Bay Materials, LLC v. 3M Company
| Bay Materials, LLC |
| 3M Company |
| 1:2021cv01610 |
| November 15, 2021 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Jennifer L Hall |
| Patent |
| 35 U.S.C. § 1 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 127
ORDER: The above-captioned case is ADMINISTRATIVELY CLOSED. The parties shall promptly notify the Court when the IPR action has been resolved so that this case may be reopened and other appropriate action may be taken. Signed by Judge Richard G. Andrews on 11/1/2022. (nms)
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Filing 126
SO ORDERED Granting #125 Stipulation and Order Staying Case. Signed by Judge Richard G. Andrews on 11/1/2022. (nms)
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| Filing 125 STIPULATION Seeking to Stay Action, by Bay Materials, LLC. (Balick, Steven) |
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Filing 124
STIPULATION and Order Extending Certain Deadlines, by Bay Materials, LLC. (Balick, Steven) Modified on 10/27/2022 (nms).
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SO ORDERED, re #124 Stipulation and Order Extending Certain Deadlines. Signed by Judge Richard G. Andrews on 10/27/2022. (nms)
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| Filing 123 NOTICE OF SERVICE of Defendant 3M Company's Responses and Objections to Plaintiff's Third Set of Interrogatories (No. 14) filed by 3M Company.(Pedi, Nicole) |
| Filing 122 NOTICE OF SERVICE of Plaintiff Bay's Third Set of Interrogatories to Defendant (No. 14) filed by Bay Materials, LLC.(Mayo, Andrew) |
| Pro Hac Vice Attorney Kassandra Officer for Bay Materials, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) |
| Filing 121 MOTION for Pro Hac Vice Appearance of Attorney Kassandra Officer - filed by Bay Materials, LLC. (Balick, Steven) |
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SO ORDERED, re #121 MOTION for Pro Hac Vice Appearance of Attorney Kassandra Officer, filed by Bay Materials, LLC. Signed by Judge Richard G. Andrews on 9/13/2022. (nms)
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| Filing 120 NOTICE OF SERVICE of Initial Invalidity Contentions filed by 3M Company.(Pedi, Nicole) |
| Filing 119 STIPULATION TO EXTEND TIME for Defendant 3M Company to Serve Its Initial Invalidity Contentions to August 22, 2022 - filed by 3M Company. (Pedi, Nicole) |
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SO ORDERED granting #119 Stipulation to extend time for Defendant 3M Company to Serve Its Initial Invalidity Contentions to August 22, 2022. Signed by Judge Richard G. Andrews on 8/15/2022. (lak)
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| Filing 118 NOTICE OF SERVICE of Plaintiff's Objections and Responses to 3M Company's Second Set of Requests for the Production of Documents and Things and Plaintiff's Objections and Responses to 3M Company's Second Set of Interrogatories filed by Bay Materials, LLC.(Balick, Steven) |
| Filing 117 NOTICE OF SERVICE of Amended Identification of Prior Art References filed by 3M Company.(Pedi, Nicole) |
| Motions No Longer Referred: #116 Joint Motion to Redact Portions of the May 23, 2022 Hearing Transcript. (nms) |
| Filing 116 [SEALED] Joint Motion to Redact Portions of the May 23, 2022 Hearing Transcript - filed by Bay Materials, LLC. (Attachments: #1 Exhibits A-C).(Mayo, Andrew) Modified on 8/4/2022 (nms). |
| Filing 115 Official Transcript of Oral Argument held on 5/23/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 8/3/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/11/2022. (Triozzi, Heather) |
| Filing 114 NOTICE OF SERVICE of 1) Interrogatories to Plaintiff (Nos. 1-10); and 2) Requests for the Production of Documents and Things to Plaintiff (Nos. 1-45) filed by 3M Company.(Pedi, Nicole) |
