Dao Health v. Chiaro Technology Limited

2:23-cv-00289 | Texas Eastern District Court

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Division Marshall
Judge District Judge Rodney Gilstrap
Filed June 21, 2023
Terminated Oct. 9, 2024
Case Flags CLOSED, JRG4, JURY, PATENT/TRADEMARK, PROTECTIVE-ORDER, and STAYDDLS
Magistrate Magistrate Judge Roy S. Payne
Nature of Suit 830 Patent
Cause 35:145 Patent Infringement
Jury Demand Both
Last Updated: 2 days, 7 hours ago Show Interactive Timeline
Filing Date # Docket Text
10/9/2024 Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 emailed to the Director of the U.S. Patent and Trademark Office. (NKL) (Entered: 10/09/2024)
10/9/2024
  • Motion to Dismiss (Demurrer)Granted
ORDER DISMISSING CASE (Motion(s) 51 , 74 terminated). Signed by District Judge Rodney Gilstrap on 10/8/2024. (NKL) (Entered: 10/09/2024)
10/2/2024
  • Motion to Dismiss (Demurrer)by Π
JOINT MOTION to Dismiss by Dao Health. (Attachments: # 1 Proposed Order)(Xi, Meng) (Entered: 10/02/2024)
9/13/2024
  • Order
ORDER To Pay Technical Advisor. Signed by Magistrate Judge Roy S. Payne on 09/13/2024. (KLC) (Entered: 09/13/2024)
9/9/2024
  • Motion to StayGranted
ORDER granting 71 JOINT MOTION to Stay All Deadlines and Notice of Settlement. Signed by Magistrate Judge Roy S. Payne on 9/9/2024. (CH) (Entered: 09/09/2024)
9/6/2024
  • Motion to Stayby Π
JOINT MOTION to Stay All Deadlines and Notice of Settlement by Dao Health. (Attachments: # 1 Proposed Order)(Xi, Meng) (Entered: 09/06/2024)
9/4/2024
  • Replyby Π
Sealed Plaintiff Dao Health's Reply Claim Construction Brief. (Attachments: # 1 Exhibit A)(Xi, Meng) (Entered: 09/04/2024)
8/29/2024
  • Motion for Claim Constructionby Δ
Sealed Document. ELVIE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF (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)(Smith, Melissa) (Entered: 08/29/2024)
8/26/2024
  • Motion to Strikeby Π
REPLY to Response re 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense filed by Dao Health. (Laiche, Tanner) (Entered: 08/26/2024)
8/26/2024
  • Motion to Withdraw as CounselGranted
ORDER granting 66 Motion to Withdraw attorney Richa Patel. Signed by Magistrate Judge Roy S. Payne on 8/26/2024. (CH) (Entered: 08/26/2024)
8/23/2024
  • Motion to Withdraw as Counselby Δ
UNOPPOSED MOTION TO WITHDRAW RICHA PATEL AS COUNSEL OF RECORD by Chiaro Technology Limited. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 08/23/2024)
8/16/2024
  • Motion to Extend Time to File ResponseGranted
ORDER granting 64 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense , 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense Replies due by 8/26/2024.. Signed by Magistrate Judge Roy S. Payne on 08/16/2024. (KLC) (Entered: 08/16/2024)
8/15/2024
  • Motion to Extend Time to File Responseby Π
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense by Dao Health. (Attachments: # 1 Proposed Order)(Laiche, Tanner) (Entered: 08/15/2024)
8/14/2024 NOTICE OF COMPLIANCE by Dao Health (Laiche, Tanner) (Entered: 08/14/2024)
8/14/2024 NOTICE OF COMPLIANCE by Chiaro Technology Limited Regarding Technical Tutorial (Smith, Melissa) (Entered: 08/14/2024)
8/14/2024SEALED ADDITIONAL ATTACHMENTS to Main Document: 60 Claim Construction Brief,. (Attachments: # 1 Exhibit 3)(Xi, Meng) (Entered: 08/14/2024)
8/14/2024
  • Motion for Claim Constructionby Π
OPENING CLAIM CONSTRUCTION BRIEF filed by Dao Health. (Attachments: # 1 Affidavit/Declaration of Tanner Laiche, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3 - Filed Separately Under Seal, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Xi, Meng) (Entered: 08/14/2024)
8/14/2024 NOTICE of Attorney Appearance by Samuel Mark Drezdzon on behalf of Dao Health (Drezdzon, Samuel) (Entered: 08/14/2024)
8/13/2024 NOTICE the Motion Hearing set for 8/14/24 at 1:30 pm is CANCELLED. (bga) (Entered: 08/13/2024)
