Ethicon LLC et al v. Intuitive Surgical, Inc. et al

Plaintiff: Ethicon Endo-Surgery, Inc., Ethicon US LLC and Ethicon LLC
Defendant: Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc. and Intuitive Surgical, Inc.
Case Number: 1:2017cv00871
Filed: June 30, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35:271
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2019 Opinion or Order Filing 309 ORAL ORDER: IT IS HEREBY ORDERED that, in light of the fact that this action is currently stayed, the motion to strike (D.I. 296) is DENIED AS MOOT. ORDERED by Judge Leonard P. Stark on 6/25/19. (ntl)
May 28, 2019 Pro Hac Vice Attorney Daniel Musher for Ethicon Endo-Surgery, Inc., Ethicon LLC, and Ethicon US, 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. Associated Cases: 1:18-cv-01325-LPS, 1:17-cv-00871-LPS (amf)
March 20, 2019 Filing 308 NOTICE OF SERVICE of 1) Expert Report of Dr. Shorya Awtar Regarding Validity of U.S. Patent Nos. 8,479,969; 9,113,874; 8,998,058; 8,991,677 and 8,616,431 and 2) Expert Report of Dr. Frank Fronczak Regarding Validity of U.S. Patent No. 9,585,658 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
March 20, 2019 Opinion or Order Filing 307 MEMORANDUM ORDER re #246 MOTION to Stay is GRANTED; all dates and deadlines in the scheduling order are VACATED; the trial scheduled to begin on 10/15/19 is CANCELLED. Signed by Judge Leonard P. Stark on 3/20/19. (ntl)
March 11, 2019 Opinion or Order Filing 306 SO ORDERED, re #305 Stipulation and Order to Extend Time. Signed by Judge Leonard P. Stark on 3/8/19. (ntl)
March 7, 2019 Filing 305 STIPULATION (and proposed order) to extend case deadlines by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
February 25, 2019 Filing 304 NOTICE to Take Deposition of William Burbank on March 5, 2019 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
February 25, 2019 Filing 303 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding the parties request the scheduling of a telephone conference on Plaintiffs' Motion to Strike (D.I. 296). (Blumenfeld, Jack)
February 25, 2019 Filing 302 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding #296 MOTION to Strike Portions of Defendants Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings, LLC's Final Invalidity Contentions - re #300 Letter,. (Attachments: #1 Exhibits 1-5)(Blumenfeld, Jack)
February 25, 2019 Filing 301 REDACTED VERSION of #297 Letter, by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits 1-6)(Egan, Brian)
February 20, 2019 Filing 300 Letter to The Honorable Leonard P. Stark from David M. Fry - re #296 MOTION to Strike Portions of Defendants Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings, LLC's Final Invalidity Contentions, #297 Letter,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fry, David)
February 20, 2019 Filing 299 NOTICE of Subsequent Authority by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] (Attachments: #1 Exhibit A)(Fry, David)
February 15, 2019 Filing 298 NOTICE OF SERVICE of 1) Expert Report of Robert L. Vigil, Ph.D. and 2)Expert Report of Dr. Shorya Awtar Regarding Infringement U.S. Patent Nos. 9,585,658; 8,479,696; 9,113,874; 8,998,058; 8,991,677; and 8,616,431 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
February 13, 2019 Filing 297 [SEALED] Letter to The Honorable Leonard P. Stark from Brian P. Egan - re #296 MOTION to Strike Portions of Defendants Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings, LLC's Final Invalidity Contentions. (Attachments: #1 Exhibits 1-6)(Egan, Brian)
February 13, 2019 Filing 296 MOTION to Strike Portions of Defendants Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings, LLC's Final Invalidity Contentions - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
February 13, 2019 Filing 295 NOTICE OF SERVICE of Plaintiffs' Third Amended Initial Disclosures filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
February 12, 2019 Filing 294 NOTICE of SUBSEQUENT AUTHORITY by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] (Fry, David)
February 12, 2019 Opinion or Order SO ORDERED, re #293 STIPULATION TO EXTEND TIME to Submit Opening Expert Reports to February 15, 2019 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 2/12/19. (ntl)
February 11, 2019 Filing 293 STIPULATION TO EXTEND TIME to Submit Opening Expert Reports to February 15, 2019 - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
February 11, 2019 Opinion or Order Filing 292 ORDER INVALIDATING THE JANUARY 2018 CERTIFICATE OF CORRECTION RELATING TO U.S. PATENT NO. 8,479,969. Signed by Judge Leonard P. Stark on 2/11/19. (ntl)
February 8, 2019 Filing 291 NOTICE OF SERVICE of (1) Plaintiffs' Second Supplemental Responses and Objections to Defendants' Third Set of Interrogatories (Nos. 17, 18, 19); (2) Plaintiffs' Fourth Supplemental Responses and Objections to Defendants' First Set of Interrogatories (Nos. 3, 4, 5, 7, 8); and (3) Plaintiffs' First Supplemental Responses and Objections to Defendants' Second Set of Interrogatories (No. 11) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
February 8, 2019 Filing 290 NOTICE OF SERVICE of Defendants' First Supplemental Responses and Objections to Plaintiffs' Interrogatories (Nos. 4, 6, & 12) filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
February 8, 2019 Filing 289 REDACTED VERSION of #283 Reply Brief, by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
February 7, 2019 Filing 288 PROPOSED ORDER [INVALIDATING THE JANUARY 2018 CERTIFICATE OF CORRECTION RELATING TO U.S. PATENT NO. 8,479,969] re 285 Order,,, by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
February 6, 2019 Opinion or Order SO ORDERED, re #280 STIPULATION TO EXTEND TIME for the parties Supplemental Responses to Contention Interrogatories to February 8, 2019 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 2/6/19. (ntl)
February 5, 2019 Filing 287 REQUEST for Oral Argument by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW]. (Fry, David)
February 4, 2019 Filing 286 REQUEST for Oral Argument by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW]. (Egan, Brian)
February 4, 2019 Motion No Longer Referred to Judge Burke: #246 MOTION to Stay. (ntl)
February 4, 2019 Opinion or Order Filing 285 ORAL ORDER: Having reviewed the parties' joint status report (D.I. 264), the Court agrees with the arguments made by Defendants, which are consistent with the analysis the Court provided in its claim construction decision and are supported by the authorities cited in the status report. IT IS HEREBY ORDERED that the parties shall, no later than February 7, submit a proposed order (to which Plaintiff shall agree as to form, without waiving its position that the Certificate of Correction is not invalid) to implement the Court's decision of today. IT IS FURTHER ORDERED that the pending motion to stay (D.I. 246) is no longer referred to Judge Burke. Finally, as previously stated (see D.I. 254 at 21 n.7), the motion to strike (D.I. 139) has been DENIED. ORDERED by Judge Leonard P. Stark on 2/4/19. (ntl)
February 1, 2019 Filing 284 REDACTED VERSION of #279 Answering Brief in Opposition, by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits 1-13)(Egan, Brian)
February 1, 2019 Filing 283 [SEALED] REPLY BRIEF re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N)(Fry, David)
January 31, 2019 Filing 282 NOTICE to Take Deposition of Fredrick Shelton on February 7, 2019 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
January 29, 2019 Filing 281 NOTICE to Take Deposition of Bill Gawkins [Amended] on February 1, 2019 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
January 29, 2019 Filing 280 STIPULATION TO EXTEND TIME for the parties Supplemental Responses to Contention Interrogatories to February 8, 2019 - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
January 25, 2019 Filing 279 [SEALED] ANSWERING BRIEF in Opposition re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.Reply Brief due date per Local Rules is 2/1/2019. (Attachments: #1 Exhibits 1-13)(Egan, Brian)
January 25, 2019 Filing 278 NOTICE OF SERVICE of Plaintiffs' Privilege Log (Volume 4) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
January 24, 2019 Filing 277 NOTICE OF SERVICE of (1) Defendants' Amended Final Invalidity Contentions filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
January 23, 2019 Filing 276 NOTICE to Take Deposition of Paul Millman on January 29, 2019 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
January 22, 2019 Filing 275 Redaction of #259 . Official Transcript before Judge Christopher J. Burke. Court Reporter Stacy Ingram of Hawkins Reporting Service, Telephone number (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. (bpg)
January 22, 2019 Opinion or Order SO ORDERED, re #271 Stipulation and Order re expert report deadlines. Signed by Judge Leonard P. Stark on 1/22/19. (ntl)
January 18, 2019 Filing 274 NOTICE OF SERVICE of (1) Defendants' Final Invalidity Contentions filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
January 17, 2019 Filing 273 REDACTED VERSION of D.I. #245 Memorandum Order. (mlc)
January 17, 2019 Opinion or Order Filing 272 MEMORANDUM ORDER GRANTING D.I. #267 MOTION to Redact Portions of the December 21, 2018 Memorandum Order and Transcript of the Court's December 17, 2018 Teleconference (Revised) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Christopher J. Burke on 1/17/2019. (mlc)
January 17, 2019 Filing 271 STIPULATION (and proposed order) to extend case deadlines - Supplemental Responses to Contention Interrogatories due February 1, 2019; Opening Expert Reports due February 13, 2019; Rebuttal Expert Reports due March 13, 2019 and; Reply Expert Reports due April 3, 2019 by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
January 17, 2019 Filing 270 REDACTED VERSION of #267 MOTION to Redact Portions of the December 21, 2018 Memorandum Order and Transcript of the Court's December 17, 2018 Teleconference (Revised) by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
January 15, 2019 Filing 269 NOTICE of Subsequent Authority by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fry, David)
January 15, 2019 Filing 268 NOTICE OF SERVICE of (1) Defendants' Third Amended Initial Disclosures filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
January 10, 2019 Filing 267 [SEALED] MOTION to Redact Portions of the December 21, 2018 Memorandum Order and Transcript of the Court's December 17, 2018 Teleconference (Revised) - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
January 10, 2019 Filing 266 NOTICE to Take Deposition of Paul Millman on January 29, 2019 (Amended) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
January 9, 2019 Filing 265 NOTICE OF SERVICE of Plaintiffs' Final Infringement Claim Charts filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
January 7, 2019 Filing 264 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding status report - re #255 Order,, Terminate Motions,, Set Deadlines,. (Blumenfeld, Jack)
January 3, 2019 Filing 263 REDACTED VERSION of D.I. #241 Memorandum Order. (mlc)
January 3, 2019 Opinion or Order Filing 262 ORDER regarding D.I. #250 MOTION to Redact Portions of the December 19, 2018 Memorandum Order and Portions ofthe December 17, 2018 Teleconference Transcript re #241 Memorandum and Order, filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Christopher J. Burke on 1/3/2019. (mlc)
January 3, 2019 Opinion or Order Filing 261 MEMORANDUM ORDER regarding D.I. #253 MOTION to Redact Portions of the December 21, 2018 Memorandum Order re #245 Memorandum and Order, (Unopposed) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Christopher J. Burke on 1/3/2019. (mlc) (mlc).
