Rasmussen Instruments, LLC v. DePuy Synthes Products, Inc. et al
| Rasmussen Instruments, LLC |
| Medical Device Business Services, Inc., DePuy Synthes Products, Inc. and DePuy Synthes Sales, Inc. |
| 1:2020cv11807 |
| October 2, 2020 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| William G Young |
| Patent |
| 35 U.S.C. § 145 Patent Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 355 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #354 Motion to Withdraw as Attorney. Attorney Jason M. Zucchi terminated. (Barrows, Jennifer) |
| Filing 354 MOTION to Withdraw as Attorney MOTION FOR LEAVE TO WITHDRAW BY JASON M. ZUCCHI by Rasmussen Instruments, LLC. (Attachments: #1 Affidavit DECLARATION OF JASON M. ZUCCHI)(Zucchi, Jason) |
| Filing 353 USCA Case Number 24-1047 for #351 Notice of Appeal to the Federal Circuit, filed by Rasmussen Instruments, LLC. (Paine, Matthew) |
| Filing 352 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals for the Federal Circuit re #351 Notice of Appeal to the Federal Circuit, (Paine, Matthew) |
| Filing 351 NOTICE OF APPEAL to the Federal Circuit as to #331 Order on Motion for Judgment as a Matter of Law,,,,,,,, Order on Motion for Attorney Fees,,,,,,,, Order on Motion for New Trial,,, #346 Consent Judgment by Rasmussen Instruments, LLC Filing fee: $ 505, receipt number AMADC-10055560 Fee Status: Filing Fee paid. US District Court Clerk to deliver official record to Court of Appeals by 10/16/2023. (Glitzenstein, Kurt) |
| Filing 350 USCA Case Number 23-2399 for #348 Notice of Appeal to the Federal Circuit, filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc.. (Paine, Matthew) |
| Filing 349 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals for the Federal Circuit re #348 Notice of Appeal to the Federal Circuit, (Paine, Matthew) |
| Filing 348 NOTICE OF APPEAL to the Federal Circuit as to #346 Consent Judgment by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc. Filing fee: $ 505, receipt number AMADC-10033026 Fee Status: Filing Fee paid. US District Court Clerk to deliver official record to Court of Appeals by 10/2/2023. (Morrison, Christopher) |
| Filing 347 STIPULATION re #346 Consent Judgment Regarding Stay of Enforcement of Judgment Pending Appeal by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit DePuy Undertaking)(Morrison, Christopher) |
| Filing 346 District Judge Timothy S. Hillman: ORDER FOR JUDGMENT entered. (Barrows, Jennifer) (Main Document 346 replaced on 9/8/2023) (Barrows, Jennifer). |
| Filing 345 AGREEMENT FOR JUDGMENT Parties Agreed Proposed Form of Judgment by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 344 District Judge Timothy S. Hillman: ORDER entered. PERMANENT INJUNCTION.(Burgos, Sandra) |
| Filing 343 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #338 Motion for Permanent Injunction. (Burgos, Sandra) |
Filing 342
ORDER of the USCA for the Federal Circuit as to #332 Notice of Appeal to the Federal Circuit, #334 Notice of Appeal to the Federal Circuit, (Paine, Matthew)
|
| Filing 341 Opposition re #338 MOTION for Permanent Injunction filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 340 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #339 Assented to MOTION for Extension of Time to May 30, 2023 to Respond to Rasmussens Motion for a Permanent Injunction (D.I. 338). (Burgos, Sandra) |
| Filing 339 Assented to MOTION for Extension of Time to May 30, 2023 to Respond to Rasmussens Motion for a Permanent Injunction (D.I. 338) by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc..(Morrison, Christopher) Modified on 5/22/2023 to Correct CM/ECF NextGen Filing Event (Paine, Matthew). |
| Filing 338 MOTION for Permanent Injunction by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Text of Proposed Order)(Glitzenstein, Kurt) |
| Filing 337 USCA for the Federal Circuit Case Number 23-1856 for #334 Notice of Appeal to the Federal Circuit, filed by Rasmussen Instruments, LLC. (Paine, Matthew) |
| Filing 336 USCA Case Number 23-1855 for #332 Notice of Appeal to the Federal Circuit, filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc.. (Paine, Matthew) |
| Filing 335 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals for the Federal Circuit re #334 Notice of Appeal to the Federal Circuitx. (Paine, Matthew) |
| Filing 334 NOTICE OF APPEAL to the Federal Circuit as to #331 Order on Motion for Judgment as a Matter of Law,,,,,,,, Order on Motion for Attorney Fees,,,,,,,, Order on Motion for New Trial,,, by Rasmussen Instruments, LLC Filing fee: $ 505, receipt number AMADC-9830926 Fee Status: Filing Fee paid. US District Court Clerk to deliver official record to Court of Appeals by 5/18/2023. (Glitzenstein, Kurt) |
| Filing 333 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals for the Federal Circuit re #332 Notice of Appeal to the Federal Circuit, (Paine, Matthew) |
| Filing 332 NOTICE OF APPEAL to the Federal Circuit as to #331 Order on Motion for Judgment as a Matter of Law,,,,,,,, Order on Motion for Attorney Fees,,,,,,,, Order on Motion for New Trial,,, by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Filing fee: $ 505, receipt number AMADC-9830395 Fee Status: Filing Fee paid. US District Court Clerk to deliver official record to Court of Appeals by 5/18/2023. (Morrison, Christopher) |
| Filing 331 District Judge Timothy S. Hillman: ORDER entered :Plaintiff's Motion for Attorney's Fees, Enhanced Damages, Prejudgment Interest and Permanent Injunction (Docket No. 305) is granted in part and denied in part: the motion is denied as to enhanced damages and attorney's fees and granted as to prejudgment interest and a permanent injunction.Defendants' Motion for Judgment as a Matter of Law (Docket No. 287) is denied.Plaintiff's Motion for Judgment as a Matter of Law and Motion for a New Trial (Docket No. 304) is denied.Defendants' Motion for Judgment as a Matter of Law Pursuant to Rule 50(b) (Docket No. 308) is granted only as to the dismissal of defendant Medical Device Business Service; and denied as to all other claims.Defendants' Motion for a New Trial Pursuant to Rule 59[Corrected] (Docket No. 311) is denied.(Burgos, Sandra) |
| Filing 330 NOTICE of Withdrawal of Appearance by Joy B. Kete of Jacob Pecht and Meaghan P. Luster (Kete, Joy) |
| Filing 329 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 328 Transcript of Motion Hearing held on July 13, 2022, before Judge Timothy S. Hillman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 8/15/2022. Redacted Transcript Deadline set for 8/25/2022. Release of Transcript Restriction set for 10/24/2022. (Coppola, Katelyn) |
| Filing 327 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 7/13/2022 re #287 MOTION for Judgment as a Matter of Law, #304 MOTION for Judgment as a Matter of Law, #305 MOTION for Attorney Fees, #308 MOTION for Judgment as a Matter of Law, #311 MOTION for New Trial, Case called, Counsel appear by video-conference for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #287 Motion for Judgment as a Matter of Law; taking under advisement #304 Motion for Judgment as a Matter of Law; taking under advisement #305 Motion for Attorney Fees; taking under advisement #308 Motion for Judgment as a Matter of Law; taking under advisement #311 Motion for New Trial; (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Several) (Castles, Martin) |
| Filing 326 ELECTRONIC NOTICE Resetting time of Hearing on Motion #287 MOTION for Judgment as a Matter of Law, #308 MOTION for Judgment as a Matter of Law, #304 MOTION for Judgment as a Matter of Law, #311 MOTION for New Trial, and #305 MOTION for Attorney Fees. Motion Hearing time reset for 7/13/2022 10:00 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.. (Castles, Martin) |
| Filing 325 SEALED Opposition re 305 MOTION for Attorney Fees, Enhanced Damages, Prejudgment Interest and Permanent Injunction filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Burgos, Sandra) Modified docket text on 6/29/2022 (Burgos, Sandra). |
| Filing 324 SEALED EXHIBIT 1 re #316 Opposition to Motion, by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc.. (Burgos, Sandra) |
| Filing 323 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #317 Motion for Leave to File Document ; Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document (Burgos, Sandra) Modified on 6/28/2022 (Burgos, Sandra). |
| Filing 322 REPLY to Response to #311 MOTION for New Trial Pursuant to Rule 59 [CORRECTED] filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit 1 - Excerpt from March 10, 2022 Jury Charge)(Morrison, Christopher) |
| Filing 321 REPLY to Response to #308 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 320 REPLY to Response to #304 MOTION for Judgment as a Matter of Law and Request for a New Trial filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 319 REPLY to Response to #305 MOTION for Attorney Fees , Enhanced Damages, Prejudgment Interest and Permanent Injunction filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Glitzenstein, Kurt) |
| Filing 318 ELECTRONIC NOTICE Setting Hearing on Motion #287 MOTION for Judgment as a Matter of Law, #308 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b), #304 MOTION for Judgment as a Matter of Law and Request for a New Trial, #311 MOTION for New Trial Pursuant to Rule 59 [CORRECTED], #305 MOTION for Attorney Fees , Enhanced Damages, Prejudgment Interest and Permanent Injunction : Motion Hearing set for 7/13/2022 at 11:00 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) |
| Filing 317 Assented to MOTION for Leave to File Under Seal Unredacted Versions of Defendants' Opposition to Plaintiff's Motion for Attorney Fees, Enhanced Damages, Prejudgment Interest and Permanent Injunction #316 and accompanying Exhibit 1 [316-1] by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 316 Opposition re #305 MOTION for Attorney Fees , Enhanced Damages, Prejudgment Interest and Permanent Injunction [REDACTED] filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit 1 - [REDACTED] Trial Exhibit 981, #2 Exhibit 2 - Declaration of Carla Mulhern)(Morrison, Christopher) |
| Filing 315 Opposition re #304 MOTION for Judgment as a Matter of Law and Request for a New Trial filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 314 Opposition re #308 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 313 Opposition re #311 MOTION for New Trial Pursuant to Rule 59 [CORRECTED] filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit A)(Glitzenstein, Kurt) |
