Case number 1:22-cv-00794
Cleveland Medical Devices Inc. v. ResMed Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 21, 2025 | 316 | ORAL ORDER: Having reviewed the parties' October 20, 2025 letter (D.I. 315 ), IT IS HEREBY ORDERED that the case shall remain stayed. The parties shall provide a joint status report within 30 days of a resolution of the appeal of the IPR to the Federal Circuit. IT IS FURTHERED ORDERED that the status teleconference scheduled for October 21, 2025 is CANCELLED. Ordered by Judge Jennifer L. Hall on 10/21/2025. (ceg) (Entered: 10/21/2025) (0) |
| Oct 20, 2025 | 315 | Letter to The Honorable Jennifer L. Hall from Philip A. Rovner regarding status of pending issues - re 314 Oral Order,,, Set Hearings,,. (Rovner, Philip) (Entered: 10/20/2025) (1) |
| Oct 7, 2025 | 314 | ORAL ORDER: As discussed during today's teleconference, IT IS HEREBY ORDERED that a status teleconference is scheduled for Tuesday, October 21, 2025 at 4:00 PM. The parties shall dial-in to the Court's conference line at (855) 244-8681, access code: 2300 028 7194. On or before October 20, 2025, the parties shall meet and confer and submit a joint status letter setting forth pending issues. The parties should consult today's transcript for further guidance. Ordered by Judge Jennifer L. Hall on 10/7/2025. (twk) (Entered: 10/07/2025) (0) |
| Oct 1, 2025 | 313 | NOTICE of Withdrawal of Brian A. Biggs by ResMed Inc. (Whitesell, Angela) (Entered: 10/01/2025) (1) |
| Sep 29, 2025 | 312 | Letter to The Honorable Jennifer L. Hall from Angela C. Whitesell, Esquire regarding ResMed Inc.'s Response to Plaintiff's Letter Brief. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Whitesell, Angela) (Entered: 09/29/2025) (0) |
| Sep 22, 2025 | 311 | Letter to The Honorable Jennifer L. Hall from Philip A. Rovner regarding Plaintiff's Motion for Leave to Dismiss U.S. Patent No. 10,076,269 Without Prejudice and to Lift the Stay. (Attachments: # 1 Exhibit A-D, # 2 Text of Proposed Order)(Rovner, Philip) (Entered: 09/22/2025) (0) |
| Sep 16, 2025 | 310 | ORAL ORDER Setting Teleconference: The Court has reviewed the Motion for Teleconference to Resolve Discovery Dispute (D.I. 309 ). A discovery dispute teleconference is scheduled for October 7, 2025 at 4:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than September 22, 2025, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than September 29, 2025, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 9/16/2025. (ceg) (Entered: 09/16/2025) (0) |
| Sep 9, 2025 | 309 | MOTION for Teleconference to Resolve Dispute Pursuant to D.I. 307 re 307 Order - filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 09/09/2025) (2) |
| Aug 29, 2025 | 308 | NOTICE of Change of Address by Angela Whitesell (Whitesell, Angela) (Entered: 08/29/2025) (2) |
| Jul 25, 2025 | 307 | ORAL ORDER: Should Plaintiff request bifurcation or partial dismissal of claims, it may present its request by motion in accordance with Judge Hall's discovery dispute procedures. Ordered by Judge Jennifer L. Hall on 7/25/2025. (ceg) (Entered: 07/25/2025) (0) |
| Jul 24, 2025 | 306 | Joint STATUS REPORT by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit A)(Rovner, Philip) (Entered: 07/24/2025) (0) |
| Jul 18, 2025 | 305 | NOTICE requesting Clerk to remove Benu Wells as co-counsel. Reason for request: No longer with the firm of Kramer Levin Naftalis & Frankel LLP. (Pedi, Nicole) (Entered: 07/18/2025) (1) |
| Jun 12, 2025 | 304 | NOTICE of Change in Law Firm and E-mail Addresses by Cleveland Medical Devices Inc. (Rovner, Philip) (Entered: 06/12/2025) (2) |
| May 13, 2025 | 303 | ORAL ORDER: Having reviewed the parties' letter regarding recent developments in the inter partes review proceeding (D.I. 302 ), IT IS HEREBY ORDERED that the case shall remain stayed. The parties shall file a joint status report within seven (7) days of any decision from the Director. The report shall set forth the parties' positions on whether the stay shall be lifted. Ordered by Judge Jennifer L. Hall on 5/13/2025. (ceg) (Entered: 05/13/2025) (0) |
| May 9, 2025 | 302 | Letter to The Honorable Jennifer L. Hall from Angela Whitesell regarding Joint Status. (Whitesell, Angela) (Entered: 05/09/2025) (1) |
| Jun 26, 2024 | 301 | REDACTED VERSION of 297 Reply Brief by ResMed Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Biggs, Brian) (Entered: 06/26/2024) (0) |
| Jun 21, 2024 | 300 | ORAL ORDER: Having reviewed the parties' briefing regarding Defendant ResMed Inc.'s Motion to Stay Pending Inter Partes Review (D.I. 291 , 292 , 294 , 297 ), and having considered the relevant stay factors, IT IS HEREBY ORDERED that this case is STAYED. The instituted IPR proceedings have the potential to substantially simplify the issues to be tried; a stay will also serve judicial economy because a majority of the pending pre-trial motions involve the patent at issue in the IPR. I have given serious consideration and weight to both the fact that the district judge previously assigned to this case scheduled a trial to begin on August 26, 2024 (approximately two months from now) and the fact that the parties and Court have already spent significant time on this case, but those facts must be balanced against other factors, including that the most resource-intensive phases of the case still lie ahead, and the PTAB's decision could reduce the current burden on the Court and greatly simplify the issues for trial. Although the case involves other patents not subject to the IPR, the record reflects that those patents account for less than 10% of the total damages claim, and neither side seriously contends that the Court should proceed with a trial on only the non-instituted patents. Under the totality of the circumstances, the Court finds that a limited stay is warranted pending the PTAB's final written decision, which is expected by May 6, 2025. The parties shall file a joint status letter within seven days of (1) a final written decision from the PTAB or (2) any decision on Plaintiff's request for Director's review. The letter shall set forth the parties' positions on whether the stay shall be lifted. All current case deadlines are HEREBY VACATED. Ordered by Judge Jennifer L. Hall on 6/21/2024. (ceg) (Entered: 06/21/2024) (0) |
| Jun 20, 2024 | 297 | [SEALED] REPLY BRIEF re 291 MOTION to Stay Pending Inter Partes Review filed by ResMed Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Biggs, Brian) (Entered: 06/20/2024) (0) |
| Jun 20, 2024 | 298 | REDACTED VERSION of 294 Answering Brief in Opposition by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 06/20/2024) (20) |
| Jun 20, 2024 | 299 | REDACTED VERSION of 295 Declaration of Lisa Kobialka by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-27)(Rovner, Philip) (Entered: 06/20/2024) (0) |
| Jun 13, 2024 | 294 | [SEALED] ANSWERING BRIEF in Opposition re 291 MOTION to Stay Pending Inter Partes Review filed by Cleveland Medical Devices Inc..Reply Brief due date per Local Rules is 6/20/2024. (Rovner, Philip) (Entered: 06/13/2024) (0) |
| Jun 13, 2024 | 295 | [SEALED] DECLARATION re 294 Answering Brief in Opposition Declaration of Lisa Kobialka by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-27)(Rovner, Philip) (Entered: 06/13/2024) (0) |
| Jun 13, 2024 | 296 | DECLARATION re 294 Answering Brief in Opposition Declaration of Hani Kayyali by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 06/13/2024) (2) |
| Jun 4, 2024 | 293 | REDACTED VERSION of 292 Opening Brief in Support, by ResMed Inc.. (Biggs, Brian) (Entered: 06/04/2024) (30) |
| May 30, 2024 | 291 | MOTION to Stay Pending Inter Partes Review - filed by ResMed Inc.. (Attachments: # 1 Text of Proposed Order)(Biggs, Brian) Modified on 5/30/2024 (ceg). (Entered: 05/30/2024) (0) |
| May 30, 2024 | 292 | [SEALED] OPENING BRIEF in Support re 291 MOTION to Stay Pending Inter Partes Review, filed by ResMed Inc..Answering Brief/Response due date per Local Rules is 6/13/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Certificate of Service)(Biggs, Brian) Modified on 5/30/2024 (ceg). (Entered: 05/30/2024) (0) |
| May 24, 2024 | 290 | Joint Letter to The Honorable Jennifer L. Hall from Philip A. Rovner regarding Status. (Rovner, Philip) Modified on 5/28/2024 (ceg). (Entered: 05/24/2024) (5) |
| May 20, 2024 | 289 | ORAL ORDER: The Court, having reviewed Defendant’s motion to strike, in which Defendant moves to strike portions of the reply expert report of Plaintiff’s expert Dr. Jafari (“Motion”), (D.I. 234 ), and the briefing related thereto, (D.I. 272 ; D.I. 276 ; D.I. 280 ), hereby ORDERS that the Motion is DENIED. As to some portions of the reply report at issue, it seems from the text that Dr. Jafari was responding to an argument made by Defendant’s experts (which would seem to be proper material for a reply report). (See D.I. 272 , ex. 3 at paras. 29, 31, 50-55, 92, 125, 161) As to other portions at issue, it is hard to know what is going on, as the material is very dense and at times inscrutable. But regardless, even were those portions of the reply report to be deemed untimely, the Court, mindful that “exclusion of critical evidence is an extreme sanction,” Withrow v. Spears, 967 F. Supp. 2d 982, 1000 (D. Del. 2013) (internal quotation marks and citation omitted), would not exclude them, as the Pennypack factors would not support such exclusion for essentially the reasons Plaintiff notes, (D.I. 276 at 2). During this morning’s videoconference, the Court will hear argument only on Plaintiff’s motion to strike, as to which newer attorneys are arguing. Ordered by Judge Christopher J. Burke on 05/20/2024. (smg) (Entered: 05/20/2024) (0) |
| May 17, 2024 | 288 | ORAL ORDER: Having reviewed the Notice of Institution of Inter Partes Review (D.I. 287 ), it is ORDERED that, on or before May 24, 2024, the parties shall file a joint status letter setting forth their respective positions regarding how this case should proceed, including their positions on whether the case should be stayed pending the PTAB's Final Written Decision on the '269 patent. (*Status Report due by 5/24/2024). Ordered by Judge Jennifer L. Hall on 5/17/2024. (ceg) (Entered: 05/17/2024) (0) |
| May 14, 2024 | 287 | NOTICE of Institution of Inter Partes Review by ResMed Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Biggs, Brian) (Entered: 05/14/2024) (0) |
| May 13, 2024 | 286 | REDACTED VERSION of 277 Reply to Response to Motion by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 05/13/2024) (3) |
| May 10, 2024 | 284 | NOTICE of Intent to have Newer Attorney Argue CleveMed's Motion to Strike Invalidity Opinions by Cleveland Medical Devices Inc. re 242 Order Setting Hearing on Motion,,, (Rovner, Philip) (Entered: 05/10/2024) (2) |
| May 10, 2024 | 285 | NOTICE of Appearance by Nicole Kathleen Pedi on behalf of Cleveland Medical Devices Inc. (Pedi, Nicole) (Entered: 05/10/2024) (1) |
| May 9, 2024 | 283 | REDACTED VERSION of 280 Letter, Defendant ResMed Inc.'s Letter Reply in Support of ResMed's Motion to Strike Expert Opinions of Dr. Roozbeh Jafari by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 05/09/2024) (0) |
| May 7, 2024 | 282 | ORAL ORDER: The Court, having considered Defendant’s Notice of Intent to Have Newer Attorney Argue Plaintiff’s Motion to Strike (“motion”), (D.I. 281 ), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, hereby ORDERS that the Court will not cancel the videoconference regarding the motion, will ensure that sufficient time is permitted for argument regarding the dispute, and will permit experienced counsel to provide assistance when appropriate. Ordered by Judge Christopher J. Burke on 05/07/2024. (smg) (Entered: 05/07/2024) (0) |
| May 6, 2024 | 277 | [SEALED] REPLY to Response to Motion re 230 MOTION to Preclude Various Opinions of Defendant's Experts filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 05/06/2024) (0) |
