COOK INCORPORATED v. ENDOLOGIX, INC.
1:09-cv-01248
Overview
Case Number
1:09-cv-01248
Filing Date
2009-10-06
Status
Litigation filed
Court
District Court, S.D. Indiana
Nature of Suit
830 Patent
Parties
Counter Claimant
Counter Defendant
Court & Judges
Court
District Court, S.D. Indiana
Presiding Judge
Tanya Walton Pratt
Docket Entries
COMPLAINT with Jury Demand filed by COOK INCORPORATED against ENDOLOGIX, INC. (Attachments: # 1 Exh A-'777 Patent, # 2 Exh B-'706 Patent)(DH) (Entered: 10/07/2009)
2009-10-06
1
COMPLAINT with Jury Demand filed by COOK INCORPORATED against ENDOLOGIX, INC. (Attachments: # 1 Exh A-'777 Patent, # 2 Exh B-'706 Patent)(DH) (Entered: 10/07/2009)
2009-10-06
2
COMPLAINT with Jury Demand filed by COOK INCORPORATED against ENDOLOGIX, INC. (Attachments: # 1 Exh A-'777 Patent, # 2 Exh B-'706 Patent)(DH) (Entered: 10/07/2009)
2009-10-06
2
CIVIL COVER SHEET filed by Plaintiff, COOK INCORPORATED. (DH) (Entered: 10/07/2009)
2009-10-06
1
RECEIPT #IP014760 in the amount of $350.00 for filing fee. (DH) (Entered: 10/07/2009)
2009-10-06
1
Summons Issued as to ENDOLOGIX, INC. (DH) (Entered: 10/07/2009)
2009-10-06
1
NOTICE of Appearance by Randy Lee Campbell, Jr on behalf of Plaintiff, COOK INCORPORATED. (DH) (Entered: 10/07/2009)
2009-10-06
1
NOTICE of Appearance by Kelly J. Eberspecher on behalf of Plaintiff, COOK INCORPORATED. (DH) (Entered: 10/07/2009)
2009-10-06
1
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) (Entered: 10/07/2009)
2009-10-06
1
Corporate Disclosure Statement by COOK INCORPORATED. (DH) (Entered: 10/07/2009)
2009-10-06
1
NOTICE of Appearance by Daniel K. Burke on behalf of Defendant ENDOLOGIX, INC.. (Burke, Daniel) (Entered: 10/27/2009)
2009-10-27
1
NOTICE of Appearance by Andrew W. Hull on behalf of Defendant ENDOLOGIX, INC.. (Hull, Andrew) (Entered: 10/27/2009)
2009-10-27
1
NOTICE of Parties' First Extension of Time, filed by Defendant ENDOLOGIX, INC.. (Burke, Daniel) (Entered: 10/27/2009)
2009-10-27
1
Corporate Disclosure Statement by ENDOLOGIX, INC.. (Burke, Daniel) (Entered: 10/27/2009)
2009-10-27
1
NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Complaint, # 2 Exhibit A, # 3 Exhibit B) (DWH) (Entered: 10/30/2009)
2009-10-30
1
MOTION for Attorney(s) John B. Sganga, Jr. to Appear pro hac vice., filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 11/13/2009)
2009-11-13
1
MOTION for Attorney(s) J. David Evered to Appear pro hac vice., filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 11/13/2009)
2009-11-13
1
MOTION for Attorney(s) Joshua J. Stowell to Appear pro hac vice., filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 11/13/2009)
2009-11-13
1
ANSWER to 1 Complaint, COUNTERCLAIM against COOK INCORPORATED, filed by ENDOLOGIX, INC..(Burke, Daniel) (Entered: 11/13/2009)
2009-11-13
1
RECEIPT #IP015569 in the amount of $ 90.00 for PHV - J. Sganga, J. Evered, J. Stowell (DWH) (Entered: 11/19/2009)
2009-11-16
1
ANSWER to 17 Answer to ComplaintCounterclaim (Reply to Counterclaim of Endologix), filed by COOK INCORPORATED.(Eberspecher, Kelly) (Entered: 11/19/2009)
2009-11-19
1
NOTICE of Appearance by Danielle Anne Phillip on behalf of Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Phillip, Danielle) (Entered: 11/19/2009)
2009-11-19
1
NOTICE of Appearance by Bradley G. Lane on behalf of Plaintiff COOK INCORPORATED. (Lane, Bradley) (Entered: 11/19/2009)
2009-11-19
1
NOTICE of Appearance by Richard A. Kaplan on behalf of Plaintiff COOK INCORPORATED. (Kaplan, Richard) (Entered: 11/19/2009)
2009-11-19
1
ORDER granting 14 Motion to Appear pro hac vice. Attorney John B. Sganga, Jr for ENDOLOGIX, INC.,John B. Sganga, Jr for ENDOLOGIX, INC. added cm. Signed by Magistrate Judge Tim A. Baker on 11/20/2009. (MAC) (Entered: 11/23/2009)
2009-11-20
1
ORDER granting 15 Motion to Appear pro hac vice. Attorney J. David Evered for ENDOLOGIX, INC.,J. David Evered for ENDOLOGIX, INC. added cm. Signed by Magistrate Judge Tim A. Baker on 11/20/2009. (MAC) (Entered: 11/23/2009)
2009-11-20
1
ORDER granting 16 Motion to Appear pro hac vice. Attorney Joshua J. Stowell for ENDOLOGIX, INC.,Joshua J. Stowell for ENDOLOGIX, INC. added cm. Signed by Magistrate Judge Tim A. Baker on 11/20/2009. (MAC) (Entered: 11/23/2009)
2009-11-20
1
MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
1
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
1
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
BRIEF/MEMORANDUM in Support re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua J. Stowell, # 2 Exhibit A-1 Statistical Report, # 3 Exhibit A-2 U.S. Patent No. 4,665,918, # 4 Exhibit A-3 U.S. Patent No. 3,498,335, # 5 Exhibit A-4 Press Release Issued 11/1/04, # 6 Exhibit A-5 Press Release Issued 10/22/08, # 7 Exhibit A-6 Verified Complaint, # 8 Exhibit A-7.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 9 Exhibit A-7.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,775,777, # 10 Exhibit A-8.1 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 11 Exhibit A-8.2 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706, # 12 Exhibit A-8.3 Ex Parte Request for Rexamination of U.S. Patent No. 5,035,706)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
2
MOTION for Oral Argument, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 11/24/2009)
2009-11-24
1
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
1
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
RESPONSE in Opposition re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
2
MOTION for Oral Argument, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Lane, Bradley) (Entered: 12/11/2009)
2009-12-11
1
AFFIDAVIT of Service served on John McDermott - Chief Executive Officer of Endologix, Inc. on October 8, 2009, filed by COOK INCORPORATED. (Attachments: # 1 Affidavit)(Campbell, Randy) (Entered: 12/14/2009)
2009-12-14
1
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
1
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
REPLY in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit Supplemental Declaration of Joshua J. Stowell, # 2 Exhibit 9 - Decision Granting Ex Parte Reexamination, # 3 Exhibit 10 - PAIR Report on Progress of Request for Reexamination, # 4 Exhibit 11 - Slide Titled "Historical Revenue Growth", # 5 Exhibit 12 - Sec. 2250 of the Manual of Patent Examination & Procedure, # 6 Exhibit 13 - CMP Proposed by Endologix, # 7 Exhibit 14 - Slide Titled "Intuitive Profile Comparison", # 8 Exhibit 15 - Article Titled "Anatomical Fixation in Challenging Aortic Anatomies", # 9 Exhibit 16 - Slide Titled "Competitive Landscape", # 10 Exhibit 17 - Sec. 2612 of Manual of Patent Examination & Procedure)(Burke, Daniel) (Entered: 12/18/2009)
2009-12-18
2
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Lane, Bradley) (Entered: 12/21/2009)
2009-12-21
1
MOTION for Leave to File Supplement to Motion to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - PAIR Report)(Burke, Daniel) (Entered: 12/23/2009)
2009-12-23
1
RESPONSE in Opposition re 34 MOTION for Leave to File Supplement to Motion to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit K - ex parte reexam communication re 706 Patent)(Lane, Bradley) (Entered: 12/30/2009)
2009-12-30
1
MARGINAL ENTRY granting deft/counterclaimant Endologiz's 34 Motion for Leave to supplement motion to stay proceedings. Defendant's motion to stay is hereby supplemented with Exhibit A attached to this motion. Signed by Magistrate Judge Tim A. Baker on 12/30/2009. (SWM) (Entered: 12/30/2009)
2009-12-30
1
EXHIBIT A in Support of Motion re 26 MOTION to Stay Proceedings Pending Ex Parte Application for Reexamination of Patents-in-Suit, filed by Defendant ENDOLOGIX, INC. (SWM) (Entered: 12/30/2009)
2009-12-30
1
ORDER SETTING ORAL ARGUMENT: This matter is set for oral argument on Defendant's motion to stay [Docket No. 26] at 2:30 p.m. on January 12, 2010, in Room 238, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Parties shall appear by counsel, who shall have twenty minutes each for argument. Signed by Magistrate Judge Tim A. Baker on 1/5/2010.(SWM) (Entered: 01/05/2010)
2010-01-05
1
ORDER granting deft's 26 Motion to Stay Proceedings Pending Reexamination of Patents-in-Suit. The parties may jointly request a lifting of the stay for the limited purpose of a Court-supervised settlement conference. The Case Management Plan [Docket No. 33] is denied. The time for filing any objection to this Order under Fed. R. Civ. P. 72(a) runs from the date this Order is docketed (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 1/21/2010. (SWM)
2010-01-21
1
MOTION TO LIFT STAY OF PROCEEDINGS FOR THE '706 PATENT, filed by Plaintiff COOK INCORPORATED. (Attachments: # 1 Supplement - Memorandum of Law In Support of Motion to Lift Stay, # 2 Exhibit A - Notice of Intent to Issue Ex Parte Reexam Certificate from the USPTO for U.S. Pat. No. 5,035,706, # 3 Exhibit B - Office Action re: Reexam Proceedings of U.S. Pat. No. 5,755,777, # 4 Text of Proposed Order To Lift Stay)(Lane, Bradley) (Entered: 03/02/2010)
2010-03-02
1
BRIEF/MEMORANDUM in Support re 40 MOTION TO LIFT STAY OF PROCEEDINGS FOR THE '706 PATENT, filed by Plaintiff COOK INCORPORATED. (Attachments: # 1 Exhibit A - Notice of Intent to Issue Ex Parte Reexam Certificate from the USPTO for U.S. Pat. No. 5,035,706, # 2 Exhibit B - Office Action re: Reexam Proceedings of U.S. Pat. No. 5,755,777)(Lane, Bradley) (Entered: 03/03/2010)
2010-03-03
1
RESPONSE in Opposition re 40 MOTION TO LIFT STAY OF PROCEEDINGS FOR THE '706 PATENT, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit A - Declaration of Joshua Stowell, # 2 Exhibit A-1 - Endolgoxi's Instructions for Use, # 3 Exhibit A-2 - FDA's Overview)(Burke, Daniel) (Entered: 03/16/2010)
2010-03-16
1
EXHIBIT in Support of Response in Opposition to Motion re 40 MOTION TO LIFT STAY OF PROCEEDINGS FOR THE '706 PATENT Exhibit A-3 Cook's Instructions for Use, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A-3 (2), # 2 Exhibit A-3 (3), # 3 Exhibit A-3 (4))(Burke, Daniel) (Entered: 03/16/2010)
2010-03-16
1
EXHIBIT in Support of Response in Opposition to Motion re 40 MOTION TO LIFT STAY OF PROCEEDINGS FOR THE '706 PATENT Exhibits A-4 and A-5, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A-5 USPTO Reexamination, # 2 Text of Proposed Order)(Burke, Daniel) (Entered: 03/16/2010)
2010-03-16
1
REPLY in Support of Motion re 40 MOTION TO LIFT STAY OF PROCEEDINGS FOR THE '706 PATENT, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Lane, Bradley) (Entered: 03/26/2010)
2010-03-26
1
ORDER denying Pltf's 40 Motion to Lift Stay (see Order for details). Signed by Magistrate Judge Tim A. Baker on 4/13/2010. (SWM)
2010-04-13
1
MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Lift Stay of Proceedings)(Lane, Bradley) (Entered: 04/22/2010)
2010-04-22
1
MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Lift Stay of Proceedings)(Lane, Bradley) (Entered: 04/22/2010)
2010-04-22
2
BRIEF/MEMORANDUM in Support re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Notice of Intent to Issue Ex Parte Reexamination Certificate, # 2 Exhibit B - Manual of Patent Examining Procedure 2287, # 3 Exhibit C - Manual of Patent Examining Procedure 2289)(Lane, Bradley) (Entered: 04/22/2010)
2010-04-22
1
BRIEF/MEMORANDUM in Support re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Notice of Intent to Issue Ex Parte Reexamination Certificate, # 2 Exhibit B - Manual of Patent Examining Procedure 2287, # 3 Exhibit C - Manual of Patent Examining Procedure 2289)(Lane, Bradley) (Entered: 04/22/2010)
2010-04-22
2
BRIEF/MEMORANDUM in Support re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Notice of Intent to Issue Ex Parte Reexamination Certificate, # 2 Exhibit B - Manual of Patent Examining Procedure 2287, # 3 Exhibit C - Manual of Patent Examining Procedure 2289)(Lane, Bradley) (Entered: 04/22/2010)
2010-04-22
2
BRIEF/MEMORANDUM in Support re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Notice of Intent to Issue Ex Parte Reexamination Certificate, # 2 Exhibit B - Manual of Patent Examining Procedure 2287, # 3 Exhibit C - Manual of Patent Examining Procedure 2289)(Lane, Bradley) (Entered: 04/22/2010)
2010-04-22
2
RESPONSE in Opposition re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Declaration of John David Evered, # 2 Exhibit A-1 - 37 C.F.R. 1.530, # 3 Exhibit A-2 - MPEP Sec. 2289, # 4 Exhibit A-3 - 37 C.F.R. 1.570)(Burke, Daniel) (Entered: 05/06/2010)
2010-05-06
1
RESPONSE in Opposition re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Declaration of John David Evered, # 2 Exhibit A-1 - 37 C.F.R. 1.530, # 3 Exhibit A-2 - MPEP Sec. 2289, # 4 Exhibit A-3 - 37 C.F.R. 1.570)(Burke, Daniel) (Entered: 05/06/2010)
2010-05-06
2
RESPONSE in Opposition re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Declaration of John David Evered, # 2 Exhibit A-1 - 37 C.F.R. 1.530, # 3 Exhibit A-2 - MPEP Sec. 2289, # 4 Exhibit A-3 - 37 C.F.R. 1.570)(Burke, Daniel) (Entered: 05/06/2010)
2010-05-06
2
RESPONSE in Opposition re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Declaration of John David Evered, # 2 Exhibit A-1 - 37 C.F.R. 1.530, # 3 Exhibit A-2 - MPEP Sec. 2289, # 4 Exhibit A-3 - 37 C.F.R. 1.570)(Burke, Daniel) (Entered: 05/06/2010)
2010-05-06
2
RESPONSE in Opposition re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Declaration of John David Evered, # 2 Exhibit A-1 - 37 C.F.R. 1.530, # 3 Exhibit A-2 - MPEP Sec. 2289, # 4 Exhibit A-3 - 37 C.F.R. 1.570)(Burke, Daniel) (Entered: 05/06/2010)
2010-05-06
2
REPLY in Support of Motion re 47 MOTION to Lift Stay of Proceedings in View of Resolution of Both Reexaminations, and for Order Setting Case Management Plan Filing Date and Initial Pretrial Conference, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit D (Endologix First Quarter 2010 Earnings Call Tr.))(Lane, Bradley) (Entered: 05/17/2010)
2010-05-17
1
ORDER granting 47 Plaintiff's Motion to Lift Stay. The parties shall confer and file a proposed Case Management Plan within 21 days. The Court will review the CMP to help determine the need for and timing of any Court-supervised pretrial, settlement, or other conference, so the parties are encouraged to include in the CMP their views on this issue. Signed by Magistrate Judge Tim A. Baker on 6/2/2010. (LBK)
2010-06-02
1
MOTION for Attorney(s) Alan L. Barry to Appear pro hac vice., filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit List of Courts, # 2 Text of Proposed Order)(Burke, Daniel) (Entered: 06/08/2010)
2010-06-08
1
MOTION for Attorney(s) Sanjay K. Murthy to Appear pro hac vice., filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 06/08/2010)
2010-06-08
1
MOTION for Attorney(s) Louis C. Cullman to Appear pro hac vice., filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 06/08/2010)
2010-06-08
1
MOTION for Attorney(s) Sara N. Kerrane to Appear pro hac vice., filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 06/08/2010)
2010-06-08
1
RECEIPT #IP018547 in the amount of $ 120.00 for PHV - A. Barry, S. Murthy, L. Cullman and S. Kerrane (DWH) (Entered: 06/09/2010)
2010-06-08
1
MOTION to Withdraw as Attorney, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Sganga, John) (Entered: 06/09/2010)
2010-06-09
1