| Filing 113 NOTICE OF SERVICE of Plaintiff's Initial Infringement Contentions filed by Bay Materials, LLC.(Balick, Steven) |
| Filing 112 NOTICE requesting Clerk to remove Kayvon M. Ghayoumi as co-counsel.. (Mayo, Andrew) |
| Pro Hac Vice Attorney Melissa C. Santos for Bay Materials, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 111 NOTICE OF SERVICE of Responses and Objections to Interrogatories (Nos. 5-13); and 2) Responses and Objections to Requests for the Production of Documents and Things (Nos. 12-61) filed by 3M Company.(Pedi, Nicole) |
| Pro Hac Vice Attorney Reuben Chen for 3M Company 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) |
| Filing 110 MOTION for Pro Hac Vice Appearance of Attorney Reuben Chen - filed by 3M Company. (Farnan, Kelly) |
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SO ORDERED, re #110 MOTION for Pro Hac Vice Appearance of Attorney Reuben Chen, filed by 3M Company. Signed by Judge Richard G. Andrews on 6/1/2022. (nms)
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| Filing 109 NOTICE OF SERVICE of Plaintiff Bay's Second Set of Interrogatories to Defendant (Nos. 5-13) and Plaintiff Bay's Second Set of Requests to Defendant for the Production of Documents and Things (Nos. 12-61) filed by Bay Materials, LLC.(Mayo, Andrew) |
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Filing 108
ORDER: Plaintiff's Motion for Preliminary Injunction (D.I. #6 ) is DENIED. Signed by Judge Richard G. Andrews on 5/24/2022. (nms)
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| Filing 107 NOTICE OF SERVICE of Plaintiff's First Supplemental Objections and Responses to 3M Company's Interrogatory No. 5 filed by Bay Materials, LLC.(Balick, Steven) |
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Filing 106
ORAL ORDER: A hearing on the Motion for Preliminary Injunction (D.I. #6 ) is now set for 5/23/2022, at 4:00 PM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 5/5/2022. (nms)
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| Filing 105 NOTICE OF SERVICE of Defendant 3M Company's Identification of Prior Art References filed by 3M Company.(Farnan, Kelly) |
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Filing 104
ORAL ORDER: The redactions at D.I. #102 as supported by the Declaration at D.I. #103 are APPROVED. Ordered by Judge Richard G. Andrews on 4/12/2022. (nms)
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| Filing 103 DECLARATION in Support of #103 Redacted Declaration, by 3M Company. (Farnan, Kelly) Modified on 4/8/2022 (nms). Modified on 4/12/2022 (nms). |
| Filing 102 REDACTED VERSION of #98 Declaration of Kathleen Daley, by Bay Materials, LLC. (Attachments: #1 Exhibits A-I, #2 Exhibits J-Y)(Mayo, Andrew) Modified on 4/8/2022 (nms). |
| Filing 101 REDACTED VERSION of #97 Reply Brief by Bay Materials, LLC. (Mayo, Andrew) |
| Filing 100 Official Transcript of Teleconference held on 02/07/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (Triozzi, Heather) |
| Filing 99 Letter to The Honorable Richard G. Andrews from Andrew C. Mayo regarding request for oral argument in connection with fully briefed motion for preliminary injunction. (Mayo, Andrew) |
| 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) |
| Filing 98 [SEALED] DECLARATION of Kathleen Daley re #97 Reply Brief, by Bay Materials, LLC. (Attachments: #1 Exhibits A-Y)(Balick, Steven) Modified on 4/1/2022 (nms). |
| Filing 97 [SEALED] REPLY BRIEF re #6 MOTION for Preliminary Injunction filed by Bay Materials, LLC. (Balick, Steven) |
| Filing 96 NOTICE OF SERVICE of Plaintiff Bay Materials' Identification of Asserted Claims filed by Bay Materials, LLC.(Balick, Steven) |
| Filing 95 NOTICE requesting Clerk to remove Andrew E. Renison as co-counsel.. (Mayo, Andrew) |
