Xiros, Ltd. v. DePuy Synthes Sales, Inc
| Xiros, Ltd. |
| DePuy Synthes, Inc., Johnson & Johnson, DePuy Orthopaedics Inc., Medical Device Business Services, Inc., DePuy Synthes Sales, Inc., Waco Orthopedics, Ascension Medical Group Providence Orthopedic and Sports Medicine, Jacob Battle, M.D. and Chad Connor, M.D. |
| 1:2022cv11362 |
| August 24, 2022 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Angel Kelley |
| Paul G Levenson |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 130
STIPULATION of Dismissal With Prejudice by Xiros, Ltd.. (Ting, Michael)
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Filing 129
District Judge Angel Kelley: SETTLEMENT ORDER OF DISMISSAL entered. (Lara, Miguel)
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Filing 128
Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Status Conference held on 7/14/2023 by video conference.Case called. The parties have reported the matter settled and anticipate filing dismissal papers within 30 days. All future hearings have been cancelled. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Natasha E. Daughtrey for Plaintiff; Lisa Glasser and Jenna L. LaPointe for Defendant) (Lara, Miguel)
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Filing 127
District Judge Angel Kelley: ELECTRONIC ORDER entered re #126 Joint Motion to Continue Motion Hearing. The motion hearing previously scheduled for 7/14/23 will be converted to a status conference. NOTICE RESETTING HEARING: Status Conference set for 7/14/2023 02:30 PM in Remote Proceeding : Boston before District Judge Angel Kelley. **NO CHANGES TO EXISTING DATE/TIME**(Lara, Miguel)
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Filing 126
Joint MOTION to Continue Motion Hearing by DePuy Synthes Sales, Inc..(LaPointe, Jenna)
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Filing 125
ELECTRONIC NOTICE Setting Hearing on Motion #104 MOTION to Strike #94 Answer to Amended Complaint : 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 courtroom deputy of the session 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 general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 7/14/2023 02:30 PM in Remote Proceeding : Boston before District Judge Angel Kelley. (Lara, Miguel)
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Filing 124
NOTICE Resetting a Hearing:Claim Construction Hearing reset to 8/9/2023 09:30 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel)
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Filing 123
District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court ADOPTS the parties' joint scheduling order and sets the following deadlines:SCHEDULING ORDER DEADLINES:Amendments to pleadings due no later than 6/15/2023Plaintiff shall narrow number of asserted claims to no more than 30 by 6/15/23. Plaintiff shall then narrow its asserted claims to no more than 15 within 14 days of the Court's issuance of its claim construction order. Claim construction hearing set for 8/8/2023 at 9:30am in Courtroom 8All depositions of trial experts must be completed by 8/21/2024. Dispositive motions due by 9/9/2024Oppositions due by 9/30/2024Reply memoranda, not to exceed 10 pages, due by 10/14/2024For all other deadlines, please refer to the attached scheduling order.NOTICE OF HEARING: Status Conference set for 5/16/2024 11:30 AM in Remote Proceeding : Boston before District Judge Angel Kelley. Jury Trial set for 1/27/2025 09:00 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel)
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Filing 122
JOINT SUBMISSION pursuant to Local Rule 16.1 [Revised] by Xiros, Ltd..(Larochelle, Christie)
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Filing 121
District Judge Angel Kelley: ELECTRONIC ORDER entered. In accordance with the Courts instructions at the April 13, 2023, status conference, the parties shall file a revised proposed schedule by April 27, 2023. The revised proposal shall include the following dates:The Court ORDERS Plaintiff to narrow its claims to no more than 30 to focus the issues before the Court prior to the claim construction hearing. Plaintiff shall then narrow its claims to no more than 15 within 14 days of the Courts issuance of the claim construction order. Upon a showing of diligence, and with due consideration for prejudice, a party may seek to modify this order for good cause shown. Any request to increase the limits contained in this order must specifically show why the inclusion of additional asserted claims is warranted. See In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1202, 131213 (Fed. Cir. 2011) (it is within the Courts discretion to limit the number of the patentees claims, so long as that limit is not immutable); see also Fed. R. Civ. P. 1 (courts have an obligation to strive for just, speedy, and inexpensive determination).Claim construction hearing is scheduled for August 8, 2023, at 9:30 a.m. Trial to begin on January 27, 2025. Additionally, the Court allows the deposition of Dr. Bahaa Seedham to take place over two (2) days for no more than seven (7) hours per day. See Fed. R. Civ. P. 30(d)(1). Should Defendant require a third day, the parties must confer and agree. If the parties disagree, Defendant may file a motion requesting additional time.(Lara, Miguel)
