Tyco Healthcare Group LP et al v. E-Z-EM, Inc.
Plaintiff: Tyco Healthcare Group LP, Liebel-Flarsheim Company and Mallinckrodt Inc.
Defendant: ACIST Medical Systems, Inc. and E-Z-EM, Inc.
Petitioner: Bracco Diagnostics Inc.'s
Not Classified By Court: Robert W Faulkner
Case Number: 2:2007cv00262
Filed: June 20, 2007
Court: US District Court for the Eastern District of Texas
Office: Marshall Office
County: XX US, Outside State
Presiding Judge: T John Ward
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 21, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2010 Filing 702 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/15/10 Morning Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 701 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/14/10 Afternoon Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 700 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/14/10 Morning Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 699 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/10/10 Afternoon Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 698 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/10/10 Morning Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 697 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/9/10 Afternoon Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 696 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/9/10 Morning Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/ J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 695 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/8/10 Afternoon Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 694 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/8/10 Morning Session before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 693 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/7/10 Opening Statements before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 692 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/7/10 Voir Dire Proceedings before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 21, 2010 Filing 691 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/7/10 Pretrial Hearing before Judge Chad Everingham. Court Reporter/Transcriber: S. Simmons/J. Werlinger,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (lss, )

June 15, 2010 Opinion or Order Filing 690 ORDER granting Joint Stipulation of Dismissal - The Court, having considered the parties Joint Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41.(a)(1)(A)(ii) finds that an Order shall be entered as follows: that the within action, including all claims and counterclaims herein, be and are hereby dismissed, with prejudice and without costs to any party. Signed by Judge T. John Ward on 6/15/10. (ehs, )
June 15, 2010 Filing 689 Minute Entry for proceedings held before Judge T. John Ward: Jury Trial completed on 6/15/2010. (Court Reporter Judy Werlinger.) (bga, )
June 15, 2010 Filing 682 STIPULATION of Dismissal Joint Stipulation of Dismissal by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
June 14, 2010 Filing 688 Minute Entry for proceedings held before Judge T. John Ward: Jury Trial held on 6/14/2010. (Court Reporter Judy Werlinger.) (bga, )
June 14, 2010 Filing 681 RESPONSE to #676 Brief Plaintiffs' Response to Defendants' Bench Brief re: The Issues of Conception and Reduction to Practice of the Claimed Invention by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Ruttenberg, Guy)
June 14, 2010 Filing 680 Additional Attachments to Main Document: #675 MOTION for Reconsideration Regarding Exclusion of Mr. Kelly's Testimony.. (Attachments: #1 Certificate of Conference)(Dacus, Deron)
June 14, 2010 Filing 679 Additional Attachments to Main Document: #674 MOTION for Reconsideration of the Court's Ruling Precluding Defendants from Introducing Certain Evidence at Trial.. (Attachments: #1 Certificate of Conference)(Dacus, Deron)
June 14, 2010 Filing 678 RESPONSE in Opposition re #675 MOTION for Reconsideration Regarding Exclusion of Mr. Kelly's Testimony filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Ruttenberg, Guy)
June 14, 2010 Filing 677 Proposed Jury Instructions by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy)
June 14, 2010 Filing 676 BRIEF filed Bench Brief Re: the Issues of Conception and Reduction to Practice of the Claimed Invention in U.S. Patent No. 5,868,710 (replaces #673) by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Dacus, Deron)
June 14, 2010 ***FILED IN ERROR, WRONG EVENT USED, ATTY MUST REFILE USING CORRECT EVENT. Document # 673, Notice. PLEASE IGNORE.*** (sm, )
June 13, 2010 Filing 675 MOTION for Reconsideration Regarding Exclusion of Mr. Kelly's Testimony by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Dacus, Deron)
June 13, 2010 Filing 674 MOTION for Reconsideration of the Court's Ruling Precluding Defendants from Introducing Certain Evidence at Trial by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
June 13, 2010 Filing 673 ***FILED IN ERROR, PLEASE IGNORE.***NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Bench Brief Re: the Issues of Conception and Reduction to Practice of the Claimed Invention in U.S. Patent No. 5,868,710 (Dacus, Deron) Modified on 6/14/2010 (sm, ).
June 10, 2010 Filing 687 Minute Entry for proceedings held before Judge T. John Ward: Jury Trial held on 6/10/2010. (Court Reporter Judy Werlinger.) (bga, )
June 10, 2010 Opinion or Order Filing 672 ORDER - The court has reviewed the defendants exhibit DX1347. As to Bates numbers M00423857- 862, the plaintiffs objections are overruled because of the proximity of the report to the date of the hypothetical negotiation. The defendants use of this exhibit is limited to the portion identified above. This portion of the exhibit shall be renumbered DX1347(a) and is admitted. Signed by Magistrate Judge Charles Everingham on 6/10/2010. (ch, )
June 9, 2010 Filing 686 Minute Entry for proceedings held before Judge T. John Ward: Jury Trial held on 6/9/2010. (Court Reporter Judy Werlinger.) (bga, )
June 9, 2010 Opinion or Order Filing 671 ORDER regarding Defendants' Trial Exhibits. Defendants' exhibits DX1717, DX1718 and DX1719 are admitted. The Defendants shall identify which portions of DX1347 they wish to offer by 8:00 a.m. on Thursday, June 10, 2010, and the Court will determine the admissibility at that time. Signed by Magistrate Judge Charles Everingham on June 9, 2010. (jml)
June 8, 2010 Filing 685 Minute Entry for proceedings held before Judge T. John Ward: Jury Trial held on 6/8/2010. (Court Reporter Judy Werlinger.) (bga, )
June 8, 2010 Opinion or Order Filing 670 ORDER - before the court is Plaintiffs Motion to Strike Certain Portions of Defendants Expert Reports [Dkt. No. 570] and Defendants Motion for Reconsideration of Motion in Limine. [Dkt. No. 621] The Court conducted a hearing on 6/4/2010 during which the Court heard argument about these motions. After considering the parties arguments and briefing, the Court issues the following ruling. Signed by Judge T. John Ward on 6/8/2010. (ch, )
June 8, 2010 Filing 669 Exhibit List Updated List of Admitted Exhibits by ACIST Medical Systems, Inc., E-Z-EM, Inc... (Dacus, Deron)
June 8, 2010 Filing 668 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/4/10 Motion Hearing before Judge T. John Ward. Court Reporter/Transcriber: S. Simmons, CSR,Telephone number: 903/935-3868.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/2/2010. Redacted Transcript Deadline set for 7/12/2010. Release of Transcript Restriction set for 9/10/2010. (lss, )

June 8, 2010 Opinion or Order Filing 667 ORDER granting #647 Joint Motion for Entry of Stipulation Regarding Exchange of Demonstratives and Notice of Trial Witnesses and Exhibits.. Signed by Judge T. John Ward on 6/8/2010. (ch, )
June 8, 2010 Filing 666 Exhibit List - Updated List of Admitted Exhibits by Liebel-Flarsheim Company, Mallinckrodt Inc... (Ruttenberg, Guy)
June 7, 2010 Filing 684 Minute Entry for proceedings held before Judge T. John Ward: Jury Trial held on 6/7/2010. (Court Reporter Judy Werlinger.) (bga, )
June 7, 2010 Filing 683 Minute Entry for proceedings held before Judge T. John Ward: Jury Selection held on 6/7/2010. (Court Reporter Judy Werlinger.) (bga, )
June 7, 2010 Opinion or Order Filing 665 ORDER - Pending before the court are the parties objections to deposition designations; this matter was referred to the undersigned for resolution. The court sustains the objections to the following deposition designations: Cross-Hansen 94:9-94:14, 94:19-94:24, 95:7-95:8, 107:15-108:9; Rehrl 91:13-91:22, 93:8-93:11, 133:10-133:18, 135:14-135:25, 155:6-155:10, 169:22- 170:1; Tengco 213:13-213:16, Wagner 130:8-130:12, 130:21-131:7, 131:19-132:6. The balance of the objections are overruled. Signed by Magistrate Judge Charles Everingham on 6/7/2010. (ch, )
June 7, 2010 Filing 664 Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Evidentiary Hearing held on 6/7/2010. (Court Reporter Judy Werlinger, CSR.) (Attachments: #1 Attorney Sign-in Sheet, #2 Exhibit List of Plaintiffs (Unobjected To)) (jml)
June 7, 2010 Opinion or Order Filing 663 ORDER - before the court are the parties Motions in Limine #586 , #601 , and #605 . The court conducted a pretrial hearing on 5/28/2010 during which the court heard arguments about these motions. The court ruled from the bench as follows herein (see order). Signed by Judge T. John Ward on 6/7/2010. (ch, )
June 7, 2010 Opinion or Order Filing 662 ORDER granting #627 Sealed Motion to File a Second Supplemental and Amended Complaint; denying #634 Sealed Motion for Leave to Re-Submit Depositions Designation and Additional Exhibits. Signed by Judge T. John Ward on 6/7/2010. (ch, )
June 7, 2010 Filing 661 APPLICATION to Appear Pro Hac Vice by Attorney Srilakshmi Madhavi Ravi for ACIST Medical Systems, Inc.,Srilakshmi Madhavi Ravi for E-Z-EM, Inc. (APPROVED FEE PAID) 6-1-22571. (ch, )
June 7, 2010 Filing 660 ***FILED IN ERROR, PLEASE IGNORE.***MOTION to Quash Non-Party Bracco Diagnostics Inc.'s Motion to Quash (Challenging Lack of Service) Pursuant to Fed. R. Civ. P. 12(b)(5) or in the Alternative Motion for Extension of Time and for a Trial Continuance by Bracco Diagnostics Inc.'s. (Attachments: #1 Affidavit Affidavit of Daniel J. O'Connor, #2 Text of Proposed Order)(Richardson, Michael) Modified on 6/7/2010 (sm, ).
June 7, 2010 Filing 659 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRETRIAL HEARING held on 6/2/10 before Judge Chad Everingham. Court Reporter/Transcriber: Shelly Holmes, CSR,Telephone number: (903) 663-5082. (111 Pages)NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2010. Redacted Transcript Deadline set for 7/12/2010. Release of Transcript Restriction set for 9/10/2010. (tja, )
June 7, 2010 ***FILED IN ERROR, PER ATTY, ATTY IS NOT GOING TO REFILE, MOTION IS TERMINATED. Document # 660, Motion to quash. PLEASE IGNORE.*** (sm, )
June 6, 2010 Filing 658 SEALED RESPONSE by Liebel-Flarsheim Company, Mallinckrodt Inc. to #633 Defendants' Offer Of Proof Of Chain Of Custody filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: # (A) Exhibit, # (B) Exhibit, # (C) Exhibit, # (D) Exhibit, # (E) Exhibit, # (F) Exhibit, # (G) Exhibit, # (H) Exhibit)(Ruttenberg, Guy)
June 6, 2010 Filing 657 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #654 Sealed Document, Certificate of Authorization to File Under Seal (Dacus, Deron)
June 6, 2010 Filing 656 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Notice of Compliance (Dacus, Deron)
June 6, 2010 Filing 655 Additional Attachments to Main Document #650 :. (Attachments: #1 Exhibit)(Smith, Melissa) Modified on 6/7/2010 (sm, ).
June 6, 2010 Filing 654 Sealed Document. Defendants' Notice Regarding Deposition Conduct by Plaintiffs' Counsel. (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)(Dacus, Deron)
June 6, 2010 Filing 653 SEALED RESPONSE by Liebel-Flarsheim Company, Mallinckrodt Inc. to #636 Sealed Document filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Ruttenberg, Guy)
June 6, 2010 Filing 652 Additional Attachments to Main Document #650 :. (Attachments: #1 Exhibit)(Smith, Melissa) Modified on 6/7/2010 (sm, ).
June 6, 2010 Filing 651 Additional Attachments to Main Document #649 :. (Attachments: #1 Exhibit, #2 Exhibit)(Smith, Melissa) Modified on 6/7/2010 (sm, ).
June 6, 2010 Filing 650 NOTICE OF COMPLIANCE by Mallinckrodt Inc. (Smith, Melissa) Modified on 6/7/2010 (sm, ).
June 6, 2010 Filing 649 NOTICE of COMPLIANCE by Mallinckrodt Inc. (Smith, Melissa) Modified on 6/7/2010 (sm, ).
June 6, 2010 Filing 648 AMENDED Proposed Jury Instructions by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy) Modified on 6/7/2010 (sm, ).
June 5, 2010 Filing 647 Joint MOTION Joint Motion for Entry of Stipulation Regarding Exchange of Demonstratives and Notice of Trial Witnesses and Exhibits by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
June 4, 2010 Filing 646 APPLICATION to Appear Pro Hac Vice by Attorney Christopher Louis McArdle for ACIST Medical Systems, Inc.,Christopher Louis McArdle for E-Z-EM, Inc.. (APPROVED FEE PAID) 6-1-2568(ch, )
June 4, 2010 Opinion or Order Filing 645 ORDER - The parti es are directed to prepare juror notebooks for distribution prior to openingstatements. The notebooks shall contain copies of the patent-in-suit and a glossary of terms construed by the Court. Signed by Judge T. John Ward on 6/4/2010. (ch, )
June 4, 2010 Filing 644 Additional Attachments to Main Document (Certificate of authority): #641 Response in Opposition to Motion,.. (Ruttenberg, Guy) Modified on 6/4/2010 (sm, ).
June 4, 2010 Filing 643 Minute Entry for proceedings held before Judge T. John Ward: Motion Hearing held on 6/4/2010 re various pending motions. (Court Reporter Susan Simmons.) (bga, )
June 4, 2010 Filing 642 Proposed Jury Instructions by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy)
June 4, 2010 Filing 641 SEALED RESPONSE in Opposition re #638 MOTION FOR CLARIFICATION OF MAY 28, 2010 ORDER REGARDING DISCOVERY ORDER LIMITATION TO FIVE EXPERTS (replaces #626 filed 6-2-10) filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (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)(Ruttenberg, Guy) Modified on 6/4/2010 (ch, ).
June 4, 2010 Filing 640 SEALED RESPONSE to Motion re #634 Emergency SEALED MOTION FOR LEAVE TO RE-SUBMIT DEPOSITIONS DESIGNATIONS AND ADDITIONAL EXHIBITS THAT HAVE NOT BEEN CONSIDERED filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stinson, Andrew)
June 4, 2010 NOTICE from clerk - per request from attorney clerk sealed document # 641, atty must now file a Certificate of Authorization to file under seal as an additional to # 641 (ch, )
June 3, 2010 Filing 639 SEALED RESPONSE to Motion re #570 Opposed SEALED MOTION TO STRIKE CERTAIN PORTIONS OF DEFENDANTS EXPERT REPORTS filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5 Part 1, #7 Exhibit 5 Part 2)(Stinson, Andrew)
June 3, 2010 Filing 638 MOTION FOR CLARIFICATION OF MAY 28, 2010 ORDER REGARDING DISCOVERY ORDER LIMITATION TO FIVE EXPERTS (replaces #626 filed 6-2-10) by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
June 3, 2010 Filing 637 SEALED ADDITIONAL ATTACHMENTS to Main Document: #636 Sealed Document. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5 Part 1, #4 Exhibit 5 Part 2, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9)(Dacus, Deron)
June 3, 2010 Filing 636 Sealed Document. Defendants' Notice of Compliance. (Attachments: #1 Declaration of Philippe Bennett, #2 Exhibit 1, #3 Exhibit 1-A, #4 Exhibit 2, #5 Exhibit 2-A)(Dacus, Deron)
June 3, 2010 Filing 635 APPLICATION to Appear Pro Hac Vice by Attorney Young J Park for Liebel-Flarsheim Company,Young J Park for Mallinckrodt Inc. (APPROVED FEE PAID) 2-1-5396. (ch, )
June 3, 2010 Filing 634 Emergency SEALED MOTION FOR LEAVE TO RE-SUBMIT DEPOSITIONS DESIGNATIONS AND ADDITIONAL EXHIBITS THAT HAVE NOT BEEN CONSIDERED by Liebel-Flarsheim Company, Mallinckrodt Inc.. (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 Appendix A, #14 Appendix B, #15 Text of Proposed Order)(Ruttenberg, Guy)
June 3, 2010 Filing 633 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. OFFER OF PROOF OF CHAIN OF CUSTODY (Attachments: #1 Exhibit A - Part 1 Dec. of Natalie C. Clayton, #2 Exhibit A Part 2, #3 Exhibit B, #4 Exhibit B-1 Part 1, #5 Exhibit B-1 Part 2, #6 Exhibit B-2, #7 Exhibit B-3, #8 Exhibit B-4, #9 Exhibit B-5, #10 Exhibit C)(Stinson, Andrew)
June 3, 2010 Opinion or Order Filing 632 ORDER denying #529 Dft's Motion to Compel. Signed by Judge T. John Ward on 6/3/2010. (ch, )
June 3, 2010 Opinion or Order Filing 631 ORDER denying #518 Sealed Motion to Dismiss. Signed by Judge T. John Ward on 6/3/2010. (ch, )
June 3, 2010 Opinion or Order Filing 630 ORDER granting #620 Motion for Extension of Time to File Responsive Expert Report on Inequitable Conduct. Plaintiffs shall file their response on a date to be mutually agreed upon by the parties following the trial of this case. Signed by Judge T. John Ward on 6/3/2010. (ch, )
June 3, 2010 Filing 628 NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. Plaintiffs' Notice of Compliance of Service of Letter to John N. Minnich for the Court's In-Camera Review (Smith, Melissa)
June 3, 2010 Filing 627 Emergency SEALED MOTION for Leave to File a Second Supplemental and Amended Complaint by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Text of Proposed Order)(Krupka, Robert)
June 3, 2010 NOTICE of DEFICIENCY regarding the #626 motion for clarification submitted by ACIST Medical Systems, Inc.. No certificate of conference included. Must be refiled, this motion is terminated. (sm, )
June 2, 2010 Filing 629 Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Exhibit Hearing held on 6/2/2010. (Court Reporter Shelly Holmes, CSR.) (Attachments: #1 Attorney sign-in sheet) (jml) (Additional attachment(s) added on 6/3/2010: #3 List of Plaintiffs' Exhibits Admitted at Hearing(Unobjected to), #4 List of Defendants' Exhibits Admitted at Hearing (Unobjected to)) (jml, ).
June 2, 2010 Filing 626 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***MOTION FOR CLARIFICATION OF MAY 28, 2010 ORDER REGARDING DISCOVERY ORDER LIMITATION TO FIVE EXPERTS by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew) Modified on 6/3/2010 (sm, ).
June 2, 2010 Opinion or Order Filing 625 ORDER denying #554 Sealed Motion to Compel. Signed by Judge T. John Ward on 6/2/2010. (ch, )
June 2, 2010 Opinion or Order Filing 624 ORDER denying #544 Sealed Motion to Compel. Signed by Judge T. John Ward on 6/2/2010. (ch, )
June 2, 2010 Opinion or Order Filing 623 ORDER denying #517 Sealed Motion for Summary Judgment of No Willful Infringement of US Patent 5,868,710 ; denying #528 Sealed Motion for Summary Judgment of Infringement of Claims 9, 10, and 11 of US Patent 5,868,710. Signed by Judge T. John Ward on 6/2/2010. (ch, )
June 2, 2010 Filing 622 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRETRIAL CONFERENCE held on 5/28/10 before Judge T. John Ward. Court Reporter/Transcriber: Shelly Holmes, CSR,Telephone number: (903) 663-5082. (108 Pages)NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/9/2010. Release of Transcript Restriction set for 9/3/2010. (tja, )
June 1, 2010 Filing 621 SEALED MOTION FOR RECONSIDERATION OF MOTION IN LIMINE by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Stinson, Andrew)
June 1, 2010 Filing 620 Unopposed MOTION for Extension of Time to File Responsive Expert Report on Inequitable Conduct by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
June 1, 2010 Filing 619 SEALED RESPONSE to Motion re #534 SEALED MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF CLAIMS 1, 4, 5, 6, AND 7 filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Affidavit Thomas Richardson, #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)(Ruttenberg, Guy)
June 1, 2010 Filing 618 Sealed Document. Defendants' Notice of Compliance (Attachments: #1 Exhibit A - Declaration of John Christopher Purdy)(Dacus, Deron)
May 28, 2010 Filing 617 Minute Entry for proceedings held before Judge T. John Ward: Initial Pretrial Conference held on 5/28/2010. (Court Reporter Shelly Holmes.) (bga, )
May 28, 2010 Filing 616 Sealed Document - AMENDED JOINT FINAL PRE-TRIAL ORDER (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit H-1, #11 Exhibit I, #12 Exhibit J)(Ruttenberg, Guy)
May 28, 2010 Opinion or Order Filing 615 ORDER - the Court enters this order sua sponte. Due to the voluminous exhibits expected to be tendered during the trial of this case, the Court ORDERS the following: (see order for further details). Signed by Judge T. John Ward on 5/28/2010. (ch, )
May 28, 2010 Filing 614 SEALED RESPONSE to Motion re #529 MOTION to Compel Documents filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ruttenberg, Guy)
May 28, 2010 Filing 613 ***FILED IN ERROR. PER ATTORNEY. PLEASE IGNORE.***Sealed Document. AMENDED JOINT FINAL PRE-TRIAL ORDER (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit H-1, #11 Exhibit I, #12 Exhibit J)(Ruttenberg, Guy) Modified on 5/28/2010 (ch, ).
May 28, 2010 ***FILED IN ERROR. PER ATTORNEY - ATTORNEY WILL REFILE Document # 613, Sealed Amended Joint Pretrial Order. PLEASE IGNORE.*** (ch, )
May 27, 2010 Filing 612 Proposed Jury Instructions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Proposed Verdict Form)(Dacus, Deron)
May 27, 2010 Filing 611 SEALED REPLY to Response to Motion re #541 MOTION for Leave to File AMEND THEIR INEQUITABLE CONDUCT PLEADING filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1)(Dacus, Deron)
May 27, 2010 Filing 610 SEALED RESPONSE to Motion re #579 Opposed MOTION to Expedite Briefing on Plaintiffs' Cross-Motion to Compel Contained in Plaintiffs' Opposition to E-Z-EM's Motion to Compel filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Stinson, Andrew)
May 27, 2010 Exhibit 15 (Declaration of David Eklund) to #608 Dft E-Z-Em, Inc and Acist Medical Systems Incs Opposition to Plaintiffs Motion for Summary Judgment of Infringement of Claims 9, 10 and 11 of US Patent 5,868,710 filed on CD, with permission from law clerk. (ch, ) Modified on 5/27/2010 (ch, ).
