Abdou v. Alphatec Spine, Inc.
Plaintiff: Samy Abdou, M.D.
Defendant: Alphatec Spine, Inc.
Case Number: 3:2012cv01804
Filed: July 23, 2012
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Roger T Benitez
Referring Judge: Ruben B Brooks
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 0271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 28, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2015 Filing 138 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 7,951,153, 8,172,855, re #120 Clerk's Judgment. cc:USPTO (ag)
April 6, 2015 Filing 137 NOTICE: All parties are advised that the bill of costs hearing currently set for 4/06/15 134 is vacated. The parties have settled costs and the request to tax costs has been withdrawn. #125 (no document attached) (llb)
April 2, 2015 Opinion or Order Filing 136 ORDER of USCA as to #123 Notice of Appeal to the Federal Circuit, filed by Samy Abdou, M.D.. #130 Notice of Cross Appeal to the Federal Circuit filed by Alphatec Spine, Inc. IT IS ORDERED THAT: (1) The motion to withdraw is granted. The appeals are dismissed. (2) Each side shall bear its own costs. (Issued as a Mandate on 4/2/2015.) (akr)
March 23, 2015 Filing 135 NOTICE by Alphatec Spine, Inc. re #125 Bill of Costs,,, #128 Sealed Lodged Proposed Document, #127 MOTION to File Documents Under Seal, #126 MOTION for Attorney Fees to Withdraw of Motion for Attorneys' Fees and Application to Tax Costs (Trusso, Jennifer) (aef).
March 18, 2015 Filing 134 NOTICE of Hearing Change re: Bill of Costs #125 filed by Alphatec Spine, Inc. : At the joint request of counsel the bill of costs hearing currently set for 3/18/15 is vacated and reset for 4/6/2015 at 01:30PM. Hearing is continued to allow counsel further time to settle costs. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact L. Barkins 619-557-6416 at the time of the hearing. (no document attached) (llb)
March 16, 2015 Filing 133 Objection to Bill of Costs re #125 Bill of Costs, filed by Samy Abdou, MD. (Attachments: #1 Declaration of Christoper L. Lawless in support)(Lawless, Christopher) (knb).
March 12, 2015 Filing 132 USCA Case Number 15-1437 for #130 Notice of Cross Appeal to the Federal Circuit, filed by Alphatec Spine, Inc. (akr)
March 5, 2015 Filing 131 TRANSCRIPT PURCHASE ORDER by Samy Abdou, MD, for proceedings held on all hearings re #123 Notice of Appeal to Federal Circuit. (Dauchot, Luke). (Modified on 3/5/2015 to edit docket text to reflect title of document. The form states that "A transcript is already on file.") (akr).
March 5, 2015 Filing 130 NOTICE OF CROSS APPEAL to the Federal Circuit as to #74 Order, by Alphatec Spine, Inc. (Filing fee $ 505 receipt number 0974-7866599.) (Trusso, Jennifer). (Modified on 3/5/2015 to edit docket text re linked Order. Notice of Cross Appeal electronically transmitted to the US Court of Appeals for the Federal Circuit.) (akr).
March 2, 2015 Filing 129 NOTICE of Hearing Re:Bill of Costs #125 , filed by Alphatec Spine, Inc. scheduling a hearing for 3/18/2015 at 10:00AM. Any opposition or responsive pleading is due by 3/16/2015. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact L. Barkins 619-557-6416 at the time of the hearing. (no document attached) (llb)
February 27, 2015 Filing 128 ****DOCUMENT WITHDRAWN PER ENTRY #135 **** - SEALED LODGED Proposed Document re: #127 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Trusso, Jennifer)(sjt). Modified on 3/23/2015- to withdraw document (aef).
February 27, 2015 Filing 127 ****DOCUMENT WITHDRAWN PER ENTRY #135 **** - MOTION to File Documents Under Seal (With attachments)(Trusso, Jennifer) (sjt). Modified on 3/23/2015-to withdraw document (aef).
February 27, 2015 Filing 126 ****DOCUMENT WITHDRAWN PER ENTRY #135 **** - MOTION for Attorney Fees by Alphatec Spine, Inc. (Attachments: #1 Index of Exhibits to Trusso Declaration ISO Motion for Attorneys Fees, #2 Declaration of Jennifer A. Trusso ISO Motion for Attorneys Fees, #3 Exhibit 10 to Trusso Declaration ISO Motion for Attorneys Fees, #4 Exhibit 12 to Trusso Declaration ISO Motion for Attorneys Fees, #5 Exhibit 13 to Trusso Declaration ISO Motion for Attorneys Fees, #6 Exhibit 14 to Trusso Declaration ISO Motion for Attorneys Fees, #7 Exhibit 16A to Trusso Declaration ISO Motion for Attorneys Fees, #8 Exhibit 16B to Trusso Declaration ISO Motion for Attorneys Fees, #9 Exhibit 17 to Trusso Declaration ISO Motion for Attorneys Fees, #10 Exhibit 18 to Trusso Declaration ISO Motion for Attorneys Fees, #11 Exhibit 19 to Trusso Declaration ISO Motion for Attorneys Fees PART ONE, #12 Exhibit 19 to Trusso Declaration ISO Motion for Attorneys Fees PART TWO, #13 Exhibit 26 to Trusso Declaration ISO Motion for Attorneys Fees, #14 Exhibit 27 to Trusso Declaration ISO Motion for Attorneys Fees, #15 Proof of Service of Sealed Documents)(Trusso, Jennifer) (knb). Modified on 3/23/2015-to withdraw document (aef).
