Evolve BioSystems, Inc. et al v. Abbott Laboratories
| Evolve BioSystems, Inc. and Regents of the University of California |
| Abbott Laboratories |
| 1:2019cv05859 |
| August 30, 2019 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Heather K McShain |
| Patent |
| 35:271 |
| Both |
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Filing 137
ORDER : Plaintiffs Evolve Biosystems, Inc. ("Evolve") and the Regents of the University of California ("the University") have sued Defendant Abbott Laboratories ("Abbott") under 35 U.S.C. 271(a)(c) for inducement, contributory infringement, and direct infringement of U.S. Patent Nos. 8,197,872 ("'872 patent") and 9,200,091 ("'091 patent"). Abbott has moved to dismiss the complaint. For the reasons provided below, the motion #32 is denied. Signed by the Honorable John Z. Lee on 11/16/20. [For further details see order].Mailed notice(ca, )
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| Filing 136 MINUTE entry before the Honorable John Z. Lee:Defendant's motion to seal exhibits #121 #130 are granted, and Defendant is reminded that all motions should indicate whether or not they are opposed.Mailed notice (ca, ) |
| Filing 135 MINUTE entry before the Honorable John Z. Lee: The Court has reviewed the joint status report and Plaintiffs' motion for miscellaneous relief #132 , and the motion is stricken as moot. The Court prefers that Defendant's motion to strike Plaintiffs' final infringement contentions be briefed separately from Plaintiffs' motion to strike Defendant's final invalidity contentions. The Court will issue rulings on both motions simultaneously. Plaintiffs' response to Defendant's motion to strike Plaintiffs' final infringement contentions #117 is due December 21, 2020. Defendant's reply is due January 25, 2021. Plaintiffs' motion to strike Defendant's final invalidity contentions is due December 21, 2020. No notice of motion shall be filed. Defendant's response to Plaintiffs' motion to strike Defendant's final invalidity contentions is due January 25, 2021. Plaintiffs' reply in support of their motion is due February 19, 2021. All briefs listed in these briefing schedules are limited to 13 pages. The parties are instructed to continue working together to reach stipulations regarding contentions, discovery, and briefing schedules whenever possible in order to avoid unnecessarily involving the limited judicial resources of the Court. If the parties envision that amended motions to strike will be filed after claim construction has concluded, then the parties should consider holding off on motion practice regarding final infringement contentions and final invalidity contentions until that time. Mailed notice (ca, ) |
| Filing 134 MINUTE entry before the Honorable John Z. Lee:Status hearing set for 12/2/20 at 9:15 a.m., to set a claim construction hearing. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice (ca, ) |
| Filing 133 NOTICE of Motion by Matthew Alan Chivvis for presentment of motion for miscellaneous relief, #132 before Honorable John Z. Lee on 11/16/2020 at 09:00 AM. (Chivvis, Matthew) |
| Filing 132 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California(MOTION TO SET BRIEFING SCHEDULE FOR ABBOTT'S MOTION TO STRIKE PLAINTIFFS' INFRINGEMENT CONTENTIONS AND FOR PLAINTIFFS' CROSS-MOTION ON ABBOTT'S INVALIDITY CONTENTIONS) (Chivvis, Matthew) |
| Filing 131 STATUS Report (JOINT STATUS REPORT) by Evolve BioSystems, Inc., Regents of the University of California (Chivvis, Matthew) |
| Filing 130 MOTION by Defendant Abbott Laboratories to seal document exhibit #129 (Wickramasekera, Nimalka) |
| Filing 129 SEALED EXHIBIT by Defendant Abbott Laboratories regarding response in opposition to motion, #128 (Wickramasekera, Nimalka) |
| Filing 128 RESPONSE by Abbott Laboratoriesin Opposition to MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to compel (MOTION TO COMPEL PRODUCTION OF PATENT LIST) #113 (Attachments: #1 Declaration of Dan H. Hoang in Support of Abbott Laboratories' Opposition to Plaintiffs' Motion to Compel Production of Patent List)(Wickramasekera, Nimalka) |
| Filing 127 MINUTE entry before the Honorable John Z. Lee:Motion for leave to file under seal brief and exhibits #125 is granted. Mailed notice (ca, ) |
| Filing 126 NOTICE of Motion by Matthew Alan Chivvis for presentment of motion to seal document #125 before Honorable John Z. Lee on 11/12/2020 at 09:00 AM. (Chivvis, Matthew) |
| Filing 125 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to seal document sealed response,, #124 (MOTION FOR LEAVE TO FILE UNDER SEAL) (Chivvis, Matthew) |
