ESOTERIX GENETIC LABORATORIES, LLC et al v. AMBRY GENETICS CORPORATION
Plaintiff: ESOTERIX GENETIC LABORATORIES, LLC and THE JOHNS HOPKINS UNIVERSITY
Defendant: AMBRY GENETICS CORPORATION
Case Number: 1:2016cv01111
Filed: September 7, 2016
Court: US District Court for the Middle District of North Carolina
Office: NCMD Office
County: Alamance
Presiding Judge: WILLIAM L OSTEEN
Referring Judge: JOI ELIZABETH PEAKE
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 1126
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on April 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2018 Opinion or Order Filing 93 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 4/16/2018; that all claims for relief asserted against Ambry Genetics Corporation by Esoterix Genetic Laboratories, LLC, and The Johns Hopkins University are dismissed with prejudice. FURTHER that all claims for relief asserted against Esoterix Genetic Laboratories, LLC, and The Johns Hopkins University by Ambry Genetics Corporation are hereby dismissed with prejudice. FURTHER that all attorneys' fees, costs of court, and expenses shall be borne by each party incurring the same. (Sheets, Jamie)
April 11, 2018 CASE REFERRED re: Proposed Order on #92 Stipulation of Dismissal, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
April 10, 2018 Filing 92 STIPULATION of Dismissal by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(GARDNER, JOHN)
April 4, 2018 Opinion or Order TEXT ORDER - Based on the court's previous order (Doc. 91) staying all deadlines in this case for 60 days, IT IS ORDERED that the Markman Hearing presently set for 4/16/2018 is hereby cancelled. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 04/04/2018.] (Cable, Frances)
March 22, 2018 Opinion or Order Filing 91 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/22/2018, that the parties' joint motion (Doc. #89 ) is GRANTED and that all deadlines in this matter are STAYED. This stay shall remain in effect for 60 days. At the conclusion of the 60-day period, if the parties require additional time, they shall file a joint request setting out the status of the case and their requested period of time for a further stay. (Garland, Leah)
March 22, 2018 Opinion or Order Filing 90 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/22/2018, that Plaintiff Johns Hopkins University's motion for extension (Doc. #88 ) is GRANTED and that Plaintiff shall have up to and including April 4, 2018, within which to respond to Defendant's Motion to Compel. (Garland, Leah)
March 22, 2018 Filing 89 Joint MOTION to Stay All Deadlines Pending Completion of Settlement by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(WRAY, CAROLINE)
March 22, 2018 Motion Submitted: #88 Consent MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Compel Discovery filed by Plaintiff The Johns Hopkins University, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
March 21, 2018 Filing 88 Consent MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Compel Discovery from Plaintiff The Johns Hopkins University by THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time)(SUN, PAUL)
March 14, 2018 Opinion or Order Filing 87 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/14/2018, that the Parties' joint motion (Doc. #85 ) is GRANTED and that the following modifications to the schedule is hereby GRANTED as set out. FURTHER ORDERED that the Parties will not serve new written discovery requests under Fed. R. Civ. P. 33, 34, or 36 and will complete document production no later than April 24, 2018. (Garland, Leah)
March 14, 2018 Reset Scheduling Order Deadlines: Discovery due by 8/27/2018. (Garland, Leah)
March 12, 2018 Motion Submitted: #85 Joint MOTION to Modify Schedule, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
March 9, 2018 Filing 86 NOTICE of Appearance by attorney EVAN E. BOETTICHER on behalf of Defendant AMBRY GENETICS CORPORATION (BOETTICHER, EVAN)
March 8, 2018 Filing 85 Joint MOTION to Modify Schedule by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(WRAY, CAROLINE)
