Cochlear Ltd. v. Oticon Medical AB

1:16-cv-01700

Overview

Case Number 1:16-cv-01700

Filing Date 2016-07-01

Status Terminated

Termination Date 2017-09-25

Court District Court, D. Colorado (cod)

Presiding Judge Philip A. Brimmer

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:0101 (35:101 Patent Infringement)

Jury Demand Both

Parties

Defendant

Oticon Medical LLC

Represented By

4 Attorneys Listed

Thomas Bernard Walsh , IV

Winston & Strawn LLP

Tel: +1 (214) 453-6500

Fax: +1 (214) 453-6400

2121 North Pearl Street, Suite 900

Robert P. Courtney , Jr.

Fish & Richardson P.C.

Tel: +1 (612) 335-5070

Fax: +1 (612) 288-9696

60 South Sixth Street, Dain Rauscher Plaza

Kurt L. Glitzenstein

Fish & Richardson P.C.

Tel: +1 (617) 521-7042

Fax: +1 (617) 542-8906

1 Marina Park Drive, Boston, MA 02210

Jason M. Lynch

Davis Graham & Stubbs LLP

Tel: +1 (303) 892-7406

Fax: +1 (303) 893-1379

1550 17th Street, Suite 500

Oticon Medical AB

Represented By

4 Attorneys Listed

Thomas Bernard Walsh , IV

Winston & Strawn LLP

Tel: +1 (214) 453-6500

Fax: +1 (214) 453-6400

2121 North Pearl Street, Suite 900

Robert P. Courtney , Jr.

Fish & Richardson P.C.

Tel: +1 (612) 335-5070

Fax: +1 (612) 288-9696

60 South Sixth Street, Dain Rauscher Plaza

Kurt L. Glitzenstein

Fish & Richardson P.C.

Tel: +1 (617) 521-7042

Fax: +1 (617) 542-8906

1 Marina Park Drive, Boston, MA 02210

Jason M. Lynch

Davis Graham & Stubbs LLP

Tel: +1 (303) 892-7406

Fax: +1 (303) 893-1379

1550 17th Street, Suite 500

Plaintiff

Cochlear Bone Anchored Solutions AB

Represented By

5 Attorneys Listed

John B. Sample

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (312) 499-6300

Fax: +1 (312) 499-6301

321 North Clark Street, 32nd Floor

Heather C. Perkins

Faegre Drinker Biddle & Reath LLP

Tel: +1 (303) 607-3500

Fax: +1 (303) 607-3600

1144 Fifteenth Street, Suite 3400

Bridgette Arlisa Agness

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (213) 620-1780

Fax: +1 (213) 620-1398

333 South Hope Street, 43rd Floor

Bradley C. Graveline

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (312) 499-6316

Fax: +1 (312) 499-4735

321 North Clark Street, 32nd Floor

Bruce G. Chapman

Sheppard Mullin Richter & Hampton, LLP-Los Angeles

Tel: +1 (213) 617-5573

Fax: +1 (213) 443-2816

333 South Hope Street, 43th Floor

Cochlear Ltd.

Represented By

5 Attorneys Listed

John B. Sample

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (312) 499-6300

Fax: +1 (312) 499-6301

321 North Clark Street, 32nd Floor

Heather C. Perkins

Faegre Drinker Biddle & Reath LLP

Tel: +1 (303) 607-3500

Fax: +1 (303) 607-3600

1144 Fifteenth Street, Suite 3400

Bridgette Arlisa Agness

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (213) 620-1780

Fax: +1 (213) 620-1398

333 South Hope Street, 43rd Floor

Bradley C. Graveline

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (312) 499-6316

Fax: +1 (312) 499-4735

321 North Clark Street, 32nd Floor

Bruce G. Chapman

Sheppard Mullin Richter & Hampton, LLP-Los Angeles

Tel: +1 (213) 617-5573

Fax: +1 (213) 443-2816

333 South Hope Street, 43th Floor

Court & Judges

Court

District Court, D. Colorado (cod)

Presiding Judge

Philip A. Brimmer

Patents Involved

4 Patents

There are 4 patents involved in this case.

