3Shape A/S v. Align Technology, Inc.

1:18-cv-00697

Overview

Case Number 1:18-cv-00697

Filing Date 2018-05-08

Status Terminated

Termination Date 2022-03-03

Court District Court, D. Delaware (ded)

Presiding Judge Leonard P. Stark

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:1 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Align Technology, Inc.

Represented By

9 Attorneys Listed

Jeff Castellano

DLA Piper LLP

Tel: +1 (302) 468-5671

1201 N. Market St., Suite 2100

Mark J. Consilvio

Email: mconsilvio@wolfgreenfield.com

John W. Shaw

Shaw Keller LLP

Tel: +1 (302) 298-0701

I.M. Pei Building, 1105 North Market Street

John S. Holley

Email: jholley@mckoolsmith.com

Elizabeth Bernard

Email: ebernard@mckoolsmith.com

David M. Fry

JPMorgan Chase & Co.

Tel: +1 (302) 455-3374

JPMorgan Chase & Co., 4041 Ogletown Stanton Road

Christina A. Ondrick

Email: condrick@mckoolsmith.com

Blair M. Jacobs

Email: bjacobs@mckoolsmith.com

Andrew Russell

Shaw Keller LLP

Tel: +1 (302) 298-0704

1105 North Market St., 12th Floor, I. M. Pei Building

Plaintiff

3Shape A/S

Represented By

3 Attorneys Listed

Philip L. Hirschhorn

Email: phirschhorn@panitchlaw.com

Kimberly E. Coghill

Email: coghillk@pepperlaw.com

Geoffrey Graham Grivner

Buchanan Ingersoll & Rooney PC

Tel: +1 (484) 431-6101

500 Delaware Avenue, Suite 720

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Leonard P. Stark

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2377591.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(jcs) (Entered: 05/08/2018)

2018-05-08

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COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2377591.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(jcs) (Entered: 05/08/2018)

2018-05-08

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COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2377591.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(jcs) (Entered: 05/08/2018)

2018-05-08

View

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2377591.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(jcs) (Entered: 05/08/2018)

2018-05-08

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3Shape A/S v. Align Technology, Inc.

Overview

Parties

Defendant

Align Technology, Inc. Follow

Represented By

Plaintiff

3Shape A/S Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) (Entered: 05/08/2018)

Summons Issued with Magistrate Consent Notice attached as to Align Technology, Inc. on 5/8/2018. 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. (jcs)

SUMMONS Returned Executed by 3Shape A/S. Align Technology, Inc. served on 5/8/2018, answer due 5/29/2018. (Grivner, Geoffrey) (Entered: 05/09/2018)

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (nms)

First AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Grivner, Geoffrey) (Entered: 05/24/2018)

STIPULATION TO EXTEND TIME to Respond to the First Amended Complaint to July 12, 2018 - filed by Align Technology, Inc.. (Shaw, John) (Entered: 05/29/2018)

SO ORDERED D.I. 6 STIPULATION TO EXTEND TIME to Respond to the First Amended Complaint to July 12, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 5/31/2018. (dlb)

PROPOSED ORDER Procedures Order re 4 Order Referring Case to Magistrate Judge,,, by 3Shape A/S. (Grivner, Geoffrey) (Entered: 06/22/2018)

SO ORDERED D.I. 8 Proposed Procedures Order filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 6/26/2018. (dlb)

MOTION to Dismiss for Failure to State a Claim - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Russell, Andrew) (Entered: 07/12/2018)

OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc..Answering Brief/Response due date per Local Rules is 7/26/2018. (Russell, Andrew) (Entered: 07/12/2018)

MOTION REFERRED: 9 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb) Modified on 7/16/2018 (dlb).

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Align Technology, Inc.. (Russell, Andrew) (Entered: 07/20/2018)

Pro Hac Vice Attorney Philip L. Hirschhorn for 3Shape A/S added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg)

SO ORDERED D.I. 7 MOTION for Pro Hac Vice Appearance of Attorney Philip L. Hirschhorn, S. Lloyd Smith, Kim E. Coghill and David W. H. Leibovitch filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 7/20/2018. (dlb)

Pro Hac Vice Attorney Kim Coghill for 3Shape A/S added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg)

MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick, John S. Holley, and Mark Consilvio - filed by Align Technology, Inc.. (Fry, David) (Entered: 07/25/2018)

ANSWERING BRIEF in Opposition re 9 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S.Reply Brief due date per Local Rules is 8/2/2018. (Grivner, Geoffrey) (Entered: 07/26/2018)

REPLY BRIEF re 9 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc.. (Russell, Andrew) (Entered: 08/02/2018)

SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Blair M. Jacobs, Christina A. Ondrick, John S. Holley, and Mark Consilvio filed by Align Technology, Inc.. Ordered by Judge Christopher J. Burke on 8/3/2018. (jcs)

