Magnolia Medical Technologies, Inc. v. Kurin, Inc.
Plaintiff: Magnolia Medical Technologies, Inc.
Defendant: Kurin, Inc.
Case Number: 1:2019cv00097
Filed: January 16, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Christopher J Burke
Referring Judge: Colm F Connolly
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2022 Opinion or Order Filing 446 [SEALED] Jury Notes. (kmd)
July 29, 2022 Opinion or Order Filing 445 [SEALED] Jury Attendance List. (kmd)
July 29, 2022 Opinion or Order Filing 444 Phase 2 Admitted Exhibit List. (kmd)
July 29, 2022 Opinion or Order Filing 443 PHASE 2 JURY VERDICT. (kmd)
July 29, 2022 Opinion or Order Filing 442 [SEALED] PHASE 2 JURY VERDICT. (kmd)
July 28, 2022 Opinion or Order Filing 441 REDACTED VERSION of #430 Declaration of Micah G. Block by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-6)(Raucci, Anthony)
July 28, 2022 Opinion or Order Filing 440 REDACTED VERSION of #429 Response to Motion for Leave to Supplement Opening Report of Dr. Antonsson by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 28, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial completed on 7/28/2022. (Court Reporter Bonnie Archer.)(DAY 5) (nmf)
July 27, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial held on 7/27/2022. (Court Reporter Bonnie Archer.)(DAY 4) (nmf)
July 27, 2022 Opinion or Order Filing 439 REDACTED VERSION of #428 Declaration by Kurin, Inc.. (Attachments: #1 Exhibit A-D)(Pedi, Nicole)
July 26, 2022 Opinion or Order Filing 438 Phase 1 Admitted Exhibit List (nmf)
July 26, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial held on 7/26/2022. (Court Reporter Bonnie Archer.)(DAY 3) (nmf)
July 26, 2022 Opinion or Order Filing 437 REDACTED PHASE 1 JURY VERDICT. (nmf)
July 26, 2022 Opinion or Order Filing 436 [SEALED] PHASE 1 JURY VERDICT. (nmf)
July 26, 2022 Opinion or Order Filing 435 [SEALED] Letter to The Honorable Colm F. Connolly from Rodger D. Smith II regarding deposition designation disputes. (Attachments: #1 Attachment 1, #2 Attachment 2)(Smith, Rodger)
July 25, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial held on 7/25/2022. (Court Reporter Bonnie Archer.) (DAY 2) (nmf)
July 22, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial held on 7/22/2022. (DAY 1 - Jury Selection Held) (Court Reporter B. Archer.) (kmd)
July 21, 2022 Opinion or Order Filing 434 REDACTED VERSION of #422 Declaration by Kurin, Inc.. (Attachments: #1 Exhibit 1 - 4)(Pedi, Nicole)
July 21, 2022 Opinion or Order Filing 433 REDACTED VERSION of #424 Declaration by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-8)(Raucci, Anthony)
July 21, 2022 Opinion or Order Filing 432 REDACTED VERSION of #423 MOTION to Exclude Anticipation Defense by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 21, 2022 Opinion or Order Filing 431 MOTION for Pro Hac Vice Appearance of Attorney Mark A. Perry - filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
July 21, 2022 Opinion or Order SO ORDERED, re #431 MOTION for Pro Hac Vice Appearance of Attorney Mark A. Perry, filed by Magnolia Medical Technologies, Inc. Ordered by Judge Colm F. Connolly on 7/21/2022. (kmd)
July 20, 2022 Opinion or Order Filing 430 [SEALED] DECLARATION re #429 Response to Motion -- Declaration of Micah G. Block -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-6)(Smith, Rodger)
July 20, 2022 Opinion or Order Filing 429 [SEALED] RESPONSE to Motion re #421 MOTION for Leave to Supplement Opening Report of Dr. Antonsson filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
July 20, 2022 Opinion or Order Filing 428 [SEALED] DECLARATION re #427 Response to Motion by Kurin, Inc.. (Attachments: #1 Exhibit A - D)(Farnan, Kelly)
July 20, 2022 Opinion or Order Filing 427 RESPONSE to Motion re #423 MOTION to Exclude Anticipation Defense filed by Kurin, Inc.. (Attachments: #1 Certificate of Compliance)(Farnan, Kelly)
July 20, 2022 Opinion or Order Filing 426 STATEMENT re Oral Order -- Glossary of Terms and Names -- by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
July 15, 2022 Opinion or Order SO ORDERED, re #420 Stipulation, filed by Magnolia Medical Technologies, Inc. Ordered by Judge Colm F. Connolly on 7/15/2022. (kmd)
July 15, 2022 Opinion or Order SO ORDERED, re #425 MOTION for Pro Hac Vice Appearance of Attorney Allison Penfield, filed by Kurin, Inc. Ordered by Judge Colm F. Connolly on 7/15/2022. (kmd)
July 15, 2022 Opinion or Order Pro Hac Vice Attorney Ariella C. Barel and Allison C. Penfield for Kurin, 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. (mpb)
July 14, 2022 Opinion or Order Motions No Longer Referred to Judge Burke: #421 MOTION for Leave to Supplement Opening Report of Dr. Antonsson , #423 MOTION to Exclude Anticipation Defense (dlb)
July 14, 2022 Opinion or Order Filing 425 MOTION for Pro Hac Vice Appearance of Attorney Allison Penfield - filed by Kurin, Inc.. (Pedi, Nicole)
July 14, 2022 Opinion or Order Filing 424 [SEALED] DECLARATION re #423 MOTION to Exclude Anticipation Defense by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-8)(Raucci, Anthony)
July 14, 2022 Opinion or Order Filing 423 [SEALED] MOTION to Exclude Anticipation Defense - filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 [Proposed] Order)Motions referred to Christopher J. Burke.(Raucci, Anthony)
July 14, 2022 Opinion or Order Filing 422 [SEALED] DECLARATION re #421 MOTION for Leave to Supplement Opening Report of Dr. Antonsson by Kurin, Inc.. (Attachments: #1 Exhibit 1-4)(Farnan, Kelly)
July 14, 2022 Opinion or Order Filing 421 MOTION for Leave to Supplement Opening Report of Dr. Antonsson - filed by Kurin, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Kelly)
July 14, 2022 Opinion or Order Filing 420 STIPULATION and [Proposed] Order - by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
July 7, 2022 Opinion or Order ORAL ORDER: Jury Selection for this case will take place on Friday, July 22, 2022 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly 7/7/2022. (nmf)
July 5, 2022 Opinion or Order ORAL ORDER: The Proposed Pretrial Order (D.I. Nos. #411 and #412 ) is ADOPTED as modified by the discussion and Court's rulings at the Pretrial Conference. Ordered by Judge Colm F. Connolly on 7/5/2022. (nmf)
July 5, 2022 Opinion or Order ORAL ORDER: On or before July 20, 2022 at noon, the parties shall submit a glossary of terms and names for the court reporter as well as a list of possible witnesses who may appear at trial. Ordered by Judge Colm F. Connolly on 7/5/2022. (nmf)
June 30, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Final Pretrial Conference held on 6/30/2022. (Court Reporter Bonnie Archer.) (nmf)
June 24, 2022 Opinion or Order Filing 419 NOTICE OF SERVICE of Kurins Notice Pursuant to 35 U.S.C. 282 filed by Kurin, Inc..(Farnan, Kelly)
June 16, 2022 Opinion or Order Filing 418 REDACTED VERSION of #412 Proposed Pretrial Order -- Volume 2 -Exs. 15-19 -- by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 16, 2022 Opinion or Order Filing 417 REDACTED VERSION of #411 Proposed Pretrial Order - by Magnolia Medical Technologies, Inc.. (Attachments: #1 Volume 1-Exs. 1-14)(Smith, Rodger)
June 13, 2022 Opinion or Order CORRECTING ENTRY: The pdf of Volume 2 of the Sealed Proposed Pretrial Order filed at D.I. 412 in C.A. 19-97 has been replaced with a corrected pdf to correct some exhibit numbering errors in the opposition brief for Exhibit 19 per request of filer. (nmf)
June 10, 2022 Opinion or Order Filing 416 ORDER granting #406 Joint MOTION for Entry of Partial Judgment of Non-Infringement of U.S. Patent No. 9,855,001 filed by Magnolia Medical Technologies, Inc., JUDGMENT in favor of Kurin, Inc. against Magnolia Medical Technologies, Inc. as to U.S. Patent No. 9,855,001. Signed by Judge Colm F. Connolly on 6/10/2022. (nmf)
June 9, 2022 Opinion or Order Filing 415 Proposed Jury Instructions by Magnolia Medical Technologies, Inc. // Joint Proposed Final Jury Instructions (Phase 2). (Smith, Rodger)
June 9, 2022 Opinion or Order Filing 414 Proposed Jury Instructions by Magnolia Medical Technologies, Inc. // Joint Proposed Final Jury Instructions (Phase 1). (Smith, Rodger)
June 9, 2022 Opinion or Order Filing 413 Proposed Voir Dire by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 9, 2022 Opinion or Order Filing 412 [SEALED] Proposed Pretrial Order -- Volume 2 of 2 (Exs. 15-19) -- by Magnolia Medical Technologies, Inc.. (Smith, Rodger) (Main Document 412 replaced on 6/13/2022) (nmf, ).
June 9, 2022 Opinion or Order Filing 411 [SEALED] Proposed Pretrial Order -- Volume 1 of 2 -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exs. 1-14)(Smith, Rodger)
June 9, 2022 Opinion or Order Filing 410 VERDICT SHEET by Magnolia Medical Technologies, Inc. // Joint Proposed Verdict Form (Phase 2). (Smith, Rodger)
June 9, 2022 Opinion or Order Filing 409 VERDICT SHEET by Magnolia Medical Technologies, Inc. // Joint Proposed Verdict Form (Phase 1). (Smith, Rodger)
June 9, 2022 Opinion or Order Filing 408 Proposed Jury Instructions by Magnolia Medical Technologies, Inc. -- Joint [Proposed] Preliminary Jury Instructions (Phase 2) --. (Smith, Rodger)
June 9, 2022 Opinion or Order Filing 407 Proposed Jury Instructions by Magnolia Medical Technologies, Inc. -- Joint [Proposed] Preliminary Jury Instructions (Phase 1) --. (Smith, Rodger)
June 9, 2022 Opinion or Order Filing 406 Joint MOTION for Entry of Partial Judgment of Non-Infringement of U.S. Patent No. 9,855,001 - filed by Magnolia Medical Technologies, Inc.. Motions referred to Christopher J. Burke.(Smith, Rodger)
June 9, 2022 Opinion or Order Motion No Longer Referred: #406 Joint MOTION for Entry of Partial Judgment of Non-Infringement of U.S. Patent No. 9,855,001 The automatic referral generated by the CM/ECF system has been removed for this motion. (dlb)
April 25, 2022 Opinion or Order Filing 405 Official Transcript of Motion Hearing held on 02/10/2022 before Judge Colm F. Connolly. Court Reporter/Transcriber Bonnie Archer,Email: bonnie_archer@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 5/16/2022. Redacted Transcript Deadline set for 5/26/2022. Release of Transcript Restriction set for 7/25/2022. (Archer, Bonnie)
April 18, 2022 Opinion or Order Pro Hac Vice Attorney Alena Farber for Magnolia Medical 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. (mpb)
April 13, 2022 Opinion or Order Pro Hac Vice Attorney Nicholas Groombridge for Kurin, 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. (srs)
April 11, 2022 Opinion or Order SO ORDERED, re MOTIONS for Pro Hac Vice Appearance of Attorneys #403 Alena Farber, filed by Magnolia Medical Technologies, Inc., and #404 Kripa Raman and Ariella C. Barel, filed by Kurin, Inc. Ordered by Judge Colm F. Connolly on 4/11/2022. (kmd)
April 8, 2022 Opinion or Order Filing 404 MOTION for Pro Hac Vice Appearance of Attorney Kripa Raman and Ariella C. Barel - filed by Kurin, Inc.. (Farnan, Kelly)
April 8, 2022 Opinion or Order Filing 403 MOTION for Pro Hac Vice Appearance of Attorney Alena Farber - filed by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
March 31, 2022 Opinion or Order CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's #Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. 652(b). (Taylor, Daniel)
March 1, 2022 Opinion or Order Filing 402 NOTICE OF SERVICE of the Supplement to Opening Expert Report of Erik K. Antonsson, Ph.D., P.E. filed by Kurin, Inc..(Farnan, Kelly)
February 24, 2022 Opinion or Order ORAL ORDER: The Court has reviewed the parties February 18, 2022 letter (D.I. #401 ) and has concluded that bifurcation will be more fair and efficient than a single-phased trial. This conclusion is premised on Kurin's agreement to dismiss without prejudice its invalidity counterclaims if it prevails on infringement. Now therefore, it is HEREBY ORDERED that the trial will have two phases. The Court will try direct infringement in Phase I and, if necessary, invalidity, willfulness, and damages in Phase II. Ordered by Judge Colm F. Connolly on 2/24/2022. (nmf)
February 18, 2022 Opinion or Order Filing 401 Letter to The Honorable Colm F. Connolly from Rodger D. Smith II regarding status report. (Smith, Rodger)
February 10, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 2/10/2022. (Court Reporter Bonnie Archer.) (nmf)
February 10, 2022 Opinion or Order ORAL ORDER: denying #291 MOTION to Preclude the Reasonable Royalty Rate Opinions and Testimony of Dr. Patrick Kennedy, denying #301 MOTION to exclude testimony of Plaintiff's Damages Expert Elizabeth Dean - (No. 2) , denying #294 MOTION to Preclude the Opinions of Dr. Erik Antonsson that Contradict the Court's Claim Constructions, denying #288 MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) for the reasons stated on the record during the Oral Argument today. Ordered by Judge Colm F. Connolly on 2/10/2022. (nmf)
February 10, 2022 Opinion or Order ORAL ORDER Setting Scheduling Order Deadlines (A Status Report is due 2/18/2022., A Final Pretrial Conference is set for 6/30/2022 at 02:00 PM in Courtroom 4B before Judge Colm F. Connolly., A Jury Trial is set for 7/25/2022 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 2/10/2022. (nmf)
February 1, 2022 Opinion or Order ORAL ORDER: The Court will hear oral arguments on the four pending motions and address the parties' January 31 letter request in Courtroom 4B on Thursday, February 10 at 9 a.m. Ordered by Judge Colm F. Connolly on 2/1/2022. (nmf)
January 31, 2022 Opinion or Order Filing 400 Letter to The Honorable Colm F. Connolly from Rodger D. Smith II regarding request for the scheduling of a teleconference to discuss setting new dates for the pretrial conference and trial. (Smith, Rodger)
January 28, 2022 Opinion or Order Pro Hac Vice Attorneys Joshua Reich, and Catherine Nyarady for Kurin, 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. (twk)
January 27, 2022 Opinion or Order Filing 399 NOTICE OF SUBSTITUTION OF COUNSEL re Kurin, Inc.: Entry of appearance of attorney Kelly E. Farnan. Attorney Kenneth L. Dorsney, Cortlan S. Hitch, and the law firm of Morris James LLP terminated. (Farnan, Kelly)
January 10, 2022 Opinion or Order Filing 398 MOTION for Pro Hac Vice Appearance of Attorney Nicholas Groombridge, Attorney Catherine Nyarady, and Attorney Joshua Reich - filed by Kurin, Inc.. (Dorsney, Kenneth)
January 10, 2022 Opinion or Order SO ORDERED, re #398 MOTION for Pro Hac Vice Appearance of Attorney Nicholas Groombridge, Attorney Catherine Nyarady, and Attorney Joshua Reich, filed by Kurin, Inc. Ordered by Judge Colm F. Connolly on 1/10/2022. (kmd)
November 24, 2021 Opinion or Order Filing 397 NOTICE requesting Clerk to remove Louis Wai as co-counsel.. (Dorsney, Kenneth)
October 28, 2021 Opinion or Order Pro Hac Vice Attorney Serge A. Voronov for Magnolia Medical 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. (srs)
October 27, 2021 Opinion or Order Filing 396 ORDER denying #304 Motion for Summary Judgment ; denying #308 Motion for Summary Judgment. Signed by Judge Colm F. Connolly on 10/27/2021. (nmf)
October 26, 2021 Opinion or Order Filing 395 ORDER denying #295 Kurin's Motion for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 Due to Indefiniteness. Signed by Judge Colm F. Connolly on 10/26/2021. (nmf)
July 14, 2021 Opinion or Order Filing 394 REDACTED VERSION of #364 Reply Brief by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 393 REDACTED VERSION of #366 Declaration by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 392 REDACTED VERSION of #365 Reply Brief by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 391 REDACTED VERSION of #352 Statement by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 390 REDACTED VERSION of #353 Declaration by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 389 REDACTED VERSION of #350 Answering Brief in Opposition, by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 388 REDACTED VERSION of #345 Statement, by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 387 REDACTED VERSION of #346 Declaration by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 386 REDACTED VERSION of #344 Answering Brief in Opposition, by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 385 REDACTED VERSION of #342 Statement, by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 384 REDACTED VERSION of #343 Declaration by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 383 REDACTED VERSION of #341 Answering Brief in Opposition, by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 382 REDACTED VERSION of #340 Declaration by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 381 REDACTED VERSION of #339 Answering Brief in Opposition, by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 380 REDACTED VERSION of #338 Declaration by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 379 REDACTED VERSION of #337 Answering Brief in Opposition, by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