| May 6, 2024 | 278 | REDACTED VERSION of 276 Statement, Opposition to Defendant ResMed Inc.'s Motion to Strike Expert Opinions and Testimony of Expert Dr. Roozbeh Jafari by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-12)(Rovner, Philip) (Entered: 05/06/2024) (0) |
| May 6, 2024 | 279 | REDACTED VERSION of 275 Letter, ResMed Inc.'s Opposition to CleveMed's Motion to Strike Invalidity Opinions of Defendant ResMed Inc.'s Experts by ResMed Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Biggs, Brian) (Entered: 05/06/2024) (0) |
| May 6, 2024 | 280 | [SEALED] Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Defendant ResMed Inc.'s Letter Reply in Support of ResMed's Motion to Strike Expert Opinions of Dr. Roozbeh Jafari - re 276 Statement, 272 Letter,. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 05/06/2024) (0) |
| May 6, 2024 | 281 | NOTICE of intent to have newer attorney argue CleveMed's Motion to Strike Invalidity Opinions by ResMed Inc. re 242 Order Setting Hearing on Motion. (Biggs, Brian) Modified on 5/7/2024 (smg). (Entered: 05/06/2024) (2) |
| Apr 29, 2024 | 273 | REDACTED VERSION of 271 Letter, to The Honorable Christopher J. Burke from Philip A. Rovner regarding Plaintiff Cleveland Medical Devices Inc.'s Motion to Strike the Invalidity Opinions of Defendant ResMed's Inc.'s Experts by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-7)(Rovner, Philip) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 274 | REDACTED VERSION of 272 Letter, by ResMed Inc.. (Biggs, Brian) (Entered: 04/29/2024) (30) |
| Apr 29, 2024 | 275 | [SEALED] Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding ResMed Inc.'s Opposition to CleveMed's Motion to Strike Invalidity Opinions of Defendant ResMed Inc.'s Experts - re 271 Letter,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Biggs, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 276 | [SEALED] STATEMENT re 272 Letter, Opposition to Defendant ResMed Inc.'s Motion to Strike Expert Opinions and Testimony of Expert Dr. Roozbeh Jafari by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-12)(Rovner, Philip) (Entered: 04/29/2024) (0) |
| Apr 23, 2024 | 272 | [SEALED] Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Defendant ResMed Inc.'s Motion to Strike Expert Opinion and Testimony of Dr. Roozbeh Jafari - re 263 Oral Order,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Appendix A, # 5 Appendix B, # 6 Appendix C, # 7 Text of Proposed Order, # 8 Certificate of Service)(Biggs, Brian) (Entered: 04/23/2024) (0) |
| Apr 22, 2024 | 271 | [SEALED] Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding Plaintiff Cleveland Medical Devices Inc.'s Motion to Strike the Invalidity Opinions of Defendant ResMed's Inc.'s Experts - re 263 Oral Order. (Attachments: # 1 Exhibit 1-7)(Rovner, Philip) Modified docket text on 4/23/2024 (ceg). (Entered: 04/22/2024) (0) |
| Apr 18, 2024 | 266 | REDACTED VERSION of 260 Reply Brief, in Support of Defendant ResMed Inc.'s Motion for Summary Judgment and Motion to Exclude Expert Testimony by ResMed Inc.. (Biggs, Brian) (Entered: 04/18/2024) (30) |
| Apr 18, 2024 | 267 | REDACTED VERSION of 261 Statement by ResMed Inc.. (Biggs, Brian) (Entered: 04/18/2024) (7) |
| Apr 18, 2024 | 268 | REDACTED VERSION of 262 Declaration, of Matthew S. Middleton in Support of ResMed Inc.'s Reply Brief in Support of RedMed Inc.'s Motion for Summary Judgment and Motion to Exclude Expert Testimony by ResMed Inc.. (Attachments: # 1 Exhibit 56, # 2 Exhibit 57, # 3 Exhibit 58, # 4 Exhibit 59, # 5 Exhibit 60, # 6 Certificate of Service)(Middleton, Matthew) (Entered: 04/18/2024) (0) |
| Apr 18, 2024 | 269 | REDACTED VERSION of 258 Reply Brief, by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/18/2024) (30) |
| Apr 18, 2024 | 270 | REDACTED VERSION of 259 Declaration of Lisa Kobialka by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-20)(Rovner, Philip) (Entered: 04/18/2024) (0) |
| Apr 15, 2024 | 263 | ORAL ORDER: If the Court is understanding it correctly, with the filing of D.I. 234, the parties are telling it that they wish to adjudicate nine different motions to strike expert reports. The Court has never seen that kind of outsized request before in this context. Indeed, it cannot easily recall even seeing half of that number of motions to strike expert reports having been filed in a patent case it has handled. And it does not have the bandwidth to address all of those motions now. So with regard to the May 20, 2024 videoconference hearing (if it is needed) and in the briefing leading up to it, the parties may each pick one of their motions (i.e., one of their bullet points listed in D.I. 234) to address. By no later than April 22, 2024, the moving party shall file a letter, of no more than two single-spaced pages, setting out their position as to their motion. By no later than April 29, 2024, the responding party shall file a letter, of no more than two-single spaced pages, setting out its response. By no later than May 6, 2024, the moving party shall file a reply letter, of no more than one single-spaced page. Ordered by Judge Christopher J. Burke on 4/15/2024. (dlb) (Entered: 04/15/2024) (0) |
| Apr 15, 2024 | 264 | Letter to The Honorable Jennifer L. Hall from Brian A. Biggs regarding Request for Oral Argument re 225 Defendant ResMed Inc.'s Motions for Summary Judgment and Motion to Exclude Expert Testimony. (Biggs, Brian) Modified on 4/15/2024 (ceg). (Entered: 04/15/2024) (1) |
| Apr 15, 2024 | 265 | Letter to The Honorable Jennifer L. Hall from Philip A. Rovner regarding request for oral argument - re 230 MOTION to Preclude Various Opinions of Defendant's Experts, 229 MOTION for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense. (Rovner, Philip) (Entered: 04/15/2024) (1) |
| Apr 11, 2024 | 258 | [SEALED] REPLY BRIEF re 230 MOTION to Preclude Various Opinions of Defendant's Experts, 229 MOTION for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/11/2024) (0) |
| Apr 11, 2024 | 259 | [SEALED] DECLARATION re 258 Reply Brief, Declaration of Lisa Kobialka by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-20)(Rovner, Philip) (Entered: 04/11/2024) (0) |
| Apr 11, 2024 | 260 | [SEALED] REPLY BRIEF re 225 MOTION for Summary Judgment Defendant ResMed Inc.'s Motions for Summary Judgment and Motion to Exclude Expert Testimony Reply Brief in Support of Defendant ResMed Inc.'s Motion for Summary Judgment and Motion to Exclude Expert Testimony filed by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 04/11/2024) (0) |
| Apr 11, 2024 | 261 | [SEALED] STATEMENT re 248 Statement, Defendant ResMed Inc.'s Response to Plaintiff's Concise Statement of Material Facts by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 04/11/2024) (0) |
| Apr 11, 2024 | 262 | [SEALED] DECLARATION re 260 Reply Brief, Declaration of Matthew S. Middleton in Support of Defendant ResMed Inc.'s Reply Brief in Support of ResMed's Motion for Summary Judgment and Motion to Exclude Expert Testimony by ResMed Inc.. (Attachments: # 1 Exhibit 56, # 2 Exhibit 57, # 3 Exhibit 58, # 4 Exhibit 59, # 5 Exhibit 60, # 6 Certificate of Service)(Middleton, Matthew) (Entered: 04/11/2024) (0) |
| Apr 8, 2024 | 251 | REDACTED VERSION of 243 Answering Brief in Opposition,, Defendant ResMed Inc.'s Response Brief to Cleveland Medical Devices Inc.'s Motions for Partial Summary Judgment and Daubert Motions to Exclude Various Opinions of Defendant's Experts by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 04/08/2024) (0) |
| Apr 8, 2024 | 252 | REDACTED VERSION of 244 Statement, Defendant ResMed Inc.'s Response to Plaintiff's Statement of Facts in Support of Its Motion for Summary Judgment by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 04/08/2024) (0) |
| Apr 8, 2024 | 253 | REDACTED VERSION of 246 Declaration,,,,,, Declaration of Brian A. Biggs in Support of Defendant ResMed Inc.'s Response Brief to Cleveland Medical Devices Inc.'s Motion for Partial Summary Judgment and Daubert Motion to Exclude Various Opinions of Defendant's Experts by ResMed Inc.. (Attachments: # 1 Exhibit A-Z, # 2 Exhibit AA-KK, # 3 Exhibit LL, # 4 Exhibit MM, # 5 Exhibit NN, # 6 Exhibit OO-QQ, # 7 Exhibit RR, # 8 Exhibit SS, # 9 Exhibit TT, # 10 Exhibit UU, # 11 Exhibit VV-WW, # 12 Exhibit XX, # 13 Exhibit YY, # 14 Exhibit ZZ, # 15 Exhibit AAA, # 16 Exhibit BBB, # 17 Exhibit CCC-DDD, # 18 Exhibit EEE, # 19 Exhibit FFF, # 20 Exhibit GGG, # 21 Exhibit HHH, # 22 Exhibit III, # 23 Exhibit JJJ, # 24 Exhibit KKK-LLL, # 25 Certificate of Service)(Biggs, Brian) (Entered: 04/08/2024) (0) |
| Apr 8, 2024 | 254 | REDACTED VERSION of 245 Answering Brief in Opposition, to Defendant ResMed Inc.'s Motions for Summary Judgment and Motion to Exclude Expert Testimony by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/08/2024) (30) |
| Apr 8, 2024 | 255 | REDACTED VERSION of 247 Statement Response to Defendant ResMed Inc.'s Concise Statement of Facts in Support of its Motion for Summary Judgment by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/08/2024) (8) |
| Apr 8, 2024 | 256 | REDACTED VERSION of 248 Statement, Concise Statement of Material Facts in Opposition to Defendant ResMed Inc.'s Motion for Summary Judgment by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/08/2024) (6) |
| Apr 8, 2024 | 257 | REDACTED VERSION of 249 Declaration, of James Hannah by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7-25, # 3 Exhibit 26-44, # 4 Exhibit 45-70, # 5 Exhibit 71-78)(Rovner, Philip) (Entered: 04/08/2024) (0) |
| Apr 1, 2024 | 243 | [SEALED] ANSWERING BRIEF in Opposition re 230 MOTION to Preclude Various Opinions of Defendant's Experts, 229 MOTION for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense Defendant ResMed Inc.'s Response Brief to Cleveland Medical Devices Inc.'s Motions for Partial Summary Judgment and Daubert Motions to Exclude Various Opinions of Defendant's Experts, filed by ResMed Inc. Reply Brief due date per 221 is 4/11/2024. (Attachments: # 1 Certificate of Service)(Biggs, Brian) Modified on 4/2/2024 (ceg). (Entered: 04/01/2024) (0) |
| Apr 1, 2024 | 244 | [SEALED] STATEMENT re 231 Statement, Defendant ResMed Inc.'s Response to Plaintiff's Statement of Facts in Support of Its Motion for Summary Judgment by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 04/01/2024) (0) |
| Apr 1, 2024 | 245 | [SEALED] ANSWERING BRIEF in Opposition re 225 Defendant ResMed Inc.'s Motions for Summary Judgment and Motion to Exclude Expert Testimony, filed by Cleveland Medical Devices Inc. Reply Brief due date per 221 is 4/11/2024. (Rovner, Philip) Modified on 4/2/2024 (ceg). (Entered: 04/01/2024) (0) |
| Apr 1, 2024 | 246 | [SEALED] DECLARATION re 243 Answering Brief in Opposition,, Declaration of Brian A. Biggs in Support of Defendant ResMed Inc.'s Response Brief to Cleveland Medical Devices Inc.'s Motions for Partial Summary Judgment and Daubert Motions to Exclude Various Opinions of Defendant's Experts by ResMed 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, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV, # 49 Exhibit WW, # 50 Exhibit XX, # 51 Exhibit YY, # 52 Exhibit ZZ, # 53 Exhibit AAA, # 54 Exhibit BBB, # 55 Exhibit CCC, # 56 Exhibit DDD, # 57 Exhibit EEE, # 58 Exhibit FFF, # 59 Exhibit GGG, # 60 Exhibit HHH, # 61 Exhibit III, # 62 Exhibit JJJ, # 63 Exhibit KKK, # 64 Exhibit LLL, # 65 Certificate of Service)(Biggs, Brian) (Entered: 04/01/2024) (0) |
| Apr 1, 2024 | 247 | [SEALED] STATEMENT re 227 Statement, Response to Defendant ResMed Inc.'s Concise Statement of Facts in Support of its Motion for Summary Judgment by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/01/2024) (0) |
| Apr 1, 2024 | 248 | [SEALED] STATEMENT re 225 MOTION for Summary Judgment Defendant ResMed Inc.'s Motions for Summary Judgment and Motion to Exclude Expert Testimony Concise Statement of Material Facts in Opposition to Defendant ResMed Inc.'s Motion for Summary Judgment by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/01/2024) (0) |
