Boston Scientific SciMed, Inc. v. Edwards Lifesciences LLC

Application Number	Patent Number	External Links
-	US8992608	Espacenet Google Patents

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Edwards Lifesciences LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2473634.) - filed by Boston Scientific SciMed, Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(sar) (Entered: 10/04/2018)

2018-10-03

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 10/04/2018)

2018-10-03

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,992,608 B2. (sar) (Entered: 10/04/2018)

2018-10-03

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Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Boston Scientific Corporation for Boston Scientific SciMed, Inc. filed by Boston Scientific SciMed, Inc.. (sar) (Entered: 10/04/2018)

2018-10-03

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Summons Issued with Magistrate Consent Notice attached as to Edwards Lifesciences LLC on 10/4/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar)

2018-10-04

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SUMMONS Returned Executed by Boston Scientific SciMed, Inc.. Edwards Lifesciences LLC served on 10/8/2018, answer due 10/29/2018. (Pascale, Karen) (Entered: 10/09/2018)

2018-10-09

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MOTION to Consolidate Cases - filed by Boston Scientific SciMed, Inc.. (Attachments: # 1 D. Del. Local Rule 7.1.1 Certification, # 2 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Pascale, Karen) (Entered: 10/10/2018)

2018-10-10

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OPENING BRIEF in Support re 6 MOTION to Consolidate Cases filed by Boston Scientific SciMed, Inc..Answering Brief/Response due date per Local Rules is 10/24/2018. (Pascale, Karen) (Entered: 10/10/2018)

2018-10-10

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CASE REFERRED to Magistrate Judge Sherry R. Fallon. (rjb)

2018-10-10

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Case Assigned to Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska, due to related case. Please include the initials of the Judge (JFB) after the case number on all documents filed. (rjb)

2018-10-10

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ORAL ORDER: Pursuant to the filing of this case, the Court issues the following order: This case shall be immediately referred to Magistrate Judge Sherry R. Fallon. Magistrate Judge Fallon shall issue a scheduling order when appropriate. Magistrate Judge Fallon shall handle all dispositive and nondispositive matters on all issues, including claim construction, except for summary judgments, Daubert motions and pretrial motions in limine. On all dispositive matters, the magistrate judge shall issue a report and recommendation. The parties have the right to file objections to the report and recommendation, or in the case of nondispositive matters, file an appeal of the magistrate judge's order, and the same shall be decided by the undersigned. The magistrate judge shall likewise handle all discovery matters, scheduling, and pretrial conferences. If the parties believe the magistrate judge has a conflict of interest with this case, the parties shall so notify the Court. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 10/11/18. (Villatoro, Ashley)

2018-10-11

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[SEALED] ANSWERING BRIEF in Opposition re 6 MOTION to Consolidate Cases filed by Edwards Lifesciences LLC.Reply Brief due date per Local Rules is 10/31/2018. (Egan, Brian) (Entered: 10/24/2018)

2018-10-24

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MOTION to Dismiss for Failure to State a Claim - filed by Edwards Lifesciences LLC. Motions referred to Sherry R. Fallon.(Egan, Brian) (Entered: 10/25/2018)

2018-10-25

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OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Edwards Lifesciences LLC.Answering Brief/Response due date per Local Rules is 11/8/2018. (Egan, Brian) (Entered: 10/25/2018)

2018-10-25

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DECLARATION of Megan E. Dellinger re 9 MOTION to Dismiss for Failure to State a Claim by Edwards Lifesciences LLC. (Attachments: # 1 Exhibits 1-5)(Egan, Brian) Modified on 10/26/2018 (lih). (Entered: 10/25/2018)

2018-10-25

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MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent - filed by Edwards Lifesciences LLC. Motions referred to Sherry R. Fallon.(Egan, Brian) Modified on 10/26/2018 (lih). (Entered: 10/25/2018)

2018-10-25

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[SEALED] OPENING BRIEF in Support re 12 MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent filed by Edwards Lifesciences LLC.Answering Brief/Response due date per Local Rules is 11/8/2018. (Egan, Brian) Modified on 10/26/2018 (lih). (Entered: 10/25/2018)

