BioSpyder Technologies Incorporated v. HTG Molecular Diagnostics Incorporated
| BioSpyder Technologies Incorporated |
| HTG Molecular Diagnostics Incorporated |
| Bruce Seligmann, CellSensus Incorporated and Mitseljung Discovery and Diagnostics LLC |
| 4:2021cv00034 |
| January 26, 2021 |
| US District Court for the District of Arizona |
| Tucson Division Office |
| Raner C Collins |
| Property Rights: Patent |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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Filing 59
NOTICE re: Non-opposition by HTG Molecular Diagnostics Incorporated re: #57 First MOTION for Extension of Time Extend Certain Deadlines . (Frei, Ryan)
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Filing 58
MOTION to Substitute Attorney with consent by BioSpyder Technologies Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order)(Bernheim, Robert)
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Filing 57
First MOTION for Extension of Time Extend Certain Deadlines by BioSpyder Technologies Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order)(Bernheim, Robert)
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Filing 56
SERVICE EXECUTED filed by HTG Molecular Diagnostics Incorporated: Affidavit of Service re: Summons; First Amended Answer and Counterclaims and Exhibits 1-8 thereto; Order Granting HTG's Unopposed Motion to Seal and Redact Amended Answer and Counterclaims and Exhibits upon Mitseljung Discovery and Diagnostics, LLC on March 1, 2021. (Davis, Scott)
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Filing 55
SERVICE EXECUTED filed by HTG Molecular Diagnostics Incorporated: Declaration of Service re: Summons; First Amended Answer and Counterclaims and Exhibits 1-8 thereto; Order Granting HTG's Unopposed Motion to Seal and Redact Amended Answer and Counterclaims and Exhibits upon CellSensus, Inc. on March 2, 2021. (Davis, Scott)
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Filing 54
SERVICE EXECUTED filed by HTG Molecular Diagnostics Incorporated: Affidavit of Service re: Summons; First Amended Answer and Counterclaims and Exhibits 1-8 thereto; Order Granting HTG's Unopposed Motion to Seal and Redact Amended Answer and Counterclaims and Exhibits upon Bruce Seligmann on March 1, 2021. (Davis, Scott)
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Filing 53
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Robert Alan Bernheim. (Bernheim, Robert)
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Filing 52
Summons Issued as to CellSensus Incorporated, Mitseljung Discovery and Diagnostics LLC, Bruce Seligmann. (Attachments: #1 Summons, #2 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 51
AMENDED ANSWER to Complaint with Jury Demand and COUNTERCLAIM against BioSpyder Technologies Incorporated, Bruce Seligman, Mitseljung Discovery and Diagnostics LLC, CellSensus Incorporated by HTG Molecular Diagnostics Incorporated. (Attachments: #1 Exhibit 2, #2 Exhibit 6)(KAH)
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Filing 50
ORDER granting #43 Motion to Seal Document. The Clerk of the Court shall file Defendants first Amended Answer under seal. Signed by Senior Judge Raner C Collins on 2/23/21. (KAH)
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Filing 49
SUMMONS Submitted by HTG Molecular Diagnostics Incorporated. (Attachments: #1 Summons, #2 Summons)(Davis, Scott)
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Filing 48
NOTICE TO FILER OF DEFICIENCY re: #47 Summons Submitted filed by HTG Molecular Diagnostics Incorporated. Summons missing attorney information. FOLLOW-UP ACTION REQUIRED: Please refile with attorney information on bottom of summons form. Please submit corrected forms using the following: Civil, Amended Pleadings and Service, Service of Process, Summons Submitted. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE)
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Filing 47
SUMMONS Submitted by HTG Molecular Diagnostics Incorporated. (Attachments: #1 Summons, #2 Summons)(Davis, Scott)
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Filing 46
Additional Attachments to Main Document re: #45 Notice (Other) Exhibits 1, 3-5, 7 and 8 to the First Amended Answer and Counterclaims by Defendant HTG Molecular Diagnostics Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 7, #6 Exhibit 8)(Davis, Scott)
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Filing 45
NOTICE re: of Filing First Amended Answer and Counterclaims by HTG Molecular Diagnostics Incorporated re: #44 Sealed Lodged Proposed Document, #43 MOTION to Seal Document (Unopposed) . (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Scott)
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Filing 44
FILED at (Doc. #51 ) SEALED LODGED Proposed First Amended Answer and Counterclaims, and Exhibits 2 and 6 thereto re: #43 MOTION to Seal Document (Unopposed). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by HTG Molecular Diagnostics Incorporated. (Attachments: #1 Exhibit 2, #2 Exhibit 6)(Davis, Scott) Modified on 2/24/2021 (KAH).
