TriMed, Inc. v. Arthrex, Inc.
| Trimed, Inc. |
| Arthrex, Inc. |
| 1:2018cv00666 |
| May 2, 2018 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Vacant Judgeship (2017) |
| Maryellen Noreika |
| Mary Pat Thynge |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 53 STIPULATION TO EXTEND TIME re: Defendant to produce opinion of counsel and additional documents to October 7, 2019 - filed by Arthrex, Inc.. (Farnan, Kelly) |
| Filing 52 STIPULATION TO EXTEND TIME re: Defendant to Produce Opinion re Advice of Counsel to September 13, 2019 - filed by Arthrex, Inc.. (Farnan, Kelly) |
SO ORDERED re #52 STIPULATION TO EXTEND TIME re: Defendant to Produce Opinion re Advice of Counsel to September 13, 2019. ORDERED by Judge Maryellen Noreika on 9/4/2019. (dlw)
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| Filing 51 NOTICE of Lodging Exhibits Presented at the July 30, 2019 Markman Hearing by Arthrex, Inc. (Attachments: #1 Exhibit A-B)(Farnan, Kelly) |
| Filing 50 Official Transcript of Markman Hearing held on 7/30/2019 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins/Valerie Gunning,Telephone number 302-573-6196. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/29/2019. (dh) |
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Filing 49
MEMORANDUM ORDER regarding Claim Construction. Signed by Judge Maryellen Noreika on 7/31/2019. (dlw)
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| Minute Entry for proceedings held before Judge Maryellen Noreika - Markman Hearing held on 7/30/2019. Arguments on the disputed claim construction terms. The Court ruled from the bench. A written order will follow. (Court Reporter Dale Hawkins and Val Gunning.) (mdb) |
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Filing 48
ORAL ORDER re #47 Letter - IT IS HEREBY ORDERED that the Court is allocating two hours for the 7/30/2019 Markman hearing with the time split equally between the parties. ORDERED by Judge Maryellen Noreika on 7/15/2019. (dlw)
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| Filing 47 Joint Letter to The Honorable Maryellen Noreika from Arthur G. Connolly, III regarding Markman Hearing - re #18 Scheduling Order. (Connolly, Arthur) Modified on 7/15/2019 (dlw). |
| Filing 46 Joint APPENDIX re #45 Joint Claim Construction Brief by Trimed, Inc. (Connolly, Arthur) Modified on 7/15/2019 (dlw). |
| Filing 45 JOINT CLAIM CONSTRUCTION BRIEF filed by Trimed, Inc. (Connolly, Arthur) Modified on 7/15/2019 (dlw). |
| Filing 44 NOTICE of Appearance by Renee Marie Mosley on behalf of Arthrex, Inc. (Mosley, Renee) |
| Filing 43 NOTICE OF SERVICE of Plaintiff's Reply Claim Construction Brief re #18 Scheduling Order,,,, filed by Trimed, Inc..(Connolly, Arthur) |
| Filing 42 NOTICE OF SERVICE of Plaintiff TriMed, Inc.'s Opening Claim Construction Brief and Exhibits A through C to the Brief filed by Trimed, Inc..(Connolly, Arthur) |
| Filing 41 CLAIM Construction Chart by Arthrex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Farnan, Kelly) |
| CORRECTING ENTRY: D.I. 40 has been replaced on the docket at the request of counsel. The prior version was not signed. (dlw) |
| Filing 40 NOTICE OF SERVICE of Plaintiff TriMed, Inc.'s Answers to Defendant Arthrex's First Set of Interrogatories (Nos. 1-14) and Plaintiff TriMed, Inc.'s First Responses to Defendant Arthrex's First Set of Requests for Production of Documents (Nos. 1-64) re #33 Notice of Service filed by Trimed, Inc..(Connolly, Arthur) (Main Document 40 replaced on 3/13/2019) (dlw). |
| Filing 39 NOTICE of Change of Address by Arthur G. Connolly, III (Connolly, Arthur) |
| Filing 38 NOTICE OF SERVICE of Defendants Preliminary Invalidity Contentions filed by Arthrex, Inc..(Farnan, Kelly) |
| Filing 37 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey M. Drake - filed by Trimed, Inc.. (Connolly, Arthur) |
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SO ORDERED re #37 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey M. Drake filed by Trimed, Inc. ORDERED by Judge Maryellen Noreika on 2/14/2019. (dlw)
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| Pro Hac Vice Attorney Jeffrey M. Drake for Trimed, 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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SO ORDERED re #36 Stipulation to Amend Scheduling Order (Initial invalidity contentions due 2/22/2019; advice of counsel deadlines extended to 30 days after Court issues claim construction opinion). ORDERED by Judge Maryellen Noreika on 2/13/2019. (dlw)
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| Filing 36 STIPULATION to Amend Scheduling Order re #18 Scheduling Order,,,, by Arthrex, Inc.. (Farnan, Kelly) |
