Cochlear Ltd. v. Oticon Medical AB

1:17-cv-00660

Overview

Case Number 1:17-cv-00660

Filing Date 2017-03-13

Status Litigation filed

Court cod

Nature of Suit 830 Patent

Parties

Defendant

Oticon Medical LLC

Represented By

3 Attorneys Listed

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

3 Attorneys Listed

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 Ltd.

Represented By

6 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

Darren Matthew Franklin

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (213) 620-1780

Fax: +1 (213) 620-1398

333 South Hope Street, 43rd Floor

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

cod

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US9571947	Espacenet Google Patents

Docket Entries

COMPLAINT against Oticon Medical AB, Oticon Medical LLC (Filing fee $ 400,Receipt Number 1082-5422380)Attorney Bruce G. Chapman added to party Cochlear Ltd.(pty:pla), filed by Cochlear Ltd.. (Attachments: # 1 Summons to Oticon Medical AB, # 2 Summons to Oticon Medical LLC, # 3 Civil Cover Sheet)(Chapman, Bruce) (Entered: 03/14/2017)

2017-03-14

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COMPLAINT against Oticon Medical AB, Oticon Medical LLC (Filing fee $ 400,Receipt Number 1082-5422380)Attorney Bruce G. Chapman added to party Cochlear Ltd.(pty:pla), filed by Cochlear Ltd.. (Attachments: # 1 Summons to Oticon Medical AB, # 2 Summons to Oticon Medical LLC, # 3 Civil Cover Sheet)(Chapman, Bruce) (Entered: 03/14/2017)

2017-03-14

View

COMPLAINT against Oticon Medical AB, Oticon Medical LLC (Filing fee $ 400,Receipt Number 1082-5422380)Attorney Bruce G. Chapman added to party Cochlear Ltd.(pty:pla), filed by Cochlear Ltd.. (Attachments: # 1 Summons to Oticon Medical AB, # 2 Summons to Oticon Medical LLC, # 3 Civil Cover Sheet)(Chapman, Bruce) (Entered: 03/14/2017)

2017-03-14

View

COMPLAINT against Oticon Medical AB, Oticon Medical LLC (Filing fee $ 400,Receipt Number 1082-5422380)Attorney Bruce G. Chapman added to party Cochlear Ltd.(pty:pla), filed by Cochlear Ltd.. (Attachments: # 1 Summons to Oticon Medical AB, # 2 Summons to Oticon Medical LLC, # 3 Civil Cover Sheet)(Chapman, Bruce) (Entered: 03/14/2017)

2017-03-14

View

Cochlear Ltd. v. Oticon Medical AB

Overview

Parties

Defendant

Oticon Medical LLC Follow

Represented By

Oticon Medical AB Follow

Represented By

Plaintiff

Cochlear Ltd. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

CORPORATE DISCLOSURE STATEMENT. (Chapman, Bruce) (Entered: 03/14/2017)

NOTICE of Related Cases by Plaintiff Cochlear Ltd. (Chapman, Bruce) (Entered: 03/14/2017)

STATEMENT of Report on the Filing or Determination of an Action Involving Patent or Trademark by Plaintiff Cochlear Ltd.. (Chapman, Bruce) (Entered: 03/14/2017)

Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rvill, ) (Entered: 03/14/2017)

Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rvill, ) (Entered: 03/14/2017)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (rvill, ) (Entered: 03/14/2017)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (rvill, ) (Entered: 03/14/2017)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (rvill, ) (Entered: 03/14/2017)

NOTICE of Entry of Appearance of Heather Carson Perkins by Heather Carson Perkins on behalf of Cochlear Ltd.Attorney Heather Carson Perkins added to party Cochlear Ltd.(pty:pla) (Perkins, Heather) (Entered: 03/16/2017)

NOTICE of Entry of Appearance by Bridgette Arlisa Agness on behalf of Cochlear Ltd.Attorney Bridgette Arlisa Agness added to party Cochlear Ltd.(pty:pla) (Agness, Bridgette) (Entered: 03/16/2017)

