`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`HOLOGIC, INC., a Delaware corporation; and
`CYTYC SURGICAL PRODUCTS, LLC, a
`Massachusetts limited liability company,
`Plaintiffs,
`
`v.
`MINERVA SURGICAL, INC., a Delaware
`corporation,
`
`
`Defendant.
`
`
`
`
`
` C.A. No. 20-925-JFB-SRF
`
`
`
`
`
`JOINT INTERIM STATUS REPORT
`
`
`
`
`
`Pursuant to the Scheduling Order entered in this matter (D.I. 20, ¶ 7), Plaintiffs Hologic,
`
`Inc. and Cytyc Surgical Products, LLC (collectively, “Hologic”) and Defendant Minerva
`
`Surgical, Inc. (“Minerva”) submit this Joint Interim Status Report.
`
`I.
`
`Nature of the Matters in Issue
`
`The parties in this action are also involved in Hologic, Inc. v. Minerva Surgical, Inc., No.
`
`15-cv-1031-JFB-SRF (D. Del.) (“First Action”), which also involves U.S. Patent No. 9,095,348
`
`(“the ’348 patent”)—the patent at issue in this action. An Amended Final Judgment in favor of
`
`Hologic was entered in the First Action on August 28, 2020, and the parties’ petitions for
`
`certiorari to the United States Supreme Court are pending.
`
`Hologic filed the instant action against Minerva on July 8, 2020 (D.I. 1), alleging
`
`infringement of the ’348 patent by Minerva’s sales of an endometrial ablation system with a
`
`modified handpiece.
`
`II.
`
`Pending Matters
`
`On October 30, 2020, Hologic filed a letter brief (D.I. 24) requesting permission to file
`
`early summary judgment motions in this action. On November 13, 2020, Minerva filed a letter
`
`-1-
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 47 Filed 12/21/20 Page 2 of 3 PageID #: 838
`
`
`brief in opposition to Hologic’s request. (D.I. 28.) The Court has not yet ruled on Hologic’s
`
`request.
`
`III.
`
`Progress of Discovery
`
`The fact discovery deadline is December 30, 2020, and opening expert reports are due
`
`January 18, 2021. (D.I. 20 at ¶ 2, ¶ 2(h).) Written discovery and deposition discovery is
`
`ongoing. The Court’s Scheduling Order provides that all discovery exchanged in the First
`
`Action, as well as in Minerva Surgical, Inc. v. Hologic, Inc., No. 18-cv-00217-JFB-SRF (D.
`
`Del.), is deemed to have been exchanged in this action. (Id.)
`
`The parties are engaged in the following discovery disputes:
`
`1. Minerva produced an opinion of counsel in the First Action on February 1,
`
`2017 and currently intends to rely upon the opinion of counsel to rebut a
`
`charge of willfulness. The parties are at an impasse regarding the scope of the
`
`privilege waiver. This dispute impacts the scope of deposition testimony,
`
`including 30(b)(6) deposition testimony, and the production of documents.
`
`2. The parties are at an impasse regarding the deposition of Minerva’s founder,
`
`Mr. Csaba Truckai.
`
`The parties are filing today a Joint Motion for Teleconference to Resolve Discovery
`
`Disputes, proposing a teleconference at the same date and time as the scheduled Status
`
`Conference on Tuesday, January 5, 2021, at 1:00 p.m.
`
`
`
`
`
`-2-
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 47 Filed 12/21/20 Page 3 of 3 PageID #: 839
`
`
`
`
`WILSON SONSINI GOODRICH & ROSATI PC
`/s/ Ian R. Liston
`
`
`
`
`Ian R. Liston
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`Telephone: (302) 304-7606
`iliston@wsgr.com
`
`Vera M. Elson
`WILSON SONSINI GOODRICH & ROSATI PC
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`velson@wsgr.com
`
`Edward G. Poplawski
`Olivia M. Kim
`Erik J. Carlson
`WILSON SONSINI GOODRICH & ROSATI PC
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: (323) 210-2900
`epoplawski@wsgr.com
`okim@wsgr.com
`ecarlson@wsgr.com
`
`Attorneys for Defendant Minerva Surgical, Inc.
`
`
`DATED: December 21, 2020
`
`YOUNG CONAWAY STARGATT & TAYLOR LLP
`/s/ Karen L. Pascale
`
`
`
`Karen L. Pascale (#2903)
`Pilar Kraman (#5199)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`Telephone: (302) 571-6600
`kpascale@ycst.com
`pkraman@ycst.com
`
`Marc A. Cohn
`William O. Young, Jr.
`ARNOLD & PORTER KAYE SCHOLER LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001
`Telephone: (202) 942-5000
`marc.cohn@arnoldporter.com
`william.young@arnoldporter.com
`
`Ryan J. Casamiquela
`ARNOLD & PORTER KAYE SCHOLER LLP
`Three Embarcadero Center, 10th Floor
`San Francisco, CA 94111
`Telephone: (415) 471-3100
`ryan.casamiquela@arnoldporter.com
`
`Assad Rajani
`ARNOLD & PORTER KAYE SCHOLER LLP
`3000 El Camino Real
`Five Palo Alto Square, Suite 500
`Palo Alto, CA 94306
`Telephone: (650) 319-4500
`assad.rajani@arnoldporter.com
`
`Attorneys for Plaintiffs Hologic, Inc. and Cytyc
`Surgical Products, LLC
`
`
`
`-3-
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
