Allen Medical Systems, Inc. et al v. Mizuho Orthopedic Systems, Inc.
| Allen Medical Systems, Inc. and Hill-Rom Services, Inc. |
| Mizuho Orthopedic Systems, Inc doing business as Mizuho OSI |
| 4:2022cv02462 |
| April 22, 2022 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Yvonne Gonzalez Rogers |
| Patent |
| 35 U.S.C. § 01 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER by Judge Yvonne Gonzalez Rogers Granting #50 Motion for Pro Hac Vice. (amg, COURT STAFF) (Filed on 6/1/2022)
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| Filing 50 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17154889.) Filing fee previously paid on 5/9/22 filed by Allen Medical Systems, Inc., Hill-Rom Services, Inc.. (Cook, John) (Filed on 5/25/2022) |
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Filing 49
ORDER by Judge Yvonne Gonzalez Rogers Granting #46 Motion for Pro Hac Vice. (amg, COURT STAFF) (Filed on 5/12/2022)
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Filing 48
ORDER by Judge Yvonne Gonzalez Rogers Granting #36 Motion for Pro Hac Vice.(amg, COURT STAFF) (Filed on 5/12/2022)
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| Filing 47 Renotice motion hearing re #13 MOTION to Dismiss for Failure to State a Claim filed by Mizuho Orthopedic Systems, Inc. (Related document(s) #13 ) (Herring, Seth) (Filed on 5/10/2022) Modified on 5/11/2022 (kkp, COURT STAFF). |
| Reset Hearing as to #13 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 6/28/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (amg, COURT STAFF) (Filed on 5/10/2022) |
| Filing 46 MOTION for leave to appear in Pro Hac Vice (Douglas J. Nash) ( Filing fee $ 317, receipt number ACANDC-17156077.) filed by Allen Medical Systems, Inc., Hill-Rom Services, Inc.. (Nash, Douglas) (Filed on 5/9/2022) |
| Filing 45 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17154889.) filed by Allen Medical Systems, Inc., Hill-Rom Services, Inc.. (Cook, John) (Filed on 5/9/2022) |
| Filing 44 NOTICE of Appearance by Stephen Maxwell Hankins (Hankins, Stephen) (Filed on 5/2/2022) |
| Filing 43 NOTICE of Appearance by Rachel S Christenson (Christenson, Rachel) (Filed on 5/2/2022) |
| Filing 42 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Counsel is also reminded to re-notice not re-file the #13 MOTION to Dismiss. The briefing schedule remains in effect. Counsel is directed to check the Judge's webpage on the Court's website regarding scheduling before re-noticing the motion for a new hearing date. Joint Case Management Statement due by 7/18/2022. Initial Case Management Conference set for 7/25/2022 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 7/18/2022. Initial Case Management Con ference set for 7/25/2022 02:00 PM in Oakland, - Videoconference Only. (Attachments: #1 Standing Order) (amg, COURT STAFF) (Filed on 5/2/2022) |
| #Electronic filing error. NOTICE TO COUNSEL: Rachel S. Christenson - Counsel must file their own Notice of Appearance using their own ECF Profiles to appear on the docket. Please re-file in its entirety. Re: #40 Notice of Appearance filed by Allen Medical Systems, Inc. (anj, COURT STAFF) (Filed on 5/2/2022) |
| Filing 41 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Allen Medical Systems, Inc., Hill-Rom Services, Inc... (Hankins, Stephen) (Filed on 4/29/2022) |
| Filing 40 NOTICE of Appearance by Stephen Maxwell Hankins (Hankins, Stephen) (Filed on 4/29/2022) |
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Filing 39
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 04/29/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 4/29/2022)
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| Filing 38 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2, COURT STAFF) (Filed on 4/29/2022) |
| Filing 37 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mizuho Orthopedic Systems, Inc.. (Herring, Seth) (Filed on 4/29/2022) |
