Teladoc Health, Inc. v. Avail Medsystems, Inc.
Plaintiff: Teladoc Health, Inc.
Defendant: Avail Medsystems, Inc.
Case Number: 1:2021cv00820
Filed: June 4, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Maryellen Noreika
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 1 Patent Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2022 Filing 51 NOTICE OF SERVICE of Defendant Avail Medsystems, Inc.'s Response to Plaintiff Teladoc Health, Inc.'s Second Set of Interrogatories (Nos. 5-10) filed by Avail Medsystems, Inc..(Farnan, Brian)
May 12, 2022 Filing 50 NOTICE OF SERVICE of Plaintiff Teladoc Health's Response to Defendant's Third Set of Requests for Production of Documents and Things to Plaintiff (Nos. 185-294) - filed by Teladoc Health, Inc..(Smith, Rodger)
May 6, 2022 Filing 49 NOTICE OF SERVICE of (1) Plaintiff Teladoc Health's Second Supplemental Response to Defendant's First Set of Interrogatories to Plaintiff (Nos. 4, 6); and (2) Plaintiff Teladoc Health's Supplemental Response to Defendant's Second Set of Interrogatories to Plaintiff (Nos. 12-13) - filed by Teladoc Health, Inc..(Smith, Rodger)
April 29, 2022 Filing 48 NOTICE OF SERVICE of Plaintiff Teladoc's Second Set of Interrogatories to Defendant (Nos. 5-10) - filed by Teladoc Health, Inc..(Smith, Rodger)
April 21, 2022 Filing 47 Letter to The Honorable Maryellen Noreika from Brian E. Farnan regarding IPR Filing. (Farnan, Brian)
April 19, 2022 Filing 46 NOTICE OF SERVICE of Avail Medsystems, Inc.'s Preliminary Identification of Claim Terms Requiring Construction and Proposed Constructions filed by Avail Medsystems, Inc..(Farnan, Brian)
April 19, 2022 Filing 45 NOTICE OF SERVICE of (1) Teladoc's Identification of Claim Terms and Proposed Constructions; and (2) Plaintiff Teladoc Health's First Supplemental Response to Defendant's First Set of Interrogatories to Plaintiff (Nos. 3-6) - filed by Teladoc Health, Inc..(Smith, Rodger)
April 15, 2022 Filing 44 NOTICE OF SERVICE of Avail Medsystems, Inc.'s Third Set of Requests for Production (Nos. 185-294) to Teladoc Health, Inc. filed by Avail Medsystems, Inc..(Farnan, Brian)
April 5, 2022 CASE NO LONGER REFERRED to Magistrate Judge Fallon for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (lih)
March 25, 2022 Filing 43 NOTICE OF SERVICE of (1) Plaintiff Teladoc Health's Response to Defendant's First Set of Requests for Inspection to Plaintiff (Nos. 1-4); (2) Plaintiff Teladoc Health's Response to Defendant's Second Set of Requests for Production of Documents and Things to Plaintiff (Nos. 81-184); and (3) Plaintiff Teladoc Health's Response to Defendant's Second Set of Interrogatories to Plaintiff (Nos. 11-15) filed by Teladoc Health, Inc..(Clark, Cameron)
March 21, 2022 Filing 42 NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions filed by Avail Medsystems, Inc..(Farnan, Brian)
March 1, 2022 Filing 41 NOTICE OF SERVICE of (i) Avail Medsystems, Inc.'s First Set of Requests for Inspection (Nos. 1-4) to Teladoc Health, Inc.; (ii) Avail Medsystems, Inc.'s Second Set of Interrogatories (Nos. 11-15) to Teladoc Health, Inc.; and (iii) Avail Medsystems, Inc.'s Second Set of Requests for Production (Nos. 81-184) to Teladoc Health, Inc. filed by Avail Medsystems, Inc..(Farnan, Brian)
February 11, 2022 Filing 40 NOTICE OF SERVICE of Plaintiff Teladoc Health, Inc.'s Initial Infringement Contentions and Claim Charts filed by Teladoc Health, Inc..(Clark, Cameron)
February 2, 2022 Filing 39 NOTICE requesting Clerk to remove Hao Wu as co-counsel. Reason for request: No Longer with Firm. (Smith, Rodger)
January 24, 2022 Filing 38 NOTICE OF SERVICE of (i) Defendant Avail Medsystems, Inc.'s Response to Plaintiff Teladoc Health, Inc.'s First Set of Interrogatories (Nos. 1-4); (ii) Defendant Avail Medsystems, Inc.'s Response to Plaintiff Teladoc Health, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-78); and (iii) Defendant Avail Medsystems, Inc.'s Response to Plaintiff Teladoc Health, Inc.'s First Set of Requests for Inspection (Nos. 1-3) filed by Avail Medsystems, Inc..(Farnan, Brian)
January 21, 2022 Filing 37 NOTICE OF SERVICE of (1) Plaintiff Teladoc Health's Response to Defendant's First Set of Requests for Production of Documents and Things to Plaintiff (Nos. 1-80); and (2) Plaintiff Teladoc Health's Response to Defendant's First Set of Interrogatories to Plaintiff (Nos. 1-10) - filed by Teladoc Health, Inc..(Smith, Rodger)
