Case number 4:18-cv-00009
Trudell Medical International v. D R Burton Healthcare, LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 18, 2023 | 330 | ORDER granting 329 Motion for Return of Trial Exhibits 31-36. The Clerk's Office is directed to inform counsel when the exhibits have been received by the Raleigh Clerk's Office and are available to be collected by counsel. Signed by District Judge Terrence W. Boyle on 8/17/2023. (Stouch, L.) (Entered: 08/18/2023) (2) |
| Aug 11, 2023 | 329 | Consent MOTION Return of Trial Exhibits 31-36 filed by D R Burton Healthcare, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order) (Allan, Albert) (Entered: 08/11/2023) (Main Document) (3) |
| Aug 11, 2023 | 329 | Consent MOTION Return of Trial Exhibits 31-36 filed by D R Burton Healthcare, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order) (Allan, Albert) (Entered: 08/11/2023) (Text of Proposed Order Proposed Order) (2) |
| Apr 27, 2023 | 327 | OFFICIAL TRANSCRIPT of Proceedings held on 11/8/2022, Jury Trial - Day 2, before Judge Terrence W. Boyle. Court Reporter/ Wanda Constantino, Telephone number 919-548-4914, wanda@mywordservices.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 5/21/2023. Redacted Transcript Deadline set for 5/31/2023. Release of Transcript Restriction set for 7/29/2023. (Foell, S.) (Entered: 04/27/2023) (217) |
| Apr 27, 2023 | 328 | OFFICIAL TRANSCRIPT of Proceedings held on 11/9/2022, Jury Trial - Day 3, before Judge Terrence W. Boyle. Court Reporter/ Wanda Constantino, Telephone number 919-548-4914, wanda@mywordservices.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 5/21/2023. Redacted Transcript Deadline set for 5/31/2023. Release of Transcript Restriction set for 7/29/2023. (Foell, S.) (Entered: 04/27/2023) (175) |
| Apr 26, 2023 | 326 | TRANSCRIPT REQUEST by Trudell Medical International (He, Judy) (Entered: 04/26/2023) (1) |
| Apr 21, 2023 | 324 | US Court of Appeals for the Federal Circuit Case Number 23-1777 as to 321 Notice of Appeal filed by Trudell Medical International. (Foell, S.) (Entered: 04/24/2023) (4) |
| Apr 21, 2023 | 325 | US Court of Appeals Case Number 23-1779 as to 323 Notice of Cross Appeal filed by D R Burton Healthcare, LLC. (Foell, S.) (Entered: 04/24/2023) (4) |
| Mar 30, 2023 | 323 | Notice of Cross Appeal filed by D R Burton Healthcare, LLC as to 308 Judgment,,,,,. Filing fee, receipt number ANCEDC-7017215. (Allan, Albert) (Entered: 03/30/2023) (3) |
| Mar 23, 2023 | 322 | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit regarding 321 Notice of Appeal. (Foell, S.) Modified on 3/24/2023, to note federal circuit appeal (Foell, S.). (Entered: 03/23/2023) (1) |
| Mar 21, 2023 | 321 | Notice of Appeal filed by Trudell Medical International as to 320 Order on Motion for Judgment as a Matter of Law, 308 Judgment,,,,,. Filing fee, receipt number ANCEDC-6998612. (He, Judy) (Entered: 03/21/2023) (3) |
| Mar 1, 2023 | 320 | ORDER denying 313 Motion for Judgment as a Matter of Law. Signed by District Judge Terrence W. Boyle on 3/1/2023. (Stouch, L.) (Entered: 03/01/2023) (8) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Main Document) (16) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Affidavit - Declaration of Judy He) (2) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022) (30) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Exhibit 2 - Independent Claims Comparisons) (7) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022) (4) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Exhibit 4 - Exhibit re Collins Testimony) (7) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022) (30) |
| Jan 12, 2023 | 319 | REPLY to Response to Motion regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Excerpt Pages from July Trial - Day 3 - Nov 9, 2022, # 3 Exhibit 2 - Independent Claims Comparisons, # 4 Exhibit 3 - Excerpt Pages from Pretrial Conference - Nov 4, 2022, # 5 Exhibit 4 - Exhibit re Collins Testimony, # 6 Exhibit 5 - Excerpt Pages from Jury Trial - Day 2 - Nov 8, 2022, # 7 Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (Morrow, John) (Entered: 01/12/2023) (Exhibit 6 - Excerpt Pages from Day 1 - Witness Testimony - Nov 7, 2022) (5) |
| Dec 29, 2022 | 318 | RESPONSE in Opposition regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by D R Burton Healthcare, LLC. (Attachments: # 1 Exhibit A - Trial Transcript Excerpts (Day 3)) (Allan, Albert) (Entered: 12/29/2022) (Main Document) (16) |
| Dec 29, 2022 | 318 | RESPONSE in Opposition regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by D R Burton Healthcare, LLC. (Attachments: # 1 Exhibit A - Trial Transcript Excerpts (Day 3)) (Allan, Albert) (Entered: 12/29/2022) (Exhibit A - Trial Transcript Excerpts (Day 3)) (30) |
| Dec 22, 2022 | 317 | OFFICIAL TRANSCRIPT of Proceedings held on 11/4/2022, Pretrial Conference, before Judge Terrence W. Boyle. Court Reporter/ Wanda Constantino, Telephone number 919-548-4914, wanda@mywordservices.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 1/15/2023. Redacted Transcript Deadline set for 1/25/2023. Release of Transcript Restriction set for 3/25/2023. (Foell, S.) Modified on 3/17/2023 (Foell, S.). (Entered: 12/22/2022) (28) |
| Dec 14, 2022 | 315 | OFFICIAL TRANSCRIPT of Proceedings held on 11/7/2022, Jury Selection, Motions and Opening Statements - Day 1, before Judge Terrence W. Boyle. Court Reporter/ Wanda Constantino, Telephone number 919-548-4914, wanda@mywordservices.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 1/7/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/17/2023. (Foell, S.) Modified on 3/17/2023 (Foell, S.). (Entered: 12/14/2022) (68) |
| Dec 14, 2022 | 316 | OFFICIAL TRANSCRIPT of Proceedings held on 11/7/2022, Day 1 of Trial, before Judge Terrence W. Boyle. Court Reporter/ Wanda Constantino, Telephone number 919-548-4914, wanda@mywordservices.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 1/7/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/17/2023. (Foell, S.) Modified on 3/17/2023 (Foell, S.). (Entered: 12/14/2022) (84) |
| Dec 8, 2022 | 313 | MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Text of Proposed Order) (Morrow, John) (Entered: 12/08/2022) (Main Document) (3) |
| Dec 8, 2022 | 314 | Memorandum in Support regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Trudell Medical v D-R Burton - MIL, Jury Selection and Opening Statements, # 3 Exhibit 2 - PDX 4 (Final Trudell - Durgin Slides) (Morrow, John) (Entered: 12/08/2022) (Main Document) (26) |
| Dec 8, 2022 | 314 | Memorandum in Support regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Trudell Medical v D-R Burton - MIL, Jury Selection and Opening Statements, # 3 Exhibit 2 - PDX 4 (Final Trudell - Durgin Slides) (Morrow, John) (Entered: 12/08/2022) (Affidavit - Declaration of Judy He) (2) |
| Dec 8, 2022 | 314 | Memorandum in Support regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Trudell Medical v D-R Burton - MIL, Jury Selection and Opening Statements, # 3 Exhibit 2 - PDX 4 (Final Trudell - Durgin Slides) (Morrow, John) (Entered: 12/08/2022) (Exhibit 1 - Trudell Medical v D-R Burton - MIL, Jury Selection and Opening State) (9) |
| Dec 8, 2022 | 314 | Memorandum in Support regarding 313 MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Affidavit - Declaration of Judy He, # 2 Exhibit 1 - Trudell Medical v D-R Burton - MIL, Jury Selection and Opening Statements, # 3 Exhibit 2 - PDX 4 (Final Trudell - Durgin Slides) (Morrow, John) (Entered: 12/08/2022) (Exhibit 2 - PDX 4 (Final Trudell - Durgin Slides) (30) |
| Dec 8, 2022 | 313 | MOTION for Judgment as a Matter of Law [RENEWED MOTION FOR JUDGEMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, A NEW TRIAL] filed by Trudell Medical International. (Attachments: # 1 Text of Proposed Order) (Morrow, John) (Entered: 12/08/2022) (Text of Proposed Order) (1) |
| Dec 2, 2022 | 312 | MOTION for Extension of Time [UNOPPOSED MOTION TO EXTEND POST-TRIAL MOTION DEADLINES] filed by Trudell Medical International. (Attachments: # 1 Text of Proposed Order) (Morrow, John) (Entered: 12/02/2022) (Main Document) (5) |
| Dec 2, 2022 | 312 | MOTION for Extension of Time [UNOPPOSED MOTION TO EXTEND POST-TRIAL MOTION DEADLINES] filed by Trudell Medical International. (Attachments: # 1 Text of Proposed Order) (Morrow, John) (Entered: 12/02/2022) (Text of Proposed Order) (2) |
| Nov 10, 2022 | 308 | Judgment (2) Docket Text: JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED pursuant to this Court's order entered August 26, 2021, counter defendant Monaghan's motion to dismiss for lack of jurisdiction is GRANTED. [DE 196]. The counterclaims against counter defendant Monaghan are DISMISSED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the jurys verdict: The patent is not invalid because it failed to provide a written description of the invention that is claimed by Trudell. The patent is not invalid because it failed to enable one skilled in the art to know how to make and use the invention that is claimed by Trudell. The patent is not invalid because the term vane is indefinite. The patent is not invalid because the term rotate is indefinite. The patent is not invalid because the invention is not a workable invention. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the jurys verdict, D R Burtons vPEP product does not infringe any of the asserted claims of the patent. D R Burtons iPEP product does not infringe any of the asserted claims of the patent. D R Burtons Pocket PEP product does not infringe any of the asserted claims of the patent. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 11/10/2022. (Stouch, L.) |
| Nov 10, 2022 | 309 | Exhibit List - Jury Trial. (Stouch, L.) (Entered: 11/10/2022) (0) |
| Nov 10, 2022 | 310 | Final Jury Box - Sealed Documen (Attachments: # 1 First Jury Box) (Stouch, L.) (Entered: 11/10/2022) (0) |
| Nov 9, 2022 | N/A | Motion for Judgment as a Matter of Law (0) Docket Text: ORAL MOTION for Judgment as a Matter of Law filed by Trudell Medical International. (Stouch, L.) |
| Nov 9, 2022 | N/A | Motion for Judgment as a Matter of Law (0) Docket Text: ORAL MOTION for Judgment as a Matter of Law filed by D R Burton Healthcare, LLC. (Stouch, L.) |
| Nov 9, 2022 | N/A | Order on Motion for Reconsideration (0) Docket Text: ORAL ORDER regarding [301] Motion for Reconsideration. Dr. Collins will be allowed to testify for defendant. Entered by District Judge Terrence W. Boyle on 11/9/2022. (Stouch, L.) |
| Nov 9, 2022 | N/A | Order on Motion for Judgment as a Matter of Law (0) Docket Text: ORAL ORDER denying Plaintiff's Motion for Judgment as a Matter of Law and denying Defendant's Motion for Judgment as a Matter of Law. Entered by District Judge Terrence W. Boyle on 11/9/2022. (Stouch, L.) |
| Nov 9, 2022 | 306 | Jury Verdict (3) Docket Text: JURY VERDICT. (Stouch, L.) |
| Nov 7, 2022 | N/A | Order on Motion for Reconsideration (0) Docket Text: ORAL ORDER - The Court reserves a ruling regarding expert Collins testimony until the beginning of defendant's case. The Court has reconsideredthe motions in limine #7 and # 10 and will allow both. Entered by District Judge Terrence W. Boyle on 11/7/2022. (Stouch, L.) |
| Nov 6, 2022 | 299 | Proposed Verdict Form (3) Docket Text: Proposed Verdict Form by D R Burton Healthcare, LLC. (Allan, Albert) |
| Nov 6, 2022 | 300 | Proposed Verdict Form (9) Docket Text: Proposed Verdict Form by Trudell Medical International. (Lindner, David) |
| Nov 6, 2022 | 301 | Motion for Reconsideration (11) Docket Text: MOTION for Reconsideration regarding [262] MOTION in Limine to Exclude Expert Testimony of Dr. John Collins at Trial, [283] MOTION in Limine [PLAINTIFF'S OMNIBUS MOTIONS IN LIMINE] filed by Trudell Medical International. (Lindner, David) |
| Nov 4, 2022 | N/A | Order on Motion in Limine (0) Docket Text: ORAL ORDER DENYING DE [262] Plaintiffs Motion in Limine; GRANTING IN PART and DENYING IN PART DE [283] plaintiffs omnibus motion in limine. Plaintiffs motion in limine (MIL) 1 is DENIED, MIL 2 is DENIED, MIL 3 is ALLOWED, MIL 4 is ALLOWED, MIL 5 is DENIED, MIL 6 is ALLOWED, MIL 7 is DENIED, MIL 8 is DENIED, MIL 9 is DENIED, MIL 10 is DENIED, MIL 11 is DENIED; GRANTING IN PART and DENYING IN PART DE [291] as follows: (1) is DENIED; (2) is GRANTED. Part (3) of the motion was withdrawn by defendant. Entered by District Judge Terrence W. Boyle on 11/4/2022. (Stouch, L.) |
| Nov 3, 2022 | 296 | Proposed Jury Instructions (30) Docket Text: Proposed Jury Instructions by Trudell Medical International. (Lindner, David) |
| Nov 3, 2022 | 297 | Response in Opposition to Motion (Main Document) (11) Docket Text: RESPONSE in Opposition regarding [291] MOTION in Limine filed by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of Judy He, # (2) Exhibit 1 - Excerpts 2022-08-24 Status Conference, # (3) Exhibit 2 - 2022-08-30 Email - Meet & Confer, # (4) Exhibit 3 - 2022-09-02 D Lindner Email) (Morrow, John) |
| Nov 3, 2022 | 297 | Response in Opposition to Motion (Affidavit Declaration of Judy He) (2) Docket Text: RESPONSE in Opposition regarding [291] MOTION in Limine filed by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of Judy He, # (2) Exhibit 1 - Excerpts 2022-08-24 Status Conference, # (3) Exhibit 2 - 2022-08-30 Email - Meet & Confer, # (4) Exhibit 3 - 2022-09-02 D Lindner Email) (Morrow, John) |
| Nov 3, 2022 | 297 | Response in Opposition to Motion (Exhibit 1 - Excerpts 2022-08-24 Status Conference) (9) Docket Text: RESPONSE in Opposition regarding [291] MOTION in Limine filed by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of Judy He, # (2) Exhibit 1 - Excerpts 2022-08-24 Status Conference, # (3) Exhibit 2 - 2022-08-30 Email - Meet & Confer, # (4) Exhibit 3 - 2022-09-02 D Lindner Email) (Morrow, John) |
| Nov 3, 2022 | 297 | Response in Opposition to Motion (Exhibit 2 - 2022-08-30 Email - Meet & Confer) (2) Docket Text: RESPONSE in Opposition regarding [291] MOTION in Limine filed by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of Judy He, # (2) Exhibit 1 - Excerpts 2022-08-24 Status Conference, # (3) Exhibit 2 - 2022-08-30 Email - Meet & Confer, # (4) Exhibit 3 - 2022-09-02 D Lindner Email) (Morrow, John) |
| Nov 3, 2022 | 297 | Response in Opposition to Motion (Exhibit 3 - 2022-09-02 D Lindner Email) (2) Docket Text: RESPONSE in Opposition regarding [291] MOTION in Limine filed by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of Judy He, # (2) Exhibit 1 - Excerpts 2022-08-24 Status Conference, # (3) Exhibit 2 - 2022-08-30 Email - Meet & Confer, # (4) Exhibit 3 - 2022-09-02 D Lindner Email) (Morrow, John) |
| Nov 3, 2022 | 298 | Order on Motion to Seal Document (1) Docket Text: ORDER granting [277] Motion to Seal Document [277] MOTION to Seal Document [251] PROPOSED SEALED Declaration, [250] PROPOSED SEALED Document, [262] MOTION in Limine to Exclude Expert Testimony of Dr. John Collins at Trial, [264] PROPOSED SEALED Declaration, [249] Memorandum in Support, [250] PROPOSED SEALED Document, [262] MOTION in Limine to Exclude Expert Testimony of Dr. John Collins at Trial, [249] Memorandum in Support, [248] MOTION for Summary Judgment of No Invalidity, [241] PROPOSED SEALED Memorandum in Support, [263] Memorandum in Support, [242] PROPOSED SEALED Declaration, [243] Declaration, [240] MOTION for Summary Judgment. Signed by District Judge Terrence W. Boyle on 11/3/2022. (Reznick, Debra) |
| Nov 2, 2022 | N/A | Notice - other (0) Docket Text: NOTICE TO COUNSEL - The parties are DIRECTED to file non-redlined proposed jury instructions for the Court's review. (Stouch, L.) |
| Nov 2, 2022 | N/A | Set/Reset Hearings (0) Docket Text: **** Set Hearing: Pretrial Conference set for 11/4/2022 at 03:00 PM via videoconference before District Judge Terrence W. Boyle. Counsel will receive videoconference information via email. (Stouch, L.) |
| Nov 2, 2022 | 293 | Order on Motion for Summary Judgment (5) Docket Text: ORDER denying [240] Motion for Summary Judgment, [248] Motion for Summary Judgment, [254] Motion for Summary Judgment. Signed by District Judge Terrence W. Boyle on 11/2/2022. (Stouch, L.) |
| Nov 2, 2022 | 294 | Order on Motion to Seal (1) Docket Text: ORDER granting [259] Motion to Seal. Signed by District Judge Terrence W. Boyle on 11/2/2022. (Stouch, L.) |
| Nov 2, 2022 | 295 | Order on Motion to Seal (1) Docket Text: ORDER granting [246] Motion to Seal. Signed by District Judge Terrence W. Boyle on 11/2/2022. (Stouch, L.) |
| Oct 31, 2022 | 281 | Proposed Voir Dire (4) Docket Text: Proposed Voir Dire by Trudell Medical International. (Morrow, John) |
| Oct 31, 2022 | 282 | Proposed Pretrial Order (30) Docket Text: Proposed Pretrial Order [JOINT (PROPOSED) PRETRIAL ORDER] by Trudell Medical International. (Morrow, John) |
| Oct 31, 2022 | 283 | Motion in Limine (Main Document) (4) Docket Text: MOTION in Limine [PLAINTIFF'S OMNIBUS MOTIONS IN LIMINE] filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Morrow, John) |
| Oct 31, 2022 | 283 | Motion in Limine (Text of Proposed Order) (2) Docket Text: MOTION in Limine [PLAINTIFF'S OMNIBUS MOTIONS IN LIMINE] filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Morrow, John) |
| Oct 31, 2022 | 286 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [285] PROPOSED SEALED Declaration, [284] PROPOSED SEALED Memorandum in Support, [NOTICE OF PROVISIONAL FILING UNDER SEAL OF MEMORANDUM IN SUPPORT OF PLAINTIFF'S OMNIBUS MOTIONS IN LIMINE AND EXHIBIT 1]. (Morrow, John) |
| Oct 31, 2022 | 288 | Proposed Jury Instructions (30) Docket Text: Proposed Jury Instructions by Trudell Medical International. (Lindner, David) |
| Oct 31, 2022 | 289 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [287] PROPOSED SEALED Document [NOTICE OF PROVISIONAL FILING UNDER SEAL OF PLAINTIFF TRUDELL MEDICAL INTERNATIONAL'S TRIAL BRIEF". (Morrow, John) |
| Oct 31, 2022 | 290 | Proposed Jury Instructions (Main Document) (30) Docket Text: Proposed Jury Instructions by D R Burton Healthcare, LLC. (Attachments: # (1) Redline from AIPLA Pattern Patent Jury Instructions) (Allan, Albert) |
| Oct 31, 2022 | 290 | Proposed Jury Instructions (Redline from AIPLA Pattern Patent Jury Instructions) (30) Docket Text: Proposed Jury Instructions by D R Burton Healthcare, LLC. (Attachments: # (1) Redline from AIPLA Pattern Patent Jury Instructions) (Allan, Albert) |
| Oct 31, 2022 | 291 | Motion in Limine (3) Docket Text: MOTION in Limine filed by D R Burton Healthcare, LLC. (Allan, Albert) |
| Oct 31, 2022 | 292 | Memorandum in Support (8) Docket Text: Memorandum in Support regarding [291] MOTION in Limine filed by D R Burton Healthcare, LLC. (Allan, Albert) |
| Oct 27, 2022 | N/A | Reminder to Counsel - Judge Boyle (0) Docket Text: REMINDER TO COUNSEL. Pursuant to Judge Boyle's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.) |
| Oct 27, 2022 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [246] MOTION to Seal [242] PROPOSED SEALED Declaration, [254] MOTION for Summary Judgment , [259] Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support, [248] MOTION for Summary Judgment of No Invalidity, [240] MOTION for Summary Judgment. (Stouch, L.) |
