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Case number 3:16-cv-00536

WaveForm Technologies, Inc. v. Dexcom, Inc. > Documents

Date Field Doc. No.Description (Pages)
May 1, 2020 349 Stipulated Notice of Voluntary Dismissal Pursuant to FRCP 41(a)(1)(A)(ii) Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 05/01/2020) (0)
Apr 9, 2020 348 ORDER OF VACATUR: The parties Joint Motion to Vacate Judgment [ECF 346] is GRANTED. In light of the parties global settlement agreement and pursuant to Fed. R. Civ. P. 60(b), I VACATE the Judgment I entered on August 23, 2019. [ECF 328]. Signed on 4/9/2020 by Judge Michael W. Mosman. (kms) (Entered: 04/09/2020) (0)
Apr 6, 2020 346 Joint Motion to Vacate Judgment, 328 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Expedited Hearing requested. Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 04/06/2020) (0)
Apr 6, 2020 347 MANDATE Issued regarding ( 333 Notice of Appeal to the Federal Circuit, 344 Amended Notice of Appeal to the Federal Circuit), USCA #19-2398. Upon consideration of the parties' joint motion for the court to remand the above-captioned appeals due to settlement, IT IS ORDERED THAT: The motion is granted. In doing so, the court takes no position on whether the district court should grant any request to vacate the judgment. Each side shall bear its own costs. ISSUED AS A MANDATE: April 6, 2020. Service as of this date by the Clerk of Court. (jtj) (Entered: 04/06/2020) (0)
Dec 31, 2019 N/A USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal (# 344 ). Case Appealed to United States Court of Appeals for the Federal Circuit. Case Number 20-1293 assigned. (eo) (Entered: 12/31/2019) (0)
Dec 19, 2019 345 Appeal Information Sheet transmitted to Federal Circuit Court of Appeals re Amended Notice of Appeal (# 344 ). (Attachments: # 1 Amended Notice of Appeal, # 2 Opinion and Order on Cost Bill, # 3 Judgment) (eo) (Entered: 12/19/2019) (0)
Dec 18, 2019 344 Amended Notice of Appeal to the Federal Circuit from Order on Cost bill 342 , Judgment, 328 Filing fee $505 collected; Receipt No. 0979-5992395: . Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit A) (Eads, Scott) (Entered: 12/18/2019) (0)
Dec 18, 2019 344 Notice of Appeal* (1)
Nov 25, 2019 343 Notice of Attorney Withdrawal: Cristin A. Wagner Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 11/25/2019) (0)
Nov 20, 2019 342 OPINION AND ORDER: I GRANT IN PART and DENY IN PART Dexcom's Bill of Costs 330 and award Dexcom $205,159.40. Signed on 11/20/19 by Judge Michael W. Mosman. (dls) (Entered: 11/20/2019) (0)
Oct 21, 2019 341 Brief Plaintiff WaveForm Technologies, Inc.'s Reply in Support of Objections to Dexcom, Inc.'s Bill of Costs. Filed by WaveForm Technologies, Inc.. (Related document(s): Objections to Bill of Costs 336 .) (Wrubleski, Jason) (Entered: 10/21/2019) (0)
Oct 4, 2019 339 Response to WaveForm's Objections To Bill Of Costs. Filed by Dexcom, Inc.. (Related document(s): Objections to Bill of Costs 336 .) (Frei, Ryan) (Entered: 10/04/2019) (0)
Oct 4, 2019 340 Declaration of Amy N. Uhl In Support Of Dexcom's Responses To WaveForm's Objections To The Bill Of Costs. Filed by Dexcom, Inc.. (Related document(s): Objections to Bill of Costs 336 , Response 339 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Frei, Ryan) (Entered: 10/04/2019) (0)
Sep 30, 2019 338 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on 12/20/2016 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/7/2019. Redaction Request due 10/21/2019. Redacted Transcript Deadline set for 10/31/2019. Release of Transcript Restriction set for 12/30/2019. (Shumway, Bonita) (Entered: 09/30/2019) (0)
Sep 27, 2019 337 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on 5/8/2019 before Judge Michael W. Mosman, Court Reporter Cheryl Guthrie, telephone number 503-260-4216. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/4/2019. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (ct) (Entered: 09/27/2019) (0)
Sep 20, 2019 336 Objections to Bill of Costs 330 . Filed by WaveForm Technologies, Inc.. (Wrubleski, Jason) (Entered: 09/20/2019) (0)
Sep 17, 2019 335 Transcript Designation and Order Form for the hearing held on 12/20/2016; 5/8/2019 before Judge Michael W. Mosman. Court Reporter: Bonita Shumway; Cheryl L. Guthrie. Tape Number: Dkts. 84; 269. regarding Notice of Appeal 333 . Filed by WaveForm Technologies, Inc.. Transcript is due by 10/17/2019. (Eads, Scott) (Entered: 09/17/2019) (0)
Sep 16, 2019 N/A USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 333 . Case Appealed to Court of Appeals for the Federal Circuit Case Number 19-2398 assigned. (jtj) (Entered: 09/16/2019) (0)
Sep 9, 2019 334 Appeal Information Sheet transmitted to Federal Circuit Court of Appeals re Notice of Appeal (# 333 ). (Attachments: # 1 #333 - Notice of Appeal, # 2 #328 - Judgment) (eo) (Entered: 09/09/2019) (0)
Sep 6, 2019 330 Bill of Costs . Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 09/06/2019) (0)
Sep 6, 2019 331 Declaration of Scott E. Davis in support of Dexcom, Inc.'s Bill of Costs. Filed by Dexcom, Inc.. (Related document(s): Bill of Costs 330 .) (Attachments: # 1 Schedule A, # 2 Schedule B, # 3 Schedule C-1, # 4 Schedule C-2, # 5 Schedule D-1, # 6 Schedule D-2, # 7 Schedule E-1, # 8 Schedule E-2) (Davis, Scott) (Entered: 09/06/2019) (0)
Sep 6, 2019 332 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 8/22/2019 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/13/2019. Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (Shumway, Bonita) (Entered: 09/06/2019) (0)
Sep 6, 2019 333 Notice of Appeal to the Federal Circuit from Judgment, 328 Filing fee $505 collected; Agency Tracking ID 0979-5992395: . Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 09/06/2019) (0)
Sep 6, 2019 333 Notice of Appeal* (1)
Aug 23, 2019 327 Transcript Designation and Order Form for the hearing held on August 22, 2019 before Judge Michael W. Mosman. Court Reporter: Bonita Shumway. . Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 08/23/2019) (0)
Aug 23, 2019 328 (VACATED)JUDGMENT: As stated during the August 22, 2019, hearing, it is ORDERED that Defendant Dexcom, Inc.'s Motion 168 for Summary Judgment is GRANTED. This matter is dismissed with prejudice. Signed on 8/23/2019 by Judge Michael W. Mosman. (kms) Modified on 4/9/2020 PER ORDER 348 (kms). (Entered: 08/23/2019) (0)
Aug 23, 2019 329 Notice of Filing of Demonstratives Filed by Dexcom, Inc.. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (Vandenberg, John) (Entered: 08/23/2019) (0)
Aug 22, 2019 323 Notice of Filing of Summary Judgment Presentation Materials Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Attachment WaveForm Slide Presentation on Dexcom's Motion for Summary Judgment of Indefiniteness, # 2 Attachment WaveForm Slide Presentation on WaveForm's Motion for Partial Summary Judgment of Judicial Estoppel) (Eads, Scott) Modified to restrict PDF on 8/22/2019 (sss). (Main Document 323 replaced on 8/22/2019) (cw). (Attachment 1 replaced on 8/22/2019) (cw). (Entered: 08/22/2019) (0)
Aug 22, 2019 324 MINUTES of Proceedings: The Court heard oral argument on WaveForms Motion for Partial Summary Judgement and Dexcoms Motion for Summary Judgement on August 22, 2019. For the reasons stated on the record, the Court DENIES WaveForms Motion 185 and GRANTS Dexcoms Motion 168 . The granting of Dexcoms Motion disposes of the case and renders all other pending motions moot. Nicholas F. Aldrich, Jr. and Scott Eads present as counsel for plaintiff(s). John Vandenberg, Scott E. Davis, and Ryan Frei present as counsel for defendant(s). (Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding (kms) (Entered: 08/22/2019) (0)
Aug 22, 2019 325 Notice of Correction by Clerk regarding 323 Notice. A Clerical error has been discovered in the case record: The incorrect pdf documents (attachment 1 and 2) were attached at the time of filing. The following corrections were made to the record: A corrected (redacted) PDF has been uploaded and has replaced the incorrect attachments.The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 08/22/2019) (0)
Aug 22, 2019 326 Exhibits : WaveForm Technologies, Inc.'s Notice of Filing of Presentation on Dexcom's Motion for Summary Judgment of Indefiniteness re Notice,, 323 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Attachment WaveForm Slide Presentation on Dexcom's Motion for Summary Judgment of Indefiniteness) (Eads, Scott) (Entered: 08/22/2019) (0)
Aug 19, 2019 322 ORDER: The Court GRANTS WaveForm's Motion 301 to supplement the evidentiary record in Dexcom's summary judgment motion as modified by WaveForm's agreement in its response to limit its request to twenty-one pages of material from three expert documents, which are attached as exhibits A-D [312-2 and 313-1 and 313-2]to the Wrubleski Declaration. The parties may refer to this supplemental material during the August 22, 2019, oral argument. Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/19/2019) (0)
Aug 16, 2019 317 Response in Opposition to Motion to Strike The Supplemental Report Of Dr. Kimberly Cameron 304 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 08/16/2019) (0)
Aug 16, 2019 318 Declaration of Nika Aldrich in Support of WaveForm's Opposition to Dexcom's Motion to Exclude Supplemental Expert Report of Dr. Kimberly Cameron. Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 317 .) (Attachments: # 1 Exhibit 1-6) (Eads, Scott) (Entered: 08/16/2019) (0)
Aug 16, 2019 319 Declaration of Jason A. Wrubleski in Support of WaveForm's Opposition to Dexcom's Motion to Exclude the Supplemental Expert Report of Dr. Kimberly Cameron. Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 317 .) (Attachments: # 1 Exhibit A, B, C, D, E, F, # 2 Exhibit G, H, I, J slipsheet, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, N slipsheet, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q) (Wrubleski, Jason) (Entered: 08/16/2019) (0)
Aug 16, 2019 320 Exhibits G, H, I, J, and Q to the Declaration of Jason A. Wrubleski in Support of WaveForm's Opposition to Dexcom's Motion to Exclude the Supplemental Expert Report of Dr. Kimberly Cameron re Declaration, 319 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit Q) (Wrubleski, Jason) (Entered: 08/16/2019) (0)
Aug 16, 2019 321 Exhibits M and N to the Declaration of Jason A. Wrubleski in Support of WaveForm's Opposition to Dexcom's Motion to Exclude the Supplemental Expert Report of Dr. Kimberly Cameron re Declaration, 319 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit M, # 2 Exhibit N) (Wrubleski, Jason) (Entered: 08/16/2019) (0)
Aug 9, 2019 314 Motion to Compel Redesignation of Documents under the Stipulated Protective Order. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Frei, Ryan) (Entered: 08/09/2019) (0)
Aug 9, 2019 315 Declaration of Raymond M. Bernal iso Motion to Compel Redesignation of Documents. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Motion to compel 314 .) (Attachments: # 1 Exhibits 1-4, # 2 Exhibits 5-15, # 3 Exhibit 16, # 4 Exhibits 17-18, # 5 Exhibit 19, # 6 Exhibit 20, # 7 Exhibit 21 - Part A, # 8 Exhibit 21 - Part B, # 9 Exhibits 22-25, # 10 Exhibits 26-36, # 11 Exhibits 37 - Part A, # 12 Exhibits 37 - Part B, # 13 Exhibits 37 - Part C, # 14 Exhibits 38-43, # 15 Exhibit 44 - Part A, # 16 Exhibit 44 - Part B, # 17 Exhibit 45, # 18 Exhibits 46-70, # 19 Exhibit 71 - Part A, # 20 Exhibit 71 - Part B, # 21 Exhibits 72-73, # 22 Exhibit 74 - Part A, # 23 Exhibit 74 - Part B, # 24 Exhibit 75) (Frei, Ryan) (Entered: 08/09/2019) (0)
Aug 9, 2019 316 Notice re Notice,, 308 Dexcom's Response to WaveForm's Notice of Supplemental Authority (ECF No. 308] re WaveForm's Motion for Partial Summary Judgment that Defendant is Judicially Estopped to Assert Invalidity Based on Indefiniteness [ECF No. 185] Filed by Dexcom, Inc.. (Related document(s): Notice,, 308 .) (Vandenberg, John) (Entered: 08/09/2019) (0)
Aug 8, 2019 308 Notice re Motion for Partial Summary Judgment 185 , Reply to Motion 205 , Response in Opposition to Motion, 191 , Notice, 283 WaveForm's Response to Dexcom's Notice of Supplemental Authority (ECF 283); and WaveForm's Notice of Supplemental Authority Filed by WaveForm Technologies, Inc.. (Related document(s): Motion for Partial Summary Judgment 185 , Reply to Motion 205 , Response in Opposition to Motion, 191 , Notice, 283 .) (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C) (Eads, Scott) (Entered: 08/08/2019) (0)
Aug 8, 2019 309 Reply in Support of to Motion to Supplement Record of Dexcom's Motion for Summary Judgment of Invalidity for Indefiniteness (ECF No. 168) 301 . Filed by WaveForm Technologies, Inc.. (Wrubleski, Jason) (Entered: 08/08/2019) (0)