December 22, 2021 Filing 36 NOTICE OF SERVICE of (i) Avail Medsystems, Inc.'s First Set of Requests for Production (Nos. 1-80) to Teladoc Health, Inc. and (ii) Avail Medsystems, Inc.'s First Set of Interrogatories (Nos. 1-10) to Teladoc Health, Inc. filed by Avail Medsystems, Inc..(Farnan, Brian)
December 22, 2021 Filing 35 NOTICE OF SERVICE of (1) Plaintiff Teladoc's First Set of Requests to Defendants for Production of Documents and Things (Nos. 1-78); (2) Plaintiff Teladoc's First Set of Interrogatories to Defendant (Nos. 1-4); and (3) Plaintiff Teladoc Health, Inc.'s First Set of Requests for Inspection (Nos. 1-3) - filed by Teladoc Health, Inc..(Smith, Rodger)
December 21, 2021 Filing 34 ANSWER to #23 Answer to Complaint, Counterclaim - by Teladoc Health, Inc..(Smith, Rodger)
December 21, 2021 Filing 33 MOTION for Pro Hac Vice Appearance of Attorney Stephen Guzzi - filed by Teladoc Health, Inc.. (Smith, Rodger)
December 21, 2021 Opinion or Order SO ORDERED re #33 MOTION for Pro Hac Vice Appearance of Attorney Stephen Guzzi filed by Teladoc Health, Inc. ORDERED by Judge Maryellen Noreika on 12/21/2021. (dlw)
December 14, 2021 Filing 32 Official Transcript of Motion Hearing (Remote) held on 11/16/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (dh)
December 10, 2021 Filing 31 MOTION for Pro Hac Vice Appearance of Attorney Valerie K. Barker - filed by Teladoc Health, Inc.. (Smith, Rodger)
December 10, 2021 Opinion or Order SO ORDERED, re #31 MOTION for Pro Hac Vice Appearance of Attorney Valerie K. Barker filed by Teladoc Health, Inc. Ordered by Judge Maryellen Noreika on 12/10/2021. (asw)
December 8, 2021 Opinion or Order Filing 30 ORDER Setting Teleconference: plaintiff's counsel shall initiate the call. A Telephone Conference is set for 1/11/2022 at 02:30 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 12/8/2021. (lih)
December 6, 2021 Filing 29 NOTICE OF SERVICE of Defendant's Initial Disclosures and Paragraph 3 Disclosures filed by Avail Medsystems, Inc..(Farnan, Brian)
December 3, 2021 Opinion or Order Filing 28 JOINT STIPULATION AND PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 12/3/2021. (dlw)
December 3, 2021 Opinion or Order Filing 27 SO ORDERED re #24 Stipulation and Order Regarding Modified Default Standard for Discovery, including Production of Electronically Stored Material (ESI). Signed by Judge Maryellen Noreika on 12/3/2021. (dlw)
December 3, 2021 Filing 26 NOTICE OF SERVICE of (1) Plaintiff Teledoc Health, Inc.'s Identification of Accused Products, Asserted Patents, and Damages Model and (2) Plaintiff's Initial Disclosures Pursuant to Rule 26(a) of the Federal Rules of Civil Procedure and Sections 3 and 4(a) of the District of Delaware's Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Teladoc Health, Inc..(Clark, Cameron)
December 3, 2021 Filing 25 PROPOSED ORDER -- Joint Stipulation and [Proposed] Protective Order -- by Teladoc Health, Inc.. (Clark, Cameron)
December 3, 2021 Filing 24 Joint STIPULATION and [Proposed] Order Regarding Modified Default Standard for Discovery, Including Production of Electronically Stored Material (ESI) by Teladoc Health, Inc.. (Clark, Cameron)
November 30, 2021 Filing 23 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Teladoc Health, Inc. by Avail Medsystems, Inc..(Farnan, Brian)
November 30, 2021 Opinion or Order Filing 22 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 6/2/2022. Amended Pleadings due by 6/2/2022. Fact Discovery completed by 8/2/2022. Opening Expert Reports due by 1/20/2023. Rebuttal Expert Reports due by 2/17/2023. Reply Expert Reports due by 3/17/2023. Expert Discovery due by 4/7/2023. Dispositive Motions due by 4/28/2023. Claim Construction Opening Brief served by 9/23/2022. Claim Construction Answering Brief served by 10/7/2022. Claim Construction Reply Brief served by 10/17/2022. Claim Construction Surreply Brief served by 10/21/2022. Joint Claim Construction Brief filed by 10/28/2022. A Markman Hearing is set for 11/18/2022 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 9/25/2023 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 10/2/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 11/30/2021. (dlw)
November 30, 2021 CASE REFERRED to Magistrate Judge Sherry R. Fallon 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 # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel)
November 23, 2021 Filing 21 PROPOSED ORDER // Scheduling Order by Teladoc Health, Inc. (Smith, Rodger) Modified on 11/24/2021 (dlw).