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Filing 120
ELECTRONIC NOTICE of Hearing.Claim Construction Hearing set for 8/8/2023 09:30 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel)
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Filing 119
Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Scheduling Conference held on 4/13/2023 by video conference.Case called. The Court heard the parties on the #117 joint proposed scheduling order. Revised version due no later than 4/27/23. Further order to issue clarifying modifications for proposed scheduling order. Claim construction hearing set for August 8, 2023 at 9:30am in Courtroom 8. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: chatterjee) (Lara, Miguel)
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Filing 118
NOTICE Resetting a Hearing. 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 courtroom deputy of the session 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 general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 4/13/2023 02:00 PM in Remote Proceeding : Boston before District Judge Angel Kelley. **TIME CHANGE ONLY** (Lara, Miguel)
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Filing 117
JOINT SUBMISSION pursuant to Local Rule 16.1 by Xiros, Ltd..(Ting, Michael)
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Filing 116
REPLY to Response to #104 MOTION to Strike #94 Answer to Amended Complaint [Xiros's Reply in Support of its Motion to Strike Certain Affirmative Defenses] filed by Xiros, Ltd.. (Ting, Michael)
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Filing 115
ELECTRONIC NOTICE Canceling Hearing. The Motion Hearing previously set for 4/3/23 is CANCELLED. (Lara, Miguel)
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Filing 114
NOTICE of Scheduling Conference:The parties are directed to consult and submit an agreed-upon pretrial schedule no later than 7 days before the Scheduling Conference. If the Court finds parties' proposed deadlines reasonable or requires only minor adjustments, it may enter a scheduling order in lieu of holding the scheduling conference. Otherwise, Scheduling Conference set for 4/13/2023 02:30 PM in Remote Proceeding : Boston before District Judge Angel Kelley. The Court will set a motion hearing regarding Plaintiffs #104 motion to strike at a later date if it is deemed necessary.(Lara, Miguel)
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Filing 113
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #111 Joint Motion to Continue Motion Hearing and Scheduling Conference. (Lara, Miguel)
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Filing 112
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #109 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. (Lara, Miguel)
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Filing 111
Joint MOTION to Continue Motion Hearing and Scheduling Conference by DePuy Synthes Sales, Inc..(LaPointe, Jenna)
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Filing 110
Opposition re #109 MOTION for Leave to File a Reply in Support of Its Motion to Strike Certain Affirmative Defenses filed by DePuy Synthes Sales, Inc.. (LaPointe, Jenna)
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Filing 109
MOTION for Leave to File a Reply in Support of Its Motion to Strike Certain Affirmative Defenses by Xiros, Ltd..(Ting, Michael)
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Filing 108
Opposition re #104 MOTION to Strike #94 Answer to Amended Complaint filed by DePuy Synthes Sales, Inc.. (LaPointe, Jenna)
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Filing 107
ELECTRONIC NOTICE Setting on #104 MOTION to Strike #94 Answer to Amended Complaint : 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 courtroom deputy of the session 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 general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing and Scheduling Conference set for 4/3/2023 11:00 AM in Remote Proceeding : Boston before District Judge Angel Kelley. (Lara, Miguel)
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Filing 106
DECLARATION re #104 MOTION to Strike #94 Answer to Amended Complaint by Xiros, Ltd.. (Larochelle, Christie)
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Filing 105
