Best Medical International, Inc. v. Elekta Inc. et al.
Plaintiff: Best Medical International, Inc.
Defendant: Elekta Ltd., Elekta Inc., ELEKTA AB, Elekta Holdings US, Inc. and IMPAC Medical Systems, Inc.
Case Number: 1:2019cv03409
Filed: July 29, 2019
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
Presiding Judge: Michael L Brown
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2019 Filing 87 Joint MOTION for Entry of a Stipulated Supplemental Protective Order Regarding Source Code by Best Medical International, Inc.. (Attachments: #1 Text of Proposed Order Granting Stipulated Supplemental Protective Order Regarding Source Code)(Harbin, John)
September 6, 2019 Filing 86 ANSWER to #78 Counterclaim by Best Medical International, Inc..(Harbin, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 4, 2019 NOTICE (by docket entry only). The teleconference set for 9/9/2019 at 10:15 a.m. Eastern Time before Judge Jennifer L. Hall prior to this case being transferred to this district, (see Dkt. #50 ), will not proceed before Judge Brown. (bgt)
August 30, 2019 Opinion or Order Filing 85 ORDER granting the parties' #84 Joint Motion and Stipulation for Extension of Time regarding Plaintiff Best Medical International, Inc.'s deadline to serve its document production pursuant to LPR 4.1(c)(2) and an equivalent extension of time for Defendants to serve their invalidity contentions pursuant to LPR 4.4(b). Best Medical's deadline to serve its document production pursuant to LPR 4.1(c)(2) is extended to and including September 16, 2019, and Defendants' deadline to serve their invalidity contentions pursuant to LPR 4.4(b) is extended to and including October 31, 2019. Signed by Judge Michael L. Brown on 8/30/2019. (bgt)
August 30, 2019 Filing 84 Joint MOTION for Extension of Time for Plaintiff to Produce Documents pursuant to LPR 4.1(c)(2) and for Defendants to Serve Invalidity Contentions by Best Medical International, Inc.. (Attachments: #1 Text of Proposed Order)(Harbin, John)
August 28, 2019 Filing 83 NOTICE by Elekta Inc. of Service of Discovery (Fraizer, Tamara)
August 16, 2019 Opinion or Order Filing 82 ORDER granting #74 Application for Admission Pro Hac Vice as to Anand Mohan. Signed by Judge Michael L. Brown on 8/16/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dob)
August 16, 2019 Opinion or Order Filing 81 ORDER granting #70 Application for Admission Pro Hac Vice as to Philip L Hirschhorn. Signed by Judge Michael L. Brown on 8/16/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dob)
August 16, 2019 Opinion or Order Filing 80 ORDER granting #73 Application for Admission Pro Hac Vice as to Erin M Dunston. Signed by Judge Michael L. Brown on 8/16/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dob)
August 16, 2019 Opinion or Order Filing 79 ORDER granting #72 Application for Admission Pro Hac Vice as to Jason P. Camillo. Signed by Judge Michael L. Brown on 8/16/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dob)
August 16, 2019 Filing 78 Elekta Inc.'s ANSWER to #9 Amended Complaint for Patent Infringement and Counterclaims ( Discovery ends on 5/12/2020.), COUNTERCLAIM against Best Medical International, Inc. with Jury Demand by Elekta Inc..(McDaniel, Petrina) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 16, 2019 APPROVAL by Clerks Office re: #70 APPLICATION for Admission of Philip L Hirschhorn Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856799). Documents for this entry are not available for viewing outside the courthouse.. Attorney Philip L. Hirschhorn added appearing on behalf of Best Medical International, Inc. (pmb)
August 16, 2019 RETURN of #71 APPLICATION for Admission of Kimberly E. Coghill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856820). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)
August 16, 2019 APPROVAL by Clerks Office re: #73 APPLICATION for Admission of Erin M. Dunston Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856835). Documents for this entry are not available for viewing outside the courthouse.. Attorney Erin M. Dunston added appearing on behalf of Best Medical International, Inc. (pmb)
August 16, 2019 APPROVAL by Clerks Office re: #72 APPLICATION for Admission of Jason P. Camillo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856828). Documents for this entry are not available for viewing outside the courthouse.. Attorney Jason P. Camillo added appearing on behalf of Best Medical International, Inc. (pmb)
August 16, 2019 APPROVAL by Clerks Office re: #74 APPLICATION for Admission of Anand Mohan Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856842). Documents for this entry are not available for viewing outside the courthouse.. Attorney Anand Mohan added appearing on behalf of Best Medical International, Inc. (pmb)
