InterMetro Industries Corporation v. Enovate Medical, LLC
| InterMetro Industries Corporation |
| Enovate Medical, LLC |
| 3:2013cv02854 |
| November 22, 2013 |
| U.S. District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Robert D Mariani |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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Filing 248
ORDER DISMISSING CASE with prejudice.Signed by Honorable Robert D. Mariani on 7/6/18. (jam)
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| Filing 247 STIPULATION of Dismissal WITH PREJUDICE by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Stipulation of Dismissal with Prejudice)(Forbis, Glenn) |
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Filing 246
SCHEDULING ORDER:IT IS HEREBY ORDERED that InterMetro Industries Corporation's Motion to Postpone Markman Hearing is hereby GRANTED. The Markman haring and technology tutorial scheduled for March 6, 2018 is hereby adjourned and rescheduled for Wednesday, July 18, 2018 at 9:30 a.m.Signed by Honorable Robert D. Mariani on 2/27/18. (jam)
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| Filing 245 MOTION for Extension of Time to have Markman Hearing by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting motion to postpone Markman)(Forbis, Glenn) |
| Filing 244 AMENDED DOCUMENT by InterMetro Industries Corporation. Amended Joint Claim Construction Chart. (Attachments: #1 Exhibit(s) 1 - Amended Joint Claim Construction Chart)(Forbis, Glenn) |
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Filing 243
SCHEDULING ORDER: The Markman hearing and technology tutorial scheduled for 11/28/17 is hereby adjourned and RESCHEDULED for TUESDAY, MARCH 6, 2018 at 9:00 AM. The deadline to file the amended Joint Claim Construction Chart is postponed to February 5, 2018. Signed by Honorable Robert D. Mariani on 10/19/17. (jam)
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| Filing 242 MOTION for Extension of Time to have Markman Hearing and Deadline to File Amended Joint Claim Construction Chart by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting motion to postpone Markman and Deadline to file Amended Joint Claim Construction Chart)(Forbis, Glenn) |
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Filing 241
ORDER: (1) A Markman Hearing and technology tutorial set for 11/28/2017 at 09:00 AM in Scranton before Honorable Robert D. Mariani. (2) Court reminds the parties that each party may have a technical expert in attendance for questioning. Any demonstratives must be disclosed by Monday, 11/20/2017. (3) Hearing to be held in Scranton - Counsel can obtain info on courtroom assignments by contacting the Clerk's Office the Friday before the appearance. (4) The Parties amended Joint Claim Construction Chart shall be filed by 10/20/2017. Signed by Honorable Robert D. Mariani on 7/6/2017. (rm)
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| Filing 239 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 7/6/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 7/6/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
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Filing 238
ORDER:A Telephone Conference is set for 7/6/2017 at 10:30 AM in Scranton before Honorable Robert D. Mariani.Signed by Honorable Robert D. Mariani on 6/12/2017. (rm)
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| Filing 237 Letter from RICHARD S. ORDER RE QUESTIONS POSED BY COURT IN MAY 27 2017 ORDER (DOC 236). (Order, Richard) |
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Filing 236
ORDER THAT the parties shall jointly file a letter with the Court on or before June 9, 2017, detailing the following information:1.Whether the parties are prepared to engage in a Markman hearing and technology tutorial, and, if not, an estimate of the length of time the parties require in order to be fully and properly prepared to engage in the hearing and tutorial. 2. Whether the parties have agreed upon the number of asserted claims against Enovate, have clearly identified those patent claims that are now specifically at issue, and agreed upon either a modification of the previously agreed upon number of asserted claims across all patents-in-suit or agreed that the number shall remain at 35. 3. Whether the parties believe additional claim construction will be necessary and, in turn, whether the parties believe that their Claim Construction briefs (see Docs. 69,71,76,78) and Joint Claim Construction Chart (Doc. 73) need to be supplemented.Signed by Honorable Robert D. Mariani on 5/26/17. (jfg)
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| Filing 235 Letter from Richard S. Order to Judge Mariani re Affirmance in Federal Circuit Appeals. (Order, Richard) |
| Filing 234 Plaintiff's ANSWER to #232 Answer to Amended Complaint, Counterclaim by InterMetro Industries Corporation.(Forbis, Glenn) |
| Filing 233 AMENDED ANSWER to #227 Amended Complaint,,,, #232 Answer to Amended Complaint, Counterclaim - First Amended Answer and Affirmative Defenses, COUNTERCLAIM against InterMetro Industries Corporation by Enovate Medical, LLC. (Order, Richard) |
| Filing 232 ANSWER to #227 Amended Complaint,,,, Affirmative Defenses, COUNTERCLAIM and Jury Demand against InterMetro Industries Corporation by Enovate Medical, LLC.(Order, Richard) |
| Filing 231 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Harvey Freedenberg terminated on behalf of InterMetro Industries Corporation. (Freedenberg, Harvey) |
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Filing 230
ORDER And now, upon consideration ofdefendant Enovate Medical, LLC's Motion for Extension of Time to Answer and Assert Counterclaims to Plaintiff InterMetro's Third Amended Complaint dated March 23,2017, IT IS HEREBY ORDERED THAT the Motion is GRANTED. Enovate Medical, LLC shall file its response to InterMetro's Third Amended Complaint on or before April 7, 2017.Signed by Honorable Robert D. Mariani on 3/24/17 (jfg)
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| Filing 229 MOTION for Extension of Time to File Answer re #227 Amended Complaint,,,, AND ASSERT COUNTERCLAIMS - CONCURRED by Enovate Medical, LLC.(Order, Richard) |
| Filing 228 Letter from RICHARD S. ORDER TO HON. ROBERT D. MARIANI REGARDING STATUS OF FEDERAL CIRCUIT APPEALS. (Order, Richard) |
| Filing 227 AMENDED COMPLAINT THIRD against Enovate Medical, LLC, filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) EX 1, #2 Exhibit(s) EX 2, #3 Exhibit(s) EX 3, #4 Exhibit(s) EX 4, #5 Exhibit(s) EX 5, #6 Exhibit(s) EX 6, #7 Exhibit(s) EX 7, #8 Exhibit(s) EX 8, #9 Exhibit(s) EX 9, #10 Exhibit(s) EX 10, #11 Exhibit(s) EX 11, #12 Exhibit(s) EX 12, #13 Exhibit(s) EX 13, #14 Exhibit(s) EX 14, #15 Exhibit(s) EX 15, #16 Exhibit(s) EX 16, #17 Exhibit(s) EX 17, #18 Exhibit(s) EX 18, #19 Exhibit(s) EX 19, #20 Exhibit(s) EX 20, #21 Exhibit(s) EX 21, #22 Exhibit(s) EX 22, #23 Exhibit(s) EX 23, #24 Exhibit(s) EX 24, #25 Exhibit(s) EX 25, #26 Exhibit(s) EX 26, #27 Exhibit(s) EX 27, #28 Exhibit(s) EX 28, #29 Exhibit(s) EX 29, #30 Exhibit(s) EX 30, #31 Exhibit(s) EX 31, #32 Exhibit(s) EX 32, #33 Exhibit(s) EX 33, #34 Exhibit(s) EX 34, #35 Exhibit(s) EX 35, #36 Exhibit(s) EX 36, #37 Exhibit(s) EX 37)(Forbis, Glenn) |
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Filing 226
