Hologic, Inc. et al v. Minerva Surgical, Inc.
Defendant: Minerva Surgical, Inc.
Counter Defendant: Hologic, Inc. and Cytyc Surgical Products, LLC
Case Number: 1:2015cv01031
Filed: November 6, 2015
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Joseph F Bataillon
Referring Judge: Sherry R Fallon
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2023 Opinion or Order Filing 674 Final Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. No. 6,872,183 ;U.S. No. 8,998,898 ;U.S. No. 9,095,348 ;9,247,989. (apk)
May 4, 2023 Opinion or Order Filing 673 STIPULATION AND ORDER regarding D.I. #672 . Signed by Judge Joseph F. Bataillon on 5/4/2023. (apk)
April 21, 2023 Opinion or Order Filing 672 STIPULATION of Dismissal by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
March 27, 2023 Opinion or Order Filing 671 MEMORANDUM ORDER: Plaintiffs' Motion to Review Taxation of Costs, D.I. #667 is granted in part as follows (1) Clerks Fees: $905.00 (2) Transcript costs: $17,146.26 (3) Deposition costs: $150,885.81 (4) Exemplification, printing, and copying costs: $67,063.82 (5) File wrapper costs: $396.50 (6) Witness fees: $320.00. For a total bill of $236,717.39 (PLEASE SEE ORDER FOR FURTHER DETAILS). Signed by Judge Joseph F. Bataillon on 03/24/2023. (apk)
February 28, 2023 Opinion or Order Filing 670 NOTICE of Change of Address by Ian Robert Liston (Liston, Ian)
February 10, 2023 Opinion or Order Filing 669 REPLY BRIEF re #667 MOTION to Review Taxation of Costs re #666 Costs Taxed filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
February 3, 2023 Opinion or Order Filing 668 ANSWERING BRIEF in Opposition re #667 MOTION to Review Taxation of Costs re #666 Costs Taxed filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 2/10/2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liston, Ian)
January 23, 2023 Opinion or Order Motions No Longer Referred: #667 MOTION to Review Taxation of Costs re #666 Costs Taxed (lih)
January 20, 2023 Opinion or Order Filing 667 MOTION to Review Taxation of Costs re #666 Costs Taxed - filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen) Modified on 1/23/2023 (lih).
January 13, 2023 Opinion or Order Filing 666 Clerk's Taxation of Costs GRANTED IN PART/DENIED IN PART. Granted in amount of $ 35,153.41 against Minerva Surgical, Inc. (Lohan, Randall)
December 21, 2022 Opinion or Order Filing 665 ORDER, IFIC to pay the full amount of the Bond ($7,420,507.00) to Plaintiffs according to the payment instructions provided to IFIC by no later than December 30, 2022, at 4:00 pm Eastern. Signed by Judge Joseph F. Bataillon on 12/21/2022. (apk)
December 21, 2022 Opinion or Order Filing 664 [SEALED] Official Transcript of Teleconference held on 12/21/2022 before Judge Joseph F. Bataillon. Court Reporter/Transcriber Brenda L. Fauber. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 1/11/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/21/2023. (apk)
December 21, 2022 Opinion or Order Filing 663 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding proposed Order regarding non-payment of judgement - re Telephone Conference,. (Attachments: #1 Text of Proposed Order)(Pascale, Karen)
December 21, 2022 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Telephone Conference held on 12/21/2022 regarding non-payment of judgment. Counsel to submit proposed order to chambers. Appearance for Plaintiff: Marc A. Cohn, Matthew M. Wolf, Assad Rajani, Karen L. Pascale; Appearance for Defendant: Ian Liston, Olivia Kim, Vera Elson; Appearance for IAT Insurance: Christopher M. Cullen. (Court Reporter Brenda Fauber.) (Brunswick, Amy)
December 16, 2022 Opinion or Order Filing 662 ORAL ORDER Setting Hearing: The telephone conference set for 12/20/22 is cancelled and rescheduled for 12/21/2022 at 10:00 AM (Central Standard Time) Telephonically before Judge Joseph F. Bataillon. Counsel will follow the call-in instructions sent to them by e-mail. Signed by Judge Joseph F. Bataillon on 12/16/22. (Brunswick, Amy)
December 16, 2022 Opinion or Order Filing 661 Letter to The Honorable Joseph F. Bataillon from Ian R. Liston regarding Response to Plaintiffs' Letter Regarding Emergency Status Conference - re #659 Letter, #660 Order,, Set Hearings,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liston, Ian)
December 16, 2022 Opinion or Order Filing 660 ORDER, A hearing via teleconference shall be held on December 20, 2022 at 10:00 AM Central. (A Telephone Conference is set for 12/20/2022 at 10:00 AM Telephonically before Judge Joseph F. Bataillon). Signed by Judge Joseph F. Bataillon on 12/16/2022. (apk)
December 15, 2022 Opinion or Order Filing 659 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding non-payment of judgment. (Attachments: #1 Exhibit 1 - 5)(Pascale, Karen)
December 6, 2022 Opinion or Order Filing 658 OBJECTIONS by Minerva Surgical, Inc. to #643 Objections, #657 Bill of Costs . (Liston, Ian)
December 1, 2022 Opinion or Order Filing 657 BILL OF COSTS by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
November 17, 2022 Opinion or Order Filing 656 MANDATE of USCA as to #625 Notice of Cross Appeal,, filed by Minerva Surgical, Inc., #622 Notice of Appeal (Federal Circuit) filed by Cytyc Surgical Products, LLC, Hologic, Inc. USCA Decision: Affirmed-In-Part, Vacated-In-Part, and Remanded. (Attachments: #1 Opinion, #2 Judgment)(smg)
November 10, 2022 Opinion or Order Filing 655 ORDER of USCA as to #622 Notice of Appeal (Federal Circuit) filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Decision of USCA: The petition for panel rehearing is denied. The petition for rehearing en banc is denied. The mandate of the court will issue November 17, 2022. (smg)
September 14, 2022 Opinion or Order Filing 654 ORDER, plaintiff's motion for an emergency status conference (D.I. #652 ) is denied as premature.(See Order for further details) Signed by Judge Joseph F. Bataillon on 09/14/2022. (smg)
August 24, 2022 Opinion or Order Filing 653 Letter to The Honorable Joseph F. Bataillon from Ian R. Liston regarding Opposing Hologic's Request for a Status Conference - re #652 Letter. (Attachments: #1 Exhibit A)(Liston, Ian)
August 22, 2022 Opinion or Order Filing 652 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding Request for Status Conference. (Attachments: #1 Exhibit 1 - 4)(Pascale, Karen)
March 31, 2022 Opinion or Order CASE NO LONGER REFERRED to Magistrate Judge Fallon for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (lih)
August 16, 2021 Opinion or Order Filing 651 USCA Order Reinstating Appeal as to #625 Notice of Cross Appeal, filed by Minerva Surgical, Inc. and #622 Notice of Appeal (Federal Circuit) filed by Cytyc Surgical Products, LLC and Hologic, Inc. The mandate of this court issued on July 29, 2020, is recalled, the appeal is reinstated, and this court's April 22, 2020 opinion and judgment are vacated. (nmg)
March 15, 2021 Opinion or Order Filing 650 USCA Letter from the U.S. Supreme Court requesting the entire record and briefs. (kmd)
November 11, 2020 Opinion or Order Filing 649 Letter to The Honorable Joseph F. Bataillon from Ian R. Liston on behalf of Defendants regarding D.I. 646 and Increased Bond Amount - re #646 Memorandum and Order,. (Attachments: #1 Exhibit A: Rider to Bond No. 0760497)(Liston, Ian)
September 30, 2020 Opinion or Order Filing 648 Supplemental Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Minerva Surgical, Inc.. (Liston, Ian)
August 28, 2020 Opinion or Order Filing 647 AMENDED FINAL JUDGMENT in favor of Cytyc Surgical Products, LLC and Hologic, Inc. against Minerva Surgical, Inc. (*see Order for further details). Signed by Judge Joseph F. Bataillon on 8/28/2020. (nmg)
August 28, 2020 Opinion or Order Filing 646 MEMORANDUM AND ORDER, Plaintiffs' motion for entry of amended final judgment is granted. A separate Amended Final Judgment will be entered. Any and all actions and proceedings to execute on the Court's Amended Final Judgment shall be STAYED pending the filing and resolution of a petition for a writ of certiorari to the Supreme Court or the expiration of the time in which to seek such relief. Signed by Judge Joseph F. Bataillon on 8/28/2020. (nmg)
August 26, 2020 Opinion or Order Filing 645 OPENING BRIEF in Support re #644 MOTION for Entry of Amended Final Judgment filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 9/9/2020. (Pascale, Karen)
August 26, 2020 Opinion or Order Filing 644 MOTION for Entry of Amended Final Judgment - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 [Proposed] Amended Final Judgment)Motions referred to Sherry R. Fallon.(Pascale, Karen)
August 26, 2020 Opinion or Order Filing 643 OBJECTIONS by Minerva Surgical, Inc. to #642 Declaration, #641 Bill of Costs . (Attachments: #1 Exhibit A, #2 Certificate of Service)(Liston, Ian)
August 26, 2020 Opinion or Order Motions No Longer Referred: #644 MOTION for Entry of Amended Final Judgment (Polito, Rebecca)
August 12, 2020 Opinion or Order Filing 642 DECLARATION of Marc A. Cohn re #641 Bill of Costs by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A - F)(Pascale, Karen) Modified on 8/20/2020 (lih).
August 12, 2020 Opinion or Order Filing 641 BILL OF COSTS by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1)(Pascale, Karen)
August 12, 2020 Opinion or Order Filing 640 Letter to The Honorable Joseph F. Bataillon from Defendant Minerva Surgical, Inc. regarding Stay - re #639 Letter, #637 Letter, #636 Letter. (Liston, Ian)
August 12, 2020 Opinion or Order Remark: Letter filed by defendant Minerva Surgical, Inc., previously listed as D.I. 640, deleted from docket per counsel's request. Corrected letter to be refiled. (amf)
August 6, 2020 Opinion or Order Filing 639 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding Stay - re #637 Letter. (Pascale, Karen)
August 5, 2020 Opinion or Order Filing 638 NOTICE OF SUBSTITUTION OF COUNSEL re Minerva Surgical, Inc.: Entry of appearance of attorney Ian Robert Liston. Attorney Benjamin J. Schladweiler terminated. (Liston, Ian)
August 5, 2020 Opinion or Order Filing 637 Letter to The Honorable Joseph F. Bataillon from Minerva Surgical, Inc. regarding Plaintiffs' letter dated August 5, 2020 regarding proposed Amended Final Judgment - re #636 Letter. (Liston, Ian)
August 5, 2020 Opinion or Order Filing 636 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding Hologic's proposed form of Amended Final Judgment - re #635 USCA Mandate,. (Attachments: #1 [Proposed] Amended Final Judgment)(Pascale, Karen)
July 29, 2020 Opinion or Order Filing 635 MANDATE of USCA as to #625 Notice of Cross Appeal, filed by Minerva Surgical, Inc., #622 Notice of Appeal (Federal Circuit), filed by Cytyc Surgical Products, LLC, Hologic, Inc. USCA Decision: Affirmed-in-Part, Vacated-in-Part, and Remanded. (Attachments: #1 Opinion, #2 Judgment)(kmd)
July 22, 2020 Opinion or Order Filing 634 ORDER of USCA. Decision of USCA: The petitions for panel rehearing are denied. The petitions for rehearing en banc are denied. (kmd)
October 11, 2019 Opinion or Order Filing 633 ORDER - re D.I. #627 MOTION to Stay Execution of Judgment and MOTION for Supersedeas Bond: Minerva's supersedeas bond in the amount of $7,094,974.42 is APPROVED; Minerva's motion for a stay of execution of the Court's Final Judgment, pending Hologic's appeal and Minerva's cross-appeal to the United States Court of Appeals for the Federal Circuit is GRANTED; and any and all actions and proceedings to execute on the Court's Final Judgment shall be STAYED pending final resolution of the appeal. Signed by Judge Joseph F. Bataillon on 10/11/2019. (amf)
July 26, 2019 Opinion or Order Filing 632 REDACTED VERSION of #629 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/30/2019 (lih).
July 26, 2019 Opinion or Order Filing 631 REDACTED VERSION of #628 Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/30/2019 (lih).
July 24, 2019 Opinion or Order Filing 630 REPLY BRIEF re #627 MOTION to Stay Execution of Judgment, MOTION for Supersedeas Bond filed by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A-F)(Schladweiler, Benjamin) Modified on 7/30/2019 (lih).
July 17, 2019 Opinion or Order Filing 629 [SEALED] DECLARATION of Marc A. Cohn re #628 Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 5)(Pascale, Karen) Modified on 7/18/2019 (lih).
July 17, 2019 Opinion or Order Filing 628 [SEALED] RESPONSE to Motion re #627 MOTION to Stay Execution of Judgment; MOTION for Supersedeas Bond filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/18/2019 (lih).
July 3, 2019 Opinion or Order Filing 627 MOTION to Stay Execution of Judgment, MOTION for Supersedeas Bond - filed by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A-C, #2 Text of Proposed Order).(Schladweiler, Benjamin) Modified on 7/3/2019 (lih).
July 3, 2019 Opinion or Order Motions No Longer Referred: #627 MOTION to Stay Execution of Judgment; MOTION for Supersedeas Bond. (lih)
July 2, 2019 Opinion or Order Filing 626 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #625 Notice of Cross Appeal filed by Minerva Surgical, Inc. USCA Case Number 19-2081. (nmg)
June 28, 2019 Opinion or Order Filing 625 NOTICE OF CROSS APPEAL to the Federal Circuit of #621 Judgment,,,, #227 Memorandum and Order, #407 Memorandum Opinion, #520 Judgment, #408 Order on Motion to Dismiss/Lack of Subject Jurisdiction,, Order on Motion for Partial Summary Judgment,, Order on Motion to Preclude,, Order on Motion for Summary Judgment,,,,,,,, Order on Motion to Strike,,,, Order on Motion to Bifurcate, #616 Memorandum and Order,,, . Cross Appeal filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
June 28, 2019 Opinion or Order Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re #625 Notice of Cross Appeal. (nmg)
June 28, 2019 Opinion or Order Notification regarding #625 Notice of Cross Appeal sent to Reporter Gunning (nmg)
June 28, 2019 Opinion or Order APPEAL - Credit Card Payment of $505.00 received re #625 Notice of Cross Appeal,, filed by Minerva Surgical, Inc.. ( Filing fee $505, receipt number 0311-2675485.) (Schladweiler, Benjamin)
June 28, 2019 Opinion or Order Notification regarding #625 Notice of Cross Appeal sent to Reporter Gaffigan (nmg)
June 21, 2019 Opinion or Order Filing 624 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #622 Notice of Appeal (Federal Circuit) filed by Cytyc Surgical Products, LLC, and Hologic, Inc. USCA Case Number 19-2054. (nmg)
June 19, 2019 Opinion or Order Filing 623 REDACTED VERSION of #618 Letter by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin) Modified on 6/20/2019 (lih).
June 18, 2019 Opinion or Order Notification regarding #622 Notice of Appeal (Federal Circuit) sent to Reporter Gunning (ceg)
June 18, 2019 Opinion or Order Notification regarding #622 Notice of Appeal (Federal Circuit) sent to Reporter Gaffigan (ceg)
June 18, 2019 Opinion or Order Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re #622 Notice of Appeal (Federal Circuit). (ceg)
June 17, 2019 Opinion or Order Filing 622 NOTICE OF APPEAL to the Federal Circuit of #621 Judgment. Appeal filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 6/18/2019 (lih).
June 17, 2019 Opinion or Order APPEAL - Credit Card Payment of $505.00 received re #622 Notice of Appeal (Federal Circuit) filed by Cytyc Surgical Products, LLC, Hologic, Inc.. ( Filing fee $505, receipt number 0311-2666588.) (Pascale, Karen)
June 3, 2019 Opinion or Order Filing 621 FINAL JUDGMENT: Judgment is entered in favor of plaintiffs/counterclaim defendants Hologic, Inc. and CYTYC Surgical Products, LLC, and against defendant/counterclaimant Minerva, Inc., on plaintiffs/counterclaim defendants claim for infringement of U. S. Patent No. 9,9095,348 in the amount of $4,787,668.23. Judgment is entered in favor of plaintiffs/counterclaim defendants Hologic, Inc. and CYTYC Surgical Products, LLC, and against defendant/counterclaimant Minerva, Inc., on plaintiffs/counterclaim defendants claim for infringement of U. S. Patent No. 9,9095,348 in the amount of $1,629,304.08. Judgment is entered in favor of plaintiffs/counterclaim defendants Hologic, Inc. and CYTYC Surgical Products, LLC, and against defendant/counterclaimant Minerva, Inc. on defendant/counterclaimant Minervas counterclaims. Defendant/counterclaimant Minerva's counterclaims are hereby dismissed (*see Order for further details)(*CASE CLOSED). Signed by Judge Joseph F. Bataillon on 5/31/2019. (ceg)
May 24, 2019 Opinion or Order Filing 620 [SEALED] Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding competing forms of proposed final judgment - re #618 Letter. (Attachments: #1 Exhibit 1 - 2)(Pascale, Karen)
May 22, 2019 Opinion or Order Filing 619 Minerva's Proposed Final Judgment re #618 Letter by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 5/23/2019 (lih).
May 22, 2019 Opinion or Order Filing 618 [SEALED] Letter to The Honorable Joseph F. Bataillon from Benjamin J. Schladweiler regarding Minervas Proposed Final Judgment - re #616 Memorandum Order. (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin) Modified on 5/23/2019 (lih).
May 14, 2019 Opinion or Order Filing 617 PROPOSED Final Judgment re #616 Memorandum Order by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Letter)(Pascale, Karen) Modified on 5/15/2019 (lih).
May 2, 2019 Opinion or Order Filing 616 MEMORANDUM AND ORDER: Defendant's renewed motion for judgment as a matter of law (D.I. #521 ) is DENIED. Defendant's motion for a new trial (D.I. #523 ) is DENIED. Defendant's motion for an injunction under the Deceptive Trade Practices Act (D.I. #525 ) is DENIED. Plaintiffs' motion for attorney fees (D.I. #528 ) is DENIED. Plaintiffs' motion for enhanced damages (D.I. #530 ) is DENIED. Plaintiffs' motion (D.I. #532 ) for a permanent injunction and accounting is DENIED as moot. Plaintiffs' motion for an accounting, supplemental damages, ongoing royalties, prejudgment interest, and post-judgment interest (D.I. #534 ) is GRANTED in part and DENIED in part as set forth in this order. The parties shall each submit a proposed final judgment to the Court within three weeks of the date of this order (*see Order for details). Signed by Judge Joseph F. Bataillon on 5/1/2019. (ceg)
April 23, 2019 Opinion or Order Filing 615 STATEMENT re #614 Notice of Subsequent Facts by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 4/24/2019 (lih).
April 22, 2019 Opinion or Order Filing 614 NOTICE of the Federal Circuit's April 19, 2019 Decision Affirming the Invalidity of All Claims of Hologic's '183 Patent by Minerva Surgical, Inc. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin)
March 29, 2019 Opinion or Order Filing 613 REDACTED VERSION re #605 [SEALED] MEMORANDUM ORDER by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 3/29/2019 (lih).
March 29, 2019 Opinion or Order CORRECTING ENTRY: The text of D.I. #613 has been modified to link the filing to the appropriate docket entry. (lih)
March 25, 2019 Opinion or Order Filing 612 Response re #609 Notice of Subsequent Authority by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 3/27/2019 (lih).
March 25, 2019 Opinion or Order Filing 611 REDACTED VERSION of #607 Declaration by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 3/27/2019 (lih).
March 25, 2019 Opinion or Order Filing 610 REDACTED VERSION of #606 MOTION to Redact Portions of the March 7, 2019 Order by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin)
March 25, 2019 Opinion or Order Remark - Exhibit A to D.I. #606 has been replaced with a corrected version of the document per the request of counsel. (Polito, Rebecca)
March 25, 2019 Opinion or Order SO ORDERED- re #606 MOTION to Redact Portions of the March 7, 2019 Order. Based on the record support in the submissions at D.I. #606 and D.I. #607 , the court finds good cause exists to believe that disclosure of the limited redacted information as to Defendant's product costs would work a "clearly defined and serious injury" to Minerva and hereby grants the unopposed Motion. See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994). Signed by Judge Sherry R. Fallon on 3/25/2019. (Polito, Rebecca) Modified on 3/27/2019 (lih).
March 22, 2019 Opinion or Order Filing 609 NOTICE of Subsequent Authority by Minerva Surgical, Inc. re #550 MOTION for Enhanced Damages (Attachments: #1 Exhibit A)(Schladweiler, Benjamin) Modified on 3/22/2019 (lih).
March 22, 2019 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #606 and #607 . (lih)
March 18, 2019 Opinion or Order NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #606 and #607 . (lih)
March 14, 2019 Opinion or Order Filing 608 Letter to The Honorable Sherry R. Fallon regarding no opposition re #606 MOTION to Redact. (Pascale, Karen) Modified on 3/15/2019 (lih).
March 14, 2019 Opinion or Order Filing 607 [SEALED] DECLARATION of Dominique Filloux re #606 MOTION to Redact by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 3/15/2019 (lih).
March 14, 2019 Opinion or Order Filing 606 [SEALED] MOTION to Redact [re] [SEALED] MEMORANDUM ORDER - filed by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A)Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 3/15/2019 (lih). (Attachment 1 replaced on 3/25/2019) (Polito, Rebecca).
