3Shape A/S v. Align Technology, Inc.
1:18-cv-00886
Overview
Case Number
1:18-cv-00886
Filing Date
2018-06-14
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
35:271 Patent Infringement
Jury Demand
Both
Parties
Defendant
Align Technology, Inc.
Represented By
25 Attorneys ListedWhite & Williams
Tel: +1 (302) 467-4513
White & Williams, 600 North King Street, Suite 800
JPMorgan Chase & Co.
Tel: +1 (302) 455-3374
JPMorgan Chase & Co., 4041 Ogletown Stanton Road
Shaw Keller LLP
Tel: +1 (302) 298-0704
1105 North Market St., 12th Floor, I. M. Pei Building
Counter Claimant
3Shape A/S
Represented By
11 Attorneys ListedTroutman Pepper Hamilton Sanders, LLP
Tel: +1 (302) 777-6536
Fax: +1 (302) 421-8390
Trial and Dispute Resolution, Hercules Plaza
Buchanan Ingersoll & Rooney PC
Tel: +1 (302) 552-4207
500 Delaware Avenue, Suite 720
Third Party Defendant
Buchanan Ingersoll & Rooney
Represented By
1 Attorneys ListedMcCarter & English, LLP
Tel: +1 (302) 984-6312
Renaissance Centre, 405 N. King Street, 8th Floor
Court & Judges
Court
District Court, D. Delaware (ded)
Presiding Judge
Leonard P. Stark
Patents Involved
There are 2 patents involved in this case.
| Application Number | Patent Number | External Links |
|---|---|---|
| - | US9629551 | |
| - | US10349042 |
Docket Entries
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2401733.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Civil Cover Sheet)(nmf) (Entered: 06/14/2018)
2018-06-14
1
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2401733.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Civil Cover Sheet)(nmf) (Entered: 06/14/2018)
2018-06-14
2
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2401733.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Civil Cover Sheet)(nmf) (Entered: 06/14/2018)
2018-06-14
2
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2401733.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Civil Cover Sheet)(nmf) (Entered: 06/14/2018)
2018-06-14
2
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2401733.) - filed by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Civil Cover Sheet)(nmf) (Entered: 06/14/2018)
2018-06-14
2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmf) (Entered: 06/14/2018)
2018-06-14
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,629,551. (nmf) (Entered: 06/14/2018)
2018-06-14
1
NOTICE of filing the following Non-Paper material(s) in multi media format: one disc containing the following: 1. Exhibit C, Gardner Orthodontics Video;2. Exhibit D, Align Technology, Inc. Video. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Geoffrey Graham Grivner on behalf of 3Shape A/S. (nmf) (Entered: 06/14/2018)
2018-06-14
1
No Summons Issued. (nmf)
2018-06-14
1
No Actions
Return of Service Executed by 3Shape A/S. Align Technology, Inc. served on 6/18/2018, answer due 7/9/2018. (Grivner, Geoffrey) (Entered: 06/18/2018)
2018-06-18
1
Summons Issued with Magistrate Consent Notice attached as to Align Technology, Inc. on 6/18/2018. (ceg)
2018-06-18
1
No Actions
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
2018-06-20
1
No Actions
ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 6/21/18. (ntl) (Entered: 06/21/2018)
2018-06-21
1
PROPOSED ORDER Procedures Order re 6 Order Referring Case to Magistrate Judge,,, by 3Shape A/S. (Grivner, Geoffrey) (Entered: 06/22/2018)
2018-06-22
1
SO ORDERED D.I. 7 Proposed Procedures Order filed by 3Shape A/S. Ordered by Judge Christopher J. Burke on 6/26/2018. (dlb)
2018-06-26
1
No Actions
STIPULATION TO EXTEND TIME (and proposed order) to answer, move or otherwise respond to the Complaint to August 9, 2018 - filed by Align Technology, Inc.. (Hawthorne-Searight, Daryll) (Entered: 07/03/2018)
2018-07-03
1
SO ORDERED D.I. 8 STIPULATION TO EXTEND TIME (and proposed order) to answer, move or otherwise respond to the Complaint to August 9, 2018 filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 7/3/2018. (dlb)
2018-07-03
1
No Actions
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.. (Shaw, John) (Entered: 08/07/2018)
2018-08-07
1
MOTION to Dismiss for Failure to State a Claim - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Russell, Andrew) (Entered: 08/09/2018)
2018-08-09
1
OPENING BRIEF in Support re 10 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc..Answering Brief/Response due date per Local Rules is 8/23/2018. (Russell, Andrew) (Entered: 08/09/2018)
2018-08-09
1
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Align Technology, Inc.. (Russell, Andrew) (Entered: 08/09/2018)
2018-08-09
1
MOTION REFERRED: 10 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb)
2018-08-09
1
No Actions
SO ORDERED, re 9 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 8/13/2018. (jcs)
2018-08-13
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 8/22/2018. (dlb)
2018-08-22
1
No Actions
ANSWERING BRIEF in Opposition re 10 MOTION to Dismiss for Failure to State a Claim filed by 3Shape A/S.Reply Brief due date per Local Rules is 8/30/2018. (Grivner, Geoffrey) (Entered: 08/23/2018)
2018-08-23
1
REPLY BRIEF re 10 MOTION to Dismiss for Failure to State a Claim filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 08/30/2018)
2018-08-30
1
REQUEST for Oral Argument by Align Technology, Inc. re 10 MOTION to Dismiss for Failure to State a Claim . (Hawthorne-Searight, Daryll) (Entered: 09/06/2018)
2018-09-06
1
Letter to Judge Stark from Geoffrey G. Grivner regarding Plaintiff's Opposition to Defendant's Request for Oral Argument - re 10 MOTION to Dismiss for Failure to State a Claim, 15 Request for Oral Argument. (Grivner, Geoffrey) (Entered: 09/13/2018)
2018-09-13
1
ORAL ORDER: IT IS HEREBY ORDERED that the motion to dismiss (D.I. 10 ) is no longer referred to Judge Burke. ORDERED by Judge Leonard P. Stark on 9/18/18. (ntl) (Entered: 09/18/2018)
2018-09-18
1
Motion No Longer Referred: 10 MOTION to Dismiss for Failure to State a Claim. (ntl)
2018-09-18
1
No Actions
Letter to Judge Stark from Geoffrey G. Grivner regarding Court's Oral Order. (Attachments: # 1 Exhibit Patent Checklist, # 2 Text of Proposed Order Proposed Sheduling Order)(Grivner, Geoffrey) (Entered: 09/21/2018)
2018-09-21
1
Letter to Judge Stark from Geoffrey G. Grivner regarding Court's Oral Order. (Attachments: # 1 Exhibit Patent Checklist, # 2 Text of Proposed Order Proposed Sheduling Order)(Grivner, Geoffrey) (Entered: 09/21/2018)
2018-09-21
2
Letter to Judge Stark from Geoffrey G. Grivner regarding Court's Oral Order. (Attachments: # 1 Exhibit Patent Checklist, # 2 Text of Proposed Order Proposed Sheduling Order)(Grivner, Geoffrey) (Entered: 09/21/2018)
2018-09-21
2
Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 10/15/2018 at 01:30 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 9/27/2018. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB(dlb)
2018-09-27
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Scheduling Conference held on 10/15/2018. The parties have been provided key dates. Plaintiff's counsel shall submit a revised proposed scheduling order by 10/19/18. (Court Reporter Valerie Gunning)(Clerk, M. Streifthau-Livizos) Appearances: G. Grivner, K. Coghill, and L. Smith for Plaintiff; J. Shaw and B. Jacobs for Defendant. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB(dlb)
2018-10-15
1
No Actions
Letter to The Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Enclsoing Proposed Scheduling Order - re Scheduling Conference,. (Attachments: # 1 Text of Proposed Order [Proposed] Scheduling Order)(Grivner, Geoffrey) (Entered: 10/19/2018)
2018-10-19
1
Letter to The Honorable Christopher J. Burke from Geoffrey G. Grivner regarding Enclsoing Proposed Scheduling Order - re Scheduling Conference,. (Attachments: # 1 Text of Proposed Order [Proposed] Scheduling Order)(Grivner, Geoffrey) (Entered: 10/19/2018)
2018-10-19
2
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/23/2019. Amended Pleadings due by 12/23/2019. Discovery due by 7/10/2020. Opening Expert Reports due by 8/10/2020. Rebuttal Expert Reports due by 9/11/2020. Expert Discovery due by 10/21/2020. Status Report due by 3/16/2020. Dispositive Motions due by 11/10/2020. A Motion Hearing is set for 1/26/2021 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 12/6/2019. Claim Construction Answering Brief due by 1/15/2020. A Markman Hearing is set for 3/2/2020 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 3/26/2021 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 4/12/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 10/22/2018. (dlb) Modified on 10/25/2018 (dlb). (Entered: 10/22/2018)
2018-10-22
1
CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak)
2018-10-22
1
No Actions
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)
2018-10-23
1
Pro Hac Vice Attorney Blair M. Jacobs,Christina A. Ondrick,Mark J. Consilvio,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)
2018-10-25
1
No Actions
NOTICE requesting Clerk to remove Daryll M. Hawthorne-Searight as co-counsel.. (Shaw, John) (Entered: 12/12/2018)
2018-12-12
1
ORAL ORDER: In addition to the earlier referral order, IT IS HEREBY ORDERED that this case is also referred to Magistrate Judge Christopher J. Burke, pursuant to 28 U.S.C. § 636(b), to hear and resolve all discovery disputes. ORDERED by Judge Leonard P. Stark on 1/4/19. (ntl) (Entered: 01/04/2019)
2019-01-04
1
NOTICE OF SERVICE of 1) Align Technology, Inc.'s First Set of Interrogatories to 3Shape A/S (Nos. 1-10) and 2) 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: 01/16/2019)
2019-01-16
1
MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/28/2019)
2019-01-28
1
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).
2019-01-29
1
No Actions
SO ORDERED D.I. (108 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, Mark Consilvio, and James V. Razick filed by Align Technology, Inc., (94 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard, John S. Holley, and Mark Consilvio, of Paul Hastings LLP filed by Align Technology, Inc., (25 in 1:18-cv-00886-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc., (31 in 1:18-cv-00697-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Bernard filed by Align Technology, Inc. Ordered by Judge Christopher J. Burke on 1/29/2019. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS-CJB(dlb)
2019-01-29
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Judge Leonard P. Stark on 2/5/2019. (dlb)
2019-02-05
1
No Actions
NOTICE OF SERVICE of 1) Defendant Align Technology, Inc.'s Objections and Responses to 3Shape's First Set of Requests for Production of Documents, Electronically Stored Information, and Things (Nos. 1-101) and 2) Align Technology, Inc.'s Responses and Objections to 3Shape A/S's First Set of Interrogatories [Nos. 1-5] filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 02/11/2019)
2019-02-11
1
NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants First Set of Requests for the Production of Documents and Things (Nos. 1-146) and Plaintiffs Objections and Responses to Defendants Request for First Set of Interrogatories (Nos. 1-10) filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 02/15/2019)
2019-02-15
1
STIPULATION TO EXTEND TIME submission of an agreed Proposed Protective Order to March 14, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/07/2019)
2019-03-07
1
STIPULATION TO EXTEND TIME submission of agreed Proposed Protective Order to March 21, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/14/2019)
2019-03-14
1
STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to March 28, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 03/20/2019)
2019-03-20
1
SO ORDERED
2019-03-25
1
No Actions
SO ORDERED, re 30 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to March 28, 2019 filed by Align Technology, Inc., 28 STIPULATION TO EXTEND TIME submission of an agreed Proposed Protective Order to March 14, 2019 filed by 3Shape A/S, 29 STIPULATION TO EXTEND TIME submission of agreed Proposed Protective Order to March 21, 2019 filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 3/25/19. (ntl)
2019-03-25
1
No Actions
STIPULATION TO EXTEND TIME Submission of Agreed Upon Protective Order to April 2, 2019 - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/28/2019)
2019-03-28
1
MEMORANDUM OPINION re 10 motion to dismiss. Signed by Judge Leonard P. Stark on 3/29/19. (ntl)
2019-03-29
1
ORDER re 32 Memorandum Opinion -- 10 MOTION to Dismiss is DENIED. Signed by Judge Leonard P. Stark on 3/29/19. (ntl) (Entered: 03/29/2019)
2019-03-29
1
STIPULATION Protective Order by 3Shape A/S. (Grivner, Geoffrey) (Entered: 04/02/2019)
2019-04-02
1
SO ORDERED
2019-04-02
1
No Actions
SO ORDERED, re 31 STIPULATION TO EXTEND TIME Submission of Agreed Upon Protective Order to April 2, 2019 filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 4/2/19. (ntl)
2019-04-02
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Kimberly E. Coghill - filed by 3Shape A/S. (Attachments: # 1 Certificate of Compliance for Kimberly Coghill, # 2 Text of Proposed Order for Kimberly Coghill)(Grivner, Geoffrey) (Entered: 04/05/2019)
2019-04-05
1
Joint STATUS REPORT by 3Shape A/S. (Grivner, Geoffrey) (Entered: 04/05/2019)
2019-04-05
1
SO ORDERED
2019-04-08
1
No Actions
SO ORDERED, re 35 MOTION for Pro Hac Vice Appearance of Attorney Kimberly E. Coghill filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 4/8/19. (ntl)
2019-04-08
1
No Actions
SO ORDERED
2019-04-15
1
No Actions
SO ORDERED, re 34 Stipulated Protective Order. Signed by Judge Leonard P. Stark on 4/15/19. (ntl)
2019-04-15
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that any and all motions to dismiss, stay, and/or transfer venue, which are currently pending or may be filed in this case are no longer referred to Magistrate Judge Burke. Judge Burke retains his referral for discovery disputes and alternative dispute resolution. ORDERED by Judge Leonard P. Stark on 4/26/19. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB (ntl) (Entered: 04/26/2019)
2019-04-26
1
Order
2019-04-26
1
No Actions
NOTICE OF SERVICE of (1) Defendant Align Technology, Inc.'s Rule 26(a)(1) Initial Disclosures (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: 05/14/2019)
2019-05-14
1
NOTICE OF SERVICE of Plaintiff's Initial Disclosures and Plaintiff's Specification of Accused Products filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 05/15/2019)
2019-05-15
1
NOTICE OF SERVICE of Plaintiff 3Shape Inc.'s Initial Infringement Contentions and Infringement Claim Chart filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 07/08/2019)
2019-07-08
1
NOTICE OF SERVICE of [Corrected] Plaintiff 3Shape A/S's Initial Infringement Contentions and Infringement Claim Chart re 40 Notice of Service filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 07/09/2019)
2019-07-09
1
STIPULATION Consolidate Actions 18-697 and 18-886 by 3Shape A/S. (Grivner, Geoffrey) (Entered: 08/09/2019)
2019-08-09
1
SO ORDERED
2019-08-19
1
No Actions
SO ORDERED, re (38 in 1:18-cv-00697-LPS-CJB) (42 in 1:18-cv-00886-LPS-CJB) Stipulation Consolidating Actions -- the 18-886 action shall be designated the lead case for all purposes including trial. All future filings in these actions shall be made in the 18-886 action ONLY. Trial on all claims asserted in both actions shall occur in accordance with the scheduling order in the 18-886 action, commencing on 4/12/21. Signed by Judge Leonard P. Stark on 8/19/19. Associated Cases: 1:18-cv-00697-LPS-CJB, 1:18-cv-00886-LPS-CJB (ntl) Modified on 8/19/2019 (ntl).
