Ni-Q, LLC v. Prolacta Bioscience, Inc.
Plaintiff: Ni-Q, LLC
Defendant: Prolacta Bioscience, Inc.
Case Number: 3:2017cv00934
Filed: June 15, 2017
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Michael H Simon
Nature of Suit: Patent
Cause of Action: 28:2201
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2020 Opinion or Order 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)
September 25, 2020 Filing 208 Stipulated Motion for Extension of Time Re Briefing for Summary Judgement. Filed by Prolacta Bioscience, Inc.(a Delaware corporation). (Armon, Orion)
September 18, 2020 Filing 207 Joint Status Report . Filed by Ni-Q, LLC. (Legaard, Brenna)
September 18, 2020 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)
September 18, 2020 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)
September 18, 2020 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)
September 18, 2020 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)
September 17, 2020 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)
September 17, 2020 Filing 201 Motion for Summary Judgment of Inequitable Conduct. Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
September 8, 2020 Opinion or Order 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)
August 24, 2020 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)
August 3, 2020 Opinion or Order 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)
July 31, 2020 Filing 197 Joint Stipulation to Continue Deadline to File Motions to Compel by Prolacta Bioscience, Inc.. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
July 29, 2020 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)
July 28, 2020 Opinion or Order 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)
July 14, 2020 Opinion or Order 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)
July 14, 2020 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)
July 13, 2020 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)
March 11, 2020 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).
February 19, 2020 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)
February 11, 2020 Opinion or Order 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)
February 11, 2020 Filing 189 Unopposed Motion for Extension of Time to Answer Third Amended Complaint, #172 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
January 29, 2020 Opinion or Order 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)
December 16, 2019 Filing 187 Reply to Motion to Dismiss Ni-Q, LLCs Sherman Act Claim #176 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
December 2, 2019 Filing 186 Response to Motion to Dismiss Ni-Q, LLCs Sherman Act Claim #176 . Filed by Ni-Q, LLC. (Legaard, Brenna)
December 2, 2019 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)
November 21, 2019 Filing 184 Notice of Attorney Withdrawal: Cristin A. Wagner Filed by Ni-Q, LLC. (Wagner, Cristin)
November 19, 2019 Opinion or Order 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)
November 19, 2019 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)
November 7, 2019 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)
November 7, 2019 Opinion or Order 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)
November 7, 2019 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)
November 7, 2019 Opinion or Order 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)
November 6, 2019 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)
November 5, 2019 Filing 176 Motion to Dismiss Ni-Q, LLCs Sherman Act Claim. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
November 5, 2019 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).
November 5, 2019 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).
October 25, 2019 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)
October 22, 2019 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)
October 22, 2019 Opinion or Order 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)
October 22, 2019 Filing 170 Unopposed Motion for Leave to File Third Amended Complaint. Filed by Ni-Q, LLC. (Attachments: #1 Exhibit A) (Legaard, Brenna)
October 15, 2019 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)
October 4, 2019 Filing 168 Joint Status Report . Filed by Ni-Q, LLC. (Legaard, Brenna)
October 4, 2019 Opinion or Order 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)
September 20, 2019 Opinion or Order 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)
July 24, 2019 Filing 165 Reply to Motion for Leave to File Amended Complaint/Petition #160 . Filed by Ni-Q, LLC. (Legaard, Brenna)
July 10, 2019 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)
July 10, 2019 Filing 163 Memorandum in Opposition to Motion for Leave to File Amended Complaint/Petition #160 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
June 28, 2019 Opinion or Order 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)
June 27, 2019 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)
June 19, 2019 Filing 160 Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Legaard, Brenna)
June 12, 2019 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)
June 12, 2019 Filing 158 Reply to Motion for Summary Judgment Re On Sale Bar #152 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
June 7, 2019 Opinion or Order 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)
June 7, 2019 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)
May 24, 2019 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)
May 24, 2019 Filing 154 Memorandum in Opposition to Motion for Summary Judgment Re On Sale Bar #152 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
May 3, 2019 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)
May 3, 2019 Filing 152 Motion for Summary Judgment Re On Sale Bar. Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
February 19, 2019 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)
February 14, 2019 Opinion or Order 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)
February 13, 2019 Opinion or Order 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)
February 8, 2019 Filing 148 Notice of Supplemental Authority Filed by Ni-Q, LLC. (Attachments: #1 Exhibit A) (Legaard, Brenna)
January 25, 2019 Filing 147 Supplemental Brief Re PTO Guidelines. Filed by Ni-Q, LLC. (Legaard, Brenna)
January 25, 2019 Filing 146 Supplemental Response to Motion for Summary Judgment #88 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
January 14, 2019 Opinion or Order 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)
January 11, 2019 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)
January 11, 2019 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)
January 10, 2019 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)