| Filing 124 SEALED RESPONSE by Evolve BioSystems, Inc., Regents of the University of California to other #102 (RESPONSIVE CLAIM CONSTRUCTION BRIEF INCLUDING ALL EXHIBITS TO DECLARATION) (Attachments: #1 Declaration (DECLARATION OF MATTHEW A. CHIVVIS IN SUPPORT), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O)(Chivvis, Matthew) |
| Filing 123 RESPONSE by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California (RESPONSIVE CLAIM CONSTRUCTION BRIEF) (Attachments: #1 Declaration (DECLARATION OF MATTHEW A. CHIVVIS IN SUPPORT), #2 Exhibit A, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit N, #12 Exhibit O)(Chivvis, Matthew) |
| Filing 122 NOTICE of Motion by Nimalka Ratnavali Wickramasekera for presentment of motion to seal #121 before Honorable John Z. Lee on 11/16/2020 at 09:15 AM. (Wickramasekera, Nimalka) |
| Filing 121 MOTION by Defendant Abbott Laboratories to seal Exhibits to Abbott Laboratories' Motion to Strike Final Infringement Contentions (Wickramasekera, Nimalka) |
| Filing 120 NOTICE of Motion by Nimalka Ratnavali Wickramasekera for presentment of motion to strike #117 before Honorable John Z. Lee on 11/16/2020 at 09:15 AM. (Wickramasekera, Nimalka) |
| Filing 119 SEALED EXHIBIT by Defendant Abbott Laboratories Exhibits 1, 7, 8,10 and 12 regarding memorandum in support of motion #118 (Wickramasekera, Nimalka) |
| Filing 118 MEMORANDUM by Abbott Laboratories in support of motion to strike #117 (Attachments: #1 Declaration of Dan H. Hoang in Support of Abbott Laboratories' Motion to Strike Final Infringement Contentions)(Wickramasekera, Nimalka) |
| Filing 117 MOTION by Defendant Abbott Laboratories to strike Final Infringement Contentions (Wickramasekera, Nimalka) |
| Filing 116 MINUTE entry before the Honorable Heather K. McShain: Plaintiffs' Motion for Leave to File Under Seal Evolve BioSystems, Inc. and the Regents of the University of California's Motion to Compel Production of Patent List #115 is granted. Plaintiffs' Motion to Compel #113 is entered and continued. Defendant's response due 11/10/2020. Plaintiffs' reply, if any, due 11/17/2020. Upon review of Plaintiffs' fully briefed motion, the Court will decide whether it can rule on the papers or will require a telephonic motion hearing to hear from the parties. Mailed notice. (pk, ) |
| Filing 115 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to seal document sealed document, #114 (MOTION FOR LEAVE TO FILE UNDER SEAL) (Chivvis, Matthew) |
| Filing 114 SEALED DOCUMENT by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California (MOTION TO COMPEL PRODUCTION OF PATENT LIST) (Attachments: #1 Declaration (DECLARATION OF MATTHEW A. CHIVVIS IN SUPPORT, INCLUDING EXHIBITS 1-5 THERETO))(Chivvis, Matthew) |
| Filing 113 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to compel (MOTION TO COMPEL PRODUCTION OF PATENT LIST) (Attachments: #1 Declaration (DECLARATION OF MATTHEW A. CHIVVIS IN SUPPORT, INCLUDING EXHIBIT 4 and PLACEHOLDERS FOR EXHIBITS 1-3, 5))(Chivvis, Matthew) |
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Filing 112
ORDER. Signed by the Honorable Heather K. McShain on 10/23/2020. Mailed notice. (pk, )
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| Filing 111 MINUTE entry before the Honorable Heather K. McShain: Plaintiffs' motion to compel production of two unredacted documents #80 is denied. Enter Order. Mailed notice. (pk, ) |
| Filing 110 JOINT Stipulation and Order concerning agreed-upon claim term Signed by the Honorable John Z. Lee on 10/13/20. Mailed notice(ca, ) |
| Filing 109 MINUTE entry before the Honorable John Z. Lee:Motion for leave to file exhibit 24 under seal #104 is granted. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 108 MINUTE entry before the Honorable Heather K. McShain: Minute entry #107 is amended to include call in information as follows, members of the public and media will be able to call in to listen to this hearing. To participate in the telephonic motion hearing, the dial-in number is 888-684-8852, followed by access code 8623687#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (pk, ) |
| Filing 107 MINUTE entry before the Honorable Heather K. McShain: Motion hearing on plaintiff's motion to compel #80 is set for 10/15/2020 at 3pm. Mailed notice. (pk, ) |
| Filing 106 DECLARATION of Dan Hoang regarding other #102 (Attachments: #1 Exhibit 5-13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16-19, #5 Exhibit 20-21, #6 Exhibit 22-26, #7 Exhibit 27)(Hoang, Dan) |
| Filing 105 Defendant's NOTICE of Motion by Nimalka Ratnavali Wickramasekera for presentment of motion to seal document #104 before Honorable John Z. Lee on 10/19/2020 at 09:15 AM. (Wickramasekera, Nimalka) |