| Oct 27, 2022 | 277 | Motion to Seal Document (3) Docket Text: MOTION to Seal Document [251] PROPOSED SEALED Declaration,,,, [250] PROPOSED SEALED Document,,,, [262] MOTION in Limine to Exclude Expert Testimony of Dr. John Collins at Trial, [264] PROPOSED SEALED Declaration,, [249] Memorandum in Support, [248] MOTION for Summary Judgment of No Invalidity, [241] PROPOSED SEALED Memorandum in Support, [263] Memorandum in Support, [242] PROPOSED SEALED Declaration,,,,, [243] Declaration, [240] MOTION for Summary Judgment (Unopposed Motion to Seal) filed by D R Burton Healthcare, LLC. (Allan, Albert) |
| Oct 27, 2022 | 278 | Memorandum in Support (7) Docket Text: Memorandum in Support regarding [277] MOTION to Seal Document [251] PROPOSED SEALED Declaration,,,, [250] PROPOSED SEALED Document,,,, [262] MOTION in Limine to Exclude Expert Testimony of Dr. John Collins at Trial, [264] PROPOSED SEALED Declaration,, [249] Memorandum in Su filed by D R Burton Healthcare, LLC. (Allan, Albert) |
| Oct 27, 2022 | 279 | Response (2) Docket Text: Proposed Order regarding [277] MOTION to Seal Document [251] PROPOSED SEALED Declaration,,,, [250] PROPOSED SEALED Document,,,, [262] MOTION in Limine to Exclude Expert Testimony of Dr. John Collins at Trial, [264] PROPOSED SEALED Declaration,, [249] Memorandum in Su filed by D R Burton Healthcare, LLC. (Allan, Albert) |
| Oct 27, 2022 | 280 | Notice - other (3) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [237] Notice - other . (Allan, Albert) |
| Oct 26, 2022 | 272 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion regarding [248] MOTION for Summary Judgment of No Invalidity filed by Trudell Medical International. (Morrow, John) |
| Oct 26, 2022 | 273 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion regarding [240] MOTION for Summary Judgment of Infringement filed by Trudell Medical International. (Morrow, John) |
| Oct 26, 2022 | 274 | Declaration (Main Document) (2) Docket Text: Declaration regarding [273] Reply to Response to Motion [REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT] by Trudell Medical International (Attachments: # (1) Exhibit 1 - Durgin Declaration, # (2) Exhibit 2 - DSC-7-21-cv-02107-117) (Morrow, John) |
| Oct 26, 2022 | 274 | Declaration (Exhibit 1 - Durgin Declaration) (13) Docket Text: Declaration regarding [273] Reply to Response to Motion [REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT] by Trudell Medical International (Attachments: # (1) Exhibit 1 - Durgin Declaration, # (2) Exhibit 2 - DSC-7-21-cv-02107-117) (Morrow, John) |
| Oct 26, 2022 | 274 | Declaration (Exhibit 2 - DSC-7-21-cv-02107-117) (30) Docket Text: Declaration regarding [273] Reply to Response to Motion [REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT] by Trudell Medical International (Attachments: # (1) Exhibit 1 - Durgin Declaration, # (2) Exhibit 2 - DSC-7-21-cv-02107-117) (Morrow, John) |
| Oct 26, 2022 | 276 | Notice - other (4) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [275] PROPOSED SEALED Reply . (Allan, Albert) |
| Oct 24, 2022 | N/A | Reminder to Counsel - Judge Boyle (0) Docket Text: REMINDER TO COUNSEL. Pursuant to Judge Boyle's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Reznick, Debra) |
| Oct 21, 2022 | 266 | Memorandum in Opposition (17) Docket Text: Memorandum in Opposition regarding [254] MOTION for Summary Judgment filed by Trudell Medical International. (Waller, Madison) |
| Oct 21, 2022 | 267 | Response (5) Docket Text: RESPONSE regarding [256] Statement of Material Facts, Response and Counterstatement in Opposition to D R Burton's Statement of Material Facts filed by Trudell Medical International. (Waller, Madison) |
| Oct 21, 2022 | 270 | Response in Opposition to Motion (Main Document) (11) Docket Text: RESPONSE in Opposition regarding [240] MOTION for Summary Judgment filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A: Collins Declaration, # (2) Exhibit B: Lau Declaration) (Allan, Albert) |
| Oct 21, 2022 | 270 | Response in Opposition to Motion (Exhibit A: Collins Declaration) (7) Docket Text: RESPONSE in Opposition regarding [240] MOTION for Summary Judgment filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A: Collins Declaration, # (2) Exhibit B: Lau Declaration) (Allan, Albert) |
| Oct 21, 2022 | 270 | Response in Opposition to Motion (Exhibit B: Lau Declaration) (3) Docket Text: RESPONSE in Opposition regarding [240] MOTION for Summary Judgment filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A: Collins Declaration, # (2) Exhibit B: Lau Declaration) (Allan, Albert) |
| Oct 21, 2022 | 271 | Statement of Material Facts (17) Docket Text: Statement of Material Facts regarding [240] MOTION for Summary Judgment Responsive Statement of Material Facts filed by D R Burton Healthcare, LLC. (Allan, Albert) |
| Oct 20, 2022 | 265 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [264] PROPOSED SEALED Declaration,, Notice to D R Burton Healthcare LLC of Provisional Filing Under Seal. (Waller, Madison) |
| Oct 17, 2022 | 259 | Motion to Seal (Main Document) (3) Docket Text: Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Oct 17, 2022 | 259 | Motion to Seal (Text of Proposed Order) (1) Docket Text: Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Oct 17, 2022 | 260 | Memorandum in Support (6) Docket Text: Memorandum in Support regarding [259] Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support filed by Trudell Medical International. (Hartzell, Samuel) |
| Oct 17, 2022 | 261 | Declaration (Main Document) (2) Docket Text: Declaration regarding [259] Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support , [260] Memorandum in Support by Trudell Medical International (Attachments: # (1) Exhibit 1 - 2019.07.23 Linder/Felts Email, # (2) Exhibit 2 - DR Burton Memo in Support Summary Judgment (REDACTED), # (3) Exhibit 3 - DRB Exhibit B (DI 255-2) Redacted, # (4) Exhibit 4 - DRB Exhibit C (DI 255-3) Redacted) (Hartzell, Samuel) |
| Oct 17, 2022 | 261 | Declaration (Exhibit 1 - 2019.07.23 Linder/Felts Email) (6) Docket Text: Declaration regarding [259] Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support , [260] Memorandum in Support by Trudell Medical International (Attachments: # (1) Exhibit 1 - 2019.07.23 Linder/Felts Email, # (2) Exhibit 2 - DR Burton Memo in Support Summary Judgment (REDACTED), # (3) Exhibit 3 - DRB Exhibit B (DI 255-2) Redacted, # (4) Exhibit 4 - DRB Exhibit C (DI 255-3) Redacted) (Hartzell, Samuel) |
| Oct 17, 2022 | 261 | Declaration (Exhibit 2 - DR Burton Memo in Support Summary Judgment (REDACTED)) (23) Docket Text: Declaration regarding [259] Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support , [260] Memorandum in Support by Trudell Medical International (Attachments: # (1) Exhibit 1 - 2019.07.23 Linder/Felts Email, # (2) Exhibit 2 - DR Burton Memo in Support Summary Judgment (REDACTED), # (3) Exhibit 3 - DRB Exhibit B (DI 255-2) Redacted, # (4) Exhibit 4 - DRB Exhibit C (DI 255-3) Redacted) (Hartzell, Samuel) |
| Oct 17, 2022 | 261 | Declaration (Exhibit 3 - DRB Exhibit B (DI 255-2) Redacted) (24) Docket Text: Declaration regarding [259] Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support , [260] Memorandum in Support by Trudell Medical International (Attachments: # (1) Exhibit 1 - 2019.07.23 Linder/Felts Email, # (2) Exhibit 2 - DR Burton Memo in Support Summary Judgment (REDACTED), # (3) Exhibit 3 - DRB Exhibit B (DI 255-2) Redacted, # (4) Exhibit 4 - DRB Exhibit C (DI 255-3) Redacted) (Hartzell, Samuel) |
| Oct 17, 2022 | 261 | Declaration (Exhibit 4 - DRB Exhibit C (DI 255-3) Redacted) (5) Docket Text: Declaration regarding [259] Consent MOTION to Seal [255] MOTION for Summary Judgment Memorandum in Support , [260] Memorandum in Support by Trudell Medical International (Attachments: # (1) Exhibit 1 - 2019.07.23 Linder/Felts Email, # (2) Exhibit 2 - DR Burton Memo in Support Summary Judgment (REDACTED), # (3) Exhibit 3 - DRB Exhibit B (DI 255-2) Redacted, # (4) Exhibit 4 - DRB Exhibit C (DI 255-3) Redacted) (Hartzell, Samuel) |
| Oct 12, 2022 | 258 | Stipulation of Dismissal (3) Docket Text: STIPULATION of Dismissal (Joint) by Trudell Medical International (Waller, Madison) |
| Oct 10, 2022 | 252 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [251] PROPOSED SEALED Declaration,,,, [250] PROPOSED SEALED Document,,,, [NOTICE OF PROVISIONAL FILING UNDER SEAL OF STATEMENT OF FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NO INVALIDITY AND SELECT EXHIBIT]. (Morrow, John) |
| Oct 10, 2022 | 253 | Witness List (3) Docket Text: Witness List. (Allan, Albert) |
| Oct 10, 2022 | 257 | Witness List (7) Docket Text: Witness List. (Lindner, David) |
| Sep 23, 2022 | 245 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [244] PROPOSED SEALED Document, [241] PROPOSED SEALED Memorandum in Support, [242] PROPOSED SEALED Declaration,,,,, (Notice of Provisional Filing Under Seal). (Morrow, John) |
| Sep 23, 2022 | 246 | Motion to Seal (Main Document) (3) Docket Text: MOTION to Seal [242] PROPOSED SEALED Declaration,,,,, filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Morrow, John) |
| Sep 23, 2022 | 246 | Motion to Seal (Text of Proposed Order) (1) Docket Text: MOTION to Seal [242] PROPOSED SEALED Declaration,,,,, filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Morrow, John) |
| Sep 23, 2022 | 247 | Memorandum in Support (6) Docket Text: Memorandum in Support regarding [246] MOTION to Seal [242] PROPOSED SEALED Declaration,,,,, filed by Trudell Medical International. (Morrow, John) |
| Sep 21, 2022 | 239 | Order on Motion to Compel (2) Docket Text: ORDER denying [230] Motion to Compel. Signed by District Judge Terrence W. Boyle on 9/21/2022. (Stouch, L.) |
| Sep 20, 2022 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [230] MOTION to Compel, [235] MOTION to Withdraw as Attorney. (Stouch, L.) |
| Sep 20, 2022 | 238 | Order on Motion to Withdraw as Attorney (1) Docket Text: ORDER granting [235] Motion to Withdraw as Attorney. Attorney Jeffrey D. Mills; Mark A. Zambarda; Christoper C. Campbell and Brian Eutermoser terminated. Signed by District Judge Terrence W. Boyle on 9/19/2022. (Stouch, L.) |
| Sep 19, 2022 | 236 | Response in Opposition to Motion (Main Document) (7) Docket Text: RESPONSE in Opposition regarding [230] MOTION to Compel filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Haynes Declaration, # (2) Exhibit 1 - Verification of Interrogatories) (Allan, Albert) |
| Sep 19, 2022 | 236 | Response in Opposition to Motion (Affidavit Haynes Declaration) (4) Docket Text: RESPONSE in Opposition regarding [230] MOTION to Compel filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Haynes Declaration, # (2) Exhibit 1 - Verification of Interrogatories) (Allan, Albert) |
| Sep 19, 2022 | 236 | Response in Opposition to Motion (Exhibit 1 - Verification of Interrogatories) (2) Docket Text: RESPONSE in Opposition regarding [230] MOTION to Compel filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Haynes Declaration, # (2) Exhibit 1 - Verification of Interrogatories) (Allan, Albert) |
| Sep 19, 2022 | 237 | Notice - other (3) Docket Text: Notice filed by D R Burton Healthcare, LLC Re Scheduling Conflict of Expert and Request to Take Testimony Out of Turn. (Allan, Albert) |
| Sep 14, 2022 | N/A | Order on Motion to Expedite (0) Docket Text: TEXT ORDER granting [233] Motion to Expedite Briefing on Motion to Compel. Defendant shall have until 9/19/2022 to file a response to plaintiff's [230] Motion to Compel. Entered by District Judge Terrence W. Boyle on 9/14/2022. (Stouch, L.) |
| Sep 14, 2022 | 235 | Motion to Withdraw as Attorney (Main Document) (3) Docket Text: MOTION to Withdraw as Attorney filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) (Campbell, Christoper) |
| Sep 14, 2022 | 235 | Motion to Withdraw as Attorney (Text of Proposed Order) (1) Docket Text: MOTION to Withdraw as Attorney filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) (Campbell, Christoper) |
| Sep 13, 2022 | 230 | Motion to Compel (Main Document) (4) Docket Text: MOTION to Compel filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Sep 13, 2022 | 230 | Motion to Compel (Text of Proposed Order) (2) Docket Text: MOTION to Compel filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Sep 13, 2022 | 232 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [231] PROPOSED SEALED Memorandum in Support,,, Notice of Provisional Filing Under Seal. (Hartzell, Samuel) |
| Sep 13, 2022 | 233 | Motion to Expedite (Main Document) (3) Docket Text: MOTION to Expedite Briefing and Ruling on Motion to Compel filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Sep 13, 2022 | 233 | Motion to Expedite (Text of Proposed Order) (1) Docket Text: MOTION to Expedite Briefing and Ruling on Motion to Compel filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Sep 13, 2022 | 234 | Memorandum in Support (4) Docket Text: Memorandum in Support regarding [233] MOTION to Expedite Briefing and Ruling on Motion to Compel filed by Trudell Medical International. (Hartzell, Samuel) |
| Aug 26, 2022 | N/A | Set/Reset Hearings (0) Docket Text: **** Set Hearing: Jury Selection and Jury Trial set for 11/7/2022 at 10:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Stouch, L.) |
| Aug 26, 2022 | 229 | Order on Motion for Extension of Time (1) Docket Text: ORDER denying as moot [226] Motion for Extension of Time. Signed by District Judge Terrence W. Boyle on 8/26/2022. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.) |
| Aug 3, 2022 | 227 | Notice of Special Appearance (2) Docket Text: Notice of Special Appearance for non-district by Judy K. He on behalf of Trudell Medical International. (He, Judy) |
| Jul 27, 2022 | N/A | Set/Reset Motion and M&R Hearings (0) Docket Text: Set Hearing as to [226] Joint MOTION for Extension of Time [TO EXTEND MEDIATION DEADLINE]. Motion Hearing set for 8/24/2022 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Stouch, L.) |
| Jul 26, 2022 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [226] Joint MOTION for Extension of Time [TO EXTEND MEDIATION DEADLINE]. (Stouch, L.) |
| Jul 25, 2022 | 226 | Motion for Extension of Time (4) Docket Text: Joint MOTION for Extension of Time [TO EXTEND MEDIATION DEADLINE] filed by Trudell Medical International. (Morrow, John) |
| Jun 14, 2022 | 225 | Order on Memorandum and Recommendations (9) Docket Text: ORDER [221] Memorandum and Recommendations. Signed by District Judge Terrence W. Boyle on 6/13/2022. (Stouch, L.) |
| Apr 12, 2022 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [221] MEMORANDUM AND RECOMMENDATIONS regarding [88] Amended Complaint filed by Trudell Medical International, [94] Answer to Amended Complaint, Counterclaim filed by D R Burton Healthcare, LLC. (Stouch, L.) |
| Apr 11, 2022 | 224 | Response (18) Docket Text: RESPONSE regarding [222] PROPOSED SEALED Document, [221] MEMORANDUM AND RECOMMENDATIONS regarding [88] Amended Complaint filed by Trudell Medical International, [94] Answer to Amended Complaint, Counterclaim filed by D R Burton Healthcare, LLC filed by Trudell Medical International. (Hartzell, Samuel) |
| Apr 1, 2022 | 223 | Notice - other (3) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [222] PROPOSED SEALED Document, . (Allan, Albert) |
| Mar 21, 2022 | 221 | Memorandum and Recommendations (41) Docket Text: MEMORANDUM AND RECOMMENDATIONS - Objections to Memorandum and Recommendations due by 4/1/2022. Signed by US Magistrate Judge Brian S. Meyers on 3/18/2022. (Stouch, L.) |
| Aug 25, 2021 | 220 | Order on Motion to Dismiss/Lack of Jurisdiction (10) Docket Text: ORDER granting [196] Motion to Dismiss for Lack of Jurisdiction. The counterclaims against counter defendant Monaghan are DISMISSED. Signed by District Judge Terrence W. Boyle on 8/25/2021. (Sellers, N.) |
| Aug 23, 2021 | N/A | Text Order (0) Docket Text: TEXT ORDER regarding Markman Hearing held October 22 and 23, 2020. The Court assigns this matter to Magistrate Judge Brian Meyers for a Memorandum & Recommendation concerning the hearing. Signed by District Judge Terrence W. Boyle on 8/23/2021. (Sellers, N.) |
| Jul 12, 2021 | N/A | Text Order (0) Docket Text: TEXT ORDER - At the direction of the Court, and in light of the reassignment of this action to United States District Judge Terrence W. Boyle and for the continued efficient administration of justice, the magistrate judge assigned to this case is Brian S. Meyers. All future filings should reflect the revised case number of 4:18-CV-9-BO. Entered by District Judge Terrence W. Boyle on 7/12/2021. (Stouch, L.) |
| Jul 7, 2021 | 219 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International . (Fearson, Jafon) |
| Jul 6, 2021 | 217 | Redacted Transcript (158) Docket Text: REACTED OFFICIAL TRANSCRIPT of Proceedings held on 10/22/2020, Markman Hearing - Day 1, before Magistrate Judge Kimberly A. Swank. Court Reporter/Carolyn High, WordServices, Inc., Telephone number 919-548-4914. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redacts transcript [187]. (Foell, S.) |
| Jul 6, 2021 | 218 | Redacted Transcript (52) Docket Text: REDACTED OFFICIAL TRANSCRIPT of Proceedings held on 10/23/2020, Markman Hearing - Day 2, before Judge Kimberly A. Swank. Court Reporter/Transcriber Carolyn High, WordServices, Inc., Telephone number 919-548-4914. Transcript may be viewed at the court 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 PACER. Redacts transcript [188]. (Foell, S.) |
| Jun 29, 2021 | 216 | Order on Motion to Redact (4) Docket Text: ORDER granting [189] Motion to Redact [187] Transcript, [188] Transcript. Signed by Magistrate Judge Kimberly A. Swank on 6/28/2021. (Stouch, L.) |
| Jun 4, 2021 | 215 | Order on Motion to Seal (2) Docket Text: ORDER - Monaghan's unopposed second request for extension of time [DE 214] is GRANTED. Monaghan shall have fourteen days from the Court's ruling on Monaghan's renewed motion to dismiss to file its answers to DR Burton Healthcare, LLC's counterclaims. The motions to seal [DE 198, 206, 211] are GRANTED. The Clerk is DIRECTED to seal DE 197,204, 204-2, 204-3, and 209. Signed by District Judge Terrence W. Boyle on 6/4/2021. (Stouch, L.) |
| Jun 3, 2021 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [214] Consent MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim [198] MOTION to Seal [197] PROPOSED SEALED Memorandum in Support, [206] MOTION to Seal Document [204] PROPOSED SEALED Response, [204-3] Allan Declaration with Exhibits, [211] MOTION to Seal Document [209] PROPOSED SEALED Reply, [210-2] Exhibit B to Proposed Sealed Declaration, [196] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York. (Stouch, L.) |