ORDER 1. Plaintiffs Motion for Leave to File aThird Amended Complaint (Doc. 166) is GRANTED as follows: a. Within SEVEN (7) DAYS from the date of this Order, Plaintiff shall file its Third Amended Complaint in the form submitted to this Court. b. Plaintiff may file its Third Amended Complaint in redacted form or under seal if necessary, so long as the Court is provided with an unredacted copy of the Third Amended Complaint. 2. Plaintiffs Motion to Dismiss Enovate's Counterclaims III and IV and Enovate's Third Affirmative Defense Pursuant to Fed. R. Civ. P. 12{b)(6) (Doc. 146) is DENIED AS MOOT. Should it so choose, Plaintiff may file anew motion to dismiss at such timewhen Defendant has filed its Answer, Counterclaims, and Affirmative Defenses in response to Plaintiffs Third Amended Complaint.Signed by Honorable Robert D. Mariani on 3/7/17. (jfg)
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| Filing 225 MEMORANDUM OPINION - For the foregoing reasons, Plaintiffs Motion for Leave to Amend Its Third Amended Complaint (Doc. 166) will be granted. A separate Order follows.Signed by Honorable Robert D. Mariani on 3/7/17. (jfg) |
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Filing 224
ORDER upon consideration of Defendant Enovate Medical's Motion to Stay Case (Doc. 159), IT IS HEREBY ORDERED THAT the Motion is DENIED.Signed by Honorable Robert D. Mariani on 3/7/17. (jfg)
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| Filing 223 MEMORANDUM OPINION - Upon a review of the totality of the circumstances and the specific factual background of this case, and on balance of the factors that should be considered when determining whether to grant a stay, for the foregoing reasons, Defendant Enovate Medical, LLC's Motion to Stay the Case (Doc. 159) will be denied. A separate Order follows.Signed by Honorable Robert D. Mariani on 3/7/17. (jfg) |
| Filing 222 REPLY BRIEF re #166 MOTION to Amend/Correct #142 Amended Complaint,,, filed by InterMetro Industries Corporation.(Forbis, Glenn) |
| Filing 221 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Jennifer J. Walsh terminated on behalf of Intermetro Industries Corporation. (Walsh, Jennifer) |
| Filing 220 REPLY BRIEF re #166 MOTION to Amend/Correct #142 Amended Complaint,,, filed by Enovate Medical, LLC. (Attachments: #1 Table of Exhibits, #2 Exhibit A, #3 Exhibit B)(Montgomery, Bridget) |
| Filing 219 DOCUMENT SEALED ( EXH G) (cl) |
| Filing 218 DOCUMENT SEALED ( EXH F) (cl) |
| Filing 217 DOCUMENT SEALED (EXH E) (cl) |
| Filing 216 DOCUMENT SEALED ( EXH D) (cl) |
| Filing 215 DOCUMENT SEALED (EXH C) (cl) |
| Filing 214 DOCUMENT SEALED (EXH B / PART 2) (cl) |
| Filing 213 DOCUMENT SEALED (EXH B) (cl) |
| Filing 212 DOCUMENT SEALED ( EXH 39) (cl) |
| Filing 211 DOCUMENT SEALED (EXH 38) (cl) |
| Filing 210 DOCUMENT SEALED (EXH 37) (cl) |
| Filing 209 DOCUMENT SEALED (EXH 36) (cl) |
| Filing 208 DOCUMENT SEALED (EXH 35) (cl) |
| Filing 207 DOCUMENT SEALED (EXH 34) (cl) |
| Filing 206 DOCUMENT SEALED (EXH 33) (cl) |
| Filing 205 DOCUMENT SEALED (EXH 32) (cl) |
| Filing 204 DOCUMENT SEALED (EXH 31) (cl) |
| Filing 203 DOCUMENT SEALED (EXH 30) (cl) |
| Filing 202 DOCUMENT SEALED (EXH 29) (cl) |
| Filing 201 DOCUMENT SEALED (EXH 28) (cl) |
| Filing 200 DOCUMENT SEALED (EXH 27) (cl) |
| Filing 199 DOCUMENT SEALED (EXH 26) (cl) |
| Filing 198 DOCUMENT SEALED (EXH 25) (cl) |
| Filing 197 DOCUMENT SEALED (EXH 24) (cl) |
| Filing 196 DOCUMENT SEALED (EXH 23/ PART 2) (cl) |
| Filing 195 DOCUMENT SEALED (EXH 23) (cl) |
| Filing 194 DOCUMENT SEALED (EXH 22) (cl) |
| Filing 193 DOCUMENT SEALED (Exh 21 / PART 2) (cl) |
| Filing 192 DOCUMENT SEALED (Exh 21) (cl) |
| Filing 191 DOCUMENT SEALED (Exh 20) (cl) |
| Filing 190 DOCUMENT SEALED (Exh 19) (cl) |
| Filing 189 DOCUMENT SEALED ( Exh 18) (cl) |
| Filing 188 DOCUMENT SEALED (doc 17) (cl) |
| Filing 187 DOCUMENT SEALED (Exh 16) (cl) |
| Filing 186 DOCUMENT SEALED (Exh 15) (cl) |
| Filing 185 DOCUMENT SEALED (doc 14) (cl) |
| Filing 184 DOCUMENT SEALED (Exh 13) (cl) |
| Filing 183 DOCUMENT SEALED (Exh 12) (cl) |
| Filing 182 DOCUMENT SEALED (Exh 11) (cl) |
| Filing 181 DOCUMENT SEALED (Exh 10) (cl) |
| Filing 180 DOCUMENT SEALED (Exh 9) (cl) |
| Filing 179 DOCUMENT SEALED (Exh 8) (cl) |
| Filing 178 DOCUMENT SEALED (Exh 7) (cl) |
| Filing 177 DOCUMENT SEALED (Exh 6) (cl) |
| Filing 176 DOCUMENT SEALED (Exh 5) (cl) |
| Filing 175 DOCUMENT SEALED (Exh 4) (cl) |
| Filing 174 DOCUMENT SEALED (Exh 3) (cl) |
| Filing 173 DOCUMENT SEALED (Exh 2) (cl) |
| Filing 172 DOCUMENT SEALED (Exh 1) (cl) |
| Filing 171 DOCUMENT SEALED (Exh A part 2) (cl) |
| Filing 170 DOCUMENT SEALED (Exh A) (cl) |
| Filing 169 DOCUMENT SEALED (Brief in supp of motion) (cl) |
| Filing 168 DOCUMENT SEALED (Motion to file 3rd amended cmplt) (cl) |
| Filing 167 BRIEF IN SUPPORT re #166 MOTION to Amend/Correct #142 Amended Complaint,,, filed by InterMetro Industries Corporation. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit(s) A Third Amended Complaint, #3 Exhibit(s) B Redlined copy of the Third Amended Complaint, showing changes from the Second Amended Complaint, #4 Exhibit(s) C unpublished Masimo Corp. v. Philips Elecs. N. Am. Corp., no. 09-80-JJF-MPT, 2010 U.S. Dist. LEXIS 38518 (D. Del. Apr. 20, 2010), #5 Exhibit(s) D unpublished Conway v. Lindsay, no. 1:cv-07-1457, 2009 U.S. Dist. LEXIS 56891 (M.D. Pa. 2009 Jul. 6, 2009), #6 Exhibit(s) E Unpublished Fehr v. Sus-Q Cyber Charter Sch., no. 13-01871, 2015 U.S. Dist. LEXIS 21223 (M.D. Pa. Feb. 23, 2015), #7 Exhibit(s) F Unpublished Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, 2006 U.S. Dist. LEXIS 37474 (D. Del. Jun. 8, 2006), #8 Exhibit(s) G Unpublished TruePosition, Inc. v. Allen Telecom, Inc., no. 01-823 GMS, 2002 U.S. Dist. LEXIS 12848 (D. Del. Jul. 16, 2002), #9 Exhibit(s) 1 to Third Amended Complaint, #10 Exhibit(s) 2 to Third Amended Complaint, #11 Exhibit(s) 3 to Third Amended Complaint, #12 Exhibit(s) 4 to Third Amended Complaint, #13 Exhibit(s) 5 to Third Amended Complaint, #14 Exhibit(s) 6 to Third Amended Complaint, #15 Exhibit(s) 7 to Third Amended Complaint, #16 Exhibit(s) 8 to Third Amended Complaint, #17 Exhibit(s) 9 to Third Amended Complaint, #18 Exhibit(s) 10 to Third Amended Complaint, #19 Exhibit(s) 11 to Third Amended Complaint, #20 Exhibit(s) 12 to Third Amended Complaint, #21 Exhibit(s) 13 to Third Amended Complaint, #22 Exhibit(s) 14 to Third Amended Complaint, #23 Exhibit(s) 15 to Third Amended Complaint, #24 Exhibit(s) 16 to Third Amended Complaint, #25 Exhibit(s) 17 to Third Amended Complaint, #26 Exhibit(s) 18 to Third Amended Complaint, #27 Exhibit(s) 19 to Third Amended Complaint, #28 Exhibit(s) 20 to Third Amended Complaint, #29 Exhibit(s) 21 to Third Amended Complaint, #30 Exhibit(s) 22 to Third Amended Complaint, #31 Exhibit(s) 23 to Third Amended Complaint, #32 Exhibit(s) 24 to Third Amended Complaint, #33 Exhibit(s) 25 to Third Amended Complaint, #34 Exhibit(s) 26 to Third Amended Complaint, #35 Exhibit(s) 27 to Third Amended Complaint, #36 Exhibit(s) 28 to Third Amended Complaint, #37 Exhibit(s) 29 to Third Amended Complaint, #38 Exhibit(s) 31 to Third Amended Complaint, #39 Exhibit(s) 32 to Third Amended Complaint, #40 Exhibit(s) 38 to Third Amended Complaint, #41 Exhibit(s) 39 to Third Amended Complaint)(Forbis, Glenn) |
| Filing 166 MOTION to Amend/Correct #142 Amended Complaint,,, by InterMetro Industries Corporation. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order)(Forbis, Glenn) |
| Filing 165 REPLY BRIEF re #159 MOTION to Stay Case in Further Support of Enovate Reply Brief filed by Enovate Medical, LLC. (Attachments: #1 Exhibit(s) Table of Contents for Exhibits, #2 Exhibit(s) L, #3 Exhibit(s) M, #4 Exhibit(s) N)(Montgomery, Bridget) |