February 27, 2015 Filing 125 ****DOCUMENT WITHDRAWN PER ENTRY #135 **** - BILL OF COSTS submitted by Counter Claimant Alphatec Spine, Inc., Defendant Alphatec Spine, Inc. in the amount of $ 55315.37. Hearing set for 3/18/2015 at 10:00AM. (Attachments: #1 Memorandum of Costs and Disbursements, #2 Declaration Trusso Declaration ISO Bill of Costs, #3 Trusso Index of Exhibits ISO Bill of Costs, #4 Exhibit A to Trusso Declaration ISO Bill of Costs, #5 Exhibit B to Trusso Declaration ISO Bill of Costs, #6 Exhibit C to Trusso Declaration ISO Bill of Costs, #7 Exhibit D to Trusso Declaration ISO Bill of Costs, #8 Exhibit E to Trusso Declaration ISO Bill of Costs, #9 Declaration Puente Declaration ISO Bill of Costs, #10 Puente Index of Exhibits ISO Bill of Costs, #11 Exhibit 1 to Puente Declaration ISO Bill of Costs, #12 Exhibit 2 to Puente Declaration ISO Bill of Costs)(Trusso, Jennifer) (knb). Modified on 3/23/2015-to withdraw document (aef). Modified on 4/6/2015 (llb).
February 23, 2015 Filing 124 USCA Case Number 15-1358 for #123 Notice of Appeal to the Federal Circuit, filed by Samy Abdou, M.D. (akr)
February 20, 2015 Filing 123 NOTICE OF APPEAL to the Federal Circuit as to #120 Clerk's Judgment, #119 Order, #111 Order, by Samy Abdou, MD. (Filing fee $ 505 receipt number 0974-7826307.) (Dauchot, Luke). (Modified on 2/20/2015 to add links to Judgment and Orders. Notice of Appeal electronically transmitted to the US Court of Appeals for the Federal Circuit.) (akr).
February 12, 2015 Opinion or Order Filing 122 ORDER Granting #121 Joint Motion for Order Extending Time for Defendant Alphatec Spine, Inc. to File Bill of Costs and Motion for Attorneys' Fees. Signed by Judge Roger T. Benitez on 2/12/2015. (knb)
February 10, 2015 Filing 121 Joint MOTION for Extension of Time to File Bill of Costs and Motion for Attorneys' Fees by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
February 3, 2015 Filing 120 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is entered in favor of Alphatec as set forth in the Court's November 19, 2014 Order granting Alphatec's motion that claims 1,3-6,8-35 of the '153 Patent and claims 6-29, 32-42 of the '855 Patent are indefinite under 35 U.S.C. 112, paragraph 2.(knb)
February 3, 2015 Opinion or Order Filing 119 ORDER Granting #112 Request for Entry of Judgment. Signed by Judge Roger T. Benitez on 2/2/2015. (knb)
January 7, 2015 Filing 118 RESPONSE re #117 Notice (Other) to Alphatec's Notice of Recent Court Decision filed by Samy Abdou, MD. (Lawless, Christopher) (knb).
December 30, 2014 Filing 117 NOTICE by Alphatec Spine, Inc. re #112 Supplemental Document of Recent Court Decision (Attachments: #1 Exhibit A to Notice of Recent Court Decision)(Trusso, Jennifer)(knb).
December 9, 2014 Filing 116 RESPONSE re #115 Reply - Other to Alphatec's Reply in Support of its Request for Entry of Judgment filed by Samy Abdou, MD. (Lawless, Christopher)(knb).
December 8, 2014 Filing 115 REPLY - Other re #112 Supplemental Document ISO Request for Entry of Judgment filed by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
December 4, 2014 Filing 114 NOTICE of Appearance by Luke L. Dauchot on behalf of Samy Abdou, MD (Dauchot, Luke)Attorney Luke L. Dauchot added to party Samy Abdou, MD(pty:pla), Attorney Luke L. Dauchot added to party Samy Abdou, MD(pty:cd) (sjt).
December 3, 2014 Filing 113 SUPPLEMENTAL DOCUMENT by Samy Abdou, MD re #112 Supplemental Document Opposition to Alphatec's Request for Entry of Judgment. (Attachments: #1 Declaration of Christopher M. Lawless, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Dauchot, Luke) (knb).
November 28, 2014 Filing 112 MOTION for Summary Judgment by Alphatec Spine, Inc. re #111 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment. (Attachments: #1 Appendix A)(De La Cruz, Andre) (knb). Modified to correct event used on 1/23/2015 (knb).
November 19, 2014 Opinion or Order Filing 111 ORDER Granting Motions for Summary Judgment (Docket Nos. #84 , #89 ). Signed by Judge Roger T. Benitez on 11/19/2014. (knb)
October 15, 2014 Opinion or Order Filing 110 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: A mandatory settlement conference was held. The parties are to notify the Court before October 17, 2014, at 10:00 a.m. of their response to the mediator's proposal. Signed by Magistrate Judge Ruben B. Brooks 10/15/2014. (knb)
October 14, 2014 Opinion or Order Filing 109 ORDER granting #108 Motion to Amend Scheduling Order. Final Pretrial Conference reset for 3/23/2015 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Ruben B. Brooks on 10/14/2014. (sjt)
October 10, 2014 Filing 108 Joint MOTION to Amend/Correct Scheduling Order by Alphatec Spine, Inc. (De La Cruz, Andre) (knb).
