Cellpro v. Baxter Intl Inc

2:92-cv-00715

Overview

Case Number 2:92-cv-00715

Filing Date 1992-04-28

Status Terminated

Termination Date 1994-04-20

Court District Court, W.D. Washington (wawd)

Presiding Judge Carolyn R. Dimmick

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:1338 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Johns Hopkins University

Represented By

1 Attorneys Listed

Donald J Manning

HELLER EHRMAN WHITE & MCAULIFFE

Tel: +1 (206) 447-0900

Fax: +1 (206) 447-0900

HELLER EHRMAN WHITE & MCAULIFFE, 701 5TH AVE

Becton Dickinson & Company

Represented By

4 Attorneys Listed

Stephen J. Lee

KENYON & KENYON

Tel: +1 (212) 425-7200

Fax: +1 (212) 425-7200

KENYON & KENYON, ONE BROADWAY

Kenneth E. Madsen

KENYON & KENYON

Tel: +1 (212) 425-7200

Fax: +1 (212) 425-7200

KENYON & KENYON, ONE BROADWAY

Donald R. Ware

ONE POST OFFICE SQUARE

Tel: +1 (617) 482-1390

Fax: +1 (617) 482-1390

FOLEY, HOAG & ELIOT, BOSTON, MA 92109

David Everett Wagoner

PERKINS COIE

Tel: +1 (206) 583-8888

Fax: +1 (425) 258-6261

PERKINS COIE, 1201 3RD AVE

Baxter Healthcare Corp

Represented By

3 Attorneys Listed

Thomas W. Burt

MICROSOFT CORP

Tel: +1 (425) 703-6323

MICROSOFT CORP, ONE MICROSOFT WAY

Stephen Elliott DeForest

RIDDELL & WILLIAMS

Tel: +1 (206) 624-3600

Fax: +1 (206) 624-3600

RIDDELL & WILLIAMS, 1001 4TH AVE PLAZA

Michael Sennett

BELL BOYD & LLOYD

Tel: +1 (312) 372-1121

BELL BOYD & LLOYD, 70 W MADISON ST

Baxter International Inc

Represented By

3 Attorneys Listed

Thomas W. Burt

MICROSOFT CORP

Tel: +1 (425) 703-6323

MICROSOFT CORP, ONE MICROSOFT WAY

Stephen Elliott DeForest

RIDDELL & WILLIAMS

Tel: +1 (206) 624-3600

Fax: +1 (206) 624-3600

RIDDELL & WILLIAMS, 1001 4TH AVE PLAZA

Michael Sennett

BELL BOYD & LLOYD

Tel: +1 (312) 372-1121

BELL BOYD & LLOYD, 70 W MADISON ST

Plaintiff

Cellpro

Represented By

3 Attorneys Listed

Roy L Anderson

LYON & LYON

Tel: +1 (213) 489-1600

Fax: +1 (213) 489-1600

LYON & LYON, 611 W 6TH ST

David Jon Maki

SEED INTELLECTUAL PROPERTY LAW GROUP PLLC

Tel: +1 (206) 622-4900

Fax: +1 (206) 622-4900

701 5TH AVE, STE 6300

Coe A Bloomberg

LYON & LYON

Tel: +1 (213) 489-1600

Fax: +1 (213) 489-1600

LYON & LYON, 611 W 6TH ST

Court & Judges

Court

District Court, W.D. Washington (wawd)

Presiding Judge

Carolyn R. Dimmick

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT for (1) Declaratory Relief of Patent Invalidity and Non-Infringement; (2) Tortious Interference w/ Business Expectancy; (3) Patent Misuse; (4) Sherman Act 1 Violation; (5) Sherman Act 2 Violation; (6) State Unfair Competition Violation; (7) State Antitrust Violation; (8) Actual Damages; (9) Punitive Damages; (Summons(es) issued) Receipt # 196093; jury demand (dktclk) (Entered: 04/29/1992)

1992-04-28

View

ENT-letter to plaintiff's cnsl (Coe A. Bloomberg) re non-resident counsel. (dktclk)

1992-04-30

No Actions

APPLICATION FOR ADMISSION to practice on behalf of Cellpro by Coe A. Bloomberg; Receipt #196339 (dktclk) Modified on 05/13/1992 (Entered: 05/13/1992)

1992-05-12

View

LODGED ORDER: re: application (dktclk)

1992-05-12

No Actions

Cellpro v. Baxter Intl Inc

Overview

Parties

Defendant

Johns Hopkins University Follow

Represented By

Becton Dickinson & Company Follow

Represented By

Baxter Healthcare Corp Follow

Represented By

Baxter International Inc Follow

Represented By

Plaintiff

Cellpro Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

ENT-letter to plaintiff's cnsl (Coe A. Bloomberg) re non-resident counsel. (dktclk)

APPLICATION FOR ADMISSION to practice on behalf of Cellpro by Coe A. Bloomberg; Receipt #196339 (dktclk) Modified on 05/13/1992 (Entered: 05/13/1992)

LODGED ORDER: re: application (dktclk)

