OrthoPediatrics Corp. et al v. Wishbone Medical, Inc. et al
| OrthoPediatrics Corp., Orthex, LLC and Vilex LLC |
| Nick A. Deeter and Wishbone Medical, Inc. |
| 3:2020cv00929 |
| October 30, 2020 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Patent |
| 35 U.S.C. § 1 |
| Plaintiff |
Docket Report
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Filing 61
REPLY by Nick A. Deeter, Wishbone Medical, Inc. to #60 Response to Motion by Defendant for Leave to File Surreply. (Lankford, Garrick)
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Filing 60
RESPONSE to Motion re #59 MOTION for Leave to File Surreply Brief filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Manno PHV, Elizabeth)
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Filing 59
MOTION for Leave to File Surreply Brief by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Exhibit Proposed Surreply Brief and Declaration of Sehmuz Isin)(Lankford, Garrick)
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Filing 58
REPLY to Response to Motion re #53 MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss Reply in Support of Plaintiff's Motion for Leave to file Surreply Brief in Opposition to Defendants' Motion to Dismiss filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Attachments: #1 Declaration of Elizabeth Manno in Support, #2 Exhibit B)(Manno PHV, Elizabeth)
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Filing 57
ORDER DENYING #47 Motion for an Order Setting a Rule 16 Scheduling Conference by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/21/2021. (mrm)
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Filing 56
RESPONSE to Motion re #53 MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss filed by Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Exhibit 1-Declaration of Nick Deeter, #2 Exhibit 2-Declaration of Michael Whitehead, #3 Exhibit 3-US Patent 5702389)(Lankford, Garrick)
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Filing 55
ORDER granting #50 Application to Appear Pro Hac Vice of Attorney Elizabeth M Manno PHV for Orthex, LLC, OrthoPediatrics Corp., and Vilex LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/14/2021. (ace)
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Filing 54
ORDER : The Court GRANTS the #36 Request to Extend Page Count. Text only entry by Chief Judge Jon E DeGuilio on 5/10/2021. (jss)
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Filing 53
MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Attachments: #1 Exhibit A - Proposed Surreply Brief)(Caixeiro PHV, Manny)
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Filing 52
REPLY to Response to Motion re #47 MOTION for an Order Setting a Rule 16 Scheduling Conference Plaintiffs' Reply in Support of Motion for an Order Setting a Rule 16 Scheduling Conference filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Caixeiro PHV, Manny)
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Filing 51
ORDER granting #48 Motion to Withdraw as Attorney. Attorney Mary C Brennan PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/3/21. (slm)
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Filing 50
Application for Attorney Elizabeth M. Manno to Appear Pro Hac Vice on behalf of Orthopediatrics Corp., Orthex, LLC., and Vilex LLC.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4560533(Pro Hac Vice Temporary login, )
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Filing 49
RESPONSE to Motion re #47 MOTION for an Order Setting a Rule 16 Scheduling Conference filed by Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
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Filing 48
MOTION to Withdraw as Attorney Motion to Withdraw as Counsel for Plaintiffs by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Brennan PHV, Mary)
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Filing 47
MOTION for an Order Setting a Rule 16 Scheduling Conference by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Brennan PHV, Mary)
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Filing 46
ORDER: Based on the filing of the Amended Complaint, the Court DENIES as moot the #28 Motion to Dismiss. Text only entry by Chief Judge Jon E DeGuilio on 3/22/2021. (jss)
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Filing 45
ORDER granting #44 Motion to Withdraw as Attorney. Attorney Jaimin H Shah PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 3/12/21. (slm)
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Filing 44
MOTION to Withdraw as Attorney by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Shah PHV, Jaimin)
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Filing 43
REPLY TO RESPONSE TO MOTION by Nick A. Deeter, Wishbone Medical, Inc. re #39 Response to Motion, . (Attachments: #1 Exhibit A - Declaration of Nick A. Deeter, #2 Exhibit B - WishBone's Website of Products)(Lankford, Garrick) Modified on 2/25/2021 (bas).