September 16, 2014 Opinion or Order Filing 107 ORDER Granting #105 Joint Motion to Continue Daubert Motion Hearing and Expert Discovery Deadline. Signed by Magistrate Judge Ruben B. Brooks on 9/16/2014. (knb)
September 16, 2014 Filing 106 NOTICE by Alphatec Spine, Inc. of Recent Court Decision re: #89 Motion for partial summary judgement (Attachments: #1 Appendix A)(De La Cruz, Andre) Modified on 9/17/2014 (QC mailer sent re: document should have been an attachment, missing proof of service)(sjt).
September 12, 2014 Filing 105 Joint MOTION to Continue Daubert Motion Hearing and Expert Discovery Deadline by Samy Abdou, MD. (Attachments: #1 Exhibit 1 (Decl of A. De La Cruz))(Lawless, Christopher) (knb).
September 9, 2014 Filing 104 NOTICE by Alphatec Spine, Inc. of Withdrawal of Attorney Graham "Gray" Buccigross (Buccigross, Graham) (knb).
September 4, 2014 Filing 103 Minute Entry for proceedings held before Judge Roger T. Benitez: Motion Hearing held on 9/4/2014. Submitting #84 MOTION for Summary Judgment of Invalidity for Indefiniteness filed by Alphatec Spine, Inc., #89 MOTION for Partial Summary Judgment re Plaintiff's Damages Claim filed by Alphatec Spine, Inc. Court to issue written Order. (Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Christopher Michael Clinton Lawless). (Defendant Attorney Jennifer Trusso, Andre De La Cruz, Stephanie L. Limbaugh). (no document attached) (gxr)
August 22, 2014 Opinion or Order Filing 102 ORDER Granting #100 Motion to Allow the Use of Electrical Equipment in the Courtroom. Signed by Judge Roger T. Benitez on 8/22/2014. (knb)
August 22, 2014 Opinion or Order Filing 101 ORDER Denying #98 Motion to Withdraw as Attorney. Signed by Judge Roger T. Benitez on 8/22/2014. (knb)
August 21, 2014 Filing 100 MOTION to Allow the Use of Electrical Equipment in the Courtroom by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
August 20, 2014 Opinion or Order Filing 99 ORDER Granting #96 Joint Motion to Continue Settlement Conference. Mandatory Settlement Conference reset for 10/15/2014 02:00 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 8/20/2014. (knb)
August 20, 2014 Filing 98 MOTION to Withdraw as Attorney Graham "Gray" Buccigross by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
August 20, 2014 Filing 97 NOTICE OF WITHDRAWAL OF DOCUMENT re #92 MOTION to Allow the Use of Electrical Equipment in the Courtroom by Alphatec Spine, Inc. (Trusso, Jennifer) Modified to correct event used on 8/20/2014 (knb).
August 19, 2014 Filing 96 Joint MOTION to Continue Settlement Conference by Alphatec Spine, Inc. (De La Cruz, Andre) (knb).
August 18, 2014 Filing 95 NOTICE of Hearing on #89 MOTION for Partial Summary Judgment re Plaintiff's Damages Claim, #84 MOTION for Summary Judgment of Invalidity for Indefiniteness : Motion Hearing reset for 9/4/2014 09:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
August 14, 2014 Filing 94 REPLY to Response to Motion re #84 MOTION for Summary Judgment of Invalidity for Indefiniteness, #89 MOTION for Partial Summary Judgment re Plaintiff's Damages Claim filed by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
August 7, 2014 Filing 93 RESPONSE in Opposition re #84 MOTION for Summary Judgment of Invalidity for Indefiniteness, #89 MOTION for Partial Summary Judgment re Plaintiff's Damages Claim filed by Samy Abdou, MD. (Attachments: #1 Response to Alphatec's Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration of Christopher M. Lawless, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Declaration of Ali Moshirfar)(Lawless, Christopher) (knb).
August 7, 2014 Filing 92 WITHDRAWN per #97 Notice of Withdrawal of Document. MOTION to Allow the Use of Electrical Equipment in the Courtroom by Alphatec Spine, Inc. (Trusso, Jennifer)(knb).
August 4, 2014 Opinion or Order Filing 91 ORDER Granting in Part #90 Joint Motion to Amend Scheduling Order. Signed by Magistrate Judge Ruben B. Brooks on 8/4/2014. (knb)
July 29, 2014 Filing 90 Joint MOTION to Amend/Correct #73 Order, by Alphatec Spine, Inc. (Trusso, Jennifer)(knb).
July 24, 2014 Filing 89 MOTION for Partial Summary Judgment re Plaintiff's Damages Claim by Alphatec Spine, Inc. (Attachments: #1 Memo of Points and Authorities Part 1, #2 Memo of Points and Authorities Part 2, #3 Memo of Points and Authorities Part 3, #4 Statement of Facts Part 1, #5 Statement of Facts Part 2, #6 Declaration of Jennifer Trusso, #7 Index of Exhibits, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I)(Trusso, Jennifer) (knb).