RESPONSE in Opposition re 53 MOTION for Attorney(s) Sanjay K. Murthy to Appear pro hac vice., 54 MOTION for Attorney(s) Louis C. Cullman to Appear pro hac vice., 52 MOTION for Attorney(s) Alan L. Barry to Appear pro hac vice., 55 MOTION for Attorney(s) Sara N. Kerrane to Appear pro hac vice., 56 MOTION to Withdraw as Attorney, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit 1- Letter to Alan L. Barry)(Lane, Bradley) (Entered: 06/10/2010)
2010-06-10
1
ORDER granting 56 Motion to Withdraw as Attorney. Attorney Joshua J. Stowell; John David Evered and John B. Sganga, Jr withdrawn. Signed by Magistrate Judge Tim A. Baker on 6/11/2010. (SWM) (Entered: 06/11/2010)
2010-06-11
1
ORDER granting 52 Motion to Appear pro hac vice. Attorney Alan L. Barry for ENDOLOGIX, INC. added. Signed by Magistrate Judge Tim A. Baker on 6/11/2010. (SWM) (Entered: 06/11/2010)
2010-06-11
1
ORDER granting 53 Motion to Appear pro hac vice. Attorney Sanjay K. Murthy for ENDOLOGIX, INC. added. Signed by Magistrate Judge Tim A. Baker on 6/11/2010. (SWM) (Entered: 06/11/2010)
2010-06-11
1
ORDER granting 54 Motion to Appear pro hac vice. Attorney Louis C. Cullman for ENDOLOGIX, INC. added. Signed by Magistrate Judge Tim A. Baker on 6/11/2010. (SWM) (Entered: 06/11/2010)
2010-06-11
1
ORDER granting 55 Motion to Appear pro hac vice. Attorney Sara N. Kerrane for ENDOLOGIX, INC. added. Signed by Magistrate Judge Tim A. Baker on 6/11/2010. (SWM) (Entered: 06/11/2010)
2010-06-11
1
Unopposed MOTION to Vacate 63 Order on Motion to Appear pro hac vice, 61 Order on Motion to Appear pro hac vice, 60 Order on Motion to Appear pro hac vice, 62 Order on Motion to Appear pro hac vice, 59 Order on Motion to Withdraw as Attorney, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 06/11/2010)
2010-06-11
1
ORDER granting Defendant/Counterclaim Endologix, Inc's 64 Motion to Vacate the Court's June 11, 2010 Orders (1) granting the pro hac vice admissions of Alan L. Barry, Sanjay K. Murthy, Louis C. Cullman, and Sara N. Kerrane of K&L Gates, LLP [Dkt. Nos. 60- 63]; and (2) granting leave for the withdrawal of John B. Sganga, Jr., J. David Evered, and Joshua J. Stowell of the law firm Knobbe, Martens, Olson & Bear, LLP [Dkt. No. 59]. Signed by Magistrate Judge Tim A. Baker on 6/15/2010. (SWM) (Entered: 06/16/2010)
2010-06-15
1
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Lane, Bradley) (Entered: 06/23/2010)
2010-06-23
1
Reassignment of Case to Judge Tanya Walton Pratt. Judge William T. Lawrence no longer assigned to the case. Please include the new case number (1:09-cv-01248-TWP-TAB), which includes the initials of the newly assigned judge, on all future filings in this matter. (MAC) (Entered: 06/25/2010)
2010-06-25
1
MOTION for Attorney(s) Joseph S. Cianfrani to Appear pro hac vice., filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 07/15/2010)
2010-07-15
1
RECEIPT #IP019049 in the amount of $ 30.00 (pro hac vice filing fee for Joseph S. Cianfrani) (TRG) (Entered: 07/16/2010)
2010-07-15
1
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. [Docket No. 66.] Status Conference set for 11/2/2010 09:30 AM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of the 11/2/2010, telephonic status conference is to address case status and the need for and timing of settlement conference (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 7/16/2010.(SWM) (Entered: 07/19/2010)
2010-07-16
1
ORDER granting 68 Motion to Appear pro hac vice. Attorney Joseph S. Cianfrani for ENDOLOGIX, INC. added. Signed by Magistrate Judge Tim A. Baker on 7/20/2010. (SWM) (Entered: 07/21/2010)
2010-07-20
1
SCHEDULING ORDER: Markman Hearing set for 2/8/2011 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 7/21/2010.(JD) (Entered: 07/22/2010)
2010-07-21
1
Joint MOTION for Leave to File Amended Complaint and for Leave to File Amended Answer with Counterclaims, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 1 (Proposed Amended Complaint), # 2 Text of Proposed Order (Proposed Order))(Lane, Bradley) (Entered: 07/30/2010)
2010-07-30
1
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Answer) (JD) (Entered: 08/03/2010)
2010-08-03
1
STIPULATION (Stipulated Protective Order), filed by Plaintiff COOK INCORPORATED. (Lane, Bradley) (Entered: 08/05/2010)
2010-08-05
1
TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (DWH) (Entered: 08/12/2010)
2010-08-12
1
ORDER granting 73 Agreed Motion for Leave to pltf to file amended complaint, and to deft to file amended answer with counterclaims. The amended complaint shall be deemed as filed and served as of 7/30/2010. Deft shall have to 8/27/2010, to file an amended answer with counterclaim. Pltf shall have to 9/10/2010, to file a reply to the amended answer with counterclaims. Signed by Magistrate Judge Tim A. Baker on 8/17/2010. (SWM) (Entered: 08/17/2010)
2010-08-17
1
AMENDED COMPLAINT against ENDOLOGIX, INC., filed by COOK INCORPORATED.(SWM) (Entered: 08/17/2010)
2010-08-17
1
STIPULATED PROTECTIVE ORDER 75 APPROVED. No document shall be filed under seal unless supported by a separate motion based upon good cause. Signed by Magistrate Judge Tim A. Baker on 8/18/2010.(SWM) (Entered: 08/19/2010)
2010-08-18
1
NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Amended Complaint) (JD) (Entered: 08/23/2010)
2010-08-23
1
SEALED MOTION to Dismiss, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 08/23/2010)
2010-08-23
1
*** SEALED PER ORDER DATED 9/27/2010 *** SEALED Memorandum in Support of Motion to Dismiss, re 81 SEALED Motion, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # (1) Affidavit Ex. A - Declaration of John David Evered, # (2) Exhibit A-1 - Endologix's Current Patient's Guide, # (3) Exhibit A-2 - Endologix's Current Intuitrak Product Brochure, # (4) Exhibit A-3 - Verified Complaint filed by Cook in 2008, # (5) Exhibit A-4 - Settlement and Release Agreement, # (6) Exhibit A-5 - Permanent Injunction and Final Judgment, # (7) Exhibit A-6 - 10/14/09 Letter from Endologix to Cook)(Burke, Daniel) Modified on 9/28/2010 (SWM). (Entered: 08/23/2010)
2010-08-23
1
MOTION to Seal Document 81 SEALED MOTION to Dismiss, 82 SEALED Document Memorandum in Support of Motion to Dismiss, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 08/23/2010)
2010-08-23
1
MOTION for Oral Argument, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 08/23/2010)
2010-08-23
1
MARGINAL ENTRY denying deft/counterclaimant's 83 Motion to Seal Motion to Dismiss. The Clerk is directed to unseal the referenced filings unless, within seven days, either party files a supplemental motion more appropriately addressing these issues (see Order for further details). Signed by Magistrate Judge Tim A. Baker on 8/26/2010. (SWM) (Entered: 08/27/2010)
2010-08-26
1
Amended ANSWER to 78 Amended Complaint, COUNTERCLAIM against COOK INCORPORATED, filed by ENDOLOGIX, INC..(Burke, Daniel) (Entered: 08/27/2010)
2010-08-27
1
NOTICE of Amended Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Amended Answer) (JD) (Entered: 08/30/2010)
2010-08-30
1
Joint MOTION for Defendant Endologix, Inc. to File a Redacted Version of Its Memorandum in Support of Defendant's Motion to Dismiss and to File and Maintain Under Seal an Unredacted Version Thereof and Exhibits 4 and 6 Thereto, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Redacted Memorandum in Support of Motion to Dismiss, # 2 Text of Proposed Order)(Burke, Daniel) (Entered: 08/31/2010)
2010-08-31
1
ANSWER to 86 Counterclaims, filed by COOK INCORPORATED.(Lane, Bradley) Modified on 9/8/2010 (JD). (Entered: 09/07/2010)
2010-09-07
1
*** SEALED PER ORDER DATED 9/15/2010 *** SEALED RESPONSE re 81 SEALED MOTION to Dismiss Plaintiff's Opposition to Motion to Dismiss, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Text of Proposed Order)(Kaplan, Richard) Modified on 9/15/2010 (SWM). (Entered: 09/10/2010)
2010-09-10
1
MOTION to Seal Document 90 SEALED Response to Motion Plaintiff's Opposition to Motion to Dismiss, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Kaplan, Richard) (Entered: 09/10/2010)
2010-09-10
1
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Answer to Counterclaims) (JD) (Entered: 09/13/2010)
2010-09-13
1
ORDER granting parties' 91 Joint Motion to Seal Document Number 90 (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 9/15/2010. (SWM) (Entered: 09/15/2010)
2010-09-15
1
MOTION to Dismiss, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Burke, Daniel) (Entered: 09/16/2010)
2010-09-16
1
BRIEF/MEMORANDUM in Support re 94 MOTION to Dismiss, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A: Declaration of John David Evered, # 2 Exhibit A-1: Endologix's current Patient's Guide, # 3 Exhibit A-2: Endologix's current Intuitrak Product Brochure, # 4 Exhibit A-3: Complaint filed by Cook in Monroe Circuit Court, # 5 Exhibit A-5: Permanent Injunction and Final Judgment dated 12-1-08)(Burke, Daniel) (Entered: 09/16/2010)
2010-09-16
1
*** SEALED PER 98 ORDER OF 9/22/10 *** SEALED REPLY in support of Motion re 94 MOTION to Dismiss, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit of Daniel K. Burke, # 2 Exhibit 7 - Excerpts from Hearing Transcript)(Burke, Daniel) Modified on 9/23/2010 (TMA). (Entered: 09/20/2010)
2010-09-20
1
MOTION to Seal Document 96 SEALED Reply in support of Motion to Dismiss, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Redacted Reply Brief in Support of Motion to Dismiss, # 2 Affidavit of Daniel K. Burke in Support of Motion to Dismiss, # 3 Exhibit 7 - Excerpts from Hearing Transcript, # 4 Text of Proposed Order)(Burke, Daniel) (Entered: 09/20/2010)
2010-09-20
1
ORDER granting 97 Motion to Seal 96 REPLY in support of Motion re 94 MOTION to Dismiss. Signed by Magistrate Judge Tim A. Baker on 9/22/2010. (TMA) (Entered: 09/23/2010)
2010-09-22
1
REPLY in Support of Motion re 94 MOTION to Dismiss, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Affidavit of Daniel K. Burke, # 2 Exhibit 7 - Excerpts from Hearing Transcript)(Burke, Daniel) (Entered: 09/23/2010)
2010-09-23
1
ORDER granting 88 Joint Motion For Defendant Endologix, Inc. To File A Redacted Version Of Its Memorandum In Support Of Defendant's Motion To Dismiss And To File And Maintain Under Seal An Unredacted Version Thereof And Exhibits 4 And 6. It is hereby ORDERED that the Clerk seal, and maintain under seal, the following documents: Unredacted version of Memorandum in Support of Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (6), including the Declaration of John David Evered filed in support of the Motion to Dismiss (Dkt. No. 82). Further, it is hereby ORDERED that Endologix shall file, so as to make available to the public as soon as practicable, the following documents: Endologix's Motion to Dismiss (Dkt. No. 81). Redacted version of Memorandum in Support of Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), attached as Attachment A to the Joint Supplemental Motion. Signed by Magistrate Judge Tim A. Baker on 9/27/2010. (SWM) (Entered: 09/28/2010)
2010-09-27
1
ORDER granting 84 Motion for Oral Agrument on Defendant's Motion to Dismiss. The hearing is set for 12/15/2010 10:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 10/1/2010. (JD) (Entered: 10/01/2010)
2010-10-01
1
NOTICE of Withdrawal of Appearance by Richard A. Kaplan on behalf of COOK INCORPORATED (Lane, Bradley) (Entered: 10/11/2010)
2010-10-11
1
MARGINAL ENTRY approving withdrawal of appearance of attorney Richard A. Kaplan. Signed by Judge Tanya Walton Pratt on 10/12/2010.(JD) (Entered: 10/12/2010)
2010-10-12
1
NOTICE of Supplemental Authority, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, re 94 MOTION to Dismiss. (Attachments: # 1 Exhibit A) (Lane, Bradley) (Entered: 10/15/2010)
2010-10-15
1
Joint Claim Construction Statement by COOK INCORPORATED, ENDOLOGIX, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lane, Bradley) Modified on 11/1/2010 (JD). (Entered: 10/29/2010)
2010-10-29
1
Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Status Conference held on 11/2/2010. Discussion held regarding discovery, settlement, and related matters. Given the parties' settlement positions, it does not appear that a court-supervised settlement conference would be productive at this time. The parties shall notify the Court promptly if there is any material change in their settlement positions. Signed by Magistrate Judge Tim A. Baker.(SWM) (Entered: 11/04/2010)
2010-11-03
1
RESPONSE re 70 Order: Case ManagementScheduling Order Opening Claim Construction of Brief & Exhibits A-G, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Abdominal Aortic Aneurysm, # 2 Exhibit B - Endovascular Aortic Aneurysm Repair, # 3 Exhibit C - Cook Incorporated, # 4 Exhibit D - Cook News Release, # 5 Exhibit E - '706 Patent, # 6 Exhibit F - '568 Patent, # 7 Exhibit G - '706 Patent Reexamination Certifcate)(Lane, Bradley) (Entered: 11/09/2010)
2010-11-09
1
Exhibits H-K re 107 Opening Claim Construction of Brief by COOK INCORPORATED (Attachments: # 1 Exhibit H - '777 Patent, # 2 Exhibit I - '777 Patent Reexamination Certificate, # 3 Exhibit J - '622 Patent, # 4 Exhibit K - Notice of Manual Filing Exhibit K) (Lane, Bradley) Modified on 11/10/2010 (JD). (Entered: 11/09/2010)
2010-11-09
1
Exhibits L-N re 107 Opening Claim Construction of Brief, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit L - '918 Patent, # 2 Cover Sheet for Sealed Document M _ Notice of Manual Filing of Exhibit M, # 3 Exhibit N - Response to First Office Action) (Lane, Bradley) Modified on 11/10/2010 (JD). (Entered: 11/09/2010)
2010-11-09
1
Exhibits O-Q re 107 Opening Claim Construction of Brief, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit O - Notice of Manual Filing Ex. O, # 2 Exhibit P - Notice of Manual Filing Ex. P, # 3 Exhibit Q - '665 Patent) (Lane, Bradley) Modified on 11/10/2010 (JD). (Entered: 11/09/2010)
2010-11-09
1
NOTICE of Conversion from Manual Filing to Electronic Filing, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, re 110 Notice (Other), 108 NOTICE of Filing, 109 Notice (Other). (Lane, Bradley) (Entered: 11/10/2010)
2010-11-10
1
EXHIBIT re 107 Response Exhibit K (Webster's Ninth New Collegiate Dictionary) by COOK INCORPORATED. (Attachments: # 1 Exhibit M - Amendment and Response to Second Office Action, # 2 Exhibit O - Response to First Office Action, # 3 Exhibit P - April 2, 2010 Office Action)(Lane, Bradley) (Entered: 11/10/2010)
2010-11-10
1
***WITHDRAWN PER 120 *** MOTION to Compel Production of Samples of Defendant's Accused Devices, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Counsel's Certification)(Lane, Bradley) Modified on 12/8/2010 (MAC). (Entered: 11/16/2010)
2010-11-16
1
BRIEF/MEMORANDUM in Support re 113 MOTION to Compel Production of Samples of Defendant's Accused Devices, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Cook's First Set of Requests for Production, # 2 Exhibit B - Endologix's Responses to Cook's First Set of Requests for Production, # 3 Exhibit C- Sept. 1, 2010 Letter from Evered to Lane, # 4 Exhibit D - Oct. 22, 2010 Letter from Lane to Evered, # 5 Exhibit E - Nov. 1, 2010 Letter from Evered to Lane, # 6 Exhibit F - Nov. 4, 2010 Letter from Lane to Evered, # 7 Exhibit G - Nov. 5, 2010 Letter from Evered to Lane)(Lane, Bradley) (Entered: 11/16/2010)
2010-11-16
1