2018-10-25

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DECLARATION of Brian P. Egan re 12 MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent by Edwards Lifesciences LLC. (Attachments: # 1 Exhibits 1-16)(Egan, Brian) Modified on 10/26/2018 (lih). (Entered: 10/25/2018)

2018-10-25

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Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Edwards Lifesciences Corporation for Edwards Lifesciences LLC filed by Edwards Lifesciences LLC. (Egan, Brian) (Entered: 10/29/2018)

2018-10-29

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REDACTED VERSION of 8 Answering Brief in Opposition by Edwards Lifesciences LLC. (Egan, Brian) Modified on 10/31/2018 (lih). (Entered: 10/31/2018)

2018-10-31

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MOTION for Pro Hac Vice Appearance of Attorney Nicholas P. Groombridge, Catherine Nyarady, Kira A. Davis, Kripa Raman, Jenny C. Wu, Allison C. Penfield and Michael F. Milea - filed by Edwards Lifesciences LLC. Motions referred to Sherry R. Fallon.(Egan, Brian) (Entered: 10/31/2018)

2018-10-31

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REDACTED VERSION of 13 Opening Brief in Support by Edwards Lifesciences LLC. (Egan, Brian) Modified on 11/1/2018 (lih). (Entered: 10/31/2018)

2018-10-31

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REPLY BRIEF re 6 MOTION to Consolidate Cases filed by Boston Scientific SciMed, Inc.. (Pascale, Karen) (Entered: 10/31/2018)

2018-10-31

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SO ORDERED- re 17 MOTION for Pro Hac Vice Appearance of Attorney Nicholas P. Groombridge, Catherine Nyarady, Kira A. Davis, Kripa Raman, Jenny C. Wu, Allison C. Penfield and Michael F. Milea. Signed by Judge Sherry R. Fallon on 11/5/2018. (lih)

2018-11-05

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ANSWERING BRIEF in Opposition re 12 MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent filed by Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 11/15/2018. (Pascale, Karen) Modified on 11/9/2018 (lih). (Entered: 11/08/2018)

2018-11-08

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[SEALED] DECLARATION of Karen L. Pascale re 20 Answering Brief in Opposition by Boston Scientific SciMed, Inc.. (Attachments: # 1 Exhibit 1-3)(Pascale, Karen) Modified on 11/9/2018 (lih). (Entered: 11/08/2018)

2018-11-08

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ANSWERING BRIEF in Opposition re 9 MOTION to Dismiss for Failure to State a Claim filed by Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 11/15/2018. (Pascale, Karen) (Entered: 11/08/2018)

2018-11-08

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MEMORANDUM ORDER- DENYING (471 in 1:16-cv-00275-JFB-SRF; 6 in 1:18-cv-01535-JFB-SRF) MOTION to Consolidate Cases. Signed by Judge Sherry R. Fallon on 11/9/2018.This order has been emailed to local counsel. Associated Cases: 1:16-cv-00275-JFB-SRF, 1:18-cv-01535-JFB-SRF(lih) Modified on 11/19/2018 (lih). (Main Document 23 replaced on 11/19/2018) (lih). (Entered: 11/09/2018)

2018-11-09

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REDACTED VERSION of 21 Declaration by Boston Scientific SciMed, Inc.. (Attachments: # 1 Exhibit 1-3)(Pascale, Karen) (Entered: 11/15/2018)

2018-11-15

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REPLY BRIEF re 12 MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent filed by Edwards Lifesciences LLC. (Attachments: # 1 Exhibit 1)(Dellinger, Megan) Modified on 11/16/2018 (lih). (Entered: 11/15/2018)

2018-11-15

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[SEALED] REPLY BRIEF re 9 MOTION to Dismiss for Failure to State a Claim filed by Edwards Lifesciences LLC. (Egan, Brian) (Entered: 11/15/2018)

2018-11-15

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[SEALED] DECLARATION of Megan E. Dellinger re 26 Reply Brief by Edwards Lifesciences LLC. (Attachments: # 1 Exhibits 1-3)(Egan, Brian) Modified on 11/16/2018 (lih). (Entered: 11/15/2018)

2018-11-15

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Pro Hac Vice Attorney Kira A. Davis,Nicholas P. Groombridge,Michael F. Milea,Catherine Nyarady,Allison C. Penfield,Kripa Raman,Jenny C. Wu for Edwards Lifesciences LLC 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)

