Innovative Automation v. Memorial Hermann Healthcare System et al
| Innovative Automation LLC |
| Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corporation, Electric Picture Company, Inc., Summation Technology, LLC and Codonics Inc. |
| 6:2011cv00445 |
| August 30, 2011 |
| US District Court for the Eastern District of Texas |
| Tyler Office |
| Anderson |
| Leonard Davis |
| John D Love |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2012. A more recent docket listing may be available from PACER.
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Filing 53
ORDER DISMISSING CASE. All claims and counterclaims between Plaintiff, andDefendants Rimage Corporation, Memorial Hermann Hospital System and Memorial Hermann Healthcare System, Electric Picture Company, Inc., Summation Technology, LLC, U.S. Digital Media, Inc., and CustomCD, Inc. are dismissed with prejudice. Each party will bear its own attys' fees, legal expenses, and costs of court incurred in connection with this litigation. Signed by Judge Leonard Davis on 11/16/12. cc:attys 11-19-12(mll, )
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Filing 52
MEMORANDUM OPINION AND ORDER granting #21 Motion to Consolidate Cases; denying #29 Motion to Dismiss; denying #29 Motion to Change Venue to the Northern District of California; denying #29 Motion to Sever; denying #29 Motion to Stay. This cause is CONSOLIDATED with civil action 6:11cv234 for all purposes. Case 6:11cv234 is designated as the Lead Case. Parties shall submit an amended docket control order no later than 6-13-2012. Signed by Magistrate Judge John D. Love on 05/30/12. cc:attys 5-31-12 (mll, )
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| This cause is CONSOLIDATED with civil action 6:11cv234 designated as the Lead Case. All future pleadings should be filed in the Lead Case. (mll, ) |
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Filing 51
ORDER granting #32 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge John D. Love on 04/24/12. cc:attys 4-24-12 (mll, )
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Filing 50
ORDER granting #49 Stipulation of Dismissal filed by Codonics Inc., Innovative Automation LLC. The Court hereby dismisses, with prejudice, INNOVATIVE AUTOMATION LLCs claims against CODONICS, INC., and CODONICS, INC.s counterclaims against INNOVATIVE AUTOMATION, LLC. Signed by Judge Leonard Davis on 02/02/12. cc:attys 2-02-12(mll, )
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| Filing 49 STIPULATION of Dismissal With Prejudice by Codonics Inc., Innovative Automation LLC. (Attachments: #1 Text of Proposed Order)(Kennedy, Todd) |
| NOTICE of Deficiency regarding the #48 Stipulation of Dismissal submitted by Innovative Automation LLC. Document does not contain a Certificate of Service. Correction should be made by one business day. (mjc, ) |
| Filing 48 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***STIPULATION of Dismissal with Prejudice by Codonics Inc., Innovative Automation LLC. (Attachments: #1 Text of Proposed Order)(Kennedy, Todd) Modified on 1/25/2012 (mjc, ). |
| Filing 47 NOTICE of Attorney Appearance by Christina J Moser on behalf of Codonics Inc. (Moser, Christina) |
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Filing 46
ORDER granting #44 Motion for Leave to File Sealed Document. Signed by Magistrate Judge John D. Love on 01/06/12. cc:attys 1-06-12 (mll, )
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| Filing 45 Sealed Notice of Supplemental Facts Regarding the Rimage Defendants' Motion to Sever Claims, Transfer Venue to the Northern District of California, and Stay or Dismiss Claims Against the Memorial Hermann Defendants (Dkt. No. 29) (Attachments: #1 Affidavit of Todd Kennedy, #2 Exhibit A)(Kennedy, Todd) |
| NOTICE of Deficiency regarding the #43 Sealed Notice submitted by Innovative Automation LLC. Document does not contain Certificate of Authorization to File Under Seal. Correction should be made by one business day. (mjc, ) |
| Filing 44 Unopposed MOTION for Leave to File Supplemental Notice of Facts Under Seal by Innovative Automation LLC. (Attachments: #1 Text of Proposed Order)(Kennedy, Todd) |
