Apple Inc. v. Masimo Corporation et al
Defendant: Sound United, LLC
Counter Defendant: Apple Inc.
Counter Claimant: Masimo Corporation and Cercacor Laboratories, Inc.
Case Number: 1:2022cv01378
Filed: October 20, 2022
Court: US District Court for the District of Delaware
Presiding Judge: Maryellen Noreika
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 December 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2022 Pro Hac Vice Attorney Adam B. Powell for Masimo Corporation 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. Associated Cases: 1:22-cv-01377-MN, 1:22-cv-01378-MN(mpb)
December 12, 2022 Filing 19 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Cercacor Laboratories, Inc.. (Phillips, John)
December 12, 2022 Filing 18 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Masimo Corporation for Sound United, LLC filed by Sound United, LLC. (Phillips, John)
December 12, 2022 Filing 17 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Masimo Corporation. (Phillips, John)
December 12, 2022 Filing 16 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,912,501; 10,912,502; 10,945,648; 10,687,743; 10,687,745; 10,722,159; 7,761,127; 8,190,223; 10,736,507; 10,984,911. (Phillips, John) Modified on 12/13/2022 (dlw).
December 12, 2022 Filing 15 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Apple Inc. by Masimo Corporation, Cercacor Laboratories, 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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Phillips, John)
December 12, 2022 Filing 14 OPENING BRIEF in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by Masimo Corporation, Sound United, LLC.Answering Brief/Response due date per Local Rules is 12/27/2022. (Phillips, John)
December 12, 2022 Filing 13 MOTION to Dismiss for Failure to State a Claim - filed by Sound United, LLC. (Attachments: #1 Proposed Order)(Phillips, John) Modified on 12/13/2022 (dlw).
December 12, 2022 Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Adam Powell - filed by Masimo Corporation, Sound United, LLC. (Attachments: #1 Certification of Adam Powell)(Haney, Megan)
December 12, 2022 Opinion or Order SO ORDERED re #12 MOTION for Pro Hac Vice Appearance of Attorney Adam Powell filed by Sound United, LLC, Masimo Corporation. ORDERED by Judge Maryellen Noreika on 12/12/2022. (dlw)
November 30, 2022 Pro Hac Vice Attorney Joseph R. Re for Masimo Corporation 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. Associated Cases: 1:22-cv-01377-MN, 1:22-cv-01378-MN(mpb)
November 29, 2022 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Stephen W. Larson, Stephen C. Jensen, Joseph R. Re and Brian C. Horne - filed by Masimo Corporation, Sound United, LLC. (Attachments: #1 Certification of Stephen W. Larson, #2 Certification of Stephen C. Jensen, #3 Certification of Joseph R. Re, #4 Certification of Brian C. Horne)(Haney, Megan)
November 29, 2022 Opinion or Order SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Stephen W. Larson, Stephen C. Jensen, Joseph R. Re and Brian C. Horne filed by Sound United, LLC, Masimo Corporation. ORDERED by Judge Maryellen Noreika on 11/29/2022. (dlw)
November 8, 2022 Filing 10 Alias SUMMONS Returned Executed by Apple Inc..Sound United, LLC served on 11/4/2022, answer due 12/12/2022. (Moore, David)
November 1, 2022 Opinion or Order SO ORDERED re #9 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to complaint to December 12, 2022 (Set/Reset Answer Deadlines: Masimo Corporation answer due 12/12/2022; Sound United, LLC answer due 12/12/2022). ORDERED by Judge Maryellen Noreika on 11/1/2022. (dlw)
October 31, 2022 Filing 9 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to complaint to December 12, 2022 - filed by Masimo Corporation, Sound United, LLC. (Phillips, John)
October 26, 2022 Pro Hac Vice Attorney John M. Desmarais and Peter C. Magic for Apple 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. Associated Cases: 1:22-cv-01377-MN, 1:22-cv-01378-MN(mpb)
October 25, 2022 Opinion or Order SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais and Peter C. Magic of Desmarais LLP filed by Apple Inc. ORDERED by Judge Maryellen Noreika on 10/25/2022. (dlw)
October 25, 2022 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:22-cv-01377-UNA, 1:22-cv-01378-UNA(nms)
October 21, 2022 Filing 8 SUMMONS Returned Executed by Apple Inc..Sound United, LLC served on 10/20/2022, answer due 11/10/2022. (Moore, David)
October 21, 2022 Filing 7 SUMMONS Returned Executed by Apple Inc..Masimo Corporation served on 10/20/2022, answer due 11/10/2022. (Moore, David)
October 21, 2022 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais and Peter C. Magic of Desmarais LLP - filed by Apple Inc.. (Palapura, Bindu)
October 20, 2022 Filing 5 Summons Issued as to Masimo Corporation on 10/20/2022; Sound United, LLC on 10/20/2022. (Attachments: #1 Summons Issued)(apk)
October 20, 2022 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Apple Inc. (apk)
October 20, 2022 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,076,257 ;10,627,783 ;10,942,491 ;10,987,054 ;11,106,352 ;11,474,483. (apk)
October 20, 2022 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
October 20, 2022 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Masimo Corporation, Sound United, LLC ( Filing fee $ 402, receipt number ADEDC-3986906.) - filed by Apple Inc. (Attachments: #1 Exhibit A-D, #2 Exhibit E-G, #3 Civil Cover Sheet)(apk)

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Counter defendant: Apple Inc.
Represented By: David Ellis Moore
Represented By: Bindu Ann George Palapura
Represented By: John M. Desmarais
Represented By: Peter C. Magic
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Counter claimant: Masimo Corporation
Represented By: John C. Phillips, Jr.
Represented By: Megan C. Haney
Represented By: Adam B. Powell
Represented By: Joseph R. Re
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Counter claimant: Cercacor Laboratories, Inc.
Represented By: John C. Phillips, Jr.
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Defendant: Sound United, LLC
Represented By: John C. Phillips, Jr.
Represented By: Megan C. Haney
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