July 14, 2021 Opinion or Order Filing 378 REDACTED VERSION of #363 Declaration, of Cyndi Claxton in support of Kurin's Reply Brief re Motion for Summary Judgment (No. 3) of noninfringement of all asserted claims due to lack of sequestration by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 377 REDACTED VERSION of #362 Reply Brief in support of Kurin's Motion for Summary Judgment (No. 3) of Noninfringement of all asserted claims due to lack of sequestration by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 376 REDACTED VERSION of #361 Declaration of Cyndi Claxton in support of Kurin's Motion for Summary Judgment (No. 2) of No Enhanced Damages by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 375 REDACTED VERSION of #360 Reply Brief in support of Kurin's Motion for Summary Judgment (No. 2) of No Enhanced Damages by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 374 REDACTED VERSION of #359 Declaration of Jacob Zweig in support of Kurin's Reply Brief re Motion for Summary Judgment (No. 1) of invalidity of U.S. Patent No. 9,855,001 due to indefiniteness by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 373 REDACTED VERSION of #358 Reply Brief in support of Kurin's Motion for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 372 REDACTED VERSION of #357 Reply Brief in support of Kurin's Daubert Motion (No. 2) to exclude testimony of Elizabeth Dean by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 371 REDACTED VERSION of #356 Reply Brief in support of Kurin's Daubert Motion (No. 1) to exclude testimony of Dr. Santiago by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 370 REDACTED VERSION of #351 Declaration, of Cyndi Claxton in support of Kurin's opposition to Magnolia's Motion to Exclude the opinions and testimony of Dr. Kennedy by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 369 REDACTED VERSION of #349 Answering Brief in Opposition, to Magnolia's Motion to Exclude opinions and testimony of Dr. Kennedy by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 368 REDACTED VERSION of #348 Declaration of Louis Wai in support of Kurin's opposition to Magnolia's Motion to Exclude the opinions of Dr. Antonsson by Kurin, Inc.. (Dorsney, Kenneth)
July 14, 2021 Opinion or Order Filing 367 REDACTED VERSION of #347 Answering Brief in Opposition, to Magnolia's Motion to Exclude opinions of Dr. Antonsson by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 366 [SEALED] DECLARATION re #365 Reply Brief -- Declaration of Philip T. Sheng -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 4-5)(Smith, Rodger)
June 30, 2021 Opinion or Order Filing 365 [SEALED] REPLY BRIEF re #294 MOTION to Preclude the Opinions of Dr. Erik Antonsson that Contradict the Court's Claim Constructions filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 30, 2021 Opinion or Order Filing 364 [SEALED] REPLY BRIEF re #291 MOTION to Preclude the Reasonable Royalty Rate Opinions and Testimony of Dr. Patrick Kennedy filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 30, 2021 Opinion or Order Filing 363 [SEALED] DECLARATION re #362 Reply Brief in support of Kurin's Motion for Summary Judgment (No. 3) of Noninfringement of all asserted claims due to lack of sequestration (executed by Cyndi Claxton) by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 362 [SEALED] REPLY BRIEF re #308 MOTION for Summary Judgment of non-infringement due to lack of sequestration No. 3 filed by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 361 [SEALED] DECLARATION re #360 Reply Brief in support of Kurin's Motion for Summary Judgment (No. 2) of No Enhanced Damages (executed by Cyndi Claxton) by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 360 [SEALED] REPLY BRIEF re #304 MOTION for Summary Judgment (No. 2) of No Enhanced Damages under 35 U.S.C. 284 filed by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 359 [SEALED] DECLARATION re #358 Reply Brief in support of Kurin's Motion for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness (executed by Jacob Zweig) by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 358 [SEALED] REPLY BRIEF re #295 MOTION for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness filed by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 357 [SEALED] REPLY BRIEF re #301 MOTION to exclude testimony of Plaintiff's Damages Expert Elizabeth Dean - (No. 2) filed by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2021 Opinion or Order Filing 356 [SEALED] REPLY BRIEF re #288 MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) filed by Kurin, Inc.. (Dorsney, Kenneth)
June 24, 2021 Opinion or Order SO ORDERED, re #355 STIPULATION TO EXTEND TIME for the Parties to file public versions of the answering briefs, reply briefs, and supporting documents concerning their Motions for Summary Judgment and Daubert Motions to July 14, 2021 filed by Kurin, Inc. Signed by Judge Colm F. Connolly on 6/24/2021. (fms)
June 23, 2021 Opinion or Order Filing 355 STIPULATION TO EXTEND TIME for the Parties to file public versions of the answering briefs, reply briefs, and supporting documents concerning their Motions for Summary Judgment and Daubert Motions to July 14, 2021 - filed by Kurin, Inc.. (Dorsney, Kenneth)
June 18, 2021 Opinion or Order Filing 354 DECLARATION re #344 Answering Brief in Opposition, #350 Answering Brief in Opposition, #341 Answering Brief in Opposition, [of Juan G. Santiago, Ph.D.] by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 353 [SEALED] DECLARATION re #350 Answering Brief in Opposition, [of Kathyrn B. Bi] by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit 1-18)(Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 352 [SEALED] STATEMENT re #310 Statement [Response to Statement of Facts in support of Motion for Summary Judgment No. 3] by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 351 [SEALED] DECLARATION re #349 Answering Brief in Opposition, by Kurin, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Dorsney, Kenneth)
June 18, 2021 Opinion or Order Filing 350 [SEALED] ANSWERING BRIEF in Opposition re #308 MOTION for Summary Judgment of non-infringement due to lack of sequestration No. 3 filed by Magnolia Medical Technologies, Inc..Reply Brief due date per Local Rules is 6/25/2021. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 349 [SEALED] ANSWERING BRIEF in Opposition re #291 MOTION to Preclude the Reasonable Royalty Rate Opinions and Testimony of Dr. Patrick Kennedy filed by Kurin, Inc..Reply Brief due date per Local Rules is 6/25/2021. (Dorsney, Kenneth)
June 18, 2021 Opinion or Order Filing 348 [SEALED] DECLARATION re #347 Answering Brief in Opposition, by Kurin, Inc.. (Attachments: #1 Exhibit Exhibit A)(Dorsney, Kenneth)
June 18, 2021 Opinion or Order Filing 347 [SEALED] ANSWERING BRIEF in Opposition re #294 MOTION to Preclude the Opinions of Dr. Erik Antonsson that Contradict the Court's Claim Constructions filed by Kurin, Inc..Reply Brief due date per Local Rules is 6/25/2021. (Dorsney, Kenneth)
June 18, 2021 Opinion or Order Filing 346 [SEALED] DECLARATION re #344 Answering Brief in Opposition, -- Declaration of Philip T. Sheng -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-27)(Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 345 [SEALED] STATEMENT re #306 Statement [Plaintiff's Response to Defendant's Concise Statement of Undisputed Facts in Support of Defendant's Motion for Summary Judgment (No. 2) of No Enhanced Damages Under 35 U.S.C. 284] by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 344 [SEALED] ANSWERING BRIEF in Opposition re #304 MOTION for Summary Judgment (No. 2) of No Enhanced Damages under 35 U.S.C. 284 filed by Magnolia Medical Technologies, Inc..Reply Brief due date per Local Rules is 6/25/2021. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 343 [SEALED] DECLARATION re #341 Answering Brief in Opposition, -- Declaration of Serge A. Voronov -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-3)(Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 342 [SEALED] STATEMENT re #299 Statement, [Plaintiff's Response to Defendant's Concise Statement of Facts in Support of Defendants' Motion for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 Due to Indefiniteness] by Magnolia Medical Technologies, Inc.. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 341 [SEALED] ANSWERING BRIEF in Opposition re #295 MOTION for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness filed by Magnolia Medical Technologies, Inc..Reply Brief due date per Local Rules is 6/25/2021. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 340 [SEALED] DECLARATION re #339 Answering Brief in Opposition, -- Declaration of Ian Hogg -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-8)(Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 339 [SEALED] ANSWERING BRIEF in Opposition re #301 MOTION to exclude testimony of Plaintiff's Damages Expert Elizabeth Dean - (No. 2) filed by Magnolia Medical Technologies, Inc..Reply Brief due date per Local Rules is 6/25/2021. (Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 338 [SEALED] DECLARATION re #337 Answering Brief in Opposition, -- Declaration of Kathryn B. Bi -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-2)(Raucci, Anthony)
June 18, 2021 Opinion or Order Filing 337 [SEALED] ANSWERING BRIEF in Opposition re #288 MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) filed by Magnolia Medical Technologies, Inc..Reply Brief due date per Local Rules is 6/25/2021. (Raucci, Anthony)
June 14, 2021 Opinion or Order Filing 336 MOTION for Pro Hac Vice Appearance of Attorney Serge A. Voronov - filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 14, 2021 Opinion or Order SO ORDERED, re #336 MOTION for Pro Hac Vice Appearance of Attorney Serge A. Voronov filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 6/14/2021. (fms)
June 8, 2021 Opinion or Order Filing 335 SO ORDERED, re #316 STIPULATION TO EXTEND TIME for the parties to file public versions of the briefs and supporting documents concerning their Motions for Summary Judgment and Daubert Motions (see D.I. 288, 291, 295, 301, 304, 308) to June 7, 2021 filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 6/7/2021. (fms)
June 8, 2021 Opinion or Order Filing 334 SO ORDERED, re #315 Stipulation Regarding Damages Period filed by Kurin, Inc.. Signed by Judge Colm F. Connolly on 6/7/2021. (fms)
June 8, 2021 Opinion or Order Filing 333 SO ORDERED, re #314 STIPULATION TO EXTEND TIME for the parties to file their Answering and Reply Briefs regarding motions for summary judgment and Daubert motions to June 18, 2021 and June 30, 2021 (respectively) filed by Magnolia Medical Technologies, Inc.. Signed by Judge Colm F. Connolly on 6/7/2021. (fms)
June 7, 2021 Opinion or Order Filing 332 REDACTED VERSION of #303 Declaration Declaration of Cyndi Claxton in support of Daubert Motion to exclude testimony of Expert Elizabeth Dean - No. 2 by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 331 REDACTED VERSION of #302 Opening Brief in Support, MOTION to exclude testimony of Plaintiff's Damages Expert Elizabeth Dean - (No. 2) by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 330 REDACTED VERSION of #307 Declaration of Cyndi J. Claxton in Support of Kurin's Motion for Summary Judgment (No. 2) of No Enhanced Damages by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 329 REDACTED VERSION of #306 Statement Kurin's Concise Statement of Facts in Support of Motion for Summary Judgment (No. 2) of No Enhanced Damages by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 328 REDACTED VERSION of #305 Opening Brief in Support Motion for Summary Judgment (No.2) of No Enhanced Damages by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 327 REDACTED VERSION of #298 Declaration, of Philip T. Sheng - by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exs. 1-3)(Smith, Rodger)
June 7, 2021 Opinion or Order Filing 326 REDACTED VERSION of #293 Declaration, of Ian Hogg - by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exs. 1-9)(Smith, Rodger)
June 7, 2021 Opinion or Order Filing 325 REDACTED VERSION of #292 Opening Brief in Support, by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 7, 2021 Opinion or Order Filing 324 REDACTED VERSION of #311 Declaration of Cyndi Claxton in support of Kurin's Opening Brief re Motion for Summary Judgment (No. 3) of Infringement of all asserted claims due to lack of sequestration by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 323 REDACTED VERSION of #310 Statement Concise Statement of Facts in support of Kurin's Motion for Summary Judgment of Non-Infringement of all asserted claims due to lack of sequestration (Motion for Summary Judgment No. 3) by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 322 REDACTED VERSION of #309 Opening Brief in Support, of Motion for Summary Judgment of Non-Infringement of all asserted claims due to lack of sequestration (Motion for Summary Judgment No. 3) by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 321 REDACTED VERSION of #300 Declaration executed by Jacob Zweig) regarding Kurin's Opening Brief in support of Motion for Summary Judgment (No. 1) by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 320 REDACTED VERSION of #299 Statement, Kurin's Concise Statement of Facts in support of Motion for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 319 REDACTED VERSION of #296 Opening Brief in Support, MOTION for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order Filing 318 REDACTED VERSION of #290 Declaration, Declaration of Karen Boyd in support of MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) by Kurin, Inc.. (Dorsney, Kenneth) (Main Document 318 replaced on 6/7/2021) (fms).
June 7, 2021 Opinion or Order Filing 317 REDACTED VERSION of #289 Opening Brief in Support, in Support re 288 MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) by Kurin, Inc.. (Dorsney, Kenneth)
June 7, 2021 Opinion or Order CORRECTING ENTRY: The redacted document at D.I. #322 has been removed from the docket and will be refiled shortly. (fms)
June 7, 2021 Opinion or Order CORRECTING ENTRY: The.pdf at D.I. #318 has been removed and replaced with the correct version. (fms)
June 3, 2021 Opinion or Order Filing 316 STIPULATION TO EXTEND TIME for the parties to file public versions of the briefs and supporting documents concerning their Motions for Summary Judgment and Daubert Motions (see D.I. 288, 291, 295, 301, 304, 308) to June 7, 2021 - filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 2, 2021 Opinion or Order Filing 315 STIPULATION Regarding Damages Period by Kurin, Inc.. (Hitch, Cortlan)
June 2, 2021 Opinion or Order Filing 314 STIPULATION TO EXTEND TIME for the parties to file their Answering and Reply Briefs regarding motions for summary judgment and Daubert motions to June 18, 2021 and June 30, 2021 (respectively) - filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
June 1, 2021 Opinion or Order CORRECTING ENTRY: The pdf of D.I. #302 has been replaced with a corrected version to correct a table of contents page number error. (nmf)
May 28, 2021 Opinion or Order Filing 313 [SEALED] MULTI MEDIA DOCUMENT filed by Kurin, Inc. in the form of a DVD. Filing related to #311 Declaration, #312 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (fms)
May 27, 2021 Opinion or Order Motions No Longer Referred: #301 MOTION to exclude testimony of Plaintiff's Damages Expert Elizabeth Dean - (No. 2), #291 MOTION to Precludethe Reasonable Royalty Rate Opinions and Testimony of Dr. Patrick Kennedy, #294 MOTION to Preclude the Opinions of Dr. Erik Antonsson that Contradict the Court's Claim Constructions, #288 MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1). The automatic referral to the Magistrate Judge, generated by the system, has been removed for these motions. (nmf)
May 27, 2021 Opinion or Order Filing 312 NOTICE of filing the following Non-Paper material(s) in multi media format: DVD containing video cited in Declaration of Cyndi J. Claxton in Support of Defendant Kurin, Inc.s Motion for Summary Judgment (No. 3) of Noninfringement of All Asserted Claims Due to Lack of Sequestration which corresponds to Exhibits. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Kurin, Inc. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 311 [SEALED] DECLARATION re #309 Opening Brief in Support, Declaration of Cyndi Claxton in support of motion for Summary Judgment of Non-infringement due to lack of sequestration - No. 3 by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 310 [SEALED] STATEMENT re #309 Opening Brief in Support, Concise Statement of Facts in support of motion for summary judgment of non-infringement - No. 3 by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 309 [SEALED] OPENING BRIEF in Support re #308 MOTION for Summary Judgment of non-infringement due to lack of sequestration No. 3 filed by Kurin, Inc..Answering Brief/Response due date per Local Rules is 6/10/2021. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 308 MOTION for Summary Judgment of non-infringement due to lack of sequestration No. 3 - filed by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 307 [SEALED] DECLARATION re #306 Statement, #305 Opening Brief in Support (executed by Cyndi Claxton) in support of Kurin's Motion for Summary Judgment (No. 2) by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 306 [SEALED] STATEMENT re #304 MOTION for Summary Judgment (No. 2) of No Enhanced Damages under 35 U.S.C. 284, #305 Opening Brief in Support CONCISE STATEMENT OF FACTS by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 305 [SEALED] OPENING BRIEF in Support re #304 MOTION for Summary Judgment (No. 2) of No Enhanced Damages under 35 U.S.C. 284 filed by Kurin, Inc..Answering Brief/Response due date per Local Rules is 6/10/2021. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 304 MOTION for Summary Judgment (No. 2) of No Enhanced Damages under 35 U.S.C. 284 - filed by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 303 [SEALED] DECLARATION re #302 Opening Brief in Support, Declaration of Cyndi Claxton in support of Daubert Motion to exclude testimony of Expert Elizabeth Dean - No. 2 by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 302 [SEALED] OPENING BRIEF in Support re #301 MOTION to exclude testimony of Plaintiff's Damages Expert Elizabeth Dean - (No. 2) filed by Kurin, Inc..Answering Brief/Response due date per Local Rules is 6/10/2021. (Dorsney, Kenneth) (Main Document 302 replaced on 6/1/2021) (nmf, ).