Aug 8, 2019 310 Declaration of Kimberly Cameron, Ph.D., P.E. . Filed by WaveForm Technologies, Inc.. (Related document(s): Reply to Motion 309 .) (Attachments: # 1 Exhibit A) (Wrubleski, Jason) (Entered: 08/08/2019) (0)
Aug 8, 2019 311 Exhibits A to the Declaration of Kimberly Cameron, Ph.D., P.E. re Declaration 310 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit A) (Wrubleski, Jason) (Entered: 08/08/2019) (0)
Aug 8, 2019 312 Declaration of Jason A. Wrubleski in Support of WaveForm's Reply in Support of Motion for Leave to Supplement Record of Dexcom's Motion for Summary Judgment of Invalidity for Indefiniteness (ECF No. 168). Filed by WaveForm Technologies, Inc.. (Related document(s): Reply to Motion 309 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Wrubleski, Jason) (Entered: 08/08/2019) (0)
Aug 8, 2019 313 Exhibits A & D to the Declaration of Jason A. Wrubleski in Support of WaveForm's Reply in Support of Motion for Leave to Supplement Record of Dexcom's Motion for Summary Judgment of Invalidity for Indefiniteness (ECF No. 168) re Declaration, 312 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit D) (Wrubleski, Jason) (Entered: 08/08/2019) (0)
Aug 6, 2019 307 Response in Opposition to Motion to Supplement Record of Dexcom's Motion for Summary Judgment of Invalidity for Indefiniteness (ECF No. 168) 301 . Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 08/06/2019) (0)
Aug 2, 2019 303 ORDER: The Court orders Defendant Dexcom to file its response, if any, to WaveForms Motion 301 for Leave to Supplement the Record of Dexcoms Motion for Summary Judgement of Invalidity for Indefiniteness on or before Wednesday, August 7, 2019. Any reply by WaveForm is due on or before August 9, 2019. Ordered by Judge Michael W. Mosman. (kms) (Entered: 08/02/2019) (0)
Aug 2, 2019 304 Motion to Strike The Supplemental Report Of Dr. Kimberly Cameron. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 08/02/2019) (0)
Aug 2, 2019 305 Declaration of Raymond M. Bernal In Support Of Dexcom's Motion To Strike The Supplemental Report Of Dr. Kimberly Cameron. Filed by Dexcom, Inc.. (Related document(s): Motion to Strike 304 .) (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 14, # 6 Exhibit 15) (Davis, Scott) (Entered: 08/02/2019) (0)
Aug 2, 2019 306 Exhibits 1-2, 7-13 and 16-21 To The Declaration Of Raymond M. Bernal re Declaration, 305 , Motion to Strike The Supplemental Report Of Dr. Kimberly Cameron 304 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 9, # 6 Exhibit 10, # 7 Exhibit 11, # 8 Exhibit 12, # 9 Exhibit 13, # 10 Exhibit 16, # 11 Exhibit 17, # 12 Exhibit 18, # 13 Exhibit 19, # 14 Exhibit 20, # 15 Exhibit 21) (Davis, Scott) (Entered: 08/02/2019) (0)
Jul 31, 2019 300 Notice of Attorney Withdrawal: M. Andrew Woodmansee Filed by Dexcom, Inc.. (Griffith, Calvin) (Entered: 07/31/2019) (0)
Jul 31, 2019 301 Motion to Supplement Record of Dexcom's Motion for Summary Judgment of Invalidity for Indefiniteness (ECF No. 168). Filed by WaveForm Technologies, Inc.. (Wrubleski, Jason) (Entered: 07/31/2019) (0)
Jul 31, 2019 302 Declaration of Jason A. Wrubleski in Support of WaveForm's Motion for Leave to Supplement Record of Dexcom's Motion for Summary Judgment of Invalidity for Indefiniteness (ECF No. 168). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Motion to Supplement 301 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Wrubleski, Jason) (Entered: 07/31/2019) (0)
Jul 26, 2019 299 Reply to Motion for Leave to Lodge Updated Proposed Answer in Support of Motion for Leave to Include Contested Defenses in its Answer [ECF No. 202] 297 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 07/26/2019) (0)
Jul 22, 2019 298 Response in Opposition to Motion for Leave to Lodge Updated Proposed Answer in Support of Motion for Leave to Include Contested Defenses in its Answer [ECF No. 202] 297 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 07/22/2019) (0)
Jul 8, 2019 297 Motion for Leave to Lodge Updated Proposed Answer in Support of Motion for Leave to Include Contested Defenses in its Answer [ECF No. 202]. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit A - Updated Proposed Answer, # 2 Exhibit B - Redlined Updated Proposed Answer) (Vandenberg, John) (Entered: 07/08/2019) (0)
Jun 14, 2019 296 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/31/2019 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/21/2019. Redaction Request due 7/8/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/12/2019. (Shumway, Bonita) (Entered: 06/14/2019) (0)
Jun 3, 2019 295 Transcript Designation and Order Form for the hearing held on May 31, 2019 before Judge Michael W. Mosman. Court Reporter: Bonita Shumway. . Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 06/03/2019) (0)
May 31, 2019 293 MINUTES of Proceedings: Hearing held on the parties May 1, 2019, Motions to Compel. I DENY WaveForms Motion to Compel 259 Dexcom and its Attorneys to Produce all Communications with Heraeus as moot for the reasons stated on the record. I DENY Dexcoms Motion to Compel 257 Production of Documents Where Privilege has been Waived. Although Bayer did not transfer the historical emails related to its Continuous Glucose Monitoring (CGM) when it sold this business to iSense Acquisition, LLC, the practical consequences of the sale resulted in the transfer of control of and the continuation of the CGM business by iSense Acquisition, LLC. I, therefore, find that the authority to assert the attorney- client privilege transferred to iSense Acquisition, LLC as well, even over emails that remained stored on its predecessors servers, and that privilege transferred to iSense Acquisition, LLCs successors in the CGM business. I also find that retention of emails by employees and/or contractors of WaveForms predecessors who were original parties to the emails does not constitute disclosure to a third party. Accordingly, I reject Dexcoms argument that WaveForm waived its transferred attorney-client privilege through voluntary disclosures. I GRANT Dexcoms Motion to Compel 262 Production of Improperly withheld Documents with respect to the thirteen documents submitted by Dexcom for in Camera inspection and DENY it in all other respects. I DENY Dexcoms Motion to Compel 264 Production of Documents and Responses to Discovery with leave to renew if necessary after expert disclosures. Nicholas F. Aldrich, Jr., Jason A. Wrubleski, and Cristin Wagner present as counsel for plaintiff(s). Scott E. Davis, Salumeh R. Loesch, Kristin L. Cleveland, and Ryan Frei present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms) (Entered: 05/31/2019) (0)
May 31, 2019 294 Transcript Designation and Order Form for the hearing held on 5/29/2019 before Judge Michael W. Mosman. Court Reporter: Bonita Shumway. . Filed by Dexcom, Inc.. (Frei, Ryan) (Entered: 05/31/2019) (0)
May 30, 2019 292 ORDER: The Court GRANTS Dexcoms Motion 291 for Leave to Submit Documents for In Camera Review. Ordered by Judge Michael W. Mosman. (kms) (Entered: 05/30/2019) (0)
May 29, 2019 288 Supplement Response to Defendant Dexcom's Notice of Supplement to Motion to Compel Production and Motion for In Camera Review (ECF No. 286). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Notice, 286 .) (Wrubleski, Jason) (Entered: 05/29/2019) (0)
May 29, 2019 289 Declaration of Jason A. Wrubleski in Support of Response to Defendant Dexcom's Notice of Supplement to Motion to Compel Production and Motion for In Camera Review (ECF 286). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Supplement, 288 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Wrubleski, Jason) (Entered: 05/29/2019) (0)
May 29, 2019 290 ORDER: Plaintiff is directed to file its response, if any, to Defendants Supplemental Notice 286 filed on May 28, 2019, by 9am on Thursday, May 30, 2019. Ordered by Judge Michael W. Mosman. (kms) (Entered: 05/29/2019) (0)
May 29, 2019 291 Motion for Leave Defendant's Motion for Leave to Submit Documents for In Camera Review. Filed by Dexcom, Inc.. (Loesch, Salumeh) (Entered: 05/29/2019) (0)
May 28, 2019 286 Supplemental Notice re Motion to compel 262 and Motion for in camera Review (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc. (Related document(s): Motion to compel 262 .) (Frei, Ryan) Modified on 5/28/2019 to add restriction text (jn). (Entered: 05/28/2019) (0)
May 28, 2019 287 Declaration of Ryan L. Frei . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Motion to compel 262 , Notice 286 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Frei, Ryan) (Entered: 05/28/2019) (0)
May 24, 2019 285 ORDER: Dexcom is directed to submit a copy of its common interest agreement with Heraeus to the Court for in camera review no later than 5pm on Tuesday, May 28, 2019. Ordered by Judge Michael W. Mosman. (kms) (Entered: 05/24/2019) (0)
May 20, 2019 284 Sur-Response to WaveForm Technologies, Inc.'s Sur-Reply (ECF No. 282) to Motion for Leave To Include Three Contested Defenses In Its Answer To Plaintiff WaveForm Technologies, Inc.'s New Complaint 202 . Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 05/20/2019) (0)
May 16, 2019 282 Sur-Reply in Opposition to Motion for Leave To Include Three Contested Defenses In Its Answer To Plaintiff WaveForm Technologies, Inc.'s New Complaint 202 . Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 05/16/2019) (0)
May 16, 2019 283 Notice re Motion for Partial Summary Judgment 185 , Response in Opposition to Motion, 191 , Sur-Reply to Motion, 218 Dexcom's Notice of Supplemental Authority re Plaintiff's Motion for Partial Summary Judgment Filed by Dexcom, Inc.. (Related document(s): Motion for Partial Summary Judgment 185 , Response in Opposition to Motion, 191 , Sur-Reply to Motion, 218 .) (Attachments: # 1 Exhibit A) (Davis, Scott) (Entered: 05/16/2019) (0)
May 14, 2019 280 Scheduling Order by Judge Michael W. Mosman regarding the following four motions: Dexcom's Motion for Summary Judgment 168 , Dexcom's Motion for Leave to Include Contested Defenses 202 , WaveForm's Motion for Partial Summary Judgment 185 , and WaveForm's Motion for Leave to File an Amended Complaint 199 . Oral Argument on these four motions is set for 8/22/2019 at 10:00AM-12:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 05/14/2019) (0)
May 14, 2019 281 ORDER: The Court GRANTS WaveForm's Motion 223 to file its six page sur-reply opposing Dexcom's motion for leave to include contested defenses in its answer to WaveForm's new complaint. WaveForm is directed to file its sur- reply by May 16, 2019. Dexcom may file a response to the sur-reply on or before May 20, 2019. Ordered by Judge Michael W. Mosman. (kms) (Entered: 05/14/2019) (0)
May 10, 2019 270 Response to Motion to Compel Dexcom and its Attorneys to Produce all Communications with Heraeus 259 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 05/10/2019) (0)
May 10, 2019 271 Declaration of Ryan L. Frei in Support of Dexcom's Response to Motion to Compel Production of Documents Regarding Communications with Heraeus. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Response to Discovery Motion, 270 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Davis, Scott) (Entered: 05/10/2019) (0)
May 10, 2019 272 Declaration of M. Andrew Woodmansee in Support of Dexcom's Response to Motion to Compel Production of Documents Regarding Communications with Heraeus. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Response to Discovery Motion, 270 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Davis, Scott) (Entered: 05/10/2019) (0)
May 10, 2019 273 Response in Opposition to Motion to Compel Production of Documents and Responses to Discovery 264 Oral Argument requested. Filed by WaveForm Technologies, Inc.. (Wagner, Cristin) (Entered: 05/10/2019) (0)
May 10, 2019 274 Declaration of Cristin A. Wagner in Support of WaveForm's Opposition to Defendant's Motion to Compel Production of Documents (Dkt. 264). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion 273 .) (Wagner, Cristin) (Entered: 05/10/2019) (0)
May 10, 2019 275 Response in Opposition to Motion to Compel Production of Documents Where Privilege Has Been Waived 257 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 05/10/2019) (0)
May 10, 2019 276 Declaration of Nika Aldrich in Support of WaveForm Opposition to Defendant Motion to Compel Production of Documents Where Privilege Has Been Waived (Dkt. 257). Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 275 .) (Attachments: # 1 Exhibit 1-2 slip sheet, # 2 Exhibit 3 slip sheet, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6-10 slip sheet) (Aldrich, Nicholas) (Entered: 05/10/2019) (0)
May 10, 2019 277 Response in Opposition to Defendant's to Motion to Compel Production of Improperly Withheld Documents 262 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Wrubleski, Jason) (Entered: 05/10/2019) (0)
