3Shape A/S v. Align Technology, Inc.

Justia Dockets & Filings Third Circuit Delaware District Court 3Shape A/S v. Align Technology, Inc.

3Shape A/S v. Align Technology, Inc.

Plaintiff:	3Shape A/S
Defendant:	Align Technology, Inc.
Case Number:	1:2018cv00697
Filed:	May 8, 2018
Court:	US District Court for the District of Delaware
Office:	Wilmington Office
County:	XX Outside US
Presiding Judge:	Christopher J Burke
Referring Judge:	Leonard P Stark
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 1
Jury Demanded By:	Plaintiff

RSS Track this Docket

Docket Report

This docket was last retrieved on August 19, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 19, 2019	Case associated with lead case: Create association to 1:18-cv-00886-LPS-CJB. (ntl)
August 19, 2019	SO ORDERED, re (38 in 1:18-cv-00697-LPS-CJB) (42 in 1:18-cv-00886-LPS-CJB) Stipulation Consolidating Actions -- the 18-886 action shall be designated the lead case for all purposes including trial. All future filings in these actions shall be made in the 18-886 action ONLY. Trial on all claims asserted in both actions shall occur in accordance with the scheduling order in the 18-886 action, commencing on 4/12/21. Signed by Judge Leonard P. Stark on 8/19/19. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB (ntl) Modified on 8/19/2019 (ntl).
August 16, 2019	Filing 39 NOTICE OF SERVICE of Plaintiff's Initial Infringement Contentions filed by 3Shape A/S.(Grivner, Geoffrey)
August 9, 2019	Filing 38 STIPULATION Consolidate Actions 18-697 and 18-886 by 3Shape A/S. (Grivner, Geoffrey)
April 26, 2019	Filing 37 ORAL ORDER: IT IS HEREBY ORDERED that any and all motions to dismiss, stay, and/or transfer venue, which are currently pending or may be filed in this case are no longer referred to Magistrate Judge Burke. Judge Burke retains his referral for discovery disputes and alternative dispute resolution. ORDERED by Judge Leonard P. Stark on 4/26/19. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB (ntl)
March 25, 2019	Filing 36 ORAL ORDER: In light of the parties' requested stay (D.I. 35), IT IS HEREBY ORDERED that the pending motion to dismiss (D.I. 9) is DENIED without prejudice to renew after the stay is lifted. ORDERED by Judge Leonard P. Stark on 3/25/19. (ntl)
March 25, 2019	SO ORDERED, re #34 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to MARCH 21, 2019 filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 3/25/19. (ntl)
March 25, 2019	SO ORDERED, re #35 STIPULATED Stay Pending PTAB Institution Decisions -- Case Stayed. Signed by Judge Leonard P. Stark on 3/25/19. (ntl)
March 21, 2019	Filing 35 STIPULATION Stay Pending PTAB Institution Decisions by 3Shape A/S. (Grivner, Geoffrey)
March 14, 2019	Filing 34 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to MARCH 21, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey)
March 4, 2019	SO ORDERED D.I. #33 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to March 14, 2019 filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 3/4/2019. (dlb)
March 1, 2019	Filing 33 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to March 14, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey)
February 13, 2019	Filing 32 NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants First Set of Requests for the Production of Documents and Things (Nos. 1-146) and Plaintiffs Objections and Responses to Defendants Request for First Set of Interrogatories (Nos. 1-8) filed by 3Shape A/S.(Grivner, Geoffrey)
February 5, 2019	ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Judge Leonard P. Stark on 2/5/2019. (dlb)
January 29, 2019	Pro Hac Vice Attorney Elizabeth Bernard for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB(ddp).
January 29, 2019	SO ORDERED D.I. (108 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, Mark Consilvio, and James V. Razick filed by Align Technology, Inc., (94 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, and Mark Consilvio, of Paul Hastings LLP filed by Align Technology, Inc., (25 in 1:18-cv-00886-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc., (31 in 1:18-cv-00697-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/29/2019. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS-CJB(dlb)
January 28, 2019	Filing 31 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard - filed by Align Technology, Inc.. (Castellano, Jeffrey)
January 23, 2019	Filing 30 NOTICE OF SERVICE of 1) Defendant Align Technology, Inc.'s Objections and Responses to 3Shape's First Set of Requests for Production of Documents, Electronically Stored Information, and Things (Nos. 1-103) and 2) Align Technology, Inc.'s Responses and Objections to 3Shape A/S's First Set of Interrogatories (Nos. 1-5) filed by Align Technology, Inc..(Castellano, Jeffrey)
January 18, 2019	Filing 29 Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 1/18/2019. (dlb)
