Ameritox, Ltd. v. Millennium Health, LLC
Ameritox, Ltd. and Marshfield Clinic, Inc. |
Millennium Health, LLC |
3:2013cv00832 |
December 2, 2013 |
US District Court for the Western District of Wisconsin |
Madison Office |
Out of State |
William M Conley |
Stephen L Crocker |
Patent |
28 U.S.C. § 1338 Patent Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on October 25, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 542 ORDER from USCA for the Federal Circuit dismissing appeals as to #487 Notice of Appeal, filed by Millennium Health, LLC and #520 Notice of Appeal, filed by Ameritox, Ltd., Marshfield Clinic, Inc. and each side to bear its own costs. (voc) |
Filing 541 ** TEXT ONLY ORDER **Defendant Millennium Health, LLC's unopposed motion to release bond (dkt. #540 ) is GRANTED. The bond is released, and the clerk of court is directed to return the bond to Millennium's counsel with a notation that the bond has been canceled. Signed by District Judge William M. Conley on 10/20/2016. (jls) |
Filing 540 Unopposed Motion to Release Supersedeas Bond by Counter Claimant Millennium Health, LLC, Defendant Millennium Health, LLC. (Gregor, Jennifer) |
Filing 539 ** TEXT ONLY ORDER ** Pursuant to the stipulation of the parties (dkt. #538 ), this case is DISMISSED with prejudice and without costs. Signed by District Judge William M. Conley on 10/17/2016. (voc/mh) |
Filing 538 STIPULATION of Dismissal by Plaintiff Ameritox, Ltd., (Attachments: #1 Exhibit - Proposed Order) (Osterhoff, Michael) |
Filing 537 Notice of Supplemental Authority by Defendant Millennium Health, LLC re: #462 Motion for Enhanced Damages, (Attachments: #1 Appellate Opinion dated September 21, 2016 - Opinion in WesternGeco, L.L.C. v. ION Geophysical Corp., No. 2013-1527) (Hollman, Steven) Modified on 10/4/2016: Linked to the pending motion instead of the brief. (lak) |
Filing 536 Redaction to #535 Declaration of Steven P. Hollman filed by Defendant Millennium Health, LLC in Support of Millennium Health, LLC's Supplemental Brief on the Impact of Halo to the Court's Enhanced Damages Determination by Defendant Millennium Health, LLC, (Attachments: #1 Exhibit A - Hardaway Declaration in Support of Debtors' Ch 11 Petitions, #2 Exhibit B - Nov. 10, 2015 Press release, #3 Exhibit C - Perlman & Sood Article Jun. 2, 2016) (Hollman, Steven) Modified on 8/14/2016. (lak) |
Filing 535 Declaration of Steven P. Hollman filed by Defendant Millennium Health, LLC in Support of Millennium Health, LLC's Supplemental Brief on the Impact of Halo to the Court's Enhanced Damages Determination re: #462 Motion for Enhanced Damages, (Sealed Document) (Attachments: #1 Exhibit A - Hardaway Declaration in Support of Debtors' Ch 11 Petitions, #2 Exhibit B - Nov. 10, 2015 Press release, #3 Exhibit C - Perlman & Sood Article Jun. 2, 2016) (Hollman, Steven) Modified on 8/14/2016. (lak) |
Filing 534 Brief in Opposition by Defendant Millennium Health, LLC re: #462 Motion for Enhanced Damages filed by Ameritox, Ltd., Marshfield Clinic, Inc. Supplemental Brief on the Impact of Halo to the Court's Enhanced Damages Determination. (Hollman, Steven) |
Filing 533 Redaction to #531 Supplemental Brief in Support by Counter Defendant Ameritox, Ltd., Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Marchuk, Adam) |
Filing 532 Declaration of Adam Marchuk filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #462 Motion for Enhanced Damages, (Attachments: #1 Exhibit A - Order in Transdata, Inc. v. Denton Mun. Elec., #2 Exhibit B - Order in Presidio Components Inc. v. American Technical Ceramics, Inc., #3 Exhibit C - Judgment in Presidio Components Inc. v. American Technical Ceramics, Inc.) (Marchuk, Adam) Modified on 7/31/2016. (lak) |
Filing 531 Supplemental Brief in Support of #462 Motion for Enhanced Damages by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Marchuk, Adam) Modified on 7/31/2016. (lak/kwf) |
Filing 530 ** TEXT ONLY ORDER **ORDER granting #529 Motion to Withdraw as Attorney. Attorney Douglas Maynard Poland terminated. Signed by Magistrate Judge Stephen L. Crocker on 7/29/2016. (voc) |
Filing 529 Motion to Withdraw as Attorney (Douglas M. Poland) by Defendant Millennium Health, LLC. Response due 8/4/2016. (Gregor, Jennifer) |
Filing 528 AMENDED JUDGMENT. Signed by District Judge William M. Conley on 7/25/2016. (voc) |
Filing 527 ORDER granting in part and denying in part #462 Motion for Enhanced Damages. The court awards prejudgment interest in the amount of $1,148,164.21, and reserves on plaintiff's motion for enhanced damages pursuant to 284 pending supplemental briefing. Plaintiffs' brief is due on or before July 29, 2016; defendant's response is due August 12, 2016. Plaintiffs' motion for attorneys' fees, expert witness fees and additional expenses (dkt. #465 ) is DENIED. Signed by District Judge William M. Conley on 7/15/2016. (voc) |
Set/Reset Supplemental Briefing Deadlines as to #462 Motion for Enhanced Damages and Prejudgment Interest. Brief in Support due 7/29/2016. Brief in Opposition due 8/12/2016. (voc) |
Filing 526 Response to #525 Notice of Supplemental Authority by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 525 Notice of Supplemental Authority by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re #462 Motion for Enhanced Damages and Prejudgment Interest, (Attachments: #1 Exhibit - Halo Elec. Inc. v. Pulse Elec., Inc. et al. Slip Opinion) (Marchuk, Adam) |
Filing 524 Notice by Defendant Millennium Health, LLC Regarding Millennium Health, LLC's Emergence from Bankruptcy, (Attachments: #1 Notice) (Gregor, Jennifer) Modified on 1/27/2016. (lak) |
Filing 523 ORDER: The court is in receipt of defendant and counterclaimant Millennium Health, LLC's suggestion of bankruptcy. (Dkt. #522 .) While judgment has been entered in this case, there are post-judgment motions pending.IT IS ORDERED that all pending motions are stayed and any order to reopen shall place this case at the head of the docket for immediate judicial attention. Signed by District Judge William M. Conley on 11/16/2015. (voc) |
Filing 522 Notice of Suggestion of Bankruptcy by Defendant Millennium Health, LLC. (Attachments: #1 Exhibit A - Petition for Bankruptcy) (Hollman, Steven) |
USCA for the Federal Circuit Case Number 15-1875 for #520 Notice of Appeal filed by Ameritox, Ltd., Marshfield Clinic, Inc. (lak) |
Filing 521 Transmission of Notice of Appeal, Information Sheet, Judgment, Orders and Docket Sheet to Federal Circuit Court of Appeals re: #520 Notice of Appeal, (Attachments: #1 Information Sheet, #2 Judgment, #3 Order No. 420, #4 Order No. 509, #5 Docket Sheet) (lak) |
Filing 520 CROSS NOTICE OF APPEAL by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. as to #420 Order, #509 Order on Motion for Permanent Injunction, Order on Motion for Leave to File, #441 Judgment. Filing fee of $ 505, receipt number 0758-1596858 paid. No Docketing Statement filed. (Osterhoff, Michael) |
Filing 519 Redaction to #518 Motion for Leave to File A Combined Surreply In Opposition to Plaintiffs' Post-Trial Motions by Defendant Millennium Health, LLC. (Attachments: #1 Exhibit A- Surreply) (Hollman, Steven) Modified on 7/2/2015: Corrected docketing event and terminated second motion. (lak) |
Filing 518 Motion for Leave to File A Combined Surreply in Opposition to Plaintiffs' Post-Trial Motions (Sealed Document) by Defendant Millennium Health, LLC. (Attachments: #1 Exhibit A - Surreply) (Hollman, Steven) |
Filing 517 Redaction to #514 Brief in Reply by Plaintiff Ameritox, Ltd. (Osterhoff, Michael) |
Filing 516 Redaction to #515 Declaration of M. Osterhoff by Plaintiff Ameritox, Ltd., (Attachments: #1 Exhibit A - 4/6/2015 Email from M. Smith, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted) (Osterhoff, Michael) Modified on 6/25/2015. (lak) |
Filing 515 Declaration of M. Osterhoff re: #465 Motion for Attorney Fees, (Sealed Document) (Attachments: #1 Exhibit A - 4/6/2015 Email from M. Smith, #2 Exhibit B - Summary of Withdrawn Fees, #3 Exhibit C - Summary of Undisputed Attorney Fees, #4 Exhibit D - Summary of Undisputed Costs, #5 Exhibit E - Chart of Hours Worked) (Osterhoff, Michael) Modified on 6/24/2015 to link to the pending motion instead of the brief. (lak) |
Filing 514 Brief in Reply by Plaintiff Ameritox, Ltd. in Support of #465 Motion for Attorney Fees. (Sealed Document) (Osterhoff, Michael) |
Filing 513 Brief in Reply by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. in Support of #459 Motion for Taxation of Costs. (Osterhoff, Michael) Modified on 6/24/2015. (lak) |
Filing 512 Brief in Reply by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. in Support of #462 Motion for Enhanced Damages and Prejudgment Interest. (Osterhoff, Michael) |
Filing 511 ** TEXT ONLY ORDER **ORDER granting #510 Motion to Withdraw as Attorney. Attorney David Edwin Jones terminated. Signed by Magistrate Judge Stephen L. Crocker on 6/23/2015. (voc) |
Filing 510 Motion to Withdraw as Attorney by Plaintiff Ameritox, Ltd. Response due 6/30/2015. (Osterhoff, Michael) |
Filing 509 ORDER denying #451 Motion for Permanent Injunction by Plaintiffs Ameritox, Ltd. and Marshfield Clinic, Inc; Granting #495 Motion for Leave to File Surreply by defendant Millennium Health, LLC. Signed by District Judge William M. Conley on 6/19/2015. (voc) |
Filing 508 Declaration of Mark T. Smith re #507 Supplement In Support of Motion for a Permanent Injunction (Attachments: #1 Exhibit A - 06/16/05 Moody's Article) (Osterhoff, Michael) |
Filing 507 Supplement to #451 Motion for Permanent Injunction filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Osterhoff, Michael) |
Filing 506 Declaration of Michael R. Osterhoff re #505 Brief in Opposition to Millennium Health, LLC's Motion for Leave to File Surreply (Attachments: #1 Exhibit A - Debtwire Article) (Jones, David) |
Filing 505 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #495 Motion for Leave to File filed by Millennium Health, LLC (Jones, David) |
Filing 504 Redaction to #503 Brief in Opposition by Defendant Millennium Health, LLC (Hollman, Steven) |
Filing 503 Brief in Opposition by Defendant Millennium Health, LLC re: #459 Motion for Miscellaneous Relief filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) |
Filing 502 Redaction to #501 Brief in Opposition by Defendant Millennium Health, LLC (Hollman, Steven) |
Filing 501 Brief in Opposition by Defendant Millennium Health, LLC re: #465 Motion for Attorney Fees filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) |
Filing 500 Redaction to #499 Declaration by Defendant Millennium Health, LLC, (Attachments: #1 Exhibit 1 - Sealed, #2 Exhibit 2 - PX239, #3 Exhibit 3 - Sealed, #4 Exhibit 4 - PX26, #5 Exhibit 5 - DTX907, #6 Exhibit 6 - PX16, #7 Exhibit 7 - Sealed, #8 Exhibit 8 - Sealed, #9 Exhibit 9 - Sealed, #10 Exhibit 10 - Toshiba v. Imation exhibit list, #11 Exhibit 11 - Douglas Dynamics v. Buyers Prods exhibit list, #12 Exhibit 12 - Ultratec v. Sorenson exhibit list, #13 Exhibit 13 - March 9-11, 2015 emails between counsel, #14 Exhibit 14 - March 23-26, 2015 emails between counsel, #15 Exhibit 15 - D. Maryland Local Patent Rule 804, #16 Exhibit 16 - December 2-8, 2014 emails between counsel, #17 Exhibit 17 -AIPLA economic survey 2013 excerpts, #18 Exhibit 18 - Sealed, #19 Exhibit 19 - December 23, 2014 - January 12, 2015 emails between Millennium and Marshfield, #20 Exhibit 20 - Sealed, #21 Exhibit 21 - Sealed, #22 Exhibit 22 - Jan. 8-27, 2015 emails with Marshfield counsel, #23 Exhibit 23 - July 1-13, 2014 emails with Marshfield counsel, #24 Exhibit 24 - Jan. 15, 2015 email to Marshfield counsel) (Hollman, Steven) Modified on 6/24/2015. (lak) |
Filing 499 Declaration of Rebecca C. Mandel filed by Defendant Millennium Health, LLC re: #465 Motion for Attorney Fees, #459 Motion for Miscellaneous Relief, #462 Motion for Enhanced Damages (Sealed Document) (Attachments: #1 Exhibit 1 - DTX589, #2 Exhibit 2 - PX239, #3 Exhibit 3 - DTX1353, #4 Exhibit 4 - PX26, #5 Exhibit 5 - DTX907, #6 Exhibit 6 - PX16, #7 Exhibit 7 - Barwick Dep. Exhibit 6, #8 Exhibit 8 - Zimmerman Dep. Exhibit 6, #9 Exhibit 9 - Zimmerman Dep. Exhibit 1, #10 Exhibit 10 - Toshiba v. Imation exhibit list, #11 Exhibit 11 - Douglas Dynamics v. Buyers Prods exhibit list, #12 Exhibit 12 - Ultratec v. Sorenson exhibit list, #13 Exhibit 13 - March 9-11, 2015 emails between counsel, #14 Exhibit 14 - March 23-26, 2015 emails between counsel, #15 Exhibit 15 - D. Maryland Local Patent Rule 804, #16 Exhibit 16 - December 2-8, 2014 emails between counsel, #17 Exhibit 17 -AIPLA economic survey 2013 excerpts, #18 Exhibit 18 - DTX1302A, #19 Exhibit 19 - December 23, 2014 - January 12, 2015 emails between Millennium and Marshfield, #20 Exhibit 20 - Barwick Dep. Exhibit 9, #21 Exhibit 21 - Barwick Dep. Exhibit 3, #22 Exhibit 22 - Jan. 8-27, 2015 emails with Marshfield counsel, #23 Exhibit 23 - July 1-13, 2014 emails with Marshfield counsel, #24 Exhibit 24 - Jan. 15, 2015 email to Marshfield counsel) (Hollman, Steven) |
Filing 498 Redaction to #497 Brief in Opposition by Defendant Millennium Health, LLC (Hollman, Steven) |
Filing 497 Brief in Opposition by Defendant Millennium Health, LLC re: #462 Motion for Enhanced Damages filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) |
Filing 496 ORDER from USCA for the Federal Circuit re #487 Notice of Appeal filed by Millennium Health, LLC. Order that Upon consideration of the notice of appeal filed on May 26, 2015, motions of the type enumerated in Fed. R. App. P. 4(a)(4) have been filed in the United States District Court for the Western District of Wisconsin rendering the notice of appeal ineffective. The appeal is deactivated. The appeal will be reactivated upon entry of the order disposing of the last such outstanding motion. (voc) |
Set Deadline as to #495 Motion for Leave to File a Surreply in Opposition to Plaintiffs' Motion for a Permanent Injunction. Plaintiff Response due 6/12/2015. (voc) |
Filing 495 Motion for Leave to File a Surreply in Opposition to Plaintiffs' Motion for a Permanent Injunction, by Defendant Millennium Health, LLC. (Attachments: #1 Exhibit A - Surreply) (Hollman, Steven) Modified on 6/8/2015. (lak) |
Filing 494 Court Reporter Certification of United States Court of Appeals for the Federal Circuit Transcript Information Sheet re #487 Notice of Appeal. (voc) |
Filing 493 Transcript Request Form by Defendant Millennium Health, LLC re #487 Notice of Appeal. (Gregor, Jennifer) |
Filing 492 USCA for the Federal Circuit Case Number 15-1690 for #487 Notice of Appeal, filed by Millennium Health, LLC. (voc) |
Filing 491 Redaction to #489 Brief in Reply by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 490 Declaration of Mark T. Smith re: #451 Motion for Permanent Injunction (Attachments: #1 Exhibit A - John Moore declaration from Florida Litigation, #2 Exhibit B - Standard and Poors article, #3 Exhibit C - IPPro Life Sciences article) (Jones, David) Modified on 6/1/2015 to link to the pending motion. (lak) |
Filing 489 Brief in Reply by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. in Support of #451 Motion for Permanent Injunction. (Sealed Document) (Jones, David) |
Filing 488 Transmission of Notice of Appeal, Information Sheet, Orders, Judgment and Docket Sheet to Federal Circuit Court of Appeals re: #487 Notice of Appeal, (Attachments: #1 Information Sheet, #2 Order No. 215, #3 Order No. 440, #4 Judgment, #5 Docket Sheet) (lak) |
Filing 487 NOTICE OF APPEAL - FEDERAL CIRCUIT by Defendant Millennium Health, LLC as to #215 Order on Motion for Summary Judgment, Order on Motion for Leave to File, #441 Judgment, #440 Order. Filing fee of $505, receipt number 0758-1562391 paid. (Hollman, Steven) Modified on 5/27/2015. (lak) |
Filing 486 Redaction to #485 Brief in Opposition by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 485 Brief in Opposition by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) |
Filing 484 Redaction to #480 Declaration of Rebecca Mandel by Defendant Millennium Health, LLC (Attachments: #1 Exhibit 1 - PTX192A, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - DTX1352B, #4 Exhibit 4 - PTX187A, #5 Exhibit 5 - Press Release dated April 22, 2015, #6 Exhibit 6 - Redacted, #7 Exhibit 7 - DTX0544, #8 Exhibit 8 - Dkt. No. 267 Arizona Order, #9 Exhibit 9 - Dkt. No. 301 Arizona Order, #10 Exhibit 10 - Dkt. No. 338 Amertox Response) (Hollman, Steven) Modified on 5/26/2015. (lak) |
Filing 483 Redaction to #478 Declaration of John Moore by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 482 Redaction to #477 Declaration by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 481 Redaction to #476 Declaration, by Defendant Millennium Health, LLC (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - RADAR 2.0 report announcement) (Hollman, Steven) Modified on 5/26/2015. (lak) |
Filing 480 Declaration of Rebecca C. Mandel filed by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction, (Sealed Document) (Attachments: #1 Exhibit 1 - PTX192A, #2 Exhibit 2 - DTX0732, #3 Exhibit 3 - DTX1352B, #4 Exhibit 4 - PTX187A, #5 Exhibit 5 - Press Release dated April 22, 2015, #6 Exhibit 6 - DTX0593B, #7 Exhibit 7 - DTX0544, #8 Exhibit 8 - Dkt. No. 267 Arizona Order, #9 Exhibit 9 - Dkt. No. 301 Arizona Order, #10 Exhibit 10 - Dkt. No. 338 Amertox Response) (Hollman, Steven) Modified on 5/26/2015. (lak) |
Filing 479 Declaration of Brandon Worley filed by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction. (Hollman, Steven) |
Filing 478 Declaration of John Moore filed by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction. (Sealed Document) (Hollman, Steven) |