| Apr 1, 2024 | 249 | [SEALED] DECLARATION re 245 Answering Brief in Opposition, Declaration of James Hannah by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7-25, # 3 Exhibit 26-44, # 4 Exhibit 45-70, # 5 Exhibit 71-78)(Rovner, Philip) (Entered: 04/01/2024) (0) |
| Apr 1, 2024 | 250 | PROPOSED ORDER Denying Defendant ResMed Inc.'s Motion for Summary Judgment and Motion to Exclude Expert Testimony re 225 MOTION for Summary Judgment Defendant ResMed Inc.'s Motions for Summary Judgment and Motion to Exclude Expert Testimony by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/01/2024) (1) |
| Mar 19, 2024 | 242 | ORAL ORDER: The Court hereby ORDERS that a videoconference to hear argument on the parties' Joint Motion for Teleconference to Resolve Motions to Strike ("Motion"), (D.I. 234), is set for May 20, 2024 at 9:30 a.m. before Judge Christopher J. Burke via the Microsoft Teams platform. By no later than May 10, 2024, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Grimes, indicating the names and e-mail addresses of all individuals who will participate in the hearing. The Court may choose to resolve the Motion prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 3/19/2024. (dlb) (Entered: 03/19/2024) (0) |
| Mar 18, 2024 | 236 | REDACTED VERSION of 226 Opening Brief in Support, of Defendant ResMed Inc.'s Motion for Summary Judgment and Motion to Exclude Expert Testimony by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 03/18/2024) (0) |
| Mar 18, 2024 | 237 | REDACTED VERSION of 227 Statement, Defendant ResMed Inc.'s Statement of Undisputed Facts in Support of Its Motion for Summary Judgment by ResMed Inc.. (Attachments: # 1 Certificate of Service)(Biggs, Brian) (Entered: 03/18/2024) (0) |
| Mar 18, 2024 | 238 | REDACTED VERSION of 228 Declaration of Angela C. Whitesell in Support of Defendant's Motion for Summary Judgment and Motion to Exclude Expert Testimony, by ResMed Incz. (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, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17-18, # 17 Exhibit 19, # 18 Exhibit 20-22, # 19 Exhibit 23, # 20 Exhibit 24, # 21 Exhibit 25-28, # 22 Exhibit 29, # 23 Exhibit 30, # 24 Exhibit 31, # 25 Exhibit 32, # 26 Exhibit 33, # 27 Exhibit 34, # 28 Exhibit 35, # 29 Exhibit 36, # 30 Exhibit 37, # 31 Exhibit 38, # 32 Exhibit 39, # 33 Exhibit 40, # 34 Exhibit 41, # 35 Exhibit 42, # 36 Exhibit 43, # 37 Exhibit 44, # 38 Exhibit 45, # 39 Exhibit 46, # 40 Exhibit 47, # 41 Exhibit 48, # 42 Exhibit 49, # 43 Exhibit 50, # 44 Exhibit 51, # 45 Exhibit 52, # 46 Exhibit 53, # 47 Exhibit 54-55, # 48 certificate of Service)(Biggs, Brian) Modified on 3/18/2024 (ceg). (Entered: 03/18/2024) (0) |
| Mar 18, 2024 | 239 | REDACTED VERSION of 231 Statement, re Motion for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense Concise Statement of Undisputed Material Facts in support of its Motions for Partial Summary Judgment by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 03/18/2024) (6) |
| Mar 18, 2024 | 240 | REDACTED VERSION of 232 Opening Brief in Support, by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 03/18/2024) (30) |
| Mar 18, 2024 | 241 | REDACTED VERSION of 233 Declaration, Declaration of Lisa Kobialka by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-25, # 3 Exhibit 26-40)(Rovner, Philip) (Entered: 03/18/2024) (0) |
| Mar 15, 2024 | 235 | ORAL ORDER REFERRING MOTION: IT IS HEREBY ORDERED that the Joint Motion for Teleconference to Resolve Motions to Strike (D.I. 234 ) is now REFERRED to Magistrate Judge Christopher J. Burke. Ordered by Judge Jennifer L. Hall on 3/15/2024. (ceg) (Entered: 03/15/2024) (0) |
| Mar 13, 2024 | 234 | Joint MOTION for Teleconference to Resolve Motions to Strike - filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 03/13/2024) (2) |
| Mar 11, 2024 | 225 | MOTION for Summary Judgment and Motion to Exclude Expert Testimony - filed by ResMed Inc. (Attachments: # 1 Text of Proposed Order)(Biggs, Brian) Modified on 3/12/2024 (ceg). (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 226 | [SEALED] OPENING BRIEF in Support re 225 MOTION for Summary Judgment and Motion to Exclude Expert Testimony, filed by ResMed Inc. Answering Brief/Response due date per 221 Stipulation is 4/1/2024. (Attachments: # 1 Certificate of Service) (Biggs, Brian) Modified on 3/12/2024 (ceg). (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 227 | [SEALED] STATEMENT re 225 MOTION for Summary Judgment and Motion to Exclude Expert Testimony//Defendant ResMed Inc.'s Statement of Undisputed Facts in Support of Motion for Summary Judgment, by ResMed Inc. (Attachments: # 1 Certificate of Service)(Biggs, Brian) Modified on 3/12/2024 (ceg). (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 228 | [SEALED] DECLARATION re 225 MOTION for Summary Judgment and Motion to Exclude Expert Testimony//Declaration of Angela C. Whitesell in Support of Defendant's Motion for Summary Judgment and Motion to Exclude Expert Testimony, by ResMed Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 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, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Certificate of Service)(Biggs, Brian) Modified on 3/12/2024 (ceg). (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 229 | MOTION for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense - filed by Cleveland Medical Devices Inc.. (Attachments: # 1 Text of Proposed Order)(Rovner, Philip) (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 230 | MOTION to Preclude Various Opinions of Defendant's Experts - filed by Cleveland Medical Devices Inc.. (Attachments: # 1 Text of Proposed Order)(Rovner, Philip) (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 231 | [SEALED] STATEMENT re 229 MOTION for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense Concise Statement of Undisputed Material Facts in support of its Motions for Partial Summary Judgment by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 232 | [SEALED] OPENING BRIEF in Support re 230 MOTION to Preclude Various Opinions of Defendant's Experts, 229 MOTION for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense filed by Cleveland Medical Devices Inc..Answering Brief/Response due date per 221 is 4/1/2024. (Rovner, Philip) Modified on 3/12/2024 (ceg). (Entered: 03/11/2024) (0) |
| Mar 11, 2024 | 233 | [SEALED] DECLARATION re 230 MOTION to Preclude Various Opinions of Defendant's Experts, 229 MOTION for Partial Summary Judgment on Inequitable Conduct and Unclean Hands Defense and Partial Summary Judgment on Section 1498 Defense Declaration of Lisa Kobialka by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-25, # 3 Exhibit 26-40)(Rovner, Philip) (Entered: 03/11/2024) (0) |
| Mar 4, 2024 | 224 | ORAL ORDER re 222 Letter: Defendant's request for a two-day bench trial on the issue of inequitable conduct in June 2024 (prior to the scheduled jury trial in August 2024) is DENIED. Ordered by Judge Jennifer L. Hall on 3/4/2024. (ceg) (Entered: 03/04/2024) (0) |
| Feb 29, 2024 | 223 | Letter to The Honorable Jennifer L. Hall from Philip A. Rovner regarding response to Defendant's February 23, 2024 letter - re 222 Letter. (Rovner, Philip) (Entered: 02/29/2024) (3) |
| Feb 23, 2024 | 222 | Letter to The Honorable Jennifer L. Hall from Brian A. Biggs regarding request for early bench-trial on inequitable conduct defense. (Biggs, Brian) Modified on 3/4/2024 (ceg). (Entered: 02/23/2024) (2) |
| Feb 15, 2024 | 221 | STIPULATION and [Proposed] Order to Extend Scheduling Order Deadlines - filed by ResMed Inc.. (Middleton, Matthew) Modified on 2/16/2024 (ceg). (Entered: 02/15/2024) (2) |
| Feb 2, 2024 | 220 | Joint Letter to The Honorable Jennifer L. Hall from Angela C. Whitesell regarding status of Apria Healthcares Motion to Quash. (Whitesell, Angela) Modified on 2/2/2024 (ceg). (Entered: 02/02/2024) (1) |
| Jan 30, 2024 | 219 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Depositions of Morten Jensen, Jing Hu, Julia Rowe and Thomas Irving filed by Cleveland Medical Devices Inc..(Rovner, Philip) (Entered: 01/30/2024) (2) |
| Jan 26, 2024 | 212 | NOTICE OF SERVICE of Reply Expert Report of Dr. David A. Borkholder (Highly Confidential - Attorneys' Eyes Only); Reply Expert Report of Dr. Carolyn M. D'Ambrosio (Highly Confidential - Attorneys' Eyes Only); Reply Expert Report of Dr. Roozbeh Jafari (Highly Confidential - Attorneys' Eyes Only - Restricted Confidential Source Code); Reply Expert Report of Gregory K. Bell, Ph.D. (Highly Confidential - Attorneys' Eyes Only) filed by Cleveland Medical Devices Inc..(Rovner, Philip) (Entered: 01/26/2024) (2) |
| Jan 26, 2024 | 213 | NOTICE to Take Deposition of Gregory Bell on February 8, 2024 filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/26/2024) (2) |
| Jan 26, 2024 | 214 | NOTICE to Take Deposition of Dr. Roozbeh Jafari on February 12, 2024 filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/26/2024) (2) |
| Jan 26, 2024 | 215 | NOTICE to Take Deposition of Carolyn D'Ambrosio on February 6, 2024 filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/26/2024) (2) |
| Jan 26, 2024 | 216 | NOTICE to Take Deposition of David Borkholder on February 2, 2024 filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/26/2024) (2) |
| Jan 26, 2024 | 217 | NOTICE to Take Deposition of Robert Stoll on February 6, 2024 filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/26/2024) (2) |
| Jan 26, 2024 | 218 | NOTICE to Take Deposition of Susheel Patil on February 2, 2024 filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/26/2024) (2) |
| Jan 25, 2024 | 211 | ORAL ORDER: This case is one of the hundreds of cases recently re-assigned to Judge Hall. Having reviewed the briefing and declarations regarding the pending Motion to Quash (D.I. 135, 136, 137, 151, 152, 156), IT IS HEREBY ORDERED that, on or before February 2, 2024, the parties and non-party Apria Healthcare LLC shall meet and confer and file a joint status letter indicating whether the Motion to Quash still requires the Court's attention in light of the additional discovery that has taken place since the motion was filed. If a dispute remains, the affected parties/non-party shall file Judge Hall's "Motion for Teleconference to Resolve Discovery Dispute," which can be found on Judge Hall's portion of the District Court's website. Ordered by Judge Jennifer L. Hall on 1/25/2024. (ceg) (Entered: 01/25/2024) (0) |
| Jan 24, 2024 | 209 | STIPULATION and [Proposed] Order to Extend Deadlines - filed by Cleveland Medical Devices Inc. (Rovner, Philip) Modified on 1/25/2024 (ceg). (Entered: 01/24/2024) (3) |
| Jan 24, 2024 | 210 | NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Alan R. Schwartz on Invalidity Issues; (2) Reply Expert Report of Dr. Morten Jensen Regarding Invalidity Issues; (3) Reply Expert Report of Dr. Jing Hu Regardinging Invalidity Issues; (4) Reply Report of Thomas L. Irving Dated January 24, 2024 filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/24/2024) (3) |
| Jan 12, 2024 | 208 | NOTICE OF SERVICE of Expert Report of Robert L. Stoll (Highly Confidential - Attorneys' Eyes Only); Rebuttal Expert Report of Dr. Susheel Patil (Highly Confidential - Attorneys' Eyes Only); Rebuttal Expert Report of Dr. David A. Borkholder (Highly Confidential - Attorneys' Eyes Only - Restricted Confidential Source Code) filed by Cleveland Medical Devices Inc..(Rovner, Philip) (Entered: 01/12/2024) (2) |
| Jan 8, 2024 | 207 | NOTICE OF SERVICE of (1) Expert Report of Dr. Jing Hu Regarding Noninfringement Issues; (2) Rebuttal Expert Report of Dr. Alan R. Schwartz on Noninfringement Issues; (3) Rebuttal Expert Report of Dr. Morten Jensen Regarding Noninfringement Issues; and (4) Rebuttal Expert Report Regarding Damages filed by ResMed Inc..(Middleton, Matthew) (Entered: 01/08/2024) (3) |