July 7, 2014 Opinion or Order Filing 88 ORDER Granting Joint Motion to Continue Hearing Date (Docket Nos. #85 , #87 ). The July 21, 2014 hearing date for Defendant Alphatec Spine, Inc.'s Motion for Summary Judgment (Docket No. 84) is continued to August 21, 2014 at 9:30 a.m. Signed by Judge Roger T. Benitez on 7/7/2014. (knb)
July 2, 2014 Filing 87 Joint MOTION to Continue Hearing Date on Motion for Summary Judgment and Consolidate Hearing on Additional Motions for Summary Judgment by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
June 26, 2014 Filing 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 5/1/2014, before Judge Roger T. Benitez. Court Reporter/Transcriber: Deborah M. O'Connell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/17/2014. Redacted Transcript Deadline set for 7/28/2014. Release of Transcript Restriction set for 9/24/2014. (akr)
June 24, 2014 Filing 85 MOTION to Allow the Use of Electrical Equipment in the Courtroom by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
June 19, 2014 Filing 84 MOTION for Summary Judgment of Invalidity for Indefiniteness by Alphatec Spine, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration of Jennifer Trusso, #4 Index of Trusso Exhibits, #5 Exhibit A to Trusso Declaration, #6 Exhibit B to Trusso Declaration, #7 Exhibit C to Trusso Declaration, #8 Exhibit D to Trusso Declaration, #9 Declaration of Kevin T. Foley, M.D., #10 Index of Foley Exhibit, #11 Exhibit 1 to Foley Declaration)(Trusso, Jennifer) (knb).
June 12, 2014 Opinion or Order Filing 83 ORDER Denying Alphatec Spine, Inc.'s #51 Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 6/12/2014. (knb)
June 12, 2014 Opinion or Order Filing 82 ORDER: (1) Striking Alphatec Spine, Inc.'s Motion for Reconsideration of the Order Construing Claims; and (2) Granting Leave to Re-File Motion for Reconsideration as a Motion for Summary Judgment (Docket No. #81 ). Alphatec is granted leave to re-file the motion as a motion for summary judgment within seven (7) days of the date this Order is filed. Signed by Judge Roger T. Benitez on 6/12/2014. (knb)
June 9, 2014 Filing 81 STRICKEN per #82 Order. MOTION for Reconsideration re #74 Order, by Alphatec Spine, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jennifer Trusso ISO Motion for Reconsideration, # 3 Index of Exhibits to Trusso Declaration ISO Motion for Reconsideration, # 4 Exhibit A to Trusso Declaration ISO Motion for Reconsideration, # 5 B to Trusso Declaration ISO Motion for Reconsideration, # 6 C to Trusso Declaration ISO Motion for Reconsideration, # 7 D to Trusso Declaration ISO Motion for Reconsideration, # 8 E to Trusso Declaration ISO Motion for Reconsideration, # 9 F to Trusso Declaration ISO Motion for Reconsideration)(Trusso, Jennifer) (knb). (Main Document 81 replaced on 6/12/2014) (knb).
June 9, 2014 Filing 80 NOTICE of Appearance by Andre De La Cruz on behalf of Alphatec Spine, Inc. (De La Cruz, Andre)Attorney Andre De La Cruz added to party Alphatec Spine, Inc.(pty:cc), Attorney Andre De La Cruz added to party Alphatec Spine, Inc.(pty:dft) (knb).
May 1, 2014 Filing 79 Minute Order for proceedings held before Judge Roger T. Benitez: Motion Hearing held on 5/1/2014. Submitting #51 MOTION for Summary Judgment filed by Alphatec Spine, Inc. Court to issue written Order. (Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Christopher Michael Clinton Lawless, Luke L. Dauchot).(Defendant Attorney Jennifer Trusso, Gray M. Buccigross). (no document attached) (gxr)
April 25, 2014 Opinion or Order Filing 78 ORDER Granting #77 Motion to Allow the Use of Electrical Equipment in the Courtroom. Signed by Judge Roger T. Benitez on 4/24/2014. (knb)
April 24, 2014 Filing 77 MOTION to Allow the Use of Electrical Equipment in the Courtroom by Samy Abdou, MD. (Lawless, Christopher) (knb).
April 16, 2014 Opinion or Order Filing 76 ORDER Granting #75 Motion to Allow the Use of Electrical Equipment in the Courtroom. Signed by Judge Roger T. Benitez on 4/16/2014. (knb)
April 11, 2014 Filing 75 MOTION to Allow the Use of Electrical Equipment in the Courtroom by Alphatec Spine, Inc.. (Trusso, Jennifer) (ag).