| Filing 104 MOTION by Defendant Abbott Laboratories to seal document sealed document #103 Exhibit 24 (Wickramasekera, Nimalka) |
| Filing 103 SEALED DOCUMENT by Defendant Abbott Laboratories Exhibit 24 (Wickramasekera, Nimalka) |
| Filing 102 Opening Claim Construction Brief by Abbott Laboratories (Attachments: #1 Declaration of Roger A. Clemens)(Wickramasekera, Nimalka) |
| Filing 101 STIPULATION (Joint Stipulation and Order Concerning Agreed-Upon Claim Term) (Wickramasekera, Nimalka) |
| Filing 100 APPENDIX (Joint Appendix Pursuant to Local Patent Rule 4.2(B)) (Attachments: #1 Exhibit 1-3, #2 Exhibit 4)(Wickramasekera, Nimalka) |
| Filing 98 MINUTE entry before the Honorable Heather K. McShain: On review of the parties' briefs concerning the plaintiff's motion to compel #80 , the Court orders Abbott Laboratories to file under seal and ex parte unredacted copies of the two documents at issue in the pending motion, ABT PROB-002069 and ABT PROB-001498, on or before 09/30/2020. Mailed notice. (pk, ) |
| Filing 97 MINUTE entry before the Honorable Heather K. McShain: Plaintiffs' Motion for Leave To File Under Seal Plaintiffs' Reply In Support Of Its Motion To Compel Production Of Two Unredacted Documents #96 is granted. The Court notes that the sealed reply was filed on 09/01/2020 #95 . Mailed notice. (pk, ) |
| Filing 96 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to seal document reply #95 (MOTION FOR LEAVE TO FILE UNDER SEAL) (Chivvis, Matthew) |
| Filing 95 SEALED REPLY by Evolve BioSystems, Inc., Regents of the University of California to reply #94 (Chivvis, Matthew) |
| Filing 94 REPLY by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to motion to compel, #80 (REPLY IN SUPPORT OF MOTION TO COMPEL PRODUCTION OF TWO UNREDACTED DOCUMENTS) (Chivvis, Matthew) |
| Filing 93 MINUTE entry before the Honorable Heather K. McShain: Defendant Abbott Laboratories' Motion for Leave to File Under Seal Defendant's Opposition to Motion to Compel Production of Two Unredacted Documents #89 is granted. The Court notes that the sealed memorandum and exhibits were filed on 08/18/2020 #91 . Mailed notice. (pk, ) |
| Filing 92 MINUTE entry before the Honorable John Z. Lee:The Court referred general discovery supervision to Magistrate Judge Schenkier, the previously assigned magistrate judge #52 . Accordingly, the Court notes that general discovery supervision remains referred to currently-assigned Magistrate Judge Heather K. McShain. Mailed notice (ca, ) |
| Filing 91 SEALED RESPONSE by Abbott Laboratories to MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to compel (MOTION TO COMPEL PRODUCTION OF TWO UNREDACTED DOCUMENTS) #80 (Attachments: #1 Declaration of Mark Engle, #2 Declaration of Dan Hoang with Exhibits 1-2)(Wickramasekera, Nimalka) |
| Filing 90 MEMORANDUM by Abbott Laboratories in Opposition to motion to compel, #80 (Public Redacted Version) (Attachments: #1 Declaration of Mark Engle, #2 Declaration of Dan Hoang with Exhibits 1-2)(Wickramasekera, Nimalka) |
| Filing 89 MOTION by Defendant Abbott Laboratories for leave to file Under Seal Defendant's Opposition to Motion to Compel Production of Two Unredacted Documents (Wickramasekera, Nimalka) |
| Filing 88 MINUTE entry before the Honorable John Z. Lee: Plaintiff's Responsive Claim Construction Brief 11/6/20; Defendant's Reply Claim Construction Brief 11/20/20; The Parties' Joint Claim Construction Chart 12/4/20.The claim construction hearing set for 9/15/20 is stricken.Mailed notice (ca, ) |
| Filing 87 MINUTE entry before the Honorable John Z. Lee: The Court enters the following schedule as proposed by the parties. Plaintiffs' List of Asserted Claims 6/23/20; Plaintiffs' Final Infringement Contentions 7/10/20; Defendant's Final Unenforceability and Invalidity Contentions 7/10/20; Defendant's Final Non Infringement Contentions 8/14/20; Plaintiffs' Final Enforceability and Validity Contentions 8/14/20; Parties Exchange Lists of Claim Terms and Proposed Constructions 09/4/20; NonDeposition Fact Discovery Closes 9/25/20; Defendant's Opening Claim Construction Brief 10/9/20. To the extent that Defendant disputes the sufficiency of Plaintiffs' Final Infringement Contentions, Defendant should file an appropriate motion with the Court. The Court orders the parties to file a joint written status report by 11/10/20. The report, which shall be as concise as possible, shall set forth: (1) the current deadlines imposed by the Court and whether the matter has been referred to the Magistrate Judge in any fashion (e.g., for discovery supervision; for resolution of a motion; for settlement; etc.); (2) the progress of discovery, if discovery is ongoing; (3) the status of briefing on unresolved motions, if any; (4) whether the parties have engaged or are engaging in settlement discussions and the status of those discussions; (5) for cases without any future court dates, an agreed proposed schedule; (6) for cases that have future court dates and if the parties believe there is good cause to extend the current deadlines, a proposed amended schedule and the basis for the request; (7) a request for any agreed action that the Court can take without a hearing; (8) and whether the parties believe a telephonic hearing or in-person hearing is necessary within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties' respective positions. Mailed notice (ca, ) |
