Ameritox, Ltd. v. Millennium Laboratories, Inc.

Plaintiff: Ameritox, Ltd.
Defendant: Millennium Laboratories, Inc.
Counter_claimant: Millennium Laboratories, Inc.
Counter_defendant: Ameritox, Ltd.
Case Number: 3:2013cv00832
Filed: December 2, 2013
Court: Wisconsin Western District Court
Office: Madison Office
County: Out of State
Presiding Judge: William M. Conley
Referring Judge: Stephen L. Crocker
Nature of Suit: Patent
Cause of Action: 28:1338
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
January 16, 2015 196 Opinion or Order of the Court ORDER re Telephone Status Conference. Signed by District Judge William M. Conley on 1/16/15. (jat)
February 19, 2015 215 Opinion or Order of the Court ORDER granting in part and denying in part 126 Motion for Summary Judgment by Defendant Millennium Laboratories, Inc. ; Granting 192 Motion for Leave to File Sur-Reply by Plaintiff Ameritox, Ltd. Defendant may have until 3/2/2015, to serve and file its response as to why summary judgment should not be entered against it on the question of infringement of the '680 patent. Signed by District Judge William M. Conley on 2/18/2015. (voc)
March 6, 2015 256 Opinion or Order of the Court OPINION AND ORDER: Partial summary judgment is AWARDED in plaintiff's favor with respect to its claim that Millennium infringed claims 1, 2, 4-7, 10 and 16-18 of the '680 patent. Signed by District Judge William M. Conley on 3/6/15. (jat)
March 19, 2015 327 Opinion or Order of the Court ORDER denying 220 Motion for Reconsideration or, in the Alternative, Certification for Interlocutory Appeal and Stay of Proceedings Pending Appeal. Signed by District Judge William M. Conley on 3/19/2015. (voc)
April 3, 2015 380 Opinion or Order of the Court ORDER granting 374 Joint Request For Expedited Guidance on Order of Proofs at Trial; denying 246 Motion to exclude testimony of Alan H. Wu, Ph.D.; denying 274 Motion to exclude the expert testimony of Richard F. Bero; reserving on 276 Motio n in Limine to exclude improper testimony regarding the U.D. Testing License; denying 277 Plaintiffs' Motion in Limine 1; granting in part and denying in part 278 Motion in Limine to exclude evidence directed to claimed willful infringement; granting in part and denying in part 279 Plaintiffs' Motion in Limine 2; granting in part and denying in part 280 Plaintiffs' Motion in Limine 3; granting in part and denying in part 281 Plaintiffs' Motion in Limine 4; denying 282 Plaintiffs' Motion in Limine 5; granting 283 Motion in Limine to preclude certain expert testimony of Dr. Paul J. Orsulak; denying 285 Plaintiffs' Motion in Limine 6; granting in part and denying in part 286 Plaintiffs' Mot ion in Limine 7; granting in part and denying in part 287 Plaintiffs' Motion in Limine 8; denying 291 Plaintiffs' Motion in Limine 9; denying 292 Plaintiffs' Motion in Limine 10; granting as unopposed 293 Plaintiffs' Motio n in Limine 11; denying 294 Plaintiffs' Motion in Limine 12; granting 295 Plaintiffs' Motion in Limine 13; denying 296 Plaintiffs' Motion in Limine 14; granting as unopposed 300 Motion in Limine to exclude evidence or testimon y regarding irrelevant litigation and financial information; denying 303 Motion in Limine to exclude testimony of Carl G. Degen. Whether by phone or in person, the parties shall meet in good faith no later than 5 p.m. on Monday, April 6, 2015, to confer and pare down their exhibit lists further. The parties shall then submit no later than noon on Tuesday, April 7th, revised exhibit lists reflecting exhibits they may actually seek to have admitted at trial and any remaining objections to those exhibits in a form required by this court. Signed by District Judge William M. Conley on 4/3/15. (jat)
April 9, 2015 388 Opinion or Order of the Court ORDER on deposition designations for Howard Apple. Signed by District Judge William M. Conley on 4/9/2015. (voc)
April 14, 2015 407 Opinion or Order of the Court ORDER re 389 Notice by Defendant Millennium Health, LLC Regarding Ameritox's Admissions From Prior Litigation Relevant to Commercial Success(Other), filed by Millennium Health, LLC. Signed by District Judge William M. Conley on 4/14/2015. (voc)
April 15, 2015 409 Opinion or Order of the Court ORDER re 397 Trial Brief - Millennium Health LLC's Supplemental Pretrial Submission in Support of Its Motion in Limine to Exclude Expert Testimony of Carl G. Degan. Signed by District Judge William M. Conley on 4/15/2015. (voc)
April 17, 2015 420 Opinion or Order of the Court ORDER on willful infringement. The parties may submit a proffer of the additional evidence, if any, they seek to introduce in this third phase of trial by 5:00 p.m. on Sunday, April 19, 2015. Signed by District Judge William M. Conley on 4/17/2015. (mfh)
April 24, 2015 440 Opinion or Order of the Court ORDER awarding partial judgment in favor of plaintiff Ameritox, Ltd. with respect to defendant Millenium Health, LLC's claim that U.S. Patent No. 7,585,680 is invalid under 35 U.S.C. § 101. Signed by District Judge William M. Conley on 4/24/2015. (arw)
April 27, 2015 441 Opinion or Order of the Court JUDGMENT in favor of Ameritox, Ltd., Marshfield Clinic, Inc. against Millennium Health, LLC in the amount of $ 8,652,760.00. (WMC /PAO). Signed by District Judge William M. Conley on 4/27/2015. (voc)
May 7, 2015 449 Opinion or Order of the Court ORDER re: 445 Motion to Stay Execution of Judgment. Based upon Millennium Health, LLC's ("Millennium") Unopposed Motion for Stay of Execution of Judgment Pending Appeal, IT IS HEREBY ORDERED that, conditioned upon and effective upo n Millennium's posting of a $8,740,000 bond substantially in the form attached to this Order as Exhibit A, execution on the judgment entered by the Court on April 27, 2015 (Dkt. No. 441 ) (the "Judgment"), any attempt to execute on the Judgment, and any proceedings to enforce the Judgment's award of money damages in this matter are STAYED pending resolution of Millennium's appeal of the Judgment. Signed by District Judge William M. Conley on 5/6/2015. (voc)

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Plaintiff: Ameritox, Ltd.
Represented By: Matthew F. Carmody
Represented By: Timothy J. Carroll
Represented By: David Edwin Jones
Represented By: Adam Louis Marchuk
Represented By: Michael R. Osterhoff
Represented By: James P Ulwick
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Defendant: Millennium Laboratories, Inc.
Represented By: Bonnie Chen
Represented By: Arlene L Chow
Represented By: Steven P Hollman
Represented By: Rebecca Cheryl Mandel
Represented By: Douglas Maynard Poland
Represented By: Robert Benjamin Wolinsky
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Counter_claimant: Millennium Laboratories, Inc.
Represented By: Bonnie Chen
Represented By: Arlene L Chow
Represented By: Steven P Hollman
Represented By: Robert Benjamin Wolinsky
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Counter_defendant: Ameritox, Ltd.
Represented By: Matthew F. Carmody
Represented By: Timothy J. Carroll
Represented By: David Edwin Jones
Represented By: Adam Louis Marchuk
Represented By: Michael R. Osterhoff
Represented By: James P Ulwick
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