Case number 1:21-cv-01317
Sight Sciences, Inc. v. Ivantis, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 21, 2023 | 288 | MOTION for Pro Hac Vice Appearance of Attorney W. Todd Baker - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 09/21/2023) (4) |
| Sep 19, 2023 | 287 | CLAIM CONSTRUCTION ORDER. Signed by Judge Gregory B. Williams on 9/19/23. (ntl) (Entered: 09/19/2023) (2) |
| Sep 15, 2023 | 286 | MOTION for Pro Hac Vice Appearance of Attorney Joseph Van Tassel - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Hallowell, Taylor) (Entered: 09/15/2023) (2) |
| Sep 13, 2023 | 285 | NOTICE to Take Deposition of Stephen G. Kunin on September 22, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 09/13/2023) (2) |
| Sep 12, 2023 | 283 | MOTION for Pro Hac Vice Appearance of Attorney Emily C. Sheffield - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Keller, Karen) (Entered: 09/12/2023) (4) |
| Sep 12, 2023 | 284 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Third Supplemental Objections & Responses to Defendants' Third Set of Interrogatories (No. 13) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 09/12/2023) (3) |
| Sep 8, 2023 | 281 | NOTICE OF SERVICE of 1) Reply Expert Report of Andrew G. Iwach, M.D.; 2) Reply Expert Report of Joseph A. Izatt, Ph.D.; 3) Reply Expert Report of Stephen G. Kunin, in Response to the Corrected Rebuttal Expert Report of Dr. J. Crawford Downs; and 4) Reply Expert Report of Angelo P. Tanna, M.D. on Invalidity of U.S. Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328 filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Hoeschen, Nathan) (Entered: 09/08/2023) (3) |
| Sep 8, 2023 | 282 | NOTICE to Take Deposition of of Plaintiff's Experts filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Hoeschen, Nathan) (Entered: 09/08/2023) (2) |
| Sep 7, 2023 | 280 | NOTICE OF SERVICE of (1) Reply Expert Report of Dr. J. Crawford Downs on Infringement of U.S. Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328; (2) Reply Expert Report of Dr. John Galanis on Infringement of United States Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328; (3) Reply Expert Report of John C. Jarosz; (4) Reply Expert Report of Dr. Richard Parrish; (5) Expert Report of Daniel Schultz, M.D. filed by Sight Sciences, Inc..(Sharp, Melanie) (Entered: 09/07/2023) (3) |
| Sep 6, 2023 | 279 | NOTICE to Take Deposition of Defendants' Experts filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 09/06/2023) (2) |
| Aug 24, 2023 | 277 | NOTICE OF SERVICE of the Corrected Rebuttal Expert Report of Dr. J. Crawford Downs on Invalidity of U.S. Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 08/24/2023) (3) |
| Aug 24, 2023 | 278 | PROPOSED ORDER [Proposed] Claim Construction Order re 273 Memorandum and Order by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 08/24/2023) (2) |
| Aug 22, 2023 | 276 | MOTION for Pro Hac Vice Appearance of Attorney Jeffrey Karr - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Hallowell, Taylor) (Entered: 08/22/2023) (2) |
| Aug 18, 2023 | 275 | NOTICE OF SERVICE of 1) Rebuttal Expert Report of Angelo P. Tanna M.D. 2) Rebuttal Expert Report of Andrew G Iwach, M.D. 3) Expert Rebuttal Report of Paul K. Meyer 4) Expert Report of Professor David Gal, Ph.D. 5) Rebuttal Expert Report of Joseph A. Izatt, Ph.D. 6) Expert Report of Karen M. Becker, Ph.D. filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Keller, Karen) (Entered: 08/18/2023) (3) |
| Aug 17, 2023 | 273 | MEMORANDUM ORDER re 139 Objections are OVERRULED and 134 REPORT AND RECOMMENDATION is ADOPTED. Signed by Judge Gregory B. Williams on 8/17/23. (ntl) Modified on 8/17/2023 (ntl). (Entered: 08/17/2023) (11) |
| Aug 17, 2023 | 274 | NOTICE OF SERVICE of (1) Rebuttal Expert Report of Dr. J. Crawford Downs on Invalidity of U.S. Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328; (2) Rebuttal Expert Report of Dr. Richard Parrish filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 08/17/2023) (3) |
| Aug 15, 2023 | 271 | REDACTED VERSION of 265 Letter, by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 08/15/2023) (30) |
| Aug 15, 2023 | 272 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s First Supplemental Objections and Responses to Defendants' Second Set of Requests for Admission (Nos. 11, 12, 13, 15, 22, 27, 28, 36, 37, 40, 41) filed by Sight Sciences, Inc..(Sharp, Melanie) (Entered: 08/15/2023) (3) |
| Aug 14, 2023 | 270 | REDACTED VERSION of 264 Letter by Sight Sciences, Inc.. (Higgins, James) Modified on 8/15/2023 (lih). (Entered: 08/14/2023) (30) |
| Aug 11, 2023 | 268 | Letter to The Honorable Sherry R. Fallon from Andrew E. Russell regarding transferred subpoena. (Russell, Andrew) (Entered: 08/11/2023) (1) |
| Aug 11, 2023 | 269 | Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Transferred Subpoena - re 268 Letter. (Sharp, Melanie) (Entered: 08/11/2023) (1) |
| Aug 10, 2023 | 267 | NOTICE to Take Deposition of Catherine Truitt on August 24, 2023 filed by Sight Sciences, Inc..(Higgins, James) (Entered: 08/10/2023) (2) |
| Aug 9, 2023 | 266 | ORAL ORDER re 264 Letter: The Court having reviewed the parties' discovery dispute letter submissions (D.I. 264; D.I. 265), IT IS ORDERED that Plaintiff's motion to preclude Alcon from relying on IVANTIS_SS_00458207-00459034 and/or the testimony of Alcon's employee, Catherine Truitt, is DENIED without prejudice. On July 21, 2023, during preparation for Badawi's deposition, Alcon discovered and produced 190 documents, mainly Truitt's communications including Plaintiff's CEO, Paul Badawi. (D.I. 264 at 1; D.I. 265 at 1) Plaintiff contends that Alcon should be precluded from relying on these documents because they were produced nearly a month after the close of fact discovery. (D.I. 264 at 1) Rule 37(c)(1) provides that "[i]f a party fails to provide information... as required by Rule 26(a) or (e), the party is not allowed to use that information... to supply evidence on a motion, at a hearing, or at trial, unless the failure was substantially justified or is harmless." Fed. R. Civ. P. 37(c)(1). To determine whether a belated production is harmless, courts in the Third Circuit consider the five Pennypack factors. Meyers v. Pennypack Woods Home Ownership Assn, 559 F.2d 894, 905 (3d Cir. 1977). On balance, the five factors do not weigh in favor of the extreme sanction of excluding the evidence. See Konstantopoulos v. Westvaco Corp., 112 F.3d 710, 719 (3d Cir. 1997). First, Plaintiff has not shown undue prejudice resulting from the late production of 190 documents. It is undisputed that all but five of the documents were sent to or from Badawi or Sight, thus, Sight had possession of them even though they had not been disclosed by Sight in its production of Badawi's custodial ESI. See Daugherty v. Ocwen Loan Servicing, LLC, 701 F. App'x 246, 253 (4th Cir. 2017) (finding untimely disclosure was harmless where the defendant had the documents in its possession). Second, any prejudice resulting from the late production of the five presentations can be cured by deposing Truitt as the custodian of the documents designated to testify as a 30(b)(6) witness on August 24 on this subject matter. (D.I. 264, Ex. 6) Third, the late-produced documents are not likely to disrupt the trial schedule. References to the documents can be made in rebuttal and reply expert reports due on August 17 and September 7, respectively. (D.I. 93 at ¶ 2(i)(ii)-(iii)) Fourth, Plaintiff has not shown Alcons failure to timely produce the documents was the result of bad faith or willfulness. Plaintiff argues that Alcon should have identified Truitt and produced her documents after Plaintiff served Request for Production Nos. 156 and 157 in November of 2022. (D.I. 264 at 4; Ex. 2 at 15-16) But Truitt (unlike Badawi) was not an ESI custodian, and Plaintiff indicated it was satisfied with Alcon's responses to Request for Production Nos. 156 and 156 months before the close of fact discovery. (Id., Ex. 5 at 3) The fifth Pennypack factor is neutral. The late-produced documents are relevant to the value of the technology at issue and Plaintiff's own products that embody the asserted patents. (See, e.g., id., Ex. 11 at IVANTIS_SS_00458998; Ex. 13 at IVANTIS_SS_00459005) However, there is no argument that the viability of the parties' damages theories depends on these late-produced documents. On balance, the Court finds that the Pennypack factors weigh against the "extreme sanction" of excluding the evidence. Pennypack, 559 F.2d at 905. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for August 10, 2023 at 2:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 8/9/2023. (lih) (Entered: 08/09/2023) (0) |
| Aug 8, 2023 | 265 | [SEALED] Letter to The Honorable Sherry R. Fallon from Karen E. Keller re 264 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Keller, Karen) Modified on 8/8/2023 (lih). (Entered: 08/08/2023) (0) |
| Aug 7, 2023 | 264 | [SEALED] Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Motion to Preclude Reliance on Documents and Testimony from Catherine Truitt. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Certificate of Service)(Sharp, Melanie) (Entered: 08/07/2023) (0) |
| Aug 1, 2023 | 261 | NOTICE OF SERVICE of Defendants' Amended Notice of Deposition of Mark Papini Pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 08/01/2023) (3) |
| Aug 1, 2023 | 262 | REDACTED VERSION of 252 Letter, by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 08/01/2023) (30) |
| Aug 1, 2023 | 263 | REDACTED VERSION of 250 Letter, by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 08/01/2023) (30) |
| Jul 28, 2023 | 260 | STIPULATION TO EXTEND TIME to submit redacted versions of docket items 250 and 252 to August 1, 2023 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Hoeschen, Nathan) (Entered: 07/28/2023) (1) |
| Jul 27, 2023 | 259 | SO ORDERED- re 258 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 8/10/2023 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 8/9/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 8/7/2023, Responsive submission due by no later than 11:00 AM on 8/8/2023). Signed by Judge Sherry R. Fallon on 7/27/2023. (lih) (Entered: 07/27/2023) (0) |
| Jul 26, 2023 | 258 | Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Sharp, Melanie) (Entered: 07/26/2023) (3) |
| Jul 25, 2023 | 257 | STIPULATION TO EXTEND TIME to submit redacted versions of docket items 250 and 252 to July 28, 2023 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Hoeschen, Nathan) (Entered: 07/25/2023) (1) |
| Jul 24, 2023 | 255 | NOTICE of Withdrawal of Pro Hac Vice Counsel, David Murdter by Sight Sciences, Inc. (Hallowell, Taylor) (Entered: 07/24/2023) (2) |
