Case number 8:18-cv-01265
Fulfillium, Inc. v. ReShape Medical LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 30, 2019 | 260 | TRANSCRIPT for proceedings held on 9/6/2019. Court Reporter/Electronic Court Recorder: Marea Woolrich, phone number mareawoolrich@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/20/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/28/2020. (mwo) (Entered: 10/30/2019) (13) |
| Oct 30, 2019 | 261 | NOTICE OF FILING TRANSCRIPT filed for proceedings 9/6/2019 re Transcript 260 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mwo) TEXT ONLY ENTRY (Entered: 10/30/2019) (0) |
| Oct 8, 2019 | 259 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing). (Attachments: # 1 Stipulation of Dismissal Pursuant to FRCP 41(a)(1)(A)(ii)) (jp) (Entered: 10/08/2019) (0) |
| Sep 30, 2019 | 258 | STIPULATION to Dismiss Case Fulfillium, Inc..(Alciati, W) (Entered: 09/30/2019) (3) |
| Sep 18, 2019 | 257 | TRANSCRIPT ORDER Fulfillium, Inc. for Court Reporter. Court will contact Cook Alciati at calciati@gardellagrace.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Alciati, W) (Entered: 09/18/2019) (1) |
| Sep 6, 2019 | 255 | TRANSCRIPT ORDER as to Defendants ReShape LifeSciences, Inc., ReShape Medical LLC for Court Reporter. Court will contact Jen Curti at jcurti@foxrothschild.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Nath, Archana) (Entered: 09/06/2019) (1) |
| Sep 6, 2019 | 256 | MINUTES OF Settlement Conference held before Judge S. James Otero:The case settles and the terms of the settlement are placed on the record. The Court continues the Pretrial Conference before Judge Klausner From September 9, 2019 to October 7, 2019 at 9:00 a.m. The Jury Trial is continued from September24, 2019 to October 15, 2019 at 9:00 a.m. If the parties file the appropriate dismissal pursuant to F.R.C.P. 41 prior to the hearing dates, the hearing dates will be vacated. Court Reporter: Marea Woolrich. (lc) (Entered: 09/09/2019) (1) |
| Sep 5, 2019 | 254 | MINUTES OF Settlement Conference held before Judge S. James Otero :The Court and counsel confer then resume settlement talks in chambers. Case did not settle. Matter continued for further settlement conference on Friday, September 6, 2019 9:00 a.m. Court Reporter: Debbie Hino Spaan. (lc) (Entered: 09/06/2019) (1) |
| Sep 4, 2019 | 252 | STATEMENT - Defendants' Short Narrative Statements Regarding Expert Witness Qualifications and Testimony (Nath, Archana) (Entered: 09/04/2019) (5) |
| Sep 4, 2019 | 253 | STATEMENT Plaintiff's Short Narrative Statements Regarding Expert Witness Qualifications and Testimony filed by Plaintiff Fulfillium, Inc. (Alciati, W) (Entered: 09/04/2019) (8) |
| Aug 30, 2019 | 237 | Notice of Withdrawal of Motion In Limine to Bifurcate, 206 filed by Defendants (jointly with Plaintiff) ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/30/2019) (3) |
| Aug 30, 2019 | 238 | Proposed Voir Dire Questions filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC.. (Nath, Archana) (Entered: 08/30/2019) (7) |
| Aug 30, 2019 | 239 | Proposed Voir Dire Questions Fulfillium, Inc... (Alciati, W) (Entered: 08/30/2019) (3) |
| Aug 30, 2019 | 240 | MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude Dr. David Blackburn and Certain of His Opinions - Redacted 201 filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 08/30/2019) (26) |
| Aug 30, 2019 | 241 | MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Dr. Sunil Bhoyrul and Certain of His Opinions 202 filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 08/30/2019) (12) |
| Aug 30, 2019 | 242 | MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Exclude Trade Secret Evidence 203 filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 08/30/2019) (6) |
| Aug 30, 2019 | 243 | MEMORANDUM in Opposition to MOTION IN LIMINE (#4) to Exclude Irrelevant and Prejudicial Evidence 204 filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 08/30/2019) (10) |
| Aug 30, 2019 | 244 | MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude Evidence Not Disclosed In Discovery 205 filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 08/30/2019) (6) |
| Aug 30, 2019 | 245 | MEMORANDUM in Opposition to MOTION IN LIMINE (# 1) to Exclude Testimony of Ms. Janel Birk 211 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order Denying Plaintiff's Motions in Limine 1 through 6)(Nath, Archana) (Entered: 08/30/2019) (0) |
| Aug 30, 2019 | 246 | MEMORANDUM in Opposition to MOTION IN LIMINE ( # 2) to Exclude Testimony of Mr. John Tepp 212 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/30/2019) (22) |
| Aug 30, 2019 | 247 | MEMORANDUM in Opposition to MOTION IN LIMINE ( # 3) to Preclude Presentation of Certain Obviousness Defenses 213 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/30/2019) (10) |
| Aug 30, 2019 | 248 | MEMORANDUM in Opposition to MOTION IN LIMINE ( # 4) to Limit the Testimony of Mr. Clair Strohl 214 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/30/2019) (15) |
| Aug 30, 2019 | 249 | MEMORANDUM in Opposition to MOTION IN LIMINE ( # 5) to Exclude Certain Emails Between Dr. Chen and Mr. Hancock 215 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/30/2019) (8) |
| Aug 30, 2019 | 250 | MEMORANDUM in Opposition to MOTION IN LIMINE ( # 6) to Preclude ReShape's Use of the Term "Patent Troll" at Trial 216 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/30/2019) (9) |
| Aug 30, 2019 | 251 | DECLARATION of Lukas D. Toft in opposition to MOTION IN LIMINE (# 1) to Exclude Testimony of Ms. Janel Birk 211 , MOTION IN LIMINE ( # 5) to Exclude Certain Emails Between Dr. Chen and Mr. Hancock 215 , MOTION IN LIMINE ( # 3) to Preclude Presentation of Certain Obviousness Defenses 213 , MOTION IN LIMINE ( # 4) to Limit the Testimony of Mr. Clair Strohl 214 , MOTION IN LIMINE ( # 2) to Exclude Testimony of Mr. John Tepp 212 , MOTION IN LIMINE ( # 6) to Preclude ReShape's Use of the Term "Patent Troll" at Trial 216 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Exhibit 34 - Birk Invalidity Deposition Transcript Excerpts, # 2 Exhibit 35 - Birk Invalidity Expert Report Excerpts, # 3 Exhibit 36 - Birk Infringement Deposition Transcript Excerpts, # 4 Exhibit 37 - Strohl Deposition Transcript, # 5 Exhibit 38 - Parnell Deposition Transcript Excerpts, # 6 Exhibit 39 - Parnell Expert Report Excerpts, # 7 Exhibit 40 - Chen Deposition Transcript Excerpts, # 8 Exhibit 41 - Jones Deposition Transcript Excerpts, # 9 Exhibit 42 - Wallace Deposition Transcript Excerpts, # 10 Exhibit 43 - Trial Exhibit 270, # 11 Exhibit 44 - Trial Exhibit 271, # 12 Exhibit 45 - Trial Exhibit 272, # 13 Exhibit 46 - Trial Exhibit 347, # 14 Exhibit 47 - Trial Exhibit 735, # 15 Exhibit 48 - Trial Exhibit 736, # 16 Exhibit 49 - Trial Exhibit 738, # 17 Exhibit 50 - August 2019 Email)(Nath, Archana) (Entered: 08/30/2019) (0) |
| Aug 29, 2019 | 236 | NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Fulfillium, Inc.. (Attachments: # 1 Exhibit A to Notice of Loding - Final Pretrial Conference Order)(Alciati, W) (Entered: 08/29/2019) (0) |
| Aug 23, 2019 | 235 | MEMORANDUM in Support of MOTION IN LIMINE (#1) to Exclude Dr. David Blackburn and Certain of His Opinions - Redacted 201 - unredacted documents filed pursuant to Order Denying Application for Leave to File Under Seal [Dkt. 234] filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Exhibit 1 - Nath Declaration - Blackburn Report, # 2 Exhibit 2 - Nath Declaration - Blackburn Deposition Transcript, # 3 Exhibit 3 - Nath Declaration - Tepp Report, # 4 Exhibit 4 - Nath Declaration - Tepp Deposition Transcript, # 5 Exhibit 5 - Nath Declaration - Birk Severance Agreement, # 6 Exhibit 13 - Nath Declaration - Youngstrom Ind Deposition Transcript Excerpts, # 7 Exhibit 17 - Nath Declaration - 3/11/13 SVB Analytics Valuation Excerpts, # 8 Exhibit 19 - Nath Declaration - 12/6/16 SVB Analytics Valuation Excerpt)(Nath, Archana) (Entered: 08/23/2019) (0) |
| Aug 22, 2019 | 233 | SCHEDULING NOTICE by Judge S. James Otero. This matter having been referred to the calendar of Judge S. James Otero for settlement hearing on Thursday, 9/05/2019 @ 09:00 AM before Judge S. James Otero in courtroom 10C, tenth floor, the parties shall fully comply with this Court's Standing Order rule 33. 33. Procedures for Settlement Conferences Held Before Judge Otero:a. Settlement Conference Briefs: The parties must submit confidential settlementconference briefs to chambers in accordance with L.R. 16-15.5(a) five days beforethe conference, and must exchange non-confidential letters with all other parties ofrecord. Each confidential settlement conference brief must contain:(1) A summary of the important issues and the party's position on each issue;(2) A summary regarding damages in a non-conclusory form; and(3) A summary on the course of any prior settlement negotiations.The brief must be concise, and large numbers of exhibits may not be appended.Proposals for settlement and counsel's evaluation of the case not yet communicatedto opposing counsel must be included in the confidential settlement letter.b. Persons Present: All persons whose consent is necessary to conclude settlementmust be present at the settlement conference. Counsel are responsible for ensuringthat all persons and parties are present.c. The Conference: The Court will confer with the attorneys and representatives jointlyand separately. Each party must be prepared to negotiate for as long as prospectsof settlement are not foreclosed. The Court may confer with the parties in thepresence of their attorneys. If settlement is reached, it will be placed on the recordat the conclusion of the conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY (Entered: 08/22/2019) (0) |
| Aug 22, 2019 | 234 | ORDER DENYING DEFENDANTS' APPLICATION FOR LEAVE TO FILE UNDER SEAL (MOTIONS IN LIMINE) 208 by Judge R. Gary Klausner. (lom) (Entered: 08/22/2019) (3) |
| Aug 21, 2019 | 231 | MINUTE (IN CHAMBERS) ORDER by Judge R. Gary Klausner: The parties are hereby ordered to participate in a further Settlement Conference with the Honorable S. James Otero, Senior District Judge, on 9/5/2019 at 9:00 AM. Judge Otero's courtroom, 10C, is located at the United States Courthouse, 350 West 1st Street, Los Angeles, CA 90012. (jp) (Entered: 08/21/2019) (1) |
| Aug 21, 2019 | 232 | MINUTES (IN CHAMBERS) Order Re: Plaintiff's Motion for Partial Summary Judgment as to Patent Infringement (DE 137 ); Defendants' Motion for Summary Judgment as to Non-Infringement (DE 139 ) by Judge R. Gary Klausner. For the foregoing reasons, the Court: GRANTS Defendants' Non-Infringement Motion as to all asse1ied claims of the '367 patent; DENIES Defendants' Non-Infringement Motion as to all asse1i ed claims of the '915 and '930 patents; and DENIES Fulfillium's Infringement Motion in its entirety. IT IS SO ORDERED. (lom) (Entered: 08/22/2019) (20) |
| Aug 19, 2019 | 226 | Witness List filed by Defendants (jointly with Plaintiff) ReShape LifeSciences, Inc., ReShape Medical LLC.. (Nath, Archana) (Entered: 08/19/2019) (10) |
| Aug 19, 2019 | 227 | JOINT Exhibit List filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC.. (Attachments: # 1 Exhibit A)(Nath, Archana) (Entered: 08/19/2019) (0) |
| Aug 19, 2019 | 228 | DECLARATION of W. Cook Alciati In Support Of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 unredacted documents filed pursuant to Order Denying Application to File Under Seal [Dkt. 198] filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Exhibit 37 to Alciati Declaration - Birk Deposition Transcript, # 2 Exhibit 38 to Alciati Declaration - ReShape Technical Document, # 3 Exhibit 39 to Alciati Declaration - ReShape Discovery Responses, # 4 Exhibit 40 to Alciati Declaration - ReShape Discovery Responses, # 5 Exhibit 41 to Alciati Declaration - Definition of Conforms)(Alciati, W) (Entered: 08/19/2019) (0) |
| Aug 19, 2019 | 229 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/19/2019) (30) |
| Aug 19, 2019 | 230 | MEMORANDUM of CONTENTIONS of FACT and LAW Fulfillium, Inc.. (Alciati, W) (Entered: 08/19/2019) (28) |
| Aug 16, 2019 | 225 | DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re Joint Stipulation for Leave Supplement 224 . THE STIPULATION IS DENIED. (jp) (Entered: 08/16/2019) (2) |
| Aug 15, 2019 | 223 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Non-Infringement - REDACTED 139 unredacted documents filed pursuant to Order Denying Application for Leave to Filed Under Seal [Dkt. 220] filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 L.R. 56-2 Statement of Genuine Disputes)(Alciati, W) (Entered: 08/15/2019) (0) |