January 3, 2019 Filing 260 REDACTED VERSION of #253 MOTION to Redact Portions of the December 21, 2018 Memorandum Order re #245 Memorandum and Order, (Unopposed) by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits A-B)(Egan, Brian)
January 2, 2019 Filing 259 [SEALED] Official Transcript of Telephone Conference held on December 17, 2018 before Judge Christopher J. Burke. Court Reporter/Transcriber Stacy Ingram of Hawkins Reporting Service, Telephone number (302) 658-6697. 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 1/23/2019. Redacted Transcript Deadline set for 2/4/2019. Release of Transcript Restriction set for 4/2/2019. (bpg) Modified on 1/3/2019 (mlc).
January 2, 2019 Opinion or Order SO ORDERED D.I. #258 Joint STIPULATION TO EXTEND TIME Plaintiffs' Response Brief and Defendants' Reply Brief to January 25, 2019 and February 1, 2019 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Ordered by Judge Christopher J. Burke on 1/2/2019. (mlc)
December 28, 2018 Filing 258 Joint STIPULATION TO EXTEND TIME Plaintiffs' Response Brief and Defendants' Reply Brief to January 25, 2019 and February 1, 2019 - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
December 28, 2018 Filing 257 REDACTED VERSION of #248 Declaration, by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
December 28, 2018 Filing 256 REDACTED VERSION of #247 Opening Brief in Support, by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
December 28, 2018 Opinion or Order Filing 255 ORDER re #254 MEMORANDUM OPINION re claim construction. IT IS FURTHER ORDERED that Plaintiffs' motion to strike Defendants' responsive expert declaration (D.I. 139) is DENIED. The parties shall meet and confer and, no later than 1/7/2019, submit a joint status report. Signed by Judge Leonard P. Stark on 12/28/2018. (etg)
December 28, 2018 Filing 254 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 12/28/2018. (etg)
December 28, 2018 Filing 253 [SEALED] MOTION to Redact Portions of the December 21, 2018 Memorandum Order re #245 Memorandum and Order, (Unopposed) - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits A-B)(Egan, Brian)
December 28, 2018 Filing 252 REDACTED VERSION of #250 MOTION to Redact Portions of the December 19, 2018 Memorandum Order and Portions ofthe December 17, 2018 Teleconference Transcript re #241 Memorandum and Order, by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
December 26, 2018 MOTION REFERRED: #246 [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] Motion referred to Christopher J. Burke.(dlb)
December 26, 2018 Filing 251 Letter to The Honorable Christopher J. Burker from David M. Fry regarding Notice of Motion to Stay Pending Inter Partes Review - re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW], #247 Opening Brief in Support, #248 Declaration,. (Fry, David)
December 21, 2018 Filing 250 [SEALED] MOTION to Redact Portions of the December 19, 2018 Memorandum Order and Portions ofthe December 17, 2018 Teleconference Transcript re #241 Memorandum and Order, - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
December 21, 2018 Filing 249 NOTICE OF SERVICE of Plaintiffs' First Supplemental Responses and Objections to Defendants' Third Set of Interrogatories (No. 17) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
December 21, 2018 Filing 248 [SEALED] DECLARATION re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] [DECLARATION OF ANKUR SHINGAL] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive 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)(Fry, David)
December 21, 2018 Filing 247 [SEALED] OPENING BRIEF in Support re #246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/4/2019. (Fry, David)
December 21, 2018 Filing 246 MOTION to Stay [DEFENDANTS' MOTION TO STAY PENDING INTER PARTES REVIEW] - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Attachments: #1 Text of Proposed Order)(Fry, David)
December 21, 2018 Opinion or Order Filing 245 [SEALED] MEMORANDUM ORDER regarding D.I. #212 MOTION for Teleconference to Resolve Discovery Dispute re Order Setting Teleconference filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Signed by Judge Christopher J. Burke on 12/21/2018.This order has been emailed to local counsel. (mlc)
December 21, 2018 Filing 244 NOTICE OF SERVICE of 1) Defendants' Responses and Objections to Plaintiffs' Third Set of Interrogatories (Nos. 14 & 15) and 2) Defendants' First Supplemental Responses and Objections to Plaintiffs' Interrogatories (Nos. 1-3, 7-10) filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
December 20, 2018 Filing 243 NOTICE of Intent to Redact certain Portions of December 17, 2018 Discovery Dispute Teleconference Transcript by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC (Egan, Brian)
December 20, 2018 Filing 242 REDACTED VERSION of #234 Letter to the Honorable Christopher J. Burke by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits A-G)(Egan, Brian)
December 19, 2018 Opinion or Order SO ORDERED, re #237 MOTION for Pro Hac Vice Appearance of Attorney Ankur Shingal filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Signed by Judge Leonard P. Stark on 12/19/18. (ntl)
December 19, 2018 Opinion or Order Filing 241 [SEALED] MEMORANDUM ORDER regarding Defendants' discovery disputes corresponding to Motion for Teleconference to Resolve Discovery Disputes, (D.I. #227 ). Signed by Judge Christopher J. Burke on 12/19/2018.This order has been emailed to local counsel. (mlc)
December 18, 2018 Filing 240 NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiffs' Interrogatory No. 13 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
December 18, 2018 Filing 239 REDACTED VERSION of #231 Letter, by Intuitive Surgical, Inc.. (Fry, David)
December 18, 2018 Filing 238 NOTICE to Take Deposition of Bob DeSantis on December 20, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
December 17, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Conference held on 12/17/2018. The Court heard argument from the parties on the discovery disputes, (D.I. #212 , #227 ), and will issue order(s). (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: B. Egan, C. Marando for Plaintiffs; D. Fry, A. Shingal, D. Musinipally for Defendants. (mlc)
December 17, 2018 Pro Hac Vice Attorney Daniel Musher for Ethicon Endo-Surgery, Inc., Ethicon LLC, and Ethicon US 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. (ceg)
December 14, 2018 Filing 237 MOTION for Pro Hac Vice Appearance of Attorney Ankur Shingal - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
December 14, 2018 Filing 236 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding documents for in camera inspection pursuant to the Court's December 10, 2018 Oral Order - re Oral Order,,,,,,,,. (Egan, Brian)
December 13, 2018 Filing 235 REDACTED VERSION of #228 Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding discovery dispute by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
December 13, 2018 Filing 234 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Dispute. (Attachments: #1 Exhibits A-G)(Egan, Brian)
December 12, 2018 Filing 233 NOTICE OF SERVICE of Defendant Intuitive Surgical, Inc.'s Objections and Responses to Plaintiffs' Second 30(b)(6) Deposition Notice filed by Intuitive Surgical, Inc..(Fry, David)
December 11, 2018 Filing 232 REDACTED VERSION of #222 Letter by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
December 11, 2018 Filing 231 [SEALED] Letter to The Honorable Christopher J. Burke from David M. Fry. (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)(Fry, David)
December 11, 2018 Opinion or Order SO ORDERED, re #226 Joint STIPULATION TO EXTEND TIME to serve Final Infringement and Invalidity Contentions to Various Dates filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 12/10/18. (ntl)
December 10, 2018 Filing 230 NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 38-42) filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
December 10, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' joint motion regarding Defendants' discovery dispute, (D.I. #212 ), and accompanying letter briefs, (D.I. 222, 228), HEREBY ORDERS as follows regarding Defendants' request that the Court compel Plaintiff Ethicon LLC ("Ethicon") to produce two categories of documents: idea submission forms and Value of IP documents: (1) In support of Ethicon's assertion that both categories of documents are properly withheld on the basis of attorney-client privilege, Ethicon relies significantly on the declaration of Dean Garner, Johnson & Johnson's Assistant General Counsel - Patents ("Declaration"). (D.I. 228 at 2-4 & ex. C) However, Mr. Garner's Declaration is brief and contains few details. By no later than December 14, 2018, Ethicon shall provide the Court with a supplemental declaration from Mr. Garner, as well as copies of the documents at issue. In the supplemental declaration, Mr. Garner shall provide a clear, factually-detailed account of: (a) how the particular documents at issue were used by him and others in the legal department to "make a determination regarding whether to pursue a patent application" or "provide support for legal decisions made regarding patent prosecution strategy"; and (b) why it is that, in Mr. Garner's view, the submission of these documents were actually provided to secure primarily a legal opinion (as opposed to being used to prompt a discussion of more general "business" issues). (Id., ex. C at 1-2) The Court understands that such details may implicate attorney-client privileged communications or work product, and accordingly the submission may be made to the Court ex parte for the Court's in camera review. (2) The Court HEREBY CANCELS today's discovery dispute teleconference, and will take up these disputes along with the other disputes scheduled to be heard on December 17, 2018 at 2:00 pm. Ordered by Judge Christopher J. Burke on 12/10/2018. (mlc)
December 6, 2018 Filing 229 NOTICE OF SERVICE of Plaintiffs' Final Infringement Claim Charts filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
December 6, 2018 Filing 228 [SEALED] Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding discovery dispute. (Attachments: #1 Exhibits A-E and Attachment A)(Blumenfeld, Jack)