SCHEDULING ORDER: Evidentiary Hearing set for 12/14/2010 01:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If this matter is resolved prior to the hearing, counsel shall promptly advise the Court and the hearing will be vacated. Signed by Magistrate Judge Tim A. Baker on 11/22/2010.(CBU) (Entered: 11/23/2010)
2010-11-22
1
Unopposed MOTION for Extension of Time to December 10, 2010 in which to 114 Brief/Memorandum in Support of Motion, 113 MOTION to Compel Production of Samples of Defendant's Accused Devices, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Daniel) (Entered: 11/29/2010)
2010-11-29
1
ORDER granting deft's 116 Motion for Extension of Time to File response to pltf's motion to compel to Noon on 12/10/2010. Signed by Magistrate Judge Tim A. Baker on 12/2/2010.(SWM) (Entered: 12/02/2010)
2010-12-02
1
MOTION OPENING CLAIM CONSTRUCTION BRIEF, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Appendix A - Claim Construction Chart for U.S. Patent No. 5,035,706, # 2 Appendix B - Claim Construction Chart for U.S. Patent No. 5,755,777, # 3 Exhibit 1 - U.S. Patent No. 4,733,665 (Palmaz), # 4 Exhibit 2- Abdominal Aortic Aneurysm, # 5 Exhibit 3 - Intuitrak Product Brochure, # 6 Exhibit 4 - Powerlink Patient's Guide, # 7 Exhibit 5 - U.S. Patent No. 5,035,706 (Gianturco), # 8 Exhibit 6 - U.S. Patent No. 4,580,568 (Gianturco), # 9 Exhibit 7 - Uchida, Modifications of Gianturo Expandable Wire Stents, # 10 Exhibit 8 - Mirich, Percutaneously Placed Endovascular Grafts for Aortic Aneurysms: Feasibility Study, # 11 Exhibit 9 - U.S. Patent No. 5,755,777 (Chuter), # 12 Exhibit 10 - U.S. Patent No. 4,776,337 (Palmaz), # 13 Exhibit 11 - Parodi, Stent-Graft Combination: A New Technique for the Treatment of Aneurysms, # 14 Exhibit 12 - U.S. Patent No. 4,665,918 (Garza), # 15 Exhibit 13 - Taber's Cyclopedic Medical Dictionary, # 16 Exhibit 14 - Merriam-Webster's Collegiate Dictionary, # 17 Exhibit 15 - 9/22/97 Cook's First Office Action Response ('777 Patent), # 18 Exhibit 16 - Cook's '777 Patent Reexamination Response)(Burke, Daniel) (Entered: 12/02/2010)
2010-12-02
1
MOTION to Withdraw 113 MOTION to Compel Production of Samples of Defendant's Accused Devices, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order)(Lane, Bradley) (Entered: 12/07/2010)
2010-12-07
1
ORDER withdrawing 113 Motion to Compel; granting 119 Motion to Withdraw. The Order setting hearing dated 11/22/2010 is Vacated. Signed by Magistrate Judge Tim A. Baker on 12/8/2010.(MAC) (Entered: 12/08/2010)
2010-12-08
1
RESPONSE re 107 Response Reply Claim Construction Brief, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Appendix Claim Chart '706 Patent, # 2 Appendix Claim Chart '777 Patent, # 3 Exhibit R - Endologix Request for Reexamination, # 4 Exhibit S - Wiktor Patent, # 5 Exhibit T - Statement of Reasons for Patentability, # 6 Exhibit U - Excerpt of Original '706 Patent Prosecution History)(Lane, Bradley) (Entered: 12/13/2010)
2010-12-13
1
ENTRY and Order for proceedings held before Judge Tanya Walton Pratt on 12/15/2010: Oral argument held re 81 SEALED MOTION to Dismiss, filed by ENDOLOGIX, INC. The Court takes this matter under advisement and will issue a ruling within thirty to forty-five days. Defendant/Counter Claimant, Endologix, Inc., requests permission to file a 10 page reply claim construction brief. The Court grants Defendant's request and orders reply filed by December 22, 2010. (Court Reporter Fred Pratt.) (TRG) (Entered: 12/15/2010)
2010-12-15
1
*UNSEALED PER DKT. NO. 276 * SEALED ENTRY ON MOTION TO DISMISS - For the reasons set forth 81 Motion to Dismiss is DENIED in its entirety. (**SEE ENTRY**). Signed by Judge Tanya Walton Pratt on 12/22/2010. (JD) Modified on 12/22/2010 (JD). Modified on 12/23/2010 (TRG). Modified on 8/20/2012 (JD). (Entered: 12/22/2010)
2010-12-22
1
Surreply re 118 MOTION OPENING CLAIM CONSTRUCTION BRIEF, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 17 - Manual of Patent Examining and Procedure §2173.05)(Burke, Daniel) (Entered: 12/22/2010)
2010-12-22
1
TRANSCRIPT of Defendant's Motion to Dismiss held on 12-15-2010, before Judge Tanya Walton Pratt. Court Reporter/Transcriber Fred Pratt, Telephone number (317) 916-8209. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 1/20/2011. Release of Transcript Restriction set for 3/30/2011. (Pratt, Fred) Released on 4/5/2011 (SWM). (Entered: 12/30/2010)
2010-12-30
1
NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge Tanya Walton Pratt on 12-15-2010. (Pratt, Fred) (Entered: 12/30/2010)
2010-12-30
1
SCHEDULING ORDER - The Court, on its own motion, continues the Markman Hearing scheduled for February 8, 2011 and RESETS hearing for Tuesday, April 15, 2011, at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 1/12/2011.(JD) (Entered: 01/12/2011)
2011-01-12
1
CORRECTED SCHEDULING ORDER re 127 - The Court, on its own motion, continues the Markman Hearing scheduled for February 8, 2011 and RESETS hearing for Friday, April 15, 2011, at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. This order is corrected to reflect April 15 is a Friday, not a Tuesday. Signed by Judge Tanya Walton Pratt on 1/12/2011.(TRG) (Entered: 01/12/2011)
2011-01-12
1
NOTICE of Withdrawal of Appearance by Randy L. Campbell on behalf of COOK INCORPORATED (Phillip, Danielle) (Entered: 03/22/2011)
2011-03-22
1
MARGINAL NOTATION APPROVING withdrawal of Appearance of Attorney Randy Lee Campbell, Jr. Signed by Judge Tanya Walton Pratt on 3/23/2011.(JD) (Entered: 03/24/2011)
2011-03-23
1
Statement Amended Joint Claim Construction Statement by COOK INCORPORATED. (Attachments: # 1 Exhibit A - List of Agreed Claim Constructions, # 2 Exhibit B - List of Parties' Proposed Constructions for Disputed Terms of 706 Patent, # 3 Exhibit C - List of Parties' Proposed Constructions for Disputed Terms of 777 Patent)(Lane, Bradley) (Entered: 04/11/2011)
2011-04-11
1
ENTRY IN PREPARATION OF MARKMAN HEARING - In preparation of and in order to streamline the Markman hearing scheduled for April 15, 2011 the Court is requesting that the parties collaborate and submit a proposed agenda. This proposed agenda should explain the format and order of presentation, as well as what technology the parties will be utilizing. The proposed agenda should be filed on CM/ECF no later than Wednesday, April 13, 2011. Signed by Judge Tanya Walton Pratt on 4/11/2011.(JD) (Entered: 04/11/2011)
2011-04-11
1
Statement Proposed Agenda for Markman Hearing by COOK INCORPORATED. (Lane, Bradley) (Entered: 04/13/2011)
2011-04-13
1
ENTRY for Markman Hearing held before Judge Tanya Walton Pratt on 4/15/2011: Parties appear by counsel. Oral argument is held regarding claim construction. The Court takes this matter under advisement and will issue a ruling within ninety (90) days. Signed by Judge Tanya Walton Pratt.(Court Reporter Fred Pratt.) (TRG) (Entered: 04/15/2011)
2011-04-15
1
EXHIBIT re 121 Response Notice of Filing of Demonstrative Exhibits Presented by Cook Incorporated at the April 15, 2011 Markman Hearing by COOK INCORPORATED. (Attachments: # 1 Exhibit Cook Incorporated's Demonstrative Slides Part 1, # 2 Exhibit Cook Incorporated's Demonstrative Slides Part 2, # 3 Exhibit Cook Incorporated's Demonstrative Slides Part 3, # 4 Exhibit Cook Incorporated's Demonstrative Slides Part 4)(Phillip, Danielle) (Entered: 04/18/2011)
2011-04-18
1
EXHIBIT re 118 MOTION OPENING CLAIM CONSTRUCTION BRIEF Notice of Filing of Demonstrative Exhibit Presented at the April 15, 2011 Markman Hearing by ENDOLOGIX, INC.. (Attachments: # 1 Exhibit Endologix's Demonstrative Slide Used at the Markman Hearing)(Evered, John) (Entered: 04/21/2011)
2011-04-21
1
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC. (Proposed for Phase II). (Lane, Bradley) (Entered: 04/29/2011)
2011-04-29
1
MARGINAL ENTRY re Proposed Phase II CMP: The District Judge's Markman decision is expected by July 15, 2011. [Docket No. 134] Accordingly, a telephonic status conference with the Magistrate Judge is set for 10:00 a.m. July 26, 2011. Instructions for contacting the Court for this conference will be provided to counsel of record via email. This proposed CMP will remain under advisement until that conference. Signed by Magistrate Judge Tim A. Baker on 5/5/2011.(SWM) (Entered: 05/05/2011)
2011-05-05
1
TRANSCRIPT of Markman Hearing held on 4-15-11 before Judge Tanya Walton Pratt. (149 pages.) Court Reporter/Transcriber: Fred Pratt (Telephone: (317) 916-8209). Please review the USDC Transcript Policy for more information on redaction procedures. Redaction Statement due 6/7/2011. Release of Transcript Restriction set for 8/15/2011. (Pratt, Fred) Released on 8/16/2011 (SWM). (Entered: 05/17/2011)
2011-05-17
1
NOTICE of FILING of OFFICIAL TRANSCRIPT of Markman Hearing held before Judge Tanya Walton Pratt on 4-15-11 (Pratt, Fred) (Entered: 05/17/2011)
2011-05-17
1
Reassignment of Case to Magistrate Judge Denise K. LaRue. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number (1:09-cv-01248-TWP-DKL), which includes the initials of the newly assigned judge, on all future filings in this matter. (TRG) (Entered: 05/24/2011)
2011-05-24
1
SCHEDULING ORDER: Telephonic Status Conference set for 7/26/11 is VACATED and RESCHEDULED for 8/30/2011 04:00 PM before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 7/26/2011. (TMA) (Entered: 07/26/2011)
2011-07-26
1
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC. Revised Proposed Case Management Plan. (Lane, Bradley) (Entered: 08/05/2011)
2011-08-05
1
ENTRY on Claim Construction - The disputed claim terms have the meaning set out in this order. Signed by Judge Tanya Walton Pratt on 8/16/2011.(TRG)
2011-08-16
1
Second Revised CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC. (Lane, Bradley) Modified (moved wording around) on 9/2/2011 (JD). (Entered: 09/01/2011)
2011-09-01
1
Minute Entry for Telephonic Status Conference held before Magistrate Judge Denise K. LaRue on 8/30/2011. The parties discussed case status. The parties were directed to file a Phase II Case Management Plan reflecting the dates which were agreed upon during the conference. (REO) (Entered: 09/14/2011)
2011-09-14
1
ORDER: SECOND REVISED PHASE II CASE MANAGEMENT PLAN APPROVED AS SUBMITTED - Discovery due by 3/2/2012. Dispositive Motions due by 3/30/2012. Signed by Magistrate Judge Denise K. LaRue on 9/14/2011.(REO) (Entered: 09/14/2011)
2011-09-14
1
SCHEDULING ORDER - Having approved the Case Management Plan as submitted, the Court hereby sets the Final Pretrial Conference for Wednesday, October 10, 2012, at 2:30 p.m., in Room 330, and the Jury Trial to begin on Monday, October 29, 2012, at 9:00 a.m., in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 9/16/2011.(JD) (Entered: 09/16/2011)
2011-09-16
1
TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (JD) (Entered: 09/16/2011)
2011-09-16
1
SCHEDULING ORDER:Telephonic Status Conference set for 10/21/2011, at 10:30 AM, before Magistrate Judge Denise K. LaRue. The conference is for purposes of addressing the parties' discovery dispute. Counsel shall call the court at 317-229-3964 to participate in the conference. Signed by Magistrate Judge Denise K. LaRue on 10/19/2011. (LH) (Entered: 10/20/2011)
2011-10-19
1
MOTION for Attorney(s) Jason W. Schigelone to Appear pro hac vice., filed by Plaintiff COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order)(Phillip, Danielle) (Entered: 10/20/2011)
2011-10-20
1
MOTION for Attorney(s) Bryan J. Leitenberger to Appear pro hac vice., filed by Plaintiff COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order)(Phillip, Danielle) (Entered: 10/20/2011)
2011-10-20
1
Minute Entry for proceedings held before Magistrate Judge Denise K. LaRue: Telephonic Status Conference held on 10/21/2011, to resolve a discovery dispute. The Court ORDERS Defendant to permit Plaintiff an inspection of Defendant's stent production area. The inspection will last no more than eight total hours over a two-day period. (See Entry.) Signed by Magistrate Judge Denise K. LaRue. (TMA) (Entered: 10/25/2011)
2011-10-24
1
RECEIPT #IP026789 in the amount of $ 60.00, re Motions to Appear Pro Hac Vice (Dkt. Nos. 153 & 154 ). (JD) (Entered: 10/25/2011)
2011-10-24
1
AFFIDAVIT in Support of Motion re 154 MOTION for Attorney(s) Bryan J. Leitenberger to Appear pro hac vice., filed by Plaintiff COOK INCORPORATED. (Phillip, Danielle) (Entered: 10/25/2011)
2011-10-25
1
AFFIDAVIT in Support of Motion re 153 MOTION for Attorney(s) Jason W. Schigelone to Appear pro hac vice., filed by Plaintiff COOK INCORPORATED. (Phillip, Danielle) (Entered: 10/25/2011)
2011-10-25
1
ORDER granting 153 Motion to Appear pro hac vice. Attorney Jason W. Schigelone for COOK INCORPORATED added. Signed by Magistrate Judge Denise K. LaRue on 10/27/2011. c/m (TMA) (Entered: 10/31/2011)
2011-10-27
1
ORDER granting 154 Motion to Appear pro hac vice. Attorney Bryan J. Leitenberger for COOK INCORPORATED added. Signed by Magistrate Judge Denise K. LaRue on 10/27/2011. c/m (TMA) (Entered: 10/31/2011)
2011-10-27
1
Minute Entry for proceedings held before Magistrate Judge Denise K. LaRue on 11/14/11: During the course of a non-party deposition, the parties requested assistance from the Court. When the Court contacted the parties telephonically, the parties informed the Court that they resolved the dispute and were proceeding accordingly. Signed by Magistrate Judge Denise K. LaRue. (TMA) (Entered: 11/15/2011)
2011-11-14
1
Joint MOTION for Leave to File Plaintiff's Amended Final Infringement Contentions and Defendant's Amended Final Invalidity Contentions, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 1 Plaintiff's Amended Disclosure of Asserted Claims and Final Infringement Contentions, # 2 Exhibit 2 Defendant Endologix's Supplemented Final Invalidity Contentions, # 3 Text of Proposed Order Granting Agreed Motion for Leave to Amend Infringement and Invalidity Contentions)(Evered, John) (Entered: 01/30/2012)
2012-01-30
1
Plaintiff's Amended Disclosure of Asserted Claims and Final Infringement Contentions, filed by Plaintiff COOK INCORPORATED. (TRG) (Entered: 01/31/2012)
2012-01-30
1
Defendant Endologix's Supplemented Final Invalidity Contentions, filed by Defendant ENDOLOGIX, INC. (TRG) (Entered: 01/31/2012)
2012-01-30
1
ORDER granting 162 Motion for Leave to File. The Amended Infringement Contentions attached to the Agreed Motion shall be deemed as filed and served as of January 30, 2012. The Amended Invalidity Contentions attached to the Agreed Motion shall be deemed as filed and served as of January 30, 2012. Signed by Judge Tanya Walton Pratt on 1/31/2012. (TRG) (Entered: 01/31/2012)
2012-01-31
1
SEALED MEMORANDUM in Support of 169 Motion for Summary Judgment, filed by Defendant ENDOLOGIX, INC. (Attachments: # (1) Affidavit of Joseph S. Cianfrani in Support of Motion for Summary Judgment, # (2) Exhibit 10 Endologix Sales Records, # (3) Exhibit 11 Settlement and Release Agreement, # (4) Exhibit 14 Expert Report of Julie L. Davis, # (5) Exhibit 15 Cook's Response to Endologix's Interrogatory No. 19, # (6) Exhibit 16 Excerpts of Deposition Transcript of David Biggs, # (7) Exhibit 17 Excerpts of Deposition Transcript of Cynthia Kretz, # (8) Exhibit 18 Excerpts of Deposition Transcript of Melvin Kem Hawkins, # (9) Exhibit 19 Excerpts of Expert Report of Gordon McLean, # (10) Affidavit of Daniel K. Burke in Support of Motion for Summary Judgment, # (11) Exhibit 110 Exhibit entered into evidence at the preliminary injunction, # (12) Text of Proposed Order Granting Summary Judgement)(Cianfrani, Joseph) Modified event description on 2/6/2012 (JD). Added document link to MSJ on 2/7/2012 (JD). Modified on 9/12/2012 (TMA). ***166-1, 166-9, 166-10, 166-11, and 166-12 UNSEALED PER ORDER OF 9-12-12 *** (Entered: 02/03/2012)
