Beckman Coulter Inc. v. Sysmex America Inc. et al
Plaintiff: Beckman Coulter, Inc.
Defendant: Sysmex Corporation and Sysmex America, Inc.
Case Number: 1:2018cv06563
Filed: September 26, 2018
Court: US District Court for the Northern District of Illinois
Presiding Judge: Robert M Dow
Referring Judge: John Z Lee
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2018 Filing 83 ATTORNEY Appearance for Defendants Sysmex America, Inc., Sysmex Corporation by Sen Wang (Wang, Sen)
November 1, 2018 Opinion or Order Filing 82 SCHEDULING ORDER Signed by the Honorable John Z. Lee on 11/1/18.Mailed notice(ca, )
November 1, 2018 Opinion or Order Filing 81 ORDER: Order dated 10/31/18 is corrected #80 . This case is consolidated for all purposes with case number 18-cv-740. All future filings should be filed in case 18-cv-6563. The Court adopted the following schedule proposed by the parties: Initial Disclosures of Both Parties (LPR 2.1) and Opening of Fact Discovery (LPR 1.3) are due by 10/31/18; Initial Infringement Contentions (LPR 2.2 and 2.3) are due by 11/7/18; Initial Non-Infringement Contentions and Invalidity Contentions (LPR 2.3 and 2.4) are due by 11/21/18; Response to Invalidity Contentions (LPR 2.5) are due by 12/5/18; Final Infringement, Unenforceability, and Invalidity Contentions (LPR 3.1) are due by 4/17/19; Final Non-Infringement, Enforceability, and Validity Contentions (LPR 3.2 and 3.3) are due by 5/15/19; the exchange of Claim Terms Needing Construction (LPR 4.1(a) should be completed by 5/29/19; the meet and confer regarding terms to be construed (LPR 4.1(b) should take place by 6/5/19; Fact discovery shall close on 6/26/19; Opening Claim Construction Brief(s) (by alleged infringer(s) (LPR 4.2(a) Joint Appendix (LPR 4.2(b) deadline is 7/3/19; responsive Claim Construction Brief (LPR 4.2(c) shall be due by 7/31/19; reply Claim Construction Brief 8/14/19; Joint Claim Construction Chart (LPR 4.2(f) shall be due by 8/21/19. The parties should submit a proposed order and contact the courtroom deputy when they have done so. Status hearing set for 2/13/19 at 9:00 a.m. Signed by the Honorable John Z. Lee on 11/1/18.Mailed notice(ca, )
October 31, 2018 Opinion or Order Filing 80 ORDER: Status hearing held on 10/31/18. This case is consolidated for all purposes with case number 18-cv-740. All future filings should be filed in case 18-cv-6563. The Court adopted the following schedule proposed by the parties: Initial Disclosures of Both Parties (LPR 2.1) and Opening of Fact Discovery (LPR 1.3) are due by 10/31/18; Initial Infringement Contentions (LPR 2.2 and 2.3) are due by 11/7/18; Initial Non-Infringement Contentions and Invalidity Contentions (LPR 2.3 and 2.4) are due by 11/21/18; Response to Invalidity Contentions (LPR 2.5) are due by 12/5/18; Final Infringement, Unenforceability, and Invalidity Contentions (LPR 3.1) are due by 4/17/19; the exchange of Claim Terms Needing Construction (LPR 4.1(a) should be completed by 5/1/19; the meet and confer regarding terms to be construed (LPR 4.1(b) should take place by 5/8/19; Final Non-Infringement, Enforceability, and Validity Contentions (LPR 3.2 and 3.3) are due by 5/15/19; Fact discovery shall close on 5/29/19; Opening Claim Construction Brief(s) (by alleged infringer(s)) (LPR 4.2(a) Joint Appendix (LPR 4.2(b) deadline is 6/5/19; responsive Claim Construction Brief (LPR 4.2(c) shall be due by 7/3/19; reply Claim Construction Brief 7/17/19; Joint Claim Construction Chart (LPR 4.2(f) shall be due by 7/24/19. The parties should submit a proposed order and contact the courtroom deputy when they have done so. Status hearing set for 2/13/19 at 9:00 a.m. Signed by the Honorable John Z. Lee on 10/31/2018. Mailed notice (smm)