| May 27, 2021 | 214 | Motion for Extension of Time to File Answer (Main Document) (4) Docket Text: Consent MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| May 27, 2021 | 214 | Motion for Extension of Time to File Answer (Text of Proposed Order) (2) Docket Text: Consent MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| May 25, 2021 | 211 | Motion to Seal Document (Main Document) (3) Docket Text: MOTION to Seal Document [209] PROPOSED SEALED Reply,, [210-2] Exhibit B to Proposed Sealed Declaration filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Waller, Madison) |
| May 25, 2021 | 211 | Motion to Seal Document (Text of Proposed Order) (1) Docket Text: MOTION to Seal Document [209] PROPOSED SEALED Reply,, [210-2] Exhibit B to Proposed Sealed Declaration filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Waller, Madison) |
| May 25, 2021 | 212 | Memorandum in Support (8) Docket Text: Memorandum in Support regarding [211] MOTION to Seal Document [209] PROPOSED SEALED Reply,, [210-2] Exhibit B to Proposed Sealed Declaration filed by Monaghan Medical Corporation. (Waller, Madison) |
| May 25, 2021 | 213 | Declaration (Main Document) (1) Docket Text: Declaration regarding [211] MOTION to Seal Document [209] PROPOSED SEALED Reply,, [210-2] Exhibit B to Proposed Sealed Declaration by Monaghan Medical Corporation filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit A- Reply to Renewed Motion to Dismiss (Redacted)) (Waller, Madison) |
| May 25, 2021 | 213 | Declaration (Exhibit A- Reply to Renewed Motion to Dismiss (Redacted)) (11) Docket Text: Declaration regarding [211] MOTION to Seal Document [209] PROPOSED SEALED Reply,, [210-2] Exhibit B to Proposed Sealed Declaration by Monaghan Medical Corporation filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit A- Reply to Renewed Motion to Dismiss (Redacted)) (Waller, Madison) |
| May 21, 2021 | 206 | Motion to Seal Document (Main Document) (3) Docket Text: MOTION to Seal Document [204] PROPOSED SEALED Response,, [204-3] Allan Declaration with Exhibits filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Waller, Madison) |
| May 21, 2021 | 206 | Motion to Seal Document (Text of Proposed Order) (2) Docket Text: MOTION to Seal Document [204] PROPOSED SEALED Response,, [204-3] Allan Declaration with Exhibits filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Waller, Madison) |
| May 21, 2021 | 207 | Memorandum in Support (7) Docket Text: Memorandum in Support regarding [206] MOTION to Seal Document [204] PROPOSED SEALED Response,, [204-3] Allan Declaration with Exhibits filed by Monaghan Medical Corporation. (Waller, Madison) |
| May 21, 2021 | 208 | Declaration (Main Document) (2) Docket Text: Declaration regarding [206] MOTION to Seal Document [204] PROPOSED SEALED Response,, [204-3] Allan Declaration with Exhibits by Monaghan Medical Corporation filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit A - Redacted Version of D.I. 204, # (2) Exhibit B- Redacted Version of D.I.204-3) (Waller, Madison) |
| May 21, 2021 | 208 | Declaration (Exhibit A - Redacted Version of D.I. 204) (26) Docket Text: Declaration regarding [206] MOTION to Seal Document [204] PROPOSED SEALED Response,, [204-3] Allan Declaration with Exhibits by Monaghan Medical Corporation filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit A - Redacted Version of D.I. 204, # (2) Exhibit B- Redacted Version of D.I.204-3) (Waller, Madison) |
| May 21, 2021 | 208 | Declaration (Exhibit B- Redacted Version of D.I.204-3) (28) Docket Text: Declaration regarding [206] MOTION to Seal Document [204] PROPOSED SEALED Response,, [204-3] Allan Declaration with Exhibits by Monaghan Medical Corporation filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit A - Redacted Version of D.I. 204, # (2) Exhibit B- Redacted Version of D.I.204-3) (Waller, Madison) |
| May 18, 2021 | 205 | Notice - other (3) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [204] PROPOSED SEALED Response,, . (Allan, Albert) |
| May 17, 2021 | N/A | Notice to Counsel (0) Docket Text: Notice to Counsel regarding: [204] PROPOSED SEALED Response. Pursuant to Section V.G. of the CM/ECF Policy manual, each time a party seeks to file under seal, the party must accompany the request with a motion to seal. In the event that a filing party seeks to file material that has been designated confidential by another party or entity, in lieu of filing a motion to seal, the filing party is required to file a notice of filing pursuant to this subsection. The notice of filing should be docketed after the filing of the provisionally sealed material and linked back to the entry or entries being filed under seal. (Stouch, L.) |
| May 17, 2021 | N/A | Reminder to Counsel - Judge Boyle (0) Docket Text: REMINDER TO COUNSEL. Pursuant to Judge Boyle's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.) |
| Apr 5, 2021 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [202] Joint MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim Joint MOTION for Extension of Time to File Response/Reply as to [201] Response in Support of Motion, [196] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York. (Stouch, L.) |
| Apr 5, 2021 | 203 | Order on Motion for Extension of Time to Answer (2) Docket Text: ORDER granting [202] Motion for Extension of Time to Answer. Monaghan Medical Corporation answer to Counterclaims due 6/7/2021 and granting [202] Motion for Extension of Time to File Response/Reply regarding [196] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York: Responses due by 5/14/2021. Signed by District Judge Terrence W. Boyle on 4/5/2021. (Stouch, L.) |
| Mar 26, 2021 | 202 | Motion for Extension of Time to File Answer (Main Document) (5) Docket Text: Joint MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim , Joint MOTION for Extension of Time to File Response/Reply as to [201] Response in Support of Motion, [196] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Mar 26, 2021 | 202 | Motion for Extension of Time to File Answer (Text of Proposed Order) (2) Docket Text: Joint MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim , Joint MOTION for Extension of Time to File Response/Reply as to [201] Response in Support of Motion, [196] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Mar 24, 2021 | 196 | Motion to Dismiss/Lack of Jurisdiction (Main Document) (4) Docket Text: MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Mar 24, 2021 | 196 | Motion to Dismiss/Lack of Jurisdiction (Text of Proposed Order) (2) Docket Text: MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Mar 24, 2021 | 198 | Motion to Seal (Main Document) (4) Docket Text: MOTION to Seal [197] PROPOSED SEALED Memorandum in Support,, filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Mar 24, 2021 | 198 | Motion to Seal (Text of Proposed Order) (2) Docket Text: MOTION to Seal [197] PROPOSED SEALED Memorandum in Support,, filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Mar 24, 2021 | 199 | Memorandum in Support (6) Docket Text: Memorandum in Support regarding [198] MOTION to Seal [197] PROPOSED SEALED Memorandum in Support,, filed by Monaghan Medical Corporation. (Hartzell, Samuel) |
| Mar 24, 2021 | 200 | Declaration (Main Document) (3) Docket Text: Declaration regarding [199] Memorandum in Support by Monaghan Medical Corporation (Attachments: # (1) Exhibit A - Monaghans Brief in Support of Renewed Motion to Dismiss D R Burtons Counterclaims Three to Five for Lack of Personal Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York (Redacted)) (Hartzell, Samuel) |
| Mar 24, 2021 | 200 | Declaration (Exhibit A - Monaghans Brief in Support of Renewed Motion to Dismiss D R Burtons) (19) Docket Text: Declaration regarding [199] Memorandum in Support by Monaghan Medical Corporation (Attachments: # (1) Exhibit A - Monaghans Brief in Support of Renewed Motion to Dismiss D R Burtons Counterclaims Three to Five for Lack of Personal Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York (Redacted)) (Hartzell, Samuel) |
| Mar 24, 2021 | 201 | Response in Support of Motion (4) Docket Text: RESPONSE in Support regarding [196] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or in the Alternative to Transfer to the Northern District of New York (Partial Joinder and Consent to Transfer Should the Court Order Transfer) filed by Trudell Medical International. (Hartzell, Samuel) |
| Mar 2, 2021 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred to Clerk of COurt: [194] Consent MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim. Motion Submitted to District Judge Terrence W. Boyle. (Stouch, L.) |
| Mar 2, 2021 | 195 | Order on Motion for Extension of Time to Answer (2) Docket Text: ORDER granting [194] Motion for Extension of Time to Answer regarding [94] Counterclaim. Monaghan Medical Corporation answer due 5/7/2021. Signed by District Judge Terrence W. Boyle on 3/2/2021. (Stouch, L.) |
| Feb 26, 2021 | N/A | Motion Referred to Clerk (0) Docket Text: Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding [194] Consent MOTION for Extension of Time to File Answer regarding [94] Counterclaim. (Stouch, L.) |
| Feb 26, 2021 | 194 | Motion for Extension of Time to File Answer (Main Document) (5) Docket Text: Consent MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Feb 26, 2021 | 194 | Motion for Extension of Time to File Answer (Text of Proposed Order) (2) Docket Text: Consent MOTION for Extension of Time to File Answer regarding [94] Answer to Amended Complaint, Counterclaim filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Feb 23, 2021 | 193 | Order on Motion to Withdraw (1) Docket Text: ORDER granting [191] Motion to Withdraw. Signed by District Judge Terrence W. Boyle on 2/23/2021. (Stouch, L.) |
| Feb 22, 2021 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [191] MOTION to Withdraw. (Stouch, L.) |
| Feb 22, 2021 | 192 | Order on Motion to Dismiss/Lack of Jurisdiction (10) Docket Text: ORDER denying [153] Motion to Dismiss for Lack of Jurisdiction. Counter defendant Monaghan's motion to dismiss for lack of jurisdiction is DENIED WITHOUT PREJUDICE. [DE 153]. Judge Swank's order denying defendant's motion to compel is AFFIRMED. [DE 159]. Signed by District Judge Terrence W. Boyle on 2/21/2021. (Stouch, L.) |
| Feb 16, 2021 | 191 | Motion to Withdraw (Main Document) (3) Docket Text: MOTION to Withdraw filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Feb 16, 2021 | 191 | Motion to Withdraw (Exhibit Proposed Order) (1) Docket Text: MOTION to Withdraw filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Feb 8, 2021 | 190 | Order on Motion for Discovery (3) Docket Text: ORDER granting in part and denying in part [164] Motion for Discovery. Signed by Magistrate Judge Kimberly A. Swank on 2/8/2021. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.) |
| Feb 2, 2021 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to District Judge Terrence W. Boyle regarding [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, [164] MOTION for Discovery (Jurisdictional). (Stouch, L.) |
| Jan 29, 2021 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [189] MOTION to Redact [187] Transcript, [188] Transcript. (Stouch, L.) |
| Jan 26, 2021 | 189 | Motion to Redact Transcript (7) Docket Text: MOTION to Redact [187] Transcript,,, [188] Transcript,,, filed by Trudell Medical International. Motions referred to Kimberly A. Swank. (Lindner, David) |
| Jan 20, 2021 | N/A | Order Reassigning Case (0) Docket Text: TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge Terrence W. Boyle for all further proceedings. Senior United States District Judge Malcolm J. Howard is no longer assigned to the case. All future filings should reflect the revised case number of 4:18-CV-9-BO-KS. Signed by Peter A. Moore, Jr., Clerk of Court on 1/20/2021. (Hockaday, A.) |
| Jan 11, 2021 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE of Filing of Official Transcript [188] Transcript,[187] Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Foell, S.) |
| Oct 20, 2020 | N/A | Notice of Hearing (0) Docket Text: TIME CHANGE: Markman Hearing set for 10/22/2020 at 10:30 AM in Greenville, 3rd Floor Courtroom, before Magistrate Judge Kimberly A. Swank. (Foell, S.)(moved from 10:00 am) |
| Sep 8, 2020 | 182 | Set Deadlines/Hearings (2) Docket Text: Order Setting Hearings - A Non-Final Pretrial Conference set for 10/8/2020 at 11:00 AM by video before Magistrate Judge Kimberly A. Swank. A Markman Hearing set for 10/22/2020 at 10:00 AM in Greenville Courtroom before Magistrate Judge Kimberly A. Swank. Counsel should read the order in its entirety for critical information and deadlines. Signed by Magistrate Judge Kimberly A. Swank on 9/7/2020. (Rudd, D.) |
| Sep 4, 2020 | 181 | Notice of Appearance (2) Docket Text: Notice of Appearance filed by Jeffrey D. Mills on behalf of D R Burton Healthcare, LLC. (Mills, Jeffrey) |
| Aug 14, 2020 | N/A | Notice of Correction (0) Docket Text: NOTICE OF CORRECTION regarding: [178] CASE MANAGEMENT ORDER (Patent Infringement): This order was entered in the wrong case. It should have been entered in 4:19-CV-131-H-KS. (Rudd, D.) |
| Aug 12, 2020 | 177 | Order on Motion to Consolidate Cases (5) Docket Text: ORDER denying without prejudice [118] Motion to Consolidate Cases. Signed by Magistrate Judge Kimberly A. Swank on 8/11/2020. (Rudd, D.) |
| Aug 12, 2020 | 178 | Scheduling Order (9) Docket Text: CASE MANAGEMENT ORDER (Patent Infringement): A Non-final Pretrial Conference set for 10/14/2020 at 2:00 PM in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. A Mediation Deadline set for 12/11/2020. Counsel should read the order in its entirety for critical information and deadlines. Signed by Magistrate Judge Kimberly A. Swank on 8/11/2020. (Rudd, D.) |
| Aug 12, 2020 | 179 | Set Deadlines/Hearings (1) Docket Text: Order Setting Hearing - A Scheduling Conference set for 8/21/2020 at 1:00 PM in Telephonic before Magistrate Judge Kimberly A. Swank. Counsel shall read the order in its entirety for pertinent information. Signed by Magistrate Judge Kimberly A. Swank on 8/11/2020. (Rudd, D.) |
| Aug 11, 2020 | 175 | Order on Motion to Seal (2) Docket Text: ORDER granting [168] Motion to Seal. Signed by Magistrate Judge Kimberly A. Swank on 8/11/2020. (Rudd, D.) |
| Aug 11, 2020 | 176 | Order on Motion to Seal (2) Docket Text: ORDER granting [145] Motion to Seal. Signed by Magistrate Judge Kimberly A. Swank on 8/11/2020. (Rudd, D.) |
| Jul 30, 2020 | N/A | Remark (0) Docket Text: Remark - A copy of [174] response regarding [167] to D R Burton Healthcare, LLC's objection/appeal. (Rudd, D.) |
| Jul 29, 2020 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to Senior Judge Malcolm J. Howard regarding [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, [164] MOTION for Discovery (Jurisdictional), [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration. (Rudd, D.) |
| Jul 29, 2020 | 174 | Response (11) Docket Text: RESPONSE regarding [167] Appeal of Magistrate Judge Decision to District Court filed by Trudell Medical International. (Lindner, David) |
| Jul 27, 2020 | 172 | Reply to Response to Motion (Main Document) (12) Docket Text: REPLY to Response to Motion regarding [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit 1 - Excerpt from Transcript of May 13, 2019, Hearing) (Waller, Madison) |
| Jul 27, 2020 | 172 | Reply to Response to Motion (Exhibit 1 - Excerpt from Transcript of May 13, 2019, Hearing) (8) Docket Text: REPLY to Response to Motion regarding [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit 1 - Excerpt from Transcript of May 13, 2019, Hearing) (Waller, Madison) |
| Jul 27, 2020 | 173 | Response in Opposition to Motion (8) Docket Text: RESPONSE in Opposition regarding [164] MOTION for Discovery (Jurisdictional) filed by Monaghan Medical Corporation. (Waller, Madison) |
| Jul 23, 2020 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE of Filing of Official Transcript [171] Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Foell, S.) |
| Jul 23, 2020 | 171 | Transcript (71) Docket Text: OFFICIAL TRANSCRIPT of Proceedings held on 3/13/2019, Pretrial Conference, before Magistrate Judge Kimberly A. Swank. Court Transcriber/ eScribers, Telephone number 973-406-2250. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 8/16/2020. Redacted Transcript Deadline set for 8/26/2020. Release of Transcript Restriction set for 10/24/2020. (Foell, S.) |
| Jul 20, 2020 | 168 | Motion to Seal (Main Document) (3) Docket Text: MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Jul 20, 2020 | 168 | Motion to Seal (Text of Proposed Order) (2) Docket Text: MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Jul 20, 2020 | 169 | Memorandum in Support (7) Docket Text: Memorandum in Support regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, filed by Trudell Medical International. (Hartzell, Samuel) |
| Jul 20, 2020 | 170 | Declaration (Main Document) (3) Docket Text: Declaration regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, , [169] Memorandum in Support, (Declaration of Jafon L. Fearson) by Trudell Medical International (Attachments: # (1) Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1), # (2) Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2), # (3) Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3), # (4) Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162), # (5) Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Opposition To Monaghan Medical Corporations Motion To Dismiss For Lack Of Personal Jurisdiction And Improper Venue (D.I. 163), # (6) Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of Motion For Order Of Jurisdictional Discovery (D.I. 165)) (Hartzell, Samuel) |
| Jul 20, 2020 | 170 | Declaration (Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1)) (3) Docket Text: Declaration regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, , [169] Memorandum in Support, (Declaration of Jafon L. Fearson) by Trudell Medical International (Attachments: # (1) Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1), # (2) Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2), # (3) Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3), # (4) Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162), # (5) Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Opposition To Monaghan Medical Corporations Motion To Dismiss For Lack Of Personal Jurisdiction And Improper Venue (D.I. 163), # (6) Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of Motion For Order Of Jurisdictional Discovery (D.I. 165)) (Hartzell, Samuel) |
| Jul 20, 2020 | 170 | Declaration (Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2)) (6) Docket Text: Declaration regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, , [169] Memorandum in Support, (Declaration of Jafon L. Fearson) by Trudell Medical International (Attachments: # (1) Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1), # (2) Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2), # (3) Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3), # (4) Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162), # (5) Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Opposition To Monaghan Medical Corporations Motion To Dismiss For Lack Of Personal Jurisdiction And Improper Venue (D.I. 163), # (6) Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of Motion For Order Of Jurisdictional Discovery (D.I. 165)) (Hartzell, Samuel) |
