Align Technology, Inc. v. 3Shape A/S et al
Plaintiff: Align Technology, Inc.
Defendant: 3Shape A/S and 3Shape Inc.
Case Number: 1:2017cv01646
Filed: November 14, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Christopher J Burke
Referring Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2019 Opinion or Order SO ORDERED, re #231 STIPULATION TO EXTEND TIME (and proposed order) to serve opening expert reports to October 16, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/12/19. (ntl)
September 11, 2019 Filing 231 STIPULATION TO EXTEND TIME (and proposed order) to serve opening expert reports to October 16, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey)
September 11, 2019 Filing 230 NOTICE OF SERVICE of Plaintiff Align Technology, Inc.s Second Supplemental Rule 26(a)(1) Initial Disclosures filed by Align Technology, Inc..(Castellano, Jeffrey)
September 5, 2019 Filing 229 NOTICE OF SERVICE of Subpoenas for Production and Testimony to 1) New Image Dental Laboratory, Inc. 2) Nakanishi Dental Laboratory, Inc. 3) Carbon, Inc. 4) Bona-Dent, Inc. 5) Arrowhead Dental, Inc. filed by Align Technology, Inc..(Keller, Karen)
August 29, 2019 Filing 228 NOTICE OF SERVICE of Plaintiff Align Technology, Inc.'s Final Infringement Contentions filed by Align Technology, Inc..(Castellano, Jeffrey)
August 28, 2019 Filing 227 NOTICE OF SERVICE of 1. Plaintiff Align Technology, Inc.s Second Set of Interrogatories to Defendants 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. (Nos. 20-25) 2. Plaintiff Align Technology, Inc.s Second Set of Requests for the Production of Documents and Things and/or Inspection to Defendants 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. (Nos. 123-126) 3. Plaintiff Align Technology, Inc.s Supplemental Rule 26(a)(1) Disclosures filed by Align Technology, Inc..(Castellano, Jeffrey)
August 28, 2019 Filing 226 NOTICE OF SERVICE of Defendant's Second Set of Interrogatories to Plaintiff (Nos. 8-12), Defendant's First Set of Requests for Admission to Plaintiff (Nos. 1-20), and Defendant's Second Set of Requests for Production Documents, Electronically Stored Information, and Things to Plaintiff (Nos. 131-152) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
August 27, 2019 Filing 225 NOTICE OF SERVICE of 1. Plaintiffs Supplemental Notice of Deposition of Nikolaj Kromann Jorgensen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 2. Plaintiffs Supplemental Notice of Deposition of Tais Clausen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 3. Plaintiffs Supplemental Notice of Deposition of Christoffer Melchior Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
August 9, 2019 Filing 224 ANSWER to #214 Answer to Complaint, Counterclaim by Align Technology, Inc..(Castellano, Jeffrey)
August 2, 2019 Filing 223 Official Transcript of Motion Hearing held on July 22, 2019 before Judge Christopher J. Burke. Court Reporter/Transcriber Susan Migatz of Veritext, Telephone number (302) 571-0510. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/23/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/31/2019. (bpg)
August 1, 2019 Opinion or Order SO ORDERED, re #220 STIPULATION TO EXTEND TIME Multiple Deadlines in Scheduling Order to see stipulation -- Discovery due by 9/26/2019. Dispositive Motions due by 1/17/2020. Signed by Judge Leonard P. Stark on 8/1/19. (ntl)
July 26, 2019 Filing 222 NOTICE OF SERVICE of Objections and Responses to Plaintiff's Second Set of Requests for the Production of Documents and Things (Nos 103-122) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
July 25, 2019 Filing 221 REDACTED VERSION of (175 in 1:17-cv-01647-LPS) Letter, (213 in 1:17-cv-01646-LPS) Letter by Align Technology, Inc.. (Castellano, Jeffrey)
July 25, 2019 Filing 220 STIPULATION TO EXTEND TIME Multiple Deadlines in Scheduling Order to see stipulation - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
July 25, 2019 Opinion or Order SO ORDERED, re #215 STIPULATION TO EXTEND TIME Final infringement contentions, deadline to supplement, inter alia, the identification of all accused products and of all invalidity references and final invalidity contentions to July 26, 2019, July 30, 2019 and August 16, filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 7/24/19. (ntl)
July 23, 2019 Filing 219 REDACTED VERSION of (211 in 1:17-cv-01646-LPS) Objections, (174 in 1:17-cv-01647-LPS) Objections by Align Technology, Inc.. (Castellano, Jeffrey)
July 23, 2019 Filing 218 REDACTED VERSION of (210 in 1:17-cv-01646-LPS) Objections, (173 in 1:17-cv-01647-LPS) Objections, by Align Technology, Inc.. (Castellano, Jeffrey)
July 23, 2019 Filing 217 REDACTED VERSION of (209 in 1:17-cv-01646-LPS) Sur-Reply Brief, (172 in 1:17-cv-01647-LPS) Sur-Reply Brief, by Align Technology, Inc.. (Castellano, Jeffrey)
July 23, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 7/22/2019 regarding D.I. (145 in 1:17-cv-01646-LPS, 138 in 1:17-cv-01647-LPS). The Court heard argument regarding the motion for a protective order and will take the matter under advisement. (Court Reporter Susan Migatz (Veritext). Clerk: M. Streifthau-Livizos) Appearances: J. Shaw, B. Jacobs, C. Ondrick, G. Margeson for Plaintiff; L. Smith, L. Pitts, K. Coghill, N. Loizides for Defendants. Associated Cases: 1:17-cv-01647-LPS, 1:17-cv-01646-LPS(mlc) Modified on 7/23/2019 (mlc).
July 22, 2019 Filing 216 REDACTED VERSION of #208 Letter, by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Exhibit Exhibit 17, #2 Exhibit Exhibit 18)(Grivner, Geoffrey)
July 19, 2019 Filing 215 STIPULATION TO EXTEND TIME Final infringement contentions, deadline to supplement, inter alia, the identification of all accused products and of all invalidity references and final invalidity contentions to July 26, 2019, July 30, 2019 and August 16, 2019, respectively - filed by Align Technology, Inc.. (Castellano, Jeffrey)
July 19, 2019 Filing 214 ANSWER to #1 Complaint, (First Amended Complaint), Affirmative Defenses, COUNTERCLAIM against Align Technology, Inc. by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
July 19, 2019 Opinion or Order SO ORDERED, re #174 MOTION for Pro Hac Vice Appearance of Attorney Gregory D. Len filed by 3Shape A/S, 3Shape Inc., #173 MOTION for Pro Hac Vice Appearance of Attorney Tuhin Ganguly filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 7/19/19. (ntl)
July 18, 2019 Opinion or Order SO ORDERED, re #212 STIPULATION TO EXTEND TIME for the parties to SUPPLEMENT, inter alia, the identification of all accused products and of all invalidity references to July 23, 2019 filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 7/17/19. (ntl)
July 17, 2019 Filing 213 [SEALED] Letter to The Honorable Christopher J. Burke from Jeff Castellano - re #208 Letter,. (Castellano, Jeffrey)
July 16, 2019 Filing 212 STIPULATION TO EXTEND TIME for the parties to SUPPLEMENT, inter alia, the identification of all accused products and of all invalidity references to July 23, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
July 15, 2019 Filing 211 [SEALED] OBJECTIONS by Align Technology, Inc. to #203 Reply Brief, Plaintiff's Evidentiary Objections to Materials Submitted In Support Of Defendant's Protective Order Reply Brief. (Castellano, Jeffrey)
July 15, 2019 Filing 210 [SEALED] OBJECTIONS by Align Technology, Inc. to #199 Objections Plaintiff Align Technology Inc.'s Reply In Support Of Its Objections to Materials Submitted In Support Of Defendant's Motion for Protective Order. (Castellano, Jeffrey)
July 15, 2019 Filing 209 [SEALED] SUR-REPLY BRIEF re #201 STIPULATION TO EXTEND TIME Reply Brief and Sur-Reply Brief regarding discovery dispute to July 11, 2019 and July 15, 2019 (Motion for Protective Order) filed by Align Technology, Inc.. (Castellano, Jeffrey)
July 15, 2019 Filing 208 [SEALED] Letter to The Hon. Christopher J. Burke from Geoffrey G. Grivner regarding Allign Technology, Inc. v. 3Shape A/S et al., C.A. No. 17-cv-1646-LPS-CJB; Align Technology, Inc. v. 3Shape A/S et al., C.A. 17-cv-1647-LPS-CJB - re SO ORDERED, 182 Oral Order,,,,, Terminate Deadlines and Hearings,,,,. (Attachments: #1 Exhibit Ex. 17--Declaration of Mikkel Ninn-Gronne, #2 Exhibit Ex. 18--Declaration of Cora Frederikke Birkkjaer, #3 Certificate of Service)(Grivner, Geoffrey)
July 15, 2019 Filing 207 NOTICE OF SERVICE of Notice of Service pursuant to the Court's oral order from June 6, 2019 re SO ORDERED, 182 Oral Order,,,,, Terminate Deadlines and Hearings,,,, filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
July 15, 2019 Opinion or Order SO ORDERED, re #206 Stipulation to Extend Time filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 7/15/19. (ntl)
July 12, 2019 Filing 206 STIPULATION to Extend Time to Serve Final Contentions by Align Technology, Inc.. (Castellano, Jeffrey)
July 12, 2019 Opinion or Order Filing 205 ORAL ORDER: The discovery dispute hearing set for 7/22/2019 at 01:00 PM before Judge Christopher J. Burke will now be held in Courtroom 4A. Ordered by Judge Christopher J. Burke on 7/12/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
July 11, 2019 Filing 204 [SEALED] RESPONSE TO OBJECTIONS by 3Shape A/S, 3Shape Inc. . (Grivner, Geoffrey)
July 11, 2019 Filing 203 [SEALED] REPLY BRIEF filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Grivner, Geoffrey)
July 10, 2019 Filing 202 REDACTED VERSION of #198 Answering Brief in Opposition,, by Align Technology, Inc.. (Castellano, Jeffrey)
July 10, 2019 Opinion or Order SO ORDERED, re (201 in 1:17-cv-01646-LPS)(165 in 1:17-cv-01647-LPS) STIPULATION TO EXTEND TIME Reply Brief and Sur-Reply Brief regarding discovery dispute to July 11, 2019 and July 15, 2019 filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 7/10/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
July 9, 2019 Filing 201 STIPULATION TO EXTEND TIME Reply Brief and Sur-Reply Brief regarding discovery dispute to July 11, 2019 and July 15, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
July 5, 2019 Opinion or Order Filing 200 MEMORANDUM ORDER denying Align Technology, Inc.'s motions to strike (C.A. No. 17-1646 D.I. 105; C.A. No. 17-1647, D.I. 91) and granting 3Shape A/S et al.'s motions to dismiss (C.A. No. 17-1646 D.I. 102; C.A. No. 17-1647 D.I. 88). 3Shape A/S et al.'s motion to dismiss (C.A. No. 18-1949 D.I. 11) remains pending, although the Court announced it will deny the motion at least with respect to Count I (relating to the '420 Patent). Signed by Judge Leonard P. Stark on 07/05/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS(etg)
July 3, 2019 Filing 199 OBJECTIONS by Align Technology, Inc. (Evidentiary Objections to Materials Submitted In Support of Defendants' Motion for Protective Order). (Castellano, Jeffrey)
