Align Technology, Inc. v. 3Shape A/S et al
| Align Technology, Inc. |
| 3Shape A/S and 3Shape Inc. |
| 1:2017cv01648 |
| November 14, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Christopher J Burke |
| Leonard P Stark |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Filing 21 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) |
| Filing 20 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) |
| Filing 19 STIPULATION AND PROPOSED ORDER FOR STAY by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) |
SO ORDERED D.I. (20 in 1:17-cv-01649-LPS-CJB)& (19 in 1:17-cv-01648-LPS-CJB) Stipulation For Stay filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 1/23/2018. Associated Cases: 1:17-cv-01648-LPS-CJB, 1:17-cv-01649-LPS-CJB(dlb)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 13 STIPULATION TO EXTEND TIME to Answer Complaint to 2/1/2018 - filed by 3Shape A/S, 3Shape Inc.. (Grivner, Geoffrey) |
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SO ORDERED D.I. (13 in 1:17-cv-01648-LPS-CJB)(13 in 1:17-cv-01649-LPS-CJB) (13 in 1:17-cv-01647-LPS-CJB) STIPULATION TO EXTEND TIME Answer Complaint to 2/1/2018 filed by 3Shape A/S, 3Shape Inc. Ordered by Judge Christopher J. Burke on 12/6/2017. Associated Cases: 1:17-cv-01649-LPS-CJB, 1:17-cv-01647-LPS-CJB, 1:17-cv-01648-LPS-CJB(dlb)
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| Set/Reset Answer Deadlines: 3Shape A/S answer due 2/1/2018; 3Shape Inc. answer due 2/1/2018. (dlb) |
| 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) |
| Filing 11 PROPOSED ORDER [PROCEDURES ORDER] by Align Technology, Inc.. (Hoeschen, Nathan) |
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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)
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| Summons Reissued with Magistrate Consent Notice attached as to 3Shape A/S. (ceg) |
| 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) |
| Filing 9 Postal Receipt(s) for the mailing of process to 3Shape A/S (jcs) |
| 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) |
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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)
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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)
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| Pro Hac Vice Attorney Blair M. Jacobs,Patrick Stafford,Christina A. Ondrick 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) |
| 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) |
| Filing 6 SUMMONS Returned Executed by Align Technology, Inc.. 3Shape Inc. served on 11/15/2017, answer due 12/6/2017. (Shaw, John) |
| 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) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Align Technology, Inc. (nmg) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,092,107 B2; 9,615,901 B2; 8,638,448 B2; 8,638,447 B2; 6,845,175 B2; 6,334,853 B1. (nmg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| 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 0311-2266028.) - 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 Civil Cover Sheet)(nmg) |
| 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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