2018-11-15

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Joint Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding the unsealing of the Memorandum Order of November 9, 2018 - re (498 in 1:16-cv-00275-JFB-SRF, 23 in 1:18-cv-01535-JFB-SRF) Memorandum and Order,. (Pascale, Karen) (Entered: 11/16/2018)

2018-11-16

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Remark: The sealed memorandum order filed on 11/9/2018 has been unsealed per D.I. 514 . Associated Cases: 1:16-cv-00275-JFB-SRF, 1:18-cv-01535-JFB-SRF(lih)

2018-11-19

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OBJECTIONS by Boston Scientific SciMed, Inc. to (498 in 1:16-cv-00275-JFB-SRF, 23 in 1:18-cv-01535-JFB-SRF) Memorandum Order. (Pascale, Karen) Modified on 11/26/2018 (lih). (Entered: 11/23/2018)

2018-11-23

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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 # 26 and 27 . (lih)

2018-11-26

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MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, Attorney Edward Han, Attorney Marc A. Cohn, Attorney Amy DeWitt, Attorney William Z. Louden, Attorney Michael E. Kientzle and Attorney Philip W. Marsh - filed by Boston Scientific SciMed, Inc.. Motions referred to Sherry R. Fallon.(Pascale, Karen) (Entered: 11/28/2018)

2018-11-28

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SO ORDERED- re 30 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, Attorney Edward Han, Attorney Marc A. Cohn, Attorney Amy DeWitt, Attorney William Z. Louden, Attorney Michael E. Kientzle and Attorney Philip W. Marsh. Signed by Judge Sherry R. Fallon on 11/29/2018. (lih)

2018-11-29

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ORAL ORDER- re 26 Sealed Reply Brief and 27 Sealed Declaration. The time for compliance with the court's deadline for submission of redactions to the aforementioned documents, filed under seal, having expired on 11/22/2018, without a request for an extension for good cause, IT IS HEREBY ORDERED that D.I. numbers 26 and 27 will be unsealed for viewing on the public docket on 12/10/2018. Ordered by Judge Sherry R. Fallon on 12/3/2018. (lih)

2018-12-03

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[SEALED] RESPONSE TO OBJECTIONS by Edwards Lifesciences LLC, Edwards Lifesciences Corporation re (529 in 1:16-cv-00275-JFB-SRF, 29 in 1:18-cv-01535-JFB-SRF) Objections . (Dellinger, Megan) (Entered: 12/07/2018)

2018-12-07

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Pro Hac Vice Attorney Michael E. Kientzle,William Z. Louden,Edward Han,Philip W. Marsh,Marc A. Cohn,Matthew M. Wolf,Amy DeWitt for Boston Scientific SciMed, 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. (lak)

2018-12-07

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REDACTED VERSION of 26 Reply Brief by Edwards Lifesciences LLC. (Egan, Brian) Modified on 12/11/2018 (lih). (Entered: 12/10/2018)

2018-12-10

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REDACTED VERSION of 27 Declaration by Edwards Lifesciences LLC. (Attachments: # 1 Exhibit 1-3)(Egan, Brian) Modified on 12/11/2018 (lih). (Entered: 12/10/2018)

2018-12-10

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REDACTED VERSION of (554 in 1:16-cv-00275-JFB-SRF, 31 in 1:18-cv-01535-JFB-SRF) Response to Objections by Edwards Lifesciences Corporation, Edwards Lifesciences LLC. (Dellinger, Megan) (Entered: 12/14/2018)

2018-12-14

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STIPULATION of Dismissal Pursuant to Fed. R. Civ. P. 41 by Boston Scientific SciMed, Inc.. (Pascale, Karen) Modified on 1/16/2019 (lih). (Entered: 01/16/2019)

2019-01-16

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ORDER DISMISSING CASE per the parties' joint stipulation for dismissal (D.I. 35 ). All claims and counterclaims in this action are dismissed with prejudice with each party to bear its own attorneys fees and costs. (copy to pltf.) (CASE CLOSED). Signed by Judge Joseph F. Bataillon on 1/18/2019. (nmg) (Entered: 01/18/2019)