March 7, 2019 Opinion or Order Filing 605 [SEALED] MEMORANDUM ORDER- granting-in-part #582 MOTION for Costs. Signed by Judge Sherry R. Fallon on 3/7/2019.This order has been emailed to local counsel. (lih)
February 26, 2019 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Oral Argument held on 2/26/2019 re #525 MOTION for Permanent Injunction under Delaware's Deceptive Trade Practices Act filed by Minerva Surgical, Inc., #523 MOTION for New Trial for Lanham Act and Breach of Contract filed by Minerva Surgical, Inc., #521 MOTION for Judgment as a Matter of Law of No Patent Damages or in the Alternative, Motion for a New Trial for Reasonable Royalty (Renewed) filed by Minerva Surgical, Inc., #528 MOTION for Attorney Fees and Related Nontaxable Costs filed by Cytyc Surgical Products, LLC, Hologic, Inc., #530 MOTION for Enhanced Damages filed by Cytyc Surgical Products, LLC, Hologic, Inc., #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest filed by Cytyc Surgical Products, LLC, Hologic, Inc., #532 MOTION for Permanent Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc. Matter taken under advisement. Written order forthcoming. (Court Reporter Lisa Grimminger.) (Lawrence, Tiwauna)
February 22, 2019 Opinion or Order Filing 604 STATEMENT re #599 Notice of Subsequent Authority by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin) Modified on 2/22/2019 (lih).
February 22, 2019 Opinion or Order Filing 603 STATEMENT re #600 Notice of Subsequent Facts Relevant to Certain Post-Trial Motions (D.I. 532 and D.I. 534) by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/22/2019 (lih).
February 20, 2019 Opinion or Order Filing 602 [SEALED] DECLARATION of Marc A. Cohn re #600 Notice by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 49, #2 Exhibit 50, #3 Exhibit 51, #4 Exhibit 52 - 60)(Pascale, Karen) Modified on 2/21/2019 (lih).
February 20, 2019 Opinion or Order Filing 601 [SEALED] Supplemental DECLARATION of Christopher C. Barry re #536 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Schedules F - I)(Pascale, Karen) Modified on 2/21/2019 (lih).
February 20, 2019 Opinion or Order Filing 600 NOTICE of Subsequent Facts Relevant to Certain Post-Trial Motions by Cytyc Surgical Products, LLC, Hologic, Inc. re #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest , #532 MOTION for Permanent Injunction (Pascale, Karen)
February 20, 2019 Opinion or Order Filing 599 NOTICE of Subsequent Authority by Cytyc Surgical Products, LLC, Hologic, Inc. re #532 MOTION for Permanent Injunction (Attachments: #1 Exhibit A)(Pascale, Karen)
January 25, 2019 Opinion or Order Filing 598 REDACTED VERSION of #595 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A (RIE), #2 Exhibit B (RIE), #3 Exhibit C)(Schladweiler, Benjamin) Modified on 1/30/2019 (lih).
January 25, 2019 Opinion or Order Filing 597 REDACTED VERSION of #594 Declaration by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/30/2019 (lih).
January 25, 2019 Opinion or Order Filing 596 REDACTED VERSION of #593 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 18, 2019 Opinion or Order Filing 595 [SEALED] DECLARATION of Olivia M. Kim re #593 Reply Brief by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schladweiler, Benjamin) Modified on 1/22/2019 (lih).
January 18, 2019 Opinion or Order Filing 594 [SEALED] DECLARATION of Dominique Filloux re #593 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/22/2019 (lih).
January 18, 2019 Opinion or Order Filing 593 [SEALED] REPLY BRIEF re #582 MOTION for Costs filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 18, 2019 Opinion or Order Filing 592 REDACTED VERSION of #589 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 9)(Pascale, Karen) Modified on 1/18/2019 (lih).
January 18, 2019 Opinion or Order Filing 591 REDACTED VERSION of #588 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/18/2019 (lih).
January 18, 2019 Opinion or Order Filing 590 REDACTED VERSION of #587 Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
January 11, 2019 Opinion or Order Filing 589 [SEALED] DECLARATION of Assad H. Rajani re #587 Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 9)(Pascale, Karen) Modified on 1/11/2019 (lih).
January 11, 2019 Opinion or Order Filing 588 [SEALED] DECLARATION of Karl R. Leinsing re #587 Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/11/2019 (lih).
January 11, 2019 Opinion or Order Filing 587 [SEALED] RESPONSE to Motion re #582 MOTION for Costs filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
January 8, 2019 Opinion or Order Filing 586 ORDER: The Court finds the motions requesting oral argument (D.I. #574 and #575 ) be granted. Accordingly, IT IS ORDERED that a hearing on pending post-trial motions (D.I. #521 , #523 , #525 , #528 , #530 , #532 , and #534 ) is set for February 26, 2019 at 9:00 a.m., in Courtroom No. 3, Roman Hruska Federal Courthouse, 111 S. 18th Plaza, Omaha, Nebraska, 68102. Signed by Judge Joseph F. Bataillon on 1/7/2019. (ceg)
January 8, 2019 Opinion or Order NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #582 and #583 . (lih)
January 3, 2019 Opinion or Order SO ORDERED- re #585 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #582 MOTION for Costs. (Answering Brief due 1/11/2019.) Signed by Judge Sherry R. Fallon on 1/3/2019. (lih)
December 31, 2018 Opinion or Order Filing 585 STIPULATION TO EXTEND TIME and Order for Hologic to Respond to Minerva's Application for Costs to January 11, 2019 - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 26, 2018 Opinion or Order Filing 584 REDACTED VERSION of #583 Declaration by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 12/27/2018 (lih).
December 21, 2018 Opinion or Order Filing 583 [SEALED] DECLARATION of Dominique Filloux re #582 MOTION for Costs by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 12/27/2018 (lih).
December 21, 2018 Opinion or Order Filing 582 MOTION for Costs - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
November 5, 2018 Opinion or Order Filing 581 Response re #573 Notice of Subsequent Fact by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 11/5/2018 (lih).
November 5, 2018 Opinion or Order Filing 580 REDACTED VERSION of #570 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 11/5/2018 (lih).
November 5, 2018 Opinion or Order Filing 579 REDACTED VERSION of #569 POST Trial Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 11/5/2018 (lih).
November 5, 2018 Opinion or Order Filing 578 REDACTED VERSION of #567 POST Trial Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 11/5/2018 (lih).
November 5, 2018 Opinion or Order Filing 577 REDACTED VERSION of #566 POST Trial Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 11/5/2018 (lih).
November 2, 2018 Opinion or Order Filing 576 REDACTED VERSION of #563 Reply Brief, by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
November 1, 2018 Opinion or Order Filing 575 REQUEST for Oral Argument by Cytyc Surgical Products, LLC, Hologic, Inc. re #528 MOTION for Attorney Fees and Related Nontaxable Costs, #530 MOTION for Enhanced Damages, #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest, #532 MOTION for Permanent Injunction. (Pascale, Karen) Modified on 11/2/2018 (lih).
November 1, 2018 Opinion or Order Filing 574 REQUEST for Oral Argument by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
October 30, 2018 Opinion or Order Filing 573 NOTICE of Subsequent Fact by Cytyc Surgical Products, LLC, Hologic, Inc. re #532 MOTION for Permanent Injunction (Attachments: #1 Exhibit A, #2 Exhibit B)(Pascale, Karen)
October 29, 2018 Opinion or Order Filing 572 MULTI MEDIA DOCUMENT filed by Cytyc Surgical Products, LLC, Hologic, Inc. in the form of a CD Rom. Filing related to #571 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (lih)
October 26, 2018 Opinion or Order Filing 571 NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 47 to the Declaration of Marc A. Cohn in Support of Plaintiffs' Reply Briefs in Support of Their Post-Trial Motions. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Karen L. Pascale on behalf of Cytyc Surgical Products, LLC, Hologic, Inc. (Pascale, Karen)
October 26, 2018 Opinion or Order Filing 570 [SEALED] DECLARATION of Marc A. Cohn re #566 POST Trial Brief, #569 POST Trial Brief, #568 POST Trial Brief, #567 POST Trial Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 47, #2 Exhibit 48)(Pascale, Karen) Modified on 10/29/2018 (lih).
October 26, 2018 Opinion or Order Filing 569 [SEALED] POST TRIAL Reply Brief In Support Of Their Motion For Attorneys Fees and Related Nontaxable Costs by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 10/29/2018 (lih).
October 26, 2018 Opinion or Order Filing 568 POST TRIAL BRIEF Reply Brief In Support Of Their Motion For Enhanced Damages by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 10/29/2018 (lih).
October 26, 2018 Opinion or Order Filing 567 [SEALED] POST TRIAL Reply Brief In Support Of Their Motion For Permanent Injunction by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 10/29/2018 (lih).
October 26, 2018 Opinion or Order Filing 566 [SEALED] POST TRIAL Reply Brief In Support Of Their Motion For An Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 10/29/2018 (lih).
October 26, 2018 Opinion or Order Filing 565 REPLY BRIEF re #525 MOTION for Permanent Injunction under Delaware's Deceptive Trade Practices Act filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 10/29/2018 (lih).
October 26, 2018 Opinion or Order Filing 564 REPLY BRIEF re #523 MOTION for New Trial for Lanham Act and Breach of Contract filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 10/29/2018 (lih).
October 26, 2018 Opinion or Order Filing 563 [SEALED] REPLY BRIEF re #521 MOTION for Judgment as a Matter of Law of No Patent Damages or in the Alternative, Motion for a New Trial for Reasonable Royalty filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 10/29/2018 (lih).
October 12, 2018 Opinion or Order Filing 562 REDACTED VERSION of #551 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibits J-V)(Schladweiler, Benjamin) Modified on 10/15/2018 (lih).
October 12, 2018 Opinion or Order Filing 561 REDACTED VERSION of #550 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
October 12, 2018 Opinion or Order Filing 560 REDACTED VERSION of #549 Answering Brief in Opposition, by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
October 12, 2018 Opinion or Order Filing 559 REDACTED VERSION of #548 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
October 12, 2018 Opinion or Order Filing 558 REDACTED VERSION of #547 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
October 8, 2018 Opinion or Order Filing 557 REDACTED VERSION of #555 Answering Brief in Opposition, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
October 8, 2018 Opinion or Order Filing 556 REDACTED VERSION of #553 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 10/9/2018 (lih).
October 5, 2018 Opinion or Order Filing 555 [SEALED] ANSWERING BRIEF in Opposition re #521 Renewed MOTION for Judgment as a Matter of Law of No Patent Damages or in the Alternative, Motion for a New Trial for Reasonable Royalty filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 10/12/2018. (Pascale, Karen) Modified on 10/9/2018 (lih).
October 5, 2018 Opinion or Order Filing 554 ANSWERING BRIEF in Opposition re #523 MOTION for New Trial for Lanham Act and Breach of Contract filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 10/12/2018. (Pascale, Karen) Modified on 10/9/2018 (lih).
October 5, 2018 Opinion or Order Filing 553 [SEALED] DECLARATION of Marc A. Cohn re #552 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 43 [SEALED], #2 Exhibit 44, #3 Exhibit 45, #4 Exhibit 46)(Pascale, Karen) Modified on 10/9/2018 (lih).
October 5, 2018 Opinion or Order Filing 552 ANSWERING BRIEF in Opposition re #525 MOTION for Permanent Injunction under Delaware's Deceptive Trade Practices Act filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 10/12/2018. (Pascale, Karen) Modified on 10/9/2018 (lih).
October 5, 2018 Opinion or Order Filing 551 [SEALED] DECLARATION of Olivia M. Kim re #547 Answering Brief in Opposition, #549 Answering Brief in Opposition, #548 Answering Brief in Opposition, #550 Answering Brief in Opposition by Minerva Surgical, Inc.. (Attachments: #1 Exhibits J-V)(Schladweiler, Benjamin) Modified on 10/9/2018 (lih).
October 5, 2018 Opinion or Order Filing 550 [SEALED] ANSWERING BRIEF in Opposition re #530 MOTION for Enhanced Damages filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 10/12/2018. (Schladweiler, Benjamin)
October 5, 2018 Opinion or Order Filing 549 [SEALED] ANSWERING BRIEF in Opposition re #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 10/12/2018. (Schladweiler, Benjamin)
October 5, 2018 Opinion or Order Filing 548 [SEALED] ANSWERING BRIEF in Opposition re #528 MOTION for Attorney Fees and Related Nontaxable Costs filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 10/12/2018. (Schladweiler, Benjamin) Modified on 10/9/2018 (lih).
October 5, 2018 Opinion or Order Filing 547 [SEALED] ANSWERING BRIEF in Opposition re #532 MOTION for Permanent Injunction filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 10/12/2018. (Schladweiler, Benjamin)
September 21, 2018 Opinion or Order Filing 546 REDACTED VERSION of #527 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibits A-I)(Schladweiler, Benjamin) Modified on 9/21/2018 (lih).
September 17, 2018 Opinion or Order Filing 545 REDACTED VERSION of #537 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 9/19/2018 (lih).
September 17, 2018 Opinion or Order Filing 544 REDACTED VERSION of #536 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 9/19/2018 (lih).
September 17, 2018 Opinion or Order Filing 543 REDACTED VERSION of #535 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 9/19/2018 (lih).
September 17, 2018 Opinion or Order Filing 542 REDACTED VERSION of #533 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 9/19/2018 (lih).
September 17, 2018 Opinion or Order Filing 541 REDACTED VERSION of #531 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 9/19/2018 (lih).
September 17, 2018 Opinion or Order Filing 540 REDACTED VERSION of #529 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 9/19/2018 (lih).
September 14, 2018 Opinion or Order Filing 539 REDACTED VERSION of #526 Opening Brief in Support, by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
September 12, 2018 Opinion or Order Pro Hac Vice Attorney Robert N. Hochman for Minerva Surgical, 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. (ceg)
September 11, 2018 Opinion or Order Filing 538 MOTION for Pro Hac Vice Appearance of Attorney Robert N. Hochman - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
September 11, 2018 Opinion or Order Motions No Longer Referred: #530 MOTION for Enhanced Damages, #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest, #528 MOTION for Attorney Fees. (lih)
September 11, 2018 Opinion or Order SO ORDERED- re #538 MOTION for Pro Hac Vice Appearance of Attorney Robert N. Hochman. Signed by Judge Sherry R. Fallon on 9/11/2018. (lih)
September 7, 2018 Opinion or Order Filing 537 [SEALED] DECLARATION of Marc A. Cohn re #531 Opening Brief in Support, #528 MOTION for Attorney Fees and Related Nontaxable Costs, #535 Opening Brief in Support, #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest, #533 Opening Brief in Support, #532 MOTION for Permanent Injunction, #529 Opening Brief in Support, #530 MOTION for Enhanced Damages by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1-9, #2 Exhibit 10, #3 Exhibit 11, Part 1, #4 Exhibit 11, Part 2, #5 Exhibit 12-17, #6 Exhibit 18, #7 Exhibit 19-42)(Pascale, Karen) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 536 [SEALED] DECLARATION of Christopher C. Barry re #531 Opening Brief in Support, #528 MOTION for Attorney Fees and Related Nontaxable Costs, #529 Opening Brief in Support, #530 MOTION for Enhanced Damages, #535 Opening Brief in Support, #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest , #533 Opening Brief in Support, #532 MOTION for Permanent Injunction by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 535 [SEALED] OPENING BRIEF in Support re #534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 9/21/2018. (Pascale, Karen)
September 7, 2018 Opinion or Order Filing 534 MOTION for an Accounting, Supplemental Damages, Ongoing Royalties, Pre-Judgment Interest, and Post-Judgment Interest - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Pascale, Karen)
September 7, 2018 Opinion or Order Filing 533 [SEALED] OPENING BRIEF in Support re #532 MOTION for Permanent Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 9/21/2018. (Pascale, Karen)
September 7, 2018 Opinion or Order Filing 532 MOTION for Permanent Injunction - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)(Pascale, Karen)
September 7, 2018 Opinion or Order Filing 531 [SEALED] OPENING BRIEF in Support re #530 MOTION for Enhanced Damages filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 9/21/2018. (Pascale, Karen)
September 7, 2018 Opinion or Order Filing 530 MOTION for Enhanced Damages - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 3/22/2019 (lih).
September 7, 2018 Opinion or Order Filing 529 [SEALED] OPENING BRIEF in Support re #528 MOTION for Attorney Fees and Related Nontaxable Costs filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 9/21/2018. (Pascale, Karen) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 528 MOTION for Attorney Fees and Related Nontaxable Costs - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 527 [SEALED] DECLARATION of Olivia M. Kim in Support of Defendant Minerva Surgical, Inc.'s Post-Trial Motions by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A-I)(Schladweiler, Benjamin) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 526 [SEALED] OPENING BRIEF in Support re #525 MOTION for Permanent Injunction under Delaware's Deceptive Trade Practices Act filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 9/21/2018. (Schladweiler, Benjamin) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 525 MOTION for Permanent Injunction under Delaware's Deceptive Trade Practices Act - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order)(Schladweiler, Benjamin) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 524 OPENING BRIEF in Support re #523 MOTION for New Trial for Lanham Act and Breach of Contract filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 9/21/2018. (Schladweiler, Benjamin) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 523 MOTION for New Trial for Lanham Act and Breach of Contract - filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 522 OPENING BRIEF in Support re #521 MOTION for Judgment as a Matter of Law of No Patent Damages or in the Alternative, Motion for a New Trial for Reasonable Royalty filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 9/21/2018. (Schladweiler, Benjamin) Modified on 9/10/2018 (lih).
September 7, 2018 Opinion or Order Filing 521 Renewed MOTION for Judgment as a Matter of Law of No Patent Damages or in the Alternative, Motion for a New Trial for Reasonable Royalty - filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 9/10/2018 (lih).
August 13, 2018 Opinion or Order Filing 520 JUDGMENT FOLLOWING JURY VERDICT: IT IS HEREBY ORDERED AND ADJUDGED that judgment be and is hereby entered on the July 27, 2018 verdict as set forth in the attached verdict form and on the June 28, 2018 Order (D.I. #408 ). IT IS FURTHER NOTED that this Judgment Following Jury Verdict is subject to revision pursuant to any rulings on post-trial motions. Signed by Judge Joseph F. Bataillon on 8/13/2018. (nmf)
August 13, 2018 Opinion or Order Filing 519 ORDER: 1. The parties shall file any post-trial motions and opening briefs, including motions under Federal Rules of Civil Procedure 50 or 59, motions for a permanent injunction, motions for attorneys' fees, and motions for accounting and interest, by September 7, 2018 at 8 PM Eastern Time. 2. The parties shall file answering briefs in opposition to any motion filed by the opposing party by October 5, 2018 at 8 PM Eastern Time. 3. The parties shall file reply briefs in support of any motion by October 26, 2018 at 8PM Eastern Time. Signed by Judge Joseph F. Bataillon on 8/13/2018. (nmf)
August 10, 2018 Opinion or Order Filing 518 STIPULATION and Order re: Post-Trial Motions and Briefing re 506 Oral Order, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
August 10, 2018 Opinion or Order Filing 517 PROPOSED ORDER Judgment Following Jury Verdict re 506 Oral Order, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1)(Pascale, Karen)
August 8, 2018 Opinion or Order Filing 516 Official Transcript of jury trial held on July 27, 2018 before Judge Fallon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 515 Official Transcript of jury trial held on July 26, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 514 Official Transcript of jury trial held on July 25, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 513 Official Transcript of jury trial held on July 18, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 512 Official Transcript of jury trial held on July 24, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 511 Official Transcript of jury trial held on July 23, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 510 Official Transcript of jury trial held on July 20, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 509 Official Transcript of jury trial held on July 19, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 508 Official Transcript of jury trial held on July 17, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 8, 2018 Opinion or Order Filing 507 Official Transcript of jury trial held on July 16, 2018 before Judge Bataillon. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (vjg)
August 2, 2018 Opinion or Order Filing 506 ORAL ORDER: Pursuant to a telephone conference held on August 2, 2018, the parties agree that they shall meet and confer and submit a proposed entry of judgment on August 10, 2018. Post-trial briefs, including on attorney fee motions, are due 28 days thereafter; response briefs are due 28 days after initial briefs and reply briefs are due 21 days after response briefs. Signed by Judge Joseph F. Bataillon on 8/2/18. (Brunswick, Amy)
July 30, 2018 Opinion or Order Filing 505 REDACTED VERSION of #488 Objections by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 30, 2018 Opinion or Order Filing 504 REDACTED VERSION of #484 Objections by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 30, 2018 Opinion or Order Filing 503 REDACTED VERSION of #482 Letter by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 5)(Pascale, Karen)
July 27, 2018 Opinion or Order Filing 502 ORDER directing that jurors be provided lunch (cc: Finance). Signed by Judge Joseph F. Bataillon on 7/27/2018. (nmf)
July 27, 2018 Opinion or Order Filing 501 [SEALED] Jury List. (nmf)
July 27, 2018 Opinion or Order Filing 500 [SEALED] Jury Notes. (nmf)
July 27, 2018 Opinion or Order Filing 499 REDACTED VERSION of #498 Jury Verdict. (nmf)
July 27, 2018 Opinion or Order Filing 498 [SEALED] JURY VERDICT. (nmf)
July 27, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sherry R. Fallon - Jury Trial completed on 7/27/2018. (Court Reporter V. Gunning.)(DAY 10) (Deliberations and Verdict) (nmf)
July 26, 2018 Opinion or Order Filing 497 Closing Jury Instructions read in Open Court 7/26/2018. (nmf)
July 26, 2018 Opinion or Order Filing 496 Revised Initial Jury Instructions read in Open Court 7/26/2018. (nmf)
July 26, 2018 Opinion or Order Filing 495 REDACTED VERSION of #367 Proposed Pretrial Order by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 13)(Pascale, Karen)
July 26, 2018 Opinion or Order Filing 494 REDACTED VERSION of #483 Objections by Minerva Surgical, Inc.. (Attachments: #1 Exhibits A-L - RIE)(Schladweiler, Benjamin)
July 26, 2018 Opinion or Order Filing 493 REDACTED VERSION of #481 Letter, by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A - RIE, #2 Exhibit B - RIE, #3 Exhibit C - RIE)(Schladweiler, Benjamin)
July 26, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/26/2018. Closing Arguments, Final Instructions, and Deliberations (Court Reporter Valerie Gunning.)(DAY 9) (crb)
July 25, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/25/2018. (Court Reporter V. Gunning.)(DAY 8) (nmf)
July 24, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/24/2018. (Court Reporter V. Gunning.)(DAY 7) (nmf)
July 23, 2018 Opinion or Order Filing 492 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding Curative Instruction. (Attachments: #1 Exhibit A)(Pascale, Karen)
July 23, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/23/2018. (Court Reporter V. Gunning.)(DAY 6) (nmf)
July 22, 2018 Opinion or Order Filing 491 Letter to The Honorable Joseph F. Bataillon from Benjamin J. Schladweiler regarding the privilege issues that arose during testimony of Mr. Csaba Truckai. (Schladweiler, Benjamin)
July 22, 2018 Opinion or Order Filing 490 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding Proposed Curative Instruction. (Pascale, Karen)
July 20, 2018 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #367 . (lih)
July 20, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/20/2018. (Court Reporter V. Gunning.)(DAY 5) (nmf)
July 19, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/19/2018. (Court Reporter V. Gunning.)(DAY 4) (nmf)
July 18, 2018 Opinion or Order Filing 489 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding FDA-related exhibits. (Pascale, Karen)
July 18, 2018 Opinion or Order Filing 488 [SEALED] OBJECTIONS and Defendant's Responses to Deposition Testimony and Exhibits Designated for July 20,2018 by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A)(Pascale, Karen) Modified on 7/19/2018 (lih).