May 10, 2019 278 Exhibits 1-3, and 6-10 to the Declaration of Nika Aldrich ISO WaveForm Opposition to Defendant Motion to Compel Production of Documents Where Privilege Has Been Waived (Dkt 257) re Motion to Compel Production of Documents Where Privilege Has Been Waived 257 , Response in Opposition to Motion, 275 , Declaration, 276 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10) (Aldrich, Nicholas) (Entered: 05/10/2019) (0)
May 10, 2019 279 Declaration of Jason A. Wrubleski in Support of WaveForms Opposition to Defendants Motion to Compel Production of Documents (Dkt. 262). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 277 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D - Part I, # 5 Exhibit D - Part II, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (Wrubleski, Jason) (Entered: 05/10/2019) (0)
May 8, 2019 269 MINUTES of Proceedings: Telephonic hearing held on Defendant Dexcom's Motion for Extension of Discovery and Pretrial Order Deadlines and to Modify the Trial Management Order. Based on Dexcom's notification that it no longer seeks an extension of time for fact discovery, I deny its Motion 247 as moot. As stated on the record, I will consider Dexcom's requests for additional depositions, if any, after ruling on the pending motions to compel and the pending motion to add defenses. Nika F. Aldrich, Jr., Scott D. Eads, and Jason A. Wrubleski present as counsel for plaintiff(s). Scott E. Davis, Salumeh R. Loesch and Kristin L. Cleveland present as counsel for defendant(s).(Court Reporter Cheryl L. Guthrie.) Chief Judge Michael W. Mosman presiding. (pg) (Entered: 05/08/2019) (0)
May 6, 2019 268 ORDER: Responses, if any, to the motions to compel [257, 259, 262, 264] the parties filed on May 1, 2019 are due on or before May 10, 2019. Oral argument on these motions is set for 5/31/2019 at 11:00AM-12:00pm in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 05/06/2019) (0)
May 1, 2019 257 Motion to Compel Production of Documents Where Privilege Has Been Waived. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Dexcom, Inc.. (Loesch, Salumeh) (Entered: 05/01/2019) (0)
May 1, 2019 258 Declaration of Salumeh R. Loesch in Support of Defendant's Motion to Compel Production of Documents Where Privilege Has Been Waived. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Motion to compel 257 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Errata 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20) (Loesch, Salumeh) (Entered: 05/01/2019) (0)
May 1, 2019 259 Motion to Compel Dexcom and its Attorneys to Produce all Communications with Heraeus. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 05/01/2019) (0)
May 1, 2019 260 Declaration of Nika Aldrich in Support of WaveForm's Motion to Compel Dexcom and Its Attorneys to Produce All Communications with Heraeus. Filed by WaveForm Technologies, Inc.. (Related document(s): Motion to compel, 259 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Aldrich, Nicholas) (Entered: 05/01/2019) (0)
May 1, 2019 261 Exhibits C to Declaration of Nika Aldrich in Support of WaveForm's Motion to Compel Dexcom and Its Attorneys to Produce all Communications with Heraeus re Declaration, 260 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit C) (Aldrich, Nicholas) (Entered: 05/01/2019) (0)
May 1, 2019 262 Motion to Compel Production of Improperly Withheld Documents. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Dexcom, Inc.. (Loesch, Salumeh) (Entered: 05/01/2019) (0)
May 1, 2019 263 Declaration of 262 Declaration of Salumeh R. Loesch in Support of Defendant's Motion to Compel Production of Improperly Withheld Documents. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Motion to compel 262 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25) (Loesch, Salumeh) (Entered: 05/01/2019) (0)
May 1, 2019 264 Motion to Compel Production of Documents and Responses to Discovery. Oral Argument requested. Filed by Dexcom, Inc.. (Cleveland, Kristin) (Entered: 05/01/2019) (0)
May 1, 2019 265 Declaration of Amy M. Kendig in Support of Dexcom's Motion to Compel Production of Documents and Responses to Discovery. Filed by Dexcom, Inc.. (Related document(s): Motion to compel 264 .) (Cleveland, Kristin) (Entered: 05/01/2019) (0)
May 1, 2019 266 Exhibits to the Declaration of Amy M. Kendig in Support of Dexcom's Motion to Compel Production of Documents and Responses to Discovery re Declaration 265 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Cleveland, Kristin) (Entered: 05/01/2019) (0)
May 1, 2019 267 Declaration of Kristin L. Cleveland in Support of Dexcom's Motion to Compel Production of Documents and Responses to Discovery. Filed by Dexcom, Inc.. (Related document(s): Motion to compel 264 .) (Attachments: # 1 Exhibit 1) (Cleveland, Kristin) (Entered: 05/01/2019) (0)
Apr 30, 2019 256 Scheduling Order by Judge Michael W. Mosman regarding Motion for Extension of Discovery & PTO Deadlines and Modify Trial Management Order 247 . Telephone Status Conference is set for 5/8/2019 at 02:30PM before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 04/30/2019) (0)
Apr 17, 2019 255 Notice of Appearance of Erin Forbes appearing on behalf of WaveForm Technologies, Inc. Filed by on behalf of WaveForm Technologies, Inc.. (Forbes, Erin) (Entered: 04/17/2019) (0)
Apr 4, 2019 254 Reply in Support of Motion to Modify Trial Management Order to Motion for Extension of Discovery & PTO Deadlines and Modify Trial Management Order 247 . Filed by Dexcom, Inc.. (Loesch, Salumeh) (Entered: 04/04/2019) (0)
Apr 3, 2019 249 Response in Opposition to Motion for Extension of Discovery & PTO Deadlines and Modify Trial Management Order 247 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 04/03/2019) (0)
Apr 3, 2019 250 Declaration of Jason A. Wrubleski in Support of Plaintiff WaveForm's Response in Opposition to Dexcom's Motion to Modify Trial Management Order [ECF Nos. 162 & 166]. Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 249 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-T, # 5 Exhibit U, # 6 Exhibit V-Y) (Wrubleski, Jason) (Entered: 04/03/2019) (0)
Apr 3, 2019 251 Exhibits D-O, Q, R, T, V-Y TO THE DECLARATION OF JASON WRUBLESKI IN SUPPORT OF PLAINTIFF WAVEFORM'S RESPONSE IN OPPOSITION TO DEXCOM'S MOTION TO MODIFY TRIAL MANAGEMENT ORDER [ECF NOS. 162 & 166] re Declaration, 250 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit K, # 9 Exhibit L, # 10 Exhibit M, # 11 Exhibit N, # 12 Exhibit O, # 13 Exhibit Q, # 14 Exhibit R, # 15 Exhibit T, # 16 Exhibit V, # 17 Exhibit W, # 18 Exhibit X, # 19 Exhibit Y) (Wrubleski, Jason) (Entered: 04/03/2019) (0)
Apr 3, 2019 252 Exhibits P TO THE DECLARATION OF JASON WRUBLESKI IN SUPPORT OF PLAINTIFF WAVEFORM'S RESPONSE IN OPPOSITION TO DEXCOM'S MOTION TO MODIFY TRIAL MANAGEMENT ORDER [ECF NOS. 162 & 166] re Declaration, 250 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit P) (Wrubleski, Jason) (Entered: 04/03/2019) (0)
Apr 3, 2019 253 Exhibits S TO THE DECLARATION OF JASON WRUBLESKI IN SUPPORT OF PLAINTIFF WAVEFORM'S RESPONSE IN OPPOSITION TO DEXCOM'S MOTION TO MODIFY TRIAL MANAGEMENT ORDER [ECF NOS. 162 & 166] re Declaration, 250 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit S) (Wrubleski, Jason) (Entered: 04/03/2019) (0)
Mar 27, 2019 247 Motion for Extension of Discovery & PTO Deadlines and Modify Trial Management Order. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Expedited Hearing requested. Filed by Dexcom, Inc.. (Loesch, Salumeh) (Entered: 03/27/2019) (0)
Mar 27, 2019 248 Declaration of Salumeh R. Loesch in Support of Dexcom's Opposed Motion to Modify Trial Management Order. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 247 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (Loesch, Salumeh) (Entered: 03/27/2019) (0)
Mar 15, 2019 244 Response to Plaintiff WaveForm's Sur-Reply (ECF No. 235) on Dexcom's Motion for Summary Judgment of Invalidity (Indefiniteness) to Motion for Partial Summary Judgment That Claims 5 of the '202 Patent and the '433 Patent Are Not Invalid for Indefiniteness 235 Oral Argument requested. Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 03/15/2019) (0)
Mar 15, 2019 245 Declaration of Marla Beier in Support of Dexcom's Response to Plaintiff WaveForm's Sur-Reply (ECF No. 235) on Dexcom's Motion for Summary Judgment of Invalidity (Indefiniteness). Filed by Dexcom, Inc.. (Related document(s): Response to Motion, 244 .) (Vandenberg, John) (Entered: 03/15/2019) (0)
Mar 15, 2019 246 Exhibits A to the Declaration of Marla Beier in Support of Dexcom's Response to Plaintiff WaveForm's Sur-Reply (ECF No. 235) on Dexcom's Motion for Summary Judgment of Invalidity (Indefiniteness) re Response to Motion, 244 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit A) (Vandenberg, John) (Entered: 03/15/2019) (0)
Mar 11, 2019 243 ORDER: I construe WaveForm's March 6, 2019, Motion for Partial Summary Judgment as a sur-reply to Dexcom's October 19, 2018, Motion for Summary Judgment. I grant Dexcom leave to file a response to WaveForm's March 6, 2019 Motion without any further briefing or evidence from WaveForm. I grant Dexcom's Motion 238 to stay further briefing, if any, on WaveForm's March 6, 2019, Motion until after I have ruled on Dexcom's October 2018 Summary Judgment Motion and WaveForm's December 2018 Motion for Partial Summary Judgment. Ordered by Judge Michael W. Mosman. (dls) (Entered: 03/11/2019) (0)
Mar 7, 2019 240 Response to Waveform Technologies, Inc.'s Request for Rule 16 Status Conference Regarding Pending Motions. Filed by Dexcom, Inc.. (Related document(s): Request 239 .) (Vandenberg, John) (Entered: 03/07/2019) (0)
Mar 7, 2019 241 ORDER: Granting Application for Special Admission Pro Hac Vice of Ryan L. Frei for Dexcom, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5761167 issued. Signed on 3/7/2019 by Judge Michael W. Mosman. (ecp) (Entered: 03/07/2019) (0)
Mar 7, 2019 242 Notification of CM/ECF Account for Ryan L. Frei (Pro Hac Vice admission). Your login is: rlfrei. Go to the CM/ECF login page to set your password. (ecp) (Entered: 03/07/2019) (0)
Mar 6, 2019 235 Motion for Partial Summary Judgment That Claims 5 of the '202 Patent and the '433 Patent Are Not Invalid for Indefiniteness. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 03/06/2019) (0)
Mar 6, 2019 236 Declaration of Jason A. Wrubleski in Support of WaveForm's Motion for Partial Summary Judgment That Claim 5 of the '202 Patent and the '433 Patent Are Not Invalid for Indefiniteness. Filed by WaveForm Technologies, Inc.. (Related document(s): Motion for Partial Summary Judgment, 235 .) (Attachments: # 1 Exhibit (s) A, B, D-G, I, J) (Eads, Scott) (Entered: 03/06/2019) (0)
Mar 6, 2019 237 Exhibits C, H, and K to the Declaration of Jason A. Wrubleski in Support of WaveForm's Motion for Partial Summary Judgment that Claims 5 of the '202 Patent and the '433 Patent Are Not Invalid for Indefiniteness re Motion for Partial Summary Judgment That Claims 5 of the '202 Patent and the '433 Patent Are Not Invalid for Indefiniteness 235 , Declaration, 236 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit (s) C, H, K) (Eads, Scott) (Entered: 03/06/2019) (0)
Mar 6, 2019 238 Motion for Stay Briefing on Plaintiff's Motion for Partial Summary Judgment of no Indefiniteness as to Claim 5 of Each Asserted Patent (ECF No. 235). Expedited Hearing requested. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 03/06/2019) (0)
Mar 6, 2019 239 Request for Rule 16 Status Conference Regarding Pending Motions. Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 03/06/2019) (0)
Mar 5, 2019 234 Motion for Leave to Appear Pro Hac Vice for Attorney Ryan L. Frei . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5761167. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 03/05/2019) (0)
Mar 4, 2019 233 ORDER: The Court will take Plaintiff's Motion 199 for Leave to File an Amended Complaint and Defendant's Motion 202 for Leave to Include Three Contested Defenses in its Answer to Plaintiff WaveForm Technologies, Inc.'s New Complaint following the Court's ruling on Dexcom's Motion 168 for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness"). Ordered by Judge Michael W. Mosman. (dls) (Entered: 03/04/2019) (0)
Mar 1, 2019 232 Reply to Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness") 168 Oral Argument requested. Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 03/01/2019) (0)
Feb 15, 2019 226 Response in Opposition to Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness") 168 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 02/15/2019) (0)
Feb 15, 2019 227 Declaration of Audrey A. Fasching, Ph.D., P.E. in Support of WaveForm's Opposition to Dexcom's Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness"). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 226 .) (Eads, Scott) (Entered: 02/15/2019) (0)