Pro Hac Vice Attorney Blair M. Jacobs for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)

REQUEST for Oral Argument by Align Technology, Inc. re 9 MOTION to Dismiss for Failure to State a Claim . (Hawthorne-Searight, Daryll) (Entered: 08/09/2018)

Pro Hac Vice Attorney Mark J. Consilvio,Christina A. Ondrick,John S. Holley for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)

Letter to Judge Stark from Geoffrey G. Grivner regarding Court's Oral Order. (Attachments: # 1 Exhibit Patent Checklist, # 2 Text of Proposed Order Proposed Scheduling Order)(Grivner, Geoffrey) (Entered: 09/21/2018)

PROPOSED ORDER Scheduling Order re Scheduling Conference, by 3Shape A/S. (Grivner, Geoffrey) (Entered: 10/19/2018)

ORDER Setting Mediation Conference: A Telephone Conference is set for 11/19/2018 at 11:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 10/23/2018. Associated Cases: 1:18-cv-00886-LPS-CJB, 1:18-cv-00697-LPS-CJB(dlb) (Entered: 10/23/2018)

Motion No Longer Referred to Judge Burke: 9 MOTION to Dismiss. (ntl)

STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 14, 2019 - filed by Align Technology, Inc.. (Shaw, John) (Entered: 01/07/2019)

NOTICE OF SERVICE of 1) Defendant Align Technology, Inc.'s Rule 26(a)(1) Initial Disclosures and 2) Defendant Align Technology, Inc.'s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 01/08/2019)

SO ORDERED D.I. 21 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 14, 2019 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/8/2019. (mlc)

NOTICE OF SERVICE of Align Technology, Inc.'s First Set of Interrogatories to 3Shape A/S (Nos. 1-8) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 01/09/2019)

NOTICE OF SERVICE of Align Technology, Inc.'s First Set of Requests for Production to Plaintiff 3Shape A/S (Nos. 1-146) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 01/11/2019)

Letter to the Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Scheduling Order Expert Disclosure Deadlines - re 18 Scheduling Order,,,. (Grivner, Geoffrey) (Entered: 01/14/2019)

STIPULATION TO EXTEND TIME FOR THE SUBMISSION OF AGREED PROTECTIVE ORDER to JANUARY 17, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 01/14/2019)

SO ORDERED D.I. 26 STIPULATION TO EXTEND TIME FOR THE SUBMISSION OF AGREED PROTECTIVE ORDER to JANUARY 17, 2019 filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 1/14/2019. (dlb)

STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 18, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/17/2019)

PROPOSED ORDER [STIPULATED PROTECTIVE ORDER] by 3Shape A/S. (Grivner, Geoffrey) (Entered: 01/18/2019)

Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 1/18/2019. (dlb) (Entered: 01/18/2019)

SO ORDERED D.I. 27 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to January 18, 2019 filed by Align Technology, Inc. Ordered by Judge Leonard P. Stark on 1/18/2019. (dlb)

MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/28/2019)

Pro Hac Vice Attorney Elizabeth Bernard for Align Technology, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB(ddp).

STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to March 14, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/01/2019)

SO ORDERED D.I. 33 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to March 14, 2019 filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 3/4/2019. (dlb)

SO ORDERED

STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to MARCH 21, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/14/2019)

STIPULATION Stay Pending PTAB Institution Decisions by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/21/2019)

ORAL ORDER: In light of the parties' requested stay (D.I. 35), IT IS HEREBY ORDERED that the pending motion to dismiss (D.I. 9) is DENIED without prejudice to renew after the stay is lifted. ORDERED by Judge Leonard P. Stark on 3/25/19. (ntl) (Entered: 03/25/2019)

Order

SO ORDERED

~Util - Case Stayed

SO ORDERED, re 34 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO PRODUCE AN INITIAL CLAIM CHART to MARCH 21, 2019 filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 3/25/19. (ntl)

SO ORDERED, re 35 STIPULATED Stay Pending PTAB Institution Decisions -- Case Stayed. Signed by Judge Leonard P. Stark on 3/25/19. (ntl)

Order

STIPULATION Consolidate Actions 18-697 and 18-886 by 3Shape A/S. (Grivner, Geoffrey) (Entered: 08/09/2019)

NOTICE OF SERVICE of Plaintiff's Initial Infringement Contentions filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 08/16/2019)

SO ORDERED

Create Case Association - dkt in member case for Consol or MDL

Case associated with lead case: Create association to 1:18-cv-00886-LPS-CJB. (ntl)

Order

Order

Terminate Case - Civil

CASE CLOSED (See D.I. 451 in lead case no. 18-886-LPS). (ntl)

Track Case Updates

Align Technology, Inc.

3Shape A/S