| Filing 86 STATUS Report (JOINT STATUS REPORT ON DISCOVERY) by Evolve BioSystems, Inc., Regents of the University of California (Chivvis, Matthew) |
| Filing 85 MINUTE entry before the Honorable Heather K. McShain: The case has been referred #84 to this Court for ruling on plaintiffs' motion to seal #82 and motion to compel #80 . Plaintiffs' Motion for Leave to File Under Seal Memorandum in Support of Plaintiffs' Motion to Compel Two Unredacted Documents and Exhibits 1-9 To the Declaration of Matthew A. Chivvis, And References Thereto, In Support of Evolve Biosystems, Inc. and the Regents of The University of California's Motion to Compel #82 is granted. The Court notes that the sealed memorandum and exhibits were filed on 07/20/2020 #81 . Evolve Biosystems, Inc. and the Regents of The University of California's Motion to Compel Production of Two Unredacted Documents #80 is entered and continued. Defendant's response due 08/18/2020. Plaintiffs' reply, if any, due 09/01/2020. Upon review of plaintiffs' fully briefed motion, the Court will decide whether it can rule on the papers or will require a telephonic motion hearing to hear from the parties. Mailed notice. (pk, ) |
| Filing 84 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: motion to seal document #82 and motion to compel #80 .(ca, )Mailed notice. |
| Filing 83 MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion to compel #80 ad motion to file under seal #82 are referred to Magistrate Judge McShain. Mailed notice (ca, ) |
| Filing 82 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to seal document sealed document, #81 (Chivvis, Matthew) |
| Filing 81 SEALED DOCUMENT by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California (MEMORANDUM IN SUPPORT OF MOTION TO COMPEL PRODUCTION OF TWO UNREDACTED DOCUMENTS -- SEALED) (Attachments: #1 DECLARATION OF MATTHEW A. CHIVVIS IN SUPPORT AND EXHIBITS 1-9 -- SEALED)(Chivvis, Matthew) |
| Filing 80 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to compel (MOTION TO COMPEL PRODUCTION OF TWO UNREDACTED DOCUMENTS) (Attachments: #1 MEMORANDUM IN SUPPORT -- PUBLIC/REDACTED, #2 DECLARATION OF MATTHEW A. CHIVVIS IN SUPPORT AND EXHIBITS 1-9 -- PUBLIC/REDACTED)(Chivvis, Matthew) |
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Filing 79
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket)
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| Filing 78 MINUTE entry before the Honorable John Z. Lee:The parties shall file a joint written report to Judge Lee on 8/6/20, addressing the status of discovery.Mailed notice (ca, ) |
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Filing 77
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, )
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| Filing 75 STATUS Report (JOINT STATUS REPORT) by Evolve BioSystems, Inc., Regents of the University of California (Chivvis, Matthew) |
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Filing 76
ORDER: (GENERAL ORDER 20-0018) It appearing that Heather K. McShain has entered on duty as a Magistrate Judge for the Northern District of Illinois, with a duty station in Chicago, Illinois, effective May 1, 2020; therefore It is hereby ordered pursuant to Local Rule 72.1 that Magistrate Judge McShain is to become the designated magistrate judge in any pending civil or criminal cases where Magistrate Judge Sidney I. Schenkier was the designated magistrate judge as of April 30, 2020; and It is further ordered pursuant to Internal Operating Procedure 17, the attached list of civil cases where the parties previously consented to proceed before Magistrate Judge Schenkier are hereby reassigned to Magistrate Judge McShain; and It is further ordered that the attached list of civil referral cases pending before Magistrate Judge Schenkier are hereby transferred to Magistrate Judge McShain; and It is further ordered that, unless otherwise ordered by Magistrate Judge McShain, all hearing dates, deadlines, and schedules set by Magistrate Judge Schenkier in the attached list of cases are to remain in effect. Signed by the Honorable Rebecca R. Pallmeyer on 4/29/2020. mailed notice(tg, )