| Filing 164 BRIEF IN OPPOSITION re #159 MOTION to Stay Case filed by InterMetro Industries Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit(s) Ex. A ImageVision.Net, Inc. v. Internet Payment Exch., Inc., no. 12-054-GMS-MPT, 2012 U.S. Dist. LEXIS 163234 (D. Del. Nov. 15, 2012), #3 Exhibit(s) Ex. B Black & Decker, Inc. v. Positec USA, Inc., 2016 U.S. App. LEXIS 9039 (Fed. Cir. 2016), #4 Exhibit(s) Ex. C Intellectual Ventures I LLC v. Toshiba Corp., no. 13-453-SLR, 2015 U.S. Dist. LEXIS 63859 (D. Del. May 15, 2015), #5 Exhibit(s) Ex. D Benefit Funding Sys. LLC v. Advance Am., Cash Advance Centers, Inc., no. 12-801-LPS, U.S. Dist. LEXIS 91057 (D. Del. June 28, 2013), #6 Exhibit(s) Ex. Walker Digital, LLC v. Google, Inc., no. 11-00318-LPS, 2014 U.S. Dist. LEXIS 85539 (D. Del. June 24, 2014), #7 Exhibit(s) Ex. F ImageVision.Net, Inc., v. Internet Payment Exch., Inc., no. 12-054-GMS-MPT, 2013 U.S. Dist. LEXIS 25015 (D. Del. Feb. 25, 2013), #8 Exhibit(s) Ex. G ImageVision.Net, Inc., v. Internet Payment Exch., Inc., no. 12-054-GMS, 2013 U.S. Dist. LEXIS 56943 (D. De. Apr. 22, 2013), #9 Exhibit(s) Ex. H Belden Techs. Inc. v. Superior Essex Commcns LP, no. 08-63-SLR, 2010 U.S. Dist. LEXIS 90960 (D. Del. Sept. 2, 2010), #10 Exhibit(s) Ex. I Median Disposition Time for Cases Terminated after Hearing or Submission (Detailed table of data 2006-2015))(Forbis, Glenn) |
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Filing 163
ORDER granting #161 Motion to Continue; granting #162 Joint Motion for Stipulation. And now, upon consideration of the parties' Joint Motion for Entry ofStipulation for Postponement of Markman Hearing dated June 30, 2016, IT ISHEREBY ORDERED THAT the Joint Motion for Entry of Stipulation isGRANTED, and as a consequence, defendant Enovate Medical, LLC's Motion toPostpone Markman Hearing (Doc. 161) is hereby GRANTED. The technologytutorial and Markman hearing scheduled for July 25-26, 2016 is postponed withouta date and will be rescheduled to a date that is at least 60 days after the Court'srulings on: (i) Enovate Medical's Motion to Stay Case (Doc. 159) and (ii)InterMetro's soon-to-be-filed Motion For Leave to Amend.Signed by Honorable Robert D. Mariani on 7/8/2016 (bg)
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| Filing 162 MOTION [JOINT] FOR POSTPONEMENT OF MARKMAN HEARING , STIPULATION re #161 MOTION to Continue (Postpone) Markman Hearing by InterMetro Industries Corporation, filed by InterMetro Industries Corporation. Related document: #161 MOTION to Continue (Postpone) Markman Hearing filed by Enovate Medical, LLC. (Attachments: #1 Proposed Stipulated Order Order for Postponement of Markman Hearing)(Forbis, Glenn) |
| Filing 161 MOTION to Continue (Postpone) Markman Hearing by Enovate Medical, LLC. (Attachments: #1 Proposed Order)(Montgomery, Bridget) |
| Filing 160 BRIEF IN SUPPORT re #159 MOTION to Stay Case filed by Enovate Medical, LLC. (Attachments: #1 Table of Contents of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Montgomery, Bridget) |
| Filing 159 MOTION to Stay Case by Enovate Medical, LLC. (Attachments: #1 Proposed Order)(Montgomery, Bridget) |
| Filing 157 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic status conference before Judge Mariani on 6/16/16. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 6/16/16. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
| Filing 156 Letter from InterMetro to Judge Mariani in response to Enovate's letter . (Forbis, Glenn) |
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Filing 155
ORDER:THAT aconference call shall be held on Thursday, June 16, 2016 at 3:00 p.m. Defendant's counsel is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted.Should Plaintiff's counsel so choose, they may file aresponse to Defendant's letter on or before Wednesday, June 15, 2016 at 3:00 p.m. Signed by Honorable Robert D. Mariani on 6/10/16. (jfg)
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| Filing 154 Letter from Richard Order to Judge Mariani . (Order, Richard) |
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Filing 153
ORDER: 1. The Markman hearing is RESCHEDULED and shall be held on Tuesday, July 26, 2016, at 10:00 a.m. 2. A"technology tutorial" shall be held before the Court on Monday, July 25,2016, at 10:00 a.m. The purpose of this tutorial is for the parties to provide the Court with neutral, useful background information about the technology at issue in this case and to educate the Court about the science, technology, and perspective of a person having ordinary ski" in the art as of the time period of the invention. Although counsel for both parties may present their respective view of the technology, the parties should present this tutorial in a neutral manner. In addition to the presentations by counsel, each party may have atechnical expert in attendance for questioning. Any demonstratives that aparty intends to use, such as apower point presentation, simulation video, CD, etc., must be disclosed on or before Wednesday, July 20,2016. 3. The Markman hearing and Technology Tutorial shall be held in the William J. Nealon Federal Building, Scranton, Pa. in courtrooms to be designated by the Clerk of Court. Counsel can obtain information on courtroom assignments by contacting the Clerk's office the Friday before the scheduled appearance. Signed by Honorable Robert D. Mariani on 4/28/16. (jfg)
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| Filing 152 REPLY BRIEF re #146 MOTION to Dismiss Enovate's Counterclaims III and IV and Enovate's Third Affirmative Defense Pursuant to Fed. R. Civ. P. 12(b)(6), #147 MOTION to Dismiss Brief in Support Of Motion to Dismiss Enovates' Counterclaims III and IV And Enovates Third Affirmative Defense Pursuant to Fed. R. Civ. P. 12(b)(6) filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit Table of Contents Index, #2 Exhibit(s) A - Dell Patent, #3 Exhibit(s) B - Exhibit D to Enovate's Invalidity Contentions, #4 Exhibit(s) C - Clark Patent)(Forbis, Glenn) |
| Filing 151 Letter from Glenn Forbis for InterMetro Industries Corp. requesting rescheduling of Markman Hearing. (Forbis, Glenn) |
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Filing 150
ORDER:THAT the Markman Hearing Oral Argument. currently scheduled to be held on Thursday, April 21, 2016 is RESCHEDULED and shall be held on Tuesday, May 31, 2016 at 10:00 a.m. All other directives set forth in the Court's Order dated February 5,2016 (Doc. 141) remain in effect to the extent they are not inconsistent with this Order. Signed by Honorable Robert D. Mariani on 4/15/16. (jfg)
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| Filing 149 BRIEF IN OPPOSITION re #146 MOTION to Dismiss Enovate's Counterclaims III and IV and Enovate's Third Affirmative Defense Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Enovate Medical, LLC.(Montgomery, Bridget) |
| Filing 148 Plaintiff's ANSWER to #145 Answer to Amended Complaint, Counterclaim by InterMetro Industries Corporation.(Forbis, Glenn) |
| Filing 147 MOTION to Dismiss Brief in Support Of Motion to Dismiss Enovates' Counterclaims III and IV And Enovates Third Affirmative Defense Pursuant to Fed. R. Civ. P. 12(b)(6) by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Forbis, Glenn) |
| Filing 146 MOTION to Dismiss Enovate's Counterclaims III and IV and Enovate's Third Affirmative Defense Pursuant to Fed. R. Civ. P. 12(b)(6) by InterMetro Industries Corporation.(Forbis, Glenn) |
| Filing 145 ANSWER to #142 Amended Complaint,,, , COUNTERCLAIM against InterMetro Industries Corporation by Enovate Medical, LLC.(Montgomery, Bridget) |
| Filing 144 DOCUMENT SEALED UNREDACTED SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL of Pltf, Intermetro Industries Corp. (Attachments: #1 Part 1, #2 Part 2, #3 Part 3) (kc) |