8/12/2024
  • Motion to Strikeby Δ
RESPONSE re 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense filed by Chiaro Technology Limited. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 08/12/2024)
8/12/2024
  • Motion to Compel Discovery
ORDER denying as moot 42 OPPOSED MOTION to Compel DISCOVERY FROM DAO HEALTH. Signed by Magistrate Judge Roy S. Payne on 8/12/2024. (CH) (Entered: 08/12/2024)
8/12/2024JOINT STATUS REPORT WITHDRAWING DISCOVERY DISPUTE by Chiaro Technology Limited. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 08/12/2024)
8/7/2024
  • Motion to Extend Time to File ResponseGranted
ORDER granting 54 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense , 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense Responses due by 8/12/2024. Signed by Magistrate Judge Roy S. Payne on 8/7/2024. (CH) (Entered: 08/07/2024)
8/6/2024
  • Motion to Extend Time to File Responseby Δ
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense by Chiaro Technology Limited. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 08/06/2024)
7/26/2024
  • Order
ORDER - ORDERED that Mr. Scott E. Woloson be appointed as the Courts technical advisor. Signed by Magistrate Judge Roy S. Payne on 7/26/2024. (CH) (Entered: 07/26/2024)
7/26/2024NOTICE of Hearing on Motion 42 OPPOSED MOTION to Compel DISCOVERY FROM DAO HEALTH : Motion Hearing set for 8/14/2024 at 01:30 PM before Magistrate Judge Roy S. Payne. (bga) (Entered: 07/26/2024)
7/24/2024
  • Answerby Π
ANSWER to 49 Amended Answer to Complaint,, Counterclaim, by Dao Health.(Xi, Meng) (Entered: 07/24/2024)
7/24/2024
  • Motion to Strikeby Π
MOTION to Strike 49 Amended Answer to Complaint,, Counterclaim, Defendant's Inequitable Conduct Eleventh Defense by Dao Health. (Attachments: # 1 Proposed Order)(Laiche, Tanner) (Entered: 07/24/2024)
7/10/2024Parties' Joint Claim Construction and Prehearing Statement by Dao Health. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Xi, Meng) (Entered: 07/10/2024)
7/10/2024
  • Answerby Δ
FIRST AMENDED ANSWER to 1 Complaint , DEFENSES, COUNTERCLAIM against Dao Health by Chiaro Technology Limited. (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) (Entered: 07/10/2024)
7/9/2024
  • Motion to Withdraw as CounselGranted
ORDER granting 46 Motion to Withdraw as Attorney. Attorney Bryce Thomas Barcelo terminated. Signed by Magistrate Judge Roy S. Payne on 7/9/2024. (CH) (Entered: 07/09/2024)
7/3/2024ORDER granting 44 Motion to Amend/Correct. It isORDERED that the Parties deadline to submit a P.R. 4-3 Joint Claim ConstructionStatement is July 10, 2024.. Signed by Magistrate Judge Roy S. Payne on 07/03/2024. (KLC) (Entered: 07/03/2024)
7/3/2024
  • Motion to Withdraw as Counselby Π
UNOPPOSED MOTION to Withdraw as Attorney Bryce T. Barcelo by Dao Health. (Attachments: # 1 Proposed Order)(Xi, Meng) (Entered: 07/03/2024)
7/2/2024 ***FILED IN ERROR***

NOTICE Of Attorney Withdrawal by Dao Health (Xi, Meng) Modified on 7/2/2024 (CH). (Entered: 07/02/2024)
7/2/2024JOINT MOTION to Amend/Correct Docket Control Order by Chiaro Technology Limited. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 07/02/2024)
6/26/2024
  • Motion to Compel Discoveryby Π
RESPONSE in Opposition re 42 OPPOSED MOTION to Compel DISCOVERY FROM DAO HEALTH filed by Dao Health. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit/Declaration of H. Rockman, # 5 Affidavit/Declaration of T. Mulnix)(Laiche, Tanner) (Entered: 06/26/2024)
6/11/2024
  • Motion to Compel Discovery
OPPOSED MOTION to Compel DISCOVERY FROM DAO HEALTH by Chiaro Technology Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Smith, Melissa) (Additional attachment(s) added on 6/12/2024: # 5 Proposed Order REVISED ORDER PLEASE USE THIS CORRECTED ORDER) (CH). (Entered: 06/11/2024)
