Quest Diagnostics Investments LLC v. Laboratory Corporation of America Holdings et al
| Endocrine Sciences, Inc. |
| Quest Diagnostics Investments LLC |
| Esoterix, Inc. and Laboratory Corporation of America Holdings |
| Gregory B Williams |
| 1:2018cv01436 |
| September 17, 2018 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 206 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s). (Attachments: #1 Stipulation of dismissal)(mdb) |
Filing 205
SO ORDERED re #204 Stipulated Dismissal. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 12/8/2021. (dlw)
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| Filing 204 STIPULATION of Dismissal by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 203 NOTICE requesting Clerk to remove Elizabeth B. Hagan as co-counsel.. (Dorsney, Kenneth) |
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Filing 202
SO ORDERED re #201 Joint Status Report and Stipulation and Order to Further Stay the Case. SEE ORDER FOR COMPELTE DETAILS. Signed by Judge Maryellen Noreika on 2/9/2021. (dlw)
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| Filing 201 STIPULATION Joint Status Report and Sitpulation and [Proposed] Order to Further Stay the Case re #166 Order Staying Case,, by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 200 MOTION to Compel Production of Patient Records - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 2/2/2021 (dlw). |
| Filing 199 MOTION to Extend the deadline to submit application for fees and costs pursuant to Special Master Order #4 - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 198 NOTICE OF SERVICE of (1) Quest Diagnostics Investments LLC's Amended Final Infringement Contentions and; (2) Quest Diagnostics Investments LLC's Supplemental Responses and Objections to Defendants' First Set of Interrogatories (No. 8) filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 197 NOTICE OF SERVICE of Defendants' First Supplemental Responses and Objections to Quest Diagnostics Investments LLC's Fourth Set of Interrogatories (No. 23) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 196 NOTICE OF SERVICE of Defendants' Responses and Objections to Quest Diagnostics Investments LLC's Fourth Set of Interrogatories (Nos. 19-28) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 195 REDACTED VERSION of #187 Response to Objections, by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 REDACTED Appendix)(Liston, Ian) |
| Filing 194 NOTICE OF SERVICE of Quest's Fourth Set of Interrogatories (Nos. 19-28) filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 193 REDACTED VERSION of #186 Response to Objections by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 12/1/2020 (dlw). |
| Filing 192 REDACTED VERSION of #184 Appendix by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 191 REDACTED VERSION of #183 Objections by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 11/23/2020 (dlw). |
| Filing 190 REDACTED VERSION of #182 Objections, to 173 SPECIAL MASTER OPINION/ORDER by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Appendix (Redacted))(Liston, Ian) |
| Filing 189 REDACTED VERSION of #181 Appendix re 180 Response to Objections by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 188 NOTICE of Certificate of Service by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings re #187 Response to Objections regarding Special Master Order #4 (Liston, Ian) Modified on 11/20/2020 (dlw). |
| Filing 187 [SEALED] RESPONSE TO OBJECTIONS by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings re #183 Objections regarding Special Master Order #4. (Attachments: #1 Appendix)(Liston, Ian) Modified on 11/20/2020 (dlw). |
| Filing 186 [SEALED] RESPONSE TO OBJECTIONS by Quest Diagnostics Investments LLC re #182 Objections regarding Special Master Order #4. (Dorsney, Kenneth) Modified on 11/20/2020 (dlw). |
| Filing 185 REDACTED VERSION of #179 Declaration by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 11/12/2020 (dlw). |
| Filing 184 [SEALED] APPENDIX re #183 Objections, by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 183 [SEALED] OBJECTIONS by Quest Diagnostics Investments LLC to #173 SPECIAL MASTER OPINION/ORDER re #171 MOTION to Preclude Reliance on New Theories and Evidence contained in Defendants' Fourth Supplemental Response to Quest's First Set of Interrogatories filed by Quest Diagnostics Investments LLC . (Dorsney, Kenneth) |
| Filing 182 [SEALED] OBJECTIONS by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings to #173 SPECIAL MASTER OPINION/ORDER re #171 MOTION to Preclude Reliance on New Theories and Evidence contained in Defendants' Fourth Supplemental Response to Quest's First Set of Interrogatories filed by Quest Diagnostics Investments LLC . (Attachments: #1 Appendix)(Liston, Ian) |
| Filing 181 [SEALED] APPENDIX re #180 Response to Objections by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 180 RESPONSE TO OBJECTIONS by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings re #178 Objections . (Liston, Ian) |
| Filing 179 [SEALED] DECLARATION of Kenneth L. Dorsney re #178 Objections by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 11/5/2020 (dlw). |
| Filing 178 OBJECTIONS by Quest Diagnostics Investments LLC to #176 Special Master Order #6 and Motion for Expedited Consideration. (Dorsney, Kenneth) Modified on 11/5/2020 (dlw). |
| Filing 177 STIPULATION and Proposed Expedited Briefing Schedule for Quest's Objection to Special Master Order #6 by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 11/3/2020 (dlw). |
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SO ORDERED re #177 Stipulation and Proposed Expedited Briefing Schedule for Quest's Objection to Special Master Order #6 - Quest's Objection, of no more than 6 double-spaced pages, is due on 11/4/2020. LabCorp's Response, of no more than 6 double-spaced pages, is due on 11/9/2020. ORDERED by Judge Maryellen Noreika on 11/3/2020. (dlw)
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| Filing 176 SPECIAL MASTER ORDER #6 DENYING #174 MOTION to Stay Special Master Order #4 - the Special Master denies Plaintiff's Motion to Stay and extends the deadlines for the additional discovery set forth in Special Master Order #4. Signed by Special Master Gregory G. Williams on 10/30/2020. (dlw) |
| Filing 175 SPECIAL MASTER ORDER #5 granting Plaintiff's request for expedited consideration of #174 Plaintiff's Motion to Stay Special Master Order #4 Pending Appeal, setting the deadline for the answering brief from Defendants, and scheduling oral argument on the motion. Signed by Special Master Gregory B. Williams on 10/26/2020. (dlw) |
| Filing 174 MOTION to Stay Special Master Order #4 - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 10/26/2020 (dlw). |