July 3, 2019 Filing 198 [SEALED] ANSWERING BRIEF in Opposition to Defendants' Motion For Protective Order filed by Align Technology, Inc..Reply Brief due date per Local Rules is 7/10/2019. (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)(Castellano, Jeffrey)
July 3, 2019 Filing 197 STIPULATION TO EXTEND TIME (and proposed order) to serve final infringement contentions and final invalidity contentions to July 12, 2019 and August 2, 2019 respectively - filed by Align Technology, Inc.. (Castellano, Jeffrey)
July 3, 2019 Opinion or Order SO ORDERED, re #197 STIPULATION TO EXTEND TIME (and proposed order) to serve final infringement contentions and final invalidity contentions to July 12, 2019 and August 2, 2019 respectively filed by Align Technology, Inc., #196 STIPULATION TO EXTEND TIME (and proposed order) final infringement contentions and final invalidity contentions to July 5, 2019 and July 26, 2019 respectively filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 7/3/19. (ntl)
June 28, 2019 Filing 196 STIPULATION TO EXTEND TIME (and proposed order) final infringement contentions and final invalidity contentions to July 5, 2019 and July 26, 2019 respectively - filed by Align Technology, Inc.. (Hoeschen, Nathan)
June 27, 2019 Opinion or Order SO ORDERED, re (161 in 1:17-cv-01647-LPS, 195 in 1:17-cv-01646-LPS) STIPULATION TO EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT to JULY 9, 2019 filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 6/27/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
June 26, 2019 Filing 195 STIPULATION TO EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT to JULY 9, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
June 25, 2019 Filing 194 NOTICE OF SERVICE of Plaintiff Align Technology, Inc.s Second Set of Requests for the Production of Documents and Things to Defendants 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. filed by Align Technology, Inc..(Castellano, Jeffrey)
June 24, 2019 Opinion or Order SO ORDERED, re #191 STIPULATION to Extend Final Infringement and Invalidity Contentions deadlines filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/24/19. (ntl)
June 21, 2019 Filing 193 [SEALED] OPENING BRIEF in Support Motion for Protective Order filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 7/5/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Certificate of Compliance)(Grivner, Geoffrey)
June 21, 2019 Filing 192 Official Transcript of Oral Argument Hearing on Section 101 held on June 18, 2019 before Chief Judge Leonard P. Stark and Magistrate Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Telephone number (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 7/12/2019. Redacted Transcript Deadline set for 7/22/2019. Release of Transcript Restriction set for 9/19/2019. (bpg)
June 19, 2019 Filing 191 STIPULATION to Extend Final Infringement and Invalidity Contentions deadlines re #42 Scheduling Order,, by Align Technology, Inc.. (Castellano, Jeffrey)
June 18, 2019 Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Christopher J. Burke - Oral Argument held on 6/18/2019. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS (ntl)
June 17, 2019 Filing 190 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding recent supplemental authority. (Shaw, John)
June 14, 2019 Filing 189 Letter to the Honorable Leonard P. Stark and the Honorable Christopher J. Burke from Geoffrey G. Grivner regarding section 101 motions hearing. (Grivner, Geoffrey)
June 14, 2019 Filing 188 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding who will be arguing on behalf of Align Technology, Inc. - re (187 in 1:17-cv-01646-LPS, 187 in 1:17-cv-01646-LPS, 155 in 1:17-cv-01647-LPS, 155 in 1:17-cv-01647-LPS, 23 in 1:18-cv-01949-LPS, 23 in 1:18-cv-01949-LPS) Order,,,,,, Set Hearings,,,,,. (Castellano, Jeffrey)
June 12, 2019 Opinion or Order Filing 187 ORAL ORDER: With respect to the motions hearing scheduled in several matters on Tuesday, June 18, IT IS HEREBY ORDERED that the hearing will start at 9:00 a.m. (not 10:00 a.m.) and will be held from 9:00 a.m. to 1:00 p.m. and from 4:00 p.m. to 5:00 p.m. IT IS FURTHER ORDERED that the cases will initially be argued in the following order, based on the following time allocations: (1) Digi Portal (18-1485): 15 minutes per side; (2) Align cases filed in 2017 (17-1646, 17-1647): 15 minutes per side (i.e., 30 minutes total, in which both sides will present argument in both 2017 Align cases); (3) Align case filed in 2018 (18-1949): 15 minutes per side; (4) 3G Licensing cases (17-83, 17-84, 17-85): 15 minutes per side (i.e., 30 minutes total, in which both sides will present argument in all 3G Licensing cases); and (5) Location Based Services (18-1587): 15 minutes per side. IT IS FURTHER ORDERED that, no later than June 14, the parties shall advise the Court as to who will be arguing for which party. The parties are reminded that they must be represented by counsel during the entirety of the hearing, as additional argument beyond the initial arguments noted above may be required. Judge Stark and Judge Burke will preside jointly throughout the hearing. ORDERED by Judge Leonard P. Stark on 6/12/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS (ntl)
June 11, 2019 Opinion or Order Filing 186 ORAL ORDER: The Court has reviewed the parties' stipulated briefing schedule, (D.I. 185 in Civil Action No. 17-1646-LPS; D.I. 152 in Civil Action No. 17-1647-LPS), with regard to one discovery dispute and it is SO ORDERED. A discovery dispute hearing regarding D.I. (145 in 1:17-cv-01646-LPS, 138 in 1:17-cv-01647-LPS) is set for 7/22/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 6/11/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc)
June 10, 2019 Filing 185 STIPULATION (Stipulated Briefing Schedule) and proposed order re (150 in 1:17-cv-01647-LPS, 150 in 1:17-cv-01647-LPS, 182 in 1:17-cv-01646-LPS, 182 in 1:17-cv-01646-LPS) Oral Order,,,,, Terminate Deadlines and Hearings,,,, by Align Technology, Inc.. (Castellano, Jeffrey)
June 10, 2019 Filing 184 REDACTED VERSION of #171 Letter by Align Technology, Inc.. (Castellano, Jeffrey)
June 7, 2019 Filing 183 NOTICE OF SERVICE of 1) Plaintiffs Notice of Deposition of Alen Bogdanic Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
June 6, 2019 Opinion or Order Filing 182 ORAL ORDER: The Court, having reviewed the parties' letter with regard to a privilege dispute, (D.I. 145, 151, 171 in Civil Action No. 17-1646-LPS; D.I. 138, 141, 144 in Civil Action No. 17-1647-LPS), and taking notice of Defendant's argument that "[t]his dispute involves complex legal and factual issues that cannot be fairly and fully addressed in a 3-page letter brief[,]" (D.I. 151 in Civil Action No. 17-1646-LPS; D.I. 141 in Civil Action No. 17-1647-LPS), and the Court agreeing that the issue is important and complex enough to warrant additional briefing, hereby ORDERS as follows: (1) The discovery dispute teleconference scheduled for June 10, 2019 at 1 p.m. is CANCELLED; (2)The parties should meet and confer and submit a jointly proposed additional briefing schedule by no later than June 10, 2019; and (3) Defendant shall, no later than the close of this additional briefing process, submit the assertedly privileged documents at issue in camera to the Court for review.Ordered by Judge Christopher J. Burke on 6/6/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc)
June 6, 2019 Filing 181 NOTICE to Take Deposition of Jamie Kreuger on July 23, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
June 6, 2019 Filing 180 NOTICE to Take Deposition of Yossi Atiya on July 9, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
June 6, 2019 Filing 179 NOTICE to Take Deposition of Lance Johnson on July 24, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
June 6, 2019 Opinion or Order Filing 178 ORDER re #177 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 6/6/19. (ntl)
June 6, 2019 Filing 177 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 6/6/19. (ntl)
June 6, 2019 Opinion or Order SO ORDERED, re #176 MOTION for Pro Hac Vice Appearance of Attorney John A. Cotiguala filed by Align Technology, Inc., #175 MOTION for Pro Hac Vice Appearance of Attorney Grant Margeson filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/6/19. (ntl)
June 6, 2019 Pro Hac Vice Attorney John Cotiguala for Align Technology, 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. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(nmg)
June 6, 2019 Pro Hac Vice Attorney Grant N. Margeson for Align Technology, 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. (nmg)
June 5, 2019 Filing 176 MOTION for Pro Hac Vice Appearance of Attorney John A. Cotiguala - filed by Align Technology, Inc.. (Castellano, Jeffrey)
June 5, 2019 Filing 175 MOTION for Pro Hac Vice Appearance of Attorney Grant Margeson - filed by Align Technology, Inc.. (Castellano, Jeffrey)
June 5, 2019 Filing 174 MOTION for Pro Hac Vice Appearance of Attorney Gregory D. Len - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Certificate of Compliance, #2 Text of Proposed Order)(Grivner, Geoffrey)
June 5, 2019 Filing 173 MOTION for Pro Hac Vice Appearance of Attorney Tuhin Ganguly - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Certificate of Compliance, #2 Text of Proposed Order)(Grivner, Geoffrey)
June 5, 2019 Opinion or Order SO ORDERED, re #172 MOTION for Pro Hac Vice Appearance of Attorney Courtney Hodge filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/5/19. (ntl)
June 5, 2019 Pro Hac Vice Attorney Courtney Hodge for Align Technology, 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. (myr)
June 4, 2019 Filing 172 MOTION for Pro Hac Vice Appearance of Attorney Courtney Hodge - filed by Align Technology, Inc.. (Castellano, Jeffrey)
June 4, 2019 Filing 171 [SEALED] Letter to The Honorable Christopher J. Burke from Jeff Castellano regarding Discovery Dispute. (Attachments: #1 Exhibit A-E)(Castellano, Jeffrey)
June 4, 2019 Pro Hac Vice Attorney Raymond Stockstill for Align Technology, 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. (myr)
June 3, 2019 Opinion or Order SO ORDERED D.I. #169 MOTION for Pro Hac Vice Appearance of Attorney Raymond Stockstill filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 6/3/2019. (dlb)
May 31, 2019 Opinion or Order Filing 170 ORAL ORDER: IT IS HEREBY ORDERED that the parties should be prepared to address Plaintiff's motions to strike (17-1646, D.I. 105; 17-1647, D.I. 91) at the upcoming 101 hearing scheduled for June 18. ORDERED by Judge Leonard P. Stark on 5/31/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
May 30, 2019 Filing 169 MOTION for Pro Hac Vice Appearance of Attorney Raymond Stockstill - filed by Align Technology, Inc.. (Castellano, Jeffrey)