May 26, 2010 Filing 609 SEALED RESPONSE to Motion re #517 SEALED MOTION for Summary Judgment of No Willful Infringement of U.S Patent No. 5,868,710 filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Ruttenberg, Guy)
May 26, 2010 Filing 608 SEALED RESPONSE to Motion re #528 SEALED MOTION FOR SUMMARY JUDGMENTOF INFRINGEMENT OF CLAIMS 9, 10, AND 11 OF U.S. PATENT 5,868,710 filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Declaration of David Eklund, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8 (1 of 2), #10 Exhibit 8 (2 of 2), #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 Text of Proposed Order)(Stinson, Andrew)
May 26, 2010 Opinion or Order Filing 607 ORDER granting #606 Motion for Entry of Stipulation regarding depositions. The deposition of Mr. Alan Ratliff will be taken on June 2, 2010 at 100 Crescent Court, Suite 700 in Dallas, Texas 75201. The deposition of Mr. Brian W. Napper will be taken on June 3, 2010 at 100 Crescent Court, Suite 700 in Dallas, Texas 75201. This Stipulation will not be used for any other purpose. Signed by Judge T. John Ward on 5/26/10. (ehs, )
May 26, 2010 Filing 606 Joint MOTION for Entry of Stipulation Regarding Depositions by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
May 25, 2010 Filing 605 MOTION in Limine #14 by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
May 25, 2010 Opinion or Order Filing 604 ORDER granting #599 Motion for Extension of Time to File Response/Reply re #517 SEALED MOTION for Summary Judgment of No Willful Infringement of U.S Patent No. 5,868,710 Responses due by 5/26/2010. Signed by Judge T. John Ward on 5/25/2010. (ch, )
May 25, 2010 Opinion or Order Filing 603 ORDER granting #600 Motion for Extension of Time to File Response/Reply re #528 SEALED MOTION FOR SUMMARY JUDGMENTOF INFRINGEMENT OF CLAIMS 9, 10, AND 11 OF U.S. PATENT 5,868,710 Responses due by 5/26/2010. Signed by Judge T. John Ward on 5/25/2010. (ch, )
May 24, 2010 Filing 602 SEALED RESPONSE to Motion re #518 SEALED MOTION to Dismiss Mallinckrodt Inc. filed by Mallinckrodt Inc.. (Attachments: #1 Affidavit Brunn W. Roysden, #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 Text of Proposed Order)(Ruttenberg, Guy)
May 24, 2010 Filing 601 MOTION in Limine by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
May 24, 2010 Filing 600 Unopposed MOTION for Extension of Time to File Response/Reply as to #528 SEALED MOTION FOR SUMMARY JUDGMENTOF INFRINGEMENT OF CLAIMS 9, 10, AND 11 OF U.S. PATENT 5,868,710 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
May 24, 2010 Filing 599 Unopposed MOTION for Extension of Time to File Response/Reply as to #517 SEALED MOTION for Summary Judgment of No Willful Infringement of U.S Patent No. 5,868,710 by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 24, 2010 Opinion or Order Filing 598 ORDER granting #582 Motion for Extension of Time to File deft's proposed jury instructions and deft's form of the verdict. Deadline extended to 5/27/10. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Opinion or Order Filing 597 ORDER denying #580 Motion for Extension of Time to File Response to deft's motion to dismiss Mallinckrodt Inc. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Opinion or Order Filing 596 ORDER granting #579 Motion to Expedite briefing on Pltf's Cross-Motion to compel contained in pltf's opposition to E-Z EM'S motion to compel. Deadline reset to 5/27/10 at 4:00 pm. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Opinion or Order Filing 595 ORDER granting #578 Motion for Extension of Time to File their responsive Expert Report on Inequitable Conduct. Deadline extended to 5/31/10. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Opinion or Order Filing 594 ORDER granting #577 Motion for Leave to File Excess Pages on their reply to deft's opposition to pltf's renewed motion to compel production of deft's communications with counsel. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Opinion or Order Filing 593 MEMORANDUM OPINION and ORDER denying in part Motion for a Protective Order #466 ruling set forth herein. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Opinion or Order Filing 592 ORDER granting #333 Motion for Leave to File Excess Pages on Deft's Opposition to Pltf's Cross-Motion to Strike Defts' August 2009 invalidity Contentions. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Filing 591 Additional Attachments to Main Document (Certificate of COnference): #586 MOTION in Limine.. (Ruttenberg, Guy) Modified on 5/24/2010 (sm, ).
May 24, 2010 Filing 590 Additional Attachments to Main Document (Certificate of Authority to seal): #583 Sealed Document,.. (Ruttenberg, Guy) Modified on 5/24/2010 (sm, ).
May 24, 2010 Opinion or Order Filing 589 ORDER granting #575 Motion for Extension of Time to File Response to motions for summary judgment. Plaintiffs shall file their Response on or before May 24, 2010. Defendants E-Z-EM, Inc. and ACIST Medical Systems, Inc. be and hereby are GRANTED an extension of time to file their Response to Plaintiffs Motion for Summary Judgment of Infringement of Claims 9, 10, and 11. Defendants shall file their Response on or before May 24, 2010. Responses due by 5/24/2010. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Opinion or Order Filing 588 ORDER granting #572 Motion for Extension of Time to serve rebuttal to pltf's opening expert report on Damages. Deadline extended to 5/21/10. Signed by Judge T. John Ward on 5/24/10. (ehs, )
May 24, 2010 Filing 587 NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. Notice of Plaintiffs' Proposed Jury Verdict Form (Attachments: #1 Exhibit Proposed Jury Verdict Form)(Smith, Melissa)
May 24, 2010 NOTICE FROM CLERK - Document # 586, Motion in Limine was sealed per request from attorney. (ch, )
May 24, 2010 ***FILED IN ERROR, PER ATTY, ATTY WILL REFILE. Document # 585, Proposed Jury Instructions. PLEASE IGNORE.*** (sm, )
May 24, 2010 NOTICE of DEFICIENCY regarding the #581 Motion in Limine submitted by ACIST Medical Systems, Inc., E-Z-EM, Inc.. No certificate of conference. Correction should be made by 1 business day (sm, )
May 22, 2010 Filing 586 SEALED MOTION in Limine by Liebel-Flarsheim Company, Mallinckrodt Inc.. (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 Text of Proposed Order)(Ruttenberg, Guy) Modified on 5/24/2010 (ch, ).
May 22, 2010 Filing 585 ***FILED IN ERROR, PLEASE IGNORE.***Proposed Jury Instructions by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy) Modified on 5/24/2010 (sm, ).
May 22, 2010 Filing 584 Proposed Jury Instructions by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy)
May 22, 2010 Filing 583 Sealed Document. JOINT FINAL PRETRIAL ORDER (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Ruttenberg, Guy)
May 21, 2010 Filing 582 Unopposed MOTION for Extension of Time to File DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE DEFENDANTS' PROPOSED JURY INSTRUCTIONS AND DEFENDANTS' FORM OF VERDICT by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
May 21, 2010 Filing 581 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***MOTION in Limine by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew) Modified on 5/24/2010 (sm, ).
May 21, 2010 Filing 580 Opposed MOTION for Extension of Time to File Response/Reply as to #518 SEALED MOTION to Dismiss Mallinckrodt Inc. by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 21, 2010 Filing 579 Opposed MOTION to Expedite Briefing on Plaintiffs' Cross-Motion to Compel Contained in Plaintiffs' Opposition to E-Z-EM's Motion to Compel by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 21, 2010 Filing 578 Unopposed MOTION for Extension of Time to File Responsive Expert Report on Inequitable Conduct by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 21, 2010 Filing 577 Unopposed MOTION for Leave to File Excess Pages in Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion (Renewed) Motion to Compel Production of Defendants' Communications with Counsel by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 21, 2010 Filing 576 ***FILED IN ERROR. PER ATTORNEY. PLEASE IGNORE.***Opposed MOTION for Leave to File Excess Pages in Reply to Response to Motion (Renewed) Motion to Compel Production of Defendants' Communications with Counsel by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) Modified on 5/21/2010 (ch, ).
May 21, 2010 Filing 575 Agreed MOTION for Extension of Time to File Response/Reply as to #517 SEALED MOTION for Summary Judgment of No Willful Infringement of U.S Patent No. 5,868,710, #528 SEALED MOTION FOR SUMMARY JUDGMENTOF INFRINGEMENT OF CLAIMS 9, 10, AND 11 OF U.S. PATENT 5,868,710 by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 21, 2010 ***FILED IN ERROR. PER ATTORNEY - ATTORNEY WILL REFILE Document # 576, Opposed Motion for leave to exceed page limits. PLEASE IGNORE.*** (ch, )
May 20, 2010 Filing 574 SEALED REPLY to Response to Motion re #544 SEALED MOTION (RENEWED) MOTION TO COMPEL PRODUCTION OF DEFENDANTS COMMUNICATIONS WITH COUNSEL SEALED MOTION (RENEWED) MOTION TO COMPEL PRODUCTION OF DEFENDANTS COMMUNICATIONS WITH COUNSEL filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ruttenberg, Guy)
May 20, 2010 Filing 573 REPLY to Response to Motion re #554 SEALED MOTION TO COMPEL DEFENDANTS' REPLY ISO THEIR MOTION TO COMPEL filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Stinson, Andrew)
May 20, 2010 Filing 572 Unopposed MOTION for Extension of Time to File Serve Their Rebuttal to Plaintiffs' Opening Expert Report on Damages by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
May 19, 2010 Filing 571 SEALED RESPONSE to Motion re #554 SEALED MOTION TO COMPEL filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (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)(Ruttenberg, Guy)
May 19, 2010 Filing 570 Opposed SEALED MOTION TO STRIKE CERTAIN PORTIONS OF DEFENDANTS EXPERT REPORTS by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order)(Ruttenberg, Guy)
May 18, 2010 Filing 569 SEALED RESPONSE to Motion re #541 MOTION for Leave to File AMEND THEIR INEQUITABLE CONDUCT PLEADING filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ruttenberg, Guy)
May 18, 2010 Filing 568 SEALED RESPONSE to Motion re #544 SEALED MOTION (RENEWED) MOTION TO COMPEL PRODUCTION OF DEFENDANTS COMMUNICATIONS WITH COUNSEL SEALED MOTION (RENEWED) MOTION TO COMPEL PRODUCTION OF DEFENDANTS COMMUNICATIONS WITH COUNSEL filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dacus, Deron)
May 18, 2010 Filing 567 Sealed Document. DEFENDANTS' NOTICE OF SUBMISSION OF DOCUMENTS FOR IN CAMERA REVIEW. (Dacus, Deron)
May 18, 2010 Opinion or Order Filing 566 ORDER granting #562 Motion to Expedite Briefing on Defendants Motion to Compel [Dkt. No. 554]. Plaintiffs response is due May 19, 2010 and Defendants reply, if any, is due May 20, 2010. Signed by Judge T. John Ward on 5/18/10. (ehs, )
May 18, 2010 Opinion or Order Filing 565 ORDER granting #561 Motion for Extension of Time to File opening willfulness report. Deadline extended to 5/24/10. Signed by Judge T. John Ward on 5/18/10. (ehs, )
May 18, 2010 Filing 564 RESPONSE in Opposition re #545 Opposed MOTION to Expedite BRIEFING ON RENEWED MOTION TO COMPEL PRODUCTION OF DEFENDANTS COMMUNICATIONS WITH COUNSEL (DKT 544) Plaintiffs' Opposition to Defendants' Motion to Expedite Briefing on Defendants' Motion to Compel filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy)
May 17, 2010 Filing 563 SEALED REPLY to Response to Motion re #419 SEALED MOTION DEFENDANTS' EMERGENCY RENEWED MOTION FOR SANCTIONS DEFENDANTS' SUR-SURREPLY IN SUPPORT OF THEIR EMERGENCY RENEWED MOTION FOR SANCTIONS filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (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)(Stinson, Andrew)
May 17, 2010 Filing 562 Opposed MOTION to Expedite Briefing on Defendants' Motion to Compel by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
May 17, 2010 Filing 561 Opposed MOTION for Extension of Time to File Opening Willfulness Report by Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 17, 2010 Opinion or Order Filing 560 ORDER denying #536 Sealed Motion. ORDERED that Plaintiffs Motion to Strike Defendants Motion to Dismiss (Dkt. No. 518) is hereby DENIED. Signed by Judge T. John Ward on 5/17/2010. (ch, )
May 17, 2010 Opinion or Order Filing 559 ORDER granting #551 Motion for Extension of Time to Serve. Plaintiffs Mallinckrodt Inc. and Liebel-Flarsheim Company and Defendants E-Z-EM, Inc. and ACIST Medical Systems, Inc. be and hereby are granted an extension of time to serve Initial Pretrial Disclosures, from 5:00 p.m. until 10:00 p.m. on 5/14/2010. Signed by Judge T. John Ward on 5/17/2010. (ch, )
May 17, 2010 Filing 558 NOTICE of Disclosure by Liebel-Flarsheim Company, Mallinckrodt Inc. Plaintiffs' Notice of Compliance of Service of Initial Pretrial Disclosures (Smith, Melissa)
May 17, 2010 Opinion or Order Filing 557 ORDER granting #552 Motion for Extension of Time to File their Invalidity and Source Code Rebuttal Reports (in response to the Langer and Webster reports). Signed by Judge T. John Ward on 5/17/10. (ehs, )
May 17, 2010 ***FILED IN ERROR, WRONG EVENT USED, ATTY MUST REFILE AS A SUPPLEMENTAL MOTION. Document # 555, Sealed Document (Supplement to #419 Motion). PLEASE IGNORE.*** (sm, )
May 14, 2010 Filing 556 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. DEFENDANTS' NOTICE OF COMPLIANCE OF SERVICE OF PRETRIAL DISCLOSURES (Stinson, Andrew)
May 14, 2010 Filing 555 ***FILED IN ERROR, PLEASE IGNORE.***Sealed Document. DEFENDANTS' SUPPLEMENT TO EMERGENCY RENEWED MOTION FOR SANCTIONS [DKT. #419] (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)(Stinson, Andrew) Modified on 5/17/2010 (sm, ).
May 14, 2010 Filing 554 SEALED MOTION TO COMPEL by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Stinson, Andrew)
May 14, 2010 Filing 553 RESPONSE in Opposition re #536 SEALED MOTION TO STRIKE DEFENDANTS E-Z-EM, INC. AND ACIST MEDICAL SYSTEMS, INC.S MOTION TO DISMISS (DKT 518) SEALED MOTION TO STRIKE DEFENDANTS E-Z-EM, INC. AND ACIST MEDICAL SYSTEMS, INC.S MOTION TO DISMISS (DKT 518) filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Stinson, Andrew)
May 14, 2010 Filing 552 Opposed MOTION for Extension of Time to File for Plaintiffs to File Invalidity and Source Code Rebuttal Reports (in response to the Langer and Webster reports) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 14, 2010 Filing 551 Joint MOTION for Extension of Time to File for Parties to Serve Initial Pretrial Disclosures by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 14, 2010 Opinion or Order Filing 550 ORDER - The Court hereby ORDERS Plaintiffs to file their opposition, if any, to Defendants Motion for Leave to Amend Their Inequitable Conduct Pleading [Dkt. No. 541] by Tuesday, May 18, 2010 at 5:00 p.m. Signed by Judge T. John Ward on 5/14/2010. (ch, )
May 14, 2010 Opinion or Order Filing 549 ORDER granting #546 Motion for Extension of Time to File their Opening Willfulness Report. Plaintiffs Mallinckrodt Inc. and Liebel-Flarsheim Company be and hereby are GRANTED an extension of time to file their Opening Willfulness Report. Plaintiffs shall file their Opening Willfulness Report on or before May 17, 2010. Signed by Judge T. John Ward on 5/14/10. (ehs, )
May 14, 2010 Opinion or Order Filing 548 ORDER granting #545 Motion to Expedite Briefing on Plaintiffs Renewed Motion to Compel Production of Defendants Communications with Counsel. Plaintiffs' reply, if any, is due May 20, 2010. Defendants are ordered to submit the disputed documents for in camera review no later than May 18, 2010. Signed by Judge T. John Ward on 5/14/10. (ehs, )
May 14, 2010 Opinion or Order Filing 547 ORDER granting #543 Motion for Extension of Time to File their Invalidity and Source Code Rebuttal Reports (in response to the Langer and Webster reports) Deadline to file reset to 5/14/10. Signed by Judge T. John Ward on 5/14/10. (ehs, )
May 14, 2010 Filing 546 Unopposed MOTION for Extension of Time to File Plaintiffs' Opening Willfulness Report by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 13, 2010 Filing 545 Opposed MOTION to Expedite BRIEFING ON RENEWED MOTION TO COMPEL PRODUCTION OF DEFENDANTS COMMUNICATIONS WITH COUNSEL (DKT 544) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
May 13, 2010 Filing 544 SEALED MOTION (RENEWED) MOTION TO COMPEL PRODUCTION OF DEFENDANTS COMMUNICATIONS WITH COUNSEL by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order)(Ruttenberg, Guy)
May 13, 2010 Filing 543 Unopposed MOTION for Extension of Time to File Invalidity and Source Code Rebuttal Reports (in response to the Langer and Webster reports) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 13, 2010 Filing 542 FOURTH AMENDED ANSWER to #19 Amended Complaint, AFFIRMATIVE DEFENSES, AND, COUNTERCLAIM against Liebel-Flarsheim Company, Mallinckrodt Inc. by ACIST Medical Systems, Inc., E-Z-EM, Inc..(Dacus, Deron)
May 13, 2010 Filing 541 MOTION for Leave to File AMEND THEIR INEQUITABLE CONDUCT PLEADING by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Text of Proposed Order)(Dacus, Deron)
May 13, 2010 Opinion or Order Filing 540 ORDER granting #539 Motion for Extension of Time to File their respective pretrial disclosures. Deadline extended to May 14, 2010 at 5:00 PM CDT. Signed by Judge T. John Ward on 5/13/10. (ehs, )
May 13, 2010 Filing 539 Joint MOTION for Extension of Time to File /Extend Deadline to Submit Pretrial Disclosures by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 12, 2010 Opinion or Order Filing 538 ORDER granting #531 Motion for revised Jury Questionnaire. Jury Questionnaire will be submitted to the venire prior to jury selection.. Signed by Judge T. John Ward on 5/12/10. (ehs, )
May 12, 2010 Filing 537 Unopposed MOTION for Revised Jury Questionnaire by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A - Jury Questionnaire, #2 Text of Proposed Order)(Dacus, Deron)
May 12, 2010 Filing 536 SEALED MOTION TO STRIKE DEFENDANTS E-Z-EM, INC. AND ACIST MEDICAL SYSTEMS, INC.S MOTION TO DISMISS (DKT 518) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Ruttenberg, Guy)
May 12, 2010 Filing 535 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***SEALED MOTION TO STRIKE DEFENDANTS E-Z-EM, INC. AND ACIST MEDICAL SYSTEMS, INC.S MOTION TO DISMISS (DKT 518) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Ruttenberg, Guy) Modified on 5/12/2010 (sm, ).
May 12, 2010 Per law Clerk attorney's were allowed to file Exhibit 21 to Document # 534 in CD form and provided to court. (ch, ) Modified on 5/12/2010 (ch, ).
May 12, 2010 NOTICE of DEFICIENCY regarding the #535 Sealed Motion to Strike submitted by Liebel-Flarsheim Company. No certificate of authority to seal. Correction should be made by 1 business day and refiled. This motion is now terminated. (sm, )
May 11, 2010 Filing 534 SEALED MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF CLAIMS 1, 4, 5, 6, AND 7 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Declaration of David Eklund, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4 - Part 1, #6 Exhibit 4 - Part 2, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 9-A, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Text of Proposed Order)(Dacus, Deron)
May 11, 2010 Opinion or Order Filing 533 ORDER granting #530 Motion for Extension of Time to File their Invalidity and Source Code Rebuttal Reports (in response to the Langer and Webster reports). Plaintiffs shall file their Rebuttal Reports on or before May 13, 2010. Signed by Judge T. John Ward on 5/11/10. (ehs, )
May 11, 2010 Filing 532 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING held on 4/14/10 before Judge T. John Ward. Court Reporter/Transcriber: Shelly Holmes, CSR,Telephone number: (903) 663-5082. (93 Pages)NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2010. Redacted Transcript Deadline set for 6/14/2010. Release of Transcript Restriction set for 8/12/2010. (tja, )
May 10, 2010 Filing 531 MOTION for Jury Questionnaire by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A - Juror Questionnaire, #2 Text of Proposed Order)(Dacus, Deron)
May 10, 2010 Filing 530 Unopposed MOTION for Extension of Time to File Invalidity and Source Code Rebuttal Reports (in response to the Langer and Webster reports) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 7, 2010 Filing 529 MOTION to Compel Documents by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Westlaw Case: Alpert v. Riley, #7 Text of Proposed Order)(Stinson, Andrew)
May 7, 2010 Filing 528 SEALED MOTION FOR SUMMARY JUDGMENTOF INFRINGEMENT OF CLAIMS 9, 10, AND 11 OF U.S. PATENT 5,868,710 by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Affidavit Thomas Richardson, #2 Affidavit Arthur Helmicki, #3 Appendix A, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22)(Ruttenberg, Guy) (Additional attachment(s) added on 5/10/2010: #26 Text of Proposed Order) (sm, ).