2019-08-19
1
No Actions
NOTICE OF SERVICE of Defendant Align Technology, Inc.s Initial Invalidity Contentions filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 08/22/2019)
2019-08-22
1
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
1
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
2
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
2
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
2
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
2
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
2
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
2
AMENDED COMPLAINT against Align Technology, Inc.- filed by 3Shape A/S. (Attachments: # 1 Amended Complaint Redline of Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Grivner, Geoffrey) (Main Document 44 replaced on 9/6/2019) (ntl). (Entered: 08/30/2019)
2019-08-30
2
ANSWER to Complaint with Jury Demand [re D.I. # 1, 18-697-LPS], COUNTERCLAIM against 3Shape A/S by Align Technology, Inc..(Shaw, John) (Entered: 09/03/2019)
2019-09-03
1
STIPULATION to Extend Time to Serve Initial Invalidity Contentions by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 09/06/2019)
2019-09-06
1
- CORRECTING ENTRY
2019-09-06
1
No Actions
CORRECTING ENTRY: Corrected Amended Complaint added to D.I. 44 per request of counsel. (ntl)
2019-09-06
1
No Actions
SO ORDERED
2019-09-09
1
No Actions
SO ORDERED, re 46 Stipulation to Extend Time filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/9/19. (ntl)
2019-09-09
1
No Actions
STIPULATION to Extend Time to Serve Initial Invalidity Contentions, Respond to Amended Complaint, and Exchange Claim Terms and Constructions by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 09/12/2019)
2019-09-12
1
SO ORDERED
2019-09-16
1
No Actions
SO ORDERED, re 47 Stipulation to Extend Time filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/13/19. (ntl)
2019-09-16
1
No Actions
ANSWER to 45 Answer to Complaint, Counterclaim by 3Shape A/S.(Grivner, Geoffrey) (Entered: 09/24/2019)
2019-09-24
1
NOTICE OF SERVICE of Aligns Initial Invalidity Contentions filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/30/2019)
2019-09-30
1
NOTICE OF SERVICE of [Confidential] Align Technology, Inc.s First Supplemental Responses to Plaintiffs First Set of Interrogatories filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 10/07/2019)
2019-10-07
1
ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to discovery disputes (D.I. 37). IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Jennifer L. Hall, pursuant to 28 U.S.C. § 636(b), to hear and resolve all discovery disputes. Ordered by Judge Leonard P. Stark on 10/8/2019. (etg) (Entered: 10/08/2019)
2019-10-08
1
Order
2019-10-08
1
No Actions
STIPULATION TO EXTEND TIME to serve response to amended complaint and the exchange of claim terms and constructions to October 21, 2019 and October 23, 2019 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 10/14/2019)
2019-10-14
1
ANSWER to Amended Complaint, re: 44 Amended Complaint, with JURY DEMAND, COUNTERCLAIM against 3Shape A/S by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 10/21/2019)
2019-10-21
1
SO ORDERED
2019-10-28
1
No Actions
SO ORDERED, re 52 STIPULATION TO EXTEND TIME to serve response to amended complaint and the exchange of claim terms and constructions to October 21, 2019 and October 23, 2019 filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 10/28/19. (ntl)
2019-10-28
1
No Actions
STIPULATION TO EXTEND TIME Multiple Deadlines to - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 11/08/2019)
2019-11-08
1
ANSWER to 53 Answer to Amended Complaint, Counterclaim by 3Shape A/S.(Grivner, Geoffrey) (Entered: 11/11/2019)
2019-11-11
1
SO ORDERED
2019-11-14
1
No Actions
SO ORDERED re 54 STIPULATION TO EXTEND TIME Multiple Deadlines filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 11/14/19. (etg)
2019-11-14
1
No Actions
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding the scheduling of a discovery and scheduling dispute teleconference. (Castellano, Jeffrey) (Entered: 11/19/2019)
2019-11-19
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 12/02/2019)
2019-12-02
1
Letter to The Honorable Jennifer L. Hall from Jeff Castellano. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 12/02/2019)
2019-12-02
1
ORAL ORDER: IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Jennifer L. Hall, pursuant to 28 U.S.C. § 636(b), to hear and resolve all matters related to scheduling disputes and any scheduling-related motions (e.g., Motions to Stay, Motions for Extensions of Time). This referral includes Align's letter requesting a discovery and scheduling dispute teleconference [D.I. 56]. ORDERED by Judge Leonard P. Stark on 12/5/19. (ntl) (Entered: 12/05/2019)
2019-12-05
1
Order
2019-12-05
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 12/06/2019)
2019-12-06
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 12/06/2019)
2019-12-06
1
NOTICE OF SERVICE of Defendant Align Technology, Inc.s Proposed List of Claim Terms for Construction filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 12/06/2019)
2019-12-06
1
SO ORDERED
2019-12-06
1
No Actions
SO ORDERED, re 60 MOTION for Pro Hac Vice Appearance of Attorney Andrew R. Cheslock filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 12/6/19. (ntl)
2019-12-06
1
No Actions
ORAL ORDER Setting Teleconference: The Court has reviewed Defendant Align Technology, Inc.'s Motion for Teleconference to Resolve Discovery Dispute (D.I. 61 ). A discovery dispute teleconference is set for December 17, 2019 at 11:00 AM Eastern Time before Judge Jennifer L. Hall. By no later than December 10, 2019, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than December 13, 2019, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Two courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 12/9/2019. (ceg) (Entered: 12/09/2019)
2019-12-09
1
Order Setting Teleconference
2019-12-09
1
No Actions
Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding Discovery and Scheduling Disputes - re 63 Order Setting Teleconference,,,,. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 12/10/2019)
2019-12-10
1
MOTION for Pro Hac Vice Appearance of Attorney S. Lloyd Smith - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 12/12/2019)
2019-12-12
1
SO ORDERED
2019-12-12
1
No Actions
SO ORDERED, re 65 MOTION for Pro Hac Vice Appearance of Attorney S. Lloyd Smith filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 12/12/19. (ntl)
2019-12-12
1
No Actions
Letter to The Honorable Jennifer L. Hall from Geoffrey G. Grivner regarding Scheduling Dispute - re 64 Letter, 63 Order Setting Teleconference. (Attachments: # 1 Exhibit A)(Grivner, Geoffrey) Modified docket text on 12/17/2019 (ceg). (Entered: 12/13/2019)
2019-12-13
1
Telephone Conference
2019-12-17
1
No Actions
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 12/17/2019. (*Court Reporter Brian Gaffigan) (ceg)
2019-12-17
1
No Actions
ORAL ORDER: As discussed during the discovery teleconference on December 17, 2019, the Court has made available April 6, 2020 at 2:00 p.m. for the Markman Hearing. If this date is agreeable to the parties, they shall file a stipulation to amend the scheduling order that incorporates this date and that is consistent with the additional directions provided during the teleconference. Alternatively, the parties may keep the current date for the Markman hearing. The Court directs the parties to the transcript for further guidance. ORDERED by Judge Jennifer L. Hall on 12/18/2019. (ceg) (Entered: 12/18/2019)
2019-12-18
1
Order
2019-12-18
1
No Actions
STIPULATION TO EXTEND TIME to submit exchange of claim terms and construction, joint claim construction chart, opening claim construction briefs, responsive claim construction briefs, and Markman hearing to January 23, 2020, February 3, 2020, February 14, 2020, March 6, 2020 and April 6, 2020, respectively - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 12/19/2019)
2019-12-19
1
MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaims - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 12/20/2019)
2019-12-20
1
MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaims - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 12/20/2019)
2019-12-20
2
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding leave under Fed. R. Civ. P. 15 to file an Amended Answer and Counterclaims - re 69 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaims. (Attachments: # 1 Exhibit A: Amended Answer, # 2 Exhibit B, # 3 Exhibit C)(Castellano, Jeffrey) (Entered: 12/20/2019)
2019-12-20
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding leave under Fed. R. Civ. P. 15 to file an Amended Answer and Counterclaims - re 69 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaims. (Attachments: # 1 Exhibit A: Amended Answer, # 2 Exhibit B, # 3 Exhibit C)(Castellano, Jeffrey) (Entered: 12/20/2019)
2019-12-20
2
SO ORDERED
2019-12-23
1
No Actions
Set/Reset Scheduling Order Deadlines
2019-12-23
1
No Actions
SO ORDERED, 68 Stipulation to Extend Deadlines. Reset Scheduling Order Deadlines: Claim Construction Opening Briefs due by 2/14/2020; Responsive Claim Construction Briefs due by 3/6/2020; A Markman Hearing is set for 4/6/2020 at 02:00 PM in Courtroom 6B before Judge Leonard P. Stark. ORDERED by Judge Jennifer L. Hall on 12/23/2019. (ceg)
2019-12-23
1
No Actions
Official Transcript of Telephone Conference held on December 17, 2019 before Judge Jennifer L. Hall. Court Reporter/Transcriber Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (bpg) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] Official Transcript of Telephone Conference held on December 17, 2019 before Judge Jennifer L. Hall. Sealed.(bpg) (Entered: 01/02/2020)
2020-01-02
1
Letter to Hon. Leonard P. Stark from Geoffrey Grivner regarding Response Letter re Amended Answer and Counterclaim - re 69 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaims. (Grivner, Geoffrey) (Entered: 01/03/2020)
2020-01-03
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Reply letter re Motion to Amend Answer and Counterclaim - re 69 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaims. (Castellano, Jeffrey) (Entered: 01/06/2020)
2020-01-06
1
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding teleconference request. (Castellano, Jeffrey) (Entered: 01/17/2020)
2020-01-17
1
NOTICE OF SERVICE of Plaintiff's Proposed Terms for Construction and Proposed Constructions filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 01/23/2020)
2020-01-23
1
NOTICE OF SERVICE of Defendant Align Technology, Inc.'s Proposed List of Claim Terms for Construction for U.S. Patent No. 10,349,042 filed by Align Technology, Inc..(Shaw, John) (Entered: 01/23/2020)
2020-01-23
1
MOTION for Pro Hac Vice Appearance of Attorney Mythili Markowski - filed by 3Shape A/S. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Mythili Markowski)(Grivner, Geoffrey) (Entered: 01/28/2020)
2020-01-28
1
NOTICE of Withdrawal of Certain Pro Hac Vice Counsel by 3Shape A/S (Grivner, Geoffrey) (Entered: 01/29/2020)
2020-01-29
1
SO ORDERED
2020-01-29
1
No Actions
SO ORDERED, re 78 MOTION for Pro Hac Vice Appearance of Attorney Mythili Markowski filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 1/29/20. (ntl)
2020-01-29
1
No Actions
CLAIM Construction Chart by 3Shape A/S. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit)(Grivner, Geoffrey) (Entered: 02/03/2020)
2020-02-03
1
ORAL ORDER: Pursuant to 28 U.S.C. § 636, IT IS HEREBY ORDERED that the following motion is referred to Magistrate Judge Jennifer L. Hall: Motion to Amend (D.I. 69). IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Jennifer L. Hall, pursuant to 28 U.S.C. § 636(b), to hear and resolve all claim construction issues. ORDERED by Judge Leonard P. Stark on 2/5/2020. (ntl) (Entered: 02/05/2020)
2020-02-05
1
MOTION REFERRED to Magistrate Judge Jennifer L. Hall: 69 MOTION to Amend Answer, Affirmative Defenses and Counterclaims. (ntl) (Entered: 02/05/2020)
2020-02-05
1
ORAL ORDER Setting Teleconference on Align Technology, Inc.'s Motion to Amend/Correct Answer (D.I. 69 ) for February 6, 2020 at 4:00 PM Eastern Time before Judge Jennifer L. Hall. In addition to the arguments raised in the parties' submissions, the parties shall be prepared to address the following issues: (1) If the Court grants Align's motion, whether it would it be appropriate for the Court to bifurcate the newly-added counterclaims for discovery and trial; and (2) if the Court were inclined to bifurcate, whether Align would rather proceed with its counterclaims in a separate action. ORDERED by Judge Jennifer L. Hall on 2/5/2020. (ceg) (Entered: 02/05/2020)
2020-02-05
1
Order Setting Teleconference
2020-02-05
1
No Actions
Order
2020-02-05
1
No Actions
Motions Referred
2020-02-05
1
No Actions
Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding Your Honors recent order setting a teleconference on Aligns motion to amend (D.I. 69). (Castellano, Jeffrey) (Entered: 02/06/2020)
2020-02-06
1
ORAL ORDER: Having reviewed the letter from Mr. Castellano (D.I. 84, IT IS HEREBY ORDERED that the teleconference on Align Technology, Inc.'s Motion to Amend/Correct Answer (D.I. 69 ) scheduled for today, February 6, 2020 at 4:00 PM Eastern Time has been RESCHEDULED to Monday, February 10, 2020 at 1:00 PM Eastern Time before Judge Jennifer L. Hall. ORDERED by Judge Jennifer L. Hall on 2/6/2020. (ceg) (Entered: 02/06/2020)
2020-02-06
1
STIPULATION TO EXTEND TIME for submission of claim construction tutorials and comments on opposing partys claim construction tutorial to March 6, 2020 and March 13, 2020 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/06/2020)
2020-02-06
1
Order
2020-02-06
1
No Actions
~Util - Set Hearings
2020-02-06
1
No Actions
SO ORDERED
2020-02-07
1
No Actions
Set/Reset Scheduling Order Deadlines
2020-02-07
1
No Actions
SO ORDERED, 86 Stipulation to Extend Time for submission of claim construction tutorials to March 6, 2020 and comments on opposing party's claim construction tutorial to March 13, 2020. ORDERED by Judge Jennifer L. Hall on 2/7/2020. (ceg)
2020-02-07
1
No Actions
MOTION to Amend/Correct Unopposed - filed by 3Shape A/S. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Text of Proposed Order Proposed Order)(Grivner, Geoffrey) (Entered: 02/09/2020)
2020-02-09
1
Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding todays teleconference. (Castellano, Jeffrey) (Entered: 02/10/2020)
2020-02-10
1
Telephone Conference
2020-02-10
1
No Actions
Minute Entry for proceedings held before Judge Jennifer L. Hall - Telephone Conference on Align Technology, Inc.'s Motion to Amend/Correct Answer (D.I. 69 ) held on 2/10/2020. (*Court Reporter Lorraine B. Marino.) (ceg)
2020-02-10
1
No Actions
ORAL ORDER: Defendant's Motion to Amend/Correct its Answer, Affirmative Defenses and Counterclaims (D.I. 69 ) is GRANTED. The parties shall submit an amended scheduling order consistent with the directions provided during the February 10, 2010 teleconference within 30 days. The Court directs the parties to the transcript for further guidance. ORDERED by Judge Jennifer L. Hall on 2/10/2020. (ceg) (Entered: 02/11/2020)
2020-02-11
1
Order on Motion to Amend/Correct
2020-02-11
1
No Actions
Official Transcript of Telephone Conference held on February 10, 2020 before Judge Jennifer L. Hall. Court Reporter Lorraine Marino, Email: lorraineb.marino@gmail.com. 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 3/6/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/14/2020. (bpg) (Entered: 02/14/2020)
2020-02-14
1
MOTION for Pro Hac Vice Appearance of Attorney Adam R. Banes - filed by 3Shape A/S. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Adam R. Banes)(Grivner, Geoffrey) (Entered: 02/14/2020)
2020-02-14
1
STIPULATION TO EXTEND TIME Multiple Claim Construction Deadlines to - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 02/14/2020)
2020-02-14
1
STIPULATION (and proposed order) to extend cae deadlines by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/18/2020)
2020-02-18
1
SO ORDERED
2020-02-18
1
No Actions
Set/Reset Scheduling Order Deadlines
2020-02-18
1
No Actions
SO ORDERED, 92 Stipulation to Extend Time regarding multiple claim construction deadlines filed by 3Shape A/S (*Reset Scheduling Order Deadlines: Amended Joint Claim Construction Chart due by 2/18/2020; Claim Construction Opening Briefs due by 2/20/2020; Responsive Claim Construction Briefs due by 3/11/2020; Submission of Claim Construction Tutorials due by 3/11/2020; Submission of comments on Opposing Party's Claim Construction Tutorial due by 3/18/2020). ORDERED by Judge Jennifer L. Hall on 2/18/2020. (ceg)
2020-02-18
1
No Actions
SO ORDERED
2020-02-19
1
No Actions
SO ORDERED, re 91 MOTION for Pro Hac Vice Appearance of Attorney Adam R. Banes filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 2/19/20. (ntl)
2020-02-19
1
No Actions