May 29, 2019 Filing 168 NOTICE to Take Deposition of LISA BERRY on June 25, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 167 NOTICE to Take Deposition of KERRI KLING on July 8, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 166 NOTICE to Take Deposition of JOE HOGAN on July 11, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 165 NOTICE to Take Deposition of SREE KOLLI on July 9, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 164 NOTICE to Take Deposition of RAPHAEL PASCAUD on June 26, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 163 NOTICE to Take Deposition of MIKHAIL MINCHENKOV on July 22, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 162 NOTICE to Take Deposition of JOHN MORICI on July 27, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 161 NOTICE to Take Deposition of SRINI KAZA on July 12, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 160 NOTICE to Take Deposition of ZELKO RELIC on July 10, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 159 NOTICE to Take Deposition of MITRA DERAKHSHAN on June 5, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 158 NOTICE to Take Deposition of ERIC MEYER on July 15, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 157 NOTICE to Take Deposition of LEON RASOVSKY on July 16, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 156 NOTICE to Take Deposition of MICHAEL SABINA on July 17, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 155 NOTICE to Take Deposition of MAIA SINGER on June 27, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 154 NOTICE to Take Deposition of AVI KOPELMAN on July 25, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 153 NOTICE to Take Deposition of MICHAEL LUCIANO on July 19, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 29, 2019 Filing 152 NOTICE to Take Deposition of SUE WONG on June 21, 2019 filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 28, 2019 Filing 151 Letter to the Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Entry of Protective Order Letter Brief. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Grivner, Geoffrey)
May 28, 2019 Filing 150 NOTICE OF SERVICE of (1) Plaintiff's Notice of Deposition of Rasmus Neilson Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
May 23, 2019 Filing 149 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Section 101 Motions Pre-Hearing Checklist letter brief - re #124 Order,, Set Hearings,. (Castellano, Jeffrey)
May 23, 2019 Filing 148 NOTICE OF SERVICE of Plaintiffs Notice of Deposition of Daniella Alalouf Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
May 23, 2019 Filing 147 Letter to the Honorable Leonard P. Stark from Geoffrey G. Grivner regarding Section 101 Motions - re #124 Order,, Set Hearings,. (Grivner, Geoffrey)
May 22, 2019 Filing 146 NOTICE OF SERVICE of (1) Plaintiff's Notice of Deposition of Jacob Birkelund Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
May 22, 2019 Filing 145 Joint MOTION for Discovery Dispute Resolution Teleconference - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
May 22, 2019 Opinion or Order Filing 144 ORAL ORDER: The Court has reviewed the parties' May 21, 2019 letter requesting a discovery teleconference regarding one discovery dispute. (D.I. 143 in Civil Action No. 17-1646-LPS; D.I. 136 in Civil Action No. 17-1647-LPS) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 42 in Civil Action No. 17-1646-LPS; D.I. 42 in Civil Action No. 17-1647-LPS), will be modified 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 is set for 6/10/2019 at 1:00 PM before Judge Christopher J. Burke. (3) By no later than May 28, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than June 3, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 5/22/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
May 21, 2019 Filing 143 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Discovery Dispute. (Castellano, Jeffrey)
May 20, 2019 Opinion or Order SO ORDERED, re #141 MOTION for Pro Hac Vice Appearance of Attorney Laura K. Pitts filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 5/20/19. (ntl)
May 17, 2019 Filing 142 Remark: Due to other commitments, the Court has regrettably fallen behind in its goal to issue claim construction opinions within 60 days after the hearing. The Court now anticipates that it will issue its claim construction opinion in this matter by on or around June 17. (ntl)
May 17, 2019 Filing 141 MOTION for Pro Hac Vice Appearance of Attorney Laura K. Pitts - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Certificate of Compliance, #2 Text of Proposed Order)(Grivner, Geoffrey)
May 16, 2019 Filing 140 NOTICE OF SERVICE of Plaintiffs Notice of Deposition of Nikolaj Kromann Jrgensen Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
May 16, 2019 Opinion or Order SO ORDERED, re (139 in 1:17-cv-01646-LPS) (133 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 5/16/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
May 15, 2019 Filing 139 MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Certificate of Compliance, #2 Text of Proposed Order)(Grivner, Geoffrey)
May 8, 2019 Filing 138 NOTICE OF SERVICE of (1) Plaintiff's Notice of Deposition of Casper Ryding Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
May 7, 2019 Filing 137 NOTICE OF SERVICE of Defendant's 3Shape A/S and 3Shape Inc.'s Fourth Supplemental Objections and Responses to Align Technology, Inc.'s First Set of Interrogatories to Defendants (Nos. 1-19) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
May 7, 2019 Filing 136 NOTICE OF SERVICE of (1) Align Technology, Inc.'s Second Notice of Deposition of 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey)
April 29, 2019 Filing 135 NOTICE OF SERVICE of (1) Plaintiff Align Technology, Inc.'s Objections and Responses to 3Shape's Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey)
April 26, 2019 Filing 134 NOTICE OF SERVICE of (1) Plaintiff's Notice of Deposition of Henrik Brandt Pursuant to Federal Rule of Civil Procedure 30(b)(1) (2) Plaintiff's Corrected Notice of Deposition of Michael Maccaquano Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
April 26, 2019 Opinion or Order Filing 133 ORAL ORDER: IT IS HEREBY ORDERED that any and all motions to dismiss, stay, and/or transfer venue, which are currently pending or may be filed in this case are no longer referred to Magistrate Judge Burke. Judge Burke retains his referral for discovery disputes and alternative dispute resolution. ORDERED by Judge Leonard P. Stark on 4/26/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
April 17, 2019 Filing 132 NOTICE OF SERVICE of 1) Plaintiff's Notice of Deposition of Alexei Miretsky Pursuant to Federal Rule of Civil Procedure 30(b)(1); 2) Plaintiff's Notice of Deposition of Allan Hyldal Pursuant to Federal Rule of Civil Procedure 30(b)(1); 3) Plaintiff's Notice of Deposition of Bardur Isleifsson Pursuant to Federal Rule of Civil Procedure 30(b)(1); 4) Plaintiff's Notice of Deposition of Carsten Norrevang Pursuant to Federal Rule of Civil Procedure 30(b)(1); 5) Plaintiff's Notice of Deposition of Christoffer Melchior Pursuant to Federal Rule of Civil Procedure 30(b)(1); 6) Plaintiff's Notice of Deposition of Karl Hollenbeck Pursuant to Federal Rule of Civil Procedure 30(b)(1); 7) Plaintiff's Notice of Deposition of Katrina Gron Rindom Pursuant to Federal Rule of Civil Procedure 30(b)(1); 8) Plaintiff's Notice of Deposition of Kristian Hansen Pursuant to Federal Rule of Civil Procedure 30(b)(1) 9); Plaintiff's Notice of Deposition of Lars Beck Pursuant to Federal Rule of Civil Procedure 30(b)(1); 10) Plaintiff's Notice of Deposition of Lars Christian Lund Pursuant to Federal Rule of Civil Procedure 30(b)(1); 11) Plaintiff's Notice of Deposition of Marat Khaitov Pursuant to Federal Rule of Civil Procedure 30(b)(1); 12) Plaintiff's Notice of Deposition of Marco Vannin Pursuant to Federal Rule of Civil Procedure 30(b)(1); 13) Plaintiff's Notice of Deposition of Marianne Heidam Pursuant to Federal Rule of Civil Procedure 30(b)(1); 14) Plaintiff's Notice of Deposition of Michael Macquacano Pursuant to Federal Rule of Civil Procedure 30(b)(1); 15) Plaintiff's Notice of Deposition of Michael Toxvaerd Pursuant to Federal Rule of Civil Procedure 30(b)(1); 16) Plaintiff's Notice of Deposition of Mike Van Der Poel Pursuant to Federal Rule of Civil Procedure 30(b)(1); 17) Plaintiff's Notice of Deposition of Mikkel Ninn-Gronne Pursuant to Federal Rule of Civil Procedure 30(b)(1); 18) Plaintiff's Notice of Deposition of Prita Andersen Pursuant to Federal Rule of Civil Procedure 30(b)(1); 19) Plaintiff's Notce of Deposition of Rune Fisker Pursuant to Federal Rule of Civil Procedure 30(b)(1); 20) Plaintiff's Notice of Deposition of Simone Siandre Pursuant to Federal Rule of Civil Procedure 30(b)(1); 21) Plaintiff's Notice of Deposition of Sophie Ellersgaard Pursuant to Federal Rule of Civil Procedure 30(b)(1); 22) Plaintiff's Notice of Deposition of Sven Nonboe Pursuant to Federal Rule of Civil Procedure 30(b)(1); 23) Plaintiff's Notice of Deposition of Tais Clausen Pursuant to Federal Rule of Civil Procedure 30(b)(1); 24) Plaintiff's Notice of Deposition of Tommy Sanddal Poulsen Pursuant to Federal Rule of Civil Procedure 30(b)(1); and 25) Plaintiff's Notice of Deposition of Wendi Cohen Pursuant to Federal Rule of Civil Procedure 30(b)(1) filed by Align Technology, Inc..(Castellano, Jeffrey)
April 11, 2019 Filing 131 [SEALED] NOTICE to Take Deposition of Align Technology, Inc. on May 16, 2019 filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Affidavit [Certificate of Service])(Grivner, Geoffrey)
April 10, 2019 Filing 130 NOTICE OF SERVICE of Align Technology, Inc.'s Objections and Responses to 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc.'s First Set of Interrogatories (Nos. 1-7) filed by Align Technology, Inc..(Castellano, Jeffrey)
April 1, 2019 Filing 129 NOTICE OF SERVICE of Defendant's 3Shape A/S and 3Shape Inc.'s Supplemental Invalidity Contentions filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
March 29, 2019 CORRECTING ENTRY: Removed Entry Letter to the Honorable Leonard P. Stark from Geoffrey G. Grivner (docketed in the incorrect case). (rwc)
March 22, 2019 Filing 128 STATUS REPORT [Joint Interim Status Report] by Align Technology, Inc.. (Castellano, Jeffrey)
March 21, 2019 Filing 127 Official Transcript of Claim Construction Hearing held on March 7, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone No. (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 4/11/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/19/2019. (bpg)
March 18, 2019 Filing 126 NOTICE OF SERVICE of Align Technology, Inc.'s Notice of Deposition of 3Shape A/S, 3Shape Trios A/S, and 3Shape Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey)
March 13, 2019 Filing 125 REPLY BRIEF re #102 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
