Biomedical Device Consultants & Laboratories of Colorado, LLC v. Vivitro Labs, Inc.
| Biomedical Device Consultants & Laboratories of Colorado, LLC |
| Vivitro Labs, Inc. |
| 2:2023cv04291 |
| June 1, 2023 |
| US District Court for the Central District of California |
| Charles F Eick |
| R Gary Klausner |
| Hernan D Vera |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 88 SEALED OPPOSITION RE Corrected NOTICE OF MOTION AND MOTION for Preliminary Injunction re Infringement of U.S. Patent No. 9,237,935 #63 , Order on Motion for Leave to File Document Under Seal, #86 filed by Defendant Vivitro Labs, Inc.. (Attachments: #1 Unredacted Document Ex. 1 (SEALED), #2 Unredacted Document Ex. 8 (SEALED), #3 Unredacted Document Ex. 9 (SEALED))(Thomas, Warren) |
Filing 87
CIVIL STANDING ORDER by Judge Hernan D. Vera. (cbr)
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Filing 86
ORDER GRANTING DEFENDANT'S APPLICATION FOR LEAVE TO FILE UNDER SEAL DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND EXHIBITS 1, 8, AND 9 #81 by Judge Hernan D. Vera. Compelling reason and good cause appearing, the following documents shall be filed under seal. See order for further details. (lom)
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| Filing 85 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Errata #84 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Other error(s) with document(s): Any request should be in pleading format with [prop] Order attached and/or a separate filing of Notice of Lodging document and attached the [Prop] Order as a second attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) |
| Filing 84 NOTICE OF ERRATA filed by Defendant Vivitro Labs, Inc.. correcting Sealed Declaration in SupportDeclaration, #82 (Thomas, Warren) |
| Filing 83 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Defendant's Opposition and Exhibits 1, 8, and 9 in support of the same) under seal #81 filed by Defendant Vivitro Labs, Inc.. (Attachments: #1 Unredacted Document ViVitro's Opposition, #2 Unredacted Document Exhibit 1, #3 Unredacted Document Exhibit 8, #4 Unredacted Document Exhibit 9)(Thomas, Warren) |
| Filing 82 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Defendant's Opposition and Exhibits 1, 8, and 9 in support of the same) under seal #81 filed by Defendant Vivitro Labs, Inc.. (Attachments: #1 Unredacted Document Declaration of Warren Thomas)(Thomas, Warren) |
| Filing 81 APPLICATION to file document (Defendant's Opposition and Exhibits 1, 8, and 9 in support of the same) under seal filed by Defendant Vivitro Labs, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document ViVitro's Opposition to Plaintiff's Motion for Preliminary Injunction, #3 Redacted Document Exhibit 1 - Karim Declaration, #4 Redacted Document Exhibit 8 - ViVitro 01-04)(Thomas, Warren) |
| Filing 80 Defendant ViVitro Labs Inc's Redacted Response in Opposition to re: Corrected NOTICE OF MOTION AND MOTION for Preliminary Injunction re Infringement of U.S. Patent No. 9,237,935 #63 filed by Defendant Vivitro Labs, Inc.. (Attachments: #1 Redacted Document Exhibit 1 - Mouneimn Declaration, #2 Exhibit 2 - Dasi Declaration, #3 Exhibit 3 - Xi et al. Patent, #4 Exhibit 4 - Lu et al. 2003, #5 Exhibit 5 - Dynatek M6 Manual, #6 Exhibit 6 - Sponseller et al. Patent, #7 Exhibit 7 - Patent Owner Preliminary Response, #8 Redacted Document Exhibit 8 - VIVITRO_000001 - 04, #9 Exhibit 9 - Settlement Agreement, #10 Exhibit 10 - June 17 2015 Office Action, #11 Exhibit 11 - Rousseau et al. 1984, #12 Exhibit 12 - Dasi CV, #13 Exhibit 13 - BDC Labs Test Equipment)(Thomas, Warren) |
| Filing 79 2nd CORRECTED REPLY/ ANSWER to Counterclaim filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC.(Tamkin, Gregory) |
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Filing 78
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Hernan D. Vera: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Plaintiff's Reply to Counter-Claims #71 , Plaintiff's Corrected Reply to Counter-Claims #74 , for the following reasons: Local Rule 11-3.8 title page incorrect. See FRCP 10 as well. Counterclaim parties must be listed on the caption page. (lom) Modified on 7/14/2023 (lom).