December 6, 2018 Filing 227 MOTION [Joint Motion for Teleconference to Resolve Discovery Disputes] - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
December 6, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' December 5, 2018 letter regarding a discovery dispute, (D.I. 225), HEREBY ORDERS that the procedures for resolving a discovery dispute set out in paragraph 8(g) of the Scheduling Order will be altered as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference will be held on Monday, December 17, 2018 at 2:00 pm; (3) Not less than ninety-six (96) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the hearing, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (4) Two courtesy copies of the letters are to be hand delivered to the Clerks' Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 12/6/2018. (dlb)
December 5, 2018 Filing 226 Joint STIPULATION TO EXTEND TIME to serve Final Infringement and Invalidity Contentions to Various Dates - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
December 5, 2018 Filing 225 Letter to The Honorable Leonard P. Stark from David M. Fry regarding request for discovery teleconference. (Fry, David)
December 4, 2018 Filing 224 NOTICE to Take Deposition of Elliot Fegelman on [Second Amended - December 7, 2018] filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
December 4, 2018 Filing 223 NOTICE to Take Deposition of Alan Rae on [Second Amended - December 6, 2018] filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
December 4, 2018 Filing 222 [SEALED] Letter to The Honorable Christopher J. Burke from David M. Fry regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fry, David)
December 3, 2018 Filing 221 Remark: The Court recognizes that it has been more than 60 days since the claim construction hearing was held. The Court expects to issue the claim construction opinion and order by on or about December 31, 2018. (ntl)
December 3, 2018 Filing 220 NOTICE to Take Deposition of Paul Millman on January 12, 2019 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
December 3, 2018 Filing 219 NOTICE OF SERVICE of Plaintiffs' Privilege Log (Volume 3) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
December 3, 2018 Filing 218 NOTICE OF SERVICE of Defendants Second Amended Initial Disclosures filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 30, 2018 Filing 217 AMENDED DOCUMENT by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. Amendment to #197 Notice to Take Deposition of Elliott Fegelman. (Fry, David)
November 30, 2018 Filing 216 AMENDED DOCUMENT by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. Amendment to #206 Notice to Take Deposition of Alan Rae. (Fry, David)
November 30, 2018 Filing 215 NOTICE of Subpoena by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC (Blumenfeld, Jack)
November 29, 2018 Filing 214 NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Third Set of Interrogatories (Nos. 12-19) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
November 29, 2018 Filing 213 NOTICE of Amended Subpoena directed to Covidien LP. by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. re #208 Notice (Other) (Fry, David)
November 29, 2018 Filing 212 MOTION for Teleconference to Resolve Discovery Dispute re Order Setting Teleconference,,,,, - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
November 29, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' November 29, 2018 letter regarding a discovery dispute, (D.I. 211), HEREBY ORDERS that the procedures for resolving a discovery dispute set out in paragraph 8(g) of the Scheduling Order will be altered as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference will be held on Monday, December 10, 2018 at 2:00 pm; (3) Not less than ninety-six (96) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the hearing, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (4) Two courtesy copies of the letters are to be hand delivered to the Clerks' Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 11/29/2018. (dlb)
November 29, 2018 Filing 211 Letter to The Honorable Leonard P. Stark from David M. Fry regarding request for discovery teleconference. (Fry, David)
November 28, 2018 Filing 210 NOTICE to Take Deposition of Bob DeSantis on December 20, 2018 (Second Amended Notice) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 21, 2018 Filing 209 NOTICE of Subpoena Directed to Springhill Consulting Group, Inc. by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. (Fry, David)
November 21, 2018 Filing 208 NOTICE of Subpoena Directed to Covidien LP by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. (Fry, David)
November 15, 2018 Filing 207 NOTICE to Take Deposition of Dean Garner [Amended] on December 4, 2018 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 9, 2018 Filing 206 NOTICE to Take Deposition of Alan Rae on December 6, 2018 at 9:00 a.m. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 9, 2018 Filing 205 NOTICE to Take Deposition of Bill Gawkins on December 3, 2018 at 9:00 a.m. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 8, 2018 Filing 204 NOTICE to Take Deposition of Jonathan Simpson on November 30, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 8, 2018 Filing 203 NOTICE to Take Deposition of Pat Flanagan on November 29, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 8, 2018 Filing 202 NOTICE to Take Deposition of Bob DeSantis on November 14, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 8, 2018 Filing 201 NOTICE to Take Deposition of Curt Boeschenstein on November 27, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 6, 2018 Filing 200 NOTICE OF SERVICE of (1) Plaintiffs' Third Set of Interrogatories (Nos. 12-15); and (2) Plaintiffs' Second Set of Requests for the Production of Documents and Things to Defendants (Nos. 38-42) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 6, 2018 Filing 199 NOTICE to Take Deposition of Tom O'Brien on December 13, 2018 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 6, 2018 Filing 198 NOTICE to Take Deposition of Paul Ritchie [Amended] on November 16, 2018 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 6, 2018 Filing 197 NOTICE to Take Deposition of Elliot Fegelman on December 7, 2018 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 6, 2018 Filing 196 NOTICE to Take Deposition of Dean Garner on December 4, 2018 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 6, 2018 Opinion or Order SO ORDERED, re #193 STIPULATION TO EXTEND TIME for certain discovery-related deadlines to various dates as detailed in the stipulation filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 11/5/18. (ntl)
November 5, 2018 Filing 195 NOTICE to Take Deposition of Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings, LLC on November 27, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 5, 2018 Filing 194 NOTICE OF SERVICE of (1) Plaintiffs' Second Amended Initial Disclosures and (2) Plaintiffs' Third Supplemental Responses and Objections to Defendants' First Set of Interrogatories (No. 2) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
November 1, 2018 Opinion or Order SO ORDERED, re (192 in 1:17-cv-00871-LPS, 22 in 1:18-cv-01325-LPS) MOTION for Pro Hac Vice Appearance of Attorney Daniel Musher filed by Ethicon US, LLC, Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 11/1/18. Associated Cases: 1:17-cv-00871-LPS, 1:18-cv-01325-LPS (ntl)
November 1, 2018 Filing 193 STIPULATION TO EXTEND TIME for certain discovery-related deadlines to various dates as detailed in the stipulation - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
October 31, 2018 Filing 192 MOTION for Pro Hac Vice Appearance of Attorney Daniel Musher - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US, LLC, Ethicon US LLC. (Egan, Brian)
October 30, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' joint motion regarding Defendants discovery dispute, (D.I. 183), accompanying letter briefs, (D.I. 187, 190), and having discussed the issues with the parties on the October 29, 2018 teleconference, hereby ORDERS that Defendants request that Plaintiffs collect and produce responsive documents, including electronically stored information (ESI) documents, from Tom OBrien and Dr. Elliott Fegelman is GRANTED. The Court notes the following in concluding that Defendants have established good cause to require Plaintiffs to conduct such searches: (1) Mr. OBrien and Dr. Fegelman are the only two individuals identified by Plaintiffs as likely trial witnesses who have not had their ESI searched.; (2) These individuals were identified as likely trial witnesses late in the fact discovery period, and Defendants would be at a disadvantage if they had to depose these witnesses, and cross-examine them at trial, without the benefit of having first reviewed the witnesses documentation.; and (3) For at least two reasons, the record suggests that there would not be a tremendous amount of duplicative documents in the ESI and other files of Mr. OBrien and Dr. Fegelman (as compared to the files of other witnesses that have already been produced by Plaintiffs). First, these individuals have different job titles than Plaintiffs original two non-inventor employee custodians, who were both identified as marketing directors; Mr. OBrien is a senior-level marketing executive and Dr. Fegelman is a medical director. (D.I. 187 at 2; id., ex. A at 3) Second, these individuals names do not appear on a large percentage of Ethicons production to date. (D.I. 190, ex. A at 3-6); cf. Confluent Surgical, Inc. v. HyperBranch Med. Tech., Inc., Civil Action No. 17-688-LPS-CJB, August 23, 2018 Oral Order (D. Del.) (granting defendants request to compel plaintiff to search the custodial files of an employee who appeared likely to have important relevant ESI in his possession where it was not clear that such documents would be significantly cumulative of those in the possession of other proposed custodians). The parties shall meet and confer to determine a reasonable deadline by which such production shall be complete. Ordered by Judge Christopher J. Burke on 10/30/2018. (dlb)
October 29, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 10/29/2018. The Court heard argument from the parties on the discovery dispute, (D.I. 183), and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Egan, C. Pepe, C. Marando, E. Weiswasser for Plaintiffs; D. Fry, R.A. Lauridsen for Defendants. (mlc)
