In re: NeuroGrafix ('360) Patent Litigation
Defendant: St. Mary's Health Care System, Inc., The University of Chicago, Brainlab Medizinische Computersysteme GmbH, The University of Chicago Medical Center, Tenet Healthcare Corporation, BRAINLAB AG, Hitachi Medical Systems America, Inc., The Johns Hopkins Hospital, York Hospital, Toshiba Medical Systems Corporation, Toshiba America Medical Systems, Inc., Brainlab, Inc., Seashore Imaging, LLC, Philips Medical Systems Nederland B.V., Invivo Corporation, The Johns Hopkins University, Philips Healthcare Informatics, Inc., St. Mary's Medical Group, Inc., Coastal Radiology Associates, PLLC, Tufts Medical Center a/k/a Tufts Shared Services, Inc., Wellspan Medical Group, Saint Louis University, Hitachi Medical Corporation, Koninklijke Philips Electronics N.V., Eastern Radiologists, Inc., Smart Scan MRI, LLC, Athens Radiology Associates, P.C., Philips Electronics North America Corporation and Tufts Medical Center Physicians Organization
Consolidated Plaintiff: Consolidated Plaintiffs
In Re: NeuroGrafix ('360) Patent Litigation
Consolidated Defendant: Consolidated Defendants
Case Number: 1:2013md02432
Filed: April 2, 2013
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: Suffolk
Presiding Judge: Richard G Stearns
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2018 Filing 495 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #493 Motion for Leave to Appeal. The MDL panel has transferred this case to the N.D.Il. and this court has no further jurisdiction. (Tang, Danni)
June 29, 2018 Filing 494 NOTICE from the MDL Panel of remand order. (Attachments: #1 Judge Stearns remand order)(Jones, Sherry)
June 29, 2018 Filing 493 MOTION for Leave to Appeal May 25, 2018 Order by Consolidated Plaintiffs. (Attachments: #1 Exhibit A - Order)(Straus, Alex)
June 20, 2018 Filing 492 Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Pacho, Arnold)
June 20, 2018 Filing 491 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #485 Motion for Reconsideration ; finding as moot #490 Motion for Leave to File Reply (having considered its contents). In its motion for reconsideration, Neurografix contends that various published articles provide evidence of direct and induced infringement. "A motion for reconsideration is not the venue to undo procedural snafus or permit a party to advance arguments it should have developed prior to judgment, nor is it a mechanism to regurgitate 'old arguments previously considered and rejected.'" Biltcliffe v. CitiMortgage, Inc., 772 F.3d 925, 930 (1st Cir. 2014) (citations omitted). "To obtain relief, the movant must demonstrate either that newly discovered evidence (not previously available) has come to light or that the rendering court committed a manifest error of law." Palmer v. Champion Mortg., 465 F.3d 24, 30 (1st Cir. 2006). Neurografix does not identify a "manifest error of law," nor do the articles qualify as newly discovered evidence warranting reconsideration - "there is no showing that the information could not have been obtained through the use of due diligence before the summary judgment motions." Minh Tu v. Mut. Life Ins. Co. of New York, 136 F.3d 77, 82 (1st Cir. 1998). Indeed, Neurografix attached many of the articles as exhibits to its motion for leave to file proposed second amended complaint (which was denied), but did not include on rely on them as part of the summary judgment record. Nor has the court misapprehended the evidence, as Neurografix suggests. Of the two articles that were referenced in the summary judgment pleadings, Neurografix conceded that "Wu and colleagues did not use any BrainLAB products and in fact most of the underlying research was done before BrainLAB began to market the offending product." Pl.'s Opp'n to Def.'s Mot. for Summ. J. of No Lost Profits, Dkt # 464 at 7. The other article, Sivakanthan, was published in 2016, 3 years after the expiration of the asserted patent. Neither article provides material evidence of infringement.The court notes that Neurografix's counsel has apologized to Brainlab's counsel for the overheated rhetoric of its motion, see Opp'n, dkt # 489 at 4 n.1., and cautions counsel for Neurografix, as officers of the court, to take greater care in their pleadings. Allegations of misconduct are a serious matter, and cannot be made lightly.This case (No. 13-10758), along with the other member cases of this MDL, were referred to this court for "coordinated or consolidated pretrial proceedings." Dkt #1 at 3. These being completed, the court recommends the remand of Brainlab's remaining counterclaim for declaratory judgment of invalidity of the '360 patent, see Brainlab's Answer to Supplemental Complaint, No. 13-10758 Dkt # 42 at 7, to the Northern District of Illinois for trial. (Tang, Danni) Modified on 6/20/2018 (Tang, Danni).
June 19, 2018 Filing 490 MOTION for Leave to File Reply to Defendants' Response to Plaintiffs' Motion for Reconsideration by Consolidated Plaintiffs. (Attachments: #1 Exhibit A)(Straus, Alex)
June 18, 2018 Filing 489 Opposition re #485 MOTION for Reconsideration re #484 Order on Motion for Partial Summary Judgment,,,,,, Order on Motion for Miscellaneous Relief,,, Order on Motion to Amend,, filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit 1 - Young, et al., Article)(Ennis, Marissa)
June 6, 2018 Filing 488 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #487 Motion for Leave to Appear Pro Hac Vice. Added Chanel Katiraie. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
June 6, 2018 Filing 487 MOTION for Leave to Appear Pro Hac Vice for admission of Chanel Katiraie Filing fee: $ 100, receipt number 0101-7173590 by Consolidated Plaintiffs. (Attachments: #1 Declaration, #2 Exhibit A)(Straus, Alex)
June 6, 2018 Filing 486 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #477 Motion for Leave to Appear Pro Hac Vice. Added Katrina M. Quicker. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
June 4, 2018 Filing 485 MOTION for Reconsideration re #484 Order on Motion for Partial Summary Judgment,,,,,, Order on Motion for Miscellaneous Relief,,, Order on Motion to Amend,, by Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Declaration)(Straus, Alex)
May 25, 2018 Filing 484 Judge Richard G. Stearns: ORDER entered granting #455 Motion for Partial Summary Judgment; finding as moot #457 Motion for Partial Summary Judgment; finding as moot #460 Motion to EXCLUDE EXPERT OPINION OF DR. AARON FILLER AND MR. JOHN ELMORE ON DAMAGES; finding as moot #483 Motion to Amend Statement of Material Facts. "For the foregoing reasons, Brainlab's motion for summary judgment of noninfringement is ALLOWED. Brainlab's motions for summary judgment of no lost profit damages and to exclude damages expert opinions are MOOT." (RGS, int2)
May 24, 2018 Filing 483 MOTION to Amend #459 Statement of Material Facts L.R. 56.1,,,,, by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit Ex. A - Proposed Amended Statement of Facts for Motions for Summary Judgment)(Ennis, Marissa)
May 24, 2018 Filing 482 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #480 Johns Hopkins Hospital (JHH)'s Motion for Costs for responding to third-party subpoena from Neurografix. The costs incurred were not unduly burdensome given that JHH was a party in this litigation, the subpoena was quashed and JHH was not required to fully respond, and there was no finding that the subpoena was vexatious. (RGS, int2)
May 23, 2018 Filing 481 RESPONSE to Motion re #480 MOTION for Costs Incurred in Responding to Plaintiffs' Subpoena and Customer Surveys filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Straus, Alex)
May 21, 2018 Filing 480 MOTION for Costs Incurred in Responding to Plaintiffs' Subpoena and Customer Surveys by The Johns Hopkins Hospital.(Repicky, Heather)
May 21, 2018 Filing 479 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #476 Motion to Intervene to the extent that Johns Hopkins seeks leave to file its motions for costs and fees associated with responding to third-party subpoena. (RGS, int2)
May 18, 2018 Filing 478 NOTICE of Appearance by Alison C. Casey on behalf of The Johns Hopkins Hospital (Casey, Alison)
May 18, 2018 Filing 477 MOTION for Leave to Appear Pro Hac Vice for admission of Katrina M. Quicker Filing fee: $ 100, receipt number 0101-7146864 by The Johns Hopkins Hospital. (Attachments: #1 Affidavit)(Repicky, Heather)
May 18, 2018 Filing 476 MOTION to Intervene by The Johns Hopkins Hospital. (Attachments: #1 Exhibit A (Motion for Costs Incurred in Responding to Plaintiffs' Subpoena and Customer Surveys))(Repicky, Heather)
May 18, 2018 Filing 475 NOTICE of Appearance by Heather B. Repicky on behalf of The Johns Hopkins Hospital (Repicky, Heather)
April 2, 2018 Filing 474 SUR-REPLY to Motion re #460 MOTION TO EXCLUDE EXPERT OPINION OF DR. AARON FILLER AND MR. JOHN ELMORE ON DAMAGES filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Straus, Alex)
April 2, 2018 Filing 473 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #472 Motion for Leave to File Sur-reply, and requesting courtesy copy of same; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2)
April 2, 2018 Filing 472 MOTION for Leave to File Sur-Reply by Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Straus, Alex)
March 29, 2018 Filing 471 REPLY to Response to #455 MOTION for Partial Summary Judgment of Noninfringement filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit Ex. CC - Declaration of Michael Moseley, PhD)(Ennis, Marissa)
March 29, 2018 Filing 470 REPLY to Response to #457 MOTION for Partial Summary Judgment of No Lost Profit Damages filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit Ex. BB - Redacted Checks to NIMA)(Ennis, Marissa)
March 29, 2018 Filing 469 REPLY to Response to #460 MOTION TO EXCLUDE EXPERT OPINION OF DR. AARON FILLER AND MR. JOHN ELMORE ON DAMAGES filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit Excerpts of Deposition of Mr. John Elmore)(Ennis, Marissa)
March 8, 2018 Filing 468 Exhibit in support of Opposition #462 re #460 MOTION TO EXCLUDE EXPERT OPINION OF DR. AARON FILLER AND MR. JOHN ELMORE ON DAMAGES Exhibit D filed by Consolidated Plaintiffs. (Straus, Alex) Modified docket text to reflect type of filing and correct docket entry relationship on 3/9/2018 (Pacho, Arnold).
March 8, 2018 Filing 467 Exhibit in support of Opposition #464 re #457 MOTION for Partial Summary Judgment of No Lost Profit Damages Exhibit D filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit E)(Straus, Alex) Modified docket text to reflect title of filing and correct docket entry relationship on 3/9/2018 (Pacho, Arnold).
March 8, 2018 Filing 466 Declaration of Aaron G. Filler as to facts asserted in plaintiff's opposition #464 re #457 MOTION for Partial Summary Judgment of No Lost Profit Damages Declaration of Dr. Aaron Filler filed by Consolidated Plaintiffs. (Straus, Alex) Modified docket text to reflect title of filing and correct docket entry relationship on 3/9/2018 (Pacho, Arnold).
March 8, 2018 Filing 465 Counter Statement of Material Facts L.R. 56.1 re #455 MOTION for Partial Summary Judgment of Noninfringement filed by Consolidated Plaintiffs. (Straus, Alex)
March 8, 2018 Filing 464 Opposition re #457 MOTION for Partial Summary Judgment of No Lost Profit Damages filed by Consolidated Plaintiffs. (Attachments: #1 A, #2 B, #3 C, #4 G, #5 H, #6 I)(Straus, Alex)
March 8, 2018 Filing 463 Opposition re #455 MOTION for Partial Summary Judgment of Noninfringement filed by Consolidated Plaintiffs. (Straus, Alex)
March 8, 2018 Filing 462 PLAINTIFFS' RESPONSE IN OPPOSITION to Motion re #460 MOTION TO EXCLUDE EXPERT OPINION OF DR. AARON FILLER AND MR. JOHN ELMORE ON DAMAGES filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E)(Straus, Alex) Modified docket text to reflect filing title on 3/9/2018 (Pacho, Arnold).
February 8, 2018 Filing 461 MEMORANDUM in Support re #460 MOTION TO EXCLUDE EXPERT OPINION OF DR. AARON FILLER AND MR. JOHN ELMORE ON DAMAGES filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Ennis, Marissa)
February 8, 2018 Filing 460 MOTION TO EXCLUDE EXPERT OPINION OF DR. AARON FILLER AND MR. JOHN ELMORE ON DAMAGES by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Ennis, Marissa)
February 8, 2018 Filing 459 Statement of Material Facts L.R. 56.1 re #457 MOTION for Partial Summary Judgment of No Lost Profit Damages, #455 MOTION for Partial Summary Judgment of Noninfringement filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Index of Exhibits for Statement of Facts/Motions for Summary Judgment, #2 Exhibit Ex. A - Pl 9/24/17 Filler Report, #3 Exhibit Ex B - Pl John Gore Report, #4 Exhibit Ex C - Pl John Elmore Report, #5 Exhibit Ex D - Pl David Laidlaw Report, #6 Exhibit Ex E - Pl Traver Lentz Report, #7 Exhibit Ex F - Pl 11/16/17 Filler Rebuttal Report, #8 Exhibit Ex F - Pl 11/16/17 Filler Rebuttal Report, #9 Exhibit Ex H - Filler Reply to Leach Report, #10 Exhibit Ex I - Filler Reply to Tsung Report, #11 Exhibit Ex J - Filler Reply to Brlas Report, #12 Exhibit Ex K - FiberTracking Manual, #13 Exhibit Ex L - Yale-New Haven Hospital Report, exhibit to Elmore Report, #14 Exhibit Ex M - Excerpts of 12/27/17 Filler Dep, #15 Exhibit Ex N - Excerpts of Elmore Dep, #16 Exhibit Ex O - 2000 NeuroGrafix Business Plan, #17 Exhibit Ex P - 2010 IBSC Business Plan, #18 Exhibit Ex Q - DE 9/21/17 Moseley Report, #19 Exhibit Ex R - DE Tsung Report, #20 Exhibit Ex S - DE Leach Report, #21 Exhibit Ex T - DE Brlas Report, #22 Exhibit Ex U - DE 11/16/17 Moseley Report, #23 Exhibit Ex V - Decl of G. Ogrezeanu, Brainlab)(Ennis, Marissa)
February 8, 2018 Filing 458 MEMORANDUM in Support re #457 MOTION for Partial Summary Judgment of No Lost Profit Damages filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Ennis, Marissa)
February 8, 2018 Filing 457 MOTION for Partial Summary Judgment of No Lost Profit Damages by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Ennis, Marissa)
February 8, 2018 Filing 456 MEMORANDUM in Support re #455 MOTION for Partial Summary Judgment of Noninfringement filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Ennis, Marissa)
February 8, 2018 Filing 455 MOTION for Summary Judgment of Noninfringement by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Ennis, Marissa) Modified on 2/8/2018 to correct docket text (Pacho, Arnold).
January 3, 2018 Filing 454 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #451 Motion for Order to Exclude. Dr. Filler's Verified Supplemental Interrogatories Responses, served on December 27, 2017, will be stricken as untimely. Fact discovery concluded on August 22, 2017. See Dkt. # 397. The court will not preclude plaintiffs from asserting claim 47, as it was included in plaintiffs' infringement contentions of April 7, 2014, and the court sees no evidence of an unequivocal withdrawal. However, as is the court's usual practice, plaintiffs' experts will be limited to offering opinions timely disclosed in their reports pursuant to Fed. R. Civ. P. 26(a)(2)(B). (Zierk, Marsha)
January 2, 2018 Filing 453 Judge Richard G. Stearns: ELECTRONIC ORDER entered permitting Brainlab, Inc., Brainlab AG, and Brainlab Medizinische Computersysteme GMBH to file a Reply to Neurografix Opposition to Emergency Motion to Exclude Plaintiffs' Supplemental Interrogatories no later than Friday, January 5, 2018. (Zierk, Marsha)
December 31, 2017 Filing 452 RESPONSE to Motion re #451 Emergency MOTION for Order to EXCLUDE PLAINTIFFS SUPPLEMENTAL INTERROGATORY ANSWERS AND FOR SANCTIONS filed by Consolidated Plaintiffs. (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)(Straus, Alex)
December 29, 2017 Filing 451 Emergency MOTION for Order to EXCLUDE PLAINTIFFS SUPPLEMENTAL INTERROGATORY ANSWERS AND FOR SANCTIONS by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit Ex. A - Plaintiff's Supplemental Response to Brainlab's Interrogatories)(Ennis, Marissa)
December 22, 2017 Filing 450 STIPULATION of Dismissal Joint Stipulation of Dismissal by Wellspan Medical Group, York Hospital. (Paquin, Joseph)
December 21, 2017 Filing 449 Joint Stipulation of Dismissal Tenet Healthcare Corporation and Saint Louis University by Saint Louis University, Tenet Healthcare Corporation.(Miller, Ryan) Modified on 12/22/2017 to correct docket text and terminate motion(Caruso, Stephanie).
