Arthrex, Inc. v. Parcus Medical, LLC

2:22-cv-00019

Overview

Case Number 2:22-cv-00019

Filing Date 2022-01-11

Status Terminated

Termination Date 2024-04-26

Court District Court, M.D. Florida (flmd)

Presiding Judge John L. Badalamenti

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

Anika Therapeutics, Inc.

Represented By

3 Attorneys Listed

S. Elizabeth King

Shutts & Bowen, LLP

Tel: +1 (813) 229-8900

Fax: +1 (813) 229-8901

4301 W Boy Scout Blvd Ste 300, Tampa, FL 33607-5716

Eric S. Adams

Shutts & Bowen, LLP

Tel: +1 (813) 227-8122

Fax: +1 (813) 227-8222

4301 W Boy Scout Blvd Ste 300, Tampa, FL 33607-5716

Joseph W. Bain

Shutts & Bowen, LLP

Tel: +1 (561) 650-8523

Fax: +1 (561) 822-5502

525 Okeechobee Blvd, Ste 1100, West Palm Beach, FL 33401-6351

Parcus Medical, LLC

Represented By

4 Attorneys Listed

S. Elizabeth King

Shutts & Bowen, LLP

Tel: +1 (813) 229-8900

Fax: +1 (813) 229-8901

4301 W Boy Scout Blvd Ste 300, Tampa, FL 33607-5716

Eric S. Adams

Shutts & Bowen, LLP

Tel: +1 (813) 227-8122

Fax: +1 (813) 227-8222

4301 W Boy Scout Blvd Ste 300, Tampa, FL 33607-5716

Alexander W. Schneider

Shutts & Bowen

Tel: +1 (561) 835-8500

Shutts & Bowen, 525 Okeechobee Blvd.

Joseph W. Bain

Shutts & Bowen, LLP

Tel: +1 (561) 650-8523

Fax: +1 (561) 822-5502

525 Okeechobee Blvd, Ste 1100, West Palm Beach, FL 33401-6351

Plaintiff

Arthrex, Inc.

Represented By

8 Attorneys Listed

Joel Hyatt

Hahn, Loeser & Parks, LLP

Suite 300, 2400 First St

Steven Susser

Carlson, Gaskey & Olds, PC

Tel: +1 (248) 988-8360

Fax: +1 (248) 988-8363

400 W Maple Rd Ste 350, Birmingham, MI 48009

Phoebe Sarah Wise

Hahn Loeser & Parks, LLP

Tel: +1 (239) 254-2951

Fax: +1 (239) 451-4056

5811 Pelican Bay Blvd, Suite 650

Jessica E Fleetham

Carlson, Gaskey & Olds, P.C.

Tel: +1 (248) 988-8360

400 West Maple Road, Ste 350

David L. Atallah

Carlson, Gaskey & Olds, PC

Tel: +1 (248) 988-8360

Fax: +1 (248) 988-8363

400 W Maple Rd Ste 350, Birmingham, MI 48009

Brian S. Tobin

Carlson, Gaskey & Olds, PC

Tel: +1 (248) 988-8360

Fax: +1 (248) 988-8363

400 W Maple Suite 350, Brimingham, MI 48009

Jeanne L. Seewald

Hahn Loeser & Parks LLP

Tel: +1 (239) 254-2905

Fax: +1 (239) 254-2942

5811 Pelican Bay Blvd Ste 650, Naples, FL 34108

Anthony P. Cho

Carlson, Gaskey & Olds, PC

Tel: +1 (248) 988-8360

Fax: +1 (248) 988-8363

400 W Maple Rd Ste 350, Birmingham, MI 48009

Court & Judges

Court

District Court, M.D. Florida (flmd)

Presiding Judge

John L. Badalamenti

Patents Involved

5 Patents

There are 5 patents involved in this case.

