Minerva Surgical, Inc. v. Hologic, Inc. et al
| Minerva Surgical, Inc. |
| Cytyc Surgical Products, LLC and Hologic, Inc. |
| 1:2018cv00217 |
| February 7, 2018 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Joseph F Bataillon |
| Sherry R Fallon |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.
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Filing 357
TRANSCRIPT REQUEST by Minerva Surgical, Inc. for proceedings held on January 23, 2019 before Judge Sherry R. Fallon, (Liston, Ian)
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Filing 356
NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #355 Notice of Appeal (Federal Circuit) filed by Minerva Surgical, Inc. USCA Case Number 21-2246 (nmg)
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Filing 355
NOTICE OF APPEAL to the Federal Circuit of #194 Memorandum and Order, #346 Memorandum and Order, #349 Memorandum and Order. Appeal filed by Minerva Surgical, Inc. (Liston, Ian)
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APPEAL - Credit Card Payment of $505.00 received re #355 Notice of Appeal (Federal Circuit) filed by Minerva Surgical, Inc.. ( Filing fee $505, receipt number ADEDC-3684766.) (Liston, Ian)
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Notification regarding #355 Notice of Appeal (Federal Circuit) sent to Reporter Hawkins. (nmg)
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Notification regarding #355 Notice of Appeal (Federal Circuit) sent to Reporter Gaffigan. (nmg)
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Notification regarding #355 Notice of Appeal (Federal Circuit) sent to Reporter Gunning. (nmg)
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Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re #355 Notice of Appeal (Federal Circuit). (nmg)
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Filing 354
JOINT STIPULATION regarding Post-Judgment Motions. Signed by Judge Joseph F. Bataillon on 7/30/2021. (nmg)
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Filing 353
STIPULATION Regarding Post-Judgment Motions by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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SO ORDERED- re #351 MOTION for Pro Hac Vice Appearance of Attorney Robert N. Hochman. Signed by Judge Sherry R. Fallon on 7/28/2021. (lih)
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Filing 352
JUDGMENT in favor of Cytyc Surgical Products, LLC, Hologic, Inc. against Minerva Surgical, Inc. Signed by Judge Joseph F. Bataillon on 07/26/2021. (smg)
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Filing 351
MOTION for Pro Hac Vice Appearance of Attorney Robert N. Hochman - filed by Minerva Surgical, Inc.. (Attachments: #1 Certification of Robert N. Hochman)Motions referred to Sherry R. Fallon.(Liston, Ian)
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Filing 350
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,186,208. (smg)
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Filing 349
MEMORANDUM AND ORDER, Defendant Hologics motion for summary judgment of invalidity (D.I. #208 ) is granted; Plaintiff Minervas motion for a summary judgment of validity (D.I. #210 ) is denied. The parties cross motions for summary judgment on infringement (D.I. #200 and D.I. #206 ), Hologics motion for summary judgment of no lost profits (D.I. #211 ); Hologics motion for summary judgment of no willful infringement (D.I. #214 ); Minervas motion for a partial summary judgment of validity under 35 U.S.C. 112 (D.I. #198 ) and Minervas motion for partial summary judgment on defendants affirmative defenses and counterclaim (D.I. #204 ) are denied as moot. A Judgment of Dismissal will issue this date. ***Civil Case Terminated. Signed by Judge Joseph F. Bataillon on 07/23/2021. (smg)
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Filing 348
Letter to The Honorable Joseph F. Bataillon from Ian R. Liston, Esq. regarding Request for Status Conference - re #346 Memorandum and Order,,, Terminate Motions,,. (Liston, Ian)
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Filing 347
Joint STATUS REPORT regarding Pretrial Issues by Minerva Surgical, Inc.. (Ward, Jennifer) Modified on 7/21/2021 (lih).
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Filing 346
MEMORANDUM AND ORDER, Defendant Hologic's motion to preclude the testimony of Dr. Paul Briant (D.I. #217 ) is sustained in part as set forth in this order. Defendant Hologic's motion to preclude the testimony of Blake Inglish (D.I. #219 ) and Dr. Robert Tucker (D.I. #221 ) are denied. Plaintiff Minerva's motions to preclude testimony of James E. Pampinella (D.I. #196 ) and Karl R. Leinsing (D.I. #202 ) are denied. (See Order for further details) Signed by Judge Joseph F. Bataillon on 07/20/2021. (smg)
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Filing 345
ORDER AFTER PRETRIAL CONFERENCE re #335 Proposed Pretrial Order. Signed by Judge Sherry R. Fallon on 7/13/2021. (lih)
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Pretrial Conference held on 7/13/2021. (Court Reporter V. Gunning.) (lih)
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ORAL ORDER - granting #341 Joint MOTION to Request Prospective Jurors to Complete Stipulated Questionnaire and For Early Mailing of Questionnaires to Prospective Jurors. Counsel is directed to contact the courts jury administrator, Debra Bonselaar, at 302-573-6172, for detailed instructions on how to submit copies of the questionnaire for mailing. Ordered by Judge Sherry R. Fallon on 7/12/2021. (lih)
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Filing 344
NOTICE OF SERVICE of Defendants Notice of Prior Art Under 35 U.S.C. 282; filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 343
REDACTED VERSION of #335 Proposed Pretrial Order by Minerva Surgical, 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 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Liston, Ian) Modified on 7/9/2021 (lih).
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Filing 342
MEMORANDUM AND ORDER. Hologics objections (D.I. #331 ) are overruled. The Order of the Magistrate Judge (D.I. #329 ) is affirmed. Hologics motion to stay (D.I. #322 ) is denied. (See Order for further details) Signed by Judge Joseph F. Bataillon on 07/08/2021. (smg)
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Filing 341
Joint MOTION to Request Prospective Jurors to Complete Stipulated Questionnaire and For Early Mailing of Questionnaires to Prospective Jurors - filed by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A)Motions referred to Sherry R. Fallon.(Liston, Ian)
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Filing 340
Joint Proposed Closing Jury Instructions by Minerva Surgical, Inc. . (Liston, Ian) Modified on 7/8/2021 (lih).
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Filing 339
Joint [Proposed] Initial Jury Instructions by Minerva Surgical, Inc. . (Liston, Ian) Modified on 7/8/2021 (lih).
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Filing 338
Proposed Voir Dire by Minerva Surgical, Inc.. (Attachments: #1 Ex. A - Plaintiff's Proposed Voir Dire Form, #2 Ex. B - Defendants' Proposed Voir Dire Form)(Liston, Ian)
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Filing 337
Joint Submission of Parties' Competing Proposed Verdict Forms by Minerva Surgical, Inc. . (Attachments: #1 Ex. A - Plaintiff's Proposed Verdict Form, #2 Ex. B - Defendants' Proposed Verdict Form)(Liston, Ian) Modified on 7/8/2021 (lih).
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ORAL ORDER: The pretrial conference scheduled for July 13, 2021 at 10:00 AM shall be conducted via videoconference. No later than July 9, 2021 at noon, the parties shall send a joint email to Rebecca_Polito@ded.uscourts.gov containing (i) a videoconference link and/or instructions on how to join the conference; (ii) a list of attendees for each side; and (iii) a separate audio-only dial-in number. The videoconference must be sufficient to accommodate Judge Fallon, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Rebecca_Polito@ded.uscourts.gov no later than noon on July 9, 2021. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Larisha_Hicks@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the videoconference no later than 10 minutes prior to the start of the hearing. Ordered by Judge Sherry R. Fallon on 7/7/2021. (lih)
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Filing 336
STIPULATION TO EXTEND TIME to Submit Redacted Version of Proposed Pretrial Order and Associated Exhibits (D.I. 335) to July 9, 2021 - filed by Minerva Surgical, Inc.. (Liston, Ian)
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SO ORDERED- re #336 STIPULATION TO EXTEND TIME to Submit Redacted Version of Proposed Pretrial Order and Associated Exhibits (D.I. 335) to July 9, 2021. Signed by Judge Sherry R. Fallon on 7/2/2021. (lih)
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ORAL ORDER re: D.I. #316 . IT IS HEREBY ORDERED that, during the July 13, 2021 pretrial conference, counsel shall comply with the Court's May 25, 2021 Standing Order regarding COVID-19 protocols, or any intervening or superseding Standing Orders issued by the Court regarding same. No more than four (4) attorneys or representatives per side will be permitted in the courtroom. Ordered by Judge Sherry R. Fallon on 7/1/2021. (lih)
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NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #335 . (lih)
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Filing 335
[SEALED] Joint Proposed Pretrial Order by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 1 through 13, #2 Exhibits 14 through 25)(Liston, Ian) Modified on 6/28/2021 (lih).
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SO ORDERED- re #334 MOTION for Pro Hac Vice Appearance of Attorney Jennifer A. Sklenar. Signed by Judge Sherry R. Fallon on 6/11/2021. (lih)
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Filing 334
MOTION for Pro Hac Vice Appearance of Attorney Jennifer A. Sklenar - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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Filing 333
RESPONSE TO OBJECTIONS by Minerva Surgical, Inc. re #331 Response to Order . (Attachments: #1 Certificate of Service)(Liston, Ian)
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Filing 332
Letter to The Honorable Joseph F. Bataillon from Karen L. Pascale regarding identification of filings related to Hologic's Objections to Magistrate Judge's Order - re #331 Response to Order. (Pascale, Karen)
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Filing 331
Objections re #329 Order, #328 Memorandum Opinion Denying Defendants' Motion to Stay filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 5/21/2021 (lih).
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Filing 330
REDACTED VERSION of #327 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 2 through 5)(Pascale, Karen)
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REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #327 . (lih)
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Filing 329
ORDER- #328 Memorandum Opinion denying re #322 MOTION to Stay. Signed by Judge Sherry R. Fallon on 5/7/2021. (lih)
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Filing 328
MEMORANDUM OPINION re #322 Motion to Stay. Signed by Judge Sherry R. Fallon on 5/7/2021. (lih)
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Filing 327
[SEALED] DECLARATION of Marc A. Cohn re #326 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 2 - 5)(Pascale, Karen) Modified on 5/7/2021 (lih).
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Filing 326
REPLY BRIEF re #322 MOTION to Stay filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 325
DECLARATION re #324 Answering Brief in Opposition by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 1 through 9)(Liston, Ian) Modified on 4/30/2021 (lih).
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Filing 324
ANSWERING BRIEF in Opposition re #322 MOTION to Stay filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 5/6/2021. (Liston, Ian)
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Filing 323
OPENING BRIEF in Support re #322 MOTION to Stay filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 4/29/2021. (Attachments: #1 Exhibit 1)(Pascale, Karen)
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Filing 322
MOTION to Stay - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Pascale, Karen)
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Filing 321
Response re #320 Notice of Subsequent Authority by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 3/25/2021 (lih).
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Filing 320
NOTICE of Subsequent Authority re #206 MOTION for Summary Judgment of Non-Infringement, #217 MOTION to Preclude Certain Opinions and Testimony of Dr. Paul Briant by Minerva Surgical, Inc. (Attachments: #1 Exhibit A)(Liston, Ian) Modified on 3/23/2021 (lih).
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Filing 319
NOTICE of Appearance by Jennifer A. Ward on behalf of Minerva Surgical, Inc. (Ward, Jennifer)
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Filing 318
NOTICE of Plaintiff's Response to Defendants' Notice of Subsequent Authority by Minerva Surgical, Inc. re #317 Notice (Other), (Attachments: #1 Certificate of Compliance 1)(Liston, Ian)
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Filing 317
NOTICE of Subsequent Authority re #206 MOTION for Summary Judgment of Non-Infringement and MOTION to Preclude Certain Opinions and Testimony of Dr. Paul Briant by Cytyc Surgical Products, LLC, Hologic, Inc. (Attachments: #1 Exhibit A)(Pascale, Karen) Modified on 2/3/2021 (lih).
