Attractive Surgical, LLC v. Cleveland Clinic Foundation
| Attractive Surgical, LLC |
| THE CLEVELAND CLINIC FOUNDATION and Cleveland Clinic Foundation |
| 1:2019cv01212 |
| May 28, 2019 |
| US District Court for the Northern District of Ohio |
| Solomon Oliver |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: #1 Order)(W,Na) |
Filing 26
Order granting Plaintiff's Motion for Dismissal With Prejudice, with each party to pay their own costs and attorneys' fees. Re #24 , #25 . Signed by Judge Solomon Oliver, Jr. on 12/15/2020. (R,Sh)
|
| Filing 25 Notice of Nonopposition filed by Cleveland Clinic Foundation. Related document(s) #24 .(Gerber, Susan) |
| Filing 24 Motion to dismiss case with prejudice filed by Plaintiff Attractive Surgical, LLC. (Schiller, John) |
| Filing 23 Reply in support of #21 Motion to continue stay pending inter-partes review of both asserted patents filed by Cleveland Clinic Foundation. (Gerber, Susan) |
| Filing 22 Opposition to #21 Motion to Extend the Stay filed by Attractive Surgical, LLC. (Schiller, John) |
| Filing 21 Motion to continue stay pending inter-partes review of both asserted patents filed by Defendant Cleveland Clinic Foundation. (Gerber, Susan) |
| Filing 20 Response to Notice of Dismissal Filed by Cleveland Clinic filed by Attractive Surgical, LLC. (Schiller, John) |
| Filing 19 Notice of Decision in California Declaratory Judgment Action filed by Cleveland Clinic Foundation. (Attachments: #1 Exhibit A - Decision from California Court) Related document(s) #18 . (Gerber, Susan) |
|
Filing 18
Minute Order of Telephone Conference held on 3/24/2020. Counsel for Plaintiff informed the court that the parties await a decision regarding Plaintiff's pending motion to dismiss in Levita MagneticsInternational Corp. v. Attractive Surgical, LLC , No. 4:19-CV-4605 (N.D. Cal. filed Aug. 8, 2019). The court hereby continues the stay for forty-five (45) days from the date of this Order. The parties shall notify the court as soon as the United States District Court for the Northern District ofCalifornia issues a decision. A Telephonic Status Conference is set for 5/13/2020 at 03:30 PM. Dial in information will be sent by separate e-mail. Signed by Judge Solomon Oliver, Jr. on 3/24/2020. Time: 20 minutes (R,Sh)
|
| Filing 17 Minute Order of Telephone Conference held on 2/13/2020. The court hereby continues the stay for forty-five (45) days from the date of this Order. The parties shall notify the court as soon as the District Court for the Northern District of California issues a decision. The court will hold a telephonic status conference in the within case on March 24, 2020, at 10:30 a.m.. Judge Solomon Oliver, Jr on 2/14/2020. Time: 30 minutes (R,Sh) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
|
Filing 16
Order. For the reasons stated in the Order the court grants Cleveland Clinic Foundation's Motion to Stay (ECF No. #10 ) pending resolution of Levitas declaratory judgment action in the United States District Court for the Northern District of California, and the court denies Attractive Surgical, LLCs Motion for Leave to file a sur-reply (ECF No. #14 ). The court will hold a telephonic status conference in the within case on February 13, 2020, at 10:30 a.m.. Signed by Judge Solomon Oliver, Jr on 10/31/2019. (W,CM)
|
| Filing 15 Opposition to #14 Motion for leave to File Sur-Reply to Defendant The Cleveland Clinic Foundation's Motion to Stay filed by Cleveland Clinic Foundation. (Griffith, Calvin) |
| Filing 14 Motion for leave to File Sur-Reply to Defendant The Cleveland Clinic Foundation's Motion to Stay filed by Plaintiff Attractive Surgical, LLC. (Schiller, John) |
| Filing 13 Reply to response to #10 Motion to stay Pending Resolution of Manufacturer's Co-Pending Declaratory Judgment Action filed by Cleveland Clinic Foundation. (Attachments: #1 Exhibit F - ASMBS Aug. 2016 Abstracts, #2 Exhibit G - Levita DJ Complaint with Exhibits)(Griffith, Calvin) |
