KONINKLIJKE PHILIPS ELECTRONICS N.V. et al v. ZOLL LIFECOR CORPORATION
Plaintiff: PHILIPS NORTH AMERICA LLC and KONINKLIJKE PHILIPS N.V.
Defendant: ZOLL LIFECOR CORPORATION
Special Master: GALE R. PETERSON
Case Number: 2:2012cv01369
Filed: September 21, 2012
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: XX US, Outside State
Presiding Judge: Nora Barry Fischer
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on January 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2019 Opinion or Order Update Unseal Document Deadline: re #159 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #180 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #70 Sealed Document filed by ZOLL LIFECOR CORPORATION, #760 Sealed Document filed by ZOLL LIFECOR CORPORATION, #676 Sealed Document filed by ZOLL LIFECOR CORPORATION, #286 Sealed Document filed by ZOLL LIFECOR CORPORATION, #739 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #239 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #571 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #769 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #158 Sealed Document filed by ZOLL LIFECOR CORPORATION, #613 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #617 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #673 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #366 Sealed Document,, filed by ZOLL LIFECOR CORPORATION, #557 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #558 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #181 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #504 Sealed Document filed by ZOLL LIFECOR CORPORATION, #616 Sealed Document filed by ZOLL LIFECOR CORPORATION, #650 Sealed Document, filed by PHILIPS NORTH AMERICA LLC, #58 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #496 Sealed Document,, filed by ZOLL LIFECOR CORPORATION, #64 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #271 Sealed Document filed by ZOLL LIFECOR CORPORATION, #83 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #508 Sealed Document filed by ZOLL LIFECOR CORPORATION, #499 Sealed Document filed by ZOLL LIFECOR CORPORATION, #547 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #618 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #501 Sealed Document filed by ZOLL LIFECOR CORPORATION, #411 Sealed Document filed by ZOLL LIFECOR CORPORATION, #507 Sealed Document filed by ZOLL LIFECOR CORPORATION, #377 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #277 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #549 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #87 Sealed Document filed by ZOLL LIFECOR CORPORATION, #506 Sealed Document filed by ZOLL LIFECOR CORPORATION, #548 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #556 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #287 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #221 Sealed Document, filed by PHILIPS NORTH AMERICA LLC, #560 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #669 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. Unseal Document set for 1/11/2021. (jd)
January 16, 2019 Opinion or Order Update Unseal Document Deadline: re #180 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #70 Sealed Document filed by ZOLL LIFECOR CORPORATION, #286 Sealed Document filed by ZOLL LIFECOR CORPORATION, #334 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #697 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #561 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #493 Sealed Document filed by ZOLL LIFECOR CORPORATION, #642 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #558 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #119 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #555 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #610 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #318 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #678 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #553 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #487 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #650 Sealed Document, filed by PHILIPS NORTH AMERICA LLC, #497 Sealed Document filed by ZOLL LIFECOR CORPORATION, #486 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #64 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #618 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #569 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #607 Sealed Document filed by ZOLL LIFECOR CORPORATION, #611 Sealed Document filed by ZOLL LIFECOR CORPORATION, #550 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #549 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #87 Sealed Document filed by ZOLL LIFECOR CORPORATION, #304 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #319 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #552 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #566 Sealed Document filed by ZOLL LIFECOR CORPORATION, #506 Sealed Document filed by ZOLL LIFECOR CORPORATION, #649 Sealed Document, filed by PHILIPS NORTH AMERICA LLC, #554 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #495 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #644 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #491 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #710 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #221 Sealed Document, filed by PHILIPS NORTH AMERICA LLC, #672 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #564 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #488 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #669 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #159 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #231 Sealed Document filed by PHILIPS NORTH AMERICA LLC, #502 Sealed Document filed by ZOLL LIFECOR CORPORATION, #648 Sealed Document, filed by PHILIPS NORTH AMERICA LLC, #676 Sealed Document filed by ZOLL LIFECOR CORPORATION, #563 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #739 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #303 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #571 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #769 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #756 Sealed Document filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #601 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #498 Sealed Document filed by ZOLL LIFECOR CORPORATION, #641 Sealed Document filed by ZOLL LIFECOR CORPORATION, #617 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #557 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #700 Sealed Document filed by ZOLL LIFECOR CORPORATION, #671 Sealed Document filed by ZOLL LIFECOR CORPORATION, #679 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #616 Sealed Document filed by ZOLL LIFECOR CORPORATION, #309 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #58 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #503 Sealed Document filed by ZOLL LIFECOR CORPORATION, #496 Sealed Document,, filed by ZOLL LIFECOR CORPORATION, #508 Sealed Document filed by ZOLL LIFECOR CORPORATION, #647 Sealed Document, filed by PHILIPS NORTH AMERICA LLC, #500 Sealed Document filed by ZOLL LIFECOR CORPORATION, #501 Sealed Document filed by ZOLL LIFECOR CORPORATION, #507 Sealed Document filed by ZOLL LIFECOR CORPORATION, #612 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #609 Sealed Document filed by ZOLL LIFECOR CORPORATION, #341 Sealed Document filed by ZOLL LIFECOR CORPORATION, #604 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #567 Sealed Document filed by ZOLL LIFECOR CORPORATION, #709 Sealed Document filed by ZOLL LIFECOR CORPORATION, #490 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #699 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #556 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #568 Sealed Document filed by ZOLL LIFECOR CORPORATION, #602 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #551 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #494 Sealed Document filed by ZOLL LIFECOR CORPORATION, #562 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #768 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #606 Sealed Document, filed by ZOLL LIFECOR CORPORATION, #560 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #492 Sealed Document filed by ZOLL LIFECOR CORPORATION, #335 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, #600 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. Unseal Document set for 1/15/2039. (jd)
December 13, 2018 Opinion or Order NOTICE to Counsel re Sealed Documents - In accordance with this Courts ECF Policies and Procedures, and the appeal time having expired, all sealed documents filed in the above referenced case that were not designated as being permanently sealed or the court having provided a specific date for unsealing, will be unsealed and made publicly available through the ECF system. If the documents should remain sealed, you must file a motion and order (Using the Motion to Continue Seal event) at (Misc. No. 13-69 (2:13-mc-69)) that states with specificity the reason(s) why the seal must continue, and a proposed date by which counsel suggests the seal should be lifted. A copy of this notice (NEF) must be attached to the motion. Service of the motion will not be made on opposing counsel through the ECF system. It is the filer's responsibility to make service of the motion on counsel of record. Said motion must be filed within 14 days of the entry of this notice. The sealed documents are: #231 Sealed Document, #648 Sealed Document, #180 Sealed Document, #603 Sealed Document, #563 Sealed Document, #739 Sealed Document, #334 Sealed Document, #303 Sealed Document, #239 Sealed Document, #697 Sealed Document, #769 Sealed Document, #756 Sealed Document, #601 Sealed Document, #489 Sealed Document, #559 Sealed Document, #561 Sealed Document, #557 Sealed Document, #645 Sealed Document, #558 Sealed Document, #119 Sealed Document, #555 Sealed Document, #318 Sealed Document, #181 Sealed Document, #553 Sealed Document, #487 Sealed Document, #650 Sealed Document, #486 Sealed Document, #64 Sealed Document, #83 Sealed Document, #647 Sealed Document, #547 Sealed Document, #277 Sealed Document, #604 Sealed Document, #550 Sealed Document, #549 Sealed Document, #304 Sealed Document, #319 Sealed Document, #552 Sealed Document, #649 Sealed Document, #554 Sealed Document, #548 Sealed Document, #490 Sealed Document, #491 Sealed Document, #710 Sealed Document, #699 Sealed Document, #556 Sealed Document, #221 Sealed Document, #602 Sealed Document, #605 Sealed Document, #551 Sealed Document, #646 Sealed Document, #562 Sealed Document, #768 Sealed Document, #560 Sealed Document, #335 Sealed Document, #564 Sealed Document, #488 Sealed Document, #669 Sealed Document, #600 Sealed Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. Motion to Continue Seal due by 12/27/2018. (tt)
December 13, 2018 Opinion or Order NOTICE to Counsel re Sealed Documents - In accordance with this Courts ECF Policies and Procedures, and the appeal time having expired, all sealed documents filed in the above referenced case that were not designated as being permanently sealed or the court having provided a specific date for unsealing, will be unsealed and made publicly available through the ECF system. If the documents should remain sealed, you must file a motion and order (Using the Motion to Continue Seal event) at (Misc. No. 13-69 (2:13-mc-69)) that states with specificity the reason(s) why the seal must continue, and a proposed date by which counsel suggests the seal should be lifted. A copy of this notice (NEF) must be attached to the motion. Service of the motion will not be made on opposing counsel through the ECF system. It is the filer's responsibility to make service of the motion on counsel of record. Said motion must be filed within 14 days of the entry of this notice. The sealed documents are: #159 Sealed Document, #502 Sealed Document, #505 Sealed Document, #70 Sealed Document, #760 Sealed Document, #676 Sealed Document, #286 Sealed Document, #571 Sealed Document, #608 Sealed Document, #158 Sealed Document, #677 Sealed Document, #613 Sealed Document, #498 Sealed Document, #641 Sealed Document, #617 Sealed Document, #673 Sealed Document, #366 Sealed Document,, #493 Sealed Document, #642 Sealed Document, #700 Sealed Document, #610 Sealed Document, #678 Sealed Document, #671 Sealed Document, #679 Sealed Document, #504 Sealed Document, #616 Sealed Document, #309 Sealed Document, #497 Sealed Document, #58 Sealed Document, #503 Sealed Document, #496 Sealed Document,, #271 Sealed Document, #508 Sealed Document, #499 Sealed Document, #618 Sealed Document, #569 Sealed Document, #501 Sealed Document, #500 Sealed Document, #411 Sealed Document, #614 Sealed Document, #507 Sealed Document, #377 Sealed Document, #612 Sealed Document, #607 Sealed Document, #609 Sealed Document, #341 Sealed Document, #611 Sealed Document, #87 Sealed Document, #567 Sealed Document, #566 Sealed Document, #709 Sealed Document, #506 Sealed Document, #495 Sealed Document, #644 Sealed Document, #615 Sealed Document, #570 Sealed Document, #568 Sealed Document, #287 Sealed Document, #672 Sealed Document, #494 Sealed Document, #606 Sealed Document, #492 Sealed Document, #675 Sealed Document, filed by ZOLL LIFECOR CORPORATION. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. Motion to Continue Seal due by 12/27/2018. (tt)
January 2, 2018 Opinion or Order Filing 778 NOTIFICATION of Decision sent to Commissioner of Patents and Trademarks re #777 Order, Terminate Civil Case. (Attachments: #1 Order Granting Stipulation of Dismissal) (jsp)
December 21, 2017 Opinion or Order Filing 777 ORDER granting #776 Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41, and without costs, disbursements, or attorneys' fees to any party. Signed by Judge Nora Barry Fischer on 12/21/17. (jg)
December 21, 2017 Opinion or Order Filing 776 STIPULATION of Dismissal With Prejudice by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara)
December 19, 2017 Opinion or Order Filing 775 ORDER indicating that upon consideration of the parties' Joint Status Report #774 , it is hereby ordered that the parties shall either file a stipulated dismissal or further joint status report by 12/27/17; The Court and Special Master will hold any rulings or recommendations on pending motions or other matters through 12/27/17; The deadline to object or otherwise respond to Special Master Peterson's Report and Recommendation filed on 9/12/17 is extended until 1/25/18. Signed by Judge Nora Barry Fischer on 12/19/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
December 18, 2017 Opinion or Order Filing 774 JOINT STATUS REPORT by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara) Modified on 12/20/2017. (jsp)
November 28, 2017 Opinion or Order Filing 773 ORDER indicating that upon consideration of the parties' Joint Status Report #772 , it is hereby ordered that the parties shall either file a stipulated dismissal or further joint status report by 12/18/17; The Court and Special Master will hold any rulings or recommendations on pending motions or other matters through 12/18/17; The deadline to object or otherwise respond to Special Master Peterson's Report and Recommendation filed on 9/12/17 is extended until 1/16/18. Signed by Judge Nora Barry Fischer on 11/28/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
November 28, 2017 Opinion or Order Filing 772 JOINT STATUS REPORT by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara) Modified on 11/29/2017. (jsp)
November 6, 2017 Opinion or Order Filing 771 ORDER indicating that upon consideration of the parties' Joint Status Report #770 , it is hereby ordered that the parties shall either file a stipulated dismissal or further joint status report by 11/28/17; The Court and Special Master will hold any rulings or recommendations on pending motions or other matters through 11/28/17; The deadline to object or otherwise respond to Special Master Peterson's Report and Recommendation filed on 9/12/17 is extended until 12/21/17. Signed by Judge Nora Barry Fischer on 11/6/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
November 3, 2017 Opinion or Order Filing 770 JOINT STATUS REPORT by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/6/2017. (jsp)
October 24, 2017 Opinion or Order Filing 769 SEALED DOCUMENT (Exhibit A re Additional Testimony of Jack Richbourg) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. This document Sealed pursuant to #762 Order on Motion for Leave to File Documents Under Seal. (jsp)
October 24, 2017 Opinion or Order Filing 768 SEALED DOCUMENT (Response) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. This document Sealed pursuant to #762 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (jsp) Modified on 10/24/2017. (jsp)
October 20, 2017 Opinion or Order Filing 767 REDACTION to #766 Addendum in Support Exhibit A to Philips' Submission of Additional Testimony of Jack Richbourg by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara)
October 20, 2017 Opinion or Order Filing 766 Addendum by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC in Support. (Attachments: #1 Exhibit B, #2 Exhibit C) (DeCourcy, Dara)
October 20, 2017 Opinion or Order Filing 765 REDACTION to #752 Order on Motion for Order to Show Cause, Response to Show Cause Order by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (DeCourcy, Dara)
October 20, 2017 Opinion or Order Filing 764 MEMORANDUM OPINION in support of the Court's Order #752 granting ZOLL Lifecor Corporation's Motion for Show Cause Order Regarding Post-Daubert Damages. Signed by Judge Nora Barry Fischer on 10/20/2017. (sks)
October 20, 2017 Opinion or Order Filing 763 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re oral argument held on October 13, 2017, before Judge Nora Barry Fischer. Court Reporter Shirley Hall, e-mail shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 10/27/2017. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (sah)
October 19, 2017 Opinion or Order Filing 762 ORDER granting #761 Plaintiff's Motion for Leave to File Documents Under Seal; Plaintiffs may file under seal file under seal their statement of damages claimed, exhibits to the statement and the additional deposition of Jack Richbourg that contain Confidential Information. The unredacted versions of the statement of damages claimed, exhibits to the statement and the additional deposition of Jack Richbourg that contain Confidential informationshall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 10/19/17. (jg)
October 19, 2017 Opinion or Order Filing 761 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
October 17, 2017 Opinion or Order Filing 760 SEALED DOCUMENT by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to 758 Order dated 10/17/2017 on Motion for Leave to File Documents Under Seal. (jsp)
October 17, 2017 Opinion or Order Filing 759 REDACTION to Deposition Transcript of Jack Richbourg by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1) (McPhie, David)
October 17, 2017 Opinion or Order Filing 758 ORDER granting #757 Defendant's Motion for Leave to File Document Under Seal; ZOLL Lifecor Corporation ("ZOLL Lifecor") may file under seal the deposition transcript of Jack Richbourg. The unredacted version of the deposition transcript shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 10/17/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
October 17, 2017 Opinion or Order Filing 757 Unopposed MOTION for Leave to File Documents Under Seal Regarding Deposition Transcript by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
October 16, 2017 Opinion or Order Filing 756 SEALED DOCUMENT (Confidential PowerPoint Presentation) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. This document Sealed pursuant to #754 Order on Motion for Leave to File Documents Under Seal. (ksa)
October 16, 2017 Opinion or Order Filing 755 REDACTION to #745 Sur-Reply PowerPoint and Slide Presented in Support of Opposition to Defendant's Motion for Show Cause Order by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit, #2 Exhibit) (DeCourcy, Dara)
October 16, 2017 Opinion or Order Filing 754 ORDER granting #753 Plaintiffs' Unopposed Motion for Leave to File Documents Under Seal Regarding PowerPoint Presentation; Plaintiffs may file under seal its PowerPoint presentation submitted during argument on Zoll Lifecor Corporation's Motion for Order to Show Cause Regarding Post-Daubert Damages(Doc.724) that contains Confidential Information. The unredacted version of the presentation that contains Confidential Information shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 10/16/17. (jg)
October 16, 2017 Opinion or Order Filing 753 Unopposed MOTION for Leave to File Documents Under Seal Regarding PowerPoint Presentation by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
October 13, 2017 Opinion or Order Filing 752 ORDER indicating that upon consideration of ZOLL Lifecor Corporation's Motion for Show Cause Order Regarding Post- Daubert Damages #724 , related briefing (Docket Nos. #738 , #742 , #745 , #748 ), and oral argument on 10/13/17, it is hereby ordered that said Motion is granted. Plaintiffs are ordered to identify the amount and evidentiary basis of record, and/or whether the record requires supplementation, for any damages claim that Plaintiffs believe may have survived this Court's Memorandum Order and Opinion regarding the parties' Daubert Motions #718 , on or before 10/20/177 at 5:00 pm EST. Opinion to follow. Signed by Judge Nora Barry Fischer on 10/13/17. (jg)
October 13, 2017 Opinion or Order Filing 751 Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing held on 10/13/2017 re #724 Defendant's Motion for Order to Show Cause Regarding Post-Daubert Damages (details of proceedings more fully stated in memo). (Court Reporter: S.Hall) (jg)
October 5, 2017 Opinion or Order Filing 750 ORDER indicating that the parties having filed a Joint Status Report #749 . it is hereby ordered that oral argument is scheduled for 10/13/17 at 9:00 a.m. in Courtroom 5B; that, for good cause shown, the parties shall conclude their current settlement negotiations by 11/3/17; that the parties shall file a Joint Status Report setting forth the status of their negotiations by 11/7/17; In light of the above, the parties' time period to file objections to Special Master Gale R. Peterson's Report and Recommendation filed on 9/12/17 is hereby extended until 11/28/17. Signed by Judge Nora Barry Fischer on 10/5/17. (jg)
October 4, 2017 Opinion or Order Filing 749 JOINT STATUS REPORT by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 10/5/2017. (jsp)
October 2, 2017 Opinion or Order Filing 748 Sur-Reply in support re #724 Motion for Order to Show Cause Regarding Post-Daubert Damages, filed by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 10/3/2017. (jsp)
September 29, 2017 Opinion or Order Filing 747 ORDER indicating that that the parties shall continue to engage in their settlement negotiations, as reflected in said report and on the telephone; that the parties shall conclude their current settlement negotiations by 10/27/17; that the parties shall file a Joint Status Report setting forth the status of their negotiations by 10/30/17; In light of the above, the parties' time period to file objections to Special Master Gale R. Peterson's Report and Recommendation filed on 9/12/17, is hereby extended until 11/15/17; As to the briefing of Defendant's Motion for an Order to Show Cause Regarding Post-Daubert Damages, Defendant shall file a sur-reply to Plaintiffs' sur-reply by the close of business on 10/2/17; that by the close of business on 10/4/17, the parties shall file a Joint Status Report stating whether oral argument is requested. In the interim, the Court will hold 10/13/17 at 9:00 a.m. as a potential date for oral argument. Signed by Judge Nora Barry Fischer on 9/29/17. (jg)
September 29, 2017 Opinion or Order Filing 746 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 9/28/17 (details more fully stated in memo); An appropriate Order follows. (Court Reporter: None) (jg)
September 28, 2017 Opinion or Order Filing 745 Sur-Reply to Zoll's Motion to Show Cause re #742 Reply Brief, filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara)
September 28, 2017 Opinion or Order Filing 744 ORDER granting #743 Plaintiff's Motion for Leave to File Surreply to #724 Zoll's Motion to Show Cause; Said Surreply is due by 10/12/17. Signed by Judge Nora Barry Fischer on 9/28/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
September 28, 2017 Opinion or Order Filing 743 MOTION for Leave to File Surreply to Zoll's #724 Motion to Show Cause by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) (DeCourcy, Dara) Modified on 9/29/2017. (jsp)
September 27, 2017 Opinion or Order Filing 742 REPLY BRIEF ("Reply") re #724 Motion for Order to Show Cause Regarding Post-Daubert Damages filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (McPhie, David) Modified on 9/28/2017. (jsp)
September 27, 2017 Opinion or Order Filing 741 JOINT STATUS REPORT (See Dkt. #728 ) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Stewart, George) Modified on 9/28/2017. (jsp)
September 26, 2017 Opinion or Order Filing 740 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Telephonic Conference held on September 6, 2017 before Judge Nora Barry Fischer. Court Reporter Karen M. Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 10/3/2017. Redaction Request due 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (kme)
September 20, 2017 Opinion or Order Filing 739 SEALED DOCUMENT (Response to Motion to Show Cause) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. This document Sealed pursuant to #737 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E) (jsp)
September 20, 2017 Opinion or Order Filing 738 RESPONSE to Motion re #724 MOTION for Order to Show Cause Regarding Post-Daubert Damages filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (DeCourcy, Dara)
September 20, 2017 Opinion or Order Filing 737 ORDER granting #736 Plaintiffs' Motion for Leave to File Documents Under Seal. Plaintiffs may file under seal their Response to Zoll Lifecor Corporation's Motion for Order to Show Cause Regarding Post-Daubert Damages #724 and exhibits that contain Confidential Information. The unredacted versions of the Response and exhibits that contain Confidential Information shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 9/20/17. (jg)
September 20, 2017 Opinion or Order Filing 736 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
September 20, 2017 Opinion or Order Filing 735 ORDER granting #734 Joint Motion to Modify Schedule. The deadline to file objections or otherwise respond to the Special Master's Report and Recommendation #733 is moved to 10/30/17. Signed by Judge Nora Barry Fischer on 9/20/17. (jg) Modified on 9/20/2017. (jsp)
September 19, 2017 Opinion or Order Filing 734 Joint MOTION to Modify Schedule by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 9/20/2017. (jsp)
September 12, 2017 Opinion or Order Filing 733 SPECIAL MASTER REPORT AND RECOMMENDATION on ZLC's Summary Judgment Motions #468 , #471 , #474 , #477 , #480 , by GALE R. PETERSON. (Peterson, Gale) Modified on 9/14/2017. (jsp)
September 11, 2017 Opinion or Order Filing 732 ORDER granting #731 MOTION to Withdraw Appearance of Counsel filed by ZOLL LIFECOR CORPORATION; Attorney Robert L. Wagner terminated as counsel of record for Zoll Lifecor Corporation. Signed by Judge Nora Barry Fischer on 9/11/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
September 11, 2017 Opinion or Order Filing 731 MOTION to Withdraw Appearance of Robert L. Wagner by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Sneath, Henry) Modified on 9/13/2017. (jsp)
September 7, 2017 Opinion or Order Filing 730 Proposed Order re #724 Motion for Order to Show Cause Regarding Post-Daubert Damages by ZOLL LIFECOR CORPORATION. (McPhie, David)
September 7, 2017 Opinion or Order Filing 729 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephone Conference with Special Master Peterson held on 9/7/17 regarding the status of the Report and Recommendation as to the pending Motions for Summary Judgment. (Court Reporter: None) (jg)
September 6, 2017 Opinion or Order Filing 728 ORDER indicating that the parties shall provide the Court with a Joint Status Report setting forth their settlement proposals in this matter by 9/27/17. A Telephonic Status Conference is scheduled for 9/28/17 at 5:00 p.m. The parties shall call 1-888-363-4749 and use the access code 9215722 to join the teleconference. A Court Reporter is not necessary. Signed by Judge Nora Barry Fischer on 9/6/17. (jg)
September 6, 2017 Opinion or Order Filing 727 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 9/6/17 (details of proceeding more fully stated in memo). (Court Reporter: K. Earley) (jg)
September 6, 2017 Opinion or Order Filing 726 NOTICE of Appearance by Amber L. Reiner on behalf of ZOLL LIFECOR CORPORATION. (Reiner, Amber)
September 6, 2017 Opinion or Order Set Response: Response to Motion Deadlines. Response to #724 Motion due by 9/20/2017 (jsp)
September 5, 2017 Opinion or Order Filing 725 ORDER indicating that Defendant having filed a Motion for an Order to Show Cause Regarding Post-Daubert Damages, it is hereby ordered that Plaintiff shall respond by September 20, 2017. Signed by Judge Nora Barry Fischer on 9/5/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sks)
September 5, 2017 Opinion or Order Filing 724 MOTION for Order to Show Cause Regarding Post-Daubert Damages by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (McPhie, David)
September 5, 2017 Opinion or Order Filing 723 JOINT STATUS REPORT Regarding Other Litigation by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara) Modified on 9/6/2017. (jsp)
August 29, 2017 Opinion or Order Filing 722 ORDER indicating that the Court having scheduled a telephonic status conference for September 6, 2017, it is hereby ordered that the parties shall file a Joint Status Report on all of their litigations by Septembers 5, 2017, at 12:00 p.m. Signed by Judge Nora Barry Fischer on 8/29/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sks)
August 29, 2017 Opinion or Order Filing 721 ORDER indicating that the parties having filed a Joint Status Report #72 , it is hereby ordered that a Telephonic Status Conference is scheduled for 9/6/17 at 9:00 a.m. The parties shall call 1-888-363-4749 and use the access code 9215722 to join the teleconference. Signed by Judge Nora Barry Fischer on 8/29/17. (jg)
August 28, 2017 Opinion or Order Filing 720 JOINT STATUS REPORT by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (DeCourcy, Dara) Modified on 8/29/2017. (jsp)
August 16, 2017 Opinion or Order Filing 719 ORDER indicating that a verdict having been reached on 8/3/17, in Case No. 1:10-CV-11041 (D. Mass), it is hereby ordered that the parties shall provide the Court with a Joint Status Report as to the status of alternative dispute resolution, any settlement conference, and the parties' negotiations since the last mediation session with Edward Infante #437 by 8/28/17. As settlement negotiations are confidential, the Courts inquiry is directed to the date(s) and participants in such efforts, as well as issues which have prohibited resolution to date. Signed by Judge Nora Barry Fischer on 8/16/17. (jg)
July 25, 2017 Opinion or Order Filing 718 MEMORANDUM OPINION & ORDER indicating that, for reasons stated within,: 1. Koninklijke Philips's Motion to Exclude the Testimony of Mark J. Chandler #462 is denied, without prejudice to later filing a motion in limine; 2. Koninklijke Philips's Motion to Exclude the Testimony of Dr. Sandor Kovacs #449 is denied, without prejudice to later filing a motion in limine.; 3. Koninklijke Philips's Motion to Exclude the Testimony of Dr. Wayne McDaniel #459 is denied, with the caution that to the extent that Dr. McDaniel and Dr. Ronald Berger offer the same opinions based on the same underlying evidence, the testimony of one of those experts would be excluded at trial as being "needless," "cumulative testimony" under Federal Rule of Evidence 403: a. To the extent that Drs. McDaniel and Berger rely on differing lines of evidence to reach their conclusions, such that their testimony is complementary rather than redundant, the Court will allow such testimony; b. ZOLL LifeCor is directed to coordinate the testimony on direct examination to avoid unnecessary duplication and cumulative evidence, pursuant to Federal Rule of Evidence 403; 4. ZOLL LifeCor's Motion to Exclude the Testimony of Dr. John P. Freese #452 is denied, as follows: a. With respect to "patient compliance issues," ZOLL LifeCor's Motion is denied, without prejudice to later filing a motion in limine; b. With respect to the "clinical value of external defibrillators" issue, ZOLL LifeCor's Motion is denied, but Koninklijke Philips is directed to limit Dr. Freese's direct testimony to the "opinions" on this topic within the "four corners" of paragraphs 30-35 of Dr. Freese's report based on Dr. Freese's "personal experience;" 5. ZOLL LifeCor's Motion to Exclude the Testimony of Mr. John Jarosz #453 is granted, in part, and denied, in part, as follows: a. The discussion of an alleged reduction in the cost of producing the accused products is excluded; b. The 50% apportionment rate as expressed in footnote 359 of Mr. Jarosz's report is excluded; c. The discussion of the importance of the patents-at-issue, Mr. Jarosz's conversation with Dr. Patrick Wolf, and the patented features being a "significant driver" of the "majority of" the value of the WCD 3000 are excluded; d. ZOLL LifeCor's Motion is denied in all other respects; 6. ZOLL LifeCor's Motion to Exclude the Testimony of Dr. Patrick Wolf #454 , is granted, in part, and denied, in part, as follows: a. ZOLL LifeCor's Motion is denied to the extent that it seeks to exclude Dr. Wolf's testimony based on his reports; b. ZOLL LifeCor's Motion is granted solely with respect to Mr. Jarosz's statement in the paragraph bridging pages 64 and 65 of his report, beginning "Furthermore." c. ZOLL LifeCor's Motion is denied in all other respects; 7. ZOLL LifeCor's Objections #693 are overrules; 8. Koninklijke Philips's Objections #694 are overruled. The Report and Recommendation of Special Master Gale R. Peterson #688 , is otherwise adopted as the opinion of this Court. Signed by Judge Nora Barry Fischer on 7/25/17. (jg)
July 13, 2017 Opinion or Order Filing 717 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephone Conference with Special Master held on 7/13/17. (Court Reporter: None) (jg)
June 21, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #714 Motion for Leave to File. ERROR: Proposed Order was not attached. CORRECTION: Since the Motion was already ruled upon, the attorney is advised that all future motions require a proposed order as an attachment. This message is for informational purposes only. (jv)
June 20, 2017 Opinion or Order Filing 716 Sur-Reply re #713 Reply Brief, filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert)
June 20, 2017 Opinion or Order Filing 715 ORDER granting 714] Defendant's Motion for Leave to File Sur-Reply Brief to Plaintiff's Reply #713 ; said Sur-Reply is due by 6/23/17. Signed by Judge Nora Barry Fischer on 6/20/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
June 20, 2017 Opinion or Order Filing 714 MOTION for Leave to File Sur-Reply Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A) (Wagner, Robert)
