Ni-Q, LLC v. Prolacta Bioscience, Inc.
| Ni-Q, LLC |
| Prolacta Bioscience, Inc. |
| 3:2017cv00934 |
| June 15, 2017 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H Simon |
| Patent |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Both |
Docket Report
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This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
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Filing 272
Opinion and Order - The Court DENIES Ni-Q's Motion for Attorney's Fees, ECF #260 . The Court approves Ni-Q's cost bill, ECF #258 . Signed on 6/1/2022 by Judge Michael H. Simon. (mja)
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Filing 271
Reply to Opposition to Motion for Attorney Fees #260 , Motion to Strike Motion for Attorney Fees #260 #263 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 270
Objections to Bill of Costs #258 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 269
Response in Opposition to Motion for Attorney Fees #260 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 268
ORDER - Defendant Prolacta Bioscience, Inc.'s Unopposed Motion to File Over-Length Brief (ECF #267 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 267
Unopposed Motion to File Excess Pages . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 266
ORDER - The Court GRANTS Plaintiff's Motion to File Over-Length Brief (ECF #264 ) and DENIES Defendant's Motion to Strike Plaintiff's Motion for Attorney Fees (ECF #263 ). Regarding Plaintiff's Motion for Attorney Fees (ECF #260 ), at this time Defendant need only respond to Plaintiff's argument that this case is exceptional and that attorney fees are warranted under 35 U.S.C. 285 on the basis that Defendant committed inequitable conduct in connection with the identified patents. If the Court resolves that issue in the affirmative, the Court will then allow the parties to provide further briefing and evidence regarding the appropriate amount of attorney fees, if any. Ordered by Judge Michael H. Simon. (mja)
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Filing 265
Response to Motion to Strike Motion for Attorney Fees #260 #263 . Filed by All Plaintiffs. (Legaard, Brenna)
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Filing 264
Motion to File Excess Pages re Motion for Attorney Fees #260 . Filed by All Plaintiffs. (Legaard, Brenna)
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Filing 263
Motion to Strike Motion for Attorney Fees #260 . Expedited Hearing requested. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 262
ORDER - Defendant's Unopposed Motion for Extension of Time to File a Response Plaintiff's Bill of Costs and Motion for Attorney Fees (ECF #261 ) is GRANTED. Defendant's responses are due by December 29, 2021, and Plaintiff's replies are due by January 26, 2022. Ordered by Judge Michael H. Simon. (mja)
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Filing 261
Unopposed Motion for Extension of Time to File a Response/Reply to Bill of Costs #258 , Motion for Attorney Fees #260 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 260
Motion for Attorney Fees . Filed by All Plaintiffs. (Legaard, Brenna)
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Filing 259
Declaration of Brenna K. Legaard in Support of Plaintiff's Bill of Costs. Filed by All Plaintiffs. (Related document(s): Bill of Costs #258 .) (Legaard, Brenna)
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Filing 258
Bill of Costs . Filed by All Plaintiffs. (Legaard, Brenna)
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Filing 257
JUDGMENT - IT IS ADJUDGED that: (1) Plaintiff Ni-Q, LLC's claims for declaratory judgment of non-infringement and invalidity of U.S. Patent No. 8,628,921 (the '"921 patent") and Defendant Prolacta Bioscience, Inc.'s counterclaim for infringement of the '921 patent were dismissed as moot on October 29, 2020 (ECF No. 229 ); (2) The Court granted Ni-Q's motion to dismiss its claims for violation of the Oregon Unfair Trade Practices Act and the Sherman Antitrust Act with prejudice on November 2, 2021 (ECF Nos. #254 , 255 ); and (3) The Court, having dismissed the above-mentioned claims, finds that no claims for relief are left for adjudication in this matter. Signed on 11/17/2021 by Judge Michael H. Simon. (mja)
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Filing 256
Joint Proposed Form of Order Submitted . Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Proposed Judgment) (Armon, Orion)
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Filing 255
ORDER - The Court GRANTS Plaintiff Ni-Q, LLC's Motion for Dismissal with Prejudice (ECF #254 ). The Court directs the parties promptly to confer and to file not later than November 17, 2021 a jointly proposed form of judgment, if they can agree. If the parties cannot agree on the text of such a judgment, each party may submit its own proposed judgment. Ordered by Judge Michael H. Simon. (mja)
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Filing 254
Motion to Dismiss with Prejudice. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 253
ORDER - The Court DENIES Prolacta's motion for Rule 11 sanctions. ECF #241 , The Court also DENIES Ni-Q's motion for voluntary dismissal without prejudice (ECF #245 ), unless Ni-Q agrees to pay Prolacta's reasonable costs and attorney's fees incurred in defending against the claims to be dismissed. Otherwise, Ni-Q may voluntarily dismiss its UTPA and antitrust claims with prejudice and without any obligation to pay Prolacta's costs and attorney's fees, if Ni-Q does so within 14 days from the date of this Order. If Ni-Q does not dismiss its remaining two claims with prejudice within 14 days, the parties are directed to contact the Courtroom Deputy for a telephonic scheduling conference to set a trial date. Signed on 10/21/2021 by Judge Michael H. Simon. (mja)
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Filing 252
Reply to Defendant's Response to Corrected Motion for Order of Dismissal #245 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 251
Reply to Response to Motion for Imposition of Sanctions Pursuant to FED. R. CIV. P. 11 #241 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 250
Response in Opposition to Corrected Motion for Order of Dismissal #245 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 249
Declaration of Brenna K. Legaard in Support of Plaintiff Ni-Q, LLC's Opposition to Prolacta Bioscience, Inc.'s Motion for Sanctions. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Response in Opposition to Motion #248 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Legaard, Brenna)
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Filing 248
Response in Opposition to Motion for Imposition of Sanctions Pursuant to FED. R. CIV. P. 11 #241 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 247
Joint Status Report by Prolacta Bioscience, Inc.. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 246
ORDER - Defendant's Response to Plaintiff's Corrected Motion for Order of Dismissal (ECF #245 ) is due August 23, 2021, and Plaintiff may file a reply within two weeks of Defendant's response. Plaintiff's Motion for Order of Dismissal (ECF #244 ) is DENIED AS SUPERSEDED by Plaintiff's Corrected Motion. Ordered by Judge Michael H. Simon (mja)
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Filing 245
Corrected Motion for Order of Dismissal. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 244
Motion for Order of Dismissal. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 243
Exhibits to Declaration of David Burns ISO Prolactas Motion for Imposition of Sanctions Pursuant to FED. R. CIV. P. 11 re Declaration,, #242 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O) (Armon, Orion)
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Filing 242
Declaration of David Burns in Support of Prolacta's Motion for Imposition of Sanctions Pursuant to FED. R. CIV. P. 11. Filed by Prolacta Bioscience, Inc.. (Related document(s): Motion for Imposition of Sanctions #241 .) (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) (Armon, Orion)
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Filing 241
Motion for Imposition of Sanctions Pursuant to FED. R. CIV. P. 11. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 240
Opinion and Order - The Court DENIES Plaintiff's Motion for Leave to File a Supplemental Complaint (ECF #236 ). The Court DENIES AS MOOT Plaintiff's Motion for Summary Judgment that U.S. Patent No. 8,628,921 is Unenforceable Due to Inequitable Conduct (ECF #201 ). The Court DENIES Plaintiff's Motion for Summary Judgment as to Its Sherman Antitrust Act Claim (ECF #204 ). Signed on 7/26/2021 by Judge Michael H. Simon. (mja)
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Filing 239
Notice of Change of Address. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 238
Reply to Motion for Leave to File Amended Complaint/Petition #236 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 237
Response in Opposition to Motion for Leave to File Amended Complaint/Petition #236 . Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
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Filing 236
Motion for Leave to Amend Complaint. Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Legaard, Brenna) Modified on 2/24/2021 to correct docketing event(sb).