| Filing 173 SPECIAL MASTER ORDER #4 Rulings re #171 MOTION to Preclude Reliance on New Theories and Evidence contained in Defendants' Fourth Supplemental Response to Quest's First Set of Interrogatories and Accompanying Report and Recommendation on the Imposition of Monetary Sanctions. Signed by Special Master Gregory B. Williams on 10/19/2020. (dlw) |
| Filing 172 NOTICE of Appearance by Daniyal Iqbal on behalf of Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Iqbal, Daniyal) |
| Filing 171 MOTION to Preclude Reliance on New Theories and Evidence contained in Defendants' Fourth Supplemental Response to Quest's First Set of Interrogatories - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 9/21/2020 (dlw). |
| Filing 170 SPECIAL MASTER ORDER #3 GRANTING #169 MOTION to Enlarge Page Limits for Discovery Dispute Briefing and setting briefing schedule and hearing for discovery dispute. Signed by Special Master Gregory B. Williams on 9/10/2020. (dlw) |
| Filing 169 MOTION to Enlarge Page Limits for Discovery Dispute Briefing - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 168 SPECIAL MASTER ORDER #2. Signed by Special Master Gregory B. Williams on 9/4/2020. (dlw) |
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Filing 167
Procedures for the Handling of Discovery Disputes by Special Master Gregory B. Williams - Signed by Special Master Williams on 9/3/2020 and SO ORDERED by Judge Maryellen Noreika on 9/4/2020. (dlw)
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Filing 166
ORDER STAYING CASE - Subject only to the provisions of paragraph 2, Defendants' Motion for Stay Pending Resolution of Inter Partes Review (D.I. 136) is GRANTED and the matter is STAYED. Within seven (7) days of the final written decision by the PTAB on the patentability of the asserted claims of U.S. Patent No. 8,101,427, the parties shall inform the Court of the decision and their proposals for moving forward in this case. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 9/4/2020. (dlw)
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| Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference re Status and #136 Motion to Stay held on 9/4/2020. The court GRANTED #136 Motion to Stay pending a decision on the IPR. The transcript shall serve as the court's ruling. (Court Reporter: Dale Hawkins.) (asw) |
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Filing 165
ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that, in light of #164 Letter, a Telephone Conference is set for 9/4/2020 at 11:00 AM before Judge Maryellen Noreika. Counsel shall provide a dial-in number for the teleconference emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 9/2/2020. (dlw)
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| Filing 164 Letter to The Honorable Maryellen Noreika from Ian R. Liston regarding Defendants' Motion to Stay - re #137 Opening Brief in Support,. (Attachments: #1 Exhibit 1)(Liston, Ian) |
| Filing 163 AMENDED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,409,862 B2; 8,101,427 B2; 7,972,867 B2. U.S. Patent No. 7,972,868 B2 was dismissed from suit by Stipulation and Order dated 8/26/2020. See D.I. #162 . (dlw) |
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Filing 162
SO ORDERED re #161 Stipulation of Dismissal as to all claims and counterclaims regarding Patent No. 7,972,868. Signed by Judge Maryellen Noreika on 8/26/2020. (dlw)
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| Filing 161 STIPULATION of Dismissal as to all claims and counterclaims regarding Patent No. 7,972,868 by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 8/26/2020 (dlw). |
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Filing 160
ORDER APPOINTING SPECIAL MASTER. Gregory B. Williams, Esquire appointed. Signed by Judge Maryellen Noreika on 8/25/2020. (dlw)
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| Filing 159 NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
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Filing 158
ORDER REFERRING CASE to Clerk for assignment of a Special Master to decide discovery disputes. Signed by Judge Maryellen Noreika on 8/21/2020. (dlw)
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| Filing 157 NOTICE OF SERVICE of Quest Diagnostics' Final Infringement Contentions filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 156 NOTICE OF SERVICE of (i) Defendants First Supplemental Responses and Objections to Quest Diagnostics Investments LLCs Second Set of Interrogatories (No. 12); (ii) Defendants First Supplemental Responses and Objections to Quest Diagnostics Investments LLCs Third Set of Interrogatories (Nos. 15 and 17); and (iii) Defendants Fourth Supplemental Responses and Objections to Quest Diagnostics Investments LLCs First Set of Interrogatories (Nos. 1-2 and 5-11) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 155 NOTICE OF SERVICE of Quest Diagnostics' First Amended Paragraph 4(c) Disclosures filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
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Filing 154
SO ORDERED re #153 Stipulation and Order for Extension of Time (Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 8/7/2020. Opening Expert Reports due by 9/4/2020. Rebuttal Expert Reports due by 10/2/2020. Reply Expert Reports due by 10/23/2020. Expert Discovery due by 11/20/2020. Dispositive Motions due by 12/22/2020. Answering Brief due 1/22/2021. Reply Brief due 2/12/2021). Signed by Judge Maryellen Noreika on 7/14/2020. (dlw)
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| Filing 153 STIPULATION to Amend Scheduling Order by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 152 MOTION for Pro Hac Vice Appearance of Attorney Jessica Benzler - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
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SO ORDERED re #152 MOTION for Pro Hac Vice Appearance of Attorney Jessica Benzler filed by Quest Diagnostics Investments LLC. ORDERED by Judge Maryellen Noreika on 6/29/2020. (dlw)
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| CORRECTING ENTRY: The 6/29/2020 Minute Entry has been updated to reflect that Plaintiff's requested relief was DENIED. (dlw) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Discovery Dispute Telephone Conference held on 6/29/2020 re Letters ( #149 , #150 ). The plaintiff's requested relief is DENIED. The proposed extension of discovery deadlines was also discussed ( #151 ). The Court will allow discovery deadline extensions; the parties shall confer and file a stipulation accordingly. (Court Reporter Dale Hawkins.) (mdb) Modified on 6/29/2020 (dlw). |
| Filing 151 Joint STATUS REPORT regarding Discovery and Schedule by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 6/26/2020 (dlw). |
| Filing 150 Letter to The Honorable Maryellen Noreika from Ian R. Liston regarding Defendants Laboratory Corporation of America Holdings, Esoterix Inc. and Endocrine Sciences, Inc. Response to Quest Diagnostics Investments initial disocvery dispute letter - re #149 Letter. (Attachments: #1 Exhibit A)(Liston, Ian) |
