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Case number 1:21-cv-05445

Think Green Limited v. Medela AG et al > Documents

Date Field Doc. No.Description (Pages)
Oct 11, 2023 238 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 237 which reports that parties are finishing up written discovery responses and scheduling depositions. A further joint status report is due on 11/17/2023 to update the Court on (a) the progress of fact discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. To the extent that the Court's resolution of defendants' pending motion 218 220 impacts the 11/15/2023 fact discovery deadline 236 , the Court will address the deadline and expert discovery schedule accordingly. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 10/11/2023) (1)
Oct 10, 2023 237 STATUS Report of the Parties, by Medela and by Think Green Limited Presented before Magistrate Judge (La Porte, Michael) (Entered: 10/10/2023) (2)
Sep 25, 2023 236 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint motion 235 to extend the fact and expert discovery deadlines by thirty days for the purposes of completing oral discovery. The Court grants the parties' motion 235 and modifies the discovery schedule as follows. Fact discovery, including oral discovery, to be completed by 11/15/2023. Disclosure of experts and reports due 12/13/2023. Disclosure of rebuttal experts due 01/17/2024. Expert discovery to be completed by 02/14/2024. The joint status report due 10/10/2023 stands. 230 . Mailed notice. (pk, ) (Entered: 09/25/2023) (1)
Sep 22, 2023 235 MOTION by Defendants Medela AG, Medela LLC for extension of time to complete discovery Presented before Magistrate Judge (Lucas, John) (Entered: 09/22/2023) (2)
Sep 19, 2023 234 REPLY by Defendants Medela AG, Medela LLC to motion to compel, 218 Medela's Reply re: Motion to Compel Document Production (Attachments: # 1 Exhibit M, # 2 Exhibit N, # 3 Exhibit O)(Lucas, John) (Entered: 09/19/2023) (0)
Sep 12, 2023 233 MINUTE entry before the Honorable Heather K. McShain: By 09/19/2023, Defendants are ordered to file a reply of no more than 5 pages to Defendants' Motion to Compel Document Production 218 , 220 , specifically addressing plaintiff's claims that defendants failed to exhaust meet-and-confer requirements relating to several of the discovery requests raised in defendants' motion. Mailed notice. (pk, ) (Entered: 09/12/2023) (1)
Sep 11, 2023 230 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 229 which reports on oral discovery that plaintiff deposed Peter Bartley. Parties are currently rescheduling the deposition of plaintiff's Rule 30(b)(6) representative because of the pending motions to compel 213 218 228 . On written discovery, parties agreed to exchange privilege logs by 09/15/2023. In light of the parties' diligence in pursuing discovery and the pending discovery motions 213 218 228 , the Court finds good cause to extend the fact discovery deadline 212 thirty days until 10/16/2023. Parties are placed on notice that the Court has updated its standing order on discovery motion requirements. This update makes changes to the parties' meet-and-confer requirements. In advance of the filing of any discovery motion, parties are directed to review Magistrate Judge McShain's updated requirements for discovery motions (available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for " Discovery Motion Requirements "). Moving forward, any motion that does not comply with the Court's standing order will be considered unripe for the Court's consideration. A further joint status report is due on 10/10/2023 to update the Court on (a) the progress of fact discovery; (b the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement.. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 09/11/2023) (2)
Sep 11, 2023 231 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed plaintiff's motion to compel 226 228 which requests the Court order defendants to produce documents responsive to plaintiff's request for production ("RFP") No. 5. 228 1. RFP No. 5 requests "[a]ll documents relating to financial information for the accused breast pumps, including sales volumes, net sales, revenues, and costs since launch." [Id.]. Defendants responded to RFP No. 5, stating in part, that they would search for and produce responsive non-privileged documents to the extent that such documents exist. [Id.]. Plaintiff explains that while defendants have produced summaries listing the requested information, defendants have not produced the underlying data. [Id.] 2. Plaintiff argues that it needs the underlying financial data to verify and investigate defendants' produced summaries. [Id.]. "Federal Rule of Civil Procedure 26 governs the scope of civil discovery and allows parties to obtain discovery regarding any matter that is: (1) nonprivileged; (2) relevant to any party's claim or defense; and (3) proportional to the needs of the case." Barnes-Staples v. Murphy, No. 20-cv-3627, 2021 WL 1426875, at *2 (N.D. Ill. Apr. 15, 2021). The Court concludes that plaintiff is entitled to the underlying financial data, not just summaries. Summaries are generally inadmissible evidence unless access is provided to the underlying documents from which the summaries have been prepared. See Last Atlantis Capital LLC v. AGS Specialist Partners, 262 F.Supp.3d 641, 679 (N.D. Ill. 2017) (citing Fed. R. Evid. 1006). "If the evidence rules themselves reflect the lack of trustworthiness of summaries of undisclosed documents, it would seem unwarranted to prevent a party-opponent in litigation from discovering the same type of information in order to verify that the summaries are accurate." Kehoe Component Sales, Inc. v. Best Lighting Prods., Inc., No. 2:08-cv-752, 2010 WL 596501, at *4 (S.D. Oh. Feb. 16, 2010); see also Fellowes, Inc. v. Aurora Corp. of America, No. 07 C 7237, 2009 WL 1097063, at *3 (N.D. Ill. Apr. 1, 2009) (finding plaintiff""entitled to the underlying financial data regarding revenue, units, costs and profits for each accused product, and not just summaries."). For all these reasons, plaintiff's motion to compel 226 228 is granted, plaintiff's accompanying motion to seal 227 is also granted, and defendants are ordered to produce this information by 09/29/2023. Mailed notice. (pk, ) (Entered: 09/11/2023) (2)
Sep 11, 2023 232 MINUTE entry before the Honorable Heather K. McShain: Defendants' opposed motion to compel plaintiff's principal Shu Ting Zhang to appear for an in-person deposition in Chicago 213 is denied. Defendants invoke "the so called 'apex doctrine'" in support of their motion to compel. Donald v. City of Chicago, No. 20 C 6815, 2022 WL 621814, at *1 (N.D. Ill. Mar. 3, 2022). This line of authority recognizes that "[c]ourts may protect high-level executives from being deposed when any of four circumstances exist: (1) the official has no unique personal knowledge of the matter in dispute; (2) the information can be garnered from other witnesses or (3) other discovery methods; and (4) sitting for the deposition would impose a hardship in light of the officer's duties." City of Rockford v. Mallinckrodt ARD, Inc., Case Nos. 17 CV 50107 & 20 CV 50056, 2020 WL 1675593, at *2 (N.D. Ill. Apr. 6, 2020) (internal quotation marks omitted). As decisions from the Northern District of Illinois have recognized, "what has colloquially come to be known as the apex 'doctrine... is not a doctrine in the strict sense of the word at all," nor is it "an ironclad rule." Donald, 2022 WL 621814, at *1. Rather, in deciding whether to spare high-level government or corporate officials from a deposition, courts are "sensitive[e] to the risk that very valuable executive time would be wasted where the officer has no real information." Id. (internal quotation marks omitted). Deciding whether to block such a deposition "ultimately involves an exercise of the court's vast, unquestioned discretion." Id.; see also Diamond Servs. Mgmt. Co. LLC v. C&C Jewelry Mfg., Inc., 2022 WL 4466076, at *16 (N.D. Ill. Sept. 26, 2022) ("magistrate judges enjoy extremely broad discretion in controlling discovery") (internal quotation marks omitted). A court addressing an apex-deposition objection should be mindful that "[c]ompletely prohibiting a deposition is an extraordinary measure," Mallinckrodt, 2020 WL 1675593, at *2 (internal quotation marks omitted), while also taking care not to shift the burden onto the party seeking to depose an apex witness. See id. (burden of party seeking protective order "does not shift simply because a party seeks to prevent the deposition of an apex witness"); see also Nucap Indus. Inc. v. Robert Bosch LLC, 2017 WL 6059770, at *2 (N.D. Ill. Dec. 7, 2017) ("Rather than shifting the burden to the party seeking discovery," apex doctrine "merely acknowledge[s] that when weighing the value of the material sought against the burden of providing it, courts may consider an employee's apex position and whether less burdensome alternatives are available") (citing Patterson v. Avery Dennison Corp., 281 F.3d 676, 681 (7th Cir. 2002)). As the Court reads plaintiff's opposition to the motion 217 , the fact is that plaintiff is willing to make Ms. Zhang, a co-owner of Think Green Limited, available for either a remote deposition or an in-person deposition in her home country of New Zealand. See [213-1] 2 (meet and confer email correspondence confirming that Think Green is willing to present Ms. Zhang for a remote deposition), 217 8-9 (opposition brief confirming that Ms. Zhang will agree to sit for an in-person deposition in New Zealand). This fact calls into question the applicability of the Apex factors, as this is not a situation in which Think Green is unwilling to make Ms. Zhang available for a deposition. Here, Ms. Zhang does not wish to leave her special needs child for whom she is the primary caregiver in order to travel for a deposition to occur in Chicago. [217-1]. If defendants are so concerned for the reasons cited in their motion as to the need for this deposition to take place in person, then they may pay their own costs and travel to New Zealand to depose Ms. Zhang. But the Court finds no basis to order plaintiff to pay the defense's travel expenses to the extent defendants wish to pursue an in-person deposition of Ms. Zhang in New Zealand, as the reasons cited by defendants in support of the in-person deposition are speculative at best in the Court's view. For these reasons and in the Court's broad discretion in controlling discovery, defendants' motion to compel an in-person deposition in Chicago of Ms. Zhang 213 is denied. Mailed notice. (pk, ) (Entered: 09/11/2023) (2)