ORDER re 87 MOTION to Amend Complaint Exhibit Unopposed filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 2/20/20. (ntl) (Entered: 02/20/2020)
2020-02-20
1
SO ORDERED
2020-02-20
1
No Actions
Set/Reset Scheduling Order Deadlines
2020-02-20
1
No Actions
SO ORDERED, 93 Stipulation to Extend Case Deadlines by Align Technology, Inc. (*Reset Scheduling Order Deadlines: Amended Joint Claim Construction Chart due by 2/21/2020; Claim Construction Opening Briefs due by 2/24/2020; Responsive Claim Construction Briefs due by 3/13/2020; Submission of Claim Construction Tutorials due by 3/13/2020; Submission of comments on Opposing Party's Claim Construction Tutorial due by 3/20/2020). ORDERED by Judge Jennifer L. Hall on 2/20/2020. (ceg)
2020-02-20
1
No Actions
AMENDED DOCUMENT by 3Shape A/S. Amendment to 80 Claim Construction Chart,, . (Grivner, Geoffrey) (Entered: 02/21/2020)
2020-02-21
1
Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding claim construction hearing. (Castellano, Jeffrey) (Entered: 02/21/2020)
2020-02-21
1
NOTICE OF SERVICE of Align Technology, Inc.s First Set of Requests for Production Regarding U.S. Patent No. 10,349,042 to Plaintiff 3Shape A/S (Nos. 1-146) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 02/24/2020)
2020-02-24
1
AMENDED ANSWER to 44 Amended Complaint,, COUNTERCLAIM (First Amended Answer, Affirmative Defenses, and Counterclaims) against 3Shape A/S by Align Technology, Inc.. (Attachments: # 1 Exhibit 1-8)(Castellano, Jeffrey) (Entered: 02/24/2020)
2020-02-24
1
AMENDED ANSWER to 44 Amended Complaint,, COUNTERCLAIM (First Amended Answer, Affirmative Defenses, and Counterclaims) against 3Shape A/S by Align Technology, Inc.. (Attachments: # 1 Exhibit 1-8)(Castellano, Jeffrey) (Entered: 02/24/2020)
2020-02-24
2
ORAL ORDER: Having reviewed the joint letter (D.I. 96 ), dated February 21, 2020, the request to reschedule the Markman Hearing is GRANTED. The Markman Hearing is now scheduled for April 21, 2020 at 02:00 PM in Courtroom TBD before Judge Jennifer L. Hall. ORDERED by Judge Jennifer L. Hall on 2/24/2020. (ceg) (Entered: 02/24/2020)
2020-02-24
1
CLAIM CONSTRUCTION OPENING BRIEF filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/24/2020)
2020-02-24
1
DECLARATION re 100 Claim Construction Opening Brief (Declaration of Christina A. Ondrick) by Align Technology, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C, # 5 Exhibit 1D, # 6 Exhibit 2, # 7 Exhibit 2A, # 8 Exhibit 2B, # 9 Exhibit 2C, # 10 Exhibit 2D, # 11 Exhibit 2E, # 12 Exhibit 2F, # 13 Exhibit 2G, # 14 Exhibit 2H, # 15 Exhibit 2I, # 16 Exhibit 2J)(Castellano, Jeffrey) (Entered: 02/24/2020)
2020-02-24
1
CLAIM CONSTRUCTION OPENING BRIEF filed by 3Shape A/S. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Grivner, Geoffrey) (Entered: 02/24/2020)
2020-02-24
1
Order
2020-02-24
1
No Actions
Set/Reset Scheduling Order Deadlines
2020-02-24
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Brian H. Gold - filed by 3Shape A/S. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Brian H. Gold)(Grivner, Geoffrey) (Entered: 02/25/2020)
2020-02-25
1
SO ORDERED
2020-02-27
1
No Actions
SO ORDERED, re 103 MOTION for Pro Hac Vice Appearance of Attorney Brian H. Gold filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 2/27/20. (ntl)
2020-02-27
1
No Actions
NOTICE OF SERVICE of 1) Align Technology, Incs Consolidated and Re-Numbered First Set of Interrogatories to 3Shape A/S (Nos. 1-11) 2) Align Technology, Incs Second Set of Interrogatories to 3Shape A/S (Nos. 12-13) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/04/2020)
2020-03-04
1
ANSWER to 98 Amended Answer to Complaint, Counterclaim, COUNTERCLAIM against Align Technology, Inc. by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/09/2020)
2020-03-09
1
STIPULATION TO EXTEND TIME to extend deadline to submit amended scheduling order to March 16, 2020 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 03/10/2020)
2020-03-10
1
SO ORDERED
2020-03-11
1
No Actions
SO ORDERED, 106 STIPULATION TO EXTEND TIME to extend deadline to submit amended scheduling order to March 16, 2020 filed by Align Technology, Inc. Ordered by Judge Jennifer L. Hall on 3/11/2020. (nmg)
2020-03-11
1
No Actions
Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding the claim construction hearing scheduled for April 21, 2020. (Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
CLAIM CONSTRUCTION ANSWERING BRIEF re 102 Claim Construction Opening Brief filed by 3Shape A/S. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Grivner, Geoffrey) (Entered: 03/13/2020)
2020-03-13
1
CLAIM CONSTRUCTION ANSWERING BRIEF re 100 Claim Construction Opening Brief filed by Align Technology, Inc.. (Attachments: # 1 Exhibit 3, # 2 Exhibit 3A, # 3 Exhibit 3B)(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
Letter to The Honorable Jennifer L. Hall from Jeff Castellano regarding Align Technology, Inc.s technology tutorial. (Attachments: # 1.pdf version of the tutorial slides)(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Bo Esbech on April 20, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Rune Fisker on May 5, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Karl-Josef Hollenbeck on April 23, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Nikolaj Kromann Jorgensen on April 30, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Rasmus Kjaer on April 22, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Lars Christian Lund on April 27, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Christoffer Melchior on April 28, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Mikkel Ninn-Gronne on April 29, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Henrik Ojelund on May 6, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Christian Romer Rosberg on April 21, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Mike van der Poel on May 4, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE to Take Deposition of Michael Vinther on May 1, 2020 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/13/2020)
2020-03-13
1
NOTICE OF SERVICE of 1) Align Technology, Incs Notice of Deposition of 3Shape A/S Pursuant to Fed. R. Civ. P. 30(b)(6) [CONFIDENTIAL] 2) Align Technology, Inc.s First Supplemental Rule 26(a)(1) Initial Disclosures filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 03/16/2020)
2020-03-16
1
STIPULATION TO EXTEND TIME to Submit Amended Scheduling Order and Interim Status Report to March 20, 2020 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 03/16/2020)
2020-03-16
1
SO ORDERED
2020-03-17
1
No Actions
SO ORDERED, 124 Stipulation to Extend Time to Submit Amended Scheduling Order and Interim Status Report to March 20, 2020. ORDERED by Judge Jennifer L. Hall on 3/17/2020. (ceg)
2020-03-17
1
No Actions
STATEMENT Defendant Align Technology Inc.'s Comments on Plaintiff's Technology Tutorial by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 03/19/2020)
2020-03-19
1
[SEALED] NOTICE to Take Deposition of Align Technology Inc. on April 9, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
Interim STATUS REPORT by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
STATEMENT Plaintiff 3 Shape A/S's Comments on Defendants Technology Tutorial by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Leon Rasovsky on May 25, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Irit Tenenvurtsel on May 22, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Jerry Pruitt on May 14, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Noam Babayoff on May 19, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Zelko Relic on May 13, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Kerri Kling on May 12, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Joseph Hogan on May 11, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of John Morici on May 8, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Yossi Atiya on May 21, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Mikhail Minchenkov on May 18, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Avi Kopelman on May 7, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Eric Meyer on May 15, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
NOTICE to Take Deposition of Ofer Saphier on May 20, 2020 filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
STIPULATION TO EXTEND TIME Submission of Amended Scheduling Order to March 27, 2020 - filed by 3Shape A/S. (Grivner, Geoffrey) (Entered: 03/20/2020)
2020-03-20
1
MOTION for Pro Hac Vice Appearance of Attorney Rebecca Weinstein Bacon, Reid M. Bolton, Mark L. Levine, Anastasiya Maione, and John M. Hughes - filed by Align Technology, Inc.. (Shaw, John) (Entered: 03/23/2020)
2020-03-23
1
NOTICE OF SERVICE of discovery responses filed by 3Shape A/S.(Grivner, Geoffrey) (Entered: 03/23/2020)
2020-03-23
1
SO ORDERED
2020-03-25
1
No Actions
SO ORDERED, 142 Stipulation to Extend Time for Submission of Amended Scheduling Order to March 27, 2020. ORDERED by Judge Jennifer L. Hall on 3/25/2020. (ceg)
2020-03-25
1
No Actions
SO ORDERED
2020-03-26
1
No Actions
SO ORDERED, re 143 MOTION for Pro Hac Vice Appearance of Attorney Rebecca Weinstein Bacon, Reid M. Bolton, Mark L. Levine, Anastasiya Maione, and John M. Hughes filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 3/26/20. (ntl)
2020-03-26
1
No Actions
STIPULATION TO EXTEND TIME to submit an amended scheduling order and the deadline for Align to respond to 3Shapes March 9, 2020 counterclaims to April 3, 2020 and April 17, 2020 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 03/27/2020)
2020-03-27
1
Add Attorneys - PHV only
2020-03-27
1
No Actions
Pro Hac Vice Attorney Reid M. Bolton,John M. Hughes,Mark L. Levine,Anastasiya Maione,Rebecca Weinstein Bacon 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. (mal)
2020-03-27
1
No Actions
NOTICE OF SUBSTITUTION OF COUNSEL re 3Shape A/S: Entry of appearance of attorney James Harry Stone Levine. Attorney Geoffrey G. Grivner terminated. (Levine, James Harry) (Entered: 03/30/2020)
2020-03-30
1
MOTION for Pro Hac Vice Appearance of Attorney Goutam Patnaik - filed by 3Shape A/S. (Attachments: # 1 Certification of Goutam Patnaik, # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 03/30/2020)
2020-03-30
1
MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw - filed by 3Shape A/S. (Attachments: # 1 Certification of David J. Shaw, # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 03/30/2020)
2020-03-30
1
SO ORDERED
2020-03-31
1
No Actions
SO ORDERED, re 147 MOTION for Pro Hac Vice Appearance of Attorney Goutam Patnaik filed by 3Shape A/S, 148 MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 3/31/20. (ntl)
2020-03-31
1
No Actions
NOTICE OF SERVICE of 3Shape A/Ss Supplemental Specification of Accused Products and Asserted Patents filed by 3Shape A/S.(Levine, James Harry) (Entered: 04/01/2020)
2020-04-01
1
NOTICE OF SERVICE of Defendant Align Technology, Inc.s Initial Invalidity Contentions for U.S. Patent No. 10,349,042; Defendant Align Technology, Inc.s Supplemental Invalidity Contentions; 3)Defendants Identification ff Invalidity References filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 04/01/2020)
2020-04-01
1
SO ORDERED
2020-04-01
1
No Actions
SO ORDERED, 145 Stipulation to Extend Time to submit an amended scheduling order to April 3, 2020, and the deadline for Align to respond to 3Shape's March 9, 2020 counterclaims to April 17, 2020. ORDERED by Judge Jennifer L. Hall on 4/1/2020. (ceg)
2020-04-01
1
No Actions
Add Attorneys - PHV only
2020-04-02
1
No Actions
Pro Hac Vice Attorneys Goutam Patnaik and David J. Shaw for 3Shape A/S and 3Shape 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: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS(kmd)
2020-04-02
1
No Actions
Letter to The Honorable Jennifer L. Hall from Jeff Castellano - re 89 Order on Motion to Amend/Correct,. (Castellano, Jeffrey) (Entered: 04/03/2020)
2020-04-03
1
NOTICE OF SERVICE of (1) Align Technology Inc.'s Specification of Products Accused of Infringement, the Asserted Patents, and Damages Models filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 04/06/2020)
2020-04-06
1
MOTION for Pro Hac Vice Appearance of Attorney Daniel C. Taylor - filed by Align Technology, Inc.. (Shaw, John) (Entered: 04/07/2020)
2020-04-07
1
NOTICE OF SERVICE of Defendant Align Technology, Incs Objections and Responses to 3Shapes Second Requests for Production of Documents, Electronically Stored Information, and Things (Nos. 102-125) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 04/07/2020)
2020-04-07
1
SO ORDERED
2020-04-07
1
No Actions
SO ORDERED, re 153 MOTION for Pro Hac Vice Appearance of Attorney Daniel C. Taylor filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 4/7/20. (ntl)
2020-04-07
1
No Actions
Joint Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding Status Report regarding Markman Hearing scheduled for April 21, 2020 at 2:00 PM - re 99 Order,, Set/Reset Scheduling Order Deadlines,. (Levine, James Harry) (Entered: 04/08/2020)
2020-04-08
1
NOTICE of Change of Address and Firm Affiliation of Kimberly E. Coghill, Esq. by 3Shape A/S (Levine, James Harry) (Entered: 04/09/2020)
2020-04-09
1
NOTICE OF SERVICE of 1) Defendant Align Technology, Incs Objections and Responses to 3Shapes Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) and 2) Align Technology, Inc.s Responses and Objections to 3Shapes Consolidated First Set of Interrogatories (Nos. 1-6) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 04/09/2020)
2020-04-09
1
ORAL ORDER: The Court has reviewed the parties' joint letter dated April 3, 2020 (D.I. 151 ) and approves of the parties' proposal therein. IT IS HEREBY ORDERED that the parties may make the filings necessary to effectuate the dismissal and amendment of claims described in the joint letter. ORDERED by Judge Jennifer L. Hall on 4/9/2020. (ceg) (Entered: 04/09/2020)
2020-04-09
1
ORAL ORDER: (1) The Court, having reviewed the parties' April 8, 2020 letter (D.I. 155 ) regarding the Markman hearing scheduled for April 21, 2020 at 2:00 PM, HEREBY ORDERS that the hearing may be conducted via videoconference. Each side shall be allocated one hour for its presentation (i.e., the total allocation of time for the hearing will be two hours). No later than 48 hours prior to the hearing, the parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing (1) a videoconference link and/or instructions on how to join the conference; (2) a list of attendees for each side; and (3) a separate audio-only dial-in number.The videoconference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the videoconference no later than 10 minutes prior to the start of the hearing. (2) IT IS FURTHER ORDERED THAT, on or before April 16, local and lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. ORDERED by Judge Jennifer L. Hall on 4/9/2020. (ceg) (Entered: 04/09/2020)
2020-04-09
1
Order
2020-04-09
1
No Actions
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Consolidated Second Set Of Interrogatories (Nos. 7-14) To Defendant Align Technology, Inc. filed by 3Shape A/S.(Levine, James Harry) (Entered: 04/10/2020)
2020-04-10
1
MOTION for Pro Hac Vice Appearance of Attorney Alison L. McCarthy, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of Alison L. McCarthy, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/10/2020)
2020-04-10
1
MOTION for Pro Hac Vice Appearance of Attorney Gregory D. Len, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of Gregory D. Len, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/13/2020)
2020-04-13
1
SO ORDERED
2020-04-13
1
No Actions
SO ORDERED, re 161 MOTION for Pro Hac Vice Appearance of Attorney Alison L. McCarthy, Esq. filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 4/13/20. (ntl)
2020-04-13
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Tuhin Ganguly, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of Tuhin Ganguly, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/14/2020)
2020-04-14
1
SO ORDERED
2020-04-14
1
No Actions
SO ORDERED, re 162 MOTION for Pro Hac Vice Appearance of Attorney Gregory D. Len, Esq. filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 4/14/20. (ntl)
2020-04-14
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Allan M. Soobert and Grant Margeson - filed by Align Technology, Inc.. (Shaw, John) (Entered: 04/15/2020)
2020-04-15
1
MOTION for Pro Hac Vice Appearance of Attorney William D. Belanger, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of William D. Belanger, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/15/2020)
2020-04-15
1
SO ORDERED
2020-04-15
1
No Actions
SO ORDERED, re 163 MOTION for Pro Hac Vice Appearance of Attorney Tuhin Ganguly, Esq. filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 4/15/20. (ntl)
2020-04-15
1
No Actions
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding response to the Courts April 9, 2020 Oral Order concerning claim construction - re 159 Order (Levine, James Harry) Modified docket text on 4/16/2020 (ceg). (Entered: 04/16/2020)
2020-04-16
1