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SO ORDERED- re #316 Stipulated Amended Scheduling Order. Set SCHEDULING ORDER deadlines: Motions in Limine due by 6/2/2021., Responses to Motions in Limine due by 6/16/2021., Proposed Pretrial Order due by 6/25/2021., A Pretrial Conference is set for 7/13/2021 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon., A 10-day Jury Trial is set to begin on 8/9/2021 at 09:30 AM before Judge Joseph F. Bataillon. (PLEASE REFER TO STIPULATION FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 10/21/2020. (lih)
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Filing 316
STIPULATED Amended Scheduling Order by Minerva Surgical, Inc.. (Liston, Ian) Modified on 10/21/2020 (lih).
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Filing 315
Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding trial scheduling conflict. (Pascale, Karen) Modified on 10/20/2020 (lih).
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ORAL ORDER: Whereas the parties have submitted a letter (D.I. #315 ) notifying the Court of a conflict with the proposed June 21, 2021 trial date, IT IS HEREBY ORDERED that the Scheduling Order at D.I. #98 is amended as follows: (1) The 10-day jury trial is rescheduled to commence on August 9, 2021, subject to courtroom availability and the priority of other trials previously scheduled ahead of it; (2) The pretrial conference is scheduled for July 13, 2021 at 10:00 a.m.; and (3) The proposed final pretrial order is due on June 25, 2021. The parties shall include these dates in the joint form of Amended Scheduling Order due on October 20, 2020. Ordered by Judge Sherry R. Fallon on 10/20/2020. (lih)
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ORAL ORDER- Whereas the parties jointly requested that the court lift the stay and reschedule the case for a jury trial D.I. #313 it is hereby ordered that the stay is lifted and the Scheduling Order D.I. #98 is amended as follows: (1) The 10-day jury trial is rescheduled to commence June 21, 2021, subject to courtroom availability and the priority of other trials previously scheduled ahead of it; (2) The pretrial conference is scheduled for May 17, 2021 at 10:00 a.m.; and (3) the proposed final pretrial order is due on April 26, 2021. On or before October 20, 2020, the parties shall submit a form of Amended Scheduling Order to the court consistent with the dates provided by the court. Ordered by Judge Sherry R. Fallon on 10/14/2020. (lih) Modified on 10/14/2020 (lih).
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Filing 314
Supplemental Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Minerva Surgical, Inc.. (Liston, Ian)
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Filing 313
Joint STATUS REPORT and Joint Request for New Trial Date by Minerva Surgical, Inc.. (Liston, Ian) Modified on 9/28/2020 (lih).
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SO ORDERED- re #312 STIPULATION to Extend Stay. Set Deadlines: ( Status Report due by 9/25/2020.) Signed by Judge Sherry R. Fallon on 7/27/2020. (lih)
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Filing 312
STIPULATION to Extend Stay by Minerva Surgical, Inc.. (Liston, Ian)
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SO ORDERED- re #311 Stipulation to Extend Stay. Set Deadlines: ( Status Report due by 7/24/2020.) Signed by Judge Sherry R. Fallon on 6/1/2020. (lih)
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Filing 311
STIPULATION to Extend Stay by Minerva Surgical, Inc.. (Liston, Ian) Modified on 5/29/2020 (lih).
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SO ORDERED- re #310 Stipulation to Stay Case. The pretrial and jury trial dates are vacated. Case stayed. Set Deadlines: ( Status Report due by 5/29/2020.) Signed by Judge Sherry R. Fallon on 4/7/2020. (lih)
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Filing 310
STIPULATION to Stay the Case by Minerva Surgical, Inc.. (Liston, Ian) Modified on 4/7/2020 (lih).
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Pro Hac Vice Attorney Jonathan Swisher for Cytyc Surgical Products, LLC and Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
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SO ORDERED- re #309 MOTION for Pro Hac Vice Appearance of Attorney Jonathan Swisher. Signed by Judge Sherry R. Fallon on 3/27/2020. (lih)
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Pro Hac Vice Attorney Ty W. Callahan for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
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Filing 309
MOTION for Pro Hac Vice Appearance of Attorney Jonathan Swisher - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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Filing 308
NOTICE OF SUBSTITUTION OF COUNSEL re Minerva Surgical, Inc.: Entry of appearance of attorney Ian Robert Liston. Attorney Benjamin J. Schladweiler terminated. (Liston, Ian)
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Filing 307
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Supplemental Fact Witness List filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 306
DECLARATION re #305 Response to Motion by Minerva Surgical, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Schladweiler, Benjamin) Modified on 3/10/2020 (lih).
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Filing 305
Supplemental RESPONSE to Motion re #211 MOTION for Summary Judgment of No Lost Profits filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 3/9/2020 (lih).
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CORRECTING ENTRY: Docket clerk has deleted the declaration from D.I. #305 due to document being filed incorrectly. Counsel is advised to re-file the document separately using the appropriate event code. (lih)
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CORRECTING ENTRY: D.I. 306 has been deleted per conversation with filer. (lih)
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Filing 304
NOTICE of Subsequent Authority by Cytyc Surgical Products, LLC, Hologic, Inc. re #211 MOTION for Summary Judgment of No Lost Profits (Attachments: #1 Exhibit A)(Kraman, Pilar) Modified on 2/28/2020 (lih).
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Filing 303
Official Transcript of t held on 2/24/2020 before Judge Sherry R. Fallon. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/20/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/28/2020. (dh)
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 2/24/2020. (Court Reporter D. Hawkins.) (lih)
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ORAL ORDER- re #268 Joint MOTION for Teleconference to Resolve Discovery Disputes. The transcript of the discovery dispute teleconference held on 2/24/2020 shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 2/24/2020. (lih)
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Filing 302
MOTION for Pro Hac Vice Appearance of Attorney Ty W. Callahan - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
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SO ORDERED- re #302 MOTION for Pro Hac Vice Appearance of Attorney Ty W. Callahan. Signed by Judge Sherry R. Fallon on 2/21/2020. (lih)
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Filing 301
REDACTED VERSION of #300 Exhibit to a Document by Cytyc Surgical Products, LLC, Hologic, Inc.. (Kraman, Pilar)
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Filing 300
[SEALED] EXHIBIT re #299 Letter by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/20/2020 (lih).
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Filing 299
Letter to The Honorable Sherry R. Fallon from Karen L. Pascale re #298 Letter. (Pascale, Karen) Modified on 2/20/2020 (lih).
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Filing 298
Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding Motion to Compel Supplemental Deposition of Dr. Edward Evantash. (Attachments: #1 Exhibit A-C)(Schladweiler, Benjamin)
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Filing 297
REDACTED VERSION of #282 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 296
REDACTED VERSION of #277 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 295
REDACTED VERSION of #273 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 294
REDACTED VERSION of #272 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 293
REDACTED VERSION of #271 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 292
REDACTED VERSION of #270 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 291
REDACTED VERSION of #269 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/19/2020 (lih).
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Filing 290
REDACTED VERSION of #281 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 92 - 98)(Schladweiler, Benjamin) Modified on 2/19/2020 (lih).
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Filing 289
REDACTED VERSION of #280 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/19/2020 (lih).
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Filing 288
REDACTED VERSION of #279 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/19/2020 (lih).
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Filing 287
REDACTED VERSION of #278 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/19/2020 (lih).
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Filing 286
REDACTED VERSION of #274 Reply Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/19/2020 (lih).
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Filing 285
REQUEST for Oral Argument by Cytyc Surgical Products, LLC, Hologic, Inc. re #206 MOTION for Summary Judgment of Non-Infringement. (Pascale, Karen) Modified on 2/19/2020 (lih).
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Filing 284
REQUEST for Oral Argument by Minerva Surgical, Inc. re #196 MOTION to Preclude, #200 MOTION for Partial Summary Judgment, #202 MOTION to Preclude, #210 MOTION for Partial Summary Judgment, #204 MOTION for Partial Summary Judgment, #198 MOTION for Partial Summary Judgment. (Schladweiler, Benjamin) Modified on 2/18/2020 (lih).
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Filing 283
DECLARATION of Marc A. Cohn re #282 Reply Brief, #269 Reply Brief, #271 Reply Brief, #270 Reply Brief, #277 Reply Brief, #272 Reply Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 143- 146)(Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 282
[SEALED] REPLY BRIEF re #221 MOTION to Preclude Certain Opinions and Testimony of Dr. Robert Tucker filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 281
[SEALED] DECLARATION of Neil Desai re #276 Reply Brief, #279 Reply Brief, #278 Reply Brief, #275 Reply Brief, #280 Reply Brief, #274 Reply Brief by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 92 - 98)(Schladweiler, Benjamin) Modified on 2/12/2020 (lih).
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Filing 280
[SEALED] REPLY BRIEF re #202 MOTION to Preclude Certain Expert Opinions of Karl R. Leinsing filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/12/2020 (lih).
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Filing 279
[SEALED] REPLY BRIEF re #210 MOTION for Partial Summary Judgment of Validity of U.S Patient No. 9,186,208 Under (1) Section 102(g) and (2) Section 102(b filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/12/2020 (lih).
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Filing 278
[SEALED] REPLY BRIEF re #204 MOTION for Partial Summary Judgment on Hologic's Seventh Through Eleventh Affirmative Defenses and its Third Counterclaim Relating to Inventorship and Implied License filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/12/2020 (lih).
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Filing 277
[SEALED] REPLY BRIEF re #219 MOTION to Preclude Certain Opinions and Testimony of Blake Inglish filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 276
REPLY BRIEF re #200 MOTION for Partial Summary Judgment That The Accused Product Meets Specific Claim Requirements of U.S. Patent No. 9,186,208 filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/12/2020 (lih).
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Filing 275
REPLY BRIEF re #198 MOTION for Partial Summary Judgment of Validity of U.S. Patent No. 9,186,208 Under Section 112, Paragraph 2 filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/12/2020 (lih).
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Filing 274
[SEALED] REPLY BRIEF re #196 MOTION to Preclude Certain Opinions of James E. Pampinella filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 2/12/2020 (lih).
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Filing 273
[SEALED] REPLY BRIEF re #211 MOTION for Summary Judgment of No Lost Profits filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 272
[SEALED] REPLY BRIEF re #217 MOTION to Preclude Certain Opinions and Testimony of Dr. Paul Briant filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 271
[SEALED] REPLY BRIEF re #214 MOTION for Summary Judgment of No Willful Infringement filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 270
[SEALED] REPLY BRIEF re #208 MOTION for Partial Summary Judgment of Invalidity filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 269
[SEALED] REPLY BRIEF re #206 MOTION for Summary Judgment of Non-Infringement filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 2/12/2020 (lih).
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Filing 268
Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
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SO ORDERED- re #268 Joint MOTION for Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 2/24/2020 at 11:00 AM before Judge Sherry R. Fallon. Plaintiff shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: Moving submission due by no later than 11:00 AM on 2/19/2020; Responsive submission due by no later than 11:00 AM on 2/20/2020.) Signed by Judge Sherry R. Fallon on 1/30/2020. (lih)
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Filing 267
REDACTED VERSION of #253 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/28/2020 (lih).
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Filing 266
REDACTED VERSION of #252 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/28/2020 (lih).
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Filing 265
REDACTED VERSION of #244 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/28/2020 (lih). (Main Document 265 replaced on 1/30/2020) (amf).
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Filing 264
REDACTED VERSION of #242 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/28/2020 (lih).
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Filing 263
REDACTED VERSION of #241 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 1/28/2020 (lih).
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Filing 262
REDACTED VERSION of #255 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 41-54, #2 Exhibit 55-78, #3 Exhibit 79-91)(Schladweiler, Benjamin) Modified on 1/28/2020 (lih).
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Filing 261
REDACTED VERSION of #254 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/28/2020 (lih).
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Filing 260
REDACTED VERSION of #250 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/28/2020 (lih).
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Filing 259
REDACTED VERSION of #249 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/28/2020 (lih).
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Filing 258
REDACTED VERSION of #248 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/28/2020 (lih).
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Filing 257
REDACTED VERSION of #247 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/28/2020 (lih).
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Filing 256
REDACTED VERSION of #246 Answering Brief in Opposition by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/28/2020 (lih).
