Baxa Corporation v. Forhealth Technologies, Inc.

6:06-cv-00353

Overview

Case Number 6:06-cv-00353

Filing Date 2006-03-20

Status Terminated

Termination Date 2008-08-31

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

Presiding Judge Patricia C. Fawsett

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

Forhealth Technologies, Inc.

Represented By

9 Attorneys Listed

Y Jae Kim

Darby & Darby, PC

Tel: +1 (212) 527-7700

Fax: +1 (212) 527-7701

7 World Trade Center, 250 Greenwich St

William Frank Carroll

Winstead, PC

Tel: +1 (214) 747-5106

Fax: +1 (214) 745-5390

2728 N Harwood St, Dallas, TX 75201

Michael John Colitz , III

GrayRobinson, PA

Tel: +1 (813) 273-5298

Fax: +1 (813) 273-5145

GrayRobinson, PA, 401 E Jackson St Ste 2700

James Steven Toscano

Email: jim.toscano@lowndes-law.com

Tel: +1 (407) 843-4600

Fax: +1 (407) 843-4444

Lowndes, Drosdick, Doster, Kantor & Reed, PA, 215 N Eola Dr

David Leason

Darby & Darby, PC

Tel: +1 (212) 527-7700

Fax: +1 (212) 527-7701

7 World Trade Center, 250 Greenwich St

Terry C. Young

Email: terry.young@lowndes-law.com

Tel: +1 (407) 418-6347

Fax: +1 (407) 843-4444

Lowndes, Drosdick, Doster, Kantor & Reed, PA, 215 N Eola Dr

Steven E. Lipman

Darby & Darby, PC

Tel: +1 (212) 527-7700

Fax: +1 (212) 527-7701

7 World Trade Center, 250 Greenwich St

Stefan Vaughn Stein

GrayRobinson, PA

Tel: +1 (813) 273-5078

Fax: +1 (813) 273-5145

GrayRobinson, PA, 401 E Jackson St Ste 2700

James E. Hanft

Darby & Darby, PC

Tel: +1 (212) 527-7700

Fax: +1 (212) 527-7701

7 World Trade Center, 250 Greenwich St

Plaintiff

Baxa Corporation

Represented By

8 Attorneys Listed

Richard E. Mitchell

GrayRobinson, PA

Fax: +1 (407) 244-5690

GrayRobinson, PA, 301 E Pine St Ste 1400

E. Joseph Benz , III

Townsend & Townsend & Crew, LLP

Tel: +1 (303) 571-4000

Fax: +1 (303) 571-4321

Suite 600, 1400 Wewatta Street

Daniel E. Traver

GrayRobinson, PA

Tel: +1 (407) 244-5625

Fax: +1 (407) 244-5690

GrayRobinson, PA, 301 E Pine St Ste 1400

Richard A. Illmer

Brown McCarroll, LLP

Tel: +1 (214) 999-6100

Fax: +1 (214) 999-6170

Suite 2000, 2001 Ross Ave

Michael D. Porter

US Attorney's Office - TNE

Tel: +1 (423) 752-5140

Fax: +1 (423) 752-5150

Suite 301, 1110 Market St

Kenneth S. Chang

Adsero IP

Tel: +1 (303) 268-0066

Fax: +1 (303) 268-0065

Adsero IP, 8210 Southpark Terrace

David E. Sipiora

Townsend & Townsend & Crew, LLP

Tel: +1 (303) 571-4000

Fax: +1 (303) 571-4321

Suite 600, 1400 Wewatta Street

Amanda Lee Swaim

Townsend & Townsend & Crew, LLP

Tel: +1 (303) 607-3368

Fax: +1 (303) 571-4321

Suite 600, 1400 Wewatta Street

Court & Judges

Court

District Court, M.D. Florida (flmd)

Presiding Judge

Patricia C. Fawsett

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Case transferred in from the Northern District of Texas; Case Number 3:05-cv-2274-D. Certified copy of transfer order and docket sheet received; document numbers 1 through 45.(JRM) (Entered: 03/22/2006)

2006-03-20

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COMPLAINT against Forhealth Technologies, Inc.; jury demand, filed by Baxa Corporation. (Attachments: (1), (2) and (3)) (Originally filed in the Northern District of Texas as doc. no. 1)(JRM) (Entered: 03/22/2006)

2006-03-20

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ANSWER and affirmative defenses to complaint with Jury Demand, COUNTERCLAIM against Baxa Corporation, by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 8)(JRM) (Entered: 03/22/2006)

2006-03-20

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ANSWER and affirmative defenses to counterclaim by Baxa Corporation. Related document: 3 Answer to complaint, Counterclaim filed by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 12)(JRM) (Entered: 03/22/2006)

2006-03-20

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Baxa Corporation v. Forhealth Technologies, Inc.

