MED-EL Elektromedizinische Gerate Ges.m.b.H. et al v. Advanced Bionics, LLC
Plaintiff: MED-EL Elektromedizinische Gerate Ges.m.b.H. and MED-EL Corporation, USA
Defendant: Advanced Bionics, LLC
Counter Defendant: Advanced Bionics AG and Sonova AG
Case Number: 1:2018cv01530
Filed: October 3, 2018
Court: US District Court for the District of Delaware
Presiding Judge: Maryellen Noreika
Referring Judge: Joshua D Wolson
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2020 Opinion or Order Filing 77 NOTICE OF SERVICE of MED-EL's Reply Claim Construction Brief and the Declaration of Sharona S. Sternberg in support thereof filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
February 19, 2020 Opinion or Order Filing 76 ORDER, Setting Teleconference: A Telephonic Status Conference is set for 4/24/2020 at 09:30 AM before Judge Elizabeth T. Hey. A dial-in number will be provided to the court by counsel for the plaintiff. Signed by Judge Elizabeth T. Hey on 2/19/2020. (lak)
February 19, 2020 Opinion or Order Minute Entry for proceedings held before Judge Elizabeth T. Hey - Telephonic Pretrial Conference held on 2/19/2020. *The Clerk of Court is directed to retain Judge Hey on the Docket for settlement purposes. (lak)
February 18, 2020 Opinion or Order Filing 75 ORDER Setting Teleconference: A Telephonic Status Conference is set for 2/19/2020 at 09:30 AM before Judge Elizabeth T. Hey. A dial-in number will be provided to the court by counsel for the plaintiff. Signed by Judge Elizabeth T. Hey on 2/13/2020. (nmg)
February 12, 2020 Opinion or Order Remark: Case no longer referred to Chief Magistrate Judge Mary Pat Thynge for mediation. (cak)
February 10, 2020 Opinion or Order Filing 74 NOTICE of Change to Firm Name and Address by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. (Haynes, Christine)
February 10, 2020 Opinion or Order Filing 73 NOTICE OF SERVICE of Advanced Bionics, LLC, Advanced Bionics AG, and Sonova AG's Amended Initial Disclosures and Advanced Bionics, LLC, Advanced Bionics AG, and Sonova AG's Amended Disclosures Pursuant to Paragraphs 3 and 4(a) of the Court's Default Standard for Discovery filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Mayo, Andrew)
January 31, 2020 Opinion or Order Filing 72 NOTICE OF SERVICE of Advanced Bionics' Responsive Claim Construction Brief and Declaration of Hari Santhanam in Support of Advanced Bionics' Responsive Claim Construction Brief filed by Advanced Bionics AG, Sonova AG.(Mayo, Andrew)
January 31, 2020 Opinion or Order Filing 71 ORAL ORDER, The Technology Tutorial scheduled for March 19, 2020 at 10:30 AM and the Markman Hearing scheduled for March 19, 2020, at 1:30 PM will each be held in Courtroom 3B before The Honorable Joshua D. Wolson at U.S. District Court, 601 Market Street, Philadelphia, PA 19106. Signed by Judge Joshua D. Wolson on 1/31/2020. (lak)
January 22, 2020 Opinion or Order Filing 70 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Wednesday, February 11, 2020, by email to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, as well as opposing counsel, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. Ordered by Chief Magistrate Judge Mary Pat Thynge on 1/22/20. (cak)
January 16, 2020 Opinion or Order Filing 69 ORDER, Within fourteen (14) days of this Order, the Parties shall meet and confer to set aside dates to hold open for depositions before the close of discovery. A technology tutorial will be held on March 19, 2020 at 10:30 a.m. in Room 3809, United States District Court, 601 Market Street, Philadelphia, PA 19106; The Markman hearing scheduled for March 27, 2020, is RESCHEDULED forMarch 19, 2020, at 1:30 p.m. in Room 3809, United States District Court, 601 Market Street, Philadelphia, PA 19106. This case is referred to Magistrate Judge Elizabeth T. Hey for purposes of conducting settlement proceedings, as Judge Hey deems appropriate. See Order for further details and deadlines. Signed by Judge Joshua D. Wolson on 1/16/2020. (lak)
January 15, 2020 Opinion or Order Minute Entry for proceedings held before Judge Joshua D. Wolson - Telephone Conference held on 1/15/2020. (amf)
January 13, 2020 Opinion or Order Filing 68 ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 1/15/2020 at 03:00 PM before Judge Joshua D. Wolson. Signed by Judge Joshua D. Wolson on 1/13/2020. (amf)
December 30, 2019 Opinion or Order Filing 67 NOTICE OF SERVICE of MED-EL's Opening Claim Construction and Declaration of Sharona S. Sternberg filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
December 20, 2019 Opinion or Order Filing 66 ORDER: DESIGNATION OF DISTRICT JUDGE, designating and assigning the Honorable Joshua D. Wolson of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge D. Brooks Smith, Chief Judge of the United States Court of Appeals for the Third Circuit on 12/19/19.