| Jul 24, 2023 | 256 | ORAL ORDER re 250 Letter: The Court having reviewed the parties' discovery dispute letter submissions (D.I. 250; D.I. 252), IT IS ORDERED that Defendants' motion to preclude late-produced documents from Dr. Galanis and testimony relating to those documents is DENIED without prejudice. Rule 37(c)(1) provides that "[i]f a party fails to provide information... as required by Rule 26(a) or (e), the party is not allowed to use that information... to supply evidence on a motion, at a hearing, or at trial, unless the failure was substantially justified or is harmless." Fed. R. Civ. P. 37(c)(1). To determine whether a belated production is harmless, courts in the Third Circuit consider the five Pennypack factors. Here, one key fact informs the analysis of all five Pennypack factors: the late production comprises only sixteen single-page text exchange screenshots and two video links. (D.I. 250, Ex. 9) Thus, this case is dissimilar from Defendants' cited authority at the outset. See, e.g., Archer v. Defs., Inc., C.A. No. 18-470-SB, 2021 WL 3033347 (D. Del. Jul. 19, 2021) (precluding belated production of 60,000 sales data points). Additional facts further support the Court's conclusion that each of the Pennypack factors weighs against granting Defendants' motion to preclude. See Konstantopoulos v. Westvaco Corp., 112 F.3d 710, 719 (3d Cir. 1997). First, Defendants have not persuasively shown that they are unduly prejudiced or surprised by the production of eighteen documents from Dr. Galanis which were also in the possession of Defendants' own sales representative. See Daugherty v. Ocwen Loan Servicing, LLC, 701 F. App'x 246, 253 (4th Cir. 2017) (finding untimely disclosure was harmless where the defendant already had its own copies of the same documents). Defendants had been on notice of Plaintiff's theory that Defendants' sales representatives encouraged infringing uses at least since the service of Plaintiff's initial infringement contentions in August of 2022. (D.I. 252, Ex. 6 at 13, 38) Second, on July 12, 2023, Plaintiff made an offer to cure the prejudice by permitting an additional 90 minutes of fact deposition testimony from Dr. Galanis on July 25 or July 27 in accordance with Defendants' prior request. (D.I. 250, Ex. 10) The timing would have allowed sufficient opportunity for Defendants to incorporate any new fact deposition testimony into rebuttal expert reports due nearly a month later, on August 17, in satisfaction of the third Pennypack factor. (D.I. 93 at ¶ 2(i)(ii)) Fourth, there is no indication of bad faith or willfulness in failing to timely disclose the evidence. Plaintiff confirms that the documents were discovered during a preparation session for Dr. Galanis' deposition the following day, and the documents were produced within hours of their discovery. (D.I. 252 at 1) Defendants' allegation of "sandbagging" is at odds with the small scale of the production. (D.I. 250 at 4) The fifth and final Pennypack factor is neutral. The late-produced documents are relevant to Plaintiff's pleaded theory that Defendants and their agents promoted a specific infringing use of the accused product. (D.I. 59 at ¶ 73-74) Nonetheless, Defendants have not argued that the viability of this theory rests solely on the eighteen late-produced documents. On balance, the Court finds that the Pennypack factors weigh against the "extreme sanction" of excluding the evidence. Meyers v. Pennypack Woods Home Ownership Assn, 559 F.2d 894, 905 (3d Cir. 1977) (internal citations omitted). This ruling is without prejudice for Defendants to proceed with a 90-minute fact deposition of Dr. Galanis on July 25, July 27, or on a mutually agreeable date so long as it occurs reasonably in advance of the deadline for expert rebuttal reports on August 17. IT IS FURTHER ORDERED that the discovery dispute teleconference set in this matter for July 26, 2023 at 3:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 7/24/2023. (lih) (Entered: 07/24/2023) (0) |
| Jul 21, 2023 | 254 | NOTICE OF SERVICE of Opening Expert Report of Angelo P. Tanna M.D. on the Invalidity of U.S. Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328 (Corrected) filed by Ivantis, Inc..(Keller, Karen) (Entered: 07/21/2023) (3) |
| Jul 19, 2023 | 252 | [SEALED] Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp re 250 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Certificate of Service)(Sharp, Melanie) Modified on 7/19/2023 (lih). (Entered: 07/19/2023) (0) |
| Jul 19, 2023 | 253 | REDACTED VERSION of 238 Letter, by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 07/19/2023) (30) |
| Jul 18, 2023 | 250 | [SEALED] Letter to The Honorable Judge Sherry R. Fallon from Karen E. Keller regarding Discovery Dispute . (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Certificate of Service)(Keller, Karen) Modified on 7/18/2023 (lih). (Entered: 07/18/2023) (0) |
| Jul 18, 2023 | 251 | STIPULATION TO EXTEND TIME to submit a redacted version of Plaintiff's Letter (D.I. 238) to July 19, 2023 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 07/18/2023) (1) |
| Jul 17, 2023 | 247 | SO ORDERED- re 246 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 7/26/2023 at 03:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 7/25/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 7/18/2023, Responsive submission due by no later than 11:00 AM on 7/19/2023). Signed by Judge Sherry R. Fallon on 7/17/2023. (lih) (Entered: 07/17/2023) (0) |
| Jul 17, 2023 | 248 | REDACTED VERSION of 236 Letter, by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 07/17/2023) (30) |
| Jul 17, 2023 | 249 | NOTICE OF SERVICE of the Supplemental Expert Report of John C. Jarosz filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 07/17/2023) (3) |
| Jul 14, 2023 | 246 | Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Keller, Karen) (Entered: 07/14/2023) (2) |
| Jul 13, 2023 | 244 | NOTICE OF SERVICE of (1) the Opening Expert Report of Dr. J. Crawford Downs on Infringement of U.S. Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328; (2) the Opening Expert Report of Dr. John Galanis on Infringement of United States Patent Nos. 9,486,361; 10,314,742; and 11,389,328; (3) the Expert Report of John C. Jarosz; (4) the Declaration of Mark Papini filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 07/13/2023) (3) |
| Jul 13, 2023 | 245 | NOTICE OF SERVICE of 1) Opening Expert Report of Angelo P. Tanna M.D. on the Invalidity of U.S. Patent Nos. 8,287,482; 9,370,443; 9,486,361; 10,314,742; and 11,389,328, and 2) Opening Expert Report of Joseph A. Izatt, Ph.D. filed by Ivantis, Inc..(Keller, Karen) (Entered: 07/13/2023) (3) |
| Jul 11, 2023 | 238 | [SEALED] Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Defendants' Letter (D.I. 236) - re 236 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Certificate of Service)(Sharp, Melanie) (Entered: 07/11/2023) (0) |
| Jul 11, 2023 | 239 | ORAL ORDER re 236 Letter; 238 Letter: The Court having reviewed the parties' discovery dispute letter submissions (D.I. 236; D.I. 238), IT IS ORDERED that Defendants' motion to compel the production of attachments referenced in lesser-included content of produced emails is GRANTED, and Plaintiff shall search for and produce the missing email attachments on or before July 17, 2023. The parties' stipulated order regarding the discovery of ESI requires the production of "complete Document Families where any portion of the Family contains relevant information." (D.I. 49 at ¶ 4(e)) The stipulated order defines the term "family" without expressly including the caveats to the definition now proposed in Plaintiff's responsive letter. (Compare id. with D.I. 238 at 1) Producing attachments to email correspondence is standard practice. See, e.g., Huber Engineered Woods LLC v. Louisiana-Pacific Corp., C.A. No. 19-342-GBW-SRF, 2023 WL 1765557, at *1 (D. Del. Jan. 23, 2023) (compelling parties to seek production of email attachment from a third party); Zawadsky v. Bankers Std. Ins. Co., 2015 WL 10853517, at *4 (D.N.J. Dec. 30, 2015) (finding Poulis factors weighed in favor of discovery sanctions in part because of defendants' "unexplained failure to produce [email] attachments in earlier productions"). As the producing party, Plaintiff bears the burden of ensuring the completeness of the production. See DataTreasury Corp. v. Wells Fargo & Co., 2010 WL 11468809, at *5 (E.D. Tex. Mar. 9, 2010) ("As in the customary course of litigation, the Court entrusts the producing party with the responsibility for completeness of production."). Defendants were able to provide Plaintiff with a representative list to demonstrate the extent to which attachments were largely missing from Plaintiff's email production. (D.I. 236, Ex. 7 at 2) The Court finds that by doing so, Defendants were not assuming the full obligation that was Plaintiff's from the start to ensure the completeness of its document production. Plaintiff has not identified any specific burden associated with the requested production, instead focusing on the alleged untimeliness of the request and generally stating that additional collection and review would be costly and time consuming. (D.I. 238 at 2-3) Plaintiff asserts that the attachments were reviewed and determined to be nonresponsive without specifying the criteria applied to reach that determination. (D.I. 238 at 2) IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for July 13, 2023 at 1:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 7/11/2023. (lih) (Entered: 07/11/2023) (0) |
| Jul 11, 2023 | 240 | REDACTED VERSION of 222 Letter,, by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 07/11/2023) (30) |
| Jul 11, 2023 | 241 | REDACTED VERSION of 226 Letter, by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 07/11/2023) (30) |
| Jul 11, 2023 | 242 | REDACTED VERSION of 223 Letter,, by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 07/11/2023) (30) |
| Jul 11, 2023 | 243 | REDACTED VERSION of 225 Letter, by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 07/11/2023) (30) |
| Jul 10, 2023 | 236 | [SEALED] Letter to The Honorable Sherry R. Fallon from Karen E. Keller regarding Defendants' Motion to Compel. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(Keller, Karen) (Entered: 07/10/2023) (0) |
| Jul 10, 2023 | 237 | NOTICE OF SERVICE of 1. Subpoena to Testify at a Deposition directed to Steven A. McAuley 2. Subpoena to Testify at a Deposition directed to Arsham Sheybani filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Keller, Karen) (Entered: 07/10/2023) (3) |
| Jul 7, 2023 | 235 | STIPULATION TO EXTEND TIME to File Redacted Versions of Letters regarding Discovery Disputes to July 11, 2023 - filed by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 07/07/2023) (3) |
| Jul 5, 2023 | 232 | MOTION for Pro Hac Vice Appearance of Attorney Lydia B. Cash - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Keller, Karen) (Entered: 07/05/2023) (4) |
| Jul 5, 2023 | 233 | STIPULATION TO EXTEND TIME to File Redacted Versions of Letters regarding Discovery Disputes to July 7, 2023 - filed by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 07/05/2023) (3) |
| Jul 5, 2023 | 234 | NOTICE of Withdrawal of Pro Hac Vice Counsel, Cameron C. Vanderwall by Sight Sciences, Inc. (Hallowell, Taylor) (Entered: 07/05/2023) (2) |
| Jul 3, 2023 | 231 | MEMORANDUM ORDER- re 222 Letter, 223 Letter, 225 Letter and 226 Letter. Signed by Judge Sherry R. Fallon on 7/3/2023. IT IS FURTHER ORDERED that the discovery dispute motion hearing set in this matter for 3:00 p.m. on 7/5/2023 is CANCELLED.This order has been emailed to local counsel. (lih) (Entered: 07/03/2023) (17) |
| Jun 30, 2023 | 229 | NOTICE OF SERVICE of (1) Defendants' Notice of Deposition of Reay Brown Pursuant to Fed. R. Civ. P. 30(b)(1); (2) Defendants' Notice of Deposition of Mark Papini Pursuant to Fed. R. Civ. P. 30(b)(1); (3) Defendants' Subpoena to Testify at a Deposition to Andres Rivero; (4) Defendants' Fourth Supplemental Objections and Responses to Sight Sciences' First Set of Interrogatories (Nos. 1-6); (5) Defendants' Second Supplemental Objections and Responses to Sight Sciences' Second Set of Interrogatories (Nos. 7-19); (6) Defendants' Objections and Responses to Sight Sciences' First Set of Requests for Admission (Nos. 1-39); and (7) Defendants' Second Supplemental Initial Invalidity Contentions filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Keller, Karen) (Entered: 06/30/2023) (3) |
| Jun 30, 2023 | 230 | SO ORDERED- re 227 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 7/13/2023 at 01:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 7/12/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. IT IS FURTHER ORDERED that briefing is limited to no more than three pages. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 10:00 AM on 7/10/2023, Responsive submission due by no later than 10:00 AM on 7/11/2023). Signed by Judge Sherry R. Fallon on 6/30/2023. (lih) (Entered: 06/30/2023) (0) |
| Jun 29, 2023 | 227 | Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(DiBenedetto, Emily) Modified on 6/30/2023 (lih). (Entered: 06/29/2023) (2) |
| Jun 29, 2023 | 228 | NOTICE OF SERVICE of (1) Plaintiff Sight Sciences, Inc.'s Fourth Supplemental Objections & Responses to Defendants' First Set of Interrogatories (Nos. 2, 5), Second Supplemental Objections & Responses to Defendants' Third Set of Interrogatories (Nos. 12-13, 16), and Supplemental Objections & Responses to Defendants' Fourth Set of Interrogatories (Nos. 19-20); (2) Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendants' Fifth Set of Interrogatories (Nos. 22-25); (3) Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendants' Third Set of Requests for Production (Nos. 99-139); (4) Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendants' Second Set of Requests for Admission (Nos. 3-50); (5) Plaintiff Sight Sciences, Inc.'s Third Amended Initial Rule 26(a)(1) Disclosures filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/29/2023) (3) |
| Jun 28, 2023 | 225 | [SEALED] Letter to The Honorable Judge Sherry R. Fallon from Karen E. Keller regarding Responsive Submission regarding Discovery Disputes . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Certificate of Service)(Keller, Karen) Modified on 6/29/2023 (lih). (Entered: 06/28/2023) (0) |
