Alfred E. Mann Foundation For Scientific Research v. Cochlear Corporation et al
| Advanced Bionics, LLC and Alfred E. Mann Foundation For Scientific Research |
| Cochlear Corporation and Cochlear Ltd |
| Gale Peterson |
| 2:2007cv08108 |
| December 13, 2007 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Stephen J Hillman |
| Fernando M Olguin |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.
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| Filing 665 REPLY in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs #649 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order Corrected Proposed Order)(Lyons, Michael) |
| Filing 664 REPLY in Support of NOTICE OF MOTION AND MOTION for Order for Prejudgment Interest #642 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Declaration of Michael J. Lyons, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Cate Elsten w/Attachment A)(Lyons, Michael) |
| Filing 663 SEALED DOCUMENT -- Exhibit 7 to Declaration of Bruce G. Chapman in Support of Defendants' Opposition to Plaintiffs' Motion for Prejudgment Interest [Dkt. 658-1] re Order on Motion for Leave to File Document Under Seal #662 filed by Defendants Cochlear Corporation, Cochlear Ltd.(Chapman, Bruce) |
Filing 662
ORDER GRANTING DEFENDANTS' UNOPPOSED APPLICATION #659 by Judge Fernando M. Olguin. (vdr)
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| Filing 661 OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs #649 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 660 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Defendants' Opposition to Plaintiffs' Motion for Prejudgment Interest under seal #659 filed by Defendants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Unredacted Document Exhibit L, #2 Certificate of Service)(Chapman, Bruce) |
| Filing 659 APPLICATION to file document in Support of Defendants' Opposition to Plaintiffs' Motion for Prejudgment Interest under seal filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order)(Chapman, Bruce) |
| Filing 658 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Prejudgment Interest #642 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Declaration of Bruce G. Chapman and Exhibits A-K, #2 Declaration of Lynsey N. Honegger and Exhibits 1-4)(Chapman, Bruce) |
| Filing 657 SEALED DOCUMENT Sealed Exhibits to Declarations of Michael J. Lyons, Daniel Grunfeld and David Wang in Support of Plaintiffs' Motion for Attorneys' Fees and Non-Taxable Costs re Order on Motion for Leave to File Document Under Seal #654 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 16 Part 1 of 3, #2 Exhibit 16 Part 2 of 3, #3 Exhibit 16 Part 3 of 3, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21 Part A, #9 Exhibit 21 Part B, #10 Exhibit 21 Part C, #11 Exhibit 21 Part D, #12 Exhibit 21 Part E, #13 Exhibit 21 Part F, #14 Exhibit Cover Sheet to Declaration of D. Grunfeld, #15 Exhibit 3 Part 1 of 4, #16 Exhibit 3 Part 2 of 4, #17 Exhibit 3 Part 3 of 4, #18 Exhibit 4 Part 4 of 4, #19 Exhibit Cover Sheet to Declaration of D. Wang, #20 Exhibit 1, #21 Exhibit 3)(Lyons, Michael) |
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Filing 656
ORDER AWARDING PLAINTIFF ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH'S TAXABLE COSTS #653 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 655 STATEMENT of Response to Plaintiff Alfred E. Mann Foundation for Scientific Research's APPLICATION to the Clerk to Tax Costs against Defendants Cochlear Corporation, Cochlear Ltd #641 filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
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Filing 654
ORDER GRANTING PLAINTIFFS' UNOPPOSED APPLICATION #647 TO FILE UNDER SEAL DOCUMENTS by Judge Fernando M. Olguin. (vdr)
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| Filing 653 Joint STIPULATION for Costs against Cochlear Corporation, Cochlear Ltd filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 652 PROOF OF SERVICE filed by Plaintiff Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research, re Sealed Declaration in SupportDeclaration,,, #648 served on November 21, 2018. (Lyons, Michael) |
| Filing 651 DECLARATION of John Petrovich in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs #649 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1)(Lyons, Michael) |
| Filing 650 DECLARATION of Daniel Grunfeld in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs #649 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit SEALED Ex. 3 Placeholder, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Lyons, Michael) |
| Filing 649 NOTICE OF MOTION AND MOTION for Attorney Fees and Non-Taxable Costs filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 12/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Michael J. Lyons, #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, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit SEALED Exs. 16-21 Placeholder, #18 Exhibit 22, #19 Exhibit 23, #20 Exhibit 24, #21 Exhibit 25, #22 Exhibit 26, #23 Exhibit 27, #24 Exhibit 28, #25 Exhibit 29, #26 Exhibit 30, #27 Exhibit 31, #28 Exhibit 32, #29 Exhibit 33, #30 Exhibit 34, #31 Exhibit 35, #32 Exhibit 36, #33 Exhibit 37, #34 Declaration of David Wang, #35 Exhibit SEALED Exs. 1 and 3 Placeholder, #36 Exhibit 2, #37 Exhibit 4, #38 Exhibit 5, #39 Exhibit 6, #40 Exhibit 7, #41 Exhibit 8, #42 Exhibit 9, #43 Proposed Order) (Attorney Michael J Lyons added to party Advanced Bionics, LLC(pty:pla)) (Lyons, Michael) |
| Filing 648 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits in Support of Plaintiffs' Motion for Attorneys' Fees and Non-Taxable Costs under seal #647 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 16-1 to Lyons Dec, #2 Exhibit 16-2 to Lyons Dec, #3 Exhibit 16-3 to Lyons Dec, #4 Exhibit 17 to Lyons Dec, #5 Exhibit 18 to Lyons Dec, #6 Exhibit 19 to Lyons Dec, #7 Exhibit 20 to Lyons Dec, #8 Exhibit 21-A to Lyons Dec, #9 Exhibit 21-B to Lyons Dec, #10 Exhibit 21-C to Lyons Dec, #11 Exhibit 21-D to Lyons Dec, #12 Exhibit 21-E to Lyons Dec, #13 Exhibit 21-F to Lyons Dec, #14 Exhibit 1 to Wang Dec, #15 Exhibit 3 to Wang Dec, #16 Exhibit 3-1 to Grunfeld Dec, #17 Exhibit 3-2 to Grunfeld Dec, #18 Exhibit 3-3 to Grunfeld Dec, #19 Exhibit 3-4 to Grunfeld Dec)(Lyons, Michael) |
| Filing 647 APPLICATION to file document Exhibits in Support of Plaintiffs' Motion for Attorneys' Fees and Non-Taxable Costs under seal filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 646 DECLARATION of Cate Elsten in Support of NOTICE OF MOTION AND MOTION for Order for Prejudgment Interest #642 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Attachment A)(Lyons, Michael) |
| Filing 645 DECLARATION of Farah Boroomand in Support of NOTICE OF MOTION AND MOTION for Order for Prejudgment Interest #642 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 644 DECLARATION of Michael J. Lyons in Support of NOTICE OF MOTION AND MOTION for Order for Prejudgment Interest #642 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lyons, Michael) |
| Filing 643 APPLICATION to the Clerk to Tax Costs against Defendant Cochlear Corporation filed by Plaintiff Advanced Bionics, LLC. (Attachments: #1 Declaration of David E. Wang in Support of Advanced Bionic's Bill of Costs, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Index to Attachments to Application to Tax Costs) (Wang, David) |
| Filing 642 NOTICE OF MOTION AND MOTION for Order for Prejudgment Interest filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 12/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Lyons, Michael) |
| Filing 641 APPLICATION to the Clerk to Tax Costs against Defendants Cochlear Corporation, Cochlear Ltd filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Declaration of Michael J. Lyons, #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) (Lyons, Michael) |
| Filing 640 Supersedeas BOND in the amount of $ 335,071,347.50 posted by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd (Attachments: #1 Declaration of G. Gionas Re LR 65-3, #2 Signed Application for Approval of Bond and Certification of Attorney LR 65-5) (Chapman, Bruce) |
| Filing 639 Joint STIPULATION to Clarify Amount of Supersedeas Bond for Stay Pending Appeal, Re: Judgment,, #636 , filed by Defendants Cochlear Corporation, Cochlear Ltd.(Chapman, Bruce) |
| Filing 638 NOTIFICATION from Federal Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-1201 assigned to Notice of Appeal to Federal Circuit Court of Appeals #637 as to Defendant Cochlear Corporation. (iv) |
| TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals #637 . (mat) |
| Filing 637 NOTICE OF APPEAL to the Federal Circuit Court of Appeals filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Appeal of Judgment,, #636 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22727579.) (Chapman, Bruce) |
| Filing 636 JUDGMENT by Judge Fernando M. Olguin. Plaintiffs are hereby awarded compensatory damages against Cochlear in the amount of $134,028,539, comprised of the jury award of $131,216,325 and supplemental damages of $2,812,214. Plaintiffs' compensatory damages against Cochlear are hereby enhanced by the additional amount of $134,028,539, such that plaintiffs are hereby awarded combined compensatory and enhanced damages against Cochlear in the amount of $268,057,078. (MD JS-6, Case Terminated). (iv) |
| Filing 635 NOTICE OF LODGING filed Plaintiffs' Notice of Lodging of Proposed Final Judgment re Order on Motion for Judgment,,,, Order on Motion for Judgment as a Matter of Law,,,, Order on Motion to Strike,,,, Order on Motion for Ruling,,, #634 (Attachments: #1 Exhibit A - Proposed Final Judgment)(Lyons, Michael) |
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Filing 634
ORDER RE: PENDING MOTIONS by Judge Fernando M. Olguin. Defendant's Renewed Motion for Judgment as a Matter of Law of No Infringement of Claim 1 of the '616 Patent #580 is denied. Plaintiff's Motion for Judgment Entering the Jury's Damages Award #579 is granted. The jury's damages award is hereby reinstated. Cochlear shall pay supplemental damages to plaintiff in the amount of $2,812,214, for 1/1/2014, to 3/11/2014. Plaintiff's Motion for Enhanced Damages #602 is granted. The jury's damages award, including the supplemental damages, shall be doubled. Plaintiff's Motion to Strike Defendant's Supplemental Brief Regarding Damages from 1/1/2014 to 3/11/2014 #616 is granted. Page 2, line 18 (beginning with the sentence, The parties could not....) through page 5, line 7 of defendant's Supplemental Brief #610 is hereby stricken. (vdr)
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| Filing 633 Joint REQUEST for Ruling Pending Motions Pursuant to Local Rule 83-9.4 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
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Filing 632
MINUTES (IN CHAMBERS) ORDER RE: JOINT REQUEST FOR DECISION PURSUANT TO LOCAL RULE 83-9 by Judge Fernando M. Olguin. The court hopes and intends to issue its decision relating to the subject motions no later than October 31, 2018. (iv)
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Filing 631
MINUTES (IN CHAMBERS) ORDER RE: JOINT REQUEST FOR DECISION PURSUANT TO LOCAL RULE 83-9 by Judge Fernando M. Olguin. The court hopes and intends to issue its decision relating to the subject motions no later than September 30, 2018. (iv)
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Filing 630
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. The court hopes and intends to issue its decision relating to the pending motions no later than 8/31/2018. (vdr)
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Filing 629
MINUTES (IN CHAMBERS) ORDER RE: JOINT REQUEST FOR DECISION PURSUANT TO LOCAL RULE 83-9 by Judge Fernando M. Olguin. Due to the court's caseload and congestion in the court's calendar, the court hopes and intends to issue its decision relating to the subject motions no later than July 31, 2018. (iv)
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Filing 628
MINUTES (IN CHAMBERS) ORDER RE: JOINT REQUEST FOR DECISION PURSUANT TO LOCAL RULE 83-9 by Judge Fernando M. Olguin. Due to the court's caseload and congestion in the court's calendar, The court hopes and intends to issue its decision relating to the subject motions no later than June 30, 2018. (iv)
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Filing 627
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin: Pursuant to Local Rule 83-9.3, the parties are advised that the court expects to issue its decision relating to motions #579 , #580 , #602 , and #616 no later than 5/30/2018. (cw)
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| Filing 626 Notice of Appearance or Withdrawal of Counsel: for attorney Michael J Lyons counsel for Plaintiff Alfred E. Mann Foundation For Scientific Research. Daniel Grunfeld is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Alfred Mann Foundation for Scientific Research. (Lyons, Michael) |
| Filing 625 Joint REQUEST for Ruling Plaintiffs' Motion for Judgment Entering Jury's Damages Award #579 , Defendants' Motion for Renewed JMOL #580 , Plaintiffs' Motion for Enhanced Damages #602 and Plaintiffs' Motion to Strike Supplemental Damages Brief #616 filed by JOINT Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 624 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Strike #616 is taken off the 6/29/2017 calendar and placed under submission. No appearances are required on 6/29/2017. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 623 REPLY In Support of NOTICE OF MOTION AND MOTION to Strike Supplement(Motion related), #610 #616 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 622 OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Strike Supplement(Motion related), #610 #616 Regarding Calculation of Damages from Jan. 1, 2014 to March 11, 2014 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Declaration of Bruce G. Chapman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Chapman, Bruce) |
| Filing 621 DECLARATION of Michael J. Lyons In Support of NOTICE OF MOTION AND MOTION for Damages Plaintiffs' Motion for Enhanced Damages #602 attaching Replacement Exhibits 4 and 11 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 4 - Replacement, #2 Exhibit 11 - Replacement)(Lyons, Michael) |
| Filing 620 REPLY In Support of NOTICE OF MOTION AND MOTION for Damages Plaintiffs' Motion for Enhanced Damages #602 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 619 RESPONSE filed by Defendant Cochlear Ltd, Counter Claimant Cochlear Ltdto Notice (Other) #609 Regarding Calculation of 2014 Damages (Chapman, Bruce) |
| Filing 618 RESPONSE filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Researchto Supplement(Motion related), #610 (Attachments: #1 Exhibit A)(Lyons, Michael) |
| Filing 617 SEALED DOCUMENT Exhibits B, C, D, E, and F to Declaration of Bruce G. Chapman In Support of Defendants' Supplemental Brief Re Damages from January 1, 2014 to March 11, 2014 re Supplement(Motion related), #610 , Declaration, #614 , Order on Motion for Leave to File Document Under Seal #615 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F)(Chapman, Bruce) |
| Filing 616 NOTICE OF MOTION AND MOTION to Strike Supplement(Motion related), #610 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 6/29/2017 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit A, #2 Proposed Order) (Lyons, Michael) |
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Filing 615
ORDER GRANTING DEFENDANTS' APPLICATION #611 TO FILE UNDER SEAL DOCUMENTS by Judge Fernando M. Olguin. Defendants may file the requested exhibits under seal. (vdr)
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| Filing 614 DECLARATION of Bruce G. Chapman re Supplement(Motion related), #610 Regarding Damages from Jan. 1, 2014 to March 11, 2014 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 613 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Damages Plaintiffs' Motion for Enhanced Damages #602 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Declaration Bruce G. Chapman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V)(Chapman, Bruce) |
| Filing 612 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document IN SUPPORT OF DEFENDANTS' SUPPLEMENTAL BRIEF RE DAMAGES FROM JAN. 1, 2014 TO MARCH 11, 2014; MEMORANDUM OF POINTS AND AUTHORITIES under seal #611 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Unredacted Document Exhibit B, #2 Unredacted Document Exhibit C, #3 Unredacted Document Exhibit D, #4 Unredacted Document Exhibit E, #5 Unredacted Document Exhibit F, #6 Proof of Service)(Chapman, Bruce) |
| Filing 611 APPLICATION to file document IN SUPPORT OF DEFENDANTS' SUPPLEMENTAL BRIEF RE DAMAGES FROM JAN. 1, 2014 TO MARCH 11, 2014; MEMORANDUM OF POINTS AND AUTHORITIES under seal filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order)(Chapman, Bruce) |
| Filing 610 SUPPLEMENT BRIEF REGARDING DAMAGES FROM JANUARY 1, 2014 TO MARCH 11, 2014 PURSUANT TO MINUTE ORDER OF APRIL 13, 2017 [D.I. 593] filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Declaration of Bruce G. Chapman in Support & Exhibits A, G-K)(Chapman, Bruce) |
| Filing 609 NOTICE Re Calculation of 2014 Damages Pursuant to Civil Minute Order #593 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lyons, Michael) |
| Filing 608 SEALED DOCUMENT Exhibits 18-20, 22, and 26-28 to the Declaration of Michael J. Lyons In Support of Plaintiffs Motion for Enhanced Damages re Order on Motion for Leave to File Document Under Seal #607 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 18, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 22, #5 Exhibit 26, #6 Exhibit 27, #7 Exhibit 28)(Lyons, Michael) |
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Filing 607
ORDER GRANTING PLAINTIFFS' APPLICATION #600 TO FILE UNDER SEAL DOCUMENTS by Judge Fernando M. Olguin. (vdr)
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| Filing 606 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 18, 19, 20, 22, 26, 27, 28 to the Declaration of Michael J. Lyons in Support of Plaintiffs' Motion for Enhanced Damages under seal #600 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Unredacted Document Exhibit 18, #2 Unredacted Document Exhibit 19, #3 Unredacted Document Exhibit 20, #4 Unredacted Document Exhibit 22, #5 Unredacted Document Exhibit 26, #6 Unredacted Document Exhibit 27, #7 Unredacted Document Exhibit 28, #8 Proof of Service)(Lyons, Michael) |
| Filing 605 EXHIBIT 12-17, 21, 23-25, 29-50 to Declaration of Michael J. Lyons In Support of to NOTICE OF MOTION AND MOTION for Damages Plaintiffs' Motion for Enhanced Damages #602 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 21, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 25, #10 Exhibit 29, #11 Exhibit 30, #12 Exhibit 31, #13 Exhibit 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37, #19 Exhibit 38, #20 Exhibit 39, #21 Exhibit 40, #22 Exhibit 41, #23 Exhibit 42, #24 Exhibit 43, #25 Exhibit 44, #26 Exhibit 45, #27 Exhibit 46, #28 Exhibit 47, #29 Exhibit 48, #30 Exhibit 49, #31 Exhibit 50)(Lyons, Michael) |
| Filing 604 DECLARATION of Michael J. Lyons In Support of NOTICE OF MOTION AND MOTION for Damages Plaintiffs' Motion for Enhanced Damages #602 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (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)(Lyons, Michael) |
| Filing 603 DECLARATION of Farah Boroomand in Support of NOTICE OF MOTION AND MOTION for Damages Plaintiffs' Motion for Enhanced Damages #602 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 602 NOTICE OF MOTION AND MOTION for Damages Plaintiffs' Motion for Enhanced Damages filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order) (Lyons, Michael) |
| Filing 601 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 18, 19, 20, 22, 26, 27, 28 to the Declaration of Michael J. Lyons in Support of Plaintiffs' Motion for Enhanced Damages under seal #600 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Unredacted Document Exhibit 18, #2 Unredacted Document Exhibit 19, #3 Unredacted Document Exhibit 20, #4 Unredacted Document Exhibit 22, #5 Unredacted Document Exhibit 26, #6 Unredacted Document Exhibit 27, #7 Unredacted Document Exhibit 28, #8 Proof of Service)(Lyons, Michael) |
| Filing 600 APPLICATION to file document Exhibits 18, 19, 20, 22, 26, 27, 28 to the Declaration of Michael J. Lyons in Support of Plaintiffs' Motion for Enhanced Damages under seal filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order, #2 Proof of Service)(Lyons, Michael) |
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Filing 599
MINUTE (In Chambers) Order Re: Briefing of Willfulness by Judge Fernando M. Olguin: IT IS ORDERED THAT: No later than 5/11/2017, plaintiffs shall file their motion regarding defendants willful infringement. Defendants opposition is due no later than 5/25/2017. Any reply is due no later than 6/1/2017. (jp)
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| Filing 598 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Judgment Entering the Jury's Damages Award #579 and Renewed Motion for Judgment as a Matter of Law #580 are taken off the 4/27/2017 calendar and placed under submission. No appearances are required on 4/27/2017. An order with the court's rulings will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 597 NOTICE of Filing Supplemental Exhibits Pursuant to Civil Minute Order (Dkt. 593) filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Lyons, Michael) |
| Filing 596 SEALED DOCUMENT Corrected [Sealed] Exhibit I Declaration of Michael J. Lyons re Sealed Document, #594 , Order on Motion for Leave to File Document Under Seal #585 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proof of Service)(Lyons, Michael) |
| Filing 595 NOTICE OF FILING SUPPLEMENTAL EXHIBIT PURSUANT TO THE COURT'S CIVIL MINUTES ORDER (D.I. 593) filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 594 SEALED DOCUMENT Exhibits H-J to Declaration of Michael J. Lyons re Sealed Declaration in SupportDeclaration,, #583 , Order on Motion for Leave to File Document Under Seal #585 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Proof of Service)(Lyons, Michael) |
| Filing 593 MINUTES OF Status Conference held before Judge Fernando M. Olguin: Court and counsel confer as stated on the record. The court sets deadlines. *See Order for details.* Court Reporter: Lisa Gonzalez. (cw) |
| Filing 592 REPLY in Support of NOTICE OF MOTION AND MOTION for Judgment Entering the Jury's Damages Award #579 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 591 REPLY In Support of Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: NO INFRINGEMENT OF CLAIM 1 OF THE '616 PATENT #580 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 590 TRANSCRIPT ORDER as to Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd for Court Reporter. Court will contact Dori Dellisanti at DDellisanti@sheppardmullin.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Chapman, Bruce) |