December 20, 2019 Opinion or Order Case Reassigned to Joshua D. Wolson of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (JDW) after the case number on all documents filed. (gvw)
December 19, 2019 Opinion or Order SO ORDERED re #65 Stipulation and Order Extending Time (Set/Reset Scheduling Order Deadlines: Claim Construction Opening Brief served by 12/30/2019. Claim Construction Answering Brief served by 1/31/2020. Claim Construction Reply Brief served by 2/14/2020. Claim Construction Surreply Brief served by 2/28/2020. Joint Claim Construction Brief filed by 3/6/2020). ORDERED by Judge Maryellen Noreika on 12/19/2019. (dlw)
December 18, 2019 Opinion or Order Filing 65 STIPULATION and [Proposed] Order Extending Time regarding claim construction schedule by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H.. (Cottrell, Frederick)
December 18, 2019 Opinion or Order Filing 64 Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding claim terms - re #63 Order,,. (Cottrell, Frederick)
December 11, 2019 Opinion or Order Filing 63 ORDER re #60 Claim Construction Chart - IT IS HEREBY ORDERED that the Markman hearing will be narrowed. On or before 12/18/2019, the parties shall submit a joint letter identifying no more than a total of ten (10) terms to be argued at the hearing. Argument and decision on the rest of the terms at the Markman stage is DENIED. In connection with dispositive motion briefing, the parties may brief any terms identified in the Joint Claim Construction Chart that have not been addressed but that the parties contend still require construction. Signed by Judge Maryellen Noreika on 12/11/2019. (dlw)
December 6, 2019 Opinion or Order Filing 62 Joint APPENDIX Volume II, Exhibits AA-KK re #60 Claim Construction Chart by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. (Attachments: #1 Exhibit AA-KK)(Cottrell, Frederick) Modified on 12/10/2019 (dlw).
December 6, 2019 Opinion or Order Filing 61 Joint APPENDIX Volume I, Exhibits A-Z re #60 Claim Construction Chart by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. (Attachments: #1 Exhibit A-Z)(Cottrell, Frederick) Modified on 12/10/2019 (dlw).