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CORRECTING ENTRY: Replaced DI 254 with Corrected Copy per request of filer. (rwc)
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CORRECTING ENTRY: Added Exhibit 90 to DI 255 per request of filer. (rwc)
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Filing 255
[SEALED] DECLARATION of Neil N. Desai In Support of Plaintiff Minerva's Oppositions to Defendants' Motions for Summary Judgment and Motions to Exclude Expert Testimony by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 41-54, #2 Exhibit 55-61, #3 Exhibit 62-64, #4 Exhibit 65-67, #5 Exhibit 68-73, #6 Exhibit 74-78, #7 Exhibit 79-82, #8 Exhibit 83-86, #9 Exhibit 87-89, #10 Exhibit 90, #11 Exhibit 91)(Schladweiler, Benjamin) Modified on 1/22/2020 (lih). (Attachment 10 replaced on 1/22/2020) (rwc).
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Filing 254
[SEALED] ANSWERING BRIEF in Opposition re #214 MOTION for Summary Judgment of No Willful Infringement filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Schladweiler, Benjamin) Modified on 1/22/2020 (lih). (Main Document 254 replaced on 1/22/2020) (rwc).
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Filing 253
[SEALED] DECLARATION of Marc A. Cohn re #244 Answering Brief in Opposition, #243 Answering Brief in Opposition, #241 Answering Brief in Opposition, #252 Answering Brief in Opposition, #251 Answering Brief in Opposition, #242 Answering Brief in Opposition by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 110 - 130, #2 Exhibit 131 - 134, #3 Exhibit 135 Part 1, #4 Exhibit 135 Part 2, #5 Exhibit 136 Part 1, #6 Exhibit 136 Part 2, #7 Exhibit 137 Part 1, #8 Exhibit 137 Part 2, #9 Exhibit 138 Part 1, #10 Exhibit 138 Part 2, #11 Exhibit 139 Part 1, #12 Exhibit 139 Part 2, #13 Exhibit 140, #14 Exhibit 141, #15 Exhibit 142 Part 1, #16 Exhibit 142 Part 2)(Pascale, Karen) Modified on 1/22/2020 (lih).
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Filing 252
[SEALED] ANSWERING BRIEF in Opposition re #204 MOTION for Partial Summary Judgment on Hologic's Seventh Through Eleventh Affirmative Defenses and its Third Counterclaim Relating to Inventorship and Implied License filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Pascale, Karen) Modified on 1/22/2020 (lih).
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Filing 251
ANSWERING BRIEF in Opposition re #200 MOTION for Partial Summary Judgment That The Accused Product Meets Specific Claim Requirements of U.S. Patent No. 9,186,208 filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Pascale, Karen) Modified on 1/22/2020 (lih).
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Filing 250
[SEALED] ANSWERING BRIEF in Opposition re #221 MOTION to Preclude Certain Opinions and Testimony of Dr. Robert Tucker filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Schladweiler, Benjamin) Modified on 1/22/2020 (lih).
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Filing 249
[SEALED] ANSWERING BRIEF in Opposition re #217 MOTION to Preclude Certain Opinions and Testimony of Dr. Paul Briant filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Schladweiler, Benjamin) Modified on 1/22/2020 (lih).
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Filing 248
[SEALED] ANSWERING BRIEF in Opposition re #208 MOTION for Partial Summary Judgment of Invalidity filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Schladweiler, Benjamin) Modified on 1/22/2020 (lih).
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Filing 247
[SEALED] ANSWERING BRIEF in Opposition re #206 MOTION for Summary Judgment of Non-Infringement filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Schladweiler, Benjamin) Modified on 1/22/2020 (lih).
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Filing 246
[SEALED] ANSWERING BRIEF in Opposition re #219 MOTION to Preclude Certain Opinions and Testimony of Blake Inglish filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Schladweiler, Benjamin) Modified on 1/22/2020 (lih).
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Filing 245
ANSWERING BRIEF in Opposition re #211 MOTION for Summary Judgment of No Lost Profits filed by Minerva Surgical, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Schladweiler, Benjamin) Modified on 1/22/2020 (lih).
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Filing 244
[SEALED] ANSWERING BRIEF in Opposition re #196 MOTION to Preclude Certain Opinions of James E. Pampinella filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Pascale, Karen) Modified on 1/22/2020 (lih).
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Filing 243
ANSWERING BRIEF in Opposition re #198 MOTION for Partial Summary Judgment of Validity of U.S. Patent No. 9,186,208 Under Section 112, Paragraph 2 filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Pascale, Karen) Modified on 1/22/2020 (lih).
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Filing 242
[SEALED] ANSWERING BRIEF in Opposition re #210 MOTION for Partial Summary Judgment of Validity of U.S Patient No. 9,186,208 Under (1) Section 102(g) and (2) Section 102(b) filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Pascale, Karen) Modified on 1/22/2020 (lih).
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Filing 241
[SEALED] ANSWERING BRIEF in Opposition re #202 MOTION to Preclude Certain Expert Opinions of Karl R. Leinsing filed by Cytyc Surgical Products, LLC, Hologic, Inc..Reply Brief due date per Local Rules is 1/28/2020. (Pascale, Karen) Modified on 1/22/2020 (lih).
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Filing 240
REDACTED VERSION of #226 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 239
REDACTED VERSION of #225 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 238
REDACTED VERSION of #224 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 237
REDACTED VERSION of #222 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 236
REDACTED VERSION of #220 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 235
REDACTED VERSION of #218 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 234
REDACTED VERSION of #215 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 233
REDACTED VERSION of #213 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 232
REDACTED VERSION of #209 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 231
REDACTED VERSION of #207 Opening Brief in Support by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 12/30/2019 (lih).
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Filing 230
REDACTED VERSION of #216 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-18, #3 Exhibit 19-22, #4 Exhibit 23-31, #5 Exhibit 32-36, #6 Exhibit 37-40)(Schladweiler, Benjamin) Modified on 12/30/2019 (lih).
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Filing 229
REDACTED VERSION of #212 Opening Brief in Support by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 12/30/2019 (lih).
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Filing 228
REDACTED VERSION of #205 Opening Brief in Support by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 12/30/2019 (lih).
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Filing 227
REDACTED VERSION of #197 Opening Brief in Support by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 12/30/2019 (lih).
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CORRECTING ENTRY: Docket text changed per request of counsel, typo, D.I. #210 , D.I. #212 , and D.I. #216 . (sam)
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Motions No Longer Referred: #206 MOTION for Summary Judgment, #219 MOTION to Preclude, #196 MOTION to Preclude, #200 MOTION for Partial Summary Judgment, #202 MOTION to Preclude, #221 MOTION to Preclude, #210 MOTION for Partial Summary Judgment, #217 MOTION to Preclude, #211 MOTION for Summary Judgment, #214 MOTION for Summary Judgment, #204 MOTION for Partial Summary Judgment, #208 MOTION for Partial Summary Judgment, #198 MOTION for Partial Summary Judgment. (lih)
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Filing 226
[SEALED] DECLARATION of Marc A. Cohn Volume IV re #206 MOTION for Summary Judgment, #217 MOTION to Preclude, #211 MOTION for Summary Judgment, #214 MOTION for Summary Judgment, #219 MOTION to Preclude, #221 MOTION to Preclude , #208 MOTION for Partial Summary Judgment by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 61-70, #2 Exhibit 71-75, #3 Exhibit 76-80, #4 Exhibit 81-84, #5 Exhibit 85-89, #6 Exhibit 90-95, #7 Exhibit 96-100, #8 Exhibit 101-109)(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 225
[SEALED] DECLARATION of Marc A. Cohn Volume III re #206 MOTION for Summary Judgment, #219 MOTION to Preclude, #221 MOTION to Preclude, #217 MOTION to Preclude, #211 MOTION for Summary Judgment, #214 MOTION for Summary Judgment, #208 MOTION for Partial Summary Judgment by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 36-50, #2 Exhibit 51-60)(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 224
[SEALED] DECLARATION of Marc A. Cohn Volume II of IV re #206 MOTION for Summary Judgment, #217 MOTION to Preclude, #211 MOTION for Summary Judgment, #214 MOTION for Summary Judgment, #219 MOTION to Preclude, #221 MOTION to Preclude, #208 MOTION for Partial Summary Judgment by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 Exhibit 29-34, #4 Exhibit 35)(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 223
DECLARATION of Marc A. Cohn Volume I of IV re #206 MOTION for Summary Judgment, #217 MOTION to Preclude, #211 MOTION for Summary Judgment, #214 MOTION for Summary Judgment, #219 MOTION to Preclude , #221 MOTION to Preclude, #208 MOTION for Partial Summary Judgment by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-10, #3 Exhibit 11-15, #4 Exhibit 16, #5 Exhibit 17-26)(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 222
[SEALED] OPENING BRIEF in Support re #221 MOTION to Preclude Certain Opinions and Testimony of Dr. Robert Tucker filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 221
MOTION to Preclude Certain Opinions and Testimony of Dr. Robert Tucker - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 220
[SEALED] OPENING BRIEF in Support re #219 MOTION to Preclude Certain Opinions and Testimony of Blake Inglish filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 219
MOTION to Preclude Certain Opinions and Testimony of Blake Inglish - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 218
[SEALED] OPENING BRIEF in Support re #217 MOTION to Preclude Certain Opinions and Testimony of Dr. Paul Briant filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 217
MOTION to Preclude Certain Opinions and Testimony of Dr. Paul Briant - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 216
[SEALED] DECLARATION of Neil N. Desai re #196 MOTION to Preclude, #200 MOTION for Partial Summary Judgment, #202 MOTION to Preclude, #204 MOTION for Partial Summary Judgment, #210 MOTION for Partial Summary Judgment, #198 MOTION for Partial Summary Judgment by Minerva Surgical, Inc. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-18, #3 Exhibit 19-22, #4 Exhibit 23-31, #5 Exhibit 32-36, #6 Exhibit 37-40)(Schladweiler, Benjamin) Modified on 12/18/2019 (sam). Modified on 12/18/2019 (lih). Modified on 12/20/2019 (sam).
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Filing 215
[SEALED] OPENING BRIEF in Support re #214 MOTION for Summary Judgment of No Willful Infringement filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 214
MOTION for Summary Judgment of No Willful Infringement - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 213
[SEALED] OPENING BRIEF in Support re #211 MOTION for Summary Judgment of No Lost Profits filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 212
[SEALED] OPENING BRIEF in Support re #210 MOTION for Partial Summary Judgment of Validity of U.S Patent No. 9,186,208 Under (1) Section 102(g) and (2) Section 102(b) filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Schladweiler, Benjamin) Modified on 12/18/2019 (sam). Modified on 12/18/2019 (lih).
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Filing 211
MOTION for Summary Judgment of No Lost Profits - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 210
MOTION for Partial Summary Judgment of Validity of U.S Patent No. 9,186,208 Under (1) Section 102(g) and (2) Section 102(b) - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order).(Schladweiler, Benjamin) Modified on 12/18/2019 (sam). Modified on 12/18/2019 (lih).
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Filing 209
[SEALED] OPENING BRIEF in Support re #208 MOTION for Partial Summary Judgment of Invalidity filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 208
MOTION for Partial Summary Judgment of Invalidity - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 207
[SEALED] OPENING BRIEF in Support re #206 MOTION for Summary Judgment of Non-Infringement filed by Cytyc Surgical Products, LLC, Hologic, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 206
MOTION for Summary Judgment of Non-Infringement - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Text of Proposed Order).(Pascale, Karen) Modified on 12/18/2019 (lih).