August 15, 2019 Filing 77 Certificate of Interested Persons and Corporate Disclosure Statement by Elekta Inc., Elekta Ltd. identifying Corporate Parent ELEKTA AB, Corporate Parent Elekta Holdings U.S., Inc. for Elekta Inc.; Corporate Parent ELEKTA AB, Corporate Parent Elekta Holdings Limited for Elekta Ltd.. (McDaniel, Petrina)
August 15, 2019 Opinion or Order Filing 76 ORDER Granting #75 Joint Motion for Extension of Time Regarding Contentions and Elekta Inc's Deadline to Answer Amended Complaint. Answer due 8/16/19. Signed by Judge Michael L. Brown on 8/15/19. (bjh)
August 15, 2019 Filing 75 Joint MOTION for Extension of Time and Stipulation Regarding Contentions and Elekta Inc.'s Deadline to Answer the Amended Complaint by Best Medical International, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion and Stipulation for Extension of Time Regarding Contentions and Elekta Inc.'s Deadline to Answer the Amended Complaint)(Harbin, John)
August 15, 2019 Set Deadline: Elekta Inc.'s answer due 8/16/2019. (bjh)
August 14, 2019 Submission of #17 Motion to Dismiss, to District Judge Michael L. Brown. (bgt)
August 12, 2019 Filing 74 APPLICATION for Admission of Anand Mohan Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856842). Documents for this entry are not available for viewing outside the courthouse.by Best Medical International, Inc.. (Harbin, John)
August 12, 2019 Filing 73 APPLICATION for Admission of Erin M. Dunston Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856835). Documents for this entry are not available for viewing outside the courthouse.by Best Medical International, Inc.. (Harbin, John)
August 12, 2019 Filing 72 APPLICATION for Admission of Jason P. Camillo Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856828). Documents for this entry are not available for viewing outside the courthouse.by Best Medical International, Inc.. (Harbin, John)
August 12, 2019 Filing 71 APPLICATION for Admission of Kimberly E. Coghill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856820). Documents for this entry are not available for viewing outside the courthouse.by Best Medical International, Inc.. (Harbin, John)
August 12, 2019 Filing 70 APPLICATION for Admission of Philip L Hirschhorn Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8856799). Documents for this entry are not available for viewing outside the courthouse.by Best Medical International, Inc.. (Harbin, John)
August 12, 2019 Filing 69 NOTICE of Appearance by John Weldon Harbin on behalf of Best Medical International, Inc. (Harbin, John)
August 5, 2019 Filing 68 NOTICE Of Filing Amended Pro Hac Vice Application (R. Lemieux) by Elekta Inc., Elekta Ltd. (Attachments: #1 Exhibit A - Amended Pro Hac Vice Application (R. Lemieux))(McDaniel, Petrina)
August 5, 2019 Opinion or Order Filing 67 ORDER Granting #62 Application for Admission Pro Hac Vice of Theresa A. Rakocy. Signed by Judge Michael L. Brown on 8/5/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bjh)
August 5, 2019 Opinion or Order Filing 66 ORDER Granting #61 Application for Admission Pro Hac Vice of Tamara Fraizer. Signed by Judge Michael L. Brown on 8/5/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bjh)
August 5, 2019 Opinion or Order Filing 65 ORDER Granting #60 Application for Admission Pro Hac Viceof Christopher William Adams. Signed by Judge Michael L. Brown on 8/5/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bjh)
August 5, 2019 Opinion or Order Filing 64 ORDER Granting #59 Application for Admission Pro Hac Viceof Vidya Ratna Bhakar. Signed by Judge Michael L. Brown on 8/5/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bjh)
August 5, 2019 Opinion or Order Filing 63 ORDER Granting #58 Application for Admission Pro Hac Vice of Ronald S. Lemiuex. Signed by Judge Michael L. Brown on 8/5/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bjh)
August 5, 2019 Clerk's Certificate of Mailing to Tamara Fraizer re #66 Order on Application for Admission PHV. (bjh)
August 5, 2019 Clerk's Certificate of Mailing to Vidya Ratna Bhakar re #64 Order on Application for Admission PHV. (bjh)
August 5, 2019 Clerk's Certificate of Mailing to Ronald S. Lemiuex re #63 Order on Application for Admission PHV. (bjh)
August 5, 2019 Clerk's Certificate of Mailing to Theresa A. Rakocy re #67 Order on Application for Admission PHV. (bjh)
August 5, 2019 Clerk's Certificate of Mailing to Christopher William Adams re #65 Order on Application for Admission PHV. (bjh)
August 2, 2019 APPROVAL by Clerks Office re: #59 APPLICATION for Admission of Vidya Ratna Bhakar Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835783). Documents for this entry are not available for viewing outside the courthouse.. Attorney Petrina Ann McDaniel added appearing on behalf of Elekta Inc. and Elekta Ltd. (jkm)
August 2, 2019 APPROVAL by Clerks Office re: #58 APPLICATION for Admission of Ronald S. Lemiuex Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835780). Documents for this entry are not available for viewing outside the courthouse.. Attorney Petrina Ann McDaniel added appearing on behalf of Elekta Inc. and Elekta Ltd. (jkm)