| Aug 15, 2019 | 224 | Joint STIPULATION for Leave to Supplement filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Exhibit A - Strohl Deposition Transcript, # 2 Exhibit B - Parnell Deposition Transcript, # 3 Exhibit C - Excerpt of Deposition Exhibit 343, # 4 Exhibit D - Excerpt of Deposition Exhibit 344, # 5 Exhibit E - Excerpt of Deposition Exhibit 348, # 6 Exhibit F - Excerpt of Deposition Exhibit 350, # 7 Proposed Order)(Toft, Lukas) (Entered: 08/15/2019) (0) |
| Aug 14, 2019 | 221 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Exhibits to Reply Declaration 199 , 200 by Clerk of Court to Judge R. Gary Klausner. The document are stricken. (jp) (Entered: 08/14/2019) (1) |
| Aug 14, 2019 | 222 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion for Partial Summary Judgment as to Patent Infringement 137 ; Defendant's Motion for Summary Judgment as to Invalidity 138 ; and Defendant's Motion for Summary Judgment as to Non-Infringement 139 , calendared for hearing on August 19, 2019, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 08/14/2019) (0) |
| Aug 13, 2019 | 218 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit 37 199 , Exhibit 38 200 . The following error(s) was/were found: (1) Title page is missing. Other error(s) with document(s): (2) Pursuant to Local Rule 11-3.8, the filer should prepare a separate title page. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) (Entered: 08/13/2019) (1) |
| Aug 13, 2019 | 219 | ORDER by Judge R. Gary Klausner: granting 162 Non-Resident Attorney Bret A Puls APPLICATION to Appear Pro Hac Vice on behalf of Defendants, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC, designating Ashe P Puri as local counsel. (jp) (Entered: 08/13/2019) (1) |
| Aug 13, 2019 | 220 | DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re APPLICATION for Leave to File Under Seal 176 . The APPLICATION IS DENIED. (jp) (Entered: 08/13/2019) (2) |
| Aug 12, 2019 | 199 | [DOCUMENT STRICKEN PER ORDER DATED 08/14/2019, SEE DOCKET ENTRY NO. 221 ] - Exhibit 37 to Reply Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment of Infringement re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 unredacted document filed pursuant to Order Denying Application to File Under Seal [Dkt. 198] filed by Plaintiff Fulfillium, Inc.. (Alciati, W). Modified on 8/14/2019 (jp). (Entered: 08/12/2019) (30) |
| Aug 12, 2019 | 200 | [DOCUMENT STRICKEN PER ORDER DATED 08/14/2019, SEE DOCKET ENTRY NO. 221 ] - Exhibit 38 to Reply Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment of Infringement re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 unredacted document filed pursuant to Order Denying Application to File Under Seal [Dkt. 198] filed by Plaintiff Fulfillium, Inc.. (Alciati, W). Modified on 8/14/2019 (jp). (Entered: 08/12/2019) (22) |
| Aug 12, 2019 | 201 | NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Dr. David Blackburn and Certain of His Opinions - Redacted filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order Granting Defendants' Motions in Limine #s 1 through 6)(Nath, Archana) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 202 | NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Dr. Sunil Bhoyrul and Certain of His Opinions filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner.(Nath, Archana) (Entered: 08/12/2019) (26) |
| Aug 12, 2019 | 203 | NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Trade Secret Evidence filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner.(Nath, Archana) (Entered: 08/12/2019) (15) |
| Aug 12, 2019 | 204 | NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Irrelevant and Prejudicial Evidence filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner.(Nath, Archana) (Entered: 08/12/2019) (17) |
| Aug 12, 2019 | 205 | NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Evidence Not Disclosed In Discovery filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner.(Nath, Archana) (Entered: 08/12/2019) (13) |
| Aug 12, 2019 | 206 | [WITHDRAWN PER NOTICE OF WITHDRAWAL DATED 08/30/2019, SEE DOCKET ENTRY NO. 237 ] - NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Bifurcate Liability From Damages filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner.(Nath, Archana). Modified on 8/30/2019 (jp). (Entered: 08/12/2019) (10) |
| Aug 12, 2019 | 207 | DECLARATION of Archana Nath in support of MOTION IN LIMINE (#5) to Exclude Evidence Not Disclosed In Discovery 205 , MOTION IN LIMINE (#1) to Exclude Dr. David Blackburn and Certain of His Opinions - Redacted 201 , MOTION IN LIMINE (#6) to Bifurcate Liability From Damages 206 , MOTION IN LIMINE (#3) to Exclude Trade Secret Evidence 203 , MOTION IN LIMINE (#4) to Exclude Irrelevant and Prejudicial Evidence 204 , MOTION IN LIMINE (#2) to Exclude Dr. Sunil Bhoyrul and Certain of His Opinions 202 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Exhibit 1 - Redacted Blackburn Report, # 2 Exhibit 2 - Redacted Blackburn Deposition Transcript, # 3 Exhibit 3 - Redacted Tepp Report, # 4 Exhibit 4 - Redacted Tepp Deposition Transcript, # 5 Exhibit 5 - Redacted Birk Severance Agreement, # 6 Exhibit 6 - Expert Report of Dr. Sunil Bhoyrul, # 7 Exhibit 7 - Bhoyrul Deposition Transcript, # 8 Exhibit 8 - Bhoyrul Summary Judgment Declaration, # 9 Exhibit 9 - Birk Deposition Transcript Excerpts, # 10 Exhibit 10 - Chen Deposition Transcript Vol 1 Excerpts, # 11 Exhibit 11 - Chen Deposition Transcript Vol 2 Excerpts, # 12 Exhibit 12 - Youngstrom 30(b)(6) Deposition Transcript Vol 1 Excerpts, # 13 Exhibit 13 - Redacted Youngstrom Ind Deposition Transcript Excerpts, # 14 Exhibit 14 - Wallace Deposition Transcrip Excerpts, # 15 Exhibit 15 - Delagardelle Deposition Transcript Excerpts, # 16 Exhibit 16 - FUFM013248 - 4/16/05 Email, # 17 Exhibit 17 - Redacted 3/11/13 SVB Analytics Valuation Excerpts, # 18 Exhibit 18 - ReShape0540128 - Enteromedics 8K, # 19 Exhibit 19 - Redacted 12/6/16 SVB Analytics Valuation Excerpt, # 20 Exhibit 20 - 6/21/04 Settlement Agreement, # 21 Exhibit 21 - ReShape 2017 10K Excerpts, # 22 Exhibit 22 - Article - Reasonable Royalties after Ebay, # 23 Exhibit 23 - Blackburn Chapter IP Valuation Techniques, # 24 Exhibit 24 - 5/20/19 Toft Letter to Alciati, # 25 Exhibit 25 - 7/12/19 Fulfillium Third Supplemental Interrogatory Responses, # 26 Exhibit 26 - 6/10/19 Fulfillium Second Supplemental Interrogatory Responses with Exhibits A-C, # 27 Exhibit 27 - 3/18/19 ReShape First Set of Document Requests, # 28 Exhibit 28 - FUFM019326 - 7/3/14 Email, # 29 Exhibit 29 - FUFM018860 - 6/28/09 Email, # 30 Exhibit 30 - U.S. Patent No. 9,456,915, # 31 Exhibit 31 - U.S. Patent No. 9,445,930, # 32 Exhibit 32 - U.S. Patent No. 9,808,367, # 33 Exhibit 33 - Parnell Deposition Transcript Excerpts)(Nath, Archana) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 208 | APPLICATION to file document re Defendants' Motions in Limine under seal filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order, # 2 Redacted Document Motion in Limine to Exclude Dr. David Blackburn and Certain of His Opinions [MIL #1], # 3 Redacted Document Exhibit 1 to Archana Nath Declaration in Support of Motions in Limine, # 4 Redacted Document Exhibit 2 to Archana Nath Declaration in Support of Motions in Limine, # 5 Redacted Document Exhibit 3 to Archana Nath Declaration in Support of Motions in Limine, # 6 Redacted Document Exhibit 4 to Archana Nath Declaration in Support of Motions in Limine, # 7 Redacted Document Exhibit 5 to Archana Nath Declaration in Support of Motions in Limine, # 8 Redacted Document Exhibit 13 to Archana Nath Declaration in Support of Motions in Limine, # 9 Redacted Document Exhibit 17 to Archana Nath Declaration in Support of Motions in Limine, # 10 Redacted Document Exhibit 19 to Archana Nath Declaration in Support of Motions in Limine)(Nath, Archana) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 209 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Defendants' Motions in Limine under seal 208 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Unredacted Document Motion in Limine to Exclude Dr. David Blackburn and Certain of His Opinions [MIL #1], # 2 Unredacted Document Exhibit 1 to Nath Declaration - Blackburn Report, # 3 Unredacted Document Exhibit 2 to Nath Declaration - Blackburn Deposition Transcript, # 4 Unredacted Document Exhibit 3 to Nath Declaration - Tepp Report, # 5 Unredacted Document Exhibit 4 to Nath Declaration - Tepp Deposition Transcript, # 6 Unredacted Document Exhibit 5 to Nath Declaration - Birk Severance Agreement, # 7 Unredacted Document Exhibit 13 to Nath Declaration - Youngstrom Individual Deposition Transcript Excerpts, # 8 Unredacted Document Exhibit 17 to Nath Declaration - 3/11/13 SVB Analytics Valuation Excerpts, # 9 Unredacted Document Exhibit 19 to Nath Declaration - 12/6/16 SVB Analytics Valuation Excerpts)(Nath, Archana) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 210 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Declaration in SupportDeclaration,,,, 209 served on August 12, 2019. (Nath, Archana) (Entered: 08/12/2019) (3) |
| Aug 12, 2019 | 211 | NOTICE OF MOTION AND MOTION IN LIMINE (# 1) to Exclude Testimony of Ms. Janel Birk Fulfillium, Inc.. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion in Limine No. 1, # 2 Proposed Order, # 3 Declaration of W. Cook Alciati In Support of Plaintiff's Motion in Limine No. 1, # 4 Exhibit A to the Alciati Declaration - Curriculum Vitae of Ms. Janel Birk, # 5 Exhibit B to the Alciati Declaration - ReShape's Supplemental Rule 26(a)(1) Initial Disclosures, # 6 Exhibit C to the Alciati Declaration - Email Correspondence Concerning Fact Deposition of Ms. Janel Birk, # 7 Exhibit D to the Alciati Declaration - Lointier Reference, # 8 Exhibit E to the Alciati Declaration - Noninfringement Rebuttal Report of Ms. Janel Birk, # 9 Exhibit F to the Alciati Declaration - ReShape Interrogatory Responses)(Alciati, W) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 212 | NOTICE OF MOTION AND MOTION IN LIMINE ( # 2) to Exclude Testimony of Mr. John Tepp Fulfillium, Inc.. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion in Limine No. 2, # 2 Proposed Order, # 3 Declaration of W. Cook Alciati In Support of Plaintiff's Motion in Limine No. 2, # 4 Exhibit G to Alciati Declaration - Intersect Partners Royalty Agreement, # 5 Exhibit H to Alciati Declaration - Intersect Partners Assignment Agreement, # 6 Exhibit I to Alciati Declaration - Alverdy Royalty Agreement, # 7 Exhibit J to Alciati Declaration - Columbia Law Review Article)(Alciati, W) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 213 | NOTICE OF MOTION AND MOTION IN LIMINE ( # 3) to Preclude Presentation of Certain Obviousness Defenses Fulfillium, Inc.. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion in Limine No. 3, # 2 Proposed Order)(Alciati, W) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 214 | NOTICE OF MOTION AND MOTION IN LIMINE ( # 4) to Limit the Testimony of Mr. Clair Strohl Fulfillium, Inc.. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion in Limine No. 4, # 2 Proposed Order, # 3 Declaration of W. Cook Alciati In Support of Plaintiff's Motion in Limine No. 4, # 4 Exhibit K to Alciati Declaration - Rebuttal Noninfringement Report of Mr. Clair Strohl)(Alciati, W) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 215 | NOTICE OF MOTION AND MOTION IN LIMINE ( # 5) to Exclude Certain Emails Between Dr. Chen and Mr. Hancock Fulfillium, Inc.. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion in Limine No. 5, # 2 Proposed Order)(Alciati, W) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 216 | NOTICE OF MOTION AND MOTION IN LIMINE ( # 6) to Preclude ReShape's Use of the Term "Patent Troll" at Trial Fulfillium, Inc.. Motion set for hearing on 9/24/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion in Limine No. 6, # 2 Proposed Order)(Alciati, W) (Entered: 08/12/2019) (0) |
| Aug 12, 2019 | 217 | RESPONSE TO DEFENDANTS' WITHDRAWAL OF THEIR MOTION FOR SUMMARY JUDGMENT OF INVALIDITY re NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity - REDACTED 138 filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 08/12/2019) (3) |
| Aug 9, 2019 | 198 | DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re APPLICATION for Leave to File Under Seal Portions of Its Reply in Support of Motion for Summary Judgment of Infringement 193 . The Application is DENIED. (jp) (Entered: 08/09/2019) (2) |
| Aug 7, 2019 | 196 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Plaintiff's Reply in Support of its Motion for Partial Summary Judgment of Infringement under seal 193 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Exhibit A - Ex. 37 to Reply Alciati Declaration (Birk Transcript), # 2 Exhibit B - Ex. 38 to Reply Alciati Declaration (Gen 2 ReShape Integrated Dual Balloon System))(Toft, Lukas) (Entered: 08/07/2019) (0) |
| Aug 7, 2019 | 197 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Declaration in SupportDeclaration, 196 served on August 7, 2019. (Toft, Lukas) (Entered: 08/07/2019) (3) |