March 7, 2019 Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 3/7/2019. (Court Reporter B. Gaffigan.) (ntl)
March 7, 2019 Opinion or Order SO ORDERED, re #123 STIPULATION TO EXTEND TIME FOR DEFENDANT'S TO FILE THEIR REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS to MARCH 13, 2019 filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 3/6/19. (ntl)
March 6, 2019 Opinion or Order Filing 124 ORDER Setting Hearing on Sec. 101 motions for 6/18/2019 at 10:00 AM in Courtroom 6B before Judge Leonard P. Stark and Judge Christopher J. Burke. Letter briefs are due 5/23/19. Signed by Judge Leonard P. Stark on 3/5/19. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-01949-LPS-CJB (ntl)
March 4, 2019 Filing 123 STIPULATION TO EXTEND TIME FOR DEFENDANT'S TO FILE THEIR REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS to MARCH 13, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
February 27, 2019 Filing 122 DECLARATION re #120 Answering Brief in Opposition [DECLARATION OF CHRISTINA A. ONDRICK] by Align Technology, Inc.. (Castellano, Jeffrey)
February 27, 2019 Filing 121 DECLARATION re #120 Answering Brief in Opposition [DECLARATION OF DR. DOUGLAS ERICKSON, D.D.S., M.S.] by Align Technology, Inc.. (Castellano, Jeffrey)
February 27, 2019 Filing 120 ANSWERING BRIEF in Opposition re #102 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc..Reply Brief due date per Local Rules is 3/6/2019. (Castellano, Jeffrey)
February 25, 2019 Opinion or Order SO ORDERED, re #117 STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 102) to February 27, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 2/25/19. (ntl)
February 22, 2019 Filing 119 Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Update on Align's Motion to Stay Briefing - re (93 in 1:17-cv-01647-LPS, 107 in 1:17-cv-01646-LPS) Letter,,. (Shaw, John)
February 21, 2019 Filing 118 NOTICE OF SERVICE of Defendants 3Shape A/S and 3Shape Inc.s First Set of Interrogatories to Plaintiff Align Technology, Inc. (Nos. 1-7) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
February 20, 2019 Filing 117 STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 102) to February 27, 2019 - filed by Align Technology, Inc.. (Shaw, John)
February 13, 2019 Filing 116 NOTICE OF SERVICE of Defendants 3Shape A/S and 3Shape Inc.s Second Supplemental Objections and Responses to Plaintiffs First Set of Interrogatories (Nos. 1-19) filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
February 11, 2019 Opinion or Order SO ORDERED, re #115 STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 102) to February 25, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 2/11/19. (ntl)
February 8, 2019 Filing 115 STIPULATION TO EXTEND TIME to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 102) to February 25, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey)
February 6, 2019 Filing 114 Letter to The Honorable Christopher J. Burke from Jeff Castellano regarding January 23 Oral Order. (Castellano, Jeffrey)
February 6, 2019 Opinion or Order SO ORDERED D.I. (98 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock filed by 3Shape A/S, 3Shape Inc., and D.I. (113 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 2/6/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
February 6, 2019 Pro Hac Vice Attorneys Andrew R. Cheslock and Bryan J. Cannon for 3Shape A/S and 3Shape 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. (ddp)
February 6, 2019 Opinion or Order SO ORDERED, re #112 MOTION for Pro Hac Vice Appearance of Attorney Bryan J. Cannon filed by 3Shape A/S, 3Shape Inc. Signed by Judge Leonard P. Stark on 2/6/19. (ntl)
February 4, 2019 Filing 113 MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Certificate of Compliance for Andrew R. Cheslock, #2 Text of Proposed Order for Andrew R. Cheslock)(Grivner, Geoffrey)
February 1, 2019 Filing 112 MOTION for Pro Hac Vice Appearance of Attorney Bryan J. Cannon - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Certificate of Compliance for Bryan J. Cannon, #2 Text of Proposed Order for Bryan J. Cannon)(Grivner, Geoffrey)
January 30, 2019 Filing 111 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding request for teleconference - re (91 in 1:17-cv-01647-LPS) MOTION to Strike (88) MOTION to Dismiss for Failure to State a Claim , (105 in 1:17-cv-01646-LPS) MOTION to Strike (102) MOTION to Dismiss for Failure to State a Claim . (Castellano, Jeffrey)
January 30, 2019 Filing 110 Letter to The Honorable Leonard P. Stark from Jeff Castellano - re (91 in 1:17-cv-01647-LPS) MOTION to Strike (88) MOTION to Dismiss for Failure to State a Claim . (Castellano, Jeffrey)
January 29, 2019 Opinion or Order SO ORDERED D.I. (108 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, Mark Consilvio, and James V. Razick filed by Align Technology, Inc., (94 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, and Mark Consilvio, of Paul Hastings LLP filed by Align Technology, Inc., (25 in 1:18-cv-00886-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc., (31 in 1:18-cv-00697-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/29/2019. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS-CJB(dlb)
January 29, 2019 Pro Hac Vice Attorney James V. Razick for Align Technology, 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. (ddp)
January 29, 2019 Pro Hac Vice Attorneys Elizabeth Bernard, Mark J. Consilvio, and John S. Holley for Align Technology, 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. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(ddp)
January 28, 2019 Filing 109 Letter to The Honorable Leonard P. Stark from Geoffrey G. Grivner regarding Plaintiff's Motion to Strike - re #105 MOTION to Strike #102 MOTION to Dismiss for Failure to State a Claim . (Grivner, Geoffrey)
January 28, 2019 Filing 108 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, Mark Consilvio, and James V. Razick - filed by Align Technology, Inc.. (Castellano, Jeffrey)
January 25, 2019 Filing 107 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding proposed order staying briefing on motion to dismiss - re (91 in 1:17-cv-01647-LPS) MOTION to Strike (88) MOTION to Dismiss for Failure to State a Claim , (88 in 1:17-cv-01647-LPS) MOTION to Dismiss for Failure to State a Claim , (105 in 1:17-cv-01646-LPS) MOTION to Strike (102) MOTION to Dismiss for Failure to State a Claim , (102 in 1:17-cv-01646-LPS) MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Text of Proposed Order)(Castellano, Jeffrey)
January 25, 2019 Filing 106 Letter to The Honorable Leonard P. Stark from Jeff Castellano - re #105 MOTION to Strike #102 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Castellano, Jeffrey)
January 25, 2019 Filing 105 MOTION to Strike #102 MOTION to Dismiss for Failure to State a Claim - filed by Align Technology, Inc.. (Attachments: #1 Text of Proposed Order)(Castellano, Jeffrey)
January 25, 2019 Filing 104 STIPULATION TO EXTEND TIME for Plaintiff Align Technology Inc. to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 102) to February 11, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey)
January 25, 2019 Opinion or Order SO ORDERED D.I. (104 in 1:17-cv-01646-LPS) STIPULATION TO EXTEND TIME for Plaintiff Align Technology Inc. to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 102) to February 11, 2019 filed by Align Technology, Inc., and D.I. (90 in 1:17-cv-01647-LPS) STIPULATION TO EXTEND TIME for Plaintiff Align Technology Inc. to respond to Defendants' motion to dismiss Align's amended complaint (D.I. 88) to February 11, 2019 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/25/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
January 23, 2019 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiffs discovery dispute motion, (D.I. 89 in Civil Action No. 17-1646-LPS-CJB; D.I. 81 in Civil Action No. 17-1647-LPS-CJB), and the parties letter briefs and arguments related thereto, HEREBY ORDERS as follows:With regard to the dispute over Interrogatory 1, Plaintiffs request is DENIED without prejudice. The Court agrees with Defendants that, at this stage, Plaintiff has not been clear enough as to what is the specific functionality that is being referred to, particularly in light of the voluminous nature of Plaintiffs current infringement contentions. The Court ORDERS that, by no later than February 5, 2019, the parties should further meet and confer on this issue. Thereafter, if Plaintiff believes it has made a better record, such that it can demonstrate that a further supplemental response is required, it may address that issue through the Courts discovery dispute procedures.With regard to the dispute over Interrogatory 2, Plaintiffs request is GRANTED. By no later than February 13, 2019, Defendants shall provide a supplemental response to the interrogatory answering the question. None of the reasons that Defendants set out in its discovery dispute letter, (D.I. 100 at 2), provide a basis for failing to respond to this contention interrogatory.With regard to the dispute over Interrogatory 11, Plaintiffs request is GRANTED. By no later than February 5, 2019, Defendants shall provide: (1) a narrative answer to the interrogatory; and (2) to the extent that, in addition to the narrative answer, Defendants continue to rely on previously-cited documents, (D.I. 93, ex. 1 at 36), Defendants shall also provide some additional narrative explanation that makes clear which documents contain the requested information about the development" and/or "benefits associated with the accused products. See Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc.,C.A. No. 04-1371-JJF, 2005 WL 8136574, at *1-2 (D. Del. Oct. 11, 2005).With regard to the dispute over Interrogatory 16, Plaintiffs request is GRANTED. The dispute appears to be about whether an answer is required as it relates to (1) requests for indemnification made to Defendants by third parties (2) after litigation commenced; that (3) have not resulted in an indemnification agreement. (D.I. 93, ex. 1 at 43; D.I. 100 at 3) As a general matter, evidence of indemnification against the deterrent effects that the patent laws would have can be relevant to show intent to induce infringement and/or willful infringement. See C&C Jewelry Mfg., Inc. v. West, No. C09-01303 JF (HRL), 2011 WL 2433817, at *1 (N.D. Cal. June 13, 2011). Although the Court does not have much of a record with regard to these requests, it seems as if information about them could shed some light on Defendants' post-suit state of mind regarding certain infringement questions. Defendants shall supplement their answer in this regard by no later than February 5, 2019. With regard to the dispute over Interrogatory 18, as to Plaintiffs identification of persons most knowledgeable about the 3Shape articulator, Plaintiffs request is DENIED without prejudice. There is not now a record to demonstrate that Defendants identification of the person(s) most knowledgeable about the articulator is deficient. If, as the case develops, Plaintiff can demonstrate that Defendants response was under-inclusive or deficient, it may seek relief at that time. With regard to the dispute over the remainder of the interrogatory, the parties shall meet and confer by no later than February 5, 2019 regarding what is the 3Shape articulator and whether it includes software, hardware, or both. By no later than February 6, 2019, parties should alert the Court by letter as to what the status is of the remainder of this discovery dispute. Ordered by Judge Christopher J. Burke on 1/23/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
