Billingnetwork Patent, Inc. v. Modernizing Medicine, Inc.
| Billingnetwork Patent, Inc. |
| Modernizing Medicine, Inc. |
| 1:2017cv01655 |
| November 15, 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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| Pro Hac Vice Attorney Theresa M. Dawson for Modernizing Medicine, 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) |
| Filing 17 REPLY BRIEF re #9 MOTION to Dismiss for Failure to State a Claim filed by Modernizing Medicine, Inc.. (Anderson, Jeremy) |
| Filing 16 DECLARATION re #15 Answering Brief in Opposition including Exhibits A-F by Billingnetwork Patent, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pazuniak, George) |
| Filing 15 ANSWERING BRIEF in Opposition re #9 MOTION to Dismiss for Failure to State a Claim filed by Billingnetwork Patent, Inc..Reply Brief due date per Local Rules is 12/28/2017. (Pazuniak, George) |
| Filing 14 ANSWER to #11 Answer to Complaint, Counterclaim by Billingnetwork Patent, Inc..(Pazuniak, George) |
| Pro Hac Vice Attorney Timothy J. Haller,Gabriel I. Opatken for Billingnetwork Patent, 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) |
| Filing 13 STIPULATION to Stay Pending Resolution of the Motion to Dismiss by Modernizing Medicine, Inc.. (Anderson, Jeremy) |
SO ORDERED D.I. #13 Stipulation to Stay Pending Resolution of the Motion to Dismiss filed by Modernizing Medicine, Inc. Ordered by Judge Christopher J. Burke on 12/8/2017. (dlb)
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| Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Modernizing Medicine, Inc.. (Anderson, Jeremy) |
| Filing 11 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Billingnetwork Patent, Inc. by Modernizing Medicine, Inc..(Anderson, Jeremy) |
| Filing 10 OPENING BRIEF in Support re #9 MOTION to Dismiss for Failure to State a Claim filed by Modernizing Medicine, Inc..Answering Brief/Response due date per Local Rules is 12/21/2017. (Anderson, Jeremy) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim - filed by Modernizing Medicine, Inc.. (Attachments: #1 Text of Proposed Order)(Anderson, Jeremy) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, David B. Conrad, Ricardo Bonilla, and Theresa Dawson - filed by Modernizing Medicine, Inc.. (Anderson, Jeremy) |
| MOTION REFERRED: #9 MOTION to Dismiss for Failure to State a Claim Motions referred to Christopher J. Burke.(dlb) |
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SO ORDERED D.I. #6 MOTION for Pro Hac Vice Appearance of Attorney Timothy J. Haller and Gabriel I. Opatken filed by Billingnetwork Patent, Inc.. Ordered by Judge Christopher J. Burke on 12/7/2017. (dlb)
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ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 12/7/2017. (dlb)
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SO ORDERED D.I. #8 MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, David B. Conrad, Ricardo Bonilla, and Theresa Dawson filed by Modernizing Medicine, Inc.. Signed by Judge Christopher J. Burke on 12/7/2017. (dlb)
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SO ORDERED D.I. #7 Proposed Procedures Order filed by Billingnetwork Patent, Inc.. Ordered by Judge Christopher J. Burke on 12/5/2017. (dlb)
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| Filing 7 PROPOSED ORDER Requested By The Court re 4 Order Referring Case to Magistrate Judge,,, by Billingnetwork Patent, Inc.. (Pazuniak, George) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Timothy J. Haller and Gabriel I. Opatken - filed by Billingnetwork Patent, Inc.. (Attachments: #1 Certificate of Compliance Haller Certification, #2 Certificate of Compliance Opatken Certification)(Pazuniak, George) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Billingnetwork Patent, Inc.. (Pazuniak, George) |
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Filing 4
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. (ntl)
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| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Summons have been mailed to plaintiff's counsel per his request. (nmfn) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,374,229. (nmfn) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmfn) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Modernizing Medicine, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2266963.) - filed by Billingnetwork Patent, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(nmfn) |
| Summons Issued with Magistrate Consent Notice attached as to Modernizing Medicine, Inc. on 11/15/2017. 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. (nmfn) |
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