Moskowitz Family LLC v. NuVasive, LLC et al
| Moskowitz Family LLC |
| NuVasive, LLC and NuVasive, Inc. |
| NuVasive, LLC and NuVasive, Inc. |
| Moskowitz Family LLC |
| 1:2025cv00711 |
| June 6, 2025 |
| U.S. District Court for the District of Delaware |
| William C Bryson |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2025. A more recent docket listing may be available from PACER.
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| Filing 25 NOTICE OF SERVICE of (i) Plaintiff's First Set of Interrogatories to Defendants (Nos. 1-13) and (ii) Plaintiff's First Set of Requests for Production to Defendants (Nos. 1-54) filed by Moskowitz Family LLC.(Farnan, Michael) |
| Filing 24 NOTICE OF SERVICE of Plaintiff's Initial Identification of Asserted Claims filed by Moskowitz Family LLC.(Farnan, Michael) |
| Filing 23 NOTICE OF SERVICE of Defendants NuVasive, LLC and NuVasive, Inc.'s Amended Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure on November 7, 2025 re #19 Notice of Service filed by NuVasive, Inc., NuVasive, LLC.(Cianciulli, Jeffrey) |
| Filing 22 NOTICE OF SERVICE of Defendant NuVasive's (1) First Set of Interrogatories and (2) First Set of Requests for Production to Plaintiff Moskowitz Family LLC filed by NuVasive, Inc., NuVasive, LLC.(Cianciulli, Jeffrey) |
Filing 21
STIPULATED PROTECTIVE ORDER. Signed by Judge William C. Bryson on 10/30/2025. (mpb)
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| Filing 20 PROPOSED ORDER Stipulated Protective Order by NuVasive, Inc., NuVasive, LLC. (Cianciulli, Jeffrey) |
| Filing 19 NOTICE OF SERVICE of Defendants NuVasive, LLC and NuVasive, Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure on October 27, 2025 filed by NuVasive, Inc., NuVasive, LLC.(Cianciulli, Jeffrey) |
| Filing 18 NOTICE OF SERVICE of Plaintiff's Initial Disclosures filed by Moskowitz Family LLC.(Farnan, Michael) |
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Filing 17
SCHEDULING ORDER: Joinder of Parties due by 4/1/2026. Amended Pleadings due by 4/1/2026. Discovery due by 5/1/2026. Opening Expert Reports due by 5/27/2026. Rebuttal Expert Reports due by 6/22/2026. Dispositive Motions due by 9/11/2026. Answering Brief due 9/21/2026. Reply Brief due 9/28/2026. Claim Construction Opening Brief due by 2/26/2026. Claim Construction Answering Brief due by 3/13/2026. Claim Construction Reply Brief due by 3/20/2026. Claim Construction Surreply Brief due by 3/27/2026. A Final Pretrial Conference is set for 1/21/2027 before Judge William C. Bryson. A 5-day Jury Trial is set for 2/8/2027 at 09:00 AM before Judge William C. Bryson (See Order for Further Details). Signed by Judge William C. Bryson on 10/20/2025. (oam)
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| Minute Entry for proceedings held before Judge William C. Bryson: Scheduling videoconference held on 10/3/2025. Counsel for both parties appeared. (Total Time in Court: 30 minutes) (crh) (Entered: 10/03/2025) |
| Remark: The proposed form of scheduling order has been emailed to Local Counsel on 9/25/2025, as directed by the Order at D.I. 16. (jfm) |
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Filing 16
ORAL ORDER: A scheduling conference will be held by Zoom in this case at 11 am Eastern Time on October 3, 2025. The court's proposed scheduling order will be sent separately to counsel of record by email. The parties should meet and confer prior to the conference to determine if there are any disputed issues to be resolved at the conference. The parties will be jointly responsible for obtaining court reporting services for the conference. The Zoom contact information will be provided to counsel of record prior to the conference. Ordered by Judge William C. Bryson on 09/24/2025. (jfm)
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| Pro Hac Vice Attorney Mark Hatch-Miller for NuVasive, Inc. & NuVasive, 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. (slk) |
| Filing 15 ANSWER to #13 Answer to Complaint, Counterclaim by Moskowitz Family LLC.(Farnan, Brian) |
| Pro Hac Vice Attorney Amy V. Hall for NuVasive, Inc. & NuVasive, 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. (slk) |
| Pro Hac Vice Attorney John P. Lahad for NuVasive, Inc. & NuVasive, 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. (slk) |