September 28, 2017 Filing 448 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #423 Motion for Extension of Time; denying #424 Motion for Leave to File Second Supplement Complaint; finding as moot #447 Motion for Leave to File Reply (the court having considered the contents of the proposed reply). The relevant procedural history of this long-pending case can be summarized as follows. In 2012, Neurografix filed suit against Brainlab alleging infringement of the '360 patent. The case was consolidated with others into the current MDL. After extensive discovery, the parties whittled the list of accused instrumentalities down to Brainlab's FiberTracking software. See Dkt # 362. In January of 2017, at the request of both parties, the court extended the pretrial deadlines, expanding the fact discovery period to conclude on May 24, 2017. See Dkt # 364. In June of 2017, to accommodate Neurografix's hiring of new counsel, the court extended the date further, to August 22, 2017, but with the warning that "[a]s fact discovery has been ongoing for several years in this five-year old case, the court will not permit the parties to retrod well-worn grounds. The remaining fact discovery must focus on new issues raised by the proposed complaint and/or any new defenses, or that could not otherwise have been reasonably completed prior to this time." Dkt # 397. On July 13, 2017, the court denied Neurografix's motion to file a Second Supplemental Complaint because, inter alia, the proposed Complaint "attempts to re-expand the list of accused instrumentalities... [and] [p]laintiffs provide[d] no justifications for this belated attempt to undo the lengthy efforts to narrow the dispute." Dkt # 400. With Neurografix's consent, its newly engaged counsel withdrew on August 11, 2017, representing to the court, however, that Neurografix was aware of the remaining deadlines in the case and "fe[lt it] will be able to proceed with remaining fact and/or expert discovery... [and] move forward with the litigation in a satisfactory matter...." Dkt # 409. On August 14, 2017, the court permitted Neurografix's successor counsel, Alex Strauss, to immediately begin participating in the litigation, a month prior to his being sworn in to the District of Massachusetts federal bar. The court also made arrangements for Mr. Strauss to receive early access to electronic filing on CM/ECF. On the final day of fact discovery, without notice to Brainlab, Neurografix's current counsel served surveys and subpoenas on Brainlab's customers, seeking what it contended was evidence necessary to support its indirect infringement claims. On September 6, 2017, the court allowed Brainlab's motion for a protective order, finding that "Neurografix has been aware of its indirect infringement claim against Brainlab since at least as early as the Supplemental Complaint filed in December of 2013. See Dkt # 52, paras. 85-86 (alleging Brainlab's indirect infringement). The court sees no reason why discovery of Brainlab's customers - the would-be direct infringers and at the core of the indirect infringement claim - could not have been timely completed." Dkt # 422.On the following day, September 7, 2017, Neurografix filed the instant motions for leave to file a Second Supplemental Complaint and to extend the discovery schedule. Neurografix relies on what it claims is information that it independently discovered in August of 2017, while it was unrepresented by counsel, which information, according to Neurografix, Brainlab should have earlier produced in response to Neurografix's timely discovery requests. This "newly discovered" information falls into two categories: first, evidence that Brainlabs has provided remuneration, either in entertainment such as dinner and drinks, or payments for consulting, ranging from under $100 to several thousands of dollars, to prominent neurosurgeons; and second, dozens of publicly available articles, including some co-authored by Brainlab employees, describing the use of Brainlab's software in allegedly infringing ways. Out of this Neurografix spins a recycled agency theory. Neurografix alleges that Brainlab, through the meals, drinks, and consulting fees, established a principal-agent relationship with the neurosurgeons, and exerted control over them to practice the asserted method claims while performing brain surgery for Brainlab's benefit. Neurografix's proposed new theory is nothing more than a last-ditch attempt to repackage the inducement claim that it has long alleged but neglected until the close of fact discovery. The so-called agency theory of patent infringement, as developed by the Federal Circuit in Akamai Techs., Inc. v. Limelight Networks, Inc., 797 F.3d 1020, 1022-1023 (Fed. Cir. 2015), is potentially viable where there is no single entity that performs all of the steps of a method claim. In such a circumstance, the Federal Circuit held that all of the steps may be attributable to a single entity as the direct infringer "where that entity directs or controls others' performance, and (2) where the actors form a joint enterprise." Id. at 1022. The agency theory has no application here as Neurografix alleges that "BrainLab intends for Neurosurgeons to carry out each step of Claim 36." Proposed Compl. para. 61 (emphasis added). This is, thus, a classic inducement claim. As the court previous noted, Neurografix has been aware of this claim since at least the First Supplement Complaint filed in December of 2013. Neurografix must face the consequences for its failure to fully develop this claim in the more than three years since. As further grounds, the court will also deny the motion for leave to file a Second Supplemental Complaint because it belatedly attempts to broaden the list of accused instrumentalities.In light of the time it has taken to brief these motions, the court will permit a brief extension of the expert discovery schedule, as follows. Opening expert reports due 10/19/2017; rebuttal reports 11/16/2017; reply reports 12/7/2017; expert discovery closes 1/8/2018; dispositive motions to be filed no later than 2/8/2018; oppositions 3/8/2018; replies 3/29/2018.(RGS, int2)
September 27, 2017 Filing 447 MOTION for Leave to File Reply to Defendant's Opposition to Plaintiffs Motion for Leave to File Second Supplemental Complaint by Consolidated Plaintiffs. (Attachments: #1 Exhibit A)(Straus, Alex)
September 21, 2017 Filing 446 Opposition re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Declaration of Jay R. Campbell, #2 Exhibit A, #3 Exhibit B)(Ennis, Marissa)
September 14, 2017 Filing 445 Notice of correction to docket made by Court staff. Correction: Docket Entry 444 corrected because: Incorrectly filed as a Motion for Extension of Time, corrected to reflect a Reply. Counsel is reminded that such pleadings have their own events and should be docket as instructed in the CM/ECF Administrative Procedures. (Caruso, Stephanie)
September 14, 2017 Filing 444 Plaintiffs' Reply to Defendant's #441 Opposition re #423 MOTION for Extension of Time For Discovery by Consolidated Plaintiffs. (Attachments: #1 Declaration of Dr. Aaron Filler, #2 Exhibit A, #3 Exhibit B)(Straus, Alex) Modified on 9/14/2017 (Caruso, Stephanie).
September 13, 2017 Filing 443 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #442 Motion for Leave to File Reply re Motion to Extend Discovery ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2)
September 13, 2017 Filing 442 MOTION for Leave to File Reply to Defendant's Opposition to Motion to Extend Discovery by Consolidated Plaintiffs. (Attachments: #1 Exhibit Proposed Reply, #2 Exhibit Declaration, #3 Exhibit A, #4 Exhibit B)(Straus, Alex)
September 12, 2017 Filing 441 Opposition re #423 MOTION for Extension of Time For Discovery filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Affidavit of Jay R. Campbell, #2 Exhibit A)(Ennis, Marissa)
September 12, 2017 Filing 440 Notice of correction to docket made by Court staff. Correction: Docket entries 424 and 434 corrected because: To replace incorrect version of Proposed Second Supplemental Amended Complaint (Docket No. 424) and to correct cover pages of Exhibits DD1 and Exhibits FF1 (Docket No. 434) at the request of Attorney Alex Straus. (Caruso, Stephanie)
September 11, 2017 Filing 439 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit EE4 by Consolidated Plaintiffs. (Straus, Alex)
September 11, 2017 Filing 438 Notice of correction to docket made by Court staff. Correction: Docket Entry 437 corrected because: To separate Exhibits as attachments to Declaration. (Caruso, Stephanie)
September 11, 2017 Filing 437 DECLARATION re #423 MOTION for Extension of Time For Discovery Declaration of Dr. Aaron Filler by Consolidated Plaintiffs. (Straus, Alex) (Main Document 437 replaced on 9/11/2017) (Caruso, Stephanie). (Additional attachment(s) added on 9/11/2017: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Caruso, Stephanie).
September 11, 2017 Filing 436 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #435 Motion to Seal Exhibits E, G, and H. Counsel is reminded that, pursuant to L.R. 7.1, they must meet and confer prior to filing a motion, and include a certificate of consultation with the motion. (RGS, int2)
September 8, 2017 Filing 435 MOTION to Seal Document Exhibits E, G and H to Docket Entry No. 424 by Consolidated Plaintiffs.(Straus, Alex)
September 7, 2017 Filing 434 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit D by Consolidated Plaintiffs. (Attachments: #1 Exhibit DD1, #2 Exhibit FF1, #3 Exhibit G, #4 Exhibit H, #5 Exhibit L, #6 Exhibit N, #7 Exhibit Z9, #8 Exhibit Declaration of Dr. Aaron Filler)(Straus, Alex) (Attachment 1 replaced on 9/12/2017) (Caruso, Stephanie). (Attachment 2 replaced on 9/12/2017) (Caruso, Stephanie). (Additional attachment(s) added on 9/18/2017: #9 Exhibit G Sealed, #10 Exhibit H Sealed) (Caruso, Stephanie).
September 7, 2017 Filing 433 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit Y by Consolidated Plaintiffs. (Attachments: #1 Exhibit Z1, #2 Exhibit Z2, #3 Exhibit Z3, #4 Exhibit Z4, #5 Exhibit Z5, #6 Exhibit Z6, #7 Exhibit Z7, #8 Exhibit Z8, #9 Exhibit Z10, #10 Exhibit Z11)(Straus, Alex)
September 7, 2017 Filing 432 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit M by Consolidated Plaintiffs. (Attachments: #1 Exhibit O, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit R, #5 Exhibit S, #6 Exhibit T, #7 Exhibit U, #8 Exhibit V, #9 Exhibit W, #10 Exhibit X)(Straus, Alex)
September 7, 2017 Filing 431 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit II2 by Consolidated Plaintiffs. (Attachments: #1 Exhibit II3, #2 Exhibit II4, #3 Exhibit J, #4 Exhibit JJ, #5 Exhibit KK1, #6 Exhibit KK2, #7 Exhibit KK3, #8 Exhibit K, #9 Exhibit LL1, #10 Exhibit LL2)(Straus, Alex)
September 7, 2017 Filing 430 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint GG1 by Consolidated Plaintiffs. (Attachments: #1 Exhibit GG2, #2 Exhibit HH1, #3 Exhibit HH2, #4 Exhibit HH3, #5 Exhibit HH4, #6 Exhibit HH5, #7 Exhibit HH6, #8 Exhibit I, #9 Exhibit II1)(Straus, Alex)
September 7, 2017 Filing 429 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit B by Consolidated Plaintiffs. (Attachments: #1 Exhibit BB, #2 Exhibit C, #3 Exhibit CC, #4 Exhibit DD2, #5 Exhibit E, #6 Exhibit EE1, #7 Exhibit EE2, #8 Exhibit EE3, #9 Exhibit FF2, #10 Exhibit F)(Straus, Alex)
September 7, 2017 Filing 428 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit AA3 by Consolidated Plaintiffs. (Attachments: #1 Exhibit AA4, #2 Exhibit AA5, #3 Exhibit AA6, #4 Exhibit AA7, #5 Exhibit AA8, #6 Exhibit AA9, #7 Exhibit AA10, #8 Exhibit AA11, #9 Exhibit AA12)(Straus, Alex)
September 7, 2017 Filing 427 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit AA2 by Consolidated Plaintiffs. (Straus, Alex)
September 7, 2017 Filing 426 EXHIBIT re #425 Exhibit Exhibit AA1 by Consolidated Plaintiffs. (Straus, Alex)
September 7, 2017 Filing 425 EXHIBIT re #424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint Exhibit A by Consolidated Plaintiffs. (Straus, Alex)
September 7, 2017 Filing 424 MOTION for Leave to File Proposed Second Supplemental Amended Complaint by Consolidated Plaintiffs. (Attachments: #1 Exhibit Proposed Second Supplemental Amended Complaint)(Straus, Alex) (Attachment 1 replaced on 9/12/2017) (Caruso, Stephanie). (Attachment 1 replaced on 9/12/2017) (Caruso, Stephanie).
September 7, 2017 Filing 423 MOTION for Extension of Time For Discovery by Consolidated Plaintiffs.(Straus, Alex) (Main Document 423 replaced on 9/7/2017) (Caruso, Stephanie).
September 6, 2017 Filing 422 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #418 Motion for Protective Order; granting #421 Motion for Protective Order. When the court allowed an extension to the discovery schedule in June of 2017 to accommodate Neurografix's retention of new counsel, given that this case had been pending for more than five years and discovery had been ongoing for several years, it was with the express caveat "[t]he remaining fact discovery must focus on new issues raised by the proposed complaint and/or any new defenses, or that could not otherwise have been reasonably completed prior to this time." Dkt. # 397. Neurografix has been aware of its indirect infringement claim against Brainlab since at least as early as the Supplemental Complaint filed in December of 2013. See Dkt # 52, paras. 85-86 (alleging Brainlab's indirect infringement). The court sees no reason why discovery of Brainlab's customers - the would-be direct infringers and at the core of the indirect infringement claim - could not have been timely completed. The parties are to meet-and-confer regarding the most efficient and effective way to inform Brainlab's customers of the court's protective order, with Neurografix to bear the cost of any such missives. (RGS, int2)
September 5, 2017 Filing 421 MOTION for Protective Order Regarding Customer Subpoenas by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Affidavit of Jay R. Campbell, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Ennis, Marissa)
September 5, 2017 Filing 420 First RESPONSE to Motion re #418 Emergency MOTION for Protective Order Regarding Customer Surveys filed by Consolidated Plaintiffs. (Swiggart, William)
September 5, 2017 Filing 419 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #417 Motion for Leave to Appear Pro Hac Vice Added Brian K. Brookey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie)
September 5, 2017 Filing 418 Emergency MOTION for Protective Order Regarding Customer Surveys by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Affidavit of Jay R. Campbell, #2 Exhibit A)(Ennis, Marissa)
September 1, 2017 Filing 417 MOTION for Leave to Appear Pro Hac Vice for admission of Brian K. Brookey Filing fee: $ 100, receipt number 0101-6778892 by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Declaration)(Repicky, Heather)
September 1, 2017 Filing 416 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #415 Motion for Leave to Appear Pro Hac Vice Added Alex R. Straus. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie)
August 31, 2017 Filing 415 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Alex R. Straus Filing fee: $ 100, receipt number 0101-6776852 by Consolidated Plaintiffs.(Swiggart, William) (Main Document 415 replaced on 9/1/2017) (Caruso, Stephanie). (Additional attachment(s) added on 9/1/2017: #1 Affidavit) (Caruso, Stephanie).