May 7, 2010 Opinion or Order Filing 527 ORDER granting #335 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 5/7/10. (ehs, )
May 7, 2010 Opinion or Order Filing 526 ORDER granting #525 Motion for Extension of Time to File. Plaintiffs Mallinckrodt, Inc. and Liebel-Flarsheim Company be and hereby are, GRANTED a 1 day extension of time, from May 6, 2010, up to and including May 7, 2010, within which to serve their opening damages report. Signed by Judge T. John Ward on 5/7/2010. (ch, )
May 6, 2010 Filing 525 Unopposed MOTION for Extension of Time to File Opening Damages Report by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
May 6, 2010 Filing 524 NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. Plaintiffs' Notice of Service of Responses to Questions Nos. 1-26 on Defendants (Smith, Melissa)
May 5, 2010 Filing 523 Sealed Document - Defendants' Notice of Submission of Privilege Logs (Attachments: #1 Exhibit A, #2 Exhibit B)(Dacus, Deron)
May 5, 2010 Opinion or Order Filing 522 ORDER granting #516 Motion for Extension of Time to File opening expert reports and rebuttal expert reports regarding damages. Deadline extended to 5/6/10. Signed by Judge T. John Ward on 5/5/10. (ehs, )
May 5, 2010 Opinion or Order Filing 521 ORDER granting #515 Motion for Extension of Time to Complete Discovery. Signed by Judge T. John Ward on 5/5/10. (ehs, )
May 5, 2010 Opinion or Order Filing 520 ORDER granting #514 Motion for Extension of Time to File pretrial disclosures. Deadline extended to 5/12/10. Signed by Judge T. John Ward on 5/5/10. (ehs, )
May 4, 2010 Filing 519 SEALED ADDITIONAL ATTACHMENTS to Main Document: #518 SEALED MOTION to Dismiss Mallinckrodt Inc.. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 22, #9 Exhibit 23, #10 Exhibit 24, #11 Exhibit 25, #12 Exhibit 26, #13 Exhibit 27, #14 Exhibit 28, #15 Exhibit 29)(Dacus, Deron)
May 4, 2010 Filing 518 SEALED MOTION to Dismiss Mallinckrodt Inc. by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Keren Ben-Shahar in Support of Motion to Dismiss, #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)(Dacus, Deron)
May 3, 2010 Filing 517 SEALED MOTION for Summary Judgment of No Willful Infringement of U.S Patent No. 5,868,710 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Declaration of David J. Eklund, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, part 1, #9 Exhibit 7, part 2, #10 Exhibit 7, part 3, #11 Text of Proposed Order)(Dacus, Deron)
May 3, 2010 Filing 516 Joint MOTION for Extension of Time to File Expert Reports (Damages) by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 30, 2010 Filing 515 Unopposed MOTION for Extension of Time to Complete Discovery SECOND MOTION FOR A 1 DAY EXTENSION OF TIME TO RESPOND TO DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION (1-226) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
April 30, 2010 Filing 514 Unopposed MOTION for Extension of Time to File PRETRIAL DISCLOSURES by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 30, 2010 Opinion or Order Filing 513 ORDER granting #512 Motion for Extension of Time to Complete Discovery. GRANTED a 1 day extension of time, from April 29, 2010, up to and including April 30, 2010, within which to respond to Defendants' First [sic] Set of Requests for Admission (Nos. 227-257). Signed by Judge T. John Ward on 4/30/10. (ehs, )
April 29, 2010 Filing 512 MOTION for Extension of Time to Complete Discovery MOTION FOR 1 DAY EXTENSION OF TIME TO RESPOND TO DEFENDANTS FIRST [SIC] SET OF REQUESTS FOR ADMISSION (Nos. 227-257) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
April 29, 2010 Opinion or Order Filing 511 ORDER granting #506 Motion for Extension of Time to Complete Discover. The discovery deadline be extended with respect to expert depositions to May 26, 2010.. Signed by Judge T. John Ward on 4/29/10. (ehs, )
April 29, 2010 Opinion or Order Filing 510 ORDER - before the court is Parties letter brief requesting leave to file a summary judgment motion. (see order). Signed by Judge T. John Ward on 4/28/2010. (ch, )
April 28, 2010 Filing 509 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. OF COMPLIANCE OF SERVICE OF EXPERT REPORTS (Stinson, Andrew)
April 28, 2010 Filing 508 RESPONSE in Opposition re #506 MOTION for Extension of Time to Complete Discovery MOTION FOR EXTENSION OF TIME TO TAKE DEPOSITIONS filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A)(Smith, Melissa)
April 27, 2010 Opinion or Order Filing 507 ORDER that Plaintiffs to file their opposition, if any, to Defendants Motion for Extension of Time to To Take Depositions [Dkt. No. 506] by Wednesday, April 28, 2010 at 5:00 p.m.. Signed by Judge T. John Ward on 4/27/10. (ehs, )
April 26, 2010 Filing 506 MOTION for Extension of Time to Complete Discovery MOTION FOR EXTENSION OF TIME TO TAKE DEPOSITIONS by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
April 26, 2010 Filing 505 REPORT of Mediation by Robert Faulkner. Mediation result: The parties were unable to reach settlement. The mediator is continuing to work with the parties toward resolution.(Faulkner, Robert)
April 26, 2010 Filing 504 APPLICATION to Appear Pro Hac Vice by Attorney Frank G Smith, III for ACIST Medical Systems, Inc.,Frank G Smith, III for ACIST Medical Systems, Inc.,Frank G Smith, III for ACIST Medical Systems, Inc.,Frank G Smith, III for ACIST Medical Systems, Inc.,Frank G Smith, III for E-Z-EM, Inc.,Frank G Smith, III for E-Z-EM, Inc.,Frank G Smith, III for E-Z-EM, Inc.,Frank G Smith, III for E-Z-EM, Inc.,Frank G Smith, III for E-Z-EM, Inc..(RECEIPT 6-1-21980) (rml, )
April 22, 2010 Filing 503 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #429 Notice (Other) Notice of Reply Letter Brief in Further Support of Their Request to File a Summary Judgment Motion (Attachments: #1 Reply Letter Brief)(Stinson, Andrew)
April 22, 2010 Opinion or Order Filing 502 ORDER - the court hereby amends the docket control order. Objections to Pretrial Disclosures are due 5/21/2010. Signed by Judge T. John Ward on 4/22/2010. (ch, )
April 22, 2010 Opinion or Order Filing 501 ORDER granting #500 Motion to Amend Extend Certain Deadlines. 1. Defendants Rebuttal Infringement reports (in response to the Helmicki report will be served on or before April 26, 2010; 2. Plaintiffs Invalidity and Source Code Rebuttal reports (in response to the Langer and Webster reports) will be served on or before May 10, 2010; and 3. Plaintiffs Opening Willfulness report will be served on or before May 14, 2010; 4. Defendants Rebuttal Willfulness report will be served on or before May 25,2010. Signed by Judge T. John Ward on 4/22/10. (ehs, )
April 20, 2010 Filing 500 Joint MOTION to Amend/Correct #464 Order on Motion to Amend/Correct,, #499 Order on Motion for Extension of Time to File, JOINT MOTION TO AMEND CERTAIN DEADLINES by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 19, 2010 Opinion or Order Filing 499 ORDER granting #497 Motion for Extension of Time to File Their Rebuttal Expert Reports in Response to Expert Report of Arthur J Helmicki. Defendants deadline to file their Rebuttal Expert Reports in Response to Expert Report of Arthur J. Helmicki be extended to 4/20/2010. Signed by Judge T. John Ward on 4/19/2010. (ch, )
April 19, 2010 Opinion or Order Filing 498 ORDER granting #496 Joint Motion for Entry of Stipulation Regarding Depositions. Signed by Judge T. John Ward on 4/19/2010. (ch, )
April 16, 2010 Filing 497 Unopposed MOTION for Extension of Time to File Their Expert Reports in Rebuttal to the Expert Report of Arthur J. Helmicki by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 16, 2010 Filing 496 Joint MOTION for Entry of Stipulation Regarding Depositions by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 15, 2010 Filing 495 Sealed Document - NOTICE OF PLAINTIFFS ANSWERING LETTER BRIEF IN OPPOSITION TO DEFENDANTS MARCH 26, 2010 LETTER BRIEF SEEKING PERMISSION TO FILE A SUMMARY JUDGMENT MOTION (Attachments: #1 Exhibit Answering Letter Brief)(Ruttenberg, Guy)
April 15, 2010 Opinion or Order Filing 494 ORDER denying #347 Motion to Dismiss; taking under advisement #419 Sealed Motion; granting in part and denying in part #424 Sealed Motion; taking under advisement #466 Sealed Motion; granting #469 Motion for Extension of Time to File; denying #288 Motion to Compel. Signed by Judge T. John Ward on 4/15/10. (ehs, )
April 15, 2010 Opinion or Order Filing 492 ORDER granting #489 Motion for Extension of Time to File. Plaintiffs Mallinckrodt Inc. and Liebel-Flarsheim Company be, and hereby are, GRANTED an extension of time to file their Opposition to Defendants Letter Brief Seeking Permission to File a Summary Judgment Motion of No Willful Infringement on or before April 15, 2010. Signed by Judge T. John Ward on 4/15/40. (ehs, )
April 15, 2010 Opinion or Order Filing 491 ORDER granting #488 Motion for Extension of Time to Complete Discovery. that Defendants deadline to take the 30(b)(6) deposition of Liebel-Flarsheims damages expert be extended to April 28, 2010.. Signed by Judge T. John Ward on 4/15/10. (ehs, )
April 15, 2010 Filing 490 NOTICE of Disclosure by ACIST Medical Systems, Inc., E-Z-EM, Inc. Notice of Compliance of Service of Amended Invalidity Contentions in Accordance with Patent Rule 3-6 (Stinson, Andrew)
April 14, 2010 Filing 493 Minute Entry for proceedings held before Judge T. John Ward on 4/14/10; hearing held on various motions (Dkt. Numbers 347, 419 and 424). (Court Reporter Shelly Holmes.) (shd, )
April 14, 2010 Filing 489 Unopposed MOTION for Extension of Time to File Opposition to Defendants' Letter Brief Seeking Permission to File a Summary Judgement Motion of No Willful Infringement by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 14, 2010 Filing 488 Unopposed MOTION for Extension of Time to Complete Discovery UNOPPOSED MOTION FOR EXTENSION OF TIME TO TAKE THE 30(b)(6) DEPOSITION OF LIEBEL-FLARSHEIM'S DAMAGES EXPERT by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 14, 2010 Opinion or Order Filing 487 ORDER GRANTING #482 Plaintiff's Unopposed Motion for Extension of Time to File Opposition to Defendant's Letter Brief seeking permission to file a Summary Judgment Motion of No Willful Infringement on or before April 14, 2010. Signed by Judge T. John Ward on 4/14/10. (poa, ) (ch, ).
April 14, 2010 Opinion or Order Filing 486 ORDER granting #481 Defendants' Unopposed Motion for Extension of Time to File their Expert Report in Rebuttal to the Expert Report of Arthur J Helmichki from April 12, 2010 up and including April 19,2010. Signed by Judge T. John Ward on 4/14/10. (poa, ) (ch, ).
April 14, 2010 Filing 485 SEALED SUR-REPLY to Response to Motion re #419 SEALED MOTION DEFENDANTS' EMERGENCY RENEWED MOTION FOR SANCTIONS filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ruttenberg, Guy)
April 13, 2010 Filing 484 RESPONSE to Motion re #469 MOTION for Extension of Time to File Their Opening Expert Report on Inequitable Conduct filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ruttenberg, Guy)
April 13, 2010 Filing 483 SEALED RESPONSE to Motion re #466 Plaintiffs' Opposition to Defendants' Motion for a Protective Order filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Smith, Melissa)
April 12, 2010 Filing 482 Unopposed MOTION for Extension of Time to File Response/Reply as to #429 Notice (Other) Defendant's Letter Brief Seeking Permission to file a Summary Judgment Motion of no Willful Infringement by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
April 12, 2010 Filing 481 Unopposed MOTION for Extension of Time to File Their Expert Report in Rebuttal to the Expert Report of Arthur J. Helmicki by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 12, 2010 Opinion or Order Filing 480 ORDER - The Court will address Plaintiffs Motion to Enforce the Courts July 22, 2009 Order Compelling Defendants to Provide More Complete Interrogatory Responses [Dkt. No. 288] at the hearing scheduled on Wednesday, April 14 at 2:30 p.m.. Signed by Judge T. John Ward on 4/12/10. (ehs, )
April 12, 2010 Opinion or Order Filing 479 ORDER Plaintiffs to file their opposition to Defendants Motion for Protective Order [Dkt. No. 466] by Tuesday, April 13, 2010 at 5:00 p.m. The Court will address this matter at the hearing scheduled on Wednesday, April 14 at 2:30 p.m.. Signed by Judge Donald E. Walter on 4/12/10. (ehs, )
April 12, 2010 Opinion or Order Filing 478 ORDER Plaintiffs to file their opposition to Defendants Motion for Extension of Time to File Their Opening Expert Report on Inequitable Conduct [Dkt. No. 469] by Tuesday, April 13, 2010 at 5:00 p.m. The Court will address this matter at the hearing scheduled on Wednesday, April 14 at 2:30 p.m. The deadline for the filing of Defendants opening expert report on inequitable conduct is extended pending the Courts decision on this motion. Signed by Judge T. John Ward on 4/12/10. (ehs, )
April 12, 2010 Opinion or Order Filing 477 ORDER granting #473 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 4/12/10. (ehs, )
April 12, 2010 Opinion or Order Filing 476 ORDER granting #470 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 4/12/10. (ehs, )
April 12, 2010 Opinion or Order Filing 475 ORDER granting #467 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 4/12/10. (ehs, )
April 12, 2010 Opinion or Order Filing 474 ORDER granting #463 Motion for Extension of Time to File Sur-Reply. Signed by Judge T. John Ward on 4/12/10. (ehs, )
April 12, 2010 Filing 473 Unopposed MOTION for Leave to File Excess Pages in Plaintiffs' Reply In Support of Plaintiff's' Motion to Compel by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 9, 2010 Filing 472 SEALED REPLY to Response to Motion re #424 Opposed SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE DOCUMENTS AS WELL AS TO PRODUCE CERTAIN WITNESSES FOR DEPOSITION, AND TO ANSWER INTERROGATORIES filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit AA, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y, #5 Exhibit Z)(Ruttenberg, Guy)
April 9, 2010 Filing 471 SUR-REPLY to Reply to Response to Motion re #347 MOTION to Dismiss and Strike Defendants' New Counterclaims And Defenses Filed Without Leave of Court filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Stinson, Andrew)
April 9, 2010 Filing 470 Unopposed MOTION for Leave to File Excess Pages on Defendants' Surreply in Opposistion to Plaintiffs' Motion to Dismiss and Strike Certain Inequitable Conduct Counterclaims and Defenses from E-Z-EM's Third Amended Answer by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 9, 2010 Filing 469 MOTION for Extension of Time to File Their Opening Expert Report on Inequitable Conduct by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 9, 2010 Filing 468 SEALED REPLY to Response to Motion re #419 SEALED MOTION DEFENDANTS' EMERGENCY RENEWED MOTION FOR SANCTIONS filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stinson, Andrew)
April 9, 2010 Filing 467 Unopposed MOTION for Leave to File Excess Pages on Defendants' Reply Brief in Support of Their Emergency Renewed Motion for Sanctions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 8, 2010 Filing 466 SEALED MOTION for a Protective Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(Dacus, Deron)
April 8, 2010 Filing 465 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #374 Notice (Other) NOTICE OF DEFENDANTS' REPLY LETTER BRIEF (Attachments: #1 Reply Letter Brief)(Stinson, Andrew)
April 8, 2010 Opinion or Order Filing 464 ORDER granting #461 Motion to Amend docket control order. (1) The deadline for Plaintiffs Opening Reports (Remedies and Willfulness) is extended to April 26, 2010. (2) The deadline for Defendants Opening Report (Inequitable Conduct) is extended to April 13, 2010. (3) The deadline for Plaintiffs Rebuttal Reports (Responsive to Defendants Invalidity, Source Code, Laches, and Inequitable Conduct) is extended to April 26, 2010. (4) The deadline for Defendants Rebuttal Reports (Remedies and Willfulness) is extended to May 7, 2010. (5) The deadline for pretrial disclosures is extended from April 28, 2010 to April 30, 2010. Signed by Judge T. John Ward on 4/8/10. (ehs, )
April 8, 2010 Filing 463 Unopposed MOTION for Extension of Time to File Response/Reply as to #347 MOTION to Dismiss and Strike Defendants' New Counterclaims And Defenses Filed Without Leave of Court by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
April 8, 2010 Filing 462 NOTICE of Hearing on Docket #347, #419, and #424: Motion Hearing RESET to 2:30 PM on 4/14/2010 in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, )
April 7, 2010 Filing 461 Joint MOTION to Amend/Correct #392 Order on Motion to Amend/Correct,, Joint Motion to Amend The Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 5, 2010 Filing 460 SEALED RESPONSE to Motion re #424 Opposed SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE DOCUMENTS AS WELL AS TO PRODUCE CERTAIN WITNESSES FOR DEPOSITION, AND TO ANSWER INTERROGATORIES filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Stinson, Andrew)
April 5, 2010 Filing 459 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #453 Order,, Notice of Compliance with Court Ordered Meet and Confer (Stinson, Andrew)
April 5, 2010 Filing 458 NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. re #453 Order,, Plaintiffs' Notice of Court Ordered Meet and Confer (Smith, Melissa)
April 5, 2010 Opinion or Order Filing 457 ORDER granting #456 Motion for Extension of Time to File; granting #456 Motion for Extension of Time to File Response/Reply. Defendants deadline to file their Opposition Briefbe extended from the current deadline of 4/2/2010 up to and including 4/5/2010 and that Plaintiffs Reply be extended from the current deadline of 4/5/2010 up to and including 4/9/2010. Signed by Judge T. John Ward on 4/5/2010. (ch, )
April 2, 2010 Filing 456 Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Motion to Compel, MOTION for Extension of Time to File Response/Reply by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
April 1, 2010 Filing 455 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. of Compliance of Service of Expert Reports (Stinson, Andrew)
April 1, 2010 Filing 454 NOTICE of Hearing on Motions. Motions Hearing (Docket Nos. 347, 419 and 424) set for 4/14/2010 01:30 PM in Ctrm 106 (Marshall) before Judge T. John Ward. (bga, )
April 1, 2010 Opinion or Order Filing 453 ORDER - the court DENIES Dft's cross-motion to compel inspection and product a witness regarding laches and inequitable conduct. Parties are ORDERED to meet and confer no later that 4/5/2010 regarding scheduling dates for: (1) 30(b(6) deposition regarding willfulness; (2) 30(b)(6) deposition regarding laches and inequitable conduct; and (3) inspection of injectors in Plaintiffs possession. The parties are to notify the Court by 5:00 p.m. on 4/5/2010 that the meet and confer has taken place. Signed by Judge T. John Ward on 4/1/2010. (ch, )
April 1, 2010 Opinion or Order Filing 452 ORDER denying #291 Motion to Strike Dft August 2009 Invalidity Contentions.. Signed by Judge T. John Ward on 4/1/2010. (ch, )
April 1, 2010 Opinion or Order Filing 451 ORDER granting #245 Motion for Leave to Serve Supplemented Invalidity Contentions. Signed by Judge T. John Ward on 4/1/2010. (ch, )
April 1, 2010 Filing 450 NOTICE of Disclosure by Liebel-Flarsheim Company, Mallinckrodt Inc. Plaintiffs' Notice of Compliance of Service of Opening Expert Reports (except as to Remedies and Willfulness) on Defendants (Smith, Melissa)
March 31, 2010 Opinion or Order Filing 449 ORDER granting #444 Motion for Extension of Time to File Opening Expert Reports and Rebuttal Expert Reports. The deadline for Opening Expert Reports (except for Remedies, Inequitable Conduct, and Willfulness) is extended to March 31, 2010, and the deadline for Rebuttal Expert Reports in response to Opening Reports of March 31, 2010 is extended to April 17, 2010. Signed by Judge T. John Ward on 6/31/10. (ehs, )
March 31, 2010 Filing 448 SEALED RESPONSE in Opposition to Motion re #419 SEALED MOTION DEFENDANTS' EMERGENCY RENEWED MOTION FOR SANCTIONS filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Smith, Melissa)
March 31, 2010 Filing 447 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CLAIM CONSTRUCTION HEARING held on 1/27/10 before Judge John Ward. Court Reporter/Transcriber: Shelly Holmes, CSR,Telephone number: (903) 663-5082. (123 pages)NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/26/2010. Redacted Transcript Deadline set for 5/4/2010. Release of Transcript Restriction set for 7/2/2010. (tja, )
March 31, 2010 ***FILED IN ERROR. PER ATTORNEY - ATTORNEY WILL REFILE Document # 445, Response in Opposition. PLEASE IGNORE.*** (ch, )
March 30, 2010 Filing 446 REPLY to Response to Motion re #408 Emergency MOTION to Compel Inspection of E-Z-EM's Injectors, 30(b)(6) Deposition re Source Code and WillfulnessEmergency MOTION to Compel Inspection of E-Z-EM's Injectors, 30(b)(6) Deposition re Source Code and Willfulness in Opposition to #422 Defendants' Cross-Motion to Compel Plaintiffs to Allow Inspection and Produce a 30(B)(6) Witness on Laches and Inequitable Estoppel filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ruttenberg, Guy)
March 30, 2010 Filing 445 ***FILED IN ERROR. PER ATTORNEY. PLEASE IGNORE.***RESPONSE in Opposition re #419 SEALED MOTION DEFENDANTS' EMERGENCY RENEWED MOTION FOR SANCTIONS filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Ruttenberg, Guy) Modified on 3/31/2010 (ch, ).
March 30, 2010 Filing 444 Joint MOTION for Extension of Time to File Opening Expert Reports and Rebuttal Expert Reports by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
March 30, 2010 Opinion or Order Filing 443 ORDER granting #437 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 3/30/10. (ehs, )
March 30, 2010 Opinion or Order Filing 442 ORDER granting #435 Motion for Extension of Time to File Reply to Plaintiffs Response (Dkt. No. 407) to Defendants Letter Brief requesting leave to file a motion for partial summary judgment with respect to infringement (Dkt. No. 374). Responses due by 4/8/2010. Signed by Judge T. John Ward on 3/30/10. (ehs, )
March 30, 2010 Filing 441 NOTICE of Disclosure by Liebel-Flarsheim Company, Mallinckrodt Inc. Notice of Compliance on Service of Plaintiffs' Second Supplemental Disclosure of Asserted Claims and Infringement Contentions Pursuant to Patent Rule 3-6 (Smith, Melissa)
March 30, 2010 Filing 440 NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. re #376 Notice (Other) of Reply Letter Brief Requesting Leave to File Summary Judgment (Attachments: #1 Exhibit Reply Letter Brief)(Ruttenberg, Guy)
March 30, 2010 ***FILED IN ERROR, PER ATTY, ATTY WILL REFILE. Document # 438, Notice. PLEASE IGNORE.*** (sm, )
March 29, 2010 Filing 439 NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. re #381 Notice (Other) Reply to Letter Brief Seeking Permission to File a Motion for Summary Judgment (Attachments: #1 Exhibit Reply Letter Brief)(Ruttenberg, Guy)
March 29, 2010 Filing 438 ***FILED IN ERROR, PLEASE IGNORE.***NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. re #376 Notice (Other) Reply re Letter Brief Seeking Permission to File a Summary Judgment Motion (Attachments: #1 Exhibit Reply Letter Brief)(Ruttenberg, Guy) Modified on 3/30/2010 (sm, ).
March 29, 2010 Filing 437 Unopposed MOTION for Leave to File Excess Pages in Reply to Response to Motion to Dismiss and Strike Defendants' New Counterclaims and Defenses filed without leave of Court by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
March 29, 2010 Filing 436 REPLY to Response to Motion re #347 MOTION to Dismiss and Strike Defendants' New Counterclaims And Defenses Filed Without Leave of Court filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy)
March 29, 2010 Filing 435 Unopposed MOTION for Extension of Time to File Response/Reply as to #407 Sealed Document DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THEIR REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANTS' LETTER BRIEF by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 29, 2010 Filing 434 APPLICATION to Appear Pro Hac Vice by Attorney Christopher M Lawless for Liebel-Flarsheim Company,Christopher M Lawless for Mallinckrodt Inc.. (APPROVED, FEE PAID 2-1-5276) (ehs, )
March 29, 2010 Filing 433 APPLICATION to Appear Pro Hac Vice by Attorney Laura M Burson for Liebel-Flarsheim Company,Laura M Burson for Mallinckrodt Inc.. (APPROVED, FEE PAID 2-1-5276) (ehs, )
March 29, 2010 Opinion or Order Filing 432 ORDER granting #428 Motion for Extension of Time to File. The deadline for Opening Expert Reports (except for Remedies, Inequitable Conduct, and Willfulness) is extended to March 29, 2010 (midnight CDT). (2) The deadline for Rebuttal Expert Reports in response to Opening Reports of March 26 to March 29, 2010 is extended to April 15, 2010. Signed by Judge T. John Ward on 3/29/10. (ehs, )
March 29, 2010 Opinion or Order Filing 431 ORDER granting #426 Motion to Expedite. The Defendants shall file their opposition brief to the Plaintiffs motion for expedited briefing by April 2, 2010, and the Plaintiffs shall file their reply brief by April 5, 2010. Signed by Judge T. John Ward on 3/29/10. (ehs, )
March 26, 2010 Filing 430 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #380 Notice (Other) Notice of Reply Letter Brief ISO its Request for Permission to File a Summary Judgment Motion (Attachments: #1 Letter Brief)(Stinson, Andrew)
March 26, 2010 Filing 429 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Notice of Letter Brief Seeking Permission to File a Summary Judgment Motion (Attachments: #1 Letter Brief)(Stinson, Andrew)
March 26, 2010 Filing 428 Joint MOTION for Extension of Time to File regarding deadlines set forth in the Court's Order Granting the Agreed Motion to Amend the Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc., Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
March 24, 2010 Filing 427 Minute Entry for proceedings held before Judge T. John Ward: Telephone Conference held on 3/24/2010. (Court Reporter Shelly Holmes.) (shd, )
March 24, 2010 Filing 426 MOTION to Expedite Briefing for Mallinckrodt's Motion to Compel (Dkt. 424) by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
March 24, 2010 Opinion or Order Filing 425 ORDER granting #408 Motion to Compel. Defendants to produce a Rule 30(b (6) witness who can properly respond to Plaintiffs deposition notice regarding willfulness in order that the deposition be completed by 5:00 p.m. on Wednesday, April 7, 2010. Plaintiffs deadline to submit their expert report regarding willfulness has been extended to April 17, 2010. The Court also ORDERS Plaintiffs to respond by Tuesday, March 30, 2010 to Defendants Motion for Sanctions [Dkt. No. 419] and that portion of Defendants Opposition to Plaintiffs Motion to Compel [Dkt. No. 422] that counter-moves the Court to compel Plaintiffs to allow an inspection and produce a 30(b)(6) witness regarding laches and inequitable conduct. See Dkt. No. 422 at 34. Signed by Judge T. John Ward on 3/24/10. (ehs, )
March 24, 2010 Filing 424 Opposed SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE DOCUMENTS AS WELL AS TO PRODUCE CERTAIN WITNESSES FOR DEPOSITION, AND TO ANSWER INTERROGATORIES by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit O, #12 Exhibit P, #13 Exhibit Q, #14 Exhibit R, #15 Exhibit S, #16 Exhibit T, #17 Exhibit U, #18 Exhibit V, #19 Text of Proposed Order)(Ruttenberg, Guy)
March 23, 2010 Opinion or Order Filing 423 ORDER granting #416 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 3/23/10. (ehs, )
March 22, 2010 Filing 422 SEALED RESPONSE to Motion re #408 Emergency MOTION to Compel Inspection of E-Z-EM's Injectors, 30(b)(6) Deposition re Source Code and Willfulness filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (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)(Dacus, Deron)
March 22, 2010 Filing 421 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re #288 Opposed MOTION to Compel / Enforce Court Order filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Stinson, Andrew)
March 22, 2010 Filing 420 ***FILED IN ERROR, PLEASE IGNORE.***SEALED ADDITIONAL ATTACHMENTS to Main Document: #418 Sealed Document. Signature block to sealed document #418. (Stinson, Andrew) Modified on 3/22/2010 (sm, ).