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Filing 42
ORDER : The Court GRANTS the unopposed #41 Joint Motion for Extension of Time to File Defendants' Reply. Reply to be filed by 2/24/2021. Text only entry by Chief Judge Jon E DeGuilio on 2/12/2021. (jss)
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Filing 41
MOTION for Extension of Time to File Response/Reply as to #39 Response to Motion, Filed Jointly by Plaintiffs and by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
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Filing 40
SUPPLEMENT to #39 Response to Motion, Declaration of Jaimin H. Shah in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shah PHV, Jaimin)
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Filing 39
RESPONSE to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Carroll PHV, Timothy)
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Filing 38
BRIEF in Support of #37 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Exhibit A - Paley Consulting Agreement, #2 Exhibit B - Florida Lawsuit Complaint, #3 Exhibit C - Declaration of Nick A. Deeter)(Lankford, Garrick)
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Filing 37
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
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Filing 36
MOTION for Leave to File Excess Pages by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
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Filing 35
ORDER granting #31 Application to Appear Pro Hac Vice of Attorney Ted J Nelson PHV for Wishbone Medical, Inc. and Nick Deeter. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/7/2021. (ace)
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Filing 34
ORDER granting #30 Application to Appear Pro Hac Vice of Attorney Michael J King PHV for Wishbone Medical, Inc. and Nick Deeter. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/7/2021. (ace)
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Filing 33
AMENDED COMPLAINT First Amended Complaint against Nick A. Deeter, Wishbone Medical, Inc., filed by Vilex LLC, OrthoPediatrics Corp., Orthex, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Carroll PHV, Timothy)
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Filing 32
Corporate Disclosure Statement by Vilex LLC identifying Corporate Parent Squadron Capital LLC for Vilex LLC.. (Carroll PHV, Timothy)
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Filing 31
Application for Attorney Theodore J. Nelson to Appear Pro Hac Vice on behalf of WISHBONE MEDICAL, INC. and NICK DEETER. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4443682(Pro Hac Vice Temporary login, )
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Filing 30
Application for Attorney Michael J. King to Appear Pro Hac Vice on behalf of WISHBONE MEDICAL, INC. and NICK DEETER. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4443635(Pro Hac Vice Temporary login, )
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Filing 29
BRIEF in Support of #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM upon which relief can be granted filed by Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
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Filing 28
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM upon which relief can be granted by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
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Filing 27
ORDER DENYING #19 MOTION to Expedite Plaintiffs' Motion for Expedited Discovery by Plaintiffs Orthex, LLC, OrthoPediatrics Corp. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/15/2020. (lhc)
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Filing 26
ORDER granting #24 Application to Appear Pro Hac Vice of Attorney Jaimin H Shah PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/15/2020. (ace)
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Filing 25
MEMORANDUM OF LAW re #22 Response to Motion Opposing Plaintiffs' Motion for Expedited Discovery by Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Declaration of Nick A. Deeter)(Lankford, Garrick)
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Filing 24
Application for Attorney Jaimin H. Shah to Appear Pro Hac Vice on behalf of ORTHOPEDIATRICS CORP. and ORTHEX, LLC.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4425334(Pro Hac Vice Temporary login, )
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Filing 23
ORDER re #19 MOTION to Expedite Plaintiffs' Motion for Expedited Discovery filed by Orthex, LLC, OrthoPediatrics Corp. Defendants to file any response brief no later than 12/14/2020. No further briefing will be considered.. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/9/20. (jld)
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Filing 22
RESPONSE to Motion re #19 MOTION to Expedite Plaintiffs' Motion for Expedited Discovery filed by Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
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Filing 21