| Filing 94 Letter to The Honorable Richard G. Andrews, from Andrew C. Mayo, regarding redactions in connection with Motion for a Preliminary Injunction. (Attachments: #1 Exhibit 1)(Mayo, Andrew) Modified on 3/18/2022 (nms). |
| Filing 93 DECLARATION of Jerry Hall in Support of Redactions at D.I. #90 , #91 , and #92 , by 3M Company. (Farnan, Kelly) Modified on 3/18/2022 (nms). |
| Filing 92 REDACTED VERSION of #81 Declaration, by 3M Company. (Attachments: #1 Exhibit A-D, #2 Exhibit E-H, #3 Exhibit I, #4 Exhibit J-Z, #5 Exhibit AA-HH)(Farnan, Kelly) |
| Filing 91 REDACTED VERSION of #80 Declaration by 3M Company. (Attachments: #1 Exhibit 1-7)(Farnan, Kelly) |
| Filing 90 REDACTED VERSION of #79 Declaration by 3M Company. (Attachments: #1 Exhibit 1-6)(Farnan, Kelly) |
| Filing 89 REDACTED VERSION of #78 Declaration by 3M Company. (Attachments: #1 Exhibit 11-22)(Farnan, Kelly) |
| Filing 88 REDACTED VERSION of #77 Declaration by 3M Company. (Attachments: #1 Exhibit 1-9, #2 Exhibit 10)(Farnan, Kelly) |
| Filing 87 REDACTED VERSION of #76 Answering Brief in Opposition by 3M Company. (Farnan, Kelly) |
| Filing 86 NOTICE to Take Deposition of Douglas Kidder on March 22, 2022 filed by Bay Materials, LLC.(Mayo, Andrew) |
| Filing 85 NOTICE to Take Deposition of Dr. Alan Jeffrey Giacomin on March 20, 2022 filed by Bay Materials, LLC.(Mayo, Andrew) |
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SO ORDERED, re #84 STIPULATION to Extend Time to filed redacted documents to March 17, 2022. Signed by Judge Richard G. Andrews on 3/11/2022. (nms)
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| Filing 84 STIPULATION to Extend Time - filed by 3M Company. (Farnan, Kelly) Modified on 3/11/2022 (nms). |
| Filing 83 MULTI MEDIA DOCUMENT filed by 3M Company in the form of a USB drive. Filing related to #82 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (nms) |
| Filing 82 NOTICE of filing the following Non-Paper material(s) in multi media format: two USB drives containing Exhibits K, L and HH to the Declaration of Adam Pivovar in Support of Defendant 3M Companys Answering Brief in Opposition to Plaintiffs Motion for a Preliminary Injunction. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kelly E. Farnan on behalf of 3M Company (Farnan, Kelly) |
| Filing 81 [SEALED] DECLARATION of Adam Pivovar re #76 Answering Brief in Opposition, by 3M Company. (Attachments: #1 Exhibits A-D, #2 Exhibits E-H, #3 Exhibit I part 1, #4 Exhibit I part 2, #5 Exhibits J-Z, #6 Exhibits AA-HH)(Farnan, Kelly) Modified on 3/7/2022 (nms). |
| Filing 80 [SEALED] DECLARATION of Richard Y. Liu re #76 Answering Brief in Opposition, by 3M Company. (Attachments: #1 Exhibits 1-7)(Farnan, Kelly) Modified on 3/7/2022 (nms). |
| Filing 79 [SEALED] DECLARATION of Douglas Kidder re #76 Answering Brief in Opposition, by 3M Company. (Attachments: #1 Exhibits 1-6)(Farnan, Kelly) Modified on 3/7/2022 (nms). |
| Filing 78 [SEALED] DECLARATION of Dr. Alan Jeffrey Giacomin, Volume II re #76 Answering Brief in Opposition, by 3M Company. (Attachments: #1 Exhibits 11-22)(Farnan, Kelly) Modified on 3/7/2022 (nms). |
| Filing 77 [SEALED] DECLARATION of Dr. Alan Jeffrey Giacomin, Volume I re #76 Answering Brief in Opposition, by 3M Company. (Attachments: #1 Exhibits 1-9, #2 Exhibit 10)(Farnan, Kelly) Modified on 3/7/2022 (nms). |
| Filing 76 [SEALED] ANSWERING BRIEF in Opposition re #6 MOTION for Preliminary Injunction filed by 3M Company.Reply Brief due date per Local Rules is 3/11/2022. (Farnan, Kelly) |
| Filing 75 REDACTED VERSION of #69 Letter by Bay Materials, LLC. (Attachments: #1 Exhibit A-B)(Mayo, Andrew) |
| Filing 74 NOTICE OF SERVICE of Defendant 3M Company's First Supplemental Responses and Objections to Plaintiff's First Set of Interrogatories (Nos. 1-4) filed by 3M Company.(Farnan, Kelly) |