January 18, 2019	Filing 28 PROPOSED ORDER [STIPULATED PROTECTIVE ORDER] by 3Shape A/S. (Grivner, Geoffrey)
January 18, 2019	SO ORDERED D.I. #27 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 18, 2019 filed by Align Technology, Inc. Ordered by Judge Leonard P. Stark on 1/18/2019. (dlb)
January 17, 2019	Filing 27 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 18, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey)
January 15, 2019	ORAL ORDER: The Court, having reviewed Plaintiff's January 14, 2019 letter, (D.I. 25), hereby GRANTS the parties' request to change the deadlines set out in the Scheduling Order, (D.I. 18), for when the expert disclosures are due to April 10, 2020; May 8, 2020; and May 26, 2020. Ordered by Judge Christopher J. Burke on 1/15/2018. (dlb)
January 14, 2019	Filing 26 STIPULATION TO EXTEND TIME FOR THE SUBMISSION OF AGREED PROTECTIVE ORDER to JANUARY 17, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey)
January 14, 2019	Filing 25 Letter to the Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Scheduling Order Expert Disclosure Deadlines - re #18 Scheduling Order,,,. (Grivner, Geoffrey)
January 14, 2019	SO ORDERED D.I. #26 STIPULATION TO EXTEND TIME FOR THE SUBMISSION OF AGREED PROTECTIVE ORDER to JANUARY 17, 2019 filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 1/14/2019. (dlb)
January 11, 2019	Filing 24 NOTICE OF SERVICE of Align Technology, Inc.'s First Set of Requests for Production to Plaintiff 3Shape A/S (Nos. 1-146) filed by Align Technology, Inc..(Castellano, Jeffrey)
January 9, 2019	Filing 23 NOTICE OF SERVICE of Align Technology, Inc.'s First Set of Interrogatories to 3Shape A/S (Nos. 1-8) filed by Align Technology, Inc..(Castellano, Jeffrey)
January 8, 2019	Filing 22 NOTICE OF SERVICE of 1) Defendant Align Technology, Inc.'s Rule 26(a)(1) Initial Disclosures and 2) Defendant Align Technology, Inc.'s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Align Technology, Inc..(Castellano, Jeffrey)
January 8, 2019	SO ORDERED D.I. #21 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 14, 2019 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/8/2019. (mlc)
January 7, 2019	Filing 21 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 14, 2019 - filed by Align Technology, Inc.. (Shaw, John)
January 4, 2019	Filing 20 ORAL ORDER: In addition to the previous referral order, IT IS HEREBY ORDERED that this case is also referred to Magistrate Judge Christopher J. Burke, pursuant to 28 U.S.C. 636(b), to hear and resolve all discovery disputes. ORDERED by Judge Leonard P. Stark on 1/4/19. Associated Cases: 1:17-cv-01646-LPS et al. (ntl)
December 11, 2018	Motion No Longer Referred to Judge Burke: #9 MOTION to Dismiss. (ntl)
October 23, 2018	Filing 19 ORDER Setting Mediation Conference: A Telephone Conference is set for 11/19/2018 at 11:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 10/23/2018. Associated Cases: 1:18-cv-00886-LPS-CJB, 1:18-cv-00697-LPS-CJB(dlb)
October 22, 2018	CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak)
October 19, 2018	Filing 18 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/22/2019. Amended Pleadings due by 8/22/2019. Discovery due by 3/6/2020. Opening Expert Reports due by 4/10/2019. Rebuttal Expert Reports due by 5/8/2019. Expert Discovery due by 6/19/2019. Status Report due by 9/22/2019. Dispositive Motions due by 7/10/2020. A Motion Hearing is set for 9/8/2020 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 8/6/2019. Claim Construction Answering Brief due by 8/27/2019. A Markman Hearing is set for 9/23/2019 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 11/24/2020 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 12/14/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 10/19/2018. (dlb)
October 19, 2018	Filing 17 PROPOSED ORDER Scheduling Order re Scheduling Conference, by 3Shape A/S. (Grivner, Geoffrey)
October 15, 2018	Minute Entry for proceedings held before Judge Christopher J. Burke - Scheduling Conference held on 10/15/2018. The parties have been provided key dates. Plaintiff's counsel shall submit a revised proposed scheduling order by 10/19/18. (Court Reporter Valerie Gunning)(Clerk, M. Streifthau-Livizos) Appearances: G. Grivner, K. Coghill, and L. Smith for Plaintiff; J. Shaw and B. Jacobs for Defendant. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB(dlb)
September 27, 2018	Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 10/15/2018 at 01:30 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 9/27/2018. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB(dlb)
September 21, 2018	Filing 16 Letter to Judge Stark from Geoffrey G. Grivner regarding Court's Oral Order. (Attachments: #1 Exhibit Patent Checklist, #2 Text of Proposed Order Proposed Scheduling Order)(Grivner, Geoffrey)
August 22, 2018	IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 8/22/2018. (dlb)