| Dec 28, 2023 | 206 | NOTICE of withdrawal of Jonathan A. Choa by Cleveland Medical Devices Inc. (Choa, Jonathan) (Entered: 12/28/2023) (1) |
| Dec 11, 2023 | 204 | Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Request for Oral Argument - re 195 MOTION to Strike 183 Amended Answer to Complaint,, Counterclaim, Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer. (Biggs, Brian) (Entered: 12/11/2023) (1) |
| Dec 11, 2023 | 205 | REDACTED VERSION of 200 Letter, by ResMed Inc.. (Biggs, Brian) (Entered: 12/11/2023) (7) |
| Dec 7, 2023 | 203 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding Reply in Support of its Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer - re 195 MOTION to Strike 183 Amended Answer to Complaint,, Counterclaim, Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer. (Rovner, Philip) (Entered: 12/07/2023) (4) |
| Dec 5, 2023 | 202 | NOTICE OF SERVICE of Expert Report of Dr. Carolyn M. D'Ambrosio regarding Infringement by Defendant ResMed Inc. of U.S. Patent Nos. 10,426,399, 10,028,698, and 11,202,603 (Highly Confidential - Attorneys' Eyes Only); Expert Report of Dr. David A. Borkholder (Highly Confidential - Attorneys' Eyes Only); Expert Report of Gregory K. Bell, Ph.D. (Highly Confidential - Attorneys' Eyes Only); Expert Report of Dr. Roozbeh Jafari (Highly Confidential - Attorneys' Eyes Only - Restricted Confidential Source Code); Expert Report of Dr. Susheel Patil filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 12/05/2023) (2) |
| Dec 4, 2023 | 200 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed, Inc.'s Opposition to Plaintiff's Motion to Strike - re 195 MOTION to Strike 183 Amended Answer to Complaint,, Counterclaim, Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer, 196 Letter,. (Biggs, Brian) (Entered: 12/04/2023) (0) |
| Dec 4, 2023 | 201 | NOTICE OF SERVICE of (1) Expert Report of Dr. Alan R. Schwartz Regarding Invalidity Issues; (2) Expert Report of Dr. Morten O. Jensen Regarding Invalidity Issues; (3) Expert Report of Dr. Jing Hu Regarding Invalidity Issues; and (4) Expert Report of Thomas L. Irving Dated December 4, 2023 filed by ResMed Inc..(Middleton, Matthew) (Entered: 12/04/2023) (3) |
| Nov 29, 2023 | 199 | ORAL ORDER: Having reviewed CleveMed's Motion to Strike Insufficiently Pled Affirmative Defenses (D.I. 179) and the parties' respective letters and subsequent filings concerning that motion (D.I. 184, 185, 186, 195 and 196), IT IS HEREBY ORDERED that CleveMed's Motion to Strike Insufficiently Plead Affirmative Defenses (D.I. 179) is DENIED AS MOOT given ResMed's subsequent filing of its First Amended Answer and Affirmative Defenses (D.I. 183) and CleveMed's subsequent filing of its Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer (D.I. 195). CleveMed's current motion to strike, D.I. 195, remains pending. Briefing on CleveMed's current motion to strike, D.I. 195, has not been completed as of this date. ORDERED by Judge Gregory B. Williams on 11/29/23. (ntl) (Entered: 11/29/2023) (0) |
| Nov 28, 2023 | 198 | STIPULATION and [Proposed] Order for Extension of Time by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 11/28/2023) (2) |
| Nov 27, 2023 | 195 | MOTION to Strike 183 Amended Answer to Complaint,, Counterclaim, Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer - filed by Cleveland Medical Devices Inc.. (Attachments: # 1 Text of Proposed Order)(Rovner, Philip) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 196 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding in Support of Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer - re 195 MOTION to Strike 183 Amended Answer to Complaint,, Counterclaim, Motion to Strike Insufficiently Pled Affirmative Defenses in Amended Answer. (Rovner, Philip) (Entered: 11/27/2023) (5) |
| Nov 27, 2023 | 197 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Fourth Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s Third Set of Interrogatories (Nos. 12-21) filed by ResMed Inc..(Biggs, Brian) (Entered: 11/27/2023) (2) |
| Nov 20, 2023 | 194 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Final Invalidity Contentions filed by ResMed Inc..(Biggs, Brian) (Entered: 11/20/2023) (2) |
| Nov 16, 2023 | 192 | NOTICE of Withdrawal of Certain Requests for Discovery Teleconference by ResMed Inc. re 170 Letter (Whitesell, Angela) (Entered: 11/16/2023) (2) |
| Nov 16, 2023 | 193 | REDACTED VERSION of 183 Amended Answer to Complaint,, Counterclaim, by ResMed Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Certificate of Service)(Biggs, Brian) (Entered: 11/16/2023) (0) |
| Nov 15, 2023 | 191 | NOTICE of Withdrawal of Certain Requests for Discovery Teleconference (D.I. 121, D.I. 139) by Cleveland Medical Devices Inc. re 121 Letter, 139 Letter (Rovner, Philip) (Entered: 11/15/2023) (2) |
| Nov 14, 2023 | 189 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Final Infringement Contentions and Final Election of Asserted Claims (Highly Confidential - Attorneys' Eyes Only) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 11/14/2023) (2) |
| Nov 14, 2023 | 190 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference ( D.I. 121, D.I. 139, D.I. 170, and D.I. 171), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Monday, November 20, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than 5:00 p.m. on Wednesday November 22, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 11/14/23. (ntl) (Entered: 11/14/2023) (0) |
| Nov 10, 2023 | 188 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Third Amended Initial Invalidity Contentions filed by ResMed Inc..(Biggs, Brian) (Entered: 11/10/2023) (2) |
| Nov 9, 2023 | 187 | STIPULATION TO EXTEND TIME of Various Deadlines to See Stipulation - filed by ResMed Inc.. (Whitesell, Angela) (Entered: 11/09/2023) (2) |
| Nov 7, 2023 | 186 | Letter to The Honorable Gregory B. Williams from Angela C. Whitesell regarding Plaintiff CleveMeds purported reply in support of its motion to strike, filed on November 6, 2023 - re 185 Reply Brief. (Whitesell, Angela) (Entered: 11/07/2023) (2) |
| Nov 6, 2023 | 185 | REPLY BRIEF re 179 MOTION to Strike Insufficiently Pled Affirmative Defenses filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 11/06/2023) (4) |
| Nov 3, 2023 | 183 | [SEALED] AMENDED ANSWER to 1 Complaint,, COUNTERCLAIM against ResMed Inc. by ResMed Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Certificate of Service)(Biggs, Brian) (Entered: 11/03/2023) (0) |
| Nov 3, 2023 | 184 | Letter to The Honorable Gregory B. Williams from Angela C. Whitesell regarding Motion to Strike Response. (Whitesell, Angela) (Entered: 11/03/2023) (1) |
| Oct 30, 2023 | 181 | MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 10/30/23. (ntl) (Entered: 10/30/2023) (34) |
| Oct 30, 2023 | 182 | ORDER re 181 Memorandum Opinion regarding claim construction. Signed by Judge Gregory B. Williams on 10/30/23. (ntl) (Entered: 10/30/2023) (5) |
| Oct 27, 2023 | 179 | MOTION to Strike Insufficiently Pled Affirmative Defenses - filed by Cleveland Medical Devices Inc.. (Attachments: # 1 Text of Proposed Order)(Rovner, Philip) (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 180 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner - re 179 MOTION to Strike Insufficiently Pled Affirmative Defenses. (Rovner, Philip) (Entered: 10/27/2023) (5) |
| Oct 25, 2023 | 178 | REDACTED VERSION of 176 Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding documents for October 18, 2023 hearing by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit A-B)(Rovner, Philip) (Entered: 10/25/2023) (0) |
| Oct 20, 2023 | 177 | ORDER regarding the Court's rulings during the 10/18/23 discovery teleconference. Signed by Judge Gregory B. Williams on 10/20/23. (ntl) (Entered: 10/20/2023) (4) |
| Oct 17, 2023 | 176 | [SEALED] Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding documents for October 18, 2023 hearing. (Attachments: # 1 Exhibit A-B)(Rovner, Philip) (Entered: 10/17/2023) (0) |
| Oct 16, 2023 | 175 | ANSWER to 1 Complaint, with Jury Demand Defendant ResMed Inc.'s Answer and Affirmative Defenses to Complaint for Patent Infringement by ResMed Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Biggs, Brian) (Entered: 10/16/2023) (0) |
| Oct 13, 2023 | 174 | REDACTED VERSION of 164 Letter, to The Honorable Gregory B. Williams from Philip A. Rovner regarding supplemental letter brief in support of its Motion to Compel Defendant ResMed Inc.'s invalidity contentions regarding the '269 patent by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3-4)(Rovner, Philip) (Entered: 10/13/2023) (0) |
| Oct 12, 2023 | 173 | REDACTED VERSION of 169 Letter, to The Honorable Gregory B. Williams from Brian A. Biggs regarding ResMed's Discovery Dispute Response Letter by ResMed Inc.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Biggs, Brian) (Entered: 10/12/2023) (0) |
| Oct 10, 2023 | 172 | STIPULATION TO EXTEND TIME for the parties to file public versions of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Letter Brief in Support of Its Motion to Compel Defendant ResMed Inc.'s Invalidity Contentions Regarding the '269 Patent to October 17, 2023 - filed by ResMed Inc.. (Middleton, Matthew) (Entered: 10/10/2023) (2) |
| Oct 6, 2023 | 170 | Joint Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding request the scheduling of a discovery teleconference. (Biggs, Brian) (Entered: 10/06/2023) (1) |
| Oct 6, 2023 | 171 | Joint Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding Ripe Discovery Disputes - re 162 Order Setting Teleconference,,,,. (Rovner, Philip) (Entered: 10/06/2023) (4) |
| Oct 5, 2023 | 168 | STIPULATION TO EXTEND TIME deadlines of Opening Expert Reports to November 21, 2023; Rebuttal Expert Reports to December 19, 2023; Reply Expert Reports to January 11, 2024; and Close of Expert Discovery to January 26, 2024 to - filed by ResMed Inc.. (Whitesell, Angela) (Entered: 10/05/2023) (2) |
| Oct 5, 2023 | 169 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding ResMed's Discovery Dispute Response Letter - re 162 Order Setting Teleconference,,,, 164 Letter,. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Biggs, Brian) (Entered: 10/05/2023) (0) |
| Oct 4, 2023 | 166 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Responses to Defendant Resmed Inc.'s Second Set of Interrogatories (Nos. 15-17); Plaintiff Cleveland Medical Devices Inc.'s Supplemental Responses to Defendant Resmed Inc.'s Third Set of Interrogatories (No. 18); and Plaintiff Cleveland Medical Devices Inc.'s Supplemental Responses to Defendant Resmed Inc.'s First Set of Interrogatories (Nos. 1-14) (Highly Confidential - Attorneys' Eyes Only) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 10/04/2023) (2) |
| Oct 4, 2023 | 167 | NOTICE of Appearance by Matthew S. Middleton on behalf of ResMed Inc. (Middleton, Matthew) (Entered: 10/04/2023) (1) |
| Oct 3, 2023 | 164 | [SEALED] Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding supplemental letter brief in support of its Motion to Compel Defendant ResMed Inc.'s invalidity contentions regarding the '269 patent - re 83 Letter,. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3-4)(Rovner, Philip) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | 165 | NOTICE OF SERVICE of (1) Defendant ResMed Inc.'s Fourth Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s First Set of Interrogatories (Nos. 1-5); (2) Defendant ResMed Inc.'s Fourth Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s Second Set of Interrogatories (Nos. 6-11); and (3) Defendant ResMed Inc.'s Third Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s Third Set of Interrogatories (Nos. 12-21) filed by ResMed Inc..(Whitesell, Angela) (Entered: 10/03/2023) (3) |