Sep 8, 2023 229 STATUS Report of the Parties, by Medela and by Think Green Limited Presented before Magistrate Judge (La Porte, Michael) (Entered: 09/08/2023) (4)
Sep 7, 2023 226 SEALED MOTION by Counter Defendant Think Green Limited, Plaintiff Think Green Limited Presented before Magistrate Judge (Attachments: # 1 Exhibit A - Under Seal Financials, # 2 Exhibit B - Under Seal Financials)(La Porte, Michael) (Entered: 09/07/2023) (0)
Sep 7, 2023 227 MOTION by Counter Defendant Think Green Limited, Plaintiff Think Green Limited for leave to file to file Exhibits to Motion to Compel under Seal Presented before Magistrate Judge (La Porte, Michael) (Entered: 09/07/2023) (1)
Sep 7, 2023 228 MOTION by Counter Defendant Think Green Limited, Plaintiff Think Green Limited to compel financial data from defendant Medela. Presented before Magistrate Judge (Attachments: # 1 Exhibit A - Public Version Under Seal, # 2 Exhibit B - Public Version Under Seal)(La Porte, Michael) (Entered: 09/07/2023) (0)
Sep 5, 2023 225 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed plaintiff's response 224 to defendant's motion to compel 218 and accompanying motion to seal 223 . Plaintiff's motion to seal 223 is granted and the Court notes that plaintiff already filed a sealed version of its response on the docket 222 . Defendant's motion 218 , now fully briefed, is under advisement. Mailed notice. (pk, ) (Entered: 09/05/2023) (1)
Sep 1, 2023 222 SEALED RESPONSE by Think Green Limited to SEALED MOTION by Defendants Medela AG, Medela LLC Defendants' Motion to Compel Document Production Presented before Magistrate Judge 220 , MOTION by Defendants Medela AG, Medela LLC to compel Defendants' Motion to Compel Document Production Presented before Magistrate Judge 218 (La Porte, Michael) (Entered: 09/01/2023) (0)
Sep 1, 2023 223 MOTION by Counter Defendant Think Green Limited, Plaintiff Think Green Limited to seal document sealed response, 222 Presented before Magistrate Judge (La Porte, Michael) (Entered: 09/01/2023) (1)
Sep 1, 2023 224 RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC to compel In Person Deposition Presented before Magistrate Judge 213 , SEALED MOTION by Defendants Medela AG, Medela LLC Defendants' Motion to Compel Document Production Presented before Magistrate Judge 220 , MOTION by Defendants Medela AG, Medela LLC to compel Defendants' Motion to Compel Document Production Presented before Magistrate Judge 218 (Attachments: # 1 Exhibit A - Trade Dress App Excerpt, # 2 Exhibit B - Response to Office Action - Excerpt)(La Porte, Michael) (Entered: 09/01/2023) (0)
Aug 22, 2023 221 MINUTE entry before the Honorable Heather K. McShain: Defendants' motion to compel 218 is entered and continued. Defendants' accompanying motion to seal 219 is granted, and the Court notes that defendants already filed a sealed version of their motion and exhibits on 08/18/2023 220 . Plaintiff's response due 09/01/2023. No reply to be filed unless otherwise ordered by the Court. After the Court reviews the parties briefing, it will determine if it can rule on the papers or if a motion hearing is necessary. Mailed notice. (pk, ) (Entered: 08/22/2023) (1)
Aug 18, 2023 217 RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC to compel In Person Deposition Presented before Magistrate Judge 213 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(La Porte, Michael) (Entered: 08/18/2023) (0)
Aug 18, 2023 218 MOTION by Defendants Medela AG, Medela LLC to compel Defendants' Motion to Compel Document Production Presented before Magistrate Judge (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 (public), # 10 Exhibit J, # 11 Exhibit K (public), # 12 Exhibit L (public))(Lucas, John) (Entered: 08/18/2023) (0)
Aug 18, 2023 219 MOTION by Defendants Medela AG, Medela LLC for leave to file Defendants' Motion for Leave to File Under Seal Presented before Magistrate Judge (Lucas, John) (Entered: 08/18/2023) (2)
Aug 18, 2023 220 SEALED MOTION by Defendants Medela AG, Medela LLC Defendants' Motion to Compel Document Production Presented before Magistrate Judge (Attachments: # 1 Exhibit I (sealed), # 2 Exhibit K (sealed), # 3 Exhibit L (sealed))(Lucas, John) (Entered: 08/18/2023) (0)
Aug 10, 2023 216 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 215 which reports on written discovery that document productions are largely complete. On oral discovery, defendants intend to depose plaintiff's Rule 30(b)(6) representative on 08/25/2023. Defendants also intend to depose plaintiff's co-owners Shu Ting Zhan and Max Van der Harst. Plaintiff intends to depose two individuals, Peter Bartley and a Rule 30(b)(6) representative for defendants. Parties jointly request a six-week extension to the expert discovery schedule in light of the Court's extension of the fact discovery deadline 212 . The Court extends the deadlines for expert discovery as follows. Disclosure of experts and reports due 10/13/2023. Disclosure of rebuttal experts due 11/17/2023. Expert discovery to close by 12/15/2023. A joint status report is due on 09/08/2023 to update the Court on: (a) the progress of fact discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 08/10/2023) (1)
Aug 9, 2023 215 STATUS Report of the Parties, by Medela and by Think Green Limited Presented before Magistrate Judge (La Porte, Michael) (Entered: 08/09/2023) (6)
Aug 7, 2023 214 MINUTE entry before the Honorable Heather K. McShain: Defendants' motion to compel plaintiff's principal Shu Ting Zhang to appear in person for a deposition 213 is entered and continued. Plaintiff's response due 08/18/2023. No reply to be filed unless one is ordered by the Court. Once the Court has reviewed the briefs, it will decide if it can rule on the papers or whether a motion hearing is required. Mailed notice. (pk, ) (Entered: 08/07/2023) (1)
Aug 4, 2023 213 MOTION by Defendants Medela AG, Medela LLC to compel In Person Deposition Presented before Magistrate Judge (Attachments: # 1 Exhibit A)(Lucas, John) (Entered: 08/04/2023) (0)
Jul 10, 2023 212 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 211 which reports plaintiff is collecting information that defendants requested to supplement plaintiff's discovery responses. Parties discuss several discovery disputes that parties continue to meet and confer to discuss in an attempt to resolve without judicial intervention. While parties agree that a six-week extension to the fact discovery deadline is appropriate to resolve these discovery disputes, parties disagree whether discovery during this extended period should be limited to completing outstanding discovery served before 06/27/2023. The Court grants the parties' agreed request to extend the fact discovery deadline until 09/15/2023 206 . Over defendants' objection, the Court will not limit discovery during this period to completing discovery served on or before 06/27/2023, as the parties' joint status report 211 states that plaintiff is in the process of supplementing its discovery responses, which may prompt issuing new discovery requests. The Court encourages parties to continue to meet and confer to discuss discovery disputes before filing any discovery motion. Further joint status report due 08/09/2023 to update the Court on the same items as in the instant status report. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice (cn). (Entered: 07/10/2023) (1)
Jul 7, 2023 211 STATUS Report by Medela and by Think Green Limited Presented before Magistrate Judge (La Porte, Michael) (Entered: 07/07/2023) (7)
Jun 7, 2023 210 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 209 which reports parties exchanged responses to supplemental discovery requests and scheduled a meet and confer to discuss, according to defendants, deficiencies in plaintiff's responses. Further joint status due 07/07/2023 to update the Court on the same items as in the instant status. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 06/07/2023) (1)
Jun 5, 2023 209 STATUS Report Joint Submission by Medela and by Think Green Limited Presented before Magistrate Judge (La Porte, Michael) (Entered: 06/05/2023) (3)
Apr 18, 2023 208 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 207 which reports parties served supplemental discovery requests. Plaintiff subpoenaed three U.S. companies who make one-piece silicone manual breast pumps. Plaintiff is working with its local New Zealand counsel to obtain similar third-party discovery from additional manufacturers. Further joint status due 06/05/2023 to update the Court on the same items as in the instant status. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 04/18/2023) (1)
Apr 17, 2023 207 STATUS Report (Joint) by Think Green Limited (La Porte, Michael) (Entered: 04/17/2023) (2)
Feb 14, 2023 206 MINUTE entry before the Honorable Heather K. McShain: Telephonic status hearing held on 02/14/2023. For the reasons stated on the record, the Court adopts plaintiff's proposed fact and expert discovery schedule as follows. All fact discovery to close by 08/04/2023. Disclosure of experts and reports due 09/01/2023. Disclosure of rebuttal experts due 10/06/2023. Expert discovery to close by 11/03/2023. A joint status report is due on 04/17/2023 to update the Court on: (a) the progress of fact discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 02/14/2023) (1)
Feb 7, 2023 204 MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision, including setting all deadlines 202 , 203 . The Court has reviewed the parties' most recent joint status report 201 that includes plaintiff's proposed schedule for outstanding discovery and defendants' request that the Court set a briefing schedule for defendant's forthcoming summary judgment motion. A telephonic status hearing is set for 02/14/2023 at 9:00 a.m., to discuss the schedule. To participate in the telephonic status hearing, the dial-in number is 888-684-8852, followed by access code 8623687#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to reach out to chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like to reengage the Court's assistance with settlement negotiations. Mailed notice. (pk, ) (Entered: 02/07/2023) (1)
Feb 7, 2023 205 MINUTE entry before the Honorable Thomas M. Durkin: To clarify the purpose and scope of the Court's referral to Judge McShain, the Court will not entertain any further motions for partial summary judgment by either party. The parties should complete all discovery of all claims under Judge McShain's supervision. Any case management schedule proposed to Judge McShain should not provide for the filing of summary judgment motions until all discovery on all claims is complete. Mailed notice. (ecw, ) (Entered: 02/07/2023) (1)
