CICAS IP LLC v. Ethicon, Inc.

COMPLAINT against Ethicon, Inc. ( Filing fee $ 402 receipt number ATXEDC-9564617.), filed by CICAS IP LLC. (Attachments: # 1 Civil Cover Sheet)(Honea, Christopher) (Entered: 06/22/2023)

2023-06-22

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COMPLAINT against Ethicon, Inc. ( Filing fee $ 402 receipt number ATXEDC-9564617.), filed by CICAS IP LLC. (Attachments: # 1 Civil Cover Sheet)(Honea, Christopher) (Entered: 06/22/2023)

2023-06-22

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Honea, Christopher) (Entered: 06/22/2023)

2023-06-22

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Case assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. (ch, )

2023-06-22

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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, )

2023-06-22

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Notice of Magistrate Availability

2023-06-22

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Case Assigned/Reassigned

2023-06-22

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ORDER OF RECUSAL. District Judge Rodney Gilstrap recused. Case reassigned to District Judge Robert W. Schroeder, III for all further proceedings. Signed by District Judge Rodney Gilstrap on 6/23/2023. (ch, ) (Entered: 06/23/2023)

2023-06-23

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SUMMONS Issued as to Ethicon, Inc.. (ch, ) (Entered: 07/06/2023)

2023-07-06

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SUMMONS Returned Executed by CICAS IP LLC. Ethicon, Inc. served on 7/10/2023, answer due 7/31/2023. (Honea, Christopher) (Entered: 07/13/2023)

2023-07-13

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Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Ethicon, Inc..( Jones, Michael) (Entered: 07/24/2023)

2023-07-24

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Application Granted for Extension of Time to Answer Complaint

2023-07-24

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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Ethicon, Inc. to 8/30/2023. 30 Days Granted for Deadline Extension.( nkl, )

2023-07-24

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Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Ethicon, Inc..( Jones, Michael) (Entered: 08/17/2023)

2023-08-17

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Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Ethicon, Inc. to 9/14/2023. 15 Days Granted for Deadline Extension.( ch, )

2023-08-17

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Application Granted for Extension of Time to Answer Complaint

2023-08-17

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NOTICE of Attorney Appearance by Shaun William Hassett on behalf of Ethicon, Inc. (Hassett, Shaun) (Entered: 09/14/2023)

2023-09-14

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OPPOSED MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer to the Northern District of California by Ethicon, Inc.. (Attachments: # 1 Hassett Declaration, # 2 Ex. 1 - Geary Declaration, # 3 Ex. 2 - Yu Declaration, # 4 Ex. 3 - Oldham Declaration, # 5 Ex. 4 - Greer Declaration, # 6 Ex. 5 - Schreiber Declaration, # 7 Ex. 6 - Luce Declaration, # 8 Ex. 7 - Rainwater Declaration, # 9 Ex. 8 - Fitzpatrick Declaration, # 10 Ex. 9 - Wyoming Secretary of State Page, # 11 Ex. 10 - Sheridan Press Article, # 12 Ex. 11 - Aequitas Technologies Page, # 13 Ex. 12 - Shahidi LinkedIn Page, # 14 Ex. 13 - CICAS Inc. LinkedIn Page, # 15 Ex. 14 - California Company Lookup, # 16 Ex. 15 - Aequitas Assignment, # 17 Ex. 16 - CICAS IP Assignment, # 18 Ex. 17 - '794 Patent, # 19 Ex. 18 - FDA 510k Notification, # 20 Ex. 19 - Noonan LinkedIn, # 21 Ex. 20 - Graetzel LinkedIn, # 22 Proposed Order)(Hassett, Shaun) (Entered: 09/14/2023)

2023-09-14

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NOTICE of Attorney Appearance - Pro Hac Vice by Paul A Bondor on behalf of Ethicon, Inc.. Filing fee $ 100, receipt number ATXEDC-9721709. (Bondor, Paul) (Entered: 09/25/2023)