March 8, 2018 Filing 84 NOTICE of Appearance by attorney DANIEL R. FOSTER on behalf of Defendant AMBRY GENETICS CORPORATION (FOSTER, DANIEL)
March 8, 2018 Motions Submitted: #64 MOTION to Preclude Plaintiffs from Adding New Infringement Contentions, #66 MOTION for Leave to File Exhibits under Seal, #75 MOTION for Leave to File Exhibits Under Seal, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
March 7, 2018 Filing 83 DECLARATION filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION re #81 MOTION to Compel Discovery from Plaintiff The Johns Hopkins University, #82 Brief,,, (Declaration of Bhanu K. Sadasivan in Support of Motion to Compel Discovery from Plaintiff The Johns Hopkins University) filed by AMBRY GENETICS CORPORATION. (Attachments: #1 Exhibit A - 1st DR to JHU, #2 Exhibit B - JHU Responses to 1st DR, #3 Exhibit C - 6/1/17 Letter, #4 Exhibit D - 2nd DR, #5 Exhibit E - Responses to 2nd DR, #6 Exhibit F - 1/12/18 Letter, #7 Exhibit G - 2/13/18 Letter, #8 Exhibit H - Notice of Deposition (Vogelstein), #9 Exhibit I - Notice of Deposition (Kinzler), #10 Exhibit J - Notice of R 30b6 Deposition (JHU), #11 Exhibit K - Objections to R 30b6 Deposition, #12 Exhibit L - Initial Disclosures, #13 Exhibit M - Request for Email Discovery, #14 Exhibit N - 3/1/18 Email)(SAR, DAVID)
March 7, 2018 Filing 82 BRIEF re #81 MOTION to Compel Discovery from Plaintiff The Johns Hopkins University by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION filed by AMBRY GENETICS CORPORATION. (Attachments: #1 Exhibit A - 1st DR to JHU, #2 Exhibit B - JHU Responses to 1st DR, #3 Exhibit C - 6/1/17 Letter, #4 Exhibit D - 2nd DR, #5 Exhibit E - Responses to 2nd DR, #6 Exhibit F - 1/12/18 Letter, #7 Exhibit G - 2/13/18 Letter, #8 Exhibit H - Notice of Deposition (Vogelstein), #9 Exhibit I - Notice of Deposition (Kinzler), #10 Exhibit J - Notice of R 30b6 Deposition (JHU), #11 Exhibit K - Objections to R 30b6 Deposition, #12 Exhibit L - Initial Disclosures, #13 Exhibit M - Request for Email Discovery, #14 Exhibit N - 3/1/18 Email)(SAR, DAVID)
March 7, 2018 Filing 81 MOTION to Compel Discovery from Plaintiff The Johns Hopkins University by AMBRY GENETICS CORPORATION. Response to Motion due by 3/21/2018 (Attachments: #1 Text of Proposed Order)(SAR, DAVID)
March 5, 2018 Filing 80 DECLARATION of Robin Adkins in Support of Plaintiffs' Motion to Compel Defendant's Compliance with Discovery filed by Plaintiff ESOTERIX GENETIC LABORATORIES, LLC re #79 Brief, #78 MOTION to Compel Discovery - Plaintiffs' Motion to Compel Defendant's Compliance with Discovery filed by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Exhibit 1 - Ambry May 2017 Preliminary Contentions (Portion), #2 Exhibit 2 - 1/9/18 Letter from C. Wray to E. Boetticher, #3 Exhibit 3 - Ambry Responses to Third Set of Interrogatories, #4 Exhibit 4 - Ambry Responses to 30(b)(6) Topices, #5 Exhibit 5 - 1/26/18 Letter from E. Boetticher to C. Wray, #6 Exhibit 6 - 2/21/18 Email from E. Boetticher to D. Powell)(POWELL, NOEL)
March 5, 2018 Filing 79 BRIEF re #78 MOTION to Compel Discovery - Plaintiffs' Motion to Compel Defendant's Compliance with Discovery . (POWELL, NOEL)
March 5, 2018 Filing 78 MOTION to Compel Discovery - Plaintiffs' Motion to Compel Defendant's Compliance with Discovery by ESOTERIX GENETIC LABORATORIES, LLC. Response to Motion due by 3/19/2018 (Attachments: #1 Text of Proposed Order)(POWELL, NOEL)
February 28, 2018 Filing 77 REPLY, filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION, to Response to #64 MOTION to Preclude Plaintiffs from Adding New Infringement Contentions filed by AMBRY GENETICS CORPORATION. (Attachments: #1 Affidavit Declaration of Gaede, #2 Exhibit R to Declaration of Gaede, #3 Exhibit S to Declaration of Gaede, #4 Exhibit T to Declaration of Gaede)(SAR, DAVID)