March 22, 2010 ***FILED IN ERROR, WRONG EVENT USED, ATTY MUST REFILE #418 as a SEALED SURREPLY and include document contained in #420. Document # 418 and #420, Sealed Document and Sealed Additional Attachment to Document". PLEASE IGNORE.*** (sm, )
March 19, 2010 Filing 419 SEALED MOTION DEFENDANTS' EMERGENCY RENEWED MOTION FOR SANCTIONS by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Stinson, Andrew)
March 19, 2010 Filing 418 ***FILED IN ERROR, PLEASE IGNORE.***Sealed Document. Sur-Reply to Plaintiffs' Motion to Enforce the Court's 7-22-09 Order #288 (Stinson, Andrew) Modified on 3/22/2010 (sm, ).
March 19, 2010 Filing 417 RESPONSE in Opposition re #347 MOTION to Dismiss and Strike Defendants' New Counterclaims And Defenses Filed Without Leave of Court filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (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)(Stinson, Andrew)
March 19, 2010 Filing 416 MOTION for Leave to File Excess Pages on Defendants' Opposition to Plaintiffs' Motion to Dismiss and Strike Defendants' Inequitable Conduct Counterclaims and Defenses by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 19, 2010 Filing 415 SUR-REPLY to Reply to Response to Motion re #291 Opposed MOTION to Strike DEFENDANTS' SUR-REPLY IN OPPOSITION TO PLAINTIFFS' CROSS-MOTION TO STRIKE DEFENDANTS' AUGUST 2009 INVALIDITY CONTENTIONS filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part A, #3 Exhibit 2 Part B, #4 Exhibit 3)(Stinson, Andrew)
March 19, 2010 Opinion or Order Filing 414 ORDER that the Defendants to file their opposition to Plaintiffs EmergencyMotion to Compel [Dkt. No. 408] by Monday, March 22, 2010 at 5:00 p.m. In their response, Defendants are directed to advise the Court whether they intend to comply with the 30(b)(6) deposition notices that are the subject of the Motion to Compel. The Court will conduct a telephonic hearing on March 24, 2010 at 2:00 p.m. Plaintiffs are directed to initiate a conference call with all parties then dial the Courts conference line: (903) 938-8452. Signed by Judge T. John Ward on 3/19/10. (ehs, )
March 19, 2010 Filing 413 Additional Attachments to Main Document:(CERTIFICATE OF AUTHORIZATION) #407 Sealed Document.. (Ruttenberg, Guy) Modified on 3/19/2010 (ch, ).
March 19, 2010 Filing 412 Additional Attachments to Main Document: (CERTIFICATE OF AUTHORIZATION) #406 Sealed Document.. (Ruttenberg, Guy) Modified on 3/19/2010 (ch, ).
March 19, 2010 Filing 411 NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. re #408 Emergency MOTION to Compel Inspection of E-Z-EM's Injectors, 30(b)(6) Deposition re Source Code and Willfulness (Smith, Melissa)
March 18, 2010 Filing 410 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #381 Notice (Other) Response to Plaintiffs' Letter Brief (Attachments: #1 Response to Plaintiffs' Letter Brief)(Stinson, Andrew)
March 18, 2010 Filing 409 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #376 Notice (Other) Response to Plaintiffs' Letter Brief (Attachments: #1 Response to Letter Brief #376)(Stinson, Andrew)
March 18, 2010 Filing 408 Emergency MOTION to Compel Inspection of E-Z-EM's Injectors, 30(b)(6) Deposition re Source Code and Willfulness by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Ruttenberg, Guy) (Additional attachment(s) added on 3/24/2010: #1 Text of Proposed Order) (ch, ).
March 18, 2010 Filing 407 Sealed Document - NOTICE OF PLAINTIFFS ANSWERING LETTER BRIEF IN OPPOSITION TO DEFENDANTS FEBRUARY 26, 2010 LETTER BRIEF FOR PERMISSION TO FILE A SUMMARY JUDGMENT MOTION (Attachments: #1 Exhibit Answering Letter Brief)(Ruttenberg, Guy)
March 18, 2010 Filing 406 Sealed Document - NOTICE OF PLAINTIFFS ANSWERING LETTER BRIEF IN OPPOSITION TO DEFENDANTS MARCH 1, 2010 LETTER BRIEF FOR PERMISSION TO FILE A SUMMARY JUDGMENT MOTION (Attachments: #1 Exhibit Answering Letter Brief)(Ruttenberg, Guy)
March 18, 2010 Opinion or Order Filing 405 ORDER - The Court hereby amends it's Order dated April 30, 2009 [Dkt. No. 89] to eliminate the requirement that letter briefs be filed sixty days before the filing of motions in limine. The amended procedure is set forth herein. Signed by Judge T. John Ward on 3/18/10. (ehs, )
March 16, 2010 Opinion or Order Filing 404 ORDER granting #399 Motion for Extension of Time to File Response to Plaintiffs Letter Brief requesting leave to file a motion for partial summary judgment with respect to infringement and written description. Responses due by 3/18/2010. Signed by Judge T. John Ward on 3/16/10. (ehs, )
March 16, 2010 Opinion or Order Filing 403 ORDER granting #398 Motion for Extension of Time to File Response to Defendants Letter Brief Seeking Permission to File a Motion for Summary Judgment. Responses due by 3/18/2010. Signed by Judge T. John Ward on 3/16/10. (ehs, )
March 16, 2010 Opinion or Order Filing 402 ORDER granting #396 Motion for Extension of Time to File Opposition Brief to Pltf's motion to dismss and strike Defendants Inequitable Conduct Counterclaims and Defenses. Responses due by 3/19/2010. Signed by Judge T. John Ward on 3/16/10. (ehs, )
March 16, 2010 Opinion or Order Filing 401 ORDER granting #394 Motion for Extension of Time to File Sur-Reply to Plaintiffs Cross-Motion to Strike Defendants August 2009 InvalidityContentions. Responses due by 3/19/2010. Signed by Judge T. John Ward on 3/16/10. (ehs, )
March 16, 2010 Opinion or Order Filing 400 ORDER granting #393 Motion for Extension of Time to File Sur-Reply to Plaintiffs Motion to Enforce the Courts July 22, 2009 Order. Responses due by 3/19/2010. Signed by Judge T. John Ward on 3/16/10. (ehs, )
March 15, 2010 Filing 399 Unopposed MOTION for Extension of Time to File Response/Reply as to #376 Notice (Other) by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 15, 2010 Filing 398 Unopposed MOTION for Extension of Time to File Response/Reply as to #374 Notice (Other) Letter Brief Seeking Permission to File a Summary Judgment Motion by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
March 15, 2010 Opinion or Order Filing 397 ORDER denying Defendants' #244 SEALED MOTION to Compel Documents filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. Signed by Judge T. John Ward on 3/12/10. (ehs, )
March 12, 2010 NOTICE FROM CLERK re #395 Sealed Document - Notice. Clerk has modified this entry to delete the attachments, per judges oral request. (sm, )
March 11, 2010 Filing 396 Unopposed MOTION for Extension of Time to File Response/Reply as to #347 MOTION to Dismiss and Strike Defendants' New Counterclaims And Defenses Filed Without Leave of Court by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 11, 2010 Filing 395 Sealed Document (Notice of Compliance re order filed by plaintiff and Liebel ). (Attachments were deleted, per Judge, due to erroneously attached): # 1 Exhibit Sealed Exhibit 1, # 2 Exhibit Sealed Exhibit 2, # 3 Exhibit Sealed Exhibit 3)(Smith, Melissa) Modified on 3/12/2010 (sm, ). Modified on 3/12/2010 (sm, ).
March 11, 2010 Filing 394 Unopposed MOTION for Extension of Time to File Response/Reply as to #291 Opposed MOTION to Strike by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 11, 2010 Filing 393 Unopposed MOTION for Extension of Time to File Response/Reply as to #288 Opposed MOTION to Compel / Enforce Court Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 10, 2010 Opinion or Order Filing 392 ORDER granting #391 Motion to Amend docket control order. (1) The deadline to comply with Willfulness Production, Patent Rule 3-7, is extended to March 22, 2010. (2) The deadline for Opening Expert Reports (except for Remedies and Inequitable Conduct) is extended to March 26, 2010. (3) The deadline for Opening Expert Reports (Remedies and Inequitable Conduct) is extended to April 9, 2010. (4) The deadline for Rebuttal Expert Reports in response to Opening Reports of March 26, 2010 is extended to April 12, 2010. (5) The deadline for Rebuttal Expert Reports in response to Opening Reports of April 9, 2010 is extended to April 20, 2010. Signed by Judge T. John Ward on 3/10/10. (ehs, )
March 5, 2010 Filing 391 Agreed MOTION to Amend/Correct #33 Order, Set Deadlines/Hearings,, Agreed Motion to Amend Docket Control Order by ACIST Medical Systems, Inc., Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
March 3, 2010 Opinion or Order Filing 390 ORDER granting #375 Motion for Extension of Time to File Letter Briefs Seeking Permission to File Any Motions to Strike or Daubert Motions. Signed by Judge T. John Ward on 3/3/10. (ehs, )
March 3, 2010 Opinion or Order Filing 389 ORDER granting #386 Motion for Extension of Time to File Opposition Brief to Pltf's motion to dismiss and strike deft's inequitable couduct counterclaims and defenses. Responses due by 3/11/2010. Signed by Judge T. John Ward on 3/3/10. (ehs, )
March 3, 2010 Opinion or Order Filing 388 ORDER granting #385 Motion for Extension of Time to File Sur-Reply to Plaintiffs Motion to Enforce the Courts July 22, 2009 Order. Responses due by 3/12/2010. Signed by Judge T. John Ward on 3/3/10. (ehs, )
March 3, 2010 Opinion or Order Filing 387 ORDER granting #384 Motion for Extension of Time to File Sur-Reply to Plaintiffs Cross-Motion to Strike Defendants August 2009 Invalidity Contentions. Responses due by 3/12/2010. Signed by Judge T. John Ward on 3/3/10. (ehs, )
March 2, 2010 Filing 386 Unopposed MOTION for Extension of Time to File Response/Reply as to #347 MOTION to Dismiss and Strike Defendants' New Counterclaims And Defenses Filed Without Leave of Court by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 2, 2010 Filing 385 Unopposed MOTION for Extension of Time to File Response/Reply as to #288 Opposed MOTION to Compel / Enforce Court Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 2, 2010 Filing 384 Unopposed MOTION for Extension of Time to File Response/Reply as to #291 Opposed MOTION to Strike by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
March 2, 2010 Opinion or Order Filing 383 MEMORANDUM OPINION and ORDER - Granting #223 Motion to Compel Defts to produce documents allegedly covered by defet's purported "Settlement Negotiations" Privilege. E-Z-EM is ordered to produce the settlement negotiations within 20 days of this order. Signed by Judge T. John Ward on 3/2/10. (
March 2, 2010 Opinion or Order Filing 382 ORDER - the Court orders an in camera review of the disputed documents to determine whether they are, in fact, privileged. Plaintiffs counsel is to submit a declaration with the disputed documents to the Court for in camera review. Signed by Judge T. John Ward on 3/2/10. (ehs, )
March 1, 2010 Filing 381 NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company of Letter Brief Seeking Permission to File a Motion for Summary Judgment (Attachments: #1 Exhibit Letter Brief)(Ruttenberg, Guy)
March 1, 2010 Filing 380 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Notice of Letter Brief Seeking Permission to File a Summary Judgment Motion (Attachments: #1 Letter Brief)(Dacus, Deron)
March 1, 2010 Opinion or Order Filing 379 ORDER granting #373 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 3/1/2010. (ch, )
March 1, 2010 Opinion or Order Filing 378 ORDER granting #371 Motion for Extension of Time to File reply to Defendants Response to Plaintiffs Motion to Enforce the Courts July 22, 2009 Order Compelling Defendants to Provide More Complete Interrogatory Responses. Signed by Judge T. John Ward on 3/1/10. (ehs, )
March 1, 2010 Opinion or Order Filing 377 ORDER granting #370 Motion for Leave to File Excess Page Limit on their Reply to Defendants Response to Plaintiffs Cross-Motion to Strike Defendants August 2009 Invalidity Contentions. Signed by Judge T. John Ward on 3/1/10. (ehs, )
February 26, 2010 Filing 376 NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company of Letter Brief Requesting Leave to File Summary Judgment (Attachments: #1 Exhibit Letter Brief)(Ruttenberg, Guy)
February 26, 2010 Filing 375 MOTION for Extension of Time to File Letter Briefs Seeking Permission to File Any Motions to Strike or Daubert Motions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
February 26, 2010 Filing 374 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Notice of Letter Brief Seeking Permission to File a Summary Judgment Motion (Attachments: #1 Letter Brief)(Dacus, Deron)
February 26, 2010 Filing 373 Unopposed MOTION for Leave to File Excess Pages in Reply to Defendants' Response to Plaintiffs' Motion to Enforce the Court's July 22, 2009 Order Compelling Defendants to Provide More Complete Interrogatory Responses (filed under seal) by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 26, 2010 Filing 372 SEALED REPLY to Response to Motion re #288 Opposed MOTION to Compel / Enforce Court Order filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Smith, Melissa)
February 25, 2010 Filing 371 Unopposed MOTION for Extension of Time to File Reply To Defendants Response To Plaintiffs Motion To Enforce The Courts July 22, 2009 Order Compelling Defendants To Provide More Complete Interrogatory Responses by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
February 25, 2010 Filing 370 Unopposed MOTION for Leave to File Excess Pages in Reply to Defendants' Response to Plaintiffs' Cross-Motion to Strike Defendants' August 2009 Invalidity Contentions by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 25, 2010 Filing 369 REPLY to Response to Motion re #291 Opposed MOTION to Strike Defendants' August 2009 Invalidity Contentions filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Smith, Melissa)
February 25, 2010 Opinion or Order Filing 368 ORDER granting #366 Motion for Extension of Time to File reply to Dfts response to Plaintiffs Motion to Enforce the Court's 7/22/09 Order Compelling Dfts to Provide more Complete Interrogatory Responses. Signed by Judge T. John Ward on 2/25/2010. (ch, )
February 25, 2010 Opinion or Order Filing 367 ORDER granting #365 Motion for Extension of Time to File Reply to Dft's response to Plaintiffs Cross-Motion to Strike Dft's August 2009 Invalidity Contentions. Signed by Judge T. John Ward on 2/25/2010. (ch, )
February 24, 2010 Filing 366 Unopposed MOTION for Extension of Time to File by Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 24, 2010 Filing 365 Unopposed MOTION for Extension of Time to File by Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 24, 2010 Opinion or Order Filing 364 ORDER granting #362 Motion for Extension of Time to File Reply to Defendants response toPlaintiffs Cross Motion to Strike Defendants August 2009 Invalidity Contentions. Responses due by 2/24/2010. Signed by Judge T. John Ward on 2/24/10. (ehs, )
February 24, 2010 Opinion or Order Filing 363 ORDER granting #361 Motion for Extension of Time to File Reply to Defendants response to Plaintiffs Motion to Enforce the Courts July 22, 2009 Order Compelling Defendants to Provide More Complete Interrogatory Responses. Responses due by 2/24/2010. Signed by Judge T. John Ward on 2/24/10. (ehs, )
February 23, 2010 Filing 362 Unopposed MOTION for Extension of Time to File Response/Reply as to #334 Response to Motion,,, To Strike Defendants August 2009 Invalidity Contentions by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy) (Additional attachment(s) added on 2/25/2010: #2 Revised Order) (sm, ).
February 23, 2010 Filing 361 Unopposed MOTION for Extension of Time to File Response/Reply as to #332 Sealed Response to Motion To Enforce The Courts July 22, 2009 Order Compelling Defendants To Provide More Complete Interrogatory Responses by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy) (Additional attachment(s) added on 2/25/2010: #2 Revised Order) (sm, ).
February 22, 2010 Opinion or Order Filing 360 ORDER denying #156 Motion for Summary Judgment. Signed by Judge T. John Ward on 2/22/10. (ehs, )
February 22, 2010 Opinion or Order Filing 359 MEMORANDUM OPINION and ORDER - The court adopts the constructions set forth in this opinion for the disputed terms of the 710 patent. The parties are ordered that they may not refer, directly or indirectly, to each other's claim construction positions in the presence of the jury. Likewise, the parties are ordered to refrain from mentioning any portion of this opinion, other than the actual definitions adopted by the court, in the presence of the jury. Any reference to claim construction proceedings is limited to informing the jury of the definitions adopted by the court. Signed by Judge T. John Ward on 2/22/10. (ehs, )
February 22, 2010 Opinion or Order Filing 358 ORDER granting #354 Motion for Extension of Time to File Response to Plaintiffs Motion to Enforce the Courts July 22, 2009 Order Compelling Defendants to Provide More Complete Interrogatory Responses. Responses due by 2/22/2010. Signed by Judge T. John Ward on 2/22/10. (ehs, )
February 22, 2010 Opinion or Order Filing 357 ORDER granting #352 Motion to Withdraw as Attorney. Attorney Christopher C Smith terminated. Signed by Judge T. John Ward on 2/22/10. (ehs, )
February 22, 2010 Opinion or Order Filing 356 ***FILED IN ERROR. WRONG CASE. PLEASE IGNORE.***ORDER - Proposed Pretrial Order due by 3/29/2010. Jury Selection has been RESET for 4/5/2010 09:00AM before Judge T. John Ward., Pretrial Conference has been RESET for 3/30/2010 02:00 PM before Judge T. John Ward. At this time this case has not been referred to the Honorable Randall R. Rader. Within fifteen (15) days of this order the parties are to submit to the Court an agreed docket control order setting deadlines for at least the followin issues. Signed by Judge T. John Ward on 2/22/2010. (ch, ) Modified on 2/22/2010 (ch, ).
February 22, 2010 Opinion or Order Filing 355 ORDER granting #353 Motion for Extension of Time to File Response/Reply re: #334 Response to Motion Responses due by 2/22/2010. Signed by Judge T. John Ward on 2/22/2010. (ch, )
February 22, 2010 NOTICE FROM CLERK - Document # 356 is filed in error, wrong case, please Ignore. (ch, )
February 19, 2010 Filing 354 Unopposed MOTION for Extension of Time to File Response/Reply as to #332 Sealed Response to Motion by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 19, 2010 Filing 353 Unopposed MOTION for Extension of Time to File Response/Reply as to #334 Response to Motion,,, by Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 19, 2010 Filing 352 Unopposed MOTION to Withdraw as Attorney ( Christopher Smith) by Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 19, 2010 Opinion or Order Filing 351 ORDER granting #348 Motion for Entry of Stipulation Regarding Depositions. Signed by Judge T. John Ward on 2/19/10. (ehs, )
February 19, 2010 Filing 350 STIPULATION Regarding Discovery of Testifying Experts by ACIST Medical Systems, Inc., Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Dacus, Deron)
February 17, 2010 Filing 349 SUR-REPLY to Reply to Response to Motion re #245 MOTION for Leave to File Motion for Leave to Serve Supplemental Invalidity Contentions filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Ruttenberg, Guy)
February 17, 2010 Filing 348 Joint MOTION For Entry of Stipulation Regarding Depositions by ACIST Medical Systems, Inc., Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 16, 2010 Filing 347 MOTION to Dismiss and Strike Defendants' New Counterclaims And Defenses Filed Without Leave of Court by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
February 16, 2010 Filing 346 Plaintiffs' ANSWER to #290 Answer to Amended Complaint, Counterclaim by Mallinckrodt Inc., Liebel-Flarsheim Company.(Ruttenberg, Guy)
February 16, 2010 Filing 345 Additional Attachments to Main Document: #342 Sealed Reply to Response to Motion,.. (Dacus, Deron)
February 12, 2010 Opinion or Order Filing 344 ORDER granting #338 Motion to Strike Page M00463406 from Exhibit E to Defendants Sealed Reply to Response to Motion re Emergency Sealed Motion to Modify the Discovery Order (Docket No. 215) shall be excised from the Court record. Any copies shall be returned to counsel for Plaintiffs. Signed by Judge T. John Ward on 2/12/10. (ehs, )
February 12, 2010 Opinion or Order Filing 343 ORDER granting #341 Motion for Extension of Time to File response to Defendants Third Amended Answer. Deadline extended to 2/15/10. Signed by Judge T. John Ward on 2/12/10. (ehs, )
February 12, 2010 Filing 342 SEALED SURREPLY IN OPPOSITION TO #223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A)(Dacus, Deron)
February 10, 2010 Filing 341 Unopposed MOTION for Extension of Time to File by Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 10, 2010 Filing 340 NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company re #334 Response to Motion,,, Notice of Non-Opposition to Defendants' Motion for Leave to Exceed Page Limit in filing Response to Defendants' Opposed Motion to Strike Defendants' Opposition to Plaintiffs' Cross-Motion to Strike Defendants' August 2009 Invalidity Contentions (Smith, Melissa)
February 10, 2010 Opinion or Order Filing 339 ORDER granting #126 Motion for Leave to File Excess Pages. On Defendants Reply to Plaintiffs Opposition to E-Z-EM Inc. and ACIST Medical Systems Inc.s Motion for Sanctions for Plaintiffs Failure to Comply with the Courts Docket Control Order. Signed by Judge T. John Ward on 2/10/2010. (ch, )
February 10, 2010 Filing 338 Unopposed MOTION to Strike #215 Sealed Reply to Response to Motion, Unopposed Motion to Strike Document from the Court Record by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 10, 2010 Opinion or Order Filing 337 ORDER granting #331 Motion for Extension of Time to File Brief in Opposition to Plaintiffs Motion to Compel Supplemental Interrogatory Responses. Signed by Judge T. John Ward on 2/8/10. (ehs, )
February 10, 2010 NOTICE by Clerk - Clerk has modified this entry to reflect that it is a reply and not a Response in Support re #336 Response in Support of Motion (ch, )
February 9, 2010 Filing 336 REPLY to RESPONSE re #245 MOTION for Leave to File Motion for Leave to Serve Supplemental Invalidity Contentions with a Single Prior Art Reference filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1 of 2, #4 Exhibit 3 Part 2 of 2, #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 Appendix A)(Stinson, Andrew) Modified on 2/10/2010 (ch, ).