May 27, 2021 Opinion or Order Filing 301 MOTION to exclude testimony of Plaintiff's Damages Expert Elizabeth Dean - (No. 2) - filed by Kurin, Inc.(Dorsney, Kenneth) Modified on 6/1/2021 (nmf).
May 27, 2021 Opinion or Order Filing 300 [SEALED] DECLARATION re #296 Opening Brief in Support, #299 Statement, (executed by Jacob Zweig) regarding Kurin's Opening Brief in support of Motion for Summary Judgment (No. 1) by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 299 [SEALED] STATEMENT re #296 Opening Brief in Support, (Kurin's Concise Statement of Facts in support of Motion for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness) by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 298 [SEALED] DECLARATION re #294 MOTION to Preclude the Opinions of Dr. Erik Antonsson that Contradict the Court's Claim Constructions -- Declaration of Philip T. Sheng -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exs. 1-3)(Smith, Rodger)
May 27, 2021 Opinion or Order Filing 297 OPENING BRIEF in Support re #294 MOTION to Preclude the Opinions of Dr. Erik Antonsson that Contradict the Court's Claim Constructions - filed by Magnolia Medical Technologies, Inc..Answering Brief/Response due date per Local Rules is 6/10/2021. (Smith, Rodger)
May 27, 2021 Opinion or Order Filing 296 [SEALED] OPENING BRIEF in Support re #295 MOTION for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness filed by Kurin, Inc..Answering Brief/Response due date per Local Rules is 6/10/2021. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 295 MOTION for Summary Judgment (No. 1) of Invalidity of U.S. Patent No. 9,855,001 due to Indefiniteness - filed by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 294 MOTION to Preclude the Opinions of Dr. Erik Antonsson that Contradict the Court's Claim Constructions - filed by Magnolia Medical Technologies, Inc.(Smith, Rodger) Modified on 6/1/2021 (nmf).
May 27, 2021 Opinion or Order Filing 293 [SEALED] DECLARATION re #291 MOTION to Preclude the Reasonable Royalty Rate Opinions and Testimony of Dr. Patrick Kennedy -- Declaration of Ian Hogg -- by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exs. 1-9)(Smith, Rodger)
May 27, 2021 Opinion or Order Filing 292 [SEALED] OPENING BRIEF in Support re #291 MOTION to Preclude the Reasonable Royalty Rate Opinions and Testimony of Dr. Patrick Kennedy - filed by Magnolia Medical Technologies, Inc..Answering Brief/Response due date per Local Rules is 6/10/2021. (Smith, Rodger)
May 27, 2021 Opinion or Order Filing 291 MOTION to Preclude the Reasonable Royalty Rate Opinions and Testimony of Dr. Patrick Kennedy - filed by Magnolia Medical Technologies, Inc. (Smith, Rodger) Modified on 6/1/2021 (nmf).
May 27, 2021 Opinion or Order Filing 290 [SEALED] DECLARATION re #289 Opening Brief in Support, Declaration of Karen Boyd in support of MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) by Kurin, Inc.. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 289 [SEALED] OPENING BRIEF in Support re #288 MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) filed by Kurin, Inc..Answering Brief/Response due date per Local Rules is 6/10/2021. (Dorsney, Kenneth)
May 27, 2021 Opinion or Order Filing 288 MOTION exclude testimony of Plaintiff's infringement Expert Dr. Juan Santiago regarding "reservoir" (Daubert No. 1) - filed by Kurin, Inc.(Dorsney, Kenneth) Modified on 6/1/2021 (nmf).
May 11, 2021 Opinion or Order Filing 287 REDACTED VERSION of #285 MOTION Plaintiff's Unopposed Motion to Redact Portions of the April 19, 2021 Hearing Transcript re Oral Argument - by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exs. A-B, #2 Proposed Order)(Raucci, Anthony)
May 5, 2021 Opinion or Order Filing 286 ORDER granting #285 Plaintiff's Unopposed Motion to Redact Portions of the April 19, 2021 Hearing Transcript re Oral Argument . Any public version of the transcript of the April 19, 2021 hearing in this matter to be docketed shall contain the redactions as applied in Exhibit B to Plaintiffs May 4, 2021 Unopposed Motion to Redact. Signed by Judge Colm F. Connolly on 5/5/2021. (fms)
May 4, 2021 Opinion or Order Filing 285 [SEALED] MOTION Plaintiff's Unopposed Motion to Redact Portions of the April 19, 2021 Hearing Transcript re Oral Argument - filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Raucci, Anthony) Modified on 5/4/2021 (nmf).
May 4, 2021 Opinion or Order Motions No Longer Referred: #285 MOTION Plaintiff's Unopposed Motion to Redact Portions of the April 19, 2021 Hearing Transcript re Oral Argument . The automatic referral generated by the system has been removed for this motion. (nmf)
April 21, 2021 Opinion or Order Filing 284 NOTICE of Intent to Redact Teleconference Transcript of 4/19/21 by Magnolia Medical Technologies, Inc. (Raucci, Anthony)
April 19, 2021 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 4/19/2021. (Court Reporter V. Gunning.) (nmf)
April 19, 2021 Opinion or Order ORAL ORDER: For the reasons stated during today's telephone call, Plaintiff's motion for leave to file an early motion in limine (D.I. #266 ) is DENIED AS MOOT. Ordered by Judge Colm F. Connolly on 4/19/2021. (nmf)
April 14, 2021 Opinion or Order Filing 283 [SEALED] Letter to The Honorable Colm F. Connolly from Rodger D. Smith II regarding the Court's April 7, 2021 Oral Order - re Oral Order,,,, Set Hearings,,,. (Attachments: #1 Attachment 1, #2 Attachment 2)(Smith, Rodger)
April 8, 2021 Opinion or Order ORAL ORDER re 4/7/2021 Oral Order. ORDER: Due to a conflict in the Court's schedule, the Telephonic Oral Argument originally scheduled for 4/16/2021 is rescheduled for 4/19/2021 at 3:00 p.m. ( A Telephonic Oral Argument is set for 4/19/2021 at 03:00 PM before Judge Colm F. Connolly.) Counsel for the Plaintiff shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 4/8/2021. (nmf)
April 7, 2021 Opinion or Order ORAL ORDER: The Court will hear brief oral argument on Plaintiff's motion for leave to file an early motion in limine (D.I. #266 ) on April 16, 2021 at 3:00 p.m. Plaintiff shall submit ex parte and under seal to the Court no later than April 14, 2021 the email referenced on page 1 of its motion and the documents that were inadvertently produced to and then clawed back from Defendant. Plaintiff shall be prepared to identify PRECISELY at oral argument what evidence or line of questioning it would seek to preclude in the motion in limine it wishes to file. "[T]his information" and "the information" (see page 2 of Plaintiff's motion) are not sufficient. Counsel for Plaintiff shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 4/7/2021. (nmf)
March 19, 2021 Opinion or Order Pro Hac Vice Attorney Kathryn B. Bi for Magnolia Medical 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. (kmd)
March 18, 2021 Opinion or Order Pro Hac Vice Attorney Ashok Ramani for Magnolia Medical 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. (myr)
March 18, 2021 Opinion or Order Pro Hac Vice Attorney David J. Lisson for Magnolia Medical 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. (kmd)
March 18, 2021 Opinion or Order Pro Hac Vice Attorney Micah G. Block for Magnolia Medical 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. (myr)
March 18, 2021 Opinion or Order Pro Hac Vice Attorney Philip T. Sheng for Magnolia Medical 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. (myr)
March 17, 2021 Opinion or Order Filing 282 SO ORDERED, re #281 Stipulation filed by Magnolia Medical Technologies, Inc. Dispositive Motions due by 5/27/2021. Per the Court's stated policy on its website, a new trial date will be set once dispositive motions have been decided. Signed by Judge Colm F. Connolly on 3/17/2021. (fms)
March 16, 2021 Opinion or Order Filing 281 STIPULATION and [Proposed] Order to Amend Scheduling Order - by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
March 15, 2021 Opinion or Order Filing 280 MOTION for Pro Hac Vice Appearance of Attorney David J. Lisson, Micah G. Block, Philip T. Sheng, Kathryn Bi, and Ian Hogg - filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
March 15, 2021 Opinion or Order Filing 279 MOTION for Pro Hac Vice Appearance of Attorney Ashok Ramani - filed by Magnolia Medical Technologies, Inc.. (Smith, Rodger)
March 15, 2021 Opinion or Order Filing 278 NOTICE OF SUBSTITUTION OF COUNSEL re Magnolia Medical Technologies, Inc.: Entry of appearance of attorney Rodger Dallery Smith, II. Attorney Douglas E. McCann, Robert M. Oakes, Juanita Brooks, Corrin Drakulich, Bethany Mihalik, James Huguenin-Love, Katherine D. Prescott and Charles N. Reese, Jr. of FISH & RICHARDSON, P.C. terminated. (Smith, Rodger)
March 15, 2021 Opinion or Order SO ORDERED, re #279 MOTION for Pro Hac Vice Appearance of Attorney Ashok Ramani filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 3/15/2021. (fms)
March 15, 2021 Opinion or Order SO ORDERED, re #280 MOTION for Pro Hac Vice Appearance of Attorney David J. Lisson, Micah G. Block, Philip T. Sheng, Kathryn Bi, and Ian Hogg filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 3/15/2021. (fms)
March 10, 2021 Opinion or Order Filing 277 REDACTED VERSION of #275 Reply Brief by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
March 8, 2021 Opinion or Order Filing 276 REQUEST for Oral Argument by Magnolia Medical Technologies, Inc. re #266 MOTION for Leave to File an Early Motion in Limine. (McCann, Douglas)
March 3, 2021 Opinion or Order Filing 275 [SEALED] REPLY BRIEF re #266 MOTION for Leave to File an Early Motion in Limine filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
March 3, 2021 Opinion or Order Filing 274 REDACTED VERSION of #273 Answering Brief in Opposition to Magnolia's Motion for Leave to file early Motion In Limine by Kurin, Inc.. (Dorsney, Kenneth)
February 25, 2021 Opinion or Order Filing 273 [SEALED] ANSWERING BRIEF in Opposition re #266 MOTION for Leave to File an Early Motion in Limine filed by Kurin, Inc..Reply Brief due date per Local Rules is 3/4/2021. (Dorsney, Kenneth)
February 19, 2021 Opinion or Order Filing 272 NOTICE OF SERVICE of Rebuttal Expert Report of Dr. Juan Santiago; Rebuttal Expert Report of Peter A. McCullough, MD, MPH; and Supplement to Opening Expert Report of Peter A. McCullough, MD, MPH filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
February 19, 2021 Opinion or Order Filing 271 NOTICE OF SERVICE of (1) EXPERT REPORT OF ERIK K. ANTONSSON, PH.D., P.E. (2)EXPERT REPORT OF PATRICK F. KENNEDY, PH.D. filed by Kurin, Inc..(Dorsney, Kenneth)
February 18, 2021 Opinion or Order Filing 270 REDACTED VERSION of #266 MOTION for Leave to File an Early Motion in Limine by Magnolia Medical Technologies, Inc.. (Attachments: #1 Ex. A)(McCann, Douglas)
February 17, 2021 Opinion or Order SO ORDERED, re #269 STIPULATION TO EXTEND TIME for Parties to Serve Rebuttal Expert Reports to February 18, 2021 filed by Magnolia Medical Technologies, Inc. Setting Scheduling Order Deadlines ( Rebuttal Expert Reports due by 2/18/2021.). Signed by Judge Colm F. Connolly on 2/17/2021. (fms)
February 16, 2021 Opinion or Order Filing 269 STIPULATION TO EXTEND TIME for Parties to Serve Rebuttal Expert Reports to February 18, 2021 - filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
February 16, 2021 Opinion or Order SO ORDERED, re #267 STIPULATION TO EXTEND TIME for the parties to serve Rebuttal Expert Reports to February 17, 2021 filed by Kurin, Inc. Setting Scheduling Order Deadlines ( Rebuttal Expert Reports due by 2/17/2021.). Signed by Judge Colm F. Connolly on 2/16/2021. (fms)
February 15, 2021 Opinion or Order Filing 268 REDACTED VERSION of #263 Letter to The Honorable Jennifer L. Hall from Kenneth L. Dorsney regarding Kurin's responsive discovery dispute letter regarding amended infringement contentions by Kurin, Inc.. (Dorsney, Kenneth)
February 12, 2021 Opinion or Order Filing 267 STIPULATION TO EXTEND TIME for the parties to serve Rebuttal Expert Reports to February 17, 2021 - filed by Kurin, Inc.. (Dorsney, Kenneth)
February 11, 2021 Opinion or Order Filing 266 [SEALED] MOTION for Leave to File an Early Motion in Limine - filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A)(McCann, Douglas)
February 10, 2021 Opinion or Order Filing 265 REDACTED VERSION of #260 Letter,, by Magnolia Medical Technologies, Inc.. (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 Exhibit J)(McCann, Douglas)
February 9, 2021 Opinion or Order Filing 264 ORAL ORDER: Before the Court is the parties' Joint Motion for Teleconference to Resolve Discovery Dispute (D.I. #223 ) by which the parties seek to resolve outstanding disputes related to Magnolia's Motion for Leave to Amend its Infringement and Willfulness Contentions (D.I. 105). Having reviewed the briefing and exhibits submitted in connection with the original motion (D.I. 105, 106, 107, 108, 109, 135, 136, 142, 143, 150) and the supplemental letter briefs and exhibits submitted in connection with the pending motion (D.I. 260, 263), IT IS HEREBY ORDERED that Magnolia's request for leave to amend is GRANTED with respect to the remaining disputed amendments. Those amendments (D.I. 224, Ex. A) relate generally to the "operating mode[s]"/"transition" and "seal" limitations. Magnolia has demonstrated good cause for the proposed amendments, particularly since the amendments rely on documents produced after the cut-off date for amending infringement contentions set by the Court's scheduling order and do not represent new infringement theories. I also agree with Magnolia that Kurin's current objections largely boil down to an assertion that Magnolia's initial contentions were insufficiently detailed; I agree with Magnolia that it's too late for Kurin to make that argument for the first time now (i.e., in Court-ordered supplemental briefing after a fully-briefed motion to amend to which Kurin was granted leave to file a sur-reply). As an independent basis for my ruling, I also conclude that Kurin waived the arguments that it failed to raise in its briefing on Magnolia's Motion for Leave to Amend. The discovery dispute teleconference scheduled for February 10, 2021 is CANCELLED. ORDERED by Judge Jennifer L. Hall on 2/9/2021. (ceg)
February 8, 2021 Opinion or Order Filing 263 [SEALED] Letter to The Honorable Jennifer L. Hall from Kenneth L. Dorsney regarding Kurin's responsive discovery dispute letter related to Amended Infringement Contentions issue - re #260 Letter,,. (Dorsney, Kenneth)
February 4, 2021 Opinion or Order Filing 262 REDACTED VERSION of #252 Declaration of Jacob Zweig by Kurin, Inc.. (Dorsney, Kenneth)
February 4, 2021 Opinion or Order Filing 261 REDACTED VERSION of #251 Reply Brief, in support of Motion to Redact Report and Recommendation and December 10, 2020 Hearing Transcript by Kurin, Inc.. (Dorsney, Kenneth)
February 3, 2021 Opinion or Order Filing 260 [SEALED] Letter to Magistrate Judge Hall from Douglas E. McCann regarding Plaintiff's Remaining Disputes Related to the Motion to Amend Infringement Contentions (D.I. 105) - re #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions. (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 Exhibit J)(McCann, Douglas)
February 1, 2021 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery teleconference held on 2/1/2021. The hearing was sealed and the parties should follow the Court's procedures regarding the public availability of transcripts and redactions to transcripts. The Court heard argument regarding Plaintiff's discovery dispute, (D.I. 241). The Court resolved the motion and the transcript of today's call shall serve as the substance of the Court's order. (Court Reporter Jennifer Guy. Clerk: M. Crawford) Appearances: D. McCann, J. Brooks for Plaintiff; K. Dorsney, K. Boyd, J. Seraphine for Defendant (mlc)
January 29, 2021 Opinion or Order Filing 259 ORDER: Having considered Defendant's Motion to Redact Report and Recommendation (D.I. #227 ) and its Motion to Redact December 10, 2020 Hearing Transcript (D.I. #239 ), the Court DENIES both motions. (*See Order for details). Signed by Judge Jennifer L. Hall on 1/29/2021. (ceg)
January 29, 2021 Opinion or Order Filing 258 ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Disputes (D.I. #223 ). A discovery dispute teleconference is scheduled for February 10, 2021 at 3:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than February 3, 2021 the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than February 8, 2021 any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 1/29/2021. (ceg)
January 29, 2021 Opinion or Order Filing 257 NOTICE of Withdrawal of Attorney Mathias W. Samuel by Magnolia Medical Technologies, Inc. (McCann, Douglas)
January 29, 2021 Opinion or Order Filing 256 SO ORDERED, re #255 Stipulation and [Proposed] Order Dismissing all Claims and Counterclaims regarding the '689 and '139 Patents filed by Magnolia Medical Technologies, Inc. Ordered by Judge Colm F. Connolly on 1/29/2021. (fms)
January 28, 2021 Opinion or Order Filing 255 Joint STIPULATION and [Proposed] Order Dismissing all Claims and Counterclaims regarding the '689 and '139 Patents by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
January 28, 2021 Opinion or Order Filing 254 REDACTED VERSION of #248 Declaration,, of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(McCann, Douglas)
January 28, 2021 Opinion or Order Filing 253 REDACTED VERSION of #247 Answering Brief in Opposition,, by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
January 28, 2021 Opinion or Order Filing 252 [SEALED] DECLARATION re #251 Reply Brief, in support of Motion to Redact Report and Recommendation and December 10, 2020 Hearing Transcript (executed by Jacob Zweig) by Kurin, Inc.. (Dorsney, Kenneth)
January 28, 2021 Opinion or Order Filing 251 [SEALED] REPLY BRIEF re #227 MOTION to Redact Report and Recommendation re #218 REPORT AND RECOMMENDATIONS re #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc.. Please note that when filing Objections pursuant to Federal, #239 MOTION to Redact #217 Transcript,, filed by Kurin, Inc.. (Dorsney, Kenneth)
January 28, 2021 Opinion or Order Filing 250 REDACTED VERSION of #245 Letter to The Honorable Christopher J. Burke regarding Kurin's responsive discovery dispute letter pertaining to protective order issue by Kurin, Inc.. (Dorsney, Kenneth)
January 27, 2021 Opinion or Order SO ORDERED, #220 Stipulation to Extend Time for Parties to File a Stipulation regarding Amended Infringement Contentions to December 30, 2020 filed by Magnolia Medical Technologies, Inc.. ORDERED by Judge Jennifer L. Hall on 1/27/2021. (ceg)
January 26, 2021 Opinion or Order Filing 249 REDACTED VERSION of #240 Letter,, by Magnolia Medical Technologies, Inc.. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z)(McCann, Douglas)
January 25, 2021 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Conference held on 1/25/2021. The Court heard argument regarding Defendant's discovery dispute, (D.I. 230). The Court denied Defendant's request without prejudice to Defendant re-raising in the future. The transcript of today's call shall serve as the substance of the Court's order. (Clerk, M. Crawford) Appearances: D. McCann, J. Brooks, C. Drakulich for Plaintiff; C. Hitch, K. Boyd, J. Seraphine for Defendant. (Court Reporter Valerie Gunning) (dlb)
January 21, 2021 Opinion or Order Filing 248 [SEALED] DECLARATION re #247 Answering Brief in Opposition,, of Douglas E. McCann in Support of Plaintiff's Consolidated Brief in Opposition to Defendant's Motions to Redact Report and Recommendation (D.I. 218) and to Redact December 10, 2020 Hearing Transcript (D.I. 217) by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(McCann, Douglas)