February 21, 2018 Filing 76 SEALED UNREDACTED DOCUMENTS (Exhibit 5 to Dec. of R. Adkins #74) filed by Defendant AMBRY GENETICS CORPORATION, Plaintiffs ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY re #75 MOTION to Seal - Plaintiffs' Motion for Leave to File Exhibits Under Seal) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by ESOTERIX GENETIC LABORATORIES, LLC. Response to Motion due by 3/14/2018 (GARDNER, JOHN), #74 DECLARATION of Robin Adkins in Support of Plaintiffs Opposition to Ambry's Motion to Preclude Plaintiffs from Adding New Infringement Contentions re #73 Response in Opposition to Motion by Plaintiff ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: # 1 Exhibit 1 - 5-5-17 Ltr from C. Wray to E. Boetticher, # 2 Exhibit 2 - 2-6-17 EGL-JHU's First Set of RPFs to Ambry, # 3 Exhibit 3 - 3-31-17 Letter to Ambry Counsel re discovery deficiencies, # 4 Exhibit 4 - 2-2-18 Letter from D. Powell to Ambry Counsel re meet and confer, # 5 Exhibit 5 - 12-29-17 Excerpts REDACTED of Ambry's Amended Preliminary Non-Infringement and Invalidity Contentions)(GARDNER, JOHN). (GARDNER, JOHN)
February 21, 2018 Filing 75 MOTION to Seal - Plaintiffs' Motion for Leave to File Exhibits Under Seal) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by ESOTERIX GENETIC LABORATORIES, LLC. Response to Motion due by 3/14/2018 (GARDNER, JOHN)
February 21, 2018 Filing 74 DECLARATION of Robin Adkins in Support of Plaintiffs Opposition to Ambry's Motion to Preclude Plaintiffs from Adding New Infringement Contentions re #73 Response in Opposition to Motion by Plaintiff ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Exhibit 1 - 5-5-17 Ltr from C. Wray to E. Boetticher, #2 Exhibit 2 - 2-6-17 EGL-JHU's First Set of RPFs to Ambry, #3 Exhibit 3 - 3-31-17 Letter to Ambry Counsel re discovery deficiencies, #4 Exhibit 4 - 2-2-18 Letter from D. Powell to Ambry Counsel re meet and confer, #5 Exhibit 5 - 12-29-17 Excerpts REDACTED of Ambry's Amended Preliminary Non-Infringement and Invalidity Contentions)(GARDNER, JOHN)
February 21, 2018 Filing 73 RESPONSE in Opposition re #64 MOTION to Preclude Plaintiffs from Adding New Infringement Contentions filed by AMBRY GENETICS CORPORATION filed by ESOTERIX GENETIC LABORATORIES, LLC. Replies due by 3/7/2018 (GARDNER, JOHN)
February 15, 2018 Filing 72 NOTICE of Appearance by attorney SUSAN A. CAHOON on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (CAHOON, SUSAN)
February 13, 2018 Filing 70 ***FILED IN ERROR*** NOTICE by ESOTERIX GENETIC LABORATORIES, LLC of Special Appearance of Susan A. Cahoon (FERRARIO, MATIAS) Modified on 2/16/2018. See #72 for corrected filing. (Sheets, Jamie)
February 12, 2018 Filing 71 REPORT OF MEDIATOR from James Amend - Mediation Held on 7/12/2017.(Impasse)(Gammon, Cheryl)
February 12, 2018 Filing 69 NOTICE OF HEARING: Markman Hearing set for 4/16/2018 09:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)
February 7, 2018 Filing 68 SEALED UNREDACTED DOCUMENTS (Unredacted Exhibits L and P to Hagen Declaration, filed with redacted exhibits at Doc. 65, subject to Motion for Leave to File Exhibits under Seal, Doc. 66) filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION, Plaintiffs ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY, Counter Defendants ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY re #66 MOTION to Seal (Motion for Leave to File Exhibits under Seal) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by AMBRY GENETICS CORPORATION. Response to Motion due by 2/28/2018 (SAR, DAVID). (Attachments: #1 Exhibit L - Part L-1, #2 Exhibit L - Part L-2, #3 Exhibit L - Part L-3, #4 Exhibit L - Part L-4, #5 Exhibit P)(SAR, DAVID)
February 7, 2018 Filing 67 MEMORANDUM filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION re #66 MOTION to Seal (Motion for Leave to File Exhibits under Seal) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] filed by AMBRY GENETICS CORPORATION. (SAR, DAVID)
February 7, 2018 Filing 66 MOTION to Seal (Motion for Leave to File Exhibits under Seal) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by AMBRY GENETICS CORPORATION. Response to Motion due by 2/28/2018 (SAR, DAVID)