October 22, 2018 Filing 79 STATUS Report (Joint, per ECF Dkt No 78) by Beckman Coulter, Inc. (Feigelson, Aaron)
October 15, 2018 Filing 78 MINUTE entry before the Honorable John Z. Lee:The status hearing previously set for 10/15/18 is reset to 10/31/18 at 9:00 a.m. The parties are directed to meet and confer and file a joint status report by 10/22/18. The status report should include a proposed schedule pursuant to the Local Patent Rules. If the parties disagree as to the appropriate schedule, they may set forth their respective positions in the status report. Furthermore, the Court is considering consolidating the two cases (18-cv-0740 and 18-cv-6563). Any objection to consolidation should be set forth in the status report. Mailed notice (ca, )
October 10, 2018 Filing 77 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 10/11/2018 before Judge Dow is stricken. Mailed notice (cdh, )
October 10, 2018 Filing 76 ANSWER to Complaint with Jury Demand by Sysmex Corporation(Gabric, Ralph)
October 10, 2018 Filing 75 ANSWER to Complaint with Jury Demand by Sysmex America, Inc.(Gabric, Ralph)
October 10, 2018 Filing 74 MINUTE entry before the Honorable John Z. Lee: Status hearing set for 10/16/18 at 9:00 a.m. Mailed notice (ca, )
October 9, 2018 Filing 73 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Z. Lee for all further proceedings pursuant to Local Rule 40.4. Related case number 18cv740. Honorable Robert M. Dow, Jr no longer assigned to the case. Signed by Executive Committee on 10/9/18.(gcy, )
October 9, 2018 Filing 72 STATUS Report (Joint, per ECF Dkt No 71) by Beckman Coulter, Inc. (Feigelson, Aaron)
September 28, 2018 Filing 71 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing is set for 10/11/2018 at 9:30 a.m. The parties are requested to file a joint status report by 10/9/2018. Mailed notice (cdh, )
September 26, 2018 Filing 70 NOTICE OF EMAIL NOTIFICATION FAILURE, for document #68 , #69 , #67 sent to Attorney Robert Alfert, Jr. returned as: Bad destination host. Mailed to attorney a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at Docketing_ILND@ilnd.uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, )
September 26, 2018 Filing 69 MAILED Rule 83.15 letter to all counsel of record. (mma, )
September 26, 2018 Filing 68 RECEIVED from Florida Southern; Case Number 1:17-cv-24049 (mma)
September 26, 2018 Opinion or Order Filing 67 ORDER granting in part and denying in part #31 Motion to Dismiss for Failure to State a Claim. TRANSFERRING this action to the United States District Court for the Northern District of Illinois. Signed by Judge Darrin P. Gayles on 9/25/2018. See attached document for full details. (lbc) [Transferred from Florida Southern on 9/26/2018.]
August 17, 2018 Opinion or Order Filing 66 ORDER REGARDING DISCOVERY OF ELECTRONIC MAIL. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/17/2018. See attached document for full details. (eaa) [Transferred from Florida Southern on 9/26/2018.]
August 17, 2018 Filing 65 Joint MOTION for Entry of ESI Order by Beckman Coulter Inc.. (Attachments: #1 Exhibit Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
August 17, 2018 Filing 64 NOTICE by Beckman Coulter Inc. of Change of Law Firm Name and E-mail Addresses (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
July 12, 2018 Opinion or Order Filing 63 PROTECTIVE ORDER. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/12/2018. See attached document for full details. (eaa) [Transferred from Florida Southern on 9/26/2018.]
