1:19-cv-00822 - AdvaTect Diagnostics LLC v. Vibrant Wellness LLC et al.

Detail

Case Number

1:19-cv-00822

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

Delaware District Court

Plaintiff(s)

AdvaTect Diagnostics LLC

Operating CompanyIntellectual Ventures LLCThird Party Financing

Defendant(s)

Vibrant Wellness LLC

Vibrant America LLC

Judge

Maryellen Noreika

Filing Date

2019-05-03

Termination Date

2021-07-20

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
Summons Issued with Magistrate Consent Notice attached as to Vibrant America, LLC on 5/3/2019; Vibrant Wellness, LLC on 5/3/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (myr) (Entered: 05/03/2019)
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Vibrant America, LLC, Vibrant Wellness, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2634007.) - filed by AdvaTect Diagnostics, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(myr) (Entered: 05/03/2019)
MOTION to Dismiss for Failure to State a Claim - filed by Vibrant America, LLC, Vibrant Wellness, LLC. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) (Entered: 09/23/2019)
OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Vibrant America, LLC, Vibrant Wellness, LLC.Answering Brief/Response due date per Local Rules is 10/7/2019. (Attachments: # 1 Exhibit A-E)(Palapura, Bindu) (Entered: 09/23/2019)
MOTION for Pro Hac Vice Appearance of Attorney Deborah Pollack-Milgate and Sean M. Phipps - filed by AdvaTect Diagnostics, LLC. (Attachments: # 1 Certification by Counsel Deborah Pollack-Milgate, # 2 Certification by Counsel Sean M. Phipps)(Stover, Chad) (Entered: 10/18/2019)
ANSWERING BRIEF in Opposition re 9 MOTION to Dismiss for Failure to State a Claim filed by AdvaTect Diagnostics, LLC. Reply Brief due date per Stipulation and Order is 11/6/2019. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Stover, Chad) Modified on 10/24/2019 (dlw). (Entered: 10/23/2019)
NOTICE of Subsequent Authority in Support of Defendants Rule 12(b)(6) Motion to Dismiss Plaintiffs Complaint That U.S. Patent Nos. 9,182,398, 10,036,748 and 10,274,493 are Invalid Under 35 U.S.C. Section 101 by Vibrant America, LLC, Vibrant Wellness, LLC (Attachments: # 1 Exhibit A)(Palapura, Bindu) (Entered: 05/01/2020)
Letter to The Honorable Maryellen Noreika from Chad S.C. Stover regarding Letter Brief in support of AdvaTects Motion for Leave to Amend the Complaint - re 40 Transcript,, 1 Complaint,. (Attachments: # 1 Exhibit A - First Verified Amended Complaint (with signed verification statement), # 2 Exhibit B - First Verified Amended Complaint (redline), # 3 Exhibit 1 - U.S. Patent No. 9,182,398, # 4 Exhibit 2 - U.S. Patent No. 10,036,748, # 5 Exhibit 3 - Patent No. 10,274,493, # 6 Exhibit 4 - Sample report, # 7 Exhibit 5 - Decl. Hooper (January 16, 2015), # 8 Exhibit 6 - Decl. Hooper (June 27, 2011))(Stover, Chad) (Entered: 10/02/2020)
NOTICE of Subsequent Authority in Support of its Letter Opposing Plaintiffs Motion for Leave to Amend Complaint by Vibrant America, LLC, Vibrant Wellness, LLC re 42 Letter (Attachments: # 1 Exhibit A)(Palapura, Bindu) (Entered: 10/20/2020)
FIRST VERIFIED AMENDED COMPLAINT against Vibrant America, LLC, Vibrant Wellness, LLC- filed by AdvaTect Diagnostics, LLC. (Attachments: # 1 Exhibit 1 - 6)(dlw) (Entered: 12/11/2020)
STIPULATION Requesting Leave to File Amended Pleading [Answer to Plaintiffs First Verified Amended Complaint and Counterclaims for Non-Infringement and Invalidity of the Asserted Patents] by Vibrant America, LLC, Vibrant Wellness, LLC. (Attachments: # 1 Exhibit A - Amended Pleading - Answer and Counterclaims, # 2 Exhibit B - Blackline)(Palapura, Bindu) (Entered: 04/07/2021)
ANSWER to 49 First Verified Amended Complaint with Jury Demand, COUNTERCLAIM against AdvaTect Diagnostics, LLC by Vibrant Wellness, LLC, Vibrant America, LLC. (Attachments: # 1 Redlined Comparison)(dlw) (Main Document 65 replaced on 4/8/2021) (dlw). (Entered: 04/08/2021)
[SEALED] Letter to The Honorable Maryellen Noreika from Chad S.C. Stover regarding discovery deficiencies - re 52 SO ORDERED,,,,, Set/Reset Scheduling Order Deadlines,,,,. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Certificate of Service)(Stover, Chad) (Entered: 04/28/2021)
[SEALED] Letter to The Honorable Maryellen Noreika from Stephanie E. OByrne regarding responsive discovery dispute letter - re 71 Letter,. (Attachments: # 1 Exhibit A-D)(OByrne, Stephanie) (Entered: 04/29/2021)