Feb 1, 2023 202 MINUTE entry before the Honorable Thomas M. Durkin: This case will be referred to the Magistrate Judge for discovery supervision. The Magistrate Judge shall have the authority to modify any previously set deadlines. The telephone status hearing set for 2/10/2023 is vacated. Enter referral order. Mailed notice. (ecw, ) (Entered: 02/01/2023) (1)
Feb 1, 2023 203 MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery supervision. Mailed notice. (ecw, ) (Entered: 02/01/2023) (1)
Jan 31, 2023 201 STATUS Report On behalf of the parties, by Medela and by Think Green Limited (La Porte, Michael) (Entered: 01/31/2023) (11)
Jan 30, 2023 200 MINUTE entry before the Honorable Thomas M. Durkin: Motion to Strike Untimely Declarations 42 is denied as moot. Mailed notice. (ecw, ) (Entered: 01/30/2023) (1)
Jan 17, 2023 199 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 1/17/2023. By 1/31/2023, the parties are to file a joint status report as to what discovery Plaintiff believes is still needed on the functionality issue, and whether or not Defendant agrees. A telephone status hearing is set for 2/10/2023 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 01/17/2023) (1)
Jan 5, 2023 198 MINUTE entry before the Honorable Thomas M. Durkin: A telephone status hearing is set for 1/17/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 01/05/2023) (1)
Jan 4, 2023 197 MINUTE entry before the Honorable Heather K. McShain: Ex parte and off-the-record telephone conference with plaintiff's counsel and three representatives of plaintiff Think Green Limited, d/b/a/ Haakaa, held on 01/04/2023, in furtherance of settlement negotiations. At this time, based on the Court's assessment of the parties' settlement positions and information gathered during the course of both joint and ex parte communications with the parties, the Court concludes that a settlement conference at this time will not be a good use of the parties' time or money and strikes the in-person settlement conference on 01/19/2023 189 and joint off-the-record telephone conference on 01/06/2023 196 . The parties are directed to reach out to Chambers at any time if they would like to reengage the Court's assistance with settlement negotiations. Mailed notice. (pk, ) (Entered: 01/04/2023) (1)
Dec 30, 2022 196 MINUTE entry before the Honorable Heather K. McShain: At the Court's suggestion, an ex parte and off-the-record telephone conference with plaintiff's counsel and client representative(s) is set for 01/04/2023 at 3:00 p.m., in furtherance of settlement negotiations. In the Court's opinion, this conversation should be completed prior to the Court's next joint off-the-record telephone conference. Accordingly, the Court strikes the off-the-record telephone conference with counsel for all parties set for 01/04/2023 at 3:00 p.m. 191 and resets it to 01/06/2023 at 3:00 p.m. Mailed notice. (pk, ) (Entered: 12/30/2022) (1)
Dec 29, 2022 193 MINUTE entry before the Honorable Heather K. McShain: Ex parte and off-the-record telephone conference with defendants' counsel held on 12/29/2022, in furtherance of settlement negotiations. Mailed notice. (pk, ) (Entered: 12/29/2022) (1)
Dec 29, 2022 194 MINUTE entry before the Honorable Heather K. McShain: Ex parte and off-the-record telephone conference with plaintiff's counsel held on 12/29/2022, in furtherance of settlement negotiations. Mailed notice. (pk, ) (Entered: 12/29/2022) (1)
Dec 29, 2022 195 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022) (1)
Dec 28, 2022 192 MINUTE entry before the Honorable Heather K. McShain: Ex parte and off-the-record telephone conference with plaintiff's counsel held on 12/28/2022, in furtherance of settlement negotiations. Mailed notice. (pk, ) (Entered: 12/28/2022) (1)
Dec 23, 2022 191 MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference held on 12/21/2022, in furtherance of settlement negotiations. The Court has scheduled the following telephone conferences: off-the-record and ex parte telephone conference with plaintiff's counsel on 12/28/2022 at 9:00 a.m.; off-the-record and ex parte telephone conference with defendants' counsel on 12/29/2022 at 8:00 a.m.; and off-the-record telephone conference with counsel for all parties on 01/04/2023 at 3:00 p.m. Counsel should use the same dial-in information utilized for today's telephone conference. Mailed notice. (pk, ) (Entered: 12/23/2022) (1)
Dec 15, 2022 190 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' settlement proposals and needs to speak with counsel in advance of the settlement conference. An off-the-record telephone conference is set for 12/21/2022 at 9:30 a.m. Dial-in information will be emailed to counsel by Chambers in advance of the telephone conference. Mailed notice. (pk, ) (Entered: 12/15/2022) (1)
Oct 26, 2022 189 telephone conference (2)
Docket Text: MINUTE entry before the Honorable Heather K. McShain: Pre-settlement telephone conference held on 10/26/2022. In-person settlement conference is set for 01/19/2023 at 9:00 a.m. in Courtroom 1700. Plaintiff to provide settlement proposal to defendants by 12/02/2022. Defendants to provide response settlement proposal by 12/14/2022. All settlement proposals should be emailed to the Court at Settlement_Correspondence_McShain@ilnd.uscourts.gov on the same day they are provided to opposing counsel. Please note that settlement proposals are not to be filed on the CM-ECF system. The parties are encouraged to keep talking with one another after they exchange their settlement proposals, to further the settlement negotiations in advance of the conference itself. Parties shall confer and send ONE email to Chambers_McShain@ilnd.uscourts.gov, by 01/12/2023 identifying the names and titles of all individuals participating in the settlement conference, both attorneys and party representatives. Parties have no objection to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations would be warranted. The parties are directed to review and comply with Judge McShain's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Settlement Conference"). Individuals with full and complete settlement authority on behalf of the parties are ordered to personally participate in the settlement conference. Mailed notice. (pk, )
Oct 21, 2022 186 telephone conference (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/21/2022. Any currently pending deadlines are stayed. The parties agreed to a referral to the Magistrate Judge for a settlement conference. Enter referral order. Mailed notice. (ecw, )
Oct 21, 2022 187 Expedited referral to magistrate judge (1)
Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: settlement conference. Mailed notice. (ecw, )
Oct 21, 2022 188 set/reset hearings (2)
Docket Text: MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain to conduct a settlement conference [187]. A telephone conference with the Court is scheduled for 10/26/2022 at 9:00 a.m. to discuss the parties' interest in conducting a settlement conference and, if appropriate, set a schedule for the exchange of settlement proposals and a date for the settlement conference. Counsel primarily responsible for representing the parties must participate in this conference call, and counsel should come prepared to discuss the availability of counsel and decisionmakers in November, December, and January. The Court will also address logistics for the settlement conference itself, which will take place remotely. The parties are directed to review and comply with Magistrate Judge McShain's Standing Order for Settlement Conferences (available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Settlement Conferences"), with the exception of courtesy copies which Magistrate Judge McShain has indefinitely suspended until further notice. To participate in the telephone conference, the dial-in number is 888-684-8852, followed by access code 8623687#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (pk, )
Oct 7, 2022 185 order on motion for summary judgment (21)
Docket Text: MEMORANDUM Opinion and Order: For the reasons set forth in the accompanying Memorandum Opinion and Order, Medela's motion for summary judgment [112] is granted in part and denied in part, in that the Court grants summary judgment to Medela on Think Green's design patent claim and denies summary judgment without prejudice on Think Green's trade dress claim. Think Green's motion for partial summary judgment on its trade dress claim [163] is also denied without prejudice. Additionally, Think Green's motions to strike Medela's experts [147] [148] are denied without prejudice. The motion to compel [128] is denied as moot. The status set for October 21, 2022 stands. The parties should meet and confer prior to the hearing and decide how they would like to proceed, including whether a referral to the magistrate judge for a settlement conference would be appropriate. Signed by the Honorable Thomas M. Durkin on 10/7/2022. Mailed notice. (ecw, )
Sep 26, 2022 183 reply (Main Document) (26)
Docket Text: REPLY by Defendants Medela AG, Medela LLC to sealed response[153] Medela's Reply re: Motion for Summary Judgment and Opposition to Think Green's Cross-Motion (Attachments: # (1) Exhibit Q)(Weiner, Michael)
Sep 26, 2022 183 reply (Exhibit Q) (14)
Docket Text: REPLY by Defendants Medela AG, Medela LLC to sealed response[153] Medela's Reply re: Motion for Summary Judgment and Opposition to Think Green's Cross-Motion (Attachments: # (1) Exhibit Q)(Weiner, Michael)
Sep 26, 2022 184 Response (16)
Docket Text: RESPONSE by Defendants Medela AG, Medela LLC to sealed response[176] Defendants' Local Rule 56.1(c)(2) Response to Plaintiff's Statement of Additional Material Facts (Weiner, Michael)
Sep 16, 2022 182 reply to response to motion (Main Document) (9)
Docket Text: REPLY by Think Green Limited to MOTION by Plaintiff Think Green Limited for partial summary judgment Cross Motion for Partial Summary Disposition[163] on the issue of Post Sale Likelihood of Confusion (Attachments: # (1) Exhibit Declaration of Rhonda Harper)(La Porte, Michael)
Sep 16, 2022 182 reply to response to motion (Exhibit Declaration of Rhonda Harper) (2)
Docket Text: REPLY by Think Green Limited to MOTION by Plaintiff Think Green Limited for partial summary judgment Cross Motion for Partial Summary Disposition[163] on the issue of Post Sale Likelihood of Confusion (Attachments: # (1) Exhibit Declaration of Rhonda Harper)(La Porte, Michael)