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Filing 589
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #587 Non-Resident Attorney Bradley C. Graveline APPLICATION to Appear Pro Hac Vice on behalf of Defendants Cochlear Corporation and Cochlear Ltd, designating Bruce G. Chapman as local counsel. (lt)
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| Filing 588 STATEMENT Joint Status Conference Statement filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Gettleman, Jason) |
| Filing 587 APPLICATION of Non-Resident Attorney BRADLEY C. GRAVELINE to Appear Pro Hac Vice on behalf of Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19 670081) filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Affidavit of Good Standing for B. Graveline, #2 Proposed Order) (Chapman, Bruce) |
| Filing 586 Notice of Appearance or Withdrawal of Counsel: for attorney Bruce G Chapman counsel for Defendants Cochlear Corporation, Cochlear Ltd. MANISH K. MEHTA is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants COCHLEAR LTD. and COCHLEAR CORPORATION n/k/a COCHLEAR AMERICAS. (Chapman, Bruce) |
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Filing 585
ORDER GRANTING Plaintiffs Application #582 to Lodge Under Seal by Judge Fernando M. Olguin. (jp)
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| Filing 584 MEMORANDUM in Opposition to Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: NO INFRINGEMENT OF CLAIM 1 OF THE '616 PATENT #580 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Lyons, Michael) |
| Filing 583 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits H-J to the Declaration of Michael J. Lyons in Support of Plaintiffs' Application to Lodge Under Seal Documents in Support of Plaintiffs' Opposition to Defendants' Renewed JMOL of No Infringement582 filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Unredacted Document Exhibit H to Declaration of Michael J. Lyons, #2 Unredacted Document Exhibit I to Declaration of Michael J. Lyons, #3 Unredacted Document Exhibit J to Declaration of Michael J. Lyons)(Lyons, Michael) |
| Filing 582 APPLICATION to file document Exhibits H-J to the Declaration of Michael J. Lyons in Support of Plaintiffs' Application to Lodge Under Seal Documents in Support of Plaintiffs' Opposition to Defendants' Renewed JMOL of No Infringement under seal filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 581 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment Entering the Jury's Damages Award #579 filed by Defendants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Declaration of Bruce G. Chapman in Opposition Thereto, #2 Exhibit A, #3 Exhibit B, #4 Declaration C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Chapman, Bruce) |
| Filing 580 Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: NO INFRINGEMENT OF CLAIM 1 OF THE '616 PATENT filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 4/27/2017 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Chapman, Bruce) |
| Filing 579 NOTICE OF MOTION AND MOTION for Judgment Entering the Jury's Damages Award filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 4/27/2017 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Michael J. Lyons, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Proposed Order) (Lyons, Michael) |
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Filing 578
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #576 Non-Resident Attorney Manish Mehta APPLICATION to Appear Pro Hac Vice on behalf of Defendants Cochlear Corporation and Cochlear Ltd, designating Bruce G. Chapman as local counsel. (lt)
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| Filing 577 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Status Conference is hereby continued for hearing to 4/13/2017 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 576 APPLICATION of Non-Resident Attorney Manish K. Mehta to Appear Pro Hac Vice on behalf of Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-1955948 3) filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Affidavit /Certificates of Good Standing, #2 Proposed Order on Application of Non-Resident to Appear in A Specific Case Pro Hac Vice) (Chapman, Bruce) |
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Filing 575
MINUTES (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. The MOTION #574 for Judgment is stricken. (vdr)
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| Filing 574 NOTICE OF MOTION AND MOTION for Judgment Entering the Jury's Damages Award filed by Plaintiffs Advanced Bionics, LLC, Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 4/13/2017 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Michael J. Lyons, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Proposed Order) (Lyons, Michael) |
| Filing 573 NOTICE of Appearance filed by attorney Michael Francis Carr on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research (Attorney Michael Francis Carr added to party Alfred E. Mann Foundation For Scientific Research(pty:pla))(Carr, Michael) |
| Filing 572 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Status Conference previously set for 3/9/2017 is hereby continued to 4/6/2017 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
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Filing 571
ORDER by Judge Fernando M. Olguin GRANTING Request for Approval of Substitution of Attorney David E Wang on behalf of Advanced Bionics, LLC., in place and stead of Attorney Todd Matthew Malynn #570 . (jp)
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| Filing 570 REQUEST TO WITHDRAW ATTORNEY Todd Matthew Malynn as counsel of record filed by Involuntary Plaintiff/Defendant Advanced Bionics, LLC. (Attachments: #1 Proposed Order) (Malynn, Todd) |
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Filing 569
ORDER by Judge Fernando M. Olguin: The Request to Withdraw/Substitute Attorney #568 is GRANTED. Attorney David E. Wang is added as counsel for Advanced Bionics, LLC; attorney Gregory Byron Wood is terminated. (cw)
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| Filing 568 REQUEST TO WITHDRAW ATTORNEY Gregory Byron Wood as counsel of record filed by Plaintiff Advanced Bionics, LLC. (Attachments: #1 Proposed Order) (Wang, David) |
| Filing 567 Notice of Appearance or Withdrawal of Counsel: for attorney Bruce G Chapman counsel for Defendants Cochlear Corporation, Cochlear Ltd. MANUEL C. NELSON is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants and Counterclaimants COCHLEAR LTD. and COCHLEAR AMERICAS. (Chapman, Bruce) |
| Filing 566 Notice of Appearance or Withdrawal of Counsel: for attorney Bruce G Chapman counsel for Defendants Cochlear Corporation, Cochlear Ltd. DENNIS J. SMITH is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants and Counterclaimants COCHLEAR LTD. and COCHLEAR AMERICAS. (Chapman, Bruce) |
| Filing 565 NOTICE of Appearance filed by attorney Donald M Falk on behalf of Plaintiff Advanced Bionics, LLC (Attorney Donald M Falk added to party Advanced Bionics, LLC(pty:pla))(Falk, Donald) |
| Filing 564 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Status Conference is hereby continued for hearing to 3/9/2017 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 563 NOTICE of Change of firm name and address by David E. Wang attorney for Plaintiff Advanced Bionics, LLC. Changing firm name to Mayer Brown LLP and address to 3000 El Camino Real, Two Palo Alto Square, Suite 300, Palo Alto, CA 94306. Filed by Plaintiff Advanced Bionics, LLC. (Wang, David) |
| Filing 562 NOTICE of Appearance filed by attorney David E. Wang on behalf of Plaintiff Advanced Bionics, LLC (Attorney David E. Wang added to party Advanced Bionics, LLC(pty:pla))(Wang, David) |
| Filing 561 NOTICE of Change of firm name and address by Daniel Johnson, Jr attorney for Plaintiff Alfred E. Mann Foundation For Scientific Research. Changing firm name to DAN JOHNSON LAW GROUP, LLP and address to 400 Oyster Point Blvd., Suite 321, So. San Francisco, CA 94080. Filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Johnson, Daniel) |
| Filing 560 NOTICE of Appearance filed by attorney Daniel Johnson, Jr on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research (Johnson, Daniel) |
| Filing 559 NOTICE OF HEARING ON MANDATE #558 from USCA: Hearing on USCA Judgment-Mandate-Order set for 3/2/2017 at 10:00 AM before Judge Fernando M. Olguin. (MD JS-5 Case Reopened.) (jp) |
| Filing 558 MANDATE of Federal Circuit Court of Appeals filed re: NOTICE OF APPEAL to the Federal Circuit #550 , NOTICE OF APPEAL to the Federal Circuit #552 and NOTICE OF APPEAL to the Federal Circuit #553 , CCA # 2015-1580, 2015-1606, 2015-1607. [See USCA OPINION #557 AFFIRMED-IN-PART, REVERSED-IN-PART, VACATED-IN-PART, AND REMANDED](mat) |
| Filing 557 OPINION from Federal Circuit Court of Appeals filed. CCA # 15-1580, 15-1606, and 15-1607. For the reasons stated herein, we affirm-in-part, reverse- in-part, and vacate-in-part the district court's judgments and remand the case to the district court to proceed in accordance with the holdings discussed herein. AFFIRMED-IN-PART, REVERSED-IN-PART, VACATED-IN-PART, AND REMANDED (mat) |
| Filing 556 NOTICE of Change of address by Michael J Lyons attorney for Plaintiff Alfred E. Mann Foundation For Scientific Research. Changing attorneys address to 1400 Page Mill Road, Palo Alto, CA 94304. Filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 555 NOTIFICATION by Circuit Court of Appellate Docket Number 15-1607, Federal regarding Notice of Appeal to Federal Circuit Court of Appeals #553 as to Plaintiff Advanced Bionics, LLC. (mat) |
| Filing 554 NOTIFICATION by Circuit Court of Appellate Docket Number 15-1606, 9th Circuit regarding Notice of Appeal to Federal Circuit Court of Appeals #552 as to Plaintiff Alfred E. Mann Foundation For Scientific Research. (mat) |
| Filing 553 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Advanced Bionics, LLC. Appeal of Judgment,,,,, #548 (Appeal fee of $505 receipt number 0973-15623629 paid.) (Malynn, Todd) |
| TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals #553 . (mat) |
| TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals #552 (car) |
| Filing 552 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Appeal of Judgment,,,,, #548 (Appeal fee of $505 receipt number 0973-15599515 paid.) (Lyons, Michael) |
| Filing 551 NOTIFICATION by Circuit Court of Appellate Docket Number 15-1580, Federal Circuit regarding Notice of Appeal to Federal Circuit Court of Appeals #550 as to Defendant Cochlear Corporation, Cochlear Ltd. (car) |
| TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals #550 (mat) |
| Filing 550 NOTICE OF APPEAL to the Federal Circuit filed by Defendants/Counterclaimants Cochlear Corporation, Cochlear Ltd. Appeal of Judgment,,,,, #548 (Appeal fee of $505 receipt number 0973-15571319 paid.) (Chapman, Bruce) |
| Filing 549 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing). (Attachments: #1 Judgment) (jp) |
| Filing 548 JUDGMENT by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: (1) Judgment is entered in favor of Plaintiffs as to the infringement and validity of claim 10 of U.S. Patent No. 5,609,616. (2) Judgment is entered in favor of Plaintiffs as to: a. Defendants' affirmative defense of estoppel as to U.S. Patent No. 5,609,616 and U.S. Patent No. 5,938,691; b. Defendants affirmative defense of laches as to U.S. Patent No.5,609,616 and U.S. Patent No. 5,938,691; and c. Defendants' affirmative defense of inequitable conduct as to U.S. Patent No. 5,609,616. (3) Judgment is entered in favor of Defendants as to the invalidity of claim 1 of U.S. Patent No. 5,609,616. (4) Judgment is entered in favor of Defendants as to the invalidity of claims 6 and 7 of U.S. Patent No. 5,938,691. (5) Judgment is entered in favor of Defendants as to the willful infringement of U.S. Patent No. 5,609,616 and U.S. Patent No. 5,938,691. (6) Judgment is entered in favor of Defendants as to the vacatur of the jury's damages award. (7) Except for the issue of damages for infringement of claim 10 of U.S. Patent No. 5,609,616, this Judgment resolves all claims, counterclaims and defenses of all the parties.(8) This judgment is entered pursuant to 28 USC 1292(c)(2), Rule 54 of theFederal Rules of Civil Procedure, and this Court's contemporaneous OrderRegarding FRCP 54(b). (MD JS-6, Case Terminated). (jp) |
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Filing 547
ORDER Re: FRCP 54(b) by Judge Fernando M. Olguin. The Court hereby directs entry of final judgment from which an appeal may be taken immediately to the Federal Circuit. (See attachment Order for further details). (jp)
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| Filing 546 STIPULATION for Judgment as to the Litigation filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order Re: Federal Rule of Civil Procedure 54(b), #2 Proposed Judgment)(Lyons, Michael) |
| Filing 545 MINUTES OF Telephonic Status Conference held before Judge Fernando M. Olguin. No later than 4/13/2015, counsel shall either file a stipulation re Rule 54(b) judgment, or a memorandum of points of authorities setting forth its position.Court Reporter: None. (vdr) |
| Filing 544 OBJECTIONS to Statement #543 PLAINTIFFS' CASE MANAGEMENT STATEMENT filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 543 STATEMENT Plaintiffs' Case Management Statement filed by Plaintiff Alfred E. Mann Foundation For Scientific Research and Advanced Bionics, LLC (Johnson, Daniel) |
| Filing 542 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Grunfeld counsel for Plaintiff Alfred E. Mann Foundation For Scientific Research. Rachel Melissa Walsh is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff plaintiff. (Grunfeld, Daniel) |
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Filing 541
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Counsel for the parties shall appear at a Telephonic Conference set for 4/7/2015 at 3:00 PM before Judge Fernando M. Olguin. *See order for call-in information.* (vdr)
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Filing 540
ORDER RE: POST-TRIAL MOTIONS by Judge Fernando M. Olguin. Defendant's Motion for Judgment as a Matter of Law #507 is granted in part and denied in part. The motion is granted and the court sets aside the jury's finding of willful infringement. The motion is denied as to infringement in all other respects.Defendant's Motion for a New Trial #508 is granted in part and denied in part. The motion is granted as to a new damages trial with respect to claim 10 of the '616 patent. The motion is denied in all other respects. Involuntary Plaintiff Advanced Bionics' Motion to Amend the Judgment #504 is denied as moot. (vdr)
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| Filing 539 FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge Fernando M. Olguin. Defendants have not met their burden to show that plaintiff should be equitably estoppedfrom enforcing its claims. Defendants have not met their burden to show that plaintiff should be barred from pre-suit damages under the doctrine of laches.Defendants have not met their burden to show that plaintiff committed inequitable conduct before the PTO. Plaintiff is not prevented from asserting an infringement theory under the doctrine of equivalents for the "displaying" limitation of claim 10 of the '616 patent. Claim 1 of the '616 patent, and claims 6 and 7 of the '691 patent are invalid on indefiniteness grounds. (vdr) |
| Filing 538 NOTICE re Patent Office's Confirmation of Asserted Claims of U.S. Patent No. 5,609,616 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1)(Lyons, Michael) |
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Filing 537
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. The court intends to issue an order re the parties' trial briefing and post-trial motions by 3/31/2015. (vdr)
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| Filing 536 NOTICE of New Authority re Willful Infringement filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 535 NOTICE re Patent Office's Confirmation of Asserted Claims of U.S. Patent No. 5,938,691 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1)(Lyons, Michael) |
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Filing 534
MINUTE ORDER IN CHAMBERS RE: JOINT REQUEST FOR DECISION #530 by Judge Fernando M. Olguin. The parties are advised that the court intends to issue its decision relating to the parties' trial briefing and post-trial motions no later than 2/18/2015. (vdr)
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Filing 533
PROTECTIVE ORDER by Magistrate Judge Stephen J. Hillman re Joint Stipulation to Amend/Correct #532 (sbu)
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| Filing 532 Joint STIPULATION to Modify Protective Order #42 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 531 OBJECTIONS to Notice (Other) #529 Plaintiff Alfred E. Mann Foundations Objections to Defendants Notice Re Action Regarding U.S. Patent No. 5,606,616 in Co-Pending Proceedings in The United States Patent And Trademark Office filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1)(Lyons, Michael) |
| Filing 530 Joint REQUEST for Ruling on Non-Jury Trial, Advanced Bionics, LLCs Post-Trial Jury Motion, And Defendants Post-Jury Trial Motions filed by Joint Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
| Filing 529 NOTICE of Action Regarding U.S. Patent No. 5,609,616 in Co-Pending Proceedings in the United States Patent and Trademark Office filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 528 OBJECTIONS to Notice (Other) #527 Plaintiff Alfred E. Mann Foundations Objections to Defendants Notice of New Authority re Damages filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 527 NOTICE of New Authority Re Damages filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 526 OBJECTIONS to Notice (Other) #525 of Plaintiff Alfred E. Mann Foundation's New Authority Re Fed. R. Civ. Proc. 50 [D.I. 525], Filed July 24, 2014 filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 525 NOTICE of New Authority Re Fed. R. Civ. Proc. 50 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 524 NOTICE of New Authority Re Indefiniteness filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 523 NOTICE of New Authority Re Indefiniteness filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 522 NOTICE OF FILING TRANSCRIPT filed for proceedings 011414, 1:25 p.m.; 011514, 1:36 p.m.; 011614, 1:20 p.m.; 011714, 1:22 p.m.; 012114, 1:09 p.m.; 012214, 2:02 p.m.; 012314, 1:39 p.m.; re Transcript #467 , #465 , #466 , #468 , #469 , #464 , #463 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
| Filing 521 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Alter or Amend Judgment #504 , Motion for Judgment as a Matter of Law #507 and Motion for New Trial #508 , previously set for hearing on 4/17/2014, are taken off calendar and placed under submission. No appearances are required on 4/17/2014. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
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Filing 520
ORDER GRANTING Request for Order Granting Leave to Enter Courthouse With Electronic Equipment for Use During Oral Argument #519 by Judge Fernando M. Olguin that Plaintiff Alfred E. Mann Foundation for Scientific Research, through their counsel of record, may bring into the United States Courthouse for the Central District of California, Western Division, located at 312 N. Spring Street, the equipment listed below to interface with the Court's display technology, during the above-captioned hearing in Courtroom 22: Three laptop computers. (jp)
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| Filing 519 REQUEST for Leave to to Enter Courthouse with Electronic Equipment for Use During Oral Argument on April 17, 2014 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Lyons, Michael) |
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Filing 518
ORDER GRANTING DEFENDANTS' COUNSEL LEAVE TO ENTER COURTHOUSE WITH ELECTRONIC EQUIPMENT ON 4/17/2014 by Judge Fernando M. Olguin, re Request #516 . (vdr) Modified on 4/8/2014 (vdr).
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| Filing 517 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #516 . The following error(s) was found: Incorrect event selected. The correct event is: Requests. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jloz) |
| Filing 516 Defendants' Request for Order Granting Leave to Enter Courthouse with Electronic Equipment on 4/17/2014 re: MOTION for Judgment NOV MOTION for Judgment as a Matter of Law #507 , MOTION for Judgment NOV #508 (Attachments: #1 Proposed Order)(Chapman, Bruce) |
| Filing 515 FILED UNDER SEAL - EXHIBIT C. (jp) |
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Filing 514
ORDER GRANTING Plaintiff's Application to File Under Seal #512 by Judge Fernando M. Olguin that: For the reasons stated in Plaintiff's Application, Exhibit "C" shall be filed under seal. Plaintiff has shown compelling reasons to seal the documents based on the protective order [DE 42]. (jp)
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| Filing 513 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Judge Fernando M. Olguin is participating in the Central District of California's pilot project for submission and e-filing of under seal documents. Effective, 3/11/2014, all proposed sealed documents must be submitted via e-mail to Judge Olguin's Chambers email at FMO_Chambers@cacd.uscourts.gov. Please refer to the judges' procedures and schedules page on the court's website for detailed instructions for submission of sealed documents.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 512 APPLICATION for Order for To File Under Seal filed by Plaintiff Advanced Bionics, LLC. (Attachments: #1 Proposed Order)(Malynn, Todd) |
| Filing 511 NOTICE of Plaintiff's Filing of Properly Formatted Joint Briefs Relating to Defendants Motion for Judgment as a Matter of Law [Fed. R. Civ. P. 50] And Motion For New Trial [Fed. R. Civ. P. 59] filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit A - Email Exchange Between B. Chapman and M. Lyons, #2 Exhibit B - Joint Rule 50 Motion, #3 Exhibit C - Joint Rule 59 Motion)(Johnson, Daniel) |