Application Number	Patent Number	External Links
-	US7043040	Espacenet Google Patents
-	US3571514	Espacenet Google Patents
-	US4837832	Espacenet Google Patents
-	US6067364	Espacenet Google Patents

Docket Entries

COMPLAINT against Oticon Medical AB, Oticon Medical LLC (Filing fee $ 400,Receipt Number 1082-5049605)Attorney Bruce G. Chapman added to party Cochlear Bone Anchored Solutions AB(pty:pla), Attorney Bruce G. Chapman added to party Cochlear Ltd.(pty:pla), filed by Cochlear Ltd., Cochlear Bone Anchored Solutions AB.(Chapman, Bruce) (Entered: 07/01/2016)

2016-07-01

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NOTICE re 1 Complaint, Civil Cover Sheet by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd. (Chapman, Bruce) (Entered: 07/01/2016)

2016-07-01

View

SUMMONS REQUEST as to Oticon Medical AB re 1 Complaint, by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 07/01/2016)

2016-07-01

Download

SUMMONS REQUEST as to Oticon Medical LLC re 1 Complaint, by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 07/01/2016)

2016-07-01

Download

Cochlear Ltd. v. Oticon Medical AB

Overview

Parties

Defendant

Oticon Medical LLC Follow

Represented By

Oticon Medical AB Follow

Represented By

Plaintiff

Cochlear Bone Anchored Solutions AB Follow

Represented By

Cochlear Ltd. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

NOTICE re 1 Complaint, Civil Cover Sheet by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd. (Chapman, Bruce) (Entered: 07/01/2016)

SUMMONS REQUEST as to Oticon Medical AB re 1 Complaint, by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 07/01/2016)

SUMMONS REQUEST as to Oticon Medical LLC re 1 Complaint, by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 07/01/2016)

CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cochlear Ltd. for Cochlear Bone Anchored Solutions AB. (Chapman, Bruce) (Entered: 07/01/2016)

NOTICE Report On The Filing Of An Action Regarding A Patent by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd. (Chapman, Bruce) (Entered: 07/01/2016)

Case assigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (sphil, ) (Entered: 07/05/2016)

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 07/05/2016)

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 07/05/2016)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND against Oticon Medical AB, Oticon Medical LLC, filed by Cochlear Ltd., Cochlear Bone Anchored Solutions AB.(Chapman, Bruce) (Entered: 09/13/2016)

NOTICE of Filing Amended Pleading re 9 Amended Complaint for Patent Infringement and Jury Demand by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd. (Attachments: # 1 Exhibit A)(Chapman, Bruce) (Entered: 09/13/2016)

NOTICE of Filing Amended Pleading re 9 Amended Complaint for Patent Infringement and Jury Demand by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd. (Attachments: # 1 Exhibit A)(Chapman, Bruce) (Entered: 09/13/2016)

SUMMONS Returned Executed by Cochlear Ltd., Cochlear Bone Anchored Solutions AB. Oticon Medical LLC served on 9/28/2016, answer due 10/19/2016. (Agness, Bridgette) (Entered: 09/29/2016)

SUMMONS Returned Executed by Cochlear Ltd., Cochlear Bone Anchored Solutions AB. Oticon Medical AB served on 9/30/2016, answer due 10/21/2016. (Agness, Bridgette) (Entered: 10/03/2016)

Joint MOTION for Extension of Time to File Answer or Otherwise Respond re 9 Amended Complaint by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 10/03/2016)

NOTICE of Entry of Appearance by Kurt L. Glitzenstein on behalf of Oticon Medical AB, Oticon Medical LLCAttorney Kurt L. Glitzenstein added to party Oticon Medical AB(pty:dft), Attorney Kurt L. Glitzenstein added to party Oticon Medical LLC(pty:dft) (Glitzenstein, Kurt) (Entered: 10/12/2016)

NOTICE of Entry of Appearance by Thomas Bernard Walsh, IV on behalf of All Defendants Attorney Thomas Bernard Walsh, IV added to party Oticon Medical AB(pty:dft), Attorney Thomas Bernard Walsh, IV added to party Oticon Medical LLC(pty:dft) (Walsh, Thomas) (Entered: 10/12/2016)

ORDER OF RECUSAL by Magistrate Judge Nina Y. Wang on 10/12/16. The Clerk of the Court shall cause this case to be reassigned to another Judge. (nmarb, ) (Entered: 10/12/2016)

CASE REASSIGNED pursuant to 19 Order of Recusal. This case is reassigned to Magistrate Judge Kathleen M. Tafoya for non-dispositive matters. All future pleadings should be designated as 16-cv-01700-PAB-KMT. (Text Only Entry) (nmarb, ) (Entered: 10/12/2016)

ORDER Setting Hearing under FED.R.CIV.P. 16. A hearing is set for January 27, 2017 at 10:00 a.m. in Courtroom A701 at the United States Courthouse located at 901 19th Street, Denver, Colorado. Signed by Judge Philip A. Brimmer on 10/13/2016. (athom, ) (Entered: 10/13/2016)

ORDER Setting Scheduling Conference for 12/7/2016 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 10/14/16. (sgrim) (Entered: 10/14/2016)

NOTICE of Entry of Appearance by Jason M. Lynch on behalf of Oticon Medical AB, Oticon Medical LLCAttorney Jason M. Lynch added to party Oticon Medical AB(pty:dft), Attorney Jason M. Lynch added to party Oticon Medical LLC(pty:dft) (Lynch, Jason) (Entered: 10/20/2016)