| Filing 149 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Quest Diagnostics Investment LLC's initial discovery dispute letter - re 147 Order Setting Teleconference,,. (Dorsney, Kenneth) |
| Filing 148 MOTION for Pro Hac Vice Appearance of Attorney Byron R. Chin - filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Certification of Byron R. Chin to be Admitted Pro Hac Vice)(Liston, Ian) |
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Filing 147
ORAL ORDER Setting Teleconference: Having been advised by the parties of their inability to resolve a discovery dispute, IT IS HEREBY ORDERED that a Discovery Dispute Teleconference is set for 6/29/2020 at 1:00 PM before Judge Maryellen Noreika. The opening letter(s) (not to exceed three (3) pages) is due on or before 6/23/2020 and the responsive letter(s) (not to exceed three (3) pages) is due on or before 6/24/2020. Counsel shall provide a dial-in number for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 6/17/2020. (dlw)
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SO ORDERED re #148 MOTION for Pro Hac Vice Appearance of Attorney Byron R. Chin filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. ORDERED by Judge Maryellen Noreika on 6/17/2020. (dlw)
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| Filing 146 REQUEST for Oral Argument by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings re #136 MOTION to Stay Pending Resolution of Inter Partes Review. (Liston, Ian) |
| Filing 145 REQUEST for Oral Argument by Quest Diagnostics Investments LLC re #136 MOTION to Stay Pending Resolution of Inter Partes Review. (Dorsney, Kenneth) |
| Filing 144 NOTICE OF SERVICE of Quest Diagnostics Investments LLC's Supplemental Responses to Defendants' Second Set of Interrogatories (Nos. 16-17) filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 143 REPLY BRIEF re #136 MOTION to Stay Pending Resolution of Inter Partes Review filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Certificate of Service)(Liston, Ian) |
| Filing 142 REDACTED VERSION of #140 Answering Brief in Opposition by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 6/9/2020 (dlw). |
| Filing 141 NOTICE of Deposition Subpoena Directed to Thermo Fisher Scientific Inc. by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Deposition Subpoena to Thermo Fisher Scientific Inc.)(Liston, Ian) |
| Filing 140 [SEALED] ANSWERING BRIEF in Opposition re #136 MOTION to Stay Pending Resolution of Inter Partes Review filed by Quest Diagnostics Investments LLC.Reply Brief due date per Local Rules is 6/9/2020. (Dorsney, Kenneth) |
| Filing 139 NOTICE OF SERVICE of Defendants' Third Supplemental Response to Quest Diagnostics Investments LLC's First Set of Interrogatories (Nos. 2, 8 and 11) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 138 Official Transcript of Teleconference held on 05/15/2020 before Judge Maryellen Noreika. 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 6/15/2020. Redacted Transcript Deadline set for 6/25/2020. Release of Transcript Restriction set for 8/24/2020. (dh) |
| Filing 137 OPENING BRIEF in Support re #136 MOTION to Stay Pending Resolution of Inter Partes Review filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.Answering Brief/Response due date per Local Rules is 6/2/2020. (Attachments: #1 Exhibit A through F, #2 Proposed Order, #3 Certificate of Service)(Liston, Ian) |
| Filing 136 MOTION to Stay Pending Resolution of Inter Partes Review - filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Certificate of Service)(Liston, Ian) Modified on 5/19/2020 (dlw). |
| Filing 135 REDACTED VERSION of #133 Letter by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) Modified on 5/19/2020 (dlw). |
| Filing 134 REDACTED VERSION of #132 Letter by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 5/19/2020 (dlw). |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Discovery Dispute Telephone Conference held on 5/15/2020 re Letters ( #132 , #133 ). The transcript shall serve as the Court's ruling. (Court Reporter Dale Hawkins.) (mdb) |
| Filing 133 [SEALED] Letter to The Honorable Maryellen Noreika from Ian R. Liston regarding Defendants' Response to Plaintiff's Request for an Order Regarding Discovery - re #132 Letter. (Attachments: #1 Exhibit)(Liston, Ian) |
| Filing 132 [SEALED] Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Quest's initial discovery dispute letter. (Dorsney, Kenneth) |
| Filing 131 NOTICE OF SERVICE of Defendants' Second Supplemental Response to Quest Diagnostics Investments LLC's First Set of Interrogatories (No. 1) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
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Filing 130
SO ORDERED re [129-1] Stipulation and Order for Extension of Time (Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 7/2/2020. Opening Expert Reports due by 7/31/2020. Rebuttal Expert Reports due by 9/4/2020. Reply Expert Reports due by 9/25/2020. Expert Discovery due by 11/13/2020. Dispositive Motions due by 12/15/2020. Answering Brief due 1/15/2021. Reply Brief due 2/5/2021. A Pretrial Conference is set for 7/6/2021 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 10-day Jury Trial is set for 7/12/2021 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika). SEE STIPULATION FOR THE COURT'S GUIDANCE. Signed by Judge Maryellen Noreika on 5/6/2020. (dlw)
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| Filing 129 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding scheduling dispute. (Attachments: #1 Stipulation)(Dorsney, Kenneth) |
| Filing 128 NOTICE OF SERVICE of Defendants' Responses and Objections to Quest Diagnostics Investments LLC's First Set of Requests for Admissions (Nos. 1-31) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
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Filing 127
ORAL ORDER Setting Teleconference - After having been advised by the parties of their inability to resolve a discovery dispute(s), IT IS HEREBY ORDERED that a Discovery Dispute Telephone Conference is set for 05/15/2020 at 03:00 PM before Judge Maryellen Noreika. The opening letter(s) (not to exceed three (3) pages) is due on 05/11/2020 and the responsive letter(s) (not to exceed three (3) pages) is due on 05/12/2020. The dial-in information for this teleconference is to be determined. ORDERED by Judge Maryellen Noreika on 4/28/2020. (dlw)
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| Filing 126 NOTICE OF SERVICE of Defendants' Responses and Objections to Quest Diagnostics Investments LLC's Third Set of Interrogatories (Nos. 15-18) and Defendants' Responses and Objections to Quest Diagnostics Investments LLC's Fourt Set of Requests for Production of Documents, ESI and Things (Nos. 85-105) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 125 NOTICE OF SERVICE of (1) Quest's responses to Defendants' Second Set of Interrogatories; and (2) Quest's responses to Defendants' Second Set of Requests for Production filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 124 Amended NOTICE of Document and Deposition Subpoenas to Voon Ong by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Exhibit Corrected Subpoena to Produce Documents, Information, or Objects, #2 Exhibit Corrected Subpoena to Appear for Deposition)(Liston, Ian) |