| Filing 510 APPENDIX filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Re: MOTION for Judgment NOV MOTION for Judgment as a Matter of Law #507 , MOTION for Judgment NOV #508 (Attachments: #1 Appendix Volume I, #2 Appendix Volume II - Part 1, #3 Appendix Volume II - Part 2, #4 Appendix Volume II - Part 3, #5 Appendix Volume II - Part 4, #6 Appendix Volume II - Part 5, #7 Appendix Volume II - Part 6, #8 Appendix Volume II - Part 7, #9 Appendix Volume II - Part 8, #10 Appendix Volume II - Part 9, #11 Appendix Volume II - Part 10, #12 Appendix Volume II - Part 11, #13 Appendix Volume II - Part 12, #14 Appendix Volume II - Part 13, #15 Appendix Volume II - Part 14, #16 Appendix Volume II - Part 15, #17 Appendix Volume II - Part 16, #18 Appendix Volume II - Part 17, #19 Appendix Volume II - Part 18, #20 Appendix Volume II - Part 19, #21 Appendix Volume II - Part 20, #22 Appendix Volume II - Part 21, #23 Appendix Volume II - Part 22, #24 Appendix Volume II - Part 23, #25 Appendix Volume II - Part 24, #26 Appendix Volume II - Part 25, #27 Appendix Volume II - Part 26, #28 Appendix Volume II - Part 27, #29 Appendix Volume II - Part 28, #30 Appendix Volume II - Part 29, #31 Appendix Volume II - Part 30, #32 Appendix Volume II - Part 31, #33 Appendix Volume II - Part 32, #34 Appendix Volume II - Part 33, #35 Appendix Volume II - Part 34, #36 Appendix Volume II - Part 35, #37 Appendix Volume II - Part 36, #38 Appendix Volume II - Part 37, #39 Appendix Volume II - Part 38, #40 Appendix Volume II - Part 39)(Smith, Dennis) |
| Filing 509 NOTICE OF ERRATA filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. correcting MOTION for Judgment NOV #508 Corrected Joint Brief Re Defendants' Rule 59 Motion (Attachments: #1 Exhibit A - Corrected Joint Brief Re Defendants' Rule 59 Motion)(Smith, Dennis) |
| Filing 508 NOTICE OF MOTION AND MOTION for Judgment NOV filed by DEFENDANTS AND COUNTERCLAIMANTS Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 4/17/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum Joint Brief Re Defendants' Rule 59 Motion For New Trial, #2 Proposed Order Granting Defendants' Rule 59 Motion For New Trial)(Chapman, Bruce) |
| Filing 507 NOTICE OF MOTION AND MOTION for Judgment NOV ( Motion set for hearing on 4/17/2014 at 10:00 AM before Judge Fernando M. Olguin.), MOTION for Judgment as a Matter of Law filed by DEFENDANTS AND COUNTERCLAIMANTS Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Memorandum Joint Brief Re Defendants' Rule 50 Motion, #2 Proposed Order Granting Defendants' Rule 50 Motion)(Chapman, Bruce) |
| Filing 506 NOTICE of Manual Filing filed by Defendant Advanced Bionics, LLC of Exhibit C to the Declaration of Todd M. Malynn. (Malynn, Todd) |
| Filing 505 NOTICE OF MANUAL FILING OF PLAINTIFF'S APPLICATION TO FILE UNDER SEAL filed by PLAINTIFF Advanced Bionics, LLC. (Malynn, Todd) |
| Filing 504 NOTICE OF MOTION AND MOTION to AMEND Notice of Lodging #484 filed by Plaintiff Advanced Bionics, LLC, Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 4/17/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Attorney Todd Matthew Malynn added to party Cochlear Corporation(pty:dft), Attorney Todd Matthew Malynn added to party Cochlear Corporation(pty:cc), Attorney Todd Matthew Malynn added to party Cochlear Corporation(pty:cc), Attorney Todd Matthew Malynn added to party Cochlear Ltd(pty:cc))(Malynn, Todd) |
| Filing 503 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd of DEFENDANTS COCHLEAR LTD. AND COCHLEAR AMERICAS DISK CONTAINING COPIES OF RELEVANT TRANSCRIPTS AND ADMITTED TRIAL EXHIBITS CITED IN JOINT BRIEF RE DEFENDANTS RULE 50 MOTION AND JOINT BRIEF RE DEFENDANTS RULE 59 MOTION. (Smith, Dennis) |
| Filing 502 NOTICE OF LODGING filed OF DISK CONTAINING COPIES OF RELEVANT TRANSCRIPTS AND ADMITTED TRIAL EXHIBITS CITED IN JOINT BRIEF RE DEFENDANTS RULE 50 MOTION AND JOINT BRIEF RE DEFENDANTS RULE 59 MOTION re Order #472 (Smith, Dennis) |
| Filing 501 NOTICE OF FILING TRANSCRIPT filed for proceedings 011314; 10:00 A.M.; re Transcript #500 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
| Filing 500 TRANSCRIPT for proceedings held on 011314, 10:00 a.m.;. Court Reporter/Electronic Court Recorder: LISA M. GONZALEZ, phone number CSRLISAG@AOL.COM; 213 894-2979. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/3/2014. Redacted Transcript Deadline set for 4/13/2014. Release of Transcript Restriction set for 6/11/2014. (Gonzalez, Lisa) |
| Filing 499 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/9/14, 1/14/14, 1/15/14, 1/16/14, 1/17/14, 1/21/14, 1/22/14 re Transcript #495 , #493 , #492 , #498 , #496 , #494 , #497 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 498 TRANSCRIPT for proceedings held on 1/22/14 @ 8:30 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/6/2014. Release of Transcript Restriction set for 6/4/2014. (Kielwasser, Anne) |
| Filing 497 TRANSCRIPT for proceedings held on 1/21/14 @ 8:30 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/6/2014. Release of Transcript Restriction set for 6/4/2014. (Kielwasser, Anne) |
| Filing 496 TRANSCRIPT for proceedings held on 1/17/14 @ 8:30 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/6/2014. Release of Transcript Restriction set for 6/4/2014. (Kielwasser, Anne) |
| Filing 495 TRANSCRIPT for proceedings held on 1/16/14 @ 8:30 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/6/2014. Release of Transcript Restriction set for 6/4/2014. (Kielwasser, Anne) |
| Filing 494 TRANSCRIPT for proceedings held on 1/15/14 @ 8:30 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/6/2014. Release of Transcript Restriction set for 6/4/2014. (Kielwasser, Anne) |
| Filing 493 TRANSCRIPT for proceedings held on 1/14/14 at 8:30 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/6/2014. Release of Transcript Restriction set for 6/4/2014. (Kielwasser, Anne) |
| Filing 492 TRANSCRIPT for proceedings held on 1/9/14 at 10:15 a.m. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/6/2014. Release of Transcript Restriction set for 6/4/2014. (Kielwasser, Anne) |
| Filing 491 OBJECTIONS to Notice of Lodging #484 RE AMENDED [PROPOSED] FORM OF JUDGMENT [D.I. 484-1] filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 489 OBJECTIONS to Objections - non-motion #488 OBJECTION TO DEFENDANTS L.R 52-7 SEPARATE OBJECTIONS filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
| Filing 488 OBJECTIONS to Notice of Lodging #474 of Plaintiff's [Proposed] Annotated Findings of Fact And Conclusions of Law filed by Defendants Cochlear Corporation, Cochlear Ltd. (Smith, Dennis) |
| Filing 487 NOTICE of Errata Re Plaintiff Alfred E. Mann Foundation's Memorandum of Points and Authorities Re Bench Trial and [Proposed] Annotated Findings of Fact and Conclusions of Law filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (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)(Lyons, Michael) |
| Filing 484 NOTICE OF LODGING filed [Amended Proposed] Form of Judgment re Minutes of In Chambers Order/Directive - no proceeding held, #462 (Attachments: #1 [Amended Proposed] Form of Judgment)(Lyons, Michael) |
| Filing 490 SEALED DOCUMENT- EXHIBITS (mat) (Additional attachment(s) added on 2/26/2014: Part 2, Part 3, Part 4, #4 Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12, Part 13, Part 14, Part 15) (mat). |
| Filing 486 SEALED DOCUMENT- ORDER granting Plaintiff's Application to File Under Seal Manually Lodged Herewith. (mat) |
| Filing 485 SEALED DOCUMENT- PLAINTIFF'S APPLICATION to File Under Seal Documents in Support of Plaintiff's Memorandum of Points and Authorities Re: Bench Trial; Declaration of Daniel Grunfeld in Support of Plaintiff's Application. (mat) |
| Filing 483 EXHIBIT Filed filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. TX-739-Part 1 as to Memorandum of Points and Authorities in Support (non-motion),,, #480 . (Attachments: #1 Exhibit TX-739-Part 2, #2 Exhibit TX-739-Part 3, #3 Exhibit TX-746, #4 Exhibit TX-749, #5 Exhibit TX-3030, #6 Exhibit TX-3032, #7 Exhibit TX-3033, #8 Exhibit TX-3035, #9 Exhibit TX-3037, #10 Exhibit TX-3038, #11 Exhibit TX-1001, #12 Exhibit TX-1002, #13 Exhibit TX-1039, #14 Exhibit TX-1071, #15 Exhibit TX-1072, #16 Exhibit TX-1147, #17 Exhibit TX-1150, #18 Exhibit TX-1152, #19 Exhibit TX-1301, #20 Exhibit TX-1303, #21 Exhibit TX-1309 Part 1, #22 Exhibit TX-1309 Part 2, #23 Exhibit TX-1309 Part 3, #24 Exhibit TX-1309 Part 4, #25 Exhibit TX-1309 Part 5, #26 Exhibit TX-1358, #27 Exhibit TX-1371)(Johnson, Daniel) |
| Filing 482 MEMORANDUM of Points and Authorities in Support filed by Defendants Cochlear Corporation, Cochlear Ltd. RE: BENCH TRIAL Re: Order #472 (Attachments: #1 Exhibit A, #2 Exhibit B)(Chapman, Bruce) |
| Filing 481 EXHIBIT Filed filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Exhibit TX-309-Part 1 as to Memorandum of Points and Authorities in Support (non-motion),,, #480 . (Attachments: #1 Exhibit TX-309-Part 2, #2 Exhibit TX-309-Part 3, #3 Exhibit TX-309-Part 4, #4 Exhibit TX-309-Part 5, #5 Exhibit TX-309-Part 6, #6 Exhibit TX-309-Part 7, #7 Exhibit TX-309-Part 8, #8 Exhibit TX-309-Part 9, #9 Exhibit TX-309-Part 10, #10 Exhibit TX-309-Part 11, #11 Exhibit TX-312-Part 1, #12 Exhibit TX-312-Part 2, #13 Exhibit TX-312-Part 3, #14 Exhibit TX-312-Part 4, #15 Exhibit TX-312-Part 5, #16 Exhibit TX-312-Part 6, #17 Exhibit TX-312-Part 7, #18 Exhibit TX-312-Part 8, #19 Exhibit TX-312-Part 9, #20 Exhibit TX-312-Part 10, #21 Exhibit TX-312-Part 11, #22 Exhibit TX-312-Part 12, #23 Exhibit TX-312-Part 13, #24 Exhibit TX-312-Part 14, #25 Exhibit TX-312-Part 15, #26 Exhibit TX-312-Part 16, #27 Exhibit TX-312-Part 17, #28 Exhibit TX-312-Part 18, #29 Exhibit TX-312-Part 19, #30 Exhibit TX-410, #31 Exhibit TX-633, #32 Exhibit TX-634, #33 Exhibit TX-635)(Johnson, Daniel) |
| Filing 480 MEMORANDUM of Points and Authorities in Support of Proposed Findings of Fact and Conclusions of Law Re: Bench Trial Re: Notice of Lodging #474 , Order #472 (Attachments: #1 Declaration of Michael J. Lyons, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit TX-55-Part 1, #16 Exhibit TX-55-Part 2, #17 Exhibit TX-55-Part 3, #18 Exhibit TX-55-Part 4, #19 Exhibit TX-55-Part 5, #20 Exhibit TX-55-Part 6, #21 Exhibit TX-56, #22 Exhibit TX-60-Part 1, #23 Exhibit TX-60-Part 2, #24 Exhibit TX-60-Part 3, #25 Exhibit TX-107, #26 Exhibit TX-277, #27 Exhibit TX-279)(Johnson, Daniel) |
| Filing 479 JOINDER filed by Defendant Advanced Bionics, LLC joining in Notice of Lodging #474 . (Malynn, Todd) |
| Filing 478 NOTICE OF LODGING filed re Order #472 (Attachments: #1 Exhibit A - Defendants Cochlear Ltd. and Cochlear Americas Annotated Proposed Findings of Fact and Conclusions of Law For Bench Trial)(Chapman, Bruce) |
| Filing 477 NOTICE OF LODGING filed Re: (1) Disk of Word version of Annotated Proposed Findings of Fact and Conclusions of Law; and (2) Disk of Transcripts of Trial Proceedings and Admitted Trial Exhibits (Minus Physicals) re Order #472 (Chapman, Bruce) |
| Filing 476 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd of (1) Disk of Word version of Annotated Proposed Findings of Fact and Conclusions of Law; and (2) Disk of Transcripts of Trial Proceedings and Admitted Trial Exhibits (Minus Physicals). (Chapman, Bruce) |
| Filing 475 NOTICE of Manual Filing filed by Plaintiff Alfred E. Mann Foundation For Scientific Research of Application to File Under Seal, Declaration ISO, Exhibits Under Seal and [Proposed] Order. (Grunfeld, Daniel) |
| Filing 474 NOTICE OF LODGING filed re Order #472 (Attachments: #1 Plaintiff's [Proposed] Annotated Findings of Fact and Conclusions of Law)(Lyons, Michael) |
| Filing 473 OBJECTIONS to Notice of Lodging #471 Pursuant To Local Rule 52-7 filed by Defendants Cochlear Corporation, Cochlear Ltd. (Smith, Dennis) |
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Filing 472
ORDER RE: SCHEDULE FOR POST-TRIAL BRIEFING by Judge Fernando M. Olguin, re Joint Proposed Schedule #470 . *See order for deadlines and requirements.* (vdr)
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| Filing 471 NOTICE OF LODGING filed of [Proposed] Form of Judgment re Minutes of In Chambers Order/Directive - no proceeding held, #462 (Attachments: #1 [Proposed] Form of Judgment)(Lyons, Michael) |
| Filing 470 Joint Proposed Schedule for Post-Trial Briefing (Attachments: #1 Proposed Order)(Grunfeld, Daniel) |
| Filing 469 TRANSCRIPT for proceedings held on 012314, 1:39 P.M.:. Court Reporter/Electronic Court Recorder: LISA M. GONZALEZ, phone number CSRLISAG@AOL.COM; WWW.LISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/1/2014. Release of Transcript Restriction set for 4/29/2014. (Gonzalez, Lisa) |
| Filing 468 TRANSCRIPT for proceedings held on 012214, 2:02 P.M.;. Court Reporter/Electronic Court Recorder: LISA M. GONZALEZ, phone number CSRLISAG@AOL.COM; WWW.LISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/1/2014. Release of Transcript Restriction set for 4/29/2014. (Gonzalez, Lisa) |
| Filing 467 TRANSCRIPT for proceedings held on 012114, 1:09 P.M.;. Court Reporter/Electronic Court Recorder: LISA M. GONZALEZ, phone number CSRLISAG@AOL.COM; WWW.LISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/1/2014. Release of Transcript Restriction set for 4/29/2014. (Gonzalez, Lisa) |
| Filing 466 TRANSCRIPT for proceedings held on 011722, 1:22 P.M.;. Court Reporter/Electronic Court Recorder: LISA M. GONZALEZ, phone number CSRLISAG@AOL.COM; WWW.LISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/1/2014. Release of Transcript Restriction set for 4/29/2014. (Gonzalez, Lisa) |
| Filing 465 TRANSCRIPT for proceedings held on 011614, 1:20 P.M.;. Court Reporter/Electronic Court Recorder: LISA M. GONZALEZ, phone number CSRLISAG@AOL.COM; WWWLISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/1/2014. Release of Transcript Restriction set for 4/29/2014. (Gonzalez, Lisa) |
| Filing 464 TRANSCRIPT for proceedings held on 011514, 1:36 P.M.;. Court Reporter/Electronic Court Recorder: LISA M. GONZALEZ, phone number CSRLISAG@AOL.COM; WWW.LISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/1/2014. Release of Transcript Restriction set for 4/29/2014. (Gonzalez, Lisa) |
| Filing 463 TRANSCRIPT for proceedings held on 011414, 1:25 p.m.;. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number CSRLISAG@AOL.COM; WWW.LISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/19/2014. Redacted Transcript Deadline set for 3/1/2014. Release of Transcript Restriction set for 4/29/2014. (Gonzalez, Lisa) |
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Filing 462
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Plaintiffs shall lodge a proposed form of judgment no later than 5:00 p.m. on 1/29/2014. The parties shall file a joint proposed schedule with proposed order relating to all post-trial briefs no later than 5:00 p.m. on 1/29/2014. (vdr)
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| Filing 461 (Not for Public View pursuant to the E-Government Act of 2002) JURY VERDICT FILED (lc) (Main Document 461 replaced on 8/27/2014) (cv). Modified on 8/27/2014 (cv). |
| Filing 460 VERDICT FORM (REDACTED). (jp) |
| Filing 459 LIST OF EXHIBITS AND WITNESSES at trial. (jp) (Main Document 459 replaced on 1/23/2014) (vdr). |
| Filing 458 NOTICE OF COURT ORDER to U.S. Marshal Re: Bailiff/Matron's presence for Jury Deliberation on 1/22/2014 at 3:00 PM. This order shall remain in effect until the jury is discharged and/or the bailiff or matron is excused by the Court. (jp) |
| Filing 457 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (jp) |
| Filing 455 MINUTES OF Jury Trial - 7th Day held and completed by jury verdict before Judge Fernando M. Olguin: Jury resumes deliberations. Jury Verdict in favor of plaintiff(s) is read and filed. Jury polled. Filed Witness & Exhibit Lists. Filed jury instructions. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. Court Reporter: Lisa Gonzalez. (jp) |
| Filing 456 MINUTES OF Court Trial (1st Day) held and completed before Judge Fernando M. Olguin: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. Case submitted. The Court GRANTS leave for parties to submit a Joint Report re Proposed Dates. Thereafter, the Court shall issue a Scheduling Order. Court Reporter: Lisa Gonzalez. (jp) |
| Filing 454 MINUTES OF Jury Trial - 6th Day Held and Continued before Judge Fernando M. Olguin: Witnesses called, sworn and testified. Exhibits identified and admitted. Closing arguments made by Plaintiff(s), Defendant(s). Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Motion for Judgment by Plaintiff is DENIED without prejudice. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Case continued to 1/23/2014 at 8:00 AM., for further jury deliberation. Plaintiff calls rebuttal witness Darrin Young. The court immediately begins the bench trial portion of this case. Court Reporter: Lisa Gonzalez/Anne Kielwasser. (jp) |
| Filing 453 FINAL JURY INSTRUCTIONS by Judge Fernando M. Olguin. (vdr) |
| Filing 452 OPPOSITION re: MOTION for Judgment as a Matter of Law on the basis of: Rule 50 #448 filed by Defendants Cochlear Corporation, Cochlear Ltd. (Miller, Scott) |
| Filing 450 JURY VERDICT by Court. (vdr) |
| Filing 449 TENTATIVE FINAL JURY INSTRUCTIONS by Judge Fernando M. Olguin.(vdr) |
| Filing 451 MINUTES OF Jury Trial - 5th Day Held and Continued before Judge Fernando M. Olguin: Witnesses called, sworn and testified. Exhibits identified and admitted. Defendant(s) rest. Motion for Judgment is DENIED. Case continued to 1/22/2014 at 8:00 AM., for further trial/further jury deliberation. Direct testimony of witness Bryant Gold is made by video deposition; rebuttal testimony in person. Court and counsel confer regarding jury instructions as set forth on the record. Court Reporter: Lisa Gonzalea/Anne Kielwasser. (jp) |
| Filing 448 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Rule 50 filed by plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 1/23/2014 at 08:30 AM before Judge Fernando M. Olguin. (Lyons, Michael) |
| Filing 447 NOTICE of Defendants' Comments re the Court's [Tentative] Verdict Form [D.I. 443] filed by Defendants Cochlear Corporation, Cochlear Ltd. (Miller, Scott) |
| Filing 446 NOTICE of Defendants' Proposed Revisions to [Disputed] Final Jury Instructions 41 and 42 in the Court's [Tentative] Final Jury Instructions filed by Defendants Cochlear Corporation, Cochlear Ltd. (Miller, Scott) |
| Filing 445 NOTICE of Defendants' Objections to [Disputed] Final Jury Instruction No. 49 - Date of Commencement of Damages - Products in the Court's [Tentative] Final Jury Instructions filed by Defendants Cochlear Corporation, Cochlear Ltd. (Miller, Scott) |
| Filing 444 DISCLOSURE of Plaintiff's Disclosure To The Court Of Rebuttal Witnesses, Trial Exhibits And Demonstratives For Trial Proceedings On January 22, 2014 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Grunfeld, Daniel) |
| Filing 443 TENTATIVE VERDICT FORM by the Court.(vdr) |
| Filing 442 NOTICE filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Plaintiff's Disclosure To The Court Of Rebuttal Witnesses, Trial Exhibits And Demonstratives For Trial Proceedings on January 21, 2014 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Grunfeld, Daniel) |
| Filing 441 DISCLOSURE of Cochlear Defendants' Witnesses, Trial Exhibits and Demonstratives for Trial Proceedings on January 21, 2014 filed by Defendants Cochlear Corporation, Cochlear Ltd (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Chapman, Bruce) |
| Filing 440 DISCLOSURE of Defendants' Deposition Designations for Trial Proceedings on January 21, 2014 filed by Defendants Cochlear Corporation, Cochlear Ltd (Attachments: #1 Exhibit 1)(Chapman, Bruce) |
| Filing 439 NOTICE OF ERRATA filed by Defendants Cochlear Corporation, Cochlear Ltd. correcting Miscellaneous Document, #429 , Miscellaneous Document, #430 Notices of Filing of Electronic File Histories of Patents-In-Suit (Attachments: #1 Exhibit A - Corrected Notice of Filing of '616 Patent File History, #2 Exhibit B - Corrected Notice of Filing of '691 Patent File History)(Smith, Dennis) |
| Filing 438 OBJECTIONS to Order #369 DEFENDANTS' WRITTEN OBJECTIONS TO DIRECT TESTIMONY OF DR. DARRIN YOUNG filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 437 STATEMENT DEFENDANTS' OPENING STATEMENT FOR BENCH TRIAL re: Order #369 . (Chapman, Bruce) |
| Filing 436 NOTICE OF LODGING filed PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re Order #369 (Attachments: #1 Exhibit A - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIAL)(Chapman, Bruce) |
| Filing 435 NOTICE OF LODGING filed Notice of Lodging of Plaintiff's [Proposed] Findings of Fact and Conclusions of Law re Order #369 (Attachments: #1 Proposed Findings of Fact and Conclusions of Law)(Lyons, Michael) |
| Filing 434 OBJECTIONS to Declaration (non-motion) #410 Plaintiff's Objections to Direct Testimony of Robert J. Stevenson, Ph.D. Re Indefiniteness filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 433 STATEMENT Plaintiff's Opening Statement for Bench Trial filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Lyons, Michael) |
| Filing 432 OPPOSITION to MOTION for Judgment as a Matter of Law #426 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
| Filing 431 NOTICE OF LODGING filed Notice of Lodging of Relevant Prosecution Histories re Jury Trial - Held and Continued,, #427 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2a, #3 Exhibit Exhibit 2b, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5)(Lyons, Michael) |
| Filing 430 NOTICE OF FILING re: Jury Trial - Held and Continued,, #427 (Attachments: #1 Exhibit A - PART 1 OF 3 OF '691 PATENT FILE HISTORY, #2 Exhibit B - PART 2 OF 3 OF '691 PATENT FILE HISTORY, #3 Exhibit C - PART 3 OF 3 OF '691 PATENT FILE HISTORY)(Smith, Dennis) |
| Filing 429 NOTICE OF FILING re: Jury Trial - Held and Continued,, #427 (Attachments: #1 Exhibit A - PART 1 OF 3 OF '616 PATENT FILE HISTORY, #2 Exhibit B - PART 2 OF 3 OF '616 PATENT FILE HISTORY, #3 Exhibit C - PART 3 OF 3 OF '616 PATENT FILE HISTORY)(Smith, Dennis) |
| Filing 428 NOTICE OF ERRATA filed by Defendants Cochlear Corporation, Cochlear Ltd. correcting MOTION for Judgment as a Matter of Law #426 CORRECTING ONE TYPOGRAPHICAL ERROR (Smith, Dennis) |
| Filing 427 MINUTES OF Jury Trial - 4th Day held and Continue before Judge Fernando M. Olguin: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 1/21/2014 at 8:00 AM., for further trial/further jury deliberation. Plaintiff may file a response to Defendants' Rule 50 Motion for Judgment as a Matter of Law #426 . Deposition Transcript of Jeffrey Houston Greiner read into record. The parties are ordered to file a history of the patents that is word searchable no later than this evening. Court Reporter: Lisa Gonzalea/Anne Kielwasser. (jp) |
| Filing 426 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law filed by Defendants Cochlear Corporation, Cochlear Ltd. (Smith, Dennis) |
