| Court: | tnwd |
| Docket #: | 2:13-cv-02281 |
| Case Name: | AngleFix, Tech, LLC. v. Smith & Nephew, Inc. |
| PACER case #: | 64601 |
| Date filed: | 2013-05-06 |
| Date terminated: | 2014-07-01 |
| Assigned to: | Judge Jon Phipps McCalla |
| Referred to: | Magistrate Judge Tu M. Pham |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| AngleFix Tech, LLC Plaintiff |
Joseph Jude Zito |
| Smith & Nephew, Inc. Defendant |
Christy G. Lea Benjamin B. Anger Joseph R. Re Mark Vorder-Bruegge , Jr. |
| AngleFix Tech, LLC Counter Defendant |
Joseph Jude Zito |
| Smith & Nephew, Inc. Counter Claimant |
Christy G. Lea Benjamin B. Anger Joseph R. Re Mark Vorder-Bruegge , Jr. |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-05-06 | 1 | 0 | COMPLAINT against Smith & Nephew, Inc. (Filing fee $ 400 receipt number 0651-1691704), filed by AngleFix, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Zito, Joseph) (Entered: 05/06/2013) | |||
| 2013-05-06 | 2 | 0 | Per Administrative Order 12-06, Chief Judge Jon Phipps McCalla and Magistrate Judge Tu M. Pham added. (jae) (Entered: 05/06/2013) | |||
| 2013-05-06 | 3 | 0 | Summons Issued as to Smith & Nephew, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (ac) (Entered: 05/06/2013) | |||
| 2013-05-07 | 4 | 0 | Corporate Disclosure Statement by AngleFix, Inc.. (Zito, Joseph) (Entered: 05/07/2013) | |||
| 2013-05-07 | 5 | 0 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,955,677; . (Zito, Joseph) (Entered: 05/07/2013) | |||
| 2013-06-12 | 6 | 0 | WAIVER OF SERVICE Returned Executed by AngleFix, Inc.. Smith & Nephew, Inc. waiver sent on 5/7/2013, answer due 7/8/2013. (Zito, Joseph) (Entered: 06/12/2013) | |||
| 2013-07-02 | 7 | 0 | NOTICE of Appearance by Mark Vorder-Bruegge, Jr on behalf of Smith & Nephew, Inc. (Vorder-Bruegge, Mark) (Entered: 07/02/2013) | |||
| 2013-07-03 | 8 | 0 | MOTION for Extension of Time to File Answer Unopposed Motion (Including Memorandum) to Enlarge Time for Defendant's Response to Complaint (With Certificate of Consultation) (proposed order submitted) by Smith & Nephew, Inc.. (Vorder-Bruegge, Mark) (Entered: 07/03/2013) | |||
| 2013-07-03 | 9 | 0 | ORDER granting 8 Motion for Extension of Time to Answer Smith & Nephew, Inc. answer due 8/5/2013.. Signed by Chief Judge Jon Phipps McCalla on 07/03/2013. (McCalla, Jon) (Entered: 07/03/2013) | |||
| 2013-08-05 | 10 | 0 | Smith & Nephew's ANSWER to 1 Complaint , COUNTERCLAIM against AngleFix, Inc. by Smith & Nephew, Inc..(Vorder-Bruegge, Mark) (Entered: 08/05/2013) | |||
| 2013-08-05 | 11 | 0 | Corporate Disclosure Statement by Smith & Nephew, Inc.. (Vorder-Bruegge, Mark) (Entered: 08/05/2013) | |||
| 2013-08-19 | 12 | 0 | NOTICE by AngleFix, Inc. Joint Patent Scheduling Conference Notice (Zito, Joseph) (Entered: 08/19/2013) | |||
| 2013-08-21 | 13 | 0 | ORDER setting patent scheduling conference. Signed by Chief Judge Jon Phipps McCalla on 08/21/2013. (McCalla, Jon) (Entered: 08/21/2013) | |||
| 2013-08-22 | 14 | 0 | NOTICE of Appearance by Christy G. Lea on behalf of Smith & Nephew, Inc. (Lea, Christy) (Entered: 08/22/2013) | |||
| 2013-08-22 | 15 | 0 | NOTICE of Appearance by Joseph R. Re on behalf of Smith & Nephew, Inc. (Re, Joseph) (Entered: 08/22/2013) | |||
| 2013-08-22 | 16 | 0 | NOTICE of Appearance by Benjamin B. Anger on behalf of Smith & Nephew, Inc. (Anger, Benjamin) (Entered: 08/22/2013) | |||