Unopposed MOTION to Reset Rule 16(b) Scheduling Conference by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Reset Rule 16(b) Scheduling Conference)(Lynch, Jason) (Entered: 10/24/2016)

Unopposed MOTION to Reset Rule 16(b) Scheduling Conference by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Reset Rule 16(b) Scheduling Conference)(Lynch, Jason) (Entered: 10/24/2016)

MEMORANDUM regarding 25 Unopposed MOTION to Reset Rule 16(b) Scheduling Conference filed by Oticon Medical AB, Oticon Medical LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 10/24/16. Text Only Entry (pabsec) (Entered: 10/24/2016)

MINUTE ORDER granting 25 Motion to Reschedule Rule 16(b) Scheduling Conference. The Scheduling Conference set for 12/7/16 is VACATED to be reset by separate order. By Magistrate Judge Kathleen M. Tafoya on 10/24/16. Text Only Entry(kmtlc2 ) (Entered: 10/24/2016)

AMENDED ORDER Resetting Scheduling Conference for 12/2/2016 09:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 10/25/16. (sgrim) (Entered: 10/25/2016)

Proposed Scheduling Order by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 11/22/2016)

RESTRICTED DOCUMENT - Level 1: by Defendants Oticon Medical AB, Oticon Medical LLC.. (Attachments: # 1 Exhibit A Patent License Agreement, # 2 Exhibit B Organizational Chart, # 3 Exhibit C Request for Arbitration, # 4 Proposed Order (PDF Only) Proposed Order)(Lynch, Jason) (Entered: 12/01/2016)

Unopposed MOTION for Leave to Restrict by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Lynch, Jason) (Entered: 12/01/2016)

Unopposed MOTION for Leave to Restrict by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Lynch, Jason) (Entered: 12/01/2016)

MEMORANDUM regarding 33 Unopposed MOTION for Leave to Restrict filed by Oticon Medical AB, Oticon Medical LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 12/1/16. Text Only Entry (kpreu) (Entered: 12/01/2016)

MOTION to Enforce Arbitration Agreement and Stay Litigation Pending Resolution of Arbitration by Defendants Oticon Medical AB, Oticon Medical LLC. (Public entry for restricted document 32 filed on 12/01/16) Text only entry (jhawk, ) (Entered: 12/02/2016)

COURTROOM MINUTES for Scheduling Conference held on 12/2/2016 before Magistrate Judge Kathleen M. Tafoya. ORDERED: The parties shall submit a status report, as discussed, within five days after a ruling on claim construction. FTR: KMT C201. (sgrim) (Entered: 12/02/2016)

SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 12/2/16. (sgrim) (Entered: 12/02/2016)

MINUTE ORDER granting 33 Motion to Restrict Public Access. The Clerk of Court shall maintain Level 1 restricted status as to 32, [32-1], and [32-3]. By Magistrate Judge Kathleen M. Tafoya on 12/12/16. Text Only Entry (kmtlc2 ) (Entered: 12/12/2016)

BRIEF in Opposition to 31 MOTION to Enforce Arbitration Agreement and Stay Litigation Pending Resolution of Arbitration filed by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 12/22/2016)

RESTRICTED DOCUMENT - Level 1: by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd... (Chapman, Bruce) (Entered: 12/22/2016)

Unopposed MOTION for Leave to Restrict by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Attachments: # 1 Proposed Order (PDF Only))(Chapman, Bruce) (Entered: 12/22/2016)

Unopposed MOTION for Leave to Restrict by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Attachments: # 1 Proposed Order (PDF Only))(Chapman, Bruce) (Entered: 12/22/2016)

MEMORANDUM regarding 42 Unopposed MOTION for Leave to Restrict filed by Cochlear Ltd., Cochlear Bone Anchored Solutions AB. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 12/22/16. Text Only Entry (pabsec) (Entered: 12/22/2016)

RESPONSE to 35 MOTION to Enforce filed by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd. (Public entry for restricted document 41 ) Text only entry. (jhawk, ) (Entered: 12/23/2016)

Defendants Oticon Medical AB and Oticon Medical LLC's ANSWER to 9 Amended Complaint and Affirmative Defenses to by Oticon Medical AB, Oticon Medical LLC.(Lynch, Jason) (Entered: 12/29/2016)

CORPORATE DISCLOSURE STATEMENT. (Lynch, Jason) (Entered: 12/29/2016)

MINUTE ORDER granting 42 Motion to Restrict Public Access. Doc. 41 shall remain at Level 1 restricted status. By Magistrate Judge Kathleen M. Tafoya on 1/4/17. Text Only Entry (kmtlc2 ) (Entered: 01/04/2017)

