bioMerieux, S.A. et al v. Hologic Inc., et al
Plaintiff: BIOMERIEUX, INC. and BIOMERIEUX, S.A.
Defendant: Grifols Diagnostic Solutions Inc., Grifols S.A. and Hologic, Inc.
Case Number: 1:2018cv00021
Filed: January 3, 2018
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: XX US, Outside State
Presiding Judge: Christopher J Burke
Referring Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2019 Filing 288 [SEALED] Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esquire regarding License Defense Discovery - re #287 Letter. (Attachments: #1 Exhibits 1-3, #2 Certificate of Service)(Silver, Daniel)
June 28, 2019 Filing 287 Letter to The Honorable Leonard P. Stark from Pilar G. Kraman regarding License Defense Discovery - re 284 Order,,,. (Attachments: #1 Exhibit 1 - 3)(Kraman, Pilar)
June 28, 2019 Filing 286 NOTICE OF SERVICE of Expert Report of Garth D. Ehrlich, Ph.D. Regarding Invalidity of U.S. Patent Nos. 8,697,352 and 9,074,262 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
June 28, 2019 Filing 285 NOTICE OF SERVICE of 1) OPENING EXPERT REPORT OF DR. THOMAS R. GINGERAS, PH.D.; (2) OPENING EXPERT REPORT OF DR. ROGER DODD, PH.D., (3) DECLARATION OF BOB VAN GEMEN, PH.D.; and (4) OPENING EXPERT REPORT OF CATHARINE M. LAWTON filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
June 27, 2019 Opinion or Order SO ORDERED, re #283 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit Opening Expert Reports to June 27, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 6/27/19. (ntl)
June 26, 2019 Opinion or Order Filing 284 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (see D.I. 248), IT IS HEREBY ORDERED that not later than June 28, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than July 2, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. After reviewing the letter submissions, the Court may schedule a teleconference. ORDERED by Judge Leonard P. Stark on 6/26/19. (ntl)
June 26, 2019 Filing 283 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit Opening Expert Reports to June 27, 2019 - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 18, 2019 Filing 282 REDACTED VERSION of #278 Answer to Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 18, 2019 Filing 281 REDACTED VERSION of #277 Answer to Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 18, 2019 Filing 280 REDACTED VERSION of #276 Answer to Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 12, 2019 Opinion or Order SO ORDERED, re #273 STIPULATION TO EXTEND TIME See Stipulation for Details filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 6/12/19. (ntl)
June 11, 2019 Filing 279 CERTIFICATE OF SERVICE of #276 [SEALED] Plaintiffs' Answer to Grifols Diagnositc Solutions, Inc.'s First Amended Counterclaims by BIOMERIEUX, INC., BIOMERIEUX, S.A. re #276 Answer to Counterclaim (Silver, Daniel)
June 11, 2019 Filing 278 [SEALED] ANSWER to #267 Amended Answer to Complaint, Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Certificate of Service)(Silver, Daniel)
June 11, 2019 Filing 277 [SEALED] ANSWER to #266 Amended Answer to Complaint, Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Certificate of Service)(Silver, Daniel)
June 11, 2019 Filing 276 [SEALED] ANSWER to #265 Amended Answer to Complaint, Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
June 11, 2019 Opinion or Order Filing 275 ORDER re #274 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 6/11/19. (ntl)
June 11, 2019 Filing 274 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 6/11/19. (ntl)
June 6, 2019 Filing 273 STIPULATION TO EXTEND TIME See Stipulation for Details to - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 6, 2019 Filing 272 NOTICE OF SERVICE of Plaintiffs Second Supplemental Initial Infringement Contentions filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
May 29, 2019 Filing 271 REDACTED VERSION of #267 Amended Answer to Complaint, Counterclaim by Hologic, Inc.. (Kraman, Pilar)
May 29, 2019 Filing 270 REDACTED VERSION of #266 Amended Answer to Complaint, Counterclaim by Grifols S.A.. (Kraman, Pilar)
May 29, 2019 Filing 269 REDACTED VERSION of #265 Amended Answer to Complaint, Counterclaim by Grifols Diagnostic Solutions Inc.. (Kraman, Pilar)
May 28, 2019 Pro Hac Vice Attorney Jennifer A. Sklenar and Matthew M. Wolf for Grifols Diagnostic Solutions Inc., Grifols S.A., and Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
May 23, 2019 Filing 268 NOTICE OF SERVICE of Defendant Hologic, Inc.'s Objections and Responses to Plaintiffs bioMerieux, S.A. and bioMerieux, Inc.'s Second Notice of Deposition of Defendant Hologic, Inc. filed by Hologic, Inc..(Kraman, Pilar)
May 23, 2019 Filing 267 [SEALED] AMENDED ANSWER to #132 Amended Complaint, COUNTERCLAIM against BIOMERIEUX, INC., BIOMERIEUX, S.A. by Hologic, Inc.. (Pascale, Karen)
May 23, 2019 Filing 266 [SEALED] AMENDED ANSWER to #132 Amended Complaint, COUNTERCLAIM against BIOMERIEUX, INC., BIOMERIEUX, S.A. by Grifols S.A.. (Pascale, Karen)
May 23, 2019 Filing 265 [SEALED] AMENDED ANSWER to #132 Amended Complaint, COUNTERCLAIM against BIOMERIEUX, INC., BIOMERIEUX, S.A. by Grifols Diagnostic Solutions Inc.. (Pascale, Karen)
May 23, 2019 Opinion or Order Filing 264 ORAL ORDER: IT IS HEREBY ORDERED that Defendants' Motion for Leave to Amend Answer to First Amended Complaint and Counterclaims (D.I. 251) is GRANTED, as it is timely and unopposed. ORDERED by Judge Leonard P. Stark on 5/23/19. (ntl) Modified on 5/23/2019 (ntl).
May 22, 2019 Filing 263 REDACTED VERSION of #252 Letter, Regarding Defendants' Motion for Leave to Amend by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
May 22, 2019 Filing 262 REDACTED VERSION of #251 MOTION for Leave to File Defendants' Motion for Leave to Amend Answer to First Amended Complaint and Counterclaims by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
May 22, 2019 Filing 261 Letter to The Honorable Leonard P. Stark from Pilar G. Kraman regarding Non-Opposition to Motion to Amend (D.I. 251) - re #251 MOTION for Leave to File Defendants' Motion for Leave to Amend Answer to First Amended Complaint and Counterclaims. (Kraman, Pilar)
May 21, 2019 Filing 260 REDACTED VERSION of #254 Notice (Other) Second Notice of Deposition to Defendant Hologic by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
May 20, 2019 Opinion or Order SO ORDERED, re #257 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf and Jennifer A. Sklenar filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc. Signed by Judge Leonard P. Stark on 5/20/19. (ntl)
May 17, 2019 Filing 259 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. - re #252 Letter, #251 MOTION for Leave to File Defendants' Motion for Leave to Amend Answer to First Amended Complaint and Counterclaims. (Silver, Daniel)
May 17, 2019 Filing 258 Remark: Due to other commitments, the Court has regrettably fallen behind in its goal to issue claim construction opinions within 60 days after the hearing. The Court now anticipates that it will issue its claim construction opinion in this matter by on or around June 17. (ntl)
May 17, 2019 Filing 257 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf and Jennifer A. Sklenar - filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
May 15, 2019 Filing 256 NOTICE OF SERVICE of Biomerieux, S.A., Biomerieux, Inc.s Responses and Objections to Defendants Third Set of Requests for Production of Documents and Things (Nos. 90-94) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
May 14, 2019 Filing 255 NOTICE to Take Deposition of Marco Tamagno on May 17, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
May 14, 2019 Filing 254 [SEALED] Second NOTICE of Deposition of Defendant Hologic, Inc. by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Attachments: #1 Certificate of Service)(Silver, Daniel)
May 13, 2019 Filing 253 NOTICE OF SERVICE of 1) Defendants' First Supplemental Initial Invalidity Contentions; Defendants Grifols S.A. and Grifols Diagnostic Solutions Inc.'s Second Supplemental Objections and Responses to Biomerieux, S.A. and Biomerieux, Inc.'s First Set of Interrogatories (Nos. 1-17); and Defendants Hologic, Inc.'s Second Supplemental Objections and Responses to Biomerieux, S.A. and Biomerieux, Inc.'s First Set of Interrogatories (Nos. 1-17) filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
May 13, 2019 Pro Hac Vice Attorney Anne M. Rucker for BIOMERIEUX, INC.,for BIOMERIEUX, S.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
May 10, 2019 Filing 252 [SEALED] Letter to The Honorable Leonard P. Stark from Pilar G. Kraman regarding Defendants' Motion for Leave to Amend Answers - re #251 MOTION for Leave to File Defendants' Motion for Leave to Amend Answer to First Amended Complaint and Counterclaims. (Kraman, Pilar)
May 10, 2019 Filing 251 [SEALED] MOTION for Leave to File Defendants' Motion for Leave to Amend Answer to First Amended Complaint and Counterclaims - filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Attachments: #1 Statement Pursuant to Local Rule 7.1.1, #2 Text of Proposed Order, #3 Exhibit 1 - Hologic, Inc.'s First Amended Answer to First Amended Complaint and Counterclaims, #4 Exhibit 2 - Grifols, S.A.'s First Amended Answer to First Amended Complaint and Counterclaims, #5 Exhibit 3 - Grifols Diagnostic Solutions Inc.'s First Amended Answer to First Amended Complaint and Counterclaims, #6 Exhibit 4 - Hologic, Inc.'s Redline of Amended Answer, #7 Exhibit 5 - Grifols, S.A.'s Redline of Amended Answer, #8 Exhibit 6 - Grifols Diagnostic Solutions Inc.'s Redline of Amended Answer)(Kraman, Pilar)
May 9, 2019 Filing 250 NOTICE to Take Deposition of Sandra Perreand on May 16, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
May 9, 2019 Opinion or Order SO ORDERED, re #249 MOTION for Pro Hac Vice Appearance of Attorney Anne M. Rucker filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 5/9/19. (ntl)
May 7, 2019 Filing 249 MOTION for Pro Hac Vice Appearance of Attorney Anne M. Rucker - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Certification of Anne M. Rucker)(Silver, Daniel)
May 6, 2019 Filing 248 Letter to The Honorable Leonard P. Stark from Karen L. Pascale regarding request for discovery teleconference regarding license discovery. (Pascale, Karen)
