3Shape A/S v. Exocad GmbH et al
Plaintiff: 3Shape A/S
Defendant: Exocad America, Inc. and Exocad GmbH
Case Number: 1:2018cv11955
Filed: September 17, 2018
Court: US District Court for the District of Massachusetts
Presiding Judge: Nathaniel M Gorton
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 145
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2018 Filing 58 DECLARATION re #56 MOTION to Stay Case Pending Inter Partes Review Proceedings by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Littman, Kevin)
November 7, 2018 Filing 57 MEMORANDUM in Support re #56 MOTION to Stay Case Pending Inter Partes Review Proceedings filed by Exocad America, Inc., Exocad GmbH. (Littman, Kevin)
November 7, 2018 Filing 56 MOTION to Stay Case Pending Inter Partes Review Proceedings by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Text of Proposed Order)(Littman, Kevin)
October 23, 2018 Filing 55 Judge Nathaniel M. Gorton: ENDORSED ORDER entered re #54 Status Report filed by 3Shape A/S. "Treated as a motion to stay and, because the parties are not entitled to an automatic stay under the circumstances, motion denied without prejudice." (Lima, Christine)
October 16, 2018 Filing 54 STATUS REPORT Joint Status Report and Stipulated Stay Pending the P.T.A.B.'s Final Written Decision on IPR2018-788 by 3Shape A/S. (Scott, Craig)
October 3, 2018 Filing 53 STATE COURT Record. (McDonagh, Christina)
October 1, 2018 Filing 52 Set/Reset Deadlines: Joint Status Report due by 10/16/2018 (McDonagh, Christina)
September 28, 2018 Filing 51 STATUS REPORT Joint Status Report by 3Shape A/S. (Scott, Craig)
September 28, 2018 Filing 50 NOTICE of Appearance by Craig M. Scott on behalf of 3Shape A/S (Scott, Craig)
September 19, 2018 Filing 49 Set/Reset Deadlines: Joint Status Report due by 9/28/2018 (Lima, Christine)
September 17, 2018 Filing 48 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris)
September 17, 2018 Filing 47 Case transferred in from District of Delaware; Case Number 1:17-cv-00239.
September 10, 2018 Case transferred to District of United States District Court for the District of Massachusetts. Case transferred electronically. (nmg)
August 27, 2018 Opinion or Order Filing 46 ORDER, upon consideration of Defendants' motion to stay or transfer (ECF No. #36 ) and the responses thereto, after a hearing on the record with counsel for the parties, and for the reasons stated on the record, it is hereby ORDERED that the motion (ECF No. #36 ) is GRANTED. It is further ORDERED that the case is TRANSFERRED to the District of Massachusetts. Signed by Judge Eduardo C. Robreno on 8/27/2018. (nmg)
August 27, 2018 Minute Entry for proceedings held before Judge Eduardo C. Robreno: Motion Hearing held on 8/27/2018 re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case filed by Exocad America, Inc., Exocad GmbH. (Court Reporter Carl Haugher.) (nmg)
August 13, 2018 Opinion or Order Filing 45 ORDER re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case. ORDER, Setting Hearings( AN Oral Argument is set for 8/27/2018 at 10:00 AM before Judge Eduardo C. Robreno in Courtroom 15A, James A. Byrne United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106.). Signed by Judge Eduardo C. Robreno on 8/13/2018. (nmf)
July 30, 2018 Opinion or Order Filing 44 ORDER, granting D.I. #42 Consent MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case . (Reply Brief due 7/30/2018.) Signed by Judge Eduardo C. Robreno on 7/30/2018. (nmg)
July 30, 2018 Filing 43 REPLY BRIEF re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case filed by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Kraman, Pilar)
July 23, 2018 Filing 42 Consent MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case - filed by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Kraman, Pilar)
July 13, 2018 Filing 41 ANSWERING BRIEF in Opposition re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case filed by 3Shape A/S.Reply Brief due date per Local Rules is 7/20/2018. (Grivner, Geoffrey)
