| Court: | gand |
| Docket #: | 1:01-cv-00588 |
| Case Name: | Owen Mumford USA v. Surgilance, Inc., et al |
| PACER case #: | 9393 |
| Date filed: | 2001-03-09 |
| Date terminated: | 2005-08-19 |
| Assigned to: | Judge Julie E. Carnes |
| Case Cause: | 35:281 Infringement of Patent/jurisdiction conferred 28:1338 |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Owen Mumford USA, Inc. Plaintiff |
Susan A. Cahoon Yoncha L. Kundupoglu |
| Surgilance, Inc. Defendant |
Douglas D. Salyers Kristin L Doyle James E. Schutz |
| Surgilance PTE LTD. Defendant |
Douglas D. Salyers Kristin L Doyle James E. Schutz |
| Surgilance, Inc. Counter Claimant |
Douglas D. Salyers |
| Surgilance PTE LTD. Counter Claimant |
Douglas D. Salyers |
| Owen Mumford USA, Inc. Counter Defendant |
Susan A. Cahoon |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2001-03-09 | 1 | 0 | COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 468167 (jph) (Entered: 03/15/2001) | |||
| 2001-03-27 | 2 | 0 | Return of service executed 3/12/01 as to Surgilance, Inc. on original complaint (jph) (Entered: 03/28/2001) | |||
| 2001-03-30 | 3 | 0 | Acknowledgment of service by defendant Surgilance PTE LTD. executed 3/29/01 (jph) (Entered: 04/02/2001) | |||
| 2001-03-30 | 4 | 0 | Stipulation and consent order, extending time thru 4/16/01 to answer or otherwise respond to [1-1] complaint (jph) (Entered: 04/02/2001) | |||
| 2001-04-16 | 5 | 0 | ANSWER by Surgilance, Inc., Surgilance PTE LTD. to complaint [1-1] and COUNTERCLAIM against Owen Mumford USA Discovery ends 9/13/01 (jph) (Entered: 04/16/2001) | |||
| 2001-05-01 | 6 | 0 | ANSWERS TO INITIAL DISCLOSURES by plaintiff (jph) (Entered: 05/02/2001) | |||
| 2001-05-01 | 7 | 0 | Certificate of interested persons. (to judge) (jph) (Entered: 05/02/2001) | |||
| 2001-05-02 | 8 | 0 | ANSWER by Owen Mumford USA to counterclaim [5-2] . (jph) (Entered: 05/02/2001) | |||
| 2001-05-04 | 9 | 0 | Memo by CRD that pldg 7 violates the local rule regarding font. Parties are reminded to comply w/LR 5.1B. (cc by CRD) (jph) (Entered: 05/04/2001) | |||
| 2001-05-14 | 10 | 0 | Preliminary Report and Discovery Schedule. (to judge) (lme) (Entered: 05/15/2001) | |||
| 2001-05-17 | 11 | 0 | ANSWERS TO INITIAL DISCLOSURES by defendants Surgilance, Inc., defendant Surgilance PTE LTD. (lme) (Entered: 05/18/2001) | |||
| 2001-05-25 | 12 | 0 | SCHEDULING ORDER by Judge Julie E. Carnes directing parties to submit a joint proposed scheduling order w/in 10 days w/specifications of the dispute that would necessitate an early Markman/Festo hearing, [12-1] order to be submitted on 6/15/01 (cc) (jph) (Entered: 05/29/2001) | |||
| 2001-06-11 | 13 | 0 | Joint Proposed supplemental scheduling order and Discovery Schedule. (to judge) (jph) (Entered: 08/02/2001) | |||
| 2001-07-16 | 14 | 0 | STIPULATION and PROTECTIVE ORDER ENTERED. (jph) Modified on 08/02/2001 (Entered: 07/17/2001) | |||
| 2001-07-20 | 15 | 0 | Markman Brief by plaintiff (jph) Modified on 08/02/2001 (Entered: 07/23/2001) | |||
| 2001-07-31 | 16 | 0 | Brief by defendants on Claim construction under Markman (jph) Modified on 08/02/2001 (Entered: 08/01/2001) | |||
| 2001-07-31 | 17 | 0 | Brief by defendants regarding application of Festo and prosecution History estoppel (jph) Modified on 08/02/2001 (Entered: 08/01/2001) | |||
| 2001-08-01 | 18 | 0 | ORDER by Judge Julie E. Carnes APPROVING [13-1] preliminary statement in part, approved discovery and expert discovery. Hearing deadlines set by court Discovery ends 10/31/01 (cc) (jph) (Entered: 08/02/2001) | |||
