Synthes (USA) v. Spinal Kinetics Inc.
Plaintiff: Synthes (USA), Synthes USA, LLC, Synthes USA Sales, LLC and Synthes, Inc.
Defendant: Spinal Kinetics Inc.
Counter-claimant: Spinal Kinetics Inc.
Counter-defendant: Synthes (USA), Synthes USA, LLC, Synthes USA Sales, LLC and Synthes, Inc.
Case Number: 5:2009cv01201
Filed: March 19, 2009
Court: US District Court for the Northern District of California
Office: Patent Office
County: XX US, Outside State
Presiding Judge: Richard Seeborg
Presiding Judge: Ronald M. Whyte
Nature of Suit: Both
Cause of Action: Federal Question
Jury Demanded By: 35:271 Patent Infringement

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 18, 2013 Opinion or Order Filing 594 STIPULATION AND ORDER 593 Approving Supersedeas Bond. Signed by Judge Ronald M. Whyte on 4/18/13. (jg, COURT STAFF) (Filed on 4/18/2013)
January 9, 2013 Opinion or Order Filing 589 ORDER by Judge Whyte on 542 motion to review taxation of costs and request for stay on any execution regarding costs; 543 motion for partial review of taxation of costs (rmwlc1, COURT STAFF) (Filed on 1/9/2013)
September 27, 2012 Opinion or Order Filing 577 ORDER RE POST TRIAL MOTIONS by Judge Ronald M. Whyte re 473 505 506 513 515 532 533 534 (rmwlc2, COURT STAFF) (Filed on 9/27/2012)
June 18, 2012 Opinion or Order Filing 561 STIPULATION AND ORDER 40 Granting a One Week Extension to Reply to Spinal Kinetics' Oppositions to Plaintiff's Post-Trial Motions. Signed by Judge Ronald M. Whyte on 6/18/12. (jg, COURT STAFF) (Filed on 6/18/2012)
May 1, 2012 Opinion or Order Filing 526 ORDER SUBMITTING MOTION TO HAVE CASE DECLARED EXCEPTIONAL ON THE PAPERS; DENYING MOTION TO ADDRESS NEW AUTHORITY; GRANTING MOTION TO CHANGE TIME FOR FILING OF SPINAL KINETICS' ATTORNEYS' FEES MOTION (rmwlc2, COURT STAFF) (Filed on 5/1/2012)
April 23, 2012 Opinion or Order Filing 524 JUDGMENT. Signed by Judge Ronald M. Whyte on April 23, 2012. (rmwlc2, COURT STAFF) (Filed on 4/23/2012)
December 21, 2011 Opinion or Order Filing 501 STIPULATION AND ORDER Re: Trial Exhibits. Signed by Judge Ronald M. Whyte on 12/19/11. (jg, COURT STAFF) (Filed on 12/21/2011)
November 23, 2011 Opinion or Order Filing 454 ORDER by Judge Ronald M. Whyte granting 426 Administrative Motion to File Under Seal (rmwlc2, COURT STAFF) (Filed on 11/23/2011)
November 14, 2011 Opinion or Order Filing 431 ORDER on Additional In Limine Motion and Evidentiary Objections. Signed by Judge Ronald M. Whyte on 11/14/11. (jg, COURT STAFF) (Filed on 11/14/2011)
November 10, 2011 Opinion or Order Filing 430 ORDER 418 Granting Synthes' Request for Permission to Bring Equipment Into Courtroom During Trial. Signed by Judge Ronald M. Whyte on 11/10/11. (jg, COURT STAFF) (Filed on 11/10/2011)
November 9, 2011 Opinion or Order Filing 423 ORDER by Judge Whyte granting 400 Administrative Motion to File Under Seal (rmwlc2, COURT STAFF) (Filed on 11/9/2011)
November 2, 2011 Opinion or Order Filing 420 Pretrial ORDER and rulings on motions in limine by Judge Whyte (rmwlc2, COURT STAFF) (Filed on 11/2/2011)
October 20, 2011 Opinion or Order Filing 415 ORDER by Judge Whyte denying 410 administrative motion to reopen fact discovery for purpose of completing deposition of Giuseppe Molaro (rmwlc2, COURT STAFF) (Filed on 10/20/2011)
October 11, 2011 Opinion or Order Filing 409 ORDER requiring response to Plaintiff's Motion in Limine filed October 3, 2011. Signed by Judge Whyte on 10/11/2011. (rmwlc2, COURT STAFF) (Filed on 10/11/2011)
October 6, 2011 Opinion or Order Filing 407 Stipulation and ORDER regarding lodging deposition transcripts. Signed by Judge Whyte on 10/5/2011. (rmwlc2, COURT STAFF) (Filed on 10/6/2011)