June 19, 2017 Opinion or Order Filing 713 REPLY BRIEF re #694 Redacted Document in Support of its Objections to Report and Recomendation on Zoll Lifecor's Daubert Motions filed by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara)
June 16, 2017 Opinion or Order Filing 712 ORDER indicating that Plaintiffs' Motion for leave to file a reply brief in support of their objections to the Report and Recommendation on Zoll Lifecor's Daubert Motions; said Motion #711 is granted and Plaintiffs shall promptly file their proposed reply upon notice of the entry of this Order. Signed by Judge Nora Barry Fischer on 6/16/2017. (bdk)
June 16, 2017 Opinion or Order Filing 711 MOTION for Leave to File Reply Brief in Support of Objections to Report and Recommendation on Zoll's Daubert Motions by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit 1 - Proposed Reply, #2 Proposed Order) (DeCourcy, Dara)
June 13, 2017 Opinion or Order Filing 710 SEALED DOCUMENT (Opposition to Zoll Lifecor's #693 Objections to Report and Recommendation) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. This document Sealed pursuant to #704 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 8, #8 Exhibit 9) (jsp)
June 12, 2017 Opinion or Order Filing 709 SEALED DOCUMENT (Response to Phiillips's Objection to Report and Recommendation) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #702 Order on Motion for Leave to File Documents Under Seal. (jsp)
June 9, 2017 Opinion or Order Filing 708 REDACTION to #694 Redacted Document (Response to Philips's Objections to Report and Recommendation on Daubert Motions) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit McPhie, #2 Exhibit 1, #3 Exhibit 2) (Wagner, Robert) Modified on 6/12/2017. (jsp)
June 9, 2017 Opinion or Order Filing 707 DECLARATION of Susan Y. Tull in Support re #705 Redacted Document, (Philips's Opposition to Zoll Lifecor's #688 Objections to Report and Recommendation) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC Affiant: Susan Y. Tull. (DeCourcy, Dara) Modified on 6/12/2017. (jsp)
June 9, 2017 Opinion or Order Filing 706 EXHIBIT 7 in support of #705 Philips's Redacted Document Opposition to Zoll Lifecor's #688 Objections to Report and Recommendation by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara) Modified on 6/12/2017. (jsp)
June 9, 2017 Opinion or Order Filing 705 REDACTION to #693 Redacted Document (Opposition to Zoll Lifecor's Objections to Report and Recommendation) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Redacted Exhibit 1, #2 Redacted Exhibit 2, #3 Redacted Exhibit 3, #4 Redacted Exhibit 4, #5 Redacted Exhibit 5, #6 Redacted Exhibit 6, #7 Redacted Exhibit 8, #8 Redacted Exhibit 9) (DeCourcy, Dara) Modified on 6/12/2017. (jsp) Modified on 6/13/2017. (jsp)
June 7, 2017 Opinion or Order Filing 704 ORDER granting #703 Plaintiff's Motion for Leave to File Documents Under Seal; Plaintiffs may file under seal their Response to Zoll Lifecor Corporation's Objection to Report and Recommendation on Zoll Lifecor's Motion to Exclude Testimony of Philips's Damages Expert, Mr. John Jarosz #693 and exhibits that contain Confidential Information. The unredacted versions of the Response and exhibits that contain Confidential Information shall remain under seal until further order of this Court.. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 6/7/17. (jg)
June 7, 2017 Opinion or Order Filing 703 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
June 7, 2017 Opinion or Order Filing 702 ORDER granting #701 Defendant's Motion for Leave to File Documents Under Seal; that ZOLL Lifecor Corporation may file under seal its response to Philips' objections to the Special Master's Report & Recommendation #694 and exhibits that contain Confidential Information. The unredacted versions of the objections and exhibits shall remain under seal until further order of this Court After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 6/7/17. (jg)
June 6, 2017 Opinion or Order Filing 701 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
May 30, 2017 Opinion or Order Filing 700 SEALED DOCUMENT (Objections to Report and Recommendation) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #690 Order on Motion for Leave to File Documents Under Seal. (jsp)
May 30, 2017 Opinion or Order Filing 699 SEALED DOCUMENT (Exhibit 1 to Objections to Report and Recommendation) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. This document Sealed pursuant to #692 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11) (jsp)
May 30, 2017 Opinion or Order Filing 698 Errata re #696 Redacted Document Exhibit 1 to Objections to Report and Recommendation by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. Reason for Correction: Exhibits were linked to incorrect document. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11) (DeCourcy, Dara) Modified on 5/30/2017. (jsp)
May 30, 2017 Opinion or Order Filing 697 SEALED DOCUMENT (Objections to Report and Recommendation) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. This document Sealed pursuant to #692 Order on Motion for Leave to File Documents Under Seal. (jsp)
May 26, 2017 Opinion or Order Filing 696 REDACTION to #695 Declaration (Exhibits in support of Objections to Report and Recommendation) by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11) (DeCourcy, Dara) See #698 Errata. Modified on 5/31/2017. (jsp)
May 26, 2017 Opinion or Order Filing 695 DECLARATION of Susan Y. Tull in support re #694 Redacted Document Philips's Objections to Report and Recommendation on Daubert Motions by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Exhibit 8) (DeCourcy, Dara) Modified on 5/31/2017. (jsp)
May 26, 2017 Opinion or Order Filing 694 REDACTION (Objections to Report and Recommendation) to #688 SPECIAL MASTER REPORT AND RECOMMENDATION by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara) Modified on 5/31/2017. (jsp)
May 26, 2017 Opinion or Order Filing 693 REDACTION (Objection to Report and Recommendation) to #688 SPECIAL MASTER REPORT AND RECOMMENDATION by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 5/31/2017. (jsp)
May 25, 2017 Opinion or Order Filing 692 ORDER granting #691 Plaintiffs' Motion for Leave to File Documents Under Seal; that Plaintiffs may file under seal their Objection and exhibits to the Special Master's Report and Recommendation #688 that contain Confidential Information. The unredacted versions of the Objection and exhibits that contain Confidential Information shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/25/17. (jg)
May 25, 2017 Opinion or Order Filing 691 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
May 25, 2017 Opinion or Order Filing 690 ORDER granting #689 Defendant's Motion for Leave to File Documents Under Seal; ZOLL Lifecor Corporation may file under seal its objections to the Special Master's Report & Recommendation #688 and exhibits that contain Confidential Information. The unredacted versions of the objections and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/25/17. (jg)
May 25, 2017 Opinion or Order Filing 689 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
May 12, 2017 Opinion or Order Filing 688 SPECIAL MASTER REPORT AND RECOMMENDATION ON PARTIES DAUBERT MOTIONS ( #449 , #452 , #453 , #454 , #459 , #462 ) by GALE R. PETERSON. (Peterson, Gale)
April 12, 2017 Opinion or Order Filing 687 Disclosure Statement identifying Philips Holding USA, Inc. as corporate parent or other affiliate, by KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC. (DeCourcy, Dara)
April 12, 2017 Opinion or Order Filing 686 ORDER granting #684 Plaintiff's Motion to Amend Caption; Effective upon the entry. of this Order, the caption is amended, to replace the former name of Philips Electronics North America Corporation with its new name, Philips North America LLC. Signed by Judge Nora Barry Fischer on 4/12/17. (jg)
April 11, 2017 Opinion or Order Filing 685 AFFIDAVIT of David Mroz in support re #684 MOTION to Amend Caption by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Exhibit A) (DeCourcy, Dara) Modified on 4/12/2017. (jsp)
April 11, 2017 Opinion or Order Filing 684 Assented-to MOTION to Amend Caption by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 4/12/2017. (jsp)
January 31, 2017 Opinion or Order Filing 683 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 11, 2017 before Judge Nora Barry Fischer. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 2/7/2017. Redaction Request due 2/21/2017. Redacted Transcript Deadline set for 3/3/2017. Release of Transcript Restriction set for 5/1/2017. (rtf)
January 31, 2017 Opinion or Order Filing 682 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 10, 2017 before Judge Nora Barry Fischer. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 2/7/2017. Redaction Request due 2/21/2017. Redacted Transcript Deadline set for 3/3/2017. Release of Transcript Restriction set for 5/1/2017. (rtf)
January 11, 2017 Opinion or Order Filing 681 Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing concluded on 1/11/17 (details of proceeding more fully stated in memo); The Court ordered a transcript of the proceedings, the cost to be borne evenly by the parties. The Court further noted that, due to the press of other business, the transcript will be completed within thirty to forty-five days. (Court Reporter: R. Ford) (Attachments: #1 Updated Exhibit List) (jg)
January 11, 2017 Opinion or Order Filing 680 Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing held on 1/10/17 (details of proceeding more fully stated in memo); Hearing to continue on 1/11/17 at 9:00 AM. (Court Reporter: R. Ford) (Attachments: #1 Exhibit List) (jg)
January 10, 2017 Opinion or Order Filing 679 SEALED DOCUMENT re #668 Redaction (Demonstratives for Philips's Motion to Exclude Expert Testimony of Dr. Sandor Kovacs) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 10, 2017 Opinion or Order Filing 678 SEALED DOCUMENT re #667 (Demonstratives for Motion to Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 10, 2017 Opinion or Order Filing 677 SEALED DOCUMENT re #666 Redaction (Demonstratives for Philips's Motion for Summary Judgment on Collateral)by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 10, 2017 Opinion or Order Filing 676 SEALED DOCUMENT re #664 Redaction (Demonstratives for Motion for Summary Judgment No. 5 (Anticipation by Ventak) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 10, 2017 Opinion or Order Filing 675 SEALED DOCUMENT re #663 (Demonstratives for Motion for Summary Judgment No. 4 (Double Patenting) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 10, 2017 Opinion or Order Filing 674 Minute Entry for proceedings held before Judge Nora Barry Fischer: Conference held on 1/9/17 with Special Master Peterson to discuss the respective slides that the parties had delivered and to finalize preparations for the upcoming hearing. (Court Reporter: None) (jg)
January 10, 2017 Opinion or Order Filing 673 SEALED DOCUMENT re #662 Redaction(Demonstratives for Motion for Summary Judgment No. 3 ("Form Factor Claims") by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 10, 2017 Opinion or Order Filing 672 SEALED DOCUMENT re #661 Redaction (Demonstratives for Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 10, 2017 Opinion or Order Filing 671 SEALED DOCUMENT re #660 Redaction (Demonstratives for Motion for Summary Judgment No. 1 (Non-Infringement) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #657 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 9, 2017 Opinion or Order Filing 670 JOINT STATUS REPORT of Related Litigations by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 1/10/2017. (jsp)
January 9, 2017 Opinion or Order Filing 669 SEALED DOCUMENT (Presentation) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #655 Order on Motion for Leave to File Documents Under Seal. (jsp)
January 6, 2017 Opinion or Order Filing 668 REDACTION to #449 MOTION To Exclude Expert Testimony of Dr. Sandor Kovacs ZOLL Lifecor's Demonstratives for Philips's Motion to Exclude Expert Testimony of Dr. Sandor Kovacs by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 667 REDACTION to #453 MOTION To Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz ZOLL Lifecor's Demonstratives for Motion to Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 666 REDACTION to #465 MOTION for Summary Judgment on Collateral Estoppel ZOLL Lifecor's Demonstratives for Philips's Motion for Summary Judgment on Collateral Estoppel by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 665 REDACTION to #465 MOTION for Summary Judgment on Collateral Estoppel Presentation on Summary Judgment and Daubert Motions by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
January 6, 2017 Opinion or Order Filing 664 REDACTION to #480 MOTION for Summary Judgment No. 5 (Anticipation by Ventak) ZOLL Lifecor's Demonstratives for Motion for Summary Judgment No. 5 (Anticipation by Ventak) by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 663 REDACTION to #477 MOTION for Summary Judgment No. 4 (Double Patenting) ZOLL Lifecor's Demonstratives for Motion for Summary Judgment No. 4 (Double Patenting) by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 662 REDACTION to #474 MOTION for Summary Judgment No. 3 ("Form Factor Claims") ZOLL Lifecor's Demonstratives for Motion for Summary Judgment No. 3 ("Form Factor Claims") by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 661 REDACTION to #471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent) ZOLL Lifecor's Demonstratives for Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 660 REDACTION to #468 MOTION for Summary Judgment No. 1 (Non-Infringement) ZOLL Lifecor's Demonstratives for Motion for Summary Judgment No. 1 (Non-Infringement) by ZOLL LIFECOR CORPORATION. (McPhie, David)
January 6, 2017 Opinion or Order Filing 659 ORDER indicating that the Court having scheduled a Hearing and Oral Argument on the parties' Daubert Motions, as well as Motions for Summary Judgment, to commence on 1/10/17 #440 , it is hereby ordered that the parties shall provide the Court with the errata pages, if any, of the depositions of any expert who is being challenged by 5:00 p.m. on 1/9/16. Signed by Judge Nora Barry Fischer on 1/6/17. (jg)
January 6, 2017 Opinion or Order Filing 658 JOINT STATUS REPORT of the Parties by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 1/9/2017. (jsp)
January 5, 2017 Opinion or Order Filing 657 ORDER granting #656 Defendant's Motion for Leave to File Documents Under Seal. ZOLL Lifecor Corporation may file under seal its presentation(s) and exhibits that contain Confidential Information. The unredacted versions of the presentation(s) and exhibits shall remain under seal until further order of this Court After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 1/5/17. (jg)
January 5, 2017 Opinion or Order Filing 656 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
January 5, 2017 Opinion or Order Filing 655 ORDER granting #654 Plaintiffs' Motion for Leave to File Documents Under Seal. Plaintiffs may file under seal their presentation(s) and exhibits that contain Confidential Information. The unredacted versions of the presentation(s) and exhibits that contain Confidential Information shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 1/5/17. (jg)
January 5, 2017 Opinion or Order Filing 654 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
January 5, 2017 Opinion or Order Filing 653 ORDER detailing manner in which the Court will hear Motions at the Hearing and Oral Argument on the parties' Daubert Motions, as well as Motions for Summary Judgment, to commence on 1/10/17 (details more fully stated in said Order.) Signed by Judge Nora Barry Fischer on 1/5/17. (jg)
January 5, 2017 Opinion or Order Filing 652 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Conference with Special Master Peterson held on 1/4/17. (Court Reporter: S. Hall) (jg)
January 4, 2017 Opinion or Order Filing 651 JOINT STATUS REPORT Regarding Agenda of Summary Judgment and Daubert Hearing by ZOLL LIFECOR CORPORATION. (Attachment: #1 Exhibit A) (McPhie, David) Modified on 1/5/2017. (jsp)
December 28, 2016 Opinion or Order Filing 643 ORDER indicating that it is hereby ordered that the parties shall exchange (1) all PowerPoint (or similar) presentations, and (2) all demonstrative exhibits, whether actual products or multimedia presentations, or otherwise, by no later than 5:00 ET on Friday, January 6, 2017; it is further ordered that the parties shall file the same by no later than 5:00 ET on Friday, January 6, 2017, and shall provide unredacted copies of the same to the Court and the master on flash drives via courier service to arrive no later than noon ET on Friday, January 6, 2017; and it is further ordered that the parties shall file a status report by January 4, 2017, on (1) the Daubert motions the parties intend to argue, and (2) the order of presentation (details more fully stated in Order). Signed by Judge Nora Barry Fischer on 12/28/2016. (sks)
December 27, 2016 Opinion or Order Filing 650 SEALED DOCUMENT (Sur-Reply to Zoll Lifecor Corporation's Motion for Summary Judgment Number 5 (Anticipation by Ventak)) by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #624 Order on Motion for Leave to File Documents Under Seal. (ept)
December 27, 2016 Opinion or Order Filing 649 SEALED DOCUMENT (Sur-Reply in Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 2 (Claim 17 of the '454 Patent)) by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #624 Order on Motion for Leave to File Documents Under Seal. (ept)
December 27, 2016 Opinion or Order Filing 648 SEALED DOCUMENT (Sur-Reply to Zoll Lifecor Corporation's Motion for Summary Judgment Number 1 (Noninfringement)) by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #624 Order on Motion for Leave to File Documents Under Seal. (ept)
December 27, 2016 Opinion or Order Filing 647 SEALED DOCUMENT (Surreply in Support of its Opposition to Zoll Lifecor's Motion to Exclude the Testimony of Dr. Patrick Wolf) by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #624 Order on Motion for Leave to File Documents Under Seal. (ept)
December 27, 2016 Opinion or Order Filing 646 SEALED DOCUMENT (Surreply to Zoll's Motion to Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz) by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #624 Order on Motion for Leave to File Documents Under Seal. (ept)
December 27, 2016 Opinion or Order Filing 645 SEALED DOCUMENT (Sur-Reply in Opposition to Zoll's Motion to Exclude the Testimony of Dr. John P. Freese) by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #624 Order on Motion for Leave to File Documents Under Seal. (ept)
December 27, 2016 Opinion or Order Filing 644 SEALED DOCUMENT (Sur-Reply in Opposition to Motion for Summary Judgment on Collateral Estoppel) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #623 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1) (ept)
December 27, 2016 Opinion or Order Filing 642 SEALED DOCUMENT (Sur-Reply in Support of Opposition to Philips's Motion to Exclude Expert Testimony of Dr. Sandor Kovacs, PH.D., M.D.) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #623 Order on Motion for Leave to File Documents Under Seal. (ept)
December 27, 2016 Opinion or Order Filing 641 SEALED DOCUMENT (Sur-Reply in Opposition to Motion to Exclude Expert Testimony of Mark J. Chandler) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #623 Order on Motion for Leave to File Documents Under Seal. (ept)
December 23, 2016 Opinion or Order Filing 640 STATUS REPORT (Joint Status Report of the Parties Regarding Agenda for Hearing on Summary Judgment and Daubert Motions) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 22, 2016 Opinion or Order Filing 639 REDACTION to #543 Redacted Document Sur-Reply to Philips's Motion to Exclude Expert Testimony of Dr. Sandor Kovacs, Ph.D., M.D. by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of David McPhie, #2 Exhibit 1) (McPhie, David)
December 22, 2016 Opinion or Order Filing 638 CONCISE STATEMENT OF MATERIAL FACTS Responsive Concise Statement of Facts in Sur-Reply to Philips's Reply ISO its Motion for Summary Judgment on Collateral Estoppel re #637 Redacted Document, by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 22, 2016 Opinion or Order Filing 637 REDACTION to #541 Redacted Document, Sur-Reply to Philips's Motion for Summary Judgment on Collateral Estoppel by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of David McPhie, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (McPhie, David)
December 22, 2016 Opinion or Order Filing 636 REDACTION to #514 Redacted Document Sur-Reply to Zoll's Motion for Summary Judgment No. 1 (Noninfringement) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 635 Sur-Reply Brief to Zoll's #468 Motion for Summary Judgment No. 4 (Double Patenting) re #523 Response in Opposition, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 634 Sur-Reply Brief in Opposition to Philips's Motion to Exclude Testimony of Dr. Wayne McDaniel re #544 Redacted Document, filed by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 22, 2016 Opinion or Order Filing 633 REDACTION to #545 Redacted Document Sur-Reply to Philips's Motion to Exclude Testimony of Mark J. Chandler by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 22, 2016 Opinion or Order Filing 632 REDACTION to #526 Redacted Document Sur-Reply to Zoll's Motion for Summary Judgment No. 5 by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 631 Sur-Reply Brief in Opposition to Zoll's Motion for Summary Judgment No. 3 re #520 Redacted Document, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 630 REDACTION to #517 Redacted Document Sur-Reply in Opposition to Zoll's Motion for Summary Judgment No. 2 by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 629 REDACTION to #538 Redacted Document Sur-Reply in Support of Opposition of Zoll's Motion to Exclude Testimony of Dr. Patrick Wolf by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 628 REDACTION to #535 Redacted Document Sur-Reply to Zoll's Motion to Exclude Testimony of Philips's Damages Expert, Mr. John Jarosz by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 627 REDACTION to #532 Redacted Document Sur-Reply in Opposition to Zoll's Motion to Exclude the Testimony of Dr. John P. Freese by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 22, 2016 Opinion or Order Filing 626 ORDER the Court having scheduled a Hearing and Oral Argument on the parties' Daubert Motions, as well as Motions for Summary Judgment, to commence on 1/10/17 #440 , it is hereby ordered that the parties shall file a Joint Status Report by 5:00 p.m. on 1/6/17 providing a list of all attendees and indicating whether each attendee will need his or her mobile telephone and/or computer or similar equipment throughout the proceedings, so that the Marshal may be advised. Signed by Judge Nora Barry Fischer on 12/22/16. (jg)
December 21, 2016 Opinion or Order Filing 625 ORDER granting #623 Defendant's for Leave to File Documents Under Seal. Defendant may file under seal its sur-reply briefs in opposition to Plaintiffs' its Daubert and for summary judgment motions, and the accompanying exhibits that contain Confidential Information. The unredacted versions of the comments and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 12/21/16. (jg)
December 21, 2016 Opinion or Order Filing 624 ORDER granting #622 Plaintiffs' Motion for Leave to File Documents Under Seal. Plaintiffs may file under seal their sur-reply briefs and supporting materials that contain J Confidential Information. The unredacted versions of the sur-reply briefs and supporting materials shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 12/21/16. (jg)
December 21, 2016 Opinion or Order Filing 623 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
December 21, 2016 Opinion or Order Filing 622 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
December 21, 2016 Opinion or Order Filing 621 ORDER indicating that the Court having scheduled a Hearing and Oral Argument on the parties' Daubert Motions, as well as Motions for Summary Judgment, to commence on 1/10/17 #440 , it is hereby ordered that the parties shall file a Joint Status Report by 12:00 p.m. on 1/9/17 advising the Court of the status, as of 1/6/17, of all other pending litigation and/or claims between the parties and/or all litigation and/or claims involving any other third party in regard to the patents at issue in this matter. Signed by Judge Nora Barry Fischer on 12/21/16. (jg)
December 20, 2016 Opinion or Order Filing 620 ORDER indicating that, for the reasons stated within, the parties shall jointly file an agenda delineating which motions they will argue, and in which order, during the scheduled Hearing and Oral Argument by 12/23/16. Signed by Judge Nora Barry Fischer on 12/20/16. (jg)
December 19, 2016 Opinion or Order Filing 619 JOINT STATUS REPORT of the Parties Regarding Summary Judgment and Daubert Motions by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 12/21/2016. (jsp)
December 16, 2016 Opinion or Order Filing 618 SEALED DOCUMENT (Exhibit 1 to McPhie Declaration) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 9, #5 Exhibit 10) (jsp)
December 16, 2016 Opinion or Order Filing 617 SEALED DOCUMENT (Responsive Concise Statement of Material Facts in Reply to Philips's Opposition to Zoll Lifecor's Motion for Summary Judgment No. 5 (Anticipation by Ventak)) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 616 SEALED DOCUMENT (Reply in Support of Its Motion for Summary Judgment No. 5 (Anticipation by Ventak) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 615 SEALED DOCUMENT (Responsive Concise Statement of Material Facts in Reply to Philips's Opposition to Zoll Lifecor's Motion for Summary Judgment No. 4 (Double Patenting)) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 614 SEALED DOCUMENT(Reply in Support of Its Motion for Summary Judgment No. 4 (Double Patenting)) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 613 SEALED DOCUMENT(Responsive Concise Statement of Material Facts in Reply to Philips's Opposition to Zoll Lifecor's Motion for Summary Judgment No. 3 ("Form Factor Claims")) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 612 SEALED DOCUMENT (Responsive Concise Statement of Material Facts in reply to Philips's Opposition to Zoll Lifecor's Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent)) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 611 SEALED DOCUMENT (Reply in Support Its Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 610 SEALED DOCUMENT (Responsive Concise Statement of Material Facts in Reply to Philip's Opposition to Zoll Lifecor's Motion for Summary Judgment No. 1 (Non-Infringement) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 609 SEALED DOCUMENT (Reply in Support of Its Motion for Summary Judgment No. 1 (Non-Infringement)) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 608 SEALED DOCUMENT(Reply in Support of Its Motion to Exclude the Testimony of Dr. John P. Freese) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 607 SEALED DOCUMENT (Reply in Support of Its Motion to Exclude Testimony of Professor Patrick Wolf) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 606 SEALED DOCUMENT (Reply in Support of Its Motion to Exclude Testimony of Philips's Damages Expert, Mr. John Jarosz) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #576 Order on Motion for Leave to File Documents Under Seal (jsp)
December 16, 2016 Opinion or Order Filing 605 SEALED DOCUMENT (Appendix to Philips's Reply in Support of Its Motion for Summary Judgment on Collaterial Estoppel) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #575 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 604 SEALED DOCUMENT (Responsive Statement of Material Facts in Reply to Zoll's Opposition to Philip's Motion for Summary Judgment on Collateral Estoppel by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #575 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 603 SEALED DOCUMENT (Reply in Support of Its Motion for Summary Judgment on Collateral Estoppel) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #575 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 602 SEALED DOCUMENT (Exhibit 9 to Reply Brief in Support of Daubert Motion to Exclude Expert Testimony of Dr. Sandor Kovacs) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #575 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 601 SEALED DOCUMENT (Reply Brief in Support of Daubert Motion to Exclude Expert Testimony of Dr. Sandor Kovacs) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #575 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 16, 2016 Opinion or Order Filing 600 SEALED DOCUMENT (Reply in Support of Daubert Motion to Exclude Improper Expert Testimony of Mark J. Chandler) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #575 Order on Motion for Leave to File Documents Under Seal (jsp)
December 15, 2016 Opinion or Order Filing 599 DECLARATION re #591 Redacted Document, #595 Redacted Document, #593 Reply Brief, #589 Redacted Document, #597 Redacted Document, Declaration of David McPhie in Support of MSJ Nos. 1-5 Replies by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (McPhie, David)
December 15, 2016 Opinion or Order Filing 598 REDACTION to #597 Redacted Document, Responsive Concise Statement of Facts in Reply to Philips's Opposition to ZOLL Lifecor's Motion for Summary Judgment No. 5 (Anticipation by Ventak) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 597 REDACTION to #480 MOTION for Summary Judgment No. 5 (Anticipation by Ventak) Reply ISO Motion for Summary Judgment No. 5 (Anticipation by Ventak) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of Bruce H. KenKnight, Ph.D., #2 Declaration of David K. Swanson, Ph.D.) (McPhie, David)
December 15, 2016 Opinion or Order Filing 596 REDACTION to #595 Redacted Document Responsive Concise Statement of Facts in Reply to Philips's Opposition to ZOLL Lifecor's Motion for Summary Judgment No. 4 (Double Patenting) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 595 REDACTION to #477 MOTION for Summary Judgment No. 4 (Double Patenting) Reply ISO Motion for Summary Judgment No. 4 (Double Patenting) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 594 REDACTION to #593 Reply Brief Responsive Concise Statement of Facts in Reply to Philips's Opposition to ZOLL Lifecor's Motion for Summary Judgment No. 3 ("Form Factor Claims") by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 593 REPLY BRIEF re #474 Motion for Summary Judgment Reply ISO Motion for Summary Judgment No. 3 ("Form Factor Claims") filed by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 592 REDACTION to #591 Redacted Document Responsive Concise Statement of Facts in Reply to Philips's Opposition to ZOLL Lifecor's Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 591 REDACTION to #471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent) Reply ISO Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 590 REDACTION to #589 Redacted Document Responsive Concise Statement of Facts in Reply to Philips's Opposition to ZOLL Lifecor's Motion for Summary Judgment No. 1 (Non-Infringement) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 589 REDACTION to #468 MOTION for Summary Judgment No. 1 (Non-Infringement) Reply ISO Motion for Summary Judgment No. 1 (Non-Infringement) by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 15, 2016 Opinion or Order Filing 588 REDACTION to #587 Redacted Document, Appendix to Responsive Concise Statement by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 587 REDACTION to #586 Redacted Document Responsive Concise Statement of Material Facts in Reply to Zoll's Opposition to Philips's Motion for Summary Judgment by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 586 REDACTION to #465 MOTION for Summary Judgment on Collateral Estoppel Reply in Support of Motion for Summary Judgment by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 585 REDACTION to #584 Declaration, Exhibit 9, Declaration of Susan Y. Tull by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 584 DECLARATION re #583 Redacted Document, Declaration of Susan Y. Tull Accompanying Exhibits in Support of Reply Brief in Support of Philips's Daubert Motion to Exclude Expert Testimony of Dr. Sandor Kovacs by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 10) (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 583 REDACTION to #449 MOTION To Exclude Expert Testimony of Dr. Sandor Kovacs Reply Brief in Support of Philips's Daubert Motion to Exclude Expert Testimony of Dr. Sandor Kovacs by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 582 REDACTION to #462 DAUBERT MOTION to Exclude Improper Expert Testimony of Mark J. Chandler Reply in Support of Philips's Daubert Motion to Exclude Improper Expert Testimony of Mark J. Chandler by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 581 REPLY in Support of #459 Daubert Motion to Exclude Improper Expert Testimony of Dr. Wayne McDaniel, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 15, 2016 Opinion or Order Filing 580 Redacted REPLY in support of #453 Motion to Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz, filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 12/15/2016 to edit docket text. (ksa)
December 15, 2016 Opinion or Order Filing 579 Redacted REPLY re #457 Redacted Document (Reply in Support of its Motion to Exclude Testimony of Professor Patrick Wolf) filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 12/15/2016 to eddit docket text. (ksa)
December 15, 2016 Opinion or Order Filing 578 Redacted REPLY re #455 Redacted Document (Reply in Support of its Motion to Exclude Testimony of Dr. John P. Freese) filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 12/15/2016 to edit docket text. (ksa)
December 15, 2016 Opinion or Order Filing 577 ORDER indicating that upon consideration of the multitude of filings the parties have made in this matter; the extent and nature of the parties filings; the Courts docket; the press of other matters; and the number of vacancies on this Court; and Special Master Peterson having communicated with the parties through e-mail, it is hereby ordered that the parties shall jointly file a document, in the format as provided by Special Master Peterson in his e-mail communication, that plainly shows the pending motions, responses, and all attachments, both redacted and un-redacted, along with a short summary of each motion and each principal response and reply; that the parties shall provide by hand delivery or by expedited mail service to both the Court and to Special Master Peterson a flash drive with the parties' motions, responses, and attachments grouped as stated by Special Master Peterson in his e-mail communication dated 12/13/16; that all motions, responses, replies, and attachments should be in the form as described by Special Master Peterson in his e-mail communication; that the parties shall provide the requested information and flash drive by 12/19/16. If an enlargement of time is required, the parties shall request same promptly. Otherwise, full compliance is expected, both by the Court and by Special Master Peterson. Signed by Judge Nora Barry Fischer on 12/15/16. (jg)
December 15, 2016 Opinion or Order Filing 576 ORDER granting #574 Defendant's Motion for Leave to File Documents Under Seal. Defendant may file under seal its reply briefs in support of its Daubert and for summary judgment motions, and the accompanying exhibits that contain Confidential Information. The unredacted versions of the comments andexhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 12/15/16. (jg)