| 2001-08-13 | 19 | 0 | CONSENT ORDER by Judge Julie E. Carnes extending time to file reply brief to Markman Brief and opposition to Dft's Markman Brief until 8/17/01; Pla's brief regarding application of Festo extended to 8/17/01; and Dfts' reply to pla's Brief regarding application of Festo, extended to 8/24/01 (cc) (jph) (Entered: 08/14/2001) | |||
| 2001-08-17 | 20 | 0 | Reply brief to [15-1] response by plaintiff. (jph) (Entered: 08/17/2001) | |||
| 2001-08-17 | 21 | 0 | Brief by plaintiff regarding application of Festo and Prosecution History Estoppel (jph) (Entered: 08/17/2001) | |||
| 2001-08-24 | 22 | 0 | Reply brief to [17-1] response by defendants. (jph) (Entered: 08/27/2001) | |||
| 2001-11-27 | 23 | 0 | Application for admission of Yoncha L. Kundupoglu pro hac vice for plaintiff Owen Mumford USA (to JEC) (als) (Entered: 11/29/2001) | |||
| 2001-12-13 | 24 | 0 | MOTION by plaintiff for clarification , and to extend time to 30 days after the discovery deadline for filing dispositive motions with brief in support. (jph) (Entered: 12/14/2001) | |||
| 2001-12-28 | 25 | 0 | Objections by defendants to [24-1] motion for clarification (jph) (Entered: 12/31/2001) | |||
| 2002-01-14 | 26 | 0 | MOTION by plaintiff for partial summary judgment on infringement with brief in support. (Notice sent to counsel) (jph) Modified on 01/15/2002 (Entered: 01/15/2002) | |||
| 2002-01-14 | 27 | 0 | MOTION by plaintiff for partial summary judgment that U.S. patent 4,869,249 is not invalid with brief in support. (notice sent to counsel) (jph) Modified on 01/15/2002 (Entered: 01/15/2002) | |||
| 2002-01-14 | 28 | 0 | MOTION by plaintiff for partial summary judgment on dfts' inequitable conduct defense with brief in support. (Notice sent to counsel) (jph) (Entered: 01/15/2002) | |||
| 2002-01-14 | 29 | 0 | Statement of material facts by plaintiff in support of [26-1] motion for partial summary judgment on infringement, [27-1] motion for partial summary judgment that U.S. patent 4,869,249 is not invalid, [28-1] motion for partial summary judgment on dfts' inequitable conduct defense (jph) (Entered: 01/15/2002) | |||
| 2002-01-14 | 30 | 0 | Exhibits by plaintiff in support of [26-1] motion for partial summary judgment on infringement, [27-1] motion for partial summary judgment that U.S. patent 4,869,249 is not invalid, [28-1] motion for partial summary judgment on dfts' inequitable conduct defense (jph) Modified on 02/04/2002 (Entered: 01/15/2002) | |||
| 2002-01-14 | 31 | 0 | MOTION by defendants for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents with brief in support and statement of material facts. (notice sent to counsel) (jph) Modified on 01/15/2002 (Entered: 01/15/2002) | |||
| 2002-01-14 | 32 | 0 | MOTION by defendants for partial summary judgment on the issue of invalidity with brief in support and statement of material facts. (Notice sent to counsel) (jph) (Entered: 01/15/2002) | |||
| 2002-01-15 | 33 | 0 | First supplement to defendants' statement of material facts in support of [32-1] motion for partial summary judgment on the issue of invalidity, [31-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents (jph) (Entered: 01/16/2002) | |||
| 2002-01-17 | 34 | 0 | Notice of filing original discovery and request for filing of original discovery of Surgilance by plaintiff. (jph) (Entered: 01/18/2002) | |||
| 2002-01-24 | 35 | 0 | Notice of filing original discovery by plaintiff. (jph) (Entered: 01/25/2002) | |||
| 2002-01-30 | 36 | 0 | Notice of filing original discovery by plaintiff. (jph) (Entered: 01/31/2002) | |||
| 2002-02-01 | 37 | 0 | Notice of filing original discovery by defendants. (jph) (Entered: 02/04/2002) | |||