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding Markman tutorial - re 20 Scheduling Order,,,. (Attachments: # 1 18-886 Claim Construction Tutorial)(Levine, James Harry) (Entered: 04/17/2020)
2020-04-17
1
STIPULATION TO EXTEND TIME (and proposed order) to respond to Counterclaims to April 24, 2020 - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 04/17/2020)
2020-04-17
1
Add Attorneys - PHV only
2020-04-17
1
No Actions
SO ORDERED
2020-04-17
1
No Actions
SO ORDERED, re 164 MOTION for Pro Hac Vice Appearance of Attorney Allan M. Soobert and Grant Margeson filed by Align Technology, Inc., 165 MOTION for Pro Hac Vice Appearance of Attorney William D. Belanger, Esq. filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 4/17/20. (ntl)
2020-04-17
1
No Actions
Pro Hac Vice Attorney Tuhin Ganguly for 3Shape A/S, 3Shape Inc., 3Shape Trios 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. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS, 1:18-cv-01950-LPS(kmd)
2020-04-17
1
No Actions
Pro Hac Vice Attorneys Allan M. Soobert and Grant N. Margeson 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: 1:17-cv-01648-LPS, 1:17-cv-01649-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS(kmd)
2020-04-17
1
No Actions
Markman Hearing
2020-04-21
1
No Actions
SO ORDERED
2020-04-21
1
No Actions
Minute Entry for proceedings held before Judge Jennifer L. Hall - Telephonic Markman Hearing held on 4/21/2020. (*Court Reporter Brian Gaffigan) (ceg)
2020-04-21
1
No Actions
SO ORDERED, 168 Stipulation to Extend Time to respond to Counterclaims to April 24, 2020. ORDERED by Judge Jennifer L. Hall on 4/21/2020. (ceg)
2020-04-21
1
No Actions
Joint STIPULATION regarding severance of counterclaim patents by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 04/22/2020)
2020-04-22
1
Add Attorneys - PHV only
2020-04-23
1
No Actions
Pro Hac Vice Attorney William D. Belanger for 3Shape A/S, 3Shape Inc., 3Shape Trios 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. Associated Cases: 1:17-cv-01646-LPS et al.(kmd)
2020-04-23
1
No Actions
Pro Hac Vice Attorney Alison L. McCarthy 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. (lak)
2020-04-23
1
No Actions
Pro Hac Vice Attorney Gregory D. Len 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. (lak)
2020-04-23
1
No Actions
SO ORDERED, re 169 STIPULATION REGARDING REORGANIZATION OF ACTIONS. Signed by Judge Leonard P. Stark on 4/24/20. (ntl)
2020-04-24
1
No Actions
SO ORDERED
2020-04-24
1
No Actions
MOTION to Amend/Correct Motion for Leave to Assert Unclean Hands Defense Based on 3Shapes Prosecution Bar/Protective Order Violation - filed by Align Technology, Inc.. (Attachments: # 1 Exhibit A: Second Amended Answer, # 2 Exhibit B: Blackline of Second Amended Answer, # 3 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 04/27/2020)
2020-04-27
1
MOTION to Amend/Correct Motion for Leave to Assert Unclean Hands Defense Based on 3Shapes Prosecution Bar/Protective Order Violation - filed by Align Technology, Inc.. (Attachments: # 1 Exhibit A: Second Amended Answer, # 2 Exhibit B: Blackline of Second Amended Answer, # 3 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 04/27/2020)
2020-04-27
2
Letter to The Honorable Leonard P. Stark from Jeff Castellano regarding Motion for Leave to Assert Unclean Hands Defense Based on 3Shapes Prosecution Bar/Protective Order Violation. (Castellano, Jeffrey) (Entered: 04/27/2020)
2020-04-27
1
Official Transcript of Video Claim Construction Hearing held on April 21, 2020 before Magistrate Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. 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 5/21/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/29/2020. (bpg) (Entered: 04/30/2020)
2020-04-30
1
MOTION for Pro Hac Vice Appearance of Attorney Joseph C. Smith, Jr., Katherine L.I. Hacker, and Steven E. Derringer - filed by Align Technology, Inc.. (Shaw, John) (Entered: 05/04/2020)
2020-05-04
1
SEALED Letter to Honorable Leonard P. Stark from James Levine, Esq. regarding opposition to Defendant Align Technology, Inc.'s motion for leave to amend its First Amended Answer and Counterclaims - re 170 MOTION to Amend/Correct Motion for Leave to Assert Unclean Hands Defense Based on 3Shapes Prosecution Bar/Protective Order Violation. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Levine, James Harry) Modified on 5/5/2020 (rwc). (Entered: 05/04/2020)
2020-05-04
1
[SEALED] EXHIBIT re 174 Letter, Exhibit 1 The Honorable Leonard P. Stark by 3Shape A/S. (Levine, James Harry) (Entered: 05/04/2020)
2020-05-04
1
SO ORDERED
2020-05-05
1
No Actions
- CORRECTING ENTRY
2020-05-05
1
No Actions
SO ORDERED, re 173 MOTION for Pro Hac Vice Appearance of Attorney Joseph C. Smith, Jr., Katherine L.I. Hacker, and Steven E. Derringer filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 5/5/20. (ntl)
2020-05-05
1
No Actions
CORRECTING ENTRY: DI 174 Letter was placed under seal per request of filer. (rwc)
2020-05-05
1
No Actions
REPORT AND RECOMMENDATIONS re Claim Construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. (*Objections to R&R due by 5/20/2020). Signed by Judge Jennifer L. Hall on 5/6/2020. (ceg)
2020-05-06
1
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding reply in support of Aligns request for leave to amend its First Amended Answer and Counterclaims. (Attachments: # 1 Exhibit A)(Shaw, John) (Entered: 05/07/2020)
2020-05-07
1
Add Attorneys - PHV only
2020-05-07
1
No Actions
Pro Hac Vice Attornesy Joseph C. Smith, Jr, Katherine L.I. Hacker, Steven E. Derringer 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. (kmd)
2020-05-07
1
No Actions
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Objections And Responses To Align Technology, Inc.'s 30(B)(6) Deposition Notice filed by 3Shape A/S.(Levine, James Harry) (Entered: 05/08/2020)
2020-05-08
1
REDACTED VERSION of 174 Letter, by 3Shape A/S. (Levine, James Harry) (Entered: 05/11/2020)
2020-05-11
1
REDACTED VERSION of 175 Exhibit to a Document by 3Shape A/S. (Levine, James Harry) (Entered: 05/11/2020)
2020-05-11
1
NOTICE OF SERVICE of Align Technology, Incs Responses and Objections to 3Shapes Consolidated Second Set of Interrogatories [Nos. 7-14] filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/12/2020)
2020-05-12
1
MOTION for Pro Hac Vice Appearance of Attorney Sundeep K. (Rob) Addy - filed by Align Technology, Inc.. (Shaw, John) (Entered: 05/13/2020)
2020-05-13
1
NOTICE OF SERVICE of (1.) Notice of Deposition of Michael Sabina and (2.) Notice of Deposition of Maya Singer filed by 3Shape A/S.(Levine, James Harry) (Entered: 05/14/2020)
2020-05-14
1
SO ORDERED, re 182 MOTION for Pro Hac Vice Appearance of Attorney Sundeep K. (Rob) Addy filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 5/14/20. (ntl)
2020-05-14
1
No Actions
SO ORDERED
2020-05-14
1
No Actions
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Third Set of Requests for Production of Documents, Electronically Stored Information, and Things (Nos. 126-133) to Defendant Align Technology, Inc. filed by 3Shape A/S.(Levine, James Harry) (Entered: 05/15/2020)
2020-05-15
1
Pro Hac Vice Attorney Addy K. Sundeep 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-00886-LPS, 1:17-cv-01648-LPS(mal)
2020-05-15
1
No Actions
Add Attorneys - PHV only
2020-05-15
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney William D. Gohl - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 05/18/2020)
2020-05-18
1
SO ORDERED, re 185 MOTION for Pro Hac Vice Appearance of Attorney William D. Gohl filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 5/18/20. (ntl)
2020-05-18
1
No Actions
SO ORDERED
2020-05-18
1
No Actions
Pro Hac Vice Attorney William D. Gohl 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. (mal)
2020-05-19
1
No Actions
Add Attorneys - PHV only
2020-05-19
1
No Actions
OBJECTION to 176 Report and Recommendations of the Magistrate Judge by Align Technology, Inc.. (Shaw, John) (Entered: 05/20/2020)
2020-05-20
1
NOTICE to Take Deposition of Defendant Align Technology, Inc. pursuant to Fed. R. Civ. P. 30(B)(6) on June 17, 2020 at 9:00 a.m. filed by 3Shape A/S. (Attachments: # 1 Schedule A)(Levine, James Harry) (Entered: 05/21/2020)
2020-05-21
1
NOTICE OF SERVICE of Plaintiff's Supplemental Objections and Responses To Align Technology, Inc.'s Consolidated and Re-Numbered First Set of Interrogatories (Nos. 1-11) and Appendices A-C Thereto filed by 3Shape A/S.(Levine, James Harry) (Entered: 05/27/2020)
2020-05-27
1
RESPONSE TO OBJECTIONS by 3Shape A/S re 186 Objection to Report and Recommendations . (Levine, James Harry) (Entered: 06/02/2020)
2020-06-02
1
NOTICE OF SERVICE of (1) Align Technology, Inc.'s Second Set of Requests for Production to Plaintiff 3Shape A/S (Nos. 147-150) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 06/05/2020)
2020-06-05
1
NOTICE OF SERVICE of Notice of Deposition of Jami Krueger filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/08/2020)
2020-06-08
1
MOTION for Pro Hac Vice Appearance of Attorney Michael J. Valaik - filed by Align Technology, Inc.. (Shaw, John) (Entered: 06/11/2020)
2020-06-11
1
NOTICE to Take Deposition of (Second Supplemental Notice) Defendant Align Technology, Inc. Pursuant To Fed. R. Civ. P. 30(B)(6) on June 30, 2020 at 9:00 am filed by 3Shape A/S. (Attachments: # 1 Schedule A)(Levine, James Harry) (Entered: 06/11/2020)
2020-06-11
1
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Fourth Set Of Requests For Production Of Documents, Electronically Stored Information, And Things (Nos. 134-141) To Defendant Align Technology, Inc. filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/12/2020)
2020-06-12
1
NOTICE to Take Deposition of Mike Walsh on July 8, 2020 at 9:00 AM filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/12/2020)
2020-06-12
1
NOTICE OF SERVICE of (1) Align Technology, Inc.'s First Supplemental Responses and Objections to 3Shape's Consolidated Second Set of Interrogatories [Nos. 7-14] filed by Align Technology, Inc..(Shaw, John) (Entered: 06/15/2020)
2020-06-15
1
Add Attorneys - PHV only
2020-06-15
1
No Actions
SO ORDERED
2020-06-15
1
No Actions
Pro Hac Vice Attorney Michael J. Valaik 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: 1:17-cv-01647-LPS, 1:17-cv-01646-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS(sam)
2020-06-15
1
No Actions
SO ORDERED, re 192 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Valaik filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 6/15/20. (ntl)
2020-06-15
1
No Actions
NOTICE OF SERVICE of 1. Align Technology, Incs Second Supplemental Responses and Objections to 3Shapes Consolidated Second Set of Interrogatories [Nos. 7-14] (Highly Confidential- Attorney Eyes Only) and 2. Defendant Align Technology, Inc.s Objections and Responses to 3Shapes Third Set of Request for Production of Documents, Electronically Stored Information, and Things (Nos. 126-133) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 06/16/2020)
2020-06-16
1
NOTICE OF SERVICE of Defendant Align Technology, Incs Objections and Responses to 3Shapes Supplemental Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 06/19/2020)
2020-06-19
1
NOTICE of Change of Firm Address by Align Technology, Inc. (Shaw, John) (Entered: 06/23/2020)
2020-06-23
1
NOTICE to Take Deposition of ADI LEVIN on 07/13/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of CARINA KOPPERS on 08/07/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of EMORY WRIGHT on 08/10/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of MITRA DERAKHSHAN on 07/14/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of RAMI BOLTANSKI on 07/20/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of RAN KATZ on 07/10/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of ROB WALKER on 08/06/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of SHAI FARKASH on 07/29/2020 filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/25/2020)
2020-06-25
1
NOTICE to Take Deposition of Tal Verker on July 15, 2020 at 9:00 AM filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/26/2020)
2020-06-26
1
NOTICE to Take Deposition of Edi Fridman on July 14, 2020 at 9:00 AM filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/26/2020)
2020-06-26
1
NOTICE OF SERVICE of Defendant Align Technology, Incs First Amended Rule 26(a)(1) Initial Disclosures filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 06/26/2020)
2020-06-26
1
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Fifth Set Of Requests For Production Of Documents, Electronically Stored Information, And Things (Nos. 142-154) To Defendant Align Technology, Inc. filed by 3Shape A/S.(Levine, James Harry) (Entered: 06/29/2020)
2020-06-29
1
NOTICE of Change of Contact Information by 3Shape A/S (Levine, James Harry) (Entered: 07/01/2020)
2020-07-01
1
NOTICE to Take Deposition of (Third Supplemental Notice) Defendant Align Technology, Inc. on July 27, 2020 at 9:00 am filed by 3Shape A/S. (Attachments: # 1 Exhibit Schedule A)(Levine, James Harry) (Entered: 07/03/2020)
2020-07-03
1
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding request to schedule a Discovery Teleconference. (Levine, James Harry) (Entered: 07/03/2020)
2020-07-03
1
ORAL ORDER: Having received the parties' July 3, 2020 letter regarding discovery disputes, it is HEREBY ORDERED that the parties shall file a Motion for Teleconference to Resolve Discovery Disputes. The suggested text for this motion can be found in Magistrate Judge Hall's section of the Court's website, in the "Forms" tab. The motion shall set forth the parties' availability for a teleconference the week of July 20, 2020. ORDERED by Judge Jennifer L. Hall on 7/6/2020. Associated Cases: 1:17-cv-01646-LPS et al.(ceg) (Entered: 07/06/2020)
2020-07-06
1
ORAL ORDER: IT IS HEREBY ORDERED that: (i) trial in 17-1646 is CONTINUED and will be held beginning on November 30, 2020, with a pretrial conference on November 20, 2020 at 4:00 p.m. and the proposed pretrial order due on November 13; (ii) trial in 17-1647 is CONTINUED to a DATE TO BE DETERMINED, as are the dates in that matter for the pretrial conference and pretrial order; (iii) trial in 18-886 remains on the Court's calendar for April 2021, trial in 17-1648 remains on the Court's calendar for November 8, 2021, and trial in 18-1949 remains on the Court's calendar for February 7, 2022, but the parties must understand that any number of previously unforeseen and now unpredictable circumstances may well result in the Court being unable to devote its scarce resources to conducting five separate trials between these same parties over the next 19 months or so; (iv) the Court will hear argument, by teleconference, on the motions pending in 17-1647 (D.I. 281, 289, 291, 293, 341), on August 11 at 4:00 p.m., with each side allocated an hour for argument - the parties shall submit electronic versions of any slides/demonstratives they wish to use in their presentations no later than 4:00 p.m. on August 10, and the parties and any member of the public shall use the following call-in information: 877-336-1829 and the access code 1408971; and (v) the parties shall meet and confer and, no later than July 13, submit a joint status report in all of the above-listed cases, advising the Court of any other issues they wish in connection with how these various actions should now proceed. ORDERED by Judge Leonard P. Stark on 7/6/20. Associated Cases: 1:18-cv-00886-LPS, 1:17-cv-01648-LPS, 1:18-cv-01949-LPS (ntl) (Entered: 07/06/2020)
2020-07-06
1
Order
2020-07-06
1
No Actions
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Objections And Responses To Align Technology, Inc.'s Second Set Of Requests For Production (Nos. 147-150) filed by 3Shape A/S.(Levine, James Harry) (Entered: 07/07/2020)
2020-07-07
1
NOTICE to Take Deposition of Kristian Hansen on August 21, 2020 at 9:00 a.m. (CT) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 07/07/2020)
2020-07-07
1
NOTICE to Take Deposition of Anders Gaarde on August 26, 2020 at 9:00 a.m. (CT) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 07/07/2020)
2020-07-07
1
Joint MOTION for Discovery /JOINT MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTES - filed by 3Shape A/S, 3Shape Inc., 3Shape Manufacturing US, LLC, 3Shape Trios A/S. (Levine, James Harry) (Entered: 07/07/2020)
2020-07-07
1
NOTICE OF SERVICE of (1) Align Technology, Inc.'s Supplemental Responses and Objections to 3Shape's Consolidated First Set of Interrogatories filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 07/07/2020)
2020-07-07
1
NOTICE to Take Deposition of Esben Rosenlund on August 19, 2020 at 9 AM CT filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 07/08/2020)
2020-07-08
1
NOTICE to Take Deposition of Mads Brokner Falkenberg on August 12, 2020 at 9 AM CT filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 07/08/2020)
2020-07-08
1
SUBPOENA Returned Executed as to Heartland Dental, LLC on 07/06/2020 (Levine, James Harry) (Entered: 07/09/2020)
2020-07-09
