Health Grades, Inc. v. MDX Medical, Inc.
Plaintiff: Health Grades, Inc.
Defendant: MDX Medical, Inc.
Counter_claimant: MDX Medical, Inc.
Counter_defendant: Health Grades, Inc.
Case Number: 1:2011cv00520
Filed: March 2, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: Boyd N. Boland
Presiding Judge: Philip A. Brimmer
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 0101
Jury Demanded By: Both
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Date Filed Document Text
April 6, 2015 Opinion or Order Filing 977 ORDER Regarding 975 Joint Motion to Vacate Order Nos. 711, 784 and Related Parts of 934 and Stipulation of Dismissal with Prejudice of the Lawsuit. The Court vacates the sanctions orders against MDx Medical, Inc.'s counsel (ECF Nos. 711 , [7 84], and related parts of 934 ). Subject to the terms of the parties' confidential Settlement Agreement, dismisses the above referenced matter, without prejudice, each party to bear its own costs and attorneys' fees. By Judge Raymond P. Moore on 04/06/2015. (athom, )
December 22, 2014 Opinion or Order Filing 969 ORDER denying without prejudice 961 Motion for Attorney Fees and Request for Certification. By Judge Raymond P. Moore on 12/22/2014.(tscha, )
November 20, 2014 Opinion or Order Filing 951 F.R.C.P 54(b)certification order. By Judge Raymond P. Moore on 11/20/2014.(tscha, )
November 13, 2014 Opinion or Order Filing 948 COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Motion Hearing held on 11/13/2014, taking under advisement 946 Stipulated Motion for (1) Certification of the Courts Non-Infringement Judgments as Final Judgments under Fed. R. Civ. P. 54(b) (Stipulated); and (2) a Stay of Issues Pending Appeal. The deadline for Defendant's responses to Health Grades, Inc.'s Motion to Amend Its Infringement Contentions to Incorporate Dr. Greenspun's Third Supplemental Expert Report 927 and Health Grades, Inc.'s Motion to Compel 928 is stayed pending the entry of the order on the Stipulated Motion. Court Reporter: Tammy Hoffschildt. (cpear)
November 4, 2014 Opinion or Order Filing 931 ORDER granting 490 MDx's motion for summary judgment of no infringement with regard to amended complaint and allegations relating to Aetna Life Insurance Company. By Judge Raymond P. Moore on 11/4/2014.(tscha, )
November 3, 2014 Opinion or Order Filing 924 ORDER by Magistrate Judge Boyd N. Boland on 11/3/14 re: Health Grades' Motion to Compel Access to MDx's Licensee Websites 843 and 845 . The Motion to Compel Access is GRANTED; and MDx shall provide Health Grades with access to its licensees' websites or provide screenshots, as requested in the Motion to Compel Access, on or before November 12, 2014. (bsimm, )
October 6, 2014 Opinion or Order Filing 899 ORDER by Magistrate Judge Boyd N. Boland on 10/6/14 re: MDx's Motion to File Response to Health Grade's Supplemental Filing 884 . IT IS ORDERED that the Motion to File Second Supplemental Response 884 is DENIED. (bsimm, )
September 8, 2014 Opinion or Order Filing 861 MINUTE ORDER granting 832 Motion for Leave to supplement, granting 834 Motion for Leave to Restrict, granting 851 Motion for Leave to Restrict. SEE ATTACHED. By Magistrate Judge Boyd N. Boland on 9/8/2014.(trlee, )
August 12, 2014 Opinion or Order Filing 827 MINUTE ORDER granting 825 Motion for Reconsideration. Motion Hearing is now set for 8/28/2014 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland on 8/12/2014.(trlee, )
July 15, 2014 Opinion or Order Filing 810 ORDER denying 371 Motion for Summary Judgment of No Willfulness, by Judge Raymond P. Moore on 7/15/2014.(trlee, )
June 26, 2014 Opinion or Order Filing 808 ORDER granting in part and denying in part 369 Motion for Partial Summary Judgment, as outlined in the attached order. By Judge Raymond P. Moore on 6/26/2014.(trlee, )