December 6, 2019 Opinion or Order Filing 60 CLAIM Construction Chart by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H.. (Cottrell, Frederick)
November 26, 2019 Opinion or Order Filing 59 ANSWER to #56 Answer to Counterclaim, by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Balick, Steven)
November 19, 2019 Opinion or Order Filing 58 NOTICE OF SERVICE of MED-EL Elektromedizinische Gerate and MED-EL Corporation, USA's Amended Invalidity Contentions filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
November 12, 2019 Opinion or Order Filing 57 NOTICE OF SERVICE of MED-EL's core technical documents filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
November 6, 2019 Opinion or Order CORRECTING ENTRY: D.I. 55 has been replaced on the docket to correct the pretrial conference and trial dates in the body of the Order. (dlw)
November 5, 2019 Opinion or Order Filing 56 ANSWER to #49 Answer to Complaint,, Counterclaim, , COUNTERCLAIM against Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG by MED-EL Elektromedizinische Gerate Ges.m.b.H., MED-EL Corporation, USA.(Cottrell, Frederick)
November 4, 2019 Opinion or Order Filing 55 AMENDED SCHEDULING ORDER: Fact Discovery completed by 7/6/2020. Opening Expert Reports due by 7/27/2020. Rebuttal Expert Reports due by 8/27/2020. Reply Expert Reports due by 9/17/2020. Expert Discovery due by 10/19/2020. A Status Conference is set for 10/30/2020 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika Dispositive Motions due by 11/16/2020. Answering Brief due 12/11/2020. Reply Brief due 12/21/2020. Claim Construction Opening Brief served by 12/20/2019. Claim Construction Answering Brief served by 1/24/2020. Claim Construction Reply Brief served by 2/4/2020. Claim Construction Surreply Brief served by 2/21/2020. Joint Claim Construction Brief filed by 2/28/2020. A Markman Hearing is set for 3/27/2020 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 4/30/2021 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 10-day Jury Trial is set for 5/10/2021 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 11/4/2019. (dlw) (Main Document 55 replaced on 11/6/2019) (dlw).
November 4, 2019 Opinion or Order CORRECTING ENTRY: Attachment #1 to D.I. 54 has been replaced with a version of the Proposed Scheduling Order that uses Judge Noreika's updated form. (dlw)
October 28, 2019 Opinion or Order Filing 54 Letter to Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Joint Status Report in accordance with Court's October 3, 2019 Oral Order. (Attachments: #1 Text of Proposed Order)(Cottrell, Frederick) (Attachment 1 replaced on 11/4/2019) (dlw).
October 21, 2019 Opinion or Order SO ORDERED re #53 STIPULATION TO EXTEND TIME to respond to Advanced Bionics LLC, Advanced Bionics AG, and Sonova AG's First Amended Counterclaims to November 5, 2019 (Set/Reset Answer Deadlines: MED-EL Corporation, USA answer due 11/5/2019; MED-EL Elektromedizinische Gerate Ges.m.b.H. answer due 11/5/2019). ORDERED by Judge Maryellen Noreika on 10/21/2019. (dlw)
October 18, 2019 Opinion or Order Filing 53 STIPULATION TO EXTEND TIME to respond to Advanced Bionics LLC, Advanced Bionics AG, and Sonova AG's First Amended Counterclaims to November 5, 2019 - filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H.. (Haynes, Christine)
October 9, 2019 Opinion or Order Filing 52 NOTICE OF SERVICE of Advanced Bionics' Objections and Responses to MED-EL's Second Set of Interrogatories (No. 11) filed by Advanced Bionics, LLC.(Mayo, Andrew)
October 8, 2019 Opinion or Order Filing 51 NOTICE OF SERVICE of Counterclaim-Plaintiffs Advanced Bionics, LLC, Advanced Bionics AG, and Sonova AG's Second Amended Initial Infringement Contentions filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Mayo, Andrew)
October 8, 2019 Opinion or Order Filing 50 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,155,746; 7,267,847. (Mayo, Andrew) Modified on 10/8/2019 (dlw).
October 8, 2019 Opinion or Order Filing 49 Amended ANSWER to #1 Complaint, with Jury Demand, FIRST AMENDED COUNTERCLAIM against MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG. (Attachments: #1 Exhibit 1-17)(Mayo, Andrew) Modified on 10/8/2019 (dlw).