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Filing 43
MOTION to Seal Document (Unopposed) by HTG Molecular Diagnostics Incorporated. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Davis, Scott)
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Remark: Pro hac vice motion(s) granted for Elham Firouzi Steiner on behalf of Plaintiff BioSpyder Technologies Incorporated, Counter Defendant BioSpyder Technologies Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for James Patrick Healy Stephens on behalf of Plaintiff BioSpyder Technologies Incorporated, Counter Defendant BioSpyder Technologies Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Out of state attorney Joshua Alan Chester Mack terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 42
Corporate Disclosure Statement by BioSpyder Technologies Incorporated. (Bernheim, Robert)
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Filing 41
NOTICE of Service of Discovery filed by BioSpyder Technologies Incorporated. (Bernheim, Robert)
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Filing 40
Corporate Disclosure Statement by HTG Molecular Diagnostics Incorporated. (Korn, Sivan)
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Filing 39
NOTICE of Appearance by Sivan Rebecca Korn on behalf of HTG Molecular Diagnostics Incorporated. (Korn, Sivan)
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Remark: Pro hac vice motion(s) granted for Scott E Davis on behalf of Counter Claimant HTG Molecular Diagnostics Incorporated, Defendant HTG Molecular Diagnostics Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Ryan Lynn Frei on behalf of Counter Claimant HTG Molecular Diagnostics Incorporated, Defendant HTG Molecular Diagnostics Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Douglas H Carsten on behalf of Plaintiff BioSpyder Technologies Incorporated, Counter Defendant BioSpyder Technologies Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 38
NOTICE of Appearance by Robert Alan Bernheim on behalf of BioSpyder Technologies Incorporated. (Bernheim, Robert)
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Filing 37
*Notice of Filing - Copyright, Trademark or Patent Information by Plaintiff BioSpyder Technologies Incorporated. (Bernheim, Robert) *Modified to correct event type on 2/4/2021 (MYE).
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Filing 36
ORDERED that a Case Management Conference is set for Tuesday, April 06, 2021 at 10:20 a.m. A party may appear telephonically by contacting chambers or by including the information in the Joint Case Management Report on or before Tuesday, March 30, 2021. The parties are directed to meet and confer at least twenty-one (21) days before the Case Management Conference. The parties shall file a Joint Case Management Report with the Court no later than seven (7) days prior to the Case Management Conference. Signed by Senior Judge Raner C Collins on 2/1/2021. (See Order for complete details)(ARC)
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Filing 35
MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121)(DLC)
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Filing 34
NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to HTG Molecular Diagnostics Incorporated. (DLC)
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Filing 33
Notice to the Northern District of California advising of receipt of 5:20-cv-05607-EJD, case transferred. (DLC)
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Filing 32
This case has been assigned to the Honorable Raner C Collins. All future pleadings or documents should bear the correct case number: CV-21-34-TUC-RCC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC)
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Filing 31
CASE TRANSFERRED IN from District of California Northern; Case Number 5:20-cv-05607 . Original file certified copy of transfer order and docket sheet received
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Filing 30
Order Granting #19 Motion to Transfer Venue. Signed by Judge Edward J. Davila on 01/25/2021. (ejdlc2S, COURT STAFF) (Filed on 1/25/2021) [Transferred from cand on 1/26/2021.]
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Filing 29
Joint Discovery Letter Brief filed by HTG Molecular Diagnostics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Scott) (Filed on 1/21/2021) [Transferred from cand on 1/26/2021.]
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Filing 28
(Text Only) CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Transfer Case (Docket Item No. #19 ) before Judge Edward J. Davila previously noticed for 1/28/2021 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 1/28/2021 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 1/20/2021) [Transferred from cand on 1/26/2021.]
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Filing 27
OBJECTIONS to re #24 Reply to Opposition/Response,, by BioSpyder Technologies, Inc.. (Carsten, Douglas) (Filed on 11/25/2020) [Transferred from cand on 1/26/2021.]
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Filing 26
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 12/3/2020 is CONTINUED to 3/4/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. Updated Joint Case Management Statement due by 2/22/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 11/23/2020) [Transferred from cand on 1/26/2021.]
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Filing 25
JOINT CASE MANAGEMENT STATEMENT filed by BioSpyder Technologies, Inc.. (Carsten, Douglas) (Filed on 11/23/2020) [Transferred from cand on 1/26/2021.]
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Filing 24
REPLY (re #19 MOTION to Transfer Case ) filed byHTG Molecular Diagnostics, Inc.. (Attachments: #1 Declaration of John Lubniewski in support of HTG's Motion to Transfer, #2 Declaration of Scott E. Davis in support of HTG's Motion to Transfer, #3 Exhibit 1 to Declaration of Scott E. Davis, #4 Exhibit 2 to Declaration of Scott E. Davis, #5 Exhibit 3 to Declaration of Scott E. Davis, #6 Exhibit 4 to Declaration of Scott E. Davis, #7 Exhibit 5 to Declaration of Scott E. Davis)(Davis, Scott) (Filed on 11/19/2020) [Transferred from cand on 1/26/2021.]