1
ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Disputes (C.A. No. 17-1646 D.I. 476; C.A. No. 17-1647 D.I. 405; C.A. No. 17-1648 D.I. 82; C.A. No. 18-886 D.I. 220; C.A. No. 18-1949 D.I. 104). A discovery dispute teleconference is scheduled for July 22, 2020 at 11:00 AM Eastern Time before Judge Jennifer L. Hall. By no later than July 14, 2020 the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later July 17, 2020, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel for Plaintiff shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 7/10/2020. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS(ceg) (Entered: 07/10/2020)
2020-07-10
1
Order Setting Teleconference
2020-07-10
1
No Actions
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding joint status report regarding trial dates and other issues in various actions - re (404 in 1:17-cv-01647-LPS, 404 in 1:17-cv-01647-LPS) Order Setting Teleconference,,,,,,, Terminate Deadlines and Hearings,,,,,, (81 in 1:17-cv-01648-LPS, 102 in 1:18-cv-01949-LPS, 216 in 1:18-cv-00886-LPS) Order,,,,,, (477 in 1:17-cv-01646-LPS) Order Setting Teleconference,,,,, (475 in 1:17-cv-01646-LPS, 475 in 1:17-cv-01646-LPS) Order,,,,,,, Set Deadlines/Hearings,,,,,,. (Shaw, John) (Entered: 07/13/2020)
2020-07-13
1
NOTICE OF SERVICE of 1. Align Technology, Incs Third Set of Requests for Production to Plaintiff 3Shape A/S (Nos. 151-154) 2. Defendant Align Technology, Inc.s Objections and Responses to 3Shapes Fourth Set of Requests for Production of Documents, Electronically Stored Information, and Things (Nos. 134-141) 3. Defendant Align Technology, Incs Objections and Responses to 3Shapes Second Supplemental Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) 4. Align Technology, Inc.s Supplemental Notice of Deposition of 3Shape A/S Pursuant to Fed. R. Civ. P. 30(b)(6) 5. Align Technology, Inc.s Third Set of Interrogatories to 3Shape A/S (Nos. 14-19) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 07/14/2020)
2020-07-14
1
[SEALED] Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding Align Technology, Inc.'s Discovery Deficiencies. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46)(Levine, James Harry) (Entered: 07/14/2020)
2020-07-14
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding Discovery Disputes - re 225 Order Setting Teleconference,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Shaw, John) (Entered: 07/14/2020)
2020-07-14
1
MOTION for Pro Hac Vice Appearance of Attorney L. Andrew Tseng - filed by 3Shape A/S. (Attachments: # 1 Certification of L. Andrew Tseng, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 07/16/2020)
2020-07-16
1
SUBPOENA Returned Executed as to Jeannette Bostedt on July 13, 2020 (Levine, James Harry) (Entered: 07/16/2020)
2020-07-16
1
MOTION for Pro Hac Vice Appearance of Attorney Frank D. Liu, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of Frank D. Liu, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 07/16/2020)
2020-07-16
1
MOTION for Pro Hac Vice Appearance of Attorney Kara N. Czekai, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of Kara N. Czekai, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 07/17/2020)
2020-07-17
1
MOTION for Pro Hac Vice Appearance of Attorney Brittanee Petrik, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of Brittanee Petrik, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 07/17/2020)
2020-07-17
1
MOTION for Pro Hac Vice Appearance of Attorney Ryan Ellis, Esq. - filed by 3Shape A/S. (Attachments: # 1 Certification of Ryan Ellis, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 07/17/2020)
2020-07-17
1
[SEALED] Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding discovery dispute - re 229 Letter,. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit M, # 9 Exhibit N, # 10 Exhibit O, # 11 Exhibit P, # 12 Exhibit Q)(Levine, James Harry) (Entered: 07/17/2020)
2020-07-17
1
[SEALED] Letter to The Honorable Jennifer M. Hall from John W. Shaw. (Shaw, John) (Entered: 07/17/2020)
2020-07-17
1
SO ORDERED, re 230 MOTION for Pro Hac Vice Appearance of Attorney L. Andrew Tseng filed by 3Shape A/S, 232 MOTION for Pro Hac Vice Appearance of Attorney Frank D. Liu, Esq. filed by 3Shape A/S, 235 MOTION for Pro Hac Vice Appearance of Attorney Ryan Ellis, Esq. filed by 3Shape A/S, 233 MOTION for Pro Hac Vice Appearance of Attorney Kara N. Czekai, Esq. filed by 3Shape A/S, 234 MOTION for Pro Hac Vice Appearance of Attorney Brittanee Petrik, Esq. filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 7/17/20. (ntl)
2020-07-17
1
No Actions
SO ORDERED
2020-07-17
1
No Actions
REDACTED VERSION of (479 in 1:17-cv-01646-LPS, 108 in 1:18-cv-01949-LPS, 85 in 1:17-cv-01648-LPS, 228 in 1:18-cv-00886-LPS, 408 in 1:17-cv-01647-LPS) Letter,,,, / Letter to Judge Hall re Align's Discovery Deficiencies by 3Shape A/S, 3Shape Inc., 3Shape Manufacturing US, LLC, 3Shape Trios A/S. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46)(Levine, James Harry) (Entered: 07/21/2020)
2020-07-21
1
REDACTED VERSION of 229 Letter, by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/21/2020)
2020-07-21
1
REDACTED VERSION of (237 in 1:18-cv-00886-LPS, 109 in 1:18-cv-01949-LPS, 480 in 1:17-cv-01646-LPS) Letter by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 07/21/2020)
2020-07-21
1
ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the July 22, 2020 discovery dispute teleconference shall serve as the Order of the Court. ORDERED by Judge Jennifer L. Hall on 7/22/2020. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS(ceg) (Entered: 07/22/2020)
2020-07-22
1
Discovery Conference
2020-07-22
1
No Actions
Order
2020-07-22
1
No Actions
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 7/22/2020. (*Court Reporter Brian Gaffigan) Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS(ceg)
2020-07-22
1
No Actions
REDACTED VERSION of 236 Letter, /Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding discovery dispute by 3Shape A/S. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit M, # 9 Exhibit N, # 10 Exhibit O, # 11 Exhibit P, # 12 Exhibit Q)(Levine, James Harry) (Entered: 07/24/2020)
2020-07-24
1
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Sixth Set Of Requests For Production Of Documents, Electronically Stored Information, And Things (Nos. 155-156) To Defendant Align Technology, Inc. filed by 3Shape A/S.(Levine, James Harry) (Entered: 07/24/2020)
2020-07-24
1
Official Transcript of Telephone Conference held on July 22, 2020 before Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/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 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020. (bpg) (Entered: 07/24/2020)
2020-07-24
1
MOTION for Pro Hac Vice Appearance of Attorney Kristie L. Butler - filed by 3Shape A/S. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 07/24/2020)
2020-07-24
1
SO ORDERED
2020-07-27
1
No Actions
SO ORDERED, re 245 MOTION for Pro Hac Vice Appearance of Attorney Kristie L. Butler filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 7/27/20. (ntl)
2020-07-27
1
No Actions
NOTICE OF SERVICE of (1) Defendant Align Technology, Inc.'s Objections and Responses to 3Shape's Fifth Set of Requests for Production of Documents, Electronically Stored Information, and Things (Nos. 142-154) (2) Defendant Align Technology, Inc.'s Objections and Responses to 3Shape's Third Supplemental Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 07/30/2020)
2020-07-30
1
SUBPOENA Returned Executed as to Benco Dental Supply Co. on July 29, 2020 (Levine, James Harry) (Entered: 08/03/2020)
2020-08-03
1
SUBPOENA Returned Executed as to Patterson Dental Supply, Inc. on July 29, 2020 (Levine, James Harry) (Entered: 08/03/2020)
2020-08-03
1
SUBPOENA Returned Executed as to Highland Capital Corp. on July 29, 2020 (Levine, James Harry) (Entered: 08/03/2020)
2020-08-03
1
SUBPOENA Returned Executed as to Christopher Puco on July 30, 2020 (Levine, James Harry) (Entered: 08/03/2020)
2020-08-03
1
ORAL ORDER: Having reviewed the parties' letter of July 13, 2020 filed in five civil actions (17-1646, 17-1647, 17-1648, 18-1949, 18-886), IT IS HEREBY ORDERED that: (i) trial in 17-1646 will begin on November 30, 2020, as requested by Align; (ii) the Court will determine which trial will be held in April 2021 sometime after the conclusion of trial in 17-1646. Given the uncertainties created by the ongoing pandemic, and given the many other trials the Court is attempting to reschedule, the Court has determined that it is not reasonable at this time to decide what will happen in Align and 3Shape's many lawsuits until after their first trial is done. IT IS FURTHER ORDERED that the parties shall submit a joint status report by tomorrow, August 5, advising the Court of the status of their dispute as to potential supplemental briefing relating to 3Shape's motion for summary judgment of non-infringement. ORDERED by Judge Leonard P. Stark on 8/4/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS, 1:18-cv-01949-LPS (ntl) (Entered: 08/04/2020)
2020-08-04
1
Order
2020-08-05
1
No Actions
NOTICE OF SERVICE of 1. Align Technology, Incs Fourth Set of Interrogatories to 3Shape A/S (No. 20) 2. Align Technology, Inc.s First Set of Requests for Admission to 3Shape A/S (Nos. 1-10) 3. Align Technology, Incs Third Set of Requests for Production to Plaintiff 3Shape A/S (Nos. 155-171) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 08/06/2020)
2020-08-06
1
NOTICE OF SERVICE of (1) PLAINTIFF 3SHAPE A/S'S SEVENTH SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS (NOS. 157-159) TO DEFENDANT ALIGN TECHNOLOGY, INC.; (2) PLAINTIFF 3SHAPE A/S'S CONSOLIDATED THIRD SET OF INTERROGATORIES (NOS. 15-25) TO DEFENDANT ALIGN TECHNOLOGY, INC.; and (3) PLAINTIFF 3SHAPE A/S'S FIRST SET OF REQUESTS FOR ADMISSION TO DEFENDANT ALIGN TECHNOLOGY, INC. (NOS. 1-20) filed by 3Shape A/S.(Levine, James Harry) (Entered: 08/06/2020)
2020-08-06
1
NOTICE to Take Deposition of Lisa Barry on August 14, 2020 at 9:00 AM filed by 3Shape A/S.(Levine, James Harry) (Entered: 08/10/2020)
2020-08-10
1
NOTICE to Take Deposition of Stefan Wiechers on September 2, 2020 at 9:00 AM filed by 3Shape A/S.(Levine, James Harry) (Entered: 08/10/2020)
2020-08-10
1
NOTICE OF SERVICE of PLAINTIFF'S SECOND SUPPLEMENTAL OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S CONSOLIDATED AND RE-NUMBERED FIRST SET OF INTERROGATORIES (NOS. 1-11) filed by 3Shape A/S.(Levine, James Harry) (Entered: 08/10/2020)
2020-08-10
1
NOTICE OF SERVICE of 3SHAPE A/S'S SUPPLEMENTAL INFRINGEMENT CONTENTION filed by 3Shape A/S.(Levine, James Harry) (Entered: 08/10/2020)
2020-08-10
1
NOTICE of Subpoenas directed to Buchanan Ingersoll & Rooney PC by Align Technology, Inc. (Shaw, John) (Entered: 08/12/2020)
2020-08-12
1
NOTICE OF SERVICE of (1) PLAINTIFF 3SHAPE A/S'S OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S THIRD SET OF REQUESTS FOR PRODUCTION (NOS. 151-154 ); (2) PLAINTIFF 3SHAPE A/S'S OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S THIRD SET OF INTERROGATORIES (NOS. 14-19); and (3) OBJECTIONS AND RESPONSES FROM PLAINTIFF 3SHAPE A/S TO ALIGN TECHNOLOGY, INC.'S SUPPLEMENTAL 30(B)(6) DEPOSITION NOTICE filed by 3Shape A/S.(Levine, James Harry) (Entered: 08/13/2020)
2020-08-13
1
NOTICE to Take Deposition of Andreas Larsen on August 18, 2020 filed by Align Technology, Inc..(Shaw, John) (Entered: 08/13/2020)
2020-08-13
1
NOTICE to Take Deposition of Tomas Schioenning on August 28, 2020 filed by Align Technology, Inc..(Shaw, John) (Entered: 08/13/2020)
2020-08-13
1
NOTICE of Subpoenas directed to FullContour, LLC by Align Technology, Inc. (Shaw, John) (Entered: 08/17/2020)
2020-08-17
1
NOTICE of Subpoenas directed to 3M Company and Dentsply Sirona Inc. by Align Technology, Inc. (Shaw, John) (Entered: 08/20/2020)
2020-08-20
1
NOTICE of Depositions by Align Technology, Inc. (Shaw, John) (Entered: 08/20/2020)
2020-08-20
1
NOTICE of Subpoenas directed to E4D Technologies by Align Technology, Inc. (Shaw, John) (Entered: 08/21/2020)
2020-08-21
1
NOTICE to Take Deposition of (Fourth Supplemental Notice) Defendant Align Technology, Inc. Pursuant To Fed. R. Civ. P. 30(B)(6) on September 1, 2020 at 9:00 am filed by 3Shape A/S.(Levine, James Harry) (Entered: 08/21/2020)
2020-08-21
1
Letter to The Honorable Jennifer L. Hall from James H.S. Levine regarding Joint Status Report. (Levine, James Harry) (Entered: 08/21/2020)
2020-08-21
1
NOTICE OF SERVICE of 1. Defendant Align Technology, Inc.s Objections and Responses to 3Shapes Sixth Set of Requests for the Production of Documents, Electronically Stored Information, and Things (Nos. 155-156) 2. Defendant Align Technology, Inc.s Invalidity Contentions for U.S. Patent No. 9,629,551 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 08/25/2020)
2020-08-25
1
Letter/MOTION to The Honorable Jennifer L. Hall from John W. Shaw. (Shaw, John) Modified event type to Motion and corrected docket text on 8/27/2020 (ceg). (Entered: 08/26/2020)
2020-08-26
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' Motion for Teleconference to Resolve Discovery Disputes (D.I. 269 ). A discovery dispute teleconference is scheduled for September 4, 2020 at 3:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than August 31, 2020 the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later September 2, 2020, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 8/27/2020. (ceg) (Entered: 08/27/2020)
2020-08-27
1
SUBPOENA Returned Executed as to Mike Walsh on 8/25/2020 (Levine, James Harry) (Entered: 08/27/2020)
2020-08-27
1
NOTICE of Subpoenas directed to E4D Technologies LLC by Align Technology, Inc. (Shaw, John) (Entered: 08/27/2020)
2020-08-27
1
Order Setting Teleconference
2020-08-27
1
No Actions
NOTICE of Subpoenas directed to MidMark Corporation by Align Technology, Inc. (Shaw, John) (Entered: 08/31/2020)
2020-08-31
1
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding production of all iTero Element-related sales contracts with SmileDirectClub, Inc. - re 269 . (Levine, James Harry) (Entered: 08/31/2020)
2020-08-31
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Shaw, John) (Entered: 08/31/2020)
2020-08-31
1
NOTICE to Take Deposition of Carina Morik on September 4, 2020 at 8:00 AM filed by 3Shape A/S.(Levine, James Harry) (Entered: 09/01/2020)
2020-09-01
1
STIPULATION AND REPORT ON SCHEDULING re 20 Scheduling Order,,, by 3Shape A/S. (Levine, James Harry) (Entered: 09/01/2020)
2020-09-01
1
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding opposition to Defendant Align Technology, Inc.'s request to extend the deadline for fact discovery - re 275 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9)(Levine, James Harry) (Entered: 09/02/2020)
2020-09-02
1
[SEALED] EXHIBIT re 278 Letter, / Exhibit 6 and Exhibit 10 to 3Shape A/S's Letter to The Honorable Jennifer L. Hall regarding opposition to Defendant Align Technology, Inc.'s request to extend the deadline for fact discovery by 3Shape A/S. (Attachments: # 1 Exhibit 10)(Levine, James Harry) (Entered: 09/02/2020)
2020-09-02
1
NOTICE OF SERVICE of (1) Plaintiff 3Shape A/S's First Supplemental Objections And Responses To Align Technology, Inc.'s Third Set Of Interrogatories (Nos. 14-19); (2) Plaintiff 3Shape A/S's First Supplemental Objections And Responses To Align Technology, Inc.'s Third Set Of Requests For Production (Nos. 151-154); and (3) First Supplemental Objections And Responses From Plaintiff 3Shape A/S To Align Technology, Inc.'s Supplemental 30(B)(6) Deposition Notice filed by 3Shape A/S.(Levine, James Harry) (Entered: 09/02/2020)
2020-09-02
1
MOTION for Pro Hac Vice Appearance of Attorney Meg F. Fasulo and Jason C. Murray - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/03/2020)
2020-09-03
1
ORAL ORDER: Having reviewed the parties' Stipulation and Report on Scheduling (D.I. 277 ) and the parties' joint status letter regarding source code review (D.I. 267 ), it is HEREBY ORDERED that the parties shall be prepared to discuss any issues raised in either of these submissions during the discovery dispute teleconference scheduled for Friday, September 4, 2020 at 3:00 P.M. ORDERED by Judge Jennifer L. Hall on 9/3/2020. (ceg) (Entered: 09/03/2020)
2020-09-03
1
Oral Order
2020-09-03
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the September 4, 2020 discovery dispute teleconference shall serve as the Order of the Court. ORDERED by Judge Jennifer L. Hall on 9/4/2020. (ceg) (Entered: 09/04/2020)
2020-09-04
1
Order
2020-09-04
1
No Actions
SO ORDERED
2020-09-04
1
No Actions
SO ORDERED, re (99 in 1:17-cv-01648-LPS, 421 in 1:17-cv-01647-LPS, 281 in 1:18-cv-00886-LPS, 495 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Meg F. Fasulo and Jason C. Murray filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/4/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS (ntl)
2020-09-04
1
No Actions
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 9/4/2020. (*Court Reporter Valerie Gunning.) (ceg)
2020-09-04
1
No Actions