| 2002-02-04 | 38 | 0 | Response by plaintiff in opposition to [31-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents (jph) (Entered: 02/05/2002) | |||
| 2002-02-04 | 39 | 0 | Response by plaintiff to [32-1] motion for partial summary judgment on the issue of invalidity and to the statement of material facts (jph) Modified on 02/05/2002 (Entered: 02/05/2002) | |||
| 2002-02-04 | 40 | 0 | Brief in response by defendants to [27-1] motion for partial summary judgment that U.S. patent 4,869,249 is not invalid (jph) Modified on 02/05/2002 (Entered: 02/05/2002) | |||
| 2002-02-04 | 41 | 0 | Brief in response by defendants to [26-1] motion for partial summary judgment on infringement (jph) Modified on 02/05/2002 (Entered: 02/05/2002) | |||
| 2002-02-04 | 42 | 0 | Brief in response by defendant to [28-1] motion for partial summary judgment on dfts' inequitable conduct defense (jph) Modified on 02/05/2002 (Entered: 02/05/2002) | |||
| 2002-02-04 | 43 | 0 | Responses by defendants to [29-1] statement of undisputed material facts (jph) (Entered: 02/05/2002) | |||
| 2002-02-05 | 44 | 0 | Response by plaintiff to [31-1] statement of material facts in support of motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents (W/portion filed under seal) (jph) Modified on 02/07/2002 (Entered: 02/07/2002) | |||
| 2002-02-11 | 45 | 0 | CONSENT ORDER by Judge Julie E. Carnes, extending time thru 2/5/02 for pla to file it's response to dft's statement of material facts as to the [31-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents (cc) (fmm) (Entered: 02/12/2002) | |||
| 2002-02-19 | 46 | 0 | REPLY by plaintiff to response to [27-1] motion for partial summary judgment that U.S. patent 4,869,249 is not invalid (jph) (Entered: 02/20/2002) | |||
| 2002-02-19 | 47 | 0 | REPLY by plaintiff to response to [28-1] motion for partial summary judgment on dfts' inequitable conduct defense (jph) (Entered: 02/20/2002) | |||
| 2002-02-19 | 48 | 0 | REPLY by plaintiff to response to [26-1] motion for partial summary judgment on infringement w/exhibits (jph) (Entered: 02/20/2002) | |||
| 2002-02-19 | 49 | 0 | REPLY by defendants to response to [32-1] motion for partial summary judgment on the issue of invalidity (jph) (Entered: 02/20/2002) | |||
| 2002-02-19 | 50 | 0 | REPLY by defendants to response to [31-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents (jph) (Entered: 02/20/2002) | |||
| 2002-06-17 | 51 | 0 | BRIEF notifying court of the reversal of Festo and MOTION by plaintiff for leave to re-brief application of prosecution history estoppel to assertion of infringement under the doctrine of equivalents with brief in support. (jph) (Entered: 06/18/2002) | |||
| 2002-07-01 | 52 | 0 | Response by defendant to [51-1] motion for leave to re-brief application of prosecution history estoppel to assertion of infringement under the doctrine of equivalents and [21-1] brief notifying the Court of the reversal of festo (jph) (Entered: 07/02/2002) | |||
| 2002-09-30 | 53 | 0 | ORDER by Judge Julie E. Carnes DENYING AS MOOT the [24-1] motion for clarification by Owen Mumford USA, DENYING AS MOOT the [24-2] motion to extend time to 30 days after the discovery deadline for filing dispositive motions by Owen Mumford USA, GRANTING [27-1] motion for partial summary judgment that U.S. patent 4,869,249 is not invalid, GRANTING [28-1] motion for partial summary judgment on dfts' inequitable conduct defense, DENYING [32-1] motion for partial summary judgment on the issue of invalidity by Surgilance PTE LTD., Surgilance, Inc., DENYING w/o prejudice [26-1] motion for partial summary judgment on infringement by Owen Mumford USA, DENYING w/o prejudice [31-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents by Surgilance PTE LTD., Surgilance, Inc., GRANTING [51-1] motion for leave to re-brief application of prosecution history estoppel to assertion of infringement under the doctrine of equivalents, (cc) (jph) (Entered: 10/01/2002) | |||