September 13, 2011 Opinion or Order Filing 366 ORDER by Judge Whyte granting 349 Administrative Motion to File Under Seal (rmwlc2, COURT STAFF) (Filed on 9/13/2011)
September 12, 2011 Opinion or Order Filing 361 Conditional Order by Magistrate Judge Howard R. Lloyd granting in part and denying in part 183 Defendant's Motion to Compel Further Deposition of Giuseppe Molaro.(hrllc2, COURT STAFF) (Filed on 9/12/2011)
August 19, 2011 Opinion or Order Filing 298 ORDER by Judge Whyte granting 206 Motion to Dismiss; granting 217 Motion for Summary Judgment; denying 218 Motion for Partial Summary Judgment; denying 224 Motion for Summary Judgment; granting in part and denying in part 225 Motion for Summary Judgment; granting in part and denying in part 236 Motion to Exclude; granting in part and denying in part 267 Motion to Strike ; denying 281 Motion for Summary Judgment (rmwlc1, COURT STAFF) (Filed on 8/19/2011)
June 23, 2011 Opinion or Order Filing 244 JOINT STIPULATION AND ORDER 230 Concerning Briefing Schedule and Hearing Dates: Motion Hearing set for 7/22/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 6/23/11. (jg, COURT STAFF) (Filed on 6/23/2011)
June 2, 2011 Opinion or Order Filing 211 ORDER re 210 Defendant's Motion for Continuance. Signed by Magistrate Judge Howard R. Lloyd on 6/2/2011. (hrllc2, COURT STAFF) (Filed on 6/2/2011)
May 13, 2011 Opinion or Order Filing 208 INTERIM ORDER re 182 Defendant's Motion to Compel an In Camera Inspection of Documents. 5/17/2011 motion hearing is vacated. Parties' attorneys, including lead counsel, to meet-and-confer in person in the next 14 days. If the disputes are not resolved, parties to file joint status report, not to exceed 7 pages, by 6/3/2011 re issues that remain in dispute. Court to decide whether a hearing is warranted and will provide notice accordingly. Signed by Magistrate Judge Howard R. Lloyd on 5/13/0211. (hrllc2, COURT STAFF) (Filed on 5/13/2011)
May 6, 2011 Opinion or Order Filing 207 STIPULATION AND ORDER 197 Cotninuing the Hearing Date for Defendant Spinal Kinetics, Inc.'s Motion to Dismiss Plaintiffs Synthes, Inc. and Synthes USA Sales, LLC for Lack of Standing. Signed by Judge Ronald M. Whyte on 5/6/11. (jg, COURT STAFF) (Filed on 5/6/2011)
May 2, 2011 Opinion or Order Filing 200 ORDER by Judge Whyte denying 193 Administrative Motion to File Under Seal (rmwlc1, COURT STAFF) (Filed on 5/2/2011)
April 15, 2011 Opinion or Order Filing 196 STIPULATION AND ORDER 190 Regarding Amendments to Pretrial Schedule. Signed by Judge Ronald M. Whyte on 4/15/11. (jg, COURT STAFF) (Filed on 4/15/2011)
April 8, 2011 Opinion or Order Filing 192 STIPULATION AND ORDER re 191 continuing hearings re discovery motions. Hearings re 182 and 183 continued to 5/17/2011. Briefing deadlines adjusted accordingly. Signed by Magistrate Judge Howard R. Lloyd on 4/8/2011. (hrllc2, COURT STAFF) (Filed on 4/8/2011)
March 21, 2011 Opinion or Order Filing 186 STIPULATION AND ORDER Regarding Amendments to Pretrial Schedule and Withdrawal of Pending Motions re 181 Regarding Amendments to Pretrial Schedule and Withdrawal of Pending Motions. Motions terminated: 175 MOTION to Amend/Correct PRETRIAL ORDER TO ALLOW PLAINTIFFS TO SUBMIT SUPPLEMENTAL EXPERT REPORTS REGARDING PRODUCT TESTING AND TO BAR SPINAL KINETICS FROM RELYING ON WITHHELD TESTING INFORMATION; AND APPEAL OF MAGISTRATE JUDGE'S ORDER RE SAMPL filed by Synthes USA Sales, LLC, Synthes, Inc., Synthes USA, LLC, 178 MOTION to Strike filed by Spinal Kinetics Inc. Signed by Judge Ronald M. Whyte on 3/21/11. (jg, COURT STAFF) (Filed on 3/21/2011) Modified on 3/22/2011 (bw, COURT STAFF).