MEMORANDUM in Support re #104 MOTION to Strike #94 Answer to Amended Complaint filed by Xiros, Ltd.. (Larochelle, Christie)
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Filing 104
MOTION to Strike #94 Answer to Amended Complaint by Xiros, Ltd..(Larochelle, Christie)
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Filing 103
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #102 Joint MOTION to Set Briefing Schedule for Plaintiff's Motion to Strike Defendant's Third Affirmative Defense of Inequitable Conduct and Unclean Hands. Plaintiffs motion due by February 1, 2023. Defendants opposition due February 15, 2023. (Pacho, Arnold)
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Filing 102
Joint MOTION to Set Briefing Schedule for Plaintiff's Motion to Strike Defendant's Third Affirmative Defense of Inequitable Conduct and Unclean Hands by Xiros, Ltd.. (Attachments: #1 Exhibit A - [Proposed] Order Granting Joint Motion to Set Briefing Schedule)(Ting, Michael)
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Filing 101
ELECTRONIC NOTICE of Scheduling Conference:Per the operative #69 Scheduling Order, fact discovery is not open. The parties may, at any time following satisfaction of the meet and confer requirements of the Federal and Local Rules, move to amend the Scheduling Order if they wish to conduct fact discovery before the scheduling conference.The parties are directed to consult and submit an agreed-upon pretrial schedule no later than 7 days before the Scheduling Conference. If the Court finds parties' proposed deadlines reasonable or requires only minor adjustments, it may enter a scheduling order in lieu of holding the scheduling conference. Otherwise, Scheduling Conference set for 4/3/2023 11:30 AM in Remote Proceeding : Boston before District Judge Angel Kelley. (Lara, Miguel)
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Filing 100
District Judge Angel Kelley: ELECTRONIC ORDER LIFTING STAY entered. (Lara, Miguel)
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Filing 99
STATUS REPORT JOINT by Xiros, Ltd.. (Larochelle, Christie)
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Filing 98
ELECTRONIC NOTICE Canceling Hearing previously scheduled for October 24, 2022. (Lara, Miguel)
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Filing 97
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #96 Joint Motion to Stay Proceedings until January 9, 2023. The Status Conference previously set for October 24, 2022 is CANCELLED. The parties shall file a joint status report no later than January 9, 2023. (Lara, Miguel)
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Filing 96
Joint MOTION to Stay by Xiros, Ltd.. (Attachments: #1 Text of Proposed Order A - Proposed Order Granting Joint Motion to Stay Proceedings)(Larochelle, Christie)
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Filing 95
NOTICE of Appearance by I. Neel Chatterjee on behalf of Xiros, Ltd. (Chatterjee, I.)
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Filing 94
ANSWER to #18 Amended Complaint, by DePuy Synthes Sales, Inc..(LaPointe, Jenna)
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Filing 93
NOTICE Resetting a Hearing. 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. Status Conference set for 10/24/2022 02:30 PM in Remote Proceeding : Boston before District Judge Angel Kelley. **HEARING TO PROCEED BY VIDEO CONFERENCE PER ASSENT OF ALL PARTIES**(Lara, Miguel)
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Filing 92
District Judge Angel Kelley: ELECTRONIC ORDER entered. The #89 Motion to Withdraw is GRANTED. Attorney Charles Ainsworth terminated. (Pacho, Arnold)
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Filing 91
ELECTRONIC NOTICE of Hearing: Status Conference set for 10/24/2022 02:30 PM in Courtroom 8 (In person only) before District Judge Angel Kelley. Should the parties wish to appear by video conference, and all parties assent to such change, they may reach out to the Courtroom Deputy Clerk to modify the hearing no later than two business days prior to the scheduled hearing.(Lara, Miguel)
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Filing 90
ELECTRONIC NOTICE Canceling Hearing. The Status Conference previously set by Judge Levenson for 9/27/22 is CANCELLED. This matter will be rescheduled at a later date before Judge Angel Kelley. (Lara, Miguel)
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Filing 89
MOTION to Withdraw as Attorney for Charles Ainsworth by DePuy Synthes Sales, Inc..(LaPointe, Jenna)
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Filing 88
ELECTRONIC NOTICE of Case RE-Assignment. District Judge Angel Kelley 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 Paul G. Levenson. (Finn, Mary)
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Filing 87
Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered granting #83 #84 #85 Motion for Leave to Appear Pro Hac Vice as to Neel Chatterjee, Natasha Daughtrey, and Michael Ting. 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.(Dumoulin, Rose)
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Filing 86
Refusal to Consent to Proceed Before a US Magistrate Judge. . (Larochelle, Christie)
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Filing 85
MOTION for Leave to Appear Pro Hac Vice for admission of Michael Ting Filing fee: $ 100, receipt number AMADC-9506717 by Xiros, Ltd.. (Attachments: #1 Exhibit A - Affidavit of Michael Ting)(Larochelle, Christie)
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Filing 84
MOTION for Leave to Appear Pro Hac Vice for admission of Natasha Daughtrey Filing fee: $ 100, receipt number AMADC-9506669 by Xiros, Ltd.. (Attachments: #1 Exhibit A - Affidavit of Natasha Daughtrey)(Larochelle, Christie)
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Filing 83
MOTION for Leave to Appear Pro Hac Vice for admission of Neel Chatterjee Filing fee: $ 100, receipt number AMADC-9506397 by Xiros, Ltd.. (Attachments: #1 Exhibit A - Affidavit of Neel Chatterjee)(Larochelle, Christie)
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Filing 82
Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered granting #81 Motion for Leave to Appear Pro Hac Vice Added Lisa Glasser. 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. (Dumoulin, Rose)
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Filing 81
MOTION for Leave to Appear Pro Hac Vice for admission of Lisa Glasser Filing fee: $ 100, receipt number AMADC-9488670 by DePuy Synthes Sales, Inc.. (Attachments: #1 Affidavit of Lisa Glasser)(LaPointe, Jenna)
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Filing 80
Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered granting #79 Assented to MOTION for Extension of Time to 10/12/2022 to File Answer re #18 Amended Complaint, All Parties. (Dumoulin, Rose)
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Filing 79
Assented to MOTION for Extension of Time to 10/12/2022 to File Answer re #18 Amended Complaint, by DePuy Synthes Sales, Inc..(LaPointe, Jenna)
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Filing 78
NOTICE by Xiros, Ltd. of Intent to Take Discovery, pursuant to the Order on Motion to Dismiss, ECF No. 72 (Larochelle, Christie)
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Filing 77
ELECTRONIC NOTICE of Hearing. Status Conference set for 9/27/2022 at 10:00 AM. This hearing will be conducted by video conference before Magistrate Judge Paul G. Levenson. 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. Modified docket text on 9/1/2022 (Dumoulin, Rose).
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Filing 76
NOTICE of Appearance by Christie L. Larochelle on behalf of Xiros, Ltd. (Larochelle, Christie)
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Filing 75
NOTICE of Case Assignment. Magistrate Judge Paul G. Levenson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris)
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Filing 74
Case transferred in from District of Texas Western; Case Number 6:21-cv-00681.
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Filing 73
ORDER GRANTING #24 Sealed Motion Signed by Judge Alan D Albright. (sv)
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Filing 72
ORDER GRANTING #26 Motion to Dismiss Signed by Judge Alan D Albright. (sv)
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Text Order MOOTING #27 Sealed Motion entered by Judge Alan D Albright. Pursuant to Plaintiff's Notice of Voluntary Dismissal under Rule 41, dismissing each of the movants without prejudice, the Court MOOTS the instant motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JGlc)
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Filing 71
ORDER Setting Zoom Markman Hearing for 10/4/2022 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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Filing 70
ORDER VACATING REFERRAL ORDER re #56 Order Referring Case to Magistrate Judge. Signed by Judge Alan D Albright. (sv)
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CASE NO LONGER REFERRED to Magistrate Judge Derek T. Gilliland. (sv)
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Filing 69
ORDER GRANTING #68 Motion for Extension of Time to File Signed by Judge Derek T. Gilliland. (sv)
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Filing 68
Joint MOTION for Extension of Time to File Technology Tutorials and Submit Copies of Markman Briefing, Joint Motion to Amend/Correct Scheduling Order by Xiros, Ltd.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Connor, Cabrach)