Overview

Parties

Defendant

Forhealth Technologies, Inc. Follow

Represented By

Plaintiff

Baxa Corporation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Case transferred in from the Northern District of Texas; Case Number 3:05-cv-2274-D. Certified copy of transfer order and docket sheet received; document numbers 1 through 45.(JRM) (Entered: 03/22/2006)

COMPLAINT against Forhealth Technologies, Inc.; jury demand, filed by Baxa Corporation. (Attachments: (1), (2) and (3)) (Originally filed in the Northern District of Texas as doc. no. 1)(JRM) (Entered: 03/22/2006)

ANSWER and affirmative defenses to complaint with Jury Demand, COUNTERCLAIM against Baxa Corporation, by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 8)(JRM) (Entered: 03/22/2006)

ANSWER and affirmative defenses to counterclaim by Baxa Corporation. Related document: 3 Answer to complaint, Counterclaim filed by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 12)(JRM) (Entered: 03/22/2006)

MOTION to stay pending completion of patent reexamination by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 14) (JRM) (Entered: 03/22/2006)

MEMORANDUM in support re 5 Motion to stay filed by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 15) (JRM) (Entered: 03/22/2006)

APPENDIX re 5 MOTION to stay pending completion of patent reexamination by Forhealth Technologies, Inc. (filed separately). (Attachment: #(1) Exhibits) (Originally filed in the Northern District of Texas as doc. no. 16)(JRM) (Entered: 03/22/2006)

FIRST AMENDED OPPOSED MOTION to amend 2 Complaint by Baxa Corporation. (Attachments: 1, 2 and 3) (Originally filed in the Northern District of Texas as doc. no. 20)(JRM) (Entered: 03/22/2006)

RESPONSE in opposition re 5 MOTION to stay pending completion of patent reexamination filed by Baxa Corporation. (Originally filed in the Northern District of Texas as doc. no. 32) (JRM) (Entered: 03/22/2006)

AMENDED APPENDIX re 9 Response in opposition to motion by Baxa Corporation. (Originally filed in the Northern District of Texas as doc. no. 34) (JRM) (Entered: 03/22/2006)

MOTION to extend time to to respond to discovery requests by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 35) (JRM) (Entered: 03/22/2006)

RESPONSE in opposition re 11 MOTION to extend time to to respond to discovery requests and CROSS-MOTION to compel defendant's participation in discovery filed by Baxa Corporation. (Originally filed in the Northern District of Texas as doc. no. 39) (JRM) (Entered: 03/22/2006)

CROSS-MOTION to compel defendant's participation in discovery by Baxa Corporation. (Originally filed in the Northern District of Texas as doc. no. 39) (JRM) (Entered: 03/22/2006)

APPENDIX re 13 MOTION to compel, 12 Response in opposition to motion by Baxa Corporation. (Originally filed in the Northern District of Texas as doc. no. 40) (JRM) (Entered: 03/22/2006)

AMENDED APPENDIX re 15 Reply to response to motion by Forhealth Technologies, Inc. (Originally filed in the Northern District of Texas as doc. no. 45) (JRM) Modified on 3/29/2006 (JRM) (Document stricken pursuant to Order at doc. no. 29) (Entered: 03/22/2006)

ORDER OF TRANSFER from the Northern District of Texas, with scanned copy of docket sheet attached. (JRM) (Entered: 03/22/2006)

NOTICE to counsel of new case number and judge assignment (signed by deputy clerk). (JRM) (Entered: 03/22/2006)

NOTICE to counsel of Local Rule 2.02 (signed by deputy clerk). (JRM) (Entered: 03/22/2006)

NOTICE of Appearance by Richard E. Mitchell on behalf of Baxa Corporation, Baxa Corporation (Mitchell, Richard) (Entered: 03/22/2006)

RESPONSE in opposition re 13 MOTION to compel Defendant's Opposition to Plaintiff Baxa Corporation's Cross Motion to Compel Participation in Discovery filed by Forhealth Technologies, Inc.. (Young, Terry) (Entered: 03/24/2006)

MOTION for David E. Sipiora and E. Joseph Benz, III, to appear pro hac vice by Richard E. Mitchell on behalf of Baxa Corporation. (Mitchell, Richard) Modified on 3/28/2006 (JRM) (Entered: 03/28/2006)