August 28, 2017 Filing 414 NOTICE of Appearance by William F. Swiggart on behalf of Consolidated Plaintiffs (Swiggart, William)
August 21, 2017 Filing 413 NOTICE of Appearance by Danielle M. Callahan on behalf of Consolidated Plaintiffs (Callahan, Danielle)
August 14, 2017 Filing 412 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #411 Statement of counsel filed by Brainlab, Inc., Brainlab Medizinische Computersysteme GmbH, BRAINLAB AG. Attorney Alex Straus may represent Dr. Filler at his deposition on 8/15/2017, as well as take Brainlab's deposition later this month, prior to his being sworn in to the D.Mass federal bar on September 22, 2017, provided, as Brainlab indicated, that Attorney Straus agrees in writing to be bound by the protective order in this case.(RGS, int2)
August 13, 2017 Filing 411 STATEMENT OF COUNSEL by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Ryland, Josh)
August 11, 2017 Filing 410 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #409 Motion to Withdraw as Attorney. Attorney Lucia A. Passanisi and Catherine I. Rajwani terminated. (RGS, int2)
August 11, 2017 Filing 409 Emergency MOTION to Withdraw as Attorney by Consolidated Plaintiffs. (Attachments: #1 Exhibit A)(Passanisi, Lucia)
August 2, 2017 Filing 408 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #403 Motion for Protective Order as Neurografix has not explained how the sought third-party discovery relates to FiberTracking, the only accused product remaining in the case. Neurografix also does not justify the belated issuance of third-party discovery requests in light of changed law where what it considers the pivotal decision, Akamai v. Limelight, was issued in 2015.In light of the foregoing, finding as moot #407 Motion for Leave to File Document. (RGS, int2)
August 2, 2017 Filing 407 MOTION for Leave to File a Reply In Support of Brainlab's Motion for a Protective Order by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Brainlab's [Proposed] Reply In Support of Its Motion for a Protective Order, #2 Affidavit of Jay R. Campbell)(Ryland, Josh)
August 1, 2017 Filing 406 Opposition re #403 MOTION for Protective Order filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Passanisi, Lucia)
July 25, 2017 Filing 405 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #404 Motion to Strike. The court reminds the parties that under the Local Rules, they must meet and confer in good faith to attempt to narrow the dispute prior to filing a motion with the court. The parties shall meet and confer regarding the subject of Brainlab's motion for a protective order before 7/28/17. Neurografix will have until 8/1/17 to oppose the motion for a protective order, and indicate to the court whether they have narrowed the dispute. (RGS, int2)
July 25, 2017 Filing 404 Emergency MOTION to Strike #403 MOTION for Protective Order for Failure to Conference by Consolidated Plaintiffs. (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)(Passanisi, Lucia)
July 24, 2017 Filing 403 MOTION for Protective Order by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Affidavit of Jay R. Campbell, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Ryland, Josh)
July 13, 2017 Filing 402 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #401 Motion for Leave to Appear Pro Hac Vice Added Marissa M. Ennis. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie)
July 13, 2017 Filing 401 MOTION for Leave to Appear Pro Hac Vice for admission of Marissa M. Ennis Filing fee: $ 100, receipt number 0101-6709376 by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Affidavit)(Repicky, Heather)
July 13, 2017 Filing 400 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #394 Motion to File A Second Supplemental Complaint. Plaintiffs' articulated rationale for seeking an amendment at this late stage (the litigation against the Brainlab defendants having been pending since 2012) is to conform the allegations to new developments in the law of induced infringement and facts obtained in discovery. This is unnecessary in light of plaintiffs' assertion that they "do not believe the operative complaint (Docket No. 52) to be deficient as it pertains to the Defendant BrainLAB Parties," Mot. at 1 n.1, and because the Supplemental Complaint has not been challenged on these grounds. Further, the proposed Second Supplemental Complaint attempts to re-expand the list of accused instrumentalities after the parties had limited the list, following years of discovery, to Brainlab's Fibertracking software. See Dkt. No. 362. Plaintiffs provide no justifications for this belated attempt to undo the lengthy efforts to narrow the dispute.(RGS, int2)
July 3, 2017 Filing 399 ELECTRONIC NOTICE issued requesting courtesy copy for #398 Opposition to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Caruso, Stephanie)
June 30, 2017 Filing 398 Opposition re #394 MOTION to Amend #52 Amended Complaint (Supplemental Complaint) filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Affidavit of Jay R. Campbell In Support of Brainlab's Opposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Ryland, Josh) (Main Document 398 replaced on 7/3/2017 per request of counsel correct an identification of one of Defendants products on pages 13 and 14 of the original brief . )
June 23, 2017 Filing 397 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #396 Motion for Extension of Time. In light of plaintiffs' pending motion to amend the complaint and that plaintiffs have recently engaged new counsel, the court will allow the 90-day extension of the schedule as requested, subject to the following limitation. As fact discovery has been ongoing for several years in this five-year old case, the court will not permit the parties to retrod well-worn grounds. The remaining fact discovery must focus on new issues raised by the proposed complaint and/or any new defenses, or that could not otherwise have been reasonably completed prior to this time. To the extent that the parties cannot agree on the permissible scope of fact discovery, the court will entertain motions on an expedited basis (clarification motions must be no more than five pages, and oppositions to be due in 7 days). Fact discovery to be concluded no later than 8/22/12017; opening expert reports 9/24/2017; rebuttal reports 10/24/2017; reply reports 11/14/2017; expert discovery closes 12/12/2017. Dispositive motions to be filed before 1/9/2018; oppositions due 2/6/2018; replies 3/1/2018. (RGS, int2)
June 22, 2017 Filing 396 Emergency MOTION for Extension of Time of Pretrial Deadlines by Consolidated Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Rajwani, Catherine)
June 21, 2017 Filing 395 ELECTRONIC NOTICE issued, pursuant to the court's standing order, requesting courtesy copy for #394 MOTION to Amend #52 Amended Complaint (Supplemental Complaint). Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office as soon as possible. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (RGS, int2)
June 16, 2017 Filing 394 MOTION to Amend #52 Amended Complaint (Supplemental Complaint) by Consolidated Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Rajwani, Catherine) (Attachment 1 replaced on 6/19/2017) (Caruso, Stephanie). (Attachment 1 replaced on 6/21/2017) (Caruso, Stephanie).
June 16, 2017 Filing 393 NOTICE of Appearance by Catherine I. Rajwani on behalf of Consolidated Plaintiffs (Rajwani, Catherine)
June 2, 2017 Filing 392 Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: denying #370 Motion for Leave to Appear Pro Hac Vice ; Status Conference held on 6/2/2017. Given Dr. Filler's role as co-plaintiff and key witness, the court deems that he may not serve as plaintiffs' lead counsel of record under Mass. R. Prof'l Conduct 3.7. Plaintiffs have until 6/16/2017 to submit a motion to seek leave to file an amended complaint. Attorney Rajwani has the court's permission to prosecute the motion to amend whether or not she undertakes to serve as plaintiffs' lead counsel. Plaintiffs have until 6/16/2017 to inform the court whether attorney Rajwani will be appointed lead counsel. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Filler and Rajwani (by phone) for Pltfs., Campbell, Ryland, and Repicky for Defs) (RGS, int2)
June 1, 2017 Filing 391 STATEMENT OF COUNSEL of Jay R. Campbell by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit (Proposed Amended Complaint))(Repicky, Heather)
May 31, 2017 Filing 390 Response by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. to #381 Notice of Withdrawal of Appearance . (Ryland, Josh)
May 31, 2017 Filing 389 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #373 Motion to Compel on plaintiffs' representation that they have supplemented their interrogatory responses. (RGS, int2)
May 31, 2017 Filing 388 NOTICE Resetting, as to TIME, 6/2/17 Status Conference. Status Conference set for 6/2/2017 at 12:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)
May 30, 2017 Filing 387 Opposition re #373 MOTION to Compel Plaintiffs to Supplement Their Answers to Brainlab's First Set of Interrogatories filed by Consolidated Plaintiffs. (Rajwani, Catherine)
May 26, 2017 Filing 386 ELECTRONIC NOTICE of Hearing. Status Conference set for 6/2/2017 at 11:30 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)
May 26, 2017 Filing 385 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #383 Motion for Status Conference to address the myriad issues raised by Dr. Filler's proposal to serve as plaintiffs' lead counsel. The Clerk will schedule a conference for Friday, 6/2/2017 at 11:30 AM. (RGS, int2)
May 24, 2017 Filing 384 MEMORANDUM in Support re #383 MOTION for a Status Conference and Hearing filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Ryland, Josh)
May 24, 2017 Filing 383 MOTION for a Status Conference and Hearing by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Ryland, Josh)
May 23, 2017 Filing 382 RESPONSE TO COURT ORDER by Consolidated Plaintiffs re 375 Order, . (Attachments: #1 Exhibit A)(Rajwani, Catherine)
May 17, 2017 Filing 381 NOTICE of Withdrawal of Appearance by Amir A. Naini of Russ, August & Kabat Attoneys as counsel for Plaintiffs (Naini, Amir)
May 17, 2017 Filing 380 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #376 Motion to Dismiss; granting #377 Motion to Dismiss; granting #378 Motion to Dismiss; granting #379 Motion to Dismiss as to Toshiba Medical and their customer defendants pursuant to the parties' stipulation and joint motion. (RGS, int2)
May 16, 2017 Filing 379 Joint MOTION to Dismiss Defendants Toshiba America Medical Systems, Inc, Toshiba Medical Systems Corporation and Smart Scan MRI LLC by NeuroGrafix ('360) Patent Litigation.(Naini, Amir)
May 16, 2017 Filing 378 Joint MOTION to Dismiss Defendants Toshiba America Medical Systems, Inc, Toshiba Medical Systems Corporation, Coastal Radiology Associates PLLC, Eastern Radiologists Inc. and Seashore Imaging LLC by NeuroGrafix ('360) Patent Litigation.(Naini, Amir)
May 16, 2017 Filing 377 Joint MOTION to Dismiss Defendants Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation, Athens Radiology Associates PC, St. Marys Health Care System, Inc., and St. Marys Medical Group, Inc., by NeuroGrafix ('360) Patent Litigation.(Naini, Amir)
May 16, 2017 Filing 376 Joint MOTION to Dismiss Defendants Toshiba America Medical Systems, Inc. and Toshiba Medical Systems Corporation by NeuroGrafix ('360) Patent Litigation.(Naini, Amir)
May 16, 2017 Filing 375 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #372 Opposition to Motion, filed by Brainlab, Inc., Brainlab Medizinische Computersysteme GmbH, BRAINLAB AG. Dr. Filler to respond no later than 5/23/2017 to Brainlab's objection to his representing himself and co-plaintiffs in this matter, addressing particularly the conflict and confidentiality concerns raised by Brainlab.(RGS, int2)
May 15, 2017 Filing 374 MEMORANDUM in Support re #373 MOTION to Compel Plaintiffs to Supplement Their Answers to Brainlab's First Set of Interrogatories filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Ryland, Josh)
May 15, 2017 Filing 373 MOTION to Compel Plaintiffs to Supplement Their Answers to Brainlab's First Set of Interrogatories by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Declaration of Joshua M. Ryland, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Ryland, Josh)
May 15, 2017 Filing 372 Opposition re #370 MOTION for Leave to Appear Pro Hac Vice for admission of Aaron G. Filler Filing fee: $ 100, receipt number 0101-6622236 filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Declaration of Joshua M. Ryland, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Ryland, Josh)
May 11, 2017 Filing 371 NOTICE of Withdrawal of Appearance by David S. Godkin (Godkin, David)
May 11, 2017 Filing 370 MOTION for Leave to Appear Pro Hac Vice for admission of Aaron G. Filler Filing fee: $ 100, receipt number 0101-6622236 by Consolidated Plaintiffs. (Attachments: #1 Exhibit Certificate of Aaron G. Filler)(Passanisi, Lucia)
May 10, 2017 Filing 369 NOTICE of Appearance by Lucia A. Passanisi on behalf of Consolidated Plaintiffs (Passanisi, Lucia)
May 10, 2017 Filing 368 NOTICE of Appearance by Catherine I. Rajwani on behalf of Consolidated Plaintiffs (Rajwani, Catherine)
April 18, 2017 Filing 367 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #366 Motion to Stay. The Toshiba member case of this MDL is stayed until June 14, 2017 in light of and to implement the parties' settlement. (RGS, int2)
April 14, 2017 Filing 366 Joint MOTION to Stay Toshiba Medical Actions Pending Finalization of Settlement by NeuroGrafix ('360) Patent Litigation.(Fenster, Marc)
March 23, 2017 Filing 365 NOTICE of Settlement Between NeuroGrafix and Toshiba Medical by NeuroGrafix ('360) Patent Litigation (Naini, Amir)
January 23, 2017 Filing 364 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #363 Motion to Continue Pretrial Deadlines. Fact discovery to be completed 5/24/2017; opening expert reports 6/26/2017; rebuttal reports 7/26/2017; reply expert reports 8/16/2017; expert discovery closes 9/13/2017; dispositive motions to be filed on or before 10/11/2017; oppositions 11/8/2017; replies 12/1/2017. (RGS, int2)
January 20, 2017 Filing 363 Joint MOTION to Continue Case Deadlines by NeuroGrafix ('360) Patent Litigation.(Weiss, Andrew)
January 11, 2017 Filing 362 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #350 Motion to Compel; denying #353 Motion to Compel. Plaintiff Neurografix seeks to compel defendant Brainlabs to produce discovery related to its accused products. The parties having agreed that Brainlabs's only accused instrumentality is its FiberTracking software, Brainlabs's discovery obligations will be limited to this product (and software bundles to the extent they include FiberTracking). In its first motion (dkt. # 350), Neurografix seeks technical documentation, marketing materials, sales/profits/customer information, and supplementation of Brainlabs's explication of its defenses. The court understands that Brainlabs has produced the source code to FiberTracking for inspection by Neurografix's expert witness, and other technical documents such as user manuals. To the extent that Brainlabs possesses other technical documentation relating to the functionality of FiberTracking, Brainlabs must produce them before January 25, 2017. Brainlabs has represented that it has produced all relevant marketing materials, or that they are publicly available on its website. With respect to sales and profit information, Brainlabs has represented that is has produced all the information that it internally tracks with respect to FiberTracking. To the extent that Neurografix seeks sales and profit information of software bundles, the parties are to first meet and confer regarding the scope of the request. The court denies Neurografix's request for Brainlabs to produce customer contact information. Brainlabs has already produced its customer list for FiberTracking, and as noted by Brainlabs, Neurografix may serve any third-party discovery requests on the customer entity rather than a particular individual. Neurgrafix may identify to Brainlabs, and the parties should first meet and conferm regarding the need for any specific customer contact information. With respect to Brainlabs's explication of its defenses, likewise, Neurografix should identify the specific deficiencies and give Brainlabs an opportunity to remedy them. The court denies Neurografix's second motion (dkt. 353) requesting Brainlabs to identify specific portions of its source code that correspond with various claimed functionality. Brainlabs denies that FiberTracking performs the accused functionality. It is up to Neurografix, and not Brainlabs, to make out the elements of its claims. Brainlabs has represented that its source code, at 20,000 lines, is not unduly lengthy, and that Neurografix's expert has already inspected it over the course of two days. The court also denies the parties' cross requests for sanctions. (RGS, int2)
January 9, 2017 Filing 361 Opposition re #353 MOTION to Compel DEFENDANTS BRAINLAB, INC., BRAINLAB AG AND BRAINLAB MEDIZINISCHE COMPUTERSYSTEME GMBH TO PROPERLY RESPOND TO COMMON INTERROGATORY NOS. 7-9 filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Campbell Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Ryland, Josh)
January 9, 2017 Filing 360 STIPULATION of Dismissal With Prejudice by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
January 9, 2017 Filing 359 STIPULATION of Dismissal with Prejudice by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
January 6, 2017 Filing 358 NOTICE: Commission for Depositions in Japan signed & sealed original provided to counsel 1/6/17. re 357 (Seelye, Terri)
January 6, 2017 Filing 357 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #356 Joint Motion for Order to Commission Depositions in Japan. Litigants to contact the clerk's office for the signed and sealed copy of the commission. (RGS, int2)
January 5, 2017 Filing 356 Joint MOTION for Order to Commission for Depositions in Japan by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Commision for Depositions in Japan)(Kroeger, Paul)
January 4, 2017 Filing 355 Opposition re #350 MOTION to Compel DEFENDANTS BRAINLAB, INC., BRAINLAB AG AND BRAINLAB MEDIZINISCHE COMPUTERSYSTEME GMBH TO PRODUCE DOCUMENTS AND PROVIDE COMPLETE INTERROGATORY RESPONSES filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Declaration of Jay R. Campbell, #2 Exhibit 1 to Campbell Declaration)(Ryland, Josh)
January 4, 2017 Filing 354 MEMORANDUM in Support re #353 MOTION to Compel DEFENDANTS BRAINLAB, INC., BRAINLAB AG AND BRAINLAB MEDIZINISCHE COMPUTERSYSTEME GMBH TO PROPERLY RESPOND TO COMMON INTERROGATORY NOS. 7-9 filed by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Weiss, Andrew)
January 4, 2017 Filing 353 MOTION to Compel DEFENDANTS BRAINLAB, INC., BRAINLAB AG AND BRAINLAB MEDIZINISCHE COMPUTERSYSTEME GMBH TO PROPERLY RESPOND TO COMMON INTERROGATORY NOS. 7-9 by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Declaration of Andrew D. Weiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Weiss, Andrew)
December 30, 2016 Filing 352 NOTICE of Withdrawal of Appearance by Melissa Nott Davis (Davis, Melissa)
December 30, 2016 Filing 351 NOTICE of Appearance by Sarah Chapin Columbia on behalf of Hitachi Medical Corporation, Hitachi Medical Systems America, Inc. (Columbia, Sarah)
December 23, 2016 Filing 350 MOTION to Compel DEFENDANTS BRAINLAB, INC., BRAINLAB AG AND BRAINLAB MEDIZINISCHE COMPUTERSYSTEME GMBH TO PRODUCE DOCUMENTS AND PROVIDE COMPLETE INTERROGATORY RESPONSES by Consolidated Plaintiffs. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U)(Weiss, Andrew)
November 9, 2016 Filing 349 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #348 Motion for Leave to Appear Pro Hac Vice Added Maio. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
November 8, 2016 Filing 348 MOTION for Leave to Appear Pro Hac Vice for admission of Justin E. Maio Filing fee: $ 100, receipt number 0101-6366496 by Consolidated Plaintiffs. (Attachments: #1 Certificate)(Godkin, David)
November 8, 2016 Filing 347 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #346 Motion to Continue Stay until Jan. 8, 2017 re Hitachi litigation for the parties to fully execute their settlement agreement. (RGS, int2)
November 7, 2016 Filing 346 Joint MOTION to Continue Stay of Hitachi Medical Action Pending Finalization of Settlement to January 8, 2017 by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc..(Davis, Melissa)
October 13, 2016 Filing 345 Judge Richard G. Stearns: ORDER entered. PROTECTIVE ORDER(RGS, int2)
October 13, 2016 Filing 344 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #343 Motion for Protective Order pursuant to the parties' stipulation. (RGS, int2)
October 12, 2016 Filing 343 Joint MOTION for Protective Order - Joint Motion for Entry of [Proposed] Stipulated Amended Protective Order by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Claassen, Brian)
September 21, 2016 Filing 342 Preliminary Invalidity and Non-Infringement Contentions by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Lateef, Irfan)
September 21, 2016 Filing 341 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #340 Motion to Amend Non-infringement Contentions in light of the court's claim construction ruling. (RGS, int2)
September 20, 2016 Filing 340 MOTION to Amend #210 Preliminary Invalidity and Non-Infringement Contentions by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Attachments: #1 Appendix)(Lateef, Irfan)