2012-02-03
1
MOTION to Seal Document 166 SEALED MEMORANDUM in Support of Motion for Summary Judgment, filed by Defendant ENDOLOGIX, INC. (Attachments: # 1 Cover Sheet for Sealed Document for Summary Judgement, # 2 Text of Proposed Order Granting Motion for Leave to File Under Seal)(Cianfrani, Joseph) Modified document link description on 2/6/2012 (JD). (Entered: 02/03/2012)
2012-02-03
1
EXHIBIT in Support of Motion re 166 SEALED MEMORANDUM in Support of 169 Motion for Summary Judgment, filed by Defendant ENDOLOGIX, INC. (Attachments: # 1 Exhibit 1 Verified complaint filed February 6, 2008, # 2 Exhibit 2 Hearing Transcript of Defendant's Motion to Dismiss, # 3 Exhibit 3 Notice of Removal, # 4 Exhibit 4 Excerpts of Preliminary Hearing Transcript, # 5 Exhibit 5 Preliminary Injunction Order, # 6 Exhibit 6 Supplemental Preliminary Injunction Order, # 7 Exhibit 7 Documents Produced by Endologix, # 8 Exhibit 8 Excerpts from Plaintiff's Disclosure of Asserted Claims and Preliminary Infringement Contentions, # 9 Exhibit 9 Press Release issued by Endologix on October 22, 2008, # 10 Exhibit 12 Permanent Injunction and Final Judgment, # 11 Exhibit 13 Amended Complaint filed on August 11, 2010)(Cianfrani, Joseph) Modified document link description on 2/6/2012 (JD). Added document link to MSJ on 2/7/2012 (JD). (Entered: 02/03/2012)
2012-02-03
1
MOTION for Summary Judgment, filed by Defendant ENDOLOGIX, INC.. (Cianfrani, Joseph) (Entered: 02/06/2012)
2012-02-06
1
Unopposed MOTION for Extension of Time to File Response to 169 MOTION for Summary Judgment, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Lane, Bradley) Modified event type and added document link on 3/2/2012 (JD). (Entered: 03/01/2012)
2012-03-01
1
NOTICE of Appearance by Ralph J. Gabric on behalf of Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 03/05/2012)
2012-03-05
1
ORDER granting 170 Motion for Extension of Time to File Response/Reply re 169 MOTION for Summary Judgment . Response due by 3/8/2012. Signed by Magistrate Judge Denise K. LaRue on 3/6/2012. (TMA) (Entered: 03/07/2012)
2012-03-06
1
SEALED RESPONSE re 169 MOTION for Summary Judgment, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Affidavit Declaration of Bryan J. Leitenberger, # (2) Exhibit A - Entry on Motion to Dismiss, # (3) Exhibit K - Settlement and Release Agreement, # (4) Exhibit L - Excerpts of McDermott Transcript, # (5) Exhibit M - Excerpts of Hawkins Transcript, # (6) Exhibit N - Letter from Burgan to Hull, # (7) Exhibit O - Cook's Supplemental Response to Interrogatory Nos. 4 and 5, # (8) Exhibit P - Excerpts of Kretz Transcript, # (9) Exhibit Q - Excerpts of Krist Transcript, # (10) Exhibit R - Email from Burke to Terrell, # (11) Exhibit S - Email from Terrell to Burke, # (12) Exhibit T - Excerpt of Endologix Supplemental Response to Interrogatories Nos. 1(a), 1(b), 3 and 4, # (13) Exhibit V - Instructions for Use of Powerlink System)(Lane, Bradley) Modified on 9/12/2012 (TMA). *** DOCUMENTS 173-1, 173-2, 173-7, 173-9, 173-12, AND 173-13 ARE UNSEALED PER ORDER OF 9-12-12 *** (Entered: 03/08/2012)
2012-03-08
1
MOTION to Seal Document 173 SEALED Response to Motion for Summary Judgment, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Lane, Bradley) (Entered: 03/08/2012)
2012-03-08
1
Unsealed Exhibits in Support of 173 RESPONSE in Opposition to 169 Motion to Summary Judgment, filed by COOK INCORPORATED (Attachments: # 1 Exhibit B - Case Management Plan (Dkt No 62), # 2 Exhibit C - Case Management Plan (Dkt No 54), # 3 Exhibit D - Notice of Removal (Dkt No 1), # 4 Exhibit E - Evidentiary Hearing Entry (Dkt No 36), # 5 Exhibit F - Evidentiary Hearing Entry (Dkt No 38), # 6 Exhibit G - Order on Motion to Clarify (Dkt No 58), # 7 Exhibit H - Order Granting Preliminary Injunction (Dkt No 37), # 8 Exhibit I - Supplemental Order on Preliminary Injunction (Dkt No 39), # 9 Exhibit J - Excerpt of Preliminary Injunction Hearing Transcript (1 of 3), # 10 Exhibit J - Excerpt of Preliminary Injunction Hearing Transcript (2 of 3), # 11 Exhibit J - Excerpt of Preliminary Injunction Hearing Transcript (3 of 3), # 12 Exhibit U - Amended Witness List (Dkt No 35)) (Lane, Bradley) Added document links on 3/9/2012 (JD). (Entered: 03/08/2012)
2012-03-08
1
SEALED Submission of Signature Requirement re Exhibit 1 of 173 Response in Opposition to 169 Motion for Summary Judgment, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) Added document link on 3/9/2012 (JD). (Entered: 03/09/2012)
2012-03-09
1
***UNSEALED PER ENTRY AT 340 *** REPLY in support of Motion re 169 MOTION for Summary Judgment THAT COOKS PATENT INFRINGEMENT CLAIMS ARE BARRED BY CONTRACTUAL ESTOPPEL, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) Modified on 9/14/2012 (REO). (Entered: 03/26/2012)
2012-03-26
1
MOTION to Seal Document 177 SEALED Reply in support of Motion FOR SUMMARY JUDGMENT THAT COOKS PATENT INFRINGEMENT CLAIMS ARE BARRED BY CONTRACTUAL ESTOPPEL, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Sganga, John) (Entered: 03/26/2012)
2012-03-26
1
MOTION for Summary Judgment OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Stowell, Joshua) (Entered: 03/30/2012)
2012-03-30
1
*** UNSEALED PER ORDER OF 10/1/12 *** MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ENDOLOGIXS, re 179 Motion for Summary Judgment, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) Modified on 10/1/2012 (TMA). (Entered: 03/30/2012)
2012-03-30
1
AFFIDAVIT in Support of Motion re 179 MOTION for Summary Judgment OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 6 Entry on Claim Construction, # 2 Exhibit 7 706 Patent, # 3 Exhibit 8 777 Patent, # 4 Exhibit 10 Patient's Guide, # 5 Exhibit 11 Powerlink IFU, # 6 Exhibit 12 U.S. Patent No. 4,580,568, # 7 Exhibit 13 Article, # 8 Exhibit 14 Response to First Office Action, # 9 Exhibit 15 Photographs of Physicals)(Stowell, Joshua) (Entered: 03/30/2012)
2012-03-30
1
NOTICE of Filing PHYSICAL EXHIBITS IN SUPPORT OF ENDOLOGIXS MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT by ENDOLOGIX, INC. (Stowell, Joshua) (Entered: 03/30/2012)
2012-03-30
1
EXHIBIT in Support of Motion re 179 MOTION for Summary Judgment OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT, filed by Defendant ENDOLOGIX, INC.. (Attachments: # (1) Exhibit 9 Zeng Dep. Tr., # (2) Exhibit 16 McLean Dep. Tr., # (3) Exhibit 17 Hodgson Rebuttal, # (4) Exhibit 18 Taylor Rebuttal, # (5) Exhibit 19 Schreck Dep. 10-11-12, # (6) Exhibit 20 Schreck Dep. 10-12-12, # (7) Exhibit 104 Endologix manufacturing instruction, # (8) Exhibit 107 Endologix manufacturing instruction, # (9) Exhibit 108 Endologix manufacturing instruction, # (10) Exhibit 120 Endologix design drawing, # (11) Exhibit 121 Endologix design drawing, # (12) Exhibit 122 Endologix design drawing, # (13) Exhibit 139 Endologix document, # (14) Exhibit 141Endologix manufacturing instruction, # (15) Exhibit 162 Endologix design drawing, # (16) Exhibit 394 Endologix design drawing, # (17) Exhibit 603 Endologix design drawing)(Stowell, Joshua) Modified on 3/30/2012 to seal document filed using an incorrect event. (TRG). Modified on 10/1/2012 (TMA). *** THE FOLLOWING ARE UNSEALED PER ORDER OF 10/1/12: 183-1 THRU 6 *** (Entered: 03/30/2012)
2012-03-30
1
MOTION to Seal Document 183 Exhibit in Support, 180 SEALED Document, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Stowell, Joshua) (Entered: 03/30/2012)
2012-03-30
1
Submission of Manual Filing, filed by Defendant ENDOLOGIX, INC. (JD) (Entered: 04/02/2012)
2012-04-02
1
Joint MOTION for Extension of Time to June 6, 2012 to File and Serve the Parties' Final Witness and Exhibit Lists, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Leitenberger, Bryan) (Entered: 04/03/2012)
2012-04-03
1
ORDER granting 186 Motion for Extension of Time to 6/6/12 to file final witness and exhibit lists. Signed by Magistrate Judge Denise K. LaRue on 4/12/2012. (TMA) (Entered: 04/13/2012)
2012-04-13
1
MOTION To Exclude Portions of the Expert Testimony of Dr. Gordon McLean, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Sganga, John) Modified on 4/23/2012 (JD). (Entered: 04/20/2012)
2012-04-20
1
*** UNSEALED PER ORDER OF 10/1/12 *** MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ENDOLOGIXS MOTION TO EXCLUDE PORTIONS OF THE EXPERT TESTIMONY OF DR. GORDON MCLEAN, re 188 Motion (Other), filed by Defendant ENDOLOGIX, INC.. (Sganga, John) Modified on 10/1/2012 (TMA). (Entered: 04/20/2012)
2012-04-20
1
DECLARATION of Joshua A. Stoweel in Support of 188 MOTION To Exclude Portions of the Expert Testimony of Dr. Gordon McLean, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 1 US Patent No. 5,035,706, # 2 Exhibit 2 US Patent No. 5,755,777, # 3 Exhibit 5 Claim Construction Order, # 4 Exhibit 11 Ltr. from Cook to Endologix re experts, # 5 Exhibit 12 Body Definition)(Sganga, John) Modified docket text on 4/23/2012 (JD). (Entered: 04/20/2012)
2012-04-20
1
SEALED Exhibits in Support of, re 188 MOTION To Exclude Portions of the Expert Testimony of Dr. Gordon McLean, filed by Defendant ENDOLOGIX, INC.. (Attachments: # (1) Exhibit 3 Opening Expert Report of Gordon McLean, # (2) Exhibit 4 McLean Deposition Transcript, # (3) Exhibit 6 Reply Expert Report of Gordon McLean to Opening Expert Report of Taylor, # (4) Exhibit 7 Biggs Deposition Transcript, # (5) Exhibit 8 Opening Expert Report of Julie Davis, # (6) Exhibit 9 Commercial Success Expert Report and Disclosure of Julie Davis, # (7) Exhibit 10 Davis Deposition Transcript)(Sganga, John) Modified document link description on 4/23/2012 (JD). Modified on 10/1/2012 (TMA). *** THE FOLLOWING ARE UNSEALED PER ORDER OF 10/1/12: 191-1, -2, -3, -7 *** (Entered: 04/20/2012)
2012-04-20
1
MOTION to Seal Document 189 SEALED Document, 191 SEALED Document, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Sganga, John) (Entered: 04/20/2012)
2012-04-20
1
MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Sganga, John) (Entered: 04/20/2012)
2012-04-20
1
SEALED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ENDOLOGIX'S MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS, re 193 Motion (Other), filed by Defendant ENDOLOGIX, INC.. (Sganga, John) (Entered: 04/20/2012)
2012-04-20
1
DECLARATION of John David Evered in Support of Motion re 193 MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 9 Redacted Order re Compulsory License)(Sganga, John) Modified docket text on 4/23/2012 (JD). (Entered: 04/20/2012)
2012-04-20
1
SEALED Exhibits in Support, re 193 to exclude opinion testimony of COOK'S damages expert JULIE DAVIS, filed by Defendant ENDOLOGIX, INC. (Attachments: # (1) Exhibit 1 Opening Expert Report of Julie Davis, # (2) Exhibit 2 Davis Deposition Transcript, # (3) Exhibit 3 Biggs Deposition Transcript, # (4) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part1, # (5) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part2, # (6) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part3, # (7) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part4, # (8) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part5, # (9) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part6, # (10) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part7, # (11) Exhibit 4 Deposition Exhibit 350 (Biggs)_Part 8, # (12) Exhibit 5 Schreck Deposition Transcript, # (13) Exhibit 6 McLean Deposition Transcript, # (14) Exhibit 7 Carpenter Deposition Transcript, # (15) Exhibit 8 Hodgson Deposition Transcript)(Sganga, John) Modified document link description on 4/23/2012 (JD). Modified on 10/1/2012 (TMA). *** THE FOLLOWING ARE UNSEALED PER ORDER OF 10/1/12: 196-12, 196-13, 196-14, AND 196-15 *** (Entered: 04/20/2012)
2012-04-20
1
MOTION to Seal Document 194 SEALED Document, 196 SEALED Document, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Sganga, John) (Entered: 04/20/2012)
2012-04-20
1
Joint MOTION for Extension of Time to file RESPONSE and REPLY to 188 MOTION To Exclude Portions of the Expert Testimony of Dr. Gordon McLean and 193 MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS,filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC. (Attachments: # 1 Text of Proposed Order)(Leitenberger, Bryan) Modified docket text on 4/26/2012 (JD). (Entered: 04/25/2012)
2012-04-25
1
ORDER granting 198 Joint Motion For Extensions Of Time For Cook To Respond To Endologix's Daubert Motions And For Endologix To Reply to Cook's Responses - Cook Incorporated has until, and including, May 18, 2012 to file responses to Endologix's Daubert Motions and Endologix, Inc. has until, and including, May 31, 2012 to file replies to Cook's responses. Signed by Judge Tanya Walton Pratt on 4/26/2012. (JD) (Entered: 04/26/2012)
2012-04-26
1
SEALED RESPONSE in Opposition to 179 MOTION for Summary Judgment OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Affidavit Dr. Gordon K. McLean, # (2) Exhibit 1 - Expert Report of Dr. Gordon K. McLean, # (3) Exhibit C - Excerpts of Deposition of Charles A. Taylor, # (4) Exhibit D - Excerpts of Deposition of Frank Zeng, # (5) Exhibit E - Deposition Exhibit 104, # (6) Exhibit F - Deposition Exhibit 105, # (7) Exhibit G - Deposition Exhibit 106, # (8) Exhibit H - Deposition Exhibit 120, # (9) Exhibit I - Deposition Exhibit 121, # (10) Exhibit J - Deposition Exhibit 122, # (11) Exhibit K - Deposition Exhibit 107, # (12) Exhibit L - Deposition Exhibit 139, # (13) Exhibit M - Deposition Exhibit 138, # (14) Exhibit N - Deposition Exhibit 162, # (15) Exhibit P - Excerpts of Deposition of Kim J. Hodgson, # (16) Exhibit R - Deposition Exhibit 43, # (17) Exhibit S - Deposition Exhibit 564, # (18) Exhibit X - Reply Expert Report of Dr. Gordon K. McLean to Kim J. Hodgson, # (19) Exhibit Y - Excerpts of Deposition of Jeffrey P. Carpenter, # (20) Exhibit Z - Deposition Exhibit 549, # (21) Exhibit AA - Deposition Exhibit 108, # (22) Exhibit AB - Excerpts of Deposition of Dr. Gordon K. McLean, # (23) Exhibit AE - Reply Expert Report of Dr. Gordon K. McLean to Charles A. Taylor, # (24) Exhibit AG - Annotated excerpts from DX 120, 122, 549, # (25) Exhibit AH - Excerpts of Deposition of Stefan Schreck, # (26) Exhibit AI - Deposition Exhibit 563, # (27) Exhibit AJ - Excerpts of Rebuttal Expert Report of Charles A. Taylor)(Gabric, Ralph) Modified docket text to include "in opposition to" on 5/1/2012 (JD). Modified on 10/1/2012 (TMA). *** THE FOLLOWING ARE UNSEALED PER ORDER OF 10/1/12: 200, 200-1, -2, -3, -4, -13, 15, -16, -18, -19, -22, -23, -24, -25, -27 *** (Entered: 04/30/2012)
2012-04-30
1
AFFIDAVIT in Support of 200 SEALED Response in Opposition to Motion re 179 MOTION for Summary Judgment OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Deposition Exhibit 615, # 2 Exhibit B - Entry on Claim Construction, # 3 Exhibit O - Deposition Exhibit 192, # 4 Exhibit Q - Deposition Exhibit 610, # 5 Exhibit T- Deposition Exhibit 618, # 6 Exhibit U - Deposition Exhibit 619, # 7 Exhibit V - Deposition Exhibit 620, # 8 Exhibit W - Deposition Exhibit 621, # 9 Exhibit AC - Excerpt of Opening Expert Report of Kim J. Hodgson, # 10 Exhibit AD - Deposition Exhibit 213, # 11 Exhibit AF - Deposition Exhibit 637, # 12 Exhibit AK - Intuitrak Endovascular AAA System Product Brochure)(Leitenberger, Bryan) Added document link on 5/1/2012 (JD). (Entered: 04/30/2012)
