Extremity Medical, LLC v. Nextremity Solutions, Inc. et al
| Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc. and Zimmer, Inc. |
| Extremity Medical, LLC |
| 1:2022cv00239 |
| February 25, 2022 |
| US District Court for the District of Delaware |
| Vacant Judgeship (2022) |
| Gregory B Williams |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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ORAL ORDER: IT IS HEREBY ORDERED that this matter is no longer referred to Magistrate Judge Fallon. ORDERED by Judge Gregory B. Williams on 9/26/22. (ntl)
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| Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (smg) |
| Case Stayed (lih) |
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ORAL ORDER re D.I. #30 Stipulation: IT IS ORDERED that the parties' stipulation to stay the case pending inter partes review ("IPR") proceedings is GRANTED. See IOENGINE, LLC v. PayPal Holdings, Inc., C.A. No. 18-452-WCB, 2019 WL 3943058, at *5 (D. Del. Aug. 21, 2019) (explaining that a stay pending IPR proceedings is appropriate when "the most burdensome stages of the case... all lie in the future."). IT IS FURTHER ORDERED that the parties shall submit a joint status report within 21 days of the issuance of the last final written decision or termination of the IPR proceedings in connection with IPR2022-00802. Ordered by Judge Sherry R. Fallon on 9/7/2022. (lih)
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| Filing 30 STIPULATION to Stay Proceeding Pending Inter Partes Review by Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc.. (Farnan, Michael) |
| Filing 29 NOTICE OF SERVICE of Defendants Nextremity Solutions Inc., Zimmer Biomet Holdings Inc., and Zimmer, Inc.'s Disclosures Pursuant to Paragraph 4(b) of the Court's Default Standard for Discovery filed by Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc..(Farnan, Brian) |
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Filing 28
ORDER- re #27 PROPOSED Protective Order. Signed by Judge Sherry R. Fallon on 7/26/2022. (lih)
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| Filing 27 PROPOSED Protective Order by Extremity Medical, LLC. (Mayo, Andrew) Modified on 7/26/2022 (lih). |
| Filing 26 NOTICE OF SERVICE of Plaintiff Extremity Medical's Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery filed by Extremity Medical, LLC.(Mayo, Andrew) |
| Filing 25 NOTICE OF SERVICE of Defendants Nextremity Solutions Inc., Zimmer Biomet Holdings Inc. and Zimmer, Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Courts Default Standard for Discovery filed by Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc..(Farnan, Brian) |
| Filing 24 NOTICE OF SERVICE of Plaintiff Extremity Medical's Disclosures Pursuant to Section 4(a) of the Court's Default Standard for Discovery filed by Extremity Medical, LLC.(Mayo, Andrew) |
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SO ORDERED- re #23 STIPULATION TO EXTEND TIME to submit a protective order and serve the paragraph 3 disclosures pursuant to the Default Standard for Discovery to July 25, 2022. Signed by Judge Sherry R. Fallon on 7/19/2022. (lih)
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| Filing 23 STIPULATION TO EXTEND TIME to submit a protective order and serve the paragraph 3 disclosures pursuant to the Default Standard for Discovery to July 25, 2022 - filed by Extremity Medical, LLC. (Mayo, Andrew) |
| Filing 22 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Medartis, Inc., Other Affiliate Medartis AG for Nextremity Solutions, Inc.; Corporate Parent Zimmer Biomet Holdings, Inc.. for Zimmer, Inc.; Other Affiliate BlackRock, Inc. for Zimmer Biomet Holdings, Inc. filed by Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc.. (Farnan, Michael) |
| Filing 21 NOTICE OF SERVICE of Plaintiff Extremity Medical's Initial Disclosures filed by Extremity Medical, LLC.(Mayo, Andrew) |
| Filing 20 NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Rule 26(a)(l) filed by Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc..(Farnan, Brian) |
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Filing 19
SCHEDULING ORDER: Joinder of Parties due by 10/3/2022. Amended Pleadings due by 10/3/2022. Fact Discovery completed by 5/1/2023. Opening Expert Reports due by 6/12/2023. Rebuttal Expert Reports due by 7/20/2023. Expert Discovery due by 9/29/2023. A Status Conference is set for 12/15/2022 at 11:00 AM before Judge Sherry R. Fallon. Status Report due by 12/8/2022. Dispositive Motions due by 10/30/2023. Claim Construction Opening Brief due by 1/10/2023. Claim Construction Answering Brief due by 1/31/2023. Claim Construction Reply Brief due by 2/15/2023. Claim Construction Surreply Brief due by 2/22/2023. Joint Claim Construction Brief due by 2/28/2023. Pursuant to Paragraph 5(g) of the Court's Standing Order No. 2022-VAC-1, absent consent to a magistrate judge, dates for motion hearings; claim construction hearings and argument; pretrial conference and trial, will not be set until an Article III Judge is assigned to the case. (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 6/16/2022. (lih)
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ORAL ORDER- GRANTING #18 Joint Letter Request to cancel Rule 16 scheduling teleconference and for entry of the proposed Scheduling Order. Ordered by Judge Sherry R. Fallon on 6/16/2022. (lih)
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| Filing 18 Letter to The Honorable Sherry R. Fallon from Andrew C. Mayo regarding proposed scheduling order and request to cancel Rule 16 conference in view of agreed schedule. (Attachments: #1 Text of Proposed Order)(Mayo, Andrew) |