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Filing 205
[SEALED] OPENING BRIEF in Support re #204 MOTION for Partial Summary Judgment on Hologic's Seventh Through Eleventh Affirmative Defenses and its Third Counterclaim Relating to Inventorship and Implied License filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 204
MOTION for Partial Summary Judgment on Hologic's Seventh Through Eleventh Affirmative Defenses and its Third Counterclaim Relating to Inventorship and Implied License - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order).(Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 203
OPENING BRIEF in Support re #202 MOTION to Preclude Certain Expert Opinions of Karl R. Leinsing filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 202
MOTION to Preclude Certain Expert Opinions of Karl R. Leinsing - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order).(Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 201
OPENING BRIEF in Support re #200 MOTION for Partial Summary Judgment That The Accused Product Meets Specific Claim Requirements of U.S. Patent No. 9,186,208 filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 200
MOTION for Partial Summary Judgment That The Accused Product Meets Specific Claim Requirements of U.S. Patent No. 9,186,208 - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order).(Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 199
OPENING BRIEF in Support re #198 MOTION for Partial Summary Judgment of Validity of U.S. Patent No. 9,186,208 Under Section 112, Paragraph 2 filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 198
MOTION for Partial Summary Judgment of Validity of U.S. Patent No. 9,186,208 Under Section 112, Paragraph 2 - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order).(Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 197
[SEALED] OPENING BRIEF in Support re #196 MOTION to Preclude Certain Opinions of James E. Pampinella filed by Minerva Surgical, Inc..Answering Brief/Response due date per Local Rules is 1/2/2020. (Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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Filing 196
MOTION to Preclude Certain Opinions of James E. Pampinella - filed by Minerva Surgical, Inc.. (Attachments: #1 Text of Proposed Order).(Schladweiler, Benjamin) Modified on 12/18/2019 (lih).
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SO ORDERED- re #195 STIPULATION TO EXTEND TIME. Set Scheduling Order Deadlines ( Expert Discovery due by 11/8/2019.) Signed by Judge Sherry R. Fallon on 11/5/2019. (lih)
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Filing 195
STIPULATION TO EXTEND TIME Close of Expert Discovery to November 8, 2019 - filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
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Filing 194
MEMORANDUM AND ORDER - The Magistrate Judge's order (D.I. #130 ) is adopted. The parties' objections (D.I. #131 and #132 ) are overruled. The Magistrate Judge's R&R is adopted in all respects. Signed by Judge Joseph F. Bataillon on 10/21/2019. (nmg)
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Filing 193
Official Transcript of Telephone Conference held on October 8, 2019 before Judge Sherry R. Fallon. Court Reporter Brian Gaffigan. To purchase transcript, e-mail: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/7/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/15/2020. (bpg)
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Filing 192
REDACTED VERSION of #188 Letter by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1-8)(Schladweiler, Benjamin) Modified on 10/16/2019 (lih).
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REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #188 . (lih)
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Filing 191
MEMORANDUM AND ORDER - IT IS ORDERED: The Magistrate Judge's oral order (D.I. #152 -2) is affirmed. The defendants' objections (D.I. #152 ) are denied. The Magistrate Judge's oral order is adopted in all respects. Signed by Judge Joseph F. Bataillon on 10/11/2019. (amf)
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ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that the discovery dispute teleconference set in this matter for today at 12:00 PM is RESCHEDULED to 12:30 PM before Judge Sherry R. Fallon. Ordered by Judge Sherry R. Fallon on 10/8/2019. (lih)
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 10/8/2019. (Court Reporter B. Gaffigan.) (lih)
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ORAL ORDER- re #184 Joint MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the 10/8/2019 discovery dispute teleconference shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 10/8/2019. (lih)
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Filing 190
NOTICE OF SERVICE of Reply Report of Blake Inglish, Supplemental Expert Report of Dr. Robert Tucker, M.D., Ph.D., and the Expert Reply Report of Dr. Paul L. Briant Regarding Infringement of U.S. Patent No. 9,186,208 filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 189
NOTICE OF SERVICE of Reply Expert Report of Karl R. Leinsing, MSME, PE, Regarding Invalidity of U.S. Patent No. 9,186,208 filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 188
[SEALED] Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding #185 Letter. (Attachments: #1 Exhibit 1-8)(Schladweiler, Benjamin) Modified on 10/7/2019 (lih).
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Filing 187
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Rebuttal Fact Witness List filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 186
NOTICE OF SERVICE of Defendants Hologic, Inc. and Cytyc Surgical Products, LLC's List of Rebuttal Fact Witnesses to Be Called at Trial filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 185
Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Discovery Dispute. (Attachments: #1 Exhibit 1 - 5)(Pascale, Karen) Modified on 10/4/2019 (lih).
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SO ORDERED- re #184 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 10/8/2019 at 12:00 PM before Judge Sherry R. Fallon. Counsel for Hologic shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by 12:00 PM on 10/2/2019, Responsive submissions due by 12:00 PM on 10/4/2019.) Signed by Judge Sherry R. Fallon on 10/1/2019. (lih)
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Filing 184
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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Filing 183
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Fact Witness List filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 182
NOTICE OF SERVICE of Defendants Hologic, Inc. and Cytyc Surgical Products, LLC's List of Fact Witnesses to Be Called at Trial filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 181
NOTICE OF SERVICE of Expert Invalidity Rebuttal Report of Dr. Paul L. Briant Regarding U.S. Patent No. 9,186,208 filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 180
NOTICE OF SERVICE of Expert Report of William Jamieson, MD; Expert Report of James E. Pampinella [HIGHLY CONFIDENTIAL]; and Rebuttal Expert Report of Karl R. Leinsing, MSME, PE, Regarding Non-Infringement of U.S. Patent No. 9,186,208 [HIGHLY CONFIDENTIAL] filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 179
NOTICE to Take Deposition of Edward Evantash on September 12, 2019 filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 178
NOTICE OF SERVICE of Defendants Hologic, Inc. and Cytyc Surgical Products, LLC's Third Supplemental Objections & Responses to Plaintiff Minerva Surgical Inc.'s First Set of Interrogatories (Nos. 1, 3-6, 8, 12-13) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 177
NOTICE OF SERVICE of (1) Plaintiff Minerva Surgical, Inc.'s Objections to Defendants Hologic, Inc.'s and Cytyc Surgical Products, LLC's Amended Notice of Deposition of Csaba Truckai and (2) Plaintiff Minerva Surgical, Inc.'s Objections and Responses to Defendants' Hologic, Inc. and Cytyc Surgical Products, LLC's Second Notice of 30(b)(6) Deposition filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 176
REDACTED VERSION of #170 Letter by Minerva Surgical, Inc.. (Attachments: #1 Exhibit A-D)(Schladweiler, Benjamin) Modified on 8/20/2019 (lih).
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REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #170 . (lih)
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Filing 175
REDACTED VERSION of #169 Letter by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen) Modified on 8/16/2019 (lih).
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Filing 174
REDACTED VERSION of #167 Letter by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 23)(Pascale, Karen) Modified on 8/16/2019 (lih).
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Oral Order: The court having reviewed in camera the cover email produced by Minerva following the August 13, 2019 discovery dispute teleconference, IT IS HEREBY ORDERED that Minerva shall produce an unredacted version of the cover email to Hologic by close of business today. Ordered by Judge Sherry R. Fallon on 8/16/2019. (lih)
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REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #167 . (lih)
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Filing 173
Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding documents for in camera review. (Schladweiler, Benjamin)
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Filing 172
Second NOTICE of 30(b)(6) Deposition of Plaintiff Minerva Surgical, Inc. by Cytyc Surgical Products, LLC, Hologic, Inc. (Pascale, Karen)
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Filing 171
NOTICE to Take Deposition of (AMENDED) Csaba Truckai on August 28, 2019, beginning at 9:00 a.m. filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 8/13/2019. (Court Reporter S. Vickers (Hawkins Reporting).) (lih)
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Oral Order: For the reasons stated on the record during the August 13, 2019 discovery dispute teleconference, (1) Hologics request for a supplemental Rule 30(b)(6) deposition of Akos Toth on Topic 2 is DENIED without prejudice; (2) Hologics request for a deposition of Csaba Truckai is GRANTED-IN-PART. Hologic shall be permitted to take a deposition limited to no more than four hours on the topics generated by the newly-produced documents. Hologic shall submit a notice of deposition outlining the proposed deposition topics by close of business today; (3) Hologics request for a supplemental Rule 30(b)(6) deposition of Dave Clapper on Topics 6-8, 10-11, and 16 is GRANTED-IN-PART. Hologic shall be permitted to take a deposition limited to no more than three hours on the topics generated by the newly-produced documents. Hologic shall submit a notice of deposition outlining the proposed deposition topics by close of business today; (4) Hologics request for the production of the attachments at D.I. #167 , Exs. 22-23 with original metadata is GRANTED, and shall be produced on or before August 16, 2019. Minerva shall produce an unredacted version of the cover email to the court for in camera review, along with a privilege log entry for the cover email to be produced to Hologic on or before August 16, 2019. Hologics motion to compel the production of Q1 and Q2 updated financials is GRANTED; (5) Minervas motion to compel the production of FDA and product efficacy-related documents in accordance with the courts May 20, 2019 order is DENIED pending the issuance of a ruling by the District Judge on the pending objections. The deposition of Edward Evantash shall proceed on all other topics; and (6) The parties shall meet and confer regarding any necessary modifications to the scheduling order. Signed by Judge Sherry R. Fallon on 8/13/2019. (lih)
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Filing 170
[SEALED] Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding Minerva's Response to Defendant's Motion to Compel or Preclude - re #169 Letter. (Attachments: #1 Exhibit A-D)(Schladweiler, Benjamin)
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Filing 169
[SEALED] Letter to The Honorable Sherry R. Fallon from Karen L. Pascale re #168 Letter. (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen) Modified on 8/9/2019 (lih).
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Filing 168
Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding Disputes with Hologic Concerning Fact Discovery. (Attachments: #1 Exhibit 1-4)(Schladweiler, Benjamin)
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Filing 167
[SEALED] Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding discovery dispute. (Attachments: #1 Exhibit 1 - 4, #2 Exhibit 5 - 11, #3 Exhibit 12 - 16, #4 Exhibit 17 - 18, #5 Exhibit 19-23)(Pascale, Karen) Modified on 8/8/2019 (lih).
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NOTICE: Per Magistrate Judge Fallon's Discovery Dispute Procedures, which states that two (2) courtesy copies of the discovery dispute submission shall be delivered within one hour of filing, please submit to the Clerk's Office two copies of D.I. #168 by no later than 9:00 AM on 8/9/2019. (lih)
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Filing 166
NOTICE OF SERVICE of Expert Report of Karl R. Leinsing, MSME, PE, Regarding Invalidity of U.S. Patent No. 9,186,208 filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 165
NOTICE OF SERVICE of (1) Expert Report of Dr. Paul L. Briant Regarding Infringement of U.S. Patent No. 8,186,208, (2) Expert Report of Blake Inglish, and (3) Opening Expert Report of Dr. Robert Tucker, M.D., Ph.D. filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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SO ORDERED- re #163 Joint MOTION for Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 8/13/2019 at 10:00 AM before Judge Sherry R. Fallon. Plaintiff shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: Moving submission due by no later than 10:00 AM on 8/8/2019; Responsive submission due by no later than 10:00 AM on 8/9/2019.) Signed by Judge Sherry R. Fallon on 8/5/2019. (lih)
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Filing 164
NOTICE OF SERVICE of Rule 26(a)(2)(C) Disclosure - Dr. Eugene Skalnyi filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 163
Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin) Modified on 8/5/2019 (lih).
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Filing 162
NOTICE OF SERVICE of Defendants Hologic, Inc. and Cytyc Surgical Products, LLC's Second Supplemental Objections and Responses to Plaintiff Minerva Surgical Inc.'s Second Set of Interrogatories (No. 15) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 161
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Third Amended Disclosure of Asserted Claims and Infringement Contentions filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 160
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Second Amended Disclosure of Asserted Claims and Infringement Contentions filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 159
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Objections to Defendants Hologic, Inc.'s and Cytyc Surgical Products, LLC's Notice of Deposition of Csaba Truckai re #158 Notice to Take Deposition filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 158
NOTICE to Take Deposition of Csaba Truckai on July 25, 2019 at 9:00 a.m. filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 157
NOTICE OF SERVICE of Second Supplemental Responses to Hologic's First Set of Interrogatories (No. 10) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 156
RESPONSE TO OBJECTIONS by Minerva Surgical, Inc. re #152 Objections. (Schladweiler, Benjamin) Modified on 6/18/2019 (lih).