November 16, 2021 Pro Hac Vice Attorney Jaime Stark for Teladoc Health, 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)
November 16, 2021 Minute Entry for proceedings held before Judge Maryellen Noreika - Telephonic Motion Hearing held on 11/16/2021. Arguments heard on the defendant's motion to dismiss ( #12 ). The motion is GRANTED-IN-PART and DENIED-IN-PART without prejudice. The transcript shall serve as the Court's order. Additionally, the trial is set for 10/2/2023. The parties shall confer and submit a revised scheduling order by 11/23/2021 that follows the Court's directives regarding the schedule. (Court Reporter Dale Hawkins.) (mdb)
November 8, 2021 Filing 20 PROPOSED ORDER // Scheduling Order by Teladoc Health, Inc. (Attachments: #1 Letter to The Honorable Maryellen Noreika)(Smith, Rodger) Modified on 11/9/2021 (dlw).
October 22, 2021 Pro Hac Vice Attorney Todd M. Briggs, Kevin P.B. Johnson and Zak J.W. Randell for Avail Medsystems, 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. (mal)
October 21, 2021 Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Kevin P.B. Johnson, Todd M. Briggs, and Zak J.W. Randell - filed by Avail Medsystems, Inc.. (Farnan, Brian)
October 21, 2021 Opinion or Order Filing 18 ORAL ORDER Setting Telephonic Hearing on #12 MOTION to Dismiss for Failure to State a Claim - IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 11/16/2021 at 11:00 AM before Judge Maryellen Noreika. The Court is setting aside one (1) hour for the argument with the time split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing. The parties may, however, agreed upon a different time to exchange their respective slides. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 10/21/2021. (dlw) Modified on 10/21/2021 (dlw).
October 21, 2021 CORRECTING ENTRY: The docket text for the Court's 10/21/2021 Oral Order has been updated to include that counsel shall provide the teleconference dial-in number and code for the hearing. (dlw)
October 21, 2021 Opinion or Order SO ORDERED re #19 MOTION for Pro Hac Vice Appearance of Attorney Kevin P.B. Johnson, Todd M. Briggs, and Zak J.W. Randell filed by Avail Medsystems, Inc. ORDERED by Judge Maryellen Noreika on 10/21/2021. (dlw)
October 12, 2021 Pro Hac Vice Attorney Michael V. Solomita for Teladoc Health, 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 8, 2021 Opinion or Order Filing 17 ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 10/8/2021. (dlw)
September 15, 2021 Filing 16 REPLY BRIEF re #12 MOTION to Dismiss for Failure to State a Claim filed by Avail Medsystems, Inc.. (Farnan, Brian)
September 8, 2021 Pro Hac Vice Attorney Dervis Magistre for Teladoc Health, 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)
September 3, 2021 Filing 15 STIPULATION TO EXTEND TIME for Defendant to submit its Reply Brief in Support of its Motion to Dismiss to 9/15/2021 - filed by Avail Medsystems, Inc.. (Farnan, Brian)
September 3, 2021 Opinion or Order SO ORDERED re #15 STIPULATION TO EXTEND TIME for Defendant to submit its Reply Brief in Support of its Motion to Dismiss to 9/15/2021 (Set Briefing Schedule: re #12 MOTION to Dismiss for Failure to State a Claim - Reply Brief due 9/15/2021). ORDERED by Judge Maryellen Noreika on 9/3/2021. (dlw)
September 2, 2021 Pro Hac Vice Attorney Catherine J. Garza for Teladoc Health, 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)
September 1, 2021 Filing 14 ANSWERING BRIEF in Opposition re #12 MOTION to Dismiss for Failure to State a Claim filed by Teladoc Health, Inc..Reply Brief due date per Local Rules is 9/8/2021. (Clark, Cameron)
August 18, 2021 Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss for Failure to State a Claim filed by Avail Medsystems, Inc..Answering Brief/Response due date per Local Rules is 9/1/2021. (Attachments: #1 Exhibit A)(Farnan, Brian)