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Filing 235
Notice of Attorney Withdrawal: Filed by Ni-Q, LLC. (Kelly, Kathryn)
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Filing 234
Sur-Reply pursuant to Order #213 to Memorandum in Opposition #212 , Reply to Motion #223 Oral Argument requested. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Attachments: #1 Declaration of O. Armon in Support, #2 Exhibit 1 to Declaration of O. Armon) (Armon, Orion)
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Filing 233
Joint Report in Response to Court's October 29, 2020 Order [Dkt. No. 229]. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Attachments: #1 Exhibit A) (Armon, Orion)
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Filing 232
Reply to Motion for Summary Judgment as to its Sherman Antitrust Act Claim #204 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Legaard, Brenna) Restricted and Resent NEF on 11/6/2020 (plb).
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Filing 231
ORDER - Prolacta's motion to strike (ECF #230 ) is GRANTED IN PART. Prolacta's motion to strike is denied. Prolacta's alternative motion for leave to file a sur-reply is granted. Prolacta may file a sur-reply to Ni-Q's motion for summary judgment that the `921 patent is unenforceable due to inequitable conduct on or before November 18, 2020. This sur-reply is limited to responding to the arguments raised in Ni-Q's reply brief that Prolacta asserts are new arguments. Ordered by Judge Michael H. Simon. (mja)
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Filing 230
Motion to Strike New Argument Submitted on Reply to Motion #223 . Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
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Filing 229
MINUTES OF TELEPHONE CONFERENCE - Based on the stipulation of the parties, the Court dismisses as moot claims 1 and 2 of Ni-Q's Third Amended Complaint (ECF #172 ) and Prolacta's counterclaim (ECF #191 ). Regarding Prolacta's unopposed motion for partial judgment on the pleadings (ECF #225 ), the Court declines to vacate its prior orders and denies the remainder of Prolacta's motion as moot. The Court grant's Prolacta's request for judicial notice (ECF #227 ). Still pending before the Court are Ni-Q's two motions for partial summary judgment (ECF #201 and ECF #204 ). Not later than November 12, 2020, the parties, after conferring, shall report to the Court their joint or respective views on what would be the legal effect, if any, of the Court granting or denying Ni-Q's motion for partial summary judgment that the `921 Patent is unenforceable due to inequitable conduct, in light of the Court's dismissal of Ni-Q's claims 1 and 2 and Prolacta's counterclaim pursuant to the stipulation of the parties and the `921 patent being reissued. Brenna K. LaGaard present as counsel for Plaintiff. Orion Armon, David Burns, Kristin L. Cleveland, and Alexandra Mayhugh present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 228
Scheduling Order by Judge Michael H. Simon. ORDER - Setting a Telephone Conference to discuss Defendant's Motion for Judgment on the Pleadings (ECF #225 ) for 10/29/2020 at 01:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) .
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Filing 227
Request for Judicial Notice in Support of Prolacta's Unopposed Motion for Judgment on the Pleadings to Dismiss as Moot All Claims Related to Infringement and/or Validity of U.S. Patent No. 8,628,921. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
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Filing 226
Declaration of Orion Armon in Support of Prolacta's Unopposed Motion for Judgment on the Pleadings to Dismiss as Moot All Claims Related to Infringement and/or Validity of U.S. Patent No. 8,628,921. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Related document(s): Motion for Judgment on the Pleadings #225 .) (Attachments: #1 Exhibit A - B) (Armon, Orion)
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Filing 225
Unopposed Motion for Judgment on the Pleadings to Dismiss as Moot All Claims Related to Infringement and/or Validity of U.S. Patent No. 8,628,921. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
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Filing 224
Declaration of Brenna K. Legaard . Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #201 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Legaard, Brenna)
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Filing 223
Reply to Motion for Summary Judgment of Inequitable Conduct #201 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 222
ORDER - Plaintiff's Unopposed Motion for Extension of Time to File Reply to Motion for Summary Judgment Inequitable Conduct (ECF #221 ) is GRANTED. Reply is due by 10/26/2020. Ordered by Judge Michael H. Simon. (mja)
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Filing 221
Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment of Inequitable Conduct #201 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 220
Exhibits to Declaration of David Burns in Support of Prolacta's Opposition to Motion for Summary Judgment as to Sherman Act Claims re Declaration,, #219 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit E, #4 Exhibit F, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O, #11 Exhibit P, #12 Exhibit Q, #13 Exhibit R, #14 Exhibit S, #15 Exhibit T, #16 Exhibit U, #17 Exhibit V, #18 Exhibit W, #19 Exhibit X, #20 Exhibit Z) (Armon, Orion)
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Filing 219
Declaration of David Burns in Support of Prolacta's Opposition to Motion for Summary Judgment as to Sherman Act Claims. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Related document(s): Response in Opposition to Motion, #217 .) (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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z) (Armon, Orion)
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Filing 218
Declaration of Margaret E. Guerin-Calvert in Support of Prolacta's Opposition to Motion for Summary Judgment as to Sherman Act Claims. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Related document(s): Response in Opposition to Motion, #217 .) (Armon, Orion)
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Filing 217
Response in Opposition to Motion for Summary Judgment as to its Sherman Antitrust Act Claim #204 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
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Filing 216
Exhibits I and N to Armon Declaration in Support of Prolacta's Opposition to Ni-Q's Motion for Summary Judgment re Inequitable Conduct re Declaration,, #215 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Attachments: #1 Exhibit I, #2 Exhibit N) (Armon, Orion)