APPEARANCE of non-resident counsel and designation of local counsel by Richard E. Mitchell on behalf of Baxa Corporation. Local Counsel: Richard E. Mitchell. Non-Resident Counsel: David E. Sipiora. (Mitchell, Richard) (Entered: 03/28/2006)

APPEARANCE of non-resident counsel and designation of local counsel by Richard E. Mitchell on behalf of Baxa Corporation. Local Counsel: Richard E. Mitchell. Non-Resident Counsel: E. Joseph Benz. (Mitchell, Richard) (Entered: 03/28/2006)

NOTICE by Baxa Corporation of Consent of Designee Local Counsel Regarding the Appearance of Non-Resident Attorneys David E. Sipiora, Esq. and E. Joseph Benz, III, Esq. (Mitchell, Richard) (Entered: 03/28/2006)

INTERESTED PERSONS ORDER:Response due within (11) days of the date of this Order. Signed by Judge Patricia C. Fawsett on 3/28/2006. (Copies mailed to David Sipiora, E. Joseph Benz, III, Richard Illmer, David Leason, James E. Hanft)(NBL) (Entered: 03/28/2006)

ORDER denying as moot 5 Motion to stay, granting 8 motion to amend/correct. Docket Numbers 15 and 16 shall be stricken from the record by the Clerk as unauthorized pleadings pursuant to Local Rule 3.01. Signed by Judge Patricia C. Fawsett on 3/28/2006. (Fawsett, Patricia) (Entered: 03/28/2006)

ORDER denying as moot 11 motion to extend time, and denying as moot 13 motion to compel. On March 28, 2006, this Court granted 28 leave to amend 8 and denied the stay 5 as moot. Signed by Judge James G. Glazebrook on 4/3/2006. (Glazebrook, James) (Entered: 04/03/2006)

CERTIFICATE of interested persons and corporate disclosure statement by Baxa Corporation. (Mitchell, Richard) (Entered: 04/05/2006)

NOTICE of pendency of other actions re order of compliance to Local Rule by Baxa Corporation Related case(s): yes (Mitchell, Richard) (Entered: 04/05/2006)

MOTION to stay Pending Completion of Patent Reexamination and Incorporated Memorandum of Law and Request for Oral Argument by Forhealth Technologies, Inc.. (Attachments: # 1 Exhibit 1-7# 2 Exhibit 8-14# 3 Exhibit 15-20# 4 Exhibit 21-25)(Toscano, James) (Entered: 04/05/2006)

Remark: Docket Number 32 has been reviewed. (Fawsett, Patricia) (Entered: 04/06/2006)

AMENDED COMPLAINT against Forhealth Technologies, Inc., filed by Baxa Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Benz, E.) (Entered: 04/11/2006)

MOTION for Steven Lipman and James E. Hanft to appear pro hac vice by James Steven Toscano on behalf of Forhealth Technologies, Inc. (Toscano, James) Modified on 4/12/2006 (JRM) (Entered: 04/11/2006)

CERTIFICATE of interested persons and corporate disclosure statement by Forhealth Technologies, Inc.. (Toscano, James) (Entered: 04/13/2006)

NOTICE of pendency of other actions re order of compliance to Local Rule by Forhealth Technologies, Inc. Related case(s): no (Toscano, James) (Entered: 04/13/2006)

MOTION for Richard A. Illmer to withdraw as attorney for plaintiff Baxa Corporation. (JRM) (Entered: 04/18/2006)

ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) 43 Motion to withdraw as attorney. Signed by Judge James G. Glazebrook on 4/18/2006. (BH) (Entered: 04/18/2006)

RESPONSE in opposition re 34 MOTION to stay Pending Completion of Patent Reexamination and Incorporated Memorandum of Law and Request for Oral Argument filed by Baxa Corporation. (Benz, E.) (Entered: 04/18/2006)

Remark: Docket Number 41 has been reviewed. (Fawsett, Patricia) (Entered: 04/18/2006)

MOTION to substitute attorney by all defendants. (Attachments: # 1 Text of Proposed Order)(Stein, Stefan) (Entered: 04/24/2006)

MOTION for William Frank Carroll and the law firm of Winstead Sechrest & Minick to withdraw as attorney by Forhealth Technologies, Inc. (JRM) (Entered: 04/24/2006)

ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) and 2.03(b) 49 MOTION for William Frank Carroll to withdraw as attorney. Signed by Judge James G. Glazebrook on 4/25/2006. (BJP) (Entered: 04/25/2006)

Joint MOTION for Case Management Conference by Baxa Corporation. (Mitchell, Richard) (Entered: 05/04/2006)