| Filing 123 Amended NOTICE of Document Subpoena to Thermo Fisher Scientific Inc. by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects)(Liston, Ian) |
| Filing 122 Amended NOTICE of Document and Deposition Subpoenas to Voon Ong by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects, #2 Exhibit Subpoena to Appear for Deposition)(Liston, Ian) |
| Filing 121 Amended NOTICE of Document and Deposition Subpoenas to Joseph Takarewski by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects, #2 Exhibit Subpoena to Testify at Deposition)(Liston, Ian) |
| Filing 120 NOTICE of Document Subpoena to Thermo Fisher Scientific Inc. by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects)(Liston, Ian) |
| Filing 119 NOTICE of Document and Deposition Subpoenas to Joseph Takarewski by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects, #2 Exhibit Subpoena to Appear for Deposition)(Liston, Ian) |
| Filing 118 NOTICE of Document and Deposition Subpoenas to Voon Ong by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Attachments: #1 Exhibit Subpoena to Produce Documents, Information, or Objects, #2 Exhibit Subpoena to Appear for Deposition)(Liston, Ian) |
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Filing 117
SO ORDERED re #116 STIPULATION TO EXTEND TIME - Scheduling Order Deadlines (Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 5/8/2020. Opening Expert Reports due by 6/5/2020. Rebuttal Expert Reports due by 7/10/2020. Reply Expert Reports due by 7/31/2020. Expert Discovery due by 9/18/2020. Dispositive Motions due by 10/23/2020. Answering Brief due 11/20/2020. Reply Brief due 12/22/2020. A 10-day Jury Trial is set for 5/10/2021 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika). SEE STIPULATION FOR THE COURT'S GUIDANCE. Signed by Judge Maryellen Noreika on 3/23/2020. (dlw)
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| Filing 116 STIPULATION TO EXTEND TIME Various Dates to see stipulation - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 115 NOTICE OF SERVICE of Defendants' Responses and Objections to Quest Diagnostics Investments LLC's Notice of Rule 30(b)(6) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 114 NOTICE OF SERVICE of Quest's Objections to Defendants' First Notice of 30(b)(6) Deposition filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 113 NOTICE OF SERVICE of (1) Quest's Third Set of Interrogatories to Defendants (Nos. 15-18); (2) Quest's Fourth Set of Requests for Production to Defendants (Nos. 85-105); and (3) Quest's First Set of Requests for Admission to Defendants (Nos. 1-31) filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 112 NOTICE OF SERVICE of Subpoenas to Gloria Kwangja Lee to Produce Documents by March 20, 2020 and to Appear for Deposition on March 27, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Subpoena to Produce Documents, #2 Subpoena to Appear for Deposition)(Liston, Ian) Modified on 3/5/2020 (dlw). |
| Filing 111 NOTICE OF SERVICE of Subpoenas to Darren Carns to Produce Documents by March 18, 2020 and to Appear for Deposition on March 25, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Subpoena to Produce Documents, #2 Subpoena to Appear for Deposition)(Liston, Ian) Modified on 3/5/2020 (dlw). |
| Filing 110 NOTICE OF SERVICE of Defendants' Second Set of Requests for Production to Plaintiff (Nos. 76-101) and Defendants' Second Set of Interrogatories (Nos. 14-17) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) Modified on 3/4/2020 (dlw). |
| Filing 109 NOTICE OF SERVICE of Defendants' Supplemental Initial Disclosures Pursuant to Fed. R. Civ. R. 26(a)(1) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 108 NOTICE OF SERVICE of Subpoenas to Gloria Kwang-Ja Lee to Produce Documents by March 13, 2020 and to Appear for Deposition on March 20, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Exhibit 1: Subpoena to Produce Documents, #2 Exhibit 2: Subpoena to Appear for Deposition)(Liston, Ian) |
| Filing 107 NOTICE OF SERVICE of Subpoenas to Darren Carns to Produce Documents by March 6, 2020 and to Appear for Deposition on March 13, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 1: Subpoena to Produce Documents, #2 2: Subpoena to Appear for Deposition)(Liston, Ian) |
| Filing 106 NOTICE to Take Deposition of Plaintiff Quest Diagnostic Investments LLC pursuant to Rule 30(b)(6) on March 6, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 105 NOTICE to Take Deposition of Nigel Clarke on March 16, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 104 NOTICE to Take Deposition of Michael Caulfield on March 17, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 103 NOTICE to Take Deposition of Anne Caston-Balderrama on March 6, 2020 filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 102 NOTICE to Take Deposition of Heather Tabangcura on March 6, 2020 filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 101 NOTICE of 30(b)(6) Deposition Notice of Defendants Laboratory Corporation of America Holdings, Esoterix, Inc. and Endocrine Sciences, Inc. by Quest Diagnostics Investments LLC (Dorsney, Kenneth) |
| Filing 100 NOTICE to Take Deposition of Russell Grant filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 99 NOTICE to Take Deposition of Walt Chandler filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 98 NOTICE to Take Deposition of Brett Holmquist filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
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Filing 97
MEMORANDUM ORDER REGARING CLAIM CONSTRUCTION. Signed by Judge Maryellen Noreika on 1/14/2020. (dlw)
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| Filing 96 Official Transcript of Markman hearing held on January 7, 2020 before Judge Noreika. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@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 2/4/2020. Redacted Transcript Deadline set for 2/14/2020. Release of Transcript Restriction set for 4/13/2020. (vjg) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Markman Hearing held on 1/7/2020. (Court Reporter Val Gunning.) (mdb) |
| Filing 95 REDACTED VERSION of #89 Joint Claim Construction Appendix Volume III with Exhibits H-P by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) Modified on 12/13/2019 (dlw). |
| Filing 94 REDACTED VERSION of #88 Joint Claim Construction Appendix Volume II by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Exhibit G, Part 1 of 2 (Public Version), #2 Exhibit G, Part 2 of 2 (Public Version))(Liston, Ian) Modified on 12/13/2019 (dlw). |