| Filing 143 DOCUMENT SEALED EXHIBIT 30. (Attachments: #1 Exhibit(s) 33, #2 Exhibit(s) 34, #3 Exhibit(s) 35, #4 Exhibit(s) 36, #5 Exhibit(s) 37) (kc) |
| Filing 142 AMENDED COMPLAINT (Second Amended Complaint) against Enovate Medical, LLC, filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 31, #31 Exhibit(s) 32)(Walsh, Jennifer) |
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Filing 141
ORDER finding as moot #56 Motion to Dismiss for Failure to State a Claim; granting #121 Motion to Amend/Correct ; granting #77 Motion for Markman Hearing; Amended Pleadings due by 2/12/2016.Signed by Honorable Robert D. Mariani on 02/05/16 (ep)
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| Filing 140 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Robert D. Mariani on 02/05/16. (ep) |
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Filing 138
ORDER 1. Counsel for Intermetro shall be allowed to question each deponent on any relevant and unprivileged matters, including the knowledge of the deponent with regard to the patents acquired by Intermetro. Intermetro's counsel shall be permitted pose these questions in furtherance of Intermetro's attempt to assert that any such knowledge of the patents may be imputed to Defendant Enovate Medical, LLC. However, Intermetro's counsel shall not be permitted to inquire-and has agreed not to so f inquire-into matters that relate solely to the Inter Partes Reviews initiated by Enovate Medical before the United States Patent Trial and Appeal Board pursuant to 35 U.S.C. 311. Further, Intermetro through counsel agreed that no information obtained through the testimony of any deponent or any related documentary information will be submitted or made reference to in any filing or other submission to the Patent Trial and Appeal Board. 2. With regard to any deponent who occupied a position with both Riverside Partners, LLC and Enovate Medical, LLC, questions may be addressed to this deponent to the extent that the questions are formulated to elicit information showing or tending to show knowledge of Intermetro's patents that may be imputed to Defendant Enovate Medical, LLC. Counsel for the parties agreed that communications between Attorney Richard Order and any member of the Board of Enovate Medical, LLC are privileged. Further, the parties agreed that communications between Craig Stern and Michael Magliochetti, who are members of both the Boards of Riverside and Enovate, are also privileged.Signed by Honorable Robert D. Mariani on 1/22/26. (jfg)
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| Filing 137 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic discovery conference before Judge Mariani on 1/22/16. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 1/22/16. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
| Filing 136 DOCUMENT SEALED REPLY BRIEF of Intermetro Industries Corporation in support of it's Motion for Leave under FRCP15(a)(2) to file its Second Amended Complaint. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (kc) |
| Filing 135 REPLY BRIEF re #121 MOTION to Amend/Correct for Leave to File Second Amended Complaint filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(Walsh, Jennifer) |
| Filing 134 DOCUMENT SEALED -filed by Plaintiff (Originally received on 12/15/2015) (RE: documents 121 and 122) (Attachments: #1 Exhibit List, #2 Unredacted Copy (Tab A), #3 Unredacted Copy (Tab B), #4 part 2 of ( Tab B), #5 Unredacted copy of Tab C, #6 part 2 of Tab C, #7 Unredacted copy of Tab D) (cl) |
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Filing 133
ORDER: THAT atelephone conference call will be held on Friday, January 22,2016 at 3:30 p.m. to discuss the issues raised in counsel's letter. It shall be the responsibility of Defendant's counsel to place the call to Chambers at (570) 207-5750 and all parties should be prepared to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 1/20/16. (jfg)
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| Filing 132 Letter from Richard S. Order . (Order, Richard) |
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Filing 131
ORDER THAT Plaintiff shall have SEVEN (7) DAYS from the date of this Order to file unredacted clean and red lined copies of its Proposed Second Amended Complaint. Consistent with this Court's most recent Order, Plaintiff may file these documents under seal without first seeking leave of the Court to do so.Signed by Honorable Robert D. Mariani on 1/19/16. (jfg)
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| Filing 130 BRIEF IN OPPOSITION re #121 MOTION to Amend/Correct for Leave to File Second Amended Complaint filed by Enovate Medical, LLC. (Attachments: #1 Exhibits)(pjr) |
| Filing 129 BRIEF IN OPPOSITION re #121 MOTION to Amend/Correct for Leave to File Second Amended Complaint filed by Enovate Medical, LLC. (Attachments: #1 Table of Contents of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Montgomery, Bridget) |
| Filing 128 DOCUMENT SEALED (cl) |
| Filing 127 DOCUMENT SEALED (cl) |
| Filing 126 DOCUMENT SEALED (cl) |
| Filing 125 DOCUMENT SEALED (cl) |
| Filing 124 DOCUMENT SEALED (cl) Modified on 12/16/2015 (cl). |
| Filing 123 DOCUMENT SEALED (cl) |
| Filing 122 BRIEF IN SUPPORT re #121 MOTION to Amend/Correct for Leave to File Second Amended Complaint filed by InterMetro Industries Corporation. (Attachments: #1 Unpublished Opinion(s), #2 Exhibit(s) Proposed Second Amended Complaint, #3 Exhibit(s) Proposed Second Amended Complaint - Redlined, #4 Exhibit(s) Exhibit 1 to Second Amended Complaint, #5 Exhibit(s) Exhibit 2 to Second Amended Complaint, #6 Exhibit(s) Exhibit 3 to Second Amended Complaint, #7 Exhibit(s) Exhibit 4 to Second Amended Complaint, #8 Exhibit(s) Exhibit 5 to Second Amended Complaint, #9 Exhibit(s) Exhibit 6 to Second Amended Complaint, #10 Exhibit(s) Exhibit 7 to Second Amended Complaint, #11 Exhibit(s) Exhibit 8 to Second Amended Complaint, #12 Exhibit(s) Exhibit 9 to Second Amended Complaint, #13 Exhibit(s) Exhibit 10 to Second Amended Complaint, #14 Exhibit(s) Exhibit 11 to Second Amended Complaint, #15 Exhibit(s) Exhibit 12 to Second Amended Complaint, #16 Exhibit(s) Exhibit 13 to Second Amended Complaint, #17 Exhibit(s) Exhibit 14 to Second Amended Complaint, #18 Exhibit(s) Exhibit 15 to Second Amended Complaint, #19 Exhibit(s) Exhibit 16 to Second Amended Complaint, #20 Exhibit(s) Exhibit 17 to Second Amended Complaint, #21 Exhibit(s) Exhibit 18 to Second Amended Complaint, #22 Exhibit(s) Exhibit 19 to Second Amended Complaint, #23 Exhibit(s) Exhibit 20 to Second Amended Complaint, #24 Exhibit(s) Exhibit 21 to Second Amended Complaint, #25 Exhibit(s) Exhibit 22 to Second Amended Complaint, #26 Exhibit(s) Exhibit 23 to Second Amended Complaint, #27 Exhibit(s) Exhibit 24 to Second Amended Complaint, #28 Exhibit(s) Exhibit 25 to Second Amended Complaint, #29 Exhibit(s) Exhibit 26 to Second Amended Complaint, #30 Exhibit(s) Exhibit 27 to Second Amended Complaint, #31 Exhibit(s) Exhibit 28 to Second Amended Complaint, #32 Exhibit(s) Exhibit 29 to Second Amended Complaint, #33 Exhibit(s) Exhibit 31 to Second Amended Complaint, #34 Exhibit(s) Exhibit 32 to Second Amended Complaint)(Walsh, Jennifer) |
| Filing 121 MOTION to Amend/Correct for Leave to File Second Amended Complaint by InterMetro Industries Corporation. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order)(Walsh, Jennifer) |
| DOCKET ANNOTATION: Docs #89-110, Docs #112-115 and Doc #117 have been deleted off the docket sheet per this Courts order dated 12/7/2015 ECF Doc #118. (jw) |