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SO ORDERED- re #155 Stipulation to extend discovery deadlines. Set Scheduling Order Deadlines: ( Opening Expert Reports due by 8/2/2019., Rebuttal Expert Reports due by 9/6/2019., Expert Discovery due by 11/1/2019.) Signed by Judge Sherry R. Fallon on 6/17/2019. (lih)
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Filing 155
Stipulation to extend discovery deadlines by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 6/17/2019 (lih).
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Filing 154
NOTICE OF SERVICE of Defendants Hologic, Inc.'s and Cytyc Surgical Products, LLC's Supplemental Objections and Responses to Plaintiff Minerva Surgical Inc.'s Third Set of Interrogatories (Nos. 16-17) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 153
NOTICE OF SERVICE of Objections of Non-Party Thomas Kochem to Plaintiff Minerva Surgical, Inc.'s Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action; and Objections of Non-Party Paul Lindenfelzer to Plaintiff Minerva Surgical, Inc.'s Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 152
OBJECTIONS by Cytyc Surgical Products, LLC, Hologic, Inc. to May 20, 2019 Oral Order Denying Defendants' Motion for Protective Order. (Attachments: #1 Certificate of Compliance, #2 Exhibit 1 - 5)(Pascale, Karen) Modified on 6/4/2019 (lih).
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Pro Hac Vice Attorney William Young, Jr for Cytyc Surgical Products, LLC and Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
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Filing 151
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Supplemental Responses to Hologic's First Set of Interrogatories (Nos.1-12) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 150
NOTICE OF SERVICE of Defendants Hologic, Inc.'s and Cytyc Surgical Products, LLC's Supplemental Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 149
NOTICE OF SERVICE of 1) Defendants Hologic, Inc.s and Cytyc Surgical Products, LLCs Supplemental Objections and Responses to Plaintiff Minerva Surgical Inc.s First Set of Interrogatories (Nos. 1-13); and 2)Defendants Hologic, Inc.s and Cytyc Surgical Products, LLCs Supplemental Objections and Responses to Plaintiff Minerva Surgical Inc.s Second Set of Interrogatories (Nos. 14-15) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 148
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Objections and Responses to Defendants' Notice of 30(b)(6) Deposition filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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ORAL ORDER- re #144 Joint MOTION for Conference to Resolve Discovery Disputes. The transcript of the teleconference held on 5/20/2019 shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 5/20/2019. (lih)
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 5/20/2019. (Court Reporter S. Ingram (Hawkins Reporting).) (lih)
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Filing 147
NOTICE OF SERVICE of Defendants Hologic, Inc.'s and Cytyc Surgical Products LLC's Objections and Responses to Plaintiff Minerva Surgical Inc.'s Third Set of Interrogatories (Nos. 16-19); and Defendants Hologic, Inc.'s and Cytyc Surgical Products LLC's Objections and Responses to Plaintiff Minerva Surgical Inc.'s Second Set of Requests for Production (Nos. 22-30) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 146
Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding - re #145 Letter. (Attachments: #1 Exhibit 1-2)(Schladweiler, Benjamin) Modified on 5/17/2019 (lih).
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Filing 145
Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Discovery Dispute Letter . (Attachments: #1 Exhibit 1 - 6)(Pascale, Karen) Modified on 5/16/2019 (lih).
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Filing 144
Joint MOTION for Conference to Resolve Discovery Disputes - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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CORRECTING ENTRY: Docket clerk has deleted the discovery dispute letter per the instructions given to counsel this morning. (lih)
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SO ORDERED- re #144 Joint MOTION for Conference to Resolve Discovery Disputes. A Telephone Conference is set for 5/20/2019 at 03:00 PM before Judge Sherry R. Fallon. Defendants shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: Responsive submission due by no later than 1:00 PM on 5/17/2019.) Signed by Judge Sherry R. Fallon on 5/16/2019. (lih)
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SO ORDERED- re #142 MOTION for Pro Hac Vice Appearance of Attorney William Young, Jr.. Signed by Judge Sherry R. Fallon on 5/14/2019. (lih)
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Filing 143
NOTICE OF SERVICE of Defendants' Objections and Responses to Minerva Surgical Inc.'s Notice of Rule 30(b)(6) Deposition filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 142
MOTION for Pro Hac Vice Appearance of Attorney William Young, Jr. - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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Pro Hac Vice Attorney Assad Rajani for Cytyc Surgical Products, LLC, for Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
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SO ORDERED- re #141 MOTION for Pro Hac Vice Appearance of Attorney Assad Rajani. Signed by Judge Sherry R. Fallon on 5/2/2019. (lih)
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Filing 141
MOTION for Pro Hac Vice Appearance of Attorney Assad Rajani - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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CORRECTING ENTRY: Date in docket text of D.I. 137 changed per counsel. (ddp)
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Filing 140
NOTICE of 30(b)(6) Deposition of Plaintiff Minerva Surgical, Inc. by Cytyc Surgical Products, LLC, Hologic, Inc. (Pascale, Karen)
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Filing 139
NOTICE to Take Deposition of Edward Evantash on May 22, 2019 filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 138
NOTICE to Take Deposition of Shanna Deng on May 20, 2019 filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 137
NOTICE to Take Deposition of Paul MacNeill on May 21, 2019 filed by Minerva Surgical, Inc..(Schladweiler, Benjamin) Modified on 5/1/2019 (ddp).
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Filing 136
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Notice of Rule 30(b)(6) Deposition to Defendants Hologic, Inc. and Cytyc Surgical Products LLC filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 135
RESPONSE TO OBJECTIONS by Minerva Surgical, Inc. re #131 OBJECTIONS. (Schladweiler, Benjamin) Modified on 4/24/2019 (lih).
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Filing 134
RESPONSE TO OBJECTIONS by Cytyc Surgical Products, LLC, Hologic, Inc. re #132 OBJECTIONS . (Pascale, Karen) Modified on 4/24/2019 (lih).
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Filing 133
NOTICE OF SERVICE of (1) Plaintiff Minerva Surgical, Inc.'s Second Set of Requests for Production (Nos. 22-30) and (2) Plaintiff Minerva Surgical, Inc.'s Third Set of Interrogatories (Nos. 16-19) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 132
OBJECTIONS by Minerva Surgical, Inc. to #130 REPORT AND RECOMMENDATIONS. (Schladweiler, Benjamin) Modified on 4/10/2019 (lih). Modified on 4/10/2019 (lih).
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Filing 131
OBJECTIONS by Cytyc Surgical Products, LLC, Hologic, Inc. to #130 REPORT AND RECOMMENDATIONS. (Kraman, Pilar) Modified on 4/10/2019 (lih). Modified on 4/10/2019 (lih).
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Telephone Conference held on 3/26/2019. (Court Reporter S. Ingram (Hawkins Reporting).) (lih)
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Filing 130
REPORT AND RECOMMENDATIONS. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 4/9/2019. Signed by Judge Sherry R. Fallon on 3/26/2019. (nmg)
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Filing 129
Interim STATUS REPORT by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
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ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that: the status conference previously set in this matter for 3/27/2019 is RESCHEDULED to 3/26/2019 at 03:30 PM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 3/8/2019. (lih)
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SO ORDERED- re #128 Joint STIPULATION to Amend Scheduling Order. Set SCHEDULING ORDER deadlines: ( Fact Discovery completed by 5/22/2019., Opening Expert Reports due by 6/26/2019., Rebuttal Expert Reports due by 7/31/2019., Expert Discovery due by 9/19/2019., A Status Conference is set for 3/27/2019 at 03:00 PM before Judge Sherry R. Fallon, Status Report due by 3/22/2019., Dispositive Motions due by 12/17/2019., Answering Brief due 1/21/2020., Reply Brief due 2/11/2020.) (PLEASE REFER TO STIPULATION FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 1/25/2019. (lih)
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Filing 128
Joint STIPULATION to Amend Scheduling Order by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 1/25/2019 (lih).
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Markman Hearing held on 1/23/2019. (Court Reporter S. Ingram (Hawkins Reporting).) (lih)
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Filing 127
MOTION for Pro Hac Vice Appearance of Attorney William Z. Louden - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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SO ORDERED- re #127 MOTION for Pro Hac Vice Appearance of Attorney William Z. Louden. Signed by Judge Sherry R. Fallon on 1/22/2019. (lih)
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Filing 126
REDACTED VERSION of #120 Declaration by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 8-11 (RIE))(Schladweiler, Benjamin) Modified on 12/27/2018 (lih).
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ORAL ORDER- re #125 Letter. IT IS HEREBY ORDERED that: counsel shall collectively have two hours to present argument during the markman hearing set for 1/23/2019 at 10:00 AM. Ordered by Judge Sherry R. Fallon on 12/27/2018. (lih)
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Remark - The filing at D.I. #120 has been placed under seal per the request of the filer. The pdf file has been replaced with a corrected version of the document per the request of the filer. (Polito, Rebecca)
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Filing 125
Letter to The Honorable Sherry F. Fallon from Benjamin J. Schladweiler regarding upcoming Markman hearing. (Schladweiler, Benjamin)
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Filing 124
STATEMENT re 112 Technology Tutorial by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit A)(Pascale, Karen) Modified on 12/27/2018 (lih).
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Filing 123
OBJECTIONS by Minerva Surgical, Inc. to 113 Technology Tutorial. (Schladweiler, Benjamin) Modified on 12/27/2018 (lih).
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Filing 122
DECLARATION of Ryan Casamiquela re #121 Claim Construction Answering Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1)(Pascale, Karen) Modified on 12/27/2018 (lih).
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Filing 121
CLAIM CONSTRUCTION ANSWERING BRIEF re #106 Claim Construction Opening Brief filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 120
[SEALED] DECLARATION OF Neil N. Desai re #118 Claim Construction Answering Brief by Minerva Surgical, Inc.. (Attachments: #1 Exhibits 8-11)(Schladweiler, Benjamin)
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Filing 119
DECLARATION Paul L. Briant, Ph.D re #118 Claim Construction Answering Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 12/27/2018 (lih).
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Filing 118
CLAIM CONSTRUCTION ANSWERING BRIEF filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
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Filing 117
NOTICE OF SERVICE of Defendants Hologic, Inc. and Cytyc Surgical Products, LLCs Supplemental Objections and Responses to Plaintiff Minerva Surgical Inc.s First Set of Interrogatories (No. 1) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 116
NOTICE OF SERVICE of Defendants Hologic, Inc. and Cytyc Surgical Products, LLC's Responses to Plaintiff Minerva Surgical Inc.'s Second Set of Interrogatories (Nos. 14-15) filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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Filing 115
REDACTED VERSION of #111 Declaration by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1-13)(Pascale, Karen)
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Filing 114
REDACTED VERSION of #109 Claim Construction Opening Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 113
MULTI MEDIA DOCUMENT filed by Cytyc Surgical Products, LLC, Hologic, Inc. in the form of a CD Rom. Filing related to #104 Letter. (Media on file in Clerk's Office). (lih)
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Filing 112
MULTI MEDIA DOCUMENT filed by Minerva Surgical, Inc. in the form of a CD Rom. Filing related to #105 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (lih)
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NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #111 . (lih)
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NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #107 and #108 . Counsel is also advised that all courtesy copies submitted to the court should either have the D.I. number of the document written in the upper right hand corner or a copy of the NEF attached. (lih)
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NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #110 . (lih)
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Filing 111
[SEALED] DECLARATION of Ryan Casamiquela re #109 Claim Construction Opening Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 - 13)(Pascale, Karen) Modified on 11/15/2018 (lih).
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Filing 110
DECLARATION of Karl R. Leinsing re #109 Claim Construction Opening Brief by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen) Modified on 11/15/2018 (lih).
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Filing 109
[SEALED] CLAIM CONSTRUCTION OPENING BRIEF filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Pascale, Karen)
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Filing 108
DECLARATION of Neil N. Desai re #106 Claim Construction Opening Brief by Minerva Surgical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Schladweiler, Benjamin) Modified on 11/15/2018 (lih).
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Filing 107
DECLARATION of Paul L. Briant, Ph.D. re #106 Claim Construction Opening Brief by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 11/15/2018 (lih).
