Case number 1:20-cv-00361
Speyside Medical, LLC v. Medtronic Corevalve, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 31, 2022 | 169 | Terminate Deadlines and Hearings (2) Docket Text: AMENDED SCHEDULING ORDER: Fact Discovery completed by 3/17/2023., Dispositive Motions due by 7/21/2023., A Markman Hearing is set for 1/10/2023 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke., Proposed Pretrial Order due by 2/7/2024., A Pretrial Conference is set for 3/1/2024 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams., A Jury Trial is set for 3/11/2024 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. See Scheduling Order for additional deadlines.. Signed by Judge Christopher J. Burke on 10/31/22. (mlc) |
| Oct 28, 2022 | 168 | Letter (Main Document) (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding case schedule - re [166] Oral Order,,,,,,,,, Set Deadlines/Hearings,,,,,,,,. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Oct 28, 2022 | 168 | Letter (Exhibit A) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding case schedule - re [166] Oral Order,,,,,,,,, Set Deadlines/Hearings,,,,,,,,. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Oct 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [167] STIPULATION TO EXTEND TIME To File Revised Proposed Scheduling Order to October 28, 2022 filed by Medtronic Corevalve, LLC, Medtronic, Inc., Medtronic Plc, Medtronic PLC. Ordered by Judge Christopher J. Burke on 10/24/2022. (smg) |
| Oct 21, 2022 | 167 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME To File Revised Proposed Scheduling Order to October 28, 2022 - filed by Medtronic Corevalve, LLC, Medtronic PLC, Medtronic, Inc.. (Biggs, Brian) |
| Oct 14, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, in light of the District Court's referral, (D.I. [165]), has now reviewed the parties' respective positions as to whether the stay of the case should be lifted. The Court ORDERS that the stay is lifted and that the case will proceed forward pending any appeal of the IPR decisions, in light of the fact that: (1) the original decision to stay the case was itself a close call, (D.I. [155]); (2) Plaintiff has (at least for now) agreed not to pursue in this Court any of the claims of the '897 and '708 patents that the PTAB has held unpatentable; (3) Defendants have had a fair shot in the PTAB to invalidate the remaining asserted claims of the '118 and '897 patents and have not prevailed; and (4) moving forward in these circumstances is in line with the typical practice of our Court, (D.I. [162] at 1-2 (citing cases)). In the perhaps unlikely event that the claims of the '897 and '708 patents that the PTAB has held unpatentable are revived on appeal and Plaintiff then seeks to re-add those claims to this case, (id.), the Court will do its best to make sure that Defendants are not prejudiced with regard to case scheduling matters. As for scheduling order-related issues: (1) the Court ADOPTS Defendants' proposed schedule/timeline, as it is more in line with the prior schedule the Court had set for the case, and it will help ensure that the parties have sufficient time to prepare for trial; (2) the Court ADOPTS Plaintiff's proposal as to the format that supplemental claim construction briefing should take (the parties can fill in new dates for those two submissions); and (3) the Court ORDERS that a Markman hearing will be held before Judge Burke at 11:00 a.m. on December 13, 2022, a pre-trial conference will be held before Judge Williams on March 1, 2024 at 10:00 a.m. in Courtroom 6B and a trial before Judge Williams will begin on March 11, 2024 at 9:30 a.m. in Courtroom 6B. The parties shall submit a revised proposed scheduling order that takes into account the above decisions by no later than October 21, 2022. Ordered by Judge Christopher J. Burke on 10/14/2022. (srs) |
| Oct 11, 2022 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: The prior referral order (D.I. 103) to Magistrate Judge Christopher J. Burke in this case was revoked when the case went into the VAC docket (D.I. 158). On September 7, 2022, this case was reassigned to Judge Williams. IT IS HEREBY ORDERED, pursuant to 28 U.S.C. § 636(b) and subject to further Order of the Court, that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters, up to and including the end of expert discovery (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference). The referral does include entry of an appropriate scheduling order through trial, resolution of the pending request to lift the stay (D.I. 164), and resolution of the Markman proceedings, including the Markman hearing. ORDERED by Judge Gregory B. Williams on 10/11/22. (ntl) |
| Oct 10, 2022 | 164 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding stay - re [162] Letter. (Egan, Brian) |
| Sep 7, 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) |
| Aug 26, 2022 | 163 | SO ORDERED (2) Docket Text: SO ORDERED, re [161] STIPULATION TO EXTEND TIME to File Joint Letter to August 24, 2022 filed by Medtronic Corevalve, LLC, Medtronic, Inc. Signed by Judge Richard G. Andrews on 8/26/22. (ntl) |
| Aug 24, 2022 | 162 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding stay - re [155] Oral Order,,,,,,,,,,,,,,,,,,,,,. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Aug 24, 2022 | 162 | Letter (Exhibit A) (11) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding stay - re [155] Oral Order,,,,,,,,,,,,,,,,,,,,,. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Aug 23, 2022 | 161 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to File Joint Letter to August 24, 2022 - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Aug 4, 2022 | 160 | Letter (2) Docket Text: Joint Letter to The Honorable Richard G. Andrews from Brian P. Egan regarding Joint Status Report - re [159] Oral Order. (Egan, Brian) |
| Aug 1, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A joint status letter is due no later than three (3) days from the date of this Order. Ordered by Judge Richard G. Andrews on 8/1/2022. (nms) |
| Mar 25, 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. (etg) |
| Mar 25, 2022 | N/A | Order Administratively Closing Case (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. As this case is currently STAYED, IT IS HEREBY ORDERED that it is ADMINISTRATIVELY CLOSED. Should any party wish to lift the stay, it must file an appropriate motion. If such a motion is filed, the parties must, within 14 days thereafter, file the appropriate form indicating whether or not they consent to magistrate judge jurisdiction over this case. That form may be found on the Court's website. Issued by the Clerk of Court on 03/25/2022. (etg) |
| Oct 7, 2021 | 157 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [154] Letter, Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Leave to Amend Its Answer to the Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Certificate of Service)(Biggs, Brian) |
| Oct 7, 2021 | 157 | Redacted Document (Exhibit A) (1) Docket Text: REDACTED VERSION of [154] Letter, Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Leave to Amend Its Answer to the Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Certificate of Service)(Biggs, Brian) |
| Oct 7, 2021 | 157 | Redacted Document (Exhibit B) (1) Docket Text: REDACTED VERSION of [154] Letter, Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Leave to Amend Its Answer to the Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Certificate of Service)(Biggs, Brian) |
| Oct 7, 2021 | 157 | Redacted Document (Exhibit C) (4) Docket Text: REDACTED VERSION of [154] Letter, Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Leave to Amend Its Answer to the Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Certificate of Service)(Biggs, Brian) |
| Oct 7, 2021 | 157 | Redacted Document (Exhibit D) (9) Docket Text: REDACTED VERSION of [154] Letter, Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Leave to Amend Its Answer to the Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Certificate of Service)(Biggs, Brian) |
| Oct 7, 2021 | 157 | Redacted Document (Exhibit E) (1) Docket Text: REDACTED VERSION of [154] Letter, Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Leave to Amend Its Answer to the Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Certificate of Service)(Biggs, Brian) |
| Oct 7, 2021 | 157 | Redacted Document (Certificate of Service) (1) Docket Text: REDACTED VERSION of [154] Letter, Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Leave to Amend Its Answer to the Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Certificate of Service)(Biggs, Brian) |
| Oct 1, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' September 30, 2021 letter, (D.I. 154), hereby ORDERS as follows: in light of the Court's recent order granting Defendants' motion to stay pending inter partes review, (D.I. 155), the Defendants' motion for leave to amend its answer to the second amended complaint, (D.I. 153), is DENIED without prejudice to renew if the stay is lifted. Ordered by Judge Christopher J. Burke on 10/1/2021. (dlb) |
| Sep 30, 2021 | N/A | Case Stayed (0) Docket Text: Case stayed per Oral Order issued today. (dlb) |
| Sep 30, 2021 | 153 | Motion to Amend/Correct (Main Document) (2) Docket Text: MOTION to Amend/Correct [81] Answer to Amended Complaint, Defendants' Motion for Leave to Amend Answer - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Biggs, Brian) |
| Sep 30, 2021 | 153 | Motion to Amend/Correct (Text of Proposed Order) (1) Docket Text: MOTION to Amend/Correct [81] Answer to Amended Complaint, Defendants' Motion for Leave to Amend Answer - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Biggs, Brian) |