| Filing 93 REDACTED VERSION of #87 Joint Claim Construction Appendix Volume I with Exhibits A-F by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) Modified on 12/13/2019 (dlw). |
| Filing 92 REDACTED VERSION of #81 Joint Claim Construction Brief by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) Modified on 12/13/2019 (dlw). |
| Filing 91 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding the remaining disputed claim terms. (Dorsney, Kenneth) |
| Filing 90 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Claim Reduction. (Dorsney, Kenneth) |
| Filing 89 [SEALED] JOINT CLAIM CONSTRUCTION APPENDIX Volume III by Quest Diagnostics Investments LLC. (Attachments: #1 Exhibit H-P)(Dorsney, Kenneth) Modified on 12/6/2019 (dlw). |
| Filing 88 [SEALED] JOINT CLAIM CONSTRUCTION APPENDIX Volume II by Quest Diagnostics Investments LLC. (Attachments: #1 Exhibit G part 1, #2 Exhibit G part 2)(Dorsney, Kenneth) Modified on 12/6/2019 (dlw). |
| Filing 87 JOINT CLAIM CONSTRUCTION APPENDIX Volume I by Quest Diagnostics Investments LLC. (Attachments: #1 Exhibit A-F)(Dorsney, Kenneth) Modified on 12/6/2019 (dlw). (Main Document 87 replaced on 12/6/2019) (dlw). |
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Filing 86
ORAL ORDER - IT IS HEREBY ORDERED that on or before 12/11/2019, local and lead counsel for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the joint claim construction brief. The Court recognizes and appreciates the parties' efforts to date to narrow the number of disputed terms. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. ORDERED by Judge Maryellen Noreika on 12/5/2019. (dlw)
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Filing 85
ORAL ORDER re #82 Letter - IT IS HEREBY ORDERED that the 12/18/2019 2:00 PM Markman Hearing is RESET for 1/7/2020 at 1:00 PM. The Court is setting aside three (3) hours for the hearing with the time to be split equally between the parties (Set/Reset Scheduling Order Deadlines: A Markman Hearing is set for 1/7/2020 at 01:00 PM in Courtroom 4A before Judge Maryellen Noreika). ORDERED by Judge Maryellen Noreika on 12/5/2019. (dlw)
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SO ORDERED re #84 STIPULATION TO EXTEND TIME to file appedix to joint claim construction brief to December 5, 2019. ORDERED by Judge Maryellen Noreika on 12/5/2019. (dlw)
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| Filing 84 STIPULATION TO EXTEND TIME to file appedix to joint claim construction brief to December 5, 2019 - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 12/5/2019 (dlw). |
| Filing 83 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Enclosing copies of Technology Tutorial. (Dorsney, Kenneth) |
| Filing 82 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Markman hearing. (Dorsney, Kenneth) |
| Filing 81 [SEALED] JOINT CLAIM CONSTRUCTION BRIEF by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 12/5/2019 (dlw). |
| Filing 80 NOTICE of Lodging of Defendants' Technology Tutorial with Certificate of Service by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Liston, Ian) |
| Filing 79 NOTICE of LabCorp's Surreply Claim Construction Brief by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Liston, Ian) |
| Filing 78 NOTICE OF SERVICE of LabCorps Answering Claim Construction Brief; Declaration of Deborah French, PH.D., In Support of Defendant LabCorps Answering Claim Construction Brief; and Exhibits K-M filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 77 Official Transcript of Motion Hearing held on 9/08/2019 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Telephone number 302-450-6913. 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 11/12/2019. Redacted Transcript Deadline set for 11/22/2019. Release of Transcript Restriction set for 1/20/2020. (dh) |
| Filing 76 NOTICE OF SERVICE of Defendants Responses and Objections to Quest Diagnostics Investments LLCs Second Set of Interrogatories (NOS. 12-14); and Defendants Responses and Objections to Quest Diagnostics Investments LLCs Third Set of Requests for Production of Documents, ESI, and Things (NOS. 75-84) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 75 Amended Exhibit A to Joint Claim Construction Chart by Quest Diagnostics Investments LLC. Amendment to #72 Statement. (Dorsney, Kenneth) Modified on 10/2/2019 (dlw). |
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Filing 74
ORDER re #72 Joint Claim Chart (Volume I); #73 Joint Claim Chart (Volume II) - IT IS HEREBY ORDERED that on or before 10/1/2019, the parties shall resubmit Exhibit A in substantially the same form as the sample attached hereto identifying no more than a total of ten (10) terms to be argued at the Markman hearing. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 9/26/2019. (dlw)
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| CORRECTING ENTRY: Attachment #1, Exhibit A to D.I. 72 has been replaced on the docket at the request of counsel. (dlw) |
| Filing 73 Joint Claim Construction Chart (Volume II) by Quest Diagnostics Investments LLC. (Attachments: #1 Exhibit G - Part 2, #2 Exhibit H, #3 Exhibit I)(Dorsney, Kenneth) Modified on 9/26/2019 (dlw). |
| Filing 72 Joint Claim Construction Chart (Volume I) by Quest Diagnostics Investments LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - Part 1)(Dorsney, Kenneth) Modified on 9/26/2019 (dlw). (Attachment 1 replaced on 9/26/2019) (dlw). |
| Filing 71 NOTICE OF SERVICE of Defendants Identification of Claim Terms for Construction and Preliminary Constructions filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 70 NOTICE OF SERVICE of Quest's Initial Proposed Claim Terms for Construction filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 9/18/2019. The Defendants' Motion for Judgment on the Pleadings ( #26 ) is DENIED. Discovery disputes argued ( #62 , #63 , #64 , #65 ); The transcript shall serve as the Court's ruling. (Court Reporter Dale Hawkins.) (mdb) |
| Filing 69 NOTICE OF SERVICE of (1) Second set of interrogatories and (2) Third set of requests for production filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
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Filing 68
ORAL ORDER Resetting Hearing on #26 MOTION for Judgment on the Pleadings - The Motion Hearing currently set for 9/17/2019 PM is RESET for 9/18/2019 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 9/12/2019. (dlw)
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Filing 67
ORAL ORDER Resetting Hearing on #26 MOTION for Judgment on the Pleadings - The Motion Hearing currently set for 9/16/2019 is RESET for 9/17/2019 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 9/11/2019. (dlw)
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| Filing 66 REDACTED VERSION of #63 Letter by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Certificate of Service)(Liston, Ian) Modified on 9/5/2019 (dlw). |