| Aug 5, 2019 | 186 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity - REDACTED 138 - unredacted documents filed pursuant to Order Denying Application for Leave to File Under Seal [Dkt. 183] filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Separate Statement of Uncontroverted Facts and Conclusions of Law, # 2 Exhibit D - Alton Declaration - Plaintiff's Interrogatory Responses, # 3 Exhibit E - Alton Declaration - Chen Deposition, # 4 Exhibit O - Alton Declaration - Deposition Exhibit 270, # 5 Exhibit P - Alton Declaration - Deposition Exhibit 271, # 6 Exhibit Q - Alton Declaration - Deposition Exhibit 272)(Nath, Archana) (Entered: 08/05/2019) (0) |
| Aug 5, 2019 | 187 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Non-Infringement - REDACTED 139 - unredacted documents filed pursuant to Order Denying Application for Leave to File Under Seal [Dkt. 183] filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Separate Statement of Uncontroverted Facts and Conclusions of Law, # 2 Exhibit D - Nath Declaration - Plaintiff's Interrogatory Responses, # 3 Exhibit E - Nath Declaration - Chen Deposition, # 4 Exhibit I - Nath Declaration - Taub Deposition, # 5 Exhibit K - Nath Declaration - ReShape In-Service Manual - ReShape0547812, # 6 Exhibit L - Nath Declaration - ReShape Physician In-Service Slide Deck - ReShape0039928, # 7 Exhibit M - Nath Declaration - ReShape website - ReShape0038557, # 8 Exhibit N - Nath Declaration - Delagardelle Deposition, # 9 Exhibit O - Nath Declaration - Youngstrom 30(b)(6) Deposition Vol. 2)(Nath, Archana) (Entered: 08/05/2019) (0) |
| Aug 5, 2019 | 188 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 - unredacted documents filed pursuant to Order Denying Application for Leave to File Under Seal [Dkt. 182] filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Statement of Genuine Disputes, # 2 Exhibit 2 - Toft Declaration - Dr. Bhoyrul Expert Report)(Nath, Archana) (Entered: 08/05/2019) (0) |
| Aug 5, 2019 | 189 | REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Non-Infringement - REDACTED 139 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/05/2019) (14) |
| Aug 5, 2019 | 190 | Notice of Withdrawal of Motion for Summary Judgment,,,,,, 138 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Nath, Archana) (Entered: 08/05/2019) (2) |
| Aug 5, 2019 | 191 | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 unredacted documents filed pursuant to Order Denying Application for Leave to File Under Seal [Dkt. 181] filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of Dr. Sunil Bhoyrul, # 2 L.R. 56-1 Statement of Undisputed Facts, # 3 Declaration of W. Cook Alciati in Support of Plaintiff's Motion for Partial Summary Judgment of Infringement, # 4 Exhibit 5 to Alciati Declaration - Rule 30(b)(6) Transcript Vol. 1, # 5 Exhibit 6 to Alciati Declaration - Rule 30(b)(6) Transcript Vol. 2, # 6 Exhibit 8 to Alciati Declaration - ReShape Engineering Drawing, # 7 Exhibit 9 to Alciati Declaration - ReShape PMA Supplement, # 8 Exhibit 10 to Alciati Declaration - Delagardelle Deposition Transcript, # 9 Exhibit 11 to Alciati Declaration - Gladney Deposition Transcript, # 10 Exhibit 12 to Alciati Declaration - Wallace Deposition Transcript, # 11 Exhibit 14 to Alciati Declaration - Email Correspondence, # 12 Exhibit 15 to Alciati Declaration - Email Correspondence, # 13 Exhibit 16 to Alciati Declaration (Part 1) - ReShape Presentation to Longitude Capital, # 14 Exhibit 16 to Alciati Declaration (Part 2) - ReShape Presentation to Longitude Capital, # 15 Exhibit 16 to Alciati Declaration (Part 3) - ReShape Presentation to Longitude Capital, # 16 Exhibit 17 to Alciati Declaration - ReShape022697-22703, # 17 Exhibit 18 to Alciati Declaration - ReShape0019564-19603, # 18 Exhibit 19 to Alciati Declaration (Part 1) - ReShape Patient Guide Book, # 19 Exhibit 19 to Alciati Declaration (Part 2) - ReShape Patient Guide Book, # 20 Exhibit 20 to Alciati Declaration (Part 1) - ReShape0016064-16074, # 21 Exhibit 20 to Alciati Declaration (Part 2) - ReShape0016064-16074, # 22 Exhibit 20 to Alciati Declaration (Part 3) - ReShape0016064-16074, # 23 Exhibit 20 to Alciati Declaration (Part 4) - ReShape0016064-16074, # 24 Exhibit 21 to Alciati Declaration - ReShape Frequently Asked Questions, # 25 Exhibit 22 to Alciati Declaration - ReShape Press Release, # 26 Exhibit 23 to Alciati Declaration - ReShape Patient Starter Kit, # 27 Exhibit 24 to Alciati Declaration - ReShape Press Release, # 28 Exhibit 26 to Alciati Declaration - Fulfillium Active Review, # 29 Exhibit 27 to Alciati Declaration - Fulfillium Active Review, # 30 Exhibit 28 to Alciati Declaration - Abdominis Document, # 31 Exhibit 29 to Alciati Declaration - ReShape Board Meeting Presentation, # 32 Exhibit 30 to Alciati Declaration - Intersect000007-29, # 33 Exhibit 31 to Alciati Declaration - Email Correspondence, # 34 Exhibit 34 to Alciati Declaration - ReShape Duo Description, # 35 Exhibit 35 to Alciati Declaration - Defendants' Interrogatory Responses, # 36 Exhibit 36 to Alciati Declaration - Defendants' Interrogatory Responses)(Alciati, W) (Entered: 08/05/2019) (0) |
| Aug 5, 2019 | 192 | Plaintiff's Local Rule 56-2 Statement of Genuine Disputes re NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity - REDACTED 138 unredacted documents filed pursuant to Order Denying Application for Leave to File Under Seal [Dkt. 185] filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 08/05/2019) (11) |
| Aug 5, 2019 | 193 | APPLICATION to file document Portions of Plaintiff's Reply in Support of its Motion for Partial Summary Judgment of Infringement under seal filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order)(Alciati, W) (Entered: 08/05/2019) (0) |
| Aug 5, 2019 | 194 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Plaintiff's Reply in Support of its Motion for Partial Summary Judgment of Infringement under seal 193 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Unredacted Document Exhibit 37 to Alciati Declaration Filed in Support of Plaintiff's Reply in Support of Its Motion for Partial Summary Judgment of Infringement, # 2 Unredacted Document Exhibit 38 to Alciati Declaration Filed in Support of Plaintiff's Reply in Support of Its Motion for Partial Summary Judgment of Infringement)(Alciati, W) (Entered: 08/05/2019) (0) |
| Aug 5, 2019 | 195 | REPLY NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of W. Cook Alciati, # 2 Exhibit 37 to Alciati Declaration - Birk Transcript (Filed Under Seal), # 3 Exhibit 38 to Alciati Declaration - Gen 2 ReShape Integrated Dual Balloon System (Filed Under Seal), # 4 Exhibit 39 to Alciati Declaration - ReShape Interrogatory Responses, # 5 Exhibit 40 to Alciati Declaration - ReShape Interrogatory Responses, # 6 Exhibit 41 to Alciati Declaration - Definition of Conforms)(Alciati, W) (Entered: 08/05/2019) (0) |
| Aug 1, 2019 | 184 | Pursuant to Local Rule 5-4.4.2, counsel for plaintiff shall immediately submit the proposed order in connection with Docket Entry 174 (to the Judge's generic email address) in Word or Word Perfect format. Text Only Entry THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 08/01/2019) (0) |
| Aug 1, 2019 | 185 | DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re APPLICATION for Leave to File Under Seal Portions of its Opposition to Reshape's Motion for partial Summary Judgment of Invalidity 174 . The Application is DENIED. (jp) (Entered: 08/01/2019) (3) |
| Jul 31, 2019 | 179 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Plaintiff's Opposition to ReShape's Motion for Partial Summary Judgment of Non-Infringement under seal 176 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC.(Stiteler, Peter) (Entered: 07/31/2019) (0) |
| Jul 31, 2019 | 180 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Declaration in SupportDeclaration, 179 served on July 31, 2019. (Stiteler, Peter) (Entered: 07/31/2019) (3) |
| Jul 31, 2019 | 181 | MINUTES (IN CHAMBERS) Order Re: Plaintiff's Application for Leave to File Under Seal Portions of its Motion for Summary Judgment of Infringement (DE 1350 by Judge R. Gary Klausner: The Court has reviewed plaintiff's Application and Defendant's supporting declaration and finds that the "compelling reasons" standard has not been met. Accordingly, the Court DENIES plaintiff's Application 135 . (jp) (Entered: 07/31/2019) (1) |
| Jul 31, 2019 | 182 | DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re APPLICATION for Leave to File Under Seal (Summary Judgment Opposition) 166 . THE APPLICATION IS DENIED. (jp) (Entered: 07/31/2019) (2) |
| Jul 31, 2019 | 183 | DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re APPLICATION for Leave to File Under Seal 140 . THE APPLICATION IS DENIED. (jp) (Entered: 07/31/2019) (3) |
| Jul 30, 2019 | 173 | ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATIONS to file document under seal 169 , 170 , for the following reasons: Lacking declaration. LR 79-5.2.2 (jp) (Entered: 07/30/2019) (1) |
| Jul 30, 2019 | 174 | APPLICATION to file document Portions of Plaintiff's Opposition to ReShape's Motion for Partial Summary Judgment of Invalidity under seal filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document L.R. 56-2 Statement of Genuine Disputes)(Alciati, W) (Entered: 07/30/2019) (0) |
| Jul 30, 2019 | 175 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Plaintiff's Opposition to ReShape's Motion for Partial Summary Judgment of Invalidity under seal 174 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Unredacted Document L.R. 56-2 Statement of Genuine Disputes)(Alciati, W) (Entered: 07/30/2019) (0) |
| Jul 30, 2019 | 176 | APPLICATION to file document Portions of Plaintiff's Opposition to ReShape's Motion for Partial Summary Judgment of Non-Infringement under seal filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document L.R. 56-2 Statement of Genuine Disputes, # 3 Redacted Document Plaintiff's Memorandum in Opposition to ReShape's Motion for Partial Summary Judgment of Non-Infringement)(Alciati, W) (Entered: 07/30/2019) (0) |
| Jul 30, 2019 | 177 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Plaintiff's Opposition to ReShape's Motion for Partial Summary Judgment of Non-Infringement under seal 176 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Unredacted Document L.R. 56-2 Statement of Genuine Disputes, # 2 Unredacted Document Plaintiff's Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment of Non-Infringement)(Alciati, W) (Entered: 07/30/2019) (0) |
| Jul 30, 2019 | 178 | ORDER by Judge R. Gary Klausner: granting 163 Non-Resident Attorney Jonathan R Lagarenne APPLICATION to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC, designating Ashe P Puri as local counsel. (jp) (Entered: 07/30/2019) (1) |
| Jul 29, 2019 | 165 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 - REDACTED filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Redacted Document Statement of Genuine Disputes, # 2 Declaration of Janel Birk, # 3 Appendix A to Birk Declaration - Corrected - asserted claim language, # 4 Exhibit A to Birk Declaration - Birk CV, # 5 Declaration of Lukas D. Toft, # 6 Exhibit 1 to Toft Declaration - Dr. Bhoyrul Depo Transcript, # 7 Exhibit 2 to Toft Declaration - REDACTED - Dr. Bhoyrul Expert Report, # 8 Proposed Order)(Nath, Archana) (Entered: 07/29/2019) (0) |
| Jul 29, 2019 | 166 | APPLICATION to file document Summary Judgment Opposition under seal filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order, # 2 Redacted Document Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment of Patent Infringement, # 3 Redacted Document Statement of Genuine Disputes, # 4 Redacted Document Exhibit 2 to Declaration of Lukas D. Toft)(Nath, Archana) (Entered: 07/29/2019) (0) |
| Jul 29, 2019 | 167 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Summary Judgment Opposition under seal 166 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Unredacted Document Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment of Patent Infringement, # 2 Unredacted Document Statement of Genuine Disputes, # 3 Unredacted Document Exhibit 2 to Declaration of Lukas D. Toft)(Nath, Archana) (Entered: 07/29/2019) (0) |
| Jul 29, 2019 | 168 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Declaration in SupportDeclaration, 167 served on July 29, 2019. (Nath, Archana) (Entered: 07/29/2019) (3) |
| Jul 29, 2019 | 169 | [DOCUMENT STRICKEN PER ORDER DATED ON 7/30/2019, SEE DOCKET ENTRY NO. 173 ] - APPLICATION to file document Plaintiff's L.R. 56-2 Statement of Genuine Disputes under seal filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document L.R. 56-2 Statement of Genuine Disputes)(Alciati, W). Modified on 7/30/2019 (jp). (Entered: 07/29/2019) (0) |