February 7, 2018 Filing 65 MEMORANDUM filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION re #64 MOTION to Preclude Plaintiffs from Adding New Infringement Contentions filed by AMBRY GENETICS CORPORATION. (Attachments: #1 Affidavit Declaration of Hagen, #2 Exhibit Hagen Ex. A, #3 Exhibit Hagen Ex. B, #4 Exhibit Hagen Ex. C, #5 Exhibit Hagen Ex. D, #6 Exhibit Hagen Ex. E, #7 Exhibit Hagen Ex. F, #8 Exhibit Hagen Ex. G, #9 Exhibit Hagen Ex. H, #10 Exhibit Hagen Ex. I, #11 Exhibit Hagen Ex. J, #12 Exhibit Hagen Ex. K, #13 Exhibit Hagen Ex. L (slip sheet), #14 Exhibit Hagen Ex. M, #15 Exhibit Hagen Ex. N, #16 Exhibit Hagen Ex. O, #17 Exhibit Hagen Ex. P (slip sheet), #18 Exhibit Hagen Ex. Q)(SAR, DAVID)
February 7, 2018 Filing 64 MOTION to Preclude Plaintiffs from Adding New Infringement Contentions by AMBRY GENETICS CORPORATION. Response to Motion due by 2/28/2018 (SAR, DAVID)
January 22, 2018 Opinion or Order Filing 63 AGREED PROTECTIVE ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 1/22/2018 as set out herein. (Sheets, Jamie)
January 22, 2018 Opinion or Order Filing 62 E-DISCOVERY ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 1/22/2018; that the Parties' Joint Motion (Doc. #58 ) is GRANTED as set out herein. (Sheets, Jamie)
January 22, 2018 Opinion or Order Filing 61 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 1/22/2018; that the motion for withdrawal (Doc. #60 ) is GRANTED and that Attorney Allison W. Dobson is allowed to withdraw from representing Plaintiff Esoterix. Remaining counsel of record for Plaintiff shall continue as counsel in this matter. (Sheets, Jamie)
January 22, 2018 *** Attorney ALLISON W. DOBSON terminated. (Sheets, Jamie)
January 11, 2018 Filing 60 Consent MOTION to Withdraw as Counsel by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(WRAY, CAROLINE)
January 9, 2018 Motions Submitted re: #58 CONSENT JOINT MOTION for Entry of Order on Electronic Discovery, #59 JOINT MOTION for Entry of Protective Order, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
January 5, 2018 Filing 59 JOINT MOTION for Entry of Protective Order by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Exhibit - Proposed Order)(POWELL, NOEL)
January 5, 2018 Filing 58 Consent JOINT MOTION for Entry of Order on Electronic Discovery by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Exhibit - Proposed Order)(POWELL, NOEL)
November 28, 2017 Opinion or Order Filing 57 ORDER GRANTING JOINT MOTION TO MODIFY CASE SCHEDULE signed by JUDGE WILLIAM L. OSTEEN, JR on 11/28/2017; that the Parties' joint motion (Doc. #56 ) is GRANTED and that the deadline for Plaintiffs to serve amended preliminary infringement contentions is extended to November 29, 2017, and the deadline for Defendant to serve amended preliminary invalidity and/or non-infringement contentions is extended to December 29, 2017. FURTHER that modifications to the schedule are hereby GRANTED as set out herein. (Sheets, Jamie)
November 21, 2017 Filing 56 Joint MOTION to Modify Schedule by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(POWELL, NOEL)
November 1, 2017 CASE REFERRED RE: #43 Opening Claim Construction Brief, #46 Opening Claim Construction Brief, #53 Plaintiffs' Responsive Brief, #51 Defendant's Responsive Brief, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
October 5, 2017 Filing 55 DECLARATION of Robin Adkins in Support of Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Responsive Claim Construction Brief re #53 Brief by Plaintiffs ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Exhibit 24 - Excerpts from Meriam-Webster, #2 Exhibit 25 - Excerpts from The American Heritage Dictionary, #3 Exhibit 26 - Excerpts from the Deposition Transcript of G. Buck, #4 Exhibit 27 - Excerpts from Principles of Medical Genetics)(GARDNER, JOHN)
October 5, 2017 Filing 54 DECLARATION of David H. Sherman, Ph.D. In Support of Esoterix Genetic Laboratories, LLC's and the Johns Hopkins University's Responsive Claim Construction Brief re #53 Brief by Plaintiff ESOTERIX GENETIC LABORATORIES, LLC, Counter Defendant THE JOHNS HOPKINS UNIVERSITY. (GARDNER, JOHN)
October 5, 2017 Filing 53 Plaintiffs Esoterix Genetic Laboratories, LLC's and the Johns Hopkins University's Responsive Claim Construction Brief BRIEF . (GARDNER, JOHN)