Filing 477 Declaration of William W. Zondler filed by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction. (Sealed Document) (Hollman, Steven) |
Filing 476 Declaration of Nikhil Nayak filed by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction (Sealed Document) (Attachments: #1 Exhibit A - 4-21-2015 Email to Sales Force, #2 Exhibit B - 4-21-2015 Email to Department Heads, #3 Exhibit C - RADAR 2.0 report announcement) (Hollman, Steven) |
Filing 475 Declaration of Stephanie Sargeant filed by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction. (Hollman, Steven) |
Filing 474 Declaration of Amanda Wilson filed by Defendant Millennium Health, LLC re: #451 Motion for Permanent Injunction. (Hollman, Steven) |
Filing 473 Redaction to #460 Brief in Support by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Attachments: #1 Exhibit A - Bill of Costs) (Jones, David) |
Filing 472 Redaction to #463 Brief in Support by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 471 Redaction to #461 Declaration by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Attachments: #1 Exhibit A - Diversified Legal Services Invoice, #2 Exhibit B - Deposition Transcript Invoices, #3 Exhibit C - Court Reporter Invoices, #4 Exhibit D - Travel Expense Invoices, #5 Exhibit E - Sealed, #6 Exhibit F - Sealed, #7 Exhibit G - Photocopying and Printing Invoices, #8 Exhibit H - Sealed, #9 Exhibit I - Sealed, #10 Exhibit J- Sealed, #11 Exhibit K - Scientific References Invoices, #12 Exhibit L - ESI Invoices, #13 Exhibit M - Montior Invoice, #14 Exhibit N - Technological Support Invoices, #15 Exhibit O - Millennium Laboratories, Inc.'s Initial Disclosures) (Jones, David) Modified on 5/19/2015. (lak) |
Filing 470 Redaction to #458 Declaration by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Attachments: #1 Exhibit A - Diversified Legal Services Invoice, #2 Exhibit B - Deposition Transcript Invoices, #3 Exhibit C - Court Reporter Invoices, #4 Exhibit D - Travel Expense Invoices, #5 Exhibit E - Sealed, #6 Exhibit F - Sealed, #7 Exhibit G - Photocopying and Printing Invoices, #8 Exhibit H - Sealed, #9 Exhibit I - Sealed, #10 Exhibit J - Sealed, #11 Exhibit K - Scientific References Invoices, #12 Exhibit L - ESI Invoices, #13 Exhibit M - Montior Invoice, #14 Exhibit N - Technological Support Invoices) (Jones, David) Modified on 5/19/2015. (lak) |
Filing 469 Redaction to #467 Declaration by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Attachments: #1 Exhibit A - Sealed, #2 Exhibit B - Sealed, #3 Exhibit C - Sealed, #4 Exhibit D - Sealed, #5 Exhibit E - Professional Biographies, #6 Exhibit F - 03/09/15 email from A. Marchuk to R. Mandel, #7 Exhibit G - Webpage from www.perkinscoie.com., #8 Exhibit H - AIPLA Report of the Economic Survey 2013, #9 Exhibit I - Sealed, #10 Exhibit J - Sealed, #11 Exhibit K- Sealed, #12 Exhibit L - Hilton Madison Monona Terrace Invoice, #13 Exhibit M - Hilton Madison Monona Terrace Invoice, #14 Exhibit N - Enterprise Invoice, #15 Exhibit O - Travel Expenses) (Jones, David) Modified on 5/19/2015. (lak) |
Filing 468 Redaction to #466 Brief in Support by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) Modified on 5/19/2015 to link to the correct document. (lak) |
Set Briefing Schedule as to #465 Motion for Attorney Fees, #459 Motion for Taxation of Costs, #457 Bill of Costs, #462 Motion for Enhanced Damages and Prejudgment Interest. Brief in Opposition due 6/10/2015. Brief in Reply due 6/23/2015. (voc) |
Filing 467 Declaration of Michael R. Osterhoff filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #465 Motion for Attorney Fees (Sealed Document) (Attachments: #1 Exhibit A - Perkins Coie LLP Invoices, #2 Exhibit B - Perkins Coie LLP Invoices, #3 Exhibit C - Foley & Lardner LLP Invoices, #4 Exhibit D - Foley & Lardner LLP Invoices, #5 Exhibit E - Professional Biographies, #6 Exhibit F - 03/09/15 email from A. Marchuk to R. Mandel, #7 Exhibit G - Webpage from www.perkinscoie.com., #8 Exhibit H - AIPLA Report of the Economic Survey 2013, #9 Exhibit I - 05/15/15 Declaration of Chuck Chandler, #10 Exhibit J - 05/07/15 Declaration of Dr. Paul Orsulak, #11 Exhibit K - 05/08/15 Declaration of Carl Degen, #12 Exhibit L - Hilton Madison Monona Terrace Invoice, #13 Exhibit M - Hilton Madison Monona Terrace Invoice, #14 Exhibit N - Enterprise Invoice, #15 Exhibit O - Travel Expenses) (Jones, David) |
Filing 466 Brief in Support of #465 Motion for Attorney Fees by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Jones, David) |
Filing 465 Motion for Attorney Fees by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 464 Declaration of Todd Gardner filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #462 Motion for Enhanced Damages. (Sealed Document) (Jones, David) |
Filing 463 Brief in Support of #462 Motion for Enhanced Damages and Prejudgment Interest by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Jones, David) |
Filing 462 Motion for Enhanced Damages and Prejudgment Interest by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) Modified on 7/18/2016 (voc). |
Filing 461 Declaration of Michael R. Osterhoff filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #459 Motion for Taxation of Costs, (Sealed Document) (Attachments: #1 Exhibit A - Diversified Legal Services Invoice, #2 Exhibit B - Deposition Transcript Invoices, #3 Exhibit C - Court Reporter Invoices, #4 Exhibit D - Travel Expense Invoices, #5 Exhibit E - Travel Expense Invoices, #6 Exhibit F - Orsulak Travel Expense Invoices, #7 Exhibit G - Photocopying and Printing Invoices, #8 Exhibit H - In-house Photocopying Invoices, #9 Exhibit I - Perkins Coie Photocopying Costs, #10 Exhibit J - Photocopying Costs, #11 Exhibit K - Scientific References Invoices, #12 Exhibit L - ESI Invoices, #13 Exhibit M - Montior Invoice, #14 Exhibit N - Technological Support Invoices, #15 Exhibit O - Millennium Laboratories, Inc.'s Initial Disclosures) (Jones, David) Modified on 5/19/2015. (lak) Modified on 5/19/2015. (lak) |
Filing 460 Brief in Support of #459 Motion for Taxation of Costs by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Bill of Costs) (Jones, David) Modified on 5/19/2015. (lak) |
Filing 459 Motion for Taxation of Costs by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Response due 5/26/2015. (Jones, David) |
Filing 458 Declaration of Michael R. Osterhoff filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #457 Bill of Costs, (Sealed Document) (Attachments: #1 Exhibit A - Diversified Legal Services Invoice, #2 Exhibit B - Deposition Transcript Invoices, #3 Exhibit C - Court Reporter Invoices, #4 Exhibit D - Travel Expense Invoices, #5 Exhibit E - Travel Expense Invoices, #6 Exhibit F - Orsulak Travel Expense Invoices, #7 Exhibit G - Photocopying and Printing Invoices, #8 Exhibit H - In-house Photocopying Invoices, #9 Exhibit I - Perkins Coie Photocopying Costs, #10 Exhibit J - Photocopying Costs, #11 Exhibit K - Scientific References Invoices, #12 Exhibit L - ESI Invoices, #13 Exhibit M - Montior Invoice, #14 Exhibit N - Technological Support Invoices) (Jones, David) Modified on 5/19/2015. (lak) |
Filing 457 Bill of Costs by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 5/28/2015. Brief in Support to Bill of Costs due 6/8/2015. Brief in Reply in Opposition to Bill of Costs due 6/12/2015. (Jones, David) |
Filing 456 Redaction to #452 Brief in Support by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 455 ** TEXT ONLY ORDER ** The parties' stipulation for extension of time to file certain post-trial briefs identified in the stipulation (dkt. #454 ) is ACCEPTED. Plaintiffs' briefs on (1) motion for exception case under 35 U.S.C. 285; (2) motion for taxation of costs under 28 U.S.C. 1920; and (3) motion for enhanced damages under 35 U.S.C. 284, are due on or before May 18, 2015. Defendant's oppositions to these motions are due by June 10, 2015. Plaintiffs' replies are then due by June 23, 2015. Signed by District Judge William M. Conley on 5/11/2015. (voc) |
Filing 454 Stipulation for Extension of Time to File Post-Trial Briefing by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David |
Filing 453 Declaration of Michael R. Osterhoff filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #451 Motion for Permanent Injunction (Attachments: #1 Exhibit A - Proposed Permanent Injunction, #2 Exhibit B - 04/30/15 Declaration of M. Fileger, #3 Exhibit C - 04/30/15 Declaration of R. Craven, #4 Exhibit D - Webpage, #5 Exhibit E - Webpage, #6 Exhibit F - Objections and Responses of Millennium Health, LLC to Plaintiffs' 1st Set of Requests for Admission, #7 Exhibit G - 04/28/15 Letter from M. Osterhoff to S. Hollman, #8 Exhibit H - 05/08/15 Letter from S. Hollman to M. Osterhoff) (Jones, David) |
Filing 452 Brief in Support of #451 Motion for Permanent Injunction by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Jones, David) |
Filing 451 MOTION FOR PERMANENT INJUNCTION by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Set Briefing deadline as to #451 MOTION FOR PERMANENT INJUNCTION. Brief in Opposition due 5/22/2015. Brief in Reply due 5/29/2015. (voc) |
Briefing set re: Motion for exception case under 35 U.S.C. 285. Motion for taxation of costs and Motion for enhanced damages. Motions due 5/18/2015. Brief in Opposition due 6/10/2015. Brief in Reply due 6/23/2015. (voc) |
Filing 450 Notice by Defendant Millennium Health, LLC re : #449 Order on Motion to Stay. Cover letter to the Clerk with Bond. (Attachments: #1 Bond) (Gregor, Jennifer) Modified on 5/11/2015. (lak) |
Filing 449 ORDER re: #445 Motion to Stay Execution of Judgment. Based upon Millennium Health, LLC's ("Millennium") Unopposed Motion for Stay of Execution of Judgment Pending Appeal, IT IS HEREBY ORDERED that, conditioned upon and effective upon Millennium's posting of a $8,740,000 bond substantially in the form attached to this Order as Exhibit A, execution on the judgment entered by the Court on April 27, 2015 (Dkt. No. #441 ) (the "Judgment"), any attempt to execute on the Judgment, and any proceedings to enforce the Judgment's award of money damages in this matter are STAYED pending resolution of Millennium's appeal of the Judgment. Signed by District Judge William M. Conley on 5/6/2015. (voc) |
Filing 448 Transcript of Sixth Day of Jury Trial, held 4/20/2015 before Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Filing 447 Transcript of Seventh Day of Jury Trial, held 4/21/2015 before Judge William M. Conley. Court Reporter: l. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Filing 446 Transcript of Fifth Day of Jury Trial, held 4/17/2015 before District Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
Filing 445 Unopposed Motion to Stay Execution of Judgment Pending Appeal and for Approval of Amount and Form of Supersedeas Bond by Defendant Millennium Health, LLC. (Attachments: #1 Exhibit A - Form of Appeal Bond, #2 Text of Proposed Order - Order of Stay) (Gregor, Jennifer) Modified on 4/30/2015. (lak) |
Filing 444 Transcript of Fourth Day of Jury Trial, held 4/16/2015 before Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Filing 443 Transcript of Third Day of Jury Trial, held 4/15/2015 before Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Filing 442 ** TEXT ONLY ORDER ** The court having now entered judgment, any motions to be filed pursuant to Federal Rule of Civil Procedure 59 are due on or before May 22, 2015. Responses to those motions are due June 12, 2015; replies due June 22, 2015. Signed by District Judge William M. Conley on 4/27/2015. (voc) |
Filing 441 JUDGMENT in favor of Ameritox, Ltd., Marshfield Clinic, Inc. against Millennium Health, LLC in the amount of $ 8,652,760.00. (WMC /PAO). Signed by District Judge William M. Conley on 4/27/2015. (voc) |
Briefing set re: Motions pursuant to FRCP 59 Motions due 5/22/2015. Brief in Opposition due 6/12/2015. Brief in Reply due 6/22/2015. (voc) |
Filing 440 ORDER awarding partial judgment in favor of plaintiff Ameritox, Ltd. with respect to defendant Millenium Health, LLC's claim that U.S. Patent No. 7,585,680 is invalid under 35 U.S.C. 101. Signed by District Judge William M. Conley on 4/24/2015. (arw) |
Filing 439 Transcript of Second Day of Jury Trial, held 4/14/2015 before Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Filing 438 Transcript of First Day of Jury Trial, held 4/13/2015 before Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Filing 437 Deposition Excerpts by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc.. (Attachments: #1 H. Appel, #2 R. Bryan, #3 J. McEndree, #4 J. McEndree, #5 C. Mikel, #6 N. Nayak, #7 A. Pesce, #8 J. Slattery, #9 J. Strickland) (jat) |
Filing 436 Deposition Excerpts by Defendant Millennium Health, LLC. (Attachments: #1 K. Bronstein, #2 R. Howell, #3 R. Kellner, #4 A. Lopes, #5 J. McEndree, #6 L. Overstreet, #7 A. Pesce, #8 A. Pesce) (jat) |
Filing 435 Trial Exhibit 1699 by Defendant Millennium Health, LLC. (jat) |
Filing 434 Trial Exhibit 1698 by Defendant Millennium Health, LLC. (jat) |
Filing 433 Stipulation between Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc., Defendant Millennium Health, LLC. (jat) |
Filing 432 Jury Notes (jat) |
Filing 431 Advisory Jury Verdict- Willful Infringement (jat) |
Filing 430 Jury Verdict - Damages: Verdict returned in favor of Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. in the amount of $ 8,652,760 (jat) |
Filing 429 Minute Entry for proceedings held before District Judge William M. Conley: 7th Day Jury Trial held on 4/21/2015. Damages verdict returned in favor of Ameritox, Ltd., Marshfield Clinic, Inc. - Damages awarded in the amount of $ 8,652,760. [4:13] (Court Reporter LS.) (jat) |
Filing 428 Willful Infringement Jury Instructions. (jat) |
Filing 427 Closing Damages Jury Instructions. (jat) |
Filing 426 Introductory Damages Jury Instructions. (jat) |
Filing 425 Minute Entry for proceedings held before District Judge William M. Conley: 6th Day Jury Trial held on 4/20/2015. Trial continues. [7:56] (Court Reporter LS.) (jat) |
Set Trial Date: 7th Day Jury Trial set for 4/21/2015 at 08:30 AM (jat) |
Filing 423 Redaction to #421 Trial Brief by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 422 Response re: #420 Order, by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 421 Trial Brief - Proffer of Additional Evidence for the Third Phase of Trial by Defendant Millennium Health, LLC. (Sealed Document) (Hollman, Steven) Modified on 4/20/2015. (lak) |
Filing 424 Minute Entry for proceedings held before District Judge William M. Conley: 5th Day Jury Trial held on 4/17/2015. Trial continues. [7:10] (Court Reporter LS.) (jat) |
Filing 420 ORDER on willful infringement. The parties may submit a proffer of the additional evidence, if any, they seek to introduce in this third phase of trial by 5:00 p.m. on Sunday, April 19, 2015. Signed by District Judge William M. Conley on 4/17/2015. (mfh) |
Filing 419 ** TEXT ONLY ORDER ** Defendant Millennium Health, LLC's emergency motion to preclude the testimony of Robert Bennett (dkt. #415 ), is GRANTED for the reasons explained on the record. Signed by District Judge William M. Conley on 4/17/2015. (voc) Modified on 4/17/2015. (lak) |
Set/Reset Trial Date: 6th Day Jury Trial set for 4/20/2015 at 8:30 AM. (arw) |
Filing 418 Minute Entry for proceedings held before District Judge William M. Conley: 4th Day Jury Trial held on 4/16/2015. Trial continues. [7:30] (Court Reporter LS.) (jat) |
Filing 417 Redaction to #416 Declaration, by Defendant Millennium Health, LLC (Attachments: #1 Exhibit A - Ameritox's Responses to Millennium's Fourth Set of Requests for Production, #2 Exhibit B - Redacted, #3 Exhibit C - U.D. testing's July 11, 2014 Response to Millennium's first subpoena, #4 Exhibit D - U.D. Testing's November 25, 2014 response to Millennium's seocnd subpoena, #5 Exhibit E - Notice of subpoenas, #6 Exhibit F - redacted email from the process server, #7 Exhibit G - Plaintiff's supplemental rule 26(a)(1) disclosures, #8 Exhibit H - April 15, 2015, 5:34 p.m. email) (Hollman, Steven) Modified on 4/16/2015. (lak) |
Filing 416 Declaration of Robert B. Wolinsky filed by Defendant Millennium Health, LLC re: #415 Motion to Expedite (Sealed Document) (Attachments: #1 Exhibit A - Ameritox's Responses to Millennium's Fourth Set of Requests for Production, #2 Exhibit B - 02-28-2015 Ameritox Answers to Millennium Health's Fourth Set of Interrogatories, #3 Exhibit C - U.D. testing's July 11, 2014 Response to Millennium's first subpoena, #4 Exhibit D - U.D. Testing's November 25, 2014 response to Millennium's seocnd subpoena, #5 Exhibit E - Notice of subpoenas, #6 Exhibit F - redacted email from the process server, #7 Exhibit G - Plaintiff's supplemental rule 26(a)(1) disclosures, #8 Exhibit H - April 15, 2015, 5:34 p.m. email) (Hollman, Steven) Modified on 4/16/2015. (lak) |
Filing 415 Motion to Expedite - Emergency Motion to Preclude the Testimony of Robert Bennett by Defendant Millennium Health, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 4/23/2015. (Hollman, Steven) |
Set Hearings: Status Conference set for 4/17/2015 at 08:00 AM. (jat) |
Set Trial Date: 5th Day Jury Trial set for 4/17/2015 at 08:30 AM (jat) |
Filing 414 Jury Verdict - Liability: Verdict returned in favor of Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (jat) |
Filing 413 Minute Entry for proceedings held before District Judge William M. Conley: 3rd Day Jury Trial held on 4/15/2015. Liability verdict returned in favor of Ameritox, Ltd., Marshfield Clinic, Inc. - Trial continues. [4:34] (Court Reporter LS.) (jat) |
Filing 412 Deliberation Jury Instructions. (jat) |
Filing 411 Closing Liability Jury Instructions. (jat) |
Filing 410 Introductory Jury Instructions. (jat) |