September 9, 2016 Filing 339 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #338 Motion to Stay as to the Hitachi defendants pending settlement finalization until Nov. 9, 2016. (RGS, int2)
September 9, 2016 Filing 338 Joint MOTION to Stay Case Additional 60 Days Pending Finalization of Settlement by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc..(Davis, Melissa)
September 6, 2016 Filing 337 Judge Richard G. Stearns: ORDER entered. SCHEDULING ORDER: Fact discovery to be completed by 2/27/2017. Opening expert report 3/27/2017, rebuttal reports 4/27/2017, reply reports 5/18/2017. Expert discovery to close 6/15/2017. Dispositive motions due by 7/13/2017, oppositions due 8/10/2017, replies due 8/31/2017.(RGS, int2)
September 2, 2016 Filing 336 Recommendations for Scheduling Order [PROPOSED] SCHEDULING ORDER. (Fenster, Marc)
August 19, 2016 Filing 335 Judge Richard G. Stearns: ELECTRONIC ORDER entered. MEMORANDUM AND OPINION construing claims. "The claim terms at issue will be construed for the jury and for all other purposes in a manner consistent with the above rulings of the court. The parties have until September 2, 2016, to submit a joint proposed schedule for the conclusion of fact discovery, expert discovery, and dispositive motions."(RGS, int2)
August 18, 2016 Filing 334 Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Markman Hearing held on 8/18/2016. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Fenster and Naini for plaintiffs; Anapol, Campbell, Claassen, and Lateef for defendants) Dr. Filler and Professor Molesley presented technical tutorials. The court has taken the matter under advisement. (RGS, int2)
August 17, 2016 Filing 333 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #332 Motion for Clarification. Brainlab argued in its early summary judgment motion that its customers cannot be direct infringers (and thus it cannot be an indirect infringer) because the customers were licensed under the asserted patent by the settlement agreements between Neurografix and MRI manufacturers Siemens, Philips, and GE. The court determined, as a matter of contract, that Brainlab cannot be liable to any infringement (direct or indirect) related to the use of a Siemens MRI machine, but however, it is not so shielded under the Philips and GE agreements. The parties did not brief, not can the court determine from the limited record submitted, whether Brainlab customers that use GE or Philips MRI machines may directly infringe the asserted claims and whether Brainlab may be indirectly liable. This is an issue more appropriately addressed at a later date, when the parties have completed fact and expert discovery. (RGS, int2)
August 17, 2016 Filing 332 MOTION for Clarification re 328 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,, by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit A - Letter to M. Fenster, #2 Exhibit B - Letter to J. Campbell)(Ryland, Josh)
August 11, 2016 Filing 331 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #330 Motion to Stay as to the litigation against Hitachi Medical in light of the parties' settlement. The claims are stayed 30 days to permit the parties time to consummate the settlement. The parties to inform the court at the end of the stay if the claims should be returned to active status. (RGS, int2)
August 11, 2016 Filing 330 Joint MOTION to Stay and Notice of Settlement by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc..(Davis, Melissa)
August 4, 2016 Filing 329 ELECTRONIC NOTICE OF RESCHEDULING, as to TIME, ONLY. Markman Hearing RESET for 8/18/2016 AT 1:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)
August 1, 2016 Filing 328 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #229 Motion for Summary Judgment. Brainlab moves for summary judgment of noninfringement. It argues that it does not directly infringe the '360 patent because it does not manufacture or sell allegedly infringing MRI equipment; rather, Brainlab produces software that processes the output from Siemens, GE, or Philips MRIs. Brainlab also contends that it does not indirectly infringe because Siemens, GE, and Philips have each reached separate settlement agreements with plaintiffs to release the MRI manufacturers and their customers from infringement claims. Brainlab argues that absent direct customer infringement, it cannot be liable for indirect infringement. See Dynacore Holdings Corp. v. U.S. Philips Corp., 363 F.3d 1263, 1272 (Fed. Cir. 2004).Plaintiffs, for their part, counter that at least two of the manufacturer settlement agreements exclude any alleged infringement by Brainlab. In addition, Brainlab is liable for indirect infringement because there are unauthorized independent medical practitioners who directly infringe the asserted claims. Plaintiffs also maintain that Brainlab is itself a direct infringer because it markets and sells the BrainSuite product, an integrated turnkey platform for performing neurosurgery. According to plaintiffs, BrainSuite incorporates an MRI system and performs the accused functionality. Plaintiffs finally contend that Brainlab is liable as a direct infringer for "direct[ing] or control[ling]" the users of the BrainSuite to infringe the '360 patent. Akamai Techs. Inv. v. Limelight Networks, Inc., 797 F.3d 1020, 1022 (Fed. Cir. 2015).Brainlab's potential liability turns on the scope of each of the manufacturer settlement agreements. The Siemens agreement defines "Licensed Products" as any product or service, including but not limited to, MRI scanners, software components and related services, devices, systems, methods or other offerings, that has been, is or will be developed, made, used, marketed, distributed, purchased, offered for sale, leased, rented, licensed, imported, exported and/or sold by, or on behalf of, Siemens or their Affiliates that would, by itself or in combination with a Third Party's products or services, infringe any claim within the Licensed Patents but for the Licenses granted in this Agreement.Siemens Agreement 1 (emphasis added). The Siemens agreement also extends a patent license to Siemens's "direct and indirect customers." Id. 4.1. A Brainsuite user that employes a Siemens MRI system and is also a Siemens customer, and the Brainsuite product is a licensed combination of a Siemens MRI system and a third-party component. (As for Dr. Filler's suggestion that Brainlab purchases the MRI systems from a manufacturer and in turn provides it as a part of Brainsuite, Brainlab would also itself stand in the shoes of a Siemens customer.)The Philips agreement differs in several respects. Although it includes "Licensed Patents" and "Licensed Products" in the definition section, it does not grant a patent license. Rather, the signatories agreed to a release and a covenant not to sue. "[T]he covenant [not to sue] shall extend to... any direct or indirect customers of Philips... for any combination of products and/or services that included products and/or services of (i) Philips... and (ii) Brainlab," however, "[n]othing in this covenant is intended to extend to Brainlab." Id. 5.1. Likewise, the release does not extend to Brainlab. See id. 3.1. Thus, to the extent that Brainsuite may in combination with a Philips MRI system infringe the '360 patent (plaintiffs state in their responsive statement of facts that they have not fully explored this issue in discovery), plaintiffs have not waived the right to pursue damages from Brainlab (less any recovery already obtained from Philips for the same infringement).The GE agreement provides a patent license, but that license expressly excludes "any infringement attributable to Brainlab... even when combined with products or services from GE." GE Agreement 4.1. Thus, a combination of Brainsuite with a GE MRI system is excluded from the license. To the extent that Brainsuite may infringe the '360, Brainlab may be liable.Finally, with respect to indirect infringement by unauthorized independent medical practitioners, Brainlab points out plaintiffs have no evidence that any of the handful of such practitioners identified by plaintiffs used Brainlab products in their alleged infringement. For the foregoing reasons, Brainlabs motion for summary judgment of noninfringement is ALLOWED IN PART in connection with Siemens MRI systems and the so-called unauthorized independent medical practitioners, and DENIED IN PART in connection with Philips and GE MRI systems.In light of the foregoing rulings on the summary judgment motions, the court will cancel the motion hearing scheduled for August 19, 2016 at 2pm, but will see the parties on August 18, 2016 at 2pm for the Markman hearing. (RGS, int2)
August 1, 2016 Filing 327 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #219 Motion for Summary Judgment; denying #237 Motion for Summary Judgment. Defendants Hitachi Medical and Toshiba Medical move for summary judgment limiting the damages period on the same two legal theories - laches and failure to mark under 35 U.S.C. 287. Defendants contend that plaintiffs were aware of their alleged infringing activity as early as 2006, but did not bring suit until 2015, after the 2013 expiration of the '360 patent. Defendants argue that because the delay exceeded 6 years, they are entitled to a presumption of laches, and further that they suffered evidentiary prejudice from the dissipation of memory and unavailability of witnesses. See A.C. Aukerman Co. v. R.L. Chaides Const. Co., 960 F.2d 1020, 1028 (Fed. Cir. 1992) (en banc). Plaintiffs counter that the delay was justified by the many other lawsuits it prosecuted during the relevant period asserting and reexamining the '360 patent. Given that the Supreme Court granted certiorari in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, 136 S.Ct. 1824 (2016), for the express purpose of considering the continued availability of the laches defense in the patent context (following its 2014 holding in Petrella v. Metro-Goldwyn-Mayer, 134 S.Ct 1962 (2014), that laches cannot shorten the copyright law's three-year statute of limitations) and that fact discovery has yet to be concluded in this matter, the court will DENY the motion with respect to laches without prejudice, and defer a final decision on the defense until the Supreme Court rules.Defendants also contend that the damages period should be shortened from November 2011 onwards because plaintiffs licensed the '360 patent to Siemens (and GE thereafter), but failed to ensure that Siemens (and GE) marked the licensed MRI systems with the '360 patent number. Plaintiffs argue that they do not need to rely on the constructive notice provision of 287, because Dr. Filler provided defendants with actual notice of the '360 patent during his attendance at RSNA (Radiological Society of North America) meetings from 2006 to 2014, that he offered defendants a patent license in an email in 2008, and posted on a public website regarding defendants' need to license the '360 patent in 2011. From the submitted record, it is unclear to the court what, if any, products by Siemens and GE should have been marked with the '360 patent. Although Siemens and GE obtained patent licenses from plaintiffs, they both expressly denied infringement in their respective settlement agreements. The agreements also do not identify a specific set of licensed products. Finally, the court notes that obtaining a patent license after being sued is a common compromise undertaken to settle a claim and avoid expensive and uncertain litigation. Because defendants have not met their burden of production in showing that there are licensed products practicing the patented technology that should be marked, their motion for summary judgment on this ground will be DENIED. (RGS, int2)
July 25, 2016 Filing 326 DECLARATION re #325 Sur-Reply to Motion, #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and - Declaration of Debbi Kemp by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Lateef, Irfan)
July 25, 2016 Filing 325 SUR-REPLY to Motion re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and (Sur-Sur Reply in Support of Motion) filed by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Lateef, Irfan)
July 25, 2016 Filing 324 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #323 Motion for Leave to File Sur-surreply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2)
July 22, 2016 Filing 323 MOTION for Leave to File Sur-Sur Reply in Support of #237 Motion for Summary Judgment Limiting Damages by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Attachments: #1 Exhibit 1 (Proposed Sur-Sur Reply), #2 Exhibit 2 - Kemp Declaration)(Lateef, Irfan)
July 22, 2016 Filing 322 SEALED Declaration of Mary Kay Johnston in support of Hitachi's sur reply memo in support of their motion for summary judgment limiting damages, FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine)
July 21, 2016 Filing 321 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #320 Motion for Leave to File Sur-Sur-Reply re Summary Judgment; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2)
July 19, 2016 Filing 320 MOTION for Leave to File Sur-Sur-Reply in Support of its Motion for Summary Judgment Redacted Public Version by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Attachments: #1 Exhibit)(Parikh, Amol) Modified on 7/20/2016 (Flaherty, Elaine).
July 19, 2016 Filing 319 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #318 Motion to Seal Document (RGS, int2)
July 18, 2016 Filing 318 Assented to MOTION to Seal Document Sur-Sur-Reply in Support of its Motion for Summary Judgment by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc..(Parikh, Amol)
July 15, 2016 Filing 317 NOTICE by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation FIRST AMENDED DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS TO BRAINLAB DEFENDANTS (Attachments: #1 Exhibit 1)(Chatterjee, Arka)
July 1, 2016 Filing 316 SEALED Declaration of Dr. Aaron G. Filler re: plaintiff's sur-reply to Hitachi and Toshiba's Summary Judgment Limiting damages, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit)(Flaherty, Elaine)
July 1, 2016 Filing 315 SEALED Plaintiff's sur-reply in opposition to Hitachi's and Toshiba's Motions for Summary Judgment Limiting Damages, FILED UNDER SEAL. (Flaherty, Elaine)
June 30, 2016 Filing 314 NOTICE OF MANUAL FILING by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation re #313 Sur-Reply to Motion, (Fenster, Marc)
June 29, 2016 Filing 313 SUR-REPLY to Motion re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and, #219 MOTION for Summary Judgment Limiting Damages filed by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Declaration of Aaron G. Filler, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 FILED UNDER SEAL, #5 Exhibit 4 FILED UNDER SEAL, #6 Exhibit 5)(Fenster, Marc)
June 29, 2016 Filing 312 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #309 Motion for Leave to File Surreply re Summary Judgment; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2)
June 29, 2016 Filing 311 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #308 Motion to Seal (RGS, int2)
June 28, 2016 Filing 310 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #309 MOTION for Leave to File Sur-Reply In Opposition to Hitachi Medical's and Toshiba Medical's Motions for Summary Judgment Limiting Damages by Marc A. Fenster on behalf of Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
June 27, 2016 Filing 309 MOTION for Leave to File Sur-Reply In Opposition to Hitachi Medical's and Toshiba Medical's Motions for Summary Judgment Limiting Damages by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Fenster, Marc)
June 27, 2016 Filing 308 MOTION to Seal by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation.(Fenster, Marc)
June 21, 2016 Filing 307 SEALED Brainlab's Response to Plaintiffs' Statement of Material Facts, FILED UNDER SEAL. (Flaherty, Elaine)
June 20, 2016 Filing 306 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #291 Motion for Leave to Appear Pro Hac Vice Added Anapol. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
June 20, 2016 Filing 305 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #298 Motion to Seal (Flaherty, Elaine)
June 17, 2016 Filing 304 NOTICE OF MANUAL FILING by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. of Sealed Response to Plaintiffs' Statement of Material Facts (Repicky, Heather)
June 17, 2016 Filing 303 Response by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. to #289 Sealed document, #287 Redacted Document Plaintiff's Statement of Material Facts (REDACTED VERSION). (Repicky, Heather)
June 17, 2016 Filing 302 DECLARATION re #301 Reply to Response to Motion of Perrin Cheung by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Repicky, Heather)
June 17, 2016 Filing 301 REPLY to Response to #229 MOTION for Summary Judgment of Noninfringement filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Repicky, Heather)
June 17, 2016 Filing 300 SEALED Toshiba's Response to plaintiffs' counter-statement of material facts, FILED UNDER SEAL. (Flaherty, Elaine)
June 17, 2016 Filing 299 SEALED Toshiba's Reply in support of its motion for summary judgment limiting damages, FILED UNDER SEAL. (Flaherty, Elaine)
June 16, 2016 Filing 298 MOTION to Seal Brainlab's Response to Plaintiffs' Statement of Material Facts (Unopposed) by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Repicky, Heather)
June 16, 2016 Filing 297 DECLARATION re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and - Supplemental Declaration of Irfan Lateef by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Attachments: #1 Exhibit 18)(Lateef, Irfan)
June 16, 2016 Filing 296 Statement of Material Facts L.R. 56.1 re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and - Response to Plaintiffs' Counter-Statement of Material Facts - Redacted Public Version filed by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Lateef, Irfan)
June 16, 2016 Filing 295 REPLY to Response to #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and - Redacted Public Version filed by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation. (Lateef, Irfan)
June 16, 2016 Filing 294 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #293 Motion to Seal (Flaherty, Elaine)
June 15, 2016 Filing 293 Assented to MOTION to Seal Anticipated Summary Judgment Reply and Supporting Document by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation.(Lateef, Irfan)
June 9, 2016 Filing 292 SEALED Corrected Exhibit 21 to supplemental affidavit of Amol Parikh re: Hitachi's motion for summary judgment [ECF No. 280], FILED UNDER SEAL. (Flaherty, Elaine)
June 9, 2016 Filing 291 MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy A. Anapol Filing fee: $ 100, receipt number 0101-6149848 by Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation.(Swain, Philip)
June 9, 2016 Filing 290 NOTICE of Appearance by Philip C. Swain on behalf of Toshiba America Medical Systems, Inc., Toshiba Medical Systems Corporation (Swain, Philip)
June 6, 2016 Filing 289 SEALED Plaintiffs' Sealed Response to Defendant Brainlab's statement of facts and plaintiffs' statement of facts, FILED UNDER SEAL. (Flaherty, Elaine)
June 6, 2016 Filing 288 SEALED Plaintiff's Opposition to Brainlab's Motion for Summary Judgment, FILED UNDER SEAL. (Attachments: #1 Exhibit E)(Flaherty, Elaine)
June 3, 2016 Filing 287 REDACTION to #233 Statement of Material Facts L.R. 56.1, #285 Opposition to Motion Redacted Public Version byConsolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
June 3, 2016 Filing 286 DECLARATION re #285 Opposition to Motion Declaration of Marc A. Fenster In Support of Plaintiffs' Opposition to Brainlab's Motion for Summary Judgment by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit E (Filed Under Seal), #2 Exhibit F, #3 Exhibit G)(Fenster, Marc)
June 3, 2016 Filing 285 Opposition re #229 MOTION for Summary Judgment of Noninfringement Redacted Public Version filed by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
June 3, 2016 Filing 284 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #282 Motion to Seal (RGS, int2)
June 3, 2016 Filing 283 NOTICE of Appearance by Arka D Chatterjee on behalf of Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation (Chatterjee, Arka)
June 3, 2016 Filing 282 MOTION to Seal Unopposed by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation.(Fenster, Marc)
June 2, 2016 Filing 281 NOTICE OF MANUAL FILING by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation re #267 Opposition to Motion, #269 Redacted Document, #268 Declaration, (Fenster, Marc)
June 2, 2016 Filing 280 SEALED supplemental declaration of Amol Parikh of Hitachi re: reply memo in support of motion for summary judgment, FILED UNDER SEAL. (Attachments: #1 Exhibit 18, #2 Exhibit 21, #3 Exhibit 22)(Flaherty, Elaine)
June 2, 2016 Filing 279 SEALED Defendants Hitachi Medical Systems and Hitachi Medial Corp.'s response to plaintiffs' statement of facts, FILED UNDER SEAL. (Flaherty, Elaine)
June 2, 2016 Filing 278 SEALED Hitachi Medical Corporation and Hitachi Medical Systems America Inc.'s reply memorandum in support of their motion for summary judgment limiting damages, FILED UNDER SEAL. (Flaherty, Elaine)
June 2, 2016 Filing 277 ELECTRONIC NOTICE of Hearing. Markman Hearing RESET for 8/18/2016 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)
June 2, 2016 Filing 276 ELECTRONIC NOTICE Resetting Hearing on #219 , #229 , #237 MOTIONS for Summary Judgment : Motion Hearing RESET for 8/19/2016 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) Modified to correct hearing date on 6/2/2016 (Seelye, Terri).