2012-04-30
1
NOTICE of SEALED Manual Filing in Support of 200 SEALED Response in Opposition to 179 Motion for Summary Judgment of Noninfringement of the Patents-in-suit, filed by COOK INCORPORATED (Leitenberger, Bryan) Modified docket text on 5/1/2012 (JD). (Entered: 04/30/2012)
2012-04-30
1
MOTION to Seal Document 200 SEALED Response to Motion, 204 Manual Filing, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Leitenberger, Bryan) Modified document link on 5/2/2012 (JD). (Entered: 04/30/2012)
2012-04-30
1
*** UNSEALED PER ORDER OF 10/1/12 *** REPLY in support of Motion re 179 MOTION for Summary Judgment OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) Modified on 10/1/2012 (TMA). (Entered: 05/17/2012)
2012-05-17
1
MOTION to Seal Document 205 SEALED Reply in support of Motion SUMMARY JUDGMENT OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Cover Sheet for Sealed Document, # 2 Text of Proposed Order)(Sganga, John) (Entered: 05/17/2012)
2012-05-17
1
SEALED RESPONSE in Opposition re 193 MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Exhibit A - Opening Expert Report and Disclosure of Julie L. Davis, # (2) Exhibit B - Excerpts of Deposition Transcript of David P. Biggs, # (3) Exhibit C - Excerpts of Deposition Transcript of Robert Krist, # (4) Exhibit D - Excerpt of Deposition Transcript of John McDermott, # (5) Exhibit E - Excerpt of Transcript of Martin Tyler, # (6) Exhibit F - Excerpt of Transcript of Gordon Kennedy McLean, # (7) Exhibit G - Deposition Exhibit 50, # (8) Exhibit H - Endologix Presentation, # (9) Exhibit I - Deposition Exhibit 349, # (10) Exhibit J - Deposition Exhibit 18, # (11) Exhibit K - BIBA market report, # (12) Exhibit L - Deposition Exhibit 350 Pt 1, # (13) Exhibit L - Deposition Exhibit 350 Pt 2, # (14) Exhibit L - Deposition Exhibit 350 Pt 3)(Lane, Bradley) Modified docket text on 5/21/2012 (JD). Modified on 10/1/2012 (TMA). *** THE FOLLOWING ARE UNSEALED PER ORDER OF 10/1/12: 207-3 THRU 8, AND 207-10 *** (Entered: 05/18/2012)
2012-05-18
1
AFFIDAVIT in Support of 207 Response in Opposition to Motion re 193 MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit M - Excerpt of Statistical Analysis with Missing Data)(Phillip, Danielle) Added document link on 5/21/2012 (JD). (Entered: 05/18/2012)
2012-05-18
1
MOTION to Seal Document 207 SEALED Response to Motion in Opposition to 193, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Phillip, Danielle) (Entered: 05/18/2012)
2012-05-18
1
*** UNSEALED PER ORDER OF 10/1/12 *** RESPONSE in Opposition to 188 MOTION To Exclude Portions of the Expert Testimony of Dr. Gordon McLean, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Exhibit C - Opening Expert Report of Dr. McLean, # (2) Exhibit G - Excerpts from the deposition of Dr. McLean, # (3) Exhibit J - CK00293406, # (4) Exhibit M - CK00418857, # (5) Exhibit N - Excerpts from the deposition of Dr. Carpenter, # (6) Exhibit R - Expert Report of Dr. McLean in Reply to Dr. Hodgson, # (7) Exhibit T - Declaration of Dr. McLean, # (8) Exhibit X - Excerpts from the deposition of Professor Taylor, # (9) Exhibit Z - Expert Report of Dr. McLean in Reply to Professor Taylor, # (10) Exhibit CC - Excerpts from the deposition of Dr. Hodgson, # (11) Exhibit EE - Excerpts from the rebuttal report of Dr. Hodgson)(Lane, Bradley) Modified docket text on 5/21/2012 (JD). Modified on 10/1/2012 (TMA). (Entered: 05/18/2012)
2012-05-18
1
AFFIDAVIT in Support of 210 Response in Opposition to Motion re 188 MOTION To Exclude Portions of the Expert Testimony of Dr. Gordon McLean, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - US Patent 5,035,706, # 2 Exhibit B - US Patent 5,755,777, # 3 Exhibit D - Excerpts of Expert Report of Professor Taylor, # 4 Exhibit E - Excerpts of Expert Report of Dr. Carpenter, # 5 Exhibit F - Excerpts of Expert Report of Dr. Hodgson, # 6 Exhibit H- SIR Article, # 7 Exhibit I - Interventional Radiology Article, # 8 Exhibit K - CK00293370, # 9 Exhibit L - New Expandable Article, # 10 Exhibit O - Balloon-Expandable Intraluminal Stents Article, # 11 Exhibit P - US Patent 4,580,568, # 12 Exhibit Q - US Patent 4,733,665, # 13 Exhibit S - Stent Placement Article, # 14 Exhibit U - Stent-graft design article, # 15 Exhibit V - Unique aortic challenges, # 16 Exhibit W - CK00332501, # 17 Exhibit Y - Use of the intuitrak stent-graft delivery system article, # 18 Exhibit AA - Entry on Claim Construction, # 19 Exhibit BB - Percutaneous endovascular graft article, # 20 Exhibit DD - Patient guide, # 21 Exhibit FF - Intuitrak endovascular AAA system brochure, # 22 Exhibit GG - Paper weights article)(Leitenberger, Bryan) Added document link on 5/21/2012 (JD). (Entered: 05/18/2012)
2012-05-18
1
MOTION to Seal Document 210 SEALED Response to Motion in Opposition to 188 Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Leitenberger, Bryan) (Entered: 05/18/2012)
2012-05-18
1
*** UNSEALED PER ORDER OF 10/1/12 *** SURREPLY re 179 MOTION for Summary Judgment OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT Surreply Memorandum in Opposition, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) Modified on 5/30/2012 (JD). Modified on 10/1/2012 (TMA). (Entered: 05/29/2012)
2012-05-29
1
MOTION to Seal Document 213 SEALED Response to Motion Surreply Memorandum in Opposition to Endologix's Motion for Summary Judgment of Noninfringement of the Patents-In-Suit, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Leitenberger, Bryan) (Entered: 05/29/2012)
2012-05-29
1
*** UNSEALED PER ORDER OF 10/1/12 *** REPLY in support of Motion re 188 MOTION To Exclude Portions of the Expert Testimony of Dr. Gordon McLean, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) Modified on 10/1/2012 (TMA). (Entered: 05/31/2012)
2012-05-31
1
MOTION to Seal Document 215 SEALED Reply in support of Motion TO EXCLUDE PORTIONS OF THE EXPERT TESTIMONY OF DR. GORDON MCLEAN, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Sganga, John) (Entered: 05/31/2012)
2012-05-31
1
SEALED REPLY in support of Motion re 193 MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) (Entered: 05/31/2012)
2012-05-31
1
MOTION to Seal Document 217 SEALED Reply in support of Motion TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Sganga, John) (Entered: 05/31/2012)
2012-05-31
1
Exhibit List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) (Entered: 06/06/2012)
2012-06-06
1
Witness List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) (Entered: 06/06/2012)
2012-06-06
1
*** UNSEALED PER 338 ENTRY OF 9/10/12 *** Exhibit A, re 219 Exhibit List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) Modified on 9/11/2012 (TMA). (Entered: 06/06/2012)
2012-06-06
1
MOTION to Seal Document 221 SEALED Document Exhibit A of Cook's Exhibit List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Leitenberger, Bryan) (Entered: 06/06/2012)
2012-06-06
1
Witness List, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) (Entered: 06/06/2012)
2012-06-06
1
Exhibit List, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) (Entered: 06/06/2012)
2012-06-06
1
ENTRY ON SUMMARY JUDGMENT ISSUE OF CONTRACTUAL ESTOPPEL - For the reasons set forth, Endologix's Motion for Summary Judgment (Dkt. # 169 ) is DENIED. The Court will address Endologix's remaining Motion for Summary Judgment (Dkt. # 179 ) in due course. Signed by Judge Tanya Walton Pratt on 7/6/2012. (JD)
2012-07-06
1
Witness List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) (Entered: 07/06/2012)
2012-07-06
1
Exhibit List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Exhibit List as of July 6, 2012)(Leitenberger, Bryan) (Entered: 07/06/2012)
2012-07-06
1
Exhibit List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Plaintiff's Trial Exhibit List)(Leitenberger, Bryan) (Entered: 08/10/2012)
2012-08-10
1
Witness List, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) (Entered: 08/10/2012)
2012-08-10
1
STIPULATION of Fact, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Leitenberger, Bryan) (Entered: 08/10/2012)
2012-08-10
1
NOTICE Regarding the Use of the Court's Video Evidence Presentation System, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED (Leitenberger, Bryan) (Entered: 08/10/2012)
2012-08-10
1
NOTICE of Cook's Deposition Designations, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED (Leitenberger, Bryan) (Entered: 08/10/2012)
2012-08-10
1
Witness List, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) (Entered: 08/10/2012)
2012-08-10
1
Exhibit List, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) (Entered: 08/10/2012)
2012-08-10
1
NOTICE of Endologix's Deposition Designations, filed by Defendant ENDOLOGIX, INC. (Sganga, John) (Entered: 08/10/2012)
2012-08-10
1
NOTICE of Anticipated Use of Electronic Evidence Presentation Equipment, filed by Defendant ENDOLOGIX, INC. (Sganga, John) (Entered: 08/10/2012)
2012-08-10
1
TRIAL BRIEF by ENDOLOGIX, INC.. (Sganga, John) (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 1 to Preclude Shawn Lawson and Michael Terrell from Testifying at Trial, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Evered, John) (Entered: 08/10/2012)
2012-08-10
1
BRIEF/MEMORANDUM in Support re 238 MOTION in Limine No. 1 to Preclude Shawn Lawson and Michael Terrell from Testifying at Trial, filed by Defendant ENDOLOGIX, INC.. (Evered, John) (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 2 to Exclude Reference at Trial to the 2008 Lawsuit Between the Parties, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Evered, John) (Entered: 08/10/2012)
2012-08-10
1
BRIEF/MEMORANDUM in Support re 240 MOTION in Limine No. 2 to Exclude Reference at Trial to the 2008 Lawsuit Between the Parties, filed by Defendant ENDOLOGIX, INC.. (Evered, John) (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 3 to Preclude Cook from Introducing Evidence of Damages for Infringement of the '777 Patent Before the Date of the Reexamination Certificate, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Evered, John) (Entered: 08/10/2012)
2012-08-10
1
BRIEF/MEMORANDUM in Support re 242 MOTION in Limine No. 3 to Preclude Cook from Introducing Evidence of Damages for Infringement of the '777 Patent Before the Date of the Reexamination Certificate, filed by Defendant ENDOLOGIX, INC.. (Evered, John) (Entered: 08/10/2012)
2012-08-10
1
AFFIDAVIT in Support of Motion re 242 MOTION in Limine No. 3 to Preclude Cook from Introducing Evidence of Damages for Infringement of the '777 Patent Before the Date of the Reexamination Certificate, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 2 Letter regarding intervening rights, # 2 Exhibit 3 Letter regarding intervening rights, # 3 Exhibit 4 excerpt of Reexamination File History, # 4 Exhibit 5 excerpt of the reexamination file history, # 5 Exhibit 6 excerpt of the reexamination file history, # 6 Exhibit 7 excerpt of the reexamination file history, # 7 Exhibit 8 excerpt of the reexamination file history, # 8 Exhibit 9 excerpt of the reexamination file history, # 9 Exhibit 10 excerpt of the reexamination file history)(Evered, John) (Entered: 08/10/2012)
2012-08-10
1
SEALED Exhibit 1 in Support of Motion in Limine No. 3, re 244 Affidavit in Support, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 1 Expert Report of Julie Davis)(Evered, John) (Entered: 08/10/2012)
2012-08-10
1
MOTION to Seal Document 245 SEALED Document Exhibit 1 in Support of Motion in Limine No. 3, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Evered, John) (Entered: 08/10/2012)
2012-08-10
1
***PLEASE DISREGARD - INCORRECT FILING*** MOTION for Summary Judgment of No Contractual Estoppel and No Willful Infringement, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Sganga, John) Modified on 8/13/2012 (TRG). (Entered: 08/10/2012)
2012-08-10
1
***PLEASE DISREGARD - INCORRECT FILING*** BRIEF/MEMORANDUM in Support re 247 MOTION for Summary Judgment of No Contractual Estoppel and No Willful Infringement, filed by Defendant ENDOLOGIX, INC.. (Sganga, John) Modified on 8/13/2012 (TRG). (Entered: 08/10/2012)
2012-08-10
1
***PLEASE DISREGARD - INCORRECT FILING*** AFFIDAVIT in Support of Motion re 247 MOTION for Summary Judgment of No Contractual Estoppel and No Willful Infringement, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 1 Letter re Settlement agreement & Willfulness issues, # 2 Exhibit 2 First Office Action, # 3 Exhibit 3 Cook Response to First Office Action, # 4 Exhibit 4 Deposition of Gilberto Garza)(Sganga, John) Modified on 8/13/2012 (TRG). (Entered: 08/10/2012)
2012-08-10
1
***PLEASE DISREGARD - INCORRECT FILING*** MOTION for Leave to File Motion for Summary Judgment of No Contractual Estoppel and No Willful Infringement, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Motion for Summary Judgment, # 3 Memorandum in Support of Motion Summary Judgment, # 4 Declaration in Support of Motion Summary Judgment, # 5 Exhibit 1 Letter re Settlement Agreement and Willfulness Issues, # 6 Exhibit 2 First Office Action, # 7 Exhibit 3 Cook Response to First Office Action, # 8 Exhibit 4 Deposition Gilberto Garza, # 9 Text of Proposed Order)(Sganga, John) Modified on 8/13/2012 (TRG). (Entered: 08/10/2012)
2012-08-10
1
***PLEASE DISREGARD - DOCKETED IN ERROR***Proposed Voir Dire by All Parties. (Leitenberger, Bryan) Modified on 8/13/2012 (TRG). (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 1: To Preclude Endologix From Treating The Non-essential, Preamble Term, "Body Passageway," As A Limitation Of Claim 6 Of The '706 Patent, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 3: To Preclude Gilberto Garza And Marek Kacki From Testifying About The Scope And Content Of Their Patent And The Prior Art, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 4: To Preclude Endologix From Mentioning Its Patents To The Jury And From Arguing Or Offerning Evidence That It Was Practicing Those Patents, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 5: To Preclude Endologix From Offering Argument Or Evidence About The Competence Of The Examination Process In The U.S. Patent And Trademark Office, Or From Otherwise Denigrating The Office, Its Examiners, Or The Examination Process, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 08/10/2012)
2012-08-10
1
*** UNSEALED PER ENTRY OF 9/27/12 *** MOTION In Limine No. 6: To Preclude Endologix From Offering New Expert Testimony From Daniel McGavock On Any Lost Profits Analysis Or Calculation Not Already Disclosed In His Damages Report, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Exhibit F - Excerpts of the transcript of the deposition of Daniel M. McGavock)(Gabric, Ralph) Modified on 9/28/2012 (TMA). (Entered: 08/10/2012)
2012-08-10
1