Sep 13, 2022 181 other (Main Document) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit B) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit C) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit D) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit E) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit F) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit G) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit H) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit I) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit J) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit K) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit L) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit M) (17)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit N) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit O) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit P) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit Q) (4)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit R) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit S) (2)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit T) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit U) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit V) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit W) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit X) (30)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit Y) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit Z) (24)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit AA) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit BB) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 13, 2022 181 other (Exhibit CC) (1)
Docket Text: Exhibits to Response to Motion for Summary Judgment by Think Green Limited (Attachments: # (1) Exhibit B, # (2) Exhibit C, # (3) Exhibit D, # (4) Exhibit E, # (5) Exhibit F, # (6) Exhibit G, # (7) Exhibit H, # (8) Exhibit I, # (9) Exhibit J, # (10) Exhibit K, # (11) Exhibit L, # (12) Exhibit M, # (13) Exhibit N, # (14) Exhibit O, # (15) Exhibit P, # (16) Exhibit Q, # (17) Exhibit R, # (18) Exhibit S, # (19) Exhibit T, # (20) Exhibit U, # (21) Exhibit V, # (22) Exhibit W, # (23) Exhibit X, # (24) Exhibit Y, # (25) Exhibit Z, # (26) Exhibit AA, # (27) Exhibit BB, # (28) Exhibit CC)(La Porte, Michael)
Sep 12, 2022 179 response in opposition to motion (30)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela LLC, Medela AG for summary judgment [112] (La Porte, Michael)
Sep 12, 2022 180 Rule 56 statement (30)
Docket Text: RULE 56 56.1B Statement by Think Green Limited regarding motion for summary judgment[112] (La Porte, Michael)
Sep 8, 2022 178 terminate hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The telephonic status hearing set for 9/16/2022 is reset for 10/21/2022 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Sep 7, 2022 177 terminate hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 9/16/2022 at 9:00 a.m. is reset for 9:30 a.m. Time change only. Mailed notice. (ecw, )
Sep 2, 2022 170 reply (9)
Docket Text: REPLY by Plaintiff Think Green Limited to motion to strike, [147] Redacted Public Version (La Porte, Michael)
Sep 2, 2022 171 reply to response to motion (11)
Docket Text: REPLY by Think Green Limited to MOTION by Plaintiff Think Green Limited to strike other[76] Certain Opinions of Alan Ball[148] (La Porte, Michael)
Sep 2, 2022 173 other (30)
Docket Text: Exhibit P to Defendants' Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment (Docket No. 172) by Medela AG, Medela LLC (Weiner, Michael)
Sep 2, 2022 174 other (14)
Docket Text: Exhibit R to Defendants' Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment (Docket No. 172) by Medela AG, Medela LLC (Weiner, Michael)
Sep 2, 2022 175 Rule 56 statement (4)
Docket Text: RULE 56 (L.R. 56.1(b)(3)) Statement by Medela AG, Medela LLC regarding motion for partial summary judgment[163] (Response to Plaintiff's L.R. 56.1(a)(2) Statement in Support of Cross-Motion) (Weiner, Michael)
Sep 1, 2022 168 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Medela's unopposed request for leave to use up to 20 pages for its combined summary judgment reply brief and response to Think Green's cross motion is granted. Mailed notice. (ecw, )
Aug 23, 2022 167 terminate motion and R&R deadlines/hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to an extension of one week for the following deadlines: Medela's reply in support of the motion for summary judgment, and Think Green's replies in support of the motions to strike are now due by 9/2/2022. Mailed notice. (ecw, )
Aug 5, 2022 159 response in opposition to motion (6)
Docket Text: RESPONSE by Medela AG, Medela LLCin Opposition to MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen[147] Medela's Opposition to Motion to Strike Expert Report of Dr. Cynthia Cohen (Weiner, Michael)
Aug 5, 2022 161 response in opposition to motion (Main Document) (16)
Docket Text: RESPONSE by Medela AG, Medela LLCin Opposition to MOTION by Plaintiff Think Green Limited to strike other[76] Certain Opinions of Alan Ball[148] Medela's Opposition to Motion to Exclude Certain Opinions of Alan Ball (Attachments: # (1) Exhibit A: Declaration of Deborah S. Pocius)(Weiner, Michael)
Aug 5, 2022 161 response in opposition to motion (Exhibit A: Declaration of Deborah S. Pocius) (8)
Docket Text: RESPONSE by Medela AG, Medela LLCin Opposition to MOTION by Plaintiff Think Green Limited to strike other[76] Certain Opinions of Alan Ball[148] Medela's Opposition to Motion to Exclude Certain Opinions of Alan Ball (Attachments: # (1) Exhibit A: Declaration of Deborah S. Pocius)(Weiner, Michael)
Aug 5, 2022 163 motion for partial summary judgment (2)
Docket Text: MOTION by Plaintiff Think Green Limited for partial summary judgment Cross Motion for Partial Summary Disposition (La Porte, Michael)
Aug 5, 2022 164 Rule 56 statement (3)
Docket Text: RULE 56.1(a)(2) Statement by Think Green Limited regarding motion for partial summary judgment[163] (La Porte, Michael)
Aug 4, 2022 152 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Minute entry [111] granted Medela a 35-page limit for its opening brief on summary judgment. By agreement of the parties, Think Green may file up to a 35-page response brief as well. Mailed notice. (ecw, )
Jul 29, 2022 151 order on motion for release of funds (2)
Docket Text: ORDER: For the reasons stated in the attached order, Medela's motion to recover damages from the security bond [118] is denied without prejudice to refiling when the factual record is complete. Signed by the Honorable Thomas M. Durkin on 7/29/2022. Mailed notice. (ecw, )
Jul 20, 2022 150 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: By agreement of the parties, the cut-off for discovery relating to the motion for summary judgment is extended from 7/22/2022 to 7/29/2022. Mailed notice. (ecw, )
Jul 5, 2022 149 set motion and R&R deadlines/hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed on the following briefing and discovery schedule, which the Court enters. Discovery relating to motion for summary judgment (except that Medela may take depositions of Think Green witnesses after Think Green opposition is filed) is ordered closed by 7/22/2022. Think Green's opposition to the motion for summary judgment, and Medela's oppositions to the motions to strike are due by 8/5/2022. Medela's reply in support of the motion for summary judgment, and Think Green's replies in support of the motions to strike are due by 8/26/2022. Mailed notice. (ecw, )
Jun 30, 2022 147 motion to strike (Main Document) (12)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit A) (30)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit B) (5)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit C) (30)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit D) (30)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit E) (18)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit F) (7)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit G) (30)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit H) (30)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit I) (30)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit J) (4)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 147 motion to strike (Exhibit K) (24)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[77] Expert Report of Cynthia Cohen (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Greenspoon, Robert)
Jun 30, 2022 148 motion to strike (Main Document) (15)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[76] Certain Opinions of Alan Ball (Attachments: # (1) Exhibit A, # (2) Exhibit B)(La Porte, Michael)
Jun 30, 2022 148 motion to strike (Exhibit A) (30)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[76] Certain Opinions of Alan Ball (Attachments: # (1) Exhibit A, # (2) Exhibit B)(La Porte, Michael)
Jun 30, 2022 148 motion to strike (Exhibit B) (13)
Docket Text: MOTION by Plaintiff Think Green Limited to strike other[76] Certain Opinions of Alan Ball (Attachments: # (1) Exhibit A, # (2) Exhibit B)(La Porte, Michael)
Jun 22, 2022 146 order on sealed motion (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference held on 6/22/2022. Think Green's motion to compel [128] is entered and continued. Medela is ordered to conduct the paper document search proposed by Think Green. The parties are to email the courtroom deputy with a new proposed discovery cut-off and a proposed briefing schedule on a summary judgment motion. Mailed notice. (ecw, )
Jun 17, 2022 144 reply (Main Document) (9)
Docket Text: REPLY by Plaintiff Think Green Limited to Sealed motion[128] to compel (Attachments: # (1) Exhibit A)(La Porte, Michael)
Jun 17, 2022 144 reply (Exhibit A) (15)
Docket Text: REPLY by Plaintiff Think Green Limited to Sealed motion[128] to compel (Attachments: # (1) Exhibit A)(La Porte, Michael)
Jun 17, 2022 145 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference for an oral ruling on the motion to compel [128] is set for 6/22/2022 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Jun 14, 2022 142 other (9)
Docket Text: Redacted Corrected Supplemental Declaration of Latha Prakash In Support of Defendants' Reply Brief In Support of Defendants' Motion to Recover Damages Under Bond by Medela AG, Medela LLC (Lucas, John)
Jun 13, 2022 141 reply (Main Document) (16)