| Filing 35 NOTICE OF SERVICE of (1) Defendant Arthrex's Response to Plaintiff's First Set of Interrogatories (Nos. 1-6) and (2) Arthrex's Response to Plaintiff's First Set of Production Requests to Defendant (Nos. 1-46) filed by Arthrex, Inc..(Farnan, Kelly) |
| Filing 34 NOTICE OF SERVICE of Plaintiff's Disclosures Pursuant to Section 3 of the Delaware Default Standard for Discovery filed by Trimed, Inc..(Connolly, Arthur) |
| Filing 33 NOTICE OF SERVICE of (1) Arthrexs First Set of Interrogatories to Trimed (Nos. 1-14) and (2) Arthrexs First Set of Requests for the Production of Documents to Trimed (Nos. 1-64) filed by Arthrex, Inc..(Farnan, Kelly) |
| Filing 32 NOTICE OF SERVICE of Plaintiff's Initial Claim Chart filed by Trimed, Inc..(Connolly, Arthur) |
| Filing 31 NOTICE OF SERVICE of Defendant Arthrex Inc.'s Disclosures Pursuant to Section 3 of the Delaware Default Standard for Discovery filed by Arthrex, Inc..(Farnan, Kelly) |
| Filing 30 NOTICE of Withdrawal of Counsel -- Mary I. Akhimien -- by Trimed, Inc. (Akhimien, Mary) Modified on 1/7/2019 (dlw). |
| Filing 29 NOTICE OF SERVICE of Plaintiff's First Set of Production Requests to Defendant (Nos. 1-46) and Plaintiff's First Set of Interrogatories to Defendant (Nos. 1-6) filed by Trimed, Inc..(Connolly, Arthur) |
| Filing 28 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Wednesday, December 12, 2018, by email to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, as well as opposing counsel, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. Ordered by Chief Magistrate Judge Mary Pat Thynge on 11/28/18. (cak) |
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Filing 27
PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 11/5/2018. (dlw)
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| Filing 26 PROPOSED ORDER re: Protective Order by Arthrex, Inc.. (Farnan, Kelly) |
| Filing 25 NOTICE OF SERVICE of Plaintiff's Identification of Asserted Patent, Accused Infringing Product, and TriMed's Damage Model filed by Trimed, Inc..(Connolly, Arthur) |
| Filing 24 NOTICE OF SERVICE of Plaintiff's Initial Disclosures filed by Trimed, Inc..(Connolly, Arthur) |
| Filing 23 STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to through and including November 5, 2018 - filed by Arthrex, Inc.. (Farnan, Kelly) Modified on 10/29/2018 (dlw). |
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SO ORDERED re #23 STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to through and including November 5, 2018 filed by Arthrex, Inc. ORDERED by Judge Maryellen Noreika on 10/29/2018. (dlw)
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| Filing 22 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,283,010. U.S. Patent No. 9,283,010 terminated from action by stipulation of dismissal #20 , SO ORDERED 10/26/2018 #21 . (dlw) |
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Filing 21
SO ORDERED re #20 Stipulation of Dismissal of Claims Relating to U.S. Patent No. 9,283,010. Signed by Judge Maryellen Noreika on 10/26/2018. (dlw)
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| Filing 20 STIPULATION of Dismissal of Claims Relating to U.S. Patent No. 9,283,010 by Arthrex, Inc.. (Farnan, Kelly) Modified on 10/26/2018 (dlw). |
| CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge 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 (cak) |
| Filing 19 NOTICE OF SERVICE of Defendant Arthrex Inc.s Rule 26(a) Initial Disclosures filed by Arthrex, Inc..(Farnan, Kelly) |
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Filing 18
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 4/1/2019. Amended Pleadings due by 4/1/2019. Fact Discovery completed by 11/22/2019. Opening Expert Reports due by 12/13/2019. Rebuttal Expert Reports due by 1/17/2020. Reply Expert Reports due by 2/7/2020. Expert Discovery due by 3/6/2020. Dispositive Motions due by 4/3/2020. Claim Construction Opening Brief served by 4/19/2019. Claim Construction Answering Brief served by 5/17/2019. Claim Construction Reply Brief served by 6/7/2019. Claim Construction Surreply Brief served by 6/28/2019. Joint Claim Construction Brief filed by 7/10/2019. A Markman Hearing is set for 7/30/2019 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Motions in Limine due by 8/24/2020. Proposed Pretrial Order due by 8/24/2020. A Pretrial Conference is set for 8/31/2020 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 9/14/2020 at 09:00 AM in Courtroom 6A before Judge Maryellen Noreika. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Maryellen Noreika on 10/18/2018. (dlw)
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| Filing 17 Letter to The Honorable Maryellen Noreika from Mary I. Akhimien regarding parties Proposed Scheduling Order - re 16 Oral Order,,. (Attachments: #1 Text of Proposed Order Scheduling Order)(Akhimien, Mary) |