July 11, 2018 Filing 62 Joint MOTION for Protective Order by Beckman Coulter Inc.. (Attachments: #1 Exhibit Text of Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
May 30, 2018 Opinion or Order Filing 61 SCHEDULING ORDER: ( Status Conference set for 8/14/2019 10:00 AM before Judge Darrin P. Gayles., Jury Trial set for 11/12/2019 before Judge Darrin P. Gayles., Calendar Call set for 11/6/2019 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 7/13/2018., Expert Discovery due by 6/14/2019., Fact Discovery due by 3/29/2019., Joinder of Parties due by 7/13/2018., Mediation Deadline 8/2/2019., In Limine Motions due by 9/6/2019., Dispositive Motions due by 7/19/2019., Motions due by 9/6/2019., Pretrial Stipulation due by 10/11/2019.), Markman Hearing set for 1/11/2019 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters., ORDER REFERRING CASE to Mediation. ( Mediation Deadline 8/2/2019.) Signed by Judge Darrin P. Gayles on 5/30/18. (rms1) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 9/26/2018.]
May 25, 2018 Filing 60 Joint SCHEDULING REPORT - Rule 16.1 by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
May 21, 2018 Opinion or Order Filing 59 ENDORSED ORDER denying #57 Plaintiff's Unopposed Motion for Leave to File Sur-Reply in Opposition to Defendants' Combined Motion to Dismiss or Transfer; denying as moot #58 Defendants' Agreed Motion for Leave to File Response to Plaintiff's Proposed Sur-Reply. The Court will not consider arguments raised for the first time in Defendants' Reply in support of its motion. Signed by Judge Darrin P. Gayles on 5/21/2018. (hmo) [Transferred from Florida Southern on 9/26/2018.]
May 17, 2018 Filing 58 Agreed MOTION for Leave to File Response to Plaintiff's Proposed Sur-Reply [57-1] by SYSMEX AMERICA INC., SYSMEX CORPORATION. (Leahu, Stephen) [Transferred from Florida Southern on 9/26/2018.]
May 17, 2018 Filing 57 Unopposed MOTION for Leave to File Sur-Reply in Opposition to Defendants Combined Motion to Dismiss or Transfer by Beckman Coulter Inc.. (Attachments: #1 Exhibit Proposed Sur-Reply, #2 Text of Proposed Order Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
May 4, 2018 Filing 56 RESPONSE in Support re #31 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , SYSMEX CORPORATION'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND DEFENDANTS' COMBINED MOTION, IN THE ALTERNATIVE, TO TRANSFER filed by SYSMEX AMERICA INC., SYSMEX CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Leahu, Stephen) [Transferred from Florida Southern on 9/26/2018.]
April 25, 2018 Filing 55 TRANSCRIPT of Status Conference held on April 20, 2018 before Judge Darrin P. Gayles, 1 - 22 pages, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/16/2018. Redacted Transcript Deadline set for 5/29/2018. Release of Transcript Restriction set for 7/24/2018. (gps) [Transferred from Florida Southern on 9/26/2018.]
April 20, 2018 Opinion or Order Filing 54 ENDORSED ORDER denying #38 Motion for Temporary Stay of Merits-Discovery Pending a Ruling on Defendants' Motions to Dismiss or in the Alternative Transfer. The Motion is denied for the reasons stated by the Court on the record at the status conference on April 20, 2018. Signed by Judge Darrin P. Gayles on 4/20/2018. (hmo) [Transferred from Florida Southern on 9/26/2018.]
April 20, 2018 Filing 53 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 4/20/2018. Total time in court: 20 minutes. Attorney Appearance(s): Aaron R. Feigelson, David M. Airan, Robert Alfert, Jr., on behalf of Plaintiff; Stephen John Leahu, Ralph Joseph Gabric on behalf of Defendants. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hmo) [Transferred from Florida Southern on 9/26/2018.]
April 11, 2018 Opinion or Order Filing 52 ENDORSED ORDER Setting Status Conference: Status Conference set for 4/20/2018 at 10:30 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 4/11/2018. (hmo) [Transferred from Florida Southern on 9/26/2018.]