October 8, 2019 Opinion or Order Filing 48 STIPULATION Regarding Case Schedule by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H.. (Haynes, Christine)
October 8, 2019 Opinion or Order SO ORDERED re #48 Stipulation Regarding Case Schedule. IT IS HEREBY ORDERED that the dates for claim construction are hereby VACATED. The parties shall propose a revised case schedule on or before 10/28/2019. ORDERED by Judge Maryellen Noreika on 10/8/2019. (dlw)
October 7, 2019 Opinion or Order Filing 47 NOTICE OF SERVICE of Response to Second Set of Requests for Production of Documents and Things (Nos. 62-73) and Response to Second Set of Interrogatories (Nos. 8-17) filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
October 3, 2019 Opinion or Order Filing 46 ORAL ORDER re #38 Letter, #39 Letter - Having reviewed the parties' submissions, IT IS HEREBY ORDERED that Defendant's request for leave to amend its counterclaim is GRANTED. The parties shall meet and confer to discuss: (1) any changes to the schedule required by the amendment and (2) procedures for narrowing the claims and defenses in the case and shall submit a joint status report regarding those issues on or before October 28, 2019. IT IS FURTHER ORDERED that the teleconference set for 10/3/2019 at 2:00 PM is CANCELLED. ORDERED by Judge Maryellen Noreika on 10/3/2019. (mdb)
September 25, 2019 Opinion or Order Filing 45 SO ORDERED re #44 Stipulation Regarding Case Schedule (Set/Reset Scheduling Order Deadlines: Claim Construction Opening Brief served by 10/25/2019. Claim Construction Answering Brief served by 11/25/2019. Claim Construction Reply Brief served by 12/9/2019. Claim Construction Sur-Reply Brief served by 12/23/2019. Joint Claim Construction Brief filed by 12/30/2019). Signed by Judge Maryellen Noreika on 9/25/2019. (dlw)
September 25, 2019 Opinion or Order Filing 44 STIPULATION Regarding Case Schedule by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H.. (Haynes, Christine)
September 13, 2019 Opinion or Order Filing 43 NOTICE OF SERVICE of Advanced Bionics, LLC, Advanced Bionics AG and Sonova AG's Proposed Terms for Constructions and Initial Proposed Constructions filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Mayo, Andrew)
September 13, 2019 Opinion or Order Filing 42 NOTICE OF SERVICE of MED-EL's Preliminary List of Claim Terms for Construction and Proposed Constructions filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
September 9, 2019 Opinion or Order Filing 41 NOTICE OF SERVICE of Second Set of Interrogatories filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
September 6, 2019 Opinion or Order Filing 40 NOTICE OF SERVICE of Advanced Bionics, LLC, Advanced Bionics AG and Sonova AG's Second Set of Interrogatories to MED-EL (Nos. 8-17), Second Set of Requests for Production of Documents and Things (Nos. 62-73); and Amended Initial Infringement Contentions filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Mayo, Andrew)
September 5, 2019 Opinion or Order Filing 39 Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Response to Defendants' Request for Leave to Amend their Counterclaims - re #38 Letter. (Cottrell, Frederick)
August 23, 2019 Opinion or Order Filing 38 Letter to The Honorable Maryellen Noreika from Steven J. Balick regarding Defendants' Request for Leave to Amend their Counterclaims. (Attachments: #1 Exhibit 1, #2 Exhibit 2-8)(Mayo, Andrew)
August 21, 2019 Opinion or Order Filing 37 ORAL ORDER setting a telephone conference: After having been advised by the parties of their inability to resolve a dispute concerning the defendant's request to amend their counterclaims, IT IS HEREBY ORDERED that a telephone conference is set for 10/3/2019 at 02:00 PM before Judge Maryellen Noreika. The opening letter (not to exceed three (3) pages) is due on 8/23/2019 and the responsive letter (not to exceed three (3) pages) is due on 9/5/2019. 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 8/21/2019. (mdb)