May 6, 2019 Filing 247 Amended NOTICE of Deposition of Stephen Blake by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
May 6, 2019 Filing 246 NOTICE to Take Deposition of Mary Miller on May 8, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
May 3, 2019 Filing 245 NOTICE OF SERVICE of 1) Defendant Hologic, Inc.'s First Supplemental Objections and Responses to Biomrieux, S.A. and Biomrieux, Inc.'s First Set of Interrogatories (Nos. 1- 17); and Defendants Grifols S.A. and Grifols Diagnostic Solutions Inc.'s First Supplemental Objections and Responses to Biomrieux, S.A. and Biomrieux, Inc.'s First Set of Interrogatories (Nos. 1-17) filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
April 30, 2019 Filing 244 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq.. (Silver, Daniel)
April 30, 2019 Filing 243 REDACTED VERSION of #235 Letter by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
April 29, 2019 Filing 242 NOTICE OF SERVICE of (1) Plaintiffs Biomerieux, S.A.'s and Biomerieux, Inc.'s Objections and Responses to Defendants' Second Set of Interrogatories to Plaintiffs (Nos. 15-25), (2) Plaintiffs Biomerieux, S.A.'s and Biomerieux, Inc.'s Objections and Responses to Defendants' First Set of Requests for Admission to Plaintiffs (Nos. 1-30); (3) Plaintiffs Biomerieux, S.A.'s and Biomerieux, Inc.'s Objections and Responses to Defendants' Second Set of Requests for Admission to Plaintiffs (Nos. 31-162); and (4) Biomerieux, S.A.'s and Biomerieux, Inc.'s Responses and Objections to Defendants' Second Set of Requests for Production to Plaintiffs (Nos. 76-89) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
April 25, 2019 Filing 241 Amended NOTICE of Service of Subpoena and Notice of Deposition by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
April 24, 2019 Filing 240 Letter to The Honorable Leonard P. Stark from Pilar G. Kraman regarding Response to Plaintiff's April 22, 2019 Letter - re #235 Letter. (Kraman, Pilar)
April 24, 2019 Filing 239 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Responsive Letter - re #234 Letter. (Attachments: #1 Exhibit A)(Silver, Daniel)
April 24, 2019 Opinion or Order SO ORDERED, re #233 Stipulation to Amend Scheduling Order filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc. Signed by Judge Leonard P. Stark on 4/24/19. (ntl)
April 23, 2019 Filing 238 NOTICE OF SERVICE of Plaintiffs Biomerieux, S.A.s and Biomerieux, Inc.s Second Supplemental Objections and Responses to Defendants First Set of Interrogatories to Plaintiffs (Nos. 1-14) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
April 22, 2019 Filing 237 NOTICE OF SERVICE of Subpoena and Notice of Deposition filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
April 22, 2019 Filing 236 NOTICE to Take Deposition of JUAN FIGUEROA-DUARTE on April 24, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
April 22, 2019 Filing 235 [SEALED] Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Discovery Dispute Letter - re 232 Order Setting Teleconference,,,,. (Attachments: #1 Exhibit A-J, #2 Certificate of Service)(Silver, Daniel)
April 22, 2019 Filing 234 Letter to The Honorable Leonard P. Stark from Pilar G. Kraman regarding Defendants' Opening Discovery Letter - re 232 Order Setting Teleconference,,,,. (Attachments: #1 Exhibit 1 - 5)(Kraman, Pilar)
April 22, 2019 Filing 233 STIPULATION to Amend Scheduling Order by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
April 18, 2019 Opinion or Order Filing 232 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for April 26, 2019 at 2:00 p.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than April 22, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than April 24, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 4/18/19. (ntl)
April 17, 2019 Filing 231 NOTICE OF SERVICE of Biomerieux, S.A., Biomerieux, Inc.s Responses and Objections to Defendants Notice of Rule 30(b)(6) Deposition filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
April 16, 2019 Filing 230 NOTICE to Take Deposition of Bob Van Gemen on May 1, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
April 16, 2019 Filing 229 NOTICE to Take Deposition of Bert Top on April 19, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
April 16, 2019 Filing 228 NOTICE to Take Deposition of Laurent Caucal (AMENDED) on April 25, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
April 16, 2019 Filing 227 NOTICE to Take Deposition of Ali Laayoun (AMENDED) on April 18, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
April 15, 2019 Filing 226 NOTICE OF SERVICE of Defendants Hologic, Inc., Grifols S.A., and Grifols Diagnostics Solutions Inc.'s Third Set of Request for Production of Documents and Things to Plaintiffs bioMerieux, S.A., and bioMerieux, Inc. (Nos. 90-94) filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
April 15, 2019 Filing 225 NOTICE to Take Deposition of Plaintiffs Pursuant to Fed. R. Civ. P. 30(b)(6) (Second) on May 1, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
April 15, 2019 Filing 224 Letter to The Honorable Leonard P. Stark from Pilar G. Kraman regarding Defendants' position on license defense - re #212 Memorandum and Order,. (Kraman, Pilar)
April 15, 2019 Filing 223 Amended NOTICE of Deposition of Tiffany Clarke by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
April 15, 2019 Filing 222 NOTICE of Deposition of Juan Figueroa-Duarte by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
April 15, 2019 Filing 221 Amended NOTICE of Deposition of Dawn Rossin by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
April 15, 2019 Pro Hac Vice Attorney Philip W. Marsh for Grifols Diagnostic Solutions Inc.,for Grifols S.A.,for Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
April 12, 2019 Filing 220 NOTICE OF SERVICE of Defendant Hologic, Inc.s Objections and Response to Biomrieux, S.A. and Biomrieux, Inc.s Second Set of Interrogatories to Defendants (No. 18); and Defendants Grifols S.A. and Grifols Diagnostic Solutions Inc.s Objections and Response to Biomrieux, S.A. and Biomrieux, Inc.s Second Set of Interrogatories to Defendants (No. 18) filed by Grifols Diagnostic Solutions Inc., Hologic, Inc..(Pascale, Karen)
April 10, 2019 Filing 219 Remark: The Court recognizes that it has been more than 60 days since the claim construction hearing was held. The Court expects to issue the claim construction opinion and order by on or about April, 30, 2019. (ntl)
April 10, 2019 Filing 218 MOTION for Pro Hac Vice Appearance of Attorney Philip W. Marsh - filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
April 10, 2019 Opinion or Order SO ORDERED, re #218 MOTION for Pro Hac Vice Appearance of Attorney Philip W. Marsh filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc. Signed by Judge Leonard P. Stark on 4/10/19. (ntl)
April 8, 2019 Filing 217 NOTICE of Subpoena to Ortho Clinical Diagnostics by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc. (Attachments: #1 Exhibit 1)(Kraman, Pilar)
April 8, 2019 Filing 216 Amended NOTICE of Deposition of Greg Campbell by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
April 8, 2019 Filing 215 Amended NOTICE of Deposition of Charles Cappellari by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
April 8, 2019 Filing 214 Amended NOTICE of Deposition of Alison Lowery by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
April 5, 2019 Pro Hac Vice Attorney Alison Newman for BIOMERIEUX, INC. and BIOMERIEUX, S.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
April 2, 2019 Filing 213 NOTICE OF SERVICE of 1) Defendants' and Witness Ms. Yeasing Yang's Objections and Responses to Plaintiffs' Subpoena for Testimony and Documents; and 2) Defendants' and Witness Mr. Gary Bee's Objections and Responses to Plaintiffs' Subpoena for Testimony and Documents filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
April 1, 2019 Opinion or Order SO ORDERED, re #211 MOTION for Pro Hac Vice Appearance of Attorney Alison Newman filed by BIOMERIEUX, INC., BIOMERIEUX, S.A., #210 MOTION for Pro Hac Vice Appearance of Attorney Aaron P. Maurer filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 4/1/19. (ntl)
March 31, 2019 Opinion or Order Filing 212 MEMORANDUM ORDER re #91 MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings filed by Grifols Diagnostic Solutions Inc., Hologic, Inc. is GRANTED in part and DENIED in part. Signed by Judge Leonard P. Stark on 3/31/19. (ntl)
March 28, 2019 Filing 211 MOTION for Pro Hac Vice Appearance of Attorney Alison Newman - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Alison Newman Certification)(Silver, Daniel)
March 28, 2019 Filing 210 MOTION for Pro Hac Vice Appearance of Attorney Aaron P. Maurer - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Certification for Aaron P. Maurer)(Silver, Daniel)
March 22, 2019 Filing 209 NOTICE OF SERVICE of 1) Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.'s First Set of Requests for Admissions to Plaintiffs (Nos. 1-30); 2) Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.'s Second Set of Requests for Admission to Plaintiffs (Nos. 31-162) (for Authentication); 3) Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.'s Second Set of Requests for Production of Documents and Things to Plaintiffs bioMrieux, S.A. and bioMrieux, Inc. (Nos. 76-89); 4) Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.'s Second Set of Interrogatories to Plaintiffs bioMrieux, S.A. and bioMrieux, Inc. (Nos. 15-25); 5) Defendant Hologic, Inc.'s Objections and Responses to Plaintiffs' Notice of Deposition Pursuant to Fed.R.Civ.P. 30(b)(6); and 6) Defendants Grifols, S.A. and Grifols Diagnostic Solutions, Inc.'s Objections and Responses to Plaintiffs' Notice of Deposition Pursuant to Fed.R.Civ.P. 30(b)(6) filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
March 22, 2019 Opinion or Order SO ORDERED, re #205 Stipulation and Order Regarding Depositions of the Named Inventors filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc. Signed by Judge Leonard P. Stark on 3/22/19. (ntl)
March 21, 2019 Filing 208 NOTICE to Take Deposition of Ali Laayoun on April 11, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