| Filing 312 NOTICE of Withdrawal of Appearance by Christopher B. Hadley (Hadley, Christopher) (Main Document 312 replaced on 5/24/2022) (Burgos, Sandra). |
| Filing 311 MOTION for New Trial Pursuant to Rule 59 [CORRECTED] by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit A - Defs' Proposed Verdict Form and Cover Email)(Morrison, Christopher) |
| Filing 310 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #307 Assented to MOTION to Seal Declaration of Kurt Glitzenstein in Support of its Motion for Enhanced Damages, Attorneys' Fees, Prejudgment Interest, and Permanent Injunction. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Burgos, Sandra) |
| Filing 309 Memorandum in Support MOTION for New Trial Pursuant to Rule 59 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit A - Defs' Proposed Verdict Form and Cover Email)(Morrison, Christopher) Modified docket text on 5/12/2022 (Burgos, Sandra). |
| Filing 308 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(b) by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 307 Assented to MOTION to Seal Declaration of Kurt Glitzenstein in Support of its Motion for Enhanced Damages, Attorneys' Fees, Prejudgment Interest, and Permanent Injunction by Rasmussen Instruments, LLC. (Attachments: #1 Declaration of Joy B. Kete)(Glitzenstein, Kurt) |
| Filing 306 DECLARATION re #305 MOTION for Attorney Fees , Enhanced Damages, Prejudgment Interest and Permanent Injunction of Kurt Glitzenstein REDACTED by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit A)(Glitzenstein, Kurt) |
| Filing 305 MOTION for Attorney Fees , Enhanced Damages, Prejudgment Interest and Permanent Injunction by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Glitzenstein, Kurt) |
| Filing 304 MOTION for Judgment as a Matter of Law and Request for a New Trial by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1)(Glitzenstein, Kurt) |
| Filing 303 Opposition re #287 MOTION for Judgment as a Matter of Law and opposition to Plaintiff's Judgment as a Matter of Law filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 287 MOTION for Judgment as a Matter of Law and opposition to Plaintiff's Judgment as a Matter of Law by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 286 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered Approving #283 Stipulation.(Castles, Martin) |
| Filing 285 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #263 Motion for Judgment as a Matter of Law; denying #278 Motion for Judgment as a Matter of Law; and granting #282 Motion for Leave to File. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures, (Castles, Martin) |
| Filing 284 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered terminating #117 Motion ; terminating #120 Motion ; terminating #204 Motion in Limine; terminating #206 Motion in Limine; terminating #209 Motion ; terminating #246 Motion in Limine; terminating #249 Motion for Clarification re #117 MOTION Preclude Testimony and opinions of Bruce Isaacson filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc., #120 MOTION Preclude Opinion of Jonathan Putnam filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc., #204 Sixth MOTION in Limine to Preclude Evidence and Argument Regarding Plaintiff's Alleged Future Damages filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc., #206 Seventh MOTION in Limine to Preclude Evidence and Argument Regarding the Removal of the Balanced Sizer as Proof of Culpable Intent filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc., #209 MOTION Guidance on Exhibits filed by Rasmussen Instruments, LLC, #246 Eighth MOTION in Limine To Preclude Evidence and Argument Regarding Damages Prior to October 2, 2020 Because of Failure to Mark the Zen Instrument Pursuant to 35 U.S.C. 287 filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc., #249 MOTION for Clarification re 244 Order,, Regarding EX 28 filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. Motions were resolved in open court during jury trial. (Castles, Martin) |
| Filing 283 STIPULATION and Proposed Order by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 282 MOTION for Leave to File Brief of 36 Pages Combining Opposition to Rasmussen's Rule 50(a) Motion and DePuy's Cross-Motion under Rule 50(a) by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Errata Proposed Opposition and Cross-Motion)(Morrison, Christopher) |
| Filing 281 JURY VERDICT in favor of Plaintiff against Defendant. (Castles, Martin) |
| Filing 280 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/14/2022, Case called, Counsel appear for jury trial day 14, Jury deliberations continue, Jury returns verdict in favor of the plaintiff, Jury excused from service with the thanks of the Court, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 279 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/11/2022, Case called, Counsel appear for jury trial day 13, Closing arguments of plaintiff and defendant given, Rebuttal of plaintiff given, Court supplements jury instructions, Jury deliberations commence, Jury excused for the day, ( Jury Trial continued to 3/14/2022 at 9:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman), (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 278 MOTION for Judgment as a Matter of Law by Rasmussen Instruments, LLC.(Glitzenstein, Kurt) |
| Filing 277 Objection to #276 Brief by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Request for Clarification of Jury Instructions. (Morrison, Christopher) |
| Filing 276 BRIEF by Rasmussen Instruments, LLC Requesting Clarification of Jury Instructions. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Glitzenstein, Kurt) |
| Filing 275 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/10/2022, Case called, Counsel appear for jury trial day 12, Plaintiff's rebuttal case continues with witness testimony, Plaintiff rests, Defendant rests, Court charges jury, Jury trial continued to 3/11/22 at 9:00am. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 274 Opposition re #263 MOTION for Judgment as a Matter of Law filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 273 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/9/2022, Case called, Counsel appear for jury trial day 11, Defendant's case continues with witness testimony, Defendant rests, Plaintiff's rebuttal case commences with witness testimony, Jury trial continued to 3/10/22 at 9:00am. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 272 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered overruling #259 Objection filed by Rasmussen Instruments, LLC.(Castles, Martin) |
| Filing 271 Response by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to #268 Objection to Mulhern Slides. (Morrison, Christopher) |
| Filing 270 Response by Rasmussen Instruments, LLC to Depuy's Objections to Proposed Additional Jury Instructions and Edits to Court's Proposed Instructions. (Glitzenstein, Kurt) |
| Filing 269 Proposed Jury Instructions by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 268 Objection by Rasmussen Instruments, LLC to DePuy Damages Expert's Slides. (Attachments: #1 Exhibit 1)(Glitzenstein, Kurt) |
| Filing 267 Objection by Rasmussen Instruments, LLC to Exhibits and Demonstrative for Jorge Ochoa PhD (Updated). (Attachments: #1 Exhibit 1)(Glitzenstein, Kurt) |
| Filing 266 Response by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to March 8, 2022 Draft Jury Instructions. (Attachments: #1 Exhibit Tracked Changes (Soft Copy to Follow))(Morrison, Christopher) |
| Filing 265 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to Rasmussen's Rebuttal Slides and Exhibits. (Attachments: #1 Exhibit Putnam Rebuttal Slide, #2 Exhibit Deberardino Slides 9.55 and 9.56, #3 Exhibit Deberardino Slide 9.51, #4 Exhibit Deberardino Slides 9.6, 9.40, 9.41)(Morrison, Christopher) |
| Filing 264 Objection to #261 Proposed Jury Instructions by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. . (Attachments: #1 Exhibit Email confirming DePuy will not assert that the accused instruments are covered by a patent, #2 Exhibit Rasmussen's Objection to use of TX 1112, #3 Exhibit DePuy's agreement to withdraw TX 1112 for Mr. Rock's testimony)(Morrison, Christopher) |
| Filing 263 MOTION for Judgment as a Matter of Law by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 262 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/8/2022, Case called, Counsel appear for jury trial day 10, Defendant's case continues with witness testimony, Jury trial continued to 3/9/22 at 8:30am, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 261 Proposed Jury Instructions by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Glitzenstein, Kurt) |
| Filing 260 Response by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to #259 Objection to Exhibits and Demonstratives for Dr. Ochoa. (Morrison, Christopher) |
| Filing 259 Objection by Rasmussen Instruments, LLC to Exhibits and Demonstratives for Jorge Ochoa Ph.D.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Glitzenstein, Kurt) |
| Filing 258 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/7/2022, Case called, Counsel appear for jury trial day 9, Defendant's case continues with witness testimony, Jury trial continued to 3/8/22 at 9:00am. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 257 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/4/2022, Case called, Counsel appear for jury trial day 8, Plaintiff's case continues with witness testimony, Plaintiff rests, Defendant's case commences with witness testimony, Jury trial continued to 3/7/22 at 9:00am. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 256 Set/Reset Hearings: Jury Trial set for 3/7/2022 09:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. Jury Trial set for 3/8/2022 09:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. Jury Trial set for 3/9/2022 09:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. Jury Trial set for 3/10/2022 09:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. Jury Trial set for 3/11/2022 09:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 255 Response by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to #254 Objection to Admission of TX 1304 and 1316. (Morrison, Christopher) |
| Filing 254 Objection by Rasmussen Instruments, LLC to Depuy's Physical Instruments TX-1316 and TX-1304. (Glitzenstein, Kurt) |
