Rex Medical, L.P. v. Covidien, LP

1:19-cv-01092 | Delaware District Court

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Division Wilmington
Judge Judge Maryellen Noreika
Filed June 13, 2019
Terminated April 20, 2020
Case Flags CLOSED, MEDIATION-MPT, and PATENT
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Plaintiff
Last Updated: 11 months, 3 weeks ago Show Interactive Timeline
Filing Date # Docket Text
4/20/2020Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s). (Attachments: # 1 Stipulation of Dismissal)(mdb) (Entered: 04/20/2020)
4/20/2020
  • Motion to Dismiss (Demurrer)
SO ORDERED re 46 Stipulation of Dismissal. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 4/20/2020. (dlw) (Entered: 04/20/2020)
4/20/2020
  • Motion to Dismiss (Demurrer)
STIPULATION of Dismissal by Rex Medical, L.P.. (Farnan, Michael) (Entered: 04/20/2020)
4/2/2020
  • Motion to Stay
SO ORDERED re 45 Stipulation to Stay All Deadlines - IT IS HEREBY ORDERED that this action is STAYED until 5/1/2020. ORDERED by Judge Maryellen Noreika on 4/2/2020. (dlw) (Entered: 04/02/2020)
4/1/2020
  • Motion to Stay
STIPULATION to Stay all Deadlines by Rex Medical, L.P.. (Farnan, Michael) (Entered: 04/01/2020)
4/1/2020NOTICE requesting Clerk to remove Stephen N. Scaife as co-counsel.. (Farnan, Michael) (Entered: 04/01/2020)
3/27/2020NOTICE OF SERVICE of Plaintiff Rex Medical, L.P.'s Identification of Proposed Claim Terms/Phrases and Constructions filed by Rex Medical, L.P..(Farnan, Michael) (Entered: 03/27/2020)
3/27/2020NOTICE OF SERVICE of Defendant Covidien LP's Proposed Claim Terms and Constructions filed by Covidien, LP.(Kraman, Pilar) (Entered: 03/27/2020)
3/23/2020NOTICE OF SERVICE of Covidien LP's Initial Invalidity Contentions filed by Covidien, LP.(Swadley, Beth) (Entered: 03/23/2020)
3/16/2020CORRECTING ENTRY: The date of the Court's Order in DI 40 is 3/3/20. (cak) (Entered: 03/16/2020)
3/16/202040
  • Order
ORAL ORDER: The Court has issued a Standing Order dated 3/13/20 regarding paper documents coming into the Court. This would include mediation statements. Therefore, until further notice, counsel shall be permitted to email mediation statements to Judge Thynge, with a copy to Ms. Kennedy on their due date. Since the Judge is permitting the email of the statements, they shall still be due on the date and time (EST) specified in the Mediation Scheduling Order. Counsel are cautioned to limit the number of exhibits to the statements being emailed. Exhibits shall be single-sided only. Should the exhibits exceed 50 pages, then in that instance, two copies of the exhibits only shall be hand delivered to the Clerks Office IN AN ENVELOPE addressed to Judge Thynge, stating the name of the case and marked Confidential Mediation Material by no later than 3:00 p.m. Eastern Time. If the exhibits are not in an envelope, the Clerks Office will be instructed not to accept them. All other provisions of the Courts Order dated 3/3/20 shall remain in full force and effect. Ordered by Judge Mary Pat Thynge on 3/16/20. (cak) Modified on 3/16/2020 (cak). (Entered: 03/16/2020)
3/16/202039
  • Order
ORAL ORDER: At the present time, Judge Thynge will be conducting mediation telephonically. The logistics of the telephone mediation shall be as follows: unless counsel agree otherwise, Plaintiff shall arrange for a dial-in number for a joint discussion line for the Judge and all counsel, to use throughout the mediation process on the date and at the time when mediation is scheduled to begin. This line shall be available throughout mediation should the Judge wish to hold discussions with all counsel and parties. Plaintiff(s) counsel shall arrange for a separate line for private discussions with the Judge throughout the mediation process. Defense counsel shall also arrange for a separate line for private discussions with the Judge throughout the mediation process. These lines shall remain open for use by counsel and the Court until the mediation session is concluded. Counsel shall advise by email to Judge Thynge and Ms. Kennedy of all numbers (for the joint line, plaintiff only line and defense only line) no later than 24 hours prior to the schedule mediation date and time. Ordered by Judge Mary Pat Thynge on 3/16/20. (cak) (Entered: 03/16/2020)