April 7, 2014 Opinion or Order Filing 74 ORDER: (1) Construing Claims; and (2) Setting Hearing on Motion for Summary Judgment. Motion Hearing set for 5/1/2014 09:30 AM in Courtroom 5A before Judge Roger T. Benitez as to #51 Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 4/7/2014.(knb)
March 25, 2014 Opinion or Order Filing 73 AMENDED ORDER Granting #71 Joint Motion to Amend Scheduling Order and Issuing Second Amended Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings. Mandatory Settlement Conference set for 9/9/2014 02:00 PM before Magistrate Judge Ruben B. Brooks. Memorandum of Contentions of Fact and Law due by 10/27/2014. Proposed Pretrial Order due by 11/10/2014. Final Pretrial Conference set for 11/17/2014 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Ruben B. Brooks on 3/18/2014.(knb)
March 17, 2014 Opinion or Order Filing 72 ORDER Granting #71 Joint Motion to Amend Scheduling Order and Issuing Second Amended Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings. Final Pretrial Conference set for 11/17/2014 10:30 AM before Judge Roger T. Benitez. Mandatory Settlement Conference set for 9/9/2014 02:00 PM before Magistrate Judge Ruben B. Brooks. Memorandum of Contentions of Fact and Law due by 10/27/2014. Proposed Pretrial Order due by 11/10/2014. Signed by Magistrate Judge Ruben B. Brooks on 3/13/2014. (knb) Modified to correct Judge Mandatory Settlement Conference set before on 3/18/2014 (knb).
March 11, 2014 Filing 71 Joint MOTION to Amend/Correct Scheduling Order by Samy Abdou, MD. (Lawless, Christopher) (knb).
March 10, 2014 Opinion or Order Filing 70 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Settlement Conference held on 3/10/2014. Mandatory Settlement Conference set for 9/9/2014 02:00 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 3/10/2014. (knb)
March 3, 2014 Filing 69 NOTICE of Lodgment by Alphatec Spine, Inc. re #49 Order (Trusso, Jennifer) (knb).
February 3, 2014 Filing 68 SUR-REPLY - re #51 MOTION for Summary Judgment of Invalidity filed by Samy Abdou, MD. (Lawless, Christopher) (knb).
January 31, 2014 Opinion or Order Filing 67 ORDER Granting in Part Dr. Abdou's #62 Ex Parte Motion for Leave to File a Sur-Reply in Further Opposition to Alphatec's Motion for Summary Judgment of Invalidity. Signed by Judge Roger T. Benitez on 1/30/2014. (knb)
January 30, 2014 Filing 66 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Claim Construction Hearing) held on 1/17/2014, before Judge Roger T. Benitez. Court Reporter/Transcriber: Deborah M. O'Connell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/20/2014. Redacted Transcript Deadline set for 3/3/2014. Release of Transcript Restriction set for 4/30/2014. (akr)
January 29, 2014 Opinion or Order Filing 65 ORDER Denying #58 Joint Motion for Leave to File Motions to Compel Regarding Discovery Disputes. Signed by Magistrate Judge Ruben B. Brooks on 1/29/2014. (knb)
January 17, 2014 Filing 64 Minute Entry for proceedings held before Judge Roger T. Benitez: Claims Contruction Hearing held on 1/17/2014. Court to re-schudule Motion Hearing for #51 MOTION for Summary Judgment. Court to issue written Order.(Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Christopher Michael Clinton Lawless, Luke L. Dauchot). (Defendant Attorney Jennifer Trusso, Gray M. Buccigross). (no document attached) (gxr)
January 16, 2014 Filing 63 RESPONSE in Opposition re #62 Ex Parte MOTION for Leave to File a Sur-Reply in Further Opposition to Alphatec's Motion for Summary Judgment of Invalidity filed by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
January 16, 2014 Filing 62 Ex Parte MOTION for Leave to File a Sur-Reply in Further Opposition to Alphatec's Motion for Summary Judgment of Invalidity by Samy Abdou, MD. (Attachments: #1 Declaration of Christopher Lawless, #2 Exhibit 17, #3 Exhibit 18)(Lawless, Christopher) (knb).
January 15, 2014 Opinion or Order Filing 61 ORDER Granting #60 Motion to Allow the Use of Electrical Equipment in the Courtroom. Signed by Judge Roger T. Benitez on 1/15/2014. (knb)
January 14, 2014 Filing 60 MOTION to Allow the Use of Electrical Equipment in the Courtroom by Samy Abdou, MD. (Lawless, Christopher) (knb).
January 10, 2014 Filing 59 REPLY to Response to Motion re #51 MOTION for Summary Judgment of Invalidity filed by Alphatec Spine, Inc. (Attachments: #1 Supplemental Declaration of Graham Buccigross in Support of Alphatec's Motion for Summary Judgment of Invalidity, #2 Exhibit 10 (Abdou Deposition), #3 Exhibit 11 (Lochner v Apple), #4 Exhibit 12 (Glossop Article), #5 Exhibit 13 (Sloan v Zurn), #6 Supplemental Declaration of Kevin Foley in Support of Alphatec's Motion for Summary Judgment of Invalidity, #7 Alphatec's Evidentiary Objections and Motion to Strike Declaration of Ali Moshirfar, M.D.)(Trusso, Jennifer) (knb).
January 7, 2014 Filing 58 Joint MOTION for Leave to File Motions to Compel Regarding Discovery Disputes by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
January 3, 2014 Filing 57 RESPONSE in Opposition re #51 MOTION for Summary Judgment of Invalidity filed by Samy Abdou, MD. (Attachments: #1 Response to Alphatec's Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration of Christopher M. Lawless, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Declaration of Ali Moshirfar)(Lawless, Christopher) (knb).
December 27, 2013 Opinion or Order Filing 56 ORDER granting #55 Joint Motion to amend scheduling order. Signed by Magistrate Judge Ruben B. Brooks on 12/26/13. (jpp) (jrl).