October 26, 2018 Filing 191 STATEMENT re #127 Claim Construction Answering Brief, [DEFENDANTS' SUPPLEMENTAL CLAIM CONSTRUCTION BRIEF] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
October 25, 2018 Filing 190 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Response to Intuitive's Motion to Compel. (Attachments: #1 Exhibits A-C)(Egan, Brian)
October 24, 2018 Filing 189 NOTICE to Take Deposition of Bill Burbank on October 30, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
October 24, 2018 Filing 188 NOTICE to Take Deposition of Sal Brogna on October 26, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
October 23, 2018 Filing 187 Letter to The Honorable Christopher J. Burke from David M. Fry regarding Discovery Dispute Teleconference. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Fry, David)
October 22, 2018 Filing 186 NOTICE to Take Deposition of Jennifer Nagy on November 7, 2018 at 9:00 a.m. (Amended) filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 19, 2018 Filing 185 NOTICE OF SERVICE of 1) Defendants' Amended Notice of Deposition of Fredrick Shelton; 2) Defendants' Amended Notice of Deposition of Chris Dickerson; 3) Defendants' Amended Notice of Deposition of Jeff Swayze; and 4) Defendants' Amended Notice of Deposition of Jennifer Nagy filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 18, 2018 Filing 184 NOTICE OF SERVICE of Subpoena Directed to Nitin Jain filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 17, 2018 Filing 183 Joint MOTION For Teleconference to Resolve Discovery Dispute re Order Setting Teleconference,,,,, - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
October 17, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' October 17, 2018 letter regarding a discovery dispute, (D.I. 182), HEREBY ORDERS that the procedures for resolving a discovery dispute set out in paragraph 8(g) of the Scheduling Order will be altered as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference will be held on Monday, October 29, 2018 at 4:00 pm; (3) Not less than ninety-six (96) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the hearing, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (4) Two courtesy copies of the letters are to be hand delivered to the Clerks' Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 10/17/2018. (dlb)
October 17, 2018 Filing 182 Letter to The Honorable Leonard P. Stark from David M. Fry regarding Request for Discovery Teleconference. (Fry, David)
October 16, 2018 Filing 181 DECLARATION re #180 Statement -- Declaration of Shorya Awtar -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1)(Egan, Brian)
October 16, 2018 Filing 180 STATEMENT -- Supplemental Claim Construction Brief -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
October 16, 2018 Filing 179 NOTICE to Take Deposition of Paul Ritchie on November 13, 2018 filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 16, 2018 Filing 178 AMENDED DOCUMENT by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. Amendment to #149 Notice to Take Deposition of James Giordano. (Fry, David)
October 16, 2018 Filing 177 NOTICE OF SERVICE of 1) Defendants' Second Set of Interrogatories to Plaintiffs and 2) Defendant Intuitive Surgical, Inc.'s Objections and Responses to Plaintiffs' 30(b)(6) Deposition Notice filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 16, 2018 Filing 176 NOTICE OF SERVICE of Defendants' First Amended Notice of Deposition of Plaintiff Ethicon Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 16, 2018 Filing 175 Official Transcript of Claim Construction Hearing held on October 1, 2018 before Chief Judge Leonard P. Stark. 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 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (bpg)
October 11, 2018 Opinion or Order SO ORDERED, re #171 Joint STIPULATION To Allow Plaintiffs To File a Short Additonal Brief and/or Declaration re #129 Declaration, #127 Claim Construction Answering Brief filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 10/11/2018. (etg)
October 10, 2018 Filing 174 NOTICE OF SERVICE of Plaintiffs' Privilege Log (Volume 2) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
October 8, 2018 Filing 173 NOTICE OF SERVICE of 1) Defendants' Notice of Deposition of Jeff Swayze 2) Defendants' Notice of Deposition of Tom O'Brien 3) Defendants' Notice of Deposition of Elliott Fegelman 4) Defendants' Notice of Deposition of Chris Dickerson 5) Defendants' Notice of Deposition of William Weisenburgh 6) Defendants' Notice of Deposition of Jerome Morgan 7) Defendants' Notice of Deposition of Mark Ransick 8) Defendants' Notice of Deposition of Eugene Timperman filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 8, 2018 Filing 172 NOTICE OF SERVICE of Ethicon's Responses and Objections to Intuitive's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(B)(6) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
October 5, 2018 Filing 171 Joint STIPULATION To Allow Plaintiffs To File a Short Additonal Brief and/or Declaration re #129 Declaration, #127 Claim Construction Answering Brief, by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
October 4, 2018 Filing 170 NOTICE OF SERVICE of Defendants' Amended Subpoena Directed to Kyle Moore filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 3, 2018 Filing 169 NOTICE OF SERVICE of Plaintiffs' Amended Initial Disclosures filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
October 1, 2018 Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 10/1/2018. (Court Reporter B. Gaffigan.) (ntl)
September 28, 2018 Filing 168 NOTICE to Take Deposition of Don Wilson on November 2, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 167 NOTICE to Take Deposition of David Weir on October 16, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 166 NOTICE to Take Deposition of Jonathan Simpson on October 26, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 165 NOTICE to Take Deposition of Pat Flanagan on November 5, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 164 NOTICE to Take Deposition of Kevin Durant on November 8, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 163 NOTICE to Take Deposition of Bob DeSantis on November 9, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 162 NOTICE to Take Deposition of Bill Burbank on October 19, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 161 NOTICE to Take Deposition of Sal Brogna on November 1, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 160 NOTICE to Take Deposition of Curt Boeschenstein on October 30, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 159 NOTICE to Take Deposition of David Bailey on October 11, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 28, 2018 Filing 158 Remark: Counsel shall be prepared at the hearing on Monday to address the Motion for a Conference with the Court and Limited Discovery (in 18-1325) as well as the motion to strike (in 17-871). Associated Cases: 1:17-cv-00871-LPS, 1:18-cv-01325-LPS (ntl)
September 27, 2018 Filing 157 NOTICE to Take Deposition of Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings, LLC on October 25, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 27, 2018 Pro Hac Vice Attorney Divya Musinipally for Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., and Intuitive 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 26, 2018 Opinion or Order SO ORDERED, re #155 MOTION for Pro Hac Vice Appearance of Attorney Divya Musinipally filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Signed by Judge Leonard P. Stark on 9/26/18. (ntl)
September 25, 2018 Opinion or Order Filing 156 ORAL ORDER: IT IS HEREBY ORDERED that the Markman Hearing scheduled for October 1, 2018 will begin at 1:00 PM in Courtroom 6B. ORDERED by Judge Leonard P. Stark on 9/25/18. (ntl)
September 25, 2018 Filing 155 MOTION for Pro Hac Vice Appearance of Attorney Divya Musinipally - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
September 24, 2018 Filing 154 NOTICE OF SERVICE of Plaintiffs' Privilege Log filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
September 24, 2018 Filing 153 ANSWER to Amended Complaint, re: #135 Amended Complaint, with JURY DEMAND by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 24, 2018 Filing 152 CLAIM CONSTRUCTION REPLY BRIEF re #127 Claim Construction Answering Brief, filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
September 21, 2018 Filing 151 NOTICE OF SERVICE of Non-Party Kyle Moore's Responses and Objections to Defendants' Subpoena to Produce Documents and Testify at a Deposition filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
September 21, 2018 Filing 150 NOTICE to Take Deposition of Nitin Jain on October 24, 2018 at 9:00 a.m. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 21, 2018 Filing 149 NOTICE to Take Deposition of James Giordano on October 23, 2018 at 9:00 a.m. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 21, 2018 Filing 148 NOTICE to Take Deposition of Jennifer Nagy on October 18, 2018 at 9:00 a.m. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 21, 2018 Filing 147 NOTICE to Take Deposition of Fredrick Shelton on October 16 and 17, 2018 at 9:00 a.m. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 14, 2018 Filing 146 NOTICE OF SERVICE of (1) [Amended] Notice of Deposition of Richard Timm filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 14, 2018 Filing 145 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding request for teleconference - re #139 MOTION to Strike #129 Declaration of Jeffrey Vaitekunas MOTION for Leave to File a Claim Construction Reply Brief -- re #138 Letter. (Blumenfeld, Jack)
September 14, 2018 Filing 144 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding motion to strike - re #139 MOTION to Strike #129 Declaration of Jeffrey Vaitekunas MOTION for Leave to File a Claim Construction Reply Brief -- re #138 Letter. (Blumenfeld, Jack)
September 12, 2018 Filing 143 Letter to The Honorable Leonard P. Stark from Brian P. Egan regarding Interim Status Report - re #47 Scheduling Order,,. (Egan, Brian)
September 11, 2018 Filing 142 Letter to The Honorable Leonard P. Stark from David M. Fry regarding in Response to Ethicon's Motion to Strike - re #138 Letter. (Attachments: #1 Exhibit A)(Fry, David)
