ERESEARCHTECHNOLOGY, INC v. CRF, INC
| ERESEARCHTECHNOLOGY, INC |
| CRF, INC doing business as CRF HEALTH |
| 2:2015cv00918 |
| July 15, 2015 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Nora Barry Fischer |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 24, 2017. A more recent docket listing may be available from PACER.
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Filing 45
MANDATE of USCA as to #42 Notice of Appeal, filed by ERESEARCHTECHNOLOGY, INC., Affirming judgment/order of the district court. (ksa)
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Filing 44
USCA JUDGMENT (Federal Circuit) re #42 Notice of Appeal, filed by ERESEARCHTECHNOLOGY, INC., Affirming judgment/order of the District Court. Mandate to follow. (Attachments: #1 Opinion, #2 Rehearing Information Sheet, #3 Supreme Court Information Sheet) (ksa)
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Remark: Emailed #42 Notice of Appeal, #39 Memorandum Opinion, #40 Order and Certified Copy of Docket to Federal Circuit. (jsp)
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Filing 42
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT as to #40 Order on Motion to Dismiss for Failure to State a Claim, #39 Memorandum Opinion & Order by ERESEARCHTECHNOLOGY, INC. Filing fee $ 505, receipt number 0315-3984477. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): Karen Earley, Virginia Pease. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Singer, James)
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Filing 41
NOTIFICATION of Decision sent to Commissioner of Patents and Trademarks re #40 Order on Motion to Dismiss for Failure to State a Claim, #39 Memorandum Opinion & Order. (Attachments: #1 Memorandum Opinion, #2 Order Terminating Case) (ksa)
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Filing 40
ORDER indicating that for the reasons detailed in the accompanying Memorandum Opinion #39 , it is hereby ordered that Defendant's Motion to Dismiss, Pursuant to Rule 12(b)(6) #24 is granted; that this suit shall be dismissed for failure to state a claim upon which relief can be granted. The Clerk of Court shall mark this case closed. Signed by Judge Nora Barry Fischer on 5/10/16. (jg)
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Filing 39
MEMORANDUM OPINION indicating that, for the reasons more fully stated within, Defendant's Motion to Dismiss, Pursuant to Rule 12(b)(6) #24 is granted. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 5/10/16. (jg)
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Filing 38
Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing held on 3/10/16 indicating that the Court reconvened a Hearing and Oral Argument on Defendant's Motion to Dismiss (Amended Complaint) #24 with counsel representing all parties, principals, and a court reporter present. Counsel provided argument in line with their briefs, and thereafter addressed the Court's questions. At the conclusion of Hearing and Oral Argument, the Court inquired whether the parties would like to file supplemental briefs, and the parties declined same. The Court ordered preparation of the transcript, the cost to be borne by the parties equally. (Court Reporter: V. Pease) (jg)
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Filing 37
ORDER indicating that the Court having conducted a Hearing and Oral Argument on 1/29/16 regarding Defendant's motion to dismiss #24 , wherein the parties agreed to continue the Hearing and Oral Argument until 3/10/16, it is hereby ordered that the Hearing and Oral Argument shall continue on 3/10/16 at 1:00 p.m. The parties shall notify the Court's law clerk by 3/3/16 if they wish to appear by telephone. Signed by Judge Nora Barry Fischer on 2/1/16. (jg)
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Filing 36
Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing held on 1/29/16 re #24 Defendant's Motion to Dismiss (details of proceeding more fully stated in memo); An appropriate Order follows. (Court Reporter: K. Earley) (jg)
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Filing 35
Sur-Reply in Opposition re #24 Motion to Dismiss for Failure to State a Claim, filed by ERESEARCHTECHNOLOGY, INC. (Kim, Olivia) Modified on 1/5/2016 to edit docket text. (ksa)
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Filing 34
REPLY BRIEF re #24 Motion to Dismiss for Failure to State a Claim Under 35 U.S.C. 101 filed by CRF, INC. (Attachments: #1 Exhibit 4) (Tabachnick, Gene)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #32 Motion to Reschedule Oral Argument. ERROR: Signature on document and filer do not match. CORRECTION: Attorney Holzworth advised of signature requirements for future reference. No further action is required as this motion has been ruled on by the Court. This message is for informational purposes only. (ksa)
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Filing 33
ORDER granting #32 Motion to Reschedule Oral Argument; that the Motion Hearing on Defendants' Motion to Dismiss Amended Complaint #29 set for 1/11/16 at 9:30 AM is re-set for 1/29/16 at 1:30 PM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 12/11/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 32
MOTION to Reschedule Oral Argument re 31 Order Setting Hearing on Motion, by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Proposed Order) (Holzworth, Richard)
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Filing 31
ORDER Setting Hearing on #24 Defendant's Motion to Dismiss: A Motion Hearing is set for 1/11/16 at 9:30 AM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 12/4/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 30
ORDER Response/Briefing Schedule re Motion to Dismiss for Failure to State a Claim #24 , Brief in Support of Motion #25 , Response in Opposition #29 , IT IS HEREBY ORDERED that Plaintiff's reply to #29 shall be due by 12/18/2015. IT IS FURTHER ORDERED that Defendant's sur-reply to Plaintiff's reply shall be due by 1/4/2016. Signed by Judge Nora Barry Fischer on 12/4/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drm)
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Filing 29
RESPONSE IN OPPOSITION to #24 Motion to Dismiss for Failure to State a Claim, filed by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Kim, Olivia)
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Filing 28
