2:16-cv-01189 - Viveve Inc v. ThermiAesthetics LLC et al.

Detail

Case Number

2:16-cv-01189

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

Texas Eastern District Court

Plaintiff(s)

Viveve Inc

Operating Company

Defendant(s)

ThermiAesthetics LLC

Red Alinsod, MD

ThermiGen LLC

Judge

Rodney Gilstrap

Filing Date

2016-10-21

Termination Date

2018-06-04

Not a member? Sign up for free!
Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
Case assigned to Judge Rodney Gilstrap. (ch, ) (Entered: 10/21/2016)
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 10/21/2016)
COMPLAINT against Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC ( Filing fee $ 400 receipt number 0540-5993476.), filed by Viveve, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons(es) Thermigen LLC, # 7 Summons(es) ThermiAesthetics LLC, # 8 Summons(es) Red Alinsod, M.D.)(Heartfield, J) (Entered: 10/21/2016)
SUMMONS Issued as to Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Summons(es), # 2 Summons(es))(ch, ) (Entered: 10/21/2016)
MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 35 U.S.C. § 287(c) by Red Alinsod, MD. (Attachments: # 1 Declaration of Red Alinsod, # 2 Text of Proposed Order)(Acosta, Matthew) (Entered: 12/19/2016)
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101 by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 12/19/2016)
Joint MOTION to Extend Deadlines Regarding § 101 Practice by Viveve, Inc.. (Attachments: # 1 Proposed Order)(Heartfield, J) (Entered: 12/22/2016)
Joint Notice of Compliance: (Attachments: # 1 Exhibit Joint Letter Brief)(Heartfield, J) (Entered: 01/05/2017)
RESPONSE in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 35 U.S.C. § 287(c) filed by Viveve, Inc.. (Attachments: # 1 Affidavit W. Hector Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Text of Proposed Order Proposed Order)(Cimino, Frank) (Entered: 01/10/2017)
RESPONSE in Opposition re 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101 filed by Viveve, Inc.. (Attachments: # 1 Affidavit W. Hector Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order Proposed Order)(Cimino, Frank) (Entered: 01/10/2017)
***FILED IN ERROR***Submission of Proposed Agreed Docket Control/Scheduling order by Viveve, Inc. Joint Motion for Entry of the Parties Agreed Proposed Docket Control Order. (Attachments: # 1 Exhibit 1 Docket Control Order)(Cimino, Frank) Modified on 2/15/2017 (ch, ). (Entered: 02/14/2017)
***FILED IN ERROR***Submission of Proposed Agreed Discovery order by Viveve, Inc. Joint Motion for Entry of Proposed Discovery Order. (Attachments: # 1 Exhibit 1 Discovery Order)(Cimino, Frank) Modified on 2/15/2017 (ch, ). (Entered: 02/14/2017)
Joint MOTION for Entry of the Parties Agreed Proposed Docket Control Order by Viveve, Inc.. (Attachments: # 1 Exhibit 1 Docket Control Order)(Cimino, Frank) (Entered: 02/15/2017)
Joint MOTION for Entry of the Parties Agreed Proposed Discovery Order by Viveve, Inc.. (Attachments: # 1 Exhibit 1 Discovery Order)(Cimino, Frank) (Entered: 02/15/2017)
Joint MOTION for Entry of the Parties Agreed Protective Order by Viveve, Inc.. (Attachments: # 1 Exhibit 1 Agreed Protective Order)(Cimino, Frank) (Entered: 02/21/2017)
Minute Entry for proceedings held before Judge Rodney Gilstrap: Motions Hearing held on 2/27/2017 re 14 MOTION to Dismiss for Lack of Jurisdiction and 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101. (Court Reporter Shelly Holmes, CSR-TCRR.) (Attachments: # 1 Attorney Attendance Sheet) (jml) (Entered: 02/27/2017)
ANSWER to 1 Complaint, by Red Alinsod, MD. (Attachments: # 1 Exhibit 1)(Acosta, Matthew) (Entered: 05/04/2017)
ANSWER to 1 Complaint, by ThermiGen LLC, ThermiAesthetics LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Acosta, Matthew) Modified on 5/5/2017 (ch, ). (Entered: 05/04/2017)
ANSWER to Complaint Plaintiff Viveve Inc.s Answer and Affirmative Defense to Dr. Alinsods Counterclaims by Viveve, Inc.. (Attachments: # 1 Exhibit A)(Cimino, Frank) (Entered: 05/26/2017)