June 24, 2014 Opinion or Order Filing 807 MINUTE ORDER by Magistrate Judge Boyd N. Boland on 6/24/14. MDx's Unopposed Motion to Withdraw the Motion to Modify the Protective Order 805 is GRANTED. MDx's Motion to Modify The Protective Order 795 is DENIED as withdrawn.(bsimm)
April 30, 2014 Opinion or Order Filing 785 ORDER denying 694 Motion to Enforce Trial Subpoenas, by Magistrate Judge Boyd N. Boland on 4/30/2014.(trlee, )
February 13, 2014 Opinion or Order Filing 753 MINUTE ENTRY for Motion Hearing held on 2/13/2014 before Judge Raymond P. Moore. The Court takes under advisement 377 Motion for Partial Summary Judgment. Court Reporter: Tammy Hoffschildt. (rmcd)
January 21, 2014 Opinion or Order Filing 724 ORDER granting 718 Motion to Stay deadline. The deadline for Defendant MDX Medical, Inc. to file its objections under Fed. R. Civ. P. 72(a) to Magistrate Judge Boland's January 3, 2014 Order 711 is stayed until 10 business days after Magistrate Judge Boland rules on MDX Medical, Inc.'s motion for reconsideration 720 . by Judge Raymond P. Moore on 1/21/2014.(trlee, )
January 6, 2014 Opinion or Order Filing 712 ORDER Vacating the Jury Trial and the Trial Preparation Conference by Judge Raymond P. Moore on 1/6/14. (dkals, )
January 3, 2014 Opinion or Order Filing 711 ORDER granting 631 Motion for Sanctions as outlined in the attached order. by Magistrate Judge Boyd N. Boland on 1/3/2014.(trlee, )
January 2, 2014 Opinion or Order Filing 708 ORDER denying 568 Motion for Sanctions. by Magistrate Judge Boyd N. Boland on 1/2/2014.(trlee, )
December 19, 2013 Opinion or Order Filing 692 ORDER in re: 691 Motion Hearing, by Magistrate Judge Boyd N. Boland on 12/19/2013. (trlee, )
December 18, 2013 Opinion or Order Filing 689 MINUTE ENTRY for Daubert Hearing held on 12/18/2013 before Judge Raymond P. Moore. The Court denies in part 342 Motion to Exclude, denies 349 Motion to Exclude, and denies 374 Motion to Exclude. For further information, please see attached minutes. Court Reporter: Tammy Hoffschildt. (rmcd)
June 5, 2013 Opinion or Order Filing 600 ORDER: The Motion to Compel (Doc. # 575 ) is DENIED; and The Motion to Amend Pretrial Order (Doc. # 585 ) is GRANTED IN PART and DENIED IN PART as follows: GRANTED, without objection, to add as exhibits on the plaintiff's exhibit list Plt� 39;s Ex. Nos. 391, 392, 393, and 394; GRANTED to add Philip Braginsky as a plaintiff's witness whose testimony is expected to be presented by means of deposition and to add Mr. Braginsky as a defendant's witness who may be present at trial; and DENIED in all other respects. The issue of the FJC video may be addressed in connection with the parties' demonstrative exhibits. By Magistrate Judge Boyd N. Boland on 06/05/13. (alvsl)
April 25, 2013 Opinion or Order Filing 569 ORDER denying 424 / 425 MDx Medical, Inc.'s Motion for Sanctions Under Federal Rule of Civil Procedure 37 for Health Grades Repeated Efforts to Conceal Its Prior Art. By Magistrate Judge Boyd N. Boland on 4/25/13.(mnfsl, )
March 18, 2013 Opinion or Order Filing 553 ORDER Setting Case for Trial: a seven-day Jury Trial is set for 2/3/2014 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. A Trial Preparation Conference set for 1/17/2014 at 01:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 3/18/13. (dkals, )
February 13, 2013 Opinion or Order Filing 518 ORDER denying 516 Health Grades, Inc.'s Motion for Determination That the Deposition Testimony of Its Damages Expert Is Properly Designated Attorneys Eyes Only and Access Should Be Restricted and for Reconsideration of the Court's Order [Doc. # 484] as to the Deposition Testimony of Allen Dodge. by Magistrate Judge Boyd N. Boland on 2/13/13.(bnbcd, )
February 12, 2013 Opinion or Order Filing 514 MINUTE ORDER granting 512 Health Grades' Unopposed Motion to Amend. The Clerk of the Court is directed to accept for filing the Second Amended Complaint and Demand for Jury Trial [Doc. # 512-1]. By Magistrate Judge Boyd N. Boland on 2/12/13.(mnfsl, )