| Jul 20, 2020 | 170 | Declaration (Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3)) (4) Docket Text: Declaration regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, , [169] Memorandum in Support, (Declaration of Jafon L. Fearson) by Trudell Medical International (Attachments: # (1) Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1), # (2) Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2), # (3) Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3), # (4) Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162), # (5) Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Opposition To Monaghan Medical Corporations Motion To Dismiss For Lack Of Personal Jurisdiction And Improper Venue (D.I. 163), # (6) Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of Motion For Order Of Jurisdictional Discovery (D.I. 165)) (Hartzell, Samuel) |
| Jul 20, 2020 | 170 | Declaration (Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162)) (5) Docket Text: Declaration regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, , [169] Memorandum in Support, (Declaration of Jafon L. Fearson) by Trudell Medical International (Attachments: # (1) Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1), # (2) Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2), # (3) Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3), # (4) Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162), # (5) Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Opposition To Monaghan Medical Corporations Motion To Dismiss For Lack Of Personal Jurisdiction And Improper Venue (D.I. 163), # (6) Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of Motion For Order Of Jurisdictional Discovery (D.I. 165)) (Hartzell, Samuel) |
| Jul 20, 2020 | 170 | Declaration (Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Oppositi) (25) Docket Text: Declaration regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, , [169] Memorandum in Support, (Declaration of Jafon L. Fearson) by Trudell Medical International (Attachments: # (1) Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1), # (2) Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2), # (3) Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3), # (4) Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162), # (5) Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Opposition To Monaghan Medical Corporations Motion To Dismiss For Lack Of Personal Jurisdiction And Improper Venue (D.I. 163), # (6) Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of Motion For Order Of Jurisdictional Discovery (D.I. 165)) (Hartzell, Samuel) |
| Jul 20, 2020 | 170 | Declaration (Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of M) (14) Docket Text: Declaration regarding [168] MOTION to Seal [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, , [169] Memorandum in Support, (Declaration of Jafon L. Fearson) by Trudell Medical International (Attachments: # (1) Exhibit A - Redacted Version of Exhibit 1 (D.I. 162-1), # (2) Exhibit B - Redacted Version of Exhibit 2 (D.I. 162-2), # (3) Exhibit C - Redacted Version of Exhibit 3 (D.I. 162-3), # (4) Exhibit D - Redacted Version of Declaration of Alan B. Felts (D.I. 162), # (5) Exhibit E - Redacted Version of D R Burton Healthcare, LLCs Response In Opposition To Monaghan Medical Corporations Motion To Dismiss For Lack Of Personal Jurisdiction And Improper Venue (D.I. 163), # (6) Exhibit F - Redacted Version of D R Burton Healthcare LLCs Brief In Support Of Motion For Order Of Jurisdictional Discovery (D.I. 165)) (Hartzell, Samuel) |
| Jul 15, 2020 | 167 | Appeal of Magistrate Judge Decision to District Court (10) Docket Text: APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by D R Burton Healthcare, LLC regarding [159] Order,, (Felts, Alan) |
| Jul 13, 2020 | 161 | Declaration (Main Document) (3) Docket Text: Declaration of Dennis L. Cook by D R Burton Healthcare, LLC (Attachments: # (1) Exhibit 1 - Website Capture of Monaghan Medical Corp., # (2) Exhibit 2 - Monaghan Territory Manager Profile) (Felts, Alan) |
| Jul 13, 2020 | 161 | Declaration (Exhibit 1 - Website Capture of Monaghan Medical Corp.) (5) Docket Text: Declaration of Dennis L. Cook by D R Burton Healthcare, LLC (Attachments: # (1) Exhibit 1 - Website Capture of Monaghan Medical Corp., # (2) Exhibit 2 - Monaghan Territory Manager Profile) (Felts, Alan) |
| Jul 13, 2020 | 161 | Declaration (Exhibit 2 - Monaghan Territory Manager Profile) (10) Docket Text: Declaration of Dennis L. Cook by D R Burton Healthcare, LLC (Attachments: # (1) Exhibit 1 - Website Capture of Monaghan Medical Corp., # (2) Exhibit 2 - Monaghan Territory Manager Profile) (Felts, Alan) |
| Jul 13, 2020 | 164 | Motion for Discovery (Main Document) (3) Docket Text: MOTION for Discovery (Jurisdictional) filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A - Proposed Jurisdictional Discovery Requests, # (2) Exhibit B - Proposed Jurisdictional 30(b)(6) Topics) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Jul 13, 2020 | 164 | Motion for Discovery (Exhibit A - Proposed Jurisdictional Discovery Requests) (9) Docket Text: MOTION for Discovery (Jurisdictional) filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A - Proposed Jurisdictional Discovery Requests, # (2) Exhibit B - Proposed Jurisdictional 30(b)(6) Topics) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Jul 13, 2020 | 164 | Motion for Discovery (Exhibit B - Proposed Jurisdictional 30(b)(6) Topics) (3) Docket Text: MOTION for Discovery (Jurisdictional) filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A - Proposed Jurisdictional Discovery Requests, # (2) Exhibit B - Proposed Jurisdictional 30(b)(6) Topics) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Jul 13, 2020 | 166 | Notice - other (3) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [165] PROPOSED SEALED Memorandum in Support, [163] PROPOSED SEALED Response, [162] PROPOSED SEALED Declaration,, (Notice to Trudell Medical International of Provisional Filing Under Seal). (Felts, Alan) |
| Jul 2, 2020 | 160 | Order on Motion for Extension of Time to File Response/Reply (1) Docket Text: ORDER granting [157] Motion for Extension of Time to File Response regarding [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue. Responses due by 7/13/2020. Signed by Magistrate Judge Kimberly A. Swank on 7/1/2020. (Rudd, D.) |
| Jul 1, 2020 | N/A | Remark (0) Docket Text: Remark - Received a telephone call to advise the court that no reply will be filed as to [157] motion for extension of time. (Rudd, D.) |
| Jul 1, 2020 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [157] MOTION for Extension of Time to File Response as to [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue. (Rudd, D.) |
| Jul 1, 2020 | 159 | Order (9) Docket Text: ORDER - Before the court is Defendant D R Burton Healthcare LLCs oral motion to compel production of documents relating to a patent lawsuit from the District of Delaware, Monaghan Med. Corp. v. Smiths Medical ASD, Inc., No. 1:17-CV-712 (D.Del), from Plaintiff Trudell Medical International made during a pretrial status conference. The court directed the parties to submit letter briefs in support of their respective positions, which they have done. Defendant's motion to compel Plaintiff to respond to Request No. 3 is DENIED. Signed by Magistrate Judge Kimberly A. Swank on 6/30/2020. (Rudd, D.) |
| Jun 29, 2020 | 158 | Response in Opposition to Motion (Main Document) (7) Docket Text: RESPONSE in Opposition regarding [157] MOTION for Extension of Time to File Response/Reply as to [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit 1 - April 24, 2020 Email Regarding Waiver of Service, # (2) Exhibit 2 - June 2020 Emails Regarding Extension of Time) (Waller, Madison) |
| Jun 29, 2020 | 158 | Response in Opposition to Motion (Exhibit 1 - April 24, 2020 Email Regarding Waiver of Service) (2) Docket Text: RESPONSE in Opposition regarding [157] MOTION for Extension of Time to File Response/Reply as to [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit 1 - April 24, 2020 Email Regarding Waiver of Service, # (2) Exhibit 2 - June 2020 Emails Regarding Extension of Time) (Waller, Madison) |
| Jun 29, 2020 | 158 | Response in Opposition to Motion (Exhibit 2 - June 2020 Emails Regarding Extension of Time) (4) Docket Text: RESPONSE in Opposition regarding [157] MOTION for Extension of Time to File Response/Reply as to [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Attachments: # (1) Exhibit 1 - April 24, 2020 Email Regarding Waiver of Service, # (2) Exhibit 2 - June 2020 Emails Regarding Extension of Time) (Waller, Madison) |
| Jun 26, 2020 | 157 | Motion for Extension of Time to File Response/Reply (Main Document) (4) Docket Text: MOTION for Extension of Time to File Response/Reply as to [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Jun 26, 2020 | 157 | Motion for Extension of Time to File Response/Reply (Text of Proposed Order Proposed Order) (1) Docket Text: MOTION for Extension of Time to File Response/Reply as to [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Jun 15, 2020 | 153 | Motion to Dismiss/Lack of Jurisdiction (Main Document) (3) Docket Text: MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Jun 15, 2020 | 153 | Motion to Dismiss/Lack of Jurisdiction (Text of Proposed Order) (2) Docket Text: MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Attachments: # (1) Text of Proposed Order) (Hartzell, Samuel) |
| Jun 15, 2020 | 154 | Memorandum in Support (17) Docket Text: Memorandum in Support regarding [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Monaghan Medical Corporation. (Hartzell, Samuel) |
| Jun 15, 2020 | 155 | Financial Disclosure Statement (3) Docket Text: Financial Disclosure Statement by Monaghan Medical Corporation identifying Corporate Parent Trudell Medical Limited, Corporate Parent BARAN HOLDINGS, INC. for Monaghan Medical Corporation. (Hartzell, Samuel) |
| Jun 15, 2020 | 156 | Response in Support of Motion (4) Docket Text: RESPONSE in Support regarding [153] MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Partial Joinder and Consent to Transfer Should the Court Order Transfer) filed by Trudell Medical International. (Hartzell, Samuel) |
| May 26, 2020 | 152 | Order on Motion to Compel (6) Docket Text: ORDER denying [105] Motion to Compel. Signed by Magistrate Judge Kimberly A. Swank on 5/26/2020. (Rudd, D.) |
| May 11, 2020 | 151 | Waiver of Service Executed (2) Docket Text: Waiver of Service Returned Executed filed by D R Burton Healthcare, LLC. Monaghan Medical Corporation waiver sent on 4/24/2020, answer due 6/23/2020. (Felts, Alan) |
| Apr 6, 2020 | 150 | Answer to Counterclaim (30) Docket Text: ANSWER to [94] Answer to Amended Complaint, Counterclaim by Trudell Medical International. (Hartzell, Samuel) |
| Mar 30, 2020 | 148 | Order on Motion for Joinder (4) Docket Text: ORDER granting [95] Motion for Joinder. Defendant's motion for leave to join Monaghan Medical Corporation as a permissive counterclaim defendant [DE #95] is GRANTED. The clerk is DIRECTED to issue the summons submitted by Defendant [DE #95-2]. Signed by Magistrate Judge Kimberly A. Swank on 3/30/2020. (Rudd, D.) |
| Mar 30, 2020 | 149 | Summons Issued (2) Docket Text: Summons Issued as to Monaghan Medical Corporation. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Mar 23, 2020 | 147 | Order on Motion to Dismiss for Failure to State a Claim (10) Docket Text: ORDER denying [98] Motion to Dismiss for Failure to State a Claim. Plaintiff's Motion to Dismiss D R Burton's Counterclaims Three, Four, and Five under Fed. R. Civ. P. 12(b)(6) and Fed. R. Civ. P. 8(a) [DE #98] is DENIED. Signed by Senior Judge Malcolm J. Howard on 3/23/2020. (Rudd, D.) |
| Mar 20, 2020 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [145] MOTION to Seal [143] PROPOSED SEALED Response. (Rudd, D.) |
| Mar 20, 2020 | 145 | Motion to Seal (Main Document) (4) Docket Text: MOTION to Seal [143] PROPOSED SEALED Response,, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Mar 20, 2020 | 145 | Motion to Seal (Text of Proposed Order) (2) Docket Text: MOTION to Seal [143] PROPOSED SEALED Response,, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Mar 20, 2020 | 146 | Memorandum in Support (6) Docket Text: Memorandum in Support regarding [145] MOTION to Seal [143] PROPOSED SEALED Response,, filed by D R Burton Healthcare, LLC. (Felts, Alan) |
| Mar 16, 2020 | N/A | Remark (0) Docket Text: Remark - Defendant and Plaintiff's brief [142] and [143] referred to US Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| Mar 13, 2020 | 144 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [143] PROPOSED SEALED Response,, Notice to D R Burton Healthcare LLC of Provisional Filing under Seal. (Hartzell, Samuel) |
| Feb 28, 2020 | 142 | Memorandum in Support (Main Document) (6) Docket Text: Memorandum in Support regarding [140] Status Conference, Discovery Dispute re: Document Production filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A-2018-12-30 DR Burton's First Set of Request for Production of Documents, # (2) Exhibit B-2019-1-29 Responses to DR Burton's First Set of Requests for Production of Documents, # (3) Exhibit C-Trudell Medical International's Deficient Responses, # (4) Exhibit D-Limestone v. Micron Technology - US District Court for California 15-0278-DOC) (Felts, Alan) |
| Feb 28, 2020 | 142 | Memorandum in Support (Exhibit A-2018-12-30 DR Burton's First Set of Request for Production of Doc) (6) Docket Text: Memorandum in Support regarding [140] Status Conference, Discovery Dispute re: Document Production filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A-2018-12-30 DR Burton's First Set of Request for Production of Documents, # (2) Exhibit B-2019-1-29 Responses to DR Burton's First Set of Requests for Production of Documents, # (3) Exhibit C-Trudell Medical International's Deficient Responses, # (4) Exhibit D-Limestone v. Micron Technology - US District Court for California 15-0278-DOC) (Felts, Alan) |
| Feb 28, 2020 | 142 | Memorandum in Support (Exhibit B-2019-1-29 Responses to DR Burton's First Set of Requests for Prod) (10) Docket Text: Memorandum in Support regarding [140] Status Conference, Discovery Dispute re: Document Production filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A-2018-12-30 DR Burton's First Set of Request for Production of Documents, # (2) Exhibit B-2019-1-29 Responses to DR Burton's First Set of Requests for Production of Documents, # (3) Exhibit C-Trudell Medical International's Deficient Responses, # (4) Exhibit D-Limestone v. Micron Technology - US District Court for California 15-0278-DOC) (Felts, Alan) |
| Feb 28, 2020 | 142 | Memorandum in Support (Exhibit C-Trudell Medical International's Deficient Responses) (3) Docket Text: Memorandum in Support regarding [140] Status Conference, Discovery Dispute re: Document Production filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A-2018-12-30 DR Burton's First Set of Request for Production of Documents, # (2) Exhibit B-2019-1-29 Responses to DR Burton's First Set of Requests for Production of Documents, # (3) Exhibit C-Trudell Medical International's Deficient Responses, # (4) Exhibit D-Limestone v. Micron Technology - US District Court for California 15-0278-DOC) (Felts, Alan) |
| Feb 28, 2020 | 142 | Memorandum in Support (Exhibit D-Limestone v. Micron Technology - US District Court for California 15-0) (15) Docket Text: Memorandum in Support regarding [140] Status Conference, Discovery Dispute re: Document Production filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A-2018-12-30 DR Burton's First Set of Request for Production of Documents, # (2) Exhibit B-2019-1-29 Responses to DR Burton's First Set of Requests for Production of Documents, # (3) Exhibit C-Trudell Medical International's Deficient Responses, # (4) Exhibit D-Limestone v. Micron Technology - US District Court for California 15-0278-DOC) (Felts, Alan) |
| Feb 17, 2020 | 141 | Notice of Appearance (1) Docket Text: Notice of Appearance filed by Albert P. Allan on behalf of D R Burton Healthcare, LLC. (Allan, Albert) |
| Feb 13, 2020 | 138 | Order on Motion to Seal (3) Docket Text: ORDER granting [126] Motion to Seal. the court GRANTS Defendants motion [DE #126] and ORDERS that the unredacted Declaration of William W. Durgin and its Exhibits 12-13, which were provisionally filed under seal on November 22, 2019, shall be SEALED. Signed by Magistrate Judge Kimberly A. Swank on 2/12/2020. (Rudd, D.) |
| Feb 13, 2020 | 139 | Order on Motion to Seal (3) Docket Text: ORDER granting [128] Motion to Seal. The court GRANTS Plaintiff's motion [DE #128] and ORDERS that Exhibits 1, 2, and 4 to Defendant D R Burton Healthcare, LLC's opening claim construction brief [DE ##124, 124-1, and 124-2], which were provisionally filed under seal on November 22, 2019, shall be SEALED. Signed by Magistrate Judge Kimberly A. Swank on 2/12/2020. (Rudd, D.) |
| Feb 7, 2020 | 137 | Set Deadlines/Hearings (1) Docket Text: Order Setting Hearing - Telephonic Status Conference set for 2/12/2020 at 11:00 AM in Telephonic before Magistrate Judge Kimberly A. Swank. The parties are directed to use the conference call instructions included in the sealed notice docketed December 4, 2018 [DE #49]. Signed by Magistrate Judge Kimberly A. Swank on 2/6/2020. (Rudd, D.) |
| Jan 30, 2020 | N/A | Remark (0) Docket Text: Remark - A copy of [136] unopposed notice referred to US Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| Jan 30, 2020 | 136 | Notice - other (4) Docket Text: Notice filed by Trudell Medical International Unopposed Request for Non-Final Pretrial Conference Date and Markman Hearing Date. (Morrow, John) |
| Dec 13, 2019 | 133 | Response (Main Document) (30) Docket Text: RESPONSE regarding [120] Opening Claim Construction Brief,,,, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Christopher C. Campbell, # (2) Exhibit 15 - Engelbreth Depn. Ex. 1, # (3) Exhibit 16 - Durbin Depn. Excerpts, # (4) Exhibit 17 - Collins Depn. Excerpts) (Campbell, Christoper) |
| Dec 13, 2019 | 133 | Response (Affidavit Christopher C. Campbell) (2) Docket Text: RESPONSE regarding [120] Opening Claim Construction Brief,,,, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Christopher C. Campbell, # (2) Exhibit 15 - Engelbreth Depn. Ex. 1, # (3) Exhibit 16 - Durbin Depn. Excerpts, # (4) Exhibit 17 - Collins Depn. Excerpts) (Campbell, Christoper) |
| Dec 13, 2019 | 133 | Response (Exhibit 15 - Engelbreth Depn. Ex. 1) (28) Docket Text: RESPONSE regarding [120] Opening Claim Construction Brief,,,, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Christopher C. Campbell, # (2) Exhibit 15 - Engelbreth Depn. Ex. 1, # (3) Exhibit 16 - Durbin Depn. Excerpts, # (4) Exhibit 17 - Collins Depn. Excerpts) (Campbell, Christoper) |