2023-09-25

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NOTICE of Attorney Appearance - Pro Hac Vice by Sumeet Dang on behalf of Ethicon, Inc.. Filing fee $ 100, receipt number ATXEDC-9722701. (Dang, Sumeet) (Entered: 09/25/2023)

2023-09-25

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UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 9 OPPOSED MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer to the Northern District of California by CICAS IP LLC. (Honea, Christopher) (Entered: 09/29/2023)

2023-09-29

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ORDER granting 12 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 9 OPPOSED MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer to the Northern District of California, 9 OPPOSED MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer to the Northern District of California Responses due by 10/12/2023. Signed by Magistrate Judge Roy S. Payne on 10/2/2023. (ch, ) (Entered: 10/02/2023)

2023-10-02

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SCHEDULING ORDER: Scheduling/Case Management Conference set for 11/2/2023 at 11:20 AM before Magistrate Judge Roy S. Payne.. Signed by Magistrate Judge Roy S. Payne on 10/4/2023. (ch, ) (Entered: 10/04/2023)

2023-10-04

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AMENDED COMPLAINT against Ethicon, Inc., Ethicon US LLC, Ethicon Sarl, Auris health, Inc., Medical Device Business Services, Inc., Johnson & Johnson, filed by CICAS IP LLC.(Honea, Christopher) (Entered: 10/12/2023)

2023-10-12

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UNOPPOSED MOTION for Extension of Time to File Answer re 15 Amended Complaint, Move or Otherwise Respond and Waiver of Foreign Service Requirement by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Proposed Order)(Hassett, Shaun) (Entered: 10/24/2023)

2023-10-24

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ORDER granting 16 Motion for Extension of Time to Answer re 16 UNOPPOSED MOTION for Extension of Time to File Answer re 15 Amended Complaint, Move or Otherwise Respond and Waiver of Foreign Service Requirement. Signed by Magistrate Judge Roy S. Payne on 10/30/2023. (ch, ) (Entered: 10/30/2023)

2023-10-30

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Scheduling Conference/Case Management Conference

2023-11-02

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Order on Motion to Dismiss

2023-11-02

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Minute Entry for proceedings held before Judge Roy Payne: Scheduling Conference held on 11/2/23. Counsel for the parties appeared and were asked if they consented to a trial before the magistrate judge. The parties were then given Markman and jury selection dates. The parties were directed to meet and confer regarding any changes to the Courts proposed docket control order and discovery order, and the parties are to submit the proposed orders within fourteen days. The Motion to Dismiss or Transfer [#9] is DENIED as moot, without prejudice, in view of the Amended Complaint. Attorney Appearances: Plaintiff - Michael Fuller; Defense - Shaun Hassett. (No exhibits)(Court Reporter Not Recorded.) (bga)

2023-11-02

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ORDER finding as moot 9 Motion to Dismiss. Signed by Magistrate Judge Roy S. Payne on 11/2/23. (bga)

2023-11-02

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JOINT MOTION to Enter Agreed Docket Control Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Docket Control Order)(Hassett, Shaun) (Entered: 11/16/2023)

2023-11-16

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JOINT MOTION to Enter Agreed Docket Control Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Docket Control Order)(Hassett, Shaun) (Entered: 11/16/2023)

2023-11-16

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JOINT MOTION to Enter Agreed Discovery Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Discovery Order)(Hassett, Shaun) (Entered: 11/16/2023)

2023-11-16

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JOINT MOTION for Protective Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Proposed Protective Order)(Hassett, Shaun) (Entered: 11/22/2023)

2023-11-22

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DOCKET CONTROL ORDER: Pretrial Conference set for 1/16/2025 at 09:00 AM before Magistrate Judge Roy S. Payne. Jury Selection set for 2/18/2025 at 09:00 AM in (Marshall) before District Judge Robert W. Schroeder III. Markman Hearing set for 8/2/2024 at 09:00 AM before Magistrate Judge Roy S. Payne.. Signed by Magistrate Judge Roy S. Payne on 12/1/2023. (ch, ) (Entered: 12/01/2023)