ANSWER to Complaint Plaintiff Viveve Inc.s Answer and Affirmative Defense to Thermigen, LLC and Thermiaesthetics, LLCs Counterclaims by Viveve, Inc.. (Attachments: # 1 Exhibit A)(Cimino, Frank) (Entered: 05/26/2017)
Joint Claim Construction and Prehearing Statement by Viveve, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cimino, Frank) (Entered: 07/26/2017)
MOTION for Judgment on the Pleadings Viveves Motion for Judgment on the Pleadings Dismissing Thermigen and Thermiaesthetics Counterclaims 4-9 and Alinsods Counterclaims 4-7 Pursuant to Fed R. Civ. P. 12(c) by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 08/25/2017)
CLAIM CONSTRUCTION BRIEF filed by Viveve, Inc.. (Attachments: # 1 Exhibit A)(Cimino, Frank) (Entered: 09/06/2017)
RESPONSE to Motion re 51 MOTION for Judgment on the Pleadings Viveves Motion for Judgment on the Pleadings Dismissing Thermigen and Thermiaesthetics Counterclaims 4-9 and Alinsods Counterclaims 4-7 Pursuant to Fed R. Civ. P. 12(c) filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 09/08/2017)
RESPONSE to 53 Claim Construction Brief filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Declaration of Catherine McCord, # 2 Exhibit 1 - Knowlton 316, # 3 Exhibit 2 - Knowlton 753, # 4 Exhibit 3 - 511 Provisional App, # 5 Exhibit 4 - Viveve 10K, # 6 Exhibit 5 - Knowlton 276, # 7 Exhibit 6 - Office Action, # 8 Exhibit 7 - Office Action, # 9 Exhibit 8 - Request for Cont., # 10 Exhibit 9 - Amendment, # 11 Exhibit 10 - Amendment, # 12 Exhibit 11 - Notice of Allowability, # 13 Exhibit 12 - Utility Patent App)(Acosta, Matthew) (Entered: 09/20/2017)
RESPONSE to 53 Claim Construction Brief CORRECTED Responsive Claim Construction Brief filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Declaration of Catherine McCord, # 2 Exhibit 1 - Knowlton 316, # 3 Exhibit 2 - Knowlton 753, # 4 Exhibit 3 - 511 Provisional Application, # 5 Exhibit 4 - 10K, # 6 Exhibit 5 - Knowlton 276, # 7 Exhibit 6 - 8/13/2010 Office Action, # 8 Exhibit 7 - 1/27/2011 Office Action, # 9 Exhibit 8 - Request for Cont. Examination, # 10 Exhibit 9 - 6/9/2014 Amendment, # 11 Exhibit 10 - 10/9/2014 Amendment, # 12 Exhibit 11 - Notice of Allowability, # 13 Exhibit 12 - Utility Patent App.)(Acosta, Matthew) (Entered: 09/21/2017)
Unopposed MOTION for Extension of Time to File Viveves Unopposed Motion to Extend the Deadline to File Its Reply Claim Construction Brief by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 09/25/2017)
Minute Entry for proceedings held before Judge Rodney Gilstrap: Markman Hearing held on 10/18/2017. (Court Reporter Shelly Holmes, CSR-TCRR.) (Attachments: # 1 Attorney Attendance Sheet) (jml) (Entered: 10/18/2017)
Joint MOTION to Extend The Deadline to Complete Mediation by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 11/15/2017)
Joint MOTION for Extension of Time to Complete Discovery and File Motions to Compel Discovery by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 01/08/2018)
Joint MOTION to Modify Expert Discovery Deadlines by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 02/02/2018)
Agreed MOTION to Dismiss Counterclaims 4-7 Without Prejudice by Red Alinsod, MD. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 02/08/2018)
Agreed MOTION to Dismiss Counterclaims 4-9 Without Prejudice by ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 02/08/2018)
Joint MOTION to Take Depositions Out of Time and Extend the Deadline to File Motions to Strike Expert Testimony by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 03/09/2018)
MOTION for Partial Summary Judgment by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Exhibit 1 - 511 Patent, # 2 Exhibit 2 - 331 Patent, # 3 Text of Proposed Order)(Acosta, Matthew) (Entered: 03/12/2018)