March 22, 2018 Filing 51 REPLY BRIEF in Support re #38 Defendant's MOTION to Stay Merits Discovery Pending A Ruling On Defendants Motions To Dismiss Or In The Altenrative Transfer filed by SYSMEX AMERICA INC., SYSMEX CORPORATION. (Leahu, Stephen) -Modified text on 3/23/2018 (gp).- [Transferred from Florida Southern on 9/26/2018.]
March 15, 2018 Filing 50 RESPONSE in Opposition re #38 Defendant's MOTION to Stay Merits Discovery Pending A Ruling On Defendants Motions To Dismiss Or In The Altenrative Transfer filed by Beckman Coulter Inc.. Replies due by 3/22/2018. (Attachments: #1 Exhibit Plaintiff's First Request for Producition of Documents to Defendants')(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
March 7, 2018 Opinion or Order Filing 49 ENDORSED ORDER granting in part Defendants' Partially Agreed Motion for Extension of Time to File Reply in Support of Defendants' Combined Motion to Dismiss or Transfer, and, in the Alternative, Motion for a Revised Briefing Schedule [ECF No. 47]. Defendants are not required to file their reply in support of their Motion to Dismiss on March 8, 2018. The Court will set a new deadline for Defendants' reply after it resolves the pending Motion to Temporarily Stay Merits-Based Discovery [ECF No. 38]. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 9/26/2018.]
March 7, 2018 Opinion or Order Filing 48 ENDORSED ORDER GRANTING Plaintiff's Agreed Motion for Enlargement of Time [ECF No. 46]. Plaintiff shall respond to the Motion to Temporarily Stay Merits-Based Discovery Pending Resolution of Defendants' Motions to Dismiss or Transfer on or before March 22, 2018. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 9/26/2018.]
March 6, 2018 Filing 47 Amended MOTION for Extension of Time To File Reply In Support Of Defendants Combined Motion To Dismiss Or Transfer, And, In The Alternative, Motion For A Revised Briefing Schedule re #45 Defendant's MOTION for Extension of Time TO FILE REPLY IN SUPPORT OF DEFENDANTS COMBINED MOTION TO DISMISS OR TRANSFER, AND, IN THE ALTERNATIVE, MOTION FOR A REVISED BRIEFING SCHEDULE by SYSMEX AMERICA INC., SYSMEX CORPORATION. Responses due by 3/20/2018 (Attachments: #1 Text of Proposed Order Granting Motion for Enlargement of Time to File Reply)(Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
March 6, 2018 Filing 46 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #38 Defendant's MOTION to Stay Merits Discovery Pending A Ruling On Defendants Motions To Dismiss Or In The Altenrative Transfer by Beckman Coulter Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
March 6, 2018 Filing 45 Defendant's MOTION for Extension of Time TO FILE REPLY IN SUPPORT OF DEFENDANTS COMBINED MOTION TO DISMISS OR TRANSFER, AND, IN THE ALTERNATIVE, MOTION FOR A REVISED BRIEFING SCHEDULE by SYSMEX AMERICA INC., SYSMEX CORPORATION. Responses due by 3/20/2018 (Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
March 1, 2018 Filing 44 RESPONSE in Opposition re #31 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , SYSMEX CORPORATION'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND DEFENDANTS' COMBINED MOTION, IN THE ALTERNATIVE, TO TRANSFER filed by Beckman Coulter Inc.. Replies due by 3/8/2018. (Attachments: #1 Exhibit Webpage containing Biography of Wallace Coulter, #2 Exhibit Declaration of Maria Lopez, #3 Exhibit C.Webpage Listing Sysmex Global Locations, #4 Exhibit Sysmex FAQ Webpage, #5 Exhibit Sysmex Press Release Announcing Leadership Promotions, #6 Exhibit Sysmex Press Release Announcing Organizational Changes, #7 Exhibit LinkedIn Profile of John Neal, #8 Exhibit LinkedIn Profile of Fusako Higashide (Bowering), #9 Exhibit LinkedIn Profile of Kohei Nango, #10 Exhibit 2017 Foreign Profit Corp. Annual Report for Sysmex, #11 Exhibit Webpage Listing Sysmex Executives, #12 Exhibit Webpage Containing Statistics on Patent Cases, #13 Exhibit Shipment Details from Sysmex, #14 