| Filing 119 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic discovery conference before Judge Mariani on 12/7/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/7/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
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Filing 118
ORDER 1. Plaintiffs First Motion for Leave to File a Second Amended Complaint (Doc. 90) and all accompanying documents, whether in support, in opposition, or on related issues arising out of that Motion (Docs. 89, 91-110) are STRICKEN from the record. 2. Plaintiffs Second Motion for Leave to File a Second Amended Complaint (Doc. 112) and all accompanying documents, whether in support, in opposition, or on related issues arising out of that Motion (Doc. 113-115, 117) are likewise STRICKEN from the record. 3. The striking of Plaintiffs Motions as stated in paragraphs 1and 2, supra, is WITHOUT PREJUDICE to the Plaintiffs ability to file another motion seeking leave to file asecond amended complaint. 4. Should the Plaintiff file another motion seeking leave to file asecond amended complaint, it may do so, and in connection therewith it may file any documents that are either deemed confidential or that contain redacted material under the terms of the Stipulated Protective Order (Doc. 42) under seal without first seeking leave of the Court to do so. 5.Paragraph 10 of the Stipulated Protective Order (Doc. 42) is MODIFIED to permit the filing of confidential documents or documents in redacted form under seal without the party filing such documents being required to first obtain leave of the Court to do so.Signed by Honorable Robert D. Mariani on 12/7/15. (jfg)
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Filing 116
ORDER: THAT atelephone conference call SHALL BE CONDUCTED with counsel to discuss these issues and any others raised in Defendant's December 1Letter on Monday, December 7,2015 at 1:30 p.m. Counsel for the Plaintiff is shall be responsible for arranging the conference call to Chambers at (570) 207-5750 and all parties should be prepared to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 12/2/15. (jfg)
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| Filing 111 DOCUMENT SEALED (kc) |
| DOCKET ANNOTATION: Doc. #111 in the above-captioned case emailed to Attys. Moustakas, Forbis, Sanborn, Freedenberg, Walsh, Leppo, Marks, McEleney, Order and Montgomery ; (ep) |
| Filing 88 NOTICE of Appearance by Jennifer J. Walsh on behalf of InterMetro Industries Corporation (Walsh, Jennifer) |
| Filing 87 Letter from Plaintiff InterMetro Industries Corporation . (Attachments: #1 Attachment - Case: Addiction and Detoxification v. Carpenter)(Forbis, Glenn) |
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Filing 86
ORDER 1. Enovate Medical, LLC shall provide all documents which relate to the following categories of information in connection with the merger of Enovate IT and Stinger Medical in 2012: a. Market valuations; b. Competitor analyses, including commentary as between competitors; c. Projections on market performance; and d. Sales projections. 2. Disputes that may arise as to the discoverability of specific documents within these general categories can be brought to the Court for resolution through the filing of a letter describing the dispute.Signed by Honorable Robert D. Mariani on 3/19/15. (jfg)
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| Filing 84 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic Discovery Dispute before Judge Mariani on 3/19/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 3/19/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
| Filing 83 STIPULATION Regarding Exemplary Products by InterMetro Industries Corporation, filed by InterMetro Industries Corporation.(Forbis, Glenn) |
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Filing 82
ORDER:upon request of counsel (see Doc. 80), IT IS HEREBY ORDERED THAT atelephone discovery conference will be held on Thursday, March 19, 2015 at 1:30 p.m. Counsel for the plaintiff is responsible for arranging the call to Chambers at (570)207-5750 and all participants should be prepared to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 3/9/15. (jfg)
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| Filing 81 Letter from Richard S. Order to Hon. Robert D. Mariani. (Order, Richard) |
| Filing 80 Letter from Glenn Forbis Requesting a Telephonic Conference. (Forbis, Glenn) |
| Filing 79 OMNIBUS ORDER - DEFER RULING re #77 MOTION for Markman Hearing Oral Argument filed by InterMetro Industries Corporation until after the Motions to Dismiss are resolved.Signed by Honorable Robert D. Mariani on 2/20/15. (lh) |
| Filing 78 RESPONSE by InterMetro Industries Corporation to #71 Brief,, Plaintiff's Responsive Brief to Defendants' Opening Claim Construction Brief. (Attachments: #1 Exhibit List, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7)(Forbis, Glenn) |
| Filing 77 MOTION for Markman Hearing Oral Argument by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Plaintiff's Motion For Markman Hearing Oral Argument)(Forbis, Glenn) |
| Filing 76 RESPONSE by Enovate Medical, LLC to #71 Brief,, #69 Document Filed,, Defendants' Joint Responsive Claim Construction Brief. (Attachments: #1 Table of Contents of Exhibits, #2 Exhibit S, #3 Exhibit T, #4 Exhibit U)(Montgomery, Bridget) |
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Filing 75
ORDER granting #74 Motion to Extend Word-Count Limit for Responsive Claim Constructions Briefs. Signed by Honorable Robert D. Mariani on 2/19/15 (lh)
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| Filing 74 MOTION To Extend Word-Count Limit For Responsive Claim Construction Briefs with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order to Extend Word-Count Limit)(Forbis, Glenn) |
| Filing 73 by InterMetro Industries Corporation. Amended Joint Claim Construction Chart. (Attachments: #1 Exhibit(s) 1 - Amended Joint Claim Construction Chart)(Forbis, Glenn) |
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Filing 72
ORDER upon consideration of the Parties' Joint Motion for Leave to Amend the Joint Claim Construction Chart, it is hereby ORDERED that said Motion is GRANTED. The Parties may submit the Amended Joint Claim Construction Chart identified as Exhibit 1 in the Parties' Joint Motion for Leave to Amend the Joint Claim Construction chart. Signed by Honorable Robert D. Mariani on 1/16/15 (jfg)
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| Filing 71 BRIEF by Enovate Medical, LLC. Defendants' Joint Opening Claim Construction Brief, filed by Enovate Medical, LLC. (Attachments: #1 Exhibit(s) Table of Exhibits, #2 Exhibit(s) Exhbit A, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C, #5 Exhibit(s) Exhibit D, #6 Exhibit(s) Exhibit E, #7 Exhibit(s) Exhibit F, #8 Exhibit(s) Exhibit G, #9 Exhibit(s) Exhibit H, #10 Exhibit(s) Exhibit I, #11 Exhibit(s) Exhibit J, #12 Exhibit(s) Exhibit K, #13 Exhibit(s) Exhibit L, #14 Exhibit(s) Exhibit M, #15 Exhibit(s) Exhibit N, #16 Exhibit(s) Exhibit O, #17 Exhibit(s) Exhibit P, #18 Exhibit(s) Exhibit Q, #19 Exhibit(s) Exhibit R)(Montgomery, Bridget) |
| Filing 70 Joint MOTION to Amend/Correct the Joint Claim Construction Chart by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order Granting Joint Motion for Leave to Amend Joint Claim Construction Chart)(Forbis, Glenn) |
| Filing 69 by InterMetro Industries Corporation. InterMetro's Initial Claim Construction Brief. (Attachments: #1 Exhibit(s) Exhibit Table of Contents, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26)(Forbis, Glenn) |