March 21, 2019 Filing 207 NOTICE to Take Deposition of Laurent Caucal on April 9, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
March 20, 2019 Filing 206 NOTICE to Take Deposition of Plaintiffs bioMerieux, S.A. and bioMerieux, Inc. pursuant to Fed. R. Civ. P. 30(b)(6) on April 1, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
March 20, 2019 Filing 205 STIPULATION [and Proposed Order] Regarding Depositions of the Named Inventors by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
March 20, 2019 Filing 204 NOTICE of Subpoena to Myers Bigel P.A. by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc. (Attachments: #1 Exhibit 1 - 2)(Kraman, Pilar)
March 19, 2019 Filing 203 NOTICE OF SERVICE of Subpoena and Notice of Deposition filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 18, 2019 Filing 202 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding a Request for the Scheduling of a Discovery Teleconference. (Silver, Daniel)
March 18, 2019 Filing 201 NOTICE to Take Deposition of Pieter (Peter) Oudshoorn on March 23, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
March 18, 2019 Filing 200 NOTICE to Take Deposition of Vladimir Lukashov on March 25, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
March 18, 2019 Filing 199 NOTICE to Take Deposition of Suzanne Jurriaans on March 27, 2019 filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Kraman, Pilar)
March 14, 2019 Filing 198 NOTICE to Take Deposition of Alison Lowery on April 10, 2019 at 9:00 AM, at the law offices of McCarter & English, LLP, 405 N. King Street, 8th Floor, Wilmington, DE 19801 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 14, 2019 Filing 197 NOTICE to Take Deposition of Marco Tamagno on April 11, 2019 at 9:00 AM, at the law offices of McCarter & English, LLP, 405 N. King Street, 8th Floor, Wilmington, DE 19801 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 14, 2019 Filing 196 NOTICE to Take Deposition of Tiffany Clarke on April 12, 2019 at 9:00 AM, at the law offices of McCarter & English, LLP, 405 N. King Street, 8th Floor, Wilmington, DE 19801 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 14, 2019 Filing 195 NOTICE to Take Deposition of Dawn Rossin on April 15, 2019 at 9:00 AM, at the law offices of McCarter & English, LLP, 405 N. King Street, 8th Floor, Wilmington, DE 19801 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 13, 2019 Filing 194 NOTICE OF SERVICE of Subpoenas filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 11, 2019 Filing 193 NOTICE OF SERVICE of Plaintiffs Second Amended Initial Disclosures filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 8, 2019 Filing 192 NOTICE OF SERVICE of Plaintiffs BIomerieux, S.A. and Biomerieux, Inc.s Second Set of Interrogatories to Defendants (No. 18) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
March 6, 2019 Filing 191 Official Transcript of Claim Construction Hearing held on January 31, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/27/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/4/2019. (bpg)
February 27, 2019 Filing 190 REDACTED VERSION of #184 Notice to Take Deposition by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
February 27, 2019 Filing 189 REDACTED VERSION of #185 Notice to Take Deposition by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
February 25, 2019 Filing 188 NOTICE to Take Deposition of Jeffrey Linnen on March 19, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
February 25, 2019 Filing 187 NOTICE to Take Deposition of Dan Kolk on March 13, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
February 25, 2019 Filing 186 NOTICE to Take Deposition of Andrew Worlock on March 22, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
February 19, 2019 Filing 185 [SEALED] NOTICE to Take Deposition of Grifols, S.A., and Grifols Diagnostic Solutions, Inc. on March 1, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Certificate of Service)(Joyce, Alexandra)
February 19, 2019 Filing 184 [SEALED] NOTICE to Take Deposition of Hologic, Inc. on March 1, 2019 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Certificate of Service)(Joyce, Alexandra)
February 15, 2019 Filing 183 CLAIM CONSTRUCTION ANSWERING BRIEF re #179 Claim Construction Opening Brief - Plaintiffs' Response to Defendants' Supplemental Claim Construction Memorandum filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
February 15, 2019 Filing 182 CLAIM CONSTRUCTION ANSWERING BRIEF re #180 Claim Construction Opening Brief Defendants' Response to Plaintiffs' Supplemental Claim Construction Memorandum filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pascale, Karen)
February 8, 2019 Filing 181 Joint STATUS REPORT by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
February 8, 2019 Filing 180 Supplemental CLAIM CONSTRUCTION OPENING BRIEF filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit 1)(Silver, Daniel)
February 8, 2019 Filing 179 Supplemental CLAIM CONSTRUCTION OPENING BRIEF filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
February 6, 2019 Opinion or Order Filing 178 ORAL ORDER: IT IS HEREBY ORDERED that the proposed briefing schedule set forth in #176 Letter is ADOPTED. ORDERED by Judge Leonard P. Stark on 2/6/19. (ntl)
February 4, 2019 Opinion or Order Filing 177 ORAL ORDER: IT IS HEREBY ORDERED that, consistent with the Court's statements during the January 31 claim construction hearing, the parties' proposed supplemental briefing schedule (D.I. 176) is ADOPTED. IT IS FURTHER ORDERED that, no later than February 8, the parties shall submit a joint status report advising the Court as to whether Defendants' Motion to Sever Arbitrable License Defense and Stay Arbitration Proceedings (D.I. 91) remains a ripe dispute and, if so, whether there is anything new or additional the Court should consider. ORDERED by Judge Leonard P. Stark on 2/4/19. (ntl)
February 1, 2019 Filing 176 Letter to The Honorable Leonard P. Stark from Karen L. Pascale regarding supplemental claim construction briefing. (Pascale, Karen)
January 31, 2019 Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 1/31/2019. (Court Reporter B. Gaffigan.) (ntl)
January 28, 2019 Filing 175 NOTICE OF SERVICE of Plaintiffs' Amended Initial Disclosures filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
January 11, 2019 Filing 174 REDACTED VERSION of #110 Reply Brief by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
January 7, 2019 Filing 173 NOTICE of Appearance by Alexandra M. Joyce on behalf of BIOMERIEUX, INC., BIOMERIEUX, S.A. (Joyce, Alexandra)
December 28, 2018 Opinion or Order SO ORDERED, re #172 STIPULATION TO EXTEND TIME of Various Scheduling Order Deadlines to Dates Listed in Stipulation filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 12/28/18. (ntl)
December 26, 2018 Filing 172 STIPULATION TO EXTEND TIME of Various Scheduling Order Deadlines to Dates Listed in Stipulation - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
December 21, 2018 Filing 171 NOTICE OF SERVICE of Plaintiffs bioMerieux, S.A.s and bioMerieux, Inc.s First Supplemental Objections and Responses to Defendants First Set of Interrogatories to Plaintiffs (Nos. 1-14) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
December 19, 2018 Opinion or Order Filing 170 ORAL ORDER: IT IS HEREBY ORDERED that each side will be allocated one (1) hour for argument at the Markman Hearing on January 31, 2019. ORDERED by Judge Leonard P. Stark on 12/19/18. (ntl)
December 14, 2018 Filing 169 STATEMENT re #154 Letter Defendants' Comments to Plaintiffs' Technology Tutorial by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
December 14, 2018 Filing 168 DECLARATION re #167 Claim Construction Answering Brief of Marty Koresawa by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pascale, Karen)
December 14, 2018 Filing 167 CLAIM CONSTRUCTION ANSWERING BRIEF re #157 Claim Construction Opening Brief filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
December 14, 2018 Filing 166 DECLARATION re #165 Claim Construction Answering Brief of Charles L. McCloud by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit 1 & 2)(Silver, Daniel)
December 14, 2018 Filing 165 CLAIM CONSTRUCTION ANSWERING BRIEF re #156 Claim Construction Opening Brief filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
December 14, 2018 Filing 164 OBJECTIONS by BIOMERIEUX, INC., BIOMERIEUX, S.A. to #155 Letter to Defendants' Technology Tutorial. (Silver, Daniel)
December 14, 2018 Filing 163 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Markman Hearing. (Silver, Daniel)
December 13, 2018 Opinion or Order Filing 162 ORAL ORDER: IT IS HEREBY ORDERED that the Markman Hearing set for January 28, 2019 is RESCHEDULED for January 31, 2019 at 9:00 AM in Courtroom 6B. ORDERED by Judge Leonard P. Stark on 12/13/18. (ntl)
November 27, 2018 Pro Hac Vice Attorney Mishele Kieffer for Grifols Diagnostic Solutions Inc., Grifols S.A., and Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
November 19, 2018 Filing 161 DECLARATION re #157 Claim Construction Opening Brief of Shaun P. Mahaffy by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit 1-6)(Silver, Daniel)
November 19, 2018 Filing 160 MULTI MEDIA DOCUMENT filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc. in the form of a CD. Filing related to #155 Letter. (Media on file in Clerk's Office). (ntl)
November 19, 2018 Filing 159 MULTI MEDIA DOCUMENT filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. in the form of a DVD. Filing related to #154 Letter. (Media on file in Clerk's Office). (ntl)
November 19, 2018 Opinion or Order SO ORDERED, re #158 MOTION for Pro Hac Vice Appearance of Attorney Mishele Kieffer filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc. Signed by Judge Leonard P. Stark on 11/19/18. (ntl)
November 19, 2018 CORRECTING ENTRY: The declaration and exhibits were removed from D.I. 157 per request of counsel (to be re-filed separately). (ntl)
November 16, 2018 Filing 158 MOTION for Pro Hac Vice Appearance of Attorney Mishele Kieffer - filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
November 16, 2018 Filing 157 CLAIM CONSTRUCTION OPENING BRIEF filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel) Modified on 11/19/2018 (ntl).