| Filing 425 MINUTES OF Jury Trial - 3rd Day held and Continued before Judge Fernando M. Olguin: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Case continued to 1/17/2014 at 8:00 AM. for further trial/further jury deliberation. The court and counsel confer regarding exhibits. Exhibit 3028 is ordered sealed. Court Reporter: Lisa Gonzalez/Anne Kielwasser. (jp) |
| Filing 424 DISCLOSURE of -- DEFENDANTS' DISCLOSURE TO PLAINTIFF OF WITNESSES, TRIAL EXHIBITS AND DEMONSTRATIVES FOR TRIAL PROCEEDINGS ON JANUARY 17, 2014 filed by Defendants Cochlear Corporation, Cochlear Ltd (Attachments: #1 Exhibit 1)(Chapman, Bruce) |
| Filing 423 MINUTES OF Jury Trial - 2nd Day held before Judge Fernando M. Olguin: The court and counsel confer regarding exhibits. The deposition transcript of Dr. David Kelsall is read into the record. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 1/16/2014 at 8:00 AM. Court Reporter: Lisa Gonzalez/Anne Kielwasser. (jloz) |
| Filing 422 PROPOSED THIRD AMENDED SPECIAL JURY VERDICT filed by Defendants Cochlear Corporation, Cochlear Ltd. (Miller, Scott) |
| Filing 421 DISCLOSURE of Defendants' Witnesses Trial Exhibits and Demonstratives for Trial Proceedings on January 16, 2014 filed by Defendants Cochlear Corporation, Cochlear Ltd (Attachments: #1 Exhibit 1)(Chapman, Bruce) |
| Filing 420 DISCLOSURE of PLAINTIFFS DISCLOSURE TO DEFENDANTS OF WITNESSES, TRIAL EXHIBITS AND DEMONSTRATIVES FOR TRIAL PROCEEDINGS ON JANUARY 16, 2014 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Grunfeld, Daniel) |
| Filing 419 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
| Filing 418 MINUTES OF Jury Trial - 1st Day held and continued before Judge Fernando M. Olguin: Jury empanelled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 1/15/2014 at 8:30 AM., for further trial/further jury deliberation. Court and counsel confer re exhibits. Preliminary jury instructions are given. Plaintiff shall provide copies of the stipulated facts for the jury binders. The deadline for findings of fact for the bench trial are continued to 1/18/2014. Court Reporter: Lisa Gonzalez/Anne Kielwasser. (jp) |
| Filing 417 DISCLOSURE of Plaintiff's Disclosure To The Court Of Witnesses, Trial Exhibits And Demonstratives For Trial Proceedings On January 15, 2014 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Grunfeld, Daniel) |
| Filing 416 STATEMENT Plaintiff's Outline Of Direct Testimony Of Expert Witness Cate Elsten Pursuant To Court Order filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Lyons, Michael) |
| Filing 415 STATEMENT Of Case Law Re Damages Issues Pursuant To Court Order filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Lyons, Michael) |
| Filing 412 NOTICE OF LODGING filed Plaintiff's Notice of Lodging of Deposition Transcripts for Trial re Order, Set/Reset Deadlines/Hearings #300 (Grunfeld, Daniel) |
| Filing 411 NOTICE OF LODGING filed Plaintiff's Notice of Lodging of Original Exhibits and Bench Trial Books for Bench Trial re Order #369 (Grunfeld, Daniel) |
| Filing 410 DECLARATION of Corrected Declaration of Robert L. Stevenson re Declaration (non-motion) #405 With Corrected Date On Signature Page filed by Defendants Cochlear Corporation, Cochlear Ltd. (Smith, Dennis) |
| Filing 409 NOTICE OF LODGING filed of Meet And Confer Transcript of Correspondence FOR BENCH TRIAL re Order #369 (Smith, Dennis) |
| Filing 408 JOINT Exhibit List FOR BENCH TRIAL filed by Defendants Cochlear Corporation, Cochlear Ltd.. (Smith, Dennis) |
| Filing 407 STIPULATION for Court Trial on TBD filed by Defendants Cochlear Corporation, Cochlear Ltd.(Smith, Dennis) |
| Filing 406 Witness List filed by plaintiff Alfred E. Mann Foundation For Scientific Research.. (Grunfeld, Daniel) |
| Filing 405 DECLARATION of Robert J. Stevenson, Ph.D. Providing Direct Testimony Re Indefiniteness FOR BENCH TRIAL filed by Defendants Cochlear Corporation, Cochlear Ltd. (Smith, Dennis) |
| Filing 404 NOTICE OF LODGING filed Plaintiff's Notice Of Lodging of Deposition Excerpts For Bench Trial re Order #369 (Attachments: #1 Exhibit Exhibits 1 and 2 to Plaintiff's Notice of Lodging of Deposition Excerpts For Bench Trial, #2 Exhibit Exhibits 3 and 4 to Plaintiff's Notice Of Lodging Of Deposition Excerpts For Bench Trial, #3 Exhibit Exhibit 5 to Plaintiff's Notice of Lodging of Deposition Excerpts For Bench Trial)(Grunfeld, Daniel) |
| Filing 403 DECLARATION of David Lee Hankin Submitted In Support of Plaintiff Re Issues Tried to the Court filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
| Filing 402 NOTICE of Attendees at Trial filed by Defendant Advanced Bionics, LLC. (Malynn, Todd) |
| Filing 401 DISCLOSURE of PLAINTIFFS DISCLOSURE TO THE COURT OF WITNESSES, TRIAL EXHIBITS AND DEMONSTRATIVES FOR TRIAL PROCEEDINGS ON JANUARY 14, 2014 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Grunfeld, Daniel) |
| Filing 400 Exhibit List Plaintiff's Notice Of Lodging Of Original Exhibits For Bench Trial filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Grunfeld, Daniel) |
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Filing 399
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Fernando M. Olguin. (vdr)
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| Filing 398 MINUTES OF Final Pretrial Conference (Held and Completed) before Judge Fernando M. Olguin: The final pretrial conference is held. The court confers with counsel as set forth on the record. Jury Trial will begin on 1/14/2014 at 8:30 AM. Court Reporter: Lisa Gonzalez. (jp) |
| Filing 397 PRELIMINARY JURY INSTRUCTIONS by Judge Fernando M. Olguin.(vdr) |
| Filing 396 Plaintiff's Unopposed Request to Limit Facts Read to the Jury re: Minutes of In Chambers Order/Directive - no proceeding held #392 (Grunfeld, Daniel) |
| Filing 414 SEALED DOCUMENT- ORDER granting Plaintiff's Application to Lodge Under Seal. (mat) |
| Filing 413 SEALED DOCUMENT- PLAINTIFF'S APPLICATION to Lodge Under Seal Documents Lodged Pursuant to January 9, 2014 Court Order [Dkt.384]; Declaration of Daniel Grunfeld in Support of Plaintiff's Application and Documents to be Lodged Under Seal. (mat) |
| Filing 395 NOTICE OF LODGING filed OF ROUGH TRANSCRIPT OF MEET AND CONFER re Statement #394 (Attachments: #1 Rough Transcript of Meet and Confer)(Walsh, Rachel) |
| Filing 394 STATEMENT JOINT STATEMENT RE STATUS OF SUPPLEMENTAL DAMAGES DISCOVERY filed by Plaintiff Alfred E. Mann Foundation For Scientific Research (Johnson, Daniel) |
| Filing 393 NOTICE PLAINTIFFS NOTICE RE: STATUS OF WITNESS BRYANT GOLD PURSUANT TO THE JANUARY 9, 2014 COURT ORDER [DKT. 384] filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
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Filing 392
MINUTE ORDER IN CHAMBERS RE: TENTATIVE PRELIMINARY JURY INSTRUCTIONS by Judge Fernando M. Olguin. The parties shall by noon on 1/12/2014, submit any additional comments in order to finalize the preliminary instructions. (vdr)
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| Filing 391 TENTATIVE PRELIMINARY JURY INSTRUCTIONS by Judge Fernando M. Olguin.(vdr) |
| Filing 390 Amended NOTICE of Manual Filing filed by Plaintiff Alfred E. Mann Foundation For Scientific Research of Amended Notice of Manual Filing of Plaintiff's Application to Lodge Under Seal Documents Lodged Pursuant to the January 9, 2014 Court Order [Dkt. 384]; Documents to Be Sealed; Declaration of Daniel Grunfeld In Support of Plaintiff's Application; [Proposed] Order Granting Plaintiff's Application to Lodge Under Seal. (Grunfeld, Daniel) |
| Filing 389 NOTICE OF LODGING filed Pursuant to No. 1 of Docket Index 384 re Pretrial Conference - Final, Set/Reset Hearing,, #384 (Chapman, Bruce) |
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Filing 388
MINUTE ORDER IN CHAMBERS RE: WITNESS EXHIBITS AND WITNESS BINDERS by Judge Fernando M. Olguin. *See order for requirements.* (vdr)
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| Filing 387 NOTICE of Under Seal Filing filed Alfred E. Mann Foundation For Scientific Research (Grunfeld, Daniel) |
| Filing 386 NOTICE OF LODGING filed re Pretrial Conference - Final, Set/Reset Hearing,, #384 (Attachments: #1 Ex. A - 3.11.09 Rebuttal Report of John Choma, #2 Ex B. - 1.4.13 Rebuttal Report of John Choma, #3 Ex. C - 3.6.09 Rebuttal Report of Bruce Stone, #4 Ex. D - 1.4.13 Rebuttal Report of Bruce Stone, #5 Ex. E - Cochlear's Section 282 Notice, #6 Ex. F - Cochlear's 9.10.88 Reponse to Foundation's Second Interrogatories)(Grunfeld, Daniel) |
| Filing 385 NOTICE of Manual Filing filed by Plaintiff Alfred E. Mann Foundation For Scientific Research of PLAINTIFFS APPLICATION TO LODGE UNDER SEAL DOCUMENTS LODGED PURSUANT TO THE JANUARY 9, 2014 COURT ORDER [DKT. 384]; DOCUMENTS TO BE SEALED; DECLARATION OF DANIEL GRUNFELD IN SUPPORT OF PLAINTIFFS APPLICATION; [PROPOSED] ORDER GRANTING PLAINTIFFS APPLICATION TO LODGE UNDER SEAL. (Grunfeld, Daniel) |
| Filing 384 MINUTES OF Final Pretrial Conference held before Judge Fernando M. Olguin. Plaintiff's Ex Parte Application #379 is denied. Defendants' Counterclaims 8-11 are dismissed without prejudice. A further pretrial conference is set for 1/13/2014 at 10:00 AM; jury trial continued to 1/14/2014 at 8:30 AM. *See order for other deadlines set.*Court Reporter: Anne Kielwasser. (vdr) |
| Filing 383 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
| Filing 382 PROPOSED SECOND AMENDED SPECIAL JURY VERDICT filed by Defendants Cochlear Corporation, Cochlear Ltd. (Miller, Scott) |
| Filing 381 OPPOSITION re: EX PARTE APPLICATION for Order for Re: Severing Inequitable Conduct Issue Due To Unavailability Of Key Witness, Bryant Gold; Memorandum Of Points And Authorities In Support Of Ex Parte Application #379 filed by Defendants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order)(Chapman, Bruce) |
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Filing 380
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Having reviewed the parties' most recent pretrial filings, the court orders the parties to file(and deliver to the court's mandatory chambers box) revised special verdict forms by 10 a.m. on Thursday, 1/9/2014. (vdr)
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| Filing 379 EX PARTE APPLICATION for Order for Re: Severing Inequitable Conduct Issue Due To Unavailability Of Key Witness, Bryant Gold; Memorandum Of Points And Authorities In Support Of Ex Parte Application filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Declaration Declaration Of Daniel Grunfeld In Support Of Plaintiff's Ex Parte Application, #2 Proposed Order [Proposed] Order Granting Plaintiff's Application For Ex Parte Order Re: Severing Inequitable Conduct Issue Due To Unavailability Of Key Witness, Bryant Gold)(Grunfeld, Daniel) |
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Filing 378
ORDER GRANTING ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH LEAVE TO ENTER COURTHOUSE WITH ELECTRONIC EQUIPMENT FOR USE DURING TRIAL #377 by Judge Fernando M. Olguin that Plaintiff Alfred E. Mann Foundation for Research, through their counsel of record, may bring into the United StatesCourthouse for the Central District of California, Western Division, located at 312 N. Spring Street, the equipment listed below to interface with the Court's display technology, during the above captioned trial in Courtroom 22: Five (5) laptop computers (2) Presentation laptops (1 for back-up) (1) 4-way switch (to switch between laptops) (1) Back-up speakers (1) Small table Cables and wires (VGA, Audio cables, Power Cords, Power strips) forequipment listed above. (jp)
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| Filing 377 REQUEST for Leave to Enter Courthouse with Electronic Equipment for Use During Trial filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 1/13/2014 at 08:30 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Johnson, Daniel) |
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Filing 376
MINUTE ORDER IN CHAMBERS RE: JURY NOTEBOOKS by Judge Fernando M. Olguin. The parties shall deliver to the Courtroom Deputy at 10 a.m. on 1/9/2014, thirteen (13) three ring binders. *See order for requirements.* (vdr)
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Filing 375
ORDER by Judge Fernando M. Olguin GRANTING Request for Approval of Substitution of attorney Dan Grunfeld for plaintiff Alfred E Mann Foundation in place and stead of Scott G Lindvall, Oscar Ramallo, Robert Estrin #370 . (jp)
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Filing 374
ORDER GRANTING DEFENDANTS COCHLEAR LTD. AND COCHLEAR CORPORATION LEAVE TO ENTER COURTHOUSE WITH ELECTRONIC EQUIPMENT FOR PURPOSES OF TRIAL by Judge Fernando M. Olguin, re Miscellaneous Document #371 . It is hereby ordered that, Defendants Cochlear Ltd. and Cochlear Corporation, through their counsel of record, may bring into the United States Courthouse for the Central District of California, Western Division, located at 312 N. Spring Street, the equipment listed below for purposes of trial in Courtroom 22, scheduled to commence on Monday, January 13, 2014: Four (4) laptop computers, One (1) monitor (including a separate monitor amplifier), Toggle switch for laptops, Two (2) extra power cords for laptops, Speaker and Tech table. It is so ordered. (jloz)
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| Filing 373 TRIAL BRIEF filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Lyons, Michael) |
| Filing 372 TRIAL BRIEF filed by Defendants Cochlear Corporation, Cochlear Ltd.. (Miller, Scott) |
| Filing 371 Request for Order Granting Leave to Enter Courthouse with Electronic Equipment for Purposes of Trial filed by Defendants Cochlear Corporation, Cochlear Ltd (Attachments: #1 Proposed Order)(Smith, Dennis) |
| Filing 370 REQUEST to Substitute attorney Daniel Grunfeld in place of attorney Scott Lindvall filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 1/9/2014 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(Grunfeld, Daniel) |
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Filing 369
ORDER RE: BENCH TRIAL by Judge Fernando M. Olguin. *See order for deadlines and requirements.* (vdr)
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| Filing 368 AMENDED DOCUMENT filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. Amendment to Notice (Other) #355 of Lodging of Transcripts of Meet and Confers (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Walsh, Rachel) |
| Filing 367 PROPOSED JURY INSTRUCTIONS (Annotated - Clean set) filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Attachments: #1 Exhibit First Amended Joint Jury Instruction Index)(Johnson, Daniel) |
| Filing 366 APPENDIX filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Re: Jury Verdict (Proposed) #358 , Jury Verdict (Proposed) #359 Joint Meet and Confer Index Re: Special Verdict Form (Lyons, Michael) |
| Filing 365 APPENDIX filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Re: Jury Verdict (Proposed) #358 , Jury Verdict (Proposed) #359 Joint Meet and Confer Index Re: Special Verdict Form Re: Advisory Verdict (Lyons, Michael) |
| Filing 364 APPENDIX filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Re: Jury Instructions (Proposed) #357 Joint Meet and Confer Index Re: Jury Instructions (Lyons, Michael) |
| Filing 363 APPENDIX filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Re: Jury Instructions (Proposed) #357 Joint Meet and Confer Index Re: Advisory Verdict Jury Instructions (Lyons, Michael) |
| Filing 362 Joint Meet and Confer Index Re: Joint Exhibit Stipulations filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd re: Pretrial Conference - Final, Set/Reset Deadlines/Hearings,,,, #342 (Chapman, Bruce) |
| Filing 361 PRETRIAL STIPULATION regarding Exhibits First Amended Joint Proposed Exhibit Stipulation. (Lyons, Michael) |
| Filing 360 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order, #2 Exhibit Index as required by Order re Pretrial Filings D.I. 346, #3 Exhibit Exhibit 1 to Index, #4 Exhibit Exhibit 2 to Index)(Johnson, Daniel) |
| Filing 359 PROPOSED FIRST AMENDED SPECIAL JURY VERDICT filed by Defendants Cochlear Corporation, Cochlear Ltd. (Miller, Scott) |
| Filing 358 PROPOSED First Amended Special JURY VERDICT filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Walsh, Rachel) |
| Filing 357 PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Johnson, Daniel) |
| Filing 356 First Amended Joint Trial Exhibit List filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Lyons, Michael) |
| Filing 355 NOTICE of Lodging of Transcripts of Meet and Confers filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Johnson, Daniel) |
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Filing 354
ORDER RE: MOTIONS IN LIMINE by Judge Fernando M. Olguin. Plaintiff's Motion in Limine No. 1 #320 is denied; No. 2 #321 is denied; No. 3 #322 is granted in part and denied in part; No. 4 #323 is denied; No. 5 #324 is denied as moot. Defendant's Motion in Limine No. 1 #312 is denied; No. 2 #313 is denied as moot; No. 3 #314 is denied; No. 4 #315 is granted in part and denied in part. (vdr)
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| Filing 353 Witness List filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Lyons, Michael) |
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Filing 352
ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT by Judge Fernando M. Olguin. The parties' cross-motions for summary judgment #243 and #251 are denied. (vdr)
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| Filing 351 Witness List filed by FIRST AMENDED WITNESS LIST -- Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd.. (Chapman, Bruce) |
| Filing 350 NOTICE OF FILING TRANSCRIPT filed for proceedings 121913; 11:00 A.M.; re Transcript #349 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY |
| Filing 349 TRANSCRIPT for proceedings held on 121913, 11:00 a.m.;. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213 894-2979; WWW.LISAMARIECSR.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/23/2014. Redacted Transcript Deadline set for 2/2/2014. Release of Transcript Restriction set for 4/2/2014. (Gonzalez, Lisa) |
| Filing 348 NOTICE of Service of Second Supplemental Expert Report of Cate M. Elsten filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Walsh, Rachel) |
| Filing 347 NOTICE of Appearance filed by attorney Rachel Melissa Walsh on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research (Attorney Rachel Melissa Walsh added to party Alfred E. Mann Foundation For Scientific Research(pty:pla), Attorney Rachel Melissa Walsh added to party Alfred E. Mann Foundation For Scientific Research(pty:cd), Attorney Rachel Melissa Walsh added to party Alfred E. Mann Foundation For Scientific Research(pty:cd))(Walsh, Rachel) |
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Filing 346
ORDER RE: PRETRIAL FILINGS by Judge Fernando M. Olguin. *See order for requirements and deadlines.* (vdr)
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| Filing 345 NOTICE REGARDING EXPERT REPORT OF RUSSELL PARR filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 344 TRANSCRIPT ORDER as to Defendants Cochlear Corporation, Cochlear Ltd Court Reporter. Court will contact Bruce Chapman or Dori Dellisanti at BChapman@sheppardmullin.com, DDellisanti@SheppardMullin.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: December 19, 2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chapman, Bruce) |
| Filing 343 NOTICE RE PAYMENT OF SANCTIONS filed by Defendants Cochlear Corporation, Cochlear Ltd. Per Court Order dated 12/19/13 (Chapman, Bruce) |
| Filing 342 MINUTES OF Final Pretrial Conference (held and continued) before Judge Fernando M. Olguin: The final pretrial conference is held. A separate order will issue regarding the matters discussed on the record. Defense counsel is sanctioned $500, payable to the Clerk of the Court, by no later than 12/20/2013. Counsel shall file a notice indicating that payment has been made and is further ordered to send Defendants (clients) notification of the sanction imposed by the court. The Final Pretrial Conference is continued to 1/9/2014 at 10:00 AM. Court Reporter: Lisa Gonzalez. (jp) |
| Filing 341 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Final Pretrial Conference is continued to 12/19/2013 at 11:00 AM before Judge Fernando M. Olguin.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 340 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Final Pretrial Conference is continued to 12/19/2013 at 9:30 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 339 NOTICE filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Regarding New Authority Relevant to Defendants and Counterclaimants Motion in Limine No. 2 (Attachments: #1 Exhibit)(Miller, Scott) |
| Filing 338 PROPOSED JURY INSTRUCTIONS filed by Defendants Cochlear Corporation, Cochlear Ltd.. (Miller, Scott) |
| Filing 337 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Lyons, Michael) |
| Filing 336 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 335 Joint PRETRIAL STIPULATION regarding Exhibits . (Lyons, Michael) |
| Filing 334 Proposed Voir Dire Questions filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Lyons, Michael) |
| Filing 333 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 332 STATEMENT Joint Statement of the Case (Lyons, Michael) |
| Filing 331 Proposed Voir Dire Questions filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd.. (Chapman, Bruce) |
| Filing 330 PROPOSED SPECIAL JURY VERDICT filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 329 NOTICE OF ERRATA filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. correcting MOTION IN LIMINE (#4) to Exclude Evidence Withheld on the Basis of Privilege by Defendants During Discovery #323 Specifically, correcting Proposed Order Docket Entry No. 323-1 in support of Motion in Limine #4 (Attachments: #1 Exhibit 1)(Lyons, Michael) |
| Filing 328 EXHIBIT Filed filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Exhibits 46-56 as to Declaration (Motion related),,,,,,,, #325 . (Attachments: #1 Exhibit 46-Part-2, #2 Exhibit 46-Part-3, #3 Exhibit 46-Part-4, #4 Exhibit 46-Part-5, #5 Exhibit 46-Part-6, #6 Exhibit 46-Part-7, #7 Exhibit 46-Part-8, #8 Exhibit 47, #9 Exhibit 48, #10 Exhibit 49-Part-1, #11 Exhibit 49-Part-2, #12 Exhibit 49-Part-3, #13 Exhibit 49-Part-4, #14 Exhibit 49-Part-5, #15 Exhibit 49-Part-6, #16 Exhibit 49-Part-7, #17 Exhibit 50-Part-1, #18 Exhibit 50-Part-2, #19 Exhibit 50-Part-3, #20 Exhibit 51, #21 Exhibit 52, #22 Exhibit 53, #23 Exhibit 54, #24 Exhibit 55, #25 Exhibit 56)(Lyons, Michael) |