August 2, 2019 APPROVAL by Clerks Office re: #60 APPLICATION for Admission of Christopher William Adams Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835790). Documents for this entry are not available for viewing outside the courthouse.. Attorney Petrina Ann McDaniel added appearing on behalf of Elekta Inc. and Elekta Ltd. (jkm)
August 2, 2019 APPROVAL by Clerks Office re: #62 APPLICATION for Admission of Theresa A. Rakocy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835817). Documents for this entry are not available for viewing outside the courthouse.. Attorney Petrina Ann McDaniel added appearing on behalf of Elekta Inc. and Elekta Ltd. (jkm)
August 2, 2019 APPROVAL by Clerks Office re: #61 APPLICATION for Admission of Tamara Fraizer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835814). Documents for this entry are not available for viewing outside the courthouse.. Attorney Petrina Ann McDaniel added appearing on behalf of Elekta Inc. and Elekta Ltd. (jkm)
August 1, 2019 Filing 62 APPLICATION for Admission of Theresa A. Rakocy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835817). Documents for this entry are not available for viewing outside the courthouse.by Elekta Inc., Elekta Ltd.. (McDaniel, Petrina)
August 1, 2019 Filing 61 APPLICATION for Admission of Tamara Fraizer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835814). Documents for this entry are not available for viewing outside the courthouse.by Elekta Inc., Elekta Ltd.. (McDaniel, Petrina)
August 1, 2019 Filing 60 APPLICATION for Admission of Christopher William Adams Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835790). Documents for this entry are not available for viewing outside the courthouse.by Elekta Inc., Elekta Ltd.. (McDaniel, Petrina)
August 1, 2019 Filing 59 APPLICATION for Admission of Vidya Ratna Bhakar Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835783). Documents for this entry are not available for viewing outside the courthouse.by Elekta Inc., Elekta Ltd.. (McDaniel, Petrina)
August 1, 2019 Filing 58 APPLICATION for Admission of Ronald S. Lemiuex Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8835780). Documents for this entry are not available for viewing outside the courthouse.by Elekta Inc., Elekta Ltd.. (McDaniel, Petrina)
August 1, 2019 Filing 57 NOTICE of Appearance by Petrina Ann McDaniel on behalf of Elekta Inc., Elekta Ltd. (McDaniel, Petrina)
July 30, 2019 Opinion or Order Filing 56 STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 11/26/2018. (bgt)
July 29, 2019 Filing 55 Case transferred in from District of Delaware; Case Number 1:18-cv-01600. Original file certified copy of transfer order and docket sheet received.
July 29, 2019 Opinion or Order Filing 54 MEMORANDUM ORDER transferring action to the Northern District of Georgia. Elekta Ltd.'s Motion to Dismiss for Lack of Personal Jurisdiction #17 shall remain pending for the transferee court. Signed by Judge Maryellen Noreika on 7/29/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
July 29, 2019 Case electronically transferred to District of Northern District of Georgia. (dlw) [Transferred from Delaware on 7/29/2019.]
July 29, 2019 Submission of #17 , to District Judge Michael L. Brown. (aar)
July 26, 2019 Filing 53 Letter to The Honorable Maryellen Noreika from Geoffrey G. Grivner regarding Transfer of Action - re #52 Order,,,. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
July 23, 2019 Opinion or Order Filing 52 ORDER re #51 Memorandum Opinion GRANTING-IN-PART and DENYING-IN-PART #11 Motion to Dismiss or Transfer - IT IS HEREBY ORDERED that (1) IMPAC Medical Systems, Inc.'s Motion to Dismiss for Failure to State a Claim is GRANTED and the claims against IMPAC are DISMISSED; (2) Elekta, Inc.'s Motion to Dismiss or Transfer is GRANTED-IN-PART and DENIED-IN-PART: (a) the portion seeking transfer is GRANTED and (b) the portion seeking dismissal is DENIED; and (3) on or before 7/29/2019 Plaintiff and Defendant Elekta Ltd. shall meet and confer and inform the Court, by way of joint letter, whether they consent to the transfer of the claims against Elekta Ltd. to the Northern District of Georgia, including whether the parties consent to the Northern District addressing Elekta Ltd.'s personal jurisdiction challenge. Signed by Judge Maryellen Noreika on 7/23/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
July 23, 2019 Filing 51 MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 7/23/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
July 18, 2019 Opinion or Order Filing 50 ORDER Setting Teleconference: A Telephone Conference is scheduled for 9/9/2019 at 10:15 a.m. Eastern Time before Judge Jennifer L. Hall to discuss ADR. Plaintiff's counsel shall initiate the call. Signed by Judge Jennifer L. Hall on 7/18/2019. (ceg) (Main Document 50 replaced on 7/18/2019) (ceg). [Transferred from Delaware on 7/29/2019.]