| Oct 2, 2023 | 163 | MEMORANDUM ORDER re 12 MOTION to Dismiss filed by ResMed Inc. is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Gregory B. Williams on 10/2/23. (ntl) (Entered: 10/02/2023) (15) |
| Sep 29, 2023 | 162 | ORAL ORDER: Having reviewed the parties' respective discovery letters (D.I. 82, D.I. 83, D.I. 85, D.I. 87, D.I. 158), IT IS HEREBY ORDERED that a discovery teleconference will be held on October 18, 2023, at 1:00 p.m. The Court will allocate thirty (30) minutes for the teleconference with the time to be split equally between both sides. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. Additionally, IT IS ORDERED that the parties submit a joint letter listing all discovery disputes that remain ripe for the Court's consideration no later than October 6, 2023. This letter should not exceed two pages in length. As Plaintiff noted in its letter to the Court dated September 14th, D.I. 158, that it planned to raise additional deficiencies with Defendant's Amended Contentions, Plaintiff shall submit a one-page letter no later than October 3, 2023 addressing any deficiencies with the Amended Contentions that remain unresolved. Defendant shall file a one-page response to Plaintiff's letter no later than October 5, 2023. ORDERED by Judge Gregory B. Williams on 9/29/2023. (ntl) (Entered: 09/29/2023) (0) |
| Sep 26, 2023 | 160 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Infringement Contentions and Supplemental Election of Asserted Claims (Highly Confidential - Attorneys' Eyes Only) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 09/26/2023) (2) |
| Sep 26, 2023 | 161 | NOTICE OF SERVICE of 1) Defendant ResMed Inc.s Objections & Responses to Plaintiff Cleveland Medical Devices Inc.s Fifth Set of Interrogatories (Nos. 23-25) HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY; 2) Defendant ResMed Inc.s Objections & Responses to Plaintiff Cleveland Medical Devices Inc.s Sixth Set of Requests for Production of Documents &Things (Nos. 100-134); and 3) Defendant ResMed Inc.s Objections & Responses to Plaintiff Cleveland Medical Devices Inc.s Second Set of Requests for Admissions (Nos. 8-48) HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/26/2023) (2) |
| Sep 22, 2023 | 159 | Joint STIPULATION TO EXTEND TIME for the close of fact discovery to October 3, 2023 - filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 09/22/2023) (2) |
| Sep 14, 2023 | 158 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding invalidity contentions dispute - re 83 Letter,. (Rovner, Philip) (Entered: 09/14/2023) (2) |
| Sep 13, 2023 | 157 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Second Supplemental Objections and Responses to Defendant Resmed Inc.'s Interrogatory (No. 16) (Highly Confidential - Attorneys' Eyes Only) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 09/13/2023) (2) |
| Sep 12, 2023 | 156 | REPLY BRIEF re 135 MOTION to Quash Subpoenas served upon Non-Party Apria Healthcare LLC filed by ResMed Inc.. (Biggs, Brian) (Entered: 09/12/2023) (14) |
| Sep 11, 2023 | 155 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Subpoenas to AdaptHealth Corp., Linecare Inc. and Medical Service Company filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 09/11/2023) (2) |
| Sep 7, 2023 | 154 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Second Notice of 30(b)(6) Deposition of Defendant Resmed Inc. filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 09/07/2023) (2) |
| Sep 6, 2023 | 153 | MOTION for Pro Hac Vice Appearance of Attorney Melissa T.G. Brenner, Michel H. Lee and Charles Keller - filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 09/06/2023) (5) |
| Sep 5, 2023 | 150 | NOTICE OF SERVICE of Defendant ResMed Inc.s Third Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.s First Set of Interrogatories (Nos. 1-5) (Supplementing Interrogatory No. 1) filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/05/2023) (2) |
| Sep 5, 2023 | 151 | ANSWERING BRIEF in Opposition re 135 MOTION to Quash Subpoenas served upon Non-Party Apria Healthcare LLC filed by Cleveland Medical Devices Inc..Reply Brief due date per Local Rules is 9/12/2023. (Rovner, Philip) (Entered: 09/05/2023) (19) |
| Sep 5, 2023 | 152 | DECLARATION re 151 Answering Brief in Opposition to Non-Party Apria Healthcare LLC's Opening Brief in support of its Motion to Quash Subpoenas -- Declaration of Lisa Kobialka by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-17)(Rovner, Philip) (Entered: 09/05/2023) (0) |
| Sep 1, 2023 | 144 | NOTICE to Take Deposition of Brian Kolkowski on September 14, 2023 filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/01/2023) (2) |
| Sep 1, 2023 | 145 | NOTICE to Take Deposition of Craig Frederick on September 18, 2023 filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/01/2023) (2) |
| Sep 1, 2023 | 146 | NOTICE to Take Deposition of Hani Kayyali on September 13, 2023 filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/01/2023) (2) |
| Sep 1, 2023 | 147 | NOTICE to Take Deposition of Mohammad Modarres-Zadeh on September 18, 2023 filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/01/2023) (2) |
| Sep 1, 2023 | 148 | NOTICE to Take Deposition of Robert Schmidt on September 26, 2023 filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/01/2023) (2) |
| Sep 1, 2023 | 149 | NOTICE to Take Deposition of Sarah Weimer on September 13, 2023 filed by ResMed Inc..(Whitesell, Angela) (Entered: 09/01/2023) (2) |
| Aug 29, 2023 | 143 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Deposition of Jeff Armitstead filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/29/2023) (2) |
| Aug 25, 2023 | 142 | NOTICE OF SERVICE of (1) Defendant Resmed Inc.s Supplemental Objections And Responses To Plaintiff Cleveland Medical Devices Inc.S Fourth Set Of Interrogatories (No. 22) And (2) Defendant Resmed Inc.s Third Supplemental Objections And Responses To Plaintiff Cleveland Medical Devices Inc.s Third Set Of Interrogatories (Nos. 12-21) filed by ResMed Inc..(Whitesell, Angela) (Entered: 08/25/2023) (2) |
| Aug 23, 2023 | 139 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding Discovery Dispute. (Rovner, Philip) (Entered: 08/23/2023) (1) |
| Aug 23, 2023 | 140 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Subpoenas to David D'Cruz, Harish Panmar, Jimmy Tran, and Marek Jablonowski filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/23/2023) (2) |
| Aug 23, 2023 | 141 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Deposition of Amila Fernando, Chris Roman, Kate Molony, and Mark Buckley filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/23/2023) (2) |
| Aug 22, 2023 | 135 | MOTION to Quash Subpoenas served upon Non-Party Apria Healthcare LLC - filed by ResMed Inc.. (Attachments: # 1 Text of Proposed Order)(Biggs, Brian) (Entered: 08/22/2023) (0) |
| Aug 22, 2023 | 136 | OPENING BRIEF in Support re 135 MOTION to Quash Subpoenas served upon Non-Party Apria Healthcare LLC filed by ResMed Inc..Answering Brief/Response due date per Local Rules is 9/5/2023. (Biggs, Brian) (Entered: 08/22/2023) (15) |
| Aug 22, 2023 | 137 | DECLARATION re 136 Opening Brief in Support of Motion to Quash Subpoenas by ResMed Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Biggs, Brian) (Entered: 08/22/2023) (0) |
| Aug 22, 2023 | 138 | Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ResMed Inc.. (Biggs, Brian) (Entered: 08/22/2023) (1) |
| Aug 18, 2023 | 134 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Subpoenas to Greg Tracy filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/18/2023) (2) |
| Aug 17, 2023 | 133 | NOTICE OF SERVICE of Defendant Resmed Inc.s Second Amended Initial Invalidity Contentions filed by ResMed Inc..(Biggs, Brian) (Entered: 08/17/2023) (2) |
| Aug 15, 2023 | 132 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notices of Deposition of Brooke Harding and Jeannine Souedin filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/15/2023) (2) |
| Aug 11, 2023 | 131 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/11/2023) (2) |
| Aug 10, 2023 | 130 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notices of Deposition of Brian Hickey, Manish Ladha, and Bob Nadler filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/10/2023) (2) |
| Aug 9, 2023 | 129 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Responses to Defendant Resmed Inc.'s First Set of Interrogatories (No. 2) (Highly Confidential - Attorneys' Eyes Only) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/09/2023) (2) |
| Aug 8, 2023 | 128 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding agreed upon claim construction. (Rovner, Philip) (Entered: 08/08/2023) (1) |
| Aug 4, 2023 | 127 | ORDER re 61 MOTION for Reconsideration filed by ResMed Inc. is DENIED. Signed by Judge Gregory B. Williams on 8/4/23. (ntl) (Entered: 08/04/2023) (4) |
| Aug 3, 2023 | 126 | EXHIBIT re 13 Opening Brief in Support, Corrected Exhibit B to Opening Brief in Support of Defendant ResMed Inc.'s Motion to Dismiss Plaintiff's Complaint by ResMed Inc.. (Whitesell, Angela) (Entered: 08/03/2023) (30) |
| Aug 1, 2023 | 125 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Objections and Response to Defendant Resmed Inc.'s Fourth Set of Interrogatories (No. 19) (Highly Confidential - Attorneys' Eyes Only) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 08/01/2023) (2) |
| Jul 28, 2023 | 124 | Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding ResMed, Inc.'s Election of Terms for Construction for 8/1 Claim Construction Hearing - re 120 Order,,,. (Biggs, Brian) (Entered: 07/28/2023) (1) |
| Jul 27, 2023 | 122 | NOTICE to Take Deposition of Cleveland Medical Devices Inc. on September 1, 2023 filed by ResMed Inc..(Whitesell, Angela) (Entered: 07/27/2023) (11) |
| Jul 27, 2023 | 123 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Subpoenas to David D'Cruz and Midmark Corporation filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 07/27/2023) (2) |
| Jul 26, 2023 | 120 | ORAL ORDER: The Court has reviewed the parties' joint letter (D.I. 117), the Amended Joint Claim Construction Brief (D.I. 116), and accompanying Exhibit 1 (D.I. 116-1). The Court will defer construction of CleveMed's Terms 14 and 19 to a later stage in the litigation. With respect to ResMed's Term 2, Term 3, Term 4, Term 6, Term 8, and Term 17, not later than Friday, July 28, ResMed shall select four (4) of these terms for construction now, deferring two (2) to a later stage in the litigation. In addition to the four (4) terms identified by ResMed, the Court will construe Term 1, Term 15, Term 22, and Term 24 in connection with the August 1, 2023 Claim Construction Hearing. D.I. 116-1 at 2, 5. ORDERED by Judge Gregory B. Williams on 7/26/23. (ntl) (Entered: 07/26/2023) (0) |
| Jul 26, 2023 | 121 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding Discovery Dispute. (Rovner, Philip) (Entered: 07/26/2023) (2) |
| Jul 21, 2023 | 119 | ORDER re 118 Joint MOTION to Amend/Correct the Scheduling and Pretrial Order. Signed by Judge Gregory B. Williams on 7/21/2023. (etg) (Entered: 07/21/2023) (1) |
| Jul 19, 2023 | 117 | Joint Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Joint Letter Re Parties' Dispute Regarding The Ten Terms/Term Sets to Present at 8/1 Markman Hearing - re 99 Order,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Biggs, Brian) (Entered: 07/19/2023) (0) |
| Jul 19, 2023 | 118 | Joint MOTION to Amend/Correct the Scheduling and Pretrial Order - filed by Cleveland Medical Devices Inc.. (Attachments: # 1 Text of Proposed Order)(Rovner, Philip) (Entered: 07/19/2023) (0) |
| Jul 17, 2023 | 115 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Objections and Responses to Defendant ResMed Inc.'s Third Set of Requests for Production of Documents and Things (Nos. 66-67) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 07/17/2023) (2) |