September 11, 2018 Filing 141 NOTICE OF SERVICE of 1) Defendants' Notice of Deposition of Plaintiff Ethicon LLC Pursuant to Fed. R. Civ. P. 30(b)(6); 2) Defendants' Notice of Deposition of Richard Timm; and 3) Defendants' Subpoena Directed to Kyle Moore filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 10, 2018 Filing 140 NOTICE OF SERVICE of Plaintiffs' Reduction of Asserted Claims filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
September 4, 2018 Filing 139 MOTION to Strike #129 Declaration of Jeffrey Vaitekunas, MOTION for Leave to File a Claim Construction Reply Brief -- re #138 Letter - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
September 4, 2018 Filing 138 Letter to The Honorable Leonard P. Stark from Brian P. Egan regarding request that the Court strike the responsive claim construction declaration of Dr. Vaitekunas - re #129 Declaration. (Attachments: #1 Exhibits 1-2)(Egan, Brian)
August 27, 2018 Filing 137 NOTICE OF SERVICE of (1) Defendants' Responses and Objections to Plaintiffs' Second Set of Interrogatories (Nos. 10-11) filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
August 13, 2018 Opinion or Order SO ORDERED, re #136 STIPULATION TO EXTEND TIME (1) for the parties to substantially complete document production and (2) for the fact discovery cut off to August 24, 2018 and November 15, 2018, respectively filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 8/13/18. (ntl)
August 10, 2018 Filing 136 STIPULATION TO EXTEND TIME (1) for the parties to substantially complete document production and (2) for the fact discovery cut off to August 24, 2018 and November 15, 2018, respectively - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
August 9, 2018 Filing 135 Third AMENDED COMPLAINT against Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.- filed by Ethicon LLC, Ethicon Endo-Surgery, Inc., Ethicon US LLC. (Attachments: #1 Exhibit A - D, #2 Exhibit E - N)(Egan, Brian)
August 8, 2018 Opinion or Order Filing 134 ORDER re #126 MOTION for Leave to File Third Amended and Supplemental Complaint (UNOPPOSED) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Leonard P. Stark on 8/8/18. (ntl)
August 7, 2018 Filing 133 REDACTED VERSION of #126 MOTION for Leave to File Third Amended and Supplemental Complaint (UNOPPOSED) by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1 & 2)(Egan, Brian)
August 2, 2018 Opinion or Order Filing 132 ORAL ORDER: IT IS HEREBY ORDERED that each side will be allocated 1.5 hours for argument at the Markman Hearing scheduled for October 1, 2018. ORDERED by Judge Leonard P. Stark on 8/2/18. (ntl)
August 1, 2018 Filing 131 STATEMENT re #115 Letter -- Ethicon's Written Comment on Intuitive Surgical's Technology Tutorial -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1)(Egan, Brian)
August 1, 2018 Filing 130 CLAIM CONSTRUCTION ANSWERING BRIEF re #116 Claim Construction Opening Brief filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1 & 2)(Egan, Brian)
August 1, 2018 Filing 129 DECLARATION re #127 Claim Construction Answering Brief, [RESPONSE DECLARATION OF JEFFREY VAITEKUNAS] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 1, 2018 Filing 128 DECLARATION re #127 Claim Construction Answering Brief, [DECLARATION OF WILLIAM HICKS] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 1, 2018 Filing 127 CLAIM CONSTRUCTION ANSWERING BRIEF re #119 Claim Construction Opening Brief [DEFENDANTS' RESPONSE TO ETHICON'S OPENING CLAIM CONSTRUCTION BRIEF] filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 1, 2018 Filing 126 [SEALED] MOTION for Leave to File Third Amended and Supplemental Complaint (UNOPPOSED) - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Egan, Brian)
July 31, 2018 Filing 125 Letter to The Honorable Leonard P. Stark from Brian P. Egan regarding Markman hearing. (Egan, Brian)
July 27, 2018 Filing 124 NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories (Nos. 10-11) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
July 17, 2018 Opinion or Order SO ORDERED D.I. #123 STIPULATION TO EXTEND TIME for the parties to substantially complete document production to August 10, 2018 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Ordered by Judge Christopher J. Burke on 7/17/2018. (dlb)
July 13, 2018 Filing 123 STIPULATION TO EXTEND TIME for the parties to substantially complete document production to August 10, 2018 - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
July 12, 2018 Filing 122 ANSWER to Amended Complaint, re: #114 Amended Complaint, with JURY DEMAND by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
June 28, 2018 Filing 121 DECLARATION re #119 Claim Construction Opening Brief -- Declaration of Shorya Awtar -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
June 28, 2018 Filing 120 DECLARATION (Declaration of Jeffrey Vaitekunas) by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
June 28, 2018 Filing 119 CLAIM CONSTRUCTION OPENING BRIEF filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits 1-11)(Blumenfeld, Jack)
June 28, 2018 Filing 118 DECLARATION re #116 Claim Construction Opening Brief (Declaration of Divya Musinipally) by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
June 28, 2018 Filing 117 DECLARATION re #116 Claim Construction Opening Brief (Declaration of Bryan Knodel) by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
June 28, 2018 Filing 116 CLAIM CONSTRUCTION OPENING BRIEF filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
June 28, 2018 Filing 115 Letter to The Honorable Leonard P. Stark from David M. Fry regarding technology tutorial. (Fry, David)
June 28, 2018 Filing 114 Second AMENDED COMPLAINT (Second Supplemental Complaint) against Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.- filed by Ethicon LLC, Ethicon Endo-Surgery, Inc., Ethicon US LLC. (Attachments: #1 Exhibit A - D, #2 Exhibit E - N)(Egan, Brian)
June 28, 2018 Filing 113 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding technology tutorial. (Blumenfeld, Jack)
June 28, 2018 Opinion or Order Filing 112 ORAL ORDER: Having reviewed the parties' submissions (see, e.g., D.I. 106, 107, 109), IT IS HEREBY ORDERED that Plaintiffs' motion for leave to file a Second Supplemental Complaint (D.I. 105) is GRANTED. The proposed pleading is neither futile nor untimely. The Court understands there to be no per se bar on supplementing a complaint to assert ongoing infringement of a patent claim in its presently-existing state, in light of the issuance, during the pendency of a lawsuit, of a Certificate of Correction. See Finjan, Inc. v. Proof point, Inc., 2014 WL 6386727, at *2 (N.D. Cal. Nov. 14, 2014) ("Many courts have found that amending or supplementing the complaint to add a certificate of correction is appropriate in order to apply the certificate of correction to infringing acts that occur after the date the certificate issues."). Defendants may press their contentions as this case proceeds in the context of (for example) claim construction and invalidity arguments. Plaintiffs did not unduly delay, as they provided notice of their reliance on the Certificate within two weeks of its issuance (in their infringement contentions) and filed their motion for leave approximately four months later, at a time that does not unduly prejudice Defendants (given, for instance, that the parties are still engaged in fact discovery, claim construction briefing has not even begun, and the deadline for amended pleadings is still a month away). The Court further agrees with Plaintiffs that the requested relief promotes judicial efficiency, far more than the alternative of initiating an entirely new patent lawsuit. The teleconference scheduled for tomorrow, June 29, is CANCELLED. ORDERED by Judge Leonard P. Stark on 6/28/18. (ntl)
June 25, 2018 Opinion or Order Filing 111 ORAL ORDER: IT IS HEREBY ORDERED that a teleconference has been scheduled for June 29, 2018 at 3:15 p.m. regarding the motion to amend (D.I. #105 ). No further submissions are needed. Counsel for Plaintiff(s) shall initiate the teleconference call to 302-573-4571. ORDERED by Judge Leonard P. Stark on 6/25/18. (ntl)
June 20, 2018 Opinion or Order SO ORDERED, re #108 STIPULATION (and proposed Order) to Extend Page Limitations for claim construction briefs filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Signed by Judge Leonard P. Stark on 6/20/18. (ntl)
June 18, 2018 Filing 110 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding request for teleconference - re #105 MOTION for Leave to File a Second Supplemental Complaint. (Blumenfeld, Jack)
June 18, 2018 Filing 109 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding reply in support of motion for leave to file a second supplemental complaint - re #105 MOTION for Leave to File a Second Supplemental Complaint. (Blumenfeld, Jack)
June 18, 2018 Filing 108 STIPULATION (and proposed Order) to Extend Page Limitations for claim construction briefs by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Shaw, John)
June 13, 2018 Filing 107 Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Response to Ethicon's June 6, 2018 Letter - re #106 Letter,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shaw, John)
June 6, 2018 Filing 106 Letter to The Honorable Leonard P. Stark from Brian P. Egan regarding support for Motion for Leave to File a Second Supplemental Complaint - re #105 MOTION for Leave to File a Second Supplemental Complaint. (Attachments: #1 Exhibit 1)(Egan, Brian)
June 6, 2018 Filing 105 MOTION for Leave to File a Second Supplemental Complaint - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1, #2 Exhibit B & I to Exhibit 1, #3 Exhibit 2, #4 Exhibit B & I to Exhibit 2)(Egan, Brian)
May 23, 2018 Filing 104 Joint APPENDIX re #102 Claim Construction Chart -- Volume 2 of 2 (Tabs 12-20) by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
May 23, 2018 Filing 103 Joint APPENDIX re #102 Claim Construction Chart -- Volume 1 of 2 (Tabs 1-11) by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
May 23, 2018 Filing 102 CLAIM Construction Chart by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
May 2, 2018 Filing 101 NOTICE OF SERVICE of (1) Intuitive Surgical's Claim Terms to Be Construed and Proposed Constructions filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