| Sep 30, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' motion to stay pending inter partes review ("IPR"), (D.I. 134 or "the Motion"), and having reviewed the parties' letter briefing, (D.I. 135; D.I. 138; D.I. 140; D.I. 151), and having considered the three stay-related factors, hereby ORDERS that the Motion is GRANTED and the entire case is STAYED. As the Court noted earlier, the Motion presents a tough call, (D.I. 145), and Plaintiff makes some understandable arguments in favor of denial of the Motion, (D.I. 138). But for the following reasons, the Court concludes that a stay is nevertheless appropriate: (1) If the case involved only three of the five patents-in-suit the '118 patent, the '897 patent and the '708 patent the decision to stay the case would be a fairly easy "yes." (D.I. 135 at 2) With regard to the simplification factor, it would favor Defendants, all asserted claims of those patents are being reviewed by the United States Patent Trial and Appeal Board ("PTAB"). More than that, in its institution decisions, the PTAB emphasized that the petitioner had raised strong grounds of invalidity as to all challenged claims of those patents (i.e., not just as to one claim per patent). (D.I. 130, ex. A at 20, 38-40; id., ex. B at 16, 26-29; id., ex. C at 35, 41) There is thus the very real possibility that any work done with regard to those patents in the District Court could be wasted if all or many of these asserted claims end up being invalidated. (D.I. 135 at 2-3; D.I. 140 at 2 (noting, for example, that the Court has been asked to construe 10 claim terms at an upcoming Markman hearing, seven of which relate to the three patents in the instituted IPRs)) Even if some claims from these three patents survive, efficiencies will be gained (via estoppel as to certain defenses, and for other reasons) from seeing the IPR processes through first. See Ethicon LLC v. Intuitive Surgical, Inc., C.A. No. 17-871-LPS, 2019 WL 1276029, at *2 (D. Del. Mar. 20, 2019). Plus, Final Written Decisions in these IPRs are due just weeks before trial is scheduled to start in October 2022 providing for the prospect of a hectic and disjointed pre-trial process if no stay was instituted and the PTAB issued its decisions on the eve of trial. As for the case status factor, it would slightly favor Defendants. While the case is not in its early stages, (D.I. 108), there is also still much to do (including taking all or nearly all of the depositions in the case, holding a Markman hearing and resolving claim construction, pursuing expert discovery, and resolving summary judgment and Daubert motions). See IOENGINE, LLC v. PayPal Holdings, Inc., Civil Action No. 18-452-WCB, Civil Action No. 18-826-WCB, 2019 WL 3943058, at *5 (D. Del. Aug. 21, 2019). And the undue prejudice factor would also favor Defendants, as the parties are not competitors, (D.I. 135 at 2), and Defendants timely sought a stay in this Court, (D.I. 85), and renewed it timely upon institution of the IPRs.; (2) The wrinkle here is that the PTAB did not institute on two of the five patents-in-suit (the '941 patent and the '040 patent). The Court considered the prospect of permitting the case to move forward just as to those two patents, and staying the case only as to the other three. It asked the parties for their view on that. (D.I. 145) But neither side, including Plaintiff, indicated that they thought this would be a particularly positive outcome from an efficiency or an equity perspective. (D.I. 151 at 1) Thus, the Court will not consider that idea further, and will instead treat the Motion as an all-or-nothing proposition.; (3) In the end, although the '941 patent and the '040 patent will not be at issue in the IPRs, and a trial would certainly be needed as to those patents at some point, the Court concludes that there are enough potential simplification gains to warrant staying the case as to these patents as well. The '941 patent and the '040 patent are very closely related to the '118 patent. The patents all share a common specification and similar claim language, certain original claims of the '941 patent were rejected by the Examiner on nonstatutory double-patenting grounds over a claim of the '118 patent, and some of the prior art at issue with regard to the '118 patent IPR is also asserted in this case against the '941 and '040 patents. (D.I. 135 at 3; id., at exs. C, E & F); see also IOENGINE, LLC, 2019 WL 3943058, at *9. So, with regard to the three patents in IPR, the PTAB will likely be considering (and hearing argument from the parties about) a lot of the same claim language and overlapping prior art as the Court would be considering here as to the '941 and '040 patents. Although it will require some delay, it makes sense under the circumstances to have the PTAB's work be done first, and for the Court and the parties to benefit from that work in the District Court thereafter.; and (4) Within five business days of the issuance of a Final Written Decision in the last of the IPRs at issue to resolve, the parties shall jointly file a letter, of no more than three single-spaced pages, providing their views as to whether a case schedule should be entered. Ordered by Judge Christopher J. Burke on 9/30/2021. (dlb). |
| Sep 29, 2021 | 152 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Supplemental Responses to Plaintiff's First Set of Interrogatories (No. 7) filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Sep 24, 2021 | 151 | Letter (2) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Stay Motion - re [145] Oral Order,,,,. (Egan, Brian) |
| Sep 23, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed the parties' letter briefs relating to Defendants' renewed motion to stay ("Motion"). (D.I. 134) The Motion presents a tough call, and the Court is still considering it. By no later than September 24, 2021, the parties shall jointly submit a one-page letter, in which they each provide their respective position (in a few sentences) on the following question: "Should the Court consider, when deciding the Motion, a third alternative: staying the case as to the '118, '897 and '708 patents (i.e., the patents in IPR), but allowing it to proceed forward as to the '941 and '040 patents (i.e., the patents not in IPR)? In other words, if the Court ultimately did not agree with Plaintiff that the entire case should move forward as to all five patents, would Plaintiff want the Court to consider the above alternative option? And if the Court did not ultimately agree with Defendants that the case should be stayed in its entirety, would Defendants want the Court to consider that alternative option?Ordered by Judge Christopher J. Burke on 9/23/2021. (dlb) |
| Sep 23, 2021 | 146 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Mark Casley on October 29, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 23, 2021 | 147 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Niall Duffy on October 22, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 23, 2021 | 148 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Ben Lebow on October 21, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 23, 2021 | 149 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Brett Madden on November 5, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 23, 2021 | 150 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Neil Yanke on November 3, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 22, 2021 | 141 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiff's Responses to Defendants' Notice of Rule 30(b)(6) Deposition of Plaintiff filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 22, 2021 | 142 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Tom McNatt on October 8, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 22, 2021 | 143 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Chris Eso on October 14, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 22, 2021 | 144 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Paul Mearns on October 15, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 13, 2021 | 140 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay - re [134] MOTION to Stay Defendants Medtronic Corevalve, LLC and Medtronic Inc.'s Renewed Motion to Stay Pending Inter Partes Review. (Biggs, Brian) |
| Sep 10, 2021 | N/A | Oral Order (0) Docket Text: At the parties' request, the Markman hearing is RESCHEDULED to October 18, 2021 at 12:00 p.m. Ordered by Judge Christopher J. Burke on 9/10/2021. (dlb) |
| Sep 8, 2021 | 138 | Letter (Main Document) (6) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Defendants' Renewed Motion to Stay - re [135] Letter,. (Attachments: # (1) Exhibits A-G)(Blumenfeld, Jack) |
| Sep 8, 2021 | 138 | Letter (Exhibits A-G) (30) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Defendants' Renewed Motion to Stay - re [135] Letter,. (Attachments: # (1) Exhibits A-G)(Blumenfeld, Jack) |
| Sep 7, 2021 | 136 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 136 | Redacted Document (Exhibit A) (1) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 136 | Redacted Document (Exhibit B) (16) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 136 | Redacted Document (Exhibit C) (13) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 136 | Redacted Document (Exhibit D) (2) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 136 | Redacted Document (Exhibit E) (8) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 136 | Redacted Document (Exhibit F) (10) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 136 | Redacted Document (Certificate of Service) (1) Docket Text: REDACTED VERSION of [135] Letter, to the Honorable Christopher J. Burke from Brian A. Biggs regarding Renewed Motion to Stay by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Certificate of Service)(Biggs, Brian) |
| Sep 7, 2021 | 137 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Nigel Buller on October 1, 2021 filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Aug 31, 2021 | 134 | Motion to Stay (Main Document) (3) Docket Text: MOTION to Stay Defendants Medtronic Corevalve, LLC and Medtronic Inc.'s Renewed Motion to Stay Pending Inter Partes Review - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Biggs, Brian) |
| Aug 31, 2021 | 134 | Motion to Stay (Proposed Order) (1) Docket Text: MOTION to Stay Defendants Medtronic Corevalve, LLC and Medtronic Inc.'s Renewed Motion to Stay Pending Inter Partes Review - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Biggs, Brian) |
| Aug 30, 2021 | 133 | Notice to Take Deposition (13) Docket Text: NOTICE to Take Deposition of Medtronic CoreValve, LLC and Medtronic, Inc. on September 10, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 24, 2021 | 131 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Motion to Stay Pending Inter Partes Review and request an expedited letter briefing schedule to resolve the motion before the October 12, 2021 Markman hearing - re [85] MOTION to Stay pending inter partes review. (Biggs, Brian) (Additional attachment(s) added on 8/25/2021: # (1) Appendix) (dlb). |