October 5, 2017 Filing 52 DECLARATION of Bhanu K. Sadasivan in Support of Defendant Ambry Genetics Corporation's Responsive Claim Construction Brief filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION re #51 Response filed by AMBRY GENETICS CORPORATION. (Attachments: #1 Exhibit I - New Oxford Dictionary, #2 Exhibit J - Deposition Transcript of Dr. Gregory A. Buck)(SAR, DAVID)
October 5, 2017 Filing 51 RESPONSE re #43 Brief - Responsive Claim Construction Brief filed by AMBRY GENETICS CORPORATION. Replies due by 10/19/2017 (SAR, DAVID)
October 2, 2017 Opinion or Order Filing 50 ORDER GRANTING JOINT MOTION TO MODIFY SCHEDULING ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 10/2/2017; that the Parties' joint motion (Doc. #49 ) is GRANTED and that the deadline for the Parties to exchange their Responsive Claim Construction Briefs pursuant to LR 104.5(b) is hereby extended to October 5, 2017. (Sheets, Jamie)
September 27, 2017 Filing 49 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(WRAY, CAROLINE)
September 27, 2017 Motion Submitted: #49 Joint MOTION to Modify Scheduling Order, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
September 7, 2017 Filing 48 DECLARATION filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION re #46 Brief (Declaration of Gregory A. Buck, Ph.D. in Support of Ambry Genetics Corporation's Opening Claim Construction Brief) filed by AMBRY GENETICS CORPORATION. (Attachments: #1 Exhibit A-C.V. of Gregory A. Buck)(SAR, DAVID)
September 7, 2017 Filing 47 DECLARATION filed by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION re #46 Brief (Declaration of Bhanu K. Sadasivan in Support of Defendant Ambry Genetics Corporation's Opening Claim Construction Brief) filed by AMBRY GENETICS CORPORATION. (Attachments: #1 Exhibit A-Plaintiff's Amended Disclosure of Asserted Claims, #2 Exhibit B-Amendment and Response, #3 Exhibit C-Notice of Allowability, #4 Exhibit D-Declaration of Sherman, #5 Exhibit E-Deposition Transcript of Sherman, #6 Exhibit F-Definition of Plurality, #7 Exhibit G-Webster's II New College Dictionary, #8 Exhibit H-Office Action)(SAR, DAVID)
September 7, 2017 Filing 46 Defendant Ambry Genetics Corporation's Opening Claim Construction BRIEF by Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION filed by AMBRY GENETICS CORPORATION. (SAR, DAVID)
September 7, 2017 Filing 45 Additional Attachments to Main Document re #44 Declaration,,,, of Robin Adkins in Support of Esoterix Gentic Laboratories, LLC's and The Johns Hopkins University's Opening Claim Construction Brief. (Attachments: #1 Exhibit 15 - Excerpts from Webster's Ninth New Collegiate Dictionary, #2 Exhibit 16 - Excerpts from Webster's II New College Dictionary (3d Ed), #3 Exhibit 17 - Excerpts from The World Book Dictionary (L-Z), #4 Exhibit 18 - Excerpts from A Dictionary of Genetics, #5 Exhibit 19 - Excerpts from Penguin Dictionary of Biology, #6 Exhibit 20 - Excerpts from Anatomy & Physiology, #7 Exhibit 21 - Excerpts from Cecil Textbook of Medicine, #8 Exhibit 22 - PCT Patent Appln. No. WO 99/36576, #9 Exhibit 23 - U.S. Patent No. 5,639,609)(GARDNER, JOHN)
September 7, 2017 Filing 44 DECLARATION of Robin Adkins in Support of Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Opening Claim Construction Brief re #43 Brief by Plaintiffs ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Exhibit 1 - Excerpts from Genes VI, #2 Exhibit 2 - Whitcombe Article, #3 Exhibit 3 - Excerpts from The Chambers Dictionary, #4 Exhibit 4 - Excerpts from Webster's II New College Dictionary, #5 Exhibit 5 - US Patent No. 4,267,055, #6 Exhibit 6 - PCT Patent Appln. No. WO 00/67037, #7 Exhibit 7 - GB Patent No. 1,164,949, #8 Exhibit 8 - Excerpts from The American Heritage Dictionary (2d College Ed), #9 Exhibit 9 - Excerpts from Taber's Cyclopedic Medical Dictionary, #10 Exhibit 10 - Excerpts from The World Book Dictionary (A-K), #11 Exhibit 11 - Excerpts from Genes V, #12 Exhibit 12 - Excerpts from Dictionary of Modern Biology, #13 Exhibit 13 - Excerpts from Random House Compact Unabridged Dictionary, #14 Exhibit 14 - Excerpts from The Random House Dictionary of the English Language)(GARDNER, JOHN)