Application Number	Patent Number	External Links
-	US9179950	Espacenet Google Patents
-	US10251686	Espacenet Google Patents
-	US10864028	Espacenet Google Patents
-	US7235091	Espacenet Google Patents
-	US10722344	Espacenet Google Patents

Docket Entries

COMPLAINT for Patent Infringement against Parcus Medical, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19108119) filed by Arthrex, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet, # 9 Proposed Summons) (Hyatt, Joel) Modified as to duplicate docket text and to reflect counsel has been requested to update their information to match their signature block on 1/11/2022 (JK). (Entered: 01/11/2022)

2022-01-11

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COMPLAINT for Patent Infringement against Parcus Medical, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19108119) filed by Arthrex, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet, # 9 Proposed Summons) (Hyatt, Joel) Modified as to duplicate docket text and to reflect counsel has been requested to update their information to match their signature block on 1/11/2022 (JK). (Entered: 01/11/2022)

2022-01-11

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COMPLAINT for Patent Infringement against Parcus Medical, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19108119) filed by Arthrex, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet, # 9 Proposed Summons) (Hyatt, Joel) Modified as to duplicate docket text and to reflect counsel has been requested to update their information to match their signature block on 1/11/2022 (JK). (Entered: 01/11/2022)

2022-01-11

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COMPLAINT for Patent Infringement against Parcus Medical, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19108119) filed by Arthrex, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet, # 9 Proposed Summons) (Hyatt, Joel) Modified as to duplicate docket text and to reflect counsel has been requested to update their information to match their signature block on 1/11/2022 (JK). (Entered: 01/11/2022)

2022-01-11

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Arthrex, Inc. v. Parcus Medical, LLC

Overview

Parties

Defendant

Anika Therapeutics, Inc. Follow

Represented By

Parcus Medical, LLC Follow

Represented By

Plaintiff

Arthrex, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0019-JLB-NPM. (SJB) (Entered: 01/11/2022)

CIVIL Action Order Signed by All Divisional Judges on 1/11/2022. (JK) (Entered: 01/11/2022)

SUMMONS issued as to Parcus Medical, LLC. (JK) (Entered: 01/11/2022)

PATENT Report sent to Alexandria, VA. (JK) (Entered: 01/11/2022)

NOTICE of Lead Counsel Designation by Jeanne L. Seewald on behalf of Arthrex, Inc. Lead Counsel: Jeanne L. Seewald. (Seewald, Jeanne) (Entered: 01/11/2022)

Notice to Counsel of Local Rule

Case Assigned/Reassigned

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

RETURN of service executed on 01/14/2022 by Arthrex, Inc. as to Parcus Medical, LLC. (Seewald, Jeanne) (Entered: 01/25/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Parcus Medical, LLC. (Adams, Eric) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 02/03/2022)

ENDORSED ORDER granting 15 defendant Parcus Medical's unopposed motion for extension of time to answer plaintiff Arthrex's complaint. By February 24, 2022, Parcus will file its answer to the same (Doc. 1).Signed by Magistrate Judge Nicholas P. Mizell on 2/4/2022. (GSK) (Entered: 02/04/2022)

Order on Motion for Extension of Time to File Response / Reply

Notice of hearing

NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference previously scheduled for 4/14/2022 is rescheduled for 4/12/2022 at 10:20 AM before Magistrate Judge Nicholas P. Mizell. All telephonic instructions for the hearing remain the same.(WRW) (Entered: 02/15/2022)

Notice of rescheduling hearing

Unopposed MOTION for Anthony P. Cho to appear pro hac vice by Arthrex, Inc. (Hyatt, Joel) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 02/17/2022)

Unopposed MOTION for David L. Atallah to appear pro hac vice by Arthrex, Inc. (Hyatt, Joel) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 02/17/2022)

Unopposed MOTION for Jessica Fleetham to appear pro hac vice by Arthrex, Inc. (Hyatt, Joel) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 02/17/2022)