Discovery Conference
2020-09-04
1
No Actions
NOTICE OF SERVICE of (1) Align Technology, Inc.'s Responses and Objections to 3Shape's First Set of Requests for Admission (Nos. 1-21) (2) Align Technology, Inc.'s Responses and Objections to 3Shape's Consolidated Third Set of Interrogatories (Nos. 15-25) (3) Defendant Align Technology, Inc.'s Objections and Responses to 3Shape's Seventh Set of Requests for Production of Documents, Electronically Stored Information, and Things (Nos. 157-165) (4) Align Technology, Inc.'s Third Supplemental Responses and Objections to 3Shape's Consolidated Second Set of Interrogatories (Nos. 7-14) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/08/2020)
2020-09-08
1
NOTICE OF SERVICE of Plaintiff 3Shape A/S's Amended Initial Disclosures filed by 3Shape A/S.(Levine, James Harry) (Entered: 09/09/2020)
2020-09-09
1
NOTICE OF SERVICE of (1) PLAINTIFF'S FIRST SUPPLEMENTAL OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S SECOND SET OF INTERROGATORIES (NOS. 12-13); (2) PLAINTIFF'S THIRD SUPPLEMENTAL OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S CONSOLIDATED AND RE-NUMBERED FIRST SET OF INTERROGATORIES (NOS. 1-11);(3) 3SHAPE A/S'S OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S FIRST SET OF REQUESTS FOR ADMISSION (NOS. 1-10); (4) 3SHAPE A/S'S OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S FOURTH SET OF REQUESTS FOR PRODUCTION (NOS. 155-171);(5) 3SHAPE A/S'S OBJECTIONS AND RESPONSES TO ALIGN TECHNOLOGY, INC.'S FOURTH SET OF INTERROGATORIES (NO. 20); and (6) 3SHAPE A/S'S SECOND SUPPLEMENTAL INFRINGEMENT CONTENTIONS filed by 3Shape A/S.(Levine, James Harry) (Entered: 09/09/2020)
2020-09-09
1
SO ORDERED, re 277 STIPULATION AND REPORT ON SCHEDULING -- Dispositive Motions due by 12/22/2020. A Status Conference is set for 1/25/2021 at 9:00 AM before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 9/8/20. (ntl) (Entered: 09/09/2020)
2020-09-09
1
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding Case Schedule - re 287 SO ORDERED, Set Deadlines/Hearings. (Levine, James Harry) (Entered: 09/14/2020)
2020-09-14
1
MOTION for Pro Hac Vice Appearance of Attorney Amy Gore - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/15/2020)
2020-09-15
1
NOTICE requesting Clerk to remove Kara N. Czekai as co-counsel. Reason for request: She will no longer be affiliated with the firm effective September 21, 2020. (Levine, James Harry) (Entered: 09/16/2020)
2020-09-16
1
NOTICE of Subpoenas directed to Contact Discovery Services, LLC by Align Technology, Inc. (Shaw, John) (Entered: 09/16/2020)
2020-09-16
1
SO ORDERED, re 289 MOTION for Pro Hac Vice Appearance of Attorney Amy Gore filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/16/20. (ntl)
2020-09-16
1
No Actions
Pro Hac Vice Attorney Amy Gore 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. (kmd)
2020-09-16
1
No Actions
Add Attorneys - PHV only
2020-09-16
1
No Actions
SO ORDERED
2020-09-16
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Faye E. Paul - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/18/2020)
2020-09-18
1
NOTICE OF SERVICE of (1) Align Technology, Inc.'s Second Supplemental Responses and Objections to 3Shape's Consolidated First Set of Interrogatories filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 09/18/2020)
2020-09-18
1
SO ORDERED, re (102 in 1:17-cv-01648-LPS) (498 in 1:17-cv-01646-LPS) (292 in 1:18-cv-00886-LPS) (423 in 1:17-cv-01647-LPS) MOTION for Pro Hac Vice Appearance of Attorney Faye E. Paul filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 9/21/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS (ntl)
2020-09-21
1
No Actions
SO ORDERED
2020-09-21
1
No Actions
NOTICE OF SERVICE of (1) Third Supplemental Infringement Contentions; and (2) 3Shape's Fourth Supplemental Objections and Responses to Align's First Set of Consolidated Interrogatories (Nos. 1-11) filed by 3Shape A/S.(Levine, James Harry) (Entered: 09/22/2020)
2020-09-22
1
Pro Hac Vice Attorney Faye E. Paul 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: 1:17-cv-01647-LPS, 1:17-cv-01646-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS(kmd)
2020-09-22
1
No Actions
Add Attorneys - PHV only
2020-09-22
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Benjamin R. Montague - filed by Align Technology, Inc.. (Shaw, John) (Entered: 09/29/2020)
2020-09-29
1
STIPULATION of Dismissal / Joint Stipulation of Partial Dismissal by 3Shape A/S. (Levine, James Harry) (Entered: 10/01/2020)
2020-10-01
1
SO ORDERED, re (105 in 1:17-cv-01648-LPS, 295 in 1:18-cv-00886-LPS, 424 in 1:17-cv-01647-LPS, 500 in 1:17-cv-01646-LPS) MOTION for Pro Hac Vice Appearance of Attorney Benjamin R. Montague filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 10/1/20. Associated Cases: 1:17-cv-01646-LPS, 1:17-cv-01647-LPS, 1:17-cv-01648-LPS, 1:18-cv-00886-LPS (ntl)
2020-10-01
1
No Actions
SO ORDERED
2020-10-01
1
No Actions
SO ORDERED, re 296 Stipulation of Partial Dismissal re '244 patent filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 10/5/20. (ntl)
2020-10-07
1
No Actions
SO ORDERED
2020-10-07
1
No Actions
Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by 3Shape A/S. (Levine, James Harry) Modified docket text on 10/9/2020 (ceg). (Entered: 10/08/2020)
2020-10-08
1
ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Disputes (D.I. 297 ). A discovery dispute teleconference is scheduled for October 20, 2020 at 2:00 p.m. Eastern Time before Judge Jennifer L. Hall. By no later than October 15, 2020, at 12:00 p.m. Eastern Time, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than October 16, 2020, at 6:00 p.m. Eastern Time, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 10/13/2020. (ceg) (Entered: 10/13/2020)
2020-10-13
1
Order Setting Teleconference
2020-10-13
1
No Actions
[SEALED] Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding Discovery Dispute - re 298 Order Setting Teleconference,,,,. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 16, # 10 Exhibit 17)(Levine, James Harry) (Entered: 10/15/2020)
2020-10-15
1
EXHIBIT re 299 Letter, /Exhibits 1, 10, 11, 12, 13, 14, and 15 to 3Shape A/S's Letter to The Honorable Jennifer L. Hall by 3Shape A/S. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14, # 6 Exhibit 15)(Levine, James Harry) (Entered: 10/15/2020)
2020-10-15
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw - re 299 Letter,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Shaw, John) (Entered: 10/16/2020)
2020-10-16
1
REDACTED VERSION of 299 Letter, by 3Shape A/S. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 16, # 10 Exhibit 17)(Levine, James Harry) (Entered: 10/20/2020)
2020-10-20
1
ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the October 20, 2020 discovery dispute teleconference shall serve as the Order of the Court. ORDERED by Judge Jennifer L. Hall on 10/20/2020. (ceg) (Entered: 10/20/2020)
2020-10-20
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 10/20/2020. (*Court Reporter Ellie Corbett.) (ceg)
2020-10-20
1
No Actions
Discovery Conference
2020-10-20
1
No Actions
Order
2020-10-20
1
No Actions
NOTICE OF SERVICE of Align Technology, Inc.'s Fourth Supplemental Responses and Objections to 3Shape's Consolidated Second Set of Interrogatories (Nos. 7-14) filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 10/21/2020)
2020-10-21
1
REDACTED VERSION of 301 Letter by Align Technology, Inc.. (Shaw, John) (Entered: 10/23/2020)
2020-10-23
1
Official Transcript of Telephone Conference held on October 20, 2020 before Judge Jennifer L. Hall. Court Reporter Ellie Corbett, email: ecorbett@veritext.com. Transcript may be viewed at the court public terminal or ordered/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 11/17/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/25/2021. (bpg) (Entered: 10/27/2020)
2020-10-27
1
STIPULATION of Invalidity Contentions by Align Technology, Inc.. (Shaw, John) (Entered: 11/13/2020)
2020-11-13
1
ORAL ORDER: Having reviewed the parties' joint status report of October 16, 2020 (C.A. No. 17-1646 D.I. 505), IT IS HEREBY ORDERED that: (i) the jury trial in the 1646 action initiated by Align will begin on April 12, 2021; (ii) a bench trial on the equitable defenses raised by 3Shape in the 1646 action will also be held in April 2021, concurrent with or immediately after the conclusion of the jury trial; (iii) the next trial to be held in this District between these parties will be in the 886 action initiated by 3Shape; (iv) trials in all the other actions between these parties pending in this District will be CONTINUED to dates to be determined after completion of the trials in the 1646 action; and (v) the parties shall meet and confer and, no later than November 20, 2020, submit proposed orders in all of the actions in which this order is being docketed to effectuate today's rulings (e.g., orders setting/resetting/vacating dates and deadlines). The Court's determinations reflect its findings as to the most reasonable and appropriate manner of proceeding considering the totality of circumstances, including: Align has initiated seven separate patent infringement actions in this District against 3Shape, while 3Shape has responded with its own patent infringement and antitrust actions, and the Court believes that all things considered it should try the first of Align's actions followed by the first of 3Shape's actions before deciding how and when to try the remaining actions; the relative progress of each of the parties' cases; that the parties are competitors and are also litigating in other fora (including W.D. Texas, ITC, and PTAB); and the Court's highly constrained resources (especially with respect to its ability to conduct jury trials), particularly during the pandemic. The Court agrees with Align that it would not be prudent "to burden the jury [in the 1646 action] with an additional, unnecessary decision" by requiring an advisory jury verdict on equitable issues. (C.A. No. 17-1646 D.I. 505 at 2) (internal quotation marks omitted) ORDERED by Judge Leonard P. Stark on 11/13/20. Associated Cases: 1:17-cv-01646-LPS et al. (ntl) (Entered: 11/13/2020)
2020-11-13
1
Order
2020-11-13
1
No Actions
NOTICE OF SERVICE of (1) Expert Rebuttal Reply of Gregory K. Leonard, Ph.D. (2) Expert Reply Report of Bruce Smith Regarding Invalidity of U.S. Patent No. 10,349,042 filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 11/17/2020)
2020-11-17
1
NOTICE OF SERVICE of Reply Expert Report of Dr. James Zavislan; and Reply Expert Report of Philip Green filed by 3Shape A/S.(Levine, James Harry) (Entered: 11/17/2020)
2020-11-17
1
Joint PROPOSED ORDER ([Proposed] Scheduling Order) by Align Technology, Inc.. (Attachments: # 1 Letter to The Honorable Leonard P. Stark from Jeff Castellano)(Castellano, Jeffrey) (Entered: 11/20/2020)
2020-11-20
1
STIPULATION Joint Authenticity And Business Records Stipulation Regarding Specific Align Documents by 3Shape A/S. (Levine, James Harry) (Entered: 11/24/2020)
2020-11-24
1
Joint STIPULATION Regarding Source Code by 3Shape A/S. (Levine, James Harry) (Entered: 11/24/2020)
2020-11-24
1
SCHEDULING ORDER: IT IS HEREBY ORDERED that the 3/26/21 PTC and the 4/12/21 jury trial are VACATED; A new trial date will be determined after the trials in the 17-1646 action; Dispositive Motions due by 1/12/2021. Signed by Judge Leonard P. Stark on 11/23/20. (ntl) (Entered: 11/24/2020)
2020-11-24
1
SO ORDERED, re 312 STIPULATION Joint Authenticity And Business Records Stipulation Regarding Specific Align Documents filed by 3Shape A/S, 313 Joint STIPULATION Regarding Source Code filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 11/25/20. (ntl)
2020-11-25
1
No Actions
SO ORDERED
2020-11-25
1
No Actions
NOTICE requesting Clerk to remove Elizabeth Bernard as co-counsel.. (Castellano, Jeffrey) (Entered: 11/30/2020)
2020-11-30
1
MOTION to Strike / PLAINTIFF 3SHAPE A/S'S MOTION TO STRIKE - filed by 3Shape A/S. (Levine, James Harry) (Entered: 12/15/2020)
2020-12-15
1
[SEALED] Letter OPENING BRIEF in Support re 316 MOTION to Strike / PLAINTIFF 3SHAPE A/S'S MOTION TO STRIKE / Letter to the Honorable Jennifer L. Hall regarding Plaintiff 3Shape A/S's Motion to Strike filed by 3Shape A/S.Answering Brief/Response due date per Local Rules is 12/29/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K)(Levine, James Harry) (Entered: 12/15/2020)
2020-12-15
1
EXHIBIT re 317 Opening Brief in Support,, / Exhibts C and D to the Letter Brief to the Honorable Jennifer L. Hall regarding Plaintiff 3Shape A/S's Motion to Strike by 3Shape A/S. (Attachments: # 1 Exhibit D)(Levine, James Harry) (Entered: 12/15/2020)
2020-12-15
1
Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Request for Teleconference on Align Technology, Inc.'s Motion for Leave to File a First Amended Answer, Affirmative Defenses and Counterclaims (D.I. 170) - re 170 MOTION to Amend/Correct Motion for Leave to Assert Unclean Hands Defense Based on 3Shapes Prosecution Bar/Protective Order Violation. (Shaw, John) (Entered: 12/16/2020)
2020-12-16
1
[SEALED] Letter to The Honorable Leonard P. Stark from John W. Shaw - re 316 MOTION to Strike / PLAINTIFF 3SHAPE A/S'S MOTION TO STRIKE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Shaw, John) (Entered: 12/22/2020)
2020-12-22
1
REDACTED VERSION of 317 Opening Brief in Support,, / Letter to the Honorable Jennifer L. Hall regarding Plaintiff 3Shape A/S's Motion to Strike by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K)(Levine, James Harry) (Entered: 12/22/2020)
2020-12-22
1
ORAL ORDER: IT IS HEREBY ORDERED that the motion to strike (D.I. 316) is DENIED WITHOUT PREJUDICE to renew pursuant to Judge Hall's procedures. IT IS FURTHER ORDERED that any renewed motion to strike presenting substantially the same issue as D.I. 316 is REFERRED to Judge Hall. ORDERED by Judge Leonard P. Stark on 12/23/20. (ntl) (Entered: 12/23/2020)
2020-12-23
1
Order
2020-12-23
1
No Actions
MEMORANDUM ORDER adopting 176 REPORT AND RECOMMENDATIONS re Claim Construction. Signed by Judge Leonard P. Stark on 12/28/2020. (etg)
2020-12-28
1
ORAL ORDER: Having reviewed the parties' letter briefs (D.I. 171, 174, 177) relating to Align's motion to amend to add substantive allegations to its affirmative defense of unclean hands, IT IS HEREBY ORDERED that Align's motion (D.I. 170) is GRANTED and Align's related request for an extension of the discovery deadline as to its unclean hands defense (D.I. 275) is also GRANTED. Align is permitted to amend its complaint to add allegations that "one or more attorneys for 3Shape subject to the Court's Protective Orders participated in lawsuit(s) between Align and 3Shape in this Court and had access to Align's confidential information while simultaneously preparing the '042 patent application and prosecuting the patent application in front of the Patent Office." (D.I. 170-1 at 40) While it may be unlikely that Align will ultimately prove that any attorney's conduct was "shocking" or "offensive" in a manner that may be necessary to justify the remedy of rendering a patent unenforceable, see generally Honeywell Intern., Inc. v. Universal Avionics Sys. Corp., 343 F. Supp. 2d 272, 321 (D. Del. 2004), Align has adequately alleged that one specific attorney violated the terms of the protective order by subscribing to it and having access to Align's confidential information, and Align may be able to prove it was substantially harmed as a result. (See, e.g., D.I. 34 at § 7.1.3 (setting out prosecution bar applying to any attorney "who has subscribed to the Stipulated Protective Order on behalf of any party in this litigation or has otherwise accessed technical material designated by another party as "[Confidential]"); D.I. 177 at 2 (setting out evidence that the attorney may have been emailed certain Align confidential information)) In short, the Court does not find that the claim is futile. Nor is it untimely. The Court is not persuaded that Align failed to act diligently, as it moved quickly upon learning of the attorney's simultaneous roles in litigation in this Court and in prosecution of what became the '042 patent. Prior to that attorney's withdrawal from the instant litigation (and shortly thereafter the withdrawal of his entire firm), it appears that Align was reasonably relying on the obligations the attorney undertook when subscribing to the protective order. 3Shape will not be unfairly prejudiced by having to provide discovery on these matters or by any impact doing so may have on the overall schedule (particularly as the schedule was entered before the '042 patent even issued and because the trial date was recently vacated). IT IS FURTHER ORDERED that the parties shall meet and confer and, no later than January 19, 2021, submit a proposed order to impose whatever dates and deadlines are required as a result of todays order. Ordered by Judge Leonard P. Stark on 12/28/2020. (etg) (Entered: 12/28/2020)
2020-12-28
1
Oral Order
2020-12-28
1
No Actions
REDACTED VERSION of 320 Letter, by Align Technology, Inc.. (Hoeschen, Nathan) (Entered: 12/29/2020)