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FIRST AMENDED SCHEDULING ORDER; Amended Pleadings due by 11/10/2022, Joinder of Parties due by 9/1/2022, Motions due by 4/27/2023, Markman Hearing set for 8/1/2022 09:00 AM before Judge Derek T. Gilliland (sv)
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Filing 67
Joint MOTION for Extension of Time to File Technology Tutorials and Submit Copies of Markman Briefing, Joint MOTION to Amend/Correct Scheduling Order by Xiros, Ltd.. (Attachments: #1 Proposed Order (Proposed First Amended Scheduling Order)). Motions referred to Judge Derek T. Gilliland. (Connor, Cabrach)
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Filing 66
Joint Claim Construction Brief or Statement by Xiros, Ltd.. (Connor, Cabrach)
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Filing 65
Reply Claim Construction Brief regarding #64 Brief by Xiros, Ltd.. (Attachments: #1 Affidavit of Michael Ting, #2 Exhibit 3 - to Ting Decl. (DeBerardino Depo. Tr. Excerpts))(Connor, Cabrach)
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Filing 64
BRIEF REPLY CLAIM CONSTRUCTION BRIEF by DePuy Synthes Sales, Inc.. (Attachments: #1 Declaration of Lisa Glasser, #2 Exhibit 16)(Ainsworth, Charles)
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Filing 63
ORDER RESETTING Zoom Markman Hearing for 8/1/2022 09:00 AM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (bot1)
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Filing 62
Opening Claim Construction Brief re #55 by Xiros, Ltd.. (Attachments: #1 Affidavit of Thomas DeBerardino, M.D., #2 Affidavit of Michael Ting, #3 Exhibit 1, #4 Exhibit 2)(Connor, Cabrach)
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Filing 61
ORDER GRANTING #60 Motion to Appear Pro Hac Vice for Attorney Abigail Leigh Sellers. Attorney added for DePuy Synthes Sales, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot2)
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Filing 60
MOTION to Appear Pro Hac Vice by Charles L. Ainsworth on behalf of Abigail Leigh Sellers ( Filing fee $ 100 receipt number 0542-16122598) by on behalf of DePuy Synthes Sales, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Ainsworth, Charles)
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Filing 59
ORDER GRANTING #57 Motion to Appear Pro Hac Vice for Attorney Christie Lynn Larochelle. Attorney added for Xiros, Ltd. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1)
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Filing 58
ORDER SETTING MARKMAN HEARING VIA ZOOM. Markman Hearing set for 7/25/2022 09:00 AM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (sv)
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Filing 57
MOTION to Appear Pro Hac Vice by Cabrach J. Connor for Christie L. Larochelle ( Filing fee $ 100 receipt number 0542-16116228) by on behalf of Xiros, Ltd.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Connor, Cabrach)
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Filing 56
***VACATED per order dated 7/22/2022***ORDER REFERRING CASE to Magistrate Judge Derek T. Gilliland. Signed by Judge Alan D Albright.. Referral Magistrate Judge: Derek T. Gilliland. (sv) Modified on 7/22/2022 (sv).
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Filing 55
BRIEF [DEFENDANT DSS'S OPENING CLAIM CONSTRUCTION BRIEF] by DePuy Synthes Sales, Inc.. (Attachments: #1 Declaration of Lisa Glasser, #2 Exhibit 1 to Glasser Declaration, #3 Exhibit 2 to Glasser Declaration, #4 Exhibit 3 to Glasser Declaration, #5 Exhibit 4 to Glasser Declaration, #6 Exhibit 5 to Glasser Declaration, #7 Exhibit 6 to Glasser Declaration, #8 Exhibit 7 to Glasser Declaration, #9 Exhibit 8 to Glasser Declaration, #10 Exhibit 9 to Glasser Declaration, #11 Exhibit 10 to Glasser Declaration, #12 Exhibit 11 to Glasser Declaration, #13 Exhibit 12 to Glasser Declaration, #14 Exhibit 13 to Glasser Declaration, #15 Exhibit 14 to Glasser Declaration, #16 Exhibit 15 to Glasser Declaration)(Ainsworth, Charles)
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Filing 54
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda)
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Filing 53
SCHEDULING ORDER: Markman Hearing set for 7/25/2022 09:00 AM (estimated) before Judge Alan D Albright, Joinder of Parties due by 9/1/2022, Dispositive Motions due by 4/27/2023, Pretrial Conference set for 7/7/2023 before Judge Alan D Albright, Jury Selection set for 7/24/2023 before Judge Jeffrey C. Manske, Jury Trial set for 7/24/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (sv)
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Filing 52
Proposed Scheduling Order by Xiros, Ltd.. (Attachments: #1 Proposed Order Scheduling Order)(Connor, Cabrach)
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Filing 51
NOTICE (Joint) of Extension to File Proposed Scheduling Order by Xiros, Ltd. (Connor, Cabrach)