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| Filing 77 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Counterclaim #74 . The following error(s) was/were found: Counterclaim parties should be separate caption from plaintiff and defendants caption on the title page. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) Modified on 7/14/2023 (lom). |
| Filing 76 STATEMENT Joint - re Case Management filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC, Counter Defendant Biomedical Device Consultants & Laboratories of Colorado, LLC -In accordance with/ re: Order #65 . (Tamkin, Gregory) |
| Filing 75 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC, Counter Defendant Biomedical Device Consultants & Laboratories of Colorado, LLC.. (Tamkin, Gregory) |
| Filing 74 STRICKEN, see docket entry no. 78 - Plaintiff/Counterclaim Defendant's Corrected Reply/ ANSWER to Counterclaim filed by Plaintiff and Counterclaim Defendant Biomedical Device Consultants & Laboratories of Colorado, LLC.(Tamkin, Gregory) Modified on 7/14/2023 (lom). |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Counterclaim #71 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): The counterclaim parties are missing from the caption on the title page. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) |
| Filing 72 MINUTES (IN CHAMBERS) PLAINTIFF'S EX PARTE APPLICATION #70 by Judge Hernan D. Vera. For good cause shown, the Court hereby GRANTS Plaintiff's Ex Parte Application for Expedited Hearing Date for Pending Motion for Preliminary Injunction. The following modified briefing and hearing schedule will apply: Plaintiff's moving papers and supporting materials (Dkt. 59-63) will be considered as filed on June 26, 2023; Defendant's opposition and supporting evidentiary materials shall be filed no later than July 20, 2023; Plaintiff's reply shall be filed no later than August 3, 2023; The Court will hear oral argument (but will not conduct an in-person evidentiary hearing) on August 17, at 1:30 p.m., in Courtroom 5B of the United States Courthouse, 350 W. 1st Street, Los Angeles, California 90012. (lom) |
| Filing 71 STRICKEN, see docket entry no. 78 - PLAINTIFF'S REPLY/ ANSWER to Counterclaim filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC.(Tamkin, Gregory) Modified on 7/14/2023 (lom). |
| Filing 70 EX PARTE APPLICATION to Expedite Hearing Date , EX PARTE APPLICATION for Hearing for Pending Motion for Preliminary Injunction, re Declaration (Motion related), #62 , Memorandum in Support of Motion, #60 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringement of U.S. Patent No. 9,237,935 #59 , Corrected NOTICE OF MOTION AND MOTION for Preliminary Injunction re Infringement of U.S. Patent No. 9,237,935 #63 , Order on Motion for Leave to File Document Under Seal, #66 , Declaration (Motion related), #61 , filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 DECLARATION OF GREGORY S. TAMKIN, #2 EXHIBIT A to DECLARATION OF GREGORY S. TAMKIN, #3 [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR EXPEDITED HEARING DATE FOR PENDING MOTION FOR PRELIMINARY INJUNCTION) (Tamkin, Gregory) |
| Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Sealed Document #68 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): Missing filer's information, caption, etc. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) |
| Filing 68 SEALED DOCUMENT SEALED EXHIBIT F re Declaration (Motion related), #62 , Order on Motion for Leave to File Document Under Seal, #66 filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC, Counter Defendant Biomedical Device Consultants & Laboratories of Colorado, LLC.(Tamkin, Gregory) |
| Filing 67 SEALED DOCUMENT SEALED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION pursuant to re Order on Motion for Leave to File Document Under Seal, #66 filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC, Counter Defendant Biomedical Device Consultants & Laboratories of Colorado, LLC.(Tamkin, Gregory) |
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Filing 66
ORDER GRANTING APPLICATION FOR LEAVE TO FILE UNDER SEAL RELATING TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION #57 by Judge Hernan D. Vera. Plaintiff's Application for Leave to File Under Seal Relating to Plaintiff's Motion for Primary Injunction is GRANTED as follows. The following information is properly submitted under seal: Exhibit F-1, Exhibit I-1. See order for details. (lom)
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Filing 65
REASSIGNMENT ORDER by Judge Hernan D. Vera. (lom)
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Filing 64
ORDER OF THE CHIEF JUDGE (#23-090 Amending Order 23-074) approved by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED that 2:23-cv-04291-RGK-Ex, Biomedical Device Consultants & Laboratories of Colorado, LLC v. Vivitro Labs, Inc. be transferred from the calendar of Judge R. Gary Klausner to the calendar of Judge Hernan D. Vera for all further proceedings. On all documents subsequently filed in the case, please substitute the Judge initials HDV after the case number in place of the initials of the prior Judge. (aco)