June 1, 2016 Filing 275 DECLARATION re #273 Reply to Response to Motion Supplemental Declaration of Amol Parikh in Support of Hitachi's Reply Memorandum in Support of Their Motion for Summary Judgment by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18 REDACTED, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21 REDACTED, #9 Exhibit 22 REDACTED, #10 Exhibit 23)(Paquin, Joseph)
June 1, 2016 Filing 274 Statement of Material Facts L.R. 56.1 re #219 MOTION for Summary Judgment Limiting Damages Redacted Public Version - Response to Plaintiff's Statement of Material Facts filed by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Paquin, Joseph)
June 1, 2016 Filing 273 REPLY to Response to #219 MOTION for Summary Judgment Limiting Damages Redacted Public Version filed by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Paquin, Joseph)
May 31, 2016 Filing 270 Assented to MOTION to Correct the Court's MDL Docket by Toshiba Medical Systems Corporation.(Lateef, Irfan)
May 31, 2016 Filing 269 REDACTION to #267 Opposition to Motion, #239 Statement of Material Facts L.R. 56.1 Redacted Public Version byConsolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
May 31, 2016 Filing 268 DECLARATION re #267 Opposition to Motion, by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Filed Under Seal), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Fenster, Marc)
May 31, 2016 Filing 267 Opposition re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and Toshiba Medical Systems Corporation's Redacted Public Version filed by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
May 31, 2016 Filing 266 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #264 Motion to Seal (RGS, int2)
May 31, 2016 Filing 265 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #263 Motion to Seal (RGS, int2)
May 31, 2016 Filing 264 MOTION to Seal by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation.(Fenster, Marc)
May 31, 2016 Filing 263 MOTION to Seal Portions of Reply Memorandum and Exhibits in Support of Hitachi's Motion for Summary Judgment Limiting Damages by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc..(Parikh, Amol)
May 27, 2016 Filing 262 ELECTRONIC NOTICE Setting Hearing on #219 , #229 , #237 MOTIONS for Summary Judgment : Motion Hearing set for 8/9/2016 at 2:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)
May 26, 2016 Filing 261 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #259 Motion to Continue. Markman Hearing set for 8/9/2016 at 09:30 AM in Courtroom 21 before Judge Richard G. Stearns. The The court will also hear arguments from the parties on the summary judgment motions at 2:30 PM on 8/9/2016. (RGS, int2)
May 26, 2016 Filing 260 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #258 Motion for Extension of Time to File Response/Reply re #229 MOTION for Summary Judgment of Noninfringement Responses due by 6/3/2016 Replies due by 6/17/2016. (RGS, int2)
May 26, 2016 Filing 259 Assented to MOTION to Continue Claim Construction Hearing to July 18, 2016 by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Ryland, Josh)
May 26, 2016 Filing 258 Joint MOTION for Extension of Time to File Response/Reply as to #229 MOTION for Summary Judgment of Noninfringement JOINT MOTION FOR ONE WEEK EXTENSION OF OPPOSITION AND REPLY BRIEFING DEADLINES FOR BRAINLAB SUMMARY JUDGMENT MOTION by NeuroGrafix ('360) Patent Litigation.(Fenster, Marc)
May 24, 2016 Filing 257 NOTICE OF MANUAL FILING by Consolidated Plaintiffs re #252 Redacted Document, #253 Exhibit, #250 Opposition to Motion, #251 Declaration, (Fenster, Marc)
May 24, 2016 Filing 256 SEALED Plaintiffs' exhibit A and Sealed Exhibit E. (Attachments: #1 Exhibit E) submitted re: opposition to summary judgment limiting damages, FILED UNDER SEAL.(Flaherty, Elaine)
May 24, 2016 Filing 255 SEALED Plaintiffs' Response to Defendant Hitachi Medical's Statement of Material Facts and Plaintiff's Statement of Material Facts, FILED UNDER SEAL. (Flaherty, Elaine)
May 24, 2016 Filing 254 SEALED Plaintiffs' Sealed Opposition to Hitachi Medical Corp. and Hitachi Medical Systems America, Inc.'s Motion for Summary Judgment, limiting damages, FILED UNDER SEAL. (Flaherty, Elaine)
May 19, 2016 Filing 253 EXHIBIT re #251 Declaration, of Marc A. Fenster In Support of Plaintiffs' Opposition to Hitachi Medical Corp. and Hitachi Medical Systems America, Inc.'s Motion for Summary Judgement Limiting Damages by Consolidated Plaintiffs. (Fenster, Marc)
May 18, 2016 Filing 252 REDACTION to #250 Opposition to Motion, PLAINTIFF'S RESPONSE TO DEFENDANTS HITACHI MEDICAL CORP AND HITACHI MEDICAL SYSTEMS AMERICA, INC. STATEMENT OF MATERIAL FACTS AND PLAINTIFF'S STATEMENT OF MATERIAL FACTS byConsolidated Plaintiffs. (Fenster, Marc)
May 18, 2016 Filing 251 DECLARATION re #250 Opposition to Motion, by Consolidated Plaintiffs. (Attachments: #1 Exhibit A SEALED, #2 Exhibit B, #3 Exhibit C-1, #4 Errata C-2, #5 Exhibit D, #6 Exhibit E SEALED, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Fenster, Marc)
May 18, 2016 Filing 250 Opposition re #219 MOTION for Summary Judgment Limiting Damages REDACTED PLAINTIFFS OPPOSITION TO HITACHI MEDICAL CORP. AND HITACHI MEDICAL SYSTEMS AMERICA, INC.S MOTION FOR SUMMARY JUDGMENT LIMITING DAMAGES filed by Consolidated Plaintiffs. (Fenster, Marc)
May 18, 2016 Filing 249 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #248 Motion to Seal (RGS, int2)
May 17, 2016 Filing 248 MOTION to Seal by Consolidated Plaintiffs.(Fenster, Marc)
May 10, 2016 Filing 247 SEALED Exhibits 5 - 11 to Declaration of Irfan Lateef in support of Toshiba's Motion for Summary Judgment Limiting Damages, FILED UNDER SEAL. (Flaherty, Elaine)
May 10, 2016 Filing 246 SEALED Version of Toshiba's Statement of Facts in support of Motion for Summary Judgment Limiting Damages, FILED UNDER SEAL. (Flaherty, Elaine)
May 10, 2016 Filing 245 SEALED Version of Toshiba's Memorandum in Support of Motion for Summary Judgment Limiting Damages, FILED UNDER SEAL. (Flaherty, Elaine)
May 10, 2016 Filing 244 NOTICE OF MANUAL FILING by Toshiba Medical Systems Corporation re #238 Memorandum in Support of Motion, #239 Statement of Material Facts L.R. 56.1, #240 Declaration,, (Lateef, Irfan)
May 10, 2016 Filing 243 SEALED Exhibits A - D to declaration of Jay R. Campbell re: Brainlab's Motion for Summary Judgment, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Flaherty, Elaine)
May 10, 2016 Filing 242 SEALED version of Brainlab's statement of facts, FILED UNDER SEAL. (Flaherty, Elaine)
May 10, 2016 Filing 241 SEALED version of Brainlab's Memo in support of its motion for summary judgment of noninfringement, FILED UNDER SEAL. (Flaherty, Elaine)
May 9, 2016 Filing 240 DECLARATION re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and of Irfan A. Lateef [Redacted public version] by Toshiba Medical Systems Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (redacted), #6 Exhibit 6 (redacted), #7 Exhibit 7 (redacted), #8 Exhibit 8 (redacted), #9 Exhibit 9 (redacted), #10 Exhibit 10 (redacted), #11 Exhibit 11 (redacted), #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Lateef, Irfan)
May 9, 2016 Filing 239 Statement of Material Facts L.R. 56.1 re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and [Redacted public version] filed by Toshiba Medical Systems Corporation. (Lateef, Irfan)
May 9, 2016 Filing 238 MEMORANDUM in Support re #237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and [Redacted public version] filed by Toshiba Medical Systems Corporation. (Lateef, Irfan)
May 9, 2016 Filing 237 MOTION for Summary Judgment Limiting Damages by Toshiba American Medical Systems, Inc. and by Toshiba Medical Systems Corporation.(Lateef, Irfan)
May 9, 2016 Filing 236 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #235 Motion to Seal (RGS, int2)
May 9, 2016 Filing 235 Assented to MOTION to Seal Related to Anticipated Summary Judgment Motion and Supporting Papers by Toshiba Medical Systems Corporation.(Lateef, Irfan)
May 6, 2016 Filing 234 NOTICE OF MANUAL FILING by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. re #233 Statement of Material Facts L.R. 56.1, #232 Declaration, #230 Memorandum in Support of Motion (Repicky, Heather)
May 6, 2016 Filing 233 Statement of Material Facts L.R. 56.1 re #229 MOTION for Summary Judgment of Noninfringement (Redacted Version) filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Repicky, Heather)
May 6, 2016 Filing 232 DECLARATION re #229 MOTION for Summary Judgment of Noninfringement of Jay R. Campbell by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Attachments: #1 Exhibit A (Redacted Version), #2 Exhibit B (Redacted Version), #3 Exhibit C (Redacted Version), #4 Exhibit D (Redacted Version))(Repicky, Heather)
May 6, 2016 Filing 231 DECLARATION re #229 MOTION for Summary Judgment of Noninfringement of Perrin Cheung by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Repicky, Heather)
May 6, 2016 Filing 230 MEMORANDUM in Support re #229 MOTION for Summary Judgment of Noninfringement (Redacted Version) filed by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Repicky, Heather)
May 6, 2016 Filing 229 MOTION for Summary Judgment of Noninfringement by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Repicky, Heather)
May 6, 2016 Filing 228 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #227 Motion to Seal. Counsel are reminded that redacted versions of key briefs, such as summary judgment briefs, should be filed on the public docket. (RGS, int2)
May 5, 2016 Filing 227 MOTION to Seal (Unopposed) Related to Anticipated Summary Judgment Motion and Supporting Papers by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Repicky, Heather)
April 27, 2016 Filing 226 SEALED Declaration of Amol A. Parikh in support of Hitachi's Motion for Summary Judgment, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Flaherty, Elaine)
April 27, 2016 Filing 225 SEALED Statement of Facts in Support of Hitachi's Motion for Summary Judgment, FILED UNDER SEAL. (Flaherty, Elaine)
April 27, 2016 Filing 224 SEALED Memorandum in support of Hitachi's Motion for Summary Judgment, FILED UNDER SEAL. (Flaherty, Elaine)
April 27, 2016 Filing 223 SEALED Hitachi's Motion for Summary Judgment, FILED UNDER SEAL. (Flaherty, Elaine)
April 27, 2016 Filing 222 DECLARATION re #219 MOTION for Summary Judgment Limiting Damages by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 REDACTED, #4 Exhibit 4 REDACTED, #5 Exhibit 5 REDACTED, #6 Exhibit 6, #7 Exhibit 7 REDACTED, #8 Exhibit 8 REDACTED, #9 Exhibit 9 REDACTED, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Paquin, Joseph)
April 27, 2016 Filing 221 REDACTION Redacted Statement of Facts in Support of Motion for Summary Judgment byHitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Paquin, Joseph)
April 27, 2016 Filing 220 REDACTION Redacted Memorandum in Support of Motion for Summary Judgment to Limit Damages byHitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Paquin, Joseph)
April 27, 2016 Filing 219 MOTION for Summary Judgment Limiting Damages by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc..(Paquin, Joseph)
April 27, 2016 Filing 218 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #217 Motion to Seal (RGS, int2)
April 27, 2016 Filing 217 MOTION to Seal Portions of Memorandum in Support of Motion for Summary Judgment by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc..(Paquin, Joseph)
April 19, 2016 Filing 216 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #213 Motion for Leave to Appear Pro Hac Vice Added Kroeger. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
April 15, 2016 Filing 215 ELECTRONIC NOTICE of Hearing. Markman Hearing set for 6/3/2016 at 9:30 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)
April 15, 2016 Filing 214 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #211 Joint Claim Construction and Prehearing Statement filed by NeuroGrafix ('360) Patent Litigation. The court will schedule a 3-hour claim construction hearing. The parties will have 40 minutes for a tutorial of the background technology. It would be helpful to the court for the experts to point out the aspects of the technology that are agreed upon. The parties may divide the remaining time equally on argument of the disputed terms. The court requests that the parties focus first on what they consider to be the most important terms.(RGS, int2)
April 13, 2016 Filing 213 MOTION for Leave to Appear Pro Hac Vice for admission of Paul A. Kroeger Filing fee: $ 100, receipt number 0101-6067517 by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Certificate of Paul A. Kroeger)(Godkin, David)
April 11, 2016 Filing 212 NOTICE of Appearance by Amir A. Naini on behalf of NeuroGrafix ('360) Patent Litigation (Naini, Amir)
April 11, 2016 Filing 211 Joint Claim Construction and Prehearing Statement by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fenster, Marc)
April 7, 2016 Filing 210 Preliminary Invalidity and Non-Infringement Contentions by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc., Toshiba Medical Systems Corporation. (Claassen, Brian)
April 7, 2016 Filing 209 NOTICE of Appearance by Jay R. Campbell on behalf of BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. (Campbell, Jay)
March 28, 2016 Filing 208 DECLARATION re #207 Response Declaration of Amol Parikh in Support of Defendants' Responsive Claim Construction Brief by Consolidated Defendants. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 25, #10 Exhibit 26, #11 Exhibit 27, #12 Exhibit 28, #13 Exhibit 29, #14 Exhibit 30 part 1, #15 Exhibit 30 part 2, #16 Exhibit 31, #17 Exhibit 32)(Parikh, Amol)
March 28, 2016 Filing 207 Defendants' Responsive Claim Construction Brief Response by Consolidated Defendants . (Parikh, Amol)
March 28, 2016 Filing 206 PLAINTIFFS RESPONSIVE CLAIM CONSTRUCTION BRIEF Response by Consolidated Plaintiffs, NeuroGrafix ('360) Patent Litigation to #199 Brief . (Fenster, Marc)
March 10, 2016 Filing 205 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #204 Motion for Leave to Appear Pro Hac Vice Added Amol A. Parikh. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
March 9, 2016 Filing 204 MOTION for Leave to Appear Pro Hac Vice for admission of Amol Parikh Filing fee: $ 100, receipt number 0101-6013795 by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc., Wellspan Medical Group, York Hospital. (Attachments: #1 Affidavit)(Davis, Melissa)
March 8, 2016 Filing 203 ELECTRONIC NOTICE issued requesting courtesy copy, pursuant to the court's standing order, for #201 Preliminary Claim Construction Briefs, #199 Brief, #202 Declaration, #200 Declaration. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (RGS, int2)
March 7, 2016 Filing 202 DECLARATION re #201 Preliminary Claim Construction Briefs by Consolidated Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Fenster, Marc)
March 7, 2016 Filing 201 Preliminary Claim Construction Briefs by Consolidated Plaintiffs. (Fenster, Marc)
March 7, 2016 Filing 200 DECLARATION re #199 Brief Declaration of Joseph H. Paquin, Jr. in Support of Defendants' Opening Claim Construction Brief by Consolidated Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(Davis, Melissa)
March 7, 2016 Filing 199 BRIEF by Consolidated Defendants Opening Claim Construction Brief. (Davis, Melissa)
February 8, 2016 Filing 198 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #197 Motion for Extension of Time. The parties to exchange proposedclaims construction by 5:00 p.m. (CST) on February 17, 2016; meet and confer regarding the proposed claims construction between February 22-25, 2016; file opening claim construction briefs no later than March 7, 2016; file responsive claim construction briefs no later than March 28, 2016 and file their joint claim construction statement no later than April 11, 2016. (RGS, int2)
February 8, 2016 Filing 197 Joint MOTION for Extension of Time to Identified Dates in February and March 2016 to Engage in Claim Construction Briefing by Consolidated Defendants, Consolidated Plaintiffs.(Davis, Melissa)
October 6, 2015 Filing 196 Preliminary Invalidity and Non-Infringement Contentions by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc., Toshiba America Information Systems, Inc., Toshiba Medical Systems Corporation. (Claassen, Brian)
August 17, 2015 Filing 195 NOTICE of Appearance by Ryan North Miller on behalf of Tenet Healthcare Corporation (Miller, Ryan)
August 17, 2015 Filing 194 NOTICE of Appearance by Jeff E. Schwartz on behalf of Tenet Healthcare Corporation (Schwartz, Jeff)
August 13, 2015 Filing 193 CERTIFICATION pursuant to Local Rule 16.1 by Defendant Toshiba Medical Systems Corporation. (Claassen, Brian)
August 13, 2015 Filing 192 CERTIFICATION pursuant to Local Rule 16.1 by Defendant Toshiba America Medical Systems, Inc.. (Claassen, Brian)
August 13, 2015 Filing 191 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by Defendants Hitachi Medical Corporation and Hitachi Medical Systems America, Inc.. (Paquin, Joseph)