REDACTED VERSION of 72 Letter by Vibrant America, LLC, Vibrant Wellness, LLC. (Attachments: # 1 Exhibit A-D)(OByrne, Stephanie) (Entered: 05/03/2021)
REDACTED VERSION of 71 Letter, by AdvaTect Diagnostics, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A)(Stover, Chad) (Entered: 05/05/2021)
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. 9,182,398; U.S. 10,036,748; U.S. 10,274,493. (Attachments: # 1 Stipulation of Dismissal)(asw) (Entered: 07/20/2021)
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 05/03/2019)
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) See Attached. (myr) (Entered: 05/03/2019)
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by AdvaTect Diagnostics, LLC. (myr) (Entered: 05/03/2019)
SUMMONS Returned Executed by AdvaTect Diagnostics, LLC. Vibrant America, LLC served on 7/31/2019, answer due 8/21/2019. (Stover, Chad) (Entered: 07/31/2019)
SUMMONS Returned Executed by AdvaTect Diagnostics, LLC. Vibrant Wellness, LLC served on 7/31/2019, answer due 8/21/2019. (Stover, Chad) (Entered: 07/31/2019)
STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to September 23, 2019 - filed by Vibrant America, LLC, Vibrant Wellness, LLC. (Moore, David) (Entered: 08/20/2019)
MOTION for Pro Hac Vice Appearance of Attorney Darryl M. Woo, Michael Shuster, and Julius Jefferson of Goodwin Procter LLP - filed by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 09/19/2019)
STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendants Motion to Dismiss and for Defendant to Reply to October 21, 2019 for Plaintiffs Response and November 4, 2019 for Defendants Reply - filed by AdvaTect Diagnostics, LLC. (Stover, Chad) (Entered: 09/30/2019)
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Vibrant Sciences LLC for Vibrant America, LLC filed by Vibrant America, LLC. (Palapura, Bindu) (Entered: 10/11/2019)
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Vibrant Holdings LLC for Vibrant Wellness, LLC filed by Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 10/11/2019)
STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss and Reply to October 23, 2019 for Plaintiff to File a Response and November 6, 2019 for Defendant to File a Reply - filed by AdvaTect Diagnostics, LLC. (Stover, Chad) (Entered: 10/21/2019)
REPLY BRIEF re 9 MOTION to Dismiss for Failure to State a Claim filed by Vibrant America, LLC, Vibrant Wellness, LLC. (Moore, David) (Entered: 11/06/2019)
REQUEST for Oral Argument by Vibrant America, LLC, Vibrant Wellness, LLC re 9 MOTION to Dismiss for Failure to State a Claim . (Moore, David) (Entered: 11/07/2019)
NOTICE of Appearance by Stephanie E. OByrne on behalf of Vibrant America, LLC, Vibrant Wellness, LLC (OByrne, Stephanie) (Entered: 11/26/2019)
OBJECTIONS // Response to Defendants Notice of Subsequent Authority by AdvaTect Diagnostics, LLC to 21 Notice (Other). (Stover, Chad) Modified on 5/4/2020 (dlw). (Entered: 05/04/2020)
STIPULATION TO EXTEND TIME for the parties to submit a Proposed Scheduling Order to May 12, 2020 - filed by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 05/05/2020)
PROPOSED ORDER // [Proposed] Scheduling Order by AdvaTect Diagnostics, LLC. (Stover, Chad) (Entered: 05/12/2020)
Letter to The Honorable Maryellen Noreika from Chad S.C. Stover regarding Proposed Scheduling Order - re 24 Proposed Order. (Stover, Chad) (Entered: 05/12/2020)
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 4/1/2021. Amended Pleadings due by 4/1/2021. Fact Discovery completed by 6/14/2021. Opening Expert Reports due by 7/7/2021. Rebuttal Expert Reports due by 9/2/2021. Reply Expert Reports due by 10/5/2021. Dispositive Motions due by 11/18/2021. Claim Construction Opening Brief served by 2/17/2021. Claim Construction Answering Brief served by 3/17/2021. Claim Construction Reply Brief served by 4/14/2021. Claim Construction Surreply Brief served by 5/12/2021. Joint Claim Construction Brief filed by 5/19/2021. A Markman Hearing is set for 6/18/2021 at 01:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 4/11/2022 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 4/18/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 5/13/2020. (dlw) (Entered: 05/13/2020)
PROPOSED ORDER // Stipulated Protective Order by AdvaTect Diagnostics, LLC. (Stover, Chad) (Entered: 06/12/2020)
