Case number 2021-1601
Ethicon LLC v. Intuitive Surgical, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 28, 2022 | 59 | Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [857840] [MVH] [Entered: 06/28/2022 11:59 AM] (1) |
| May 22, 2022 | 0 | ETHICON LLC v. INTUITIVE SURGICAL, INC. [OPINION] [nonprecedential] (0) |
| May 19, 2022 | 58 | JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [850624] [MVH] [Entered: 05/19/2022 09:32 AM] (1) |
| May 19, 2022 | 57 | OPINION filed for the court by Newman, Circuit Judge; Clevenger, Circuit Judge and Stoll, Circuit Judge. Newman, Circuit Judge, dissents without opinion. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [850623] [MVH] [Entered: 05/19/2022 09:31 AM] (15) |
| Mar 7, 2022 | 56 | Submitted after ORAL ARGUMENT to Panel: Newman, Circuit Judge; Clevenger, Circuit Judge and Stoll, Circuit Judge.Arguing counsel: Adam Banks for Cilag GmbH International and Ethicon LLC and Steven Katz for Intuitive Surgical, Inc..Oral Argument Audio available here. [835153] [MJL] [Entered: 03/07/2022 11:57 AM] (0) |
| Mar 4, 2022 | 55 | Letter from Appellants Ethicon LLC and Cilag GmbH International Letter to Court re Acknowledgment of Requirements to Appear In-Person at Oral Arguments. Service: 03/04/2022 by email. [834914] [21-1601] [Adam Banks] [Entered: 03/04/2022 11:47 AM] (1) |
| Mar 4, 2022 | 54 | Letter from Appellee Intuitive Surgical, Inc. to acknowledge the requirements for in-person appearance for oral argument. Service: 03/03/2022 by email. [834865] [21-1601] [Steven Katz] [Entered: 03/04/2022 10:38 AM] (1) |
| Mar 2, 2022 | 53 | IMPORTANT NOTE to counsel scheduled to argue in-person at the Federal Circuit in March 2022: Arguing counsel and any accompanying individual will be required to (1) show proof of vaccination, (2) show proof of a negative PCR COVID-19 test taken within the past 72 hours, and (3) wear an approved mask. See Revised Protocols for In-Person Argument. No later than 12:00 p.m. (Eastern) on Friday, March 4, 2022, in-person arguing counsel must file either a letter acknowledging these requirements or an amended Certification of Compliance with Revised Protocols for In-Person Argument electing to appear remotely instead. Failure to timely file or failure to adhere to these protocols when entering the building may result in the inability to appear in person. [834345] [MVH] [Entered: 03/02/2022 01:15 PM] (0) |
| Feb 4, 2022 | 52 | Response to notice of oral argument from Appellants Ethicon LLC and Cilag GmbH International. Service: 02/04/2022 by email. [829056] [21-1601] [Adam Banks] [Entered: 02/04/2022 11:55 AM] (3) |
| Feb 3, 2022 | 51 | Corrected Response to notice of oral argument from Appellee Intuitive Surgical, Inc.. Service: 02/03/2022 by email. [828940] [21-1601] [Steven Katz] [Entered: 02/03/2022 04:36 PM] (3) |
| Feb 3, 2022 | 50 | Response to notice of oral argument from Appellee Intuitive Surgical, Inc.. Service: 02/03/2022 by email. [828939] [21-1601] [Steven Katz] [Entered: 02/03/2022 04:30 PM] (1) |
| Jan 21, 2022 | 49 | NOTICE OF ORAL ARGUMENT. Panel: 2203B. Case scheduled March 7, 2022. Response to Notice of Oral Argument due: 02/04/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [826037] [JCP] [Entered: 01/21/2022 02:23 PM] (2) |
| Jan 10, 2022 | 48 | **TEXT ONLY** ORDER granting motion to withdraw attorney Brian E. Ferguson [47] filed by Appellants Cilag GmbH International and Ethicon LLC. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [823518] [EKD] [Entered: 01/10/2022 01:16 PM] (0) |
| Jan 10, 2022 | 47 | MOTION of Appellants Cilag GmbH International and Ethicon LLC to withdraw counsel Brian E. Ferguson. Service: 01/10/2022 by email. [823501] [21-1601] [Adam Banks] [Entered: 01/10/2022 01:08 PM] (5) |
| Dec 8, 2021 | 46 | Notice from Appellee Intuitive Surgical, Inc. regarding conflicts with oral argument. None. Service: 12/08/2021 by email. [817150] [21-1601] [Steven Katz] [Entered: 12/08/2021 02:08 PM] (0) |