| 2002-10-15 | 54 | 0 | MOTION by defendants requesting reconsideration of [53-1] order granting summary judgment of validity with brief in support. (jph) (Entered: 10/17/2002) | |||
| 2002-10-15 | 55 | 0 | MOTION by defendants requesting reconsideration of the Court's claim construction in [53-1] order with brief in support. (jph) (Entered: 10/17/2002) | |||
| 2002-10-15 | 56 | 0 | RENEWED MOTION by defendants for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents in view of the Court's claim construction in its September 30, 2002 order with brief in support. (Notice sent to counsel) (jph) (Entered: 10/17/2002) | |||
| 2002-10-29 | 57 | 0 | Plaintiff's opposition to [55-1] motion requesting reconsideration of the Court's claim construction in [53-1] order (jph) (Entered: 10/30/2002) | |||
| 2002-10-29 | 58 | 0 | Response by plaintiff to [54-1] motion requesting reconsideration of [53-1] order granting summary judgment of validity (jph) (Entered: 10/30/2002) | |||
| 2002-10-29 | 59 | 0 | MOTION by plaintiff to strike affidavit of Stephen P. Lisak with brief in support. (jph) (Entered: 10/30/2002) | |||
| 2002-11-04 | 60 | 0 | Response by plaintiff in opposition to [56-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents in view of the Court's claim construction in its September 30, 2002 order (jph) (Entered: 11/05/2002) | |||
| 2002-11-13 | 61 | 0 | Defendants' opposition to [59-1] motion to strike affidavit of Stephen P. Lisak (jph) (Entered: 11/14/2002) | |||
| 2002-11-13 | 62 | 0 | REPLY by defendants to response to [54-1] motion requesting reconsideration of [53-1] order granting summary judgment of validity (jph) (Entered: 11/14/2002) | |||
| 2002-11-13 | 63 | 0 | REPLY by defendants to response to [55-1] motion requesting reconsideration of the Court's claim construction in [53-1] order (jph) (Entered: 11/14/2002) | |||
| 2002-11-19 | 64 | 0 | Reply brief in support of [56-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents in view of the Court's claim construction in its September 30, 2002 order by defendant. (jph) (Entered: 11/20/2002) | |||
| 2002-11-27 | 65 | 0 | REPLY by plaintiff to response to [59-1] motion to strike affidavit of Stephen P. Lisak (jph) (Entered: 12/02/2002) | |||
| 2002-11-27 | 66 | 0 | RENEWED MOTION by plaintiff for partial summary judgment on lateral infringement with brief in support and supplemental statement of material facts. (Notice sent to Counsel) (jph) (Entered: 12/02/2002) | |||
| 2003-01-02 | 67 | 0 | CONSENT ORDER by Judge Julie E. Carnes, extending time thru 12/24/02 to respond to [66-1] motion for partial summary judgment on lateral infringement (cc) (jph) (Entered: 01/02/2003) | |||
| 2003-01-02 | 68 | 0 | CONSENT ORDER by Judge Julie E. Carnes, extending time thru 1/10/03 for defendants to respond to [66-1] motion for partial summary judgment on lateral infringement (cc) (adg) (Entered: 01/03/2003) | |||
| 2003-01-15 | 69 | 0 | CONSENT ORDER by Judge Julie E. Carnes, extending time for dfts to respond to [66-1] motion for partial summary judgment on lateral infringement , [66-1] motion for partial summary judgment on lateral infringement to be submitted on 1/27/03 (cc) (jph) (Entered: 01/16/2003) | |||