May 2, 2018 Filing 100 NOTICE OF SERVICE of Plaintiffs' Proposed Claim Terms and Constructions filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
April 30, 2018 Filing 99 NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Second Set of Interrogatories (No. 11) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
April 17, 2018 Filing 98 NOTICE OF SERVICE of Defendants' Reduction of Prior Art References and Arguments filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
April 3, 2018 Filing 97 NOTICE OF SERVICE of Plaintiffs' Reduction of Asserted Claims filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
April 2, 2018 Filing 96 NOTICE OF SERVICE of Defendants' Second Set of Interrogatories to Plaintiffs filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
March 22, 2018 Pro Hac Vice Attorney Matthew D. Sieger for Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US 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. (crb)
March 21, 2018 Opinion or Order SO ORDERED D.I. #92 MOTION for Pro Hac Vice Appearance of Attorney Matthew David Sieger filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Ordered by Judge Christopher J. Burke on 3/21/2018. (dlb)
March 20, 2018 Filing 95 NOTICE OF SERVICE of (1) Defendants' Invalidity Contentions filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
March 19, 2018 Filing 94 NOTICE OF SERVICE of Defendants' Notice of Third Party Subpoenas Directed to Medtronic, Inc. and Medtronic USA, Inc. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Shaw, John)
March 19, 2018 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Chief Judge Leonard P. Stark on 3/19/2018. (dlb)
March 9, 2018 Filing 93 NOTICE OF SERVICE of Plaintiffs' Second Supplemental Responses and Objections to Defendants' First Set of Interrogatories (No. 2) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
March 8, 2018 Filing 92 MOTION for Pro Hac Vice Appearance of Attorney Matthew David Sieger - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
February 23, 2018 Filing 91 Redaction of 78 . Official Transcript of Telephone Conference held on January 30, 2018 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. (bpg)
February 22, 2018 Filing 90 REDACTED VERSION of #86 MOTION to Redact 78 Transcript,, [UNOPPOSED MOTION TO REDACT PORTIONS OF HEARING TRANSCRIPT AND MEMORANDUM ORDER REGARDING 60MM DISCOVERY DISPUTE] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
February 22, 2018 Filing 89 REDACTED VERSION of D.I. #84 Memorandum Order. (mlc)
February 22, 2018 Opinion or Order Filing 88 ORDER GRANTING D.I. #86 MOTION to Redact 78 Transcript,, [UNOPPOSED MOTION TO REDACT PORTIONS OF HEARING TRANSCRIPT AND MEMORANDUM ORDER REGARDING 60MM DISCOVERY DISPUTE] filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Signed by Judge Christopher J. Burke on 2/22/2018. (mlc)
February 15, 2018 Filing 87 NOTICE OF SERVICE of Plaintiffs' First Supplemental Responses and Objections to Defendants' First Set of Interrogatories (Nos. 2, 10) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
February 15, 2018 Filing 86 [SEALED] MOTION to Redact 78 Transcript,, [UNOPPOSED MOTION TO REDACT PORTIONS OF HEARING TRANSCRIPT AND MEMORANDUM ORDER REGARDING 60MM DISCOVERY DISPUTE] - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Fry, David)
February 13, 2018 Filing 85 NOTICE OF SERVICE of Defendants Amended Initial Disclosures filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
February 12, 2018 Opinion or Order Filing 84 [SEALED] MEMORANDUM ORDER DENYING D.I. #70 MOTION for Teleconference to Resolve Discovery Dispute re #69 Letter filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Christopher J. Burke on 2/12/2018.This order has been emailed to local counsel. (mlc)
February 9, 2018 Filing 83 PROPOSED ORDER -- Order Governing the Standard for Discovery for Electronically Stored Information ("ESI) and Paper Documents by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
February 8, 2018 Filing 82 NOTICE OF SERVICE of Plaintiffs' Initial Infringement Claim Charts filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
February 8, 2018 Filing 81 NOTICE of Intent to Request Redaction by David M. Fry re 78 Transcript,,. (Fry, David)
February 2, 2018 Filing 80 REDACTED VERSION of #75 Declaration by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
February 2, 2018 Filing 79 REDACTED VERSION of #74 Letter by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
January 31, 2018 Filing 77 REDACTED VERSION of #72 Letter by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1 - 7)(Egan, Brian)
January 30, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Conference held on 1/30/2018. The Court heard argument from the parties on the discovery dispute and will issue an order.(Court Reporter Brian Gaffigan. Clerk: Crawford) Appearances: B. Egan, A. Desai, C. Marando, E. Weiswasser for Plaintiffs; D. Fry, J. Shaw, R.A. Lauridsen for Defendants. (mlc)
January 26, 2018 Opinion or Order Filing 76 ORDER Setting Mediation Conference: A Telephone Conference is set for 4/9/2018 at 11:15 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 1/26/2018. (dlb)
January 26, 2018 Filing 75 [SEALED] DECLARATION re #74 Letter [DECLARATION OF ROBERT DESANTIS] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
January 26, 2018 Filing 74 [SEALED] Letter to The Honorable Christopher J. Burke from David M. Fry regarding Discovery Dispute - re Order Setting Teleconference,,,,. (Fry, David)
January 24, 2018 Filing 73 DECLARATION re #72 Letter /Declaration of Todd Omaits by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
January 24, 2018 Filing 72 [SEALED] Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Discovery Dispute. (Attachments: #1 Exhibits 1-7)(Blumenfeld, Jack)
January 17, 2018 Filing 71 NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Second Set of Requests for the Production of Documents (Nos. 47-55) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
January 17, 2018 Opinion or Order ORAL ORDER: The Court having reviewed the parties' January 16, 2018 letter regarding a discovery dispute, (D.I. 69), IT IS HEREBY ORDERED that the procedures for resolving a discovery dispute set out in paragraph 8(g) of the Scheduling Order will be altered as follows with regard to this dispute: (1) A discovery dispute teleconference will be held on January 30, 2018 at 1:00 pm; (2) Not less than ninety-six (96) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the hearing, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (3) Courtesy copies of the letters are to be hand delivered to the Clerks' Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 1/17/2018. (dlb)
January 16, 2018 Filing 70 MOTION for Teleconference to Resolve Discovery Dispute re #69 Letter - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Egan, Brian)
January 16, 2018 Filing 69 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding a Request for Discovery Teleconference. (Egan, Brian)
January 9, 2018 Opinion or Order Filing 68 ORDER regarding case narrowing. Signed by Judge Christopher J. Burke on 1/9/2018. (mlc)
December 19, 2017 Filing 67 Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding proposal reducing the asserted claims and prior art references. (Attachments: #1 Exhibit 1)(Blumenfeld, Jack)
December 19, 2017 Opinion or Order SO ORDERED D.I. #65 STIPULATION TO EXTEND TIME to submit a case narrowing proposal to December 19, 2017 filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Ordered by Judge Christopher J. Burke on 12/19/2017. (dlb)
December 18, 2017 Filing 66 NOTICE OF SERVICE of Defendants' Second Set of Requests for Production of Documents to Plaintiffs filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
December 18, 2017 Filing 65 STIPULATION TO EXTEND TIME to submit a case narrowing proposal to December 19, 2017 - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
December 15, 2017 Filing 64 REDACTED VERSION of #61 MOTION to Redact #54 Transcript,, [UNOPPOSED MOTION TO REDACT PORTIONS OF TRANSCRIPT OF RULE 16 CONFERENCE AND MOTION HEARING] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
December 12, 2017 Filing 63 Redacted version of #54 Transcript. (dlb)
December 12, 2017 CORRECTING ENTRY: Corrected transcript added to D.I. #54 per request of court reporter. (ntl)
December 11, 2017 Opinion or Order Filing 62 ORDER GRANTING D.I. #61 MOTION to Redact #54 Transcript,, [UNOPPOSED MOTION TO REDACT PORTIONS OF TRANSCRIPT OF RULE 16 CONFERENCE AND MOTION HEARING] filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Signed by Judge Christopher J. Burke on 12/11/2017. (mlc)
December 8, 2017 Filing 61 [SEALED] MOTION to Redact #54 Transcript,, [UNOPPOSED MOTION TO REDACT PORTIONS OF TRANSCRIPT OF RULE 16 CONFERENCE AND MOTION HEARING] - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Fry, David)
November 29, 2017 Opinion or Order SO ORDERED D.I. #60 Proposed Protective Order filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Ordered by Judge Christopher J. Burke on 11/29/2017. (dlb)
November 28, 2017 Filing 60 PROPOSED ORDER -- Protective Order -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
November 27, 2017 Opinion or Order SO ORDERED D.I. #59 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to November 28, 2017 filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Ordered by Judge Christopher J. Burke on 11/27/17. (mlc)
November 27, 2017 Filing 59 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to November 28, 2017 - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
November 27, 2017 Filing 58 ANSWER to Amended Complaint, re: #49 Amended Complaint with JURY DEMAND by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 21, 2017 Filing 57 NOTICE OF SERVICE of (1) Defendants' Initial Disclosures filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
November 21, 2017 Filing 56 NOTICE of Intent to Request Redaction by David M. Fry re #54 Transcript,,. (Fry, David)
November 20, 2017 Filing 55 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
November 17, 2017 Filing 54 (SEALED) Official Transcript of Telephone Conference and Motion held on November 13, 2017 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. SEE REDACTED VERSION below) (bpg) (Main Document 54 replaced on 12/12/2017) (ntl). Modified on 12/12/2017 (dlb).