| Jul 29, 2019 | 170 | [DOCUMENT STRICKEN PER ORDER DATED ON 7/30/2019, SEE DOCKET ENTRY NO. 173 ] - APPLICATION to file document Portions of Plaintiff's Opposition to ReShape's Motion for Partial Summary Judgment of Non-Infringement under seal filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document L.R. 56-2 Statement of Genuine Disputes, # 3 Redacted Document Plaintiff's Memorandum in Opposition to ReShape's Motion for Partial Summary Judgment of Non-Infringement)(Alciati, W). Modified on 7/30/2019 (jp). (Entered: 07/29/2019) (0) |
| Jul 29, 2019 | 171 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity - REDACTED 138 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of T. Kim Parnell, PhD PE, # 2 Declaration of W. Cook Alciati, # 3 Exhibit A to Alciati Declaration - Birk Deposition Transcript, # 4 Exhibit B to Alciati Declaration - Birk Invalidity Report, # 5 Redacted Document L.R. 56-2 Statement of Genuine Disputes)(Alciati, W) (Entered: 07/29/2019) (0) |
| Jul 29, 2019 | 172 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Non-Infringement - REDACTED 139 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Redacted Document L.R. 56-2 Statement of Genuine Disputes, # 2 Declaration of W. Cook Alciati, # 3 Exhibit A to Alciati Declaration - Birk Transcript, # 4 Exhibit C to Alciati Declaration - Local Patent Rules, # 5 Exhibit D to Alciati Declaration - Birk Deposition Exhibit 342, # 6 Exhibit E to Alciati Declaration - Birk Deposition Exhibit 354, # 7 Exhibit F to Alciati Declaration - Conform Definition)(Alciati, W) (Entered: 07/29/2019) (0) |
| Jul 26, 2019 | 164 | MEDIATION REPORT Filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC: Mediation held on April 9, 2019. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(Stiteler, Peter) (Entered: 07/26/2019) (2) |
| Jul 23, 2019 | 163 | APPLICATION of Non-Resident Attorney Jonathan R. Lagarenne to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24134094) filed by Defendants and Counterclaimants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order Granting Application to Appear Pro Hac Vice) (Puri, Asheesh) (Entered: 07/23/2019) (0) |
| Jul 22, 2019 | 162 | APPLICATION of Non-Resident Attorney Bret A. Puls to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24122050) filed by Defendants and Counterclaimants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order Granting Pro Hac Vice Application) (Puri, Asheesh) (Entered: 07/22/2019) (0) |
| Jul 19, 2019 | 160 | SEALED DOCUMENT (Ex Parte Application to Compel Discovery) re EX PARTE APPLICATION to Compel deposition testimony - REDACTED 146 , Order on Motion for Leave to File Document Under Seal, 159 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Exhibit 1 to Declaration of Larina A.Alton, # 2 Exhibit 4 to Declaration of Larina A. Alton)(Nath, Archana) (Entered: 07/19/2019) (0) |
| Jul 19, 2019 | 161 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Document, 160 served on July 19, 2019. (Nath, Archana) (Entered: 07/19/2019) (3) |
| Jul 18, 2019 | 159 | ORDER GRANTING DEFENDANTS' APPLICATION FOR LEAVE TO FILE UNDER SEAL WITH RESPECT TO EX PARTE APPLICATION TO COMPEL DISCOVERY by Magistrate Judge Paul L. Abrams: granting 147 APPLICATION to Seal Document. Re: Sealed Declaration, 148 . (sbou) (Entered: 07/18/2019) (2) |
| Jul 16, 2019 | 158 | Notice of Appearance or Withdrawal of Counsel: for attorney Asheesh Paul Puri counsel for Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC. Larina A. Alton is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants and Counterclaimants RESHAPE MEDICAL LLC and RESHAPE LIFESCIENCES, INC.. (Puri, Asheesh) (Entered: 07/16/2019) (2) |
| Jul 15, 2019 | 156 | MINUTES (IN CHAMBERS) ORDER RE: (1) PLAINTIFF'S MOTION TO COMPEL DISCOVERY (ECF No. 145 ); and (2) DEFENDANTS' EX PARTE APPLICATION TO COMPEL DISCOVERY (ECF No. 146 ) by Magistrate Judge Paul L. Abrams. Plaintiff's Motion (ECF No. 145 ) and defendants' Application (ECF No. 146 ) are both denied as untimely. (See document for details.) (sbou) (Entered: 07/15/2019) (2) |
| Jul 15, 2019 | 157 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Defendants' Motions for Summary Judgment on Invalidity and Non-Infringement under seal 140 filed by Plaintiff Fulfillium, Inc..(Alciati, W) (Entered: 07/15/2019) (0) |
| Jul 12, 2019 | 150 | OPPOSITION to EX PARTE APPLICATION to Compel deposition testimony - REDACTED 146 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of W. Cook Alciati, # 2 Exhibit A to Alciati Declaration)(Alciati, W) (Entered: 07/12/2019) (0) |
| Jul 12, 2019 | 151 | Amendment to NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity - REDACTED 138 To Change Hearing Date filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Alton, Larina) (Entered: 07/12/2019) (2) |
| Jul 12, 2019 | 152 | Amendment to NOTICE OF MOTION AND MOTION for Summary Judgment as to Non-Infringement - REDACTED 139 To Change Hearing Date filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Alton, Larina) (Entered: 07/12/2019) (2) |
| Jul 12, 2019 | 153 | NOTICE OF ERRATA filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. correcting MOTION to Compel Product of Documents and Answers to Deposition Questions 145 (Attachments: # 1 Exhibit 3, # 2 Exhibit 5, # 3 Exhibit 6)(Stiteler, Peter) (Entered: 07/12/2019) (0) |
| Jul 12, 2019 | 154 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Plaintiff's Motion for Partial Summary Judgment under seal 135 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC.(Stiteler, Peter) (Entered: 07/12/2019) (0) |
| Jul 12, 2019 | 155 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Declaration in SupportDeclaration 154 served on July 12, 2019. (Stiteler, Peter) (Entered: 07/12/2019) (3) |
| Jul 11, 2019 | 146 | EX PARTE APPLICATION to Compel deposition testimony - REDACTED filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Larina A. Alton, # 2 Exhibit 1 - UNDER SEAL - Chen Deposition, # 3 Exhibit 2 - Plaintiff's Second Supp Response to First Set of Interrogatories, # 4 Exhibit 3 - Plaintiff's Response to Interrogatory No. 13, # 5 Exhibit 4 - REDACTED June 27-July 11, 2019 Email, # 6 Exhibit 5 - June 24-25, 2019 Email, # 7 Exhibit 6 - Chen Notice of Deposition, # 8 Exhibit 7 - May 1-8, 2019 Email, # 9 Exhibit 8 - May 30-June 9, 2019 Email, # 10 Exhibit 9 - Deposition Exhibit 258, # 11 Exhibit 10 - May 23-28, 2019 Email, # 12 Proposed Order)(Alton, Larina) (Entered: 07/11/2019) (0) |
| Jul 11, 2019 | 147 | APPLICATION to file document re Defendants' Ex Parte Application to Compel Discovery under seal filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order, # 2 Redacted Document Defendants' Ex Parte Application to Compel Discovery, # 3 Redacted Document Exhibit 4 to Declaration of Larina A. Alton in Support of Defendants' Ex Parte Application to Compel Discovery)(Alton, Larina) (Entered: 07/11/2019) (0) |
| Jul 11, 2019 | 148 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Defendants' Ex Parte Application to Compel Discovery under seal 147 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Unredacted Document Defendants' Ex Parte Application to Compel Discovery, # 2 Unredacted Document Exhibit 1 to Declaration of Larina A. Alton in Support of Defendants' Ex Parte Application to Compel Discovery, # 3 Unredacted Document Exhibit 4 to Declaration of Larina A. Alton in Support of Defendants' Ex Parte Application to Compel Discovery)(Alton, Larina) (Entered: 07/11/2019) (0) |
| Jul 11, 2019 | 149 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Declaration in SupportDeclaration,, 148 served on July 11, 2019. (Alton, Larina) (Entered: 07/11/2019) (3) |
| Jul 10, 2019 | 143 | Proposed Order re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement 137 filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 07/10/2019) (1) |
| Jul 10, 2019 | 144 | ORDER GRANTING Joint Stipulation to Modify Scheduling Order 134 by Judge R. Gary Klausner as follows: Dispositive Motions Cut-Off Date: 7/22/2019. Dispositive Motions Hearing Date [per Local Rule 6-1 and Standing Order Regarding Newly Assigned Cases paragraph 6]: 8/19/2019 [exactly 28 days after dispositive motion cut-of date]. Motions in Limine Deadline, including expert-related motions: 8/12/2019. (jp) (Entered: 07/10/2019) (2) |
| Jul 10, 2019 | 145 | NOTICE OF MOTION AND MOTION to Compel Product of Documents and Answers to Deposition Questions Fulfillium, Inc.. Motion set for hearing on 7/31/2019 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: # 1 L.R. 37-1 Joint Stipulation, # 2 Declaration of W. Cook Alciati, # 3 Exhibit A to Alciati Declaration - Email Correspondence, # 4 Exhibit B to Alciati Declaration - Email Correspondence, # 5 Exhibit C to Alciati Declaration - Email Correspondence, # 6 Declaration D to Alciati Declaration - Email Correspondence, # 7 Exhibit E to Alciati Declaration - Deposition Transcript Excerpts, # 8 Exhibit F to Alciati Declaration - Email Correspondence, # 9 Exhibit G to Alciati Declaration - Email Correspondence, # 10 Exhibit H to Alciati Declaration - Email Correspondence, # 11 Exhibit J to Alciati Declaration - Email Correspondence, # 12 Exhibit K to Alciati Declaration - Deposition Transcript Excerpts, # 13 Exhibit L to Alciati - Deposition Transcript Excerpts, # 14 Declaration of Larina Alton, # 15 Exhibit 1 to Alton Declaration - Email Correspondence, # 16 Exhibit 2 to Alton Declaration - Email Correspondence, # 17 Exhibit 4 to Alton Declaration - Email Correspondence, # 18 Exhibit 5 to Alton Declaration - Deposition Transcript Excerpts, # 19 Exhibit 6 to Alton Declaration - Deposition Subpoena, # 20 Proposed Order)(Alciati, W) (Entered: 07/10/2019) (0) |
| Jul 9, 2019 | 135 | APPLICATION to file document re Plaintiff's Motion for Partial Summary Judgment under seal filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Plaintiff's Memorandum in Support of Its Motion for Partial Summary Judgment, # 3 Redacted Document Declaration of Dr. Sunil Bhoyrul, # 4 Redacted Document Plaintiff's L.R. 56-1 Statement)(Alciati, W) (Entered: 07/09/2019) (0) |
| Jul 9, 2019 | 136 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Plaintiff's Motion for Partial Summary Judgment under seal 135 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of Dr. Sunil Bhoyrul, # 2 Memorandum Plaintiff's Memorandum in Support of its Motion for Partial Summary Judgment, # 3 Plaintiff's L.R. 56-1 Statement, # 4 Exhibit 5 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 5 Exhibit 6 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 6 Exhibit 8 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 7 Exhibit 9 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 8 Exhibit 10 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 9 Exhibit 11 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 10 Exhibit 12 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 11 Exhibit 14 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 12 Exhibit 15 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 13 Exhibit 16 (Part 1) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 14 Exhibit 16 (Part 2) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 15 Exhibit 16 (Part 3) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 16 Exhibit 17 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 17 Exhibit 18 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 18 Exhibit 19 (Part 1) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 19 Exhibit 19 (Part 2) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 20 Exhibit 20 (Part 1) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 21 Exhibit 20 (Part 2) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 22 Exhibit 20 (Part 3) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 23 Exhibit 20 (Part 4) to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 24 Exhibit 21 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 25 Exhibit 22 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 26 Exhibit 23 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 27 Exhibit 24 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 28 Exhibit 26 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 29 Exhibit 27 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 30 Exhibit 28 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 31 Exhibit 29 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 32 Exhibit 30 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 33 Exhibit 31 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 34 Exhibit 34 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 35 Exhibit 35 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 36 Exhibit 36 to Alciati Declaration in Support of Plaintiff's Motion for Partial Summary Judgment)(Alciati, W) (Entered: 07/09/2019) (0) |
