Mizuho Orthopedic Systems Inc. v. Allen Medical Systems, Inc. et al
| Mizuho Orthopedic Systems Inc. doing business as Mizuho OSI |
| Allen Medical Systems, Inc. |
| Hill-Rom, Inc. |
| Mizuho Orthopedic Systems Inc. |
| 1:2021cv10979 |
| June 11, 2021 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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| Document Text |
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| Filing 43 Amended JOINT STATEMENT re scheduling conference Pursuant to Local Rule 16.1. (Herring, Seth) |
| Filing 42 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 10/14/2021. Court adopts the parties' proposed schedule as set forth in the joint statement, with a few additions: Markman Hearing set for 4/27/2022 10:00 AM in Courtroom 4 (In person with remote access provided) before Judge Nathaniel M. Gorton. Hearing not to exceed 3 hours. Final Pretrial Conference set for 6/20/2023 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. Jury Trial set for 6/26/2023 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. Parties believe they will engage in private mediation. Court requests that they let it know approximately 3 months in advance as to who the mediator will be. Counsel are directed to file an amended joint statement with the modifications as noted at this hearing. Court approves #35 Stipulation as of 10/14/21. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Martin, Wimberly, Herring, Nash, Kannan, Cook) (Lima, Christine) |
| Filing 41 Amended CERTIFICATION pursuant to Local Rule 16.1 on behalf of Defendants. (Nash, Douglas) |
| Filing 40 ELECTRONIC NOTICE issued requesting courtesy copy for #31 Response to Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 39 REPLY to Response to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM COUNT II OF THE SECOND AMENDED COMPLAINT (Leave to File Granted on October 8, 2021) filed by Allen Medical Systems, Inc., Hill-Rom, Inc.. (Nash, Douglas) |
| Filing 38 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #37 Assented to MOTION for Leave to File REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); 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. (Warnock, Douglas) |
| Filing 37 Assented to MOTION for Leave to File REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) by Allen Medical Systems, Inc., Hill-Rom, Inc.. (Attachments: #1 Exhibit Proposed Reply Brief)(Nash, Douglas) |
| Filing 36 STIPULATION Parties' Stipulated Protective Order by Mizuho Orthopedic Systems Inc.. (Herring, Seth) |
| Filing 35 STIPULATION Joint Stipulated Protocol Govening Electronically Stored Information by Mizuho Orthopedic Systems Inc.. (Herring, Seth) |
| Filing 34 JOINT STATEMENT re scheduling conference Pursuant to Local Rule 16.1. (Herring, Seth) |
| Filing 33 CERTIFICATION pursuant to Local Rule 16.1 on behalf of Plaintiff.. (Herring, Seth) |
| Filing 32 CERTIFICATION pursuant to Local Rule 16.1 on Behalf of Defendants. (Nash, Douglas) |
| Filing 31 RESPONSE to Motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM COUNT II OF THE SECOND AMENDED COMPLAINT filed by Mizuho Orthopedic Systems Inc.. (Attachments: #1 Affidavit of Seth B. Herring, #2 Exhibit 1 to Declaration of Seth Herring, #3 Exhibit 2 to Declaration of Seth Herring, #4 Exhibit 3 to Declaration of Seth Herring)(Herring, Seth) |
| Filing 30 AFFIDAVIT in Support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM COUNT II OF THE SECOND AMENDED COMPLAINT filed by Allen Medical Systems, Inc., Hill-Rom, Inc.. (Attachments: #1 Exhibit Ex A - Initial Claims, #2 Exhibit Ex B - Rejection of July 22, 2016 (First Rejection), #3 Exhibit Ex C - Amendment of October 21 2016 (First Amendment), #4 Exhibit Ex D - Rejection of December 8, 2016 (Second Rejection), #5 Exhibit Ex E - Amendment of March 8 2017 (Second Amendment), #6 Exhibit Ex F - Rejection of May 18, 2017 (Third Rejection), #7 Exhibit Ex G - Amendment of May 26 2017 (Third Amendment))(Nash, Douglas) |
| Filing 29 MEMORANDUM in Support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM COUNT II OF THE SECOND AMENDED COMPLAINT filed by Allen Medical Systems, Inc., Hill-Rom, Inc.. (Nash, Douglas) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM COUNT II OF THE SECOND AMENDED COMPLAINT by Allen Medical Systems, Inc., Hill-Rom, Inc..(Nash, Douglas) |
| Filing 27 AMENDED COMPLAINT Second Amended Complaint for Patent Infringement against All Defendants, filed by Mizuho Orthopedic Systems Inc.. (Attachments: #1 Exhibit 1 to Second Amended Complaint, #2 Exhibit 2 to Second Amended Complaint, #3 Exhibit 3 to Second Amended Complaint, #4 Exhibit 4 to Second Amended Complaint, #5 Errata 5 to Second Amended Complaint, #6 Exhibit 6 to Second Amended Complaint)(Herring, Seth) |