*** UNSEALED PER ENTRY OF 9/27/12 *** MOTION In Limine No. 7: To Preclude Endologix From Providing Expert Testimony Concerning Opinions Not Disclosed In Its Expert Reports, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Exhibit I - Excerpts of the transcript of the deposition of Jeffrey P. Carpenter, # (2) Exhibit J - Excerpt of the Rebuttal Expert Report of Charles A. Taylor, # (3) Exhibit K - Excerpt of the Rebuttal Expert Report of Kim J. Hodgson, # (4) Exhibit L - Excerpt of Endologix's Interrogatory Response)(Gabric, Ralph) Modified on 9/28/2012 (TMA). (Entered: 08/10/2012)
2012-08-10
1
*** UNSEALED PER ENTRY OF 9/27/12 *** MOTION In Limine No. 8: To Preclude Endologix From Arguing That Cook's Infringement Claims Are Barred By Estoppel, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Exhibit C - Excerpts of Endologix's Interrogatory Responses)(Gabric, Ralph) Modified on 9/28/2012 (TMA). (Entered: 08/10/2012)
2012-08-10
1
MOTION in Limine No. 2: To Preclude Endologix From Arguing That It Has Intervening Rights With Respect To Claim 23 Of The '777 Patent, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 08/10/2012)
2012-08-10
1
*** UNSEALED PER ENTRY OF 9/27/12 *** TRIAL BRIEF by COOK INCORPORATED. (Gabric, Ralph) Modified security description to sealed on 8/13/2012 (TRG). Modified on 9/28/2012 (TMA). (Entered: 08/10/2012)
2012-08-10
1
MOTION to Seal Document 260 Trial Brief, 256 SEALED MOTION In Limine No. 6: To Preclude Endologix From Offering New Expert Testimony From Daniel McGavock On Any Lost Profits Analysis Or Calculation Not Already Disclosed In His Damages Report, 258 SEALED MOTION In Limine No. 8: To Preclude Endologix From Arguing That Cook's Infringement Claims Are Barred By Estoppel, 257 SEALED MOTION In Limine No. 7: To Preclude Endologix From Providing Expert Testimony Concerning Opinions Not Disclosed In Its Expert Reports, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Gabric, Ralph) (Entered: 08/10/2012)
2012-08-10
1
DECLARATION of Bryan J. Leitenberger in Support of the Pre-Trial Brief of Cook Incorporated and Cook's Motions in Limine Nos. 1-8 re 260 Trial Brief, 253 Motion in Limine, 256 SEALED Motion, 258 SEALED Motion, 257 SEALED Motion, 252 Motion in Limine, 254 Motion in Limine, 259 Motion in Limine, 255 Motion in Limine by COOK INCORPORATED. (Attachments: # 1 Exhibit A - U.S. Patent No 5,035,706, # 2 Exhibit B - Excerpts of Reply Expert Report of McLean, # 3 Exhibit D - Excerpts of the deposition transcript of Gilberto Garza, # 4 Exhibit E - Excerpts of the deposition transcript of Marek Kacki, # 5 Exhibit G - Excerpts of Taylor Report, # 6 Exhibit H - Excerpts of Hodgson Report, # 7 Exhibit M - Request for Ex Parte Reexamination, # 8 Exhibit N - Office Action for Reexamination Application, # 9 Exhibit O - Preliminary Invalidity Contentions, # 10 Exhibit P - Excerpt of Carpenter Report, # 11 Exhibit Q - U.S. Patent No. 5,755,777)(Leitenberger, Bryan) (Entered: 08/10/2012)
2012-08-10
1
Proposed Jury Instructions, filed by All Parties. (Leitenberger, Bryan) (Entered: 08/10/2012)
2012-08-10
1
MOTION for Leave to File Motion for Summary Judgment of No Contractual Estoppel and No Willful Infringement, filed by Defendant ENDOLOGIX, INC.. (Attachments: # (1) Text of Proposed Order, # (2) Motion for Summary Judgment, # (3) Memorandum of Points and Authorities, # (4) Affidavit, # (5) Exhibit 1 Letter re Settlement Agreement and Willfulness Issues, # (6) Exhibit 2 First Office Action, # (7) Exhibit 3 Cook Response to First Office Action, # (8) Exhibit 4 Deposition Gilberto Garza, # (9) Text of Proposed Order)(Sganga, John) Modified on 8/14/2012 (TRG). (Entered: 08/13/2012)
2012-08-13
1
ORDER re 123 Order on Sealed Motion- Consistent with 7th Circuit rulings, the Court intends to lift the seal. Parties shall notify the Court no later than 8/20/2012 with regard to their position. Signed by Judge Tanya Walton Pratt on 8/13/2012.(CBU) (Entered: 08/13/2012)
2012-08-13
1
Submission of Signature Requirement re 230 Stipulation by All Parties. (Gabric, Ralph) (Entered: 08/13/2012)
2012-08-13
1
Submission of Signature Requirement re 263 Proposed Jury Instructions by All Parties. (Gabric, Ralph) (Entered: 08/13/2012)
2012-08-13
1
Joint MOTION To Submit Jury Questionnaire, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit Proposed Jury Questionnaire, # 2 Text of Proposed Order)(Gabric, Ralph) (Entered: 08/13/2012)
2012-08-13
1
ORDER on Expedited Briefing - Due to the upcoming trial date, the Court orders expedited briefing on Defendant's Motion for Leave to File Motion for Summary Judgment of No Contractual Estoppel and No Willful Infringement (Dkt. 264 ). The response in opposition is due Friday, August 17, 2012. The reply in support (if any) is due by noon Monday, August 20, 2012. Signed by Judge Tanya Walton Pratt on 8/14/2012.(TRG) (Entered: 08/14/2012)
2012-08-14
1
MOTION for Attorney(s) Emily K. Sauter to Appear pro hac vice. on behalf of Defendant Endologix, Inc. Filing fee $ 30, receipt number 0756-2405112., filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Sganga, John) (Entered: 08/14/2012)
2012-08-14
1
RESPONSE, re 265 Order, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Lane, Bradley) (Entered: 08/17/2012)
2012-08-17
1
RESPONSE in Opposition re 264 MOTION for Leave to File Motion for Summary Judgment of No Contractual Estoppel and No Willful Infringement, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Phillip, Danielle) (Entered: 08/17/2012)
2012-08-17
1
REPLY in Support of Motion re 264 MOTION for Leave to File Motion for Summary Judgment of No Contractual Estoppel and No Willful Infringement, filed by Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/20/2012)
2012-08-20
1
ENTRY ON MOTIONS TO SEAL - denying 167 Motion to Seal Document ; denying 174 Motion to Seal Document ; denying 178 Motion to Seal Document. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Endologix and Cook shall have seven days from the date of this Entry to make a good faith determination whether any of the documents currently filed under provisional seal are eligible to maintain that seal and, if so, it shall file a supporting brief setting forth the legal and factual basis it contends support sealing each document or notification to the Court that it does not intend to file a motion to maintain the filing of these documents under seal. If Endologix fails to file a motion within seven days, the Clerk is directed to unseal the documents associated with Doc. 166 and Doc. 177. If Cook fails to file a motion within seven days, the Clerk is directed to unseal the documents associated with Doc. 173. (See Order). Signed by Magistrate Judge Denise K. LaRue on 8/20/2012. (MAC) (Entered: 08/20/2012)
2012-08-20
1
ENTRY ON MOTIONS TO SEAL. ORDER denying Cook's 222 Motion to Seal Document. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Cook or Endologix, as the party responsible for designating the documents within exhibit A (or exhibit A itself) as "confidential" during discovery, shall have seven days from the date of this Entry to make a good faith determination whether the document currently filed under provisional seal is eligible to maintain that seal and, if so, it shall file a supporting brief setting forth the legal and factual basis it contends support sealing each document or notification to the Court that it does not intend to file a motion to maintain the filing of these documents under seal. If no motion is filed within seven days, the Clerk is directed to unseal exhibit A. [Doc. 221.] (See Order). Signed by Magistrate Judge Denise K. LaRue on 8/20/2012. (MAC) (Entered: 08/20/2012)
2012-08-20
1
ORDER - On December 22, 2010, this Court entered its Entry on Motion to Dismiss (Dkt. 123 ) under seal. Consistent with 7th Circuit rulings and neither side having an objection, the Court directs the Clerk to unseal the Court's Entry on Motion to Dismiss (Dkt. 123 ). Signed by Judge Tanya Walton Pratt on 8/20/2012.(JD) (Entered: 08/20/2012)
2012-08-20
1
ORDER re 268 Joint Motion to Submit Jury Questionnaire - The court will allow a shortened supplemental questionnaire, as attached, regarding familiarity with the list of companies or organizations that are affiliated entities, familiarity with this case, and experience and/or bias against patents. Signed by Judge Tanya Walton Pratt on 8/23/2012. (Attachments: # 1 Exhibit 1 - Supplemental Juror Questionnaire) (JD) (Entered: 08/23/2012)
2012-08-23
1
RESPONSE in Opposition re 252 MOTION in Limine No. 1: To Preclude Endologix From Treating The Non-essential, Preamble Term, "Body Passageway," As A Limitation Of Claim 6 Of The '706 Patent, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 259 MOTION in Limine No. 2: To Preclude Endologix From Arguing That It Has Intervening Rights With Respect To Claim 23 Of The '777 Patent, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 253 MOTION in Limine No. 3: To Preclude Gilberto Garza And Marek Kacki From Testifying About The Scope And Content Of Their Patent And The Prior Art, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 254 MOTION in Limine No. 4: To Preclude Endologix From Mentioning Its Patents To The Jury And From Arguing Or Offerning Evidence That It Was Practicing Those Patents, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 255 MOTION in Limine No. 5: To Preclude Endologix From Offering Argument Or Evidence About The Competence Of The Examination Process In The U.S. Patent And Trademark Office, Or From Otherwise Denigrating The Office, Its Examiners, Or The Examination Pr, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 256 SEALED MOTION In Limine No. 6: To Preclude Endologix From Offering New Expert Testimony From Daniel McGavock On Any Lost Profits Analysis Or Calculation Not Already Disclosed In His Damages Report, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 257 SEALED MOTION In Limine No. 7: To Preclude Endologix From Providing Expert Testimony Concerning Opinions Not Disclosed In Its Expert Reports, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 258 SEALED MOTION In Limine No. 8: To Preclude Endologix From Arguing That Cook's Infringement Claims Are Barred By Estoppel, filed by Defendant ENDOLOGIX, INC.. (Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
AFFIDAVIT in Support of Response in Opposition to Motion re 253 MOTION in Limine No. 3: To Preclude Gilberto Garza And Marek Kacki From Testifying About The Scope And Content Of Their Patent And The Prior Art, 256 SEALED MOTION In Limine No. 6: To Preclude Endologix From Offering New Expert Testimony From Daniel McGavock On Any Lost Profits Analysis Or Calculation Not Already Disclosed In His Damages Report, 258 SEALED MOTION In Limine No. 8: To Preclude Endologix From Arguing That Cook's Infringement Claims Are Barred By Estoppel, 257 SEALED MOTION In Limine No. 7: To Preclude Endologix From Providing Expert Testimony Concerning Opinions Not Disclosed In Its Expert Reports, 252 MOTION in Limine No. 1: To Preclude Endologix From Treating The Non-essential, Preamble Term, "Body Passageway," As A Limitation Of Claim 6 Of The '706 Patent, 254 MOTION in Limine No. 4: To Preclude Endologix From Mentioning Its Patents To The Jury And From Arguing Or Offerning Evidence That It Was Practicing Those Patents, 259 MOTION in Limine No. 2: To Preclude Endologix From Arguing That It Has Intervening Rights With Respect To Claim 23 Of The '777 Patent, 255 MOTION in Limine No. 5: To Preclude Endologix From Offering Argument Or Evidence About The Competence Of The Examination Process In The U.S. Patent And Trademark Office, Or From Otherwise Denigrating The Office, Its Examiners, Or The Examination Pr, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 3 Declaration of Mark A. Farber, MD Under 37 C.F.R. § 1.132, # 2 Exhibit 4 Excerpts from the deposition of Dr. Mark A. Farber on November 14, 2011, # 3 Exhibit 9 Excerpts from the Rebuttal Expert Report of Charles A. Taylor, Ph.D dated February 10, 2012, # 4 Exhibit 10 Excerpts from the deposition of Dr. Charles Taylor on March 23, 2012)(Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
SEALED Notice of Filing Certain Exhibits in Support of Endologix's Opposition to Cook's Motions in Limine Nos. 1-8 Under Seal, re 286 Affidavit in Support, filed by Defendant ENDOLOGIX, INC.. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit 1 Excerpts from the Expert Report of Dr. Gordon K. McLean Pursuant to Federal Rule of Civil Procedure 26(a)(2)(B) dated December 16, 2011, # (3) Exhibit 2 Excerpts from the deposition of Dr. Gordon K. McLean on March 17, 2012, # (4) Exhibit 5 Excerpts from the deposition of Dr. Stefan Schreck on October 12, 2011, # (5) Exhibit 6 Cooks Response to Endologixs Interrogatory No. 20 dated November 29, 2011, # (6) Exhibit 7 Excerpts from the Expert Report of Daniel M. McGavock dated February 10, 2012, # (7) Exhibit 8 Excerpts from the deposition of Mr. Daniel McGavock on March 13, 2012)(Stowell, Joshua) Linked to Motions in Limine on 8/28/2012 (JD). Modified on 10/1/2012 (TMA). *** THE FOLLOWING ARE UNSEALED PER ORDER OF 10/1/12: 287-2 THRU 5 *** (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 238 MOTION in Limine No. 1 to Preclude Shawn Lawson and Michael Terrell from Testifying at Trial, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 08/27/2012)
2012-08-27
1
*** UNSEALED PER ENTRY OF 9/27/12 *** Exhibit R in support of 288 Response in Opposition to 238 MOTION in Limine No. 1, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) Added document link on 8/28/2012 (JD). Modified on 9/28/2012 (TMA). (Entered: 08/27/2012)
2012-08-27
1
MOTION to Seal Document 287 SEALED Document regarding Filing Under Seal Exhibits in Support of the Declaration of Joshua J. Stowell in Support of Opposition to Cook's Motions in Limine Nos. 1-8, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Stowell, Joshua) (Entered: 08/27/2012)
2012-08-27
1
*** UNSEALED PER ENTRY OF 9/27/12 *** RESPONSE re 240 MOTION in Limine No. 2 to Exclude Reference at Trial to the 2008 Lawsuit Between the Parties, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # (1) Exhibit X - Excerpts of Endologix's Supplemental Response to Cook's Interrogatories Nos. 1(a), 1(b), 3, and 4, # (2) Exhibit Y - Excerpts of the transcript of the deposition of Stefan Schreck, # (3) Exhibit Z - Excerpt of the expert report of Daniel M. McGavock)(Gabric, Ralph) Modified on 9/28/2012 (TMA). (Entered: 08/27/2012)
2012-08-27
1
RESPONSE in Opposition re 242 MOTION in Limine No. 3 to Preclude Cook from Introducing Evidence of Damages for Infringement of the '777 Patent Before the Date of the Reexamination Certificate, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 08/27/2012)
2012-08-27
1
*** UNSEALED PER ENTRY OF 9/27/12 *** Exhibit AC in support of 292 RESPONSE in Opposition re 242 MOTION in Limine No. 3, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) Added document link on 8/28/2012 (JD). Modified on 9/28/2012 (TMA). (Entered: 08/27/2012)
2012-08-27
1
*** UNSEALED PER ENTRY OF 9/27/12 *** Exhibit AE in support of 292 RESPONSE in Opposition re 242 MOTION in Limine No. 3, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) Added document link on 8/28/2012 (JD). Modified on 9/28/2012 (TMA). (Entered: 08/27/2012)
2012-08-27
1