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Filing 50
STATUS REPORT Regarding Motions Being Ready for Resolution (Dkt. Nos. 24-25 and 26) by DePuy Synthes Sales, Inc.. (Ainsworth, Charles)
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Filing 49
Redacted Copy Reply in Support of Sealed Motion to Transfer Venue of #48 Sealed Document, by DePuy Synthes Sales, Inc.. (Ainsworth, Charles)
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Filing 48
Sealed Document: Reply in Support of #24 Sealed Motion to Transfer Venue by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. by DePuy Synthes Sales, Inc. (Attachments: #1 Declaration of Eric Wack) (Ainsworth, Charles)
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Filing 47
Redacted Copy of Plaintiff's Opposition to Motion to Transfer Venue by DePuy Synthes Sales -- of #46 Sealed Document, by Xiros, Ltd.. (Connor, Cabrach)
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Filing 46
Sealed Document: (Corrected) Opposition to Motion to Transfer of #24 Sealed Motion to Transfer Venue by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. by Xiros, Ltd. (Connor, Cabrach)
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Filing 45
STATUS REPORT (Case Readiness Status Report) by Xiros, Ltd.. (Connor, Cabrach)
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Filing 44
AFFIDAVIT in Support of #42 Sealed Document,, PLAINTIFF'S OPPOSITION TO MOTION TO TRANSFER VENUE (Declaration by Cabrach Connor) by Xiros, Ltd.. (Connor, Cabrach)
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Filing 43
AFFIDAVIT in Support of #42 Sealed Document,, PLAINTIFF'S OPPOSITION TO MOTION TO TRANSFER VENUE by Xiros, Ltd.. (Attachments: #1 Exhibit - 1 - DePuy Int'l Corp. Tree, #2 Exhibit -3 - 3D Systems Press Release, #3 Exhibit - 4 - Xiros Discovery Responses, #4 Exhibit - 5 - Dr. Beicker, #5 Exhibit - 6 - Dr. Burke, #6 Exhibit - 7 - Dr. Cohen, #7 Exhibit - 8 - Distance, #8 Exhibit - 9 - Distance, #9 Exhibit - 10 - Distance, #10 Exhibit - 11 - Distance, #11 Exhibit - 12 - Distance, #12 Exhibit - 13 - Distance, #13 Exhibit - 14 - Distance, #14 Exhibit - 15 - Distance, #15 Exhibit - 16 - Dr. Burke, #16 Exhibit - 17 - O'Regan, #17 Exhibit - 18 - 128 Patent, #18 Exhibit - 19 - 280 Patent, #19 Exhibit - 20 - 511 File Wrapper, #20 Exhibit - 21 - Flights, #21 Exhibit - 22 - Flights, #22 Exhibit - 23 - Flights, #23 Exhibit - 24 - Drivetime, #24 Exhibit - 25 - Flights, #25 Exhibit - 26 - Drivetime, #26 Exhibit - 27 - Flights, #27 Exhibit - 28 - Drivetime, #28 Exhibit - 29 - Drivetime, #29 Exhibit - 30 - Flights, #30 Exhibit - 31 - Drivetime, #31 Exhibit - 32 - TruMatch User Guide, #32 Exhibit - 33 - Court Data, #33 Exhibit - 34 - Court Data, #34 Exhibit - 35 - Court Data, #35 Exhibit - 36 - Court Data, #36 Exhibit - 37 - Court Data, #37 Exhibit - 38 - Court Data, #38 Exhibit - 39 - Court Data, #39 Exhibit - 40 - Court Data, #40 Exhibit - 41 - Court Data, #41 Exhibit - 42 - Court Data, #42 Exhibit - 43 - JnJ Press Release, #43 Exhibit - 44 - JnJ Press Release, #44 Exhibit - 45 - Flights, #45 Exhibit - 46 - Flights)(Connor, Cabrach)
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Filing 42
Sealed Document: Opposition to Motion to Transfer Venue by DePuy Synthes Sales, Inc. of #25 Attachment,,,,, #24 Sealed Motion to Transfer Venue by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. by Xiros, Ltd. (Attachments: #1 Proposed Order, #2 Affidavit - Declaration of Dr. Bahaa Seedhom (CONFIDENTIAL), #3 Affidavit - Declaration of Michael Ting, #4 Exhibit - 2 to Ting Decl. (CONFIDENTIAL)) (Connor, Cabrach)
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Filing 41
RESPONSE to Motion, filed by Xiros, Ltd., re #27 Sealed Motion TO DISMISS FOR IMPROPER VENUE AND LACK OF PERSONAL JURISDICTION by DePuy Orthopaedics, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. filed by Defendant Johnson & Johnson, Defendant Medical Device Business Services, Inc., Defendant DePuy Orthopaedics, Inc., Defendant DePuy Synthes, Inc. (Attachments: #1 Proposed Order)(Connor, Cabrach)
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Filing 40
NOTICE of Voluntary Dismissal by Xiros, Ltd. (Connor, Cabrach)
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Filing 39
NOTICE of Agreed Briefing Schedule (Joint) by Xiros, Ltd. (Connor, Cabrach)
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Filing 38
NOTICE of Voluntary Dismissal by Xiros, Ltd. (Connor, Cabrach)
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Filing 37
NOTICE of Change of Firm Name and Email Address by Xiros, Ltd. (Connor, Cabrach)
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Filing 36
REPLY to Response to Motion, filed by DePuy Synthes Sales, Inc., re #26 MOTION to Dismiss filed by Defendant DePuy Synthes Sales, Inc. (Ainsworth, Charles)