Exhibit Webpage Containing Upcoming Sysmex Webinars, #15 Exhibit LinkedIn Profile of William West, #16 Exhibit About Sysmex Webpage, #17 Exhibit Sysmex Press Release on Improving Animal Hematology, #18 Exhibit LinkedIn Job Description for Sysmex Oncology Sales Manager, #19 Exhibit Sysmex Press Release on Completing Expansion of Reagents Manufacturing Facility, #20 Exhibit Summary of Sysmexs Consolidated Financial Results ending 3/31/2018, #21 Exhibit 2017 Sysmex Sustainability Report, #22 Exhibit LinkedIn Profile of Ian Rodgers, #23 Exhibit LinkedIn Profile of Junya Murakami, #24 Exhibit Patent for Analyzer and Method for Performing Measurement on Sample (Dated 4/19/2016), #25 Exhibit USPTO Search Results for sysmex corporation, #26 Exhibit Instructions for Use of Automated Hematology Analyzer/Transportation units XN Series (XN-9000))(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
February 23, 2018 Filing 43 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
February 23, 2018 Filing 42 Joint SCHEDULING REPORT - Rule 26(f) by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
February 23, 2018 Filing 41 Certificate of Interested Parties by Beckman Coulter Inc. identifying Corporate Parent Danaher Corporation for Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
February 22, 2018 Filing 40 Certificate of Interested Parties by SYSMEX AMERICA INC., SYSMEX CORPORATION identifying Other Affiliate Japan Trustee Services Bank Ltd., Other Affiliate Sumitomo Mitsui Trust Holdings, Other Affiliate Risona Bank, Other Affiliate JP Morgan Chase & Co., Inc., Other Affiliate Public Interest Incorporated Group Corporation Kobe-Yamabuki Foundation, Other Affiliate Public Interest Incorporated Group Corporation Nakatani Foundation for Advancement of Measuring Technologies in Biochemical Engineering, Other Affiliate Nakatani-Kosan LLC for SYSMEX CORPORATION (Leahu, Stephen) [Transferred from Florida Southern on 9/26/2018.]
February 22, 2018 Filing 39 Notice of Pending, Refiled, Related or Similar Actions by SYSMEX AMERICA INC., SYSMEX CORPORATION (Leahu, Stephen) [Transferred from Florida Southern on 9/26/2018.]
February 22, 2018 Filing 38 Defendant's MOTION to Stay Merits Discovery Pending A Ruling On Defendants Motions To Dismiss Or In The Altenrative Transfer by SYSMEX AMERICA INC., SYSMEX CORPORATION. Responses due by 3/8/2018 (Leahu, Stephen) [Transferred from Florida Southern on 9/26/2018.]
February 14, 2018 Set Deadlines Per DE#37. Responses due by 3/1/2018 (cqs) [Transferred from Florida Southern on 9/26/2018.]
February 13, 2018 Opinion or Order Filing 37 ENDORSED ORDER granting #36 Plaintiff's Agreed Revised Motion for Enlargement of Time. On or before March 1, 2018, Plaintiff shall respond to #31 Defendants' Combined Motion to Dismiss for Failure to State a Claim, Sysmex Corporation's Motion to Dismiss for Lack of Personal Jurisdiction, and Defendants' Combined Motion, in the Alternative, to Transfer. Signed by Judge Darrin P. Gayles on 2/13/2018. (hmo) [Transferred from Florida Southern on 9/26/2018.]
February 13, 2018 Filing 36 MOTION for Extension of Time to File Response/Reply/Answer as to #31 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , SYSMEX CORPORATION'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND DEFENDANTS' COMBINED MOTION, IN THE ALTERNATIVE, TO TRANSFER by Beckman Coulter Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
February 13, 2018 Opinion or Order Filing 35 ENDORSED ORDER granting #34 Plaintiff's Agreed Motion for Enlargement of Time. On or before February 26, 2018, Plaintiff shall respond to #31 Defendants' Combined Motion to Dismiss for Failure to State a Claim, Sysmex Corporation's Motion to Dismiss for Lack of Personal Jurisdiction, and Defendants' Combined Motion, in the Alternative, to Transfer. Signed by Judge Darrin P. Gayles on 2/13/2018. (hmo) [Transferred from Florida Southern on 9/26/2018.]