| Filing 253 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/3/2022, Case called, Counsel appear for jury trial day 7, Plaintiff's case continues with witness testimony, Jury trial continued to 3/4/22 at 9:00am, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 252 NOTICE by Rasmussen Instruments, LLC of Deposition Designations for Entry on the Docket (Attachments: #1 Exhibit 1 - TX 1331 Shupe Depo Clip, #2 Exhibit 2 - TX 1334 Czartoski Depo Clip, #3 Exhibit 3 - TX 1335 Edwards Depo Clip, #4 Exhibit 4 - TX 1336 Arkle Depo Clip, #5 Exhibit 5 - TX 1337 Heldreth Depo Clip, #6 Exhibit 6 - TX 1338 Reeve Depo Clip, #7 Exhibit 7 - TX 1339 McDaniel Depo Clip, #8 Exhibit 8 - TX 1340 Wallace Depo Clip, #9 Exhibit 9 - TX 1341 Rock Depo Clip)(Glitzenstein, Kurt) |
| Filing 251 RESPONSE to Motion re #246 Eighth MOTION in Limine To Preclude Evidence and Argument Regarding Damages Prior to October 2, 2020 Because of Failure to Mark the Zen Instrument Pursuant to 35 U.S.C. 287 filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Glitzenstein, Kurt) |
| Filing 250 BRIEF by Rasmussen Instruments, LLC 's Evidentiary Proffer Regarding Foreign Infringement. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Glitzenstein, Kurt) |
| Filing 249 MOTION for Clarification re 244 Order,, Regarding EX 28 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 248 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to Demonstrative Exhibits Proposed for Use with Dr. J. Putnam. (Morrison, Christopher) |
| Filing 247 Opposition re #120 MOTION Preclude Opinion of Jonathan Putnam filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Errata 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 10)(Glitzenstein, Kurt) |
| Filing 246 Eighth MOTION in Limine To Preclude Evidence and Argument Regarding Damages Prior to October 2, 2020 Because of Failure to Mark the Zen Instrument Pursuant to 35 U.S.C. 287 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 245 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to Plaintiff's Designation of Deposition Testimony of Carla Mulhern. (Morrison, Christopher) |
| Filing 244 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered re #235 Objection, filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc., #227 Objection filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. The Defendants' Objections to Plaintiff's Deposition Designations of Mick Rock (Document #227) are overruled as to 83:20-86-5, and sustained as to 244:11-248:19. The Defendants' Objections to Plaintiff's Supplemental Deposition Designations (Document #235) are overruled. (Castles, Martin) |
| Filing 243 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/2/2022, Case called, Counsel appear for jury trial day 6, Plaintiff's case continues with witness testimony, Jury trial continued to 3/3/22 at 9:00am, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 242 Notice of Supplemental Authorities re #120 MOTION Preclude Opinion of Jonathan Putnam (Supplemental Memorandum of Law) filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Excerpts of Putnam Deposition, #2 Exhibit Pre-Admitted TX 55.3, #3 Exhibit Excerpts of Trial Transcripts)(Morrison, Christopher) |
| Filing 241 Response by Rasmussen Instruments, LLC to DePuy's Objections re Dr. Deberardino's Direct Examination Slides. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Glitzenstein, Kurt) |
| Filing 240 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to Dr. DeBeradino Demonstratives and Testimony. (Attachments: #1 Exhibit Objectionable Slides, #2 Errata Supplemental Report)(Morrison, Christopher) |
| Filing 239 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/1/2022, Case called, Counsel appear for jury trial day 5, Plaintiff's case continues with witness testimony, Jury trial continued to 3/2/22 at 9:00am, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 238 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered re #228 Objection filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. and #235 Objection, filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. The Defendants' objections to exhibits 373 and 374 are sustained. The Defendants objections to deposition testimony at 105:13-107:11, and 139:7-147:22 are overruled. All other objections are sustained, including the objections to Plaintiff's supplemental deposition designations of Mr. Reeve.(Castles, Martin) |
| Filing 237 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered re #214 Objection, filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. The Defendants' objections to Plaintiff's Deposition Designations and exhibits of Jon Edwards are overruled except for Page 169:10 169:14, which is sustained. (Castles, Martin) Modified on 2/28/2022 (Castles, Martin). |
| Filing 236 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 2/28/2022, Case called, Counsel appear for jury trial day 4, Plaintiff's case continues with witness testimony, Jury trial continued to 3/1/22 at 9:00am, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Castles, Martin) |
| Filing 235 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to Supplemental Deposition Designations of Reeve, Rock, and Wallace. (Attachments: #1 Exhibit Ex. A--Proposed Trial Ex. 456 (partial), #2 Exhibit Ex. B--Reeve Excerpts, #3 Exhibit Ex. C--Proposed Trial Ex. 111, #4 Exhibit Ex. D--Rock Excerpts, #5 Exhibit Ex. E--Proposed Trial Ex 396 and 489, #6 Exhibit Ex. F--Wallace Excerpts)(Morrison, Christopher) |
| Filing 234 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. re #230 Objection filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. The Defendants Objections to Plaintiffs Deposition Designations of Samuel Arkle (Dx #230 are sustained as to Trial Exhibit #349, and sustained as to deposition testimony 215:11-216:7, 216:10-216:14, 221:10-221:17, 222:20-222:23, and overruled as to the remaining objection.(Burgos, Sandra) |
| Filing 233 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. re #229 Objection filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. The Defendants objections to trial exhibit #149, and deposition testimony are overruled, except for the objection to 174:2-180:3, which is sustained.(Burgos, Sandra) |
| Filing 232 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial DAY 3 held on 2/24/2022. Cont'd exam of Dr. Rasmussen (direct/cross); trial to resume on 2/28/22 at 9:00 AM in courtroom 2 (in-person/Worcester) before Judge Timothy S. Hillman. (Court Reporters: Marianne Kusa-Ryll at justicehill@aol.com and Debra Joyce at joycedebra@gmail.com)(Attorneys present: various) (Lovett, Jarrett) |
| Filing 231 Response by Rasmussen Instruments, LLC in Opposition to DePuy's Deposition Designation Objections. (Glitzenstein, Kurt) |
| Filing 230 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Samuel Arkle. (Morrison, Christopher) |
| Filing 229 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Deposition Designations and Exhibits offered with M. Heldreth. (Morrison, Christopher) |
| Filing 228 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Deposition Designations and Exhibits offered with M. Reeve. (Morrison, Christopher) |
| Filing 227 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Deposition Designations and Exhibits offered with Michael Rock. (Morrison, Christopher) |
| Filing 226 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Deposition Designations and Exhibits offered with Matt Wallace. (Morrison, Christopher) |
| Filing 225 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. The Defendants Objections to Plaintiffs Deposition Designations of Timothy Czartoski (document #212) are denied.(Burgos, Sandra) |
| Filing 224 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial DAY 2 held on 2/23/2022. Preliminary instructions given to the Jury; claims and defenses addressed with the Jury; FJC video re patents viewed; opening statement given by both parties; trial date of 2/25/22 cancelled in light of expected inclement weather; pltff called Dr. G. Lynn Rasmussen; witness sworn and testified (direct); demonstratives used with said testimony; scheduling addressed with counsel; Jury Trial to resume on 2/24/22 at 9:00 AM in courtroom 2 (in-person) before Judge Timothy S. Hillman. (Court Reporters: Marianne Kusa-Ryll at justicehill@aol.com; Debra Joyce at joycedebra@gmail.com)(Attorneys present: Various) (Lovett, Jarrett) |
| Filing 223 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial DAY 1 held on 2/22/2022. Introductions given by the Court and counsel; counts of the complaint addressed, briefly; Jury pool sworn; voir dire conducted; peremptory challenges exercised; Jury of 8 selected and excused; motions in limine argued; Dr. Putnam's report submitted (in camera review); logistic addressed; Jury Trial to resume on 2/23/2022 at 9:00 AM in courtroom 2 before Judge Timothy S. Hillman. (Court Reporters: Marianne Kusa-Ryll at justicehill@aol.com; Debra Joyce at joycedebra@gmail.com )(Attorneys present: Glitzenstein, Griffith, Kete, Koglman, Morrison, Norton, Ranks, Stitt) (Lovett, Jarrett) |
| Filing 222 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. re #215 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Objections to Deposition Designations of S. Shupe. The Defendants objection on Page 31:06 to 31:16 are sustained. All other objections are overruled.(Burgos, Sandra) |
| Filing 221 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. re #213 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to Plaintiff's Opening Statement Demonstratives. Defendants Objections are OVERRULED, except for slide PDX-55 which, for the purposes of opening only, shall delete the February 14, 2022 timeline notation. The court is reserving ruling on the admissibility of the purported withdrawal of the Balanced Sizer from the field.. NO COUNSEL SHALL REFER TO DEPUY WITHDRAWING THE BALANCED SIZER FROM THE FIELD DURING THEIR OPENING.(Burgos, Sandra) |
| Filing 220 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. re #211 Objection by Rasmussen Instruments, LLC to Depuy's Revised Contingent Counters. Rasmussen designation to be included. (Burgos, Sandra) |
| Filing 219 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. re #210 Objection by Rasmussen Instruments, LLC to DePuy's Opening Statement Demonstratives. No action taken based upon representations made by the parties during oral argument on this motion.(Burgos, Sandra) |
| Filing 218 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered reserving ruling on #209 Motion Guidance on Exhibits. (Burgos, Sandra) |
