ESOTERIX GENETIC LABORATORIES, LLC et al v. MYRIAD GENETICS, INC. et al
| ESOTERIX GENETIC LABORATORIES, LLC and THE JOHNS HOPKINS UNIVERSITY |
| MYRIAD GENETICS, INC, MYRIAD GENETIC LABORATORIES, INC. and MYRIAD GENETICS, INC. |
| 1:2016cv01112 |
| September 7, 2016 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| WILLIAM L OSTEEN |
| JOI ELIZABETH PEAKE |
| Patent |
| 15 U.S.C. § 1126 |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2017. A more recent docket listing may be available from PACER.
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Filing 62
ORDER OF DISMISSAL WITHOUT PREJUDICE signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 08/24/2017, that this action is hereby DISMISSED WITHOUT PREJUDICE. FURTHER that except as otherwise agreed, the respective parties shall bear their own attorneys' fees and costs. FURTHER that the parties' Joint Motion to Stay (Doc. #60 ) is DENIED AS MOOT. (Garland, Leah)
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| Filing 61 STIPULATION of Dismissal Without Prejudice by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS) |
| Filing 60 Joint MOTION to Stay by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS) |
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Filing 59
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 08/09/2017, that the Parties' joint motion is (Doc. #58 ) is GRANTED and that the deadline for the Parties to file their Joint Claim Construction Statement pursuant to LR 104.3 is hereby extended to August 21, 2017. (Garland, Leah)
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| Motion Submitted: #58 Joint MOTION to Modify Scheduling Order, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 58 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS) |
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Filing 57
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 08/04/2017, that the Parties' joint motion is (Doc. #56 ) is GRANTED and that the deadline for the Parties to file their Joint Claim Construction Statement pursuant to LR 104.3 is hereby extended to August 7, 2017. (Garland, Leah)
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| Filing 56 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. Response to Motion due by 8/21/2017 (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS) |
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Filing 55
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 07/25/2017, that the Parties' joint motion is (Doc. #54 ) is GRANTED and that the deadline for the Parties to file their Joint Claim Construction Statement pursuant to LR 104.3 is hereby extended to July 31, 2017. (Taylor, Abby)
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| Filing 54 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. Response to Motion due by 8/14/2017 (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS) |
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Filing 53
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 07/11/2017, that the Parties' joint motion (Doc. #52 ) is 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 14, 2017. (Garland, Leah)
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| Filing 52 Joint MOTION to Modify Scheduling Order by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC.. Response to Motion due by 7/28/2017 (Attachments: #1 Text of Proposed Order)(RUSSELL, STEPHEN) |
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Filing 51
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)
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| Filing 50 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS) |
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Filing 49
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)
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| Filing 48 Joint MOTION to Modify Scheduling Order by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(FERRARIO, MATIAS) |
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Filing 47
ORDER Appointing JAMES M. AMEND as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Gammon, Cheryl).
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| Filing 46 NOTICE of Appearance by attorney PETER J. ARMENIO on behalf of Defendants MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. (ARMENIO, PETER) |
| Filing 45 NOTICE by ESOTERIX GENETIC LABORATORIES, LLC - Joint Notice of Selection of Mediator (POWELL, NOEL) |
| 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) |
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Filing 44
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 03/20/2017 approving #43 RULE 26F (JOINT) without modification. Discovery shall be established as Complex. The parties agree that mediation for the Myriad and Ambry cases shall be conducted separately and conducted 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 mediatory by March 31, 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 5 days. A jury trial has been demanded. Plaintiff's 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.(Garland, Leah)