| Aug 24, 2021 | 131 | Letter (Appendix) (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Motion to Stay Pending Inter Partes Review and request an expedited letter briefing schedule to resolve the motion before the October 12, 2021 Markman hearing - re [85] MOTION to Stay pending inter partes review. (Biggs, Brian) (Additional attachment(s) added on 8/25/2021: # (1) Appendix) (dlb). |
| Aug 24, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed Defendants' August 24, 2021 letter, in which Defendants request to renew their motion to stay pending Inter Partes Review ("Motion") and ask for an expedited briefing schedule. (D.I. 131) The Court hereby ORDERS: (1) By no later than August 31, 2021, Defendants shall file with the Court an opening letter brief, not to exceed four (4) single-spaced pages, in no less than 12-point font.; (2) By no later than September 8, 2021, Plaintiff may file an answering letter brief, not to exceed four (4) single-spaced pages, in no less than 12-point font.; (3) By no later than September 13, 2021, Defendants may file a reply letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font.; and (4) For administrative purposes, Defendants shall separately file a one-page Renewed Motion to Stay Pending Inter Partes Review. The Court also ORDERS that, with regard to the issue Defendants raised about the currently-pending Markman hearing date and an upcoming trial in another district, (id. at 1 n.1), the parties should meet and confer to see if they can jointly agree as to whether the current Markman hearing date should be moved (assuming that there is no stay ordered), and should timely advise the Court thereafter if they have reached agreement on the issue. Ordered by Judge Christopher J. Burke on 8/24/2021. (dlb) |
| Aug 19, 2021 | 130 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Institution of Inter Partes Review by the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Biggs, Brian) |
| Aug 19, 2021 | 130 | Notice (Other) (Exhibit A) (30) Docket Text: NOTICE of Institution of Inter Partes Review by the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Biggs, Brian) |
| Aug 19, 2021 | 130 | Notice (Other) (Exhibit B) (30) Docket Text: NOTICE of Institution of Inter Partes Review by the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Biggs, Brian) |
| Aug 19, 2021 | 130 | Notice (Other) (Exhibit C) (30) Docket Text: NOTICE of Institution of Inter Partes Review by the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Biggs, Brian) |
| Aug 18, 2021 | 129 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant's Notice of Rule 30(b)(6) Deposition of Plaintiff Speyside Medical, LLC filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Aug 11, 2021 | 124 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Tom McNatt on September 10, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 11, 2021 | 125 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Adam Podbelski on September 14, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 11, 2021 | 126 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Chris Eso on September 16, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 11, 2021 | 127 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Gary Gratson on September 21, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 11, 2021 | 128 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Paul Mearns on September 23, 2021 filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 4, 2021 | 123 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding IPR Decisions. (Egan, Brian) |
| Jul 30, 2021 | 122 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoenas filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Jul 28, 2021 | 119 | Joint Claim Construction Brief (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by Speyside Medical, LLC. (Egan, Brian) |
| Jul 28, 2021 | 120 | Appendix (Main Document) (30) Docket Text: APPENDIX re [119] Joint Claim Construction Brief -- Appendix Volume I (Exhibits K-Z) -- by Speyside Medical, LLC. (Attachments: # (1) Exhibits Q-T, # (2) Exhibits U-Z)(Egan, Brian) |
| Jul 28, 2021 | 120 | Appendix (Exhibits Q-T) (30) Docket Text: APPENDIX re [119] Joint Claim Construction Brief -- Appendix Volume I (Exhibits K-Z) -- by Speyside Medical, LLC. (Attachments: # (1) Exhibits Q-T, # (2) Exhibits U-Z)(Egan, Brian) |
| Jul 28, 2021 | 120 | Appendix (Exhibits U-Z) (30) Docket Text: APPENDIX re [119] Joint Claim Construction Brief -- Appendix Volume I (Exhibits K-Z) -- by Speyside Medical, LLC. (Attachments: # (1) Exhibits Q-T, # (2) Exhibits U-Z)(Egan, Brian) |
| Jul 28, 2021 | 121 | Appendix (30) Docket Text: APPENDIX re [119] Joint Claim Construction Brief -- Appendix Volume 2 (Exhibits AA-NN) -- by Speyside Medical, LLC. (Egan, Brian) |
| Jul 14, 2021 | 117 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Medtronic Corevalve, LLC and Medtronic, Inc.'s Second Set of Interrogatories Propounded on Plaintiff Speyside Medical, LLC (Nos. 13-19) filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Jul 14, 2021 | 118 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Brian P. Egan regarding Joint Interim Status Report. (Egan, Brian) |
| Jul 9, 2021 | 115 | Statement (5) Docket Text: STATEMENT Defendants Comments on Plaintiff's Technology Tutorial by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Jul 9, 2021 | 116 | Statement (9) Docket Text: STATEMENT -- Speyside's Response to Medtronic's Technology Tutorial -- by Speyside Medical, LLC. (Egan, Brian) |
| Jun 28, 2021 | 114 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Responses to Plaintiff's Second Set of Interrogatories (Nos. 9-13) filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Jun 11, 2021 | 111 | Notice of Filing Multi Media Materials (2) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Defendants Medtronic CoreValve, LLC and Medtronic, Inc.'s Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian A. Biggs on behalf of Medtronic Corevalve, LLC, Medtronic, Inc. (Biggs, Brian) |
| Jun 11, 2021 | 112 | Notice (Other) (3) Docket Text: NOTICE of Lodging of Speyside Medical, LLC's Technology Tutorial by Speyside Medical, LLC (Egan, Brian) |
| Jun 11, 2021 | 113 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Speyside's Reply Claim Construction Brief - filed by Speyside Medical, LLC.(Egan, Brian) |
| Jun 7, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER Resetting Markman Hearing: At the request of counsel, due to a scheduling conflict, the Markman Hearing has been rescheduled and is now set for 10/12/2021 at 11:00 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 6/7/2021. (dlb) |
| Jun 2, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [109] Stipulation regarding Markman preparations in light of the Courts rescheduling of the Markman Hearing in the above-captioned case to September 24, 2021 (D.I. 108). Ordered by Judge Christopher J. Burke on 6/2/2021. (dlb) |
| Jun 1, 2021 | 109 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order Regarding Amendment to Scheduling Order by Speyside Medical, LLC. (Egan, Brian) |
| May 20, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' Motion to Stay Pending Inter Partes Review ("IPR"), (D.I. [85]), and the parties' briefs, (D.I. 86; D.I. 93; D.I. 96), and having considered the three stay-related factors, HEREBY ORDERS that Defendants' Motion is DENIED WITHOUT PREJUDICE to renew following a decision by the United States Patent and Trademark Offices Patent Trial and Appeal Board ("PTAB") as to whether to institute IPR proceedings on any of the seven currently-pending petitions relating to the five patents-in-suit. Here, the Court will follow its own recent, prior precedent as to stay motions filed prior to a PTAB institution decision. See Blue Spike LLC v. Dish Network Corp., Civil Action No. 19-160-LPS-CJB, (D.I. 22); cf. Advanced Microscopy Inc. v. Carl Zeiss Microscopy, LLC, Civil Action No. 15-516-LPS-CJB, 2016 WL 558615, at *1-2 (D. Del. Feb. 11, 2016). As it has articulated in those cases, with regard to the simplification factor, the Court (absent some unique circumstance not present here) does not see the wisdom in staying a case that is otherwise proceeding forward (with a schedule already in place), in favor of the occurrence of an event (grant of an IPR petition and subsequent institution of an IPR) that has not happened yet. The Court also notes that although, as a statistical matter, it is likely that at least some of Defendants' petitions may be granted, it is also the case that IPR institution rates at the PTAB continue to decline year-over-year, (D.I. 86, ex. B at 8; D.I. 93 at 4, 11). Moreover, as to the status of the case factor, while there is still much to do in this case, it is also true that: (1) the Complaint was filed 15 months ago; (2) a good amount of discovery has already been produced; and (3) the Court and the parties have invested time in a number of disputes that needed to be resolved. (D.I. 93 at 3-4, 10-11) And the amount of additional case-related work that will occur between now and when all of the IPR institution decisions have been made (i.e., by late August 2021) is not that extensive. For all these reasons, the Court will not order a stay at this time. That said, the Court takes Defendants' point that the Markman hearing is currently scheduled to occur right in the midst of the July-August 2021 time frame when all of the seven institution decisions will be handed down. (D.I. 86 at 7, 9; D.I. 96 at 2-3) Prior to holding the Markman hearing and ruling on claim construction, the Court would like to know which of the IPR petitions have been granted/denied and whether Defendants seek to renew their motion to stay (and why). Therefore, the Court also ORDERS that: (1) the Markman Hearing is RESCHEDULED to 9/24/2021 at 11:00 AM; (2) By no later than September 8, 2021, Defendants shall file a one-page letter with the Court indicating whether they seek to renew their stay motion.; and (3) If Defendants do seek to renew that motion, the Court will order truncated letter briefing so that it can decide the issue before the Markman hearing occurs. Ordered by Judge Christopher J. Burke on 5/20/2021. (mlc) |
| May 19, 2021 | 107 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Plaintiff's Second Set of Interrogatories to Defendants (Nos. 9-13) - filed by Speyside Medical, LLC.(Egan, Brian) |