September 7, 2017 Filing 43 Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Opening Claim Construction BRIEF . (GARDNER, JOHN)
August 22, 2017 Opinion or Order Filing 42 ORDER GRANTING JOINT MOTION TO MODIFY SCHEDULING ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 8/22/2017; that the Parties' joint motion (Doc. #41 ) is GRANTED and that the time for Claim Construction briefing is extended as follows: (1) Opening Claim Construction Brief pursuant to LR 104.5(a) is due September 7, 2017, and (2) Responsive Claim Construction Brief pursuant to LR 104.5(b) is due September 28, 2017. (Sheets, Jamie)
August 21, 2017 Filing 41 JOINT MOTION (Joint Motion to Modify Scheduling Order) by AMBRY GENETICS CORPORATION. (Attachments: #1 Text of Proposed Order) (SAR, DAVID)
July 24, 2017 Filing 40 STATEMENT Joint Claim Construction Statement by Plaintiffs ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(FERRARIO, MATIAS)
June 28, 2017 Opinion or Order Filing 39 ORDER GRANTING JOINT MOTIONS TO MODIFY SCHEDULING ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 6/28/2017; that the Parties' joint motions are GRANTED and that the deadline for the Parties to exchange their Preliminary Claim Constructions and Extrinsic Evidence pursuant to LR 104.2 is hereby extended to July 7, 2017, and the deadline for the Parties to file their Joint Claim Construction Statement pursuant to LR 104.3 is hereby extended to July 24, 2017. (Sheets, Jamie)
June 28, 2017 Filing 38 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS)
June 22, 2017 Opinion or Order Filing 37 ORDER GRANTING JOINT MOTIONS TO MODIFY SCHEDULING ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 6/22/2017; that the Parties' joint motions are GRANTED and that the deadline for the Parties to exchange their Preliminary Claim Constructions and Extrinsic Evidence pursuant to LR 104.2 is hereby extended to June 29, 2017, and the deadline for the Parties to file their Joint Claim Construction Statement pursuant to LR 104.3 is hereby extended to July 17, 2017. (Sheets, Jamie)
June 20, 2017 Filing 36 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS)
March 29, 2017 Opinion or Order Filing 35 ORDER Appointing JAMES AMEND as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
March 29, 2017 Filing 34 NOTICE by ESOTERIX GENETIC LABORATORIES, LLC - Joint Notice of Selection of Mediator (POWELL, NOEL)
March 24, 2017 MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 3/31/2017. The parties agree that mediation for the Myriad and Ambry cases shall be conducted separately and early in discovery. The date to be set by the mediator. (Gammon, Cheryl) (Gammon, Cheryl)
March 20, 2017 Opinion or Order Filing 33 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 3/20/2017 approving the Amended Joint Rule 26(f) Report (Doc. #32 ) without modification. Discovery shall be placed on a case-management track designated in LR 26.1(a) as: Complex. The parties agree that mediation for the Myriad and Ambry cases shall be conducted separately and early in the discovery period with the exact date to be set by the mediator after consultation with the parties. The parties will identify an agreed-upon mediator by March 31, 2017. Plaintiffs' Amended Pleadings due by 8/18/2017. Defendant's Amended Pleadings due by 8/18/2017. Joinder of Parties for Plaintiff due by 8/18/2017. Joinder of Parties for Defendant due by 8/18/2017. The parties have not consented to referral of the case to a Magistrate Judge or a master. Trial of the action is expected to take approximately 10 days. A jury trial has been demanded. (Sheets, Jamie)
March 16, 2017 Filing 32 AMENDED Rule 26(f) Report (Joint) filed by all parties by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Exhibit 1 - Proposed Case Management Schedule)(POWELL, NOEL)
March 16, 2017 Motions Submitted: (#32 in 1:16cv1111) Rule 26(f) Report (Joint) filed by all parties, (#43 in 1:16cv1112) Rule 26(f) Report (Joint) filed by all parties, to CHIEF JUDGE WILLIAM L. OSTEEN, JR.