2023-12-01

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DISCOVERY ORDER granting 19 JOINT MOTION to Enter Agreed Discovery Order. Signed by Magistrate Judge Roy S. Payne on 12/1/2023. (ch, ) (Entered: 12/01/2023)

2023-12-01

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PROTECTIVE ORDER granting 20 JOINT MOTION for Protective Order. Signed by Magistrate Judge Roy S. Payne on 12/1/2023. (ch, ) (Entered: 12/01/2023)

2023-12-01

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UNOPPOSED MOTION for Extension of Time to File Answer re 15 Amended Complaint, Move or Otherwise Respond by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Proposed Order)(Hassett, Shaun) (Entered: 12/21/2023)

2023-12-21

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ORDER granting 24 Motion for Extension of Time to Answer re 24 UNOPPOSED MOTION for Extension of Time to File Answer re 15 Amended Complaint, Move or Otherwise Respond All Defendants. Signed by Magistrate Judge Roy S. Payne on 12/27/2023. (klc, ) (Entered: 12/27/2023)

2023-12-27

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MOTION to Dismiss or, in the Alternative, to Transfer to the Northern District of California by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Declaration of S. Hassett, # 2 Ex. 1 - Geary Declaration, # 3 Ex. 2 - Yu Declaration, # 4 Ex. 3 - Oldham Declaration, # 5 Ex. 4 - Greer Declaration, # 6 Ex. 5 - Griffin Declaration, # 7 Ex. 6 - Luce Declaration, # 8 Ex. 7 - Racine Declaration, # 9 Ex. 8 - Graetzel LinkedIn, # 10 Ex. 9 - Wyoming Secretary of State Page, # 11 Ex. 10 - Sheridan Press Article, # 12 Ex. 11 - Aequitas Technologies Page, # 13 Ex. 12 - Shahidi LinkedIn Page, # 14 Ex. 13 - CICAS Inc. LinkedIn Page, # 15 Ex. 14 - California Company Lookup, # 16 Ex. 15 - Aequitas Assignment, # 17 Ex. 16 - CICAS IP Assignment, # 18 Ex. 17 - '794 Patent, # 19 Ex. 18 - FDA 510k Notification, # 20 Ex. 19 - Noonan LinkedIn, # 21 Proposed Order)(Hassett, Shaun) (Entered: 01/05/2024)

2024-01-05

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ANSWER to 15 Amended Complaint by Ethicon US LLC.(Hassett, Shaun) (Entered: 01/05/2024)

2024-01-05

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UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss or, in the Alternative, to Transfer to the Northern District of California by CICAS IP LLC. (Attachments: # 1 Proposed Order)(Honea, Christopher) (Entered: 01/19/2024)

2024-01-19

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ORDER granting 28 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss or, in the Alternative, to Transfer to the Northern District of California, 26 MOTION to Dismiss or, in the Alternative, to Transfer to the Northern District of California Responses due by 1/24/2024. Signed by Magistrate Judge Roy S. Payne on 1/23/2024. (ch, ) (Entered: 01/23/2024)

2024-01-23

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JOINT MOTION for Discovery JOINT MOTION FOR LEAVE TO CONDUCT EXPEDITED VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO 26 MOTION TO DISMISS OR TRANSFER by CICAS IP LLC. (Attachments: # 1 Proposed Order)(Honea, Christopher) (Entered: 01/24/2024)

2024-01-24

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ORDER granting 30 JOINT MOTION for Discovery JOINT MOTION FOR LEAVE TO CONDUCT EXPEDITED VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO 26 MOTION TO DISMISS OR TRANSFER. Signed by Magistrate Judge Roy S. Payne on 1/26/2024. (ch, ) (Entered: 01/29/2024)