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| Filing 63 Corrected NOTICE OF MOTION AND MOTION for Preliminary Injunction re Infringement of U.S. Patent No. 9,237,935 filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. Motion set for hearing on 7/24/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order) (Tamkin, Gregory) |
| Filing 62 DECLARATION of Michael Girard in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringement of U.S. Patent No. 9,237,935 #59 filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - REDACTED, #7 Exhibit G, #8 Exhibit H)(Tamkin, Gregory) |
| Filing 61 DECLARATION of Craig Weinberg, Ph.D. in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringement of U.S. Patent No. 9,237,935 #59 filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Tamkin, Gregory) |
| Filing 60 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringement of U.S. Patent No. 9,237,935 #59 REDACTED filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Tamkin, Gregory) |
| Filing 59 NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringement of U.S. Patent No. 9,237,935 filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. Motion set for hearing on 7/24/2023 at 09:00 AM before Judge R. Gary Klausner. (Tamkin, Gregory) |
| Filing 58 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit to Declaration and Memorandum in Support of Motion for Preliminary Injunction under seal #57 filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 Unredacted Document Exhibit F-2, #2 Unredacted Document Exhibit I-2)(Tamkin, Gregory) |
| Filing 57 APPLICATION to file document Exhibit to Declaration and Memorandum in Support of Motion for Preliminary Injunction under seal filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document Exhibit F-1, #3 Redacted Document Exhibit I-1)(Tamkin, Gregory) |
| Filing 56 RESPONSE filed by Pro Hac Vice attorney Maral J. Shoaei on behalf of Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC, RE: Notice of Filing Fee Due. PHV fee n/a. Attorney is a licensed California attorney, CSB 345117, admitted to this Court on 6/16/23, is active and in good standing. (lt) |
| Filing 55 RESPONSE filed by Pro Hac Vice attorney Carolyn J. Fairless on behalf of Counter Claimant Vivitro Labs, Inc., Defendant Vivitro Labs, Inc.. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 54 RESPONSE filed by Pro Hac Vice attorney Jacob A. Rey on behalf of Counter Claimant Vivitro Labs, Inc., Defendant Vivitro Labs, Inc.. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
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Filing 53
ORDER DENYING JOINT MOTION TO EXCEED PAGE LIMITATIONS REGARDING THE PARTIES' BRIEFING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND MODIFY FORMATTING REQUIREMENTS TO ALLOW SUBMISSION OF PRIOR BRIEFING #52 by Judge R. Gary Klausner. (lom)
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| Filing 52 Joint NOTICE OF MOTION AND MOTION to Exceed Page Limitation THE PARTIES BRIEFING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND MODIFY FORMATTING REQUIREMENTS TO ALLOW SUBMISSION OF PRIOR BRIEFING filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 Proposed Order) (Shoaei, Maral) |
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Filing 51
ORDER by Judge R. Gary Klausner GRANTING #45 Non-Resident Attorney Warren J Thomas APPLICATION to Appear Pro Hac Vice on behalf of Defendant Vivitro Labs, Inc., designating Jeff Grant as local counsel. (jp)
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Filing 50
ORDER by Judge R. Gary Klausner GRANTING #44 Non-Resident Attorney John W Harbin APPLICATION to Appear Pro Hac Vice on behalf of Defendant Vivitro Labs, Inc., designating Jeff Grant as local counsel. (jp)
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Filing 49
ORDER by Judge R. Gary Klausner GRANTING #43 Non-Resident Attorney Shannon L Bjorklund APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Biomedical Device Consultants and Laboratories of Colorado, LLC, designating Kent J Schmidt as local counsel. (jp)
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| [DUPLICATIVELY ANSWER to Complaint #46 ] and COUNTERCLAIM against Biomedical Device Consultants and Laboratories of Colorado, LLC., filed by Counter Claimant Vivitro Labs, Inc. (jp) |
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Filing 48
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Order to Show Cause #42 issued on 6/13/2023 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 47 NOTICE of Interested Parties filed by Defendant Vivitro Labs, Inc., identifying Starfish Holdings Inc., of Canada. (Grant, Jeffrey) |
| Filing 46 ANSWER to COMPLAINT - event converted from ICMS,, #1 JURY DEMAND. [and Counterclaims] filed by Defendant Vivitro Labs, Inc..(Grant, Jeffrey) |
| Filing 45 APPLICATION of Non-Resident Attorney Warren J. Thomas to Appear Pro Hac Vice on behalf of Defendant Vivitro Labs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35494934) filed by Defendant Vivitro Labs, Inc.. (Attachments: #1 Proposed Order) (Grant, Jeffrey) |
| Filing 44 APPLICATION of Non-Resident Attorney John W. Harbin to Appear Pro Hac Vice on behalf of Defendant Vivitro Labs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35494731) filed by Defendant Vivitro Labs, Inc.. (Attachments: #1 Proposed Order) (Attorney Jeffrey H. Grant added to party Vivitro Labs, Inc.(pty:dft)) (Grant, Jeffrey) |