| 2013-08-22 | 17 | 0 | SETTING LETTER: Patent Scheduling Conference set for 9/27/2013 09:30 AM in Courtroom 1 - Memphis before Chief Judge Jon Phipps McCalla. (jpw) (Entered: 08/22/2013) | |||
| 2013-09-10 | 18 | 0 | MOTION for Extension of Time to File Unopposed Motion (Including Memorandum) for Seven-Day Enlargement of Time for Defendant to Serve Initial Non-Infringement Contentions (With Certificate of Consultation) (proposed order submitted) by Smith & Nephew, Inc.. (Vorder-Bruegge, Mark) (Entered: 09/10/2013) | |||
| 2013-09-11 | 19 | 0 | ORDER granting 18 Motion for Extension of Time to File. Signed by Judge Jon Phipps McCalla on 09/11/2013. (McCalla, Jon) (Entered: 09/11/2013) | |||
| 2013-09-20 | 20 | 0 | REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit 6,955,677 Patent in Suit)(Zito, Joseph) (Entered: 09/20/2013) | |||
| 2013-09-26 | 21 | 0 | NOTICE of eligibility for participation in cameras pilot project. Signed by Judge Jon Phipps McCalla on 09/26/2013. (McCalla, Jon) (Entered: 09/26/2013) | |||
| 2013-09-26 | 22 | 0 | NOTICE by Smith & Nephew, Inc. Notice of Consent to Video Recording and Publication (Vorder-Bruegge, Mark) (Entered: 09/26/2013) | |||
| 2013-09-27 | 23 | 0 | NOTICE by AngleFix, Inc. re 21 Order Notice of Consent (Zito, Joseph) (Entered: 09/27/2013) | |||
| 2013-09-27 | 24 | 0 | Minute Entry for proceedings held before Judge Jon Phipps McCalla: Patent Scheduling Conference held on 9/27/2013. Technology breifing presented by both Plaintiff and Defense. Exhs. 1-4 marked. Markman/Claims Construction Hearing set for 6/13/2014 at 9:15 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Scheduling and Protective Orders to be entered. (for Plaintiff: Joseph Zito) (for Defense: Christy Lea, Ben Anger, Mark Vorder-Bruegge) (Court Reporter: Brenda Parker) (jpw) (Entered: 09/27/2013) | |||
| 2013-09-27 | 25 | 0 | Exhibit List for Patent Scheduling Conference held on 9/27/2013. (jpw) (Entered: 09/27/2013) | |||
| 2013-09-27 | 26 | 0 | SETTING LETTER: Markman/Claims Construction Hearing set for 6/13/2014 09:15 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. (jpw) (Entered: 09/27/2013) | |||
| 2013-09-30 | 27 | 0 | SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 09/30/2013. (McCalla, Jon) (Entered: 09/30/2013) | |||
| 2013-09-30 | 28 | 0 | PATENT PROTECTIVE ORDER. Signed by Judge Jon Phipps McCalla on 09/30/2013. (McCalla, Jon) (Entered: 09/30/2013) | |||
| 2013-10-02 | 29 | 0 | AMENDED SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 10/2/2013. (McCalla, Jon) (Entered: 10/02/2013) | |||
| 2013-10-02 | 30 | 0 | AMENDED PATENT PROTECTIVE ORDER. Signed by Judge Jon Phipps McCalla on 10/2/2013. (McCalla, Jon) (Entered: 10/02/2013) | |||
| 2013-10-10 | 31 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09-27-2013 before Judge Jon Phipps McCalla. Court Reporter Brenda Parker, Telephone number 901-526-8769. Tape Number: N/A. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 10/31/2013. Redaction Request due 10/31/2013. Release of Transcript Restriction set for 1/8/2014. (Parker, Brenda) (Entered: 10/10/2013) | |||
