Case details

Court: txed
Docket #: 2:06-cv-00536
Case Name: Sutura, Inc. v. Abbott Laboratories et al
PACER case #: 100525
Date filed: 2006-12-21
Date terminated: 2007-12-14
Assigned to: Judge T. John Ward
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Sutura, Inc.
Plaintiff
Otis W Carroll , Jr
Ireland Carroll & Kelley 6101 S Broadway Suite 500 Tyler, TX 75703 903/561-1600 Fax: 9035811071 Email: Fedserv@icklaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Collin Michael Maloney
Ireland Carroll & Kelley 6101 S Broadway Suite 500 Tyler, TX 75703 903/561-1600 Fax: 9035811071 Email: cmaloney@icklaw.com
ATTORNEY TO BE NOTICED

Courtland C. Merrill
Anthony Ostlund, Baer, & Louwagie PA 90 South Seventh Street Suite 3600 Minneapolis, MN 55402 612/349-6969 Fax: 612/3496996 Email: cmerrill@aoblaw.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Franklin Jones , Jr
Jones & Jones - Marshall 201 W Houston St PO Drawer 1249 Marshall, TX 75670 903/938-4395 Fax: 9039383360 Email: maizieh@millerfirm.com
ATTORNEY TO BE NOTICED

Michael Lasky
Altera Law Group 6500 City West Parkway Nr.100 Minneapolis, MN 55436 952/253-4106 Fax: 9529120574 Email: mlasky@alteralaw.com
ATTORNEY TO BE NOTICED

Norman J Baer
Anthony Ostlund, Baer, & Louwagie PA 90 South Seventh Street Suite 3600 Minneapolis, MN 55402 612/349-6969 Fax: 612/349-6996 Email: nbaer@aoblaw.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Richard T. Ostlund
Anthony Ostlund, Baer, & Louwagie PA 90 South Seventh Street Suite 3600 Minneapolis, MN 55402 612/349-6969 Fax: 6123496996 Email: rostlund@aoblaw.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Abbott Laboratories
Defendant
Andrew W. Spangler
Spangler Law P.C. - Longview 208 N. Green Street Ste 300 Longview, TX 75601 903-753-9300 Fax: 903-553-0403 Email: spangler@spanglerlawpc.com

Claire Abernathy Henry
Ward & Smith Law Firm PO Box 1231 1127 Judson Road Suite 220 Longview, TX 75606 903-757-6400 Fax: 903-757-2323 Email: claire@wsfirm.com
ATTORNEY TO BE NOTICED

Elizabeth L DeRieux
Capshaw DeRieux LLP 114 E Commerce Avenue Gladewater, TX 75647 (903) 233-4816 Fax: (903) 236-8787 Email: ederieux@capshawlaw.com
ATTORNEY TO BE NOTICED

James F Hurst
Winston & Strawn - Chicago 35 W Wacker Dr Chicago, IL 60601 312/558-5230 Fax: 312/558-5700 Email: jhurst@winston.com
ATTORNEY TO BE NOTICED

Jennifer M Erickson
Winston & Strawn - Chicago 35 W Wacker Dr Chicago, IL 60601 312/558-5600 Fax: 312/558-5700 Email: jerickson@winston.com
ATTORNEY TO BE NOTICED

Kevin E Warner
Winston & Strawn - Chicago 35 W Wacker Dr Chicago, IL 60601 312/558-5600 Fax: 312/558-5700 Email: kwarner@winston.com
ATTORNEY TO BE NOTICED

Raymond C Perkins
Winston & Strawn - Chicago 35 W Wacker Dr Chicago, IL 60601 312/558-5860 Fax: 312/558-5700 Email: rperkins@winston.com
ATTORNEY TO BE NOTICED

Sidney Calvin Capshaw , III
Capshaw DeRieux LLP 114 E Commerce Avenue Gladewater, TX 75647 903/233-4826 Fax: 903-236-8787 Email: ccapshaw@capshawlaw.com
ATTORNEY TO BE NOTICED

Perclose, Inc.
Defendant
Andrew W. Spangler
(See above for address)

Elizabeth L DeRieux
(See above for address)
ATTORNEY TO BE NOTICED

James F Hurst
(See above for address)
ATTORNEY TO BE NOTICED

Jennifer M Erickson
(See above for address)
ATTORNEY TO BE NOTICED

Kevin E Warner
(See above for address)
ATTORNEY TO BE NOTICED

Raymond C Perkins
(See above for address)
ATTORNEY TO BE NOTICED

Sidney Calvin Capshaw , III
(See above for address)
ATTORNEY TO BE NOTICED

Abbott Laboratories
Counter Claimant
Sidney Calvin Capshaw , III
(See above for address)
ATTORNEY TO BE NOTICED

