Waters Corporation et al v. Agilent Technologies Inc.
| Waters Technologies Corporation and Waters Corporation |
| Agilent Technologies Inc. |
| 1:2018cv01450 |
| September 18, 2018 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2019. A more recent docket listing may be available from PACER.
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| Filing 49 STIPULATION TO EXTEND TIME to Submit Proposed Scheduling Order to March 4, 2019 - filed by Agilent Technologies Inc.. (Shandler, Chad) |
SO ORDERED re #49 STIPULATION TO EXTEND TIME to Submit Proposed Scheduling Order to March 4, 2019. ORDERED by Judge Maryellen Noreika on 2/22/2019. (dlw)
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SO ORDERED re #48 Stipulation. (Set/Reset Answer Deadlines: Agilent Technologies Inc. answer due 2/27/2019). Motions terminated: #30 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter; #39 MOTION for Leave to File a Sur-Reply in Opposition to Agilent's Motion to Dismiss or, in the Alternative, to Transfer. ORDERED by Judge Maryellen Noreika on 2/13/2019. (dlw)
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Filing 48
STIPULATION and Order Withdrawing Motion to Dismiss and Extending Time to Answer Complaint by Agilent Technologies Inc.. (Shandler, Chad)
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| Pro Hac Vice Attorney Jeffrey A. Miller for Waters Corporation and Waters Technologies Corporation 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 #47 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey A. Miller filed by Waters Corporation, Waters Technologies Corporation. ORDERED by Judge Maryellen Noreika on 1/31/2019. (dlw)
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| Filing 47 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey A. Miller - filed by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) |
| Filing 46 NOTICE requesting Clerk to remove Katie J.L. Scott as co-counsel. Reason for request: no longer working on matter. (Pascale, Karen) |
| Pro Hac Vice Attorney James K. Stronski for Agilent Technologies 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. (lak) |
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Filing 45
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 1/25/2019. (dlw)
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| Filing 44 REPLY to Response to Motion re #39 MOTION for Leave to File a Sur-Reply in Opposition to Agilent's Motion to Dismiss or, in the Alternative, to Transfer filed by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) |
| Filing 43 RESPONSE to Motion re #39 MOTION for Leave to File a Sur-Reply in Opposition to Agilent's Motion to Dismiss or, in the Alternative, to Transfer filed by Agilent Technologies Inc.. (Hunter, Travis) |
| Set Reply Brief Deadline - re #39 MOTION for Leave to File a Sur-Reply in Opposition to Agilent's Motion to Dismiss or, in the Alternative, to Transfer - Reply Brief due date per Local Rules is 1/16/2019. (dlw) |
| Filing 42 REDACTED VERSION of #38 Exhibit to a Document by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) |
| Filing 41 STATEMENT -- Plaintiffs' Request for Judicial Notice by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Attachment to Plaintiffs' Request for Judicial Review)(Pascale, Karen) Modified on 1/3/2019 (dlw). |
| Filing 40 Official Transcript of Hearing held on 12/21/2018 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Telephone number 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 1/24/2019. Redacted Transcript Deadline set for 2/4/2019. Release of Transcript Restriction set for 4/3/2019. (dh) |
| Set Answering Brief Deadline re #39 MOTION for Leave to File a Sur-Reply in Opposition to Agilent's Motion to Dismiss or, in the Alternative, to Transfer - Answering Brief/Response due date per Local Rules is 1/16/2019. (dlw) |
| Filing 39 MOTION for Leave to File a Sur-Reply in Opposition to Agilent's Motion to Dismiss or, in the Alternative, to Transfer - filed by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Pascale, Karen) Modified on 1/3/2019 (dlw). |
| Filing 38 [SEALED] EXHIBIT re #37 Letter by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) |
| Filing 37 Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding license agreement and amendment requested at December 21, 2018 hearing. (Pascale, Karen) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Oral Argument on the plaintiffs' Motion for Preliminary Injunction held on 12/21/2018. The Court will take the matter under consideration and issue a ruling in due course. (Court Reporter Dale Hawkins.) (mdb) |