Docket Text: REPLY by Defendants Medela AG, Medela LLC Reply Brief in Support of Defendants' Motion to Recover Damages Under Bond (Attachments: # (1) Declaration Supplemental Declaration of Latha Prakash, # (2) Exhibit A, # (3) Exhibit B)(Duston, Thomas)
Jun 13, 2022 141 reply (Declaration Supplemental Declaration of Latha Prakash) (6)
Docket Text: REPLY by Defendants Medela AG, Medela LLC Reply Brief in Support of Defendants' Motion to Recover Damages Under Bond (Attachments: # (1) Declaration Supplemental Declaration of Latha Prakash, # (2) Exhibit A, # (3) Exhibit B)(Duston, Thomas)
Jun 13, 2022 141 reply (Exhibit A) (2)
Docket Text: REPLY by Defendants Medela AG, Medela LLC Reply Brief in Support of Defendants' Motion to Recover Damages Under Bond (Attachments: # (1) Declaration Supplemental Declaration of Latha Prakash, # (2) Exhibit A, # (3) Exhibit B)(Duston, Thomas)
Jun 13, 2022 141 reply (Exhibit B) (2)
Docket Text: REPLY by Defendants Medela AG, Medela LLC Reply Brief in Support of Defendants' Motion to Recover Damages Under Bond (Attachments: # (1) Declaration Supplemental Declaration of Latha Prakash, # (2) Exhibit A, # (3) Exhibit B)(Duston, Thomas)
Jun 10, 2022 140 response in opposition to motion (4)
Docket Text: RESPONSE by Medela AG, Medela LLCin Opposition to SEALED MOTION[128] Defendants' Opposition to Motion to Compel (Weiner, Michael)
Jun 9, 2022 139 order on sealed motion (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Sealed motion to strike or in the alternative for leave to file a sur-reply [138] is granted in part. Think Green may file a sur-reply limited to the issues outlined in the motion. Mailed notice. (ecw, )
Jun 7, 2022 136 order on motion for extension of time to file response/reply (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Agreed motion for extension of time [134] is granted. Defendants are to file their response to the Motion to Compel [128] by 6/10/2022. Plaintiff is to file its reply in support of the Motion to Compel by 6/17/2022. Mailed notice. (ecw, )
Jun 3, 2022 134 motion for extension of time to file response/reply (2)
Docket Text: MOTION by Defendants Medela AG, Medela LLC for extension of time to file response/reply as to Sealed motion[128] Agreed Motion for Extension of Time (Weiner, Michael)
Jun 1, 2022 132 motion for extension of time to file response/reply (2)
Docket Text: MOTION by Defendants Medela AG, Medela LLC for extension of time to file response/reply as to sealed document[121] AGREED MOTION FOR EXTENSION OF TIME (Duston, Thomas)
Jun 1, 2022 133 order on motion for extension of time to file response/reply (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Agreed motion for extension of time [132] is granted. Defendants are to reply to the Motion to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security [121] by 6/3/2022. Mailed notice. (ecw, )
May 25, 2022 130 motion for extension of time to file response/reply (2)
Docket Text: MOTION by Defendants Medela AG, Medela LLC for extension of time to file response/reply as to sealed document[121] (Lucas, John)
May 25, 2022 131 order on motion for extension of time to file response/reply (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to file [130] is granted. Defendants are to file their reply to the Motion to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security by 6/1/2022. Mailed notice. (ecw, )
May 19, 2022 129 terminate hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The parties have have agreed to the following schedule, which the Court adopts. Medela's opposition to the motion to compel [128] is due by 6/3/2022. Think Green's reply in support of the motion to compel is due by 6/10/2022. Discovery deadline is extended to 6/27/2022. The deadline for Think Green's opposition to the motion for summary judgment [112] is extended to 7/18/2022. The deadline for Medela's reply in support of the motion for summary judgment is extended to 8/5/2022. The telephone status hearing set for 7/26/2022 is reset for 9/16/2022 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
May 16, 2022 127 other (Main Document) (4)
Docket Text: NOTICE OF RESULTS OF USPTO SUPPLEMENTAL EXAMINATION OF THE PATENT-IN-SUIT by Think Green Limited (Attachments: # (1) Exhibit A)(Greenspoon, Robert)
May 16, 2022 127 other (Exhibit A) (13)
Docket Text: NOTICE OF RESULTS OF USPTO SUPPLEMENTAL EXAMINATION OF THE PATENT-IN-SUIT by Think Green Limited (Attachments: # (1) Exhibit A)(Greenspoon, Robert)
May 13, 2022 126 response in opposition to motion (Main Document) (16)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC for release of funds -- i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security[118] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(La Porte, Michael)
May 13, 2022 126 response in opposition to motion (Exhibit A) (1)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC for release of funds -- i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security[118] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(La Porte, Michael)
May 13, 2022 126 response in opposition to motion (Exhibit B) (1)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC for release of funds -- i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security[118] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(La Porte, Michael)
May 13, 2022 126 response in opposition to motion (Exhibit C) (1)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC for release of funds -- i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security[118] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(La Porte, Michael)
May 13, 2022 126 response in opposition to motion (Exhibit D) (1)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC for release of funds -- i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security[118] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(La Porte, Michael)
Apr 1, 2022 124 set motion and R&R deadlines/hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The parties agree to the following schedule on Medela's motion for release of funds [118]: Medela's production of relevant document discovery is due by 4/13/2022; Think Green's opposition brief is due by 5/11/2022; Medela's reply brief is due by 5/25/2022. Mailed notice. (ecw, )
Mar 22, 2022 118 motion for release of funds (3)
Docket Text: MOTION by Defendants Medela AG, Medela LLC for release of funds -- i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security (Duston, Thomas)
Mar 22, 2022 119 memorandum in support of motion (Main Document) (17)
Docket Text: MEMORANDUM by Medela AG, Medela LLC in support of motion for release of funds[118] (i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Duston, Thomas)
Mar 22, 2022 119 memorandum in support of motion (Exhibit A) (1)
Docket Text: MEMORANDUM by Medela AG, Medela LLC in support of motion for release of funds[118] (i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Duston, Thomas)
Mar 22, 2022 119 memorandum in support of motion (Exhibit B) (11)
Docket Text: MEMORANDUM by Medela AG, Medela LLC in support of motion for release of funds[118] (i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Duston, Thomas)
Mar 22, 2022 119 memorandum in support of motion (Exhibit C) (9)
Docket Text: MEMORANDUM by Medela AG, Medela LLC in support of motion for release of funds[118] (i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Duston, Thomas)
Mar 22, 2022 119 memorandum in support of motion (Exhibit D) (1)
Docket Text: MEMORANDUM by Medela AG, Medela LLC in support of motion for release of funds[118] (i.e., to Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Duston, Thomas)
Mar 22, 2022 120 declaration (Main Document) (1)
Docket Text: DECLARATION of Latha Prakash regarding motion for release of funds[118] (i.e., Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Duston, Thomas)
Mar 22, 2022 120 declaration (Exhibit A) (1)
Docket Text: DECLARATION of Latha Prakash regarding motion for release of funds[118] (i.e., Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Duston, Thomas)
Mar 22, 2022 120 declaration (Exhibit B) (1)
Docket Text: DECLARATION of Latha Prakash regarding motion for release of funds[118] (i.e., Recover Damages for Entry of Temporary Restraining Order, and for Recovery Against Posted Security) (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Duston, Thomas)
Mar 3, 2022 117 telephone conference (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 3/3/2022. All discovery, including all depositions, document productions, including ESI, and including all follow-up discovery is to be completed by 6/2/2022. Response in opposition to Defendants' motion for summary judgment [112] is due by 6/23/2022. Defendant is to file a reply by 7/14/2022. A telephone status hearing is set for 7/26/2022 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Mar 1, 2022 116 status report (13)
Docket Text: STATUS Report of the Parties by Think Green Limited (La Porte, Michael)
Feb 22, 2022 112 motion for summary judgment (2)
Docket Text: MOTION by Defendants Medela LLC, Medela AG for summary judgment (Weiner, Michael)
Feb 22, 2022 113 memorandum in support of motion (30)
Docket Text: MEMORANDUM by Medela AG, Medela LLC in support of motion for summary judgment[112] (Weiner, Michael)
Feb 22, 2022 114 Rule 56 statement (Main Document) (30)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit A) (30)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit B) (30)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit C) (5)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit D) (2)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit E) (3)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit F) (2)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit G) (2)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit H) (2)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit I) (1)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit J) (15)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit K) (2)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit L) (2)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit M) (9)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit N) (13)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Feb 22, 2022 114 Rule 56 statement (Exhibit O) (30)
Docket Text: STATEMENT of material facts by Medela AG, Medela LLC regarding motion for summary judgment[112] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Weiner, Michael) (Docket Text Modified by Clerk's Office on 2/23/2022) (jg, ).