| 2013-11-22 | 32 | 0 | MOTION to Stay Pending Inter Partes Review (With Certificate of Consultation) (proposed order submitted) by Smith & Nephew, Inc.. (Attachments: # 1 Memorandum, # 2 Exhibit A to Memorandum, # 3 Exhibit B to Memorandum, # 4 Exhibit C to Memorandum - FUS Slipsheet Only, # 5 Exhibit D to Memorandum - FUS Slipsheet Only, # 6 Exhibit E to Memorandum - FUS Slipsheet Only, # 7 Exhibit F to Memorandum, # 8 Exhibit G to Memorandum, # 9 Exhibit H to Memorandum, # 10 Exhibit I to Memorandum)(Lea, Christy) (Entered: 11/22/2013) | |||
| 2013-11-22 | 33 | 0 | Sealed Document Sealed Exhibits C-E re Smith & Nephew's Motion to Stay Pending Inter Partes Review. (Lea, Christy) (Entered: 11/22/2013) | |||
| 2013-12-05 | 34 | 0 | MOTION to Extend Deadline Unopposed Motion (Including Memorandum) to Extend Time for Defendant to Serve LPR 4.1(c) Final Identification of Claim Terms for Construction (proposed order submitted) by Smith & Nephew, Inc.. (Lea, Christy) (Entered: 12/05/2013) | |||
| 2013-12-06 | 35 | 0 | ORDER granting 34 Motion to Extend Deadline. Signed by Judge Jon Phipps McCalla on 12/05/2013. (McCalla, Jon) (Entered: 12/06/2013) | |||
| 2013-12-09 | 36 | 0 | RESPONSE in Opposition re 32 MOTION to Stay Pending Inter Partes Review (With Certificate of Consultation) (proposed order submitted) filed by AngleFix Tech, LLC. (Attachments: # 1 Affidavit Declaration of Counsel)(Zito, Joseph) (Entered: 12/09/2013) | |||
| 2013-12-10 | 37 | 0 | MOTION for Leave to File Smith & Nephew, Inc.s Motion (and Memorandum) For Leave To File A Reply In Support Of Its Motion To Stay Pending Inter Partes Review (proposed order submitted) by Smith & Nephew, Inc.. (Lea, Christy) (Entered: 12/10/2013) | |||
| 2013-12-13 | 38 | 0 | RESPONSE in Opposition re 37 MOTION for Leave to File Smith & Nephew, Inc.s Motion (and Memorandum) For Leave To File A Reply In Support Of Its Motion To Stay Pending Inter Partes Review (proposed order submitted) filed by AngleFix Tech, LLC. (Zito, Joseph) (Entered: 12/13/2013) | |||
| 2013-12-18 | 39 | 0 | ORDER granting 37 Motion for Leave to File [**TEXT ORDER ONLY--NO IMAGE ASSOCIATED**]. Signed by Judge Jon Phipps McCalla on 12/11/2017. (McCalla, Jon) (Entered: 12/18/2013) | |||
| 2013-12-20 | 40 | 0 | REPLY to Response to Motion re 36 Response in Opposition to Motion, SMITH & NEPHEW, INC.'S MOTION TO STAY PENDING INTER PARTES REVIEW filed by Smith & Nephew, Inc.. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L)(Lea, Christy) (Entered: 12/20/2013) | |||
| 2013-12-27 | 41 | 0 | ORDER denying 32 Motion to Stay. Signed by Judge Jon Phipps McCalla on 12/27/2013. (McCalla, Jon) (Entered: 12/27/2013) | |||
| 2013-12-30 | 42 | 0 | TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. Document 31 : Release Date: 01/08/2014. (smm) (Entered: 12/30/2013) | |||
| 2014-02-24 | 43 | 0 | Joint MOTION to Extend Deadline Joint Motion (Including Memorandum) To Modify The Amended Scheduling Order (With Certificate Of Consultation) (proposed order submitted) by Smith & Nephew, Inc.. (Lea, Christy) (Entered: 02/24/2014) | |||
| 2014-03-06 | 44 | 0 | ORDER granting 43 Motion to Extend Deadline. Signed by Judge Jon Phipps McCalla on 03/06/2014. (McCalla, Jon) (Entered: 03/06/2014) | |||
| 2014-04-09 | 45 | 0 | MOTION to Stay LITIGATION PENDING INTER PARTES REVIEW. Proposed Order Submitted by Smith & Nephew, Inc.. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B - FILED UNDER SEAL, # 4 Exhibit C - FILED UNDER SEAL, # 5 Exhibit D - FILED UNDER SEAL, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Lea, Christy) (Entered: 04/09/2014) | |||