SEALED MOTION to Strike Opinions of Viveves Technical Witness Dr. Lawrence Bass by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Exhibit 1 - Knowlton Application, # 2 Exhibit 2 - Bass Report, # 3 Exhibit 3 - Bass Transcript, # 4 Exhibit 4 - 511 Patent, # 5 Text of Proposed Order)(Acosta, Matthew) (Entered: 03/14/2018)
Joint MOTION Motion to Take Deposition Out of Time and Extend the Deadline to File Motions to Strike Expert Testimony by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 03/23/2018)
SEALED RESPONSE to Motion re 90 SEALED MOTION to Strike Opinions of Viveves Technical Witness Dr. Lawrence Bass filed by Viveve, Inc.. (Attachments: # 1 Affidavit Declaration of W. Hector, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(Cimino, Frank) (Entered: 03/29/2018)
SEALED RESPONSE to Motion re 88 MOTION for Partial Summary Judgment filed by Viveve, Inc.. (Attachments: # 1 Affidavit W. Hector Declaration, # 2 Affidavit L. Bass Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Text of Proposed Order)(Cimino, Frank) (Entered: 04/02/2018)
***DEFICIENT DOCUMENT***SEALED REPLY to Response to Motion re 88 MOTION for Partial Summary Judgment filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Affidavit Declaration of Catherine McCord, # 2 Exhibit 3 - Knowlton Deposition Transcript, # 3 Exhibit 4- Steadmans Medical Dictionary, # 4 Exhibit 5- Bass Deposition Transcript)(Acosta, Matthew) Modified on 4/10/2018 (ch, ). (Entered: 04/09/2018)
SEALED REPLY to Response to Motion re 88 MOTION for Partial Summary Judgment filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Affidavit Declaration of Catherine McCord, # 2 Exhibit 3 - Knowlton Deposition Transcript, # 3 Exhibit 4 - Steadmans Medical Dictionary, # 4 Exhibit 5 - Bass Deposition Transcript)(Acosta, Matthew) (Entered: 04/10/2018)
SUR-REPLY to Reply to Response to Motion re 90 SEALED MOTION to Strike Opinions of Viveves Technical Witness Dr. Lawrence Bass filed by Viveve, Inc.. (Attachments: # 1 Affidavit W. Hector Declaration, # 2 Exhibit H)(Cimino, Frank) (Entered: 04/12/2018)
SEALED MOTION Plaintiffs Motions in Limine by Viveve, Inc.. (Attachments: # 1 Affidavit W. Hector Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Text of Proposed Order)(Cimino, Frank) (Entered: 04/16/2018)
SEALED MOTION in Limine by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Declaration of Catherine McCord, # 2 Exhibit 1 - PTX 321, 335, # 3 Exhibit 2 - PTX 327, # 4 Exhibit 3 - PTX 328, # 5 Exhibit 4 - PTX 329, # 6 Exhibit 5 - PTX 330, # 7 Exhibit 6 - PTX 331, # 8 Exhibit 7 - PTX 332, # 9 Exhibit 8 - PTX 333, # 10 Exhibit 9 - PTX 334, # 11 Exhibit 10 - PTX 337, # 12 Exhibit 11 - PTX 343, # 13 Exhibit 12 - PTX 178, # 14 Exhibit 13 - Schoettelkotte Expert Report, # 15 Exhibit 14 - Bass Appendix A, # 16 Exhibit 15 - Schoettelkotte Depo Excerpts, # 17 Exhibit 16 - Hector Email, # 18 Exhibit 17 - PTX 047, # 19 Exhibit 18 - Fournier Depo Excerpts, # 20 Exhibit 19 - PTX 017, 249, # 21 Exhibit 20 - PTX 018, # 22 Exhibit 21 - PTX 016, # 23 Exhibit 22 - PTX 048 214, # 24 Exhibit 23 - PTX 049, # 25 Exhibit 24 - PTX 020, # 26 Exhibit 25 - PTX 024, 238, # 27 Exhibit 26 - Fournier Depo Excerpts, # 28 Exhibit 27 - Alinsod Depo Excerpts, # 29 Exhibit 28 - Bass Expert Report, # 30 Text of Proposed Order)(Acosta, Matthew) (Entered: 04/16/2018)
SEALED SURREPLY to Reply to Motion re 88 MOTION for Partial Summary Judgment filed by Viveve, Inc.. (Attachments: # 1 Affidavit W. Hector Declaration, # 2 Exhibit L)(Cimino, Frank) (Entered: 04/17/2018)
Joint MOTION to Further Extend the Deadline to File a Motion to Strike Expert Testimony by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 04/25/2018)
Joint MOTION to Extend the Deadline to File Joint Proposed Jury Instructions, Joint Proposed Verdict Form, and Notify Court of Agreements by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 04/30/2018)
SEALED RESPONSE to Motion re 102 SEALED MOTION in Limine filed by Viveve, Inc.. (Attachments: # 1 Affidavit W. Hector Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Text of Proposed Order)(Cimino, Frank) (Entered: 04/30/2018)