| Dec 8, 2021 | 45 | Notice from Appellants Ethicon LLC and Cilag GmbH International regarding conflicts with oral argument. None. Service: 12/08/2021 by email. [817126] [21-1601] [Adam Banks] [Entered: 12/08/2021 12:50 PM] (0) |
| Dec 6, 2021 | 44 | 6 paper copies of Doc. No. [37], [36], [20] received from Appellants Cilag GmbH International and Ethicon LLC. [816998] [VDW] [Entered: 12/08/2021 08:26 AM] (0) |
| Dec 3, 2021 | 43 | 6 paper copies of Doc. No. [29] received from Appellee Intuitive Surgical, Inc.. [816156] [VDW] [Entered: 12/03/2021 01:39 PM] (0) |
| Dec 1, 2021 | 42 | Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [815696] [EKD] [Entered: 12/01/2021 03:53 PM] (1) |
| Dec 1, 2021 | 41 | Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [815695] [EKD] [Entered: 12/01/2021 03:53 PM] (0) |
| Nov 30, 2021 | 40 | Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Ethicon LLC, Cilag GmbH International and Appellee Intuitive Surgical, Inc.. Service: 11/30/2021 by email. [815461] [21-1601] [Adam Banks] [Entered: 11/30/2021 07:39 PM] (6) |
| Nov 30, 2021 | 39 | Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Ethicon LLC and Cilag GmbH International. Service: 11/30/2021 by email. [815459] [21-1601] [Adam Banks] [Entered: 11/30/2021 07:37 PM] (5) |
| Nov 30, 2021 | 38 | MODIFIED ENTRY: APPENDIX FILED by Appellants Cilag GmbH International, Ethicon LLC and Appellee Intuitive Surgical, Inc. Service: 11/30/2021 by email. [815458] --[Edited 12/01/2021 by EKD - compliance review complete] [Adam Banks] [Entered: 11/30/2021 07:31 PM] (706) |
| Nov 30, 2021 | 37 | MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellants Cilag GmbH International, Ethicon LLC and Appellee Intuitive Surgical, Inc. Service: 11/30/2021 by email. [815457]--[Edited 12/01/2021 by EKD - compliance review complete] [Adam Banks] [Entered: 11/30/2021 07:27 PM] (0) |
| Nov 23, 2021 | 36 | MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Cilag GmbH International and Ethicon LLC. Service: 11/23/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [814617] --[Edited 11/24/2021 by EKD - compliance review complete] [Adam Banks] [Entered: 11/23/2021 05:54 PM] (38) |
| Oct 26, 2021 | 35 | Corrected Entry of appearance for Priyata Patel as counsel for Appellants Ethicon LLC and Cilag GmbH International. Service: 10/26/2021 by email. [808232] [21-1601] [Priyata Patel] [Entered: 10/26/2021 12:39 PM] (1) |
| Oct 26, 2021 | 34 | NOTICE OF NON-COMPLIANCE: The submission of Appellants Cilag GmbH International and Ethicon LLC, Entry of Appearance [33], is not in compliance with the rules of this court (see attached). Compliant document is due on 11/02/2021. Service as of this date by the Clerk of Court. [808211] [EKD] [Entered: 10/26/2021 11:34 AM] (1) |
| Oct 25, 2021 | 33 | Entry of appearance for Priyata Patel as counsel for Appellants Ethicon LLC and Cilag GmbH International. Service: 10/25/2021 by email. [808075] [21-1601] This document is non-compliant. See Doc No. [34] [Priyata Patel] [Entered: 10/25/2021 04:57 PM] (1) |
| Oct 21, 2021 | 32 | **TEXT ONLY** ORDER granting motion to withdraw attorney Christopher T. Marando [30] filed by Appellants Cilag GmbH International and Ethicon LLC; granting motion to extend time to file brief [31] filed by Appellants Cilag GmbH International and Ethicon LLC. The reply brief is due 11/23/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [807187] [EKD] [Entered: 10/21/2021 09:20 AM] (0) |
| Oct 20, 2021 | 30 | MOTION of Appellants Cilag GmbH International and Ethicon LLC to withdraw counsel Christopher T. Marando. Service: 10/20/2021 by email. [807130] [21-1601] [Adam Banks] [Entered: 10/20/2021 05:05 PM] (5) |
| Oct 20, 2021 | 31 | MOTION of Appellants Cilag GmbH International and Ethicon LLC to extend the time to 11/23/2021 to file brief. Service: 10/20/2021 by email. [807132] [21-1601] [Adam Banks] [Entered: 10/20/2021 05:09 PM] (10) |