| Filing 327 EXHIBIT Filed filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Exhibits 31-45 as to Declaration (Motion related),,,,,,,, #325 . (Attachments: #1 Exhibit 32, #2 Exhibit 33, #3 Exhibit 34, #4 Exhibit 35, #5 Exhibit 36, #6 Exhibit 37, #7 Exhibit 38, #8 Exhibit 39-Part-1, #9 Exhibit 39-Part-2, #10 Exhibit 39-Part-3, #11 Exhibit 39-Part-4, #12 Exhibit 39-Part-5, #13 Exhibit 39-Part-6, #14 Exhibit 39-Part-7, #15 Exhibit 39-Part-8, #16 Exhibit 40-Part-1, #17 Exhibit 40-Part-2, #18 Exhibit 40-Part-3, #19 Exhibit 40-Part-4, #20 Exhibit 40-Part-5, #21 Exhibit 40-Part-6, #22 Exhibit 40-Part-7, #23 Exhibit 41, #24 Exhibit 42-Part-1, #25 Exhibit 42-Part-2, #26 Exhibit 42-Part-3, #27 Exhibit 43, #28 Exhibit 44, #29 Exhibit 45)(Lyons, Michael) |
| Filing 326 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Johnson, Daniel) |
| Filing 325 DECLARATION of Michael J. Lyons In Support of Plaintiff's Motions in Limine 1-5 and Plaintiff's Opposition to Defendants' Motions in Limine Nos. 1-4 MOTION IN LIMINE to Exclude Evidence of Equitable Defenses Against Enforceability of the Patents, Including Inequitable Conduct, Laches or Estoppel #321 , MOTION IN LIMINE (#1) to Exclude Reference to Plaintiffs' Charitable and/or Humanitarian Activities #312 , MOTION IN LIMINE (#5) to Exclude in Part Testimony of Defendants' Damages Expert, Russel Parr #324 , MOTION IN LIMINE (#4) to Exclude Testimony of Nine Late Identified Witnesses #315 , MOTION IN LIMINE (#3) to Exclude Pre-Notice Damages Evidence #314 , MOTION IN LIMINE (#3) to Exclude All Testimony and Evidence Originating or Otherwise Derived from Defendants' "Patent Law" Expert #322 , MOTION IN LIMINE (#1) to Exclude The McDermott Thesis as Prior Art #320 , MOTION IN LIMINE (#2) to Exclude the Testimony of Cate Elsten Under FRE 702 and Daubert #313 , MOTION IN LIMINE (#4) to Exclude Evidence Withheld on the Basis of Privilege by Defendants During Discovery #323 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (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-Part-1, #21 Exhibit 20-Part-2, #22 Exhibit 20-Part-3, #23 Exhibit 20-Part-4, #24 Exhibit 20-Part-5, #25 Exhibit 20-Part-6, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30)(Lyons, Michael) |
| Filing 324 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude in Part Testimony of Defendants' Damages Expert, Russel Parr filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 323 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Evidence Withheld on the Basis of Privilege by Defendants During Discovery filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 322 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude All Testimony and Evidence Originating or Otherwise Derived from Defendants' "Patent Law" Expert filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 321 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence of Equitable Defenses Against Enforceability of the Patents, Including Inequitable Conduct, Laches or Estoppel filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 320 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude The McDermott Thesis as Prior Art filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Lyons, Michael) |
| Filing 319 DECLARATION of Scott R. Miller IN SUPPORT OF MOTION IN LIMINE (#1) to Exclude Reference to Plaintiffs' Charitable and/or Humanitarian Activities #312 , MOTION IN LIMINE (#4) to Exclude Testimony of Nine Late Identified Witnesses #315 , MOTION IN LIMINE (#2) to Exclude the Testimony of Cate Elsten Under FRE 702 and Daubert #313 , MOTION IN LIMINE (#3) to Exclude Pre-Notice Damages Evidence #314 filed by Defendant Cochlear Corporation, Counter Claimants Cochlear Corporation, Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Exhibit A-J to the Declaration of Scott Miller, #2 Exhibit K part 1 of 2 to the Declaration of Scott Miller, #3 Exhibit K part 2 of 2 to the Declaration of Scott Miller, #4 Exhibit L-X to the Declaration of Scott Miller, #5 Exhibit Y-HH to the Declaration of Scott Miller, #6 Exhibit II-RR to the Declaration of Scott Miller)(Attorney Scott R Miller added to party Cochlear Corporation(pty:cc))(Miller, Scott) |
| Filing 318 Joint Exhibit List filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Lyons, Michael) |
| Filing 317 DECLARATION of Cate Elsten in Opposition to MOTION IN LIMINE (#2) to Exclude the Testimony of Cate Elsten Under FRE 702 and Daubert #313 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Lyons, Michael) |
| Filing 316 Witness List filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.. (Lyons, Michael) |
| Filing 315 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Testimony of Nine Late Identified Witnesses filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Miller, Scott) |
| Filing 314 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Pre-Notice Damages Evidence filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Miller, Scott) |
| Filing 313 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude the Testimony of Cate Elsten Under FRE 702 and Daubert filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Jerry Schloffman, #2 Proposed Order)(Miller, Scott) |
| Filing 312 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Reference to Plaintiffs' Charitable and/or Humanitarian Activities filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 12/17/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Miller, Scott) |
| Filing 311 DECLARATION of Scott R. Miller re Memorandum of Contentions of Fact and Law #310 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Scott) |
| Filing 310 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 309 Witness List filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd.. (Chapman, Bruce) |
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Filing 308
ORDER Re: MOTIONS IN LIMINE by Judge Fernando M. Olguin. (jloz)
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Filing 307
ORDER RE FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The hearings originally scheduled have been rescheduled. See Order for details. (jloz)
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Filing 306
ORDER by Judge Fernando M. Olguin. Defendants' motion for summary judgment #243 as to the issues of indefiniteness of claims 6-9 and 14 of the '691 patent and claims 1 and 12 of the '616 denied without prejudice. Plaintiffs' motion for summary judgment #251 as to the issues of definiteness of claims 6-9 and 14 of the '691 patent and claims 1 and 12 of the '616 patent is denied without prejudice. The court has issued the instant Order to allow the parties to prepare for trial. The court will issue a separate order at a later time. (jloz)
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| Filing 305 STIPULATION to Clarify Filing Date for Joint Motions in Limine filed by Defendants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order)(Attorney Scott R Miller added to party Cochlear Ltd(pty:cc))(Miller, Scott) |
| Filing 304 MINUTES OF Telephone Conference held before Judge Fernando M. Olguin: Hearing held off the record. The court and counsel confer regarding the trial and possible referral to a Magistrate Judge. The court orders counsel to submit confidential letters indicating 1) their willingness to consent to a Magistrate Judge and 2) three (3) names of potential Magistrate Judges to hear the matter. The letters shall be delivered to chambers no later than Monday, October 28, 2013 at 3:00 p.m. Court Reporter: None. (jloz) |
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Filing 303
ORDER RE: TELEPHONE CONFERENCE by Judge Fernando M. Olguin. Counsel for the parties shall appear at a telephonic conference on Friday, October 25, 2013, at 3:00 p.m. The number for the telephonic conference is: (213) 894-0800. The Meeting ID Number is 7002# and the User Password is 3736#. The lines will open 15 minutes before the conference begins. (jloz)
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Filing 302
ORDER DENYING JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND ALL PRETRIAL DEADLINES SET BY ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin, re Stipulation to Continue #301 . (jloz)
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| Filing 301 Joint STIPULATION to Continue Trial from 12/3/13 to 2/10/14 Re: Order, Set/Reset Deadlines/Hearings #300 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Declaration of Daniel Johnson, Jr., #2 Exhibit A to Declaration of Daniel Johnson, Jr., #3 Declaration of Bruce G. Chapman, #4 Proposed Order)(Johnson, Daniel) |
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Filing 300
ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The court hereby sets the following case requirements and deadlines. A summary judgment order will issue separately. (jloz)
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Filing 299
(IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. Having reviewed the case file in the above-captioned matter, the court hereby orders as follows. The parties shall not file any motions until resolution of the summary judgment motions pending before the court and until the court sets pre-trial conference and trial dates. The court will set pre-trial conference and trial dates after resolution of the summary judgment motions. The court's order setting pre-trial conference and trial dates will also set forth specific procedures the parties shall comply with in connection with pre-trial filings and trial, including joint briefing requirements for motions in limine. IT IS SO ORDERED. (jloz)
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Filing 298
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Fernando M. Olguin. The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Continue #294 . The joint stipulation references a Motion that was stricken. (jloz)
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Filing 297
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Fernando M. Olguin. The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION IN LIMINE to Exclude Testimony of Cate Elsten Under FRE 702 and Daubert #293 . Pursuant to Local Rule 7-5, there shall be served and filed with the notice of motion a brief but complete memorandum in support thereof and the points and authorities upon which the moving party will rely; as well as the evidence upon which the moving party will rely. (jloz)
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| Filing 294 [THIS DOCUMENT IS HEREBY STRICKEN BY ORDER OF THE COURT] Joint STIPULATION to Continue Continue Hearing Re: Motion to Exclude Testimony of Cate Elsten from October 24, 2013 to November 7, 2013 Re: MOTION IN LIMINE to Exclude Testimony of Cate Elsten Under FRE 702 and Daubert #293 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Johnson, Daniel) Modified on 10/1/2013 (jloz). |
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Filing 296
NOTICE OF DISCREPANCY AND ORDER: by Judge Fernando M. Olguin, ORDERING Defendant Daubert Motion to Exclude and Defendant Confidential Exhibits A-L, submitted by Defendants Cochlear Corporation, Cochlear Ltd received on 9/26/13 is not to be filed but instead rejected. Denial based on: Defendant did not list the Application and Proposed Order on the notice of Manual Filing. (lom)
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Filing 295
NOTICE OF DISCREPANCY AND ORDER: by Judge Fernando M. Olguin, ORDERING Defendant Application to File Under Seal and Proposed Order submitted by Defendants Cochlear Corporation, Cochlear Ltd received on 9/26/13 is not to be filed but instead rejected. Denial based on: Defendant did not list the Application and Proposed Order on the notice of Manual Filing. (lom)
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| Filing 293 [THIS DOCUMENT IS HEREBY STRICKEN BY ORDER OF THE COURT] NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony of Cate Elsten Under FRE 702 and Daubert filed by Defendants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 10/24/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Scott R. Miller, #2 Declaration of Jerry Schloffman, #3 Proposed Order)(Miller, Scott) Modified on 10/1/2013 (jloz). |
| Filing 292 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of Exhibits A - L to Declaration of Scott R. Miller; and Points and Authorities to Defendants' Daubert Motion. (Miller, Scott) |
| Filing 291 SUPPLEMENT to MOTION for Summary Judgment #251 and Reply to Cochlear's Supplemental Motion for Summary Judgment filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Johnson, Daniel) |
| Filing 290 SUPPLEMENT to MOTION for Summary Judgment #243 and Reply to Plaintiff's Supplemental Memorandum in Support of its Motion for Summary Judgment filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Corporation, Cochlear Ltd, Cochlear Ltd. (Chapman, Bruce) |
| Filing 289 Notice of Appearance or Withdrawal of Counsel: for attorney Laura M Burson counsel for Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Filed by Defendants and Counterclaimants Cochlear Ltd. and Cochlear Americas. (Burson, Laura) |
| Filing 288 Notice of Appearance or Withdrawal of Counsel: for attorney Scott R Miller counsel for Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Adding Scott R. Miller as attorney as counsel of record for Cochlear Limited and Cochlear Americas for the reason indicated in the G-123 Notice. Filed by Defendants and Counterclaimants Cochlear Limited and Cochlear Americas. (Miller, Scott) |
| Filing 287 TRANSCRIPT ORDER as to Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd Court Reporter. Court will contact Bruce Chapman or Dori Dellisanti at bchapman@sheppardmullin.com and ddellisanti@sheppardmullin.com with any questions regarding this order. Transcript portion requested: Other: Motion for Summary Judgment, Aug. 29, 2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chapman, Bruce) |
| Filing 286 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/29/13 10:30 a.m. re Transcript #285 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
| Filing 285 TRANSCRIPT for proceedings held on 8/29/13 10:30 a.m.. Court Reporter: LISA M. GONZALEZ, CSR, phone number (213) 894-2826. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/30/2013. Redacted Transcript Deadline set for 10/10/2013. Release of Transcript Restriction set for 12/8/2013. (ha) |
| Filing 284 SUPPLEMENT to MOTION for Summary Judgment #251 pursuant to the Court's Order of 8/29/2013 [D.I. 282] filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Johnson, Daniel) |
| Filing 283 SUPPLEMENT to MOTION for Summary Judgment #243 pursuant to the Court's Order of 8/29/2013 [D.I. 282] filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 281 TRANSCRIPT ORDER as to Plaintiff Alfred E. Mann Foundation For Scientific Research Court Reporter. Court will contact Jason E. Gettleman at jgettleman@morganlewis.com with any questions regarding this order. Transcript portion requested: Other: 08/29/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Gettleman, Jason) |
| Filing 282 MINUTES OF MOTION FOR SUMMARY JUDGMENT #243 and #251 . Motion hearing held. Motions for Summary Judgment #243 and #251 are denied in part as to the issues of inequitable conduct pertaining to U.S. Patent Nos. 5,609,616 and 5,938,691, and the infringement or non-infringement of claim 10 of the '616 patent. As to the issues of definiteness and indefiniteness of claims 6-9 and 14 of the 691 patent and claims 1 and 12 of the 616 patent, the parties shall each file a supplemental memorandum of points and authorities no later than September 5, 2013. The parties may each file a reply brief no later than September 12, 2013, which shall not exceed six (6) pages. Unless the court orders otherwise, this case will be deemed submitted, without further oral argument. The court may order further briefing or other proceedings, at any time, as appropriate. Court Reporter: Lisa Gonzalez. (jloz) |
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Filing 278
ORDER GRANTING DEFENDANTS COCHLEAR LTD. AND COCHLEAR CORPORATION LEAVE TO ENTER COURTHOUSE WITH ELECTRONIC EQUIPMENT FOR USE DURING ORAL ARGUMENT by Judge Fernando M. Olguin: Request #276 is granted. Defendants may bring two laptop computers into the United States Courthouse, Western Division, located at 312 N. Spring Street, Courtroom 22. (jloz)
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Filing 277
ORDER GRANTING ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH LEAVE TO ENTER COURTHOUSE WITH ELECTRONIC EQUIPMENT FOR USE DURING ORAL ARGUMENT by Judge Fernando M. Olguin: Request #274 is granted. Plaintiff may bring three laptop computers into the United States Courthouse, Western Division, located at 312 N. Spring Street, Courtroom 22. (jloz)
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| Filing 280 SEALED DOCUMENT- NOTICE OF LODGING UNDER SEAL Deposition Transcript of Darrin Young. (mat) |
| Filing 276 Amended REQUEST for Order for Granting Leave to Enter Courthouse with Electronic Equipment for Use During Oral Argument filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 8/29/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Johnson, Daniel) |
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Filing 275
(IN CHAMBERS) ORDER RE: APPLICATION TO FILE UNDER SEAL by Judge Fernando M. Olguin: Application to Seal #272 is granted. This Order is without prejudice to the court or any party referring to the designated materials in open court or in a court decision. The parties are advised that unless they identify a limited amount of exceptionally sensitive information that truly deserves protection, this court will not allow materials to be filed under seal. Compelling reasons, which amount to more than good cause, must be shown for sealing documents used in dispositive motions and at trial. See Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). (jloz)
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| Filing 274 REQUEST for Order for Granting Leave to Enter Courthouse with Electronic Equipment for Use During Oral Argument filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 8/29/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Johnson, Daniel) |
| Filing 273 Request for Order Granting Leave to Enter Courthouse with Electronic Equipment for Use During Oral Argument filed by Defendants Cochlear Corporation, Cochlear Ltd re: MOTION for Summary Judgment #243 (Attachments: #1 Proposed Order)(Smith, Dennis) |
| Filing 279 NOTICE OF LODGING of Deposition Transcript of Bryant Gold filed by Defendants, Counter Claimants Cochlear Corporation, Cochlear Ltd. (jp) |
| Filing 272 APPLICATION to Lodge Deposition of Darrin Young, PH.D Under Seal filed by defendants Cochlear Corporation, Cochlear Ltd. (jp) |
| Filing 271 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd of (1) L.R. 79-5 Application to Lodge Deposition Transcript of Darrin Young Under Seal; (2) [Proposed] Order to Lodge Deposition Transcript Under Seal; (3) Deposition Transcript of Darrin Young; and (4) Deposition Transcript of Bryant Gold. (Chapman, Bruce) |
| Filing 270 NOTICE OF LODGING filed by Defendants re MOTION for Summary Judgment #243 (Chapman, Bruce) |
| Filing 269 MINUTES OF Settlement Conference held before Magistrate Judge Stephen J. Hillman. Settlement conference held in chambers on August 13, 2013 for 1 hour. Case does not settle. Magistrate Judge remains available. (gr) |
| Filing 268 STATUS REPORT (JOINT) RE SETTLEMENT CONFERENCE filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 267 SCHEDULING NOTICE TEXT ONLY ENTRY by Magistrate Judge Stephen J. Hillman re: Order, Set/Reset Hearing #242 previously scheduled for 8/12/2013 10:00am has been rescheduled. Settlement Conference set for 8/12/2013 09:00 AM before Magistrate Judge Stephen J. Hillman. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sbu) TEXT ONLY ENTRY |
| Filing 266 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX. [VOLUME 10 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4). (jp) (Additional attachment(s) added on 8/2/2013: #4 Part 5) (jp). |
| Filing 265 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 9 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11). (jp) |
| Filing 264 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 8 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Par 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14). (jp) |
| Filing 263 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 7 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6). (jp) |
| Filing 262 SEALED DOCUMENT - JOINT EVIDENTIARYU APPENDIX [VOLUME 6 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6). (jp) |
| Filing 261 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 5 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10). (jp) |
| Filing 260 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 4 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7). (jp) |
| Filing 259 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 3 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8). (jp) |
| Filing 258 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 2 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6). (jp) |
| Filing 257 SEALED DOCUMENT - JOINT EVIDENTIARY APPENDIX [VOLUME 1 OF 10]. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7). (jp) |
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Filing 256
ORDER by Judge Fernando M. Olguin GRANTING Application to File Joint Evidentiary Appendix Under Seal #248 . (jp)
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| Filing 255 NOTICE of Appearance filed by attorney Jason Evan Gettleman on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research (Gettleman, Jason) |
| Filing 254 NOTICE of Appearance filed by attorney Michael J Lyons on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research (Lyons, Michael) |
| Filing 253 NOTICE of Appearance filed by attorney Daniel Johnson, Jr on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research (Johnson, Daniel) |
| Filing 252 NOTICE of Change of Attorney Business or Contact Information: for attorney Daniel Grunfeld counsel for Plaintiff Alfred E. Mann Foundation For Scientific Research. Changing Firm Name to Morgan, Lewis & Bockius LLP, 300 South Grand Avenue, Twenty-Second Floor, Los Angeles, CA 90071-3132. Changing e-mail and fax number to dgrunfeld@morganlewis.com; Fax: 213.612.2501. Filed by Plaintiff ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH. (Grunfeld, Daniel) |
| Filing 251 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 8/29/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Ramallo, Oscar) |
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Filing 250
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Fernando M. Olguin: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order, MOTION for Summary Judgment #247 , for the following reasons: Hearing information is not timely; the motion date is closed. (kd) Modified on 7/23/2013 (kd).