July 18, 2018 Opinion or Order Filing 487 Letter to The Honorable Joseph F. Bataillon from Benjamin J. Schladweiler regarding Minerva's Response to Hologic's Letter Brief Regarding Admissibility of Minerva Internal Documents - re #486 Letter. (Schladweiler, Benjamin)
July 18, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/18/2018. (Court Reporter V. Gunning.)(DAY 3) (nmf)
July 17, 2018 Opinion or Order Filing 486 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding Letter Brief re Admissibility of Minerva Internal Documents. (Pascale, Karen)
July 17, 2018 Opinion or Order Filing 485 Initial Jury Instructions read in Open Court 7/17/2018. (nmf)
July 17, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/17/2018. (Court Reporter V. Gunning.) (DAY 2) (nmf)
July 16, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Jury Trial held on 7/16/2018. (Court Reporter V. Gunning.) (DAY 1) (nmf)
July 16, 2018 Opinion or Order Filing 484 [SEALED] OBJECTIONS and Plaintiffs' Responses to Deposition Testimony and Exhibits Designated for July 18, 2018 by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A - I)(Pascale, Karen) Modified on 7/18/2018 (lih).
July 16, 2018 Opinion or Order Filing 483 [SEALED] OBJECTIONS AND PLAINTIFFS' RESPONSES TO DEPOSITION TESTIMONY AND EXHIBITS DESIGNATED FOR JULY 17, 2018 by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A-L)(Schladweiler, Benjamin) Modified on 7/16/2018 (lih).
July 14, 2018 Opinion or Order Filing 482 [SEALED] Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding use of video clips in opening statement. (Attachments: #1 Exhibit 1-5)(Pascale, Karen)
July 14, 2018 Opinion or Order Filing 481 [SEALED] Letter to The Honorable Joseph F. Bataillon from Benjamin J. Schladweiler regarding Minerva's objections to Hologic's proposed use of video depositions during opening statements. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schladweiler, Benjamin)
July 13, 2018 Opinion or Order Filing 480 REDACTED VERSION of #451 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/16/2018 (lih).
July 13, 2018 Opinion or Order Filing 479 REDACTED VERSION of #450 Reply to Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/16/2018 (lih).
July 13, 2018 Opinion or Order Filing 478 REDACTED VERSION of #449 Reply to Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/16/2018 (lih).
July 13, 2018 Opinion or Order Filing 477 REDACTED VERSION of #448 Reply to Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/16/2018 (lih).
July 13, 2018 Opinion or Order Filing 476 REDACTED VERSION of #444 Reply to Response to Motion by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin)
July 13, 2018 Opinion or Order Filing 475 REDACTED VERSION of #443 Reply to Response to Motion, by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin)
July 13, 2018 Opinion or Order Filing 474 REDACTED VERSION of #442 Reply to Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 13, 2018 Opinion or Order Filing 473 REDACTED VERSION of #439 Reply to Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 13, 2018 Opinion or Order Filing 472 REDACTED VERSION of #438 Reply to Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 13, 2018 Opinion or Order Filing 471 REDACTED VERSION of #435 Objections, by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (RIE), #4 Exhibit D)(Schladweiler, Benjamin)
July 12, 2018 Opinion or Order Pro Hac Vice Attorney William Young, Jr for Cytyc Surgical Products, LLC and Hologic, 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. (ceg)
July 10, 2018 Opinion or Order Filing 470 MOTION for Pro Hac Vice Appearance of Attorney William Young, Jr. - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
July 10, 2018 Opinion or Order Filing 469 REDACTED VERSION of #424 Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 10, 2018 Opinion or Order Filing 468 REDACTED VERSION of #423 Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 10, 2018 Opinion or Order Filing 467 REDACTED VERSION of #422 Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 10, 2018 Opinion or Order Filing 466 REDACTED VERSION of #421 Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 10, 2018 Opinion or Order Filing 465 REDACTED VERSION of #420 Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 10, 2018 Opinion or Order Filing 464 REDACTED VERSION of #419 Response to Motion by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 10, 2018 Opinion or Order Filing 463 REDACTED VERSION of #432 Declaration, of Ryan Casamiquela by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 10, 2018 Opinion or Order Filing 462 REDACTED VERSION of #431 Response to Motion in Limine No. 6 by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 10, 2018 Opinion or Order Filing 461 REDACTED VERSION of #430 Response to Motion in Limine No. 5 by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 10, 2018 Opinion or Order Filing 460 REDACTED VERSION of #429 Response to Motion in Limine No. 4 by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 10, 2018 Opinion or Order Filing 459 REDACTED VERSION of #428 Response to Motion in Limine No. 3 by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 10, 2018 Opinion or Order Filing 458 REDACTED VERSION of #427 Response to Motion in Limine No. 2 by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 10, 2018 Opinion or Order Filing 457 REDACTED VERSION of #426 Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 10, 2018 Opinion or Order SO ORDERED- re #470 MOTION for Pro Hac Vice Appearance of Attorney William Young, Jr.. Signed by Judge Sherry R. Fallon on 7/10/2018. (lih)
July 9, 2018 Opinion or Order Filing 456 Minerva's Proposed Revisions to Court's Proposed Initial Jury Instructions by Minerva Surgical, Inc. . (Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 9, 2018 Opinion or Order Filing 455 MOTION for Pro Hac Vice Appearance of Attorney Ty W. Callahan - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
July 9, 2018 Opinion or Order Filing 454 ORDER denying #390 Motion to Dismiss. Signed by Judge Joseph F. Bataillon on 7/6/2018. (nmf)
July 9, 2018 Opinion or Order Filing 453 ORDER denying as moot #174 MOTION to Strike Improper Testimony Regarding the Accused Product Relied Upon by Plaintiffs in Their Opening Claim Construction Brief. Signed by Judge Joseph F. Bataillon on 7/6/2018. (nmf)
July 9, 2018 Opinion or Order Filing 452 MEMORANDUM ORDER granting in part and denying in part the parties' motions in limine re: #392 MOTION in Limine No. 1 to Exclude Reference to or Use of Inter Partes Review Proceedings Relating to the '183 Patent-in-Suit, #386 MOTION in Limine No. 4: to Exclude Ipse Dixit DOE Opinions for the '348 Patent, #385 MOTION in Limine No. 3: to Exclude Improper Opinions Regarding Legal Issues, #396 MOTION in Limine No. 5 to Preclude Minerva, Its Attorneys, and Experts from Rearguing or Taking Positions Inconsistent with This Court's Claim Construction, #397 MOTION in Limine No. 6 to Preclude Minerva from Relying on Trial Exhibits that Minerva Failed to Produce During Discovery, #388 MOTION in Limine No. 6: to Exclude Evidence and Argument Concerning Price Erosion, #395 MOTION in Limine No. 4 to Preclude Minerva, Its Attorneys, and Experts from Arguing that the Patents-in-Suit do not Enable or Describe Unclaimed Features of the Accused Product, #394 MOTION in Limine No. 3 to Exclude Minerva's Undisclosed Fact Witness, Akos Toth, Hologic, Inc., #383 MOTION in Limine No. 1: to Exclude Improper Willfulness Evidence, #387 MOTION in Limine No. 5: to Exclude Inadmissible Hearsay Testimony, #393 MOTION in Limine No. 2 To Preclude Minerva From Referencing Its Patents and Patent Applications at Trial, #384 MOTION in Limine No. 2: to Exclude Improper Mental State Opinions and Copying Evidence to. Signed by Judge Joseph F. Bataillon on 7/6/2018. (nmf)
July 9, 2018 Opinion or Order Minute Entry for proceedings held before Judge Joseph F. Bataillon - Hearing held on 7/9/2018. (Court Reporter Hawkins Reporting, (302)658-6697.) (nmf)
July 9, 2018 Opinion or Order Pro Hac Vice Attorney Ty W. Callahan for Minerva Surgical, 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. (crb)
July 9, 2018 Opinion or Order SO ORDERED- re #455 MOTION for Pro Hac Vice Appearance of Attorney Ty W. Callahan. Signed by Judge Sherry R. Fallon on 7/9/2018. (lih)
July 6, 2018 Opinion or Order Filing 451 [SEALED] DECLARATION of Ryan Casamiquela re #448 Reply to Response to Motion, #450 Reply to Response to Motion, #449 Reply to Response to Motion, #445 Reply to Response to Motion, #446 Reply to Response to Motion, #447 Reply to Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pascale, Karen) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 450 [SEALED] REPLY to Response to Motion re #397 MOTION in Limine No. 6 to Preclude Minerva from Relying on Trial Exhibits that Minerva Failed to Produce During Discovery filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 449 [SEALED] REPLY to Response to Motion re #396 MOTION in Limine No. 5 to Preclude Minerva, Its Attorneys, and Experts from Rearguing or Taking Positions Inconsistent with This Court's Claim Construction filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 448 [SEALED] REPLY to Response to Motion re #395 MOTION in Limine No. 4 to Preclude Minerva, Its Attorneys, and Experts from Arguing that the Patents-in-Suit do not Enable or Describe Unclaimed Features of the Accused Product filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 447 REPLY to Response to Motion re #394 MOTION in Limine No. 3 to Exclude Minerva's Undisclosed Fact Witness, Akos Toth filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 446 REPLY to Response to Motion re #393 MOTION in Limine No. 2 To Preclude Minerva From Referencing Its Patents and Patent Applications at Trial filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 445 REPLY to Response to Motion re #392 MOTION in Limine No. 1 to Exclude Reference to or Use of Inter Partes Review Proceedings Relating to the '183 Patent-in-Suit filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/9/2018 (lih). Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 444 [SEALED] REPLY to Response to Motion re #390 MOTION to Dismiss Based upon Dropped Patents and Patent Claims With Prejudice filed by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 443 [SEALED] REPLY to Response to Motion re #388 MOTION in Limine No. 6: to Exclude Evidence and Argument Concerning Price Erosion filed by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 442 [SEALED] REPLY to Response to Motion re #387 MOTION in Limine No. 5: to Exclude Inadmissible Hearsay Testimony filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 441 REPLY to Response to Motion re #386 MOTION in Limine No. 4: to Exclude Ipse Dixit DOE Opinions for the '348 Patent filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 440 REPLY to Response to Motion re #385 MOTION in Limine No. 3: to Exclude Improper Opinions Regarding Legal Issues filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 439 [SEALED] REPLY to Response to Motion re #384 MOTION in Limine No. 2: to Exclude Improper Mental State Opinions and Copying Evidence filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 438 [SEALED] REPLY to Response to Motion re #383 MOTION in Limine No. 1: to Exclude Improper Willfulness Evidence filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/9/2018 (lih).
July 6, 2018 Opinion or Order Filing 437 ORDER re #435 Objections, filed by Minerva Surgical, Inc. The Magistrate Judges order (D.I. #435 -4) is adopted. Defendant Minervas objections (D.I. #435 ) are overruled.. Signed by Judge Joseph F. Bataillon on 7/6/2018. (jcs)
July 6, 2018 Opinion or Order Filing 436 REDACTED VERSION of #410 Exhibit List by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
July 5, 2018 Opinion or Order Filing 435 [SEALED] OBJECTIONS to Magistrate Judge Fallon's Order Denying Supplementation of FDA Correspondence by Minerva Surgical, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schladweiler, Benjamin) Modified on 7/6/2018 (lih).
July 3, 2018 Opinion or Order SO ORDERED- re #381 MOTION for Pro Hac Vice Appearance of Attorney Jennifer A. Sklenar. Signed by Judge Sherry R. Fallon on 7/3/2018. (lih)
July 2, 2018 Opinion or Order Filing 434 Response re #391 NOTICE of Defendant Minerva Surgical, Inc.'s Notice Regarding Pending Motion to Strike by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 433 RESPONSE to Motion re #390 MOTION to Dismiss Based upon Dropped Patents and Patent Claims With Prejudice filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 2, 2018 Opinion or Order Filing 432 [SEALED] DECLARATION of Ryan Casamiquela re #426 Response to Motion, #429 Response to Motion, #431 Response to Motion, #427 Response to Motion, #430 Response to Motion, #428 Response to Motion by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 431 [SEALED] RESPONSE to Motion re #388 MOTION in Limine filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 430 [SEALED] RESPONSE to Motion re #387 MOTION in Limine filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 429 [SEALED] RESPONSE to Motion re #386 MOTION in Limine filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 428 [SEALED] RESPONSE to Motion re #385 MOTION in Limine filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 427 [SEALED] RESPONSE to Motion re #384 MOTION in Limine filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 426 [SEALED] RESPONSE to Motion re #383 MOTION in Limine filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 425 DECLARATION of Olivia M. Kim re #423 Response to Motion, #422 Response to Motion, #419 Response to Motion, #421 Response to Motion, #424 Response to Motion, #420 Response to Motion by Minerva Surgical, Inc.. (Attachments: #1 Exhibits J-M)(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 424 [SEALED] RESPONSE to Motion re #397 MOTION in Limine filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 423 [SEALED] RESPONSE to Motion re #396 MOTION in Limine filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 422 [SEALED] RESPONSE to Motion re #395 MOTION in Limine filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 421 [SEALED] RESPONSE to Motion re #394 MOTION in Limine filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 420 [SEALED] RESPONSE to Motion re #393 MOTION in Limine filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
July 2, 2018 Opinion or Order Filing 419 [SEALED] RESPONSE to Motion re #392 MOTION in Limine filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 418 NOTICE requesting Clerk to remove Sara L. Rose as co-counsel. Reason for request: no longer affiliated with this case. (Schladweiler, Benjamin)
June 29, 2018 Opinion or Order Filing 417 REDACTED VERSION of #389 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibits A-I)(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 416 REDACTED VERSION of #388 MOTION in Limine by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 415 REDACTED VERSION of #387 MOTION in Limine by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 414 REDACTED VERSION of #386 MOTION in Limine by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 413 REDACTED VERSION of #385 MOTION in Limine by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 412 REDACTED VERSION of #384 MOTION in Limine by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 411 REDACTED VERSION of #383 MOTION in Limine by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 410 [SEALED] Revised Trial Exhibit List re #367 Proposed Pretrial Order by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 29, 2018 Opinion or Order Filing 409 Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding submission of trial exhibits. (Pascale, Karen)
June 28, 2018 Opinion or Order Filing 408 ORDER denying #275 Motion to Dismiss for Lack of Subject Jurisdiction ; denying #277 Motion for Partial Summary Judgment; denying #279 Motion to Preclude; granting #287 Motion for Summary Judgment ; granting #288 Motion for Summary Judgment ; granting #289 Motion for Summary Judgment ; denying #290 Motion to Preclude; denying #317 Motion to Strike ; denying #346 Motion to Strike ; denying #374 Motion to Bifurcate. Signed by Judge Joseph F. Bataillon on 6/28/2018. (nmf)
June 28, 2018 Opinion or Order Filing 407 MEMORANDUM OPINION Signed by Judge Joseph F. Bataillon on 6/28/2018. (nmf)
June 27, 2018 Opinion or Order Filing 406 REDACTED VERSION of #380 Letter by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1 (RIE))(Schladweiler, Benjamin)
June 27, 2018 Opinion or Order Filing 405 REDACTED VERSION of #377 Letter by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
June 26, 2018 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 6/26/2018. (Court Reporter S. Vickers (Hawkings Reporting).) (lih)
June 26, 2018 Opinion or Order Filing 404 REDACTED VERSION of #376 Letter by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen) Modified on 7/3/2018 (lih).
June 26, 2018 Opinion or Order Filing 403 REDACTED VERSION of #398 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 10)(Pascale, Karen) Modified on 7/3/2018 (lih).
June 26, 2018 Opinion or Order Filing 402 REDACTED VERSION of #397 MOTION in Limine by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
June 26, 2018 Opinion or Order Filing 401 REDACTED VERSION of #396 MOTION in Limine by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
June 26, 2018 Opinion or Order Filing 400 REDACTED VERSION of #395 MOTION in Limine by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
June 26, 2018 Opinion or Order Filing 399 REDACTED VERSION of #394 MOTION in Limine by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 7/3/2018 (lih).
June 26, 2018 Opinion or Order ORAL ORDER re #378 Joint MOTION for Teleconference to Resolve Discovery Disputes filed by Cytyc Surgical Products, LLC, Hologic, Inc. - For the reasons stated on the record during the discovery dispute hearing on June 26, 2018, the motions to compel filed by plaintiffs and defendant are DENIED. Signed by Judge Sherry R. Fallon on 6/26/2018. (Polito, Rebecca)
June 25, 2018 Opinion or Order Filing 398 [SEALED] DECLARATION of Ryan Casamiquela re #392 MOTION in Limine, #396 MOTION in Limine , #397 MOTION in Limine, #395 MOTION in Limine, #394 MOTION in Limine, #393 MOTION in Limine by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 10)(Pascale, Karen) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 397 [SEALED] MOTION in Limine No. 6 to Preclude Minerva from Relying on Trial Exhibits that Minerva Failed to Produce During Discovery - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 396 [SEALED] MOTION in Limine No. 5 to Preclude Minerva, Its Attorneys, and Experts from Rearguing or Taking Positions Inconsistent with This Court's Claim Construction - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 395 [SEALED] MOTION in Limine No. 4 to Preclude Minerva, Its Attorneys, and Experts from Arguing that the Patents-in-Suit do not Enable or Describe Unclaimed Features of the Accused Product - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 394 [SEALED] MOTION in Limine No. 3 to Exclude Minerva's Undisclosed Fact Witness, Akos Toth - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 393 MOTION in Limine No. 2 To Preclude Minerva From Referencing Its Patents and Patent Applications at Trial - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 392 MOTION in Limine No. 1 to Exclude Reference to or Use of Inter Partes Review Proceedings Relating to the '183 Patent-in-Suit - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 391 NOTICE of Defendant Minerva Surgical, Inc.'s Notice Regarding Pending Motion to Strike (D.I. 174) by Minerva Surgical, Inc. (Schladweiler, Benjamin)
June 25, 2018 Opinion or Order Filing 390 MOTION to Dismiss Based upon Dropped Patents and Patent Claims With Prejudice - filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
June 25, 2018 Opinion or Order Filing 389 [SEALED] DECLARATION of Olivia M. Kim re #386 MOTION in Limine, #385 MOTION in Limine , #388 MOTION in Limine, #383 MOTION in Limine, #387 MOTION in Limine, #384 MOTION in Limine by Minerva Surgical, Inc.. (Attachments: #1 Exhibits A-I)(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 388 [SEALED] MOTION in Limine No. 6: to Exclude Evidence and Argument Concerning Price Erosion - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 387 [SEALED] MOTION in Limine No. 5: to Exclude Inadmissible Hearsay Testimony - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 386 [SEALED] MOTION in Limine No. 4: to Exclude Ipse Dixit DOE Opinions for the '348 Patent - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 385 [SEALED] MOTION in Limine No. 3: to Exclude Improper Opinions Regarding Legal Issues - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 384 [SEALED] MOTION in Limine No. 2: to Exclude Improper Mental State Opinions and Copying Evidence - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 383 [SEALED] MOTION in Limine No. 1: to Exclude Improper Willfulness Evidence - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 25, 2018 Opinion or Order Filing 382 REDACTED VERSION of #374 MOTION to Bifurcate by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schladweiler, Benjamin) Modified on 7/3/2018 (lih).