ORDER OF TRANSFER Pursuant to D.C.COLO.LCivR 40.1(a), and with approval of the Chief Judge and the consent of Judge Philip A. Brimmer, it is ORDERED that the Clerk shall transfer this case to Judge Philip A. Brimmer. ORDERED by Judge Raymond P. Moore on 03/16/2017. (cthom, ) (Entered: 03/16/2017)

NOTICE of Entry of Appearance by Darren Matthew Franklin on behalf of Cochlear Ltd.Attorney Darren Matthew Franklin added to party Cochlear Ltd.(pty:pla) (Franklin, Darren) (Entered: 03/16/2017)

ORDER Setting Scheduling Conference for 5/22/2017 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 3/17/17. (sgrim) (Entered: 03/17/2017)

SUMMONS Returned Executed by Cochlear Ltd.. Oticon Medical LLC served on 3/15/2017, answer due 4/5/2017. (Chapman, Bruce) (Entered: 03/17/2017)

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: 03/21/2017)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND against Oticon Medical AB, Oticon Medical LLC, filed by Cochlear Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chapman, Bruce) (Entered: 03/21/2017)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND against Oticon Medical AB, Oticon Medical LLC, filed by Cochlear Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chapman, Bruce) (Entered: 03/21/2017)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND against Oticon Medical AB, Oticon Medical LLC, filed by Cochlear Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chapman, Bruce) (Entered: 03/21/2017)

NOTICE of Filing Amended Pleading re 17 Amended Complaint for Patent Infringement and Jury Demand by Plaintiff Cochlear Ltd. (Attachments: # 1 Exhibit A)(Chapman, Bruce) (Entered: 03/21/2017)

NOTICE of Filing Amended Pleading re 17 Amended Complaint for Patent Infringement and Jury Demand by Plaintiff Cochlear Ltd. (Attachments: # 1 Exhibit A)(Chapman, Bruce) (Entered: 03/21/2017)

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: 03/22/2017)

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)

Joint MOTION for Order to Consolidate Response Briefing for Plaintiff's First [ECF 9] and Second [ECF 20] Motions for Preliminary Injunction by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 03/31/2017)

Joint MOTION for Order to Consolidate Response Briefing for Plaintiff's First [ECF 9] and Second [ECF 20] Motions for Preliminary Injunction by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 03/31/2017)

STIPULATION for Extension of Time to Answer or Respond to the Complaint (of Amended Complaint) by Cochlear, Ltd. and by Defendant Oticon Medical LLC. Oticon Medical LLC answer due 4/26/2017. (Lynch, Jason) (Entered: 03/31/2017)

MINUTE ORDER granting 22 Motion to Consolidate Response Briefing. Defendants may file a single responsive brief addressing both motions for preliminary injunction 9 and 20 on or before April 26, 2017. By Judge Philip A. Brimmer on 4/3/17. Text Only Entry (pabsec) (Entered: 04/03/2017)

CERTIFICATE of Service (Mail) by Clerk of Court to Defendant Oticon Medical AB, pursuant to Fed. R. Civ. P. 4(f)(2)(C)(ii). Service by U.S. Postal Service International Air Waybill, receipt included on waybill. (ebutl) (Entered: 04/04/2017)

DECLARATION of Heather Carson Perkins Regarding Service by Plaintiff Cochlear Ltd.. (Perkins, Heather) (Entered: 04/04/2017)

CORPORATE DISCLOSURE STATEMENT. (Lynch, Jason) Modified on 4/13/2017 to correct filing attorney (jhawk, ). (Entered: 04/12/2017)

SUMMONS Returned Executed by Cochlear Ltd.. Oticon Medical AB served on 4/12/2017, answer due 5/3/2017. (Attachments: # 1 Exhibit A - USPS Tracking Results No: 8308081316)(Chapman, Bruce) (Entered: 04/13/2017)

SUMMONS Returned Executed by Cochlear Ltd.. Oticon Medical AB served on 4/12/2017, answer due 5/3/2017. (Attachments: # 1 Exhibit A - USPS Tracking Results No: 8308081316)(Chapman, Bruce) (Entered: 04/13/2017)

BRIEF in Opposition to 28 MOTION for Extension of Time to File Answer or Otherwise Respond and to Respond to Plaintiff's First and Second Preliminary Injunction Motions filed by Plaintiff Cochlear Ltd.. (Attachments: # 1 Exhibit A - US Patent No. 9,571,947)(Chapman, Bruce) (Entered: 04/19/2017)