| Jul 9, 2019 | 137 | NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Patent Infringement Fulfillium, Inc.. Motion set for hearing on 8/12/2019 at 10:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum Plaintiff's Memorandum in Support of Its Motion for Partial Summary Judgment (Redacted), # 2 Declaration of Dr. Sunil Bhoyrul (Redacted), # 3 Plaintiff's L.R. 56-1 Statement (Redacted), # 4 Declaration of W. Cook Alciati in Support of Plaintiff's Motion for Partial Summary Judgment, # 5 Exhibit 1 to Alciati Declaration - 930 Patent, # 6 Exhibit 2 to Alciati Declaration -367 Patent, # 7 Exhibit 3 to Alciati Declaration - 915 Patent, # 8 Exhibit 4 to Alciati Declaration - ReShape Instructions for Use, # 9 Exhibit 5 to Alciati Declaration (Filed Under Seal), # 10 Exhibit 6 to Alciati Declaration (Filed Under Seal), # 11 Exhibit 7 to Alciati Declaration - Defendants' Response to Interrogatory No. 3, # 12 Exhibit 8 to Alciati Declaration (Filed Under Seal), # 13 Exhibit 9 to Alciati Declaration (Filed Under Seal), # 14 Exhibit 10 to Alciati Declaration (Filed Under Seal), # 15 Exhibit 11 to Alciati Declaration (Filed Under Seal), # 16 Exhibit 12 to Alciati Declaration (Filed Under Seal), # 17 Exhibit 13 to Alciati Declaration - ReShape Patient Information Guide, # 18 Exhibit 14 to Alciati Declaration (Filed Under Seal), # 19 Exhibit 15 to Alciati Declaration (Filed Under Seal), # 20 Exhibit 16 to Alciati Declaration (Filed Under Seal), # 21 Exhibit 17 to Alciati Declaration (Filed Under Seal), # 22 Exhibit 18 to Alciati Declaration (Filed Under Seal), # 23 Exhibit 19 to Alciati Declaration (Filed Under Seal), # 24 Exhibit 20 to Alciati Declaration (Filed Under Seal), # 25 Exhibit 21 to Alciati Declaration (Filed Under Seal), # 26 Exhibit 22 to Alciati Declaration (Filed Under Seal), # 27 Exhibit 23 to Alciati Declaration (Filed Under Seal), # 28 Exhibit 24 to Alciati Declaration (Filed Under Seal), # 29 Exhibit 25 to ReShape Lifesciences, Inc. 8-k, # 30 Exhibit 26 to Alciati Declaration (Filed Under Seal), # 31 Exhibit 27 to Alciati Declaration (Filed Under Seal), # 32 Exhibit 28 to Alciati Declaration (Filed Under Seal), # 33 Exhibit 29 to Alciati Declaration (Filed Under Seal), # 34 Exhibit 30 to Alciati Declaration (Filed Under Seal), # 35 Exhibit 31 to Alciati Declaration (Filed Under Seal), # 36 Exhibit 32 to Alciati Declaration - Ponce Presentation, # 37 Exhibit 33 to Alciati Declaration - Alverdy IPR Declaration, # 38 Exhibit 34 to Alciati Declaration (Filed Under Seal), # 39 Exhibit 35 to Alciati Declaration (Filed Under Seal), # 40 Exhibit 36 to Alciati Declaration (Filed Under Seal)) (Alciati, W) (Entered: 07/09/2019) (0) |
| Jul 9, 2019 | 138 | [DOCUMENT WITHDRAWN PER NOTICE OF WITHDRAWAL, SEE DOCKET ENTRY NO. 190 ] - NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity - REDACTED filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 8/12/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Redacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law, # 2 Declaration of Janel Birk, # 3 Appendix A - asserted claim language, # 4 Exhibit A - Birk CV, # 5 Declaration of Larina Alton, # 6 Exhibit A - USPN 9456915, # 7 Exhibit B - USPN 9445930, # 8 Exhibit C - USPN 9808367, # 9 Exhibit D - REDACTED Plaintiff's Interrogatories Responses, # 10 Exhibit E - UNDER SEAL Chen Deposition, # 11 Exhibit F - Burnett Patent 2005.0033331 - ReShape0000929-0966, # 12 Exhibit G - Lointier Patent App 2007.0188168, # 13 Exhibit H - Garren Patent 4,416,267 - ReShape0002381-2385, # 14 Exhibit I - Foster Patent 4,485,805 - ReShape0002394-2400, # 15 Exhibit J - Bangs Patent 5,234,454 - ReShape0002569-2578, # 16 Exhibit K - Brown Patent 5,259,399 - ReShape0002579-2593, # 17 Exhibit L - Lloyd Patent 6,627,206 - ReShape0000221-0233, # 18 Exhibit M - Lointier Patent 8,075,582 - ReShape0003357-3374, # 19 Exhibit N - Levy Patent 8911393 - ReShape0564455-564481, # 20 Exhibit O - UNDER SEAL Deposition Exhibit 270, # 21 Exhibit P - UNDER SEAL Deposition Exhibit 271, # 22 Exhibit Q - UNDER SEAL Deposition Exhibit 272, # 23 Exhibit R - Jambor Patton App 2005.0070937, # 24 Proposed Order Proposed Judgment) (Alton, Larina) Modified on 8/6/2019 (jp). (Entered: 07/09/2019) (0) |
| Jul 9, 2019 | 139 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Non-Infringement - REDACTED filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 8/12/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Redacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law, # 2 Declaration of Janel Birk, # 3 Appendix A - asserted claim language, # 4 Exhibit A - Birk CV, # 5 Exhibit B - Random House Definition kidney-shaped, # 6 Exhibit C - Roget's Desk Thesaurus definition aligns, # 7 Exhibit D - Stedman's Medical Dictionary definition aligns, # 8 Declaration of Archana Nath, # 9 Exhibit A - USPN 9456915, # 10 Exhibit B - USPN 9445930, # 11 Exhibit C - USPN 9808367, # 12 Exhibit D - REDACTED Plaintiff's Interrogatories Responses, # 13 Exhibit E - UNDER SEAL Chen Deposition, # 14 Exhibit F - Deposition Exhibit 283, # 15 Exhibit G - Deposition Exhibit 312, # 16 Exhibit H - Deposition Exhibit 256, # 17 Exhibit I - Under Seal Taub Deposition, # 18 Exhibit J - Deposition Exhibit 317, # 19 Exhibit K - UNDER SEAL ReShape In-Service Manual - ReShape0547812, # 20 Exhibit L - UNDER SEAL ReShape Physician In-Service Slide Deck - ReShape0039928, # 21 Exhibit M - UNDER SEAL ReShape website - ReShape0038557, # 22 Exhibit N - UNDER SEAL Delagardelle Deposition, # 23 Exhibit O - UNDER SEAL Youngstrom 30b6 Deposition Vol 2, # 24 Proposed Order Proposed Judgment) (Alton, Larina) (Entered: 07/09/2019) (0) |
| Jul 9, 2019 | 140 | APPLICATION to file document re Defendants' Motions for Summary Judgment on Invalidity and Non-Infringement under seal filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order, # 2 Redacted Document Motion for Summary Judgment on Invalidity, # 3 Redacted Document Motion for Summary Judgment on Non-Infringement, # 4 Redacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment on Invalidity, # 5 Redacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment on Non-Infringment, # 6 Redacted Document Exhibit D to Declaration of Larina Alton in Support of Motion for Summary Judgment on Invalidity, # 7 Redacted Document Exhibit D to Declaration of Archana Nath in Support of Motion for Summary Judgment on Non-Infringement)(Alton, Larina) (Entered: 07/09/2019) (0) |
| Jul 9, 2019 | 141 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Defendants' Motions for Summary Judgment on Invalidity and Non-Infringement under seal 140 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Unredacted Document Motion for Summary Judgment on Invalidity, # 2 Unredacted Document Motion for Summary Judgment on Non-Infringement, # 3 Unredacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment on Invalidity, # 4 Unredacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment on Non-Infringement, # 5 Unredacted Document Exhibit D to Larina Alton Declaration - Plaintiff's Interrogatory Responses, # 6 Unredacted Document Exhibit E to Larina Alton - Chen Deposition, # 7 Unredacted Document Exhibit O to Larina Alton Declaration - Deposition Exhibit 270, # 8 Unredacted Document Exhibit P to Larina Alton Declaration - Deposition Exhibit 271, # 9 Unredacted Document Exhibit Q to Larina Alton Declaration - Deposition Exhibit 272, # 10 Unredacted Document Exhibit D to Archana Nath Declaration - Plaintiff's Interragotory Rog Responses, # 11 Unredacted Document Exhibit E to Archana Nath Declaration - Chen Deposition, # 12 Unredacted Document Exhibit I to Archana Nath Declaration - Taub Deposition, # 13 Unredacted Document Exhibit K to Archana Nath Declaration - ReShape In-Service Manual - ReShape0547812, # 14 Unredacted Document Exhibit L to Archana Nath Declaration - ReShape Physician In-Service Slide Deck - ReShape0039928, # 15 Unredacted Document Exhibit M to Archana Nath Declaration - ReShape website - ReShape0038557, # 16 Unredacted Document Exhibit N to Archana Nath Declaration - Delagardelle Deposition, # 17 Unredacted Document Exhibit O to Archana Nath Declaration - Youngstrom 30b6 Deposition Vol 2)(Alton, Larina) (Entered: 07/09/2019) (0) |
| Jul 9, 2019 | 142 | PROOF OF SERVICE filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, re Sealed Declaration in SupportDeclaration,,,,,,, 141 served on July 9, 2019 PST. (Alton, Larina) (Entered: 07/09/2019) (3) |
| Jul 2, 2019 | 134 | Joint STIPULATION to AMEND Pretrial-Trial Scheduling Order - form only 88 , Scheduling Conference - optional html form, 87 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Archana Nath, # 2 Proposed Order)(Nath, Archana) (Entered: 07/02/2019) (0) |
| Jun 19, 2019 | 132 | OPPOSITION to EX PARTE APPLICATION to Compel Additional Deposition Dates 131 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of W. Cook Alciati, # 2 Exhibit A to Alciati Declaration - Email Correspondence between Ms. Alton and Mr. Alciati)(Alciati, W) (Entered: 06/19/2019) (0) |
| Jun 19, 2019 | 133 | MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. Ex parte relief is not warranted and the Ex Parte Application (ECF No. 131) is DENIED. However, in an effort to move this litigation forward, the Court orders that Dr. Chen's deposition take place on June 21, 2019; Mr. Taub's deposition take place on June 25, 2019; and Dr. Dauskardt's deposition take place on a date to be agreed upon by the parties, but no later than July 19, 2019. The Court anticipates that the parties, working together in good faith as required, will be able to resolve any further discovery issues in the few final days of the discovery period without Court intervention. SEE ORDER FOR DETAILS. 131 (ch) (Entered: 06/19/2019) (4) |
| Jun 18, 2019 | 131 | EX PARTE APPLICATION to Compel Additional Deposition Dates filed by Defendants and Counter-Plaintiffs ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Larina Alton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Proposed Order Granting Ex Parte Application)(Puri, Asheesh) (Entered: 06/18/2019) (0) |
| Jun 14, 2019 | 128 | ORDER by Judge R. Gary Klausner: granting 125 Non-Resident Attorney Peter D Stiteler APPLICATION to Appear Pro Hac Vice on behalf of Defendants, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC, designating Ashe P Puri as local counsel. (jp) (Entered: 06/14/2019) (1) |
| Jun 14, 2019 | 129 | ORDER by Judge R. Gary Klausner: granting 126 Non-Resident Attorney Archana Nath APPLICATION to Appear Pro Hac Vice on behalf of Defendants, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC, designating Ashe P Puri as local counsel. (jp) (Entered: 06/14/2019) (1) |
| Jun 14, 2019 | 130 | ORDER by Judge R. Gary Klausner: granting 127 Non-Resident Attorney Lukas D Toft APPLICATION to Appear Pro Hac Vice on behalf of Defendants, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC, designating Ashe P Puri as local counsel. (jp) (Entered: 06/14/2019) (1) |
| Jun 13, 2019 | 127 | APPLICATION of Non-Resident Attorney Lukas D. Toft to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23913804) filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order Granting Pro Hac Vice Application) (Puri, Asheesh) (Entered: 06/13/2019) (0) |
| Jun 12, 2019 | 125 | APPLICATION of Non-Resident Attorney Peter D. Stiteler to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC (Pro Hac Vice Fee - $400.00 Previously Paid on 6/12/2019, Receipt No. 26I3GT6C) filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order Granting Pro Hac Vice Application) (Puri, Asheesh) (Entered: 06/12/2019) (0) |
| Jun 12, 2019 | 126 | APPLICATION of Non-Resident Attorney Archana Nath to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23906385) filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order Granting Pro Hac Vice Application) (Puri, Asheesh) (Entered: 06/12/2019) (0) |
| Jun 11, 2019 | 124 | MINUTE (IN CHAMBERS) Order Re: Plaintiff's Motion to Enforce the Parties' Stipulation and Dismiss Count I Without Prejudice 116 by Judge R. Gary Klausner: The Court GRANTS Fulfillium's Motion and Dismisses Fulfillium's trade secret claim without prejudice. (SEE CIVIL MINUTE FOR FURTHER SPECIFICS). (jp) (Entered: 06/11/2019) (8) |
| Jun 6, 2019 | 123 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion to Enforce the Parties' Stipulation and Dismiss Count 1 Without Prejudice 116 , calendared for hearing on June 10, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 06/06/2019) (0) |
| May 29, 2019 | 121 | ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Reply (Motion related) 119 , for the following reasons: Document contains single-spaced text. See LR 11-3.6; (lc) (Entered: 05/29/2019) (1) |