August 6, 2015 Filing 190 NOTICE by NeuroGrafix ('360) Patent Litigation Disclosure of Asserted Claims and Infringement Contentions to Hitachi and Toshiba Defendants (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Naini, Amir)
July 31, 2015 Filing 189 NOTICE of Appearance by Brian C. Claassen on behalf of Athens Radiology Associates, P.C., Coastal Radiology Associates, PLLC, Eastern Radiologists, Inc., Seashore Imaging, LLC, Smart Scan MRI, LLC, St. Mary's Health Care System, Inc., St. Mary's Medical Group, Inc., Toshiba America Information Systems, Inc., Toshiba Medical Systems Corporation (Claassen, Brian)
July 22, 2015 Filing 188 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #183 Motion for Scheduling Order. Initial Disclosures to be exchanged by August 6, 2015. By the same date plaintiffs are to submit to the newly added defendants settlement proposals pursuant to L.R. 16(c), as well as their preliminary infringement contentions. The court will not bifurcate fact discovery. However, defendants may focus on discovery relating to laches at the initial stage, and may without prejudice file an early motion for summary judgment on this issue (the court notes that with respect to the Brainlab defendants they have had ample opportunity to seek discovery relating to laches already).Defendants to file certifications pursuant to L.R. 16.1(d)(3)(A) and (b) no later than August 13, 2015.The newly added defendants have until October 6, 2015 to serve their preliminary noninfringement and invalidity contentions. The parties may freely amend their initial contentions up to 30 days prior to the courts Markman hearing, or with good cause thereafter. However, the parties will have 30 days to make amendment in response to the opposing party's supplementation or amendment.The parties are to simultaneously exchange proposed claim construction terms before February 8, 2016. Opening claim construction briefs are due by February 29, 2016. Responsive claim construction briefs are due by March 21, 2016. The parties are to submit their joint claim construction statement by April 4, 2016, which statement shall including a final list of terms for the court to construe ranked in order of importance to the resolution of this case, from most to least important. Without leave of court, opening claim construction briefs are limited to 25 pages, and reply claim construction briefs are limited to 15 pages. The court will hold a Markman hearing at its convenience, and issue a further scheduling order after the issuance of its claim construction ruling.The court will maintain its previously set discovery limits: plaintiffs and defendants may each serve 15 common interrogatories, and 10 individual interrogatories. Plaintiffs and defendants are each entitled to a total 150 hours of deposition time, and common depositions should be taken together by defendants.(RGS, int2)
July 22, 2015 Filing 187 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #182 Motion to Stay the claims against customer-defendants. The issues in the customer-defendant claims significantly overlap those in the manufacturer claims. The resolution of the manufacturer cases will simplify questions of liability as well as damages. The customer-defendant claims are in their infancy and discovery has not begun. Concerns of judicial efficiency and economy favor a stay of the customer-defendant cases pending the resolution of the manufacturer cases, and plaintiffs will not be prejudiced by the stay.(RGS, int2)
July 21, 2015 Filing 186 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #182 MOTION to Stay Claims Against Customer Defendants Pending Resolution of Claims Against Manufacturer Defendants by Irfan A. Lateef on behalf of Consolidated Defendants filed by on behalf of Consolidated Defendants. (Lateef, Irfan)
July 21, 2015 Filing 185 AFFIDAVIT of Irfan A. Lateef in Support re #182 MOTION to Stay Claims Against Customer Defendants Pending Resolution of Claims Against Manufacturer Defendants (Declaration of Irfan A. Lateef) filed by Consolidated Defendants. (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)(Lateef, Irfan)
July 21, 2015 Filing 184 MEMORANDUM in Support re #182 MOTION to Stay Claims Against Customer Defendants Pending Resolution of Claims Against Manufacturer Defendants filed by Consolidated Defendants. (Lateef, Irfan)
July 21, 2015 Filing 183 Joint MOTION for Order to Joint Motion for Entry of Proposed Scheduling Order by Consolidated Plaintiffs. (Attachments: #1 Exhibit Joint Proposed Scheduling Order)(Naini, Amir)
July 21, 2015 Filing 182 MOTION to Stay Claims Against Customer Defendants Pending Resolution of Claims Against Manufacturer Defendants by Consolidated Defendants.(Lateef, Irfan)
July 7, 2015 Filing 181 NOTICE by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc., Wellspan Medical Group, York Hospital of Designation of Lead Coordinating Counsel for Defendants (Paquin, Joseph)
June 24, 2015 Filing 180 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #151 Motion for Leave to Appear Pro Hac Vice Added Paquin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
June 23, 2015 Filing 179 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Active defendants have until July 7, 2015 to propose to the court the appointment of the new lead coordinating counsel for defendants. The parties have until July 21, 2015 to submit to the court a joint proposed scheduling order.(RGS, int2)
June 22, 2015 Filing 178 CORPORATE DISCLOSURE STATEMENT by St. Mary's Medical Group, Inc. identifying Corporate Parent St. Mary's Health Care System, Inc. for St. Mary's Medical Group, Inc... (Lateef, Irfan)
June 22, 2015 Filing 177 CORPORATE DISCLOSURE STATEMENT by St. Mary's Health Care System, Inc. identifying Corporate Parent Trinity Health Corporation, d/b/a Trinity Health for St. Mary's Health Care System, Inc... (Lateef, Irfan)
June 22, 2015 Filing 176 CORPORATE DISCLOSURE STATEMENT by Athens Radiology Associates, P.C.. (Lateef, Irfan)
June 22, 2015 Filing 175 CORPORATE DISCLOSURE STATEMENT by Toshiba Medical Systems Corporation identifying Corporate Parent Toshiba Corporation for Toshiba Medical Systems Corporation.. (Lateef, Irfan)
June 22, 2015 Filing 174 CORPORATE DISCLOSURE STATEMENT by Toshiba America Information Systems, Inc. identifying Corporate Parent Toshiba America, Inc., Corporate Parent Toshiba Corporation for Toshiba America Information Systems, Inc... (Lateef, Irfan)
June 22, 2015 Filing 173 ANSWER to Complaint [re Individual Action No. 1:15-cv-12284-RGS] by St. Mary's Health Care System, Inc., St. Mary's Medical Group, Inc..(Lateef, Irfan)
June 22, 2015 Filing 172 ANSWER to Complaint [re Individual Action No. 1:15-cv-12284-RGS] by Athens Radiology Associates, P.C..(Lateef, Irfan)
June 22, 2015 Filing 171 ANSWER to Complaint [re Individual Action No. 1:15-cv-12284-RGS] by Toshiba Medical Systems Corporation.(Lateef, Irfan)
June 22, 2015 Filing 170 ANSWER to Complaint [re Individual Action No. 1:15-cv-12284-RGS] by Toshiba America Information Systems, Inc..(Lateef, Irfan)
June 22, 2015 Filing 169 ANSWER to Complaint [re Individual Action No. 1:15-cv-12285-RGS] by Eastern Radiologists, Inc..(Lateef, Irfan)
June 22, 2015 Filing 168 ANSWER to Complaint [re Individual Action No. 1:15-cv-12285-RGS] by Coastal Radiology Associates, PLLC.(Lateef, Irfan)
June 22, 2015 Filing 167 ANSWER to Complaint [re Individual Action No. 1:15-cv-12285-RGS] by Seashore Imaging, LLC.(Lateef, Irfan)
June 22, 2015 Filing 166 ANSWER to Complaint [re Individual Action No. 1:15-cv-12285-RGS] by Toshiba Medical Systems Corporation.(Lateef, Irfan)
June 22, 2015 Filing 165 ANSWER to Complaint [re Individual Action No. 1:15-cv-12285-RGS] by Toshiba America Information Systems, Inc..(Lateef, Irfan)
June 22, 2015 Filing 164 CORPORATE DISCLOSURE STATEMENT by Smart Scan MRI, LLC. (Lateef, Irfan)
June 22, 2015 Filing 163 CORPORATE DISCLOSURE STATEMENT by Toshiba Medical Systems Corporation identifying Corporate Parent Toshiba Corporation for Toshiba Medical Systems Corporation.. (Lateef, Irfan)
June 22, 2015 Filing 162 CORPORATE DISCLOSURE STATEMENT by Toshiba America Information Systems, Inc. identifying Corporate Parent Toshiba America, Inc., Corporate Parent Toshiba Corporation for Toshiba America Information Systems, Inc... (Lateef, Irfan)
June 22, 2015 Filing 161 ANSWER to Complaint [re Individual Action No. 1:15-cv-12283-RGS] by Smart Scan MRI, LLC.(Lateef, Irfan)
June 22, 2015 Filing 160 ANSWER to Complaint [re Individual Action No. 1:15-cv-12283-RGS] by Toshiba Medical Systems Corporation.(Lateef, Irfan)
June 22, 2015 Filing 159 ANSWER to Complaint [re Individual Action No. 1:15-cv-12283-RGS] by Toshiba America Information Systems, Inc..(Lateef, Irfan)
June 22, 2015 Filing 158 CORPORATE DISCLOSURE STATEMENT by Saint Louis University. (Reed, Winthrop)
June 22, 2015 Filing 157 CORPORATE DISCLOSURE STATEMENT by Wellspan Medical Group, York Hospital. (Davis, Melissa)
June 22, 2015 Filing 156 ANSWER to Complaint with Jury Demand by Wellspan Medical Group, York Hospital.(Davis, Melissa)
June 22, 2015 Filing 155 CORPORATE DISCLOSURE STATEMENT by Saint Louis University. (Reed, Winthrop)
June 22, 2015 Filing 154 CORPORATE DISCLOSURE STATEMENT by Hitachi Medical Corporation, Hitachi Medical Systems America, Inc.. (Davis, Melissa)
June 22, 2015 Filing 153 ANSWER to Complaint with Jury Demand by Hitachi Medical Systems America, Inc., Hitachi Medical Corporation.(Davis, Melissa)
June 22, 2015 Filing 152 ANSWER to #52 Amended Complaint by Saint Louis University.(Reed, Winthrop)
June 22, 2015 Filing 151 MOTION for Leave to Appear Pro Hac Vice for admission of Joseph H. Paquin, Jr. Filing fee: $ 100, receipt number 0101-5620620 by Wellspan Medical Group, York Hospital. (Attachments: #1 Affidavit)(Davis, Melissa)
June 16, 2015 Filing 150 NOTICE by NeuroGrafix ('360) Patent Litigation of Plaintiffs' Designation of Lead Counsel (Fenster, Marc)
June 8, 2015 Filing 149 Conditional Transfer order in MDL 2432 dated 6/8/15 from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring the listed actions to the District of Massachusetts and assigned to Judge Richard G. Stearns for consolidated pretrial proceedings. (Jones, Sherry)
May 13, 2015 Filing 148 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #147 Motion for Extension of Time to Answer Wellspan Medical Group answer due 6/22/2015; York Hospital answer due 6/22/2015. (RGS, int2)
May 13, 2015 Filing 147 Joint MOTION for Extension of Time to June 22, 2015 to File Answer to Complaint by Wellspan Medical Group, York Hospital.(Davis, Melissa)
April 15, 2015 Filing 146 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #145 Motion for Extension of Time until 5/20/15 to answer or otherwise response to the complaint. The court will not grant further extensions without the parties providing a reason. (RGS, int2)
April 15, 2015 Filing 145 Assented to MOTION for Extension of Time to May 20, 2015 to File Answer to the Complaint by Wellspan Medical Group, York Hospital.(Davis, Melissa)
April 15, 2015 Filing 144 NOTICE of Appearance by Melissa Nott Davis on behalf of Wellspan Medical Group, York Hospital (Davis, Melissa)
March 19, 2015 Filing 143 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #142 Motion for Extension of Time to Answer Wellspan Medical Group answer due 4/20/2015; York Hospital answer due 4/20/2015. (RGS, int2)
March 18, 2015 Filing 142 Assented to MOTION for Extension of Time to File Answer re #139 MDL Transfer Order - In, by Wellspan Medical Group, York Hospital.(Smith-Lee, Emily)
March 18, 2015 Filing 141 NOTICE of Appearance by Emily E. Smith-Lee on behalf of York Hospital, Wellspan Medical Group (Smith-Lee, Emily)
February 11, 2015 Filing 140 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #138 Motion to Dismiss pursuant to the parties' stipulation. (RGS, int2)
February 10, 2015 Filing 139 Conditional Transfer order number 2 in MDL 2432 dated 2/10/15 from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring the listed actions to the District of Massachusetts and assigned to Judge Richard G. Stearns for consolidated pretrial proceedings. (Jones, Sherry)
February 9, 2015 Filing 138 Joint MOTION to Dismiss Tufts Medical Center and Tufts Medical Center Physicians Organization by Consolidated Plaintiffs.(Fenster, Marc)
February 2, 2015 Filing 137 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #136 Motion to Dismiss pursuant to the parties' stipulation. (RGS, int2)
January 30, 2015 Filing 136 Joint MOTION to Dismiss Defendant The Trustees of Columbia University in the City of New York by Consolidated Plaintiffs.(Fenster, Marc)
January 26, 2015 Filing 135 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #134 Motion for Leave to Appear Pro Hac Vice Added Naini. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
January 23, 2015 Filing 134 MOTION for Leave to Appear Pro Hac Vice for admission of Amir A. Naini Filing fee: $ 100, receipt number 0101-5381439 by Consolidated Plaintiffs. (Attachments: #1 Certificate)(Godkin, David)
January 22, 2015 Filing 133 NOTICE of Withdrawal of Appearance by Marc A. Fenster (Fenster, Marc)
January 20, 2015 Filing 132 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #131 Motion to Continue in light of newly filed tagalong actions. The parties to inform the court when the the transferor courts have issued decisions regarding the transfer of these cases. (RGS, int2)
January 19, 2015 Filing 131 Joint MOTION to Continue Claim Construction Deadlines Pending Transfer and Consolidation of New Tag-Along Actions by Consolidated Plaintiffs.(Fenster, Marc)
January 14, 2015 Filing 130 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #129 Motion to Dismiss pursuant to the parties' stipulation. (RGS, int2)
January 13, 2015 Filing 129 Joint MOTION to Dismiss Trustees of Boston University, Boston Medical Center Corporation, Boston University Affiliated Physicians, Inc. and Boston University Medical Center Radiologists, Inc by Consolidated Plaintiffs.(Fenster, Marc)
January 8, 2015 Filing 128 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #126 Motion to Dismiss pursuant to the parties' stipulation. (RGS, int2)
January 8, 2015 Filing 127 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #125 Motion to Dismiss pursuant to the parties' stipulation. (RGS, int2)
January 7, 2015 Filing 126 Joint MOTION to Dismiss Beth Israel Deaconess Medical Center, Inc., Harvard Medical Faculty Physicians at Beth Israel Deaconess Medical Center, Inc., Caregroup, Inc., Beth Israel Deaconess Physician Organization, LLC, Beth Israel Deaconess Medical Center and Children's Hospital Medical Care Corporation; President and Fellows of Harvard College by Consolidated Plaintiffs.(Fenster, Marc)
January 7, 2015 Filing 125 Joint MOTION to Dismiss Brigham and Womens Hospital, Inc., Partners HealthCare System, Inc., Brigham and Women's Physicians Organization, Inc. and President and Fellows of Harvard College by Consolidated Plaintiffs.(Fenster, Marc)
January 6, 2015 Filing 124 NOTICE by Consolidated Plaintiffs of New Related Cases and Intent to Request Transfer to the District of Massachusetts and Consolidation in MDL NO. 13-MD-2432-RGS (Fenster, Marc)
January 5, 2015 Filing 123 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #122 Motion to Dismiss pursuant to the parties' stipulation. (RGS, int2)
December 30, 2014 Filing 122 Joint MOTION to Dismiss The Johns Hopkins University and The Johns Hopkins Hospital by Consolidated Plaintiffs.(Fenster, Marc)
December 8, 2014 Filing 121 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting (120) Motion to Dismiss in case 1:13-md-02432-RGS. Pursuant to the parties' stipulation, dismissing all claims against the University of Chicago defendants (with the exceptions of claims/counterclaims relating to Brainlab) with prejudice. Associated Cases: 1:13-md-02432-RGS, 1:13-cv-10759-RGS(RGS, int2)
December 5, 2014 Filing 120 Joint MOTION to Dismiss The University of Chicago Medical Center and The University of Chicago by Consolidated Plaintiffs.(Fenster, Marc)
December 2, 2014 Filing 119 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #118 Motion for Extension of Time. In light of the parties' ongoing discussions to resolve the matter out of court and to narrow claim construction issues, opening claim construction briefs are due 1/30/15, responsive briefs 2/20/15, and joint statement 3/6/15. (RGS, int2)
December 1, 2014 Filing 118 Joint MOTION for Extension of Time to 1/30/2015 to File Opening Claim Construction Briefs and to Adjust Remaining Claim Construction Briefing Dates Accordingly to Allow for Settlement Discussions by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc..(Ryland, Josh)
November 6, 2014 Filing 117 STIPULATION of Dismissal Philips Electronics North America Corporation d/b/a Philips Medical Systems North America, Invivo Corporation, Philips Medical Systems Nederland, B.V., Koninklijke Philips N.V. (formerly Koninklijke Philips Electronics N.V.) and Philips Healthcare Informatics, Inc. by Consolidated Plaintiffs. (Fenster, Marc)
