3%3A11-cv-01698 - Kfx Medical LLC v. Arthrex Inc

Detail

Case Number

3:11-cv-01698

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

California Southern District Court

Plaintiff(s)

Kfx Medical LLC

Operating Company

Defendant(s)

Arthrex Inc

Judge

Dana M. Sabraw

Filing Date

2011-08-01

Termination Date

2015-09-02

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Dockets
Text
Please see the attached document for more details (07/10/13)
Please see the attached document for more details (07/10/13)
Complaint for patent infringement.
NOTICE by Arthrex Incorporated re 364 Order on Motion for Order, Order on Motion to Stay, Posting Supersedeas Bond (Saber, Charles) (aef). (Entered: 11/04/2014)
ORDER (1) granting in part and denying in part 309 Arthrex`s Renewed Motion for Judgment as a Matter of Law pursuant to Rule 50(b) and (2) denying 293 KFX`s Motion for Enhanced Damages and Attorneys` Fees for Willful Infringement. The Court grants in part and denies in part Arthrex`s renewed motion for judgment as a matter of law. Specifically, the Court grants the motion on the issue of willful infringement and denies the motion as to all other issues. In light of the Court`s ruling on willful infringement, the Court also denies KFx`s motion for enhanced damages and attorneys` fees. Signed by Judge Dana M. Sabraw on 2/18/2014. (aef) (Entered: 02/18/2014)
ORDER denying 313 Arthrex`s Motion for a New Trial. Signed by Judge Dana M. Sabraw on 2/18/2014. (aef) (Entered: 02/18/2014)
ORDER denying 313 Arthrex`s Motion for a New Trial. Signed by Judge Dana M. Sabraw on 2/18/2014. (aef) (Entered: 02/18/2014)
ORDER denying 81 Defendant`s Motion for Summary Judgment. Signed by Judge Dana M. Sabraw on 7/10/2013. (aef) (Entered: 07/10/2013)
ORDER granting 78 Plaintiff`s Motion for Summary Judgment. The Court grants KFx`s motion for summary judgment of no inequitable conduct in connection with the `942 and `969 Patents. Signed by Judge Dana M. Sabraw on 7/10/2013. (aef) (Entered: 07/10/2013)
ORDER granting in part and denying in part 304 KFX`s Motion to Amend the Judgment and make Additional Findings. The Court grants in part and denies in part KFx`s motion to amend the judgment and make additional findings. Specifically, the Court grants KFx`s request for additional damages in the amount of $1,891,706, for post judgment interest according to 28 U.S.C. § 1961 and for prejudgment interest at seven percent. The Court denies KFx`s request for an ongoing royalty or a permanent injunction. Signed by Judge Dana M. Sabraw on 2/18/2014. (aef) (Entered: 02/18/2014)
Please see the attached document for more details (02/09/2014)
Please see the attached document for more details (02/09/2014)
Please see the attached document for more details (02/09/2014)
Please see the attached document for more details (08/29/2013)
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (pvm) (Entered: 08/02/2011)
USCA Case Number 14-1372 for 351 Notice of Appeal to Federal Circuit, filed by Arthrex Incorporated. (akr) (Entered: 03/24/2014)
UPDATED CIVIL DOCKET
Minute Entry for proceedings held before Judge Dana M. Sabraw: Appeal Mandate Hearing held on 5/8/2015. No appearances required. Appeal Mandate ordered filed for USCA Case Number(s): 14-1372.(Court Reporter/ECR Lee Ann Pence). (no document attached) (jak) (Entered: 05/08/2015)
Joint MOTION for Leave to File First Amended Complaint and MOTION to Amend Case Management Order Regulating Discovery and Other Pretrial Proceedings by KFX Medical Corporation. (Attachments: # 1 First Amended Complaint for Patent Infringement)(Jennings, Joseph) Added MOTION to Amend Case Management Order Regulating Discovery and Other Pretrial Proceedings on 4/3/2012 (lao). (Entered: 04/02/2012)
Joint MOTION for Protective Order by KFX Medical Corporation. (Attachments: # 1 Plaintiffs Exhibits A1-A5, # 2 Defendants Exhibits B1-B3)(Bennett, Phillip) Modified on 4/5/2012 to delete duplicate text (lao). (Entered: 04/04/2012)
DOCUMENT WITHDRAWN PER ENTRY 31 - MOTION to Dismiss Defendants Counterclaim for Inequitable Conduct in Connection with U.S. Patents 8,100,942 and 8,109,969; to Strike the Corresponding Affirmative Defense; and to Extend Time to Answer Remaining Counterclaim Allegations by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities with Appendices A and B, # 2 Declaration of Phillip Bennett with Exhibits 1-10)(Jennings, Joseph)(aef). Modified on 5/25/2012-QC mailer sent to atty re Multi-Part Motions (aef). Modified on 5/29/2012-to withdraw document (aef). (Entered: 05/24/2012)
MOTION to Dismiss for Failure to State a Claim Defendants Counterclaims for Inequitable Conduct in Connection with U.S. Patents 8,100,942 and 8,109,969, MOTION to Strike the Corresponding Affirmative Defense, MOTION for Extension of Time to File Answer to Remaining Counterclaim Allegations by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities with Appendices A and B, # 2 Declaration of Phillip Bennett with Exhibits 1-10)(Jennings, Joseph)(aef). (Entered: 05/25/2012)
RESPONSE in Opposition re 32 MOTION to Dismiss for Failure to State a Claim Defendants Counterclaims for Inequitable Conduct in Connection with U.S. Patents 8,100,942 and 8,109,969 MOTION to Strike the Corresponding Affirmative Defense MOTION for Extension of Time to File Answer to Remaining Counterclaim Allegations filed by Arthrex Incorporated(A Delaware Corporation). (Attachments: # 1 Exhibit 01)(Tamburo, Salvatore) (aef). (Entered: 06/29/2012)
REPLY to Response to Motion re 32 MOTION to Dismiss for Failure to State a Claim Defendants Counterclaims for Inequitable Conduct in Connection with U.S. Patents 8,100,942 and 8,109,969 MOTION to Strike the Corresponding Affirmative Defense MOTION for Extension of Time to File Answer to Remaining Counterclaim Allegations filed by KFX Medical Corporation. (Attachments: # 1 Declaration (Supplemental) of Phillip A. Bennett with Exhibit 11)(Jennings, Joseph)(aef). (Entered: 07/06/2012)
MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent No. 7,585,311 by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities)(Jennings, Joseph)(aef). (Entered: 07/13/2012)
DECLARATION re 39 MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent No. 7,585,311 Declaration of Phillip Bennett with Exhibits 1-3 by Plaintiff KFX Medical Corporation. (Attachments: # 1 Exhibit Exhibit 4 - part 1, # 2 Exhibit Exhibit 4 - part 2, # 3 Exhibit Exhibit 4 - part 3, # 4 Exhibit Exhibit 4 - part 4, # 5 Exhibit Exhibit 5 - part 1, # 6 Exhibit Exhibit 5 - part 2, # 7 Exhibit Exhibit 5 - part 3, # 8 Exhibit Exhibit 6 - part 1, # 9 Exhibit Exhibit 6 - part 2, # 10 Exhibit Exhibits 7-8, # 11 Exhibit Exhibits 9-11, # 12 Exhibit Exhibits 12-13)(Jennings, Joseph)(aef). (Entered: 07/13/2012)
DECLARATION re 39 MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent No. 7,585,311 Declaration of Tate Scott with Exhibits A-C by Plaintiff KFX Medical Corporation. (Attachments: # 1 Exhibit D - part 1, # 2 Exhibit D - part 2, # 3 Exhibit E)(Jennings, Joseph)(aef). (Entered: 07/13/2012)
CLAIM CONSTRUCTION BRIEF by KFX Medical Corporation. (Attachments: # 1 Declaration of Phillip Bennett with Exhibits 1-4, # 2 Exhibit 5-16 to Declaration of Phillip Bennett, # 3 Declaration of Jonathan B. Ticker, M.D.)(Jennings, Joseph)(aef). (aef). (Entered: 07/23/2012)
CLAIM CONSTRUCTION BRIEF by Arthrex Incorporated. (Attachments: # 1 Proof of Service)(Tomasulo, Michael)(aef). (Entered: 07/23/2012)
DECLARATION re 43 Claim Construction Brief of Salvatore P. Tamburo by Defendant Arthrex Incorporated, Counter Claimant Arthrex Incorporated. (Attachments: # 1 Table of Contents, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Tomasulo, Michael)(aef). (Entered: 07/23/2012)
RESPONSE TO CLAIM CONSTRUCTION BRIEF by Arthrex Incorporated(A Delaware Corporation). (Attachments: # 1 Table of Contents, # 2 Exhibit 01, # 3 Exhibit 02, # 4 Exhibit 03)(Saber, Charles) (aef). (Entered: 08/06/2012)
CLAIM CONSTRUCTION BRIEF by KFX Medical Corporation. (Attachments: # 1 Declaration of Phillip Bennett, # 2 Exhibit 17 to Declaration of Phillip Bennett, # 3 Exhibit 18 to Declaration of Phillip Bennett)(Jennings, Joseph)(aef). (Entered: 08/06/2012)
RESPONSE in Opposition re 39 MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent No. 7,585,311 filed by Arthrex Incorporated(A Delaware Corporation). (Attachments: # 1 Declaration Greenleaf, # 2 Declaration Tamburo, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6 [UNDER SEAL], # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9 [UNDER SEAL], # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21)(Tamburo, Salvatore)(aef). (Entered: 08/27/2012)
MOTION for Leave to File Excess Pages For Summary Judgment Motion by Arthrex Incorporated(A Delaware Corporation). (Attachments: # 1 Memo of Points and Authorities)(Saber, Charles) (vam). (Entered: 05/14/2013)
MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent Nos. 8,100,942 & 8,109,969 by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Sean M. Murray, # 3 Exhibits 1-5 to Murray Declaration, # 4 Exhibits 6-8 to Murray Declaration, # 5 Exhibits 9-12 to Murray Declaration, # 6 Exhibit 13 to Murray Declaration, # 7 Exhibits 14-19 to Murray Declaration, # 8 Declaration Tate Scott with Exhibits A-C, # 9 Exhibit D (Part 1) to Scott Declaration, # 10 Exhibit D (Part 2) to Scott Declaration, # 11 Exhibit E to Scott Declaration)(Jennings, Joseph) (vam). (Entered: 05/17/2013)
MOTION for Summary Judgment Pursuant To Fed. R. Civ. P. 56 by Arthrex Incorporated(A Delaware Corporation). (Attachments: # 1 Memo of Points and Authorities, # 2 Appendix 1-3, # 3 Declaration Saber, # 4 Exhibit 1-7, # 5 Exhibit 8, # 6 Exhibit 9-18, # 7 Exhibit 19-23, # 8 Exhibit 24-25, # 9 Exhibit 36-38, # 10 Exhibit 39-41, # 11 Exhibit 42-45, # 12 Exhibit 46-47)(Saber, Charles) (vam). (Entered: 05/17/2013)