January 31, 2013 Opinion or Order Filing 505 ORDER : The proposed finalpretrial order was refused for the reasons stated on the record. A supplemental Final Pretrial Conference is set for 3/6/13, at 8:30 a.m., Courtroom A 401 before Magistrate Judge Boyd N. Boland, proposed Pretrial Order due by 3/1/2013 by Magistrate Judge Boyd N. Boland on 1/31/13. (bnbcd, )
January 15, 2013 Opinion or Order Filing 484 ORDER. MDx Medical, Inc.'s 310 Motion for a Determination That Nine MDx Licensing Agreements Are Subject to the Terms of the Protective Order in This Case as Properly Designated as Highly Confidential--Attorneys' Eyes Only is granted. M Dx Medical, Inc.'s 383 Motion for Leave to Restrict Access to Document Nos. 340-1, 340-2, 340-3, 340-4, 340-5, 340-6, 340-7, 340-8, and 340-9 is granted. Health Grades' 429 Motion for Determination That Materials Are Properly Designated Pursuant to the Terms of the Protective Order is denied. By Magistrate Judge Boyd N. Boland on 1/15/13.(mnfsl, )
January 14, 2013 Opinion or Order Filing 482 ORDER. Health Grades, Inc.'s 292 Motion for Leave to Amend Its Infringement Contentions to Incorporate Dr. Philip Greenspun's Expert Report is granted. MDx Medical, Inc.'s 293 , 298 Second Motion for Leave to Amend Invalidity Contentions is granted. By Magistrate Judge Boyd N. Boland on 1/14/13.(mnfsl, )
January 11, 2013 Opinion or Order Filing 480 ORDER granting Health Grades, Inc.'s 252 Motion for Leave to Amend Its Complaint to Assert Causes of Action for Joint Infringement and Indirect Infringement. The Clerk of the Court is directed to accept for filing the First Amended Complaint [Doc. # 252-1]. By Magistrate Judge Boyd N. Boland on 1/11/13.(mnfsl, )
January 10, 2013 Opinion or Order Filing 477 ORDER. The 215 Motion to Strike Invalidity Contention is denied. The 220 Motion to Preclude Advice-of-Counsel Defense is denied without prejudice. MDx may not rely on the letter of John P. Maldjian in support of its advice-of-counsel defense. MDx shall produce on or before 1/21/2013, Item Nos. 10-12 and 15-24 from its privilege log. MDx shall make Mr. Braginsky available for a deposition no later than 2/15/2013. The 307 Motion to Supplement is granted. The Clerk of the Court is directed to accept for filing MDx's Supplemental Submission [Doc. # 307-1]. By Magistrate Judge Boyd N. Boland on 1/10/13.(mnfsl, )
November 20, 2012 Opinion or Order Filing 399 MINUTE ORDER. Health Grades' 394 Withdrawal of its Motion for Determination that Materials are Properly Designated Pursuant to the Terms of the Protective Order [dkt. 347] is granted. Pursuant to the granting of the above motion, the 347 Motion for Determination that Materials are Properly Designated Pursuant to the Terms of the Protective Order is withdrawn and can be terminated. By Magistrate Judge Boyd N. Boland on 11/20/12.(mnfsl, )
October 25, 2012 Opinion or Order Filing 352 MINUTE ORDER: 344 MOTION to Amend 34 Scheduling Order To Specify Due Date for Motions to Exclude Expert Testimony, Or In the Alternative, For an Extension of Time to File Motions to Exclude Expert Testimony is GRANTED. Motion to exclude to be filed on or before 10/30/12. by Magistrate Judge Boyd N. Boland on 10/25/12.(bnbcd, )
October 4, 2012 Opinion or Order Filing 315 MINUTE ORDER granting defendant's 247 unopposed motion for leave to file a supplemental reply. By Judge Philip A. Brimmer on 10/4/12.(mnfsl, )
September 24, 2012 Opinion or Order Filing 304 ORDER. The 87 Recommendation of United States Magistrate Judge is accepted. Defendant's 62 motion to strike plaintiff's supplemental infringement contentions is granted and the request to amend contained within plaintiff's 71 response to that motion is disregarded. By Judge Philip A. Brimmer on 9/24/12.(mnfsl, )