June 22, 2018 Opinion or Order Filing 381 MOTION for Pro Hac Vice Appearance of Attorney Jennifer A. Sklenar - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
June 22, 2018 Opinion or Order Filing 380 [SEALED] Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding response to Plaintiffs' June 20, 2018 letter - re #376 Letter. (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin)
June 22, 2018 Opinion or Order Filing 379 Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Response to Minerva Surgical, Inc.'s letter regarding issues for June 26, 2018 teleconference - re #377 Letter. (Pascale, Karen)
June 21, 2018 Opinion or Order SO ORDERED- re #378 Joint MOTION for Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 6/26/2018 at 11:00 AM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission was filed on 6/20/2018, Responsive submission due by no later than 3:00 PM on 6/22/2018.) Signed by Judge Sherry R. Fallon on 6/21/2018. (lih)
June 20, 2018 Opinion or Order Filing 378 Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
June 20, 2018 Opinion or Order Filing 377 [SEALED] Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding issues for June 26, 2018 Teleconference. (Schladweiler, Benjamin)
June 20, 2018 Opinion or Order Filing 376 [SEALED] Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Plaintiffs' Opening Letter Brief Regarding Discovery Issue for June 26, 2018 Teleconference. (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen)
June 19, 2018 Opinion or Order Filing 375 ORAL ORDER - An In Court hearing is scheduled for 7/9/2018 at 11:00 AM in Courtroom 4B before Judge Joseph F. Bataillon. Signed by Judge Joseph F. Bataillon on 6/19/2018. (Lawrence, Tiwauna)
June 19, 2018 Opinion or Order Motions No Longer Referred: #374 MOTION to Bifurcate. (lih)
June 18, 2018 Opinion or Order Filing 374 [SEALED] MOTION to Bifurcate Hologic's Non-Patent Claims - filed by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 6/19/2018 (lih).
June 15, 2018 Opinion or Order ORAL ORDER- re #367 Proposed Pretrial. Oral Order: IT IS HEREBY ORDERED, for the reasons stated at the Pretrial Conference on June 14, 2018, that the Joint Proposed Pretrial Order (Pretrial Order) (D.I. #367 ) is ADOPTED with the modifications discussed on the record as follows: (1) At paragraph 82 of the Pretrial Order, each side shall be permitted to file up to six (6) motions in limine ("MIL"), subject to the briefing schedule and page limitations set forth in paragraphs 83 to 85 of the Pretrial Order; (2) The parties' disputes regarding (a) the admissibility of documents from IPR proceedings related to the patents-in-suit (D.I. 367 at 13), and (b) the identification of Mr. Akos Toth as a trial witness (D.I. 367 at 37), shall be submitted in the form of MILs; (3) At paragraph 10(b) of the Pretrial Order, Minerva's anticipated motion to dismiss with prejudice the non-elected, dropped patents or claims shall be briefed on the same schedule as the MILs, but shall not count against Minerva's allotted MILs; (4) At paragraph 17(h) of the Pretrial Order, Minerva shall file a one-page letter brief, and Hologic shall serve a one-page response, regarding the continued viability of Minerva's Motion to Strike at D.I. #174 . The letter briefs shall be filed in conjunction with the MILs, but shall not count against Minerva's allotted MILs; (5) At paragraph 25 of the Pretrial Order, the parties shall continue to meet and confer regarding the Joint Statement of Admitted Facts in Exhibit 1; (6) At paragraphs 34 to 35 of the Pretrial Order, the parties shall present their request for bifurcation of non-jury issues by way of motion practice before Judge Bataillon; (7) The manner in which the parties are to raise unresolved objections to designated deposition testimony pursuant to paragraph 54 of the Pretrial Order shall be left to the discretion of Judge Bataillon; (8) Whether exhibits may be admitted without foundation, pursuant to the parties' proposal at paragraphs 63 to 64 of the Pretrial Order, shall be left to the discretion of Judge Bataillon; (9) At paragraphs 87 to 90 of the Pretrial Order, the trial will be timed, and the parties shall have twenty-four (24) hours per side to present their case to the jury. Time will be charged for opening statements and closing arguments, examination of witnesses, and motions argued outside of the jury, but will not be charged for voir dire; (10) At paragraph 86 of the Pretrial Order, there shall be eight (8) jurors total, all of whom shall deliberate; (11) The parties proposed voir dire, jury instructions, and verdict form shall be submitted in Word format to Judge Bataillons chambers via email on or before June 29, 2018. The parties should be prepared to discuss any issues regarding these documents on the morning of the first day of trial on July 16, 2018; (12) On or before June 29, 2018, the parties shall submit copies of the trial exhibits on a flash drive mailed to Judge Bataillons chambers in the United States District Court for the District of Nebraska, located in Omaha, Nebraska, and shall also deliver hard copies of the exhibits to the United States District Court for the District of Delaware addressed to the attention of Nicole Fasano. Ordered by Judge Sherry R. Fallon on 6/15/2018. (lih)
June 14, 2018 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Final Pretrial Conference held on 6/14/2018. (Court Reporter T. Carroll (Hawkins Reporting).) (lih)
June 13, 2018 Opinion or Order ORAL ORDER- granting #370 Joint MOTION to Request Prospective Jurors to Complete Stipulated Questionnaire and for Early Mailing of Questionnaires to Prospective Jurors.Counsel is directed to contact the courts jury administrator, Debra Bonselaar, at 302-573-6172, for detailed instructions on how to submit copies of the questionnaire for mailing. Ordered by Judge Sherry R. Fallon on 6/13/2018. (lih)
June 13, 2018 Opinion or Order ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that: the pretrial conference set in this matter for 6/14/2018 at 10:00 AM is RESCHEDULED to 11:00 AM in Courtroom 6B before Judge Sherry R. Fallon. Counsel is also advised the location of the proceeding is changed to courtroom 6B. Ordered by Judge Sherry R. Fallon on 6/13/2018. (lih)
June 11, 2018 Opinion or Order Filing 373 Proposed Final Jury Instructions by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 6/12/2018 (lih).
June 11, 2018 Opinion or Order Filing 372 Proposed Preliminary Jury Instructions by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 6/12/2018 (lih).
June 11, 2018 Opinion or Order Filing 371 Proposed Voir Dire by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
June 11, 2018 Opinion or Order Filing 370 Joint MOTION to Request Prospective Jurors to Complete Stipulated Questionnaire and for Early Mailing of Questionnaires to Prospective Jurors - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A)Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 6/12/2018 (lih).
June 11, 2018 Opinion or Order Filing 369 Plaintiffs' Proposed VERDICT SHEET by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 6/12/2018 (lih).
June 11, 2018 Opinion or Order Filing 368 VERDICT SHEET by Minerva Surgical, Inc. /. (Schladweiler, Benjamin)
June 7, 2018 Opinion or Order Filing 367 [SEALED] Proposed Pretrial Order by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1-13)(Pascale, Karen)
May 30, 2018 Opinion or Order Filing 366 Response re #364 Notice of Subsequent Fact and #365 Notice of Subsequent Authority by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 5/31/2018 (lih).
May 22, 2018 Opinion or Order Filing 365 NOTICE of Defendant Minerva Surgical, Inc.'s Subsequent Authority by Minerva Surgical, Inc. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin)
May 10, 2018 Opinion or Order Filing 364 NOTICE of Subsequent Fact by Minerva Surgical, Inc. re #275 MOTION to Dismiss (Attachments: #1 Exhibit A)(Schladweiler, Benjamin) Modified on 5/11/2018 (lih).
April 27, 2018 Opinion or Order Filing 363 REDACTED VERSION of #362 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 4/30/2018 (lih).
April 19, 2018 Opinion or Order Filing 362 [SEALED] REPLY BRIEF re #346 MOTION to Strike filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Certificate of Service of Sealed Document)(Pascale, Karen) Modified on 4/20/2018 (lih).
April 19, 2018 Opinion or Order Filing 361 REDACTED VERSION of #360 Answering Brief in Opposition, by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schladweiler, Benjamin)
April 16, 2018 Opinion or Order CORRECTING ENTRY: The pdf of D.I. #320 has been replaced with a revised version of the document per the request of counsel. (lih)
April 12, 2018 Opinion or Order Filing 360 [SEALED] ANSWERING BRIEF in Opposition re #346 MOTION to Strike filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 4/19/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schladweiler, Benjamin) Modified on 4/13/2018 (lih).
April 4, 2018 Opinion or Order Filing 359 REQUEST for Oral Argument by Cytyc Surgical Products, LLC, Hologic, Inc. re #290 MOTION to Preclude, #289 MOTION for Summary Judgment, #287 MOTION for Summary Judgment, #288 MOTION for Summary Judgment. (Pascale, Karen) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 358 REDACTED VERSION of #343 Declaration by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 357 REDACTED VERSION of #342 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 356 REDACTED VERSION of #341 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 355 REDACTED VERSION of #340 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 354 REQUEST for Oral Argument by Minerva Surgical, Inc. re #277 MOTION for Partial Summary Judgment, #279 MOTION to Preclude, #275 MOTION to Dismiss . (Schladweiler, Benjamin) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 353 REDACTED VERSION of #347 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 352 REDACTED VERSION of #345 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 203 - 210)(Pascale, Karen) Modified on 4/5/2018 (lih).
April 4, 2018 Opinion or Order Filing 351 REDACTED VERSION of #344 Reply Brief, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
April 3, 2018 Opinion or Order Filing 350 Response re #349 Notice of Subsequent Authority by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 4/4/2018 (lih).
April 2, 2018 Opinion or Order Filing 349 NOTICE of Subsequent Authority by Minerva Surgical, Inc. re #275 MOTION to Dismiss (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin) Modified on 4/3/2018 (lih).
April 2, 2018 Opinion or Order Motions No Longer Referred: #346 MOTION to Strike (lih)
March 29, 2018 Opinion or Order Filing 348 DECLARATION of Assad H. Rajani re #346 MOTION to Strike by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 5)(Pascale, Karen) Modified on 4/2/2018 (lih).
March 29, 2018 Opinion or Order Filing 347 [SEALED] OPENING BRIEF in Support re #346 MOTION to Strike filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 4/12/2018. (Pascale, Karen) Modified on 4/2/2018 (lih).
March 29, 2018 Opinion or Order Filing 346 MOTION to Strike Minerva's Argumentative Appendices - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 4/2/2018 (lih).
March 28, 2018 Opinion or Order Filing 345 [SEALED] DECLARATION of Marc A. Cohn re #344 Reply Brief, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 203 - 210)(Pascale, Karen) Modified on 3/29/2018 (lih).
March 28, 2018 Opinion or Order Filing 344 [SEALED] REPLY BRIEF re #290 MOTION to Preclude , #289 MOTION for Summary Judgment , #287 MOTION for Summary Judgment, #288 MOTION for Summary Judgment filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 3/29/2018 (lih).
March 28, 2018 Opinion or Order Filing 343 [SEALED] DECLARATION of Olivia M. Kim re #342 Reply Brief, #340 Reply Brief, #341 Reply Brief by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 205-209)(Schladweiler, Benjamin) Modified on 3/29/2018 (lih).
March 28, 2018 Opinion or Order Filing 342 [SEALED] REPLY BRIEF re #279 MOTION to Preclude filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 3/29/2018 (lih).
March 28, 2018 Opinion or Order Filing 341 [SEALED] REPLY BRIEF re #277 MOTION for Partial Summary Judgment filed by Minerva Surgical, Inc.. (Attachments: #1 Second Supplemental Appendix A)(Schladweiler, Benjamin) Modified on 3/29/2018 (lih).
March 28, 2018 Opinion or Order Filing 340 [SEALED] REPLY BRIEF re #275 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 3/29/2018 (lih).
March 13, 2018 Opinion or Order Filing 339 REDACTED VERSION of #337 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 13, 2018 Opinion or Order Filing 338 REQUEST for Oral Argument by Minerva Surgical, Inc. re #317 MOTION to Strike #294 Declaration. (Schladweiler, Benjamin) Modified on 3/13/2018 (lih).
March 6, 2018 Opinion or Order Filing 337 [SEALED] REPLY BRIEF re #317 MOTION to Strike #294 Declaration filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 3/8/2018 (lih).
March 6, 2018 Opinion or Order Filing 336 REDACTED VERSION of #334 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 3/6/2018 (lih).
March 6, 2018 Opinion or Order Filing 335 REDACTED VERSION of #333 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 3/6/2018 (lih).
February 27, 2018 Opinion or Order Filing 334 [SEALED] DECLARATION of Ryan J. Casamiquela re #333 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A - B)(Pascale, Karen) Modified on 2/27/2018 (lih).
February 27, 2018 Opinion or Order Filing 333 [SEALED] ANSWERING BRIEF in Opposition re #317 MOTION to Strike #294 Declaration filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 3/6/2018. (Pascale, Karen) Modified on 2/27/2018 (lih).
February 21, 2018 Opinion or Order Filing 332 REDACTED VERSION of #321 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Vol. I of II (Exs. 162-197), #2 Vol. II of II (Exs. 198-204))(Schladweiler, Benjamin) Modified on 2/22/2018 (lih).
February 21, 2018 Opinion or Order Filing 331 REDACTED VERSION of #320 Answering Brief in Opposition, by Minerva Surgical, Inc.. (Attachments: #1 Supplemental Appendix A, #2 Exhibit 1, #3 Exhibit 2)(Schladweiler, Benjamin)
February 21, 2018 Opinion or Order Filing 330 REDACTED VERSION of #325 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 123 - 202)(Pascale, Karen) Modified on 2/22/2018 (lih).
February 21, 2018 Opinion or Order Filing 329 REDACTED VERSION of #324 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/22/2018 (lih).
February 19, 2018 Opinion or Order Filing 328 REDACTED VERSION of #319 Declaration by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/20/2018 (lih).
February 19, 2018 Opinion or Order Filing 327 REDACTED VERSION of #318 Opening Brief in Support by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 16, 2018 Opinion or Order Motions No Longer Referred: #317 MOTION to Strike #294 Declaration (lih)
February 16, 2018 Opinion or Order NOTE TO COUNSEL: Judge Fallon's chambers does not need courtesy copies of the summary judgment briefing. (lih)
February 14, 2018 Opinion or Order Filing 326 MULTI MEDIA DOCUMENT filed by Minerva Surgical, Inc. in the form of a CD Rom. Filing related to #322 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (lih)
February 14, 2018 Opinion or Order Filing 325 [SEALED] DECLARATION of Marc A. Cohn re #324 Answering Brief in Opposition,, #323 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 123-150, #2 Exhibit 151 - 160, #3 Exhibit 161 - 170, #4 Exhibit 171 - 180, #5 Exhibit 181 - 190, #6 Exhibit 191 - 202)(Pascale, Karen) Modified on 2/16/2018 (lih).
February 14, 2018 Opinion or Order Filing 324 [SEALED] ANSWERING BRIEF in Opposition re #277 MOTION for Partial Summary Judgment, #279 MOTION to Preclude filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 2/21/2018. (Pascale, Karen) Modified on 2/16/2018 (lih).
February 14, 2018 Opinion or Order Filing 323 ANSWERING BRIEF in Opposition re #275 MOTION to Dismiss filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 2/21/2018. (Pascale, Karen) Modified on 2/16/2018 (lih).
February 14, 2018 Opinion or Order Filing 322 NOTICE of filing the following Non-Paper material(s) in multi media format: (CD containing Exhibits 181, 182, 183, and 184 to Declaration of Olivia M. Kim in Support of Defendant Minerva's Opposition to Plaintiffs' Motions for Summary Judgment of Infringement, Assignor Estoppel, and No Invalidity and Motion to Exclude Expert Testimony). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Benjamin J. Schladweiler on behalf of Minerva Surgical, Inc. (Schladweiler, Benjamin)
February 14, 2018 Opinion or Order Filing 321 [SEALED] DECLARATION of Olivia M. Kim re #320 Answering Brief in Opposition by Minerva Surgical, Inc.. (Attachments: #1 Vol. I of II (Exs. 162-197), #2 Vol. II of II (Exs. 198-204))(Schladweiler, Benjamin) Modified on 2/16/2018 (lih).
February 14, 2018 Opinion or Order Filing 320 [SEALED] ANSWERING BRIEF in Opposition re #290 MOTION to Preclude, #287 MOTION for Summary Judgment, #289 MOTION for Summary Judgment, #288 MOTION for Summary Judgment filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 2/21/2018. (Attachments: #1 Supplemental Appendix A, #2 Exhibit 1, #3 Exhibit 2)(Schladweiler, Benjamin) Modified on 2/16/2018 (lih). (Main Document 320 replaced on 4/16/2018) (lih).
February 13, 2018 Opinion or Order Filing 319 [SEALED] DECLARATION of Olivia M. Kim re #317 MOTION to Strike #294 Declaration by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/14/2018 (lih).
February 13, 2018 Opinion or Order Filing 318 [SEALED] OPENING BRIEF in Support re #317 MOTION to Strike #294 Declaration filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 2/27/2018. (Schladweiler, Benjamin) Modified on 2/14/2018 (lih).
February 13, 2018 Opinion or Order Filing 317 MOTION to Strike #294 Declaration - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 2/14/2018 (lih).
February 2, 2018 Opinion or Order Filing 316 NOTICE OF SERVICE of Plaintiffs' List of Rebuttal Fact Witnesses to be Called at Trial filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
February 2, 2018 Opinion or Order Filing 315 NOTICE OF SERVICE of Defendant and Counterclaimant Minerva Surgical, Inc.'s Rebuttal Fact Witness List filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
January 22, 2018 Opinion or Order Filing 314 ORDER- re #275 MOTION to Dismiss, #298 Letter. Set Briefing Schedule: (Answering Brief due 2/14/2018., Reply Brief due 3/28/2018.) Signed by Judge Sherry R. Fallon on 1/22/2018. (lih)
January 19, 2018 Opinion or Order Filing 313 NOTICE of Opposition to D.I. 275 by Cytyc Surgical Products, LLC, Hologic, Inc. (Pascale, Karen)
January 18, 2018 Opinion or Order Filing 312 REDACTED VERSION of #298 Letter by Minerva Surgical, Inc.. (Attachments: #1 Attachment 1, #2 Attachment 2)(Schladweiler, Benjamin)
January 17, 2018 Opinion or Order Filing 311 REDACTED VERSION of #283 Exhibit to a Document by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 57-60, #2 Exhibit 61, #3 Exhibits 62-73, #4 Exhibits 74-88)(Schladweiler, Benjamin) Modified on 1/17/2018 (lih).
January 17, 2018 Opinion or Order CORRECTING ENTRY: The redacted document previously filed as D.I. 304 has been deleted due to the wrong event code being used at the time of filing. Counsel is advised to re-file the document using the appropriate event code. (lih)
January 16, 2018 Opinion or Order Filing 310 REDACTED VERSION of #285 Exhibit to a Document by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 142, #2 Exhibit 143 - Parts 1-5, #3 Exhibits 144-145, #4 Exhibits 146-147, #5 Exhibits 148-150, #6 Exhibits 151-153, #7 Exhibit 154, #8 Exhibit 155, #9 Exhibits 156-161)(Schladweiler, Benjamin) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 309 REDACTED VERSION of #294 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 308 REDACTED VERSION of #293 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit s 46 through 122)(Pascale, Karen) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 307 REDACTED VERSION of #292 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit s 1 through 45)(Pascale, Karen) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 306 REDACTED VERSION of #291 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 305 REDACTED VERSION of #284 Exhibit to a Document by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 100, #2 Exhibit 101 - Parts 1-10, #3 Exhibits 101 - Part 11 and Exhibit 112, #4 Exhibits 113-120, #5 Exhibits 121-126, #6 Exhibits 127-137)(Schladweiler, Benjamin) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 303 REDACTED VERSION of #282 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 46-54)(Schladweiler, Benjamin) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 302 REDACTED VERSION of #281 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibits 3-5, #4 Exhibits 6-8, #5 Exhibits 9-14, #6 Exhibits 15-34, #7 Exhibits 35-40, #8 Exhibits 41-43)(Schladweiler, Benjamin) Modified on 1/17/2018 (lih).
January 16, 2018 Opinion or Order Filing 301 REDACTED VERSION of #280 Opening Brief in Support by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 16, 2018 Opinion or Order Filing 300 REDACTED VERSION of #278 Opening Brief in Support, by Minerva Surgical, Inc.. (Attachments: #1 Appendix)(Schladweiler, Benjamin)
January 16, 2018 Opinion or Order Filing 299 REDACTED VERSION of #276 Opening Brief in Support, by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 11, 2018 Opinion or Order Filing 298 [SEALED] Joint Letter to the Court regarding e-mail concerning dispute over schedule- re #275 MOTION to Dismiss. (Attachments: #1 Attachment 1, #2 Attachment 2)(Schladweiler, Benjamin) Modified on 1/11/2018 (lih).