| Jul 17, 2023 | 116 | Amended JOINT CLAIM CONSTRUCTION BRIEF filed by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1)(Rovner, Philip) (Entered: 07/17/2023) (0) |
| Jul 14, 2023 | 113 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Subpoenas to Apria Healthcare Group LLC, Lincare Holdings Inc., and UnitedHealth Group Incorporated filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 07/14/2023) (2) |
| Jul 14, 2023 | 114 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices, Inc.'s Notice of Deposition of ResMed Inc. Pursuant to Fed. R. Civ. P. 30(B)(6) filed by ResMed Inc..(Whitesell, Angela) (Entered: 07/14/2023) (2) |
| Jul 11, 2023 | 110 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Third Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices, Inc.'s Second Set of Interrogatories (NOS. 6-11) filed by ResMed Inc..(Whitesell, Angela) (Entered: 07/11/2023) (2) |
| Jul 11, 2023 | 111 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Objections and Responses to Defendant ResMed Inc.'s First and Second Sets of Interrogatories (Nos. 8, 13, 14 and 16) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 07/11/2023) (2) |
| Jul 11, 2023 | 112 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Second Supplemental Objections and Responses to Plaintiff Cleveland Medical Device, Inc.'s Third Set of Interrogatories (Nos. 12-21) filed by ResMed Inc..(Whitesell, Angela) (Entered: 07/11/2023) (2) |
| Jul 7, 2023 | 109 | STATEMENT re 13 Opening Brief in Support, 25 Reply Brief, 20 Answering Brief in Opposition, Notice of Subsequent Authority related to Defendant ResMed Inc.'s Motion to Dismiss the Complaint by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit A-H)(Rovner, Philip) (Entered: 07/07/2023) (0) |
| Jul 6, 2023 | 108 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Objections and Responses to Defendant ResMed Inc.'s Third Set of Interrogatories (No. 18) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 07/06/2023) (2) |
| Jul 5, 2023 | 107 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Depositions of Anoj Joshi, David Mulcahy, George Koshy, Greg Tracy, Gregory Dench, Michael Farrell, Michael Pinczuk, Paul Green and Stephen Van Lyon filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 07/05/2023) (2) |
| Jun 30, 2023 | 104 | NOTICE OF SERVICE of Notice of Subpoenas to Matthew Borer filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 06/30/2023) (2) |
| Jun 30, 2023 | 105 | NOTICE OF SERVICE of Subpoena to Fitbit LLC filed by ResMed Inc.. (Attachments: # 1 Exhibit 1)(Biggs, Brian) (Entered: 06/30/2023) (0) |
| Jun 30, 2023 | 106 | NOTICE OF SERVICE of Subpoena to Somnetics International, Inc. filed by ResMed Inc.. (Attachments: # 1 Exhibit 1)(Biggs, Brian) (Entered: 06/30/2023) (0) |
| Jun 29, 2023 | 103 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Fourth Set of Interrogatories Directed to Plaintiff Cleveland Medical Devices, Inc. (No. 19) filed by ResMed Inc..(Whitesell, Angela) (Entered: 06/29/2023) (2) |
| Jun 28, 2023 | 102 | REDACTED VERSION of 97 Appendix of Supplemental Evidence to Claim Construction Brief [Joint] by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-20)(Rovner, Philip) (Entered: 06/28/2023) (0) |
| Jun 27, 2023 | 100 | Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Request for Oral Argument - re 12 MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6). (Biggs, Brian) (Entered: 06/27/2023) (1) |
| Jun 27, 2023 | 101 | ORAL ORDER: The Court has reviewed Defendant's letter of June 27, 2023, D.I. 100. To the extent the Court has not already ruled on the papers submitted prior to the August 1, 2023 hearing, the Court will allocate an additional thirty (30) minutes (15 minutes per side) for oral argument on Defendant's Motion to Dismiss, D.I. 12, during the hearing on August 1, 2023. Ordered by Judge Gregory B. Williams on 6/27/2023. (etg) (Entered: 06/27/2023) (0) |
| Jun 23, 2023 | 99 | ORAL ORDER: Having reviewed the parties' Joint Claim Construction Brief (D.I. 96), IT IS HEREBY ORDERED that the Court will construe a maximum of ten (10) terms/term sets during the August 1, 2023 Claim Construction Hearing. The parties shall meet and confer and, no later than July 17, 2023, the parties shall file an Amended Joint Claim Construction Brief, which presents and addresses the ten (10) terms/term sets the parties selected for construction by the Court. Counsel is reminded to provide two (2) courtesy copies with hard tabs for any exhibits. IT IS FURTHER ORDERED THAT, for any term where a party's proposed construction is plain and ordinary meaning, or where the parties agree to a proposed construction of plain and ordinary meaning, the party or parties shall specify what the plain and ordinary meaning is in the Amended Joint Claim Construction Brief. IT IS FURTHER ORDERED THAT, having reviewed the parties' letter of June 21, 2023 (D.I. 95) requesting 90 minutes per side (for a total of 3 hours) for the Claim Construction Hearing on August 1, 2023, the Court will allocate three (3) hours (90 minutes per side) for the Claim Construction Hearing on August 1, 2023, at 10:00 a.m. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. ORDERED by Judge Gregory B. Williams on 6/23/23. (ntl) (Entered: 06/23/2023) (0) |
| Jun 21, 2023 | 94 | NOTICE of filing the following Non-Paper material(s) in multi media format: Cleveland Medical Devices Inc.'s Technology Tutorial and ResMed Inc.'s Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Philip A. Rovner on behalf of Cleveland Medical Devices Inc. (Rovner, Philip) (Entered: 06/21/2023) (2) |
| Jun 21, 2023 | 95 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding August 1, 2023 Claim Construction Hearing. (Rovner, Philip) (Entered: 06/21/2023) (1) |
| Jun 21, 2023 | 96 | JOINT CLAIM CONSTRUCTION BRIEF filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 06/21/2023) (30) |
| Jun 21, 2023 | 97 | [SEALED] Joint APPENDIX re 96 Joint Claim Construction Brief by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-20)(Rovner, Philip) (Entered: 06/21/2023) (0) |
| Jun 21, 2023 | 98 | MULTI MEDIA DOCUMENT filed by Cleveland Medical Devices Inc., ResMed Inc. in the form of a USB flash drive. Filing related to 94 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 06/22/2023) (0) |
| Jun 16, 2023 | 93 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Third Set of Requests for Production of Documents to Plaintiff Cleveland Medical Devices, Inc. (Nos. 66-67) filed by ResMed Inc..(Middleton, Matthew) (Entered: 06/16/2023) (2) |
| Jun 15, 2023 | 91 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Sur-Reply Claim Construction Brief filed by ResMed Inc..(Biggs, Brian) (Entered: 06/15/2023) (2) |
| Jun 15, 2023 | 92 | NOTICE OF SERVICE of Defendant ResMed Inc.'s First Supplemental Disclosure Statement filed by ResMed Inc..(Whitesell, Angela) (Entered: 06/15/2023) (2) |
| Jun 13, 2023 | 90 | REDACTED VERSION of 85 Letter, ResMed Inc.'s Letter Response to CleveMed's Motion to Compel by ResMed Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Biggs, Brian) (Entered: 06/13/2023) (0) |
| Jun 12, 2023 | 89 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Objections and Responses to Plaintiff Cleveland Medical Devices, Inc.'s Fourth Set of Interrogatories (No. 22) filed by ResMed Inc..(Whitesell, Angela) (Entered: 06/12/2023) (2) |
| Jun 8, 2023 | 88 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of 30(b)(6) Deposition of ResMed Inc. filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 06/08/2023) (2) |
| Jun 6, 2023 | 85 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Discovery Dispute Responsive Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Biggs, Brian) (Entered: 06/06/2023) (0) |
| Jun 6, 2023 | 86 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Third Set of Interrogatories Directed to Plaintiff Cleveland Medical Devices, Inc. (No. 18) filed by ResMed Inc..(Whitesell, Angela) (Entered: 06/06/2023) (2) |
| Jun 6, 2023 | 87 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding Opposition to Defendant ResMed Inc.'s Letter regarding Litigation Funding Discovery in Response to Interrogatory No. 15 - re 82 Letter. (Attachments: # 1 Exhibit 1-5)(Rovner, Philip) (Entered: 06/06/2023) (0) |
| Jun 1, 2023 | 84 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Reply Claim Construction Brief; Declaration of Carolyn M. DAmbrosio, MS, MD, in Support of Plaintiff's Reply Claim Construction Brief and Exhibit A; Reply Declaration of Roozbeh Jafari, Ph.D. in Support of Plaintiff's Reply Claim Construction Brief; and Reply Declaration of Lisa Kobialka in Support of Plaintiff's Reply Claim Construction Brief and Exhibit 1 filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 06/01/2023) (2) |
| May 31, 2023 | 82 | Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Opening Discovery Dispute Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Biggs, Brian) (Entered: 05/31/2023) (0) |
| May 31, 2023 | 83 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding further support of Motion to Compel Discovery Related to Defendant ResMed Inc.'s Invalidity Contentions and Asserted Defenses. (Attachments: # 1 Exhibit 1-11, # 2 Text of Proposed Order)(Rovner, Philip) (Entered: 05/31/2023) (0) |
| May 30, 2023 | 81 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Notice of Subpoena to Primasun LLC filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 05/30/2023) (2) |
| May 26, 2023 | 80 | NOTICE OF SERVICE of Defendant ResMed Inc.s Objections and Responses to Plaintiff Cleveland Medical Devices Inc.s Fifth Set of Requests for Production of Documents and Things (Nos. 97-99) filed by ResMed Inc..(Whitesell, Angela) (Entered: 05/26/2023) (2) |
| May 19, 2023 | 79 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 70), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Wednesday, May 31, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than 5:00 p.m. on Tuesday, June 6, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 5/19/23. (ntl) (Entered: 05/19/2023) (0) |
| May 11, 2023 | 78 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Fourth Set of Interrogatories to Defendant ResMed Inc. (No. 22) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 05/11/2023) (2) |
| May 10, 2023 | 76 | NOTICE of Change of Address by Brian A. Biggs (Biggs, Brian) (Entered: 05/10/2023) (2) |
| May 10, 2023 | 77 | NOTICE OF SERVICE of Defendant ResMed Inc's Answering Claim Construction Brief filed by ResMed Inc..(Biggs, Brian) (Entered: 05/10/2023) (2) |
| Apr 26, 2023 | 75 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Fifth Set of Requests for Production of Documents and Things to Defendant ResMed Inc. (Nos. 97-99) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 04/26/2023) (2) |
| Apr 25, 2023 | 73 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Response to Defendant ResMed Inc.'s Interrogatory No. 17; Plaintiff Cleveland Medical Devices Inc.'s Supplemental Responses to Defendant ResMed Inc.'s First Set of Interrogatories (Nos. 2, 6-7, 9-10, 12) [Highly Confidential - Attorneys' Eyes Only]; and Plaintiff Cleveland Medical Devices Inc.'s Supplemental Infringement Charts A-K filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 04/25/2023) (2) |
| Apr 25, 2023 | 74 | MOTION for Pro Hac Vice Appearance of Attorney Jennifer L. Gilbert - filed by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 04/25/2023) (2) |
| Apr 24, 2023 | 72 | NOTICE OF SERVICE of (1) ResMed's Second Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s Second Set of Interrogatories (Nos. 6-11); (2) ResMed's First Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s Third Set of Interrogatory (Nos. 12-21); and (3) ResMed's Second Supplemental Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s First Set of Interrogatories (Nos. 1-5) filed by ResMed Inc..(Whitesell, Angela) (Entered: 04/24/2023) (3) |