| Filing 217 Opposition re #209 MOTION Guidance on Exhibits filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 216 NOTICE of Appearance by Meaghan P. Luster on behalf of Rasmussen Instruments, LLC (Luster, Meaghan) |
| Filing 215 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Objections to Deposition Designations of S. Shupe. (Attachments: #1 Objections to Plaintiff's Depo Designations (S. Shupe))(Morrison, Christopher) |
| Filing 214 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Objections to Deposition Designations for J. Edwards. (Attachments: #1 Objections to Plaintiff's Depo Designations (J. Edwards))(Morrison, Christopher) |
| Filing 213 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. to Plaintiff's Opening Statement Demonstratives. (Attachments: #1 Slides to which Defendant has an objection)(Morrison, Christopher) |
| Filing 212 Objection by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Objections to Plaintiff's Deposition Designations for T. Czartoski. (Attachments: #1 Objections to Plaintiff's Depo Designations (Tim Czartoski))(Morrison, Christopher) |
| Filing 211 Objection by Rasmussen Instruments, LLC to Depuy's Revised Contingent Counters. (Glitzenstein, Kurt) |
| Filing 210 Objection by Rasmussen Instruments, LLC to DePuy's Opening Statement Demonstratives. (Glitzenstein, Kurt) |
| Filing 209 MOTION Guidance on Exhibits by Rasmussen Instruments, LLC.(Glitzenstein, Kurt) |
| Filing 208 RESPONSE to Motion re #206 Seventh MOTION in Limine to Preclude Evidence and Argument Regarding the Removal of the Balanced Sizer as Proof of Culpable Intent filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 207 RESPONSE to Motion re #204 Sixth MOTION in Limine to Preclude Evidence and Argument Regarding Plaintiff's Alleged Future Damages filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1)(Glitzenstein, Kurt) |
| Filing 206 Seventh MOTION in Limine to Preclude Evidence and Argument Regarding the Removal of the Balanced Sizer as Proof of Culpable Intent by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 205 NOTICE of Appearance by John Farrell on behalf of Rasmussen Instruments, LLC (Farrell, John) |
| Filing 204 Sixth MOTION in Limine to Preclude Evidence and Argument Regarding Plaintiff's Alleged Future Damages by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 203 District Judge Timothy S. Hillman: ORDER entered granting #201 Motion for Leave to Appear Pro Hac Vice Added Gregory A. Castanias. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Burgos, Sandra) |
| Filing 202 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #197 Motion for Leave to Appear Pro Hac Vice Added John M. Farrell. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Burgos, Sandra) |
| Filing 201 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Gregory A. Castanias Filing fee: $ 100, receipt number CMADC-9189044 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Declaration of Gregory A. Castanias)(Morrison, Christopher) |
| Filing 200 Assented to MOTION for Leave to File Admission Pro Hac Vice of Gregory A. Castanias by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Declaration of Gregory a. Castanias, Esq.)(Morrison, Christopher) |
| Motions terminated: #200 Assented to MOTION for Leave to File Admission Pro Hac Vice of Gregory A. Castanias filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc.. See #201 for correct motion. (Burgos, Sandra) |
| Filing 199 AMENDED Infringement Contentions by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1)(Glitzenstein, Kurt) Modified docket text on 2/17/2022 (Burgos, Sandra). |
| Filing 198 Preliminary Invalidity and Non-Infringement Contentions by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 '180 Patent invalidity chart--Alain, #2 '180 Patent invalidity chart--Axelson, #3 '180 Patent invalidity chart--Eng, #4 '180 Patent invalidity chart--Stegmuller, #5 '180 Patent invalidity chart--Schifrine, #6 '180 Patent invalidity chart--TRAM, #7 '180 Patent invalidity chart--LCS, #8 '180 Patent invalidity chart--Rasmussen 2006 Publication, #9 '180 Patent invalidity chart--Sigma, #10 '583 Patent invalidity chart--Alain, #11 '583 Patent invalidity chart--Axelson, #12 '583 Patent invalidity chart--Eng, #13 '583 Patent invalidity chart--Stegmuller, #14 '583 Patent invalidity chart--Schiftine, #15 '583 Patent invalidity chart--TRAM, #16 '583 Patent invalidity chart--LCS, #17 '583 Patent invalidity chart--Rasmussen 2006 Publication, #18 '583 Patent invalidity chart--Sigma, #19 '180 Patent noninfringement chart, #20 '583 Patent noninfringement chart)(Morrison, Christopher) |
| Filing 197 MOTION for Leave to Appear Pro Hac Vice for admission of John M. Farrell Filing fee: $ 100, receipt number AMADC-9188152 by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1 - Certification of John M. Farrell)(Glitzenstein, Kurt) |
| Filing 192 ELECTRONIC NOTICE OF RESCHEDULING. Jury Trial reset for 2/22/2022 at 9:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 196 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 195 Transcript of Motion Hearing held on February 9, 2022, before Judge Timothy S. Hillman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/17/2022. Release of Transcript Restriction set for 5/16/2022. (Coppola, Katelyn) |
| Filing 194 Transcript of Motion Hearing held on February 8, 2022, before Judge Timothy S. Hillman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/17/2022. Release of Transcript Restriction set for 5/16/2022. (Coppola, Katelyn) |
| Filing 193 Transcript of Telephonic Conference held on February 4, 2022, before Judge Timothy S. Hillman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/17/2022. Release of Transcript Restriction set for 5/16/2022. (Coppola, Katelyn) |
| Filing 191 Amended Proposed Jury Instructions by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 190 Proposed Jury Instructions by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 189 Proposed Document(s) submitted by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. Document received: Proposed Jury Instructions and Verdict Form. (Attachments: #1 Exhibit Proposed Jury Instructions, #2 Exhibit Proposed Verdict Form)(Morrison, Christopher) |
| Filing 188 Proposed Jury Verdict by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 187 Joint Trial Exhibit List by Rasmussen Instruments, LLC.. (Glitzenstein, Kurt) |
| Filing 186 Joint Proposed Voir Dire by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 185 District Judge Timothy S. Hillman: ORDER entered. TRIAL SCHEDULING ORDER: Jury selection will take place on Friday, February 18, 2022 at 9:00am. Because of counsels' uncertain trial time estimates, the Court will require openings on that day, if time permits. Each side will be allotted 17.5 hours per side for trial presentation, which shall include openings and closings. (Castles, Martin) |
| Filing 184 District Judge Timothy S. Hillman: ORDER entered granting #47 Motion for Leave to File Document; denying #50 Motion to Compel; denying #69 Motion to Compel; granting #76 Motion to Seal; granting #77 Motion to Compel; denying #110 Motion to Strike, reserving ruling on #117 Motion ; reserving ruling on #120 Motion ; granting in part and denying in part #151 Motion in Limine; denying #152 Motion in Limine. (Castles, Martin) |
| Filing 183 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 2/9/2022, Court hears arguments of counsel on pending motions, Court takes motions under advisement, Court continues trial date, ( Jury Trial reset for 2/18/2022 at 9:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman), (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Several) (Castles, Martin) |
| Filing 182 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 2/8/2022, Case called, Counsel appear by video-conference for motion hearing, Court hears arguments of counsel on pending motions, Court takes motions under advisement and continues motion hearing, ( Motion Hearing set for 2/9/2022 at 3:30 PM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman), (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Several) (Castles, Martin) |
| Filing 179 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Conference held on 2/4/2022, Case called, Counsel appear by telephone for status conference, Court and counsel discuss upcoming trial date, Court explains empanelment procedure and general trial practices, Motion hearing is set for 2/8/22 at 2:15pm. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Several) (Castles, Martin) |
| Filing 176 ELECTRONIC NOTICE Setting Hearing on all pending Motions. Motion Hearing set for 2/8/2022 at 2:15 PM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) |
| Filing 175 REPORT of Alternative Dispute Resolution Provider. Mediation scheduled for February 4, 2022 is canceled after telephone conference with counsel. Case to be returned to the District Judge. (Belpedio, Lisa) |
| Filing 174 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Telephone Conference held on 2/3/2022. Case called, counsel appear by telephone, after hearing from counsel, the mediation scheduled for February 4, 2022 is canceled. Counsel are welcome to ask jointly for a mediation referral if circumstances change. (Court Reporter: None.)(Attorneys present: Griffith, Morrison, Glitzenstein, Zucchi, Hadley, Pecht, Ranks) (Belpedio, Lisa) |
| Filing 173 ELECTRONIC NOTICE OF RESCHEDULING. Telephone Conference reset for 2/4/2022 at 9:00 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 181 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 180 Transcript of Motion Hearing and Final Pretrial Conference held on January 18, 2022, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Joan Daly at joanmdaly62@gmail.com. Redaction Request due 2/23/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/3/2022. (Coppola, Katelyn) |
| Filing 172 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 2/4/2022 at 10:30 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 171 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #170 Motion to Continue Trial. (Castles, Martin) |
| Filing 170 MOTION to Continue Trial to March 2022 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Transcript of 1/26/2022 Pretrial, #2 Exhibit Email from Clerk, #3 Exhibit Joint Pretrial Memo)(Morrison, Christopher) |