Perclose, Inc.
Counter Claimant
Sutura, Inc.
Counter Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-12-21 1 0 ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT WITH JURY TRIAL DEMAND against Abbott Laboratories, Perclose, Inc. (Filing fee $ 350. Receipt 6-1-8070) , filed by Sutura, Inc.. (Attachments: # 1 Civil Cover Sheet)(ch, ) (Entered: 12/21/2006) 2014-01-08 09:03:13 cfb8fb042f7609f72af62446e0b324b1bc535b8a
2006-12-21 2 0 CORPORATE DISCLOSURE STATEMENT filed by Sutura, Inc. identifying none as corporate parent (ch, ) Modified on 12/21/2006 (mpv, ). (Entered: 12/21/2006)
2006-12-21 3 0 Form mailed to Commissioner of Patents and Trademarks. (ch, ) (Entered: 12/21/2006)
2007-01-04 4 0 NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of Sutura, Inc. (Maloney, Collin) (Entered: 01/04/2007)
2007-01-10 5 0 Consent MOTION for Extension of Time to File Answer (Defendants' Unopposed Motion for Extension of Time to Answer, Plead or Otherwise Respond to Plaintiff's Complaint) by Abbott Laboratories, Perclose, Inc.. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) (Entered: 01/10/2007)
2007-01-08 6 0 APPLICATION to Appear Pro Hac Vice by Attorney Courtland C. Merrill for Sutura, Inc.APPROVED (poa, ) (Entered: 01/11/2007)
2007-01-09 7 0 E-GOV SEALED SUMMONS Returned Executed by Sutura, Inc.. Abbott Laboratories served by Process Server on 12/22/2006, answer due 1/11/2007. (ch, ) (Entered: 01/11/2007)
2007-01-08 8 0 APPLICATION to Appear Pro Hac Vice by Attorney Richard T. Ostlund for Sutura, Inc.APPROVED (poa, ) (Entered: 01/11/2007)
2007-01-08 9 0 APPLICATION to Appear Pro Hac Vice by Attorney Michael Lasky for Sutura, Inc.APPROVED (poa, ) (Entered: 01/11/2007)
2007-01-12 10 0 ORDER granting 5 Motion for Extension of Time to Answer. Deadline for Dfts Abbott Lab. and Perclose Inc. to file answer is 2/12/07. Signed by Judge T. John Ward on 1/12/07. (ch, ) (Entered: 01/12/2007)
2007-01-25 11 0 NOTICE of Attorney Appearance by Franklin Jones, Jr on behalf of Sutura, Inc. (Jones, Franklin) (Entered: 01/25/2007)
2007-01-30 12 0 NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Abbott Laboratories, Perclose, Inc. (DeRieux, Elizabeth) (Entered: 01/30/2007)
2007-01-30 13 0 NOTICE of Attorney Appearance by Andrew Wesley Spangler on behalf of Abbott Laboratories, Perclose, Inc. (Spangler, Andrew) (Entered: 01/30/2007)
2007-02-02 14 0 APPLICATION to Appear Pro Hac Vice by Attorney Kevin E Warner for Abbott Laboratories and Perclose, Inc.. (ch, ) (Entered: 02/02/2007)
2007-02-02 15 0 APPLICATION to Appear Pro Hac Vice by Attorney Jennifer M Erickson for Abbott Laboratories and Perclose, Inc.. (ch, ) (Entered: 02/02/2007)
2007-02-02 16 0 APPLICATION to Appear Pro Hac Vice by Attorney Raymond C Perkins for Abbott Laboratories and Perclose, Inc.. (ch, ) (Entered: 02/02/2007)
2007-02-02 17 0 APPLICATION to Appear Pro Hac Vice by Attorney James F Hurst for Abbott Laboratories and Perclose, Inc.. (ch, ) (Entered: 02/02/2007)
2007-02-09 18 0 MOTION for Extension of Time to File Answer re 1 Complaint (Defendants' Unopposed Motion for Extension of Time to Answer, Plead or Otherwise Respond to Plaintiff's Complaint) by Abbott Laboratories, Perclose, Inc.. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew) (Entered: 02/09/2007)
2007-02-14 19 0 ORDER granting 18 Motion for Extension of Time to Answer. Dft's Abbott Laboratories and Perclose, Inc. will have until 3/14/07 to answer . Signed by Judge T. John Ward on 2/13/07. (ch, ) (Entered: 02/14/2007)