December 19, 2013 Filing 55 Joint MOTION to Amend/Correct Scheduling Order by Samy Abdou, MD. (Lawless, Christopher) (knb).
November 25, 2013 Opinion or Order Filing 54 ORDER granting #52 Motion to Allow the Use of Electrical Equipment in the Courtroom for the Claim Construction and Motion for Summary Judgment Hearing. Signed by Judge Roger T. Benitez on 11/25/13. (kaj)
November 15, 2013 Filing 53 NOTICE of Change of Hearing on #51 MOTION for Summary Judgment , and Claims Construction Hearing : Motion Hearing and Claims Construction Hearing is reset for 1/17/2014 09:00 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
November 14, 2013 Filing 52 MOTION to Allow the Use of Electrical Equipment in the Courtroom by Alphatec Spine, Inc. (Trusso, Jennifer) (knb).
November 4, 2013 Filing 51 MOTION for Summary Judgment by Alphatec Spine, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration of Buccigross, #4 Exhibit Index, #5 Exhibit 1 to Buccigross Declaration, #6 Exhibit 2 to Buccigross Declaration, #7 Exhibit 3 to Buccigross Declaration, #8 Exhibit 4 to Buccigross Declaration, #9 Exhibit 5 to Buccigross Declaration, #10 Exhibit 6 to Buccigross Declaration, #11 Exhibit 7 to Buccigross Declaration, #12 Exhibit 8 to Buccigross Declaration, #13 Exhibit 9 to Buccigross Declaration, #14 Declaration of Foley, #15 Exhibit Index, #16 Exhibit 1 to Foley Declaration)(Trusso, Jennifer)(knb).
October 21, 2013 Filing 50 NOTICE by Alphatec Spine, Inc. of Disassociation of Counsel - Ryan E. Lindsey (Trusso, Jennifer) (knb).
October 17, 2013 Opinion or Order Filing 49 ORDER Granting #48 Motion to Amend Scheduling Order and Issuing First Amended Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings. Final Pretrial Conference set for 10/6/2014 10:30 AM before Judge Roger T. Benitez. Settlement Conference set for 3/10/2014 01:30 PM before Magistrate Judge Ruben B. Brooks. Memorandum of Contentions of Fact and Law due by 9/8/2014. Proposed Pretrial Order due by 9/29/2014. Signed by Magistrate Judge Ruben B. Brooks on 10/16/2013. (knb)
October 15, 2013 Filing 48 Joint MOTION to Amend/Correct Scheduling Order by Samy Abdou, MD. (Lawless, Christopher) (knb).
September 18, 2013 Filing 47 NOTICE of Hearing: Claims Construction Hearing reset for 12/4/2013 09:00 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
September 13, 2013 Filing 46 MINUTE ORDER OF RECUSAL. Judge Irma E. Gonzalez is no longer assigned. Case reassigned to Judge Roger T. Benitez for all further proceedings. Pending hearings previously set before the original Judge have been vacated. The new case number is 12CV1804-BEN(RBB).(no document attached) (nsp)
September 13, 2013 Filing 45 Minute Entry for proceedings held before Judge Irma E. Gonzalez: Telephonic Conference held on 9/13/2013. Parties to contact Law Clerk by 9/13/13 to inform court to either go forward with the case or to reassign case to another Judge.(Court Reporter/ECR Frank Rangus). (Plaintiff Attorney Christopher Lawless). (Defendant Attorney Graham Buccigross). (no document attached) (tkl)
September 11, 2013 Filing 44 NOTICE of Hearing: Telephonic Conference re procedure - Claim Construction (Markman) Hearing set for 9/12/2013 02:30 PM in Courtroom 4D before Judge Irma E. Gonzalez.(no document attached) (tkl)
September 6, 2013 Opinion or Order Filing 43 ORDER Judge Irma E. Gonzalez, Claims Construction Hearing set for 9/20/13 at 2:000 pm is reset to 9/20/2013 01:00 PM in Courtroom 4D before Judge Irma E. Gonzalez(no document attached) (tkl)
July 11, 2013 Opinion or Order Filing 41 ORDER granting Plaintiff's #37 Motion to File Documents Under Seal. Exhibit 11 to the Declaration of Christopher Lawless in support of Pla's Responsive Claim Construction Brief to be filed under seal. Signed by Judge Irma E. Gonzalez on 7/11/2013. (cc: Seal Group) (jah)
July 8, 2013 Filing 40 RESPONSE TO CLAIM CONSTRUCTION BRIEF by Alphatec Spine, Inc.. (Attachments: #1 Declaration Supplemental Declaration of Gray Buccigross, #2 Exhibit Index, #3 Exhibit 11)(Trusso, Jennifer) (kaj).
July 8, 2013 Filing 39 RESPONSE TO CLAIM CONSTRUCTION BRIEF by Samy Abdou, MD. (Attachments: #1 Declaration Christopher M. Lawless, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11 (Filed Under Seal), #5 Exhibit 12, #6 Exhibit 13)(Lawless, Christopher)(kaj).
July 8, 2013 Filing 38 (Filed as Sealed Document 42 on 7/11/2013) SEALED LODGED Proposed Document re: #37 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Lawless, Christopher) (sjt). (Main Document 38 replaced on 7/12/2013) (sjt). Modified to add filing date of lodgement on 7/12/2013 (sjt).