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Filing 215
Declaration of Orion Armon in Support of Prolacta's Opposition to Ni-Q's Motion for Summary Judgment re Inequitable Conduct. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Related document(s): Memorandum in Opposition #212 .) (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) (Armon, Orion)
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Filing 214
Declaration of Scott Elster in Support of Prolacta's Opposition to Ni-Q's Motion for Summary Judgment re Inequitable Conduct. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Related document(s): Memorandum in Opposition #212 .) (Armon, Orion)
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Filing 213
Declaration of Dr. Alyson Fuller in Support of Prolacta's Opposition to Ni-Q's Motion for Summary Judgment re Inequitable Conduct. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Related document(s): Memorandum in Opposition #212 .) (Armon, Orion)
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Filing 212
Memorandum in Opposition to Motion for Summary Judgment of Inequitable Conduct #201 Oral Argument requested. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
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Filing 211
ORDER: The parties stipulated motion to stay deadlines (ECF 210) is GRANTED. The Court stays the deadlines for: (1) Prolacta to serve expert reports; (2) completion of expert depositions; and (3) the filing of dispositive motions, until a schedule to be set after the Court decides the pending dispositive motions. The parties are directed to file a joint proposed scheduling order within 21 days after the Court issues its decision on the pending motions for summary judgment. Ordered by Judge Michael H. Simon. (bp)
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Filing 210
Stipulated Motion for Stay of Deadlines of Expert Reports, Expert Discovery and the Filing Deadline for Further Dispositive Motions. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 209
ORDER - The Parties' Stipulated Motion for Extension of Time Re: Briefing for Summary Judgment (ECF #208 ) is GRANTED as follows: Prolacta's response to Ni-Q's Motion for Summary Judgment as to its Sherman Antitrust Act Claim is due by October 19, 2020. Ni-Q's reply is due by November 5, 2020. Ordered by Judge Michael H. Simon. (mja)
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Filing 208
Stipulated Motion for Extension of Time Re Briefing for Summary Judgement. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
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Filing 207
Joint Status Report . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 206
Declaration of Peter Lamb . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #204 .) (Legaard, Brenna)
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Filing 205
Declaration of Brenna K. Legaard . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #204 .) (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) (Legaard, Brenna)
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Filing 204
Motion for Summary Judgment as to its Sherman Antitrust Act Claim. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 203
Declaration of Brenna K. Legaard in Support of Ni-Q, LLC's Motion for Summary Judgment That U.S. Patent No. 8,628,921 is Unenforceable Due To Inequitable Conduct. Filed by Ni-Q, LLC. (Related document(s): Declaration, #202 , Motion for Summary Judgment #201 .) (Attachments: #1 Exhibit A - Part 1 of 12, #2 Exhibit A - Part 2 of 12, #3 Exhibit A - Part 3 of 12, #4 Exhibit A - Part 4 of 12, #5 Exhibit A - Part 5 of 12, #6 Exhibit A - Part 6 of 12, #7 Exhibit A - Part 7 of 12, #8 Exhibit A - Part 8 of 12, #9 Exhibit A - Part 9 of 12, #10 Exhibit A - Part 10 of 12, #11 Exhibit A - Part 11 of 12, #12 Exhibit A - Part 12 of 12, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F) (Legaard, Brenna)
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Filing 202
Declaration of Brenna K. Legaard . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #201 .) (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F) (Legaard, Brenna)
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Filing 201
Motion for Summary Judgment of Inequitable Conduct. Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 200
ORDER - The Parties are directed to file a joint status report by September 18, 2020, stating, among other things, whether the Parties are ready for the Court to schedule a final pretrial conference and jury trial. Ordered by Judge Michael H. Simon. (mja)
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Filing 199
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Discovery Hearing held on 7/29/2020 before Judge Michael H. Simon, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/31/2020. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 9/24/2020. Release of Transcript Restriction set for 11/23/2020. (Shumway, Bonita)
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Filing 198
ORDER - The Parties' Joint Stipulation to Continue Deadline to File Motions to Compel (ECF #197 ) is GRANTED up to and including 8/10/2020. Ordered by Judge Michael H. Simon. (mja)
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Filing 197
Joint Stipulation to Continue Deadline to File Motions to Compel by Prolacta Bioscience, Inc.. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 196
MINUTES OF TELEPHONE CONFERENCE: Discovery matter discussed as stated on the record. Brenna K. Legaard present as counsel for Plaintiff. Orion Armon, David Burns, and Kristin L. Cleveland present as counsel for Defendant. Court Reporter: Bonita Schumway. Judge Michael H. Simon presiding. (mja)
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Filing 195
Scheduling Order by Judge Michael H. Simon. ORDER - At the parties' request, the Court is setting a Telephone Conference to discuss a discovery matter for 7/29/2020 at 03:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 194
ORDER - Defendant's Motion for Leave to Appear Pro Hac Vice as to Cameron Vanderwall (ECF #193 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cameron Vanderwall. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6977834 #193 : Reviewed and Ready for Ruling. (sss)
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Filing 193
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cameron Vanderwall. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6977834. Filed by Prolacta Bioscience, Inc.. (Vanderwall, Cameron)
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Filing 192
Answer to Amended Complaint and Counterclaim . Filed by Ni-Q, LLC. (Related document(s): Answer to Amended Complaint and Counterclaim #191 .) (Legaard, Brenna) Modified on 3/13/2020 to correct docket text (sb).