June 22, 2018 Filing 40 DECLARATION re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case (of TILLMAN STEINBRECHER) by Exocad America, Inc., Exocad GmbH. (Kraman, Pilar)
June 22, 2018 Filing 39 DECLARATION re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case (of LARRY BODONY) by Exocad America, Inc., Exocad GmbH. (Kraman, Pilar)
June 22, 2018 Filing 38 DECLARATION re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case (of KEVIN M. LITTMAN) by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Exhibit 1 through 15, #2 Certificate of Service)(Kraman, Pilar)
June 22, 2018 Filing 37 OPENING BRIEF in Support re #36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case filed by Exocad America, Inc., Exocad GmbH.Answering Brief/Response due date per Local Rules is 7/6/2018. (Kraman, Pilar)
June 22, 2018 Filing 36 MOTION to Stay Pending Inter Partes Review Proceedings or, Alternatively, to Transfer the Case - filed by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Kraman, Pilar)
June 21, 2018 Opinion or Order Filing 35 ORDER re D.I. #34 STIPULATION TO EXTEND TIME to Respond to exocad America, Inc.s Counterclaims. The time for Plaintiff to file its Response to exocad America, Inc.'s Counterclaims is stayed until further order of the Court. Signed by Judge Eduardo C. Robreno on 6/21/2018. (nmg)
June 20, 2018 Filing 34 STIPULATION TO EXTEND TIME to Respond to exocad America, Inc.s Counterclaims to 14 days following the Court's ruling on Defendant's Motion to Stay - filed by 3Shape A/S. (Grivner, Geoffrey)
June 11, 2018 Opinion or Order Filing 33 ORDER, upon consideration of the parties' Proposed Schedules (ECF No. #32 ) it is hereby ORDERED that the following deadlines shall apply: 1. June 22, 2018: exocad shall file its motion to stay or, alternatively, to transfer the case to Massachusetts; 2. July 13, 2018: 3Shape shall file its opposition to the motion; 3. July 24, 2018: exocad shall file its reply brief in support of the motion; 4. One week after the Court's ruling on the motion: parties shall submit a joint proposed schedule for jurisdictional discovery. Signed by Judge Eduardo C. Robreno on 6/11/2018. (fms)
June 8, 2018 Filing 32 STIPULATION Proposed Schedules by 3Shape A/S. (Grivner, Geoffrey)
June 8, 2018 Filing 31 ANSWER to Amended Complaint, re: #22 Amended Complaint, with Jury Demand , COUNTERCLAIM against 3Shape A/S by Exocad America, Inc.. (Attachments: #1 Exhibit 1 and 2, #2 Certificate of Service)(Poff, Adam)
May 25, 2018 Opinion or Order Filing 30 ORDER denying #24 MOTION to Dismiss for Failure to State a Claim. It is further ORDERED that the arguments to dismiss Defendant Exocad GmbH for lack of personal jurisdiction are HELD IN ABEYANCE pending jurisdictional discovery. It is hereby further ORDERED that the parties shall submit a joint proposed schedule for jurisdictional discovery no later than June 8, 2018. (Notice of Compliance deadline set for 6/8/2018). Signed by Judge Eduardo C. Robreno on 5/25/2018. (crb)
January 12, 2018 Filing 29 REPLY BRIEF re #24 MOTION to Dismiss for Failure to State a Claim filed by Exocad America, Inc., Exocad GmbH. (Kraman, Pilar)
December 11, 2017 Filing 28 ANSWERING BRIEF in Opposition re #24 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S.Reply Brief due date per Local Rules is 12/18/2017. (Grivner, Geoffrey)
November 30, 2017 Opinion or Order Filing 27 ORDER granting #26 MOTION for Extension of Time to Allow Plaintiff to File its Opposition to Defendant's Motion to Dismiss Amended Complaint and Deadline for Defendants to Reply to Plaintiff's Opposition. ORDER setting briefing schedule re #24 MOTION to Dismiss for Failure to State a Claim : (Answering Brief due 12/11/2017., Reply Brief due 1/12/2018.). Signed by Judge Eduardo C. Robreno on 11/30/2017. (nmfn)
November 30, 2017 Filing 26 MOTION for Extension of Time to Allow Plaintiff to File its Opposition to Defendant's Motion to Dismiss Amended Complaint and Deadline for Defendants to Reply to Plaintiff's Opposition - filed by 3Shape A/S. (Grivner, Geoffrey)