July 19, 2019 Opinion or Order Filing 36 NOTICE OF SERVICE of Defendant Advanced Bionics, LLC's Initial Invalidity Contentions filed by Advanced Bionics, LLC.(Mayo, Andrew)
July 19, 2019 Opinion or Order Filing 35 NOTICE OF SERVICE of MED-EL Elektroedizinische Gerate Ges.m.b.H. and MED-EL Corporation, USA's Initial Invalidity Contentions filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
July 5, 2019 Opinion or Order Filing 34 NOTICE OF SERVICE of Advanced Bionics' Objections and Responses to MED-EL's First Set of Interrogatories (Nos. 1-10) and Advanced Bionics' Objections and Responses to MED-EL's First Set of Requests for Production of Documents (Nos. 1-96) filed by Advanced Bionics, LLC.(Mayo, Andrew)
June 19, 2019 Opinion or Order Filing 33 NOTICE OF SERVICE of Counterclaim-Plaintiffs Advanced Bionics, LLC, Advanced Bionics AG, And Sonova AG's Initial Infringement Contentions filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Mayo, Andrew)
June 19, 2019 Opinion or Order Filing 32 NOTICE OF SERVICE of Initial Claim Charts filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Haynes, Christine)
June 19, 2019 Opinion or Order Filing 31 NOTICE of Appearance by Christine Dealy Haynes on behalf of MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. (Haynes, Christine)
June 19, 2019 Opinion or Order Filing 30 NOTICE of Withdrawal of Sara M. Metzler as Counsel for Plaintiffs and Counterclaim Defendants by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. (Metzler, Sara)
June 5, 2019 Opinion or Order Filing 29 NOTICE OF SERVICE of MED-EL Elektromedizinische Gerate Ges.m.b.H. and MED-EL Corporation, USA's (1) First Set of Requests for the Production of Documents to Advanced Bionics, LLC, Advanced Bionics AG, and Sonova AG and (2) First Set of Interrogatories to Advanced Bionics, LLC, Advanced Bionics AG, and Sonova AG filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Metzler, Sara)
June 4, 2019 Opinion or Order Filing 28 NOTICE OF SERVICE of (1) MED-EL's Response to Advanced Bionics' First Set of Requests for Production of Documents and Things (Nos. 1-61); (2) MED-EL's Response to Advanced Bionics' First Set of Requests for Admission to MED-EL (Nos. 1-22); and (3) MED-EL's Response to Advanced Bionics' First Set of Interrogatories to MED-EL (Nos. 1-7) filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Metzler, Sara)
May 20, 2019 Opinion or Order Filing 27 NOTICE OF SERVICE of Advanced Bionics, LLC's Disclosures Pursuant to Paragraph 7(b) of the Court's Scheduling Order filed by Advanced Bionics, LLC.(Mayo, Andrew)
May 20, 2019 Opinion or Order Filing 26 NOTICE OF SERVICE of Med-Els core technical documents and sales figures for the accused products filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Metzler, Sara)
April 25, 2019 Opinion or Order Filing 25 NOTICE OF SERVICE of (i) Advanced Bionics' First Set of Interrogatories to Med-El (Nos. 1-7); (ii) Advanced Bionics' First Set of Requests for Production of Documents and Things (Nos. 1-61); and (iii) Advanced Bionics' First Set of Requests for Admission to Med-El (Nos. 1-22) filed by Advanced Bionics, LLC.(Mayo, Andrew)
April 22, 2019 Opinion or Order Filing 24 NOTICE OF SERVICE of Plaintiffs and Counterclaim Defendants MED-EL Elektromedizinische Gerte Ges.m.b.H. and MED-EL Corporation, USA's Identification of Accused Products and Asserted Patents filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Metzler, Sara)
April 19, 2019 Opinion or Order Filing 23 NOTICE OF SERVICE of Disclosures pursuant to Paragraphs 3 and 4(a) of the Court's Default Standard for Discovery filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Mayo, Andrew)
April 8, 2019 Opinion or Order Filing 22 PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 4/8/2019. (dlw)
April 8, 2019 Opinion or Order Filing 21 PROPOSED ORDER // Agreed Protective Order Regarding the Disclosure and Use of Discovery Materials by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. (Attachments: #1 Exhibit A)(Cottrell, Frederick) Modified on 4/8/2019 (dlw).