December 15, 2016 Opinion or Order Filing 575 ORDER granting #573 Plaintiffs' Motion for Leave to File Documents Under Seal. Plaintiffs may file under seal their reply briefs, responsive concise statement, memorandum of law, appendix, and accompanying exhibits that contain Confidential Information. The unredacted versions of the reply briefs, responsive concise statement, memorandum of law and accompanying exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 12/15/16. (jg)
December 14, 2016 Opinion or Order Filing 574 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
December 14, 2016 Opinion or Order Filing 573 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
December 7, 2016 Opinion or Order Filing 572 ORDER indicating that upon consideration of the multitude of filings the parties have made in this matter; the extent and nature of the parties' filings; the Court's docket; the press of other matters; and the number of vacancies on this Court; and as previously conveyed to the parties in the Court's Fourth Amended Scheduling Order and Order dated December 1, 2016, (Docket Nos. #440 at 2, #513 ); and the Court having consulted with Special Master Peterson, who recommended that the Court consider the involvement of Professor Paul M. Janicke; and the Court having spoken with Professor Janicke, who expressed a willingness to either mediate and/or assist in narrowing the issues in this matter, it is hereby ordered that Professor Janicke will contact lead trial counsel Robert F. Shaffer, Esq. and David C. McPhie, Esq. to discuss, as stated by Professor Janicke, "possibilities" by December 12, 2016. Signed by Judge Nora Barry Fischer on 12/7/2016. (sks)
December 6, 2016 Opinion or Order Filing 565 JOINT STATUS REPORT by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 12/8/2016. (jsp)
December 5, 2016 Opinion or Order Filing 571 SEALED DOCUMENT (Exhibit 2) in support of #566 Opposition, #567 Opposition, #568 Opposition by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 11, #8 Exhibit 14, #9 Exhibit 17, #10 Exhibit 19, #11 Exhibit 23, #12 Exhibit 24) (jsp)
December 5, 2016 Opinion or Order Filing 570 SEALED DOCUMENT(Responsive Concise Statement of Material Facts in Opposition to Philips's Motion for Summary Judgment on Collateral Estoppel by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 5, 2016 Opinion or Order Filing 569 SEALED DOCUMENT (Opposition to Motion for Summary Judgment on Collateral Estoppel) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit 2, #2 Exhibit 4, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 16, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21) (jsp)
December 5, 2016 Opinion or Order Filing 568 SEALED DOCUMENT (Opposition to Philips' Daubert Motion to Exclude Expert Testimony of Mark J. Chandler) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 5, 2016 Opinion or Order Filing 567 SEALED DOCUMENT (Opposition to Motion to Exclude Expert Testimony of Dr. Wayne McDaniel) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 5, 2016 Opinion or Order Filing 566 SEALED DOCUMENT (Opposition to Motion to Exclude Expert Testimony of Dr. Sandor Kovacs) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 564 SEALED DOCUMENT (Opposition to Zoll Lifecor's Motion to Exclude the Testimony of Dr. Patrick Wolf) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jsp)
December 2, 2016 Opinion or Order Filing 563 SEALED DOCUMENT (Exhibit B to Philips' Opposition to Zoll's Motion to Exclude the Testimony of Philips' Damages Expert, Mr. John Jarosz) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H) (jsp)
December 2, 2016 Opinion or Order Filing 562 SEALED DOCUMENT (Opposition to Zoll's Motion to Exclude Testimony of Mr. John Jarosz by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 561 SEALED DOCUMENT (Exhibit B) C, D to Declaration of David K. Mroz by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit F) (jsp)
December 2, 2016 Opinion or Order Filing 560 SEALED DOCUMENT(Exhibit B) to #529 Declaration of Dr. Patrick Wolf, #530 Errata by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F) (jsp) Modified on 12/5/2016. (jsp)
December 2, 2016 Opinion or Order Filing 559 SEALED DOCUMENT (Opposition to Zoll's Motion to Exclude the Testimony of Dr. John P. Freese) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 558 SEALED DOCUMENT (Appendix to Philips's Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 5 (Anticipation by Ventak)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 557 SEALED DOCUMENT (Response to Zoll's Concise Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment Number 5 (Anticipation by Ventak)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 556 SEALED DOCUMENT (Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 5 (Anticipation by Ventak)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 555 SEALED DOCUMENT (Appendix to Philips's Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 554 SEALED DOCUMENT (Response to Zoll's Rule 56.C.1 Concise Statement of Undisputed Material Facts in Support of Its Motion for Summary Judgment Number 2 (Claim 17 of the '454 Patent) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 553 SEALED DOCUMENT (Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 2 (Claim 17 of the '454 Patent)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 552 SEALED DOCUMENT (Appendix to Philips' Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment No. 1 (Non-Infringement)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 551 SEALED DOCUMENT (Response to Zoll's Rule 56.C.1 Concise Statement of Undisputed Material Facts in Support of Its Motion for Summary Judgment Number 1 (Noninfringement)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 550 SEALED DOCUMENT (Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 1 (Noninfringement)) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (jsp)
December 2, 2016 Opinion or Order Filing 549 SEALED DOCUMENT (Appendix to Philips's Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment No. 3 ("Form Factor Claims")) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (ksa)
December 2, 2016 Opinion or Order Filing 548 SEALED DOCUMENT (CounterStatement of Facts and Opposition to Zoll Lifecor's Concise Statement of Facts in Support of its Motion for Summary Judgment No. 3 on the "Form Factor" Claims) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (ksa)
December 2, 2016 Opinion or Order Filing 547 SEALED DOCUMENT (Opposition to Zoll Lifecor's Motion for Suumary Judgment No. 3 on "Form Factor" Claims) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #512 Order on Motion for Leave to File Documents Under Seal. (ksa)
December 1, 2016 Opinion or Order Filing 546 REDACTION to #545 Redacted Document, #544 Redacted Document, #543 Redacted Document Declaration of David McPhie In Support of Daubert Oppositions by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24) (McPhie, David)
December 1, 2016 Opinion or Order Filing 545 REDACTION to #462 DAUBERT MOTION to Exclude Improper Expert Testimony of Mark J. Chandler Opposition to Motion to Exclude Chandler Testimony by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 1, 2016 Opinion or Order Filing 544 REDACTION to #459 DAUBERT MOTION to Exclude Improper Expert Testimony of Dr. Wayne McDaniel Opposition to Motion to Exclude McDaniel Testimony by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 1, 2016 Opinion or Order Filing 543 REDACTION to #449 MOTION To Exclude Expert Testimony of Dr. Sandor Kovacs Opposition to Motion to Exclude Kovacs Testimony by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of Sandor Kovacs) (McPhie, David)
December 1, 2016 Opinion or Order Filing 542 REDACTION to #541 Redacted Document Responsive Concise Statement of Facts in Support of ZOLL Lifecor's Opposition to Collateral Estoppel MSJ, by ZOLL LIFECOR CORPORATION. (McPhie, David)
December 1, 2016 Opinion or Order Filing 541 REDACTION to #465 MOTION for Summary Judgment on Collateral Estoppel by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit Declaration of David McPhie, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36) (McPhie, David)
December 1, 2016 Opinion or Order Filing 540 REDACTION to #539 Declaration, Exhibits A, B and C to Declaration of Susan Y. Tull by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit B, #2 Exhibit C) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 539 DECLARATION re #538 Redacted Document Susan Y. Tull in Support of Philips's Opposition to Zoll Lifecor's Motion to Exclude the Testimony of Dr. Patrick Wolf by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit D) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 538 REDACTION Opposition to Zoll Lifecor's Motion to Exclude the Testimony of Dr. Patrick Wolf by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 537 REDACTION to #536 Declaration, Exhibits B, C, D, E, F, G, H to Declaration of Susan Y. Tull by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 536 DECLARATION re #535 Redacted Document of Susan Y. Tull in Support of Philips's Opposition to Zoll Lifecor Corporation's Motion to Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit A) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 535 REDACTION Opposition to Zoll's Motion to Exclude Testimony of Mr. John Jarosz by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 534 REDACTION to #533 Declaration, Exhibits B, C, D, and F to Declaration of David K. Mroz by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit F) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 533 DECLARATION re #532 Redacted Document of David K. Mroz in Suuport of Philips's Opposition to Zoll's Motion to Exclude Testimony of Dr. John P. Freese by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit E) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 532 REDACTION Opposition to Zoll's Motion to Exclude the Testimony of Dr. John P. Freese by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 531 REDACTION to #529 Declaration, #530 Errata Exhibits B, C, D, E, and F to Declaration of Dr. Patrick Wolf by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 530 Errata re #529 Declaration, of Dr. Patrick Wolf by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. Reason for Correction: Omitted Exhibit. (Attachments: #1 Exhibit A) (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 529 DECLARATION re #526 Redacted Document, #520 Redacted Document, #514 Redacted Document, #517 Redacted Document, #523 Response in Opposition of Dr. Patrick Wolf by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 528 REDACTION to #526 Redacted Document Appendix to Philips's Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 5 (Anticipation by Ventak) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 527 REDACTION to #526 Redacted Document Response to Zoll's Concise Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment Number 5 (Anticipation by Ventak) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 526 REDACTION Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 5 (Anticipation by Ventak) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 525 Appendix to #523 Response in Opposition by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 524 RESPONSE IN OPPOSITION to Zoll's Concise Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment Number 4 (Double Patenting) to #523 Response in Opposition, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 523 RESPONSE IN OPPOSITION to Zoll Lifecor Corporation's #468 Motion for Summary Judgment Number 4 (Double Patenting) filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 522 REDACTION to #520 Redacted Document Appendix to Philips's Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment No. 3 ("Form Factor Claims") by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 521 REDACTION to #520 Redacted Document Counterstatement of Facts and Opposition to Zoll Lifecor's Concise Statement of Facts in Support of its Motion for Summary Judgment No. 3 on the "Form Factor" Claims by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 520 REDACTION Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment No. 3 on "Form Factor" Claims by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 519 REDACTION to #517 Redacted Document Appendix to Philips's Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 518 REDACTION to #517 Redacted Document Response to Zoll's Concise Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment Number 2 (Claim 17 of the '454 Patent) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 517 REDACTION Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 2 (Claim 17 of the '454 Patent) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 516 REDACTION to #514 Redacted Document Appendix to Philips's Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment No. 1 (Non-Infringement) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 515 REDACTION to #514 Redacted Document Response to Zoll's Concise Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment Number 1 (Noninfringement) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 514 REDACTION Opposition to Zoll Lifecor Corporation's Motion for Summary Judgment Number 1 (Noninfringement) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
December 1, 2016 Opinion or Order Filing 513 ORDER indicating that upon consideration of the Court's docket, the press of other matters, and the number of vacancies on this Court, and as previously conveyed to the parties in the Court's Fourth Amended Scheduling Order, (Docket No. #440 at 2), it is hereby ordered that Special Master Peterson will prepare a report and recommendation for the Court on technical summary judgment motions, given his familiarity with the technology of the patents-in-suit, (see Docket Nos. #112 , #171 , #207 , #262 , #305 , #391 , #424 ), and the parties' Daubert motions in the first instance; and that the Hearing and Oral Argument on the parties' Motions for Summary Judgment and Daubert Motions remains scheduled for January 10, 2017, at 9:00 a.m., and continuing on January 11-12, 2017, as needed in Courtroom 5B before the Honorable Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 12/1/16. (jg)
November 30, 2016 Opinion or Order Filing 512 ORDER granting #511 Plaintiffs' Motion for Leave to File Documents Under Seal; Plaintiffs may file under seal their responsive concise statements and briefs in opposition to Defendant's motions for summary judgment and briefs in opposition to Defendant's Daubert motions and accompanying exhibits that contain Confidential Information. The unredacted versions of the responses, briefs and exhibits shall remain under seal until further order of thisCourt. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 11/30/16. (jg)
November 30, 2016 Opinion or Order Filing 511 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
November 30, 2016 Opinion or Order Filing 510 ORDER granting #509 Defendant's Motion for Leave to File Documents Under Seal; that defendant may file under seal its briefs in opposition to Plaintiffs' Daubert and for summary judgment motions, and the accompanying exhibits that contain Confidential Information. The unredacted versions of the commentsand exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 11/30/16. (jg)
November 29, 2016 Opinion or Order Filing 509 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
November 7, 2016 Opinion or Order Filing 508 SEALED DOCUMENT (Exhibit B in Support re Declaration of Dr. Sandor J. Kovacs) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit C) (jsp)
November 7, 2016 Opinion or Order Filing 507 SEALED DOCUMENT (Exhibit B re Declaration of Dr. Ronald Berger) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit D, #2 Exhibit E) (jsp)
November 7, 2016 Opinion or Order Filing 506 SEALED DOCUMENT (Concise Statement of Material Facts in Support re No. 5 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 505 SEALED DOCUMENT (Concise Statement of Material Facts in Support re No. 4 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 504 SEALED DOCUMENT(Concise Statement of Material Facts in Support re No. 3 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 503 SEALED DOCUMENT (Concise Statement of Materials in Support re No. 2 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 502 SEALED DOCUMENT (Concise Statement of Material Facts in Support re No. 1 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 501 SEALED DOCUMENT (Memorandum in Support re No. 5 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 500 SEALED DOCUMENT(Memorandum in Support re No. 4 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 499 SEALED DOCUMENT (Memorandum in Support re No. 3 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 498 SEALED DOCUMENT (Memorandum in Support re No. 2 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 7, 2016 Opinion or Order Filing 497 SEALED DOCUMENT (Memorandum in Support re No. 1 Motion for Summary Judgment) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 4, 2016 Opinion or Order Filing 496 SEALED DOCUMENT (Exhibit 6 in support of Declaration in Support of Motions for Summary Judgment Nos. 1-5) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 7, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20, #10 Exhibit 21, #11 Exhibit 24, #12 Exhibit 25, #13 Exhibit 28, #14 Exhibit 32, #15 Exhibit 33, #16 Exhibit 34, #17 Exhibit 37) (jsp)
November 4, 2016 Opinion or Order Filing 495 SEALED DOCUMENT (Exhibit 1 in support of Declaration in Support of Motions to Exclude Testimony of Jarosz, Wolf and Freese) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12) (jsp) Modified on 11/7/2016. (jsp)
November 4, 2016 Opinion or Order Filing 494 SEALED DOCUMENT (Memorandum in Support re Motion to Exclude Professor Patrick Wolf Testimony) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 4, 2016 Opinion or Order Filing 493 SEALED DOCUMENT (Memorandum in Support re Motion to Exclude John Jarosz Testimony) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 4, 2016 Opinion or Order Filing 492 SEALED DOCUMENT (Memorandum in support re Motion to Exclude Dr. John P. Freese Testimony) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #447 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 4, 2016 Opinion or Order Filing 491 SEALED DOCUMENT (Memorandum in Support of Daubert Motion re Mark J. Chandler) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #448 Order on Motion for Leave to File Documents Under Seal. (Attachment: #1 Exhibits in Support) (jsp)
November 4, 2016 Opinion or Order Filing 490 SEALED DOCUMENT (Declaration of Susan Y. Tull) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #448 Order on Motion for Leave to File Documents Under Seal. (Attachment: #1 Exhibits in Support) (jsp)
November 4, 2016 Opinion or Order Filing 489 SEALED DOCUMENT (Memorandum in support of Daubert Motion re Dr. Kovacs) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #448 Order on Motion for Leave to File Documents Under Seal. (Attachment: #1 Exhibits in Support) (jsp)
November 4, 2016 Opinion or Order Filing 488 SEALED DOCUMENT (Memorandum) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #448 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 4, 2016 Opinion or Order Filing 487 SEALED DOCUMENT (Appendix) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #448 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 4, 2016 Opinion or Order Filing 486 SEALED DOCUMENT (Statement of Material Facts) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #448 Order on Motion for Leave to File Documents Under Seal. (jsp)
November 3, 2016 Opinion or Order Filing 485 DECLARATION of Dr. Sandor Kovacs re #471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent), #468 MOTION for Summary Judgment No. 1 (Non-Infringement), #474 MOTION for Summary Judgment No. 3 ("Form Factor Claims") by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (McPhie, David) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 484 DECLARATION of Dr. Ronald Berger re #480 MOTION for Summary Judgment No. 5 (Anticipation by Ventak), #474 MOTION for Summary Judgment No. 3 ("Form Factor Claims"), #477 MOTION for Summary Judgment No. 4 (Double Patenting), #471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (McPhie, David) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 483 DECLARATION in Support re #480 MOTION for Summary Judgment No. 5 (Anticipation by Ventak), #468 MOTION for Summary Judgment No. 1 (Non-Infringement), #474 MOTION for Summary Judgment No. 3 ("Form Factor Claims"), #477 MOTION for Summary Judgment No. 4 (Double Patenting), #471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40) (McPhie, David) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 482 REDACTION to #480 MOTION for Summary Judgment No. 5 (Anticipation by Ventak) (Concise Statement of Material Facts in Support of Motion for Summary Judgment No. 5 (Anticipation by Ventak)) by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 481 REDACTION to #480 MOTION for Summary Judgment No. 5 (Anticipation by Ventak) (Memorandum in Support of Motion for Summary Judgment No. 5 (Anticipation by Ventak))by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 480 MOTION for Summary Judgment No. 5 (Anticipation by Ventak) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 479 REDACTION to #477 MOTION for Summary Judgment No. 4 (Double Patenting) (Concise Statement of Material Facts in Support of Motion for Summary Judgment No. 4 (Double Patenting))by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 478 REDACTION to #477 MOTION for Summary Judgment No. 4 (Double Patenting) (Memorandum in Support of Motion for Summary Judgment No. 4 (Double Patenting) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Appendix A1-5) (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 477 MOTION for Summary Judgment No. 4 (Double Patenting) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 476 REDACTION to #474 MOTION for Summary Judgment No. 3 ("Form Factor Claims") (Concise Statement of Material Facts in Support of Motion for Summary Judgment No. 3 ("Form Factor Claims")) by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 475 REDACTION to #474 MOTION for Summary Judgment No. 3 ("Form Factor Claims" 9Memorandum in Support of Motion for Summary Judgment No. 3 ("Form Factor Claims") by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 474 MOTION for Summary Judgment No. 3 ("Form Factor Claims") by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 473 REDACTION to #471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent) Concise Statement of Material Facts in Support of Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (McPhie, David)
November 3, 2016 Opinion or Order Filing 472 REDACTION to #471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent) Memorandum in Support of Motion for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (McPhie, David)
November 3, 2016 Opinion or Order Filing 471 MOTION for Summary Judgment No. 2 (Claim 17 of the '454 Patent) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 470 REDACTION to #468 MOTION for Summary Judgment No. 1 (Non-Infringement) (Concise Statement of Material Facts in Support of Motion for Summary Judgment No. 1 (Non-Infringement)) by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 469 REDACTION to #468 MOTION for Summary Judgment No. 1 (Non-Infringement) (Memorandum in Support of Motion for Summary Judgment No. 1 (Non-Infringement))by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 468 MOTION for Summary Judgment No. 1 (Non-Infringement) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 467 REDACTION to #465 MOTION for Summary Judgment on Collateral Estoppel (Memorandum of Law in Support of Motion for Summary Judgment) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 466 REDACTION to #465 MOTION for Summary Judgment on Collateral Estoppel (Concise Statement of Undisputed Material Facts in Support) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Appendix to Concise Statement) (DeCourcy, Dara) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 465 MOTION for Summary Judgment on Collateral Estoppel by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
November 3, 2016 Opinion or Order Filing 464 REDACTION to #463 Redacted Document (Declaration of Susan Y. Tull in Support of Daubert Motion to Exclude Improper Expert Testimony of Mark J. Chandler) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit A-C) (DeCourcy, Dara) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 463 REDACTION (Memorandum of Law in Support) to #462 MOTION Exclude Improper Expert Testimony of Mark J. Chandler by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 462 DAUBERT MOTION to Exclude Improper Expert Testimony of Mark J. Chandler by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 461 REDACTION to #460 Brief in Support of Motion (Declaration of Susan Y. Tull in Support of Daubert Motion to Exclude Improper Expert Testimony of Dr. Wayne McDaniel) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit Exhibits A-D) (DeCourcy, Dara) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 460 BRIEF in Support re #459 Daubert Motion to Exclude Improper Expert Testimony of Dr. Wayne McDaniel filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 459 DAUBERT MOTION to Exclude Improper Expert Testimony of Dr. Wayne McDaniel by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 458 DECLARATION in support re #454 MOTION To Exclude the Testimony of Professor Patrick Wolf, #452 MOTION Exclude the Testimony of Dr. John P. Freese, #457 Redacted Document, #456 Redacted Document, #455 Redacted Document, #453 MOTION To Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz, by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (McPhie, David) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 457 REDACTION to #454 MOTION To Exclude the Testimony of Professor Patrick Wolf (Memorandum In Support Of Its Motion To Exclude Testimony Of Professor Patrick Wolf) by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 456 REDACTION to #453 MOTION To Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz (Memorandum In Support Of Its Motion To Exclude The Testimony Of Philips's Damages Expert, Mr. John Jarosz) by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 455 REDACTION to #452 MOTION Exclude the Testimony of Dr. John P. Freese (Memorandum In Support of Its Motion To Exclude The Testimony of Dr. John P. Freese) by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 454 MOTION To Exclude the Testimony of Professor Patrick Wolf by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 453 MOTION To Exclude the Testimony of Philips's Damages Expert, Mr. John Jarosz by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 452 MOTION Exclude the Testimony of Dr. John P. Freese by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
November 3, 2016 Opinion or Order Filing 451 REDACTION to #450 Redacted Document (Declaration of Susan Y. Tull in Support of Philips' Motion) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1-8) (DeCourcy, Dara) Modified on 11/8/2016. (jsp)
November 3, 2016 Opinion or Order Filing 450 REDACTION to #449 MOTION To Exclude Expert Testimony of Dr. Sandor Kovacs (Memorandum in Support of Motion to Exclude Expert Testimony of Dr. Sandor Kovacs) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 11/4/2016. (jsp)
November 3, 2016 Opinion or Order Filing 449 MOTION To Exclude Expert Testimony of Dr. Sandor Kovacs by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
November 2, 2016 Opinion or Order Filing 448 ORDER granting #446 Plaintiffs' Unopposed Motion for Leave to File Documents Under Seal; Plaintiffs may file under seal their Daubert motions, motions for summary judgment, supporting memoranda, and accompanying exhibits that contain Confidential Information. The unredacted versions of the comments and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 11/2/16. (jg)
November 2, 2016 Opinion or Order Filing 447 ORDER granting #444 Defendant's Unopposed for Leave to File Documents Under Seal; ZOLL Lifecor Corporation ("ZOLL Lifecor") may file under seal its Daubert motions, motions for summary judgment, and accompanying exhibits that contain Confidential Information. The unredacted versions of the comments and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 11/2/16. (jg)
November 2, 2016 Opinion or Order Filing 446 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
November 2, 2016 Opinion or Order Filing 445 ORDER indicating that that Plaintiffs' Motion Seeking Clarification of Permitted Lengths of Briefs in Support of Summary #441 is denied; that all motions for summary judgment shall comply with the Court's Practices and Procedures; that the parties shall comply with all deadlines set forth in the Court's Amended Scheduling Order entered on 10/4/16 #440 . Signed by Judge Nora Barry Fischer on 11/2/16. (jg)
November 2, 2016 Opinion or Order Filing 444 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
November 2, 2016 Opinion or Order Filing 443 RESPONSE ("Opposition")to Motion re #441 MOTION Seeking Clarification of Permitted Lengths of Briefs in Support of Summary Judgment filed by ZOLL LIFECOR CORPORATION. (Attachment: #1 Exhibit A) (Wagner, Robert) Modified on 11/3/2016. (jsp)
November 2, 2016 Opinion or Order Filing 442 ORDER Response/Briefing Schedule re #441 Plaintiffs' Motion for Clarification of Permitted Lengths of Briefs in Support of Summary Judgment: Defendant's Response to said Motion is due by 12:00 PM on 11/2/16. Signed by Judge Nora Barry Fischer on 11/2/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
November 1, 2016 Opinion or Order Filing 441 MOTION Seeking Clarification of Permitted Lengths of Briefs in Support of Summary Judgment by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Appendix 1, #2 Proposed Order) (Mroz, David) Modified on 11/2/2016. (jsp)
October 4, 2016 Opinion or Order Filing 440 AMENDED SCHEDULING ORDER indicating that that the Amended Scheduling Order #295 is further amended as follows: Motions for summary judgment and Daubert motions; opening briefs in support thereof due 11/3/16; Opposition briefs opposing motions for summary judgment and Daubert motions due 12/1/16; Reply briefs in support of motions for summary judgment and Daubert motions due 12/16/16; Sur-reply briefs opposing motions for summary judgment and Daubert motions due 12/22/16; that despite Mr. Gindlers pre-planned vacation, given the depth of Defendant's trial team, the Court shall convene a Hearing and Oral Argument on the parties' Daubert Motions, as well as any Motions for Summary Judgment on 1/10/17 at 9:00 a.m., and continuing on January 11-12, 2017, as needed in Courtroom 5B before the Honorable Nora Barry Fischer; At this time, the Court anticipates that Special Master Peterson will prepare a report and recommendation for the Court on technical summary judgment motions, given his familiarity with the technology of the patents-in-suit. The Court will address the parties' Daubert motions in the first instance. However, this is subject to change, with notice to counsel, given the Court's docket, the press of other matters, and the number of vacancies on this Court. Signed by Judge Nora Barry Fischer on 10/4/16. (jg) Modified on 10/5/2016. (jg)
October 3, 2016 Opinion or Order Filing 439 JOINT STATUS REPORT (Report Regarding Scheduling Pursuant to Document No. #438 ) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
September 28, 2016 Opinion or Order Filing 438 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 9/28/16 (details of proceeding more fully stated in memo). (Court Reporter: None) (sks)
September 27, 2016 Opinion or Order Filing 437 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 9/22/2016. (Infante, Edward)
September 27, 2016 Opinion or Order Filing 436 ORDER indicating that counsel having advised the Court that this matter proceeded to mediation but did not resolve, it is hereby ordered that a telephonic status conference is scheduled for September 28, 2016, at 10:30 AM. Signed by Judge Nora Barry Fischer on 09/27/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sks)
September 2, 2016 Opinion or Order Filing 435 ORDER granting #434 Motion to Withdraw of Attorney Denise W. DeFranco as counsel for Plaintiffs. Signed by Judge Nora Barry Fischer on 9/2/16. (jg)
September 2, 2016 Opinion or Order Filing 434 MOTION to Withdraw as Attorney by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeFranco, Denise)
August 26, 2016 Opinion or Order Filing 433 ORDER indicating that upon consideration of the Parties' Joint Motion for Leave to Substitute Neutral, it is hereby ordered that the Parties' Motion is granted. The Court appoints Judge Edward A. Infante (Ret.) to serve as the neutral in this case and withdraws its previous appointment of Mr. James Kyper, Esq. as the neutral. Signed by Judge Nora Barry Fischer on 8/26/16. (jg)
August 26, 2016 Opinion or Order Filing 432 Joint MOTION for Leave to Substitute Neutral re #431 Order by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (Mroz, David) Modified on 8/29/2016. (jsp)
August 19, 2016 Opinion or Order Filing 431 ORDER indicating that upon consideration of two opinions filed by the Court of Appeals for the Federal Circuit that are related to the issues in the instant case, Koninklijke Philips N.V., et al v. Zoll Medical Corporation, Case Nos. 2014-1764, 2014-1791 (Fed. Cir. Jul. 28, 2016) and Respironics, Inc., v. Zoll Medical Corporation, Case No. 2015-1485 (Fed. Cir. Jul. 29, 2016), and the Court's Order directing the parties to meet and confer and file a joint status report as to their positions relative to alternative dispute resolution, (Docket No. #426 ), the parties' response thereto, (Docket No. #429 ), and the parties having agreed to the appointment of James Kyper, Esq. as neutral in forthcoming mediation efforts, this case is referred to Mediation with Mr. Kyper; the ADR Conference shall be completed by 9/30/16; David K. Mroz, Esq. is designated as lead counsel and he will insure that the date, time and location of the ADR session as well as the principals from each party, and insurance representatives, with full settlement authority, who will be in attendance at the ADR session, has been electronically filed with the Court by August 26, 2016; pending mediation before James Kyper, Esq., all other deadlines are stayed; the Hearing and Oral Argument currently scheduled for December 6 & 7, 2016 in Courtroom 5B is continued until further order of Court. Signed by Judge Nora Barry Fischer on 8/19/2016. (bdk)
August 15, 2016 Opinion or Order Filing 430 Errata re #429 Joint Report by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. Reason for Correction: Signature did not match filer. (DeCourcy, Dara) Modified on 8/16/2016. (jsp)
August 15, 2016 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #429 Joint Report. ERROR: Signature on document (McCammon) and filer (DeCourcy) do not match. CORRECTION: Attorney advised of signature requirements. Attorney to promptly resubmit the document using the Errata event located under "Other Documents" in the electronic filing system. Filer should link the Errata to Document #429 . This message is for informational purposes only. (jsp)