****DOCUMENT WITHDRAWN PER ENTRY 113 **** - MOTION to Preclude Arthrex and Its Expert From Relying on Customer-Level Sales Data by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Brian Horne with Exhibits 1-24 (Portions Filed Under Seal))(Horne, Brian) (aef). Modified on 6/24/2013-to term motion (aef). (Entered: 05/31/2013)
RESPONSE in Opposition re 78 MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent Nos. 8,100,942 & 8,109,969 filed by Arthrex Incorporated. (Attachments: # 1 Saber Declaration, # 2 Ex 01, # 3 Ex 02, # 4 Ex 03, # 5 Ex 04, # 6 Ex 05, # 7 Ex 06, # 8 Ex 07 [UNDER SEAL], # 9 Ex 08, # 10 Ex 09, # 11 Ex 10, # 12 Ex 11, # 13 Ex 12, # 14 Ex 13, # 15 Ex 14, # 16 Ex 15, # 17 Ex 16, # 18 Ex 17, # 19 Ex 18 [UNDER SEAL], # 20 Ex 19, # 21 Ex 20, # 22 Ex 21, # 23 Ex 22, # 24 Ex 23, # 25 Ex 24, # 26 Ex 25, # 27 Ex 26, # 28 Ex 27, # 29 Ex 28, # 30 Ex 29, # 31 Ex 30)(Saber, Charles) (aef). (Entered: 06/14/2013)
RESPONSE in Opposition re 81 MOTION for Summary Judgment Pursuant To Fed. R. Civ. P. 56 filed by KFX Medical Corporation. (Attachments: # 1 Declaration of Sean M. Murray, # 2 Exhibits 1-8, # 3 Exhibit 9, # 4 Exhibits 10-27, # 5 Exhibits 28-30, # 6 Exhibit 31, # 7 Exhibits 32-44, # 8 Exhibit 45, # 9 Exhibit 46-55, # 10 Declaration of Jonathan B. Ticker, # 11 Appendix A, # 12 Appendix B)(Jennings, Joseph) (aef). (Entered: 06/14/2013)
MOTION for Leave to File Excess Pages [Unopposed] by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities)(Saber, Charles) Modified on 6/18/2013-No hearing date and time (aef). (Entered: 06/18/2013)
REPLY to Response to Motion re 78 MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent Nos. 8,100,942 & 8,109,969 filed by KFX Medical Corporation. (Attachments: # 1 Supplemental Declaration of Sean M. Murray with Exhibits 20 & 21)(Jennings, Joseph) (aef). (Entered: 06/21/2013)
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Arthrex Incorporated. (Attachments: # 1 Appendix 01-2013.04.01 Greenleaf Non-Infringement Report, # 2 Appendix 02-2013.02.21 Greenleaf Invalidity Report, # 3 Appendix 03- 2013.04.18 Reed Damages Report (with Errata) [Under Seal], # 4 Trial-Witness List, # 5 Trial-Exhibit List)(Saber, Charles) (aef). (Entered: 06/21/2013)
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by KFX Medical Corporation. (Attachments: # 1 Plaintiffs Exhibit List, # 2 Plaintiffs Witness List, # 3 Proof of Service)(Jennings, Joseph) (aef). (Entered: 06/21/2013)
RESPONSE in Support re 81 MOTION for Summary Judgment Pursuant To Fed. R. Civ. P. 56 [Under Seal] filed by Arthrex Incorporated. (Attachments: # 1 Saber Dec, # 2 Ex 48, # 3 Ex 49, # 4 Ex 50 [Under Seal], # 5 Ex 51, # 6 Ex 52 [Under Seal], # 7 Ex 53, # 8 Ex 54, # 9 Ex 55)(Saber, Charles) (aef). (Entered: 06/21/2013)
SEALED LODGED Proposed Document re: 126 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tamburo, Salvatore) (leh). (Entered: 07/01/2013)
NOTICE by Arthrex Incorporated re 125 Motion Hearing, of Submission of Demonstrative Slides for Summary Judgment Hearing (Attachments: # 1 Exhibit 01 [Under Seal])(Tamburo, Salvatore) (aef). (Entered: 07/01/2013)
NOTICE by KFX Medical Corporation re 128 Notice (Other) - Objection and Response to Defendants Post-Hearing Submission of Demonstrative Exhibits (Attachments: # 1 Attachment A)(Jennings, Joseph) (aef). (Entered: 07/01/2013)
PRETRIAL ORDER. Signed by Judge Dana M. Sabraw on 7/19/2013.(aef) Attachments: # 1 Attachment A, # 2 Attachment B) (aef)(Modified on 7/19/2013-to include attachments; NEF regenerated to all parties.)(aef)(jrd) (Entered: 07/19/2013)
ORDER Re: Trial. A jury trial in this action shall commence on August 19, 2013, at 9:00 a.m., in Courtroom 13A. The parties shall file and serve their motions in limine on or before July 26, 2013. Oppositions to motions in limine shall be filed on or before August 2, 2013. A hearing on the parties motions in limine shall be held on August 9, 2013, at 1:30 p.m.Signed by Judge Dana M. Sabraw on 7/19/2013. (Attachments: # 1 Civil Pretrial & Trial Procedures of Judge Dana M. Sabraw)(aef) (Entered: 07/19/2013)
In Limine MOTION to Preclude MIL No. 01 - Ticker-Intent by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Dickerson, # 3 Exhibit 01)(Dickerson, Robert) (aef). (Entered: 07/26/2013)
In Limine MOTION to Preclude MIL No. 02 - Unrelated Litigation by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Dickerson, # 3 Exhibit 01 (Under Seal))(Dickerson, Robert) (aef). (Entered: 07/26/2013)
In Limine MOTION to Preclude MIL No. 03 - Invention Date by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Dickerson, # 3 Ex 01, # 4 Ex 02, # 5 Ex 03, # 6 Ex 04, # 7 Ex 05 (Under Seal), # 8 Ex 06, # 9 Ex 07 (Under Seal))(Dickerson, Robert) (aef). (Entered: 07/26/2013)
In Limine MOTION to Preclude MIL No. 04 - Reexam by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities)(Dickerson, Robert) (aef). (Entered: 07/26/2013)
In Limine MOTION to Preclude Defendant From Presenting Claim Construction Arguments to the Jury at Trial by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities)(Murray, Sean) (aef). (Entered: 07/26/2013)
In Limine MOTION to Preclude Defendant From Presenting Evidence Or Argument Of Patent Invalidity Under 35 U.S.C. § 102(F) (MIL No. 2) by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities)(Murray, Sean) (aef). (Entered: 07/26/2013)
In Limine MOTION to Preclude Arthrex From Presenting Evidence Or Argument Regarding Kfxs Preliminary Infringement Contentions (MIL No. 3) by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities)(Murray, Sean) Modified on 7/29/2013-Certificate of Service not signed (aef). (Entered: 07/26/2013)
In Limine MOTION to Preclude Defendant From Presenting Evidence Regarding The 2004 Business Dispute Between Ron Giannotti And Alec Piplani (MIL No. 4) by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities)(Murray, Sean) (aef). (Entered: 07/26/2013)
DECLARATION re 154 In Limine MOTION to Preclude Defendant From Presenting Evidence Regarding The 2004 Business Dispute Between Ron Giannotti And Alec Piplani (MIL No. 4), 151 In Limine MOTION to Preclude Defendant From Presenting Claim Construction Arguments to the Jury at Trial, 153 In Limine MOTION to Preclude Arthrex From Presenting Evidence Or Argument Regarding Kfxs Preliminary Infringement Contentions (MIL No. 3), 152 In Limine MOTION to Preclude Defendant From Presenting Evidence Or Argument Of Patent Invalidity Under 35 U.S.C. § 102(F) (MIL No. 2) Declaration of Sean M. Murray in Support of KFxs Motions in Limine Nos. 1-4 by Plaintiff KFX Medical Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Murray, Sean) (aef). (Entered: 07/26/2013)
****DOCUMENT WITHDRAWN PER ENTRY 179 **** - MOTION for Order Correcting Inventorship of U.S. Patent Nos. 7,585,311 and 8,100,942 by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Joseph F. Jennings, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18)(Jennings, Joseph) (aef). Modified on 8/7/2013-to withdraw motion (aef). (Entered: 07/26/2013)
RESPONSE in Opposition re 151 In Limine MOTION to Preclude Defendant From Presenting Claim Construction Arguments to the Jury at Trial filed by Arthrex Incorporated. (Attachments: # 1 Dickerson Dec, # 2 Ex 01, # 3 Ex 02 (Under Seal), # 4 Ex 03 (Under Seal), # 5 Ex 04 (Under Seal))(Dickerson, Robert) (aef). (Entered: 08/02/2013)
RESPONSE in Opposition re 153 In Limine MOTION to Preclude Arthrex From Presenting Evidence Or Argument Regarding Kfxs Preliminary Infringement Contentions (MIL No. 3) filed by Arthrex Incorporated. (Attachments: # 1 Dickseron Dec, # 2 Ex 01, # 3 Ex 02, # 4 Ex 03, # 5 Ex 04, # 6 Ex 05, # 7 Ex 06)(Dickerson, Robert) (aef). (Entered: 08/02/2013)
RESPONSE in Opposition re 154 In Limine MOTION to Preclude Defendant From Presenting Evidence Regarding The 2004 Business Dispute Between Ron Giannotti And Alec Piplani (MIL No. 4) filed by Arthrex Incorporated. (Attachments: # 1 Dickseron Dec, # 2 Ex 01 (Under Seal), # 3 Ex 02 (Under Seal), # 4 Ex 03 (Under Seal), # 5 Ex 04 (Under Seal))(Dickerson, Robert) (aef). (Entered: 08/02/2013)
DECLARATION re 175 Response in Opposition to Motion, 173 Response in Opposition to Motion, 176 Response in Opposition to Motion, 172 Response in Opposition to Motion, Declaration of Sean M. Murray by Plaintiff KFX Medical Corporation. (Attachments: # 1 Exhibit 11 to Murray Declaration, # 2 Exhibit 12 to Murray Declaration, # 3 Exhibit 13 to Murray Declaration, # 4 Exhibit 14 to Murray Declaration, # 5 Exhibit 15 to Murray Declaration, # 6 Exhibit 16 to Murray Declaration, # 7 Exhibit 17 to Murray Declaration, # 8 Exhibit 18 to Murray Declaration, # 9 Exhibit 19 to Murray Declaration, # 10 Exhibit 20 to Murray Declaration, # 11 Exhibit 21 to Murray Declaration, # 12 Exhibit 22 to Murray Declaration, # 13 Exhibit 23 to Murray Declaration, # 14 Exhibit 24 to Murray Declaration, # 15 Exhibit 25 to Murray Declaration, # 16 Exhibit 26 to Murray Declaration)(Murray, Sean) (aef). (Entered: 08/02/2013)
NOTICE by KFX Medical Corporation of Joint Submission of Jury Verdict Forms (Attachments: # 1 Appendix A - KFx Verdict Form, # 2 Appendix B - Arthrex Verdict Form)(Jennings, Joseph) (aef). (Entered: 08/12/2013)
TRIAL BRIEF by KFX Medical Corporation. (Attachments: # 1 Appendix 1)(Jennings, Joseph) (aef). (Entered: 08/12/2013)
RESPONSE in Opposition re 142 In Limine MOTION to Preclude MIL No. 02 - Unrelated Litigation - Supplemental Brief filed by KFX Medical Corporation. (Attachments: # 1 Declaration of Joseph F. Jennings, # 2 Exhibit 5274, # 3 Exhibit 5223, # 4 Exhibit 80, # 5 Exhibit 15, # 6 Exhibit 20, # 7 Exhibit A, # 8 Exhibit 5502, # 9 Exhibit 5323, # 10 Exhibit 5314, # 11 Exhibit 5324, # 12 Exhibit 5774, # 13 Exhibit 5491, # 14 Exhibit 5777, # 15 Exhibit 5332, # 16 Exhibit 5273, # 17 Exhibit 73, # 18 Exhibit 531)(Jennings, Joseph) (aef). (Entered: 08/13/2013)