| Jun 28, 2023 | 226 | [SEALED] Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp re 223 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Certificate of Service)(Sharp, Melanie) Modified on 6/29/2023 (lih). (Entered: 06/28/2023) (0) |
| Jun 27, 2023 | 222 | [SEALED] Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Discovery Disputes. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Certificate of Service)(Sharp, Melanie) Modified on 6/27/2023 (lih). (Entered: 06/27/2023) (0) |
| Jun 27, 2023 | 223 | [SEALED] Letter to The Honorable Judge Sherry R. Fallon from Karen E. Keller regarding Discovery Disputes. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19)(Keller, Karen) Modified on 6/27/2023 (lih). (Additional attachment(s) added on 6/27/2023: # 21 Certificate of Service) (lih). (Entered: 06/27/2023) (0) |
| Jun 27, 2023 | 224 | NOTICE of Appearance by Karen Elizabeth Keller on behalf of Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc. (Keller, Karen) (Entered: 06/27/2023) (2) |
| Jun 26, 2023 | 220 | MOTION for Pro Hac Vice Appearance of Attorney Sean M. McEldowney - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 06/26/2023) (4) |
| Jun 26, 2023 | 221 | NOTICE OF SERVICE of Defendants' Fourth Amended Initial Disclosures pursuant to Rule 26(a)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/26/2023) (3) |
| Jun 23, 2023 | 219 | SO ORDERED- re 216 MOTION for Teleconference to Resolve Discovery and Protective Order Disputes, 217 Joint MOTION for Teleconference to Resolve Discovery Dispute, 218 Joint MOTION for Teleconference to Resolve Discovery and Protective Order Disputes. An In-person Motion Hearing is set for 7/5/2023 at 03:00 PM in Courtroom 6C before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. IT IS FURTHER ORDERED that briefing is limited to no more than five pages. The Court may choose to resolve the disputes prior to the hearing and will, in that event, cancel the hearing. Set Deadlines: (Moving Submission due by no later than 11:00 a.m. on 6/27/2023, Responsive submission due by no later than 11:00 a.m. on 6/28/2023). Signed by Judge Sherry R. Fallon on 6/23/2023. (lih) (Entered: 06/23/2023) (0) |
| Jun 22, 2023 | 214 | MOTION for Pro Hac Vice Appearance of Attorney Dustin M. Knight and Bonnie Fletcher Price - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Hallowell, Taylor) (Entered: 06/22/2023) (3) |
| Jun 22, 2023 | 215 | NOTICE OF SERVICE of Defendants' Supplemental Objections and Responses to Plaintiff Sight Sciences, Inc's Second Set of Interrogatories (Nos. 7-19) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/22/2023) (3) |
| Jun 22, 2023 | 216 | MOTION for Teleconference to Resolve Discovery and Protective Order Disputes - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Sharp, Melanie) (Entered: 06/22/2023) (4) |
| Jun 22, 2023 | 217 | Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 06/22/2023) (2) |
| Jun 22, 2023 | 218 | Joint MOTION for Teleconference to Resolve Discovery and Protective Order Disputes (Supplemented) re 216 MOTION for Teleconference to Resolve Discovery and Protective Order Disputes - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Sharp, Melanie) (Entered: 06/22/2023) (4) |
| Jun 21, 2023 | 213 | NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action directed to Doug Roeder filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/21/2023) (2) |
| Jun 20, 2023 | 210 | REDACTED VERSION of 189 Letter by Sight Sciences, Inc.. (Hallowell, Taylor) Modified on 6/20/2023 (lih). (Entered: 06/20/2023) (30) |
| Jun 20, 2023 | 211 | NOTICE OF SERVICE of 1. Defendant's Notice of Deposition of Paul Badawi Pursuant to Fed. R. Civ. P. 30(b)(1) 2. Defendants' Amended Notice of Deposition of Tim Buckley Pursuant to Fed. R. Civ. P. 30(b)(1) 3. Dr. Arsham Sheybani's Objections and Responses to Plaintiff's Subpoena Duces Tecum and Subpoena Ad Testificandum 4.Defendants' Notice of Deposition of John Galanis Pursuant to Fed. R. Civ. P. 30(b)(1) 5. Subpoena to Testify at a Deposition in a Civil Action directed to Jim Shay filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/20/2023) (3) |
| Jun 20, 2023 | 212 | REDACTED VERSION of 191 Letter by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 06/20/2023) (18) |
| Jun 16, 2023 | 205 | NOTICE to Take Deposition of Dave Van Meter on June 27, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/16/2023) (2) |
| Jun 16, 2023 | 206 | NOTICE OF SERVICE of 1. Defendants' Notice of Subpoena to Produce Documents, Information, or Objects to Carter Meyer 2. Defendants' Notice of Subpoena to Produce Documents, Information, or Objects to Mack Hicks 3. Defendants' Amended Notice of Subpoena to Carter Meyer 4. Defendants' Amended Notice of Subpoena to Mack Hicks 5. Defendants' Notice of Subpoena to Joanna Liebes Hubberts 6. Defendants' Notice of Subpoena to Lisa Amii 7. Defendants' Notice of Subpoena to Jeffie Kopczynski 8. Defendants' Notice of Subpoena to Hain-Ann Hsueh Yang 9. Defendants' Notice of Subpoena to Stephen Thau 10. Defendants' Notice of Subpoena to Amy Motomura and 11. Defendants' Notice of Deposition of Mary Cantu pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/16/2023) (3) |
| Jun 16, 2023 | 207 | NOTICE to Take Deposition of Brett Trauthen on June 20, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/16/2023) (2) |
| Jun 16, 2023 | 208 | NOTICE to Take Deposition of Andy Schieber on June 22, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/16/2023) (2) |
| Jun 16, 2023 | 209 | NOTICE to Take Deposition of Michael Chodzko on July 13, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/16/2023) (2) |
| Jun 15, 2023 | 201 | NOTICE OF SERVICE of 1. Defendants' Notice of Deposition of Jesse Selnick Pursuant to Fed. R. Civ. P. 30(b)(1) 2. Defendants' Notice of Deposition of Sabrina Katz Pursuant to Fed. R. Civ. P. 30(b)(1) 3. Defendants' Notice of Deposition of Sarah Sloan Marcus Pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/15/2023) (3) |
| Jun 15, 2023 | 202 | STIPULATION TO EXTEND TIME to submit redacted versions of the deposition transcripts and expert reports in response to the Courts June 12, 2023 Memorandum Order (D.I. 195) to June 20, 2023 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 06/15/2023) (1) |
| Jun 15, 2023 | 203 | Joint STIPULATION TO EXTEND TIME to submit redacted versions of Plaintiff's letter regarding its motion to compel (D.I. 189) and Defendants' responsive letter (D.I. 191) to June 20, 2023 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 06/15/2023) (2) |
| Jun 15, 2023 | 204 | NOTICE OF SERVICE of Defendants' Second Notice of Deposition of Plaintiff Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/15/2023) (2) |
| Jun 14, 2023 | 199 | NOTICE to Take Deposition of Todd Abraham on June 20, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/14/2023) (2) |
| Jun 14, 2023 | 200 | Joint STIPULATION TO EXTEND TIME to submit redacted versions of Plaintiff's letter regarding its motion to compel (D.I. 189) and Defendants' responsive letter (D.I. 191) to June 15, 2023 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 06/14/2023) (2) |
| Jun 13, 2023 | 196 | NOTICE to Take Deposition of Ben Sather on June 14, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/13/2023) (2) |
| Jun 13, 2023 | 197 | NOTICE OF SERVICE of 1. Defendants' Notice of Deposition of Jim Rodberg Pursuant to Fed. R. Civ. P. 30(b)(1) 2. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action directed to Reay Brown 3. Defendants' Notice of Deposition of Chris Phelps Pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/13/2023) (3) |
| Jun 13, 2023 | 198 | STIPULATION TO EXTEND TIME to File Redacted Version of D.I. 189 to June 14, 2023 - filed by Sight Sciences, Inc.. (Hallowell, Taylor) (Entered: 06/13/2023) (3) |
| Jun 12, 2023 | 195 | MEMORANDUM ORDER- re 189 Letter and 191 Letter. IT IS FURTHER ORDERED that the discovery dispute motion hearing set in this matter for today at 2:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 6/12/2023.This order has been emailed to local counsel. (lih) (Entered: 06/12/2023) (6) |
| Jun 9, 2023 | 194 | NOTICE of Withdrawal of Pro Hac Vice Counsel, Priyamvada Arora and Allison Elkman by Sight Sciences, Inc. (Hallowell, Taylor) (Entered: 06/09/2023) (1) |
| Jun 8, 2023 | 192 | MOTION for Pro Hac Vice Appearance of Attorney Juan Pablo Gonzalez and Angela R. Madrigal - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Hallowell, Taylor) (Entered: 06/08/2023) (3) |
| Jun 8, 2023 | 193 | MOTION for Pro Hac Vice Appearance of Attorney Noah S. Frank - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 06/08/2023) (4) |
| Jun 7, 2023 | 190 | MOTION for Pro Hac Vice Appearance of Attorney Brian A. Verbus and Jacob Rambeau - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 06/07/2023) (5) |
| Jun 7, 2023 | 191 | [SEALED] Letter to The Honorable Judge Sherry R. Fallon from Andrew E. Russell regarding discovery dispute responsive submission. (Attachments: # 1 Exhibit 1)(Russell, Andrew) Modified on 6/21/2023 (lih). (Entered: 06/07/2023) (0) |
| Jun 6, 2023 | 189 | [SEALED] Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Plaintiff Sight Sciences, Inc.'s Motion to Compel. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Certificate of Service)(Sharp, Melanie) (Entered: 06/06/2023) (0) |
| Jun 5, 2023 | 188 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendants' Fourth Set of Interrogatories (Nos. 19-21) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/05/2023) (3) |
| Jun 2, 2023 | 184 | NOTICE to Take Deposition of Jason Weems on June 6, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/02/2023) (2) |
| Jun 2, 2023 | 185 | NOTICE to Take Deposition of David Kimball on June 13, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/02/2023) (2) |
| Jun 2, 2023 | 186 | NOTICE to Take Deposition of Brandon Mojica on June 14, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/02/2023) (2) |
| Jun 2, 2023 | 187 | NOTICE to Take Deposition of Jasmine Ainetchian on June 16, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/02/2023) (2) |
| Jun 1, 2023 | 182 | NOTICE OF SERVICE of 1. Defendants' Notice of Deposition of Daniel OKeeffe pursuant to Fed. R. Civ. P. 30(b)(1) 2. Defendants' Notice of Deposition of Tim Buckley pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 06/01/2023) (2) |
| Jun 1, 2023 | 183 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Supplemental Objections and Responses to Defendants' Third Set of Interrogatories (Nos. 12, 13, 18) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 06/01/2023) (3) |
| May 31, 2023 | 180 | NOTICE OF SERVICE of 1. Defendants' Supplemental Objections and Responses to Plaintiff Sight Sciences, Inc.'s First Set of Interrogatories (Nos. 1-6) 2. Defendants' Fifth Set of Interrogatories (Nos. 22-25) 3. Defendants' Third Set of Requests for Production (Nos. 99-139) 4. Defendants' Second Set of Requests for Admission (Nos. 3-50) 5. Defendants' Notice of Deposition of Dave Needleman pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 05/31/2023) (3) |
| May 31, 2023 | 181 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendants' Notice of Deposition of Plaintiff Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/31/2023) (3) |
| May 30, 2023 | 177 | NOTICE to Take Deposition of Cari Stone on June 1, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/30/2023) (2) |
| May 30, 2023 | 178 | NOTICE to Take Deposition of Ahmad Hadba on May 31, 2023 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/30/2023) (2) |
| May 30, 2023 | 179 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s First Set of Requests for Admissions to Defendants (Nos. 1-39) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/30/2023) (3) |
| May 25, 2023 | 175 | NOTICE OF SERVICE of Sight Sciences, Inc.'s Second Supplemental Responses and Objections to Defendants' Interrogatory No. 8 filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/25/2023) (3) |
| May 25, 2023 | 176 | NOTICE OF SERVICE of 1. Defendants' Objections and Responses to Plaintiff Sight Sciences, Inc.'s Notice of Deposition of Alcon Research LLC, Alcon Vision, LLC, and Alcon Inc. pursuant to Fed. R. Civ. P. 30(b)(6) and 2. Defendants' Objections and Responses to Plaintiff Sight Sciences, Inc.'s Notice of Deposition of Ivantis, Inc. pursuant to Fed. R. Civ. P. 30(b)(6) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 05/25/2023) (2) |