2020-12-29
1
AMENDED ANSWER to 44 Amended Complaint,, COUNTERCLAIM and Affirmative Defenses (Second Amended Answer) against 3Shape A/S by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 12/29/2020)
2020-12-29
1
MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTES - filed by 3Shape A/S. (Levine, James Harry) (Entered: 12/29/2020)
2020-12-29
1
ORAL ORDER Setting Teleconference: The Court has reviewed the Parties' Motion for Teleconference to Resolve Discovery Disputes (D.I. 327 ). A discovery dispute teleconference is scheduled for January 11, 2021 at 03:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than January 5, 2021 the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than January 7, 2021 any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 12/30/2020. (ceg) (Entered: 12/30/2020)
2020-12-30
1
ORAL ORDER: In light of the modifications to the scheduling order (see, e.g., D.I. 287, 308, 314), IT IS HEREBY ORDERED that the status conference scheduled for January 25, 2021 and the motions hearing scheduled for January 26, 2021 are CANCELLED. ORDERED by Judge Leonard P. Stark on 12/30/20. (ntl) (Entered: 12/30/2020)
2020-12-30
1
Order Setting Teleconference
2020-12-30
1
No Actions
Order Cancelling Deadline
2020-12-30
1
No Actions
Joint Letter to The Honorable Leonard P. Stark from John W. Shaw regarding Proposed Scheduling Order. (Shaw, John) (Entered: 01/05/2021)
2021-01-05
1
[SEALED] Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding 3Shape A/S' Motion to Strike. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Levine, James Harry) (Entered: 01/05/2021)
2021-01-05
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding Response to Plaintiff's Motion to Strike. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Shaw, John) (Entered: 01/07/2021)
2021-01-07
1
ORAL ORDER: Having reviewed Plaintiff 3Shape's motion for teleconference to resolve discovery disputes (D.I. 327 ), the associated letter briefing (D.I. 331; D.I. 332), and the over 1000 pages of exhibits, it is HEREBY ORDERED that 3Shape's requests to preclude Align's use of two documents at trial and to strike two paragraphs of Dr. Singh's expert report are DENIED. The Pennypack factors do not support the relief 3Shape seeks. First, having considered the entire record before the Court, I find that that any prejudice to 3Shape is minimal, particularly since the disputed disclosures did not alter or present any new theories of invalidity. Second, no trial date has been set, and any potential prejudice can be cured. Third, I cannot find on this record that Align strategically withheld any information or acted in bad faith. The version control repository and corresponding paragraphs of Dr. Singh's reply expert report were disclosed in response to 3Shape's rebuttal expert report, which stated that the "proper way to determine when a change was made to a source code file is to consult the source code version control repository." Align has offered to not introduce those materials in its invalidity case unless 3Shape opens the door at trial, suggesting that Align did not strategically withhold information that it intended to rely on to support its invalidity case. Fourth, the disputed disclosures are important to rebut accusations of authenticity or tampering. IT IS FURTHER ORDERED that 3Shape may avail itself of the relief proposed in Align's letter, namely, it may submit a sur-reply from Dr. Delp, take a deposition of Dr. Levin, and/or hold Align to its offer not to use certain disclosures unless 3Shape "opens the door." The discovery dispute teleconference scheduled for January 11, 2021 is CANCELLED. ORDERED by Judge Jennifer L. Hall on 1/9/2021. (ceg) (Entered: 01/09/2021)
2021-01-09
1
Order
2021-01-09
1
No Actions
MOTION for Teleconference to Resolve Discovery Disputes with Third-Parties Buchanan, Ingersoll and Rooney Pc and David Leibovitch - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/11/2021)
2021-01-11
1
MOTION for Teleconference to Resolve Discovery Disputes - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/11/2021)
2021-01-11
1
ORAL ORDER: Having reviewed the letter filed by the parties (D.I. 330), IT IS HEREBY ORDERED that the Court agrees with and adopts Align's proposed schedule. Circumstances have changed since the time Judge Hall set a 30-day limit for unclean hands discovery. The Court does not believe that any ruling relating to unclean hands has or will delay the trial in this case, for reasons including that it is presently entirely unclear when the Court will be able to try this case. It will also be most efficient for the Court to receive and review any case-dispositive and Daubert briefs at the same time, leading to a single hearing on all such motions. ORDERED by Judge Leonard P. Stark on 1/12/21. (ntl) (Entered: 01/12/2021)
2021-01-12
1
REDACTED VERSION of 331 Letter, /Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding 3Shape A/S' Motion to Strike by 3Shape A/S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Levine, James Harry) (Entered: 01/12/2021)
2021-01-12
1
Order
2021-01-12
1
No Actions
REDACTED VERSION of 332 Letter, by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 01/14/2021)
2021-01-14
1
NOTICE requesting Clerk to remove Grant Margeson as co-counsel.. (Castellano, Jeffrey) (Entered: 01/15/2021)
2021-01-15
1
ORAL ORDER Setting Teleconference: The Court has reviewed the Motions for Teleconference to Resolve Discovery Disputes (D.I. 334, D.I. 335 ). A discovery dispute teleconference is scheduled for February 12, 2021 at 4:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than February 1, 2021, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than February 8, 2021, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 1/20/2021. (ceg) (Entered: 01/20/2021)
2021-01-20
1
Order Setting Teleconference
2021-01-20
1
No Actions
MOTION to Stay Pending Inter Partes Review - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 01/21/2021)
2021-01-21
1
MOTION to Stay Pending Inter Partes Review - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeffrey) (Entered: 01/21/2021)
2021-01-21
2
OPENING BRIEF in Support re 341 MOTION to Stay Pending Inter Partes Review filed by Align Technology, Inc..Answering Brief/Response due date per Local Rules is 2/4/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Castellano, Jeffrey) (Entered: 01/21/2021)
2021-01-21
1
Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding request for oral argument - re 341 MOTION to Stay Pending Inter Partes Review. (Shaw, John) (Entered: 01/22/2021)
2021-01-22
1
[SEALED] OBJECTIONS by 3Shape A/S to 333 Order,,,,,,, / PLAINTIFF 3SHAPE A/S'S OBJECTIONS TO MAGISTRATE JUDGE'S ORDER (D.I. 333) PURSUANT TO RULE 72. (Attachments: # 1 Exhibit N)(Levine, James Harry) (Entered: 01/25/2021)
2021-01-25
1
ORAL ORDER Setting Hearing on Motion: A hearing on the pending Motion to Stay Pending Inter Partes Review (D.I. 341 ) is scheduled for Friday, February 26, 2021 at 3:00 PM via video conference before Judge Jennifer L. Hall. Each side will be allocated 10 minutes for argument. The parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing the following information regarding oral argument on or before February 23, 2021: (1) a video conference link with instructions on how to join the conference; (2) a separate audio-only dial-in; and (3) a list of attendees for each party, specifying who will be presenting argument. Any video conference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Slide presentations or demonstratives may be presented by the parties on the video conference screen or referred to by the parties at the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the video conference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 1/29/2021. (ceg) (Entered: 01/29/2021)
2021-01-29
1
Order Setting Hearing on Motion
2021-01-29
1
No Actions
MEMORANDUM ORDER adopting 333 ORAL ORDER. Signed by Judge Leonard P. Stark on 2/1/2021. (etg)
2021-02-01
1
REDACTED VERSION of 344 Objections / PLAINTIFF 3SHAPE A/S'S OBJECTIONS TO MAGISTRATE JUDGE'S ORDER (D.I. 333) PURSUANT TO RULE 72 by 3Shape A/S. (Attachments: # 1 Exhibit N)(Levine, James Harry) (Entered: 02/01/2021)
2021-02-01
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding Discovery Dispute with Third-Parties Buchanan, Ingersoll and Rooney PC and David Leibovitch. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Shaw, John) (Entered: 02/01/2021)
2021-02-01
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Shaw, John) (Entered: 02/01/2021)
2021-02-01
1
ANSWERING BRIEF in Opposition re 341 MOTION to Stay Pending Inter Partes Review filed by 3Shape A/S.Reply Brief due date per Local Rules is 2/11/2021. (Levine, James Harry) (Entered: 02/04/2021)
2021-02-04
1
[SEALED] EXHIBIT re 350 Answering Brief in Opposition / Exhibits 1 - 2 to Plaintiff 3Shape A/S's Opposition To Defendant Align Technology, Inc.'s Motion To Stay Pending Inter Partes Review by 3Shape A/S. (Attachments: # 1 Exhibit 2)(Levine, James Harry) (Entered: 02/04/2021)
2021-02-04
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Steven P. Wood, Esq. regarding Responsive Letter - re 348 Letter,. (Attachments: # 1 Exhibit A-E, # 2 Certificate of Service)(Wood, Steven) (Entered: 02/08/2021)
2021-02-08
1
[SEALED] Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding motion to compel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Levine, James Harry) (Entered: 02/08/2021)
2021-02-08
1
EXHIBIT re 353 Letter, / Exhibit 9 to letter to the Honorable Jennifer L. Hall from James Levine by 3Shape A/S. (Levine, James Harry) (Entered: 02/08/2021)
2021-02-08
1
REDACTED VERSION of 348 Letter, by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/08/2021)
2021-02-08
1
REDACTED VERSION of 349 Letter by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/08/2021)
2021-02-08
1
REDACTED VERSION of 351 Exhibit to a Document, / Exhibits 1 - 2 to Plaintiff 3Shape A/S's Opposition To Defendant Align Technology, Inc.'s Motion To Stay Pending Inter Partes Review by 3Shape A/S. (Attachments: # 1 Exhibit 2)(Levine, James Harry) (Entered: 02/11/2021)
2021-02-11
1
[SEALED] REPLY BRIEF re 341 MOTION to Stay Pending Inter Partes Review filed by Align Technology, Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G)(Castellano, Jeffrey) (Entered: 02/11/2021)
2021-02-11
1
ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the February 12, 2021 discovery dispute teleconference shall serve as the Order of the Court. The parties shall submit a Joint Status Report on Thursday, February 18, 2021. A Status Teleconference is scheduled for Friday, February 19, 2021 at 3:00 PM before Judge Jennifer L. Hall. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. ORDERED by Judge Jennifer L. Hall on 2/12/2021. (ceg) (Entered: 02/12/2021)
2021-02-12
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 2/12/2021. (*Court Reporter Jennifer Guy.) (ceg)
2021-02-12
1
No Actions
~Util - Set Hearings AND Order
2021-02-12
1
No Actions
Discovery Conference
2021-02-12
1
No Actions
REDACTED VERSION of 353 Letter, / Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding motion to compel by 3Shape A/S. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Levine, James Harry) (Entered: 02/16/2021)
2021-02-16
1
REDACTED VERSION of 352 Letter by Buchanan Ingersoll & Rooney. (Wood, Steven) (Entered: 02/16/2021)
2021-02-16
1
REDACTED VERSION of 358 Reply Brief by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 02/17/2021)
2021-02-17
1
Joint Letter to The Honorable Jennifer L. Hall from John W. Shaw. (Shaw, John) (Entered: 02/18/2021)
2021-02-18
1
ORAL ORDER: Having reviewed the parties' February 18, 2021 Joint Letter (D.I. 363), IT IS HEREBY ORDERED that the teleconference scheduled for February 19, 2021, is CANCELLED. The parties shall file a joint status letter on February 26, 2021. Ordered by Judge Jennifer L. Hall on 2/18/2021. (JLH) (Entered: 02/18/2021)
2021-02-18
1
Oral Order
2021-02-19
1
No Actions
NOTICE requesting Clerk to remove Ryan Ellis as co-counsel. Reason for request: No longer affiliated with Troutman Pepper Hamilton Sanders LLP. (Levine, James Harry) (Entered: 02/23/2021)
2021-02-23
1
ORAL ORDER: For the reasons stated in open court on February 26, 2021, Defendant's Motion to Stay Pending Inter Partes Review (D.I. 341 ) is DENIED. The transcript from the February 26, 2021 oral argument shall serve as the Order of the Court. ORDERED by Judge Jennifer L. Hall on 2/26/2021. (ceg) (Entered: 02/26/2021)
2021-02-26
1
Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding Status Report - re 364 Oral Order,. (Shaw, John) (Entered: 02/26/2021)
2021-02-26
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Motion Hearing by video conference held on 2/26/2021 re 341 Motion to Stay Pending Inter Partes Review filed by Align Technology, Inc. (*Court Reporter Gail Verbano.) (ceg)
2021-02-26
1
No Actions
Order on Motion to Stay
2021-02-26
1
No Actions
Motion Hearing
2021-02-26
1
No Actions
Official Transcript of Telephone Conference held on February 26, 2021 before Judge Jennifer L. Hall. Court Reporter Gail Inghram Verbano, email: gailthecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or ordered/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 3/26/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/3/2021. (bpg) (Entered: 03/05/2021)
2021-03-05
1
Letter to The Honorable Jennifer L. Hall from John W. Shaw - re 364 Oral Order,. (Shaw, John) (Entered: 03/05/2021)
2021-03-05
1
NOTICE of Change of Law Firm Affiliation for Goutam Patnaik, Esq. by 3Shape A/S (Levine, James Harry) (Entered: 03/11/2021)
2021-03-11
1
STIPULATION TO EXTEND TIME The Deadline to Submit Documents for In Camera Review to March 15, 2021 - filed by Buchanan Ingersoll & Rooney. (Wood, Steven) (Entered: 03/12/2021)
2021-03-12
1
SO ORDERED, 371 Stipulation to Extend Time to Submit Documents for In Camera Review to March 15, 2021. ORDERED by Judge Jennifer L. Hall on 3/12/2021. (ceg)
2021-03-12
1
No Actions
SO ORDERED
2021-03-12
1
No Actions
Letter to The Honorable Jennifer L. Hall from James Levine, Esq. regarding in Camera Review - re 369 Letter. (Levine, James Harry) (Entered: 03/15/2021)
2021-03-15
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Steven P. Wood, Esq. regarding In Camera Review Documents. (Attachments: # 1 Certificate of Service)(Wood, Steven) (Entered: 03/15/2021)
2021-03-15
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding Buchanan's In Camera Review. (Shaw, John) (Entered: 03/15/2021)
2021-03-15
1
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding 3Shape's In Camera Review. (Shaw, John) (Entered: 03/15/2021)
2021-03-15
1
REDACTED VERSION of 374 Letter by Align Technology, Inc.. (Shaw, John) (Entered: 03/22/2021)
2021-03-22
1
REDACTED VERSION of 375 Letter by Align Technology, Inc.. (Shaw, John) (Entered: 03/22/2021)
2021-03-22
1
REDACTED VERSION of 373 Letter by Buchanan Ingersoll & Rooney. (Wood, Steven) (Entered: 03/22/2021)
2021-03-22
1
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent 3Shape Holding A/S for 3Shape A/S filed by 3Shape A/S. (Levine, James Harry) (Entered: 03/23/2021)
2021-03-23
1
NOTICE of Change of Law Firm Affiliation for David Shaw, Esq. and Tuhin Ganguly, Esq. by 3Shape A/S (Levine, James Harry) (Entered: 03/25/2021)
2021-03-25
1
ORAL ORDER: Having carefully reviewed the voluminous in camera submissions from 3Shape and non-party Buchanan, as well as the parties' supplemental letters (D.I. 372-375), the Court finds that there are no documents evidencing that Mr. Leibovitch received, reviewed, or discussed Align confidential information. (D.I. 374, 375 (Align's supplemental letters: "The most important issue for the Court's review is whether Mr. Leibovitch received, reviewed, or discussed Align confidential information."). Having found no such documents, the Court declines to order production of any of the submitted documents. Any remaining disputes shall be raised in accordance with Judge Hall's discovery dispute procedures. ORDERED by Judge Jennifer L. Hall on 4/19/2021. (ceg) (Entered: 04/19/2021)
2021-04-19
1
Order
2021-04-19
1
No Actions
NOTICE requesting Clerk to remove Goutam Patnaik, David J. Shaw, and Tuhin Ganguly of Desmarais LLP as co-counsel. Reason for request: No longer representing Plaintiff 3Shape A/S. (Levine, James Harry) (Entered: 04/23/2021)
2021-04-23
1
MOTION for Pro Hac Vice Appearance of Attorney Ryan C. Deck - filed by 3Shape A/S. (Attachments: # 1 Certification of Ryan C. Deck, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/29/2021)
2021-04-29
1
MOTION for Pro Hac Vice Appearance of Attorney Gwendolyn Tawresey - filed by 3Shape A/S. (Attachments: # 1 Certification of Gwendolyn Tawresey, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 04/29/2021)
2021-04-29
1
SO ORDERED, re 384 MOTION for Pro Hac Vice Appearance of Attorney Gwendolyn Tawresey filed by 3Shape A/S, 383 MOTION for Pro Hac Vice Appearance of Attorney Ryan C. Deck filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 4/30/21. (ntl)
