CAO Group v. First Medical Infection Control Associates
| CAO Group |
| First Medical Infection Control Associates |
| Spring Health Products |
| 2:2015cv00698 |
| September 28, 2015 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Dee Benson |
| Patent |
| 35 U.S.C. § 0271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2017. A more recent docket listing may be available from PACER.
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| Filing 68 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office (blh) |
Filing 67
ORDER DISMISSING CASE with prejudice. Case closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Dee Benson on 5/9/2017. (blh)
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| Filing 66 Stipulated MOTION to Dismiss and Memorandum in Support filed by Plaintiff CAO Group. (Attachments: #1 Text of Proposed Order)(Burton, H.) |
| Filing 65 SETTLEMENT CONFERENCE REPORT: A Settlement Conference was held on 4/27/2017. Parties and counsel were present. The settlement conference was conducted by Magistrate Judge Dustin B. Pead pursuant to the Order of Reference for Settlement. The parties reached a settlement and will submit a stipulation for the dismissal of the case. As settlement proceedings have been completed, the district judge may now issue an Order to Withdraw the Order of Referral for Settlement. (blh) |
| Filing 64 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Settlement Conference held on 4/27/2017. Plaintiff and Defendnats reached a settlement in principle. The parties to mediation will reduce their agreement to writing no later than May 4, 2017. The parties will then file stipulated motions to dismiss case numbers 2:15-cv-698 and 2:15-cv-699, no later than Monday, May 8, 2017. Attorney for Plaintiff: H. Dickson Burton and Stephen E. Pulley, Attorney for Defendant: Blake T. Dietrich, John M. Jackson and Mitchell A. Stephens. Court Reporter: **SEALED** Electronic. Audio is NOT to be released without prior order of the court. (Time Start: 5:46:04, Time End: 5:51:16, Room 7.100). (tls) |
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Filing 63
MEDIATION ORDER. (Settlement Conference set for 4/27/2017 at 02:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead) Signed by Magistrate Judge Dustin B. Pead on 3/27/2017. (blh)
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Filing 62
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1) for for Settlement. Counsel shall, by March 27, 2017, jointly contact the Magistrate to schedule the settlement conference. No attached document. Signed by Judge Dee Benson on 3/13/17. (ksm)
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| NOTICE OF VACATING HEARING on #31 and #55 Cross MOTIONS to Determine Markman Issues set for Wednesday March 15th, 2017 at 1:00 p.m. The hearing is STAYED pending mediation/settlement conference. (Notice generated by CHAMBERS) (reb) |
| Filing 61 NOTICE OF HEARING ON MOTION re: #55 MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support, #31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support : (Notice generated by CHAMBERS) Motion Hearing set for 3/15/2017 at 01:00 PM in Rm 8.300 before Judge Dee Benson. (reb) |
| Filing 60 NOTICE of Availability to Resume Claim Construction Proceedings by First Medical Infection Control Associates, Spring Health Products (Jackson, John) |
| Filing 59 NOTICE of Joint Claim Construction Chart as Required by Local Patent Rule 4.2 re #55 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group [Filed in 2:15cv699 on 9/21/16] (blh) |
| Filing 58 REQUEST for Oral Argument re #55 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group [Filed in 2:15cv699 on 9/15/16] (blh) |
| Filing 57 RESPONSE re #55 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Consol Defendant Spring Health Products [Filed in 2:15cv699 on 9/15/16] (blh) |