January 21, 2021 Opinion or Order Filing 247 [SEALED] ANSWERING BRIEF in Opposition re #227 MOTION to Redact Report and Recommendation re #218 REPORT AND RECOMMENDATIONS re #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc.. Please note that when filing Objections pursuant to Federal, #239 MOTION to Redact #217 Transcript,, Plaintiff's Consolidated Brief in Opposition to Defendant's Motions to Redact Report and Recommendation (D.I. 218) and to Redact December 10, 2020 Hearing Transcript (D.I. 217) filed by Magnolia Medical Technologies, Inc..Reply Brief due date per Local Rules is 1/28/2021. (McCann, Douglas)
January 21, 2021 Opinion or Order Filing 246 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding upcoming discovery hearings. (Dorsney, Kenneth)
January 21, 2021 Opinion or Order Filing 245 [SEALED] Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Kurin's responsive discovery dispute letter regarding protective order issue - re #236 Letter,. (Dorsney, Kenneth)
January 21, 2021 Opinion or Order Filing 244 REDACTED VERSION of #236 Letter, by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(McCann, Douglas)
January 20, 2021 Opinion or Order Filing 243 REDACTED VERSION of #239 MOTION to Redact #217 Transcript,, by Kurin, Inc.. (Dorsney, Kenneth)
January 20, 2021 Opinion or Order Filing 242 NOTICE OF SERVICE of (1) Opening Expert Report of Peter, A. McCullough, MD, MPH; (2) Opening Expert Report of Prof. Erika Lietzan; (3) Opening Expert Report of Dr. Juan G. Santiago regarding Infringement of U.S. Patent Nos. 9,855,001 and 10,039,483; and (4) Expert Report of Elizabeth Dean filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
January 20, 2021 Opinion or Order Filing 241 Joint MOTION for Teleconference to Resolve Discovery Dispute re #235 Letter, #234 Letter - filed by Magnolia Medical Technologies, Inc.. Motions referred to Christopher J. Burke.(McCann, Douglas)
January 19, 2021 Opinion or Order Filing 240 [SEALED] Letter to The Honorable Christopher J. Burke from Douglas E. McCann regarding Plaintiff's Letter Brief Regarding Discovery Dispute - re 221 Order Setting Teleconference,,,,,. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z)(McCann, Douglas)
January 19, 2021 Opinion or Order Filing 239 [SEALED] MOTION to Redact #217 Transcript - filed by Kurin, Inc.(Dorsney, Kenneth) Modified on 1/19/2021 (nmf).
January 19, 2021 Opinion or Order Filing 238 NOTICE OF SERVICE of OPENING EXPERT REPORT OF ERIK K. ANTONSSON, PH.D., P.E. filed by Kurin, Inc..(Dorsney, Kenneth)
January 19, 2021 Opinion or Order Motions No Longer Referred: #239 MOTION to Redact #217 Transcript. The automatic referral to Judge Burke generated by the system has been removed for this motion. (nmf)
January 14, 2021 Opinion or Order Filing 237 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 14, 2021 letter requesting a discovery teleconference regarding 1 discovery dispute, (D.I. 234), as well as Plaintiff's January 14, 2021 letter regarding further requests with respect to this dispute, (D.I. 235). It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for 2/1/2021 at 10:00 AM before Judge Christopher J. Burke.; (2) The proceeding shall be sealed, and in addition to the Court, the Courts law clerk and the Court reporter, only attorneys who have entered an appearance in the case shall participate in the proceeding.; (3) By no later than January 21, 2021, Defendant shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining its reasons for its opposition.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than January 21, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (6) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 1/14/2021. (mlc)
January 14, 2021 Opinion or Order Filing 236 [SEALED] Letter to The Honorable Christopher J. Burke from Douglas E. McCann regarding Request for Protective Order regarding Witness Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(McCann, Douglas)
January 14, 2021 Opinion or Order Filing 235 Letter to The Honorable Christopher J. Burke from Douglas E. McCann regarding Request to Set Matter for Hearing and to Seal Proceeding in Advance. (McCann, Douglas)
January 14, 2021 Opinion or Order Filing 234 Joint Letter to The Honorable Christopher J. Burke from Douglas E. McCann regarding Request to Schedule Discovery Teleconference. (McCann, Douglas)
January 13, 2021 Opinion or Order Filing 233 ORDER ADOPTING #218 REPORT AND RECOMMENDATIONS ; denying #166 Motion to Amend/Correct. Signed by Judge Colm F. Connolly on 1/13/2021. (nmf)
January 13, 2021 Opinion or Order Filing 232 REDACTED VERSION of #228 Declaration, of Bob Rogers by Kurin, Inc.. (Dorsney, Kenneth)
January 13, 2021 Opinion or Order Filing 231 REDACTED VERSION of #227 MOTION to Redact Report and Recommendation re #218 REPORT AND RECOMMENDATIONS re #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc.. Please note that when filing Objections pursuant to Federal by Kurin, Inc.. (Dorsney, Kenneth)
January 8, 2021 Opinion or Order Filing 230 Joint MOTION for Hearing re 221 Order Setting Teleconference,,,,, to resolve discovery dispute - filed by Kurin, Inc.. Motions referred to Christopher J. Burke.(Dorsney, Kenneth)
January 8, 2021 Opinion or Order Filing 229 [SEALED] Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Discovery Dispute - re 221 Order Setting Teleconference,,,,,. (Dorsney, Kenneth)
January 7, 2021 Opinion or Order Filing 228 [SEALED] DECLARATION re #227 MOTION to Redact Report and Recommendation re #218 REPORT AND RECOMMENDATIONS re #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc.. Please note that when filing Objections pursuant to Federal (executed by Bob Rogers) by Kurin, Inc.. (Dorsney, Kenneth)
January 7, 2021 Opinion or Order Filing 227 [SEALED] MOTION to Redact Report and Recommendation re #218 REPORT AND RECOMMENDATIONS re #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solel - filed by Kurin, Inc.(Dorsney, Kenneth) Modified on 1/8/2021 (nmf).
January 6, 2021 Opinion or Order Filing 226 REDACTED VERSION of #224 Stipulation by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A)(McCann, Douglas)
December 31, 2020 Opinion or Order Filing 225 NOTICE of Intent to Request Redaction by Kenneth Laurence Dorsney re #217 Transcript,, (Dorsney, Kenneth)
December 30, 2020 Opinion or Order Filing 224 [SEALED] STIPULATION regarding Amended Infringement Contentions re 213 Order,, by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A)(McCann, Douglas)
December 30, 2020 Opinion or Order Filing 223 Joint MOTION Teleconference to Resolve Discovery Dispute - filed by Magnolia Medical Technologies, Inc. (McCann, Douglas) Modified on 1/27/2021 - Motion referred to Judge Jennifer L. Hall (ceg).
December 30, 2020 Opinion or Order Filing 222 NOTICE OF SERVICE of Magnolia's 7th Supplemental Privilege Log filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
December 30, 2020 Opinion or Order Filing 221 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 28, 2020 letter requesting a discovery teleconference regarding 1 discovery dispute. (D.I. 219) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for 1/25/2021 at 1:00 PM before Judge Christopher J. Burke.; (2) By no later than January 8, 2021, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than January 19, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than January 19, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (6) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 12/30/2020. (mlc)
December 28, 2020 Opinion or Order Filing 220 STIPULATION TO EXTEND TIME for Parties to File a Stipulation regarding Amended Infringement Contentions to December 30, 2020 - filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
December 28, 2020 Opinion or Order Filing 219 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding request for the scheduling of a discovery teleconference. (Dorsney, Kenneth)
December 28, 2020 Opinion or Order Filing 218 REPORT AND RECOMMENDATIONS re #166 Motion to Amend/Correct the Complaint filed by Magnolia Medical Technologies, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 1/11/2021. This order has been emailed to local counsel. Signed by Judge Jennifer L. Hall on 12/28/2020.(ceg) ***Unsealed per the Court's 1/29/2021 Order (ceg).
December 28, 2020 Opinion or Order Filing 217 Official Transcript of Telephonic Motion Hearing held on December 10, 2020 before Judge Jennifer L. Hall. Court Reporter Jennifer Guy, email: jenniferguyrpr@gmail.com. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/19/2021. Redacted Transcript Deadline set for 1/28/2021. Release of Transcript Restriction set for 3/29/2021. (bpg)
December 23, 2020 Opinion or Order Filing 216 ORAL ORDER: As previously set forth in D.I. 213, Magnolia's Motion for Leave to Amend its Infringement and Willfulness Contentions (D.I. #105 ) is GRANTED-IN-PART. Kurin's Motion for Leave to File a Sur-Reply (D.I. #150 ) is GRANTED. ORDERED by Judge Jennifer L. Hall on 12/23/2020. (ceg)
December 15, 2020 Opinion or Order Filing 215 NOTICE OF SERVICE of Magnolia Medical Technologies, Inc.'s 9th Supplemental Redacted Privilege Log filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
December 14, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 12/14/2020. After hearing from the parties regarding the dispute, for the reasons stated on the record the Court grant's Plaintiff's Motion. The Transcript will serve as the substance of the Court's decision in this matter. (Clerk, Benyo) APPEARANCES: D. McCann for Plaintiff; C. Hitch, K. Boyd, J. Hangartner for Defendant. (Court Reporter Jennifer Guy) (dlb)
December 11, 2020 Opinion or Order Filing 214 ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the December 10, 2020 motion hearing on Magnolia's Motion for Leave to Amend its Complaint (D.I. #166 ) shall serve as the Report and Recommendation of the Court. Any objections shall be filed within 14 days from the date the Court issues the written version of its Report and Recommendation. ORDERED by Judge Jennifer L. Hall on 12/10/2020. (ceg)
December 11, 2020 Opinion or Order Filing 213 ORAL ORDER: It is ORDERED that, for the reasons discussed at the hearing on December 10, 2020, Magnolia's Motion for Leave to Amend its infringement and Willfulness Contentions (D.I. #105 ) is GRANTED-IN-PART. As stated at the hearing, it is FURTHER ORDERED that the parties shall meet and confer regarding the remainder of Magnolia's proposed amendments and shall file a stipulation regarding any agreement on those proposed amendments within 14 days. If the parties cannot reach agreement on the remainder of Magnolia's proposed amendments, they are directed to file a joint motion for a teleconference in accordance with Judge Hall's discovery dispute procedures. ORDERED by Judge Jennifer L. Hall on 12/10/2020. (ceg)
December 10, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jennifer L. Hall - Telephonic Motion Hearing held on 12/10/2020 re #105 Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions filed by Magnolia Medical Technologies, Inc., #166 Motion to Amend/Correct the Complaint filed by Magnolia Medical Technologies, Inc. (*Court Reporter Jennifer Guy.) (ceg)
December 8, 2020 Opinion or Order Filing 212 NOTICE OF SERVICE of (1) Magnolia's 6th Supplemental Privilege Log, (2) Magnolia's 8th Supplemental Redacted Privilege Log, (3) Kathryn Beal's 2nd Supplemental Privilege Log, and (4) Jay Miazga's 2nd Supplemental Privilege Log filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
December 4, 2020 Opinion or Order Filing 211 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Magnolia Medical Technologies, Inc.. Motions referred to Christopher J. Burke.(McCann, Douglas)
December 4, 2020 Opinion or Order Filing 210 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Kurin's responsive discovery dispute letter - re #207 Letter,. (Dorsney, Kenneth)
December 2, 2020 Opinion or Order Filing 209 REDACTED VERSION of #207 Letter, by Magnolia Medical Technologies, Inc.. (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)(McCann, Douglas)
December 2, 2020 Opinion or Order Filing 208 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Amended Supplemental Objections and Responses to Defendant Kurin, Inc.'s Fourth Set of Interrogatories (No. 11) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
November 25, 2020 Opinion or Order Filing 207 [SEALED] Letter to The Honorable Christopher J. Burke from Douglas E. McCann regarding Experts Dispute - re #37 Protective Order. (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)(McCann, Douglas)
November 25, 2020 Opinion or Order CORRECTING ENTRY: DI 208 filed in error to incorrect case number. (apk)
November 23, 2020 Opinion or Order Filing 206 NOTICE OF SERVICE of Magnolia Medical Technologies, Inc.'s Privilege Log and First-Seventh Supplemental Privilege Logs; Kathryn Beal's Privilege Log and Supplemental Priviledge Log; and Jay Miazga's Privilege Log and Supplemental Privilege Logs filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
November 16, 2020 Opinion or Order Filing 205 ORDER Setting Teleconference: The Court has reviewed the parties' November 13, 2020 letter requesting a discovery teleconference regarding 1 discovery dispute. (D.I. 204) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for 12/14/2020 at 01:00 PM before Judge Christopher J. Burke.; (2) By no later than November 25, 2020, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than December 4, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than December 10, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (6) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 11/16/2020. (mlc)
November 13, 2020 Opinion or Order Filing 204 Joint Letter to The Honorable Christopher J. Burke from Douglas E. McCann regarding Discovery Dispute. (McCann, Douglas)
November 11, 2020 Opinion or Order Filing 203 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Supplemental Objections and Responses to Defendant Kurin, Inc.'s Fourth Set of Interrogatories (No. 11) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
November 9, 2020 Opinion or Order Filing 202 ORAL ORDER Setting Hearing on Motions: A telephonic hearing on the pending Motion for Leave to Amend Disclosure of Infringement and Willfulness Contentions (D.I. #105 ) and Motion to Amend the Complaint (D.I. #166 ) is scheduled for December 10, 2020 at 3:00 PM before Judge Jennifer L. Hall. The parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing the following information regarding oral argument on or before December 7, 2020: (1) dial-in information; and (2) a list of attendees for each party, specifying who will be presenting argument. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the teleconference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 11/9/2020. (ceg)
November 2, 2020 Opinion or Order Filing 201 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Statement of Damages filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
October 30, 2020 Opinion or Order Filing 200 ORDER REFERRING MOTION: #150 MOTION for Leave to File sur-reply to motion for leave to amend infringement contentions filed by Kurin, Inc., #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions filed by Magnolia Medical Technologies, Inc., #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 10/30/2020. Motions referred to Magistrate Judge Jennifer L. Hall.(nmf)
October 16, 2020 Opinion or Order Filing 199 NOTICE OF SERVICE of Kurin's Request for Statement of Damages under Local Rule 9.4(b) filed by Kurin, Inc..(Dorsney, Kenneth)
October 16, 2020 Opinion or Order Filing 198 AMENDED SCHEDULING ORDER: The Final Pretrial Conference is rescheduled for 9/23/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. The Jury Trial is rescheduled for 10/4/2021 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 10/16/2020. (nmf)
October 9, 2020 Opinion or Order Filing 197 PROPOSED ORDER - Proposed Amended Scheduling Order by Kurin, Inc.. (Dorsney, Kenneth)
October 7, 2020 Opinion or Order Pro Hac Vice Attorney Jonathan Hangartner for Kurin, 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. (kmd)
October 6, 2020 Opinion or Order Filing 196 REDACTED VERSION of #191 Declaration of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit MM, #2 Exhibit OO, #3 Exhibit PP)(McCann, Douglas)
October 6, 2020 Opinion or Order Filing 195 REDACTED VERSION of #190 Reply Brief by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
October 6, 2020 Opinion or Order Filing 194 ORAL ORDER: The Court, having reviewed Defendant Kurin, Inc.'s ("Kurin") motion regarding a discovery dispute ("Motion"), (D.I. 178), in which Kurin requests an accommodation to the case schedule to account for Plaintiff Magnolia Medical Technologies, Inc.'s ("Magnolia") late production of post-complaint documents, (D.I. 177 at 2), the letter briefing related thereto, (D.I. 177; D.I. 187), and having heard oral argument on October 5, 2020, ORDERS that Defendant's Motion is GRANTED. The Court finds good cause to amend the Scheduling Order, pursuant to Federal Rule of Civil Procedure 16(b)(4), to be established as follows: (1) Although the parties' deadline for substantial completion of document production was May 15, 2020 (extended from April 15, 2020), (D.I. 69), Magnolia has produced nearly one-third of its total document production (approximately 57,000 documents) in the past month (a time during which fact discovery was set to close and the expert discovery process to get underway). (D.I. 177 at 2; D.I. 187 at 2); (2) Magnolia's late production flows from an interpretation of the Scheduling Order that, in the Court's view, was not a reasonable one, and thus it amounts to a clear discovery violation. (D.I. 177 at 1; see also D.I. 24, ex. B at para. (1)(d)(ii) & (3)(b)); (3) Kurin is entitled to a reasonable window of time to digest Magnolia's substantial recent production prior to taking its fact depositions and serving opening expert reports. Currently, however, there remain many depositions to be taken, followed by the expert discovery process and the preparation and service of expert reports, all currently scheduled to be completed by December 18, 2020 (with opening summary judgment and Daubert briefs to be filed on February 5, 2021 and trial scheduled to begin on July 12, 2021). (See D.I. 177 at 3) While Magnolia proposes an extension of the fact discovery deadline and the deadlines for expert reports, leaving the remainder of the current case schedule intact, (D.I. 187 at 3), going Magnolia's way here would necessarily require compressing the case schedule in a manner that would prejudice Kurin for a mistake that was not Kurin's fault.; (4) Therefore, the parties shall meet and confer regarding extension of the remaining case deadlines and events and submit a joint proposed amended scheduling order by no later than October 9, 2020 that: (a) schedules summary judgment and Daubert briefs to be filed on April 30, 2021; (b) schedules the pretrial conference for September 23, 2021 at 4:00 p.m.; (c) schedules the jury trial for October 4, 2021; and (d) fills in the remainder of the case deadlines accordingly. Expert report deadlines should all be uniform between the parties. Ordered by Judge Christopher J. Burke on 10/6/2020. (dlb) Modified on 10/6/2020 (dlb).