2019-01-18

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Overview

Parties

Defendant

Edwards Lifesciences LLC Follow

Represented By

Plaintiff

Boston Scientific SciMed, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Edwards Lifesciences LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2473634.) - filed by Boston Scientific SciMed, Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(sar) (Entered: 10/04/2018)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 10/04/2018)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,992,608 B2. (sar) (Entered: 10/04/2018)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Boston Scientific Corporation for Boston Scientific SciMed, Inc. filed by Boston Scientific SciMed, Inc.. (sar) (Entered: 10/04/2018)

Summons Issued with Magistrate Consent Notice attached as to Edwards Lifesciences LLC on 10/4/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar)

SUMMONS Returned Executed by Boston Scientific SciMed, Inc.. Edwards Lifesciences LLC served on 10/8/2018, answer due 10/29/2018. (Pascale, Karen) (Entered: 10/09/2018)

MOTION to Consolidate Cases - filed by Boston Scientific SciMed, Inc.. (Attachments: # 1 D. Del. Local Rule 7.1.1 Certification, # 2 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Pascale, Karen) (Entered: 10/10/2018)

OPENING BRIEF in Support re 6 MOTION to Consolidate Cases filed by Boston Scientific SciMed, Inc..Answering Brief/Response due date per Local Rules is 10/24/2018. (Pascale, Karen) (Entered: 10/10/2018)

CASE REFERRED to Magistrate Judge Sherry R. Fallon. (rjb)

Case Assigned to Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska, due to related case. Please include the initials of the Judge (JFB) after the case number on all documents filed. (rjb)

[SEALED] ANSWERING BRIEF in Opposition re 6 MOTION to Consolidate Cases filed by Edwards Lifesciences LLC.Reply Brief due date per Local Rules is 10/31/2018. (Egan, Brian) (Entered: 10/24/2018)

MOTION to Dismiss for Failure to State a Claim - filed by Edwards Lifesciences LLC. Motions referred to Sherry R. Fallon.(Egan, Brian) (Entered: 10/25/2018)

OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Edwards Lifesciences LLC.Answering Brief/Response due date per Local Rules is 11/8/2018. (Egan, Brian) (Entered: 10/25/2018)

DECLARATION of Megan E. Dellinger re 9 MOTION to Dismiss for Failure to State a Claim by Edwards Lifesciences LLC. (Attachments: # 1 Exhibits 1-5)(Egan, Brian) Modified on 10/26/2018 (lih). (Entered: 10/25/2018)

MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent - filed by Edwards Lifesciences LLC. Motions referred to Sherry R. Fallon.(Egan, Brian) Modified on 10/26/2018 (lih). (Entered: 10/25/2018)

DECLARATION of Brian P. Egan re 12 MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent by Edwards Lifesciences LLC. (Attachments: # 1 Exhibits 1-16)(Egan, Brian) Modified on 10/26/2018 (lih). (Entered: 10/25/2018)

Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Edwards Lifesciences Corporation for Edwards Lifesciences LLC filed by Edwards Lifesciences LLC. (Egan, Brian) (Entered: 10/29/2018)

REDACTED VERSION of 8 Answering Brief in Opposition by Edwards Lifesciences LLC. (Egan, Brian) Modified on 10/31/2018 (lih). (Entered: 10/31/2018)

MOTION for Pro Hac Vice Appearance of Attorney Nicholas P. Groombridge, Catherine Nyarady, Kira A. Davis, Kripa Raman, Jenny C. Wu, Allison C. Penfield and Michael F. Milea - filed by Edwards Lifesciences LLC. Motions referred to Sherry R. Fallon.(Egan, Brian) (Entered: 10/31/2018)

REDACTED VERSION of 13 Opening Brief in Support by Edwards Lifesciences LLC. (Egan, Brian) Modified on 11/1/2018 (lih). (Entered: 10/31/2018)

REPLY BRIEF re 6 MOTION to Consolidate Cases filed by Boston Scientific SciMed, Inc.. (Pascale, Karen) (Entered: 10/31/2018)

SO ORDERED- re 17 MOTION for Pro Hac Vice Appearance of Attorney Nicholas P. Groombridge, Catherine Nyarady, Kira A. Davis, Kripa Raman, Jenny C. Wu, Allison C. Penfield and Michael F. Milea. Signed by Judge Sherry R. Fallon on 11/5/2018. (lih)