| Filing 36 MOTION for leave to appear in Pro Hac Vice of Hallie Wimberly ( Filing fee $ 317, receipt number ACANDC-17131462.) filed by Mizuho Orthopedic Systems, Inc. (Attachments: #1 Certificate/Proof of Service of Good Standing)(Wimberly, Hallie) (Filed on 4/29/2022) |
| Filing 35 NOTICE of Appearance by Christine Marie Morgan (Morgan, Christine) (Filed on 4/28/2022) |
| Filing 34 NOTICE of Appearance by John P. Bovich on behalf of Mizuho Orthopedic Systems, Inc (Bovich, John) (Filed on 4/28/2022) |
| Filing 33 NOTICE of Appearance by Seth Benjamin Herring (Herring, Seth) (Filed on 4/28/2022) |
| Filing 32 NOTICE of Appearance by Genevieve M. Halpenny (Halpenny, Genevieve) (Filed on 4/26/2022) |
| Filing 31 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/14/2022. Initial Case Management Conference set for 7/21/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor. (anj, COURT STAFF) (Filed on 4/22/2022) |
| Filing 30 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 4/29/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 4/22/2022) |
| Filing 29 CLERK'S notice- Acknowledgment of receipt of case transfer in from the District of Delaware (Wilmington). (anj, COURT STAFF) (Filed on 4/22/2022) |
| Filing 28 Case transferred in from District of Delaware; Case Number 1:21-cv-01739. Original file certified copy of transfer order and docket sheet received. |
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Filing 27
ORDER granting #15 Defendant Mizuho Orthopedic Systems Inc.'s Motion to Transfer Under 28 U.S.C. 1404(a). Signed by Judge Colm F. Connolly on 4/7/2022. (kmd)
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| Filing 26 MEMORANDUM OPINION. Signed by Judge Colm F. Connolly on 4/7/2022. (kmd) |
| Filing 25 DECLARATION re #24 Reply Brief (Seth B. Herring) by Mizuho Orthopedic Systems, Inc.. (Attachments: #1 Exhibit 6)(Rostocki, Brian) |
| Filing 24 REPLY BRIEF re #15 MOTION to Transfer Case to Northern District of California filed by Mizuho Orthopedic Systems, Inc.. (Attachments: #1 Certificate of Compliance)(Rostocki, Brian) |
| Filing 23 REPLY BRIEF re #13 MOTION to Dismiss for Failure to State a Claim filed by Mizuho Orthopedic Systems, Inc.. (Attachments: #1 Certificate of Compliance)(Rostocki, Brian) |
| Filing 22 DECLARATION re #20 Answering Brief in Opposition, [Declaration of Mark Watercutter] by Allen Medical Systems, Inc., Hill-Rom Services, Inc.. (Kraman, Pilar) |
| Filing 21 DECLARATION re #20 Answering Brief in Opposition, [Declaration of John D. Cook] by Allen Medical Systems, Inc., Hill-Rom Services, Inc.. (Attachments: #1 Exhibit 1)(Kraman, Pilar) |
| Filing 20 ANSWERING BRIEF in Opposition re #15 MOTION to Transfer Case to Northern District of California filed by Allen Medical Systems, Inc., Hill-Rom Services, Inc..Reply Brief due date per Local Rules is 3/16/2022. (Attachments: #1 Certificate of Compliance)(Kraman, Pilar) |
| Filing 19 ANSWERING BRIEF in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by Allen Medical Systems, Inc., Hill-Rom Services, Inc..Reply Brief due date per Local Rules is 3/16/2022. (Attachments: #1 Certificate of Compliance, #2 Exhibit A, #3 Exhibit B)(Kraman, Pilar) |
| Filing 18 DECLARATION re #15 MOTION to Transfer Case to Northern District of California of Anthony Zannis by Mizuho Orthopedic Systems, Inc.. (Rostocki, Brian) |
| Filing 17 DECLARATION re #15 MOTION to Transfer Case to Northern District of California of Seth B. Herring by Mizuho Orthopedic Systems, Inc.. (Attachments: #1 Exhibits 1-5)(Rostocki, Brian) |
| Filing 16 OPENING BRIEF in Support re #15 MOTION to Transfer Case to Northern District of California filed by Mizuho Orthopedic Systems, Inc..Answering Brief/Response due date per Local Rules is 3/9/2022. (Attachments: #1 Word Count Certification)(Rostocki, Brian) |