5/29/2024NOTICE of Attorney Appearance - Pro Hac Vice by Byron L Pickard on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-10162189. (Pickard, Byron) (Entered: 05/29/2024)
1/18/2024 NOTICE of Attorney Appearance by Samantha Louise Fenwick on behalf of Dao Health (Fenwick, Samantha) (Entered: 01/18/2024)
12/27/2023NOTICE of Attorney Appearance - Pro Hac Vice by Christopher Coleman on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9889114. (Coleman, Christopher) (Entered: 12/27/2023)
12/14/2023NOTICE of Attorney Appearance - Pro Hac Vice by Richa Patel on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9871685. (Patel, Richa) (Entered: 12/14/2023)
12/8/2023NOTICE of Attorney Appearance - Pro Hac Vice by Alexander Covington on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9859554. (Covington, Alexander) (Entered: 12/08/2023)
12/1/2023NOTICE of Attorney Appearance - Pro Hac Vice by Alex Alfano on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9846972. (Alfano, Alex) (Entered: 12/01/2023)
12/1/2023NOTICE of Attorney Appearance - Pro Hac Vice by Michael Webb on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9846897. (Webb, Michael) (Entered: 12/01/2023)
11/28/2023 NOTICE of Attorney Appearance by Zachary Jacobs on behalf of Chiaro Technology Limited (Jacobs, Zachary) (Entered: 11/28/2023)
10/20/2023NOTICE OF COMPLIANCE by Dao Health (Xi, Meng) (Entered: 10/20/2023)
10/20/2023
  • Motion for Protective OrderGranted
PROTECTIVE ORDER granting 29 JOINT MOTION for Protective Order. Signed by Magistrate Judge Roy S. Payne on 10/20/2023. (ch, ) (Entered: 10/20/2023)
10/20/2023E-DISCOVERY ORDER granting 28 AGREED MOTION for Entry of Stipulated Order regarding E-Discovery. Signed by Magistrate Judge Roy S. Payne on 10/20/2023. (ch, ) (Entered: 10/20/2023)
10/20/2023NOTICE by Chiaro Technology Limited of Compliance Regarding Initial and Additional Disclosures (Smith, Melissa) (Entered: 10/20/2023)
10/19/2023
  • Motion for Protective Orderby Π
JOINT MOTION for Protective Order by Dao Health. (Attachments: # 1 Proposed Protective Order)(Xi, Meng) (Entered: 10/19/2023)
10/19/2023AGREED MOTION for Entry of Stipulated Order regarding E-Discovery by Dao Health. (Attachments: # 1 Proposed Order Regarding E-Discovery)(Xi, Meng) (Entered: 10/19/2023)
10/17/2023DISCOVERY ORDER granting 25 JOINT MOTION For Entry of Proposed Agreed Discovery Order. Signed by Magistrate Judge Roy S. Payne on 10/17/2023. (ch, ) (Entered: 10/17/2023)
10/17/2023DOCKET CONTROL ORDER - GRANTING 24 UNOPPOSED MOTION For Entry of Proposed Docket Control Order. Pretrial Conference set for 2/11/2025 at 09:00 AM before Magistrate Judge Roy S. Payne., Jury Selection set for 3/17/2025 at 09:00AM before District Judge Rodney Gilstrap., Markman Hearing set for 9/25/2024 at 09:00 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 10/17/2023. (ch, ) (Entered: 10/17/2023)
10/12/2023
  • Motionby Π
JOINT MOTION For Entry of Proposed Agreed Discovery Order by Dao Health. (Attachments: # 1 Proposed Discovery Order)(Xi, Meng) (Entered: 10/12/2023)
10/12/2023
  • Motionby Π
UNOPPOSED MOTION For Entry of Proposed Docket Control Order by Dao Health. (Attachments: # 1 Proposed Docket Control Order)(Xi, Meng) (Entered: 10/12/2023)
10/10/2023
  • Answerby Π
Dao Health's Answer to Charo Technology Limited's Counterclaims ANSWER to 15 Answer to Complaint,, Counterclaim, by Dao Health.(Xi, Meng) (Entered: 10/10/2023)
10/10/2023NOTICE of Attorney Appearance by Tanner Laiche on behalf of Dao Health (Laiche, Tanner) (Entered: 10/10/2023)
9/29/2023NOTICE by Chiaro Technology Limited of Compliance Regarding P.R. 3-1 and 3-2 (Smith, Melissa) (Entered: 09/29/2023)
9/29/2023NOTICE of Discovery Disclosure by Dao Health (P.R. 3-1 and P.R. 3-2 Disclosures) (Fair, Andrea) (Entered: 09/29/2023)
