Advanced Neuromodulation Systems Inc v. Advanced Bionics Corporation

ORIGINAL COMPLAINT with Jury Demand against Advanced Bionics Corporation (Filing fee $ 150 receipt 102518.), filed by Advanced Neuromodulation Systems Inc.(ttm, ) (Entered: 04/22/2004)

2004-04-21

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ORDER REFERRING CASE to Magistrate Judge Don D. Bush to handle pretrial proceedings. Signed by Judge Paul N Brown on 4/21/04. cc:attys on 4-22-04(ttm, ) (Entered: 04/22/2004)

2004-04-21

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Form mailed to Commissioner of Patents and Trademarks. (ttm, ) (Entered: 04/22/2004)

2004-04-21

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Return of Service Executed as to Advanced Bionics Corporation on 4/26/2004, answer due: 5/16/2004. (baf, ) (Entered: 05/19/2004)

2004-05-13

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MOTION for Extension of Time to File Answer by Advanced Bionics Corporation. (sjs, ) (Entered: 05/17/2004)

2004-05-14

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ORDER granting 4 Motion for Extension of Time to Answer re 1 Complaint until 6/7/04. Signed by Judge Don D. Bush on 5/25/04. cc:attys on 5/27/04 (ttm, ) (Entered: 05/27/2004)

2004-05-25

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ANSWER to Complaint by Advanced Bionics Corporation.(baf, ) (Entered: 06/08/2004)

2004-06-07

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ORDER Status Conference set for 8/18/2004 09:30 AM in Ctrm A01 (Sherman) before Magistrate Judge Don D. Bush. Signed by Judge Don D. Bush on 6/16/04. cc: attys 6/22/04(baf, ) (Entered: 06/22/2004)

2004-06-21

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MOTION to Dismiss and MOTION transfer venue by Advanced Bionics Corporation. (baf, ) Additional attachment(s) added on 6/29/2004 (baf, ). (Entered: 06/29/2004)

2004-06-25

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Appendix to Dft Advanced Bionics Corporation's Motion to Dismiss and Transfer Venue and Supporting Brief. (baf, ) (Entered: 06/29/2004)

2004-06-25

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ACKNOWLEDGEMENT OF RECEIPT by Bryant Canoll Boren, Jr. as to 8 Order, Set Trial Management Order Deadlines. (baf, ) (Entered: 06/29/2004)

2004-06-29

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RESPONSE to Motion re 9 MOTION to Dismiss MOTION transfer venue filed by Advanced Neuromodulation Systems Inc. (ttm, ) (Entered: 07/13/2004)

2004-07-12

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RESPONSE in Support re 9 MOTION to Dismiss MOTION transfer venue Reply Brief in Support re 9 MOTION to Dismiss MOTION transfer venue filed by Advanced Bionics Corporation. (Attachments: # 1 Affidavit Declaration of Frank Finn)(Finn, Frank) (Entered: 07/22/2004)

2004-07-22

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MOTION for Leave to File Excess Pages for Reply Brief by Advanced Bionics Corporation. (Attachments: # 1 Text of Proposed Order)(Finn, Frank) (Entered: 07/26/2004)

2004-07-26

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ORDER that this case is hereby withdrawn from reference to US Magistrate Judge Don D Bush for pretrial management. The Scheduling Conference is reset for 8/18/2004 08:30 AM in Ctrm 208 (Sherman) before Judge Paul N Brown. Signed by Judge Paul N Brown on 7/27/04. cc: attys 7/29/04(baf, ) (Entered: 07/29/2004)

2004-07-27

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CORPORATE DISCLOSURE STATEMENT filed by Advanced Neuromodulation Systems Inc (baf, ) (Entered: 07/29/2004)

2004-07-27

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SurREPLY to Reply to Response to Motion re 9 MOTION to Dismiss MOTION transfer venue filed by Advanced Neuromodulation Systems Inc. (baf, ) (Entered: 07/29/2004)