| Dec 13, 2019 | 133 | Response (Exhibit 16 - Durbin Depn. Excerpts) (4) Docket Text: RESPONSE regarding [120] Opening Claim Construction Brief,,,, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Christopher C. Campbell, # (2) Exhibit 15 - Engelbreth Depn. Ex. 1, # (3) Exhibit 16 - Durbin Depn. Excerpts, # (4) Exhibit 17 - Collins Depn. Excerpts) (Campbell, Christoper) |
| Dec 13, 2019 | 133 | Response (Exhibit 17 - Collins Depn. Excerpts) (4) Docket Text: RESPONSE regarding [120] Opening Claim Construction Brief,,,, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Affidavit Christopher C. Campbell, # (2) Exhibit 15 - Engelbreth Depn. Ex. 1, # (3) Exhibit 16 - Durbin Depn. Excerpts, # (4) Exhibit 17 - Collins Depn. Excerpts) (Campbell, Christoper) |
| Dec 13, 2019 | 134 | Responsive Claim Construction Brief (26) Docket Text: Responsive Claim Construction Brief by Trudell Medical International. (Hartzell, Samuel) |
| Dec 13, 2019 | 135 | Declaration (Main Document) (3) Docket Text: Declaration regarding [134] Responsive Claim Construction Brief by Trudell Medical International (Attachments: # (1) Exhibit 11 - Excerpts from the June 24, 2019, Deposition of Daniel Engelbreth, # (2) Exhibit 12 - Manual of Patent Examining Procedures, §2181 (Ninth Edition, 3d Rev.), # (3) Exhibit 13 - Excerpts from the October 30, 2019, Deposition of John M. Collins) (Hartzell, Samuel) |
| Dec 13, 2019 | 135 | Declaration (Exhibit 11 - Excerpts from the June 24, 2019, Deposition of Daniel Engelbreth) (7) Docket Text: Declaration regarding [134] Responsive Claim Construction Brief by Trudell Medical International (Attachments: # (1) Exhibit 11 - Excerpts from the June 24, 2019, Deposition of Daniel Engelbreth, # (2) Exhibit 12 - Manual of Patent Examining Procedures, §2181 (Ninth Edition, 3d Rev.), # (3) Exhibit 13 - Excerpts from the October 30, 2019, Deposition of John M. Collins) (Hartzell, Samuel) |
| Dec 13, 2019 | 135 | Declaration (Exhibit 12 - Manual of Patent Examining Procedures, §2181 (Ninth Edition, 3) (26) Docket Text: Declaration regarding [134] Responsive Claim Construction Brief by Trudell Medical International (Attachments: # (1) Exhibit 11 - Excerpts from the June 24, 2019, Deposition of Daniel Engelbreth, # (2) Exhibit 12 - Manual of Patent Examining Procedures, §2181 (Ninth Edition, 3d Rev.), # (3) Exhibit 13 - Excerpts from the October 30, 2019, Deposition of John M. Collins) (Hartzell, Samuel) |
| Dec 13, 2019 | 135 | Declaration (Exhibit 13 - Excerpts from the October 30, 2019, Deposition of John M. Collins) (7) Docket Text: Declaration regarding [134] Responsive Claim Construction Brief by Trudell Medical International (Attachments: # (1) Exhibit 11 - Excerpts from the June 24, 2019, Deposition of Daniel Engelbreth, # (2) Exhibit 12 - Manual of Patent Examining Procedures, §2181 (Ninth Edition, 3d Rev.), # (3) Exhibit 13 - Excerpts from the October 30, 2019, Deposition of John M. Collins) (Hartzell, Samuel) |
| Dec 4, 2019 | N/A | Motion Referred (0) Docket Text: Motions Referred to US Magistrate Judge Kimberly A. Swank regarding [126] MOTION to Seal [122] Notice - other, [121] PROPOSED SEALED Exhibit, [128] MOTION to Seal [124] PROPOSED SEALED Exhibit. (Rudd, D.) |
| Dec 4, 2019 | 131 | Response in Opposition to Motion (14) Docket Text: RESPONSE in Opposition regarding [118] MOTION to Consolidate Cases filed by Trudell Medical International. (Hartzell, Samuel) |
| Dec 4, 2019 | 132 | Declaration (Main Document) (2) Docket Text: Declaration regarding [131] Response in Opposition to Motion by Trudell Medical International (Attachments: # (1) Exhibit 1 - Federal Circuit Med Disp Time (FY18), # (2) Exhibit 2 - D R Burton Distribution Partners) (Hartzell, Samuel) |
| Dec 4, 2019 | 132 | Declaration (Exhibit 1 - Federal Circuit Med Disp Time (FY18)) (2) Docket Text: Declaration regarding [131] Response in Opposition to Motion by Trudell Medical International (Attachments: # (1) Exhibit 1 - Federal Circuit Med Disp Time (FY18), # (2) Exhibit 2 - D R Burton Distribution Partners) (Hartzell, Samuel) |
| Dec 4, 2019 | 132 | Declaration (Exhibit 2 - D R Burton Distribution Partners) (9) Docket Text: Declaration regarding [131] Response in Opposition to Motion by Trudell Medical International (Attachments: # (1) Exhibit 1 - Federal Circuit Med Disp Time (FY18), # (2) Exhibit 2 - D R Burton Distribution Partners) (Hartzell, Samuel) |
| Nov 29, 2019 | 128 | Motion to Seal (Main Document) (3) Docket Text: MOTION to Seal [124] PROPOSED SEALED Exhibit, filed by Trudell Medical International. (Attachments: # (1) Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Nov 29, 2019 | 128 | Motion to Seal (Proposed Order) (1) Docket Text: MOTION to Seal [124] PROPOSED SEALED Exhibit, filed by Trudell Medical International. (Attachments: # (1) Proposed Order) Motions referred to Kimberly A. Swank. (Hartzell, Samuel) |
| Nov 29, 2019 | 129 | Memorandum in Support (6) Docket Text: Memorandum in Support regarding [128] MOTION to Seal [124] PROPOSED SEALED Exhibit, filed by Trudell Medical International. (Hartzell, Samuel) |
| Nov 29, 2019 | 130 | Declaration (Main Document) (2) Docket Text: Declaration regarding [128] MOTION to Seal [124] PROPOSED SEALED Exhibit, by Trudell Medical International (Attachments: # (1) Exhibit A - Email from Lindner to Felts (July 25, 2019), # (2) Exhibit B - Email from Felts to Lindner (Aug. 12, 2019), # (3) Exhibit C - Redacted Version of D.I. 124-2) (Hartzell, Samuel) |
| Nov 29, 2019 | 130 | Declaration (Exhibit A - Email from Lindner to Felts (July 25, 2019)) (9) Docket Text: Declaration regarding [128] MOTION to Seal [124] PROPOSED SEALED Exhibit, by Trudell Medical International (Attachments: # (1) Exhibit A - Email from Lindner to Felts (July 25, 2019), # (2) Exhibit B - Email from Felts to Lindner (Aug. 12, 2019), # (3) Exhibit C - Redacted Version of D.I. 124-2) (Hartzell, Samuel) |
| Nov 29, 2019 | 130 | Declaration (Exhibit B - Email from Felts to Lindner (Aug. 12, 2019)) (3) Docket Text: Declaration regarding [128] MOTION to Seal [124] PROPOSED SEALED Exhibit, by Trudell Medical International (Attachments: # (1) Exhibit A - Email from Lindner to Felts (July 25, 2019), # (2) Exhibit B - Email from Felts to Lindner (Aug. 12, 2019), # (3) Exhibit C - Redacted Version of D.I. 124-2) (Hartzell, Samuel) |
| Nov 29, 2019 | 130 | Declaration (Exhibit C - Redacted Version of D.I. 124-2) (12) Docket Text: Declaration regarding [128] MOTION to Seal [124] PROPOSED SEALED Exhibit, by Trudell Medical International (Attachments: # (1) Exhibit A - Email from Lindner to Felts (July 25, 2019), # (2) Exhibit B - Email from Felts to Lindner (Aug. 12, 2019), # (3) Exhibit C - Redacted Version of D.I. 124-2) (Hartzell, Samuel) |
| Nov 27, 2019 | 126 | Motion to Seal (Main Document) (4) Docket Text: MOTION to Seal [122] Notice - other, [121] PROPOSED SEALED Exhibit, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Exhibit A) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Nov 27, 2019 | 126 | Motion to Seal (Text of Proposed Order Exhibit A) (2) Docket Text: MOTION to Seal [122] Notice - other, [121] PROPOSED SEALED Exhibit, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Exhibit A) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Nov 27, 2019 | 127 | Memorandum in Support (7) Docket Text: Memorandum in Support regarding [126] MOTION to Seal [122] Notice - other, [121] PROPOSED SEALED Exhibit, filed by D R Burton Healthcare, LLC. (Felts, Alan) |
| Nov 25, 2019 | N/A | Remark (0) Docket Text: Remark - Counsel is reminded that per Judge Howard's preferences, please send any filings over 100 pages in length in hard copy in a three ring binder to the Clerk's Office in Greenville. This pertains to filings at [DE #120, 121, 123 and 124]. For any questions, call Donna Rudd at (252) 830-6009. (Rudd, D.) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Main Document) (30) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit Index of Exhibits) (1) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 1-U.S. Patent No. 9,808,588) (29) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Ter) (30) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 2-Part 2 of 4 (Exs. 1-11)) (30) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13)) (3) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 2-Part 4 of 4 (Ex. 14)) (30) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLC) (30) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins) (18) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC) (2) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-) (11) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 7-Exemplary Illustrations of Restricted Air Flow) (2) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment) (2) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute) (7) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 120 | Opening Claim Construction Brief (Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Interna) (4) Docket Text: Opening Claim Construction Brief by Trudell Medical International. (Attachments: # (1) Exhibit Index of Exhibits, # (2) Exhibit 1-U.S. Patent No. 9,808,588, # (3) Exhibit 2-Part 1 of 4 [REDACTED] Durgin Decl ISO Proposed Claim Construction Terms, # (4) Exhibit 2-Part 2 of 4 (Exs. 1-11), # (5) Exhibit 2- Part 3 of 4 [PUBLIC VERSION] (Exs. 12-13), # (6) Exhibit 2-Part 4 of 4 (Ex. 14), # (7) Exhibit 3-Declaration of John M. Collins In Support of D R Burton Healthcare LLCs Opening Claim Construction Brief, dated August 15, 2019, # (8) Exhibit 4-Excerpts from the October 30, 2019, Deposition of John M. Collins, # (9) Exhibit 5-Images of Accused Products - vPEP, PocketPEP, iPEP, and vPEP-HC, # (10) Exhibit 6-Applied Med. Res. Corp. v. Tyco Healthcare Group LP, Case No. SACV 11-01406-JVS (C.D. Cal. Nov. 17, 2014), # (11) Exhibit 7-Exemplary Illustrations of Restricted Air Flow, # (12) Exhibit 8-Exemplary Illustrations Reflecting Translation of the Blocking Segment as Viewed Through the Opening, # (13) Exhibit 9-Text of Asserted Claims Identifying the Claim Terms in Dispute, # (14) Exhibit 10-Declaration of David P. Lindner in Support of Trudell Medical Internationals Opening Claim Construction Brief) (Hartzell, Samuel) |
| Nov 22, 2019 | 122 | Notice - other (3) Docket Text: Notice filed by Trudell Medical International regarding [121] PROPOSED SEALED Exhibit, Notice to D R Burton Healthcare LLC of Provisional Filing Under Seal. (Hartzell, Samuel) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Main Document) (30) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Declaration of Christopher C. Campbell) (3) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 1- UNDER SEAL) (1) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 2 - UNDER SEAL) (1) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 3) (30) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 4 - UNDER SEAL) (1) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 5) (2) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 6) (11) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 7) (30) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 8) (19) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 9) (30) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 10) (30) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 11) (7) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 12) (8) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 13) (30) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 123 | Opening Claim Construction Brief (Exhibit 14) (27) Docket Text: Opening Claim Construction Brief by D R Burton Healthcare, LLC. (Attachments: # (1) Declaration of Christopher C. Campbell, # (2) Exhibit 1- UNDER SEAL, # (3) Exhibit 2 - UNDER SEAL, # (4) Exhibit 3, # (5) Exhibit 4 - UNDER SEAL, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14) (Campbell, Christoper) |
| Nov 22, 2019 | 125 | Notice - other (3) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [124] PROPOSED SEALED Exhibit, Notice to Trudell Medical of Provisional Filing Under Seal. (Campbell, Christoper) |
| Nov 13, 2019 | 118 | Motion to Consolidate Cases (Main Document) (3) Docket Text: MOTION to Consolidate Cases filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Nov 13, 2019 | 118 | Motion to Consolidate Cases (Text of Proposed Order) (2) Docket Text: MOTION to Consolidate Cases filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Nov 13, 2019 | 119 | Memorandum in Support (11) Docket Text: Memorandum in Support regarding [118] MOTION to Consolidate Cases filed by D R Burton Healthcare, LLC. (Felts, Alan) |
| Nov 12, 2019 | 116 | Order on Motion to Amend/Correct (1) Docket Text: ORDER granting [114] Motion to Amend. Opening Claim Construction Briefs due by November 22, 2019 and Responsive Claim Construction Briefs due by December 13, 2019. Counsel should read the order in its entirety for pertinent information. Signed by Magistrate Judge Kimberly A. Swank on 11/9/2019. (Rudd, D.) |
| Nov 12, 2019 | 117 | Notice of Appearance (1) Docket Text: Notice of Appearance filed by Madison B. Waller on behalf of Trudell Medical International. (Waller, Madison) |
| Nov 11, 2019 | 115 | Notice of Appearance (1) Docket Text: Notice of Appearance filed by Samuel B. Hartzell on behalf of Trudell Medical International. (Hartzell, Samuel) |
| Nov 6, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [114] Joint MOTION to Amend [113] Order on Motion to Amend Claim Construction Scheduling Order. (Rudd, D.) |
| Nov 5, 2019 | 114 | Motion to Amend/Correct (Main Document) (4) Docket Text: Joint MOTION to Amend/Correct [113] Order on Motion to Amend/Correct Claim Construction Scheduling Order filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Nov 5, 2019 | 114 | Motion to Amend/Correct (Text of Proposed Order) (1) Docket Text: Joint MOTION to Amend/Correct [113] Order on Motion to Amend/Correct Claim Construction Scheduling Order filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Oct 30, 2019 | 112 | Order (3) Docket Text: ORDER - A non-final pretrial conference was held in this matter on May 29, 2019, at which the court heard arguments on Defendant's motion to amend its invalidity contentions and to address various other matters, including the parties dispute concerning the number of proposed claim construction terms and case deadlines. Counsel should read the order in its entirety for pertinent information. Signed by Magistrate Judge Kimberly A. Swank on 10/30/2019, for May 29, 2019. (Rudd, D.) |
| Oct 30, 2019 | 113 | Order on Motion to Amend/Correct (2) Docket Text: AMENDED CASE MANAGEMENT ORDER granting [107] Motion to Amend Scheduling Order. Counsel should read the order in its entirety for critical information and deadlines. Signed by Magistrate Judge Kimberly A. Swank on 10/30/2019. (Rudd, D.) |
| Sep 18, 2019 | N/A | Remark (0) Docket Text: Remark - A copy of [109] plaintiff's reply referred to Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| Sep 18, 2019 | 110 | Notice of Related Case (2) Docket Text: Notice of Related Case filed by Trudell Medical International . (Morrow, John) |
| Sep 17, 2019 | 109 | Reply to Response to Motion (11) Docket Text: REPLY to Response to Motion regarding [105] MOTION to Compel Amended Invalidity Contentions filed by Trudell Medical International. (Morrow, John) |
| Sep 12, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [105] MOTION to Compel Amended Invalidity Contentions. (Rudd, D.) |
| Sep 10, 2019 | 108 | Response in Opposition to Motion (Main Document) (14) Docket Text: RESPONSE in Opposition regarding [105] MOTION to Compel Amended Invalidity Contentions filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A - Email from Lindner re Meet and Confer) (Felts, Alan) |
| Sep 10, 2019 | 108 | Response in Opposition to Motion (Exhibit A - Email from Lindner re Meet and Confer) (3) Docket Text: RESPONSE in Opposition regarding [105] MOTION to Compel Amended Invalidity Contentions filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A - Email from Lindner re Meet and Confer) (Felts, Alan) |
| Aug 26, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [107] Joint MOTION to Amend [55] Claim Construction Scheduling Order. (Rudd, D.) |
| Aug 26, 2019 | 107 | Motion to Amend/Correct (Main Document) (4) Docket Text: Joint MOTION to Amend/Correct [55] Scheduling Order filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Aug 26, 2019 | 107 | Motion to Amend/Correct (Text of Proposed Order) (2) Docket Text: Joint MOTION to Amend/Correct [55] Scheduling Order filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Aug 20, 2019 | 105 | Motion to Compel (Main Document) (2) Docket Text: MOTION to Compel Amended Invalidity Contentions filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Aug 20, 2019 | 105 | Motion to Compel (Text of Proposed Order) (1) Docket Text: MOTION to Compel Amended Invalidity Contentions filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Aug 20, 2019 | 106 | Memorandum in Support (Main Document) (18) Docket Text: Memorandum in Support regarding [105] MOTION to Compel Amended Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of David P. Lindner, # (2) Exhibit 1 - D R Burton's Amended Invalidity Contentions, # (3) Exhibit 2 - 06/04/2019 Email, # (4) Exhibit 3 - 06/06/2019 Email) (Boaz, David) |
| Aug 20, 2019 | 106 | Memorandum in Support (Affidavit Declaration of David P. Lindner) (2) Docket Text: Memorandum in Support regarding [105] MOTION to Compel Amended Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of David P. Lindner, # (2) Exhibit 1 - D R Burton's Amended Invalidity Contentions, # (3) Exhibit 2 - 06/04/2019 Email, # (4) Exhibit 3 - 06/06/2019 Email) (Boaz, David) |
| Aug 20, 2019 | 106 | Memorandum in Support (Exhibit 1 - D R Burton's Amended Invalidity Contentions) (30) Docket Text: Memorandum in Support regarding [105] MOTION to Compel Amended Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of David P. Lindner, # (2) Exhibit 1 - D R Burton's Amended Invalidity Contentions, # (3) Exhibit 2 - 06/04/2019 Email, # (4) Exhibit 3 - 06/06/2019 Email) (Boaz, David) |
| Aug 20, 2019 | 106 | Memorandum in Support (Exhibit 2 - 06/04/2019 Email) (3) Docket Text: Memorandum in Support regarding [105] MOTION to Compel Amended Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of David P. Lindner, # (2) Exhibit 1 - D R Burton's Amended Invalidity Contentions, # (3) Exhibit 2 - 06/04/2019 Email, # (4) Exhibit 3 - 06/06/2019 Email) (Boaz, David) |
| Aug 20, 2019 | 106 | Memorandum in Support (Exhibit 3 - 06/06/2019 Email) (3) Docket Text: Memorandum in Support regarding [105] MOTION to Compel Amended Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Affidavit Declaration of David P. Lindner, # (2) Exhibit 1 - D R Burton's Amended Invalidity Contentions, # (3) Exhibit 2 - 06/04/2019 Email, # (4) Exhibit 3 - 06/06/2019 Email) (Boaz, David) |
| Jul 22, 2019 | N/A | Motion No Longer Submitted (0) Docket Text: Motion No Longer Submitted to Senior Judge Malcolm J. Howard: regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5. (Rudd, D.) |