| Filing 73 REDACTED VERSION of #66 Letter by 3M Company. (Attachments: #1 Exhibit 1-2)(Pedi, Nicole) |
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Filing 72
ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the March 1, 2022 discovery dispute teleconference shall serve as the Order of the Court. ORDERED by Judge Jennifer L. Hall on 3/1/2022. (ceg)
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| Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 3/1/2022. (*Court Reporter Michele Rolfe.) (ceg) |
| Filing 71 NOTICE OF SERVICE of Defendant 3M Company's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by 3M Company.(Farnan, Kelly) |
| Filing 70 NOTICE OF SERVICE of Fed. R. Civ. P. 26(a)(1) Initial Disclosures of Plaintiff filed by Bay Materials, LLC.(Mayo, Andrew) |
| Filing 69 [SEALED] Letter to The Honorable Jennifer L. Hall, from Steven J. Balick, regarding response to 3M's Discovery Letter. (Attachments: #1 Exhibits A-B)(Balick, Steven) Modified on 2/28/2022 (nms). |
| Filing 68 Letter to The Honorable Jennifer L. Hall, from Kelly E. Farnan, regarding response to Plaintiffs discovery dispute letter (D.I. #67 ). (Farnan, Kelly) Modified on 2/28/2022 (nms). |
| Filing 67 Letter to The Honorable Jennifer L. Hall, from Steven J. Balick, regarding motion to compel 3M to supplement interrogatory answers. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Balick, Steven) Modified on 2/25/2022 (nms). |
| Filing 66 [SEALED] Letter to The Honorable Jennifer L. Hall, from Kelly E. Farnan, regarding discovery dispute. (Attachments: #1 Exhibits 1-2)(Farnan, Kelly) Modified on 2/25/2022 (nms). |
| Filing 65 NOTICE OF SERVICE of Objections and Responses to 3M Company's Subpoena filed by Bay Materials, LLC.(Mayo, Andrew) |
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Filing 64
ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Dispute (D.I. #61 ). A discovery dispute teleconference is scheduled for March 1, 2022 at 11:00 AM Eastern Time before Judge Jennifer L. Hall. By no later than February 24, 2022, 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 25, 2022, 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 2/23/2022. (ceg)
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Filing 63
SO ORDERED Granting #62 Stipulation and Proposed Order on ESI Protocol. Signed by Judge Richard G. Andrews on 2/23/2022. (nms)
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| Filing 62 STIPULATION Governing Discovery of Electronically Stored Information, by Bay Materials, LLC. (Balick, Steven) |
| Filing 61 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by 3M Company. Motions referred to Jennifer L. Hall.(Farnan, Kelly) |
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SO ORDERED, re #60 Stipulation Extending Time to submit ESI Order to February 22, 2022. Signed by Judge Richard G. Andrews on 2/17/2022. (nms)
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| Filing 60 STIPULATION Seeking to Extend the Deadline for Filing of a Proposed ESI Order, by Bay Materials, LLC. (Balick, Steven) |
| Pro Hac Vice Attorney Kayvon M. Ghayoumi for Bay Materials, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Filing 59 NOTICE OF SERVICE of Third Party Subpoenas filed by 3M Company.(Farnan, Kelly) |
| CORRECTING ENTRY: The Notice of Subpoena filed at D.I. 53 has been removed from the docket per counsel's request. An amended notice will be refiled. (nms) |
| CORRECTING ENTRY: The Notice of Subpoena filed at D.I. 54 has been removed from the docket per counsel's request. An amended notice will be refiled. (nms) |
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Filing 58