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Filing 68
ORDER upon consideration of Plaintiffs Motion to Extend Word-Count Limit for Initial Claim Construction Briefs, it is hereby ORDERED that said Motion is GRANTED. InterMetro's Initial Claim Construction Brief and Defendants' joint Initial Claim Construction Brief shall each have no more than 15,000 words.Signed by Honorable Robert D. Mariani on 1/14/15 (jfg)
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| Filing 67 MOTION To Exceed Word Count Limit on Initial Claim Construction Briefs with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Motion to Exceed Word Count Limit)(Forbis, Glenn) |
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Filing 66
ORDER that the Parties' Joint Motion to Amend Contentions Relating to the Infringement and Validity of InterMetro's Patents is hereby GRANTED, as follows: (1) Leave to amend is hereby granted for InterMetro's Supplemental Infringement Contentions dated October 31,2014; (2) Leave to amend is hereby granted for Enovate's First Amended Invalidity Contentions and Enovate's First Amended Noninfringement Contentions dated December 12, 2014; and (3)InterMetro shall serve its response, if any, to Enovate's First Amended Invalidity Contentions by no later than January 19,2015. The Parties otherwise retain the ability to further amend their respective contentions after a Markman hearing, as set forth in the Court's initial case management Order (Doc. 47 <]II0 and 11), or for other good cause.Signed by Honorable Robert D. Mariani on 12/23/14 (jfg)
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| Filing 65 CERTIFICATE of Concurrence by InterMetro Industries Corporation re #63 Joint MOTION to Amend/Correct Contentions Relating to Infringement and Validity of InterMetro's Patents . (Forbis, Glenn) |
| Filing 64 by InterMetro Industries Corporation. Joint Claim Construction Chart. (Attachments: #1 Exhibit(s) 1 - Claim Chart)(Forbis, Glenn) |
| Filing 63 Joint MOTION to Amend/Correct Contentions Relating to Infringement and Validity of InterMetro's Patents by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion to Amend Contentions)(Forbis, Glenn) |
| Filing 62 REPLY BRIEF re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE FIRST AMENDED COMPLAINT filed by Enovate Medical, LLC. (Attachments: #1 Exhibit(s) Table of Contents of Exhibits, #2 Exhibit(s) Exhibit K, #3 Exhibit(s) Exhibit L, #4 Exhibit(s) Exhibit M)(Montgomery, Bridget) |
| Filing 61 BRIEF IN OPPOSITION re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE FIRST AMENDED COMPLAINT filed by InterMetro Industries Corporation. (Attachments: #1 Certificate of Word Count, #2 Exhibit Table of Contents, #3 Exhibit(s) 1 - Unpublished Case Law, #4 Exhibit(s) 2 - Unpublished Case Law, #5 Exhibit(s) 3 - Unpublished Case Law, #6 Exhibit(s) 4 - Unpublished Case Law, #7 Exhibit(s) 5 - Unpublished Case Law, #8 Exhibit(s) 6 - Unpublished Case Law, #9 Exhibit(s) 7 - Unpublished Case Law, #10 Exhibit(s) 8 - Unpublished Case Law, #11 Exhibit(s) 9 - Unpublished Case Law, #12 Exhibit(s) 10 - Unpublished Case Law, #13 Exhibit(s) 11 - Unpublished Case Law, #14 Exhibit(s) 12 - Unpublished Case Law, #15 Exhibit(s) 13 - Unpublished Case Law, #16 Exhibit(s) 14 - Unpublished Case Law, #17 Exhibit(s) 15 - Unpublished Case Law, #18 Exhibit(s) 16 - Unpublished Case Law, #19 Exhibit(s) 17 - Unpublished Case Law, #20 Exhibit(s) 18 - Unpublished Case Law, #21 Exhibit(s) 19 - Unpublished Case Law, #22 Exhibit(s) 20 - Unpublished Case Law, #23 Exhibit(s) 21 - Unpublished Case Law, #24 Exhibit(s) 22 - Unpublished Case Law, #25 Exhibit(s) 23 - Unpublished Case Law, #26 Exhibit(s) 24 - Unpublished Case Law, #27 Exhibit(s) 25 - Unpublished Case Law)(Forbis, Glenn) |
| Filing 60 STIPULATION to Exceed Word Count by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order to Exceed Word Count)(Forbis, Glenn) |
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Filing 59
ORDER In connection with the four cases listed above, counsel for Plaintiff InterMetro Industries Corporation and counsel for Defendants Capsa Solutions, LLC ("Capsa"); Enovate Medical, LLC ("Enovate Medical"); Ergotron, Inc. ("Ergotron"); and Howard Industries, Inc. d/b/a/ Howard Medical ("Howard") stipulate and agree to the extend the deadline for InterMetro to file a Brief in Opposition to each Defendant's Motion to Dismiss InterMetro's First Amended Complaint to on or before November 24, 2014 and to extend the deadline for each Defendant to file a Reply Brief in Support of its Motion to Dismiss to on or before December 18, 2014.Signed by Honorable Robert D. Mariani on 11/17/14. (jfg)
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| Filing 58 STIPULATION for Extension of Time by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order for Extension of Time)(Forbis, Glenn) |
| Filing 57 BRIEF IN SUPPORT re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE FIRST AMENDED COMPLAINT filed by Enovate Medical, LLC. (Attachments: #1 TABLE OF CONTENTS OF EXHIBITS, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J)(Montgomery, Bridget) |
| Filing 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE FIRST AMENDED COMPLAINT by Enovate Medical, LLC. (Attachments: #1 Proposed Order, #2 Proposed Order)(Montgomery, Bridget) |
| Filing 55 AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Enovate Medical, LLC, filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26, #28 Exhibit(s) 27, #29 Exhibit(s) 28, #30 Exhibit(s) 29)(Moustakas, George) |
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Filing 54
ORDER granting #53 Motion to Amend Scheduling Order. All other provisions of the May 8, 2014 Scheduling Order not modified by this Order shall remain in effect. SEE STIPULATED ORDER FOR DETAILS.Signed by Honorable Robert D. Mariani on 10/14/14 (ao)
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| Filing 53 Joint MOTION to Amend/Correct #50 Order on Motion to Amend/Correct,,,,,,,,, by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order Amending May 8, 2014 Scheduling Order)(Forbis, Glenn) |
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Filing 52
ORDER upon consideration of Defendant Enovate Medical LLC's Motion to Dismiss (Doc. 35), IT IS HEREBY ORDERED THAT: 1. The Motion to Dismiss (Doc. 35) is GRANTED. 2. Plaintiffs Direct and Indirect Infringement claims are DISMISSED WITH LEAVE TO AMEND. 3. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order to submit an Amended Complaint that cures the defects cited in the Court's Memorandum Opinion. Signed by Honorable Robert D. Mariani on 9/30/14 (jfg)
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| Filing 51 OMNIBUS MEMORANDUM OPINION - For the reasons discussed above, Capsa, Enovate, and Howard's Motions to Dismiss (3:13-CV-02853, Doc. 33; 3:13-CV-02854, Doc. 35; and 3:13-CV-02856, Doc. 29, respectively) are GRANTED. Separate Orders follow.Signed by Honorable Robert D. Mariani on 9/30/14. (jfg) |
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Filing 50