| May 29, 2019 | 122 | REPLY NOTICE OF MOTION AND MOTION to Enforce The Parties' Stipulation and Dismiss Count I without Prejudice 116 CORRECTED filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of W. Cook Alciati, # 2 Exhibit 6 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated April 26, 2019, # 3 Exhibit 7 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 3, 2019, # 4 Exhibit 8 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 8, 2019, # 5 Exhibit 9 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 7, 2019, # 6 Exhibit 10 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 21, 2019)(Alciati, W) (Entered: 05/29/2019) (0) |
| May 27, 2019 | 120 | MINUTES (IN CHAMBERS) by Judge R. Gary Klausner: Order Re: Defendants' Motion to Stay or Amend the Scheduling Order and for Leave to File Additional Summary Judgment Briefing 101 . The Court DENIES Defendants ' motion. Defendants are entitled to file two summary judgment motions. (lc) (Entered: 05/28/2019) (7) |
| May 24, 2019 | 119 | REPLY In Support Of NOTICE OF MOTION AND MOTION to Enforce The Parties' Stipulation and Dismiss Count I without Prejudice 116 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of W. Cook Alciati in Support of Plaintiff's Reply, # 2 Exhibit 6 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated April 26 2019, # 3 Exhibit 7 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 3, 2019, # 4 Exhibit 8 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 8, 2019, # 5 Exhibit 9 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 7, 2019, # 6 Exhibit 10 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated May 21, 2019)(Alciati, W) Modified on 5/29/2019 (lc). (STRICKEN PER 5/29/19 ORDER) (Entered: 05/24/2019) (0) |
| May 20, 2019 | 118 | Opposition Opposition re: NOTICE OF MOTION AND MOTION to Enforce The Parties' Stipulation and Dismiss Count I without Prejudice 116 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Larina A. Alton, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order Denying Plaintiff's Motion)(Alton, Larina) (Entered: 05/20/2019) (0) |
| May 15, 2019 | 117 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants' Motion to Stay or Amend Scheduling Conference 101 , calendared for hearing on May 20, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 05/15/2019) (0) |
| May 13, 2019 | 116 | NOTICE OF MOTION AND MOTION to Enforce The Parties' Stipulation and Dismiss Count I without Prejudice Fulfillium, Inc.. Motion set for hearing on 6/10/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion to Enforce the Parties' Stipulation and Dismiss Count I without Prejudice, # 2 Declaration of W. Cook Alciati, # 3 Exhibit 1 to Alciati Declaration - Correspondence between Mr. Gray and Mr. Alciati dated November 12, 2018, # 4 Exhibit 2 to Alciati Declaration - December 18, 2018 Stipulation, # 5 Exhibit 3 to Alciati Declaration - Correspondence between Mr. Gray and Mr. Alciati dated November 15, 2018, # 6 Exhibit 4 to Alciati Declaration - Correspondence between Mr. Gray and Mr. Alciati dated November 23, 2018, # 7 Exhibit 5 to Alciati Declaration - Correspondence between Ms. Alton and Mr. Alciati dated March 31, 2019, # 8 Proposed Order) (Alciati, W) (Entered: 05/13/2019) (0) |
| May 7, 2019 | 114 | ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Response in Support of Motion 113 , for the following reasons: Reply exceeds this Court's 10-page limit. (lom) (Entered: 05/07/2019) (1) |
| May 7, 2019 | 115 | RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to AMEND OR STAY Scheduling Conference - optional html form, 87 101 CORRECTED filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Larina Alton 5 pages 327 kb, # 2 Exhibit 1 - March 31, 2019 Alciati Email to Alton Re CCP2019.210 6 pages 119 kb, # 3 Exhibit 2 - April 11, 2019 Toft Email to Alciati Re Meet and Confer 4 pages 92 kb, # 4 Exhibit 3 - December 20, 2018 Subpoena to Produce Document Re Apollo Endosurgery, Inc. 21 pages 847 kb)(Puri, Asheesh) (Entered: 05/07/2019) (0) |
| May 6, 2019 | 113 | STRICKEN, see docket entry no. 114 - RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to AMEND OR STAY Scheduling Conference - optional html form, 87 101 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Larina Alton 6 pages 304 kb, # 2 Exhibit 1 - March 31, 2019 Alciati Email to Alton Re CCP2019.210 6 pages 119 kb, # 3 Exhibit 2 - April 11, 2019 Toft Email to Alciati Re Meet and Confer 4 pages 92 kb, # 4 Exhibit 3 - December 20, 2018 Subpoena to Produce Document Re Apollo Endosurgery, Inc. 21 pages 847 kb)(Puri, Asheesh) Modified on 5/7/2019 (lom). (Entered: 05/06/2019) (0) |
| May 3, 2019 | 112 | MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams: denying 98 MOTION to Amend/Correct. (See document for details.) (sbou) (Entered: 05/03/2019) (2) |
| May 1, 2019 | 109 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion to Amend and Clarify the Scheduling Order 98 , calendared for hearing on May 6, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 05/01/2019) (0) |
| May 1, 2019 | 110 | MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court is in receipt of the parties' Notice of Agreed Upon Deposition Dates and Locations (ECF No. 108). It is hereby ordered that the depositions described in the Notice shall take place as set forth therein. 108 . (ch) (Entered: 05/01/2019) (1) |
| May 1, 2019 | 111 | MINUTE ORDER (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion to Amend and Clarify the Scheduling Order 98 filed on April 5, 2019, is hereby referred to Magistrate Judge Abrams. IT IS SO ORDERED. (lom) (Entered: 05/01/2019) (1) |
| Apr 30, 2019 | 108 | NOTICE of Taking Deposition filed by Plaintiff Fulfillium, Inc.. (Alciati, W) (Entered: 04/30/2019) (3) |
| Apr 29, 2019 | 107 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to AMEND OR STAY Scheduling Conference - optional html form, 87 101 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of W. Cook Alciati, # 2 Exhibit A - Stipulation Dated December 18, 2018, # 3 Exhibit B - Email Correspondence between Ms. Alton and Mr. Alciati dated March 31, 2019, # 4 Exhibit C - Email Correspondence between Ms. Alton and Mr. Alciati dated April 15, 2019, # 5 Exhibit D - Email Correspondence between Ms. Alton and Mr. Alciati dated April 17, 2019, # 6 Exhibit E - Asset Purchase Agreement dated December 17, 2018, # 7 Exhibit F - Email Correspondence between Ms. Alton and Mr. Alciati dated April 26, 2019, # 8 Exhibit G - Email Correspondence between Mr. Gray and Mr. Alciati dated November 12, 2018, # 9 Exhibit H - Federal Circuit Scheduling Conflicts Notice, # 10 Exhibit I - HealthCor Subpoena Response)(Alciati, W) (Entered: 04/29/2019) (0) |
| Apr 26, 2019 | 105 | Opposition to Plaintiff's Ex Parte Application to Compel Production of Documents and Deponents Opposition re: EX PARTE APPLICATION to Compel Production of Documents and Deponents 104 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Larina Alton ISO Opposition to Ex Parte, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Puri, Asheesh) (Entered: 04/26/2019) (0) |
| Apr 26, 2019 | 106 | MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. On April 25, 2019, plaintiff filed an Ex Parte Application to compel defendants to produce documents and deponents ("Application" or "App."), along with the declaration of W. Cook Alciati ("Alciati Decl.") and exhibits. (ECF No. 104). On April 26, 2019, defendants filed an Opposition to the Application (alternatively"Opp'n"), along with the declaration of Larina A. Alton ("Alton Decl.") and exhibits. (ECF No. 105). Plaintiff's Application is GRANTED IN PART. Both parties provide long explanations (which essentially boil down to blaming each other), for the current dispute and their inability to amicably resolve it. The Court finds that neither party is blameless in this deposition impasse and orders as follows: (1) NO LATER THAN MONDAY, APRIL 29, 2019, counsel shall telephonically confer and establish dates, times, and places for the depositions of Mr. Gladney, Mr. Youngstrom, and the 30(b)(6) witness(es); (2) Said depositions shall all be completed on or before June 15, 2019; (3) NO LATER THAN APRIL 30, 2019, the parties shall submit a notice to the Court of the agreed-upon dates, times, and locations for the depositions; (4) The parties are advised that if they are unable to reach an agreement as to the schedule for these depositions, the Court will unilaterally order their dates, times, and places, which may include weekends and evenings, and may be without regard to potential conflicts in counsels' or the witnesses' schedules. The Court anticipates that counsel, working together in good faith, will be able to schedule these (and all other depositions in this action) without the need for Court intervention. Defendants shall produce all documents responsive to plaintiff's document requests, as may have been modified, and may be further modified, by the parties' meet and confer agreements, NO LATER THAN MAY 17, 2019. Defendants' request for fees and costs associated with their Opposition (Oppn at 11) is DENIED. SEE ORDER FOR DETAILS. 104 (ch) (Entered: 04/26/2019) (3) |
| Apr 25, 2019 | 104 | EX PARTE APPLICATION to Compel Production of Documents and Deponents filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order, # 2 Declaration of W. Cook Alciati, # 3 Exhibit A to Alciati Declaration, # 4 Exhibit B to Alciati Declaration, # 5 Exhibit C to Alciati Declaration, # 6 Exhibit D to Alciati Declaration, # 7 Exhibit E to Alciati Declaration, # 8 Exhibit F to Alciati Declaration, # 9 Exhibit G to Alciati Declaration, # 10 Exhibit H to Alciati Declaration, # 11 Exhibit I to Alciati Declaration)(Alciati, W) (Entered: 04/25/2019) (0) |
| Apr 23, 2019 | 102 | NOTICE OF MOTION AND Joint MOTION for Protective Order filed by Plaintiff and Counterclaim Defendant Fulfillium, Inc.. Motion set for hearing on 5/22/2019 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: # 1 Proposed Order [Proposed] Stipulated Protective Order)(Alciati, W) (Entered: 04/23/2019) (0) |
| Apr 23, 2019 | 103 | PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams. 102 (ch) (Entered: 04/23/2019) (18) |
| Apr 22, 2019 | 100 | REPLY In Support Of NOTICE OF MOTION AND MOTION to Amend and Clarify the Court's Scheduling Order 98 filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Declaration of W. Cook Alciati, # 2 Exhibit B)(Alciati, W) (Entered: 04/22/2019) (0) |
| Apr 22, 2019 | 101 | NOTICE OF MOTION AND MOTION to AMEND OR STAY Scheduling Conference - optional html form, 87 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 5/20/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum MOTION TO AMEND SCHEDULING ORDER AND FOR LEAVE TO FILE SJ 21 pages 431 kb, # 2 Declaration of Alton ISO Plaintiff Motion to Amend 5 pages 223 kb, # 3 Exhibit A - Second Amend Complaint 104 pages 2129 kb, # 4 Exhibit B - Notice of Appeal 4 pages 229 kb, # 5 Exhibit C - Complaint 26 pages 1437 kb, # 6 Exhibit D - Stip and Order to Stay State Action 6 pages 236 kb, # 7 Exhibit E - 30b6 to ReShape 7 pages 154 kb, # 8 Exhibit F - Samuel Wu Deposition Subpoena 4 pages 543 kb, # 9 Exhibit G - Intersect Partners Subpoena 11 pages 698 kb, # 10 Exhibit H - George Wallace Deposition Subpoena 4 pages 542 kb, # 11 Exhibit I - Jeani Delagardelle Deposition Subpoena 4 pages 543 kb, # 12 Exhibit J - New Leaf Venture Partners Subpoena 11 pages 698 kb, # 13 Exhibit K - Proposed Schedule 2 page 8 kb, # 14 Exhibit L - April 19 email from Cook to Larina 3 page 85 kb, # 15 Proposed Order 3 pages 210 kb) (Puri, Asheesh) (Entered: 04/22/2019) (0) |
| Apr 15, 2019 | 99 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Amend and Clarify the Court's Scheduling Order 98 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Declaration of Larina Alton 3 pages 206 kb, # 2 Proposed Order 2 pages 195 kb)(Puri, Asheesh) (Entered: 04/15/2019) (0) |
| Apr 5, 2019 | 98 | NOTICE OF MOTION AND MOTION to Amend and Clarify the Court's Scheduling Order filed by Plaintiff Fulfillium, Inc.. Motion set for hearing on 5/6/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum In Support of Fulfillium's Motion to Amend and Clarify the Scheduling Order, # 2 Declaration of W. Cook Alciati, # 3 Exhibit A, # 4 Proposed Order) (Alciati, W) (Entered: 04/05/2019) (0) |
| Feb 19, 2019 | 97 | (IN CHAMBERS) Order Re: Plaintiff's Motion to Dismiss Defendants' Counterclaim 7-11 and 6th and 7th Affirmative Defenses (DE 75 ) by Judge R. Gary Klausner. On November 21, 2018, ReShape Medical and ReShape Lifesciences (collectively, "Defendants") filed its answer and counterclaims. Plaintiff filed the instant motion to dismiss Defendants' counterclaims 7-11 and 6th and 7th affirmative defenses on December 21, 2018 (DE 75). But on January 25, 2019, Defendants filed an amended answer and counterclaim that omits counterclaims 7-11 and the 6th and 7th affirmative defenses (DEs 93 , 94 ).Plaintiff's motion is DENIED AS MOOT. (bp) (Entered: 02/19/2019) (1) |