BRIEF in Opposition to 28 MOTION for Extension of Time to File Answer or Otherwise Respond and to Respond to Plaintiff's First and Second Preliminary Injunction Motions filed by Plaintiff Cochlear Ltd.. (Attachments: # 1 Exhibit A - US Patent No. 9,571,947)(Chapman, Bruce) (Entered: 04/19/2017)

REPLY to Response to 28 MOTION for Extension of Time to File Answer or Otherwise Respond and to Respond to Plaintiff's First and Second Preliminary Injunction Motions filed by Defendants Oticon Medical AB, Oticon Medical LLC. (Lynch, Jason) (Entered: 04/20/2017)

MINUTE ORDER. A hearing on plaintiff's motions for preliminary injunction 9 and 20 is set for July 20, 2017 at 8:00 a.m. in Courtroom A 701 before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 5/3/17. Text Only Entry (pabsec) (Entered: 05/03/2017)

Proposed Scheduling Order in a Patent Case (Joint) by Plaintiff Cochlear Ltd.. (Chapman, Bruce) (Entered: 05/12/2017)

Unopposed MOTION for Leave to Appear by Telephone at the May 22, 2017 Scheduling Conference - for Robert Courtney by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 05/17/2017)

Unopposed MOTION for Leave to Appear by Telephone at the May 22, 2017 Scheduling Conference - for Robert Courtney by Defendants Oticon Medical AB, Oticon Medical LLC. (Attachments: # 1 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 05/17/2017)

SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 5/22/17. (sgrim) (Entered: 05/22/2017)

Defendants Oticon Medical AB and Oticon Medical LLC's ANSWER to 17 Amended Complaint and Affirmative Defenses by Oticon Medical AB, Oticon Medical LLC.(Lynch, Jason) (Entered: 06/12/2017)

Unopposed MOTION to Withdraw as Attorney, Bridgette A. Agness, by Plaintiff Cochlear Ltd.. (Attachments: # 1 Proposed Order (PDF Only))(Chapman, Bruce) (Entered: 07/27/2017)

Unopposed MOTION to Withdraw as Attorney, Bridgette A. Agness, by Plaintiff Cochlear Ltd.. (Attachments: # 1 Proposed Order (PDF Only))(Chapman, Bruce) (Entered: 07/27/2017)

MEMORANDUM regarding 48 Unopposed MOTION to Withdraw as Attorney, Bridgette A. Agness, filed by Cochlear Ltd. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Philip A. Brimmer on 7/27/17. Text Only Entry (pabsec) (Entered: 07/27/2017)

MINUTE ORDER granting 48 Motion to Withdraw as Attorney. Attorney Bridgette Arlisa Agness is relieved of any further representation, by Magistrate Judge Kathleen M. Tafoya on 7/28/17. (sgrim) (Entered: 07/28/2017)

NOTICE of Entry of Appearance by Bradley C. Graveline on behalf of Cochlear Ltd.Attorney Bradley C. Graveline added to party Cochlear Ltd.(pty:pla) (Graveline, Bradley) (Entered: 09/15/2017)

NOTICE of Entry of Appearance by John B. Sample on behalf of Cochlear Ltd.Attorney John B. Sample added to party Cochlear Ltd.(pty:pla) (Sample, John) (Entered: 09/19/2017)

Joint Disputed Claim Terms Chart .Claim Construction Brief due 1/3/2018 (Chapman, Bruce) (Entered: 11/28/2017)

Joint MOTION to Dismiss by Plaintiff Cochlear Ltd.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Joint Motion to Dismiss)(Perkins, Heather) (Entered: 12/19/2017)

Joint MOTION to Dismiss by Plaintiff Cochlear Ltd.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Joint Motion to Dismiss)(Perkins, Heather) (Entered: 12/19/2017)

Civil Case Terminated pursuant 56 Order filed in this case. Text Only Entry (sphil, ) (Entered: 12/20/2017)

Report re Patent/Trademark: Report on the determination of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (sphil, ) (Entered: 12/20/2017)

Track Case Updates

Oticon Medical LLC

Oticon Medical AB

Cochlear Ltd.