2007-02-21 20 0 ***FILED IN ERROR SEE CORRECTED DOCUMENT 21 ***E-GOV SEALED SUMMONS Returned Executed by Perclose, Inc.. Perclose, Inc. served on 1/19/2007, answer due 3/14/2007. (ehs, ) Modified on 2/23/2007 (ch, ). (Entered: 02/21/2007)
2007-02-21 21 0 E-GOV SEALED SUMMONS Returned Executed by Sutura, Inc.. Perclose, Inc. served on 1/3/2007, answer due 1/23/2007. (ch, ) (Entered: 02/23/2007)
2007-03-14 22 0 ANSWER to Complaint with Jury Demand (Abbott Laboratories and Abbott Vascular Inc.'s Answer and Counterclaims to Plaintiff's Original Complaint), COUNTERCLAIM against Sutura, Inc. by Abbott Laboratories, Perclose, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(DeRieux, Elizabeth) (Entered: 03/14/2007)
2007-03-14 23 0 CORPORATE DISCLOSURE STATEMENT filed by Abbott Laboratories, Perclose, Inc. (DeRieux, Elizabeth) (Entered: 03/14/2007)
2007-04-03 24 0 ANSWER to Counterclaim by Sutura, Inc..(Maloney, Collin) (Entered: 04/03/2007)
2007-07-10 25 0 ORDER, sua sponte, setting deadlines as set forth herein. Signed by Judge T. John Ward on 7/10/07. (ehs, ) (Entered: 07/10/2007)
2007-07-26 26 0 NOTICE of Disclosure by Abbott Laboratories, Perclose, Inc. (Defendant/Counterclaim Plaintiffs' Notice of P.R. 3-1 and P.R. 3-2 Disclosures) (DeRieux, Elizabeth) (Entered: 07/26/2007)
2007-07-27 27 0 NOTICE of Disclosure by Sutura, Inc. of PR 3-1 and PR 3-2 (Maloney, Collin) (Entered: 07/27/2007)
2007-07-30 28 0 APPLICATION to Appear Pro Hac Vice by Attorney Norman J Baer for Sutura, Inc. (APPROVED)(FEE PAID) 6-1-10492. (ch, ) (Entered: 07/30/2007)
2007-09-11 29 0 NOTICE of Disclosure by Abbott Laboratories (Defendant/Counterclaim Plaintiffs' Notice of P.R. 3-3 and P.R. 3-4 Disclosures) (DeRieux, Elizabeth) (Entered: 09/11/2007)
2007-09-11 30 0 NOTICE by Sutura, Inc. of Compliance With P.R. 3-3 and P.R. 3-4 (Carroll, Otis) (Entered: 09/11/2007)
2007-09-11 31 0 NOTICE by Sutura, Inc. of Compliance with P.R. 3-3 and P.R. 3-4 (Amended) (Carroll, Otis) (Entered: 09/11/2007)
2007-10-11 32 0 ORDER - Status Conference set for 11/1/2007 3:30 PM before Judge T. John Ward, Judge Chad Everingham. Signed by Judge T. John Ward on 10/11/07. (ch, ) (Entered: 10/11/2007)
2007-10-25 33 0 ***FILED IN ERROR SEE CORRECT DOCUMENT 34 *** MOTION for Leave to File (Abbott Laboratories and Abbott Vascular Inc.'s Unopposed Motion for Leave to File an Amended Answer and Counterclaims to Plaintiff's Original Complaint) by Abbott Laboratories. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(DeRieux, Elizabeth) Modified on 10/25/2007 (ch, ). (Entered: 10/25/2007)
2007-10-25 34 0 MOTION for Leave to File (Abbott Laboratories and Abbott Vascular Inc.'s Opposed Motion for Leave to File an Amended Answer and Counterclaims to Plaintiff's Original Complaint) by Abbott Laboratories. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 10/25/2007)
2007-11-01 35 0 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status conference held on 11/1/07. Counsel for the parties appeared (see attached sign-in sheet). The parties were asked if they consented to Judge Everingham. If they consented, they were then given a Markman hearing date and a jury selection date in Judge Everingham?s court. Court adjourned. (Entered: 11/05/2007)
2007-11-07 36 0 Consent MOTION to Seal Response in Opposition to Defendants' Motion to File an Amended Answer and Counterclaim by Sutura, Inc.. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 11/07/2007)
2007-11-01 37 0 Minute Entry for proceedings held before Judge T. John Ward and Judge Chad Everingham: Status Conference held on 11/1/2007. Claim construction hearing date and trial date were given to parties. Parties are to meet and confer regarding a scheduling order and discovery order, and parties have 14 days to submit the proposed orders. (See attached sign-in sheet for attorneys in attendance.) (Court Reporter Susan Simmons.) (shd, ) (Entered: 11/08/2007)