RESPONSE in Support re 142 In Limine MOTION to Preclude MIL No. 02 - Unrelated Litigation (Under Seal) filed by Arthrex Incorporated. (Attachments: # 1 Dickerson Dec, # 2 Ex 01 (Under Seal), # 3 Ex 02, # 4 Ex 03 (Under Seal), # 5 Ex 04 (Under Seal), # 6 Ex 05 (Under Seal))(Dickerson, Robert)(aef). (Entered: 08/13/2013)
SEALED LODGED Proposed Document re: 218 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert)(leh). (Entered: 08/15/2013)
MOTION Prohibit KFx from making any reference to the S&N Agreement at trial -PX 0936 (Under Seal) by Arthrex Incorporated. (Attachments: # 1 Dickerson Dec, # 2 Ex 01 (Under Seal), # 3 Ex 02 (Under Seal), # 4 Ex 03 (Under Seal), # 5 Ex 04 (Under Seal), # 6 Ex 05 (Under Seal), # 7 Ex 06 (Under Seal), # 8 Ex 07 (Under Seal), # 9 Ex 08 (Under Seal), # 10 Ex 09 (Under Seal), # 11 Ex 10, # 12 Ex 11, # 13 Ex 12 (Under Seal), # 14 Ex 13 (Under Seal), # 15 Ex 14, # 16 Ex 15, # 17 Ex 16, # 18 Ex 17)(Dickerson, Robert) Modified on 8/16/2013-QC mailer sent re motion not filed timely (aef). (Entered: 08/15/2013)
SEALED LODGED Proposed Document re: 229 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert)(leh). (Entered: 08/20/2013)
RESPONSE re 231 Status Conference, to KFxs Request to Exclude Evidence of Arthrexs Patent filed by Arthrex Incorporated. (Attachments: # 1 Exhibit 01)(Dickerson, Robert) (aef). (Entered: 08/21/2013)
SEALED LODGED Proposed Document re: 242 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert)(leh). (Entered: 08/23/2013)
MOTION for Leave to File Excess Pages for Motion for Judgment as a Matter of Law under Rule 50(b) by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities)(Tamburo, Salvatore) (aef). (Entered: 10/25/2013)
MOTION for Attorney Fees Plaintiffs Motion for Enhanced Damages and Attorneys Fees for Willful Infringement by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Sean M. Murray, # 3 Exhibit Exhibits to Declaration)(Murray, Sean) (jao). (Entered: 10/31/2013)
BILL OF COSTS submitted by Plaintiff KFX Medical Corporation in the amount of $ 190,451.62. Hearing set for 11/19/2013 at 10:00AM. (Attachments: # 1 Notice of Application to Tax Costs, # 2 Memo of Points and Authorities, # 3 Declaration of Joseph F. Jennings, # 4 Exhibit 1-6, # 5 Proof of Service)(Jennings, Joseph) (jao). (Entered: 10/31/2013)
MOTION to Alter Judgment , MOTION to Amend Judgment and Make Additional Findings by KFX Medical Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of J. Ticker with Exhibit A, # 3 Declaration of G. Tibbitts with Exhibits B-D, # 4 Declaration of T. Scott with Exhibits E-K, # 5 Declaration of G. Strong with Exhibits L-N [Public Version], # 6 Declaration of Brian Horne with Part One of Exhibits [Public Version], # 7 Exhibit Part Two of Exhibits to Declaration of Brian Horne [Public Version])(Jennings, Joseph) (jao). (Entered: 11/14/2013)
MOTION for Judgment as a Matter of Law by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities, # 2 Dickerson Dec, # 3 Ex 01, # 4 Ex 02 (Under Seal), # 5 Ex 03, # 6 Ex 04 (Under Seal), # 7 Ex 05, # 8 Ex 06 (Under Seal), # 9 Ex 07 (Under Seal), # 10 Ex 08 (Under Seal), # 11 Ex 09 (Under Seal), # 12 Ex 10 (Under Seal), # 13 Ex 11 (Under Seal), # 14 Ex 12 (Under Seal), # 15 Ex 13 (Under Seal), # 16 Ex 14 (Under Seal))(Dickerson, Robert) (jao). (Entered: 11/14/2013)
MOTION for New Trial by Arthrex Incorporated. (Attachments: # 1 Memo of Points and Authorities, # 2 Dickerson Dec, # 3 Ex 01, # 4 Ex 02 (Under Seal), # 5 Ex 03 (Under Seal), # 6 Ex 04 (Under Seal), # 7 Ex 05 (Under Seal), # 8 Ex 06 (Under Seal))(Dickerson, Robert) (jao). (Entered: 11/14/2013)
[FILED AS SEALED DOCUMENT ON 6/25/2014] SEALED LODGED Proposed Document re: 322 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). (Main Document 323 replaced on 6/25/2014) (jah). Modified on 6/25/2014 - Added file date of lodgment (jah). (Entered: 12/13/2013)
RESPONSE in Opposition re 304 MOTION to Alter Judgment MOTION to Amend Judgment and Make Additional Findings filed by Arthrex Incorporated. (Attachments: # 1 Declaration Dickerson, # 2 Ex 01 (Under Seal), # 3 Ex 02, # 4 Ex 03 (Under Seal), # 5 Ex 04 (Under Seal), # 6 Ex 05 (Under Seal), # 7 Declaration Benavitz, # 8 Ex 01, # 9 Ex 02, # 10 Ex 03, # 11 Declaration Sodeika, # 12 Ex 01, # 13 Ex 02, # 14 Ex 03, # 15 Declaration Hanypsiak, # 16 Declaration Vandewalker)(Dickerson, Robert) (aef). (Entered: 12/13/2013)
RESPONSE in Opposition re 293 MOTION for Attorney Fees Plaintiffs Motion for Enhanced Damages and Attorneys Fees for Willful Infringement filed by Arthrex Incorporated. (Attachments: # 1 Declaration Dickerson, # 2 Ex 01, # 3 Ex 02 (Under Seal), # 4 Ex 03 (Under Seal), # 5 Ex 04 (Under Seal), # 6 Ex 05 (Under Seal), # 7 Ex 06 (Under Seal), # 8 Ex 07 (Under Seal))(Dickerson, Robert) (aef). (Entered: 12/13/2013)
RESPONSE in Opposition re 309 MOTION for Judgment as a Matter of Law filed by KFX Medical Corporation. (Attachments: # 1 Declaration of Joseph F. Jennings, # 2 Exhibits - Part 1, # 3 Exhibits - Part 2, # 4 Exhibits - Part 3, # 5 Exhibits - Part 4, # 6 Exhibits - Part 5)(Jennings, Joseph) (aef). (Entered: 12/13/2013)
RESPONSE in Support re 309 MOTION for Judgment as a Matter of Law filed by Arthrex Incorporated. (Attachments: # 1 Dickerson Dec, # 2 Ex 15, # 3 Ex 16, # 4 Ex 17, # 5 Ex 18, # 6 Ex 19, # 7 Ex 20)(Dickerson, Robert) (aef). (Entered: 01/10/2014)
RESPONSE in Support re 313 MOTION for New Trial filed by Arthrex Incorporated. (Attachments: # 1 Dickerson Dec, # 2 Ex 07, # 3 Ex 08)(Dickerson, Robert) (aef). (Entered: 01/10/2014)
REPLY to Response to Motion re 304 MOTION to Alter Judgment MOTION to Amend Judgment and Make Additional Findings Reply Memorandum in Support of Plaintiffs Motion to Amend the Judgment and Make Additional Findings filed by KFX Medical Corporation. (Attachments: # 1 Second Declaration of Tate Scott)(Jennings, Joseph) (aef). (Entered: 01/10/2014)
DECLARATION re 324 Response in Opposition to Motion,, Arthrexs Notice Of Filing Updated Declarations In Support Of Its Response and Opposition to Plaintiffs Motion to Amend the Judgment and Make Additional Findings by Defendant Arthrex Incorporated. (Attachments: # 1 Declaration Benavitz, Bill, # 2 Declaration Sodeika, John, # 3 Declaration Hanypsiak, Bryan, # 4 Declaration Vandewalker, Jeff)(Dickerson, Robert) (aef). (Entered: 01/23/2014)
MOTION for Order to Approve Form And Amount Of Supersedeas Bond, and to Stay Execution by Arthrex Incorporated. (Attachments: # 1 Exhibit A)(Saber, Charles). Added MOTION to Stay Execution on 10/20/2014 (aef). (Entered: 10/20/2014)
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (pvm) (cap). (Main Document 2 replaced on 8/9/2011) (pvm). (Entered: 08/02/2011)
NOTICE of Party With Financial Interest by KFX Medical Corporation re 1 Complaint, (pvm) (cap). (Entered: 08/02/2011)
REPORT on the filing or determination of an action regarding patent and/or trademark(s) 7,585,311 cc:USPTO (pvm) Modified on 8/2/2011 (pvm). (cap). (Entered: 08/02/2011)
SUMMONS Returned Executed by KFX Medical Corporation. Arthrex Incorporated served on 8/3/2011, answer due 8/24/2011. (Bennett, Phillip) (lao). (Entered: 08/11/2011)
Joint MOTION for Extension of Time to File Answer by Arthrex Incorporated. (Tomasulo, Michael) (lao). (Entered: 08/24/2011)
ORDER granting 6 Joint Motion stipulating to extend time for Defendant to Answer or otherwise Respond to Plaintiffs Complaint. The time in which Defendant may file its response to Plaintiffs Complaint is hereby extended through and including September 23, 2011. Signed by Judge Dana M. Sabraw on 8/24/11. (lao) (Entered: 08/24/2011)
ANSWER to 1 Complaint, with Jury Demand and, COUNTERCLAIM against KFX Medical Corporation by Arthrex Incorporated.(Tomasulo, Michael) (lao). (Entered: 09/23/2011)
NOTICE AND ORDER for Early Neutral Evaluation Conference. (Early Neutral Evaluation set for 10/31/2011 01:30 PM in chambers before Magistrate Judge Barbara Lynn Major.) Signed by Magistrate Judge Barbara Lynn Major on 9/23/11.(lao) (Entered: 09/23/2011)
NOTICE of Party With Financial Interest by Arthrex Incorporated (Tomasulo, Michael) (lao). (Entered: 09/29/2011)
PRO HAC VICE APPOINTED: Charles W. Saber appearing for Defendant Arthrex Incorporated, Counter Claimant Arthrex Incorporated. (All non-registered users served via U.S. Mail Service)(cge)(jrd) (Entered: 10/05/2011)
PRO HAC VICE APPOINTED: Salvatore P. Tamburo appearing for Defendant Arthrex Incorporated, Counter Claimant Arthrex Incorporated. (All non-registered users served via U.S. Mail Service)(cge)(jrd) (Entered: 10/05/2011)
PRO HAC VICE APPOINTED: Megan S. Woodworth appearing for Defendant Arthrex Incorporated, Counter Claimant Arthrex Incorporated. (All non-registered users served via U.S. Mail Service)(cge)(jrd) (Entered: 10/05/2011)
PRO HAC VICE APPOINTED: S. Gregory Herman appearing for Defendant Arthrex Incorporated, Counter Claimant Arthrex Incorporated. (All non-registered users served via U.S. Mail Service)(cge)(jrd) (Entered: 10/05/2011)
Joint MOTION to Continue ENE Conference and Initial Case Management Conference by Arthrex Incorporated. (Tomasulo, Michael) no certificate of service attached (lao). (Entered: 10/07/2011)
ORDER granting in part 15 Joint Motion to Continue Early Neutral Evaluation Conference and initial Case Management Conference. (Case Management Conference set for 11/10/2011 01:30 PM before Magistrate Judge Barbara Lynn Major. Early Neutral Evaluation set for 11/10/2011 01:30 PM before Magistrate Judge Barbara Lynn Major.) Signed by Magistrate Judge Barbara Lynn Major on 10/11/11. (lao) (Entered: 10/11/2011)
REPLY re 8 Answer to Complaint, Counterclaim filed by KFX Medical Corporation. (Bennett, Phillip) (lao). (Entered: 10/17/2011)