March 9, 2017 Filing 31 Transcript of Proceedings held on 02/24/2017, before Judge William L. Osteen, Jr. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 4/3/2017. Redacted Transcript Deadline set for 4/13/2017. Release of Transcript Restriction set for 6/12/2017. Associated Cases: 1:16-cv-01111-WO-JEP, 1:16-cv-01112-WO-JEP (Armstrong, Joe)
February 24, 2017 Minute Entry for proceedings held before CHIEF JUDGE WILLIAM L. OSTEEN, JR., in G-1: Scheduling Conference held on 2/24/2017. Attorneys Matias Ferrario, Dean Powell, Jr., Jason Grier, Paul Sun, Jr. and in-house counsel Hunter Stamey appeared on behalf of Plaintiffs. Attorneys William Gaede, David Sar, Peter Armenio, Allison Mullins and Anne Toker appeared on behalf of Defendants. Court addressed the coordination of Discovery in each of these matters; Parties are to confer and submit a Revised Proposed Joint Rule 26(f) Report for the Court's consideration. (Court Reporter Joseph Armstrong.) Associated Cases: 1:16-cv-01111-WO-JEP, 1:16-cv-01112-WO-JEP(Welch, Kelly)
February 14, 2017 Filing 30 Rule 26(f) Report (Joint) filed by all parties by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Exhibit 1 - Proposed Case Management Schedule)(POWELL, NOEL)
January 30, 2017 Filing 29 NOTICE of Hearing: Pretrial Conference set for 2/24/2017 01:00 PM in Greensboro Courtroom #1 before CHIEF JUDGE WILLIAM L. OSTEEN JR. Associated Cases: 1:16-cv-01111-WO-JEP, 1:16-cv-01112-WO-JEP (Welch, Kelly)
December 22, 2016 Opinion or Order Filing 28 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 12/22/2016; Defendants in the Myriad case shall file a response to Plaintiffs' motion to schedule a pretrial conference (Doc. 28) on or before January 2, 2017. The parties will meet and confer and submit to the court a report pursuant to LR 16.2 or LR 16.3 as appropriate. That report or reports shall be filed at least 10 days prior to the initial pretrial conference. However, neither the conference between the parties nor the reports are required to occur in a time period shorter than 14 days following the date a response is filed in the Myriad case as detailed in the preceding paragraph 1, and as set out herein. Associated Cases: 1:16-cv-01112-WO-JEP, 1:16-cv-01111-WO-JEP (Sheets, Jamie)
December 21, 2016 Filing 27 NOTICE of Cancellation of Initial Pretrial Conference currently set before MAG/JUDGE Joi Elizabeth Peake on 1/19/17. (Garrett, Kim)
November 30, 2016 Filing 26 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 1/19/2017 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim)
November 28, 2016 Filing 25 RESPONSE re #17 Answer to Complaint, Counterclaim Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Answer to Defendant Ambry Genetic Corporation's Counterclaims by ESOTERIX GENETIC LABORATORIES, LLC. Replies due by 12/15/2016. (FERRARIO, MATIAS)
November 17, 2016 Filing 24 NOTICE of Appearance by attorney CAROLINE K. WRAY on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (WRAY, CAROLINE)
November 11, 2016 Filing 23 NOTICE of Appearance by attorney ERIC W. HAGEN on behalf of Defendant AMBRY GENETICS CORPORATION (HAGEN, ERIC)
November 9, 2016 Filing 22 NOTICE of Appearance by attorney MANDY H. KIM on behalf of Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION (KIM, MANDY)
November 4, 2016 Filing 21 NOTICE of Appearance by attorney ALLISON W. DOBSON on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (DOBSON, ALLISON)
November 3, 2016 Filing 20 NOTICE of Appearance by attorney JAMES T. WILLIAMS, JR on behalf of Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION (WILLIAMS, JAMES)
November 2, 2016 Filing 19 NOTICE of Appearance by attorney BHANU K. SADASIVAN on behalf of Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION (SADASIVAN, BHANU)
November 2, 2016 Filing 18 NOTICE of Appearance by attorney WILLIAM G. GAEDE on behalf of Counter Claimant AMBRY GENETICS CORPORATION, Defendant AMBRY GENETICS CORPORATION (GAEDE, WILLIAM)
November 2, 2016 Filing 17 ANSWER to #1 Complaint, with Jury Demand , Counterclaim (Counterclaims against Esoterix Genetic Laboratories, LLC and The Johns Hopkins University) against by AMBRY GENETICS CORPORATION. (SAR, DAVID)