September 20, 2012 Opinion or Order Filing 303 ORDER. Part 3 of 289 Order addressing the motions to restrict access is vacated. MDx Medical, Inc.'s 302 Supplemental Submission In Support of Its Motions to Restrict Access is granted. The following documents shall not be subject to re striction and shall be open to public access: Doc. ## 201, 201-17, 219-4, 219-5, 219-6, 219-11, 219-12, 219-13, 220-1, 220-2, 220-3, 220-5, 220-6, 220-7, 264, 264-1 282-1, and 282-2. Doc ## 201-15, 201-16, 249-1 and 253-2 are stricken and shall remain Restricted Level 1. The following documents shall be Restricted Level 1: Doc. ## 252, 253,253-4, and 253-5. By Magistrate Judge Boyd N. Boland on 9/20/12. (mnfsl, )
September 18, 2012 Opinion or Order Filing 300 MINUTE ORDER: 291 Plaintiff's Unopposed Motion for Leave to Exceed Page Limitations is GRANTED. 296 MDx Medical, Inc.'s Unopposed Motion for Leave to Exceed Page Limitations for Its Opposition to Health Grades, Inc.'s Motion for Leave to Amend Its Complaint to Assert Causes of Action for Joint Infringement and Indirect Infringement is GRANTED. by Magistrate Judge Boyd N. Boland on 9/18/12.(bnbcd, ) Modified on 9/18/2012 to add the word MINUTE (bnbcd, ).
September 11, 2012 Opinion or Order Filing 289 ORDER re: rulings from the bench at status conference held 9/11/12. by Magistrate Judge Boyd N. Boland on 9/11/12. (bnbcd, )
August 2, 2012 Opinion or Order Filing 274 MINUTE ORDER: 272 Unopposed Motion to Withdraw as Counsel of Record for Plaintiff Health Grades, Inc. is GRANTED. by Magistrate Judge Boyd N. Boland on 8/2/12.(bnbcd, )
July 30, 2012 Opinion or Order Filing 271 MINUTE ORDER granting in part and denying in part 267 Joint Stipulated Motion to Stay the case for 45 days to Allow for Mediation and to Extend the Current Case Dealines by 45 days. Motion to stay is DENIED. Motion to extend deadlines is granted. D iscovery due by 10/8/2012, Dispositive Motions due by 10/22/2012, Proposed Pretrial Order due by 1/3/2013. Final Pretrial Conference reset for 1/10/2013 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 7/30/12.(bnbcd, )
July 10, 2012 Opinion or Order Filing 251 MINUTE ORDER: 241 Joint and Agreed Motion to Amend Scheduling Order to Modify Deadlines and Reschedule the Pretrial Conference is GRANTED. Discovery due by 8/24/2012, Dispositive Motions due by 9/7/2012, Proposed Pretrial Order due by 11/8/2012, Final Pretrial Conference set for 11/15/2012 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 7/10/12.(bnbcd, )
June 19, 2012 Opinion or Order Filing 227 PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 6/19/12. (bnbcd, )
May 2, 2012 Opinion or Order Filing 194 ORDER denying 139 Motion for Reconsideration ; denying as moot 155 Motion for Leave to File Excess Pages; denying as moot 167 Motion for Leave to File Excess Pages by Judge Philip A. Brimmer on 5/2/12.(cmacd )
April 26, 2012 Opinion or Order Filing 192 ORDER: granting in part and denying in part 126 Motion to Compel; granting in part and denying in part 142 Motion to Strike ; granting 148 Motion for Leave; granting 152 Motion for Protective Order; granting 174 Motion to Compel; granting 179 Motion to Quash, by Magistrate Judge Boyd N. Boland on 4/26/12.(bnbcd, )
April 18, 2012 Opinion or Order Filing 181 MINUTE ORDER: granting 141 Motion for Leave to File Second Amended Answer.The Clerk of the Court is directed to accept for filing MDX Medical, Inc.s Second Amended Answer, Affirmative Defenses, Counterclaim and Demand for Jury Trial [Doc. # 141-1, by Magistrate Judge Boyd N. Boland on 4/18/12.(bnbcd, )
March 19, 2012 Opinion or Order Filing 162 MINUTE ORDER: granting 160 Motion to Amend/Correct/Modify Deadline. Discovery due by 7/27/2012. Dispositive Motions due by 8/3/2012. The parties shall designate all experts on or before June 29, 2012;The parties shall designate all rebuttal experts on or before July 16, 2012; Proposed Pretrial Order due by 10/3/2012. Final Pretrial Conference set for 10/10/2012 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 3/19/12.(bnbcd, )