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Filing 106
CLAIM CONSTRUCTION OPENING BRIEF filed by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
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Filing 105
NOTICE of filing the following Non-Paper material(s) in multi media format: Plaintiff Minerva Surgical, Inc.'s Notice of Filing of Multi-Media Materials (disc format). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Benjamin J. Schladweiler on behalf of Minerva Surgical, Inc. (Schladweiler, Benjamin)
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Filing 104
Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding Defendants' sealed technology tutorial. (Pascale, Karen)
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ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that: the markman hearing set in this matter for 1/10/2019 is RESCHEDULED to 1/23/2019 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Ordered by Judge Sherry R. Fallon on 11/7/2018. (lih)
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Filing 103
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Second Set of Interrogatories (Nos. 14-15) filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #102 . (lih)
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Filing 102
CLAIM Construction Chart by Minerva Surgical, Inc.. (Schladweiler, Benjamin)
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Filing 101
NOTICE OF SERVICE of Plaintiff Minerva Surgical, Inc.'s Identification of Claim Terms for Construction and Proposed Constructions filed by Minerva Surgical, Inc..(Schladweiler, Benjamin)
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Filing 100
NOTICE OF SERVICE of Defendants Hologic, Inc. and Cytyc Surgical Products, LLC's Claim Terms for Construction and Proposed Constructions filed by Cytyc Surgical Products, LLC, Hologic, Inc..(Pascale, Karen)
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SO ORDERED- re #99 Stipulated Protective Order. Signed by Judge Sherry R. Fallon on 4/18/2018. (lih)
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Filing 99
Stipulated Protective Order by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 4/17/2018 (lih).
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Filing 98
SCHEDULING ORDER: Discovery due by 8/9/2019. A Status Conference is set for 1/30/2019 at 02:00 PM before Judge Sherry R. Fallon Status Report due by 1/25/2019. Tutorial on the technology due by 11/14/2018. Dispositive Motions due by 12/6/2019. Answering Brief due 1/10/2020. Reply Brief due 1/31/2020. Claim Construction Opening Brief due by 11/14/2018. Claim Construction Answering Brief due by 12/20/2018. A Markman Hearing is set for 1/10/2019 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Proposed Pretrial Order due by 5/15/2020. A Pretrial Conference is set for 6/10/2020 at 10:00 AM before Judge Sherry R. Fallon. A Jury Trial is set for 7/20/2020 at 09:30 AM before Judge Joseph F. Bataillon. (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 4/9/2018. (lih)
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Scheduling Conference held on 4/9/2018. (Court Reporter D. Hawkins (Hawkins Reporting).) (lih)
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CASE REFERRED to Magistrate Judge Fallon for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (lih)
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Filing 97
Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding Proposed Scheduling Order - re #96 Proposed Order. (Schladweiler, Benjamin)
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Filing 96
PROPOSED Scheduling Order by Minerva Surgical, Inc.. (Schladweiler, Benjamin) Modified on 4/3/2018 (lih).
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Pro Hac Vice Attorney Masanori (Marty) Koresawa for Cytyc Surgical Products, LLC,and for Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
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Filing 95
MOTION for Pro Hac Vice Appearance of Attorney Masanori (Marty) Koresawa - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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SO ORDERED- re #95 MOTION for Pro Hac Vice Appearance of Attorney Masanori (Marty) Koresawa. Signed by Judge Sherry R. Fallon on 3/20/2018. (lih)
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Pro Hac Vice Attorney Ryan J. Casamiquela for Cytyc Surgical Products, LLC, Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
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Pro Hac Vice Attorney Marc A. Cohn for Cytyc Surgical Products, LLC, Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
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Pro Hac Vice Attorney Matthew M. Wolf for Cytyc Surgical Products, LLC, and for Hologic, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
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SO ORDERED- re #94 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, Attorney Marc A. Cohn, and Attorney Ryan Casamiquela. Signed by Judge Sherry R. Fallon on 3/12/2018. (lih)
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Filing 94
MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, Attorney Marc A. Cohn, and Attorney Ryan Casamiquela - filed by Cytyc Surgical Products, LLC, Hologic, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen)
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Pro Hac Vice Attorney Christopher D. Mays for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
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Filing 93
NOTICE of Appearance by Karen L. Pascale on behalf of Cytyc Surgical Products, LLC, Hologic, Inc. (Pascale, Karen)
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ORAL ORDER- Pursuant to the unopposed email request of counsel for the plaintiff, IT IS HEREBY ORDERED that: the rule 16 scheduling conference previously set in this matter for 3/28/2018 is RESCHEDULED to 4/9/2018 02:00 PM in Courtroom 6C before Judge Sherry R. Fallon. The parties are required to prepare for the conference by conferring on all matters under Rule 16 and D. Del. LR 16 and shall submit a proposed Scheduling Order to the Court no later than 4/4/2018. IT IS FURTHER ORDERED that: the unopposed request for telephone participation of co-counsel for the plaintiff is granted. Ordered by Judge Sherry R. Fallon on 3/8/2018. (lih)
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Pro Hac Vice Attorney Vera M. Elson for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
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Pro Hac Vice Attorney Edward G. Poplawski for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
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Oral Order Setting Rule 16 Scheduling Conference: IT IS HEREBY ORDERED that: (1) a Scheduling Conference pursuant to Fed. R. Civ. P. 16(b) is set for 3/28/2018 at 2:00 PM in Courtroom 6C before Judge Sherry R. Fallon. (2) The parties are required to prepare for the conference by conferring on all matters under Rule 16 and D. Del. LR 16 and shall submit a proposed Scheduling Order to the Court no later than 3/23/2018. The Court's form of scheduling order is posted at http://www.ded.uscourts.gov (see Chambers, Judge Fallon, Forms). If the parties have any suggestions or modifications to the standard Scheduling Order, they may be included in the proposed order for consideration by the Court. (3) If any disputed issue exists regarding the proposed Scheduling Order, it shall be noted therein, along with the parties proposed language on the issue for consideration by the Court. Ordered by Judge Sherry R. Fallon on 3/2/2018. (lih)
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Pro Hac Vice Attorney Olivia M. Kim for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
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Pro Hac Vice Attorney Neil N. Desai for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
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Pro Hac Vice Attorney Dale R. Bish for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
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Pro Hac Vice Attorney Erik J. Carlson for Minerva Surgical, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
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Filing 92
Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding D. Del. LR 81.2 Statement. (Schladweiler, Benjamin)
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Filing 91
MOTION for Pro Hac Vice Appearance of Attorney Vera M. Elson, Dale R. Bish, Christopher D. Mays, Edward G. Poplawski, Olivia M. Kim, Erik J. Carlson and Neil N. Desai - filed by Minerva Surgical, Inc.. Motions referred to Sherry R. Fallon.(Schladweiler, Benjamin)
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Filing 90
NOTICE of Appearance by Benjamin J. Schladweiler on behalf of Minerva Surgical, Inc. (Schladweiler, Benjamin)
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SO ORDERED- re #91 MOTION for Pro Hac Vice Appearance of Attorney Vera M. Elson, Dale R. Bish, Christopher D. Mays, Edward G. Poplawski, Olivia M. Kim, Erik J. Carlson and Neil N. Desai. Signed by Judge Sherry R. Fallon on 2/28/2018. (lih)
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Filing 89
ORAL ORDER - Pursuant to the filing of this case, the Court issues the following order: This case shall be immediately referred to Magistrate Judge Sherry R. Fallon. Magistrate Judge Fallon shall issue a scheduling order when appropriate. Magistrate Judge Fallon shall handle all dispositive and nondispositive matters on all issues, including claim construction, except for summary judgments, Daubert motions and pretrial motions in limine. On all dispositive matters, the magistrate judge shall issue a report and recommendation. The parties have the right to file objections to the report and recommendation, or in the case of nondispositive matters, file an appeal of the magistrate judge's order, and the same shall be decided by the undersigned. The magistrate judge shall likewise handle all discovery matters, scheduling, and pretrial conferences. If the parties believe the magistrate judge has a conflict of interest with this case, the parties shall so notify the Court. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 2/14/2018. (Lawrence, Tiwauna)
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Case Assigned to Judge Joseph F. Bataillon of the District of Nebraska (in lieu of Vacant Judgeship). Please include the initials of the Judge (JFB) after the case number on all documents filed. (nms)
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CASE REFERRED to Magistrate Judge Sherry R. Fallon. (nms)
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Filing 88
Local Counsel Letter sent. Notice of Compliance deadline set for 3/12/2018. (fms)
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Filing 87
Record of case transferred in from District of California Northern; Case Number in Other District: 3:17-cv-02013. Copy of Docket Sheet and original file
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Filing 86
ORDER. At the parties' joint request, Dkt. No. #85 , this action is transferred to the District of Delaware. (jdlc3S, COURT STAFF) (Filed on 2/2/2018) (hdjS, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 85
STIPULATION WITH PROPOSED ORDER Joint Stipulation to Transfer Case to the District of Delaware filed by Minerva Surgical, Inc.. (Elson, Vera) (Filed on 1/31/2018) [Transferred from California Northern on 2/7/2018.]
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Filing 84
CLAIM CONSTRUCTION STATEMENT Joint Claim Construction and Prehearing Statement filed by Minerva Surgical, Inc.. (Attachments: #1 Appendix A, #2 Appendix B)(Desai, Neil) (Filed on 1/19/2018) [Transferred from California Northern on 2/7/2018.]
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Filing 83
ORDER. The parties are directed to file a joint statement identifying the extent to which this action and the Delaware action overlap, including on issues of discovery, damages, and substantive patent claims. The statement is due by 2/7/2018. Signed by Judge James Donato on 1/17/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 1/17/2018) [Transferred from California Northern on 2/7/2018.]
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Filing 82
ORDER by Judge James Donato granting #17 Motion for Pro Hac Vice as to Marc A. Cohn. (lrcS, COURT STAFF) (Filed on 1/10/2018) [Transferred from California Northern on 2/7/2018.]
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Filing 81
ORDER by Judge James Donato granting #18 Motion for Pro Hac Vice as to Matthew M. Wolf. (lrcS, COURT STAFF) (Filed on 1/10/2018) [Transferred from California Northern on 2/7/2018.]
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Filing 80
ORDER re #35 Motion for Preliminary Injunction filed by Minerva Surgical, Inc. Signed by Judge James Donato on 1/5/2018. (jdlc3S, COURT STAFF) (Filed on 1/5/2018) [Transferred from California Northern on 2/7/2018.]
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Filing 79
Transcript of Proceedings held on 12/14/2017, before Judge James Donato. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #77 Transcript Order, #76 Transcript Order ) Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/27/2018. (Related documents(s) #77 , #76 ) (zinnlr62S, COURT STAFF) (Filed on 12/27/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 78
Sur-Reply (re #35 MOTION for Preliminary Injunction [Redacted]) filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Declaration of Ryan J. Casamiquela, #2 Exhibit 1 to Casamiquela Declaration)(Casamiquela, Ryan) (Filed on 12/22/2017) Modified on 12/26/2017 (gbaS, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 77
TRANSCRIPT ORDER for proceedings held on 12/14/2017 before Judge James Donato by Minerva Surgical, Inc., for Court Reporter Lydia Zinn. (Kim, Olivia) (Filed on 12/20/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 76
TRANSCRIPT ORDER for proceedings held on 12/14/2017 before Judge James Donato by Cytyc Surgical Products, LLC, Hologic, Inc., for Court Reporter Lydia Zinn. (Casamiquela, Ryan) (Filed on 12/20/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 75
NOTICE by Minerva Surgical, Inc. re 74 Order on Motion to Amend/Correct, Plaintiff Minerva Surgical, Inc.'s First Amended Disclosure of Asserted Claims and Infringement Contentions (Desai, Neil) (Filed on 12/19/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 74
Order granting #71 Motion to Amend/Correct entered by Judge James Donato. In light of the parties' agreement, the request to amend the infringement contentions is granted. Minerva should file the amended contentions as a new docket entry. (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 2/7/2018.]