2021-04-30
1
No Actions
SO ORDERED
2021-04-30
1
No Actions
Pro Hac Vice Attorney Ryan C. Deck 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. (mal)
2021-05-03
1
No Actions
Add Attorneys - PHV only
2021-05-03
1
No Actions
NOTICE OF SERVICE of Align Technology, Inc.'s Sixth Supplemental Responses and Objections to 3Shape's Consolidated Second Set of Interrogatories [Nos. 7-14] filed by Align Technology, Inc..(Castellano, Jeffrey) (Entered: 05/14/2021)
2021-05-14
1
MOTION for Teleconference to Resolve Discovery Disputes - filed by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 05/17/2021)
2021-05-17
1
ORAL ORDER Setting Teleconference: The Court has reviewed the Motion for Teleconference to Resolve Discovery Dispute (D.I. 386 ). A discovery dispute teleconference is scheduled for June 4, 2021 at 10:00 AM Eastern Time before Judge Jennifer L. Hall. By no later than May 24, 2021 the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than May 28, 2021 any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Jennifer L. Hall on 5/19/2021. (ceg) (Entered: 05/19/2021)
2021-05-19
1
Order Setting Teleconference
2021-05-19
1
No Actions
[SEALED] Letter to The Honorable Jennifer L. Hall from John W. Shaw regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Shaw, John) (Entered: 05/24/2021)
2021-05-24
1
NOTICE of Name Change of Faye E. Paul to Faye Paul Teller by Align Technology, Inc. (Shaw, John) (Entered: 05/28/2021)
2021-05-28
1
[SEALED] Letter to The Honorable Jennifer L. Hall from Steven P. Wood, Esq. regarding Responsive Letter. (Attachments: # 1 Exhibit A-E, # 2 Certificate of Service)(Wood, Steven) (Entered: 05/28/2021)
2021-05-28
1
REDACTED VERSION of 388 Letter by Align Technology, Inc.. (Shaw, John) (Entered: 06/01/2021)
2021-06-01
1
ORAL ORDER: Having considered Align's Motion for Discovery Dispute Teleconference (D.I. 386 ) and the corresponding letter briefing regarding the dispute (D.I. 388 ; D.I. 390 ), it is HEREBY ORDERED that Align's requests are DENIED. The teleconference scheduled for June 4, 2021 is CANCELLED. ORDERED by Judge Jennifer L. Hall on 6/2/2021. (ceg) (Entered: 06/02/2021)
2021-06-02
1
Order
2021-06-02
1
No Actions
NOTICE requesting Clerk to remove Blair M. Jacobs as co-counsel.. (Castellano, Jeffrey) (Entered: 06/10/2021)
2021-06-10
1
REDACTED VERSION of 390 Letter by 3Shape A/S. (Wood, Steven) (Entered: 06/11/2021)
2021-06-11
1
Deficiency re Redacted Documents
2021-06-11
1
No Actions
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #390. (ceg)
2021-06-11
1
No Actions
NOTICE of Change of Address for Washington, DC office of Troutman Pepper Hamilton Sanders LLP by 3Shape A/S (Levine, James Harry) (Entered: 06/15/2021)
2021-06-15
1
STIPULATION regarding Briefing Schedule for Daubert motions re 336 Order,, by 3Shape A/S. (Levine, James Harry) (Entered: 06/22/2021)
2021-06-22
1
SO ORDERED, 396 Stipulation Regarding Briefing Schedule (*Reset Scheduling Order Deadline: Dispositive and Daubert Motions due by 7/9/2021; Answering Briefs due 7/30/2021; Reply Briefs due 8/10/2021). ORDERED by Judge Jennifer L. Hall on 6/29/2021. (ceg)
2021-06-29
1
No Actions
Set/Reset Scheduling Order Deadlines AND SO ORDERED
2021-06-29
1
No Actions
NOTICE requesting Clerk to remove John S. Holley as co-counsel.. (Castellano, Jeffrey) (Entered: 07/01/2021)
2021-07-01
1
MOTION for Summary Judgment And Daubert Motions - filed by 3Shape A/S. (Attachments: # 1 Text of Proposed Order)(Levine, James Harry) (Entered: 07/09/2021)
2021-07-09
1
[SEALED] OPENING BRIEF in Support re 398 MOTION for Summary Judgment And Daubert Motions filed by 3Shape A/S.Answering Brief/Response due date per Local Rules is 7/23/2021. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22, # 22 Exhibit 23, # 23 Exhibit 24, # 24 Exhibit 25, # 25 Exhibit 28, # 26 Exhibit 29, # 27 Exhibit 30, # 28 Exhibit 31, # 29 Exhibit 32, # 30 Exhibit 34, # 31 Exhibit 35, # 32 Exhibit 36)(Levine, James Harry) (Entered: 07/09/2021)
2021-07-09
1
EXHIBIT re 399 Opening Brief in Support,,, / Exhibits 10, 26, 27 and 33 to Plaintiff 3Shape A/S's Opening Brief In Support Of Its Dispositive And Daubert Motions by 3Shape A/S. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27, # 3 Exhibit 33)(Levine, James Harry) (Entered: 07/09/2021)
2021-07-09
1
MOTION for Summary Judgment and Preclusion of Expert Testimony Under Daubert - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Shaw, John) (Entered: 07/09/2021)
2021-07-09
1
MOTION for Summary Judgment and Preclusion of Expert Testimony Under Daubert - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Shaw, John) (Entered: 07/09/2021)
2021-07-09
2
[SEALED] OPENING BRIEF in Support re 401 MOTION for Summary Judgment and Preclusion of Expert Testimony Under Daubert filed by Align Technology, Inc..Answering Brief/Response due date per Local Rules is 7/23/2021. (Shaw, John) (Entered: 07/09/2021)
2021-07-09
1
[SEALED] APPENDIX re 402 Opening Brief in Support, by Align Technology, Inc.. (Attachments: # 1 (part 2 of 3), # 2 (part 3 of 3))(Shaw, John) (Entered: 07/09/2021)
2021-07-09
1
REDACTED VERSION of 402 Opening Brief in Support, by Align Technology, Inc.. (Shaw, John) (Entered: 07/16/2021)
2021-07-16
1
REDACTED VERSION of 403 Appendix by Align Technology, Inc.. (Shaw, John) (Entered: 07/16/2021)
2021-07-16
1
REDACTED VERSION of 399 Opening Brief in Support,,, of MOTION for Summary Judgment And Daubert Motions by 3Shape A/S. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22, # 22 Exhibit 23, # 23 Exhibit 24, # 24 Exhibit 25, # 25 Exhibit 28, # 26 Exhibit 29, # 27 Exhibit 30, # 28 Exhibit 31, # 29 Exhibit 32, # 30 Exhibit 34, # 31 Exhibit 35, # 32 Exhibit 36)(Levine, James Harry) (Entered: 07/16/2021)
2021-07-16
1
[SEALED] ANSWERING BRIEF in Opposition re 401 MOTION for Summary Judgment and Preclusion of Expert Testimony Under Daubert / Plaintiff 3Shape A/S's Opposition To Defendant Align Technology, Inc.'s Motions For Summary Judgement And Daubert Motions filed by 3Shape A/S.Reply Brief due date per Local Rules is 8/6/2021. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 15, # 14 Exhibit 17, # 15 Exhibit 18, # 16 Exhibit 19, # 17 Exhibit 20, # 18 Exhibit 21, # 19 Exhibit 23, # 20 Exhibit 24, # 21 Exhibit 25, # 22 Exhibit 26, # 23 Exhibit 27, # 24 Exhibit 28, # 25 Exhibit 29, # 26 Exhibit 30, # 27 Exhibit 31, # 28 Exhibit 33, # 29 Exhibit 34, # 30 Exhibit 36)(Levine, James Harry) (Entered: 07/30/2021)
2021-07-30
1
EXHIBIT re 407 Answering Brief in Opposition,,, / Exhibits 3, 4, 16, 22, 32 and 35 to Plaintiff 3Shape A/S's Opposition To Defendant Align Technology, Inc.'s Motions For Summary Judgement And Daubert Motions by 3Shape A/S. (Attachments: # 1 Exhibit 4, # 2 Exhibit 16, # 3 Exhibit 22, # 4 Exhibit 32, # 5 Exhibit 35)(Levine, James Harry) (Entered: 07/30/2021)
2021-07-30
1
[SEALED] ANSWERING BRIEF in Opposition re 398 MOTION for Summary Judgment And Daubert Motions filed by Align Technology, Inc..Reply Brief due date per Local Rules is 8/6/2021. (Shaw, John) (Entered: 07/30/2021)
2021-07-30
1
[SEALED] APPENDIX re 409 Answering Brief in Opposition by Align Technology, Inc.. (Shaw, John) (Entered: 07/30/2021)
2021-07-30
1
REDACTED VERSION of 409 Answering Brief in Opposition by Align Technology, Inc.. (Shaw, John) (Entered: 08/06/2021)
2021-08-06
1
REDACTED VERSION of 410 Appendix by Align Technology, Inc.. (Shaw, John) (Entered: 08/06/2021)
2021-08-06
1
REDACTED VERSION of 407 Answering Brief in Opposition,,, by 3Shape A/S. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 15, # 14 Exhibit 17, # 15 Exhibit 18, # 16 Exhibit 19, # 17 Exhibit 20, # 18 Exhibit 21, # 19 Exhibit 23, # 20 Exhibit 24, # 21 Exhibit 25, # 22 Exhibit 26, # 23 Exhibit 27, # 24 Exhibit 28, # 25 Exhibit 29, # 26 Exhibit 30, # 27 Exhibit 31, # 28 Exhibit 33, # 29 Exhibit 34, # 30 Exhibit 36)(Levine, James Harry) (Entered: 08/06/2021)
2021-08-06
1
[SEALED] REPLY BRIEF re 398 MOTION for Summary Judgment And Daubert Motions filed by 3Shape A/S. (Attachments: # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 41, # 5 Exhibit 42, # 6 Exhibit 43, # 7 Exhibit 44, # 8 Exhibit 45, # 9 Exhibit 46, # 10 Exhibit 47, # 11 Exhibit 48)(Levine, James Harry) (Entered: 08/10/2021)
2021-08-10
1
EXHIBIT re 414 Reply Brief, / Exhibits 40 and 49 to Plaintiff 3Shape A/Ss Reply In Support Of Its Motion For Summary Judgment And Daubert Motions by 3Shape A/S. (Attachments: # 1 Exhibit 49)(Levine, James Harry) (Entered: 08/10/2021)
2021-08-10
1
[SEALED] REPLY BRIEF re 401 MOTION for Summary Judgment and Preclusion of Expert Testimony Under Daubert filed by Align Technology, Inc.. (Shaw, John) (Entered: 08/10/2021)
2021-08-10
1
[SEALED] APPENDIX re 416 Reply Brief by Align Technology, Inc.. (Shaw, John) (Entered: 08/10/2021)
2021-08-10
1
REDACTED VERSION of 414 Reply Brief, by 3Shape A/S. (Attachments: # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 41, # 5 Exhibit 42, # 6 Exhibit 43, # 7 Exhibit 44, # 8 Exhibit 45, # 9 Exhibit 46, # 10 Exhibit 47, # 11 Exhibit 48)(Levine, James Harry) (Entered: 08/16/2021)
2021-08-16
1
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the pending motions on October 19, 2021 beginning at 1:00 p.m. in Courtroom 6B. Each side will be allocated up to one (1) hour to present its argument. ORDERED by Judge Leonard P. Stark on 8/17/21. (ntl) (Entered: 08/17/2021)
2021-08-17
1
REDACTED VERSION of 416 Reply Brief by Align Technology, Inc.. (Shaw, John) (Entered: 08/17/2021)
2021-08-17
1
REDACTED VERSION of 417 Appendix by Align Technology, Inc.. (Shaw, John) (Entered: 08/17/2021)
2021-08-17
1
~Util - Set Hearings AND Order
2021-08-17
1
No Actions
NOTICE requesting Clerk to remove Brittanee L. Petrik, Esq. as co-counsel.. (Levine, James Harry) (Entered: 10/13/2021)
2021-10-13
1
Letter to The Honorable Leonard P. Stark from James Levine, Esq. regarding Order of Arguments for the October 19, 2021 hearing. (Levine, James Harry) (Entered: 10/15/2021)
2021-10-15
1
ORAL ORDER: IT IS HEREBY ORDERED that the hearing scheduled for October 19 at 1:00 p.m. will take place in Courtroom 2A. ORDERED by Judge Leonard P. Stark on 10/15/21. (ntl) (Entered: 10/15/2021)
2021-10-15
1
Letter to The Honorable Leonard P. Stark from James Levine, Esq. regarding request for teleconference line for the October 19, 2021 hearing for remote attendance of representatives of 3Shape. (Levine, James Harry) (Entered: 10/15/2021)
2021-10-15
1
~Util - Set Hearings AND Order
2021-10-15
1
No Actions
Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held on 10/19/2021. (Court Reporter B. Gaffigan.) (ntl)
2021-10-19
1
No Actions
Oral Argument
2021-10-19
1
No Actions
ORAL ORDER: Having heard the parties' argument on October 19, 2021, the Court is inclined to believe that additional claim construction is required. IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than October 26, submit a joint status report advising the Court of their positions on (1) what term(s) the Court should consider for additional claim construction; and (2) the schedule for exchange of proposed constructions and short briefs. Ordered by Judge Leonard P. Stark on 10/22/2021. (etg) (Entered: 10/22/2021)
2021-10-22
1
[SEALED] Official Transcript of Oral Argument Hearing held on October 19, 2021 before Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. (bpg) Modified on 11/17/2021 (ntl). (Entered: 10/22/2021)
2021-10-22
1
Oral Order AND ~Util - Set Deadlines
2021-10-22
1
No Actions
~Util - Set Deadlines AND Oral Order
2021-10-22
1
No Actions
Letter to The Honorable Leonard P. Stark regarding Joint Status Report Regarding Additional Claim Construction - re 426 Oral Order,,, Set Deadlines,,. (Levine, James Harry) (Entered: 10/26/2021)
2021-10-26
1
ORAL ORDER: Having reviewed the parties' joint status report regarding additional claim construction (D.I. 428), IT IS HEREBY ORDERED that the parties' agreed-to proposals of the term to be construed and the briefing schedule are ADOPTED. The Court will decide whether to schedule a hearing after reviewing the parties' briefs. ORDERED by Judge Leonard P. Stark on 10/29/21. (ntl) (Entered: 10/29/2021)
2021-10-29
1
NOTICE of Intent to Request Redaction by Jeffrey Thomas Castellano re 427 Transcript,,. (Castellano, Jeffrey) (Entered: 10/29/2021)
2021-10-29
1
Order
2021-10-29
1
No Actions
NOTICE requesting Clerk to remove David M. Fry as co-counsel.. (Shaw, John) (Entered: 11/08/2021)
2021-11-08
1
MOTION to Redact 427 Transcript,, / Plaintiff 3Shape A/S's Unopposed Motion To Redact Limited Portions Of The October 19, 2021 Hearing Transcript - filed by 3Shape A/S. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Levine, James Harry) (Entered: 11/12/2021)
2021-11-12
1
[SEALED] MOTION to Redact 427 Transcript,, (Unopposed) - filed by Align Technology, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Castellano, Jeffrey) (Entered: 11/12/2021)
2021-11-12
1
ORDER re 432 MOTION to Redact 427 10/19/21 Transcript filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 11/17/21. (ntl) (Entered: 11/17/2021)
2021-11-17
1
ORDER re 433 MOTION to Redact 427 10/19/21 Transcript filed by Align Technology, Inc. Signed by Judge Leonard P. Stark on 11/17/21. (ntl) (Entered: 11/17/2021)
2021-11-17
1
REDACTED VERSION of 433 MOTION to Redact 427 Transcript,, (Unopposed) by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 11/18/2021)
2021-11-18
1
[SEALED] CLAIM CONSTRUCTION OPENING BRIEF filed by 3Shape A/S. (Attachments: # 1 Exhibit B - SEALED, # 2 Exhibit H - SEALED, # 3 Exhibit I - SEALED, # 4 Exhibit J - SEALED)(Levine, James Harry) (Entered: 11/19/2021)
2021-11-19
1
EXHIBIT re 437 Claim Construction Opening Brief Exhibits A, C, D, E, F, G, K, L and M by 3Shape A/S. (Levine, James Harry) (Entered: 11/19/2021)
2021-11-19
1
[SEALED] CLAIM CONSTRUCTION OPENING BRIEF filed by Align Technology, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Keller, Karen) (Main Document 439 replaced on 11/22/2021) (ntl). (Entered: 11/19/2021)
2021-11-19
1
CORRECTING ENTRY: Corrected brief added to D.I. 439 per request of counsel. (ntl)
2021-11-22
1
No Actions
- CORRECTING ENTRY
2021-11-22
1
No Actions
REDACTED VERSION of 437 Claim Construction Opening Brief by 3Shape A/S. (Attachments: # 1 Exhibit B, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J)(Levine, James Harry) (Entered: 11/29/2021)
2021-11-29
1
REDACTED VERSION of 439 Claim Construction Opening Brief by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 11/29/2021)
2021-11-29
1
Redaction of 427 Transcript. Official Transcript of Oral Argument Hearing held on October 19, 2021 before Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. (bpg) (Entered: 12/02/2021)
2021-12-02
1
[SEALED] CLAIM CONSTRUCTION ANSWERING BRIEF re 439 Claim Construction Opening Brief / Plaintiff 3Shape A/S's Responsive Claim Construction Brief filed by 3Shape A/S. (Attachments: # 1 Exhibit B)(Levine, James Harry) (Entered: 12/10/2021)
2021-12-10
1
[SEALED] CLAIM CONSTRUCTION ANSWERING BRIEF re 437 Claim Construction Opening Brief filed by Align Technology, Inc.. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6)(Castellano, Jeffrey) (Entered: 12/10/2021)
2021-12-10
1
REDACTED VERSION of 443 Claim Construction Answering Brief / Plaintiff 3Shape A/S's Responsive Claim Construction Brief by 3Shape A/S. (Attachments: # 1 Exhibit B)(Levine, James Harry) (Entered: 12/17/2021)
2021-12-17
1
REDACTED VERSION of 444 Claim Construction Answering Brief by Align Technology, Inc.. (Castellano, Jeffrey) (Entered: 12/17/2021)
2021-12-17
1
Joint NOTICE of Inter Partes Review Final Decision by Align Technology, Inc. (Attachments: # 1 Exhibit A)(Castellano, Jeffrey) (Entered: 01/20/2022)
2022-01-20
1
NOTICE requesting Clerk to remove Faye Paul Teller as co-counsel.. (Shaw, John) (Entered: 01/21/2022)
2022-01-21
1
STIPULATION And [Proposed] Order Staying Proceedings Pending Settlement by 3Shape A/S. (Levine, James Harry) (Entered: 02/09/2022)
2022-02-09
1
SO ORDERED, re 449 STIPULATION And [Proposed] Order Staying Proceedings Pending Settlement filed by 3Shape A/S. Signed by Judge Leonard P. Stark on 2/14/22. (ntl) (ntl). (Entered: 02/14/2022)
2022-02-14
1
PROPOSED ORDER Dismissal -- Stipulated Order of Dismissal by 3Shape A/S. (Levine, James Harry) (Entered: 03/02/2022)
2022-03-02
1
Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 03/03/2022)
2022-03-03
1
SO ORDERED, re 451 Stipulated Order of Dismissal filed by 3Shape A/S, ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 3/3/22. (ntl)
2022-03-03
1
No Actions
~Util - Terminate Civil Case AND SO ORDERED
2022-03-03
1
No Actions
Letter and CD/DVD mailed to Plaintiffs' Counsel from The Clerks' Office regarding Exhibit Return CD/DVD. (vfm) (Entered: 11/04/2022)
2022-11-04
1
ACKNOWLEDGMENT OF RECEIPT of Exhibit C, Gardner Orthodontics Video; Exhibit D, Align Technology, Inc. Video (D.I. 4 ) by Geoffrey Grivner. (lam) (Entered: 11/09/2022)
2022-11-09
1