February 13, 2012 Opinion or Order Filing 138 ORDER REGARDING CLAIM CONSTRUCTION. By Judge Philip A. Brimmer on 2/13/12. (mnfsl, )
February 1, 2012 Opinion or Order Filing 134 MINUTE ORDER: granting 132 Parties Joint and Agreed-to Motion to Modify Scheduling Order to Extend Fact Discovery Cut-Off, Expert Reports Deadlines, Expert Discovery Cut-Off and Dispositive Motions Deadline. Fact Discovery Cut-off: March 16, 201 2. Discovery due by 5/30/2012. Dispositive Motions due by 5/30/2012. The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before March 16, 2012 The parties shall desi gnate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 16, 2012. Proposed Pretrial Order due by 7/24/2012. Final Pretrial Conference reset for 7/31/2012 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 2/1/12.(bnbcd, )
January 25, 2012 Opinion or Order Filing 128 ORDER: granting in part and denying in part 97 MDx Medical, Inc.s Motion for Leave to Amend Invalidity Contentions, by Magistrate Judge Boyd N. Boland on 1/25/12.(bnbcd, )
December 28, 2011 Opinion or Order Filing 104 AMENDED ORDER: re: 65 MOTION to Compel Discovery and for an Award of Fees and Costs Pursuant to Rules 37(a)(3)(B) and 37(a)(5) of the Federal Rules of Civil Procedure filed by MDX Medical, Inc. The motion to compel is GRANTED IN PART and DENIED IN PART, by Magistrate Judge Boyd N. Boland on 12/28/11. (bnbcd, )
December 21, 2011 Opinion or Order Filing 96 ORDER: granting in part and denying in part 65 Motion to Compel. Health Grades shall make a supplemental discovery response on or before January 23, 2012, by Magistrate Judge Boyd N. Boland on 12/21/11.(bnbcd, )
December 12, 2011 Opinion or Order Filing 89 MINUTE ORDER: granting 73 Health Grades, Inc.s Motion for Leave to File Its Supplemental Response, by Magistrate Judge Boyd N. Boland on 12/12/11.(bnbcd, )
December 7, 2011 Opinion or Order Filing 83 ORDER: Denying Without Prejudice 9 Motion for Partial Summary Judgment.Denying as MOOT 38 Motion to Strike in Part Plaintiffs Sur-Reply. By Judge Philip A. Brimmer on 12/7/11.(pabcd)
December 2, 2011 Opinion or Order Filing 72 ORDER: granting 57 MDx Medical, Inc.s Motion Pursuant to Federal Rule of Civil Procedure 16(b)(4) to Modify Scheduling Order and Rule 15(a)(2) for Leave to Amend Answer, by Magistrate Judge Boyd N. Boland on 12/2/11.(bnbcd, )
May 9, 2011 Opinion or Order Filing 16 ORDER : Scheduling Conference set for 6/22/2011 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 5/9/11. (bnbcd, )
April 21, 2011 Opinion or Order Filing 10 ORDER SETTING A HEARING UNDER FED. R. CIV. 16. Rule 16 Hearing set for 6/15/2011 at 09:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 4/21/11. (mnf, )
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Search for this case: Health Grades, Inc. v. MDX Medical, Inc.
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Plaintiff: Health Grades, Inc.
Represented By: Kris John Kostolansky
Represented By: Jeffrey David Phipps
Represented By: Jesus Manuel Vazquez, Jr.
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Defendant: MDX Medical, Inc.
Represented By: Ramona L. Lampley
Represented By: David Chunyi Lee
Represented By: Marsha M. Piccone
Represented By: Mark Jon Rosenberg
Represented By: Scott David Stimpson
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Counter_claimant: MDX Medical, Inc.
Represented By: Ramona L. Lampley
Represented By: David Chunyi Lee
Represented By: Marsha M. Piccone
Represented By: Mark Jon Rosenberg
Represented By: Scott David Stimpson
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Counter_defendant: Health Grades, Inc.
Represented By: Kris John Kostolansky
Represented By: Jeffrey David Phipps
Represented By: Jesus Manuel Vazquez, Jr.
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