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Filing 73
Minute Entry for proceedings held before Judge James Donato: Hearing held on 12/14/2017 for preliminary injunction motion, Dkt. No. #35 . Hologic's supplemental briefing due by 12/22/2017. Total Time in Court: 1:07. Court Reporter: Lydia Zinn. (jdlc3S, COURT STAFF) (Date Filed: 12/18/2017) [Transferred from California Northern on 2/7/2018.]
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***ENTERED IN ERROR. DISREGARD AND SEE DOCKET NUMBER 73*** Minute Entry for proceedings held before Judge James Donato. Hologic's supplementary briefing due by 12/22/2017. Total Time in Court: 1:07. Court Reporter: Lydia Zinn. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Date Filed: 12/18/2017) Modified on 12/18/2017 to reflect error (jdlc3S, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 72
Minute Entry for proceedings held before Judge James Donato: Telephone Conference re discovery dispute, Dkt. Nos. #63 , #65 , held on 12/1/2017. (jdlc1S, COURT STAFF) (Date Filed: 12/5/2017) Modified on 12/5/2017 (jdlc1S, COURT STAFF). (Additional attachment(s) added on 12/5/2017: # 1 Exhibit Minutes) (jdlc1S, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 71
MOTION to Amend/Correct Minerva's Unopposed Notice of Motion and Motion Seeking Leave to Amend Infringement Contentions filed by Minerva Surgical, Inc.. Responses due by 12/14/2017. Replies due by 12/21/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Desai, Neil) (Filed on 11/30/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 70
ORDER The Court sets a phone call to discuss the discovery dispute, Dkt. Nos. 63, 65, on Friday, December 1, 2017 at 10:00 a.m. The parties are directed to contact CourtCall at 866-582-6878 by noon on Wednesday, November 29, 2017 to schedule their appearances. Signed by Judge James Donato on 11/28/17. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/28/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 69
EXHIBITS re #66 Administrative Motion to File Under Seal - Declaration of Ryan J. Casamiquela in Support of Plaintiff's Administrative Motion to File Documents Under Seal filed byCytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Version of Reply Brief, #3 Sealed Version of Reply Brief, #4 Redacted Version of Briant Declaration, #5 Sealed Version of Briant Declaration)(Related document(s) #66 ) (Casamiquela, Ryan) (Filed on 11/13/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 68
CERTIFICATE OF SERVICE by Minerva Surgical, Inc. re #67 Reply to Opposition/Response,,, #66 Administrative Motion to File Under Seal (Elson, Vera) (Filed on 11/9/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 67
REPLY (re #35 MOTION for Preliminary Injunction [Redacted], #66 Administrative Motion to File Under Seal ) filed byMinerva Surgical, Inc.. (Attachments: #1 Appendix A to Minerva's Reply [Filed Under Seal], #2 Declaration of Dr. John A. Pearce (Second) [REDACTED], #3 Declaration of Dr. Paul L. Briant [REDACTED], #4 Declaration of Neil N. Desai (Supplemental), #5 Exhibit 24 to Suppl. Desai Decl., #6 Exhibit 25 to Suppl. Desai Decl. [Filed Under Seal], #7 Exhibit 26 to Suppl. Desai Decl., #8 Exhibit 27-28 to Suppl. Desai Decl. [Filed Under Seal], #9 Exhibit 29 to Suppl. Desai Decl., #10 Exhibit 30-39 to Suppl. Desai Decl. [Filed Under Seal], #11 Exhibit 40 to Suppl. Desai Decl., #12 Exhibit 41 to Suppl. Desai Decl. [Filed Under Seal])(Elson, Vera) (Filed on 11/9/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 66
Administrative Motion to File Under Seal filed by Minerva Surgical, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Neil N. Desai, #3 Minerva's Reply In Support of Motion for Preliminary Injunction [REDACTED], #4 Minerva's Reply In Support of Motion for Preliminary Injunction [SEALED], #5 Appendix A to Minerva's Reply [SEALED], #6 Declaration of Dr. John A. Pearce (Second) [REDACTED], #7 Declaration of Dr. John A. Pearce (Second) [SEALED], #8 Declaration of Dr. Paul L. Briant [REDACTED], #9 Declaration of Dr. Paul L. Briant [SEALED], #10 Exhibit 25 to Suppl. Desai Decl. [SEALED], #11 Exhibit 27 to Suppl. Desai Decl. [SEALED], #12 Exhibit 28 to Suppl. Desai Decl. [SEALED], #13 Exhibit 30 to Suppl. Desai Decl. [SEALED], #14 Exhibit 31 to Suppl. Desai Decl. [SEALED], #15 Exhibit 32 to Suppl. Desai Decl. [SEALED], #16 Exhibit 33 to Suppl. Desai Decl. [SEALED], #17 Exhibit 34 to Suppl. Desai Decl. [SEALED], #18 Exhibit 35 to Suppl. Desai Decl. [SEALED], #19 Exhibit 36 to Suppl. Desai Decl. [SEALED], #20 Exhibit 37 to Suppl. Desai Decl. [SEALED], #21 Exhibit 38 to Suppl. Desai Decl. [SEALED], #22 Exhibit 39 to Suppl. Desai Decl. [SEALED], #23 Exhibit 41 to Suppl. Desai Decl. [SEALED])(Elson, Vera) (Filed on 11/9/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 65
Letter from Deborah E. Fishman to The Honorable District Judge James Donato. (Fishman, Deborah) (Filed on 11/6/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 64
ORDER. The Court would like a response from defendants to Minerva's discovery letter brief, Dkt. No. #63 , by Monday, November 6 at 5:00 p.m. The parties should resolve among themselves any scheduling issues related to depositions that this presents. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/1/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 63
Letter Brief re: Discovery Dispute filed byMinerva Surgical, Inc.. (Attachments: #1 Exhibit A)(Kim, Olivia) (Filed on 10/31/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 62
ANSWER TO COUNTERCLAIM #59 Answer to Complaint, Counterclaim byMinerva Surgical, Inc.. (Elson, Vera) (Filed on 10/27/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 61
ORDER. The Court grants #51 Administrative Motion to File Under Seal, except to the extent that the materials sought to be sealed have been de-designated by Minerva, Dkt. No. #60 . Signed by Judge James Donato on 10/17/2017. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/17/2017). [Transferred from California Northern on 2/7/2018.]
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Filing 60
Declaration of Neil N. Desai in Support of #51 Administrative Motion to File Under Seal filed byMinerva Surgical, Inc.. (Related document(s) #51 ) (Desai, Neil) (Filed on 10/16/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 59
First Amended ANSWER to Complaint with Jury Demand for Patent Infringement, COUNTERCLAIM against Minerva Surgical, Inc. byCytyc Surgical Products, LLC, Hologic, Inc.. (Casamiquela, Ryan) (Filed on 10/13/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 58
CERTIFICATE OF SERVICE by Cytyc Surgical Products, LLC, Hologic, Inc. of Exhibits Manually Filed in Support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction - Exhibits 11, 26, 28, 36, 56 and 59 (Casamiquela, Ryan) (Filed on 10/12/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 57
ORDER. The parties' stipulated protective order is entered, except that in those cases where the stipulated protective order conflicts with the Court's standing orders (e.g., with respect to the filing of discovery motions), the Court's standing orders will control. Signed by Judge James Donato on 10/12/17. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/12/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 56
CERTIFICATE OF SERVICE by Cytyc Surgical Products, LLC, Hologic, Inc. of Documents Filed Under Seal (Casamiquela, Ryan) (Filed on 10/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 55
Declaration of Dr. Steven J. Adashek in Support of #52 Opposition/Response to Motion by Plaintiff for Preliminary Injunction filed byCytyc Surgical Products, LLC, Hologic, Inc.. (Related document(s) #52 ) (Casamiquela, Ryan) (Filed on 10/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 54
Declaration of Karl R. Leinsing in Support of #52 Opposition/Response to Motion by Plaintiff for Preliminary Injunction filed byCytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Leinsing C.V.)(Related document(s) #52 ) (Casamiquela, Ryan) (Filed on 10/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 53
Declaration of Ryan J. Casamiquela in Support of #52 Opposition/Response to Motion by Plaintiff for Preliminary Injunction filed byCytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2, #3 Exhibit 3 (Sealed), #4 Exhibit 4, #5 Exhibit 5 (Sealed), #6 Exhibit 6, #7 Exhibit 7 (Sealed), #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 (Sealed), #12 Exhibit 12 (Sealed), #13 Exhibit 13 (Sealed), #14 Exhibit 14, #15 Exhibit 15 (Sealed), #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 (Sealed), #24 Exhibit 24 (Sealed), #25 Exhibit 25, #26 Exhibit 26 (Sealed), #27 Exhibit 27 (Sealed), #28 Exhibit 28 (Sealed), #29 Exhibit 29 (Sealed), #30 Exhibit 30 (Sealed), #31 Exhibit 31 (Sealed), #32 Exhibit 32 (Sealed), #33 Exhibit 33 (Sealed), #34 Exhibit 34 (Sealed), #35 Exhibit 35 (Sealed), #36 Exhibit 36 (Sealed), #37 Exhibit 37, #38 Exhibit 38 (Sealed), #39 Exhibit 39 (Sealed), #40 Exhibit 40 (Sealed), #41 Exhibit 41 (Sealed), #42 Exhibit 42 (Sealed), #43 Exhibit 43 (Sealed), #44 Exhibit 44 (Sealed), #45 Exhibit 45 (Sealed), #46 Exhibit 46, #47 Exhibit 47 (Sealed), #48 Exhibit 48 (Sealed), #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51 (Sealed), #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55 (Sealed), #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59 (Sealed), #60 Exhibit 60 (Sealed), #61 Exhibit 61 (Sealed), #62 Exhibit 62 (Sealed))(Related document(s) #52 ) (Casamiquela, Ryan) (Filed on 10/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 52
OPPOSITION/RESPONSE (re #35 MOTION for Preliminary Injunction [Redacted] ) filed byCytyc Surgical Products, LLC, Hologic, Inc.. (Casamiquela, Ryan) (Filed on 10/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 51
Administrative Motion to File Under Seal filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Declaration of Ryan J. Casamiquela, #2 Proposed Order, #3 Redacted Version of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, #4 Unredacted Version of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, #5 Unredacted Version of Appendix A, #6 Unredacted Version of Exhibit 1, #7 Unredacted Version of Exhibit 3, #8 Unredacted Version of Exhibit 5, #9 Unredacted Version of Exhibit 7, #10 Unredacted Version of Exhibit 11, #11 Unredacted Version of Exhibit 12, #12 Unredacted Version of Exhibit 13, #13 Unredacted Version of Exhibit 15, #14 Unredacted Version of Exhibit 23, #15 Unredacted Version of Exhibit 24, #16 Unredacted Version of Exhibit 26, #17 Unredacted Version of Exhibit 27, #18 Unredacted Version of Exhibit 28, #19 Unredacted Version of Exhibit 29, #20 Unredacted Version of Exhibit 30, #21 Unredacted Version of Exhibit 31, #22 Unredacted Version of Exhibit 32, #23 Unredacted Version of Exhibit 33, #24 Unredacted Version of Exhibit 34, #25 Unredacted Version of Exhibit 35, #26 Unredacted Version of Exhibit 36, #27 Unredacted Version of Exhibit 38, #28 Unredacted Version of Exhibit 39, #29 Unredacted Version of Exhibit 40, #30 Unredacted Version of Exhibit 41, #31 Unredacted Version of Exhibit 42, #32 Unredacted Version of Exhibit 43, #33 Unredacted Version of Exhibit 44, #34 Unredacted Version of Exhibit 45, #35 Unredacted Version of Exhibit 47, #36 Unredacted Version of Exhibit 48, #37 Unredacted Version of Exhibit 51, #38 Unredacted Version of Exhibit 55, #39 Unredacted Version of Exhibit 59, #40 Unredacted Version of Exhibit 60, #41 Unredacted Version of Exhibit 61, #42 Unredacted Version of Exhibit 62)(Casamiquela, Ryan) (Filed on 10/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 50
STIPULATION WITH PROPOSED ORDER STIPULATED [PROPOSED] PROTECTIVE ORDER filed by Minerva Surgical, Inc.. (Elson, Vera) (Filed on 10/9/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 49
ORDER. The Court grants #34 Administrative Motion to File Under Seal. Signed by Judge James Donato on 10/3/2017. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/3/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 48
NOTICE of Appearance by Masanori Koresawa as Counsel for Hologic, Inc. and Cytyc Surgical Products, LLC (Koresawa, Masanori) (Filed on 9/21/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 47
Statement re 45 Case Management Conference - Initial, Order on Stipulation Joint Statement Regarding Settlement Discussion by Minerva Surgical, Inc.. (Elson, Vera) (Filed on 9/18/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 46
CASE MANAGEMENT SCHEDULING ORDER: Amended Pleadings due by 10/13/2017. Close of Expert Discovery due by 10/19/2018. Close of Fact Discovery due by 7/20/2018. Designation of Experts due by 8/17/2018. Dispositive Motion due by 11/9/2018. Rebuttal Reports due by 9/14/2018. Claims Construction Hearing set for 4/26/2018 10:00 AM. Jury Selection set for 3/18/2019 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Jury Trial set for 3/18/2019 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Pretrial Conference set for 2/7/2019 01:30 PM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Tutorial Hearing set for 4/19/2018 10:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge James Donato on 9/11/17. (lrcS, COURT STAFF) (Filed on 9/13/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 45
Minute Entry for proceedings held before Hon. James Donato: Initial Case Management Conference held on 9/7/2017 ; denying #41 Stipulation. (jdlc1S, COURT STAFF) (Date Filed: 9/8/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 44
ORDER. Hologic's request for counsel to appear telephonically #43 is denied. Per the Court's standing order, telephonic appearances are not allowed. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 9/5/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 43
Request for Counsel to Appear Telephonically for Case Management Conference (Fishman, Deborah) (Filed on 9/1/2017) Modified on 9/5/2017 (hdjS, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 42
JOINT CASE MANAGEMENT STATEMENT filed by Minerva Surgical, Inc.. (Elson, Vera) (Filed on 8/31/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 41
STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Regarding Modified Schedule for Plaintiff's Motion for Preliminary Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Declaration of Deborah E. Fishman)(Fishman, Deborah) (Filed on 8/31/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 40
ORDER re #39 STIPULATION WITH PROPOSED ORDER Regarding Schedule For Plaintiff's Motion for Preliminary Injunction. The parties' stipulated schedule for Minerva Surgical's motion for preliminary injunction is approved, except the hearing is set for December 14, 2017 at 10:00 a.m. in Courtroom 11, 19th Floor, San Francisco. The parties are free to agree to discovery deals as they see fit. Signed by Judge James Donato on 8/15/2017. (jdlc1S, COURT STAFF) (Filed on 8/15/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 39
STIPULATION WITH PROPOSED ORDER Regarding Schedule For Plaintiff's Motion for Preliminary Injunction filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Attachments: #1 Declaration of Ryan J. Casamiquela)(Casamiquela, Ryan) (Filed on 8/10/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 38
NOTICE of Appearance by Deborah E. Fishman (Fishman, Deborah) (Filed on 8/8/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 37
ADR Remark: ADR Phone Conference held by Howard Herman on August 7, 2017. (af, COURT STAFF) (Filed on 8/8/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 2/7/2018.]