March 3, 2011 Opinion or Order Filing 168 ORDER by Judge Whyte denying 144 Administrative Motion to File Under Seal. (rmwlc1, COURT STAFF) (Filed on 3/3/2011)
March 2, 2011 Opinion or Order Filing 166 ORDER Granting in Part and Denying in Part Defendant's Motion to Compel Depositions. Signed by Magistrate Judge Howard R. Lloyd on 3/2/2011. (hrllc2, COURT STAFF) (Filed on 3/2/2011)
February 25, 2011 Opinion or Order Filing 163 INTERIM ORDER re 150 Plaintiffs' Motion to Seal Documents. Defendant's declaration(s) re sealing due by 3/4/2011. Signed by Magistrate Judge Howard R. Lloyd on 2/25/2011. (hrllc2, COURT STAFF) (Filed on 2/25/2011)
February 11, 2011 Opinion or Order Filing 153 ORDER Denying Motion for Summary Judgment of Invalidity of Claims 29-31 of U.S. Patent No. 7,429,270 Under 35 U.S.C. Section 112. Signed by Judge Whyte on 2/11/2011. (rmwlc1, COURT STAFF) (Filed on 2/11/2011)
February 8, 2011 Opinion or Order Filing 151 STIPULATION AND ORDER re 149 . Defendant's reply brief re Motion to Compel Deposition Testimony of Synthes' Consultants and Employees and to Take the Depositions of Witnesses in Switzerland due by 2/10/2011. Signed by Magistrate Judge Howard R. Lloyd on 2/8/2011. (hrllc2, COURT STAFF) (Filed on 2/8/2011)
February 3, 2011 Opinion or Order Filing 146 STIPULATION AND ORDER 136 Re: Briefing Schedule for Spinal Kinetics' Motion for Summary Judgment of Invalidity. Signed by Judge Ronald M. Whyte on 2/3/11. (jg, COURT STAFF) (Filed on 2/3/2011)
January 31, 2011 Opinion or Order Filing 137 ORDER by Judge Whyte denying 98 Motion for Summary Judgment (rmwlc1, COURT STAFF) (Filed on 1/31/2011)
January 5, 2011 Opinion or Order Filing 122 STIPULATION AND ORDER 118 Regarding Briefing Schedule for Spinal Kinetics' Motion for Summary Judgment 98 . Signed by Judge Whyte on 1/5/2011. (rmwlc1, COURT STAFF) (Filed on 1/5/2011)
November 24, 2010 Opinion or Order Filing 111 STIPULATION AND ORDER 109 Regarding Briefing Schedule and Hearing for Spinal Kinetics' Motion for Summary Judgment 98 . Motion Hearing set for 1/14/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Whyte on 11/24/2010. (rmwlc1, COURT STAFF) (Filed on 11/24/2010)
November 22, 2010 Opinion or Order Filing 110 ORDER by Judge Whyte granting 106 Administrative Motion to File Under Seal (rmwlc1, COURT STAFF) (Filed on 11/22/2010)
October 21, 2010 Opinion or Order Filing 105 ORDER 104 Granting Request to Change the Deadline for Spinal Kinetics to Provide Information Re Advice of Counsel Per Patent Local Rule 3-7. Signed by Judge Ronald M. Whyte on 10/21/10. (jg, COURT STAFF) (Filed on 10/21/2010)
October 5, 2010 Opinion or Order Filing 103 STIPULATION AND ORDER 100 Regarding Briefing Schedule and Hearing for Spinal Kinetics' Motion for Summary Judgment 98 . Motion Hearing set for 12/3/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/5/10. (jg, COURT STAFF) (Filed on 10/5/2010)
September 29, 2010 Opinion or Order Filing 101 ORDER by Judge Whyte granting 97 Unopposed Motion for Leave to File. October 1, 2010 hearing date is hereby vacated. (rmwlc1, COURT STAFF) (Filed on 9/29/2010)
August 16, 2010 Opinion or Order Filing 93 STIPULATION AND ORDER 90 Re: Filing of Second Joint Case Management Statement. Signed by Judge Ronald M. Whyte on 8/16/10. (jg, COURT STAFF) (Filed on 8/16/2010)
August 10, 2010 Opinion or Order Filing 91 ORDER by Judge Whyte granting 87 Motion to Amend/Correct Infringement Contentions and vacating 8/27/10 hearing date. (rmwlc3, COURT STAFF) (Filed on 8/10/2010)
July 14, 2010 Opinion or Order Filing 86 STIPULATION AND ORDER 85 to Set Further Case Management Conference: Further Case Management Conference set for 8/13/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 7/14/10. (jgS, COURT STAFF) (Filed on 7/14/2010)