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Filing 191
Answer to #172 Amended Complaint, with Jury Demand , Counterclaim for Patent Infringement Against Ni-Q, LLC. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 190
ORDER - Defendant's Unopposed Motion for Extension of Time to Answer Third Amended Complaint (ECF #189 ) is GRANTED. Answer or other responsive pleading is due by 2/19/2020. Ordered by Judge Michael H. Simon. (mja)
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Filing 189
Unopposed Motion for Extension of Time to Answer Third Amended Complaint, #172 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 188
Opinion and Order - Prolacta's Motion to Dismiss its Complaint (ECF #176 ) is DENIED. Signed on 1/29/2020 by Judge Michael H. Simon. (mja)
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Filing 187
Reply to Motion to Dismiss Ni-Q, LLCs Sherman Act Claim #176 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 186
Response to Motion to Dismiss Ni-Q, LLCs Sherman Act Claim #176 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 185
Notice of Appearance of Kathryn E. Kelly appearing on behalf of Ni-Q, LLC Filed by on behalf of Ni-Q, LLC. (Kelly, Kathryn)
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Filing 184
Notice of Attorney Withdrawal: Cristin A. Wagner Filed by Ni-Q, LLC. (Wagner, Cristin)
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Filing 183
ORDER - Plaintiff's Unopposed Motion for Extension of Time to File a Response to Defendant's Motion to Dismiss (ECF #182 ) is GRANTED. Response is due by 12/2/2019. Ordered by Judge Michael H. Simon. (mja)
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Filing 182
Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss Ni-Q, LLCs Sherman Act Claim #176 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 181
Notification of CM/ECF Account for David Burns (Pro Hac Vice admission). Your login is: dburns. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 180
ORDER: Granting Application for Special Admission Pro Hac Vice of David Burns for Prolacta Bioscience, Inc. Application Fee in amount of $300 collected. Receipt No. 0979-6070816 issued. Signed on 11/7/2019 by Judge Michael H. Simon. (ecp)
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Filing 179
Notification of CM/ECF Account for M. Howard Morse (Pro Hac Vice admission). Your login is: mhmorse. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 178
ORDER: Granting Application for Special Admission Pro Hac Vice of M. Howard Morse for Prolacta Bioscience, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-6070736 issued. Signed on 11/7/2019 by Judge Michael H. Simon. (ecp)
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Filing 177
Notice of Correction by Clerk regarding #175 Motion to Appear Pro Hac Vice, #174 Motion to Appear Pro Hac Vice. A Clerical error has been discovered in the case record: The PDF documents were on an outdated forms. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw)
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Filing 176
Motion to Dismiss Ni-Q, LLCs Sherman Act Claim. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 175
Motion for Leave to Appear Pro Hac Vice for Attorney David Burns . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6070816. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin) (Main Document 175 replaced on 11/6/2019) (cw).
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Filing 174
Motion for Leave to Appear Pro Hac Vice for Attorney M. Howard Morse . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6070736. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin) (Main Document 174 replaced on 11/6/2019) (cw).
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Filing 173
MINUTES OF TELEPHONE RULE 16 CONFERENCE: ORDER - Setting a case schedule as follows: (1) Discovery is to be completed by 7/31/2020; (2) opening expert reports are due 9/30/2020; (3) responsive expert reports are due 11/13/2020; (4) expert discovery to be completed by 12/31/2020; and (5) dispositive motions are due by 1/29/2021. Brenna Kristine Legaard present as counsel for Plaintiff. Orion Armon and Kristin L. Cleveland present as counsel for Defendant. Court Reporter: Bonita Schumway. Judge Michael H. Simon presiding. (mja)
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Filing 172
Third Amended Complaint . Filed by Ni-Q, LLC against Prolacta Bioscience, Inc. (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). (Legaard, Brenna)
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Filing 171
ORDER - Plaintiff's Unopposed Motion for Leave to File Third Amended Complaint (ECF #170 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 170
Unopposed Motion for Leave to File Third Amended Complaint. Filed by Ni-Q, LLC. (Attachments: #1 Exhibit A) (Legaard, Brenna)
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Filing 169
Second Amended Complaint . Filed by Ni-Q, LLC against Prolacta Bioscience, Inc. (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). (Legaard, Brenna)
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Filing 168
Joint Status Report . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 167
Scheduling Order by Judge Michael H. Simon. ORDER - At the parties' request, the Court is setting a Telephone Rule 16 Conference for 10/25/2019 at 01:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 166
Opinion and Order - Ni-Q's Motion for Leave to Amend its Complaint (ECF #160 ) is GRANTED. Ni-Q's Motion for Summary Judgment (ECF #152 ) is GRANTED IN PART. The Court finds that Claims 1, 2, 4, and 8 of the '921 patent are invalid under 35 U.S.C. 102(b). The parties are directed to confer on a case management schedule and submit either a joint proposed schedule or separate proposed schedules and contact the Courtroom Deputy within two weeks of this Opinion and Order to schedule a Rule 16 conference. Signed on 9/20/2019 by Judge Michael H. Simon. (mja)
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Filing 165
Reply to Motion for Leave to File Amended Complaint/Petition #160 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 164
Declaration of Orion Armon In Support Of Prolacta Bioscience, Inc.s Opposition To Ni-Q, LLCs Motion For Leave To Amend Its Complaint. Filed by Prolacta Bioscience, Inc.. (Related document(s): Memorandum in Opposition #163 .) (Armon, Orion)
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Filing 163
Memorandum in Opposition to Motion for Leave to File Amended Complaint/Petition #160 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 162
ORDER - Defendant's Motion for Extension of Time to File Response to Plaintiff's Motion for Leave to File Amended Complaint #161 is GRANTED. Defendant's response is due by 7/10/2019. Ordered by Judge Michael H. Simon. (mja)
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Filing 161
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Leave to File Amended Complaint/Petition #160 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 160
Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Legaard, Brenna)
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Filing 159
Declaration of Brenna K. Legaard . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #152 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Legaard, Brenna)
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Filing 158
Reply to Motion for Summary Judgment Re On Sale Bar #152 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 157
ORDER - Plaintiff's Unopposed Motion for Extension of Time to File Reply to Motion for Summary Judgment (ECF #156 is GRANTED. Plaintiff's reply is due by 6/12/2019. Ordered by Judge Michael H. Simon. (mja)
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Filing 156
Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment Re On Sale Bar #152 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 155
Declaration of Scott Elster In Support Of Prolacta Bioscience, Inc.s Opposition to Ni-Q, LLCs Motion For Summary Judgment Re On Sale Bar. Filed by Prolacta Bioscience, Inc.. (Related document(s): Memorandum in Opposition #154 .) (Armon, Orion)
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Filing 154
Memorandum in Opposition to Motion for Summary Judgment Re On Sale Bar #152 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 153
Declaration of Brenna K. Legaard . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #152 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Legaard, Brenna)
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Filing 152
Motion for Summary Judgment Re On Sale Bar. Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 151
Notice of Attorney Substitution:Attorney Cristin A. Wagner is substituted as counsel of record in place of Attorney Angela E. Addae Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 150