NOTICE OF SERVICE of Plaintiff AdvaTect Diagnostics, LLCs Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 06/12/2020)
STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 6/12/2020. (dlw) (Entered: 06/12/2020)
NOTICE OF SERVICE of Defendants Vibrant America, LLC And Vibrant Wellness, LLCs Initial Disclosures Pursuant To Fed. R. Civ. P. 26(A) And Paragraph 3 Of The Delaware Default Standard For Discovery filed by Vibrant America, LLC, Vibrant Wellness, LLC.(Palapura, Bindu) (Entered: 06/12/2020)
ORDER Setting Hearing on 9 MOTION to Dismiss for Failure to State a Claim: IT IS HEREBY ORDERED that a Motion Hearing is set for 9/11/2020 at 11:00 AM before Judge Maryellen Noreika. Closer to the time of the hearing, and after consulting with the parties, the Court will determine whether the hearing will be held in Courtroom 4A or remotely. On or before September 3, 2020, Plaintiff and Defendants shall each file a one-page letter informing the Court of which single Supreme Court or Federal Circuit case is most similar to the challenged claims, and the parties shall NOT include more than one case in these letters. Signed by Judge Maryellen Noreika on 8/17/2020. (dlw) (Entered: 08/17/2020)
NOTICE OF SERVICE of Plaintiff Advatect Diagnostics, LLCs Identification of Accused Products and Methods, Asserted Patents and File Histories, and Damages Model filed by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 08/24/2020)
Letter to The Honorable Maryellen Noreika from Chad S.C. Stover regarding claims at issue - re 33 Order Setting Hearing on Motion,,. (Stover, Chad) (Entered: 09/03/2020)
Letter to The Honorable Maryellen Noreika from Bindu A. Palapura, Esquire regarding Defendants Rule 12(b)(6) Motion To Dismiss Plaintiffs Complaint That U.S. Patent Nos. 9,182,398, 10,036,748, and 10,274,493 Are Invalid Under 35 U.S.C. Section 101 - re 33 Order Setting Hearing on Motion,,. (Palapura, Bindu) (Entered: 09/03/2020)
Letter to The Honorable Maryellen Noreika from Chad S.C. Stover regarding dial in information for 9/11/2020 hearing - re 37 Oral Order,,,,. (Stover, Chad) (Entered: 09/09/2020)
STIPULATION to Amend the Scheduling Order re 26 Scheduling Order,,,, by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 09/23/2020)
Official Transcript of Teleconference held on 9/11/20 before Judge Maryellen Noreika. Court Reporter Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/15/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/23/2020. (Triozzi, Heather) (Entered: 09/24/2020)
Letter to The Honorable Maryellen Noreika from Bindu A. Palapura, Esquire regarding Defendants Opposition to Plaintiffs Motion for Leave to Amend Complaint - re 41 Letter,,. (Palapura, Bindu) (Entered: 10/09/2020)
Response to 43 Defendants Notice of Subsequent Authority by AdvaTect Diagnostics, LLC. (Stover, Chad) Modified on 10/22/2020 (dlw). (Entered: 10/22/2020)
STIPULATION to Amend the Scheduling Order re 26 Scheduling Order,,,, 39 Stipulation by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 11/06/2020)
SO ORDERED re 45 Stipulation and Order Extending Time. Signed by Judge Maryellen Noreika on 11/9/2020. (dlw) (Entered: 11/09/2020)
STIPULATION to Stay Case Deadlines Pending Resolution of Motion to Dismiss by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 12/04/2020)
STIPULATION to Amend Scheduling Order by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 12/23/2020)
SO ORDERED re 51 Stipulation to Amend Scheduling Order (Set/Reset Scheduling Order Deadlines: Joinder of Parties due by 4/1/2021. Amended Pleadings due by 4/1/2021. Fact Discovery completed by 10/26/2021. Opening Expert Reports due by 11/29/2021. Rebuttal Expert Reports due by 12/27/2021. Reply Expert Reports due by 1/24/2021. Dispositive Motions due by 3/7/2022. Claim Construction Opening Brief served by 5/20/2021. Claim Construction Answering Brief served by 6/17/2021. Claim Construction Reply Brief served by 7/15/2021. Claim Construction Sur-Reply Brief served by 8/12/2021. Joint Claim Construction Brief filed by 8/19/2021. A Markman Hearing is set for 9/23/2021 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 8/1/2022 at 01:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 8/8/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika). Signed by Judge Maryellen Noreika on 1/6/2021. (dlw) (Entered: 01/06/2021)