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Filing 14
ORDER: Granting #11 MOTION for Pro Hac Vice Appearance of Attorney John P. Lahad, Mark Hatch-Miller and Amy Hall. Signed by Judge William C. Bryson on 08/22/2025. (oam)
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| Filing 13 ANSWER to #1 Complaint,, with Jury Demand Affirmative and Other Defenses and, COUNTERCLAIM against Moskowitz Family LLC by NuVasive, LLC, NuVasive, Inc..(Cianciulli, Jeffrey) |
| Filing 12 Pro Hac Vice Fee - Credit Card Payment received for John P. Lahad, Mark Hatch-Miller, and Amy Hall. ( re #11 MOTION for Pro Hac Vice Appearance of Attorney John P. Lahad, Mark Hatch-Miller and Amy Hall )( Payment of $ 150, receipt number ADEDC-4772978).(Cianciulli, Jeffrey) |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney John P. Lahad, Mark Hatch-Miller and Amy Hall - filed by NuVasive, Inc., NuVasive, LLC. (Cianciulli, Jeffrey) |
| Case Reassigned to Judge William C. Bryson of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (WCB) after the case number on all documents filed. (alb) |
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SO ORDERED, re #9 Stipulation Extening Time for Defendants to Move, Answer or Respond to Complaint filed by NuVasive, Inc., NuVasive, LLC, ORDER, Resetting Deadlines: All Defendants. Signed by Judge Gregory B. Williams on 6/25/2025. (lnb)
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| Pro Hac Vice Attorney Todd S. Werner, Shelleaha L. Jonas, William R. Woodford, Julie Thomsen, Jason M. Zucchi for Moskowitz Family 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. (slk) |
| Filing 10 NOTICE of Appearance by Jeffrey S. Cianciulli on behalf of NuVasive, Inc., NuVasive, LLC (Attachments: #1 Certificate of Service)(Cianciulli, Jeffrey) |
| Filing 9 STIPULATION Extend Time to Answer or Respond to Complaint by NuVasive, Inc., NuVasive, LLC. (Cianciulli, Jeffrey) |
| Filing 8 Pro Hac Vice Fee - Credit Card Payment received for William R. Woodford, Todd S. Werner, Jason M. Zucchi, Shelleaha L. Jonas, and Julie Thomsen. ( re #7 MOTION for Pro Hac Vice Appearance of Attorney William R. Woodford, Todd S. Werner, Jason M. Zucchi, Shelleaha L. Jonas and Julie Thomsen )( Payment of $ 250, receipt number ADEDC-4714106).(Farnan, Brian) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney William R. Woodford, Todd S. Werner, Jason M. Zucchi, Shelleaha L. Jonas and Julie Thomsen - filed by Moskowitz Family LLC. (Farnan, Brian) |
| Filing 6 SUMMONS Returned Executed by Moskowitz Family LLC.NuVasive, Inc. served on 6/17/2025, answer due 7/8/2025; NuVasive, LLC served on 6/17/2025, answer due 7/8/2025. (Farnan, Brian) |
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SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney William R. Woodford, Todd S. Werner, Jason M. Zucchi, Shelleaha L. Jonas and Julie Thomsen filed by Moskowitz Family LLC. Signed by Judge Gregory B. Williams on 6/18/2025. (lnb)
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| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (alb) |
| Filing 5 Summons Issued as to NuVasive, Inc. and NuVasive, LLC on 6/6/2025. (Attachments: #1 Summons Issued, NuVasive, LLC)(jfm) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Moskowitz Family LLC. (jfm) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,972,363 B2; US 9,005,293 B2; US 9,301,854 B2; US 9,924,940 B2 ; US 10,016,284 B2; US 10,426,633 B2 ; US 10,925,753 B2; US 11,376,136 B2; US 11,771,567 B2; US 12,144,743 B2. (jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 COMPLAINT for Patent Infringement with Jury Demand against NuVasive, Inc., NuVasive, LLC (Filing fee $ 405, receipt number ADEDC-4705453) - filed by Moskowitz Family LLC. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit B1, #5 Exhibit B2, #6 Exhibit B3, #7 Exhibit B4, #8 Exhibit C1, #9 Exhibit C2, #10 Exhibit C3, #11 Exhibit D1, #12 Exhibit D2, #13 Exhibit E1, #14 Exhibit E2, #15 Exhibit F1, #16 Exhibit F2, #17 Exhibit G1, #18 Exhibit G2, #19 Exhibit G3, #20 Exhibit H1, #21 Exhibit H2, #22 Exhibit H3, #23 Exhibit I1, #24 Exhibit I2, #25 Exhibit J1, #26 Exhibit J2, #27 Exhibit J3, #28 Exhibit J4, #29 Civil Cover Sheet)(jfm) |
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