Feb 15, 2019 228 Declaration of Jason A. Wrubleski in Support of WaveForm's Opposition to Dexcom's Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness"). Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 226 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C slipsheet, # 4 Exhibit D slipsheet, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J slipsheet, # 11 Exhibit K slipsheet, # 12 Exhibit L slipsheet, # 13 Exhibit M slipsheet, # 14 Exhibit N slipsheet, # 15 Exhibit O slipsheet, # 16 Exhibit P slipsheet, # 17 Exhibit Q slipsheet, # 18 Exhibit R slipsheet, # 19 Exhibit S slipsheet, # 20 Exhibit T, # 21 Exhibit U slipsheet, # 22 Exhibit V slipsheet, # 23 Exhibit W slipsheet, # 24 Exhibit X slipsheet, # 25 Exhibit Y slipsheet, # 26 Exhibit Z slipsheet, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD) (Eads, Scott) (Entered: 02/15/2019) (0)
Feb 15, 2019 229 Exhibits C to Wrubleski Declaration in Support of WaveForm's Opposition to Dexcom's Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness") re Response in Opposition to Motion, 226 , Declaration,,,, 228 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit C) (Eads, Scott) (Entered: 02/15/2019) (0)
Feb 15, 2019 230 Exhibits Y to Wrubleski Declaration in Support of WaveForm's Opposition to Dexcom's Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness") re Response in Opposition to Motion, 226 , Declaration,,,, 228 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit Y) (Eads, Scott) (Entered: 02/15/2019) (0)
Feb 15, 2019 231 Exhibits D, J-S, U-X, and Z to Wrubleski Declaration in Support of WaveForm's Opposition to Dexcom's Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness") re Response in Opposition to Motion, 226 , Declaration,,,, 228 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q, # 10 Exhibit R, # 11 Exhibit S, # 12 Exhibit U, # 13 Exhibit V, # 14 Exhibit W, # 15 Exhibit X, # 16 Exhibit Z) (Eads, Scott) (Entered: 02/15/2019) (0)
Feb 12, 2019 225 Notice of Attorney Withdrawal: Angela E. Addae Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 02/12/2019) (0)
Feb 8, 2019 222 Notice of Appearance of Salumeh R. Loesch appearing on behalf of Dexcom, Inc. Filed by on behalf of Dexcom, Inc.. (Loesch, Salumeh) (Entered: 02/08/2019) (0)
Feb 8, 2019 223 Motion for Leave to File Sur-Reply in Opposition to Defendant Dexcom's Motion for Leave to Add Defenses in Its Answer to Plaintiff's Second Amended and Supplemental Complaint. Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit A) (Aldrich, Nicholas) (Entered: 02/08/2019) (0)
Feb 8, 2019 224 Response in Opposition to Plaintiff's Motion for Leave to File a Sur-Reply in Response to Defendant's Motion for Leave to Include Three Contested Defenses in its Answer to Plaintiff's New Complaint to Motion for Leave to File Sur-Reply in Opposition to Defendant Dexcom's Motion for Leave to Add Defenses in Its Answer to Plaintiff's Second Amended and Supplemental Complaint 223 . Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 02/08/2019) (0)
Feb 1, 2019 219 Reply in Support of to Motion for Leave to File Amended Complaint/Petition - Second Amended and Supplemental Complaint 199 Oral Argument requested. Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 02/01/2019) (0)
Feb 1, 2019 220 Reply to Motion for Leave To Include Three Contested Defenses In Its Answer To Plaintiff WaveForm Technologies, Inc.'s New Complaint 202 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 02/01/2019) (0)
Feb 1, 2019 221 Declaration of Marla Beier in Support of Dexcom, Inc.'s Reply in Support of Motion for Leave to Include Three Contested Defenses in its Answer to Plaintiff's New Complaint. Filed by Dexcom, Inc.. (Related document(s): Reply to Motion, 220 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Vandenberg, John) (Entered: 02/01/2019) (0)
Jan 30, 2019 218 Sur-Reply to Plaintiff's Reply to Motion for Partial Summary Judgment That Defendant is Judicially Estopped to Assert Invalidity Based on Indefiniteness 185 , Reply to Motion 205 Oral Argument requested. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 01/30/2019) (0)
Jan 24, 2019 217 Notice re Declaration,, 215 Corrections to the Declaration of Marla Beier in Support of Dexcom's Opposition to WaveForm's Motion for Leave to File Second Amended and Supplemental Complaint (ECF Nos. 215, 215-3 & 215-15) Filed by Dexcom, Inc.. (Related document(s): Declaration,, 215 .) (Attachments: # 1 Corrected Beier Declaration, # 2 Corrected Exhibit 4, # 3 Corrected Exhibit 16) (Davis, Scott) (Entered: 01/24/2019) (0)
Jan 18, 2019 211 Response in Opposition to Motion for Leave To Include Three Contested Defenses In Its Answer To Plaintiff WaveForm Technologies, Inc.'s New Complaint 202 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 01/18/2019) (0)
Jan 18, 2019 212 Declaration of Nika Aldrich in Support of Plaintiff's Opposition to Defendant's Motion for Leave to File Amended Answer Adding Three Defenses. Filed by WaveForm Technologies, Inc.. (Related document(s): Response in Opposition to Motion, 211 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Aldrich, Nicholas) (Entered: 01/18/2019) (0)
Jan 18, 2019 213 Exhibits 8 to the Declaration of Nika Aldrich in Support of Plaintiff's Opposition to Defendant's Motion for Leave to File Amended Answer Adding Three Defenses re Declaration, 212 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit 8) (Aldrich, Nicholas) (Entered: 01/18/2019) (0)
Jan 18, 2019 214 Response in Opposition to Motion for Leave to File Second Amended and Supplemental Complaint to Motion for Leave to File Amended Complaint/Petition - Second Amended and Supplemental Complaint 199 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 01/18/2019) (0)
Jan 18, 2019 215 Declaration of Marla Beier in Support of Defendant's Opposition to Plaintiff's Motion for Leave to File Second Amended and Supplemental Complaint. Filed by Dexcom, Inc.. (Related document(s): Response in Opposition to Motion, 214 .) (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 19, # 18 Exhibit 20, # 19 Exhibit 21, # 20 Exhibit 22) (Davis, Scott) (Entered: 01/18/2019) (0)
Jan 18, 2019 216 Exhibits 1 and 18 to the Declaration of Marla Beier in Support of Defendant's Opposition to Plaintiffs Motion for Leave to File Amended and Supplemental Complaint re Response in Opposition to Motion, 214 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 18) (Davis, Scott) (Entered: 01/18/2019) (0)
Jan 16, 2019 210 ORDER: Defendant's Motion for Leave to File a Sur-Reply 209 of up to ten pages is GRANTED. Any Sur-Reply is due fourteen days from the date this order is filed. Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/16/2019) (0)
Jan 14, 2019 208 Joint Notice re Motion for Partial Summary Judgment 185 /Statement Concerning Oral Argument re: Plaintiff's Motion for Summary Judgment That Defendant Is Judicially Estopped To Assert Invalidity Based On Indefiniteness Filed by Dexcom, Inc.. (Related document(s): Motion for Partial Summary Judgment 185 .) (Davis, Scott) (Entered: 01/14/2019) (0)
Jan 14, 2019 209 Motion for Leave To File Sur-Reply In Support Of Its Opposition To Plaintiff's Motion For Partial Summary Judgment Re: Judicial Stoppel (ECF No. 185). Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 01/14/2019) (0)
Jan 9, 2019 207 Notice of Attorney Withdrawal: Kenneth S. Luchesi and Randall E. Kay Filed by Dexcom, Inc.. (Woodmansee, M.) (Entered: 01/09/2019) (0)
Jan 8, 2019 205 Reply to Motion for Partial Summary Judgment That Defendant is Judicially Estopped to Assert Invalidity Based on Indefiniteness 185 Oral Argument requested. Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 01/08/2019) (0)
Jan 8, 2019 206 Declaration of Jason A. Wrubleski in Support of WaveForm's Reply Regarding Motion for Partial Summary Judgment of Judicial Estoppel [Dkt. No. 185]. Filed by WaveForm Technologies, Inc.. (Related document(s): Reply to Motion 205 .) (Attachments: # 1 Exhibit (s) 25-38) (Eads, Scott) (Entered: 01/08/2019) (0)
Jan 4, 2019 197 Joint Stipulation and [Proposed] Order Dismissing the Parties' Claims and Counterclaims Regarding U.S. Pat. No. 7,529,574 by WaveForm Technologies, Inc.. Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 01/04/2019) (0)
Jan 4, 2019 198 ORDER DISMISSING THE PARTIES' CLAIMS AND COUNTERCLAIMS REGARDING U.S. PAT. NO. 7,529,574. Signed on 1/4/2019 by Judge Michael W. Mosman. (kms) (Entered: 01/04/2019) (0)
Jan 4, 2019 199 Motion for Leave to File Amended Complaint/Petition - Second Amended and Supplemental Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 01/04/2019) (0)
Jan 4, 2019 200 Declaration of Nika Aldrich in Support of WaveForm's Motion for Leave to File a Second Amended and Supplemental Complaint. Filed by WaveForm Technologies, Inc.. (Related document(s): Motion for Leave to File Amended Complaint/Petition, 199 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-H, # 4 Exhibit I, # 5 Exhibit J) (Aldrich, Nicholas) (Entered: 01/04/2019) (0)
Jan 4, 2019 201 Exhibits C-H and J to the Declaration of Nika Aldrich in Support of WaveForm's Motion for Leave to File a Second Amended and Supplemental Complaint re Declaration, 200 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit C, # 2 Exhibit D-G and J, # 3 Exhibit H) (Aldrich, Nicholas) (Entered: 01/04/2019) (0)
Jan 4, 2019 202 Motion for Leave To Include Three Contested Defenses In Its Answer To Plaintiff WaveForm Technologies, Inc.'s New Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit A) (Davis, Scott) (Entered: 01/04/2019) (0)
Jan 4, 2019 203 Declaration of Marla Beier In Support Of Defendant Dexcom, Inc.S Motion For Leave To Include Three Contested Defenses In Its Answer To Plaintiff Waveform Technologies, Inc.S New Complaint. Filed by Dexcom, Inc.. (Related document(s): Motion for Leave, 202 .) (Attachments: # 1 Exhibit 2, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 9, # 7 Exhibit 10) (Davis, Scott) (Entered: 01/04/2019) (0)
Jan 4, 2019 204 Exhibits 1, 3, 8 And 11 To The Declaration Of Marla Beier In Support Of Defendant Dexcom, Inc.s Motion For Leave To Include Three Contested Defenses In Its Answer To Plaintiff Waveform Technologies, Inc.s New Complaint re Motion for Leave To Include Three Contested Defenses In Its Answer To Plaintiff WaveForm Technologies, Inc.'s New Complaint 202 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 8, # 4 Exhibit 11) (Davis, Scott) (Entered: 01/04/2019) (0)
Dec 26, 2018 195 Supplemental Declaration of Nika Aldrich Attaching Inter Partes Review Decisions Cited in Plaintiff's Opening Memorandum in Support of Motion for Partial Summary Judgment of Judicial Estoppel. Filed by WaveForm Technologies, Inc.. (Related document(s): Declaration,, 186 , Motion for Partial Summary Judgment 185 , Exhibits,, 187 .) (Attachments: # 1 Exhibit 15, # 2 Exhibit 16, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 19, # 6 Exhibit 20, # 7 Exhibit 21, # 8 Exhibit 22, # 9 Exhibit 23, # 10 Exhibit 24) (Aldrich, Nicholas) (Entered: 12/26/2018) (0)
Dec 26, 2018 196 Opinion and Order Regarding WaveForm's 56(d) Motion: I GRANT Waveform's Motion Pursuant to Fed. R. Civ. P. 56(d) 172 and generally adopt Waveform's proposed briefing schedule with slight modifications in light of the holiday season. Dexcom must complete its document and email productions on or before January 11, 2019. Waveform must take the depositions of Dexcom and its expert by January 25, 2019, Waveform must file its response brief on or before February 15, 2019. Dexcom must file its reply brief, if any, within fourteen days of service of WaveForm's response. Signed on 12/26/2018 by Judge Michael W. Mosman. (kms) (Entered: 01/02/2019) (0)
Dec 21, 2018 194 ORDER: The Court GRANTS WaveForm Technologies Unopposed Motion for Extension of Time to File Respond/Reply to Motion for Partial Summary Judgment 193 . The Reply is due by January 9, 2019. Ordered by Judge Michael W. Mosman. (kms) (Entered: 12/21/2018) (0)
Dec 20, 2018 193 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment That Defendant is Judicially Estopped to Assert Invalidity Based on Indefiniteness 185 . Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 12/20/2018) (0)
Dec 19, 2018 190 ORDER: The parties' Joint Motion to Extend Deadline to Amend Pleadings 189 is GRANTED. The new deadline is January 4, 2019. Ordered by Judge Michael W. Mosman. (kms) (Entered: 12/19/2018) (0)
Dec 19, 2018 191 Response in Opposition to Plaintiff's Motion for Partial Summary Judgment Re: Judicial Estoppel to Motion for Partial Summary Judgment That Defendant is Judicially Estopped to Assert Invalidity Based on Indefiniteness 185 . Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 12/19/2018) (0)