Filing 409 ORDER re #397 Trial Brief - Millennium Health LLC's Supplemental Pretrial Submission in Support of Its Motion in Limine to Exclude Expert Testimony of Carl G. Degan. Signed by District Judge William M. Conley on 4/15/2015. (voc) |
Set Trial Date: 4th Day Jury Trial set for 4/16/2015 at 08:30 AM (jat) |
Set Hearings: Status Conference set for 4/16/2015 at 08:00 AM. (jat) |
Filing 408 Minute Entry for proceedings held before District Judge William M. Conley: 2nd Day Jury Trial held on 4/14/2015. Trial continues. [8:21] (Court Reporter LS.) (jat) |
Filing 407 ORDER re #389 Notice by Defendant Millennium Health, LLC Regarding Ameritox's Admissions From Prior Litigation Relevant to Commercial Success(Other), filed by Millennium Health, LLC. Signed by District Judge William M. Conley on 4/14/2015. (voc) |
Filing 406 Trial Brief in Support of Its Position that the Preston Article was Publicly Accessible Prior to the Asserted Priority Date by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 4/15/2015. (lak) |
Filing 405 Trial Brief re: Guidance to the Court on "Dissemination or Reasonably Accessible" Standard and Request to Preclude New Combinations by Plaintiff Ameritox, Ltd. (Jones, David) |
Set Trial Date: 3rd Day Jury Trial set for 4/15/2015 at 08:30 AM (jat) |
Filing 404 Minute Entry for proceedings held before District Judge William M. Conley: Jury Selection and First Day of Trial held on 4/13/2015. Trial continues. [7:33] (Court Reporter LS.) (jat) |
Set Trial Date: 2nd Day Jury Trial set for 4/14/2015 at 08:30 AM (jat) |
Filing 403 Trial Brief - Plaintiffs' Response to Millennium Health LLC's Supplemental Pretrial Submission Regarding Instructing the Jury as to Infringement Finding #393 by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 402 Trial Brief - Plaintiffs' Response to Millennium Health LLC's Supplemental Pretrial Submission Regarding Submitting Factual Disputes Underlying Patentable Subject Matter to the Jury #392 by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 401 Trial Brief - Defendant/Counterclaimant Millennium Health, LLC's Response to Plaitniffs' Omnibus Pretrial Submission #394 by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 400 Trial Brief - Plaintiffs' Response to Millennium Health LLC's Supplemental Pretrial Submission In Support of Its Motion In Limine to Exclude Expert Testimony of Carl Degen #397 by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 399 Trial Brief - Plaintiffs' Response to Millennium Health LLC's Supplemental Pretrial Submission Regarding Willfulness #396 by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 398 Trial Brief - Plaintiffs' Response to Millenniuim Health LLC's Supplemental Pretrial Submission In Support of Proposed Jury Instruction Regarding Anticipation, ECF No. 395, by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 397 Trial Brief - Millennium Health LLC's Supplemental Pretrial Submission in Support of Its Motion in Limine to Exclude Expert Testimony of Carl G. Degan by Defendant Millennium Health, LLC. (Sealed Document) (Hollman, Steven) |
Filing 396 Trial Brief - Millennium Health, LLC's Supplemental Pretrial Submisison Regarding Willfulness by Defendant Millennium Health, LLC (Attachments: #1 Exhibit A - Willfulness Jury Instructions) (Hollman, Steven) |
Filing 395 Trial Brief - Millennium Health, LLC's Supplemental Pretrial Submission in Support of Proposed Jury Instruction Regarding Anticipation by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 394 Trial Brief - Plaintiffs' Pretrial Submission In Light of Final Pretrial Conference by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 393 Trial Brief - Defendant/Counterclaimant Millennium Health, LLC's Supplemental Pretrial Submission Regarding Instructing the Jury as to Infringement Finding by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 392 Trial Brief - Millennium Health LLC's Supplemental Pretrial Submission in Support of its Position that Factual Disputes Underlying Patentable Subject Matter Should be Submitted to the Jury by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 391 Transcript of Continued Final Hearing, held 4/9/2015 before Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Set Status Conference: Status Conference set for 4/13/2015 at 08:30 AM. (voc) |
Filing 390 Response re: #380 Order on Motions, Order on Motions in Limine Regarding Proposed Statement to Jury by Plaintiff Ameritox, Ltd. (Jones, David) Modified on 4/10/2015. (lak) |
Filing 389 Notice by Defendant Millennium Health, LLC Regarding Ameritox's Admissions From Prior Litigation Relevant to Commercial Success. (Sealed Document) (Attachments: #1 Exhibit A - District of Maryland Dkt. No. 180 False Ad Case Order) (Hollman, Steven) Modified on 4/10/2015. (lak) |
Filing 388 ORDER on deposition designations for Howard Apple. Signed by District Judge William M. Conley on 4/9/2015. (voc) |
Filing 387 Minute Entry for proceedings held before District Judge William M. Conley: Final Pretrial Conference (Day 2) held on 4/9/2015. [2:08] (Court Reporter LS.) (jat) |
Filing 386 Exhibit List (Third Amended) by Defendant Millennium Health, LLC. (Sealed Document) (Attachments: #1 Exhibit A - Third Amended Trial Exhibit List) (Hollman, Steven) Modified on 4/9/2015. (lak) |
Filing 385 Transcript of Final Hearing, held 4/7/2015 before Judge William M. Conley. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (voc) |
Filing 384 Minute Entry for proceedings held before District Judge William M. Conley: Final Pretrial Conference held on 4/7/2015. Trial predicted to last 5-8 days. 14 jurors will be called forward. 8 jurors will be empaneled. [3:26]Attention: In the event of a settlement of this matter over the weekend, counsel are advised to contact the Clerk of Court at (608) 287-4875 or the Chief Deputy Clerk at (608) 354-8004. (Court Reporter LS.) (jat) |
Filing 383 Exhibit List (Second Amended) by Defendant Millennium Health, LLC. (Sealed Document) (Attachments: #1 Exhibit A - Second Amended Trial Exhibit List) (Hollman, Steven) Modified on 4/9/2015: See #386 for Third Amended Exhibit List. (lak) |
Filing 382 Exhibit List (Third Amended) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) Modified on 4/8/2015. (lak) |
Filing 381 Amended Witness List by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Set Hearings: Final Pretrial Conference continued to 4/9/2015 at 02:00 PM. Parties to notify the Court if telephonic hearing preferred. (jat) |
Filing 380 ORDER granting #374 Joint Request For Expedited Guidance on Order of Proofs at Trial; denying #246 Motion to exclude testimony of Alan H. Wu, Ph.D.; denying #274 Motion to exclude the expert testimony of Richard F. Bero; reserving on #276 Motion in Limine to exclude improper testimony regarding the U.D. Testing License; denying #277 Plaintiffs' Motion in Limine 1; granting in part and denying in part #278 Motion in Limine to exclude evidence directed to claimed willful infringement; granting in part and denying in part #279 Plaintiffs' Motion in Limine 2; granting in part and denying in part #280 Plaintiffs' Motion in Limine 3; granting in part and denying in part #281 Plaintiffs' Motion in Limine 4; denying #282 Plaintiffs' Motion in Limine 5; granting #283 Motion in Limine to preclude certain expert testimony of Dr. Paul J. Orsulak; denying #285 Plaintiffs' Motion in Limine 6; granting in part and denying in part #286 Plaintiffs' Motion in Limine 7; granting in part and denying in part #287 Plaintiffs' Motion in Limine 8; denying #291 Plaintiffs' Motion in Limine 9; denying #292 Plaintiffs' Motion in Limine 10; granting as unopposed #293 Plaintiffs' Motion in Limine 11; denying #294 Plaintiffs' Motion in Limine 12; granting #295 Plaintiffs' Motion in Limine 13; denying #296 Plaintiffs' Motion in Limine 14; granting as unopposed #300 Motion in Limine to exclude evidence or testimony regarding irrelevant litigation and financial information; denying #303 Motion in Limine to exclude testimony of Carl G. Degen. Whether by phone or in person, the parties shall meet in good faith no later than 5 p.m. on Monday, April 6, 2015, to confer and pare down their exhibit lists further. The parties shall then submit no later than noon on Tuesday, April 7th, revised exhibit lists reflecting exhibits they may actually seek to have admitted at trial and any remaining objections to those exhibits in a form required by this court. Signed by District Judge William M. Conley on 4/3/15. (jat) |
Filing 379 Notice by Counter Defendant Ameritox, Ltd., Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. of Plaintiffs' Objection re: #377 Notice Concerning Proposal for Trial Exhibit Objections. (Jones, David) Modified on 4/6/2015. (lak) |
Filing 378 Exhibit List (Second Amended) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) Modified on 4/8/2015: See #382 for Third Amended Exhibit List. (lak) |
Filing 377 Notice by Defendant Millennium Health, LLC Concerning Proposal for Trial Exhibit Objections. (Hollman, Steven) Modified on 4/3/2015. (lak) |
Filing 376 Exhibit List by Defendant Millennium Health, LLC. (Sealed Document) (Attachments: #1 Exhibit A - First Amended Trial Exhibit List) (Hollman, Steven) Modified on 4/8/2015: See #383 for Second Amended Exhibit List. (lak) |
Filing 375 Corrected Deposition Designations, Objections and Counter-Deposition Designations, by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 374 Joint Request For Expedited Guidance on Order of Proofs at Trial by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 4/1/2015. (lak) |
Filing 373 First Supplemental Exhibit List by Defendant Millennium Health, LLC. (Attachments: #1 Exhibit A - Supplemental Trial Exhibit List) (Hollman, Steven) Modified on 3/27/2015. (lak) |
Filing 372 First Amended Witness List by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/25/2015. (lak) |
Filing 371 Redaction to #337 Brief in Opposition to Plaintiffs' Eleventh Motion in Limine by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 370 Redaction to #335 Brief in Opposition to Plaintiffs' Ninth Motion in Limine by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 369 Redaction to #334 Brief in Opposition to Plaintiffs' Eighth Motion in Limine by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 368 Redaction to #349 Brief in Opposition to Plaintiffs' Fourth Motion in Limine by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 367 Redaction to #338 Brief in Opposition to Plaintiffs' Fourteenth Motion in Limine by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 366 Redaction to #354 Brief in Opposition by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 365 Redaction to #351 Brief in Opposition to Plaintiffs' Motion to Exclude Defendant's Expert Alan H. Wu, Ph.D. by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 364 Redaction to #330 Brief in Opposition to Plaintiffs' Second Motion in Limine by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 363 Redaction to #360 Declaration of Rebecca Mandel by Defendant Millennium Health, LLC, (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Redacted, #4 Exhibit 4 - USPN 7,585,680 cert copy, #5 Exhibit 5 - Resp. to Office Action in Reexam of USPN 7,585,680, #6 Exhibit 6 - Redacted, #7 Exhibit 7 - D's Supp. Initial Disclosures, #8 Exhibit 8 - Redacted, #9 Exhibit 9 - D's Resp to Ameritox Third Set of Rogs, #10 Exhibit 10 - Millennium's Invalidity/Unenforceability Contentions March 3, 2014 with Exhibits, #11 Exhibit 11 - Ameritox Third Set of Rogs, #12 Exhibit 12 - Redacted, #13 Exhibit 13 - Ameritox's Second Supp. Resp. to Millennium Rog. 4, #14 Exhibit 14 - Ameritox Resp. to Millennium MIL to Exclude Certain Matters in M.D. Fla, #15 Exhibit 15 - Millennium Initial Discl. of Invalidity Contentions Feb. 29, 2012, #16 Exhibit 16 - Ameritox Supp. Resp. to Mill. Rog. 4, June 24, 2014, #17 Exhibit 17 - Second Amended Verified Complaint in False Ad Case, #18 Exhibit 18 - Redacted, #19 Exhibit 19 - Mandel to Marchuk email March 16, 2015, #20 Exhibit 20 - Redacted, #21 Exhibit 21 - Redacted, #22 Exhibit 22 - Redacted) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 362 Redaction to #341 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 361 Redaction to #350 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 359 Redaction to #352 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 360 Declaration of Rebecca Mandel filed by Defendant Millennium Health, LLC re: #287 Motion in Limine, #281 Motion in Limine, #294 Motion in Limine, #280 Motion in Limine, #292 Motion in Limine, #286 Motion in Limine, #291 Motion in Limine, #285 Motion in Limine, #293 Motion in Limine, #296 Motion in Limine, #282 Motion in Limine, #279 Motion in Limine, #277 Motion in Limine, #295 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit 1 - AMER0351627-28, #2 Exhibit 2 - BAIN PROPILL00001-79, #3 Exhibit 3 - Four invoices, #4 Exhibit 4 - USPN 7,585,680 cert copy, #5 Exhibit 5 - Resp. to Office Action in Reexam of USPN 7,585,680, #6 Exhibit 6 - Aff. and Article ML_PATENT 0026182-95, #7 Exhibit 7 - D's Supp. Initial Disclsoures, #8 Exhibit 8 - March 16, 2015 Ltr from Wollinsky, #9 Exhibit 9 - D's Resp to Ameritox Third Set of Rogs, #10 Exhibit 10 - Millennium's Invalidity/Unenforceability Contentions March 3, 2014 with Exhs, #11 Exhibit 11 - Ameritox Third Set of Rogs, #12 Exhibit 12 - ML_PATENT 0026256_001, #13 Exhibit 13 - Ameritox's Second Supp. Resp. to Millennium Rog. 4, #14 Exhibit 14 - Ameritox Resp. to Millennium MIL to Exclude Certain Matters in M.D. Fla., #15 Exhibit 15 - Millennium Initial Discl. of Invalidity Contentions Feb. 29, 2012, #16 Exhibit 16 - Ameritox Supp. Resp. to Mill. Rog. 4, June 24, 2014, #17 Exhibit 17 - Second Amended Verified Complaint in False Ad Case, #18 Exhibit 18 - ML_PATENT 0011296-98, #19 Exhibit 19 - Mandel to Marchuk email March 16, 2015, #20 Exhibit 20 - Millennium's Obj. and Resp to Ameritox Sixth Set of Rogs, #21 Exhibit 21 - Ameritox Resp to Millennium's First Set of Rogs in False Ad Case, #22 Exhibit 22 - R. Bruce Den Uyl Report in False Ad Case) (Hollman, Steven) |
Filing 358 Redaction to #357 Objections to Trial Exhibits by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Attachments: #1 Exhibit A - Redacted) (Jones, David) |
Filing 357 Objections to Trial Exhibits by Plaintiff Marshfield Clinic, Inc., Counter Claimant Millennium Health, LLC. (Sealed Document) (Attachments: #1 Exhibit A - Millennium Health, LLC's Trial Exhibit List) (Jones, David) |
Filing 356 Response to Proposed Liability and Damages Jury Instructions, Special Verdict Forms and Voir Dire by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 355 Objections to #267 Proposed Special Verdict, #304 Proposed Jury Instructions, #268 Proposed Special Verdict by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 354 Brief in Opposition by Defendant Millennium Health, LLC re: #295 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc., #274 Motion to Exclude The Expert Testimony of Richard F. Bero, CPA, CVA filed by Ameritox, Ltd., Marshfield Clinic, Inc., #294 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 353 Objections to Trial Exhibits by Defendant Millennium Health, LLC. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 352 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #276 Motion in Limine filed by Millennium Health, LLC. (Sealed Document) (Jones, David) |
Filing 351 Brief in Opposition by Defendant Millennium Health, LLC re: #246 Motion to Exclude Millennium Health LLC's Expert, Alan H. Wu, Ph.D., filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 350 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #303 Motion in Limine filed by Millennium Health, LLC. (Sealed Document) (Jones, David) |
Filing 349 Brief in Opposition by Defendant Millennium Health, LLC re: #281 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 348 Redaction to #343 Declaration of Mark T. Smith by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Florida Litigation Trial Exhibit JX484, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted) (Jones, David) Modified on 3/23/2015. (lak) |
Filing 347 Brief in Opposition by Defendant Millennium Health, LLC re: #286 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 346 Objection to Rule 26(a)(3) Designations by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 345 Notice by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #264 Witness List. Plaintiffs' Objections to Millennium Health, LLC's Witness List. (Jones, David) |
Filing 344 Objections to #265 Proposed Voir Dire by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 343 Declaration of Mark T. Smith in opposition re: #300 Motion in Limine to Exclude Evidence or Testimony Regarding Irrelevant Litigation and Financial Information, (Sealed Document) (Attachments: #1 Exhibit A - March 2013 Millennium Confidential Information Memorandum, #2 Exhibit B-1 - March 31, 2014 Millennium Confidential Information Memorandum, #3 Exhibit B-2 - March 31, 2014 Millennium Confidential Information Memorandum, #4 Exhibit C - Florida Litigation Trial Exhibit JX484, #5 Exhibit D - February 23, 2006 Ameritox Board of Directors Meeting, #6 Exhibit E - February 14, 2011 Ameritox 2011 Budget) (Jones, David) Modified on 3/23/2015 to link to the pending motion instead of the brief in opposition. (lak) |
Filing 342 Objection to Rule 26(a)(3) Designations by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 341 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #300 Motion in Limine filed by Millennium Health, LLC. (Sealed Document) (Jones, David) |