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Filing 35
Response in Opposition to Motion, filed by Xiros, Ltd., re #26 MOTION to Dismiss filed by Defendant DePuy Synthes Sales, Inc. (Attachments: #1 Proposed Order)(Connor, Cabrach)
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Filing 34
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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Filing 33
NOTICE of Extension of Time by Xiros, Ltd. re #26 MOTION to Dismiss (Connor, Cabrach)
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Filing 32
Redacted Copy of #25 Attachment,,,,, #24 Sealed Motion to Transfer Venue by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Affidavit Croft Declaration, #2 Affidavit Larkins Declaration, #3 Affidavit Price Declaration, #4 Proposed Order)(Ainsworth, Charles)
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Filing 31
Redacted Copy of #27 Sealed Motion TO DISMISS FOR IMPROPER VENUE AND LACK OF PERSONAL JURISDICTION by DePuy Orthopaedics, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. by DePuy Orthopaedics, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Affidavit Croft Declaration, #2 Affidavit Larkins Declaration, #3 Proposed Order)(Ainsworth, Charles)
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Filing 30
ORDER GRANTING #29 Motion to Appear Pro Hac Vice for Attorney Indra Neel Chatterjee. Attorney added for Xiros, Ltd. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda)
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Filing 29
MOTION to Appear Pro Hac Vice by Cabrach J. Connor for Indra Neel Chatterjee ( Filing fee $ 100 receipt number 0542-15280904) by on behalf of Xiros, Ltd.. (Attachments: #1 Proposed Order)(Connor, Cabrach)
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Filing 28
RULE 7 DISCLOSURE STATEMENT filed by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Ainsworth, Charles)
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Filing 27
Sealed Motion TO DISMISS FOR IMPROPER VENUE AND LACK OF PERSONAL JURISDICTION by DePuy Orthopaedics, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. (Attachments: #1 Affidavit Croft Declaration, #2 Affidavit Larkins Declaration, #3 Proposed Order) (Ainsworth, Charles)
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Filing 26
MOTION to Dismiss by DePuy Synthes Sales, Inc.. (Attachments: #1 Affidavit Glasser Declaration, #2 Exhibit 1 to Glasser Declaration, #3 Proposed Order)(Ainsworth, Charles)
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Filing 25
ATTACHMENT [Glasser Declaration] to #24 Sealed Motion to Transfer Venue by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Exhibit 1 to Glasser Declaration, #2 Exhibit 2 to Glasser Declaration, #3 Exhibit 3 to Glasser Declaration, #4 Exhibit 6 to Glasser Declaration, #5 Exhibit 7 to Glasser Declaration, #6 Exhibit 8 to Glasser Declaration, #7 Exhibit 9 to Glasser Declaration, #8 Exhibit 10 to Glasser Declaration, #9 Exhibit 11 to Glasser Declaration, #10 Exhibit 12 to Glasser Declaration, #11 Exhibit 13 to Glasser Declaration, #12 Exhibit 14 to Glasser Declaration, #13 Exhibit 15 to Glasser Declaration, #14 Exhibit 16 to Glasser Declaration, #15 Exhibit 17 to Glasser Declaration, #16 Exhibit 18 to Glasser Declaration, #17 Exhibit 19 to Glasser Declaration, #18 Exhibit 20 to Glasser Declaration, #19 Exhibit 21 to Glasser Declaration, #20 Exhibit 22 to Glasser Declaration, #21 Exhibit 23 to Glasser Declaration, #22 Exhibit 24 to Glasser Declaration, #23 Exhibit 25 to Glasser Declaration, #24 Exhibit 26 to Glasser Declaration, #25 Exhibit 27 to Glasser Declaration, #26 Proposed Order)(Ainsworth, Charles)
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Filing 24
Sealed Motion to Transfer Venue by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. (Attachments: #1 Affidavit Croft Declaration, #2 Affidavit Larkins Declaration, #3 Affidavit Price Declaration, #4 Exhibit 4 to Glasser Declaration, #5 Exhibit 5 to Glasser Declaration) (Ainsworth, Charles)
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Filing 23
NOTICE of Voluntary Dismissal by Xiros, Ltd. (Connor, Cabrach)
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Filing 22
NOTICE of Voluntary Dismissal by Xiros, Ltd. (Connor, Cabrach)
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Text Order MOOTING #19 Motion for Extension of Time to Answer entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JGlc)
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Text Order MOOTING #20 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Pursuant to the Court's Standing Order and the Notice of Extension of Time (Dkt. No. 21), the Motion is MOOT. As agreed in the Notice of Extension of Time (Dkt. No. 21), Defendant shall have up to and including October 11, 2021 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JGlc)