January 11, 2018 Opinion or Order Motions No Longer Referred: #279 MOTION to Preclude, #290 MOTION to Preclude. (lih)
January 9, 2018 Opinion or Order Filing 297 MULTI MEDIA DOCUMENT filed by Minerva Surgical, Inc. in the form of a CD ROM (Exhibits 17, 18, 20, 21, 23, 25, 27, 29, 31, 32, 33, 156, 157, 158). (Media on file in Clerk's Office). (crb)
January 9, 2018 Opinion or Order ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that: the ADR status teleconference set in this matter for 1/22/2018 at 11:30 AM is RESCHEDULED to 03:00 PM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 1/9/2018. (lih)
January 8, 2018 Opinion or Order Filing 296 MULTI MEDIA DOCUMENT filed by Cytyc Surgical Products, LLC, Hologic, Inc. in the form of a CD Rom. (Media on file in Clerk's Office). (crb)
January 5, 2018 Opinion or Order Filing 295 NOTICE of of Filing of Multimedia Format by Cytyc Surgical Products, LLC, Hologic, Inc. re #293 Declaration,, (Pascale, Karen)
January 5, 2018 Opinion or Order Filing 294 [SEALED] DECLARATION of Karl R. Leinsing, MSME, PE re #290 MOTION to Preclude, #289 MOTION for Summary Judgment, #287 MOTION for Summary Judgment, #288 MOTION for Summary Judgment by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 293 [SEALED] DECLARATION (Volume 2 of 2) re #290 MOTION to Preclude, #287 MOTION for Summary Judgment, #289 MOTION for Summary Judgment, #288 MOTION for Summary Judgment by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 46 - 61, #2 Exhibit 62 - 65, #3 Exhibit 66 - 73, #4 Exhibit 74 - 90, #5 Exhibit 91 - 122)(Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 292 [SEALED] DECLARATION of Marc A. Cohn (Volume 1 of 2) re #290 MOTION to Preclude, #289 MOTION for Summary Judgment, #287 MOTION for Summary Judgment, #288 MOTION for Summary Judgment by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 20, #2 Exhibit 21 - 45)(Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 291 [SEALED] OPENING BRIEF in Support re #290 MOTION to Preclude, #289 MOTION for Summary Judgment, #287 MOTION for Summary Judgment, #288 MOTION for Summary Judgment filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/19/2018. (Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 290 MOTION to Preclude Expert Testimony - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 289 MOTION for Summary Judgment of Assignor Estoppel - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)(Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 288 MOTION for Summary Judgment of Infringement - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)(Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 287 MOTION for Summary Judgment of No Invalidity - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)(Pascale, Karen) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 286 NOTICE of filing the following Non-Paper material(s) in multi media format: CD containing Exhibits 17, 18, 20, 21, 23, 25, 27, 29, 31, 32, 33, 156, 157, and 158 to the Declaration of Olivia M. Kim in Support of Defendant Minerva's Motion to Dismiss, Motion for Partial Summary Judgment and Daubert Motion. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Benjamin J. Schladweiler on behalf of Minerva Surgical, Inc. (Schladweiler, Benjamin)
January 5, 2018 Opinion or Order Filing 285 [SEALED] EXHIBIT Volume V of V re #281 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 142, #2 Exhibit 143 - Parts 1-5, #3 Exhibits 144-145, #4 Exhibits 146-147, #5 Exhibits 148-150, #6 Exhibits 151-153, #7 Exhibit 154, #8 Exhibit 155, #9 Exhibits 156-161)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 284 [SEALED] EXHIBIT Volume IV of V re #281 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 100, #2 Exhibit 101 - Parts 1-10, #3 Exhibits 101 - Part 11 and Exhibit 112, #4 Exhibits 113-120, #5 Exhibits 121-126, #6 Exhibits 127-137)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 283 [SEALED] Exhibit Volume III of V re #281 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 57-60, #2 Exhibit 61, #3 Exhibits 62-73, #4 Exhibits 74-88)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 282 [SEALED] DECLARATION Volume II of V re #281 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 46-54)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 281 [SEALED] DECLARATION Volume I of V of Olivia M. Kim re #277 MOTION for Partial Summary Judgment, #279 MOTION to Preclude, #275 MOTION to Dismiss by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibits 3-5, #4 Exhibits 6-8, #5 Exhibits 9-14, #6 Exhibits 15-34, #7 Exhibits 35-40, #8 Exhibits 41-43)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 280 [SEALED] OPENING BRIEF in Support re #279 MOTION to Preclude filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/19/2018. (Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 279 MOTION to Preclude - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 278 [SEALED] OPENING BRIEF in Support re #277 MOTION for Partial Summary Judgment filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/19/2018. (Attachments: #1 Appendix)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 277 MOTION for Partial Summary Judgment - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 276 [SEALED] OPENING BRIEF in Support re #275 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/19/2018. (Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
January 5, 2018 Opinion or Order Filing 275 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Minerva Surgical, Inc.. (Attachments: #1 Proposed Order)(Schladweiler, Benjamin) Modified on 1/8/2018 (lih).
December 22, 2017 Opinion or Order Filing 274 Official Transcript of Telephone Conference held on December 19, 2017 before Judge Sherry R. Fallon. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/12/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/22/2018.(bpg)
December 22, 2017 Opinion or Order Filing 273 NOTICE requesting Clerk to remove Peter Root as co-counsel.. (Pascale, Karen)
December 21, 2017 Opinion or Order SO ORDERED- re #270 Joint PROPOSED ORDER Amending Scheduling Order Governing Daubert and Case Dispositive Motions. Set Scheduling Order Deadlines ( Dispositive Motions due by 1/5/2018., Answering Brief due 2/14/2018., Reply Brief due 3/28/2018.) (PLEASE REFER TO PROPOSED ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 12/21/2017. (lih)
December 20, 2017 Opinion or Order Filing 272 NOTICE OF SERVICE of Plaintiffs' List of Fact Witnesses to be Called at Trial filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
December 20, 2017 Opinion or Order Filing 271 NOTICE OF SERVICE of Defendant and Couterclaimant Minerva Surgical, Inc.'s Fact Witness List filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
December 19, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Telephone Conference held on 12/19/2017. (Court Reporter B. Gaffigan.) (lih)
December 19, 2017 Opinion or Order Filing 270 Joint PROPOSED ORDER Amending Scheduling Order Governing Daubert and Case Dispositive Motions by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
December 18, 2017 Opinion or Order ORAL ORDER- Pursuant to the joint request of counsel, IT IS HEREBY ORDERED that: a Telephone Conference is set for 12/19/2017 at 09:00 AM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 12/18/2017. (lih)
November 14, 2017 Opinion or Order Filing 269 Joint Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding resolution of dispute over emails reviewed by Mr. Truckai. (Pascale, Karen) Modified on 11/15/2017 (lih).
November 8, 2017 Opinion or Order Filing 268 NOTICE OF SERVICE of Plaintiffs' Election of Asserted Claims filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
November 6, 2017 Opinion or Order Filing 267 Letter to The Honorable Sherry R. Fallon from Karen L. Pascale, Esq. regarding disputed claims. (Pascale, Karen) Modified on 11/6/2017 (lih).
November 1, 2017 Opinion or Order ORAL ORDER- On or before 11/6/2017, the parties shall submit a joint letter to the court that outlines the number of disputed claims at issue in the case and a proposed schedule for further reducing the number. IT IS FURTHER ORDERED that: the page limitations for the summary judgment and daubert motion briefing are extended as follows: opening briefs are limited to no more than ten pages; answering briefs are limited to no more than ten pages; reply briefs are limited to no more than five pages. Counsel shall contact the court for a discovery dispute hearing date and submit a proposed briefing schedule regarding the pending Csaba Trukai discovery dispute on or before 11/14/2017. Ordered by Judge Sherry R. Fallon on 10/31/2017. (lih) Modified on 11/1/2017 (lih).
October 31, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Telephone Conference held on 10/31/2017. (Court Reporter T. Carroll (Hawkins Reporting).) (lih)
October 30, 2017 Opinion or Order ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that: the status teleconference set in this matter for 11/1/2017 is RESCHEDULED to 10/31/2017 at 12:30 PM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 10/30/2017. (lih)
October 5, 2017 Opinion or Order Pro Hac Vice Attorney Erik J. Carlson for Minerva Surgical, 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. (dmp, )
October 4, 2017 Opinion or Order SO ORDERED- re #266 MOTION for Pro Hac Vice Appearance of Attorney Erik Carlson. Signed by Judge Sherry R. Fallon on 10/4/2017. (lih)
October 3, 2017 Opinion or Order Filing 266 MOTION for Pro Hac Vice Appearance of Attorney Erik Carlson - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
October 2, 2017 Opinion or Order ORAL ORDER- IT IS HEREBY ORDERED that: the court shall conduct an ADR status teleconference on 1/22/2018 at 11:30 AM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call. Ordered by Judge Sherry R. Fallon on 10/2/2017. (lih)
September 11, 2017 Opinion or Order Filing 265 AMENDED SCHEDULING ORDER: Expert Discovery due by 10/20/2017. Dispositive Motions due by 12/20/2017. Answering Brief due 2/2/2018. Reply Brief due 3/16/2018. A Telephone Conference is set for 11/1/2017 at 11:00 AM before Judge Sherry R. Fallon Proposed Pretrial Order due by 6/7/2018. A Pretrial Conference is set for 6/14/2018 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. A Jury Trial is set for 7/16/2018 at 09:30 AM before Judge Joseph F. Bataillon.. Signed by Judge Sherry R. Fallon on 9/11/2017. (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) (lih)
September 8, 2017 Opinion or Order Filing 264 PROPOSEDAmended Scheduling Order by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Letter to The Honorable Sherry R. Fallon)(Pascale, Karen) Modified on 9/8/2017 (lih).
September 8, 2017 Opinion or Order ORAL ORDER- Pursuant to the joint request of counsel, IT IS HEREBY ORDERED that: the court shall conduct a joint ADR status teleconference on 9/11/2017 at 11:00 AM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 9/8/2017. (lih)
September 6, 2017 Opinion or Order ORAL ORDER- re #263 Amended PROPOSED Scheduling Order. IT IS HEREBY ORDERED that: The court adopts Hologic's proposals in paragraphs 1(d) and 3(b). The court adopts Minerva's proposal regarding paragraph 4(b), with the addition that, if no agreement between the parties is reached regarding the maximum number of motions in limine to be filed, the court will set a limit during the pretrial conference on June 14, 2018. Counsel shall submit a joint revised scheduling order on or before 9/8/2017. Ordered by Judge Sherry R. Fallon on 9/6/2017. (lih)
September 5, 2017 Opinion or Order Filing 263 Amended PROPOSED Scheduling Order by Minerva Surgical, Inc.. (Attachments: #1 Letter to The Honorable Sherry R. Fallon)(Schladweiler, Benjamin) Modified on 9/6/2017 (lih).
August 30, 2017 Opinion or Order ORAL ORDER- On or before 9/5/2017, counsel shall submit a revised joint scheduling order. Ordered by Judge Sherry R. Fallon on 8/29/2017. (lih)
August 29, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Scheduling Telephone Conference held on 8/29/2017. (Court Reporter V. Gunning.) (lih)
August 24, 2017 Opinion or Order ORAL ORDER- Pursuant to the joint request of counsel, IT IS HEREBY ORDERED that: the scheduling teleconference set in this matter for 9/6/2017 is RESCHEDULED to 8/29/2017 at 03:00 PM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 8/24/2017. (lih)
August 23, 2017 Opinion or Order Filing 262 NOTICE OF SERVICE of 1) Supplemental Expert Report of Karl R. Leinsing, MSME, PE Regarding U.S. Patent Nos. 6,872,183, 9,095,348, and 9,247,989; and 2)Supplemental Expert Report of Christopher C. Barry filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
August 23, 2017 Opinion or Order Filing 261 NOTICE OF SERVICE of Supplemental Expert Report of Dr. Robert Tucker, M.D., Ph.D. Regarding Invalidity of U.S. Patent Nos. 6,872,183, 9,095,348 and 9,247,989 filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
August 22, 2017 Opinion or Order ORAL ORDER SETTING RULE 16(b) CONFERENCE re #260 Letter. IT IS HEREBY ORDERED that: (1) A scheduling teleconference pursuant to Fed. R. Civ. P. 16(b) will be held on 9/6/2017 at 02:00 PM before Judge Sherry R. Fallon. Counsel for Plaintiff shall organize and initiate the teleconference to the Chambers of Sherry R. Fallon at 302-573-4557. Ordered by Judge Sherry R. Fallon on 8/22/2017. (lih)
August 18, 2017 Opinion or Order Filing 260 Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding the parties' scheduling proposals. (Schladweiler, Benjamin)
August 10, 2017 Opinion or Order Filing 259 ORAL ORDER - Pursuant to the filing of this case, the Court issues the following order: This case shall be immediately referred to Magistrate Judge Sherry R. Fallon. Magistrate Judge Fallon shall issue a scheduling order when appropriate. Magistrate Judge Fallon shall handle all dispositive and nondispositive matters on all issues, including claim construction, except for summary judgments, Daubert motions and pretrial motions in limine. On all dispositive matters, the magistrate judge shall issue a report and recommendation. The parties have the right to file objections to the report and recommendation, or in the case of nondispositive matters, file an appeal of the magistrate judge's order, and the same shall be decided by the undersigned. The magistrate judge shall likewise handle all discovery matters, scheduling, and pretrial conferences. If the parties believe the magistrate judge has a conflict of interest with this case, the parties shall so notify the Court. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 8/10/2017. (Lawrence, Tiwauna)
August 9, 2017 Opinion or Order Filing 258 NOTICE OF SERVICE of (I) Expert Report of Karl R. Leinsing, MSME, PE Regarding Validity of U.S. Patent Nos. 6,872,183, 9,095,348 and 9,247,989 [HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY] and (II) Expert Report of Alan Schwartz Regarding FDA Procedures and NovaSure Labeling [HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY] filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
August 9, 2017 Opinion or Order Filing 257 NOTICE OF SERVICE of Plaintiffs and Counter-defendants Hologic, Inc. and Cytyc Surgical Products LLC's Rule 26(a)(2)(C) Disclosure [HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY] filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
August 9, 2017 Opinion or Order Filing 256 NOTICE OF SERVICE of (i) Rebuttal of Dr. Robert Tucker, M.D., Ph.D. to Report of Karl R. Leinsing Regarding U.S. Patent Nos. 6,872,183, 9,095,348 and 9,247,989, (ii) Rebuttal Expert Report of Burt Magen, (iii) Rebuttal Expert Report of Amy Garcia, M.D., (iv) Rebuttal Expert Report of James Mirabile, M.D., (v) Rebuttal Report of Blake Inglish, (vi) Declaration of Dave Clapper, and (vii) Declaration of Colin Pollard filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
August 8, 2017 Opinion or Order Filing 255 NOTICE OF SERVICE of Defendant and Counterclaimant Minerva Surgical, Inc.'s Rule 26(a)(2)(C) Disclosure filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
August 1, 2017 Opinion or Order Case Reassigned to Judge Joseph F. Bataillon of the District of Nebraska (in lieu of Vacant Judgeship). Please include the initials of the Judge (JFB) after the case number on all documents filed. (rjb)
July 18, 2017 Opinion or Order Filing 254 ORAL ORDER: The parties' emergency scheduling dispute (D.I. 253) having been referred to Judge Stark as duty judge, IT IS HEREBY ORDERED that the scheduling order (D.I. 241) is AMENDED as follows: (i) rebuttal expert reports due August 8; (ii) supplemental expert reports due August 22; (iii) deadline to agree on expert deposition hours August 25; and (iv) expert discovery deadline September 18. All other dates in the scheduling order remain unchanged. Today's order is without prejudice to any party seeking additional modifications to the schedule from the judge to whom this case is eventually reassigned. ORDERED by Judge Leonard P. Stark on 7/18/17. (ntl)
July 17, 2017 Opinion or Order Filing 253 Letter to The Honorable Sue L. Robinson from Benjamin J. Schladweiler regarding request for emergency relief. (Schladweiler, Benjamin)
July 10, 2017 Opinion or Order Filing 252 NOTICE OF SERVICE of 1) Expert Report of Karl R. Leinsing, MSME, PE; 2) Expert Report of Christopher C. Barry; 3) Expert Report of D. Alan Johns, MD; and 4) Expert Report of William Jamieson, MD filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
June 30, 2017 Opinion or Order Filing 251 NOTICE OF SERVICE of Rule 26(a)(2)(C) Disclosure filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
June 27, 2017 Opinion or Order Filing 250 REDACTED VERSION of #247 Letter by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin)
June 23, 2017 Opinion or Order Filing 249 NOTICE OF SERVICE of (i) Defendant and Counterclaimant Minerva Surgical, Inc.'s Third Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and The Delaware Default Standard for Discovery, and (ii) Defendant and Counterclaimant Minerva Surgical, Inc.'s Sixth Supplemental Responses to Plaintiffs' Second Set of Interrogatories (Nos. 5, 9, 11-14) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
June 21, 2017 Opinion or Order ORAL ORDER- re #242 Joint MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the 6/21/2017 discovery dispute teleconference shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 6/21/2017. (lih)
June 21, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 6/21/2017. (Court Reporter S. Ingram (Hawkins Reporting).) (lih)
June 19, 2017 Opinion or Order Filing 248 REDACTED VERSION of #246 Letter, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen)
June 16, 2017 Opinion or Order Filing 247 [SEALED] Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding discovery dispute - re #246 Letter,. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin)
June 15, 2017 Opinion or Order Filing 246 [SEALED] Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Discovery Dispute. (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen) Modified on 6/20/2017 (lih).
June 15, 2017 Opinion or Order Filing 245 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Third Supplemental Objections and Response to Defendant Minerva Surgical, Inc.'s Interrogatory No. 7 filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
June 12, 2017 Opinion or Order ORAL ORDER- IT IS HEREBY ORDERED that: the teleconference set in this matter for 6/21/2017 at 2:00 PM is RESCHEDULED to 12:30 PM in Courtroom 6C before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 6/12/2017. (lih)
June 7, 2017 Opinion or Order Filing 244 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Supplemental Responses and Objections to Defendant Minerva Surgical, Inc.'s Interrogatory Nos. 6-7 filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
May 31, 2017 Opinion or Order Filing 243 NOTICE requesting Clerk to remove Gina H. Cremona as co-counsel. Reason for request: no longer with the firm of Wilson Sonsini Goodrich & Rosati, P.C.. (Schladweiler, Benjamin)
May 30, 2017 Opinion or Order SO ORDERED- re #242 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 6/21/2017 at 02:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 6/15/2017, Responsive submission due by no later than 2:00 PM on 6/16/2017.). Signed by Judge Sherry R. Fallon on 5/30/2017. (lih)
May 26, 2017 Opinion or Order Filing 242 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
May 19, 2017 Opinion or Order Filing 241 AMENDED SCHEDULING ORDER: Expert Discovery due by 9/8/2017. A Status Conference re: Expert Discovery is set for 9/19/2017 at 04:00 PM in Courtroom 4B before Judge Sue L. Robinson Dispositive Motions due by 9/22/2017. An Oral Argument is set for 12/1/2017 at 01:00 PM in Courtroom 4B before Judge Sue L. Robinson. A Final Pretrial Conference is set for 1/29/2018 at 03:00 PM in Courtroom 4B before Judge Sue L. Robinson. A Jury Trial is set for 2/12/2018 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 5/18/2017. (nmfn)
May 18, 2017 Opinion or Order Filing 240 NOTICE OF SERVICE of Defendant Minerva Surgical Inc.'s Second Supplemental Invalidity Contentions filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
May 18, 2017 Opinion or Order Filing 239 STIPULATION and Order to Amend Scheduling Order by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Letter to the Honorable Sue L. Robinson)(Pascale, Karen)
May 15, 2017 Opinion or Order Filing 238 NOTICE OF SERVICE of Plaintiffs Election of Asserted Patents and Claims filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
May 15, 2017 Opinion or Order Filing 237 REDACTED VERSION of #234 Letter by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
May 12, 2017 Opinion or Order Filing 236 REDACTED VERSION of #233 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 5/15/2017 (lih).