Joint Case Management Statement filed as REPORT of Rule 26(f) Planning Meeting. (Bennett, Phillip) Modified text on 11/4/2011 to reflect document title (lao). (Entered: 11/03/2011)
Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings. On November 10, 2011, the Court convened an Early Neutral Evaluation Conference. On or before March 12, 2012, the parties shall complete and file a Joint Claim Construction Chart, Joint Claim Construction Worksheet, and Joint Hearing Statement. On or before April 23, 2012, the parties shall simultaneously file and serve opening briefs and any evidence supporting their claim construction. On or before May 7, 2012, the parties shall simultaneously file and serve briefs responsive to the opposing partys opening brief and any evidence directly rebutting the supporting evidence contained in the opposing partys opening brief. (Mandatory Settlement Conference set for 9/10/2012 09:30 AM in chambers of Magistrate Judge Barbara Lynn Major. Final Pretrial Conference set for 4/19/2013 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw. Jury Trial set for 5/20/2013 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw. Claims Construction Hearing set for 6/4/2012 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw.) Signed by Magistrate Judge Barbara Lynn Major on 11/10/11.(lao)(jrd) (Entered: 11/14/2011)
JOINT HEARING STATEMENT by KFX Medical Corporation. (Bennett, Phillip) (lao). (Entered: 03/12/2012)
JOINT CLAIM CONSTRUCTION CHART by KFX Medical Corporation. (Bennett, Phillip) (lao). (Entered: 03/12/2012)
JOINT CLAIM CONSTRUCTION WORKSHEET by KFX Medical Corporation. (Bennett, Phillip) (lao). (Entered: 03/12/2012)
ORDER granting 24 Joint Motion for leave to file First Amended Complaint and to Amend Case Management Order regulating discovery and other pretrial proceedings. The First Amended Complaint lodged with the Joint Motion is deemed filed as of the date of this Order. Filing of Joint Claim Construction Chart, Worksheet and Hearing Statement on 942 and 969 Patents due 6/25/12. (Claims Construction Hearing set for 9/10/2012 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw. Mandatory Settlement Conference set for 12/10/2012 09:30 AM before Magistrate Judge Barbara Lynn Major. Final Pretrial Conference set for 7/19/2013 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw. Jury Trial set for 8/19/2013 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) Signed by Judge Dana M. Sabraw on 4/3/12. (lao) (Entered: 04/04/2012)
FIRST AMENDED COMPLAINT with Jury Demand against Arthrex Incorporated, filed by KFX Medical Corporation. (lao) (cap). (Entered: 04/04/2012)
ANSWER to 27 Amended Complaint , COUNTERCLAIM against KFX Medical Corporation by Arthrex Incorporated.(Tamburo, Salvatore)(aef). (Entered: 04/23/2012)
ORDER Granting Joint Motion For Protective Order With Modification And Resolving Dispute Regarding Terms Of Protective Order (Re Doc. 25 ). Signed by Magistrate Judge Barbara Lynn Major on 5/4/2012. (mdc)(jrd) (Entered: 05/04/2012)
NOTICE OF WITHDRAWAL OF DOCUMENT by KFX Medical Corporation re 30 MOTION to Dismiss Defendants Counterclaim for Inequitable Conduct in Connection with U.S. Patents 8,100,942 and 8,109,969; to Strike the Corresponding Affirmative Defense; and to Extend Time to Answer Remaining Counterclaim Allegations filed by KFX Medical Corporation . (Jennings, Joseph)(aef). (Entered: 05/25/2012)
JOINT CLAIM CONSTRUCTION CHART by KFX Medical Corporation. (Jennings, Joseph)(aef). (Entered: 06/25/2012)
JOINT CLAIM CONSTRUCTION WORKSHEET by KFX Medical Corporation. (Jennings, Joseph)(aef). (Entered: 06/25/2012)
JOINT HEARING STATEMENT by KFX Medical Corporation. (Jennings, Joseph)(aef). (Entered: 06/25/2012)
ORDER Re: Oral Argument. The Court has reviewed the parties briefs, and finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the July 13, 2012 hearing is vacated. Signed by Judge Dana M. Sabraw on 7/10/2012.(aef)(jrd) (Entered: 07/10/2012)
NOTICE by Arthrex Incorporated re 44 Declaration, Errata Regarding the Declaration of Jonathan Greenleaf, M.D. (Exhibit 11 to the Declaration of S. Tamburo in Support of Opening Claim Construction Brief) (Tomasulo, Michael)(aef) Modified on 7/25/2012-QC mailer sent to atty re document containing wrong s/ (aef). (Entered: 07/24/2012)
NOTICE by Arthrex Incorporated re 45 Notice (Other), Corrected Notice of Errata re Declaration of J. Greenleaf, M.D. [Exh 11 to Decl. of S. Tamburo] (Saber, Charles)(aef). (Entered: 07/25/2012)
ORDER Granting In Part and Denying In Part 32 Motion to Dismiss Defendants Counterclaim. Arthrex is granted leave to amend its allegations on the third charge of inequitable conduct. That amendment shall be filed on or before 08/24/2012. Signed by Judge Dana M. Sabraw on 08/15/2012. (ag)(jrd) (Entered: 08/15/2012)
MOTION to File Documents Under Seal (Tamburo, Salvatore) (leh). (Entered: 08/27/2012)
[FILED AS SEALED DOCUMENT ON 10/5/2012] - SEALED LODGED Proposed Document re: 50 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tamburo, Salvatore)(leh) Modified on 10/9/2012 to add file date to lodgment (leh) (Entered: 08/27/2012)
CERTIFICATE OF SERVICE by Arthrex Incorporated(A Delaware Corporation) re 51 Sealed Lodged Proposed Document (Tamburo, Salvatore)(aef). (Entered: 08/27/2012)
NOTICE by KFX Medical Corporation re 42 Claim Construction Brief, Notice of Errata Regarding the Declaration of Jonathan B. Ticker, M.D. in Support of Plaintiffs Opening Claim Construction Brief (Bennett, Phillip)(aef). (Entered: 08/29/2012)
ANSWER to 28 Answer to Amended Complaint, Counterclaim KFx Medical Corporations Reply to Counterclaims to First Amended Complaint by KFX Medical Corporation.(Bennett, Phillip) (aef). (Entered: 08/29/2012)
REPLY to Response to Motion re 39 MOTION for Summary Judgment of No Inequitable Conduct in Connection with U.S. Patent No. 7,585,311 filed by KFX Medical Corporation. (Jennings, Joseph)(aef). (Entered: 08/31/2012)
MOTION to Allow the Use of Electrical Equipment in the Courtroom for the September 10, 2012 Markman Hearing by Arthrex Incorporated(A Delaware Corporation). (Tamburo, Salvatore) Modified on 9/7/2012-QC mailer sent to atty re no memorandum of points and authorities; no hearing date and time (aef). (Entered: 09/07/2012)
ORDER Authorizing Defendant to bring Equipment to September 10, 2012 Markman Hearing, and to use Courtroom Equipment. Defendant Arthrex, Inc. ("Arthrex") may bring a projector, a projector stand and three laptop computers and such other power cords, connectors and/or adaptors as may be necessary to allow use of the laptops and projection system during the Markman hearing set for September 10, 2012 at 9:00 am. Signed by Judge Dana M. Sabraw on 9/7/2012. (aef) (Entered: 09/07/2012)
ORDER Allowing Physical Samples of Surgical Equipment into the Courtroom. It is hereby ordered that Plaintiff KFx Medical Corporation ("KFx"), through their counsel Knobbe, Martens, Olson & Bear, LLP, is permitted to bring into the Court certain product samples for use at a hearing on September 10, 2012. The product samples are surgical suture anchor assemblies. Signed by Judge Dana M. Sabraw on 9/7/2012.(aef) (Entered: 09/07/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Claims Construction Hearing/Motion Hearing) held on 9/10/2012, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/16/2012. Redacted Transcript Deadline set for 10/26/2012. Release of Transcript Restriction set for 12/24/2012. (akr) (Entered: 09/25/2012)
ORDER Granting 50 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 10/5/2012. (leh) (Entered: 10/09/2012)
ORDER Construing Patent Claims. Signed by Judge Dana M. Sabraw on 10/10/2012.(aef)(jrd) (Entered: 10/10/2012)
ORDER granting 39 Plaintiffs Motion for Summary Judgment of No Inequitable Conduct in connection with U.S. Patent No. 7,585,311. Signed by Judge Dana M. Sabraw on 10/15/2012. (aef) (Entered: 10/15/2012)
ORDER Resetting Mandatory Settlement Conference. Mandatory Settlement Conference reset for 12/10/2012 01:30 PM in the chambers of Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 11/26/2012.(jao)(jrd) (Entered: 11/26/2012)
NOTICE of Appearance by Brian C Horne on behalf of KFX Medical Corporation (Horne, Brian) (aef). (Entered: 12/13/2012)
NOTICE of Appearance by Sarah Lisbeth Lampton on behalf of KFX Medical Corporation (Lampton, Sarah) (aef). (Entered: 12/17/2012)
NOTICE of Appearance by Lawrence R. LaPorte on behalf of Arthrex Incorporated(A Delaware Corporation) (LaPorte, Lawrence) (rlu). (Entered: 04/05/2013)
MOTION to Withdraw as Attorney Michael A. Tomasulo by Arthrex Incorporated(A Delaware Corporation). (LaPorte, Lawrence) (jpp). (Entered: 04/05/2013)
NOTICE by KFX Medical Corporation of Withdrawal of Phillip Bennett as Counsel for KFx Medical Corporation (Jennings, Joseph) (vam). (Entered: 04/08/2013)
NOTICE of Appearance by Marissa Megan Calcagno on behalf of KFX Medical Corporation (Calcagno, Marissa) (vam). (Entered: 05/06/2013)
ORDER Granting Defendant Arthrex, Inc.s Unopposed Motion to Exceed the Page Limit for its Summary Judgment Motion 74 . The page limit for Arthrexs Summary Judgment motion is extended to 50 pages. Signed by Judge Dana M. Sabraw on 5/15/2013. (vam)(jrd) (Entered: 05/15/2013)
AMENDED ORDER Granting Defendant Arthrex, Inc.s Unopposed Motion to Exceed the Page Limit for its Summary Judgment Motion 74 . The page limit for Arthrexs Summary Judgment motion is extended to 50 pages and the page limit for KFXs Opposition to Arthrexs Summary Judgment motion is extended to 50 pages. Signed by Judge Dana M. Sabraw on 5/15/2013.(vam)(jrd) (Entered: 05/15/2013)
NOTICE of Appearance by Sean M. Murray on behalf of KFX Medical Corporation (Murray, Sean) (vam). (Entered: 05/17/2013)