| Apr 28, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiff's litigation funding agreement, (see D.I. 104), concludes that it appears to provide a security interest in four of the patents-in-suit to a third party, which has not been exercised (and likely would not be exercised, if ever, for quite some time). Thus, for the reasons previously stated, Defendants' motion for reconsideration is DENIED to the extent it argues that such agreement and related communications would be relevant to standing. However, it appears to the Court that a portion of the agreement (e.g., Section 2.1.1) is not about funding this litigation, but instead is about how the third party funder provided Plaintiff with an amount of money that Plaintiff then used to actually purchase the four patents-in-suit. That portion of the agreement, and any communications relating to it, would appear to be relevant to damages in this case (such that were that content not privileged or work product protected, it should be produced). See, e.g., Integra Lifesciences I, Ltd. v. Merck KGaA, 331 F.3d 860, 871 (Fed. Cir. 2003); Finjan, LLC v. ESET, LLC, Case No.: 17-cv-183-CAB-BGS, 2021 WL 1541651, at *6 (S.D. Cal. Apr. 20, 2021); TC Tech. LLC v. Sprint Corp., No. 16-cv-153-RGA, 2019 WL 2515779, at *10 (D. Del. June 18, 2019); Uniloc USA, Inc. v. Apple Inc., Case No. 19-cv-01692-EJD (VKD), 2020 WL 4368207, at *2 (N.D. Cal. July 30, 2020) (citing cases). The parties shall further meet and confer over this issue, and if any disagreement remains, they may utilize the Courts discovery dispute procedures to resolve it. Ordered by Judge Christopher J. Burke on 4/28/2021. (dlb) |
| Apr 21, 2021 | N/A | Set Hearings (0) Docket Text: ORAL ORDER Resetting Hearing: The Markman hearing in this matter, now to be held before Judge Burke, is rescheduled to August 11, 2021 at 11:00 a.m. Ordered by Judge Christopher J. Burke on 4/19/2021. (dlb) |
| Apr 20, 2021 | 105 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding document for in camera review - re [104] Oral Order,,,,,,,,,,,,,,. (Egan, Brian) |
| Apr 19, 2021 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: [85] MOTION to Stay pending inter partes review Motion referred to Christopher J. Burke.(dlb) |
| Apr 19, 2021 | N/A | Remark re Newer Attorneys (0) Docket Text: REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb) |
| Apr 19, 2021 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the referral order (D.I. 46) to Magistrate Judge Christopher J. Burke is amended as follows: Judge Burke will hear and resolve all pretrial matters, up to and including the end of fact discovery. This referral includes resolution of the pending motion to stay (D.I. [85]) and the Markman proceedings, including the Markman hearing. ORDERED by Judge Leonard P. Stark on 4/19/21.(ntl) |
| Apr 19, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having now reviewed the parties' supplemental letter briefs, (D.I. 95; D.I. 97; D.I. 99), in which Defendants ask the Court to reconsider its March 2, 2021 Order denying Defendants' request for Plaintiff to produce certain documents and communications (to the extent they are not privileged) relating to third-party funding (the "request"), (D.I. 88), hereby notes as follows: (1) The Court agrees with Plaintiff that in its March 2nd Order, the Court misstated the representation made by Plaintiff's counsel during oral argument about the nature of a third party's interest in the patents-in-suit. (D.I. 89) It appreciates Plaintiff's counsel's efforts to quickly and appropriately correct the record with regard to that issue.; (2) If the extent of the third-party funder's interest in the asserted patents is what Plaintiff says it is (i.e., that the funding agreement does not convey any license to the third-party funder and simply "include[s] a provision giving the funder a security interest in the patents to secure performance of that agreement" that "has not been exercised, and [] is not automatically triggered by any event"), (id.), then the Court cannot see how (and Defendants have not persuasively explained how) the agreement would now be relevant to a viable lack-of-standing affirmative defense. See Colibri Heart Valve LLC v. Medtronic CoreValve LLC, Case No. 8-20-cv-00847-DOC (JDEx) (C.D. Cal. Mar. 26, 2016) (concluding that a funding agreement providing an not-exercised security interest in the asserted patents to a litigation funder was not relevant to the issue of standing) (attached to D.I. 99); WAG Acquisition, LLC v. Multi Media, LLC, Civil Action No.: 14-2340 (ES) (MAH), 2019 WL 3804135, at *4 (D.N.J. Aug. 13, 2019) (concluding that the existence of a similar agreement did not deprive a plaintiff of standing). The Court also notes that no such affirmative defense has actually been pleaded in the case, (D.I. 97 at 1; see also D.I. 81), and that Defendants otherwise have the ability to propound discovery in an attempt to confirm certain of the contours of or the status of any third-party interest in the patents (and that if circumstances change in the future regarding the substance of Plaintiffs answers to such discovery requests, that Plaintiff would then presumably be required to update those answers), (D.I. 97 at 3).; (3) While the Court does not want to give the impression that in camera review should be a frequent occurrence, or a substitute for work that the parties can and should do themselves via discovery, here in light of our Court's precedent, see United Access Techs., LLC v. AT&T Corp., C.A. No. 11-338-LPS, 2020 WL 3128269, at *1 (D. Del. June 12, 2020), and Plaintiff's repeated offers to produce the agreement in camera, (see D.I. 97 at 1), the Court agrees that it makes sense for Plaintiff to do so, in order for the Court to confirm that what Plaintiff says about the agreement is in fact correct.; (4) Therefore the Court ORDERS that by no later than April 20, 2021, Plaintiff shall produce in camera to the Court the funding agreement in question (highlighting the relevant portions that the Court should direct its attention to). If the agreement is as Plaintiff says it is, the Court will thereafter expect to deny Defendants' request for reconsideration on lack-of-relevance grounds. Ordered by Judge Christopher J. Burke on 4/19/2021. (dlb) |
| Apr 14, 2021 | 102 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Speyside's Opening Claim Construction Brief - filed by Speyside Medical, LLC.(Egan, Brian) |
| Apr 13, 2021 | 101 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Speyside's Supplemental Initial Infringement Contentions filed by Speyside Medical, LLC.(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Main Document) (13) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit A) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit B) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit C) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit D) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit E) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit F) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit G) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit H) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit I) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 31, 2021 | 100 | Claim Construction Chart (Exhibit J) (30) Docket Text: CLAIM Construction Chart by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J)(Egan, Brian) |
| Mar 30, 2021 | 99 | Letter (Main Document) (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding supplemental authority. (Attachments: # (1) Exhibit)(Blumenfeld, Jack) |
| Mar 30, 2021 | 99 | Letter (Exhibit) (6) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding supplemental authority. (Attachments: # (1) Exhibit)(Blumenfeld, Jack) |
| Mar 25, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [98] STIPULATION TO EXTEND TIME to submit the Joint Claim Construction Chart to March 31, 2021 filed by Speyside Medical, LLC. Signed by Judge Leonard P. Stark on 3/24/21. (ntl) |
| Mar 23, 2021 | 98 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit the Joint Claim Construction Chart to March 31, 2021 - filed by Speyside Medical, LLC. (Egan, Brian) |
| Mar 19, 2021 | 96 | Reply Brief (14) Docket Text: REPLY BRIEF re [85] MOTION to Stay pending inter partes review filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Mar 19, 2021 | 97 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding discovery dispute - re [95] Letter. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Mar 19, 2021 | 97 | Letter (Exhibit A) (15) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding discovery dispute - re [95] Letter. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Mar 16, 2021 | 95 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding supplemental letter brief - re [92] Oral Order,,. (Biggs, Brian) |
| Mar 15, 2021 | 94 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Initial Proposed Terms for Construction and Proposed Constructions filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Mar 12, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' request to file a short supplemental letter brief regarding the parties' discovery dispute over a litigation funding agreement, (D.I. 91), hereby GRANTS Defendants' request, in light of the content of Plaintiff's recent letter, (D.I. 89). By no later than March 16, 2021, Defendants may file a supplemental letter brief of no more than two single-spaced pages, and by no later than March 19, 2021, Plaintiff may file a responsive letter brief of no more than two single-spaced pages. Ordered by Judge Christopher J. Burke on 3/12/2021. (dlb) |
| Mar 12, 2021 | 93 | Answering Brief in Opposition (Main Document) (19) Docket Text: ANSWERING BRIEF in Opposition re [85] MOTION to Stay pending inter partes review filed by Speyside Medical, LLC.Reply Brief due date per Local Rules is 3/19/2021. (Attachments: # (1) Exhibits 1-4)(Blumenfeld, Jack) |
| Mar 12, 2021 | 93 | Answering Brief in Opposition (Exhibits 1-4) (30) Docket Text: ANSWERING BRIEF in Opposition re [85] MOTION to Stay pending inter partes review filed by Speyside Medical, LLC.Reply Brief due date per Local Rules is 3/19/2021. (Attachments: # (1) Exhibits 1-4)(Blumenfeld, Jack) |
| Mar 11, 2021 | 91 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Discovery Dispute - re [89] Letter. (Biggs, Brian) |
| Mar 10, 2021 | 90 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Speyside's Preliminary Proposed Constructions filed by Speyside Medical, LLC.(Egan, Brian) |