Dec 19, 2018 192 Declaration of Marla Beier in Support of Dexcom, Inc.'s Opposition to Plaintiff's Motion for Partial Summary Judgment Re: Judicial Estoppel. Filed by Dexcom, Inc.. (Related document(s): Response in Opposition to Motion, 191 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13) (Davis, Scott) (Entered: 12/19/2018) (0)
Dec 18, 2018 189 Joint Motion for Extension of Time to Amend Pleadings. Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 12/18/2018) (0)
Dec 12, 2018 188 Notice of Attorney Substitution:Attorney Cristin A. Wagner is substituted as counsel of record in place of Attorney Aukjen Tadema Ingraham Filed by WaveForm Technologies, Inc.. (Wagner, Cristin) (Entered: 12/12/2018) (0)
Dec 3, 2018 185 Motion for Partial Summary Judgment That Defendant is Judicially Estopped to Assert Invalidity Based on Indefiniteness. Oral Argument requested. Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 12/03/2018) (0)
Dec 3, 2018 186 Declaration of Nika Aldrich in Support of Plaintiff WaveForm's Motion for Partial Summary Judgment of No Indefiniteness. Filed by WaveForm Technologies, Inc.. (Related document(s): Motion for Partial Summary Judgment 185 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11 slip sheet, # 12 Exhibit 12 slip sheet, # 13 Exhibit 13 slip sheet, # 14 Exhibit 14) (Eads, Scott) (Entered: 12/03/2018) (0)
Dec 3, 2018 187 Exhibits 11, 12, and 13 to the Declaration of Nika Aldrich in Support of Plaintiff WaveForm's Motion for Partrial Summary Judgment of No Indefiniteness re Declaration,, 186 , Motion for Partial Summary Judgment That Defendant is Judicially Estopped to Assert Invalidity Based on Indefiniteness 185 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13) (Eads, Scott) (Entered: 12/03/2018) (0)
Nov 12, 2018 181 Reply to Motion for Extension of Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d) 172 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 11/12/2018) (0)
Nov 12, 2018 182 Declaration of Audrey A. Fasching, Ph.D., P.E. in Support of WaveForm's Motion to Extend Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Reply to Motion, 181 .) (Eads, Scott) (Entered: 11/12/2018) (0)
Nov 12, 2018 183 Supplemental Declaration of Jason A. Wrubleski in Support of WaveForm's Motion to Extend Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d). Filed by WaveForm Technologies, Inc.. (Related document(s): Reply to Motion, 181 .) (Attachments: # 1 Exhibit 10-slip sheet, # 2 Exhibit 11) (Eads, Scott) (Entered: 11/12/2018) (0)
Nov 12, 2018 184 Exhibits 10 to the Supplemental Declaration of Jason A. Wrubleski in Support of WaveForm's Motion to Extend Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d) re Declaration, 183 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit 10) (Eads, Scott) (Entered: 11/12/2018) (0)
Nov 6, 2018 180 ORDER: Defendant Dexcom, Inc. is directed to file it's response, if any, to plaintiff Waveform Technologies, Inc.'s Motion to Extend the Time for Opposition to Dexcom's Motion for Summary Judgment 172 on or before Tuesday, November 20, 2018. Waveform's reply, if any, is due seven days after the filing of any response filed by Dexcom. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/06/2018) (0)
Nov 5, 2018 176 Request - Joint Submission Regarding WaveForm's Request for Conference Concerning Briefing Schedule for Dexcom's Motion for Summary Judgment of Invalidity (Indefiniteness) in View of WaveForm's Motion to Extend Time Under Rule 56(d). Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 11/05/2018) (0)
Nov 5, 2018 177 Memorandum in Opposition to Plaintiff's Rule 56(d) Motion to Motion for Extension of Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d) 172 . Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 11/05/2018) (0)
Nov 5, 2018 178 Declaration of Marla Beier in Support of Defendant's Opposition to Plaintiff's Rule 56(d) Motion. Filed by Dexcom, Inc.. (Related document(s): Memorandum in Opposition, 177 .) (Davis, Scott) (Entered: 11/05/2018) (0)
Nov 5, 2018 179 Exhibits A-G to the Declaration of Marla Beier in Support of Defendant's Opposition to Plaintiff's Rule 56(d) Motion re Declaration 178 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Davis, Scott) (Entered: 11/05/2018) (0)
Nov 1, 2018 172 Motion for Extension of Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 11/01/2018) (0)
Nov 1, 2018 173 Declaration of Scott D. Eads in Support of WaveForm's Motion to Extend Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Motion for Extension of Time, 172 .) (Eads, Scott) (Entered: 11/01/2018) (0)
Nov 1, 2018 174 Declaration of Jason A. Wrubleski in Support of WaveForm's Motion to Extend Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d). Filed by WaveForm Technologies, Inc.. (Related document(s): Motion for Extension of Time, 172 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 slip sheet, # 5 Exhibit 5 slip sheet, # 6 Exhibit 6 slip sheet, # 7 Exhibit 7 slip sheet, # 8 Exhibit 8, # 9 Exhibit 9) (Eads, Scott) (Entered: 11/01/2018) (0)
Nov 1, 2018 175 Exhibits 4, 5, 6, and 7 to the Declaration of Jason A. Wrubleski in Support of WaveForm's Motion to Extend Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d) re Motion for Extension of Time for Opposition to Dexcom's Motion for Summary Judgment of Invalidity ("Indefiniteness") Pursuant to Fed. R. Civ. P. 56(d) 172 , Declaration,, 174 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 7) (Eads, Scott) (Entered: 11/01/2018) (0)
Oct 31, 2018 171 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Scheduling Conference held on 10/3/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/7/2018. Redaction Request due 11/21/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/29/2019. (Shumway, Bonita) (Entered: 10/31/2018) (0)
Oct 19, 2018 168 Motion for Summary Judgment of Invalidity of '202 and '433 Patent Claims ("Indefiniteness"). Oral Argument requested. Filed by Dexcom, Inc.. (Vandenberg, John) (Entered: 10/19/2018) (0)
Oct 19, 2018 169 Declaration of Marla Beier in support of Dexcoms Motion for Summary Judgment of Invalidity of 202 and 433 Patent Claims. Filed by Dexcom, Inc.. (Related document(s): Motion for Summary Judgment 168 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26) (Vandenberg, John) (Entered: 10/19/2018) (0)
Oct 19, 2018 170 Declaration of Joseph Eder in support of Defendant's Motion for Summary Judgment of Invalidity. Filed by Dexcom, Inc.. (Related document(s): Motion for Summary Judgment 168 .) (Vandenberg, John) (Entered: 10/19/2018) (0)
Oct 10, 2018 165 ORDER: The stay in this case is lifted and the case will proceed according to the schedule set forth in Minutes of the October 3, 2018, status conference 162 and the Trial Management Order. Ordered by Judge Michael W. Mosman. (kms) (Entered: 10/10/2018) (0)
Oct 9, 2018 166 TRIAL MANAGEMENT ORDER. Signed on 10/9/18 by Judge Michael W. Mosman. (dls) Modified on 10/10/2018 (dls). (Entered: 10/10/2018) (0)
Oct 9, 2018 167 SUPPLEMENTAL JURY TRIAL MANAGEMENT ORDER REGARDING USE OF THE JERS SYSTEM. Signed on 10/9/18 by Judge Michael W. Mosman. (dls) (Entered: 10/10/2018) (0)
Oct 3, 2018 162 MINUTES of Proceedings: Telephone Scheduling Conference held. Order ADOPTING in part the Parties' Joint Report and Proposed Amended Case Management Schedule 161 . Dexcom will serve updated invalidity contentions no later than 11/21/2018. The deadline to add parties/amend pleadings is 12/20/2018. Fact discovery will be completed by 5/1/2019. Opening Expert Disclosures and Reports due by 6/5/2019. Rebuttal Expert Disclosures and Reports due by 7/9/2019. Expert discovery will be completed by 8/2/2019. Dispositive Motions are due by 8/30/2019. Motions to Exclude or Limit Expert Testimony due by 8/30/2019. Responses to Dispositive Motions and Motions to exclude or limit expert testimony are due by 9/27/2019. Replies to Dispositive Motions and Motions to exclude or limit expert testimony are due by 10/18/2019. Oral Argument on Dispositive Motions and Motions to Limit and Exclude Expert Testimony is set for 11/7/2019 at 10:00AM - 12:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Motions in limine will be filed by 12/20/2019. Responses to Motions in Limine are due by 1/6/2020. 1st Pretrial Conference is set for 1/21/2020 at 02:00PM - 04:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. 2nd Pretrial Conference is set for 1/27/2020 at 02:00PM - 04:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. 9-day Jury Trial is set for 2/11/2020 at 09:00AM in Portland Courtroom 16 before Judge Michael W. Mosman. Trial Management and JERS Order to follow. Scott D. Eads and Ncholas F. Aldrich, Jr. present as counsel for plaintiff(s). Scott E. Davis, Kristin Cleveland and John Vandenberg present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls) (Entered: 10/03/2018) (0)
Oct 3, 2018 163 Notice of Appearance of John D. Vandenberg appearing on behalf of Dexcom, Inc. Filed by on behalf of Dexcom, Inc.. (Vandenberg, John) (Entered: 10/03/2018) (0)
Oct 3, 2018 164 Notice of Appearance of Kristin L. Cleveland appearing on behalf of Dexcom, Inc. Filed by on behalf of Dexcom, Inc.. (Cleveland, Kristin) (Entered: 10/03/2018) (0)
Oct 1, 2018 161 Joint Report and Proposed Amended Case Management Schedule. Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 10/01/2018) (0)
Jun 4, 2018 160 Notice of Attorney Withdrawal: Michael Weinstein Filed by Dexcom, Inc.. (Woodmansee, M.) (Entered: 06/04/2018) (0)
May 7, 2018 159 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on 4/2/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/14/2018. Redaction Request due 5/29/2018. Redacted Transcript Deadline set for 6/7/2018. Release of Transcript Restriction set for 8/6/2018. (Shumway, Bonita) (Entered: 05/07/2018) (0)
Apr 2, 2018 158 MINUTES of Proceedings: Telephone Status Conference held. The Stay is continued. Telephone Status Conference is set for 10/3/2018 at 11:45AM in Portland by telephone before Judge Michael W. Mosman. The parties to call the court's conference line. Scott D. Eads, Jason A. Wrubleski and Nicholas F. Aldrich, Jr. present as counsel for plaintiff(s). Calvin P. Griffith and M. Andrew Woodmansee and Scott E. Davis present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls) (Entered: 04/02/2018) (0)
Mar 19, 2018 157 Order: The Court will address WaveForm Technologies, Inc.'s Notice of Final Written Decision 155 and Dexcom Inc.'s Response 156 at the previously-scheduled Telephone Status Conference on 4/2/2018 at 11:30AM. Ordered by Judge Michael W. Mosman. (dls) (Entered: 03/19/2018) (0)
Mar 16, 2018 156 Notice re Notice 155 Dexcom, Inc.'s Response to WaveForm's Notice of Final Written Decisions in Inter Partes Review of '202 and '433 Patents Filed by Dexcom, Inc.. (Related document(s): Notice 155 .) (Woodmansee, M.) (Entered: 03/16/2018) (0)
Mar 13, 2018 155 Notice of Final Written Decision in Inter Partes Reviews of the '202 and '433 Patents Filed by WaveForm Technologies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Eads, Scott) (Entered: 03/13/2018) (0)
Nov 6, 2017 154 Notice of Related Cases Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 11/06/2017) (0)
Sep 28, 2017 153 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on 9/21/2017 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/5/2017. Redaction Request due 10/19/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/27/2017. (Shumway, Bonita) (Entered: 09/28/2017) (0)
Sep 22, 2017 152 Notice of Attorney Withdrawal: Micah D. Stolowitz Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 09/22/2017) (0)
Sep 21, 2017 151 MINUTES of Proceedings: Telephone Status Conference held. The Stay is continued. Telephone Status Conference is set for 4/2/2018 at 11:30AM before Judge Michael W. Mosman. Aukjen Tadema Ingraham, Jason Wrubleski present as counsel for plaintiff(s). Calvin Griffith, M. Andrew Woodmansee, Scott Davis present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (kms) (Entered: 09/21/2017) (0)
Sep 7, 2017 150 ORDER: The Court DENIES third-party Agamatrix's Motion for Relief from Protective Order, Challenging a Privilege Designation, and for Relief from Stay 143 on the grounds that, as third-party, Agamatrix lacks standing to challenge the Stipulated Protective Order, and even assuming arguendo that Agamatrix had standing, it has not shown good cause to lift the stay in this case because it has not established why it can not conduct this discovery in the case Dexcom filed against it in the Central District of California. Ordered by Judge Michael W. Mosman. (kms) (Entered: 09/07/2017) (0)
Jul 14, 2017 147 Reply to Dexcom's Response to Third Party Motion for Relief from Protective Order, Challenging a Privilege Designation, and for Relief From Stay 143 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 07/14/2017) (0)