MOTION to compel Defendant ForHealth Technologies, Inc. to Participate in Discovery by Baxa Corporation. (Attachments: # 1 Exhibit A-F)(Mitchell, Richard) (Entered: 05/04/2006)

UNOPPOSED MOTION for Richard A. Illmer to withdraw as attorney by Baxa Corporation. (RDO) (Entered: 05/05/2006)

ORDER granting 54 Unopposed Motion for Richard A. Illmer to Withdraw as Counsel for Plaintiff Baxa Corporation. Signed by Judge James G. Glazebrook on 5/8/2006. (BH) (Entered: 05/08/2006)

ORDER denying without prejudice 53 Plaintiff's Motion to Compel Defendant ForHealth Technologies, Inc. to Participate in Discovery. See Docket No. 55. Signed by Judge James G. Glazebrook on 5/8/2006. (BH) (Entered: 05/08/2006)

Remark: Attorneys David Leason, William Frank Carroll and Y Jae Kim will no longer receive Court copies due to failing to comply with this Court's Order at docket number 37, filed on 4/11/2006. (NBL)

STATUS REPORT by Baxa Corporation. (Mitchell, Richard) (Entered: 08/01/2006)

Remark: Docket Number 58 has been reviewed. (Fawsett, Patricia) (Entered: 08/02/2006)

STATUS REPORT by Baxa Corporation. (Mitchell, Richard) (Entered: 10/31/2006)

Remark: Docket Number 60 has been reviewed. (Fawsett, Patricia) (Entered: 11/02/2006)

STATUS REPORT by Baxa Corporation. (Mitchell, Richard) (Entered: 01/30/2007)

Remark; Docket Number 62 has been reviewed. (Fawsett, Patricia) (Entered: 01/30/2007)

MOTION to Partially Lift Stay and Incoroporated Memorandum of Law by Baxa Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Mitchell, Richard) (Entered: 03/02/2007)

NOTICE of Appearance by Michael John Colitz, III on behalf of Forhealth Technologies, Inc. (Colitz, Michael) (Entered: 03/19/2007)

MEMORANDUM in opposition re 64 Motion for miscellaneous relief filed by Forhealth Technologies, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Colitz, Michael) (Entered: 03/19/2007)

REQUEST for oral argument (Unopposed) on Plaintiff's 64 Motion to Partially Lift Stay by Baxa Corporation. (Mitchell, Richard) Modified on 3/23/2007 (JRM) (Entered: 03/22/2007)

Unopposed MOTION for leave to file Reply by Baxa Corporation. (Porter, Michael) (Entered: 03/23/2007)

ORDER denying 64 Baxa's Motion to partially lift stay and denying 67 Baxa's Motion for oral argument. Signed by Judge Patricia C. Fawsett on 3/23/2007. (JRM) (Entered: 03/26/2007)

ORDER denying as moot 68 Motion for leave to file. Signed by Judge Patricia C. Fawsett on 3/26/2007. (Fawsett, Patricia) (Entered: 03/26/2007)

Unassigned Magistrate added. Judge James G. Glazebrook no longer assigned to case. (JRM)

Unopposed MOTION for Kenneth S. Chang to appear pro hac vice by Baxa Corporation. (Mitchell, Richard) Motions referred to Magistrate Judge Unassigned Magistrate. (Entered: 06/13/2007)

APPEARANCE of non-resident counsel and designation of local counsel by Richard E. Mitchell on behalf of Baxa Corporation. Local Counsel: Richard E. Mitchell. Non-Resident Counsel: Kenneth S. Chang. (Mitchell, Richard) (Entered: 06/13/2007)

Unopposed MOTION for E. Joseph Benz, III to withdraw as attorney by Baxa Corporation. (Mitchell, Richard) Motions referred to Magistrate Judge Unassigned Magistrate. (Entered: 07/12/2007)

ORDER granting 74 Unopposed Motion for E. Joseph Benz, III to Withdraw as Attorney. Signed by Judge Donald Paul Dietrich on 7/13/2007. (BH) (Entered: 07/13/2007)

MOTION for leave to file second amended complaint and MOTION to lift stay by Baxa Corporation. (Attachments: # 1 Exhibit A# 2 # 3)(Porter, Michael) Modified on 11/9/2007 (JRM) (Entered: 11/08/2007)

RESPONSE in opposition re 76 MOTION to amend/correct and to lift stay filed by Forhealth Technologies, Inc.. (Stein, Stefan) (Entered: 11/21/2007)

Forhealth Technologies, Inc.

Baxa Corporation