| Mar 4, 2021 | 89 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding defendants' motion to compel - re [88] Oral Order,,,,,,,,,,,,. (Blumenfeld, Jack) |
| Mar 2, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' joint motion to resolve a discovery dispute, (D.I. 79), in which Defendants request that the Court order Plaintiff to produce certain documents and communications (to the extent they are not privileged) relating to third-party funding or financing of this case, and the letter briefs related thereto, (D.I. 82; D.I. 83), and having heard argument on March 1, 2021, hereby ORDERS that the request is DENIED. Since Defendants did not engage on the privilege issue, Plaintiffs' argument against production for now is focused on lack of relevance. (D.I. 83) On that score, Defendants' primary argument for relevance relates to standing, as they suggest that the litigation funding agreement at issue (it is not disputed that one exists here, though the identity of the third-party funder is not known to Defendants) could be relevant to standing if it happens to contain a clause that grants the third-party funder(s) some type of actual or conditional ownership/license to the patents-in-suit in some scenario. (D.I. 82) Yet Defendants acknowledge that they have no facts or evidence to suggest that the agreement does or might have such a provision (and Plaintiff's counsel has stated to the Court, on the record, that the agreement, in fact, does not). The Court agrees with Plaintiff that this amounts to seeking discovery based on pure speculation (and not on a baseline showing of relevance), which is prohibited. See Micro Motion, Inc. v. Kane Steel Co., Inc., 894 F.2d 1318, 1326 (Fed. Cir. 1990); United Access Techs., LLC v. AT&T Corp., C.A. No. 11-338-LPS, 2020 WL 3128269, at *2 (D. Del. June 12, 2020); cf. Ashghari-Kamrani v. United Servs. Auto. Assoc., Civil Action No. 2:15-cv-478, 2016 WL 11642670, at *4-6 (E.D. Va. May 31, 2016) (permitting discovery into whether a third party provided funding or resources to the plaintiff relating to an interest in the patents-in-suit, on the ground that the discovery was relevant to the issue of standing, but only when the court was presented with "substantial facts" indicating that the third party may have, pursuant to its funding agreement with plaintiff, obtained some sort of licensing rights regarding the patents). As for Defendants' alternate theory of relevancei.e., that the materials could be relevant to damages and the value of the patents in suitone District Judge of this Court has held that litigation funding agreements "are not [] relevant to the hypothetical negotiation between the parties" and "are so far removed from the hypothetical negotiation [as to] have no relevance" in that they are little more than "informed gambling on the outcome of litigation." AVM Techs., LLC v. Intel Corp., Civil Action No. 15-33-RGA, 2017 WL 1787562, at *3 (D. Del. May 1, 2017). The Court tends to agree that this is correct (and even if there might be some factual scenario where such an agreement is marginally relevant to the hypothetical negotiation at issue, the Court has not been presented with it here). Ordered by Judge Christopher J. Burke on 3/2/2021. (dlb) |
| Mar 1, 2021 | N/A | Discovery Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 3/1/2021. After hearing the parties regarding the disputes, the Court took the matter under advisement. APPEARANCES: B. Egan, S. Cherny and B. Biddinger for Speyside; B. Biggs, S. Panikowski and K. Grasso for Medtronic. (Court Reporter: Guy, Jennifer; Clerk: Sforza) (Court Reporter Jennifer Guy) (dlb) |
| Feb 26, 2021 | 85 | Motion to Stay (Main Document) (2) Docket Text: MOTION to Stay pending inter partes review - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Certification Pursuant to Local Rule 7.1.1, # (2) Text of Proposed Order)(Biggs, Brian) |
| Feb 26, 2021 | 85 | Motion to Stay (Certification Pursuant to Local Rule 7.1.1) (1) Docket Text: MOTION to Stay pending inter partes review - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Certification Pursuant to Local Rule 7.1.1, # (2) Text of Proposed Order)(Biggs, Brian) |
| Feb 26, 2021 | 85 | Motion to Stay (Text of Proposed Order) (1) Docket Text: MOTION to Stay pending inter partes review - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Certification Pursuant to Local Rule 7.1.1, # (2) Text of Proposed Order)(Biggs, Brian) |
| Feb 26, 2021 | 86 | Opening Brief in Support (Main Document) (18) Docket Text: OPENING BRIEF in Support re [85] MOTION to Stay pending inter partes review filed by Medtronic Corevalve, LLC, Medtronic, Inc..Answering Brief/Response due date per Local Rules is 3/12/2021. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Biggs, Brian) |
| Feb 26, 2021 | 86 | Opening Brief in Support (Exhibit A) (2) Docket Text: OPENING BRIEF in Support re [85] MOTION to Stay pending inter partes review filed by Medtronic Corevalve, LLC, Medtronic, Inc..Answering Brief/Response due date per Local Rules is 3/12/2021. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Biggs, Brian) |
| Feb 26, 2021 | 86 | Opening Brief in Support (Exhibit B) (22) Docket Text: OPENING BRIEF in Support re [85] MOTION to Stay pending inter partes review filed by Medtronic Corevalve, LLC, Medtronic, Inc..Answering Brief/Response due date per Local Rules is 3/12/2021. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Biggs, Brian) |
| Feb 26, 2021 | 87 | Redacted Document (16) Docket Text: REDACTED VERSION of [81] Answer to Amended Complaint, Defendants' Answer to Plaintiff's Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Feb 25, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having discussed the situation with the parties, hereby ORDERS that today's mediation is CANCELLED. Ordered by Judge Christopher J. Burke on 2/25/2021. (dlb) |
| Feb 24, 2021 | 83 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding discovery dispute. (Egan, Brian) |
| Feb 19, 2021 | N/A | Order (0) Docket Text: ORAL ORDER: In light of Judge Burke's grant of Plaintiff's motion for leave to file a Second Amended Complaint, (D.I. 73), the Court hereby ORDERS that Defendants' pending motion to dismiss, (D.I. 20), is DENIED as MOOT. ORDERED by Judge Leonard P. Stark on 2/19/21. (ntl) |
| Feb 19, 2021 | 82 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Discovery Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Text of Proposed Order)(Biggs, Brian) |
| Feb 19, 2021 | 82 | Letter (Exhibit 1) (5) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Discovery Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Text of Proposed Order)(Biggs, Brian) |
| Feb 19, 2021 | 82 | Letter (Exhibit 2) (8) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Discovery Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Text of Proposed Order)(Biggs, Brian) |
| Feb 19, 2021 | 82 | Letter (Text of Proposed Order) (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Discovery Dispute. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Text of Proposed Order)(Biggs, Brian) |
| Feb 18, 2021 | 79 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Dispute re 2/16/2021 Oral Order [D.I. 78] - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Feb 16, 2021 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 12, 2021 letter requesting a discovery teleconference. (D.I. 77) The Court hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to the dispute: (1) A discovery dispute teleconference is set for March 1, 2021 at 12:00 p.m. before Judge Christopher J. Burke.; (2) By no later than February 19, 2021, the moving parties shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues they are raising and their position on those issues; (3) By no later than February 24, 2021, the responding parties may file an answering letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition to the opening letter brief.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than February 24, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 2/16/2021. (dlb) |
| Feb 12, 2021 | 77 | Letter (2) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding discovery disputes. (Biggs, Brian) |
| Feb 10, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [75] MOTION for Pro Hac Vice Appearance of Attorney Stanley J. Panikowski filed by Medtronic Corevalve, LLC, Medtronic, Inc. Signed by Judge Leonard P. Stark on 2/10/21. (ntl) |
| Feb 10, 2021 | 76 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [74] Amended Complaint by Speyside Medical, LLC. (Attachments: # (1) Exhibits A-E)(Blumenfeld, Jack) |
| Feb 10, 2021 | 76 | Redacted Document (Exhibits A-E) (30) Docket Text: REDACTED VERSION of [74] Amended Complaint by Speyside Medical, LLC. (Attachments: # (1) Exhibits A-E)(Blumenfeld, Jack) |
| Feb 10, 2021 | 76 | Amended Complaint* (1) |
| Feb 9, 2021 | 75 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Stanley J. Panikowski - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Stanley J. Panikowski)(Biggs, Brian) |
| Feb 9, 2021 | 75 | Motion for Leave to Appear Pro Hac Vice (Text of Proposed Order) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Stanley J. Panikowski - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Stanley J. Panikowski)(Biggs, Brian) |
| Feb 9, 2021 | 75 | Motion for Leave to Appear Pro Hac Vice (Certification of Stanley J. Panikowski) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Stanley J. Panikowski - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Stanley J. Panikowski)(Biggs, Brian) |