| Filing 43 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***Sealed Notice of Supplemental Facts Regarding the Rimage Defendants' Motion to Sever Claims, Transfer Venue to the Northern District of California, and Stay or Dismiss Claims Against the Memorial Hermann Defendants (Dkt. No. 29) (Attachments: #1 Affidavit of Todd Kennedy, #2 Exhibit A)(Kennedy, Todd) Modified on 1/5/2012 (mjc, ). |
| Filing 42 Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 12/7/2011 re #29 MOTION to Dismiss Claims Against the Memorial Hermann Defendants MOTION to Change Venue to the Northern District of California re Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Sever Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Stay Claims Against the Memorial Hermann Defendants filed by Memorial Hermann Healthcare System, Rimage Corporation, Summation Technology, LLC, Memorial Hermann Hospital System, Electric Picture Company, Inc. (Court Reporter Shelly Holmes.) (Attachments: #1 Attorney Sign-In Sheet) (mjm, ) |
| Filing 41 ANSWER to #33 Answer to Complaint, Counterclaim of Codonics Inc. by Innovative Automation LLC.(Kennedy, Todd) |
| Filing 40 SUR-REPLY to Reply to Response to Motion re #29 MOTION to Dismiss Claims Against the Memorial Hermann Defendants MOTION to Change Venue to the Northern District of California re Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Sever Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Stay Claims Against the Memorial Hermann Defendants filed by Innovative Automation LLC. (Attachments: #1 Affidavit of Todd Kennedy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Kennedy, Todd) |
| Filing 39 REPLY to Response to Motion re #29 MOTION to Dismiss Claims Against the Memorial Hermann Defendants MOTION to Change Venue to the Northern District of California re Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Sever Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Stay Claims Against the Memorial Hermann Defendants filed by Electric Picture Company, Inc., Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corporation, Summation Technology, LLC. (Attachments: #1 Affidavit Declaration of H. Craig Hall, Jr. in Support of Defendants' Reply Brief to Plaintiff's Opposition to the Motion to Sever Claims, Transfer Venue and Stay or Dismiss Claims, #2 Exhibit A- Complaint for Declaratory Judgment filed in the Northern District of California by Rimage Corporation; Rimage Corporation v. Innovative Automation, CV11-04224 (N.D. Cal.), #3 Exhibit B- Answer and Counterclaims filed by Innovative Automation; Rimage Corporation v. Innovative Automation, CV11-04224 (N.D. Cal.), #4 Exhibit C- Letter from counsel for CustomCD, Inc. to counsel for Rimage Corporation)(Hall, H.) |
| Filing 38 NOTICE by Innovative Automation LLC of Readiness for Scheduling Conference (Kennedy, Todd) |
| Filing 37 APPLICATION to Appear Pro Hac Vice by Attorney Charles J Veverka for Electric Picture Company, Inc., Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corporation, Summation Technology, LLC. (mll, ) |
| Filing 36 REPLY to Response to Motion re #21 Opposed MOTION to Consolidate Cases filed by Innovative Automation LLC. (Kennedy, Todd) |
| Filing 35 RESPONSE in Opposition re #29 MOTION to Dismiss Claims Against the Memorial Hermann Defendants MOTION to Change Venue to the Northern District of California re Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Sever Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Stay Claims Against the Memorial Hermann Defendants filed by Innovative Automation LLC. (Attachments: #1 Affidavit of Todd Kennedy, #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 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Affidavit of Gil Lee, #18 Text of Proposed Order)(Kennedy, Todd) |
| Filing 34 CORPORATE DISCLOSURE STATEMENT filed by Codonics Inc. (Phillips, James) |
| Filing 33 ANSWER to #1 Complaint,, COUNTERCLAIM against All Plaintiffs by Codonics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Phillips, James) |
| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Motion to Consolidate by Innovative Automation LLC. (Attachments: #1 Text of Proposed Order)(Kennedy, Todd) |
| NOTICE of Hearing on Motion #29 MOTION to Dismiss Claims Against the Memorial Hermann Defendants MOTION to Change Venue to the Northern District of California re Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Sever Claims Against Rimage Corporation, Electric Picture Company and Summation Technology MOTION to Stay Claims Against the Memorial Hermann Defendants, #21 Opposed MOTION to Consolidate Cases: Motion Hearing set for 12/7/2011 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. (srg, ) |
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Filing 31
ORDER REFERRING CASE to Magistrate Judge John D. Love to conduct pretrial proceedidngs. Signed by Judge Leonard Davis on 11/03/11. cc:attys 11-03-11(mll, )
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| Filing 30 ***NOTICE OF DOCKET CORRECTION. ATTACHED CERTIFICATE OF SERVICE TO Document #28 Affidavit. PLEASE NOTE.*** (mjc, ) |
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Filing 29
MOTION to Dismiss Claims Against the Memorial Hermann Defendants, MOTION to Change Venue to the Northern District of California re Claims Against Rimage Corporation, Electric Picture Company and Summation Technology, MOTION to Sever Claims Against Rimage Corporation, Electric Picture Company and Summation Technology, MOTION to Stay Claims Against the Memorial Hermann Defendants by Electric Picture Company, Inc., Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corporation, Summation Technology, LLC. (Attachments: #1 Affidavit Declaration of H. Craig Hall, Jr., #2 Exhibit A- List of cases filed by Innovative Automation LLC involving the '362 Patent, #3 Exhibit B- Declaration of Jim Stewart, #4 Exhibit C- Declaration of Renee Reimer, #5 Exhibit D- Declaration of Steve Roche, #6 Exhibit E- Declaration of Jon Krainock, #7 Exhibit F- Declaratory Judgment action filed by Rimage Corporation in the Northern District of California on August 26, 2011, case number CV11-04224, #8 Exhibit G- Order Requiring Parties to File Administrative Motions signed by Magistrate Judge Howard R. Lloyd (Northern District of California) dated October 4, 2011, #9 Exhibit H- Order Regarding Administrative Motion to Relate Cases Pursuant to Local Rules 3-12 and 7-11 signed by Judge Lucy H. Koh (Northern District of California) dated October 19, 2011, #10 Exhibit I- Order Referring Cases for Reassignment to the Honorable Magistrate Judge Howard R. Lloyd signed by Judge Lucy H. Koh (Northern District of California) dated October 24, 2011, #11 Exhibit J- DisCopyLabs indemnification letter dated October 27, 2011, #12 Text of Proposed Order)(Hall, H.)
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Filing 28
AFFIDAVIT in Opposition re #21 Opposed MOTION to Consolidate Cases filed by Electric Picture Company, Inc., Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corporation, Summation Technology, LLC. (Attachments: #1 Exhibit A- List of cases filed by Innovative Automation LLC involving the '362 Patent, #2 Exhibit B- Declaration of Jim Stewart, #3 Exhibit C- Declaration of Renee Reimer, #4 Exhibit D- Declaration of Steve Roche, #5 Exhibit E- Declaration of Jon Krainock, #6 Exhibit F- Declaratory Judgment action filed by Rimage Corporation in the Northern District of California on August 26, 2011, case number CV11-04224, #7 Exhibit G- Order Requiring Parties to File Administrative Motions signed by Magistrate Judge Howard R. Lloyd (Northern District of California) dated October 4, 2011, #8 Exhibit H- Order Regarding Administrative Motion to Relate Cases Pursuant to Local Rules 3-12 and 7-11 signed by Judge Lucy H. Koh (Northern District of California) dated October 19, 2011, #9 Exhibit I- Order Referring Cases for Reassignment to the Honorable Magistrate Judge Howard R. Lloyd signed by Judge Lucy H. Koh (Northern District of California) dated October 24, 2011, #10 Exhibit J- DisCopyLabs indemnification letter dated October 27, 2011)(Hall, H.) (Additional attachment(s) added on 11/2/2011: #11 Certificate of Service) (mjc, ).
