Case details

Court: gand
Docket #: 1:07-cv-01798
Case Name: Merge Emed, Inc. v. Virtual Radiologic Corproation
PACER case #: 144894
Date filed: 2007-07-31
Date terminated: 2010-05-14
Assigned to: Judge Julie E. Carnes
Case Cause: 28:1338 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Merge eMed, Inc.
Plaintiff
a corporation organized and existing under the laws of the state of Delaware formerly known asEmed Technologies Corporation
Bryan Guy Harrison
Locke Lord LLP-ATL Terminus 200, Suite 1200 3333 Piedmont Road, NE Atlanta, GA 30305 404-870-4600 Fax: 404-872-5547 Email: bryan.harrison@lockelord.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Philip Fry
Morris Manning & Martin, LLP 1600 Atlanta Financial Center 3343 Peachtree Road NE Atlanta, GA 30326-1044 404-504-7728 Fax: 404-365-9532 Email: jfry@mmmlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Robert Harris
Morris Manning & Martin, LLP 1600 Atlanta Financial Center 3343 Peachtree Road NE Atlanta, GA 30326-1044 404-233-7000 Email: jharris@mmmlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Virtual Radiologic Corporation
Defendant
a corporation organized and existing under the laws of the state of Delaware
Daniel Arthur Kent
Kent Law, P.C. Suite 400 555 N. Point Ctr E. Alpharetta, GA 30022 404-585-4214 Fax: 404-829-2412 Email: dankent@kentrisley.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Noah C. Graubart
Fish & Richardson, P.C.-Atl 21st Floor 1180 Peachtree Street, NE Atlanta, GA 30309 404-892-5005 Fax: 404-892-5002 Email: graubart@fr.com
ATTORNEY TO BE NOTICED

Virtual Radiologic Corporation
Counter Claimant
a corporation organized and existing under the laws of the state of Delaware
Daniel Arthur Kent
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Noah C. Graubart
(See above for address)

Merge eMed, Inc.
Counter Defendant
a corporation organized and existing under the laws of the state of Delaware
Bryan Guy Harrison
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Philip Fry
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Robert Harris
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-07-31 1 0 COMPLAINT with Jury demand filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 567602.), filed by Merge Emed, Inc. (Attachments: # 1 Civil Cover Sheet)(kt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/01/2007)
2007-07-31 2 0 Summons Issued as to Virtual Radiologic Corporation. (kt) (Entered: 08/01/2007)
2007-08-01 3 0 REMARK: AO 120 form sent to Director of U.S. Patent re: 1 Complaint. (kt) (Entered: 08/01/2007)
2007-09-17 4 0 NOTICE by Virtual Radiologic Corporation of Special Appearance Prior to Service of Summons and Complaint (Kent, Daniel) (Entered: 09/17/2007)
2007-09-17 5 0 MOTION to Stay This Lawsuit Pending Reexaminations of the Patents-in-Suit by the PTO with Brief In Support by Virtual Radiologic Corporation. (Attachments: # 1 Brief Memorandum of Law in Support of Its Motion to Stay this Lawsuit Pending Reexaminations of the Patent-in-Suit by the PTO# 2 Exhibit A Pt 1# 3 Exhibit A Pt 2# 4 Exhibit A Pt 3# 5 Exhibit A Pt 4# 6 Exhibit A Pt 5# 7 Exhibit A Pt 6# 8 Exhibit B Pt 1# 9 Exhibit B Pt 2# 10 Exhibit B Pt 3# 11 Exhibit B Pt 4# 12 Exhibit B Pt 5# 13 Exhibit B Pt 6# 14 Exhibit B Pt 7)(Kent, Daniel) (Entered: 09/17/2007)
2007-09-19 6 0 NOTICE Of Filing Corrected Exhibit B by Virtual Radiologic Corporation (Attachments: # 1 Exhibit B Pt 1# 2 Exhibit B Pt 2# 3 Exhibit B Pt 3# 4 Exhibit B Pt 4# 5 Exhibit B Pt 5# 6 Exhibit B Pt 6)(Kent, Daniel) (Entered: 09/19/2007)
2007-09-25 7 0 Return of Service Executed by Merge eMed, Inc.. Virtual Radiologic Corporation served on 9/19/2007, answer due 10/9/2007. (Fry, John) (Entered: 09/25/2007)
2007-10-02 8 0 RESPONSE re 5 MOTION to Stay This Lawsuit Pending Reexaminations of the Patents-in-Suit by the PTO filed by Merge eMed, Inc.. (Fry, John) (Entered: 10/02/2007)
2007-10-09 9 0 ANSWER to Complaint with Jury Demand, COUNTERCLAIM and Affirmative Defenses against Merge eMed, Inc. with Jury Demand by Virtual Radiologic Corporation.Discovery ends on 7/7/2008.(Kent, Daniel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/09/2007)
2007-10-09 10 0 Corporate Disclosures pursuant to Rule 7.1 by Virtual Radiologic Corporation.(Kent, Daniel) (Entered: 10/09/2007)
2007-10-10 11 0 NOTICE Of Filing of Exhibit A to Defendant's Answer to Plaintiff's Complaint and Defendant's Affirmative Defenses and Counterclaims by Virtual Radiologic Corporation re 9 Answer to Complaint, Counterclaim,, (Attachments: # 1 Exhibit A)(Kent, Daniel) (Entered: 10/10/2007)
2007-10-10 12 0 Corporate Disclosures pursuant to Rule 7.1 by Merge eMed, Inc..(Fry, John) (Entered: 10/10/2007)
2007-11-01 13 0 ANSWER to 9 Counterclaim by Merge eMed, Inc.. (Attachments: # 1 Exhibit A)(Fry, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/01/2007)
2007-12-11 14 0 ORDER GRANTING Defendant's 5 Motion to Stay this Lawsuit pending Reexaminations of the Patents-In-Suit by the Patent and Trademark Office. The Clerk is directed to ADMINISTRATIVELY TERMINATE this action pending the reexaminations of the patents-in-suit. Upon conclusion of the reexamination by the Patent and Trademark Office, counsel are directed to notify the Court, within sixty days and in writing, of their conclusion. The Court will then, at that time, reopen the action. Signed by Judge Julie E. Carnes on 12/11/07. (dfb) (Entered: 12/12/2007)
2009-10-26 15 0 NOTICE Of Filing Patent Reexamination Certificates Cancelling Claims by Virtual Radiologic Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kent, Daniel) (Entered: 10/26/2009)
2010-04-12 16 0 ORDER regarding 15 Notice of Filing Patent Reexamination Certificates Cancelling Claims requesting the Court to reopen case and dismiss the case with prejudice. IT IS HEREBY ORDERED that plaintiff is directed to file, within TWENTY (20) DAYS of the date of this Order, a response indicating whether there is any opposition to defendant's proposal. A failure to respond will suggest no opposition. Signed by Judge Julie E. Carnes on 04/12/10. (fap) (Entered: 04/13/2010)
2010-04-15 17 0 NOTICE of Appearance by Noah C. Graubart on behalf of Virtual Radiologic Corporation (Graubart, Noah) (Entered: 04/15/2010)
2010-05-14 18 0 ORDER regarding 15 defendant's Notice of Filing Patent Reexamination Certificates Cancelling Claims. IT IS HEREBY ORDERED the above civil case shall be REOPENED as of the date of this Order. The Clerk is directed to DISMISS this case WITH PREJUDICE, as a result of the cancellation by the United States Patent Office, of all asserted claims in the patents at issue in this case. Signed by Judge Julie E. Carnes on 05/14/10. (fap) (Entered: 05/17/2010)