Proposed Pretrial Order by Viveve, Inc.. (Attachments: # 1 Exhibit Viveve Witness List, # 2 Exhibit Defendants Witness List, # 3 Exhibit Viveve Deposition Designations, # 4 Exhibit Defendants Deposition Designations, # 5 Exhibit Viveve Trial Exhibit List, # 6 Exhibit Defendants Trial Exhibit List)(Cimino, Frank) (Entered: 04/30/2018)
SEALED RESPONSE to Motion re 101 SEALED MOTION Plaintiffs Motions in Limine filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Affidavit of Eric Lancaster, # 2 Exhibit A-Knowlton Depo Excerpts, # 3 Exhibit B-Bass Report Excerpts, # 4 Exhibit C-Bass Depo Excerpts)(Lancaster, Eric) (Entered: 04/30/2018)
Unopposed SEALED MOTION to Substitute Corrected Exhibits to Its Opposition to Defendants Motion for Partial Summary Judgment by Viveve, Inc.. (Attachments: # 1 Exhibit G, # 2 Exhibit I, # 3 Text of Proposed Order)(Cimino, Frank) (Entered: 05/14/2018)
NOTICE by Viveve, Inc. Joint Notice of Agreements Reached During Meet and Confer (Attachments: # 1 Exhibit A Joint Proposed Jury Instructions, # 2 Exhibit B Plaintiffs First Amended List of Exhibits, # 3 Exhibit C Defendants First Amended List of Exhibits, # 4 Exhibit D Plaintiffs First Amended Deposition Designations, # 5 Exhibit E Defendants First Amended Deposition Designations, # 6 Exhibit F Verdict Forms)(Cimino, Frank) (Entered: 05/15/2018)
SEALED MOTION Plaintiffs Motion to Supplement Evidence in Support of Viveves Opposition to Defendants Motion for Partial Summary Judgment by Viveve, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Cimino, Frank) (Entered: 05/16/2018)
SEALED MOTION Plaintiffs Motion to Supplement Evidence in Support of Viveves Opposition to Defendants Motion to Strike the Testimony of Viveves Expert, Dr. Lawrence Bass by Viveve, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Cimino, Frank) (Entered: 05/16/2018)
SEALED RESPONSE to Motion re 119 SEALED MOTION Plaintiffs Motion to Supplement Evidence in Support of Viveves Opposition to Defendants Motion for Partial Summary Judgment filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 05/21/2018)
SEALED RESPONSE to Motion re 120 SEALED MOTION Plaintiffs Motion to Supplement Evidence in Support of Viveves Opposition to Defendants Motion to Strike the Testimony of Viveves Expert, Dr. Lawrence Bass filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Attachments: # 1 Text of Proposed Order)(Acosta, Matthew) (Entered: 05/21/2018)
Minute Entry for proceedings held before District Judge Rodney Gilstrap: Initial Pretrial Conference held on 5/22/2018. (Court Reporter Shelly Holmes, CSR-TCRR.) (Attachments: # 1 Attorney Attendance Sheet) (jml) (Entered: 05/22/2018)
Sealed Document. Defendants Submission of Supplemental Evidence in Support of Defendants Motion for Partial Summary Judgment (Attachments: # 1 Exhibit A - Tucker Depo Highlights)(Lancaster, Eric) (Entered: 05/25/2018)
Sealed Document. Defendants Submission of Supplemental Evidence in Support of Defendants Motion to Strike the Testimony of Viveves Expert, Dr. Lawrence Bass (Attachments: # 1 Exhibit A - Tucker Depo Highlights)(Lancaster, Eric) (Entered: 05/25/2018)
NOTICE by Viveve, Inc. Joint Notice of Outstanding Exhibit Objections (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cimino, Frank) (Entered: 05/29/2018)
Joint MOTION to Stay Joint Motion to Stay All Deadlines and Notice of Settlement by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 05/30/2018)
STIPULATION of Dismissal by Viveve, Inc.. (Attachments: # 1 Text of Proposed Order)(Cimino, Frank) (Entered: 06/04/2018)
CORPORATE DISCLOSURE STATEMENT filed by Viveve, Inc. identifying Corporate Parent Viveve Medical, Inc. for Viveve, Inc.. (Heartfield, J) (Entered: 10/21/2016)
DEMAND for Trial by Jury by Viveve, Inc.. (Heartfield, J) (Entered: 10/21/2016)
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Heartfield, J) (Entered: 10/21/2016)