August 9, 2018	Filing 15 REQUEST for Oral Argument by Align Technology, Inc. re #9 MOTION to Dismiss for Failure to State a Claim . (Hawthorne-Searight, Daryll)
August 9, 2018	Pro Hac Vice Attorney Mark J. Consilvio,Christina A. Ondrick,John S. Holley for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
August 3, 2018	Pro Hac Vice Attorney Blair M. Jacobs for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
August 3, 2018	SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick, John S. Holley, and Mark Consilvio filed by Align Technology, Inc.. Ordered by Judge Christopher J. Burke on 8/3/2018. (jcs)
August 2, 2018	Filing 14 REPLY BRIEF re #9 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc.. (Russell, Andrew)
July 26, 2018	Filing 13 ANSWERING BRIEF in Opposition re #9 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S.Reply Brief due date per Local Rules is 8/2/2018. (Grivner, Geoffrey)
July 25, 2018	Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick, John S. Holley, and Mark Consilvio - filed by Align Technology, Inc.. (Fry, David)
July 20, 2018	Filing 11 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Align Technology, Inc.. (Russell, Andrew)
July 20, 2018	SO ORDERED D.I. #7 MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, S. Lloyd Smith, Kim E. Coghill and David W. H. Leibovitch filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 7/20/2018. (dlb)
July 20, 2018	Pro Hac Vice Attorney Philip L. Hirschhorn for 3Shape A/S added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg)
July 20, 2018	Pro Hac Vice Attorney Kim Coghill for 3Shape A/S added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg)
July 12, 2018	MOTION REFERRED: #9 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb) Modified on 7/16/2018 (dlb).
July 12, 2018	Filing 10 OPENING BRIEF in Support re #9 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc..Answering Brief/Response due date per Local Rules is 7/26/2018. (Russell, Andrew)
July 12, 2018	Filing 9 MOTION to Dismiss for Failure to State a Claim - filed by Align Technology, Inc.. (Attachments: #1 Text of Proposed Order)(Russell, Andrew)
June 26, 2018	SO ORDERED D.I. #8 Proposed Procedures Order filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 6/26/2018. (dlb)
June 22, 2018	Filing 8 PROPOSED ORDER Procedures Order re 4 Order Referring Case to Magistrate Judge,,, by 3Shape A/S. (Grivner, Geoffrey)
June 18, 2018	Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, S. Lloyd Smith, Kim E. Coghill and David W. H. Leibovitch - filed by 3Shape A/S. (Attachments: #1 Certificate of Compliance of Philip L. Hirschhorn, #2 Certificate of Compliance of S. Lloyd Smith, #3 Certificate of Compliance of Kim E. Coghill, #4 Certificate of Compliance of David W.H. Leibovithcv, #5 Text of Proposed Order for Philip L. Hirschhorn, #6 Text of Proposed Order for S. Lloyd Smith, #7 Text of Proposed Order for Kim E. Coghill, #8 Text of Proposed Order for David W.H. Leibovitch)(Grivner, Geoffrey)
May 31, 2018	SO ORDERED D.I. #6 STIPULATION TO EXTEND TIME to Respond to the First Amended Complaint to July 12, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 5/31/2018. (dlb)
May 29, 2018	Filing 6 STIPULATION TO EXTEND TIME to Respond to the First Amended Complaint to July 12, 2018 - filed by Align Technology, Inc.. (Shaw, John)
May 24, 2018	Filing 5 First AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Grivner, Geoffrey)
May 18, 2018	Filing 4 ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 5/18/18. (ntl)
May 16, 2018	Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (nms)
May 9, 2018	Filing 3 SUMMONS Returned Executed by 3Shape A/S. Align Technology, Inc. served on 5/8/2018, answer due 5/29/2018. (Grivner, Geoffrey)
May 8, 2018	Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs)
May 8, 2018	Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2377591.) - filed by 3Shape A/S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(jcs)
May 8, 2018	Summons Issued with Magistrate Consent Notice attached as to Align Technology, Inc. on 5/8/2018. 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. (jcs)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Delaware District Court's Electronic Court Filings (ECF) System

Search for this case: 3Shape A/S v. Align Technology, Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: 3Shape A/S
Represented By:	Geoffrey Graham Grivner
Represented By:	Kimberly E. Coghill
Represented By:	Philip L. Hirschhorn
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Align Technology, Inc.
Represented By:	John W. Shaw
Represented By:	Mark J. Consilvio
Represented By:	John S. Holley
Represented By:	David M. Fry
Represented By:	Christina A. Ondrick
Represented By:	Elizabeth Bernard
Represented By:	Andrew Russell
Represented By:	Blair M. Jacobs
Represented By:	Jeffrey Thomas Castellano
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?