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Filing 36
CERTIFICATE OF SERVICE by Minerva Surgical, Inc. re #34 Administrative Motion to File Under Seal , #35 MOTION for Preliminary Injunction [Redacted] (Elson, Vera) (Filed on 8/2/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 35
MOTION for Preliminary Injunction REDACTED filed by Minerva Surgical, Inc.. Motion Hearing set for 9/28/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 8/23/2017. Replies due by 9/5/2017. (Attachments: #1 Proposed Order, #2 Declaration of Neil N. Desai, #3 Exhibit 1 to Desai Declaration, #4 Exhibit 2 to Desai Declaration, #5 Exhibit 3 to Desai Declaration, #6 Exhibit 4 to Desai Declaration, #7 Exhibit 5 to Desai Declaration, #8 Exhibit 6 to Desai Declaration, #9 Exhibit 7 to Desai Declaration, #10 Exhibit 8 to Desai Declaration, #11 Exhibit 9 to Desai Declaration, #12 Exhibit 10 to Desai Declaration, #13 Exhibit 11 to Desai Declaration, #14 Exhibit 12 to Desai Declaration, #15 Exhibit 13 to Desai Declaration, #16 Exhibit 14 to Desai Declaration, #17 Exhibit 15 to Desai Declaration, #18 Exhibit 16 to Desai Declaration, #19 Exhibit 17 to Desai Declaration, #20 Exhibit 18 to Desai Declaration, #21 Exhibit 19-22 to Desai Declaration [Manual Filing Notification], #22 Exhibit 23 to Desai Declaration, #23 Declaration of Ian Burroughs [Redacted], #24 Declaration of Gino Capone [Redacted], #25 Declaration of Dave Clapper [Redacted], #26 Declaration of Matthew Fratantoro [Redacted], #27 Declaration of Mary Hanley [Redacted], #28 Declaration of Craig Ingram [Redacted], #29 Declaration of Dr. John Anthony Pearce, #30 Declaration of Matthew Pendlebury [Redacted], #31 Declaration of Matthew Perry [Redacted], #32 Declaration of Kevin Tracey [Redacted])(Elson, Vera) (Filed on 8/2/2017) Modified on 8/3/2017 (gbaS, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 34
Administrative Motion to File Under Seal filed by Minerva Surgical, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Neil N. Desai, #3 Plaintiff's Motion for Preliminary Injunction [Redacted], #4 Plaintiff's Motion for Preliminary Injunction [Sealed], #5 Declaration of Ian Burroughs [Redacted], #6 Declaration of Ian Burroughs [Sealed], #7 Declaration of Gino Capone [Redacted], #8 Declaration of Gino Capone [Sealed], #9 Declaration of Dave Clapper [Redacted], #10 Declaration of Dave Clapper [Sealed], #11 Declaration of Matthew Fratantoro [Redacted], #12 Declaration of Matthew Fratantoro [Sealed], #13 Declaration of Mary Hanley [Redacted], #14 Declaration of Mary Hanley [Sealed], #15 Declaration of Craig Ingram [Redacted], #16 Declaration of Craig Ingram [Sealed], #17 Declaration of Matthew Pendlebury [Redacted], #18 Declaration of Matthew Pendlebury [Sealed], #19 Declaration of Matthew Perry [Redacted], #20 Declaration of Matthew Perry [Sealed], #21 Declaration of Kevin Tracey [Redacted], #22 Declaration of Kevin Tracey [Sealed])(Elson, Vera) (Filed on 8/2/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 33
Order re #32 Stipulation. The Court grants the parties' stipulation to extend the briefing schedule for plaintiff's motion for preliminary injunction. The request to increase page limits is denied. Signed by Judge James Donato on 7/31/2017. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 7/31/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 32
STIPULATION WITH PROPOSED ORDER Regarding Page Limits and Briefing Schedule for Plaintiff's Motion for Preliminary Injunction filed by Minerva Surgical, Inc.. (Attachments: #1 Declaration of Olivia M. Kim)(Kim, Olivia) (Filed on 7/13/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 31
ADR Remark: The ADR Phone Conference that was scheduled on July 12, 2017, has been RESCHEDULED to August 7, 2017, at 10:00 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 7/11/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 2/7/2018.]
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Filing 30
CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 8/31/2017. Initial Case Management Conference continued to 9/7/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco. (lrcS, COURT STAFF) (Filed on 7/5/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 29
NOTICE by Cytyc Surgical Products, LLC, Hologic, Inc. of Request for Counsel to Appear Telephonically for Case Management Conference (Casamiquela, Ryan) (Filed on 6/30/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 28
Certificate of Interested Entities by Cytyc Surgical Products, LLC, Hologic, Inc. - Supplemental Corporate Disclosure Statement (Casamiquela, Ryan) (Filed on 6/28/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 27
ADR Remark: The ADR Phone Conference scheduled on July 3, 2017, has been RESCHEDULED to July 12, 2017, at 1:30 PM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 6/23/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 2/7/2018.]
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Filing 26
ADR Clerk's Notice Setting ADR Phone Conference on Monday, July 3, 2017, at 12:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 6/23/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 25
NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Kim, Olivia) (Filed on 6/22/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 24
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on Behalf of Plaintiff (Elson, Vera) (Filed on 6/22/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 23
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on Behalf of Defendants (Casamiquela, Ryan) (Filed on 6/22/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 22
ANSWER TO COUNTERCLAIM #13 Answer to Complaint, Counterclaim byMinerva Surgical, Inc.. (Elson, Vera) (Filed on 5/25/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 21
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 7/13/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 7/6/2017.. Signed by Judge James Donato on 5/11/17. (lrcS, COURT STAFF) (Filed on 5/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 20
ORDER, Case reassigned to Judge James Donato. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 5/10/17. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 5/10/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 19
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 5/10/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 18
MOTION for leave to appear in Pro Hac Vice for Matthew M. Wolf ( Filing fee $ 310, receipt number 0971-11380506.) filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Wolf, Matthew) (Filed on 5/10/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 17
MOTION for leave to appear in Pro Hac Vice for Marc A. Cohn ( Filing fee $ 310, receipt number 0971-11380493.) filed by Cytyc Surgical Products, LLC, Hologic, Inc.. (Cohn, Marc) (Filed on 5/10/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 16
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cytyc Surgical Products, LLC, Hologic, Inc... (Casamiquela, Ryan) (Filed on 5/9/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 15
CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 5/19/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 5/5/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 14
Certificate of Interested Entities by Cytyc Surgical Products, LLC, Hologic, Inc. (Casamiquela, Ryan) (Filed on 5/4/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 13
ANSWER to Complaint with Jury Demand for Patent Infringement and, COUNTERCLAIM against All Plaintiffs byCytyc Surgical Products, LLC, Hologic, Inc.. (Casamiquela, Ryan) (Filed on 5/4/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 12
NOTICE of Appearance by Ryan J. Casamiquela (Casamiquela, Ryan) (Filed on 5/3/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 11
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Minerva Surgical, Inc... (Elson, Vera) (Filed on 4/25/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 10
Summons Returned Executed/CERTIFICATE OF SERVICE by Minerva Surgical, Inc. on Hologic, Inc.. (Elson, Vera) (Filed on 4/19/2017) Modified on 4/20/2017 (ysS, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 9
Summons Returned Executed/CERTIFICATE OF SERVICE by Minerva Surgical, Inc. on Cytyc Surgical Products, LLC. (Elson, Vera) (Filed on 4/19/2017) Modified on 4/20/2017 (ysS, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 8
Summons Issued as to Cytyc Surgical Products, LLC, Hologic, Inc.. (ysS, COURT STAFF) (Filed on 4/12/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 7
REPORT on the filing or determination of an action regarding Patent (cc: form e-mailed to register). (ysS, COURT STAFF) (Filed on 4/12/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/3/2017. Case Management Conference set for 7/10/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco. (ysS, COURT STAFF) (Filed on 4/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 5
Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/25/2017. (bwS, COURT STAFF) (Filed on 4/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 4
NOTICE of Report on the Filing or Determination of an Action Regarding a Patent or Trademark by Minerva Surgical, Inc. re #1 Complaint, (Elson, Vera) (Filed on 4/11/2017) Modified on 4/12/2017 (bwS, COURT STAFF). [Transferred from California Northern on 2/7/2018.]
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Filing 3
Certificate of Interested Entities by Minerva Surgical, Inc. (Elson, Vera) (Filed on 4/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 2
Proposed Summons. (Elson, Vera) (Filed on 4/11/2017) [Transferred from California Northern on 2/7/2018.]
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Filing 1
COMPLAINT against Cytyc Surgical Products, LLC, Hologic, Inc. ( Filing fee $ 400, receipt number 0971-11306681.). Filed byMinerva Surgical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Elson, Vera) (Filed on 4/11/2017) [Transferred from California Northern on 2/7/2018.]
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