NOTICE of Attorney Appearance by William Andrew Hector on behalf of Viveve, Inc. (Hector, William) (Entered: 10/21/2016)
NOTICE of Attorney Appearance by Frank C Cimino, Jr on behalf of Viveve, Inc. (Cimino, Frank) (Entered: 10/21/2016)
NOTICE of Attorney Appearance by Megan S Woodworth on behalf of Viveve, Inc. (Woodworth, Megan) (Entered: 10/21/2016)
Defendants Unopposed First Application for Extension of Time to Answer Complaint re Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC.( Latham, Robert) (Entered: 11/14/2016)
NOTICE of Attorney Appearance - Pro Hac Vice by Dimitrios T Drivas on behalf of Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. Filing fee $ 100, receipt number 0540-6050747. (Drivas, Dimitrios) (Entered: 11/30/2016)
NOTICE of Attorney Appearance - Pro Hac Vice by James S Trainor, Jr on behalf of Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. Filing fee $ 100, receipt number 0540-6050761. (Trainor, James) (Entered: 11/30/2016)
NOTICE of Attorney Appearance - Pro Hac Vice by So Yeon Choe on behalf of Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. Filing fee $ 100, receipt number 0540-6050833. (Choe, So) (Entered: 11/30/2016)
NOTICE of Attorney Appearance - Pro Hac Vice by Catherine H McCord on behalf of Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. Filing fee $ 100, receipt number 0540-6050858. (McCord, Catherine) (Entered: 11/30/2016)
CORPORATE DISCLOSURE STATEMENT filed by ThermiAesthetics LLC, ThermiGen LLC identifying Corporate Parent Almirall, S.A. for ThermiAesthetics LLC, ThermiGen LLC. (Acosta, Matthew) (Entered: 12/19/2016)
NOTICE of Readiness for Scheduling Conference by Viveve, Inc. (Heartfield, J) (Entered: 12/22/2016)
ORDER granting 17 Motion to Extend Deadlines Regarding §101 Motion Practice. Signed by Judge Rodney Gilstrap on 12/28/2016. (nkl, ) (Entered: 12/28/2016)
ORDER - Scheduling Conference set for 1/31/2017 01:30 PM before Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 12/30/2016. (ch, ) (Entered: 12/30/2016)
REPLY to Response to Motion re 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101 filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Acosta, Matthew) (Entered: 01/17/2017)
REPLY to Response to Motion re 14 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 35 U.S.C. § 287(c) filed by Red Alinsod, MD. (Acosta, Matthew) (Entered: 01/17/2017)
SUR-REPLY to Reply to Response to Motion re 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101 filed by Viveve, Inc.. (Cimino, Frank) (Entered: 01/24/2017)
SUR-REPLY to Reply to Response to Motion re 14 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 35 U.S.C. § 287(c) filed by Viveve, Inc.. (Cimino, Frank) (Entered: 01/24/2017)
NOTICE of Designation of Mediator, William Cornelius, Jr., Esq., filed by Viveve, Inc.. Notice of Agreed Mediator (Cimino, Frank) (Entered: 02/03/2017)
ORDER REFERRING CASE to Mediator William Cornelius, One American Center, 909 ESE Loop 323, Suite 400, Tyler, Texas 75701, telephone number 903-509-5018 and fax number 903-509- 5091, is hereby appointed as mediator in the above referenced case. Signed by Judge Rodney Gilstrap on 2/6/2017. (ch, ) (Entered: 02/06/2017)
DISCOVERY ORDER re: 33 Joint MOTION for Entry of the Parties Agreed Proposed Discovery Order filed by Viveve, Inc... Signed by Judge Rodney Gilstrap on 2/16/2017. (sm, ) (Entered: 02/16/2017)
DOCKET CONTROL/SCHEDULING ORDER:( Pretrial Conference set for 5/7/2018 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Jury Selection set for 6/4/2018 09:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Mediation Completion due by 11/15/2017., Markman Hearing set for 10/18/2017 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap., Proposed Pretrial Order due by 4/30/2018.), re: 32 Joint MOTION for Entry of the Parties Agreed Proposed Docket Control Order filed by Viveve, Inc... Signed by Judge Rodney Gilstrap on 2/16/2017. (sm, ) (Entered: 02/16/2017)