MOTION to File Documents Under Seal (Saber, Charles) (leh). (Entered: 05/17/2013)
[FILED AS SEALED DOCUMENTS ON 6/14/2013] - SEALED LODGED Proposed Document re: 79 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Saber, Charles) (leh) Modified on 6/14/2013 to add file date to lodgment(leh). (Entered: 05/17/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated(A Delaware Corporation) re 80 Sealed Lodged Proposed Document (Saber, Charles) (vam). (Entered: 05/17/2013)
MOTION to File Documents Under Seal (Horne, Brian) (leh). (Entered: 05/31/2013)
[FILED AS SEALED DOCUMENT ON 6/14/2013] - SEALED LODGED Proposed Document re: 83 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Horne, Brian)(leh) Modified on 6/14/2013 to add file date to lodgment (leh). (Entered: 05/31/2013)
Joint MOTION to Continue Hearing on KFxs Motion to Preclude Arthrex and Its Expert from Relying on Customer-Level Sales Data by KFX Medical Corporation. (Horne, Brian) (aef). (Entered: 06/11/2013)
ORDER Granting 86 Joint Motion to Continue Hearing. The June 28, 2013, hearing on KFxs Motion to Preclude Arthrex and Its Expert from Relying on Customer-Level Sales Data currently scheduled for June 28, 2013, at 1:30 p.m., is continued to July 19, 2013, at 1:30 p.m. Signed by Judge Dana M. Sabraw on 6/11/2013. (jao) (Entered: 06/11/2013)
Ex Parte MOTION KFxs Ex Parte Application for Leave to Manually File Materials in Support of Its Opposition to Defendants Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by KFX Medical Corporation. (Jennings, Joseph) Modified on 6/14/2013-Missing memorandum of points and authorities (aef). (Entered: 06/13/2013)
ORDER Granting 79 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 6/14/2013. (leh) (Entered: 06/14/2013)
ORDER Granting 83 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 6/14/2013. (leh) (Entered: 06/14/2013)
MOTION to File Documents Under Seal (Saber, Charles) (leh). (Entered: 06/14/2013)
[FILED AS SEALED DOCUMENT ON 8/9/2013] - SEALED LODGED Proposed Document re: 93 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Saber, Charles)(leh) Modified on 8/12/2013 to add file date to lodgment (leh). (Entered: 06/14/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 94 Sealed Lodged Proposed Document (Saber, Charles) (aef). (Entered: 06/14/2013)
MOTION to File Documents Under Seal (Jennings, Joseph)(leh). (Entered: 06/14/2013)
[FILED AS SEALED DOCUMENT ON 6/19/2013] - SEALED LODGED Proposed Document re: 97 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Jennings, Joseph)(leh). Modified on 6/19/2013 to add file date to lodgment(leh). (Entered: 06/14/2013)
ORDER Granting 88 KFXs Ex Parte Application for Leave to Manually File Materials in Support of its Opposition to Defendants Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56. Signed by Judge Dana M. Sabraw on 6/17/2013. (aef)(jrd) (Entered: 06/17/2013)
NOTICE of Lodgment by KFX Medical Corporation re 100 Order on Motion for Miscellaneous (Other 1), 99 Response in Opposition to Motion, (Horne, Brian)(aef). (Entered: 06/17/2013)
ORDER Granting Defendant Arthrex, Incs Unopposed Motion to Exceed the Page Limit for its Reply in Support of its Summary Judgment Motion 102 . The page limit for Arthrexs Reply in support of its Summary Judgment motion is extended to 20 pages. Signed by Judge Dana M. Sabraw on 6/19/2013. (vam)(jrd) (Entered: 06/19/2013)
ORDER Granting 97 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 6/19/2013. (leh) (Entered: 06/19/2013)
MOTION to File Documents Under Seal (Saber, Charles) (sjt). (Entered: 06/21/2013)
[FILED AS SEALED DOCUMENT ON 6/28/2013] - SEALED LODGED Proposed Document re: 107 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Saber, Charles) (sjt) Modified on 6/28/2013 to add file date to lodgment (leh). (Entered: 06/21/2013)
MOTION to File Documents Under Seal (Jennings, Joseph) (sjt). (Entered: 06/21/2013)
[FILED AS SEALED DOCUMENT ON 6/28/2013] - SEALED LODGED Proposed Document re: 110 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Jennings, Joseph) (sjt). Modified on 6/28/2013 to add file date to lodgment(leh). (Entered: 06/21/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 108 Sealed Lodged Proposed Document (Saber, Charles) (aef). (Entered: 06/21/2013)
NOTICE by KFX Medical Corporation re 85 MOTION to Preclude Arthrex and Its Expert From Relying on Customer-Level Sales Data Plaintiffs Notice of Withdrawal of Motion to Preclude Arthrex and Its Expert from Relying on Customer-Level Sales Data (Horne, Brian) Modified on 6/24/2013-Wrong event used (aef). (Entered: 06/21/2013)
MOTION to File Documents Under Seal (Saber, Charles) (sjt). (Entered: 06/21/2013)
[FILED AS SEALED DOCUMENT ON 6/28/2013] - SEALED LODGED Proposed Document re: 115 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Saber, Charles) (sjt) Modified on 6/28/2013 to add file date to lodgment (leh). (Entered: 06/21/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 116 Sealed Lodged Proposed Document (Saber, Charles) (aef). (Entered: 06/21/2013)
ORDER Granting 107 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 6/28/2013. (leh) (Entered: 06/28/2013)
ORDER granting 110 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 6/28/2013. (leh) (Entered: 06/28/2013)
ORDER granting 115 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 6/28/2013. (leh) (Entered: 06/28/2013)
MOTION to File Documents Under Seal (Tamburo, Salvatore)(leh). (Entered: 07/01/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 127 Sealed Lodged Proposed Document (Tamburo, Salvatore)(aef). (Entered: 07/01/2013)
ORDER granting 78 Plaintiffs Motion for Summary Judgment. The Court grants KFxs motion for summary judgment of no inequitable conduct in connection with the 942 and 969 Patents. Signed by Judge Dana M. Sabraw on 7/10/2013. (aef) (Entered: 07/10/2013)
ORDER denying 81 Defendants Motion for Summary Judgment. Signed by Judge Dana M. Sabraw on 7/10/2013. (aef) (Entered: 07/10/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 6/28/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/1/2013. Redacted Transcript Deadline set for 8/12/2013. Release of Transcript Restriction set for 10/9/2013. (akr) (Entered: 07/11/2013)
NOTICE of Appearance by Robert W. Dickerson on behalf of Arthrex Incorporated (Dickerson, Robert) (aef). (Entered: 07/11/2013)
NOTICE of Lodgment by KFX Medical Corporation Notice of Lodging of Pretrial Order Pursuant To Civil Local Rule 16.1.f.6.b (Jennings, Joseph)(aef). (Entered: 07/12/2013)
MOTION to File Documents Under Seal (Dickerson, Robert)(leh). (Entered: 07/26/2013)
[FILED AS SEALED DOCUMENT ON 7/29/2013] - SEALED LODGED Proposed Document re: 140 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Dickerson, Robert)(leh). Modified on 7/30/2013 to add file date to lodgment (leh). (Entered: 07/26/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 141 Sealed Lodged Proposed Document (Dickerson, Robert) (aef). (Entered: 07/26/2013)
MOTION to File Documents Under Seal (Dickerson, Robert) (leh). (Entered: 07/26/2013)
[FILED AS SEALED DOCUMENT ON 7/29/2013] - SEALED LODGED Proposed Document re: 144 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert)(leh) Modified on 7/30/2013 to add file date to lodgment(leh). (Entered: 07/26/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 141 Sealed Lodged Proposed Document (Dickerson, Robert) (aef). (Entered: 07/26/2013)
MOTION to File Documents Under Seal (Murray, Sean)(leh). (Entered: 07/26/2013)
[FILED AS SEALED DOCUMENT ON 7/29/2013] - SEALED LODGED Proposed Document re: 149 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Murray, Sean)(leh) Modified on 7/30/2013 to add file date to lodgment (leh). (Entered: 07/26/2013)
ORDER Granting 140 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 7/29/2013. (leh) (Entered: 07/30/2013)
ORDER Granting 144 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 7/29/2013. (leh) (Entered: 07/30/2013)
ORDER Granting 149 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 7/29/2013. (leh) (Entered: 07/30/2013)
RESPONSE to Motion re 156 MOTION for Order Correcting Inventorship of U.S. Patent Nos. 7,585,311 and 8,100,942 filed by Arthrex Incorporated. (Dickerson, Robert) (aef). (Entered: 08/02/2013)
MOTION to File Documents Under Seal (Murray, Sean) (leh). (Entered: 08/02/2013)
[FILED AS SEALED DOCUMENT ON 8/9/2013] - SEALED LODGED Proposed Document re: 164 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Murray, Sean)(leh) Modified on 8/12/2013 to add file date to lodgment (leh). (Entered: 08/02/2013)
MOTION to File Documents Under Seal (Dickerson, Robert) (leh). (Entered: 08/02/2013)
[FILED AS SEALED DOCUMENT ON 8/9/2013] - SEALED LODGED Proposed Document re: 166 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert)(leh). Modified on 8/12/2013 to add file date to lodgment (leh). (Entered: 08/02/2013)
RESPONSE in Opposition re 152 In Limine MOTION to Preclude Defendant From Presenting Evidence Or Argument Of Patent Invalidity Under 35 U.S.C. § 102(F) (MIL No. 2) (Under Seal) filed by Arthrex Incorporated. (Dickerson, Robert) (aef). (Entered: 08/02/2013)
RESPONSE in Opposition re 139 In Limine MOTION to Preclude MIL No. 01 - Ticker-Intent KFxs Opposition to Defendants Motion in Limine No. 1 to Preclude KFx from Eliciting Testimony from Dr. Jonathan Ticker on Issues of Intent, State of Mind or Knowledge of Arthrex filed by KFX Medical Corporation. (Murray, Sean)(aef). (Entered: 08/02/2013)
RESPONSE in Opposition re 142 In Limine MOTION to Preclude MIL No. 02 - Unrelated Litigation KFxs Opposition To Defendants Motion In Limine No. 2 To Preclude Kfx From Presenting Argument, Eliciting Testimony, Or Otherwise Mentioning Litigation Involving Arthrex Not Related To The Present Action filed by KFX Medical Corporation. (Murray, Sean) Modified on 8/5/2013-QC mailer sent re missing certificate of service (aef). (Entered: 08/02/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 167 Sealed Lodged Proposed Document (Dickerson, Robert) (aef). (Entered: 08/02/2013)