March 25, 2019 Opinion or Order Filing 20 STIPULATION Seeking to Extend the Deadline by which the Parties Must Submit a Proposed Protective Order, by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG. (Balick, Steven)
March 25, 2019 Opinion or Order SO ORDERED re #20 Stipulation. The deadline by which the parties must submit a proposed protective order is extended through and including 4/8/2019. ORDERED by Judge Maryellen Noreika on 3/25/2019. (dlw)
March 20, 2019 Opinion or Order Filing 19 NOTICE OF SERVICE of Advanced Bionics, LLC, Advanced Bionics AG, and Sonova AG's Initial Disclosures filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Mayo, Andrew)
March 20, 2019 Opinion or Order Filing 18 NOTICE OF SERVICE of Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and Section 3 of the Delaware Default Standards for Discovery filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H..(Cottrell, Frederick)
March 14, 2019 Opinion or Order Filing 17 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/19/2019. Amended Pleadings due by 8/19/2019. Fact Discovery completed by 6/5/2020. Opening Expert Reports due by 6/26/2020. Rebuttal Expert Reports due by 7/27/2020. Reply Expert Reports due by 8/17/2020. Expert Discovery due by 9/16/2020. Dispositive Motions due by 10/14/2020. Claim Construction Opening Brief served by 10/11/2019. Claim Construction Answering Brief served by 11/11/2019. Claim Construction Reply Brief served by 11/25/2019. Claim Construction Surreply Brief served by 12/9/2019. Joint Claim Construction Brief filed by 12/16/2019. A Markman Hearing is set for 1/24/2020 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 3/2/2021 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 10 day Jury Trial is set for 3/15/2021 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 3/14/2019. (dlw)
March 14, 2019 Opinion or Order 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)
March 13, 2019 Opinion or Order Filing 16 Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding joint proposed scheduling order. (Attachments: #1 Text of Proposed Order)(Cottrell, Frederick)
February 11, 2019 Opinion or Order Filing 15 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 2/11/2019. (dlw)
February 11, 2019 Opinion or Order Pro Hac Vice Attorneys Sharona H. Sternberg and Kerry L. Timbers for MED-EL Corporation, USA and MED-EL Elektromedizinische Gerate Ges.m.b.H. 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. (ddp)
February 8, 2019 Opinion or Order Filing 14 ANSWER to #13 Answer to Counterclaim, by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG.(Balick, Steven)
January 18, 2019 Opinion or Order Filing 13 ANSWER to #8 Answer to Complaint,, Counterclaim, , COUNTERCLAIM against Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG by MED-EL Elektromedizinische Gerate Ges.m.b.H., MED-EL Corporation, USA.(Cottrell, Frederick)
December 10, 2018 Opinion or Order Filing 12 STIPULATION TO EXTEND TIME for Plaintiffs to move, answer or otherwise respond to Defendant's Counterclaims to and including January 18, 2019 - filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H.. (Cottrell, Frederick)
December 10, 2018 Opinion or Order SO ORDERED re #12 STIPULATION TO EXTEND TIME for Plaintiffs to move, answer or otherwise respond to Defendant's Counterclaims to and including January 18, 2019 (Set/Reset Answer Deadlines: MED-EL Corporation, USA answer due 1/18/2019; MED-EL Elektromedizinische Gerate Ges.m.b.H. answer due 1/18/2019). ORDERED by Judge Maryellen Noreika on 12/10/2018. (dlw)
December 4, 2018 Opinion or Order Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Kerry L. Timbers and Sharona H. Sternberg - filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H.. (Metzler, Sara)
December 4, 2018 Opinion or Order SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Kerry L. Timbers and Sharona H. Sternberg filed by MED-EL Elektromedizinische Gerate Ges.m.b.H., MED-EL Corporation, USA. ORDERED by Judge Maryellen Noreika on 12/4/2018. (dlw)
November 29, 2018 Opinion or Order Filing 10 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,761,681 ;8,155,747 ;7,076,308 ;8,270,647 . (Balick, Steven)
November 29, 2018 Opinion or Order Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Advanced Bionics AG for Advanced Bionics, LLC; Corporate Parent Sonova Holdings AG for Sonova AG; Corporate Parent Sonova AG for Advanced Bionics AG filed by Advanced Bionics AG, Advanced Bionics, LLC, Sonova AG. (Balick, Steven)
November 29, 2018 Opinion or Order Pro Hac Vice Attorney Hari Santhanam for Advanced Bionics, 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. (ceg)
November 29, 2018 Opinion or Order Pro Hac Vice Attorney Marcus E. Sernal for Advanced Bionics, 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)
November 28, 2018 Opinion or Order Filing 8 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. by Advanced Bionics, LLC, Advanced Bionics AG, and Sonova AG. (Attachments: #1 Exhibit 1-11)(Balick, Steven) Modified on 11/29/2018 (dlw).