January 22, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 1/22/2019. The Court heard argument regarding the parties' discovery disputes. (D.I. 89 in Civil Action No. 17-1646-LPS-CJB; D.I. 81 in Civil Action No. 17-1647-LPS-CJB) The Court took the disputes under advisement. (Clerk: M. Streifthau-Livizos) Appearances: J. Castellano, B. Jacobs, C. Ondrick, J. Razick for Plaintiff; G. Grivner, L. Smith, K. Coghill for Defendant. (Court Reporter Stacy Ingram(Hawkins)) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
January 22, 2019 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiffs discovery dispute motion, (D.I. 89 in Civil Action No. 17-1646-LPS-CJB; D.I. 81 in Civil Action No. 17-1647-LPS-CJB), and the parties letter briefs related thereto, HEREBY ORDERS as follows: With regard to the dispute over Interrogatories 3-4, Plaintiffs request is GRANTED-IN-PART. As to the asserted patents, the Court will accept Defendants assertion that they have answered with the information they now have; Defendants shall supplement those answers in the future if new and different information comes to light. But Defendants must immediately supplement their answer to address genealogically related patents called out in the interrogatories; Defendants knowledge of a patent related to the asserted patents can certainly be relevant to whether Defendants knew of the asserted patents themselves. (D.I. 100 at 2-3) With regard to the dispute over Interrogatories 5 and 12, the request is DENIED. The questions include subparts that are not logically or factually subsumed within and necessarily related to a primary question. Medigus Ltd. v. Endochoice, Inc., Civil Action No. 15-505-LPS-CJB, 2016 WL 5791409, at *1 (D. Del. July 19, 2016) (citations omitted). Interrogatory 5 touches, at a minimum, on at least a few different questions (quantity of units, identity of purchasors/licensors/importers, profit margins and costs attributable to products, etc.) as, it appears, does Interrogatory 12 (license/settlement agreements, co-development agreements, technology transfers, sale/resale distribution agreements). With regard to the dispute over Interrogatories 9, 14 and 15, Plaintiffs requests are DENIED. There is not now a record to demonstrate that Defendants identification of the people most knowledgeable about certain products or functionality is deficient. If, as the case develops, Plaintiff can demonstrate that those responses were under-inclusive or deficient, they may seek relief at that time. With regard to the dispute over Interrogatory 10, Plaintiffs request is GRANTED-IN-PART, as Defendants shall identify the three requested individuals, regardless of whether the individuals have privileged or non-privileged information responsive to the request, by providing a supplemental answer to the interrogatory by no later than February 5, 2019. (D.I. 100 at 3) The remainder of the response is not deficient based on the record before the Court. With regard to the dispute over Interrogatory 13, Plaintiffs request is GRANTED. The interrogatory asks Defendants to identify and describe comparable license agreements, and Defendants argue that a determination as to which license agreements... are comparable to a license to use or practice the asserted patents falls in the purview of expert discovery. (D.I. 100 at 2) Defendants are wrong, as there is no rule that a party need not comment on what licenses they think are comparable until expert discovery. An interrogatory can validly seek a response regarding such a contention. Defendants shall provide a supplemental answer to the interrogatory by no later than February 5, 2019. With regard to Interrogatories 1, 2, 11, 16 and 18, the Court needs more information before being able to resolve the disputes, and will address those issues only on todays teleconference with the parties. Ordered by Judge Christopher J. Burke on 1/22/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(dlb)
January 17, 2019 Filing 103 OPENING BRIEF in Support re #102 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 1/31/2019. (Grivner, Geoffrey)
January 17, 2019 Filing 102 MOTION to Dismiss for Failure to State a Claim - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Text of Proposed Order)(Grivner, Geoffrey)
January 17, 2019 Filing 101 REDACTED VERSION of (84 in 1:17-cv-01647-LPS, 93 in 1:17-cv-01646-LPS) Letter by Align Technology, Inc.. (Castellano, Jeffrey)
January 16, 2019 Filing 100 Letter to The Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Discovery Dispute - re Order Setting Teleconference,,,,,,. (Grivner, Geoffrey)
January 16, 2019 Opinion or Order Filing 99 ORAL ORDER: IT IS HEREBY ORDERED that each side will be allocated thirty (30) minutes for argument at the Markman Hearing scheduled for March 7, 2019. ORDERED by Judge Leonard P. Stark on 1/16/19. (ntl)
January 14, 2019 Filing 98 DECLARATION re #97 Claim Construction Answering Brief (Declaration of Blair Jacobs) by Align Technology, Inc.. (Attachments: #1 Exhibit 1)(Castellano, Jeffrey)
January 14, 2019 Filing 97 CLAIM CONSTRUCTION ANSWERING BRIEF re #81 Claim Construction Opening Brief, filed by Align Technology, Inc.. (Castellano, Jeffrey)
January 14, 2019 Filing 96 STATEMENT [DEFENDANTS 3SHAPE A/S, 3SHAPE, INC.S, AND 3SHAPE TRIOS A/S COMMENTS ON PLAINTIFF'S TECHNOLOGY TUTORIAL] by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
January 14, 2019 Filing 95 CLAIM CONSTRUCTION ANSWERING BRIEF re #83 Claim Construction Opening Brief filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Affidavit Declaration of Geoffrey G. Grivner in Support of Defendant's Answering Brief on Claim Construction, #2 Exhibit 2 to Declaration, #3 Exhibit 3 to Declaration)(Grivner, Geoffrey)
January 14, 2019 Filing 94 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding [Joint Letter re: March 7, 2019 Claim Construction Hearing]. (Castellano, Jeffrey)
January 11, 2019 Filing 93 [SEALED] Letter to The Honorable Christopher J. Burke from Jeff Castellano regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Castellano, Jeffrey)
January 11, 2019 Opinion or Order Filing 92 ORAL ORDER: IT IS HEREBY ORDERED that the Markman Hearing scheduled for February 4, 2019 is CANCELLED and is rescheduled for March 7, 2019 at 10:30 AM. ORDERED by Judge Leonard P. Stark on 1/11/19. (ntl)
January 10, 2019 Filing 91 STIPULATION TO EXTEND TIME Answer to Amended Complaint to January 17, 2019 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
January 10, 2019 Opinion or Order SO ORDERED D.I. #91 STIPULATION TO EXTEND TIME Answer to Amended Complaint to January 17, 2019 filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 1/10/2019. (mlc)
January 9, 2019 Filing 90 Letter to Chief Judge Stark from John W. Shaw regarding claim construction hearing re-scheduling. (Shaw, John)
January 7, 2019 Filing 89 MOTION [JOINT MOTION FOR TELECONFERENCE TO RESOLVE A DISCOVERY DISPUTE] - filed by Align Technology, Inc.. (Castellano, Jeffrey)
January 7, 2019 Opinion or Order ORAL ORDER: The Court has reviewed the parties' December 21, 2018 letter requesting a discovery teleconference regarding one discovery dispute. (D.I. 82 in Civil Action No. 17-1646-LPS-CJB; D.I. 79 in Civil Action No. 17-1647-LPS-CJB) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 42 in Civil Action No. 17-1646-LPS-CJB; D.I. 42 in Civil Action No. 17-1647-LPS-CJB), will be modified 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 is set for 1/22/2019 at 02:00 PM.; (3) By no later than January 11, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than January 16, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 1/7/2019. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS(mlc)
January 4, 2019 Opinion or Order Filing 88 ORAL ORDER: In addition to the previous referral order, IT IS HEREBY ORDERED that this case is also referred to Magistrate Judge Christopher J. Burke, pursuant to 28 U.S.C. 636(b), to hear and resolve all discovery disputes. ORDERED by Judge Leonard P. Stark on 1/4/19. Associated Cases: 1:17-cv-01646-LPS et al. (ntl)
December 21, 2018 Filing 87 MULTI MEDIA DOCUMENT filed by 3Shape A/S, 3Shape Inc. in the form of a CD and booklet. Filing related to #80 Letter. (Media on file in Clerk's Office). (ntl)
December 21, 2018 Filing 86 MULTI MEDIA DOCUMENT filed by Align Technology, Inc. in the form of a CD and booklet. Filing related to #79 Letter. (Media on file in Clerk's Office). (ntl)
December 21, 2018 Filing 85 DECLARATION re #83 Claim Construction Opening Brief [DECLARATION OF DINESH MANOCHA, PH.D.] by Align Technology, Inc.. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Castellano, Jeffrey)
December 21, 2018 Filing 84 DECLARATION re #83 Claim Construction Opening Brief [DECLARATION OF BLAIR JACOBS] by Align Technology, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Castellano, Jeffrey)
December 21, 2018 Filing 83 CLAIM CONSTRUCTION OPENING BRIEF filed by Align Technology, Inc.. (Castellano, Jeffrey)
December 21, 2018 Filing 82 Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Request for Discovery Teleconference. (Shaw, John)
December 21, 2018 Filing 81 CLAIM CONSTRUCTION OPENING BRIEF filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Affidavit [Declaration of Geoffrey G. Grivner in Support of Defendant's Opening Brief on Claim Construction], #2 Exhibit 1 to Declaration)(Grivner, Geoffrey)
December 21, 2018 Filing 80 Letter to the Honorable Leonard P. Stark from Geoffrey G. Grivner regarding submission of copies of its tutorial on technology at issue. (Grivner, Geoffrey)
December 21, 2018 Filing 79 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Technology Tutorial. (Castellano, Jeffrey)
December 20, 2018 Filing 78 FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT by Align Technology, Inc. Amendment to #1 Complaint. (Attachments: #1 Exhibit 1-7)(Castellano, Jeffrey) Modified on 12/20/2018 (ntl).