RESPONSE in Opposition re 146 In Limine MOTION to Preclude MIL No. 03 - Invention Date KFxs Opposition To Defendants Motion In Limine No. 3 To Preclude KFx From Proffering Argument Or Testimony Suggesting That Any Asserted Claim Has An Invention Date Earlier Than September 17, 2004 filed by KFX Medical Corporation. (Murray, Sean) (aef). (Entered: 08/02/2013)
RESPONSE in Opposition re 148 In Limine MOTION to Preclude MIL No. 04 - Reexam KFxs Opposition To Defendants Motion In Limine No. 4 To Preclude KFx From Presenting Argument, Eliciting Testimony, Or Otherwise Mentioning During Trial That Any Of The Patents-In-Suit Have Been Re-Examined By The Patent Office filed by KFX Medical Corporation. (Murray, Sean)(aef). (Entered: 08/02/2013)
CERTIFICATE OF SERVICE by KFX Medical Corporation re 173 Response in Opposition to Motion, Proof of Service of Opposition to Arthrexs MIL No. 2 (Murray, Sean) (aef). (Entered: 08/05/2013)
NOTICE by KFX Medical Corporation re 156 MOTION for Order Correcting Inventorship of U.S. Patent Nos. 7,585,311 and 8,100,942 Plaintiffs Notice Of Withdrawal Of Motion For Correction Of Inventorship Of U.S. Patent Nos. 7,585,311 And 8,100,942 (Jennings, Joseph) (aef). (Entered: 08/06/2013)
ORDER on Motions in Limine. The Court requests supplemental briefing from the parties on whether the PushLock anchor at issue in the S&N case is the same as the PushLock anchor at issue in this case. The parties briefs shall be no more than five pages, and shall be submitted on or before August 13, 2013. On Arthrexs 148 motion in limine number 4, the Court stands on its tentative ruling, and denies the motion. Signed by Judge Dana M. Sabraw on 8/9/2013. (aef) (Entered: 08/09/2013)
ORDER Setting Mandatory Settlement Conference. A Mandatory Settlement Conference is set for 8/16/2013 at 10:00 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 8/9/2013.(aef)(jrd) (Entered: 08/09/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion in limine Hearing) held on 8/9/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/3/2013. Redacted Transcript Deadline set for 9/12/2013. Release of Transcript Restriction set for 11/12/2013. (akr) (Entered: 08/12/2013)
ORDER Granting 166 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 8/9/2013. (leh) (Entered: 08/12/2013)
ORDER Granting 164 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 8/9/2013. (leh) (Entered: 08/12/2013)
ORDER Granting 93 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 8/9/2013. (leh) (Entered: 08/12/2013)
Proposed Voir Dire by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 08/12/2013)
Proposed Voir Dire by Arthrex Incorporated. (Dickerson, Robert) (aef). (Entered: 08/12/2013)
Witness List by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 08/12/2013)
Exhibit List Joint Trial Exhibit List by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 08/12/2013)
NOTICE by KFX Medical Corporation of Proposed Joint Statement of the Case (Jennings, Joseph) Modified on 8/13/2013-QC mailer sent re missing signatures (aef). (Entered: 08/12/2013)
PROPOSED JURY INSTRUCTIONS by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 08/12/2013)
MOTION to File Documents Under Seal (Dickerson, Robert) (sjt). (Entered: 08/12/2013)
[FILED AS SEALED DOCUMENT ON 8/14/2013] - SEALED LODGED Proposed Document re: 197 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Dickerson, Robert) (sjt). Modified on 8/14/2013 to add file date to lodgment(leh). (Entered: 08/12/2013)
PROPOSED JURY INSTRUCTIONS by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 08/12/2013)
TRIAL BRIEF [Under Seal] by Arthrex Incorporated. (Dickerson, Robert) (aef). (Entered: 08/12/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 198 Sealed Lodged Proposed Document (Dickerson, Robert) (aef). (Entered: 08/12/2013)
PROPOSED JURY INSTRUCTIONS by Arthrex Incorporated. (Dickerson, Robert)(aef). (Entered: 08/12/2013)
MOTION to File Documents Under Seal (Jennings, Joseph)(leh). (Entered: 08/13/2013)
[FILED AS SEALED DOCUMENT ON 8/14/2013] - SEALED LODGED Proposed Document re: 204 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Jennings, Joseph)(leh) Modified on 8/14/2013 to add file date to lodgment(leh). (Entered: 08/13/2013)
MOTION to File Documents Under Seal (Dickerson, Robert)(leh). (Entered: 08/13/2013)
[FILED AS SEALED DOCUMENT ON 8/14/2013] - SEALED LODGED Proposed Document re: 207 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert)(leh) Modified on 8/14/2013 to add file date to lodgment(leh). (Entered: 08/13/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 208 Sealed Lodged Proposed Document (Dickerson, Robert)(aef). (Entered: 08/13/2013)
ORDER Granting 197 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 8/14/2013. (leh) (Entered: 08/14/2013)
ORDER Granting 204 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 8/14/2013. (leh) (Entered: 08/14/2013)
ORDER Granting 207 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 8/14/2013. (leh) (Entered: 08/14/2013)
ORDER on Motion In Limine. On Arthrexs motion in limine number 2, the Court grants Arthrexs motion and precludes KFx from referencing the district courts ruling in the S&N litigation with respect to the PushLock devices. Signed by Judge Dana M. Sabraw on 8/14/2013.(aef)(jrd) (Entered: 08/15/2013)
MOTION to File Documents Under Seal (Dickerson, Robert)(leh). (Entered: 08/15/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 219 Sealed Lodged Proposed Document (Dickerson, Robert) (aef). (Entered: 08/15/2013)
MOTION to File Documents Under Seal (Horne, Brian) (leh). (Entered: 08/16/2013)
[FILED AS SEALED DOCUMENT ON 8/16/2013] - SEALED LODGED Proposed Document re: 222 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Horne, Brian)(leh) Modified on 8/16/2013 to add file date to lodgment (leh). (Entered: 08/16/2013)
ORDER ALLOWING PLAINTIFF TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM. The Court further grants Plaintiffs request to use the electronic equipment supplied by the Court and located in the Courtroom. Signed by Judge Dana M. Sabraw on 8/15/2013.(aef) (Entered: 08/16/2013)
ORDER Granting 222 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 8/16/2013. (leh) (Entered: 08/16/2013)
MOTION to File Documents Under Seal (Dickerson, Robert)(leh). (Entered: 08/20/2013)
NOTICE of Appearance by Nathan Barnes Wenk on behalf of KFX Medical Corporation (Wenk, Nathan)Attorney Nathan Barnes Wenk added to party KFX Medical Corporation(pty:pla)(aef). (Entered: 08/21/2013)
Joint MOTION Stipulation to Narrow Issues for Trial by KFX Medical Corporation. (Jennings, Joseph) Modified on 8/22/2013-Document not signed with s/ (aef). (Entered: 08/21/2013)
REPLY - Other re 232 Response - Other Plaintiffs Reply to Defendants Bench Brief Regarding KFxs Request to Exclude Evidence of Arthrexs Patent filed by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 08/22/2013)
MOTION to File Documents Under Seal (Jennings, Joseph) (leh). (Entered: 08/22/2013)
SEALED LODGED Proposed Document re: 237 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Jennings, Joseph) (leh). (Entered: 08/22/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Status Conference) held on 8/16/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/13/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/21/2013. (akr) (Entered: 08/23/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Status Conference) held on 8/20/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/13/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/21/2013. (akr) (Entered: 08/23/2013)
MOTION to File Documents Under Seal (Dickerson, Robert)(leh). (Entered: 08/23/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 243 Sealed Lodged Proposed Document Arthrexs Sur-Reply re Suturebridge Patent [UNDER SEAL] (Dickerson, Robert)(aef). (Entered: 08/23/2013)
MOTION Bench Brief in Support of KFxs Motion to Preclude Defendant from Comparing Its Products to KFxs Commercial Products by KFX Medical Corporation. (Murray, Sean) Modified on 8/26/2013-QC mailer sent re wrong event selected; no hearing date and time (aef). (Entered: 08/26/2013)
MOTION Memorandum in Support of KFXs Renewed Motion in Limine No. 1 to Preclude Defendant from Presenting Claim Construction Arguments to the Jury at Trial re 151 In Limine MOTION to Preclude Defendant From Presenting Claim Construction Arguments to the Jury at Trial by KFX Medical Corporation. (Murray, Sean) Modified on 8/26/2013-QC mailer sent re wrong event selected; no hearing date and time (aef). (Entered: 08/26/2013)
Jury Trial Witness List. (jak) (Entered: 08/29/2013)
Jury Trial Joint EXHIBIT LIST. (jak) (Entered: 08/29/2013)
Jury Trial COURT EXHIBIT LIST and exhibit. (jak) (Entered: 08/29/2013)
Jury Instructions. Signed by Judge Dana M. Sabraw on 8/27/2013.(aef) (Entered: 08/30/2013)