ANSWER and affirmative defenses to 1 Complaint with Jury Demand by Parcus Medical, LLC.(Bain, Joseph) (Entered: 02/24/2022)

CERTIFICATE of interested persons and corporate disclosure statement by Parcus Medical, LLC. (Adams, Eric) (Entered: 03/09/2022)

NOTICE of a related action per Local Rule 1.07(c) by Arthrex, Inc.. Related case(s): No (Seewald, Jeanne) (Entered: 03/15/2022)

CASE MANAGEMENT REPORT. (Seewald, Jeanne) (Entered: 03/15/2022)

Unopposed MOTION for Steven Susser to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19413765 for $150 by Arthrex, Inc. (Hyatt, Joel) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 04/01/2022)

NOTICE of Lead Counsel Designation by Anthony P. Cho on behalf of Arthrex, Inc. Lead Counsel: Anthony P. Cho. (Cho, Anthony) (Entered: 04/01/2022)

ORAL MOTION for Extension of Time to File selection of mediator. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 04/12/2022)

Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 30 ORAL Motion for Extension of Time to File Notice of Selection of Mediator; PRELIMINARY PRETRIAL CONFERENCE held on 4/12/2022. (DIGITAL) (WRW) (Entered: 04/12/2022)

Extension of Time to File

SUMMONS issued as to Anika Therapeutics, Inc. (JK) (Entered: 04/18/2022)

Order

NOTICE Regarding Amended Complaint by Arthrex, Inc. re 35 Order (Attachments: # 1 Exhibit 1)(Cho, Anthony) Modified as to docket text on 4/20/2022 (JK). (Entered: 04/20/2022)

NOTICE OF SELECTION of James M. Matulis as mediator by Anika Therapeutics, Inc., Parcus Medical, LLC.(Bain, Joseph) (Entered: 04/20/2022)

Unopposed MOTION for Extension of Time to File (Serve) Non-Infringement and Invalidity Contentions by Anika Therapeutics, Inc., Parcus Medical, LLC. (Bain, Joseph) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 04/29/2022)

CERTIFICATE of interested persons and corporate disclosure statement by Anika Therapeutics, Inc. (Bain, Joseph) (Entered: 04/29/2022)

ENDORSED ORDER granting 39 defendants' unopposed motion for extension of time. By May 6, 2022, defendants will serve their disclosure of non-infringement and invalidity contentions. Signed by Magistrate Judge Nicholas P. Mizell on 4/29/2022. (GSK) (Entered: 04/29/2022)

ANSWER and affirmative defenses with Jury Demand to 33 Amended Complaint by Anika Therapeutics, Inc., Parcus Medical, LLC.(Bain, Joseph) (Entered: 04/29/2022)

Order on Motion for Extension of Time to File

Unopposed MOTION for Brian S. Tobin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19528757 for $150 by Arthrex, Inc. (Seewald, Jeanne) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 05/03/2022)

PROOF of service by Arthrex, Inc. (Fleetham, Jessica) Modified to reflect counsel has been request to refile under the correct case event on 5/11/2022 (JK). (Entered: 05/11/2022)

RETURN of service executed on 04/18/2022 by Arthrex, Inc. as to Anika Therapeutics, Inc. (Fleetham, Jessica) (Entered: 05/11/2022)

Unopposed MOTION for One-Week Extension of certain case-related deadlines by All Defendants. (Adams, Eric) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified to as to docket text and to remove all caps in docket text on 6/16/2022 (JK). (Entered: 06/15/2022)

ENDORSED ORDER granting 47 defendants' unopposed motion for extension of certain case-related deadlines. The court will enter a first amended CMSO by separate notice. Signed by Magistrate Judge Nicholas P. Mizell on 6/17/2022. (GSK) (Entered: 06/17/2022)

Order on Motion for Miscellaneous Relief

FIRST AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: See Order for deadlines (PATENT CASE) Signed by Magistrate Judge Nicholas P. Mizell on 6/21/2022. (WRW) (Entered: 06/21/2022)