November 20, 2017 Filing 25 OPENING BRIEF in Support re #24 MOTION to Dismiss for Failure to State a Claim filed by Exocad America, Inc., Exocad GmbH.Answering Brief/Response due date per Local Rules is 12/4/2017. (Kraman, Pilar)
November 20, 2017 Filing 24 MOTION to Dismiss for Failure to State a Claim - filed by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Kraman, Pilar)
November 20, 2017 Filing 23 Official Transcript of Motion to Dismiss Hearing held on 10/16/2017 before Judge Eduardo C. Robreno in the Eastern District of PA. Court Reporter/Transcriber Michael T. Keating. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/11/2017. Redacted Transcript Deadline set for 12/21/2017. Release of Transcript Restriction set for 2/20/2018. (nmg)
November 6, 2017 Filing 22 AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Exocad America, Inc., Exocad GmbH- filed by 3Shape A/S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Grivner, Geoffrey)
October 17, 2017 Opinion or Order Filing 21 ORDER GRANTING #8 MOTION to Dismiss for Failure to State a Claim filed by Exocad America, Inc., Exocad GmbH. Plaintiff's Complaint is DISMISSED without prejudice. Plaintiff may file an amended complaint by November 6, 2017 ( Amended Complaint due by 11/6/2017.). Signed by Judge Eduardo C. Robreno on 10/16/2017. (fms)
October 17, 2017 Pro Hac Vice Attorney Matthew B. Lowrie for Exocad America, Inc. and Exocad GmbH added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
October 16, 2017 Minute Entry for proceedings held before Judge Eduardo C. Robreno in the Eastern District of PA - Oral Argument held on 10/16/2017 re #8 MOTION to Dismiss for Failure to State a Claim filed by Exocad America, Inc., Exocad GmbH. Appearances: Lloyd Smith, Esq., Jonathan Bowser, Esq., Geoffrey Grivner, Esq., Matt Lowery, Esq., and Adam Poff, Esq. The Court grants the motion to dismiss with leave to amend the complaint. Pretrial Conference held. Orders to follow. (Court Reporter Patrick Kelly.) (fms)
October 16, 2017 Filing 20 PROPOSED ORDER -Proposed Scheduling Order by 3Shape A/S. (Grivner, Geoffrey)
October 16, 2017 Opinion or Order Filing 19 SO ORDERED, #18 MOTION for Pro Hac Vice Appearance of Attorney S. Lloyd Smith and #17 MOTION for Pro Hac Vice Appearance of Attorney Jonathan R. Bowser. Signed by Judge Eduardo C. Robreno on 10/16/2017. (ceg)
October 16, 2017 Pro Hac Vice Attorney Kevin M. Littman for Exocad America, Inc. and Exocad GmbH added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
October 13, 2017 Filing 18 MOTION for Pro Hac Vice Appearance of Attorney S. Lloyd Smith - filed by 3Shape A/S. (Grivner, Geoffrey)
October 12, 2017 Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Jonathan R. Bowser - filed by 3Shape A/S. (Grivner, Geoffrey)
August 31, 2017 Opinion or Order Filing 16 SO ORDERED, #15 MOTION for Pro Hac Vice Appearance of Attorney Matthew B. Lowrie, Esq. & Kevin M. Littman, Esq of Foley & Lardner LLP filed by Exocad America, Inc., Exocad GmbH. Signed by Judge Eduardo C. Robreno on 8/31/2017. (ceg)
August 29, 2017 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Matthew B. Lowrie, Esq. & Kevin M. Littman, Esq of Foley & Lardner LLP - filed by Exocad America, Inc., Exocad GmbH. (Kraman, Pilar)
August 28, 2017 Opinion or Order Filing 14 Order Setting a Rule 16 Status and Scheduling Conference: A Rule 16 Status and Scheduling Conference is set for 10/16/2017 at 04:00 PM before Judge Eduardo C. Robreno in Courtroom 15A, James A. Byrne United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106. ORDER, Setting Hearings( An Oral Argument is set for 10/16/2017 at 04:00 PM before Judge Eduardo C. Robreno immediately following the Rule 16 Status and Scheduling Conference.) Signed by Judge Eduardo C. Robreno on 8/28/2017. (nmfn)
August 11, 2017 Filing 13 REQUEST for Oral Argument by Exocad America, Inc., Exocad GmbH re #8 MOTION to Dismiss for Failure to State a Claim . (Kraman, Pilar)