November 16, 2018 Filing 156 CLAIM CONSTRUCTION OPENING BRIEF filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
November 16, 2018 Filing 155 Letter to The Honorable Leonard P. Stark from Karen L. Pascale regarding submission of Defendants' technology tutorial. (Pascale, Karen)
November 16, 2018 Filing 154 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding enclosing Plaintiffs' Technology Tutorial. (Silver, Daniel)
November 13, 2018 Filing 153 NOTICE OF SERVICE of Defendants Hologic, Inc., Grifols, S.A., and Grifols Diagnostic Solutions Inc.'s Objections and Responses to Plaintiffs bioMrieux, S.A. and bioMrieux, Inc.'s Second Set of Requests for Production (Nos. 6076) filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
November 2, 2018 Filing 152 ANSWER to #141 Answer to Amended Complaint, Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
November 2, 2018 Filing 151 ANSWER to #142 Answer to Amended Complaint, Counterclaim by BIOMERIEUX, INC..(Silver, Daniel)
November 2, 2018 Filing 150 ANSWER to #143 Answer to Amended Complaint, Counterclaim by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
October 23, 2018 Filing 149 CLAIM Construction Chart by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (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 Pt. 1, #12 Exhibit K Pt. 2)(Silver, Daniel)
October 23, 2018 Opinion or Order SO ORDERED, re #147 STIPULATION TO EXTEND TIME Joint Claim Construction Chart to October 23, 2018 (from October 19, 2018) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 10/23/18. (ntl)
October 19, 2018 Filing 148 NOTICE OF SERVICE of 1) Defendant Hologic, Inc.'s Objections and Responses to Plaintiffs bioMerieux, S.A. and bioMerieux, Inc.'s First Set of Interrogatories (Nos. 1-17); 2) Defendants Grifols, S.A. and Grifols Diagnostic Solutions Inc.'s Objections and Responses to Plaintiffs bioMerieux, S.A. and bioMerieux, Inc.'s First Set of Interrogatories (Nos. 1-17); 3) Defendant Hologic, Inc.'s Objections and Responses to Plaintiffs bioMerieux, S.A. and bioMerieux, Inc.'s First Set of Requests for Production (Nos. 1-59); 4) Defendants Grifols, S.A. and Grifols Diagnostic Solutions Inc.'s Objections and Responses to Plaintiffs bioMerieux, S.A. and bioMerieux, Inc.'s First Set of Requests for Production (Nos. 1-59) filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
October 19, 2018 Filing 147 STIPULATION TO EXTEND TIME Joint Claim Construction Chart to October 23, 2018 (from October 19, 2018) - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
October 15, 2018 Filing 146 NOTICE OF SERVICE of Plaintiffs Biomrieux, S.A. and Biomrieux, Inc.s Proposed Constructions to Claim Terms filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
October 15, 2018 Filing 145 NOTICE OF SERVICE of Defendants Hologic, Inc., Grifols Diagnostic Solutions Inc., and Grifols S.A.'s Identification of Claim Terms and Proposed Constructions filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
October 12, 2018 Filing 144 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Grifols S.A.. (Pascale, Karen)
October 12, 2018 Filing 143 ANSWER to Amended Complaint, re: #132 Amended Complaint with Jury Demand , COUNTERCLAIM against BIOMERIEUX, INC., BIOMERIEUX, S.A. by Grifols Diagnostic Solutions Inc..(Pascale, Karen)
October 12, 2018 Filing 142 ANSWER to Amended Complaint, re: #132 Amended Complaint with Jury Demand , COUNTERCLAIM against BIOMERIEUX, INC., BIOMERIEUX, S.A. by Grifols S.A..(Pascale, Karen)
October 12, 2018 Filing 141 ANSWER to Amended Complaint, re: #132 Amended Complaint with Jury Demand , COUNTERCLAIM against BIOMERIEUX, INC., BIOMERIEUX, S.A. by Hologic, Inc..(Pascale, Karen)
October 12, 2018 Filing 140 NOTICE OF SERVICE of Plaintiffs Biomerieux, S.A. and Biomerieux, Inc.'s Second Set of Requests for Production to Defedants (Nos. 60-76) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
October 11, 2018 Opinion or Order SO ORDERED, re #139 STIPULATION TO EXTEND TIME for the parties to exchange a list of claim construction terms and/or phrases, with constructions, to October 12, 2018 filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc. Signed by Judge Leonard P. Stark on 10/11/2018. (etg)
October 10, 2018 Filing 139 STIPULATION TO EXTEND TIME for the parties to exchange a list of claim construction terms and/or phrases, with constructions, to October 12, 2018 - filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
October 9, 2018 Filing 138 NOTICE OF SERVICE of Plaintiffs First Supplemental Initial Infringement Contentions filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
October 5, 2018 Filing 137 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Interim Joint Status Report. (Silver, Daniel)
October 4, 2018 Filing 136 NOTICE OF SERVICE of Plaintiffs' Identification of Terms Requiring Construction filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
October 4, 2018 Opinion or Order SO ORDERED, re #134 Amended Stipulated Protective Order filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 10/4/18. (ntl)
October 3, 2018 Filing 135 NOTICE OF SERVICE of Defendants Hologic, Inc., Grifols Diagnostic Solutions Inc., and Grifols S.A.s Identification of Claim Terms for Constructions filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
October 2, 2018 Opinion or Order SO ORDERED, re #133 STIPULATION TO EXTEND TIME for the Parties to Exchange a List of Claim Construction Terms and and the Time for the Parties to Exchange a List of Claim Construction Terms and/or Phrases, with Constructions to October 3, 2018 and October 10, 2018 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 10/2/18. (ntl)
October 1, 2018 Filing 134 PROPOSED ORDER Amended Stipulated Protective Order by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
September 28, 2018 Filing 133 STIPULATION TO EXTEND TIME for the Parties to Exchange a List of Claim Construction Terms and and the Time for the Parties to Exchange a List of Claim Construction Terms and/or Phrases, with Constructions to October 3, 2018 and October 10, 2018, respectively - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
September 28, 2018 Filing 132 First AMENDED COMPLAINT against All Defendants - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Silver, Daniel)
September 27, 2018 Opinion or Order SO ORDERED, re #129 STIPULATION TO EXTEND TIME to Submit a Motion to Amend or Supplement the Pleadings to September 28, 2018 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 9/27/18. (ntl)
September 26, 2018 Opinion or Order Filing 131 ORDER re #130 Memorandum Opinion -- #68 MOTION for Jurisdictional Discovery filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. is DENIED; #70 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Grifols S.A. is DENIED. Signed by Judge Leonard P. Stark on 9/26/18. (ntl)
September 26, 2018 Filing 130 MEMORANDUM OPINION re pending motions. Signed by Judge Leonard P. Stark on 9/26/18. (ntl)
September 26, 2018 Filing 129 STIPULATION TO EXTEND TIME to Submit a Motion to Amend or Supplement the Pleadings to September 28, 2018 - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
September 26, 2018 Motion No Longer Referred to Judge Burke: #70 MOTION to Dismiss. (ntl)
September 26, 2018 Opinion or Order SO ORDERED, re #126 STIPULATION TO EXTEND TIME the Parties to Submit a Motion to Amend or Supplement the Pleadings to September 26, 2018 (from September 24, 2018) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 9/26/18. (ntl)
September 25, 2018 Opinion or Order Filing 128 ORDER re #127 Memorandum Opinion -- #69 MOTION to Dismiss for Failure to State a Claim filed by Grifols Diagnostic Solutions Inc., Hologic, Inc. is DENIED. Signed by Judge Leonard P. Stark on 9/25/18. (ntl)
September 25, 2018 Filing 127 MEMORANDUM OPINION re #69 motion to dismiss. Signed by Judge Leonard P. Stark on 9/25/18. (ntl)
September 24, 2018 Filing 126 STIPULATION TO EXTEND TIME the Parties to Submit a Motion to Amend or Supplement the Pleadings to September 26, 2018 (from September 24, 2018) - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
September 21, 2018 Filing 125 NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc..(Pascale, Karen)
September 20, 2018 Opinion or Order Filing 124 ORDER Setting Mediation Conference: A Telephone Conference is set for 4/8/2019 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 9/20/2018. (dlb)
September 19, 2018 Filing 123 Joint Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Results of the Patent Trial and Appeal Board - re #88 Scheduling Order,,. (Silver, Daniel)
September 18, 2018 Filing 122 NOTICE OF SERVICE of (1) Plaintiffs Responses and Objections to Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.s First Set of Requests for Production of Documents and Things (Nos. 1-75) and (2) Plaintiffs Biomerieux, S.A.s and Biomerieux, Inc.s Objections and Responses to Defendants First Set of Interrogatories to Plaintiffs (Nos. 1-14) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
September 18, 2018 Opinion or Order SO ORDERED, re #121 STIPULATION TO EXTEND TIME for the Parties to Submit a Motion to Amend or Supplement the Pleadings to September 24, 2018 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Signed by Judge Leonard P. Stark on 9/18/18. (ntl)
September 17, 2018 Filing 121 STIPULATION TO EXTEND TIME for the Parties to Submit a Motion to Amend or Supplement the Pleadings to September 24, 2018 - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