ORAL ORDER: A Motion for Teleconference to Resolve Discovery Dispute should be filed if counsel finds they are unable to resolve a discovery matter. The suggested text for this motion can be found in Judge Hall's portion of the Court's website, in the "Forms" tab, under the heading "Motion for Teleconference to Resolve Discovery/Protective Order Disputes." The dispute will thereafter be addressed in accordance with Judge Hall's discovery dispute procedures. Ordered by Judge Jennifer L. Hall on 2/10/2022. (ceg)
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Filing 57
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. This matter will also be referred to a magistrate judge to handle all discovery disputes including any that arise in connection with expert reports. Joinder of Parties due by 8/19/2022. Amended Pleadings due by 8/19/2022. Fact Discovery completed by 7/27/2023. Dispositive Motions due by 12/22/2023. Answering Brief due 1/19/2024. Reply Brief due 2/2/2024. Joint Claim Construction Brief due by 2/9/2023. A Markman Hearing is set for 3/3/2023, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 5/10/2024, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 5/20/2024, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 2/10/2022. (nms)
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| CASE REFERRED to 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 # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
| CASE REFERRED to to Magistrate Judge Jennifer L. Hall to handle all discovery disputes including any that arise in connection with expert reports. (nms) |
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ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (#daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 2/10/2022. (Taylor, Daniel)
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| Filing 56 PROPOSED Scheduling Order, by Bay Materials, LLC. (Balick, Steven) Modified on 2/10/2022 (nms). |
| Filing 55 Letter to The Honorable Richard G. Andrews from Steven J. Balick regarding the Parties' Jointly Proposed Scheduling Order. (Balick, Steven) |
| Filing 54 NOTICE of Subpoena to Ormco Corporation by 3M Company (Attachments: #1 Exhibit 1)(Farnan, Kelly) |
| Filing 53 NOTICE of Subpoena to ClearCorrect Operating, LLC by 3M Company (Farnan, Kelly) |
| Pro Hac Vice Attorney Melissa C. Santos for Bay Materials, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Filing 52 NOTICE OF SERVICE of Plaintiff's Identification of Accused Products and Asserted Patents filed by Bay Materials, LLC.(Balick, Steven) |
| Filing 51 NOTICE to Take Deposition of Dr. Tim A. Osswald on February 18, 2022 filed by 3M Company.(Farnan, Kelly) |
| Filing 50 NOTICE to Take Deposition of Tom Ross on February 24, 2022 filed by 3M Company.(Farnan, Kelly) |
| Filing 49 NOTICE to Take Deposition of Christophe Carsault on February 18, 2022 filed by 3M Company.(Farnan, Kelly) |
| Filing 48 NOTICE to Take Deposition of W. Todd Schoettelkotte on February 22, 2022 filed by 3M Company.(Farnan, Kelly) |
| Filing 47 NOTICE to Take Deposition of John Lahlouh on February 22, 2022 filed by 3M Company.(Farnan, Kelly) |
| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Kayvon M. Ghayoumi and Melissa C. Santos - filed by Bay Materials, LLC. (Balick, Steven) |
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SO ORDERED, re #46 MOTION for Pro Hac Vice Appearance of Attorney Kayvon M. Ghayoumi and Melissa C. Santos, filed by Bay Materials, LLC. Signed by Judge Richard G. Andrews on 2/8/2022. (nms)
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| Pro Hac Vice Attorney Jonathan G. Graves for 3M Company 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. (smg) |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Rule 16(b) Telephone Scheduling Conference held on 2/7/2022. Counsel for Plaintiff: S. Balick. Counsel for Defendant: K. Farnan. Plaintiff shall resubmit the proposed scheduling order incorporating the dates provided at the conference. (Court Reporter Heather Triozzi.) (lak) |