October 5, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 10/5/2020. The Court heard the parties' arguments regarding Defendant's discovery dispute motion, D.I. 178. The Court took the matter under advisement and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: D. McCann, J. Brooks for Plaintiff; C. Hitch, K. Boyd for Defendant. (mlc)
October 2, 2020 Opinion or Order Filing 193 REQUEST for Oral Argument by Kurin, Inc. re #166 MOTION to Amend/Correct THE COMPLAINT. (Dorsney, Kenneth)
October 1, 2020 Opinion or Order Filing 192 REQUEST for Oral Argument by Magnolia Medical Technologies, Inc. re #166 MOTION to Amend/Correct THE COMPLAINT. (McCann, Douglas)
September 29, 2020 Opinion or Order Filing 191 [SEALED] DECLARATION re #190 Reply Brief of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit MM, #2 NN, #3 OO)(McCann, Douglas)
September 29, 2020 Opinion or Order Filing 190 [SEALED] REPLY BRIEF re #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
September 29, 2020 Opinion or Order Filing 189 REDACTED VERSION of #185 Declaration of Jacob Zweig by Kurin, Inc.. (Dorsney, Kenneth)
September 29, 2020 Opinion or Order Filing 188 REDACTED VERSION of #184 Answering Brief in Opposition to Motion for Leave to Amend Complaint by Kurin, Inc.. (Dorsney, Kenneth)
September 23, 2020 Opinion or Order Filing 187 Letter to Magistrate Judge Christopher J. Burke from Douglas E. McCann regarding Plaintiff's Responsive Letter Regarding Discovery Dispute - re #165 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McCann, Douglas)
September 23, 2020 Opinion or Order Filing 186 NOTICE OF SERVICE of (1) Confidential Plaintiff Magnolia Medical Technologies, Inc.'s Third Supplemental and Amended Objections and Responses to Defendant Kurin, Inc.'s First Set of Interrogatories, (2) Plaintiff Magnolia Medical Technologies, Inc.'s First Supplemental and Amended Objections and Responses to Defendant Kurin, Inc.'s Fifth Set of Interrogatories (Nos. 24) and (3) Interrogatory Verification filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 22, 2020 Opinion or Order Filing 185 [SEALED] DECLARATION re #184 Answering Brief in Opposition to Magnolia's Motion for Leave to Amend Complaint, executed by Jacob S. Zweig by Kurin, Inc.. (Dorsney, Kenneth)
September 22, 2020 Opinion or Order Filing 184 [SEALED] ANSWERING BRIEF in Opposition re #166 MOTION to Amend/Correct THE COMPLAINT filed by Kurin, Inc..Reply Brief due date per Local Rules is 9/29/2020. (Dorsney, Kenneth)
September 21, 2020 Opinion or Order Filing 183 NOTICE OF SERVICE of (1) Confidential Plaintiff Magnolia Medical Technologies, Inc.'s Second Supplemental Objections and Responses to Defendant Kurin, Inc.'s First Set of Interrogatories (No. 6), (2) Plaintiff Magnolia Medical Technologies, Inc.'s Second Supplemental and Amended Objections and Responses to Defendant Kurin, Inc.'s Second Set of Interrogatories (No. 9), (3) Plaintiff Magnolia Medical Technologies, Inc.'s Second Supplemental Objections and Responses to Defendant Kurin, Inc.'s Third Set of Interrogatories (No. 10) and (4) Confidential Plaintiff Magnolia Medical Technologies, Inc.'s Supplemental Objections and Responses to Defendant Kurin, Inc.'s Fourth Set of Interrogatories (Nos. 13-16, 19-22) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 18, 2020 Opinion or Order Filing 182 NOTICE OF SERVICE of (1)Kurin's responses to fourth set of interrogatories (Nos. 15-24); (2) Kurin's responses to first set of requests for admission (No. 1); (3) Kurin's Supplemental response to Interrogatory (Nos.7); (4) Kurin's responses to third set of requests for production (Nos. 67) filed by Kurin, Inc..(Dorsney, Kenneth)
September 17, 2020 Opinion or Order Filing 181 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Objections and Responses to Defendant Kurin, Inc.'s Fifth Set of Interrogatories (Nos. 24-25) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 16, 2020 Opinion or Order Filing 180 REDACTED VERSION of #167 Opening Brief in Support by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
September 16, 2020 Opinion or Order Filing 179 REDACTED VERSION of #166 MOTION to Amend/Correct THE COMPLAINT by Magnolia Medical Technologies, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 Second Amended Complaint, #3 Exhibit A to Second Amended Complaint, #4 Exhibit B to Second Amended Complaint, #5 Exhibit C to Second Amended Complaint, #6 Exhibit D to Second Amended Complaint, #7 Exhibit E to Second Amended Complaint, #8 Exhibit F to Second Amended Complaint, #9 Exhibit G to Second Amended Complaint, #10 Exhibit H to Second Amended Complaint, #11 Exhibit I to Second Amended Complaint, #12 Exhibit J to Second Amended Complaint, #13 Exhibit K to Second Amended Complaint, #14 Exhibit L to Second Amended Complaint, #15 Exhibit M to Second Amended Complaint, #16 Exhibit N to Second Amended Complaint, #17 Exhibit O to Second Amended Complaint, #18 Exhibit P to Second Amended Complaint, #19 Exhibit Q to Second Amended Complaint, #20 Exhibit R to Second Amended Complaint, #21 Exhibit S to Second Amended Complaint, #22 Exhibit T to Second Amended Complaint, #23 Exhibit U to Second Amended Complaint, #24 Exhibit V to Second Amended Complaint, #25 Exhibit W to Second Amended Complaint, #26 Exhibit X to Second Amended Complaint, #27 Exhibit Y to Second Amended Complaint, #28 Exhibit Z to Second Amended Complaint, #29 Exhibit AA to Second Amended Complaint, #30 Exhibit BB to Second Amended Complaint, #31 Exhibit CC to Second Amended Complaint, #32 Exhibit DD to Second Amended Complaint, #33 Exhibit EE to Second Amended Complaint, #34 Exhibit FF to Second Amended Complaint, #35 Exhibit GG to Second Amended Complaint, #36 Exhibit HH to Second Amended Complaint, #37 Exhibit II to Second Amended Complaint, #38 Exhibit JJ to Second Amended Complaint, #39 Exhibit KK to Second Amended Complaint, #40 Exhibit LL to Second Amended Complaint, #41 Exhibit 2 Redline Second Amended Complaint)(McCann, Douglas)
September 16, 2020 Opinion or Order Filing 178 MOTION for Hearing re #177 Letter motion for teleconference to resolve discovery dispute - filed by Kurin, Inc.. Motions referred to Christopher J. Burke.(Dorsney, Kenneth)
September 16, 2020 Opinion or Order Filing 177 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Discovery Dispute - re 170 Order Setting Teleconference,,,,,. (Dorsney, Kenneth)
September 14, 2020 Opinion or Order Filing 176 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Objections and Responses to Defendant Kurin, Inc.'s First Set of Requests for Admission (Nos. 1-29), Plaintiff Magnolia Medical Technologies, Inc.'s Objections and Responses to Defendant Kurin, Inc.'s Second Set of Requests for Production (Nos. 39-52) and Plaintiff Magnolia Medical Technologies, Inc.'s Objections and Responses to Defendant Kurin, Inc.'s Fourth Set of Interrogatories (Nos. 11-23) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 14, 2020 Opinion or Order Filing 175 REDACTED VERSION of #164 Declaration of Louis Wai by Kurin, Inc.. (Dorsney, Kenneth)
September 14, 2020 Opinion or Order Filing 174 REDACTED VERSION of #163 Reply Brief in support of motion for leave to file sur-reply by Kurin, Inc.. (Dorsney, Kenneth)
September 11, 2020 Opinion or Order Filing 173 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Supplemental Objections and Responses to Defendant Kurin, Inc.'s First Set of Interrogatories (No. 6) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 9, 2020 Opinion or Order Filing 172 NOTICE OF SERVICE of Bradley Nelson's Objections and Responses to Kurin, Inc.'s Subpoena to Testify at a Deposition and Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 9, 2020 Opinion or Order Filing 171 NOTICE OF SERVICE of (1) Plaintiff Magnolia Medical Technologies, Inc.'s Notice of Subpoena on Pipeline Design & Engineering, LLC, Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action and Subpoena to Testify at a Deposition in a Civil Action, and (2) Plaintiff Magnolia Medical Technologies, Inc.'s Supplemental and Amended Objections and Responses to Defendant Kurin, Inc.'s First Set of Interrogatories (Nos. 1, 3, 8) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 9, 2020 Opinion or Order Filing 170 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' September 8, 2020 letter requesting a discovery teleconference regarding one discovery dispute. (D.I. 165) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for October 5, 2020 at 11:00 a.m. before Judge Christopher J. Burke.; (2) By no later than September 16, 2020, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than September 23, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The moving party shall file the Motion For Teleconference To Resolve Discovery Dispute discussed in the Courts October 8, 2019 Oral Order. (D.I. 41); (5) By no later than October 1, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 9/9/2020. (dlb)
September 9, 2020 Opinion or Order Filing 169 REDACTED VERSION of #160 Declaration of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit GG)(McCann, Douglas)
September 9, 2020 Opinion or Order Filing 168 REDACTED VERSION of #159 Answering Brief in Opposition, by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit GG)(McCann, Douglas)
September 8, 2020 Opinion or Order Filing 167 [SEALED] OPENING BRIEF in Support re #166 MOTION to Amend/Correct THE COMPLAINT filed by Magnolia Medical Technologies, Inc..Answering Brief/Response due date per Local Rules is 9/22/2020. (McCann, Douglas)
September 8, 2020 Opinion or Order Filing 166 [SEALED] MOTION to Amend/Correct THE COMPLAINT - filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 Second Amended Complaint, #3 Ex A to Second Amended Complaint, #4 Ex B to Second Amended Complaint, #5 Ex C to Second Amended Complaint, #6 Ex D to Second Amended Complaint, #7 Ex E to Second Amended Complaint, #8 Ex F to Second Amended Complaint, #9 Ex G to Second Amended Complaint, #10 Ex H to Second Amended Complaint, #11 Ex I to Second Amended Complaint, #12 Ex J to Second Amended Complaint, #13 Ex K to Second Amended Complaint, #14 Ex L to Second Amended Complaint, #15 Ex M to Second Amended Complaint, #16 Ex N to Second Amended Complaint, #17 Ex O to Second Amended Complaint, #18 Ex P to Second Amended Complaint, #19 Ex Q to Second Amended Complaint, #20 Ex R to Second Amended Complaint, #21 Ex S to Second Amended Complaint, #22 Ex T to Second Amended Complaint, #23 Ex U to Second Amended Complaint, #24 Ex V to Second Amended Complaint, #25 Ex W to Second Amended Complaint, #26 Ex X to Second Amended Complaint, #27 Ex Y to Second Amended Complaint, #28 Ex Z to Second Amended Complaint, #29 Ex AA to Second Amended Complaint, #30 Ex BB to Second Amended Complaint, #31 Ex CC to Second Amended Complaint, #32 Ex DD to Second Amended Complaint, #33 Ex EE to Second Amended Complaint, #34 Ex FF to Second Amended Complaint, #35 Ex GG to Second Amended Complaint, #36 Ex HH to Second Amended Complaint, #37 Ex II to Second Amended Complaint, #38 Ex JJ to Second Amended Complaint, #39 Ex KK to Second Amended Complaint, #40 Ex LL to Second Amended Complaint, #41 Exhibit 2 Redline Second Amended Complaint)(McCann, Douglas)
September 8, 2020 Opinion or Order Filing 165 Letter to Judge Burke from K. Dorsney regarding Requesting Discovery Teleconference. (Dorsney, Kenneth)
September 8, 2020 Opinion or Order Filing 164 [SEALED] DECLARATION re #163 Reply Brief -- executed by Louis Wai by Kurin, Inc.. (Dorsney, Kenneth)
September 8, 2020 Opinion or Order Filing 163 [SEALED] REPLY BRIEF re #150 MOTION for Leave to File sur-reply to motion for leave to amend infringement contentions filed by Kurin, Inc.. (Dorsney, Kenneth)
September 8, 2020 Opinion or Order Filing 162 REDACTED VERSION of #150 MOTION for Leave to File sur-reply to motion for leave to amend infringement contentions by Kurin, Inc.. (Dorsney, Kenneth)
September 3, 2020 Opinion or Order Filing 161 NOTICE OF SERVICE of Kurin's Supplemental Responses to Magnolia's Interrogatory Nos. 10, 12 and 14 filed by Kurin, Inc..(Dorsney, Kenneth)
September 2, 2020 Opinion or Order Filing 160 [SEALED] DECLARATION re #159 Answering Brief in Opposition, of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit GG)(McCann, Douglas)
September 2, 2020 Opinion or Order Filing 159 [SEALED] ANSWERING BRIEF in Opposition re #150 MOTION for Leave to File sur-reply to motion for leave to amend infringement contentions filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit GG)(McCann, Douglas)
September 2, 2020 Opinion or Order Filing 158 REDACTED VERSION of #147 Letter by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McCann, Douglas)
September 1, 2020 Opinion or Order Filing 157 REDACTED VERSION of #142 Reply Brief,, by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit S, #2 Exhibit T, #3 Exhibit U, #4 Exhibit V, #5 Exhibit W, #6 Exhibit X, #7 Exhibit Y, #8 Exhibit Z, #9 Exhibit AA, #10 Exhibit BB, #11 Exhibit CC, #12 Exhibit DD, #13 Exhibit EE, #14 Exhibit FF)(McCann, Douglas)
September 1, 2020 Opinion or Order Filing 156 REDACTED VERSION of #143 Declaration, of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit S, #2 Exhibit T, #3 Exhibit U, #4 Exhibit V, #5 Exhibit W, #6 Exhibit X, #7 Exhibit Y, #8 Exhibit Z, #9 Exhibit AA, #10 Exhibit BB, #11 Exhibit CC, #12 Exhibit DD, #13 Exhibit EE, #14 Exhibit FF)(McCann, Douglas)
September 1, 2020 Opinion or Order Filing 155 REQUEST for Oral Argument by Magnolia Medical Technologies, Inc. re #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions. (McCann, Douglas)
September 1, 2020 Opinion or Order Filing 154 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Supplemental Objections and Responses to Defendant Kurin, Inc.'s Second Set of Interrogatories (No. 9) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
September 1, 2020 Opinion or Order Filing 153 ORAL ORDER: The Court, having reviewed Defendant's motion regarding a discovery dispute ("Motion"), (D.I. 139), in which Defendant requests that Plaintiff "be ordered to search and produce the electronic documents of [Plaintiff's] now-former V.P. of Marketing Brad Nelson[,]" (D.I. 138 at 1), the letter briefing related thereto, (D.I. 138; D.I. 147), and having heard oral argument on August 31, 2020, ("Tr."), hereby ORDERS that Defendant's Motion is GRANTED. Defendant has demonstrated good cause to justify this deviation from the Scheduling Order's terms (which had required the parties to only produce documents from seven custodians, absent a showing of good cause"). (D.I. 24, ex. B at 2(a)) First, Defendant must demonstrate its own diligence in seeking the information, see GlaxoSmithKline LLC v. Glenmark Pharms. Inc., Civil Action No. 14-877-LPS-CJB, 2016 WL 7319670, at *1 (D. Del. Dec. 15, 2016), and on that front, Defendant has done enough. It identified Mr. Nelson to Plaintiff months ago as someone it believed might have relevant information. (D.I. 138 at 1) After Mr. Nelson was not included in the group of seven Plaintiff custodians whose documents were searched, Defendant raised the instant dispute with Plaintiff in a reasonable time framei.e., about six weeks after Plaintiff provided the bulk of its 110,000 documents to Defendant (which Defendant had to first take time to review and process). (Tr. at 8, 16; see also id. at 29) Though Defendant did not thereafter bring the dispute to the Court's attention until August 10, 2020, (D.I. 113), the Court does not have the record before it to hold this further one-and-a-half month gap against Defendant, given the back-and-forth typically needed to meet and confer on an issue like this, (Tr. at 17). From there, Defendant has established that Mr. Nelson is likely to have a good number of relevant documents pursuant to Federal Rule of Civil Procedure 26(b)(1) (and even Plaintiff does not contest this), in that: (1) Mr. Nelson's position and his time of service with Plaintiff likely means that his documents will contain information regarding, inter alia, objective indicia of non-obviousness and damages; and (2) Mr. Nelson appears on thousands of Plaintiff-produced e-mails. (D.I. 138 at 1-3; D.I. 147 at 1, 3 (Plaintiff noting that Mr. Nelson's name is "all over" a number of documents already produced); Tr. at 35) Moreover, the Court is not convinced that Mr. Nelson's responsive documents will be unreasonably cumulative or duplicative of others already produced, pursuant to Rule 26(b)(2)(C)(i), in that his role as V.P. of Marketing suggests that he likely would have had various communications with company employees and with third parties about relevant subject matter that would not have included other custodians (like Plaintiff's CEO or CCO, who had higher-level positions with the company). (D.I. 138 at 3; Tr. at 12-13) Moreover, Defendant has not demonstrated, pursuant to Rule 26(b)(1), that the burden or expense of this discovery outweighs its likely benefit, or that such discovery would not be proportional to the needs of the case. The Court understands that the parties are not large companies, and that cost and burden were a factor in the parties' agreement to the seven-custodian limit in the first place. (D.I. 147 at 2) But Plaintiff could have provided the Court with a record (i.e., by way of submission of a declaration or affidavit, or via some other similar means) to help the Court conclude that the collection, search, review and production of Mr. Nelson's documents would be unduly burdensome or costly, or that it would be disproportionate to either the amount in controversy or the parties' resources or some other relevant metric. If Plaintiff had, the decision may have gone the other way here. But though Plaintiff called such an effort an "incredible burden" in its letter brief, (D.I. 147 at 3), it made no record in support of that claim; thus, the Court cannot rule in its favor on these grounds, (see also Tr. at 39-40). Lastly, and in part because of Plaintiff's failing in this regard, the Court does not know how long it would reasonably take Plaintiff to produce Mr. Nelson's documents (though it guesses that doing so by September 4, as Defendant requests, is likely too quick of a timeframe). (D.I. 138 at 3) So the parties should meet and confer regarding a production date.". Ordered by Judge Christopher J. Burke on 9/1/2020. (dlb)