August 12, 2016 Opinion or Order Filing 429 JOINT REPORT of the Parties in Response to #426 July 29, 2016 Order by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 8/15/2016. (jsp)
August 8, 2016 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #427 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised that all future motions require a proposed order as an attachment to the motion. This message is for informational purposes only. (jv)
August 5, 2016 Opinion or Order Filing 428 ORDER granting #427 Motion for Luke J. McCammon, Esquire to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Judge Nora Barry Fischer on 8/5/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
August 5, 2016 Opinion or Order Filing 427 MOTION for attorney Luke J. McCammon to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4044749) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit Certificate of Good Standing) (McCammon, Luke)
August 1, 2016 Opinion or Order Joint Status Report due by 8/12/2016 (jsp)
July 29, 2016 Opinion or Order Filing 426 ORDER that lead trial counsel and the parties' principals shall meet and confer and file a Joint Status Report as to their positions and selection of a neutral relative to referral of the instant matter to alternative dispute resolution at this time. Said Report shall be filed on the Court's docket no later than Friday, August 12, 2016 at 5:00 p.m. (Details more fully stated in Order). Signed by Judge Nora Barry Fischer on 7/29/2016. (drm)
July 19, 2016 Opinion or Order Filing 425 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE held on June 6, 2016 before Judge Nora Barry Fischer. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 7/26/2016. Redaction Request due 8/9/2016. Redacted Transcript Deadline set for 8/19/2016. Release of Transcript Restriction set for 10/17/2016. (kme)
June 13, 2016 Opinion or Order Filing 424 ORDER APPOINTING SPECIAL MASTER indicating that upon consideration of the parties' representations made during the 6/6/16 Status Conference #422 , wherein the they informed the Court of their forthcoming Daubert and Summary Judgment motions in the above-captioned case and the Court's Third Amended Scheduling Order setting Hearing and Oral Argument on the parties' Daubert and Summary Judgment motions for December 6-7, 2016 #423 , and the Court having contacted Mr. Peterson to confirm he has no conflict with once again serving as Special Master in this case and that he is available to accept said appointment, it is further that the Court hereby appoints Gale R. Peterson, Esquire, as Special Master (Special Master) in this matter for the limited purposes outlined in this Order (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 6/13/16. (jg)
June 7, 2016 Opinion or Order Filing 423 THIRD AMENDED SCHEDULING ORDER indicating that the Amended Scheduling Order #295 )is further amended as follows: A. Expert Discovery: Parties shall adhere to the following schedule (all deadlines set at 5 p.m. Eastern time): 1. 6/30/16: Supplement to opening expert reports due; 2. 7/21/16: Supplement to rebuttal expert reports due; 3.8/25/16: Close of expert discovery; B. Motions for summary judgment and Daubert motions: Parties shall adhere to the following schedule: 1. 9/29/16: Motions for summary judgment and Daubert motions; opening briefs in support thereof; 2. 10/27/16: Opposition briefs opposing motions for summary judgment and Daubert motions; 3. 11/10/16: Reply briefs in support of motions for summary judgment and Daubert motions; 4. 11/17/16: Sur-reply briefs opposing motions for summary judgment and Daubert motions; C. Oral Argument: The Court shall convene a Hearing and Oral Argument on the parties Daubert Motions as well as any Motions for Summary Judgment on 12/6/16, at 9:00 a.m., and continuing on 12/7/16, as needed in Courtroom 5B before the Honorable Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 6/6/16. (jg)
June 7, 2016 Opinion or Order Filing 422 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 6/6/16 (details of proceeding more fully stated in memo); An appropriate Order follows. (Court Reporter: K. Earley) (jg)
June 2, 2016 Opinion or Order Filing 421 JOINT STATUS REPORT of the Parties for June 6, 2016 Status Conference by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 6/3/2016. (jsp)
June 1, 2016 Opinion or Order Set/Reset Hearings: Status Conference set for 6/6/2016 11:00 AM in Courtroom 5B before Judge Nora Barry Fischer. (jsp)
May 31, 2016 Opinion or Order Filing 420 ORDER granting #419 Motion to Modify. It is hereby ordered that the Status Conference previously set for Friday, June 3, 2016 at 1:00 p.m. is rescheduled for Monday, June 6, 2016 at 11:00 a.m. Signed by Judge Nora Barry Fischer on 5/31/2016. (drm)
May 31, 2016 Opinion or Order Filing 419 MOTION to Modify Status Conference Date re #418 Order, by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 6/1/2016. (jsp)
May 24, 2016 Opinion or Order Filing 418 ORDER indicating that in light of the Court's ruling relative to the parties' supplemental claim construction dispute (Docket Nos. #416 #417 ), and the fact that the Court previously stayed the summary judgment briefing schedule #365 , it is hereby ordered that lead trial counsel shall meet and confer and provide the Court with a proposed scheduling order no later than 6/2/16 at 12:00 p.m.; that lead trial counsel shall also provide a Joint Status Report no later than 6/2/16 at 12:00 p.m., addressing the status of discovery in this case, as well as the status of settlement negotiations between the parties; that the Court shall convene an in-person discovery status conference on 6/3/16 at 1:00 p.m. Lead trial counsel shall appear in person. Signed by Judge Nora Barry Fischer on 5/24/16. (jg)
May 24, 2016 Opinion or Order Filing 417 ORDER indicating that, after de novo review of the Special Master's initial Report and Recommendation #371 , Draft Report and Recommendation filed after remand #400 , Final Report and Recommendation #406 , and upon consideration of Defendant's Motion to Adopt-in-part and Modify-in-Part Special Master's Report and Recommendation on Remand Regarding Supplemental Claim Construction and brief (Docket Nos. [409 #410 ), Plaintiffs' response thereto #412 , Defendant's Reply #415 , and for the reasons included in the accompanying Memorandum Opinion #416 , it is hereby ordered that Defendant's Motion #409 is granted, in part, and denied, in part. Defendant's Motion is granted to the extent it requests that this Court adopt the Special Master's final Report and Recommendation #406 . Defendant's Motion is denied to the extent it seeks to modify the Special Master's Final Report and Recommendation #406 ; that the Special Master's Final Report and Recommendation #46 is adopted as the Opinion of this Court, and the term "connecting mechanism" is construed as more fully stated in the accompanying opinion. Signed by Judge Nora Barry Fischer on 5/24/16. (jg)
May 24, 2016 Opinion or Order Filing 416 MEMORANDUM OPINION indicating that, for reasons more fully stated within, Defendant's Motion to Adopt-in-part, and Modify-in-part Special Master's Report and Recommendation on Remand Regarding Supplemental Claim Construction #409 , is granted, in part, and denied, in part. Defendant's Motion is granted to the extent it requests that this Court adopt the Special Master's final Report and Recommendation #406 , and denied to the extent it seeks to modify same. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 5/24/16. (jg)
April 7, 2016 Opinion or Order Filing 415 REPLY BRIEF in support re #409 Motion to Adopt-in-Part and Modify-in-Part Special Master's Report and Recommendation On Remand Regarding Supplemental Claim Construction filed by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 4/8/2016. (jsp)
April 5, 2016 Opinion or Order Filing 414 ORDER granting #413 Defendant's Motion for Leave to File Reply Brief in Support of its Motion to Adopt-in-Part and Modify-in-Part Special Master's Report and Recommendation On Remand Regarding Supplemental Claim Construction; that said Reply Brief is due by 4/12/16. Signed by Judge Nora Barry Fischer on 4/5/16. (jg)
April 5, 2016 Opinion or Order Filing 413 MOTION for Leave to File Reply Brief in support of its' Motion to Adopt-in-Part and Modify-in-Part Special Master's Report and Recommendation On Remand Regarding Supplemental Claim Construction by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Proposed Order) (McPhie, David) Modified on 4/6/2016. (jsp)
March 30, 2016 Opinion or Order Filing 412 RESPONSE IN OPPOSITION to Zoll Lifecor's #409 Motion to Adopt-in-Part and Modify-in-Part Special Master's Report and Recommendation on Remand Regarding Supplemental Claim Construction filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 3/31/2016. (jsp)
March 17, 2016 Opinion or Order Filing 411 SEALED DOCUMENT (Memorandum) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #408 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6) (jsp)
March 16, 2016 Opinion or Order Filing 410 BRIEF in Support re #409 Motion to Adopt-In-Part and Modify-In-Part (Redacted) filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of David McPhie, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (McPhie, David) Modified on 3/17/2016. (jsp)
March 16, 2016 Opinion or Order Filing 409 MOTION to Adopt-in-Part and Modify-in-Part re #406 SPECIAL MASTER REPORT AND RECOMMENDATION filed by GALE R. PETERSON by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (McPhie, David) Modified on 3/17/2016. (jsp)
March 16, 2016 Opinion or Order Filing 408 ORDER granting #407 Defendant's Motion for Leave to File Document Under Seal; that ZOLL Lifecor Corporation ("ZOLL Lifecor") may file under seal its motion relating to the Special Master's Final Report and Recommendation (Dkt. No. #406 ), and accompanying briefing and exhibits that contain Confidential Information. The unredacted versions of the motion, brief, and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 3/16/16. (jg)
March 16, 2016 Opinion or Order Filing 407 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
March 2, 2016 Opinion or Order Filing 406 SPECIAL MASTER REPORT AND RECOMMENDATION Following the Court's Order Remanding Supplemental Claim Construction to Special Master #391 by GALE R. PETERSON. (Peterson, Gale) Modified on 3/4/2016. (jsp)
February 18, 2016 Opinion or Order Filing 405 Special Master Hearing Transcript of 1-21-16) by ZOLL LIFECOR CORPORATION (Wagner, Robert) Modified on 2/29/2016. (jsp)
February 16, 2016 Opinion or Order Filing 404 REDACTION to #400 SPECIAL MASTER REPORT AND RECOMMENDATION (Comments on Draft Report and Recommendation Following the Court's Order Remanding Supplemental Claim Construction) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of David McPhie, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (McPhie, David) Modified on 2/17/2016. (jsp)
February 16, 2016 Opinion or Order Filing 403 COMMENTS on Draft Report and Recommendation Regarding the Remand on Supplemental Claim Construction by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 2/17/2016. (jsp)
February 16, 2016 Opinion or Order Filing 402 ORDER granting #401 Defendant's Motion for Leave to File Documents Under Seal; Defendant may file under seal its comments to the Special Master's Draft Report and Recommendation and exhibits that contain Confidential Information. The unredacted versions of the comments and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 2/16/16. (jg)
February 15, 2016 Opinion or Order Filing 401 MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
February 3, 2016 Opinion or Order Filing 400 SPECIAL MASTER'S DRAFT REPORT AND RECOMMENDATION Following the Court's #391 Order Remanding Supplemental Claim Construction to Special Master by GALE R. PETERSON. (Peterson, Gale) Modified on 2/4/2016. (jsp)
January 15, 2016 Opinion or Order Filing 399 OPENING Claim Construction Brief ("Opposition") to Zoll Lifecor's #393 Remand Brief Regarding Supplemental Claim Construction filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit) (DeCourcy, Dara) Modified on 1/19/2016. (jsp)
January 15, 2016 Opinion or Order Filing 398 ORDER indicating that the Court having remanded the Special Master's Report and Recommendation for further consideration #391 , it is hereby ordered that Defendant's Motion to Adopt-In-Part, Modify-In-Part Special Master Report and Recommendation #375 is denied as moot. Signed by Judge Nora Barry Fischer on 1/15/16. (jg)
January 6, 2016 Opinion or Order Filing 397 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 15, 2015 before Judge Nora Barry Fischer. Court Reporter Sandra Wenger Goffe, Official Court Reporter, Telephone number 412-261-6254. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 1/13/2016. Redaction Request due 1/27/2016. Redacted Transcript Deadline set for 2/8/2016. Release of Transcript Restriction set for 4/5/2016. (sw)
December 30, 2015 Opinion or Order Filing 396 ORDER that in consideration of the Court's Order, (Docket No. #395 ), no further extensions shall be granted for the Special Master to convene a status conference or oral argument with lead trial counsel. Signed by Judge Nora Barry Fischer on 12/30/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drm)
December 30, 2015 Opinion or Order Filing 395 ORDER granting #394 Motion to Modify Scheduling Order. AND NOW, this 30th day of December, 2015, upon consideration of the parties' Joint Motion to Modify Scheduling Order, IT IS HEREBY ORDERED that the deadline in the Court's prior Order of December 15, 2015, (Docket No. #391 ), for the Special Master to convene a status conference or oral argument with lead trial counsel is extended until January 21, 2016. Signed by Judge Nora Barry Fischer on 12/30/2015. (drm)
December 30, 2015 Opinion or Order Filing 394 Joint MOTION to Modify #391 Order Referring Motion to Special Master by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
December 30, 2015 Opinion or Order Filing 393 OPENING Claim Construction Brief (Remand Brief Regarding Supplemental Claim Construction) filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of David McPhie, #2 Exhibit 1, #3 Exhibit 2) (McPhie, David)
December 15, 2015 Opinion or Order Filing 392 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 12/15/2015. (Details in Hearing Memorandum) (Court Reporter: S. Wenger) (drm)
December 15, 2015 Opinion or Order Filing 391 ORDER REFERRING MOTION TO SPECIAL MASTER: AND NOW, this 15th day of December, 2015, upon consideration of the Special Master's Report and Recommendation, (Docket No. #371 ), the parties' Comments, Motions, and associated briefing, (Docket Nos. #374 , #375 , #376 , #378 , #381 ), the Court's independent research on the issues at hand, the parties' arguments presented at the December 15, 2015 Telephonic Status Conference, (Docket No. #391 ), and Fed. R. Civ. P. 53(f)(1), the Court being of the mindset that the issues related to claim construction need to be fully ruled upon for this case to proceed despite Plaintiffs' objections to same, IT IS HEREBY ORDERED that Special Master Gale R. Peterson, Esq. shall reconsider his Report and Recommendation in light of the parties' forthcoming supplemental briefs. More details in Order. Signed by Judge Nora Barry Fischer on 12/15/2015. (drm)
December 14, 2015 Opinion or Order Filing 390 ORDER that upon consideration of the Special Masters Report and Recommendation, (Docket No. #371 ), Plaintiffs Comments on same that the Court construes as a Motion to Adopt the Special Masters Report, (Docket No. #374 ), Defendants Motion to Adopt-in-Part, Modify-in-Part the Special Masters Report and Recommendation, (Docket No. #375 ), the Plaintiffs response thereto, (Docket No. #378 ), and the Defendants Reply to Plaintiffs response, (Docket No. #381 ), IT IS HEREBY ORDERED that a telephonic status conference with lead counsel for the parties shall be held on December 15, 2015 at 10:00 a.m. Signed by Judge Nora Barry Fischer on 12/14/2015. (drm)
December 9, 2015 Opinion or Order Filing 389 ORDER granting #387 Motion for Morgan Chu, Esquire to Appear Pro Hac Vice on behalf of Defendant. Signed by Judge Nora Barry Fischer on 12/9/15. (jg)
December 9, 2015 Opinion or Order Filing 388 ORDER granting #386 Motion for Alan Heinrich, Esquire to Appear Pro Hac Vice on behalf of Defendant. Signed by Judge Nora Barry Fischer on 12/9/15. (jg)
December 8, 2015 Opinion or Order Filing 387 MOTION for attorney Morgan Chu to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3796446) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Proposed Order) (Chu, Morgan )
December 8, 2015 Opinion or Order Filing 386 MOTION for attorney Alan Heinrich to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3796444) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Proposed Order) (Heinrich, Alan)
December 4, 2015 Opinion or Order Filing 385 ORDER indicating that upon consideration of the Plaintiff's motion seeking leave to pursue expert discovery #382 , and the Defendant's opposition thereto #384 , it is hereby ordered that that Plaintiff's motion is denied. Signed by Judge Nora Barry Fischer on 12/4/15. (jg)
December 2, 2015 Opinion or Order Filing 384 RESPONSE to Motion re #382 MOTION Seeking Leave to Pursue Expert Discovery filed by ZOLL LIFECOR CORPORATION. (McPhie, David) Modified on 12/3/2015. (jsp)
November 25, 2015 Opinion or Order Filing 383 ORDER Response/Briefing Schedule re #382 Plaintiffs' Motion Seeking Leave to Pursue Expert Discovery: Defendant's Response to said Motion is due by 12/2/15. Signed by Judge Nora Barry Fischer on 11/25/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
November 25, 2015 Opinion or Order Filing 382 MOTION for Discovery Motion Seeking Leave to Pursue Expert Discovery by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
September 22, 2015 Opinion or Order Filing 381 REPLY BRIEF in support re #375 Motion filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 9/24/2015. (jsp)
September 22, 2015 Opinion or Order Filing 380 ORDER granting Defendant's Motion for Leave to File a Reply Brief; that Defendant may file its Reply Brief in Support of its #375 Motion to Adopt-in-Part and Modify-in-Part Special Masters Report and Recommendation Regarding Supplemental Claim Construction by no later than 9/29/15. Signed by Judge Nora Barry Fischer on 9/22/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
September 22, 2015 Opinion or Order Filing 379 MOTION for Leave to File Reply Brief in Support of #375 Motion to Adopt-in-Part and Modify-in-Part Special Master's Report and Recommendation Regarding Supplemental Claim Construction by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order) (Wagner, Robert) Modified on 9/24/2015. (jsp)
September 18, 2015 Opinion or Order Filing 378 RESPONSE IN OPPOSITION to Zoll Lifecor's to #375 Motion to Adopt-in-Part and Modify-in-Part the Special Master's Report and Recommendation Regarding Supplemental Claim Construction, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 9/22/2015. (jsp)
September 14, 2015 Opinion or Order Filing 377 SEALED DOCUMENT (Brief in Support) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #373 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (jsp)
September 14, 2015 Opinion or Order ORDER indicating that upon consideration of Defendant ZOLL LIFECOR CORPORATION's Motion to Adopt-in-Part and Modify-in-part, filed at #375 , #376 in response to SPECIAL MASTER REPORT AND RECOMMENDATION filed by Gale R. Peterson, filed at #371 , it is hereby ordered that Plaintiffs, Koninklijke Philips Electronics N.V. and Philips Electronics North America Corporation, shall file a Response to said Motion by no later than September 18, 2015. Signed by Judge Nora Barry Fischer on 9/14/15. (drm)
September 11, 2015 Opinion or Order Filing 376 BRIEF in Support re #375 Motion to Adopt-in-Part and Modify-in-Part (Redacted) filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of David McPhie, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (McPhie, David) Modified on 9/14/2015. (jsp)
September 11, 2015 Opinion or Order Filing 375 MOTION to Adopt-in-Part and Modify-in-Part re #371 SPECIAL MASTER REPORT AND RECOMMENDATION filed by GALE R. PETERSON by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David) Modified on 9/14/2015. (jsp)
September 11, 2015 Opinion or Order Filing 374 COMMENTS on Report and Recommendation on Zoll Lifecor's Supplemental Claim Construction Brief (Document #371 ) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 9/14/2015. (jsp)
September 10, 2015 Opinion or Order Filing 373 ORDER granting #372 Defendant's Motion for Leave to File Documents Under Seal; Defendant may file under seal its objections to the Special Master's Report and Recommendation and exhibits that contain ConfidentialInformation. The unredacted versions of the brief and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 9/10/15. (jg)
September 10, 2015 Opinion or Order Filing 372 MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
August 28, 2015 Opinion or Order Filing 371 SPECIAL MASTER REPORT AND RECOMMENDATION on ZOLL LIFECOR'S #364 SUPPLEMENTAL CLAIM CONSTRUCTION BRIEF by GALE R. PETERSON. (Peterson, Gale) Modified on 8/31/2015. (jsp)
August 14, 2015 Opinion or Order Filing 370 REPLY BRIEF re #366 Sealed Document, Opening Supplemental Claim Construction Brief filed by ZOLL LIFECOR CORPORATION. (McPhie, David)
August 7, 2015 Opinion or Order Filing 369 DECLARATION of Susan Y. Tull in Support of Philips's #367 Brief in Opposition to Zoll Lifecor's Opening Supplemental Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (DeCourcy, Dara) Modified on 8/10/2015. (jsp)
August 7, 2015 Opinion or Order Filing 368 DECLARATION of Dr. Patrick Wolf in Support of Philips's #367 Opposition to Zoll Lifecor's Opening Supplemental Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 8/10/2015. (jsp)
August 7, 2015 Opinion or Order Filing 367 BRIEF in Opposition to #364 Redacted Document (Zoll Lifecor's Opening Supplemental Claim Construction Brief) filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 8/10/2015. (jsp)
July 27, 2015 Opinion or Order Filing 366 SEALED DOCUMENT (Opening Supplemental Claim Construction Brief) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #363 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 KenKnight Declaration, #2 McPhie Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21) (jsp)
July 27, 2015 Opinion or Order Filing 365 ORDER indicating that the Court having granted Defendant leave to file a Supplemental Claim Construction Brief #361 , the Court having previously set forth a briefing schedule for summary judgment motions #295 , and as said summary judgment schedule would conflict with the pending supplemental claim construction proceedings, it is hereby ordered that the previously set forth summary judgment briefing schedule #295 is stayed, until further Order; that the Motion Hearing, currently set for 9/24/15 at 8:30 a.m., is postponed, until further Order. Signed by Judge Nora Barry Fischer on 7/27/15. (jg)
July 24, 2015 Opinion or Order Filing 364 REDACTION (Opening Supplemental Claim Construction Brief) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of Bruce KenKnight, Ph.D., #2 Declaration of David McPhie, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21) (McPhie, David) Modified on 7/27/2015. (jsp)
July 23, 2015 Opinion or Order Filing 363 ORDER granting #362 Defendant's Motion for Leave to File Documents Under Seal; that defendant may file under seal its Opening Supplemental Claim Construction Brief and exhibits that contain Confidential Information. Theunredacted versions of the brief and exhibits shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 7/23/15. (jg)
July 23, 2015 Opinion or Order Filing 362 MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
July 17, 2015 Opinion or Order Filing 361 ORDER upon consideration of the Defendant's Motion for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent #350 , Plaintiffs' Response #353 , Defendant's Reply Brief #357 , the Special Master Gale R. Petersons Report and Recommendation, recommending the Court grant Defendant's Motion #360 , Plaintiffs' email communication with Chambers that it does not intend to file objections to same, upon de novo review of the Report and Recommendation, and the agreed upon briefing schedule of the parties, it is hereby ordered that Defendant's Motion #350 is granted; that Defendant's Opening Supplemental Claim Construction Brief shall be filed by 7/24/15; that Plaintiffs' Responsive Brief shall be filed by 8/7/15; that Defendant's Reply Brief shall be filed by 8/14/15; that, as per the Court's prior Order Appointing Special Master Gale R. Peterson for Claim Construction #112 , the proceedings regarding Defendant's requested supplemental claim construction are referred to Special Master Peterson in the first instance. Signed by Judge Nora Barry Fischer on 7/17/15. (jg)
July 15, 2015 Opinion or Order Filing 360 SPECIAL MASTER REPORT AND RECOMMENDATION re #350 Zoll Lifecor's Motion for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent by GALE R. PETERSON. (Peterson, Gale) Modified on 7/16/2015. (jsp)
July 10, 2015 Opinion or Order Filing 359 ORDER granting #358 Motion to Withdraw as Attorney filed by ZOLL LIFECOR CORPORATION; Attorneys Christopher A. Vanderlaan and Christine M. Woodin terminated. Signed by Judge Nora Barry Fischer on 7/10/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
July 10, 2015 Opinion or Order Filing 358 MOTION to Withdraw as Attorney by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
July 9, 2015 Opinion or Order Filing 357 REPLY BRIEF in support re #350 Motion for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A) (McPhie, David) Modified on 7/10/2015. (jsp)
July 9, 2015 Opinion or Order Filing 356 ORDER granting #355 Defendant's Motion for Leave to File Reply Brief; that Defendant may file its Reply Brief in Support of its Motion for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent #350 by 7/10/2015. Signed by Judge Nora Barry Fischer on 7/9/15. (jg)
July 8, 2015 Opinion or Order Filing 355 MOTION for Leave to File Reply Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit A to the Reply Brief, #3 Proposed Order) (McPhie, David)
July 8, 2015 Opinion or Order Filing 354 ORDER indicating that upon consideration of the Defendant's Motion for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent #350 , Plaintiffs' Response in Opposition to same #353 , and the Court's Prior Order Appointing Special Master Gale R. Peterson for Claim Construction #112 , it is hereby ordered that, Defendants Motion #350 is referred to Special Master Peterson; that the Special Master shall contact Counsel for both parties to establish a schedule for conferences, if necessary, and proceed to issue a Report and Recommendation concerning Defendant's Motion #350 in accordance with the Court's Prior Order Appointing Special Master Gale R. Peterson for Claim Construction #112 . Signed by Judge Nora Barry Fischer on 7/8/15. (jg)
July 7, 2015 Opinion or Order Filing 353 BRIEF in Opposition re #350 Motion for Leave to File Supplemental Claim Construction Brief filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
July 7, 2015 Opinion or Order Filing 352 ORDER indicating that upon consideration of Defendant's Motion for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent #350 , the Court's briefing schedule regarding same #349 , the Court having previously set a Telephonic Post Expert Fact Discovery Status Conference for 7/14/15 at 4:30 p.m., and in consultation with the parties, it is hereby ordered that the Telephonic Post Expert Fact Discovery Status Conference for 7/14/15 at 4:30 p.m. is postponed until further order. Signed by Judge Nora Barry Fischer on 7/7/15. (jg)
June 29, 2015 Opinion or Order Filing 351 BRIEF in Support re #350 Motion for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit in Support of Motion for Leave to File Supplemental Claim Construction Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (McPhie, David)
June 29, 2015 Opinion or Order Filing 350 MOTION for Leave to File Supplemental Claim Construction Brief Based on Recent En Banc Federal Circuit Case Overruling Claim Construction Precedent by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (McPhie, David)
June 23, 2015 Opinion or Order Filing 349 ORDER indicating that upon consideration of the Joint Proposed Scheduling Order #348 , it is hereby ordered that the Proposed Order (Docket No. #348 -1) attached to the Joint Proposal is premature, given Defendant's intention to file a motion requesting leave to seek supplemental claim construction in light of recent Federal Circuit precedent by 7/29/15; that Plaintiffs' Response shall be filed by 8/6/15; that, in the event Defendant is successful in its request for leave, it would be the Court;s intent to refer the issue to Special Master Peterson, given the Court's upcoming civil and criminal trial schedule and the Special Master's correspondence with Chambers. Signed by Judge Nora Barry Fischer on 6/23/15. (jg)
June 22, 2015 Opinion or Order Filing 348 NOTICE of Joint Proposed Scheduling Order by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 6/23/2015. (jsp)
June 19, 2015 Opinion or Order Filing 347 ORDER indicating that upon consideration of Defendant's Motion for Reconsideration #321 , the filings in support and opposition to same, (Docket Nos. #322 , #334 , #335 , #341 ), Special Master Peterson's Report and Recommendation, recommending the Court deny the Motion #346 , noting the fact that no objections have been filed to said Report and Recommendation, and upon de novo review, it is hereby ordered that the Report and Recommendation #346 , is adopted; that Defendants Motion for Reconsideration #321 is denied; that a Telephonic Post Expert Fact Discovery Status Conference shall be held 7/14/15 at 4:30 PM. Signed by Judge Nora Barry Fischer on 6/19/15. (jg)
June 4, 2015 Opinion or Order Filing 346 SPECIAL MASTER REPORT AND RECOMMENDATION re #321 ZOLL LIFECOR Motion for Reconsideration by GALE R. PETERSON. (Peterson, Gale) Modified on 6/5/2015. (jsp)
June 4, 2015 Opinion or Order Filing 345 ORDER granting #344 Motion for Elizabeth Chenyi Tuan, Esquire to Appear Pro Hac Vice on behalf of Defendant. Signed by Judge Nora Barry Fischer on 6/4/15. (jg)
June 3, 2015 Opinion or Order Filing 344 MOTION for attorney Elizabeth Tuan to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3607736) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Proposed Order) (Tuan, Elizabeth )
June 2, 2015 Opinion or Order Filing 343 ORDER indicating that upon consideration of the Court's Order setting a Telephonic Post Expert Discovery Status Conference for 6/18/15 at 4:30 PM #295 , the pending Motion for Reconsideration #321 , which relates to expert discovery, and in consultation with the parties, it is hereby ordered that the Telephonic Post Expert Discovery Status Conference, currently set for 6/18/15 at 4:30 PM, is postponed, until further Order of Court, pending resolution of the pending Motion for Reconsideration, (Docket No. #321 ). Signed by Judge Nora Barry Fischer on 6/2/15. (jg) Modified on 6/3/2015. (jg)
May 28, 2015 Opinion or Order Filing 342 ORDER indicating that, upon consideration of the Defendant's Motion for Reconsideration #321 and the Court's Prior Order Appointing Special master Gale R. Peterson for Discovery #171 it is hereby ordered that, Defendant's Motion #321 is referred to Special Master Peterson. It is further ordered that the Special Master shall contact Counsel for both parties to establish a schedule for conferences, if necessary, and proceed to issue a Report and Recommendation concerning Defendant's Motion #321 in accordance with the Court's Prior Order Appointing Special master Gale R. Peterson for Discovery #171 . Signed by Judge Nora Barry Fischer on 5/28/15. (abo)
May 28, 2015 Opinion or Order Filing 341 SEALED DOCUMENT (Exhibit 1) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #336 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5) (jsp)
May 28, 2015 Opinion or Order Filing 340 REPLY BRIEF ("Reply") in support re #321 Motion for Reconsideration, filed by ZOLL LIFECOR CORPORATION. (Attachment: #1 Exhibit A) (jsp)
May 27, 2015 Opinion or Order Filing 339 REPLY BRIEF ("Reply") in support re #321 Motion for Reconsideration filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit Hefazi Declaration, #2 Exhibit Depo Transcript (excerpted) - Kaib, #3 Exhibit Berger Report, #4 Exhibit Berger Supp. Report, #5 Exhibit Email Chain, #6 Exhibit Condensed Depo Transcript - Kaib) (Wagner, Robert) Modified on 5/28/2015. (jsp)
May 27, 2015 Opinion or Order Filing 338 ORDER granting #337 Defendant's Motion for Leave to File Reply Brief; Defendant may file its Reply Brief In Support Of Its Motion For Reconsideration Of Philips's Motion For Leave To Supplement Expert Report With New Infringement Opinions On Claim 17 Of The '454 Patent #321 by 5/29/15. Signed by Judge Nora Barry Fischer on 5/27/15. (jg)
May 27, 2015 Opinion or Order Filing 337 MOTION for Leave to File Reply Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit Reply ISO Motion for Reconsideration, #2 Exhibit Hefazi Declaration, #3 Exhibit Depo Transcript (excerpted) - Kaib, #4 Exhibit Berger Report, #5 Exhibit Berger Supp. Report, #6 Exhibit Email chain, #7 Exhibit Condensed Depo Transcript - Kaib, #8 Proposed Order) (Wagner, Robert)
May 27, 2015 Opinion or Order Filing 336 ORDER granting #333 Defendant's Consent Motion for Leave to File Documents Under Seal; ZOLL Lifecor Corporation ("ZLC") may file under seal the exhibits to the Declaration of Nima Hefazi in support of ZLC's Motion for Leave to File a Reply Brief that contain Confidential Information. The unredacted versions of the exhibits to the Hefazi Declaration shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/27/15. (jg)
May 26, 2015 Opinion or Order Filing 335 SEALED DOCUMENT (Exhibit 1 re Susan Tull Declaration) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #328 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 7, #5 Exhibit 9, #6 Exhibit 10) (jsp)
May 26, 2015 Opinion or Order Filing 334 SEALED DOCUMENT (Opposition to Motion for Reconsideration) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #328 Order on Motion for Leave to File Documents Under Seal. (jsp)
May 26, 2015 Opinion or Order Filing 333 Consent MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
May 22, 2015 Opinion or Order Filing 332 REDACTION to #331 Redacted Document, (Declaration of Susan Y. Tull in Support of Philips's Opposition to Zoll Lifecor's Motion for Reconsideration of Philips's Motion for Leave to Supplement) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (DeCourcy, Dara) Modified on 5/26/2015. (jsp)
May 22, 2015 Opinion or Order Filing 331 REDACTION (Philips's Opposition to Zoll Lifecor's Motion for Reconsideration of Philips's Motion for Leave to Supplement the Opening Expert Report of Dr. Patrick Wolf) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 5/26/2015. (jsp)
May 22, 2015 Opinion or Order Filing 330 ORDER indicating that upon consideration of #329 NOTICE of Joint Proposed Order Regarding Modification of Case Schedule, the Court orders as follows: 1. Rebuttal expert reports shall be due 7 days after the Court's ruling on ZOLLLifecor's motion for reconsideration (Dkt. No. #321 ); 2. Following the Court's ruling on ZOLL Lifecor's motion for reconsideration, the parties shall promptly meet and confer to put together a revised case schedule. The parties shall submit a joint proposed scheduling order no later than 3 days after the Court' ruling on ZOLL Lifecor's motion for reconsideration. If the parties are unable to come up with a mutually agreeable schedule despite best efforts to meet and confer, the parties should instead submit competing proposals on that date. Signed by Judge Nora Barry Fischer on 5/22/15. (jg)