August 18, 2021 Filing 12 MOTION to Dismiss for Failure to State a Claim - filed by Avail Medsystems, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
July 21, 2021 Opinion or Order SO ORDERED re #11 STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to the Complaint to 8/18/2021 (Set/Reset Answer Deadlines: Avail Medsystems, Inc. answer due 8/18/2021). ORDERED by Judge Maryellen Noreika on 7/21/2021. (dlw)
July 20, 2021 Filing 11 STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to the Complaint to 8/18/2021 - filed by Avail Medsystems, Inc.. (Farnan, Brian)
July 20, 2021 Pro Hac Vice Attorney Edward J. DeFranco for Avail Medsystems, 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)
July 20, 2021 Pro Hac Vice Attorney Brian P. Biddinger for Avail Medsystems, 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)
July 19, 2021 Opinion or Order SO ORDERED re #10 MOTION for Pro Hac Vice Appearance of Attorney Edward J. DeFranco and Brian P. Biddinger filed by Avail Medsystems, Inc. ORDERED by Judge Maryellen Noreika on 7/19/2021. (dlw)
July 16, 2021 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Edward J. DeFranco and Brian P. Biddinger - filed by Avail Medsystems, Inc.. (Farnan, Brian)
June 17, 2021 Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Hao Wu - filed by Teladoc Health, Inc.. (Smith, Rodger)
June 17, 2021 Opinion or Order SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney Hao Wu filed by Teladoc Health, Inc. ORDERED by Judge Maryellen Noreika on 6/17/2021. (dlw)
June 16, 2021 Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Michael V. Solomita, Jaime Stark, Catherine Garza, and Dervis Magistre - filed by Teladoc Health, Inc.. (Smith, Rodger)
June 16, 2021 Opinion or Order SO ORDERED re #7 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint (Set/Reset Answer Deadlines: Avail Medsystems, Inc. answer due 7/28/2021). ORDERED by Judge Maryellen Noreika on 6/16/2021. (dlw)
June 16, 2021 Opinion or Order SO ORDERED re #8 MOTION for Pro Hac Vice Appearance of Attorney Michael V. Solomita, Jaime Stark, Catherine Garza, and Dervis Magistre filed by Teladoc Health, Inc. ORDERED by Judge Maryellen Noreika on 6/16/2021. (dlw)
June 15, 2021 Filing 7 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint filed by Teladoc Health, Inc. (Smith, Rodger) Modified on 6/16/2021 (dlw).
June 9, 2021 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
June 8, 2021 Filing 6 SUMMONS Returned Executed by Teladoc Health, Inc.. Avail Medsystems, Inc. served on 6/7/2021, answer due 6/28/2021. (Smith, Rodger)
June 4, 2021 Filing 5 Summonses Issued (please complete the top portion of the form and print out for use/service). (kmd)
June 4, 2021 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Teladoc Health, Inc. (kmd)
June 4, 2021 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,849,679 B2; 9,160,783 B2; 10,887,545 B2. (kmd)
June 4, 2021 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd)
June 4, 2021 Filing 1 COMPLAINT for Patent Infringement filed with Jury Demand against Avail Medsystems, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $402, receipt number ADEDC-3629518.) - filed by Teladoc Health, Inc. (Attachments: #1 Exhibit A-H, #2 Civil Cover Sheet)(kmd)

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Defendant: Avail Medsystems, Inc.
Represented By: Michael J. Farnan
Represented By: Brian P. Biddinger
Represented By: Brian E. Farnan
Represented By: Edward J. DeFranco
Represented By: Kevin P.B. Johnson
Represented By: Todd M. Briggs
Represented By: Zak J.W. Randell
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Plaintiff: Teladoc Health, Inc.
Represented By: Rodger Dallery Smith, II
Represented By: Cameron Paul Clark
Represented By: Catherine J. Garza
Represented By: Jaime Stark
Represented By: Michael V. Solomita
Represented By: Valerie K. Barker
Represented By: Dervis Magistre
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