NOTICE of Discovery Disclosure by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC (Acosta, Matthew) (Entered: 02/21/2017)
AGREED PROTECTIVE ORDER. Signed by Judge Rodney Gilstrap on 2/23/2017. (ch, ) (Entered: 02/23/2017)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC of Compliance Regarding Service of P.R. 3-3 Disclosures and P.R. 3-4 production (Acosta, Matthew) (Entered: 03/14/2017)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/27/17(Motion Hearing) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR-TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> 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.. Redaction Request due 4/20/2017. Redacted Transcript Deadline set for 5/1/2017. Release of Transcript Restriction set for 6/29/2017. (sholmes, ) (Entered: 03/26/2017)
MEMORANDUM OPINION AND ORDER re 14 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 35 U.S.C. § 287(c) filed by Red Alinsod, MD.. Signed by Judge Rodney Gilstrap on 4/20/2017. (nkl, ) (Entered: 04/20/2017)
MEMORANDUM OPINION AND ORDER re 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101 filed by Red Alinsod, MD, ThermiGen LLC, ThermiAesthetics LLC.. Signed by Judge Rodney Gilstrap on 4/20/2017. (nkl, ) (Entered: 04/20/2017)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC of Compliance Regarding Service of Defendants P.R. 4-1 Disclosures (Acosta, Matthew) (Entered: 06/14/2017)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC of Compliance Regarding Service of Defendants P.R. 4-2 Disclosures (Acosta, Matthew) (Entered: 07/07/2017)
NOTICE of Discovery Disclosure by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC (Acosta, Matthew) (Entered: 09/05/2017)
REPLY to Response to Motion re 51 MOTION for Judgment on the Pleadings Viveves Motion for Judgment on the Pleadings Dismissing Thermigen and Thermiaesthetics Counterclaims 4-9 and Alinsods Counterclaims 4-7 Pursuant to Fed R. Civ. P. 12(c) filed by Viveve, Inc.. (Cimino, Frank) (Entered: 09/18/2017)
ORDER - Court hereby appoints Mr. Scott Woloson as the Courts technical advisor in this case. Signed by Judge Rodney Gilstrap on 9/22/2017. (ch, ) (Entered: 09/22/2017)
SUR-REPLY to Reply to Response to Motion re 51 MOTION for Judgment on the Pleadings Viveves Motion for Judgment on the Pleadings Dismissing Thermigen and Thermiaesthetics Counterclaims 4-9 and Alinsods Counterclaims 4-7 Pursuant to Fed R. Civ. P. 12(c) filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Acosta, Matthew) (Entered: 09/25/2017)
ORDER granting 59 Motion for Extension of Time to File Reply Claim Construction Brief. Due 9/29/2017. Signed by Judge Rodney Gilstrap on 9/26/2017. (ch, ) (Entered: 09/26/2017)
REPLY to 53 Claim Construction Brief Plaintiff Viveves Reply Claim Construction Brief filed by Viveve, Inc.. (Cimino, Frank) (Entered: 09/29/2017)
Joint Claim Construction Chart by Viveve, Inc.. (Cimino, Frank) (Entered: 10/04/2017)
NOTICE of Attorney Appearance by Ralph Albert Dengler on behalf of Viveve, Inc. (Dengler, Ralph) (Entered: 11/01/2017)
MEMORANDUM OPINION AND ORDER. Signed by District Judge Rodney Gilstrap on 11/13/2017. (ch, ) (Entered: 11/13/2017)
ORDER - The Court has received Mr. Wolosons invoice for services through November 13, 2017, the court hereby ORDERS payment to be promptly made to Mr. Woloson within thirty (30) days of this Order as follows Signed by District Judge Rodney Gilstrap on 11/15/2017. (ch, ) Modified on 11/15/2017 (ch, ). (Entered: 11/15/2017)
NOTICE of Attorney Appearance by Michele V. Frank on behalf of Viveve, Inc. (Frank, Michele) (Entered: 11/15/2017)
PAPER TRANSCRIPT REQUEST by Viveve, Inc. for proceedings held on 10/18/17 Claim Construction Hearing before Judge Gilstrap. (Woodworth, Megan) (Entered: 11/15/2017)
ORDER granting 70 Joint MOTION to Extend The Deadline to Complete Mediation filed by Viveve, Inc. Mediation Completion due by 12/15/2017. Signed by District Judge Rodney Gilstrap on 11/16/2017. (ch, ) (Entered: 11/16/2017)