| Filing 12 Opposition to #10 Motion to stay Pending Resolution of Manufacturer's Co-Pending Declaratory Judgment Action filed by Attractive Surgical, LLC. (Attachments: #1 Exhibit A - Magnetic Surgery; first U.S. experience with a novel device, Surgical Endoscopy, Feb. 2018, Vol. 32, Issue 2, pp. 895-899, #2 Exhibit B - A California Startup Wants to Revolutionize Surgery, With Magnets, Smithsonian.com, Jan. 19, 2017, #3 Exhibit C - Levita statement via Twitter dated March 26, 2019, #4 Exhibit D - Levita statement via Twitter dated April 9, 2019) (Schiller, John) |
| Filing 11 Answer to #1 Complaint and Affirmative Defenses filed by Cleveland Clinic Foundation. (Griffith, Calvin) |
|
Order [non-document]granting Defendant's #9 Unopposed Motion for Extension of Time to Answer. Attractive Surgical, LLC answer due 8/26/2019.. Judge Solomon Oliver, Jr on 8/16/2019.(R,Sh)
|
| Filing 10 Motion to stay Pending Resolution of Manufacturer's Co-Pending Declaratory Judgment Action filed by Defendant Cleveland Clinic Foundation. (Attachments: #1 Exhibit A-Northern District of California Complaint, #2 Exhibit B- Cleveland Clinic Information, #3 Exhibit C- Cleveland Clinic 2018 Year-End Facts, #4 Exhibit D- Cleveland Clinic Lerner College of Medicine Information, #5 Exhibit E- Levita Magnetics Surgical System)(Griffith, Calvin) Modified on 8/20/2019 to include exhibit descriptions(S,KM). |
| Filing 9 Unopposed Motion for extension of time until 8/26/2019 to answer Complaint filed by Defendant Cleveland Clinic Foundation. Related document(s) #1 . (Griffith, Calvin) |
| Filing 8 Attorney Appearance of Calvin P. Griffith and Susan M. Gerber by Calvin P. Griffith filed by on behalf of Cleveland Clinic Foundation. (Griffith, Calvin) |
|
Order [non-document] granting Defendant's #7 Motion for extension of time until 08/12/2019 to answer Complaint. Cleveland Clinic Foundation answer due 8/12/2019. Approved by Judge Solomon Oliver, Jr. on 7/24/2019.(R,Sh)
|
| Filing 7 Motion for extension of time until 08/12/2019 to answer Complaint filed by Defendant Cleveland Clinic Foundation. (Barrett, Lisa) |
| Filing 6 Waiver of Service Returned Executed by Attractive Surgical, LLC. Cleveland Clinic Foundation waiver sent on 5/29/2019, answer due 7/29/2019 filed on behalf of Attractive Surgical, LLC (Schiller, John) |
|
Order [non-document] granting Motion for appearance pro hac vice by attorney David A. Giordano for Attractive Surgical, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #5 ). Approved by Judge Solomon Oliver, Jr. on 6/5/2019.(R,Sh)
|
| Filing 5 Motion for attorney David A. Giordano to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9342072, filed by Plaintiff Attractive Surgical, LLC. (Attachments: #1 Declaration of David A. Giordano In Support of Motion for Admission Pro Hac Vice)(Schiller, John) |
| Filing 4 Magistrate Consent Form issued. (Y,A) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (Y,A) |
| Judge Solomon Oliver, Jr assigned to case, (Y,A) |
| Filing 3 Corporate Disclosure Statement filed by Attractive Surgical, LLC. (Schiller, John) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Attractive Surgical, LLC. (Schiller, John) |
| Filing 1 Complaint with jury demand against THE CLEVELAND CLINIC FOUNDATION. Filing fee paid $400. Receipt number 0647-9331534. Filed by Attractive Surgical, LLC. (Attachments: #1 Civil Cover Sheet, #2 FILING ERROR (per counsel), #3 Exhibit 1 - 981 patent, #4 Exhibit 2 - 973 patent, #5 Exhibit 3 - Digestive Disease & Surgery Institute 2016 Outcomes, The Cleveland Clinic Foundation, 2017, #6 Exhibit 4 - A New Magnetic Technology For Bariatric Surgery First Adoption In A Surgical Center, Poster Presentations | Surgery for Obesity and Related Diseases, 12 (2016) S115-116, #7 Exhibit 5 - Magnetic Surgery | Results From First Prospective Clinical Trial in 50 Patients, Annals of Surgery, Vol. 267, No. 1, Jan. 2018) (Schiller, John) Modified text on 5/29/2019 (S,SR). |
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 Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