| Filing 43 APPLICATION of Non-Resident Attorney Shannon L. Bjorklund to Appear Pro Hac Vice on behalf of Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35494254) filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Attorney Kent J. Schmidt added to party Biomedical Device Consultants & Laboratories of Colorado, LLC(pty:pla)) (Schmidt, Kent) |
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Filing 42
MINUTE (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner: The court, on its own motion, orders plaintiff(s) to show cause in writing by 6/20/2023, why this action should not be dismissed for lack of prosecution as to Defendant Vivitro Labs, Inc. See document for further information. (jp)
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Filing 41
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 7/10/2023. Scheduling Conference set for 7/17/2023 at 09:00 AM before Judge R. Gary Klausner. (jre)
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Filing 40
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
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| Filing 39 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Warren J. Thomas. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 38 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John W. Harbin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 37 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jacob A. Rey. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Carolyn J. Fairless. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Maral J. Shoaei. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Shannon L. Bjorklund. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 33 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 32 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 31 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Charles F. Eick. (jtil) |
| Filing 30 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:23-cv-00867, from U.S. District Court - District of Colorado District of Colorado, Denver. The above-referenced case has been transferred to this district and assigned the above civil case number 2:23-cv-04291 RGK (Ex). (jtil) |
| Filing 29 ORIGINAL file, certified copy of transfer order and docket sheet received from Colorado |
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Filing 28
ORDER granting in part #20 ViVitro's Motion to Dismiss for Lack of Personal Jurisdiction. I find that this Court lacks personal jurisdiction over ViVitro. Considering the interests of justice and my determination that ViVitro would have been subject to personal jurisdiction in California when this case was filed, transfer of this case to the United States District Court for the Central District of California is warranted. The Clerk of the Court is DIRECTED to transfer this case to that court. The June 6 and June 7, 2023, hearing dates in this matter are VACATED. Ordered by Judge John L. Kane on 5/29/2023. Text Only Entry(jlksec) [Transferred from Colorado on 6/7/2023.]
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| Filing 27 REPLY to Response to #20 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Vivitro Labs, Inc.. (Thomas, Warren) [Transferred from Colorado on 6/7/2023.] |
| Filing 26 RESTRICTED DOCUMENT - Level 1 - Reply in Support of Motion for Preliminary Injunction : by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC.. (Attachments: #1 Supp Declaration of Michael Girard in Support of Motion for Preliminary Injunction)(Tamkin, Gregory) Modified on 5/24/2023 to add title (angar, ). [Transferred from Colorado on 6/7/2023.] |
| Filing 25 RESPONSE to #20 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Tamkin, Gregory) [Transferred from Colorado on 6/7/2023.] |
| Filing 24 RESTRICTED DOCUMENT - Level 1 - Defendant Vivitro's Opposition To BDC's Motion For Preliminary Injunction [ECF NO. #8 ] : by Defendant Vivitro Labs, Inc.(Attachments: #1 Exhibit 1 - Mouneimne Declaration, #2 Exhibit 2 - Dasi Declaration, #3 Exhibit 3 - Xi et al. Patent, #4 Exhibit 4 - Lu et al. 2003, #5 Exhibit 5 - Dynatek M6 Manual, #6 Exhibit 6 - Sponseller et al. Patent, #7 Exhibit 7 - Patent Owner Preliminary Response, #8 Exhibit 8 - VIVITRO_000001 - 04, #9 Exhibit 9 - Settlement Agreement, #10 Exhibit 10 - June 17 2015 Office Action, #11 Exhibit 11 - Rousseau et al. 1984, #12 Exhibit 12 - Dasi CV, #13 Exhibit 13 - BDC Labs Test Equipment)(Thomas, Warren) Modified on 5/17/2023 to add title (angar, ). [Transferred from Colorado on 6/7/2023.] |
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Filing 23
ORDER GRANTING DEFENDANT'S MOTION FOR LIMITED EXPEDITED DISCOVERY (ECF NO. #16 ). BDC is DIRECTED to produce the settlement agreement in question on or before Friday, May 12, 2023. The agreement may be produced with the designation "outside attorney' eyes only" and shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever. Any pleadings or briefs quoting or discussing the specific terms of the agreement may be maintained as restricted filings in this action upon motion seeking to restrict the documents in accordance with the requirements of D.C.COLO.LCivR 7.2. ORDERED by Judge John L. Kane on 5/9/2023.(angar, ) [Transferred from Colorado on 6/7/2023.]