December 12, 2018 Filing 77 NOTICE requesting Clerk to remove Daryll M. Hawthorne-Searight as co-counsel.. (Shaw, John)
December 5, 2018 Filing 76 NOTICE OF SERVICE of Plaintiff Align Technology, Inc.'s Objections and Responses to 3Shape's First Set of Requests for Production (Nos. 1-130) filed by Align Technology, Inc..(Castellano, Jeffrey)
December 3, 2018 Filing 75 CLAIM Construction Chart by Align Technology, Inc.. (Attachments: #1 Exhibit A-M)(Castellano, Jeffrey)
November 19, 2018 Filing 74 NOTICE OF SERVICE of (1) Plaintiff Align Technology, Inc.'s Initial Identification of Claim Terms and Proposed Constructions filed by Align Technology, Inc..(Castellano, Jeffrey)
November 6, 2018 Filing 73 NOTICE OF SERVICE of Defendants 3Shape A/S and 3Shape Inc.s First Set of Requests for Production to Plaintiff Align Technology, Inc. filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
October 26, 2018 Filing 72 NOTICE OF SERVICE of 1) Plaintiff Align Technology, Inc.'s First Set of Interrogatories to Defendants (Nos. 1-19); 2) Plaintiff Align Technology, Inc.'s First Set of Requests for the Production of Documents and Things to Defendant 3Shape A/S; and 3) Plaintiff Align Technology, Inc.'s First Set of Requests for the Production of Documents and Things to Defendant 3Shape, Inc. filed by Align Technology, Inc..(Shaw, John)
October 16, 2018 Filing 71 ANSWER to #69 Answer to Complaint, Counterclaim [ALIGN TECHNOLOGY, INC.'S ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COUNTERCLAIMS OF 3SHAPE A/S AND 3SHAPE, INC.] by Align Technology, Inc..(Castellano, Jeffrey)
October 2, 2018 Filing 70 NOTICE OF SERVICE of Defendants Initial Invalidity Contentions filed by 3Shape A/S, 3Shape Inc..(Grivner, Geoffrey)
October 2, 2018 Filing 69 Amended ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against Align Technology, Inc. by 3Shape Inc., 3Shape A/S.(Grivner, Geoffrey)
September 21, 2018 Filing 68 ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against Align Technology, Inc. by 3Shape Inc., 3Shape A/S.(Grivner, Geoffrey)
September 17, 2018 Filing 67 Remark: Having reviewed the parties' status report (see 17-1646 D.I. 66), the parties are advised that the Court's Section 101 decisions were limited to the claims that were briefed. The impact of the Court's analysis on any other claims is a matter the Court will address, if necessary, if such issues become ripe. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
September 14, 2018 Filing 66 Letter to The Honorable Leonard P. Stark from John W. Shaw - re (65 in 1:17-cv-01646-LPS, 64 in 1:17-cv-01647-LPS) Order,. (Castellano, Jeffrey)
September 11, 2018 Opinion or Order SO ORDERED, re #61 STIPULATED PROTECTIVE ORDER. Signed by Judge Leonard P. Stark on 9/10/18. (ntl)
September 7, 2018 Opinion or Order Filing 65 ORDER re (64 in 1:17-cv-01646-LPS, 63 in 1:17-cv-01647-LPS) Memorandum Opinion -- (21 in 1:17-cv-01646-LPS)(21 in 1:17-cv-01647-LPS) MOTION to Dismiss filed by 3Shape A/S, 3Shape Inc. is GRANTED IN PART and DENIED IN PART. Signed by Judge Leonard P. Stark on 9/7/18. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
September 7, 2018 Filing 64 MEMORANDUM OPINION re motions to dismiss. Signed by Judge Leonard P. Stark on 9/7/18. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
September 7, 2018 Opinion or Order Filing 63 MEMORANDUM ORDER re (14 in 1:17-cv-01646-LPS)(14 in 1:17-cv-01647-LPS) MOTIONS for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission filed by 3Shape A/S, 3Shape Inc. are DENIED. Signed by Judge Leonard P. Stark on 9/7/18. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS (ntl)
August 29, 2018 Filing 62 NOTICE OF SERVICE of (1) Plaintiff Align Technology, Inc.'s Initial Infringement Contentions filed by Align Technology, Inc..(Castellano, Jeffrey)
August 22, 2018 Filing 61 PROPOSED ORDER [Protective Order] by Align Technology, Inc.. (Castellano, Jeffrey)
August 22, 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 Judge Leonard P. Stark on 8/22/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB, 1:17-cv-01649-LPS-CJB(dlb)
August 15, 2018 Opinion or Order Filing 60 ORAL ORDER: Having reviewed the parties' submissions (see C.A. No. 17-1646-LPS-CJB D.I. 56, 57, 58, 59; C.A. No. 17-1647-LPS-CJB D.I. 56, 57, 58, 59) concerning the scope of the prosecution bar in the parties' proposed protective order, IT IS HEREBY ORDERED that Plaintiff's proposals regarding the prosecution bar are ADOPTED. Plaintiff's proposal reasonably balances the parties' interests and is supported by good cause. In particular, Plaintiff's proposal that the prosecution bar applies to all signatories who access confidential or highly confidential information, with no separate designation for prosecution bar materials (see D.I. 57 at 2), is consistent with the protective orders agreed to by the parties in pending ITC cases, which were entered with the expectation that they would apply in this Court (see id. Ex. D). IT IS FURTHER ORDERED that: (1) the teleconference scheduled for tomorrow, August 16, 2018, is CANCELLED; and (2) the parties shall submit a form of the protective order consistent with the Court's ruling by no later than August 22, 2018. Signed by Judge Leonard P. Stark on 8/15/2018. (etg)
August 9, 2018 Filing 59 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Response to 3Shape's August 7, 2018 Letter - re (56 in 1:17-cv-01647-LPS-CJB) Letter, (56 in 1:17-cv-01646-LPS-CJB) Letter. (Castellano, Jeffrey)
August 9, 2018 Filing 58 Letter to Judge Stark from Geoffrey G. Grivner regarding Plaintiff Align Technology, Inc.s Letter to Court on August 7, 2018 - re (57 in 1:17-cv-01647-LPS-CJB, 57 in 1:17-cv-01646-LPS-CJB) Letter. (Grivner, Geoffrey)
August 7, 2018 Filing 57 Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Castellano, Jeffrey)
August 7, 2018 Filing 56 Letter to Judge Stark from Geoffrey G. Grivner regarding Draft Stipulated Protective Order. (Attachments: #1 Exhibit A, #2 Exhibit B)(Grivner, Geoffrey)
August 2, 2018 Filing 55 Official Transcript of Oral Argument Hearing held on July 20, 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 8/23/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 10/31/2018. (bpg)
July 26, 2018 Opinion or Order Filing 54 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 51), IT IS HEREBY ORDERED that a teleconference is scheduled for August 16, 2018 at 11:15 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than August 7, 2018, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than August 9, 2018, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 7/26/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
July 24, 2018 Opinion or Order Filing 53 ORDER Setting Mediation Conference: A Telephone Conference is set for 8/13/2018 at 11:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 7/23/2018. (dlb)
July 20, 2018 Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held on 7/20/2018. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
July 18, 2018 Opinion or Order Filing 52 ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for July 20, 2018 will begin at 1:30 p.m. ORDERED by Judge Leonard P. Stark on 7/18/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
July 11, 2018 Filing 51 Joint Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Request for Discovery Teleconference - re #42 Scheduling Order,,. (Grivner, Geoffrey)
July 11, 2018 Opinion or Order SO ORDERED D.I. (50 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME to file proposed protective order to July 11, 2018 filed by 3Shape A/S, 3Shape Inc., (50 in 1:17-cv-01646-LPS-CJB) STIPULATION TO EXTEND TIME to file proposed protectve order to July 11, 2018 filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 7/11/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(mlc)
July 10, 2018 Filing 50 STIPULATION TO EXTEND TIME to file proposed protectve order to July 11, 2018 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
July 10, 2018 Filing 49 CERTIFICATE OF SERVICE of DEFENDANTS INITIAL DISCLOSURES by 3Shape A/S, 3Shape Inc. (Grivner, Geoffrey)
July 10, 2018 Filing 48 NOTICE OF SERVICE of (1) Plaintiff Align Technology, Inc.'s Specification of Products Accused of Infringement and the Asserted Patents (2) Plaintiff Align Technology, Inc.'s Rule 26(a)(1) Initial Disclosures (3) Plaintiff Align Technology, Inc.'s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Align Technology, Inc..(Keller, Karen)
