Berall v. Verathon Inc. et al
Plaintiff: Jonathan Berall, M.D.
Defendant: Verathon Inc., Pentax of America, Inc., Karl Storz Endoscopy-America, Inc., Aircraft Medical, Ltd., LMA North America, Inc. and AirTraq LLC
Case Number: 1:2010cv05777
Filed: July 30, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Kings
Presiding Judge: Barbara S. Jones
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
September 21, 2021 Opinion or Order Filing 338 ORDER granting 306 Letter Motion to Seal. Defendants may file the proposed documents under seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/21/2021) (jca)
September 17, 2021 Opinion or Order Filing 336 ORDER granting 335 Letter Motion for Extension of Time to File. The extensions requested above are GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/17/2021) (mml)
September 7, 2021 Opinion or Order Filing 329 ORDER OF DISMISSAL: In consideration of the parties' Stipulated Motion for Dismissal of all claims with prejudiceasserted between Dr. Jonathan Berall (hereinafter "Berall"), and defendants HOYA Corp.; HOYA Digital Solutions Corp.; and Pentax of America, Inc. (hereinafter collectively "HOYA"), the Stipulated Motion for Dismissal is GRANTED, and it is ORDERED, ADJUDGED AND DECREED that all claims asserted in this suit between Berall and HOYA are hereby dismissed wit h prejudice. This order does not dismiss Berall's claims against defendant Teleflex Medical, Inc., which remain pending. It is further ORDERED that each party will be responsible for its own costs and attorneys' fees. SO ORDERED this 7th day of September 2021. Pentax of America, Inc., Hoya Corp. and Hoya Digital Solutions Corp. terminated. (Signed by Judge Loretta A. Preska on 9/7/2021) (va)
September 2, 2021 Opinion or Order Filing 326 MEMORANDUM & ORDER granting in part and denying in part 244 Motion for Judgment on the Pleadings. For the reasons and to the extent described above, Defendants' motion for judgment on the pleadings [dkt. no. 244] is GRANTED IN PART and DENI ED IN PART. The following claims are hereby dismissed: (1) the direct infringement claim against Hoya and (2) the contributory infringement claims against Hoya, Hoya Digital, and Pentax. Consistent with Federal Rule of Civil Procedure 15(a)(2), Dr. Berall may file an amended complaint no later than September 24, 2021. The Clerk of the Court shall close the open motion. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/2/2021) (va)
June 22, 2021 Opinion or Order Filing 302 ORDER granting 298 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/22/2021) (va)
June 7, 2021 Opinion or Order Filing 297 ORDER re: 294 Letter, filed by Jonathan Berall, M.D. The Court is in receipt of the parties' letter of May 14, 2021, which sets forth their respective positions regarding a briefing schedule for Defendant Verathon Inc.'s pending motion to transfer venue. (See dkt. no. 294.) The Court has considered the parties' arguments and finds it appropriate to set a briefing schedule. Plaintiff shall file any.opposition to the motion to transfer no later than June 21, 2021. Any reply may be filed no later than June 28, 2021. SO ORDERED. ( Responses due by 6/21/2021, Replies due by 6/28/2021.) (Signed by Judge Loretta A. Preska on 6/7/2021) (va)
March 29, 2021 Opinion or Order Filing 285 ORDER granting 279 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/29/2021) (va)
March 16, 2021 Opinion or Order Filing 274 ORDER granting 271 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/16/2021) (va)
March 4, 2021 Opinion or Order Filing 270 ORDER granting 264 LETTER MOTION to Seal Plaintiff's Responsive Papers to Teleflex's Motion for Summary. The request to file the above documents under seal is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/4/2021) (jca)
February 16, 2021 Opinion or Order Filing 259 ORDER granting 254 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/16/2021) (va)
February 5, 2021 Opinion or Order Filing 252 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 2/5/2021) (cf)
January 26, 2021 Opinion or Order Filing 242 ORDER: The conference scheduled for January 26, 2021 at 10:00 a.m. is adjourned to January 27, 2021 at 12:00 p.m. The conference will occur as a teleconference using the dial-in 877-402-9753, access code: 6545179. SO ORDERED., ( Telephone Conference set for 1/27/2021 at 12:00 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/26/2021) (ama)
January 21, 2021 Opinion or Order Filing 239 ORDER: The conference scheduled for January 26, 2021 at 10:00 a.m. will occur as a teleconference using the dial-in 877-402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 1/26/2021 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/21/2021) (va)
January 13, 2021 Opinion or Order Filing 225 ORDER: Pursuant to Federal Rule of Civil Procedure 16, the parties shall appear for a scheduling conference on January 21, 2021 at 10:00 a.m. The conference will occur as a teleconference using the dial-in (888) 363-4734, access code: 4645450. SO ORDERED. ( Telephone Conference set for 1/21/2021 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/13/2021) (va)