| Filing 65 Letter to The Honorable Maryellen Noreika from Ian R. Liston regarding Defendants Opposition to Plaintiff's Request for Relief Under Protective Order - re #62 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Liston, Ian) |
| Filing 64 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Quest's Responsive Discovery Dispute Letter. (Dorsney, Kenneth) |
| Filing 63 [SEALED] Letter to The Honorable Maryellen Noreika from Ian R. Liston regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Certificate of Service)(Liston, Ian) |
| Filing 62 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Discovery Dispute - re Oral Order,,. (Dorsney, Kenneth) |
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ORAL ORDER: After having been advised by the parties of their inability to resolve a discovery dispute, IT IS HEREBY ORDERED that the opening letter (not to exceed three (3) pages) is due on 8/23/19 and the responsive letter (not to exceed three (3) pages) is due on 8/27/19. The Court may or may not hear the discovery dispute at the upcoming hearing on Defendants 101 Motion scheduled for September 16, 2019, but the parties should be prepared to address the discovery dispute at that hearing. Ordered by Judge Maryellen Noreika on 8/20/2019. (asw)
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SO ORDERED - re #61 STIPULATION TO EXTEND TIME Various dates document production and claim construction deadlines. (Claim Construction Opening Brief due by 10/9/2019., Claim Construction Answering Brief due by 10/24/2019., Claim Construction Reply Brief due by 11/8/2019. See Stipulation for more details). ORDERED by Judge Maryellen Noreika on 8/19/2019. (mdb)
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| Filing 61 STIPULATION TO EXTEND TIME Various dates document production and claim construction deadlines to Various - See Stipulation - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
| Filing 60 NOTICE OF SERVICE of Defendants' Amended and Supplemental Responses to Quest Diagnostics Investments LLCs First Set of Interrogatories (NOS. 1, 5, and 7) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 59 REDACTED VERSION of #55 Letter by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) Modified on 8/9/2019 (dlw). |
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Filing 58
ORAL ORDER Setting Hearing on #26 MOTION for Judgment on the Pleadings: A Motion Hearing is set for 9/16/2019 at 11:00 AM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside two (2) hours for argument with the time to be split equally between the parties. ORDERED by Judge Maryellen Noreika on 8/7/2019. (dlw)
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| Filing 57 REDACTED VERSION of #54 Letter by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 8/7/2019 (dlw). |
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Filing 56
ORAL ORDER - Having reviewed the parties' letters #54 , #55 , IT IS HEREBY ORDERED that: (i) Defendants shall supplement their responses to Interrogatory Nos. 5 and 7 by August 9, 2019 as they have previously agreed to do; (ii) the parties shall meet and confer to discuss an appropriate date for supplementation of Interrogatory Nos. 10 and 11 after the substantial completion of document production; and (iii) the teleconference scheduled for today is CANCELLED. ORDERED by Judge Maryellen Noreika on 8/5/10. (dlw)
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| Filing 55 [SEALED] Letter to the Honorable Maryellen Noreika from Ian R. Liston regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Liston, Ian) Modified on 8/1/2019 (dlw). |
| Filing 54 [SEALED] Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Plaintiff's initial discovery dispute letter. (Dorsney, Kenneth) |
| Filing 53 NOTICE OF SERVICE of (1) Quest's responses to Defendants' First Set of Interrogatories (Nos. 1-13); and (2) Quest's responses to Defendants' First Set of Requests for Production (Nos. 1-75) filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 52 NOTICE OF SERVICE of Defendants Responses and Objections to Quests Diagnostics Investments LLCs Second Set of Requests for Production of Documents, ESI and Things (NOS. 65-74) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 51 NOTICE OF SERVICE of Plaintiff's Second Set of Requests for Production to Defendants (Nos. 65-74) filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 50 NOTICE OF SERVICE of Defendants' First Set of Requests for Production to Plaintiff (NOS. 1-75) and Defendants' First Set of Interrogatories (NOS. 1-13) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
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Filing 49
ORAL ORDER Setting Teleconference - After having been advised by the parties of their inability to resolve a discovery dispute, IT IS HEREBY ORDERED that a Discovery Dispute Telephone Conference is set for 8/5/2019 at 02:00 PM before Judge Maryellen Noreika. The opening letter (not to exceed three (3) pages) is due on 7/30/2019 and the responsive letter (not to exceed three (3) pages) is due on 7/31/2019. All parties wishing to join the call shall do so by individually dialing into 302-573-4545 not earlier than 1:55 PM. ORDERED by Judge Maryellen Noreika on 6/11/2019. (dlw)
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| Filing 48 NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 47 REDACTED VERSION of #43 Letter by Quest Diagnostics Investments LLC. (Attachments: #1 Exhibits A - D, #2 Exhibit E Part 1, #3 Exhibit E Part 2, #4 Exhibit E Part 3, #5 Exhibit E Part 4, #6 Exhibit E Part 5, #7 Exhibit E Part 6)(Dorsney, Kenneth) Modified on 5/10/2019 (dlw). |
| Filing 46 AMENDED DOCUMENT by Quest Diagnostics Investments LLC. Amendment to #15 Answer to Counterclaim // Plaintiff Quest Diagnostics Investments LLC's Amended Answer to Defendants' Answer and Counterclaims. (Dorsney, Kenneth) Modified on 5/9/2019 (dlw). |
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Filing 45
ORAL ORDER re #43 Letter, #44 Letter - Having reviewed the parties' letters and related materials, IT IS HEREBY ORDERED that: (1) Plaintiff's request for leave to amend its answer to defendants' counterclaims to add a defense of assignor estoppel is GRANTED. Rule 15(a)(2) of the Federal Rules of Civil Procedure provides that "[t]he court should freely give leave [to amend] when justice so requires." Additionally leave to amend should be granted absent a showing of "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of the allowance of the amendment, futility of the amendment, etc." Foman v. Davis, 371 U.S. 178, 182 (1962). This case is in its early stages and Plaintiff's request is timely and (2) the Court will address Defendants' motion for judgment on the pleadings #26 with respect to U.S. Patent No. 8,409,862 in due course. IT IS FURTHER ORDERED that the teleconference scheduled for May 8, 2019 at 2:00 PM is CANCELLED. ORDERED by Judge Maryellen Noreika on 5/8/18. (dlw).