June 23, 2010 Opinion or Order Filing 84 ORDER CONSTRUING DISPUTED CLAIM LANGUAGE OF US PATENT 7,429,270. Signed by Judge Whyte on 6.23.10. (rmwlc3, COURT STAFF) (Filed on 6/23/2010)
March 15, 2010 Opinion or Order Filing 79 ORDER 78 to Permit Requipment to be Brought in for the 3/17/2010 Tutorial and Claims Construction Hearing by Plaintiffs. Signed by Judge Ronald M. Whyte on 3/15/10. (jg, COURT STAFF) (Filed on 3/15/2010)
March 12, 2010 Opinion or Order Filing 77 ORDER 76 Permitting Equipment to be Brought in for the 3/17/2010 Tutorial and Claims Construction Hearing. Signed by Judge Ronald M. Whyte on 3/12/10. (jg, COURT STAFF) (Filed on 3/12/2010)
February 12, 2010 Opinion or Order Filing 75 STIPULATION AND ORDER 74 to Continue the Claims Construction Hearing. Claims Construction Hearing set for 3/17/2010 9:00 AM. Signed by Judge Ronald M. Whyte on 2/12/10. (jg, COURT STAFF) (Filed on 2/12/2010)
January 28, 2010 Opinion or Order Filing 72 STIPULATION AND ORDER 68 to Extend Time for Submission of Responsive and Reply Claim Construction Briefs and Continuance of Tutorial/Claims Construction Hearing: Tutorial/Claims Construction Hearing set for 2/23/2010 9:00 AM. Signed by Judge Ronald M. Whyte on 1/28/10. (jg, COURT STAFF) (Filed on 1/28/2010)
December 18, 2009 Opinion or Order Filing 65 ORDER by Judge Whyte granting 60 Motion to Amend invalidity contentions; defendant shall serve amended contentions within ten days. (rmwlc3, COURT STAFF) (Filed on 12/18/2009)
July 16, 2009 Opinion or Order Filing 54 STIPULATION AND ORDER 52 Selecting ADR Process, Case Referred to Private ADR. Signed by Judge Ronald M. Whyte on 7/16/09. (jg, COURT STAFF) (Filed on 7/16/2009)
April 30, 2009 Opinion or Order Filing 46 ORDER 45 Withdrawing Spinal Kinetics, Inc.'s Motion to Strike Amended Complaint and Vacating Hearing Date. Signed by Judge Ronald M. Whyte on 4/30/09. (jg, COURT STAFF) (Filed on 4/30/2009)
April 10, 2009 Opinion or Order Filing 37 ORDER 35 Approving Substitution of Counsel for Spinal Kinetics, Inc., Attorney James W. Geriak for Spinal Kinetics Inc., Robert W. Dickerson for Spinal Kinetics Inc., Allan William Jansen for Spinal Kinetics Inc. added. Attorney Adam Wyatt Poff & Josy W. Ingersoll terminated. Signed by Judge Ronald M. Whyte on 4/10/09. (jg, COURT STAFF) (Filed on 4/10/2009) Modified on 4/22/2009 (sp, COURT STAFF).
February 24, 2009 Opinion or Order Filing 24 MEMORANDUM ORDER granting 6 MOTION to Transfer Case to Northern District of California. Signed by Judge Sue L. Robinson on 2/24/2009. (nmf)
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Plaintiff: Synthes (USA)
Represented By: Jeffrey Martin Olson
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Plaintiff: Synthes USA, LLC
Represented By: Tiffany Geyer Lydon
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Plaintiff: Synthes USA Sales, LLC
Represented By: Tiffany Geyer Lydon
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Plaintiff: Synthes, Inc.
Represented By: Tiffany Geyer Lydon
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Defendant: Spinal Kinetics Inc.
Represented By: Adam Wyatt Poff
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Counter-claimant: Spinal Kinetics Inc.
Represented By: Adam Wyatt Poff
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Counter-defendant: Synthes (USA)
Represented By: Steven J. Balick
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Counter-defendant: Synthes USA, LLC
Represented By: John G. Day
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Counter-defendant: Synthes USA Sales, LLC
Represented By: John G. Day
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Counter-defendant: Synthes, Inc.
Represented By: John G. Day
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