ORDER 1. Motions to amend the pleadings shall be filed no later than December 19, 2014. 2. Defendants shall serve their Invalidity Contentions by July 28, 2014. 3. Each Defendant shall serve its Non-Infringement Contentions by July 28, 2014. 4. Plaintiff shall serve its Validity Contentions by September 30,2014. 5. Motions to amend Infringement and Invalidity Contentions shall be filed no later than December 19, 2014. The parties shall serve responsive Non-Infringement and Validity Contentions within 30 days after such amendments.6. Parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction on October 9,2014. 7. Parties shall exchange their proposed construction of the term(s)/phrase(s) referenced in (6) identified by any party for construction by October 23, 2014. 8. Parties shall meet and prepare a Joint Claim Construction Chart to be filed on December 11,2014.9. Parties shall simultaneously file initial briefs on claim construction issues on January 15, 2015. 10. Parties shall simultaneously file answering/responsive claim construction briefs on February 19, 2015. 11. All fact discovery shall be commenced in time to be completed by September 4, 2015, or 90 days after issuance of the court's Claim Construction Order, whichever is later. 12. The party carrying the initial burden of proof on the subject matter shall disclose expert testimony no later than October 5, 2015, or 120 days after issuance of the court's Claim Construction Order, whichever is later. 13. Any rebuttal reports offered to contradict or rebut an opening expert report disclosed by another party are due by December 18, 2015, or 180 days after issuance of the court's Claim Construction Order, whichever is later. 14. All expert discovery shall be commenced in time to be completed by February 18, 2016, or 240 days after issuance of the court's Claim Construction Order, whichever is later. 15. All dispositive motions and Daubert motions shall be filed no later than March 22,2016, or 275 days after issuance of the court's Claim Construction Order, whichever is later. 16.Any provision of this Court's February 28 Scheduling Order not directly modified by the amendments above remains fully in effect. Signed by Honorable Robert D. Mariani on 5/8/14 (jfg)
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| Filing 49 Joint MOTION to Amend/Correct #47 Order,,,,,,,,,,,,, by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Entry of Stipulated Order Amending February 28 2014 Scheduling Order)(Forbis, Glenn) |
| Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Case Management Conference via Telephone held on 2/26/14 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/7/2014. Redacted Transcript Deadline set for 5/19/2014. Release of Transcript Restriction set for 7/15/2014. (cr) |
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Filing 47
ORDER 1. Motions to join additional parties shall be filed no later than April 24, 2014. 2. Motions to amend the pleadings shall be filed no later than October 27,2014. 3. Excluding experts, Plaintiff may take up to 231 hours of fact depositions and no more than 49 hours of fact depositions (including its current or former employees) of anyone Defendant. 4. Excluding experts, Defendants may collectively take up to 231 hours of fact depositions. 5.Plaintiff shall serve its Infringement Contentions on each Defendant by March27,2014. 6.Defendants shall serve their Invalidity Contentions by May 29,2014.7. Each Defendant shall serve its Non-Infringement Contentions by May 29,2014.8. Plaintiff shall serve its Validity Contentions by July 2,2014.9. Motions to amend Infringement and Validity Contentions shall be filed no later than October 27,2014. The parties shall serve responsive Non-Infringement and Validity Contentions within 30 days after such amendments.10. Plaintiff may further amend its Infringement Contentions within 30 days after issuance of the Markman Order to the extent that any such amendments are predicated on the Court's adoption of aconstruction for aclaim term that diffrs from Plaintiff's proposed construction. 11. Each Defendant may amend its Invalidity Contentions within 60 days after issuance of the Markman Order to the extent that any such amendments are predicated on the court's adoption of aconstruction for aclaim term that differs from the Defendants' proposed construction and/or within 30 days after any amendment or supplement by Plaintiff of InterMetro's Infringement Contentions. 12. Parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction on July 11, 2014. 13.Parties shall exchange their proposed construction of the terrn(s)/phrase(s)referenced in (13) identified by any party for construction by July 25,2014.14.Parties shall meet and prepare aJoint Claim Construction Chart to be filed on September 12, 2014.15.Parties shall simultaneously file initial briefs on claim construction issues on October 1, 2014.16.Parties shall simultaneously file answering/responsive claim construction briefs on October 31,2014.17.All fact discovery shall be commenced in time to be completed by June 1, 2015, or 90 days after issuance of the court's Claim Construction Order, whichever is later. 18.The party carrying the initial burden of proof on the subject matter shall disclose expert testimony no later than July 1, 2015, or 120 days after issuance of the court's Claim Construction Order, whichever is later.19.Any rebuttal reports offered to contradict or rebut an opening expert report disclosed by another party are due by August 27, 2015, or 180 days after issuance of the court's Claim Construction Order, whichever is later. 20.All expert discovery shall be commenced in time to be completed by October 29, 2015, or 240 days after issuance of the court's Claim Construction Order, whichever is later.21.All dispositive motions and Daubert motions shall be filed no later than December 3, 2015, or 275 days after issuance of the court's Claim Construction Order, whichever is later.Signed by Honorable Robert D. Mariani on 2/28/14. (jfg)
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| Filing 45 REPLY BRIEF re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Enovate Medical, LLC. (Attachments: #1 Table of Exhibits to Reply Brief, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G)(Montgomery, Bridget) |
| Filing 44 Letter from Glenn E. Forbis on behalf of all the parties regarding fact depositions. (Forbis, Glenn) |
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Filing 43
ORDER granting #40 Motion ESTABLISHING PROTOCOL FOR ELECTRONIC DISCOVERY. Signed by Honorable Robert D. Mariani on 2/26/14 (jfg)
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Filing 42
ORDER granting #39 Motion for Protective Order. Signed by Honorable Robert D. Mariani on 2/26/14 (jfg)
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| Filing 41 CASE MANAGEMENT PLAN (JOINT) by InterMetro Industries Corporation. (Attachments: #1 Appendix A - Stipulated Order Establishing Protocol for Electronic Discovery, #2 Appendix B - Stipulated Protective Order)(Forbis, Glenn) |
| Filing 40 Joint MOTION for Entry of Stipulated Order Establishing Protocol for Electronic Discovery by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Establishing Protocol for Electronic Discovery)(Forbis, Glenn) |
| Filing 39 Joint MOTION for Protective Order (Entry of) by InterMetro Industries Corporation. (Attachments: #1 Proposed Order for Stipulated Protective Order)(Forbis, Glenn) |
| Filing 38 BRIEF IN OPPOSITION re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) A - Unpublished Case Law, #3 Exhibit(s) B - Unpublished Case Law, #4 Exhibit(s) C - Unpublished Case Law, #5 Exhibit(s) D - Unpublished Case Law, #6 Exhibit(s) E - Unpublished Case Law, #7 Exhibit(s) F - Unpublished Case Law, #8 Exhibit(s) G - Unpublished Case Law, #9 Exhibit(s) H - Unpublished Case Law, #10 Exhibit(s) I - Unpublished Case Law, #11 Exhibit(s) J - Unpublished Case Law)(Forbis, Glenn) |
| Filing 37 DEMAND for Trial by Jury by Enovate Medical, LLC. (Montgomery, Bridget) |
