MacuLogix, Inc. et al v. Heru, Inc.
| MacuLogix, Inc. and The UAB Research Foundation |
| Heru, Inc. |
| 1:2021cv01734 |
| December 10, 2021 |
| US District Court for the District of Delaware |
| Jennifer L Hall |
| Leonard P Stark |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
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Filing 20
ORAL ORDER: IT IS HEREBY ORDERED that, within thirty days, the parties shall jointly prepare and file the following: (i) a proposed Scheduling Order consistent with Judge Hall's "Rule 16 Scheduling Order - Patent"; and (ii) a letter, not to exceed three pages, setting forth (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order; and (c) a list of any other issues the parties want to address at the Rule 16 Scheduling Conference. Thereafter, the Court may schedule a Rule 16 Scheduling Conference to be held with Judge Hall. The Scheduling Order can be found on Judge Hall's portion of the District Court's website. ORDERED by Judge Jennifer L. Hall on 4/1/2022. (ceg)
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Filing 19
ORDER Approving Magistrate Consent submitted by parties. Case reassigned to Magistrate Judge Jennifer L. Hall. Signed by Judge Richard G. Andrews on 3/30/22. (ntl)
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| Filing 18 VAC Magistrate Consent completed by the parties filed by Heru, Inc., MacuLogix, Inc., and The UAB Research Foundation. (nmg) |
| Pro Hac Vice Attorneys Peter J. Armenio, Colleen Tracy James for MacuLogix, Inc., The UAB Research Foundation 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 Joel L. Broussard for MacuLogix, Inc. and The UAB Research Foundation 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 17 VAC Notice, Consent, Non-Consent, Magistrate Referral (etg) |
| Filing 16 ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/22/2022. (etg) |
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SO ORDERED, re #15 STIPULATION TO EXTEND TIME for (1) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to respond to Defendant Heru, Inc.'s Motion to Dismiss (D.I. 13) and (2) Heru to file a reply in support of its Motion to April 8, 2022 and April 22, 20 filed by MacuLogix, Inc., The UAB Research Foundation. Signed by Judge Leonard P. Stark on 3/22/2022. (etg)
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| Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (etg) |
| Case Reassigned to Judge Leonard P. Stark of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (LPS) after the case number on all documents filed. (etg) |
| Filing 15 STIPULATION TO EXTEND TIME for (1) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to respond to Defendant Heru, Inc.'s Motion to Dismiss (D.I. 13) and (2) Heru to file a reply in support of its Motion to April 8, 2022 and April 22, 2022, respectively - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) |
| Filing 14 OPENING BRIEF in Support re #13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement filed by Heru, Inc..Answering Brief/Response due date per Local Rules is 3/25/2022. (Farnan, Kelly) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement - filed by Heru, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly) |
| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Peter J. Armenio, Colleen Tracy James, and Joel L. Broussard - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Piepmeier, Chao "Wendy" Wang and James S. Miller - filed by Heru, Inc.. (Farnan, Kelly) |
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Peter J. Armenio, Colleen Tracy James, and Joel L. Broussard filed by MacuLogix, Inc., The UAB Research Foundation. Signed by Judge Leonard P. Stark on 3/11/22. (ntl)
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SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Piepmeier, Chao "Wendy" Wang and James S. Miller filed by Heru, Inc. Signed by Judge Leonard P. Stark on 3/11/22. (ntl)
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| Filing 10 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,795,191 B2 ;11,089,954 B2 ;11,224,340 B2 (Amended Report). (Tigan, Jeremy) |
| Filing 9 AMENDED COMPLAINT against Heru, Inc.- filed by The UAB Research Foundation, MacuLogix, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tigan, Jeremy) |
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SO ORDERED, re #8 STIPULATION TO EXTEND TIME for (i) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to file an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1) by 2/11/22 and (ii) Defendant Heru, Inc. to move, answer, or otherwise respond to Plaintiffs' amended complaint by 3/11/22 filed by MacuLogix, Inc., The UAB Research Foundation. Signed by Judge Leonard P. Stark on 2/8/22. (ntl)
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| Filing 8 STIPULATION TO EXTEND TIME for (i) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to file an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1) and (ii) Defendant Heru, Inc. to move, answer, or otherwise respond to Plaintiffs' amended complaint to February 11, 2022 and March 11, 2022, respectively - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) |
| Filing 7 STIPULATION TO EXTEND TIME to Answer the Complaint to through and including February 7, 2022 - filed by Heru, Inc.. (Farnan, Kelly) |
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SO ORDERED, re #7 STIPULATION TO EXTEND TIME to Answer the Complaint to through and including February 7, 2022 filed by Heru, Inc. Signed by Judge Leonard P. Stark on 12/21/21. (ntl)
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| Filing 6 SUMMONS Returned Executed by The UAB Research Foundation, MacuLogix, Inc.. Heru, Inc. served on 12/17/2021, answer due 1/7/2022. (Tigan, Jeremy) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 5 Summons Issued with Magistrate Consent Notice attached as to Heru, Inc. on 12/10/2021. (mal) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by MacuLogix, Inc.. (mal) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,795,191 B2 ;11,089,954 B2. (mal) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 1 COMPLAINT filed with Jury Demand against Heru, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3760083.) - filed by The UAB Research Foundation, MacuLogix, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(mal) |
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