| District Judge Timothy S. Hillman: ORDER entered. Jury Trial set for 2/14/2022 09:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Timothy S. Hillman.(Castles, Martin) |
| Filing 169 ELECTRONIC NOTICE of Reassignment. District Judge Timothy S. Hillman added. Judge William G. Young no longer assigned to case. (Finn, Mary) |
| Filing 168 Judge William G. Young: ORDER of Transfer entered. (Gaudet, Jennifer) |
| Filing 167 Judge William G. Young: ELECTRONIC ORDER entered denying #166 Emergency Motion to Continue Trial to March 2022 or thereafter by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. (Gaudet, Jennifer) |
| Filing 166 Emergency MOTION to Continue Trial to March 2022 or thereafter by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Pretrial Conference Transcript, #2 Exhibit Email from Clerk)(Morrison, Christopher) |
| Filing 165 ELECTRONIC NOTICE of ADR Conference; Alternative Dispute Resolution Hearing set for 2/4/2022 10:00 AM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. Hearing will be conducted by video. TRIAL counsel and ALL NAMED PLAINTIFFS AND DEFENDANTS are ORDERED to be present and to have full settlement authority UNLESS EXCUSED BY THE COURT. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to lisa_belpedio@mad.uscourts.gov THREE BUSINESS DAYS before the hearing. The mediation memo should be marked "Confidential - Not for Docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, contact the Courtroom Deputy. But, if the date poses a serious conflict, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling. Counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION TO CONTINUE the mediation, including therein several proposed dates for which all counsel and principals are available. It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process. (Belpedio, Lisa) |
| Filing 164 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Further Final Pretrial Conference held on 1/26/2022 by video. The Court inquires as to settlement. The case will proceed as a jury case. Counsel shall notify the clerk re referral to Magistrate Judge Bowler for mediation. The Court explains to counsel where this case falls on the list of upcoming jury trials and notifies counsel that it will not reach out to any other Judge to try the case until after the Court meeting on February 1, 2022. If oral arguments are necessary for any outstanding motions, a hearing will be scheduled. Motions to preclude/strike will be ruled on prior to commencement of trial. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Attorney Glitzenstein for the plaintiff and Attorney Griffith for the defendant. Various other attorneys appear on behalf of all parties.) (Gaudet, Jennifer) |
| Filing 163 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 1/18/2022 by video re #109 MOTION for Partial Summary Judgment filed by DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Medical Device Business Services, Inc. After hearing arguments of counsel, the Court enters an order denying #109 Motion for Partial Summary Judgment for the reasons stated on the record. Final Pretrial Conference held on 1/18/2022: The Court inquires as to settlement and explains jury trial proceedings during the ongoing pandemic. The trial is to take no longer than 20 days with six (6) peremptories per side if 12 jurors selected (3 peremptories per side if a jury of six (6) is selected). A further final pretrial conference is scheduled for January 26, 2022 at 10:00 AM BY VIDEO. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.( Final Pretrial Conference set for 1/26/2022 10:00 AM in Remote Proceeding : Boston before Judge William G. Young.) (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Attorneys Glitzenstein, Zucchi, Kete, Ranks and Hadley for the plaintiff and Attorney Griffith, Morrison, Norton, Stitt and Hartenstein for the defendants) (Gaudet, Jennifer) |
| Filing 162 NOTICE by Rasmussen Instruments, LLC and DePuy Synthes Products, Inc., et al. of Objections to Exhibits and Witnesses (Glitzenstein, Kurt) |
| Filing 161 PRETRIAL MEMORANDUM by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 160 ELECTRONIC NOTICE OF RESCHEDULING. Final Pretrial Conference reset for 1/18/2022 at 2:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 159 ELECTRONIC NOTICE Resetting Hearing on Motion #109 MOTION for Partial Summary Judgment : Motion Hearing set for 1/18/2022 at 02:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 158 ELECTRONIC NOTICE issued requesting courtesy copy for #157 Response to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 157 RESPONSE to Motion re #151 MOTION in Limine filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1 - Ras Suppl Resp to DePuy ROG 3, #2 Exhibit 2 - DePuy-Ras_0030580_Redacted, #3 Exhibit 3 - DePuy 2d Suppl Resps to RasROG 2, #4 Exhibit 4 - Tarkus Imaging Inc v Adobe Sys Inc, #5 Exhibit 5 - DePuy-Ras_00306765, 7339, 8023_Redacted, #6 Exhibit 6 - DeBerardino Infringement Report, #7 Exhibit 7 - Rasmussen RFPs to DePuy, #8 Exhibit 8 - 2021-04-01 Ltr to Kete fr Morrison re affirmative discovery, #9 Exhibit 9 - 2021-05-12 Ltr to Kete fr Morrison re Discovery, #10 Exhibit 10 - Excerpted Mulhern Rebuttal Report_Redacted, #11 Exhibit 11 - Shupe Dep Excerpts, #12 Exhibit 12 - Arkle Dep Excerpts, #13 Exhibit 13 - 2021-06-11 Em fr Morrison to Kete, #14 Exhibit 14 - McKibbin Dep Excerpts, #15 Exhibit 15 - Czartoski Dep Excerpts, #16 Exhibit 16 - Reeve Dep Excerpts, #17 Exhibit 17 - Wallace Dep Excerpts, #18 Exhibit 18 - Edwards Dep Excerpts, #19 Exhibit 19 - Heldreth Dep Excerpts)(Glitzenstein, Kurt) |
| Filing 156 Opposition re #152 MOTION in Limine Omnibus filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Excerpts of Ochoa Testimony)(Morrison, Christopher) |
| Filing 155 Response by Rasmussen Instruments, LLC to #154 Letter/request (non-motion) . (Glitzenstein, Kurt) |
| Filing 154 Letter/request (non-motion) from C.P. Griffith . (Morrison, Christopher) |
| Filing 153 ELECTRONIC NOTICE issued requesting a SINGLE-SIDED courtesy copy for #149 Statement of Material Facts L.R. 56.1, #145 Declaration, #148 Reply to Response to Motion, #146 Reply to Response to Motion, #144 Reply to Response to Motion, #143 Reply to Response to Motion, #147 Declaration,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 152 MOTION in Limine Omnibus by Rasmussen Instruments, LLC.(Glitzenstein, Kurt) |
| Filing 151 MOTION in Limine by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 150 STIPULATION Joint Pre-Trial by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 149 Statement of Material Facts L.R. 56.1 re #109 MOTION for Partial Summary Judgment filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 148 REPLY to Response to #109 MOTION for Partial Summary Judgment filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 147 DECLARATION re #146 Reply to Response to Motion of Christopher M. Morrison by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Excerpts of Isaacson Testimony, #2 Exhibit Excerpt of Depuy-Ras 00233651, #3 Exhibit Excerpts of Siliski Testimony, #4 Exhibit Excerpts of Czartoski Testimony, #5 Exhibit Excerpts of Heldreth Testimony, #6 Exhibit Excerpts of McKibbin Testimony, #7 Exhibit Excerpts of McDaniel Testimony)(Morrison, Christopher) |
| Filing 146 REPLY to Response to #117 MOTION Preclude Testimony and opinions of Bruce Isaacson filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 145 DECLARATION re #143 Reply to Response to Motion of Christopher M. Morrison by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Excerpts of Kamara Transcript, #2 Exhibit Excerpt of DePuy-Ras 00216813, #3 Exhibit Excerpt of DePuy-Ras 00233651, #4 Exhibit Excerpts of Putnam Transcript, #5 Exhibit Excerpts of DeBernadino Infrigement Report)(Morrison, Christopher) |
| Filing 144 REPLY to Response to #110 MOTION to Strike DePuy's Experts' Opinions filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 17)(Glitzenstein, Kurt) |
| Filing 143 REPLY to Response to #120 MOTION Preclude Opinion of Jonathan Putnam filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 142 ELECTRONIC NOTICE issued requesting a SINGLE-SIDED PAPER courtesy copy for #139 Affidavit in Support,,,, #138 Memorandum in Opposition to Motion, #122 Declaration,, #140 Memorandum in Opposition to Motion,, #117 MOTION Preclude Testimony and opinions of Bruce Isaacson , #110 MOTION to Strike DePuy's Experts' Opinions, #121 Memorandum in Support of Motion, #137 Memorandum in Opposition to Motion, #119 Declaration,,, #118 Memorandum in Support of Motion, #120 MOTION Preclude Opinion of Jonathan Putnam , #136 Opposition to Motion, #141 Response, #114 Declaration. Counsel who filed this document are requested to submit a SINGLE-SIDED PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 141 Response to [111-1] DePuy's Statement of Undisputed Facts Response by Rasmussen Instruments, LLC to #140 Memorandum in Opposition to Motion,, . (Glitzenstein, Kurt) |
| Filing 140 MEMORANDUM in Opposition re #109 MOTION for Partial Summary Judgment filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Glitzenstein, Kurt) |
| Filing 139 AFFIDAVIT in Support Of Opposition to Motion to Strike. (Attachments: #1 Exhibit Rasmussen Depo excerpts, #2 Exhibit DePuy response to Second Interrogatories, #3 Exhibit DePuy Supplemental response to First Interrogatories, #4 Exhibit DePuy response to Third Interrogatories, #5 Exhibit Arkle Depo excerpts, #6 Exhibit Edwards Depo excerpts, #7 Exhibit Heldreth Depo excerpts, #8 Exhibit Czartoski Depo excerpts, #9 Exhibit Reeve Depo excerpts, #10 Exhibit Wallace Depo excerpts, #11 Exhibit Rock Depo excerpts, #12 Exhibit Arkle Ex. 86, #13 Exhibit Make to Order Surgical Technique, #14 Exhibit Solo Instruments Surgical Guide, #15 Exhibit Themis Balancer Surgical Technique, #16 Exhibit Knee3 Surgical Technique, #17 Exhibit Trumatch Technique, #18 Exhibit Letter from Kete to Morrison, #19 Exhibit Rasmussen Supplemental Response to Interrogatories, #20 Exhibit Mulhern Depo excerpts, #21 Exhibit Ochoa Depo excerpts, #22 Exhibit DeBernadino Report)(Morrison, Christopher) |
| Filing 138 MEMORANDUM in Opposition re #120 MOTION Preclude Opinion of Jonathan Putnam filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Glitzenstein, Kurt) |
| Filing 137 MEMORANDUM in Opposition re #117 MOTION Preclude Testimony and opinions of Bruce Isaacson filed by Rasmussen Instruments, LLC. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Glitzenstein, Kurt) |