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| Filing 43 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) |
| 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. |
| Filing 42 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) |
| 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) |
| Filing 41 RESPONSE re #22 Answer to Complaint, Counterclaim,,,, Plaintiffs' Answer to Defendants Myriad Genetics, Inc.'s and Myriad Genetic Laboratories, Inc.'s Counterclaims filed by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (FERRARIO, MATIAS) |
| Filing 40 Rule 26(f) Report (Individual). Response to Motion due by 3/7/2017 by ESOTERIX GENETIC LABORATORIES, LLC, THE JOHNS HOPKINS UNIVERSITY. (Attachments: #1 Exhibit 1 - Proposed Case Management Schedule)(POWELL, NOEL) |
| Filing 39 Rule 26(f) Report (Individual). Response to Motion due by 3/7/2017 by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC.. (Attachments: #1 Exhibit 1 (Proposed Case Management Schedule))(MULLINS, ALLISON) |
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Filing 38
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 02/13/2017, that the time for Plaintiffs to Answer Myriad's Counterclaims for a Declaratory Judgment of No Infringement and related allegations (Counterclaims 12-57) is extended to February 17, 2017. (Garland, Leah)
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| Filing 37 Consent MOTION for Extension of Time to Answer Defendants Counterclaims of No Infringement by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order)(POWELL, NOEL) |
| Motion Submitted: #37 Consent MOTION for Extension of Time to Answer Defendants Counterclaims of No Infringement, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 36 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) |
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Filing 35
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 01/27/2017, that Plaintiffs motion to dismiss (Doc. #25 ) is hereby STAYED and a ruling is DEFERRED TO SUMMARY JUDGMENT OR TRIAL. FURTHER ORDERED that should Plaintiffs later determine that dismissal is appropriate as a result of the duplicative nature of the claims and Declaratory Judgment jurisdiction improper, Plaintiffs shall file a motion in accordance with the summary judgment procedure which may incorporate by reference the matters raised in the motion and brief filed here (Docs. #25 , #26 ). If no new motion is filed, this motion to dismiss (Doc. #25 ) will be deemed denied. (Garland, Leah)
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| Filing 34 REPLY, filed by Plaintiff ESOTERIX GENETIC LABORATORIES, LLC, to Response to #28 MOTION - Plaintiffs Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Motion to Schedule an Initial Pretrial Conference filed by ESOTERIX GENETIC LABORATORIES, LLC. (FERRARIO, MATIAS) |
| Filing 33 REPLY, filed by Plaintiff ESOTERIX GENETIC LABORATORIES, LLC, to Response to #25 MOTION to Dismiss - Esoterix Genetic Laboratories, LCL's and The Johns Hopkins University's Motion to Dismiss Defendants' Counterclaims for Declaratory Judgment of No Infringement filed by ESOTERIX GENETIC LABORATORIES, LLC. (FERRARIO, MATIAS) |
| Filing 32 RESPONSE filed by Defendants MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC., Counter Claimants MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. re #28 MOTION - Plaintiffs Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Motion to Schedule an Initial Pretrial Conference filed by ESOTERIX GENETIC LABORATORIES, LLC filed by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC.. (Attachments: #1 Exhibit A (Email), #2 Exhibit B (Email))(MULLINS, ALLISON) |
| Filing 31 RESPONSE in Opposition re #25 MOTION to Dismiss - Esoterix Genetic Laboratories, LCL's and The Johns Hopkins University's Motion to Dismiss Defendants' Counterclaims for Declaratory Judgment of No Infringement, #26 Brief, filed by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC.. (MULLINS, ALLISON) |
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Filing 30
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)
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| Reset Motion Response Deadline re #28 MOTION - Plaintiffs Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Motion to Schedule an Initial Pretrial Conference: Responses due by 1/2/2017. See #30 Order. (Sheets, Jamie) |
| Filing 29 BRIEF re #28 MOTION - Plaintiffs Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Motion to Schedule an Initial Pretrial Conference . (FERRARIO, MATIAS) |
| Filing 28 MOTION - Plaintiffs Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Motion to Schedule an Initial Pretrial Conference by ESOTERIX GENETIC LABORATORIES, LLC. Response to Motion due by 1/10/2017 (FERRARIO, MATIAS) |
| Filing 27 RESPONSE re #22 Answer to Complaint, Counterclaim,,,, Esoterix Genetic Laboratories, LLC's and The Johns Hopkins University's Answer to Defendants Myriad Genetics, Inc.'s and Myriad Genetic Laboratories, Inc.'s Fifth to Ninth Counterclaims by ESOTERIX GENETIC LABORATORIES, LLC. (FERRARIO, MATIAS) |