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Reset Deadlines: Ascension Medical Group Providence Orthopedic and Sports Medicine answer due 10/11/2021; Chad Connor, M.D. answer due 10/11/2021. (ir)
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Filing 21
NOTICE of Extension of Time to Respond to First Amended Complaint by Ascension Medical Group Providence Orthopedic and Sports Medicine, Chad Connor, M.D. re #18 Amended Complaint, (Nash, Brian)
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Filing 20
Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint, by Ascension Medical Group Providence Orthopedic and Sports Medicine, Chad Connor, M.D.. (Attachments: #1 Proposed Order)(Nash, Brian)
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Filing 19
Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint, by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Proposed Order)(Ainsworth, Charles)
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Filing 18
AMENDED COMPLAINT For Patent Infringement against All Defendants amending, filed by Xiros, Ltd.. (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, #18 Exhibit R)(Connor, Cabrach)
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Filing 17
NOTICE of Attorney Appearance by Michael C. Ting on behalf of Xiros, Ltd. (Ting, Michael)
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Text Order GRANTING #16 Motion to Appear Pro Hac Vice for Attorney Lisa Glasser for DePuy Synthes, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5)
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Text Order GRANTING #15 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendants' Motion for Extension of Time to Answer. Noting that it is unopposed, the Court GRANTS the Motion. Defendants shall have up to and including September 24, 2021 to file an answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hs)
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Reset Deadlines: DePuy Orthopaedics, Inc. answer due 9/24/2021; DePuy Synthes Sales, Inc. answer due 9/24/2021; DePuy Synthes, Inc. answer due 9/24/2021; Johnson & Johnson answer due 9/24/2021; Medical Device Business Services, Inc. answer due 9/24/2021. (ls)
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Filing 16
MOTION to Appear Pro Hac Vice by Charles L. Ainsworth on behalf of Lisa Glasser ( Filing fee $ 100 receipt number 0542-15037698) by on behalf of DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Proposed Order)(Ainsworth, Charles)
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Filing 15
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Proposed Order)(Ainsworth, Charles)
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Filing 14
NOTICE of Attorney Appearance by Charles L. Ainsworth on behalf of DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc. (Ainsworth, Charles)
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Filing 13
RULE 7 DISCLOSURE STATEMENT filed by Xiros, Ltd.. (Connor, Cabrach)
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Filing 12
Summons Issued as to Waco Orthopedics. (lad)
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Filing 11
Summons Issued as to Medical Device Business Services, Inc.. (lad)
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Filing 10
Summons Issued as to Johnson & Johnson. (lad)
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Filing 9
Summons Issued as to DePuy Synthes Sales, Inc.. (lad)
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Filing 8
Summons Issued as to Chad Connor, M.D.. (lad)
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Filing 7
Summons Issued as to DePuy Orthopaedics, Inc.. (lad)
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Filing 6
Summons Issued as to DePuy Synthes, Inc.. (lad)
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Filing 5
Summons Issued as to Jacob Battle, M.D.. (lad)
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Filing 4
Summons Issued as to Ascension Medical Group Providence Orthopedic and Sports Medicine. (lad)
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All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad)
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Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS by Xiros, Ltd.. (Connor, Cabrach)
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Filing 2
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Connor, Cabrach)
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Filing 1
COMPLAINT For Patent Infringement ( Filing fee $ 402 receipt number 0542-14961450). No Summons requested at this time, filed by Xiros, Ltd.. (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 Civil Cover Sheet)(Connor, Cabrach)
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