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| Filing 22 REPLY to Response to #16 MOTION for Discovery Limited and Expedited filed by Defendant Vivitro Labs, Inc.. (Thomas, Warren) [Transferred from Colorado on 6/7/2023.] |
| Filing 21 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Starfish Holdings Inc., of Canada. for Vivitro Labs, Inc.. (Thomas, Warren) [Transferred from Colorado on 6/7/2023.] |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by Defendant Vivitro Labs, Inc.. (Attachments: #1 Exhibit 1 - Mouneimne Declaration, #2 Proposed Order (PDF Only))(Thomas, Warren) [Transferred from Colorado on 6/7/2023.] |
| Filing 19 NOTICE of Entry of Appearance for Defendant by John W. Harbin on behalf of Vivitro Labs, Inc.Attorney John W. Harbin added to party Vivitro Labs, Inc.(pty:dft) (Harbin, John) [Transferred from Colorado on 6/7/2023.] |
| Filing 18 RESPONSE to #16 MOTION for Discovery Limited and Expedited filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Tamkin, Gregory) [Transferred from Colorado on 6/7/2023.] |
| Filing 17 Exhibits in Support of #16 MOTION for Discovery Limited and Expedited Exhibits 1-4 by Defendant Vivitro Labs, Inc.. (Attachments: #1 Exhibit Exhibit 2, #2 Exhibit Exhibit 3, #3 Exhibit Exhibit 4)(Thomas, Warren) [Transferred from Colorado on 6/7/2023.] |
| Filing 16 MOTION for Discovery Limited and Expedited by Defendant Vivitro Labs, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Thomas, Warren) [Transferred from Colorado on 6/7/2023.] |
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Filing 15
MINUTE ORDER. Defendant ViVitro Labs, Inc. has notified the Court that it requires expedited resolution of a discovery dispute pertinent to the Motion for Preliminary Injunction filed by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. Accordingly, Defendant is DIRECTED to file its related motion on or before Monday, May 1, 2023. Plaintiff is DIRECTED to file its Response to any motion filed by Defendant on or before Thursday, May 4, 2023. And any Reply is due Friday, May 5, 2023. Ordered by Judge John L. Kane on 4/28/2023. Text Only Entry (jlksec) [Transferred from Colorado on 6/7/2023.]
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| Filing 14 NOTICE of Entry of Appearance by Jacob A. Rey on behalf of Vivitro Labs, Inc.Attorney Jacob A. Rey added to party Vivitro Labs, Inc.(pty:dft) (Rey, Jacob) [Transferred from Colorado on 6/7/2023.] |
| Filing 13 NOTICE of Entry of Appearance by Carolyn J. Fairless on behalf of Vivitro Labs, Inc.Attorney Carolyn J. Fairless added to party Vivitro Labs, Inc.(pty:dft) (Fairless, Carolyn) [Transferred from Colorado on 6/7/2023.] |
| Filing 12 NOTICE of Entry of Appearance for Defendant by Warren J. Thomas on behalf of Vivitro Labs, Inc.Attorney Warren J. Thomas added to party Vivitro Labs, Inc.(pty:dft) (Thomas, Warren) [Transferred from Colorado on 6/7/2023.] |
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Filing 11
ORDER Setting Preliminary Injunction Hearing and Briefing Schedule. A hearing on Plaintiff's Motion for Preliminary Injunction is set for June 6, 2023, and June 7, 2023, beginning at 9:30 a.m. on both days. The parties are DIRECTED to file their Witness and Exhibit Lists for the hearing on or before June 1, 2023. The parties should review my Pretrial and Trial Procedures Memorandum Civil, available on the court's website at http://www.cod.uscourts.gov/JudicialOfficers/SeniorArticleIIIJudges/ HonJohnLKane.aspx. Counsel are expected to attend the hearing in person. The parties should note on their Witness Lists whether it is anticipated any witness will testify via video teleconferencing. Plaintiff's counsel is DIRECTED to provide Defendant with a copy of this Order. ORDERED by Judge John L. Kane on 4/19/2023. (angar, ) [Transferred from Colorado on 6/7/2023.]