| May 24, 2023 | 170 | Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Sharp, Melanie) (Entered: 05/24/2023) (2) |
| May 24, 2023 | 171 | SO ORDERED- re 170 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 6/12/2023 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 6/9/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 6/6/2023, Responsive submission due by no later than 2:00 PM on 6/7/2023). Signed by Judge Sherry R. Fallon on 5/24/2023. (lih) (Entered: 05/24/2023) (0) |
| May 24, 2023 | 172 | NOTICE of Subpoena Duces Tecum and Ad Testificandum to Andres Rivero by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hallowell, Taylor) (Entered: 05/24/2023) (0) |
| May 24, 2023 | 173 | NOTICE of Subpoena Duces Tecum and Ad Testificandum to Arsham Sheybani by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hallowell, Taylor) (Entered: 05/24/2023) (0) |
| May 24, 2023 | 174 | NOTICE of Subpoena Duces Tecum to Non-Party Delphi Ventures by Sight Sciences, Inc. re 154 Notice (Other), 149 Notice (Other) (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 05/24/2023) (0) |
| May 23, 2023 | 168 | NOTICE OF SERVICE of 1. Defendants' Notice of Deposition of Richard Plank Pursuant to Fed. R. Civ. P. 30(b)(1) and 2. Defendants' Notice of Deposition of Aaron Capsel Pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 05/23/2023) (2) |
| May 23, 2023 | 169 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Second Amended Initial Rule 26(a)(1) Disclosures filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/23/2023) (3) |
| May 22, 2023 | 167 | NOTICE OF SERVICE of Sight Sciences, Inc.'s Third Supplemental Responses and Objections to Defendant Ivantis, Inc.'s First Set of Interrogatories (Nos. 1-2, 4-7) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/22/2023) (3) |
| May 19, 2023 | 166 | NOTICE to Take Deposition of Chuck Marshall on May 25, 2023 filed by Sight Sciences, Inc..(Sharp, Melanie) (Entered: 05/19/2023) (2) |
| May 18, 2023 | 165 | MOTION for Pro Hac Vice Appearance of Attorney Cameron C. Vanderwall - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Hallowell, Taylor) (Entered: 05/18/2023) (2) |
| May 17, 2023 | 162 | NOTICE of Subpoena to Produce Documents, Information, or Objection directed to ADMEDES, Inc. by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc. (Russell, Andrew) (Entered: 05/17/2023) (30) |
| May 17, 2023 | 163 | NOTICE OF SERVICE of Defendants' Notice of Deposition of Mika Mayer Pursuant to Fed. R. Civ. P. 30(b)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 05/17/2023) (2) |
| May 17, 2023 | 164 | MOTION for Pro Hac Vice Appearance of Attorney Nathaniel DeLucia - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 05/17/2023) (4) |
| May 12, 2023 | 161 | NOTICE OF SERVICE of Steven McAuley's Objections and Responses to Plaintiff's Subpoena Duces Tecum to Non-Party Steven A. McAuley filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 05/12/2023) (2) |
| May 8, 2023 | 160 | NOTICE OF SERVICE of 1. Defendants' Third Amended Initial Disclosures Pursuant to Rule 26(a)(1) 2. Defendants' Fourth Set of Interrogatories (Nos. 19 - 21) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 05/08/2023) (2) |
| May 5, 2023 | 159 | NOTICE OF SERVICE of Defendants' Notice of Deposition of Plaintiff Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 05/05/2023) (2) |
| May 4, 2023 | 155 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Notice of Deposition of Alcon Research LLC Pursuant to Fed. R. Civ. P. 30 (b)(6) filed by Sight Sciences, Inc..(Sharp, Melanie) (Entered: 05/04/2023) (2) |
| May 4, 2023 | 156 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Notice of Deposition of Alcon Vision, LLC Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Sight Sciences, Inc..(Sharp, Melanie) (Entered: 05/04/2023) (2) |
| May 4, 2023 | 157 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Notice of Deposition of Alcon Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Sight Sciences, Inc..(Sharp, Melanie) (Entered: 05/04/2023) (2) |
| May 4, 2023 | 158 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Notice of Deposition of Ivantis, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Sight Sciences, Inc..(Sharp, Melanie) (Entered: 05/04/2023) (2) |
| May 3, 2023 | 152 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendants' Third Set of Interrogatories (Nos. 11-18) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 05/03/2023) (2) |
| May 3, 2023 | 153 | NOTICE of Subpoena Ad Testificandum to Non-Party Doug Roeder by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 05/03/2023) (0) |
| May 3, 2023 | 154 | NOTICE of Subpoena Duces Tecum to Non-Party Delphi Ventures by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 05/03/2023) (0) |
| Apr 28, 2023 | 151 | MOTION for Pro Hac Vice Appearance of Attorney Steven Dirks, Socrates L. Boutsikaris, Ryan J. Melde and Laura Zhu - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 04/28/2023) (7) |
| Apr 27, 2023 | 145 | NOTICE of Subpoena to Non-Party Jim Shay by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 04/27/2023) (0) |
| Apr 27, 2023 | 146 | NOTICE of Subpoena Duces Tecum and Ad Testificandum to Non-Party Steven A. McCauley by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hallowell, Taylor) (Entered: 04/27/2023) (0) |
| Apr 27, 2023 | 147 | NOTICE of Subpoena Ad Testificandum to Non-Party Matthew M. Wolf by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 04/27/2023) (0) |
| Apr 27, 2023 | 148 | NOTICE of Subpoena Ad Testificandum to Non-Party Doug Roeder by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 04/27/2023) (0) |
| Apr 27, 2023 | 149 | NOTICE of Subpoena Duces Tecum to Non-Party Delphi Ventures by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 04/27/2023) (0) |
| Apr 27, 2023 | 150 | NOTICE of Subpoena Duces Tecum to Non-Party Shay Glenn LLP by Sight Sciences, Inc. (Attachments: # 1 Exhibit 1)(Hallowell, Taylor) (Entered: 04/27/2023) (0) |
| Apr 14, 2023 | 144 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendants' Second Set of Requests for Production (Nos. 67-98) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 04/14/2023) (2) |
| Apr 11, 2023 | 143 | NOTICE OF SERVICE of 1. Defendants' Objections and Responses to Plaintiff Sight Sciences, Inc.'s Second Set of Interrogatories (Nos. 7 - 19) 2. Defendants' Supplemental Objections and Responses to Plaintiff Sight Sciences, Inc.'s First Set of Interrogatories (Nos. 1 - 6) 3. Defendants' First Supplemental Objections and Responses to Plaintiff Sight Sciences, Inc.'s Second Set of Request for Production of Documents and Things (Nos. 89 - 161) 4. Defendants' Objections and Responses to Plaintiff Sight Sciences, Inc.'s Third Set of Requests for Production of Documents and Things (Nos. 162 - 182) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 04/11/2023) (3) |
| Apr 10, 2023 | 142 | NOTICE OF SERVICE of Sight Sciences, Inc.'s First Supplemental Responses and Objections to Defendants' Second Set of Interrogatories (Nos. 8 and 10) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 04/10/2023) (2) |
| Apr 6, 2023 | 141 | RESPONSE TO OBJECTIONS by Sight Sciences, Inc. re 139 Objections, [Plaintiff Sight Sciences, Inc.'s Response to Defendants' Objections to Magistrate Judge Fallon's Report and Recommendation Regarding Claim Construction]. (Sharp, Melanie) (Entered: 04/06/2023) (14) |
| Mar 31, 2023 | 140 | NOTICE OF SERVICE of Defendants' Third Set of Interrogatories filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 03/31/2023) (2) |
| Mar 23, 2023 | 139 | OBJECTIONS by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc. to 134 REPORT AND RECOMMENDATIONS re 116 MOTION Requesting a Hearing on Claim Construction filed by Alcon Research LLC, Ivantis, Inc., Alcon Vision LLC, Alcon Inc., 121 MOTION Requesting a Hearing on Claim Construction re 99 Oral Order, . (Russell, Andrew) (Entered: 03/23/2023) (17) |
| Mar 22, 2023 | 138 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Amended Initial Rule 26(a)(1) Disclosures filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 03/22/2023) (2) |
| Mar 16, 2023 | 137 | NOTICE OF SERVICE of Defendants' Second Set of Requests for Production (Nos. 67 - 98) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 03/16/2023) (2) |
| Mar 10, 2023 | 136 | NOTICE OF SERVICE of (1) Plaintiff Sight Sciences, Inc.'s Second Set of Interrogatories (Nos. 7-19) and (2) Plaintiff Sight Sciences, Inc.'s Third Set of Requests for Production of Documents and Things (Nos. 162-182) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 03/10/2023) (2) |
| Mar 9, 2023 | 134 | REPORT AND RECOMMENDATIONS re 116 MOTION Requesting a Hearing on Claim Construction filed by Alcon Research LLC, Ivantis, Inc., Alcon Vision LLC, Alcon Inc., 121 MOTION Requesting a Hearing on Claim Construction filed by Sight Sciences, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 3/23/2023. Signed by Judge Sherry R. Fallon on 3/9/2023.This order has been emailed to local counsel. (Polito, Rebecca) Modified on 3/23/2023 (lih). (Main Document 134 replaced on 3/23/2023) (lih). (Entered: 03/09/2023) (43) |
| Mar 9, 2023 | 135 | NOTICE OF SERVICE of Sight Sciences, Inc.'s Second Supplemental Responses and Objections to Defendant Ivantis, Inc.'s First Set of Interrogatories (Nos. 1-2, 4-6) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 03/09/2023) (2) |
| Feb 24, 2023 | 133 | Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Construction of the term "Fluted Edges" - re 130 Letter. (Sharp, Melanie) (Entered: 02/24/2023) (2) |
| Feb 22, 2023 | 132 | ORAL ORDER- GRANTING 131 Letter Request. Plaintiff's response to 130 Letter, limited to no more than one page, is due by no later than February 24, 2023. Ordered by Judge Sherry R. Fallon on 2/22/2023. (lih) (Entered: 02/22/2023) (0) |
| Feb 21, 2023 | 130 | Letter to The Honorable Sherry R. Fallon from Andrew E. Russell regarding construction of the term "fluted edges". (Russell, Andrew) (Entered: 02/21/2023) (1) |
| Feb 21, 2023 | 131 | Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Construction of the term "Fluted Edges" - re 130 Letter. (Sharp, Melanie) (Entered: 02/21/2023) (1) |
| Feb 17, 2023 | 129 | Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Construction of the term "Fluted Edges" - re 118 Joint Claim Construction Brief. (Sharp, Melanie) (Entered: 02/17/2023) (1) |
| Feb 7, 2023 | 128 | Letter to the Honorable Sherry R. Fallon from Melanie K. Sharp regarding Supplemental Authority - re 118 Joint Claim Construction Brief. (Attachments: # 1 Exhibit A)(Sharp, Melanie) (Entered: 02/07/2023) (0) |
| Feb 6, 2023 | 127 | NOTICE OF SERVICE of Defendants' Second Amended Initial Disclosure Pursuant to Rule 26(a)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 02/06/2023) (2) |
| Jan 27, 2023 | 126 | NOTICE OF SERVICE of Defendants' Second Supplemental Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 01/27/2023) (2) |
| Jan 26, 2023 | 123 | REDACTED VERSION of 118 Joint Claim Construction Brief by Sight Sciences, Inc.. (Attachments: # 1 Certificate of Service)(Higgins, James) (Entered: 01/26/2023) (0) |
| Jan 26, 2023 | 124 | REDACTED VERSION of 119 Appendix by Sight Sciences, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Certificate of Service)(Higgins, James) Modified on 1/26/2023 (lih). (Entered: 01/26/2023) (0) |
| Jan 26, 2023 | 125 | REDACTED VERSION of 120 Appendix by Sight Sciences, Inc.. (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30, # 10 Exhibit 31, # 11 Exhibit 32, # 12 Exhibit 33, # 13 Exhibit 34, # 14 Exhibit 35, # 15 Exhibit 36, # 16 Exhibit 37, # 17 Exhibit 38, # 18 Exhibit 39, # 19 Exhibit 40, # 20 Exhibit 41, # 21 Exhibit 42, # 22 Certificate of Service)(Higgins, James) Modified on 1/26/2023 (lih). (Entered: 01/26/2023) (0) |
| Jan 23, 2023 | 122 | Joint STIPULATION TO EXTEND TIME for the parties to submit Markman slide presentations to February 2, 2023 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) (Entered: 01/23/2023) (2) |
| Jan 19, 2023 | 116 | MOTION Requesting a Hearing on Claim Construction - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) Modified on 1/19/2023 (lih). Modified on 1/19/2023 (lih). (Entered: 01/19/2023) (2) |