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Filing 23
OPPOSITION/RESPONSE (re #19 MOTION to Transfer Case ) filed byBioSpyder Technologies, Inc.. (Attachments: #1 Declaration of Joshua Mack, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Bruce Seligmann, Ph.D.)(Carsten, Douglas) (Filed on 11/12/2020) [Transferred from cand on 1/26/2021.]
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Filing 22
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Davis, Scott) (Filed on 11/12/2020) [Transferred from cand on 1/26/2021.]
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Filing 21
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mack, Joshua) (Filed on 11/12/2020) [Transferred from cand on 1/26/2021.]
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Filing 20
Declaration of Mung Conway in Support of #19 MOTION to Transfer Case filed byHTG Molecular Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Related document(s) #19 ) (Davis, Scott) (Filed on 10/28/2020) [Transferred from cand on 1/26/2021.]
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Filing 19
MOTION to Transfer Case filed by HTG Molecular Diagnostics, Inc.. Motion Hearing set for 1/28/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 11/12/2020. Replies due by 11/19/2020. (Attachments: #1 Declaration of John Lubniewski, #2 Proposed Order)(Davis, Scott) (Filed on 10/28/2020) [Transferred from cand on 1/26/2021.]
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Filing 18
ANSWER TO COUNTERCLAIM PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM byBioSpyder Technologies, Inc.. (Mack, Joshua) (Filed on 9/29/2020) [Transferred from cand on 1/26/2021.]
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Filing 17
Refund Status re #16 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 9/24/2020) [Transferred from cand on 1/26/2021.]
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Filing 16
Application for Refund, Receipt Number 0971-14807344 and 0971-14807526 by BioSpyder Technologies, Inc.. (Carsten, Douglas) (Filed on 9/21/2020) [Transferred from cand on 1/26/2021.]
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Filing 15
NOTICE of Appearance by Ryan L. Frei (Frei, Ryan) (Filed on 9/11/2020) [Transferred from cand on 1/26/2021.]
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Filing 14
Certificate of Interested Entities by HTG Molecular Diagnostics, Inc. (Davis, Scott) (Filed on 9/8/2020) [Transferred from cand on 1/26/2021.]
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Filing 13
ANSWER to Complaint with Jury Demand , COUNTERCLAIM for Infringement of U.S. Patent No. 8,741,564 against BioSpyder Technologies, Inc. byHTG Molecular Diagnostics, Inc.. (Davis, Scott) (Filed on 9/8/2020) [Transferred from cand on 1/26/2021.]
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Filing 12
(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 11/23/2020. Initial Case Management Conference set for 12/3/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 8/26/2020) [Transferred from cand on 1/26/2021.]
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 8/26/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 8/26/2020) [Transferred from cand on 1/26/2021.]
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Filing 10
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 8/26/2020) [Transferred from cand on 1/26/2021.]
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Filing 8
CERTIFICATE OF SERVICE by BioSpyder Technologies, Inc. (Mack, Joshua) (Filed on 8/18/2020) [Transferred from cand on 1/26/2021.]
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Filing 7
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/3/2020. Initial Case Management Conference set for 11/10/2020 01:30 PM. Please check online calendar for courtroom assignment. (bnsS, COURT STAFF) (Filed on 8/13/2020) [Transferred from cand on 1/26/2021.]
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Filing 6
Summons Issued as to HTG Molecular Diagnostics, Inc. (ecgS, COURT STAFF) (Filed on 8/13/2020) [Transferred from cand on 1/26/2021.]
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Filing 5
Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/27/2020. (haS, COURT STAFF) (Filed on 8/13/2020) [Transferred from cand on 1/26/2021.]
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Filing 4
Rule 7.1 Disclosures by BioSpyder Technologies, Inc. and Certificate of Interested Entities or Persons (Carsten, Douglas) (Filed on 8/12/2020) [Transferred from cand on 1/26/2021.]
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Filing 3
REPORT on the filing or determination of an action regarding patent (cc: form mailed to register). (Carsten, Douglas) (Filed on 8/12/2020) [Transferred from cand on 1/26/2021.]
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Filing 2
Proposed Summons. (Carsten, Douglas) (Filed on 8/12/2020) [Transferred from cand on 1/26/2021.]
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Filing 1
COMPLAINT FOR DECLARATORY JUDGMENT OF NONINFRINGEMENT against HTG Molecular Diagnostics, Inc. ( Filing fee $ 400, receipt number 0971-14807579.). Filed byBioSpyder Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Civil Cover Sheet)(Carsten, Douglas) (Filed on 8/12/2020) Modified on 8/13/2020 (bnsS, COURT STAFF). [Transferred from cand on 1/26/2021.]
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