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| Filing 44 Letter to the Honorable Maryellen Noreika from Ian R. Liston regarding Discovery Dispute - re #43 Letter, 34 Order Setting Teleconference,,. (Attachments: #1 Exhibit E. Carlson email to K. McGann, #2 Exhibit E. Majchrzak email to E. Carlson)(Liston, Ian) |
| Filing 43 [SEALED] Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Motion to Amend Answer to Defendants Answer and Counterclaims - re 34 Order Setting Teleconference,,. (Dorsney, Kenneth) |
| Filing 42 NOTICE OF SERVICE of Plaintiff Quest Diagnostics Investments LLC's Paragraph 4(c) Disclosures filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 41 REQUEST for Oral Argument by Quest Diagnostics Investments LLC re #26 MOTION for Judgment on the Pleadings . (Dorsney, Kenneth) |
| Filing 40 REPLY BRIEF re #26 MOTION for Judgment on the Pleadings filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 39 REDACTED VERSION of #36 Declaration by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 3/26/2019 (dlw). |
| Filing 38 REDACTED VERSION of #35 Answering Brief in Opposition by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 3/26/2019 (dlw). |
| Filing 37 DECLARATION Leonard J. Chyall re #35 Answering Brief in Opposition by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 3/20/2019 (dlw). |
| Filing 36 [SEALED] DECLARATION of Eric Majchrzak re #35 Answering Brief in Opposition by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 3/20/2019 (dlw). |
| Filing 35 [SEALED] ANSWERING BRIEF in Opposition re #26 MOTION for Judgment on the Pleadings filed by Quest Diagnostics Investments LLC.Reply Brief due date per Stipulation is 4/5/2019. (Dorsney, Kenneth) Modified on 3/20/2019 (dlw). |
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Filing 34
ORAL ORDER Setting Teleconference - After having been advised by the parties of their inability to resolve a discovery dispute, IT IS HEREBY ORDERED that a Discovery Dispute Telephone Conference is set for 5/8/2019 at 02:00 PM before Judge Maryellen Noreika. The opening letter (not to exceed three (3) pages) is due on 5/3/2019 and the responsive letter (not to exceed three (3) pages) is due on 5/6/2019. Plaintiff is to initiate the call to Chambers once all parties are on the line- 302-573-4559. ORDERED by Judge Maryellen Noreika 3/18/2019. (dlw)
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Filing 33
ORAL ORDER Setting Teleconference: A Telephone Conference is set for 3/11/2020 at 11:30 AM Eastern Time before Judge Mary Pat Thynge. Defense counsel shall initiate the teleconference call. Ordered by Judge Mary Pat Thynge on 3/12/19. (cak)
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| Filing 32 NOTICE OF SERVICE of Defendants' Responses and Objections to Quest Diagnostics Investments LLC's First Set of Interrogatories (Nos. 1-11); and Defendants' Responses and Objections to Quest Diagnostics Investments LLC's First Set of Requests for Production of Documents, ESI, and Things (Nos. 1-64) filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
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Filing 31
ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 3/11/2019 at 3:00 PM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 2/26/19. (cak)
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| Filing 30 STIPULATION TO EXTEND TIME for Plaintiff to file its Opposition to Defendants' Motion for Judgment on the Pleadings and for Defendants to file its Reply Brief in support to March 19, 2019 and April 5, 2019, respectively - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
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SO ORDERED re #30 STIPULATION TO EXTEND TIME (Set Briefing Schedule: re #26 MOTION for Judgment on the Pleadings - Answering Brief due 3/19/2019; Reply Brief due 4/5/2019). ORDERED by Judge Maryellen Noreika on 2/21/2019. (dlw)
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| Filing 29 NOTICE OF SERVICE of Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 28 NOTICE OF SERVICE of Plaintiff Quest Diagnostics Investments LLC's Paragraph 3 Disclosures filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 27 OPENING BRIEF in Support re #26 MOTION for Judgment on the Pleadings filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.Answering Brief/Response due date per Local Rules is 2/26/2019. (Liston, Ian) |
| Filing 26 MOTION for Judgment on the Pleadings - filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
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Filing 25
PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 2/8/2019. (dlw)
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| Filing 24 PROPOSED ORDER // Protective Order by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 2/8/2019 (dlw). |
| Filing 23 NOTICE OF SERVICE of (1) First set of Interrogatories (Nos. 1-11) and (2) First set of Requests for Production (Nos. 1-64) filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 22 NOTICE OF SERVICE of Quest Diagnostics Investments LLC's Paragraph 4(a) Disclosures filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Filing 21 STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to February 8, 2019 - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
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SO ORDERED re #21 STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to February 8, 2019. ORDERED by Judge Maryellen Noreika on 1/25/2019. (dlw)
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| Filing 20 NOTICE OF SERVICE of Defendants Laboratory Corporation of America Holdings, Esoterix, Inc., and Endocrine Sciences, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings.(Liston, Ian) |
| Filing 19 NOTICE OF SERVICE of Plaintiff Quest Diagnostics Investments LLC's Rule 26(a)(1) Initial Disclosures filed by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