| Filing 136 Opposition re #110 MOTION to Strike DePuy's Experts' Opinions filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 135 MEMORANDUM in Support re #110 MOTION to Strike DePuy's Experts' Opinions [Corrected] filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Glitzenstein, Kurt) |
| Filing 134 DECLARATION re #120 MOTION Preclude Opinion of Jonathan Putnam by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit B. Lodged in Camera, #2 Exhibit C. Redacted Excerpts from Putnam deposition transcript, #3 Exhibit D. Removed from filing, #4 Exhibit E. Removed from filing, #5 Exhibit F. Removed from filing, #6 Exhibit G. Removed from filing, #7 Exhibit H. PWC Study, #8 Exhibit I. WSJ Article, #9 Exhibit J. Michigan Law Review Article, #10 Exhibit K. Excerpts from Kamara Deposition transcript, #11 Exhibit L. Redacted Putnam Rebuttal Report and Exhibits, #12 Exhibit M. Iyer Declaration, #13 Exhibit N. Ochoa Declaration)(Morrison, Christopher) |
| Filing 133 MEMORANDUM in Support re #120 MOTION Preclude Opinion of Jonathan Putnam filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 132 DECLARATION re #117 MOTION Preclude Testimony and opinions of Bruce Isaacson by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit B. Expert Report of Isaacson and Exhibits, #2 Exhibit C. Excerpts from Isaacson deposition transcript, #3 Exhibit D. DePuy-Ras_00313339, #4 Exhibit E. Excerpts from Iyer Supplemental Expert Report, #5 Exhibit F. October 27 Zucchi Email, #6 Exhibit G. October 28 email between Norton and Zucchi, #7 Exhibit H. Rebuttal Report of Jorge Ochoa, #8 Exhibit I. Rebuttal Expert Report of Sean Iyer, #9 Exhibit J. Kamara Expert Report, #10 Exhibit K. Rebuttal Report of DeBerardino, #11 Exhibit L. Removed from filing, #12 Exhibit M. DeSimone Article, #13 Exhibit N. Barry Order, #14 Exhibit O. Sean Iyer Declaration, #15 Exhibit P. Ochoa Declaration)(Morrison, Christopher) |
| Filing 131 MEMORANDUM in Support re #117 MOTION Preclude Testimony and opinions of Bruce Isaacson filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 130 DECLARATION re #109 MOTION for Partial Summary Judgment by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit A. US 10,517,583, #2 Exhibit B. US 6,056,756, #3 Exhibit C. Attune Cemented Primary Knee Surgical Tech., #4 Exhibit D. 2021-08-5 EX. 8 Rasmussen Rog Resp., #5 Exhibit E. DeBerardino Infringement Report, #6 Exhibit F. Rebuttal Report of DeBerardino, #7 Exhibit G. Excerpts from Isascson deposition transcript, #8 Exhibit H. Excerpts from Arkle deposition transcript, #9 Exhibit I. Excerpts from Czartoski deposition transcript, #10 Exhibit J. Excerpts from Edwards deposition transcript, #11 Exhibit K. Excerpts from Gupta deposition transcript, #12 Exhibit L. Excerpts from McKibbin deposition transcript, #13 Exhibit M. Excerpts from Reeve deposition transcript, #14 Exhibit N. Excerpts from Heldreth deposition transcript, #15 Exhibit O. Excerpts from Def. Responses to Plain. Third Set of Interrogatories, #16 Exhibit P. Email from Arkle to Gupta (12.3.2014), #17 Exhibit Q. DePuy-Ras_00329595, #18 Exhibit R. 2021.08.05 Ex. 3 to Rog Resp., #19 Exhibit S. '583 Patent claim chart, #20 Exhibit T. Excerpts from DeBerardino deposition, #21 Exhibit U. Excerpts from Ochoa Opening Expert Report, #22 Exhibit V. Excerpts from Ochoa Supplemental Rebuttal Expert Report, #23 Exhibit W. Excerpts from Ochoa Deposition transcript, #24 Exhibit X. Eng prototype photos, #25 Exhibit Affidavit of Jorge Ochoa)(Morrison, Christopher) |
| Filing 129 MEMORANDUM in Support re #109 MOTION for Partial Summary Judgment filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Defendants' Statement of Undisputed Facts In Support Of Their Motion for Partial Summary Judgment)(Morrison, Christopher) |
| Filing 128 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Status Conference held on 11/24/2021 by video. The Court reviews sealing of documents. The only things to be sealed are actual trade secrets. Peters' expert report to be filed IN CAMERA. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Glitzenstein, Kete, Ranks and Zucchi for the plaintiff and Attorneys Morrison and Griffith for the defendants) (Gaudet, Jennifer) |
| Filing 127 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 11/24/2021 at 9:00 AM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 126 ELECTRONIC NOTICE of Hearing. Status Conference set for 11/23/2021 at 11:00 AM - Remote only - before Judge William G. Young.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 125 Judge William G. Young: ELECTRONIC ORDER entered re #108 Motion to Seal and #116 Motion to Seal. (Paine, Matthew) The motions to seal are denied without prejudice and a status conference to follow. |
| Filing 124 Judge William G. Young: ORDER entered; PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference set for 1/18/2022 3:00 PM in Courtroom 18 before Judge William G. Young. This hearing will be held at the conclusion of the motion session set for 1/18/2022 at 2:00 PM. A joint pretrial memorandum is due on or before 1/10/2022.(Gaudet, Jennifer) |
| Filing 123 ELECTRONIC NOTICE Setting Hearing on Motion #109 MOTION for Partial Summary Judgment : Motion Hearing set for 1/18/2022 at 2:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 122 DECLARATION re #120 MOTION Preclude Opinion of Jonathan Putnam by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit B. Sealed, #2 Exhibit C. Sealed, #3 Exhibit D. Sealed, #4 Exhibit E. Sealed, #5 Exhibit F. Sealed, #6 Exhibit G. Sealed, #7 Exhibit H. PriceWaterhouseCoopers Study, #8 Exhibit I. Wall Street Journal Article, #9 Exhibit J. Michigan Law Review Article, #10 Exhibit K. Kamara Deposition Excerpts, #11 Exhibit L. Sealed, #12 Exhibit M. Iyer Declaration, #13 Exhibit N. Ochoa Declaration)(Morrison, Christopher) |
| Filing 121 MEMORANDUM in Support re #120 MOTION Preclude Opinion of Jonathan Putnam filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 120 MOTION Preclude Opinion of Jonathan Putnam by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 119 DECLARATION re #117 MOTION Preclude Testimony and opinions of Bruce Isaacson by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit B. Sealed, #2 Exhibit C. Sealed, #3 Exhibit D. DePuy-Ras_00313339, #4 Exhibit E. Sealed, #5 Exhibit F. October 27 Zucchi Email, #6 Exhibit G. October 21 email between Norton and Zucchi, #7 Exhibit H. Sealed, #8 Exhibit I. Sealed, #9 Exhibit J. Kamara Expert Report, #10 Exhibit K. Sealed, #11 Exhibit L. Sealed, #12 Exhibit M. Simone Article, #13 Exhibit N. Order in the Barry v. DePuy Case, #14 Exhibit O. Sean Iyer Declaration, #15 Exhibit P. Ochoa Declaration)(Morrison, Christopher) |
| Filing 118 MEMORANDUM in Support re #117 MOTION Preclude Testimony and opinions of Bruce Isaacson filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 117 MOTION Preclude Testimony and opinions of Bruce Isaacson by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 116 Assented to MOTION to Seal Un-Redacted Exhibits in Support of Motion to Strike DePuy's Experts' Opinions by Rasmussen Instruments, LLC. (Attachments: #1 Kete Declaration)(Glitzenstein, Kurt) |
| Filing 115 ELECTRONIC NOTICE issued requesting a SINGLE-SIDED PAPER courtesy copy for #109 MOTION for Partial Summary Judgment , #111 Memorandum in Support of Motion, #112 Memorandum in Support of Motion, #114 Declaration, #113 Declaration,,,,,. Counsel who filed this document are requested to submit a SINGLE-SIDED PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 114 DECLARATION re #110 MOTION to Strike DePuy's Experts' Opinions of Joy B. Kete by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 113 DECLARATION re #109 MOTION for Partial Summary Judgment , #111 Memorandum in Support of Motion, by Christopher M. Morrison by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit A - US Pat. No. 10,517,583, #2 Exhibit B - US Pat. No. 10,517,583, #3 Exhibit C - Attune Surgical Technique, #4 Exhibit D - 2021-08-05 Ex. 8 to Rasmussen Rog Resp, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Filed Under Seal, #9 Exhibit I - Filed Under Seal, #10 Exhibit J - Filed Under Seal, #11 Exhibit K - Filed Under Seal, #12 Exhibit L - Filed Under Seal, #13 Exhibit M - Filed Under Seal, #14 Exhibit N - Filed Under Seal, #15 Exhibit O - Filed Under Seal, #16 Exhibit P - Filed Under Seal, #17 Exhibit Q - Filed Under Seal, #18 Exhibit R - 2021-08-05 Ex. 3 to Rog Resp, #19 Exhibit S - '583 patent claim chart (Eng), #20 Exhibit T - Filed Under Seal, #21 Exhibit U - Ochoa Opening Report, #22 Exhibit V - Ochoa Supp. Rebuttal Report, #23 Exhibit W - Ochoa Deposition, #24 Exhibit X - Eng prototype photos, #25 Affidavit of Jorge Ochoa)(Morrison, Christopher) |
| Filing 112 MEMORANDUM in Support re #110 MOTION to Strike DePuy's Experts' Opinions filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 10)(Glitzenstein, Kurt) |
| Filing 111 MEMORANDUM in Support re #109 MOTION for Partial Summary Judgment filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Defendants' Statement of Undisputed Facts)(Morrison, Christopher) |
| Filing 110 MOTION to Strike DePuy's Experts' Opinions by Rasmussen Instruments, LLC. (Attachments: #1 Text of Proposed Order)(Glitzenstein, Kurt) |
| Filing 109 MOTION for Partial Summary Judgment by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 108 MOTION to Seal Memoranda and Exhibits Related to Defendants' Motions to Preclude Expert Testimony and Opinions and Motion for Partial Summary Judgment by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 107 NOTICE of Appearance by Tracy Stitt on behalf of DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. (Stitt, Tracy) |
| Filing 106 NOTICE of Appearance by Elizabeth G.H. Ranks on behalf of Rasmussen Instruments, LLC (Ranks, Elizabeth) |
| Filing 105 Judge William G. Young: ORDER entered denying #98 Motion for Leave to File Document Motion denied as untimely and as causing undue prejudice to the non-moving party. (Sonnenberg, Elizabeth) |
| Filing 104 Judge William G. Young: ELECTRONIC ORDER entered granting #103 Motion for Leave to Appear Pro Hac Vice Added Tracy A. Stitt. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Gaudet, Jennifer) |
| Filing 103 MOTION for Leave to Appear Pro Hac Vice for admission of Tracy A. Stitt Filing fee: $ 100, receipt number AMADC-9046416 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Declaration of Tracy A. Stitt)(Morrison, Christopher) |