January 3, 2019 Opinion or Order 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)
December 27, 2018 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)
December 18, 2018 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)
December 17, 2018 Filing 138 Notice of Attorney Withdrawal: Nicholas Lockhart Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
December 5, 2018 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)
December 5, 2018 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)
November 21, 2018 Opinion or Order 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)
November 19, 2018 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)
November 19, 2018 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)
November 13, 2018 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)
November 1, 2018 Filing 131 Answer Ni-Q, LLC's First Amended Answer to Prolacta Bioscience, Inc.'s Amended Counterclaims. Filed by Ni-Q, LLC. (Legaard, Brenna)
November 1, 2018 Opinion or Order 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)
October 31, 2018 Opinion or Order 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)
October 29, 2018 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)
October 18, 2018 Filing 127 Reply to Motion for Leave to Amend Answer to Amended Counterclaims #110 . Filed by Ni-Q, LLC. (Legaard, Brenna)
October 18, 2018 Filing 126 Amended Response in Opposition to Motion to Compel #117 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
October 18, 2018 Filing 125 Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
October 17, 2018 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)
October 17, 2018 Filing 123 Response in Opposition to Motion to Compel #117 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
October 5, 2018 Filing 122 Memorandum in Opposition To Ni-Q, LLCs Sur-Reply to Motion for Summary Judgment #88 . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
October 5, 2018 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)
October 4, 2018 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)
October 4, 2018 Opinion or Order 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)
October 3, 2018 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)
October 3, 2018 Filing 117 Motion to Compel . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
October 3, 2018 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)
October 1, 2018 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)
October 1, 2018 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)
September 21, 2018 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)
September 21, 2018 Filing 112 Sur-Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
September 21, 2018 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)
September 21, 2018 Filing 110 Motion for Leave to Amend Answer to Amended Counterclaims. Filed by Ni-Q, LLC. (Legaard, Brenna)
September 14, 2018 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)
September 12, 2018 Opinion or Order 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)
September 4, 2018 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)
September 4, 2018 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)
September 4, 2018 Filing 105 Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
August 21, 2018 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)
August 21, 2018 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)
August 21, 2018 Filing 102 Response in Opposition to Motion for Summary Judgment #88 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
August 21, 2018 Filing 101 Reply to Motion for Summary Judgment #88 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
August 7, 2018 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)
August 7, 2018 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)
August 7, 2018 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)
August 7, 2018 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)
August 7, 2018 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)
August 7, 2018 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).
July 26, 2018 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)
July 24, 2018 Opinion or Order 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)
July 24, 2018 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)
July 19, 2018 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)
July 18, 2018 Opinion or Order 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)
July 9, 2018 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)
July 9, 2018 Filing 88 Motion for Summary Judgment . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
June 22, 2018 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)
June 12, 2018 Opinion or Order Filing 86 Opinion and Order on Claim Construction. Signed on 6/12/2018 by Judge Michael H. Simon. (mja)
June 11, 2018 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)
June 11, 2018 Opinion or Order 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)
June 6, 2018 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)
June 1, 2018 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)
May 18, 2018 Filing 81 Brief Prolacta Bioscience, Inc.'s Claim Construction Reply Brief. Filed by Prolacta Bioscience, Inc.. (Related document(s): Brief #76 .) (Cleveland, Kristin)
May 18, 2018 Filing 80 Notice of Attorney Withdrawal: Angela Tarasi Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
May 4, 2018 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)
April 17, 2018 Opinion or Order 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)
April 13, 2018 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)
April 13, 2018 Filing 76 Brief - OPENING CLAIM CONSTRUCTION. Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
March 16, 2018 Filing 75 Joint Statement of Claim Construction and Prehearing Statement . Filed by Prolacta Bioscience, Inc.. (Armon, Orion)
March 4, 2018 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)
February 16, 2018 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)
February 16, 2018 Filing 72 Notice re Notice #66 (OBJECTION) Filed by Prolacta Bioscience, Inc.. (Related document(s): Notice #66 .) (Armon, Orion)
February 14, 2018 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)
February 12, 2018 Opinion or Order 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)
February 9, 2018 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)
January 26, 2018 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)
January 26, 2018 Filing 67 Motion for Reconsideration of Order #62 . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
January 12, 2018 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)