October 22, 2014 Filing 116 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #115 Stipulation filed by Brainlab, Inc., Brainlab Medizinische Computersysteme GmbH, BRAINLAB AG, #114 Stipulation filed by NeuroGrafix ('360) Patent Litigation. Construing the parties' stipulations as motions, the court grants the same. In light of the plaintiffs' settlement negotiations/agreements with the manufacturer-defendants, and in the interest of keeping the entire MDL at a uniform pace, claim construction deadlines are extended 45 days as follows. Opening briefs due 12/10/14, replies 12/31/14, and joint claim construction statement 1/14/15. Parties to take note that they must seek the court's leave to amend the schedule, separate and apart from the parties' own agreements.(RGS, int2)
October 22, 2014 Filing 115 STIPULATION to Extend the Time for Filing Opening Claim Construction Briefs For 30 Days by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc.. (Ryland, Josh)
October 8, 2014 Filing 114 STIPULATION TO STAY PHILIPS ACTION PENDING FINALIZATION OF SETTLEMENT AGREEMENT by NeuroGrafix ('360) Patent Litigation. (Weiss, Andrew)
July 8, 2014 Filing 113 NOTICE of Withdrawal of Appearance by Fredricka Ung (Ung, Fredricka)
June 20, 2014 Filing 112 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #111 Motion to Withdraw as Attorney. Attorney Katrina Marie Quicker terminated (Flaherty, Elaine)
June 17, 2014 Filing 111 MOTION to Withdraw as Attorney by The Johns Hopkins Hospital, The Johns Hopkins University.(Quicker, Katrina)
June 9, 2014 Filing 110 Preliminary Invalidity and Non-Infringement Contentions by BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc., Invivo Corporation, Koninklijke Philips Electronics N.V., Philips Electronics North America Corporation, Philips Healthcare Informatics, Inc., Philips Medical Systems Nederland B.V.. (Molano, Michael)
June 5, 2014 Filing 109 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Because the member cases have been consolidated in the MDL, 13-md-2432, the member cases will be closed for administrative purposes. The parties may still docket in the member cases as necessary.Associated Cases: 1:13-md-02432-RGS et al.(RGS, int2)
June 5, 2014 Filing 108 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #106 Motion to Stay as to Johns Hopkins Hospital, Johns Hopkins University, the University of Chicago, and the University of Chicago Medical Center for the same rationale that applies to the stay of the other customer cases in the consolidated MDL. (RGS, int2)
June 4, 2014 Filing 107 MEMORANDUM in Support re #106 MOTION to Stay Pending Resolution of the Related Philips Case filed by The Johns Hopkins Hospital, The Johns Hopkins University, The University of Chicago, The University of Chicago Medical Center. (Attachments: #1 Affidavit of Michael Molano, #2 Exhibit 1. US5560360, #3 Exhibit 2. Philips Infr Contentions, #4 Exhibit 2A. Philips Infr Contentions Chart, #5 Exhibit 3. Hopkins Infr Contentions, #6 Exhibit 3A. Hopkins Infr Contentions Chart, #7 Exhibit 4. U. Chicago Infr Contentions, #8 Exhibit 4A. U. Chicago Infr Contentions Chart, #9 Exhibit 5A. BI Docket Sheet, #10 Exhibit 5B. BW Docket Sheet, #11 Exhibit 5C. BU Docket Sheet, #12 Exhibit 5D. Tufts Docket Sheet, #13 Exhibit 6. Pls Opp. to MDL Transfer, #14 Exhibit 7. Transcript of Oral Argument Before the JPML, #15 Exhibit 8. Melvin to Ung Letter 2-25-2013, #16 Exhibit 9. Philips Supplemental Complaint, #17 Exhibit 10.Philips Answer and Counterclaims to Supplemental Complaint, #18 Exhibit 11. Brainlab Answer and Counterclaims to Supplemental Complaint, #19 Exhibit 12. Philips RPFs, #20 Exhibit 13. Hopkins RFPs, #21 Exhibit 14. UChicago RFPs, #22 Exhibit 15. Bingham Subpoena in Regents Case, #23 Exhibit 16. Smart Guide to Patents, #24 Exhibit 17. Columbia Docket Sheet DMass, #25 Exhibit 18. Reexamination Docket Sheet)(Molano, Michael)
June 4, 2014 Filing 106 MOTION to Stay Pending Resolution of the Related Philips Case by The Johns Hopkins Hospital, The Johns Hopkins University, The University of Chicago, The University of Chicago Medical Center.(Molano, Michael)
May 16, 2014 Filing 105 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #103 Motion for Leave to Appear Pro Hac Vice Added Molano. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #104 Motion for Leave to Appear Pro Hac Vice Added Molano. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
May 15, 2014 Filing 104 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael A. Molano Filing fee: $ 100, receipt number 0101-5011201 by The University of Chicago, The University of Chicago Medical Center. (Attachments: #1 Affidavit of Michael A. Molano)(Evans, Jeremy)
May 15, 2014 Filing 103 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael A. Molano Filing fee: $ 100, receipt number 0101-5011194 by The Johns Hopkins Hospital, The Johns Hopkins University. (Attachments: #1 Affidavit of Michael A. Molano)(Evans, Jeremy)
May 15, 2014 Filing 102 NOTICE of Appearance by Jeremy A.M. Evans on behalf of The University of Chicago, The University of Chicago Medical Center (Evans, Jeremy)
May 15, 2014 Filing 101 NOTICE of Appearance by Jeremy A.M. Evans on behalf of The Johns Hopkins Hospital, The Johns Hopkins University (Evans, Jeremy)
May 15, 2014 Filing 100 NOTICE of Appearance by Claire Laporte on behalf of The Johns Hopkins Hospital, The Johns Hopkins University (Laporte, Claire)
May 15, 2014 Filing 99 NOTICE of Appearance by Claire Laporte on behalf of The University of Chicago, The University of Chicago Medical Center (Laporte, Claire)
May 12, 2014 Filing 98 NOTICE of Appearance by Josh M. Ryland on behalf of BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. (Ryland, Josh)
May 8, 2014 Filing 97 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by NeuroGrafix ('360) Patent Litigation.(Fenster, Marc)
May 2, 2014 Filing 96 Preliminary Disclosure of the Claims Infringed by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fenster, Marc)
May 2, 2014 Filing 95 Preliminary Invalidity and Non-Infringement Contentions by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fenster, Marc)
May 2, 2014 Filing 94 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #93 Motion for Disclosure as it is not a motion. Counsel is directed to use CM/ECF events under Other Filings/Other Documents specifically pertaining to preliminary contentions in the future. (RGS, int2)
May 1, 2014 Filing 93 MOTION for Disclosure of asserted Claims and Infringement Contentions to the Non-Stayed Defendants by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fenster, Marc)
May 1, 2014 Filing 92 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The parties are requested to file infringement/non-infringement/invalidity contentions with the court.(RGS, int2)
April 30, 2014 Filing 91 CERTIFICATION pursuant to Local Rule 16.1 . (Molano, Michael)
April 24, 2014 Filing 90 NOTICE of Appearance by David L. Ferrera on behalf of BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. (Ferrera, David)
April 21, 2014 Filing 89 NOTICE of Appearance by Heather B. Repicky on behalf of BRAINLAB AG, Brainlab Medizinische Computersysteme GmbH, Brainlab, Inc. (Repicky, Heather)
April 18, 2014 Filing 88 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #87 Motion for Clarification. Pursuant to the Court's order #79 on defendants' motion to dismiss, plaintiffs should file separate supplemental complaints against each non-stayed defendant in the respective member cases. (RGS, int2)
April 17, 2014 Filing 87 MOTION for Clarification re #79 Order by Consolidated Defendants.(Molano, Michael)
April 10, 2014 Filing 86 Disclosure pursuant to Rule 26 by The University of Chicago Medical Center, The University of Chicago.(Molano, Michael)
April 10, 2014 Filing 85 Disclosure pursuant to Rule 26 by Philips Electronics North America Corporation, Invivo Corporation, Philips Medical Systems Nederland B.V., Koninklijke Philips Electronics N.V., Philips Healthcare Informatics, Inc..(Molano, Michael)
April 10, 2014 Filing 84 Disclosure pursuant to Rule 26 by The Johns Hopkins Hospital, The Johns Hopkins University.(Molano, Michael)
April 9, 2014 Filing 83 Judge Richard G. Stearns: ORDER Governing Electronic Discovery, ENTERED.granting #80 Motion for Protective Order (Flaherty, Elaine)
April 9, 2014 Filing 82 Disclosure pursuant to Rule 26 by NeuroGrafix ('360) Patent Litigation.(Fenster, Marc)
April 7, 2014 Filing 81 ANSWER to Complaint with Jury Demand Filed in the Underlying Action 1:12-cv-02181 (D. Maryland), COUNTERCLAIM against Consolidated Plaintiffs by The Johns Hopkins University, The Johns Hopkins Hospital.(Molano, Michael) Modified to remove duplicate text on 4/10/2014 (Seelye, Terri).
April 7, 2014 Filing 80 Proposed MOTION for Protective Order by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Text of Proposed Order)(Fenster, Marc)
March 24, 2014 Filing 79 Judge Richard G. Stearns: ORDER entered DENYING the renewed motion to dismiss (see dkt 59) and ALLOWING the motion to supplement (see dkt 52)(RGS, law4)
March 10, 2014 Filing 78 SEALED Plaintiffs Declaration of Ung, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Flaherty, Elaine)
March 10, 2014 Filing 77 SEALED Plaintiff's Declaration of Reagh, FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine)
February 28, 2014 Filing 76 SEALED Plaintiffs' Opposition to Defendants' Consolidated Renewed Motion to Dismiss for Lack of Standing, FILED UNDER SEAL.(Flaherty, Elaine)
February 28, 2014 Filing 75 SEALED Defendants' Reply Memorandum in Support of their Consolidated Renewed Motion to Dismiss for Lack of Standing, FILED UNDER SEAL. (Flaherty, Elaine)
February 24, 2014 Filing 74 Opposition re #68 MOTION to Strike #67 Reply to Response to Motion Motion to Strike Exhibits 41-43 and Related Argument From Defendants' Reply Memorandum or, in the Alternative, Motion for Leave to File a Surreply Responding to Defendants' Reply Memor filed by Consolidated Defendants. (Attachments: #1 Affidavit Declaration of M. Molano in Support of Opposition to Motion to Strike, #2 Exhibit A., #3 Exhibit B.)(Molano, Michael)
February 24, 2014 Filing 73 DECLARATION re #72 Sur-Reply to Motion, IN FURTHER OPPOSITION TO DEFENDANTS' CONSOLIDATED RENEWED MOTION TO DISMISS FOR LACK OF STANDING by Consolidated Plaintiffs. (Attachments: #1 Exhibit J, #2 Exhibit K)(Weiss, Andrew)
February 24, 2014 Filing 72 SUR-REPLY to Motion re #68 MOTION to Strike #67 Reply to Response to Motion Motion to Strike Exhibits 41-43 and Related Argument From Defendants' Reply Memorandum or, in the Alternative, Motion for Leave to File a Surreply Responding to Defendants' Reply Memor - PLAINTIFFS SURREPLY IN FURTHER OPPOSITION TO DEFENDANTS' CONSOLIDATED RENEWED MOTION TO DISMISS FOR LACK OF STANDING filed by Consolidated Plaintiffs. (Weiss, Andrew)
February 19, 2014 Filing 71 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #68 Motion to Strike. The court reserves its ruling on the motion to strike at this time, but to prevent further delay, will allow plaintiffs' motion to file a surreply. Plaintiffs will submit their surreply by Monday, February 24, 2014. (RGS, law4)
February 19, 2014 Filing 70 DECLARATION re #69 Memorandum in Support of Motion, Declaration of Andrew D. Weiss by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit 1)(Weiss, Andrew)
February 19, 2014 Filing 69 MEMORANDUM in Support re #68 MOTION to Strike #67 Reply to Response to Motion Motion to Strike Exhibits 41-43 and Related Argument From Defendants' Reply Memorandum or, in the Alternative, Motion for Leave to File a Surreply Responding to Defendants' Reply Memor filed by NeuroGrafix ('360) Patent Litigation. (Weiss, Andrew)
February 19, 2014 Filing 68 MOTION to Strike #67 Reply to Response to Motion Motion to Strike Exhibits 41-43 and Related Argument From Defendants' Reply Memorandum or, in the Alternative, Motion for Leave to File a Surreply Responding to Defendants' Reply Memorandum by NeuroGrafix ('360) Patent Litigation.(Weiss, Andrew)
February 13, 2014 Filing 67 REPLY to Response to #14 MOTION to Dismiss (Redacted) filed by Consolidated Defendants. (Attachments: #1 Affidavit of Michael Molano, #2 Exhibit 41., #3 Exhibit 42., #4 Exhibit 43.)(Molano, Michael)
February 12, 2014 Filing 66 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #65 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law4)
February 12, 2014 Filing 65 Assented to MOTION for Leave to File Reply Brief Under Seal by Consolidated Defendants.(Molano, Michael)
February 6, 2014 Filing 64 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #63 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law4)
February 6, 2014 Filing 63 Assented to MOTION for Leave to File Reply Brief in Support of Renewed Motion to Dismiss by Consolidated Defendants.(Molano, Michael)
February 4, 2014 Filing 62 REDACTION filing of OPPOSITION TO DEFENDANTS CONSOLIDATED RENEWED MOTION TO DISMISS FOR LACK OF STANDING byConsolidated Plaintiffs. (Fenster, Marc)
February 3, 2014 Filing 61 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #60 Motion to Seal Document (RGS, law4)
February 3, 2014 Filing 60 Assented to MOTION to Seal Document by Consolidated Plaintiffs.(Fenster, Marc)
January 21, 2014 Filing 59 MEMORANDUM in Opposition re #48 MOTION for Leave to File SUPPLEMENTAL COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS WITHOUT PREJUDICE ; and in Support of RENEWED MOTION TO DISMISS FOR LACK OF STANDING (REDACTED) filed by Consolidated Defendants. (Molano, Michael)
January 17, 2014 Filing 58 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #57 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law4)
January 17, 2014 Filing 57 MOTION for Leave to File Under Seal by Consolidated Defendants.(Molano, Michael)
January 16, 2014 Filing 56 Judge Richard G. Stearns: NOTICE re dkt #53. The court appreciates the advice and forethought of counsel, but sees no reason for recusal. The issue in the Bradley matter was Dr. Sugarbaker's affiliation with Harvard Medical School through which he is well known to senior staff at Vincent where I serve as a Trustee. As noted in the recusal decision, the concern that plaintiff raised involved Dr. Sugarbaker as an individual, not Brigham and Women's Hospital as an institution. (RGS, law4)
January 16, 2014 Filing 55 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #54 motion for expedited jurisdictional discovery and continuance of briefing schedule. Defendants shall submit their standing brief by January 20, 2014, as previously ordered. Defendants may note in their brief the issues that they believe necessitate jurisdictional discovery and the court will consider the request before ruling. (RGS, law4)
January 15, 2014 Filing 54 MOTION to Expedite Jurisdictional Discovery and (2) Continuance of Briefing Schedule by Consolidated Defendants.(Molano, Michael)
January 15, 2014 Filing 53 NOTICE by Consolidated Defendants of Potential Recusal Issue (Molano, Michael)
December 27, 2013 Filing 52 AMENDED COMPLAINT Supplemental Complaint against All Defendants, filed by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit A)(Ung, Fredricka)
December 4, 2013 Filing 51 Judge Richard G. Stearns: ELECTRONIC ORDER entered. While it was the court's intent that plaintiffs file an amended complaint by 11/29 (and not a motion for leave to file such), it can understand why the imprecision of the court's docket entry has sown confusion. To be absolutely clear, plaintiffs will submit and serve on defendants the proposed amended complaint on or before December 27, 2013. Defendants will have until January 20, 2014 to file an opposition to the request for leave to amend or a renewed motion to dismiss (or both), as they choose. (RGS, law4)
December 2, 2013 Filing 50 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #48 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the supplemental complaint for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law4)
November 29, 2013 Filing 49 AFFIDAVIT of Fredricka Ung in Support re #48 MOTION for Leave to File SUPPLEMENTAL COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS WITHOUT PREJUDICE filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit A)(Ung, Fredricka)
November 29, 2013 Filing 48 MOTION for Leave to File SUPPLEMENTAL COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS WITHOUT PREJUDICE by Consolidated Plaintiffs.(Fenster, Marc)
November 29, 2013 Filing 47 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #46 Motion to Seal Document (RGS, law4)
November 27, 2013 Filing 46 Assented to MOTION to Seal Document by Consolidated Plaintiffs.(Fenster, Marc)
November 6, 2013 Filing 45 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #43 Motion for Leave to Appear Pro Hac Vice Added Hoffman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