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| Filing 249 Notice of Electronic Filing re APPLICATION to Seal #248 e-mailed to Daniel Grunfeld bounced due to invalid e-mail address. Attorney left the firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(rrey) TEXT ONLY ENTRY |
| Filing 248 L.R. 79-5 APPLICATION to File Joint Evidentiary Appendix Under Seal filed by Defendants, Counter Claimant Cochlear Corporation, Cochlear Ltd. Lodged Proposed Order. (jp) |
| Filing 247 [STRICKEN pursuant to Court Order #250 ] NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 8/22/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order)(Ramallo, Oscar) Modified on 7/23/2013 (kd). |
| Filing 246 MEMORANDUM in Support of MOTION for Summary Judgment #243 (Joint) filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 245 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of (1) L.R. 79-5 Application to File Joint Evidentiary Appendix Under Seal; (2) [Proposed] Order to File Document Under Seal; (3) Joint Evidentiary Appendix (10 Volumes). (Chapman, Bruce) |
| Filing 244 STATEMENT of Uncontroverted Facts MOTION for Summary Judgment #243 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 243 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 8/29/2013 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 [Proposed] Final Judgment)(Chapman, Bruce) |
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Filing 242
ORDER by Magistrate Judge Stephen J. Hillman,, ORDER by Magistrate Judge Stephen J. Hillman Set hearings( Settlement Conference set for 8/12/2013 10:00 AM before Magistrate Judge Stephen J. Hillman.) (sbu)
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| Filing 241 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Having reviewed the parties' Joint Request #239 for Guidance Regarding Mediation, the court orders that the parties appear before Magistrate Judge Hillman to complete their settlement conference. As stated in the court's Order re Further Proceedings of 2/15/2013, the parties shall complete their settlement conference by 8/22/2013, and contact the Magistrate Judge's deputy clerk with enough time so that the settlement conference date is early enough to comply with this deadline.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vdr) TEXT ONLY ENTRY |
| Filing 240 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Court is in receipt of the Joint Request #239 for Guidance Regarding Mediation. Counsel are required to file a notice of lodging for the purpose of lodging a proposed order concerning their request. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vdr) TEXT ONLY ENTRY |
| Filing 239 STATUS REPORT JOINT REQUEST FOR GUIDANCE REGARDING MEDIATION filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Grunfeld, Daniel) |
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Filing 238
AMENDED ORDER RE SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin, re Stipulation #237 . (vdr)
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| Filing 237 STIPULATION for Order Re Summary Judgment Motion Procedure filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order)(Nelson, Manuel) |
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Filing 236
ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. Having reviewed the parties' Joint Status Report #235 , the court sets further deadlines. *SEE ORDER FOR DEADLINES.** (vdr)
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| Filing 235 STATUS REPORT regarding proposed case schedule and substitution of expert witness filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Ramallo, Oscar) |
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Filing 234
ORDER STAYING CASE SCHEDULE #233 by Judge Fernando M. Olguin: In light of the Status Report of the parties, the Court hereby stays the case schedule entered on October 17, 2012 (Docket No. 231) to allow the parties to meet and confer on a modified case schedule in light of AMFs need to address Dr. Choma's unavailability. The parties shall propose a modified case schedule no laterthan 2/11/2013. (jp)
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| Filing 233 STATUS REPORT Joint Status Report filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order, #2 Proof Of Service)(Grunfeld, Daniel) |
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Filing 232
ORDER OF THE CHIEF JUDGE (#13-047) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Fernando M. Olguin, this case is transferred from Judge George H. King to the calendar of Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 07-08108 FMO(SHx). (rn)
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Filing 231
ORDER ADOPTING JOINT PROPOSED CASE SCHEDULE by Judge George H. King, re Stipulation for Order #229 : The Court has considered and approved the Joint Proposed Schedule filed by the parties. Accordingly, the following schedule shall govern this case: November 2, 2012: Document discovery supplementation complete. November 30, 2012: Deadline for parties to supplement any non-rebuttal expert report. January 4, 2013: Deadline for parties to supplement any rebuttal expert report. February 1, 2013: Close of expert depositions. February 22, 2013: Initial exchange of summary judgment briefing. March 18, 2013: Exchange of summary judgment opposition briefing. March 25, 2013: Exchange of final summary judgment briefing. April 1, 2013: Summary judgment briefing filed. April 15, 2013: Mediation briefing filed with Magistrate Judge. April 24, 2013 (or as soon thereafter as the Magistrate Judge's and parties' schedules permit): Mediation. Within 7 days of mediation: Joint Status Report filed with Court. The parties may further update damages reports before trial to reflect sales of additional accused products. (bm)
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| Filing 229 Joint STIPULATION for Order SETTING CASE SCHEDULE filed by plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Grunfeld, Daniel) |
| Filing 230 MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge George H. King: The Court conducts telephonic status conference with counsel regarding the status of the case. Having heard from counsel, Court directs the parties to submit a stipulation and proposed order for the Court's consideration outlining time necessary for limited discovery, revision of expert witness report and the time needed to file cross motions for summary judgment. Once the parties file their cross motions for summary judgment in accordance with the Court's Order re: Summary Judgment Motions (dkt. #35), the Court will refer the parties for further settlement conference before Judge Gandhi. Counsel shall participate in a good faith effort to try and resolve this case. Court will issue such further orders as deemed appropriate. Court Reporter: N/R. (bm) |
| Filing 228 NOTICE of Appearance filed by attorney Oscar Ramallo on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research (Ramallo, Oscar) |
| Filing 227 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Third and Final Joint STatus Report re: Mediation #223 . (ir) |
| Filing 226 NOTICE of Appearance filed by attorney Dennis J Smith on behalf of Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd (Smith, Dennis) |
| Filing 225 NOTICE of Appearance filed by attorney Manuel C Nelson on behalf of Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd (Nelson, Manuel) |
| Filing 224 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Third and Final Joint Status Report re Mediation #223 . The following error was found: Incorrect event selected. The correct event is: Mediation Report (ADR-03) Unable to Reach Agreement used for this entry, event should be filed by the Mediator. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) |
| Filing 223 MEDIATION REPORT Filed by Plaintiff Alfred E. Mann Foundation For Scientific Research: Mediation held on September 11-12, 2012. The parties are unable to reach an agreement at this time.(Grunfeld, Daniel) |
| Filing 222 STATUS REPORT -- SECOND JOINT STATUS REPORT RE MEDIATION filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 221 NOTICE of Change of Attorney Information for attorney Jonathan M Rotter counsel for Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. Filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation for Scientific Research (Rotter, Jonathan) |
| Filing 220 STATUS REPORT RE MEDIATION filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. (Rotter, Jonathan) |
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Filing 219
ORDER by Judge George H. King: Request to Substitute Attorney Bruce G Chapman of Sheppard Mullin Richer & Hampton LLP in place and stead of Connolly Bove Lodge & Hutz LLP #218 GRANTED. (ir)
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| Filing 218 REQUEST to Substitute attorney Bruce G. Chapman of Sheppard Mullin Richter & Hampton LLP in place of attorney Connolly Bove Lodge & Hutz LLP filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order)(Chapman, Bruce) |
| Filing 217 NOTICE of Change of Attorney Information for attorney Bruce G Chapman counsel for Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. John L. Paik will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.John L. Paik is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants COCHLEAR AMERICAS and COCHLEAR LTD. (Chapman, Bruce) |
| Filing 216 NOTICE of Change of Attorney Information for attorney Bruce G Chapman counsel for Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Keith D. Fraser will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Keith D. Fraser is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants COCHLEAR AMERICAS and COCHLEAR LTD. (Chapman, Bruce) |
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Filing 215
ORDER by Judge George H. King: The Court having considered the parties' joint status report re mediation and stipulation re mediation date #214 . Deadline for the completion of mediation is extended through and including 9/12/12, with the parties to file a joint status report within forty-eight hours of the conclusion of mediation. (ir)
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| Filing 214 STATUS REPORT JOINT STATUS REPORT RE MEDIATION AND STIPULATION RE MEDIATION DATE filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Rotter, Jonathan) |
| Filing 213 STATUS REPORT JOINT filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
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Filing 212
MINUTES (IN CHAMBERS): ORDER RE: Parties' Objections to the Special Master's Report on Claim Construction; Motion to Set Case Schedule Through Trial by Judge George H. King: (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS).....We hereby adopt all portions of the R&R to which the Parties have filed no objections. We SUSTAIN AMF's only objection and conclude that "the results of the measurements made within the implanted stimulator,"which is part of Group 14 claims terms from claim 10 of the '616 Patent, requires no construction as it is not a separate limitation on the claim term of which it is a part. We OVERRULE all of Cochlear's objections and ADOPT the Special Master's recommendations as to the claim terms to which Cochlear objects.We hereby adopt all portions of the R&R to which the Parties have filed no objections. WeSUSTAIN AMF's only objection and conclude that "the results of the measurements made within the implanted stimulator," which is part of Group 14 claims terms from claim 10 of the '616 Patent, requires no construction as it is not a separate limitation on the claim term of which it is a part. We OVERRULE all of Cochlear's objections and ADOPT the Special Master's recommendations as to the claim terms to which Cochlear objects. RE: denying #205 Motion Set Case Schedule Through Trial (lw)
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| Filing 211 NOTICE of Change of Attorney Information for attorney Bruce G Chapman counsel for Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Keith D. Fraser will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Keith D. Fraser is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants and Counterclaimants Cochlear Corporation and Cochlear Ltd. (Chapman, Bruce) |
| Filing 210 MINUTES (IN CHAMBERS) by Judge George H. King: On the court's own motion, Plaintiff's Objections and Motion to Modify and Adopt the Special Master'sReport and Recommendation on Claim Construction #204 , Plaintiff's Motion to Set Case Schedule Through Trial #205 , noticed for hearing on 1/23/2012, are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. FRCP 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (jp) |
| Filing 209 OBJECTIONS to Objections - non-motion #203 Alfred E. Mann Foundation for Scientific Research's Opposition to Cochlear Ltd.'s Objections to Report and Recommendation on Claim Construction filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order of Daniel Grunfeld in Support of Alfred E. Mann Foundation for Scientific Research's Opposition to Cochlear Corporation's and Cochlear Ltd.'s Objections to Report and Recommendation on Claim Construction)(Rotter, Jonathan) |
| Filing 208 MEMORANDUM in Opposition to AMF's Objections and Motion to Modify and Adopt the Special Master's Report and Recommendation on Claim Construction filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 207 REPLY in support of MOTION to Set Trial Date on subject to the Court's calendar #205 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Declaration of Daniel Grunfeld in Support of Alfred E. Mann Foundation for Scientific Research's Reply in Support of its Motion to Set Case Schedule Through Trial, #2 Proposed Order Granting Alfred E. Mann Foundation for Scientific Research's Motion to Set Case Schedule Through Trial)(Rotter, Jonathan) |
| Filing 206 MEMORANDUM in Opposition to MOTION to Set Trial Date on subject to the Court's calendar #205 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Declaration of Bruce G. Chapman in Support Thereof)(Chapman, Bruce) |
| Filing 205 NOTICE OF MOTION AND MOTION to Set Trial Date on subject to the Court's calendar filed by plaintiff and counterdefendant Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 1/23/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Alfred E. Mann Foundation for Scientific Research's Memorandum of Points and Authorities in Support of Motion to Set Case Schedule Through Trial, #2 Declaration of Alfred E. Mann in Support of Alfred E. Mann Foundation for Scientific Research's Scheduling Motion, #3 Declaration of Daniel Grunfeld in Support of Alfred E. Mann Foundation for Scientific Research's Notice of Motion to Set Case Schedule Through Trial, #4 Proposed Order Granting Alfred E. Mann Foundation for Scientific Research's Motion to Set Case Schedule Through Trial)(Rotter, Jonathan) |
| Filing 204 OBJECTIONS to Report #200 , Order,,,, #202 Alfred E. Mann Foundation for Scientific Research's Objection to and Motion to Modify and Adopt the Special Master's Report and Recommendation on Claim Construction filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Declaration Declaration of Jonathan Rotter in Support)(Rotter, Jonathan) |
| Filing 203 OBJECTIONS to Report #200 and Recommendation on Claim Construction filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Exhibit A)(Chapman, Bruce) |
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Filing 202
ORDER GRANTING STIPULATION REGARDING EXTENSION OF TIME AND BRIEFING SCHEDULE FOR OBJECTIONS TO AND MOTIONS TO MODIFY OR ADOPT THE SPECIAL MASTERS REPORT AND RECOMMENDATION ON CLAIM CONSTRUCTION by Judge George H. King, re Stipulation for Extension of Time to File, #201 : The Court, having considered the parties' joint Stipulation regarding an extension of time within which the parties may, pursuant to Rule 53(f)(2) of the Federal Rules of Civil Procedure ("FRCvP"), object to, or move to adopt or modify, the Special Master's Report and Recommendation on Claim Construction filed November 8, 2011 (DI 200), and finding good cause therefor, IT IS HEREBY ORDERED that the time within which the parties may, pursuant to FRCvP 53(f)(2), object to, or move to adopt or modify, the Special Masters Report and Recommendation on Claim Construction filed November 8, 2011 (DI 200) is extended to December 19, 2011 (inclusive); and that any oppositions to any such motion(s) or objection(s) must be served and filed by January 9, 2012, that no replies will be submitted, and that a hearing will be had on January 23, 2012. (bm)
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| Filing 201 Joint STIPULATION for Extension of Time to File Extension of Time and Briefing Schedule for Objections to and Motions to Modify or Adopt the Special Master's Report and Recommendation on Claim Construction filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order Granting Stipulation Regarding Extension of Time and Briefing Schedule for Objections to and Motions to Modify or Adopt the Special Master's Report and Recommendation on Claim Construction)(Rotter, Jonathan) |
| Filing 200 SPECIAL MASTER'S REPORT AND RECOMMENDATION ON CLAIM CONSTRUCTION (bm) |
| Filing 199 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/26/2011 1:59pm (ml) |
| Filing 198 TRANSCRIPT for proceedings held on 7/26/2011 1:59pm. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/18/2011. (ml) |
| Filing 197 MINUTES OF Motion Hearing held before Magistrate Judge Stephen J. Hillman, Following oral argument, this Court grants Plaintiff Alfred E. Mann FoundationsMotion to Compel. #184 Motion to Compel; Court Recorder: CS 7-26-11. (SEE ORDER FOR FURTHER DETAILS) (lmh) |
| Filing 195 NOTICE OF LODGING filed re MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) #184 (Attachments: #1 Exhibit [REVISED PROPOSED] Order Granting Alfred E. Mann Foundation for Scientific Research's motion to Compel Compliance with FRCP 26(e))(Rotter, Jonathan) |
| Filing 194 NOTICE OF ERRATA filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. correcting Motion Related Document,, #193 (Rotter, Jonathan) |
| Filing 193 [REVISED PROPOSED] ORDER GRANTING ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH'S MOTION TO COMPEL COMPLIANCE WITH FRCP 26(e) [REVISIONS REDLINED] re MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) #184 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendants Alfred E. Mann Foundation For Scientific Research, Alfred E. Mann Foundation For Scientific Research. (Rotter, Jonathan) |
| Filing 191 SUPPLEMENT to MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) #184 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Rotter, Jonathan) |
| Filing 190 SUPPLEMENT to MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) #184 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
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Filing 189
MINUTE ORDER IN CHAMBERS by Magistrate Judge Stephen J. Hillman: re: MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) ORDER by Magistrate Judge Stephen J. Hillman The hearings originally scheduled for July 25, 2011 at 9:30 a.m. has been rescheduled to July 26, 2011 at 2:00 p.m. #184 . (sbu)
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| Filing 196 SEALED DOCUMENT- Declaration of Manuel Nelson in Opposition to Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e)(LR 37-2.1) (Attachments: Part 2, Part 3)(mat) |
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Filing 192
ORDER by Magistrate Judge Stephen J. Hillman, The Court having considered Defendants' Application to File Under Seal Declaration of Manuel Nelson in Opposition to Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e)(L.R. 37-2.1), and finding good cause, IT IS HEREBY ORDERED that the following document shall be filed under seal pursuant to Local Rule 79-5: 1. Declaration of Manuel Nelson in Opposition to Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e)(L.R. 37-2.1), together with Exhibits. IT IS SO ORDERED. #186 Application to Seal (lmh)
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| Filing 188 NOTICE OF REFERRAL OF MATTER to the Magistrate Judge. Pursuant to the Judge's directive, the matter of Plaintiff/Counterdefendants' Motion to Compel #184 e-filed on June 30, 2011 and currently scheduled for hearing on July 25, 2011 at 9:30 a.m. is hereby referred to Magistrate Judge Stephen J. Hillman for hearing. (bm) |
| Filing 187 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Stephen J. Hillman for any discovery and/or post-judgment matters that may be referred. Case number will now read CV 07-08108 GHK(SHx). (rn) |
| Filing 186 L.R. 79-5 APPLICATION TO FILE UNDER SEAL Declaration Of Manuel Nelson In Opposition To Alfred E. Mann Foundation For Scientific Research's Motion To Compel Compliance With FRCP 26(e) (L.R. 37-2.1) filed by defendants and counterclaimants Cochlear Ltd. Lodged proposed order. (bm) |
| Filing 185 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of (1) L.R. 79-5 Application to File Declaration of M. Nelson Under Seal; (2) [Proposed] Order to File Declaration Under Seal; (3) Declaration of Manuel Nelson in Opposition to Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e) (L.R. 37-2.1) and Exhibits. (Chapman, Bruce) |
| Filing 184 NOTICE OF MOTION AND MOTION to Compel Compliance with FRCP 26(e) (L.R. 37) filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 7/25/2011 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum re Joint Stipulation Concerning Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e) (L.R. 37-2.1), #2 Declaration of Cate Elsten in Support of Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e) (L.R. 37-2.1), #3 Declaration of Daniel Grunfeld in Support of Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e) (L.R. 37-2.1), #4 Declaration of Lee Thompson in Opposition to Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e), #5 Declaration of Tony Nygard in Opposition to Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e), #6 Proposed Order Granting Alfred E. Mann Foundation for Scientific Research's Motion to Compel Compliance with FRCP 26(e))(Rotter, Jonathan) |
| Filing 183 NOTICE Notice of Markman Hearing with Special Master filed by Special Master Gale Peterson. (Peterson, Gale) |
| Filing 182 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court, by Beatrice Herrera, Clerk to Judge King. The document is accepted as filed. RE: Rule 53 Affidavit #180 (lw) |
| Filing 181 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Rule 53 Affidavit #180 . The following error(s) was found: Incorrect event selected. The correct event is: Miscellaneous Filings (Non-Motion)-Affidavit. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 180 NOTICE Rule 53 Affidavit of Gale R. Peterson filed by Special Master Gale Peterson. (Peterson, Gale) |
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Filing 179
MINUTE: (In Chambers) Order re: Joint Status Report Regarding Appointment of Special Master: This matter is before the Court on the Parties Joint Status Report Regarding Appointment of Special Master #178 . Pursuant to that report, Gale (Pete) Peterson is hereby APPOINTED as special master to consider arguments of the parties re: claim construction, and to provide the Court with his report and recommendation re: the construction of the disputed claim terms.Advanced Bionics, LLC (AB) will be permitted to participate in the proceedings before the special master. However, we do not impose conditions or limitations on the special master proceedings. We authorize the special master to conduct proceedings he deems appropriate in carrying out our reference. Inasmuch as AB has elected to participate, the fees and costs of the special master proceedings shall be shared equally by all Parties. Nevertheless, we may revisit the issue depending upon ABs actual participation in the special master proceedings IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 178 STATUS REPORT REGARDING APPOINTMENT OF SPECIAL MASTER (GALE "PETE" PETERSON) filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 [PROPOSED] Order Regarding Appointment of Special Master, Gale "Pete" Peterson, and Claim Construction Hearing (F.R.C.P. 53))(Rotter, Jonathan) |
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Filing 177
MINUTE ORDER IN CHAMBERS re: Joint Status Report by Judge George H. King: On January 21, 2011, the Parties in this action filed a Joint Status Report updating the Court on settlement discussions and the potential appointment of a special master. Having reviewed that Joint Status Report, we decline to order further mediation at this time. The Parties agreed to the appointment of Robert L. Harmon as a special master. The Parties stated that they would file a supplement detailing his interest in and availability for such appointment. To date no such supplement has been filed. Within seven (7) days hereof the Parties SHALL file a joint status report updating the Court as to the availability of Mr. Harmon. (bm)
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| Filing 176 STATUS REPORT REGARDING SETTLEMENT DISCUSSIONS AND POTENTIAL APPOINTMENT OF SPECIAL MASTER filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1 Curriculum Vitae and List of Prior Special Master Assignments of Robert L. Harmon, #2 Proposed Order Re-Aligning Advanced Bionics, LLC as a Party Plaintiff)(Rotter, Jonathan) |
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Filing 175
MINUTE ORDER IN CHAMBERS re: 1) Status of Settlement Discussions; 2) Potential Appointment of Special Master by Judge George H. King: Now that the issue of Advanced Bionics, LLC's status has been resolved, the Parties are hereby ORDERED to address the following two matters in a joint status report to be filed within thirty (30) days hereof. After reviewing this submission, the Court will hold and/or issue such other order as we deem necessary and appropriate. (see document for further details) (bm)
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| Filing 174 ANSWER TO COUNTERCLAIMS-IN-REPLY filed by Defendants, Counterclaimants and Counterdefendants-in-Reply Cochlear Corporation, Cochlear Ltd.(Chapman, Bruce) |
| Filing 173 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Reply and Counterclaims in Reply #171 (ir) |
| Filing 172 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply and Counterclaims-In-Reply #171 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Document appears to be an answer and counterclaims and is incorrectly captioned (does not indicate an additional caption section of parties filing additional counterclaims with this reply). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 171 REPLY AND COUNTERCLAIMS-IN-REPLY TO COCHLEAR AMERICAS AND COCHLEAR LIMITED'S COUNTERCLAIMS filed by plaintiff/counterdefendant Alfred E. Mann Foundation For Scientific Research. (bm) |
| Filing 170 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is stricken. Initial documents shall be filed in the traditional manner at the Civil Intake Window. Counsel ordered to re-file in compliance with General Order 08-11. RE: Reply and Counterclaim in reply and Counterclaims #168 (ir) |
| Filing 169 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply and Counterclaims-in-Reply #168 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Document #168 should not be electronically filed. Pursuant to General Order 10-07, counsel is not permitted to e-file initiating documents. Any such initiating document must be manually filed at the Civil Intake section of the Clerk's office. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 168 Reply and Counterclaims-in-Reply to Cochlear Americas and Cochlear Limited's Counterclaims; ANSWER to Answer to Complaint, Counterclaim #166 filed by Plaintiff/Counterdefendant Alfred E. Mann Foundation For Scientific Research.(Rotter, Jonathan) |