ANSWER to Amended Complaint, re: 49 Amended Complaint with Jury Demand by Vibrant America, LLC, Vibrant Wellness, LLC.(Palapura, Bindu) (Entered: 01/08/2021)
NOTICE OF SERVICE of Defendants Core Technical Documents and Sales Figures for the Accused Products filed by Vibrant America, LLC, Vibrant Wellness, LLC.(Palapura, Bindu) (Entered: 01/25/2021)
NOTICE OF SERVICE of i) Plaintiffs First Set of Requests for Production to Defendants and ii) Plaintiffs First Set of Interrogatories to Defendants filed by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 02/04/2021)
NOTICE OF SERVICE of Plaintiffs Preliminary Infringement Contentions and Initial Claim Charts filed by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 02/25/2021)
ORDER Setting Teleconference: Plaintiffs counsel to initiate the call. A Telephone Conference is set for 10/4/2021 at 10:30 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 3/3/21. (cak) (Entered: 03/03/2021)
NOTICE OF SERVICE of Responses To Plaintiffs First Set Of Interrogatories To Defendants [Outside Attorneys Eyes Only Pursuant To The Protective Order]; and Responses To Plaintiffs First Set Of Requests For Production To Defendants filed by Vibrant America, LLC, Vibrant Wellness, LLC.(Palapura, Bindu) (Entered: 03/05/2021)
NOTICE OF SERVICE of Defendants Initial Invalidity Contentions filed by Vibrant America, LLC, Vibrant Wellness, LLC.(OByrne, Stephanie) (Entered: 03/26/2021)
NOTICE OF SERVICE of Defendants First Set of Requests for Admissions to Plaintiff; and Defendants First Set of Interrogatories to Plaintiff filed by Vibrant America, LLC, Vibrant Wellness, LLC.(OByrne, Stephanie) (Entered: 03/26/2021)
NOTICE OF SERVICE of Defendants First Set of Requests for Production to Plaintiff filed by Vibrant America, LLC, Vibrant Wellness, LLC.(Palapura, Bindu) (Entered: 03/31/2021)
STIPULATION TO EXTEND TIME to amend or supplement the pleadings as set forth in the Scheduling Order to April 8, 2021 - filed by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) (Entered: 04/01/2021)
NOTICE OF SERVICE of Plaintiff AdvaTects Statement That No Claim Terms Require Construction by the Court filed by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 04/08/2021)
NOTICE OF SERVICE of Defendants List Of Claim Terms/Phrases And Proposed Constructions filed by Vibrant America, LLC, Vibrant Wellness, LLC.(Palapura, Bindu) (Entered: 04/09/2021)
Joint CLAIM Construction Chart by AdvaTect Diagnostics, LLC. (Stover, Chad) Modified on 4/26/2021 (dlw). (Entered: 04/26/2021)
NOTICE OF SERVICE of 1) Plaintiffs Objections and Responses to Defendants First Set of Requests for Admission to Plaintiff and 2) Plaintiffs Objections and Response to Defendants First Set of Interrogatories filed by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 04/26/2021)
ANSWER to 65 Answer to Complaint,, Counterclaim, by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 04/28/2021)
MOTION for Pro Hac Vice Appearance of Attorney James Breen of Goodwin Procter LLP - filed by Vibrant America, LLC, Vibrant Wellness, LLC. (Palapura, Bindu) Modified on 4/30/2021 (dlw). (Entered: 04/30/2021)
NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants First Set of Requests for Production to Plaintiff Numbers 1-104 filed by AdvaTect Diagnostics, LLC.(Stover, Chad) (Entered: 05/03/2021)
NOTICE requesting Clerk to remove Julius Jefferson, Ph.D as co-counsel. Reason for request: no longer with the firm of Goodwin Procter LLP. (Palapura, Bindu) (Entered: 05/05/2021)
Letter to The Honorable Maryellen Noreika from Bindu A. Palapura regarding Request to Reschedule Markman Hearing. (Palapura, Bindu) (Entered: 05/06/2021)
STIPULATION TO EXTEND TIME re: Claim Construction Briefing Deadlines and Technology Tutorial to - filed by AdvaTect Diagnostics, LLC. (Stover, Chad) (Entered: 05/18/2021)
NOTICE of Settlement in Principle and [Proposed] Stay Order by AdvaTect Diagnostics, LLC (Stover, Chad) Modified on 6/4/2021 (dlw). (Entered: 06/04/2021)
ORDER STAYING CASE - IT IS HEREBY ORDERED that this case is STAYED. The parties shall file a joint status report every 60 days. Signed by Judge Maryellen Noreika on 6/4/2021. (dlw) (Entered: 06/04/2021)
STIPULATION of Dismissal by AdvaTect Diagnostics, LLC. (Stover, Chad) (Entered: 07/20/2021)
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Patents In Case

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