3/4/2020NOTICE OF SERVICE of Rex Medical, L.P.'s First Supplemental Responses and Objections to Covidien LP's First Set of Requests for the Production of Documents (Nos. 1-67) filed by Rex Medical, L.P..(Farnan, Michael) (Entered: 03/04/2020)
3/3/2020
  • Order
ORDER Setting Mediation Conferences: A Mediation Conference is set for 3/30/2020 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 3/3/20. (cak) (Entered: 03/03/2020)
2/24/2020
  • Order
SO ORDERED re 35 Stipulation to Extend Certain Scheduling Order Deadlines. SEE STIPULATION FOR DETAILS. ORDERED by Judge Maryellen Noreika on 2/24/2020. (dlw) (Entered: 02/24/2020)
2/21/2020NOTICE OF SERVICE of 1) Covidien LP's Response to Rex Medical's First Set of Requests for the Production of Documents (Nos. 1-126); and 2) Covidien LP's Response to Rex Medical's First Set of Interrogatories (Nos. 1-9) filed by Covidien, LP.(Vrana, Robert) (Entered: 02/21/2020)
2/21/2020
  • Motionby Δ
STIPULATION to Extend Certain Scheduling Order Deadlines re 20 Scheduling Order,,,, by Covidien, LP. (Vrana, Robert) (Entered: 02/21/2020)
2/21/2020NOTICE OF SERVICE of Rex Medical, L.P.'s Supplemental Responses and Objections to Covidien LP's First Set of Interrogatories (Nos. 1, 5, 7) filed by Rex Medical, L.P..(Farnan, Michael) (Entered: 02/21/2020)
2/4/2020Pro Hac Vice Attorney Christa J. Laser for Covidien, LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 02/04/2020)
2/3/2020
  • Motion to Appear Pro Hac Vice
SO ORDERED re 33 MOTION for Pro Hac Vice Appearance of Attorney Christa Laser filed by Covidien, LP. ORDERED by Judge Maryellen Noreika on 2/3/2020. (dlw) (Entered: 02/03/2020)
1/31/2020
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Christa Laser - filed by Covidien, LP. (Swadley, Beth) (Entered: 01/31/2020)
1/31/2020NOTICE OF SERVICE of Rex Medical, L.P.'s Initial Claim Chart filed by Rex Medical, L.P..(Farnan, Michael) (Entered: 01/31/2020)
1/28/202031
  • Order
ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Thursday, February 13, 2020, by email to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, as well as opposing counsel, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. Ordered by Chief Magistrate Judge Mary Pat Thynge on 1/28/20. (cak) (Entered: 01/28/2020)
1/22/2020NOTICE OF SERVICE of Rex Medical, L.P.'s First Set of Requests for the Production of Documents (Nos. 1-126) and Rex Medical, L.P.'s First Set of Interrogatories (Nos. 1-9) filed by Rex Medical, L.P..(Farnan, Michael) (Entered: 01/22/2020)
1/13/2020NOTICE of Appearance by Beth Ann Swadley on behalf of Covidien, LP (Swadley, Beth) (Entered: 01/13/2020)
1/13/2020NOTICE OF SERVICE of Covidien LP's Core Technical Documents filed by Covidien, LP.(Swadley, Beth) (Entered: 01/13/2020)
1/10/2020NOTICE OF SERVICE of (i) Rex Medical, L.P.'s Responses and Objections to Covidien LP's First Set of Requests for the Production of Documents (Nos. 1-67) and (ii) Rex Medical, L.P.'s Responses and Objections to Covidien LP's First Set Interrogatories (Nos. 1-11) filed by Rex Medical, L.P..(Farnan, Michael) (Entered: 01/10/2020)
12/20/2019NOTICE OF SERVICE of 1) Defendant Covidien LP's Initial Disclosures; and 2) Defendant Covidien LP's Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by Covidien, LP.(Swadley, Beth) (Entered: 12/20/2019)
12/20/2019NOTICE OF SERVICE of (i) Plaintiff Rex Medical, L.P.'s Rule 26(a)(1) Disclosures and ESI Initial Disclosures and (ii) Plaintiff Rex Medical, L.P.'s Disclosures Pursuant to Paragraph 7(a) of the Court's Scheduling Order filed by Rex Medical, L.P..(Farnan, Michael) (Entered: 12/20/2019)