May 22, 2015 Opinion or Order Filing 329 NOTICE of Joint Proposed Order Regarding Modification of Case Schedule by ZOLL LIFECOR CORPORATION (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 5/26/2015. (jsp)
May 22, 2015 Opinion or Order Filing 328 ORDER granting #327 Plaintiffs' for Leave to File Documents Under Seal; Plaintiffs may file under seal their Opposition to Defendant's Motion for Reconsideration #321 and the unredacted exhibits to the supporting Declaration of Susan Y. Tull that contain Confidential Information. Plaintiffs shall publicly file redacted versions of their Opposition to Defendant's Motion for Reconsideration and the exhibits to the supporting Declaration of Susan Y. Tull that contain Confidential Information. The unredacted versions of Plaintiffs' Opposition and the exhibits to the Declaration of Susan Y. Tull shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/22/15. (jg)
May 22, 2015 Opinion or Order Filing 327 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
May 20, 2015 Opinion or Order Filing 326 ORDER indicating that upon consideration of Attorney Sneath's email communication with the Court that Plaintiffs' Counsel are unavailable for this afternoon's Telephonic Status Conference and given the Court's unavailability over the coming several weeks due to myriad criminal matters and a civil jury trial, it is hereby ordered that the telephonic status conference set for May 20, 2015 at 3:00 PM is cancelled; that the previously ordered proposed orders and a proposed agenda for said conference, which were to be due by 5/20/15 at 12:00 PM are no longer necessary; that the parties' positions as to the pending Motion for Reconsideration #321 , in the way of briefs and proposed orders, which, inter alia, set forth proposed timetables, shall be filed by 5/22/15; that the deadline for rebuttal expert reports, currently set for 5/21/15, is stayed, pending resolution of the Motion for Reconsideration #321 . Signed by Judge Nora Barry Fischer on 5/20/15. (jg)
May 19, 2015 Opinion or Order Filing 325 ORDER indicating that, upon consideration of Defendant's Emergency Motion for a Teleconference #324 , and it appearing that there is good cause to hold same, it is hereby ordered that a telephonic status conference shall be held on 5/20/15 at 3:00 PM. It is further ordered that counsel shall meet and confer and provide the Court with proposed orders and a proposed agenda for said conference, including a list of the attendees and a dial-in telephone number to be used for the status conference by 5/20/15 at 12:00 PM. Signed by Judge Nora Barry Fischer on 5/19/15. (abo)
May 19, 2015 Opinion or Order Filing 324 Emergency MOTION to Set a Telephone Status Conference by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
May 19, 2015 Opinion or Order Filing 323 ORDER Response/Briefing Schedule re #321 Defendant's Motion for Reconsideration of Phillips Motion for Leave to Supplement Expert Report with New Infringement Opinions on Claim 17 of the '454 Patent: Plaintiffs' Response to said Motion is due by 5/29/15. Signed by Judge Nora Barry Fischer on 5/19/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
May 19, 2015 Opinion or Order Filing 322 BRIEF in Support re #321 Motion for Reconsideration of Phillips Motion for Leave to Supplement Expert Report with New Infringement Opinions on Claim 17 of the '454 Patent filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration of Nima Hefazi, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Hefazi, Nima) Modified on 5/20/2015. (jsp)
May 19, 2015 Opinion or Order Filing 321 MOTION for Reconsideration of Phillips Motion for Leave to Supplement Expert Report with New Infringement Opinions on Claim 17 of the '454 Patent by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Hefazi, Nima) Modified on 5/20/2015. (jsp)
May 15, 2015 Opinion or Order Filing 320 ORDER granting #316 Plaintiffs' Motion for Leave to Supplement the Opening Expert Report of Dr. Patrick Wolf; that Plaintiffs are granted leave to supplement the Opening Report of Dr. Patrick Wolf with respect to claim 17 of U.S. Patent No. 5,607,454. Signed by Judge Nora Barry Fischer on 5/15/15. (jg)
May 14, 2015 Opinion or Order Filing 319 SEALED DOCUMENT (Exhibit 2 to #317 Declaration) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #315 Order on Motion for Leave to File Documents Under Seal. (jsp)
May 14, 2015 Opinion or Order Filing 318 SEALED DOCUMENT (Exhibit 1 to #317 Declaration) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #315 Order on Motion for Leave to File Documents Under Seal. (jsp)
May 14, 2015 Opinion or Order Filing 317 REDACTION (Declaration of Susan Y. Tull in Support of Motion for Leave to Supplement the Opening Expert Report of Dr. Patrick Wolf) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (DeCourcy, Dara) Modified on 5/15/2015. (jsp)
May 14, 2015 Opinion or Order Filing 316 MOTION for Leave to Supplement the Opening Expert Report of Dr. Patrick Wolf by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 5/15/2015. (jsp)
May 14, 2015 Opinion or Order Filing 315 ORDER granting #314 Plaintiffs' Unopposed for Leave to File Documents Under Seal; that in connection with their Motion for Leave to Supplement the Opening Expert Report of Dr. Patrick Wolf, Plaintiffs may file under seal the unredacted exhibits to the supporting Declaration of Susan Y. Tull that contain Confidential Information. Plaintiffs shall publicly file redacted versions of the exhibits to the supporting Declaration of Susan Y. Tull that containConfidential Information. The unredacted versions of the exhibits to the Declaration of Susan Y. Tull supporting Plaintiffs' Motion for Leave to Supplement the Opening Expert Report of Dr. Patrick Wolf shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/14/15. (jg)
May 14, 2015 Opinion or Order Filing 314 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
May 1, 2015 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #312 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised for future reference, to submit a proposed order as an attachment with the corresponding motion. No further action is required. This message is for informational purposes only. (jsp)
April 30, 2015 Opinion or Order Filing 313 ORDER granting #312 Motion for Nima Hefazi, Esquire to Appear Pro Hac Vice on behalf of Defendant. Counsel is advised that all motions submitted to the Court require and attached proposed order for the Court's consideration. Signed by Judge Nora Barry Fischer on 4/30/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
April 30, 2015 Opinion or Order Filing 312 MOTION for attorney Nima Hefazi to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3571911) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit) (Hefazi, Nima)
April 29, 2015 Opinion or Order Filing 311 ORDER Regarding Philip's Motion to Precluded Defenses based on Lifcor Prior Are or in the Alternative, Reopen Fact Discovery (terminating #299 Motion for Discovery) (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 4/29/15. (jg)
April 28, 2015 Opinion or Order Filing 310 NOTICE of Joint Proposed Order Regarding Philips's Motion to Preclude Defenses Based On Lifecor Prior Art Or In The Alternative, Reopen Fact Discovery by ZOLL LIFECOR CORPORATION re #299 Motion for Discovery, #305 Order Referring Motion to Special Master (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 4/29/2015. (jsp)
April 27, 2015 Opinion or Order Filing 309 SEALED DOCUMENT by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 8, #6 Exhibit 11, #7 Exhibit 26, #8 Exhibit 27, #9 Exhibit 28, #10 Exhibit 30, #11 Exhibit 32, #12 Exhibit 34, #13 Exhibit 35) (jsp)
April 24, 2015 Opinion or Order Filing 308 RESPONSE IN OPPOSITION to #299 Motion for Discovery, filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 DeJong Declaration, #2 Woodin Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36) (Wagner, Robert) Modified on 4/27/2015. (jsp)
April 23, 2015 Opinion or Order Filing 307 ORDER granting Defendant's unopposed #306 MOTION for Leave to File Documents Under Seal and that Defendant may file under seal the unredacted Response in Opposition to Philips's Motion to Preclude Defenses Based on LifeCor Prior Art, or in the Alternative, Reopen Fact Discovery ("Response"), and the exhibits to the corresponding Declaration of Christine Woodin ("Woodin Declaration") that contain Confidential Information. ZLC shall publicly file redacted versions of its Response, and the exhibits to the corresponding Woodin Declaration that contain Confidential Information. The unredacted versions of ZLCs Response, and the exhibits to the corresponding Woodin Declaration, shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 4/23/15. (abo)
April 23, 2015 Opinion or Order Filing 306 MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
April 17, 2015 Opinion or Order Filing 305 ORDER REFERRING MOTION TO SPECIAL MASTER indicating that, upon consideration of the Plaintiffs' Motion to Preclude Defenses Based on "Lifecor Prior Art" or in the Alternative, Reopen Fact Discovery #299 and the Court's Prior Order Appointing Special master Gale R. Peterson for Discovery #171 , it is hereby ordered that, Plaintiffs' Motion #299 is referred to Special Master Peterson.It is further ordered that, upon the filing of Defendant's Response, currently due on 4/24/15 302 , the Special Master shall contact Counsel for both parties to establish a schedule for conferences, if necessary, and proceed to issue a Report and Recommendation concerning Plaintiffs' Motion #299 in accordance with the Court's Prior Order Appointing Special master Gale R. Peterson for Discovery #171 . Signed by Judge Nora Barry Fischer on 4/17/15. (abo)
April 14, 2015 Opinion or Order Filing 304 SEALED DOCUMENT (Exhibit 1) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #298 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7) (jsp)
April 14, 2015 Opinion or Order Filing 303 SEALED DOCUMENT (Memorandum) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #298 Order on Motion for Leave to File Documents Under Seal. (jsp)
April 14, 2015 Opinion or Order Filing 302 ORDER indicating that, upon consideration of Plaintiffs' "Motion to Preclude Defenses Based on "Lifecor Prior Art" or in the Alternative, Reopen Fact Discovery" Defendant shall file a Response by 4/24/2015. Signed by Judge Nora Barry Fischer on 4/14/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (abo) Modified on 4/15/2015. (jsp)
April 14, 2015 Opinion or Order Filing 301 REDACTION (Declaration of Susan Y. Tull in Support of Motion to Preclude Defenses Based on "Lifecor Prior Art," or in the Alternative, Reopen Fac Discovery) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (DeCourcy, Dara) Modified on 4/15/2015. (jsp)
April 14, 2015 Opinion or Order Filing 300 REDACTION (Memorandum in Support of Motion to Preclude Defenses Based on "Lifecor Prior Art," or in the Alternative, Reopen Fact Discovery) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 4/15/2015. (jsp)
April 14, 2015 Opinion or Order Filing 299 MOTION to Preclude Defenses Based on "Lifecor Prior Art" or in the Alternative, Reopen Fact Discovery TO PRECLUDE DEFENSES BASED ON LIFECOR PRIOR ART, OR IN THE ALTERNATIVE, REOPEN FACT DISCOVERY by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 4/15/2015. (jsp)
April 14, 2015 Opinion or Order Filing 298 ORDER granting #297 Plaintiff's Unopposed Motion for Leave to File Documents Under Seal and that Plaintiffs may file under seal the unredacted Memorandum in of Philips's Motion to Preclude Defenses Based on "LifeCor Prior Art," on in the Alternative Reopen Fact Discovery, and the exhibits to the corresponding Declaration of Susan Y. Tull contain Confidential Information. Plaintiffs shall publicly file redacted versions of their Memorandum in Support of Philips's Motion to Preclude Defenses Based on "LifeCor Prior Art." or in theAlternative, Reopen Fact Discovery, and the exhibits to the corresponding Declaration of Susan Y. Tull that contain Confidential Information. The unredacted versions 1f Plaintiffs' Memorandum in Support of Philips's Motion to Preclude Defenses Based on "LifeCor Prior Art," or in the Alternative, Reopen Fact Discovery, and the exhibits to the corresponding Declaration of Susan Y. Tull, shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 4/14/15. (jg)
April 14, 2015 Opinion or Order Filing 297 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
April 6, 2015 Opinion or Order Filing 296 Errata re #294 Joint Motion to Amend Schedule by ZOLL LIFECOR CORPORATION. Reason for Correction: Missing /s/ in signature. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 4/6/2015. (jsp)
April 3, 2015 Opinion or Order Filing 295 ORDER granting #294 Joint Motion to Amend Schedule: that the Second Amended Scheduling Order #292 is further amended as follows: A. Expert Discovery: Parties shall adhere to the following schedule: 1. Rebuttal expert reports due 5/21/15; 2. Expert Discovery ends 6/18/15; The Telephonic Post Expert Discovery Status Conference set for 6/12/15 at 4:30 PM is re-set for 6/18/15 at 3:00 PM; B. Motions for summary judgment: Parties shall adhere to the following schedule: 1. 7/23/15: Motions for summary judgments and opening briefs in support of motions for summary judgment; 2. 8/20/15: Responses and briefs opposing motion for summary judgnent; 3. Reply briefs due by 9/3/15; Surreplies due by 9/10/15; C. The Motion Hearing remains set for 9/24/15 at 8:30 AM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 4/3/15. (jg)
April 3, 2015 Opinion or Order Filing 294 Joint MOTION to Amend Schedule by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 4/6/2015. (jsp)
March 10, 2015 Opinion or Order Filing 293 Disclosure Statement identifying ZOLL LifeVest Holdings LLC, ZOLL Medical Corp., Asahi Kasei Corp. as corporate parent or other affiliate, by ZOLL LIFECOR CORPORATION. (Wagner, Robert)
March 3, 2015 Opinion or Order ORDER indicating that the Telephonic Post Expert Discovery Status Conference previously set for 4/10/15 at 4:30 PM is re-set for 6/12/15 at 4:30 PM before Judge Nora Barry Fischer. Ordered by Judge Nora Barry Fischer on 3/3/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
January 15, 2015 Opinion or Order Filing 292 ORDER granting #291 Joint Motion to Amend Schedule: that the Second Amended Scheduling Order #267 is further amended as follows: A. Expert Discovery: Parties shall adhere to the following schedule: 1. 3/26/15: Opening Expert reports due; 2. 4/30/15: Rebuttal expert reports due; 3. 6/11/15: Close of expert discovery; B. Motions for summary judgment: Parties shall adhere to the following schedule: 1. 7/23/15: Motions for summary judgments and opening briefs in support of motions for summary judgment; 2. 8/20/15: Responses and briefs opposing motion for summary judgnent; 3. Reply briefs due by 9/3/15; Surreplies due by 9/10/15; C. The Motion Hearing (previously set for 7/16/15 and 7/17/15) is re-set for 9/24/2015 at 8:30 AM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 1/15/15. (jg)
January 14, 2015 Opinion or Order Filing 291 Joint MOTION to Amend #267 Second Amended Scheduling Order by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 1/15/2015. (jsp)
January 6, 2015 Opinion or Order Filing 290 ORDER upon consideration of the Court's prior Scheduling Order #91 , the Court's prior Amended Scheduling Order #220 , and the Court's Second Amended Scheduling Order #267 , it is hereby ordered that the telephonic post expert status conference shall be held on 4/10/15 at 4:30 PM; that all other provisions of the Court's previous Scheduling order #91 , Amended Scheduling Order #220 , and Second Amended Scheduling Order #267 shall remain in effect. Signed by Judge Nora Barry Fischer on 1/6/15. (jg)
November 14, 2014 Opinion or Order Filing 289 ORDER indicating that, pursuant to the parties' joint proposal #288 , it is hereby ordered that the Court approves the stipulation that: "The parties agree that Philips will not elicit testimony at trial from any Philips fact witnesses regarding design alternatives to Philips's asserted patents (or any alleged lack thereof)." Signed by Judge Nora Barry Fischer on 11/14/14. (abo) Modified on 11/14/2014. (abo, )
November 14, 2014 Opinion or Order Filing 288 NOTICE of Joint Proposed Order Resolving Rule 30(B)(6) Testimony Dispute by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION (Attachments: #1 Proposed Order) (DeCourcy, Dara)
November 12, 2014 Opinion or Order Filing 287 SEALED DOCUMENT (Errata re #286 Sealed Document (Letter Brief) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #283 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit A, #2 Proposed Order) (jsp)
November 12, 2014 Opinion or Order Filing 286 SEALED DOCUMENT (Letter Brief) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #283 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (jsp)
November 12, 2014 Opinion or Order Filing 285 Errata re #284 Reply Brief Re Rule 30(b)(6) Depo of Philips on Revised Topic by ZOLL LIFECOR CORPORATION. Reason for Correction: Filed incorrect pleading. (Attachments: #1 Exhibit A, #2 Proposed Order) (Wagner, Robert)
November 10, 2014 Opinion or Order Filing 284 REDACTED REPLY BRIEF re #276 Notice, Letter Brief of Plaintiffs filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Proposed Order) (Wagner, Robert) Modified on 11/12/2014. (jsp)
November 10, 2014 Opinion or Order Filing 283 ORDER granting #282 MOTION for Leave to File Documents Under Seal; that Defendant may file under seal an unredacted version of its reply brief and Exhibit A to that reply brief regarding the deposition of Mr. Heyman that contain Confidential Information; Defendant shall publicly file a redacted version of its reply brief that contains Confidential Information; the unredacted documents shall remain under seal until further Order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 11/10/2014. (bdk)
November 10, 2014 Opinion or Order Filing 282 MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
November 7, 2014 Opinion or Order Filing 281 ORDER granting #280 Motion to Withdraw Appearances of Kurt L. Glitzenstein, Adam J. Kessel, Kevin J. DeJong, Brian K. Wells, Jenny Schmuel, Andrew R. Kopsidas, and Jennifer N. Scarpati of Fish & Richardson P.C. for Defendant ZOLL LIFECOR CORPORATION. Signed by Judge Nora Barry Fischer on 11/7/14. (jg)
November 7, 2014 Opinion or Order Filing 280 MOTION to Withdraw Appearances of Kurt L. Glitzenstein, Adam J. Kessel, Kevin J. DeJong, Brian K. Wells, Jenny Schmuel, Andrew R. Kopsidas, and Jennifer N. Scarpati of Fish & Richardson P.C. by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Glitzenstein, Kurt) Modified on 11/10/2014. (jsp)
November 7, 2014 Opinion or Order Filing 279 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 14, 2014 before Judge Nora Barry Fischer. Court Reporter Juliann A. Kienzle, Telephone number 412.261.6122. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/14/2014. Redaction Request due 11/28/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015. (jak, )
November 7, 2014 Opinion or Order Filing 278 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 24, 2014 before Judge Nora Barry Fischer. Court Reporter Juliann A. Kienzle, Telephone number 412.261.6122. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/14/2014. Redaction Request due 11/28/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015. (jak, )
November 4, 2014 Opinion or Order Filing 277 SEALED DOCUMENT (Letter Brief) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #275 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jsp)
November 3, 2014 Opinion or Order Filing 276 Letter Brief (Redacted) to Special Master Regarding Deposition Dispute by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION re #275 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Shaffer, Robert) Modified on 11/4/2014. (jsp)
November 3, 2014 Opinion or Order Filing 275 ORDER granting #274 Unopposed Motion for Leave to File Documents Under Seal; that Plaintiffs may file under seal an unredacted version of their letter brief and Exhibits A, B and C to that letter brief that contain Confidential Information. Plaintiffs shall publicly file a redacted version of their letter brief and exhibits that contain Confidential Information. The unredacted documents shall remain under seal until further Order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 11/3/14. (jg)
November 3, 2014 Opinion or Order Filing 274 Unopposed MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
November 3, 2014 Opinion or Order Filing 273 JOINT ORDER Regarding Streamlining of Asseted Claims and Prior Art, and Supplementation of Contentions (Details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 11/3/14. (jg)
October 31, 2014 Opinion or Order Filing 272 NOTICE of Joint Proposed Order by ZOLL LIFECOR CORPORATION (Attachments: #1 Proposed Order Regarding Streamlining of Asserted Claims and Prior Art, and Supplementation of Contentions, #2 Exhibit A, #3 Exhibit B) (Woodin, Christine)
October 30, 2014 Opinion or Order Filing 271 SEALED DOCUMENT by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #269 Order on Motion for Leave to File Documents Under Seal. (Attachment: #1 Exhibit A) (jsp)
October 30, 2014 Opinion or Order Filing 270 REDACTED DOCUMENT (Letter Brief to Special Master Regarding Deposition Dispute) by ZOLL LIFECOR CORPORATION re #269 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Re Heyman Deposition) (Wagner, Robert) Modified on 10/30/2014. (jsp)
October 29, 2014 Opinion or Order Filing 269 ORDER granting #268 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 10/29/14. (abo)
October 29, 2014 Opinion or Order Filing 268 Joint MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Sneath, Henry)
October 23, 2014 Opinion or Order Filing 267 SECOND AMENDED SCHEDULING ORDER indicating that upon consideration of the Joint Report of the Parties #265 , the Court's prior Scheduling Order #91 , the Court's prior Amended Scheduling Order #220 , and for good cause shown, it is hereby ordered that the Scheduling Order #91 and Amended Scheduling Order #220 are further amended as follows: A. Expert Discovery: Parties shall adhere to the following schedule: 1. Opening expert reports shall be due 1/22/15; 2. Rebuttal expert reports shall be due 2/25/15; 3. Expert discovery shall close 4/9/15; B. Motions for summary judgment: Motions for summary judgment shall comply with Local Rule 56. Parties shall adhere to the following schedule: 1. All motions for summary judgment and opening briefs in support of same shall be filed no later than 5/7/15 at 5:00 p.m.; 2. All responses thereto shall be filed no later than 6/4/15 at 5:00 p.m.; 3. All replies shall be filed no later than 6/18/15 at 5:00 p.m.; 4. All sur-replies shall be filed no later than 6/25/15 at 5:00 p.m.; C. Oral Argument: Argument on the above-listed motions, previously scheduled for 4/7/15, continuing to 4/8/15 as needed, shall be rescheduled to 7/16/15 at 9:00 a.m., continuing to 7/17/15, as needed, in Courtroom 5B, 5th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania; that all other provisions of the Courts previous Scheduling order #91 , and Amended Scheduling Order #220 , shall remain in effect. Signed by Judge Nora Barry Fischer on 10/23/14. (jg)
October 23, 2014 Opinion or Order Filing 266 ORDER indicating that upon consideration of the Order Appointing Special Master #262 , and email communications with Special Master Gale R. Peterson, Esq., it is hereby ordered that the Order Appointing Special Master #262 shall be expanded to encompass the parties' dispute regarding streamlining the case generally, including the limitation of asserted prior art references. Signed by Judge Nora Barry Fischer on 10/23/14. (jg)
October 21, 2014 Opinion or Order Filing 265 JOINT REPORT of the Parties by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 10/22/2014. (jsp)
October 17, 2014 Opinion or Order Filing 264 ORDER granting #263 Motion to Withdraw as Attorney on behalf of Plaintiff; Appearances of Attorneys Scott A. Allen and Eric C. Jeschke are withdrawn. Signed by Judge Nora Barry Fischer on 10/17/2014. (bdk)
October 16, 2014 Opinion or Order Filing 263 MOTION to Withdraw Appearances of Attorneys Scott A. Allen and Eric C. Jeschke by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (DeCourcy, Dara) Modified on 10/17/2014. (jsp)
October 15, 2014 Opinion or Order Filing 262 ORDER REFERRING CASE to Special Master. upon consideration of the parties' continuing dispute regarding limitation of asserted claims, the large number of criminal and civil matters that remain on this Court's docket, the inability of the parties to come to an agreement concerning this issue, making it apparent that a special master is necessary, the parties' communications with this Court that they have met and conferred and selected Gale R. Peterson, Esq., to serve as said Special Master, and Mr. Peterson's confirmation that he is available and willing to accept the Court's appointment as Special Master for this issue, it is hereby ordered as follows: The Court hereby appoints Gale R. Peterson, Esquire, as Special Master ("Special Master") in this matter for the limited purposes outlined in this Order; The Court previously received the Special Master's declaration confirming that he is aware of no grounds for disqualification under 28 U.S.C. 455 #126 ; The Special Master shall contact counsel for the parties and establish a schedule for conferences and proceed to issue a Report and Recommendation concerning Defendant's request to limit asserted claims and Plaintiffs' request to limit defenses, by no later than 11/7/14; Any party may file with the Court, within 14 days of the filing of the R&R, an objection to the R&R, setting forth the basis for such objection. Any party opposing such objection shall file a response thereto within 14 days of the filing of the objection. The failure to file a timely objection shall constitute a waiver of any objection; Other details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 10/15/14. (jg)
October 15, 2014 Opinion or Order Filing 261 ORDER indicating that upon consideration of the Defendant's letter to the Court of 10/14/14, the parties' positions at the Telephonic Status Conference of 10/14/14, and Special Master Gale R. Peterson, Esq.'s confirmation of his availability in a follow-up call #258 , it is hereby ordered that, pursuant to this Court's Order Appointing Special Master for Discovery #171 , designating Gale R. Peterson, Esq. as Special Master for Discovery in this case, the parties' current dispute regarding the Rule 30(b)(6) deposition testimony of Mr. Heyman is referred to Mr. Peterson, it is further ordered that Mr. Peterson provide a Report and Recommendation regarding this dispute by 11/21/14. Signed by Judge Nora Barry Fischer on 10/14/14. (jg)
October 15, 2014 Opinion or Order Filing 260 ORDER indicating that the parties shall file a joint proposed schedule for expert discovery and summary judgment proceedings, by 10/21/14 at 12:00 p.m. In the event that the parties cannot agree on a joint proposal, they shall file individual proposals, from which the Court will choose, on or before the same date and time. Signed by Judge Nora Barry Fischer on 10/14/14. (jg) Modified on 10/15/2014. (jg)
October 15, 2014 Opinion or Order Filing 259 ORDER indicating that that the parties shall meet and confer and provide a joint report to the court concerning the potential for a motion for summary judgment proceedings regarding collateral estoppel without expert discovery, by 10/21/14 at 12:00p.m. Signed by Judge Nora Barry Fischer on 10/14/14. (jg)
October 15, 2014 Opinion or Order Filing 258 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephone Conference with Special Master held on 10/14/14 indicating that the following matters were discussed: The Court first confirmed Mr. Peterson's availability to meet with the parties in the above-captioned case. Mr. Peterson indicated that he is still available to meet with the parties on 10/29/24. The Court then discussed the parties' dispute regarding limiting claims asserted. Mr. Peterson advised that he was willing to address this issue and would be able to produce a Report and Recommendation by 11/7/14. An appropriate order follows. The Court next addressed the parties' ongoing discovery dispute regarding the deposition of Mr. Heyman, indicating that it would like Mr. Peterson to address with the parties whether: (1) Mr. Heyman should be re-deposed; (2) another individual should be deposed; (3) Mr. Peterson should referee any such deposition; and (4) the parties could reach a mutually-agreeable stipulation in lieu of further 30(b)(6) depositions. Mr. Peterson indicated he is willing to handle this issue and that he would be able to produce a Report and Recommendation regarding same by 11/21/14. An appropriate order likewise follows. (Court Reporter: None) (jg)
October 15, 2014 Opinion or Order Filing 257 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 10/14/14 (details of proceeding more fully stated in memo); An appropriate order follows; Defendant's Counsel requested a copy of transcript, and the same was ordered by the Court to be produced, with the cost of same to be borne by Defendant. (Court Reporter: J. Kienzle) (jg)
October 10, 2014 Opinion or Order Filing 256 ORDER indicating that Defendant, Zoll Lifecor Corp., shall identify, in writing, any discovery dispute it believes is still outstanding, including 30(b)(6) deposition testimony, by 10/14/14 at 12:00 p.m. Signed by Judge Nora Barry Fischer on 10/10/14. (jg)
October 9, 2014 Opinion or Order Filing 255 STATUS REPORT Joint Report of the Parties for the Status Conference to be Held October 14, 2014 by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
September 24, 2014 Opinion or Order Filing 254 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Post Fact Discovery Status Conference held on 9/24/14 (details of matters discussed more fully stated in memo); After hearing the positions of both parties regarding Zoll's Motion to Limit the Number of Asserted Claims #248 and Plaintiffs' opposition thereto #252 , the attorneys agreed to meet and confer and to work on an agreed upon proposal for limiting the number of asserted claims and patents. To this end, Zoll will present its proposal to Plaintiffs by 10/6/14 and Philips will respond to same by 10/14/14. If the parties cannot reach agreement, the Court may refer them to meet and confer under the supervision of Special Master Gale R. Peterson in order to mediate their disputes and limit the number of claims and patents to be tried in this case. Counsel agreed that this procedure was reasonable if they were unable to reach an accord amongst themselves. Accordingly, Zoll's Motion #248 was denied, as moot; Given the potential for outstanding fact discovery and the parties participation in the meet and confer process to limit the number of patents and claims in this case, the deadlines for expert discovery, including the production of expert reports and expert depositions, were stayed by the Court; The Court set a follow-up status conference for 10/14/14 at 2:00 PM. The parties shall file a Joint Status Report by 5:00 p.m. on 10/9/14 providing their agenda for the conference and shall address all of the following: (1) the status of the meet and confer on asserted claims and patents; (2) if no agreement has been reached, a date and time for the meet and confer with the Special Master; (3) reset expert discovery deadlines; (4) summary judgment deadlines; and (5) any other matters that counsel would like to bring to the attention of the Court; The parties requested copies of today's transcript and the same was ordered by the Court to be produced by 10/24/14, with the costs of same to be borne equally by the parties (50/50). (Court Reporter: J. Kienzle) (jg)
September 24, 2014 Opinion or Order Filing 253 DECLARATION of Susan Y. Tull in support re #252 Response in Opposition to Motion to Limit the Number of Asserted Claims by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (DeCourcy, Dara) Modified on 9/25/2014. (jsp)
September 24, 2014 Opinion or Order Filing 252 RESPONSE IN OPPOSITION to Defendant's #248 Motion to Limit the Number of Asserted Claims, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 9/25/2014. (jsp)
September 24, 2014 Opinion or Order Filing 251 CLAIM CONSTRUCTION ORDER indicating that the disputed claims terms are construed as more fully indicated in said Order. Signed by Judge Nora Barry Fischer on 9/23/14. (jg)
September 24, 2014 Opinion or Order Filing 250 MEMORANDUM ORDER & OPINION indicating that, for reasons stated more fully within, the Court hereby adopts the Special Master's Recommended Claim Term Constructions #204 , as set forth in a Claim Construction Order to follow. Accordingly, it is hereby ordered as follows: 1. ZOLL LifeCor's objections. #210 are overruled; 2. ZOLL LifeCor's Motion to Adopt-in-Part and Modify-in-Part the Special Master's Final Report and Recommendation on Claim Construction #209 is granted-in-part, to the extent it seeks to adopt the Special Master's Recommendation regarding the preambles, and is denied-in-part, in all other regards; and 3. Philips's Motion to Adopt Final Report and Recommendation on Claim Construction #211 is granted. An appropriate Claim Construction Order follows. Signed by Judge Nora Barry Fischer on 9/23/14. (jg)
September 22, 2014 Opinion or Order ORDER Response/Briefing Schedule re #248 Defendant's Motion to Limit the Number of Asserted Claims: Plaintiffs' Response to said Motion is due by 10/6/14. Ordered by Judge Nora Barry Fischer on 9/22/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
September 19, 2014 Opinion or Order Filing 249 BRIEF in Support re #248 Motion to Limit the Number of Asserted Claims filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Wagner, Robert) Modified on 9/22/2014. (jsp)
September 19, 2014 Opinion or Order Filing 248 MOTION to Limit the Number of Asserted Claims by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
September 17, 2014 Opinion or Order Filing 247 MEMORANDUM ORDER indicating that, for reasons more fully stated within as Order the Special Master's Report and Recommendation #240 is adopted, in part, as the Opinion of the Court; that Defendant's Motion to Compel #205 is granted, in part, and denied, in part as more fully indicated in said Order; that all other provisions of the Court's previous Scheduling Order dated 7/24/13 #91 , as modified by the Court's later Orders dated 7/14/14 and 8/20/14 ( #191 and #220 ), shall remain in effect. Signed by Judge Nora Barry Fischer on 9/17/14. (jg)
September 15, 2014 Opinion or Order Filing 246 REPLY BRIEF in support re #209 Motion to Modify-in-Part & Adopt-in-Part Special Masters's Final Report & Recommendation on Claim Construction filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 9/16/2014. (jsp)