2024-01-26

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JOINT MOTION to Stay All Deadlines and NOTICE of Settlement by CICAS IP LLC. (Attachments: # 1 Proposed Order)(Honea, Christopher) (Entered: 01/31/2024)

2024-01-31

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ORDER granting 32 JOINT MOTION to Stay All Deadlines and NOTICE of Settlement. Signed by Magistrate Judge Roy S. Payne on 2/2/2024. (ch, ) (Entered: 02/02/2024)

2024-02-02

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JOINT MOTION to Dismiss with Prejudice by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Proposed Order)(Hassett, Shaun) (Entered: 03/01/2024)

2024-03-01

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ORDER granting 34 Motion to Dismiss. All claims and causes of action asserted between Plaintiff and Defendant in the abovecaptioned case are DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Roy S. Payne on 3/5/2024. (ch, ) (Entered: 03/06/2024)

2024-03-05

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Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (ch, ) (Entered: 03/06/2024)

2024-03-06

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Overview

Parties

Defendant

Ethicon, Inc.

Represented By

Plaintiff

CICAS IP LLC

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Ethicon, Inc. ( Filing fee $ 402 receipt number ATXEDC-9564617.), filed by CICAS IP LLC. (Attachments: # 1 Civil Cover Sheet)(Honea, Christopher) (Entered: 06/22/2023)

COMPLAINT against Ethicon, Inc. ( Filing fee $ 402 receipt number ATXEDC-9564617.), filed by CICAS IP LLC. (Attachments: # 1 Civil Cover Sheet)(Honea, Christopher) (Entered: 06/22/2023)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Honea, Christopher) (Entered: 06/22/2023)

Case assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. (ch, )

Notice of Magistrate Availability

Case Assigned/Reassigned

ORDER OF RECUSAL. District Judge Rodney Gilstrap recused. Case reassigned to District Judge Robert W. Schroeder, III for all further proceedings. Signed by District Judge Rodney Gilstrap on 6/23/2023. (ch, ) (Entered: 06/23/2023)

SUMMONS Issued as to Ethicon, Inc.. (ch, ) (Entered: 07/06/2023)

SUMMONS Returned Executed by CICAS IP LLC. Ethicon, Inc. served on 7/10/2023, answer due 7/31/2023. (Honea, Christopher) (Entered: 07/13/2023)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Ethicon, Inc..( Jones, Michael) (Entered: 07/24/2023)

Application Granted for Extension of Time to Answer Complaint

Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Ethicon, Inc. to 8/30/2023. 30 Days Granted for Deadline Extension.( nkl, )

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Ethicon, Inc..( Jones, Michael) (Entered: 08/17/2023)

Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Ethicon, Inc. to 9/14/2023. 15 Days Granted for Deadline Extension.( ch, )

Application Granted for Extension of Time to Answer Complaint

NOTICE of Attorney Appearance by Shaun William Hassett on behalf of Ethicon, Inc. (Hassett, Shaun) (Entered: 09/14/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Paul A Bondor on behalf of Ethicon, Inc.. Filing fee $ 100, receipt number ATXEDC-9721709. (Bondor, Paul) (Entered: 09/25/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Sumeet Dang on behalf of Ethicon, Inc.. Filing fee $ 100, receipt number ATXEDC-9722701. (Dang, Sumeet) (Entered: 09/25/2023)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 9 OPPOSED MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer to the Northern District of California by CICAS IP LLC. (Honea, Christopher) (Entered: 09/29/2023)

SCHEDULING ORDER: Scheduling/Case Management Conference set for 11/2/2023 at 11:20 AM before Magistrate Judge Roy S. Payne.. Signed by Magistrate Judge Roy S. Payne on 10/4/2023. (ch, ) (Entered: 10/04/2023)