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Filing 16
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 9/18/2018. (dlw)
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| Filing 15 ANSWER to #12 Answer to Amended Complaint, Counterclaim - Trimed's Answer to Arthrex's Counterclaims by Trimed, Inc.(Connolly, Arthur) Modified on 9/18/2018 (dlw). |
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Filing 14
ORAL ORDER - The referral of this action to the Magistrate Judge is hereby WITHDRAWN. ORDERED by Judge Maryellen Noreika on 9/7/2018. (dlw)
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| Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 13 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Arthrex, Inc.. (Farnan, Kelly) |
| Filing 12 ANSWER to Amended Complaint, re: #11 Amended Complaint with Jury Demand , COUNTERCLAIM against Trimed, Inc. by Arthrex, Inc..(Farnan, Kelly) |
| Filing 11 Second AMENDED COMPLAINT for Patent Infringement against Arthrex, Inc.- filed by Trimed, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Connolly, Arthur) |
| Pro Hac Vice Attorney Robert E. Bugg for Arthrex, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
| Filing 10 STIPULATION to Amend the First Amended Complaint re #7 Amended Complaint by Trimed, Inc.. (Connolly, Arthur) |
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SO ORDERED re #10 Joint Stipulation to Amend Complaint. Signed by Judge Mary Pat Thynge on 6/20/18. (cak)
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| Pro Hac Vice Attorney Megan Sunkel Woodworth for Arthrex, 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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SO ORDERED granting #9 Motion to Appear Pro Hac Vice of Attorney Megan S. Woodworth and Robert E. Bugg - filed by Arthrex, Inc. Signed by Judge Mary Pat Thynge on 5/30/18. (cak)
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| Pro Hac Vice Attorney Mark M. Grossman for Trimed, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Megan S. Woodworth and Robert E. Bugg - filed by Arthrex, Inc.. Motions referred to Mary Pat Thynge.(Farnan, Kelly) |
| Pro Hac Vice Attorney Lee F. Grossman for Trimed, 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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SO ORDERED granting #6 Motion to Appear Pro Hac Vice of Attorney Lee Grossman and Mark Grossman of Grossman Law Offices - filed by Trimed, Inc. Signed by Judge Mary Pat Thynge on 5/24/18. (cak)
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SO ORDERED re #8 STIPULATION TO EXTEND TIME Answer Amended Complaint to through and including June 22, 2018 filed by Arthrex, Inc. Signed by Judge Mary Pat Thynge on 5/24/18. (cak)
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| Filing 8 STIPULATION TO EXTEND TIME Answer Amended Complaint to through and including June 22, 2018 - filed by Arthrex, Inc.. (Farnan, Kelly) |
| Filing 7 AMENDED COMPLAINT for Patent Infringement against Arthrex, Inc.- filed by Trimed, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Connolly, Arthur) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Lee Grossman and Mark Grossman of Grossman Law Offices - filed by Trimed, Inc.. (Connolly, Arthur) |
| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) |
| CASE REFERRED to Magistrate Judge Mary Pat Thynge. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) Motion referred to Mary Pat Thynge.(rjb) |
| ***NOTE: If the parties jointly consent to Chief Magistrate Judge Thynges jurisdiction to conduct all proceedings in this case, then the Pretrial Conference and Trial will be presided over by Judge Thynge consistent with 28 U.S.C. 636. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued May 26, 2017 and available on the District Court's website), upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge. (cak) |
| Filing 5 SUMMONS Returned Executed by Trimed, Inc.. Arthrex, Inc. served on 5/2/2018, answer due 5/23/2018. (Connolly, Arthur) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Trimed, Inc. (crb) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8177822 B2 ;US 9283010 B2. (crb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (crb) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Arthrex, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2374125.) - filed by Trimed, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(crb) |
| Summons Issued with Magistrate Consent Notice attached as to Arthrex, Inc. on 5/2/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (crb) |
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