MOTION to Seal Document 293 SEALED Document, 289 SEALED Document, 291 SEALED Response to Motion, 294 SEALED Document regarding Filing Under Seal Cook's Opposition to Endologix's Motion In Limine No. 2, and Exhibits R, X, Y, Z, AC, and AE in Support of Opposition to Endologix's Motions in Limine Nos. 1-3, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Leitenberger, Bryan) (Entered: 08/27/2012)
2012-08-27
1
DECLARATION of Bryan J. Leitenberger in support of Cook's Oppositions to Endologix's Motions in Limine Nos. 1-3 re 293 SEALED Document, 289 SEALED Document, 291 SEALED Response to Motion, 288 Response in Opposition to Motion, 292 Response in Opposition to Motion, 294 SEALED Document by COOK INCORPORATED. (Attachments: # 1 Exhibit S - Excerpts of the Expert Report of Julie Davis, # 2 Exhibit T - Excerpts of the transcript of the deposition of Julie Davis, # 3 Exhibit U - Excerpts of the transcript of the deposition of Cynthia Kretz, # 4 Exhibit V - Excerpts of the transcript of the preliminary injunction hearing in Cook v. Griffin, et al., # 5 Exhibit W - Permanent Injunction and Final Judgment Order in Cook v. Griffin, et al., # 6 Exhibit AA - Excerpt of the Reply Expert Report of Gordon McLean to the Opening Expert Report of Kim Hodgson, # 7 Exhibit AB - U.S. Patent No. 4,665,918, # 8 Exhibit AD - Excerpts of the transcript of the deposition of Gordon McLean, # 9 Exhibit AF - Excerpts of the transcript of the deposition of Marek Kacki)(Leitenberger, Bryan) Added document links to Motions in Limine on 8/28/2012 (JD). (Entered: 08/27/2012)
2012-08-27
1
RESPONSE of Cook Incorporated to August 20, 2012 Order, re 275 Order on Motion to Seal Document, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) (Entered: 08/27/2012)
2012-08-27
1
RESPONSE Joint Brief in Response to August 20, 2012 Order, re 274 Order on Motion to Seal Document, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit Redacted Memorandum of Points and Authorities in Support Of Endologix's Motion for Summary Judgment that Cook's Patent Infringement Claims are Barred by Contractual Estoppel (Dkt No 166), # 2 Exhibit Redacted Memorandum in Opposition to Endologix's Motion for Summary Judgment that Cook's Patent Infringement Claims are Barred by Contractual Estoppel (Dkt No 173), # 3 Exhibit Redacted Exhibit 11 - Settlement and Release Agreement (Dkt No 166-3), # 4 Exhibit Redacted Exhibit 14 - Expert Report of Julie Davis (Dkt No 166-4), # 5 Exhibit Redacted Exhibit 15 - Cook's Response to Endologix's Interrogatory No. 19 (Dkt No 166-5), # 6 Exhibit Redacted Exhibit 16 - Excerpts of deposition transcript of David Biggs (Dkt No 166-6), # 7 Exhibit Redacted Exhibit 17 - Excerpts of deposition transcript of Cynthia Kretz (Dkt No 166-7), # 8 Exhibit Redacted Exhibit 18 - Excerpts of deposition transcript of Melvin Hawkins (Dkt No 166-8), # 9 Exhibit Redacted Exhibit K - Settlement and Release Agreement (Dkt No 173-3), # 10 Exhibit Redacted Exhibit L - Excerpts of McDermott transcript (Dkt No 173-4), # 11 Exhibit Redacted Exhibit M - Excerpts of Hawkins transcript (Dkt No 173-5), # 12 Exhibit Redacted Exhibit N - Letter from Burgan to Hull (Dkt No 173-6), # 13 Exhibit Redacted Exhibit P - Excerpts of Kretz transcript (Dkt No. 173-8))(Leitenberger, Bryan) (Entered: 08/27/2012)
2012-08-27
1
ENTRY - Endologix's Motion for Leave to File Motion For Summary Judgment of No Contractual Estoppel and No Willful Infringement (Dkt. 264 ) is DENIED. Signed by Judge Tanya Walton Pratt on 8/30/2012. (JD)
2012-08-30
1
ENTRY - The Court GRANTS in part and DENIES in part Endologix's motion for summary judgment of noninfringement (Dkt. 179 ). Specifically, the Court grants Endologix's motion with respect to noninfringement of the '706 patent by literal infringement, but denies Endologix's motion with respect to noninfringement of the '706 patent under the doctrine of equivalents and the '777 patent by literal infringement. Signed by Judge Tanya Walton Pratt on 8/31/2012. (JD)
2012-08-31
1
NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF ENDOLOGIX'S MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT, filed by Defendant ENDOLOGIX, INC., re 194 SEALED Document, 193 MOTION TO EXCLUDE OPINION TESTIMONY OF COOK'S DAMAGES EXPERT JULIE DAVIS. (Attachments: # 1 Supplement Laserdynamics, Inc. v. Quanta Computer, Inc., No. 06-CV-0348, 2012 WL 3758093 (Fed. Cir. Aug. 30, 2012), # 2 Supplement Federal Circuit Decision - LaserDynamics, Inc. v. Quanta Computer, Inc.. 2011-1440, -1470 (Fed. Cir. August 30, 2012)) (Sganga, John) (Entered: 09/05/2012)
2012-09-05
1
ENTRY - Endologix's motion (Dkt. 188 ) is DENIED in part and GRANTED in part. Specifically, the Court will exclude the portions of Dr. McLean's testimony regarding literal infringement of the '706 patent and construction of the term s "substantially constant" / "uniform," "introducer sheath," and "having a fixed shape." The Court will allow Dr. McLean's testimony regarding doctrine of equivalents infringement of the '706 patent, literal infringement of the '777 patent, and the mechanical properties of the stent assemblies. *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 9/6/2012. (JD)
2012-09-06
1
REPLY in Support of Motion re 252 MOTION in Limine No. 1: To Preclude Endologix From Treating The Non-essential, Preamble Term, "Body Passageway," As A Limitation Of Claim 6 Of The '706 Patent, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
REPLY in Support of Motion re 259 MOTION in Limine No. 2: To Preclude Endologix From Arguing That It Has Intervening Rights With Respect To Claim 23 Of The '777 Patent, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
REPLY in Support of Motion re 253 MOTION in Limine No. 3: To Preclude Gilberto Garza And Marek Kacki From Testifying About The Scope And Content Of Their Patent And The Prior Art, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
REPLY in Support of Motion re 254 MOTION in Limine No. 4: To Preclude Endologix From Mentioning Its Patents To The Jury And From Arguing Or Offerning Evidence That It Was Practicing Those Patents, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
REPLY in Support of Motion re 255 MOTION in Limine No. 5: To Preclude Endologix From Offering Argument Or Evidence About The Competence Of The Examination Process In The U.S. Patent And Trademark Office, Or From Otherwise Denigrating The Office, Its Examiners, Or The Examination Pr ocess, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
REPLY in Support of Motion re 256 SEALED MOTION In Limine No. 6: To Preclude Endologix From Offering New Expert Testimony From Daniel McGavock On Any Lost Profits Analysis Or Calculation Not Already Disclosed In His Damages Report, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
REPLY in Support of Motion re 257 SEALED MOTION In Limine No. 7: To Preclude Endologix From Providing Expert Testimony Concerning Opinions Not Disclosed In Its Expert Reports, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
REPLY in Support of Motion re 258 SEALED MOTION In Limine No. 8: To Preclude Endologix From Arguing That Cook's Infringement Claims Are Barred By Estoppel, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/06/2012)
2012-09-06
1
DECLARATION of Bryan J. Leitenberger in support of Cook's Replies in support of Its Motions in Limine Nos. 1-8 re 304 Reply in Support of Motion, 307 Reply in Support of Motion, 303 Reply in Support of Motion, 305 Reply in Support of Motion, 306 Reply in Support of Motion, 309 Reply in Support of Motion, 310 Reply in Support of Motion, 308 Reply in Support of Motion by COOK INCORPORATED. (Attachments: # 1 Exhibit AG - Excerpts of Reply Expert Report of McLean to the Opening Report of Hodgson, # 2 Exhibit AH - Excerpts of the transcript of the deposition of Gilberto Garza, # 3 Exhibit AI - Excerpts of Endologix Patents, # 4 Exhibit AJ - U.S. Patent No. 6,624,420)(Leitenberger, Bryan) (Entered: 09/06/2012)
2012-09-06
1
*** UNSEALED PER ENTRY OF 9/27/12 *** Exhibit AK In Support Of Cook's Reply In Support of Its Motion In Limine No. 7: To Preclude Endologix From Providing Expert Testimony Concerning Opinions Not Disclosed In Its Expert Report, re 309 Reply in Support of Motion, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) Modified on 9/28/2012 (TMA). (Entered: 09/06/2012)
2012-09-06
1
*** UNSEALED PER ENTRY OF 9/27/12 *** Exhibit AL In Support Of Cook's Reply In Support of Its Motion In Limine No. 7: To Preclude Endologix From Providing Expert Testimony Concerning Opinions Not Disclosed In Its Expert Report, re 309 Reply in Support of Motion, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) Modified on 9/28/2012 (TMA). (Entered: 09/06/2012)
2012-09-06
1
MOTION to Seal Document 313 SEALED Document, 312 SEALED Document to the Declaration of Bryan J. Leitenberger In Support of Cook's Replies In Support Of Cook's Motions In Limine Nos. 1-8, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Leitenberger, Bryan) (Entered: 09/06/2012)
2012-09-06
1
RESPONSE To Endologix's Notice Of Supplemental Authority In Support Of Endologix's Motion To Exclude Opinion Testimony Of Cook's Damages Expert, re 301 Notice (Other), filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/07/2012)
2012-09-07
1
REPLY in Support of Motion re 238 MOTION in Limine No. 1 to Preclude Shawn Lawson and Michael Terrell from Testifying at Trial, filed by Defendant ENDOLOGIX, INC.. (Cianfrani, Joseph) (Entered: 09/07/2012)
2012-09-07
1
REPLY in Support of Motion re 240 MOTION in Limine No. 2 to Exclude Reference at Trial to the 2008 Lawsuit Between the Parties, filed by Defendant ENDOLOGIX, INC.. (Cianfrani, Joseph) (Entered: 09/07/2012)
2012-09-07
1
AFFIDAVIT in Support of Reply in Support of Motion re 240 MOTION in Limine No. 2 to Exclude Reference at Trial to the 2008 Lawsuit Between the Parties, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit 1 - Excerpt from Cook, Inc.'s Response to Endologix, Inc.'s Interrogatory No. 20)(Evered, John) (Entered: 09/07/2012)
2012-09-07
1
REPLY in Support of Motion re 242 MOTION in Limine No. 3 to Preclude Cook from Introducing Evidence of Damages for Infringement of the '777 Patent Before the Date of the Reexamination Certificate, filed by Defendant ENDOLOGIX, INC.. (Cianfrani, Joseph) (Entered: 09/07/2012)
2012-09-07
1
ENTRY - Endologix's Motion to Exclude Opinion Testimony of Cook's Damages Expert Julie Davis, (Dkt. 193 ), regarding both lost profits and reasonable royalties is DENIED. Signed by Judge Tanya Walton Pratt on 9/10/2012. (JD)
2012-09-10
1
Exhibit List of Cook Incorporated, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Exhibit A - Plaintiff's Trial Exhibit List)(Leitenberger, Bryan) (Entered: 09/10/2012)
2012-09-10
1
OBJECTION to Endologix's Trial Exhibit List by COOK INCORPORATED. Related document: 234 Exhibit List filed by ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A - Cook's Objections to Endologix's Trial Exhibit List)(Leitenberger, Bryan) (Entered: 09/10/2012)
2012-09-10
1
OBJECTION and Counter-Designations to Endologix's Deposition Designations by COOK INCORPORATED. Related document: 235 Notice (Other) filed by ENDOLOGIX, INC..(Leitenberger, Bryan) (Entered: 09/10/2012)
2012-09-10
1
NOTICE of Request for Separation of Fact Witnesses at Trial, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED (Leitenberger, Bryan) (Entered: 09/10/2012)
2012-09-10
1
OBJECTION TO COOK'S TRIAL EXHIBIT LIST by ENDOLOGIX, INC.. Related document: 322 Objection filed by COOK INCORPORATED, 228 Exhibit List filed by COOK INCORPORATED.(Sganga, John) (Entered: 09/10/2012)
2012-09-10
1
OBJECTION TO COOK'S INITIAL DEPOSITION DESIGNATIONS by ENDOLOGIX, INC.. Related document: 232 Notice (Other) filed by COOK INCORPORATED.(Sganga, John) (Entered: 09/10/2012)
2012-09-10
1
NOTICE OF SUBMISSION REGARDING SEPARATION OF WITNESSES AT TRIAL PURSUANT TO RULE 615, filed by Defendant ENDOLOGIX, INC. (Sganga, John) (Entered: 09/10/2012)
2012-09-10
1
Proposed JURY INSTRUCTIONS AND OBJECTIONS AND SUBMISSIONS ON DISPUTED INSTRUCTIONS Jury Instructions, filed by ENDOLOGIX, INC.. (Evered, John) (Entered: 09/10/2012)
2012-09-10
1
OBJECTION and Submission on Disputed Instructions, Submission of Revised Proposed Jury Instructions by COOK INCORPORATED. Related document: 263 Proposed Jury Instructions filed by ENDOLOGIX, INC., COOK INCORPORATED.(Gabric, Ralph) (Entered: 09/10/2012)
2012-09-10
1
ENTRY denying 197 Motion to Seal Document ; denying 209 Motion to Seal Document ; denying 218 Motion to Seal Document. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY denying 184 Motion to Seal Document ; denying 203 Motion to Seal Document ; denying 206 Motion to Seal Document ; denying 214 Motion to Seal Document. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY denying 192 Motion to Seal Memorandum of Points and Authorities in Support of Endologix's Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean and Certain Exhibits Thereto; denying 212 Plaintiff Cook Incorporated's Motion to File Under Seal; and denying 216 Motion to Seal Reply Memorandum of Points and Authorities in Support of Endologix's Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY denying 246 Motion for Defendant Endologix, Inc. to File Under Seal Exhibit 1 to Declaration of John David Evered in Support of Endologix's Motion in Limine No. 3 to Preclude Cook from Introducing Evidence of Damages for Infringement of the '777 Patent Before the Date of the Reexamination Certificate. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY granting 261 Cook's Motion to Seal Document. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY denying 290 Motion to Seal Exhibits in Support of the Declaration of Joshua J. Stowell in Support of Endologix's Opposition to Plaintiff Cook Incorporated's Motions In Limine Nos. 1-8. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY granting in part and denying in part 295 Cook's Motion to file under Seal. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY granting 314 Cook's Motion to Seal. (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
ENTRY ORDERS the Clerk to lift the seal on Exhibit A of 221 . (See Entry for details.) Signed by Magistrate Judge Denise K. LaRue on 9/10/2012. (TMA) (Entered: 09/11/2012)
2012-09-10
1
AFFIDAVIT in Support of Motion re 270 MOTION for Attorney(s) Emily K. Sauter to Appear pro hac vice. on behalf of Defendant Endologix, Inc. Filing fee $ 30, receipt number 0756-2405112., filed by Defendant ENDOLOGIX, INC.. (Sganga, John) (Entered: 09/12/2012)
2012-09-12
1
ENTRY regarding sealed documents re 298 Joint Brief in Response to 8/20/12 Order. (See Entry.) Signed by Magistrate Judge Denise K. LaRue on 9/12/2012. (TMA) Modified on 9/26/2012 (REO). (Entered: 09/12/2012)
2012-09-12
1
MOTION for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 of U.S. Patent 5,035,706, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Affidavit Declaration of Bryan Leitenberger in support of Cook's Motion for Clarification, # 2 Exhibit A - U.S. Patent No. 5,035,706, # 3 Exhibit B - Excerpt of Faber on Mechanics of Patent Claim Drafting)(Gabric, Ralph) (Entered: 09/13/2012)
2012-09-13
1
MOTION for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 of U.S. Patent 5,035,706, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Affidavit Declaration of Bryan Leitenberger in support of Cook's Motion for Clarification, # 2 Exhibit A - U.S. Patent No. 5,035,706, # 3 Exhibit B - Excerpt of Faber on Mechanics of Patent Claim Drafting)(Gabric, Ralph) (Entered: 09/13/2012)