Opinion and Order - Defendant Prolacta Bioscience Inc.'s Motion for Partial Summary Judgment (ECF #128 ) is DENIED. Signed on 2/14/2019 by Judge Michael H. Simon. (mja)
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Filing 149
Opinion and Order - Plaintiff Ni-Q, LLC's Motion for Summary Judgment (ECF #88 ) is GRANTED. The Court finds that there are no genuine issues of material fact, the asserted claims of the 921 Patent are invalid under 35 U.S.C. 101, and Plaintiff has not infringed the asserted claims of the 921 Patent even if they were valid. Signed on 2/13/2019 by Judge Michael H. Simon. (mja)
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Filing 148
Notice of Supplemental Authority Filed by Ni-Q, LLC. (Attachments: #1 Exhibit A) (Legaard, Brenna)
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Filing 147
Supplemental Brief Re PTO Guidelines. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 146
Supplemental Response to Motion for Summary Judgment #88 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 145
Order - Defendant's unopposed request (ECF #143 ) to file supplemental briefing on Plaintiff's motion for summary judgment (ECF #88 ) to address the U.S. Patent and Trademark Office's Revised Patent Subject Matter Eligibility Guidance, published in the Federal Register on January 7, 2019, is GRANTED. The parties may file supplemental briefs of no more than three pages on or before January 25, 2019. Ordered by Judge Michael H. Simon. (mja)
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Filing 144
Declaration of Alexandra R. Mayhugh In Support of Notice of Supplemental Authority and Unopposed Motion For Leave To File Supplemental Briefs. Filed by Prolacta Bioscience, Inc.. (Related document(s): Notice #143 .) (Armon, Orion)
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Filing 143
Notice re Motion for Summary Judgment #88 of Supplemental Authority and Unopposed Motion For Leave To File Supplemental Briefs Filed by Prolacta Bioscience, Inc.. (Related document(s): Motion for Summary Judgment #88 .) (Armon, Orion)
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Filing 142
Response Ni-Q, LLC's Response to Prolacta Bioscience, Inc.'s Response to Tentative Opinion and Order on Ni-Q, LLC's Motions for Summary Judgment. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 141
Order - Pursuant to Plaintiff's request, on or before January 10, 2019, Plaintiff may file a response to Defendant's Response to Tentative Opinion and Order on Ni-Q, LLC's Motions for Summary Judgment (ECF #140 ). Ordered by Judge Michael H. Simon. (mja)
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Filing 140
Notice re Motion for Summary Judgment #88 of Prolacta's Response to Tentative Order Filed by Prolacta Bioscience, Inc.. (Related document(s): Motion for Summary Judgment #88 .) (Armon, Orion)
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Filing 139
Reply to Motion for Partial Summary Judgment on Ni-Q, LLCs Claim for Violation Of The Unfair Trade Practices Act #128 . Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Declaration Of Orion Armon In Support) (Armon, Orion)
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Filing 138
Notice of Attorney Withdrawal: Nicholas Lockhart Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 137
Declaration of Brenna K. Legaard in Support of Ni-Q's Opposition. Filed by Ni-Q, LLC. (Related document(s): Motion for Partial Summary Judgment #128 .) (Legaard, Brenna)
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Filing 136
Response in Opposition to Motion for Partial Summary Judgment on Ni-Q, LLCs Claim for Violation Of The Unfair Trade Practices Act #128 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 135
ORDER - NiQ moves (ECF #133 ) under Rule 56(d) to extend the time for NiQ to respond Prolacta's motion for partial summary judgment by three months to allow NiQ time to take additional discovery. In this motion, NiQ does not indicate whether it has conferred with Prolacta and whether Prolacta opposes the motion. Under Local Rule 7-1, all motions except motions for temporary restraining orders must certify that the moving party has conferred on the motion and made a good faith effort to resolve the dispute, and indicate if the motion is unopposed. A court may deny a motion that does not contain this certification. Accordingly, NiQ's motion (ECF #133 ) is DENIED, without prejudice and with leave to renew after proper conferral and adding the appropriate certification to the motion. Ordered by Judge Michael H. Simon. (mja)
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Filing 134
Declaration of Brenna K. Legaard . Filed by Ni-Q, LLC. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #133 .) (Legaard, Brenna)
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Filing 133
Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment on Ni-Q, LLCs Claim for Violation Of The Unfair Trade Practices Act #128 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 132
MINUTES OF TELEPHONE CONFERENCE: Order - Plaintiff's motion to compel (ECF #117 ) is DENIED for the reasons stated on the record. Angela E. Addae and Brenna Kristine Legaard present as counsel for Plaintiff. Kristin L. Cleveland and Orion Armon present as counsel for Defendant. Court Reporter: Nancy Walker. Judge Michael H. Simon presiding. (mja)
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Filing 131
Answer Ni-Q, LLC's First Amended Answer to Prolacta Bioscience, Inc.'s Amended Counterclaims. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 130
ORDER - Ni-Q's Motion for Leave to Amend Answer to Amended Counterclaims (ECF #110 ) is GRANTED. Ni-Q may file its first amended answer to amended counterclaims and add the affirmative defense of inequitable conduct. Signed on 11/1/2018 by Judge Michael H. Simon. (mja)
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Filing 129
Order - Setting a Telephone Conference to discuss Plaintiff's motion to compel (ECF #117 ) for 11/13/2018 at 9:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 128
Motion for Partial Summary Judgment on Ni-Q, LLCs Claim for Violation Of The Unfair Trade Practices Act. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 127
Reply to Motion for Leave to Amend Answer to Amended Counterclaims #110 . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 126
Amended Response in Opposition to Motion to Compel #117 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 125
Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 124
Declaration of Orion Armon in Support of Opposition to Motion to Compel. Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #123 .) (Armon, Orion)
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Filing 123
Response in Opposition to Motion to Compel #117 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 122
Memorandum in Opposition To Ni-Q, LLCs Sur-Reply to Motion for Summary Judgment #88 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 121
Response in Opposition to Motion for Leave to Amend Answer to Amended Counterclaims #110 . Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Declaration Of Orion Armon In Support of Prolacta Bioscience, Inc.s Opposition to Ni-Q, LLCs Motion For Leave to Amend Answer) (Armon, Orion)
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Filing 120
Notification of CM/ECF Account for Nicholas G. Lockhart (Pro Hac Vice admission). Your login is: nglockhart. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 119
ORDER: Granting Application for Special Admission Pro Hac Vice of Nicholas G. Lockhart for Prolacta Bioscience, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5580362. issued. Signed on 10/4/2018 by Judge Michael H. Simon. (ecp)
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Filing 118
Declaration of Brenna K. Legaard . Filed by Ni-Q, LLC. (Related document(s): Motion to compel #117 .) (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) (Legaard, Brenna)
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Filing 117
Motion to Compel . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 116
Motion for Leave to Appear Pro Hac Vice for Attorney Nicholas G. Lockhart . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5580362. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 115
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on December 12, 2017 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/9/2018. Redaction Request due 10/22/2018. Redacted Transcript Deadline set for 11/1/2018. Release of Transcript Restriction set for 12/31/2018. (Apodaca, Dennis)
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Filing 114
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Hearing held on September 15, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/9/2018. Redaction Request due 10/22/2018. Redacted Transcript Deadline set for 11/1/2018. Release of Transcript Restriction set for 12/31/2018. (Apodaca, Dennis)