Jan 28, 2022 111 telephone conference (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 1/28/2022. Medela's summary judgment motion, not to exceed 35 pages, is due by 2/22/2022. A joint status report is due by 3/1/2022. A telephone status hearing is set for 3/3/2022 at 10:00 a.m. to set a briefing schedule on the summary judgment motion and set a schedule for any discovery needed. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Jan 26, 2022 110 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: A telephone status hearing is set for 1/28/2022 at 1:00 p.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Jan 18, 2022 109 status report (12)
Docket Text: STATUS Report Joint Status Report by Medela AG, Medela LLC (Duston, Thomas)
Jan 4, 2022 101 Motion to Redact Transcript (2)
Docket Text: MOTION to Redact transcript [95], [96], [89] Defendants' Unopposed Motion to Redact Transcript of Proceedings (Weiner, Michael)
Jan 4, 2022 102 Order on Motion to Redact Transcript (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference held on 1/4/2022. Unopposed motion to redact transcript of proceedings [101] is granted. The parties are to file a joint status report with a discovery plan, noting any specific disagreements, by 1/18/2022. Mailed notice. (ecw, )
Jan 4, 2022 103 Motion to Redact Transcript (3)
Docket Text: MOTION to Redact transcript [95], [96], [89] Plaintiff's Unopposed Motion to Redact Transcript of Proceedings (Greenspoon, Robert)
Jan 4, 2022 104 Order on Motion to Redact Transcript (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion to redact transcript of proceedings [103] is granted. Mailed notice. (ecw, )
Jan 4, 2022 105 answer to counterclaim (17)
Docket Text: REPLY by Think Green Limited to defendant's counterclaim (La Porte, Michael) (Docket Text Modified by Clerk's Office on 1/5/2022) (jg, ).
Dec 30, 2021 100 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: A telephone conference is set for 1/4/2022 at 12:00 p.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Dec 28, 2021 99 status report (5)
Docket Text: STATUS Report Joint Status Report on Discovery by Medela AG, Medela LLC (Duston, Thomas)
Dec 21, 2021 98 answer to complaint (Main Document) (30)
Docket Text: ANSWER to Complaint and Amended Counterclaims filed by Medela LLC, Medela AG against Think Green Limited . by Medela LLC, Medela AG (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Duston, Thomas) (Docket Text Modified by Clerk's Office on 12/22/2021) (jg, ).
Dec 21, 2021 98 answer to complaint (Exhibit A) (9)
Docket Text: ANSWER to Complaint and Amended Counterclaims filed by Medela LLC, Medela AG against Think Green Limited . by Medela LLC, Medela AG (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Duston, Thomas) (Docket Text Modified by Clerk's Office on 12/22/2021) (jg, ).
Dec 21, 2021 98 answer to complaint (Exhibit B) (8)
Docket Text: ANSWER to Complaint and Amended Counterclaims filed by Medela LLC, Medela AG against Think Green Limited . by Medela LLC, Medela AG (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Duston, Thomas) (Docket Text Modified by Clerk's Office on 12/22/2021) (jg, ).
Dec 15, 2021 97 order on motion to seal (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Joint motion to seal confidential exhibits admitted during trial [94] is granted. Mailed notice. (ecw, )
Dec 14, 2021 88 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to Defendants' Notice of Withdrawal of Motion [87], Defendants' Motion for a Protective Order [78] is withdrawn. Mailed notice. (ecw, )
Dec 14, 2021 90 motion to withdraw (1)
Docket Text: MOTION by Plaintiff Think Green Limited to withdraw Sealed motion[52] (Greenspoon, Robert)
Dec 14, 2021 91 motion to continue (2)
Docket Text: MOTION by Plaintiff Think Green Limited to continue Joint Status Report (Greenspoon, Robert)
Dec 14, 2021 92 order on sealed motion (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Agreed motion to withdraw motion (ECF No. 52) [90] is granted. Sealed motion [52] is withdrawn. Joint motion to continue joint status report [91] is granted. The joint status report on discovery, initially due on 12/14/2021, is now due by 12/28/2021. Mailed notice. (ecw, )
Dec 14, 2021 93 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Upon review of the Court's oral decision dissolving the temporary restraining order and denying the motion for a preliminary injunction on 12/7/2021, the Court has determined that a supplemental written ruling is unnecessary. The Court's oral ruling will stand as the order of the Court. Mailed notice. (ecw, )
Dec 14, 2021 94 motion to seal (3)
Docket Text: MOTION by Defendants Medela AG, Medela LLC to seal JOINT Motion to Seal Confidential Exhibits Admitted During Trial (Ricordati, Raymond)
Dec 13, 2021 87 other (1)
Docket Text: NOTICE of Withdrawal of Motion by Medela AG, Medela LLC (Lucas, John) (Docket Text Modified by Clerk's Office on 12/14/2021) (jg, ).
Dec 10, 2021 85 Order on Motion to Redact Transcript (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion to redact transcript of proceedings [84] is granted. Mailed notice. (ecw, )
Dec 9, 2021 84 Motion to Redact Transcript (2)
Docket Text: MOTION to Redact transcript [58] Defendants' Unopposed Motion to Redact Transcript of Proceedings (Weiner, Michael)
Dec 7, 2021 83 order on motion for preliminary injunction (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Preliminary Injunction hearing held on 12/7/2021. For the reasons stated on the record, the Temporary Restraining Order is vacated, and the motion for preliminary injunction [7] is denied. A written ruling consistent with the oral ruling issued today will follow. A joint written status report on how the parties plan to proceed with discovery is due by 12/14/2021. Mailed notice. (ecw, )
Dec 6, 2021 82 preliminary injunction hearing (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Preliminary Injunction hearing held on 12/6/2021 and continued to 12/7/2021 at 9:00 a.m. Please note the time change. The public dial-in will be the same: the call-in number is (650) 479-3207 and the call-in ID is 180 815 7648. Mailed notice. (ecw, )
Dec 3, 2021 70 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Counsel of record are permitted to have beverages delivered or bring beverages in to the courthouse for the duration of the preliminary injunction hearing, 12/6/2021-12/7/2021. Mailed notice. (ecw, )
Dec 3, 2021 71 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Members of the public and media will be able to call in to listen to the hearing set for 12/6/2021 and 12/7/2021. The call-in number is (650) 479-3207 and the call-in ID is 180 815 7648. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Dec 3, 2021 72 terminate hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Preliminary Injunction hearing set for 12/6/2021 will begin at 9:15 a.m. Time change only. Mailed notice. (ecw, )
Dec 3, 2021 73 trial brief (21)
Docket Text: TRIAL Brief by Think Green Limited (Greenspoon, Robert)
Dec 3, 2021 76 other (30)
Docket Text: EXPERT REPORT OF ALAN BALL by Medela AG, Medela LLC. (Duston, Thomas) Docket Text Modified by Clerk's Office on 12/7/2021 (jh, ).
Dec 3, 2021 77 other (Main Document) (29)
Docket Text: TABLE OF CONTENTS filed by Medela AG, Medela LLC. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Appendix C)(Duston, Thomas) Docket Text Modified by Clerk's Office on 12/7/2021 (jh, ).
Dec 3, 2021 77 other (Appendix A) (4)
Docket Text: TABLE OF CONTENTS filed by Medela AG, Medela LLC. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Appendix C)(Duston, Thomas) Docket Text Modified by Clerk's Office on 12/7/2021 (jh, ).
Dec 3, 2021 77 other (Appendix B) (23)
Docket Text: TABLE OF CONTENTS filed by Medela AG, Medela LLC. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Appendix C)(Duston, Thomas) Docket Text Modified by Clerk's Office on 12/7/2021 (jh, ).