January 6, 2021 Opinion or Order Filing 219 ORDER: If they have not already done so, the parties shall exchange promptly their Federal Rule of Civil Procedure 26(a)(1) initial disclosures. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/06/2021) (ama)
November 20, 2020 Opinion or Order Filing 205 ORDER: The Court is in receipt of the parties' letter [dkt. no. 189] outlining their positions on a case schedule. The parties shall confer and propose, by letter, a schedule to commence discovery--both as to pleading and venue issues as well as substantive issues--no later than December 4, 2020. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/20/2020) (va)
October 7, 2020 Opinion or Order Filing 177 ORDER: The Court is in receipt of the parties' joint mediation status report (dkt. no. 176). The stay is lifted as to Pentax. Plaintiff and Pentax shall appear for a telephonic conference on October 28, 2020 at 10:00 a.m. using the dial-in (888 ) 363-4734, access code: 4645450. Prior to the conference, Pentax shall inform the Court of its position on the proposed amendment. The other parties remain subject to the stay during mediation. They shall inform the Court by letter of the status of the mediation. ( Telephone Conference set for 10/28/2020 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 10/7/2020) (cf)
June 15, 2020 Opinion or Order Filing 169 ORDER REGARDING VENUE OBJECTIONS: Upon the stipulation and consent of the parties and for good cause shown, the Court hereby ORDERS that each of defendants Verathon, Inc., Pentax of America, Inc., and LMA North America, Inc. does not waive an obje ction to venue by participating in mediation sponsored by or under the supervision of this Court. Plaintiff contends that defendants have delayed in objecting to venue through actions other than participation in mediation. Each of defendants separ ately contends that it has not waived any objection to venue. This order does not address these positions, but rather leaves these issues to be resolved, if necessary, following completion of the mediation. (Signed by Judge Loretta A. Preska on 6/15/020) (cf)
June 8, 2020 Opinion or Order Filing 162 ORDER granting 156 Letter Motion for Local Rule 37.2 Conference. The parties shall appear for a telephonic conference on June 11 at 10:00 a.m. The dial-is is (888) 363-4734, access code: 4645450. SO ORDERED. Telephone Conference set for 6/11/2020 at 10:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 6/8/2020) (va)
November 18, 2019 Opinion or Order Filing 144 ORDER: By order dated November 13, 2019 [dkt. no. 141], the Court referred the matter to mediation with a request that pro bono counsel be located to represent Plaintiff at the mediation. Plaintiff shall inform the Court by letter no later than Dec ember 2 whether he is amenable to participating in the mediation. Plaintiff is reminded that if mediation does not proceed, defense counsel will proceed with several motions as set forth in their joint letter dated October 18, 2019 [dkt. no. 133]. The Clerk of the Court shall mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/18/2019) (mml) Transmission to Docket Assistant Clerk for processing.
November 13, 2019 Opinion or Order Filing 141 AMENDED MEDIATION REFERRAL ORDER: IT IS HEREBY ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the me diation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. IT IS FURTHER ORDERED that the Clerk of Court shall locate pro bono counsel to represent the plaintiff at the mediati on. The time to assign a mediator shall be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent plaintiff solely for purposes of the mediation, and that representation will ter minate when the mediation concludes. IT IS FURTHER ORDERED that any objection by the plaintiff to either the mediation or to the appointment of pro bono counsel to represent the plaintiff in the mediation must be filed within 14 days of this Order. I n the event the plaintiff files such an objection, the referral to mediation is vacated, and this case will not proceed to mediation. The Clerk of the Court shall mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/13/2019) (mml) Transmission to Docket Assistant Clerk for processing. Transmission to Mediation Clerk for processing.
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Plaintiff: Jonathan Berall, M.D.
Represented By: Douglas J. Gilbert
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Defendant: Verathon Inc.
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Defendant: Pentax of America, Inc.
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Defendant: Karl Storz Endoscopy-America, Inc.
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Defendant: Aircraft Medical, Ltd.
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Defendant: LMA North America, Inc.
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Defendant: AirTraq LLC
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