February 9, 2010 Filing 335 MOTION for Leave to File Excess Pages on Defendants' Reply in Support of Their Motion for Leave to Supplement Invalidity Contentions with a Single Prior Art Reference by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
February 9, 2010 Filing 334 RESPONSE to Motion re #291 Opposed MOTION to Strike DEFENDANTS' OPPOSITION TO PLAINTIFFS' CROSS-MOTION TO STRIKE DEFENDANTS' AUGUST 2009 INVALIDITY CONTENTIONS filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1 of 3, #3 Exhibit Part 2 of 3, #4 Exhibit Part 3 of 3, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8 Part 1 of 3, #11 Exhibit 8 Part 2 of 3, #12 Exhibit 8 Part 3 of 3, #13 Exhibit 9, #14 Exhibit 10 Part 1 of 2, #15 Exhibit 10 Part 2 of 2, #16 Exhibit 11 Part 1 of 3, #17 Exhibit 11 Part 2 of 3, #18 Exhibit 11 Part 3 of 3, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18)(Stinson, Andrew)
February 9, 2010 Filing 333 MOTION for Leave to File Excess Pages on Defendants' Opposition to Plaintiffs' Cross-Motion to Strike Defendants' August 2009 Invalidity Contentions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
February 9, 2010 Filing 332 SEALED RESPONSE to Motion re #288 Opposed MOTION to Compel / Enforce Court Order filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stinson, Andrew)
February 5, 2010 Filing 331 Unopposed MOTION for Extension of Time to File Response/Reply as to #288 Opposed MOTION to Compel / Enforce Court Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
February 5, 2010 Opinion or Order Filing 330 ORDER granting #325 Motion for Leave to File Excess Pages Limit on Plaintiffs Reply In Support of Plaintiffs Motion to Compel Defendants to Produce Documents Allegedly Covered by Defendants Purported Settlement Negotiations Privilege. Signed by Judge T. John Ward on 2/5/10. (ehs, )
February 5, 2010 Opinion or Order Filing 329 ORDER granting #324 Motion for Extension of Time to File Reply Brief in Support of their Motion for Leave to Serve Supplemented Invalidity Contentions. Deadline extended to 2/9/10. Signed by Judge T. John Ward on 2/5/10. (ehs, )
February 4, 2010 Filing 328 SUR-REPLY to Reply to Response to Motion re #244 SEALED MOTION to Compel Documents filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Ruttenberg, Guy)
February 2, 2010 Filing 327 SEALED SURREPLY in Opposition to Motion re #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit U, #2 Exhibit V, #3 Exhibit W)(Ruttenberg, Guy)
February 1, 2010 Filing 326 REPLY to Response to Motion re #223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Ruttenberg, Guy)
February 1, 2010 Filing 325 Unopposed MOTION for Leave to File Excess Pages re Plaintiffs Reply In Support of Plaintiffs Motion to Compel Defendants to Produce Documents Allegedly Covered by Defendants Purported Settlement Negotiations Privilege by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
February 1, 2010 Filing 324 Unopposed MOTION for Extension of Time to File Their Reply in Support of Defendants' Motion for Leave to Serve Supplemented Invalidity Contentions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
January 29, 2010 Opinion or Order Filing 322 ORDER granting #321 Motion for Extension of Time to Answer. GRANTED a 13 day extension of time, from January 28, 2010, up to and including February 10, 2010, within which to answer Defendants Third Amended Answer, Affirmative Defenses, and Counterclaims. Signed by Judge T. John Ward on 1/29/10. (ehs, )
January 28, 2010 Filing 321 Unopposed MOTION for Extension of Time to File Answer re #290 Answer to Amended Complaint, Counterclaim by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
January 27, 2010 Filing 323 Minute Entry for proceedings held before Judge T. John Ward: Markman Hearing held on 1/27/2010. (Court Reporter Shelly Holmes.) (shd, )
January 27, 2010 Opinion or Order Filing 320 ORDER granting #318 Motion for Leave to File Excess Pages on Dfts Reply to Plaintiffs Opposition to Dfts Motion to Compel Documents. Signed by Judge T. John Ward on 1/27/2010. (ch, )
January 26, 2010 Filing 319 REPLY to Response to Motion re #244 SEALED MOTION to Compel Documents filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Stinson, Andrew)
January 26, 2010 Filing 318 Unopposed MOTION for Leave to File Excess Pages by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
January 26, 2010 Opinion or Order Filing 317 ORDER granting #315 Motion for Extension of Time to File Response/Reply re #291 Opposed MOTION to Strike Responses due by 2/9/2010. Signed by Judge T. John Ward on 1/26/2010. (ch, )
January 26, 2010 Opinion or Order Filing 316 ORDER granting #314 Motion for Extension of Time to File Response/Reply re #288 Opposed MOTION to Compel / Enforce Court Order Responses due by 2/5/2010. Signed by Judge T. John Ward on 1/26/2010. (ch, )
January 22, 2010 Filing 315 Unopposed MOTION for Extension of Time to File Response/Reply as to #291 Opposed MOTION to Strike by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
January 22, 2010 Filing 314 Unopposed MOTION for Extension of Time to File Response/Reply as to #288 Opposed MOTION to Compel / Enforce Court Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
January 20, 2010 Filing 313 JOINT CLAIM CONSTRUCTION CHART filed by Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc., ACIST Medical Systems, Inc.,. (Attachments: #1 Exhibit A (Claim Chart))(Ruttenberg, Guy)
January 20, 2010 Opinion or Order Filing 312 ORDER granting #311 Motion for Extension of Time to File Response/Reply re: #286 Response in Opposition to Motion for leave to Serve Supplemental Invalidity Contentions Responses due by 2/2/2010. Signed by Judge T. John Ward on 1/20/2010. (ch, )
January 19, 2010 Filing 311 MOTION for Extension of Time to File Response/Reply as to #286 Response in Opposition to Motion, for Leave to Serve Supplemental Invalidity Contentions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
January 19, 2010 Opinion or Order Filing 310 ORDER granting #307 Motion for Extension of Time to File Response Reply to Plaintiffs Response in Opposition [Dkt. 283] to Defendants Motion to Compel Documents [Dkt. 244]. Responses due by 1/26/2010. Signed by Judge T. John Ward on 1/19/10. (ehs, )
January 19, 2010 Opinion or Order Filing 309 ORDER granting #306 Motion for Leave to File Excess Pages on Plaintiffs Mallinckrodt Inc.s And Liebel-Flarsheim Companys Reply In Support Of Their Claim Construction Brief For U.S. Patent No. 5,868,710. Signed by Judge T. John Ward on 1/15/10. (ehs, )
January 19, 2010 Opinion or Order Filing 308 ORDER granting #305 Motion for Extension of Time to comply with PR 4-5(d). Deadline extended to January 20, 2010 at 4:00 p.m. Signed by Judge T. John Ward on 1/19/10. (ehs, )
January 15, 2010 Filing 307 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Compel Documents by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
January 15, 2010 Filing 306 Unopposed MOTION for Leave to File Excess Pages on Plaintiffs' Reply in Support of Their Claim Construction Brief For U.S. Patent No. 5,868,710 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
January 15, 2010 Filing 305 Joint MOTION for Extension of Time to File to Comply with PR 4-5(d) by ACIST Medical Systems, Inc., Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
January 15, 2010 Filing 304 SEALED PATENT DOCUMENT (Reply Claim Construction Brief). (Attachments: #1 Exhibit 32, #2 Exhibit 33, #3 Exhibit 34, #4 Exhibit 35, #5 Exhibit 36, #6 Exhibit 37, #7 Exhibit 38, #8 Exhibit 39, #9 Exhibit 40, #10 Exhibit 41, #11 Exhibit 42, #12 Exhibit 43, #13 Exhibit 44, #14 Exhibit 45, #15 Exhibit 46, #16 Exhibit 47, #17 Exhibit 48, #18 Exhibit 49)(Ruttenberg, Guy)
January 14, 2010 Filing 303 APPLICATION to Appear Pro Hac Vice by Attorney Bruce J Rose for ACIST Medical Systems, Inc. and E-Z-EM, Inc.. (APPROVED, FEE PAID 6-1-20713) (ehs, )
January 13, 2010 Opinion or Order Filing 302 ORDER granting #298 Motion for Leave to File Excess Pages on Defendants replacement Claim Construction Brief. Signed by Judge T. John Ward on 1/13/10. (ehs, )
January 13, 2010 Opinion or Order Filing 301 ORDER granting #297 Motion for Extension of Time to File Reply to Defendants Response to Plaintiffs Motion to Compel Defendants to Produce Documents Allegedly Covered by Defendants Purported Settlement Negotiations Privilege. Responses due by 1/25/2010. Signed by Judge T. John Ward on 1/13/10. (ehs, )
January 13, 2010 Opinion or Order Filing 300 ORDER granting #296 Motion for Extension of Time to File Response to Plaintiffs Claim Construction Brief. Responses due by 1/15/2010. Signed by Judge T. John Ward on 1/13/10. (ehs, )
January 12, 2010 Filing 299 Sealed Document. Defendants' ACIST Medical and E-Z-EM REPLACEMENT Claim Construction Brief (with substituted pages from orig Brief)(Attachments: #1 Document stating see exhibits previously filed (#271-275 - attachments)(Dacus, Deron) Modified on 1/13/2010 (sm, ).
January 12, 2010 Filing 298 Unopposed MOTION for Leave to File Excess Pages of Defendants' Replacement Claim Construction Brief by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
January 12, 2010 Filing 297 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Response to Plaintiffs' Motion to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
January 12, 2010 Filing 296 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Response to Claim Construction Brief by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
January 12, 2010 Opinion or Order Filing 295 ORDER granting #284 Motion for Leave to File Two Replacement Pages in their Claim Construction Brief. Defendants are allowed to file replacement pages for pages 57 and 58 of their Claim Construction Brief. Signed by Judge T. John Ward on 1/12/2010. (ch, )
January 12, 2010 Opinion or Order Filing 294 ORDER granting #281 Motion for Extension of Time to File. Defendants deadline to amend their pleadings be extended from the current deadline of 1/8/2010 to and including 1/11/2010. Signed by Judge T. John Ward on 1/12/2010. (ch, )
January 12, 2010 Opinion or Order Filing 293 ORDER granting #280 Motion for Extension of Time to File Opposition to Dft's Motion for leave to serve Supplemented Invalidity Contentions. Plaintiffs shall file their response by 1/11/2010. Signed by Judge T. John Ward on 1/12/2010. (ch, )
January 12, 2010 Opinion or Order Filing 292 ORDER denying #178 Dfts Motion to Preclude Plaintiffs from Relying on Some Prospective Declaration Either to Support Plaintiffs Proposed Claim Construction or to Oppose Dfts. Signed by Judge T. John Ward on 1/12/2010. (ch, )
January 11, 2010 Filing 291 Opposed MOTION to Strike by Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Smith, Melissa)
January 11, 2010 Filing 290 THIRD AMENDED ANSWER to #19 Amended Complaint,, COUNTERCLAIM against Mallinckrodt Inc., Liebel-Flarsheim Company by ACIST Medical Systems, Inc., E-Z-EM, Inc..(Dacus, Deron)
January 11, 2010 Filing 289 SEALED ADDITIONAL ATTACHMENTS to Main Document: #288 Opposed MOTION to Compel / Enforce Court Order. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Smith, Melissa)
January 11, 2010 Filing 288 Opposed MOTION to Compel / Enforce Court Order by Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Smith, Melissa)
January 11, 2010 Filing 287 SEALED ADDITIONAL ATTACHMENTS to Main Document: #286 Response in Opposition to Motion,. (Smith, Melissa)
January 11, 2010 Filing 286 RESPONSE in Opposition re #245 MOTION for Leave to File Motion for Leave to Serve Supplemental Invalidity Contentions filed by Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Smith, Melissa)
January 11, 2010 NOTICE of DEFICIENCY regarding the #285 Sealed Document (Replacement Pages) submitted by ACIST Medical Systems, Inc., E-Z-EM, Inc.. No cert of authority to seal and replacement pages should be attachments to main document. Correction should be made by 1 business day and refiled. (sm, )
January 8, 2010 Filing 285 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***Sealed Document. Replacement pages 57 and 58 to Defendants' Claim Construction Brief and Replacement Brief. (Attachments: #1 Replacement Brief)(Dacus, Deron) Modified on 1/11/2010 (sm, ). Modified on 1/11/2010 (sm, ).
January 8, 2010 Filing 284 MOTION for Leave to File Two Replacement Pages in Their Claim Construction Brief by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
January 8, 2010 Filing 283 RESPONSE in Opposition re #244 SEALED MOTION to Compel Documents filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ruttenberg, Guy)
January 8, 2010 Filing 282 RESPONSE to Motion re #223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege Defendants' Opposition to Motion to Compel filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dacus, Deron)
January 8, 2010 Filing 281 Unopposed MOTION for Extension of Time to File to Amend Their Pleadings by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
January 8, 2010 Filing 280 Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion for Leave to Serve Supplemented Invalidity Contentions by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
January 4, 2010 Opinion or Order Filing 279 ORDER granting #270 Motion for Extension of Time to File Oppositions to Dft's Motion for Leave to Serve Supplemented Invalidity Contentions. Plaintiffs deadline is 1/8/2010. Signed by Judge T. John Ward on 1/4/2010. (ch, )
January 4, 2010 Opinion or Order Filing 278 ORDER granting #269 Motion for Extension of Time to File Opposition to Dfts Motion to Compel documents. Plaintiffs deadline is 1/8/2010. Signed by Judge T. John Ward on 1/4/2010. (ch, )
January 4, 2010 Opinion or Order Filing 277 ORDER granting #267 Motion for Extension of Time to File Response/Reply re #223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege Responses due by 1/8/2010. Signed by Judge T. John Ward on 1/4/2010. (ch, )
December 30, 2009 Filing 276 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/09/09 Motion Hearing before Judge T. John Ward. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/23/2010. Redacted Transcript Deadline set for 2/2/2010. Release of Transcript Restriction set for 4/2/2010. (lss, )
December 24, 2009 Filing 275 SEALED ADDITIONAL ATTACHMENTS to Main Document: #271 Sealed Document DEFENDANTS' PROPOSED CLAIM CONSTRUCTIONS AND RESPONSE TO PLAINTIFFS' PROPOSED CONSTRUCTIONS FOR U.S. PATENT NO. 5,868,710. (Attachments: #1 Exhibit 3 part A, #2 Exhibit 3 part B, #3 Exhibit 37, #4 Exhibit 38, #5 Exhibit 39, #6 Exhibit 40, #7 Exhibit 41, #8 Exhibit 42, #9 Exhibit 43, #10 Exhibit 44, #11 Exhibit 45, #12 Exhibit 46, #13 Exhibit 47 part A, #14 Exhibit 47 part B, #15 Exhibit 47 part C)(Dacus, Deron)
December 24, 2009 Filing 274 SEALED ADDITIONAL ATTACHMENTS to Main Document: #271 Sealed Document DEFENDANTS' PROPOSED CLAIM CONSTRUCTIONS AND RESPONSE TO PLAINTIFFS' PROPOSED CONSTRUCTIONS FOR U.S. PATENT NO. 5,868,710. (Attachments: #1 Exhibit 26, #2 Exhibit 27 part A, #3 Exhibit 27 part B, #4 Exhibit 28 part A, #5 Exhibit 28 part B, #6 Exhibit 29, #7 Exhibit 30, #8 Exhibit 31, #9 Exhibit 32, #10 Exhibit 33, #11 Exhibit 34, #12 Exhibit 35, #13 Exhibit 36)(Dacus, Deron)
December 24, 2009 Filing 273 SEALED ADDITIONAL ATTACHMENTS to Main Document: #271 Sealed Document DEFENDANTS' PROPOSED CLAIM CONSTRUCTIONS AND RESPONSE TO PLAINTIFFS' PROPOSED CONSTRUCTIONS FOR U.S. PATENT NO. 5,868,710. (Attachments: #1 Exhibit 14 part A, #2 Exhibit 14 part B, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24, #13 Exhibit 25)(Dacus, Deron)
December 24, 2009 Filing 272 SEALED ADDITIONAL ATTACHMENTS to Main Document: #271 Sealed Document DEFENDANTS' PROPOSED CLAIM CONSTRUCTIONS AND RESPONSE TO PLAINTIFFS' PROPOSED CONSTRUCTIONS FOR U.S. PATENT NO. 5,868,710. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12 part A, #6 Exhibit 12 part B, #7 Exhibit 12 part C, #8 Exhibit 12 part D, #9 Exhibit 13 part A, #10 Exhibit 13 part B)(Dacus, Deron)
December 23, 2009 Filing 271 Sealed Document.Dfts E-Z-EM Inc and Acist Medical Systems Inc Proposed Claim Constructions and Response to Plaintiffs Proposed Constructions for U.S. Patent No. 5,868,710. (Attachments: #1 Exhibit 1, #2 Exhibit 2 part A, #3 Exhibit 2 part B, #4 Exhibit 4 part A, #5 Exhibit 4 part B, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7 part A, #9 Exhibit 7 part B)(Dacus, Deron) Modified on 12/28/2009 (ch, ).
December 22, 2009 Filing 270 Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion for Leave to Serve Supplemented Invalidity Contentions by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
December 22, 2009 Filing 269 Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion to Compel Documents by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
December 22, 2009 Opinion or Order Filing 268 ORDER granting #266 Motion for Extension of Time to Identify any Documents They Intend to Use as Exhibits for the Deposition of Mr. Knipfer. Deadline extended to 1/8/10. Signed by Judge T. John Ward on 12/22/09. (ehs, )
December 22, 2009 Filing 267 Unopposed MOTION for Extension of Time to File Response/Reply as to #223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege, #254 Order on Motion for Extension of Time to File Response/Reply, by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
December 21, 2009 Filing 266 Unopposed MOTION EXTENSION OF TIME TO IDENTIFY DOCUMENTS re #242 Order MOTION FOR EXTENSION OF TIME TO IDENTIFY ANY DOCUMENTS THEY INTEND TO USE AS EXHIBITS FOR THE DEPOSTION OF MR. KNIPFER by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
December 18, 2009 Opinion or Order Filing 265 ORDER denying #196 Motion in View of Pending Reexamination of Patent-Infringement Suit. Signed by Judge T. John Ward on 12/18/09. (ch, )
December 18, 2009 Opinion or Order Filing 264 ORDER granting #257 Motion for Extension of Time to Amend pleadings. Deadline is extended to 1/8/2010. Signed by Judge T. John Ward on 12/18/09. (ch, )
December 18, 2009 Filing 263 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #242 Order Notice of Compliance with Court Order to Produce any Correspondence with Counsel for Mr. Minnich Within Seven Days (Dacus, Deron)
December 17, 2009 Filing 262 NOTICE of Change of Address by Allison Worthy Buchner (Buchner, Allison)
December 17, 2009 Filing 261 NOTICE of Change of Address by Thomas Charles Richardson (Richardson, Thomas)
December 17, 2009 Filing 260 NOTICE of Change of Address by Christopher C Smith (Smith, Christopher)
December 17, 2009 Filing 259 NOTICE of Change of Address by Robert G Krupka (Krupka, Robert)
December 17, 2009 Filing 258 NOTICE of Change of Address by Guy Ruttenberg (Ruttenberg, Guy)
December 17, 2009 Filing 257 Unopposed MOTION for Extension of Time to File Motion for Extension of Time to Amend Their Pleadings by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
December 17, 2009 Opinion or Order Filing 256 ORDER granting #251 Motion for Leave to Exceed Limit on Dfts Reply to Dfts Motion of Summary Judgment of Non-Infringement of US Patent No. 5,868,710. Signed by Judge T. John Ward on 12/17/09. (ch, )
December 17, 2009 Opinion or Order Filing 255 ORDER granting #250 Motion for Leave to Exceed Page Limitation of Dfts Reply Briefs Pursuant to Local Rule CV-7(a)(1). Signed by Judge T. John Ward on 12/17/09. (ch, )
December 17, 2009 Opinion or Order Filing 254 ORDER granting #249 Motion for Extension of Time to File Response/Reply re #223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege Responses due by 12/23/2009. Signed by Judge T. John Ward on 12/17/09. (ch, )
December 16, 2009 Filing 253 SEALED ADDITIONAL ATTACHMENTS to Main Document: #252 Sealed Reply to Response to Motion,,. (Attachments: #1 Exhibit L - Part 1 to the Declaration, #2 Exhibit L- Part 2 to the Declaration, #3 Exhibit L - Part 3 to the Declaration, #4 Exhibit M, #5 Exhibit N - Part 1 to the Declaration, #6 Exhibit N - Part 2 to the Declaration, #7 Exhibit O to the Declaration, #8 Exhibit P to the Declaration, #9 Exhibit Q to the Declaration, #10 Exhibit R to the Declaration, #11 Exhibit S to the Declaration, #12 Exhibit T to the Declaration)(Dacus, Deron)
December 16, 2009 Filing 252 SEALED REPLY to Response to Motion re #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Declaration of David Eklund, #2 Exhibit A - Part 1 to Declaration, #3 Exhibit A - Part 2 to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Exhibit D to Declaration, #7 Exhibit E to Declaration, #8 Exhibit F to Declaration, #9 Exhibit G to Declaration, #10 Exhibit H to Declaration, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K - part 1 to the Declaration, #14 Exhibit K - part 2 to the Declaration, #15 Exhibit K - Part 3 to the Declaration)(Dacus, Deron)
December 16, 2009 Filing 251 Unopposed MOTION for Leave to File Motion for Leave to Exceed Page Limit (on Reply Brief in Support of Motion for Summary Judgment of U.S. Patent No. 5,868,710) by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
December 16, 2009 Filing 250 Unopposed MOTION for Leave to File Motion for Leave to Exceed Page Limitation on Defendants' Reply Briefs Pursuant to Local Rule CV-7(a)(1) by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
December 16, 2009 Filing 249 Unopposed MOTION for Extension of Time to File Response/Reply as to #223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
December 15, 2009 Opinion or Order Filing 248 ORDER granting #247 Motion for Extension of Time to File their opposition to Defendants Motion in View of Pending Reexamination of Patent-in-Suit.Court grants a seven-day extension of time to file their opposition to Defendants Motion in View of Pending Reexamination of Patent-in-Suit. Plaintiffs shall file their response on or before December 21, 2009. Signed by Judge T. John Ward on 12/15/09. (ehs, )
December 14, 2009 Filing 247 Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion in View of Pending Reexamination of Patent-in-Suit by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
December 11, 2009 Filing 246 Additional Attachments to Main Document: #245 MOTION for Leave to File Motion for Leave to Serve Supplemental Invalidity Contentions.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Dacus, Deron)
December 11, 2009 Filing 245 MOTION for Leave to File Motion for Leave to Serve Supplemental Invalidity Contentions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
December 11, 2009 Filing 244 SEALED MOTION to Compel Documents by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A Part 1 of 6, #2 Exhibit A Part 2 of 6, #3 Exhibit A Part 3 of 6, #4 Exhibit A Part 4 of 6, #5 Exhibit A Part 5 of 6, #6 Exhibit A Part 6 of 6, #7 Exhibit B, #8 Exhibit C Part 1 of 4, #9 Exhibit C Part 2 of 4, #10 Exhibit C Part 3 of 4, #11 Exhibit C Part 4 of 4, #12 Exhibit D Part 1 of 6, #13 Exhibit D Part 2 of 6, #14 Exhibit D Part 3 of 6, #15 Exhibit D Part 4 of 6, #16 Exhibit D Part 5 of 6, #17 Exhibit D Part 6 of 6, #18 Exhibit E, #19 Exhibit F, #20 Exhibit G, #21 Exhibit H, #22 Exhibit I, #23 Exhibit J, #24 Exhibit K, #25 Exhibit L, #26 Exhibit M, #27 Exhibit N, #28 Text of Proposed Order, #29 Westlaw case: 2M Asset Management v. Netmass, Inc., et al)(Dacus, Deron)
December 10, 2009 Opinion or Order Filing 242 ORDER - granting #203 Dfts Motion to Modify the Discovery Order. The discovery order is modified as follows herein. Signed by Judge T. John Ward on 12/10/09. (ch, )
December 9, 2009 Filing 243 Minute Entry for proceedings held before Judge T. John Ward: Motion Hearing held on 12/9/2009 re #203 Emergency SEALED MOTION to Modify the Discovery Order filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Court Reporter Susan Simmons.) (shd, )
December 8, 2009 Filing 241 SEALED PATENT ADDITIONAL ATTACHMENTS to Main Document: #240 Sealed Patent Document,. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31)(Smith, Melissa)
December 8, 2009 Filing 240 SEALED PATENT DOCUMENT (Plaintiffs Mallincrodt, Inc and Liebel-Flarsheim Co Claim Construction Brief for US Patent No. 5,868,710). (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)(Smith, Melissa) Modified on 12/8/2009 (sm, ).