2004-07-29

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MOTION to Dismiss Counts 2-8 by Advanced Bionics Corporation. (Attachments: # 1 Affidavit Declaration of Frank Finn# 2 Exhibit A to Declaration of Frank Finn# 3 Exhibit B to Declaration of Frank Finn# 4 Exhibit C to Declaration of Frank Finn# 5 Exhibit D to Declaration of Frank Finn# 6 Exhibit E to Declaration of Frank Finn# 7 Exhibit F to Declaration of Frank Finn# 8 Text of Proposed Order Proposed Order)(Finn, Frank) (Entered: 08/06/2004)

2004-08-06

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NOTICE of Attorney Appearance by Advanced Neuromodulation Systems Inc (baf, ) (Entered: 08/10/2004)

2004-08-10

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MOTION to Amend 1 Complaint by Advanced Neuromodulation Systems Inc. (Attachments: # 1 Text of Proposed Order)(baf, ) (Entered: 08/13/2004)

2004-08-12

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NOTICE of Disclosure by Advanced Neuromodulation Systems Inc (baf, ) (Entered: 08/13/2004)

2004-08-13

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APPLICATION to Appear Pro Hac Vice by Matthew M Wolf. (baf, ) (Entered: 08/18/2004)

2004-08-16

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Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 by Advanced Bionics Corporation. (Attachments: # 1 Affidavit of Frank Finn# 2 Exhibit A to Finn Declaration# 3 Exhibit to Finn Declaration# 4 Exhibit C to Finn Declaration)(Finn, Frank) (Entered: 08/25/2004)

2004-08-25

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RESPONSE in Opposition re 20 MOTION to Amend/Correct 1 Complaint filed by Advanced Bionics Corporation. (Attachments: # 1 Affidavit of Frank Finn# 2 Exhibit A to Declaration of Frank Finn# 3 Exhibit B to Declaration of Frank Finn# 4 Text of Proposed Order)(Finn, Frank) (Entered: 08/27/2004)

2004-08-27

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REPLY to Response to Motion re 20 MOTION to Amend/Correct 1 Complaint Reply in Support of Plaintiff's Motion for Leave to File An Amended Complaint filed by Advanced Neuromodulation Systems Inc. (Durst, Timothy) (Entered: 09/01/2004)

2004-09-01

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RESPONSE in Opposition re 18 MOTION to Dismiss Counts 2-8, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 ANS's Response To Motion to Dismiss And Compel Alternative Dispute Resolution filed by Advanced Neuromodulation Systems Inc. (Durst, Timothy) (Entered: 09/07/2004)

2004-09-07

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NOTICE by Advanced Neuromodulation Systems Inc re 26 Response in Opposition to Motion, [Proposed] Order Denying Defendant Advanced Bionics Corporation's Motion to Dismiss and Compel Alternative Dispute Resolution of Counts Two Through Eight and for a Stay of Proceedings (Durst, Timothy) (Entered: 09/07/2004)

2004-09-07

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RESPONSE to Motion re 9 MOTION to Dismiss MOTION transfer venue, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 (REPLACING NUMBER 26 on DOCKET) ANS Response to Motion to Dismiss and Compel Alternative Dispute Resolution of Counts 2-8 filed by Advanced Neuromodulation Systems Inc. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) (Entered: 09/08/2004)

2004-09-08

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RESPONSE to Motion re 18 MOTION to Dismiss Counts 2-8, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 (REPLACING 26-28 ON DOCKET) ANS's Response to Motion to Dismiss and Compel Alternative Dispute Resolution of Counts 2-8 filed by Advanced Neuromodulation Systems Inc. (Attachments: # 1 Text of Proposed Order)(Durst, Timothy) (Entered: 09/08/2004)

2004-09-08

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RESPONSE to 25 Reply to Response to Motion for Leave to File Amended Complaint (Sur-Reply) by Advanced Bionics Corporation. (Finn, Frank) (Entered: 09/09/2004)