| Feb 15, 2019 | 96 | ANSWER to Amended Counterclaim, 94 JURY DEMAND. filed by Plaintiff and Counterclaim Defendant Fulfillium, Inc..(Alciati, W) (Entered: 02/15/2019) (8) |
| Feb 6, 2019 | 95 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Counter Defendant Fulfillium, Inc.'s Motion to Dismiss Counterclaims 7-11 and Motion to Strike Sixth and Seventh Affirmative Defenses 75 , calendared for hearing on February 11, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 02/06/2019) (0) |
| Jan 25, 2019 | 93 | ANSWER to Amended Complaint/Petition, 35 with JURY DEMAND filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC.(Puri, Asheesh) (Entered: 01/25/2019) (30) |
| Jan 25, 2019 | 94 | First AMENDED COUNTERCLAIM against Counter-Defendant Fulfillium, Inc. amending Answer to Complaint (Attorney Civil Case Opening), Counterclaim 90 ; JURY DEMAND, filed by Defendants and Counter-Plaintiffs ReShape LifeSciences, Inc., ReShape Medical LLC(Puri, Asheesh) (Entered: 01/25/2019) (8) |
| Jan 24, 2019 | 92 | [STRICKEN PURSUANT TO DOCKET ENTRY #92] RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim 90 by Judge R. Gary Klausner. The document is stricken. (bp) Modified on 1/25/2019 (bp). (Entered: 01/25/2019) (1) |
| Jan 23, 2019 | 91 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim 90 . The following error(s) was/were found: An answer and counterclaim are to be filed as separate pleadings.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bp) (Entered: 01/23/2019) (1) |
| Jan 18, 2019 | 90 | ANSWER to Amended Complaint/Petition, 35 with JURY DEMAND, COUNTERCLAIM against Fulfillium, Inc. filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC.(Puri, Asheesh) (Entered: 01/18/2019) (30) |
| Jan 15, 2019 | 88 | ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 9/9/2019 at 9:00 am; Jury Trial set for 9/24/2019 at 9:00 am. See Order for details. (sw) (Entered: 01/15/2019) (8) |
| Jan 15, 2019 | 89 | ORDER/REFERRAL to ADR Procedure No. 3 by Judge R. Gary Klausner. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 07/26/19. (sw) (Entered: 01/15/2019) (1) |
| Jan 14, 2019 | 87 | MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 3/1/2019. Discovery cut-off 6/26/2019. Motions due by 7/9/2019. Pretrial Conference set for 9/9/2019 at 9:00 am. Jury Trial set for 9/24/2019 at 9:00 am. Court Reporter: Sandra MacNeil. (sw) (Entered: 01/15/2019) (1) |
| Jan 11, 2019 | 86 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: granting 81 Non-Resident Attorney Larina A Alton APPLICATION to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, designating Ashe P Puri as local counsel. (jp) (Entered: 01/11/2019) (1) |
| Jan 9, 2019 | 85 | ORDER 75 by Judge R. Gary Klausner. IT IS HEREBY ORDEREDas follows: Reshape's Response to Fulfullium's Motion to Dismiss is now due on January 18, 2019, with the hearing on Fulfulliums Motion to Dismiss rescheduled for February 11, 2019, 78 (bp). (Entered: 01/10/2019) (2) |
| Jan 8, 2019 | 83 | SCHEDULING NOTICE TO PLAINTIFF AND ORDER by Judge R. Gary Klausner. Pursuant to Local Rule 5-4.4.2, counsel for plaintiff shall immediately submit the proposed order in connection with Docket Entry 73 (to the Judge's generic email address) in Word or Word Perfect format. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 01/08/2019) (0) |
| Jan 8, 2019 | 84 | DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re MOTION to Consolidate 73 . (jp) (Entered: 01/08/2019) (2) |
| Jan 7, 2019 | 82 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Fulfillium, Inc... (Attachments: # 1 Exhibit A - Proposed Schedule)(Alciati, W) (Entered: 01/07/2019) (0) |
| Jan 4, 2019 | 81 | APPLICATION of Non-Resident Attorney Larina A. Alton to Appear Pro Hac Vice on behalf of Defendants ReShape LifeSciences, Inc., ReShape Medical LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22991707) filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order Granting Application to Appear Pro Hac Vice) (Puri, Asheesh) (Entered: 01/04/2019) (0) |
| Jan 3, 2019 | 80 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY 77 by Judge R. Gary Klausner. (SEE ORDER FOR SPECIFICS) (bp). (Entered: 01/04/2019) (1) |
| Jan 2, 2019 | 79 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion to Consolidate Cases 73 , calendared for hearing on January 7, 2019, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 01/02/2019) (0) |
| Dec 28, 2018 | 77 | Request for Approval of Substitution of Counsel filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, Counter Claimants ReShape LifeSciences, Inc., ReShape Medical LLC (Attachments: # 1 Proposed Order Granting Substitution of Counsel)(Puri, Asheesh) (Entered: 12/28/2018) (0) |
| Dec 28, 2018 | 78 | STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Dismiss Counterclaims 7-11 NOTICE OF MOTION AND MOTION to Strike Sixth and Seventh Affirmative Defenses Answer to Complaint (Attorney Civil Case Opening), Counterclaim 72 75 filed by Defendants ReShape LifeSciences, Inc., ReShape Medical LLC. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Extend Deadline to Respond)(Attorney Asheesh Paul Puri added to party ReShape LifeSciences, Inc.(pty:dft), Attorney Asheesh Paul Puri added to party ReShape LifeSciences, Inc.(pty:cc), Attorney Asheesh Paul Puri added to party ReShape Medical LLC(pty:cc), Attorney Asheesh Paul Puri added to party ReShape Medical LLC(pty:dft))(Puri, Asheesh) (Entered: 12/28/2018) (0) |
| Dec 13, 2018 | 76 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner re: Motion to Dismiss Counterclaims 7-11; and Motion to Strike Sixth and Seventh Affirmative Defenses 75 , noticed for hearing on 01/14/2019 at 9:00 am have been CONTINUED TO 01/22/2019 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 12/13/2018) (0) |
| Dec 12, 2018 | 75 | NOTICE OF MOTION AND MOTION to Dismiss Counterclaims 7-11 , NOTICE OF MOTION AND MOTION to Strike Sixth and Seventh Affirmative Defenses Answer to Complaint (Attorney Civil Case Opening), Counterclaim 72 filed by Counter Defendant Fulfillium, Inc.. Motion set for hearing on 1/14/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Alciati, W) (Entered: 12/12/2018) (0) |
| Nov 26, 2018 | 73 | NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:18-cv-09291, filed by plaintiff Fulfillium, Inc.. Motion set for hearing on 1/7/2019 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Devlin, Timothy) (Entered: 11/26/2018) (0) |
| Nov 26, 2018 | 74 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim 72 . The following error(s) was/were found: Initial Pleadings: All initiating pleadings, including third-party complaints, complaints in intervention, counterclaims and cross claims, shall be filed as a separate document.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bp) (Entered: 11/27/2018) (1) |
| Nov 21, 2018 | 72 | ANSWER to Amended Complaint/Petition, 35 with JURY DEMAND, Affirmative Defenses and, COUNTERCLAIM against Fulfillium, Inc. filed by Defendants and Counter-Plaintiffs ReShape LifeSciences, Inc., ReShape Medical LLC.(Pisano, Nicola) (Entered: 11/21/2018) (30) |
| Nov 6, 2018 | 71 | (IN CHAMBERS) Order Re: Defendant's ReShape Medical LLC, ReShape Lifesciences, Inc., and Interested Partners, LLC's Motion to Dismiss (DE 56); Defendant SV Health Investors, LLC's Motion to Dismiss (DE 60) by Judge R. Gary Klausner: The Court GRANTS IN PART and DENIES IN PART ReShape Medical, ReShape Lifesciences, and Intersect's Motion, and the Court GRANTS SV Health's Motion in its entirety. (bp) (Entered: 11/07/2018) (12) |
| Oct 17, 2018 | 70 | SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendants Intersect Partners, LLC, ReShape LifeSciences, Inc. and ReShape Medical LLC's Motion to Dismiss Case 56 ; and Defendant SV Health Investors, LLC's Motion to Dismiss Case 60 , calendared for hearing on October 22, 2018, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY (Entered: 10/17/2018) (0) |
| Oct 5, 2018 | 66 | REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case 56 filed by Defendants Intersect Partners, LLC, ReShape LifeSciences, Inc., ReShape Medical LLC. (Gray, Justin) (Entered: 10/05/2018) (12) |
| Oct 5, 2018 | 67 | Notice of Appearance or Withdrawal of Counsel: for attorney Brendan Eugene Radke counsel for Defendant SV Health Investors, LLC. Adding Brendan E. Radke as counsel of record for SV Health Investors, LLC for the reason indicated in the G-123 Notice. Filed by defendant SV Health Investors, LLC. (Attorney Brendan Eugene Radke added to party SV Health Investors, LLC(pty:dft))(Radke, Brendan) (Entered: 10/05/2018) (2) |
| Oct 5, 2018 | 68 | REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 60 filed by Defendant SV Health Investors, LLC. (Stoll, Laura) (Entered: 10/05/2018) (11) |
| Oct 5, 2018 | 69 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAV VICE by Judge R. Gary Klausner: granting 65 Non-Resident Attorney W. Cook Alciati APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Fulfillium, Inc., designating Seth W. Wiener as local counsel. (bp) (Entered: 10/09/2018) (1) |
| Oct 3, 2018 | 65 | APPLICATION of Non-Resident Attorney W. Cook Alciati to Appear Pro Hac Vice on behalf of Plaintiff Fulfillium, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22521719) filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order) (Wiener, Seth) (Entered: 10/03/2018) (0) |
| Oct 1, 2018 | 63 | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 56 filed by Plaintiff Fulfillium, Inc.. (Devlin, Timothy) (Entered: 10/01/2018) (26) |
| Oct 1, 2018 | 64 | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 60 filed by Plaintiff Fulfillium, Inc.. (Devlin, Timothy) (Entered: 10/01/2018) (20) |
| Sep 30, 2018 | 62 | ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for January 14, 2019 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. Rule 26 Meeting Report due by 1/7/2019. (sw) (Entered: 09/30/2018) (1) |
| Sep 24, 2018 | 60 | NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant SV Health Investors, LLC. Motion set for hearing on 10/22/2018 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Request for Judicial Notice; Memorandum of Points and Authorities in Support Thereof, # 2 Declaration of Brendan E. Radke in Support of Defendant SV Health Investors, LLCs Motion to Dismiss and Request for Judicial Notice, # 3 Exhibit A to Radke Declaration, # 4 Exhibit B to Radke Declaration, # 5 Exhibit C to Radke Declaration, # 6 Exhibit D to Radke Declaration, # 7 Exhibit E to Radke Declaration, # 8 Exhibit F to Radke Declaration, # 9 Exhibit G to Radke Declaration, # 10 Proposed Order) (Attorney Laura Alexandra Stoll added to party SV Health Investors, LLC(pty:dft)) (Stoll, Laura) (Entered: 09/24/2018) (0) |
| Sep 24, 2018 | 61 | NOTICE of Interested Parties filed by Defendant SV Health Investors, LLC, identifying Certain funds bearing the name SV Life Sciences under SV Health Investors, LLCs management; CNA (insurance carrier); Chubb (insurance carrier). (Stoll, Laura) (Entered: 09/24/2018) (3) |
| Sep 21, 2018 | 53 | NOTICE of Appearance filed by attorney Nicola A Pisano on behalf of Defendants Intersect Partners, LLC, ReShape LifeSciences, Inc., ReShape Medical LLC (Attorney Nicola A Pisano added to party Intersect Partners, LLC(pty:dft), Attorney Nicola A Pisano added to party ReShape LifeSciences, Inc.(pty:dft), Attorney Nicola A Pisano added to party ReShape Medical LLC(pty:dft))(Pisano, Nicola) (Entered: 09/21/2018) (2) |
| Sep 21, 2018 | 54 | NOTICE of Appearance filed by attorney Jose L Patino on behalf of Defendants Intersect Partners, LLC, ReShape LifeSciences, Inc., ReShape Medical LLC (Attorney Jose L Patino added to party Intersect Partners, LLC(pty:dft), Attorney Jose L Patino added to party ReShape LifeSciences, Inc.(pty:dft), Attorney Jose L Patino added to party ReShape Medical LLC(pty:dft))(Patino, Jose) (Entered: 09/21/2018) (2) |
| Sep 21, 2018 | 55 | NOTICE of Appearance filed by attorney Justin E Gray on behalf of Defendants Intersect Partners, LLC, ReShape LifeSciences, Inc., ReShape Medical LLC (Attorney Justin E Gray added to party Intersect Partners, LLC(pty:dft), Attorney Justin E Gray added to party ReShape LifeSciences, Inc.(pty:dft), Attorney Justin E Gray added to party ReShape Medical LLC(pty:dft))(Gray, Justin) (Entered: 09/21/2018) (2) |
| Sep 21, 2018 | 56 | NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Intersect Partners, LLC, ReShape LifeSciences, Inc., ReShape Medical LLC. Motion set for hearing on 10/22/2018 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum, # 2 Declaration of Justin E. Gray, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Proposed Order) (Gray, Justin) (Entered: 09/21/2018) (0) |