November 28, 2018 Opinion or Order Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Marcus E. Sernel and Hari Santhanam - filed by Advanced Bionics, LLC. (Mayo, Andrew)
November 28, 2018 Opinion or Order SO ORDERED re #7 MOTION for Pro Hac Vice Appearance of Attorney Marcus E. Sernel and Hari Santhanam filed by Advanced Bionics, LLC. ORDERED by Judge Maryellen Noreika on 11/28/2018. (dlw)
October 18, 2018 Opinion or Order Filing 6 STIPULATION TO EXTEND TIME to Respond to the Complaint to November 28, 2018, - filed by Advanced Bionics, LLC. (Balick, Steven)
October 18, 2018 Opinion or Order SO ORDERED re #6 STIPULATION TO EXTEND TIME to Respond to the Complaint to November 28, 2018 (Set/Reset Answer Deadlines: Advanced Bionics, LLC answer due 11/28/2018). ORDERED by Judge Maryellen Noreika on 10/18/2018. (dlw)
October 10, 2018 Opinion or Order Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
October 5, 2018 Opinion or Order Filing 5 SUMMONS Returned Executed by MED-EL Elektromedizinische Gerate Ges.m.b.H., MED-EL Corporation, USA. Advanced Bionics, LLC served on 10/4/2018, answer due 10/25/2018. (Cottrell, Frederick)
October 3, 2018 Opinion or Order Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MED-EL for MED-EL Corporation, USA filed by MED-EL Corporation, USA, MED-EL Elektromedizinische Gerate Ges.m.b.H. (crb)
October 3, 2018 Opinion or Order Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US RE46,057 ;US 8,634,909. (crb)
October 3, 2018 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (crb)
October 3, 2018 Opinion or Order Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Advanced Bionics, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2473292.) - filed by MED-EL Elektromedizinische Gerate Ges.m.b.H., MED-EL Corporation, USA. (Attachments: #1 Exhibit A - B, #2 Civil Cover Sheet)(crb)
October 3, 2018 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to Advanced Bionics, LLC on 10/3/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (crb)

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Search for this case: MED-EL Elektromedizinische Gerate Ges.m.b.H. et al v. Advanced Bionics, LLC
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Defendant: Advanced Bionics, LLC
Represented By: Andrew Colin Mayo
Represented By: Hari Santhanam
Represented By: Steven J. Balick
Represented By: Marcus E. Sernal
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Plaintiff: MED-EL Elektromedizinische Gerate Ges.m.b.H.
Represented By: Frederick L. Cottrell, III
Represented By: Sara M. Metzler
Represented By: Sharona H. Sternberg
Represented By: Kerry L. Timbers
Represented By: Christine Dealy Haynes
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Plaintiff: MED-EL Corporation, USA
Represented By: Frederick L. Cottrell, III
Represented By: Sara M. Metzler
Represented By: Sharona H. Sternberg
Represented By: Kerry L. Timbers
Represented By: Christine Dealy Haynes
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Counter defendant: Advanced Bionics AG
Represented By: Steven J. Balick
Represented By: Andrew Colin Mayo
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Counter defendant: Sonova AG
Represented By: Steven J. Balick
Represented By: Andrew Colin Mayo
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