July 17, 2019 Opinion or Order Filing 49 PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 7/17/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
July 16, 2019 Filing 48 PROPOSED ORDER // Protective Order by Best Medical International, Inc. (Grivner, Geoffrey) Modified on 7/17/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
July 16, 2019 CASE REFERRED to Magistrate Judge Jennifer L. Hall 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 # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) [Transferred from Delaware on 7/29/2019.]
July 15, 2019 Opinion or Order Filing 47 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 6/23/2020. Amended Pleadings due by 6/23/2020. Fact Discovery completed by 8/12/2020. Opening Expert Reports due by 9/16/2020. Rebuttal Expert Reports due by 10/30/2020. Reply Expert Reports due by 12/1/2020. Expert Discovery due by 2/1/2021. Dispositive Motions due by 3/1/2021. Answering Brief due 3/29/2021. Reply Brief due 4/13/2021. Claim Construction Opening Brief served by 1/10/2020. Claim Construction Answering Brief served by 2/14/2020. Claim Construction Reply Brief served by 2/28/2020. Claim Construction Surreply Brief served by 3/13/2020. Joint Claim Construction Brief due by 3/18/2020. A Markman Hearing is set for 4/8/2020 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 8/16/2021 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. Each matter is scheduled for a Jury Trial during the period from 8/23/2021 to 9/10/2021. Signed by Judge Maryellen Noreika on 7/15/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
July 12, 2019 Filing 46 STIPULATION TO EXTEND TIME for submission of Joint Proposed Protective Order to July 16, 2019 - filed by Best Medical International, Inc.. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
July 12, 2019 Opinion or Order SO ORDERED, re #46 STIPULATION TO EXTEND TIME for submission of Joint Proposed Protective Order to July 16, 2019 filed by Best Medical International, Inc.. ORDERED by Judge Maryellen Noreika on 7/12/2019. (mdb) [Transferred from Delaware on 7/29/2019.]
July 8, 2019 Filing 45 Joint PROPOSED ORDER Scheduling Order by Best Medical International, Inc.. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
July 3, 2019 Opinion or Order SO ORDERED re #44 STIPULATION TO EXTEND TIME for the parties to submit the proposed Protective Order to July 12, 2019. ORDERED by Judge Maryellen Noreika on 7/3/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
July 2, 2019 Filing 44 STIPULATION TO EXTEND TIME for the parties to submit the proposed Protective Order to July 12, 2019 - filed by Best Medical International, Inc. (Grivner, Geoffrey) Modified on 7/3/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
June 28, 2019 Filing 43 Letter to The Honorable Maryellen Noreika from Steven J. Balick regarding Identification of the Motions Pending in the Elekta Action. (Balick, Steven) [Transferred from Delaware on 7/29/2019.]
June 28, 2019 Opinion or Order Filing 42 ORAL ORDER - The Pretrial Conference is set for 8/16/2021 at 02:00 PM in Courtroom 4A. ORDERED by Judge Maryellen Noreika on 6/28/2019. Associated Cases: 1:18-cv-01599-MN, 1:18-cv-01600-MN(mdb) [Transferred from Delaware on 7/29/2019.]
June 28, 2019 Minute Entry for proceedings held before Judge Maryellen Noreika - Rule 16 Telephone Conference held on 6/28/2019. Regarding the disputes outlined in the joint letter (DI 19 in C.A. No. 18-1599-MN), the Court limits the total number of hours for third party depositions to 140 hours each; further, the Court will not formally consolidate these cases at this time, but may address doing so at a later date. These cases will be coordinated, using dual captions for e-filings. The parties are further ordered to file a single joint claim construction brief for these two cases. The Court adopts the parties' joint proposed schedule and assigns the following dates: the Markman Hearing will take place on 4/8/2020 at 9:00 AM in Courtroom 4A, and the Jury Trial is set for 8/23/2021 through 9/10/2021. The length of trial, and whether this will be a consolidated trial or back-to-back trials, will be addressed at the pretrial conference or earlier. The parties shall incorporate the assigned dates into the proposed scheduling order, and submit a new order by 7/8/2019. (Court Reporter Stacy Vickers.) Associated Cases: 1:18-cv-01599-MN, 1:18-cv-01600-MN(mdb) [Transferred from Delaware on 7/29/2019.]