November 2, 2016 Filing 16 NOTICE of Appearance by attorney DAVID WILLIAM SAR on behalf of Defendant AMBRY GENETICS CORPORATION (SAR, DAVID)
September 30, 2016 Filing 15 Corporate Disclosure Statement by AMBRY GENETICS CORPORATION. (PHILLIPS, JIM)
September 30, 2016 Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint, by AMBRY GENETICS CORPORATION. (Attachments: #1 Text of Proposed Order Exhibit A)(PHILLIPS, JIM)
September 30, 2016 Filing 13 NOTICE of Appearance by attorney JIM W. PHILLIPS, JR on behalf of Defendant AMBRY GENETICS CORPORATION (PHILLIPS, JIM)
September 30, 2016 Opinion or Order ORDER granting #14 Motion for Extension of Time to Answer for AMBRY GENETICS CORPORATION. Answer due by 11/2/2016. Signed by John Brubaker, Clerk of Court, on 09/30/2016. (Brubaker, John)
September 21, 2016 Filing 12 AFFIDAVIT OF SERVICE by complaint as to AMBRY GENETICS CORPORATION served on 9/12/2016, answer due 10/3/2016. (GARDNER, JOHN)
September 13, 2016 Filing 11 NOTICE of Appearance by attorney KATRINA M. QUICKER on behalf of Plaintiff THE JOHNS HOPKINS UNIVERSITY (QUICKER, KATRINA)
September 13, 2016 Filing 10 NOTICE of Appearance by attorney JASON P. GRIER on behalf of Plaintiff THE JOHNS HOPKINS UNIVERSITY (GRIER, JASON)
September 9, 2016 CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle)
September 8, 2016 Filing 8 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 consent form)(Coyne, Michelle)
September 8, 2016 Filing 7 Summons Issued as to AMBRY GENETICS CORPORATION. (Coyne, Michelle)
September 8, 2016 Filing 6 NOTICE of Appearance by attorney NOEL DEAN POWELL, JR on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (POWELL, NOEL)
September 8, 2016 Filing 5 NOTICE of Appearance by attorney MATIAS FERRARIO on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (FERRARIO, MATIAS)
September 8, 2016 Case ASSIGNED to CHIEF JUDGE WILLIAM L. OSTEEN, JR and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. Set flag for Magistrate Judge Joi Elizabeth Peake. (Coyne, Michelle)
September 7, 2016 Filing 4 Corporate Disclosure Statement by THE JOHNS HOPKINS UNIVERSITY. (SUN, PAUL)
September 7, 2016 Filing 3 NOTICE of Appearance by attorney PAUL K. SUN, JR on behalf of Plaintiff THE JOHNS HOPKINS UNIVERSITY (SUN, PAUL)
September 7, 2016 Filing 2 Corporate Disclosure Statement by ESOTERIX GENETIC LABORATORIES, LLC identifying Corporate Parent LABORATORY CORPORATION OF AMERICA HOLDINGS for ESOTERIX GENETIC LABORATORIES, LLC.. (GARDNER, JOHN)
September 7, 2016 Filing 1 COMPLAINT against AMBRY GENETICS CORPORATION ( Filing fee $ 400 receipt number 0418-1981867.), filed by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Exhibit A - USPN 6440706, #2 Exhibit B - USPN7824889, #3 Exhibit C - USPN 7915015, #4 Exhibit D - USPN 8859206)(GARDNER, JOHN)

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 North Carolina Middle District Court's Electronic Court Filings (ECF) System

Search for this case: ESOTERIX GENETIC LABORATORIES, LLC et al v. AMBRY GENETICS CORPORATION
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ESOTERIX GENETIC LABORATORIES, LLC
Represented By: JOHN STEVEN GARDNER
Represented By: SUSAN A. CAHOON
Represented By: NOEL DEAN POWELL, JR.
Represented By: ALLISON W. DOBSON
Represented By: MATIAS FERRARIO
Represented By: CAROLINE K. WRAY
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: THE JOHNS HOPKINS UNIVERSITY
Represented By: KATRINA M. QUICKER
Represented By: PAUL K. SUN, JR.
Represented By: JASON P. GRIER
Represented By: NOEL DEAN POWELL, JR.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: AMBRY GENETICS CORPORATION
Represented By: ERIC W. HAGEN
Represented By: EVAN E. BOETTICHER
Represented By: DAVID WILLIAM SAR
Represented By: BHANU K. SADASIVAN
Represented By: MANDY H. KIM
Represented By: DANIEL R. FOSTER
Represented By: JIM W. PHILLIPS, JR.
Represented By: JAMES T. WILLIAMS, JR.
Represented By: WILLIAM G. GAEDE
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.

Why Is My Information Online?