| Filing 45 MOTION for Pro Hac Vice Appearance of Attorney Jonathan G. Graves, Adam M. Pivovar, Elizabeth Shrieves and Naina Soni of Cooley LLP - filed by 3M Company. (Farnan, Kelly) |
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SO ORDERED, re #45 MOTION for Pro Hac Vice Appearance of Attorney Jonathan G. Graves, Adam M. Pivovar, Elizabeth Shrieves and Naina Soni of Cooley LLP, filed by 3M Company. Signed by Judge Richard G. Andrews on 2/4/2022. (nms)
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| Pro Hac Vice Attorney Adam M. Pivovar for 3M Company 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) |
| Pro Hac Vice Attorney Elizabeth Shrieves for 3M Company 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) |
| Pro Hac Vice Attorney Naina Soni for 3M Company 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) |
| Filing 44 Letter to The Honorable Richard G. Andrews from Steven J. Balick regarding the Parties' Joint Proposed Scheduling Order. (Attachments: #1 Text of Proposed Order)(Balick, Steven) |
| Filing 43 Letter to The Honorable Richard G. Andrews from Steven J. Balick regarding Dial-In Information for the Telephonic Scheduling Conference on February 7, 2022 at 2:00 p.m.. (Balick, Steven) |
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Filing 42
SO ORDERED Granting #39 Stipulated Protective Order. Signed by Judge Richard G. Andrews on 1/31/2022. (nms)
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| Filing 41 NOTICE OF SERVICE of (1) Defendant 3M Companys Responses and Objections to Plaintiffs First Set of Interrogatories (Nos. 1-4); (2) Defendant 3M Companys Responses and Objections to Plaintiffs First Set of Requests for the Production of Documents and Things (Nos. 1-11) and (3) Defendant 3M Companys Responses and Objections to Plaintiffs First Set of Request for Admission (Nos. 1-5) filed by 3M Company.(Farnan, Kelly) |
| Filing 40 NOTICE OF SERVICE of (i) Plaintiff's Objections and Responses to 3M Company's Interrogatories (Nos. 1-5); (ii) Plaintiff's Objections and Responses to 3M Company's Request for Admission (Nos. 1-5); and (iii) Plaintiff's Objections and Responses to 3M Company's Request for the Production of Documents and Things (Nos. 1-15) filed by Bay Materials, LLC.(Balick, Steven) |
| Filing 39 PROPOSED Stipulated Protective Order, by Bay Materials, LLC. (Balick, Steven) Modified on 1/31/2022 (nms). |
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SO ORDERED, re #38 Stipulated Order extending time to submit a proposed protective order to January 28, 2022. Signed by Judge Richard G. Andrews on 1/27/2022. (nms)
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| Filing 38 STIPULATION Seeking to Extend Deadline for Filing of Proposed Protective Order, by Bay Materials, LLC. (Balick, Steven) |
| Filing 37 REDACTED VERSION of #33 Notice to Take Deposition by 3M Company. (Pedi, Nicole) |
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Filing 36
Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 2/7/2022, at 2:00 PM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 1/25/2022. (nms)
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Filing 35
ORAL ORDER: The Stipulation (D.I. #34 ) is APPROVED. Defendants request for a Rule 30(b)(6) deposition is DENIED. Defendants Rule 30(b)(6) notice (D.I. #33 ) appears to cover essentially all possible issues in the case. If after depositions are completed, on March 25, and the parties have met and conferred, and there is good cause for a Rule 30(b)(6) deposition on one or more narrow topics, Defendant may renew its request by letter within four business days of March 25 with Plaintiff permitted to respond within two business days of Plaintiffs letter. Ordered by Judge Richard G. Andrews on 1/20/2022. (nms)