12/11/2019NOTICE OF SERVICE of 1) Defendant Covidien LP's First Set of Interrogatories (Nos. 1 11) to Plaintiff Rex Medical, L.P.; and 2) Defendant Covidien LP's First Set of Requests for Production (Nos. 1-67) to Plaintiff Rex Medical, L.P. filed by Covidien, LP.(Vrana, Robert) (Entered: 12/11/2019)
12/10/2019
  • Motion for Protective Order
PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 12/10/2019. (dlw) (Entered: 12/10/2019)
12/9/2019
  • Motion
PROPOSED ORDER // Proposed Protective Order by Rex Medical, L.P. (Farnan, Michael) Modified on 12/10/2019 (dlw). (Entered: 12/09/2019)
12/6/2019Pro Hac Vice Attorney Alexis Cohen for Covidien, LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 12/06/2019)
12/6/2019
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 21 MOTION for Pro Hac Vice Appearance of Attorney Alexis Cohen filed by Covidien, LP. ORDERED by Judge Maryellen Noreika on 12/6/2019. (dlw) (Entered: 12/06/2019)
12/5/2019
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Alexis Cohen - filed by Covidien, LP. (Kraman, Pilar) (Entered: 12/05/2019)
11/15/2019CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) (Entered: 11/15/2019)
11/15/2019
  • Scheduling Order
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 7/23/2020. Amended Pleadings due by 7/23/2020. Fact Discovery completed by 12/7/2020. Opening Expert Reports due by 1/15/2021. Rebuttal Expert Reports due by 2/19/2021. Reply Expert Reports due by 3/19/2021. Dispositive Motions due by 5/28/2021. Answering Brief due 6/25/2021. Reply Brief due 7/9/2021. Claim Construction Opening Brief served by 4/17/2020. Claim Construction Answering Brief served by 5/15/2020. Claim Construction Reply Brief served by 6/5/2020. Claim Construction Surreply Brief served by 6/26/2020. Joint Claim Construction Brief filed by 7/6/2020. A Markman Hearing is set for 7/29/2020 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 11/8/2021 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 11/15/2021 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 11/15/2019. (dlw) (Entered: 11/15/2019)
11/14/2019
  • Motion
PROPOSED ORDER // Scheduling Order by Rex Medical, L.P. (Attachments: # 1 Letter the Honorable Maryellen Noreika)(Farnan, Michael) Modified on 11/15/2019 (dlw). (Entered: 11/14/2019)
10/15/201918
  • Order
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 10/15/2019. (dlw) (Entered: 10/15/2019)
10/15/2019
  • Answer
ANSWER to 16 Answer to Complaint, Counterclaim by Rex Medical, L.P..(Farnan, Michael) (Entered: 10/15/2019)
10/1/2019
  • Answerby Δ
Amended ANSWER to 1 Complaint, with Jury Demand , Amended COUNTERCLAIM against Rex Medical, L.P. by Covidien, LP.(Kraman, Pilar) (Entered: 10/01/2019)
9/17/2019
  • Motion to Extend Time
SO ORDERED re 15 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Counterclaims to 10/1/2019 (Set/Reset Answer Deadlines: Rex Medical, L.P. answer to counterclaim due 10/1/2019). ORDERED by Judge Maryellen Noreika on 9/17/2019. (dlw) (Entered: 09/17/2019)
9/16/2019
  • Motion to Extend Time
STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Counterclaims to 10/1/2019 - filed by Rex Medical, L.P.. (Farnan, Michael) (Entered: 09/16/2019)
8/30/2019Pro Hac Vice Attorney Monica Grewal for Covidien, LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 08/30/2019)
8/27/2019 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Medtronic plc for Covidien, LP filed by Covidien, LP. (Kraman, Pilar) (Entered: 08/27/2019)
8/27/2019
  • Answerby Δ
ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against Rex Medical, L.P. by Covidien, LP.(Kraman, Pilar) (Entered: 08/27/2019)
8/27/2019Pro Hac Vice Attorney Zachary A. Nemtzow for Covidien, LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 08/27/2019)
8/27/2019
  • Motion to Dismiss (Demurrer)
SO ORDERED re 11 Stipulation of Dismissal as to Medtronic plc and Amendment of Case Caption. Party Medtronic, plc terminated. Attorney Gregory H. Lantier; Eric Ross Cohen and Pilar Gabrielle Kraman terminated as to Medtronic, plc only. SEE STIPULATION FOR COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 8/27/2019. (dlw) (Entered: 08/27/2019)