9/28/2023Minute Entry for proceedings held before District Judge Rodney Gilstrap: Scheduling Conference/Case Management Conference held on 9/28/2023. Counsel for the parties appeared. Court asked whether they consented to trial before the U.S. Magistrate Judge. Court then gave counsel Claim Construction and Jury Selection/Trial dates. (Court Reporter Shawn McRoberts) (aeb) (Entered: 10/02/2023)
9/14/2023
  • OrderGranted
ORDER granting 18 JOINT MOTION TO EXTEND THE DEADLINES TO COMPLY WITH INFRINGEMENT, INVALIDITY, AND SUBJECT-MATTER ELIGIBILITY CONTENTIONS. Signed by Magistrate Judge Roy S. Payne on 9/14/2023. (ch, ) (Entered: 09/14/2023)
9/13/2023
  • Motionby Δ
JOINT MOTION TO EXTEND THE DEADLINES TO COMPLY WITH INFRINGEMENT, INVALIDITY, AND SUBJECT-MATTER ELIGIBILITY CONTENTIONS by Chiaro Technology Limited. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 09/13/2023)
8/31/2023Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Chiaro Technology Limited (Smith, Melissa) (Entered: 08/31/2023)
8/31/2023
  • Motion for Jury Trialby Δ
DEMAND for Trial by Jury by Chiaro Technology Limited. (Smith, Melissa) (Entered: 08/31/2023)
8/31/2023
  • Answerby Δ
Defendant Chiaro Technology Limited's ANSWER to 1 Complaint , COUNTERCLAIM against Dao Health by Chiaro Technology Limited. (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)(Smith, Melissa) (Entered: 08/31/2023)
8/30/2023NOTICE of Attorney Appearance - Pro Hac Vice by Nirav N Desai on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9679570. (Desai, Nirav) (Entered: 08/30/2023)
8/29/2023NOTICE of Attorney Appearance - Pro Hac Vice by Paige Cloud on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9677888. (Cloud, Paige) (Entered: 08/29/2023)
8/29/2023NOTICE of Attorney Appearance - Pro Hac Vice by Josephine Kim on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9676588. (Kim, Josephine) (Entered: 08/29/2023)
8/25/2023NOTICE of Attorney Appearance - Pro Hac Vice by Joseph Kim on behalf of Chiaro Technology Limited. Filing fee $ 100, receipt number ATXEDC-9672619. (Kim, Joseph) (Entered: 08/25/2023)
8/18/2023ORDER - Scheduling/Case Management Conference set for 9/28/2023 at 01:30 PM before District Judge Rodney Gilstrap. Signed by Magistrate Judge Roy S. Payne on 8/17/2023. (ch, ) (Entered: 08/18/2023)
7/7/2023Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fair, Andrea) (Entered: 07/07/2023)
6/29/2023
  • Motion to Extend TimeGranted
Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Chiaro Technology Limited to 8/31/2023. 45 Days Granted for Deadline Extension.( ch, ) (Entered: 06/29/2023)
6/29/2023
  • Motion to Extend Timeby Δ
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Chiaro Technology Limited.( Smith, Melissa) (Entered: 06/29/2023)
6/22/2023
  • OrderGranted
ORDER granting 2 MOTION Dao Health's Motion for Service of Process. Signed by Magistrate Judge Roy S. Payne on 6/22/2023. (ch, ) (Entered: 06/23/2023)
6/22/2023NOTICE of Attorney Appearance by Shawn Daniel Blackburn on behalf of Dao Health (Blackburn, Shawn) (Entered: 06/22/2023)
6/22/2023NOTICE of Attorney Appearance by Bryce Thomas Barcelo on behalf of Dao Health (Barcelo, Bryce) (Entered: 06/22/2023)
6/21/2023NOTICE of Attorney Appearance by Andrea Leigh Fair on behalf of Dao Health (Fair, Andrea) (Entered: 06/21/2023)
6/21/2023SUMMONS Issued as to Chiaro Technology Limited. (ch, ) (Entered: 06/21/2023)
6/21/2023In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 06/21/2023)
6/21/2023Case assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. (ch, ) (Entered: 06/21/2023)
6/21/2023
  • Motionby Π
MOTION Dao Health's Motion for Service of Process By Mail by Dao Health. (Attachments: # 1 Proposed Order)(Xi, Meng) (Entered: 06/21/2023)
6/21/2023
  • Complaintby Π
COMPLAINT against Dao Health ( Filing fee $ 402 receipt number ATXEDC-9560263.), filed by Dao Health. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2)(Xi, Meng) (Entered: 06/21/2023)