[SEALED] DECLARATION of Karen L. Pascale re 20 Answering Brief in Opposition by Boston Scientific SciMed, Inc.. (Attachments: # 1 Exhibit 1-3)(Pascale, Karen) Modified on 11/9/2018 (lih). (Entered: 11/08/2018)

ANSWERING BRIEF in Opposition re 9 MOTION to Dismiss for Failure to State a Claim filed by Boston Scientific SciMed, Inc..Reply Brief due date per Local Rules is 11/15/2018. (Pascale, Karen) (Entered: 11/08/2018)

REDACTED VERSION of 21 Declaration by Boston Scientific SciMed, Inc.. (Attachments: # 1 Exhibit 1-3)(Pascale, Karen) (Entered: 11/15/2018)

REPLY BRIEF re 12 MOTION to Stay Proceedings Pending Final Resolution of the PTAB's Invalidation of the Asserted Claims of the '608 Patent filed by Edwards Lifesciences LLC. (Attachments: # 1 Exhibit 1)(Dellinger, Megan) Modified on 11/16/2018 (lih). (Entered: 11/15/2018)

[SEALED] REPLY BRIEF re 9 MOTION to Dismiss for Failure to State a Claim filed by Edwards Lifesciences LLC. (Egan, Brian) (Entered: 11/15/2018)

[SEALED] DECLARATION of Megan E. Dellinger re 26 Reply Brief by Edwards Lifesciences LLC. (Attachments: # 1 Exhibits 1-3)(Egan, Brian) Modified on 11/16/2018 (lih). (Entered: 11/15/2018)

Joint Letter to The Honorable Sherry R. Fallon from Karen L. Pascale regarding the unsealing of the Memorandum Order of November 9, 2018 - re (498 in 1:16-cv-00275-JFB-SRF, 23 in 1:18-cv-01535-JFB-SRF) Memorandum and Order,. (Pascale, Karen) (Entered: 11/16/2018)

Remark: The sealed memorandum order filed on 11/9/2018 has been unsealed per D.I. 514 . Associated Cases: 1:16-cv-00275-JFB-SRF, 1:18-cv-01535-JFB-SRF(lih)

OBJECTIONS by Boston Scientific SciMed, Inc. to (498 in 1:16-cv-00275-JFB-SRF, 23 in 1:18-cv-01535-JFB-SRF) Memorandum Order. (Pascale, Karen) Modified on 11/26/2018 (lih). (Entered: 11/23/2018)

SO ORDERED- re 30 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf, Attorney Edward Han, Attorney Marc A. Cohn, Attorney Amy DeWitt, Attorney William Z. Louden, Attorney Michael E. Kientzle and Attorney Philip W. Marsh. Signed by Judge Sherry R. Fallon on 11/29/2018. (lih)

[SEALED] RESPONSE TO OBJECTIONS by Edwards Lifesciences LLC, Edwards Lifesciences Corporation re (529 in 1:16-cv-00275-JFB-SRF, 29 in 1:18-cv-01535-JFB-SRF) Objections . (Dellinger, Megan) (Entered: 12/07/2018)

REDACTED VERSION of 26 Reply Brief by Edwards Lifesciences LLC. (Egan, Brian) Modified on 12/11/2018 (lih). (Entered: 12/10/2018)

REDACTED VERSION of 27 Declaration by Edwards Lifesciences LLC. (Attachments: # 1 Exhibit 1-3)(Egan, Brian) Modified on 12/11/2018 (lih). (Entered: 12/10/2018)

REDACTED VERSION of (554 in 1:16-cv-00275-JFB-SRF, 31 in 1:18-cv-01535-JFB-SRF) Response to Objections by Edwards Lifesciences Corporation, Edwards Lifesciences LLC. (Dellinger, Megan) (Entered: 12/14/2018)

STIPULATION of Dismissal Pursuant to Fed. R. Civ. P. 41 by Boston Scientific SciMed, Inc.. (Pascale, Karen) Modified on 1/16/2019 (lih). (Entered: 01/16/2019)

Track Case Updates

Edwards Lifesciences LLC

Boston Scientific SciMed, Inc.