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ORAL ORDER- Due to a conflict with the court's calendar, IT IS HEREBY ORDERED that the scheduling teleconference set in this matter June 21, 2022 at 11:00 AM is RESCHEDULED to 11:30 AM before Judge Sherry R. Fallon. Counsel shall submit a joint proposed scheduling order by no later than June 15, 2022. Ordered by Judge Sherry R. Fallon on 6/6/2022. (lih)
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| Filing 17 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Extremity Medical, LLC. (Mayo, Andrew) |
| Filing 16 ANSWER to #12 Answer to Complaint, Counterclaim by Extremity Medical, LLC.(Mayo, Andrew) |
| Pro Hac Vice Attorney Michael J. Zinna for Extremity Medical, 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) |
| Pro Hac Vice Attorney David G Lindenbaum for Extremity Medical, 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) |
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ORAL ORDER Re: D.I. #14 : Pursuant to Paragraphs 5(b)-(c) of the Court's Standing Order No. 2022-VAC-1, IT IS HEREBY ORDERED THAT: (1) On or before May 3, 2022, the parties shall: hold a Rule 26(f) conference and commence discovery.; (2) The parties shall file a proposed scheduling order within 30 days of the Rule 26(f) conference; The Court's form scheduling order is posted at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. If the parties have any suggestions or modifications to the standard form of scheduling order, they may be included in the proposed order for consideration by the Court. If any disputed issue exists regarding the proposed scheduling order, it shall be noted therein, along with the parties' proposed language on the issue for consideration by the Court; (3) A scheduling teleconference pursuant to Fed. R. Civ. P. 16(b) is set for 6/21/2022 at 11:00 a.m. Ordered by Judge Sherry R. Fallon on April 27, 2022. (lih)
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| Filing 15 ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Sherry R. Fallon solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 4/26/22. (ntl) |
| Filing 14 VAC Magistrate Non-Consent completed by the parties filed by Extremity Medical, LLC. (Mayo, Andrew) |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Zinna and David G. Lindenbaum - filed by Extremity Medical, LLC. (Mayo, Andrew) |
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SO ORDERED re #13 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Zinna and David G. Lindenbaum filed by Extremity Medical, LLC. ORDERED by Judge Maryellen Noreika on 4/25/2022. (dlw)
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| Filing 12 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Extremity Medical, LLC by Zimmer Biomet Holdings, Inc., Nextremity Solutions, Inc., Zimmer, Inc..(Farnan, Michael) |
| Pro Hac Vice Attorney Brett M. Hutton,Nicholas Mesiti for Nextremity Solutions, Inc.,Zimmer Biomet Holdings, Inc.,Zimmer, 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. (apk) |
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SO ORDERED re #9 STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the Complaint to 4/18/2022 (Set/Reset Answer Deadlines: Nextremity Solutions, Inc. answer due 4/18/2022; Zimmer Biomet Holdings, Inc. answer due 4/18/2022; Zimmer, Inc. answer due 4/18/2022). ORDERED by Judge Maryellen Noreika on 3/17/2022. (dlw)
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SO ORDERED re #8 MOTION for Pro Hac Vice Appearance of Attorney Brett M. Hutton and Nicholas Mesiti filed by Zimmer, Inc., Zimmer Biomet Holdings, Inc., Nextremity Solutions, Inc. ORDERED by Judge Maryellen Noreika on 3/17/2022. (dlw)
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| Filing 11 VAC Notice, Consent, Non-Consent, Magistrate Referral (ntl) |
| Filing 10 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-VAC-1 (March 9, 2022), which are found 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 sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 03/16/2022. (ntl) |
| Case Assigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (rjb) |
| Filing 9 STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the Complaint to 4/18/2022 - filed by Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc.. (Farnan, Michael) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Brett M. Hutton and Nicholas Mesiti - filed by Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc.. (Farnan, Brian) |
| Filing 7 SUMMONS Returned Executed by Extremity Medical, LLC. Zimmer, Inc. served on 2/25/2022, answer due 3/18/2022. (Mayo, Andrew) |
| Filing 6 SUMMONS Returned Executed by Extremity Medical, LLC. Zimmer Biomet Holdings, Inc. served on 2/25/2022, answer due 3/18/2022. (Mayo, Andrew) |
| Filing 5 SUMMONS Returned Executed by Extremity Medical, LLC. Nextremity Solutions, Inc. served on 2/25/2022, answer due 3/18/2022. (Mayo, Andrew) |
| Filing 4 Summons Issued with Magistrate Consent Notice attached as to Nextremity Solutions, Inc. on 2/25/2022; Zimmer Biomet Holdings, Inc. on 2/25/2022; Zimmer, Inc. on 2/25/2022. (Attachments: #1 Summons Issued, #2 Summons Issued)(mal) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,303,589. (mal) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 1 COMPLAINT filed with Jury Demand against Nextremity Solutions, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3810921.) - filed by Extremity Medical, LLC. (Attachments: #1 Exhibit A & B, #2 Civil Cover Sheet)(mal) |
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