Dec 3, 2021 77 other (Appendix C) (11)
Docket Text: TABLE OF CONTENTS filed by Medela AG, Medela LLC. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Appendix C)(Duston, Thomas) Docket Text Modified by Clerk's Office on 12/7/2021 (jh, ).
Dec 3, 2021 79 Response (4)
Docket Text: OPPOSITION of Defendants' Motion in Limine by Plaintiff Think Green Limited to sealed document [74]. (Greenspoon, Robert) Docket Text Modified by Clerk's Office on 12/7/2021 (jh, ).
Dec 2, 2021 69 telephone conference (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 12/2/2021. Mailed notice. (ecw, )
Dec 1, 2021 66 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The Preliminary Injunction hearing set for 9:30 a.m. on 12/6/2021 and 12/7/2021 will take place in courtroom 2141. Mailed notice. (ecw, )
Dec 1, 2021 68 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendants Medela AG, Medela LLC by Raymond R Ricordati, III (Ricordati, Raymond)
Nov 30, 2021 65 answer to counterclaim (4)
Docket Text: ANSWER to counterclaim by Think Green Limited(Greenspoon, Robert)
Nov 29, 2021 64 sealed document (0)
Docket Text: SEALED DOCUMENT by Defendants Medela AG, Medela LLC Defendants' Motion to Strike and Opposition to Plaintiff's Motion to Show Cause (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Weiner, Michael)
Nov 24, 2021 63 order on motion for miscellaneous relief (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference on the motion to enter schedule re preliminary injunction hearing [61] held on 11/24/2021. The parties have agreed to the following schedule. Plaintiff's non-adverse witnesses to be identified by 11/29/2021. Plaintiff's additional adverse witnesses to be identified by 9:00 p.m. on 12/2/2021. Defendants' expert identifications are due by 11/29/2021 and expert reports are due by 10:00 a.m. on 12/1/2021. Defendant is to identify non-expert witnesses by 11/30/2021. Depositions of Defendants' experts to take place on 12/2/2021 and 12/3/2021. Exhibit lists are due by COB on 12/3/2021. Parties are to provide copies of the exhibit lists and exhibits to the Court when they are exchanged. Bench briefs of not more than 15 pages are due by 12/3/2021 at 4:00 p.m. Preliminary Injunction hearing will start at 9:30 a.m. on 12/6/2021 and 12/7/2021. The parties are free to reach any private agreements inconsistent with this order other than the timing on the filing of bench briefs. The pre-hearing telephone conference set for 12/2/2021 at 3:00 p.m. stands, but can be vacated on the parties' request. Mailed notice. (ecw, )
Nov 23, 2021 60 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: A pre-hearing telephone conference is set for 12/2/2021 at 3:00 p.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Nov 23, 2021 61 motion for miscellaneous relief (2)
Docket Text: MOTION by Defendants Medela AG, Medela LLCto Enter Schedule re: Preliminary Injunction Hearing (Weiner, Michael)
Nov 23, 2021 62 response to motion (5)
Docket Text: RESPONSE by Think Green Limited to MOTION by Defendants Medela AG, Medela LLCto Enter Schedule re: Preliminary Injunction Hearing [61] (La Porte, Michael)
Nov 19, 2021 59 set motion and R&R deadlines/hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to the following briefing schedule for Think Green's sealed motion [52]: Medela's opposition is due by 11/29/2021; Think Green's reply is due by 12/2/2021. Mailed notice. (ecw, )
Nov 18, 2021 55 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference set for 11/18/2021 at 4:00 p.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Nov 18, 2021 56 motion to withdraw (1)
Docket Text: NOTICE by Defendants Medela AG, Medela LLC of Withdrawal of Motion (Lucas, John) Modified on 11/18/2021 (ecw, ).
Nov 18, 2021 57 order on motion for order (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to the Notice of Withdrawal of Motion [56], Defendants' Motion for Permitting Defendants' Translator to Access Documents Under the Default Protective Order [54] is withdrawn. The telephone conference set for 11/18/2021 is vacated. Mailed notice. (ecw, )
Nov 17, 2021 54 motion for order (3)
Docket Text: MOTION by Defendants Medela AG, Medela LLC for order Permitting Defendant's Translator to Access Documents Under the Default Protective Order (Emergency) (Lucas, John)
Nov 11, 2021 50 transcript (51)
Docket Text: TRANSCRIPT OF PROCEEDINGS held on 10.15.2021 before the Honorable Thomas M. Durkin. Motion for Preliminary Injunction and TRO. Order Number: 41883. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312-408-7782. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/2/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/9/2022. (Carrion, Elia)
Nov 11, 2021 51 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendants Medela AG, Medela LLC by Kelley Stebbins Gordon (Gordon, Kelley)
Nov 9, 2021 49 answer to complaint (20)
Docket Text: Defendants' ANSWER to Complaint with Jury Demand and Affirmative Defenses, Defendant Medela LLC's COUNTERCLAIM filed by Medela LLC, Medela AG against Think Green Limited . by Medela LLC, Medela AG(Weiner, Michael)
Nov 4, 2021 48 order (3)
Docket Text: STIPULATED Order Re Extension of TRO. Signed by the Honorable Thomas M. Durkin on 11/4/2021. Mailed notice. (ecw, )
Nov 3, 2021 46 terminate hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The Preliminary Injunction hearing set for 12/3/2021 and 12/6/2021 at 10:00 a.m. is RESET for 12/6/2021 and 12/7/2021 at 10:00 a.m. The courtroom location is to be determined at a later time. Mailed notice. (ecw, )
Oct 29, 2021 43 response in opposition to motion (3)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC to strike declaration[39], declaration[33] Motion to Strike Untimely Declarations[42] (Greenspoon, Robert)
Oct 29, 2021 44 order on motion for leave to file excess pages (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: In court hearing held on 10/29/2021. Motion for leave to file excess pages [36] is granted over objection. Preliminary Injunction hearing set for 11/10/2021 is vacated. Preliminary Injunction hearing set for 12/3/2021 at 10:00 a.m. and 12/6/2021 at 10:00 a.m. The courtroom location is to be determined at a later time. The Temporary Restraining Order is extended through 12/3/2021, subject to the conditions to be submitted by the parties in an agreed proposed order. Defendant is granted leave to file an expert report within two full days. Mailed notice. (ecw, )
Oct 29, 2021 45 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Minute entry [44] is amended as follows. Defendant is granted leave to file an expert report. The deadline for the expert report is vacated. Mailed notice. (ecw, )
Oct 28, 2021 37 exhibit (4)
Docket Text: EXHIBIT by Defendants Medela AG, Medela LLC CORRECTED Exhibit 1 to Opposition to Extension of Temporary Restraining Order regarding response in opposition to motion,, [35] (Weiner, Michael)
Oct 28, 2021 38 response in opposition to motion (2)
Docket Text: RESPONSE by Think Green Limitedin Opposition to MOTION by Defendants Medela AG, Medela LLC for leave to file excess pages Motion for Leave to Exceed Page Limit[36] (Greenspoon, Robert)
Oct 28, 2021 39 declaration (30)
Docket Text: DECLARATION of Tim P. Fletcher regarding motion for preliminary injunction[7] in rebuttal to functionality argument. (Greenspoon, Robert)
Oct 28, 2021 41 reply (Main Document) (12)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 41 reply (Exhibit) (1)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 41 reply (Exhibit) (1)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 41 reply (Exhibit) (1)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 41 reply (Exhibit) (1)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 41 reply (Exhibit) (30)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 41 reply (Exhibit) (3)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 41 reply (Exhibit) (3)
Docket Text: REPLY by Plaintiff Think Green Limited to response in opposition to motion,, [35] (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Greenspoon, Robert)
Oct 28, 2021 42 motion to strike (3)
Docket Text: MOTION by Defendants Medela AG, Medela LLC to strike declaration[39], declaration[33] Motion to Strike Untimely Declarations (Weiner, Michael)
Oct 27, 2021 35 response in opposition to motion (Main Document) (30)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 35 response in opposition to motion (Exhibit 1) (17)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 35 response in opposition to motion (Exhibit 2) (9)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 35 response in opposition to motion (Declaration of Kristin Davis) (9)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 35 response in opposition to motion (Declaration of Carsten Faltum) (22)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 35 response in opposition to motion (Declaration of Nancy Heaton) (14)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 35 response in opposition to motion (Declaration of Kyle King) (12)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 35 response in opposition to motion (Declaration of Ivy Xu) (18)
Docket Text: OPPOSITION to Extension of Temporary Restraining Order by Medela AG, Medela LLC to MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days [11] Opposition to Extension of Temporary Restraining Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Kristin Davis, # (4) Declaration of Carsten Faltum, # (5) Declaration of Nancy Heaton, # (6) Declaration of Kyle King, # (7) Declaration of Ivy Xu)(Weiner, Michael) Docket Text Modified by Clerk's Office on 10/28/2021 (ph, ).