| Filing 36 BRIEF IN SUPPORT re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Enovate Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Montgomery, Bridget) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Enovate Medical, LLC. (Attachments: #1 Proposed Order)(Montgomery, Bridget) |
| Filing 34 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Enovate Medical, LLC. (Montgomery, Bridget) |
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Filing 33
ORDER granting all #19 , #21 , #30 , #31 Motions to Withdraw as Attorney. Dale M. Heist and John Frank Murphy terminated; Signed by Honorable Robert D. Mariani on 1/8/2014 (rm)
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Filing 32
ORDER re #29 Petition for Special Admission - Pro Hac Vice filed by Enovate Medical, LLC Special Admission granted for Adam Marks. Signed by Honorable Robert D. Mariani on 1/8/14. (jfg)
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| DOCKET ANNOTATION: Verified status of Attorney Adam Marks as active with the Connecticut State bar. (lh) |
| Filing 31 MOTION to Withdraw as Attorney with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Murphy, John) |
| Filing 30 MOTION to Withdraw as Attorney with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Heist, Dale) |
| Filing 29 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Bridget E. Montgomery on behalf of Enovate Medical, LLC Attorney Adam Marks is seeking special admission. Filing fee $ 50, receipt number 0314-2980031.. (Montgomery, Bridget) |
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Filing 28
ORDER granting #27 Motion to Withdraw as Attorney. Attorney Michael N. Onufrak terminated Signed by Honorable Robert D. Mariani on 1/3/14 (lh)
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| Filing 27 MOTION to Withdraw as Attorney by Enovate Medical, LLC.(Onufrak, Michael) |
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Filing 26
ORDER: Case Management Conference set for 2/26/2014 11:00 AM in Scranton before Honorable Robert D. Mariani.Signed by Honorable Robert D. Mariani on 1/2/14. (jfg)
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Filing 25
ORDER re #20 Petition for Special Admission - Pro Hac Vice, filed by Enovate Medical, LLC Special Admission granted for Kevin J. McEleney.Signed by Honorable Robert D. Mariani on 12/30/13. (jfg)
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Filing 24
ORDER re #22 Petition for Special Admission - Pro Hac Vice, filed by Enovate Medical, LLC Special Admission granted for Richard S. Order. Signed by Honorable Robert D. Mariani on 12/30/13. (jfg)
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| Filing 23 NOTICE of Appearance by Bridget E. Montgomery on behalf of Enovate Medical, LLC. (Montgomery, Bridget) |
| Filing 22 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Michael N. Onufrak on behalf of Enovate Medical, LLC Attorney Richard S. Order is seeking special admission. Filing fee $ 50, receipt number 0314-2971934., filed by on behalf of Enovate Medical, LLC.(Onufrak, Michael) |
| Filing 21 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Murphy, John) |
| Filing 20 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Michael N. Onufrak on behalf of Enovate Medical, LLC Attorney Kevin J. McEleney is seeking special admission. Filing fee $ 50, receipt number 0314-2971695., filed by on behalf of Enovate Medical, LLC.(Onufrak, Michael) |
| Filing 19 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Heist, Dale) |
| Filing 18 NOTICE of Appearance by Harvey Freedenberg on behalf of InterMetro Industries Corporation (Freedenberg, Harvey) |
| Filing 17 NOTICE of Appearance by Shawn K. Leppo on behalf of InterMetro Industries Corporation (Leppo, Shawn) |
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Filing 16
ORDER granting Defendant Enovate Medical, LLC's #15 Motion to Extend Time to answer complaint to and including January 24, 2014. Signed by Honorable Robert D. Mariani on 12/19/13 (ts)
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| Filing 15 MOTION for Extension of Time to to Plead by Enovate Medical, LLC.(Onufrak, Michael) |
| Filing 14 NOTICE of Appearance by Michael N. Onufrak on behalf of Enovate Medical, LLC (Onufrak, Michael) |
| Filing 13 NOTICE of Appearance by John Frederick Murphy on behalf of InterMetro Industries Corporation (Murphy, John) |
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Filing 12
ORDER re #9 Petition for Special Admission - Pro Hac Vice filed by InterMetro Industries Corporation Special Admission granted for Neal Sanborn.Signed by Honorable Robert D. Mariani on 12/6/13. (jfg)
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Filing 11
ORDER re #7 Petition for Special Admission - Pro Hac Vice filed by InterMetro Industries Corporation Special Admission granted for Geroge Moustakas. Signed by Honorable Robert D. Mariani on 12/6/13. (jfg)
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Filing 10
ORDER re #8 Petition for Special Admission - Pro Hac Vice filed by InterMetro Industries Corporation Special Admission granted for Glenn Forbis.Signed by Honorable Robert D. Mariani on 12/6/13. (jfg)
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| Filing 9 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Neal D Sanborn on behalf of InterMetro Industries Corporation Attorney Neal D. Sanborn is seeking special admission. Filing fee $ 50, receipt number 0314-2956271.. (Sanborn, Neal) |
| Filing 8 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Glenn E Forbis on behalf of InterMetro Industries Corporation Attorney Glenn E. Forbis is seeking special admission. Filing fee $ 50, receipt number 0314-2956224.. (Forbis, Glenn) |
| Filing 7 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by George D Moustakas on behalf of InterMetro Industries Corporation Attorney George D. Moustakas is seeking special admission. Filing fee $ 50, receipt number 0314-2956201.. (Moustakas, George) |
| DOCKET ANNOTATION: Attys George Moustakas, Glenn E. Forbis and Neal D. Sanborn in good standing with Michigan State Bar (ts) |
| Filing 6 SUMMONS Returned Executed by InterMetro Industries Corporation. (Heist, Dale) |
| Filing 5 LETTER - The above-referenced action has been assigned to me. To ensure that the Case Management Conference is conducted in a timely manner, you are directed to file a written report within thirty (30) days as to whether service has been effected or a waiver of service obtained. The report will not be required if an affidavit of service has been filed within that time period. In addition, you are advised to refrain from entering into agreements for extensions of time for filing an answer or other responsive pleading to the complaint without court approval.Signed by Honorable Robert D. Mariani on 11/25/13. (jfg) |
| SPECIAL ADMISSION FORM SENT to Neal Sanborn, George Moustakas, Glenn Forbis and John Murphy. (pjr) |
| Filing 4 Summons Issued as to Enovate Medical, LLC and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (ts) |
| Filing 3 REPORT to Commissioner of filing or determination of an actionPATENT. (ts) |
| Filing 2 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by InterMetro Industries Corporation identifying Corporate Parent Emerson Electric Co. for InterMetro Industries Corporation. (ts) |
| Filing 1 COMPLAINT against Enovate Medical, LLC ( Filing fee $400, Receipt Number 2945672), filed by InterMetro Industries Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Index)(ts) |
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