Medline Industries, Inc. v. C.R. Bard, Inc.
Medline Industries, Inc. |
C.R. Bard, Inc. |
1:2017cv07216 |
October 5, 2017 |
US District Court for the Northern District of Illinois |
Chicago Office |
Cook |
Sara L. Ellis |
Patent |
35 U.S.C. ยง 271 |
Both |
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Filing 261 OPINION AND ORDER. For the reasons stated in the accompanying Opinion and Order, the Court grants in part and denies in part Medline's motion to strike 239 , 240 . The parties must file their agreed-upon proposed schedule for reopening fact a nd expert discovery for the limited purpose of allowing Medline to address SureStep 1.1 (or, if they cannot agree, their competing proposed schedules) with the Court within twenty-one days of this opinion. The Court further orders Bard to pay: (1) t he reasonable attorneys' fees incurred by Medline in briefing the current motion; (2) the reasonable attorneys' fees and expenses (including expert fees) incurred by Medline in connection with any supplemental reports that its experts provi de to address SureStep 1.1; and (3) the reasonable attorneys' fees and expenses (including expert fees) incurred by Medline in connection with any deposition that Bard takes of Medline's experts in connection with their supplemental expert reports. Signed by the Honorable Sara L. Ellis on 3/2/2021. Mailed notice(rj, ) |
Filing 247 OPINION AND ORDER. For the reasons stated in the accompanying Opinion and Order, the Court grants in part and denies in part Medline's motion to strike 226 and grants Bard's motion to strike 228 . The Court strikes (1) any reference to or discussion of Serany in paragraphs 548, 551, 563, 575, 621, 737, 923, 959, 1033, 1075, 1325, and 1354 of the Leinsing Report, pages 12, 22, and 32 of Exhibit 1 to the Leinsing Report, pages 10 and 25 of Exhibit 2 to the Leinsing Report, page 32 of Exhibit 4 to the Leinsing Report, pages 37 and 58 of Exhibit 5 to the Leinsing Report, and pages 72 and 85 of Exhibit 6 to the Leinsing Report; (2) any reference to or discussion of Salvadori in paragraphs 322, 66772, and 85460 of the Leinsing Repor t, pages 4244 of Exhibit 1 to the Leinsing Report, and pages 6871 of Exhibit 4 to the Leinsing Report; and (3) the reference to Salvadori's disclosure of swabs or swab sticks in paragraphs 250 and 384 of the Leinsing Report. The Court also stri kes those portions of the Abraham Report (including any accompanying claim charts) where Dr. Abraham opines (1) that the Meter tray or kit infringes claim 7 of the '596 patent and (2) that the swab sticks from Bard's Bag and Meter kits infringe claim 54 of the '088 patent. Finally, the Court grants Medline's unopposed motion to seal 232 . Signed by the Honorable Sara L. Ellis on 1/5/2021. Mailed notice (rj, ) |
Filing 219 OPINION AND ORDER. Signed by the Honorable Sara L. Ellis on 9/14/2020. Mailed notice(rj, ) |
Filing 190 OPINION AND ORDER. The Court grants Bard's motion to stay 176 . The Court strikes the status date set for September 11, 2019 and resets it to April 21, 2020 at 9:30 a.m. Signed by the Honorable Sara L. Ellis on 9/10/2019:Mailed notice(rj, ) |
Filing 149 OPINION AND ORDER. Signed by the Honorable Sara L. Ellis on 1/28/2019. Mailed notice(rj, ) |
Filing 113 OPINION AND ORDER Signed by the Honorable Sara L. Ellis on 9/11/2018: For the foregoing reasons, the Court grants Medline's motion to dismiss the counterclaims and to strike the inequitable conduct affirmative defense 69 . Mailed notice (mw, ) |
Filing 65 OPINION AND ORDER. The Court denies Bard's motion to transfer 38 . Signed by the Honorable Sara L. Ellis on 4/4/2018:Mailed notice(rj, ) |
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