| Jan 19, 2023 | 117 | ORAL ORDER- re 116 MOTION Requesting a Hearing on Claim Construction: IT IS ORDERED that each side shall have a total of one hour and thirty minutes to present arguments on claim construction during the Markman hearing on February 9, 2023. Ordered by Judge Sherry R. Fallon on 1/19/2023. (lih) (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 118 | [SEALED] JOINT CLAIM CONSTRUCTION BRIEF filed by Sight Sciences, Inc.. (Attachments: # 1 Certificate of Service)(Higgins, James) (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 119 | [SEALED] APPENDIX Volume 1 of 2 (Exhibits 1-21) re 118 Joint Claim Construction Brief by Sight Sciences, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Certificate of Service)(Higgins, James) Modified on 1/19/2023 (lih). (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 120 | [SEALED] APPENDIX Volume 2 of 2 (Exhibits 22-42) re 118 Joint Claim Construction Brief by Sight Sciences, Inc.. (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30, # 10 Exhibit 31, # 11 Exhibit 32, # 12 Exhibit 33, # 13 Exhibit 34, # 14 Exhibit 35, # 15 Exhibit 36, # 16 Exhibit 37, # 17 Exhibit 38, # 18 Exhibit 39, # 19 Exhibit 40, # 20 Exhibit 41, # 21 Exhibit 42, # 22 Certificate of Service)(Higgins, James) Modified on 1/19/2023 (lih). (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 121 | MOTION Requesting a Hearing on Claim Construction - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Higgins, James) Modified on 1/19/2023 (lih). (Entered: 01/19/2023) (2) |
| Jan 13, 2023 | 114 | ORAL ORDER- re 113 Status Report. Having reviewed the parties joint status report and determining that there is nothing requiring judicial action, IT IS HEREBY ORDERED that the status teleconference set in this matter for January 18, 2023 at 10:00 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 1/13/2023. (lih) (Entered: 01/13/2023) (0) |
| Jan 13, 2023 | 115 | NOTICE OF SERVICE of Defendants' Sur-Reply Claim Construction Brief filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Shaw, John) (Entered: 01/13/2023) (2) |
| Jan 12, 2023 | 113 | Joint STATUS REPORT by Sight Sciences, Inc.. (Higgins, James) (Entered: 01/12/2023) (5) |
| Jan 6, 2023 | 112 | ORAL ORDER re D.I. 86 ; D.I. 87 Motions Requesting a Hearing on Claim Construction: Due to the development of an unavoidable conflict on the Court's calendar, IT IS ORDERED that the Markman hearing scheduled for February 7, 2023 at 10:00 a.m. is rescheduled to February 9, 2023 at 10:00 a.m. Ordered by Judge Sherry R. Fallon on 1/6/2023. (lih) (Entered: 01/06/2023) (0) |
| Jan 5, 2023 | 111 | MOTION for Pro Hac Vice Appearance of Attorney Jeanne M. Heffernan - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. Motions referred to Sherry R. Fallon.(Russell, Andrew) (Entered: 01/05/2023) (4) |
| Dec 29, 2022 | 108 | CLAIM Construction Chart by Sight Sciences, Inc.. (Attachments: # 1 Exhibit 1 - 25 (Volume1))(Higgins, James) (Entered: 12/29/2022) (0) |
| Dec 29, 2022 | 109 | EXHIBITS 26-51 - (Volume 2) re 108 Claim Construction Chart by Sight Sciences, Inc.. (Higgins, James) Modified on 1/4/2023 (lih). (Entered: 12/29/2022) (30) |
| Dec 29, 2022 | 110 | NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Reply Claim Construction Brief filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 12/29/2022) (2) |
| Dec 28, 2022 | 107 | NOTICE OF SERVICE of Defendants' Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Shaw, John) (Entered: 12/28/2022) (2) |
| Dec 12, 2022 | 106 | NOTICE OF SERVICE of Sight Sciences, Inc.'s Notice of Deposition of Dr. Angelo P. Tanna filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 12/12/2022) (2) |
| Dec 9, 2022 | 104 | NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff Sight Sciences, Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 89-161) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Hoeschen, Nathan) (Entered: 12/09/2022) (2) |
| Dec 9, 2022 | 105 | NOTICE OF SERVICE of Defendants' Answering Claim Construction Brief filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Hoeschen, Nathan) (Entered: 12/09/2022) (2) |
| Dec 8, 2022 | 103 | ORAL ORDER re D.I. 90 Joint Claim Construction Chart: Having reviewed the Joint Claim Construction Chart (D.I. 90), which includes a total of thirteen (13) terms to be construed, IT IS HEREBY ORDERED that the claim construction hearing in this case will be narrowed. On or before December 29, 2022, the parties shall resubmit the Joint Claim Construction Chart identifying no more than a total of ten (10) terms to be argued at the hearing. The parties shall request leave of Court if they wish to pursue any terms identified in the Joint Claim Construction Chart (D.I. 90) at the dispositive motion stage, to the extent that those terms are not addressed at the Markman stage but the parties maintain that they still require construction. Ordered by Judge Sherry R. Fallon on 12/8/2022. (lih) (Entered: 12/08/2022) (0) |
| Dec 2, 2022 | 101 | MOTION for Pro Hac Vice Appearance of Attorney Alissa Wood and Allison E. Elkman - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Hallowell, Taylor) (Entered: 12/02/2022) (3) |
| Dec 2, 2022 | 102 | NOTICE requesting Clerk to remove Benjamin S. Lin, Deepa Kannappan, & Emily M. Ross as co-counsel.. (Hallowell, Taylor) (Entered: 12/02/2022) (1) |
| Dec 1, 2022 | 100 | NOTICE OF SERVICE of Sight Sciences, Inc.'s Responses and Objections to Defendants' Second Set of Interrogatories (Nos. 8-10) filed by Sight Sciences, Inc..(Hallowell, Taylor) (Entered: 12/01/2022) (2) |
| Nov 30, 2022 | 99 | ORAL ORDER: IT IS ORDERED that, when the Joint Claim Construction Brief is filed on January 19, 2023, the parties shall simultaneously file motions requesting a hearing on claim construction which include the following: (1) a verification that briefing on claim construction is complete; (2) an estimate of how much time is requested for the hearing on February 7, 2023, and (3) a statement regarding whether any live expert witness testimony is anticipated. IT IS FURTHER ORDERED that any slide presentations the parties plan to use during the claim construction hearing should be emailed (in PDF format) to Rebecca_Polito@ded.uscourts.gov by no later than January 31, 2023. IT IS FURTHER ORDERED that, no later than January 31, 2023, the parties shall provide an audio-only dial-in number via a joint email to Larisha_Hicks@ded.uscourts.gov. Once the dial-in information is received by the Court, members of the public and/or client representatives may obtain it by contacting Chambers at Larisha_Hicks@ded.uscourts.gov no less than 24 hours before the Markman Hearing on February 7, 2023, at 10:00 a.m. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. Ordered by Judge Sherry R. Fallon on 11/30/2022. (lih) (Entered: 11/30/2022) (0) |
| Nov 29, 2022 | 98 | MOTION for Pro Hac Vice Appearance of Attorney Lauren Strosnick - filed by Sight Sciences, Inc.. Motions referred to Sherry R. Fallon.(Hallowell, Taylor) (Entered: 11/29/2022) (2) |
| Nov 22, 2022 | 97 | NOTICE OF SERVICE of Defendants' Notice of Deposition of J. Crawford Downs filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) (Entered: 11/22/2022) (2) |
| Nov 10, 2022 | 96 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Opening Claim Construction Brief filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| Nov 7, 2022 | 95 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 89-161) filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| Nov 1, 2022 | 94 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Second Set of Interrogatories (Nos. 8 - 10) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) |
| Oct 25, 2022 | 93 | Scheduling Order (18) Docket Text: SECOND AMENDED SCHEDULING ORDER: Joinder of Parties due by 3/2/2023. Amended Pleadings due by 3/2/2023. Fact Discovery completed by 6/29/2023. Opening Expert Reports due by 7/13/2023. Rebuttal Expert Reports due by 8/17/2023. Expert Discovery due by 9/28/2023. A Status Conference is set for 1/18/2023 at 10:00 AM before Judge Sherry R. Fallon. Status Report due by 1/12/2023. Dispositive Motions due by 10/12/2023. Answering Brief due 11/2/2023. Reply Brief due 11/16/2023. Claim Construction Opening Brief due by 11/10/2022. Claim Construction Answering Brief due by 12/8/2022. Claim Construction Reply Brief due by 12/29/2022. Claim Construction Surreply Brief due by 1/12/2023. Joint Claim Construction Brief due by 1/19/2023. A Markman Hearing is set for 2/7/2023 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Proposed Pretrial Order due by 3/21/2024. A Pretrial Conference is set for 3/29/2024 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams. A 5-day Jury Trial is set to begin on 4/8/2024 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. (PLEASE REFER TO SCHEDULING ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 10/25/2022. (lih) |
| Oct 21, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [89] STIPULATION TO EXTEND TIME to submit a Joint Claim Construction Chart to October 21, 2022. Signed by Judge Sherry R. Fallon on 10/21/2022. (lih) |
| Oct 21, 2022 | 90 | Claim Construction Chart (Main Document) (24) Docket Text: CLAIM Construction Chart by Sight Sciences, Inc.. (Attachments: # (1) Exhibit 1-25 (Volume 1))(Sharp, Melanie) |
| Oct 21, 2022 | 90 | Claim Construction Chart (Exhibit 1-25 (Volume 1)) (30) Docket Text: CLAIM Construction Chart by Sight Sciences, Inc.. (Attachments: # (1) Exhibit 1-25 (Volume 1))(Sharp, Melanie) |
| Oct 21, 2022 | 91 | Exhibit to a Document (30) Docket Text: EXHIBITS 26-51 re [90] Claim Construction Chart by Sight Sciences, Inc.. (Sharp, Melanie) Modified on 10/21/2022 (lih). |
| Oct 21, 2022 | 92 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Sherry R. Fallon from Andrew E. Russell regarding revised proposed second amended scheduling order. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Russell, Andrew) Modified on 10/24/2022 (lih). |
| Oct 21, 2022 | 92 | Letter (Exhibit 1) (17) Docket Text: Letter to The Honorable Sherry R. Fallon from Andrew E. Russell regarding revised proposed second amended scheduling order. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Russell, Andrew) Modified on 10/24/2022 (lih). |
| Oct 21, 2022 | 92 | Letter (Exhibit 2) (3) Docket Text: Letter to The Honorable Sherry R. Fallon from Andrew E. Russell regarding revised proposed second amended scheduling order. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Russell, Andrew) Modified on 10/24/2022 (lih). |
| Oct 21, 2022 | 92 | Letter (Exhibit 3) (17) Docket Text: Letter to The Honorable Sherry R. Fallon from Andrew E. Russell regarding revised proposed second amended scheduling order. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Russell, Andrew) Modified on 10/24/2022 (lih). |
| Oct 21, 2022 | 92 | Letter (Exhibit 4) (5) Docket Text: Letter to The Honorable Sherry R. Fallon from Andrew E. Russell regarding revised proposed second amended scheduling order. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Russell, Andrew) Modified on 10/24/2022 (lih). |
| Oct 20, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [88] STIPULATION TO EXTEND TIME to submit a revised proposed second amended scheduling order to October 21, 2022. Signed by Judge Sherry R. Fallon on 10/20/2022. (lih) |
| Oct 20, 2022 | 88 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit a revised proposed second amended scheduling order to October 21, 2022 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) Modified on 10/21/2022 (lih). |
| Oct 20, 2022 | 89 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit a Joint Claim Construction Chart to October 21, 2022 - filed by Sight Sciences, Inc.. (Sharp, Melanie) Modified on 10/21/2022 (lih). |
| Oct 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [87] STIPULATION TO EXTEND TIME to submit a Revised Proposed Second Amended Scheduling Order to October 20, 2022. Signed by Judge Sherry R. Fallon on 10/19/2022. (lih) |
| Oct 18, 2022 | 86 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1. Defendants' Second Supplemental Objections and Responses to Plaintiff Sight Sciences, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1 - 88) 2. Defendants' Supplemental Objections and Responses to Plaintiff Sight Sciences, Inc.'s First Set of Interrogatories (Nos. 1 - 6) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) |