Jul 14, 2017 148 Declaration of Nicholas F. Aldrich in Support of Third-Party AgaMatrix, Inc.'s Reply in Support of Motion for Relief From Protective Order, Challenging a Privilege Designation, and for Relief From Stay. Filed by Agamatrix, Inc.. (Related document(s): Reply to Motion, 147 .) (Attachments: # 1 Exhibit J slipsheet - Filed Under Seal, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M) (Aldrich, Nicholas) (Entered: 07/14/2017) (0)
Jul 14, 2017 149 Exhibits J to Declaration of Nicholas F. Aldrich in Support of Third-Party AgaMatrix, Inc.'s Reply in Support of Motion for Relief From Protective Order, Challenging a Privilege Designation, and for Relief From Stay re Reply to Motion, 147 , Declaration, 148 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Attachments: # 1 Exhibit J) (Aldrich, Nicholas) (Entered: 07/14/2017) (0)
Jun 30, 2017 146 Response in Opposition to Third Party Motion for Relief from Protective Order, Challenging a Privilege Designation, and for Relief From Stay 143 Oral Argument requested. Filed by Dexcom, Inc.. (Attachments: # 1 Declaration of Patrick Murphy, # 2 Declaration of M. Andrew Woodmansee, # 3 Proof of Service) (Woodmansee, M.) (Entered: 06/30/2017) (0)
Jun 16, 2017 143 Third Party Motion for Relief from Protective Order, Challenging a Privilege Designation, and for Relief From Stay. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 06/16/2017) (0)
Jun 16, 2017 144 Declaration of Nicholas F. Aldrich in Support of Third-Party AgaMatrix, Inc.'s Motion for Relief from Protective Order, Challenging a Privilege Designation, and for Relief From Stay. Filed by Agamatrix, Inc.. (Related document(s): Motion - Miscellaneous, 143 .) (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I) (Aldrich, Nicholas) (Entered: 06/16/2017) (0)
Jun 16, 2017 145 Exhibits A and B to the Declaration of Nicholas F. Aldrich in Support of Third-Party AgaMatrix, Inc.'s Motion for Relief from Protective Order, Challenging a Privilege Designation, and for Relief From Stay re Declaration, 144 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part I, # 3 Exhibit B - Part II, # 4 Exhibit B - Part III) (Aldrich, Nicholas) (Entered: 06/16/2017) (0)
Apr 14, 2017 142 Notice of Attorney Withdrawal: Matthew A. Ferry Filed by Dexcom, Inc. (Kay, Randall) (Entered: 04/14/2017) (0)
Apr 7, 2017 141 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Oral Argument held on March 22, 2017 before Judge Michael W. Mosman, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/14/2017. Redaction Request due 4/28/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/6/2017. (LeGore, Amanda) (Entered: 04/07/2017) (0)
Mar 22, 2017 140 MINUTES of Proceedings: Telephone Status Conference held. Motion for Stay 49 granted as to all three patents at issue in this case. Motion to Compel 115 is DENIED, with the caveat that Defendant has a duty to provide documents related to its invalidity defense and failure to do so may preclude assertion of such defense. Motion to Compel 136 is DENIED to the extent Defendant does not have documents to provide, however, Defendant is ordered to provide any responsive documents that become available. The Joint Motion for Extension of Discovery & PTO Deadlines is DENIED 125 . A telephone status conference to update the Court on the status of PTAB's review of the patents in this case is scheduled for September 21, 2017 at 10:00am by telephone before Judge Michael W. Mosman. The parties are to call the court's conference call-in number. Scott D. Eads, Jason A. Wrubleski, Micah D. Stolowitz present as counsel for plaintiff(s). Calvin P. Griffitth, M. Andrew Woodmansee, Randall E. Kay present as counsel for defendant(s). (Court Reporter Amanda Legore.)Judge Michael W. Mosman presiding. (rs) (Entered: 03/22/2017) (0)
Mar 10, 2017 138 Scheduling Order by Judge Michael W. Mosman. Telephone Status Conference is set for 3/22/2017 at 11:30AM by telephone in Portland before Judge Michael W. Mosman. The parties to call the court's conference line. Ordered by Judge Michael W. Mosman. (rs) Modified on 3/10/2017 (rs). (Entered: 03/10/2017) (0)
Mar 10, 2017 139 Objection to Defendant Dexcom's Position Statement in Joint Status Report Regarding Dexcom's Petitions for Inter Partes Review. Filed by WaveForm Technologies, Inc.. (Related document(s): Joint Status Report 130 .) (Eads, Scott) Modified docket text to reflect pdf attachment on 3/14/2017 (cib). (Entered: 03/10/2017) (0)
Mar 8, 2017 130 Joint Status Report Regarding Dexcom's Petitions for Inter Partes Review. Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Woodmansee, M.) (Entered: 03/08/2017) (0)
Mar 8, 2017 131 Response in Opposition to Motion to Compel Production of Documents and Supplementation of Dexcom's Privilege Log 115 Oral Argument requested. Filed by Dexcom, Inc.. (Woodmansee, M.) (Entered: 03/08/2017) (0)
Mar 8, 2017 132 Declaration of Matthew A. Ferry in Support of Dexcom's Response to Motion to Compel Production of Documents and Supplementation of Dexcom's Privilege Log 115 Oral Argument requested. Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (Woodmansee, M.) Modified docket text to declaration on 3/9/2017 (cib). (Entered: 03/08/2017) (0)
Mar 8, 2017 133 Declaration of Jake Leach in Support of Dexcom's Response to Motion to Compel Production of Documents and Supplementation of Dexcom's Privilege Log 115 Oral Argument requested. Filed by Dexcom, Inc.. (Woodmansee, M.) Modified docket text on 3/9/2017 (cib). (Entered: 03/08/2017) (0)
Mar 8, 2017 134 Declaration of Anita Rees in Support of Dexcom's Response to Motion to Compel Production of Documents and Supplementation of Dexcom's Privilege Log 115 Oral Argument requested. Filed by Dexcom, Inc.. (Woodmansee, M.) Modified docket text on 3/9/2017 (cib). (Entered: 03/08/2017) (0)
Mar 8, 2017 135 Declaration of Matthew A. Ferry in Support of Dexcom's Response to Motion to Compel Production of Documents and Supplementation of Dexcom's Privilege Log 115 Oral Argument requested. Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (Woodmansee, M.) Modified docket text on 3/9/2017 (cib). (Entered: 03/08/2017) (0)
Mar 8, 2017 136 Motion to Compel Discovery Relating to the Objective Indicia of Non-Obviousness. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested.Expedited Hearing requested. Filed by WaveForm Technologies, Inc.. (Eads, Scott) (Entered: 03/08/2017) (0)
Mar 8, 2017 137 Declaration of Jason A. Wrubleski in Support of Plaintiff WaveForm's Motion to Compel Discovery Relating to the Objective Indicia of Non-Obviousness. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by WaveForm Technologies, Inc.. (Related document(s): Motion to compel, 136 .) (Attachments: # 1 Exhibit A-M, # 2 Exhibit N, # 3 Exhibit O-V, # 4 Exhibit W, # 5 Exhibit X-Z, # 6 Exhibit AA) (Eads, Scott) (Entered: 03/08/2017) (0)
Mar 6, 2017 129 Notice of Appearance of Angela E. Addae appearing on behalf of WaveForm Technologies, Inc. Filed by on behalf of WaveForm Technologies, Inc. (Addae, Angela) (Entered: 03/06/2017) (0)
Mar 3, 2017 125 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by WaveForm Technologies, Inc.. (Aldrich, Nicholas) (Entered: 03/03/2017) (0)
Mar 3, 2017 126 Notice of Change of Address. Filed by Dexcom, Inc. (Kay, Randall) (Entered: 03/03/2017) (0)
Mar 3, 2017 127 Notice of Change of Address. Filed by Dexcom, Inc. (Woodmansee, M.) (Entered: 03/03/2017) (0)
Mar 3, 2017 128 Notice of Change of Address. Filed by Dexcom, Inc. (Ferry, Matthew) (Entered: 03/03/2017) (0)
Feb 28, 2017 123 ORDER: Granting Application for Special Admission Pro Hac Vice of Michael S. Weinstein for Dexcom, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4920521 issued. Signed on 2/28/2017 by Judge Michael W. Mosman. (ecp) (Entered: 02/28/2017) (0)
Feb 28, 2017 124 Notification of CM/ECF Account for Michael S. Weinstein (Pro Hac Vice admission). Your login is: msweinstein. Go to the CM/ECF login page to set your password. (ecp) (Entered: 02/28/2017) (0)
Feb 24, 2017 120 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Markman Hearing held on 2/10/2017 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/6/2017. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (Shumway, Bonita) (Entered: 02/24/2017) (0)
Feb 24, 2017 121 Order regarding Motion to Substitute a Party AgaMatrix's Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest Pursuant to Fed. R. Civ. P. 25(c) 98 , Stipulation, 114 . WaveForm Technologies, Inc. is substituted for AgaMatrix, Inc. as plaintiff and as counterclaim defendant in the above-captioned litigation. Signed on 02/24/2017 by Judge Michael W. Mosman. (rs) Modified on 2/28/2017 (rs). (Entered: 02/27/2017) (0)
Feb 24, 2017 122 Motion for Leave to Appear Pro Hac Vice for Attorney Michael S. Weinstein . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4920521. Filed by Dexcom, Inc.. (Davis, Scott) Modified on 2/28/2017 (rs). (Entered: 02/27/2017) (0)
Feb 23, 2017 119 Joint Proposed Form of Order Submitted Regarding AgaMatrix's Pending Motion to Substitute WaveForm Technologies, Inc. as Real Plaintiff-in-Interest. Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 02/23/2017) (0)
Feb 22, 2017 115 Motion to Compel Production of Documents and Supplementation of Dexcom's Privilege Log. Oral Argument requested. Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 02/22/2017) (0)
Feb 22, 2017 116 Declaration of Arthur L. Rosenthal, Ph.D. in Support of Plaintiff AgaMatrix's Motion to Compel Production of Documents from Defendant Dexcom. Filed by Agamatrix, Inc.. (Related document(s): Motion to compel 115 .) (Eads, Scott) (Entered: 02/22/2017) (0)
Feb 22, 2017 117 Declaration of Aukjen T. Ingraham in Support of Plaintiff AgaMatrix's Motion to Compel Production of Documents from Defendant Dexcom. Filed by Agamatrix, Inc.. (Related document(s): Motion to compel 115 .) (Attachments: # 1 Exhibit 1 - 10, # 2 Exhibit 11-14, # 3 Exhibit 15-18, # 4 Exhibit 19 and 21) (Eads, Scott) (Entered: 02/22/2017) (0)
Feb 22, 2017 118 Exhibits 20 to the Declaration of Aukjen T. Ingraham in Support of AgaMatrix's Motion to Compel Production of Documents from Defendant Dexcom re Declaration, 117 , Motion to Compel Production of Documents and Supplementation of Dexcom's Privilege Log 115 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 02/22/2017) (0)
Feb 20, 2017 114 Joint Stipulation re Motion to Substitute a Party AgaMatrix's Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest Pursuant to Fed. R. Civ. P. 25(c) 98 by Agamatrix, Inc.. Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 02/20/2017) (0)
Feb 14, 2017 112 ORDER: Defendant's Motion for Stay Discovery and Deadlines Related to the '433 and '202 patents 49 has been taken under advisement. Parties are ORDERED to provide a Joint Status Report within forty-eight hours of receiving a ruling from the petition for inter pares review, or by March 9, 2017, whichever date is earlier. Dexcom's Objections to the Declaration of Ellen Anderson 105 are overruled. Ordered by Judge Michael W. Mosman. (rs) (Entered: 02/14/2017) (0)
Feb 14, 2017 113 Claim Construction Table. Ordered by Judge Michael W. Mosman. (rs) (Entered: 02/14/2017) (0)
Feb 10, 2017 111 MINUTES of Proceedings: Oral argument on claim construction held. The Court adopted preliminary claim constructions for terms associated with the 202 and 433 patents. Final claims constructions for the 202, 433, and 574 patents will be provided in a separate civil minute order. Defendant's Motion for Stay Discovery and Deadlines Related to the '[433 and '202 patents 49 is taken under advisement. Defendant is ORDERED to respond to Plaintiff's Motion to Substitute a Party 98 no later than February 21, 2017. Scott D. Eads, Jason A. Wrubleski, Nicholas F. Aldrich present as counsel for plaintiff(s). Calvin P. Griffith, M. Andrew Woodmansee, Scott E. Davis present as counsel for defendant(s).(Court Reporter Bonita Shumway.) Judge Michael W. Mosman presiding. (rs) (Entered: 02/14/2017) (0)
Feb 9, 2017 108 ORDER: Granting Application for Special Admission Pro Hac Vice of Randall E. Kay for Dexcom, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4894491 issued. Signed on 2/9/2017 by Judge Michael W. Mosman. (ecp) (Entered: 02/09/2017) (0)
Feb 9, 2017 109 Notification of CM/ECF Account for Randall E. Kay (Pro Hac Vice admission). Your login is: rekay. Go to the CM/ECF login page to set your password. (ecp) (Entered: 02/09/2017) (0)
Feb 9, 2017 110 Exhibits Dexcom, Inc.'s Submission of Supplemental Evidence in Support of Claim Construction re Brief 55 . Filed by Dexcom, Inc.. (Attachments: # 1 Appendix A) (Davis, Scott) (Entered: 02/09/2017) (0)
Feb 8, 2017 107 Exhibits - Plaintiff AgaMatrix, Inc.'s Submission of Supplemental Evidence in Support of Claim Construction re Brief 56 , Brief 55 . Filed by Agamatrix, Inc.. (Attachments: # 1 Appendix A (part 1 of 5), # 2 Appendix A (part 2 of 5), # 3 Appendix A (part 3 of 5), # 4 Appendix A (part 4 of 5), # 5 Appendix A (part 5 of 5)) (Eads, Scott) (Entered: 02/08/2017) (0)