2004-09-09

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RESPONSE in Support re 18 MOTION to Dismiss Counts 2-8, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 filed by Advanced Bionics Corporation. (Finn, Frank) (Entered: 09/15/2004)

2004-09-15

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CORPORATE DISCLOSURE STATEMENT filed by Advanced Neuromodulation Systems Inc Amended Corporate Disclosure Statement (Durst, Timothy) (Entered: 09/15/2004)

2004-09-15

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RESPONSE in Support re 18 MOTION to Dismiss Counts 2-8, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 orig. filed Sept. 15 and Corrected to comply with 10-page limit filed by Advanced Bionics Corporation. (Finn, Frank) (Entered: 09/16/2004)

2004-09-16

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SCHEDULING ORDER:Final Pretrial Conference set for 1/3/2005 09:00 AM in Ctrm 208 (Sherman) before Judge Paul N Brown. Amended Pleadings due by 3/11/2005. Deadline for fact Discovery due by 9/9/2005. Identify trial witnesses by 12/2/2005; Joinder of Parties due by 3/11/2005. Joint Proposed Jury instructions, proposed form of verdict and any trial briefs due by 12/9/2005; Jury Selection - Trial set for 1/9/2005 09:00 AM in Ctrm 208 (Sherman) before Judge Paul N Brown. Total Trial Time 10 days (pla 5 days and dft 5 days); Dispositive Motions due by 9/9/2005. Joint Proposed Pretrial Order due by 12/9/2005. Markman hearing on claim construction set for 4/15/2005. Deadline for parties to designate testifying experts re: issues on which they have the burden of proof 6/3/2005; Deadline for parties to designate rebuttal expert witnesses re: issues on which they do not have the burden of proof 6/30/2005; Deadline for Daubert motions 10/14/2005; The parties shall furnish the Court with the name of an agreed mediator by 10/1/2005. Signed by Judge Paul N Brown on 9/22/04. (baf, ) (Entered: 09/27/2004)

2004-09-22

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REPLY to Response to Motion re 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 ANS's Surreply in Opposition to Motion to Dismiss and Compel Alternative Dispute Resolution filed by Advanced Neuromodulation Systems Inc. (Durst, Timothy) (Entered: 09/23/2004)

2004-09-23

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FIRST AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 1/3/2006 09:00 AM in Ctrm 208 (Sherman) before Judge Paul N Brown. Amended Pleadings due by 3/11/2005. Discovery due by 9/9/2005. Expert Witness List due by 6/3/2005. Identify trial witnesses, deposition testimony and exhibit list by 12/2/2005; Joinder of additional Parties due by 3/11/2005. Joint Proposed Jury instructions, proposed form of verdict and any trial briefs due by 12/9/2005; Trial - Jury Selection set for 1/9/2006 09:00 AM in Ctrm 208 (Sherman) before Judge Paul N Brown. Dispositive Motions due by 9/9/2005. Joint Proposed Pretrial Order and motions in limine due by 12/9/2005. The parties sahll furnish the Court with the name of an agreed mediator by 10/1/2005 and Mediation shall be completed within 60 days after the parties notify the Court of an agreed mediator. Markman hearing on claim construction 4/15/2005 at 9:00 a.m. in Ctrm 208 (Sherman) before Judge Paul N Brown. Total Trial Time 10 days (pla 5 days and dft 5 days).Signed by Judge Paul N Brown on 9/29/2004. (baf, ) (Entered: 10/05/2004)

2004-09-30

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NOTICE of Hearing on Motion 14 MOTION for Leave to File Excess Pages for Reply Brief, 18 MOTION to Dismiss Counts 2-8, 20 MOTION to Amend/Correct 1 Complaint, 9 MOTION to Dismiss MOTION transfer venue, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8: Motion Hearing set for 10/14/2004 01:30 PM in Ctrm 208 ORAL ARGUMENT ONLY - Time Limit for hearing - 1 hour(Sherman) before Judge Paul N Brown. (snh, ) (Entered: 10/07/2004)