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Filing 74
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, )
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| Filing 73 MINUTE entry before the Honorable John Z. Lee:Pursuant to the Second Amended General Order 20-0012, In re: Coronovirus COVID-19 Public Emergency (dated Mar. 30, 2020), the status hearing set for 4/29/20 is hereby stricken. The Court will issue an order scheduling a status hearing at a future date. Mailed notice (ca, ) |
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Filing 72
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, )
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| Filing 71 NOTICE by Charles Bennett Klein of Change of Address (Klein, Charles) |
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Filing 70
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, )
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Filing 69
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, )
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| Filing 68 MINUTE entry before the Honorable John Z. Lee:In light of the proceedings before the Magistrate Judge, the status hearing set for 3/4/20 is reset to 4/29/20 at 9:00 a.m.Mailed notice (ca, ) |
| Filing 67 MINUTE entry before the Honorable Sidney I. Schenkier: The Court has reviewed the parties' joint report on ESI protocol (doc. #66 ), which reflects substantial work and progress in moving forward on discovery of ESI. As a result, and at the request of the parties, we strike the status hearing set for 02/27/20 and RESET it to 03/31/20 at 9:00 a.m. Mailed notice. (dal, ) |
| Filing 66 STATUS Report (JOINT REPORT ON ESI PROTOCOL) by Evolve BioSystems, Inc., Regents of the University of California (Chivvis, Matthew) |
| Filing 65 MINUTE entry before the Honorable Sidney I. Schenkier: Parties' joint agreed motion for modification of the Court's order requiring in person meet and confer conferences (doc. #63 ) is granted; no appearance on the motion is required. In lieu of in person meet and confer conferences, the parties may conduct those conferences by videoconference in the presence of a court reporter. Mailed notice. (dal, ) |
| Filing 64 NOTICE of Motion by Matthew Alan Chivvis for presentment of motion for miscellaneous relief, #63 before Honorable Sidney I. Schenkier on 2/25/2020 at 08:30 AM. (Chivvis, Matthew) |
| Filing 63 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California (JOINT AGREED MOTION FOR MODIFICATION OF THE COURT'S ORDER REQUIRING IN-PERSON MEET AND CONFERS (DKT. 60) TO ALLOW FOR VIDEOCONFERENCING) (Chivvis, Matthew) |
| Filing 62 MINUTE entry before the Honorable Sidney I. Schenkier: We have reviewed the parties' joint status report concerning plaintiffs' discovery requests (doc. #61 ). We applaud the parties on reaching agreements to resolve their disputes over those requests. Pursuant to the parties agreement as reflected in the report and as narrowed by the agreements reached, by 03/13/20 defendant shall produce documents in response to Requests for Production Nos. 3, 5, 12-14, 18, 20, 22, and 35-36 and responses to Interrogatories Nos. 1-2 and 4-9. Plaintiffs' motion to compel (doc. #46 ) is denied as moot and plaintiffs' motion to file under seal (doc. #49 ) is granted. We direct the parties to meet and confer about an ESI search protocol, and by 5:00 p.m. on 02/24/20, file a joint report setting forth their agreements, any areas of disagreement, and for each area of disagreement each side's respective position. The matter is set for a status hearing with the magistrate judge on 02/27/20 at 9:00 a.m. Mailed notice. (dal, ) |
| Filing 61 STATUS Report (JOINT STATUS REPORT REGARDING PLAINTIFFS' DISCOVERY REQUESTS) by Evolve BioSystems, Inc., Regents of the University of California (Chivvis, Matthew) |
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Filing 60
ORDER signed by the Honorable Sidney I. Schenkier on 2/12/2020. Mailed notice. (dal, )
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| Filing 59 MINUTE entry before the Honorable Sidney I. Schenkier: ENTER ORDER. In view of the parties' 02/10/20 Joint Statement (doc. #58 ), we enter an order setting forth our determination of the Accused Products in the case and establishing a procedure for future meet and confer sessions that the parties conduct. Mailed notice. (dal, ) |
| Filing 58 Listing of Accused Products by Evolve BioSystems, Inc., Regents of the University of California (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Chivvis, Matthew) |