| Oct 18, 2022 | 87 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit a Revised Proposed Second Amended Scheduling Order to October 20, 2022 - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| Oct 17, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re D.I. [85] Proposed Second Amended Scheduling Order: IT IS ORDERED that the parties' proposed second amended scheduling order is DENIED for failure to comply with the Court's Oral Order dated October 6, 2022, which required the parties to follow Judge Williams' form of Rule 16 Scheduling Order for non-ANDA patent cases for all events including and following Case Dispositive Motions. This form of Order specifies that "[a]ll case dispositive motions... shall be served on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of briefing]." See Judge Williams' Rule 16 Scheduling Order Patent (Non-ANDA), ¶ 13(a). The parties' proposed second amended scheduling order leaves less than two months between completion of briefing on case dispositive and Daubert motions and the pretrial conference scheduled for March 1, 2024. (D.I. 85 at ¶¶ 14(a), 16) Accordingly, IT IS ORDERED that the parties shall file a revised proposed second amended scheduling order which complies with Judge Williams' form of scheduling order on or before close of business on October 18, 2022. Ordered by Judge Sherry R. Fallon on 10/17/2022. (lih) |
| Oct 12, 2022 | 85 | Proposed Order (Main Document) (16) Docket Text: PROPOSED Second Amended Scheduling Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Hallowell, Taylor) Modified on 10/12/2022 (lih). |
| Oct 12, 2022 | 85 | Proposed Order (Exhibit A) (2) Docket Text: PROPOSED Second Amended Scheduling Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Hallowell, Taylor) Modified on 10/12/2022 (lih). |
| Oct 7, 2022 | 84 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Corrected First Supplemental Initial Invalidity Contentions (10/06/2022) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) |
| Oct 6, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER- re [82] Letter. IT IS HEREBY ORDERED that on or before October 12, 2022, the parties shall file a Proposed Amended Scheduling Order with an amended chart of deadlines. The proposed Scheduling Order should be consistent with Judge Fallon's "Rule 16 Scheduling Order-Patent" up through and including paragraph number 12 posted at https://www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon and the parties are to use Judge Williams' "Rule 16 Scheduling Order- Patent (Non-ANDA)" posted at https://www.ded.uscourts.gov/judge/judge-gregory-b-williams for all events including and following Case Dispositive Motions. The following events shall be incorporated into the proposed order: A Markman hearing is set for February 7, 2023 at 10:00 a.m.; Proposed Pretrial Order due by February 23, 2024; A Pretrial Conference is set for March 1, 2024 at 10:00 a.m.; and a Jury Trial is set to begin on March 11, 2024 at 9:30 a.m. The parties shall indicate the number of trial days requested and note that the trial will be timed and the number of trial days may be adjusted by the court closer to trial. Ordered by Judge Sherry R. Fallon on 10/6/2022. (lih) |
| Oct 6, 2022 | 83 | Answer to Counterclaim (12) Docket Text: ANSWER to [77] Answer to Amended Complaint by Sight Sciences, Inc..(Higgins, James) Modified on 10/6/2022 (lih). |
| Oct 5, 2022 | 81 | Notice (Other) (2) Docket Text: NOTICE of Filing Petitions for Inter Partes Review by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc. (Russell, Andrew) |
| Oct 5, 2022 | 82 | Letter (2) Docket Text: Joint Letter to The Honorable Gregory B. Williams regarding Request of Markman Hearing and Trial Dates. (Higgins, James) |
| Sep 23, 2022 | 80 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Supplemental Initial Invalidity Contentions (9/22/2022) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) |
| Sep 21, 2022 | 79 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Supplemental Responses to Plaintiff Sight Sciences, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-88) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) |
| Sep 15, 2022 | 77 | Answer to Amended Complaint (30) Docket Text: ANSWER to [59] Amended Complaint, COUNTERCLAIM against Sight Sciences, Inc. by Alcon Vision LLC, Ivantis, Inc., Alcon Research LLC, Alcon Inc..(Russell, Andrew) Modified on 9/16/2022 (lih). |
| Sep 15, 2022 | 78 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Alcon Vision, LLC for Alcon Research LLC; Other Affiliate Alcon Research, LLC for Ivantis, Inc.; Other Affiliate Ciba Vision, LLC for Alcon Vision LLC filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) |
| Sep 13, 2022 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER REFERRING CASE TO Magistrate Judge Sherry R. Fallon: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Sherry R. Fallon to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. §636(b) and any further Order of the Court. ORDERED by Judge Gregory B. Williams on 9/13/22. (ntl) |
| Sep 8, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (smg) |
| Sep 6, 2022 | 75 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Corrected Initial Invalidity Contentions filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Shaw, John) |
| Sep 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [74] MOTION for Pro Hac Vice Appearance of Attorney Priyamvada Arora filed by Sight Sciences, Inc. Signed by Judge Sherry R. Fallon on 9/2/2022. (Polito, Rebecca) |
| Sep 2, 2022 | 74 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Priyamvada Arora - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| Sep 1, 2022 | 73 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Ivantis, Inc..(Russell, Andrew) |
| Aug 31, 2022 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Amended Initial Disclosures Pursuant to Rule 26(a)(1) filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc..(Russell, Andrew) |
| Aug 26, 2022 | 71 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sight Sciences, Inc.'s Corrected Initial Infringement Contentions filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| Aug 23, 2022 | 70 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sight Sciences, Inc.'s Supplemental Responses and Objections to Defendant Ivantis, Inc.'s First Set of Interrogatories (Nos. 3, 5, 6) filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| Aug 16, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re D.I. [67]; D.I. [68]: Having reviewed the parties' cross-motions for a protective order (D.I. 67; D.I. 68), IT IS ORDERED that Plaintiff's proposed protective order denying Defendants' in-house counsel, Jeffrey Prokop, access to "Highly Confidential Attorneys' Eyes Only" information is DENIED (D.I. 67, Ex. 2), and Defendants' proposed protective order is GRANTED (D.I. 68, Ex. A). The Federal Circuit requires that limits to attorney access should be judged on a "counsel-by-counsel basis, and cannot be determined solely by giving controlling weight to the classification of counsel as in-house rather than retained." U.S. Steel Corp. v. U.S., 730 F.2d 1465, 1468 (Fed. Cir. 1984). The determination turns on the extent to which counsel is involved in competitive decision-making with its client. See In re Deutsche Bank Trust Co. Ams., 605 F.3d 1373, 1378 (Fed. Cir. 2010). Competitive decision-making involves "counsel's advice and participation in any or all of the client's decisions (pricing, product design, etc.) made in light of similar or corresponding information about a competitor." Id. (citing U.S. Steel, 730 F.2d at 1468). A protective order is designed to guard against inadvertent disclosure of the producing party's material to a competitor's decision maker which would place it at a competitive disadvantage. The risk of inadvertent disclosure must be balanced against the potential harm to the opposing party if its in-house counsel cannot access the highly confidential Attorneys' Eyes Only materials. See U.S. Steel, 730 F.2d at 1468. For the following reasons, the Court finds that Plaintiff has not met its burden to demonstrate that restricting Defendants' in-house counsel, Mr. Prokop, from accessing materials integral to the case is warranted. The record before the Court establishes that Mr. Prokop is not a competitive decision maker because his role is limited to supervising and managing litigation against Defendants. (D.I. 68, Ex. B at ¶¶ 3-4) This is consistent with the decisions of numerous other courts which have concluded that Mr. Prokop's responsibilities are litigation-focused, he is not a competitive decision maker, and he should therefore be given access to Attorneys' Eyes Only material. (D.I. 68, Exs. F-H) In this District, the law is well-established that the risk of inadvertent disclosure is generally outweighed by in-house counsel's need for access to materials at issue in the litigation when in-house counsel's responsibilities are limited to litigation, with no competitive decision-making. See, e.g., British Telecommcns PLC v. IAC/InterActiveCorp, C.A. No. 18-366-WCB, 330 F.R.D. 387, 394 (D. Del. Mar. 18, 2019) (citing cases). Mr. Prokop's use of the materials will be restricted by the terms of the protective order, and he is bound by the same ethical obligations that bind all attorneys. See U.S. Steel, 730 F.2d at 1468. Plaintiff's argument regarding an "imbalance" between the parties does not alter the analysis, which is not dependent on the relative size of the parties and their respective in-house legal departments or whether Plaintiff lacks in-house counsel. The protective order is drafted so as to be equally balanced in safeguarding information from competitive decision makers on both sides. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for August 17, 2022 at 4:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 8/16/2022. (lih) |
| Aug 16, 2022 | 69 | Order (19) Docket Text: PROTECTIVE ORDER. Signed by Judge Sherry R. Fallon on 8/16/2022. (lih) |
| Aug 12, 2022 | 68 | Letter (Main Document) (5) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit A) (20) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit B) (4) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit C) (17) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit D) (14) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit E) (30) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit F) (10) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit G) (3) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 12, 2022 | 68 | Letter (Exhibit H) (14) Docket Text: Letter to Honorable Sherry R. Fallon from John W. Shaw regarding Protective Order Dispute - re [67] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Shaw, John) |
| Aug 11, 2022 | 67 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Sherry R. Fallon from Melanie K. Sharp regarding Protective Order Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Sharp, Melanie) |
| Aug 11, 2022 | 67 | Letter (Exhibit 1) (21) Docket Text: Letter to The Honorable Sherry R. Fallon from Melanie K. Sharp regarding Protective Order Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Sharp, Melanie) |
| Aug 11, 2022 | 67 | Letter (Exhibit 2) (21) Docket Text: Letter to The Honorable Sherry R. Fallon from Melanie K. Sharp regarding Protective Order Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Sharp, Melanie) |
| Aug 11, 2022 | 67 | Letter (Exhibit 3) (7) Docket Text: Letter to The Honorable Sherry R. Fallon from Melanie K. Sharp regarding Protective Order Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Sharp, Melanie) |
| Aug 11, 2022 | 67 | Letter (Exhibit 4) (3) Docket Text: Letter to The Honorable Sherry R. Fallon from Melanie K. Sharp regarding Protective Order Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Sharp, Melanie) |
| Aug 11, 2022 | 67 | Letter (Exhibit 5) (7) Docket Text: Letter to The Honorable Sherry R. Fallon from Melanie K. Sharp regarding Protective Order Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Sharp, Melanie) |
| Aug 9, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [66] STIPULATION TO EXTEND TIME to Move, Plead or Otherwise Respond to the Second Amended Complaint to September 15, 2022. Reset Answer Deadlines: Alcon Inc. answer due 9/15/2022; Alcon Research LLC answer due 9/15/2022; Alcon Vision LLC answer due 9/15/2022; Ivantis, Inc. answer due 9/15/2022. Signed by Judge Sherry R. Fallon on 8/9/2022. (lih) |
| Aug 8, 2022 | 66 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Move, Plead or Otherwise Respond to the Second Amended Complaint to September 15, 2022 - filed by Alcon Inc., Alcon Research LLC, Alcon Vision LLC, Ivantis, Inc.. (Russell, Andrew) |