| Sep 21, 2018 | 57 | NOTICE of Interested Parties filed by Defendant ReShape Medical LLC, identifying ReShape Lifesciences, Inc.. (Pisano, Nicola) (Entered: 09/21/2018) (1) |
| Sep 21, 2018 | 58 | NOTICE of Interested Parties filed by Defendant ReShape LifeSciences, Inc., identifying ReShape Medical LLC. (Pisano, Nicola) (Entered: 09/21/2018) (1) |
| Sep 21, 2018 | 59 | NOTICE of Interested Parties filed by Defendant Intersect Partners, LLC, (Pisano, Nicola) (Entered: 09/21/2018) (1) |
| Sep 5, 2018 | 49 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant Intersect Partners, LLC served on 8/31/2018, answer due 9/21/2018. Service of the Summons and Complaint were executed upon Justin Gray of Foley & Lardner in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. Amended Proof of Service (Devlin, Timothy) (Entered: 09/05/2018) (2) |
| Sep 5, 2018 | 50 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant ReShape LifeSciences, Inc. served on 8/31/2018, answer due 9/21/2018. Service of the Summons and Complaint were executed upon Justin Gray of Foley & Lardner in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. Amended Proof of Service (Devlin, Timothy) (Entered: 09/05/2018) (2) |
| Sep 5, 2018 | 51 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant ReShape Medical LLC served on 8/31/2018, answer due 9/21/2018. Service of the Summons and Complaint were executed upon Justin Gray of Foley & Lardner in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. Amended Proof of Service (Devlin, Timothy) (Entered: 09/05/2018) (2) |
| Sep 5, 2018 | 52 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant SV Health Investors, LLC served on 9/4/2018, answer due 9/25/2018. Service of the Summons and Complaint were executed upon Brendan Radke of Goodwin Procter LLP in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. Amended Proof of Service (Devlin, Timothy) (Entered: 09/05/2018) (2) |
| Aug 24, 2018 | 48 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant Intersect Partners, LLC served on 8/17/2018, answer due 9/7/2018. Service of the Summons and Complaint were executed upon Person authorized to accept service on behalf of Sierra Corporate Services - RENO in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Devlin, Timothy) (Entered: 08/24/2018) (3) |
| Aug 17, 2018 | 45 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant SV Health Investors, LLC served on 8/17/2018, answer due 9/7/2018. Service of the Summons and Complaint were executed upon Amy McLaren - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Devlin, Timothy) (Entered: 08/17/2018) (2) |
| Aug 17, 2018 | 46 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant ReShape LifeSciences, Inc. served on 8/17/2018, answer due 9/14/2018. Service of the Summons and Complaint were executed upon Amy McLaren - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Devlin, Timothy) (Entered: 08/17/2018) (2) |
| Aug 17, 2018 | 47 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant ReShape Medical LLC served on 8/17/2018, answer due 9/14/2018. Service of the Summons and Complaint were executed upon Amy McLaren - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Devlin, Timothy) (Entered: 08/17/2018) (2) |
| Aug 16, 2018 | 40 | 21 DAY Summons Issued re First Amended Complaint/Petition, 35 as to Defendant Intersect Partners, LLC. (bp) (Entered: 08/16/2018) (2) |
| Aug 16, 2018 | 41 | 21 DAY Summons Issued re First Amended Complaint/Petition, 35 as to Defendant ReShape LifeSciences, Inc.. (bp) (Entered: 08/16/2018) (2) |
| Aug 16, 2018 | 42 | 21 DAY Summons Issued re First Amended Complaint/Petition, 35 as to Defendant ReShape Medical LLC. (bp) (Entered: 08/16/2018) (2) |
| Aug 16, 2018 | 43 | 21 DAY Summons Issued re First Amended Complaint/Petition, 35 as to Defendant SV Health Investors, LLC. (bp) (Entered: 08/16/2018) (2) |
| Aug 16, 2018 | 44 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: granting 31 Non-Resident Attorney James Gorman III APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Fulfillium, Inc., designating Seth W. Wiener as local counsel. (bp) (Entered: 08/17/2018) (1) |
| Aug 15, 2018 | 35 | FIRST AMENDED COMPLAINT against Defendants ReShape LifeSciences, Inc., ReShape Medical LLC, SV Health Investors, LLC, Intersect Partners, LLC amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff Fulfillium, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit A)(Devlin, Timothy) (Entered: 08/15/2018) (0) |
| Aug 15, 2018 | 36 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 35 filed by Plaintiff Fulfillium, Inc.. (Devlin, Timothy) (Entered: 08/15/2018) (2) |
| Aug 15, 2018 | 37 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 35 filed by Plaintiff Fulfillium, Inc.. (Devlin, Timothy) (Entered: 08/15/2018) (2) |
| Aug 15, 2018 | 38 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 35 filed by Plaintiff Fulfillium, Inc.. (Devlin, Timothy) (Entered: 08/15/2018) (2) |
| Aug 15, 2018 | 39 | Request for Clerk to Issue Summons on Amended Complaint/Petition, 35 filed by Plaintiff Fulfillium, Inc.. (Devlin, Timothy) (Entered: 08/15/2018) (2) |
| Aug 14, 2018 | 34 | STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Fulfillium, Inc..(Devlin, Timothy) (Entered: 08/14/2018) (3) |
| Aug 9, 2018 | 33 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: granting 28 Non-Resident Attorney Timothy Delvin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Fulfillium, Inc., designating Seth W. Wiener as local counsel. (bp) (Entered: 08/09/2018) (1) |
| Aug 8, 2018 | 32 | NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:17-cv-08419-RGK-PLA, filed by Plaintiff Fulfillium, Inc.. Motion set for hearing on 9/10/2018 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Wiener, Seth) (Entered: 08/08/2018) (0) |
| Aug 6, 2018 | 31 | Amended APPLICATION of Non-Resident Attorney James Gorman III to Appear Pro Hac Vice on behalf of Plaintiff Fulfillium, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 7/27/2018, Receipt No. 26B85JBH) filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order) (Wiener, Seth) (Entered: 08/06/2018) (0) |
| Aug 5, 2018 | 28 | APPLICATION of Non-Resident Attorney Timothy Devlin to Appear Pro Hac Vice on behalf of Plaintiff Fulfillium, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 7/27/2018, Receipt No. 26B85JBH) filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order) (Wiener, Seth) (Entered: 08/05/2018) (0) |
| Aug 3, 2018 | 29 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE 23 by Judge R. Gary Klausner: denying Non-Resident Attorney Timothy Delvin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Fulfillium, Inc.. Terming Attorney Timothy Devlin. (bp) (Entered: 08/06/2018) (1) |
| Aug 3, 2018 | 30 | ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE 24 by Judge R. Gary Klausner: denying Non-Resident Attorney James Gorman III APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Fulfillium, Inc.. Terming Attorney James G Gorman, III. (bp) (Entered: 08/06/2018) (1) |
| Aug 2, 2018 | 27 | STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) (Entered: 08/02/2018) (8) |
| Jul 30, 2018 | 25 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Timothy Devlin to Appear Pro Hac Vice on behalf of Plaintiff Fulfillium, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22163508) 23 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lt) (Entered: 07/30/2018) (1) |
| Jul 30, 2018 | 26 | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney James Gorman III to Appear Pro Hac Vice on behalf of Plaintiff Fulfillium, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22163559) 24 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (lt) (Entered: 07/30/2018) (1) |
| Jul 27, 2018 | 21 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant Service of the Summons and Complaint were executed upon Amy McLaren, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Wiener, Seth) (Entered: 07/27/2018) (4) |
| Jul 27, 2018 | 22 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant Service of the Summons and Complaint were executed upon Amy McLaren, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Wiener, Seth) (Entered: 07/27/2018) (4) |
| Jul 27, 2018 | 23 | APPLICATION of Non-Resident Attorney Timothy Devlin to Appear Pro Hac Vice on behalf of Plaintiff Fulfillium, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22163508) filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order) (Wiener, Seth) (Entered: 07/27/2018) (0) |
| Jul 27, 2018 | 24 | APPLICATION of Non-Resident Attorney James Gorman III to Appear Pro Hac Vice on behalf of Plaintiff Fulfillium, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22163559) filed by Plaintiff Fulfillium, Inc.. (Attachments: # 1 Proposed Order) (Wiener, Seth) (Entered: 07/27/2018) (0) |
| Jul 26, 2018 | 18 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), 16 , Service of Summons and Complaint Returned Executed (21 days), 17 . The following error(s) was/were found: Title page is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 07/26/2018) (1) |
| Jul 26, 2018 | 19 | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: CV17-08419 RGK(PLAx). Case transferred from Judge David O. Carter and Magistrate Judge Karen E. Scott to Judge R. Gary Klausner and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV18-01265 RGK (PLAx). Signed by Judge R. Gary Klausne.r (lwag) (Entered: 07/26/2018) (1) |
| Jul 25, 2018 | 16 | **STRICKEN** PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant ReShape LifeSciences, Inc. served on 7/25/2018, answer due 8/15/2018. Service of the Summons and Complaint were executed upon ReShape Lifesciences, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Wiener, Seth) Modified on 7/27/2018 (yl). (Entered: 07/25/2018) (2) |
| Jul 25, 2018 | 17 | PROOF OF SERVICE Executed by Plaintiff Fulfillium, Inc., upon Defendant ReShape Medical LLC served on 7/25/2018, answer due 8/15/2018. Service of the Summons and Complaint were executed upon Amy McLaren, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Wiener, Seth) (Entered: 07/25/2018) (2) |
| Jul 25, 2018 | 20 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Service of Summons and Complaint Returned Executed (21 days), 16 , Service of Summons and Complaint Returned Executed (21 days), 17 by Judge R. Gary Klausner. The document is stricken and counsel is ordered to file an amended or corrected document by 8/2/2018. (yl) (Entered: 07/27/2018) (1) |
| Jul 23, 2018 | 9 | NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Karen E. Scott. (ghap) (Entered: 07/23/2018) (1) |
| Jul 23, 2018 | 10 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 07/23/2018) (2) |
| Jul 23, 2018 | 11 | NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Summons Request 3 , Subpoena Request (AO 88), Summons Request 4 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Summons Request. (ghap) (Entered: 07/23/2018) (1) |
| Jul 23, 2018 | 12 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Timothy Devlin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 07/23/2018) (1) |
| Jul 23, 2018 | 13 | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James Gorman III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 07/23/2018) (1) |
| Jul 23, 2018 | 14 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant ReShape LifeSciences, Inc. (ghap) (Entered: 07/23/2018) (2) |
| Jul 23, 2018 | 15 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant ReShape Medical LLC. (ghap) (Entered: 07/23/2018) (2) |
| Jul 20, 2018 | 2 | CIVIL COVER SHEET filed by Plaintiff Fulfillium, Inc.. (Wiener, Seth) (Entered: 07/20/2018) (3) |
| Jul 20, 2018 | 3 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Fulfillium, Inc.. (Wiener, Seth) (Entered: 07/20/2018) (2) |
| Jul 20, 2018 | 4 | Request for Clerk to Issue Subpoena filed by Plaintiff Fulfillium, Inc.., Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Fulfillium, Inc.. (Wiener, Seth) (Entered: 07/20/2018) (2) |
| Jul 20, 2018 | 5 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fulfillium, Inc.. (Wiener, Seth) (Entered: 07/20/2018) (1) |
| Jul 20, 2018 | 6 | NOTICE of Interested Parties filed by Plaintiff Fulfillium, Inc., identifying Fulfillium, Inc.. (Wiener, Seth) (Entered: 07/20/2018) (1) |
| Jul 20, 2018 | 7 | NOTICE of Related Case(s) filed by Plaintiff Fulfillium, Inc.. Related Case(s): 2:17-cv-08419-RGK-PLA (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wiener, Seth) (Entered: 07/20/2018) (0) |
| Jul 20, 2018 | 8 | NOTICE of Related Case(s) filed by Plaintiff Fulfillium, Inc.. Amended Related Case(s): 2:17-cv-08419-RGK-PLA (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wiener, Seth) (Entered: 07/20/2018) (0) |
| Jul 20, 2018 | 1 | Complaint* (1) |