May 9, 2017 Opinion or Order Filing 235 Official Transcript of Discovery Dispute held on 05-08-17 before Judge Sherry R. Fallon. Court Reporter/Transcriber Leonard A. Dibbs. 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. Redaction Request due 5/30/2017. Redacted Transcript Deadline set for 6/9/2017. Release of Transcript Restriction set for 8/7/2017. (lad)
May 8, 2017 Opinion or Order ORAL ORDER - The transcript of the 5/8/2017 discovery dispute teleconference shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 5/8/2017. (lih)
May 8, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 5/8/2017. (Court Reporter L. Dibbs.) (lih)
May 8, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sue L. Robinson - Telephonic Status Conference held on 5/8/2017. (Court Reporter V. Gunning.) Counsel to submit a proposed revised scheduling order to the court. (nmfn)
May 6, 2017 Opinion or Order Filing 234 [SEALED] Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding discovery dispute - re #233 Letter. (Schladweiler, Benjamin)
May 6, 2017 Opinion or Order Filing 233 [SEALED] Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Discovery Issue for May 8, 2017 Teleconference - re Order Setting Teleconference,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pascale, Karen)
May 5, 2017 Opinion or Order Set/Reset Hearings: The In-Person Status Conference has been rescheduled per request of counsel as a Telephonic Status Conference for 5/8/2017 at 04:30 PM before Judge Sue L. Robinson. (nmfn)
May 5, 2017 Opinion or Order ORAL ORDER Setting Discovery Dispute Teleconference: A Telephone Conference is set for 5/8/2017 at 10:00 AM before Judge Sherry R. Fallon. Plaintiff's counsel to initiate the call to 302-573-4557. Plaintiff's opening letter submission shall be due no later than May 6, 2017 at 1:00 p.m. Defendant's answering letter submission shall be due no later than May 6, 2017 at 5:00 p.m. Signed by Judge Sherry R. Fallon on 5/5/2017. (Polito, Rebecca)
May 2, 2017 Opinion or Order Filing 232 NOTICE OF SERVICE of (i) Defendant and Counter-Claimant Minerva Surgical, Inc.'s First Supplemental Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-3), and (ii) Defendant and Counter-Claimant Minerva Surgical, Inc.'s Fifth Supplemental Responses to Plaintiffs' Second Set of Interrogatories (Nos. 5-6, 8-14) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
May 1, 2017 Opinion or Order Filing 231 NOTICE OF SERVICE of 1) Plaintiffs' Objections and Responses to Defendant's Fourth Set of Interrogatories (Nos. 12-20) [HIGHLY CONFIDENTIAL OUTSIDE COUNSEL EYES ONLY]; 2)Plaintiffs' Objections and Response to Defendant's Fourth Set of Requests for Production (No. 45); 3) Plaintiffs' Objections and Responses to Defendant's Fourth Set of Requests for Admission (Nos. 21-60) [HIGHLY CONFIDENTIAL OUTSIDE COUNSEL EYES ONLY]; and 4) Plaintiffs' Second Supplemental Objections and Responses to Defendant's Interrogatory Nos. 2, 8-11 [HIGHLY CONFIDENTIAL OUTSIDE COUNSEL EYES ONLY] filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
May 1, 2017 Opinion or Order Pro Hac Vice Attorney Edward G. Poplawski for Minerva Surgical, 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. (ceg)
April 28, 2017 Opinion or Order Filing 230 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Supplemental Invalidity Contentions filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
April 28, 2017 Opinion or Order Filing 229 MOTION for Pro Hac Vice Appearance of Attorney Edward G. Poplawski - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
April 28, 2017 Opinion or Order SO ORDERED, re #229 MOTION for Pro Hac Vice Appearance of Attorney Edward G. Poplawski filed by Minerva Surgical, Inc. Signed by Judge Sue L. Robinson on 4/28/2017. (fms)
April 24, 2017 Opinion or Order Filing 228 NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Second Notice of Rule 30(b)(6) Deposition (D.I. 224) re #224 Notice (Other) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
April 24, 2017 Opinion or Order Filing 227 MEMORANDUM ORDER re: claim construction. Signed by Judge Sue L. Robinson on 4/24/2017. (nmfn)
April 19, 2017 Opinion or Order Filing 226 NOTICE OF SERVICE of Non-Party Rohan Hastie's Objections and Responses to Minerva's Subpoena for Production of Documents filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
April 19, 2017 Opinion or Order Filing 225 Official Transcript of Markman hearing held on February 24, 2017 before Judge Robinson. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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. Redaction Request due 5/10/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/18/2017. (vjg)
April 17, 2017 Opinion or Order Filing 224 NOTICE of Defendant Minerva Surgical, Inc.'s Second Notice of Rule 30(b)(6) Deposition to Plaintiff Hologic, Inc. by Minerva Surgical, Inc. (Schladweiler, Benjamin)
April 13, 2017 Opinion or Order Filing 223 NOTICE OF SERVICE of 1) Non-Party Adam Jay's Objections and Responses to Minerva's Subpoena for Production of Documents; and 2) Non-Party Dominic Hulton's Objections and Responses to Minervas Subpoena for Production of Documents filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
April 13, 2017 Opinion or Order Filing 222 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Second Supplemental Responses and Objections to Defendant Minerva Surgical, Inc.'s Third Set of Interrogatories (No. 7) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
April 12, 2017 Opinion or Order Filing 221 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Supplemental Claim Charts filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
April 12, 2017 Opinion or Order Filing 220 NOTICE OF SERVICE of Defendant and Counter-Claimant Minerva Surgical, Inc.'s Fourth Supplemental Responses to Plaintiffs' Second Set of Interrogatories (Nos. 8, 9) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
April 12, 2017 Opinion or Order SO ORDERED, re #218 Stipulation filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Signed by Judge Sherry R. Fallon on 4/12/2017. (Polito, Rebecca)
April 11, 2017 Opinion or Order Filing 219 NOTICE OF SERVICE of 1) Non-Party Gregory T. Martin's Objections and Responses to Minerva's Subpoena for Production of Documents; 2) Non-Party Shacey Petrovic's Objections and Responses to Minerva's Subpoena for Production of Documents; and 3) Non-Party David Schwartz's Objections and Responses to Minerva's Subpoena for Production of Documents filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
April 10, 2017 Opinion or Order Filing 218 STIPULATION and Order to Amend Scheduling Order re #134 Scheduling Order,,,,, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
April 7, 2017 Opinion or Order Pro Hac Vice Attorney Neil N. Desai for Minerva Surgical, 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. (ceg)
April 7, 2017 Opinion or Order SO ORDERED, re #217 MOTION for Pro Hac Vice Appearance of Attorney Neil N. Desai filed by Minerva Surgical, Inc.. Signed by Judge Sherry R. Fallon on 4/7/2017. (Polito, Rebecca)
April 6, 2017 Opinion or Order Filing 217 MOTION for Pro Hac Vice Appearance of Attorney Neil N. Desai - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
March 31, 2017 Opinion or Order Filing 216 NOTICE OF SERVICE of Plaintiff Hologic, Inc.'s and Cytyc Surgical Products, LLC's Supplemental Responses and Objections to Defendant Minerva Surgical, Inc.'s Interrogatory Nos. 2, 4, 8 11 filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
March 30, 2017 Opinion or Order Filing 215 NOTICE OF SERVICE of (i) Defendant Minerva Surgical, Inc.'s Fourth Set of Interrogatories (Nos. 12-20), (ii) Defendant and Counterclaimant Minerva Surgical, Inc.'s Fourth Set of Requests for Production (No. 45), and (iii) Defendant Minerva Surgical, Inc.'s Second Set of Requests for Admission (Nos. 21-60) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
March 29, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 3/29/2017. (Court Reporter S. Ingram (Hawkins Reporting).) (Polito, Rebecca)
March 29, 2017 Opinion or Order ORAL ORDER re #203 MOTION for Teleconference to Resolve Discovery Dispute filed by Minerva Surgical, Inc. The transcript of the 3/29/2017 discovery dispute hearing shall serve as the order of the court. Signed by Judge Sherry R. Fallon on 3/29/2017. (Polito, Rebecca)
March 28, 2017 Opinion or Order Filing 214 NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Notice of Rule 30(b)(6) Deposition (D.I. 207) re #207 Notice (Other) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
March 27, 2017 Opinion or Order SO ORDERED, re #213 MOTION for Pro Hac Vice Appearance of Attorney David A., Caine Philip W. Marsh, and William Z. Louden filed by Cytyc Surgical Products, LLC, Hologic, Inc. Signed by Judge Sue L. Robinson on 3/27/2017. (fms)
March 24, 2017 Opinion or Order Filing 213 MOTION for Pro Hac Vice Appearance of Attorney David A., Caine Philip W. Marsh, and William Z. Louden - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
March 24, 2017 Opinion or Order Filing 212 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Objections to Plaintiffs' Notice of Deposition of Minerva Surgical, Inc. Pursuant to Federal Rule of Civil Procedure 30 (b)(6) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
March 24, 2017 Opinion or Order Filing 211 Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Production of Hologic's Design History File - re SO ORDERED,,. (Pascale, Karen)
March 24, 2017 Opinion or Order Pro Hac Vice Attorney Peter E. Root for Cytyc Surgical Products, LLC,Peter E. Root for Hologic, 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. (lmm)
March 23, 2017 Opinion or Order Filing 210 Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding discovery dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schladweiler, Benjamin)
March 22, 2017 Opinion or Order Filing 209 MOTION for Pro Hac Vice Appearance of Attorney Peter Root - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
March 22, 2017 Opinion or Order SO ORDERED, re #209 MOTION for Pro Hac Vice Appearance of Attorney Peter Root filed by Cytyc Surgical Products, LLC, Hologic, Inc. Signed by Judge Sue L. Robinson on 3/22/2017. (fms)
March 17, 2017 Opinion or Order Filing 208 NOTICE OF SERVICE of Defendant and Counter-Claimant Minerva Surgical, Inc.'s Third Supplemental Responses to Plaintiffs' Second Set of Interrogatories (No. 8) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
March 15, 2017 Opinion or Order Filing 207 NOTICE of Defendant Minerva Surgical, Inc.s First Rule 30(b)(6) Deposition to Plaintiff Hologic, Inc. by Minerva Surgical, Inc. (Schladweiler, Benjamin)
March 13, 2017 Opinion or Order Filing 206 NOTICE to Take Deposition of Defendant Minerva Surgical, Inc. on mutually agreeable dates filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
February 24, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sue L. Robinson - Markman Hearing held on 2/24/2017. (Court Reporter V. Gunning.) (nmfn)
February 21, 2017 Opinion or Order Filing 205 REDACTED VERSION of #200 Declaration / Declaration of Dr. Robert Tucker, Ph.D., M.D. by Minerva Surgical, Inc.. (Attachments: #1 Appendix A, #2 Appendix B)(Schladweiler, Benjamin)
February 21, 2017 Opinion or Order Filing 204 REDACTED VERSION of #199 Claim Construction Answering Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 16, 2017 Opinion or Order Filing 203 MOTION for Teleconference to Resolve Discovery Dispute - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
February 16, 2017 Opinion or Order Filing 202 DECLARATION re #201 Claim Construction Opening Brief --Declaration of Gregory T. Martin [Corrected] -- by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Certificate of Compliance A)(Pascale, Karen)
February 16, 2017 Opinion or Order Filing 201 CLAIM CONSTRUCTION OPENING BRIEF [Corrected] filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
February 16, 2017 Opinion or Order SO ORDERED, re #203 MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 3/29/2017 at 2:00 PM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 3/23/2017, Responsive submission due by no later than 2:00 PM on 3/24/2017.). Signed by Judge Sherry R. Fallon on 2/16/2017. (Polito, Rebecca)
February 14, 2017 Opinion or Order Filing 200 [SEALED] DECLARATION re #173 Declaration / Declaration of Dr. Robert Tucker, Ph.D., M.D. (Corrected) by Minerva Surgical, Inc.. (Attachments: #1 Appendix A, #2 Appendix B)(Schladweiler, Benjamin)
February 14, 2017 Opinion or Order Filing 199 [SEALED] CLAIM CONSTRUCTION ANSWERING BRIEF re #171 Claim Construction Answering Brief (Corrected) filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 13, 2017 Opinion or Order Filing 198 REDACTED VERSION of #193 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 10, 2017 Opinion or Order Filing 197 DECLARATION re #195 Claim Construction Surreply Brief / Declaration of Gina H. Cremona, Esq. by Minerva Surgical, Inc.. (Attachments: #1 Exhibit BB, #2 Exhibit CC, #3 Exhibit DD, #4 Exhibit EE, #5 Exhibit FF, #6 Exhibit GG)(Schladweiler, Benjamin)
February 10, 2017 Opinion or Order Filing 196 DECLARATION re #195 Claim Construction Surreply Brief / Declaration of Dr. Robert Tucker, Ph.D., M.D. by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 10, 2017 Opinion or Order Filing 195 CLAIM CONSTRUCTION SURREPLY BRIEF filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 10, 2017 Opinion or Order Filing 194 Joint APPENDIX re #171 Claim Construction Answering Brief, #159 Claim Construction Opening Brief, #184 Claim Construction Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Pages JA-001 to JA-108, #2 Pages JA-109 to JA-266, #3 Pages JA-267 to JA-528, #4 Pages JA-529 to JA-708, #5 Pages JA-709 to JA-901, #6 Pages JA-902 to JA-1060, #7 Pages JA-1061 to JA-1219)(Pascale, Karen)
February 8, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Hearing held on 2/8/2017. (Court Reporter T. Carroll (Hawkins Reporting).) (Polito, Rebecca)
February 8, 2017 Opinion or Order ORAL ORDER re #188 Joint MOTION for Teleconference to Resolve Discovery Dispute - The transcript of the 2/8/2017 discovery dispute hearing shall serve as the order of the court. Signed by Judge Sherry R. Fallon on 2/8/2017. (Polito, Rebecca)
February 7, 2017 Opinion or Order Filing 193 [SEALED] REPLY BRIEF re #174 MOTION to Strike Improper Testimony Regarding the Accused Product Relied Upon by Plaintiffs in Their Opening Claim Construction Brief filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 6, 2017 Opinion or Order Filing 192 NOTICE OF SERVICE of Second Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and the Delaware Default Standard For Discovery filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
February 3, 2017 Opinion or Order Filing 191 Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding discovery dispute - re #189 Letter. (Schladweiler, Benjamin)
February 3, 2017 Opinion or Order Filing 190 REDACTED VERSION of #183 Response to Motion, by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
February 2, 2017 Opinion or Order Filing 189 Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding discovery dispute. (Attachments: #1 Exhibit A)(Pascale, Karen)
February 2, 2017 Opinion or Order Pro Hac Vice Attorney Assad Rajani for Cytyc Surgical Products, LLC and Hologic, 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. (ceg)
February 2, 2017 Opinion or Order NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #189 . (lih)
February 1, 2017 Opinion or Order Filing 188 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
February 1, 2017 Opinion or Order Filing 187 MOTION for Pro Hac Vice Appearance of Attorney Assad Rajani - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
February 1, 2017 Opinion or Order SO ORDERED- re #188 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 2/8/2017 at 03:00 PM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 4:00 PM on 2/2/2017, Responsive submission due by no later than 4:00 PM on 2/3/2017.) Signed by Judge Sherry R. Fallon on 2/1/2017. (lih)
February 1, 2017 Opinion or Order SO ORDERED, re #187 MOTION for Pro Hac Vice Appearance of Attorney Assad Rajani filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Signed by Judge Sue L. Robinson on 2/1/2017. (fms)
January 31, 2017 Opinion or Order Filing 186 DECLARATION of Gregory T. Martin, Ph.D. re #184 Claim Construction Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/1/2017 (lih).
January 31, 2017 Opinion or Order Filing 185 DECLARATION of Karen L. Pascale re #184 Claim Construction Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 28, #2 Exhibit 29, #3 Exhibit 30, #4 Exhibit 31, #5 Exhibit 32)(Pascale, Karen) Modified on 2/1/2017 (lih).
January 31, 2017 Opinion or Order Filing 184 CLAIM CONSTRUCTION REPLY BRIEF re #159 Claim Construction Opening Brief filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
January 31, 2017 Opinion or Order Filing 183 [SEALED] RESPONSE to Motion re #174 MOTION to Strike Improper Testimony Regarding the Accused Product Relied Upon by Plaintiffs in Their Opening Claim Construction Brief filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
January 30, 2017 Opinion or Order Filing 182 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Third Set of Requests for Production (Nos. 36-44) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
January 30, 2017 Opinion or Order Filing 181 ORDER, Rescheduling Hearings( The Markman Hearing is rescheduled for 2/24/2017 at 09:30 AM in Courtroom 4B before Judge Sue L. Robinson.) Signed by Judge Sue L. Robinson on 1/30/2017. (nmfn)
January 26, 2017 Opinion or Order SO ORDERED- re #180 Joint STIPULATION to Amend Scheduling Order. Signed by Judge Sherry R. Fallon on 1/26/2017. (lih)
January 25, 2017 Opinion or Order Filing 180 Joint STIPULATION to Amend Scheduling Order by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 24, 2017 Opinion or Order Filing 179 REDACTED VERSION of #174 MOTION to Strike Improper Testimony Regarding the Accused Product Relied Upon by Plaintiffs in Their Opening Claim Construction Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 24, 2017 Opinion or Order Filing 178 REDACTED VERSION of #173 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Appendix A, #2 Appendix B)(Schladweiler, Benjamin) Modified on 1/25/2017 (lih).
January 24, 2017 Opinion or Order Filing 177 REDACTED VERSION of #172 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Schladweiler, Benjamin) Modified on 1/25/2017 (lih).
January 24, 2017 Opinion or Order Filing 176 REDACTED VERSION of #171 Claim Construction Answering Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 18, 2017 Opinion or Order Filing 175 NOTICE OF SERVICE of Defendant and Counter-Plaintiff Minerva Surgical, Inc.'s Second Supplemental Response to Plaintiffs' Second Set of Interrogatories (No. 7) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
January 17, 2017 Opinion or Order Motions No Longer Referred: #174 MOTION to Strike Improper Testimony Regarding the Accused Product Relied Upon by Plaintiffs in Their Opening Claim Construction Brief . The automatic referral generated by the system has been removed for this motion. (nmfn)
January 17, 2017 Opinion or Order Filing 174 [SEALED] MOTION to Strike Improper Testimony Regarding the Accused Product Relied Upon by Plaintiffs in Their Opening Claim Construction Brief - filed by Minerva Surgical, Inc.(Schladweiler, Benjamin) Modified on 1/18/2017 (nmfn).
January 17, 2017 Opinion or Order Filing 173 (THIS HAS BEEN CORRECTED - SEE D.I. 200) [SEALED] DECLARATION of Dr. Robert Tucker, Ph.D., M.D. re #171 Claim Construction Answering Brief by Minerva Surgical, Inc.. (Attachments: #1 Appendix A, #2 Appendix B)(Schladweiler, Benjamin) Modified on 1/18/2017 (lih). Modified on 2/15/2017 (fms).
January 17, 2017 Opinion or Order Filing 172 [SEALED] DECLARATION of Gina H. Cremona re #171 Claim Construction Answering Brief by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Schladweiler, Benjamin) Modified on 1/18/2017 (lih).
January 17, 2017 Opinion or Order Filing 171 (THIS HAS BEEN CORRECTED - SEE D.I. 199) [SEALED] CLAIM CONSTRUCTION ANSWERING BRIEF filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/15/2017 (fms).
January 11, 2017 Opinion or Order Filing 170 NOTICE OF SERVICE of Second Supplemental Disclosure of Proposed Constructions for Non-Overlapping Terms and Identification of Evidence filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
January 9, 2017 Opinion or Order Filing 169 REDACTED VERSION of #166 Letter by Minerva Surgical, Inc.. (Attachments: #1 Exhibits A-B)(Schladweiler, Benjamin)
January 9, 2017 Opinion or Order CORRECTING ENTRY: The deficiency notice previously docketed regarding courtesy copies has been deleted and replaced with the correct deficiency notice regarding redacted documents. (lih)
January 9, 2017 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #166 . (lih)
January 5, 2017 Opinion or Order ORAL ORDER - re #163 Joint MOTION for Conference to Resolve Discovery Disputes. The transcript of the 1/5/2017 discovery dispute hearing shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 1/5/2017. (lih)
January 5, 2017 Opinion or Order Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Hearing held on 1/5/2017. (Court Reporter T. Carroll (Hawkins Reporting).) (lih)
January 5, 2017 Opinion or Order Filing 168 REDACTED VERSION of #164 Letter by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 8)(Pascale, Karen) Modified on 1/5/2017 (lih).
January 3, 2017 Opinion or Order Filing 167 NOTICE OF SERVICE of Defendant and Counterclaimant Minerva Surgical, Inc.'s Third Set of Requests for Production (Nos. 36-44) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
December 30, 2016 Opinion or Order Filing 166 [SEALED] Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding discovery dispute - re #164 Letter. (Attachments: #1 Exhibit A-B)(Schladweiler, Benjamin)
December 29, 2016 Opinion or Order Filing 165 NOTICE OF SERVICE of Defendant and Counter-Claimant Minerva Surgical, Inc.'s First Supplemental Responses to Plaintiffs' Second Set of Interrogatories (Nos. 7, 9 and 15) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
December 29, 2016 Opinion or Order Filing 164 [SEALED] Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding discovery disputes. (Attachments: #1 Exhibit 1 - 8)(Pascale, Karen)
December 29, 2016 Opinion or Order SO ORDERED- re #163 Joint MOTION for Conference to Resolve Discovery Disputes. The discovery should be heard during the 1/5/2017 discovery review hearing previously set in this matter. Signed by Judge Sherry R. Fallon on 12/29/2016. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than noon on 12/29/2016, Responsive submission due by no later than noon on 12/30/2016.) Signed by Judge Sherry R. Fallon on 12/29/2016. (lih)
December 28, 2016 Opinion or Order Filing 163 Joint MOTION for Conference to Resolve Discovery Disputes - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
December 27, 2016 Opinion or Order Filing 162 Joint Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Discovery Disputes. (Pascale, Karen) Modified on 12/27/2016 (lih).
December 22, 2016 Opinion or Order Filing 161 DECLARATION of Karen L. Pascale re #159 Claim Construction Opening Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 27)(Pascale, Karen) Modified on 12/27/2016 (lih).
December 22, 2016 Opinion or Order Filing 160 (THIS HAS BEEN CORRECTED - SEE D.I. #202 ) DECLARATION of Gregory T. Martin, Ph.D. re #159 Claim Construction Opening Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A)(Pascale, Karen) Modified on 12/27/2016 (lih). Modified on 2/16/2017 (fms).
December 22, 2016 Opinion or Order Filing 159 (THIS HAS BEEN CORRECTED - SEE D.I. #201 ) CLAIM CONSTRUCTION OPENING BRIEF filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/16/2017 (fms).
December 15, 2016 Opinion or Order SO ORDERED, re #158 Stipulation re: Claim Construction Briefing filed by Cytyc Surgical Products, LLC, Hologic, Inc. Signed by Judge Sue L. Robinson on 12/15/2016. (fms)
December 13, 2016 Opinion or Order Filing 158 STIPULATION Re: Claim Construction Briefing by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 8, 2016 Opinion or Order Filing 157 ORDER Setting Mediation Conferences: A Mediation Conference is set for 1/5/2017 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 12/8/2016. (lih)
December 8, 2016 Opinion or Order CASE REFERRED to Magistrate Judge Fallon for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (lih)
December 8, 2016 Opinion or Order ORAL ORDER- IT IS HEREBY ORDERED that: A Discovery Review Hearing is set for 1/5/2017 at 03:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Counsel for the parties and knowledgeable party representatives are to attend in person. Ordered by Judge Sherry R. Fallon on 12/8/2016. (lih)
December 2, 2016 Opinion or Order Filing 156 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Supplemental Disclosure of Proposed Constructions for Non-Overlapping Terms and Identification of Evidence filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
December 2, 2016 Opinion or Order Filing 155 CLAIM Construction Chart by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 1, 2016 Opinion or Order Filing 154 Joint Discovery Status REPORT by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/2/2016 (lih).