July 8, 2013 Filing 37 MOTION to File Documents Under Seal (With attachments)(Lawless, Christopher) (sjt).
June 24, 2013 Filing 36 CLAIM CONSTRUCTION BRIEF by Alphatec Spine, Inc.. (Attachments: #1 Declaration of Gray Buccigross, #2 Exhibit Index, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Trusso, Jennifer). (jah).
June 24, 2013 Filing 35 CLAIM CONSTRUCTION BRIEF by Samy Abdou, MD. (Attachments: #1 Declaration Christopher M. Lawless, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Lawless, Christopher). (jah).
June 13, 2013 Opinion or Order Filing 34 ORDER denying #33 Joint Motion to Amend Scheduling Order. Claims Construction Hearing continued to 9/20/2013 02:00 PM in Courtroom 4D before Judge Irma E. Gonzalez. All other dates remain as set. Signed by Magistrate Judge Ruben B. Brooks on 6/13/2013. (jah) (jrl).
June 7, 2013 Filing 33 Joint MOTION to Amend Scheduling Order by Samy Abdou, MD. (Lawless, Christopher). Modified on 6/7/2013 - Edited text (jah).
May 13, 2013 Filing 32 JOINT CLAIM CONSTRUCTION CHART by Samy Abdou, MD. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lawless, Christopher). (jah).
May 13, 2013 Filing 31 NOTICE of Appearance by Graham Marc Buccigross on behalf of Alphatec Spine, Inc. (Buccigross, Graham). (jah).
May 8, 2013 Opinion or Order Filing 30 ORDER Continuing Claim Construction Hearing. Claims Construction Hearing set for 9/13/2013 is continued to 9/16/2013 09:00 AM in Courtroom 4D before Judge Irma E. Gonzalez. All other dates and deadlines per the #27 Scheduling Order remain unchanged and in effect. Signed by Judge Irma E. Gonzalez on 5/7/2013. (jah)
April 10, 2013 Opinion or Order Filing 29 MINUTE ORDER for proceedings held before Magistrate Judge Ruben B. Brooks: Telephonic, Attorneys-Only Settlement Conference was held on 4/10/2013. Settlement Conference set for 10/28/2013 01:30 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 4/10/2013. (Plaintiff Attorney: Christopher M.C. Lawless, Luke Dauchot). (Defendant Attorney: Jennifer Trusso). (jah)
February 14, 2013 Opinion or Order Filing 28 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Telephonic, Attorneys-Only Case Management Conference was held on 2/14/2013. Telephonic, Attorneys-Only Settlement Conference set for 4/10/2013 at 8:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks. (Plaintiff Attorney: Christopher M.C. Lawless). (Defendant Attorney: Jennifer Trusso). (jah)
February 14, 2013 Opinion or Order Filing 27 SCHEDULING ORDER: Case Management Conference was held on 2/14/2013. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by 6/17/2013. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 3/18/2014. Joint Claim Construction Chart, Worksheet and Hearing Statement shall be filed by 5/13/2013. Parties shall file opening briefs and any evidence supporting their claim construction by 6/24/2013. Parties shall file briefs responsive to opposing parties' opening briefs by 7/8/2013. Claims Construction Hearing set for 9/13/2013 09:00 AM before Judge Irma E. Gonzalez. Telephonic, Attorneys-Only Settlement Conference set for 4/10/2013 08:00 AM before Magistrate Judge Ruben B. Brooks. Memorandum of Contentions of Fact and Law due by 5/12/2014. Proposed Pretrial Order due by 6/2/2014. Final Pretrial Conference set for 6/9/2014 10:30 AM before Judge Irma E. Gonzalez. Signed by Magistrate Judge Ruben B. Brooks on 2/14/2013. (jah) (jrl).
January 25, 2013 Opinion or Order Filing 26 Order Following ENE. Early Neutral Evaluation Conference was held on 1/18/2013. Rule 26(f) conference shall be completed by 2/11/2013. No discovery plan is required. Telephonic, Attorneys-Only Case Management Conference set for 2/14/2013 8:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 1/23/2013. (jah) (jcj).
January 23, 2013 Opinion or Order Filing 25 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Early Neutral Evaluation Conference was held on 1/18/2013. Telephonic, Attorneys-Only Case Management Conference set for 2/14/2013 08:30 AM before Magistrate Judge Ruben B. Brooks. Pla shall serve Disclosure of Asserted Claims and Infringement Contentions on all parties by 2/1/2013. Dft shall serve Invalidity Contentions on all parties by 4/1/2013. Signed by Magistrate Judge Ruben B. Brooks on 1/18/2013. (Plaintiff Attorney: Christopher M.C. Lawless). (Defendant Attorney: Jennifer Trusso). (jah). Modified on 1/25/2013 - Added judge signature date. Regenerated NEF (jah).