| Feb 4, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having considered Plaintiff's motion for leave to file a Second Amended Complaint (the "Motion"), (D.I. 54), and having considered the parties' letter briefs, (D.I. 55; D.I. 64; D.I. 66), and Defendants' notice of supplemental authority, (D.I. 70), and having held a teleconference on the issue with the parties on February 1, 2021, hereby ORDERS as follows: (1) In light of the parties' discussions at oral argument (in which Plaintiff confirmed that it was not bringing pre-suit willful or indirect infringement claims as to the '040 patent), the key remaining issue relates to whether the Motion should be denied on futility grounds because, as Defendants argue, the proposed Second Amended Complaint ("SAC") does not sufficiently allege that prior to suit, the Defendants had the requisite form of knowledge of their alleged willful and indirect infringement of the four other patents-in-suit (the "patents-in-suit"). The standard for assessing futility of amendment is the same standard of legal sufficiency that applies under Fed. R. Civ. P. 12(b)(6). In re Burlington Coat Factory Secs. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997); Dasso Int'l, Inc. v. MOSO N. Am., Inc., Civil Action No. 17-1574-RGA, 2020 WL 6287673, at *1 (D. Del. Oct. 27, 2020). Under Fed. R. Civ. P. 15(a), which governs amendments to pleadings, the court should freely give leave to amend when justice so requires. Fed. R. Civ. P. 15(a)(2).; (2) To support its claim for pre-suit willful infringement, Plaintiff must sufficiently allege, inter alia, that Defendants "knew, or should have known" that their conduct amounted to infringement of the patents. Valinge Innovation AB v. Halstead New England Corp., Civil Action No. 16-1082-LPS-CJB, 2018 WL 2411218, at *13 (D. Del. May 29, 2018), report and recommendation adopted, 2018 WL 11013901 (D. Del. Nov. 6, 2018). Likewise, Plaintiff must sufficiently allege "knowledge that the acts [at issue] constitute patent infringement" to support its claims for induced and contributory infringement. Princeton Digital Image Corp. v. Ubisoft Entm't SA, Civil Action No. 13-335-LPS-CJB, 2016 WL 6594076, at *4 (D. Del. Nov. 4, 2016) (internal quotation marks and citation omitted) (alteration in original), report and recommendation adopted, 2017 WL 6337188 (D. Del. Dec. 12, 2017).; (3) Although the issue is not free from doubt, the Court concludes that Plaintiff has pleaded enough facts to plausibly indicate that Defendants had the requisite pre-suit knowledge of their alleged willful, induced and/or contributory infringement, in light of the following: (a) The proposed SAC alleges that Defendants' employee, Chris Eso, along with an internal "team" of individuals (including in-house intellectual property counsel) that Mr. Eso convened, spent considerable time in 2018 and 2019 reviewing the four patents-in-suit, in order to help Defendants determine whether they should buy those and other intellectual property. (D.I. 55, ex. 1 at paras. 28-32; id., ex. 12); (b) At the time, Mr. Eso was "Medtronic's VP of Corporate Development for the Cardiac and Vascular Group," (id., ex. 1 at para. 27), and the accused products, which include Medtronic's "Evolut[] and CoreValve[] transcatheter aortic valve replacement" products, (id. at paras. 7, 24), appear to be products for which Mr. Eso's group had oversight responsibility (thus, the group would presumably have been particularly knowledgeable about those products and how they work).; (c) The four patents-in-suit that Defendants were studying all appear to be patents regarding methods or apparatuses relating to aortic valve replacement, (see D.I. 19, exs. A-D), and the accused products are such products, (D.I. 55, ex. 1 at para. 7).; and (d) The Evolut and CoreValve products appear, from their description in the proposed SAC, to be substantial and important products of Defendants. (D.I. 55, ex. 1 at paras. 24, 38); (4) The Court is also bearing in mind that all Plaintiff needs to put forward here are plausible allegations of pre-suit knowledge. Even if the Court does not think it is likely or probable that Plaintiff will ultimately prevail as to these allegations, plausibility is all that is needed now.; (5) Therefore, although none of the pre-suit communications with Defendants about the patents-in-suit involved a direct accusation that Defendants infringed those patents, and although none of the communications specifically identified the accused products in this case, in light of the other facts listed above, Plaintiffs Motion is GRANTED. Cf. Sunoco Partners Mktg. & Terminals L.P. v. Powder Springs Logistics, LLC, Civil Action No. 17-1390-LPS-CJB, 2019 WL 8641303, at *5 & n.5 (D. Del. Aug. 7, 2019), report and recommendation adopted, 2020 WL 1527321 (D. Del. Mar. 31, 2020); Elm 3DS Innovations, LLC v. Samsung Elecs. Co., Ltd., Civil Action No. 14-1430-LPS-CJB, 2015 WL 5725768, at *4 (D. Del. Sept. 29, 2015), report and recommendation adopted, 2016 WL 1274812 (Mar. 31, 2016).; and (6) By no later than February 5, 2021, Plaintiff shall file the SAC. Ordered by Judge Christopher J. Burke on 2/4/2021. (dlb) |
| Feb 1, 2021 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Teleconference regarding the Motion for Leave to File Second Amended Complaint (the "Motion"), (D.I. 54), held on February 1, 2021. After hearing the parties regarding the Motion, the Court took the matter under advisement. (Clerk, Sforza) APPEARANCES: J. Blumenfeld, B. Egan, S. Cherny and B. Biddinger for Plaintiff; B. Biggs, K. Grasso and J. McDermott for Defendants. (Court Reporter, Jennifer Guy, Hawkins Reporting) (Court Reporter Jennifer Guy) (dlb) |
| Feb 1, 2021 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Medtronic Corevalve, LLC and Medtronic, Inc.'s Initial Invalidity Contentions and document production Bates stamped MDT-SPEY00097984-MDT-SPEY00123511 filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Main Document) (3) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Exhibit A) (30) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Exhibit B) (30) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Exhibit C) (30) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Exhibit D) (30) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Exhibit E) (30) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Exhibit F) (30) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 29, 2021 | 71 | Notice (Other) (Exhibit G) (30) Docket Text: NOTICE of Defendants' Notice of Its Filing of Inter Partes Review Petitions with the Patent Office by Medtronic Corevalve, LLC, Medtronic, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Biggs, Brian) |
| Jan 28, 2021 | 70 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Defendants Medtronic Corevalve, LLC and Medtronic Inc.'s Notice of Supplemental Authority by Medtronic Corevalve, LLC, Medtronic, Inc. re [54] MOTION for Leave to File Second Amended Complaint (Attachments: # (1) Exhibit 1)(Biggs, Brian) |
| Jan 28, 2021 | 70 | Notice (Other) (Exhibit 1) (15) Docket Text: NOTICE of Defendants Medtronic Corevalve, LLC and Medtronic Inc.'s Notice of Supplemental Authority by Medtronic Corevalve, LLC, Medtronic, Inc. re [54] MOTION for Leave to File Second Amended Complaint (Attachments: # (1) Exhibit 1)(Biggs, Brian) |
| Jan 19, 2021 | 69 | Redacted Document (4) Docket Text: REDACTED VERSION of [66] Letter by Speyside Medical, LLC. (Egan, Brian) |
| Jan 14, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kathryn Riley Grasso for Medtronic Corevalve, LLC and Medtronic, 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. (mal) |
| Jan 12, 2021 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Hearing on Motion D.I. 54 MOTION for Leave to File Second Amended Complaint: The Court, having reviewed the parties' January 11, 2021 letter, (D.I. 67), hereby ORDERS that a teleconference to hear argument regarding Plaintiffs' Motion for Leave to File Second Amended Complaint is set for February 1, 2021 at 4:00 p.m. before Judge Christopher J. Burke. By no later than January 28, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call. Ordered by Judge Christopher J. Burke on 1/12/2021. (dlb) |
| Jan 11, 2021 | 65 | Redacted Document (8) Docket Text: REDACTED VERSION of [64] Letter, Letter Brief in Support of Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Jan 11, 2021 | 67 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding request for oral argument - re [54] MOTION for Leave to File Second Amended Complaint. (Egan, Brian) |
| Jan 4, 2021 | N/A | Order Referring Motion (0) Docket Text: ORAL ORDER: Pursuant to 28 U.S.C. § 636, IT IS HEREBY ORDERED that the following motion is referred to Magistrate Judge Christopher J. Burke: Motion to Amend (D.I. [54]). ORDERED by Judge Leonard P. Stark on 1/4/21. (ntl) |
| Dec 30, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [59] STIPULATION TO EXTEND TIME for Defendants to serve their responsive letter to the Motion to Amend to January 4, 2020 and the time for Plaintiff to serve their reply letter to January 11, 2020 filed by Medtronic Corevalve, LLC, Medtronic, Inc. Signed by Judge Leonard P. Stark on 12/30/20. (ntl) |
| Dec 30, 2020 | 62 | Protective Order (20) Docket Text: PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 12/30/2020. (mlc) |
| Dec 28, 2020 | 59 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Defendants to serve their responsive letter to the Motion to Amend to January 4, 2020 and the time for Plaintiff to serve their reply letter to January 11, 2020 - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Dec 28, 2020 | 60 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding case status - re [54] MOTION for Leave to File Second Amended Complaint, [20] MOTION to Dismiss for Failure to State a Claim . (Blumenfeld, Jack) |
| Dec 28, 2020 | 61 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [55] Letter by Speyside Medical, LLC. (Attachments: # (1) Exhibits 1-12)(Egan, Brian) |
| Dec 28, 2020 | 61 | Redacted Document (Exhibits 1-12) (30) Docket Text: REDACTED VERSION of [55] Letter by Speyside Medical, LLC. (Attachments: # (1) Exhibits 1-12)(Egan, Brian) |
| Dec 22, 2020 | 58 | Proposed Order (20) Docket Text: PROPOSED ORDER --[Stipulated] Protective Order-- by Speyside Medical, LLC. (Egan, Brian) |
| Dec 21, 2020 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Resetting Mediation Conference: A Mediation Conference is now set for 2/25/2021 at 10:00 AM before Judge Christopher J. Burke. All other terms of the previous order at D.I. 49 remains in effect. Counsel shall e-mail Deborah Benyo the Confidential Mediation statements by February 18, 2021 and provide the Court with the names of all participants and the appropriate video conference links or dial-in information as well as a link for the morning's joint mediation orientation by no later than the due date of the Confidential Mediation Statements.. Signed by Judge Christopher J. Burke on 12/21/2020. (dlb) |
| Dec 18, 2020 | 54 | Motion for Leave to File (3) Docket Text: MOTION for Leave to File Second Amended Complaint - filed by Speyside Medical, LLC. (Egan, Brian) |