Filing 340 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #283 Motion in Limine filed by Millennium Health, LLC. (Jones, David) |
Filing 339 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #278 Motion in Limine filed by Millennium Health, LLC. (Jones, David) |
Filing 338 Brief in Opposition by Defendant Millennium Health, LLC re: #296 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 337 Brief in Opposition by Defendant Millennium Health, LLC re: #293 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 336 Brief in Opposition by Defendant Millennium Health, LLC re: #292 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 335 Brief in Opposition by Defendant Millennium Health, LLC re: #291 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 334 Brief in Opposition by Defendant Millennium Health, LLC re: #287 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 333 Brief in Opposition by Defendant Millennium Health, LLC re: #285 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 332 Brief in Opposition by Defendant Millennium Health, LLC re: #282 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 331 Brief in Opposition by Defendant Millennium Health, LLC re: #280 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 330 Brief in Opposition by Defendant Millennium Health, LLC re: #279 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 329 Brief in Opposition by Defendant Millennium Health, LLC re: #277 Motion in Limine filed by Ameritox, Ltd., Marshfield Clinic, Inc. (Hollman, Steven) Modified on 3/23/2015. (lak) |
Filing 328 Corrected Deposition Designations by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 327 ORDER denying #220 Motion for Reconsideration or, in the Alternative, Certification for Interlocutory Appeal and Stay of Proceedings Pending Appeal. Signed by District Judge William M. Conley on 3/19/2015. (voc) |
Filing 326 Amended Exhibit List by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) Modified on 4/6/2015: See #378 for Second Amended Trial Exhibit List. (lak) |
Filing 325 Notice by Defendant Millennium Health, LLC re: #220 Motion for Reconsideration or, in the Alternative, Certification for Interlocutory Appeal and Stay of Proceedings Pending Appeal re: #215 Order on Motion for Summary Judgment, Order on Motion for Leave to File. (Sealed Document) Notice Regarding Revised RADAR Report. (Attachments: #1 Revised RADAR Report) (Hollman, Steven) Modified on 3/16/2015. (lak) |
Filing 324 Deposition of Howard Appel taken on 11/11/2011. (Sealed Document) (Jones, David) |
Filing 323 Brief in Opposition by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #220 Motion for Reconsideration, filed by Millennium Health, LLC. (Jones, David) |
Reset Hearing: Final Pretrial Conference rescheduled from 3/31/2015 to 4/7/2015 at 01:30 PM. (voc) |
Filing 322 ** TEXT ONLY ORDER ** Defendant Millennium Health, LLC's unopposed motion for extension of time to respond to two Daubert motions (dkt. #321 ) is GRANTED. Defendant's responses to plaintiff's motions to exclude Millennium's experts Alan H. Wu, Ph.D. (dkt. #246 ) and Richard F. Bero (dkt. #274 ) are now due March 20, 2015. Brief in Opposition due 3/20/2015. Signed by District Judge William M. Conley on 3/11/2015. (voc) |
Filing 321 Unopposed Motion for Extension of Time to Respond to Dkt. Nos. 246 and 274 and to Consolidate Pretrial Motion Deadlines by Defendant Millennium Health, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Gregor, Jennifer) Modified on 3/12/2015. (lak) |
Filing 320 Redaction to #299 Exhibit List by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 319 Redaction to #306 Declaration of Rebecca Mandel by Defendant Millennium Health, LLC (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Supplemental Rule 26(a)(1) Disclosures, #4 Exhibit 4 - Ameritox's Objections and Responses to Millennium's Rule 30(b)(6) Notice of Deposition and Topics, #5 Exhibit 5 - Redacted, #6 Exhibit 6 - MILLENNIUM-00090798-807, #7 Exhibit 7 - Redacted, #8 Exhibit 8 - Redacted, #9 Exhibit 9 - Supplemental Expert Report of Dr. Robin Cantor, #10 Exhibit 10 - Corporate Integrity Agreement) (Hollman, Steven) Modified on 3/9/2015. (lak) |
Filing 318 Redaction to #303 Motion in Limine to Exclude Expert Testimony of Carl G. Degen (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 317 Redaction to #300 Motion in Limine to Exclude Evidence or Testimony Regarding Irrelevant Litigation and Financial Information (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 316 Redaction to #283 Motion in Limine to Preclude Certain Expert Testimony of Dr. Paul J. Orsulak (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/9/2015. (lak) |
Filing 315 Redaction to #276 Motion in Limine to Exclude Improper Testimony Regarding the U.D. Testing License (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/9/2015. (lak) |
Filing 314 Redaction to #275 Brief in Support, by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 313 Redaction to #307 Declaration of Mark T. Smith by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Attachments: #1 Exhibit A - 03/03/15 Email from R. Mandel, #2 Exhibit B - Millennium's Invalidity Contentions, #3 Exhibit C - Millennium Responses to Ameritox's RFA, #4 Exhibit 05/23/11 Email from M. Price, #5 Exhibit E - Copy of Preston, #6 Exhibit F - Copy of Preson, #7 Exhibit G - T. Fenton Affidavit, #8 Exhibit H - Millennium's Supplemental Answer to Interrogatory No. 14,, #9 Exhibit I - Millennium's Answers to Sixth Set of Interrogatories, #10 Exhibit Millennium's Supplemental Answer to Interrogatory No. 7, #11 Exhibit K - JX112 from Florida Litigation, #12 Exhibit L - JX12 from Florida Litigation, #13 Exhibit M - JX223 from Florida Litigation, #14 Exhibit N - JX150 from Florida Litigation, #15 Exhibit O - Millennium Test Drive Data, #16 Exhibit P - Millennium Answers to Fifth Set of Interrogatories, #17 Exhibit Q - 06/09/14 Trial Transcript PM Session from Florida Litigation) (Jones, David) Modified on 3/9/2015. (lak) |
Filing 312 Redaction to #296 Motion in Limine #14 - To Exclude Test Drive Data (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 311 Redaction to #294 Motion in Limine #12 - To Exclude Evidence Concerning Georgia-Pacific Factor 8 (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 310 Redaction to #291 Motion in Limine #9 - To Exclude Evidence That Millennium Customers Opt Out Of Graphed Results (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 309 Redaction to #282 Motion in Limine #5 - To Exclude Preston as Prior Art (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 308 Redaction to #280 Motion in Limine #3 - To Exclude An Advice Of Counsel Defense (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 307 Declaration of Mark T. Smith filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #287 Motion in Limine, #281 Motion in Limine, #294 Motion in Limine, #280 Motion in Limine, #292 Motion in Limine, #286 Motion in Limine, #291 Motion in Limine, #285 Motion in Limine, #293 Motion in Limine, #296 Motion in Limine, #282 Motion in Limine, #279 Motion in Limine, #277 Motion in Limine, #295 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit A - 03/03/15 Email from R. Mandel, #2 Exhibit B - Millennium's Invalidity Contentions, #3 Exhibit C - Millennium Responses to Ameritox's RFA, #4 Exhibit D - 05/23/11 Email from M. Price, #5 Exhibit E - Copy of Preston, #6 Exhibit F - Copy of Preson, #7 Exhibit G - T. Fenton Affidavit, #8 Exhibit H - Millennium's Supplemental Answer to Interrogatory No. 14, #9 Exhibit I - Millennium's Answers to Sixth Set of Interrogatories, #10 Exhibit J - Millennium's Supplemental Answer to Interrogatory No. 7, #11 Exhibit K - JX112 from Florida Litigation, #12 Exhibit L - JX12 from Florida Litigation, #13 Exhibit M - JX223 from Florida Litigation, #14 Exhibit N - JX150 from Florida Litigation, #15 Exhibit O - Millennium Test Drive Data, #16 Exhibit P - Millennium Answers to Fifth Set of Interrogatories, #17 Exhibit Q - 06/09/14 Trial Transcript PM Session from Florida Litigation) (Jones, David) Modified on 3/9/2015. (lak) |
Filing 306 Declaration of Rebecca Mandel filed by Defendant Millennium Health, LLC re: #300 Motion in Limine, #278 Motion in Limine, #283 Motion in Limine, #276 Motion in Limine, #303 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit 1 - License agreement dated, #2 Exhibit 2 - Bates number ATX-WI-0046232, #3 Exhibit 3 - Supplemental Rule 26(a)(1) Disclosures, #4 Exhibit 4 - Ameritox's Objections and Responses to Millennium's Rule 30(b)(6) Notice of Deposition and Topics, #5 Exhibit 5 - Ameritox's Supplemental Answers to Millennium's Interrogatories Nos. 1, 7, and 10, #6 Exhibit 6 - MILLENNIUM-00090798-807, #7 Exhibit 7 - August 6, 2009 email and Attachment, , #8 Exhibit 8 - Millennium's Supplemental Answer to Ameritox's Interrogatory No.7, #9 Exhibit 9 - Supplemental Expert Report of Dr. Robin Cantor, #10 Exhibit 10 - Corporate Integrity Agreement) (Gregor, Jennifer) Modified on 3/9/2015 (voc). |
Filing 305 Memorandum in Support of Proposed Jury Instructions and Special Verdict Forms by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 304 Proposed Jury Instructions - Liability and Damages by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 303 Motion in Limine to Exclude Expert Testimony of Carl G. Degen (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 302 Notice by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Expert Narrative of Dr. Paul J. Orsulak. (Jones, David) |
Filing 301 Notice by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Expert Narrative of Carl G. Degen. (Jones, David) |
Filing 300 Motion in Limine to Exclude Evidence or Testimony Regarding Irrelevant Litigation and Financial Information (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 299 Exhibit List by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Jones, David) Modified on 4/3/2015: See #378 for Second Amended Exhibit List. (lak) |
Filing 298 Memorandum in Support of #271 Proposed Special Verdict, #272 Proposed Special Verdict, #289 Proposed Jury Instructions, #290 Proposed Jury Instructions by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 297 Exhibit List by Defendant Millennium Health, LLC. (Sealed Document) (Attachments: #1 Exhibit A - Millennium Health, LLC's Trial Exhibit List) (Hollman, Steven) Modified on 4/3/2015: See #376 for First Amended Exhibit List. (lak) |
Filing 296 Motion in Limine #14 - To Exclude Test Drive Data (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 295 Motion in Limine #13 - To Exclude Evidence Of Commercial Success During Liability Phase by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 294 Motion in Limine #12 - To Exclude Evidence Concerning Georgia-Pacific Factor 8 (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 293 Motion in Limine #11 - To Exclude Evidence Concerning Ameritox's Inventors by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 292 Motion in Limine #10 - To Exclude Evidence That Other Companies Do Not Infringe by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 291 Motion in Limine #9 - To Exclude Evidence That Millennium Customers Opt Out Of Graphed Results (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 290 Proposed Jury Instructions - Liability and Damages (Additional Closing Jury Instructions) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 289 Proposed Jury Instructions - Liability and Damages (Additional Preliminary Jury Instructions) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 288 Deposition Designations by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/20/2015: See #328 for Corrected Deposition Designations. (lak) |
Filing 287 Motion in Limine #8 - To Exclude Evidence Of Alleged Non-Infringing Substitute and Revised Report by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 286 Motion in Limine #7 - To Exclude Certain Evidence In Defense Of Willfulness by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 285 Motion in Limine #6 - To Exclude The George, Preston, and Kell References (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 284 Declaration of Michael E. M. Larson, Ph.D. filed by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. re: #282 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit A - Marshfield Clinic Confidential Invention Disclosure, #2 Exhibit B - Opioid Urine Drug Screens Using Urine Creatinine Levels to Improve Accuracy, #3 Exhibit C - 05/22/03 Email from M. Larson re Clarification) (Jones, David) |
Filing 283 Motion in Limine to Preclude Certain Expert Testimony of Dr. Paul J. Orsulak (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/9/2015. (lak) |
Filing 282 Motion in Limine #5 - To Exclude Preston as Prior Art (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 281 Motion in Limine #4 - To Exclude Evidence Concerning Prior Litigations by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 280 Motion in Limine #3 - To Exclude An Advice Of Counsel Defense (Sealed Document) by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 279 Motion in Limine #2 - To Exclude Arguments Contrary To The Court's Claim Construction by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc.. (Jones, David) |
Filing 278 Motion in Limine to Exclude Evidence Directed to Claimed Willful Infringement by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/9/2015. (lak) |
Filing 277 Motion in Limine #1 - To Exclude Evidence Concerning Certain Defenses by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc.. (Jones, David) |
Filing 276 Motion in Limine to Exclude Improper Testimony Regarding the U.D. Testing License (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/9/2015. (lak) Modified on 4/15/2015 (voc/bw). |
Filing 275 Brief in Support of #274 Motion to Exclude The Expert Testimony of Richard F. Bero, CPA, CVA Proffered by Millennium Health, LLC by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Exclusive License Agreement by and between U.D. Testing, Inc. and Ameritox, Ltd., #2 Exhibit B - 01/05/10 Email from V. Nguyen to T. Gardner, #3 Exhibit C - 05/27/11 Email from K. Mason to A. Lopes, #4 Exhibit D - Objections and Answers of Millennium Health, LLC to Ameritox, Ltd.'s Sixth Set of Interrogatories) (Jones, David) Modified on 3/9/2015. (lak) |
Filing 274 Motion to Exclude The Expert Testimony of Richard F. Bero, CPA, CVA Proffered by Millennium Heath, LLC by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Response due 3/13/2015. (Jones, David) |
Filing 273 Deposition of Roger Bertholf taken on 02/11/2015. (Sealed Document) (Jones, David) |
Filing 272 Proposed Special Verdict - Damages by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 271 Proposed Special Verdict - Liability by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 270 Notice by Defendant Millennium Health, LLC - Millennium's Narrative of Background of Expert Alan H. Wu Ph.D. (Hollman, Steven) |
Filing 269 Notice by Defendant Millennium Health, LLC - Millennium's Narrative of Background of Expert Roger L. Bertholf PH.D. (Hollman, Steven) |
Filing 268 Proposed Special Verdict - Liability by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 267 Proposed Special Verdict - Damages by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 266 Notice by Defendant Millennium Health, LLC - Millennium's Narrative of Background of Expert Richard F. Bero, CPA, CVA. (Hollman, Steven) |
Filing 265 Proposed Voir Dire by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 264 Witness List by Defendant Millennium Health, LLC. (Hollman, Steven) Modified on 3/25/2015: See #372 for First Amended Witness List. (lak) |
Filing 263 Expert Report of Richard F. Bero by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Millennium RADAR Report, #2 Exhibit B - Millennium RADAR Report, #3 Exhibit C - Attachment 1 - Data and Other Information Considered, #4 Exhibit D - Attachment 2 - CV of R. Bero) (Jones, David) |
Filing 262 Witness List by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) Modified on 4/8/2015: See #381 for Amended Witness List. (lak) |
Filing 261 Deposition Designations by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 260 Deposition of James M. Slattery taken on 12/01/2011. (Sealed Document) (Jones, David) |
Filing 259 Deposition of Elizabeth Peacock taken on 11/11/2011. (Sealed Document) (Jones, David) |
Filing 258 Deposition of Elizabeth Peacock taken on 05/25/2011. (Sealed Document) (Jones, David) |
Filing 257 Proposed Voir Dire by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 256 OPINION AND ORDER: Partial summary judgment is AWARDED in plaintiff's favor with respect to its claim that Millennium infringed claims 1, 2, 4-7, 10 and 16-18 of the '680 patent. Signed by District Judge William M. Conley on 3/6/15. (jat) |
Filing 255 Redaction to #247 Brief in Support to Exclude Millennium Health LLC's Expert, Alan H. Wu, Ph.D. by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Jones, David) |
Filing 254 Deposition of Jay Zimmerman taken on 12/17/2014. (Sealed Document) (Gregor, Jennifer) |
Filing 253 Deposition of Lynn Webster, M.D. taken on 11/21/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 252 Deposition of Richard C. Howell taken on 12/1/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 251 Deposition of Richard F. Bero taken on 02/27/2015. (Sealed Document) (Jones, David) |
Filing 250 Deposition of Renee Bryan taken on 5/26/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 249 Deposition of Lori Overstreet taken on 11/17/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 248 Deposition of Ancelmo Edward Lopes taken on 11/15/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 247 Brief in Support of #246 Motion to Exclude Millennium Health LLC's Expert, Alan H. Wu, Ph.D. by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. (Sealed Document) (Jones, David) Modified on 3/9/2015. (lak) |