ORDER granting #27 Motion for Leave to File Excess and for Extension of Time to File Response/Reply as to #24 Defendant's Motion to Dismiss Amended Complaint; that (a) the page limit for Plaintiff's brief in opposition to Defendant's Motion to Dismiss (Amended Complaint) is extended to no more than 25 pages, and (b) the time for Plaintiff to file its brief in opposition is extended to 12/3/15. Signed by Judge Nora Barry Fischer on 11/12/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 27
MOTION for Leave to File Excess Pages , MOTION for Extension of Time to File Response/Reply as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM / Plaintiff eResearch Technology, Inc.'s Motion for Leave to Extend Page Limit and Time to Respond by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Proposed Order) (Stang, William)
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Filing 26
ORDER ON MOTIONS PRACTICE (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 11/5/15. (jg)
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Filing 25
BRIEF in Support re #24 Motion to Dismiss for Failure to State a Claim filed by CRF, INC. (Attachments: #1 Appendix of Section 101 Cases, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Tabachnick, Gene)
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Filing 24
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CRF, INC. (Attachments: #1 Proposed Order) (Tabachnick, Gene)
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Filing 23
ORDER granting #22 Defendant's Motion for Leave to File Excess Pages; that the page limit for Defendant CRF, Inc.'s brief in support of its Motion to Dismiss is extended to no more than 25 pages. Signed by Judge Nora Barry Fischer on 11/4/15. (jg)
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Filing 22
MOTION for Leave to File Excess Pages by CRF, INC. (Attachments: #1 Proposed Order) (Tabachnick, Gene)
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Filing 21
NOTICE of Appearance by Richard T. Ting on behalf of CRF, INC. (Ting, Richard)
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Filing 20
NOTICE of Appearance by John C. Thomas on behalf of CRF, INC. (Thomas, John)
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Filing 19
NOTICE of Appearance by Gene A. Tabachnick on behalf of CRF, INC. (Tabachnick, Gene)
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Filing 18
AMENDED COMPLAINT /First Amended Complaint for Patent Infringment and Demand for Jury Trial against CRF, INC CRF, INC answer due 11/5/2015, filed by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Stang, William)
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Filing 17
Stipulation for Extension of Time to Answer by CRF, INC Answer due from CRF, INC on 10/22/2015. (Nemiroff, Andrew)
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Filing 16
ORDER granting #15 Motion for Andrew P. Nemiroff, Esquire to Appear Pro Hac Vice on behalf of Defendant CRF, Inc. Signed by Judge Nora Barry Fischer on 10/7/15. (jg)
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Filing 15
MOTION for attorney Andrew P. Nemiroff to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3731680) by CRF, INC. (Attachments: #1 Exhibit Declaration of Andrew P. Nemiroff, Esq., #2 Proposed Order) (Nemiroff, Andrew)
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Filing 14
CERTIFICATE OF SERVICE of Notice of Placement into ADR Program by ERESEARCHTECHNOLOGY, INC re #5 Notice of ADR Designation, (Pak, Grace)
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Filing 13
SUMMONS/Return of Service Returned Executed by ERESEARCHTECHNOLOGY, INC. CRF, INC served on 9/16/2015, answer due 10/7/2015. (Pak, Grace)
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Filing 12
ORDER granting #9 Motion for Grace Pak, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 8/24/15. (jg)
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Filing 11
ORDER granting #8 Motion for Olivia M. Kim, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 8/24/15. (jg)
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Filing 10
ORDER granting #7 Motion for Edward G. Poplawski, Esquire to Appear Pro Hac Vice on behalf of Plaintiff. Signed by Judge Nora Barry Fischer on 8/24/15. (jg)
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Filing 9
MOTION for attorney Grace Pak to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3688210) by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Singer, James)
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Filing 8
MOTION for attorney Olivia M. Kim to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3688190) by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Singer, James)
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Filing 7
MOTION for attorney Edward G. Poplawski to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3688181) by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Singer, James)
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Filing 6
NOTICE of Appearance by James M. Singer on behalf of ERESEARCHTECHNOLOGY, INC. (Singer, James)
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Filing 5
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg)
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Filing 4
ORDER Declining Assignment of Patent Case, in accordance with Section 1(a)(1)(C) of Public Law 111-349, Pilot Program in Certain District Courts. Signed by Judge David S. Cercone on 7/20/15. (njt)
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Judge David S. Cercone no longer assigned to case. (sms)
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Judge Nora Barry Fischer added. (sms)
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Filing 3
PATENT/TRADEMARK DOCUMENTS ISSUED. (Attachments: #1 Complaint for Patent Infringement, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Docket Sheet) (ksa)
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Summons Issued as to *CRF, INC* (ksa)
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Filing 2
Disclosure Statement identifying GENSTAR CAPITAL LLC as corporate parent or other affiliate, by ERESEARCHTECHNOLOGY, INC. (ksa)
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Filing 1
COMPLAINT for Patent Infringement against CRF, INC (Filing fee, including Administrative fee, $400, receipt number 0315-3650514), filed by ERESEARCHTECHNOLOGY, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Summons for CRF, Inc) (ksa)
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