REPORT of Mediation by William Joseph Cornelius. Mediation result: IMPASSE(Cornelius, William) (Entered: 12/06/2017)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC of Proof of Service on Grant Stevens, M.D. (Acosta, Matthew) (Entered: 12/21/2017)
NOTICE of Attorney Appearance by Eric E Lancaster on behalf of Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC (Lancaster, Eric) (Entered: 12/29/2017)
NOTICE of Attorney Appearance - Pro Hac Vice by Silvia M. Medina on behalf of Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. Filing fee $ 100, receipt number 0540-6606043. (Medina, Silvia) (Entered: 01/03/2018)
NOTICE of Attorney Appearance - Pro Hac Vice by William D Coston on behalf of Viveve, Inc.. Filing fee $ 100, receipt number 0540-6606517. (Coston, William) (Entered: 01/03/2018)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/18/17 (Claim Construction Hearing) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR/TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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.. Redaction Request due 1/29/2018. Redacted Transcript Deadline set for 2/8/2018. Release of Transcript Restriction set for 4/6/2018. (sholmes, ) (Entered: 01/03/2018)
FIRST AMENDED DOCKET CONTROL ORDER granting 78 Joint MOTION for Extension of Time to Complete Discovery and File Motions to Compel Discovery. Pretrial Conference set for 5/21/2018 09:00 AM before District Judge Rodney Gilstrap., Jury Selection set for 6/4/2018 09:00AM before District Judge Rodney Gilstrap., Motions due by 4/16/2018., Proposed Pretrial Order due by 4/30/2018. Signed by District Judge Rodney Gilstrap on 1/9/2018. (ch, ) (Entered: 01/09/2018)
SECOND AMENDED DOCKET CONTROL ORDER - Pretrial Conference set for 5/7/2018 09:00 AM before District Judge Rodney Gilstrap., Amended Pleadings due by 8/2/2017., Jury Selection set for 6/4/2018 09:00AM before District Judge Rodney Gilstrap., Mediation Completion due by 11/15/2017., Markman Hearing set for 10/18/2017 01:30 PM before District Judge Rodney Gilstrap., Motions in Limine due by 4/16/2018., Proposed Pretrial Order due by 4/30/2018. Signed by District Judge Rodney Gilstrap on 1/26/2018. (nkl, ) (Entered: 01/26/2018)
ORDER granting 82 Motion to Dismiss. ORDERED that Defendant Dr. Alinsods counterclaims 4-7 hereby are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that all attorney fees and costs are to be borne by the party that incurred them. Signed by District Judge Rodney Gilstrap on 2/9/2018. (ch, ) (Entered: 02/09/2018)
ORDER granting 83 Motion to Dismiss. ORDERED that Defendant Thermis counterclaims 4-9 hereby are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that all attorney fees and costs are to be borne by the party that incurred them. Signed by District Judge Rodney Gilstrap on 2/9/2018. (ch, ) (Entered: 02/09/2018)
THIRD AMENDED DOCKET CONTROL ORDER granting 81 Joint MOTION to Modify Expert Discovery Deadlines. Pretrial Conference set for 5/7/2018 09:00 AM before District Judge Rodney Gilstrap., Jury Selection set for 6/4/2018 09:00AM before District Judge Rodney Gilstrap., Motions due by 4/16/2018., Proposed Pretrial Order due by 4/30/2018. Signed by District Judge Rodney Gilstrap on 2/12/2018. (ch, ) (Entered: 02/12/2018)
ORDER granting 87 Joint Motion to Take Depositions Out of Time and Extend the Deadlines to File Motions to Strike Expert Testimony. Signed by District Judge Rodney Gilstrap on 3/12/2018. (ch, ) (Entered: 03/12/2018)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC of Compliance Regarding Service of Pretrial Disclosures (Acosta, Matthew) (Entered: 03/26/2018)
ORDER granting 91 Joint MOTION Motion to Take Deposition Out of Time and Extend the Deadline to File Motions to Strike Expert Testimony. Signed by District Judge Rodney Gilstrap on 3/28/2018. (ch, ) (Entered: 03/28/2018)