| Apr 20, 2023 | 71 | NOTICE of Withdrawal of April 6, 2023 Letter Request Regarding Claim Construction Briefing by Cleveland Medical Devices Inc. re 64 Letter (Rovner, Philip) (Entered: 04/20/2023) (1) |
| Apr 14, 2023 | 70 | Joint Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding request the scheduling of a discovery teleconference. (Rovner, Philip) (Entered: 04/14/2023) (2) |
| Apr 13, 2023 | 67 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Supplemental Objections and Responses to Defendant ResMed Inc.'s First Set of Interrogatories (No. 2) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 04/13/2023) (2) |
| Apr 13, 2023 | 68 | NOTICE OF SERVICE of Cleveland Medical Devices Inc.'s Opening Claim Construction Brief; Declaration of Dr. Roozbeh Jafari in Support of Plaintiff Cleveland Medical Devices Inc.'s Opening Claim Construction Brief (and Exhibit A); and Declaration of Lisa Kobialka in Support of Plaintiff Cleveland Medical Devices Inc.'s Opening Claim Construction Brief (and Exhibit 1) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 04/13/2023) (2) |
| Apr 13, 2023 | 69 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Objections and Responses to Plaintiff Cleveland Medical Devices Inc.'s Fourth Set of Requests for Production of Documents and Things (Nos. 92-96) filed by ResMed Inc..(Whitesell, Angela) (Entered: 04/13/2023) (3) |
| Apr 10, 2023 | 66 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Amended Initial Invalidity Contentions filed by ResMed Inc..(Biggs, Brian) (Entered: 04/10/2023) (2) |
| Apr 6, 2023 | 64 | Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding Claim Construction Terms. (Rovner, Philip) (Entered: 04/06/2023) (2) |
| Apr 6, 2023 | 65 | Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Claim Construction Dispute - re 64 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Biggs, Brian) (Entered: 04/06/2023) (0) |
| Apr 3, 2023 | 63 | RESPONSE to Motion re 61 MOTION for Reconsideration re 56 Order, filed by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1-2)(Rovner, Philip) (Entered: 04/03/2023) (0) |
| Mar 22, 2023 | 62 | CLAIM Construction Chart by Cleveland Medical Devices Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit A1-A7, # 4 Exhibit B1-B13, # 5 Exhibit B14-B36)(Rovner, Philip) (Entered: 03/22/2023) (0) |
| Mar 20, 2023 | 61 | MOTION for Reconsideration re 56 Order, - filed by ResMed Inc.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Biggs, Brian) (Entered: 03/20/2023) (0) |
| Mar 17, 2023 | 60 | NOTICE OF SERVICE of (1) Defendant Resmed Inc.s Objections and Responses to Plaintiff Cleveland Medical Devices Inc.s Third Set of Interrogatories (Nos. 12-21); 2. Defendant Resmed Inc.s Objections and Responses to Plaintiff Cleveland Medical Devices Inc.s Third Set of Requests for Production of Documents and Things (Nos. 58-91); and 3. Defendant Resmed Inc.s Objections and Responses to Plaintiff Cleveland Medical Devices Inc.s First Set of Requests for Admission (Nos. 1-7) filed by ResMed Inc..(Whitesell, Angela) (Entered: 03/17/2023) (3) |
| Mar 16, 2023 | 59 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Construction Proposals For Defendant's Proposed Terms filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 03/16/2023) (2) |
| Mar 15, 2023 | 58 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Construction Proposals for Plaintiff's Proposed Terms filed by ResMed Inc..(Middleton, Matthew) (Entered: 03/15/2023) (2) |
| Mar 14, 2023 | 57 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Fourth Set of Requests for Production of Documents and Things to Defendant ResMed Inc. (Nos. 92-96) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 03/14/2023) (2) |
| Mar 9, 2023 | 55 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Preliminary Proposed Claim Terms and Constructions filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 03/09/2023) (2) |
| Mar 9, 2023 | 56 | ORAL ORDER: The STIPULATION and [Proposed] Order to Modify Scheduling Order (D.I. 51) is denied. The parties' exchanges shall conform to the per-patent cap as set forth in the Scheduling Order (D.I. 40). ORDERED by Judge Gregory B. Williams on 3/9/23. (ntl) (Entered: 03/09/2023) (0) |
| Mar 8, 2023 | 54 | NOTICE OF SERVICE of Defendant ResMed Inc.'s Disclosure of Proposed Claim Terms for Construction filed by ResMed Inc..(Middleton, Matthew) (Entered: 03/08/2023) (2) |
| Mar 1, 2023 | 53 | Joint STATUS REPORT Interim Joint Status Report by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 03/01/2023) (2) |
| Feb 23, 2023 | 52 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Objections and Responses to Defendant ResMed Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 63-65) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 02/23/2023) (2) |
| Feb 17, 2023 | 51 | STIPULATION and [Proposed] Order to Modify Scheduling Order by ResMed Inc.. (Whitesell, Angela) (Entered: 02/17/2023) (3) |
| Feb 15, 2023 | 50 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s First Set of Requests for Admissions (Nos. 1-7); Third Set of Interrogatories (Nos. 12-21); and Third Set of Requests for Production of Documents and Things (Nos. 58-91) to Defendant ResMed Inc. filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 02/15/2023) (2) |
| Jan 23, 2023 | 49 | NOTICE OF SERVICE of Defendant's Second Set of Requests for Production of Documents to Plaintiff (Nos. 63-65) filed by ResMed Inc..(Whitesell, Angela) (Entered: 01/23/2023) (2) |
| Jan 10, 2023 | 48 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Initial Infringement Contentions and Initial Election of Asserted Claims filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 01/10/2023) (2) |
| Dec 29, 2022 | 47 | NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Objections and Responses to Defendant ResMed Inc.'s Second Set of Interrogatories (Nos. 15-17) filed by Cleveland Medical Devices Inc..(Choa, Jonathan) (Entered: 12/29/2022) (2) |
| Dec 2, 2022 | 46 | PROPOSED ORDER Stipulated [Proposed] Protective Order by Cleveland Medical Devices Inc.. (Rovner, Philip) (Entered: 12/02/2022) (29) |
| Nov 28, 2022 | 45 | NOTICE OF SERVICE of (1) Defendant ResMed Inc.'s Objections and Responses to Plaintiff Cleveland Medical Devices, Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 27-57); (2) Defendant ResMed Inc.'s Objections and Responses to Plaintiff Cleveland Medical Devices, Inc.'s Second Set of Interrogatories (Nos. 6-11) and (3) Defendant ResMed Inc.'s Second Set of Interrogatories Propounded on Plaintiff Clevemed Devices Inc. (Nos. 15-17) filed by ResMed Inc..(Whitesell, Angela) (Entered: 11/28/2022) (2) |
| Nov 15, 2022 | 43 | Proposed Order (29) Docket Text: PROPOSED ORDER Protective Order with competing provisions by Cleveland Medical Devices Inc.. (Rovner, Philip) |
| Nov 15, 2022 | 44 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 1) (30) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 2) (3) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 3) (7) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 4) (30) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 5) (26) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 6) (19) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 7) (6) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 15, 2022 | 44 | Letter (Exhibit 8) (4) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Defendant ResMed Inc.'s Response to Plaintiff's letter regarding protective order dispute - re [42] Letter. (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)(Biggs, Brian) |
| Nov 14, 2022 | 42 | Letter (4) Docket Text: Letter to the Honorable Gregory B. Williams from Philip A. Rovner regarding protective order dispute - re [39] Oral Order,,,,, Set Hearings,,,,. (Rovner, Philip) |
| Nov 10, 2022 | 41 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Identification of Accused Products, Damages Model and Patents Pursuant to Section 3(a) of the Scheduling Order filed by Cleveland Medical Devices Inc..(Rovner, Philip) |
| Nov 8, 2022 | N/A | Set/Reset Hearings (0) Docket Text: Set Hearings: A Markman Hearing is set for 8/1/2023 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams (per D.I. 40) (etg) |
| Nov 3, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that a thirty (30) minute discovery teleconference will be held on Friday, November 18, at 11:00 a.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. IT IS FURTHER ORDERED that, not later than Monday, November 14, 2022, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than Tuesday, November 15, 2022, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Not later than Tuesday, November 15, 2022, the parties shall jointly file a proposed protective order that contains both parties positions with respect to the disputed provisions therein. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Gregory B. Williams. (etg) |
| Nov 3, 2022 | 40 | Scheduling Order (18) Docket Text: SCHEDULING ORDER: Fact Discovery completed by 9/26/2023. Status Report due by 3/1/2023. Dispositive Motions due by 2/5/2024. Joint Claim Construction Brief due by 6/21/2023. A Final Pretrial Conference is set for 8/19/2024 at 03:00 PM in Courtroom 6B before Judge Gregory B. Williams. A 5-day Jury Trial is set for 8/26/2024 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Signed by Judge Gregory B. Williams on 11/3/2022. (etg) |
| Nov 2, 2022 | 38 | Proposed Order (18) Docket Text: PROPOSED ORDER [Proposed] Scheduling Order by Cleveland Medical Devices Inc.. (Rovner, Philip) |
| Nov 1, 2022 | 37 | Letter (1) Docket Text: Letter to The Honorable Gregory B. Williams from Philip A. Rovner regarding protective order. (Rovner, Philip) |
| Oct 28, 2022 | 36 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Second Set of Interrogatories to Defendant ResMed Inc. (Nos. 6-11); and Plaintiff Cleveland Medical Devices Inc.'s Second Set of Requests for Production of Documents and Things to Defendant ResMed Inc. (Nos. 27-57) filed by Cleveland Medical Devices Inc..(Rovner, Philip) |
| Oct 26, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [35] STIPULATION and [Proposed] Order for Extension of Time to file a Proposed Protective Order filed by ResMed Inc. Signed by Judge Gregory B. Williams on 10/26/22. (ntl) |
| Oct 25, 2022 | 35 | Stipulation (1) Docket Text: STIPULATION and [Proposed] Order for Extension of Time to file a Proposed Protective Order by ResMed Inc.. (Whitesell, Angela) |
| Oct 20, 2022 | 33 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant ResMed Inc.'s Initial Disclosures filed by ResMed Inc..(Biggs, Brian) |
| Oct 20, 2022 | 34 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI"); and Plaintiff Cleveland Medical Devices Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Cleveland Medical Devices Inc..(Rovner, Philip) |
| Oct 7, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Sean C. Cunningham for ResMed 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. (apk) |
| Oct 7, 2022 | 32 | Proposed Order (17) Docket Text: PROPOSED ORDER [Proposed] Scheduling Order [Patent, Non-ANDA] by Cleveland Medical Devices Inc.. (Rovner, Philip) |
| Oct 6, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Gregory B. Williams - Telephone Conference held on 10/6/2022. (Court Reporter M. Rolfe.) (ntl) |
| Oct 3, 2022 | 31 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s Objections and Responses to Defendant ResMed Inc.'s First Set of Interrogatories (Nos. 1-14); and Plaintiff Cleveland Medical Devices Inc.'s Objections and Responses to Defendant ResMed Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-62) filed by Cleveland Medical Devices Inc..(Rovner, Philip) |
| Sep 30, 2022 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that a scheduling teleconference has been set for October 6, 2022 at 10:00 a.m. Counsel for Plaintiff shall initiate the teleconference and shall provide Chambers with the call-in information by email to gbw_civil@ded.uscourts.gov. ORDERED by Judge Gregory B. Williams on 9/30/22. (ntl) |