Feb 7, 2017 106 AgaMatrix, Inc.'s Response to Defendant Dexcom, Inc.'s Objections to the Declaration of Ellen Anderson. Filed by Agamatrix, Inc.. (Related document(s): Brief 105 .) (Attachments: # 1 Exhibit 1) (Aldrich, Nicholas) Modified docket text on 2/14/2017 (cib). (Entered: 02/07/2017) (0)
Feb 6, 2017 105 Dexcom, Inc.'s Objection to the Declaration of Ellen Anderson. Filed by Dexcom, Inc.. (Related document(s): Declaration 74 .) (Woodmansee, M.) Modified docket text on 2/14/2017 (cib). (Entered: 02/06/2017) (0)
Feb 3, 2017 97 Motion for Leave to Appear Pro Hac Vice for Attorney Randall E. Kay . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4894491. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 02/03/2017) (0)
Feb 3, 2017 98 Motion to Substitute a Party AgaMatrix's Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest Pursuant to Fed. R. Civ. P. 25(c). Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 02/03/2017) (0)
Feb 3, 2017 99 Declaration of Nicholas F. Aldrich in Support of AgaMatrix, Inc.'s Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest. Filed by Agamatrix, Inc.. (Related document(s): Motion to Substitute Party 98 .) (Attachments: # 1 Exhibit 3, # 2 Exhibit 5) (Aldrich, Nicholas) (Entered: 02/03/2017) (0)
Feb 3, 2017 100 Exhibits 1 to the Declaration of Nicholas F. Aldrich in Support of AgaMatrix, Inc.'s Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest re Declaration, 99 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 02/03/2017) (0)
Feb 3, 2017 101 Exhibits 2 to the Declaration of Nicholas F. Aldrich in Support of AgaMatrix, Inc.'s Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest re Declaration, 99 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 02/03/2017) (0)
Feb 3, 2017 102 Exhibits 4 to the Declaration of Nicholas F. Aldrich in Support of AgaMatrix, Inc.'s Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest re Declaration, 99 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 02/03/2017) (0)
Feb 3, 2017 103 Exhibits 6 to the Declaration of Nicholas F. Aldrich in Support of AgaMatrix, Inc.'s Motion to Substitute WaveForm Technologies, Inc. as Real Party in Interest re Declaration, 99 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Attachments: # 1 Exhibit Part 2 of 5, # 2 Exhibit Part 3 of 5, # 3 Exhibit Part 4 of 5, # 4 Exhibit Part 5 of 5) (Aldrich, Nicholas) (Entered: 02/03/2017) (0)
Feb 3, 2017 104 Amended Corporate Disclosure Statement . Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 02/03/2017) (0)
Jan 31, 2017 96 Clerk's Notice of Docket Correction regarding # 95 Supplement and Brief. The restriction level applied to this entry at filing was incorrect. The document should have been restricted pursuant to the protective order in this case. The document has been restricted to case participants pursuant to the protective order. The Notice of Electronic Filing will be regenerated to all parties. (eo) (Entered: 01/31/2017) (0)
Jan 30, 2017 93 ORDER: DENYING Motion for Partial Summary Judgment 45 , with leave to renew. Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/30/2017) (0)
Jan 30, 2017 94 ORDER: DENYING Motion for Extension of Time 90 . Disclosure of Intent to Rely on Advice of Counsel is due by 1/31/2017. Ordered by Judge Michael W. Mosman. (rs) (Entered: 01/30/2017) (0)
Jan 30, 2017 95 Supplement , Corrected Brief Defendant Dexcom, Inc.'s Corrected Responsive Claim Construction Brief. Filed by Dexcom, Inc.. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Related document(s): Brief 55 .) (Attachments: # 1 Attachment Attachment A) (Woodmansee, M.) Modified on 1/31/2017 to restrict the document, as it is subject to the protective order in this case. (eo) (Entered: 01/30/2017) (0)
Jan 26, 2017 92 Reply In Support of Its Motion for Extension of Time re Deadline to Disclose Intent to Rely on Advice of Counsel 90 . Filed by Dexcom, Inc.. (Woodmansee, M.) Modified docket text to reply instead of response on 1/27/2017 (cib). (Entered: 01/26/2017) (0)
Jan 25, 2017 91 Response in Opposition to Motion for Extension of Time re Deadline to Disclose Intent to Rely on Advice of Counsel 90 . Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 01/25/2017) (0)
Jan 24, 2017 90 Motion for Extension of Time re Deadline to Disclose Intent to Rely on Advice of Counsel. Expedited Hearing requested. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 01/24/2017) (0)
Jan 17, 2017 89 ORDER: GRANTING Motion to Continue 88 . RESETTING the Markman Hearing FROM 1/20/2017 at 09:00AM - 11:00AM and 1:30PM - 5:00PM, SET FOR 2/10/2017 at 09:00AM - 11:00AM and 1:30PM - 5:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/17/2017) (0)
Jan 11, 2017 88 Unopposed Motion to Continue To Amend The Scheduling Order To Re-Set Markman Hearing. Expedited Hearing requested. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 01/11/2017) (0)
Jan 9, 2017 86 Notice Dexcom, Inc.'s Reply in Support of Motion to Stay Discovery and Deadlines Related to the '433 and '202 Patents Filed by Dexcom, Inc. (Woodmansee, M.) (Entered: 01/09/2017) (0)
Jan 9, 2017 87 Second Declaration of M. Andrew Woodmansee in Support of Dexcom, Inc.'s Motion to Stay Discovery and Deadlines Related to the '433 and '202 Patents. Filed by Dexcom, Inc.. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 17, # 10 Exhibit 18, # 11 Exhibit 19, # 12 Exhibit 20, # 13 Exhibit 21, # 14 Exhibit 22, # 15 Exhibit 23, # 16 Exhibit 24, # 17 Exhibit 25) (Woodmansee, M.) (Entered: 01/09/2017) (0)
Jan 6, 2017 85 Joint ADR Report . Filed by Agamatrix, Inc..(Eads, Scott) (Entered: 01/06/2017) (0)
Dec 20, 2016 84 MINUTES of Proceedings: Telephone Status Conference held. The court will proceed with claim construction and after resolution will set a briefing schedule for summary judgment motions. Nicholas F. Aldrich, Jr. and Jason A. Wrubleski present as counsel for plaintiff(s). M. Andrew Woodmansee and Scott E. Davis present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls) (Entered: 12/21/2016) (0)
Dec 19, 2016 82 Response in Opposition to Dexcom, Inc.'s Motion to Stay Discovery and Deadlines Related to the '433 and '202 Patents (Dkt. No. 49). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Eads, Scott) Modified on docket text 12/29/2016 (cib). (Entered: 12/19/2016) (0)
Dec 19, 2016 83 Declaration of Nicholas F. Aldrich in Support of AgaMatrix, Inc.'s Response in Opposition to Dexcom, Inc.'s Motion to Stay. Filed by Agamatrix, Inc.. (Related document(s): Brief, 82 .) (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-14) (Eads, Scott) (Entered: 12/19/2016) (0)
Dec 16, 2016 73 Plaintiff's Response to Defendant's Opening Claim Construction Brief. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Related document(s): Brief 55 .) (Attachments: # 1 Appendix A) (Eads, Scott) Modified docket text on 12/29/2016 (cib). (Entered: 12/16/2016) (0)
Dec 16, 2016 74 Declaration of Ellen Anderson . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Related document(s): Brief, 73 .) (Attachments: # 1 Exhibit A) (Eads, Scott) (Entered: 12/16/2016) (0)
Dec 16, 2016 75 Supplemental Declaration of John L. Smith, Ph.D. in Support of Plaintiff's Resposne to Defendant's Opening Claim Construction Brief. Filed by Agamatrix, Inc.. (Related document(s): Brief, 73 .) (Attachments: # 1 Appendix A) (Eads, Scott) (Entered: 12/16/2016) (0)
Dec 16, 2016 76 Declaration of Jason A. Wrubleski in Support of Plaintiff's Response to Defendant's Opening Claim Construction Brief. Filed by Agamatrix, Inc.. (Related document(s): Brief, 73 .) (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10-20) (Eads, Scott) (Entered: 12/16/2016) (0)
Dec 16, 2016 77 Exhibits 21 to Declaration of Jason A. Wrubleski in Support of Plaintiff's Response to Defendant's Opening Claim Construction Brief re Declaration, 76 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 12/16/2016) (0)
Dec 16, 2016 78 Exhibits 22 to the Declaration of Jason A. Wrubleski in Support of Plaintiff's Response to Defendant's Opening Claim Construction Brief re Declaration, 76 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 12/16/2016) (0)
Dec 16, 2016 79 Brief Defendant Dexcom, Inc.'s Responsive Claim Construction Brief. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Brief 56 .) (Woodmansee, M.) (Entered: 12/16/2016) (0)
Dec 16, 2016 80 Declaration of M. Andrew Woodmansee in Support of Dexcom, Inc.'s Responsive Claim Construction Brief. Filed by Dexcom, Inc.. (Related document(s): Brief 79 .) (Attachments: # 1 Exhibit 18, # 2 Exhibit 19, # 3 Exhibit 20, # 4 Exhibit 21) (Woodmansee, M.) (Entered: 12/16/2016) (0)
Dec 16, 2016 81 Declaration of Seamus P. J. Higson, Ph.D., in Support of Defendant Dexcom, Inc.'s Responsive Claim Construction Brief. Filed by Dexcom, Inc.. (Related document(s): Brief 79 .) (Woodmansee, M.) (Entered: 12/16/2016) (0)
Dec 14, 2016 72 Scheduling Order by Judge Michael W. Mosman. Due to inclement weather RESETTING the Status Conference FROM 12/8/2016 at 4:00PM, SET FOR 12/20/2016 at 02:30PM in Portland by telephone before Judge Michael W. Mosman, regarding Motion for Partial Summary Judgment of Noninfringement 45 . The parties to call the court's conference line. Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/14/2016) (0)
Dec 13, 2016 69 ORDER: GRANTING Motion to Temporarily Suspend Briefing 66 . Plaintiff's Response will be due two weeks after the Court rules on Plaintiff's Objections 61 to Motion for Partial Summary Judgment 45 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/13/2016) (0)
Dec 13, 2016 70 Notice of Appearance of Micah D. Stolowitz appearing on behalf of Agamatrix, Inc. Filed by on behalf of Agamatrix, Inc. (Stolowitz, Micah) (Entered: 12/13/2016) (0)
Dec 13, 2016 71 Notice of Appearance of Aukjen Tadema Ingraham appearing on behalf of Agamatrix, Inc. Filed by on behalf of Agamatrix, Inc. (Ingraham, Aukjen) (Entered: 12/13/2016) (0)
Dec 12, 2016 67 Response to Motion for Extension of Time - Motion to Temporarily Suspend Briefing on Dexcom's Motion for Partial Summary Judgment Pending Scheduling Conference 66 . Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 12/12/2016) (0)
Dec 12, 2016 68 Reply to Motion for Extension of Time - Motion to Temporarily Suspend Briefing on Dexcom's Motion for Partial Summary Judgment Pending Scheduling Conference 66 . Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 12/12/2016) (0)
Dec 9, 2016 66 Motion for Extension of Time - Motion to Temporarily Suspend Briefing on Dexcom's Motion for Partial Summary Judgment Pending Scheduling Conference. Expedited Hearing requested. Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 12/09/2016) (0)
Dec 6, 2016 65 Scheduling Order by Judge Michael W. Mosman. RESETTING THE TIME ONLY for the Status Conference FROM 12/8/2016 at 04:30PM, SET FOR 12/8/2016 at 04:00PM in Portland by telephone before Judge Michael W. Mosman, regarding Motion for Partial Summary Judgment of Noninfringement 45 . The parties to call the court's conference line. Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/06/2016) (0)
Dec 1, 2016 64 Scheduling Order by Judge Michael W. Mosman. Status Conference is set for 12/8/2016 at 04:30PM in Portland by telephone before Judge Michael W. Mosman, regarding Motion for Stay Discovery and Deadlines Related to the '433 and '202 Patents 49 , Motion for Partial Summary Judgment of Noninfringement 45 . The parties to call the court's conference line. Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/01/2016) (0)
Nov 30, 2016 63 Scheduling Order by Judge Michael W. Mosman. Markman Hearing is set for 1/20/2017 at 09:00AM - 11:00AM and 1:30PM - 5:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/30/2016) (0)
Nov 28, 2016 61 Objection(s) to Unauthorized Claim Construction Briefing Filed in Violation of Scheduling Order - Request for Scheduling Conference. Filed by Agamatrix, Inc.. (Related document(s): Motion for Partial Summary Judgment 45 .) (Eads, Scott) (Entered: 11/28/2016) (0)
Nov 28, 2016 62 Response to AgaMatrix, Inc.'s "Objections to Unauthorized Claim Construction Briefing". Filed by Dexcom, Inc.. (Related document(s): Objection 61 .) (Davis, Scott) (Entered: 11/28/2016) (0)
Nov 22, 2016 55 Brief - Opening Claim Construction Brief. Filed by Dexcom, Inc.. (Attachments: # 1 Declaration of M. Andrew Woodmansee, # 2 Declaration of S. Higson) (Ferry, Matthew) (Entered: 11/22/2016) (0)
Nov 22, 2016 56 Brief Plaintiff's Opening Markman Claim Construction Brief. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B) (Eads, Scott) (Entered: 11/22/2016) (0)