Joint MOTION to Modify In-Person Meet and Confer Requirement Regarding Claim Construction Due to COVID Concerns by Arthrex, Inc. (Tobin, Brian) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 06/28/2022)

Order on Motion to Amend / Correct / Modify / Supplement

NOTICE of hearing: Construction Claim Hearing set for 10/6/2022 at 09:30 AM in Tampa Courtroom TBD before Judge John L. Badalamenti. (JGG) (Entered: 07/06/2022)

Notice of hearing

NOTICE of Joint Claim Construction Statement by Arthrex, Inc. (Attachments: # 1 Exhibit A - Joint Claim Construction Chart)(Tobin, Brian) Modified as to docket text on 7/12/2022 (JK). (Entered: 07/08/2022)

DEFENDANT'S BRIEF re 54 Notice (Other) Claim Construction Brief filed by Anika Therapeutics, Inc., Parcus Medical, LLC. (Bain, Joseph) (Entered: 07/29/2022)

PLAINTIFF'S Claim Construction Response BRIEF re 56 Brief filed by Arthrex, Inc.. (Attachments: # 1 Exhibit 13 - Declaration of Dr. Geoffrey B. Higgs, M.D.)(Cho, Anthony) Modified on 9/13/2022 to edit docket text to reflect document title (SEH). (Entered: 08/19/2022)

JOINT PRE-HEARING STATEMENT (Tobin, Brian) Modified on 8/29/2022 to edit docket text to reflect pleading title (SEH). (Entered: 08/26/2022)

NOTICE of hearing: TECHNOLOGY TUTORIAL set for OCTOBER 5, 2022, at 10:00 AM before Judge John L. Badalamenti (courtroom to be determined). Please also note that the "Claim Construction Hearing" scheduled for 10/6/2022 will now begin at 10:00 a.m. instead of 9:30 a.m. (SRC) (Entered: 09/23/2022)

Notice of hearing

Unopposed MOTION for Extension of Time to Respond by Anika Therapeutics, Inc., Parcus Medical, LLC. (Adams, Eric) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified as to docket text on 10/3/2022 (JK). (Entered: 09/29/2022)

*Order no pdf

Order on Motion for Discovery

NOTICE Regarding the Scheduling of the Claim Construction Tutorial and Hearing by Arthrex, Inc. re 63 Order (Cho, Anthony) Modified as to docket text on 10/4/2022 (JK). (Entered: 10/03/2022)

NOTICE Regarding Hardships Due to Hurricane Ian by Anika Therapeutics, Inc., Parcus Medical, LLC re 63 Order (Bain, Joseph) Modified as to docket text on 10/4/2022 (JK). (Entered: 10/03/2022)

NOTICE of Appearance by Phoebe Sarah Wise on behalf of Arthrex, Inc. (Wise, Phoebe) (Entered: 10/03/2022)

*Order no pdf

Joint NOTICE regarding scheduling of mediation to be held on October 28, 2022 before James M. Matulis. (Tobin, Brian) (Modified on 10/14/2022 to edit text) (SJW). (Entered: 10/13/2022)

NOTICE of hearing: Claim Construction Hearing set for NOVEMBER 9, 2022, at 10:30 AM by Zoom Video Conference before Judge John L. Badalamenti. Participants will receive a Zoom invitation by separate email. (3 hours reserved) (SRC) (Entered: 10/25/2022)

Notice of hearing

MEDIATION report Hearing held on October 28, 2022. Hearing outcome: Impasse. (Matulis, James) (Entered: 10/31/2022)

Unopposed MOTION to Continue The November 9, 2022 Claims Construction Hearing and Related Request for Rule 16 Conferemce by All Defendants. (Adams, Eric) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 11/01/2022)

Notice of rescheduling hearing

Anika Therapeutics, Inc.

Parcus Medical, LLC

Arthrex, Inc.