August 4, 2017 Filing 12 REPLY BRIEF re #8 MOTION to Dismiss for Failure to State a Claim filed by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Certificate of Service)(Poff, Adam)
July 28, 2017 Filing 11 ANSWERING BRIEF in Opposition re #8 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S.Reply Brief due date per Local Rules is 8/4/2017. (Grivner, Geoffrey)
July 25, 2017 Case Reassigned to Judge Eduardo C. Robreno of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (ER) after the case number on all documents filed. (rjb)
July 14, 2017 Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Exocad GmbH for Exocad America, Inc.; Corporate Parent Ivory GmbH, Corporate Parent Ivory Holding GmbH, Corporate Parent Ivory Global Holdings GmbH, Corporate Parent CETP III Ivory SARL for Exocad GmbH filed by Exocad America, Inc., Exocad GmbH. (Kraman, Pilar)
July 14, 2017 Filing 9 OPENING BRIEF in Support re #8 MOTION to Dismiss for Failure to State a Claim filed by Exocad America, Inc., Exocad GmbH.Answering Brief/Response due date per Local Rules is 7/28/2017. (Kraman, Pilar)
July 14, 2017 Filing 8 MOTION to Dismiss for Failure to State a Claim - filed by Exocad America, Inc., Exocad GmbH. (Attachments: #1 Text of Proposed Order)Motions referred to Mary Pat Thynge.(Kraman, Pilar)
April 26, 2017 Opinion or Order SO ORDERED granting #7 Motion for Extension of Time to Answer for Defendants Exocad GmbH and Exocad America Inc. to File an Answer is extended to 7/14/17. Signed by Judge Mary Pat Thynge on 4/26/17. (cak)
April 25, 2017 Filing 7 MOTION for Extension of Time to File Answer - filed by 3Shape A/S. Motions referred to Mary Pat Thynge.(Grivner, Geoffrey)
April 17, 2017 Opinion or Order SO ORDERED re #6 STIPULATION TO EXTEND TIME to Answer Complaint to May 18, 2017 filed by Exocad America, Inc. Signed by Judge Mary Pat Thynge on 4/17/17. (cak)
April 17, 2017 Set/Reset Answer Deadlines: Exocad America, Inc. answer due 5/18/2017. (cak)
April 13, 2017 Filing 6 STIPULATION TO EXTEND TIME to Answer Complaint to May 18, 2017 - filed by Exocad America, Inc.. (Kraman, Pilar)
March 28, 2017 Filing 5 Return of Service Executed by 3Shape A/S. Exocad America, Inc. served on 3/28/2017, answer due 4/18/2017. (Grivner, Geoffrey)
March 28, 2017 Summons Reissued with Magistrate Consent Notice attached as to Exocad America, Inc. (sar)
March 17, 2017 Filing 4 ACKNOWLEDGEMENT OF SERVICE Executed Proof of Service of Summons Acknowledgement filed by 3Shape A/S. (Grivner, Geoffrey)
March 16, 2017 Summons Issued with Magistrate Consent Notice attached as to Exocad America, Inc. on 3/16/2017. (lmm)
March 15, 2017 Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)
March 15, 2017 CASE REFERRED to Magistrate Judge Mary Pat Thynge. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb)
March 8, 2017 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,336,336; . (Grivner, Geoffrey)
March 7, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs)
March 7, 2017 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Exocad America, Inc., Exocad GmbH - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2099198.) - filed by 3Shape A/S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(jcs)
March 7, 2017 Remark: Counsel is reminded that AO Form 120, Report to Commissioner of Patents and Trademarks, is required. (jcs)
March 7, 2017 No Summons Issued. (jcs)

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Defendant: Exocad America, Inc.
Represented By: Pilar Gabrielle Kraman
Represented By: Adam Wyatt Poff
Represented By: Matthew B. Lowrie
Represented By: Kevin M. Littman
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Defendant: Exocad GmbH
Represented By: Pilar Gabrielle Kraman
Represented By: Matthew B. Lowrie
Represented By: Kevin M. Littman
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Plaintiff: 3Shape A/S
Represented By: Geoffrey Graham Grivner
Represented By: Craig M. Scott
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