| Filing 167 ANSWER to Amended Complaint, #164 Answer to First Amended Complaint filed by Defendant Advanced Bionics, LLC.(Malynn, Todd) |
| Filing 166 ANSWER to First Amended Complaint #164 , COUNTERCLAIM against Alfred E. Mann Foundation For Scientific Research filed by defendants and counterclaimants Cochlear Corporation, Cochlear Ltd. (bm) |
| Filing 165 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of DEFENDANTS COCHLEAR CORPORATION (n/k/a COCHLEAR AMERICAS) AND COCHLEAR LIMITEDS ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIMS; DEMAND FOR JURY TRIAL. (Chapman, Bruce) |
| Filing 164 FIRST AMENDED COMPLAINT against defendants Cochlear Corporation, Cochlear Ltd, Advanced Bionics, LLC amending Complaint #1 , filed by plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Summons on First Amended Complaint) (bm) |
| 21 DAY Summons Issued re First Amended Complaint, #164 as to Plaintiff Alfred E. Mann Foundation For Scientific Research. (bm) |
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Filing 163
MINUTE ORDER IN CHAMBERS re: Plaintiff's Motion to Join by Judge George H. King: The Court has before it Plaintiff Alfred E. Mann Foundation for Scientific Research's ("Plaintiff") unopposed motion to join Advanced Bionics, LLC, as a party to this action through the filing of a First Amended Complaint ("FAC") and service of that FAC and a summons upon Advanced Bionics, LLC. The motion is GRANTED. To facilitate the filing of the FAC as a stand-alone document, Plaintiff SHALL file the FAC as a stand-alone document within seven (7) days hereof. (bm)
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Filing 162
ORDER by Judge George H. King granting #156 Unopposed Motion to Join Advanced Bionics, LLC: The Court has before it Plaintiff Alfred E. Mann Foundation for Scientific Research's unopposed motion to join Advanced Bionics, LLC, as a party to this action through the filing of a First Amended Complaint and service of that First Amended Complaint and a summons upon Advanced Bionics, LLC. The motion is granted. (bm)
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Filing 161
MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #157 Request for Hearing: On the court's own motion, Plaintiff's Motion to Join Advanced Bionics, LLC #156 #157 , noticed for hearing on September 27, 2010, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)
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| Filing 160 NOTICE OF NON-OPPOSITION to MOTION to Join in Advanced Bionics, LLC as a Defendant #156 STATEMENT PER L.R. 7-9(b) filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 159 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #158 by Clerk of Court that the document is accepted as filed. The request is regarding a hearing date is set already RE: Request for Hearing #157 . (bm) |
| Filing 158 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Hearing #157 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate attachment to the Request. A stand-alone proposed order can be efiled by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 157 REQUEST for Hearing Status Conference Concurrent with Hearing on Motion to Join Advanced Bionics, re MOTION to Join in Advanced Bionics, LLC as a Defendant #156 , filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 9/27/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Proof of Service)(Rotter, Jonathan) |
| Filing 156 NOTICE OF MOTION AND MOTION to Join in Advanced Bionics, LLC as a Defendant filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 9/27/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities in Support of Alfred E. Mann Foundation for Scientific Research's Unopposed Motion to Join Advanced Bionics, LLC (FRCP 19), #2 Proposed Order Granting Unopposed Motion to Join Advanced Bionics, LLC, #3 Proposed First Amended Complaint for Patent Infringement, Jury Demand, #4 Proof of Service)(Rotter, Jonathan) |
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Filing 155
MINUTES: (In Chambers) Order re: Joint Status Report re: Party Status of Advanced Bionics, LLC: On July 26, 2010, the Parties filed a joint status report advising the Court that Advanced Bionics, LLC (AB) is not amenable to voluntarily joining in this action as a plaintiff, but nonetheless does notintend to oppose a motion to join AB as a necessary party. The Parties agree that Plaintiff Alfred E. Mann Foundation for Scientific Research (AMF) should have leave to file an Amended Complaint adding AB as a defendant. (Dkt. No. 154). Thereafter, the Parties anticipate requesting the Court to re-align AB as an involuntary plaintiff. (Id.). AMF SHALL file a motion to join AB as a necessary party pursuant to Federal Rule of Civil Procedure 19 within thirty (30) days hereof IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 154 STATUS REPORT REGARDING PARTY STATUS OF ADVANCED BIONICS, LLC filed by Counter Defendant Alfred E. Mann Foundation For Scientific Research, Plaintiff Alfred E. Mann Foundation For Scientific Research. (Rotter, Jonathan) |
| Filing 152 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/12/2010; 9:06 a.m. (Rhynard, Nichole) |
| Filing 151 TRANSCRIPT for proceedings held on 7/9/2010; 9:06 a.m.. Court Reporter/Electronic Court Recorder: NICHOLE RHYNARD, phone number 206.579.0261. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/9/2010. Redacted Transcript Deadline set for 8/19/2010. Release of Transcript Restriction set for 10/17/2010. (Rhynard, Nichole) |
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Filing 153
MINUTES: Status Conference re Mandate Reversing and Remanding: The case is called and counsel are present. The Court inquires of the status of the case. The Court having heard from counsel, hereby orders Plaintiffs counsel to contact Advanced Bionics Corporation, LLC and inquire whether it will join the case as the exclusive licensee. Counsel further ordered to submit a Joint Status Report by no later than July 26, 2010 informing the Court whetherAdvanced Bionics Corporation, LLC will be joining the case IT IS SO ORDERED by Judge George H. King Court Reporter: Nichole Rhyhard. (ir)
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Filing 150
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King granting #147 Request to Substitute Attorney. The Court hereby orders that the request of: Alfred E. Mann Foundation for Scientific Research, Plaintiff, to substitute Daniel Grunfeld, Kaye Scholer LLP, who is Retained Counsel, as attorney of record in place and stead of Peter Gergely, Merchant and Gould PC. (bm)
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Filing 149
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King granting #146 Request to Substitute Attorney. The Court hereby orders that the request of: Alfred E. Mann Foundation for Scientific Research, Plaintiff, to substitute Daniel Grunfeld, Kaye Scholer LLP, who is Retained Counsel, as attorney of record in place and stead of Brian Bodine, Lane Powell PC. (bm)
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Filing 148
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King granting #145 Request to Substitute Attorney. The Court hereby orders that the request of: Alfred E. Mann Foundation for Scientific Research, Plaintiff, to substitute Daniel Grunfeld, Kaye Scholer LLP, who is Retained Counsel, as attorney of record in place and stead of Charles Barquist, Morrison and Foerster LLP. (bm)
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| Filing 147 REQUEST to Substitute attorney DANIEL GRUNFELD in place of attorney PETER GERGELY filed by Plaintiff and Counter-Defendant Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 7/9/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order)(Rotter, Jonathan) |
| Filing 146 REQUEST to Substitute attorney DANIEL GRUNFELD in place of attorney BRIAN BODINE filed by Plaintiff and Counter-Defendant Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 7/9/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order)(Rotter, Jonathan) |
| Filing 145 REQUEST to Substitute attorney DANIEL GRUNFELD in place of attorney CHARLES BARQUIST filed by Plaintiff and Counter-Defendant Alfred E. Mann Foundation For Scientific Research. Request set for hearing on 7/9/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order)(Rotter, Jonathan) |
| Filing 144 MINUTES OF IN CHAMBERS ORDER CIVIL MINUTES - REOPENING/CLOSING held before Judge George H. King: Case should have been re-opened on June 23, 2010. JS-5 case. (Case reopened. MD JS-5.) (bm) |
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Filing 142
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge George H. King: granting #140 Application to Appear Pro Hac Vice by Attorney Robert Laurenzi on behalf of Plaintiff Alfred E. Mann Foundation for Scientific Research, designating Daniel Grunfeld as local counsel. (lw)
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Filing 141
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge George H. King: granting #139 Application to Appear Pro Hac Vice by Attorney Scott Lindvall on behalf of Plaintiff Alfred E. Mann Foundation for Scientific Research, designating Daniel Grunfeld as local counsel. (lw)
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| Filing 140 APPLICATION for attorney ROBERT R LAURENZI to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Rotter, Jonathan) |
| Filing 139 APPLICATION for attorney SCOTT G LINDVALL to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Rotter, Jonathan) |
| Filing 143 MANDATE of Federal Circuit filed re: Notice of Appeal to Federal Circuit Court of Appeals #125 CCA # 2009-1447. The decision of the district court is reversed and remanded. Mandate received in this district on 6/24/2010. (dmap) |
| Filing 138 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King: Counsel of record are hereby notified, that matter is placed on the Court's calendar for Status Conference re: U. S. Court of Appeals mandate reversing and remanding on 7/9/2010 at 9:30 a.m. Counsel responsible for the above action SHALL appear on date and time specified herein. (lw) |
| Filing 137 NOTICE of Appearance filed by attorney Jonathan M Rotter on behalf of Counter Defendant Alfred E. Mann Foundation For Scientific Research, Plaintiff Alfred E. Mann Foundation For Scientific Research (Rotter, Jonathan) |
| Filing 135 NOTICE OF FILING TRANSCRIPT filed for proceedings April 20, 2009; 9:40 a.m. (Rickey, Mary) |
| Filing 134 TRANSCRIPT for proceedings held on April 20, 2009; 9:40 a.m.. Court Reporter/Electronic Court Recorder: Mary Riordan Rickey, phone number Mary.USDC@Yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/31/2009. Redacted Transcript Deadline set for 9/10/2009. Release of Transcript Restriction set for 11/8/2009. (Rickey, Mary) |
| Filing 133 BILL OF COSTS. Costs Taxed in amount of $ $21,873.60 in favor of Defendant, Cochlear Corporation and against Plaintiff, Alfred Mann Foundation. #128 (rmo) |
| Filing 132 REPLY in support of application APPLICATION to the Clerk to Tax Costs against Plaintiff and Counter Defendant Alfred E. Mann Foundation For Scientific Research #128 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Declaration (2nd) of Manuel Nelson, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M)(Nelson, Manuel) |
| Filing 131 Amendment to APPLICATION to the Clerk to Tax Costs against Plaintiff and Counter Defendant Alfred E. Mann Foundation For Scientific Research #128 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Nelson, Manuel) |
| Filing 130 Objection Opposition re: APPLICATION to the Clerk to Tax Costs against Plaintiff and Counter Defendant Alfred E. Mann Foundation For Scientific Research #128 Objection filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Declaration Declaration of Brian Bodine in Support of Objection to Defendants Notice of Application to the Clerk to Tax Costs)(Bodine, Brian) |
| Filing 129 USCCA Federal Circuit Information Sheet filed as to Plaintiff Alfred E. Mann Foundation For Scientific Research re Notice of Appeal to Federal Circuit Court of Appeals, #125 (lr) |
| Filing 128 APPLICATION to the Clerk to Tax Costs against Plaintiff and Counter Defendant Alfred E. Mann Foundation For Scientific Research filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Application set for hearing on 7/23/2009 at 10:00 AM before Clerk of Court. (Attachments: #1 Bill of Costs, #2 Declaration of Manuel C. Nelson in Support of Defendants' Notice of Application to the Clerk to Tax Costs, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Chapman, Bruce) |
| Filing 127 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 04/20/09; Court Reporter: Mary Riordan Rickey; Re: #125 (Bodine, Brian) |
| Filing 126 NOTICE of Filing Transcript Order Form for the Federal Circuit filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Bodine, Brian) |
| Filing 125 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. Appeal of Order on Motion to Dismiss, Order on Motion for Sanctions #113 , Judgment #123 Filing fee $455, receipt number 09730000000005490996. (Attachments: #1 Federal Circuit Appeal Information Sheet, #2 Service List, #3 Proof of Service)(Bodine, Brian) |
| Filing 136 SEALED DOCUMENT- Reply Brief in Further Support of Defendants' Motion to Dismiss for Lack of Standing. (mat) |
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Filing 124
MINUTES: (In Chambers) Order Sealing documents; On June 1, 2009 Plaintiff Alfred E Mann Foundation filed a redacted Declaration of Keith D Fraser int the open record in response to our Order of June 15, 2009. We now order tje original Declaration of Keith Fraser, lodged on March 3, 2009, SEALED. The remining motions #83 #86 #88 are DENIED and the documents related to those motions are to be FILED into the open record. Plaintiff's Application to strike Declarations #72 filed October 20, 2008 is DENIED as moot IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 123 JUDGMENT by Judge George H. KingLPursuant to our May 29, 2009 Order dismissing Plaintiff Alfred M Mann Foundation's complaint #113 , this action is DISMISSED for Plaintiff's lack of standing. (MD JS-6, Case Terminated). (ir) |
| Filing 122 DECLARATION of Keith D. Fraser in Support of Defendants Motion to Dismiss and Motion for Sanctions APPLICATION for Leave to File documents under seal #118 and Civil Minutes (in Chambers) Order re Plaintiffs Application to Seal Documents #120 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit REDACTED Exhibits 1082 and 1086 to Declaration of Keith D Fraser in Support of Defendants Motion to Dismiss and Motion for Sanctions, #2 Exhibit REDACTED Exhibits 1087 1090 1091 1092 to Declaration of Keith D Fraser in Support of Defendants Motion to Dismiss and Motion for Sanctions)(Bodine, Brian) |
| Filing 121 NOTICE of Filing Redacted Version of Declaration of Keith D Fraser in Support of Defendants Motion to Dismiss and Motion for Sanctions filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Bodine, Brian) |
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Filing 120
MINUTES (IN CHAMBERS): ORDER regarding Plaintiff's Application to seal documents #118 ; Plaintiff is hereby ORDERED to file an exact copy of that Declaration and Exhibits, with the portions referred to in the Application redacted, into the open record. We will then seal the original, unredacted Declaration and Exhibits in its entirety. Plaintiff shall file such a copy within twelve (12) days hereof IT IS SO ORDERED by Judge George H. King. (ir)
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Filing 119
MINUTES (IN CHAMBERS): Order re: Parties Motions for Partial Summary Judgment; On May 22, 2009, Defendants filed three Motions for Partial Summary Judgment and Plaintiff filed one Motion for Partial Summary Judgment. On May 29, 2009, we granted Defendants Cochlear Corporation, n/k/a Cochlear Americas, and Cochlear Ltd.s (collectively Defendants) Motion to Dismiss. Acordingly, we DENY as moot the Parties Motions for Partial Summary Judgment #106 #107 #108 #111 IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 118 APPLICATION to File documents under seal filed by Plaintiff and Counterdefendant Alfred E. Mann Foundation For Scientific Research. Lodged Proposed order. (ir) |
| Filing 117 DECLARATION of Bryant Gold in Support of Plaintiff's Motion to File Documents Under Seal re Declaration (Motion related), Declaration (Motion related) #78 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Barquist, Charles) |
| Filing 116 DECLARATION of Malcolm Romano in Support of Plaintiff's Application to File Documents Under Seal re Declaration (Motion related), Declaration (Motion related) #78 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Barquist, Charles) |
| Filing 115 NOTICE of Manual Filing filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research of PLAINTIFFS APPLICATION TO FILE DOCUMENTS UNDER SEAL; DECLARATION OF MALCOLM ROMANO IN SUPPORT OF PLAINTIFFS APPLICATION TO FILE DOCUMENTS UNDER SEAL; DECLARATION OF BRYANT GOLD IN SUPPORT OF PLAINTIFFS MOTION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER TO FILE DOCUMENTS UNDER SEAL. (Barquist, Charles) |
| Filing 114 MINUTES OF IN CHAMBERS Order Lifting Provisional Seal of Transcript; Order re:Parties' Applications to Seal Documents held before Judge George H. King: On April 20, 2009, we provisionally sealed the transcript of the hearing held on that same date. The Parties were ordered to show cause within fourteen days why we should permanently seal that transcript. The Parties have made no such showing, and thus the provisional seal is hereby VACATED. As we explained at the hearing, the Parties "have to make a showing of good cause as to each and every one of those terms that [they] believe ought not to be disclosed, which [they] haven't done yet." (Tr. 6:810.) We will give the Parties the benefit of the doubt as to any uncertainties they may have had regarding these instructions, and allow the Parties TEN (10) DAYS to adequately show why the documents listed in the Applications should be filed under seal. This justification SHALL be by page and line number or, where a discussion spans multiple pages, by topic of discussion and page numbers. If the Parties request an entire document or attachment to be sealed, they must make a showing commensurate with the broad scope of such request. If the Parties fail to timely and adequately show good cause for sealing portions of the documents as required by this Order, we SHALL order all lodged documents filed in the open record. (see document for further details) (bm) |
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Filing 113
MEMORANDUM AND ORDER by Judge George H. King granting #73 Motion to Dismiss For Lack of Standing; denying #74 Motion for Sanctions Re: Rule 11 (see document for further details). (bm)
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| Filing 112 APPENDIX filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Re: Statement (Motion related), Statement (Motion related), Statement (Motion related) #110 , MOTION for Partial Summary Judgment as to of Invalidity Under 35 U.S.C. 112 #106 , Memorandum in Support of Motion #109 , MOTION for Summary Judgment as to DISMISSING AFFIRMATIVE DEFENSES OF LACHES, ESTOPPEL AND INEQUITABLE CONDUCT #111 , MOTION for Partial Summary Judgment as to Invalidity of Claim 10 of the '616 Patent #108 , MOTION for Partial Summary Judgment as to No Infringement of Claim 10 of the '616 Patent #107 (EVIDENTIARY) (Attachments: #1 Nelson Decl., #2 Exhibit 1001, #3 Exhibit 1002, #4 DI 49, #5 DI 52, #6 DI 60-2, #7 AMF ROG Response, #8 Cochlear ROG Response, #9 Jan-19 Choma Report, #10 Choma Rebut to Stevenson, #11 Choma Rebut to Loeb, #12 Choma Rebut re Materiality, #13 Choma Decl., #14 Loeb Report, #15 Loeb Decl., #16 Pretty Report, #17 Janssen Decl. (Part 1 of 2), #18 Janssen Decl. (Part 2 of 2), #19 Stevenson Report, #20 Stevenson Decl., #21 Adkins Depo Transcript, #22 Choma Depo Transcript, #23 Gold Depo Transcript, #24 Graunke Depo Transcript, #25 Kelsall Depo Transcript, #26 Loeb Depo Transcript, #27 Mobley Depo Transcript, #28 Nygard Depo Transcript, #29 Patrick Depo Transcript, #30 Pretty Depo Transcript, #31 Rinehart Depo Transcript, #32 Schulman Depo Transcript, #33 Schulman 30(b)(6) Depo Transcript, #34 van den Honert Depo Transcript, #35 07/411,563 Prosecution History, #36 08/447,157 Prosecution History, #37 Exhibit 4, #38 Exhibit 31, #39 Exhibit 49, #40 Exhibit 55, #41 Exhibit 65, #42 Exhibit 1039, #43 Exhibit 1064, #44 Exhibit 1065, #45 Exhibit 1071, #46 Exhibit 1072, #47 Exhibit 1075, #48 Exhibit 1076, #49 Exhibit 1082, #50 Exhibit 1128, #51 Exhibit 1132, #52 Exhibit 1135, #53 Exhibit 1140, #54 Exhibit 1142, #55 Exhibit 1147, #56 Exhibit 1148, #57 Exhibit 1149, #58 Exhibit 1150, #59 Exhibit 1152, #60 Exhibit 1157 (Part 1 of 2), #61 Exhibit 1157 (Part 2 of 2), #62 Dott Decl., #63 COC-0120983-0988, #64 COC-1000001-015)(Nelson, Manuel) |
| Filing 111 NOTICE OF MOTION AND MOTION for Summary Judgment as to DISMISSING AFFIRMATIVE DEFENSES OF LACHES, ESTOPPEL AND INEQUITABLE CONDUCT filed by Plaintiff and Counter Defendant Alfred E. Mann Foundation For Scientific Research. Motion set for hearing on 6/15/2009 at 09:30 AM before Judge George H. King. (Barquist, Charles) |
| Filing 110 JOINT STATEMENT of Uncontroverted Facts MOTION for Partial Summary Judgment as to of Invalidity Under 35 U.S.C. 112 #106 , MOTION for Partial Summary Judgment as to Invalidity of Claim 10 of the '616 Patent #108 , MOTION for Partial Summary Judgment as to No Infringement of Claim 10 of the '616 Patent #107 and Plaintiff's Motions for Partial Summary Judgment filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 109 MEMORANDUM in Support and Opposition (Joint) Re Summary Judgment Motions filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 108 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Invalidity of Claim 10 of the '616 Patent filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 6/15/2009 at 09:30 AM before Judge George H. King. (Chapman, Bruce) |
| Filing 107 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to No Infringement of Claim 10 of the '616 Patent filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 6/15/2009 at 09:30 AM before Judge George H. King. (Chapman, Bruce) |
| Filing 106 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to of Invalidity Under 35 U.S.C. 112 filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 6/15/2009 at 09:30 AM before Judge George H. King. (Chapman, Bruce) |
| Filing 105 STATUS REPORT (JOINT) RE: MEDIATION filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 103 STATUS REPORT on Settlement Discussions filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Defendants Cochlear Corporation, Cochlear Ltd. (Bodine, Brian) |
| Filing 102 STATUS REPORT ON SETTLEMENT DISCUSSIONS filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Barquist, Charles) |
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Filing 101
ORDER RE ACCESS TO REPORTER'S TRANSCRIPT OF PROCEEDINGS OF APRIL 20, 2009 HEARING by Judge George H. King, re Stipulation #97 : Upon consideration of the joint stipulation and good cause appearing, IT IS HEREBY ORDERED that the Court will permit access to the transcript of the April 20, 2009 proceedings on the following basis: (1) A copy of the transcript may be provided to: (a) outside counsel for Cochlear Ltd. and Cochlear Americas; (b) counsel for the Alfred E. Mann Foundation for Scientific Research; and (c) employees of the Alfred E. Mann Foundation for Scientific Research; (d) counsel for Advanced Bionics LLC; (e) employees of Advanced Bionics LLC; and (f) a mediator selected by the parties. (2) The transcript shall not be distributed beyond the above-identified entities except in the event that the transcript becomes public after the expiration of the temporary 14-day period during which the transcript is sealed. (bm)
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Filing 100
ORDER TO CONTINUE DEADLINE FOR FILING SUMMARY JUDGMENT MOTIONS by Judge George H. King, re Stipulation #96 : Upon consideration of the joint stipulation and good cause appearing, it is hereby ordered that the deadline for filing summary judgment motions is continued to May 22, 2009. (bm)
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| Filing 99 Joint STIPULATION for Order Re Access to Reporter's Transcript of Proceedings of April 20, 2009 Hearing filed by Defendants/Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order Re Access to Reporter's Transcript of Proceedings of April 20, 2009 Hearing)(Chapman, Bruce) |
| Filing 98 NOTICE OF ERRATA filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. correcting Stipulation for Order, #97 (Chapman, Bruce) |
| Filing 97 Joint STIPULATION for Order Re Access to Reporter's Transcript of Proceedings from April 20, 2009 Hearing filed by Defendants/Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order Re Access to Reporter's Transcript of Proceedings of April 20, 2009 Hearing)(Chapman, Bruce) |
| Filing 96 Joint STIPULATION to Continue DEADLINE FOR FILING SUMMARY JUDGMENT MOTIONS from May 11, 2009 to May 22, 2009 filed by Plaintiff and Counter-Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Barquist, Charles) |
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Filing 104
MINUTES: MOTION BY DEFENDANTS TO DISMISS FOR LACK OF STANDING #73 . Matter called. Parties present. The Court provisionally seals the transcript of the above proceedings for fourteen (14) days. Within the same fourteen days, counsel shall show cause why the court should permanently seal the transcript. The Court hears oral argument of counsel regarding the Motion to Dismiss. The above Motion to Dismiss for Lack of Standing is taken UNDER SUBMISSSION. Counsel shall file a joint status report within seven (7) days hereof, regarding mediation IT IS SO ORDERED by Judge George H. King Court Reporter: Mary Riordan Rickey. (ir)
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Filing 95
ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS FOR LACK OF STANDING by Judge George H. King, re Stipulation to Continue, #92 : Upon consideration of the joint stipulation and good cause appearing, it is hereby ordered that Defendants Motion to Dismiss for Lack of Standing currently scheduled for Monday, April 13, 2009 at 9:30 a.m. is continued to Monday, April 20, 2009 at 9:30 a.m. (bm)
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| Filing 94 NOTICE of Change of Attorney Information for attorney Kaustuv M Das counsel for Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. Kaustuv Das will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Kaustuv Das is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Alfred Mann Foundation for Scientific Research (Das, Kaustuv) |
| Filing 93 NOTICE of Withdrawal of Attorney Kaustuv Das filed by plaintiff Alfred E. Mann Foundation For Scientific Research. (Das, Kaustuv) |
| Filing 92 Joint STIPULATION to Continue Hearing on Defendants' Motion to Dismiss for Lack of Standing from April 13, 2009 to April 20, 2009 Re: Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings,,,, #91 filed by plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Barquist, Charles) |
| Filing 91 MINUTES OF IN CHAMBERS ORDER re: Hearing on Defendants' Motion to Dismiss for Lack of Standing #73 held before Judge George H. King: This matter is before the Court on Defendants' Motion to Dismiss for Lack of Standing ("Motion"). We previously vacated the hearing date and took this matter under submission without oral argument. However, upon further consideration, we conclude that oral argument may be useful to the Court. Accordingly, the previous submission is hereby VACATED. This matter is placed on calendar for oral argument on this Motion on April 13, 2009 at 9:30 a.m. The hearing SHALL be limited to the instant Motion. (bm) |