Filing 246 Motion to Exclude Millennium Health LLC's Expert, Alan H. Wu, Ph.D. by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Response due 3/13/2015. (Jones, David) |
Filing 245 Deposition of Ariel Linden, DrPH taken on 11/22/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 244 Deposition of Russell S. Kellner taken on 11/22/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 243 Deposition of Kathryn Bronstein, Ph.D., RN taken on 12/11/2014. (Sealed Document) (Gregor, Jennifer) |
Filing 242 Deposition of John E. Miliyakal, Ph.D. taken on 1/23/2015. (Sealed Document) (Gregor, Jennifer) |
Filing 241 Deposition of R. Bruce Den Uyl taken on 2/9/2012. (Sealed Document) (Gregor, Jennifer) |
Filing 240 Deposition of Richard Berg taken on 7/30/2014. (Sealed Document) (Gregor, Jennifer) |
Filing 239 Deposition of Marsha Barwick taken on 2/12/2015. (Sealed Document) (Gregor, Jennifer) |
Filing 238 Deposition of Marsha Barwick taken on 1/22/2015. (Sealed Document) (Gregor, Jennifer) |
Filing 237 Expert Report of Richard F. Bero by Plaintiff Ameritox, Ltd. (Sealed Document) (Attachments: #1 Exhibit A - Millennium RADAR Report, #2 Exhibit B - Millennium RADAR Report, #3 Exhibit C - All Schedules, #4 Exhibit D - Attachment 1 - Data and Other Information Considered, #5 Exhibit E - Attachment 2 - Marshfield License, #6 Exhibit F - Appendix 1 - Market Competitors, #7 Exhibit G - Appendix 2 - Marshfield License, #8 Exhibit H - Appendix 3 - Ameritox Salesforce Data Comments, #9 Exhibit I - Appendix 4 - Millennium Test Drive Data Comments, #10 Exhibit J - Millennium's Three Marketing Themes) (Jones, David) |
Filing 236 Deposition of Joel McEndree taken on 2-4-2015. (Sealed Document) (Gregor, Jennifer) |
Filing 235 Deposition of Todd Gardner taken on 11-18-2011. (Sealed Document) (Gregor, Jennifer) |
Filing 234 Deposition of Carl George Degen taken on 2-25-2015. (Sealed Document) (Gregor, Jennifer) |
Filing 233 Deposition of Harry L. Leider, MD taken on 2-11-2015. (Sealed Document) (Gregor, Jennifer) |
Filing 232 Deposition of Todd David Gardner taken on 2-6-2015. (Sealed Document) (Gregor, Jennifer) |
Filing 231 Deposition of Nikhil Nayak taken on 01/22/2015. (Sealed Document) (Jones, David) |
Filing 230 Deposition of Diane Hancock taken on 01/22/2015. (Sealed Document) (Jones, David) |
Filing 229 Deposition of Kathy Egan City taken on 02/25/2015. (Sealed Document) (Jones, David) |
Filing 228 Deposition of Renee Bryan taken on 02/18/2015. (Sealed Document) (Jones, David) |
Filing 227 ** TEXT ONLY ORDER **ORDER granting #226 Unopposed Motion for Extension of Time by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Brief in Opposition re: #220 Motion for Reconsideration due 3/12/2015. Signed by District Judge William M. Conley on 3/4/2015. (arw) |
Filing 226 Unopposed Motion for Extension of Time by Plaintiffs Ameritox, Ltd., Marshfield Clinic, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Jones, David) |
Filing 225 ** TEXT ONLY ORDER **ORDER granting #224 Motion to Admit Patrick M. Collins Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 3/3/2015. (lak) |
Filing 224 Motion to Admit Patrick M. Collins Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1511205.) by Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd. Motions referred to Magistrate Judge Stephen L. Crocker. (Collins, Patrick) |
Filing 223 Redaction to #221 Declaration, by Defendant Millennium Health, LLC, (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted) (Hollman, Steven) |
Filing 222 Redaction to #220 Motion for Reconsideration or, in the Alternative, Certification for Interlocutory Appeal and Stay of Proceedings Pending Appeal re: #215 Order on Motion for Summary Judgment, Order on Motion for Leave to File, (Sealed Document) by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 221 Declaration of Rebecca C. Mandel filed by Defendant Millennium Health, LLC re: #220 Motion for Reconsideration, (Sealed Document) (Attachments: #1 Exhibit 1 - "Evidence-Based Medicine and Selling Science" dated April 2009, #2 Exhibit 2 - "Project Pill, Scientific Advisory Board Discussions") (Hollman, Steven) |
Filing 220 Motion for Reconsideration or, in the Alternative, Certification for Interlocutory Appeal and Stay of Proceedings Pending Appeal re: #215 Order on Motion for Summary Judgment, Order on Motion for Leave to File, (Sealed Document) by Defendant Millennium Health, LLC. Response due 3/9/2015. (Hollman, Steven) |
Filing 219 Redaction to #218 Response to Order, by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 218 Response re: #215 Order on Motion for Summary Judgment, Order on Motion for Leave to File, by Defendant Millennium Health, LLC. (Sealed Document) (Hollman, Steven) Modified on 3/3/2015. (lak) |
Filing 217 Redaction to #216 Expert Report, by Defendant Millennium Health, LLC (Attachments: #1 Figure 1 - Summary of Damages (Redacted), #2 Figure 2 - Millennium's Accused RADAR Reports (Redacted), #3 Appendix A - Resume of Mr. Degen, #4 Appendix B - Testimony of Mr. Degen for the Preceding Four Years, #5 Appendix C - Documents Reviewed) (Gregor, Jennifer) |
Filing 216 Expert Report of Carl G. Degen by Defendant Millennium Health, LLC (Sealed Document) (Attachments: #1 Figure 1 - Summary of Damages, #2 Figure 2 - Millennium's Accused RADAR Reports, #3 Appendix A - Resume of Mr. Degen, #4 Appendix B - Testimony of Mr. Degen for the Preceding Four Years, #5 Appendix C - Documents Reviewed) (Gregor, Jennifer) |
Filing 215 ORDER granting in part and denying in part #126 Motion for Summary Judgment by Defendant Millennium Laboratories, Inc.; Granting #192 Motion for Leave to File Sur-Reply by Plaintiff Ameritox, Ltd. Defendant may have until 3/2/2015, to serve and file its response as to why summary judgment should not be entered against it on the question of infringement of the '680 patent. Signed by District Judge William M. Conley on 2/18/2015. (voc) |
Filing 214 ** TEXT ONLY ORDER **ORDER granting #213 Motion to Amend/Correct caption. Signed by District Judge William M. Conley on 2/18/2015. (voc) |
Filing 213 Consent Motion to Amend/Correct Caption by Plaintiff Marshfield Clinic. (Dodd, Kimberly) |
Filing 212 Redaction to #209 Expert Report by Defendant Millennium Health, LLC (Attachments: #1 Exhibit A - Bertholf CV, #2 Exhibit B - Bertholf Report Additional Materials, #3 Exhibit C - G & B Article, #4 Exhibit D - Kapur Abstract, #5 Exhibit E - Meadway 2001 Poster, #6 Exhibit F - Meadway 2002 Article, #7 Exhibit G - Preston Article, #8 Exhibit H - Haddow Article, #9 Exhibit I - Kell '878 Patent, #10 Exhibit J - Carrieri Article, #11 Exhibit K - '680 Patent, #12 Exhibit L - '895 Patent, #13 Exhibit M - Poyhia Article, #14 Exhibit N - Paul Article, #15 Exhibit O - Oyler Article, #16 Exhibit P - '680 reexam 2-12-14 Response to Office Action, #17 Exhibit Q - '895 reexam 1-21-14 Response to Office Action, #18 Exhibit R - '680 5-28-08 Response to Office Action, #19 Exhibit S - '680 reexam 6-12-13 Notice of Intent, #20 Exhibit T - '895 reexam 6-6-13 Notice of Intent, #21 Exhibit U - Redacted, #22 Exhibit V - Redacted, #23 Exhibit W - '680 11-13-08 Response to Office Action, #24 Exhibit X - '680 reexam 3-29-13 Response to Office Action, #25 Exhibit Y - Redacted) (Gregor, Jennifer) Modified on 2/10/2015. (lak) |
Filing 211 Redaction to #210 Notice (Other) - Millennium's Repsonse to Plaintiffs' Supplementation of the Summary Judgment Record by Defendant Millennium Health, LLC (Hollman, Steven) |
Filing 210 Notice by Defendant Millennium Health, LLC - Millennium's Response to Plaintiffs' Supplementation of the Summary Judgment Record - #206 . (Sealed Document) (Hollman, Steven) |
Filing 209 Expert Report of Roger L. Bertholf, Ph.D. by Defendant Millennium Health, LLC (Sealed Document) (Attachments: #1 Exhibit A - Bertholf CV, #2 Exhibit B - Bertholf Report Additional Materials, #3 Exhibit C - G & B Article, #4 Exhibit D - Kapur Abstract, #5 Exhibit E - Meadway 2001 Poster, #6 Exhibit F - Meadway 2002 Article, #7 Exhibit G - Preston Article, #8 Exhibit H - Haddow Article, #9 Exhibit I - Kell '878 Patent, #10 Exhibit J - Carrieri Article, #11 Exhibit K - '680 Patent, #12 Exhibit L - '895 Patent, #13 Exhibit M - Poyhia Article, #14 Exhibit N - Paul Article, #15 Exhibit O - Oyler Article, #16 Exhibit P - '680 reexam 2-12-14 Response to Office Action, #17 Exhibit Q - '895 reexam 1-21-14 Response to Office Action, #18 Exhibit R - '680 5-28-08 Response to Office Action, #19 Exhibit S - '680 reexam 6-12-13 Notice of Intent, #20 Exhibit T - '895 reexam 6-6-13 Notice of Intent, #21 Exhibit U - AMER0504847, #22 Exhibit V - AMX0010745-49, #23 Exhibit W - '680 11-13-08 Response to Office Action, #24 Exhibit X - '680 reexam 3-29-13 Response to Office Action, #25 Exhibit Y - BAIN PROPILL 11331-33) (Gregor, Jennifer) |
Filing 208 Deposition of Dr. Paul J. Orsulak taken on January 14, 2015. (Sealed Document) (Gregor, Jennifer) |
Filing 207 Redaction to #206 Response to Notice of Supplemental Authority by Plaintiff Ameritox, Ltd. (Jones, David) |
Filing 206 Response to #194 Notice of Supplemental Authority by Plaintiff Ameritox, Ltd. (Sealed Document) (Jones, David) |
Filing 205 Deposition of Alan H. Wu taken on 01/30/15. (Sealed Document) (Jones, David) |
Filing 204 Redaction to #202 Brief in Reply by Defendant Millennium Health, LLC. (Wolinsky, Robert) |
Filing 203 Declaration of Rebecca C. Mandel filed by Defendant Millennium Health, LLC re: #202 Brief in Reply, re: #196 Order. See 21 in 15-cv-31. (Attachments: #1 Exhibit 1 - January 17, 2014 letter, #2 Exhibit 2 - April 7, 2014 through May 25, 2014 email exchange, #3 Exhibit 3 - June 16, 2014 through June 18, 2014 email exchange, #4 Exhibit 4 - June 16, 2014 through June 27, 2014 email exchange, #5 Exhibit 5 - June 27, 2014 letter, #6 Exhibit 6 - Ameritox's Notice of Rule 30(b)(6) Deposition in 10-cv-3327 (D. Md.)) (Wolinsky, Robert) Modified on 1/27/2015 to correct description of Exhibit 3 and Exhibit 4. (lak) |
Filing 202 Brief in Reply by Defendant Millennium Health, LLC to Ameritox LTD's Opposition to Non-Party Renee Bryan's Motion to Quash. See 20 in 15-cv-31. (Sealed Document) (Wolinsky, Robert) Modified on 1/27/2015. (lak) |
Filing 201 Deposition of Howard Appel taken on 1/21/2015. (Sealed Document) (Gregor, Jennifer) |
Filing 200 ** TEXT ONLY ORDER **ORDER granting #197 Motion to Seal Document. Signed by Magistrate Judge Stephen L. Crocker on 1/22/2015. (voc) |
Filing 199 Redaction to #198 Brief in Opposition, To Non-Party Renee T. Bryan's Motion to Quash Deposition Subpoena by Plaintiff Ameritox, Ltd. See 15 in 15-cv-31. (Attachments: #1 Exhibit A - 2011-10-25 Email from R. Wolinsky, #2 Exhibit B - 2011-11-15 Email from R. Wolinsky, #3 Exhibit C - 2014-06-27 Millennium Production Email, #4 Exhibit D - 2014-07-18 Millennium Production Email) (Jones, David) Modified on 1/27/2015. (lak) |
Filing 198 Brief in Opposition by Plaintiff Ameritox, Ltd. to Non-Party Renee T. Bryan's Motion to Quash Deposition Subpoena. (Sealed Document) See 14 in 15-cv-31. (Attachments: #1 Exhibit A - 2011-10-25 Email from R. Wolinsky, #2 Exhibit B - 2011-11-15 Email from R. Wolinsky, #3 Exhibit C - 2014-06-27 Millennium Production Email, #4 Exhibit D - 2014-07-18 Millennium Production Email) (Jones, David) Modified on 1/27/2015. (lak) |
Filing 197 Motion to Seal Document - Request for Document to Remain Sealed by Defendant Millennium Health, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Gregor, Jennifer) |
Filing 196 ORDER re Telephone Status Conference. Signed by District Judge William M. Conley on 1/16/15. (jat) |
Filing 195 ** TEXT ONLY ORDER ** The court is in receipt of the order from the District Court of the Southern District of California transferring a non-party's motion to quash. The clerk's office assigned this transferred motion a separate case number, 15-cv-31-wmc. A brief telephonic status conference will be held on this motion at 3:00 p.m. today. Counsel for defendant Millennium Health, LLC shall initiate the call to Judge Conley's chambers at 608-264-5087. Signed by District Judge William M. Conley on 1/16/2015. (voc) |
Minute Entry for proceedings held before District Judge William M. Conley: Telephone Status Conference held on 1/16/2015 [:20] (Court Reporter LS.) (mfh) |
Set Deadlines: Response to motion to quash (15-cv-31) due 1/20/2015. Replies to plaintiff's submission due 1/26/2015. (jat) |
Filing 194 Notice of Supplemental Authority by Defendant Millennium Health, LLC re: #126 MOTION FOR SUMMARY JUDGMENT. (Hollman, Steven) |
Filing 193 Brief in Opposition by Defendant Millennium Health, LLC re: #192 Motion for Leave to File filed by Ameritox, Ltd. (Hollman, Steven) |
Filing 192 Motion for Leave to File Sur-Reply by Plaintiff Ameritox, Ltd. (Attachments: #1 Exhibit - Plaintiffs' Sur-Reply in Opposition to Defendant's Motion for Summary Judgment) (Jones, David) |
Filing 191 Joint Summary Judgment Claims Chart by Defendant Millennium Health, LLC re: #126 Motion for Summary Judgment. (Hollman, Steven) |
Filing 190 Redaction to #159 Response to Proposed Findings of Fact by Plaintiff Ameritox, Ltd. (Jones, David) |
Filing 189 Redaction to #184 Reply in Support of Proposed Findings of Fact, by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 188 Redaction to #185 Response to Proposed Findings of Fact, by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 187 Redaction to #183 Brief in Reply by Defendant Millennium Health, LLC. (Hollman, Steven) |
Filing 186 Redaction to #182 Declaration, by Defendant Millennium Health, LLC (Attachments: #1 Exhibit 46 - Redacted, #2 Exhibit 47 - Redacted, #3 Exhibit 48 - Redacted, #4 Exhibit 49 - Notice of Reexam Request No. 90/012,868, #5 Exhibit 50 - Ameritox advertisement, marked as JX06 in 10-cv-3327-BEL (D. Md.), #6 Exhibit 51 - Ameritox advertisement, marked as JX06 in 10-cv-3327-BEL (D. Md.), #7 Exhibit 52 - Redacted, #8 Exhibit 53 - June 5, 2012 Transcript, in 10-cv-3327-BEL (D. Md.), [D.E. 301], #9 Exhibit 54 - OED Definition of "data" and "datum", #10 Exhibit 55 - Marshfield's Objections and Responses to Millennium's First Set of Interrogatories dated April 10, 2014, #11 Exhibit 56 - Redacted, #12 Exhibit 57 - Redacted, #13 Exhibit 58 - Memorandum in Support of Motion for Summary Judgment 10-cv-3327-BEL (D. Md.), [D.E. 407-3], #14 Exhibit 59 - May 15, 2012 Letter from James Ulwick 10-cv-3327-BEL (D. Md.), [D.E. 249- 249-4]) (Hollman, Steven) Modified on 11/25/2014. (lak) |
Filing 185 Response to Proposed Findings of Fact filed by Defendant Millennium Health, LLC re: #126 Motion for Summary Judgment. (Response to Plaintiffs' Additional Proposed Findings of Fact.) (Sealed Document) (Hollman, Steven) Modified on 11/25/2014. (lak) |
Filing 184 Reply in Support of Proposed Findings of Fact filed by Defendant Millennium Health, LLC re: #126 Motion for Summary Judgment. (Reply to Plaintiffs' Response to Millennium's Proposed Findings of Fact.) (Sealed Document) (Hollman, Steven) Modified on 11/25/2014. (lak) |
Filing 183 Brief in Reply by Defendant Millennium Health, LLC in Support of #126 Motion for Summary Judgment. (Sealed Document) (Hollman, Steven) |
Filing 182 Second Declaration of Rebecca C. Mandel filed by Defendant Millennium Health, LLC re: #126 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit 46 - "Oxymorphone #28 (Opana / Opana ER)", Bates No. ATX-WI-0008457, #2 Exhibit 47 - Sample Millennium RADAR Report, Bates Nos. ML_PATENT-0011289-91, #3 Exhibit 48 - Sample Ameritox Rx Guardian Results Report, Bates Nos. AMER0024851 -52, #4 Exhibit 49 - Notice of Reexam Request No. 90/012,868, #5 Exhibit 50 - Ameritox advertisement, marked as JX06 in 10-cv-3327-BEL (D. Md.), #6 Exhibit 51 - Ameritox advertisement, marked as JX09 in 10-cv-3327-BEL (D. Md.), #7 Exhibit 52 - Larson letter dated March 3, 2004, Bates Nos. MCP0000906 - MCP0000932, #8 Exhibit 53 - June 5, 2012 Transcript, in 10-cv-3327-BEL (D. Md.), [D.E. 301], #9 Exhibit 54 - OED Definition of "data" and "datum", #10 Exhibit 55 - Marshfield's Objections and Responses to Millennium's First Set of Interrogatories dated April 10, 2014, #11 Exhibit 56 - "Provisional Application for Patent Cover Sheet" Bates Nos. MILLENNIUM-00094418-21, #12 Exhibit 57 - April 18, 2011 E-mail from Brent Gibbs, Bates Nos. MILLENNIUM-00091173 - 00091205, #13 Exhibit 58 - Memorandum in Support of Motion for Summary Judgment 10-cv-3327-BEL (D. Md.), [D.E. 407-3], #14 Exhibit 59 - May 15, 2012 Letter from James Ulwick 10-cv-3327-BEL (D. Md.), [D.E. 249- 249-4]) (Hollman, Steven) |
Filing 181 Deposition of Renee Bryan, Vol II taken on 11/9/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 180 Deposition of Harry L. Leider, M.D. taken on 11/16/2011. (Sealed Document) (Gregor, Jennifer) |