July 3, 2018 Opinion or Order Filing 47 ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for July 20, 2018 will begin at 1:00 p.m. ORDERED by Judge Leonard P. Stark on 7/3/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
July 3, 2018 Opinion or Order SO ORDERED D.I. #46 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to July 6, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 7/3/2018. (dlb)
July 2, 2018 Filing 46 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to July 6, 2018 - filed by Align Technology, Inc.. (Hawthorne-Searight, Daryll)
June 18, 2018 Opinion or Order SO ORDERED D.I. #45 STIPULATION TO EXTEND TIME (and proposed order) for the parties to submit a proposed protective order to June 29, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 6/18/2018. (dlb)
June 15, 2018 Filing 45 STIPULATION TO EXTEND TIME (and proposed order) for the parties to submit a proposed protective order to June 29, 2018 - filed by Align Technology, Inc.. (Hawthorne-Searight, Daryll)
May 30, 2018 Opinion or Order SO ORDERED D.I. (44 in 1:17-cv-01646-LPS-CJB) STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to June 15, 2018 filed by Align Technology, Inc., (44 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to June 15, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 5/30/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(mlc)
May 29, 2018 Filing 44 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to June 15, 2018 - filed by Align Technology, Inc.. (Shaw, John)
May 22, 2018 Opinion or Order Filing 43 ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for June 11, 2018 is CANCELLED and is re-scheduled for July 20, 2018 at 3:00 p.m. ORDERED by Judge Leonard P. Stark on 5/22/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
May 18, 2018 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 Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
May 18, 2018 Opinion or Order Filing 42 SCHEDULING ORDER: Joinder of Parties due by 2/6/2019. Amended Pleadings due by 2/6/2019. Discovery due by 7/26/2019. Status Report due by 3/22/2019. Dispositive Motions due by 12/3/2019. A Motion Hearing is set for 1/28/2020 at 11:00 AM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 12/21/2018. A Markman Hearing is set for 2/4/2019 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 3/27/2020 at 01:30 PM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 4/20/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 5/18/2018. (mlc)
May 18, 2018 Filing 41 PROPOSED ORDER (Proposed Scheduling Order) by Align Technology, Inc.. (Attachments: #1 Letter from John W. Shaw to The Honorable Christopher J. Burke)(Shaw, John)
May 18, 2018 Filing 40 Letter to The Honorable Christopher J. Burke from John W. Shaw regarding Oral Argument - re (36 in 1:17-cv-01646-LPS-CJB, 36 in 1:17-cv-01646-LPS-CJB, 36 in 1:17-cv-01647-LPS-CJB, 36 in 1:17-cv-01647-LPS-CJB) Order,, Set Hearings,. (Shaw, John)
May 17, 2018 Opinion or Order SO ORDERED D.I. (39 in 1:17-cv-01647-LPS-CJB), and D.I. (39 in 1:17-cv-01646-LPS-CJB) Stipulation to submit a revised scheduling order to May 18, 2018 re Scheduling Conference,, by Align Technology, Inc.. (Shaw, John) filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 5/17/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
May 16, 2018 Filing 39 STIPULATION (and proposed order) to submit a revised scheduling order to May 18, 2018 re Scheduling Conference,, by Align Technology, Inc.. (Shaw, John)
May 11, 2018 Opinion or Order ORAL ORDER: As discussed during today's Case Management Conference, the Court HEREBY ORDERS that: (1) In Civil Action No. 17-1646-LPS-CJB, the Markman hearing is set for 2/4/2019 at 1:00 PM, the hearing on dispositive and Daubert motions is set for 1/28/2020 at 11:00 AM, the Pretrial Conference is set for 3/27/2020 at 1:30 PM, and the Trial is set to begin on 4/20/2020 at 9:30 AM; and (2) In Civil Action No. 17-1647-LPS-CJB, the Markman hearing is set for 3/25/2019 at 9:00 AM, the hearing on dispositive and Daubert motions is set for 3/3/2020 at 9:00 AM, the Pretrial Conference is set for 5/8/2020 at 11:30 AM, and the Trial is set to begin on 6/8/2020 at 9:30 AM. Ordered by Judge Christopher J. Burke on 5/11/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
May 11, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 5/11/2018. The Court discussed the parties' submission regarding a schedule and ordered that Plaintiffs were to submit a revised proposed schedule by close of business 5/16/18. (Clerk, J. Lyons) Appearances: J. Shaw, B. Jacobs, C. Ondrick for Plaintiff; G. Grivner, P. Hirschhorn, L. Smith for Defendants. (Court Reporter Stacey Ingram (Hawkins)) Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
May 10, 2018 Filing 38 NOTICE requesting Clerk to remove Patrick J. Stafford as co-counsel.. (Shaw, John)
May 8, 2018 Opinion or Order Oral Order Setting Telephonic Scheduling Conference: A Case Management/Scheduling Teleconference is set for 5/11/2018 at 02:00 PM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 5/8/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
May 2, 2018 Filing 37 Letter to The Honorable Christopher J. Burke from John W. Shaw - re Order Setting Scheduling Conference. (Shaw, John)
April 25, 2018 Opinion or Order Order Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 5/7/2018 at 04:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/25/2018. (dlb)
April 20, 2018 Opinion or Order Filing 36 ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for May 16, 2018 is CANCELLED and is re-scheduled for June 11, 2018 at 4:00 p.m. ORDERED by Judge Leonard P. Stark on 4/20/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
April 18, 2018 Filing 35 PROPOSED ORDER [Scheduling Order] by Align Technology, Inc.. (Attachments: #1 Table of Dates, #2 Letter to The Honorable Christopher J. Burke from Jeffrey T. Castellano, #3 Checklist)(Castellano, Jeffrey)
April 17, 2018 Filing 34 Letter to The Honorable Leonard P. Stark from John W. Shaw regarding May 16, 2018 Oral Argument - re (33 in 1:17-cv-01647-LPS-CJB, 33 in 1:17-cv-01647-LPS-CJB) Order,, Set Hearings,. (Shaw, John)
April 11, 2018 Opinion or Order Filing 33 ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument on the pending motions on May 16, 2018 beginning at 2:00 p.m. Each side will be allocated up to one (1) hour to present its argument. ORDERED by Judge Leonard P. Stark on 4/11/18. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
April 9, 2018 Motions No Longer Referred to Judge Burke: (14 in 1:17-cv-01646-LPS-CJB) (14 in 1:17-cv-01647-LPS-CJB) MOTION to Stay; (21 in 1:17-cv-01646-LPS-CJB)(21 in 1:17-cv-01647-LPS-CJB) MOTION to Dismiss. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB (ntl)
March 22, 2018 Filing 32 Letter to The Honorable Christopher J. Burke from John W. Shaw regarding Response to 3Shape's March 20, 2018 Letter - re #31 Letter,. (Shaw, John)
March 22, 2018 Pro Hac Vice Attorney Kim Coghill for 3Shape A/S, 3Shape 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. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(crb)
March 22, 2018 Pro Hac Vice Attorney S. Lloyd Smith, Philip L. Hirschhorn for 3Shape A/S, 3Shape 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. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(crb)
March 20, 2018 Filing 31 Letter to Magistrate Judge Burke from Geoffrey G. Grivner regarding Motions to Stay - re #30 Request for Oral Argument, #21 MOTION to Dismiss for Failure to State a Claim , #14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission). (Grivner, Geoffrey)
March 19, 2018 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 a 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). Ordered by Judge Christopher J. Burke on 3/19/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
March 15, 2018 Filing 30 REQUEST for Oral Argument by Align Technology, Inc. re #21 MOTION to Dismiss for Failure to State a Claim . (Shaw, John)
March 9, 2018 CORRECTING ENTRY: Counsel for #29 originally filed the wrong document in the entry and docketed the correct brief for #30 . We then swapped #29 with the correct document and deleted #30 (sar)
March 8, 2018 Filing 29 REPLY BRIEF re #21 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Exhibit A)(Grivner, Geoffrey) (Main Document 29 replaced on 3/9/2018) (sar). (Attachment 1 replaced on 3/9/2018) (sar).