December 8, 2009 ***FILED IN ERROR, WRONG EVENT USED, ATTY MUST REFILE USING CORRECT EVENT. Document # 238 and #239, Sealed Motion and Sealed Additional Attachments, Motion is now terminated. PLEASE IGNORE.*** (sm, )
December 7, 2009 Filing 239 ***PLEASE IGNORE, LINKED TO A DOCUMENT FILED IN ERROR****SEALED ADDITIONAL ATTACHMENTS to Main Document: #238 SEALED MOTION Re Claim Construction for U.S. Patent No. 5,868,710. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31)(Ruttenberg, Guy) Modified on 12/8/2009 (sm, ).
December 7, 2009 Filing 238 ***FILED IN ERROR, PLEASE IGNORE.***SEALED MOTION Re Claim Construction for U.S. Patent No. 5,868,710 by Mallinckrodt Inc., Liebel-Flarsheim Company. (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)(Ruttenberg, Guy) Modified on 12/8/2009 (sm, ).
December 7, 2009 Opinion or Order Filing 237 ORDER denying #173 Motion for Reconsideration. Dfts are granted leave to amend their pleadings with fourteen days to cure any deficiencies. Signed by Judge T. John Ward on 12/7/09. (ch, )
December 7, 2009 Opinion or Order Filing 236 ORDER granting #230 Motion for Extension of Time to File Response/Reply Defendants' Reply Brief shall be filed on or before December 16, 2009; and Plaintiffs Surreply Brief shall be filed on or before February 2, 2010. No further extensions of timewill be granted.. Signed by Judge T. John Ward on 12/7/09. (ch, )
December 7, 2009 Opinion or Order Filing 235 ORDER granting #224 Motion for Leave to File Excess Pages 3 pages for their Sur-Reply to Dft E-Z-EM Inc. and ACIST Medical Systems Inc Emergency Motion to Modify the Discovery Order. Signed by Judge T. John Ward on 12/7/09. (ch, )
December 7, 2009 Opinion or Order Filing 234 ORDER granting #220 Motion for Leave to File Excess Pages on Dft's Sur-Reply to Plaintiffs Motion for Reconsideration. Signed by Judge T. John Ward on 12/7/09. (ch, )
December 7, 2009 Opinion or Order Filing 233 ORDER granting #214 Motion for Leave to File Excess Pages on Dft's Reply Regarding Dft's Emergency Motion. Signed by Judge T. John Ward on 12/7/09. (ch, )
December 7, 2009 Opinion or Order Filing 232 ORDER granting #207 Motion for Leave to File Excess Pages by 3 pages. Signed by Judge T. John Ward on 12/7/09. (ch, )
December 7, 2009 Opinion or Order Filing 231 ORDER granting #219 Motion for Extension of Time to File. Plaintiffs deadline to responst to dft Motion in View of Pending Reexamination of Patent in Suit is 12/14/09. Signed by Judge T. John Ward on 12/7/09. (ch, )
December 4, 2009 Filing 230 Opposed MOTION for Extension of Time to File Response/Reply by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
December 4, 2009 Filing 229 NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company of Non-Opposition to Defendants' Motion for Leave to Exceed Page Limit (Smith, Melissa)
December 4, 2009 Filing 228 APPLICATION to Appear Pro Hac Vice by Attorney Allison Worthy Buchner for Mallinckrodt Inc. and Liebel-Flarsheim Company. (APPROVED FEE PAID) 2-1-5065 (ch, )
December 3, 2009 Filing 227 MOTION for Extension of Time to File Response/Reply as to #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
December 2, 2009 Filing 226 SEALED SURREPLY to Response to Motion re #203 Emergency SEALED MOTION to Modify the Discovery Order filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit Exhibit 36, #2 Exhibit Exhibit 37, #3 Exhibit Exhibit 38, #4 Exhibit Exhibit 39, #5 Exhibit Exhibit 40, #6 Exhibit Exhibit 41, #7 Exhibit Exhibit 42)(Ruttenberg, Guy)
December 2, 2009 Filing 225 NOTICE of Supplement to plaintiffs intrinsic and extrinsic evidence for claim construction briefing by Mallinckrodt Inc. (Attachments: #1 Exhibit)(Smith, Melissa) Modified on 12/3/2009 (sm, ).
December 2, 2009 Filing 224 Unopposed MOTION for Leave to File Excess Pages by Mallinckrodt Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
December 1, 2009 Filing 223 MOTION to Compel Defendants to Produce Documents Allegedly Covered by Defendants' Purported "Settlement Negotiations" Privilege by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Smith, Melissa)
November 30, 2009 Filing 222 APPLICATION to Appear Pro Hac Vice by Attorney Thomas Charles Richardson for Mallinckrodt Inc. and Liebel-Flarsheim Company. (APPROVED FEE PAID) 2-1-5059 (ch, )
November 30, 2009 Filing 221 SUR-REPLY to Reply to Response to Motion re #173 MOTION for Reconsideration of the Court's Denial of Plaintiff's Motion to Dismiss filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A)(Dacus, Deron)
November 30, 2009 Filing 220 Unopposed MOTION for Leave to File Excess Pages for Defendants' Sur-Reply to Plaintiffs' Motion for Reconsideration by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
November 30, 2009 Filing 219 Opposed MOTION for Extension of Time to File Opposition to Defendants' Motion in View of Pending Reexamination of Patent-in-Suit by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
November 30, 2009 Filing 218 NOTICE of Hearing on Motion Motion Hearing (Docket No. 203) set for 12/9/2009 10:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (bga, )
November 30, 2009 Opinion or Order Filing 217 ORDER granting #212 Motion for Extension of Time to File. Deadline extended to 11/30/09. Signed by Judge T. John Ward on 11/30/09. (ehs, )
November 25, 2009 Filing 216 SEALED ADDITIONAL ATTACHMENTS to Main Document: #215 Sealed Reply to Response to Motion,. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O)(Dacus, Deron)
November 25, 2009 Filing 215 SEALED REPLY to Response to Motion re #203 Emergency SEALED MOTION to Modify the Discovery Order filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G Part 1, #8 Exhibit G part 2, #9 Exhibit G part 3, #10 Exhibit G part 4)(Dacus, Deron)
November 25, 2009 Filing 214 MOTION for Leave to File Excess Pages on Defendants' Reply Regarding Defendants' Emergency Motion by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
November 24, 2009 Opinion or Order Filing 213 ORDER granting #206 Motion for Extension of Time to File Response/Reply re #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 Responses due by 12/4/2009. Signed by Judge T. John Ward on 11/24/09. (ch, )
November 24, 2009 Filing 212 Unopposed MOTION for Extension of Time to File Surreply to Pls' Motion for Reconsideration of the Court's Denial of Pls' Motion to Dismiss Defendants' Defense of Inequitable Conduct and Counterclaim of Unenforceability [Dkt. 173] by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
November 24, 2009 Filing 211 NOTICE of Non-Opposition by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #207 MOTION for Leave to File Excess Pages in Response to Defendants' Emergency Motion to Modify the Discovery Order Notice of Non-Opposition (Dacus, Deron) Modified on 11/24/2009 (sm, ).
November 23, 2009 Filing 210 SEALED ADDITIONAL ATTACHMENTS to Main Document: #208 Sealed Response to Motion. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Smith, Melissa)
November 23, 2009 Filing 209 SEALED ADDITIONAL ATTACHMENTS to Main Document: #208 Sealed Response to Motion. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Smith, Melissa)
November 23, 2009 Filing 208 SEALED RESPONSE to Motion re #203 Emergency SEALED MOTION to Modify the Discovery Order filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
November 23, 2009 Filing 207 MOTION for Leave to File Excess Pages in Response to Defendants' Emergency Motion to Modify the Discovery Order by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
November 20, 2009 Filing 206 Unopposed MOTION for Extension of Time to File Response/Reply as to #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
November 19, 2009 Opinion or Order Filing 205 ORDER - The Court hereby ORDERS Plaintiffs to file their opposition to Defendants Emergency Motion to Modify the Discovery Order [Dkt. No. 203] by 11/23/09 at 5:00p.m. Signed by Judge T. John Ward on 11/19/09. (ch, )
November 19, 2009 Opinion or Order Filing 204 ORDER granting #203 Motion Plaintiffs to file their opposition to Defendants Emergency Motion to Modify the Discovery Order [Dkt. No. 203] by Thursday, November 19, 2009 at 5:00 p.m. Signed by Judge T. John Ward on 11/19/09. (ehs, )
November 16, 2009 Filing 203 Emergency SEALED MOTION to Modify the Discovery Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Dacus, Deron)
November 16, 2009 Filing 202 SUR-REPLY to Reply to Response to Motion re #178 Opposed MOTION Defendants Motion to Preclude Plaintiffs from Relying on Some Prospective Declaration Either to Support Plaintifs' Proposed Claim Construction or to Oppose Defendants' filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Ruttenberg, Guy)
November 13, 2009 Opinion or Order Filing 201 ORDER granting #198 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 11/13/09. (ch, )
November 12, 2009 Filing 200 SEALED ADDITIONAL ATTACHMENTS to Main Document: #199 Reply to Response to Motion,. (Attachments: #1 Exhibit D)(Ruttenberg, Guy)
November 12, 2009 Filing 199 REPLY to Response to Motion re #173 MOTION for Reconsideration of the Court's Denial of Plaintiff's Motion to Dismiss filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit B, #2 Exhibit C)(Ruttenberg, Guy)
November 12, 2009 Filing 198 Unopposed MOTION for Leave to File Excess Pages re PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO THEIR MOTION FOR RECONSIDERATION OF THE COURTS DENIAL OF PLAINTIFFS MOTION TO DISMISS DEFENDANTS DEFENSE OF INEQUITABLE CONDUCT AND COUNTERCLAIM OF UNENFORCEABILITY by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
November 10, 2009 Filing 197 Additional Attachments to Main Document: #196 MOTION Motion in View of Pending Reexamination of Patent-in-Suit.. (Attachments: #1 caselaw - Constellation IPLLC v. The Allstate Corp., #2 caselaw - Echostar Technologies Corp. v. TIVO Inc. et al, #3 caselaw - Gioello Enterprises Ltd. v.Mattel, Inc., #4 caselaw - Jens Erik Sorensen v. The Black & Decker Corp. et al, #5 caselaw - Middleton, Inc. v. Minnesota Mining & Manufacturing Co., #6 caselaw - O2 Micro International Limited v. Beyond Innovation Technology Co. Ltd., #7 caselaw - Softview Computer Products Corp. et al v. Haworth, Inc., #8 caselaw - Spa Sysontronic AG v. Verifone Inc. et al, #9 caselaw - Sundance Inc. et al v. DeMonte Fabricating, Ltd. et al)(Dacus, Deron)
November 10, 2009 Filing 196 MOTION Motion in View of Pending Reexamination of Patent-in-Suit by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 caselaw- W. David Motson v. Frankln Cosey Co., #10 caselaw- Alza Corp. v. Wyeth & Wyeth, #11 caselaw- Bayer AG v. Novartis Crop Protection, Inc., #12 caselaw - Broadcast Innovation LLC et al v. Charter Communications, Inc.)(Dacus, Deron)
November 10, 2009 Opinion or Order Filing 195 ORDER granting #194 Motion for Extension of Time to File Reply to Plaintiffs Response to Defendants Motion for Summary Judgment of Non-Infringement [Dkt. 190]. Responses due by 11/23/2009. Signed by Judge T. John Ward on 11/10/09. (ehs, )
November 6, 2009 Filing 194 Unopposed MOTION for Extension of Time to File Response/Reply as to #190 Sealed Response to Motion,, Defendants' Unopposed Motion for Extension of Time to File Reply to Plaintiffs' Response to Defendants' Motion for Summary Judgment of Non-Infringement by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Stinson, Andrew)
November 4, 2009 Opinion or Order Filing 193 ORDER granting #191 Motion for Extension of Time to File Reply to Defendants Response in Opposition to Plaintiffs Motion for Reconsideration of the Courts Denial of Plaintiffs Motion to Dismiss Defendants Defense of Inequitable Conduct and Counterclaim of Unenforceability. Replies due by 11/11/2009. Signed by Judge T. John Ward on 11/4/09. (ehs, )
November 2, 2009 Filing 192 REPLY to Response to Motion re #178 Opposed MOTION Defendants Motion to Preclude Plaintiffs from Relying on Some Prospective Declaration Either to Support Plaintifs' Proposed Claim Construction or to Oppose Defendants' filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 case - Raytheon Company v. Brocade communications Systems, Inc. et al; No. 2:03-cv-13 - Order)(Dacus, Deron)
November 2, 2009 Filing 191 Unopposed MOTION for Extension of Time to File Response/Reply as to #183 Sealed Response to Motion,, by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
October 27, 2009 Filing 190 SEALED RESPONSE to Motion re #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Affidavit Thomas Richardson, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit 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 Affidavit Arthur J. Helmicki)(Ruttenberg, Guy)
October 26, 2009 Opinion or Order Filing 189 ORDER - Court denied pltinfiffs' request for leave to file summary judgment motion relating to deft's affirmative defenses. Plaintiffs request to file a motion for summary judgment that defendants laches claims are moot is denied because the affirmative defense of laches is relevant to injunctive relief and willful infringement, both of which Plaintiffs request here. Plaintiffs request to file a motion for summary judgment that Plaintiffs claims are not barred by estoppel is denied as premature. Discovery closes in April 2010, until which time Defendants are free to gather evidence that supports their estoppel defense. Signed by Judge T. John Ward on 10/26/09. (ehs, )
October 23, 2009 Opinion or Order Filing 188 ORDER granting #187 Motion for Extension of Time to File Response to Defendants Motion for Summary Judgment of Non-Infringement. Responses due by 10/27/2009. Signed by Judge T. John Ward on 10/23/09. (ehs, )
October 22, 2009 Filing 187 Unopposed MOTION for Extension of Time to File Response/Reply as to #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
October 22, 2009 Filing 186 RESPONSE in Opposition re #178 Opposed MOTION Defendants Motion to Preclude Plaintiffs from Relying on Some Prospective Declaration Either to Support Plaintifs' Proposed Claim Construction or to Oppose Defendants' filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Ruttenberg, Guy)
October 22, 2009 Opinion or Order Filing 185 ORDER granting #182 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 10/22/09. (ch, )
October 19, 2009 Filing 184 SEALED ADDITIONAL ATTACHMENTS to Main Document: #183 Sealed Response to Motion,,. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30, #11 Sky Technologies LLC v. SAP AG, et al, #12 Randolph v. Dimension Films et al, #13 J2 Global Communications, Inc. v. Protus IP Solutions, Inc. et al, #14 Adrain v. Genetec Inc. et al, #15 Software Rights Archive, LLC v. Google Inc. et al)(Dacus, Deron)
October 19, 2009 Filing 183 SEALED RESPONSE to Motion re #173 MOTION for Reconsideration of the Court's Denial of Plaintiff's Motion to Dismiss filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (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)(Dacus, Deron)
October 19, 2009 Filing 182 MOTION for Leave to File Excess Pages on Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Reconsideration by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
October 16, 2009 Filing 181 ***REPLACES # 180 ***NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #172 Notice (Other) Response Letter Brief to Dkt. 172 pursuant to Order entered April 30, 2009 (Attachments: #1 Response Letter Brief to Dkt. 172 pursuant to Order entered April 30, 2009)(Dacus, Deron) Modified on 10/16/2009 (ch, ).
October 16, 2009 ***FILED IN ERROR. FILED UNDER WRONG EVENT Document # 180, Brief. PLEASE IGNORE.*** (ch, )
October 15, 2009 Filing 180 ***FILED IN ERROR. FILED UNDER WRONG EVENT. PLEASE IGNORE.***BRIEF filed Response Letter Brief to Dkt. 172 pursuant to Order entered April 30, 2009 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Response Letter Brief to Judge Ward pursuant to Order entered April 30, 2009)(Dacus, Deron) Modified on 10/16/2009 (ch, ).
October 7, 2009 Filing 179 NOTICE of Attorney Appearance by Andrew William Stinson on behalf of ACIST Medical Systems, Inc., E-Z-EM, Inc. (Stinson, Andrew)
October 5, 2009 Filing 178 Opposed MOTION Defendants Motion to Preclude Plaintiffs from Relying on Some Prospective Declaration Either to Support Plaintifs' Proposed Claim Construction or to Oppose Defendants' by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Dacus, Deron)
October 5, 2009 NOTICE of DEFICIENCY regarding the #177 Motion to preclude submitted by ACIST Medical Systems, Inc., E-Z-EM, Inc.. No cert of conference included. Correction should be made by 1 business day and refiled. (sm, )
October 2, 2009 Filing 177 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***MOTION Defendants' Motion to Preclude Plaintiffs from Relying on Some Prospective Declaration Either to Support Plaintiffs' Proposed Claim Construction or to Oppose Defendants' by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Dacus, Deron) Modified on 10/5/2009 (sm, ).
October 2, 2009 Filing 176 SEALED PATENT ADDITIONAL ATTACHMENTS to Main Document:. (Attachments: #1 Exhibit A)(Smith, Melissa)
October 2, 2009 NOTICE of DEFICIENCY regarding the #174 Sealed Additional Attachments submitted No cert of authority to seal. Correction should be made by 1 business day and refiled. (sm, )
October 1, 2009 Filing 175 Plaintiffs ANSWER to #59 Answer to Amended Complaint, Counterclaim,, by Mallinckrodt Inc..(Smith, Melissa)
October 1, 2009 Filing 174 ***DEFICIENT DOCUMENT, PLEASE IGNORE.***SEALED ADDITIONAL ATTACHMENTS to Main Document: #173 MOTION for Reconsideration of the Court's Denial of Plaintiff's Motion to Dismiss. (Smith, Melissa) Modified on 10/2/2009 (sm, ).
October 1, 2009 Filing 173 MOTION for Reconsideration of the Court's Denial of Plaintiff's Motion to Dismiss by Tyco Healthcare Group LP. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
October 1, 2009 Filing 172 NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company Notice of Plaintiffs' Letter Brief Requesting to file a motion for sum jgm (Attachments: #1 Letter Brief)(Smith, Melissa) Modified on 10/2/2009 (sm, ).
September 30, 2009 Opinion or Order Filing 171 ORDER granting #170 Motion for Extension of Time to File Response to Defendants Motion for Summary Judgment of Non-Infringement. Responses due by 10/23/2009. Signed by Judge T. John Ward on 9/30/09. (ehs, )
September 29, 2009 Filing 170 Unopposed MOTION for Extension of Time to File Response/Reply as to #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
September 23, 2009 Opinion or Order Filing 169 ORDER authorizing any Consul or Vice Consul of the United States Consulate OSAKA-KOBE to take the Deposition of James E Knipfer. The deposition on notice of the following witness be taken at the United States Consulate in Osaka, Japan, and that documentary exhibits in connection therewith be marked: James E. Knipfer, 2-26-7 Nishi-Azobu, Minoto-ku, Tokyo, Japan, 106-0031, Nemoto Kyorindo Co., Ltd. Said deposition shall commence on or about October 5, 2009, at 9:00 am and terminate on or about October 6, 2009, at 5:00 pm. Signed by Judge T. John Ward on 9/23/09. (ehs, )
September 23, 2009 Filing 168 Unopposed MOTION Entry of Order Authorizing Any Consul or Vice Consul of the US Consulate Osaka-Kobe to take the Deposition of James E. Knipfer re #158 Order on Motion for Miscellaneous Relief by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
September 21, 2009 Filing 167 JOINT CLAIM CONSTRUCTION and PREHEARING STATEMENT filed by Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.(Attachments: #1 Exhibit A, #2 Exhibit B1, #3 Exhibit B2), #4 Exhibit C) (Ruttenberg, Guy)
September 18, 2009 Opinion or Order Filing 166 ORDER granting #164 Motion for Extension of Time to File Response to Defendants Motion for Summary Judgment of Non-Infringement. Responses due by 9/29/2009. Signed by Judge T. John Ward on 9/18/09. (ehs, )
September 17, 2009 Opinion or Order Filing 165 MEMORANDUM OPINION AND ORDER - having considered the parties arguments the court DENIES plaintiffs motion #67 to dismiss. Signed by Judge T. John Ward on 9/17/09. (ch, )
September 17, 2009 Filing 164 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment of Non-Infringement filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
September 10, 2009 Opinion or Order Filing 163 ORDER granting #161 Motion for Extension of Time to File Response to Defendants Motion for Summary Judgment of Non-Infringement. Responses due by 9/17/2009. Signed by Judge T. John Ward on 9/10/09. (ehs, )
September 8, 2009 Filing 162 Joint MOTION for Extension of Time to File /Comply with P.R. 4-3 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
September 4, 2009 Filing 161 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment of Non-Infringement by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
August 31, 2009 Filing 160 APPLICATION to Appear Pro Hac Vice by Attorney Lara A Holzman for ACIST Medical Systems, Inc. and E-Z-EM, Inc. (APPROVED FEE PAID) 6-1-19121. (ch, )
August 25, 2009 Opinion or Order Filing 159 ORDER granting #69 Motion for Summary Judgment Barring Plaintiffs Recovery of Indirect Infringement Damages Based on Injectors Sold Before June 20, 2007. Signed by Judge T. John Ward on 8/25/09. (ehs, )
August 21, 2009 Received DVD to be included as Exhibit 2 to Declaration of Bob Williams (Exhibit B) attached to Deft's E-Z-EM Inc and ACIST Medical Systems Inc's motion for summary judgment of non-infringement of US Patent No 5,868,710(in connection with the filing of Dkt Nos 156 and 157) (ehs, )
August 21, 2009 Opinion or Order Filing 158 ORDER granting #155 Motion Authorizing any Consul or Vice Consul of the United States Consulate Osaka-Kobe to Take Deposition of James E Knipfer. Signed by Judge T. John Ward on 8/21/09. (ch, )
August 20, 2009 Filing 157 Additional Attachments to Main Document: #156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710.. (Attachments: #1 Exhibit B - Williams Declaration, #2 Exhibit 1 to Williams Declaration, #3 Exhibit 2 to Williams Declaration, #4 Exhibit C - Yerkes Affidavit, #5 Exhibit 1 to Yerkes Affidavit, #6 Exhibit A to Exhibit 1 (Yerkes Expert Report) to Yerkes Affidavit, #7 Exhibit B to Exhibit 1 (Yerkes Expert Report) to Yerkes Affidavit)(Dacus, Deron)
August 20, 2009 Filing 156 MOTION for Summary Judgment of Non-Infringement of U.S. Patent No. 5,868,710 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Eklund Declaration, #3 Exhibit 1 to Eklund Declaration, #4 Exhibit 2 to Eklund Declaration, #5 Exhibit 3 to Eklund Declaration, #6 Exhibit 4 to Eklund Declaration, #7 Exhibit 5 to Eklund Declaration, #8 Exhibit 6 to Eklund Declaration, #9 Exhibit 7 to Eklund Declaration, #10 Exhibit 8 to Eklund Declaration, #11 Exhibit 9 to Eklund Declaration, #12 Exhibit 10 to Eklund Declaration, #13 Exhibit 11 to Eklund Declaration, #14 Exhibit 12 to Eklund Declaration)(Dacus, Deron)
August 20, 2009 Filing 155 Joint MOTION for Entry of Stipulated Order Authorizing Any Consul or Vice Consul of the United States Consulate Osaka-Kobe to Take the Deposition of James E. Knipfer by ACIST Medical Systems, Inc., Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
August 6, 2009 Opinion or Order Filing 154 ORDERED - that the following Docket Control Order governs this case. Markman Hearing set for 1/27/2010 09:00 AM before Judge T. John Ward., Motions due by 5/21/2010., Proposed Pretrial Order due by 5/21/2010., Jury Selection set for 6/7/2010 before Judge T. John Ward., Pretrial Conference set for 5/28/2010 09:30 AM before Judge T. John Ward. All other deadlines are set forth herein. Signed by Judge T. John Ward on 8/6/09. (ch, )
August 6, 2009 Filing 153 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/20/09 Motions Hearing before Judge T. John Ward. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/27/2009. Redacted Transcript Deadline set for 9/8/2009. Release of Transcript Restriction set for 11/4/2009. (lss, )
August 5, 2009 Filing 152 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Notice of Compliance with Court Order to Supplement Invalidity Contentions (Dacus, Deron)
August 5, 2009 Filing 151 ***REPLACES # 148 AND 150 *** MOTION to Amend/Correct Correction to Plaintiffs' Proposed Modifications to the Court's Docket Control Order by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy) Modified on 8/5/2009 (ch, ).