September 14, 2018 Filing 120 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Supplemental Letter Brief - re 118 Order,,. (Silver, Daniel)
September 12, 2018 Filing 119 Letter to The Honorable Leonard P. Stark from Karen L. Pascale regarding Choice of Law for Defendants' Motion to Dismiss - re 118 Order,,. (Pascale, Karen)
September 6, 2018 Opinion or Order Filing 118 ORAL ORDER: IT IS HEREBY ORDERED that: (i) not later than September 12, 2018, Hologic and Grifols shall file a supplemental letter brief, not to exceed three (3) pages, addressing whether the Court should apply the law of the Third or Fourth Circuit to Defendants' motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6) (see D.I. 69; D.I. 18; D.I. 30; D.I. 41), and what effect, if any, the answer to this question has on the motion; and (ii) not later than September 14, 2018, Biomerieux shall file a supplemental letter brief, not to exceed three (3) pages, providing its response. ORDERED by Judge Leonard P. Stark on 9/6/18. (ntl)
August 30, 2018 Filing 117 NOTICE OF SERVICE of (1) Plaintiffs Biomerieux, S.A. and Biomerieux, Inc.s First Set of Interrogatories to Defendants (Nos. 1-17) and (2) Plaintiffs Biomerieux, S.A. and Biomerieux, Inc.s First Set of Requests for Production to Defendants (Nos. 1-59) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
August 22, 2018 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Judge Leonard P. Stark on 8/21/2018. (dlb)
August 10, 2018 Filing 116 NOTICE requesting Clerk to remove Kyle D. Gooch as co-counsel. Reason for request: Mr. Gooch is no longer associated with Arnold & Porter Kaye Scholer LLP. (Pascale, Karen)
August 7, 2018 Filing 115 NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contentions filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
August 2, 2018 Filing 114 NOTICE OF SERVICE of 1) Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.'s First Set of Interrogatories to Plaintiffs bioMerieux, S.A. and bioMerieux, Inc. (Nos. 114); and 2) Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.'s First Set of Requests for Production of Documents and Things to Plaintiffs bioMerieux, S.A. and bioMerieux, Inc. (Nos. 175) filed by Grifols Diagnostic Solutions Inc., Hologic, Inc..(Pascale, Karen)
August 1, 2018 Opinion or Order SO ORDERED D.I. #113 STIPULATION TO EXTEND TIME Plaintiffs to produce initial claims chart relating each known accused product to the asserted claims each such product allegedly infringes; Defendants must produce initial invalidity contentions for each asserted claim, as filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Ordered by Judge Christopher J. Burke on 8/1/2018. (dlb)
July 31, 2018 Filing 113 STIPULATION TO EXTEND TIME Plaintiffs to produce initial claims chart relating each known accused product to the asserted claims each such product allegedly infringes; Defendants must produce initial invalidity contentions for each asserted claim, as well as the known related invalidating references; and Parties to exchange list of claim construction terms/phrases, with constructions to August 7, 2018, September 21, 2018 and October 5, 2018, respectively - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
July 19, 2018 Opinion or Order SO ORDERED D.I. #111 Proposed Protective Order filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Ordered by Judge Christopher J. Burke on 7/19/2018. (dlb)
July 16, 2018 Filing 112 STIPULATION TO EXTEND TIME the Deadline for Service of Initial Infringement Contentions and Initial Invalidity Contentions to See Stip for Details - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
July 16, 2018 Opinion or Order SO ORDERED D.I. #112 STIPULATION TO EXTEND TIME the Deadline for Service of Initial Infringement Contentions and Initial Invalidity Contentions to See Stip for Details filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Ordered by Judge Christopher J. Burke on 7/16/2018. (dlb)
July 10, 2018 Filing 111 PROPOSED ORDER Protective Order by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
July 2, 2018 Filing 110 [SEALED] REPLY BRIEF re #91 MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
July 2, 2018 Opinion or Order Filing 109 ORAL ORDER: Having reviewed the parties' letters regarding their protective order disputes (see D.I. 105, 106), the Court is persuaded by Defendants that there is good cause to designate a narrow category of highly confidential documents as Outside Counsel Eyes Only. The parties are direct competitors and the risk of inadvertent disclosure and competitive misuse of such information outweighs the prejudice from having to litigate by reliance on outside counsel. With respect to Confidential Information, the Court is persuaded by Plaintiffs that the scope of Defendants' proposed bar is too broad; the Court adopts Plaintiffs' proposal. Should the parties be unable to resolve specific disputes over redactions to confidential materials, they may, after appropriately meeting and conferring, bring such disputes to the Court through the Discovery Matters procedures. IT IS HEREBY ORDERED that the parties shall, no later than July 10, submit a proposed protective order consistent with today's order. The teleconference scheduled for tomorrow, July 3, is CANCELLED. ORDERED by Judge Leonard P. Stark on 7/2/18. (ntl)
June 28, 2018 Filing 108 REDACTED VERSION of #103 Declaration by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 28, 2018 Filing 107 REDACTED VERSION of #102 Answering Brief in Opposition, by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 27, 2018 Filing 106 Letter to The Honorable Leonard P. Stark from Karen L. Pascale on behalf of Defendants regarding discovery issue to be heard at July 3, 2018 Teleconference - re 104 Order Setting Teleconference,,,,. (Attachments: #1 Exhibit 1-4)(Pascale, Karen)
June 27, 2018 Filing 105 Letter to the Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Protective Order. (Attachments: #1 Exhibit A, #2 Exhibit B)(Silver, Daniel)
June 25, 2018 Opinion or Order Filing 104 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for July 3, 2018 at 9:45 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than June 27, 2018, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than June 29, 2018, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 6/25/18. (ntl)
June 21, 2018 Filing 103 [SEALED] DECLARATION re #102 Answering Brief in Opposition, of Charles L. McCloud by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit 1-5, #2 Certificate of Service)(Silver, Daniel)
June 21, 2018 Filing 102 [SEALED] ANSWERING BRIEF in Opposition re #91 MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..Reply Brief due date per Local Rules is 6/28/2018. (Attachments: #1 Certificate of Service)(Silver, Daniel)
June 18, 2018 Filing 101 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Request for the Scheduling of a Discovery Teleconference. (Silver, Daniel)
June 12, 2018 Opinion or Order SO ORDERED D.I. #100 STIPULATION TO EXTEND TIME for the parties to submit a Protective Order to Monday, June 18, 2018 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Ordered by Judge Christopher J. Burke on 6/12/18. (mlc)
June 11, 2018 Filing 100 STIPULATION TO EXTEND TIME for the parties to submit a Protective Order to Monday, June 18, 2018 - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 7, 2018 Filing 99 REDACTED VERSION of #93 Declaration, in Support of MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
June 7, 2018 Filing 98 REDACTED VERSION of #92 Opening Brief in Support, of MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Kraman, Pilar)
June 4, 2018 Filing 97 NOTICE OF SERVICE of 1) Hologic, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A); 2) Hologic, Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery; 3) Grifols Diagnostic Solutions Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A), and 4) Grifols Diagnostic Solutions Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery filed by Grifols Diagnostic Solutions Inc., Hologic, Inc..(Kraman, Pilar)
June 4, 2018 Filing 96 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
June 4, 2018 Filing 95 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit a Protective Order to June 11, 2018 - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
June 4, 2018 Opinion or Order SO ORDERED D.I. #95 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit a Protective Order to June 11, 2018 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Ordered by Judge Christopher J. Burke on 6/3/2018. (dlb)
May 31, 2018 Filing 94 NOTICE OF SERVICE of Defendants Hologic, Inc. and Grifols Diagnostic Solutions Inc.'s Core Technical Documents Pursuant to Paragraph 7(b) of the Scheduling Order (D.I. 88) and Paragraph 4.b. of the Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI) filed by Grifols Diagnostic Solutions Inc., Hologic, Inc..(Pascale, Karen)
May 31, 2018 Filing 93 [SEALED] DECLARATION re #91 MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings of Kyle D. Gooch by Grifols Diagnostic Solutions Inc., Hologic, Inc.. (Attachments: #1 Exhibit A - D)(Pascale, Karen)
May 31, 2018 Filing 92 [SEALED] OPENING BRIEF in Support re #91 MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings filed by Grifols Diagnostic Solutions Inc., Hologic, Inc..Answering Brief/Response due date per Local Rules is 6/14/2018. (Pascale, Karen)
May 31, 2018 Filing 91 MOTION to Sever Arbitrable License Defense and Stay Arbitration Proceedings - filed by Grifols Diagnostic Solutions Inc., Hologic, Inc.. (Pascale, Karen)