| 2003-01-23 | 70 | 0 | Response by defendants to [66-1] supplemental motion for partial summary judgment on lateral infringement and response to pla's supplemental statement of undisputed material facts. (ck) (Entered: 01/24/2003) | |||
| 2003-02-12 | 71 | 0 | REPLY by plaintiff to dfts' response to [66-1] motion for partial summary judgment on lateral infringement (jph) (Entered: 02/13/2003) | |||
| 2003-02-13 | 72 | 0 | CONSENT ORDER by Judge Julie E. Carnes, extending time thru 2/12/03 for plaintiff to reply to defendants' [70-1] response to plaintiff's [66-1] motion for partial summary judgment on lateral infringement (cc) (adg) (Entered: 02/14/2003) | |||
| 2003-09-03 | 73 | 0 | ORDER by Judge Julie E. Carnes DENYING [54-1] motion requesting reconsideration of [53-1] order granting summary judgment of validity by Surgilance PTE LTD., Surgilance, Inc., GRANTING IN PART AND DENYING IN PART [55-1] motion requesting reconsideration of the Court's claim construction in [53-1] order by Surgilance PTE LTD., Surgilance, Inc., DENYING [56-1] motion for partial summary judgment on the issues of literal infringement and infringement under the doctrine of equivalents in view of the Court's claim construction in its September 30, 2002 order by Surgilance PTE LTD., Surgilance, Inc., DENYING AS MOOT [56-2], GRANTING IN PART AND DENYING IN PART [59-1] motion to strike affidavit of Stephen P. Lisak by Owen Mumford USA, GRANTING [66-1] motion for partial summary judgment on lateral infringement (cc by CRD) (jph) (Entered: 09/05/2003) | |||
| 2003-09-03 | 74 | 0 | ORDER by Judge Julie E. Carnes directing parties to file their proposed pre-trial order by 10/20/03 (cc by CRD) (jph) (Entered: 09/05/2003) | |||
| 2003-09-26 | 75 | 0 | MOTION by plaintiff for entry of final judgment that dfts are liable for patent infringement , and for permanent injunction with brief in support. (jph) (Entered: 09/29/2003) | |||
| 2003-10-10 | 76 | 0 | Memorandum of Law by defendants in opposition to the [75-1] motion for entry of final judgment that dfts are liable for patent infringement and [75-2] motion for permanent injunction (aaq) (Entered: 10/14/2003) | |||
| 2003-10-10 | 77 | 0 | MOTION by defendants for entry of 1292(c)(2) judgment with Memorandum of Law in support. (aaq) (Entered: 10/14/2003) | |||
| 2003-10-10 | 78 | 0 | MOTION by defendants to stay proceedings pending appeal with Memorandum of Law in support. (aaq) (Entered: 10/14/2003) | |||
| 2003-10-10 | 79 | 0 | Declaration of Patrick Yi filed by defendants. (aaq) (Entered: 10/14/2003) | |||
| 2003-10-16 | 80 | 0 | Memo by CRD, STAYING the submission of the pto until court rules on pending motions (cc by CRD) (jph) (Entered: 10/17/2003) | |||
| 2003-10-27 | 81 | 0 | Response by plaintiff to [77-1] motion for entry of 1292(c)(2) judgment (jph) (Entered: 10/28/2003) | |||
| 2003-10-27 | 82 | 0 | Reply brief in support of [75-1] motion for entry of final judgment that dfts are liable for patent infringement, [75-2] motion for permanent injunction by plaintiff with Exhibit Book II with part of it filed UNDER SEAL. (jph) Modified on 10/28/2003 (Entered: 10/28/2003) | |||
| 2003-10-27 | 83 | 0 | Plaintiff's opposition to [78-1] motion to stay proceedings pending appeal with Exhibit book II included in pleadings [82-1] with part of it filed UNDER SEAL. (jph) Modified on 10/28/2003 (Entered: 10/28/2003) | |||
| 2003-10-28 | 84 | 0 | Notice of filing original discovery by plaintiff. (jph) (Entered: 10/29/2003) | |||
| 2003-10-28 | 85 | 0 | Deposition of HUGH D. COOPER, JR. taken for plaintiff. (jph) (Entered: 10/29/2003) | |||