| Filing 56 APPENDIX to #55 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group (Attachments: #1 Appendix 1 - U.S. Patent 6,331,111, #2 Appendix 2 - U.S. Patent 6,719,559, #3 Appendix 3 - U.S. Patent 6,755,648, #4 Appendix 4 - U.S. Patent 6,783,362, #5 Appendix 5 - U.S. Patent 6,926,524, #6 Appendix 6 - U.S. Patent 6,969,253, #7 Appendix 7 - U.S. Patent 6,971,875, #8 Appendix 8 - U.S. Patent 7,086,858, #9 Appendix 9 - U.S. Patent 7,094,054, #10 Appendix 10 - File History for U.S. Patent 6,331,111, #11 Appendix 11 - File History for U.S. Patent 6,719,559, #12 Appendix 12 - File History for U.S. Patent 6,755,648, #13 Appendix 13 - Part 1 of File History for U.S. Patent 6,783,362, #14 Appendix 13 - Part 2 of File History for U.S. Patent 6,783,362, #15 Appendix 14 - File History for U.S. Patent 6,926,524, #16 Appendix 15 - File History for U.S. Patent 6,969,253, #17 Appendix 16 - Part 1 of File History for U.S. Patent 6,971,875, #18 Appendix 16 - Part 2 of File History for U.S. Patent 6,971,875, #19 Appendix 17 - Part 1 of File History for U.S. Patent 7,086,858, #20 Appendix 17 - Part 2 of File History for U.S. Patent 7,086,858, #21 Appendix 18 - File History for U.S. Patent 7,094,054) [Filed in 2:15cv699 on 8/18/16] (blh) Modified by adding original filing info on 12/5/2016 (blh). |
| Filing 55 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group [Filed in 2:15cv699 on 8/18/16] (blh) |
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Filing 54
ORDER granting #52 Motion to Consolidate Cases. Signed by Judge Dee Benson on 12/5/2016. (blh)
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| Filing 53 MEMORANDUM in Opposition re #52 MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiff CAO Group. (Burton, H.) |
| Filing 52 MOTION to Consolidate Cases and Memorandum in Support filed by Defendant First Medical Infection Control Associates. (Attachments: #1 Exhibit A - Memorandum Decision and Order, #2 Exhibit B - Email, #3 Text of Proposed Order)(Jackson, John) |
| Filing 51 NOTICE of Availability to Resume Claim Construction Proceedings by CAO Group re #49 Order, Terminate Motions, Set Hearings, Terminate Deadlines and Hearings (Burton, H.) |
| Deadlines/Hearings terminated. Hearing scheduled for 11/1/2016 at 11:00 a.m. is CANCELLED. (reb) |
| Filing 50 NOTICE of Decision on Motion to Consolidate in Related Case by CAO Group re #49 Order, Terminate Motions, Set Hearings, Terminate Deadlines and Hearings (Attachments: #1 Exhibit A - Memorandum Decision and Order on Motion to Consolidate) (Burton, H.) |
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Filing 49
ORDER granting #48 Stipulated MOTION to Stay the written Claim Construction Tutorial deadline and the Markman Hearing. Signed by Judge Dee Benson on 10/24/2016. (blh)
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| Filing 48 Stipulated MOTION to Stay re 42 Notice of Hearing on Motion, and Memorandum in Support filed by Plaintiff CAO Group. (Attachments: #1 Exhibit A - Motion to Consolidate, #2 Text of Proposed Order)(Burton, H.) |
| Filing 47 NOTICE OF FILING of Motion to Consolidate filed by Plaintiff CAO Group. (Attachments: #1 Exhibit A - Motion to Consolidate)(Burton, H.) |
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Filing 46
ORDER granting #45 Motion for Extension of Time. The Parties' written claim construction tutorial shall be filed no later than October 28, 2016. Signed by Judge Dee Benson on 9/28/2016. (blh)
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| Filing 45 Stipulated MOTION for Extension of Time For Written Claim Construction Tutorial and Memorandum in Support filed by Plaintiff CAO Group. (Attachments: #1 Text of Proposed Order)(Pulley, Stephen) |
| Filing 44 NOTICE of Joint Claim Construction Chart as Required by Local Patent Rule 4.2 by CAO Group re #30 Brief, #31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support (Burton, H.) |
| Filing 43 STATUS REPORT (JOINT) As Required by Local Patent Rule 4.2 by CAO Group. (Burton, H.) |
| Filing 42 NOTICE OF HEARING ON MOTION re: #31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support : (Notice generated by CHAMBERS) Motion Hearing set for 11/1/2016 at 11:00 AM in Rm 8.300 before Judge Dee Benson. The Court would like a live demonstration of the technology at issue prior to oral argument on Plaintiff's Cross Motion to Determine Markman issues. (reb) |
| Filing 41 REQUEST for Oral Argument re #31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group. (Burton, H.) |
| Filing 40 RESPONSE to Motion re #31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support (filed in response to Docket No. 30) filed by Plaintiff CAO Group. (Burton, H.) |
| Filing 39 RESPONSE re #31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support , filed by First Medical Infection Control Associates. (Jackson, John) |