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Filing 10
ORDER TRANSFERRING CASE by Chief Judge Philip A. Brimmer on 4/13/2023. ORDERED that, pursuant to D.C.COLO.LCivR 40.1(a), this case is transferred to Senior Judge John L. Kane. All future pleadings should be designated as 23-cv-00867-JLK. (jtorr, ) [Transferred from Colorado on 6/7/2023.]
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| Filing 9 CASE REASSIGNED pursuant to D.C.COLO.LCivR 40.1(c)(2)(a) re #8 MOTION for Preliminary Injunction. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 23-cv-00867-PAB. (Text Only Entry) (csarr, ) [Transferred from Colorado on 6/7/2023.] |
| Filing 8 MOTION for Preliminary Injunction by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC. (Attachments: #1 Decaration of Craig Weinberg in Support of Motion for Preliminary Injunction, #2 Decaration of Michael Girard in Support of Motion for Preliminary Injunction)(Tamkin, Gregory) [Transferred from Colorado on 6/7/2023.] |
| Filing 7 NOTICE of Entry of Appearance by Shannon L. Bjorklund on behalf of Biomedical Device Consultants & Laboratories of Colorado, LLCAttorney Shannon L. Bjorklund added to party Biomedical Device Consultants & Laboratories of Colorado, LLC(pty:pla) (Bjorklund, Shannon) [Transferred from Colorado on 6/7/2023.] |
| Filing 6 NOTICE re 4 Administrative Notice, REPORT ON THE FILING OR DETERMINATION OF AN ACTION EREGARDING A PATENT OT TRADEMARK by Plaintiff Biomedical Device Consultants & Laboratories of Colorado, LLC (Shoaei, Maral) [Transferred from Colorado on 6/7/2023.] |
| Filing 5 NOTICE of Entry of Appearance by Maral Shoaei on behalf of Biomedical Device Consultants & Laboratories of Colorado, LLCAttorney Maral Shoaei added to party Biomedical Device Consultants & Laboratories of Colorado, LLC(pty:pla) (Shoaei, Maral) [Transferred from Colorado on 6/7/2023.] |
| Filing 4 Administrative Notice: Notice to filer of non-compliance with Patent, Trademark, or Copyright Action case opening procedures. It is the responsibility of the attorney or pro se party commencing the action to follow Local Rule D.C.COLO.LCivR 3.1. Please file a properly completed Report form, which can be found on the courts website. (norlin, ) [Transferred from Colorado on 6/7/2023.] |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (norlin, ) [Transferred from Colorado on 6/7/2023.] |
| Filing 2 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, ) [Transferred from Colorado on 6/7/2023.] |
| Filing 1 COMPLAINT and Jury Demand against VIVITRO LABS, INC. (Filing fee $ 402,Receipt Number ACODC-9035685)Attorney Gregory Scot Tamkin added to party BIOMEDICAL DEVICE CONSULTANTS & LABORATORIES OF COLORADO, LLC(pty:pla), filed by BIOMEDICAL DEVICE CONSULTANTS & LABORATORIES OF COLORADO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summons, #7 PLAINTIFFS CORPORATE DISCLOSURE STATEMENT)(Tamkin, Gregory) [Transferred from Colorado on 6/7/2023.] |
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| Search for this case: Biomedical Device Consultants & Laboratories of Colorado, LLC v. Vivitro Labs, Inc. | |
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| Plaintiff: Biomedical Device Consultants & Laboratories of Colorado, LLC | |
| Represented By: | Maral Shoaei |
| Represented By: | Shannon L. Bjorklund |
| Represented By: | Gregory S Tamkin |
| Represented By: | Kent J. Schmidt |
| Represented By: | Maral J. Shoaei |
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| Counter claimant: Vivitro Labs, Inc. | |
| Represented By: | John W. Harbin |
| Represented By: | Warren J. Thomas |
| Represented By: | Jeffrey H. Grant |
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