| 2003-11-10 | 86 | 0 | Reply memorandum of law in support of [77-1] motion for entry of 1292(c)(2) judgment by defendants. (jph) (Entered: 11/12/2003) | |||
| 2003-11-10 | 87 | 0 | Reply memorandum in support of [78-1] motion to stay proceedings pending appeal by defendants. (jph) (Entered: 11/12/2003) | |||
| 2004-05-13 | 88 | 0 | RENEWED MOTION by plaintiff for entry of final judgment that dft's are liable for patent infringement and for entry of permanent injunction with exhibit A in support. (jlm) (Entered: 05/17/2004) | |||
| 2004-05-27 | 89 | 0 | MEMORANDUM IN OPPOSITION by defendant to pla's [88-1] renewed motion for entry of final judgment that dft's are liable for patent infringement and [88-2] motion for entry of permanent injunction (jlm) (Entered: 05/28/2004) | |||
| 2004-06-22 | 90 | 0 | ORDER by Judge Julie E. Carnes GRANTING [88-1] motion for entry of final judgment that dft's are liable for patent infringement, GRANTING [88-2] motion for entry of permanent injunction, DENYING [78-1] motion to stay proceedings pending appeal by Surgilance, Inc., Surgilance PTE LTD., GRANTING [77-1] motion for entry of 1292(c)(2) judgment, GRANTING [75-1] motion for entry of final judgment that dfts are liable for patent infringement, GRANTING [75-2] motion for permanent injunction (cc) (jlm) (Entered: 06/23/2004) | |||
| 2004-06-22 | 91 | 0 | ORDER by Judge Julie E. Carnes, directing permanent injunction against dfts Court finds that the U.S. Patent No. 4,869,249 ("249 Patent") is valid and that dft's One-Step lancet infringes the 249 Patent and dfts' are liable to plaintiff for such infringement. Clerk is directed to enter final judgment. (See order for specifics) Dft's are to file an accounting of inventory, sales and certification within 20 days of this order. (cc by CRD) (jlm) Modified on 06/23/2004 (Entered: 06/23/2004) | |||
| 2004-06-22 | 92 | 0 | ORDER by Judge Julie E. Carnes directing entry of 1292 (c)(2) Judgment and Judgment pursuant to FRCP 58. (cc) (jlm) (Entered: 06/23/2004) | |||
| 2004-06-22 | 93 | 0 | JUDGMENT ENTERED for plaintiff against defendants. Dfts' One-Step lancet infringes upon pla's U.S. Patent No. 4,869,249 patent ("249 patent") and dft's are liable to pla for such infringement. Permanent injunction is entered regarding the '249 patent as per the order of permanent injunction filed on 6/22/04. It is further ordered and adjudged that final jgm is entered pursuant to FRCP 58 and 28 USC 1292(c)(2) and judgment is final except for an accounting. (jlm) (Entered: 06/23/2004) | |||
| 2004-07-12 | 94 | 0 | NOTICE Of Filing Declaration of Patrick Yi by dfts' Surgilance PTE LTD. and Surgilance, Inc. (jlm) (Entered: 07/15/2004) | |||
| 2004-07-22 | 95 | 0 | NOTICE OF APPEAL as to Orders 92 , 73 , 91 , 93 , 90 and Judgment 53 by Defendants Surgilance PTE LTD., Surgilance, Inc. Transcript Order Form due on 8/5/2004 (Federal Transcript Order form mailed to counsel for Defendants)(ckd) (Entered: 07/27/2004) | |||
| 2004-07-27 | 96 | 0 | Appeal Fees received $ 255 receipt number 525001 re: 95 Notice of Appeal filed by Defendants, Surgilance, Inc., Surgilance PTE LTD. Case Appealed to Federal Circuit. (ckd) (Entered: 07/27/2004) | |||
| 2004-08-09 | 97 | 0 | USCA Acknowledgment for 95 Notice of Appeal filed by Surgilance, Inc., Surgilance PTE LTD. Case Appealed to US Court of Appeals Federal Circuit Case Number 04-1505. (ckd) (Entered: 08/13/2004) | |||