November 10, 2016 Opinion or Order Filing 153 NOTICE OF SERVICE of 1) Plaintiffs' Objections and Responses to Defendant's Second Set of Requests for Production of Documents and Things (Nos. 16-35); and 2) Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Responses and Objections to Defendant Minerva Surgical, Inc.'s Third Set of Interrogatories (Nos. 6-11) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
November 8, 2016 Opinion or Order Filing 152 NOTICE OF SERVICE of (i) Defendant and Counter-Claimant Minerva Surgical, Inc.'s Responses to Plaintiffs' Second Set of Interrogatories (Nos. 5-16), and (ii) Defendant's Response to Plaintiffs' Reiterated First Set of Requests for Production of Documents and Things (Nos. 1-15) and Second Set of Requests for Production of Documents and Things (Nos. 16-37) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
November 4, 2016 Opinion or Order Filing 151 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Counter-Proposals to Minerva Surgical, Inc.'s Proposed Terms for Construction filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
November 4, 2016 Opinion or Order Filing 150 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Disclosure of Proposed Constructions for Non-Overlapping Terms and Identification of Evidence filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
October 21, 2016 Opinion or Order Filing 149 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Identification of Claim Terms for Construction filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
October 21, 2016 Opinion or Order Filing 148 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Proposed Claim Terms and Constructions filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
October 7, 2016 Opinion or Order Filing 147 NOTICE OF SERVICE of (i) Defendant Minerva Surgical, Inc.'s Second Set of Requests for Production (Nos. 16-35), and (ii) Defendant Minerva Surgical, Inc.'s Third Set of Interrogatories (Nos. 6-11) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
October 4, 2016 Opinion or Order Filing 146 NOTICE OF SERVICE of (1) Plaintiffs' Second Set of Interrogatories (Nos. 5-16) and (2) Plaintiffs' Reiterated First Set of Requests for Production of Documents and Things (Nos. 1-15) and Second Set of Requests for Production of Documents and Things (Nos. 16-37) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
September 30, 2016 Opinion or Order Filing 145 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Initial Invalidity Contentions filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
September 26, 2016 Opinion or Order ORAL ORDER- Pursuant to the joint request of counsel, IT IS HEREBY ORDERED that: the discovery review hearing set in this matter for 9/27/2016 is CANCELLED. IT IS FURTHER ORDERED that: on or before 12/1/2016, counsel shall submit a joint letter, limited to no more than four pages, that addresses the following: whether the initial exchanges have been meaningful; whether discovery of paper and electronic documents is being completed in accordance with the scheduling order; whether the parties anticipate the need to seek amendment of any deadlines for fact discovery in the current scheduling order; and whether the parties request a discovery review conference to address any fact discovery related issues. Ordered by Judge Sherry R. Fallon on 9/26/2016. (lih)
August 26, 2016 Opinion or Order Filing 144 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Initial Claim Charts [HIGHLY CONFIDENTIAL OUTSIDE COUNSEL'S EYES ONLY] filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
August 26, 2016 Opinion or Order Filing 143 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and The Delaware Default Standard for Discovery filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
August 12, 2016 Opinion or Order CORRECTING ENTRY: Pursuant to conversation with counsel, the proposed order previously filed as D.I. 143 has been deleted. (lih)
August 10, 2016 Opinion or Order ORAL ORDER- #142 Stipulated Order re Discovery of Electronically Stored Information. Regarding section 3(a): Hologic's proposal of ten custodians is granted. Minerva's proposal is denied. Regarding Section 5(b): Hologic's proposal is denied. Minerva's proposal is granted. The remainder of the proposed order is granted without revisions. Signed by Judge Sherry R. Fallon on 8/10/2016. (lih)
August 10, 2016 Opinion or Order SO ORDERED- re #140 Stipulated Protective Order. Signed by Judge Sherry R. Fallon on 8/10/2016. (lih)
August 8, 2016 Opinion or Order Filing 142 Stipulated Order re Discovery of Electronically Stored Information by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 8/8/2016 (lih).
August 8, 2016 Opinion or Order CORRECTING ENTRY: Docket clerk has deleted the proposed order previously attached to D.I. #141 . Counsel is advised that when filing a proposed order with letter in support, the proposed order must be filed separately with the letter as an attachment or the two documents may be filed separately all together. Counsel is advised to re-file the proposed order separately. (lih)
August 5, 2016 Opinion or Order Filing 141 Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Proposed ESI Order. (Attachments: # 1 Proposed ESI Order)(Pascale, Karen)
August 5, 2016 Opinion or Order Filing 140 Stipulated Protective Order by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 8/8/2016 (lih).
August 2, 2016 Opinion or Order ORAL ORDER- Pursuant to the joint request of counsel, IT IS HEREBY ORDERED that: the discovery review hearing set in this matter for 9/20/2016 is RESCHEDULED to 9/27/2016 at 03:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 8/2/2016. (lih)
August 2, 2016 Opinion or Order SO ORDERED- re #136 STIPULATION TO EXTEND TIME for the Parties to submit a Proposed Protective Order and ESI Order to August 5, 2016. Signed by Judge Sherry R. Fallon on 8/2/2016. (lih)
August 1, 2016 Opinion or Order Filing 139 NOTICE requesting Clerk to remove Amie L. Medley as co-counsel. Reason for request: No longer associated with the law firm of Arnold & Porter LLP. (Pascale, Karen)
July 29, 2016 Opinion or Order Filing 138 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and Section 3 of the Court's Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
July 29, 2016 Opinion or Order Filing 137 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and the Delaware Default Standard for Discovery filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
July 29, 2016 Opinion or Order Filing 136 STIPULATION TO EXTEND TIME for the Parties to submit a Proposed Protective Order and ESI Order to August 5, 2016 - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
July 28, 2016 Opinion or Order Filing 135 ORDER- A Discovery Review Hearing is set for 9/20/2016 at 03:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 7/28/2016. (lih)
July 21, 2016 Opinion or Order Filing 134 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Case referred to the Magistrate Judge for discovery and all motions to dismiss, amend, transfer and any discovery motions permitted by the Magistrate Judge. Joinder of Parties due by 3/1/2017. Amended Pleadings due by 3/1/2017. Fact Discovery completed by 5/1/2017. Expert Discovery due by 8/4/2017. A Status Conference is set for 5/8/2017 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson Dispositive Motions due by 8/18/2017. An Oral Argument is set for 10/27/2017 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. Claim Construction Opening Brief due by 12/22/2016. Claim Construction Answering Brief due by 1/17/2017. Claim Construction Reply Brief due by 1/31/2017. Claim Construction Surreply Brief due by 2/10/2017. A Markman Hearing is set for 2/24/2017 at 01:00 PM in Courtroom 4B before Judge Sue L. Robinson. A Status Conference re: Expert Discovery is set for 8/14/2017 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson. A Final Pretrial Conference is set for 1/11/2018 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson. A Jury Trial is set for 1/22/2018 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 7/19/2016. (nmfn)
July 20, 2016 Opinion or Order Filing 133 NOTICE OF SERVICE of Plaintiffs Hologic, Inc.'s and Cytyc Surgical Products, LLC's Initial Identification of Asserted Patents, Accused Products, and Damages Model filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
July 18, 2016 Opinion or Order Filing 132 PROPOSED ORDER Scheduling Order by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Letter to The Honorable Sue L. Robinson)(Pascale, Karen)
June 30, 2016 Opinion or Order Minute Entry for proceedings held before Judge Sue L. Robinson - Telephonic Scheduling Conference held on 6/30/2016. (Court Reporter not present.) Counsel to submit the final proposed scheduling order to the court. (nmfn)
June 29, 2016 Opinion or Order Filing 131 PROPOSED ORDER -- Proposed Scheduling Order -- by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Letter)(Pascale, Karen)
June 28, 2016 Opinion or Order Reset Hearings: The Scheduling Conference will be held by telephone on 6/30/2016 at 03:30 PM before Judge Sue L. Robinson. Counsel for plaintiffs shall coordinate and initiate the call. (nmfn)
June 7, 2016 Opinion or Order Filing 130 Order Setting In-Person Patent Scheduling Conference: A Scheduling Conference is set for 6/30/2016 at 03:30 PM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 6/7/2016. (nmfn)
June 3, 2016 Opinion or Order Filing 129 Letter to The Honorable Sue L. Robinson from Karen L. Pascale regarding Request for scheduling conference. (Pascale, Karen)
June 2, 2016 Opinion or Order Filing 128 MEMORANDUM ORDER denying #94 MOTION for Preliminary Injunction filed by Minerva Surgical, Inc. Signed by Judge Sue L. Robinson on 6/2/2016. (nmfn)
June 2, 2016 Opinion or Order Filing 127 MEMORANDUM ORDER denying #9 MOTION for Preliminary Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc. Signed by Judge Sue L. Robinson on 6/2/2016. (nmfn)
May 6, 2016 Opinion or Order Filing 126 REDACTED VERSION of #125 Statement, PLAINTIFFS' RESPONSE TO DEFENDANT'S NOTICE OF SUBSEQUENT FACT by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A - D)(Pascale, Karen)
April 29, 2016 Opinion or Order Filing 125 [SEALED] STATEMENT re #124 Notice (Other) -- Plaintiffs' Response to Defendant's Notice of Subsequent Fact by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pascale, Karen)
April 28, 2016 Opinion or Order Filing 124 NOTICE of Subsequent Fact by Minerva Surgical, Inc. re #86 Answering Brief in Opposition, (Attachments: #1 Exhibit 1)(Schladweiler, Benjamin)
April 19, 2016 Opinion or Order Filing 123 REDACTED VERSION of #119 Notice (Other), Notice of Lodging by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibits 104-113)(Schladweiler, Benjamin)
April 12, 2016 Opinion or Order Filing 122 REDACTED VERSION of #116 Declaration, - Declaration of Marc A. Cohn Volume 2 - by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 19 - 63, #2 Exhibit 64 - 67, #3 Exhibit 68, #4 Exhibit 69 - 70, #5 Exhibit 71, #6 Exhibit 72, #7 Exhibit 73 - 74)(Pascale, Karen)
April 12, 2016 Opinion or Order Filing 121 REDACTED VERSION of #115 Declaration, - Declaration of Marc A. Cohn Volume 1 - by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 10, #2 Exhibit 11, #3 Exhibit 12 Part 1, #4 Exhibit 12 Part 2, #5 Exhibit 12 Part 3, #6 Exhibit 13 - 18)(Pascale, Karen)
April 12, 2016 Opinion or Order Filing 120 REDACTED VERSION of #114 Reply Brief in Support of Motion for a Preliminary Injunction by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
April 12, 2016 Opinion or Order CORRECTING ENTRY: Per request of filer, attachment #2 to D.I. 115 has been removed and replaced with a complete version that includes a complete exhibit 10 with pages 11-13 of the exhibit. (fms)
April 12, 2016 Opinion or Order Minute Entry for proceedings held before Judge Sue L. Robinson - Oral Argument held on 4/12/2016. (Court Reporter V. Gunning.) (fms)
April 8, 2016 Opinion or Order Filing 119 [SEALED] NOTICE of Lodging by Minerva Surgical, Inc. (Attachments: #1 Exhibit A, #2 Exhibit 104, #3 Exhibit 105, #4 Exhibit 106, #5 Exhibit 107, #6 Exhibit 108, #7 Exhibit 109, #8 Exhibit 110, #9 Exhibit 111, #10 Exhibit 112, #11 Exhibit 113)(Schladweiler, Benjamin)
April 7, 2016 Opinion or Order Filing 118 NOTICE of Supplemental Authority by Minerva Surgical, Inc. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin)
April 7, 2016 Opinion or Order Filing 117 REDACTED VERSION of #113 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
April 5, 2016 Opinion or Order Filing 116 [SEALED] DECLARATION re #114 Reply Brief - Declaration of Marc A. Cohn Volume 2 - by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 19 -28, #2 Exhibit 29 - 43, #3 Exhibit 44 - 49, #4 Exhibit 50 - 58, #5 Exhibit 59 - 65, #6 Exhibit 66 - 70, #7 Exhibit 71 - 73, #8 Exhibit 74)(Pascale, Karen)
April 5, 2016 Opinion or Order Filing 115 [SEALED] DECLARATION re #114 Reply Brief - Declaration of Marc A. Cohn Volume 1 - by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 8, #2 Exhibit 9 - 11, #3 Exhibit 12 Part 1, #4 Exhibit 12 Part 2, #5 Exhibit 12 Part 3, #6 Exhibit 13 - 18)(Pascale, Karen) (Attachment 2 replaced on 4/12/2016) (fms).
April 5, 2016 Opinion or Order Filing 114 [SEALED] REPLY BRIEF re #9 MOTION for Preliminary Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
April 4, 2016 Opinion or Order Filing 113 [SEALED] REPLY BRIEF re #94 MOTION for Preliminary Injunction /[Sealed] Reply Brief in Support of Defendant Minerva Surgical, Inc.'s Motion for a Preliminary Injunction filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
April 4, 2016 Opinion or Order Filing 112 REDACTED VERSION of #106 Answer to Counterclaim by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
April 4, 2016 Opinion or Order Filing 111 REDACTED VERSION of #109 Exhibit to a Document - Exhibits 1, 4, 5, 6, 7, 8, and 9 to Declaration of Marc A. Cohn by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
April 4, 2016 Opinion or Order Filing 110 REDACTED VERSION of #107 Answering Brief in Opposition to Defendant Minerva Surgical, Inc.'s Motion for Preliminary Injunction by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
March 28, 2016 Opinion or Order Filing 109 [SEALED] EXHIBIT re #108 Declaration of Marc A. Cohn by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibits 1, 4, 5, 6, 7, 8, and 9, #2 Certificate of Service)(Pascale, Karen)
March 28, 2016 Opinion or Order Filing 108 DECLARATION re #107 Answering Brief in Opposition (Declaration of Marc A. Cohn) by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 10)(Pascale, Karen)
March 28, 2016 Opinion or Order Filing 107 [SEALED] ANSWERING BRIEF in Opposition re #94 MOTION for Preliminary Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 4/7/2016. (Pascale, Karen)
March 28, 2016 Opinion or Order Filing 106 [SEALED] ANSWER to #83 Answer to Amended Complaint,, Counterclaim, (Plaintiffs' Answer to Defendant's Counterclaims) by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
March 22, 2016 Opinion or Order CORRECTING ENTRY: The pdfs of D.I. #86 and D.I. #88 have been replaced with corrected versions to include the correct citations per request of filer. (nmfn)
March 18, 2016 Opinion or Order Filing 105 REDACTED VERSION of #92 Declaration / Declaration of Jeffrey Mountain by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 18, 2016 Opinion or Order Filing 104 REDACTED VERSION of #91 Declaration / Declaration of Thomas Pendlebury by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 18, 2016 Opinion or Order Filing 103 REDACTED VERSION of #89 Declaration / Declaration of Dr. Evgueni Skalnyi, M.D. by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 18, 2016 Opinion or Order Filing 102 REDACTED VERSION of #88 Declaration, Expert Declaration of Dr. Robert Tucker, Ph.D., M.D. by Minerva Surgical, Inc.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D)(Schladweiler, Benjamin)
March 18, 2016 Opinion or Order Filing 101 REDACTED VERSION of #87 Declaration,,,, Declaration of Vera M Elson by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-6, #3 Exhibit 7, #4 Exhibits 8-10, #5 Exhibit 11, #6 Exhibits 12-14, #7 Exhibits 15-24, #8 Exhibit 25, #9 Exhibits 26-28, #10 Exhibit 29, #11 Exhibits 30-42, #12 Exhibits 43-46, #13 Exhibits 47-48, #14 Exhibits 49-50, #15 Exhibit 51, #16 Exhibits 52-71, #17 Exhibit 72, #18 Exhibit 73, #19 Exhibits 74-77, #20 Exhibits 78-79, #21 Exhibits 80-81, #22 Exhibit 82, #23 Exhibit 83, #24 Exhibits 84-86, #25 Exhibits 87-90, #26 Exhibit 91, #27 Exhibit 92, #28 Exhibits 93-94, #29 Exhibits 95-103)(Schladweiler, Benjamin)
March 16, 2016 Opinion or Order Filing 100 REDACTED VERSION of #94 MOTION for Preliminary Injunction by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 16, 2016 Opinion or Order Filing 99 REDACTED VERSION of #86 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 16, 2016 Opinion or Order Filing 98 NOTICE OF SERVICE of Defendant Minerva Surgical, Inc.'s Objections to Plaintiffs' Notice of Deposition of Minerva Surgical, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
March 15, 2016 Opinion or Order Filing 97 NOTICE to Take Deposition of Csaba Truckai on at a time and place agreed upon by counsel filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
March 15, 2016 Opinion or Order Filing 96 NOTICE to Take Deposition of Defendant Minerva Surgical, Inc., pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on a date and time to be agreed upon by counsel filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
March 14, 2016 Opinion or Order Filing 95 SEALED MULTI MEDIA DOCUMENT filed by Minerva Surgical, Inc. in the form of a disc. Filing related to #87 Declaration, #93 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (fms)
March 14, 2016 Opinion or Order CORRECTING ENTRY: D.I. Nos. 93 and 94 have been re-docketed using the appropriate docket codes. (fms)
March 11, 2016 Opinion or Order Filing 94 [SEALED] MOTION for Preliminary Injunction with Proposed Order - filed by Minerva Surgical, Inc. (fms)
March 11, 2016 Opinion or Order Filing 93 NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibits 7, 8, 9, 15, 16, 19, and 25 to the Declaration of Vera M. Elson in Support of Minerva Surgical Inc.'s Opposition to Plaintiffs' Motion for a Preliminary Injunction are being manually filed UNDER SEAL with the Court and are available in disc form only. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Minerva Surgical, Inc. (fms)
March 11, 2016 Opinion or Order Filing 92 [SEALED] DECLARATION re #86 Answering Brief in Opposition / Declaration of Jeffrey Mountain by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 11, 2016 Opinion or Order Filing 91 [SEALED] DECLARATION re #86 Answering Brief in Opposition / Declaration of Thomas Pendlebury by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 11, 2016 Opinion or Order Filing 90 DECLARATION re #86 Answering Brief in Opposition / Declaration of Dr. James Mirabile M.D. by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 11, 2016 Opinion or Order Filing 89 [SEALED] DECLARATION re #86 Answering Brief in Opposition / Declaration of Dr. Evgueni Skalnyi M.D. by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 11, 2016 Opinion or Order Filing 88 [SEALED] DECLARATION re #86 Answering Brief in Opposition / Declaration of Dr. Robert Tucker, Ph.D., M.D. by Minerva Surgical, Inc.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D)(Schladweiler, Benjamin) (Main Document 88 replaced on 3/22/2016) (nmfn, ).
March 11, 2016 Opinion or Order Filing 87 [SEALED] DECLARATION re #86 Answering Brief in Opposition by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 1-3, #2 Exhibit 4, #3 Exhibits 5-6, #4 Exhibit 10 - Part 1 of 3, #5 Exhibit 10 - Part 2 of 3, #6 Exhibit 10 - Part 3 of 3, #7 Exhibit 11, #8 Exhibits 12-14, 17-18, 20-21, #9 Exhibits 22-24, 26-28, #10 Exhibit 29, #11 Exhibits 30-42, #12 Exhibits 43-46, #13 Exhibits 47-48, #14 Exhibits 49-50, #15 Exhibits 51-52, #16 Exhibits 53-54, #17 Exhibit 55 - Part 1 of 2, #18 Exhibit 55 - Part 2 of 2, #19 Exhibits 56-66, #20 Exhibits 67-71, #21 Exhibit 72, #22 Exhibit 73, #23 Exhibits 74-77, #24 Exhibits 78-79, #25 Exhibits 80-81, #26 Exhibit 82, #27 Exhibit 83, #28 Exhibit 84, #29 Exhibit 85, #30 Exhibit 86 - Part 1 of 3, #31 Exhibit 86 - Part 2 of 3, #32 Exhibit 86 - Part 3 of 3, #33 Exhibits 87-90, #34 Exhibit 91, #35 Exhibit 92, #36 Exhibits 93-94, #37 Exhibit 95, #38 Exhibit 96 - Part 1 of 3, #39 Exhibit 96 - Part 2 of 3, #40 Exhibit 96 - Part 3 of 3, #41 Exhibits 97-101, #42 Exhibits 102-103)(Schladweiler, Benjamin)
March 11, 2016 Opinion or Order Filing 86 [SEALED] ANSWERING BRIEF in Opposition re #9 MOTION for Preliminary Injunction filed by Minerva Surgical, Inc. Reply Brief due date per Local Rules is 3/21/2016. (Schladweiler, Benjamin) (Main Document 86 replaced on 3/22/2016) (nmfn, ).
March 11, 2016 Opinion or Order Filing 85 REDACTED VERSION of #83 Answer to Amended Complaint,, Counterclaim, by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 7, 2016 Opinion or Order Filing 84 MOTION for Pro Hac Vice Appearance of Attorney Gina H. Cremona - filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
March 7, 2016 Opinion or Order SO ORDERED, re #84 MOTION for Pro Hac Vice Appearance of Attorney Gina H. Cremona filed by Minerva Surgical, Inc. Signed by Judge Sue L. Robinson on 3/7/2016. (fms)
March 7, 2016 Opinion or Order Pro Hac Vice Attorney Gina H. Cremona for Minerva Surgical, 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. (klc)
March 4, 2016 Opinion or Order Filing 83 [SEALED] ANSWER to Amended Complaint, re: #70 Amended Complaint with Jury Demand , COUNTERCLAIM / Defendant Minerva Surgical, Inc.'s Answer to Hologic, Inc.'s and Cytyc Surgical Products, LLC's Second Amended Complaint for Infringement and Counterclaims against Cytyc Surgical Products, LLC, Hologic, Inc. by Minerva Surgical, Inc..(Schladweiler, Benjamin)
February 29, 2016 Opinion or Order Filing 82 MEMORANDUM ORDER denying #52 MOTION TO STRIKE // Defendant Minerva Surgical, Inc.'s Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing and Motion for Expedited Relief, denying #35 MOTION to Transfer Case to Northern District of California. Signed by Judge Sue L. Robinson on 2/29/2016. (nmfn)
February 17, 2016 Opinion or Order Filing 81 REQUEST for Oral Argument by Minerva Surgical, Inc. re #52 MOTION TO STRIKE // Defendant Minerva Surgical, Inc.'s Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing and Motion for Expedited Relief. (Attachments: #1 Certificate of Service)(Schladweiler, Benjamin)
February 16, 2016 Opinion or Order Filing 80 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Second Set of Interrogatories Relating to Preliminary Injunction Motion Issues (No. 5) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
February 12, 2016 Opinion or Order Filing 79 REDACTED VERSION of #76 Reply Brief, by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 12, 2016 Opinion or Order Filing 78 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Notice of 30(b)(6) Deposition Regarding Preliminary Injunction Motion Issues with this Notice of Service filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
February 11, 2016 Opinion or Order Filing 77 DECLARATION re #76 Reply Brief, / Declaration of Olivia M. Kim in Support of Minerva Surgical, Inc.'s Reply Brief in Support of its Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 11, 2016 Opinion or Order Filing 76 [SEALED] REPLY BRIEF re #52 MOTION TO STRIKE // Defendant Minerva Surgical, Inc.'s Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing and Motion for Expedited Relief // [SEALED] Minerva Surgical, Inc.'s Reply Brief in Support of its Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 11, 2016 Opinion or Order Filing 75 NOTICE of Defendant Minerva Surgical, Inc.'s Notice of Deposition of Michael Meier by Minerva Surgical, Inc. (Schladweiler, Benjamin)
February 11, 2016 Opinion or Order Remark re: D.I. #73 and #75 . Counsel should use the docket codes Notice of Service and Notice to Take Deposition to file documents of this nature in the future. Notice of Service and Notice to Take Deposition can be found under OTHER FILINGS, DISCOVERY DOCUMENTS. (fms) Modified on 2/11/2016 (fms).