RESTRICTED DOCUMENT - Level 1: Reply in Support of Motion to Enforce Arbitration Agreement by Defendants Oticon Medical AB, Oticon Medical LLC.. (Lynch, Jason) Modified on 1/5/2017 to add title of document (agarc, ). (Entered: 01/05/2017)

Unopposed MOTION for Leave to Restrict by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 01/05/2017)

Unopposed MOTION for Leave to Restrict by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 01/05/2017)

MEMORANDUM regarding 50 Unopposed MOTION for Leave to Restrict filed by Oticon Medical AB, Oticon Medical LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 1/6/17. Text Only Entry (pabsec) (Entered: 01/06/2017)

MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Status Conference held on 1/27/2017. Court Reporter: Janet Coppock. (kpreu) (Entered: 01/27/2017)

ORDER. ORDERED that, on or before 5:00 p.m. on March 2, 2017, the parties shall file briefs not to exceed ten pages specifically addressing how relevant principles of Swedish law apply to the above-referenced issues. Signed by Judge Philip A. Brimmer on 02/09/17. (jhawk, ) (Entered: 02/09/2017)

SUPPLEMENT/AMENDMENT to 40 Brief in Opposition to Motion, 41 Restricted Document - Level 1 by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Attachments: # 1 Exhibit Declaration of Bengt Domeij)(Chapman, Bruce) (Entered: 03/02/2017)

SUPPLEMENT/AMENDMENT to 40 Brief in Opposition to Motion, 41 Restricted Document - Level 1 by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Attachments: # 1 Exhibit Declaration of Bengt Domeij)(Chapman, Bruce) (Entered: 03/02/2017)

Unopposed MOTION to Withdraw as Attorney for Defendants by Thomas B. Walsh, IV by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Withdrawal)(Lynch, Jason) (Entered: 03/14/2017)

Unopposed MOTION to Withdraw as Attorney for Defendants by Thomas B. Walsh, IV by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Withdrawal)(Lynch, Jason) (Entered: 03/14/2017)

MEMORANDUM regarding 60 Unopposed MOTION to Withdraw as Attorney for Defendants by Thomas B. Walsh, IV filed by Oticon Medical AB, Oticon Medical LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 3/14/17. Text Only Entry (pabsec) (Entered: 03/14/2017)

MINUTE ORDER granting 60 Motion to Withdraw as Attorney. Attorney Thomas Bernard Walsh, IV is relieved of any further representation, by Magistrate Judge Kathleen M. Tafoya on 3/15/17. Text Only Entry (sgrim) (Entered: 03/15/2017)

NOTICE OF CASE ASSOCIATION by Bruce G. Chapman on behalf of Cochlear Bone Anchored Solutions AB, Cochlear Ltd. (Chapman, Bruce) (Entered: 03/15/2017)

NOTICE of Entry of Appearance by Robert P. Courtney, Jr on behalf of Oticon Medical AB, Oticon Medical LLCAttorney Robert P. Courtney, Jr added to party Oticon Medical AB(pty:dft), Attorney Robert P. Courtney, Jr added to party Oticon Medical LLC(pty:dft) (Courtney, Robert) (Entered: 03/23/2017)

BRIEF in Opposition to 59 MOTION to Strike 57 Supplement/Amendment or, In the Alternative, for Leave to File Supplemental Declaration Regarding Principles of Swedish Law filed by Plaintiffs Cochlear Bone Anchored Solutions AB, Cochlear Ltd.. (Chapman, Bruce) (Entered: 03/31/2017)

Amended ANSWER to Complaint to Amended Complaint, Docket No. 9, COUNTERCLAIM against Cochlear Bone Anchored Solutions AB, Cochlear Ltd. by Oticon Medical LLC, Oticon Medical AB.(Lynch, Jason) (Entered: 03/31/2017)

REPLY to Response to 58 MOTION to Stay Litigation Pending Inter Partes Review filed by Defendants Oticon Medical AB, Oticon Medical LLC. (Lynch, Jason) (Entered: 04/07/2017)

REPLY to Response to 59 MOTION to Strike 57 Supplement/Amendment or, In the Alternative, for Leave to File Supplemental Declaration Regarding Principles of Swedish Law filed by Defendants Oticon Medical AB, Oticon Medical LLC. (Lynch, Jason) (Entered: 04/14/2017)

Joint Disputed Claim Terms Chart .Claim Construction Brief due 7/14/2017 (Chapman, Bruce) (Entered: 06/16/2017)

MOTION for Partial Summary Judgment (Contingent) of Invalidity for Indefiniteness by Defendants Oticon Medical AB, Oticon Medical LLC. (Lynch, Jason) (Entered: 07/14/2017)

Oticon Medical LLC

Oticon Medical AB

Cochlear Bone Anchored Solutions AB

Cochlear Ltd.