Nov 22, 2016 57 Declaration of John L. Smith, Ph.D. in Support of Plaintiff's Opening Markman Brief. Filed by Agamatrix, Inc.. (Related document(s): Brief 56 .) (Attachments: # 1 Appendix A) (Eads, Scott) (Entered: 11/22/2016) (0)
Nov 22, 2016 58 Declaration of Nika Aldrich in Support of AgaMatrix, Inc.'s Opening Markman Brief. Filed by Agamatrix, Inc.. (Related document(s): Brief 56 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18) (Eads, Scott) (Entered: 11/22/2016) (0)
Nov 22, 2016 59 Exhibits 4 to the Declaration of Nika Aldrich in Support of AgaMatrix, Inc.'s Opening Markman Brief re Declaration, 58 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 11/22/2016) (0)
Nov 21, 2016 60 ORDER GRANTING AGAMATRIX'S UNOPPOSED MOTION TO PLACE PREVIOUSLY FILED DOCUMENTS UNDER SEAL. Signed on 11/21/16 by Judge Michael W. Mosman. (dls) (Entered: 11/23/2016) (0)
Nov 16, 2016 54 Unopposed Motion To Place Preciously Filed Documents Under Seal Declaration, 50 , Motion for Stay 49 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Agamatrix, Inc.. (cib) (Additional attachment(s) added on 11/17/2016: # 1 Proposed Order) (cib). (Entered: 11/17/2016) (0)
Nov 14, 2016 53 ORDER: GRANTING Motion for Extension of Time 52 . Plaintiff's Response to Motion for Partial Summary Judgment 45 is due December 19, 2016. Plaintiff's Response to Motion to Stay 49 is due December 19, 2016. Defendant's Reply to Motion for Partial Summary Judgment 45 is due January 9, 2017. Defendant's Reply to Motion to Stay 49 is due January 9, 2017. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/14/2016) (0)
Nov 10, 2016 51 Certificate of Compliance with Word-Count Limitation under LR7-2(b). Filed by Dexcom, Inc.. (Related document(s): Motion for Partial Summary Judgment 45 .) (Woodmansee, M.) (Entered: 11/10/2016) (0)
Nov 10, 2016 52 Joint Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment of Noninfringement 45 , Motion for Stay Discovery and Deadlines Related to the '433 and '202 Patents 49 . Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 11/10/2016) (0)
Nov 9, 2016 45 Motion for Partial Summary Judgment of Noninfringement. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Dexcom, Inc.. (Woodmansee, M.) (Entered: 11/09/2016) (0)
Nov 9, 2016 46 Declaration of Jonathan Hughes in Support of Motion for Partial Summary Judgment of Noninfringement. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Dexcom, Inc.. (Related document(s): Motion for Partial Summary Judgment 45 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Woodmansee, M.) (Entered: 11/09/2016) (0)
Nov 9, 2016 47 Declaration of M. Andrew Woodmansee in Support of Motion for Partial Summary Judgment of Noninfringement. Filed by Dexcom, Inc.. (Related document(s): Motion for Partial Summary Judgment 45 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit) (Woodmansee, M.) (Entered: 11/09/2016) (0)
Nov 9, 2016 48 Declaration of Ted T. Lee in Support of Motion for Partial Summary Judgment of Noninfringement. Filed by Dexcom, Inc.. (Related document(s): Motion for Partial Summary Judgment 45 .) (Woodmansee, M.) (Entered: 11/09/2016) (0)
Nov 9, 2016 50 Declaration of M. Andrew Woodmansee in Support of Motion to Stay Discovery and Deadlines Related to the '433 and '202 Patents. Filed by Dexcom, Inc.. (Related document(s): Motion for Stay 49 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 FILED UNDER SEAL PURSUANT TO ORDER 60 , # 5 Exhibit 5 - FILED UNDER SEAL PURSUANT TO ORDER 60 , # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Woodmansee, M.) Modified to place exhibit 4 and 5 under seal pursuant to order 60 on 11/23/2016 (cib). (Entered: 11/09/2016) (0)
Nov 1, 2016 44 ORDER: ORDER: GRANTING Joint Motion for Extension of Markman Briefing Deadlines. The deadline for exchanging opening Markman briefs is November 22, 2016. The deadline for exchanging responsive Markman briefs is December 16, 2016. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/01/2016) (0)
Oct 31, 2016 43 Joint Motion for Extension of Time of Markman Briefing Deadlines. Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 10/31/2016) (0)
Sep 12, 2016 42 Notice of Appearance of Jason A. Wrubleski appearing on behalf of Agamatrix, Inc. Filed by on behalf of Agamatrix, Inc. (Wrubleski, Jason) (Entered: 09/12/2016) (0)
Aug 31, 2016 41 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John Jelderks to Judge Michael W. Mosman. (eo) (Entered: 08/31/2016) (0)
Aug 18, 2016 40 Case Management and Scheduling Order Proposed deadlines as indicated within the scheduling order are hereby adopted. Joint Alternate Dispute Resolution Report is due by 1/9/2017. Discovery is to be completed by 4/26/2017. Dispositive Motions are due by 10/3/2017. Pretrial Order is due by 2/5/2018. Expert Discovery to be completed by 9/6/2017. Trial to be set at a later date should full consents be filed in this case. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 08/18/2016) (0)
Aug 12, 2016 39 Notice of Attorney Withdrawal: Philip T. Sheng Filed by Dexcom, Inc. (Woodmansee, M.) (Entered: 08/12/2016) (0)
Aug 10, 2016 38 Stipulated Protective Order Granting Stipulated Motion for Protective Order 36 . Signed on 8/10/2016 by Magistrate Judge John Jelderks. (jtj) (Entered: 08/10/2016) (0)
Aug 9, 2016 36 Stipulated Motion for Protective Order /(Proposed) Stipulated Protective Order. Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 08/09/2016) (0)
Aug 9, 2016 37 MINUTES of Proceedings: Rule 16 Conference held in chambers. ORDER: Plaintiff's counsel to provide the court with the scheduling deadlines discussed in the conference. Scott Eads, Nicholas Aldrich present as counsel for plaintiff(s). Calvin Griffith, M. Andrew Woodmansee, Scott Davis present as counsel for defendant(s). Magistrate Judge John Jelderks presiding. (kms) (Entered: 08/10/2016) (0)
Aug 8, 2016 35 Answer to Answer 30 and Amended Counterclaims. Filed by Agamatrix, Inc.. (Related document(s): Answer 30 .) (Eads, Scott) (Entered: 08/08/2016) (0)
Aug 5, 2016 34 Joint Status Report Regarding Case Schedule and Discovery Management Pursuant to Fed. R. Civ. P. 26(f). Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 08/05/2016) (0)
Jul 27, 2016 31 Scheduling Order: by Magistrate Judge John Jelderks. Rule 16 Conference is set for 8/9/2016 at 02:30PM in Portland Chambers 11A before Magistrate Judge John Jelderks. Local Rules 16-2(b) and 26-1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 07/27/2016) (0)
Jul 27, 2016 33 Notification of CM/ECF Account for Attorney Matthew A. Ferry (Pro Hac Vice admission). Your login is: maferry. Go to the CM/ECF login page to set your password. (jtj) (Entered: 07/27/2016) (0)
Jul 25, 2016 32 ORDER: Granting Application for Special Admission Pro Hac Vice of Matthew A. Ferry for Dexcom, Inc.,Matthew A. Ferry for Dexcom, Inc.. Signed on 7/25/2016 by Magistrate Judge John Jelderks. (jtj) (Entered: 07/27/2016) (0)
Jul 21, 2016 30 Answer to Amended Complaint 23 . Filed by Dexcom, Inc.. (Related document(s): Amended Complaint 23 .) (Woodmansee, M.) (Entered: 07/21/2016) (0)
Jul 20, 2016 29 Motion for Leave to Appear Pro Hac Vice for Attorney Matthew A. Ferry . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4689068. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 07/20/2016) (0)
Jul 14, 2016 28 ORDER: Granting Plaintiff's Unopposed Motion for Extension of Time 27 . Answer/ Reply to Dexcom's Answer, Affirmative Defenses, and Counterclaims is due by 8/8/2016. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 07/14/2016) (0)
Jul 13, 2016 27 Unopposed Motion for Extension of Time to Answer Dexcom, Inc.'s Counterclaims and Consent to Dexcom, Inc. Filing Amended Answer, Affirmative Defenses and Counterclaims. Filed by Agamatrix, Inc.. (Aldrich, Nicholas) (Entered: 07/13/2016) (0)
Jun 28, 2016 26 ORDER: Denying as Moot 22 Motion to Dismiss for Failure to State a Claim per the filing of a First Amended Complaint 23 and Answer 25 . Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 06/30/2016) (0)
Jun 23, 2016 25 Answer to 23 Amended Complaint with Jury Demand , Counterclaim Agamatrix, Inc.. Filed by Dexcom, Inc.. (Woodmansee, M.) (Entered: 06/23/2016) (0)
Jun 6, 2016 23 First Amended Complaint for Patent Infringement. Filed by Agamatrix, Inc. against Dexcom, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E). (Eads, Scott) (Entered: 06/06/2016) (0)
Jun 6, 2016 24 Response in Opposition to Motion to Dismiss for Failure to State a Claim Defendant Dexcom, Inc.'s Motion to Dismiss Plaintiff AgaMatrix, Inc.'s Induced Infringement, Contributory Infringement, and Willful Infringement Claims Under Fed. R. Civ. P. 12(b)(6) 22 . Filed by Agamatrix, Inc.. (Eads, Scott) (Entered: 06/06/2016) (0)
May 19, 2016 22 Motion to Dismiss for Failure to State a Claim Defendant Dexcom, Inc.'s Motion to Dismiss Plaintiff AgaMatrix, Inc.'s Induced Infringement, Contributory Infringement, and Willful Infringement Claims Under Fed. R. Civ. P. 12(b)(6). Oral Argument requested. Filed by Dexcom, Inc.. (Woodmansee, M.) (Entered: 05/19/2016) (0)
Apr 26, 2016 14 ORDER: Granting Application for Special Admission Pro Hac Vice of M. Andrew Woodmansee for Dexcom, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4579553 issued. Signed on 4/26/2016 by Magistrate Judge John Jelderks. (ecp) Modified to correct attorney name on 5/2/2016 (sss). (Entered: 04/26/2016) (0)
Apr 26, 2016 15 Notification of CM/ECF Account for Attorney M. Andrew Woodmansee (Pro Hac Vice admission). Your login is: mawoodmansee. Go to the CM/ECF login page to set your password. (ecp) Modified to correct attorney name on 5/2/2016 (sss). (Entered: 04/26/2016) (0)
Apr 26, 2016 16 ORDER: Granting Application for Special Admission Pro Hac Vice of Calvin P. Griffith for Dexcom, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4579560 issued. Signed on 4/26/2016 by Magistrate Judge John Jelderks. (ecp) (Entered: 04/26/2016) (0)
Apr 26, 2016 17 Notification of CM/ECF Account for Attorney Calvin P. Griffith (Pro Hac Vice admission). Your login is: cpgriffith. Go to the CM/ECF login page to set your password. (ecp) (Entered: 04/26/2016) (0)
Apr 26, 2016 18 ORDER: Granting Application for Special Admission Pro Hac Vice of Kenneth S. Luchesi for Dexcom, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4579563 issued. Signed on 4/26/2016 by Magistrate Judge John Jelderks. (ecp) (Entered: 04/26/2016) (0)
Apr 26, 2016 19 Notification of CM/ECF Account for Attorney Kenneth S. Luchesi (Pro Hac Vice admission). Your login is: ksluchesi. Go to the CM/ECF login page to set your password. (ecp) (Entered: 04/26/2016) (0)
Apr 26, 2016 20 ORDER: Granting Application for Special Admission Pro Hac Vice of Philip T. Sheng for Dexcom, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4579564 issued. Signed on 4/26/2016 by Magistrate Judge John Jelderks. (ecp) (Entered: 04/26/2016) (0)
Apr 26, 2016 21 Notification of CM/ECF Account for Attorney Philip T. Sheng (Pro Hac Vice admission). Your login is: ptsheng. Go to the CM/ECF login page to set your password. (ecp) (Entered: 04/26/2016) (0)
Apr 22, 2016 10 Motion for Leave to Appear Pro Hac Vice for Attorney Mark. A. Woodmansee . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4579553. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 04/22/2016) (0)
Apr 22, 2016 11 Motion for Leave to Appear Pro Hac Vice for Attorney Calvin P. Griffith . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4579560. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 04/22/2016) (0)
Apr 22, 2016 12 Motion for Leave to Appear Pro Hac Vice for Attorney Kenneth S. Luchesi . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4579563. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 04/22/2016) (0)
Apr 22, 2016 13 Motion for Leave to Appear Pro Hac Vice for Attorney Philip T. Sheng . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4579564. Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 04/22/2016) (0)
Apr 18, 2016 8 ORDER: Granting Defendant's Unopposed Motion for Extension of Time to Respond to Complaint 7 . Answer or other response is due by 5/19/2016. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 04/18/2016) (0)
Apr 18, 2016 9 Corporate Disclosure Statement . Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 04/18/2016) (0)
Apr 15, 2016 7 Unopposed Motion for Extension of Time to Answer Complaint,, 1 . Filed by Dexcom, Inc.. (Davis, Scott) (Entered: 04/15/2016) (0)
Apr 11, 2016 6 Return of Service Executed as to Dexcom, Inc. served on 3/30/2016, answer due on 4/20/2016. (Eads, Scott) (Entered: 04/11/2016) (0)
Mar 31, 2016 1 Main Document (15)
Mar 31, 2016 2 Corporate Disclosure Statement (2)
Mar 31, 2016 1 Exhibit A (5)
Mar 31, 2016 2 Exhibit B (6)
Mar 31, 2016 3 Exhibit C (4)
Mar 31, 2016 4 Civil Cover Sheet (1)
Mar 31, 2016 5 Proposed Summons (2)
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