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Filing 38
MEMORANDUM DECISION and ORDER denying #26 Motion for Partial Summary Judgment. The Motion Hearing set for 9/7/2016 at 03:00 PM is vacated. Signed by Judge Dee Benson on 8/31/2016. (blh)
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| Filing 37 NOTICE OF HEARING ON MOTION re: #26 MOTION for Partial Summary Judgment : (Notice generated by CHAMBERS) Motion Hearing set for 9/7/2016 at 03:00 PM in Rm 8.300 before Judge Dee Benson. (reb) |
| Filing 36 AFFIDAVIT/DECLARATION of David Small in Support re #26 MOTION for Partial Summary Judgment filed by Defendant First Medical Infection Control Associates. (Stephens, Mitchell) |
| Filing 35 REPLY to Response to Motion re #26 MOTION for Partial Summary Judgment filed by Defendant First Medical Infection Control Associates. (Stephens, Mitchell) |
| Filing 34 ERROR - Filed in the wrong case Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group. (Pulley, Stephen) Modified on 8/19/2016-Per call from paralegal at atty's office, motion filed in error. (jmr). |
| Filing 33 APPENDIX to #31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group Joint Appendix. (Attachments: #1 Appendix 1 - US Patent No. 6,719,559, #2 Appendix 2 - US Patent No. 6,755,648, #3 Appendix 3 - US Patent No. 6,783,362, #4 Appendix 4 - US Patent No. 6,926,524, #5 Appendix 5 - US Patent No. 6,972,875, #6 Appendix 6 - File History US Patent No. 6,719,559, #7 Appendix 7 - File History US Patent No. 6,755,648, #8 Appendix 8 - Part 1 of File History of US Patent No. 6,783,362, #9 Appendix 8 - Part 2 of File History of US Patent No. 6,783,362, #10 Appendix 9 - File History of US Patent No. 6,926,524, #11 Appendix 10 - Part 1 of File History of US Patent No.6,971,875, #12 Appendix 10 - Part 2 of File History of US Patent No. 6,971,875)(Pulley, Stephen) |
| Filing 32 APPENDIX to #30 Brief filed by Defendant First Medical Infection Control Associates . (Attachments: #1 Exhibit A - New IEEE Standard, #2 Exhibit B - IEEE 100, #3 Exhibit C - Patent US6719559, #4 Exhibit D - Patent US6755648, #5 Exhibit E - Patent US6783362, #6 Exhibit F - Patent US6926524, #7 Exhibit G - Patent US6971875)(Stephens, Mitchell) |
| Filing 31 Cross MOTION to Determine Markman Issues and Request for Hearing and Memorandum in Support filed by Plaintiff CAO Group. (Pulley, Stephen) |
| Filing 30 Opening Claim Construction BRIEF filed by Defendant First Medical Infection Control Associates. (Stephens, Mitchell) |
| Filing 29 AFFIDAVIT/DECLARATION of H. Dickson Burton in Opposition re #26 MOTION for Partial Summary Judgment filed by Plaintiff CAO Group. (Attachments: #1 Exhibit A - Relevant excerpts and exhibits to the deposition transcript of David Small)(Burton, H.) |
| Filing 28 AFFIDAVIT/DECLARATION of Dr. Densen Cao in Opposition re #26 MOTION for Partial Summary Judgment filed by Plaintiff CAO Group. (Burton, H.) |
| Filing 27 MEMORANDUM in Opposition re #26 MOTION for Partial Summary Judgment filed by Plaintiff CAO Group. (Burton, H.) |
| Filing 26 MOTION for Partial Summary Judgment filed by Defendant First Medical Infection Control Associates. (Attachments: #1 Exhibit Exhibit A - First Correspondence, #2 Exhibit Exhibit B - First Medica's Response to the First Correspondence, #3 Exhibit Exhibit C - Second Correspondence, #4 Exhibit Exhibit D - Bloomberg Law Docket Report for "CAO Group")(Stephens, Mitchell) |
| Filing 25 NOTICE of Issuance of Subpoena to GC America, Inc. by First Medical Infection Control Associates (Attachments: #1 Exhibit 1 - Subpoena and Attachment to GC America) (Stephens, Mitchell) |
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Filing 24
PATENT CASE SCHEDULING ORDER: Amended Pleadings due by 1/28/2016. Joinder of Parties due by 1/28/2016. Discovery due by 8/11/2016. Motions due by 8/18/2016. See order for further details. Signed by Magistrate Judge Evelyn J. Furse on 12/17/15. (Attachments: #1 Exhibit A)(jlw)
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| Filing 23 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order, #2 Exhibit A to Proposed Patent Case Scheduling Order Regarding E-Discovery)(Burton, H.) |
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Filing 22