| 2014-04-09 | 46 | 0 | Sealed Document CONFIDENTIAL EXHIBITS B - D IN SUPPORT OF SMITH & NEPHEW, INC.'S RENEWED MOTION TO STAY LITIGATION PENDING INTER PARTES REVIEW. (Lea, Christy) (Entered: 04/09/2014) | |||
| 2014-04-10 | 47 | 0 | MOTION for Extension of Time to File OPENING CLAIM CONSTRUCTION BRIEFS AND REQUEST FOR EXPEDITED TELEPHONIC STATUS CONFERENCE. Proposed Order Submitted. by Smith & Nephew, Inc.. (Lea, Christy) (Entered: 04/10/2014) | |||
| 2014-04-10 | 48 | 0 | SETTING LETTER: Telephonic Hearing re: 47 Defendant's Motion for an Extension of Time to File Opening Claims Construction Briefs and Request of Telephonic Status Conference set for 4/15/2014 at 9:00 AM before Judge Jon Phipps McCalla. (jpw) (Entered: 04/10/2014) | |||
| 2014-04-15 | 49 | 0 | Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Hearing re: 47 Defendant's Motion for an Extension of Time to File Opening Claims Construction Briefs and Request of Telephonic Status Conference held on 4/15/2014. Motion granted. The time to file opening claims construction briefs is deferred until the Court rules on 45 Defendant's Renewed Motion to Stay Pending Inter Partes Review. Plaintiff to file a response to 45 Motion to Stay Pending Inter Partes Review by 4/25/2014. Defendant given permission to file a reply - due 4/30/2014. (for Plaintiff: Joseph Zito) (for Defense: Christy Lea, Ben Anger, Mark Vorder-Bruegge, Jr.) (Court Reporter: Brenda Parker) (jpw) (Entered: 04/15/2014) | |||
| 2014-04-16 | 50 | 0 | ORDER granting 47 Motion for Extension of Time to File. Signed by Judge Jon Phipps McCalla on 04/16/2014. (McCalla, Jon) (Entered: 04/16/2014) | |||
| 2014-04-25 | 51 | 0 | RESPONSE in Opposition re 45 MOTION to Stay LITIGATION PENDING INTER PARTES REVIEW. Proposed Order Submitted filed by AngleFix Tech, LLC. (Attachments: # 1 Exhibit A - USPTO Reexamination Statistics, # 2 Exhibit B - Statute 35 USC 315, # 3 Exhibit Case Law, # 4 Exhibit Case Law, # 5 Exhibit Case Law, # 6 Exhibit Case Law, # 7 Exhibit Case Law)(Zito, Joseph) (Entered: 04/25/2014) | |||
| 2014-04-30 | 52 | 0 | REPLY to Response to Motion re 51 Response in Opposition to Motion, RENEWED MOTION TO STAY PENDING INTER PARTES REVIEW filed by Smith & Nephew, Inc.. (Attachments: # 1 Exhibit I, # 2 Case Law, # 3 Case Law)(Lea, Christy) (Entered: 04/30/2014) | |||
| 2014-05-01 | 53 | 0 | ORDER granting 45 Motion to Stay. Signed by Judge Jon Phipps McCalla on 05/01/2014. (McCalla, Jon) (Entered: 05/01/2014) | |||
| 2014-05-02 | 54 | 0 | NOTICE OF CANCELLATION: The Markman/Claims Construction Hearing set for 6/13/2014 at 9:15 AM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla IS CANCELLED. Case stayed on 5/1/2014 pending a final written decision of the Patent and Trademark Office. (jpw) (Entered: 05/02/2014) | |||
| 2014-06-27 | 55 | 0 | Joint MOTION to Dismiss Joint Motion (Including Memorandum) to Dismiss Action (With Certificate of Consultation) by AngleFix Tech, LLC, Smith & Nephew, Inc.. (Vorder-Bruegge, Mark) (Entered: 06/27/2014) | |||
| 2014-07-01 | 56 | 0 | ORDER granting 55 Motion to Dismiss; ORDER dismissing action with prejudice. Signed by Judge Jon Phipps McCalla on 07/01/2014. (McCalla, Jon) (Entered: 07/01/2014) | |||
| 2014-07-01 | 57 | 0 | JUDGMENT. Signed by Judge Jon Phipps McCalla on 07/01/2014. (McCalla, Jon) (Entered: 07/01/2014) |