August 5, 2009 Filing 150 ***DEFICIENT DOCUMENT. WRONG EVENT PLEASE IGNORE.***MOTION - PLAINTIFFS' PROPOSED MODIFICATIONS TO THE COURT'S DOCKET CONTROL ORDER by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy) Modified on 8/5/2009 (ch, ).
August 5, 2009 NOTICE of Deficiency regarding the 150 submitted by Mallinckrodt Inc., Liebel-Flarsheim Company. Wrong Event. Correction should be made by 8/5/09 (ch, )
August 4, 2009 Filing 149 NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company Compliance with Court Order to Supplement Claim Constructions (Smith, Melissa)
August 4, 2009 Filing 148 ***DEFICIENT DOCUMENT, PLEASE IGNORE****MOTION - PLAINTIFFS' PROPOSED MODIFICATIONS TO THE COURT'S DOCKET CONTROL ORDER by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy) Modified on 8/4/2009 (sm, ).
August 4, 2009 Filing 147 MOTION Defendants' Proposed Amended Docket Control Order and Support Thereof Filed pursuant to Court's Order [Dkt. 143] and Minute Entry [Dkt. 144] by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order First Proposed Docket Control Order, #8 Text of Proposed Order Second Proposed Docket Control Order)(Dacus, Deron)
August 4, 2009 ***FILED IN ERROR by attorney. Document # 145, Notice. PLEASE IGNORE. Attorney to refile using correct docket event*** (ljw, )
August 4, 2009 ***FILED IN ERROR by Attorney. Document # 146, Notice. PLEASE IGNORE. Attorney to Refile using correct docket event*** (ljw, )
August 4, 2009 NOTICE of DEFICIENCY regarding the #148 Motion for proposed modifications submitted by Mallinckrodt Inc., Liebel-Flarsheim Company. No certificate of conference. Correction should be made by 1 business day and motion refiled, this motion is now terminated. (sm, )
August 3, 2009 Filing 146 PLEASE IGNORE, ATTORNEY TO REFILE USING CORRECT DOCKET EVENT "MOTION" NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company of PLAINTIFFS' PROPOSED MODIFICATIONS TO THE COURTS DOCKET CONTROL ORDER (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy) Modified on 8/4/2009 (ljw, ).
August 3, 2009 Filing 145 PLEASE IGNORE, ATTORNEY TO REFILE USING CORRECT DOCKET EVENT "MOTION" NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Defendant's Proposed Amended Docket Control Order and Support Thereof (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order First Proposed Amended DCO, #8 Text of Proposed Order Second Amended Proposed DCO)(Dacus, Deron) Modified on 8/4/2009 (ljw, ).
July 22, 2009 Opinion or Order Filing 143 ORDER - The Court held a hearing on these motions on July 20, 2009 and ruled on various issues raised in each of these motions. The Court issues this order to memorialize its rulings as set forth herein. Granting #40 Sealed Patent Motion; granting #46 Motion to Compel; granting #61 Motion for Leave to File; granting #65 Motion to Compel; finding as moot #96 Motion ; granting in part and denying in part #101 Motion to Strike ; granting in part and denying in part #101 Motion to Compel; denying #108 Sealed Motion; denying #130 Motion for Sanctions. Signed by Judge T. John Ward on 7/22/09. (ehs, )
July 20, 2009 Filing 144 Minute Entry for proceedings held before Judge T. John Ward: Motion Hearing held on 7/20/2009 re MOTION for Sanctions. (Court Reporter Susan Simmons.) (shd, )
July 20, 2009 Filing 142 APPLICATION to Appear Pro Hac Vice by Attorney Robert G Krupka for Mallinckrodt Inc., Liebel-Flarsheim Company, Mallinckrodt Inc., Liebel-Flarsheim Company, Mallinckrodt Inc., Liebel-Flarsheim Company, Mallinckrodt Inc. and Liebel-Flarsheim Company. (APPROVED, FEE PAID 2-1-4824) (ehs, )
July 17, 2009 Filing 141 PLAINTIFFS' SEALED SURREPLY to E-Z-EM, Inc. and ACIST Medical Systems, Inc.'s #108 SEALED MOTION For Sanctions for Plaintiffs Failure to Comply with the Court's Docket Control Order filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (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)(Ruttenberg, Guy)
July 17, 2009 Filing 140 SEALED RESPONSE by Mallinckrodt Inc., Liebel-Flarsheim Company to #130 Defendants' Emergency Supplement to Their Motion for Sanctions, filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (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)(Ruttenberg, Guy)
July 14, 2009 Opinion or Order Filing 139 ORDER granting #116 Motion for Extension of Time to File; granting #117 Motion for Extension of Time to File Response/Reply re: Dft's Motion for Sanctions. Plaintiffs are granted two business days to respond. Signed by Judge T. John Ward on 7/14/09. (ch, )
July 14, 2009 Opinion or Order Filing 138 ORDER granting #132 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 7/14/09. (ehs, )
July 14, 2009 Opinion or Order Filing 137 ORDER granting #127 Motion for Leave to File Emergency Supplement to E-Z-EM Inc. and ACIST Medical Systems Inc.s Motion for Sanctions for Plaintiffs Failure to Comply with the Courts Docket Control Order. Signed by Judge T. John Ward on 7/14/09. (ehs, )
July 14, 2009 Opinion or Order Filing 136 ORDER granting #124 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 7/14/09. (ehs, )
July 14, 2009 Opinion or Order Filing 135 ORDER granting #115 Motion for Leave to File Excess Pages. Signed by Judge T. John Ward on 7/14/09. (ehs, )
July 14, 2009 Opinion or Order Filing 134 ORDER granting #111 Motion for Leave to File Excess Pages on Defendants Reply to Plaintiffs Opposition to Defendants Motion and Memorandumin Support of a Rule 16 Conference. Signed by Judge T. John Ward on 7/14/09. (ehs, )
July 14, 2009 Opinion or Order Filing 133 ORDER Setting Hearing on Motion #108 SEALED MOTION For Sanctions for Plaintiffs Failure to Comply with the Court's Docket Control Order, #130 Supplemental MOTION for Sanction. Motion Hearing set for 7/20/2009 01:30 PM in Ctrm 106 (Marshall) before Judge T. John Ward. Plaintiffs response to the defendants emergency supplement is due by 12:00pm on July17, 2009. Signed by Judge T. John Ward on 7/14/09. (ehs, )
July 13, 2009 Filing 132 Unopposed MOTION for Leave to File Excess Pages for Defendants' Sur-Reply to Plaintiffs' Motion to (1) Strike Defendants' Invalidity Contentions and (2) Compel Defendants to Provide Supplemental Responses to Interrogatory Nos. 3-7 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
July 13, 2009 Filing 131 SUR-REPLY to Reply to Response to Motion re #101 MOTION to Strike Defendants' Invalidity Contentions MOTION to Compel Defendants to Provide Full Responses to Interrogatory Nos. 3, 4, 5, 6 and 7 filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dacus, Deron)
July 13, 2009 Filing 130 Supplemental MOTION for Sanctions [Dkt. 108] Emergency Supplement to E-Z-EM Inc. and ACIST Medical Systems Inc.'s Motion for Sanctions for Plaintiffs' Failure to Comply with the Court's Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(Dacus, Deron)
July 13, 2009 Filing 129 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of "Hotline" Conference held on 6/23/09 before Judge John D. Love. Court Reporter/Transcriber: Exceptional Reporting Services,Telephone number: (361) 949-2988. (20 pgs) NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2009. Redacted Transcript Deadline set for 8/13/2009. Release of Transcript Restriction set for 10/13/2009. (tja, )
July 13, 2009 ***FILED IN ERROR BY ATTORNEY. Document # 128, Notice. PLEASE IGNORE. ATTORNEY TO REFILE*** (ljw, )
July 10, 2009 Filing 128 FILED IN ERROR BY ATTORNEY, PLEASE IGNORE, ATTORNEY TO REFILE AS A SUPPLEMENTAL MOTION NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #108 SEALED MOTION For Sanctions for Plaintiffs Failure to Comply with the Court's Docket Control Order Defendant's Emergency Supplement to E-Z-EM Inc. and ACIST Medical Systems Inc.'s Motion for Sanctions for Plaintiffs Failure to Comply with the Court's Docket Control Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Dacus, Deron) Modified on 7/13/2009 (ljw, ).
July 10, 2009 Filing 127 MOTION for Leave to File Emergency Supplement to E-z-EM, Inc. and ACIST Medical Systems Inc.'s Motion for Sanctions for Plaintiffs' Failure to Comply with the Court's Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
July 9, 2009 Filing 126 MOTION for Leave to File Excess Pages for Defendants' Reply to Plaintiffs' Opposition to E-Z-EM, Inc. and ACIST Medical Systems, Inc.'s Motion for Sanctions for Plaintiffs' Failure to Comply with Court's Docket Control Order (DKT. 125) by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
July 9, 2009 Filing 125 SEALED REPLY to Response to Motion re #108 SEALED MOTION For Sanctions for Plaintiffs Failure to Comply with the Court's Docket Control Order filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Dacus, Deron)
July 2, 2009 Filing 124 MOTION for Leave to File Excess Pages by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
July 2, 2009 Filing 123 REPLY to Response to Motion re #101 MOTION to Strike Defendants' Invalidity Contentions MOTION to Compel Defendants to Provide Full Responses to Interrogatory Nos. 3, 4, 5, 6 and 7 filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P)(Ruttenberg, Guy)
June 29, 2009 Opinion or Order Filing 122 ORDER granting #121 Motion for Extension of Time to File Reply. Defendants Unopposed Motion for Extension of Time to File Reply to Plaintiffs Opposition to Defendants Motion for Sanctions for Plaintiffs Failure to Comply with the Courts Docket Control Order be extended from the current deadline of July 6, 2009 to and including July 9, 2009. Signed by Judge T. John Ward on 6/29/09. (ch, )
June 26, 2009 Filing 121 Unopposed MOTION for Extension of Time to File Reply to Plaintiffs' Opposition to Defendants' Motion for Sanctions for Plaintiffs' Failure to Comply with the Court's Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
June 26, 2009 Filing 120 APPLICATION to Appear Pro Hac Vice by Attorney Janice Ann Christensen for ACIST Medical Systems, Inc. and E-Z-EM, Inc. (APPROVED FEE PAID) 6-1-18429. (ch, )
June 24, 2009 Filing 119 SEALED RESPONSE to Motion re #108 SEALED MOTION For Sanctions for Plaintiffs Failure to Comply with the Court's Docket Control Order filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (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)(Ruttenberg, Guy)
June 24, 2009 Opinion or Order Filing 118 HOTLINE ORDER - Court overruled Defendants objection and found that there is no basis to prevent Mr. Ruttenberg from asking questions as he sees fit. To the extent that Defendants objects to Mr. Ruttenbergs questions as leading, Mr. Bennet may state those objections on the record pursuant to Local Rule CV-30. Signed by Magistrate Judge John D. Love on 6/24/09. (ehs, )
June 23, 2009 Minute Entry for proceedings held before Magistrate Judge John D. Love: Hotline Conference held on 6/23/2009. (Court Reporter M. Morris.) (mjm, )
June 22, 2009 Filing 117 Amended MOTION for Extension of Time to File Response/Reply DEFENDANTS MOTION FOR SANCTIONS by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
June 22, 2009 Filing 116 MOTION for Extension of Time to File Request for Extension of Time to Respond to Defendant's Motion for Sanctions by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
June 17, 2009 Filing 115 MOTION for Leave to File Excess Pages for Memorandum of Law in Opposition to Plaintiffs' Motion to Strike Defendants' INvalidity Contentions and Compel Defendants to Provide Supplemental Responses to Interrogatories Nos. 3-7 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
June 17, 2009 Filing 114 Additional Attachments to Main Document: #113 Response in Opposition to Motion,,.. (Attachments: #1 Exhibit 7 - part 1, #2 Exhibit 7 - part 2, #3 Exhibit 8, #4 Exhibit 9 - part 1, #5 Exhibit 9 - part 2, #6 Exhibit 10 - part 1, #7 Exhibit 10 - part 2, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15)(Dacus, Deron)
June 17, 2009 Filing 113 RESPONSE in Opposition re #101 MOTION to Strike Defendants' Invalidity Contentions MOTION to Compel Defendants to Provide Full Responses to Interrogatory Nos. 3, 4, 5, 6 and 7 Memorandum of Law in Opposition filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - part 1, #4 Exhibit 3 - part 2, #5 Exhibit 4, #6 Exhibit 5 - part 1, #7 Exhibit 5 part 2, #8 Exhibit 5 - part 3, #9 Exhibit 6 - part 1, #10 Exhibit 6 - part 2, #11 Exhibit 6 - part 3)(Dacus, Deron)
June 16, 2009 Filing 112 NOTICE by Mallinckrodt Inc., Liebel-Flarsheim Company Notice of Non-Opposition re #111 Motion for Leave to File excess Pages(Smith, Melissa) Modified on 6/17/2009 (ljw, ).
June 15, 2009 Filing 111 MOTION for Leave to File Excess Pages Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion and Memorandum in Support of a Rule 16 Conference by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
June 15, 2009 Filing 110 REPLY to Response to Motion re #96 MOTION and Memorandum in Support of a Rule 16 Conference filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Dacus, Deron)
June 5, 2009 Filing 109 SEALED RESPONSE to Motion re #96 MOTION and Memorandum in Support of a Rule 16 Conference filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Appendix 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Text of Proposed Order)(Ruttenberg, Guy)
June 4, 2009 Filing 108 SEALED MOTION For Sanctions for Plaintiffs Failure to Comply with the Court's Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (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 Westlaw Case Kamatani v. BenQ, #16 Westlaw Case Juniper Networks v. Toshiba, #17 Westlaw Case Laserdynamics v. ASUS, #18 Text of Proposed Order)(Dacus, Deron)
June 4, 2009 Opinion or Order Filing 107 ORDER granting #105 Motion for Extension of Time to File Response/Reply re #96 MOTION and Memorandum in Support of a Rule 16 Conference Responses due by 6/5/2009. Signed by Judge T. John Ward on 6/4/09. (ch, )
June 4, 2009 Filing 106 BRIEF filed Reply Letter Brief to Judge Ward pursuant to Order entered April 30, 2009 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Dacus, Deron)
June 4, 2009 NOTICE of Deficiency regarding the #104 Brief submitted by ACIST Medical Systems, Inc.. Not in proper pleading format, no cert of service, wrong event used. Correction should be made by 1 business day and refiled. Please ignore #104. (sm, )
June 3, 2009 Filing 105 Second MOTION for Extension of Time to File Response/Reply To Defendants' Motion and Memorandum in Support of Rule 16 Conference by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy)
June 3, 2009 Filing 104 ***FILED IN ERROR, PLEASE IGNORE.***BRIEF filed Reply Letter Brief to Judge Ward pursuant to April 30, 2009 Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Dacus, Deron) Modified on 6/4/2009 (sm, ).
June 3, 2009 Opinion or Order Filing 103 ORDER granting #99 Motion for Extension of Time to File to Respond to Defendants Motion and Memorandum in Support of a Rule 16 Conference. Responses due by 6/3/2009. Signed by Judge T. John Ward on 6/3/09. (ehs, )
June 3, 2009 Opinion or Order Filing 102 ORDER granting #100 Motion for Extension of Time to File Reply to Plaintiffs Opposition to Defendants Letter Brief to Court Regarding Filing Motion for Summary Judgment. Responses due by 6/3/2009. Signed by Judge T. John Ward on 6/3/09. (ehs, )
June 2, 2009 Filing 101 MOTION to Strike Defendants' Invalidity Contentions, MOTION to Compel Defendants to Provide Full Responses to Interrogatory Nos. 3, 4, 5, 6 and 7 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit A (Part 1 of 2), #2 Exhibit A (Part 2 of 2), #3 Exhibit B (Part 1 of 2), #4 Exhibit B (Part 2 of 2), #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Text of Proposed Order)(Ruttenberg, Guy)
June 1, 2009 Filing 100 Unopposed MOTION for Extension of Time to File Response/Reply as to #92 Brief by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
May 29, 2009 Filing 99 MOTION for Extension of Time to File Response/Reply by E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 20, 2009 Filing 98 RESPONSE to #92 Brief Answering Letter Brief in Opposition to Defendants' May 6, 2009 Opening Letter Brief by Mallinckrodt Inc., Liebel-Flarsheim Company. (Ruttenberg, Guy)
May 15, 2009 Filing 97 Additional Attachments to Main Document: #96 MOTION and Memorandum in Support of a Rule 16 Conference.. (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)(Dacus, Deron)
May 15, 2009 Filing 96 MOTION and Memorandum in Support of a Rule 16 Conference by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
May 8, 2009 Filing 95 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #94 Sealed Reply to Response to Motion, Certificate of Authorization of File Under Seal (Dacus, Deron)
May 7, 2009 Filing 94 SEALED REPLY to Response to Motion re #69 MOTION for Summary Judgment Barring Plaintiffs' Recovery of Indirect Infringement Damages Based on INjectors Sold Before June 20, 2007 filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dacus, Deron)
May 7, 2009 Filing 93 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. re #92 Brief Certificate of Service (Dacus, Deron)
May 6, 2009 Filing 92 BRIEF filed Letter Brief to Judge Ward pursuant to April 30, 2009 Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Dacus, Deron)
May 4, 2009 Filing 91 SUR-REPLY to Reply to Response to Motion re #65 MOTION to Compel Plaintiffs to Comply with the Local Patent Rules and the Court's Docket Control Order filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit F)(Ruttenberg, Guy)
May 4, 2009 Opinion or Order Filing 90 DISCOVERY HOTLINE ORDER - On May 4, 2009, the Court received a call on the Discovery hotline regarding the scope and scheduling of the production and inspection of documents in this matter. Plaintiffs shall produce the boxes identified by Defendants on Wednesday, May 6, 2009 at 9 a.m. at the facilities in Cincinnati identified by Plaintiffs. Any additional review of these boxes shall be conducted pursuant to the agreement of the parties. Signed by Magistrate Judge Don D. Bush on 5/4/2009. (baf, )
May 4, 2009 Minute Entry for proceedings held before Magistrate Judge Don D. Bush: Court received call on Discovery Hotline. Judge Bush conducted telephone conference with both parties regarding production and inspection of documents. Documents to be produced for inspection by May 6, 2009. Written order to follow.Telephone Conference held on 5/4/2009. (jrs)
April 30, 2009 Opinion or Order Filing 89 ORDER regarding motions to be submitted in recently filed patent cases. Proceedures for filing set forth herein. Signed by Judge T. John Ward on 4/30/09. (ehs, )
April 28, 2009 Filing 88 REPLY to Response to Motion re #67 MOTION to Dismiss Certain Counterclaims and to Strike Related Affirmative Defenses in Defendants E-Z-EM, Inc. and ACIST Medical Systems, Inc.'s Second Amended Answer filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Ruttenberg, Guy)
April 28, 2009 Opinion or Order Filing 87 ORDER granting #82 Motion for Extension of Time to respond to deft's motion for summary judgment. Signed by Judge T. John Ward on 4/28/09. (ehs, )
April 28, 2009 Opinion or Order Filing 86 ORDER granting #80 Motion for Extension of Time to File; granting #80 Motion for Extension of Time to File Reply to pltf's opposition to deft's motion to compel. Signed by Judge T. John Ward on 4/28/09. (ehs, )
April 28, 2009 Opinion or Order Filing 85 ORDER granting #79 Motion for Extension of Time to File Response to deft's motion for summary judgment. Responses due by 4/24/2008. Signed by Judge T. John Ward on 4/28/09. (ehs, )
April 27, 2009 Filing 84 RESPONSE in Opposition re #69 MOTION for Summary Judgment Barring Plaintiffs' Recovery of Indirect Infringement Damages Based on INjectors Sold Before June 20, 2007 filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit A)(Ruttenberg, Guy)
April 27, 2009 Filing 83 APPLICATION to Appear Pro Hac Vice by Attorney Robert E Hanlon for ACIST Medical Systems, Inc. and E-Z-EM, Inc.. (APPROVED FEE PAID) 6-1-17741(ch, )
April 24, 2009 Filing 82 Unopposed MOTION for Extension of Time to File a Response to Defendants' Motion for Summary Judgment Barring Plaintiffs' Recovery of Indirect Infringement Damages Based On Injectors Sold Before June 27, 2007 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 24, 2009 Filing 81 REPLY to Response to Motion re #65 MOTION to Compel Plaintiffs to Comply with the Local Patent Rules and the Court's Docket Control Order filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B- part 1, #3 Exhibit B - part 2, #4 Exhibit B - part 3, #5 Saffran v. Johnson & Johnson et al - Order dated 2-24-09, #6 Raytheon Company v. Brocade Communications et al - Order dated 11-21-03, #7 Westlaw case - The Massachusetts Institute of Technology et al v. Abacus Software et al, #8 Westlaw case - Ixys Corporation v. Advanced Power Technology, Inc., #9 Westlaw case - Forgent Networks Inc. v. Echostar Technologies Corporation, #10 Westlaw case - Hearing Components, Inc. v. Shure, Inc.)(Dacus, Deron)
April 17, 2009 Filing 80 Unopposed MOTION for for Leave to Exceed Page Limit, MOTION for Extension of Time to File Response/Reply as to #65 MOTION to Compel Plaintiffs to Comply with the Local Patent Rules and the Court's Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron) Modified on 4/17/2009 (sm, ).