ORDER by Judge Carolyn R. Dimmick; IT IS HEREBY ORDERED that Coe A. Bloomberg may appear as counsel for plt as requested in the Application for Permission to participate in the above-identified case. (cc: all counsel) (dktclk) (Entered: 05/13/1992)

RETURN of SERVICE by plaintiff Cellpro of upon Becton Dickinson & Co. (dktclk) (Entered: 05/14/1992)

RETURN of SERVICE by plaintiff Cellpro upon Baxter International, Inc. (dktclk) (Entered: 05/14/1992)

RETURN of SERVICE by plaintiff Cellpro upon Baxter Healthcare Corp. (dktclk) (Entered: 05/14/1992)

STIPULATION and ORDER EXTENDING TIME by Judge Carolyn R. Dimmick : (cc: It is hereby stipulated and agreed that the time within which defendants may respond to the complaint in this action shall be, and it hereby is, extended by 30 days to 6/19/92. all counsel) (dktclk) (Entered: 05/26/1992)

PROPOSED Stipulation and Proposed Order for an Extension of Time to Respond (dktclk)

STIPULATION and ORDER by Judge Carolyn R. Dimmick : to extend time to respond to complaint shall be extended to July 23, l992 and defts time to respond or object to the following discovery requests shall be also extended to July 23, l992. (cc: all counsel) (MD) (Entered: 06/16/1992)

APPLICATION FOR ADMISSION of attorneys Pro Hac Vice on behalf of Becton and Dickinson (dktclk) (Entered: 06/22/1992)

AFFIDAVIT of Donald R. Ware in support of application to appear [9-1] (dktclk) (Entered: 06/22/1992)

AFFIDAVIT of Kenneth E. Madsen in suprt of application to appear [9-1] (dktclk) (Entered: 06/22/1992)

AFFIDAVIT of Steven J. Lee in support of application to appear [9-1] (dktclk) (Entered: 06/22/1992)

Representation of Local Counsel for defendant Becton and Dickinson by David E. Wagoner (dktclk) (Entered: 06/22/1992)

LODGED ORDER: re: order admitting attorneys pro hac vice (dktclk)

ORDER by Judge Carolyn R. Dimmick for attorney to participate as out of state counsel (cc: all counsel) (dktclk) (Entered: 06/26/1992)

APPLICATION of Michael Sennett to Appear as Counsel for defts Baxter International, Inc., Baxter Healthcare (dktclk) (Entered: 07/01/1992)

ATTORNEY APPEARANCE for defendant Baxfter International, Inc and Baxter Healthcase Corp by Stephen E. DeForest (dktclk) (Entered: 07/01/1992)

AFFIDAVIT of Michael Sennett regarding application [15-1] (dktclk) (Entered: 07/01/1992)

LODGED ORDER: re: Granting Application of Micheal Sennett; Receipt #197146 (dktclk)

ORDER by Judge Carolyn R. Dimmick GRANTING Application of Michael Sennett to appear pro hace vice for Baxter Intl., and Baxter Health Care(cc: all counsel) (dktclk) (Entered: 07/02/1992)

First AMENDED COMPLAINT [1-1] by plaintiff Cellpro; jury demand (dktclk) (Entered: 07/06/1992)

ORDER by Judge Carolyn R. Dimmick ; joint status report due on or before 9/21/92 (cc: all counsel) (dktclk) (Entered: 07/08/1992)

APPLICATION by plaintiff Cellpro for permission to participate as out of state counsel in a specific case: Roy L. Anderson (dktclk) (Entered: 07/13/1992)

CERTIFICATE OF SERVICE by plaintiff Cellpro of Application 21 served on defts (dktclk) (Entered: 07/13/1992)

LODGED ORDER: re: application for permission to participate in a specific case (dktclk)

ORDER by Judge Carolyn R. Dimmick granting CellPro's motion for permission for Roy L. Anderson to participate as out of state counsel [21-1] (cc: all counsel) (dktclk) (Entered: 07/15/1992)

MOTION by defendant Becton and Dickinson & Co to dismiss /and alternatively to transfer to District of Maryland; ORAL ARGUMENT REQ'D noted for 8/7/92 (dktclk) Modified on 07/23/1992 (Entered: 07/23/1992)

MOTION by defendant Baxter Intl Inc, defendant Baxter Healthcare to dismiss/alternatively to transfer to District of Maryland; ORAL ARGUMENT REQ'D noted for 8/7/92 (dktclk) (Entered: 07/23/1992)

AFFIDAVIT OF SERVICE by defendant served on 7/23/92 (dktclk) (Entered: 07/23/1992)

MOTION by defendants for leave to file over-sized brief (dktclk) (Entered: 07/23/1992)

EXPARTE MOTION by defendant Baxter Intl Inc, defendant Baxter Healthcare for extension of time to respond to discovery (dktclk) (Entered: 07/23/1992)

PROPOSED Memorandum in Support of Mtns to dismiss or transfer (dktclk)

LODGED ORDER: re: motion to dismiss /and alternatively to transfer to District of Maryland (dktclk)