| Filing 90 OBJECTIONS TO COCHLEAR'S REPLY re: MOTION to Dismiss For Lack of Standing #73 , MOTION for Sanctions Re: Rule 11 #74 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit A)(Barquist, Charles) |
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Filing 89
MINUTES: (In Chambers) Defendants' Cochlear Corporation and Cochlear Ltd motion to Dismiss For Lack of Standing #73 , and Defendants' Cochlear Corporation and Cochlear Ltd motion for Sanctions Re: Rule 11 #74 ; On the court's own motion, this matter, noticed for hearing on Monday, March 23, 2009 at 9:30 a.m., is taken off calendar and will be taken under submission without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 88 APPLICATION to File Reply brief in further support of Defendants' Motion to dismiss for Lack of Standing under seal filed by Defendants and Counterclaimants Cochlear Corporation and Cochlear Ltd. Lodged Proposed Order. (ir) |
| Filing 87 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of Application to File Document Under Seal; Declaration of Bruce G. Chapman; [Proposed] Order to File Document Under Seal. (Chapman, Bruce) |
| Filing 86 Corrected APPLICATION to Seal and Declaration of Bruce G. Chapman [Executed] in Support Thereof filed by Defendants/Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order to File Document Under Seal)(Chapman, Bruce) |
| Filing 85 REPLY in Support of MOTION for Sanctions Re: Rule 11 #74 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 84 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of Reply Brief in Further Spport of Defendants' Motion to Dismiss for Lack of Standing. (Chapman, Bruce) |
| Filing 83 APPLICATION to Seal and Declaration of Bruce G. Chapman in Support Thereof filed by Defendants / Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order to File Document Under Seal)(Chapman, Bruce) |
| Filing 82 DECLARATION of Malcolm Romano in opposition to MOTION for Sanctions Re: Rule 11 #74 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Barquist, Charles) |
| Filing 81 DECLARATION of Peter A. Gergely in opposition to MOTION for Sanctions Re: Rule 11 #74 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Barquist, Charles) |
| Filing 80 DECLARATION of Brian G. Bodine in opposition to MOTION for Sanctions Re: Rule 11 #74 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Barquist, Charles) |
| Filing 79 NOTICE of Manual Filing filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research of Plaintiff's Opposition to Defendants' Motion for Rule 11 Sanctions; Plaintiff's Opposition to Cochlear's Motion to Dismiss for Lack of Standing; Plaintiff's Ex Parte Application to File Under Seal Its Opposition to Defendants' Motion for Rule 11 Sanctions and Memorandum in Opposition to Cochlear's Motion to Dismiss for Lack of Standing; Plaintiff's [Proposed] Order Granting Plaintiff's Ex Parte Application to File Under Seal Its Opposition to Defendants' Motion for Rule 11 Sanctions and Memorandum in Opposition to Cochlear's Motion to Dismiss for Lack of Standing. (Barquist, Charles) |
| Filing 78 SEALED DOCUMENT - DECLARATION of KEITH D. FRASER IN SUPPORT OF DEFENDANTS' MOTION to Dismiss and Defendants' Motion to Dismiss and Defendants' motion for sanctions.(Attachments: #1 part 2, #2 part 3, #3 part 4)(lra) Modified on 3/6/2009 (lra). |
| Filing 77 SEALED DOCUMENT - MEMORANDUM in Support of DEFENDANTS' MOTION to Dismiss For Lack of Standing (lra) |
| Filing 76 SEALED DOCUMENT - MEMORANDUM in Support of DEFENDANTS' MOTION for Sanctions Re: Rule 11 (lra) |
| Filing 75 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of (1) Memorandum in Support of Defendants' Motion to Dismiss for Lack of Standing, (2) Memorandum in Support of Defendants' Motion for Rule 11 Sanctions, and (3) Declaration of Keith D. Fraser in Support of Defendants' Motion to Dismiss for Lack of Standing and Motion for Rule 11 Sanctions. (Chapman, Bruce) |
| Filing 74 NOTICE OF MOTION AND MOTION for Sanctions Re: Rule 11 filed by Defendants / Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 3/23/2009 at 09:30 AM before Judge George H. King. (Chapman, Bruce) |
| Filing 73 NOTICE OF MOTION AND MOTION to Dismiss For Lack of Standing filed by Defendants / Counterclaimants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 3/23/2009 at 09:30 AM before Judge George H. King. (Chapman, Bruce) |
| Filing 72 APPLICATION to Seal and Declaration of Bruce G. Chapman in Support of Application to Seal: (1) Memorandum in Support of Defendants' Motion to Dismiss for Lack of Standing, (2) Memorandum in Support of Defendants' Motion for Rule 11 Sanctions, and (3) Declaration of Keith D. Fraser in Support of Defendants' Motion to Dismiss for Lack of Standing and Motion for Rule 11 Sanctions (w/exhibits) filed by Defendants / Counterclaimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Proposed Order to File Documents Under Seal)(Chapman, Bruce) |
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Filing 71
ORDER by Judge George H. King pursuant to Stipulation #70 , the time withinwhich the parties shall designate their rebuttal experts, and make the requireddisclosures, is extended from February 27, 2009, to and including March 11, 2009, AND the deadline for the completion of expert discovery is extended from March 31, 2009, to and including April 7, 2009. All other deadlines set by the Courts April 28, 2008 order remained unchanged. (ir)
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| Filing 70 STIPULATION for Order Amend Deadline to Designate Rebuttal Experts and Make Required Disclosures and Amending Deadline for Completing Expert Discovery filed by plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order Amending Deadline to Designate Rebuttal Experts and Make Required Disclosures and Amending Deadline for Completing Expert Discovery)(Das, Kaustuv) |
| Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found re Notice of Change of Attorney Information #68 was docketeding using the incorrect event. Correct docketing event is Notices-Change of Attorney Information (G-06). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 68 NOTICE of Change of Attorney Information filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Bodine, Brian) |
| Filing 67 NOTICE of Withdrawal of Attorney Brett A Hertzberg filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Bodine, Brian) |
| Filing 66 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Stipulation to Clarify #65 does not have proposed order submitted as a separate attachment to the Stipulation. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 65 STIPULATION to Clarify Scope of Relief Demanded by Plaintiff, Re: Complaint - (Discovery) #1 , Reply (non-motion), Reply (non-motion) #49 , filed by Plaintiff Alfred E. Mann Foundation For Scientific Research.(Das, Kaustuv) |
| Filing 64 MINUTES OF IN CHAMBERS ORDER DENYING DEFENDANTS' MOTION TO COMPEL WITHOUT PREJUDICE; ORDERING FURTHER MEET AND CONFER; AND TAKING 12/15/08 HEARING OFF CALENDAR held before Magistrate Judge Carolyn Turchin: re: MOTION to Compel Responses to Document Requests #62 , Joint Stipulation re Discovery Motion #63 . (dam) |
| Filing 63 JOINT STIPULATION to MOTION to Compel Responses to Document Requests #62 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Fraser, Keith) |
| Filing 62 NOTICE OF MOTION AND MOTION to Compel Responses to Document Requests filed by Defendants Cochlear Corporation, Cochlear Ltd. Motion set for hearing on 12/15/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Proposed Order Granting Cochlear Americas' and Cochlear Ltd.'s Motion to Compel Responses to Document Requests)(Fraser, Keith) |
| Filing 61 REPLY filed by Plaintiff Alfred E. Mann Foundation For Scientific Research to EX PARTE APPLICATION to Strike DECLARATIONS OF JAMES PATRICK AND DR. BRUCE WOOLEY AND PORTIONS OF COCHLEAR'S BRIEF RELYING THEREON AND MEMORANDUM IN SUPPORT #54 (Attachments: #1 Supplement Declaration of Brian G. Bodine in Support of Plaintiff's Ex Parte Application)(Das, Kaustuv) |
| Filing 60 APPENDIX filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Re: Brief (non-motion non-appeal) #59 to Joint Claim Construction Brief (Attachments: #1 Table with Side-by-Side Presentation of Parties' Claim Construction Positions, #2 Declaration of Kaustuv M. Das, Ph.D., #3 Exhibit A to Das Decl., #4 Exhibit B to Das Decl., #5 Exhibit C to Das Decl., #6 Exhibit D to Das Decl., #7 Declaration of James F. Patrick, #8 Declaration of Bruce A. Wooley, #9 Exhibit A to Wooley Decl., #10 Exhibit B to Wooley Decl., #11 Exhibit C to Wooley Decl., #12 Exhibit D to Wooley Decl., #13 Exhibit E to Wooley Decl., #14 Exhibit F to Wooley Decl., #15 Declaration of Manuel Nelson, #16 Exhibit A (part 1 of 2) to Nelson Decl., #17 Exhibit A (part 2 of 2) to Nelson Decl., #18 Exhibit B (part 1 of 2) to Nelson Decl., #19 Exhibit B (part 2 of 2) to Nelson Decl., #20 Exhibit C (part 1 of 3) to Nelson Decl., #21 Exhibit C (part 2 of 3) to Nelson Decl., #22 Exhibit C (part 3 of 3) to Nelson Decl., #23 Exhibit D to Nelson Decl., #24 Exhibit E to Nelson Decl., #25 Exhibit F to Nelson Decl., #26 Exhibit G to Nelson Decl.)(Nelson, Manuel) |
| Filing 59 BRIEF filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Cochlear Corporation, Cochlear Ltd. Re: Claim Construction (Das, Kaustuv) |
| Filing 58 OPPOSITION re: EX PARTE APPLICATION to Strike DECLARATIONS OF JAMES PATRICK AND DR. BRUCE WOOLEY AND PORTIONS OF COCHLEAR'S BRIEF RELYING THEREON AND MEMORANDUM IN SUPPORT #54 filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Declaration of Manuel Nelson in Opposition to Plaintiff's Ex Parte Application to Strike, #2 Exhibit 1 to Nelson Decl., #3 Exhibit 2 to Nelson Decl., #4 Exhibit 3 to Nelson Decl., #5 Exhibit 4 to Nelson Decl, #6 Exhibit 5 to Nelson Decl., #7 Exhibit 6 to Nelson Decl.)(Chapman, Bruce) |
| Filing 57 PROOF OF SERVICE filed by plaintiff Alfred E. Mann Foundation For Scientific Research, re EX PARTE APPLICATION to Strike DECLARATIONS OF JAMES PATRICK AND DR. BRUCE WOOLEY AND PORTIONS OF COCHLEAR'S BRIEF RELYING THEREON AND MEMORANDUM IN SUPPORT #54 ; DECLARATION OF BRIAN BODINE IN SUPPORT; [PROPOSED] ORDER served on October 30, 2008. (Barquist, Charles) |
| Filing 56 [PROPOSED] ORDER re EX PARTE APPLICATION to Strike DECLARATIONS OF JAMES PATRICK AND DR. BRUCE WOOLEY AND PORTIONS OF COCHLEAR'S BRIEF RELYING THEREON AND MEMORANDUM IN SUPPORT #54 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Barquist, Charles) |
| Filing 55 DECLARATION of Brian Bodine in support of EX PARTE APPLICATION to Strike DECLARATIONS OF JAMES PATRICK AND DR. BRUCE WOOLEY AND PORTIONS OF COCHLEAR'S BRIEF RELYING THEREON AND MEMORANDUM IN SUPPORT #54 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-1, #4 Exhibit 3-2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Barquist, Charles) |
| Filing 54 EX PARTE APPLICATION to Strike DECLARATIONS OF JAMES PATRICK AND DR. BRUCE WOOLEY AND PORTIONS OF COCHLEAR'S BRIEF RELYING THEREON AND MEMORANDUM IN SUPPORT filed by plaintiff Alfred E. Mann Foundation For Scientific Research.(Barquist, Charles) |
| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Stipulation to Clarify #52 does not have proposed order submitted as a separate attachment to the Stipulation. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 52 STIPULATION to Clarify Certain Claim Construction filed by Defendants and Counterclaimants Cochlear Corporation, Cochlear Ltd.(Chapman, Bruce) |
| Filing 51 STATUS REPORT JOINT RE: MEDIATION filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 50 ANSWER TO COUNTERCLAIMS-IN-REPLY; DEMAND FOR JURY TRIAL filed by Defendants/Counterclaimants/Counterdefendants-in-Reply Cochlear Corporation, Cochlear Ltd.(Chapman, Bruce) |
| Filing 49 REPLY filed by Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research to Amended Answer to Complaint, #48 Reply and Counterclaims-in-Reply to Second Amended Counterclaims (Das, Kaustuv) |
| Filing 48 SECOND AMENDED ANSWER to Complaint - (Discovery) #1 and Counterclaims with Jury Demand filed by Defendants Cochlear Corporation, Cochlear Ltd. (ir) (Additional attachment(s) added on 8/11/2008: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (ir). |
| Filing 47 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of Second Amended Answer to Complaint and Counterclaims; Demand for Jury Trial. (Chapman, Bruce) |
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Filing 46
ORDER AMENDING DEADLINE TO FILE MOTIONS OR STIPULATIONS TO AMEND THE PLEADINGS by Judge George H. King, re Stipulation to Amend/Correct #43 : DENIED. CHANGES MADE BY THE COURT. The Court having considered the parties' Second Stipulation to Amend Deadline to File Motions or Stipulations to Amend the Pleadings, PURSUANT TO STIPULATION, IT IS ORDERED that the time within which the parties may file motions or stipulations to amend the pleadings is stands at July 30, 2008. No good cause shown to delay proceedings that would cause wholesale extensions of other scheduling dates. This action is limited to the claims currently at issue. Plaintiff may file separate actions if and which it believes it has basis for such. (bm)
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Filing 45
ORDER GRANTING STIPULATION FOR LEAVE TO FILE SECOND AMENDED ANSWER AND COUNTERCLAIM by Judge George H. King, re Stipulation to Amend/Correct #44 : Pursuant to the Stipulation of the parties and for good cause shown: 1. Defendants are granted leave to file their Second Amended Answer and Counterclaims; and 2. Pursuant to L.R. 15-3, the Second Amended Answer and Counterclaims shall be deemed served as of the date this Stipulation is approved. (bm)
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| Filing 44 Joint STIPULATION to AMEND filed by Defendants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Exhibit Attachment -- Proposed Second Amended Answer to Complaint and Counterclaims, #2 Proposed Order Granting Stipulation for Leave to File Second Amended Answer and Counterclaim)(Chapman, Bruce) |
| Filing 43 Second STIPULATION to Amend Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,, Terminate Hearings,,,,,,,,,, #34 , Order, #38 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order Amending Deadline to File Motions or Stipulations to Amend the Pleadings)(Das, Kaustuv) |
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Filing 42
STIPULATED PROTECTIVE ORDER FOR DISCOVERY by Magistrate Judge Carolyn Turchin, re #41 . See document for further information. (ca)
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| Filing 41 STIPULATION for Protective Order filed by Defendant Cochlear Ltd. (Attachments: #1 Proposed Order Proposed Stipulated Protective Order)(Nelson, Manuel) |
| Filing 40 MINUTES OF IN CHAMBERS ORDER DENYING PARTIES' REQUEST TO SIGN STIPULATED PROTECTIVE ORDER WITHOUT PREJUDICE held before Magistrate Judge Carolyn Turchin: re: Stipulation for Protective Order #39 . (dam) |
| Filing 39 Joint STIPULATION for Protective Order filed by Defendant Cochlear Corporation. (Attachments: #1 Proposed Order Proposed Stipulated Protective Order)(Nelson, Manuel) |
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Filing 38
ORDER AMENDING DEADLINE TO FILE MOTIONS OR STIPULATIONS TO AMEND THE PLEADINGS by Judge George H. King, re Stipulation to Amend/Correct #37 : NOTE CHANGES MADE BY COURT: PURSUANT TO STIPULATION, IT IS ORDERED that the time within which the parties may file motions or stipulations to amend the pleadings is extended from June 30, 2008 to and including July 30, 2008. ALL OTHER DATES SHALL REMAIN AS SET. (ps)
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| Filing 37 STIPULATION to AMEND Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,, Terminate Hearings,,,,,,,,,, #34 filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Das, Kaustuv) |
| Filing 36 JOINT STATUS REPORT of DESIGNATION OF MEDIATOR AND MEDIATION DATE filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
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Filing 35
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge George H. King: A deadline for dispositive motions has been set in the above-captioned case. Any Motion(s) for summary judgment SHALL comply with all Federal and Local Rules, as well as this Order. Please be advised that this Order contains requirements more specific than the Local Federal Rules. (See document for text.) (ps)
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| Filing 34 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King re: Order Setting Scheduling Conference #22 : This matter is before us for scheduling conference on April 28, 2008 at 1:30 p.m. We have considered the Report of Parties Planning Meeting, and determine that an in-person scheduling conference is unnecessary. Accordingly, the scheduling conference is hereby vacated and taken off calendar. We enter the following scheduling order: 1. Any stipulation/motion for leave to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than June 30, 2008, failing which it shall be deemed that partys waiver of any such amendments in this case. 2. All fact discovery shall be COMPLETED by no later than December 31, 2008. In other words, any discovery must be in hand by the completion date. 3. The parties shall meet and confer to determine what claim terms will require construction by the court by no later than August 29, 2008. 4. By no later than October 31, 2008, the parties shall submit a fully integrated joint brief on claim construction (see document for further details). 5. The parties shall designate their expert witnesses, and make the required disclosures, by no later than January 19, 2009, and do likewise for any rebuttal expert witnesses by no later than February 27, 2009. All expert discovery shall be COMPLETED by no later than March 31, 2009. 6. The parties shall comply with Local Rule 16-15 by no later than April 10, 2009, although the court encourages the parties to consider mediation at the earliest practical time (see document for further details). 7. Any dispositive motion shall be filed in compliance with the Local Rules as well as the courts ORDER RE: SUMMARY JUDGMENT MOTIONS issued concurrently herewith. Such motion shall be filed no later than May 11, 2009, or be deemed waived. Such motion shall be noticed for hearing under the Local Rules. 8. The court will set pre-trial conference and trial dates, if necessary, after resolution of the dispositive motion(s). Counsel should note that the 16-day trial estimate is excessive, and that given the nature of this case, we do not expect the trial of this matter to be allotted more than 6 trial days. 9. These scheduling dates afford more than reasonable opportunity for the parties to diligently prepare this case. Counsel shall not delay in ensuring that a PROPER proposed protective order is presented to the Magistrate Judge for approval. These scheduling dates will not be extended except upon a specific showing of due diligence and good cause. (bm) |
| Filing 33 NOTICE of Change of Attorney Information for attorney John L Paik counsel for Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Adding John L. Paik as attorney as counsel of record for Cochlear Corporation (n/k/a Cochlear Americas) and Cochlear Ltd. for the reason indicated in the G-06 Notice. Filed by Defendants and Counterclaimants Cochlear Corporation (n/k/a Cochlear Americas) and Cochlear Ltd. (Paik, John) |
| Filing 32 REPORT of OF PARTIES' PLANNING MEETING filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Barquist, Charles) |
| Filing 31 REPLY filed by Plaintiff Alfred E. Mann Foundation For Scientific Research to Amended Answer to Complaint #30 to Amended Counterclaims (Gergely, Peter) |
| Filing 30 AMENDED ANSWER AND AMENDED COUNTERCLAIM to Answer to Complaint (Discovery), #24 filed by defendants Cochlear Corporation, Cochlear Ltd. (Attachments: # 1 Exhibits A-E#2 Exhibit F)(es) Additional attachment(s) added on 3/21/2008 (es, ). |
| Filing 29 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd of Amended Answer to Complaint and Counterclaims; Demand for Jury Trial. (Chapman, Bruce) |
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Filing 28
ORDER EXTENDING THE TImE FOR PLAINTIFF AND COUNTER DEFENDANT TO FILE ITS REPLY TO DEFENDANTS AND COUNTER CLAIMANTS COUNTERCLAIMS by Judge George H. King re Joint Stipulation for Extension of Time to File Reply #27 , that Counter Defendant Alfred E. Mann Foundation For Scientific Research shall file its reply to the Counterclaims #24 by 3/31/2008. (jp)
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| Filing 27 Joint STIPULATION for Extension of Time to File Reply filed by plaintiff and counterclaimdefendant Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order)(Barquist, Charles) |
| Filing 26 NOTICE of Change of Attorney Information for attorney Keith Douglas Fraser counsel for Plaintiff Alfred E. Mann Foundation For Scientific Research, Counter Defendant Alfred E. Mann Foundation For Scientific Research. Adding KEITH D. FRASER as attorney as counsel of record for Cochlear Corporation (n/k/a Cochlear Americas) and Cochlear Ltd. for the reason indicated in the G-06 Notice. Filed by Defendants and Counterclaimants Cochlear Corporation (n/k/a Cochlear Americas) and Cochlear Ltd. (Fraser, Keith) |
| Filing 25 NOTICE of Change of Attorney Information for attorney Manuel C Nelson counsel for Defendants Cochlear Corporation, Cochlear Ltd, Counter Claimants Cochlear Corporation, Cochlear Ltd. Adding Manuel C. Nelson as attorney as counsel of record for Cochlear Corporation (n/k/a Cochlear Americas) and Cochlear Ltd. for the reason indicated in the G-06 Notice. Filed by Defendants/Counterclaimants Cochlear Corporation (n/k/a Cochlear Americas) and Cochlear Ltd. (Nelson, Manuel) |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge George H. King: Counsel shall read this order carefully and shall have available the Federal Rules of Civil Procedures 26 in complying with this Order. This matter is set for a Scheduling Conference on Monday, April 28, 2008 01:30 PM at the Roybal Federal Building and Courthouse 255 East Temple Street, Suite 650 Los Angeles, California.By no later than MARCH 28, 2008, counsel for all appearing parties and all unrepresented appearing parties, if any, shall meet, in person, and discuss the matters set forth in Federal Rule of Civil Procedure 26(f) as well as those items identified in Part III. By no later than APRIL 14, 2008, counsel for all appearing parties and all unrepresented appearing parties, if any, shall file a joint REPORT OF PARTIES PLANNING MEETING (See document for further details) by Judge George H. King. (ir)
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| Filing 24 ANSWER to Complaint - (Discovery) #1 with JURY DEMAND, COUNTERCLAIM against Alfred E. Mann Foundation For Scientific Research filed by defendants Cochlear Corporation, Cochlear Ltd. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(es) |
| Filing 23 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Alfred E. Mann Foundation For Scientific Research. (ir) |
| Filing 21 NOTICE of Manual Filing filed by Defendants Cochlear Corporation, Cochlear Ltd of Answer to Complaint; Counterclaims; and Demand for Jury Trial. (Chapman, Bruce) |
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Filing 19
ORDER by Judge George H. King, On APPLICATION OF NON-RESIDENT ATTORNEY Brett A. Hertzberg for Leave to Appear Pro Hac Vice. FEE NOT PAID. #10 (es)
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Filing 18
ORDER by Judge George H. King, On APPLICATION OF NON-RESIDENT ATTORNEY Peter A. Gergely for Leave to Appear In A Specific Case. FEE NOT PAID. #11 (es)
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Filing 17
ORDER by Judge George H. King Granting APPLICATION OF NON-RESIDENT ATTORNEY Brett A. Hertzberg for Leave to Appear Pro Hac Vice. FEE NOT PAID. #10 by Kaustuv M. Das to appear on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research.Charles S. Barquist is designated as local counsel. (ab)
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Filing 16
ORDER by Judge George H. King, On APPLICATION OF NON-RESIDENT ATTORNEY Brian George Bodine for Leave to Appear Pro Hac Vice. FEE NOT PAID. #8 (es)
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| Filing 14 PROOF OF SERVICE Executed by Plaintiff Alfred E. Mann Foundation For Scientific Research, upon Cochlear Corporation served on 1/15/2008, answer due 2/16/2008; Cochlear Ltd served on 1/15/2008, answer due 2/16/2008. The Summons and Complaint were served by U.S. Mail service, by Statute not indicated, upon Bruce G. Chapman, Attorneys for Chochlear Corporation and Chochlear Ltd.. Due Diligence declaration not attached. Original Summons not returned with the proof of service. (Barquist, Charles) Modified on 1/24/2008 (ir, ). |
| Filing 13 Certification and Notice of Interested Parties filed by Defendants Cochlear Corporation, Cochlear Ltd. (Chapman, Bruce) |
| Filing 12 FIRST STIPULATION Extending Time to Answer the complaint as to Cochlear Corporation answer now due 2/16/2008; Cochlear Ltd answer now due 2/16/2008, filed by Defendants Cochlear Corporation; Cochlear Ltd.(Chapman, Bruce) |
| Filing 20 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Peter A Gergely for Plaintiff Alfred E. Mann Foundation For Scientific Research RE: #11 , #17 . (vh) |
| Filing 11 APPLICATION OF NON-RESIDENT ATTORNEY Peter A. Gergely for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Attorney for Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Barquist, Charles) |
| Filing 10 APPLICATION OF NON-RESIDENT ATTORNEY Brett A. Hertzberg for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order on Non-Resident Attorney to Appear in a Specific Case)(Barquist, Charles) |
| Filing 9 APPLICATION OF NON-RESIDENT ATTORNEY Kaustuv M. Das for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Barquist, Charles) |
| Filing 15 RESPONSE filed by Pro Hac Vice attorney Brian G Bodine on behalf of Plaintiff Alfred E. Mann Foundation For Scientific Research.RE: Notice of Filing Fee Due. PHV fee Paid. (ir) |
| Filing 8 APPLICATION OF NON-RESIDENT ATTORNEY Brian George Bodine for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney Brian George Bodine to Appear in a Specific Case)(Barquist, Charles) |
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Filing 7
ORDER REGARDING CASE MANAGEMENT (See document for further details) by Judge George H. King (ir)
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| Filing 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Peter A Gergely for Plaintiff Alfred E. Mann Foundation For Scientific Research. (et) |
| Filing 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Brian G Bodine for Plaintiff Alfred E. Mann Foundation For Scientific Research. (et) |
| Filing 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Brett A Hertzberg for Plaintiff Alfred E. Mann Foundation For Scientific Research. (et) |
| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Alfred E. Mann Foundation For Scientific Research. (et) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (et) Additional attachment(s) added on 12/26/2007 (lra, ). |
| Filing 1 COMPLAINT against Defendants Cochlear Corporation, Cochlear Ltd. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Alfred E. Mann Foundation For Scientific Research. (et) Additional attachment(s) added on 12/26/2007 (lra, ). |
| 20 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Cochlear Corporation, Cochlear Ltd. (et) |
| FAX number for Attorney Charles S Barquist is 213-892-5454. (et) |
| FAX number for Attorney Peter A Gergely is 303-357-1671. (et) |
| FAX number for Attorney Brian G Bodine, Brett A Hertzberg is 206-342-6201. (et) |
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