May 31, 2018 Opinion or Order SO ORDERED D.I. #90 STIPULATION TO EXTEND TIME to submit a Protective Order to June 4, 2018 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Ordered by Judge Christopher J. Burke on 5/31/2018. (dlb)
May 25, 2018 Filing 90 STIPULATION TO EXTEND TIME to submit a Protective Order to June 4, 2018 - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
May 24, 2018 Filing 89 Official Transcript of Case Management Conference held on May 5, 2018 before Judge Judge Burke. Court Reporter/Transcriber Taneha Carroll,Telephone number (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2018. Redacted Transcript Deadline set for 6/25/2018. Release of Transcript Restriction set for 8/22/2018. (dlb)
May 14, 2018 CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb)
May 14, 2018 Opinion or Order Filing 88 SCHEDULING ORDER: Joinder of Parties due by 9/17/2018. Amended Pleadings due by 9/17/2018. Discovery due by 2/16/2019. Status Report due by 10/5/2018. Dispositive Motions due by 8/23/2019. A Motion Hearing is set for 11/26/2019 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark A Markman Hearing is set for 1/28/2019 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 2/7/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 2/18/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 5/11/2018. (dlb)
May 11, 2018 Filing 87 STIPULATION and [Proposed] Order by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
May 11, 2018 Filing 86 PROPOSED ORDER Scheduling re Scheduling Conference,,, by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
May 11, 2018 Opinion or Order SO ORDERED D.I. #87 Stipulation re briefing for anticipated Motion to Sever filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Ordered by Judge Christopher J. Burke on 5/11/2018. (dlb)
May 10, 2018 Opinion or Order ORAL ORDER: With regard to Defendants' request, presented during the recent Case Management Conference ("CMC"), that the Court now order that any litigation activity between the date of the CMC and the date of a decision on Defendant's forthcoming motion to sever and stay may not be used by Plaintiffs to argue that Defendants have waived their right to seek arbitration with regard to a license defense, the Court DENIES the request. The Court is hesitant to make such a determination at this stage, without knowing: (1) what case activity will in fact occur during this time frame, or (2) how legal precedent suggests that a Court view such activity in the face of an assertion of waiver. It may be that the law will require that any such activity should not be held against Defendants for purposes of the waiver issue. But the Court is not prepared to so hold at this time. Ordered by Judge Christopher J. Burke on 5/10/2018. (dlb)
May 8, 2018 Pro Hac Vice Attorney Shaun P. Mahaffy, Paul B. Gaffney, Stanley E. Fisher for BIOMERIEUX, INC., BIOMERIEUX, S.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
May 8, 2018 Pro Hac Vice Attorney Charles L McCloud for BIOMERIEUX, INC. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
May 7, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 5/7/2018. During the CMC, the parties made arguments regarding a license defense and asked the Court to make a ruling regarding whether that defense should be stayed pending further briefing. The Court discussed the parties' submission regarding a schedule and ordered that Plaintiffs are to submit a revised proposed schedule by close of business 5/11/18. The Court further instructed that it would issue a brief oral order regarding the parties' dispute as to Defendants' license defense. (Clerk, J. Lyons)APPEARANCES: D. Silver, L. McCloud, S. Fisher, P. Gaffney for Plaintiffs; K. Pascale, M. Wolf, K. Gooch for Defendants (Court Reporter Taneha Carroll (Hawkins)) (dlb)
April 16, 2018 Filing 85 NOTICE OF SERVICE of Plaintiffs Initial Identification of Asserted Patents, Accused Products, and Damages Model filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..(Silver, Daniel)
April 4, 2018 Opinion or Order ORAL ORDER Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 5/7/2018 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/4/2018. (dlb)
March 28, 2018 Filing 84 PROPOSED ORDER Scheduling by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding Case Scheduling Order and Case Management Checklist, #2 Case Management Checklist)(Silver, Daniel)
March 27, 2018 Pro Hac Vice Attorney Masanori (Marty) Koresawa for Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
March 26, 2018 Filing 83 STIPULATION TO EXTEND TIME to Submit the Case Management Documents to Wednesday, March 28, 2018 - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
March 26, 2018 Opinion or Order SO ORDERED D.I. #83 STIPULATION TO EXTEND TIME to Submit the Case Management Documents to Wednesday, March 28, 2018 filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Ordered by Judge Christopher J. Burke on 3/26/2018. (dlb)
March 21, 2018 Opinion or Order SO ORDERED D.I. #82 MOTION for Pro Hac Vice Appearance of Attorney Masanori (Marty) Koresawa filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc.. Ordered by Judge Christopher J. Burke on 3/21/2018. (dlb)
March 20, 2018 Filing 82 MOTION for Pro Hac Vice Appearance of Attorney Masanori (Marty) Koresawa - filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
March 16, 2018 Filing 81 REPLY BRIEF re #70 MOTION to Dismiss for Lack of Jurisdiction Over the Person or, Alternatively, for Failure to State a Claim filed by Grifols S.A.. (Pascale, Karen)
March 16, 2018 Filing 80 STIPULATION TO EXTEND TIME See Stipulation for Details to Monday, March 26, 2018 (from Monday, March 19, 2018) - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
March 16, 2018 Filing 79 REPLY BRIEF re #68 MOTION for Discovery Plaintiffs' Alternative Motion for Jurisdictional Discovery filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
March 16, 2018 Opinion or Order SO ORDERED D.I. #80 STIPULATION TO EXTEND TIME to submit the Case Management Documents to Monday, March 26, 2018 (from Monday, March 19, 2018) filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Ordered by Judge Christopher J. Burke on 3/16/2018. (dlb)
March 9, 2018 Filing 78 MEMORANDUM in Opposition re #68 MOTION for Discovery Plaintiffs' Alternative Motion for Jurisdictional Discovery filed by Grifols S.A..Reply Brief due date per Local Rules is 3/16/2018. (Pascale, Karen)
March 9, 2018 Filing 77 DECLARATION re #76 Answering Brief in Opposition, of Charles L. McCloud by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit 1-5)(Silver, Daniel)
March 9, 2018 Filing 76 ANSWERING BRIEF in Opposition re #70 MOTION to Dismiss for Lack of Jurisdiction Over the Person or, Alternatively, for Failure to State a Claim filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..Reply Brief due date per Local Rules is 3/16/2018. (Silver, Daniel)
March 6, 2018 Opinion or Order SO ORDERED #66 MOTION for Pro Hac Vice Appearance of Attorney Paul B. Gaffney, Stanley E. Fisher, Charles L. McCloud & Shaun P. Mahaffy filed by BIOMERIEUX, INC., BIOMERIEUX, S.A., and #67 MOTION for Pro Hac Vice Appearance of Attorney David K. Barr and Attorney Kyle D. Gooch filed by Grifols S.A., Grifols Diagnostic Solutions Inc., Hologic, Inc. Ordered by Judge Christopher J. Burke on 3/6/2018. (dlb)
February 23, 2018 Filing 75 DECLARATION re #73 Opening Brief in Support, of Carsten Schroeder by Grifols S.A.. (Attachments: #1 Exhibit 1)(Pascale, Karen)
February 23, 2018 Filing 74 DECLARATION re #73 Opening Brief in Support, of Alfredo Arroyo by Grifols S.A.. (Pascale, Karen)
February 23, 2018 Filing 73 OPENING BRIEF in Support re #70 MOTION to Dismiss for Lack of Jurisdiction Over the Person or, Alternatively, for Failure to State a Claim [Revised] filed by Grifols S.A..Answering Brief/Response due date per Local Rules is 3/9/2018. (Pascale, Karen)
February 23, 2018 Filing 72 DECLARATION re #71 MEMORANDUM in Support, of Charles McCloud by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit 1-4)(Silver, Daniel)
February 23, 2018 Filing 71 MEMORANDUM in Support re #68 MOTION for Discovery Plaintiffs' Alternative Motion for Jurisdictional Discovery filed by BIOMERIEUX, INC., BIOMERIEUX, S.A..Answering Brief/Response due date per Local Rules is 3/9/2018. (Silver, Daniel)
February 21, 2018 MOTIONS REFERRED: D.I. #69 MOTION to Dismiss for Failure to State a Claim , and D.I. #70 MOTION to Dismiss for Lack of Jurisdiction Over the Person or, Alternatively, for Failure to State a Claim Motions referred to Christopher J. Burke.(dlb)
February 20, 2018 Filing 70 MOTION to Dismiss for Lack of Jurisdiction Over the Person or, Alternatively, for Failure to State a Claim - filed by Grifols S.A.. (Pascale, Karen)
February 20, 2018 Filing 69 MOTION to Dismiss for Failure to State a Claim - filed by Grifols Diagnostic Solutions Inc., Hologic, Inc.. (Pascale, Karen)
February 20, 2018 Filing 68 MOTION for Discovery Plaintiffs' Alternative Motion for Jurisdictional Discovery - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
February 20, 2018 Filing 67 MOTION for Pro Hac Vice Appearance of Attorney David K. Barr and Attorney Kyle D. Gooch - filed by Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc.. (Pascale, Karen)