ORDER granting #20 Motion for Admission Pro Hac Vice of John M. Jackson,Blake T. Dietrich for First Medical Infection Control Associates. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting #21 Motion for Admission Pro Hac Vice of John M. Jackson,Blake T. Dietrich for First Medical Infection Control Associates. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dee Benson on 12/7/15. (Attachments: #1 PHV) (jlw)
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| Filing 21 MOTION for Admission Pro Hac Vice of Blake T. Dietrich , Registration fee $ 15, receipt number 1088-2392895, filed by Defendant First Medical Infection Control Associates. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Vice Admission)(Stephens, Mitchell) |
| Filing 20 MOTION for Admission Pro Hac Vice of John M. Jackson , Registration fee $ 15, receipt number 1088-2392893, filed by Defendant First Medical Infection Control Associates. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Vice Admission)(Stephens, Mitchell) |
| Filing 19 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Dee Benson. Magistrate Judge Dustin B. Pead no longer assigned to the case. (las) |
| Filing 18 RECEIVED Consent/Reassignment Form from Defendant First Medical Infection Control Associates. (las) |
| Filing 17 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #11 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) |
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Filing 16
ORDER granting #15 Motion to Withdraw as Attorney. Attorney Edgar R. Cataxinos withdrawn from case for Plaintiff. Signed by Magistrate Judge Dustin B. Pead on 11/25/2015. (jwt)
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| Filing 15 Ex Parte (Not Sealed) MOTION to Withdraw as Attorney and Memorandum in Support filed by Plaintiff CAO Group. (Attachments: #1 Exhibit A - Consent by CAO, #2 Text of Proposed Order)(Cataxinos, Edgar) |
| Filing 14 NOTICE of Appearance by H. Dickson Burton on behalf of CAO Group (Burton, H.) |
| Filing 13 NOTICE of Appearance by H. Dickson Burton on behalf of CAO Group (Burton, H.) |
| Filing 12 RECEIVED Consent/Reassignment Form from Plaintiff CAO Group. (las) |
| Filing 11 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff CAO Group, Defendant First Medical Infection Control Associates. Form due by 11/23/2015. (las) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant First Medical Infection Control Associates. (Stephens, Mitchell) |
| Filing 9 ANSWER to Complaint with Jury Demand filed by First Medical Infection Control Associates. (Attachments: #1 Exhibit A - CAO Letter 12/15/2006) Attorney Mitchell A. Stephens added to party First Medical Infection Control Associates(pty:dft)(Stephens, Mitchell) |
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer. Answer deadline updated for First Medical Infection Control Associates answer due 11/5/2015. Signed by Magistrate Judge Dustin B. Pead on 12/23/2015. (las)
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| Filing 7 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff CAO Group identifying None as Corporate Parent. (Cataxinos, Edgar) |
| Filing 6 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint, and Memorandum in Support filed by Plaintiff CAO Group. (Attachments: #1 Text of Proposed Order)(Cataxinos, Edgar) |
| Filing 5 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by CAO Group as to First Medical Infection Control Associates served on 10/5/2015, answer due 10/26/2015. (Cataxinos, Edgar) |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to First Medical Infection Control Associates. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) |
| Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Supplement Copy of Complaint) (mms) |
| Filing 2 COMPLAINT against First Medical Infection Control Associates (Filing fee $ 400, receipt number 1088-2349764), filed by CAO Group. (Attachments: #1 Civil Cover Sheet attached, #2 Exhibit A - US Patent 6719559, #3 Exhibit B - US Patent 6755648, #4 Exhibit C - US Patent 6783362, #5 Exhibit D - US Patent 6926524, #6 Exhibit E - US Patent 6971875) Assigned to Magistrate Judge Dustin B. Pead (Cataxinos, Edgar) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff CAO Group is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mms) |
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