February 12, 2018 Filing 34 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #31 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , SYSMEX CORPORATION'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND DEFENDANTS' COMBINED MOTION, IN THE ALTERNATIVE, TO TRANSFER by Beckman Coulter Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
February 8, 2018 Filing 33 NOTICE of Attorney Appearance by Stephen John Leahu on behalf of SYSMEX AMERICA INC., SYSMEX CORPORATION. Attorney Stephen John Leahu added to party SYSMEX AMERICA INC.(pty:dft), Attorney Stephen John Leahu added to party SYSMEX CORPORATION(pty:dft). (Leahu, Stephen) [Transferred from Florida Southern on 9/26/2018.]
February 5, 2018 Opinion or Order Filing 32 ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before February 23, 2018, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 2/5/2018. (hmo) [Transferred from Florida Southern on 9/26/2018.]
February 1, 2018 Filing 31 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , SYSMEX CORPORATION'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND DEFENDANTS' COMBINED MOTION, IN THE ALTERNATIVE, TO TRANSFER by SYSMEX AMERICA INC., SYSMEX CORPORATION. Responses due by 2/15/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
December 1, 2017 Filing 30 Corporate Disclosure Statement by SYSMEX AMERICA INC., SYSMEX CORPORATION (Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
November 30, 2017 Filing 29 WAIVER OF SERVICE Returned Executed by Beckman Coulter Inc.. SYSMEX CORPORATION waiver sent on 11/30/2017, answer due 2/28/2018. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 29, 2017 Filing 28 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by SYSMEX AMERICA INC., SYSMEX CORPORATION (Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Opinion or Order Filing 27 ENDORSED ORDER granting #25 Sysmex America, Inc.'s Unopposed Motion for Extension of Time to Answer or Otherwise Plead. Defendant Sysmex America, Inc. shall respond to the Complaint on or before February 1, 2018. Signed by Judge Darrin P. Gayles on 11/28/2017. (hmo) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Opinion or Order Filing 26 ENDORSED ORDER granting #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Ralph J. Gabric is permitted to appear before this Court on behalf of Defendants Sysmex America, Inc. and Sysmex Corporation for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Gabric at rgabric@brinksgilson.com. Signed by Judge Darrin P. Gayles on 11/28/2017. (hmo) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by SYSMEX AMERICA INC., SYSMEX CORPORATION. (Attachments: #1 Text of Proposed Order)(Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Filing 24 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ralph J. Gabric. Filing Fee $ 75.00 Receipt # 113C-10218222 by SYSMEX AMERICA INC., SYSMEX CORPORATION. Responses due by 12/12/2017 (Attachments: #1 Certification, #2 Text of Proposed Order)(Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Filing 23 NOTICE of Attorney Appearance by Alejandro J Fernandez on behalf of SYSMEX AMERICA INC., SYSMEX CORPORATION. Attorney Alejandro J Fernandez added to party SYSMEX AMERICA INC.(pty:dft), Attorney Alejandro J Fernandez added to party SYSMEX CORPORATION(pty:dft). (Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Filing 22 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Filing 21 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Filing 20 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Filing 19 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Opinion or Order Filing 18 ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Nicole E. Kopinski is permitted to appear before this Court on behalf of Plaintiff Beckman Coulter, Inc. for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Ms. Kopinski at nkopinski@leydig.com. Signed by Judge Darrin P. Gayles on 11/28/2017. (hmo) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Opinion or Order Filing 17 ENDORSED ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Wesley O. Mueller is permitted to appear before this Court on behalf of Plaintiff Beckman Coulter, Inc. for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Mueller at wmueller@leydig.com. Signed by Judge Darrin P. Gayles on 11/28/2017. (hmo) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Opinion or Order Filing 16 ENDORSED ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. David M. Airan is permitted to appear before this Court on behalf of Plaintiff Beckman Coulter, Inc. for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Airan at dairan@leydig.com. Signed by Judge Darrin P. Gayles on 11/28/2017. (hmo) [Transferred from Florida Southern on 9/26/2018.]