| 2005-06-09 | 98 | 0 | Copy of JUDGMENT of Federal Circuit Court REMANDING to the District Court for entry of judgment of non-infringment re: 95 Notice of Appeal filed by Surgilance, Inc., Surgilance PTE LTD. Case Appealed to United States Court of Appeals for the Federal Circuit Case Number 04-1505. (ddm) (Entered: 06/15/2005) | |||
| 2005-06-30 | 99 | 0 | Certified copy of JUDGMENT of USCA Reversing and Remanding the decision of the District Court re: 95 Notice of Appeal filed by Surgilance, Inc., Surgilance PTE LTD. Case Appealed to USCA Federal Circuit Case Number 04-1505. (ddm) (Entered: 07/05/2005) | |||
| 2005-07-19 | 100 | 0 | NOTICE directing the parties to submit, within TWENTY (20) days, a proposed judgment. (kb) (Entered: 07/19/2005) | |||
| 2005-07-29 | 101 | 0 | Mail Returned as Undeliverable. 100 Notice addressed to Yoncha L. Kundupoglu at Kilpatrick Stockton returned stating "Return To Sender, No Longer At This Address". (ddm) (Entered: 08/01/2005) | |||
| 2005-08-08 | 102 | 0 | NOTICE of Appearance by James E. Schutz on behalf of all defendants (Schutz, James) (Entered: 08/08/2005) | |||
| 2005-08-08 | 103 | 0 | NOTICE Of Filing Proposed Order Directing Entry of Judgment Pursuant to Fed. R. Civ. P. 58 by Surgilance, Inc., Surgilance PTE LTD. re 100 Notice (Other) (Attachments: # 1 Exhibit Ex. A Proposed Order Directing Entry of Judgment Pursuant to Fed. R. Civ. P. 58)(Schutz, James) (Entered: 08/08/2005) | |||
| 2005-08-19 | 104 | 0 | ORDER directing thatthe blood sampling devices sold, offered for sale, marketed and distributed by Defendants under the name "One-Step" do not infringe upon Plaintiff's U.S. Patent No. 4,869,249 patent ("249 patent"). The prior judgment entered by this Court on June 22, 2004 is hereby vacated. The Order directing Permanent Injunction, entered June 22, 2004 is hereby vacated. All One-Step lancets, or other Surgilance devices, placed in escrow pursuant to this Court's June 22, 2004 Order directing Permanent Injunction are hereby released back to Surgilance. Costs are hereby awarded to Surgilance as provided by Local Rule 54.1. The Clerk is hereby directed to enter final judgment pursuant to Fed.R.Civ.P. 58. Signed by Judge Julie E. Carnes on 8/17/05. (ddm) (Entered: 08/24/2005) | |||
| 2005-08-24 | 105 | 0 | CLERK'S JUDGMENT entered pursuant to Fed.R.Civ.P. 58. (ddm) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/24/2005) | |||
| 2005-09-07 | 106 | 0 | Order STRIKING Attorney Yoncha L. Kundupoglu as counsel for plaintiff. Yoncha L. Kundupoglu terminated. Signed by Judge Julie E. Carnes on 09/07/05. (kb) Additional attachment(s) added on 9/7/2005 (ddm). (Entered: 09/07/2005) | |||
| 2005-09-08 | 107 | 0 | BILL OF COSTS by Surgilance, Inc., Surgilance PTE LTD.. (Attachments: # 1 Affidavit of Douglas D. Salyers in Support of Defendants' Bill of Costs# 2 Exhibit Exhibits A-F to Affidavit of Douglas Salyers)(Schutz, James) (Entered: 09/08/2005) | |||
| 2005-09-12 | 108 | 0 | Costs Taxed in amount of $ $21,543.55 against Plaintiff. (ddm) (Entered: 09/12/2005) | |||
| 2005-09-19 | 109 | 0 | MOTION for Costs Seeking Review of Taxation of Costs with Brief In Support by Owen Mumford USA, Inc.. (Cahoon, Susan) (Entered: 09/19/2005) | |||
| 2005-10-05 | 110 | 0 | Joint MOTION to Withdraw Plaintiff's Motion Seeking Review of Taxation of Costs 109 MOTION for Costs Seeking Review of Taxation of Costs by Surgilance, Inc., Surgilance PTE LTD.. (Schutz, James) (Entered: 10/05/2005) | |||
| 2005-11-02 | 111 | 0 | ORDER withdrawing 109 Motion for Costs and granting 110 Motion for Miscellaneous Relief (Withdrawal Plaintiff's Motion Seeking Review of Taxation of Costs). Signed by Judge Julie E. Carnes on 11/02/05. (kb) (Entered: 11/03/2005) |