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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 11/8/2019. Amended Pleadings due by 11/8/2019. Fact Discovery completed by 4/3/2020. Opening Expert Reports due by 5/1/2020. Rebuttal Expert Reports due by 5/29/2020. Reply Expert Reports due by 6/19/2020. Expert Discovery due by 8/7/2020. Dispositive Motions due by 9/18/2020. Answering Brief due 10/16/2020. Reply Brief due 11/13/2020. Claim Construction Opening Brief served by 9/20/2019. Claim Construction Answering Brief served by 10/11/2019. Claim Construction Reply Brief served by 11/1/2019. Claim Construction Surreply Brief served by 11/22/2019. Joint Claim Construction Brief filed by 12/4/2019. A Markman Hearing is set for 12/18/2019 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 3/22/2021 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 10-Jury Trial is set for 3/29/2021 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. The actual number of trial days will be determined closer to trial. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Maryellen Noreika on 1/15/2019. (dlw)
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| 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 17 PROPOSED ORDER // Scheduling Order by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) Modified on 1/14/2019 (dlw). (Main Document 17 replaced on 1/15/2019) (dlw). |
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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 12/13/2018. (dlw)
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| Pro Hac Vice Attorney Edward G. Poplawski for Endocrine Sciences, Inc., Esoterix, Inc., and Laboratory Corporation of America Holdings 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) |
| Filing 15 ANSWER to #11 Answer to Complaint, Counterclaim by Quest Diagnostics Investments LLC.(Dorsney, Kenneth) |
| Pro Hac Vice Attorney Erik J. Carlson,Matias Ferrario,Olivia M. Kim for Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings 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. (lak) |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Matias Ferrario - filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Edward G. Poplawski, Olivia M. Kim and Erik J. Carlson - filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Laboratory Corporation of America Holdings for Endocrine Sciences, Inc., Esoterix, Inc. filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 11 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Quest Diagnostics Investments LLC by Esoterix, Inc., Laboratory Corporation of America Holdings, Endocrine Sciences, Inc..(Liston, Ian) |
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SO ORDERED re #14 MOTION for Pro Hac Vice Appearance of Attorney Matias Ferrario, #13 MOTION for Pro Hac Vice Appearance of Attorney Edward G. Poplawski, Olivia M. Kim and Erik J. Carlson filed by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. ORDERED by Judge Maryellen Noreika on 11/21/2018. (dlw)
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| Pro Hac Vice Attorney Melanie M. Mayer, Adam Gahtan, Eric M. Majchrzak, Kevin X. McGann, Elizabeth Hagan for Quest Diagnostics Investments LLC 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 MOTION for Pro Hac Vice Appearance of Attorney Adam Gahtan, Attorney Elizabeth B. Hagan, Attorney Eric M. Majchrzak, Attorney Melanie L. Mayer, and Attorney Kevin X. McGann - filed by Quest Diagnostics Investments LLC. (Dorsney, Kenneth) |
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SO ORDERED re #10 MOTION for Pro Hac Vice Appearance of Attorney Adam Gahtan, Attorney Elizabeth B. Hagan, Attorney Eric M. Majchrzak, Attorney Melanie L. Mayer, and Attorney Kevin X. McGann filed by Quest Diagnostics Investments LLC. ORDERED by Judge Maryellen Noreika on 10/9/2018. (dlw)
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| Filing 9 STIPULATION To Extend Time to Answer the Complaint by Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings. (Liston, Ian) |
| Filing 8 NOTICE of Appearance by Ian Robert Liston on behalf of Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings (Liston, Ian) |
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SO ORDERED re #9 Stipulation to Extend Time (Set/Reset Answer Deadlines: Endocrine Sciences, Inc. answer due 11/23/2018; Esoterix, Inc. answer due 11/23/2018; Laboratory Corporation of America Holdings answer due 11/23/2018). ORDERED by Judge Maryellen Noreika on 10/4/2018. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 7 SUMMONS Returned Executed by Quest Diagnostics Investments LLC. Endocrine Sciences, Inc. served on 9/18/2018, answer due 10/9/2018. (Dorsney, Kenneth) |
| Filing 6 SUMMONS Returned Executed by Quest Diagnostics Investments LLC. Esoterix, Inc. served on 9/18/2018, answer due 10/9/2018. (Dorsney, Kenneth) |
| Filing 5 SUMMONS Returned Executed by Quest Diagnostics Investments LLC. Laboratory Corporation of America Holdings served on 9/18/2018, answer due 10/9/2018. (Dorsney, Kenneth) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Quest Diagnostics Incorporated, Other Affiliate BlackRock, Inc., Other Affiliate Vanguard Group for Quest Diagnostics Investments LLC filed by Quest Diagnostics Investments LLC. (nmg) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,409,862 B2 ;8,101,427 B2 ;7,972,867 B2 ;7,972,868 B2. (nmg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Filing 1 COMPLAINT filed with Jury Demand against Endocrine Sciences, Inc., Esoterix, Inc., Laboratory Corporation of America Holdings - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2460889.) - filed by Quest Diagnostics Investments LLC. (Attachments: #1 Exhibit A-D, #2 Civil Cover Sheet)(nmg) |
| Summons Issued with Magistrate Consent Notice attached as to Endocrine Sciences, Inc. on 9/17/2018; Esoterix, Inc. on 9/17/2018; Laboratory Corporation of America Holdings on 9/17/2018. 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. (nmg) |
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