| Oct 15, 2021 | 29 | MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED by Appellee Intuitive Surgical, Inc. Service: 10/15/2021 by email. [806030] --[Edited 10/15/2021 by EKD - compliance review complete] [Steven Katz] [Entered: 10/15/2021 01:18 PM] (71) |
| Oct 13, 2021 | 28 | NOTICE OF NON-COMPLIANCE: The submission of Appellee Intuitive Surgical, Inc., Response Brief [27], is not in compliance with the rules of this court (see attached). Compliant document is due on 10/20/2021. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [805403] [EKD] [Entered: 10/13/2021 03:17 PM] (1) |
| Oct 12, 2021 | 27 | RESPONSE BRIEF FILED by Appellee Intuitive Surgical, Inc. Service: 10/12/2021 by email. [805054] [21-1601] This document is non-compliant. See Doc No. [28] [Steven Katz] [Entered: 10/12/2021 03:36 PM] (69) |
| Sep 21, 2021 | 26 | **TEXT ONLY** ORDER granting motion to extend time to file brief [25] filed by Appellee Intuitive Surgical, Inc. The response brief is due 10/12/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [800660] [EKD] [Entered: 09/21/2021 08:42 AM] (0) |
| Sep 20, 2021 | 25 | MOTION of Appellee Intuitive Surgical, Inc. to extend the time to 10/12/2021 to file brief. Service: 09/20/2021 by email. [800621] [21-1601] [Steven Katz] [Entered: 09/20/2021 05:07 PM] (6) |
| Aug 16, 2021 | 24 | ORDER filed. The stay is lifted. Appellee’s response brief is due 09/27/2021. The Clerk of Court shall transmit a copy of this order to the merits panel assigned to this case. (Per Curiam). Service as of this date by the Clerk of Court. [792983] [NL] [Entered: 08/16/2021 04:34 PM] (2) |
| Jul 21, 2021 | 23 | Letter from Director, U.S. Patent and Trademark Office Declining to Intervene in the Case. Service: 07/21/2021 by email. [787577] [21-1601] [Farheena Rasheed] [Entered: 07/21/2021 11:43 AM] (3) |
| Jul 7, 2021 | 22 | RESPONSE of Appellants Cilag GmbH International and Ethicon LLC to Doc No. [19], [19], [19]. Service: 07/07/2021 by email. [784650] [21-1601] [Adam Banks] [Entered: 07/07/2021 05:28 PM] (7) |
| Jun 23, 2021 | 21 | MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants Cilag GmbH International and Ethicon LLC. Service: 06/23/2021 by email. [782199] --[Edited 06/25/2021 by EKD - compliance review complete] [Adam Banks] [Entered: 06/23/2021 06:40 PM] (173) |
| Jun 23, 2021 | 20 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellants Cilag GmbH International and Ethicon LLC. Service: 06/23/2021 by email. [782198]--[Edited 06/25/2021 by EKD - compliance review complete] [Adam Banks] [Entered: 06/23/2021 06:38 PM] (0) |
| Jun 23, 2021 | 19 | ORDER filed. Within 14 days from the date of this order, the parties that raised an Appointments Clause challenge shall file a brief, not to exceed 10 pages double-spaced, explaining how they believe their cases should proceed in light of Arthrex. Responses from the other parties, including the United States Patent and Trademark Office, subject to the same length restrictions, are due within 14 days thereafter. All deadlines and proceedings are stayed. Service as of this date by the Clerk of Court. [782118] [21-1166, 21-1229, 21-1438, 21-1439, 21-1473, 21-1561, 21-1601, 21-1603, 21-1605, 21-1606, 21-1607, 21-1612, 21-1826, 21-1827, 21-1828] [MJL] [Entered: 06/23/2021 05:34 PM] (2) |
| Jun 22, 2021 | 18 | ORDER Notice of Appellants' constitutional challenge [16] is hereby certified to the Attorney General. No later than 30 days from the date of filing of this order, the Attorney General is directed to inform this court whether the United States intends to intervene in this appeal. The briefing schedule is stayed. Service as of this date by the Clerk of Court. [781631] [LMS] [Entered: 06/22/2021 09:46 AM] (2) |
| Jun 17, 2021 | 17 | NOTICE OF NON-COMPLIANCE: The submissions of Appellants Cilag GmbH International and Ethicon LLC, Confidential and Non-Confidential Opening Briefs [14], [15], are not in compliance with the rules of this court (see attached). Compliant documents are due on 06/24/2021. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [781069] [EKD] [Entered: 06/17/2021 04:39 PM] (2) |