| Filing 26 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #25 Motion for Leave to File Document ; 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. (Lima, Christine) |
| Filing 25 MOTION for Leave to File Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint by Mizuho Orthopedic Systems Inc..(Herring, Seth) |
| Filing 24 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #23 Motion for Extension of Time to Answer re #19 Amended Complaint Allen Medical Systems, Inc. answer due 9/16/2021; Hill-Rom, Inc. answer due 9/16/2021. (Warnock, Douglas) |
| Filing 23 Assented to MOTION for Extension of Time to September 16, 2021 to Move, Answer, or Otherwise Respond to the First Amended Complaint by Allen Medical Systems, Inc., Hill-Rom, Inc..(Nash, Douglas). Modified event type on 9/10/2021 (Warnock, Douglas). |
| Filing 22 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #21 Motion for Leave to Appear Pro Hac Vice Added Naresh K. Kannan and Genevieve M. Halpenny. 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. (Warnock, Douglas) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice for admission of Naresh K. Kannan and Genevieve M. Halpenny Filing fee: $ 200, receipt number 0101-8931114 by Allen Medical Systems, Inc., Hill-Rom, Inc.. (Attachments: #1 Pro Hac Vice Certification of Naresh K. Kannan, #2 Pro Hac Vice Certification of Genevieve M. Halpenny)(Cook, John) |
| Filing 20 NOTICE of Scheduling Conference Scheduling Conference set for 10/14/2021 03:00 PM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) |
| Filing 19 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Mizuho Orthopedic Systems Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Martin, Andrea) |
| Filing 18 ANSWER to Counterclaim by Mizuho Orthopedic Systems Inc..(Martin, Andrea) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT by Allen Medical Systems, Inc., Hill-Rom, Inc. identifying Corporate Parent Hill-Rom Holdings, Inc. for Allen Medical Systems, Inc., Hill-Rom, Inc... (Cook, John) |
| Filing 16 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Mizuho Orthopedic Systems Inc. by Hill-Rom, Inc., Allen Medical Systems, Inc.. (Attachments: #1 Exhibit A - U.S. Patent No. 10,888,481)(Cook, John) |
| Filing 15 NOTICE of Appearance by John D. Cook on behalf of Allen Medical Systems, Inc., Hill-Rom, Inc. (Cook, John) |
| Filing 14 Reset Deadlines: All Defendants. (Vieira, Leonardo) |
| Filing 13 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #12 Motion for Extension of Time (Vieira, Leonardo) |
| Filing 12 Assented to MOTION for Extension of Time to August 5, 2021 to Move, Answer, or Otherwise Respond to the Complaint by Allen Medical Systems, Inc., Hill-Rom, Inc..(Nash, Douglas) |
| Filing 11 NOTICE of Appearance by Douglas J. Nash on behalf of Allen Medical Systems, Inc., Hill-Rom, Inc. (Nash, Douglas) |
| Filing 10 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #9 Motion for Leave to Appear Pro Hac Vice Added John P. Bovich, Seth B. Herring, Hallie Wimberly. 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. (Vieira, Leonardo) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Hallie Wimberly, John P. Bovich, Seth B. Herring Filing fee: $ 300, receipt number 0101-8831799 by Mizuho Orthopedic Systems Inc.. (Attachments: #1 Affidavit of Hallie Wimberly, #2 Affidavit of John P. Bovich, #3 Affidavit of Seth B. Herring)(Martin, Andrea) |
| Filing 8 NOTICE of Appearance by Howard J. Susser on behalf of Mizuho Orthopedic Systems Inc. (Susser, Howard) (Main Document 8 replaced on 6/23/2021) (Paine, Matthew). |
| Filing 7 AFFIDAVIT OF SERVICE Executed by Mizuho Orthopedic Systems Inc.. Hill-Rom, Inc. served on 6/15/2021, answer due 7/6/2021. Acknowledgement filed by Mizuho Orthopedic Systems Inc.. (Martin, Andrea) |
| Filing 6 AFFIDAVIT OF SERVICE Executed by Mizuho Orthopedic Systems Inc.. Allen Medical Systems, Inc. served on 6/14/2021, answer due 7/6/2021. Acknowledgement filed by Mizuho Orthopedic Systems Inc.. (Martin, Andrea) |
| Filing 5 Summons Issued as to Allen Medical Systems, Inc., Hill-Rom, 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. (Pacho, Arnold) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Mizuho Orthopedic Systems Inc. identifying Corporate Parent Mizuho Corporation for Mizuho Orthopedic Systems Inc... (Martin, Andrea) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Pacho, Arnold) |
| Filing 1 COMPLAINT for Patent Infringement against All Defendants Filing fee: $ 402, receipt number 0101-8816221 (Fee Status: Filing Fee paid), filed by Mizuho Orthopedic Systems Inc. dba Mizuho OSI. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Category Sheet, #3 Form AO 120, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4)(Martin, Andrea) Modified on 6/11/2021 to attach AO 120 as a separate entry on the docket (Pacho, Arnold). |
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