| Filing 57 MINUTE entry before the Honorable Sidney I. Schenkier: Status and motion hearings held. The Court enters and continues Plaintiffs' motion to compel production of documents and information (doc. #46 ). By 02/10/20, the parties will meet and confer regarding the accused products and submit to the Court in writing a list of the agreed products. In the case of any disagreements on accused products, the parties will identify each product and the basis for each side's position. By 02/12/20, the parties will meet and confer regarding specific discovery requests in the motion to compel, focusing on the technical/manufacturing information and inventor information discussed in open court, and shall file a joint status report listing any disputed requests which remain with each side's position on each disputed request. With respect to any information that the defense agrees to produce pursuant to the foregoing meet and confer sessions, the parties shall include in their submissions proposed deadlines for production. No further briefs on the motion to compel will be submitted. By 02/21/20, defendant will produce documents they already have agreed to produce pursuant to discovery requests. In its ruling on any disputes that arise from the meet and confer sessions, the Court will include a timeline for the parties to meet and confer to reach agreement on an ESI search protocol The Court will set a further status as necessary after reviewing the parties' submissions. Mailed notice. (dal, ) |
| Filing 56 MEMORANDUM (PUBLIC VERSION OF PREVIOUSLY SEALED MEMORANDUM IN SUPPORT OF MOTION TO COMPEL AND PREVIOUSLY SEALED EXHIBITS, ECF NO. 48) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 5, #5 Exhibit 6 (redacted), #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 14)(Chivvis, Matthew) |
| Filing 55 MINUTE entry before the Honorable Sidney I. Schenkier: The case has been referred to this Court (doc. #52 ). The motion hearings on plaintiffs' motion for leave to file under seal (doc. #49 ) and plaintiffs' motion to compel (doc. #46 ) noticed for 02/04/20 are stricken. The matter is set for a status hearing with the magistrate judge on 02/05/20 at 8:30 a.m. Mailed notice. (dal, ) |
| Filing 54 NOTICE of Motion by Matthew Alan Chivvis for presentment of motion to seal document #49 before Honorable Sidney I. Schenkier on 2/4/2020 at 08:30 AM. (Chivvis, Matthew) |
| Filing 53 NOTICE of Motion by Matthew Alan Chivvis for presentment of motion to compel,, #46 before Honorable Sidney I. Schenkier on 2/4/2020 at 08:30 AM. (Chivvis, Matthew) |
| Filing 52 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sidney I. Schenkier for the purpose of holding proceedings related to: General discovery supervision and motion to seal document #49 motion to compel #46 .(ca, ). Mailed notice. |
| Filing 51 MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion to compel #46 and motion for leave to file under seal #49 are referred to Magistrate Judge Schenkier; including general discovery supervision. No appearance is required on the motions. Mailed notice (ca, ) |
| Filing 50 NOTICE of Motion by Matthew Alan Chivvis for presentment of motion to seal document #49 before Honorable John Z. Lee on 1/30/2020 at 09:00 AM. (Chivvis, Matthew) |
| Filing 49 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to seal document sealed document, #48 (Chivvis, Matthew) |
| Filing 48 SEALED DOCUMENT by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California (MEMORANDUM IN SUPPORT OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INFORMATION) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 14)(Chivvis, Matthew) |
| Filing 47 NOTICE of Motion by Matthew Alan Chivvis for presentment of motion to compel,, #46 before Honorable John Z. Lee on 1/30/2020 at 09:00 AM. (Chivvis, Matthew) |
| Filing 46 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to compel (MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INFORMATION) (Attachments: #1 Memorandum in Support of Motion to Compel (public placeholder), #2 Declaration of Matthew Chivvis in Support of Motion to Compel, #3 Exhibit 4, #4 Exhibit 10, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 15, #9 Exhibit s 1-3, 5-9- 14 (public placeholders))(Chivvis, Matthew) |
| Filing 45 STIPULATED Protective Order Signed by the Honorable John Z. Lee on 1/13/20.Mailed notice(ca, ) |
| Filing 44 MINUTE entry before the Honorable John Z. Lee:Joint agreed motion for entry of a stipulated protective order #41 is granted. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 43 REPLY by Abbott Laboratories to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Abbott Laboratories #32 (Wickramasekera, Nimalka) |