February 15, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' Joint Statement Pursuant to Local Rule 81.2, (D.I. #64 ), and Joint Stipulation and Order Regarding Revised Briefing ("Joint Stipulation"), (D.I. #65 ), HEREBY ORDERS as follows: (1) The parties shall, within three (3) days from the date of this order, re-file each of the motions that were pending in the North Carolina Action prior to transfer to this district (i.e. D.I. 17; D.I. 26; D.I. 33), so that those motions will show as being "pending" in this Court; (2) The Joint Stipulation (D.I. 65) is SO ORDERED and the parties shall brief the pending motion to dismiss for lack of personal jurisdiction and the pending motion for jurisdictional discovery consistent with the schedule set out in that Joint Stipulation; and (3) The existing briefing related to the pending motion to dismiss for failure to state a claim, (D.I. 18; D.I. 30; D.I. 41) shall be deemed submitted in this action. IT IS FURTHER ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 2/15/2018. (mlc)
February 13, 2018 Filing 66 MOTION for Pro Hac Vice Appearance of Attorney Paul B. Gaffney, Stanley E. Fisher, Charles L. McCloud & Shaun P. Mahaffy - filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Certifications for Paul B. Gaffney, Stanley E. Fisher, Charles L. McCloud & Shaun P. Mahaffy)(Silver, Daniel)
February 12, 2018 Filing 65 Joint STIPULATION and Order Regarding Revised Briefing by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
February 12, 2018 Filing 64 Joint STATEMENT Pursuant to Local Rule 81.2 by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
January 19, 2018 Filing 63 NOTICE of Appearance by Karen L. Pascale on behalf of Grifols Diagnostic Solutions Inc., Grifols S.A., Hologic, Inc. (Pascale, Karen)
January 19, 2018 Filing 62 PROPOSED ORDER Procedures Order by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Silver, Daniel)
January 19, 2018 Opinion or Order SO ORDERED D.I. #62 Proposed Procedures Order filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. Ordered by Judge Christopher J. Burke on 1/19/2018. (dlb)
January 18, 2018 Filing 61 NOTICE of Appearance by Daniel M. Silver on behalf of BIOMERIEUX, INC., BIOMERIEUX, S.A. (Silver, Daniel)
January 18, 2018 Opinion or Order ORAL ORDER: Pursuant to Local Rule 81.2 (Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware, effective August 1, 2016), within 21 days of the filing of the case with this District, the parties are required to submit a statement identifying all pending matters which require judicial action. However, pursuant to Local Rule 83.5, the parties are not required to have Delaware counsel enter an appearance on their behalf until February 5, 2018. In light of this, the parties shall submit their Rule 81.2 statement identifying all pending matters which require judicial action no later than February 12, 2018.. Signed by Judge Christopher J. Burke on 1/18/2018. (dlb)
January 12, 2018 Opinion or Order Filing 60 ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 1/12/18. (ntl)
January 10, 2018 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
January 3, 2018 Filing 59 Local Counsel Letter sent. Notice of Compliance deadline set for 2/5/2018. (nmfn)
January 3, 2018 Filing 58 Record of case transferred in from District of North Carolina Middle; Case Number in Other District: 1:17-cv-00102. Copy of Docket Sheet and original file
January 3, 2018 Opinion or Order Filing 57 ORDER signed by JUDGE N. C. TILLEY, JR on 01/03/2018, that Plaintiffs' Alternative Motion to Transfer to Delaware [Doc. #49 ] is GRANTED and the Clerk of the Court is DIRECTED to TRANSFER this action to the United States District Court for the District of Delaware. All further filings in this matter are to be made in the transferee court, the United States District Court for the District of Delaware. FURTHER ORDERED that, by agreement of the parties, defendant Grifols S.A. ("GSA") has not waived, and has expressly preserved, its defense that the transferee court lacks personal jurisdiction over GSA. GSA may raise the defense with the transferee court pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. (Garland, Leah) [Transferred from North Carolina Middle on 1/3/2018.]
December 11, 2017 Filing 56 Consent MOTION to Transfer Case by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Response to Motion due by 1/2/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
November 17, 2017 Filing 55 Suggestion of Subsequently Decided Authority re #44 Brief, #43 Supplemental MOTION to Dismiss for Improper Venue, #51 Reply to Response to Motion, by Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
September 21, 2017 Filing 54 Suggestion of Subsequently Decided Authority re #48 Response in Opposition to Motion, by Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A.. (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
September 20, 2017 Filing 53 Suggestion of Subsequently Decided Authority re #44 Brief, #43 Supplemental MOTION to Dismiss for Improper Venue by Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
July 28, 2017 Filing 52 RESPONSE in Support re #49 MOTION to Transfer Case filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Replies due by 8/11/2017 (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
July 18, 2017 Set Reply Deadline re: #49 MOTION to Transfer Case: Replies due by 7/28/2017. (Garland, Leah) [Transferred from North Carolina Middle on 1/3/2018.]
July 14, 2017 Filing 51 REPLY, filed by Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC., to Response to #49 MOTION to Transfer Case , #43 Supplemental MOTION to Dismiss for Improper Venue and OPPOSITION TO PLAINTIFFS' ALTERNATIVE MOTION TO TRANSFER TO DELAWARE filed by GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
July 3, 2017 Filing 50 MOTION for Leave to File a Surreply Brief in Further Opposition to Plaintiffs' Alternative Motion for Jurisdictional Discovery by GRIFOLS S.A.. Response to Motion due by 7/24/2017 (Attachments: #1 Exhibit 1 (Proposed Surreply Brief))(MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
June 30, 2017 Filing 49 MOTION to Transfer Case by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Response to Motion due by 7/21/2017 (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
June 30, 2017 Filing 48 RESPONSE in Opposition re #43 Supplemental MOTION to Dismiss for Improper Venue filed by GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC. filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Replies due by 7/14/2017 (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
June 20, 2017 Filing 47 DECLARATION of Charles L. McCloud filed by Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A. re #46 Response in Support of Motion filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B)(MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
June 20, 2017 Filing 46 RESPONSE in Support re #33 MOTION for Discovery filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Replies due by 7/5/2017 (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
June 14, 2017 Reset Reply Deadlines pursuant to Local rule 7.3(h) re: #33 MOTION for Discovery: Replies due by 6/20/2017. (Garland, Leah) [Transferred from North Carolina Middle on 1/3/2018.]
June 13, 2017 Filing 45 RESPONSE in Opposition re #33 MOTION for Discovery filed by BIOMERIEUX, INC., BIOMERIEUX, S.A. filed by GRIFOLS S.A.. Replies due by 6/27/2017 (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
June 9, 2017 Filing 44 BRIEF re #43 Supplemental MOTION to Dismiss for Improper Venue by Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC. filed by GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC.. (RUSSELL, STEPHEN) [Transferred from North Carolina Middle on 1/3/2018.]
June 9, 2017 Filing 43 Supplemental MOTION to Dismiss for Improper Venue by GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC.. Response to Motion due by 6/30/2017 (RUSSELL, STEPHEN) [Transferred from North Carolina Middle on 1/3/2018.]
June 6, 2017 Filing 42 REPLY, filed by Defendant GRIFOLS S.A., to Response to #26 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim filed by GRIFOLS S.A.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
June 6, 2017 Filing 41 REPLY, filed by Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC., to Response to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS S.A., HOLOGIC, INC.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
May 31, 2017 Filing 40 NOTICE of Appearance by attorney MARTY KORESAWA on behalf of Defendant GRIFOLS S.A. (KORESAWA, MARTY) [Transferred from North Carolina Middle on 1/3/2018.]
May 31, 2017 Filing 39 NOTICE of Appearance by attorney MARTY KORESAWA on behalf of Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC. (KORESAWA, MARTY) [Transferred from North Carolina Middle on 1/3/2018.]
May 31, 2017 Filing 38 NOTICE of Appearance by attorney JENNIFER A. SKLENAR on behalf of Defendant GRIFOLS S.A. (SKLENAR, JENNIFER) [Transferred from North Carolina Middle on 1/3/2018.]
May 31, 2017 Filing 37 NOTICE of Appearance by attorney JENNIFER A. SKLENAR on behalf of Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC. (SKLENAR, JENNIFER) [Transferred from North Carolina Middle on 1/3/2018.]
May 31, 2017 Filing 36 NOTICE of Appearance by attorney MATTHEW M. WOLF on behalf of Defendant GRIFOLS S.A. (WOLF, MATTHEW) [Transferred from North Carolina Middle on 1/3/2018.]
May 31, 2017 Filing 35 NOTICE of Appearance by attorney MATTHEW M. WOLF on behalf of Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC. (WOLF, MATTHEW) [Transferred from North Carolina Middle on 1/3/2018.]