June 27, 2019 Opinion or Order SO ORDERED re #41 STIPULATION TO EXTEND TIME Submission of Proposed Protective Order to July 3, 2019. ORDERED by Judge Maryellen Noreika on 6/27/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
June 26, 2019 Filing 41 STIPULATION TO EXTEND TIME Submission of Proposed Protective Order to July 3, 2019 - filed by Best Medical International, Inc.. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
June 20, 2019 Filing 40 NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production of Documents, Electronically Stored Information, and Things and Plaintiff's Initial Disclosures filed by Best Medical International, Inc..(Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
June 20, 2019 Remark - Set/Reset Hearings: The Rule 16 Teleconference set for 6/28/2019 will now begin at 01:00 PM. Associated Cases: 1:18-cv-01599-MN, 1:18-cv-01600-MN (dlw) [Transferred from Delaware on 7/29/2019.]
June 19, 2019 Filing 39 NOTICE OF SERVICE of Initial Disclosures of Defendants Elekta Inc. and Impac Medical Systems, Inc. and Initial Disclosures of Defendant Elekta Limited filed by Elekta Inc., Elekta Ltd., IMPAC Medical Systems, Inc..(Balick, Steven) [Transferred from Delaware on 7/29/2019.]
June 12, 2019 Opinion or Order ORAL ORDER Setting Rule 16 Teleconference: A Rule 16 Teleconference is set for 6/28/2019 at 02:00 PM before Judge Maryellen Noreika. All parties wishing to join the call shall do so by individually dialing into 302-573-4545 not earlier than 1:55 PM. ORDERED by Judge Maryellen Noreika on 6/12/2019. Associated Cases: 1:18-cv-01599-MN, 1:18-cv-01600-MN(dlw) [Transferred from Delaware on 7/29/2019.]
May 31, 2019 Filing 38 Joint PROPOSED ORDER Scheduling Order re (19 in 1:18-cv-01599-MN, 37 in 1:18-cv-01600-MN) Letter, (35 in 1:18-cv-01600-MN, 16 in 1:18-cv-01599-MN) Oral Order by Best Medical International, Inc. (Grivner, Geoffrey) Modified on 6/3/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
May 31, 2019 Filing 37 Letter to the Honorable Maryellen Noreika from Geoffrey G. Grivner regarding Joint Proposed Scheduling Order - re (35 in 1:18-cv-01600-MN, 16 in 1:18-cv-01599-MN) Oral Order,,,. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
May 23, 2019 Filing 36 STIPULATION TO EXTEND TIME to submit a Joint Proposed Scheduling Order to May 31, 2019 - filed by Best Medical International, Inc.. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
May 23, 2019 Opinion or Order SO ORDERED re #36 STIPULATION TO EXTEND TIME to submit a Joint Proposed Scheduling Order to May 31, 2019. ORDERED by Judge Maryellen Noreika on 5/23/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
April 26, 2019 Opinion or Order Filing 35 ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial and the parties' positions on coordination/consolidation of these matters, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 4/26/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
March 27, 2019 Filing 34 REPLY BRIEF re #17 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Elekta Ltd.. (Balick, Steven) [Transferred from Delaware on 7/29/2019.]
March 27, 2019 Filing 33 REPLY BRIEF re #11 MOTION to Dismiss for Improper Venue by Elekta Inc., and Motion to Dismiss for Failure to State a Claim by IMPAC Medical Systems, Inc. filed by Elekta Inc., IMPAC Medical Systems, Inc.. (Balick, Steven) [Transferred from Delaware on 7/29/2019.]
March 13, 2019 Filing 32 REDACTED VERSION of #26 Answering Brief in Opposition by Best Medical International, Inc. (Grivner, Geoffrey) Modified on 3/13/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
March 8, 2019 Filing 31 STIPULATION Seeking to Extend, Until March 27, 2019: (i) Reply Brief in Support of Elekta Inc.'s Motion to Dismiss or Transfer for Improper Venue, and IMPAC Medical Systems, Inc.'s Motion to Dismiss for Failure to State a Claim (D.I. 11), and (ii) Reply Brief in Support of Elekta Limited's Motion to Dismiss for Lack of Personal Jurisdiction (D.I. 17), by Elekta Inc., Elekta Ltd., IMPAC Medical Systems, Inc.. (Balick, Steven) [Transferred from Delaware on 7/29/2019.]