November 14, 2017 Filing 53 NOTICE OF SERVICE of Plaintiffs' Identification of Accused Products, Asserted Patents, and Damages Model filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Blumenfeld, Jack)
November 13, 2017 CASE REFERRED to Magistrate Judge Burke 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 (dlb)
November 13, 2017 Filing 52 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,616,431 B2; . (Blumenfeld, Jack)
November 13, 2017 Filing 51 EXHIBIT re #49 Amended Complaint -- Exhibits E - N to the First Supplemental Complaint - Volume 2 -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
November 13, 2017 Filing 50 EXHIBIT re #49 Amended Complaint -- Exhibits A - D to the First Supplemental Complaint - Volume 1 -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
November 13, 2017 Filing 49 AMENDED COMPLAINT against Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.- filed by Ethicon LLC, Ethicon Endo-Surgery, Inc., Ethicon US LLC.(Blumenfeld, Jack)
November 13, 2017 Opinion or Order Filing 48 ORAL ORDER: Regarding the Referral Order to Judge Burke (D.I. 5), IT IS HEREBY ORDERED that the Order is modified and Discovery is also referred to Judge Burke. ORDERED by Judge Leonard P. Stark on 11/13/17. (ntl)
November 13, 2017 Opinion or Order ORAL ORDER: For the reasons discussed during the teleconference with the parties today, the Court HEREBY ORDERS that by no later than December 15, 2017, the parties shall: (1) meet and confer regarding the extent to which the number of asserted claims and prior art shall be narrowed in the case, and the appropriate date(s) for such narrowing; and (2) submit a joint letter of no more than three (3) single-spaced pages indicating whether the parties have reached agreement with respect to a schedule for case narrowing. If the parties have reached agreement, they shall set out the agreed-upon schedule. If the parties have not reached agreement, they shall set out their respective proposals. Ordered by Judge Christopher J. Burke on 11/13/2017. (mlc)
November 13, 2017 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' letter briefs, (D.I. 36, 37, 39), with regard to Plaintiffs' Motion for Leave to File Supplemental Complaint ("Motion"), (D.I. #33 ), and having heard argument on the Motion in today's telephone conference with the parties, hereby ORDERS that the Motion is GRANTED. Defendants' sole basis for objection to the Motion is that by adding another patent (the "'431 patent") to this six-patent case, Plaintiffs would be unduly expanding the scope of the case in a manner that would cause Defendants prejudice. (D.I. 37) However, the '431 patent allegations are somewhat related to the already-filed Complaint (in that the '431 patent shares a specification and an inventor with an already-asserted patent, and Plaintiffs accuse the same products of infringement of the '431 patent as are accused as to other patents-in-suit). And importantly, Plaintiffs bring this Motion prior to the imposition of a case schedule, such that the newly asserted patent can be incorporated easily into the case management process for the entire matter. This is a key distinguishing factor from another case cited by Defendants, Integra Lifesciences Corp. v. HyperBranch Med. Tech., Inc., Civil Action No. 15-819-LPS-CJB, 2017 WL 634642 (D. Del. Feb. 16, 2017). In Integra, a motion to amend seeking to assert a new patent in a six patent case was denied, but largely because it was filed 17 months after the original Complaint, and because grant of the motion there would have done "violence" to the current case schedule and would have required the trial date to be displaced. Id. at *1-2. That is obviously not the case here. Lastly, as to Defendants' concerns about the size of the case and the number of patents at issue, (D.I. 37 at 3), the Court has already begun to discuss procedures for case narrowing with the parties, and it will work with the parties to appropriately reduce the case's scope as the schedule moves forward. Ordered by Judge Christopher J. Burke on 11/13/2017. (mlc)
November 13, 2017 Opinion or Order Filing 47 SCHEDULING ORDER: Joinder of Parties due by 8/1/2018. Amended Pleadings due by 8/1/2018. Discovery due by 11/1/2018. Dispositive Motions due by 4/25/2019. A Motion Hearing is set for 6/4/2019 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 6/28/2018. A Markman Hearing is set for 10/1/2018 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 9/6/2019 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 10/15/2019 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 11/13/2017. (mlc)
November 13, 2017 Minute Entry for proceedings held before Judge Christopher J. Burke - Oral Argument held on 11/13/2017 re D.I. #33 MOTION for Leave to File Supplemental Complaint filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC, Scheduling Conference held on 11/13/2017. The Court heard argument regarding the Motion for Leave to File Supplemental Complaint and granted the motion. The Court will issue an oral order regarding its decision. The Court provided the parties with dates for the schedule and will issue a revised scheduling order incorporating those dates. (Court Reporter Brian Gaffigan. Clerk: Crawford) Appearances: J. Blumenfeld, A. Desai, C. Pepe, C. Marando, E. Weiswasser for Plaintiffs; J. Shaw, B. Ferrall, E. Santacana for Defendants. (mlc)
November 2, 2017 Filing 46 NOTICE of Change of Address for Weil Gotshal's Washington, D.C. office by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC (Egan, Brian)
October 30, 2017 Opinion or Order ORAL ORDER Setting Teleconference on Motion: The Court will hear argument regarding Plaintiffs' Motion for Leave to File Supplemental Complaint, (D.I. 33), at the time of the Case Management Conference. The Case Management Conference, currently scheduled for November 6, 2017, is hereby rescheduled to November 13, 2017 at 11:30am. The Court will conduct the oral argument and Case Management Conference telephonically. Delaware counsel need not appear in person, and may also participate telephonically. Plaintiffs' counsel shall initiate the teleconference to 302-573-4595. Each side will be allocated 30 minutes for argument on Plaintiffs' Motion for Leave to File Supplemental Complaint, and the Case Management Conference will immediately follow argument on the motion. Ordered by Judge Christopher J. Burke on 10/30/2017. (dlb)
October 30, 2017 Opinion or Order Filing 45 ORAL ORDER: Pursuant to 28 U.S.C. 636, IT IS HEREBY ORDERED that the following motion is referred to Magistrate Judge Christopher J. Burke: Motion for Leave to File Supplemental Complaint (D.I. #33 ). ORDERED by Judge Leonard P. Stark on 10/30/17. (ntl)
October 25, 2017 Filing 44 NOTICE OF SERVICE of (1) Plaintiffs' Responses and Objections to Defendants' First Set of Interrogatories (Nos. 1-10) and (2) Plaintiffs' Responses and Objections to Defendants' First Set of Requests for the Production of Documents and Things to Defendants (Nos. 1-46) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
October 23, 2017 Filing 43 NOTICE OF SERVICE of 1) Defendants' Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-9) and 2) Defendants' Objections and Responses to Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-37) filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
October 12, 2017 Opinion or Order Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 11/6/2017 at 01:30 PM before Judge Christopher J. Burke. Because the proposed order is without any disputes, only Delaware counsel should appear in person. Outside counsel may participate telephonically. Ordered by Judge Christopher J. Burke on 10/12/2017. (dlb)
October 5, 2017 Filing 42 Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding case. (Attachments: #1 Text of Proposed Order Scheduling Order, #2 Case Management Checklist)(Blumenfeld, Jack)
September 26, 2017 Filing 41 NOTICE OF SERVICE of 1) Defendants' First Set of Interrogatories to Plaintiffs and 2) Defendants' First Set of Requests for Production of Documents to Plaintiffs filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
September 25, 2017 Filing 40 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding request for teleconference to address motion for leave to file supplemental complaint - re #33 MOTION for Leave to File Supplemental Complaint. (Blumenfeld, Jack)
September 25, 2017 Filing 39 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding reply in support of motion for leave to file supplemental complaint - re #33 MOTION for Leave to File Supplemental Complaint. (Blumenfeld, Jack)
September 22, 2017 Filing 38 NOTICE OF SERVICE of 1) Plaintiffs' First Set of Interrogatories (Nos. 1-9); and 2) Plaintiffs' First Set of Requests for the Production of Documents and Things to Defendants (Nos. 1-37) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC.(Egan, Brian)
September 21, 2017 Filing 37 Letter to The Honorable Leonard P. Stark from David M. Fry regarding Ethicon's Motion for Leave to File a First Supplemental Complaint - re #33 MOTION for Leave to File Supplemental Complaint. (Fry, David)
September 14, 2017 Filing 36 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding brief in support of motion for leave to file first supplemental complaint - re #33 MOTION for Leave to File Supplemental Complaint. (Blumenfeld, Jack)
September 14, 2017 Filing 35 EXHIBIT re #33 MOTION for Leave to File Supplemental Complaint -- Exhibits E - N to the First Supplemental Complaint - Volume 2 -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit E - N)(Blumenfeld, Jack)
September 14, 2017 Filing 34 EXHIBIT re #33 MOTION for Leave to File Supplemental Complaint -- Exhibits A - D to the First Supplemental Complaint - Volume 1 -- by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit A - D)(Blumenfeld, Jack)
September 14, 2017 Filing 33 MOTION for Leave to File Supplemental Complaint - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Blumenfeld, Jack)
September 6, 2017 Filing 32 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Intuitive Surgical, Inc. for Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc. filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
September 5, 2017 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Signed by Judge Christopher J. Burke on 9/5/2017. (dlb)
September 1, 2017 Filing 31 ANSWER to #1 Complaint, with JURY DEMAND by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..(Fry, David)