JURY VERDICT FORM. (aef) (Entered: 08/30/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day 2, afternoon session) held on 8/22/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/25/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/3/2013. (akr) (Entered: 09/04/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day 3, afternoon session) held on 8/26/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/25/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/3/2013. (akr) (Entered: 09/04/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day 4, afternoon session) held on 8/27/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/25/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/3/2013. (akr) (Entered: 09/04/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day One) held on 8/21/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (akr) (Entered: 09/05/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day One, Jury Selection/Pretrial Admonitions) held on 8/21/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (akr) (Entered: 09/05/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Two, morning session) held on 8/22/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (akr) (Entered: 09/05/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Three, morning session) held on 8/26/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (akr) (Entered: 09/05/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Four, morning session) held on 8/27/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (akr) (Entered: 09/05/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Five) held on 8/28/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (akr) (Entered: 09/05/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Six/Verdict) held on 8/29/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/26/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/4/2013. (akr) (Entered: 09/05/2013)
ORDER Following Status Conference. A telephonic status conference was held on September 20, 2013. The damages trial shall commence on October 7, 2013, at 9:00 a.m. Any supplemental jury instructions shall be filed on or before the close of business on September 25, 2013. Objections to any supplemental instructions shall be filed on or before September 30, 2013. Counsel shall file a joint proposed verdict form, or if they cannot agree, respective proposed verdict forms on or before September 25, 2013. Signed by Judge Dana M. Sabraw on 9/20/2013.(aef)(jrd) (Entered: 09/20/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Status Hearing) held on 9/20/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/11/2013. Redacted Transcript Deadline set for 10/21/2013. Release of Transcript Restriction set for 12/19/2013. (akr) (Entered: 09/20/2013)
ORDER Setting Mandatory Settlement Conference. A Mandatory Settlement Conference is set for 10/1/2013 at 02:30 PM in the chambers of Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 9/24/2013.(aef)(jrd) (Entered: 09/24/2013)
PROPOSED JURY INSTRUCTIONS by Arthrex Incorporated. (Dickerson, Robert) (aef). (Entered: 09/25/2013)
NOTICE by KFX Medical Corporation of Joint Submission of Jury Verdict Forms with Appendices A and B - Phase II (Jennings, Joseph)(aef). (Entered: 09/25/2013)
PROPOSED JURY INSTRUCTIONS by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 09/25/2013)
OBJECTIONS filed as - NOTICE by Arthrex Incorporated re 273 Proposed Jury Instructions Arthrexs Objections to KFxs Proposed Jury Instructions (Dickerson, Robert) Modified on 10/1/2013-QC mailer sent re wrong event used (aef). (Entered: 09/30/2013)
OBJECTIONS filed as - NOTICE by KFX Medical Corporation of KFxs Objections To Arthrexs Proposed Jury Instructions And Statement In Support Of KFxs Proposed Final Jury Instruction No. 8 (Jennings, Joseph) Modified on 10/1/2013-QC mailer sent re wrong event used (aef). (Entered: 09/30/2013)
ORDER TO ALLOW THE USE OF ELECTRONIC EQUIPMENT IN THE COURTROOM DURING TRIAL. The Court hereby grants an order allowing Plaintiff KFx Medical Corporation ("KFx"), through its counsel Knobbe, Martens, Olson and Bear, LLP, and its equipment contractors, to bring electronic equipment necessary for trial and presentation of trial evidence in the above-captioned matter into the Courtroom for trial scheduled to begin on October, 7, 2013. Signed by Judge Dana M. Sabraw on 10/4/2013.(aef)(jrd) (Entered: 10/04/2013)
MOTION for Reconsideration Defendant Arthrex, Inc.s Request for Reconsideration of Motion In Limine No. 2 by Arthrex Incorporated. (Dickerson, Robert)Attorney Robert W. Dickerson added to party Arthrex Incorporated(pty:cc) (aef). (Entered: 10/07/2013)
Jury Trial, Phase II, WITNESS LIST. (jak) (Entered: 10/09/2013)
Jury Trial, Phase II - JOINT EXHIBIT LIST. (jak) (Entered: 10/09/2013)
Jury Trial, Phase II - COURT EXHIBIT LIST t/w Exhibits. (jak) (Entered: 10/09/2013)
Jury Instructions Phase II. Signed by Judge Dana M. Sabraw on 10/7/2013. (aef) (Entered: 10/09/2013)
JURY VERDICT FORM - Phase II. (aef) (Entered: 10/09/2013)
JUDGMENT. Pursuant to Rule 58 of the Federal Rules of Civil Procedure, the Court enters judgment as described herein. This judgment is entered further to the jury verdicts returned on August 29, 2013, and October 9, 2013, and the Courts summary judgment orders of October 15, 2012, and July 10, 2013. Arthrex has actively induced infringement of Claims 1, 20 and 28 of U.S. Patent No. 7,585,311 (311 patent) by promotion of the SutureBridge and SpeedBridge surgical procedures. Claims 1, 20 and 28 of the 311 patent are adjudged not invalid and not unenforceable due to inequitable conduct. Arthrex has actively induced infringement of Claims 1 and 18 of U.S. Patent No. 8,100,942 (942 patent) by promotion of the SutureBridge and SpeedBridge surgical procedures. Claims 1 and 18 of the 942 patent are adjudged not invalid and not unenforceable due to inequitable conduct. Arthrex has actively induced infringement of Claims 1 and 3 of U.S. Patent No. 8,109,969 (969 patent) by promotion of the SutureBridge and SpeedBridge surgical procedures. Claims 1 and 3 of the 969 patent are adjudged not invalid and not unenforceable due to inequitable conduct. The jury returned a verdict that the infringement was willful. On Arthrexs counterclaim for a declaration of unenforceability of the 311, 942 and 969 patents, judgment is entered in favor of KFx. On Arthrexs counterclaim for a declaration of noninfringement of the 311, 942 and 969 patents, judgment is entered in favor of KFx. On Arthrexs counterclaim for a declaration of invalidity of the 311, 942, and 969 patents, judgment is entered in favor of KFx. Damages in the amount of $29,000,000 are awarded to KFx for infringement occurring through June 30, 2013. Any pre-judgment interest and damages for infringement occurring after June 30, 2013, are to be determined by the Court pursuant to motion. Post-trial motions shall be filed in accordance with Rules 50(b), 54(d) and 59 of the Federal Rules of Civil Procedure. Signed by Judge Dana M. Sabraw on 10/17/2013.(aef) (Entered: 10/17/2013)
ORDER Denying 289 Defendant ARTHREX, INC.s Motion for Leave to Exceed the Page Limit for Its Motion Judgment as a Matter of Law Under Rule 50(B). Signed by Judge Dana M. Sabraw on 10/25/2013. (jao)(jrd) (Entered: 10/25/2013)
MOTION to File Documents Under Seal (Murray, Sean). (jah). (Entered: 10/31/2013)
[FILED AS SEALED DOCUMENT ON 11/4/2013] SEALED LODGED Proposed Document re: 291 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Murray, Sean). (jah). (Main Document 292 replaced on 11/5/2013) (jah). Modified on 11/5/2013 - Added file date of lodgment (jah). (Entered: 10/31/2013)
ORDER Granting Plaintiffs 291 Ex Parte Motion to File Documents Under Seal. Plas Memorandum in Support of Motion for Enhanced Damages and Attys Fees for Willful Infringement and Exhibits B, 7, 36, 51, 54, 87, 88, 114, 144, 166, 531, 5507, 5770 and 5795 to Declaration of Sean M. Murray to be filed under seal. Signed by Judge Dana M. Sabraw on 11/4/2013.(jah)(jrd) (Entered: 11/05/2013)
Joint MOTION for Entry of an Order on the Joint Stipulation Regarding Plaintiffs Bill of Costs re 294 Bill of Costs, by KFX Medical Corporation. (Jennings, Joseph) (aef). Modified on 11/14/2013 to term motion per Order Taxing Costs 299 (nsp). (Entered: 11/13/2013)
Costs Taxed in amount of $153,882.87 against defendant Arthrex Inc (nsp) (Entered: 11/14/2013)
Joint MOTION re Joint Stipulation Regarding Post-trial Motions by KFX Medical Corporation. (Jennings, Joseph)(jao). (Entered: 11/14/2013)
ORDER on 300 Joint Stipulation Regarding Post-Trial Motions. Opposition briefs to KFxs Motion for Enhanced Damages and Attorneys Fees for Willful Infringement (Dkt. No. 293) ("KFxs Motion"), as well as to any other post-trial motion, shall be filed on December 13, 2013. Reply briefs to KFxs Motion, as well as to any other post-trial motion, shall be filed on January 10, 2014. The hearing date for KFxs Motion, and any other post-trial motion, shall be continued from January 24, 2014 to January 31, 2014 at 1:30 PM. Signed by Judge Dana M. Sabraw on 11/14/2013. (dls)(jrl). (Entered: 11/14/2013)
MOTION to File Documents Under Seal (Jennings, Joseph). (jah). (Entered: 11/14/2013)
[FILED AS SEALED DOCUMENT ON 11/15/2013] SEALED LODGED Proposed Document re: 302 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Jennings, Joseph). (jah). (Main Document 303 replaced on 11/15/2013) (jah). Modified on 11/15/2013 - Added file date of lodgment (jah). (Entered: 11/14/2013)
MOTION to File Documents Under Seal (Dickerson, Robert). (jah). (Entered: 11/14/2013)
[FILED AS SEALED DOCUMENT ON 11/15/2013] SEALED LODGED Proposed Document re: 305 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). (Main Document 306 replaced on 11/15/2013) (jah). Modified on 11/15/2013 - added file date of lodgment (jah). (Entered: 11/14/2013)
[FILED AS SEALED DOCUMENT ON 11/15/2013] SEALED LODGED Proposed Document re: 305 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). (Main Document 307 replaced on 11/15/2013) (jah). Modified on 11/15/2013 - Added file date of lodgment (jah). (Entered: 11/14/2013)
[FILED AS SEALED DOCUMENT ON 11/15/2013] SEALED LODGED Proposed Document re: 305 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). (Main Document 308 replaced on 11/18/2013) (jah). Modified on 11/18/2013 - Added file date of lodgment (jah). (Entered: 11/14/2013)
MOTION to File Documents Under Seal (Dickerson, Robert). (jah). (Entered: 11/14/2013)