Oct 27, 2021 36 motion for leave to file excess pages (2)
Docket Text: MOTION by Defendants Medela AG, Medela LLC for leave to file excess pages Motion for Leave to Exceed Page Limit (Weiner, Michael)
Oct 26, 2021 31 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Minute entry [30] is vacated. A minute order correcting the ruling on the oral motion for TRO is to follow. Mailed notice. (ecw, )
Oct 26, 2021 32 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/22/2021. The parties reported that they have not reached any resolutions. Defendant is to respond to the request for a temporary restraining order by 10/27/2021. Plaintiff may file a written reply by close of business on 10/28/2021, or may reply orally on 10/29/2021. A hearing for additional argument on the TRO is set for 10/29/2021 at 1:30 p.m. Parties are to contact Judge Durkin's courtroom deputy as to whether the hearing will be held in-person, by video or by phone. Plaintiff's oral motion to extend the TRO is continued to 10/29/2021. A Preliminary Injunction Hearing is tentatively set for 11/10/2021 at 10:00 a.m., absent an agreement by the parties to extend the TRO past 28 days. Mailed notice. (ecw, )
Oct 26, 2021 33 declaration (29)
Docket Text: DECLARATION of Rhonda Harper regarding motion for preliminary injunction[7] on likelihood of confusion and secondary meaning (Greenspoon, Robert)
Oct 26, 2021 34 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: By agreement of the parties, the hearing set for 10/29/2021 at 1:30 p.m. will proceed in-person in courtroom 2541. Any attendees appearing by telephone may dial 877-402-9757, Access Code 4410831. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Oct 22, 2021 30 telephone conference (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/22/2021. The parties reported that they have not reached any resolutions. Defendant is to respond to the request for a temporary restraining order by 10/27/2021. Plaintiff may file a written reply by close of business on 10/28/2021, or may reply orally on 10/29/2021. A hearing for additional argument on the TRO is set for 10/29/2021 at 1:30 p.m. Parties are to contact Judge Durkin's courtroom deputy as to whether the hearing will be held in-person, by video or by phone. Plaintiff's oral motion to extend the TRO to 11/12/2021 is granted. A Preliminary Injunction Hearing is tentatively set for 11/10/2021 at 10:00 a.m., absent an agreement by the parties to extend the TRO past 28 days. Mailed notice. (ecw, )
Oct 21, 2021 N/A bond (0)
Docket Text: BOND in the amount of $ 100,000 posted via Fedwire by Think Green Limited. (sm, )
Oct 21, 2021 26 motion to appear pro hac vice (2)
Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18792430. (Kessler, Sarah)
Oct 21, 2021 27 motion to appear pro hac vice (Main Document) (2)
Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18792821. (Attachments: # (1) Exhibit A)(Dunlap, Thomas)
Oct 21, 2021 27 motion to appear pro hac vice (Exhibit A) (1)
Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18792821. (Attachments: # (1) Exhibit A)(Dunlap, Thomas)
Oct 21, 2021 28 order on motion to appear pro hac vice (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice [26] is granted. Attorney Sarah Kessler for Think Green Limited added. Mailed notice. (ecw, )
Oct 21, 2021 29 order on motion to appear pro hac vice (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice [27] is granted. Attorney Thomas M. Dunlap for Think Green Limited added. Mailed notice. (ecw, )
Oct 20, 2021 25 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Plaintiff Think Green Limited by William W. Flachsbart (Flachsbart, William)
Oct 19, 2021 22 telephone conference (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/19/2021. A hearing is tentatively set for 10/29/2021. A telephone status hearing is set for 10/22/2021 at 9:15 a.m., at which time the parties should be prepared to discuss how they would like to proceed on 10/29/2021. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. If the parties reach an agreement as to how they would like to proceed on 10/29/2021 before the 10/22/2021 status, they may contact Judge Durkin's courtroom deputy and the 10/22/2021 status will be vacated. Mailed notice. (ecw, )
Oct 19, 2021 23 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendants Medela AG, Medela LLC by Katharine C Nuehring Su (Nuehring Su, Katharine)
Oct 19, 2021 24 summons returned executed (2)
Docket Text: SUMMONS Returned Executed by Think Green Limited as to Medela LLC on 10/19/2021, answer due 11/9/2021. (Greenspoon, Robert)
Oct 18, 2021 15 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The Temporary Restraining Order [14] is vacated. A corrected order will be entered shortly. Mailed notice. (ecw, )
Oct 18, 2021 16 order (3)
Docket Text: TEMPORARY Restraining Order. Signed by the Honorable Thomas M. Durkin on 10/18/2021. Mailed notice. (ecw, )
Oct 18, 2021 17 set/reset hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: A telephone status hearing is set for 10/19/2021 at 8:45 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Oct 18, 2021 18 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendants Medela AG, Medela LLC by Jeremy R. Kriegel (Kriegel, Jeremy)
Oct 18, 2021 19 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendants Medela AG, Medela LLC by Michael R. Weiner (Weiner, Michael)
Oct 18, 2021 20 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendants Medela AG, Medela LLC by John Joseph Lucas (Lucas, John)
Oct 18, 2021 21 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Defendants Medela AG, Medela LLC by Thomas L. Duston (Duston, Thomas)
Oct 17, 2021 14 order (3)
Docket Text: TEMPORARY Restraining Order. Signed by the Honorable Thomas M. Durkin on 10/17/2021. Mailed notice. (ecw, )
Oct 15, 2021 N/A summons issued (0)
Docket Text: SUMMONS Issued as to Defendants Medela AG, Medela LLC (jf, )
Oct 15, 2021 12 set motion and R&R deadlines/hearings (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction [7] and motion for temporary restraining order [11] is set for 10/15/2021 at 4:00 p.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
Oct 15, 2021 13 order on motion for temporary restraining order (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held by telephone on 10/15/2021. Oral argument was heard. For the reasons stated on the record, the motion for a temporary restraining [11] is granted. Plaintiff is to submit a proposed TRO incorporating the modifications discussed. Mailed notice. (ecw, )
Oct 14, 2021 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (mxo, )
Oct 14, 2021 4 text entry (1)
Docket Text: MINUTE entry before the Honorable Thomas M. Durkin: The Local Patent Rules of course apply to all patent cases filed in this District. It is Judge Durkin's practice, however, to hold an informal, off the record meeting with the attorneys for the parties as soon as possible after all parties have counsel who have filed appearances. All discussions at the meeting will be inadmissible in any later proceeding under Federal Rule of Evidence 408. The purpose of the meeting is to see whether an early resolution of the case, or a narrowing or prioritizing of the contested issues can occur before any scheduling order is prepared by the parties. No position papers or other briefs should be filed in advance of the meeting, which will last an hour or less. No clients are required to attend, as this is not a settlement conference. Plaintiffs' counsel shall call Judge Durkin's courtroom deputy, Emily Wall, after summons has been executed in order to begin discussions about the scheduling of this meeting. No answer to the complaint is required until after this meeting, which is intended to minimize the costs of this uniquely expensive kind of litigation. Mailed notice. (ecw, )
Oct 14, 2021 5 Patent/Trademark report (12)
Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA (jg, )
Oct 14, 2021 6 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Plaintiff Think Green Limited by Michael R. La Porte (La Porte, Michael)
Oct 14, 2021 7 motion for preliminary injunction (2)
Docket Text: MOTION by Plaintiff Think Green Limited for preliminary injunction (Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Main Document) (16)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Exhibit A) (11)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Exhibit B) (4)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Exhibit C) (2)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Exhibit D) (5)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Exhibit E) (8)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Exhibit F) (7)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 8 memorandum in support of motion (Exhibit G) (8)
Docket Text: MEMORANDUM by Think Green Limited in support of motion for preliminary injunction[7] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Greenspoon, Robert)
Oct 14, 2021 9 declaration (3)
Docket Text: DECLARATION of Alice Hu regarding motion for preliminary injunction[7] (Greenspoon, Robert)
Oct 14, 2021 10 declaration (30)
Docket Text: DECLARATION of Shuting Zhang regarding motion for preliminary injunction[7] (Greenspoon, Robert)
Oct 14, 2021 11 motion for temporary restraining order (3)
Docket Text: MOTION by Plaintiff Think Green Limited for temporary restraining order for 14-Days (Greenspoon, Robert)
Oct 13, 2021 1 Complaint* (1)
Oct 13, 2021 1 complaint (Main Document) (18)
Docket Text: COMPLAINT filed by Think Green Limited; Jury Demand. Filing fee $ 402, receipt number 0752-18765204. (Attachments: # (1) Exhibit A)(Greenspoon, Robert)
Oct 13, 2021 1 complaint (Exhibit A) (11)
Docket Text: COMPLAINT filed by Think Green Limited; Jury Demand. Filing fee $ 402, receipt number 0752-18765204. (Attachments: # (1) Exhibit A)(Greenspoon, Robert)
Oct 13, 2021 2 civil cover sheet (1)
Docket Text: CIVIL Cover Sheet (Greenspoon, Robert)
Oct 13, 2021 3 attorney appearance (1)
Docket Text: ATTORNEY Appearance for Plaintiff Think Green Limited by Robert P. Greenspoon (Greenspoon, Robert)
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