| Filing 42 (JOINT AGREED MOTION) NOTICE of Motion by Matthew Alan Chivvis for presentment of motion for protective order, #41 before Honorable John Z. Lee on 1/15/2020 at 09:00 AM. (Chivvis, Matthew) |
| Filing 41 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California for protective order (JOINT AGREED MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER) (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order (redline comparing proposed order to Court's model order))(Chivvis, Matthew) |
| Filing 40 MINUTE entry before the Honorable John Z. Lee:The Court grants Plaintiffs' unopposed motion to seal certain exhibits attached to Plaintiffs' Opposition to Abbott Laboratories' Motion to Dismiss #38 . A redacted, public version shall be filed. Typically, under Local Rule 5.8, motions to file materials under seal must include a "statement indicating that the document is filed under seal in accordance with an order of the court and the date of that order." To date, however, neither party has moved for entry of a proposed protective (confidentiality) order. By January 8, 2020, the parties shall jointly move for entry of a proposed protective (confidentiality) order in compliance with Judge Lee's standing order.Mailed notice (ca, ) |
| Filing 39 (UNOPPOSED Motion) NOTICE of Motion by Matthew Alan Chivvis for presentment of motion to seal document, #38 before Honorable John Z. Lee on 1/7/2020 at 09:00 AM. (Chivvis, Matthew) |
| Filing 38 MOTION by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to seal document sealed document, #37 (UNOPPOSED Motion for Leave to File Under Seal Exhibits to the Declaration of Matthew A. Chivvis, and References Thereto, in Support of Plaintiffs' Opposition to Abbott Laboratories' Motion to Dismiss) (Chivvis, Matthew) |
| Filing 37 SEALED DOCUMENT by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California (Opposition to Abbott Laboratories' Motion to Dismiss) (Attachments: #1 Declaration (Declaration of Matthew Chivvis in Support including Exhibits A-F))(Chivvis, Matthew) |
| Filing 36 MEMORANDUM by Evolve BioSystems, Inc., Regents of the University of California in Opposition to Motion to Dismiss for Failure to State a Claim #32 (Attachments: #1 Declaration (Declaration of Matthew Chivvis in Support including Exhibits A-F))(Chivvis, Matthew) |
| Filing 35 MINUTE entry before the Honorable John Z. Lee:Plaintiffs' response to Defendant's motion to dismiss is due 12/17/19; Defendant's reply is due 1/10/20 pursuant to the scheduling order entered by the Court. No appearance on the motion is necessary.Mailed notice (ca, ) |
| Filing 34 NOTICE of Motion by Nimalka Ratnavali Wickramasekera for presentment of Motion to Dismiss for Failure to State a Claim #32 before Honorable John Z. Lee on 11/19/2019 at 09:00 AM. (Wickramasekera, Nimalka) |
| Filing 33 MEMORANDUM by Abbott Laboratories in support of Motion to Dismiss for Failure to State a Claim #32 (Attachments: #1 Declaration of Dan H. Hoang with Exhibits 1-3)(Wickramasekera, Nimalka) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Abbott Laboratories (Wickramasekera, Nimalka) |
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Filing 31
TRANSCRIPT OF PROCEEDINGS held on 10/23/19 before the Honorable John Z. Lee. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. |
|
Filing 30
SCHEDULING ORDER Signed by the Honorable John Z. Lee on 10/24/19. Mailed notice(ca, )
|
| Filing 29 MINUTE entry before the Honorable John Z. Lee:Claim construction hearing set for 9/15/20 at 1:30 p.m.Mailed notice (ca, ) |
| Filing 28 MINUTE entry before the Honorable John Z. Lee:The Court enters the following scheduling order: Defendant's anticipated Motion to Dismiss or Answer to the Amended Complaint is due by 11/12/19, the parties initial disclosures are due by 11/12/19; Plaintiffs' Initial Infringement Contentions are due by 11/26/19; Defendant's Initial Non-Infringement, Unenforceability, and Invalidity Contentions are due by 12/13/19; Plaintiffs' Response to Motion to Dismiss or Answer to Counterclaim is due by 12/17/19; Defendant's Reply in support of Motion to Dismiss is due by 1/10/20; Plaintiffs' Initial Response to Non-Infringement and Invalidity Contentions are due by 1/14/20; Plaintiffs' List of Asserted Claims is due by 4/7/20; Plaintiffs' Final Infringement Contentions are due by 4/21/20; Defendant's Final Unenforceability and Invalidity Contentions are due by 4/21/20; Defendant's Final Non-Infringement Contentions are due by 5/19/20; Plaintiffs' Final Enforceability and Validity Contentions are due by 5/19/20; Parties Exchange Lists of Claim Terms and Proposed Constructions by 6/2/20; Fact Discovery Closes; Defendant's Opening Claim Construction Brief is due by 7/7/20; Plaintiffs' Responsive Claim Construction Brief due by 8/4/20; Defendant's Reply Claim Construction Brief is due by 8/18/20; Parties' Joint Claim Construction Chart; Hearing on Claim Construction is set for 9/15/20 at 1:30 p.m. Mailed notice (ca, ) |