[FILED AS SEALED DOCUMENT ON 11/15/2013] SEALED LODGED Proposed Document re: 310 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). (Main Document 311 replaced on 11/18/2013) (jah). Modified on 11/18/2013 - Added file date of lodgment (jah). (Entered: 11/14/2013)
[FILED AS SEALED DOCUMENT ON 11/15/2013] SEALED LODGED Proposed Document re: 310 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). (Main Document 312 replaced on 11/18/2013) (jah). Modified on 11/18/2013 - Added file date of lodgment (jah). (Entered: 11/14/2013)
ORDER granting 302 Motion to File Documents Under Seal. Declaration of George Strong, Jr., Exhibits L-N to Declaration of George Strong, Jr. and Exhibits 510 and 5776 to the Declaration of Brian Horne are to be filed under seal. Signed by Judge Dana M. Sabraw on 11/15/2013. (jah) (Entered: 11/15/2013)
ORDER granting 305 Motion to File Documents Under Seal. Dfts Renewed Motion for Judge as a Matter of Law Pursuant to Rule 50(B) including Exhibits 2, 4, 6-14 to the Declaration of Robert W. Dickerson, Jr. to be filed under seal. Signed by Judge Dana M. Sabraw on 11/15/2013. (jah) (Entered: 11/15/2013)
ORDER granting 310 Motion to File Documents Under Seal. Dfts Alternative Motion for a New Trial including Exhibits 2-6 to Declaration of Robert W. Dickerson to be filed under seal. Signed by Judge Dana M. Sabraw on 11/15/2013. (jah) (Entered: 11/18/2013)
MOTION to File Documents Under Seal (Dickerson, Robert). (jah). (Entered: 12/13/2013)
MOTION to File Documents Under Seal (Dickerson, Robert). (jah). (Entered: 12/13/2013)
[FILED AS SEALED DOCUMENT ON 6/25/2014] SEALED LODGED Proposed Document re: 325 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). Modified on 6/25/2014 - Added file date of lodgment (jah). (Main Document 326 replaced on 6/25/2014) (jah). (Entered: 12/13/2013)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 326 Sealed Lodged Proposed Document, 323 Sealed Lodged Proposed Document (Dickerson, Robert) (aef). (Entered: 12/13/2013)
Ex Parte MOTION KFxs Ex Parte Application for Leave to Manually File Materials in Support of Its Opposition to Defendants Renewed Motion for Judgment as a Matter of Law by KFX Medical Corporation. (Jennings, Joseph)(aef). (Entered: 12/13/2013)
MOTION to File Documents Under Seal (Jennings, Joseph). (jah). (Entered: 12/13/2013)
(Filed as Sealed Document 336 on 1/10/2014) SEALED LODGED Proposed Document re: 330 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Jennings, Joseph) (Main Document 331 replaced on 1/10/2014) (sjt). Modified to add filing date of lodgement on 1/10/2014 (sjt). (Entered: 12/13/2013)
RESPONSE in Opposition re 313 MOTION for New Trial Plaintiffs Opposition To Defendants Alternative Motion For New Trial Pursuant To Rules 50(c), 59 filed by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 12/13/2013)
ORDER Granting 329 Ex Parte Motion for Leave to Manually File Materials in Support of Its Opposition to Defendants Renewed Motion for Judgment as A Matter of Law. Materials not capable of being filed electronically shall be manually filed with the Office of the Clerk by noon on the first business day following electronic filing of KFxs Opposition to Defendants Renewed Motion for Judgment as a Matter of Law Pursuant to Rule 50(b). Signed by Judge Dana M. Sabraw on 1/10/2014. (jao) (Entered: 01/10/2014)
ORDER granting 330 Motion to File Documents Under Seal. Signed by Judge Dana M. Sabraw on 1/10/2014. (sjt) (Entered: 01/10/2014)
MOTION to File Documents Under Seal (Dickerson, Robert). (jah). (Entered: 01/10/2014)
[FILED AS SEALED DOCUMENT ON 6/25/2014] SEALED LODGED Proposed Document re: 337 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Dickerson, Robert). (jah). (Main Document 338 replaced on 6/25/2014) (jah). Modified on 6/25/2014 - Added file date of lodgment (jah). (Entered: 01/10/2014)
CERTIFICATE OF SERVICE by Arthrex Incorporated re 338 Sealed Lodged Proposed Document (Dickerson, Robert) (aef). (Entered: 01/10/2014)
REPLY to Response to Motion re 293 MOTION for Attorney Fees Plaintiffs Motion for Enhanced Damages and Attorneys Fees for Willful Infringement filed by KFX Medical Corporation. (Murray, Sean) (aef). (Entered: 01/10/2014)
NOTICE of Lodgment by KFX Medical Corporation re 332 Response in Opposition to Motion, 334 Order on Motion for Miscellaneous (Other 1),, Notice of Lodging of Exhibits Pursuant to Courts January 10, 2014, Order and in Support of KFxs Opposition to Defendants Renewed Motion for Judgment as a Matter of Law (Murray, Sean) (aef). (Entered: 01/13/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 1/31/2014, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014. (akr) (Entered: 02/13/2014)
ORDER granting in part and denying in part 304 KFXs Motion to Amend the Judgment and make Additional Findings. The Court grants in part and denies in part KFxs motion to amend the judgment and make additional findings. Specifically, the Court grants KFxs request for additional damages in the amount of $1,891,706, for post judgment interest according to 28 U.S.C. § 1961 and for prejudgment interest at seven percent. The Court denies KFxs request for an ongoing royalty or a permanent injunction. Signed by Judge Dana M. Sabraw on 2/18/2014. (aef) (Entered: 02/18/2014)
ORDER (1) granting in part and denying in part 309 Arthrexs Renewed Motion for Judgment as a Matter of Law pursuant to Rule 50(b) and (2) denying 293 KFXs Motion for Enhanced Damages and Attorneys Fees for Willful Infringement. The Court grants in part and denies in part Arthrexs renewed motion for judgment as a matter of law. Specifically, the Court grants the motion on the issue of willful infringement and denies the motion as to all other issues. In light of the Courts ruling on willful infringement, the Court also denies KFxs motion for enhanced damages and attorneys fees. Signed by Judge Dana M. Sabraw on 2/18/2014. (aef) (Entered: 02/18/2014)
ORDER denying 313 Arthrexs Motion for a New Trial. Signed by Judge Dana M. Sabraw on 2/18/2014. (aef) (Entered: 02/18/2014)
NOTICE OF APPEAL to the Federal Circuit as to 350 Order, 349 Order, 348 Order, 288 Judgment, 181 Order, 132 Order, 131 Order, 65 Order, 64 Order, 49 Order, by Arthrex Incorporated. (Filing fee $ 505 receipt number 0974-6860477.) (Dickerson, Robert). Modified on 3/19/2014 to edit docket text re Orders and Judgment being appealed. The Notice of Appeal will be electronically transmitted to the US Court of Appeals for the Federal Circuit. (akr). (Entered: 03/19/2014)
USCA Case Number 14-1372 for 351 Notice of Appeal to Federal Circuit, filed by Arthrex Incorporated. (akr) (Entered: 03/24/2014)
ORDER granting Defendants 322 Motion to File Response and Opposition (Including Exhibits) to Motion to Amend Judgment Under Seal. Signed by Judge Dana M. Sabraw on 6/25/2014. (jah) (Entered: 06/25/2014)
ORDER granting Defendants 325 Motion to File Exhibits 2-7 to Declaration of Robert W. Dickerson, Jr. Under Seal. Signed by Judge Dana M. Sabraw on 6/25/2014. (jah) (Entered: 06/25/2014)
ORDER granting Defendants 337 Motion to File Exhibits 15, 19, and 20 to Declaration of Robert W. Dickerson, Jr. in Support of Reply in Support of Renewed Motion for Judgment as a Matter of Law Under Seal. Signed by Judge Dana M. Sabraw on 6/25/2014. (jah). Modified on 6/25/2014 - Edited text. Regenerated NEF (jah). (Entered: 06/25/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Seven) held on 10/7/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/9/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/17/2014. (akr). (Entered: 09/18/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Eight) held on 10/8/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/9/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/17/2014. (akr). (Entered: 09/18/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day Nine/Verdict) held on 10/9/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/9/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/17/2014. (akr). (Entered: 09/18/2014)
NOTICE of Intent to Request Redaction by Salvatore P. Tamburo re 359 Transcript, 360 Transcript, (Tamburo, Salvatore) (aef). (Entered: 09/25/2014)
ORDER granting 363 Defendant Arthrex, Inc.s Unopposed Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution. It is hereby ordered that Defendant shall post a supersedeas bond ("Bond") with the Court in the amount of $35,745,274 pursuant to Local Civil Rule 65.1.2 within twenty (20) days of the entry of this Order. It is further ordered that execution of the Judgment (as amended) shall be stayed pending issuance of the mandate from the United States Court of Appeals for the Federal Circuit, contingent on Arthrex in fact filing with the Court and opposing counsel, such Bond, within twenty days after entry of the Courts Order. Signed by Judge Dana M. Sabraw on 10/20/2014. (aef) (Entered: 10/20/2014)
NOTICE by Arthrex Incorporated re 364 Order on Motion for Order, Order on Motion to Stay, Posting Supersedeas Bond (Saber, Charles) (aef). (Entered: 11/04/2014)
NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 5/8/2015 10:30 AM in Courtroom 13A before Judge Dana M. Sabraw. (jak) (Entered: 04/20/2015)
SATISFACTION OF JUDGMENT by KFX Medical Corporation. (Jennings, Joseph) (aef). (Entered: 04/30/2015)
MANDATE of USCA affirming the decision of the USDC as to 351 Notice of Appeal to the Federal Circuit, filed by Arthrex Incorporated. (akr) (Entered: 05/08/2015)
MOTION for Release of Bond Obligation by Arthrex Incorporated. (Saber, Charles) (aef). (Entered: 05/13/2015)
ORDER Granting 370 Defendant Arthrex, Inc.s Unopposed Motion to Release and Extinguish Bond. Signed by Judge Dana M. Sabraw on 5/13/2015. (cc: USDC Finance) (aef) (Entered: 05/13/2015)
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