November 5, 2013 Filing 44 Filing fee/payment: $ 100.00, receipt number 1BST040449 for #43 MOTION for Leave to Appear Pro Hac Vice for admission of Adam S. Hoffman Filing fee: $ 100, receipt number 0101-4707837 (Flaherty, Elaine)
November 1, 2013 Filing 43 MOTION for Leave to Appear Pro Hac Vice for admission of Adam S. Hoffman Filing fee: $ 100, receipt number 0101-4707837 by Consolidated Plaintiffs. (Attachments: #1 Certificate of Attorney Adam S. Hoffman)(Godkin, David)
November 1, 2013 Filing 42 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: finding as moot #14 Motion to Dismiss; Hearing held on 11/1/2013. Plaintiffs will submit their motion to amend their complaint or dismiss the case without prejudice by November 29, 2013. Defendants will reply by December 30, 2013. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Ung, Hoffman, Godkin, Molano, Grimald, Hirsch, Quicker, Fleming) (RGS, law4)
September 18, 2013 Filing 41 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #12 Motion to lift stays. Litigation will proceed in the order previously laid out by the court. Plaintiffs may renew their motion, if they so choose, after the resolution of defendants' consolidated motion to dismiss for lack of standing. (RGS, law4)
September 18, 2013 Filing 40 ELECTRONIC NOTICE Setting Hearing on #14 MOTION to Dismiss : Motion Hearing set for 11/1/2013 at 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)
June 26, 2013 Filing 39 SEALED Exhibits R1-R8 of the Declaration off Michael A. Molano in Support of Defendnats' Reply Memorandum in Support of their Consolidateed Motion to Dismiss, FILED UNDER SEAL. (Flaherty, Elaine)
June 13, 2013 Filing 38 SEALED Defendants' Reply Memorandum in Support of their Consolidated Motion to Dismiss, FILED UNDER SEAL. (Flaherty, Elaine)
June 13, 2013 Filing 37 SEALED Declaration of John Reagh in opposition to defendants' consolidated Motion to Dismiss, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Flaherty, Elaine)
June 13, 2013 Filing 36 SEALED Declaration of Fredricka Ung in opposition to Defendants' Consolidated Motion to Dismiss, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit)(Flaherty, Elaine)
June 12, 2013 Filing 35 REPLY to Response to #14 MOTION to Dismiss filed by Consolidated Defendants. (Attachments: #1 Affidavit Declaration of Michael Molano, #2 Exhibit Exhibits to Michael Molano Declaration)(Molano, Michael)
June 12, 2013 Filing 34 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting, IN PART, #33 Assented to Motion for Leave to File Under Seal. A redacted version of the Reply in Support of Consolidated Motion to Dismiss shall be filed electronically and an unredacted version is to be provided to the Court clearly marked as a Sealed Courtesy Copy. (Seelye, Terri)
June 10, 2013 Filing 33 Assented to MOTION to Seal Document by Consolidated Defendants.(Molano, Michael)
June 7, 2013 Filing 32 REPLY to Response to #12 MOTION To Lift Stays filed by NeuroGrafix ('360) Patent Litigation. (Fenster, Marc)
June 7, 2013 Filing 31 DECLARATION re #12 MOTION To Lift Stays Declaration of Fredricka Ung In Support of Plaintiff's Reply in Support of Motion to Lift Stays by NeuroGrafix ('360) Patent Litigation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fenster, Marc)
June 5, 2013 Filing 30 SEALED Declaration of Aaron G. Filler in Opposition to Defendants' Consolidated Motion to Dismiss, FILED UNDER SEAL. (Flaherty, Elaine)
June 5, 2013 Filing 29 SEALED Plaintiff's Opposition to Defendants' Consolidated Motion to Dismiss, FILED UNDER SEAL. (Flaherty, Elaine)
June 4, 2013 Filing 28 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #27 Motion for Leave to File Document - Reply in Support of Consolidated Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Seelye, Terri)
May 31, 2013 Filing 27 Assented to MOTION for Leave to File Reply in Support of Consolidated Motion to Dismiss by Consolidated Defendants.(Molano, Michael)
May 31, 2013 Filing 26 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #25 Motion for Leave to File Document by Friday, June 7, 2013 ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1)
May 31, 2013 Filing 25 Assented to MOTION for Leave to File A REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO LIFT STAYS by Consolidated Plaintiffs.(Fenster, Marc)
May 28, 2013 Filing 24 Opposition re #14 MOTION to Dismiss REDACTED PLAINTIFFS OPPOSITION TO DEFENDANTS CONSOLIDATED MOTION TO DISMISS filed by Consolidated Plaintiffs. (Ung, Fredricka)
May 28, 2013 Filing 23 DECLARATION re #22 Opposition to Motion by Consolidated Defendants. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D., #5 Exhibit E., #6 Exhibit F., #7 Exhibit G., #8 Exhibit H., #9 Exhibit I., #10 Exhibit J., #11 Exhibit K., #12 Exhibit L., #13 Exhibit M., #14 Exhibit N., #15 Exhibit O., #16 Exhibit P., #17 Exhibit Q., #18 Exhibit R.)(Molano, Michael)
May 28, 2013 Filing 22 Opposition re #12 MOTION To Lift Stays filed by Consolidated Defendants. (Molano, Michael)
May 28, 2013 Filing 21 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #20 Motion to Seal Document. Counsel are reminded to file redacted versions of key pleadings on the public docket, including memoranda in support of dispositive motions. (RGS, law1)
May 28, 2013 Filing 20 Assented to MOTION to Seal Document Opposition to Motion to Dismiss by Consolidated Plaintiffs.(Godkin, David)
May 24, 2013 Filing 19 NOTICE of Appearance by Claire Laporte on behalf of Tufts Medical Center a/k/a Tufts Shared Services, Inc., Tufts Medical Center Physicians Organization (Laporte, Claire)
May 21, 2013 Filing 18 Judge Richard G. Stearns: ORDER entered. SCHEDULING ORDER: 14 days after the court's decision on the motion to dismiss and the motion to lift stay, the parties are to file and serve initial disclosure, submit proposed limits on electronic discovery to the court, and submit a joint proposed protective order. Prior to 30 days after the court's decision on the motion to dismiss and the motion to the lift the stay, plaintiffs will make a written settlement demand to the defendants. The parties are to filed their L.R. 16.1(d)(3) certifications 7 days thereafter.The court adopts the parties' proposed discovery limits. Plaintiffs and defendants may each serve 15 common interrogatories, and 10 individual interrogatories. Plaintiffs and defendants are each entitled to a total 150 hours of deposition time, and common depositions should be taken together by defendants. Plaintiffs are to serve their initial infringement contentions 14 days after the court's decision on the motion to dismiss and the motion to lift stay. Defendants have 60 days thereafter to serve their initial noninfringement and invalidity contentions. The parties may freely amend their initial contentions up to 30 days prior to the courts Markman hearing, or with good cause thereafter. However, the parties will have 30 days to make amendment in response to the opposing party's supplementation or amendment.The parties are to simultaneously exchange proposed claim construction terms 120 days after the completion of the initial contentions. Opening claim construction briefs are due 21 days thereafter. The parties will have 21 days further to submit reply briefs. The parties shall submit their joint claim construction statement 14 days after the reply claim construction briefs, which statement shall including a final list of terms for the court to construe ranked in order of importance to the resolution of this case, from most to least important. Without leave of court, opening claim construction briefs are limited to 25 pages, and reply claim construction briefs are limited to 15 pages.The court will hold a Markman hearing at its convenience, and issue a further scheduling order after the issuance of its claim construction ruling.(RGS, law1)
May 14, 2013 Filing 17 Recommendations for Scheduling Order Joint Proposed Scheduling Order. (Fenster, Marc)
May 14, 2013 Filing 16 AFFIDAVIT in Support re #14 MOTION to Dismiss filed by Consolidated Defendants. (Attachments: #1 Exhibit 1a, #2 Exhibit 1b, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11a, #13 Exhibit 11b, #14 Exhibit 11c, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23)(Molano, Michael)
May 14, 2013 Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss filed by Consolidated Defendants. (Molano, Michael)
May 14, 2013 Filing 14 MOTION to Dismiss by Consolidated Defendants.(Molano, Michael)
May 14, 2013 Filing 13 MEMORANDUM in Support re #12 MOTION To Lift Stays filed by Consolidated Plaintiffs. (Attachments: #1 Affidavit of Fredricka Ung, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Ung, Fredricka)
May 14, 2013 Filing 12 MOTION To Lift Stays by Consolidated Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Ung, Fredricka)
May 14, 2013 Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Motion for Leave to File Document under seal; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1)
May 13, 2013 Filing 10 Assented to MOTION for Leave to File Under Seal by Consolidated Defendants.(Molano, Michael)
May 13, 2013 Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1)
May 13, 2013 Filing 8 Assented to MOTION for Leave to File Excess Pages by Consolidated Defendants.(Molano, Michael)
April 30, 2013 Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Lead counsel for defendants have 14 days, or until May 14, 2013, to file a consolidated motion to dismiss based on standing or any other known grounds under FRCP 12(b). Any known ground not raised in the consolidated motion will be deemed waived. The parties will also submit a joint proposed scheduling order by May 14, 2013, to commence from the day of the court's resolution of any motions to dismiss (or immediately if no motion to dismiss is filed).(RGS, law1)
April 26, 2013 Filing 6 NOTICE by Consolidated Defendants of Designation of Lead Counsel for Defendants (Molano, Michael)
April 25, 2013 Filing 5 NOTICE by NeuroGrafix ('360) Patent Litigation Designation of Lead Counsel (Fenster, Marc)
April 17, 2013 Filing 4 NOTICE of Appearance by David S. Godkin on behalf of Consolidated Plaintiffs (Godkin, David)
April 5, 2013 Filing 3 Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER.Associated Cases: 1:13-md-02432-RGS et al.(Burgos, Sandra)
April 2, 2013 Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly)
April 2, 2013 Filing 1 Initial Transfer order in MDL 2432 dated 4/1/2013 from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring the listed actions to the District of Massachusetts and assigned to Judge Richard G. Stearns for consolidated pretrial proceedings. (Burgos, Sandra)

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Search for this case: In re: NeuroGrafix ('360) Patent Litigation
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Defendant: St. Mary's Health Care System, Inc.
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
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Defendant: The University of Chicago
Represented By: Jeremy A.M. Evans
Represented By: Claire Laporte
Represented By: Michael A. Molano
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Defendant: Brainlab Medizinische Computersysteme GmbH
Represented By: Josh M. Ryland
Represented By: Marissa M. Ennis
Represented By: Heather B. Repicky
Represented By: Brian K. Brookey
Represented By: David L. Ferrera
Represented By: Jay R. Campbell
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Defendant: The University of Chicago Medical Center
Represented By: Jeremy A.M. Evans
Represented By: Claire Laporte
Represented By: Michael A. Molano
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Defendant: Tenet Healthcare Corporation
Represented By: Ryan North Miller
Represented By: Jeff E. Schwartz
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Defendant: BRAINLAB AG
Represented By: Josh M. Ryland
Represented By: Marissa M. Ennis
Represented By: Heather B. Repicky
Represented By: Brian K. Brookey
Represented By: David L. Ferrera
Represented By: Jay R. Campbell
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Defendant: Hitachi Medical Systems America, Inc.
Represented By: Melissa Nott Davis
Represented By: Amol A. Parikh
Represented By: Joseph H. Paquin, Jr.
Represented By: Sarah Chapin Columbia
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Defendant: The Johns Hopkins Hospital
Represented By: Heather B. Repicky
Represented By: Michael A. Molano
Represented By: Jeremy A.M. Evans
Represented By: Claire Laporte
Represented By: Alison C. Casey
Represented By: Katrina Marie Quicker
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Defendant: York Hospital
Represented By: Amol A. Parikh
Represented By: Joseph H. Paquin, Jr.
Represented By: Emily E. Smith-Lee
Represented By: Melissa Nott Davis
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Defendant: Toshiba Medical Systems Corporation
Represented By: Jeremy A. Anapol
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
Represented By: Philip C. Swain
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Defendant: Toshiba America Medical Systems, Inc.
Represented By: Jeremy A. Anapol
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
Represented By: Philip C. Swain
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Defendant: Brainlab, Inc.
Represented By: Josh M. Ryland
Represented By: Marissa M. Ennis
Represented By: Heather B. Repicky
Represented By: Brian K. Brookey
Represented By: David L. Ferrera
Represented By: Jay R. Campbell
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Defendant: Seashore Imaging, LLC
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
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Defendant: Philips Medical Systems Nederland B.V.
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Defendant: Invivo Corporation
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Defendant: The Johns Hopkins University
Represented By: Michael A. Molano
Represented By: Jeremy A.M. Evans
Represented By: Claire Laporte
Represented By: Katrina Marie Quicker
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Defendant: Philips Healthcare Informatics, Inc.
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Defendant: St. Mary's Medical Group, Inc.
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
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Defendant: Coastal Radiology Associates, PLLC
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
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Defendant: Tufts Medical Center a/k/a Tufts Shared Services, Inc.
Represented By: Claire Laporte
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Defendant: Wellspan Medical Group
Represented By: Amol A. Parikh
Represented By: Joseph H. Paquin, Jr.
Represented By: Emily E. Smith-Lee
Represented By: Melissa Nott Davis
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Defendant: Saint Louis University
Represented By: Winthrop B. Reed
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Defendant: Hitachi Medical Corporation
Represented By: Melissa Nott Davis
Represented By: Amol A. Parikh
Represented By: Joseph H. Paquin, Jr.
Represented By: Sarah Chapin Columbia
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Defendant: Koninklijke Philips Electronics N.V.
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Defendant: Eastern Radiologists, Inc.
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
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Defendant: Smart Scan MRI, LLC
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
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Defendant: Athens Radiology Associates, P.C.
Represented By: Irfan A. Lateef
Represented By: Brian C. Claassen
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Defendant: Philips Electronics North America Corporation
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Defendant: Tufts Medical Center Physicians Organization
Represented By: Claire Laporte
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Consolidated plaintiff: Consolidated Plaintiffs
Represented By: Adam S. Hoffman
Represented By: Justin E. Maio
Represented By: Lucia A. Passanisi
Represented By: William F. Swiggart
Represented By: Marc A. Fenster
Represented By: David S. Godkin
Represented By: Fredricka Ung
Represented By: Arka D Chatterjee
Represented By: Amir A. Naini
Represented By: Chanel Katiraie
Represented By: Paul A. Kroeger
Represented By: Alex R. Straus
Represented By: Andrew D. Weiss
Represented By: Catherine I. Rajwani
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In re: NeuroGrafix ('360) Patent Litigation
Represented By: Paul A. Kroeger
Represented By: Marc A. Fenster
Represented By: David S. Godkin
Represented By: Amir A. Naini
Represented By: Fredricka Ung
Represented By: Arka D Chatterjee
Represented By: Andrew D. Weiss
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Consolidated defendant: Consolidated Defendants
Represented By: Melissa Nott Davis
Represented By: Irfan A. Lateef
Represented By: Michael A. Molano
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