2004-10-07

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APPLICATION to Appear Pro Hac Vice by Jennifer A Sklenar. (baf, ) (Entered: 10/13/2004)

2004-10-13

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Minute Entry for proceedings held before Judge Paul N Brown : Motion Hearing held on 10/14/2004 re 18 MOTION to Dismiss Counts 2-8 filed by Advanced Bionics Corporation, 20 MOTION to Amend/Correct 1 Complaint filed by Advanced Neuromodulation Systems Inc, 9 MOTION to Dismiss MOTION transfer venue filed by Advanced Bionics Corporation, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 filed by Advanced Bionics Corporation. (Court Reporter Dave Maxwell.) (snh, ) (Entered: 10/14/2004)

2004-10-14

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TRANSCRIPT of Proceedings held on 10/14/2004 at 1:30 p.m. before Judge Paul Brown. Court Reporter: David Maxwell. (baf, ) (Entered: 10/21/2004)

2004-10-20

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Overview

Parties

Defendant

Advanced Bionics Corporation Follow

Represented By

Plaintiff

Advanced Neuromodulation Systems Inc Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

ORIGINAL COMPLAINT with Jury Demand against Advanced Bionics Corporation (Filing fee $ 150 receipt 102518.), filed by Advanced Neuromodulation Systems Inc.(ttm, ) (Entered: 04/22/2004)

ORDER REFERRING CASE to Magistrate Judge Don D. Bush to handle pretrial proceedings. Signed by Judge Paul N Brown on 4/21/04. cc:attys on 4-22-04(ttm, ) (Entered: 04/22/2004)

Form mailed to Commissioner of Patents and Trademarks. (ttm, ) (Entered: 04/22/2004)

Return of Service Executed as to Advanced Bionics Corporation on 4/26/2004, answer due: 5/16/2004. (baf, ) (Entered: 05/19/2004)

MOTION for Extension of Time to File Answer by Advanced Bionics Corporation. (sjs, ) (Entered: 05/17/2004)

ORDER granting 4 Motion for Extension of Time to Answer re 1 Complaint until 6/7/04. Signed by Judge Don D. Bush on 5/25/04. cc:attys on 5/27/04 (ttm, ) (Entered: 05/27/2004)

ANSWER to Complaint by Advanced Bionics Corporation.(baf, ) (Entered: 06/08/2004)

ORDER Status Conference set for 8/18/2004 09:30 AM in Ctrm A01 (Sherman) before Magistrate Judge Don D. Bush. Signed by Judge Don D. Bush on 6/16/04. cc: attys 6/22/04(baf, ) (Entered: 06/22/2004)

MOTION to Dismiss and MOTION transfer venue by Advanced Bionics Corporation. (baf, ) Additional attachment(s) added on 6/29/2004 (baf, ). (Entered: 06/29/2004)

Appendix to Dft Advanced Bionics Corporation's Motion to Dismiss and Transfer Venue and Supporting Brief. (baf, ) (Entered: 06/29/2004)

ACKNOWLEDGEMENT OF RECEIPT by Bryant Canoll Boren, Jr. as to 8 Order, Set Trial Management Order Deadlines. (baf, ) (Entered: 06/29/2004)

RESPONSE to Motion re 9 MOTION to Dismiss MOTION transfer venue filed by Advanced Neuromodulation Systems Inc. (ttm, ) (Entered: 07/13/2004)

RESPONSE in Support re 9 MOTION to Dismiss MOTION transfer venue Reply Brief in Support re 9 MOTION to Dismiss MOTION transfer venue filed by Advanced Bionics Corporation. (Attachments: # 1 Affidavit Declaration of Frank Finn)(Finn, Frank) (Entered: 07/22/2004)