| Filing 26 BRIEF re #25 MOTION to Dismiss - Esoterix Genetic Laboratories, LCL's and The Johns Hopkins University's Motion to Dismiss Defendants' Counterclaims for Declaratory Judgment of No Infringement . (FERRARIO, MATIAS) |
| Filing 25 MOTION to Dismiss - Esoterix Genetic Laboratories, LCL's and The Johns Hopkins University's Motion to Dismiss Defendants' Counterclaims for Declaratory Judgment of No Infringement by ESOTERIX GENETIC LABORATORIES, LLC. Responses due by 12/22/2016 (FERRARIO, MATIAS) |
| Filing 24 NOTICE of Appearance by attorney CAROLINE K. WRAY on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (WRAY, CAROLINE) |
| Filing 23 NOTICE of Appearance by attorney ALLISON W. DOBSON on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (DOBSON, ALLISON) |
| Filing 22 ANSWER to #1 Complaint, with Jury Demand , Affirmative Defenses, Counterclaim against by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC.. (Attachments: #1 Exhibit 1 (myRisk), #2 Exhibit 2 (Baker 2012), #3 Exhibit 3 (Vogelstein PNAS 1999), #4 Exhibit 4 (PNAS-1990 Ruano), #5 Exhibit 5 (Simmonds 1990), #6 Exhibit 6 (Brisco-Sykes 1991), #7 Exhibit 7 (Sykes 1992), #8 Exhibit 8 (Mullis PCR), #9 Exhibit 9 (WO9525429), #10 Exhibit 10 (US5624819), #11 Exhibit 11 (Morley Review))(MULLINS, ALLISON) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant MYRIAD GENETIC LABORATORIES, INC.. (MULLINS, ALLISON) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant MYRIAD GENETICS, INC.. (MULLINS, ALLISON) |
| Filing 19 NOTICE of Appearance by attorney PETER J. ARMENIO on behalf of Defendants MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. (ARMENIO, PETER) |
| Filing 18 NOTICE of Appearance by attorney ANNE S. TOKER on behalf of Defendants MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. (TOKER, ANNE) |
| Filing 17 Consent MOTION for Extension of Time to Answer by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. (Attachments: #1 Text of Proposed Order Order)(MULLINS, ALLISON) Modified on 9/30/2016 (Brubaker, John). |
| Filing 16 NOTICE by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. of Special Appearance of Anne S. Toker (MULLINS, ALLISON) |
| Filing 15 NOTICE by MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. of Special Appearance of Peter J. Armenio (MULLINS, ALLISON) |
| Filing 14 NOTICE of Appearance by attorney STEPHEN MCDANIEL RUSSELL, JR on behalf of Defendants MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. (RUSSELL, STEPHEN) |
| Filing 13 NOTICE of Appearance by attorney ALLISON VAN LANINGHAM MULLINS on behalf of Defendants MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. (MULLINS, ALLISON) |
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ORDER granting #17 Motion for Extension of Time to Answer for MYRIAD GENETIC LABORATORIES, INC. and MYRIAD GENETICS, INC. Answer due by 11/2/2016. Signed by John Brubaker, Clerk of Court, on 09/30/2016. (Brubaker, John)
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| Filing 12 AFFIDAVIT OF SERVICE by service of complaint as to MYRIAD GENETIC LABORATORIES, INC. served on 9/12/2016, answer due 10/3/2016. (GARDNER, JOHN) |
| Filing 11 AFFIDAVIT OF SERVICE by service of complaint as to MYRIAD GENETICS, INC. served on 9/12/2016, answer due 10/3/2016. (GARDNER, JOHN) |
| Filing 10 NOTICE of Appearance by attorney KATRINA M. QUICKER on behalf of Plaintiff THE JOHNS HOPKINS UNIVERSITY (QUICKER, KATRINA) |
| Filing 9 NOTICE of Appearance by attorney JASON P. GRIER on behalf of Plaintiff THE JOHNS HOPKINS UNIVERSITY (GRIER, JASON) |
| Filing 8 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 consent form)(Coyne, Michelle) |
| Filing 7 Summons Issued as to MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. (Attachments: #1 Myriad)(Coyne, Michelle) |
| 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) |
| Filing 6 NOTICE of Appearance by attorney NOEL DEAN POWELL, JR on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (POWELL, NOEL) |
| Filing 5 NOTICE of Appearance by attorney MATIAS FERRARIO on behalf of Plaintiff ESOTERIX GENETIC LABORATORIES, LLC (FERRARIO, MATIAS) |
| Case assigned to CHIEF JUDGE WILLIAM L. OSTEEN, JR and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. Set flag for Magistrate Judge Joie Elizabeth Peake. (Coyne, Michelle) |
| Filing 4 Corporate Disclosure Statement by THE JOHNS HOPKINS UNIVERSITY. (SUN, PAUL) |
| Filing 3 NOTICE of Appearance by attorney PAUL K. SUN, JR on behalf of Plaintiff THE JOHNS HOPKINS UNIVERSITY (SUN, PAUL) |
| 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) (Main Document 2 replaced on 9/8/2016 with corrected PDF image) (Garland, Leah) |
| Filing 1 COMPLAINT against MYRIAD GENETIC LABORATORIES, INC., MYRIAD GENETICS, INC. ( Filing fee $ 400 receipt number 0418-1981903.)(Related Case # 16-cv-1111), filed by ESOTERIX GENETIC LABORATORIES, LLC. (Attachments: #1 Exhibit A - USPN 6440706, #2 Exhibit B - USPN 7824889, #3 Exhibit C - USPN 7915015, #4 Exhibit D - USPN 8859206)(GARDNER, JOHN) |
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