LODGED ORDER: Dismissing Counts 1 - 8 of the First Amended Complaint. (dktclk)

LODGED ORDER: re: motion for leave to file over-sized brief (dktclk)

LODGED ORDER: re: motion for extension of time to respond to discovery (dktclk)

ORDER by Judge Carolyn R. Dimmick GRANTING motion for leave to file over-sized brief [27-1] (cc: all counsel) (dktclk) (Entered: 07/24/1992)

ORDER by Judge Carolyn R. Dimmick GRANTING motion for extension of time to respond to discovery [28-1] (cc: all counsel) (dktclk) (Entered: 07/24/1992)

MEMORANDUM by defendant in support of motion to dismiss/alternatively to transfer to District of Maryland; ORAL ARGUMENT REQ'D [25-1], of motion to dismiss /and alternatively to transfer to District of Maryland; ORAL ARGUMENT REQ'D [24-1] (dktclk) (Entered: 07/24/1992)

APPENDIX filed by defendant re motion to dismiss/alternatively to transfer to District of Maryland; ORAL ARGUMENT REQ'D [25-1], re motion to dismiss /and alternatively to transfer to District of Maryland; ORAL ARGUMENT REQ'D [24-1] (dktclk) (Entered: 07/24/1992)

AFFIDAVIT OF SERVICE of Subpoena; Notice of Depo of Joseph Bradlow served on 7/18/92 (dktclk) (Entered: 07/24/1992)

LODGED STIPULATED ORDER: re: motion to dismiss/alternatively to transfer to District of Maryland; ORAL ARGUMENT REQ'D, re: motion to dismiss /and alternatively to transfer to of Maryland; ORAL ARGUMENT REQ'D (dktclk)

STIPULATION and ORDER by Judge Carolyn R. Dimmick : GRANTING stipulated order re pending mtns to dismiss or transfer be taken of calendar pending completion of discovery. [0-0],[24-1,[25-1] (cc: all counsel) (dktclk) (Entered: 08/10/1992)

AFFIDAVIT OF SERVICE of dft Becton Dickinson and Co's response to pla's third request for production of documents & dft Becton Dickinson and Co's response to pla's first set of interrogatories. served on 8/31/92 (dktclk) (Entered: 09/02/1992)

CERTIFICATE OF SERVICE of defts first set of document requests to plt Cellpro served on 10/12/92 (dktclk) (Entered: 10/23/1992)

MOTION by plaintiff Cellpro to compel responses to Cellpro's document reqs nos. 3 && 79 noted for 11/13/92 (dktclk) (Entered: 10/30/1992)

MEMORANDUM by plaintiff Cellpro in support of motion to compel responses to Cellpro's document reqs nos. 3 && 79 [38-1] (dktclk) (Entered: 10/30/1992)

AFFIDAVIT re Local Rule 37 Statement of effort to reach agreement of Coe A. Bloomberg re motion to compel responses to Cellpro's document reqs nos. 3 && 79 [38-1] (dktclk) (Entered: 10/30/1992)

DECLARATION of Roy L. Anderson in support of mtn to compel response to Cellpro document requests to Cellpro document requests nos 3 & 79 [40-1] (dktclk) (Entered: 10/30/1992)

CERTIFICATE OF SERVICE by plaintiff Cellpro of Coe A. Bloomberg affidavit re local rule 37 stmt of effort to reach agreement served on 10/28/92 (dktclk) (Entered: 10/30/1992)

CERTIFICATE OF SERVICE by plaintiff Cellpro of plt's mtn to compel responses, and supporting documents served on 10/29/92 (dktclk) (Entered: 10/30/1992)

MOTION by plaintiff Cellpro to compel & for sanctions noted for 11/13/92 (dktclk) (Entered: 10/30/1992)

MEMORANDUM by plaintiff Cellpro in support of motion to compel & for sanctions [44-1] (dktclk) (Entered: 10/30/1992)

DECLARATION OF SERVICE by plaintiff Cellpro of mtn to compel & for sanctions & supporting documents served on 10/29/92 (dktclk) (Entered: 10/30/1992)

LODGED ORDER: re: motion to compel responses to Cellpro's document reqs nos. 3 && 79 (dktclk)

LODGED ORDER: re: motion to compel & for sanctions (dktclk)

Defendants' OPPOSITION to Cellpro's motion to compel & for sanctions [44-1] (dktclk) (Entered: 11/10/1992)

Baxter's MEMORANDUM IN OPPOSITION to Cellpro's motion to compel responses to Cellpro's document reqs nos. 3 && 79 [38-1] (dktclk) (Entered: 11/10/1992)

RESPONSE of Non-Party Hays to Cellpro's motion to compel & for sanctions [44-1] (dktclk) (Entered: 11/10/1992)

CERTIFICATE OF SERVICE by defendant of opposition to mtn to compel; response of non-party Hays; proposed order served on 11/9/92 (dktclk) (Entered: 11/10/1992)

Johns Hopkins University

Becton Dickinson & Company

Baxter Healthcare Corp

Baxter International Inc

Cellpro