March 8, 2019 Opinion or Order SO ORDERED re #31 Stipulation (Set Briefing Schedule: re #11 MOTION to Dismiss for Improper Venue by Elekta Inc., and Motion to Dismiss for Failure to State a Claim by IMPAC Medical Systems, Inc., #17 MOTION to Dismiss for Lack of Jurisdiction Over the Person - Reply Brief due 3/27/2019). ORDERED by Judge Maryellen Noreika on 3/8/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
March 8, 2019 Pro Hac Vice Attorney Tamara Fraizer, Ronald S. Lemieux, Vid R. Bhakar, and Theresa A. Rakocy for Elekta Inc., Elekta Ltd., and IMPAC Medical Systems, 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. (nmg) [Transferred from Delaware on 7/29/2019.]
March 7, 2019 Opinion or Order SO ORDERED re #30 MOTION for Pro Hac Vice Appearance of Attorney Ronald S. Lemieux, Tamara D. Fraizer, Vid R. Bhakar, and Theresa A. Rakocy filed by IMPAC Medical Systems, Inc., Elekta Ltd., Elekta Inc. ORDERED by Judge Maryellen Noreika on 3/7/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
March 6, 2019 Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Ronald S. Lemieux, Tamara D. Fraizer, Vid R. Bhakar, and Theresa A. Rakocy - filed by Elekta Inc., Elekta Ltd., IMPAC Medical Systems, Inc.. (Mayo, Andrew) [Transferred from Delaware on 7/29/2019.]
March 6, 2019 Opinion or Order Filing 29 SO ORDERED re #25 Stipulation regarding Elekta Holdings U.S., Inc. Elekta Holdings U.S., Inc. terminated. Motions terminated: #14 MOTION to Dismiss for Failure to State a Claim or Transfer filed by Elekta Holdings U.S., Inc. Signed by Judge Maryellen Noreika on 3/6/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
March 6, 2019 Opinion or Order Filing 28 SO ORDERED re #24 Stipulation regarding Elekta AB. Elekta AB terminated. Signed by Judge Maryellen Noreika on 3/6/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
March 6, 2019 Filing 27 ANSWERING BRIEF in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Best Medical International, Inc..Reply Brief due date per Local Rules is 3/13/2019. (Attachments: #1 Exhibit 1)(Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
March 6, 2019 Filing 26 [SEALED] ANSWERING BRIEF in Opposition re #11 MOTION to Dismiss for Improper Venue by Elekta Inc., and Motion to Dismiss for Failure to State a Claim by IMPAC Medical Systems, Inc., #14 MOTION to Dismiss for Failure to State a Claim or Transfer filed by Best Medical International, Inc..Reply Brief due date per Local Rules is 3/13/2019. (Attachments: #1 Exhibit Certificate of Service)(Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
March 5, 2019 Filing 25 STIPULATION regarding Elekta Holdings U.S., Inc. by Best Medical International, Inc.. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
March 5, 2019 Filing 24 STIPULATION regarding Elekta AB by Best Medical International, Inc.. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
February 21, 2019 Opinion or Order SO ORDERED re #23 STIPULATION TO EXTEND TIME - Set Briefing Schedule: re #14 MOTION to Dismiss for Failure to State a Claim or Transfer, #11 MOTION to Dismiss for Improper Venue by Elekta Inc., and Motion to Dismiss for Failure to State a Claim by IMPAC Medical Systems, Inc., #17 MOTION to Dismiss for Lack of Jurisdiction Over the Person - Answering Briefs due 3/6/2019. ORDERED by Judge Maryellen Noreika on 2/21/2019. (dlw) [Transferred from Delaware on 7/29/2019.]