| Filing 102 DECLARATION re #101 Response to Motion to Amend Invalidity Contentions by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit A - TRAMM Instrumentation Guide, #2 Exhibit B - Email re Disclosure of Dr. Ochoa, #3 Exhibit C - Dr. Ochoa CV, #4 Exhibit D - Email re Invalidity Contentions)(Glitzenstein, Kurt) |
| Filing 101 RESPONSE to Motion re #98 MOTION for Leave to File (Serve) Amended Invalidity Contentions filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 100 Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER(Sonnenberg, Elizabeth) |
| Filing 99 MEMORANDUM in Support re #98 MOTION for Leave to File (Serve) Amended Invalidity Contentions filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 98 MOTION for Leave to File (Serve) Amended Invalidity Contentions by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 97 Judge William G. Young: ORDER entered granting #96 Joint Motion to Adjust Case Schedule. (Gaudet, Jennifer) |
| Filing 96 Joint MOTION to Adjust Case Schedule by Rasmussen Instruments, LLC. (Attachments: #1 Text of Proposed Order)(Glitzenstein, Kurt) |
| Filing 95 Reset Deadlines: Discovery to be completed by 11/9/2021; Motions due by 11/16/2021 (Paine, Matthew) |
| Filing 94 Judge William G. Young: ORDER entered re #84 Joint Motion to Adjust Case Schedule (Paine, Matthew)So ordered as modified as the case management scheduling order. |
| Filing 93 Supplemental Response by Rasmussen Instruments, LLC to #82 Preliminary Claim Construction Briefs, . (Glitzenstein, Kurt) |
| Filing 92 Judge William G. Young: ELECTRONIC ORDER entered re #88 Plaintiff's Motion to Strike, or in the Alternative for Leave to File a Brief Response. The motion to strike is denied, however, the alternative relief for leave to file a response is allowed. (Gaudet, Jennifer) |
| Filing 91 Opposition re #88 MOTION to Strike #86 Reply to Preliminary Claim Construction Briefs filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit August 24 email inviting meet and confer)(Morrison, Christopher) |
| Filing 90 DECLARATION re #88 MOTION to Strike #86 Reply to Preliminary Claim Construction Briefs by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Glitzenstein, Kurt) |
| Filing 89 MEMORANDUM in Support re #88 MOTION to Strike #86 Reply to Preliminary Claim Construction Briefs filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 88 MOTION to Strike #86 Reply to Preliminary Claim Construction Briefs by Rasmussen Instruments, LLC. (Attachments: #1 Text of Proposed Order 1 Motion to Strike, #2 Text of Proposed Order 2 for Alternative Relief)(Glitzenstein, Kurt) |
| Filing 87 ELECTRONIC NOTICE issued requesting PAPER courtesy copy for #78 Memorandum in Support of Motion, #77 MOTION to Compel , #85 Memorandum in Opposition to Motion,. Counsel who filed this document are requested to submit a PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 86 Reply to Preliminary Claim Construction Briefs by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 85 MEMORANDUM in Opposition re #77 MOTION to Compel filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Affidavit Declaration of Christopher Morrison, #2 Exhibit Excerpts of T. Czartoski Deposition Transcript, #3 Exhibit Excerpts of M. Rock Deposition Transcript, #4 Exhibit Excerpts of S. Shupe Deposition Transcript, #5 Exhibit Excerpts of M. Heldreth Deposition Transcript, #6 Exhibit Wilson Emails, #7 Exhibit Email Communication, #8 Exhibit Excerpts of S. Arkle Deposition Transcripts, #9 Exhibit Excerpts of M. Wallace Deposition Transcript, #10 Exhibit Text Message Chain, #11 Exhibit Stipulation Proposed by Rasmussen)(Morrison, Christopher) |
| Filing 84 Joint MOTION for Extension of Time by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Proposed Schedules)(Morrison, Christopher) |
| Filing 83 DECLARATION re #81 Brief Supplemental Claim Construction by Rasmussen Instruments, LLC. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Glitzenstein, Kurt) |
| Filing 82 Preliminary Claim Construction Briefs by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Transcript of 7/29/2021 Hearing, #2 Exhibit Supplemental Claim Construction Chart)(Morrison, Christopher) |
| Filing 81 BRIEF by Rasmussen Instruments, LLC to #42 Preliminary Claim Construction Briefs (Supplemental). (Glitzenstein, Kurt) |
| Filing 80 NOTICE by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. re #51 Opposition to Motion,, Withdrawal of Opposition to Docket No. 47 (Morrison, Christopher) |
| Filing 78 MEMORANDUM in Support re #77 MOTION to Compel filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Declaration of Joy Kete ISO Motion to Compel, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit E)(Glitzenstein, Kurt) |
| Filing 77 MOTION to Compel by Rasmussen Instruments, LLC. (Attachments: #1 Text of Proposed Order)(Glitzenstein, Kurt) |
| Filing 76 MOTION to Seal Portions of Memorandum and Exhibits in support of Motion to Compel (Unopposed) by Rasmussen Instruments, LLC.(Glitzenstein, Kurt) |
| ELECTRONIC NOTICE issued requesting courtesy copy for #73 Opposition to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 79 Judge William G. Young: ELECTRONIC ORDER entered re #72 UNOPPOSED MOTION for Leave to File Under Seal Its Opposition to Plaintiff's Motion To Compel Foreign Sales and Distribution Data. (Paine, Matthew)Motion denied. An effective opposition can be filed without revealing any sensitive data. |
| Filing 73 Opposition re #69 MOTION to Compel Foreign Sales and Distribution Data filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J)(Morrison, Christopher) |
| Filing 72 UNOPPOSED MOTION for Leave to File Under Seal Its Opposition to Plaintiff's Motion To Compel Foreign Sales and Distribution Data by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) Modified on 8/18/2021 to correct text (Gaudet, Jennifer). |
| Filing 75 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 74 Transcript of Markman Hearing held on July 29, 2021, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/16/2021. Release of Transcript Restriction set for 11/15/2021. (Coppola, Katelyn) |
| Filing 70 MEMORANDUM in Support re #69 MOTION to Compel Foreign Sales and Distribution Data filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Declaration of Kete ISO Motion to Compel, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Glitzenstein, Kurt) |
| Filing 69 MOTION to Compel Foreign Sales and Distribution Data by Rasmussen Instruments, LLC. (Attachments: #1 Text of Proposed Order)(Glitzenstein, Kurt) |
| Filing 68 Letter/request (non-motion) from Kurt L. Glitzenstein to the Honorable William G. Young regarding Joint Claim Construction Chart (ECF No. 40-1). (Glitzenstein, Kurt) |
| Filing 67 ELECTRONIC NOTICE OF RESCHEDULING. Markman Hearing reset for 7/29/2021 at 11:00 AM in Remote Proceeding : Boston before Judge William G. Young. TIME CHANGE ONLY. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Gaudet, Jennifer) |
| Filing 66 ELECTRONIC NOTICE OF RESCHEDULING. Markman Hearing reset for 7/29/2021 at 12:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Gaudet, Jennifer) |
| Filing 65 Judge William G. Young: ELECTRONIC ORDER entered granting #64 Joint Motion to Adjust Case Schedule. Fact Discovery due 8/5/2021; Expert Discovery 10/18/2021; Amended Pleadings due by 10/18/2021; Dispositive Motions due by 11/1/2021. (Gaudet, Jennifer) |
| Filing 64 Joint MOTION for Extension of Time to Complete Discovery in Scheduling Order by Rasmussen Instruments, LLC.(Glitzenstein, Kurt) |
| Filing 63 Judge William G. Young: ELECTRONIC ORDER entered granting #62 Joint Motion to Adjust Case Schedule. (Gaudet, Jennifer) |
| Filing 62 Joint MOTION to Modify Case Schedule by Rasmussen Instruments, LLC.(Kete, Joy) |
| Filing 61 REPLY to Response to #50 MOTION to Compel Answers to Interrogatories filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Morrison, Christopher) |
| Filing 60 Judge William G. Young: ELECTRONIC ORDER entered granting #58 Motion for Leave to File Reply Brief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer) |
| Filing 59 Opposition re #58 MOTION for Leave to File Reply in Support of Motion to Compel Answers to Interrogatories (Docket No. 50) filed by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 58 MOTION for Leave to File Reply in Support of Motion to Compel Answers to Interrogatories (Docket No. 50) by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Proposed Reply Memorandum)(Morrison, Christopher) |
| Filing 57 ELECTRONIC NOTICE OF RESCHEDULING. Markman Hearing reset for 7/27/2021 at 2:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 56 Reply to Preliminary Claim Construction Briefs by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit DePuys Amended Proposed Constructions (JCCS Terms 1215))(Morrison, Christopher) |
| Filing 55 Reply to Preliminary Claim Construction Briefs by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1 - 04/13/2021 Email from Norton to Kete)(Glitzenstein, Kurt) |
| Filing 54 ELECTRONIC NOTICE issued requesting a PAPER courtesy copy for #53 Response to Motion,. Counsel who filed this document are requested to submit a PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 53 RESPONSE to Motion re #50 MOTION to Compel filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1 - Kete Declaration, #2 Exhibit 2 - Pltf's Responses to 1st Interrogatories (Nos. 1-12), #3 Exhibit 3 - Pltf's Responses to 2nd Interrogatories (No. 13), #4 Exhibit 4 - Def's Responses to 1st Interrogatories, #5 Exhibit 5 - 03/23/21 Letter from Morrison to Pecht, #6 Exhibit 6 - 03/29/21 Letter from Kete to Morrison, #7 Exhibit 7 - 04/09/21 Email from Hartenstein to Kete, #8 Exhibit 8 - 04/13/21 Letter from Kete to Hartenstein, #9 Exhibit 9 - Pltf's Supplemental Responses to 1st Interrogatories (No. 6 and 8), #10 Exhibit 10 - RAS-00013091, #11 Exhibit 11 - 05/04/21 Email from Kete to Hartenstein, #12 Exhibit 12 - Pltf's 1st Supplemental Responses to 1st Interrogatories (Nos. 6, 8, and 12), #13 Exhibit 13 - Pltf's Supplemental Responses to 1st Interrogatories (Nos. 8-9), #14 Exhibit 14 - Pltf's Responses to 3rd Interrogatories (No. 14))(Glitzenstein, Kurt) |