| Filing 15 MOTION to Transfer Case to Northern District of California - filed by Mizuho Orthopedic Systems, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification Pursuant to D. Del. Local Rule 7.1.1)(Rostocki, Brian) |
| Filing 14 OPENING BRIEF in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by Mizuho Orthopedic Systems, Inc..Answering Brief/Response due date per Local Rules is 3/9/2022. (Attachments: #1 Word Count Certification)(Rostocki, Brian) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim - filed by Mizuho Orthopedic Systems, Inc.. (Attachments: #1 Text of Proposed Order)(Rostocki, Brian) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Mizuho Corporation for Mizuho Orthopedic Systems, Inc. filed by Mizuho Orthopedic Systems, Inc.. (Rostocki, Brian) |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Douglas J. Nash, Esquire, John D. Cook, Esquire, and Naresh K. Kannan, Esquire - filed by Allen Medical Systems, Inc., Hill-Rom Services, Inc.. (Kraman, Pilar) |
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SO ORDERED, re #10 MOTION for Extension of Time to Move, Answer, or Otherwise Respond to Plaintiffs' Complaint (Unopposed), filed by Mizuho Orthopedic Systems, Inc. Reset Answer Deadlines: Mizuho Orthopedic Systems, Inc. answer due 2/23/2022. Ordered by Judge Colm F. Connolly on 1/13/2022. (kmd)
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SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Douglas J. Nash, Esquire, John D. Cook, Esquire, and Naresh K. Kannan, Esquire, filed by Hill-Rom Services, Inc., Allen Medical Systems, Inc. Ordered by Judge Colm F. Connolly on 1/13/2022. (kmd)
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| Pro Hac Vice Attorneys Naresh K. Kannan, John D Cook, and Douglas J. Nash for Allen Medical Systems, Inc. and Hill-Rom Services, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Filing 10 MOTION for Extension of Time to Move, Answer, or Otherwise Respond to Plaintiffs' Complaint (Unopposed) - filed by Mizuho Orthopedic Systems, Inc.. (Attachments: #1 Text of Proposed Order)(Rostocki, Brian) |
| Filing 9 SUMMONS Returned Executed by Allen Medical Systems, Inc., Hill-Rom Services, Inc.. Mizuho Orthopedic Systems, Inc. served on 1/3/2022, answer due 1/24/2022. (Kraman, Pilar) |
| Filing 8 Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Hill-Rom, Inc., Other Affiliate Baxter International Inc., Other Affiliate Hill-Rom Holdings, Inc. for Hill-Rom Services, Inc. filed by Hill-Rom Services, Inc.. (Kraman, Pilar) |
| Filing 7 Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Hill-Rom, Inc., Other Affiliate Baxter International Inc., Other Affiliate Hill-Rom Holdings, Inc. for Allen Medical Systems, Inc. filed by Allen Medical Systems, Inc.. (Kraman, Pilar) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 6 Summons Issued with Magistrate Consent Notice attached as to Mizuho Orthopedic Systems, Inc. on 12/10/2021. (smg) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Hill-Rom, Inc., Corporate Parent Hill-Rom Holdings, Inc. for Hill-Rom Services, Inc. filed by Hill-Rom Services, Inc. (smg) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Hill-Rom, Inc., Corporate Parent Hill-Rom Holdings, Inc. for Allen Medical Systems, Inc. filed by Allen Medical Systems, Inc. (smg) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,708,358 B2 ; US 8,341,777 B2 ; US 8,397,323 B2 ; US 9,849,051 B2 ; US 9,968,503 B2 ; US 10,561,552 B2 ; US RE41,412 E. (smg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg) |
| Filing 1 COMPLAINT filed with Jury Demand against Mizuho Orthopedic Systems, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3760485.) - filed by Allen Medical Systems, Inc., Hill-Rom Services, Inc. (Attachments: #1 Exhibit A-B, #2 Exhibit C-T, #3 Civil Cover Sheet)(smg) |
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