September 1, 2020 Opinion or Order CORRECTING ENTRY: D.I. #152 has been corrected per request of filer to reflect that it is a Notice of Withdrawal of Counsel and not a Motion to Withdraw. (nmf)
August 31, 2020 Opinion or Order Filing 152 NOTICE OF WITHDRAWAL OF COUNSEL - Sabrina D. Wilson to Withdraw as Attorney - filed by Magnolia Medical Technologies, Inc. (McCann, Douglas) Modified on 9/1/2020 (nmf).
August 31, 2020 Opinion or Order Filing 151 REQUEST for Oral Argument by Kurin, Inc. re #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions. (Dorsney, Kenneth)
August 31, 2020 Opinion or Order Filing 150 [SEALED] MOTION for Leave to File sur-reply to motion for leave to amend infringement contentions - filed by Kurin, Inc.. (Attachments: #1 Exhibit Attachment A - Sur-reply, #2 Exhibit Attachment B - Declaration, #3 Exhibit Certificate of service)(Dorsney, Kenneth)
August 31, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 8/31/2020. The Court heard argument from the parties regarding Defendant's discovery dispute motion, (D.I. 139). The Court took the matter under advisement and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: D. McCann and C. Drakulich for Plaintiff; K. Dorsney and K. Boyd for Defendant. (mlc)
August 27, 2020 Opinion or Order Filing 149 NOTICE OF SERVICE of Second Supplemental Privilege Log filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 27, 2020 Opinion or Order Filing 148 NOTICE OF SERVICE of Objections and Responses to Plaintiff's Third Party Subpoena of Jamie Kelly filed by Kurin, Inc..(Dorsney, Kenneth)
August 26, 2020 Opinion or Order Filing 147 [SEALED] Letter to The Honorable Christopher J. Burke from Douglas E. McCann regarding Discovery Dispute - re #113 Letter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McCann, Douglas)
August 26, 2020 Opinion or Order Filing 146 NOTICE OF SERVICE of notice of subpoenas to Bradley Nelson for documents and to testify filed by Kurin, Inc..(Dorsney, Kenneth)
August 26, 2020 Opinion or Order Filing 145 NOTICE OF SERVICE of Kurin's supplemental response to Plaintiff's Interrogatories (Nos. 2, 11, 12 and 14) filed by Kurin, Inc..(Dorsney, Kenneth)
August 26, 2020 Opinion or Order Filing 144 REDACTED VERSION of #138 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Kurin's initial discovery dispute letter by Kurin, Inc.. (Dorsney, Kenneth)
August 25, 2020 Opinion or Order Filing 143 [SEALED] DECLARATION re #142 Reply Brief,, of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit S, #2 Exhibit T, #3 Exhibit U, #4 Exhibit V, #5 Exhibit W, #6 Exhibit X, #7 Exhibit Y, #8 Exhibit Z, #9 Exhibit AA, #10 Exhibit BB, #11 Exhibit CC, #12 Exhibit DD, #13 Exhibit EE, #14 Exhibit FF)(McCann, Douglas)
August 25, 2020 Opinion or Order Filing 142 [SEALED] REPLY BRIEF re #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit S, #2 Exhibit T, #3 Exhibit U, #4 Exhibit V, #5 Exhibit W, #6 Exhibit X, #7 Exhibit Y, #8 Exhibit Z, #9 Exhibit AA, #10 Exhibit BB, #11 Exhibit CC, #12 Exhibit DD, #13 Exhibit EE, #14 Exhibit FF)(McCann, Douglas)
August 24, 2020 Opinion or Order Filing 141 REDACTED VERSION of #136 Declaration of Louis Wai by Kurin, Inc.. (Dorsney, Kenneth)
August 24, 2020 Opinion or Order Filing 140 REDACTED VERSION of #135 Answering Brief in Opposition, to Plaintiff's Motion for Leave to Amend its Infringement and Willfulness Contentions by Kurin, Inc.. (Dorsney, Kenneth)
August 20, 2020 Opinion or Order Filing 139 MOTION for Teleconference to Resolve Discovery Dispute re #138 Letter - filed by Kurin, Inc.. Motions referred to Christopher J. Burke.(Dorsney, Kenneth)
August 20, 2020 Opinion or Order Filing 138 [SEALED] Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Kurin's initial discovery dispute letter - re 129 Order Setting Teleconference,,,,, #113 Letter. (Dorsney, Kenneth)
August 20, 2020 Opinion or Order Filing 137 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Fourth Set of Interrogatories to Defendant Kurin, Inc. (Nos. 15-24); Plaintiff Magnolia Medical Technologies, Inc.'s Third Set of Requests for Production to Defendant Kurin, Inc. (No. 67); and Plaintiff Magnolia Medical Technologies, Inc.'s First Set of Requests for Admission to Defendant Kurin, Inc. (No.1) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 20, 2020 Opinion or Order Pro Hac Vice Attorney Cyndi Claxton for Kurin, 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. (myr)
August 18, 2020 Opinion or Order Filing 136 [SEALED] DECLARATION re #135 Answering Brief in Opposition, - executed by Louis Wai by Kurin, Inc.. (Dorsney, Kenneth)
August 18, 2020 Opinion or Order Filing 135 [SEALED] ANSWERING BRIEF in Opposition re #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions filed by Kurin, Inc..Reply Brief due date per Local Rules is 8/25/2020. (Dorsney, Kenneth)
August 18, 2020 Opinion or Order Filing 134 NOTICE OF SERVICE of Kurin's Fifth Set of Interrogatories to Plaintiff filed by Kurin, Inc..(Dorsney, Kenneth)
August 18, 2020 Opinion or Order Filing 133 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s First Supplemental Objections and Responses to Defendant Kurin, Inc.'s Third Set of Interrogatories (No. 10) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 18, 2020 Opinion or Order Filing 132 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Notice of Subpoena on Jamie Kelly, Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action and Subpoena to Testify at a Deposition in a Civil Action filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 18, 2020 Opinion or Order Filing 131 NOTICE OF SERVICE of Plaintiff's Responses and Objections to Kurin, Inc.'s Notice of Deposition of Magnolia Medical Techologies, Inc. Pursuant to Rule 30(b)(6) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 18, 2020 Opinion or Order Pro Hac Vice Attorney Katherine D. Prescott for Magnolia Medical 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. (kmd)
August 17, 2020 Opinion or Order Filing 130 NOTICE OF SERVICE of - supplemental response to third interrogatory and verification. filed by Kurin, Inc..(Dorsney, Kenneth)
August 17, 2020 Opinion or Order Filing 129 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' August 10, 2020 letter requesting a discovery teleconference regarding two discovery disputes. (D.I. 113) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for August 31, 2020 at 1:00 p.m. before Judge Christopher J. Burke.; (2) By no later than August 20, 2020, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than August 26, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The moving party shall file the Motion For Teleconference To Resolve Discovery Dispute discussed in the Courts October 8, 2019 Oral Order. (D.I. 41); (5) By no later than August 27, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference and may, in that event, cancel the conference.. Signed by Judge Christopher J. Burke on 8/17/2020. (dlb)
August 14, 2020 Opinion or Order Filing 128 NOTICE to Take Deposition of David Lloyd on September 18, 2020 filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 12, 2020 Opinion or Order Filing 127 NOTICE OF SERVICE of (1) Kurin's First Set of Requests for Admission to Plaintiff (Nos. 1-29); (2) Kurin's Second Set of Requests for Production to Plaintiff (Nos. 39-52); and (3) Kurin's Fourth Set of Interrogatories to Plaintiff (Nos. 11-23) filed by Kurin, Inc..(Dorsney, Kenneth)
August 12, 2020 Opinion or Order Filing 126 NOTICE OF SERVICE of Kathryn Beal, M.D.'s Objections and Responses to Kurin, Inc.'s Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action; Shan E. Gaw's Objections and Responses to Kurin, Inc.'s Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action and Jay M. Miazga's Objections and Responses to Kurin, Inc.'s Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 12, 2020 Opinion or Order Filing 125 NOTICE to Take Deposition of Abby Norfleet on September 2, 2020 filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 12, 2020 Opinion or Order Filing 124 NOTICE to Take Deposition of Kevin Nason on August 20, 2020 filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 12, 2020 Opinion or Order Filing 123 NOTICE to Take Deposition of Matt Heindel on August 21, 2020 filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 12, 2020 Opinion or Order Filing 122 NOTICE to Take Deposition of Chuck Covington on August 19, 2020 filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 12, 2020 Opinion or Order Filing 121 NOTICE to Take Deposition of Bob Rogers on August 17, 2020 filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
August 11, 2020 Opinion or Order Filing 120 REDACTED VERSION of #109 Exhibit to a Document Exhibit C-R - Volume 3 by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
August 11, 2020 Opinion or Order Filing 119 REDACTED VERSION of #108 Exhibit to a Document Exhibit B - Volume 2 by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
August 11, 2020 Opinion or Order Filing 118 REDACTED VERSION of #107 Declaration of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A - Volume 1)(McCann, Douglas)
August 11, 2020 Opinion or Order Filing 117 REDACTED VERSION of #106 Opening Brief in Support, by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
August 11, 2020 Opinion or Order Filing 116 REDACTED VERSION of #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions by Magnolia Medical Technologies, Inc.. (Attachments: #1 Text of Proposed Order)(McCann, Douglas)
August 11, 2020 Opinion or Order Filing 115 NOTICE OF SERVICE of Second supplemental privilege log filed by Kurin, Inc..(Dorsney, Kenneth)
August 11, 2020 Opinion or Order Filing 114 NOTICE OF SERVICE of (1) Kurin's notice of deposition of Greg Bullington; (2) Kurin's notice of deposition of Bob Gerberich; (3) Kurin's notice of deposition of Tamara Johnson; (4) Kurin's notice of deposition of Richard Patton; and (5) Kurin's notice of deposition of Matthew Stuckert filed by Kurin, Inc..(Dorsney, Kenneth)
August 11, 2020 Opinion or Order SO ORDERED, re #112 MOTION for Pro Hac Vice Appearance of Attorney Katherine D. Prescott and Charles N. Reese, Jr. filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 8/11/2020. (fms)
August 10, 2020 Opinion or Order Filing 113 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding request for the scheduling of a discovery teleconference. (Dorsney, Kenneth)
August 10, 2020 Opinion or Order Filing 112 MOTION for Pro Hac Vice Appearance of Attorney Katherine D. Prescott and Charles N. Reese, Jr. - filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
August 6, 2020 Opinion or Order SO ORDERED, re #111 MOTION for Pro Hac Vice Appearance of Attorney James Huguenin-Love filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 8/6/2020. (fms)
August 5, 2020 Opinion or Order Filing 111 MOTION for Pro Hac Vice Appearance of Attorney James Huguenin-Love - filed by Magnolia Medical Technologies, Inc.. (Oakes, Robert)
August 5, 2020 Opinion or Order Filing 110 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Notice of Subpoena on Ward Sparacio, Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action and Subpoena to Testify at a Deposition in a Civil Action filed by Magnolia Medical Technologies, Inc..(Oakes, Robert)
August 4, 2020 Opinion or Order Filing 109 [SEALED] EXHIBIT re #107 Declaration Exhibit C-R - Volume 3 by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
August 4, 2020 Opinion or Order Filing 108 [SEALED] EXHIBIT re #107 Declaration Exhibit B - Volume 2 by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
August 4, 2020 Opinion or Order Filing 107 [SEALED] DECLARATION re #106 Opening Brief in Support, of Douglas E. McCann by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A - Volume 1)(McCann, Douglas)
August 4, 2020 Opinion or Order Filing 106 [SEALED] OPENING BRIEF in Support re #105 MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions filed by Magnolia Medical Technologies, Inc..Answering Brief/Response due date per Local Rules is 8/18/2020. (McCann, Douglas)
August 4, 2020 Opinion or Order Filing 105 [SEALED] MOTION for Leave to File Plaintiff's Motion for Leave to Amend its Disclosure of Infringement and Willfulness Contentions - filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Text of Proposed Order)(McCann, Douglas)
July 31, 2020 Opinion or Order Filing 104 NOTICE OF SERVICE of Kurin's Supplemental Response to Magnolia's Interrogatory No. 10 filed by Kurin, Inc..(Dorsney, Kenneth)
July 30, 2020 Opinion or Order Filing 103 NOTICE OF SERVICE of Objections to 30(b)(6) notice of deposition filed by Kurin, Inc..(Dorsney, Kenneth)
July 28, 2020 Opinion or Order Filing 102 NOTICE OF SERVICE of (1) Kurin's subpoena to testify at deposition to Kathryn Beal; (2) Kurin's subpoena to testify at deposition to Shan Gaw; (3) Kurin's subpoena to testify at deposition to Jay Miazga; (4) Kurin's subpoena to produce documents to Kathryn Beal; (5) Kurin's subpoena to produce documents to Shan Gaw; and (6) Kurin's subpoena to produce documents to Jay Miazga filed by Kurin, Inc..(Dorsney, Kenneth)
July 21, 2020 Opinion or Order Filing 101 REDACTED VERSION of #97 Notice (Other) of 30(b)(6) Deposition to Plaintiff by Kurin, Inc.. (Dorsney, Kenneth)
July 20, 2020 Opinion or Order Filing 100 NOTICE OF SERVICE of Magnolia's First Amended Disclosure of Asserted Claims and Infringement Contentions filed by Magnolia Medical Technologies, Inc..(Oakes, Robert)
July 16, 2020 Opinion or Order Filing 99 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Second Amended Initial Disclosures and Plaintiff Magnolia Medical Technologies, Inc.'s First Supplemental Objections and Responses to Defendant Kurin, Inc.'s First Set of Interrogatories (Nos. 1, 3, 4, 7, 8) filed by Magnolia Medical Technologies, Inc..(Oakes, Robert)
July 16, 2020 Opinion or Order Filing 98 NOTICE of Rule 30(b)(6) Deposition of Kurin, Inc. by Magnolia Medical Technologies, Inc. (Oakes, Robert)
July 15, 2020 Opinion or Order Filing 97 [SEALED] NOTICE of 30(b)(6) Deposition Notice of Magnolia Medical Technologies, Inc. by Kurin, Inc. (Dorsney, Kenneth)
July 1, 2020 Opinion or Order Filing 96 ORAL ORDER: The Court, having considered Plaintiff Magnolia Medical Technologies, Inc.'s ("Magnolia") discovery dispute motion ("Motion"), (D.I. 84), in which it asks the Court to order Defendant Kurin, Inc. ("Kurin") to provide complete written responses to Magnolia"s Interrogatory Nos. 4 and 10, (D.I. 83 at 1), the parties' letter briefs relating thereto, (D.I. 83; D.I. 88), and having heard argument on June 29, 2020, hereby ORDERS that the Motion is GRANTED-IN-PART as follows: (1) With respect to Interrogatory No. 4, the parties have agreed that Magnolia's request is now MOOT. (2) With respect to Interrogatory No. 10, Magnolia's request is GRANTED to the extent that by no later than July 31, 2020, Kurin shall serve a written limitation-by-limitation response describing why it believes each prior art reference or combination of prior art references invalidates the asserted claims of the 001, 483, and 139 patents, including the alleged motivation to combine each combination, and why it believes each asserted claim of the '001, '483, and '139 patents is invalid under 35 U.S.C. 112. Magnolia served Interrogatory No. 10 on January 31, 2020, and Kurin has not yet substantively responded. (D.I. 83 at 1-2) The Federal Rules, however, require a party to serve its answers and any objections within 30 days after being served with an interrogatory (absent the parties' agreement or a court order setting forth a different deadline). Fed. R. Civ. P. 33(b)(2). Rule 33 does not permit a party to unilaterally set its own deadline to respond to an interrogatory, and there is no good reason why Kurin should not respond to this interrogatory during the discovery period in this case. Moreover, in light of the lack of explanation in Kurin's invalidity contentions (and in its supplemental letter) with respect to Kurin's obviousness contentions (e.g., why certain references read on certain claim language, or why a POSITA would have been motivated to combine certain references for obviousness purposes) and in its Section 112 defenses, the Court can certainly understand why Magnolia served Interrogatory No. 10 in the first place. (See D.I. 83, exs. C, D) The Court is mindful of Kurin's argument that Kurin may have to amend its invalidity contentions (which would likely impact any response to Interrogatory No. 10) if Magnolia amends its infringement contentions (as Magnolia hopes to do by mid-July); thus, if Kurin were required to respond to Interrogatory No. 10 right now, and then have to supplement that response after receipt of any properly amended infringement contentions, this would cause Kurin some extra work. (D.I. 88 at 3) However, the Court is also mindful that Interrogatory No. 10 has now been pending for six months. The Court's Order is meant to account both for Kurins extra work concern, but also for Magnolias need to get a long-overdue answer to this interrogatory. Thus, if Magnolia serves amended infringement contentions by July 17, 2020 (as it says it plans to do), and Kurin does not object to such contentions on "good cause" grounds, then Kurin's interrogatory response on July 31 will be able to account for those amended contentions. But if such amended infringement contentions are not in the case by then (e.g., because Kurin has objected on "good cause" grounds to Magnolia's proposed amended infringement contentions, and there has been no resolution to that "good cause" dispute), Kurin shall nevertheless still be required serve a response to Interrogatory No. 10 by July 31, absent further order of the Court. (3) With respect to Magnolia's request during the teleconference that the Court require Kurin to narrow its invalidity contentions to three primary references for each asserted claim, the Court DENIES the request. That dispute is not yet ripe and therefore has not been properly teed up before the Court. To extent the parties seek further relief regarding case narrowing after further meeting and conferring, they may bring that issue to the Courts attention in the future. Ordered by Judge Christopher J. Burke on 7/1/2020. (dlb)