| Aug 5, 2022 | 65 | Scheduling Order (17) Docket Text: AMENDED SCHEDULING ORDER: Joinder of Parties due by 3/2/2023. Amended Pleadings due by 3/2/2023. Fact Discovery completed by 7/20/2023. Opening Expert Reports due by 8/10/2023. Rebuttal Expert Reports due by 9/12/2023. Expert Discovery due by 11/16/2023. A Status Conference is set for 1/18/2023 at 10:00 AM before Judge Sherry R. Fallon. Status Report due by 1/12/2023. Dispositive Motions due by 12/14/2023. Claim Construction Opening Brief due by 11/10/2022. Claim Construction Answering Brief due by 12/8/2022. Claim Construction Reply Brief due by 12/29/2022. Claim Construction Surreply Brief due by 1/12/2023. Joint Claim Construction Brief due by 1/19/2023. (PLEASE REFER TO SCHEDULING ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 8/5/2022. (lih) |
| Aug 4, 2022 | 62 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Sight Sciences, Inc.. Alcon Vision LLC served on 8/3/2022, answer due 8/24/2022. (Hallowell, Taylor) |
| Aug 4, 2022 | 63 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Sight Sciences, Inc.. Alcon Research LLC served on 8/3/2022, answer due 8/24/2022. (Hallowell, Taylor) |
| Aug 4, 2022 | 64 | Proposed Order (Main Document) (14) Docket Text: PROPOSED Amended Scheduling Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Hallowell, Taylor) Modified on 8/5/2022 (lih). |
| Aug 4, 2022 | 64 | Proposed Order (Exhibit A) (3) Docket Text: PROPOSED Amended Scheduling Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Hallowell, Taylor) Modified on 8/5/2022 (lih). |
| Aug 2, 2022 | 61 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sight Sciences, Inc.'s Initial Infringement Contentions filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| Aug 1, 2022 | 59 | Amended Complaint* (1) |
| Aug 1, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER- GRANTING [58] Stipulation to Amend Complaint. IT IS FURTHER ORDERED that on or before August 8, 2022, the parties shall file an Amended Scheduling Order incorporating the deadlines outlined in the stipulation along with an updated chart of deadlines. Ordered by Judge Sherry R. Fallon on 8/1/2022. (lih) |
| Aug 1, 2022 | N/A | Patent Report Notice (0) Docket Text: PATENT REPORT NOTICE RE [59]: Please note that if patents are being added to this case, the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (lih) |
| Aug 1, 2022 | 59 | Amended Complaint (Main Document) (30) Docket Text: SECOND AMENDED COMPLAINT against Ivantis, Inc., Alcon Research LLC, Alcon Vision LLC, Alcon Inc.- filed by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A-P)(lih) |
| Aug 1, 2022 | 59 | Amended Complaint (Exhibit A-P) (30) Docket Text: SECOND AMENDED COMPLAINT against Ivantis, Inc., Alcon Research LLC, Alcon Vision LLC, Alcon Inc.- filed by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A-P)(lih) |
| Aug 1, 2022 | 60 | Patent/Trademark Report to Commissioner (1) Docket Text: Amended Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,389,328 . (Hallowell, Taylor) Modified on 8/2/2022 (lih). |
| Jul 29, 2022 | 58 | Stipulation (Main Document) (4) Docket Text: STIPULATION to Amend Complaint re [19] Amended Complaint by Sight Sciences, Inc.. (Attachments: # (1) Exhibit 1 - Second Amended Complaint, # (2) Exhibit A-P to Second Amended Complaint, # (3) Exhibit 2 - Redlined Second Amended Complaint)(Sharp, Melanie) Modified on 8/1/2022 (lih). |
| Jul 29, 2022 | 58 | Stipulation (Exhibit 1 - Second Amended Complaint) (30) Docket Text: STIPULATION to Amend Complaint re [19] Amended Complaint by Sight Sciences, Inc.. (Attachments: # (1) Exhibit 1 - Second Amended Complaint, # (2) Exhibit A-P to Second Amended Complaint, # (3) Exhibit 2 - Redlined Second Amended Complaint)(Sharp, Melanie) Modified on 8/1/2022 (lih). |
| Jul 29, 2022 | 58 | Stipulation (Exhibit A-P to Second Amended Complaint) (30) Docket Text: STIPULATION to Amend Complaint re [19] Amended Complaint by Sight Sciences, Inc.. (Attachments: # (1) Exhibit 1 - Second Amended Complaint, # (2) Exhibit A-P to Second Amended Complaint, # (3) Exhibit 2 - Redlined Second Amended Complaint)(Sharp, Melanie) Modified on 8/1/2022 (lih). |
| Jul 29, 2022 | 58 | Stipulation (Exhibit 2 - Redlined Second Amended Complaint) (30) Docket Text: STIPULATION to Amend Complaint re [19] Amended Complaint by Sight Sciences, Inc.. (Attachments: # (1) Exhibit 1 - Second Amended Complaint, # (2) Exhibit A-P to Second Amended Complaint, # (3) Exhibit 2 - Redlined Second Amended Complaint)(Sharp, Melanie) Modified on 8/1/2022 (lih). |
| Jul 20, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [57] Joint MOTION for Teleconference to Resolve Protective Order Dispute. A Telephone Conference is set for 8/17/2022 at 04:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 8/16/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 8/11/2022, Responsive submission due by no later than 11:00 AM on 8/12/2022). Signed by Judge Sherry R. Fallon on 7/20/2022. (lih) |
| Jul 19, 2022 | 57 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Protective Order Dispute - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| Jul 11, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [56] MOTION for Pro Hac Vice Appearance of Attorney Benjamin S. Lin. Signed by Judge Sherry R. Fallon on 7/11/2022. (lih) |
| Jul 8, 2022 | 55 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Ivantis Inc.'s Disclosures Pursuant to Paragraph 9.B of the Scheduling Order filed by Ivantis, Inc..(Shaw, John) |
| Jul 8, 2022 | 56 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benjamin S. Lin - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| Jul 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [54] STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to July 19, 2022. Signed by Judge Sherry R. Fallon on 7/7/2022. (lih) |
| Jul 6, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Austin C. Teng for Ivantis, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Jul 6, 2022 | 54 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to July 19, 2022 - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| Jun 29, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [53] STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to July 06, 2022. Signed by Judge Sherry R. Fallon on 6/29/2022. (lih) |
| Jun 28, 2022 | 53 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to July 06, 2022 - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| Jun 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [52] MOTION for Pro Hac Vice Appearance of Attorney Austin C. Teng. Signed by Judge Sherry R. Fallon on 6/24/2022. (lih) |
| Jun 24, 2022 | 52 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Austin C. Teng - filed by Ivantis, Inc.. (Russell, Andrew) |
| Jun 22, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [51] STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to June 28, 2022. Signed by Judge Sherry R. Fallon on 6/22/2022. (lih) |
| Jun 21, 2022 | 51 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to June 28, 2022 - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| Jun 15, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [49] STIPULATION regarding Discovery of Electronically Stored Information. Signed by Judge Sherry R. Fallon on 6/15/2022. (lih) |
| Jun 14, 2022 | 48 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Ivantis Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Ivantis, Inc..(Russell, Andrew) |
| Jun 14, 2022 | 49 | Stipulation (12) Docket Text: STIPULATION regarding Discovery of Electronically Stored Information by Sight Sciences, Inc.. (Sharp, Melanie) Modified on 6/15/2022 (lih). |
| Jun 14, 2022 | 50 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| Jun 10, 2022 | 47 | Scheduling Order (17) Docket Text: SCHEDULING ORDER: Joinder of Parties due by 3/2/2023. Amended Pleadings due by 3/2/2023. Fact Discovery completed by 7/20/2023. Opening Expert Reports due by 8/10/2023. Rebuttal Expert Reports due by 9/12/2023. Expert Discovery due by 11/16/2023. A Status Conference is set for 1/18/2023 at 10:00 AM before Judge Sherry R. Fallon. Status Report due by 1/12/2023. Dispositive Motions due by 12/14/2023. Claim Construction Opening Brief due by 10/20/2022. Claim Construction Answering Brief due by 11/17/2022. Claim Construction Reply Brief due by 12/6/2022. Claim Construction Surreply Brief due by 12/20/2022. Joint Claim Construction Brief due by 12/29/2022. (PLEASE REFER TO SCHEDULING ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 6/10/2022. (lih) |
| Jun 9, 2022 | 46 | Proposed Order (Main Document) (14) Docket Text: PROPOSED Amended Scheduling Order re [37] Proposed Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Sharp, Melanie) Modified on 6/10/2022 (lih). |
| Jun 9, 2022 | 46 | Proposed Order (Exhibit A) (3) Docket Text: PROPOSED Amended Scheduling Order re [37] Proposed Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Sharp, Melanie) Modified on 6/10/2022 (lih). |
| Jun 8, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [45] STIPULATION TO EXTEND TIME to submit a Proposed ESI Order and to serve Initial Disclosures of Custodians and ESI Issues under Paragraph 3 of the Default Standard for Discovery to June 14, 2022. Signed by Judge Sherry R. Fallon on 6/8/2022. (lih) |
| Jun 7, 2022 | 43 | Transcript (18) Docket Text: Official Transcript of Teleconference held on 06.02.2022 before Judge Sherry Fallon. Court Reporter/Transcriber Brian Gaffigan,Email: gaffigan.b@outlook.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Rolfe, Michele) |
| Jun 7, 2022 | 44 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Paragraph 9(a) Disclosures filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| Jun 7, 2022 | 45 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit a Proposed ESI Order and to serve Initial Disclosures of Custodians and ESI Issues under Paragraph 3 of the Default Standard for Discovery to June 14, 2022 - filed by Sight Sciences, Inc.. (Sharp, Melanie) |
| Jun 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [42] MOTION for Pro Hac Vice Appearance of Attorney Emily M. Ross. Signed by Judge Sherry R. Fallon on 6/2/2022. (lih) |
| Jun 2, 2022 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Scheduling Teleconference held on 6/2/2022. (Court Reporter B. Gaffigan.) (lih) |
| Jun 2, 2022 | 42 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Emily M. Ross - filed by Sight Sciences, Inc.. (Hallowell, Taylor) |
| May 31, 2022 | 41 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendant Ivantis, Inc.'s Requests for Production (Nos. 1-66); (2) Plaintiff Sight Sciences, Inc.'s Objections and Responses to Defendant Ivantis, Inc.'s Requests for Admission (Nos. 1-2) filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| May 24, 2022 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Sight Sciences, Inc.'s Initial Rule 26(a)(1) Disclosures filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| May 24, 2022 | 40 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Ivantis Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1) filed by Ivantis, Inc..(Russell, Andrew) |
| May 23, 2022 | 38 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sight Sciences, Inc.'s Responses and Objections to Defendant Ivantis, Inc.'s First Set of Interrogatories (Nos. 1-7) filed by Sight Sciences, Inc..(Hallowell, Taylor) |
| May 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [36] STIPULATION TO EXTEND TIME for the parties to submit a proposed scheduling order to May 19, 2022. Signed by Judge Sherry R. Fallon on 5/19/2022. (lih) |
| May 19, 2022 | 37 | Proposed Order (Main Document) (14) Docket Text: PROPOSED Scheduling Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Sharp, Melanie) Modified on 5/20/2022 (lih). |
| May 19, 2022 | 37 | Proposed Order (Exhibit A) (3) Docket Text: PROPOSED Scheduling Order by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A)(Sharp, Melanie) Modified on 5/20/2022 (lih). |
| May 18, 2022 | 35 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1. Defendant Ivantis Inc.'s Objections and Responses to Plaintiff Sight Sciences, Inc.'s First Set of Interrogatories (Nos. 1-6) 2. Defendant Ivantis Inc.'s Objections and Responses to Plaintiff Sight Sciences, Inc.'s First Set of Requests For Production of Documents and Things (Nos. 1-88) filed by Ivantis, Inc..(Russell, Andrew) |
| May 18, 2022 | 36 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a proposed scheduling order to May 19, 2022 - filed by Ivantis, Inc.. (Russell, Andrew) |