AMENDED COMPLAINT against Ethicon, Inc., Ethicon US LLC, Ethicon Sarl, Auris health, Inc., Medical Device Business Services, Inc., Johnson & Johnson, filed by CICAS IP LLC.(Honea, Christopher) (Entered: 10/12/2023)

ORDER granting 16 Motion for Extension of Time to Answer re 16 UNOPPOSED MOTION for Extension of Time to File Answer re 15 Amended Complaint, Move or Otherwise Respond and Waiver of Foreign Service Requirement. Signed by Magistrate Judge Roy S. Payne on 10/30/2023. (ch, ) (Entered: 10/30/2023)

Scheduling Conference/Case Management Conference

Order on Motion to Dismiss

ORDER finding as moot 9 Motion to Dismiss. Signed by Magistrate Judge Roy S. Payne on 11/2/23. (bga)

JOINT MOTION to Enter Agreed Docket Control Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Docket Control Order)(Hassett, Shaun) (Entered: 11/16/2023)

JOINT MOTION to Enter Agreed Docket Control Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Docket Control Order)(Hassett, Shaun) (Entered: 11/16/2023)

JOINT MOTION to Enter Agreed Discovery Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Discovery Order)(Hassett, Shaun) (Entered: 11/16/2023)

JOINT MOTION for Protective Order by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Proposed Protective Order)(Hassett, Shaun) (Entered: 11/22/2023)

DISCOVERY ORDER granting 19 JOINT MOTION to Enter Agreed Discovery Order. Signed by Magistrate Judge Roy S. Payne on 12/1/2023. (ch, ) (Entered: 12/01/2023)

PROTECTIVE ORDER granting 20 JOINT MOTION for Protective Order. Signed by Magistrate Judge Roy S. Payne on 12/1/2023. (ch, ) (Entered: 12/01/2023)

ORDER granting 24 Motion for Extension of Time to Answer re 24 UNOPPOSED MOTION for Extension of Time to File Answer re 15 Amended Complaint, Move or Otherwise Respond All Defendants. Signed by Magistrate Judge Roy S. Payne on 12/27/2023. (klc, ) (Entered: 12/27/2023)

ANSWER to 15 Amended Complaint by Ethicon US LLC.(Hassett, Shaun) (Entered: 01/05/2024)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss or, in the Alternative, to Transfer to the Northern District of California by CICAS IP LLC. (Attachments: # 1 Proposed Order)(Honea, Christopher) (Entered: 01/19/2024)

JOINT MOTION for Discovery JOINT MOTION FOR LEAVE TO CONDUCT EXPEDITED VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO 26 MOTION TO DISMISS OR TRANSFER by CICAS IP LLC. (Attachments: # 1 Proposed Order)(Honea, Christopher) (Entered: 01/24/2024)

ORDER granting 30 JOINT MOTION for Discovery JOINT MOTION FOR LEAVE TO CONDUCT EXPEDITED VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO 26 MOTION TO DISMISS OR TRANSFER. Signed by Magistrate Judge Roy S. Payne on 1/26/2024. (ch, ) (Entered: 01/29/2024)

JOINT MOTION to Stay All Deadlines and NOTICE of Settlement by CICAS IP LLC. (Attachments: # 1 Proposed Order)(Honea, Christopher) (Entered: 01/31/2024)

ORDER granting 32 JOINT MOTION to Stay All Deadlines and NOTICE of Settlement. Signed by Magistrate Judge Roy S. Payne on 2/2/2024. (ch, ) (Entered: 02/02/2024)

JOINT MOTION to Dismiss with Prejudice by Auris health, Inc., Ethicon Sarl, Ethicon US LLC, Ethicon, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: # 1 Proposed Order)(Hassett, Shaun) (Entered: 03/01/2024)

ORDER granting 34 Motion to Dismiss. All claims and causes of action asserted between Plaintiff and Defendant in the abovecaptioned case are DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Roy S. Payne on 3/5/2024. (ch, ) (Entered: 03/06/2024)

Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (ch, ) (Entered: 03/06/2024)