ORDER granting #20 Application to Appear Pro Hac Vice of Attorney Manny J Caixeiro PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/9/2020. (ace)
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Filing 20
Application for Attorney Manny J. Caixeiro to Appear Pro Hac Vice on behalf of ORTHOPEDIATRICS CORP. and ORTHEX, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4420974(Pro Hac Vice Temporary login, )
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Filing 19
MOTION to Expedite Plaintiffs' Motion for Expedited Discovery by Plaintiffs Orthex, LLC, OrthoPediatrics Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Carroll PHV, Timothy)
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Filing 18
NOTICE of Appearance by Michael D Marston on behalf of All Defendants (Marston, Michael)
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Filing 17
NOTICE of Appearance by Garrick T Lankford on behalf of Nick A. Deeter, Wishbone Medical, Inc. (Lankford, Garrick)
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Answer Deadline set per DE #14 . Answer for Defendants is due 12/16/2020. (bas)
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Filing 16
ORDER granting #12 Application to Appear Pro Hac Vice of Attorney Timothy J Carroll PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/30/2020. (ace)
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Filing 15
Corporate Disclosure Statement by Wishbone Medical, Inc.. (Seach, Raymond)
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Filing 14
AGREED NOTICE to extend time to file answer filed by Nick A. Deeter, Wishbone Medical, Inc. ; answer due by 12/16/2020. (Seach, Raymond)
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Filing 13
NOTICE of Appearance by Raymond Thomas Seach on behalf of All Defendants (Seach, Raymond)
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Filing 12
Application for Attorney Timothy J. Carroll to Appear Pro Hac Vice on behalf of ORTHOPEDIATRICS CORP. and ORTHEX, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4408123(Pro Hac Vice Temporary login, ) (Main Document 12 replaced on 11/30/2020 to include IL certificate and court status information) (ace). Modified on 11/30/2020 (ace).
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Filing 11
CERTIFICATE OF SERVICE by Orthex, LLC, OrthoPediatrics Corp. Regarding Service of the Summons and Complaint to Defendants WishBone Medical, Inc. and Nick A. Deeter (Attachments: #1 Exhibit A)(Brennan PHV, Mary)
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Filing 10
ORDER granting #9 Application to Appear Pro Hac Vice of Attorney Mary C Brennan PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/9/2020. (ace)
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Filing 9
Application for Attorney Mary Kate Brennan to Appear Pro Hac Vice on behalf of OrthoPediatrics Corp. and Orthex, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4391505(Pro Hac Vice Temporary login, )
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Filing 8
Summons Issued as to Nick A. Deeter, Wishbone Medical, Inc.. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (rmc)
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Chief Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (rmc)
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Filing 7
Corporate Disclosure Statement by Orthex, LLC. (Haller, Meaghan)
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Filing 6
Corporate Disclosure Statement by OrthoPediatrics Corp.. (Haller, Meaghan)
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Filing 5
REPORT by Orthex, LLC, OrthoPediatrics Corp. REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK. (Haller, Meaghan)
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Filing 4
NOTICE of Appearance by Andrew W Gruber on behalf of All Plaintiffs (Gruber, Andrew)
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Filing 3
NOTICE of Appearance by Alex Everett Gude on behalf of All Plaintiffs (Gude, Alex)
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Filing 2
NOTICE of Appearance by Meaghan Klem Haller on behalf of Orthex, LLC, Orthpediatrics Corp. (Haller, Meaghan)
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Filing 1
COMPLAINT with JURY DEMAND against Nick A. Deeter, Wishbone Medical, Inc.( Filing fee $400.00 receipt number 0755-4386373.), filed by Orthpediatrics Corp., Orthex, LLC. (Attachments: #1 Exhibit A- Nick Deeter WishBone Medical Because KIDS are not just little adults_, #2 Exhibit B - Findings of Fact and Conclusions of Law Concerning OP_s Motion for Rule to Show Cause, #3 Exhibit C - Deeter Nick - Severance Agreement and General Release 2013, #4 Exhibit D - US10258377B1 - Orthex patent re point and click alignment, #5 Exhibit E - Smart Correction-Computer Assisted Circular Hexapod Fixator, #6 Civil Cover Sheet, #7 Proposed Summons Nick A. Deeter, #8 Proposed Summons Wishbone Medical, Inc.)(Haller, Meaghan) Modified on 11/2/2020 sent AO 120 form the the Patent Office via email (rmc).
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