| Filing 27 MINUTE entry before the Honorable John Z. Lee:Status hearing held on 10/23/19. Defendant's motion to dismiss shall be due by 11/12/19; response due by 12/17/19; reply due by 1/10/20. The parties should submit a proposed scheduling order in Microsoft Word format to the proposed order mailbox and contact the courtroom deputy when they have done so. Out of town counsel may appear by telephone for the next status and should contact the courtroom deputy the day before with a call-in number. Status hearing set for 3/4/20 at 9:00 a.m.Mailed notice (ca, ) |
| Filing 26 STATUS Report (JOINT INITIAL STATUS REPORT) by Evolve BioSystems, Inc., Regents of the University of California (Flaming, Todd) |
| Filing 25 MINUTE entry before the Honorable John Z. Lee:Motions for leave to appear pro hac vice by Parisa Jorjani #23 and Charles Klein #24 are granted.Mailed notice (ca, ) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16325729. (Attachments: #1 Affidavits of Sponsors)(Klein, Charles) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16317097. (Parisa, Jorjani) |
| Filing 22 MINUTE entry before the Honorable John Z. Lee:Motions to appear pro hac vice by James Hancock #19 and Stephanie Blij #21 are granted. Mailed notice (ca, ) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16313425. (Blij, Stephanie) |
| Filing 20 AMENDED complaint by Evolve BioSystems, Inc., Regents of the University of California against All Plaintiffs (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Chivvis, Matthew) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16311965. for James Hancock on behalf of Plaintiffs (Hancock, James) |
| Filing 18 MINUTE entry before the Honorable John Z. Lee:Motion for extension of time until October 29, 2019 to answer #14 is granted. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 17 ATTORNEY Appearance for Defendant Abbott Laboratories by Michael R. Rueckheim (Rueckheim, Michael) |
| Filing 16 ATTORNEY Appearance for Defendant Abbott Laboratories by Dan Huy Hoang (Hoang, Dan) |
| Filing 15 NOTICE of Motion by Nimalka Ratnavali Wickramasekera for presentment of motion for extension of time to file answer #14 before Honorable John Z. Lee on 10/1/2019 at 09:00 AM. (Wickramasekera, Nimalka) |
| Filing 14 MOTION by Defendant Abbott Laboratories for extension of time to file answer regarding complaint #1 or Otherwise Respond to Plaintiffs' Complaint (AGREED) (Wickramasekera, Nimalka) |
| Filing 13 ATTORNEY Appearance for Defendant Abbott Laboratories by Nimalka Ratnavali Wickramasekera (Wickramasekera, Nimalka) |
| Filing 12 SUMMONS Returned Executed by Evolve BioSystems, Inc., Regents of the University of California as to Abbott Laboratories on 9/17/2019, answer due 10/8/2019. (Flaming, Todd) |
| SUMMONS Issued as to Defendant Abbott Laboratories (daj, ) |
| Filing 11 MINUTE entry before the Honorable John Z. Lee: Initial status hearing set for 10/23/19 at 9:00 a.m. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. Mailed notice (ca, ) |
| Filing 10 MINUTE entry before the Honorable John Z. Lee: Matthew A. Chivvis' motion for leave to appear pro hac vice for Plaintiffs #8 is granted. Mailed notice (mw, ) |
| Filing 9 MAILED patent report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(mc, ) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16194073. (Chivvis, Matthew) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (td, ) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (and FRCP 7.1) (CORRECTED) (Flaming, Todd) |
| Filing 6 Local Rule 3.4 Notice of Claims Involving Patents (CORRECTED) by Evolve BioSystems, Inc., Regents of the University of California (Flaming, Todd) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (and FRCP 7.1) (Flaming, Todd) |
| Filing 4 Local Rule 3.4 Notice of Claims Involving Patents by Evolve BioSystems, Inc., Regents of the University of California (Flaming, Todd) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Evolve BioSystems, Inc., Regents of the University of California by Todd H. Flaming (Flaming, Todd) |
| Filing 2 CIVIL Cover Sheet (Flaming, Todd) |
| Filing 1 COMPLAINT filed by Evolve BioSystems, Inc., Regents of the University of California; Jury Demand. Filing fee $ 400, receipt number 0752-16193024. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Flaming, Todd) |
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