November 28, 2017 Opinion or Order Filing 15 ENDORSED ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Aaron R. Feigelson is permitted to appear before this Court on behalf of Plaintiff Beckman Coulter, Inc. for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Feigelson at arf@leydig.com. Signed by Judge Darrin P. Gayles on 11/28/2017. (hmo) [Transferred from Florida Southern on 9/26/2018.]
November 27, 2017 Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicole E. Kopinski. Filing Fee $ 75.00 Receipt # 113C-10214723 by Beckman Coulter Inc.. Responses due by 12/11/2017 (Attachments: #1 Certification, #2 Text of Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 27, 2017 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Wesley O. Mueller. Filing Fee $ 75.00 Receipt # 113C-10214707 by Beckman Coulter Inc.. Responses due by 12/11/2017 (Attachments: #1 Certification, #2 Text of Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 27, 2017 Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David M. Airan. Filing Fee $ 75.00 Receipt # 113C-10214690 by Beckman Coulter Inc.. Responses due by 12/11/2017 (Attachments: #1 Certification, #2 Text of Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 27, 2017 Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aaron R. Feigelson. Filing Fee $ 75.00 Receipt # 113C-10214657 by Beckman Coulter Inc.. Responses due by 12/11/2017 (Attachments: #1 Certification, #2 Text of Proposed Order)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 14, 2017 Filing 10 Clerks Notice to Filer re #9 Summons Returned Executed. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (rms1) [Transferred from Florida Southern on 9/26/2018.]
November 14, 2017 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Beckman Coulter Inc.. SYSMEX AMERICA INC. served on 11/9/2017, answer due 11/30/2017. (Alfert, Robert) Modified on 11/14/2017 to reflect Correct Served Party(rms1). [Transferred from Florida Southern on 9/26/2018.]
November 8, 2017 Filing 8 Summons Issued as to SYSMEX AMERICA INC., SYSMEX CORPORATION. (rms1) [Transferred from Florida Southern on 9/26/2018.]
November 8, 2017 Filing 7 NOTICE of Filing Proposed Summons(es) Sysmex Corporation by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 8, 2017 Filing 6 NOTICE of Filing Proposed Summons(es) to Sysmex America, Inc. by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 3, 2017 Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 11/3/2017. (hmo) [Transferred from Florida Southern on 9/26/2018.]
November 3, 2017 Filing 4 Corporate Disclosure Statement by Beckman Coulter Inc. identifying Corporate Parent Danaher Corporation for Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]
November 3, 2017 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (lan) [Transferred from Florida Southern on 9/26/2018.]
November 3, 2017 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (lan) [Transferred from Florida Southern on 9/26/2018.]
November 3, 2017 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT against All Defendants. Filing fees $ 400.00 receipt number 113C-10162736, filed by Beckman Coulter Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.]

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Search for this case: Beckman Coulter Inc. v. Sysmex America Inc. et al
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Plaintiff: Beckman Coulter, Inc.
Represented By: Wesley O. Mueller
Represented By: Nicole E. Kopinski
Represented By: Aaron R. Feigelson
Represented By: David M. Airan
Represented By: Robert Alfert, Jr.
Represented By: Aaron Ross Feigelson
Represented By: Wesley Otto Mueller
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Defendant: Sysmex Corporation
Represented By: Alejandro J Fernandez
Represented By: Ralph Joseph Gabric
Represented By: Stephen John Leahu
Represented By: Sen Wang
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Defendant: Sysmex America, Inc.
Represented By: Alejandro J Fernandez
Represented By: Ralph Joseph Gabric
Represented By: Stephen John Leahu
Represented By: Sen Wang
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