| Court: | cacd |
| Docket #: | 8:10-cv-01014 |
| Case Name: | Phygen LLC v. Omni Surgical LP |
| PACER case #: | 476793 |
| Date filed: | 2010-07-02 |
| Date terminated: | 2011-10-21 |
| Assigned to: | Judge Mariana R. Pfaelzer |
| Referred to: | Magistrate Judge Marc L. Goldman |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Phygen LLC Plaintiff a California limited liability company formerly known asAllez Spine LLC |
Brian Paul Park James W Hill , MD Jennifer Kalnins Temple Michael R O'Neill |
| Omni Surgical LP Defendant a Texas domestic limited partnership doing business asSpine 360 |
Gregory S Donahue John K Buche Sean Michael Sullivan |
| Omni Surgical LP Counter Claimant a Texas domestic limited partnership doing business asSpine 360 |
Gregory S Donahue John K Buche Sean Michael Sullivan |
| Phygen LLC Counter Defendant a California limited liability company |
Brian Paul Park James W Hill , MD Jennifer Kalnins Temple Michael R O'Neill |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-07-02 | 1 | 0 | COMPLAINT against Defendant Omni Surgical LP. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Marc L. Goldman.(Filing fee $ 350 Paid). Jury Demanded. Filed by Plaintiff Phygen LLC.(lwag) (lwag). (Entered: 07/06/2010) | |||
| 2010-07-02 | 2 | 0 | CERTIFICATE of Interested Parties filed by Plaintiff Phygen LLC. (lwag) (lwag). (Entered: 07/06/2010) | |||
| 2010-07-02 | 3 | 0 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Phygen LLC. (lwag) (Entered: 07/06/2010) | |||
| 2010-07-12 | 4 | 0 | INITIAL ORDER by Judge James V. Selna Following Filed of Complaint Assigned to Judge Selna. (nbo) (Entered: 07/13/2010) | |||
| 2010-08-09 | 5 | 0 | NOTICE OF ERRATA filed by Plaintiff Phygen LLC. correcting Complaint - (Discovery), Complaint - (Discovery) 1 Notice of Errata re Corrected Complaint (to include inadvertently omitted Exhibit A) for Patent Infringement and Demand for Jury Trial (Attachments: # 1 Exhibit Attachment 1 to Notice of Errata)(O'Neill, Michael) (Entered: 08/09/2010) | |||
| 2010-08-09 | 6 | 0 | ORDER by Judge James V. Selna: Setting Rule 26(f) Scheduling Conference for 10/4/2010 11:30 AM before Judge James V. Selna. (mt) (Entered: 08/09/2010) | |||
| 2010-08-17 | 7 | 0 | WAIVER OF SERVICE Returned Executed filed by Plaintiff Phygen LLC. upon All Defendants. Waiver of Service signed by Raymond M. Galasso. (O'Neill, Michael) (Entered: 08/17/2010) | |||
| 2010-08-17 | 8 | 0 | NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Phygen LLC, upon Defendant All Defendants. Acknowledgment of Service signed by Raymond M. Galasso, Attorney. (O'Neill, Michael) (Entered: 08/17/2010) | |||
| 2010-08-18 | 9 | 0 | ORIGINAL SUMMONS RETURNED filed by Plaintiff Phygen LLC. (db) (Entered: 08/19/2010) | |||
| 2010-09-27 | 10 | 0 | NOTICE of Appearance filed by attorney Brian Paul Park on behalf of Plaintiff Phygen LLC (Park, Brian) (Entered: 09/27/2010) | |||
| 2010-09-27 | 11 | 0 | NOTICE of Appearance filed by attorney John K Buche on behalf of Defendant Omni Surgical LP (Buche, John) (Entered: 09/27/2010) | |||
| 2010-09-27 | 12 | 0 | NOTICE of Appearance filed by attorney Sean Michael Sullivan on behalf of Defendant Omni Surgical LP (Sullivan, Sean) (Entered: 09/27/2010) | |||