| Filing 52 ELECTRONIC NOTICE issued requesting a PAPER courtesy copy for #47 MOTION for Leave to File Amended Infringement Contentions, #48 Memorandum in Support of Motion, #51 Opposition to Motion,,. Counsel who filed this document are requested to submit a PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 51 Opposition re #47 MOTION for Leave to File Amended Infringement Contentions filed by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit DePuy's Responses and Objections to Plaintiff's First Set of Requests for Production, #2 Exhibit February 10, 2021 email among counsel, #3 Exhibit 2017-2018 Intuition Instruments Surgical Technique, #4 Exhibit Rasmussen Second RFPs to DePuy, #5 Exhibit Rasmussen Notice of R. 30(b)(6) Deposition, #6 Exhibit Rasmussen Second Interrogatories to DePuy)(Morrison, Christopher) (Main Document 51 replaced on 5/13/2021) (Paine, Matthew). |
| Filing 50 MOTION to Compel by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Rasmussen Response to DePuy's 1st Interrogatories, #2 Exhibit Rasmussen 1st Supplemental Response to DePuy Interrogatory Nos. 6, 8, 12, #3 Exhibit Rasmussen Supplemental Response to DePuy Interrogatory Nos. 8 and 9, #4 Exhibit Rasmussen Supplemental Response to DePuy Interrogatory Nos. 6 and 8, #5 Exhibit Rasmussen Response to DePuys First RFP, #6 Exhibit 3/21/2021 Letter from Morrison to Pechy, #7 Exhibit 03/29/2021 Letter from Kete to Morrison, #8 Exhibit Email correspondence among counsel)(Morrison, Christopher) |
| Filing 49 Notice of correction to docket made by Court staff. Correction: Docket Entry #47 Motion for Leave Corrected Because: The Memoradnum of Law Was Incorrectly Attached to the Motion By Counsel in Violation of CM/ECF Administrative Procedures Section (G)(4). The Memorandum of Law Was Refiled Correctly as ECF No. #48 (Paine, Matthew) |
| Filing 48 MEMORANDUM in Support re #47 MOTION for Leave to File Amended Infringement Contentions filed by Rasmussen Instruments, LLC. (Paine, Matthew) |
| Filing 47 MOTION for Leave to File Amended Infringement Contentions by Rasmussen Instruments, LLC. (Attachments: #2 Declaration of Jason Zucchi in support of Plaintiff's Motion to Amend its Infringement Contentions, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13)(Glitzenstein, Kurt) Modified on 4/30/2021 to Remove Memorandum of Law Incorrectly Attached to the Motion By Counsel (Paine, Matthew). |
| Filing 46 ELECTRONIC NOTICE of Hearing. Markman Hearing set for 7/21/2021 at 2:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Gaudet, Jennifer) |
| Filing 45 ELECTRONIC NOTICE issued requesting PAPER courtesy copy for #44 Declaration, #43 Markman Brief, #42 Preliminary Claim Construction Briefs. Counsel who filed this document are requested to submit a PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Judge Young - Docket Clerk. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 44 DECLARATION re #42 Preliminary Claim Construction Briefs Declaration of Joy Backer Kete in Support of by Rasmussen Instruments, LLC. (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, #11 Exhibit K)(Glitzenstein, Kurt) |
| Filing 43 Markman Brief by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit US Patent No. 9,492,180, #2 Exhibit US Patent No. 10,517,583, #3 Exhibit Defendants' Preliminary Patent-Related Disclosures, #4 Exhibit April 17, 2021 Email regarding "plain and ordinary meaning")(Morrison, Christopher) |
| Filing 42 Preliminary Claim Construction Briefs by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 41 Judge William G. Young: ELECTRONIC ORDER entered granting #39 Motion for Leave to File Unopposed Motion to Increase the Number of Claim Terms for Construction (to 19) and to Increase the Page Limit for Claim Construction Briefs (to 25) by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. Motion is allowed upon defendants' representations. (Gaudet, Jennifer) |
| Filing 40 Joint Claim Construction and Prehearing Statement by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit A - Joint Claim Construction Chart)(Glitzenstein, Kurt) |
| Filing 39 MOTION for Leave to File Unopposed Motion to Increase the Number of Claim Terms for Construction (to 19) and to Increase the Page Limit for Claim Construction Briefs (to 25) by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 38 Judge William G. Young: ELECTRONIC ORDER entered granting #37 Motion for Leave to Appear Pro Hac Vice. Added Joy Backer Kete. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Joy Backer Kete Filing fee: $ 100, receipt number 0101-8689995 by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1 - Certification of Joy Backer Kete)(Glitzenstein, Kurt) |
| Filing 36 Judge William G. Young: ELECTRONIC ORDER entered granting #35 Motion to Withdraw as Attorney. Attorney Grant T. Rice terminated (Paine, Matthew) |
| Filing 35 Assented to MOTION to Withdraw as Attorney by Rasmussen Instruments, LLC.(Rice, Grant) |
| Filing 34 ANSWER to #31 Amended Complaint, by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 33 Judge William G. Young: ORDER entered; PROTECTIVE ORDER. Nothing is to be filed under seal in Court pursuant to this order. It is not to be cited as a ground for sealing.(Gaudet, Jennifer) |
| Filing 32 Judge William G. Young: ELECTRONIC ORDER entered granting #30 Joint Motion for Protective Order. Nothing is to be filed under seal in Court pursuant to this order. It is not to be cited as a ground for sealing. (Gaudet, Jennifer) |
| Filing 31 AMENDED COMPLAINT against Medical Device Business Services, Inc., DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., filed by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Glitzenstein, Kurt) |
| Filing 30 Joint MOTION for Protective Order by Rasmussen Instruments, LLC. (Attachments: #1 Proposed Protective Order)(Rice, Grant) |
| Filing 29 Judge William G. Young: ELECTRONIC ORDER entered granting #28 Motion for Leave to Appear Pro Hac Vice. Added David E. Anderson, Marlee R. Hartenstein, and Thomas S. Koglman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 28 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of David E. Anderson, Marlee R. Hartenstein, Thomas S. Koglman Filing fee: $ 300, receipt number 0101-8602366 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Declaration of D. Anderson, #2 Exhibit Declaration of M. Hartenstein, #3 Exhibit Declaration of T. Koglman)(Morrison, Christopher) |
| Filing 27 ELECTRONIC NOTICE Canceling Hearing. The scheduling conference set for 1/7/2021 is hereby canceled, the joint proposed schedule being adopted by the Court. (Gaudet, Jennifer) |
| Filing 26 Set/Reset Scheduling Order Deadlines: Discovery to be completed by 7/12/2021; Dispositive Motions due by 9/27/2021. Ready for Trial on 2/7/2022 09:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 25 Judge William G. Young: ELECTRONIC ORDER entered approving #24 JOINT STATEMENT re scheduling conference. Where there are disputes, the Court adopts Dupuy's position. (Gaudet, Jennifer) |
| Filing 24 JOINT STATEMENT re scheduling conference . (Attachments: #1 Exhibit 1 - Stipulated E-Discovery Agreement)(Glitzenstein, Kurt) |
| Filing 23 CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Glitzenstein, Kurt) |
| Filing 22 CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Morrison, Christopher) |
| Filing 21 NOTICE of Appearance by Christopher B. Hadley on behalf of Rasmussen Instruments, LLC (Hadley, Christopher) |
| Filing 20 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Pecht, Jacob) |
| Filing 19 NOTICE of Scheduling Conference. Scheduling Conference set for 1/7/2021 at 2:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be held by video. Meeting invite (zoom) will be sent by email. (Gaudet, Jennifer) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc. identifying Corporate Parent Johnson & Johnson for DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc... (Morrison, Christopher) |
| Filing 17 ANSWER to #1 Complaint, with Jury Demand by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) |
| Filing 16 Judge William G. Young: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice; granting #15 Motion for Leave to Appear Pro Hac Vice. Added Patrick Norton and Calvin Griffith. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 15 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Calvin Griffith Filing fee: $ 100, receipt number 0101-8485744 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Affidavit Declaration of Calvin Griffith)(Morrison, Christopher) |
| Filing 14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Patrick Norton Filing fee: $ 100, receipt number 0101-8485735 by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) (Additional attachment(s) added on 10/29/2020: #1 Affidavit) (Paine, Matthew). |
| Filing 13 Assented to MOTION for Extension of Time to December 3, 2020 to respond to the Complaint by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc..(Morrison, Christopher) Modified on 10/26/2020 to Correct the CM/ECF Filing Event AS Counsel Filed the Motion Under the Wrong Event in CM/ECF (Paine, Matthew). |
| Filing 12 NOTICE of Appearance by Grant T. Rice on behalf of Rasmussen Instruments, LLC (Rice, Grant) |
| Filing 11 Judge William G. Young: ELECTRONIC ORDER entered granting #10 Motion for Leave to Appear Pro Hac Vice. Added Jason M. Zucchi. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Jason M. Zucchi Filing fee: $ 100, receipt number 0101-8452283 by Rasmussen Instruments, LLC. (Attachments: #1 Exhibit 1 - Certification of Jason M. Zucchi)(Glitzenstein, Kurt) |
| Filing 9 NOTICE of Appearance by Jacob B. Pecht on behalf of Rasmussen Instruments, LLC (Pecht, Jacob) |
| Filing 8 SUMMONS Returned Executed Medical Device Business Services, Inc. served on 10/5/2020, answer due 10/26/2020. (Glitzenstein, Kurt) |
| Filing 7 SUMMONS Returned Executed DePuy Synthes Sales, Inc. served on 10/5/2020, answer due 10/26/2020. (Glitzenstein, Kurt) |
| Filing 6 SUMMONS Returned Executed DePuy Synthes Products, Inc. served on 10/5/2020, answer due 10/26/2020. (Glitzenstein, Kurt) |
| Filing 5 Summons Issued as to DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Medical Device Business Services, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 Marianne B. Bowler. (Finn, Mary) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Rasmussen Instruments, LLC. (Glitzenstein, Kurt) |
| Filing 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Glitzenstein, Kurt) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-8446878 (Fee Status: Filing Fee paid), filed by Rasmussen Instruments, LLC. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5 Part 1, #8 Exhibit 5 Part 2)(Glitzenstein, Kurt) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