MOTION for Leave to File Excess Pages for Reply Brief by Advanced Bionics Corporation. (Attachments: # 1 Text of Proposed Order)(Finn, Frank) (Entered: 07/26/2004)

CORPORATE DISCLOSURE STATEMENT filed by Advanced Neuromodulation Systems Inc (baf, ) (Entered: 07/29/2004)

SurREPLY to Reply to Response to Motion re 9 MOTION to Dismiss MOTION transfer venue filed by Advanced Neuromodulation Systems Inc. (baf, ) (Entered: 07/29/2004)

NOTICE of Attorney Appearance by Advanced Neuromodulation Systems Inc (baf, ) (Entered: 08/10/2004)

MOTION to Amend 1 Complaint by Advanced Neuromodulation Systems Inc. (Attachments: # 1 Text of Proposed Order)(baf, ) (Entered: 08/13/2004)

NOTICE of Disclosure by Advanced Neuromodulation Systems Inc (baf, ) (Entered: 08/13/2004)

APPLICATION to Appear Pro Hac Vice by Matthew M Wolf. (baf, ) (Entered: 08/18/2004)

Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 by Advanced Bionics Corporation. (Attachments: # 1 Affidavit of Frank Finn# 2 Exhibit A to Finn Declaration# 3 Exhibit to Finn Declaration# 4 Exhibit C to Finn Declaration)(Finn, Frank) (Entered: 08/25/2004)

RESPONSE in Opposition re 20 MOTION to Amend/Correct 1 Complaint filed by Advanced Bionics Corporation. (Attachments: # 1 Affidavit of Frank Finn# 2 Exhibit A to Declaration of Frank Finn# 3 Exhibit B to Declaration of Frank Finn# 4 Text of Proposed Order)(Finn, Frank) (Entered: 08/27/2004)

REPLY to Response to Motion re 20 MOTION to Amend/Correct 1 Complaint Reply in Support of Plaintiff's Motion for Leave to File An Amended Complaint filed by Advanced Neuromodulation Systems Inc. (Durst, Timothy) (Entered: 09/01/2004)

RESPONSE in Opposition re 18 MOTION to Dismiss Counts 2-8, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 ANS's Response To Motion to Dismiss And Compel Alternative Dispute Resolution filed by Advanced Neuromodulation Systems Inc. (Durst, Timothy) (Entered: 09/07/2004)

RESPONSE to 25 Reply to Response to Motion for Leave to File Amended Complaint (Sur-Reply) by Advanced Bionics Corporation. (Finn, Frank) (Entered: 09/09/2004)

RESPONSE in Support re 18 MOTION to Dismiss Counts 2-8, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 filed by Advanced Bionics Corporation. (Finn, Frank) (Entered: 09/15/2004)

CORPORATE DISCLOSURE STATEMENT filed by Advanced Neuromodulation Systems Inc Amended Corporate Disclosure Statement (Durst, Timothy) (Entered: 09/15/2004)

RESPONSE in Support re 18 MOTION to Dismiss Counts 2-8, 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 orig. filed Sept. 15 and Corrected to comply with 10-page limit filed by Advanced Bionics Corporation. (Finn, Frank) (Entered: 09/16/2004)

REPLY to Response to Motion re 23 Supplemental MOTION to Dismiss and to Compel ADR of Counts 2-8 ANS's Surreply in Opposition to Motion to Dismiss and Compel Alternative Dispute Resolution filed by Advanced Neuromodulation Systems Inc. (Durst, Timothy) (Entered: 09/23/2004)

APPLICATION to Appear Pro Hac Vice by Jennifer A Sklenar. (baf, ) (Entered: 10/13/2004)

TRANSCRIPT of Proceedings held on 10/14/2004 at 1:30 p.m. before Judge Paul Brown. Court Reporter: David Maxwell. (baf, ) (Entered: 10/21/2004)

Track Case Updates

Advanced Bionics Corporation

Advanced Neuromodulation Systems Inc