| Filing 36 STATEMENT -- Request For Judicial Notice by Agilent Technologies Inc.. (Attachments: #1 Attachment to Request for Judicial Notice)(Shandler, Chad) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 12/19/2018. The Court raised potential conflicts with the parties. Neither plaintiffs nor defendant had any issue with Judge Noreika remaining assigned to the case. (Court Reporter Dale Hawkins.) (mdb) |
| Filing 35 REPLY BRIEF re #30 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Agilent Technologies Inc.. (Attachments: #1 Exhibit A)(Hunter, Travis) |
| Filing 34 DECLARATION of Katie J. Scott re #33 Answering Brief in Opposition by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Exhibit 1 - 8)(Pascale, Karen) Modified on 12/10/2018 (dlw). |
| Filing 33 ANSWERING BRIEF in Opposition re #30 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Waters Corporation, Waters Technologies Corporation.Reply Brief due date per Local Rules is 12/14/2018. (Pascale, Karen) |
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SO ORDERED re #32 Stipulation (Set Briefing Schedule: re #30 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - Answering Brief due 12/7/2018, Reply Brief due 12/14/2018). ORDERED by Judge Maryellen Noreika on 11/27/2018. (dlw)
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| Filing 32 Joint STIPULATION and [Proposed] Order Regarding Briefing Schedule by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) |
| Filing 31 OPENING BRIEF in Support re #30 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Agilent Technologies Inc..Answering Brief/Response due date per Local Rules is 11/30/2018. (Hunter, Travis) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Agilent Technologies Inc.. (Attachments: #1 Text of Proposed Order)(Hunter, Travis) |
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ORDER Setting Oral Argument on #7 MOTION for Preliminary Injunction: An Oral Argument is set for 12/21/2018 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. Each side will be given one hour of argument time for a total of two hours of argument. ORDERED by Judge Maryellen Noreika on 11/13/2018. (dlw)
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| Filing 29 Letter to The Honorable Maryellen Noreika from Chad M. Shandler regarding case status. (Shandler, Chad) |
| CORRECTING ENTRY: At the request of counsel, the PDF associated with D.I. 10 has been deleted from the docket. In order to preserve the sequence of the D.I. numbers, the Court has replaced the PDF with a slip sheet directing people to D.I. 27 for the corrected version. This note also appears in the docket text. (dlw) |
| Filing 28 Letter to The Honorable Maryellen Noreika from Karen L. Pascale regarding request for oral argument - re #7 MOTION for Preliminary Injunction . (Pascale, Karen) |
| Filing 27 Corrected DECLARATION of Jamie Rose re #7 MOTION for Preliminary Injunction by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) Modified on 11/6/2018 (dlw). |
| Pro Hac Vice Attorney Anne E. Li for Agilent Technologies 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. (lak) |
| Filing 26 MOTION for Pro Hac Vice Appearance of Attorney Anne Elise Herold Li, James K. Stronski and Chiemi Suzuki - filed by Agilent Technologies Inc.. (Hunter, Travis) |
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SO ORDERED re #26 MOTION for Pro Hac Vice Appearance of Attorney Anne Elise Herold Li, James K. Stronski and Chiemi Suzuki filed by Agilent Technologies Inc. ORDERED by Judge Maryellen Noreika on 10/31/2018. (dlw)
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| Pro Hac Vice Attorney Chiemi D. Suzuki for Agilent Technologies 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. (lak) |
| Filing 25 Supplemental DECLARATION of Jamie Rose re #23 Reply Brief by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) Modified on 10/30/2018 (dlw). |
| Filing 24 DECLARATION of David McMullen re #23 Reply Brief by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Exhibit 8)(Pascale, Karen) Modified on 10/30/2018 (dlw). |
| Filing 23 REPLY BRIEF re #7 MOTION for Preliminary Injunction filed by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) |
| Pro Hac Vice Attorney David McMullen,Matthew M. Wolf,Katie J.L. Scott,Jennifer A. Sklenar for Waters Corporation, Waters Technologies Corporation 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 22 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Agilent Technologies Inc.. (Shandler, Chad) |
| Filing 21 DECLARATION of Richard Bruce Van Breemen (Volume II) re #18 Answering Brief in Opposition by Agilent Technologies Inc. (Shandler, Chad) Modified on 10/23/2018 (dlw). |
| Filing 20 DECLARATION of Richard Bruce Van Breemen (Volume I) re #18 Answering Brief in Opposition by Agilent Technologies Inc. (Attachments: #1 Exhibit 1-6)(Shandler, Chad) Modified on 10/23/2018 (dlw). |