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| Filing 34 Proposals Regarding Preliminary Injunction Schedule, by Bay Materials, LLC and 3M Company. (Balick, Steven) Modified on 1/20/2022 (nms). |
| Filing 33 [SEALED] NOTICE to Take Deposition of Plaintiff Bay Materials, LLC on February 23, 2022 filed by 3M Company.(Farnan, Kelly) |
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SO ORDERED, re #32 Proposed Stipulated Order regarding submission of proposed schedule for motion for preliminary injunction due by 1/19/2022. Signed by Judge Richard G. Andrews on 1/19/2022. (nms)
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| Filing 32 STIPULATION Regarding Deadlines Relating to Plaintiff Bay Materials' Motion for Preliminary Injunction (D.I. 6), by Bay Materials, LLC. (Balick, Steven) |
| Filing 31 NOTICE OF SERVICE of (1) Plaintiff Bay's First Set of Requests for Admission (Nos. 1-5); (2) Plaintiff Bay's First Set of Interrogatories (Nos. 1-4); and (3) Plaintiff Bay's First Set of Requests to Defendant for the Production of Documents and Things (Nos. 1-11) filed by Bay Materials, LLC.(Balick, Steven) |
| Filing 30 NOTICE OF SERVICE of (1) Defendant 3M Companys Interrogatories to Plaintiff (Nos. 1-5); (2) Defendant 3M Companys Requests for the Production of Documents and Things to Plaintiff (Nos. 1-15) and (3) Defendant 3M Companys Request for Admission to Plaintiff (Nos. 1-5) filed by 3M Company.(Farnan, Kelly) |
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SO ORDERED, re #29 Stipulated Order regarding submission of schedule for Motion for Preliminary Injunction. Signed by Judge Richard G. Andrews on 1/18/2022. (nms)
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| Filing 29 STIPULATION Regarding Deadlines Relating to Plaintiff Bay Materials' Motion for Preliminary Injunction (D.I. 6), by Bay Materials, LLC. (Balick, Steven) |
| Filing 28 ANSWER to #1 Complaint, with Jury Demand by 3M Company.(Farnan, Kelly) |
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SO ORDERED, re #27 Stipulation and Order extending time to January 14, 2022. Signed by Judge Richard G. Andrews on 1/5/2022. (nms)
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Filing 27
STIPULATION and Order extending time, by 3M Company. (Farnan, Kelly) Modified on 1/5/2022 (nms).
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| Filing 26 STIPULATION TO EXTEND TIME to Answer the Complaint to through and including January 14, 2022 - filed by 3M Company. (Farnan, Kelly) |
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SO ORDERED, re #26 STIPULATION TO EXTEND TIME to Answer the Complaint (*Reset Answer Deadlines: 3M Company answer due 1/14/2022). Signed by Judge Richard G. Andrews on 12/20/2021. (nms)
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| Pro Hac Vice Attorney Kathleen A. Daley,J. Michael Jakes for Bay Materials, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Pro Hac Vice Attorney Paul Townsend,Andrew E. Renison,Charles T. Collins-Chase for Bay Materials, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney J. Michael Jakes, Kathleen A. Daley, Charles T. Collins-Chase, Andrew E. Renison, and Paul Townsend - filed by Bay Materials, LLC. (Mayo, Andrew) |
|
SO ORDERED, re #25 MOTION for Pro Hac Vice Appearance of Attorney J. Michael Jakes, Kathleen A. Daley, Charles T. Collins-Chase, Andrew E. Renison, and Paul Townsend, filed by Bay Materials, LLC. Signed by Judge Richard G. Andrews on 12/9/2021. (nms)
|