SEALED REPLY to Response to Motion re 90 SEALED MOTION to Strike Opinions of Viveves Technical Witness Dr. Lawrence Bass filed by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC. (Acosta, Matthew) (Entered: 04/05/2018)
ORDER REGARDING EXHIBITS. Signed by District Judge Rodney Gilstrap on 4/10/2018. (nkl, ) (Entered: 04/11/2018)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC of Request for Daily Trial Transcripts and Real Time Reporting (Acosta, Matthew) (Entered: 04/23/2018)
NOTICE by Viveve, Inc. Plaintiffs Notice of Request for Daily Trial Transcripts and Real Time Reporting (Cimino, Frank) (Entered: 04/23/2018)
ORDER granting 106 Joint Motion to Further Extend the Deadline to File a Motion to Strike Expert Testimony. Deadline is 5/11/2018. Signed by District Judge Rodney Gilstrap on 4/26/2018. (ch, ) (Entered: 04/27/2018)
ORDER granting 108 Joint MOTION to Extend the Deadline to File Joint Proposed Jury Instructions, Joint Proposed Verdict Form, and Notify Court of Agreements. Signed by District Judge Rodney Gilstrap on 5/1/2018. (ch, ) (Entered: 05/02/2018)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC of Prior Art Under 35 U.S.C. § 282 (Acosta, Matthew) (Entered: 05/04/2018)
ORDER ON JURY SELECTION AND PRESENTATION OF EVIDENCE IN CIVIL CASES SET FOR THE JUNE TERM. Signed by District Judge Rodney Gilstrap on 5/10/2018. (ch, ) (Entered: 05/11/2018)
ORDER granting 115 Unopposed SEALED MOTION to Substitute Corrected Exhibits to Its Opposition to Defendants Motion for Partial Summary Judgment. Signed by District Judge Rodney Gilstrap on 5/15/2018. (ch, ) (Entered: 05/15/2018)
NOTICE by Red Alinsod, MD, ThermiAesthetics LLC, ThermiGen LLC re 114 Order (Acosta, Matthew) (Entered: 05/16/2018)
ORDER re 120 SEALED MOTION Plaintiffs Motion to Supplement Evidence in Support of Viveves Opposition to Defendants Motion to Strike the Testimony of Viveves Expert, Dr. Lawrence Bass filed by Viveve, Inc., 119 SEALED MOTION Plaintiffs Motion to Supplement Evidence in Support of Viveves Opposition to Defendants Motion for Partial Summary Judgment filed by Viveve, Inc.. Signed by District Judge Rodney Gilstrap on 5/18/2018. (nkl, ) (Entered: 05/18/2018)
ORDER TO PURCHASE JURY MEALS. Signed by District Judge Rodney Gilstrap on 05/23/2018. (klc, ) (Entered: 05/23/2018)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/22/18 (Pretrial Hearing) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR, TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> 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.. Motion to Redact due 6/19/2018. Release of Transcript Restriction set for 8/27/2018. (sholmes, ) (Entered: 05/29/2018)
ORDER denying 88 Motion for Partial Summary Judgment. Signed by District Judge Rodney Gilstrap on 5/29/2018. (ch, ) (Entered: 05/30/2018)
ORDER denying 90 Sealed Motion to Strike Opinions of Viveves Technical WitnessDr. Lawrence Bass. Signed by District Judge Rodney Gilstrap on 5/29/2018. (ch, ) (Entered: 05/30/2018)
ORDER MEMORIALIZING INITIAL PRETRIAL HEARING - granting in part and denying in part 101 Sealed Motion; granting in part and denying in part 102 Sealed Motion; granting in part and denying in part 119 Sealed Motion; granting in part and denying in part 120 Sealed Motion. Signed by District Judge Rodney Gilstrap on 5/29/2018. (ch, ) (Entered: 05/30/2018)
ORDER granting 133 Joint Motion to Stay All Deadlines and Notice of Settlement. Signed by District Judge Rodney Gilstrap on 5/31/2018. (nkl, ) (Entered: 05/31/2018)
ORDER DISMISSING CASE. Signed by District Judge Rodney Gilstrap on 6/4/2018. (nkl, ) (Entered: 06/04/2018)
Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (nkl, ) (Entered: 06/04/2018)
Timeline
filed_date
closed_date
Oct
Nov
Dec
2017
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2018
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2019
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Patents In Case

Not a member? Sign up for free!