| Filing 19 DECLARATION of Sergy Vlasenko re #18 Answering Brief in Opposition by Agilent Technologies Inc. (Attachments: #1 Exhibit A)(Shandler, Chad) Modified on 10/23/2018 (dlw). |
| Filing 18 ANSWERING BRIEF in Opposition re #7 MOTION for Preliminary Injunction filed by Agilent Technologies Inc..Reply Brief due date per Local Rules is 10/29/2018. (Shandler, Chad) |
| Filing 17 NOTICE of Appearance by Chad Michael Shandler on behalf of Agilent Technologies Inc. (Shandler, Chad) |
| Filing 16 NOTICE of Appearance by Travis Steven Hunter on behalf of Agilent Technologies Inc. (Hunter, Travis) |
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SO ORDERED re #15 Unopposed MOTION for Extension of Time (Set/Reset Answer Deadlines: Agilent Technologies Inc. answer due 11/16/2018) (Set Briefing Schedule: re #7 MOTION for Preliminary Injunction - Answering Brief due 10/22/2018). ORDERED by Judge Maryellen Noreika on 10/17/2018. (dlw)
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint - filed by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Text of Proposed Order)(Pascale, Karen) Modified on 10/17/2018 (dlw). |
| Filing 14 CERTIFICATE OF SERVICE of (1) Motion for Preliminary Injunction (D.I. 7); (2) Opening Brief in Support of Motion for Preliminary Injunction (D.I. 8); (3) Declaration of David McMullen in Support of Motion for Preliminary Injunction (D.I. 9); (4) Declaration of Jamie Rose in Support of Motion for Preliminary (D.I. 10); (5) Declaration of Ed Grover in Support of Motion for Preliminary Injunction (D.I. 11); (6) Declaration of Jennifer Fournier in Support of Motion for Preliminary Injunction (D.I. 12); and (7) Declaration of Darryl Brousmiche in Support of Motion for Preliminary Injunction (D.I. 13), by Waters Corporation, Waters Technologies Corporation re #7 MOTION for Preliminary Injunction (Attachments: #1 Exhibit A)(Pascale, Karen) |
| Filing 13 DECLARATION of Darryl Brousmiche re #7 MOTION for Preliminary Injunction by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Exhibit 1 - 8)(Pascale, Karen) Modified on 10/9/2018 (dlw). |
| Filing 12 DECLARATION of Jennifer Fournier re #7 MOTION for Preliminary Injunction by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Exhibit 1 - 4)(Pascale, Karen) Modified on 10/9/2018 (dlw). |
| Filing 11 DECLARATION of Ed Grover re #7 MOTION for Preliminary Injunction by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) Modified on 10/9/2018 (dlw). |
| Filing 10 DECLARATION of Jamie Rose re #7 MOTION for Preliminary Injunction by Waters Corporation, Waters Technologies Corporation. SEE D.I. #27 FOR CORRECTED VERSION OF THIS DECLARATION (Pascale, Karen) Modified on 10/9/2018 (dlw). (Main Document 10 replaced on 11/6/2018) (dlw). |
| Filing 9 DECLARATION of David McMullen re #7 MOTION for Preliminary Injunction by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Exhibit 1 - 5, #2 Exhibit 6, #3 Exhibit 7)(Pascale, Karen) Modified on 10/9/2018 (dlw). |
| Filing 8 OPENING BRIEF in Support re #7 MOTION for Preliminary Injunction filed by Waters Corporation, Waters Technologies Corporation.Answering Brief/Response due date per Local Rules is 10/19/2018. (Pascale, Karen) |
| Filing 7 MOTION for Preliminary Injunction - filed by Waters Corporation, Waters Technologies Corporation. (Attachments: #1 Text of Proposed Order)(Pascale, Karen) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, David McMullen, Jennifer A. Sklenar and Katie J.L. Scott - filed by Waters Corporation, Waters Technologies Corporation. (Pascale, Karen) |
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, David McMullen, Jennifer A. Sklenar and Katie J.L. Scott filed by Waters Corporation, Waters Technologies Corporation. ORDERED by Judge Maryellen Noreika on 10/4/2018. (dlw)
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| Filing 5 SUMMONS Returned Executed by Waters Technologies Corporation, Waters Corporation. Agilent Technologies Inc. served on 9/26/2018, answer due 10/17/2018. (Pascale, Karen) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nms) |
| Summons Issued with Magistrate Consent Notice attached as to Agilent Technologies Inc. on 9/26/2018. (sar) |
| No Summons Issued. (sar) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Waters Corporation for Waters Technologies Corporation filed by Waters Technologies Corporation. (sar) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,658,234. (sar) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Agilent Technologies Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2462269.) - filed by Waters Technologies Corporation, Waters Corporation. (Attachments: #1 Exhibit A-F, #2 Civil Cover Sheet)(sar) |
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