July 1, 2020 Opinion or Order Filing 95 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Supplemental Privilege Log filed by Magnolia Medical Technologies, Inc..(Oakes, Robert)
July 1, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 7/1/2020. (Court Reporter V. Gunning.) (nmf)
June 30, 2020 Opinion or Order Filing 94 DECLARATION re Oral Order,,,,, Order Setting Teleconference,,,, executed by Jonathan Hangartner in support of Kurin's Samples of the Accused Product by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2020 Opinion or Order Filing 93 MOTION for Pro Hac Vice Appearance of Attorney Cyndi Claxton - filed by Kurin, Inc.. (Dorsney, Kenneth)
June 30, 2020 Opinion or Order Pro Hac Vice Attorney Jennifer Seraphine for Kurin, 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. (kmd)
June 30, 2020 Opinion or Order SO ORDERED, re #93 MOTION for Pro Hac Vice Appearance of Attorney Cyndi Claxton filed by Kurin, Inc. Signed by Judge Colm F. Connolly on 6/30/2020. (fms)
June 29, 2020 Opinion or Order Filing 92 NOTICE OF SERVICE of Objections to Plaintiff's Third Party Subpoena of David Stroup filed by Kurin, Inc..(Dorsney, Kenneth)
June 29, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 6/29/2020. The Court heard argument from the parties regarding Plaintiff's discovery dispute. The Court took the matter under advisement and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: R. Oakes, C. Drakulich, M. Samuel for Plaintiff; B. Townsend, K. Boyd, J. Zweig for Defendant. (mlc)
June 24, 2020 Opinion or Order Filing 91 REDACTED VERSION of #85 Letter, regarding Plaintiff's opposition to Defendant's letter seeking leave to file an early motion for summary judgment of non-infringement of asserted patent 9,855,001 by Magnolia Medical Technologies, Inc.. (Oakes, Robert)
June 24, 2020 Opinion or Order ORAL ORDER: A telephone conference will be held on July 1, 2020 at 1:00 p.m. to address Defendant's request for leave to file a motion for summary judgment of noninfringement of the #001 patent. The Court notes that stopping a flow is not the same thing as diverting a flow. The parties shall be prepared to explain to the Court during the telephone conference whether the porous plug and umbrella valve depicted in the engineering drawings on page 3 of Plaintiff's letter (1) stop, (2) divert, or (3) can both stop and divert the "first flow path (U-shaped sequestration reservoir)" depicted in the image on page 2 of Plaintiff's letter. If either party thinks it would be helpful to the Court, it is invited to provide (either jointly or individually) the Court with a sample of the accused product before the telephone conference. ORDER Setting Teleconference: Counsel for Defendant to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 7/1/2020 at 01:00 PM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 6/24/2020. (nmf)
June 23, 2020 Opinion or Order Filing 90 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Revised Privilege Log filed by Magnolia Medical Technologies, Inc..(Oakes, Robert)
June 23, 2020 Opinion or Order Filing 89 REDACTED VERSION of #83 Letter, regarding Discovery Dispute by Magnolia Medical Technologies, Inc.. (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 Exhibit J)(Oakes, Robert)
June 22, 2020 Opinion or Order Filing 88 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding Kurin's responsive discovery dispute letter - re 77 Order Setting Teleconference,,,,,. (Dorsney, Kenneth)
June 22, 2020 Opinion or Order Filing 87 NOTICE OF SERVICE of Kurin's supplemental response to Magnolia's Interrogatories (No. 4) filed by Kurin, Inc..(Dorsney, Kenneth)
June 22, 2020 Opinion or Order Filing 86 Letter to The Honorable Colm F. Connolly from Kenneth L. Dorsney regarding Kurin's request for leave to file an early motion for summary judgment of non-infringement. (Dorsney, Kenneth)
June 19, 2020 Opinion or Order Filing 85 [SEALED] Letter to The Honorable Colm F. Connolly from Robert M. Oakes regarding Plaintiff's opposition to Defendant's letter seeking leave to file an early motion for summary judgment of non-infringement of asserted patent 9,855,001 - re #78 Letter. (Oakes, Robert)
June 17, 2020 Opinion or Order Filing 84 MOTION for Discovery Teleconference to Resolve Discovery Dispute - filed by Magnolia Medical Technologies, Inc.. Motions referred to Christopher J. Burke.(Oakes, Robert)
June 17, 2020 Opinion or Order Filing 83 [SEALED] Letter to Magistrate Judge Christopher J. Burke from Robert M. Oakes regarding Discovery Dispute - re #76 Letter. (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 Exhibit J)(Oakes, Robert)
June 17, 2020 Opinion or Order Filing 82 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Privilege Log filed by Magnolia Medical Technologies, Inc..(Oakes, Robert)
June 16, 2020 Opinion or Order Filing 81 NOTICE OF SERVICE of Kurin's Privilege Log filed by Kurin, Inc..(Dorsney, Kenneth)
June 15, 2020 Opinion or Order Filing 80 NOTICE OF SERVICE of Magnolia Medical Technologies, Inc.'s Subpoena to Testify at a Deposition and Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
June 15, 2020 Opinion or Order Filing 79 Letter to The Honorable Colm F. Connolly from Robert M. Oakes regarding Response to Defendant's request for leave to file an early summary judgment motion - re #78 Letter. (Oakes, Robert)
June 12, 2020 Opinion or Order Filing 78 Letter to The Honorable Colm F. Connolly from Kenneth L. Dorsney regarding Kurin's request for leave to file a motion for summary judgment of noninfringement of asserted patent 9,855,001. (Dorsney, Kenneth)
June 12, 2020 Opinion or Order Filing 77 ORAL ORDER: Setting Teleconference: The Court has reviewed the parties' June 11, 2020 letter requesting a discovery teleconference regarding two discovery disputes. (D.I. 76) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for June 29, 2020 at 1:00 p.m. before Judge Christopher J. Burke.; (2) By no later than June 17, 2020, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than June 22, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The moving party shall file the Motion For Teleconference To Resolve Discovery Dispute discussed in the Courts October 8, 2019 Oral Order. (D.I. 41); (5) By no later than June 26, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 6/12/2020. (dlb)
June 11, 2020 Opinion or Order Filing 76 Letter to Magistrate Judge Christopher J. Burke from Robert M. Oakes and Kenneth L. Dorsney regarding Request for Scheduling a Discovery Teleconference. (Oakes, Robert)
May 20, 2020 Opinion or Order Filing 75 CLAIM CONSTRUCTION ORDER Signed by Judge Colm F. Connolly on 5/20/2020. (nmf)
May 20, 2020 Opinion or Order Filing 74 MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 5/20/2020. (nmf)
April 29, 2020 Opinion or Order Filing 73 Letter to The Honorable Colm F. Connolly from Kenneth L. Dorsney regarding response to Magnolia's supplemental claim construction letter regarding the structure for "diverter". (Dorsney, Kenneth)
April 24, 2020 Opinion or Order Filing 72 PROPOSED ORDER re Claim Construction by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
April 22, 2020 Opinion or Order Filing 71 Letter to The Honorable Colm F. Connolly from Douglas E. McCann regarding Proposed Structure for "Diverter". (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McCann, Douglas)
April 16, 2020 Opinion or Order SO ORDERED, re #69 Stipulation filed by Magnolia Medical Technologies, Inc., Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 9/18/2020., Opening Expert Reports due by 10/16/2020., Rebuttal Expert Reports due by 11/6/2020. Signed by Judge Colm F. Connolly on 4/16/2020. (fms)
April 15, 2020 Opinion or Order Filing 70 Letter to The Honorable Colm F. Connolly from Douglas E. McCann regarding the reduction in claim terms. (McCann, Douglas)
April 15, 2020 Opinion or Order Filing 69 STIPULATION Regarding Extension of Discovery Deadlines by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
April 15, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 4/15/2020. (Court Reporter V. Gunning.) (nmf)
April 14, 2020 Opinion or Order ORAL ORDER: The Court has reviewed carefully the parties' claim construction briefing. Defendant is hereby reminded that it is the practice of this judge not to entertain invalidity and unenforceability contentions made directly or indirectly through claim construction briefing and argument. The Court would like to know at the outset of tomorrow's argument whether the parties would agree to construe "diverter" to mean "a component that changes the direction of the flow of the fluid." Defendant shall be prepared to explain to the Court how "sequester" is different from "isolate." Plaintiff shall be prepared to explain to the Court how a housing can exist without housing anything and how an enclosure can exist without enclosing anything. The Court expects that the argument tomorrow should last no more than 60 minutes. Ordered by Judge Colm F. Connolly on 4/14/2020. (nmf)
April 2, 2020 Opinion or Order Filing 68 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Objections and Responses to Defendant Kurin, Inc.'s Third Set of Interrogatories (No. 10) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
April 2, 2020 Opinion or Order ORAL ORDER: The Court has reviewed Plaintiff's letter dated March 27, 2020 (D.I. #67 ). In light of Defendant's objection to the use of a shared software presentation, the Court will convene the hearing by telephone at 9:15 a.m. on April 15, 2020. Defendant shall be responsible for arranging the teleconference. If a party wishes to rely on slides during the telephone hearing, it must submit the slides by email to the Court no later than 24 hours before the telephone hearing. Ordered by Judge Colm F. Connolly on 4/2/2020. (nmf)
March 27, 2020 Opinion or Order Filing 67 Letter to The Honorable Colm F. Connolly from Douglas E. McCann regarding Claim Construction Hearing. (McCann, Douglas)
March 27, 2020 Opinion or Order Filing 66 CLAIM Construction Chart by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A - Disputed Constructions, #2 Exhibit B - Agreed-Upon Constructions)(McCann, Douglas)
March 16, 2020 Opinion or Order Filing 65 NOTICE OF SERVICE of Kurin's response to Magnolia's Third Set of Interrogatories (Nos. 13-14) filed by Kurin, Inc..(Dorsney, Kenneth)
March 9, 2020 Opinion or Order Filing 64 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Amended Initial Disclosures filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
March 5, 2020 Opinion or Order Filing 63 MOTION for Pro Hac Vice Appearance of Attorney Jon Hangartner - filed by Kurin, Inc.. (Dorsney, Kenneth)
March 5, 2020 Opinion or Order SO ORDERED, re #63 MOTION for Pro Hac Vice Appearance of Attorney Jon Hangartner filed by Kurin, Inc. Signed by Judge Colm F. Connolly on 3/5/2020. (fms)
March 2, 2020 Opinion or Order Filing 62 NOTICE OF SERVICE of (1) Kurin's response to Magnolia's Second Set of Interrogatories (Nos. 9-12); (2) Kurin's response to Magnolia's Second Set of Requests for Production (Nos. 60-66); and (3) Kurin's Third Set of Interrogatories to Magnolia (No. 10) filed by Kurin, Inc..(Dorsney, Kenneth)
February 19, 2020 Opinion or Order Filing 61 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Third Set of Interrogatories to Defendant Kurin, Inc. (Nos. 13-14) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
February 11, 2020 Opinion or Order Filing 60 Joint APPENDIX re #59 Joint Claim Construction Brief by Magnolia Medical Technologies, Inc.. (Attachments: #1 Appendix JA0001-JA0199, #2 Appendix JA0200-JA0350)(Oakes, Robert)
February 11, 2020 Opinion or Order Filing 59 JOINT CLAIM CONSTRUCTION BRIEF filed by Magnolia Medical Technologies, Inc.. (Oakes, Robert)
February 5, 2020 Opinion or Order Filing 58 NOTICE OF SERVICE of Sur-reply claim construction brief filed by Kurin, Inc..(Dorsney, Kenneth)
February 3, 2020 Opinion or Order Filing 57 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Second Set of Requests for Production to Defendant Kurin, Inc. (Nos. 60-66) and Second Set of Interrogatories to Defendant Kurin, Inc. (Nos. 9-12) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
January 27, 2020 Opinion or Order Filing 56 MOTION for Pro Hac Vice Appearance of Attorney Sabrina D. Wilson - filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
January 27, 2020 Opinion or Order SO ORDERED, re #56 MOTION for Pro Hac Vice Appearance of Attorney Sabrina D. Wilson filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 1/27/2020. (nmf)
January 22, 2020 Opinion or Order Filing 55 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 22, 2020 Opinion or Order Filing 54 NOTICE OF SERVICE of Plaintiff's Reply Claim Construction Brief filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
January 15, 2020 Opinion or Order ORAL ORDER: Due to a conflict in the Court's schedule, the Markman Hearing is rescheduled for 4/15/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 1/15/2020. (nmf)
January 7, 2020 Opinion or Order Filing 53 NOTICE OF SERVICE of (1) Kurin's Answering Claim Construction Brief; (2) Declaration of Warren P. Heim in support filed by Kurin, Inc..(Dorsney, Kenneth)
December 9, 2019 Opinion or Order Filing 52 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Objections and Responses to Defendant Kurin, Inc.'s Second Set of Interrogatories (No. 9) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
December 6, 2019 Opinion or Order Filing 51 NOTICE of Withdrawal of Maria Elena Stiteler as Counsel by Magnolia Medical Technologies, Inc. (McCann, Douglas)
November 26, 2019 Opinion or Order Filing 50 NOTICE OF SERVICE of Plaintiff's Opening Claim Construction Brief filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
November 8, 2019 Opinion or Order Filing 49 NOTICE OF SERVICE of Kurin's Second Set of Interrogatories to Plaintiff (No. 9) filed by Kurin, Inc..(Dorsney, Kenneth)
October 24, 2019 Opinion or Order CORRECTING ENTRY: Kurin Inc.'s Motion for Claim Construction has been refiled correctly with the correct pdf per request of filer. (nmf)
October 24, 2019 Opinion or Order Remark re: D.I. 45 Claim Construction Chart (Exhibits C-S). The parties are to submit with the Joint Claim Construction Chart separate text-searchable pdfs for each asserted patent(s). Parties shall file the separate pdfs electronically using CM/ECF. Each separate pdf shall be labeled using the last three digits of the number of the patent in question so that it is possible to determine from looking at the docket sheet the patent in a particular exhibit. (fms)
October 24, 2019 Opinion or Order Remark: The claim construction chart filed at D.I. 45 has been removed from the docket as it has been refiled at D.I. #48 in accordance with Judge Connolly's filing requirements. The file date of D.I. #48 has been adjusted to 10/23/2019. (fms)
October 23, 2019 Opinion or Order Filing 48 CLAIM Construction Chart by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A - Disputed Terms, #2 Exhibit B - Agreed-Upon Terms, #3 Exhibit C - '001 patent, #4 Exhibit D - '689 patent, #5 Exhibit E - '483 patent, #6 Exhibit F - '139 patent, #7 Exhibit G - App. No. 15457082 re '001 patent, #8 Exhibit H - App. No. 15832087 re '689 patent, #9 Exhibit I - App. No. 15832091 re '483 patent, #10 Exhibit J - App. No. 15899856 re '139 patent, #11 Exhibit K - App. No. 60870599, #12 Exhibit L - App. No. 11955635, #13 Exhibit M - App. No. 13954528, #14 Exhibit N - App. No. 14049326, #15 Exhibit O - App. No. 14498102, #16 Exhibit P - App. No. 14088842, #17 Exhibit Q - App. No. 15432310, #18 Exhibit R - App. No. 15435684, #19 Exhibit S - App. No. 15448891)(Oakes, Robert) Modified on 10/24/2019 (fms).