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Filing 113
Declaration of Brenna K. Legaard in Support of Sur-Reply. Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #88 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Legaard, Brenna)
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Filing 112
Sur-Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 111
Declaration of Brenna K. Legaard . Filed by Ni-Q, LLC. (Related document(s): Motion for Leave #110 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Legaard, Brenna)
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Filing 110
Motion for Leave to Amend Answer to Amended Counterclaims. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 109
MINUTES OF TELEPHONE CONFERENCE: Discovery matter discussed as stated on the record. Angela E. Addae and Brenna Kristine Legaard present as counsel for Plaintiff. Orion Armon, Kristin L. Cleveland, and Alexandra Mayhugh present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 108
Scheduling Order by Judge Michael H. Simon. Order - At the Plaintiff's request, the Court is setting a Telephone Conference to discuss a discovery issue for 9/14/2018 at 02:30PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 107
Declaration of Peter Lamb ISO Reply to Opposition to Motion for Summary Judgment of Non-Inringement. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 106
Declaration of Brenna K. Legaard ISO Reply to Opposition to Motion for Summary Judgment of Non-Inringement. Filed by Ni-Q, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Legaard, Brenna)
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Filing 105
Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 104
Exhibits Not Restricted to Protective Order re Declaration,, #103 . Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit I, #6 Exhibit J, #7 Exhibit M, #8 Exhibit O) (Armon, Orion)
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Filing 103
Declaration of Alexandra R. Mayhugh ISO Prolacta's Opp. to Ni-Q's Motion for Summary Judgment of Non-Infringement. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #102 .) (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit K, #5 Exhibit L, #6 Exhibit N, #7 Exhibit P, #8 Exhibit Q, #9 Exhibit R, #10 Exhibit S, #11 Exhibit T) (Armon, Orion)
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Filing 102
Response in Opposition to Motion for Summary Judgment #88 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 101
Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 100
Declaration of Randolph Nagy . Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #95 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Armon, Orion)
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Filing 99
Declaration of Martin L. Lee, Ph.D., CSAT, CSI . Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #95 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Armon, Orion)
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Filing 98
Declaration of Sarah Lentz-Kapua, M.D.. Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #95 .) (Armon, Orion)
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Filing 97
Declaration of William Rhine, M.D.. Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #95 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Armon, Orion)
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Filing 96
Declaration of Orion Armon. Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #95 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Armon, Orion)
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Filing 95
Response in Opposition to Motion for Summary Judgment #88 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion) Modified on 8/7/2018 to correct filer(ecp).
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Filing 94
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on July 19, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/2/2018. Redaction Request due 8/16/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/24/2018. (Apodaca, Dennis)
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Filing 93
ORDER - The parties' stipulated motion for extension of time re: briefing for summary judgment (ECF #92 ) is GRANTED as follows: (1) Defendant's response as it relates to the validity issue is due by 8/7/2018; (2) Defendant's response as it relates to the non-infringement issue is due up to and including the date that falls two weeks after the conclusion of the deposition of Genetics Associates; (3) Plaintiff's reply to the validity issue will be due 14 days after Defendant's response on the validity issue; and (4) Plaintiff's reply to the non-infringement issue will be due 14 days after Defendant's response on the non-infringement issue. Ordered by Judge Michael H. Simon. (mja)
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Filing 92
Stipulated Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #88 . Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 91
MINUTES OF TELEPHONE CONFERENCE - Discovery matter discussed as stated on the record. Angela E. Addae and Brenna Kristine Legaard present as counsel for plaintiff(s). Orion Armon and Christin L. Cleveland present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 90
Scheduling Order by Judge Michael H. Simon. Order - At the Defendant's request, the Court is setting a Telephone Conference to discuss a discovery matter for 7/19/2018 at 08:30AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 89
Declaration of Brenna K. Legaard . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Summary Judgment #88 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Legaard, Brenna)
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Filing 88
Motion for Summary Judgment . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 87
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Claim Construction Hearing held on June 1, 2018 before Judge Michael H. Simon, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/29/2018. Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. (Shumway, Bonita)
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Filing 86
Opinion and Order on Claim Construction. Signed on 6/12/2018 by Judge Michael H. Simon. (mja)
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Filing 85
Notification of CM/ECF Account for Alexandra Mayhugh (Pro Hac Vice admission). Your login is: amayhugh. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 84
ORDER: Granting Application for Special Admission Pro Hac Vice of Alexandra Mayhugh for Prolacta Bioscience, Inc..Application Fee in amount of $300 collected. Receipt No. 0979-5438605 issued. Signed on 6/11/2018 by Judge Michael H. Simon. (ecp)
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Filing 83
Motion for Leave to Appear Pro Hac Vice for Attorney Alexandra Mayhugh . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5438605. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 82
Minutes of Claim Construction Hearing - The Court takes this matter under advisement as of 6/1/2018. Brenna Kristine Legaard, and Angela E. Addae present as counsel for Plaintiff(s). Kristin L. Cleveland, Alyson Fuller, and Orion Armon present as counsel for Defendant(s). Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja)
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Filing 81
Brief Prolacta Bioscience, Inc.'s Claim Construction Reply Brief. Filed by Prolacta Bioscience, Inc.. (Related document(s): Brief #76 .) (Cleveland, Kristin)
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Filing 80
Notice of Attorney Withdrawal: Angela Tarasi Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 79
Brief Plaintiff's Response to Defendant's Opening Claim Construction Brief. Filed by Ni-Q, LLC. (Related document(s): Brief #76 .) (Legaard, Brenna)
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Filing 78
Order - The Court withdraws its previous request for a court-appointed expert witness. The Court overrules Ni-Q's objection to Prolacta presenting expert testimony at the Court tutorial. Signed on 4/17/2018 by Judge Michael H. Simon. (mja)
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Filing 77
Declaration of Angela Tarasi in Support of Opening Claim Construction Brief. Filed by Prolacta Bioscience, Inc.. (Related document(s): Brief #76 .) (Attachments: #1 Exhibit 1 to Declaration of Angela Tarasi) (Armon, Orion)
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Filing 76
Brief - OPENING CLAIM CONSTRUCTION. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 75
Joint Statement of Claim Construction and Prehearing Statement . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 74