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| Filing 27 RESPONSE in Opposition re #21 Opposed MOTION to Consolidate Cases filed by Electric Picture Company, Inc., Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corporation, Summation Technology, LLC. (Attachments: #1 Text of Proposed Order)(Hall, H.) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint #26 is granted pursuant to Local Rule CV-12 for Codonics Inc. to 11/10/2011. 10 Days Granted for Deadline Extension.( mll, ) |
| Filing 26 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Codonics Inc..( Phillips, James) |
| Filing 25 ANSWER to #12 Answer to Complaint, Counterclaim of Rimage Corporation by Innovative Automation LLC.(Kennedy, Todd) |
| Filing 24 ANSWER to #14 Answer to Complaint, Counterclaim of Summation Technology LLC by Innovative Automation LLC.(Kennedy, Todd) |
| Filing 23 ANSWER to #13 Answer to Complaint, Counterclaim of Electric Picture Company, Inc. by Innovative Automation LLC.(Kennedy, Todd) |
| Filing 22 ANSWER to #11 Answer to Complaint, Counterclaim of Memorial Hermann Healthcare System and Memorial Hermann Hospital System by Innovative Automation LLC.(Kennedy, Todd) |
| Filing 21 Opposed MOTION to Consolidate Cases by Innovative Automation LLC. (Attachments: #1 Affidavit of Todd Kennedy, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Kennedy, Todd) |
| Filing 20 APPLICATION to Appear Pro Hac Vice by Attorney Adam Gutride for Innovative Automation LLC (mll, ) |
| Filing 19 APPLICATION to Appear Pro Hac Vice by Attorney Seth A Safier for Innovative Automation LLC (mll, ) |
| Filing 18 APPLICATION to Appear Pro Hac Vice by Attorney Todd M Kennedy for Innovative Automation LLC,Todd M Kennedy for Innovative Automation LLC,Todd M Kennedy for Innovative Automation LLC,Todd M Kennedy for Innovative Automation LLC,Todd M Kennedy for Innovative Automation LLC. (APPROVED, FEE PAID 6-5282) (ehs, ) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT filed by Summation Technology, LLC (Hall, H.) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Rimage Corporation identifying Other Affiliate Royce & Associates, LLC, Other Affiliate Fidelity Management & Research Company for Rimage Corporation, Rimage Corporation. (Hall, H.) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Electric Picture Company, Inc. (Hall, H.) |
| Filing 14 ANSWER to #1 Complaint,, COUNTERCLAIM against Innovative Automation LLC by Summation Technology, LLC.(Hall, H.) |
| Filing 13 ANSWER to #1 Complaint,, COUNTERCLAIM against Innovative Automation LLC by Electric Picture Company, Inc..(Hall, H.) |
| Filing 12 ANSWER to #1 Complaint,, COUNTERCLAIM against Innovative Automation LLC by Rimage Corporation.(Hall, H.) |
| Filing 11 ANSWER to #1 Complaint,, COUNTERCLAIM against Innovative Automation LLC by Memorial Hermann Healthcare System, Memorial Hermann Hospital System.(Hall, H.) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Memorial Hermann Healthcare System, Memorial Hermann Hospital System identifying Corporate Parent Memorial Hermann Healthcare System for Memorial Hermann Hospital System. (Hall, H.) |
| Filing 9 NOTICE of Attorney Appearance by H. Craig Hall on behalf of Memorial Hermann Healthcare System, Memorial Hermann Hospital System (Hall, H.) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint #5 is granted pursuant to Local Rule CV-12 for Electric Picture Company, Inc. to 10/6/2011. 14 Days Granted for Deadline Extension.( mll, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint #6 is granted pursuant to Local Rule CV-12 for Summation Technology, LLC to 10/6/2011. 14 Days Granted for Deadline Extension.( mll, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint #4 is granted pursuant to Local Rule CV-12 for Rimage Corporation to 10/6/2011. 13 Days Granted for Deadline Extension.( mll, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint #7 is granted pursuant to Local Rule CV-12 for Memorial Hermann Healthcare System to 10/5/2011. 14 Days Granted for Deadline Extension.( mll, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint #8 is granted pursuant to Local Rule CV-12 for Memorial Hermann Hospital System to 10/5/2011. 14 Days Granted for Deadline Extension.( mll, ) |
| Filing 8 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Memorial Hermann Hospital System.( Luman, John) |
| Filing 7 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Memorial Hermann Healthcare System.( Luman, John) |
| Filing 6 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Summation Technology, LLC.( Hall, H.) |
| Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Electric Picture Company, Inc..( Hall, H.) |
| Filing 4 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Rimage Corporation.( Hall, H.) |
| Filing 3 E-GOV SEALED SUMMONS Issued as to Codonics Inc., Electric Picture Company, Inc., Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corporation, Summation Technology, LLC. (Attachments: #1 Summons(es) Memorial Hermann Hosp System, #2 Summons(es) Rimage, #3 Summons(es) Electric Picture, #4 Summons(es) Summation Tech, #5 Summons(es) Codonics Inc)(gsg) |
| Judge Leonard Davis added. (mll, ) |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Jennifer) |
| Filing 1 COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 350 receipt number 0540-3201508.), filed by Innovative Automation LLC. (Attachments: #1 Exhibit A (U.S. Patent No. 7,174,362), #2 Civil Cover Sheet)(Ainsworth, Jennifer) |
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