Filing 179 ** TEXT ONLY ORDER ** In its 17-page motion to clarify the record under the rubric that "he that filches from me my good name... makes me poor indeed," plaintiff seeks to clear the air on defendant's assertions of plaintiff's misconduct in other lawsuits. Plaintiff also flags for this court reasons why defendant cannot be trusted, either. Duly noted. Less than 30 hours later, at 10:11 last night, defendant filed its five-page opposition to the motion, conceding nothing (dkt. #178 ). Also duly noted. To the extent that clarification of the court's November 5, 2014 order will assure plaintiff that it need not be weep its outcast fate, this court has made no finding that any party in this case actually has done anything improper, and the court did not base its ruling on any such finding or on defendant's allegations of plaintiff's misconduct. The ruling was, and is, that the documents sought were and are irrelevant. The court stands by its findings that plaintiff's discovery demands constituted palpable overreaching, that plaintiff's arguments in support of disclosure were completely unpersuasive, and that the relationship between plaintiff and defendant has been toxic for quite some time and remains so in this lawsuit. As a result of this last finding, it would be unbalanced to accuse just one side of questionable conduct toward the other in past litigation; therefore, the court is willing to-- and does--strike that part of its previous order singling out plaintiff and its attorneys as unworthy of trust in this particular lawsuit. With the record now reflecting that both sides remain in the court's good graces in equal measure, the court re-admonishes them to keep it clean and fair in this lawsuit or they will be very sorry. Signed by Magistrate Judge Stephen L. Crocker on 11/19/2014. (voc) |
Filing 178 Brief in Opposition by Defendant Millennium Health, LLC re: #174 Motion for Clarification filed by Ameritox, Ltd. (Hollman, Steven) |
Filing 177 Redaction to #175 Declaration, by Plaintiff Ameritox, Ltd., (Attachments: #1 Exhibit A - Chesemore v. Alliance Holdings, 276 FRD 506 (WD Wis 2011), #2 Exhibit B - ABA Comm. On Ethics & Prof'l Responsibility, Formal Op. 06-440 (May 13, 2006), #3 Exhibit C - Redacted, #4 Exhibit D - 8-21-2014 Marchuk Letter to S Hollman, #5 Exhibit E - 12-13-2011 E. Peacock email PX154, #6 Exhibit F - 12-13-2011 redacted E. Peacock email, #7 Exhibit G - 2-26-2014 Florida Order, #8 Exhibit H - 1-16-2014 DE 328 - Millennium's Motion for Summary Judgment, #9 Exhibit I - 5-1-2014 DE 433 AHCA Explanation, #10 Exhibit J - 5-5-2014 DE 446 Order granting in part Ameritox's MSJ, #11 Exhibit K - Redacted, #12 Exhibit L - 6-16-2014 DE 620 - Jury Verdict, #13 Exhibit M - 9-12-2014 DE 684 Order on JMOL and New trial, #14 Exhibit N - 11-4-2013 Florida Order, #15 Exhibit O - 11-16-2012 Reuters Article, #16 Exhibit P - Ameritox v Millennium 06-04-14 AM Trial Testimony, #17 Exhibit Q - 4-28-2014 Millennium Motion in Liminie, #18 Exhibit R - 5-24-2014 Order on ML's Motion in Limine, #19 Exhibit S - Ameritox v Millennium 06-13-14 AM Trial Testimony, #20 Exhibit T - 3-28-2013 Texas Order, #21 Exhibit U - 8-7-2013 Texas Order, #22 Exhibit V - 11-4-2013 DE 263 Order re common interest, #23 Exhibit W - 6-26-2013 Arizona Order, #24 Exhibit X - 7-29-2014 Illinois Order, #25 Exhibit Y - 8-22-2014 Massachusetts Order, #26 Exhibit Z - 12-4-2012 Millennium's subpoena to Kelly Nelson in FL case, #27 Exhibit AA - Redacted, #28 Exhibit BB - 11-14-2014 Mandel email re rog 7) (Jones, David) Modified on 11/18/2014. (lak) |
Filing 176 Redaction to #174 Motion for Clarification re: 155 Order on Motion to Compel, And for Partial Reconsideration (Sealed Document) by Plaintiff Ameritox, Ltd. (Jones, David) Modified on 11/18/2014. (lak) |
Filing 175 Declaration of Adam L. Marchuk filed by Plaintiff Ameritox, Ltd. re: #174 Motion for Clarification (Sealed Document) (Attachments: #1 Exhibit A - Chesemore v. Alliance Holdings, 276 FRD 506 (WD Wis 2011), #2 Exhibit B - ABA Comm. On Ethics & Prof'l Responsibility, Formal Op. 06-440 (May 13, 2006), #3 Exhibit C - 08-04-2014 Millennium Response to Second Set of Document Requests, #4 Exhibit D - 8-21-2014 Marchuk Letter to S Hollman, #5 Exhibit E - 12-13-2011 E. Peacock email PX154, #6 Exhibit F - 12-13-2011 redacted E. Peacock email, #7 Exhibit G - 2-26-2014 Florida Order, #8 Exhibit H - 1-16-2014 DE 328 - Millennium's Motion for Summary Judgment, #9 Exhibit I - 5-1-2014 DE 433 AHCA Explanation, #10 Exhibit J - 5-5-2014 DE 446 Order granting in part Ameritox's MSJ, #11 Exhibit K - 11-3-2014 Mandel email producing memorandum, #12 Exhibit L - 6-16-2014 DE 620 - Jury Verdict, #13 Exhibit M - 9-12-2014 DE 684 Order on JMOL and New trial, #14 Exhibit N - 11-4-2013 Florida Order, #15 Exhibit O - 11-16-2012 Reuters Article, #16 Exhibit P - Ameritox v Millennium 06-04-14 AM Trial Testimony, #17 Exhibit Q - 4-28-2014 Millennium Motion in Liminie, #18 Exhibit R - 5-24-2014 Order on ML's Motion in Limine, #19 Exhibit S - Ameritox v Millennium 06-13-14 AM Trial Testimony, #20 Exhibit T - 3-28-2013 Texas Order, #21 Exhibit U - 8-7-2013 Texas Order, #22 Exhibit V - 11-4-2013 DE 263 Order re common interest, #23 Exhibit W - 6-26-2013 Arizona Order, #24 Exhibit X - 7-29-2014 Illinois Order, #25 Exhibit Y - 8-22-2014 Massachusetts Order, #26 Exhibit Z - 12-4-2012 Millennium's subpoena to Kelly Nelson in FL case, #27 Exhibit AA - 7-24-2013 Millennium's Response to Ameritox's 2nd Set of Rogs, #28 Exhibit BB - 11-14-2014 Mandel email re rog 7) (Jones, David) Modified on 11/18/2014. (lak) |
Filing 174 Motion for Clarification re: 155 Order on Motion to Compel, And for Partial Reconsideration (Sealed Document) by Plaintiff Ameritox, Ltd. Response due 11/24/2014. (Jones, David) Modified on 11/18/2014. (lak) |
Filing 173 Redaction to #172 Brief in Opposition to Millennium Health, LLC's Motion for Summary Judgment by Plaintiff Ameritox, Ltd. (Jones, David) |
Filing 172 Corrected Brief in Opposition by Plaintiff Ameritox, Ltd. re: #126 Motion for Summary Judgment filed by Millennium Health, LLC. (Sealed Document) (Jones, David). |
Filing 171 ** TEXT ONLY ORDER **ORDER granting #169 Motion for Leave to File Corrected Brief in Opposition to Defendant's Motion for Summary Judgment. Signed by Magistrate Judge Stephen L. Crocker on 11/13/2014. (voc) |
Filing 170 Redaction to #169 Unopposed Motion for Leave to File Corrected Brief in Opposition to Defendant's Motion for Summary Judgment (Sealed Document) by Plaintiff Ameritox, Ltd., (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted) (Jones, David) |
Filing 169 Unopposed Motion for Leave to File Corrected Brief in Opposition to Defendant's Motion for Summary Judgment (Sealed Document) by Plaintiff Ameritox, Ltd.. (Attachments: #1 Exhibit A - Final Version of Corrected Brief Plaintiffs' Opposition Brief to ML's MSJ, #2 Exhibit B - Redline Version of Corrected Plaintiffs' Opposition Brief to ML's MSJ) (Jones, David) |
Filing 168 Redaction to #159 Response to Proposed Findings of Fact by Plaintiff Ameritox, Ltd. (Sealed) (Jones, David) Modified on 11/25/2014. Sealed at the request of counsel. Document to be refiled. (rep). |
Filing 167 Redaction to #163 Proposed Findings of Fact by Plaintiff Ameritox, Ltd. (Jones, David) |
Filing 166 Redaction to #160 Brief in Opposition To Millennium Health, LLC's Motion for Summary Judgment by Plaintiff Ameritox, Ltd. (Jones, David) |
Filing 165 Redaction to #161 Declaration of Paul J. Orsulak by Plaintiff Ameritox, Ltd. (Jones, David) |
Filing 164 Redaction to #162 Declaration of Adam L. Marchuk by Plaintiff Ameritox, Ltd., (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Marshfield website print-outs, #3 Exhibit C - Redacted, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted, #7 Exhibit G - Redacted, #8 Exhibit H - Rx Guardian CD Sample Report Insert, #9 Exhibit I - Rx Guardian CD Sample Report, #10 Exhibit J - Redacted, #11 Exhibit K - Redacted, #12 Exhibit L - Redacted, #13 Exhibit M - Redacted, #14 Exhibit N - Redacted, #15 Exhibit O - Redacted, #16 Exhibit P - Redacted, #17 Exhibit Q - Redacted, #18 Exhibit T - "Request for Ex Parte Reexamination, #19 Exhibit U - "Request for Ex Parte Reexamination, #20 Exhibit X - Consent Order from False Advertising Litigation, #21 Exhibit Y - Third Amended Complaint, Healthcare Fraud Litigation, #22 Exhibit Z - Jury, Healthcare Fraud Litigation, #23 Exhibit AA - Complaint, Trade Dress, #24 Exhibit CC - Redacted, #25 Exhibit DD - definition "known", #26 Exhibit FF - Pain Article re: Normative Data, #27 Exhibit GG - definition "normative", #28 Exhibit HH - definition "normative", #29 Exhibit II - definition "data", #30 Exhibit JJ - definition "data", #31 Exhibit LL - Original Claim 1, step (c), #32 Exhibit PP - PDI Article re: Normative Data, #33 Exhibit QQ - Pain Article re: Normative Data, #34 Exhibit RR - Redacted, #35 Exhibit SS - Statistics in Medicine re: quantifying, #36 Exhibit TT - Medication Compliance re: quantifying, #37 UU - JPSM Article re: quantifying) (Jones, David) Modified on 11/10/2014. (lak) |
Filing 163 Proposed Findings of Fact filed by Plaintiff Ameritox, Ltd. re: #126 Motion for Summary Judgment. (Sealed Document) (Jones, David) |
Filing 162 Declaration of Adam L. Marchuk re: #126 Motion for Summary Judgment, (Sealed Document) (Attachments: #1 Exhibit A - Sample Rx Guardian CD Report, #2 Exhibit B - Marshfield website print-outs, #3 Exhibit C - '434 Application, #4 Exhibit D - 5/26/10 Email from R. Bryan, #5 Exhibit E - 5/26/10 Email from D. Cohen, #6 Exhibit F - 5/27/10 Email from A. Pesce, #7 Exhibit G - 8/4/10 Email from R. Bryan, #8 Exhibit H - Rx Guardian CD Sample Report Insert, #9 Exhibit I - Rx Guardian CD Sample Report, #10 Exhibit J - Specifications for computing standardized residuals, by drug, #11 Exhibit K - Trade Dress Litigation Order, #12 Exhibit L - 5/17/11 Email from H. Appel, #13 Exhibit M - 5/17/11 Email from R. Bryan, #14 Exhibit N - 5/18/11 Email from R.Bryan, #15 Exhibit O - 5/20/11 Email from R. Bryan, #16 Exhibit P - 5/20/11 Email from H. Appel, #17 Exhibit Q - 10/11 Millennium Management Presentation, #18 Exhibit T - "Request for Ex Parte Reexamination, #19 Exhibit U - "Request for Ex Parte Reexamination, #20 Exhibit X - Consent Order from False Advertising Litigation, #21 Exhibit Y - Third Amended Complaint, Healthcare Fraud Litigation, #22 Exhibit Z - Jury, Healthcare Fraud Litigation, #23 Exhibit AA - Complaint, Trade Dress, #24 Exhibit CC - "How Does Urine Drug Testing (UDT) Help You?", #25 Exhibit DD - definition "known", #26 Exhibit FF - Pain Article re: Normative Data, #27 Exhibit GG - definition "normative", #28 Exhibit HH - definition "normative", #29 Exhibit II - definition "data", #30 Exhibit JJ - definition "data", #31 Exhibit LL - Original Claim 1, step (c), #32 Exhibit PP - PDI Article re: Normative Data, #33 Exhibit QQ - Pain Article re: Normative Data, #34 Exhibit RR - 6/23/11 Email from C. West, #35 Exhibit SS - Statistics in Medicine re: quantifying, #36 Exhibit TT - Medication Compliance re: quantifying, #37 Exhibit UU - JPSM Article re: quantifying) (Jones, David) Modified on 11/10/2014 to link to motion instead of brief. (lak) |
Filing 161 Declaration of Paul J. Orsulak re: #126 Motion for Summary Judgment. (Sealed Document) (Jones, David) Modified on 11/10/2014 to link to motion instead of brief. (lak) |
Filing 160 Brief in Opposition by Plaintiff Ameritox, Ltd. re: #126 Motion for Summary Judgment filed by Millennium Health, LLC. (Sealed Document) (Jones, David) Modified on 11/13/2014: See #172 for Corrected Brief in Opposition. (lak) |
Filing 159 Response to Proposed Findings of Fact filed by Plaintiff Ameritox, Ltd. re: #126 Motion for Summary Judgment. (Sealed Document) (Jones, David) |
Filing 158 Deposition of Jennifer Strickland taken on 10/22/14. (Sealed Document) (Jones, David) |
Filing 157 Deposition of Charles Mikel taken on 10/15/14. (Sealed Document) (Jones, David) |
Filing 156 Deposition of Michael Larson taken on 11/21/11. (Sealed Document) (Jones, David) |
Filing 155 ** TEXT ONLY ORDER ** On October 21, 2014, plaintiff Ameritox filed a motion to compel discovery and supporting documents. See dkts. [140-143 ]. At about 7:30 p.m. last night, November 4, 2014, defendant filed its opposition. See dkts. [148-151]. The court has carefully read all of the submissions from both sides, and it now sees no need to amplify the record with a telephonic hearing. Plaintiff's motion to compel production of the requested financial documents is DENIED in its entirety. Plaintiff's extraordinarily broad demands for defendant's financial documents, ostensibly to calculate a reasonable royalty, constitute palpable overreaching, and plaintiff's arguments in support of its requests are completely unpersuasive. Further, given the longstanding toxic relationship between these parties, matched with plaintiff's highly questionable--and sometimes sanctioned--conduct in other cases, along with its Chicago attorney's alarming mishandling of a highly confidential document "anonymously mailed" to him, see dkt. #148 at 11, the court would not trust plaintiff to use defendant's financial documents properly even if they were relevant. But they're not relevant, so there is no need to get the attorneys on the phone just to warn them that they had better clean up their act in this particular lawsuit. If they do not, then this court's sanctions will turn the multitudinous seas incarnadine. The telephonic motion hearing is cancelled as unnecessary. Each side will bear its own costs on this motion. Signed by Magistrate Judge Stephen L. Crocker on 11/5/2014. (voc) |
Filing 154 Redaction to #151 Declaration, of Rebecca C. Mandel by Defendant Millennium Health, LLC (Attachments: #1 Exhibit 1 - Millennium Laboratories 9-5-2012 Press Release, #2 Exhibit 2 - Millennium website page "Millennium Health Pharmacogenetic Testing", #3 Exhibit 3 - Millennium Laboratories 1-13-2014 Press Release, #4 Exhibit 4 - Millennium's Objections and Answers to Ameritox's Second Set of Interrogatories, #5 Exhibit 5 - 10-8-2014 through 10-21-2014 email exchange between counsel, #6 Exhibit 6 - Ameritox's Supplemental Response to Millennium's Interrogatory No. 4, #7 Exhibit 7 - Redacted, #8 Exhibit 8 - Redacted, #9 Exhibit 9 - Redacted, #10 Exhibit 10 - Redacted, #11 Exhibit 11 - Redacted, #12 Exhibit 12 - 10-8-2014 through 10-24-2014 email exchange between counsel, #13 Exhibit 13 - Ameritox's Objections and Responses to Millennium's First Request for Production of Documents, #14 Exhibit 14 - Ameritox's Objections and Responses to Millennium's Second Request for Production of Documents, #15 Exhibit 15 - Order Granting Motion for Sanctions, Dkt. No. 267, Kelly Nelson v. Millennium Laboratories, Inc. et al., Case 2:12-cv-01301-SLG (S.D. Ariz.), #16 Exhibit 16 - Supplemental Response to Defendant's Rule 215 Motion to Compel - Edward J. Zicari v. Millennium Laboratories, Inc., Cause No. 12-12598 (Dallas Co. Tex.), #17 Exhibit 17 - Excerpt of the morning testimony of Jodie Strain - Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 8:11-CV-776-T-24TBM (M.D. Fla.), #18 Exhibit 18 - Excerpt of the afternoon testimony of Jodie Strain - Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 8:11-CV-776-T-24TBM (M.D. Fla.), #19 Exhibit 19 - 8-29-2014 Order issued by Judge William Gomolinski - Edward J. Zicari v. Millennium Health LLC, Case No. 2014 L 006264 (Cook Co. IL Cir. Ct.), #20 Exhibit 20 - Redacted, #21 Exhibit 21 - 8-20-2014 letter from S. Hollman to A. Marchuk, #22 Exhibit 22 - Definition of "balance sheet", #23 Exhibit 23 - Definition of "cash flow statement) (Wolinsky, Robert) Modified on 11/5/2014. (lak) |
Filing 153 Redaction to #150 Declaration of Heidi Smith by Defendant Millennium Health, LLC. (Wolinsky, Robert) |
Filing 152 Redaction to #148 Brief in Opposition by Defendant Millennium Health, LLC. (Wolinsky, Robert) |
Filing 151 Declaration of Rebecca C. Mandel filed by Defendant Millennium Health, LLC re: #140 Motion to Compel (Sealed Document) (Attachments: #1 Exhibit 1 - Millennium Laboratories 9-5-2012 Press Release, #2 Exhibit 2 - Millennium website page "Millennium Health Pharmacogenetic Testing", #3 Exhibit 3 - Millennium Laboratories 1-13-2014 Press Release, #4 Exhibit 4 - Millennium's Objections and Answers to Ameritox's Second Set of Interrogatories, #5 Exhibit 5 - 10-8-2014 through 10-21-2014 email exchange between counsel, #6 Exhibit 6 - Ameritox's Supplemental Response to Millennium's Interrogatory No. 4, #7 Exhibit 7 - Ameritox's Answers to Millennium's Third Set of Interrogatories, #8 Exhibit 8 - 11-9-2009 email from M. Larson, Bates No. MCP0017604, #9 Exhibit 9 - 3-23-2009 email exchange between A. Hauser and M. Larson et al. Bates No. MCP0017029-36, #10 Exhibit 10 - 9-12-2010 email from A. Lopes to T. Podorski, Bates No. AMER321415-16, #11 Exhibit 11 - Chart reflecting the total number of UDT specimens Bates No. ML_PATENT-0023159, #12 Exhibit 12 - 10-8-2014 through 10-24-2014 email exchange between counsel, #13 Exhibit 13 - Ameritox's Objections and Responses to Millennium's First Request for Production of Documents, #14 Exhibit 14 - Ameritox's Objections and Responses to Millennium's Second Request for Production of Documents, #15 Exhibit 15 - Order Granting Motion for Sanctions, Dkt. No. 267, Kelly Nelson v. Millennium Laboratories, Inc. et al., Case 2:12-cv-01301-SLG (S.D. Ariz.), #16 Exhibit 16 - Supplemental Response to Defendant's Rule 215 Motion to Compel - Edward J. Zicari v. Millennium Laboratories, Inc., Cause No. 12-12598 (Dallas Co. Tex.), #17 Exhibit 17 - Excerpt of the morning testimony of Jodie Strain - Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 8:11-CV-776-T-24TBM (M.D. Fla.), #18 Exhibit 18 - Excerpt of the afternoon testimony of Jodie Strain - Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 8:11-CV-776-T-24TBM (M.D. Fla.), #19 Exhibit 19 - 8-29-2014 Order issued by Judge William Gomolinski - Edward J. Zicari v. Millennium Health LLC, Case No. 2014 L 006264 (Cook Co. IL Cir. Ct.), #20 Exhibit 20 - Confidential Millennium Document - Bates Nos. ATX-WI-0019214-0019269, #21 Exhibit 21 - 8-20-2014 letter from S. Hollman to A. Marchuk, #22 Exhibit 22 - Definition of "balance sheet", #23 Exhibit 23 - Definition of "cash flow statement") (Wolinsky, Robert) |