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on February 14, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/12/2018. Redaction Request due 3/26/2018. Redacted Transcript Deadline set for 4/4/2018. Release of Transcript Restriction set for 6/4/2018. (Apodaca, Dennis)
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Filing 73
Supplemental Notice re Notice #65 Filed by Prolacta Bioscience, Inc.. (Related document(s): Notice #65 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Armon, Orion)
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Filing 72
Notice re Notice #66 (OBJECTION) Filed by Prolacta Bioscience, Inc.. (Related document(s): Notice #66 .) (Armon, Orion)
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Filing 71
Minutes of Telephone Conference: Discovery issues discussed as stated on the record. Order - Plaintiff's motion for reconsideration (ECF #67 ) is withdrawn without prejudice and with leave to renew at an appropriate time. Angela E. Addae and Brenna Kristine Legaard present as counsel for plaintiff(s). Orion Armon and Angela C. Tarasi present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 70
Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Conference to discuss a discovery dispute for 2/14/2018 at 02:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 69
Response in Opposition to Motion for Reconsideration of Order #62 #67 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Declaration of Angela Tarasi, #2 Exhibit 1 to Tarasi Declaration) (Armon, Orion)
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Filing 68
Declaration of Brenna K. Legaard . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Reconsideration #67 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Legaard, Brenna)
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Filing 67
Motion for Reconsideration of Order #62 . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 66
Notice re Order #62 Plaintiff Ni-Q, LLC's Expert Nomination Filed by All Plaintiffs. (Related document(s): Order #62 .) (Attachments: #1 Exhibit A) (Legaard, Brenna)
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Filing 65
Notice re Order #62 Re Court-Appointed Expert Filed by Prolacta Bioscience, Inc.. (Related document(s): Order #62 .) (Armon, Orion)
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Filing 64
Transcript Designation and Order Form for the hearing held on 12/12/2017 before Judge Simon. Court Reporter: Dennis Apodaca. . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
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Filing 63
Answer to Answer, #57 Prolacta Bioscience, Inc.'s Amended Counterclaims. Filed by Ni-Q, LLC. (Related document(s): Answer, #57 .) (Legaard, Brenna)
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Filing 62
Order - Plaintiff Ni-Q, LLC's Rule 12(c) Motion for Judgment on the Pleadings (ECF #37 ) is DENIED without prejudice and the Court adopts a case management schedule as stated in this Order. Signed on 12/12/2017 by Judge Michael H. Simon. (mja)
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Filing 61
Minutes of Oral Argument Hearing: Order - Plaintiff Ni-Q, LLC's Rule 12(c) Motion for Judgment on the Pleadings (ECF #37 ) is DENIED without prejudice. Formal Order to follow. Angela E. Addae and Brenna Kristine Legaard present as counsel for plaintiff(s). Kristin L. Cleveland and Orion Armon present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 60
ORDER - Defendant and Counter-Plaintiff Prolacta Bioscience, Inc.'s Motion to Withdraw (ECF #58 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 59
Joint Status Report Revised Joint Status Report and Proposed Case Management Schedule. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 58
Unopposed Motion to Withdraw . Filed by Prolacta Bioscience, Inc.. (Donaldson, Corey)
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Filing 57
Amended Answer to Amended Complaint #25 and Counterclaim For Patent Infringement, Damages And Injunctive Relief For Patent Infringement. Filed by Prolacta Bioscience, Inc.. (Related document(s): Amended Complaint #25 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Cleveland, Kristin)
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Filing 56
ORDER - Defendant Prolacta Bioscience, Inc.'s Unopposed Motion for Leave to Amend Answer to First Amended Complaint (ECF #55 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Filing 55
Unopposed Motion for Leave to Amend Answer of Defendant Prolacta Bioscience, Inc. to First Amended Complaint. Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Response is due by 12/13/2017. (Cleveland, Kristin)
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Filing 54
Reply to Motion for Judgment on the Pleadings #37 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 53
Notification of CM/ECF Account for Angela C. Tarasi (Pro Hac Vice admission). Your login is: actarasi. Go to #the CM/ECF login page to set your password. (jtj)
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Filing 52
ORDER: Granting Application for Special Admission Pro Hac Vice of Angela C. Tarasi for Prolacta Bioscience, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5227277 issued. Signed on 11/22/2017 by Judge Michael H. Simon. (jtj)
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Filing 51
Notification of CM/ECF Account for Orion Armon (Pro Hac Vice admission). Your login is: oarmon. Go to #the CM/ECF login page to set your password. (jtj)
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Filing 50
ORDER: Granting Application for Special Admission Pro Hac Vice of Orion Armon for Prolacta Bioscience, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5227260 issued. Signed on 11/22/2017 by Judge Michael H. Simon. (jtj)
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Filing 49
Motion for Leave to Appear Pro Hac Vice for Attorney Angela C. Tarasi . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5227277. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 48
Motion for Leave to Appear Pro Hac Vice for Attorney Armon Orion . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5227260. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 47
Declaration of Brenna K. Legaard . Filed by Ni-Q, LLC. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #34 .) (Attachments: #1 Exhibit A) (Legaard, Brenna)
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Filing 46
Reply to Motion for Extension of Discovery & PTO Deadlines #34 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 45
Declaration of Scott Eaker in Opposition to Plaintiff's Motion Under Rule 12(c) Motion for Judgment on the Pleadings. Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #43 .) (Attachments: #1 Exhibit A) (Donaldson, Corey)
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Filing 44
Declaration of Corey A. Donaldson in Support of Defendant Prolacta Bioscience, Inc.'s Opposition to Plaintiff's Rule 12(c) Motion for Judgment on the Pleadings. Filed by Prolacta Bioscience, Inc.. (Related document(s): Response in Opposition to Motion #43 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Donaldson, Corey)
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Filing 43
Response in Opposition to Motion for Judgment on the Pleadings #37 Oral Argument requested. Filed by Prolacta Bioscience, Inc.. (Donaldson, Corey)
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Filing 42
Declaration of Scott Elster. Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Donaldson, Corey)
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Filing 41
Declaration of Melinda Elliott. Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Attachments: #1 Exhibit A) (Donaldson, Corey)
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Filing 40
Declaration of Jaye G. Heybl. Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (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) (Donaldson, Corey)
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Filing 39
Response in Opposition to Motion for Extension of Discovery & PTO Deadlines #34 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Donaldson, Corey)
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Filing 38
Order - Due to a conflict in the Court' schedule, the Court is STRIKING the telephone Rule 16 Conference set for 11/15/2017 at 2:00PM. Order - Setting Oral Argument on Plaintiff's Motion for Judgment on the Pleadings (ECF #37 ) for 12/12/2017 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. The Court will discuss the case schedule at the conclusion of argument on 12/12/2017. Ordered by Judge Michael H. Simon. (mja)
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Filing 37
Motion for Judgment on the Pleadings . Oral Argument requested. Filed by All Plaintiffs. (Legaard, Brenna)
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Filing 36