September 15, 2014 Opinion or Order Filing 245 ORDER granting #244 Motion for Leave to File Reply Brief filed by ZOLL LIFECOR CORPORATION; that Defendant's Reply Brief in Support of #209 Defendant's Motion to Adopt-in-Part and Modify-in-Part the Special Master's Report and Recommendation on Claim Construction #204 is due by 9/16/14. Signed by Judge Nora Barry Fischer on 9/15/14. (jg)
September 12, 2014 Opinion or Order Filing 244 MOTION for Leave to File Reply Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit Reply Brief, #2 Proposed Order) (Wagner, Robert)
September 8, 2014 Opinion or Order Filing 243 RESPONSE IN OPPOSITION to Plaintiffs' #237 Objections to the Special Master's Report and Recommendation filed by ZOLL LIFECOR CORPORATION. (Shmuel, Jenny) Modified on 9/9/2014. (jsp)
September 5, 2014 Opinion or Order Filing 242 ORDER indicating that upon consideration of Plaintiff's Objections, which were improperly filed as a Redaction in Response #237 , it is hereby ordered that the Court's prior Order #241 is vacated; that Defendant shall file a response to Plaintiffs Objections #237 on or before 9/12/14 at 12:00 p.m. Signed by Judge Nora Barry Fischer on 9/5/14. (jg)
September 5, 2014 Opinion or Order Filing 241 ORDER indicating that, upon consideration of Defendant's Motion to Compel #205 , Defendant's Brief in Support of Motion to Compel #206 , Plaintiff's Response #218 , and Defendant's Reply #224 , the Special Master's Report and Recommendation concerning said Motion #230 , #240 , and the absence of objections to the Special Master's Report and Recommendation, it is hereby ordered that the Special Master's Report and Recommendation is adopted as the Opinion of the Court. It is further ordered Defendant's Motion to Compel #205 is GRANTED, in part, and DENIED, in part as follows: 1. Defendant's motion is GRANTED to the extent that Plaintiff is hereby ordered to provide a Rule 30(b)(6) witness on Topics No. 35, 36, and 37 subject to the limitation that testimony will be limited to factual information relating to the issue of smallest salable patent-practicing unit. 2. Defendant's motion is DENIED to the extent that it seeks to compel Philips to produce a Rule 30(b)(6) on Topic No. 33 and is GRANTED to the extent that it seeks a complete narrative response to Interrogatory No. 13 on or before 9/24/2014. 3. Defendant's motion is GRANTED to the extent that Plaintiff is hereby ordered to produce a Rule 30(b)(6) on topic 11, as revised, namely the alleged advantages, if any, that Philips believes cannot be realized without practicing the asserted patents. 4. Defendant is advised that they should fully read and acquaint themselves with the prior related deposition testimony before conducting a deposition under the subject topic. It is finally ordered that all other provisions of the Court's previous Scheduling Order dated 7/24/2013 #91 , as modified by the Court's later Orders dated 7/14/2014 and 8/20/2014 #191 , #220 , shall remain in effect. Signed by Judge Nora Barry Fischer on 9/5/14. (abo)
September 4, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #230 Notice. ERROR: Wrong event selected. CORRECTION: Re-docketed as Special Master Report and Recommendation, the event of which is located under "Other Documents" in the electronic filing system. This message is for informational purposes only. (jsp)
September 2, 2014 Opinion or Order Filing 239 SEALED DOCUMENT by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #236 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (jsp)
September 2, 2014 Opinion or Order Filing 238 REDACTION to #237 Redacted Document Declaration of Susan Y. Tull in Support of Objections to Report and Recommendation by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit, #2 Exhibit) (DeCourcy, Dara)
September 2, 2014 Opinion or Order Filing 237 OBJECTIONS to #234 Response in Opposition to Report and Recommendation on Zoll Lifecor's Motion to Compel by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 9/4/2014. (jsp) Modified on 9/9/2014. (jsp)
September 2, 2014 Opinion or Order Filing 236 ORDER granting #235 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 9/2/14.(nlz)
September 2, 2014 Opinion or Order Filing 235 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
August 28, 2014 Opinion or Order Filing 234 RESPONSE IN OPPOSITION to #209 Motion to Modify-in-Part and Adopt-in-Part 204 SPECIAL MASTER REPORT AND RECOMMENDATION On Claim Construction, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
August 28, 2014 Opinion or Order Filing 233 RESPONSE IN OPPOSITION to #211 Motion to Adopt Final Report and Recommendation on Claim Construction re #204 SPECIAL MASTER REPORT AND RECOMMENDATION, filed by ZOLL LIFECOR CORPORATION. (Glitzenstein, Kurt)
August 27, 2014 Opinion or Order Filing 232 NOTICE of Withdrawal of Motion to Compel by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION re #226 Motion to Compel (DeCourcy, Dara)
August 27, 2014 Opinion or Order ORDER granting Plaintiffs' #232 Request to Withdraw #226 Motion to Compel. Ordered by Judge Nora Barry Fischer on 8/27/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
August 22, 2014 Opinion or Order Filing 240 SPECIAL MASTER REPORT AND RECOMMENDATION re #205 Motion to Compel and #206 Memorandum in Support by GALE R. PETERSON. (jsp) (Document previously filed electronically)
August 22, 2014 Opinion or Order Filing 231 SEALED DOCUMENT by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #229 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (jsp)
August 22, 2014 Opinion or Order Filing 230 NOTICE SPECIAL MASTERS REPORT AND RECOMMENDATION ON ZOLL LIFECOR CORPORATIONS MOTION TO COMPEL AND MEMORANDUM IN SUPPORT THEREOF (DKT. #205 AND #206 ) by GALE R. PETERSON (Peterson, Gale) Error: Wrong event selected. Document removed from public view and refiled. Modified on 9/4/2014. (jsp)
August 22, 2014 Opinion or Order Filing 229 ORDER granting #225 Plaintiff's Motion for Leave to File Documents Under Seal; Plaintiffs may file under seal the unredacted Motion to Compel and exhibits corresponding to the Tull declaration that contain Confidential Information. Plaintiffs shall publicly file redacted versions of their Motion to Compel and exhibits corresponding to the Tull declaration that contain Confidential Information. The unredacted versions of Plaintiffs' Motion to Compel and the exhibits corresponding to the Tull declaration that contain Confidential Information shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 8/22/14. (jg)
August 22, 2014 Opinion or Order Filing 228 DECLARATION re #227 Brief in Support of Motion to Compel by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (DeCourcy, Dara)
August 22, 2014 Opinion or Order Filing 227 BRIEF in Support re #226 Motion to Compel filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
August 22, 2014 Opinion or Order Filing 226 MOTION to Compel To Provide Prepared 30(b)(6) Witness by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
August 22, 2014 Opinion or Order Filing 225 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
August 21, 2014 Opinion or Order Filing 224 REPLY BRIEF ("Reply") in support re #205 Motion to Compel Philips to Provide 39(B)(6) Testimony filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1 - 30b6 Notice, #2 Exhibit 2 - Philips 3rd RFP 80-147, #3 Declaration (Wells)) (Wagner, Robert) Modified on 8/22/2014. (jsp)
August 21, 2014 Opinion or Order Filing 223 ORDER granting #222 Defendant's Motion for Leave to File a Reply Brief in Support of Defendant's Motion to Compel #205 ; that said Reply brief is due by 8/21/14. Signed by Judge Nora Barry Fischer on 8/21/14. (jg)
August 20, 2014 Opinion or Order Filing 222 MOTION for Leave to File a Reply Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit Wells Declaration, #3 Exhibit Wells 1, #4 Exhibit Wells 2, #5 Proposed Order) (Wagner, Robert)
August 20, 2014 Opinion or Order Filing 221 SEALED DOCUMENT (Opposition) by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #217 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (jsp)
August 20, 2014 Opinion or Order Filing 220 AMENDED SCHEDULING ORDER indicating that upon consideration of the Court's Prior Order Appointing Special Master Gale R. Peterson for Discovery #171 , the Court's prior Scheduling Order dated 7/24/13 #91 , the Court's prior Scheduling Order dated 7/14/14 granting the parties' Joint Motion to Reset Fact and Expert Discovery Schedule #191 , Defendant's Motion to Compel #205 , the parties' Joint Motion to Extend Discovery Deadlines #214 , and their Proposed Order regarding same #215 , it is hereby ordered as follows: (1) Plaintiff shall file a Response to Defendant's Motion to Compel #205 by no later than 8/19/14 at 5:00 PM; (2) The Special Master shall file a Report and Recommendation on Defendants Motion to Compel #205 by on or before 8/25/14 at 12:00 PM; (3) Any Objections to the Special Master's Report and Recommendation on Defendant's Motion to Compel #205 shall be filed by no later than 9/2/14 at 12:00 PM; It is further ordered as follows: (1) The deadline for completion of all fact discovery, previously set to close on 8/15/14, shall now be enlarged until 9/24/14, for good cause shown; (2) Any additional discovery motions by either party must be filed on or before 8/22/14 at 12:00 PM; (3) Any Response to such motions must be filed by on or before 8/27/14 at 12:00 PM; (4) Any such motions shall be referred to the Special Master; (5) The Special Master shall file his Report and Recommendation regarding all such motions by on or before 9/3/14 at 12:00 PM; (6) Any Objections to the Special Masters Report and Recommendation shall be filed by on or before 9/8/14 at 12:00 PM; (7) Any Responses to such Objections shall be filed on or before 9/12/14 at 12:00 PM; (8) The Telephonic Post Fact Discovery Status Conference previously scheduled for 8/20/14 at 2:004:00 PM shall be rescheduled for 9/24/14 at 2:00-4:00 PM; It is further ordered as follows: (1) Each party shall make its initial expert witness disclosures required by Federal Rule of Civil Procedure 26 on issues for which it bears the burden of proof by 10/17/14; (2) Each party shall make its rebuttal expert witness disclosures required by Federal Rule of Civil Procedure 26 on the issues for which the opposing party bears the burden of proof by 11/18/14; (5) The parties shall complete depositions of experts by 12/18/14; (6) The parties shall file a notice of intent to file any Daubert challenges within ten (10) days of receipt of the applicable deposition transcripts; (7) The parties shall complete expert discovery by 12/18/14; (8) The Telephonic Post Expert Discovery Status Conference previously scheduled for 11/24/14 at 4:006:00 PM, is now rescheduled for 12/29/14 at 1:303:30 PM. The parties shall be prepared to discuss settlement and the possibility of using a method of alternative dispute resolution; It is further ordered that motions for summary judgment shall comply with Local Rule 56. Parties shall adhere to the following schedule: (1) All motions for summary judgment shall be filed no later than 1/30/15 at 12:00 PM; (2) All responses thereto shall be filed no later than 3/2/15 at 12:00 PM; (3) All replies shall be filed no later than 3/23/15 at 12:00 PM; (4) Argument on the said motions, previously scheduled for 3/10/15 at 9:00 AM 5:00 PM, continuing to 3/11/15, as needed, shall be rescheduled for 4/7/15 at 9:00 AM 5:00 PM, continuing to 4/8/15 as needed, in Courtroom 5B, 5th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. To the extent that the parties intend to order the transcript of the Motion Hearing on an expedited basis, the parties shall notify the Court by no later than 3/23/14 at 12:00 PM; that all other provisions of the Court's previous Scheduling Order dated 7/24/13 #91 , shall remain in effect. Signed by Judge Nora Barry Fischer on 8/19/14. (jg)
August 19, 2014 Opinion or Order Filing 219 REDACTION (Declaration of Susan Y. Tull) to #218 Response in Opposition by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (DeCourcy, Dara) Modified on 8/20/2014. (jsp)
August 19, 2014 Opinion or Order Filing 218 RESPONSE IN OPPOSITION (Redacted to Defendant's Motion to Compel) to #205 Motion to Compel, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 8/20/2014. (jsp)
August 19, 2014 Opinion or Order Filing 217 ORDER granting #216 Plaintiffs' Motion for Leave to File Document Under Seal and that Plaintiffs may file under seal the unredacted Opposition to Zoll's Motion to Compel exhibits corresponding to the Tull declaration that contain Confidential Information. Plaintiffs shall publicly file redacted versions of their Opposition to Zoll's Motion to Compel and the exhibits corresponding to the Tull declaration that contain Confidential Information. The unredacted versions of Plaintiffs' Opposition to Zoll's Motion to Compel and the exhibits corresponding to the Tull declaration shall remain under seal until further order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 8/19/14. (jg)
August 19, 2014 Opinion or Order Filing 216 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
August 18, 2014 Opinion or Order Filing 215 Proposed Order re #214 Motion to Extend Discovery Deadlines by ZOLL LIFECOR CORPORATION. (Sneath, Henry) Modified on 8/19/2014. (jsp)
August 15, 2014 Opinion or Order Filing 214 Joint MOTION to Extend Discovery Deadlines by ZOLL LIFECOR CORPORATION. (Sneath, Henry) Modified on 8/18/2014. (jsp)
August 15, 2014 Opinion or Order ORDER indicating that upon consideration of the parties' Joint Motion to Extend Time #214 , it is hereby ordered that the parties shall re-file their Joint Motion with a proposed Order for the Court to sign. Signed by Judge Nora Barry Fischer on 8/15/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tql)
August 14, 2014 Opinion or Order Filing 213 Joint MOTION for Extension of Time to File a Proposed Amended Scheduling Order by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Glitzenstein, Kurt) Modified on 8/15/2014. (jsp)
August 14, 2014 Opinion or Order Filing 212 Proposed Order re #209 Motion to Modify-in-Part and Adopt-in-Part the Special Master's Final Report and Recommendation on Claim Construction by ZOLL LIFECOR CORPORATION. (Glitzenstein, Kurt)
August 14, 2014 Opinion or Order Filing 211 MOTION to Adopt Final Report and Recommendation on Claim Construction re #204 SPECIAL MASTER REPORT AND RECOMMENDATION filed by GALE R. PETERSON by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
August 14, 2014 Opinion or Order Filing 210 BRIEF in Support re #209 Motion to Modify-in-Part and Adopt-in-Part the Special Master's Final Report and Recommendation on Claim Construction filed by ZOLL LIFECOR CORPORATION. (Glitzenstein, Kurt)
August 14, 2014 Opinion or Order Filing 209 MOTION to Modify-in-Part and Adopt-in-Part #204 SPECIAL MASTER REPORT AND RECOMMENDATION On Claim Construction by ZOLL LIFECOR CORPORATION. (Glitzenstein, Kurt) Modified on 8/15/2014. (jsp)
August 14, 2014 Opinion or Order Filing 208 ORDER indicating that upon consideration of the Court's Prior Order Appointing Special Master Gale R. Peterson for Discovery #171 , the Court's Scheduling Order dated 7/14/14 #191 , Defendant's Motion to Compel Plaintiffs to Provide 30(b)(6) Testimony #205 , and the Court's Order Referring Motion to Special Master #207 , it is hereby ordered that the parties shall meet and confer with the Special Master and provide Court with a proposed Amended Scheduling Order to Amend the Court's prior Scheduling Order dated 7/14/14 #191 , in light of Defendant's Motion to Compel #205 , by no later than 8/14/14 at 5:00 PM. Signed by Judge Nora Barry Fischer on 8/14/14. (tql)
August 14, 2014 Opinion or Order Filing 207 ORDER REFERRING MOTION TO SPECIAL MASTER indicating that upon consideration of the Court's Prior Order Appointing Special Master Gale R. Peterson for Discovery #171 , the Court's Scheduling Order dated 7/14/14 #191 , and Defendant's Motion to Compel Plaintiffs to Provide 30(b)(6) Testimony #205 , it is hereby ordered that Defendant's Motion #205 is referred to Special Master Peterson. It is further ordered that the Special Master shall contact counsel for the parties and establish a schedule for conferences and proceed to issue a Report and Recommendation concerning Defendant's Motion #205 in accordance with the Court's Prior Order Appointing Special Master #171 . Signed by Judge Nora Barry Fischer on 8/14/14. (tql)
August 14, 2014 Opinion or Order ORDER indicating that upon consideration of the parties' Joint Motion for Extension of Time to Amend #213 , it is hereby ordered that said Motion is granted. It is further ordered that the parties shall file a proposed Amended Scheduling Order by no later than 8/15/14 at 5:00 PM EDT. Signed by Judge Nora Barry Fischer on 8/14/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tql)
August 13, 2014 Opinion or Order Filing 206 BRIEF in Support re #205 Motion to Compel Plaintiffs to Provide 30(b)(6) Testimony filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit of Jenny Shmuel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Glitzenstein, Kurt)
August 13, 2014 Opinion or Order Filing 205 MOTION to Compel Plaintiffs to Provide 30(b)(6) Testimony by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Glitzenstein, Kurt)
July 31, 2014 Opinion or Order Filing 204 SPECIAL MASTER'S FINAL REPORT AND RECOMMENDATION by GALE R. PETERSON. (Peterson, Gale) Modified on 8/1/2014. (jsp)
July 25, 2014 Opinion or Order ORDER granting #203 Motion for Christopher Vanderlaan, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 7/25/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 24, 2014 Opinion or Order Filing 203 MOTION for attorney Christopher Vanderlaan to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3270831) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Proposed Order) (Vanderlaan, Christopher)
July 23, 2014 Opinion or Order Filing 202 ORDER indicating that upon consideration of Defendant's Motion to Modify Protective Order #153 , Defendant's Motion to Compel Production #155 , Plaintiffs' Motion to Compel Production #160 , the Special Master's Report and Recommendation concerning said Motions #185 , and the absence of objections to the Special Master's Report and Recommendation, it is hereby ordered that the Special Master's Report and Recommendation is adopted as the Opinion of the Court. It is further ordered that: 1. Defendant's Motion to Modify Protective Order #153 is DENIED; 2. Defendant's Motion to Compel Production #155 is GRANTED, in part, and DENIED, in part. Defendant's Motion is GRANTED, with respect to the 2002 emails, and the "form" of the Halsne spreadsheet attached to those emails. Defendant's Motion is DENIED, with respect to the 2004 email, and the "form" of the Halsne spreadsheet attached to that email, to the extent that this spreadsheet is different from the spreadsheet attached to the 2002 emails. 3. Plaintiffs' Motion to Compel Production #160 is GRANTED, in part, and DENIED, in part. Plaintiffs Motion is GRANTED to the extent that Plaintiffs seek (1) all written discovery; (2) all expert reports and exhibits therein; (3) all deposition transcripts and exhibits therein; and (4) all pleadings in those suits. Plaintiffs' Motion is DENIED with respect to their request for "all correspondence between the parties before, during and after the litigations." It is finally ordered that all other provisions of the Court's previous Scheduling Order dated July 24, 2013 #91 , as modified by the Court's Order dated July 14, 2014 #191 , shall remain in effect. Signed by Judge Nora Barry Fischer on 7/23/14. (tql)
July 23, 2014 Opinion or Order ORDER granting #201 Motion for Crawford Maclain Wells, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 7/23/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 22, 2014 Opinion or Order Filing 201 MOTION for attorney Crawford Maclain Wells to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3267901) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Proposed Order) (Wells, Crawford )
July 18, 2014 Opinion or Order Filing 200 RESPONSE ZOLL Lifecor's Response to Philips' Comments on the Special Master's Draft Report and Recommendation on Claim Construction to #188 Response, filed by ZOLL LIFECOR CORPORATION. (Glitzenstein, Kurt)
July 18, 2014 Opinion or Order Filing 199 RESPONSE Philips's Response to Defendant's Comments on Draft Report and Recommendation on Claim Construction to #189 Response, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
July 17, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #197 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised for future reference to file an attached proposed order with the corresponding motion. No further action is required. This message is for informational purposes only. (jsp)
July 17, 2014 Opinion or Order ORDER granting #198 Motion for David McPhie, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 7/17/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 17, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #198 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised for future reference to file an attached proposed order with the corresponding motion. No further action is required. This message is for informational purposes only. (jsp)
July 16, 2014 Opinion or Order Filing 198 MOTION for attorney David McPhie to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3262556) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit) (McPhie, David)
July 16, 2014 Opinion or Order Filing 197 MOTION for attorney Talin Gordnia to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3262055) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit in support of Pro Hac Vice Motion, #2 Exhibit 1 to Affidavit in support of Pro Hac Vice Motion) (Gordnia, Talin) Modified on 7/17/2014. (jsp)
July 16, 2014 Opinion or Order ORDER granting #195 Motion for Christine Michelle Woodin, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 7/16/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 16, 2014 Opinion or Order ORDER granting #196 Motion for David Gindler, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 7/16/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 16, 2014 Opinion or Order ORDER granting #197 Motion for Talin Gordnia, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 7/16/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 16, 2014 Opinion or Order ORDER granting #194 Motion for Rebecca Lyn Carson, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 7/16/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 16, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #194 Motion to Appear Pro Hac Vice, #195 Motion to Appear Pro Hac Vice, #196 Motion to Appear Pro Hac Vice,. ERROR: Proposed Orders were not attached. CORRECTION: Attorneys advised for future reference to file a proposed order as an attachment to corresponding motion. No further action is required. This message is for informational purposes only. (jsp)
July 15, 2014 Opinion or Order Filing 196 MOTION for attorney David Gindler to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3261238) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Exhibit) (Gindler, David)
July 15, 2014 Opinion or Order Filing 195 MOTION for attorney Christine Michelle Woodin to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3261231) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit of Christine Michelle Woodin, #2 Exhibit 1 to Affidavit of Christine Michelle Woodin) (Woodin, Christine)
July 15, 2014 Opinion or Order Filing 194 MOTION for attorney Rebecca Lyn Carson to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3260417) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit of Rebecca Lyn Carson, #2 Exhibit 1 to Affidavit of Rebecca Lyn Carson) (Carson, Rebecca)
July 14, 2014 Opinion or Order Filing 193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 14, 2014 before Judge Nora Barry Fischer. Court Reporter Juliann A. Kienzle, Telephone number 412.261.6122. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 7/21/2014. Redaction Request due 8/4/2014. Redacted Transcript Deadline set for 8/14/2014. Release of Transcript Restriction set for 10/14/2014. (jak, )
July 14, 2014 Opinion or Order Filing 192 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 13, 2014 before Judge Nora Barry Fischer. Court Reporter Juliann A. Kienzle, Telephone number 412.261.6122. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 7/21/2014. Redaction Request due 8/4/2014. Redacted Transcript Deadline set for 8/14/2014. Release of Transcript Restriction set for 10/14/2014. (jak, )
July 14, 2014 Opinion or Order Filing 191 ORDER indicating that the parties' Joint Motion to Reset Fact and Expert Discovery Schedule #190 , it is hereby ordered that said Motion #190 is grante and that: 1. The deadline for fact discovery shall be enlarged to 8/15/15; 2. The Telephonic Post Fact Discovery Status Conference set for 7/21/14 at 4:00-6:00 PM is rescheduled for 8/20/14 at 2:00-4:00 PM; 3. Each party shall make its initial expert witness disclosures required by Federal Rule of Civil Procedure 26 on issues for which it bears the burden of proof by 9/22/14; 4. Each party shall make its rebuttal expert witness disclosures required by Federal Rule of Civil Procedure 26 on the issues for which the opposing party bears the burden of proof by 10/22/14; 5. The parties shall complete depositions of experts by 11/24/14; 6. The parties shall file a notice of intent to file any Daubert challenges within ten (10) days of receipt of the applicable deposition transcripts; 7. The parties shall also complete any written expert discovery by 11/24/14; 8. The Telephonic Post Expert Discovery Status Conference set for 10/23/14 at 4:00-6:00 PM is rescheduled to 11/24/14 at 4:00-6:00 PM. The parties shall be prepared to discuss settlement and the possibility of using a method of alternative dispute resolution; that motions for summary judgment shall comply with Local Rule 56. Parties shall adhere to the following schedule: 1. All motions for summary judgment shall be filed no later than 1/6/15; 2. All responses thereto shall be filed no later than 2/6/15; 3. All replies shall be filed no later than 2/27/15; 4. Argument on the said motions, previously set for 1/22/15 at 9:00 AM 5:00 PM, continuing to 1/23/15 as needed, shall be rescheduled for 3/10/15 at 9:00 AM 5:00 PM, continuing to 3/11/15, as needed, in Courtroom 5B, 5th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania; that all other provisions of the Court's previous Scheduling Order dated 7/24/13 #91 , shall remain in effect. Signed by Judge Nora Barry Fischer on 7/11/14. (jg) Modified on 7/14/2014. (jg, )
July 10, 2014 Opinion or Order Filing 190 Joint MOTION to Reset Fact and Expert Discovery Schedule by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 7/11/2014. (jsp)
July 8, 2014 Opinion or Order Filing 189 RESPONSE to #184 THE SPECIAL MASTER'S DRAFT REPORT AND RECOMMENDATION ON CLAIM CONSTRUCTION filed by ZOLL LIFECOR CORPORATION. (Attachment: #1 Exhibit 1) (Glitzenstein, Kurt) Modified on 7/9/2014. (jsp)
July 8, 2014 Opinion or Order Filing 188 COMMENTS on Draft Report and Recommendation on Claim Construction re #184 SPECIAL MASTER REPORT AND RECOMMENDATION, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Modified on 7/9/2014. (jsp)
July 8, 2014 Opinion or Order Filing 187 JOINT STIPULATION re Expert Kathleen M. Kedrowski by ZOLL LIFECOR CORPORATION. (Glitzenstein, Kurt) Modified on 7/9/2014. (jsp)
June 25, 2014 Opinion or Order Filing 186 NOTICE of Change of Firm and Address, Email Address, and Telephone and Facsimile Numbers by GALE R. PETERSON (Peterson, Gale) Modified on 6/26/2014. (jsp)
June 18, 2014 Opinion or Order Filing 185 SPECIAL MASTER REPORT AND RECOMMENDATION Special Master's Report and Recommendation on Defendant's #153 Motion to Modify Protective Order, Defendant's #155 Motion to Compel Production, and Plaintiff's #160 Motion to Compel Production by GALE R. PETERSON. (Peterson, Gale) Modified text to correct the link to the motions on 6/19/2014. (jv)
June 16, 2014 Opinion or Order Filing 184 SPECIAL MASTER REPORT AND RECOMMENDATION Draft Report and Recommendation by GALE R. PETERSON. (Peterson, Gale)
June 11, 2014 Opinion or Order Filing 183 BRIEF in Opposition re #160 Motion to Compel filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Wells Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Wagner, Robert) Modified on 6/12/2014. (jsp)
June 11, 2014 Opinion or Order Filing 182 ORDER granting #174 Motion for Jenny Shmuel, Esquire to Appear Pro Hac Vice on behalf of Defendant. Signed by Judge Nora Barry Fischer on 6/11/14. (jg)
June 10, 2014 Opinion or Order Filing 179 ORDER indicating that there having been filed a motion #114 requesting the sealing of certain Confidential and/or Highly Confidential Information within the meaning of the Stipulated Protective Order entered by the Court on 3/6/14, and it appearing that there is good cause to seal such Confidential and/or Highly Confidential Infolmation, it is hereby ordered: Plaintiffs having publicly filed redacted versions of their Opening Brief on Claim Construction and Exhibits 8, 9 and 10 to the Declaration of Susan Y. Tull (Dockets Nos. #111 and #118 ), the unredacted versions of Plaintiffs' Opening Brief on Claim Construction and Exhibits 8, 9 and 10 previously filed under seal (Docket No. #119 ) shall remain under seal until further order of this Court. Signed by Judge Nora Barry Fischer on 6/9/14. (jg)
June 10, 2014 Opinion or Order Filing 178 ORDER indicating that there having been filed a motion #151 requesting the sealing of Confidential Information within the meaning of the Stipulated Protective Order entered by the Court on 3/6/14, and it appearing that there is good cause to seal such Information; it is hereby ordered as follows: Defendant may file under seal an unredacted version of its Memorandum in Support of its Motion to Compel and the exhibits to the corresponding Wells Declaration that contain Confidential Information. Defendant shall publicly file redacted versions of its Memorandum in Support of its Motion to Compel and the exhibits to the corresponding Wells Declaration that contain Confidential Information. The unredacted documents shall remain under seal until further Order of this Court. Signed by Judge Nora Barry Fischer on 6/9/14. (jg)
June 9, 2014 Opinion or Order Filing 177 Proposed Order re #114 Motion for Leave to File Documents Under Seal (Revised) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
June 6, 2014 Opinion or Order Filing 181 SEALED DOCUMENT (Declaration with Exhibits) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #172 Order on Motion for Leave to File Documents Under Seal.) (jsp)
June 6, 2014 Opinion or Order Filing 180 SEALED DOCUMENT (Opposition to Motion to Compel) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #172 Order on Motion for Leave to File Documents Under Seal) (jsp)
June 6, 2014 Opinion or Order Filing 176 DECLARATION of Susan Y. Tull in Support of Philips's #175 Opposition to Defendant's Motion to Compel (Redacted) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Stewart, George) Modified on 6/10/2014. (jsp)
June 6, 2014 Opinion or Order Filing 175 RESPONSE IN OPPOSITION (Redacted) to #155 Motion to Compel, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George) Modified on 6/10/2014. (jsp)
June 6, 2014 Opinion or Order Filing 174 MOTION for attorney Jenny Shmuel to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3221691) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Proposed Order) (Sneath, Henry)
June 6, 2014 Opinion or Order Filing 173 Proposed Order re #151 Motion for Leave to File Documents Under Seal (Revised) by ZOLL LIFECOR CORPORATION. (Wagner, Robert)
June 6, 2014 Opinion or Order Filing 172 ORDER granting #164 Plaintiff's Amended Motion for Leave to File Documents Under Seal; that Plaintiffs may file under seal the unredacted Opposition to Zoll's Motion to Compel and exhibits to the Tull Declaration of Susan Y. Tull. Philips shall publicly file redacted versions of its Opposition to Zoll's Motion to Compel and the exhibits corresponding to the Tull Declaration that contain Confidential Information. The unredacted Opposition and Declaration shall remain under seal until further Order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 6/6/14. (jg)
June 6, 2014 Opinion or Order Filing 171 ORDER REFERRING CASE SPECIAL MASTER FOR DISCOVERY indicating that upon consideration of Defendants Motion to Modify Protective Order #153 , Defendant's Motion to Compel Production #155 , Plaintiff's Motion to Compel Production #160 , the large number of criminal and civil matters that remain on this Court's docket, and the inability of the parties to come to an agreement concerning these numerous discovery motions, making it apparent that a special master is necessary, and the parties' communications with this Court that they have met and conferred and selected Gale R. Peterson, Esq., to serve as said Special Master, and the parties' representation to the Court that Mr. Peterson is available and willing to accept the Court's appointment as Special Master for Discovery, it is hereby ordered that 1. The Court hereby appoints Gale R. Peterson, Esquire, as Special Master ("Special Master") in this matter for the limited purposes outlined in this Order; 2. The duties of the Special Master shall be to oversee all discovery disputes between and among the parties and any third parties, and if the parties are unable to agree on the resolution of any dispute between them or with third-parties, the Special Master shall prepare and file a Report and Recommendation with respect to that dispute. The Court previously received the Special Master's declaration confirming that he is aware of no grounds for disqualification under 28 U.S.C. 455. (Docket No. 1126]); 3. The Special Master shall contact counsel for the parties and establish a schedule for conferences and proceed to issue a Report and Recommendation concerning Defendant's Motion to Modify Protective Order #153 , Defendant's Motion to Compel Production #155 , and Plaintiff's Motion to Compel Production #160 , by no later than 6/19/14 (given that fact discovery is set to close 7/18/14), based on his interactions with the parties, counsel, and their information technology representatives; Other details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 6/6/14. (jg)
June 6, 2014 Opinion or Order Filing 170 ORDER indicating that upon consideration of Plaintiff's Unopposed Motion for Leave to File Documents Under Seal #163 , it is hereby ordered that: 1. Plaintiff's Motion #163 is denied, without prejudice; 2. The Court's prior Order dated 3/6/14 #115 is vacated; 3. The Court's prior Order dated 5/29/14 #152 is vacatged; that the parties shall meet and confer and file any new proposed Order, in compliance with the Court's Electronic Case Filing Policies and Procedures, pertaining to the previously filed Motions for Leave to File Under Seal at Docket Nos. #114 and #151 , by no later than 6/9/14 at 12:00 PM. Any further motions for leave to file under seal shall be required to comply with the Court's Electronic Case Filing Policies and Procedures regarding sealed documents. Signed by Judge Nora Barry Fischer on 6/6/14. (jg) Modified on 6/6/2014. (jg, )