2007-11-09 38 0 ORDER granting 36 Motion to Seal response in opposition to deft's motion to file an amended answer and counterclaim . Signed by Judge T. John Ward on 11/9/07. (ehs, ) (Entered: 11/09/2007)
2007-11-09 39 0 SEALED RESPONSE In Opposition to Motion re 34 MOTION for Leave to File (Abbott Laboratories and Abbott Vascular Inc.'s Opposed Motion for Leave to File an Amended Answer and Counterclaims to Plaintiff's Original Complaint) filed by Sutura, Inc.. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Maloney, Collin) (Entered: 11/09/2007)
2007-11-15 40 0 Proposed Pretrial Order Joint Motion for Entry of Docket Control Order and Discovery Order by Sutura, Inc., Abbott Laboratories. (Attachments: # 1 Exhibit A - Proposed Docket Control Order# 2 Exhibit B - Proposed Discovery Order)(Capshaw, Sidney) (Entered: 11/15/2007)
2007-11-19 41 0 DISCOVERY ORDER. Signed by Judge T. John Ward on 11/19/07. (ch, ) (Entered: 11/19/2007)
2007-11-19 42 0 MOTION for Extension of Time to File Response/Reply (Unopposed Motion to Extend Deadline to File Reply) by Abbott Laboratories. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) (Entered: 11/19/2007)
2007-11-20 43 0 ORDER granting 42 Motion for Extension of Time to File Response/Reply re 34 MOTION for Leave to File (Abbott Laboratories and Abbott Vascular Inc.'s Opposed Motion for Leave to File an Amended Answer and Counterclaims to Plaintiff's Original Complaint) MOTION for Leave to File (Abbott Laboratories and Abbott Vascular Inc.'s Opposed Motion for Leave to File an Amended Answer and Counterclaims to Plaintiff's Original Complaint) Responses due by 12/19/2007. Signed by Judge T. John Ward on 11/20/07. (ch, ) (Entered: 11/20/2007)
2007-11-28 44 0 MOTION (Agreed Motion for Entry of First Amended Docket Control Order) by Abbott Laboratories. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) (Entered: 11/28/2007)
2007-11-30 45 0 Consent MOTION for Extension of Time to File (Unopposed Motion to Extend Deadline to Exchange Initial Disclosures) by Abbott Laboratories. (Attachments: # 1 Text of Proposed Order)(Abernathy, Nancy) (Entered: 11/30/2007)
2007-12-12 46 0 FIRST AMENDED DOCKET CONTROL ORDER - Amended Pleadings due by 6/2/2008. Discovery due by 1/2/2009. Expert Witness List due by 1/2/2009. Joinder of Parties due by 3/17/2008. Markman Hearing set for 11/6/2008 09:00 AM before Judge T. John Ward. Motions due by 3/19/2009. Proposed Pretrial Order due by 3/19/2009. Final Pretrial Conference set for 3/26/2009 09:30 AM before Judge T. John Ward. Jury Selection set for 4/6/2009 09:00AM before Judge T. John Ward. Signed by Judge T. John Ward on 12/12/-7. (ehs, ) (Entered: 12/12/2007)
2007-12-12 47 0 ORDER granting 45 Motion for Extension of Time to Exchange Initial Disclosures. Signed by Judge T. John Ward on 12/12/07. (ch, ) (Entered: 12/12/2007)
2007-12-13 48 0 STIPULATION of Dismissal by Abbott Laboratories. (Attachments: # 1 Text of Proposed Order)(Abernathy, Nancy) (Entered: 12/13/2007)
2007-12-14 49 0 STIPULATION and ORDER DISMISSING CASE - All claims dismissed with prejudice. Each party shall bear its own costs and fees. Signed by Judge T. John Ward on 12/14/07. (ehs, ) (Entered: 12/14/2007)
2007-12-20 50 0 ORDER - pursuant to the Stipulation and Order of Dismissal entered 12/14/07, all pending motions are hereby denied as moot. Signed by Judge T. John Ward on 2/20/07. (ch, ) (Entered: 12/20/2007)