April 17, 2009 Filing 79 Unopposed MOTION for Extension of Time to File Response/Reply as to #70 Additional Attachments to Main Document, #69 MOTION for Summary Judgment Barring Plaintiffs' Recovery of Indirect Infringement Damages Based on INjectors Sold Before June 20, 2007 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 17, 2009 Opinion or Order Filing 78 ORDER granting #73 Motion for Extension of Time to File Response. Plaintiffs Mallinckrodt, Inc. and Liebel-Flarsheim Co. be and hereby are, GRANTED an extension of time of 10 days after the Court issues a ruling on Plaintiffs Motion to Dismiss Certain Counterclaims and to Strike Related Affirmative Defenses, within which to answer or otherwise move or respond to Defendants Amended Counterclaims.. Signed by Judge T. John Ward on 4/17/09. (ehs, )
April 16, 2009 Filing 77 SEALED ADDITIONAL ATTACHMENTS to Main Document: #75 Sealed Response to Motion,. (Attachments: #1 Exhibit 16 - part 1, #2 Exhibit 16 part 2, #3 Exhibit 17, #4 Exhibit 18, #5 case - Garmin, Ltd. v. TomTom, Inc., #6 case - Golden Hour Data Systems, Inc. v. EMSCharts, Inc. et al)(Dacus, Deron)
April 16, 2009 Filing 76 SEALED ADDITIONAL ATTACHMENTS to Main Document: #75 Sealed Response to Motion,. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 14, #9 Exhibit 15)(Dacus, Deron)
April 16, 2009 Filing 75 SEALED RESPONSE to Motion re #67 MOTION to Dismiss Certain Counterclaims and to Strike Related Affirmative Defenses in Defendants E-Z-EM, Inc. and ACIST Medical Systems, Inc.'s Second Amended Answer filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Declaration of Philippe Bennett, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Dacus, Deron)
April 16, 2009 Filing 74 SUR-REPLY to Reply to Response to Motion re #61 MOTION for Leave to File a Supplemental Reply to Mallinckrodt Inc. and Liebel-Flarsheim Company's Opposition to Defendants' Motion to Compel Production of Documents from Plaintiffs filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Ruttenberg, Guy)
April 14, 2009 Filing 73 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Amended Counterclaims by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
April 7, 2009 Filing 72 RESPONSE in Opposition re #65 MOTION to Compel Plaintiffs to Comply with the Local Patent Rules and the Court's Docket Control Order filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ruttenberg, Guy)
April 6, 2009 Filing 71 REPLY to Response to Motion re #61 MOTION for Leave to File a Supplemental Reply to Mallinckrodt Inc. and Liebel-Flarsheim Company's Opposition to Defendants' Motion to Compel Production of Documents from Plaintiffs filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dacus, Deron)
April 2, 2009 Filing 70 Additional Attachments to Main Document: #69 MOTION for Summary Judgment Barring Plaintiffs' Recovery of Indirect Infringement Damages Based on INjectors Sold Before June 20, 2007.. (Attachments: #1 Exhibit D to Declaration, #2 Exhibit E to Declaration)(Dacus, Deron)
April 2, 2009 Filing 69 MOTION for Summary Judgment Barring Plaintiffs' Recovery of Indirect Infringement Damages Based on INjectors Sold Before June 20, 2007 by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Declaration of William H. Baker, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration)(Dacus, Deron) (Additional attachment(s) added on 4/3/2009: #6 Revised Proposed Order) (sm, ).
April 2, 2009 Filing 68 Additional Attachments to Main Document (Declaration included in main document): #67 MOTION to Dismiss Certain Counterclaims and to Strike Related Affirmative Defenses in Defendants E-Z-EM, Inc. and ACIST Medical Systems, Inc.'s Second Amended Answer.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ruttenberg, Guy) Modified on 4/2/2009 (sm, ).
April 1, 2009 Filing 67 MOTION to Dismiss Certain Counterclaims and to Strike Related Affirmative Defenses in Defendants E-Z-EM, Inc. and ACIST Medical Systems, Inc.'s Second Amended Answer by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Ruttenberg, Guy) (Additional attachment(s) added on 4/2/2009: #2 Revised Order) (sm, ).
March 25, 2009 Filing 66 RESPONSE in Opposition re #61 MOTION for Leave to File a Supplemental Reply to Mallinckrodt Inc. and Liebel-Flarsheim Company's Opposition to Defendants' Motion to Compel Production of Documents from Plaintiffs filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit I)(Ruttenberg, Guy)
March 23, 2009 Filing 65 MOTION to Compel Plaintiffs to Comply with the Local Patent Rules and the Court's Docket Control Order by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Case - ICU Medical, INc. v. Alaris Medical Systems, Inc., #5 Text of Proposed Order)(Dacus, Deron)
March 20, 2009 Filing 64 SUR-REPLY to Reply to Response to Motion re #46 MOTION to Compel Production of Documents from Plaintiffs filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Smith, Christopher)
March 20, 2009 NOTICE of DEFICIENCY regarding the #63 Surreply submitted by Mallinckrodt Inc.. Exceeds the page limit for filing a reply. Correction should be made by 1 business day and refiled or file a motion to exceed and refile this document. (sm, )
March 19, 2009 Filing 63 DEFICIENT DOCUMENT, PLEASE IGNORE.***SUR-REPLY to Reply to Response to Motion re #46 MOTION to Compel Production of Documents from Plaintiffs filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Ruttenberg, Guy) Modified on 3/20/2009 (sm, ).
March 19, 2009 Filing 62 REPLY to Response to Motion re #46 MOTION to Compel Production of Documents from Plaintiffs SUPPLEMENTAL REPLY filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Dacus, Deron)
March 19, 2009 Filing 61 MOTION for Leave to File a Supplemental Reply to Mallinckrodt Inc. and Liebel-Flarsheim Company's Opposition to Defendants' Motion to Compel Production of Documents from Plaintiffs by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
March 18, 2009 Filing 60 NOTICE of Disclosure by Mallinckrodt Inc., Liebel-Flarsheim Company Notice of Plaintiffs' Supplemental Damages Disclosures (Smith, Melissa)
March 16, 2009 Filing 59 Second Amended Answer, Affirmative Defenses, and Counterclaims ANSWER to #19 Amended Complaint, to Plaintiff's First Amended Complaint, COUNTERCLAIM against Mallinckrodt Inc., Liebel-Flarsheim Company by ACIST Medical Systems, Inc., E-Z-EM, Inc..(Dacus, Deron)
March 9, 2009 Filing 58 REPLY to Response to Motion re #46 MOTION to Compel Production of Documents from Plaintiffs filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit A)(Dacus, Deron)
March 6, 2009 Opinion or Order Filing 57 ORDER granting Deft's #55 Motion for Leave to supplement preliminary invalidity contentions. Signed by Judge T. John Ward on 3/6/09. (ehs, )
February 27, 2009 Filing 56 RESPONSE in Opposition re #46 MOTION to Compel Production of Documents from Plaintiffs filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit A, #2 Errata B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Smith, Christopher) (Additional attachment(s) added on 3/2/2009: #9 Cert of Service) (sm, ).
February 27, 2009 Filing 55 Unopposed MOTION for Leave to File Motion for Leave to Supplement Their Preliminary Invalidity Contentions by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Dacus, Deron)
February 25, 2009 Opinion or Order Filing 54 ORDER granting #52 Motion to Withdraw as Attorney. Attorney Brian G Arnold terminated as counsel for pltfs. Signed by Judge T. John Ward on 2/25/09. (ehs, )
February 25, 2009 Filing 53 APPLICATION to Appear Pro Hac Vice by Attorney Keren Ben-Shahar for ACIST Medical Systems, Inc. and E-Z-EM, Inc..(APPROVED, FEE PAID 6-1-17035) (ehs, )
February 24, 2009 Filing 52 Unopposed MOTION to Withdraw as Attorney by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
February 20, 2009 Filing 51 SEALED REPLY to Response to Motion re #40 SEALED PATENT MOTION Motion for Summary Judgment of Noncompliance filed by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dacus, Deron)
February 19, 2009 Filing 50 APPLICATION to Appear Pro Hac Vice by Attorney Guy Ruttenberg for Mallinckrodt Inc. and Liebel-Flarsheim Company. (APPROVED FEE PAID) 2-1-4508 (ch, ) (Additional attachment(s) added on 2/19/2009: #1 Receipt) (ch, ).
February 18, 2009 Opinion or Order Filing 49 ORDER granting #48 Motion for Extension of Time to File Response/Reply Responses due by 2/27/2009 Replies due by 3/9/2009.. Signed by Judge T. John Ward on 2/18/09. (ehs, )
February 13, 2009 Filing 48 Joint MOTION for Extension of Time to File Response/Reply as to #46 MOTION to Compel Production of Documents from Plaintiffs and Defendants' Reply Thereto by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order Order)(Dacus, Deron)
February 12, 2009 Filing 47 NOTICE OF NON OPPOSITION by Mallinckrodt Inc., Liebel-Flarsheim Company To #40 DEFENDANTS MOTION FOR SUMMARY JUDGMENT OF NONCOMPLIANCE (Smith, Christopher) Modified on 2/13/2009 (sm, ).
February 5, 2009 Filing 46 MOTION to Compel Production of Documents from Plaintiffs by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Case cited, #13 (2) Case cited)(Dacus, Deron)
January 28, 2009 Filing 45 SEALED PATENT ADDITIONAL ATTACHMENTS to Main Document: #40 SEALED PATENT MOTION Motion for Summary Judgment of Noncompliance. (Attachments: #1 Exhibit 23, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26, #5 Exhibit 27, #6 Exhibit 28, #7 Text of Proposed Order)(Dacus, Deron)
January 28, 2009 Filing 44 SEALED PATENT ADDITIONAL ATTACHMENTS to Main Document: #40 SEALED PATENT MOTION Motion for Summary Judgment of Noncompliance. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22)(Dacus, Deron)
January 28, 2009 Filing 43 SEALED PATENT ADDITIONAL ATTACHMENTS to Main Document: #40 SEALED PATENT MOTION Motion for Summary Judgment of Noncompliance. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16)(Dacus, Deron)
January 28, 2009 Filing 42 SEALED PATENT ADDITIONAL ATTACHMENTS to Main Document: #40 SEALED PATENT MOTION Motion for Summary Judgment of Noncompliance. (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12)(Dacus, Deron)
January 28, 2009 Filing 41 SEALED PATENT ADDITIONAL ATTACHMENTS to Main Document: #40 SEALED PATENT MOTION Motion for Summary Judgment of Noncompliance. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8)(Dacus, Deron)
January 28, 2009 Filing 40 SEALED PATENT MOTION Motion for Summary Judgment of Noncompliance by ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dacus, Deron)
December 11, 2008 Filing 39 NOTICE by ACIST Medical Systems, Inc., E-Z-EM, Inc. Notice of Submission of Privilege Log (Dacus, Deron)
August 28, 2008 Filing 38 NOTICE of Disclosure by ACIST Medical Systems, Inc., E-Z-EM, Inc. (Dacus, Deron)
July 28, 2008 Filing 37 RESPONSE to #34 Answer to Amended Complaint, Counterclaim Plaintiffs Mallinckrodt Inc. and Liebel-Flarsheim Company's Answer to Defendants E-Z-EM and ACIST's Amended Counterclaims by Mallinckrodt Inc., Liebel-Flarsheim Company. (Smith, Melissa)
July 1, 2008 Filing 36 NOTICE of Disclosure by Mallinckrodt Inc., Liebel-Flarsheim Company (Smith, Melissa)
July 1, 2008 Filing 35 NOTICE of Disclosure by ACIST Medical Systems, Inc., E-Z-EM, Inc. (Dacus, Deron)
June 26, 2008 Filing 34 First Amended ANSWER to #19 Amended Complaint, Affirmative Defenses, COUNTERCLAIM against Mallinckrodt Inc., Liebel-Flarsheim Company by ACIST Medical Systems, Inc., E-Z-EM, Inc..(Dacus, Deron)
June 26, 2008 Opinion or Order Filing 33 DOCKET CONTROL ORDER - Amended Pleadings due by 3/18/2009., Discovery due by 4/19/2010., Markman Hearing set for 1/27/2010 09:00 AM before Judge T. John Ward., Motions due by 5/21/2010., Proposed Pretrial Order due by 5/21/2010., Pretrial Conference set for 5/28/2010 01:30 PM before Judge T. John Ward. Jury Selection 6/7/2010. All other deadlines are set forth herein. Signed by Judge T. John Ward on 6/26/08. (ch, )
June 20, 2008 Opinion or Order Filing 32 DISCOVERY ORDER. Signed by Judge T. John Ward on 6/20/08. (ehs, )
June 12, 2008 Opinion or Order Filing 31 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL AND PRIVILEGED INFORMATION. Signed by Judge T. John Ward on 6/12/08. (ch, )
June 12, 2008 Opinion or Order Filing 30 ORDER granting #28 Motion to Join ACIST Medical Systems Inc as a deft. Signed by Judge T. John Ward on 6/12/08. (ehs, )
May 23, 2008 Filing 29 MOTION Joint Motion for Entry of Stipulated Protective Order Regarding Confidential and Privileged Information by ACIST Medical Systems, Inc., Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Attachments: #1 Exhibit A)(Smith, Melissa)
May 23, 2008 Filing 28 MOTION Motion to Join ACIST Medical Systems, Inc. as a Defendant Pursuant to Fed. R. Civ.P 25(c) by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
May 15, 2008 Filing 27 Joint MOTION Requesting Entry of Discovery Order and Docket Control Order by Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Dacus, Deron)
May 1, 2008 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 5/01/08. Counsel for the parties appeared and were asked if they consented to Judge Everingham. Depending on their answer, they were then given Markman and jury selection dates for the appropriate court. The parties are to meet and confer regarding a scheduling order and discovery order, and the parties have 14 days to submit the proposed orders. Court adjourned. (Court Reporter Susan Simmons.) (shd, )
May 1, 2008 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 5/1/08. Counsel for the parties appeared and were asked if they consented to Judge Everingham. Depending on their answer, they were then given Markman and jury selection dates for the appropriate court. The parties are to meet and confer regarding a scheduling order and discovery order, and the parties have 14 days to submit the proposed orders. Court adjourned. (Court Reporter Susan Simmons.)(delat)
April 30, 2008 Filing 26 CORPORATE DISCLOSURE STATEMENT filed by E-Z-EM, Inc. identifying Bracco Diagnostics, Inc. as Corporate Parent. (Dacus, Deron)
April 11, 2008 Opinion or Order Filing 25 ORDER - This case is set for a Status Conference on May 1, 2008. In keeping with the Court's recent practice, the Court intends to give the parties an opportunity, following the conference, to reach agreements on the Docket Control Order and Discovery Order without having to return for an additional conference with the Court. Accordingly, the Court orders that disclosures under P. R. 3-1 and P. R. 3-2 are due on Friday, May 16, 2008. Signed by Judge T. John Ward on 4/11/08. (ehs, )
April 8, 2008 Filing 24 NOTICE of Attorney Appearance by Deron R Dacus on behalf of E-Z-EM, Inc. (Dacus, Deron)
April 3, 2008 Opinion or Order Filing 23 ORDER - Status Conference set for 5/1/2008 09:15 AM before Judge T. John Ward, and Judge Chad Everingham. Signed by Judge T. John Ward on 4/3/08. (ch, )
October 15, 2007 Filing 22 ANSWER to Counterclaim Plaintiffs Mallinckrodt Inc. and Liebel-Flarsheim Company's Answer to E-Z-EM's Counterclaim by Mallinckrodt Inc., Liebel-Flarsheim Company.(Smith, Melissa)
October 1, 2007 Filing 21 ANSWER to Amended Complaint (including Affirmative Defenses), COUNTERCLAIM against Mallinckrodt Inc., Liebel-Flarsheim Company, Liebel-Flarsheim Company by E-Z-EM, Inc., E-Z-EM, Inc..(Crawford, Herschel)
September 19, 2007 Opinion or Order Filing 20 ORDER granting #18 Motion to Dismiss pltf Tyco Healthcare Group LP with prejudice. Each party to bear its' own attorneys' fees, costs of court. Signed by Judge T. John Ward on 9/19/07. (ehs, )
September 18, 2007 Filing 19 AMENDED COMPLAINT Plaintiffs Mallinckrodt Inc. and Liebel-Flarsheim Company's First Amended Complaint for Patent Infringement against E-Z-EM, Inc., filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit 1)(Smith, Melissa)
September 18, 2007 Filing 18 MOTION to Dismiss Agreed Motion to Dismiss Tyco Healthcare Group LP With Prejudice by Tyco Healthcare Group LP, Mallinckrodt Inc., Liebel-Flarsheim Company, E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa)
September 18, 2007 Opinion or Order Filing 17 ORDER - granting #16 Motion regarding Dft's Motion to Dismiss and Regarding Amended Pleadings. Signed by Judge T. John Ward on 9/18/07. (ch, )
September 14, 2007 Filing 16 STIPULATION and Motion Regarding Defendants Motion to Dismiss and Regarding Amended Pleadings by Tyco Healthcare Group LP, Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit A#2 Exhibit B - Patent to Exhibit A#3 Text of Proposed Order)(Smith, Melissa)
September 5, 2007 Filing 15 NOTICE of Attorney Appearance by Brian G Arnold on behalf of all plaintiffs (Arnold, Brian)
August 30, 2007 Filing 14 MOTION to Dismiss (Tyco Healthcare Group LP and Mallinckrodt Inc. as Party-Plaintiffs and Memorandum of Law in Support Thereof) by E-Z-EM, Inc.. (Attachments: #1 Exhibit A-USPTO Patent Assignment Abstract of Title#2 Text of Proposed Order (Dismissing Tyco and Mallinckrodt as Party-Plaintiffs))(Crawford, Herschel)
August 30, 2007 Filing 13 ANSWER to Complaint with Jury Demand (To Liebel-Flarsheim Company's Complaint for Patent), COUNTERCLAIM against Liebel-Flarsheim Company by E-Z-EM, Inc..(Crawford, Herschel)
July 26, 2007 Filing 12 APPLICATION to Appear Pro Hac Vice by Attorney David J Eklund for E-Z-EM, Inc. (APPROVED) (FEE PAID) 6-1-10471 (ch, )
July 26, 2007 Filing 11 APPLICATION to Appear Pro Hac Vice by Attorney Philippe Bennett for E-Z-EM, Inc. (APPROVED)(FEE PAID) 6-1-10470 (ch, )
July 26, 2007 Filing 10 APPLICATION to Appear Pro Hac Vice by Attorney William H Baker for E-Z-EM, Inc.( APPROVED) (FEE PAID) 6-1-10472 (ch, )
July 18, 2007 Answer Due Deadline Updated for E-Z-EM, Inc. to 8/30/2007. (ehs, )
July 17, 2007 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time to Answer. Deadline for deft E-A-EM is extended to 8/30/07 . Signed by Judge T. John Ward on 7/17/07. (ehs, )
July 13, 2007 Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, by E-Z-EM, Inc.. (Attachments: #1 Text of Proposed Order Granting E-Z-EM, Inc.'s Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint)(Crawford, Herschel)
July 2, 2007 Filing 7 APPLICATION to Appear Pro Hac Vice by Attorney Christopher C Smith for Tyco Healthcare Group LP and Mallinckrodt Inc. (APPROVED) (FEE PAID) 2-1-2727. (ch, )
July 2, 2007 Filing 6 APPLICATION to Appear Pro Hac Vice by Attorney Christopher C Smith for Tyco Healthcare Group LP and Mallinckrodt Inc. (RECEIPT 2-1-2727). (rml, )
June 27, 2007 Filing 5 E-GOV SEALED SUMMONS Returned Executed by Tyco Healthcare Group LP, Mallinckrodt Inc., Liebel-Flarsheim Company. E-Z-EM, Inc. served on 6/26/2007, answer due 7/16/2007. (ehs, )
June 25, 2007 Filing 4 E-GOV SEALED SUMMONS Issued as to E-Z-EM, Inc.. (ch, )
June 20, 2007 Filing 3 Form mailed to Commissioner of Patents and Trademarks. (ch, )
June 20, 2007 Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Tyco Healthcare Group LP, Mallinckrodt Inc., Liebel-Flarsheim Company identifying Affiliates of Tyco International, Ltd as Corporate Parent. (ch, )
June 20, 2007 Filing 1 ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT WITH JURY TRIAL DEMANDED against E-Z-EM, Inc. (Filing fee $ 350.) , filed by Tyco Healthcare Group LP, Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: #1 Exhibit 1#2 Civil Cover Sheet)(ch, )
June 20, 2007 Filing fee: $ 350.00, receipt number 2-1-2688 (ch, )

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Search for this case: Tyco Healthcare Group LP et al v. E-Z-EM, Inc.
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Plaintiff: Tyco Healthcare Group LP
Represented By: Melissa Richards Smith
Represented By: Christopher C Smith
Represented By: Brian G Arnold
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Plaintiff: Liebel-Flarsheim Company
Represented By: Melissa Richards Smith
Represented By: Allison Worthy Buchner
Represented By: Thomas Charles Richardson
Represented By: Christopher C Smith
Represented By: Young J Park
Represented By: Laura M Burson
Represented By: Guy Ruttenberg
Represented By: Christopher M Lawless
Represented By: Brian G Arnold
Represented By: Robert G Krupka
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Plaintiff: Mallinckrodt Inc.
Represented By: Melissa Richards Smith
Represented By: Allison Worthy Buchner
Represented By: Thomas Charles Richardson
Represented By: Christopher C Smith
Represented By: Young J Park
Represented By: Laura M Burson
Represented By: Guy Ruttenberg
Represented By: Christopher M Lawless
Represented By: Brian G Arnold
Represented By: Robert G Krupka
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Petitioner: Bracco Diagnostics Inc.'s
Represented By: Michael Ernest Richardson
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Defendant: ACIST Medical Systems, Inc.
Represented By: Janice Ann Christensen
Represented By: Andrew William Stinson
Represented By: Bruce J Rose
Represented By: Lara A Holzman
Represented By: Deron R Dacus
Represented By: Keren Ben-Shahar
Represented By: Frank G Smith, III
Represented By: Robert E Hanlon
Represented By: Christopher Louis McArdle
Represented By: Srilakshmi Madhavi Ravi
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Defendant: E-Z-EM, Inc.
Represented By: Janice Ann Christensen
Represented By: David J Eklund
Represented By: William Harris Baker
Represented By: Melissa Richards Smith
Represented By: Andrew William Stinson
Represented By: Bruce J Rose
Represented By: Lara A Holzman
Represented By: Deron R Dacus
Represented By: Herschel Tracy Crawford
Represented By: Philippe Bennett
Represented By: Keren Ben-Shahar
Represented By: Frank G Smith, III
Represented By: Robert E Hanlon
Represented By: Christopher Louis McArdle
Represented By: Srilakshmi Madhavi Ravi
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Not classified by court: Robert W Faulkner
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