8/27/2019
  • Motion to Dismiss (Demurrer)
STIPULATION of Dismissal and [Proposed] Order Dismissing Complaint as to Defendant Medtronic plc and Amendment of Case Caption by Covidien, LP, Medtronic, plc. (Kraman, Pilar) Modified on 8/27/2019 (dlw). (Entered: 08/27/2019)
8/22/2019
  • Motion to Appear Pro Hac Vice
SO ORDERED re 10 MOTION for Pro Hac Vice Appearance of Attorney Monica Grewal and Zachary A. Nemtzow filed by Covidien, LP, Medtronic, plc. ORDERED by Judge Maryellen Noreika on 8/22/2019. (dlw) (Entered: 08/22/2019)
8/22/2019
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Monica Grewal and Zachary A. Nemtzow - filed by Covidien, LP, Medtronic, plc. (Kraman, Pilar) (Entered: 08/22/2019)
8/21/2019 NOTICE of Appearance of Attorney E. Ross Cohen by Covidien, LP, Medtronic, plc (Kraman, Pilar) (Entered: 08/21/2019)
7/17/2019Pro Hac Vice Attorney Erik B. Milch,Stephen N. Scaife,Stephen C. Crenshaw for Rex Medical, L.P. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) (Entered: 07/17/2019)
7/10/2019
  • Motion to Appear Pro Hac Vice
SO ORDERED - re 8 MOTION for Pro Hac Vice Appearance of Attorney Erik B. Milch, Stephen N. Scaife, and Stephen Crenshaw filed by Rex Medical, L.P. ORDERED by Judge Maryellen Noreika on 7/10/2019. (mdb) (Entered: 07/10/2019)
7/10/2019
  • Motion to Appear Pro Hac Vice
MOTION for Pro Hac Vice Appearance of Attorney Erik B. Milch, Stephen N. Scaife, and Stephen Crenshaw - filed by Rex Medical, L.P.. (Farnan, Brian) (Entered: 07/10/2019)
7/5/2019Pro Hac Vice Attorney Gregory H. Lantier for Covidien, LP, for Medtronic, plc added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 07/05/2019)
7/3/2019
  • Motion to Appear Pro Hac Vice
SO ORDERED re 7 MOTION for Pro Hac Vice Appearance of Attorney Gregory H. Lantier filed by Covidien, LP, Medtronic, plc. ORDERED by Judge Maryellen Noreika on 7/3/2019. (dlw) (Entered: 07/03/2019)
7/2/2019
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Gregory H. Lantier - filed by Covidien, LP, Medtronic, plc. (Kraman, Pilar) (Entered: 07/02/2019)
6/28/2019
  • Motion to Extend Time
SO ORDERED re 6 STIPULATION TO EXTEND TIME by which Covidien and Medtronic shall answer, move, or otherwise respond to Rex Medical's complaint to August 27, 2019 filed by Covidien, LP, Medtronic, plc, Set/Reset Answer Deadlines: Covidien, LP answer due 8/27/2019; Medtronic, plc answer due 8/27/2019. ORDERED by Judge Maryellen Noreika on 6/28/2019. (mdb) (Entered: 06/28/2019)
6/28/2019
  • Motion to Extend Timeby Δ
STIPULATION TO EXTEND TIME by which Covidien and Medtronic shall answer, move, or otherwise respond to Rex Medical's complaint to August 27, 2019 - filed by Covidien, LP, Medtronic, plc. (Kraman, Pilar) (Entered: 06/28/2019)
6/19/2019Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 06/19/2019)
6/17/2019 SUMMONS Returned Executed by Rex Medical, L.P.. Covidien, LP served on 6/14/2019, answer due 7/5/2019. (Farnan, Michael) (Entered: 06/17/2019)
6/17/2019Summons Reissued with Magistrate Consent Notice attached as to Medtronic, plc. (nmg) (Entered: 06/17/2019)
6/14/2019Summons Issued with Magistrate Consent Notice attached as to Covidien, LP on 6/14/2019; Medtronic, plc on 6/14/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (lak) (Entered: 06/14/2019)
6/13/2019 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Rex Medical, L.P. (lak) (Entered: 06/14/2019)
6/13/2019Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,439,650 B2 ;US 10,136,892 B2. (lak) (Entered: 06/14/2019)
6/13/2019Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lak) (Entered: 06/14/2019)
6/13/2019
  • Complaint
COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Covidien, LP, Medtronic, plc - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2664620.) - filed by Rex Medical, L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet) (lak) (Entered: 06/14/2019)