| Jun 16, 2021 | 16 | NOTICE OF CONSTITUTIONAL QUESTION PURSUANT TO FEDERAL RULE OF APPELLATE PROCEDURE 44(a) for Appellants Cilag GmbH International and Ethicon LLC. Service: 06/16/2021 by email. [780832] [21-1601] [Adam Banks] [Entered: 06/16/2021 08:36 PM] (5) |
| Jun 16, 2021 | 15 | OPENING BRIEF FILED by Appellants Ethicon LLC and Cilag GmbH International. Service: 06/16/2021 by email. [780831] [21-1601] This document is non-compliant. See Doc No. [17] [Adam Banks] [Entered: 06/16/2021 08:33 PM] (173) |
| Jun 16, 2021 | 14 | CONFIDENTIAL OPENING BRIEF FILED by Appellants Ethicon LLC and Cilag GmbH International. Service: 06/16/2021 by email. [780830] [21-1601] This document is non-compliant. See Doc No. [17] [Adam Banks] [Entered: 06/16/2021 08:32 PM] (0) |
| Jun 16, 2021 | 13 | Amended Certificate of Interest for Appellants Cilag GmbH International and Ethicon LLC. Service: 06/16/2021 by email. [780799] [21-1601] [Adam Banks] [Entered: 06/16/2021 05:06 PM] (3) |
| Jun 16, 2021 | 12 | Amended Entry of appearance for Adam B. Banks; Anish R. Desai; Elizabeth S. Weiswasser; Brian E. Ferguson; Christopher M. Pepe; Audra Sawyer; Stephanie Adamakos; Christopher Marando as counsel for Appellants Cilag GmbH International and Ethicon LLC. Service: 06/16/2021 by email. [780798] [21-1601] [Adam Banks] [Entered: 06/16/2021 05:05 PM] (3) |
| May 17, 2021 | 11 | ORDER filed granting motion for other relief [9] filed by Appellant Ethicon LLC.; The revised official caption is reflected in this order. Appellants' brief is due no later than 30 days from the date of filing of this order. Service as of this date by the Clerk of Court. [775416] [LMS] [Entered: 05/17/2021 02:27 PM] (2) |
| May 6, 2021 | 10 | ORDER staying the briefing schedule pending the court's consideration of the motion. Service as of this date by the Clerk of Court. [773485] [LMS] [Entered: 05/06/2021 03:42 PM] (2) |
| Apr 20, 2021 | 9 | MOTION of Appellant Ethicon LLC for Joinder. Service: 04/20/2021 by email. [770085] [21-1601] [Anish Desai] [Entered: 04/20/2021 07:22 PM] (8) |
| Mar 11, 2021 | 8 | Certified list received. Service: 03/10/2021 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [761672] [EKD] [Entered: 03/11/2021 03:18 PM] (0) |
| Feb 11, 2021 | 7 | Docketing Statement for the Appellant Ethicon LLC. Service: 02/11/2021 by email. [755435] [21-1601] [Adam Banks] [Entered: 02/11/2021 12:58 PM] (0) |
| Feb 11, 2021 | 6 | Certificate of Interest for Appellant Ethicon LLC. Service: 02/11/2021 by email. [755431] [21-1601] [Adam Banks] [Entered: 02/11/2021 12:55 PM] (0) |
| Feb 11, 2021 | 5 | Entry of appearance for Adam B. Banks; Anish R. Desai; Elizabeth S. Weiswasser; Brian E. Ferguson; Christopher M. Pepe; Audra Sawyer; Stephanie Adamakos; Christopher Marando as counsel for Appellant Ethicon LLC. Service: 02/11/2021 by email. [755430] [21-1601] [Adam Banks] [Entered: 02/11/2021 12:53 PM] (0) |
| Feb 10, 2021 | 4 | Docketing Statement for the Appellee Intuitive Surgical, Inc.. Service: 02/10/2021 by email. [755123] [21-1601] [Steven Katz] [Entered: 02/10/2021 01:22 PM] (0) |
| Feb 10, 2021 | 3 | Certificate of Interest for Appellee Intuitive Surgical, Inc.. Service: 02/10/2021 by email. [755122] [21-1601] [Steven Katz] [Entered: 02/10/2021 01:22 PM] (0) |
| Feb 10, 2021 | 2 | Entry of appearance for Steven R. Katz; John C. Phillips; Ryan P. O'Connor as counsel for Appellee Intuitive Surgical, Inc.. Service: 02/10/2021 by email. [755120] [21-1601] [Steven Katz] [Entered: 02/10/2021 01:21 PM] (0) |
| Jan 29, 2021 | 1 | Appeal docketed. Received: 01/27/2021. [752572] Entry of Appearance is due on 02/12/2021. Certificate of Interest is due on 02/12/2021. Docketing Statement is due on 02/12/2021. Certified List is due on 03/10/2021. [EKD] [Entered: 01/29/2021 09:24 AM] (0) |