| Dec 18, 2020 | 56 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Protective Order - re [47] Order Setting Teleconference,,,,,, [52] Letter. (Attachments: # (1) Exhibit A)(Biggs, Brian) |
| Dec 18, 2020 | 56 | Letter (Exhibit A) (4) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Protective Order - re [47] Order Setting Teleconference,,,,,, [52] Letter. (Attachments: # (1) Exhibit A)(Biggs, Brian) |
| Dec 11, 2020 | 50 | Motion for Hearing (2) Docket Text: Joint MOTION for Hearing (Teleconference to Resolve Protective Order Dispute) - filed by Speyside Medical, LLC. (Egan, Brian) |
| Dec 11, 2020 | 51 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke from Brian A. Biggs regarding Protective Order Dispute - re [47] Order Setting Teleconference,,,,,,. (Biggs, Brian) |
| Dec 11, 2020 | 52 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Protective Order dispute - re [47] Order Setting Teleconference,,,,,,. (Attachments: # (1) Ex. 1)(Egan, Brian) |
| Dec 11, 2020 | 52 | Letter (Ex. 1) (22) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Protective Order dispute - re [47] Order Setting Teleconference,,,,,,. (Attachments: # (1) Ex. 1)(Egan, Brian) |
| Dec 11, 2020 | 53 | Declaration (3) Docket Text: DECLARATION re [51] Letter Declaration of Amy Lydon by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Dec 8, 2020 | 49 | Order Setting Mediation Conferences (7) Docket Text: ORDER Setting Mediation Conference: A Mediation Conference is set for 1/28/2021 at 10:00 AM before Judge Christopher J. Burke. To the extent this Order refers to an in-person appearance, the parties' participation shall be via telephone or via video conference. Counsel shall e-mail Deborah Benyo the Confidential Mediation statements by January 21, 2021 and provide the Court with the names of all participants and the appropriate video conference links or dial-in information as well as a link for the morning's joint mediation orientation by no later than the due date of the Confidential Mediation Statements. Signed by Judge Christopher J. Burke on 12/8/2020. (dlb) |
| Dec 4, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER setting protective order dispute teleconference: The Court, having reviewed the parties' joint letter regarding a protective order dispute, (D.I. 43), hereby ORDERS that the procedures for resolving a protective order dispute set out in paragraph 8(g) of the Scheduling Order, (D.I. 35), will be modified as follows: (1) The parties shall file a "Joint Motion for Teleconference to Resolve Protective Order Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website; (2) A protective order dispute teleconference will be held on Monday, December 21, 2020 at 12:00 p.m., with Plaintiff's counsel to initiate the call; (3) On December 11, 2020, each party shall file with the Court a letter, not to exceed two (2) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues, including the party's proposal as to how the content of the disputed portion(s) of the protective order should read. On December 18, 2020, each party may file a letter, not to exceed two (2) pages, in no less than 12-point font, outlining that party's response to the opposing party's initial letter.; (4) By no later than December 18, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (5) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 12/4/2020. (dlb) |
| Dec 4, 2020 | 48 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Speyside's Initial Infringement Contentions filed by Speyside Medical, LLC.(Egan, Brian) |
| Dec 3, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that [14] MOTION to Dismiss filed by Medtronic Corevalve, LLC, Medtronic, Inc. is DENIED AS MOOT. ORDERED by Judge Leonard P. Stark on 12/3/20. (ntl) |
| Dec 3, 2020 | N/A | Order Referring Motion (0) Docket Text: ORAL ORDER: Pursuant to 28 U.S.C. § 636, IT IS HEREBY ORDERED that the following motion is referred to Magistrate Judge Christopher J. Burke: Motion to Dismiss (D.I. [20]). IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Christopher J. Burke, pursuant to 28 U.S.C. § 636(b), to hear and resolve all discovery and protective order disputes, including the pending request (D.I. [43]). ORDERED by Judge Leonard P. Stark on 12/3/20.(ntl) |
| Nov 23, 2020 | 44 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Supplemental Response to Plaintiff's Interrogatory No. 5 filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Larson, Erin) |
| Nov 20, 2020 | 43 | Letter (2) Docket Text: Letter to The Honorable Leonard P. Stark from Brian P. Egan regarding the parties request the scheduling of a protective order dispute teleconference. (Egan, Brian) |
| Nov 18, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [40] STIPULATION TO EXTEND TIME to submit a proposed form of protective order to November 20, 2020 filed by Speyside Medical, LLC. Signed by Judge Leonard P. Stark on 11/18/20. (ntl) |
| Nov 16, 2020 | 42 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Medtronic Corevalve, LLC and Medtronic, Inc.'s Initial Disclosures filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Nov 13, 2020 | 40 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit a proposed form of protective order to November 20, 2020 - filed by Speyside Medical, LLC. (Egan, Brian) |
| Nov 13, 2020 | 41 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Speyside Medical, LLC's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and Paragraph 3 of the Default Standard for Discovery filed by Speyside Medical, LLC.(Egan, Brian) |
| Oct 23, 2020 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Core Technical Documents re [35] Scheduling Order,, filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Larson, Erin) |
| Oct 19, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: In light of the October 15, 2020 mediation referral, if during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 10/19/2020. (dlb) |
| Oct 19, 2020 | 38 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of Denise S. Kraft by Medtronic Corevalve, LLC, Medtronic, Inc. (Biggs, Brian) |
| Oct 16, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [36] MOTION for Pro Hac Vice Appearance of Attorney Matthew Ganas filed by Medtronic Corevalve, LLC, Medtronic, Inc.. Signed by Judge Leonard P. Stark on 10/16/20. (ntl) |
| Oct 15, 2020 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
| Oct 15, 2020 | 35 | Scheduling Order (15) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 11/23/2021. Status Report due by 7/14/2021. Dispositive Motions due by 4/13/2022. An Oral Argument is set for 6/28/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Joint Claim Construction Brief due by 6/23/2021. A Markman Hearing is set for 7/26/2021 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 9/19/2022. A Final Pretrial Conference is set for 9/30/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A 10-day Jury Trial is set for 10/11/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 10/15/20. (ntl) |
| Oct 15, 2020 | 36 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matthew Ganas - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Matthew Ganas)(Larson, Erin) |
| Oct 15, 2020 | 36 | Motion for Leave to Appear Pro Hac Vice (Text of Proposed Order) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matthew Ganas - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Matthew Ganas)(Larson, Erin) |
| Oct 15, 2020 | 36 | Motion for Leave to Appear Pro Hac Vice (Certification of Matthew Ganas) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matthew Ganas - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Matthew Ganas)(Larson, Erin) |
| Oct 9, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [34] MOTION for Pro Hac Vice Appearance of Attorney John W. McCauley and Jared Kneitel filed by Speyside Medical, LLC. Signed by Judge Leonard P. Stark on 10/9/20. (ntl) |
| Oct 8, 2020 | 34 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John W. McCauley and Jared Kneitel - filed by Speyside Medical, LLC. (Egan, Brian) |
| Oct 7, 2020 | 33 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants' Responses to Plaintiff's First Set of Interrogatories (NOS. 1-8) and (2) Defendants' Responses to Plaintiff's First Set of Requests for Production (NOS. 1-73) filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Sep 28, 2020 | 32 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Speyside Medical, LLC's Responses and Objections to Defendants' First Set of Requests for Production of Documents (Nos. 1-91); and (2) Plaintiff Speyside Medical, LLC's Responses and Objections to Defendants' First Set of Interrogatories (Nos. 1-12) filed by Speyside Medical, LLC.(Egan, Brian) |
| Sep 2, 2020 | 31 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff's First Set of Interrogatories to Defendants (Nos. 1-8); and (2) Plaintiff's First Set of Requests to Defendants for the Production of Documents and Things (Nos. 1-73) filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 31, 2020 | 30 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Medtronic Corevalve, LLC and Medtronic, Inc.'s First Set of Requests for Production of Documents to Plaintiff Speyside Medical, LLC (NOS. 1-91) and Defendants Medtronic Corevalve, LLC and Medtronic, Inc.'s First Set of Interrogatories Propounded on Plaintiff Speyside Medical, LLC (NOS. 1-12) filed by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Aug 28, 2020 | 29 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Speyside Medical's Identification of Accused Products, Asserted Patents and Damages Model filed by Speyside Medical, LLC.(Egan, Brian) |
| Aug 7, 2020 | 28 | Proposed Order (Main Document) (15) Docket Text: PROPOSED ORDER -- Scheduling Order -- by Speyside Medical, LLC. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Blumenfeld, Jack) |
| Aug 7, 2020 | 28 | Proposed Order (Letter to The Honorable Leonard P. Stark) (1) Docket Text: PROPOSED ORDER -- Scheduling Order -- by Speyside Medical, LLC. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Blumenfeld, Jack) |
| Jul 29, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: Having reviewed the parties' letters of July 21, IT IS HEREBY ORDERED that the parties shall meet and confer and submit a proposed schedule by August 7, 2020. ORDERED by Judge Leonard P. Stark on 7/29/20. (ntl) |
| Jul 21, 2020 | 25 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding request for an Order to start the process leading to the entry of a Scheduling Order. (Blumenfeld, Jack) |