| Filing 24 Alias SUMMONS Returned Executed by Bay Materials, LLC. 3M Company served on 12/6/2021, answer due 12/27/2021. (Balick, Steven) |
| Filing 23 REDACTED VERSION of #11 Declaration by Bay Materials, LLC. (Mayo, Andrew) |
| Filing 22 REDACTED VERSION of #9 Declaration by Bay Materials, LLC. (Mayo, Andrew) |
| CORRECTING ENTRY: The redacted filing at D.I. 22 and D.I. 23 have been removed from the docket as they were not linked to the original sealed filings they relate to. Counsel is refile accordingly. (nms) |
|
Filing 21
ORAL ORDER: The redacted filings (D.I. #15 and #18 ) are REJECTED because parts of them are redacted in their entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filings are DUE within five business days. Ordered by Judge Richard G. Andrews on 11/23/2021. (nms)
|
| Filing 20 REDACTED VERSION of #13 Declaration of Diyun Huang, by Bay Materials, LLC. (Mayo, Andrew) Modified on 11/30/2021 (nms). |
| Filing 19 REDACTED VERSION of #12 Declaration of John Lahlouh, by Bay Materials, LLC. (Mayo, Andrew) Modified on 11/23/2021 (nms). |
| Filing 18 REDACTED VERSION of #11 Declaration of Christophe Carsault, by Bay Materials, LLC. (Attachments: #1 Exhibits 1-4)(Mayo, Andrew) Modified on 11/23/2021 (nms). |
| Filing 17 REDACTED VERSION of #8 Declaration of Dr. Tim A. Osswald, by Bay Materials, LLC. (Attachments: #1 Exhibits A-Z)(Mayo, Andrew) Modified on 11/23/2021 (nms). |
| Filing 16 REDACTED VERSION of #10 Declaration of Tom Ross, by Bay Materials, LLC. (Attachments: #1 Exhibits 1-4)(Mayo, Andrew) Modified on 11/23/2021 (nms). |
| Filing 15 REDACTED VERSION of #9 Declaration of W. Todd Schoettelkotte, by Bay Materials, LLC. (Attachments: #1 Appendix 1-6)(Mayo, Andrew) Modified on 11/23/2021 (nms). |
| Filing 14 REDACTED VERSION of #7 Opening Brief in Support by Bay Materials, LLC. (Mayo, Andrew) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms) |
| Filing 13 [SEALED] DECLARATION re #7 Opening Brief in Support (of Diyun Huang) by Bay Materials, LLC. (Balick, Steven) |
| Filing 12 [SEALED] DECLARATION re #7 Opening Brief in Support (of John Lahlouh) by Bay Materials, LLC. (Balick, Steven) |
| Filing 11 [SEALED] DECLARATION re #7 Opening Brief in Support (of Christophe Carsault) by Bay Materials, LLC. (Attachments: #1 Exhibit 1-4)(Balick, Steven) |
| Filing 10 [SEALED] DECLARATION re #7 Opening Brief in Support (of Tom Ross) by Bay Materials, LLC. (Attachments: #1 Exhibit 1-4)(Balick, Steven) |
| Filing 9 [SEALED] DECLARATION re #7 Opening Brief in Support (of W. Todd Schoettelkotte) by Bay Materials, LLC. (Attachments: #1 Appendix 1-6)(Balick, Steven) |
| Filing 8 [SEALED] DECLARATION re #7 Opening Brief in Support (of Dr. Tim A. Osswald) by Bay Materials, LLC. (Attachments: #1 Exhibit A-Z)(Balick, Steven) |
| Filing 7 [SEALED] OPENING BRIEF in Support re #6 MOTION for Preliminary Injunction filed by Bay Materials, LLC.Answering Brief/Response due date per Local Rules is 11/29/2021. (Balick, Steven) |
| Filing 6 MOTION for Preliminary Injunction - filed by Bay Materials, LLC. (Attachments: #1 Text of Proposed Order)(Balick, Steven) |
| Filing 5 SUMMONS Returned Executed by Bay Materials, LLC. 3M Company served on 11/15/2021, answer due 12/6/2021. (Balick, Steven) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parents Straumann Holding AG and Corporate Parent Straumann Manufacturing, Inc. for Bay Materials, LLC filed by Bay Materials, LLC. (srs) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,870,263 ;10,946,630. (srs) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against 3M Company - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3742682.) - filed by Bay Materials, LLC. (Attachments: #1 Exhibit A-H, #2 Exhibit I-Q, #3 Exhibit R-W, #4 Civil Cover Sheet)(srs) |
| No Summons Issued. (srs) |
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