May 23, 2017 Filing 34 MEMORANDUM filed by Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A. re #33 MOTION for Discovery filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
May 23, 2017 Filing 33 MOTION for Discovery by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Response to Motion due by 6/13/2017 (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
May 23, 2017 Filing 32 DECLARATION filed by Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A. re #31 Response in Opposition to Motion, filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B, #3 Exhibit Exh. C, #4 Exhibit Exh. D, #5 Exhibit Exh. E)(MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
May 23, 2017 Filing 31 RESPONSE in Opposition re #26 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim filed by GRIFOLS S.A. filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Replies due by 6/6/2017 (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
May 23, 2017 Filing 30 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC. filed by BIOMERIEUX, INC., BIOMERIEUX, S.A.. Replies due by 6/6/2017 (MITCHELL, MICHAEL)[Transferred from North Carolina Middle on 1/3/2018.]
May 2, 2017 Filing 29 DECLARATION filed by Defendant GRIFOLS S.A. re #26 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim, #27 Brief in Support of Motion to Dismiss filed by GRIFOLS S.A.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
May 2, 2017 Filing 28 DECLARATION filed by Defendant GRIFOLS S.A. re #26 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim, #27 Brief in Support of Motion to Dismiss filed by GRIFOLS S.A.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
May 2, 2017 Filing 27 BRIEF re #26 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim by Defendant GRIFOLS S.A. filed by GRIFOLS S.A.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
May 2, 2017 Filing 26 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim by GRIFOLS S.A.. Response to Motion due by 5/23/2017 (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
May 2, 2017 Filing 25 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant GRIFOLS S.A. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
April 24, 2017 Opinion or Order Filing 24 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 04/24/2017, that bioMrieux's Consent Motion [Doc. #23 ] for Extension of Time for bioMrieux to Respond to the Motion to Dismiss of Grifols Diagnostic Solutions Inc. and Hologic, Inc. is GRANTED and bioMrieux will have to and including May 23, 2017, to respond to the Motion to Dismiss of Grifols Diagnostic Solutions Inc. and Hologic, Inc. (Garland, Leah) [Transferred from North Carolina Middle on 1/3/2018.]
April 19, 2017 Motions Referred: RE: #23 Consent MOTION for Extension of Time to File Response/Reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE JOI ELIZABETH PEAKE (Winchester, Robin) [Transferred from North Carolina Middle on 1/3/2018.]
April 18, 2017 Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BIOMERIEUX, INC., BIOMERIEUX, S.A.. (Attachments: #1 Text of Proposed Order Ex A - Proposed Order)(MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
April 18, 2017 Filing 22 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by GRIFOLS S.A.. (Attachments: #1 Text of Proposed Order (Exh A - Proposed Order))(MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
April 18, 2017 Filing 21 NOTICE of Appearance by attorney ALLISON MULLINS on behalf of Defendant GRIFOLS S.A. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
April 18, 2017 Filing 20 NOTICE of Appearance by attorney STEPHEN MCDANIEL RUSSELL, JR on behalf of Defendant GRIFOLS S.A. (RUSSELL, STEPHEN) [Transferred from North Carolina Middle on 1/3/2018.]
April 18, 2017 Opinion or Order ORDER granting #22 Motion for Extension of Time to Answer for GRIFOLS S.A. Answer due by 5/2/2017. Signed by John Brubaker, Clerk of Court, on 04/18/2017. (Brubaker, John) [Transferred from North Carolina Middle on 1/3/2018.]
April 13, 2017 Filing 19 AFFIDAVIT OF SERVICE as to GRIFOLS DIAGNOSTIC SOLUTIONS INC served on 2/9/2017, answer due 4/3/2017; GRIFOLS S.A. served on 3/28/2017, answer due 4/18/2017; HOLOGIC, INC. served on 2/9/2017, answer due 4/3/2017. (Attachments: #1 Exhibit Ex. A-Grifols Diagnostic Confirmation, #2 Exhibit Ex. B Hologic Confirmation, #3 Exhibit Ex. C Grifols, SA Confirmation)(MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
April 3, 2017 Filing 18 BRIEF re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC. by GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
April 3, 2017 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC.. Response to Motion due by 4/24/2017 (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
April 3, 2017 Filing 16 Corporate Disclosure Statement by GRIFOLS DIAGNOSTIC SOLUTIONS INC. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
April 3, 2017 Filing 15 Corporate Disclosure Statement by HOLOGIC, INC.. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
March 22, 2017 Filing 14 NOTICE of Appearance by attorney SHAUN P. MAHAFFY on behalf of Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A. (MAHAFFY, SHAUN) [Transferred from North Carolina Middle on 1/3/2018.]
March 21, 2017 Filing 13 NOTICE of Appearance by attorney STANLEY E. FISHER on behalf of Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A. (FISHER, STANLEY) [Transferred from North Carolina Middle on 1/3/2018.]
March 21, 2017 Filing 12 NOTICE of Appearance by attorney PAUL B. GAFFNEY on behalf of Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A. (GAFFNEY, PAUL) [Transferred from North Carolina Middle on 1/3/2018.]
March 21, 2017 Filing 11 NOTICE of Appearance by attorney CHARLES L. MCCLOUD on behalf of Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, S.A. (MCCLOUD, CHARLES) [Transferred from North Carolina Middle on 1/3/2018.]
March 6, 2017 Filing 10 Summons Issued as to GRIFOLS S.A. (Coyne, Michelle) [Transferred from North Carolina Middle on 1/3/2018.]
March 2, 2017 Filing 9 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC.. (Attachments: #1 Text of Proposed Order Order)(MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
March 2, 2017 Filing 8 NOTICE of Appearance by attorney ALLISON VAN LANINGHAM MULLINS on behalf of Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC. (MULLINS, ALLISON) [Transferred from North Carolina Middle on 1/3/2018.]
March 2, 2017 Filing 7 NOTICE of Appearance by attorney STEPHEN MCDANIEL RUSSELL, JR on behalf of Defendants GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC. (RUSSELL, STEPHEN) [Transferred from North Carolina Middle on 1/3/2018.]
March 2, 2017 Opinion or Order ORDER granting #9 Motion for Extension of Time to Answer for GRIFOLS DIAGNOSTIC SOLUTIONS INC and HOLOGIC, INC. Answer due by 4/3/2017. Signed by John Brubaker, Clerk of Court, on 03/02/2017. (Brubaker, John) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 Filing 6 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 Filing 5 Summons Issued as to GRIFOLS DIAGNOSTIC SOLUTIONS INC, HOLOGIC, INC.. (Attachments: #1 Hologic)(Coyne, Michelle) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 Filing 4 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff BIOMERIEUX, INC.. (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 Filing 3 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff BIOMERIEUX, SA. (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 Filing 2 NOTICE of Appearance by attorney MICHAEL W. MITCHELL on behalf of Plaintiffs BIOMERIEUX, INC., BIOMERIEUX, SA (MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 Filing 1 COMPLAINT against GRIFOLS DIAGNOSTIC SOLUTIONS INC, GRIFOLS SA, HOLOGIC INC ( Filing fee $ 400 receipt number 0418-2065628.), filed by BIOMERIEUX, INC., BIOMERIEUX, SA. (Attachments: #1 Exhibit '352 Patent, #2 Exhibit '262 Patent)(MITCHELL, MICHAEL) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) [Transferred from North Carolina Middle on 1/3/2018.]
February 3, 2017 Case ASSIGNED to JUDGE N. C. TILLEY, JR and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. Set flag for Magistrate Judge Joi Elizabeth Peake. (Coyne, Michelle) [Transferred from North Carolina Middle on 1/3/2018.]

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Search for this case: bioMerieux, S.A. et al v. Hologic Inc., et al
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Plaintiff: BIOMERIEUX, INC.
Represented By: Daniel M. Silver
Represented By: Charles L. McCloud
Represented By: Stanley E. Fisher
Represented By: Shaun P. Mahaffy
Represented By: Paul B. Gaffney
Represented By: Alexandra M. Joyce
Represented By: Anne M. Rucker
Represented By: Alison Newman
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Plaintiff: BIOMERIEUX, S.A.
Represented By: Daniel M. Silver
Represented By: Stanley E. Fisher
Represented By: Shaun P. Mahaffy
Represented By: Paul B. Gaffney
Represented By: Alexandra M. Joyce
Represented By: Anne M. Rucker
Represented By: Alison Newman
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Defendant: Grifols Diagnostic Solutions Inc.
Represented By: Karen L. Pascale
Represented By: Masanori (Marty) Koresawa
Represented By: Mishele Kieffer
Represented By: Matthew M. Wolf
Represented By: Pilar Gabrielle Kraman
Represented By: Philip W. Marsh
Represented By: Jennifer A. Sklenar
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Defendant: Grifols S.A.
Represented By: Karen L. Pascale
Represented By: Masanori (Marty) Koresawa
Represented By: Mishele Kieffer
Represented By: Matthew M. Wolf
Represented By: Pilar Gabrielle Kraman
Represented By: Philip W. Marsh
Represented By: Jennifer A. Sklenar
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Defendant: Hologic, Inc.
Represented By: Karen L. Pascale
Represented By: Masanori (Marty) Koresawa
Represented By: Mishele Kieffer
Represented By: Matthew M. Wolf
Represented By: Pilar Gabrielle Kraman
Represented By: Philip W. Marsh
Represented By: Jennifer A. Sklenar
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