June 6, 2014 Opinion or Order Filing 169 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 6/6/14 in light of Plaintiff's Motion for Leave to File Under Seal #163 with counsel representing all parties present. The Court reviewed the course of sealing documents with both parties and reminded them of the Local Rules of Court, available at http://www.pawd.uscourts.gov/Documents/Forms/lrmanual.pdf, and the Electronic Case Filing Policies and Procedures of this Court, available at http://www.pawd.uscourts.gov/Documents/Forms/ECFPol&ProcAmended062013.pdf. To that end, the Court will be vacating the Orders filed at Docket Number #115 and #152 . The Court also informed the parties that it will deny without prejudice Plaintiff's Motion for Leave to File Under Seal #163 . An appropriate Order will follow. As the parties agreed to provide the Court with new proposed Orders, the Court will not unseal the documents at this time. (Court Reporter: None) (jg)
June 6, 2014 Opinion or Order Filing 168 Errata re #166 Declaration, of Scott A. Allen in Support of Philips's Opposition to Defendant's Motion to Modify the Stipulated Protective Order by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. Reason for Correction: Filer did not match signature. (Attachments: #1 Exhibit A) (Stewart, George)
June 6, 2014 Opinion or Order Filing 167 Errata re #165 Response in Opposition to Defendant's Motion to Modify the Stipulated Protective Order by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. Reason for Correction: Filer did not match signature. (Stewart, George) Modified on 6/10/2014. (jsp)
June 6, 2014 Opinion or Order Filing 166 DECLARATION of Scott A. Allen in support re #165 Response in Opposition by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Exhibit A) (DeCourcy, Dara) Modified on 6/10/2014. (jsp)
June 6, 2014 Opinion or Order Filing 165 RESPONSE IN OPPOSITION to #153 Motion to Modify, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara) Error: Filer and signature do not match. (See #167 Errata) Modified on 6/10/2014. (jsp)
June 6, 2014 Opinion or Order Filing 164 Amended MOTION for Leave to File Documents Under Seal With Revised Proposed Order by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (DeCourcy, Dara)
June 5, 2014 Opinion or Order Filing 163 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (Stewart, George)
June 5, 2014 Opinion or Order Filing 162 DECLARATION re #161 Brief in Support of Motion Scott A. Allen by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (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) (Stewart, George)
June 5, 2014 Opinion or Order Filing 161 BRIEF in Support re #160 Motion to Compel filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
June 5, 2014 Opinion or Order Filing 160 MOTION to Compel Production of Documents and Things by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (Stewart, George)
May 30, 2014 Opinion or Order Filing 159 SEALED DOCUMENT (Declaration) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #152 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 18, #13 Exhibit 19, #14 Exhibit 20) (jsp)
May 30, 2014 Opinion or Order Filing 158 SEALED DOCUMENT (Memorandum) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #152 Order on Motion for Leave to File Documents Under Seal. (jsp)
May 30, 2014 Opinion or Order Filing 157 DECLARATION re #155 MOTION to Compel Production by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1-7 (cover sheet only), #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11-14 (cover sheet only), #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18-20 (cover sheet only, #10 Exhibit 21) (Wagner, Robert)
May 30, 2014 Opinion or Order Filing 156 BRIEF in Support of #155 MOTION to Compel Production filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert)
May 30, 2014 Opinion or Order Filing 155 MOTION to Compel Production by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
May 30, 2014 Opinion or Order ORDER Response/Briefing Schedule re: #153 Motion to Modify filed by Defendant ZOLL LifeCor Corporation; Plaintiff's response to same shall be filed by 6/6/2014. Signed by Judge Nora Barry Fischer on 5/30/2014. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
May 30, 2014 Opinion or Order ORDER Response/Briefing Schedule re: #155 Motion to Compel Production by ZOLL LIFECOR CORPORATION, Plaintiffs' Response to said Motion due by 6/6/2014. Signed by Judge Nora Barry Fischer on 5/30/2014. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
May 29, 2014 Opinion or Order Filing 154 BRIEF in Support re #153 Motion to Modify #113 Protective Order filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit DeJong Declaration, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3) (Wagner, Robert) Modified on 5/30/2014. (jsp)
May 29, 2014 Opinion or Order Filing 153 MOTION to Modify #113 Protective Order by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 5/30/2014. (jsp)
May 29, 2014 Opinion or Order Filing 152 ORDER granting #151 MOTION for Leave to File Documents Under Seal; ZOLL LifeCor Corp. shall publicly file redacted versions of its Memorandum in Support of its Mction to Compel and the exhibits to the corresponding Wells Declaration that contain Confidential Information. Unredacted versions of ZOLL LifeCor Corp.'s Memorandum in Support of its Motion to Compel and the exhibits to the corresponding Wells Declaration shall be sealed until sixty (60) days after the entry of final judgment herein; Thereafter, the Confidential information shall be returned counsel for the party who filed it, who shall retain it subject to further order of court, for thiry (30) days after the final termination of this action, including any applicable appeal period. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/29/2014. (bdk)
May 29, 2014 Opinion or Order Filing 151 MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
May 21, 2014 Opinion or Order Filing 150 ORDER indicating that upon consideration of Plaintiffs' Motion to Compel the Production of Documents and a Privilege Log Pursuant to Plaintiffs' Second Set of Requests for Production of Documents and Things Served on Defendant #132 , Defendant's Response #137 , and Plaintiffs' Reply #148 , it is hereby ordered that said Motion is granted and that, on or before 6/20/14, Defendant Zoll Lifecor shall produce documents responsive to Plaintiffs' Requests for the Production of Documents and Things Nos. 67-79, and to the extent Defendant withholds responsive documents on the basis of the attorney-client privilege or the work product doctrine, Defendant shall list and describe such documents on a privilege log to be submitted concurrently with its responsive documents, all of which are due to be produced by no later than 6/20/14. Signed by Judge Nora Barry Fischer on 5/21/14. (jg)
May 19, 2014 Opinion or Order Filing 149 RESPONSE to #147 Alternative Claim Construction Proposal for the Terms "Based on," "Function of," and "Depends on" filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George) Modified on 5/20/2014. (jsp)
May 19, 2014 Opinion or Order Filing 148 REPLY BRIEF ("Reply") in support re #132 Motion to Compel, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George) Modified on 5/20/2014. (jsp)
May 16, 2014 Opinion or Order Filing 147 ALTERNATIVE Claim Construction Proposal for the Terms "Based on," "Function of," and Depends On" by ZOLL LIFECOR CORPORATION re #140 Case Management Order (PATENT). (Wagner, Robert) Modified on 5/19/2014. (jsp)
May 16, 2014 Opinion or Order Filing 146 MOTION to Withdraw Ellen A. Scordino as Attorney by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 5/19/2014. (jsp)
May 16, 2014 Opinion or Order Filing 145 EXHIBITS Claim Construction Presentation in Support of #116 OPENING Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
May 16, 2014 Opinion or Order Filing 144 EXHIBITS Technology Tutorial in Support of #116 OPENING Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
May 16, 2014 Opinion or Order Filing 143 SUPPLEMENTAL EXHIBITS in Support of #116 OPENING Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit Declaration of Wayne C. McDaniel, Ph.D., #2 Exhibit Petition for Inter Partes Review, #3 Exhibit Notice of Allowability) (Stewart, George) Modified on 5/19/2014. (jsp)
May 16, 2014 Opinion or Order ORDER granting #146 Motion to Withdraw of Ellen A. Scordino,Esq. counsel for Defendant. Ordered by Judge Nora Barry Fischer on 5/16/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
May 15, 2014 Opinion or Order Filing 142 EXHIBITS ZOLL LifeCor Markman presentation in Support of #123 Response by ZOLL LIFECOR CORPORATION. (Wagner, Robert)
May 15, 2014 Opinion or Order Filing 141 EXHIBITS Zoll LifeCor Tech Tutorial in Support of #123 Response by ZOLL LIFECOR CORPORATION. (Wagner, Robert)
May 15, 2014 Opinion or Order Filing 140 ORDER indicating that upon consideration of the parties' positions presented at the Claim Construction Hearing, held on 5/14/14, it is hereby ordered that Defendant shall file a proposed alternative construction for the terms, "based on," "function of," and "depends on," by no later than 5/16/14 at 4:00 PM; that Plaintiffs shall file a response by no later than 5/19/14 at 4:00 PM; that Plaintiffs shall file their Supplemental Exhibits by no later than 5/16/14 at 4:00 PM; that the record shall be closed on 5/19/14. Signed by Judge Nora Barry Fischer on 5/14/14. (jg)
May 15, 2014 Opinion or Order Filing 139 Minute Entry for proceedings held before Judge Nora Barry Fischer: Claim Construction Hearing held on 5/14/14 with the Special Master presiding, and counsel representing both parties in attendance, as well as in-house counsel for both parties. The parties presented their positions on ten sets of claim terms at issue. Both parties provided courtesy copies of their slide decks for the Claim Construction Hearing to the Court and the Special Master. At the request of the Court and Special Master, the parties also agreed to provide an electronic copy of their slide decks on thumb drives. Counsel for Defendant agreed to propose an alternative construction for the terms, "based on," "function of," and "depends on," to capture the concept of proximate cause by 5/16/14. Counsel for Plaintiff agreed to respond to Defendant's alternative construction by 5/19/14. Counsel for Plaintiffs requested leave to submit three Supplemental Exhibits to the Court, with no objection from Defendant, as set forth in the attached Exhibit List. The Court granted the request, and Plaintiffs will file their supplemental exhibits on the docket by 5/16/14. An appropriate Order follows. The record will be closed on 5/19/14, and the Report and Recommendation of the Special Master will be due on 6/16/14. Given the nature of the proceedings, and consistent with the parties' request for preparation of the transcript of the Technology Tutorial, the Court ordered preparation of the transcript of the Claim Construction Hearing, with the costs to be split equally between the parties. (Court Reporter: J. Kienzle) (Attachments: #1 Exhibit List) (jg)
May 13, 2014 Opinion or Order Filing 138 Minute Entry for proceedings held before Judge Nora Barry Fischer and Special Master Gale R. Peterson, Esquire: Technology Tutorial held on 5/13/14 (Details more fully stated in said memo); Both parties requested preparation of the transcript, and the Court ordered preparation of the same, with the cost to be split equally. (Court Reporter: J. Kienzle) (jg)
May 12, 2014 Opinion or Order ORDER indicating that upon consideration of Plaintiff's Motion to Compel #132 , and Defendant's Response #137 , it is hereby ordered that Plaintiff shall file a Reply by no later than 5/19/14 at 12:00 PM. Ordered by Judge Nora Barry Fischer on 5/12/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
May 9, 2014 Opinion or Order Filing 137 RESPONSE IN OPPOSITION to #132 Motion to Compel, filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit Declaration, #2 Exhibit Email) (Wagner, Robert)
May 9, 2014 Opinion or Order Filing 136 STATUS REPORT Joint Report by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
May 5, 2014 Opinion or Order Filing 135 Sur-Reply Claim Construction Brief re #127 Reply Brief, filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Declaration - K. DeJong, #2 Exhibit S - Philips's Reply CC Brief, #3 Exhibit Rebuttal Expert Report) (Wagner, Robert) Modified on 5/6/2014. (jsp)
May 2, 2014 Opinion or Order Filing 134 DECLARATION of Scott A. Allen re #132 Motion to Compel by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U) (Stewart, George) Modified on 5/5/2014. (jsp)
May 2, 2014 Opinion or Order Filing 133 BRIEF in Support re #132 Motion to Compel, filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
May 2, 2014 Opinion or Order Filing 132 MOTION to Compel the Production of Documents and a Privilege Log Pursuant to Philips's Second Set of Requests for Production of Documents and Things Served on Zoll Lifecor on March 25, 2014 by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (Stewart, George)
May 2, 2014 Opinion or Order ORDER Response/Briefing Schedule re #132 Plaintiffs' Motion to Compel the Production of Documents and a Privilege Log Pursuant to Philips's Second Set of Requests for Production of Documents and Things Served on Zoll Lifecor on 3/25/14: Defendant's Response to said Motion is due by 5/9/14. Ordered by Judge Nora Barry Fischer on 5/2/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
May 1, 2014 Opinion or Order Filing 131 ORDER granting #130 Motion to Withdraw of Gauri M. Dhavan, Esquire and Joseph R. Carnicella, Esquire as Attorneys for Defendant. Signed by Judge Nora Barry Fischer on 5/1/14. (jg)
May 1, 2014 Opinion or Order Filing 130 MOTION for Gauri M. Dhavan and Joseph R. Carnicella to Withdraw as Attorneys by ZOLL LIFECOR CORPORATION. (Attachment: #1 Proposed Order) (Wagner, Robert) Modified on 5/2/2014. (jsp)
April 21, 2014 Opinion or Order Filing 129 DECLARATION of Susan Y. Tull in support re #127 Reply Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20) (Stewart, George) Modified on 4/22/2014. (jsp)
April 21, 2014 Opinion or Order Filing 128 DECLARATION of Dr. Patrick Wolf in support re #127 Reply Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Exhibit A) (Stewart, George) Modified on 4/22/2014. (jsp)
April 21, 2014 Opinion or Order Filing 127 REPLY CLAIM CONSTRUCTION BRIEF re #123 Response to Opening Claim Construction Brief filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George) Modified on 4/22/2014. (jsp)
April 14, 2014 Opinion or Order Filing 126 RULE 53 AFFIDAVIT by GALE R. PETERSON Affiant: Gale R. Peterson. (Peterson, Gale) Modified on 4/15/2014. (jsp)
April 7, 2014 Opinion or Order Filing 125 DECLARATION (McDaniel Declaration) in support re #123 Opening Claim Construction Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23) (Wagner, Robert) Modified on 4/8/2014. (jsp)
April 7, 2014 Opinion or Order Filing 124 DECLARATION (DeJong Declaration) in support re #123 Opening Claim Construction Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R) (Wagner, Robert) Modified on 4/8/2014. (jsp)
April 7, 2014 Opinion or Order Filing 123 OPENING Claim Construction Brief re #116 OPENING Claim Construction Brief, filed by ZOLL LIFECOR CORPORATION. (Wagner, Robert) Modified on 4/8/2014. (jsp)
April 7, 2014 Opinion or Order Filing 122 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
April 7, 2014 Opinion or Order Filing 121 ORDER indicating that upon consideration of Defendant's Unopposed Motion for Leave to File Documents Under Seal #120 , it is hereby ordered that said Motion #120 is DENIED without prejudice, as the Proposed Order does not require Defendant to file a redacted version of the Defendant's Brief and Attachments to said Brief, before the Clerk of Court will docket the sealed version of same. See United States District Court for the Western District of Pennsylvania Electronic Case Filing Policies and Procedures, at 8 available at: http:// www.pawd.uscourts.gov /Documents/Forms/ECFPol & ProcAmendedMar2013Web.pdf (last updated 6/1/2013) ("When leave has been granted to file a document under seal, the filing party must first electronically file a redacted public version of the document, unless otherwise ordered by the Court. It is the filer's responsibility to present the sealed version of the document to the clerk's office for filing in the traditional manner on paper in a sealed envelope marked "sealed" and with appropriate court and case identifying information, accompanied by a disk or CD-ROM containing the document in PDF/A format. The Clerk of Court will not docket the sealed version of the document until the party electronically files the redacted public document."). It is further ordered that Defendant shall re-file its Motion #120 with a corrected Proposed Order requiring Defendant to file the redacted version of its Brief and Attachments in Support of said Brief by no later than 4/7/14 at 5:00 PM. Signed by Judge Nora Barry Fischer on 4/7/14. (tql)
April 7, 2014 Opinion or Order Filing 120 Unopposed MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Wagner, Robert)
April 7, 2014 Opinion or Order ORDER terminating as Moot Defendant's MOTION for Leave to File Documents Under Seal #122 , as counsel for the Defendant has informed the Court the parties have met and conferred and determined that the Documents do not need to be filed under seal and can be filed on the public docket. Signed by Judge Nora Barry Fischer on 4/7/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tql)
March 7, 2014 Opinion or Order Filing 118 EXHIBITS (Redacted) in Support of #117 Declaration, by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10) (Stewart, George)
March 6, 2014 Opinion or Order Filing 119 SEALED DOCUMENT (Opening Claim Construction Brief) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #115 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10) (jsp)
March 6, 2014 Opinion or Order Filing 117 DECLARATION of Affiant Susan Y. Tull in support re #116 OPENING Claim Construction Brief by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 11) (Stewart, George) Modified on 3/7/2014. (jsp)
March 6, 2014 Opinion or Order Filing 116 OPENING Claim Construction Brief (Redacted) filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
March 6, 2014 Opinion or Order Filing 115 ORDER granting #114 Plaintiffs' Motion for Leave to File Documents Under Seal; that Philips's Opening Brief on Claim Construction and Exhibits 8, 9 and l shall be sealed until sixty (60) days after the entry of final judgment herein. Thereafter, the Confidendial Information shall be returned to counsel for the party who filed it, who shall retain it subject to further order of the Court, for thirty (30) days after the final termination of this action, including any applicable appeal period. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 3/6/14. (jg) Modified on 3/7/2014. (jg, )
March 6, 2014 Opinion or Order Filing 114 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (Stewart, George)
March 6, 2014 Opinion or Order Filing 113 STIPULATED PROTECTIVE ORDER (granting #95 ; Details more fully stated within said Order). Signed by Judge Nora Barry Fischer on 3/6/14. Attachments: #1 Exhibit A, #2 Exhibit B) (jg)
February 24, 2014 Opinion or Order Filing 112 ORDER REFERRING CASE to Special Master indicating that upon consideration of the parties' electronic mail communications with this Court that they have met and conferred and jointly propose Gale R. Peterson, Esq., to serve as Special Master for Claim Construction in the above-captioned case, and that Mr. Peterson has confirmed that he has no conflict with serving as Special Master, and that he is available to accept the appointment as Special Master, it is hereby ordered that Gale R. Peterson, Esq., shall be appointed as Special Master for Claim Construction in the above-captioned case. It is further ordered that: 1. Mr. Peterson's duties and obligations as Special Master shall be governed by Local Patent Rule 4.5; 2. Mr. Peterson shall attend in person the Technology Tutorial and Claim Construction Hearing set for 5/13/14-5/14/14, in Courtroom 5B, in Pittsburgh, Pennsylvania; 3. The Report and Recommendation of the Special Master on the issue of claim construction shall thereafter be due on 6/16/14; 4. Either party may file objections to, or a motion to adopt or modify, the Special Master's Report and Recommendation, no later than fourteen (14) days from the time the Special Master's Report and Recommendation is submitted. A party may file a response to such objection or motion within fourteen (14) days of the initial filing of such objection or motion; 5. The parties shall provide courtesy copies of all claim construction submissions to the Special Master as they are filed with this Court so that he may become familiar with the patent at issue. The Parties shall also provide the Special Master with a copy of the videotape of the Technology Tutorial and Markman Hearing to assist him with his Report and Recommendation; 6. Pursuant to Local Patent Rule 4.5, the parties shall split equally the cost of Mr. Peterson's fee and expenses. Any dispute regarding Mr. Peterson's fees for his services as Special Master shall be brought before this Court; 7. To the extent that the parties intend to order the transcript of the Technology Tutorial and Markman Hearing on an expedited basis, the parties shall notify the Court by no later than 5/5/14 at 5:00 PM. It is finally ordered that all other provisions of the Court's previous Order dated 2/1/14 #103 shall remain in effect. Signed by Judge Nora Barry Fischer on 2/24/14. (tql)
February 24, 2014 Opinion or Order Filing 111 ORDER indicating that upon consideration of the parties' electronic mail communications with this Court that they have met and conferred and jointly propose to limit the Technology Tutorial and Markman Hearing to a two-day period, specifically 5/13/14-5/14/14, it is hereby ordered that the Technology Tutorial and Markman Hearing, previously set for 5/13/14-5/15/14, shall now be held on 5/13/14-5/14/14 in Courtroom 5B, in Pittsburgh, Pennsylvania, per the joint proposal of counsel. The parties shall videotape the Technology Tutorial and Markman Hearing for the Court's benefit not only in deciding on claim construction, but also for summary judgment and pretrial preparations. The costs of said videotaping will be split evenly between the parties. It is finally ordered that all other provisions of the Court's previous Scheduling Order dated 7/24/13 #91 shall remain in effect. Signed by Judge Nora Barry Fischer on 2/24/14. (tql)
February 14, 2014 Opinion or Order ORDER indicating that upon consideration of the Court's Order dated February 1, 2014 #103 , and the parties' communications with the Court indicating that they have met and conferred and chosen a special master, but are awaiting his confirmation concerning the absence of conflicts, it is hereby ordered that the parties shall advise the Court regarding conflicts by no later than Wednesday, 2/19/14 at 5:00 PM. Signed by Judge Nora Barry Fischer on 2/14/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tql)
February 9, 2014 Opinion or Order ORDER indicating that upon consideration of the parties' positions at the telephonic status conference on 2/6/14 #110 , and the electronic mail status report from counsel dated 2/7/14 stating that counsel will not file a motion for expert discovery in the claim construction process, it is hereby ordered that there will be no expert discovery in the claim construction process. Signed by Judge Nora Barry Fischer on 2/7/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tql)
February 6, 2014 Opinion or Order Filing 110 Minute Entry for proceedings held before Judge Nora Barry Fischer indicating that the Court convened a telephonic status conference, with counsel representing all parties present. Neither party requested a court reporter. Counsel for the Defendant indicated he may seek expert discovery during claim construction. Plaintiff opposed, averring that the intrinsic evidence is sufficient for claim construction. Plaintiff indicated that it may be helpful to have an expert during the Technology Tutorial, but maintained its position that it has never come across expert discovery during claim construction. To that end, the Court indicated that a motion would be necessary given that the parties do not agree on whether expert discovery should be taken during claim construction, with citations to any legal authorities, rulings by judges, or other case law. Counsel for the Defendant informed the Court that he would need to consult with lead counsel, Mr. Glitzenstein, before filing a motion, and agreed to notify the law clerk by 5 PM on 2/7/14, with copy to opposing counsel, concerning whether he will file a motion. The Court proposed a deadline of 2/14/14 for the motion and 2/21/14 or 2/24/14 for the Response. The parties informed the Court that they have met and conferred to choose a special master to assist with claim construction and will choose the Special Master by 2/14/14 pursuant to the Courts Order #103 . The parties also informed the Court that they completed the twelve-day jury trial in the related Massachusetts case and have filed post-trial motions, which are currently pending. In the second Massachusetts case, a Markman Hearing is set for 3/20/14. (Court Reporter: none) (tql).
February 6, 2014 Opinion or Order Filing 109 EXHIBITS in Support of #104 CLAIM Construction Chart by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Wagner, Robert)
February 6, 2014 Opinion or Order Filing 108 EXHIBITS in Support of #104 CLAIM Construction Chart by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Wagner, Robert)
February 6, 2014 Opinion or Order Filing 107 EXHIBITS in Support of #104 CLAIM Construction Chart by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Exhibit) (Wagner, Robert)
February 6, 2014 Opinion or Order Filing 106 EXHIBITS in Support of #104 CLAIM Construction Chart by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Wagner, Robert)
February 6, 2014 Opinion or Order Filing 105 Appendix A to #104 CLAIM Construction Chart by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George) Modified on 2/7/2014. (jsp)
February 6, 2014 Opinion or Order Filing 104 CLAIM Construction Chart(Joint Disputed Claim Terms Chart) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George) Modified on 2/7/2014. (jsp)
February 6, 2014 Opinion or Order ORDER indicating that a Telephonic Status Conference is set for 2/6/14 at 1:30 PM before Judge Nora Barry Fischer. Ordered by Judge Nora Barry Fischer on 2/6/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
February 1, 2014 Opinion or Order Filing 103 ORDER indicating that upon consideration of the upcoming Technology Tutorial and Claim Construction Hearing to be held on 5/13/14, the large number of criminal and civil matters that remain on this Court's docket, and to assist in keeping the above-captioned matter on schedule for expert discovery and summary judgment motions pursuant to the Court's Order dated 10/2/13 #97 , the Court believes that it is in the best interests of the Court, the parties, and their counsel that the parties meet and confer through their respective counsel and jointly select a special master to assist the Court by providing a Report and Recommendation on Claim Construction. To that end, it is hereby ordered that the parties shall meet and confer and choose a special master to issue a Report and Recommendation on Claim Construction, only, with the costs to be split evenly between the parties. It is further ordered that the parties shall provide to the Court the name and contact information for the special master by no later than 2/14/14; that the Judge and the law clerk assigned to this case may ask questions of the special master during the Technology Tutorial and Claim Construction Hearing; and that the parties shall prepare to videotape the Technology Tutorial and Claim Construction Hearing, for the Court's benefit not only in deciding on the proper claim construction, but also for summary judgment and pretrial preparations. The costs of said videotaping shall be split evenly between the parties. Signed by Judge Nora Barry Fischer on 2/1/14. (tql)
January 30, 2014 Opinion or Order Filing 102 ORDER granting #101 Motion for Eric J. Jeschke, Esquire to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Judge Nora Barry Fischer on 1/30/14. (jg)
January 30, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #101 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. No further action is required. This message is for informational purposes only. (jsp)
January 29, 2014 Opinion or Order Filing 101 MOTION for attorney Eric C. Jeschke to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3073644) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Jeschke, Eric )
January 29, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #100 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised for future reference to attach a proposed order for each motion submitted for the Court's consideration. No further action is required. This message is for informational purposes only. (jsp)
January 29, 2014 Opinion or Order ORDER granting #100 Motion for Susan Y. Tull, Esquire to Appear Pro Hac Vice as counsel for Plaintiffs. Ordered by Judge Nora Barry Fischer on 1/29/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
January 28, 2014 Opinion or Order Filing 100 MOTION for attorney Susan Y. Tull to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3071839) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit A - Certificate of Good Standing for S. Tull) (Tull, Susan)
October 31, 2013 Opinion or Order Filing 99 ORDER granting #98 Motion for Andrew R. Kopsidas, Esquire to Appear Pro Hac Vice for Defendant. Signed by Judge Nora Barry Fischer on 10/31/13. (jg)
October 31, 2013 Opinion or Order Filing 98 MOTION to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2981625) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Proposed Order) (Sneath, Henry)
October 3, 2013 Opinion or Order Filing 97 SCHEDULING ORDER indicating that upon consideration of the parties' Rule 26(f) Report #94 ), their Proposed Scheduling Order ( #94 -1]), and counsel's statements made during the case management conference, it is hereby ordered: (1) The parties shall move to amend the pleadings or add new parties by 12/11/13; (2) The parties shall complete fact discovery by 7/18/14, and all interrogatories, depositions, requests for admissions, and requests for production shall be served within sufficient time to allow responses to be completed prior to the close of discovery. To the extent additional discovery is warranted by the Court's ruling on claim construction, the parties can seek leave of the Court for an additional discovery period of 30 days; (3) A Telephonic Post Fact Discovery Status Conference is scheduled for 7/21/14 at 4:00-6:00 PM; (4) Each party shall make its initial expert witness disclosures required by Federal Rule of Civil Procedure 26 on issues for which it bears the burden of proof by 8/15/14; (4) Each party shall make its rebuttal expert witness disclosures required by Federal Rule of Civil Procedure 26 on the issues for which the opposing party bears the burden of proof by 9/15/14; (5) The parties shall complete depositions of experts by 10/22/14; (6) The parties shall file a notice of intent to file any Daubert challenges within ten (10) days of receipt of the applicable deposition transcripts; (7) The parties shall complete expert discovery by 10/22/14; (8) A Telephonic Post Expert Discovery Status Conference is scheduled for 10/23/14 at 4:00-6:00 PM. The parties shall be prepared to discuss settlement and the possibility of using a method of alternative dispute resolution; that motions for summary judgment shall comply with Local Rule 56. Parties shall adhere to the following schedule: (1) All motions for summary judgment shall be filed no later than 11/21/14; (2) All responses thereto shall be filed no later than 12/22/14; (3) All replies shall be filed no later than 1/13/15; (4) Argument on the said motions shall be heard on 1/22/15 at 9:00 AM - 5:00 PM, continuing to 1/23/15 as needed, in Courtroom 5B, 5th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. Signed by Judge Nora Barry Fischer on 10/2/13. (jg) Modified on 10/4/2013 to correct typos. (ksa)
October 3, 2013 Opinion or Order Filing 96 Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 10/1/13 (details more fully stated within said Hearing Memo). (Court Reporter: None) (jg) Modified on 10/4/2013 to edit date hearing held. (ksa)
October 3, 2013 Opinion or Order Motion Hearing set for 1/22/15 at 9:00 AM in Courtroom 5B before Judge Nora Barry Fischer. Motion Hearing to continue, if necessary, on 1/23/15 at 9:00 AM in Courtroom 5B before Judge Nora Barry Fischer. (See #97 ). Text Only Entry: No PDF will issue. This text only entry constitutes the Court's Order or Notice on the matter. (jg)
September 24, 2013 Opinion or Order Filing 95 (Proposed) STIPULATED PROTECTIVE ORDER by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B) (Stewart, George) Modified on 9/25/2013. (jsp)
September 24, 2013 Opinion or Order Filing 94 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A, #2 Exhibit B) (Stewart, George)
September 18, 2013 Opinion or Order Filing 93 ORDER granting #92 Motion for Scott A. Allen, Esquire to Appear Pro Hac Vice as co-counsel to George N. Stewart and Dara A. DeCourcy at the law firm of Zimmer Kunz, PLLC, on behalf of Paintiffs. Signed by Judge Nora Barry Fischer on 9/18/13. (jg)
September 18, 2013 Opinion or Order Filing 92 MOTION for attorney Scott A. Allen to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2932170) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Affidavit, #2 Proposed Order) (Stewart, George)