| Jul 21, 2020 | 26 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Brian A. Biggs regarding opposing Plaintiff's request for an Order to start the process leading to the entry of a Scheduling Order - re [25] Letter. (Biggs, Brian) |
| Jul 17, 2020 | 24 | Reply Brief (15) Docket Text: REPLY BRIEF re [20] MOTION to Dismiss for Failure to State a Claim filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| Jul 10, 2020 | 23 | Answering Brief in Opposition (26) Docket Text: ANSWERING BRIEF in Opposition re [20] MOTION to Dismiss for Failure to State a Claim filed by Speyside Medical, LLC.Reply Brief due date per Local Rules is 7/17/2020. (Egan, Brian) |
| Jun 26, 2020 | 20 | 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 Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Proposed Order)(Biggs, Brian) |
| Jun 26, 2020 | 20 | Motion to Dismiss for Failure to State a Claim (Proposed Order) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Proposed Order)(Biggs, Brian) |
| Jun 26, 2020 | 21 | Opening Brief in Support (Main Document) (23) Docket Text: OPENING BRIEF in Support re [20] MOTION to Dismiss for Failure to State a Claim filed by Medtronic Corevalve, LLC, Medtronic, Inc..Answering Brief/Response due date per Local Rules is 7/10/2020. (Attachments: # (1) Exhibit A-D)(Biggs, Brian) |
| Jun 26, 2020 | 21 | Opening Brief in Support (Exhibit A-D) (30) Docket Text: OPENING BRIEF in Support re [20] MOTION to Dismiss for Failure to State a Claim filed by Medtronic Corevalve, LLC, Medtronic, Inc..Answering Brief/Response due date per Local Rules is 7/10/2020. (Attachments: # (1) Exhibit A-D)(Biggs, Brian) |
| Jun 26, 2020 | 22 | Answer to Amended Complaint (14) Docket Text: ANSWER to Amended Complaint, re: [19] Amended Complaint with Jury Demand by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| Jun 12, 2020 | 19 | Amended Complaint (Main Document) (30) Docket Text: AMENDED COMPLAINT against Medtronic Corevalve, LLC and Medtronic, Inc. - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibits A-E)(Blumenfeld, Jack) Modified on 6/15/2020 (ntl). |
| Jun 12, 2020 | 19 | Amended Complaint (Exhibits A-E) (30) Docket Text: AMENDED COMPLAINT against Medtronic Corevalve, LLC and Medtronic, Inc. - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibits A-E)(Blumenfeld, Jack) Modified on 6/15/2020 (ntl). |
| Jun 2, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney James M. Heintz and Mark Fowler for Medtronic Corevalve, LLC and Medtronic, 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. (mal) |
| Jun 1, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [18] MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Kathryn Riley Grasso, and James Heintz filed by Medtronic Corevalve, LLC, Medtronic, Inc. Signed by Judge Leonard P. Stark on 6/1/20. (ntl) |
| Jun 1, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [13] Stipulation of Dismissal as to Medtronic PLC filed by Speyside Medical, LLC -- Party Medtronic PLC terminated. Signed by Judge Leonard P. Stark on 6/1/20. (ntl) |
| May 29, 2020 | 14 | 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 Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order)(Biggs, Brian) |
| May 29, 2020 | 14 | 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 Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order)(Biggs, Brian) |
| May 29, 2020 | 15 | Opening Brief in Support (18) Docket Text: OPENING BRIEF in Support re [14] MOTION to Dismiss for Failure to State a Claim filed by Medtronic Corevalve, LLC, Medtronic, Inc..Answering Brief/Response due date per Local Rules is 6/12/2020. (Biggs, Brian) |
| May 29, 2020 | 16 | Answer to Complaint (13) Docket Text: ANSWER to [1] Complaint, with Jury Demand by Medtronic Corevalve, LLC, Medtronic, Inc..(Biggs, Brian) |
| May 29, 2020 | 17 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Medtronic Inc. for Medtronic Corevalve, LLC; Corporate Parent Medtronic Plc for Medtronic, Inc. filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Biggs, Brian) |
| May 29, 2020 | 18 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Kathryn Riley Grasso, and James Heintz - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Mark Fowler, # (3) Certification of Kathryn Grasso, # (4) Certification of James Heintz)(Biggs, Brian) |
| May 29, 2020 | 18 | Motion for Leave to Appear Pro Hac Vice (Text of Proposed Order) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Kathryn Riley Grasso, and James Heintz - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Mark Fowler, # (3) Certification of Kathryn Grasso, # (4) Certification of James Heintz)(Biggs, Brian) |
| May 29, 2020 | 18 | Motion for Leave to Appear Pro Hac Vice (Certification of Mark Fowler) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Kathryn Riley Grasso, and James Heintz - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Mark Fowler, # (3) Certification of Kathryn Grasso, # (4) Certification of James Heintz)(Biggs, Brian) |
| May 29, 2020 | 18 | Motion for Leave to Appear Pro Hac Vice (Certification of Kathryn Grasso) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Kathryn Riley Grasso, and James Heintz - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Mark Fowler, # (3) Certification of Kathryn Grasso, # (4) Certification of James Heintz)(Biggs, Brian) |
| May 29, 2020 | 18 | Motion for Leave to Appear Pro Hac Vice (Certification of James Heintz) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Kathryn Riley Grasso, and James Heintz - filed by Medtronic Corevalve, LLC, Medtronic, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Certification of Mark Fowler, # (3) Certification of Kathryn Grasso, # (4) Certification of James Heintz)(Biggs, Brian) |
| May 26, 2020 | 13 | Stipulation of Dismissal (3) Docket Text: STIPULATION of Dismissal of Medtronic plc by Speyside Medical, LLC. (Blumenfeld, Jack) |
| Apr 22, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] MOTION for Pro Hac Vice Appearance of Attorney Edward J. DeFranco, Steven C. Cherny, James E. Baker, Brian P. Biddinger, Anne-Raphalle Aubry, and Akilesh Shastri filed by Speyside Medical, LLC. Signed by Judge Leonard P. Stark on 4/22/20. (ntl) |
| Apr 22, 2020 | 11 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Brian P. Egan on behalf of Speyside Medical, LLC (Egan, Brian) |
| Apr 22, 2020 | 12 | Motion for Leave to Appear Pro Hac Vice (9) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Edward J. DeFranco, Steven C. Cherny, James E. Baker, Brian P. Biddinger, Anne-Raphalle Aubry, and Akilesh Shastri - filed by Speyside Medical, LLC. (Egan, Brian) |
| Apr 2, 2020 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Brian A. Biggs on behalf of Medtronic Corevalve, LLC, Medtronic PLC, Medtronic, Inc. (Biggs, Brian) |
| Mar 31, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [8] STIPULATION TO EXTEND TIME to Answer Complaint to May 29, 2020 filed by Medtronic Corevalve, LLC, Medtronic, Inc., Medtronic PLC. Signed by Judge Leonard P. Stark on 3/31/20. (ntl) |
| Mar 31, 2020 | 9 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Erin E. Larson on behalf of Medtronic Corevalve, LLC, Medtronic PLC, Medtronic, Inc. (Larson, Erin) |
| Mar 30, 2020 | 8 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Answer Complaint to May 29, 2020 - filed by Medtronic Corevalve, LLC, Medtronic PLC, Medtronic, Inc.. (Kraft, Denise) |
| Mar 25, 2020 | 7 | Notice (Other) (1) Docket Text: NOTICE of Substitution of Counsel by Speyside Medical, LLC (Blumenfeld, Jack) |
| Mar 18, 2020 | 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) |
| Mar 17, 2020 | 5 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Speyside Medical, LLC. Medtronic Corevalve, LLC served on 3/16/2020, answer due 4/6/2020. (Phillips, John) |
| Mar 17, 2020 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Speyside Medical, LLC. Medtronic, Inc. served on 3/16/2020, answer due 4/6/2020. (Phillips, John) |
| Mar 13, 2020 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Medtronic Corevalve, LLC; Medtronic PLC; and Medtronic, Inc. on 3/13/2020. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (amf) |
| Mar 13, 2020 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Medtronic Corevalve, LLC, and Medtronic PLC, Medtronic, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2877131) - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet)(amf) |
| Mar 13, 2020 | 1 | Complaint (Exhibit A) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Medtronic Corevalve, LLC, and Medtronic PLC, Medtronic, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2877131) - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet)(amf) |
| Mar 13, 2020 | 1 | Complaint (Exhibit B) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Medtronic Corevalve, LLC, and Medtronic PLC, Medtronic, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2877131) - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet)(amf) |
| Mar 13, 2020 | 1 | Complaint (Exhibit C) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Medtronic Corevalve, LLC, and Medtronic PLC, Medtronic, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2877131) - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet)(amf) |
| Mar 13, 2020 | 1 | Complaint (Exhibit D) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Medtronic Corevalve, LLC, and Medtronic PLC, Medtronic, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2877131) - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet)(amf) |
| Mar 13, 2020 | 1 | Complaint (Exhibit E) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Medtronic Corevalve, LLC, and Medtronic PLC, Medtronic, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2877131) - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet)(amf) |
| Mar 13, 2020 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Medtronic Corevalve, LLC, and Medtronic PLC, Medtronic, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2877131) - filed by Speyside Medical, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Civil Cover Sheet)(amf) |
| Mar 13, 2020 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
| Mar 13, 2020 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,377,118 ;9,445,897 ;9,510,941 ;9,603,708 ;10,449,040. (amf) |
| Mar 13, 2020 | 4 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Speyside Medical, LLC. (amf) |
| Mar 13, 2020 | 1 | Complaint* (1) |