February 19, 2019 Filing 23 STIPULATION TO EXTEND TIME Elekta Inc.'s Motion to Dismiss for Improper Venue and IMPAC Medical Systems Inc.'s Motion to Dismiss for Failure to State a Claim (D.I. 11);Elekta Holdings U.S., Inc.'s Motion to Dismiss for Failure to State a Claim (D.I. 14); andElekta AB and Elekta Limited's Motion to Dismiss for Lack of Jurisdiction Over the Person (D.I. 17) to March 6, 2019 - filed by Best Medical International, Inc.. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
February 15, 2019 Filing 22 REDACTED VERSION of #13 Declaration by Elekta Inc., IMPAC Medical Systems, Inc. (Mayo, Andrew) Modified on 2/15/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 21 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent No parent corporations for Elekta AB, IMPAC Medical Systems, Inc.; Corporate Parent Elekta Holdings U.S., Inc. for Elekta Inc.; Corporate Parent Elekta Holdings Limited for Elekta Ltd.; Corporate Parent Elekta AB for Elekta Holdings U.S., Inc. filed by Elekta AB, Elekta Holdings U.S., Inc., Elekta Inc., Elekta Ltd., IMPAC Medical Systems, Inc.. (Balick, Steven) [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 20 DECLARATION of Steven Wort re #18 Opening Brief in Support by Elekta AB, Elekta Ltd. (Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 19 DECLARATION of Jonas Bolander re #18 Opening Brief in Support by Elekta AB, Elekta Ltd. (Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 18 OPENING BRIEF in Support re #17 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Elekta AB, Elekta Ltd..Answering Brief/Response due date per Local Rules is 2/20/2019. (Balick, Steven) [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 17 MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by Elekta AB, Elekta Ltd.. (Attachments: #1 Text of Proposed Order)(Balick, Steven) [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 16 DECLARATION of Michael J. Hartman re #15 Opening Brief in Support by Elekta Holdings U.S., Inc. (Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 15 OPENING BRIEF in Support re #14 MOTION to Dismiss for Failure to State a Claim or Transfer filed by Elekta Holdings U.S., Inc. Answering Brief/Response due date per Local Rules is 2/20/2019. (Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 14 MOTION to Dismiss for Failure to State a Claim or Transfer - filed by Elekta Holdings U.S., Inc.. (Attachments: #1 Text of Proposed Order)(Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 13 [SEALED] DECLARATION of Michael J. Hartman re #12 Opening Brief in Support by Elekta Inc., IMPAC Medical Systems, Inc. (Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 12 OPENING BRIEF in Support re #11 MOTION to Dismiss for Improper Venue by Elekta Inc., and Motion to Dismiss for Failure to State a Claim by IMPAC Medical Systems, Inc. filed by Elekta Inc., IMPAC Medical Systems, Inc. Answering Brief/Response due date per Local Rules is 2/20/2019. (Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
February 6, 2019 Filing 11 MOTION to Dismiss for Improper Venue by Elekta Inc., and Motion to Dismiss for Failure to State a Claim by IMPAC Medical Systems, Inc. - filed by Elekta Inc., IMPAC Medical Systems, Inc. (Attachments: #1 Text of Proposed Order)(Balick, Steven) Modified on 2/7/2019 (dlw). [Transferred from Delaware on 7/29/2019.]
November 5, 2018 Filing 10 AMENDED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,038,283 ;6,393,096 ;7,266,175 ;7,015,490. (Grivner, Geoffrey) Modified on 11/5/2018 (dlw). [Transferred from Delaware on 7/29/2019.]
November 5, 2018 Filing 9 First AMENDED COMPLAINT for Patent Infringement against All Defendants - filed by Best Medical International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J-1, #11 Exhibit J-2, #12 Exhibit J-3, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Civil Cover Sheet)(Grivner, Geoffrey) Modified on 11/5/2018 (dlw). [Transferred from Delaware on 7/29/2019.]
November 5, 2018 Filing 8 Proposed STIPULATION TO EXTEND TIME to answer or otherwise respond to the Amended Complaint to 2/6/2019. Defendants Elekta AB, Elekta Ltd., and IMPAC Medical Systems, Inc. waive service in this action. (Grivner, Geoffrey) Modified on 11/5/2018 (dlw). [Transferred from Delaware on 7/29/2019.]
November 5, 2018 Opinion or Order SO ORDERED re #8 Proposed STIPULATION TO EXTEND TIME to answer or otherwise respond to the Amended Complaint to 2/6/2019 (Set/Reset Answer Deadlines: Elekta AB answer due 2/6/2019; Elekta Holdings U.S., Inc. answer due 2/6/2019; Elekta Inc. answer due 2/6/2019; Elekta Ltd. answer due 2/6/2019; IMPAC Medical Systems, Inc. answer due 2/6/2019). ORDERED by Judge Maryellen Noreika on 11/5/2018. (dlw) [Transferred from Delaware on 7/29/2019.]
October 31, 2018 Pro Hac Vice Attorney Kimberly E. Coghill for Best Medical International, 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: 1:18-cv-01600-MN, 1:18-cv-01599-MN(lak) [Transferred from Delaware on 7/29/2019.]