2012-09-13
2
MOTION for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 of U.S. Patent 5,035,706, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Affidavit Declaration of Bryan Leitenberger in support of Cook's Motion for Clarification, # 2 Exhibit A - U.S. Patent No. 5,035,706, # 3 Exhibit B - Excerpt of Faber on Mechanics of Patent Claim Drafting)(Gabric, Ralph) (Entered: 09/13/2012)
2012-09-13
2
MOTION for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 of U.S. Patent 5,035,706, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Affidavit Declaration of Bryan Leitenberger in support of Cook's Motion for Clarification, # 2 Exhibit A - U.S. Patent No. 5,035,706, # 3 Exhibit B - Excerpt of Faber on Mechanics of Patent Claim Drafting)(Gabric, Ralph) (Entered: 09/13/2012)
2012-09-13
2
ORDER granting 270 Motion to Appear pro hac vice. Attorney Emily K. Sauter for ENDOLOGIX, INC. added. Signed by Magistrate Judge Denise K. LaRue on 9/14/2012. c/m (TMA) (Entered: 09/14/2012)
2012-09-14
1
MOTION for Reconsideration re 302 Order on Motion for Partial Reconsideration of the Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Affidavit Declaration of Bryan Leitenberger in support of Cook's Motion for Partial Reconsideration)(Lane, Bradley) (Entered: 09/14/2012)
2012-09-14
1
SEALED Exhibit A In Support Of Cook's Motion for Partial Reconsideration of the Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean, re 343 Motion for Reconsideration, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Leitenberger, Bryan) (Entered: 09/14/2012)
2012-09-14
1
MOTION to Seal Document 344 SEALED Document Exhibit A In Support Of Cook's Motion for Partial Reconsideration of the Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Cover Sheet for Sealed Document, # 2 Text of Proposed Order)(Leitenberger, Bryan) (Entered: 09/14/2012)
2012-09-14
1
ORDER - Due to the upcoming trial date, the Court sets an expedited briefing schedule regarding the Motion for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 (Dkt. 341 ) and the Motion for Reconsideration (Dkt. 343 ). Responses to both motions are due no later than September 20, 2012. Replies (if any) are due by September 24, 2012. Signed by Judge Tanya Walton Pratt on 9/17/2012.(JD) (Entered: 09/17/2012)
2012-09-17
1
RESPONSE to September 10, 2012 Orders, re 330 Order on Motion to Seal Document, 333 Order on Motion to Seal Document, 331 Order on Motion to Seal Document, 332 Order on Motion to Seal Document, 335 Order on Motion to Seal Document, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit Redacted Memorandum of Points of Authority in Support of Endologix's Motion to Exclude Opinion Testimony of Cook's Damages Expert Julie Davis (Dkt. No. 194), # 2 Exhibit Redacted Exhibit 1 - Opening Expert Report of Julie Davis (Dkt. No. 196-1), # 3 Exhibit Redacted Exhibit 2 - Excerpts of Davis Deposition Transcript (Dkt. No. 196-2), # 4 Exhibit Redacted Exhibit 3 - Excerpts of Biggs Deposition Transcript (Dkt. No. 196-3), # 5 Exhibit Redacted Memorandum in Opposition to Endologix's Motion to Exclude Opinion Testimony of Cook's Damages Expert Julie Davis (Dkt. No. 207), # 6 Exhibit Redacted Exhibit B - Excerpts of Deposition Testimony of David Biggs (Dkt. No. 207-2), # 7 Exhibit Redacted Reply Memorandum of Points and Authorities in Support of Endologix's Motion to Exclude Opinion Testimony of Cook's Damages Expert Julie Davis (Dkt. No. 217), # 8 Exhibit Redacted Exhibit 7 - David Biggs Deposition Transcript (Dkt. No. 191-4), # 9 Exhibit Redacted Exhibit 9 - Commercial Success Expert Report and Disclosure (Dkt. No. 191-6), # 10 Exhibit Redacted Exhibit 7 - Excerpts from the Expert Report of Daniel McGavock (Dkt. No. 287-6), # 11 Exhibit Redacted Exhibit 8 - Excerpts from the Deposition of Daniel McGavock (Dkt. No. 287-7))(Leitenberger, Bryan) (Entered: 09/17/2012)
2012-09-17
1
RESPONSE in Opposition re 341 MOTION for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 of U.S. Patent 5,035,706, filed by Defendant ENDOLOGIX, INC.. (Cianfrani, Joseph) (Entered: 09/20/2012)
2012-09-20
1
RESPONSE in Opposition re 343 MOTION for Reconsideration re 302 Order on Motion for Partial Reconsideration of the Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean, filed by Defendant ENDOLOGIX, INC.. (Cianfrani, Joseph) (Entered: 09/20/2012)
2012-09-20
1
AFFIDAVIT in Support of Response in Opposition to Motion re 341 MOTION for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 of U.S. Patent 5,035,706, 343 MOTION for Reconsideration re 302 Order on Motion for Partial Reconsideration of the Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean, filed by Defendant ENDOLOGIX, INC.. (Attachments: # 1 Exhibit A is a true and correct copy of an excerpt from the Expert Report of Dr. Gordon K. McLean signed December 16, 2011., # 2 Exhibit B is a true and correct copy of an excerpt from the Expert Report of Professor Charles A. Taylor signed February 10, 2012., # 3 Exhibit C is a true and correct copy of excerpts from the deposition of Gordon McLean, M.D. conducted on March 17, 2012.)(Evered, John) (Entered: 09/20/2012)
2012-09-20
1
ORDER - The Court hereby Orders the parties to confer and file a joint set of final jury instructions. To the extent that the parties cannot agree on particular instructions, they must nevertheless file a joint set of instructions. The filing must occur no later than Friday, October 5, 2012. *SEE ORDER*. Signed by Judge Tanya Walton Pratt on 9/24/2012. (JD) (Entered: 09/24/2012)
2012-09-24
1
SCHEDULING ORDER - The final pretrial conference currently scheduled for October 10, 2012 is rescheduled to commence at 9:30 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Party representatives may attend the final pretrial conference, but their attendance is not required. Please note the change in time and location. Additionally, the parties are directed to meet with Magistrate Judge LaRue at 1:30 p.m. in Room 255 about possibly resolving this matter. Counsel should ensure that their clients are available in person or by telephone. Signed by Judge Tanya Walton Pratt on 9/24/2012. (JD) (Entered: 09/24/2012)
2012-09-24
1
REPLY in Support of Motion re 341 MOTION for Clarification Regarding the Court's Claim Construction for the "Said Set of Eyes" Limitation in Claim 12 of U.S. Patent 5,035,706, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Gabric, Ralph) (Entered: 09/24/2012)
2012-09-24
1
REPLY in Support of Motion re 343 MOTION for Reconsideration re 302 Order on Motion for Partial Reconsideration of the Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED. (Attachments: # 1 Affidavit Declaration of Bryan J. Leitenberger In Support Of Cook's Reply In Support Of Its Motion For Partial Reconsideration Of The Court's Entry On Motion To Exclude Portions Of The Expert Tesimony Of Dr. Gordon K. McLean, # 2 Exhibit B - Excerpt of Expert Report of Dr. Gordon K. McLean, # 3 Exhibit C - Excerpt of Deposition Transcript of Dr. Gordon K. McLean)(Gabric, Ralph) (Entered: 09/24/2012)
2012-09-24
1
ENTRY ON COOK'S MOTION FOR CLARIFICATION - Cook's motion for clarification (Dkt. 341 ) is GRANTED. The Court adopts the new construction, "every eye of a set of eyes of the second stent encloses a bend at one of the opposite ends of the first stent" for the '706 patent, Claim 12 term "said set of eyes of said second stent are engaged about said first wire at one of said opposite ends." *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 9/27/2012. (JD)
2012-09-27
1
ENTRY ORDERS the Clerk to lift the seal on the following documents: Doc. 256, 256-1, 257, 257-1, 257-2, 257-3, 257-4, 258, 258-1, 260, 289, 291, 291-1, 291-2, 291-3, 293, 294, 312, and 313. Signed by Magistrate Judge Denise K. LaRue on 9/27/2012. (TMA) (Entered: 09/28/2012)
2012-09-27
1
ENTRY REGARDING sealed documents. (See Entry) Signed by Magistrate Judge Denise K. LaRue on 10/1/2012. (TMA) (Entered: 10/01/2012)
2012-10-01
1
ENTRY ON PARTIES' MOTIONS IN LIMINE - The Court GRANTS the following motions: Cook's Motions in Limine Nos. 1, 5, 6, 7, and 8 (Dkts. 252 , 255 , 256 , 257 , 258 ); Endologix's Motions in Limine Nos. 2 and 3 (Dkts. 240 , 242 ). The Court DENIES Cook's Motion in Limine No. 2 (Dkt. 259 ). The Court GRANTS in part and DENIES in part the following motions: Cook's Motion in Limine No. 4 (Dkt. 254 ); Endologix's Motion in Limine No. 1 (Dkt. 238 ). The Court GRANTS in part and reserves ruling in part on Cook's Motion in Limine No. 3 (Dkt. 253 ). If the parties wish to renew any arguments as the trial unfolds, they are free to approach the bench and do so. *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 10/1/2012. (JD)
2012-10-01
1
ORDER - The Court has received and reviewed the Exhibit Lists (Dkts. 234, 321-1) and objections (Dkts. 322-1, 325). The parties have submitted nearly 1500 trial exhibits. By the Court's rough and conservative estimation, there are approximately 1000 objections between both parties. Therefore, the parties are ordered to confer before the final pretrial conference set for October 10, 2012, to determine which objections require the Court's ruling prior to trial. Examples of such objections are those based on hearsay, motions in limine, and expert testimony. The parties are further ordered to attempt resolution of any objections prior to the final pretrial conference and trial, such as objections over authentication and failure to include bates range numbers. Objections based on relevance, however, are best resolved at trial. The parties must jointly file with the Court the list of only those objections that require pretrial rulings by October 9, 2012. Signed by Judge Tanya Walton Pratt on 10/3/2012.(JD) (Entered: 10/03/2012)
2012-10-03
1
ENTRY ON COOK INCORPORATED'S MOTION FOR PARTIAL RECONSIDERATION - For the reasons set forth above, Cook's motion for reconsideration (Dkt. 343 ) is GRANTED. The Court's Entry on Motion to Exclude Portions of the Expert Testimony of Dr. Gordon K. McLean (Dkt. 302 ) is modified as set forth above. The parties are instructed to strictly adhere to the Court's rulings. *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 10/4/2012. (JD)
2012-10-04
1
Proposed Amended Jury Instructions, filed by All Parties. (Gabric, Ralph) (Entered: 10/05/2012)
2012-10-05
1
Submission of Proposed Jury Verdict Forms, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Gabric, Ralph) (Entered: 10/05/2012)
2012-10-05
1
ORDER granting 345 Motion to Seal Document 344 SEALED Exhibit A. If either party wants to maintain the sealing of this exhibit, it shall file a supporting brief setting forth the legal and factual basis it contends support sealing of the document within three days of the date of this Entry. If no motion is filed within three days, the Clerk is directed to unseal the document. Signed by Magistrate Judge Denise K. LaRue on 10/5/2012. (MAC) (Entered: 10/09/2012)
2012-10-05
1
Submission in Response to the Court's October 3, 2012 Order, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Leitenberger, Bryan) (Entered: 10/09/2012)
2012-10-09
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MINUTE ENTRY for Final Pretrial Conference held before Judge Tanya Walton Pratt on 10/10/2012 - Cook Incorporated appeared by counsel, Bradley G. Lane, Danielle Anne Phillip, and Ralph J. Gabric. Endologix, Inc. appeared by counsel Daniel K. Burke, John David Evered, and John B. Sganga, Jr. The trial of this case was discussed and rulings were made and directions given pursuant to Trial Rule 16. **SEE ENTRY** Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.)(JD) (Entered: 10/11/2012)
2012-10-11
1
NOTICE of FILING of OFFICIAL TRANSCRIPT of Final Pretrial Conference held before Judge Tanya Walton Pratt on 10/10/2012 (Moxley, David) (Entered: 10/12/2012)
2012-10-12
1
NOTICE of Intent to Request Redaction of Transcript, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC., re 366 Notice of Filing of Official Transcript. (Leitenberger, Bryan) (Entered: 10/17/2012)
2012-10-17
1
Joint MOTION to Redact 367 Transcript, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Leitenberger, Bryan) (Entered: 10/17/2012)
2012-10-17
1
ENTRY - The Court has been advised by parties that this matter has been resolved. It is therefore ordered that all dates and deadlines previously established are vacated. Any pending motion is denied as moot. Counsel are directed to proceed to finalize the agreement to resolve these claims, and to file the appropriate dismissal papers with the Clerk of Court on or before November 17, 2012. Signed by Judge Tanya Walton Pratt on 10/17/2012.(JD) (Entered: 10/17/2012)
2012-10-17
1
Submission of Proposed Order to Redact Transcript, re 369 Joint MOTION to Redact 367 Transcript, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Leitenberger, Bryan) (Entered: 10/18/2012)
2012-10-18
1
Order to Redact 367 Transcript. Signed by Judge Tanya Walton Pratt on 10/26/2012.(JD) (Entered: 10/26/2012)
2012-10-26
1
MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Settlement Conference held on 10/10/2012. Conference concluded and matteris now resolved. Signed by Magistrate Judge Denise K. LaRue. (TMA) (Entered: 10/31/2012)
2012-10-30
1
NOTICE of FILING of OFFICIAL TRANSCRIPT of Final Pretrial Conference (Redacted) held before Judge Tanya Walton Pratt on 10/10/2012 (Moxley, David) (Entered: 10/31/2012)
2012-10-31
1
REDACTED Version of previously filed 367 TRANSCRIPT of Final Pretrial Conference held on 10/10/2012 before Judge Tanya Walton Pratt. (82 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). (Moxley, David) Released on 1/11/2013 (SWM). (Entered: 10/31/2012)
2012-10-31
1
Joint MOTION for Extension of Time to December 17, 2012 in which to 370 Terminate Deadlines and HearingsTerminate MotionsOrder, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Attachments: # 1 Text of Proposed Order)(Lane, Bradley) (Entered: 11/15/2012)
2012-11-15
1
ORDER granting 376 Motion for Extension of Time. Counsel are directed to proceed to finalize the settlement agreement and to file the appropriate dismissal papers with the Clerk of the Court on or before December 17, 2012. Failure to do so will result in dismissal with prejudice pursuant to Fed. R. Civ. P. 41(b). Signed by Judge Tanya Walton Pratt on 11/16/2012. (TRG) (Entered: 11/16/2012)
2012-11-16
1
STIPULATION of Dismissal With Prejudice, filed by Plaintiff COOK INCORPORATED, Counter Defendant COOK INCORPORATED, Counter Claimant ENDOLOGIX, INC., Defendant ENDOLOGIX, INC.. (Lane, Bradley) (Entered: 12/14/2012)
2012-12-14
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CLOSED DISMISSED - Court acknowledged Stipulation of Dismissal With Prejudice. Signed by Judge Tanya Walton Pratt on 12/18/2012. (Marginal Notation)(TRG) (Entered: 12/18/2012)
2012-12-18
1
NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Stipulation of Dismissal) (JD) (Entered: 12/26/2012)
2012-12-26
1
RECEIPT for Exhibits. (JD) (JD). (Entered: 05/20/2013)
2013-05-20
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RECEIPT for Exhibits - Disposed per Atty. Leitenberger's direction. (JD) (Entered: 06/06/2013)
2013-06-06
1