| Jul 22, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5. (Rudd, D.) |
| Jul 18, 2019 | N/A | Motion Submitted (0) Docket Text: Motion Submitted to Senior Judge Malcolm J. Howard regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5. (Rudd, D.) |
| Jul 11, 2019 | 104 | Reply to Response to Motion (6) Docket Text: REPLY to Response to Motion regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by Trudell Medical International. (Morrow, John) |
| Jun 28, 2019 | N/A | Notice to Counsel (0) Docket Text: Notice to Counsel regarding: [103] Response in Opposition to Motion. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. (i.e. "Exhibit 1" is not a sufficient description). No further action is needed at this time. (Rudd, D.) |
| Jun 28, 2019 | N/A | Notice to Counsel (0) Docket Text: Notice to Counsel regarding: [103] Response in Opposition to Motion. Per Judge Howard's preferences, please send any filings over 100 pages in length in hard copy in a three ring binder to the Clerk's Office in Greenville. For any questions, call Donna Rudd at (252) 830-6009. (Rudd, D.) |
| Jun 27, 2019 | 102 | Reply to Response to Motion (10) Docket Text: REPLY to Response to Motion regarding [95] MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation filed by D R Burton Healthcare, LLC. (Felts, Alan) |
| Jun 27, 2019 | 103 | Response in Opposition to Motion (Main Document) (13) Docket Text: RESPONSE in Opposition regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1- Verified Complaint from Wake County Superior Court, # (2) Exhibit 2- Copy of Complaint from 4:16-CV-266-BO, # (3) Exhibit 3- A copy of 5:19-CV-234-BO, # (4) Exhibit 4- A copy of 17CVS878 from Franklin County Superior Court) (Felts, Alan) Modified on 6/28/2019 to describe exhibits. (Rudd, D.) |
| Jun 27, 2019 | 103 | Response in Opposition to Motion (Exhibit 1) (21) Docket Text: RESPONSE in Opposition regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1- Verified Complaint from Wake County Superior Court, # (2) Exhibit 2- Copy of Complaint from 4:16-CV-266-BO, # (3) Exhibit 3- A copy of 5:19-CV-234-BO, # (4) Exhibit 4- A copy of 17CVS878 from Franklin County Superior Court) (Felts, Alan) Modified on 6/28/2019 to describe exhibits. (Rudd, D.) |
| Jun 27, 2019 | 103 | Response in Opposition to Motion (Exhibit 2) (30) Docket Text: RESPONSE in Opposition regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1- Verified Complaint from Wake County Superior Court, # (2) Exhibit 2- Copy of Complaint from 4:16-CV-266-BO, # (3) Exhibit 3- A copy of 5:19-CV-234-BO, # (4) Exhibit 4- A copy of 17CVS878 from Franklin County Superior Court) (Felts, Alan) Modified on 6/28/2019 to describe exhibits. (Rudd, D.) |
| Jun 27, 2019 | 103 | Response in Opposition to Motion (Exhibit 3) (20) Docket Text: RESPONSE in Opposition regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1- Verified Complaint from Wake County Superior Court, # (2) Exhibit 2- Copy of Complaint from 4:16-CV-266-BO, # (3) Exhibit 3- A copy of 5:19-CV-234-BO, # (4) Exhibit 4- A copy of 17CVS878 from Franklin County Superior Court) (Felts, Alan) Modified on 6/28/2019 to describe exhibits. (Rudd, D.) |
| Jun 27, 2019 | 103 | Response in Opposition to Motion (Exhibit 4) (30) Docket Text: RESPONSE in Opposition regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1- Verified Complaint from Wake County Superior Court, # (2) Exhibit 2- Copy of Complaint from 4:16-CV-266-BO, # (3) Exhibit 3- A copy of 5:19-CV-234-BO, # (4) Exhibit 4- A copy of 17CVS878 from Franklin County Superior Court) (Felts, Alan) Modified on 6/28/2019 to describe exhibits. (Rudd, D.) |
| Jun 25, 2019 | 101 | Notice of Special Appearance (2) Docket Text: Notice of Special Appearance for non-district by Brian Eutermoser on behalf of D R Burton Healthcare, LLC. (Eutermoser, Brian) |
| Jun 13, 2019 | 98 | Motion to Dismiss for Failure to State a Claim (Main Document) (2) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Boaz, David) |
| Jun 13, 2019 | 98 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) (Boaz, David) |
| Jun 13, 2019 | 99 | Memorandum in Support (12) Docket Text: Memorandum in Support regarding [98] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendant's Counterclaims 3-5 by Trudell Medical International. (Boaz, David) |
| Jun 13, 2019 | 100 | Memorandum in Opposition (Main Document) (14) Docket Text: Memorandum in Opposition regarding [95] MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Precision Biosciences v. Cellectis S.A., # (2) Text of Proposed Order) (Boaz, David) |
| Jun 13, 2019 | 100 | Memorandum in Opposition (Exhibit 1 - Precision Biosciences v. Cellectis S.A.) (18) Docket Text: Memorandum in Opposition regarding [95] MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Precision Biosciences v. Cellectis S.A., # (2) Text of Proposed Order) (Boaz, David) |
| Jun 13, 2019 | 100 | Memorandum in Opposition (Text of Proposed Order) (1) Docket Text: Memorandum in Opposition regarding [95] MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Precision Biosciences v. Cellectis S.A., # (2) Text of Proposed Order) (Boaz, David) |
| May 29, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [95] MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation. (Rudd, D.) |
| May 24, 2019 | 96 | Memorandum in Opposition (Main Document) (14) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 24, 2019 | 96 | Memorandum in Opposition (Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement) (21) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 24, 2019 | 96 | Memorandum in Opposition (Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-c) (12) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 24, 2019 | 96 | Memorandum in Opposition (Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. B) (6) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 24, 2019 | 96 | Memorandum in Opposition (Exhibit 4 - 04/08/2019 Email Chain) (4) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 24, 2019 | 96 | Memorandum in Opposition (Exhibit 5 - 04/12/2019 Cover Email and Letter) (5) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 24, 2019 | 96 | Memorandum in Opposition (Exhibit 6 - 04/14/2019 Email Chain) (3) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 24, 2019 | 96 | Memorandum in Opposition (Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (3) Docket Text: Memorandum in Opposition regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions by Trudell Medical International. (Attachments: # (1) Exhibit 1 - March 8, 2018 D R Burton Information Disclosure Statement, # (2) Exhibit 2 - Memorandum, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (3) Exhibit 3 - Supplemental Invalidity Contentions, filed in Sociedad Espanola v. Blue Ridge X-Ray, No. 10-cv-159, # (4) Exhibit 4 - 04/08/2019 Email Chain, # (5) Exhibit 5 - 04/12/2019 Cover Email and Letter, # (6) Exhibit 6 - 04/14/2019 Email Chain, # (7) Exhibit 7 - Excerpts of 01/30/2019 Telephone Conference Transcript) (Boaz, David) |
| May 23, 2019 | 94 | Answer to Amended Complaint (30) Docket Text: ANSWER to [88] Amended Complaint , COUNTERCLAIM against Trudell Medical International, Monaghan Medical Corporation by D R Burton Healthcare, LLC. (Felts, Alan) |
| May 23, 2019 | 95 | Motion for Joinder (Main Document) (3) Docket Text: MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order, # (2) Proposed Summons) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| May 23, 2019 | 95 | Motion for Joinder (Text of Proposed Order) (1) Docket Text: MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order, # (2) Proposed Summons) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| May 23, 2019 | 95 | Motion for Joinder (Proposed Summons) (2) Docket Text: MOTION for Joinder of Permissive Counterclaim Defendant Monaghan Medical Corporation filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order, # (2) Proposed Summons) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| May 17, 2019 | 92 | Motion to Amend/Correct (Main Document) (3) Docket Text: MOTION to Amend/Correct Preliminary Invalidity Contentions filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| May 17, 2019 | 92 | Motion to Amend/Correct (Exhibit A) (30) Docket Text: MOTION to Amend/Correct Preliminary Invalidity Contentions filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| May 17, 2019 | 92 | Motion to Amend/Correct (Exhibit B) (30) Docket Text: MOTION to Amend/Correct Preliminary Invalidity Contentions filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| May 17, 2019 | 93 | Memorandum in Support (12) Docket Text: Memorandum in Support regarding [92] MOTION to Amend/Correct Preliminary Invalidity Contentions filed by D R Burton Healthcare, LLC. (Felts, Alan) |
| May 15, 2019 | N/A | Remark (0) Docket Text: Remark - A copy of [90] joint status report referred to US Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| May 14, 2019 | 90 | Status Report (Main Document) (7) Docket Text: STATUS REPORT Regarding Discovery Conference (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Preliminary Invalidity Contentions) (Boaz, David) |
| May 14, 2019 | 90 | Status Report (Exhibit 1 - D R Burton's Preliminary Invalidity Contentions) (30) Docket Text: STATUS REPORT Regarding Discovery Conference (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Preliminary Invalidity Contentions) (Boaz, David) |
| May 10, 2019 | 89 | Joint Claim Construction Statement (Main Document) (9) Docket Text: Joint Claim Construction Statement by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Constructions for Disputed Terms, # (2) Exhibit B - Trudell's Proposed Constructions and Supporting Evidence, # (3) Exhibit C - D R Burton's Proposed Constructions and Supporting Evidence) (Boaz, David) |
| May 10, 2019 | 89 | Joint Claim Construction Statement (Exhibit A - Proposed Constructions for Disputed Terms) (13) Docket Text: Joint Claim Construction Statement by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Constructions for Disputed Terms, # (2) Exhibit B - Trudell's Proposed Constructions and Supporting Evidence, # (3) Exhibit C - D R Burton's Proposed Constructions and Supporting Evidence) (Boaz, David) |
| May 10, 2019 | 89 | Joint Claim Construction Statement (Exhibit B - Trudell's Proposed Constructions and Supporting Evidence) (30) Docket Text: Joint Claim Construction Statement by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Constructions for Disputed Terms, # (2) Exhibit B - Trudell's Proposed Constructions and Supporting Evidence, # (3) Exhibit C - D R Burton's Proposed Constructions and Supporting Evidence) (Boaz, David) |
| May 10, 2019 | 89 | Joint Claim Construction Statement (Exhibit C - D R Burton's Proposed Constructions and Supporting Evidence) (30) Docket Text: Joint Claim Construction Statement by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Constructions for Disputed Terms, # (2) Exhibit B - Trudell's Proposed Constructions and Supporting Evidence, # (3) Exhibit C - D R Burton's Proposed Constructions and Supporting Evidence) (Boaz, David) |
| May 9, 2019 | 88 | Amended Complaint (26) Docket Text: AMENDED COMPLAINT [Second] for Patent Infringement against D R Burton Healthcare, LLC, filed by Trudell Medical International. (Morrow, John) |
| May 8, 2019 | 84 | Order on Motion to Amend/Correct (1) Docket Text: ORDER granting [75] Motion for Leave to File Second Amended Complaint. Plaintiff may file a Second Amended Complaint in the form set forth in Exhibit A to Plaintiffs motion within ten (10) days of the date of this order. Plaintiff's request for an award of attorneys' fees incurred in connection with its motion is DENIED. Signed by Magistrate Judge Kimberly A. Swank on 5/8/2019. (Rudd, D.) |
| May 8, 2019 | 85 | Order (2) Docket Text: ORDER - A non-final pretrial conference was held in this matter on March 13, 2019, at which the court heard arguments on various discovery disputes that have arisen in the case. 1) Within fourteen (14) days, Defendant shall review the files of Tuggle Duggins P.A. and supplement its responses to Trudells requests for documents regarding the conception, design, and development of the accused products. 2) Within fourteen (14) days, Trudell shall confirm and supplement its response to Defendants Interrogatory #5. 3) Plaintiff shall submit for in camera review a copy of the settlement agreement reached in the patent infringement lawsuit of Monaghan Medical Corp. v. Smiths Medical ASD, Inc., No. 1:17-cv-00712-LPS (D. Del.). 4) Defendants request for an extension of the discovery period and other case management deadlines will be addressed by separate order. Signed by Magistrate Judge Kimberly A. Swank on 5/8/2019. (Rudd, D.) |
| May 8, 2019 | 86 | Set Deadlines/Hearings (2) Docket Text: Order Setting Hearing - Discovery Conference set for 5/16/2019 at 1:00 PM in Telephonic before Magistrate Judge Kimberly A. Swank. Counsel should read the order in its entirety for critical information and deadlines. Signed by Magistrate Judge Kimberly A. Swank on 5/8/2019. (Rudd, D.) |
| Apr 17, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [83] Joint MOTION for Discovery Conference. (Rudd, D.) |
| Apr 17, 2019 | 83 | Motion for Discovery (Main Document) (4) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 04/12/2019 Letter, # (2) Exhibit B - Trudell's Proposed Terms and Claim Elements for Construction, # (3) Exhibit C - 04/14/2019 Email String, # (4) Exhibit D - D R Burton's Terms for Construction, # (5) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Apr 17, 2019 | 83 | Motion for Discovery (Exhibit A - 04/12/2019 Letter) (4) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 04/12/2019 Letter, # (2) Exhibit B - Trudell's Proposed Terms and Claim Elements for Construction, # (3) Exhibit C - 04/14/2019 Email String, # (4) Exhibit D - D R Burton's Terms for Construction, # (5) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Apr 17, 2019 | 83 | Motion for Discovery (Exhibit B - Trudell's Proposed Terms and Claim Elements for Construction) (4) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 04/12/2019 Letter, # (2) Exhibit B - Trudell's Proposed Terms and Claim Elements for Construction, # (3) Exhibit C - 04/14/2019 Email String, # (4) Exhibit D - D R Burton's Terms for Construction, # (5) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Apr 17, 2019 | 83 | Motion for Discovery (Exhibit C - 04/14/2019 Email String) (3) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 04/12/2019 Letter, # (2) Exhibit B - Trudell's Proposed Terms and Claim Elements for Construction, # (3) Exhibit C - 04/14/2019 Email String, # (4) Exhibit D - D R Burton's Terms for Construction, # (5) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Apr 17, 2019 | 83 | Motion for Discovery (Exhibit D - D R Burton's Terms for Construction) (4) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 04/12/2019 Letter, # (2) Exhibit B - Trudell's Proposed Terms and Claim Elements for Construction, # (3) Exhibit C - 04/14/2019 Email String, # (4) Exhibit D - D R Burton's Terms for Construction, # (5) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Apr 17, 2019 | 83 | Motion for Discovery (Text of Proposed Order) (1) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 04/12/2019 Letter, # (2) Exhibit B - Trudell's Proposed Terms and Claim Elements for Construction, # (3) Exhibit C - 04/14/2019 Email String, # (4) Exhibit D - D R Burton's Terms for Construction, # (5) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Mar 20, 2019 | 82 | Notice - other (2) Docket Text: Notice filed by Trudell Medical International (submission of document for in camera review). (Boaz, David) |
| Mar 14, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [75] MOTION to Amend/Correct [34] Amended Complaint. (Lee, L.) |
| Mar 13, 2019 | N/A | Motion to Amend/Correct (0) Docket Text: ORAL MOTION to Amend Case Management Order Deadlines [55] by D R Burton Healthcare, LLC. (Foell, S.) |
| Mar 12, 2019 | 79 | Response to Motion (5) Docket Text: RESPONSE to Motion regarding [75] MOTION to Amend/Correct [34] Amended Complaint filed by D R Burton Healthcare, LLC. (Felts, Alan) |
| Mar 11, 2019 | N/A | Remark (0) Docket Text: Remark - Copy of DE [78] Joint Status Report referred to Magistrate Judge Kimberly A. Swank. (Lee, L.) |
| Mar 8, 2019 | 78 | Status Report (Main Document) (18) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs) (30) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 2 - D R Burton's Initial Disclosures) (5) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs) (25) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 4 - Trudell's First Interr. to D R Burton) (7) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 5 - March 4, 2019 Email) (4) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs) (10) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 7 - February 15, 2019 Ltr.) (3) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 8 - February 15, 2019 Email Chain) (5) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 8, 2019 | 78 | Status Report (Exhibit 9 - February 8, 2019 Ltr.) (3) Docket Text: STATUS REPORT (Joint) by Trudell Medical International (Attachments: # (1) Exhibit 1 - D R Burton's Suppl. Resp. to Trudell's First RFPs, # (2) Exhibit 2 - D R Burton's Initial Disclosures, # (3) Exhibit 3 - D R Burton's Resp. to Trudell's Second RFPs, # (4) Exhibit 4 - Trudell's First Interr. to D R Burton, # (5) Exhibit 5 - March 4, 2019 Email, # (6) Exhibit 6 - Trudell's Resp. to D R Burton's First RFPs, # (7) Exhibit 7 - February 15, 2019 Ltr., # (8) Exhibit 8 - February 15, 2019 Email Chain, # (9) Exhibit 9 - February 8, 2019 Ltr.) (Boaz, David) |
| Mar 1, 2019 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE of Filing of Official Transcript [77] Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Foell, S.) |
| Mar 1, 2019 | 77 | Transcript (47) Docket Text: OFFICIAL TRANSCRIPT of Proceedings held on 1/30/2019, Teleconference, before Magistrate Judge Kimberly A. Swank. Court Transcriber: eScribers, Telephone number 973-406-2250. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 3/25/2019. Redacted Transcript Deadline set for 4/4/2019. Release of Transcript Restriction set for 6/2/2019. (Foell, S.) |