August 31, 2017 Filing 30 REDACTED VERSION of #25 Response to Motion by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
August 30, 2017 Filing 29 REDACTED VERSION of #24 Declaration, by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 30, 2017 Filing 28 REDACTED VERSION of #23 MOTION to Redact Portions of Memorandum Order re #22 Memorandum and Order, (Unopposed) by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 29, 2017 Pro Hac Vice Attorney William S. Hicks,Robert A. Van Nest,Brian L. Ferrall,Robert Adam Lauridsen,Eduardo E. Santacana for Intuitive 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. (lmm)
August 25, 2017 Opinion or Order SO ORDERED D.I. #21 MOTION for Pro Hac Vice Appearance of Attorney Robert A. Van Nest, Brian L. Ferrall, R. Adam Lauridsen, William S. Hicks, and Eduardo E. Santacana filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Ordered by Judge Christopher J. Burke on 8/25/2017. (dlb)
August 25, 2017 Filing 27 REDACTED VERSION of #22 Memorandum and Order. (dlb)
August 25, 2017 Opinion or Order Filing 26 ORDER granting D.I. #23 MOTION to Redact Portions of Memorandum Order re #22 Memorandum and Order, (Unopposed). Signed by Judge Christopher J. Burke on 8/25/2017. (dlb)
August 24, 2017 Filing 25 [SEALED] RESPONSE to Motion re #23 MOTION to Redact Portions of Memorandum Order re #22 Memorandum and Order, (Unopposed) filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
August 23, 2017 Filing 24 [SEALED] DECLARATION re #23 MOTION to Redact Portions of Memorandum Order re #22 Memorandum and Order, (Unopposed) (Declaration of Robert DeSantis) by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 23, 2017 Filing 23 [SEALED] MOTION to Redact Portions of Memorandum Order re #22 Memorandum and Order, (Unopposed) - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(Fry, David)
August 16, 2017 Opinion or Order Filing 22 [SEALED] MEMORANDUM ORDER regarding D.I. #13 MOTION for Discovery /Plaintiffs' Motion for Conference with the Court and Limited Expedited Discovery filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Christopher J. Burke on 8/16/2017.This order has been emailed to local counsel. (mlc)
August 16, 2017 Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Robert A. Van Nest, Brian L. Ferrall, R. Adam Lauridsen, William S. Hicks, and Eduardo E. Santacana - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 15, 2017 Pro Hac Vice Attorney Elizabeth S. Weiswasser for Ethicon 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. (lmm)
August 15, 2017 Pro Hac Vice Attorney Christopher T. Marando for Ethicon 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. (lmm)
August 14, 2017 Filing 20 REDACTED VERSION of #18 Declaration by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 14, 2017 Filing 19 REDACTED VERSION of #17 Answering Brief in Opposition, by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 11, 2017 Filing 18 [SEALED] DECLARATION re #17 Answering Brief in Opposition, [DECLARATION OF ROBERT DESANTIS] by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Fry, David)
August 11, 2017 Filing 17 [SEALED] ANSWERING BRIEF in Opposition re #13 MOTION for Discovery /Plaintiffs' Motion for Conference with the Court and Limited Expedited Discovery filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc..Reply Brief due date per Local Rules is 8/18/2017. (Fry, David)
August 10, 2017 Pro Hac Vice Attorney Christopher M. Pepe for Ethicon Endo-Surgery, Inc.,Ethicon LLC,Ethicon US 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. (crb)
August 8, 2017 Pro Hac Vice Attorney Anish R. Desai for Ethicon Endo-Surgery, Inc.,Anish R. Desai for Ethicon LLC,Anish R. Desai for Ethicon US 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. (crb)
August 7, 2017 Opinion or Order SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth S. Weiswasser, Anish R. Desai, Christopher t. Marando and Christopher M. Pepe of Weil Gotshal & Manges LLP filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Christopher J. Burke on 8/7/2017. (dlb)
August 7, 2017 Opinion or Order SO ORDERED D.I. #11 MOTION for Pro Hac Vice Appearance of Attorney Diana P. Sullivan of WEIL GOTSHAL & MANGES LLP filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Signed by Judge Christopher J. Burke on 8/7/2017. (dlb)
August 4, 2017 Opinion or Order ORAL ORDER: The Court having reviewed Plaintiffs' Motion for Conference with the Court and Limited Expedited Discovery ("Motion"), (D.I. 13), IT IS HEREBY ORDERED that by no later than August 11, 2017, Defendants may submit a brief, not to exceed eight (8) pages, setting out their arguments in opposition to the Motion. Thereafter, the Court will determine whether to schedule a teleconference with the parties, or resolve the issue on the papers.Ordered by Judge Christopher J. Burke on 8/4/2017. (dlb)
August 1, 2017 Opinion or Order SO ORDERED D.I. #16 STIPULATION TO EXTEND TIME to Respond to the Complaint to September 1, 2017 filed by Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc., Intuitive Surgical Holdings, LLC. Ordered by Judge Christopher J. Burke on 8/1/2017. (dlb)
July 31, 2017 Filing 16 STIPULATION TO EXTEND TIME to Respond to the Complaint to September 1, 2017 - filed by Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc.. (Shaw, John)
July 28, 2017 Filing 15 DECLARATION re #13 MOTION for Discovery /Plaintiffs' Motion for Conference with the Court and Limited Expedited Discovery of Elizabeth S. Weiswasser by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Attachments: #1 Exhibits 1-13)(Blumenfeld, Jack)
July 28, 2017 Filing 14 DECLARATION re #13 MOTION for Discovery /Plaintiffs' Motion for Conference with the Court and Limited Expedited Discovery of Nitin Jain by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
July 28, 2017 Filing 13 MOTION for Discovery /Plaintiffs' Motion for Conference with the Court and Limited Expedited Discovery - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
July 28, 2017 Filing 12 Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Motion Requesting Conference with Court. (Blumenfeld, Jack)
July 21, 2017 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Diana P. Sullivan of WEIL GOTSHAL & MANGES LLP - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
July 20, 2017 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth S. Weiswasser, Anish R. Desai, Christopher t. Marando and Christopher M. Pepe of Weil Gotshal & Manges LLP - filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
July 13, 2017 Opinion or Order SO ORDERED D.I. #9 Proposed Procdure Order filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. Ordered by Judge Christopher J. Burke on 7/13/2017. (dlb)
July 13, 2017 Filing 9 PROPOSED ORDER -- Procedures Order by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (Blumenfeld, Jack)
July 12, 2017 Filing 8 SUMMONS Returned Executed by Ethicon LLC, Ethicon Endo-Surgery, Inc., Ethicon US LLC. Intuitive Surgical Holdings, LLC served on 7/12/2017, answer due 8/2/2017. (Blumenfeld, Jack)
July 12, 2017 Filing 7 SUMMONS Returned Executed by Ethicon LLC, Ethicon Endo-Surgery, Inc., Ethicon US LLC. Intuitive Surgical Operations, Inc. served on 7/12/2017, answer due 8/2/2017. (Blumenfeld, Jack)
July 12, 2017 Filing 6 SUMMONS Returned Executed by Ethicon LLC, Ethicon Endo-Surgery, Inc., Ethicon US LLC. Intuitive Surgical, Inc. served on 7/12/2017, answer due 8/2/2017. (Blumenfeld, Jack)
July 11, 2017 Opinion or Order Filing 5 ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 7/11/17. (ntl)
July 5, 2017 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
July 3, 2017 Summons Issued with Magistrate Consent Notice attached as to Intuitive Surgical Holdings, LLC on 7/3/2017; Intuitive Surgical Operations, Inc. on 7/3/2017; Intuitive Surgical, Inc. on 7/3/2017. 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. (rwc)
June 30, 2017 Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Johnson & Johnson for Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC filed by Ethicon Endo-Surgery, Inc., Ethicon LLC, Ethicon US LLC. (rwc)
June 30, 2017 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,585,658 B2; 8,479,969 B2; 9,113,874 B2; 8,998,058 B2; 8,991,677 B2; 9,084,601 B2. (rwc)
June 30, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc)
June 30, 2017 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., Intuitive Surgical, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2175367.) - filed by Ethicon LLC, Ethicon Endo-Surgery, Inc., Ethicon US LLC. (Attachments: #1 Exhibit A-L, #2 Civil Cover Sheet)(rwc)

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Search for this case: Ethicon LLC et al v. Intuitive Surgical, Inc. et al
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Plaintiff: Ethicon Endo-Surgery, Inc.
Represented By: Anish R. Desai
Represented By: Brian P. Egan
Represented By: Jack B. Blumenfeld
Represented By: Matthew D. Sieger
Represented By: Christopher M. Pepe
Represented By: Daniel Musher
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Plaintiff: Ethicon US LLC
Represented By: Anish R. Desai
Represented By: Brian P. Egan
Represented By: Jack B. Blumenfeld
Represented By: Matthew D. Sieger
Represented By: Christopher M. Pepe
Represented By: Daniel Musher
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Plaintiff: Ethicon LLC
Represented By: Anish R. Desai
Represented By: Brian P. Egan
Represented By: Jack B. Blumenfeld
Represented By: Elizabeth S. Weiswasser
Represented By: Matthew D. Sieger
Represented By: Christopher T. Marando
Represented By: Christopher M. Pepe
Represented By: Daniel Musher
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Defendant: Intuitive Surgical Holdings, LLC
Represented By: John W. Shaw
Represented By: Divya Musinipally
Represented By: David M. Fry
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Defendant: Intuitive Surgical Operations, Inc.
Represented By: John W. Shaw
Represented By: Divya Musinipally
Represented By: David M. Fry
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Defendant: Intuitive Surgical, Inc.
Represented By: R. Adam Lauridsen
Represented By: Robert A. Van Nest
Represented By: Eduardo E. Santacana
Represented By: William S. Hicks
Represented By: Brian L. Ferrall
Represented By: John W. Shaw
Represented By: Divya Musinipally
Represented By: David M. Fry
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