| 2010-09-27 | 13 | 0 | APPLICATION for attorney Gregory Stephen Donahue to Appear Pro Hac Vice (PHV Fee of $275 receipt number 0973-7575269 paid.) filed by defendant Omni Surgical LP. (Attachments: # 1 Certificate of Good Standing from the State Bar of Texas, dated September 10, 2010, # 2 Proposed Order)(Buche, John) (Entered: 09/27/2010) | |||
| 2010-09-27 | 14 | 0 | JOINT RULE 26(F) REPORT filed by Plaintiff Phygen LLC. (O'Neill, Michael) (Entered: 09/27/2010) | |||
| 2010-09-29 | 15 | 0 | Notice of Interested Parties filed by Defendant Omni Surgical LP, identifying None. (Buche, John) (Entered: 09/29/2010) | |||
| 2010-09-29 | 16 | 0 | MINUTE ORDER IN CHAMBERS by Judge James V. Selna. The Scheduling Conference set for 10/04/10 is hereby continued to 10/18/2010 at 11:30 AM before Judge James V. Selna. (nbo) (Entered: 09/29/2010) | |||
| 2010-09-29 | 17 | 0 | ORDER by Judge James V. Selna: granting 13 Application to Appear Pro Hac Vice by Attorney Gregory S. Donahue on behalf of defendant Omni Surgical, LP d/b/a Spine 360, designating John K. Buche as local counsel. (nca) (Entered: 09/30/2010) | |||
| 2010-09-29 | 18 | 0 | ANSWER to Complaint - (Discovery). COUNTERCLAIMS against Phygen LLC. Filed by Defendants Omni Surgical LP.(ade) (Entered: 09/30/2010) | |||
| 2010-09-29 | 19 | 0 | PROOF OF SERVICE Answer and Counterclaims. Filed by defendants Omni Surgical LP, served on 9/29/10. (ade) (Entered: 09/30/2010) | |||
| 2010-09-30 | 20 | 0 | ORDER TRANSFERRING CIVIL ACTION pursuant to Section 3.1 of General Order 08-05. ORDER case transferred from Judge James V. Selna to the calendar of Judge Mariana R. Pfaelzer for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV10-01014 MRP (MLGx). Signed by Judge James V. Selna. (ade) (Entered: 10/04/2010) | |||
| 2010-10-07 | 21 | 0 | MINUTES IN CHAMBERS by Judge Mariana R. Pfaelzer. The Court on its own motion vacates the initial order 4 , the minute order setting the Scheduling Conference 6 and vacates the Scheduling Conference 16 set for Monday October 18, 2010 at 11:30 a.m. (lom) (Entered: 10/08/2010) | |||
| 2010-10-08 | 22 | 0 | DEMAND for Jury Trial filed by defendant Omni Surgical LP.. (Buche, John) (Entered: 10/08/2010) | |||
| 2010-10-15 | 23 | 0 | AMENDED ANSWER AND COUNTERCLAIM to Answer and Counterclaim 18 filed by Defendant Omni Surgical LP. (lom) (lom). (Entered: 10/18/2010) | |||
| 2010-10-15 | 24 | 0 | PROOF OF SERVICE of Amended Answer and Counterclaims 23 filed by Defendant/Counterclaimant Omni Surgical LP, served upon James W. Hill by mail on 10/15/10. (lom) (Entered: 10/18/2010) | |||
| 2010-10-18 | 25 | 0 | NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Reexamination filed by defendant Omni Surgical LP. Motion set for hearing on 11/15/2010 at 11:00 AM before Judge Mariana R. Pfaelzer. (Attachments: # 1 Memorandum of Points and Authorities in Support of Omni Surgical's Motion to Stay Pending Inter Partes Reexamination, # 2 Declaration of Gregory S. Donahue in Support of Omni Surgical's Motion to Stay Pending Inter Partes Reexamination, # 3 Exhibit 1 to Declaration of Gregory S. Donahue, # 4 Exhibit 2 to Declaration of Gregory S. Donahue, # 5 Exhibit 3 to Declaration of Gregory S. Donahue, # 6 Exhibit 4 to Declaration of Gregory S. Donahue, # 7 Exhibit 5 to Declaration of Gregory S. Donahue, # 8 Exhibit 6 to Declaration of Gregory S. Donahue, # 9 Exhibit 7 to Declaration of Gregory S. Donahue, # 10 Exhibit 8 to Declaration of Gregory S. Donahue, # 11 Exhibit 9 to Declaration of Gregory S. Donahue, # 12 Exhibit 10 to Declaration of Gregory S. Donahue, # 13 Exhibit 11 to Declaration of Gregory S. Donahue, # 14 Declaration of David Janice in Support of Omni Surgical's Motion to Stay Pending Inter Partes Reexamination, # 15 Proposed Order, # 16 Proof of Service)(Buche, John) (Entered: 10/18/2010) | |||
