Beckman Coulter Inc. v. Sysmex America Inc. et al
Beckman Coulter, Inc. |
Sysmex Corporation and Sysmex America, Inc. |
1:2018cv06563 |
September 26, 2018 |
US District Court for the Northern District of Illinois |
Robert M Dow |
John Z Lee |
Patent |
28 U.S.C. § 1338 |
Both |
Docket Report
This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.
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Filing 83 ATTORNEY Appearance for Defendants Sysmex America, Inc., Sysmex Corporation by Sen Wang (Wang, Sen) |
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Filing 79 STATUS Report (Joint, per ECF Dkt No 78) by Beckman Coulter, Inc. (Feigelson, Aaron) |
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, ) |
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, ) |
Filing 76 ANSWER to Complaint with Jury Demand by Sysmex Corporation(Gabric, Ralph) |
Filing 75 ANSWER to Complaint with Jury Demand by Sysmex America, Inc.(Gabric, Ralph) |
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, ) |
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, ) |
Filing 72 STATUS Report (Joint, per ECF Dkt No 71) by Beckman Coulter, Inc. (Feigelson, Aaron) |
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, ) |
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, ) |
Filing 69 MAILED Rule 83.15 letter to all counsel of record. (mma, ) |
Filing 68 RECEIVED from Florida Southern; Case Number 1:17-cv-24049 (mma) |
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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.] |
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.] |
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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.] |
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Filing 60 Joint SCHEDULING REPORT - Rule 16.1 by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.] |
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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.] |
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.] |
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.] |
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.] |
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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.] |
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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.] |
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.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
Filing 42 Joint SCHEDULING REPORT - Rule 26(f) by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.] |
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.] |
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.] |
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.] |
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.] |
Set Deadlines Per DE#37. Responses due by 3/1/2018 (cqs) [Transferred from Florida Southern on 9/26/2018.] |
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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.] |
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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.] |
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.] |
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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.] |
Filing 30 Corporate Disclosure Statement by SYSMEX AMERICA INC., SYSMEX CORPORATION (Fernandez, Alejandro) [Transferred from Florida Southern on 9/26/2018.] |
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.] |
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.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
Filing 8 Summons Issued as to SYSMEX AMERICA INC., SYSMEX CORPORATION. (rms1) [Transferred from Florida Southern on 9/26/2018.] |
Filing 7 NOTICE of Filing Proposed Summons(es) Sysmex Corporation by Beckman Coulter Inc. (Alfert, Robert) [Transferred from Florida Southern on 9/26/2018.] |
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.] |
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.] |
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.] |
Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (lan) [Transferred from Florida Southern on 9/26/2018.] |
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.] |
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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