January 12, 2018 Filing 65 Notice re Order #62 Re Court-Appointed Expert Filed by Prolacta Bioscience, Inc.. (Related document(s): Order #62 .) (Armon, Orion)
January 2, 2018 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)
December 19, 2017 Filing 63 Answer to Answer, #57 Prolacta Bioscience, Inc.'s Amended Counterclaims. Filed by Ni-Q, LLC. (Related document(s): Answer, #57 .) (Legaard, Brenna)
December 12, 2017 Opinion or Order 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)
December 12, 2017 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)
December 11, 2017 Opinion or Order 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)
December 11, 2017 Filing 59 Joint Status Report Revised Joint Status Report and Proposed Case Management Schedule. Filed by Prolacta Bioscience, Inc.. (Cleveland, Kristin)
December 7, 2017 Filing 58 Unopposed Motion to Withdraw . Filed by Prolacta Bioscience, Inc.. (Donaldson, Corey)
December 5, 2017 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)
December 1, 2017 Opinion or Order 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)
November 29, 2017 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)
November 27, 2017 Filing 54 Reply to Motion for Judgment on the Pleadings #37 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
November 22, 2017 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)
November 22, 2017 Opinion or Order 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)
November 22, 2017 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)
November 22, 2017 Opinion or Order 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)
November 21, 2017 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)
November 21, 2017 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)
November 20, 2017 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)
November 20, 2017 Filing 46 Reply to Motion for Extension of Discovery & PTO Deadlines #34 Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
November 13, 2017 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)
November 13, 2017 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)
November 13, 2017 Filing 43 Response in Opposition to Motion for Judgment on the Pleadings #37 Oral Argument requested. Filed by Prolacta Bioscience, Inc.. (Donaldson, Corey)
November 6, 2017 Filing 42 Declaration of Scott Elster. Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Donaldson, Corey)
November 6, 2017 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)
November 6, 2017 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)
November 6, 2017 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)
November 6, 2017 Opinion or Order 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)
October 30, 2017 Filing 37 Motion for Judgment on the Pleadings . Oral Argument requested. Filed by All Plaintiffs. (Legaard, Brenna)
October 25, 2017 Opinion or Order 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)
October 23, 2017 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)
October 23, 2017 Filing 34 Motion for Extension of Discovery & PTO Deadlines . Oral Argument requested. Filed by Ni-Q, LLC. (Legaard, Brenna)
October 23, 2017 Opinion or Order Filing 33 Stipulated Protective Order. Signed on 10/23/2017 by Judge Michael H. Simon. (mja)
October 20, 2017 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)
October 20, 2017 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)
October 4, 2017 Filing 30 Answer to #26 Answer to Amended Complaint,, Counterclaim, with Jury Demand . Filed by Ni-Q, LLC. (Legaard, Brenna)
September 22, 2017 Opinion or Order 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)
September 20, 2017 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)
September 20, 2017 Filing 27 Motion for Extension of Time . Filed by All Plaintiffs. (Legaard, Brenna)
September 6, 2017 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)
August 23, 2017 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)
August 14, 2017 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)
August 14, 2017 Opinion or Order 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)
August 14, 2017 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)
August 14, 2017 Opinion or Order 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)
August 10, 2017 Opinion or Order 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)
August 9, 2017 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)
August 9, 2017 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)
August 9, 2017 Filing 17 Notice of Ruling in Related Matter Filed by Prolacta Bioscience, Inc. (Attachments: #1 Attachment Ruling in Related Matter) (Cleveland, Kristin)
August 4, 2017 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)
August 4, 2017 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)
July 21, 2017 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)
July 21, 2017 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)
July 21, 2017 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)
July 10, 2017 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)
July 10, 2017 Opinion or Order 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)
July 7, 2017 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)
July 7, 2017 Filing 8 Corporate Disclosure Statement . Filed by Prolacta Bioscience, Inc.. (Beel, Bryan)
July 7, 2017 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)
July 7, 2017 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)
June 26, 2017 Filing 5 Return of Service Executed as to Prolacta Bioscience, Inc. served on 6/16/2017, answer due on 7/7/2017. (Legaard, Brenna)
June 15, 2017 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)
June 15, 2017 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)
June 15, 2017 Opinion or Order 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)
June 15, 2017 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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Defendant: Prolacta Bioscience, Inc.
Represented By: Bryan D. Beel
Represented By: Alexandra Mayhugh
Represented By: Orion Armon
Represented By: Corey A. Donaldson
Represented By: Angela C. Tarasi
Represented By: Brian M. Fitzgerald
Represented By: Nicholas G. Lockhart
Represented By: M. Howard Morse
Represented By: Kristin L. Cleveland
Represented By: David Burns
Represented By: Julia E. Markley
Represented By: Jaye G. Heybl
Represented By: Cameron Vanderwall
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Plaintiff: Ni-Q, LLC
Represented By: Brenna Kristine Legaard
Represented By: Angela E. Addae
Represented By: Kathryn E. Kelly
Represented By: Cristin A. Wagner
Represented By: Brenna K. Legaard
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