| Feb 19, 2019 | 75 | Motion to Amend/Correct (Main Document) (2) Docket Text: MOTION to Amend/Correct [34] Amended Complaint filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Second Amended Complaint (clean), # (2) Exhibit B - Proposed Second Amended Complaint (redline), # (3) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Feb 19, 2019 | 75 | Motion to Amend/Correct (Exhibit A - Proposed Second Amended Complaint (clean)) (26) Docket Text: MOTION to Amend/Correct [34] Amended Complaint filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Second Amended Complaint (clean), # (2) Exhibit B - Proposed Second Amended Complaint (redline), # (3) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Feb 19, 2019 | 75 | Motion to Amend/Correct (Exhibit B - Proposed Second Amended Complaint (redline)) (26) Docket Text: MOTION to Amend/Correct [34] Amended Complaint filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Second Amended Complaint (clean), # (2) Exhibit B - Proposed Second Amended Complaint (redline), # (3) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Feb 19, 2019 | 75 | Motion to Amend/Correct (Text of Proposed Order) (1) Docket Text: MOTION to Amend/Correct [34] Amended Complaint filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed Second Amended Complaint (clean), # (2) Exhibit B - Proposed Second Amended Complaint (redline), # (3) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Feb 19, 2019 | 76 | Memorandum in Support (Main Document) (8) Docket Text: Memorandum in Support regarding [75] MOTION to Amend/Correct [34] Amended Complaint by Trudell Medical International. (Attachments: # (1) Exhibit 1 - FedEx Shipping Receipt, # (2) Exhibit 2 - Email Chain, # (3) Exhibit 3 - 11/01/2018 Hearing Transcript Excerpts) (Boaz, David) |
| Feb 19, 2019 | 76 | Memorandum in Support (Exhibit 1 - FedEx Shipping Receipt) (2) Docket Text: Memorandum in Support regarding [75] MOTION to Amend/Correct [34] Amended Complaint by Trudell Medical International. (Attachments: # (1) Exhibit 1 - FedEx Shipping Receipt, # (2) Exhibit 2 - Email Chain, # (3) Exhibit 3 - 11/01/2018 Hearing Transcript Excerpts) (Boaz, David) |
| Feb 19, 2019 | 76 | Memorandum in Support (Exhibit 2 - Email Chain) (5) Docket Text: Memorandum in Support regarding [75] MOTION to Amend/Correct [34] Amended Complaint by Trudell Medical International. (Attachments: # (1) Exhibit 1 - FedEx Shipping Receipt, # (2) Exhibit 2 - Email Chain, # (3) Exhibit 3 - 11/01/2018 Hearing Transcript Excerpts) (Boaz, David) |
| Feb 19, 2019 | 76 | Memorandum in Support (Exhibit 3 - 11/01/2018 Hearing Transcript Excerpts) (8) Docket Text: Memorandum in Support regarding [75] MOTION to Amend/Correct [34] Amended Complaint by Trudell Medical International. (Attachments: # (1) Exhibit 1 - FedEx Shipping Receipt, # (2) Exhibit 2 - Email Chain, # (3) Exhibit 3 - 11/01/2018 Hearing Transcript Excerpts) (Boaz, David) |
| Feb 8, 2019 | 74 | Order on Motion for Protective Order (16) Docket Text: STIPULATED PROTECTIVE ORDER granting [73] Motion for Protective Order. Signed by Magistrate Judge Kimberly A. Swank on 2/7/2019. (Rudd, D.) |
| Feb 7, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [73] MOTION for Protective Order. (Rudd, D.) |
| Feb 7, 2019 | 73 | Motion for Protective Order (Main Document) (3) Docket Text: MOTION for Protective Order filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A - Stipulated Protective Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Feb 7, 2019 | 73 | Motion for Protective Order (Exhibit A - Stipulated Protective Order) (16) Docket Text: MOTION for Protective Order filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit A - Stipulated Protective Order) Motions referred to Kimberly A. Swank. (Felts, Alan) |
| Jan 30, 2019 | 72 | Order (6) Docket Text: STIPULATED E-DISCOVERY ORDER. Signed by Magistrate Judge Kimberly A. Swank on 1/30/2019. (Rudd, D.) |
| Jan 29, 2019 | N/A | Remark (0) Docket Text: Remark - Proposed Order [70] referred to Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| Jan 29, 2019 | 70 | Response (7) Docket Text: Proposed Order on E-Discovery (Stipulated) filed by Trudell Medical International. (Boaz, David) |
| Jan 25, 2019 | 69 | Set Deadlines/Hearings (1) Docket Text: Order Setting Telephonic Discovery Conference for 1/30/2019 at 11:00 AM before Magistrate Judge Kimberly A. Swank. Signed by Magistrate Judge Kimberly A. Swank on 1/24/2019. (Lee, L.) |
| Jan 18, 2019 | 67 | Order Appointing Mediator (1) Docket Text: ORDER Appointing Mediator Honorable James Robertson(Ret.). Signed by Peter A. Moore, Jr., Clerk of Court on 1/18/2019. (Horton, B.) |
| Jan 18, 2019 | 68 | Notice - other (Main Document) (3) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [64] Order,, . (Attachments: # (1) Exhibit A- Stipulated Protective Order, # (2) Exhibit B- Stipulated Protective Order 2, # (3) Exhibit C- Proposed Order Continuing Discovery Conference) (Felts, Alan) Modified on 1/23/2019 to describe exhibits. (Rudd, D.) |
| Jan 18, 2019 | 68 | Notice - other (Exhibit A) (17) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [64] Order,, . (Attachments: # (1) Exhibit A- Stipulated Protective Order, # (2) Exhibit B- Stipulated Protective Order 2, # (3) Exhibit C- Proposed Order Continuing Discovery Conference) (Felts, Alan) Modified on 1/23/2019 to describe exhibits. (Rudd, D.) |
| Jan 18, 2019 | 68 | Notice - other (Exhibit B) (17) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [64] Order,, . (Attachments: # (1) Exhibit A- Stipulated Protective Order, # (2) Exhibit B- Stipulated Protective Order 2, # (3) Exhibit C- Proposed Order Continuing Discovery Conference) (Felts, Alan) Modified on 1/23/2019 to describe exhibits. (Rudd, D.) |
| Jan 18, 2019 | 68 | Notice - other (Exhibit C) (2) Docket Text: Notice filed by D R Burton Healthcare, LLC regarding [64] Order,, . (Attachments: # (1) Exhibit A- Stipulated Protective Order, # (2) Exhibit B- Stipulated Protective Order 2, # (3) Exhibit C- Proposed Order Continuing Discovery Conference) (Felts, Alan) Modified on 1/23/2019 to describe exhibits. (Rudd, D.) |
| Jan 17, 2019 | 66 | Selection of Mediator (3) Docket Text: Selection of Hon. James Robertson (Ret.) as mediator filed by Trudell Medical International. (Boaz, David) |
| Jan 15, 2019 | 64 | Order (3) Docket Text: ORDER - A telephonic, non-final pretrial conference was held on January 14, 2019, to address Defendant's request that any protective order governing the parties' disclosure of confidential information in this case include a patent persecution bar. The court heard from counsel for each of the parties. The court DENIES WITHOUT PREJUDICE Defendant's request for imposition of a patent prosecution bar. Counsel should read the order in its entirety for critical information and deadlines. Signed by Magistrate Judge Kimberly A. Swank on 1/14/2019. (Rudd, D.) |
| Jan 11, 2019 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [60] Joint MOTION for Discovery Conference. (Rudd, D.) |
| Jan 11, 2019 | N/A | Set/Reset Hearings (0) Docket Text: ****Set Hearing: Discovery Conference set for 1/14/2019 at 1:00 PM in Telephonic before Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| Jan 11, 2019 | 62 | Order on Motion for Miscellaneous Relief (1) Docket Text: ORDER granting [60] Joint Motion for discovery conference. The Court will hold a telephonic discovery conference on January 14, 2019 at 1:00 p.m. The clerk is instructed to provide the parties with conference call instructions. Signed by Magistrate Judge Kimberly A. Swank on 1/11/2019. (Rudd, D.) |
| Jan 10, 2019 | N/A | Notice of Deficiency - Failure to File Proposed Order (0) Docket Text: NOTICE OF DEFICIENCY regarding [60] Motion for Miscellaneous Relief. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Rudd, D.) |
| Jan 10, 2019 | 60 | Motion for Miscellaneous Relief (Main Document) (3) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Draft Protective Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Jan 10, 2019 | 60 | Motion for Miscellaneous Relief (Exhibit A - Draft Protective Order) (15) Docket Text: Joint MOTION for Discovery Conference filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Draft Protective Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Jan 10, 2019 | 61 | Response (1) Docket Text: Proposed Order regarding [60] Joint MOTION for Discovery Conference filed by Trudell Medical International. (Boaz, David) |
| Jan 9, 2019 | N/A | Notice to Counsel - Selection of Mediator (0) Docket Text: NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 1/17/2019. (Horton, B.) |
| Jan 9, 2019 | 58 | Notice of Special Appearance (3) Docket Text: Notice of Special Appearance for non-district by Christoper C. Campbell on behalf of D R Burton Healthcare, LLC. (Campbell, Christoper) |
| Jan 9, 2019 | 59 | Notice of Special Appearance (3) Docket Text: Notice of Special Appearance for non-district by Mark A. Zambarda on behalf of D R Burton Healthcare, LLC. (Zambarda, Mark) |
| Jan 4, 2019 | 57 | Order on Motion to Withdraw as Attorney (1) Docket Text: ORDER granting [56] Motion to Withdraw as Attorney. Attorney Robert C. Van Arnam; Richard T. Matthews and Andrew Robert Shores terminated. Signed by Magistrate Judge Kimberly A. Swank on 1/4/2019. (Rudd, D.) |
| Jan 3, 2019 | 56 | Motion to Withdraw as Attorney (Main Document) (3) Docket Text: MOTION to Withdraw as Attorney filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order) Motions referred to Kimberly A. Swank. (Matthews, Richard) |
| Jan 3, 2019 | 56 | Motion to Withdraw as Attorney (Text of Proposed Order Proposed Order) (1) Docket Text: MOTION to Withdraw as Attorney filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order) Motions referred to Kimberly A. Swank. (Matthews, Richard) |
| Dec 27, 2018 | N/A | Set/Reset Hearings (0) Docket Text: ****Set Hearing: A Non-Final Pretrial Conference set for 3/13/2019 at 11:00 AM in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| Dec 27, 2018 | 55 | Scheduling Order (9) Docket Text: CASE MANAGEMENT ORDER setting deadlines and non-final pretrial conferences. (Counsel should read the order in its entirety for all pertinent deadlines and hearings). Signed by Magistrate Judge Kimberly A. Swank on 12/27/2018. (Lee, L.) |
| Dec 26, 2018 | N/A | Notice of Filing of Official Transcript (0) Docket Text: NOTICE of Filing of Official Transcript [54]. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Powers, S.) |
| Dec 26, 2018 | 54 | Transcript (37) Docket Text: OFFICIAL TRANSCRIPT of Proceedings held on November 1, 2018 before Judge US Magistrate Judge Kimberly A. Swank. Transcriber: Ciera Hernandez, Telephone number: 973-406-2250. Transcript may be viewed at the court 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 PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 1/19/2019. Redacted Transcript Deadline set for 1/29/2019. Release of Transcript Restriction set for 3/29/2019. (Powers, S.) |
| Dec 24, 2018 | 53 | Order on Motion to Compel (2) Docket Text: ORDER dismissing as moot [23] Motion to Stay and denying without prejudice [36] Motion to Compel. Initial disclosures shall be made by January 4, 2019. The parties are directed to meet and confer, in person or by telephone, before December 31, 2018, concerning Defendant's production of documents in response to Plaintiff's First Set of Requests for Production of Documents, with Defendant's initial production due January 4, 2019. Case management order addressing further deadlines and procedures will be entered in due course. Signed by Magistrate Judge Kimberly A. Swank on 12/24/2018. |
| Dec 7, 2018 | N/A | Set/Reset Hearings (0) Docket Text: ****Reset Hearing: Pretrial Conference reset for 12/17/2018 at 3:30 PM in Telephonic before Magistrate Judge Kimberly A. Swank. *Counsel is to use the conferencing instructions previously issued. (Rudd, D.) |
| Dec 7, 2018 | 51 | Order on Motion to Continue (1) Docket Text: ORDER granting [50] Motion to Continue Telephonic Pretrial Conference. The pretrial telephonic conference in this matter is rescheduled to December 17, 2018 at 3:30 p.m. Signed by Magistrate Judge Kimberly A. Swank on 12/7/2018. (Rudd, D.) |
| Dec 6, 2018 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [50] Consent MOTION to Continue Telephonic Pretrial Conference. (Rudd, D.) |
| Dec 6, 2018 | 50 | Motion to Continue (Main Document) (4) Docket Text: Consent MOTION to Continue Telephonic Pretrial Conference filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order) Motions referred to Kimberly A. Swank. (Van Arnam, Robert) |
| Dec 6, 2018 | 50 | Motion to Continue (Text of Proposed Order Proposed Order) (1) Docket Text: Consent MOTION to Continue Telephonic Pretrial Conference filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order) Motions referred to Kimberly A. Swank. (Van Arnam, Robert) |
| Dec 4, 2018 | N/A | Remark (0) Docket Text: Remark - A copy of [47] referred to US Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| Dec 4, 2018 | N/A | Notice of Hearing (0) Docket Text: NOTICE of Hearing: Telephonic Pretrial Conference set for 12/12/2018 at 1:00 pm before Magistrate Judge Kimberly A. Swank. (Foell, S.) |
| Dec 4, 2018 | N/A | Text Order (0) Docket Text: TEXT ORDER - The court hereby SCHEDULES this matter for a telephonic, non-final pretrial conference at 1:00 p.m. on December 12, 2018, to address matters relating to the PTAB's decision denying inter partes review. The clerk is directed to provide the parties with call-in instructions for the conference. Signed by Magistrate Judge Kimberly A. Swank on 12/4/2018. |
| Nov 30, 2018 | 47 | Notice - other (Main Document) (3) Docket Text: Notice filed by Trudell Medical International regarding [36] MOTION to Compel Production of Documents, [23] MOTION to Stay Pending Resolution of IPR Proceedings, [27] Rule 26(f) Report (joint) (Notice of U.S. PTO Decision Denying Institution of Inter Partes Review). (Attachments: # (1) Exhibit 1 - Decision Denying Institution of Inter Partes Review) (Boaz, David) |
| Nov 30, 2018 | 47 | Notice - other (Exhibit 1 - Decision Denying Institution of Inter Partes Review) (30) Docket Text: Notice filed by Trudell Medical International regarding [36] MOTION to Compel Production of Documents, [23] MOTION to Stay Pending Resolution of IPR Proceedings, [27] Rule 26(f) Report (joint) (Notice of U.S. PTO Decision Denying Institution of Inter Partes Review). (Attachments: # (1) Exhibit 1 - Decision Denying Institution of Inter Partes Review) (Boaz, David) |
| Oct 30, 2018 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [36] MOTION to Compel Production of Documents along with [43] Plaintiff's status report on Defendant's IPR Petition and [44] Defendant's status report on their IPR Petition. (Rudd, D.) |
| Oct 29, 2018 | N/A | Set/Reset Motion and M&R Hearings (0) Docket Text: Reset Hearing as to [23] MOTION to Stay Pending Resolution of IPR Proceedings, [36] MOTION to Compel Production of Documents. Motion Hearing reset for 11/1/2018 at 02:30 PM in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. This is as to TIME CHANGE ONLY. (Rudd, D.) |
| Oct 29, 2018 | 43 | Status Report (3) Docket Text: STATUS REPORT on Defendant's IPR Petition by Trudell Medical International (Boaz, David) |
| Oct 29, 2018 | 44 | Status Report (Main Document) (3) Docket Text: STATUS REPORT on D R Burton's IPR Petition by D R Burton Healthcare, LLC (Attachments: # (1) Exhibit A: PTAB Order, # (2) Exhibit B: D R Burton PTAB Reply) (Shores, Andrew) |
| Oct 29, 2018 | 44 | Status Report (Exhibit A: PTAB Order) (5) Docket Text: STATUS REPORT on D R Burton's IPR Petition by D R Burton Healthcare, LLC (Attachments: # (1) Exhibit A: PTAB Order, # (2) Exhibit B: D R Burton PTAB Reply) (Shores, Andrew) |
| Oct 29, 2018 | 44 | Status Report (Exhibit B: D R Burton PTAB Reply) (17) Docket Text: STATUS REPORT on D R Burton's IPR Petition by D R Burton Healthcare, LLC (Attachments: # (1) Exhibit A: PTAB Order, # (2) Exhibit B: D R Burton PTAB Reply) (Shores, Andrew) |
| Oct 29, 2018 | 45 | Response in Opposition to Motion (12) Docket Text: RESPONSE in Opposition regarding [36] MOTION to Compel Production of Documents filed by D R Burton Healthcare, LLC. (Shores, Andrew) |
| Oct 26, 2018 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [41] MOTION to Continue (Unopposed). (Rudd, D.) |
| Oct 26, 2018 | N/A | Order on Motion to Continue (0) Docket Text: TEXT ORDER - The court GRANTS Plaintiff's Unopposed Motion to Continue Hearing [41] and hereby RESCHEDULES the hearing for 2:30 p.m. on November 1, 2018. Signed by Magistrate Judge Kimberly A. Swank on 10/26/2018. |
| Oct 25, 2018 | 41 | Motion to Continue (Main Document) (3) Docket Text: MOTION to Continue (Unopposed) filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Oct 25, 2018 | 41 | Motion to Continue (Text of Proposed Order) (1) Docket Text: MOTION to Continue (Unopposed) filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Boaz, David) |
| Oct 22, 2018 | 40 | Order Setting Hearing on Motion (1) Docket Text: ORDER Setting Hearing on Motions. The court sets this matter for 11/1/18, at 11:00 am in Greenville on the parties' [23] MOTION to Stay and [36] MOTION to Compel Production of Documents. (see order for remaining specifics) Signed by Magistrate Judge Kimberly A. Swank on 10/22/2018. (Foell, S.) |
| Oct 15, 2018 | 36 | Motion to Compel (Main Document) (4) Docket Text: MOTION to Compel Production of Documents filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Morrow, John) |
| Oct 15, 2018 | 36 | Motion to Compel (Text of Proposed Order) (2) Docket Text: MOTION to Compel Production of Documents filed by Trudell Medical International. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Morrow, John) |
| Oct 15, 2018 | 37 | Memorandum in Support (30) Docket Text: CORRECTED Memorandum filed at DE #[39] Memorandum in Support regarding [36] MOTION to Compel Production of Documents filed by Trudell Medical International. (Morrow, John) Modified on 10/15/2018 to reflect that a corrected memorandum in support was filed at DE #[39]. (Rudd, D.) |
| Oct 15, 2018 | 38 | Declaration (3) Docket Text: Declaration regarding [36] MOTION to Compel Production of Documents by Trudell Medical International filed by Trudell Medical International. (Morrow, John) |
| Oct 15, 2018 | 39 | Memorandum in Support (Main Document) (13) Docket Text: CORRECTED Memorandum in Support regarding [36] MOTION to Compel Production of Documents filed by Trudell Medical International. (Attachments: # (1) Exhibit A - DRB Resp. & Obj.) (Morrow, John) Modified on 10/15/2018 to reflect that the memorandum was corrected. (Rudd, D.) |
| Oct 15, 2018 | 39 | Memorandum in Support (Exhibit A - DRB Resp. & Obj.) (30) Docket Text: CORRECTED Memorandum in Support regarding [36] MOTION to Compel Production of Documents filed by Trudell Medical International. (Attachments: # (1) Exhibit A - DRB Resp. & Obj.) (Morrow, John) Modified on 10/15/2018 to reflect that the memorandum was corrected. (Rudd, D.) |
| Jul 3, 2018 | 35 | Answer to Amended Complaint (15) Docket Text: ANSWER to [34] Amended Complaint by D R Burton Healthcare, LLC. (Shores, Andrew) |
| Jun 20, 2018 | 33 | Order on Motion to Amend/Correct (3) Docket Text: ORDER granting [25] Motion to Amend Complaint - Plaintiff shall have ten (10) days from the date of this order to file and serve Plaintiff's First Amended Complaint. The court DENIES Plaintiff's request for an award of attorneys' fees. Signed by Magistrate Judge Kimberly A. Swank on 6/20/2018. (Lee, L.) |
| Jun 20, 2018 | 34 | Amended Complaint (Main Document) (21) Docket Text: AMENDED COMPLAINT against D R Burton Healthcare, LLC, filed by Trudell Medical International. (Attachments: # (1) Exhibit A - U.S. Patent No. 9,808,588) (Boaz, David) |