| 2010-10-22 | 26 | 0 | NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Defendant Omni Surgical LP, Plaintiff Phygen LLC. (Attachments: # 1 Proposed Order Order Re: Settlement Procedure Selection: Request and Notice)(O'Neill, Michael) (Entered: 10/22/2010) | |||
| 2010-10-25 | 27 | 0 | STIPULATION to Stay Case pending Re-examination filed by Plaintiff Phygen LLC. (Attachments: # 1 Proposed Order Proposed Stipulated Order Staying Case Pending Inter Partes Reexamination)(O'Neill, Michael) (Entered: 10/25/2010) | |||
| 2010-10-28 | 28 | 0 | Phygen, LLC's Answer to Omni Surgical, L.P.'s Amended Counterclaims and Demand for Jury Trial ANSWER to Answer to Complaint (Discovery), Counterclaim 18 filed by Counter-defendant Phygen LLC.(O'Neill, Michael) (Entered: 10/28/2010) | |||
| 2010-10-27 | 29 | 0 | ORDER Granting Stipulation to Stay Case Pending Inter Partes ReExamination 27 by Judge Mariana R. Pfaelzer. The Court ORDERS as follows: 1. All proceedings in this case are stayed and all future hearing dates and other deadlines are vacated until the conclusion of the pending reexamination proceedings related to the patent in suit, U.S. Patent No. 7,678,139, before the United States Patent and Trademark Office; 2. The hearing on defendant Omni Surgical, L.P.'s pending motion to stay 25 currently scheduled for November 15, 2010, at 11:00 a.m. in this Court, is hereby taken off-calendar; and 3. The parties shall keep the Court informed and updated regarding developments in the reexamination proceedings by filing ECF notices attaching documents concerning the reexamination. In the ordinary course, such notices shall be filed by the Plaintiffs. If the Plaintiffs have not filed a document within seven days of its entry in the reexamination docket, the Defendants shall file the document with the Court. (lom) Modified on 10/28/2010 (lom). (Entered: 10/28/2010) | |||
| 2010-12-22 | 30 | 0 | NOTICE filed by Plaintiff Phygen LLC. Notice of Filing re Reexamination (Attachments: # 1 Exhibit)(O'Neill, Michael) (Entered: 12/22/2010) | |||
| 2011-01-11 | 31 | 0 | NOTICE Notice of Filing re Reexamination filed by plaintiff Phygen LLC. Notice of Filing re Reexamination (Attachments: # 1 Exhibit Exhibit A to Notice of Filing re Reexamination)(O'Neill, Michael) (Entered: 01/11/2011) | |||
| 2011-04-12 | 32 | 0 | NOTICE of Appearance filed by attorney Michael R O'Neill on behalf of Plaintiff Phygen LLC, Counter Defendant Phygen LLC (O'Neill, Michael) (Entered: 04/12/2011) | |||
| 2011-04-12 | 33 | 0 | NOTICE Notice of Filing re Reexamination filed by plaintiff Phygen LLC. Notice of Filing re Reexamination (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(O'Neill, Michael) (Entered: 04/12/2011) | |||
| 2011-04-21 | 34 | 0 | MINUTES OF IN CHAMBERS - TELEPHONIC CONFERENCE CALL held before Judge Mariana R. Pfaelzer. Court and counsel discuss the re-exam and the status of the case. Counsel should immediately advise the Court of any change in status. The Court and parties will revisit the status of the case in 90 days. Court Reporter: Wil Wilcox. (lom) (Entered: 04/26/2011) | |||