March 6, 2018 Opinion or Order SO ORDERED (28 in 1:17-cv-01647-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, S. Lloyd Smith, Esquire and Kim E. Coghill, Esquire filed by 3Shape A/S, 3Shape Inc., and(28 in 1:17-cv-01646-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, S. Lloyd Smith, Esquire and Kim E. Coghill, Esquire filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 3/6/2018. Associated Cases: 1:17-cv-01647-LPS-CJB, 1:17-cv-01646-LPS-CJB(dlb)
March 2, 2018 Filing 28 MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, S. Lloyd Smith, Esquire and Kim E. Coghill, Esquire - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Certificate of Compliance CERTIFICATION BY COUNSEL TO BE ADMITTED PRO HAC VICE FOR PHILIP L. HIRSCHHORN, #2 Certificate of Compliance CERTIFICATION BY COUNSEL TO BE ADMITTED PRO HAC VICE FOR S. LLOYD SMITH, #3 Certificate of Compliance CERTIFICATION BY COUNSEL TO BE ADMITTED PRO HAC VICE FOR KIMBERLY E. COGHILL, #4 Text of Proposed Order FOR PHILIP L. HIRSCHHORN, #5 Text of Proposed Order FOR S. LLOYD SMITH, #6 Text of Proposed Order FOR KIMBERLY E. COGHILL)(Grivner, Geoffrey)
February 28, 2018 Opinion or Order SO ORDERED D.I. (27 in 1:17-cv-01647-LPS-CJB) Stipulation filed by 3Shape A/S, 3Shape Inc., and (27 in 1:17-cv-01646-LPS-CJB) Stipulation filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 2/28/2018. Associated Cases: 1:17-cv-01647-LPS-CJB, 1:17-cv-01646-LPS-CJB(dlb)
February 27, 2018 Filing 27 STIPULATION EXTENDING TIME AND ENLARGING PAGE LIMITATION re #21 MOTION to Dismiss for Failure to State a Claim by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
February 22, 2018 Filing 26 DECLARATION re #25 Answering Brief in Opposition (Declaration of Christina A. Ondrick) by Align Technology, Inc.. (Attachments: #1 Exhibit 1)(Shaw, John)
February 22, 2018 Filing 25 ANSWERING BRIEF in Opposition re #21 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc..Reply Brief due date per Local Rules is 3/1/2018. (Shaw, John)
February 16, 2018 Filing 24 STIPULATION to Extend Page Limit to Answering Brief in Opposition to Defendants' Motion to Dismiss (D.I. 21) by Align Technology, Inc.. (Shaw, John)
February 16, 2018 Opinion or Order SO ORDERED D.I. (24 in 1:17-cv-01647-LPS-CJB) Stipulation filed by Align Technology, Inc., (24 in 1:17-cv-01646-LPS-CJB) Stipulation filed by Align Technology, Inc.. Ordered by Judge Christopher J. Burke on 2/16/2018. Associated Cases: 1:17-cv-01647-LPS-CJB, 1:17-cv-01646-LPS-CJB(mlc)
February 8, 2018 Opinion or Order SO ORDERED D.I. (23 in 1:17-cv-01647-LPS-CJB) and (23 in 1:17-cv-01646-LPS-CJB) STIPULATION TO EXTEND TIME to file an answering brief in opposition to 3Shape A/S's and 3Shape, Inc.'s Motion to Dismiss (D.I. 21) to February 22, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 2/8/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB(dlb)
February 7, 2018 Filing 23 STIPULATION TO EXTEND TIME to file an answering brief in opposition to 3Shape A/Ss and 3Shape, Inc.s Motion to Dismiss (D.I. 21) to February 22, 2018 - filed by Align Technology, Inc.. (Shaw, John)
February 1, 2018 MOTION REFERRED: #21 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb)
February 1, 2018 Filing 22 OPENING BRIEF in Support re #21 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 2/15/2018. (Attachments: #1 Exhibit A)(Grivner, Geoffrey)
February 1, 2018 Filing 21 MOTION to Dismiss for Failure to State a Claim - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Text of Proposed Order)(Grivner, Geoffrey)
January 23, 2018 Filing 20 REPLY BRIEF re #14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Affidavit of Christopher M. Cherry, Ph.D. in Support of Defendant's Reply Brief in Support of its Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission, #2 Exhibit A to Affidavit, #3 Exhibit B to Affidavit, #4 Exhibit C to Affidavit)(Grivner, Geoffrey)
January 23, 2018 Filing 19 REDACTED VERSION of (18 in 1:17-cv-01646-LPS-CJB, 18 in 1:17-cv-01647-LPS-CJB, 18 in 1:17-cv-01649-LPS-CJB, 18 in 1:17-cv-01648-LPS-CJB) Declaration, by Align Technology, Inc.. (Shaw, John)
January 16, 2018 Filing 18 [SEALED] DECLARATION re (17 in 1:17-cv-01648-LPS-CJB) Answering Brief in Opposition, (17 in 1:17-cv-01649-LPS-CJB) Answering Brief in Opposition, (17 in 1:17-cv-01647-LPS-CJB) Answering Brief in Opposition, (17 in 1:17-cv-01646-LPS-CJB) Answering Brief in Opposition, [DECLARATION OF CHRISTINA A. ONDRICK IN SUPPORT OF ALIGN'S ANSWERING BRIEF IN OPPOSITION TO 3SHAPE'S MOTION TO STAY] by Align Technology, Inc.. (Attachments: #1 Exhibit 1-11)(Shaw, John)
January 16, 2018 Filing 17 ANSWERING BRIEF in Opposition re #14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) filed by Align Technology, Inc..Reply Brief due date per Local Rules is 1/23/2018. (Shaw, John)
January 3, 2018 Filing 16 STIPULATION TO EXTEND TIME for Plaintiff to file and serve its Answering Brief in Opposition to the Motion to Stay to January 16, 2018 - filed by Align Technology, Inc.. (Shaw, John)
January 3, 2018 Opinion or Order SO ORDERED D.I. (16 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME for Plaintiff to file and serve its Answering Brief in Opposition to the Motion to Stay to January 16, 2018 filed by Align Technology, Inc., (16 in 1:17-cv-01648-LPS-CJB) (16 in 1:17-cv-01649-LPS-CJB) (16 in 1:17-cv-01646-LPS-CJB). Ordered by Judge Christopher J. Burke on 1/3/2018. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB, 1:17-cv-01649-LPS-CJB(dlb)
December 22, 2017 Filing 15 OPENING BRIEF in Support re #14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) filed by 3Shape A/S, 3Shape Inc..Answering Brief/Response due date per Local Rules is 1/5/2018. (Grivner, Geoffrey)
December 22, 2017 Filing 14 MOTION to Stay (Defendant's Motion for Mandatory and Discretionary Stay Pending Proceedings at the International Trade Commission) - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Text of Proposed Order)(Grivner, Geoffrey)
December 22, 2017 Set/Reset Answer Deadlines: 3Shape A/S answer due 2/1/2017; 3Shape Inc. answer due 2/1/2017. (dlb)
December 22, 2017 Opinion or Order SO ORDERED D.I. #13 STIPULATION TO EXTEND TIME Answer Complaint to 2/1/2018 filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 12/22/2017. (dlb)
December 6, 2017 Filing 13 STIPULATION TO EXTEND TIME Answer Complaint to 2/1/2018 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey)
December 4, 2017 Filing 12 Emergency MOTION for Extension of Time to Answer Complaint - filed by 3Shape A/S, 3Shape Inc.. (Attachments: #1 Exhibit LOCAL RULE 7.1.1 STATEMENT, #2 Text of Proposed Order)(Grivner, Geoffrey)
December 4, 2017 Filing 11 PROPOSED ORDER [PROCEDURES ORDER] by Align Technology, Inc.. (Hoeschen, Nathan)
December 4, 2017 Summons Reissued with Magistrate Consent Notice attached as to 3Shape A/S. (ceg)
December 4, 2017 Opinion or Order SO ORDERED, D.I. (11 in 1:17-cv-01646-LPS-CJB) Proposed Procedures Order filed by Align Technology, Inc., (11 in 1:17-cv-01648-LPS-CJB)(11 in 1:17-cv-01649-LPS-CJB) (11 in 1:17-cv-01647-LPS-CJB). Ordered by Judge Christopher J. Burke on 12/4/2017. Associated Cases: 1:17-cv-01646-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB, 1:17-cv-01649-LPS-CJB(dlb)
December 1, 2017 Filing 10 PRAECIPE filed by David M. Fry on behalf of Align Technology, Inc. requesting Clerk to issue three original, sealed summonses as to defendant 3Shape A/S. (Fry, David)
November 30, 2017 Filing 9 Postal Receipt(s) for the mailing of process to 3Shape A/S (jcs)
November 30, 2017 Filing 8 PRAECIPE filed by Karen Elizabeth Keller on behalf of Align Technology, Inc. requesting Clerk to issue 4(f)(2)(C)(ii) and 4(h)(2) service on 3Shape A/S (Attachments: #1 Affidavit of Karen E. Keller)(Keller, Karen)
November 27, 2017 Opinion or Order Filing 7 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 11/27/17. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:17-cv-01649-LPS (ntl)
November 27, 2017 Opinion or Order SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick and Patrick J. Stafford filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 11/27/17. (ntl)
November 27, 2017 Pro Hac Vice Attorney Blair M. Jacobs,Christina A. Ondrick,Patrick Stafford for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
November 22, 2017 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:17-cv-01649-LPS (rjb)
November 15, 2017 Filing 6 SUMMONS Returned Executed by Align Technology, Inc.. 3Shape Inc. served on 11/15/2017, answer due 12/6/2017. (Shaw, John)
November 14, 2017 Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick and Patrick J. Stafford - filed by Align Technology, Inc.. (Shaw, John)
November 14, 2017 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Align Technology, Inc. (nmg)
November 14, 2017 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,510,757 B2; 7,112,065 B2; 9,451,873 B1; 9,299,192 B2; 9,427,916 B2; 8,454,364 B2; 8,845,330 B2. (nmg)
November 14, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
November 14, 2017 Filing 1 COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against 3Shape A/S, 3Shape Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2266007.) - filed by Align Technology, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Civil Cover Sheet)(nmg)
November 14, 2017 Summons Issued with Magistrate Consent Notice attached as to 3Shape A/S on 11/14/2017; 3Shape Inc. on 11/14/2017. 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. (nmg)

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Search for this case: Align Technology, Inc. v. 3Shape A/S et al
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Plaintiff: Align Technology, Inc.
Represented By: David M. Fry
Represented By: Karen Elizabeth Keller
Represented By: John W. Shaw
Represented By: Patrick Stafford
Represented By: Christina A. Ondrick
Represented By: Blair M. Jacobs
Represented By: Jeffrey Thomas Castellano
Represented By: James V. Razick
Represented By: John S. Holley
Represented By: Mark J. Consilvio
Represented By: Elizabeth Bernard
Represented By: Daryll M.R. Hawthorne-Searight
Represented By: Raymond Stockstill
Represented By: Grant N. Margeson
Represented By: Courtney Hodge
Represented By: John Cotiguala
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Defendant: 3Shape A/S
Represented By: Geoffrey Graham Grivner
Represented By: Kimberly E. Coghill
Represented By: Bryan J. Cannon
Represented By: Philip L. Hirschhorn
Represented By: Andrew R. Cheslock
Represented By: S. Lloyd Smith
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Defendant: 3Shape Inc.
Represented By: Geoffrey Graham Grivner
Represented By: Kimberly E. Coghill
Represented By: Bryan J. Cannon
Represented By: Philip L. Hirschhorn
Represented By: Andrew R. Cheslock
Represented By: S. Lloyd Smith
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