Filing 150 Declaration of Heidi Smith filed by Defendant Millennium Health, LLC re: #140 Motion to Compel. (Sealed Document) (Wolinsky, Robert) |
Filing 149 Declaration of Diane Hancock filed by Defendant Millennium Health, LLC re: #140 Motion to Compel. (Wolinsky, Robert) |
Filing 148 Brief in Opposition by Defendant Millennium Health, LLC re: #140 Motion to Compel filed by Ameritox, Ltd. (Sealed Document) (Wolinsky, Robert) |
Filing 147 ** TEXT ONLY ORDER **ORDER granting #146 Motion for Extension of Time. Brief in Opposition due 11/7/2014. Brief in Reply due 11/24/2014. Signed by Magistrate Judge Stephen L. Crocker on 10/27/2014. (voc) |
Set Deadlines as to #140 Motion to Compel Production of Documents. Brief in Opposition due 11/4/2014. Telephone Motion Hearing set for 11/5/2014 at 03:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (voc) |
Filing 146 Joint Motion for Extension of Time by Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd. Motions referred to Magistrate Judge Stephen L. Crocker. (Jones, David) |
Filing 145 Redaction to #143 Declaration of Mark T. Smith by Plaintiff Ameritox, Ltd. (Attachments: #1 Exhibit M - Oct 2011 Millennium Management Presentation, #2 Exhibit N - April 2011 Millennium-UBS discussion materials) (Marchuk, Adam) |
Filing 144 Redaction to #141 Brief in Support of Motion to Compel Production of Documents by Plaintiff Ameritox, Ltd. (Marchuk, Adam) |
Filing 143 Declaration of Mark T. Smith filed by Plaintiff Ameritox, Ltd. re: #140 Motion to Compel (Sealed Document) (Attachments: #1 Exhibit M - Oct 2011 Millennium Management Presentation, #2 Exhibit N - April 2011 Millennium-UBS discussion materials) (Marchuk, Adam) |
Filing 142 Declaration of Adam L. Marchuk filed by Plaintiff Ameritox, Ltd. re: #140 Motion to Compel (Attachments: #1 Exhibit A - 2012-01-17 Millennium Response to First RFP, #2 Exhibit B - 2014-08-04 Millennium Response to Second RFP, #3 Exhibit C - 2011-Jan to Sept Millennium P and L, #4 Exhibit D - 2008 Millennium Consolidated Financial Statements, #5 Exhibit E - 2009 Millennium Consolidated Financial Statements, #6 Exhibit F - 2010-12-31 Millennium Consolidated Financial Statements, #7 Exhibit G - 2010 Millennium P and L, #8 Exhibit H - Current RADAR, #9 Exhibit I - 9-23-14 Email from R. Wolinksy to A. Marchuk, #10 Exhibit J - 2014-08-15 Marchuk Letter to S Hollman, #11 Exhibit K - Definition of Income from Operations, #12 Exhibit L - Definition of Operating Income) (Marchuk, Adam) |
Filing 141 Brief in Support of #140 Motion to Compel Production of Documents by Plaintiff Ameritox, Ltd. (Sealed Document) (Marchuk, Adam) |
Filing 140 Motion to Compel Production of Documents by Plaintiff Ameritox, Ltd. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 10/28/2014. (Marchuk, Adam) |
Filing 139 Deposition of Mark Winham taken on 12/20/13. (Sealed Document) (Marchuk, Adam) |
Filing 138 ** TEXT ONLY ORDER ** Defendant's unopposed motion to amend the caption to reflect the current name and form of the defendant as Millennium Health, LLC (dkt. #125 ) is GRANTED. The clerk of court is directed to amend the caption of the docket accordingly. Signed by District Judge William M. Conley on 10/16/2014. (voc) |
Filing 137 Redaction to #118 Expert Report by Defendant Millennium Laboratories, Inc. (Gregor, Jennifer) |
Filing 136 Redaction to #129 Declaration of Rebecca C. Mandel by Defendant Millennium Laboratories, Inc. (Attachments: #1 Exhibit 1-U.S. Patent No. 7,585,680, #2 Exhibit 2-U.S. Patent No. 7,785,895, #3 Exhibit 3-Redacted, #4 Exhibit 4-2014-4-28 Plaintiffs' Supplemental Infringement Contentions, #5 Exhibit 5-2012-01-17 Millennium's Obj. and Resp. to Ameritox's First Set of Interrogatories, #6 Exhibit 6-Dkt. 403 Memorandum 2012-01-17 from False Ad. Litigation, #7 Exhibit 7-Dkt. 1 Complaint 2010-11-24 from False Ad. Litigation, #8 Exhibit 8-Dkt. 46 Second Amended Answer/Counterclaims from False Ad. Litigation, #9 Exhibit 9-Dkt. 88 Notice of Voluntary Dismissal from False Ad. Litigation, #10 Exhibit 10-Dkt. 336-1 Verdict Form from False Ad. Litigation, #11 Exhibit 11- Dkt. 336-2 Judge Benson Legg Memo to Counsel from False Ad. Litigation, #12 Exhibit 12-2014-5-20 Millennium Claim Terms and Proposed Constructions, #13 Exhibit 13-2014-5-20 Plaintiffs' Preliminary List of Claim Terms and Proposed Constructions, #14 Exhibit 14-2014-6-10 Plaintiffs' Responses to Millennium's Claim Constructions, #15 Exhibit 15-2014-7-25 Plaintiffs' Supplemental Responses to Claim Constructions, #16 Exhibit 16-2008-5-28 Response to Office Action ('680 patent), #17 Exhibit 17-2010-2-23 Response to Office Action ('895 patent), #18 Exhibit 18-2013-12-18 Rule 1.132 USPTO Larson Declaration ('895 patent), #19 Exhibit 19-2014-01-15 Rule 1.132 Larson Declaration ('680 patent), #20 Exhibit 20-Redacted, #21 Exhibit 21-Redacted, #22 Exhibit 22-Redacted, #23 Exhibit 23-Larson article, #24 Exhibit 24-2009-2-25 Response to Office Action ('680 patent), #25 Exhibit 25-2008-11-13 Response to Office Action ('680 patent), #26 Exhibit 26- O'Connor Article "Normative Data", #27 Exhibit 27-U.S. Provisional Patent Application 60/499,129, #28 Exhibit 28-2014-08-11 Millennium Answers to Second Set of Interrogatories, #29 Exhibit 29-Redacted, #30 Exhibit 30-Redacted, #31 Exhibit 31-Redacted, #32 Exhibit 32-Redacted, #33 Exhibit 33-Redacted, #34 Exhibit 34-Redacted, #35 Exhibit 35-Redacted, #36 Exhibit 36-Redacted, #37 Exhibit 37-Rule 1.132 USPTO Larson Declaration, #38 Exhibit 38-Redacted, #39 Exhibit 39-Redacted, #40 Exhibit 40-2012-02-15 Ameritox Initial Disclosure of Infringement Contentions, #41 Exhibit 41-2013-09-13 Ameritox Initial Disclosure of Infringement Contentions, #42 Exhibit 42-2014-04-10 Plaintiffs Supplemental Infringement Contentions, #43 Exhibit 43-George Article, #44 Exhibit 44-Kreek Article, #45 Exhibit 45-Redacted) (Hollman, Steven) Modified on 10/14/2014. (lak) |
Filing 135 Redaction to #117 Expert Report, by Defendant Millennium Laboratories, Inc. (Attachments: #1 Exhibit A - Dr. Orsulak CV, #2 Exhibit B - Materials Considered, #3 Exhibit C - RADAR Report, #4 Exhibit D - Test Offerings - Millennium Labs, #5 Exhibit E - Ameritox Website, #6 Exhibit F - Millennium Labs Website, #7 Exhibit G - Millennium Labs Website, #8 Exhibit H - Millennium Laboratories - Customer Benefits Resources) (Gregor, Jennifer) |
Filing 134 Redaction to #116 Expert Report, by Defendant Millennium Laboratories, Inc. (Attachments: #1 Exhibit A - Updated CV, #2 Exhibit B - Additonal Materials Considered, #3 Exhibit C - 1-13-14 Millennium Press Release, #4 Exhibit D - Sample RADAR Report, #5 Exhibit E - Collin's English Dictionary, #6 Exhibit F - American Heritage College Dictionary, #7 Exhibit G - The Oxford American College Dictionary) (Gregor, Jennifer) |
Filing 133 Redaction to #115 Expert Report by Defendant Millennium Laboratories, Inc. (Attachments: #1 Exhibit A - CV, #2 Exhibit B - Additional Materials Considered) (Gregor, Jennifer) |
Filing 132 Redaction to #127 Proposed Findings of Fact in Support of Motion for Summary Judgment by Defendant Millennium Laboratories, Inc. (Hollman, Steven) |
Filing 131 Redaction to #130 Brief in Support of Motion for Summary Judgment by Defendant Millennium Laboratories, Inc. (Hollman, Steven) |
Filing 130 Brief in Support of #126 Motion for Summary Judgment by Defendant Millennium Laboratories, Inc. (Sealed Document) (Hollman, Steven) Modified on 10/14/2014. (lak) |
Filing 129 Declaration of Rebecca C. Mandel filed by Defendant Millennium Laboratories, Inc. re: #126 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit 1 - U.S. Patent No. 7,585,680, #2 Exhibit 2 - U.S. Patent No. 7,785,895, #3 Exhibit 3 - Marshfield-Ameritox License Agreement, #4 Exhibit 4 - 2014-04-28 Plaintiffs Supplemental Infringement Contentions, #5 Exhibit 5 - 2012-01-17 Millennium's Objections and Responses to Ameritox's First Set of Interrogatories, #6 Exhibit 6 - Dkt. 403 Memorandum 2012-01-17 from False Advertising Litigation, #7 Exhibit 7 - Dkt. 1 Complaint 2010-11-24 from False Advertising Litigation, #8 Exhibit 8 - Dkt. 46 Second Amended Answer Counterclaims from False Advertising Litigation, #9 Exhibit 9 - Dkt. 88 Notice of Voluntary Dismissal from False Advertising Litigation, #10 Exhibit 10 - Dkt. 336-1 Verdict Form from False Advertising Litigation, #11 Exhibit 11 - Dkt. 336-2 Judge Benson Legg Memo to Counsel from False Advertising Litigation, #12 Exhibit 12- 2014-05-20 Millennium Claim Terms and Proposed Constructions, #13 Exhibit 13- 2014-05-20 Plaintiffs Preliminary List of Claim Terms and Proposed Constructions, #14 Exhibit 14- 2014-06-10 Plaintiffs Responses to Millennium's Claim Constructions, #15 Exhibit 15- 2014-07-25 Plaintiffs Supplemental Responses to Claim Constructions, #16 Exhibit 16 - 2008-05-28 Response to Office Action (680 patent), #17 Exhibit 17 - 2010-02-23 Response to Office Action (895 patent), #18 Exhibit 18 - 2013-12-18 Rule 1.132 USPTO Larson Declaration (895 patent), #19 Exhibit 19 - 2014-01-15 Rule 1.132 Larson Declaration (680 patent), #20 Exhibit 20 - 2003-09-02 Larson email MCP0001010, #21 Exhibit 21 - 2004-01-19 Larson email MCP0000349-50, #22 Exhibit 22 - 2009-10-21 Larson email MCP0001355-61, #23 Exhibit 23 - Larson Article, #24 Exhibit 24 - 2009-02-25 Response to Office Action (680 patent), #25 Exhibit 25 - 2008-11-13 Response to Office Action (680 patent), #26 Exhibit 26 - O'Connor Article "Normative Data", #27 Exhibit 27 - US Provisional Patent Application 60/499,129, #28 Exhibit 28 - 2014-08-11 Millennium Answers to Second Set of Interrogatories, #29 Exhibit 29 - 2011-06-01 Bryan email MILLENNIUM-00091471-80, #30 Exhibit 30 - 2011-06-01 Bryan email MILLENNIUM-00091725-33, #31 Exhibit 31 - Selling Against Ameritox MILLENNIUM-00003224-25, #32 Exhibit 32 - 2011-08-05 Lang email AMX0003019-27, #33 Exhibit 33- 2011-07-18 Bryan email ML_PATENT-0000197-99, #34 Exhibit 34 - 2011-06-08 Strickland email ML_PATENT-0023656-58, #35 Exhibit 35 - "Interpreting the New RADAR Graphed Results" ML_PATENT-0009254-65, #36 Exhibit 36 - "Interpreting the New RADAR Graphed Results" ML_PATENT-0020942-53, #37 Exhibit 37 - Rule 1.132 USPTO Larson Declaration, #38 Exhibit 38 - 2011-06-01 Mikel email MILLENNIUM-00091486-94, #39 Exhibit 39 - meeting notification ML_PATENT-0012356-65, #40 Exhibit 40 - 2012-02-15 Ameritox Initial Disclosure of Infringement Contentions, #41 Exhibit 41 - 2013-09-13 Ameritox Initial Disclosure of Infringement Contentions, #42 Exhibit 42 - 2014-04-10 Plaintiffs Supplemental Infringement Contentions, #43 Exhibit 43 - George Article, #44 Exhibit 44 - Kreek Article, #45 Exhibit 45 - Larson Document) (Gregor, Jennifer) |
Filing 128 Declaration of Alan H. Wu filed by Defendant Millennium Laboratories, Inc. re: #126 Motion for Summary Judgment. (Hollman, Steven) |
Filing 127 Proposed Findings of Fact filed by Defendant Millennium Laboratories, Inc. re: #126 Motion for Summary Judgment. (Sealed Document) (Hollman, Steven) |
Filing 126 MOTION FOR SUMMARY JUDGMENT by Defendant Millennium Laboratories, Inc. Brief in Opposition due 10/31/2014. Brief in Reply due 11/10/2014. (Hollman, Steven) |
Filing 125 Motion to Amend/Correct - Consent Motion to Amend Caption by Defendant Millennium Laboratories, Inc. (Hollman, Steven) |
Filing 124 Deposition of Harry L. Leider, M.D. taken on June 7, 2011. (Sealed Document) (Gregor, Jennifer) |
Filing 123 Deposition of Charles Mikel, Ph.D. taken on March 23, 2012. (Sealed Document) (Gregor, Jennifer) |
Filing 122 Deposition of Amadeo Pesce, Ph. D. taken on February 10, 2012. (Sealed Document) (Gregor, Jennifer) |
Filing 121 Deposition of Amadeo Pesce, Ph. D. taken on November 10, 2011. (Sealed Document) (Gregor, Jennifer) |
Filing 120 Deposition of Charles C. Mikel taken on November 8, 2011. (Sealed Document) (Gregor, Jennifer) |
Filing 119 Deposition of Jennifer Strickland taken on July 8, 2011. (Sealed Document) (Gregor, Jennifer) |
Filing 118 Expert Report of Rebuttal Expert Dr. Paul Orsulak (Validity) by Defendant Millennium Laboratories, Inc. (Sealed Document) (Gregor, Jennifer) Modified on 10/14/2014. (lak) |
Filing 117 Opening Expert Report of Dr. Paul Orsulak (Infringement) by Defendant Millennium Laboratories, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Dr. Orsulak CV, #2 Exhibit B - Materials Considered, #3 Exhibit C - RADAR Report, #4 Exhibit D - Test Offerings - Millennium Labs, #5 Exhibit E - Ameritox Website, #6 Exhibit F - Millennium Labs Website., #7 Exhibit G - Millennium Labs Website, #8 Exhibit H - Millennium Laboratories - Customer Benefits Resources) (Gregor, Jennifer) Modified on 10/14/2014. (lak) |
Filing 116 Expert Report of Rebuttal Expert Dr. Alan Wu (Non-infringement) by Defendant Millennium Laboratories, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Updated CV, #2 Exhibit B - Additonal Materials Considered, #3 Exhibit C - 1-13-14 Millennium Press Release, #4 Exhibit D - Sample RADAR Report, #5 Exhibit E - Collin's English Dictionary, #6 Exhibit F - American Heritage College Dictionary, #7 Exhibit G - The Oxford American College Dictionary) (Gregor, Jennifer) Modified on 10/14/2014. (lak) |
Filing 115 Opening Expert Report of Dr. Alan Wu (Invalidity) by Defendant Millennium Laboratories, Inc. (Sealed Document) (Attachments: #1 Exhibit A - CV, #2 Exhibit B - Additional Materials Considered) (Gregor, Jennifer) Modified on 10/14/2014. (lak) |
Filing 114 Deposition of Michael Larson, Ph. D. taken on July 29, 2014 . (Sealed Document) (Gregor, Jennifer) |
Filing 113 ** TEXT ONLY ORDER **ORDER granting #112 Motion to Admit Mark T. Smith Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 7/8/2014. (lak) |
Filing 112 Motion to Admit Mark T. Smith Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1378544.) by Plaintiff Ameritox, Ltd. Motions referred to Magistrate Judge Stephen L. Crocker. (Smith, Mark) |
Filing 111 Notice of Appearance filed by Tiffany Patrice Cunningham for Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd. (Cunningham, Tiffany) |
Filing 110 ** TEXT ONLY ORDER ** #109 Stipulated Motion for Protective Order is accepted and entered. Signed by Magistrate Judge Stephen L. Crocker on 4/3/14. (jat) |
Filing 109 Stipulated Motion for Protective Order by Counter Defendant Ameritox, Ltd., Plaintiffs Ameritox, Ltd., Marshfield Clinic, Counter Claimant Millennium Laboratories, Inc., Defendant Millennium Laboratories, Inc.. (Wolinsky, Robert) |
Filing 108 Notice of Appearance of Kimberly K. Dodd filed by Kimberly Kristin Dodd for Plaintiff Marshfield Clinic (Dodd, Kimberly) |
Filing 107 Notice of Appearance of Naikang Tsao filed by Naikang Tsao for Plaintiff Marshfield Clinic (Tsao, Naikang) |
Filing 106 AMENDED COMPLAINT against Millennium Laboratories, Inc., filed by Marshfield Clinic, Ameritox, Ltd.. (Attachments: #1 Exhibit A: 7,585,680 Patent, #2 Exhibit B: 7,785,895 Patent, #3 Exhibit C: Sample Report) (Carmody, Matthew) |
Filing 105 ** TEXT ONLY ORDER **Plaintiff Ameritox, Ltd.'s unopposed motion to amend its complaint to join Marshfield Clinic as a plaintiff / counterdefendant (dkt. #103 ) is GRANTED. Party Marshfield Clinic added. Signed by District Judge William M. Conley on 3/4/2014. (voc) |
Action Requested: Counsel to electronically file Amended Complaint. (voc) |
Filing 104 Response Stating No Opposition by Defendant Millennium Laboratories, Inc. re: #103 Motion to Amend Complaint, filed by Ameritox, Ltd. to Requested Joinder of Marshfield, But Seeking Alternative Relief (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hollman, Steven) |
Filing 103 Motion to Amend #1 Complaint, To Join Third Party Marshfield Clinic As A Plaintiff / Counterdefendant by Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd.. Brief in Opposition due 2/3/2014. Brief in Reply due 2/10/2014. (Attachments: #1 Proposed Amended Complaint) (Carmody, Matthew) |
Filing 102 Pretrial Conference Order - Dispositive Motions due 10/10/2014. Settlement Letters due 2/27/2015. Motions in Limine due 3/6/2015. Response to Motion due 3/20/2015. Final Pretrial Conference set for 3/31/2015 at 04:00 PM. Jury Selection and Trial set for 4/13/2015 at 09:00 AM.. Signed by Magistrate Judge Stephen L. Crocker on 1/6/2014. (voc) |
Filing 101 Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 1/6/2014. (voc) |
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 1/3/2014 [:30] (cak) |
Filing 100 Notice of Appearance as to Attorney Jennifer L. Gregor filed by Jennifer Lynn Gregor for Defendant Millennium Laboratories, Inc. (Gregor, Jennifer) |
Filing 99 Joint Preliminary Pretrial Conference Report by Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd. (Carmody, Matthew) |
Filing 98 Notice of Appearance filed by David Edwin Jones for Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd. (Jones, David) |
Filing 97 Notice of Appearance filed by Timothy J. Carroll for Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd. (Carroll, Timothy) |
Filing 96 Notice of Appearance filed by Matthew F. Carmody for Counter Defendant Ameritox, Ltd., Plaintiff Ameritox, Ltd. (Carmody, Matthew) |
Filing 95 ** TEXT ONLY ORDER **ORDER granting #93 Motion to Admit Rebecca Cheryl Mandel Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 12/23/2013. (voc) |
Filing 94 Notice of Appearance filed by Douglas Maynard Poland for Defendant Millennium Laboratories, Inc. (Poland, Douglas) |
Filing 93 Motion to Admit Rebecca Cheryl Mandel Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1273676.) by Defendant Millennium Laboratories, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Mandel, Rebecca) |
Filing 92 ** TEXT ONLY ORDER **ORDER granting #90 Motion to Admit Bonnie Chen Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 12/20/2013. (voc) |