| 2011-05-12 | 35 | 0 | NOTICE Notice of Filing re Reexamination filed by Plaintiff Phygen LLC. Notice of Filing Re Reexamination (Attachments: # 1 Exhibit Exhibit A to Notice of Filing re Reexamination, # 2 Exhibit Exhibit B to Notice of Filing re Reexamination)(Kalnins Temple, Jennifer) (Entered: 05/12/2011) | |||
| 2011-06-10 | 36 | 0 | NOTICE of Change of Attorney Information for attorney Brian Paul Park counsel for Counter Defendant Phygen LLC.Brian Park is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Attorney Brian Park (Park, Brian) (Entered: 06/10/2011) | |||
| 2011-07-14 | 37 | 0 | NOTICE of Change of Attorney Information for attorney Michael R O'Neill counsel for Plaintiff Phygen LLC, Counter Defendant Phygen LLC.Michael R. O'Neill is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff and Cross-Defendant Phygen, LLC (O'Neill, Michael) (Entered: 07/14/2011) | |||
| 2011-07-14 | 38 | 0 | NOTICE filed by plaintiff Phygen LLC. Notice of Filing re Reexamination (Attachments: # 1 Exhibit Exhibit A to Notice of Filing re Reexamination)(Kalnins Temple, Jennifer) (Entered: 07/14/2011) | |||
| 2011-08-12 | 39 | 0 | NOTICE Notice of Filing re Reexamination filed by Plaintiff Phygen LLC. Notice of Filing re Reexamination (Attachments: # 1 Exhibit Exhibit "A")(Kalnins Temple, Jennifer) (Entered: 08/12/2011) | |||
| 2011-09-30 | 40 | 0 | NOTICE Notice of Filing re Reexamination filed by Plaintiff Phygen LLC. Notice of Filing re Reexamination (Attachments: # 1 Exhibit Exhibit A)(Kalnins Temple, Jennifer) (Entered: 09/30/2011) | |||
| 2011-09-30 | 41 | 0 | NOTICE of Change of Attorney Information for attorney Sean Michael Sullivan counsel for Counter Claimant Omni Surgical LP, Defendant Omni Surgical LP. Changing Address and Firm Name to Attorney: Gregory S. Donahue. Firm: Davis Miles PLLC. Address: 7000 North Mopac Expressway, Second Floor, Austin, Texas 78731. Changing e-mail and fax to gdonahue@davismiles.com - Fax: 512-306-8559. Adding Gregory S. Donahue as attorney as counsel of record for Defendant for the reason indicated in the G-06 Notice. Filed by Defendant Omni Surgical, LP d/b/a Spine 360 (Sullivan, Sean) (Entered: 09/30/2011) | |||
| 2011-10-20 | 42 | 0 | Joint STIPULATION to Dismiss Case pursuant to All claims of patent-in-suit invalidated in reexamination. filed by Plaintiff Phygen LLC. (Attachments: # 1 Proposed Order)(Kalnins Temple, Jennifer) (Entered: 10/20/2011) | |||
| 2011-10-21 | 43 | 0 | ORDER Granting Stipulation to Dismiss Case 42 by Judge Mariana R. Pfaelzer. IT IS HEREBY ORDERED as follows:1. Plaintiff Phygen, LLC's ("Phygen") claims against defendant Omni Surgical, L.P., dba Spine 360 ("Omni Surgical") are hereby dismissed with prejudice, including any and all claims related to any reexamination certificate involving the patent-in-suit (United States Patent No. 7,678,139), with each party bearing its own costs and expenses regarding the same; and 2. Omni Surgical's counterclaims against Phygen are hereby dismissed with prejudice, with each party bearing its own costs and expenses regarding the same. (Made JS-6. Case Terminated.) (lom) (Entered: 10/24/2011) | |||
| 2011-10-24 | 44 | 0 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Order) (lom) (Entered: 10/24/2011) |