| Sep 28, 2022 | 29 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendant Resmed Inc.s Objections and Responses to Plaintiff Cleveland Medical Devices Inc.s First Set of Requests for Production of Documents and Things (Nos. 1-26; and (2) Defendant Resmed Inc.s Objections and Responses to Plaintiff Cleveland Medical Devices Inc.s First Set of Interrogatories (Nos. 1-5) filed by ResMed Inc..(Whitesell, Angela) |
| Sep 26, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney David R. Knudson for ResMed 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. (mpb) |
| Sep 26, 2022 | 28 | Proposed Order (19) Docket Text: PROPOSED ORDER SCHEDULING ORDER [PATENT, NON-ANDA] by Cleveland Medical Devices Inc.. (Rovner, Philip) |
| Sep 19, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Lisa Kobialka for Cleveland Medical Devices 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. (mkr) |
| Sep 13, 2022 | N/A | Case No Longer Referred (0) Docket Text: Case no longer referred to Judge Christopher J. Burke. (ntl) |
| Sep 13, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that this matter is no longer referred to Magistrate Judge Burke. This matter has been reassigned to Judge Gregory B. Williams. ORDERED by Judge Gregory B. Williams on 9/13/22. (ntl) |
| Sep 13, 2022 | 27 | Letter (1) Docket Text: Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Request for Oral Argument - re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6). (Biggs, Brian) |
| Sep 8, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) |
| Sep 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [22] MOTION for Pro Hac Vice Appearance of Attorney Sean C. Cunningham; David R. Knudson, Tiffany C. Miller and Nancy C. Braman filed by ResMed Inc. Ordered by Judge Christopher J. Burke on 9/7/2022. (dlb) |
| Sep 6, 2022 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendant Resmed Inc.'s First Set of Requests for Production of Documents to Plaintiff Cleveland Medical Devices, Inc. (Nos. 1-62) and (2) Defendant Resmed Inc.'s First Set of Interrogatories ProPounded on Plaintiff Cleveland Medical Devices, Inc. (Nos. 1-14) filed by ResMed Inc..(Whitesell, Angela) |
| Sep 6, 2022 | 25 | Reply Brief (Main Document) (15) Docket Text: REPLY BRIEF re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Reply Brief in Support of Defendant Resmed Inc.'s Motion to Dismiss Plaintiff's Complaint filed by ResMed Inc.. (Attachments: # (1) Exhibit D)(Biggs, Brian) |
| Sep 6, 2022 | 25 | Reply Brief (Exhibit D) (7) Docket Text: REPLY BRIEF re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Reply Brief in Support of Defendant Resmed Inc.'s Motion to Dismiss Plaintiff's Complaint filed by ResMed Inc.. (Attachments: # (1) Exhibit D)(Biggs, Brian) |
| Aug 29, 2022 | 20 | Answering Brief in Opposition (26) Docket Text: ANSWERING BRIEF in Opposition re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Cleveland Medical Devices Inc..Reply Brief due date per Local Rules is 9/6/2022. (Rovner, Philip) |
| Aug 29, 2022 | 21 | Declaration (Main Document) (2) Docket Text: DECLARATION re [20] Answering Brief in Opposition, Declaration of Benu Wells by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-3)(Rovner, Philip) |
| Aug 29, 2022 | 21 | Declaration (Exhibit 1-3) (30) Docket Text: DECLARATION re [20] Answering Brief in Opposition, Declaration of Benu Wells by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-3)(Rovner, Philip) |
| Aug 29, 2022 | 22 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Sean C. Cunningham; David R. Knudson, Tiffany C. Miller and Nancy C. Braman - filed by ResMed Inc.. (Whitesell, Angela) |
| Aug 29, 2022 | 23 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Cleveland Medical Devices Inc.'s First Set of Interrogatories to Defendant ResMed Inc. (Nos. 1-5); and Plaintiff Cleveland Medical Devices Inc.'s First Set of Requests for Production of Documents and Things to Defendant ResMed Inc. (Nos. 1-26) filed by Cleveland Medical Devices Inc..(Rovner, Philip) |
| Aug 26, 2022 | 19 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ResMed Inc.. (Whitesell, Angela) |
| Aug 22, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [18] MOTION for Pro Hac Vice Appearance of Attorney Benu Wells filed by Cleveland Medical Devices Inc. Ordered by Judge Christopher J. Burke on 8/22/2022. (dlb) |
| Aug 22, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Wells Benu for Cleveland Medical Devices 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. (mpb) |
| Aug 19, 2022 | 18 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benu Wells - filed by Cleveland Medical Devices Inc.. (Rovner, Philip) |
| Aug 17, 2022 | 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/ded/files/forms/StandingOrder2017.pdf (dlb) |
| Aug 17, 2022 | N/A | Remark (0) Docket Text: Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: CJB Standing Order re Copies (dlb) |
| Aug 17, 2022 | 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). At the time called for by Standing Order No. 2022-VAC-1, 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"; 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. The proposed Scheduling Order shall not contain dates for motions hearings or for a pretrial conference or trial. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Scheduling Order can be found on Judge Burke's portion of the District Court's website. Ordered by Judge Christopher J. Burke on 8/17/2022. (dlb) |
| Aug 17, 2022 | 17 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Angela Whitesell on behalf of ResMed Inc. (Whitesell, Angela) |
| Aug 16, 2022 | 14 | VAC - Magistrate Non-consent - completed by the parties (1) Docket Text: VAC Magistrate Non-Consent completed by the parties filed by Cleveland Medical Devices Inc.. (Rovner, Philip) |
| Aug 16, 2022 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Christopher J. Burke solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 8/16/2022. (etg) |
| Aug 15, 2022 | 12 | Motion to Dismiss for Failure to State a Claim (Main Document) (2) Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) - filed by ResMed Inc.. (Attachments: # (1) Text of Proposed Order)(Biggs, Brian) |
| Aug 15, 2022 | 12 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) - filed by ResMed Inc.. (Attachments: # (1) Text of Proposed Order)(Biggs, Brian) |
| Aug 15, 2022 | 13 | Opening Brief in Support (Main Document) (26) Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by ResMed Inc..Answering Brief/Response due date per Local Rules is 8/29/2022. (Attachments: # (1) Exhibit A, # (2) Exhibit B Part 1, # (3) Exhibit B Part 2, # (4) Exhibit C)(Biggs, Brian) |
| Aug 15, 2022 | 13 | Opening Brief in Support (Exhibit A) (30) Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by ResMed Inc..Answering Brief/Response due date per Local Rules is 8/29/2022. (Attachments: # (1) Exhibit A, # (2) Exhibit B Part 1, # (3) Exhibit B Part 2, # (4) Exhibit C)(Biggs, Brian) |
| Aug 15, 2022 | 13 | Opening Brief in Support (Exhibit B Part 1) (30) Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by ResMed Inc..Answering Brief/Response due date per Local Rules is 8/29/2022. (Attachments: # (1) Exhibit A, # (2) Exhibit B Part 1, # (3) Exhibit B Part 2, # (4) Exhibit C)(Biggs, Brian) |
| Aug 15, 2022 | 13 | Opening Brief in Support (Exhibit B Part 2) (30) Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by ResMed Inc..Answering Brief/Response due date per Local Rules is 8/29/2022. (Attachments: # (1) Exhibit A, # (2) Exhibit B Part 1, # (3) Exhibit B Part 2, # (4) Exhibit C)(Biggs, Brian) |
| Aug 15, 2022 | 13 | Opening Brief in Support (Exhibit C) (10) Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Defendant Resmed Inc.'s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by ResMed Inc..Answering Brief/Response due date per Local Rules is 8/29/2022. (Attachments: # (1) Exhibit A, # (2) Exhibit B Part 1, # (3) Exhibit B Part 2, # (4) Exhibit C)(Biggs, Brian) |
| Aug 8, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [11] STIPULATION and [Proposed] Order for Extension of Time to Answer, Move, or Otherwise Respond to the Complaint re [1] Complaint, by ResMed Inc. Reset Answer Deadlines: ResMed Inc. answer due 8/15/2022. Signed by Judge Richard G. Andrews on 8/8/2022. (etg) |
| Aug 5, 2022 | 11 | Stipulation (1) Docket Text: STIPULATION and [Proposed] Order for Extension of Time to Answer, Move, or Otherwise Respond to the Complaint re [1] Complaint, by ResMed Inc.. (Whitesell, Angela) |
| Jul 27, 2022 | 10 | Notice of Change of Address (1) Docket Text: NOTICE of Change of Address by Philip A. Rovner (Rovner, Philip) |
| Jun 30, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney James R. Hannah and Timothy Layden for Cleveland Medical Devices 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. (mpb) |
| Jun 29, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [9] STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to August 8, 2022 (Set/Reset Answer Deadlines: ResMed Inc. answer due 8/8/2022). ORDERED by Judge Maryellen Noreika on 6/29/2022. (dlw) |
| Jun 28, 2022 | 9 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to August 8, 2022 - filed by ResMed Inc.. (Biggs, Brian) |
| Jun 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [8] MOTION for Pro Hac Vice Appearance of Attorney Paul J. Andre, Lisa Kobialka, James Hannah, Timothy Layden and Sabah Khokhar filed by Cleveland Medical Devices Inc. ORDERED by Judge Richard G. Andrews on 6/24/22. (ntl) |
| Jun 24, 2022 | 8 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Paul J. Andre, Lisa Kobialka, James Hannah, Timothy Layden and Sabah Khokhar - filed by Cleveland Medical Devices Inc.. (Rovner, Philip) |
| Jun 22, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (rjb) |
| Jun 22, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-VAC-1 (March 9, 2022), which are found on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that the parties shall file the "Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge," being docketed along with the instant order, no later than sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 6/22/2022. (ntl) |
| Jun 22, 2022 | 7 | VAC Notice, Consent, Non-Consent, Magistrate Referral (1) Docket Text: VAC Notice, Consent, Non-Consent, Magistrate Referral (ntl) |
| Jun 21, 2022 | 5 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Cleveland Medical Devices Inc.. ResMed Inc. served on 6/17/2022, answer due 7/8/2022. (Rovner, Philip) |
| Jun 16, 2022 | 1 | Complaint* (1) |
| Jun 16, 2022 | N/A | No Summons Issued (0) Docket Text: No Summons Issued. (apk) |
| Jun 16, 2022 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 1 | Complaint (Exhibit 1-24) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 1 | Complaint (Exhibit 25-28) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 1 | Complaint (Exhibit 29-34) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 1 | Complaint (Exhibit 35) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 1 | Complaint (Exhibit 36-53) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 1 | Complaint (Exhibit 54-60) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ResMed Inc. ( Filing fee $ 402, receipt number ADEDC-3897430.) - filed by Cleveland Medical Devices Inc.. (Attachments: # (1) Exhibit 1-24, # (2) Exhibit 25-28, # (3) Exhibit 29-34, # (4) Exhibit 35, # (5) Exhibit 36-53, # (6) Exhibit 54-60, # (7) Civil Cover Sheet)(apk) |
| Jun 16, 2022 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Jun 16, 2022 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s)(SEE ATTACHED PATENT REPORT) (apk) |
| Jun 16, 2022 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Cleveland Medical Devices Inc. (apk) |