Filing 91 ** TEXT ONLY ORDER **ORDER granting #89 Motion to Admit Arlene L Chow Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 12/20/2013. (voc) |
Filing 90 Motion to Admit Bonnie Chen Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1273381.) by Counter Claimant Millennium Laboratories, Inc., Defendant Millennium Laboratories, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Chen, Bonnie) |
Filing 89 Motion to Admit Arlene L Chow Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1273377.) by Counter Claimant Millennium Laboratories, Inc., Defendant Millennium Laboratories, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Chow, Arlene) |
Set Telephone Pretrial/Status Conference: Telephone Pretrial Conference set for 1/3/2014 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc) |
Filing 88 Case transferred in from District of Maryland; Case Number 1:11-cv-01722. Original file certified copy of transfer order and docket sheet received. (rep) |
Filing 87 Transfer Letter to U.S. District Court for the Western District of Wisconsin (Attachments: #1 USPS Receipt) (c/m 11/25/13 bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 86 ORDER transferring case to the U.S. District Court for the Western District of Wisconsin. Signed by Judge Marvin J. Garbis on 11/22/13. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 85 MEMORANDUM AND ORDER granting #82 Motion to Transfer Case. Signed by Judge Marvin J. Garbis on 11/22/13. (bmhs, Deputy Clerk) Modified on 11/25/2013 (bmhs, Deputy Clerk). [Transferred from Maryland on 12/2/2013.] |
Filing 84 RESPONSE in Support re #82 MOTION to Transfer Case filed by Ameritox, Ltd.. Replies due by 11/18/2013. (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 83 RESPONSE in Opposition re #82 MOTION to Transfer Case filed by Millennium Laboratories, Inc.. Replies due by 11/4/2013. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 82 MOTION to Transfer Case by Ameritox, Ltd. Responses due by 10/18/2013 (Attachments: #1 Memo in Support)(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 81 ORDER to Counsel. Signed by Judge Marvin J. Garbis on 9/30/13. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Telephone Conference held on 9/30/2013 before Judge Marvin J. Garbis. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 80 ORDER to Counsel. Signed by Judge Marvin J. Garbis on 9/17/13. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 79 Correspondence re: Ameritox, Ltd.'s response to letter from counsel for Millennium Laboratories, Inc. dated September 10, 2013 (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 78 Substantive legal issues - addressing (Attachments: #1 Exhibit Email Chain Between Osterhoff and Wolinsky)(Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 77 THIRD REVISED SCHEDULING ORDER Signed by Judge Marvin J. Garbis on 8/1/13. (cags, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 76 NOTICE by Millennium Laboratories, Inc. That The USPTO Granted Millennium's Ex Parte Request for Reexamination of the '895 Patent (Attachments: #1 Exhibit 1 - Notice from the USPTO)(Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 75 Correspondence re: revised scheduling order (Attachments: #1 Revised Scheduling Order)(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 74 ORDER granting #72 Motion to Reopen Case and for Scheduling Conference; directing parties to file proposed scheduling order as set forth. Signed by Judge Marvin J. Garbis on 6/21/13. (dass, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 73 RESPONSE in Opposition re #72 MOTION to Reopen Case and For Scheduling Conference filed by Millennium Laboratories, Inc.. Replies due by 7/8/2013. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 72 MOTION to Reopen Case and For Scheduling Conference by Ameritox, Ltd. Responses due by 7/8/2013 (Attachments: #1 Exhibit A (895 Notice of Intent), #2 Exhibit B (680 Notice of Intent))(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 71 ORDER Staying and Administratively Closing Case Pending Related Proceedings. Signed by Judge Marvin J. Garbis on 4/1/13. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 70 STATUS REPORT (Joint) by Millennium Laboratories, Inc.. (Attachments: #1 Exhibit A)(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 69 MARGINAL ORDER approving #68 Status Report. Signed by Judge Marvin J. Garbis on 2/1/13. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 68 STATUS REPORT (JOINT) by Millennium Laboratories, Inc.. (Attachments: #1 Exhibit A)(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 67 MARGINAL ORDER approving #66 Joint Status Report. Signed by Judge Marvin J. Garbis on 12/17/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 66 STATUS REPORT (Joint) by Millennium Laboratories, Inc.. (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 65 MARGINAL ORDER approving #64 Joint Status Report. Signed by Judge Marvin J. Garbis on 10/31/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 64 STATUS REPORT (Joint) by Millennium Laboratories, Inc.. (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 63 MARGINAL ORDER approving #62 Notice of Withdrawal filed by Ameritox, Ltd. Signed by Judge Marvin J. Garbis on 10/16/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 62 NOTICE by Ameritox, Ltd. Notice of Withdrawal (Bensinger, Peter) [Transferred from Maryland on 12/2/2013.] |
Filing 61 ORDER CLARIFYING RECORD denying without prejudice #33 Motion for Joinder. Signed by Judge Marvin J. Garbis on 9/5/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 60 SECOND REVISED SCHEDULING ORDER. Signed by Judge Marvin J. Garbis on 7/11/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Telephone Conference held on 7/11/2012 before Judge Marvin J. Garbis. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 59 Correspondence re: grant of reexamination requests (Attachments: #1 Exhibit A, #2 Exhibit B)(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 58 Correspondence re: Court's Letter dated June 7 and 21, 2012 and Mr. Wolinsky's Letter dated June 14, 2012 (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 56 Joint Correspondence re: Schedule Modification (Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 57 ORDER granting #50 Motion to Seal. Signed by Judge Marvin J. Garbis on 6/27/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 55 ORDER to Counsel. Signed by Judge Marvin J. Garbis on 6/21/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 54 (FILED IN ERROR- PER ATTY) MOTION for Temporary Restraining Order In Support of, MOTION for Preliminary Injunction In Support pf by Ameritox, Ltd. Responses due by 7/2/2012 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Associated Cases: 1:10-cv-03327-BEL, 1:11-cv-01722-MJG(Ulwick, James) Modified on 6/14/2012 (aos, Deputy Clerk). [Transferred from Maryland on 12/2/2013.] |
Filing 53 Substantive legal issues - addressing (Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 52 ORDER to Counsel. Signed by Judge Marvin J. Garbis on 6/7/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 51 OPENING BRIEF (Public Version) by Millennium Laboratories, Inc.. Responses due by 6/4/2012 (Attachments: #1 Declaration of Steven Hollman, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 50 Consent MOTION to Seal Opening Claim Construction Brief by Millennium Laboratories, Inc. Responses due by 5/17/2012 (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 49 -SEALED- OPENING BRIEF Regarding Claim Construction by Millennium Laboratories, Inc.. Responses due by 6/4/2012 (Attachments: #1 Declaration of Steven Hollman, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 48 RESPONSE re #44 Joint Claim Construction Statement Ameritox's Claim Construction Brief filed by Ameritox, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Valaik, Michael) [Transferred from Maryland on 12/2/2013.] |
Filing 47 MARGINAL ORDER approving #37 Stipulation and Agreed Order Regarding Discovery. Signed by Judge Marvin J. Garbis on 4/24/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 46 MARGINAL ORDER approving #45 Stipulation filed by Millennium Laboratories, Inc.. Signed by Judge Marvin J. Garbis on 4/23/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 45 STIPULATION regarding supplementation by Millennium Laboratories, Inc.. (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 44 JOINT CLAIM CONSTRUCTION STATEMENT by Ameritox, Ltd., Millennium Laboratories, Inc.. (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 43 Correspondence re: Petitions for Reexamination (Attachments: #1 Exhibit A ('680 Reexam), #2 Exhibit B ('895 Reexam))(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 42 ORDER granting #41 Motion to Seal. Signed by Judge Marvin J. Garbis on 3/9/12. (apl, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 41 Consent MOTION to Seal Reply in further support of Motion to Join Marshfield Clinic by Millennium Laboratories, Inc. Responses due by 3/26/2012 (Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 40 -SEALED-REPLY to Response to Motion re #33 MOTION for Joinder of Marshfield Clinic filed by Millennium Laboratories, Inc.. (Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 39 ORDER granting #38 Motion to Seal. Signed by Judge Marvin J. Garbis on 2/24/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 38 MOTION to Seal Response in Opposition #36 re #33 Motion for Joinder of Marshfield Clinic by Ameritox, Ltd. Responses due by 3/12/2012 (Attachments: #1 Text of Proposed Order)(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 37 STIPULATION And Agreed Order Regarding Discovery by Millennium Laboratories, Inc.. (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 36 -SEALED-RESPONSE in Opposition re #33 MOTION for Joinder of Marshfield Clinic filed by Ameritox, Ltd.. Replies due by 3/9/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 35 REVISED SCHEDULING ORDER. Signed by Judge Marvin J. Garbis on 2/15/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 34 ORDER granting #32 Motion to Seal. Signed by Judge Marvin J. Garbis on 2/7/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 33 -SEALED- MOTION for Joinder of Marshfield Clinic by Millennium Laboratories, Inc. Responses due by 2/24/2012 (Attachments: #1 Exhibit 1 (License Agreement), #2 Exhibit 2 (Research and Development Agreement))(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 32 Consent MOTION to Seal Motion to Join by Millennium Laboratories, Inc. Responses due by 2/24/2012 (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 31 MARGINAL ORDER approving #29 Stipulation and Agreed Order Regarding Documents. Signed by Judge Marvin J. Garbis on 2/3/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 30 Correspondence re: Responding to Millenium's letter to the Court proposing changes to the Scheduling Order (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 29 STIPULATION and Agreed Order Regarding Documents by Millennium Laboratories, Inc.. (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Telephone Conference held on 1/24/2012 before Judge Marvin J. Garbis. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Telephone Conference held on 1/23/2012 before Judge Marvin J. Garbis. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 28 Correspondence re: joinder deadline (Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 27 MEMORANDUM to Counsel. Signed by Judge Benson Everett Legg on 1/11/12. (bmhs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Case reassigned to Judge Marvin J. Garbis. Judge Benson Everett Legg no longer assigned to the case. (cag, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 26 Correspondence re: motion for joinder deadline (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 25 PAPERLESS ORDER granting #24 Motion to Appear Pro Hac Vice for attorney Arlene L. Chow on behalf of Millennium Laboratories, Inc. Directing attorney Arlene L. Chow to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp Signed by Clerk on 01/05/12. (nrm, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 24 MOTION to Appear Pro Hac Vice for Arlene L. Chow ( Filing fee $ 50, receipt number 0416-3308987.) by Millennium Laboratories, Inc. (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 23 Correspondence re: Proposed Case Schedule (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 22 Correspondence re: Ameritox's response to Millennium's request for changes to Scheduling Order (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 21 Correspondence re: Proposed Schedule for the Case (Wolinsky, Robert) [Transferred from Maryland on 12/2/2013.] |
Filing 20 PAPERLESS ORDER granting #19 Motion to Appear Pro Hac Vice for attorney Michael J Valaik on behalf of Ameritox Ltd. Directing attorney Michael J Valaik to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 11/17/11. (cmns, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 19 MOTION to Appear Pro Hac Vice for Michael J. Valaik on behalf of plaintiff Ameritox ( Filing fee $ 50, receipt number 0416-3249149.) by Ameritox, Ltd. (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 18 NOTICE by Ameritox, Ltd. of Initial Disclosure of Asserted Claims (Attachments: #1 Exhibit A)(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 17 Correspondence re: the Court's letter of October 21, 2011 (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 16 SCHEDULING ORDER: Status Report due by 3/1/2012. Signed by Judge Benson Everett Legg on 10/21/11. (Attachments: #1 Cover Letter, #2 Standing Order on Discovery)(bmh, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 15 ANSWER to #5 Answer to Complaint, Counterclaim Reply of Plaintiff/Counterdefendant Ameritox, Ltd., to Defendant/Counterclaimant Milliennium Laboratories, Inc.'s Counterclaims by Ameritox, Ltd..(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 14 PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice for attorney Peter B. Bensinger, Jr. on behalf of Ameritox, Ltd. Directing attorney Peter B. Bensinger, Jr. to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp Signed by Clerk on 9/8/11. (nrm, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 13 MOTION to Appear Pro Hac Vice for Peter B. Bensinger, Jr. as counsel for plaintiff Ameritox, Ltd. ( Filing fee $ 50, receipt number 0416-3151898.) by Ameritox, Ltd. (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 12 PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice for attorney Michael R. Osterhoff on behalf of Ameritox, Ltd. Directing attorney Michael R. Osterhoff to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp Signed by Clerk on 8/31/11. (nrm, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 11 PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice for attorney Adam Louis Marchuk on behalf of Ameritox, Ltd. Directing attorney Adam Louis Marchuk to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp Signed by Clerk on 8/31/11. (nrm, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 10 PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice for attorney Matthew W. Brewer on behalf of Ameritox, Ltd. Directing attorney Matthew W. Brewer to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp Signed by Clerk on 8/31/11. (nrm, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 9 MOTION to Appear Pro Hac Vice for Michael R. Osterhoff as counsel for plaintiff Ameritox, Ltd. ( Filing fee $ 50, receipt number 0416-3141930.) by Ameritox, Ltd. (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 8 MOTION to Appear Pro Hac Vice for Adam L. Marchuk as counsel for plaintiff Ameritox, Ltd. ( Filing fee $ 50, receipt number 0416-3141903.) by Ameritox, Ltd. (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 7 MOTION to Appear Pro Hac Vice for Matthew W. Brewer as counsel for plaintiff Ameritox, Ltd. ( Filing fee $ 50, receipt number 0416-3141857.) by Ameritox, Ltd. (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 6 Local Rule 103.3 Disclosure Statement by Millennium Laboratories, Inc. identifying Corporate Parent Millennium Lab Holdings, Inc. for Millennium Laboratories, Inc... (Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 5 ANSWER to #1 Complaint, and Affirmative Defenses, COUNTERCLAIM against Ameritox, Ltd. by Millennium Laboratories, Inc..(Hollman, Steven) [Transferred from Maryland on 12/2/2013.] |
Filing 4 Local Rule 103.3 Disclosure Statement by Ameritox, Ltd. identifying Corporate Parent Ameritox Holdings, LLC for Ameritox, Ltd... (Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
Filing 3 Correspondence mailed to the Director of the U.S. Patent and Trademark Office (ljs, Deputy Clerk) (ljs, Deputy Clerk). [Transferred from Maryland on 12/2/2013.] |
Filing 2 Summons Issued 21 days as to Millennium Laboratories, Inc.. (ljs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Case reassigned to Judge Benson Everett Legg. Judge James K. Bredar no longer assigned to the case. (ljs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Deficiency Notice as to Ameritox. Ltd.,. Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 7/5/2011 (ljs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Jury Trial Demand by Ameritox, Ltd.. (ljs, Deputy Clerk) [Transferred from Maryland on 12/2/2013.] |
Filing 1 COMPLAINT against Millennium Laboratories, Inc. ( Filing fee $ 350 receipt number 0416-3052717.), filed by Ameritox, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet, #5 Summons in a Civil Action)(Ulwick, James) [Transferred from Maryland on 12/2/2013.] |
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