February 8, 2016 Opinion or Order Filing 74 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Interrogatories Relating to Preliminary Injunction Motion Issues (Nos. 14) [HIGHLY CONFIDENTIAL OUTSIDE COUNSEL EYES ONLY]; Plaintiffs' Objections and Responses to Defendant's Requests for Admission Relating to Preliminary Injunction Motion Issues (Nos. 120) [HIGHLY CONFIDENTIAL OUTSIDE COUNSEL EYES ONLY]; and Plaintiffs' Objections and Responses to Defendant's Requests for Production Relating to Preliminary Injunction Motion Issues (Nos. 1-15) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
February 8, 2016 Opinion or Order Filing 73 NOTICE of SERVICE of (i) Defendant's Response to Plaintiffs' First Set of Interrogatories, (ii) Defendant's Response to Plaintiffs' First Set of Requests for Production of Documents and Things, (iii) Defendant's Response to Plaintiffs' First Set of Requests for Admission, and (iv) Defendant's Notice of Rule 30(b)(6) Deposition to Plaintiff Regarding Preliminary Injunction Motion by Minerva Surgical, Inc. (Schladweiler, Benjamin)
February 8, 2016 Opinion or Order Filing 72 REDACTED VERSION of #66 Answering Brief in Opposition, to Defendant's Motion to Strike by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
February 5, 2016 Opinion or Order Filing 71 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,247,989; . (Pascale, Karen)
February 5, 2016 Opinion or Order Filing 70 SECOND AMENDED COMPLAINT against Minerva Surgical, Inc.- filed by Hologic, Inc., Cytyc Surgical Products, LLC. (Attachments: #1 part 2, #2 part 3, #3 part 4)(fms)
February 5, 2016 Opinion or Order SO ORDERED, re #69 Stipulation For Leave to File Second Amended Complaint filed by Cytyc Surgical Products, LLC, Hologic, Inc. Signed by Judge Sue L. Robinson on 2/5/2016. (fms)
February 5, 2016 Opinion or Order PATENT REPORT NOTICE: Please note that if patents are being added to this case, the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (fms)
February 4, 2016 Opinion or Order Filing 69 STIPULATION For Leave to File Second Amended Complaint by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 1 Part 4, #5 Exhibit 2)(Pascale, Karen)
February 4, 2016 Opinion or Order Filing 68 NOTICE of SERVICE of Defendant Minerva Surgical, Inc.'s Second Set of Interrogatories Relating to Preliminary Injunction Motion Issues (No. 5) by Minerva Surgical, Inc. (Schladweiler, Benjamin)
February 1, 2016 Opinion or Order Filing 67 DECLARATION re #66 Answering Brief in Opposition, To Defendant's Motion to Strike [Declaration of Marc A. Cohn] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
February 1, 2016 Opinion or Order Filing 66 [SEALED] ANSWERING BRIEF in Opposition re #52 MOTION TO STRIKE // Defendant Minerva Surgical, Inc.'s Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing and Motion for Expedited Relief filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 2/11/2016. (Attachments: #1 Text of Proposed Order)(Pascale, Karen)
February 1, 2016 Opinion or Order Filing 65 REDACTED VERSION of #58 Reply Brief / REDACTED Version #58 Defendant Minerva Surgical, Inc.'s Reply Brief in Support of its Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
February 1, 2016 Opinion or Order Filing 64 REDACTED VERSION of #61 Declaration, of Robert Smith by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A)(Pascale, Karen)
February 1, 2016 Opinion or Order Filing 63 REDACTED VERSION of #60 Answering Brief in Opposition, to Defendant's Partial Motion to Dismiss and Motion for a More Definite Statement by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
January 27, 2016 Opinion or Order Filing 62 Letter to The Honorable Sue L. Robinson from Benjamin J. Schladweiler regarding Minerva's Motion to Dismiss for Failure to State a Claim and Motion for More Definite Statement filed on January 6, 2016 (D.I. 43). (Schladweiler, Benjamin)
January 26, 2016 Opinion or Order CORRECTING ENTRY: Per request of filer, the Declaration at D.I. 61 has been removed and replaced with a corrected version and an Exhibit A has been added to the entry. (fms)
January 25, 2016 Opinion or Order Filing 61 [SEALED] DECLARATION re #60 Answering Brief in Opposition, to Defendant's Motion to Dismiss and Motion for a More Definite Statement [Declaration of Robert Smith] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) (Main Document 61 replaced on 1/26/2016) (fms). (Additional attachment(s) added on 1/26/2016: #1 Exhibit A) (fms).
January 25, 2016 Opinion or Order Filing 60 [SEALED] ANSWERING BRIEF in Opposition re #43 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 2/4/2016. (Pascale, Karen)
January 25, 2016 Opinion or Order Filing 59 AMENDED COMPLAINT against Minerva Surgical, Inc.- filed by Hologic, Inc., Cytyc Surgical Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pascale, Karen)
January 25, 2016 Opinion or Order Filing 58 [SEALED] REPLY BRIEF re #35 MOTION to Transfer Case to Northern District of California filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 25, 2016 Opinion or Order Filing 57 ORDER setting briefing schedule re #9 MOTION for Preliminary Injunction : (Answering Brief due 3/11/2016., Reply Brief due 4/5/2016.), ORDER, Setting Hearings( An Oral Argument is set for 4/12/2016 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson.) See order for further details. Signed by Judge Sue L. Robinson on 1/25/2016. (nmfn)
January 21, 2016 Opinion or Order Filing 56 REDACTED VERSION of #52 MOTION TO STRIKE // Defendant Minerva Surgical, Inc.'s Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing and Motion for Expedited Relief by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order)(Schladweiler, Benjamin)
January 20, 2016 Opinion or Order Filing 55 REDACTED VERSION of #50 Declaration, of Robert Smith in Support of Plaintiffs' Opposition to Defendant's Motion to Transfer Venue by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A)(Pascale, Karen)
January 20, 2016 Opinion or Order Filing 54 REDACTED VERSION of #49 Answering Brief in Opposition to Defendant's Motion to Transfer Venue by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
January 15, 2016 Opinion or Order Filing 53 Letter to The Honorable Sue L. Robinson from Karen L. Pascale, Esquire regarding Preliminary Injunction Scheduling Order, and "[Proposed] Order Regarding Scheduling and Discovery for Plaintiffs Motion for a Preliminary Injunction" - re Telephone Conference. (Attachments: #1 Text of Proposed Order)(Pascale, Karen)
January 15, 2016 Opinion or Order Filing 52 [SEALED] MOTION TO STRIKE // Defendant Minerva Surgical, Inc.'s Motion to Strike Plaintiffs' Preliminary Injunction Motion for Lack of Standing and Motion for Expedited Relief - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order)(Schladweiler, Benjamin)
January 13, 2016 Opinion or Order Filing 51 DECLARATION re #49 Answering Brief in Opposition Declaration of Marc A. Cohn inSupport of Plaintiffs' Opposition to Defendant's Motion to Transfer Venue by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1-8)(Pascale, Karen)
January 13, 2016 Opinion or Order Filing 50 [SEALED] DECLARATION re #49 Answering Brief in Opposition Declaration of Robert Smith in Support of Plaintiffs' Opposition to Defendant's Motion to Transfer Venue by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A)(Pascale, Karen)
January 13, 2016 Opinion or Order Filing 49 [SEALED] ANSWERING BRIEF in Opposition re #35 MOTION to Transfer Case to Northern District of California filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 1/25/2016. (Pascale, Karen)
January 13, 2016 Opinion or Order Pro Hac Vice Attorney Amie L. Medley for Hologic, 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. (dmp, )
January 13, 2016 Opinion or Order Pro Hac Vice Attorney Amie L. Medley for Cytyc Surgical Products, LLC 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. (dmp, )
January 12, 2016 Opinion or Order Filing 48 NOTICE of SERVICE of (i) Minerva Surgical, Inc.'s Requests for Production Relating to Preliminary Injunction Motion Issues, (ii) Minerva Surgical, Inc.'s Requests for Admission Relating to Preliminary Injunction Motion Issues, and (iii) Minerva Surgical, Inc.'s Interrogatories Relating to Preliminary Injunction Motion Issues by Minerva Surgical, Inc. (Schladweiler, Benjamin)
January 12, 2016 Opinion or Order Pro Hac Vice Attorney Dale R. Bish for Minerva Surgical, 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. (klc)
January 11, 2016 Opinion or Order Filing 47 NOTICE OF SERVICE of Plaintiffs First Set of Interrogatories (Nos. 1-4); Plaintiffs First Set of Requests for Production of Documents and Things (Nos. 1-15); and Plaintiffs First Set of Requests for Admission (Nos. 1-20) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
January 11, 2016 Opinion or Order ORAL ORDER by Judge Sue L. Robinson on 1/11/2016 directing plaintiffs to respond to #35 MOTION to Transfer Case to the Northern District of California by Wednesday, January 13, 2016. ORDER setting briefing schedule re #35 MOTION to Transfer Case to Northern District of California : (Answering Brief due 1/13/2016.) (nmfn)
January 8, 2016 Opinion or Order Filing 46 Letter to The Honorable Sue L. Robinson from Karen L. Pascale regarding Postponement of Plaintiffs' Response to Defendant's Motion to Transfer. (Pascale, Karen)
January 7, 2016 Opinion or Order Minute Entry for proceedings held before Judge Sue L. Robinson - Telephone Conference held on 1/7/2016. (Court Reporter V. Gunning.) Counsel to submit the final proposed order to the court. (nmfn)
January 6, 2016 Opinion or Order Filing 45 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 6, 2016 Opinion or Order Filing 44 OPENING BRIEF in Support re #43 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/25/2016. (Schladweiler, Benjamin)
January 6, 2016 Opinion or Order Filing 43 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement - filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
January 6, 2016 Opinion or Order Filing 42 Joint STATEMENT on Proposed Schedules Regardiing Plaintiffs' Motion for Preliminary Injunction by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
January 5, 2016 Opinion or Order CORRECTING ENTRY: The sealed main document at D.I. 38 has been removed and replaced with a re-scanned version to correct a viewing error. (fms)
January 4, 2016 Opinion or Order Pro Hac Vice Attorney Ryan J. Casamiquela for Cytyc Surgical Products, LLC and Hologic, 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. (klc)
December 29, 2015 Opinion or Order Filing 41 REDACTED VERSION of #38 Declaration, David Clapper by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
December 29, 2015 Opinion or Order Filing 40 REDACTED VERSION of #36 Opening Brief in Support, by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
December 22, 2015 Opinion or Order Filing 39 ORDER Setting Teleconference: Counsel for defendant to initiate the call. A Telephone Conference is set for 1/7/2016 at 03:00 PM before Judge Sue L. Robinson. IT IS FURTHER ORDERED that, on or before Wednesday, January 6, 2016, the parties shall file proposed scheduling orders. Signed by Judge Sue L. Robinson on 12/22/2015. (nmfn)
December 22, 2015 Opinion or Order Filing 38 [SEALED] DECLARATION re #35 MOTION to Transfer Case to Northern District of California / Declaration of David Clapper in Support of Minerva's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin). (Main Document 38 replaced on 1/5/2016) (fms). Modified on 1/5/2016 (fms).
December 22, 2015 Opinion or Order Filing 37 DECLARATION re #35 MOTION to Transfer Case to Northern District of California / Declaration of Christopher D. Mays in Support of Minerva Surgical, Inc.'s Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A)(Schladweiler, Benjamin)
December 22, 2015 Opinion or Order Filing 36 [SEALED] OPENING BRIEF in Support re #35 MOTION to Transfer Case to Northern District of California / Defendant Minerva Surgical, Inc.'s Opening Brief in Support of its Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/8/2016. (Schladweiler, Benjamin)
December 22, 2015 Opinion or Order Filing 35 MOTION to Transfer Case to Northern District of California - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order)(Schladweiler, Benjamin)
December 21, 2015 Opinion or Order Minute Entry for proceedings held before Judge Sue L. Robinson - Telephone Conference held on 12/21/2015. (Court Reporter V. Gunning.) (nmfn)
December 18, 2015 Opinion or Order SO ORDERED, re #33 MOTION for Pro Hac Vice Appearance of Attorney Ryan J. Casamiquela and Attorney Amie L. Medley filed by Cytyc Surgical Products, LLC, Hologic, Inc. Signed by Judge Sue L. Robinson on 12/18/2015. (fms)
December 17, 2015 Opinion or Order Filing 34 REDACTED VERSION of #13 Exhibit to a Document EXHIBITS 5, 17, 19, 20, 21 AND 22 TO DECLARATION OF MARC A. COHN by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 17, 2015 Opinion or Order Filing 33 MOTION for Pro Hac Vice Appearance of Attorney Ryan J. Casamiquela and Attorney Amie L. Medley - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 17, 2015 Opinion or Order Filing 32 REDACTED VERSION of #14 Declaration of Avery Burns by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 16, 2015 Opinion or Order Filing 31 REDACTED VERSION of #19 Declaration of Whitney Parachek by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 16, 2015 Opinion or Order Filing 30 REDACTED VERSION of #18 Declaration of Nicholas Moussa by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 16, 2015 Opinion or Order Filing 29 REDACTED VERSION of #17 Declaration of Dr. Edward Evantash by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 16, 2015 Opinion or Order Filing 28 REDACTED VERSION of #16 Declaration of Eric B. Compton by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 16, 2015 Opinion or Order Filing 27 REDACTED VERSION of #15 Declaration of William Lucas Churchill by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 16, 2015 Opinion or Order Filing 26 REDACTED VERSION of #11 Opening Brief in Support of Plaintiffs' Motion for a Preliminary Injunction by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 16, 2015 Opinion or Order Pro Hac Vice Attorney Olivia M. Kim, Christopher D. Mays for Minerva Surgical, 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. (klc)
December 16, 2015 Opinion or Order Pro Hac Vice Attorney Sara L. Rose for Minerva Surgical, 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. (dmp, )
December 16, 2015 Opinion or Order Pro Hac Vice Attorney Vera M. Elson for Minerva Surgical, 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. (dmp, )
December 15, 2015 Opinion or Order Filing 25 [SEALED] MULTI MEDIA DOCUMENT filed by Cytyc Surgical Products, LLC, Hologic, Inc. in the form of a disc containing video file (EXHIBIT 17- Sealed). Filing related to #12 Declaration,. (Media on file in Clerk's Office). (fms)
December 15, 2015 Opinion or Order Filing 24 MULTI MEDIA DOCUMENT filed by Cytyc Surgical Products, LLC, Hologic, Inc. in the form of a disc (EXHIBITS 9, 12, 16, 26 and 27). Filing related to #12 Declaration of Marc A. Cohn. (Media on file in Clerk's Office). (fms)
December 15, 2015 Opinion or Order Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Vera M. Elson, Olivia M. Kim, Dale R. Bish, Christopher D. Mays and Sara L. Rose - filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
December 15, 2015 Opinion or Order Filing 22 ORDER Setting Teleconference: Counsel for plaintiffs to initiate the call. A Telephone Conference is set for 12/21/2015 at 03:00 PM before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 12/15/2015. (nmfn)
December 15, 2015 Opinion or Order SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorney Vera M. Elson, Olivia M. Kim, Dale R. Bish, Christopher D. Mays and Sara L. Rose filed by Minerva Surgical, Inc. Signed by Judge Sue L. Robinson on 12/15/2015. (fms)
December 14, 2015 Opinion or Order Filing 21 Letter to The Honorable Sue L. Robinson from Karen L. Pascale regarding Plaintiffs' Motion for a Preliminary Injunction - re #9 MOTION for Preliminary Injunction . (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 20 NOTICE of filing the following Non-Paper material(s) in multi media format: Video Exhibits to the Declaration of Marc A. Cohn. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Karen L. Pascale on behalf of Cytyc Surgical Products, LLC, Hologic, Inc. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 19 [SEALED] DECLARATION re #9 MOTION for Preliminary Injunction [Declaration of Whitney Parachek] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 18 [SEALED] DECLARATION re #9 MOTION for Preliminary Injunction [Declaration of Nicholas Moussa] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 17 [SEALED] DECLARATION re #9 MOTION for Preliminary Injunction [Declaration of Dr. Edward Evantash] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 16 [SEALED] DECLARATION re #9 MOTION for Preliminary Injunction [Declaration of Eric B. Compton] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 15 [SEALED] DECLARATION re #9 MOTION for Preliminary Injunction [Declaration of William Lucas Churchill] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 14 [SEALED] DECLARATION re #9 MOTION for Preliminary Injunction [Declaration of Avery Burns] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 13 [SEALED] EXHIBIT re #12 Declaration, of Marc A. Cohn by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 5, #2 Exhibit 19 - 22)(Pascale, Karen)
December 14, 2015 Opinion or Order Filing 12 DECLARATION re #9 MOTION for Preliminary Injunction [Declaration of Marc A. Cohn] by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 4, #2 Exhibit 6, 7, 8, 10, and 11, #3 Exhibit 13, 14, 15, 18 and 23, #4 Exhibit 24, 25, 28, 29 and 30)(Pascale, Karen)
December 14, 2015 Opinion or Order Filing 11 [SEALED] OPENING BRIEF in Support re #9 MOTION for Preliminary Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 12/31/2015. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 10 PROPOSED ORDER Granting Preliminary Injunction Against Minerva Surgical, Inc. re #9 MOTION for Preliminary Injunction by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
December 14, 2015 Opinion or Order Filing 9 MOTION for Preliminary Injunction - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
November 30, 2015 Opinion or Order Pro Hac Vice Attorney Matthew M. Wolf, Marc A. Cohn for Hologic, 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. (klc)
November 23, 2015 Opinion or Order SO ORDERED, re #8 STIPULATION TO EXTEND TIME for Defendant to answer, move or otherwise respond to the Complaint to January 6, 2016 filed by Cytyc Surgical Products, LLC, Hologic, Inc., Set/Reset Answer Deadlines: Minerva Surgical, Inc. answer due 1/6/2016. Signed by Judge Sue L. Robinson on 11/23/2015. (nmfn)
November 20, 2015 Opinion or Order Filing 8 STIPULATION TO EXTEND TIME for Defendant to answer, move or otherwise respond to the Complaint to January 6, 2016 - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
November 20, 2015 Opinion or Order Filing 7 NOTICE of Appearance by Benjamin J. Schladweiler on behalf of Minerva Surgical, Inc. (Schladweiler, Benjamin)
November 19, 2015 Opinion or Order SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf and Attorney Marc A. Cohn filed by Cytyc Surgical Products, LLC, Hologic, Inc. Signed by Judge Sue L. Robinson on 11/19/2015. (fms)
November 18, 2015 Opinion or Order Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf and Attorney Marc A. Cohn - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
November 12, 2015 Opinion or Order Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb)
November 10, 2015 Opinion or Order Filing 5 SUMMONS Returned Executed by Hologic, Inc., Cytyc Surgical Products, LLC. Minerva Surgical, Inc. served on 11/9/2015, answer due 11/30/2015. (Pascale, Karen)
November 10, 2015 Opinion or Order CORRECTING ENTRY: added Exhibit D to #1 , before only had 3 of the 4 exhibits (sar)
November 6, 2015 Opinion or Order Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (cna)
November 6, 2015 Opinion or Order Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. No. 6,872,183; U.S. No. 8,998,898; U.S. No. 9,095,348. (cna)
November 6, 2015 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (cna)
November 6, 2015 Opinion or Order Filing 1 COMPLAINT filed with Jury Demand against Minerva Surgical, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 1823358.) - filed by Hologic, Inc., Cytyc Surgical Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(cna) (Additional attachment(s) added on 11/10/2015: #4 Exhibit D) (sar).
November 6, 2015 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to Minerva Surgical, Inc. on 11/6/2015. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (cna)

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Search for this case: Hologic, Inc. et al v. Minerva Surgical, Inc.
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Counter defendant: Hologic, Inc.
Represented By: Karen L. Pascale
Represented By: Amie L. Medley
Represented By: Marc A. Cohn
Represented By: Matthew M. Wolf
Represented By: Pilar Gabrielle Kraman
Represented By: Ryan J. Casamiquela
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Counter defendant: Cytyc Surgical Products, LLC
Represented By: Karen L. Pascale
Represented By: Amie L. Medley
Represented By: Pilar Gabrielle Kraman
Represented By: Ryan J. Casamiquela
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Defendant: Minerva Surgical, Inc.
Represented By: Erik J. Carlson
Represented By: Benjamin J. Schladweiler
Represented By: Ian Robert Liston
Represented By: Christopher D. Mays
Represented By: Dale R. Bish
Represented By: Edward G. Poplawski
Represented By: Gina Cremona
Represented By: Neil N. Desai
Represented By: Olivia M. Kim
Represented By: Robert N. Hochman
Represented By: Vera M. Elson
Represented By: Sara L. Rose
Represented By: Ty W. Callahan
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