Order - Setting a Telephone Rule 16 Conference for 11/15/2017 at 10:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 35
Declaration of Bill Pfost . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Ni-Q, LLC. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #34 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Legaard, Brenna)
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Filing 34
Motion for Extension of Discovery & PTO Deadlines . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 33
Stipulated Protective Order. Signed on 10/23/2017 by Judge Michael H. Simon. (mja)
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Filing 32
Notice re Proposed Joint Case Management Schedule #31 Regarding Supplemental Statement of Defendant and Counter-Plaintiff Prolacta Bioscience, Inc. Filed by Prolacta Bioscience, Inc.. (Related document(s): Proposed Joint Case Management Schedule #31 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Fitzgerald, Brian)
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Filing 31
Proposed Joint Case Management Schedule and Rule 26(f) Status Report. Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fitzgerald, Brian)
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Filing 30
Answer to #26 Answer to Amended Complaint,, Counterclaim, with Jury Demand . Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 29
ORDER - Plaintiff's Motion for Extension of Time to Respond to Defendant's Counterclaims for Patent Infringement (ECF #27 ) is GRANTED. Plaintiff's answer or other responsive pleading is due by 10/4/2017. Ordered by Judge Michael H. Simon. (mja)
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Filing 28
Notice re Motion for Extension of Time #27 of Non-Opposition Filed by All Defendants. (Related document(s): Motion for Extension of Time #27 .) (Cleveland, Kristin)
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Filing 27
Motion for Extension of Time . Filed by All Plaintiffs. (Legaard, Brenna)
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Filing 26
Answer to #25 Amended Complaint with Jury Demand , Counterclaim FOR PATENT INFRINGEMENT, DAMAGES AND INJUNCTIVE RELIEF FOR PATENT INFRINGEMENT Ni-Q, LLC. Filed by Prolacta Bioscience, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Cleveland, Kristin)
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Filing 25
First Amended Complaint . Filed by Ni-Q, LLC against Prolacta Bioscience, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F). (Legaard, Brenna)
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Filing 24
Notification of CM/ECF Account for Jaye G. Heybl (Pro Hac Vice admission). Your login is: jgheybl. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 23
ORDER: Granting Application for Special Admission Pro Hac Vice of Jaye G. Heybl for Prolacta Bioscience, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5110354 issued. Signed on 8/17/2017 by Judge Michael H. Simon. (ecp)
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Filing 22
Notification of CM/ECF Account for Brian M. Fitzgerald (Pro Hac Vice admission). Your login is: bmfitzgerald. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 21
ORDER: Granting Application for Special Admission Pro Hac Vice of Brian M. Fitzgerald for Prolacta Bioscience, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5110346 issued. Signed on 8/14/2017 by Judge Michael H. Simon. (ecp)
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Filing 20
ORDER - The Court was prepared to issue an opinion denying Prolacta's motion to dismiss and granting Prolacta's alternative motion to stay this case pending a decision in the U.S. District Court for the Central District of California on Ni-Q's motion to dismiss for improper venue and lack of personal jurisdiction. Before this Court issued its opinion on Prolacta's motion, Prolacta notified the Court that the federal court in California had issued its decision, granting Ni-Q's motion and dismissing the case pending before the federal court in California. See ECF #17 -1. Accordingly, Prolacta's motion to dismiss and alternative motion to stay, ECF #6 , is DENIED. Ordered by Judge Michael H. Simon. (mja)
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Filing 19
Motion for Leave to Appear Pro Hac Vice for Attorney Jaye G. Heybl . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5110354. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 18
Motion for Leave to Appear Pro Hac Vice for Attorney Brian Fitzgerald . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5110346. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
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Filing 17
Notice of Ruling in Related Matter Filed by Prolacta Bioscience, Inc. (Attachments: #1 Attachment Ruling in Related Matter) (Cleveland, Kristin)
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Filing 16
Declaration of Corey Donaldson iso Reply iso Motion to Dismiss. Filed by Prolacta Bioscience, Inc.. (Related document(s): Memorandum in Support of Motion #15 .) (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) (Cleveland, Kristin)
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Filing 15
Memorandum in Support of Plaintiff's Motion to Dismiss; Alternative Motion to Stay. Filed by Prolacta Bioscience, Inc.. (Related document(s): Motion to Dismiss #6 .) (Cleveland, Kristin)
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Filing 14
Notice of Attorney Substitution:Attorney Kristin Cleveland is substituted as counsel of record in place of Attorney Bryan D. Beel and Julia E. Markley Filed by Prolacta Bioscience, Inc. (Cleveland, Kristin)
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Filing 13
Declaration of Brenna K. Legaard . Filed by Ni-Q, LLC. (Related document(s): Motion to Dismiss #6 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Legaard, Brenna)
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Filing 12
Response to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #6 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
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Filing 11
Notification of CM/ECF Account for Corey A. Donaldson (Pro Hac Vice admission). Your login is: cadonaldson. Go to #the CM/ECF login page to set your password. (jtj)
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Filing 10
ORDER: Granting Application for Special Admission Pro Hac Vice of Corey A. Donaldson for Prolacta Bioscience, Inc.. Signed on 7/10/2017 by Judge Michael H. Simon. (jtj)
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Filing 9
Motion for Leave to Appear Pro Hac Vice for Attorney Corey A. Donaldson . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5070740. Filed by Prolacta Bioscience, Inc.. (Beel, Bryan)
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Filing 8
Corporate Disclosure Statement . Filed by Prolacta Bioscience, Inc.. (Beel, Bryan)
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Filing 7
Declaration of Jaye G. Heybl in Support of Defendant Prolacta Bioscience, Inc.'s Motion to Dismiss. Filed by Prolacta Bioscience, Inc.. (Related document(s): Motion to Dismiss #6 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Beel, Bryan)
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Filing 6
Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by Prolacta Bioscience, Inc.. (Beel, Bryan)
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Filing 5
Return of Service Executed as to Prolacta Bioscience, Inc. served on 6/16/2017, answer due on 7/7/2017. (Legaard, Brenna)
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Filing 4
Summons Issued Electronically as to Prolacta Bioscience, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha)
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Filing 3
Patent Report: This report is submitted pursuant to 35 U.S.C. section 290, which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. If any other patent is subsequently included in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Director. The Director shall, on receipt of such notices, enter the same in the file of such patent.. (joha)
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Filing 2
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/13/2017. Joint Alternate Dispute Resolution Report is due by 11/13/2017. Pretrial Order is due by 11/13/2017. Ordered by Judge Michael H. Simon. (joha)
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Filing 1
Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5043624 Jury Trial Requested: Yes. Included patents/trademarks: 8628921--1/14/2014--Prolacta Bioscience, Inc.. Filed by Ni-Q, LLC, an Oregon limited liability company, against Prolacta Bioscience, Inc., a Delaware corporation, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Proposed Summons). (Legaard, Brenna)
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