September 6, 2013 Opinion or Order ORDER indicating that the Case Management Conference set for 10/1/13 at 1:00 PM is re-set for 10/1/13 at 5:00 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 9/6/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 24, 2013 Opinion or Order Filing 91 ORDER indicating that in accord with the foregoing Memorandum Order #90 , it is hereby ordered that compliance with provisions of Local Rule 16 and the Local Patent Rules shall be completed as follows: (1) By 9/10/13, the parties shall confer regarding whether any changes should be made to the protective order attached to the Local Patent Rules in Appendix A and, by 9/24/13 at 5:00 p.m. EST. the parties shall file a joint report with the Court identifying the agreed upon changes thereto, together with a copy of the agreed upon protective order, or identifying the open issues and stating the parties' respective positions thereon. The Court may then schedule oral argument, to the extent the Court deems it necessary. In preparing any protective order, parties and counsel must be mindful of the Court's Local Rules and Policies and Procedures regarding protective orders and sealing documents. See Electronic Case Filing Policy and Procedures, available at http://www.pawd.uscourts.gov/Documents/Forms/ECFPol&ProcAmended062013.pdf; (2) In accord with Local Patent Rule 3.1, not later than 14 days before the Initial Scheduling Conference, i.e. by 9/17/13, the parties shall exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) ("Initial Disclosures"); (3) As required by Rule 26(f) of the Federal Rules of Civil Procedure, the parties must, as soon as practicable and in any event no later than 9/10/13, "confer to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan[]" See Fed. R. Civ. P. 26(f). Pursuant to Rule 26(f), the attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for filing with the Court a written report outlining their discovery plan on or before 9/24/13 at 5:00 p.m. EST; (4) The Initial Case Management Conference will be held in this case on 10/1/13 at 1:00 p.m. by telephone, with the parties to provide a conference number to the Court for said call. A court reporter will be present; (5) The party claiming patent infringement must serve on all parties a Disclosure of Asserted Claims and Infringement Contentions by 11/4/13 at 5:00 p.m. EST; (6) The party claiming non-infringement and invalidity must serve on all parties a Disclosure of Non-Infringement and Invalidity Contentions by 12/4/13 at 5:00 p.m. EST; (7) Each party will simultaneously exchange Proposed Claim Terms and Phrases for Construction by 1/6/14 at 5:00 p.m. EST; (8) The parties shall meet and confer to identify claim terms and phrases that are in dispute, and claim terms and phrases that are not in dispute and prepare and file a Joint Disputed Claim Terms Chart by 2/6/14 at 5:00 p.m. EST. Each party shall also file with the Joint Disputed Claim Terms Chart an appendix containing a copy of each item of intrinsic evidence cited by the party in the Joint Disputed Claim Terms Chart; (9) The parties will contact Deputy Clerk John Galovich by 2/6/14 at 12:00 p.m. EST concerning the need for expert disclosure and, to the extent required, a timetable for same will be established by the Court in connection with claim construction; (10) Plaintiffs shall file and serve an Opening Claim Construction Brief and an identification of extrinsic evidence by 3/6/14 at 5:00 p.m. EST; (11) Defendant shall file and serve a response to the Opening Claims Construction Brief, an identification of extrinsic evidence and any objections to extrinsic evidence by 4/7/14 at 5:00 p.m. EST; (12) Plaintiffs may file a Reply directly rebutting the opposing party's Response, and any objections to extrinsic evidence by 4/21/14 at 5:00 p.m. EST; (13) Defendant may file a Sur-reply by 5/5/14 at 5:00 p.m. EST; (14) The Court will hold a technology tutorial on 5/13/14 at 9:00 a.m.. The parties should prepare to videotape this tutorial for the Court's benefit not only in deciding on claim construction, but also for summary judgment and pretrial preparations. The costs of said videotaping will be split evenly between the parties; (15) The Court will conduct a hearing and oral argument on Claim Construction beginning on 5/14/13 at 9:00 a.m. and continuing, if necessary, on 5/15/14; (16) Throughout this litigation, the Court requests that the parties provide hard copies to the Court of any briefing in excess of five (5) pages and any exhibits. If the parties use slide decks at any hearing, the parties will provide hard copies of said slides to the Court, the assigned law clerk and the court reporter; (17) Parties and counsel should be aware that the Court frowns upon midnight filings. Any and all submissions, either by hand or via CM/ECF, should be filed during regular business hours, between 8:30 a.m. and 5:00 p.m. EST. Signed by Judge Nora Barry Fischer on 7/24/13. (jg)
July 24, 2013 Opinion or Order Filing 90 MEMORANDUM ORDER indicating that #81 Plaintiffs' Motion to Lift Stay is granted, and the case will proceed in compliance with the provisions of Local Rule 16 and the Local Patent Rules as outlined in the order that follows. Signed by Judge Nora Barry Fischer on 7/24/13. (jg)
July 20, 2013 Opinion or Order Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on July 11, 2013, before Judge Nora Barry Fischer. Court Reporter Shirley Hall, Telephone number 412.765.0408. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 7/29/2013. Redaction Request due 8/12/2013. Redacted Transcript Deadline set for 8/20/2013. Release of Transcript Restriction set for 10/18/2013. (sah, )
July 11, 2013 Opinion or Order Filing 88 Minute Entry for proceedings held before Judge Nora Barry Fischer: Hearing held on 7/11/2013 indicating that the Court convened a telephonic hearing on Plaintiffs' Motion to Lift Stay #81 . The Court heard argument from both parties' counsel. The Court took the motion under advisement and preliminarily told the parties to expect an order in the next week. However, after the hearing, the Court was advised by the court reporter of an expedited trial transcript request in a civil case, and a trial transcript in a criminal sentencing matter. Thus, the preparation of this transcript may take longer than originally expected. Accordingly, the parties should expect a decision shortly after its preparation, tentatively by the end of July or beginning of August. Both parties ordered the transcript with the costs to be split evenly. (Court Reporter: S. Hall) (lks, )
July 9, 2013 Opinion or Order ORDER Setting Hearing on #81 Plaintiffs' Motion to Lift Stay: A Motion Hearing is set for 7/11/13 at 2:00 PM in Courtroom 5B before Judge Nora Barry Fischer. Parties may attend in person or by phone. Ordered by Judge Nora Barry Fischer on 7/9/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 8, 2013 Opinion or Order Filing 87 SEALED DOCUMENT (Exhibit B) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #86 Order on Motion for Leave to File Documents Under Seal. (jsp)
July 8, 2013 Opinion or Order Filing 86 ORDER granting #84 MOTION for Leave to File Exhibit Under Seal; that Defendant may file under seal an unredacted copy of Exhibit B to its Opposition to Plaintiff's Motion to Lift Stay. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 7/8/13. (jg)
July 8, 2013 Opinion or Order Filing 85 OPPOSITION re #81 Motion to Lift Stay filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Sneath, Henry) Modified on 7/9/2013. (jsp)
July 8, 2013 Opinion or Order Filing 84 MOTION for Leave to File Exhibit Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Sneath, Henry) Modified on 7/8/2013. (jg, )
June 21, 2013 Opinion or Order Filing 83 SEALED DOCUMENT (Exhibit A) by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #80 Order on Motion for Leave to File Documents Under Seal (jsp)
June 21, 2013 Opinion or Order Filing 82 BRIEF in Support re #81 Motion to Lift Stay filed by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit A - Cover Sheet to Document Filed Under Seal, #2 Exhibit B, #3 Exhibit C) (Stewart, George) Modified on 6/25/2013. (jsp)
June 21, 2013 Opinion or Order Filing 81 MOTION to Lift Stay by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (Stewart, George) Modified on 6/25/2013. (jsp)
June 21, 2013 Opinion or Order Filing 80 ORDER granting #79 Plaintiffs' Motion for Leave to File Documents Under Seal; that Plaintiffs may file under seal, as Exhibit A to their Memorandum in Support of the Motion to Lift Stay, their Motion for Summary Judgment of No Inequitable Condudct filed in the related Massachusetts litigation. Exhibit A to the Memorandum in Support of the Motion to Lift Stay shall remain under seal until further Order of this Court. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 6/21/13. (jg)
June 21, 2013 Opinion or Order Filing 79 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (Stewart, George)
June 13, 2013 Opinion or Order Filing 78 ORDER granting #77 Motion for Jennifer N. Scarpati, Esquire to Appear Pro Hac Vice on behalf of Defendant ZOLL LIFECOR CORPORATION. Signed by Judge Nora Barry Fischer on 6/13/13. (jg)
June 12, 2013 Opinion or Order Filing 77 MOTION for Jennifer N. Scarpati, Esquire to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2819181) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Proposed Order) (Sneath, Henry) Modified on 6/13/2013. (jsp)
June 11, 2013 Opinion or Order ORDER REFERRING CASE BACK to Judge Nora Barry Fischer. Motions No Longer Referred. Signed by Judge Nora Barry Fischer on 6/11/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )
June 10, 2013 Opinion or Order Filing 76 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 6/7/13 indicating that the parties did not request a Court reporter. The Court reviewed the Joint Status Report submitted by the parties by email. Counsel for Plaintiffs advised the Court of the status of litigation in the 3 related actions in the Districts of Massachusetts and Delaware. Next, the Court heard from both parties' counsel on lifting the stay on this case. Since the parties did not agree, Plaintiffs were ordered to file a Motion on same by 6/21/13. Defendant will file its Response by 7/8/13. In their briefs the parties will advise the Court if they request oral argument on this issue. The Court will set the date for argument at that time. (Court Reporter: None) (jg)
June 5, 2013 Opinion or Order AMENDED ORDER (Amending Text Order dated 6/5/13) indicating that upon notification of Judge Lenihan's resolution of Defendant's Motion for Sanctions #75 , a Telephonic Status Conference with counsel is hereby set for 6/7/13 at 11:00 AM. The Court will initiate the call. Ordered by Judge Nora Barry Fischer on 6/5/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
June 5, 2013 Opinion or Order ORDER indicating that upon notification of Judge Lenihan's resolution of Defendant's Motion for Sanctions #75 , a Telephonic Status Conference with counsel is hereby set for at 11:00 AM. The Court will initiate the call. Ordered by Judge Nora Barry Fischer on 6/5/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
June 5, 2013 Opinion or Order ORDER indicating that the Telephonic Status Conference set for 6/7/13 at 11:00 AM is now rescheduled for 6/7/13 at 3:00pm. The Court will initiate the call. Ordered by Judge Nora Barry Fischer on 6/5/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lks)
June 4, 2013 Opinion or Order ORDER: For the reasons set forth on the record at the Motion Hearing held before Chief Magistrate Judge Lisa Pupo Lenihan on June 3, 2013, the #55 Motion for Sanctions is DENIED. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 06/04/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
June 3, 2013 Opinion or Order Filing 75 Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Motion Hearing held on 6/3/2013 on the #55 MOTION for Sanctions filed by ZOLL LIFECOR CORPORATION. The parties consent to the jurisdiction of this Magistrate Judge solely to decide the issue of sanctions (ECF No. #55 ) pursuant to 28 U.S.C. Section 636(c)(1). The Court heard argument. After setting forth her reasoning on the record, the Court denied the Motion for Sanctions (ECF No. #55 ). The transcript is ordered to be sealed. (Court Reporter: none) (jmb)
May 29, 2013 Opinion or Order Filing 74 ORDER granting #73 Motion for Ellen A. Scordino, Esquire to Appear Pro Hac Vice on behalf of Defendant. Signed by Judge Nora Barry Fischer on 5/29/13. (jg)
May 29, 2013 Opinion or Order Filing 73 MOTION for attorney Ellen A. Scordino to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2802484) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Proposed Order) (Sneath, Henry)
May 29, 2013 Opinion or Order Filing 72 ORDER granting #71 Unopposed Motion to Amend Caption; that effective upon the entry of this Order, the caption is amended, to replace the former name of Plaintiff Koninklijke Philips Electronics N.V with its new name, Koninklijke Philips N.V. Signed by Judge Nora Barry Fischer on 5/29/13. (jg)
May 29, 2013 Opinion or Order Filing 71 Unopposed MOTION to Amend Caption by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit, #2 Proposed Order) (Stewart, George) Modified on 5/30/2013. (jsp)
May 23, 2013 Opinion or Order Filing 70 SEALED DOCUMENT (Reply Brief) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #68 Order on Motion for Leave to File. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (jsp)
May 22, 2013 Opinion or Order Filing 69 REPLY BRIEF (REDACTED) re #55 Motion for Sanctions filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Exhibit) (Sneath, Henry) Modified on 5/23/2013. (jsp)
May 22, 2013 Opinion or Order Filing 68 ORDER GRANTING the #67 Motion for Leave to File under seal an unredacted Reply Brief in Support of its Motion for Sanctions for Plaintiffs' Failure to Mediate in Good Faith and accompanying exhibits, as well as a redacted version of the Reply Brief on the Court's public docket. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 05/22/2013. (jmb)
May 20, 2013 Opinion or Order Filing 67 MOTION for Leave to File Reply Brief by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit A, #2 Proposed Order) (Sneath, Henry)
May 20, 2013 Opinion or Order Filing 66 Errata re #63 Brief in Opposition - Other by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. Reason for Correction: Error. (Stewart, George)
May 16, 2013 Opinion or Order ORDER that a Hearing is scheduled for June 3, 2013 at 3:00 PM on the Motion for Sanctions for Plaintiffs' Failure to Mediate in Good Faith (ECF No. #55 ). The hearing will be held in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 05/16/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
May 14, 2013 Opinion or Order Filing 65 ORDER indicating that upon consideration of Defendant's Motion for Sanctions for Plaintiffs Failure to Mediate in Good Faith and Brief in Support thereof (See Document Nos. #55 and #56 / #58 ), and Plaintiffs' Brief in Opposition (See Document Nos. #63 / #64 ), it is hereby ordered that, pursuant Section 2.4 of the ADR Policies and Procedures for the United States District Court for the Western District of Pennsylvania, said Motion is referred to this Court's ADR Judge, United States District Judge Joy Flowers Conti, as Chair of the Court's Standing Committee on Case Management and ADR, for reference said matter to Chief Magistrate Judge Lisa Pupo Lenihan for preparation of a Report and Recommendation pertaining to said Motion. Signed by Judge Nora Barry Fischer on 5/14/13. (jg)
May 14, 2013 Opinion or Order Filing 64 SEALED DOCUMENT (Brief in Opposition) by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. This document Sealed pursuant to #62 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration) (jsp)
May 13, 2013 Opinion or Order Filing 63 BRIEF in Opposition to #55 MOTION for Sanctions, (Redacted) filed by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George) Document removed from public view per Court's direction. See #66 Errata. Modified on 5/21/2013. (jsp)
May 10, 2013 Opinion or Order Filing 62 ORDER granting #61 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/10/2013. (bdk)
May 10, 2013 Opinion or Order Filing 61 MOTION for Leave to File Documents Under Seal by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Proposed Order) (Stewart, George)
May 7, 2013 Opinion or Order Filing 60 ORDER indicating that upon consideration of the Court's earlier decision staying the above captioned matter (Docket No. #45 ), Defendant's Pending Motion for Sanctions (Docket No. #55 ) and discussions at a status conference held on May 7, 2013 (Docket No. #59 ), it is hereby ordered that this case remains stayed until the resolution of Defendant's Pending Motion for Sanctions (Docket No. #55 ), at which time the Court will set a status conference to address the issues of continuing the stay and/or a transfer to the District of Massachusetts. Signed by Judge Nora Barry Fischer on 5/7/13. (jg)
May 7, 2013 Opinion or Order Filing 59 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 5/7/13 indicating that the parties did not request a Court reporter. The Court reviewed the Joint Status Report submitted by the parties by email. Counsel for Plaintiffs advised the Court of the status of litigation in the 3 related actions in the Districts of Massachusetts and Delaware. The Court advised the parties on the handling of the Motion for Sanctions #55 related to mediation discussions, specifically that a memorandum had already been prepared and sent to Judge Conti, chair of the ADR committee. As chair, she will refer the case to an ADR committee judge for resolution. Next, the Court heard from both parties' counsel on continuing the stay on this case. Given the pending Motion for Sanctions related to the mediation, the Court ordered that the case would be stayed pending decision on that motion. An appropriate order follows. (Court Reporter: None) (jg)
May 6, 2013 Opinion or Order Filing 58 SEALED DOCUMENT (Brief in Support of it's Motion for Sanctions for Plaintiffs' Failure to Mediate in Good Faith) by ZOLL LIFECOR CORPORATION. This document Sealed pursuant to #57 Order on Motion for Leave to File Documents Under Seal. (ksa)
May 6, 2013 Opinion or Order Filing 57 ORDER granting #54 Defendant's Motion for Leave to File Documents Under Seal; that Defendant may file under seal an unredacted Brief in Support of its Motion for Sanctions for Plaintiffs' Bad Faith Participation at Mediation. The unreadacted Brief in Support of its Motion for Sanctions shall remain under seal until further order of this Court. Defendant is required to serve the sealed document on counsel using traditional service methods Decision to Unseal Document deferred. Signed by Judge Nora Barry Fischer on 5/6/13. (jg)
May 6, 2013 Opinion or Order ORDER Response/Briefing Schedule re #55 Defendant's Motion for Sanctions for Plaintiffs' Failure to Mediate in Good Faith: Plaintiffs' Response to said Motion is due by 5/13/13. Ordered by Judge Nora Barry Fischer on 5/6/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
May 4, 2013 Opinion or Order Filing 56 BRIEF in Support re #55 Motion for Sanctions (Redacted) filed by ZOLL LIFECOR CORPORATION. (Sneath, Henry)
May 4, 2013 Opinion or Order Filing 55 MOTION for Sanctions by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Sneath, Henry)
May 3, 2013 Opinion or Order Filing 54 MOTION for Leave to File Documents Under Seal by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Sneath, Henry)
April 28, 2013 Opinion or Order Filing 53 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 4/17/2013. (Lindefjeld, Robert)
April 10, 2013 Opinion or Order Filing 52 Notice of Substitution of Participant in Mediation Conference by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. Mediation Date April 17, 2013 at 9:00 a.m. (Stewart, George) Modified on 4/11/2013. (jsp)
March 13, 2013 Opinion or Order Filing 51 ORDER granting #50 Motion for Kevin J. DeJong, Esquire to Appear Pro Hac Vice on behalf of Defendant ZOLL LIFECOR CORPORATION. Ordered by Judge Nora Barry Fischer on 3/13/13. (jg)
March 13, 2013 Opinion or Order Filing 50 MOTION for attorney Kevin J. DeJong to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2709796) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Proposed Order) (DeJong, Kevin)
March 4, 2013 Opinion or Order Filing 49 Notice of Mediation by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, ZOLL LIFECOR CORPORATION. Mediation Date April 17, 2013 at 9:00 a.m. (Stewart, George)
February 26, 2013 Opinion or Order ORDER indicating that upon consideration of the #48 Plaintiffs' "Motion for Extension of Time to Complete ADR Stipulation," which the Court construes as a Motion for Extension of Time to File a Notice of date, time and location of Mediation Session, it is hereby ordered that said Motion is granted and said Notice shall be filed by 3/4/13. Ordered by Judge Nora Barry Fischer on 2/26/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
February 25, 2013 Opinion or Order Filing 48 MOTION for Extension of Time to Complete ADR Stipulation by KONINKLIJKE PHILIPS ELECTRONICS N.V.. (Attachment: #1 Proposed Order) (Stewart, George) Modified on 2/26/2013. (jsp)
February 15, 2013 Opinion or Order Filing 47 ORDER REFERRING CASE to Mediation. Robert O. Lindejfeld, Esquire is appointed as mediator; The ADR conference(s) shall be concluded before 4/30/13, unless extended by order of the Court; George Stewart, Esq. is designated as lead counsel and shall be responsible for working with the parties and the neutral to coordinate an agreeable date, time and location for the initial ADR conference. It is the responsibility of lead counsel to insure that the date, time and location of the ADR session as well as the principals from each party, and insurance representatives, with full settlement authority, who will be in attendance at the ADR session, has been electronically filed with the Court by 2/25/13. The Court shall be promptly noticed of any rescheduled date for the scheduled conference. Signed by Judge Nora Barry Fischer on 2/15/13. (jg)
February 15, 2013 Opinion or Order Filing 46 STIPULATION selecting ADR process by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, ZOLL LIFECOR CORPORATION. (Stewart, George)
February 6, 2013 Opinion or Order Filing 45 ORDER granting in part and denying in part Defendant's Motion to Stay #26 . Zoll's Motion #26 is denied to the extent that the parties shall participate in the United States District Court for the Western District of Pennsylvanias Alternative Dispute Resolution (ADR) program in compliance with Local Rule 16.2. Zoll's Motion #26 is granted to the extent that this action, in all other respects except as outlined below, is stayed until conclusion of Court annexed mediation. It is further ordered that the attorneys of record will jointly submit to the Court a stipulation selecting an ADR process and neutral (pursuant to Revised Local Rule 16.2) by no later than 2/15/13 at 12:00 p.m. The parties shall exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) ("Initial Disclosures") in accord with Local Patent Rule 3.1 by 2/28/13 in preparation for said mediation. Mediation shall be concluded by 4/30/13 and a report by the neutral shall be promptly filed. Thereafter the Court will hold a status conference to address any and all remaining issues on 5/7/13 at 2:00 p.m. Signed by Judge Nora Barry Fischer on 2/6/13.(lks)
February 1, 2013 Opinion or Order Filing 44 SUPPLEMENT BRIEF in Support re #26 Motion to Stay filed by ZOLL LIFECOR CORPORATION. (Sneath, Henry) Modified on 2/4/2013. (jsp)
February 1, 2013 Opinion or Order Filing 43 POST-HEARING BRIEF in Opposition re #26 Motion to Stay filed by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit Q, #2 Exhibit R) (DeCourcy, Dara) Modified on 2/4/2013. (jsp)
January 20, 2013 Opinion or Order Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Stay Proceedings held on Monday, January 14, 2013, before Judge Nora Barry Fischer. Court Reporter Shirley Hall, Telephone number 412.765.0408. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 1/28/2013. Redaction Request due 2/11/2013. Redacted Transcript Deadline set for 2/20/2013. Release of Transcript Restriction set for 4/22/2013. (sah, )
January 14, 2013 Opinion or Order Filing 41 Minute Entry for proceedings held before Judge Nora Barry Fischer: indicating that the Court held a hearing on Defendant's Motion to Stay #27 , during which the Court heard oral argument from counsel for the parties. Defendant's General Counsel Aaron Grossman, Esq. was also present. The Court ordered supplemental briefing from the parties addressing the arguments and issues presented during the hearing, to be due by 2/1/13. The transcript was ordered by the parties with the costs to be split evenly. (lks)
December 18, 2012 Opinion or Order ORDER indicating that the Hearing on #26 Motion to Stay set for 12/19/12 at 2:00 PM is re-set for 1/14/13 at 2:00 PM in Courtroom 5B before Judge Nora Barry Fischer. Ordered by Judge Nora Barry Fischer on 12/18/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
December 13, 2012 Opinion or Order Filing 40 MOTION for attorney Kurt L. Glitzenstein to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2609074) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Proposed Order) (Sneath, Henry)
December 13, 2012 Opinion or Order Filing 39 MOTION for attorney Gauri M. Dhavan to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2609068) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Affidavit, #2 Proposed Order) (Sneath, Henry)
December 13, 2012 Opinion or Order Filing 38 MOTION for attorney Brian K. Wells to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2609054) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Proposed Order) (Sneath, Henry)
December 13, 2012 Opinion or Order ORDER granting #38 Motion for Brian K. Wells, Esquire to Appear Pro Hac Vice on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 12/13/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
December 13, 2012 Opinion or Order ORDER granting #39 and #40 Motions to Appear Pro Hac Vice of Gauri M. Dhavan, Esquire and Kurt L. Glitzenstein, Esqurie on behalf of Defendant. Ordered by Judge Nora Barry Fischer on 12/13/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
December 10, 2012 Opinion or Order Filing 37 Sur-Reply In Opposition to Zoll's #26 Motion to Stay filed by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Exhibit M, #2 Exhibit N, #3 Exhibit O, #4 Exhibit P) (Stewart, George) Modified on 12/11/2012. (jsp)
December 3, 2012 Opinion or Order Filing 36 ORDER indicating that upon consideration of Defendant's Motion to Stay, documents filed in support thereof, Plaintiffs' Response in Opposition, Defendant's Reply to Response, and Plaintiffs' Supplement to Response in Opposition (Docket Nos. #26 , #27 , #29 , #31 , #33 ), it is hereby ordered that Plaintiffs shall file a Sur-Reply Brief addressing the issues raised by Defendant in its Reply by 12/10/12 at 5:00 p.m.; that a hearing on said Motion (Docket No. #26 ) is scheduled in the above captioned matter for 12/19/12 at 2:00 p.m., in Courtroom 5B, U.S. Post Office & Courthouse, 700 Grant Street, Pittsburgh, PA. Signed by Judge Nora Barry Fischer on 12/3/12. (jg)
November 30, 2012 Opinion or Order Filing 35 ORDER granting #34 Motion for Adam J. Kessel to Appear Pro Hac Vice. Signed by Judge Nora Barry Fischer on 11/30/2012. (bdk)
November 30, 2012 Opinion or Order Filing 34 MOTION for attorney Adam J. Kessel to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2593117) by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit, #2 Proposed Order) (Sneath, Henry)
November 30, 2012 Opinion or Order Filing 33 SUPPLEMENT to #29 Response in Opposition, filed by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Exhibit) (DeCourcy, Dara) Modified on 12/3/2012. (jsp)
November 29, 2012 Opinion or Order Filing 32 MOTION for Leave to File To Supplement its #2 Opposition to Zoll's Motion to Stay by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Appendix 1, #2 Proposed Order) (DeCourcy, Dara) Modified on 11/30/2012. (jsp)
November 29, 2012 Opinion or Order ORDER granting #32 Plaintiffs' Motion for Leave to Supplement its #29 Opposition to Zoll's Motion to Stay; Plaintiffs shall file said supplement by 11/30/2012.Signed by Judge Nora Barry Fischer on 11/29/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) Modified on 11/30/2012. (jsp)
November 28, 2012 Opinion or Order Filing 31 REPLY to Response to Motion re #26 Motion to Stay filed by ZOLL LIFECOR CORPORATION. (Sneath, Henry)
November 21, 2012 Opinion or Order Filing 30 ORDER indicating that upon consideration of Defendant's Motion to Stay, documents filed in support thereof and Plaintiffs' Response in Opposition, (Document Nos. #26 , #27 , #29 ), it is hereby ordered that Defendant Zoll Medical Corporation shall file a Reply Brief by 11/28/12 at 5:00 p.m. Signed by Judge Nora Barry Fischer on 11/21/12. (jg)
November 19, 2012 Opinion or Order Filing 29 RESPONSE IN OPPOSITION to Zoll's #26 Motion to Stay filed by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (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 Proposed Order) (Stewart, George) Modified text and linked document on 11/20/2012. (jsp)
November 10, 2012 Opinion or Order Filing 28 ORDER indicating that upon consideration of Defendant Zoll Medical Corporation's Motion to Stay and documents filed in support thereof #26 , and #27 , it is hereby ordered that Plaintiffs, Koninklijke Philips Electronics N.V. and Philips Electronics North America Corporation, shall file a Response to said Motion by no later than November 19, 2012. Signed by Judge Nora Barry Fischer on 11/10/12.(lks)
November 9, 2012 Opinion or Order Filing 27 BRIEF in Support re #26 Motion to Stay filed by ZOLL LIFECOR CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Sneath, Henry)
November 9, 2012 Opinion or Order Filing 26 MOTION to Stay by ZOLL LIFECOR CORPORATION. (Attachments: #1 Proposed Order) (Sneath, Henry)
November 9, 2012 Opinion or Order Filing 25 Disclosure Statement identifying Zoll Medical Corporation as corporate parent or other affiliate, by ZOLL LIFECOR CORPORATION. (Sneath, Henry)
November 9, 2012 Opinion or Order Filing 24 ANSWER to #1 Complaint, by ZOLL LIFECOR CORPORATION. (Sneath, Henry)
October 15, 2012 Opinion or Order Filing 23 ORDER granting #19 Motion for Robert F. Shaffer, Esquire to Appear Pro Hac Vice for Plaintiffs. Signed by Judge Nora Barry Fischer on 10/15/12. (jg)
October 15, 2012 Opinion or Order Filing 22 ORDER granting #18 Motion for Michael Jakes, Esquire to Appear Pro Hac Vice for Plaintiffs. Signed by Judge Nora Barry Fischer on 10/15/12. (jg)
October 15, 2012 Opinion or Order Filing 21 ORDER granting #17 Motion for Denise W. DeFranco, Esquire to Appear Pro Hac Vice for Plaintiffs. Signed by Judge Nora Barry Fischer on 10/15/12. (jg)
October 15, 2012 Opinion or Order Filing 20 ORDER granting #16 Motion for David K. Mroz, Esquire to Appear Pro Hac Vice for Plaintiffs. Signed by Judge Nora Barry Fischer on 10/15/12. (jg)
October 15, 2012 Opinion or Order Filing 19 MOTION for attorney Robert F. Shaffer to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2539427) by KONINKLIJKE PHILIPS ELECTRONICS N.V.. (Attachments: #1 Affidavit, #2 Proposed Order) (Stewart, George)
October 15, 2012 Opinion or Order Filing 18 MOTION for attorney J. Michael Jakes to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2539405) by KONINKLIJKE PHILIPS ELECTRONICS N.V.. (Attachments: #1 Affidavit, #2 Proposed Order) (Stewart, George)
October 15, 2012 Opinion or Order Filing 17 MOTION for attorney Denise W. DeFranco to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2539395) by KONINKLIJKE PHILIPS ELECTRONICS N.V.. (Attachments: #1 Affidavit, #2 Proposed Order) (Stewart, George)
October 15, 2012 Opinion or Order Filing 16 MOTION for attorney David K. Mroz to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2539384) by KONINKLIJKE PHILIPS ELECTRONICS N.V.. (Attachments: #1 Affidavit, #2 Proposed Order) (Stewart, George)
October 15, 2012 Opinion or Order Filing 15 ORDER granting #14 Motion to Withdraw of Attorney Lionel M. Lavenue on behalf of Koninklijke Philips Electronics, N.V. and Philips Elctronics North America Corporation in the above-entitled proceedings. The Clerk is directed to remove said attorney from the list of persons designated to receive notice of case acivity with respect to this matter. Signed by Judge Nora Barry Fischer on 10/15/12. (jg) Modified on 10/17/2012. (jsp)
October 12, 2012 Opinion or Order Filing 14 MOTION by Lionel Lavenue to Withdraw as Attorney by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachment: #1 Proposed Order) (Lavenue, Lionel) Modified on 10/16/2012. (jsp)
October 10, 2012 Opinion or Order Filing 13 NOTICE of Appearance by Dara A. DeCourcy on behalf of KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (DeCourcy, Dara)
October 10, 2012 Opinion or Order Filing 12 NOTICE of Appearance by George N. Stewart on behalf of KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Stewart, George)
October 10, 2012 Opinion or Order Filing 11 Stipulation for Extension of Time to Answer by ZOLL LIFECOR CORPORATION Answer due from ZOLL LIFECOR CORPORATION on 11/9/2012. (Wagner, Robert)
October 3, 2012 Opinion or Order Filing 10 NOTICE of Appearance by Robert L. Wagner on behalf of ZOLL LIFECOR CORPORATION. (Wagner, Robert)
October 3, 2012 Opinion or Order Filing 9 NOTICE of Appearance by Joseph R. Carnicella on behalf of ZOLL LIFECOR CORPORATION. (Carnicella, Joseph)
October 3, 2012 Opinion or Order Filing 8 NOTICE of Appearance by Henry M. Sneath on behalf of ZOLL LIFECOR CORPORATION. (Sneath, Henry)
September 28, 2012 Opinion or Order Filing 7 SUMMONS/Return of Service Returned Executed by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. ZOLL LIFECOR CORPORATION served on 9/21/2012, answer due 10/12/2012. (Lavenue, Lionel)
September 24, 2012 Opinion or Order Filing 6 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg)
September 24, 2012 Opinion or Order Filing 5 ORDER Declining Assignment of Patent Case, in accordance with Section 1(a)(1)(C) of Public Law 111-349, Pilot Program in Certain District Courts. Signed by Judge Terrence F. McVerry on 9/24/2012. (kly)
September 24, 2012 Opinion or Order Filing 4 PATENT/TRADEMARK DOCUMENTS ISSUED. (jsp)
September 24, 2012 Opinion or Order Judge Terrence F. McVerry no longer presiding. (mjl)
September 24, 2012 Opinion or Order Judge Nora Barry Fischer presiding. (mjl)
September 21, 2012 Opinion or Order Filing 3 Disclosure Statement identifying PHILIPS HOLDING USA, INC. as corporate parent or other affiliate, by PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (jsp) )
September 21, 2012 Opinion or Order Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by KONINKLIJKE PHILIPS ELECTRONICS N.V.. (jsp)
September 21, 2012 Opinion or Order Filing 1 COMPLAINT against ZOLL LIFECOR CORPORATION (Filing fee $350, receipt number 0315-2513144), filed by KONINKLIJKE PHILIPS ELECTRONICS N.V., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION. (Attachments: #1 Civil Cover Sheet, #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 Summons) (jsp) Modified on 9/24/2012. (jsp)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System

Search for this case: KONINKLIJKE PHILIPS ELECTRONICS N.V. et al v. ZOLL LIFECOR CORPORATION
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Special master: GALE R. PETERSON
Represented By: Gale R. Peterson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: PHILIPS NORTH AMERICA LLC
Represented By: Dara A. DeCourcy
Represented By: George N. Stewart
Represented By: Lionel M. Lavenue
Represented By: David K. Mroz
Represented By: Denise W. DeFranco
Represented By: Eric C. Jeschke
Represented By: Luke McCammon
Represented By: Michael Jakes
Represented By: Robert F. Shaffer
Represented By: Scott A. Allen
Represented By: Susan Y. Tull
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: KONINKLIJKE PHILIPS N.V.
Represented By: Dara A. DeCourcy
Represented By: George N. Stewart
Represented By: Lionel M. Lavenue
Represented By: David K. Mroz
Represented By: Denise W. DeFranco
Represented By: Eric C. Jeschke
Represented By: Luke McCammon
Represented By: Michael Jakes
Represented By: Robert F. Shaffer
Represented By: Scott A. Allen
Represented By: Susan Y. Tull
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ZOLL LIFECOR CORPORATION
Represented By: Andrew R. Kopsidas
Represented By: David I. Gindler
Represented By: Henry M. Sneath
Represented By: Jenny Shmuel
Represented By: Joseph R. Carnicella
Represented By: Morgan Chu
Represented By: Adam J. Kessel
Represented By: Alan Heinrich
Represented By: Amber L. Reiner Skovdal
Represented By: Brian K. Wells
Represented By: Christine M. Woodin
Represented By: Christopher A. Vanderlaan
Represented By: Crawford M. Wells
Represented By: David C. McPhie
Represented By: Elizabeth C. Tuan
Represented By: Ellen A. Scordino
Represented By: Gauri M. Dhavan
Represented By: Jennifer N. Scarpati
Represented By: Kevin J. DeJong
Represented By: Kurt L. Glitzenstein
Represented By: Nima Hefazi
Represented By: Rebecca L. Carson
Represented By: Robert L. Wagner
Represented By: Talin Gordnia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?