| Apr 29, 2022 | 34 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1. Defendant Ivantis Inc.'s First Set of Requests for Admission (Nos. 1-2) 2. Defendant Ivantis Inc.'s First Set of Requests for Production (Nos. 1 - 66) filed by Ivantis, Inc..(Russell, Andrew) |
| Apr 25, 2022 | 33 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Ivantis Inc.'s First Set of Interrogatories (Nos. 1-7) filed by Ivantis, Inc..(Russell, Andrew) |
| Apr 18, 2022 | 31 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Sight Sciences, Inc.'s First Set of Interrogatories (Nos. 1-6) and (2) Plaintiff Sight Sciences, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-88) filed by Sight Sciences, Inc..(Sharp, Melanie) |
| Apr 18, 2022 | 32 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Taylor E. Hallowell on behalf of Sight Sciences, Inc. (Hallowell, Taylor) |
| Apr 12, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER Re: D.I. [29] : Pursuant to Paragraphs 3(b)-(c) of the Court's Standing Order No. 2022-3, IT IS HEREBY ORDERED THAT: (1) On or before April 18, 2022, the parties shall: hold a Rule 26(f) conference and commence discovery.; (2) The parties shall file a proposed scheduling order within 30 days of the Rule 26(f) conference; The Court's form scheduling order is posted at http://www.ded.uscourts.gov (see Chambers, Judge Fallon, Forms). If the parties have any suggestions or modifications to the standard form of scheduling order, they may be included in the proposed order for consideration by the Court. If any disputed issue exists regarding the proposed scheduling order, it shall be noted therein, along with the parties' proposed language on the issue for consideration by the Court; (3) A scheduling teleconference pursuant to Fed. R. Civ. P. 16(b) is set for 6/2/2022 at 11:00 a.m. Ordered by Judge Sherry R. Fallon on April 12, 2022. (lih) |
| Apr 11, 2022 | 29 | VAC - Magistrate Non-consent - completed by the parties (1) Docket Text: VAC Magistrate Non-Consent completed by the parties filed by Ivantis, Inc., Sight Sciences, Inc. (smg) |
| Apr 11, 2022 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Sherry R. Fallon solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 4/11/22. (etg) |
| Mar 28, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (ntl) |
| Mar 28, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/28/22. (ntl) |
| Mar 28, 2022 | 28 | VAC Notice, Consent, Non-Consent, Magistrate Referral (1) Docket Text: VAC Notice, Consent, Non-Consent, Magistrate Referral (ntl) |
| Feb 18, 2022 | 26 | Answer to Counterclaim (7) Docket Text: ANSWER to [22] Answer to Amended Complaint, Counterclaim by Sight Sciences, Inc..(Sharp, Melanie) |
| Feb 1, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Gregg F. LoCascio,Kat Li,Justin Bova,Ryan Kane for Ivantis, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) |
| Jan 28, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [25] MOTION for Pro Hac Vice Appearance of Attorney Gregg LoCascio, Justin Bova, Kat Li and Ryan Kane filed by Ivantis, Inc. Signed by Judge Leonard P. Stark on 1/28/22. (ntl) |
| Jan 28, 2022 | 25 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Gregg LoCascio, Justin Bova, Kat Li and Ryan Kane - filed by Ivantis, Inc.. (Shaw, John) |
| Jan 27, 2022 | 24 | Notice of Substitution of Counsel (1) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re Ivantis, Inc.: Entry of appearance of attorney John W. Shaw. Attorney Douglas E. McCann, Warren K. Mabey, Jr., Frank E. Scherkenbach, Corrin N. Drakulich, John W. Thornburgh, Todd G. Miller, Kenton W. Freeman, Jr. and Kyle J. Fleming of Fish & Richardson P.C. terminated. (Shaw, John) |
| Jan 24, 2022 | 22 | Answer to Amended Complaint (30) Docket Text: ANSWER to Amended Complaint, re: [19] Amended Complaint with Jury Demand , COUNTERCLAIM against Sight Sciences, Inc. by Ivantis, Inc..(Mabey, Warren) |
| Jan 24, 2022 | 23 | Disclosure Statement (2) Docket Text: Supplemental Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alcon Inc. for Ivantis, Inc. filed by Ivantis, Inc.. (Mabey, Warren) |
| Dec 27, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [20] STIPULATION TO EXTEND TIME for Defendant to move, plead, or otherwise respond to Plaintiff's First Amended Complaint and for Plaintiff to Respond to Defendant's Response to First Amended Complaint to January 24, 2022 and February 18, 2022 filed by Ivantis, Inc. Signed by Judge Leonard P. Stark on 12/27/21. (ntl) |
| Dec 22, 2021 | 20 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME for Defendant to move, plead, or otherwise respond to Plaintiff's First Amended Complaint and for Plaintiff to Respond to Defendant's Response to First Amended Complaint to January 24, 2022 and February 18, 2022 respectively - filed by Ivantis, Inc.. (McCann, Douglas) |
| Dec 22, 2021 | 21 | Notice (Other) (2) Docket Text: NOTICE of Withdrawal of Defendant's Motion to Dismiss by Ivantis, Inc. re [13] MOTION to Dismiss for Failure to State a Claim (McCann, Douglas) |
| Dec 17, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michelle S. Rhyu for Sight Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Dec 17, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney David Murdter for Sight Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Dec 17, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Deepa Kannappan for Sight Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Dec 16, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Orion Armon for Sight Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Dec 15, 2021 | 19 | Amended Complaint* (1) |
| Dec 15, 2021 | 19 | Amended Complaint (Main Document) (30) Docket Text: First AMENDED COMPLAINT against Ivantis, Inc.- filed by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A-I)(Sharp, Melanie) |
| Dec 15, 2021 | 19 | Amended Complaint (Exhibit A-I) (30) Docket Text: First AMENDED COMPLAINT against Ivantis, Inc.- filed by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A-I)(Sharp, Melanie) |
| Dec 10, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [18] MOTION for Pro Hac Vice Appearance of Attorney Deepa Kannappan filed by Sight Sciences, Inc. Signed by Judge Leonard P. Stark on 12/10/21. (ntl) |
| Dec 8, 2021 | 18 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Deepa Kannappan - filed by Sight Sciences, Inc.. (Attachments: # (1) Certification by Counsel)(Sharp, Melanie) |
| Dec 8, 2021 | 18 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Deepa Kannappan - filed by Sight Sciences, Inc.. (Attachments: # (1) Certification by Counsel)(Sharp, Melanie) |
| Dec 6, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [17] STIPULATION TO EXTEND TIME to Oppose Motion to Dismiss to January 5, 2022 filed by Sight Sciences, Inc. Signed by Judge Leonard P. Stark on 12/6/21. (ntl) |
| Dec 3, 2021 | 17 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Oppose Motion to Dismiss to January 5, 2022 - filed by Sight Sciences, Inc.. (Sharp, Melanie) |
| Nov 29, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kyle J. Fleming for Ivantis, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Nov 24, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Corrin N. Drakulich, Todd G. Miller, Frank E. Scherkenbach, John W. Thornburgh, and Kenton W. Freeman for Ivantis, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Nov 24, 2021 | 13 | Motion to Dismiss for Failure to State a Claim (Main Document) (2) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Ivantis, Inc.. (Attachments: # (1) Text of Proposed Order)(Mabey, Warren) |
| Nov 24, 2021 | 13 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Ivantis, Inc.. (Attachments: # (1) Text of Proposed Order)(Mabey, Warren) |
| Nov 24, 2021 | 14 | Opening Brief in Support (26) Docket Text: OPENING BRIEF in Support re [13] MOTION to Dismiss for Failure to State a Claim filed by Ivantis, Inc..Answering Brief/Response due date per Local Rules is 12/8/2021. (Mabey, Warren) |
| Nov 24, 2021 | 15 | Declaration (Main Document) (2) Docket Text: DECLARATION re [14] Opening Brief in Support of Motion to Dismiss (Declaration of Warren K. Mabey, Jr. ) by Ivantis, Inc.. (Attachments: # (1) Exhibits 1-12)(Mabey, Warren) |
| Nov 24, 2021 | 15 | Declaration (Exhibits 1-12) (30) Docket Text: DECLARATION re [14] Opening Brief in Support of Motion to Dismiss (Declaration of Warren K. Mabey, Jr. ) by Ivantis, Inc.. (Attachments: # (1) Exhibits 1-12)(Mabey, Warren) |
| Nov 24, 2021 | 16 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ivantis, Inc.. (Mabey, Warren) |
| Nov 23, 2021 | 12 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Warren K. Mabey, Jr on behalf of Ivantis, Inc. (Mabey, Warren) |
| Nov 18, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [11] MOTION for Pro Hac Vice Appearance of Attorney Frank Scherkenbach, Corrin Drakulich, John Thornburgh, Todd Miller, Kenton W. Freeman, Jr. and Kyle Fleming filed by Ivantis, Inc. Signed by Judge Leonard P. Stark on 11/18/21. (ntl) |
| Nov 17, 2021 | 11 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Frank Scherkenbach, Corrin Drakulich, John Thornburgh, Todd Miller, Kenton W. Freeman, Jr. and Kyle Fleming - filed by Ivantis, Inc.. (McCann, Douglas) |
| Nov 10, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [10] STIPULATION TO EXTEND TIME to move, plead or otherwise respond to the Complaint to November 24, 2021 filed by Ivantis, Inc. Signed by Judge Leonard P. Stark on 11/10/21. (ntl) |
| Nov 9, 2021 | 10 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to move, plead or otherwise respond to the Complaint to November 24, 2021 - filed by Ivantis, Inc.. (McCann, Douglas) |
| Nov 8, 2021 | 9 | Notice of Substitution of Counsel (1) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re Ivantis, Inc.: Entry of appearance of attorney Douglas Edward McCann. Attorney John W. Shaw and David M. Fry terminated. (McCann, Douglas) |
| Sep 23, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [8] STIPULATION TO EXTEND TIME (and Proposed Order) to move, plead, or otherwise respond to the Complaint to November 11, 2021 filed by Ivantis, Inc. Signed by Judge Leonard P. Stark on 9/23/21. (ntl) |
| Sep 23, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [6] MOTION for Pro Hac Vice Appearance of Attorney Michelle S. Rhyu, Orion Armon and David N. Murdter filed by Sight Sciences, Inc. Signed by Judge Leonard P. Stark on 9/23/21. (ntl) |
| Sep 22, 2021 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Sep 21, 2021 | 8 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME (and Proposed Order) to move, plead, or otherwise respond to the Complaint to November 11, 2021 - filed by Ivantis, Inc.. (Fry, David) |
| Sep 20, 2021 | 7 | Return of Service Executed (2) Docket Text: Return of Service Executed by Sight Sciences, Inc.. Ivantis, Inc. served on 9/20/2021, answer due 10/12/2021. (Sharp, Melanie) |
| Sep 16, 2021 | 1 | Complaint (Main Document) (20) Docket Text: COMPLAINT filed with Jury Demand against Ivantis, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3700969.) - filed by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(srs) |
| Sep 16, 2021 | 1 | Complaint (Exhibit A-D) (30) Docket Text: COMPLAINT filed with Jury Demand against Ivantis, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3700969.) - filed by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(srs) |
| Sep 16, 2021 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT filed with Jury Demand against Ivantis, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3700969.) - filed by Sight Sciences, Inc.. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(srs) |
| Sep 16, 2021 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) |
| Sep 16, 2021 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,287,482 ;9,370,443 ;9,486,361 ;10,314,742. (srs) |
| Sep 16, 2021 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Sight Sciences, Inc.. (srs) |
| Sep 16, 2021 | 5 | Summons Issued (2) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Ivantis, Inc. on 9/16/2021. (srs) |
| Sep 16, 2021 | 6 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorneys Michelle S. Rhyu, Orion Armon and David N. Murdter of Cooley LLP - filed by Sight Sciences, Inc.. (Attachments: # (1) Certification of Counsel to be Admitted)(srs) |
| Sep 16, 2021 | 6 | Motion for Leave to Appear Pro Hac Vice (Certification of Counsel to be Admitted) (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorneys Michelle S. Rhyu, Orion Armon and David N. Murdter of Cooley LLP - filed by Sight Sciences, Inc.. (Attachments: # (1) Certification of Counsel to be Admitted)(srs) |