October 25, 2018 Pro Hac Vice Attorney Erin M. Dunston,Jennifer Liu,Philip L. Hirschhorn for Best Medical International, 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: 1:18-cv-01599-MN, 1:18-cv-01600-MN(crb) [Transferred from Delaware on 7/29/2019.]
October 25, 2018 Pro Hac Vice Attorney Anand Mohan for Best Medical International, 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: 1:18-cv-01599-MN, 1:18-cv-01600-MN(ceg) [Transferred from Delaware on 7/29/2019.]
October 24, 2018 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:18-cv-01599-MN, 1:18-cv-01600-MN (rjb) [Transferred from Delaware on 7/29/2019.]
October 24, 2018 Opinion or Order SO ORDERED re #7 MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, Jennifer Liu, Esquire, Erin M. Dunston, Esquire, Kimberly E. Coghill, Esquire, and Anand Mohan, Esquire filed by Best Medical International, Inc. ORDERED by Judge Maryellen Noreika on 10/24/2018. (dlw) [Transferred from Delaware on 7/29/2019.]
October 23, 2018 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, Esquire, Jennifer Liu, Esquire, Erin M. Dunston, Esquire, Kimberly E. Coghill, Esquire, and Anand Mohan, Esquire - filed by Best Medical International, Inc.. (Attachments: #1 Certificate of Compliance of Philip L. Hirschhorn, #2 Text of Proposed Order for Philip L. Hirschhorn, #3 Certificate of Compliance of Jennifer Liu, #4 Text of Proposed Order for Jennifer Liu, #5 Certificate of Compliance of Erin M. Dunston, #6 Text of Proposed Order for Erin M. Dunston, #7 Certificate of Compliance of Kimberly E. Coghill, #8 Text of Proposed Order for Kimberly E. Coghill, #9 Certificate of Compliance of Anand Mohan, #10 Text of Proposed Order for Anand Mohan)(Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
October 19, 2018 Filing 6 SUMMONS Returned Executed by Best Medical International, Inc.. IMPAC Medical Systems, Inc. served on 10/18/2018, answer due 11/8/2018. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
October 19, 2018 Filing 5 SUMMONS Returned Executed by Best Medical International, Inc.. Elekta Holdings U.S., Inc. served on 10/18/2018, answer due 11/8/2018. (Grivner, Geoffrey) [Transferred from Delaware on 7/29/2019.]
October 17, 2018 Summons Issued with Magistrate Consent Notice attached as to Elekta Holdings U.S., Inc. on 10/17/2018; IMPAC Medical Systems, Inc. on 10/17/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar) [Transferred from Delaware on 7/29/2019.]
October 16, 2018 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Best Medical International, Inc.. (sar) [Transferred from Delaware on 7/29/2019.]
October 16, 2018 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,038,283 ;6,393,096 ;7,266,175. (sar) [Transferred from Delaware on 7/29/2019.]
October 16, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) [Transferred from Delaware on 7/29/2019.]
October 16, 2018 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Elekta AB, Elekta Holdings U.S., Inc., Elekta Inc., Elekta Ltd., IMPAC Medical Systems, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2482576.) - filed by Best Medical International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Civil Cover Sheet)(sar) (Additional attachment(s) added on 10/17/2018: #11 Exhibit J Part 1, #12 Exhibit J Part 2, #13 Exhibit J Part 3, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O) (nmg). [Transferred from Delaware on 7/29/2019.]

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Search for this case: Best Medical International, Inc. v. Elekta Inc. et al.
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Defendant: Elekta Ltd.
Represented By: Andrew Mayo
Represented By: Petrina Ann McDaniel
Represented By: Theresa A. Rakocy
Represented By: Christopher William Adams
Represented By: Vidya Ratna Bhakar
Represented By: Tamara Fraizer
Represented By: Steven J. Balick
Represented By: Ronald S. Lemieux
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Defendant: Elekta Inc.
Represented By: Andrew Mayo
Represented By: Petrina Ann McDaniel
Represented By: Theresa A. Rakocy
Represented By: Christopher William Adams
Represented By: Vidya Ratna Bhakar
Represented By: Tamara Fraizer
Represented By: Steven J. Balick
Represented By: Ronald S. Lemieux
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Defendant: ELEKTA AB
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Defendant: Elekta Holdings US, Inc.
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Defendant: IMPAC Medical Systems, Inc.
Represented By: Andrew Mayo
Represented By: Steven J. Balick
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Plaintiff: Best Medical International, Inc.
Represented By: Jason P. Camillo
Represented By: Anand Mohan
Represented By: Erin M. Dunston
Represented By: John Weldon Harbin
Represented By: Philip L. Hirschhorn
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