| Jun 20, 2018 | 34 | Amended Complaint (Exhibit A - U.S. Patent No. 9,808,588) (29) Docket Text: AMENDED COMPLAINT against D R Burton Healthcare, LLC, filed by Trudell Medical International. (Attachments: # (1) Exhibit A - U.S. Patent No. 9,808,588) (Boaz, David) |
| Jun 13, 2018 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [25] MOTION to Amend [1] Complaint, [23] MOTION to Stay Pending Resolution of IPR Proceedings. (Rudd, D.) |
| Jun 12, 2018 | 31 | Reply to Response to Motion (13) Docket Text: REPLY to Response to Motion regarding [23] MOTION to Stay Pending Resolution of IPR Proceedings filed by D R Burton Healthcare, LLC. (Shores, Andrew) |
| Jun 12, 2018 | 32 | Declaration (Main Document) (3) Docket Text: Declaration regarding [31] Reply to Response to Motion Decl. of Andrew R. Shores by D R Burton Healthcare, LLC filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit D. Office Action - Feb. 4, 2013, # (2) Exhibit E. Response to Office Action - May 2, 2013, # (3) Exhibit F. U.S. Patent 8,539,951, # (4) Exhibit G. May 2018 Email Chain) (Shores, Andrew) |
| Jun 12, 2018 | 32 | Declaration (Exhibit D. Office Action - Feb. 4, 2013) (10) Docket Text: Declaration regarding [31] Reply to Response to Motion Decl. of Andrew R. Shores by D R Burton Healthcare, LLC filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit D. Office Action - Feb. 4, 2013, # (2) Exhibit E. Response to Office Action - May 2, 2013, # (3) Exhibit F. U.S. Patent 8,539,951, # (4) Exhibit G. May 2018 Email Chain) (Shores, Andrew) |
| Jun 12, 2018 | 32 | Declaration (Exhibit E. Response to Office Action - May 2, 2013) (10) Docket Text: Declaration regarding [31] Reply to Response to Motion Decl. of Andrew R. Shores by D R Burton Healthcare, LLC filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit D. Office Action - Feb. 4, 2013, # (2) Exhibit E. Response to Office Action - May 2, 2013, # (3) Exhibit F. U.S. Patent 8,539,951, # (4) Exhibit G. May 2018 Email Chain) (Shores, Andrew) |
| Jun 12, 2018 | 32 | Declaration (Exhibit F. U.S. Patent 8,539,951) (30) Docket Text: Declaration regarding [31] Reply to Response to Motion Decl. of Andrew R. Shores by D R Burton Healthcare, LLC filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit D. Office Action - Feb. 4, 2013, # (2) Exhibit E. Response to Office Action - May 2, 2013, # (3) Exhibit F. U.S. Patent 8,539,951, # (4) Exhibit G. May 2018 Email Chain) (Shores, Andrew) |
| Jun 12, 2018 | 32 | Declaration (Exhibit G. May 2018 Email Chain) (5) Docket Text: Declaration regarding [31] Reply to Response to Motion Decl. of Andrew R. Shores by D R Burton Healthcare, LLC filed by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit D. Office Action - Feb. 4, 2013, # (2) Exhibit E. Response to Office Action - May 2, 2013, # (3) Exhibit F. U.S. Patent 8,539,951, # (4) Exhibit G. May 2018 Email Chain) (Shores, Andrew) |
| Jun 8, 2018 | 30 | Response to Motion (7) Docket Text: RESPONSE to Motion regarding [25] MOTION to Amend/Correct [1] Complaint, filed by D R Burton Healthcare, LLC. (Shores, Andrew) |
| May 31, 2018 | N/A | Notice to Counsel (0) Docket Text: Notice to Counsel regarding: [23] Motion to Stay, [24] Memorandum in Support, [28] Memorandum in Opposition and [29] Declaration - Per Judge Howard's preferences, please send any filings over 100 pages in length in hard copy in a three ring binder to the Clerk's Office in Greenville. For any questions, call Donna Rudd at (252) 830-6009. (Rudd, D.) |
| May 29, 2018 | 28 | Memorandum in Opposition (Main Document) (30) Docket Text: Memorandum in Opposition regarding [23] MOTION to Stay Pending Resolution of IPR Proceedings by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Alarm.com v. Vivint, IPR2015-02004, # (2) Exhibit 2 - Edwards Lifesciences v. Boston, IPR2017-00072) (Boaz, David) |
| May 29, 2018 | 28 | Memorandum in Opposition (Exhibit 1 - Alarm.com v. Vivint, IPR2015-02004) (30) Docket Text: Memorandum in Opposition regarding [23] MOTION to Stay Pending Resolution of IPR Proceedings by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Alarm.com v. Vivint, IPR2015-02004, # (2) Exhibit 2 - Edwards Lifesciences v. Boston, IPR2017-00072) (Boaz, David) |
| May 29, 2018 | 28 | Memorandum in Opposition (Exhibit 2 - Edwards Lifesciences v. Boston, IPR2017-00072) (13) Docket Text: Memorandum in Opposition regarding [23] MOTION to Stay Pending Resolution of IPR Proceedings by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Alarm.com v. Vivint, IPR2015-02004, # (2) Exhibit 2 - Edwards Lifesciences v. Boston, IPR2017-00072) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Main Document) (5) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit A - 02/09/2018 email chain) (6) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit B - 03/23/2018 email chain) (4) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit C - 05/07/2018 email chain) (4) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit D - 05/14/2018 email chain) (6) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit E - 05/08/2018 email chain) (3) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit F - 05/07/2018 email) (2) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit G - 05/14/2018 email) (20) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit H - 08/03/2016 letter) (11) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit I - U.S. Patent 9,808,588) (29) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit J - U.S. Patent 9,636,473) (29) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit K - U.S. Patent 8,539,951) (30) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit L - 2015 Lex Machina Report) (12) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit M - 2017 Lex Machina Report) (20) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit N - 05/17/2018 email chain) (6) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit O - 2014 Law Review Article) (16) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 29, 2018 | 29 | Declaration (Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (30) Docket Text: Declaration regarding [28] Memorandum in Opposition, (Declaration of Jafon L. Fearson) by Trudell Medical International filed by Trudell Medical International. (Attachments: # (1) Exhibit A - 02/09/2018 email chain, # (2) Exhibit B - 03/23/2018 email chain, # (3) Exhibit C - 05/07/2018 email chain, # (4) Exhibit D - 05/14/2018 email chain, # (5) Exhibit E - 05/08/2018 email chain, # (6) Exhibit F - 05/07/2018 email, # (7) Exhibit G - 05/14/2018 email, # (8) Exhibit H - 08/03/2016 letter, # (9) Exhibit I - U.S. Patent 9,808,588, # (10) Exhibit J - U.S. Patent 9,636,473, # (11) Exhibit K - U.S. Patent 8,539,951, # (12) Exhibit L - 2015 Lex Machina Report, # (13) Exhibit M - 2017 Lex Machina Report, # (14) Exhibit N - 05/17/2018 email chain, # (15) Exhibit O - 2014 Law Review Article, # (16) Exhibit P - Excerpts from U.S. Patent No. 9,808,588 file history) (Boaz, David) |
| May 24, 2018 | N/A | Remark (0) Docket Text: Remark - Joint Rule 26(f) Report [27] referred to Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| May 23, 2018 | 27 | Rule 26(f) Report (joint) (20) Docket Text: Rule 26(f) Report (joint) filed by Trudell Medical International. (Boaz, David) |
| May 18, 2018 | 25 | Motion to Amend/Correct (Main Document) (3) Docket Text: MOTION to Amend/Correct [1] Complaint, filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed First Amended Complaint (clean), # (2) Exhibit Exhibit A to Proposed First Amended Complaint (U.S. Patent No. 9,808,588), # (3) Exhibit B - Proposed First Amended Complaint (redline)) Motions referred to Kimberly A. Swank. (Boaz, David) |
| May 18, 2018 | 25 | Motion to Amend/Correct (Exhibit A - Proposed First Amended Complaint (clean)) (22) Docket Text: MOTION to Amend/Correct [1] Complaint, filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed First Amended Complaint (clean), # (2) Exhibit Exhibit A to Proposed First Amended Complaint (U.S. Patent No. 9,808,588), # (3) Exhibit B - Proposed First Amended Complaint (redline)) Motions referred to Kimberly A. Swank. (Boaz, David) |
| May 18, 2018 | 25 | Motion to Amend/Correct (Exhibit Exhibit A to Proposed First Amended Complaint (U.S. Patent No. 9,808,588) (29) Docket Text: MOTION to Amend/Correct [1] Complaint, filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed First Amended Complaint (clean), # (2) Exhibit Exhibit A to Proposed First Amended Complaint (U.S. Patent No. 9,808,588), # (3) Exhibit B - Proposed First Amended Complaint (redline)) Motions referred to Kimberly A. Swank. (Boaz, David) |
| May 18, 2018 | 25 | Motion to Amend/Correct (Exhibit B - Proposed First Amended Complaint (redline)) (22) Docket Text: MOTION to Amend/Correct [1] Complaint, filed by Trudell Medical International. (Attachments: # (1) Exhibit A - Proposed First Amended Complaint (clean), # (2) Exhibit Exhibit A to Proposed First Amended Complaint (U.S. Patent No. 9,808,588), # (3) Exhibit B - Proposed First Amended Complaint (redline)) Motions referred to Kimberly A. Swank. (Boaz, David) |
| May 18, 2018 | 26 | Memorandum in Support (Main Document) (8) Docket Text: Memorandum in Support regarding [25] MOTION to Amend/Correct [1] Complaint, by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Declaration of David P. Lindner, # (2) Exhibit 2 - May 17, 2018 Email Chain) (Boaz, David) |
| May 18, 2018 | 26 | Memorandum in Support (Exhibit 1 - Declaration of David P. Lindner) (3) Docket Text: Memorandum in Support regarding [25] MOTION to Amend/Correct [1] Complaint, by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Declaration of David P. Lindner, # (2) Exhibit 2 - May 17, 2018 Email Chain) (Boaz, David) |
| May 18, 2018 | 26 | Memorandum in Support (Exhibit 2 - May 17, 2018 Email Chain) (6) Docket Text: Memorandum in Support regarding [25] MOTION to Amend/Correct [1] Complaint, by Trudell Medical International. (Attachments: # (1) Exhibit 1 - Declaration of David P. Lindner, # (2) Exhibit 2 - May 17, 2018 Email Chain) (Boaz, David) |
| May 8, 2018 | 23 | Motion to Stay (Main Document) (3) Docket Text: MOTION to Stay Pending Resolution of IPR Proceedings filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Shores, Andrew) |
| May 8, 2018 | 23 | Motion to Stay (Text of Proposed Order) (1) Docket Text: MOTION to Stay Pending Resolution of IPR Proceedings filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) Motions referred to Kimberly A. Swank. (Shores, Andrew) |
| May 8, 2018 | 24 | Memorandum in Support (Main Document) (13) Docket Text: Memorandum in Support regarding [23] MOTION to Stay Pending Resolution of IPR Proceedings by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1. Shores Dec. and Exhibits A-C thereto, # (2) Exhibit 2. Cook Dec.) (Shores, Andrew) |
| May 8, 2018 | 24 | Memorandum in Support (Exhibit 1. Shores Dec. and Exhibits A-C thereto) (30) Docket Text: Memorandum in Support regarding [23] MOTION to Stay Pending Resolution of IPR Proceedings by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1. Shores Dec. and Exhibits A-C thereto, # (2) Exhibit 2. Cook Dec.) (Shores, Andrew) |
| May 8, 2018 | 24 | Memorandum in Support (Exhibit 2. Cook Dec.) (3) Docket Text: Memorandum in Support regarding [23] MOTION to Stay Pending Resolution of IPR Proceedings by D R Burton Healthcare, LLC. (Attachments: # (1) Exhibit 1. Shores Dec. and Exhibits A-C thereto, # (2) Exhibit 2. Cook Dec.) (Shores, Andrew) |
| May 7, 2018 | N/A | Remark (0) Docket Text: Remark - Notice of filing 22 referred to US Magistrate Judge Kimberly A. Swank. (Rudd, D.) |
| May 7, 2018 | 22 | Notice - other (2) Docket Text: Notice filed by D R Burton Healthcare, LLC of Filing of Inter Partes Review Petition. (Van Arnam, Robert) |
| Apr 11, 2018 | 21 | Order for Discovery Plan (1) Docket Text: ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/11/2018. (Rudd, D.) |
| Apr 10, 2018 | 20 | Answer to Complaint (12) Docket Text: ANSWER to [1] Complaint, with Jury Demand by D R Burton Healthcare, LLC. (Shores, Andrew) |
| Mar 29, 2018 | N/A | Add and Terminate Judges (0) Docket Text: Magistrate Judge Kimberly A. Swank added as referral judge. (Rudd, D.) |
| Mar 27, 2018 | 19 | Order on Motion for Extension of Time to Answer (1) Docket Text: ORDER granting [18] Motion for Extension of Time to Answer. Trudell Medical International answer due 4/10/2018. Signed by Magistrate Judge Kimberly A. Swank on 3/27/2018. (Rudd, D.) |
| Mar 26, 2018 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Kimberly A. Swank regarding [18] Consent MOTION for Extension of Time to File Answer regarding [1] Complaint. (Lee, L.) |
| Mar 23, 2018 | 15 | Notice of Appearance (2) Docket Text: Notice of Appearance filed by Robert C. Van Arnam on behalf of D R Burton Healthcare, LLC. (Van Arnam, Robert) |
| Mar 23, 2018 | 16 | Notice of Appearance (2) Docket Text: Notice of Appearance filed by Richard T. Matthews on behalf of D R Burton Healthcare, LLC. (Matthews, Richard) |
| Mar 23, 2018 | 17 | Notice of Appearance (2) Docket Text: Notice of Appearance filed by Andrew Robert Shores on behalf of D R Burton Healthcare, LLC. (Shores, Andrew) |
| Mar 23, 2018 | 18 | Motion for Extension of Time to File Answer (Main Document) (3) Docket Text: Consent MOTION for Extension of Time to File Answer regarding [1] Complaint, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) (Van Arnam, Robert) |
| Mar 23, 2018 | 18 | Motion for Extension of Time to File Answer (Text of Proposed Order) (1) Docket Text: Consent MOTION for Extension of Time to File Answer regarding [1] Complaint, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) (Van Arnam, Robert) |
| Feb 23, 2018 | N/A | Case Selected for Mediation (0) Docket Text: Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
| Feb 16, 2018 | 14 | Financial Disclosure Statement (3) Docket Text: Financial Disclosure Statement by D R Burton Healthcare, LLC (Felts, Alan) |
| Feb 13, 2018 | N/A | Motion Referred (0) Docket Text: Motion Referred to US Magistrate Judge Peter A. Moore, Jr., Clerk of Court regarding: [13] MOTION for Extension of Time to File Answer regarding [1] Complaint. (Rudd, D.) |
| Feb 13, 2018 | N/A | Order on Motion for Extension of Time to Answer (0) Docket Text: TEXT ORDER granting Defendant's unopposed Motion for Extension of Time to Answer [13]. Defendant shall have up to and including March 26, 2018 to answer or otherwise respond to the Complaint [1]. Signed by Peter A. Moore, Jr., Clerk of Court on 2/13/2018. (Hockaday, A.) |
| Feb 12, 2018 | 13 | Motion for Extension of Time to File Answer (Main Document) (3) Docket Text: MOTION for Extension of Time to File Answer regarding [1] Complaint, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) (Felts, Alan) |
| Feb 12, 2018 | 13 | Motion for Extension of Time to File Answer (Text of Proposed Order) (1) Docket Text: MOTION for Extension of Time to File Answer regarding [1] Complaint, filed by D R Burton Healthcare, LLC. (Attachments: # (1) Text of Proposed Order) (Felts, Alan) |
| Feb 9, 2018 | 11 | Notice of Appearance (2) Docket Text: Notice of Appearance filed by Jeffrey Scott Southerland on behalf of D R Burton Healthcare, LLC. (Southerland, Jeffrey) |
| Feb 9, 2018 | 12 | Notice of Appearance (2) Docket Text: Notice of Appearance filed by Alan B. Felts on behalf of D R Burton Healthcare, LLC. (Felts, Alan) |
| Jan 31, 2018 | 9 | Notice of Appearance (1) Docket Text: Notice of Appearance filed by John F. Morrow, Jr on behalf of Trudell Medical International. (Morrow, John) |
| Jan 31, 2018 | 10 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Trudell Medical International. D R Burton Healthcare, LLC served on 1/30/2018, answer due 2/20/2018. (Boaz, David) |
| Jan 30, 2018 | 6 | Notice of Special Appearance (2) Docket Text: Notice of Special Appearance for non-district by David P. Lindner on behalf of Trudell Medical International. (Lindner, David) |
| Jan 30, 2018 | 7 | Notice of Special Appearance (2) Docket Text: Notice of Special Appearance for non-district by William H. Frankel on behalf of Trudell Medical International. (Frankel, William) |
| Jan 30, 2018 | 8 | Notice of Special Appearance (2) Docket Text: Notice of Special Appearance for non-district by Jafon L. Fearson on behalf of Trudell Medical International. (Fearson, Jafon) |
| Jan 29, 2018 | N/A | Notice to Counsel (0) Docket Text: Notice to Counsel - All Local Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Jan 29, 2018 | N/A | Notice to Counsel (0) Docket Text: Notice to Counsel regarding: [1] Complaint - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. (Rudd, D.) |
| Jan 29, 2018 | 1 | Complaint (Main Document) (13) Docket Text: COMPLAINT for Patent Infringement against D R Burton Healthcare, LLC ( Filing fee $ 400 receipt number 0417-4378969.), filed by Trudell Medical International. (Attachments: # (1) Exhibit A - U.S. Patent No. 9,808,588, # (2) Civil Cover Sheet, # (3) Proposed Summons) (Boaz, David) |
| Jan 29, 2018 | 1 | Complaint (Exhibit A - U.S. Patent No. 9,808,588) (29) Docket Text: COMPLAINT for Patent Infringement against D R Burton Healthcare, LLC ( Filing fee $ 400 receipt number 0417-4378969.), filed by Trudell Medical International. (Attachments: # (1) Exhibit A - U.S. Patent No. 9,808,588, # (2) Civil Cover Sheet, # (3) Proposed Summons) (Boaz, David) |
| Jan 29, 2018 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT for Patent Infringement against D R Burton Healthcare, LLC ( Filing fee $ 400 receipt number 0417-4378969.), filed by Trudell Medical International. (Attachments: # (1) Exhibit A - U.S. Patent No. 9,808,588, # (2) Civil Cover Sheet, # (3) Proposed Summons) (Boaz, David) |
| Jan 29, 2018 | 1 | Complaint (Proposed Summons) (2) Docket Text: COMPLAINT for Patent Infringement against D R Burton Healthcare, LLC ( Filing fee $ 400 receipt number 0417-4378969.), filed by Trudell Medical International. (Attachments: # (1) Exhibit A - U.S. Patent No. 9,808,588, # (2) Civil Cover Sheet, # (3) Proposed Summons) (Boaz, David) |
| Jan 29, 2018 | 2 | Notice of Appearance (1) Docket Text: Notice of Appearance filed by David R. Boaz on behalf of Trudell Medical International. (Boaz, David) |
| Jan 29, 2018 | 3 | Financial Disclosure Statement (2) Docket Text: Financial Disclosure Statement by Trudell Medical International identifying Corporate Parent Trudell Partnership Holdings Limited, Corporate Parent Packard Medical Supply Centre Ltd., Corporate Parent Trudell Medical Limited for Trudell Medical International. (Boaz, David) |
| Jan 29, 2018 | 4 | Document (1) Docket Text: PATENT REPORT: Copy of report and complaint forwarded to Mail Stop 8, Director of the U.S. Patent and Trademark Office, P.O. Box 1450 Alexandria, VA 22313-1450 via US Mail on January 29, 2018. (Rudd, D.) |
| Jan 29, 2018 | 5 | Summons Issued (2) Docket Text: Summons Issued as to D R Burton Healthcare, LLC. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