October 23, 2019 Opinion or Order Filing 47 MOTION Claim Construction - filed by Kurin, Inc. (nmf)
October 23, 2019 Opinion or Order Filing 46 MOTION for Claim Construction - filed by Magnolia Medical Technologies, Inc.(Oakes, Robert)
October 22, 2019 Opinion or Order SO ORDERED, re #44 STIPULATION TO EXTEND TIME for Parties to File Joint Claim Construction Chart to October 23, 2019 filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 10/22/2019. (fms)
October 21, 2019 Opinion or Order Filing 44 STIPULATION TO EXTEND TIME for Parties to File Joint Claim Construction Chart to October 23, 2019 - filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
October 11, 2019 Opinion or Order Filing 43 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Proposed Claim Constructions filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
October 10, 2019 Opinion or Order Filing 42 NOTICE OF SERVICE of proposed constructions for claim terms filed by Kurin, Inc..(Dorsney, Kenneth)
October 8, 2019 Opinion or Order Filing 41 ORAL ORDER: The Court, having reviewed the case history in light of the October 7, 2019 referral, hereby ORDERS that the procedures for resolving a dispute relating to discovery or the protective order set out in the Scheduling Order, (D.I. 24 at 9-10), will be modified as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery or protective order matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order for Patent cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. For disputes relating to discovery, the moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute, and for disputes relating to protective orders, the parties shall file a Joint Motion for Teleconference to Resolve Protective Order Dispute. The suggested text for these motions can be found in the same Forms tab. The Court will thereafter set a discovery or protective order dispute telephone conference. Ordered by Judge Christopher J. Burke on 10/8/2019. (mlc)
October 8, 2019 Opinion or Order SO ORDERED, re #40 STIPULATION TO EXTEND TIME of Proposed Claim Construction Dates to Various filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 10/8/2019. (fms)
October 7, 2019 Opinion or Order Filing 40 STIPULATION TO EXTEND TIME of Proposed Claim Construction Dates to Various - filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
October 7, 2019 Opinion or Order Filing 39 ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke for all disputes relating to discovery and the protective order. Signed by Judge Colm F. Connolly on 10/7/2019. (nmf)
October 2, 2019 Opinion or Order Filing 38 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Proposed Terms for Construction filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
October 1, 2019 Opinion or Order Filing 37 STIPULATED AMENDED PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 10/1/2019. (fms)
October 1, 2019 Opinion or Order Filing 36 NOTICE OF SERVICE of (1) Kurin's response to Magnolia's First Set of Interrogatories (Nos. 1-8); and (2) Kurin's Disclosure of Claim Terms for Construction filed by Kurin, Inc..(Dorsney, Kenneth)
September 27, 2019 Opinion or Order Filing 35 Letter to The Honorable Colm F. Connolly from Douglas E. McCann regarding Parties request to Amend Section G of the Protective Order - re #23 SO ORDERED, Protective Order. (Attachments: #1 Proposed Stipulated Amended Protective Order)(McCann, Douglas)
September 26, 2019 Opinion or Order The 10/2/2019 Discovery Conference is cancelled per counsel as it is no longer needed. (nmf)
September 3, 2019 Opinion or Order Filing 34 NOTICE OF SERVICE of Defendant Kurin, Inc.'s Invalidity Contentions filed by Kurin, Inc..(Dorsney, Kenneth)
August 29, 2019 Opinion or Order Filing 33 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s First Set of Interrogatories to Defendant Kurin, Inc. (Nos. 1-9) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
July 25, 2019 Opinion or Order Filing 32 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Disclosure of Asserted Claims and Infringement Contentions filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
July 24, 2019 Opinion or Order Filing 31 NOTICE OF SERVICE of Third Party Pathway, LLC's objections to Plaintiff's Subpoena to Produce Documents filed by Kurin, Inc..(Dorsney, Kenneth)
July 24, 2019 Opinion or Order Set Hearings: A Discovery Conference is set per request of counsel for 10/2/2019 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. (nmf)
July 17, 2019 Opinion or Order Pro Hac Vice Attorney Maria Elena Stiteler,Corrin N. Drakulich,Mathias Samuel for Magnolia Medical 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)
July 10, 2019 Opinion or Order Filing 30 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action and Subpoena to Testify at a Deposition in a Civil Action filed by Magnolia Medical Technologies, Inc..(Oakes, Robert)
July 8, 2019 Opinion or Order Filing 29 NOTICE of Subpoena to Produce Documents to Richard G. Patton by Kurin, Inc. (Dorsney, Kenneth)
July 8, 2019 Opinion or Order Filing 28 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Objections and Responses to Defendant Kurin, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-38) and Objections and Responses to Defendant Kurin, Inc.'s First Set of Interrogatories (Nos. 1-8) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
July 1, 2019 Opinion or Order Filing 27 NOTICE OF SERVICE of Responses to First Set of Requests for Production filed by Kurin, Inc..(Dorsney, Kenneth)
June 27, 2019 Opinion or Order CORRECTING ENTRY: The order previously filed as D.I. 27 setting an ADR teleconference before Judge Fallon has been deleted per the correcting entry issued on 6/21/2019. (lih)
June 25, 2019 Opinion or Order Filing 26 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s Initial Disclosures filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
June 24, 2019 Opinion or Order Filing 25 NOTICE OF SERVICE of Defendant Kurin, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Kurin, Inc..(Dorsney, Kenneth)
June 21, 2019 Opinion or Order Filing 24 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/16/2019. Amended Pleadings due by 12/16/2019. Discovery due by 7/17/2020. Dispositive Motions due by 2/5/2021. Joint Claim Construction Brief due by 2/11/2020. A Markman Hearing is set for 3/19/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 6/30/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 7/12/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 6/20/2019. (nmf)
June 21, 2019 Opinion or Order Filing 23 SO ORDERED, re #22 STIPULATED PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 6/20/2019. (nmf)
June 21, 2019 Opinion or Order CORRECTING ENTRY: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge, not Judge Fallon (cak)
June 21, 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) Modified on 6/21/2019 (cak).
June 20, 2019 Opinion or Order Filing 22 PROPOSED ORDER Protective Order by Magnolia Medical Technologies, Inc.. (Oakes, Robert)
June 20, 2019 Opinion or Order Filing 21 PROPOSED ORDER Proposed Scheduling Order by Magnolia Medical Technologies, Inc.. (Oakes, Robert)
June 17, 2019 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 6/17/2019. (Court Reporter V. Gunning.) Counsel to submit the final revised proposed scheduling order to the Court. (nmf)
June 14, 2019 Opinion or Order Filing 20 PROPOSED ORDER Proposed Scheduling Order by Magnolia Medical Technologies, Inc.. (Attachments: #1 Letter to Judge Connolly from Robert M. Oakes)(Oakes, Robert)
June 14, 2019 Opinion or Order Filing 19 NOTICE of Appearance by Robert M. Oakes on behalf of Magnolia Medical Technologies, Inc. (Oakes, Robert)
June 5, 2019 Opinion or Order Filing 18 NOTICE OF SERVICE of Plaintiff Magnolia Medical Technologies, Inc.'s First Set of Requests for Production to Defendant Kurin, Inc. (Nos. 1-59) filed by Magnolia Medical Technologies, Inc..(McCann, Douglas)
June 4, 2019 Opinion or Order SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Jennifer Seraphine filed by Kurin, Inc. Signed by Judge Colm F. Connolly on 6/4/2019. (fms)
May 31, 2019 Opinion or Order Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Jennifer Seraphine - filed by Kurin, Inc.. (Dorsney, Kenneth)
May 30, 2019 Opinion or Order Filing 16 NOTICE OF SERVICE of (1) First set of requests for production and (2) First set of interrogatories filed by Kurin, Inc..(Dorsney, Kenneth)
May 23, 2019 Opinion or Order Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Mathias Samuel, Juanita Brooks, Corrin Drakulich, Bethany Mihalik and Maria Elena Stiteler - filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
May 23, 2019 Opinion or Order SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Mathias Samuel, Juanita Brooks, Corrin Drakulich, Bethany Mihalik and Maria Elena Stiteler filed by Magnolia Medical Technologies, Inc. Signed by Judge Colm F. Connolly on 5/23/2019. (fms)
May 10, 2019 Opinion or Order Filing 14 ANSWER to #13 Answer to Complaint, Counterclaim by Magnolia Medical Technologies, Inc..(McCann, Douglas)
May 10, 2019 Opinion or Order D.I. #13 has been re-docketed using the answer docket event. (fms)
May 9, 2019 Opinion or Order Filing 13 FIRST AMENDED ANSWER and COUNTERCLAIMS against Magnolia Medical Technologies, Inc. by Kurin, Inc.(fms)
May 9, 2019 Opinion or Order Filing 12 Order Setting Scheduling Conference: A Scheduling Conference is set for 6/17/2019 at 03:30 PM in Chambers before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 5/9/2019. (nmf)
May 3, 2019 Opinion or Order Pro Hac Vice Attorneys Jacob Zweig, Louis Wai, and Karen I. Boyd for Kurin, 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. (ddp)
May 1, 2019 Opinion or Order SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Karen I. Boyd, Louis Wai and Jacob S. Zweig filed by Kurin, Inc. Signed by Judge Colm F. Connolly on 5/1/2019. (fms)
April 30, 2019 Opinion or Order Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Karen I. Boyd, Louis Wai and Jacob S. Zweig - filed by Kurin, Inc.. (Dorsney, Kenneth)
April 29, 2019 Opinion or Order Filing 10 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Kurin, Inc.. (Dorsney, Kenneth)
April 29, 2019 Opinion or Order Filing 9 ANSWER to Amended Complaint, re: #5 Amended Complaint,, with Jury Demand , COUNTERCLAIM against All Plaintiffs by Kurin, Inc..(Dorsney, Kenneth)
March 20, 2019 Opinion or Order SO ORDERED, re #8 STIPULATION TO EXTEND TIME for Defendant Kurin, Inc. to answer, move or otherwise respond to the First Amended Complaint to April 29, 2019 filed by Kurin, Inc. Set/Reset Answer Deadlines: Kurin, Inc. answer due 4/29/2019. Signed by Judge Colm F. Connolly on 3/20/2019. (fms)
March 19, 2019 Opinion or Order Filing 8 STIPULATION TO EXTEND TIME for Defendant Kurin, Inc. to answer, move or otherwise respond to the First Amended Complaint to April 29, 2019 - filed by Kurin, Inc.. (Dorsney, Kenneth)
March 11, 2019 Opinion or Order Filing 7 SUMMONS Returned Executed by Magnolia Medical Technologies, Inc.. Kurin, Inc. served on 3/8/2019, answer due 3/29/2019. (McCann, Douglas)
March 11, 2019 Opinion or Order Filing 6 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,855,001 ;US 10,028,689 ;US 10,039,483 ;US 10,220,139 . (McCann, Douglas)
March 11, 2019 Opinion or Order PATENT REPORT NOTICE: Please note that if patents are being added to this case (D.I. #5 ), the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (fms)
March 11, 2019 Opinion or Order CORRECTING ENTRY: Per request of filer, Exhibit D to D.I. #5 has been removed and replaced with the full version of the exhibit. (fms)
March 8, 2019 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to Kurin, Inc. on 3/8/2019. (lak)
March 7, 2019 Opinion or Order Filing 5 First AMENDED COMPLAINT against Kurin, Inc.- filed by Magnolia Medical Technologies, Inc.. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(McCann, Douglas) (Attachment 4 replaced on 3/11/2019) (fms).
January 23, 2019 Opinion or Order Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
January 17, 2019 Opinion or Order Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas)
January 17, 2019 Opinion or Order Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,855,001 ;US 10,028,689 . (McCann, Douglas)
January 17, 2019 Opinion or Order No Summons Issued. (nmg)
January 16, 2019 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
January 16, 2019 Opinion or Order Filing 1 COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Kurin, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2546273.) - filed by Magnolia Medical Technologies, Inc.. (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 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet)(nmg)

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Search for this case: Magnolia Medical Technologies, Inc. v. Kurin, Inc.
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Plaintiff: Magnolia Medical Technologies, Inc.
Represented By: Douglas Edward McCann
Represented By: Rodger Dallery Smith, II
Represented By: Anthony David Raucci
Represented By: Ashok Ramani
Represented By: Corrin N. Drakulich
Represented By: David J. Lisson
Represented By: Katherine D. Prescott
Represented By: Kathryn B. Bi
Represented By: Maria Elena Stiteler
Represented By: Mathias Samuel
Represented By: Micah G. Block
Represented By: Philip T. Sheng
Represented By: Robert M. Oakes
Represented By: Serge A. Voronov
Represented By: Alena Farber
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Defendant: Kurin, Inc.
Represented By: Joshua Reich
Represented By: Karen I. Boyd
Represented By: Kenneth Laurence Dorsney
Represented By: Louis L. Wai
Represented By: Nicole Kathleen Pedi
Represented By: Kelly E. Farnan
Represented By: Catherine Nyarady
Represented By: Cyndi Claxton
Represented By: Jacob Zweig
Represented By: Jennifer Seraphine
Represented By: Jonathan Hangartner
Represented By: Allison C. Penfield
Represented By: Ariella C. Barel
Represented By: Nicholas Groombridge
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