November 29, 2012 Opinion or Order Filing 24 Notice of Document Discrepancies by Magistrate Judge Ruben B. Brooks Rejecting Document: Joint Discovery Plan from Samy Abdou, MD. Non-compliance with local rule(s), OTHER: Joint Discovery Plans are to be lodged, not filed. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1. Signed by Magistrate Judge Ruben B. Brooks on 11/28/2012.(sjt)
November 28, 2012 Opinion or Order Filing 23 ORDER Granting #20 Ex Parte Motion to Continue: Early Neutral Evaluation Conference set for 11/30/2012 is continued to 1/18/2013 at 10:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 11/28/2012. (rlu)
November 28, 2012 Opinion or Order Filing 22 ORDER Granting #18 Joint Motion for Entry of Protective Order - as Modified by the Court. Signed by Magistrate Judge Ruben B. Brooks on 11/28/2012. (rlu)
November 28, 2012 Filing 21 RESPONSE to Motion re #20 Ex Parte MOTION to Continue Early Neutral Evaluation Conference filed by Samy Abdou, MD. (Attachments: #1 Exhibit 1)(Lawless, Christopher) (rlu).
November 27, 2012 Filing 20 Ex Parte MOTION to Continue Early Neutral Evaluation Conference by Alphatec Spine, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Ebun Garner)(Trusso, Jennifer) (leh).
November 23, 2012 Filing 19 REPORT of Rule 26(f) Planning Meeting. (Lawless, Christopher) (srm).
November 23, 2012 Filing 18 Joint MOTION for Protective Order by Samy Abdou, MD. (Attachments: #1 Exhibit A)(Lawless, Christopher) (srm).
October 23, 2012 Opinion or Order Filing 17 ORDER granting #16 Joint Motion to Continue Early Neutral Evaluation Conference. Early Neutral Evaluation Conference is continued to 11/30/2012 10:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 10/23/2012. (jah)
October 23, 2012 Filing 16 Joint MOTION to Continue Early Neutral Evaluation Conference by Samy Abdou, MD. (Lawless, Christopher). Modified on 10/23/2012 - Corrected text from Ex Parte to Joint (jah).
October 23, 2012 Opinion or Order Filing 15 ORDER denying #14 Joint Motion to Continue Early Neutral Evaluation Conference. Signed by Magistrate Judge Ruben B. Brooks on 10/23/2012. (jah)
October 22, 2012 Filing 14 Joint MOTION to Continue Early Neutral Evaluation Conference by Samy Abdou, MD. (Lawless, Christopher). Modified on 10/23/2012 - Corrected text from Ex Parte to Joint (jah).
October 22, 2012 Filing 13 ANSWER to #9 Answer to Counterclaim by Samy Abdou, MD.(Lawless, Christopher). Modified on 10/23/2012 - Edited text (jah).
October 17, 2012 Opinion or Order Filing 12 ORDER denying as moot #8 Second Joint Motion for Extension of Time to Answer to the Complaint. Signed by Judge Irma E. Gonzalez on 10/17/2012. (jah)
October 4, 2012 Opinion or Order Filing 11 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 10/24/2012 10:00 AM in chambers before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 10/4/2012.(knb)
September 28, 2012 Filing 10 NOTICE of Party With Financial Interest by Alphatec Spine, Inc. (Trusso, Jennifer). (jah).
September 28, 2012 Filing 9 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Samy Abdou, MD by Alphatec Spine, Inc..(Trusso, Jennifer). Modified on 10/1/2012 - Pleading missing caption for Counterclaim. QC Email sent to Atty (jah).
September 20, 2012 Filing 8 Second Joint MOTION for Extension of Time to File Answer to Complaint by Alphatec Spine, Inc.. (Trusso, Jennifer). (jah).
September 20, 2012 Opinion or Order Filing 7 ORDER granting #6 Joint Motion for Extension of Time to Answer re #1 Complaint. Defendant Alphatec Spine, Inc. shall answer or move to dismiss by 9/21/2012. Signed by Judge Irma E. Gonzalez on 9/20/2012. (jah)
September 14, 2012 Filing 6 MOTION for Extension of Time to File Answer or Response to Complaint by Alphatec Spine, Inc.. (Lindsey, Ryan) qc mail sent re s/signature (kaj).
August 1, 2012 Filing 5 SUMMONS Returned Executed by Samy Abdou, MD. Alphatec Spine, Inc. served. (Lawless, Christopher). (jah).
July 27, 2012 Filing 4 Minute Order: Judge William Q. Hayes has declined assignment pursuant to General Order 598. Judge Irma E. Gonzalez has been randomly assigned. The new case number is 12cv1804-IEG(RBB) (no document attached) (tel)
July 23, 2012 Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (kcm) (cap).
July 23, 2012 Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *7,951,153*, *8,172,855* cc:USPTO (kcm) (cap).
July 23, 2012 Filing 1 COMPLAINT with Jury Demand against Alphatec Spine, Inc. (Filing fee $ 350 receipt number 0974-4969273) filed by Samy Abdou, MD. (Attachments: #1 Civil Case Cover Sheet, #2 Exhibit 1 - Patent, #3 Exhibit 2 - Patent)The new case number is 3:12-cv-1804-WQH-RBB. Judge William Q. Hayes and Magistrate Judge Ruben B. Brooks are assigned to the case. (Lawless, Christopher)(kcm) (cap).

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Search for this case: Abdou v. Alphatec Spine, Inc.
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Plaintiff: Samy Abdou, M.D.
Represented By: Luke L. Dauchot
Represented By: Christopher Michael Clinton Lawless
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Defendant: Alphatec Spine, Inc.
Represented By: Jennifer Trusso
Represented By: Ryan E Lindsey
Represented By: Andre De La Cruz
Represented By: Graham Marc Buccigross
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