Fisher & Paykel Healthcare Limited v. ResMed Corp.

Application Number	Patent Number	External Links
-	US9119931	Espacenet Google Patents

COMPLAINT with Jury Demand against ResMed Corp. ( Filing fee $ 400 receipt number 0974-9333461.), filed by Fisher & Paykel Healthcare Limited. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:16-cv-2068-GPC-WVG. Judge Gonzalo P. Curiel and Magistrate Judge William V. Gallo are assigned to the case. (Swaroop, Sheila)(fth) (sjt). (Entered: 08/17/2016)

2016-08-16

1

Download

COMPLAINT with Jury Demand against ResMed Corp. ( Filing fee $ 400 receipt number 0974-9333461.), filed by Fisher & Paykel Healthcare Limited. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:16-cv-2068-GPC-WVG. Judge Gonzalo P. Curiel and Magistrate Judge William V. Gallo are assigned to the case. (Swaroop, Sheila)(fth) (sjt). (Entered: 08/17/2016)

2016-08-16

2

View

NOTICE of Party With Financial Interest by Fisher & Paykel Healthcare Limited. Identifying Corporate Parent Fisher & Paykel Healthcare Corporation Limited for Fisher & Paykel Healthcare Limited. (fth) (Entered: 08/17/2016)

2016-08-16

1

View

REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 8,443,807, 8,479,741, 8,186,345, 8,453,641, 9,265,902, 8,550,072, 8,091,547, 7,111,624, 6,398,197 cc:USPTO (fth) (Entered: 08/17/2016)

2016-08-16

1

View

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (Entered: 08/17/2016)

2016-08-17

1

Download

SUMMONS Returned Executed by Fisher & Paykel Healthcare Limited. ResMed Corp. served. (Swaroop, Sheila) (dlg). (Entered: 08/24/2016)

2016-08-24

1

View

MINUTE ORDER. Judge Gonzalo P. Curiel has declined assignment pursuant to General Order 598. Case reassigned to Judge Dana M. Sabraw for all further proceedings. The new case number is 16cv2068-DMS(WVG) (no document attached) (tel) (Entered: 08/31/2016)

2016-08-31

1

View

Order of Judge Transfer

2016-08-31

1

No Actions

ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Fisher & Paykel Healthcare Limited, Fisher & Paykel Healthcare Corporation Limited, Fisher & Paykel Healthcare Inc., Fisher & Paykel Healthcare Distribution Inc. by ResMed Corp., Resmed Inc., ResMed Ltd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Denning, Roger)Attorney Roger A Denning added to party ResMed Corp.(pty:dft), Attorney Roger A Denning added to party Resmed Inc.(pty:cc), Attorney Roger A Denning added to party ResMed Ltd(pty:cc) Modified on 9/8/2016-QC email sent re incorrect Judge in caption (aef). (Entered: 09/07/2016)

2016-09-07

1

View

NOTICE OF RELATED CASE(S) by ResMed Corp., ResMed Ltd, Resmed Inc. of case(s) 337-TA-3169 U.S. International Trade Commission . (Denning, Roger) (aef). (Entered: 09/07/2016)

2016-09-07

1

View

NOTICE of Party With Financial Interest by ResMed Corp., ResMed Ltd, Resmed Inc. . Identifying Corporate Parent Resmed Inc., Corporate Parent ResMed Holdings Ltd, Corporate Parent ResMed EAP Holdings LLC for ResMed Ltd; Corporate Parent Resmed Inc. for ResMed Corp.. (Denning, Roger) (aef). (jao). (Entered: 09/07/2016)

2016-09-07

1

View

Summons Issued re 7 Counterclaim. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (aef) (Entered: 09/08/2016)

2016-09-08

1

View

MOTION to Stay Pending Resolution of Inter Partes Review by ResMed Corp., ResMed Ltd. (Attachments: # 1 Memo of Points and Authorities ISO Mot to Stay, # 2 Declaration of Denning ISO MPA, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R)(Denning, Roger) (aef). (Entered: 09/08/2016)

2016-09-08

1

View

NOTICE of Appearance by Joseph F Jennings on behalf of Fisher & Paykel Healthcare Limited (Jennings, Joseph)Attorney Joseph F Jennings added to party Fisher & Paykel Healthcare Limited(pty:pla) (aef). (Entered: 09/22/2016)

2016-09-22

1

View

RESPONSE in Opposition re 11 MOTION to Stay Pending Resolution of Inter Partes Review filed by Fisher & Paykel Healthcare Limited. (Attachments: # 1 Declaration of Sheila N. Swaroop, # 2 Exhibit 1 to the Swaroop Declaration, # 3 Exhibit 2 to the Swaroop Declaration, # 4 Exhibit 3 to the Swaroop Declaration, # 5 Exhibit 4 to the Swaroop Declaration, # 6 Exhibit 5 to the Swaroop Declaration, # 7 Exhibit 6 to the Swaroop Declaration, # 8 Exhibit 7 to the Swaroop Declaration, # 9 Exhibit 8 to the Swaroop Declaration, # 10 Exhibit 9 to the Swaroop Declaration, # 11 Exhibit 10 to the Swaroop Declaration, # 12 Exhibit 11 to the Swaroop Declaration, # 13 Declaration of Jonathan Harwood, # 14 Exhibit 12 to the Harwood Declaration, # 15 Exhibit 13 to the Harwood Declaration)(Swaroop, Sheila) (aef). (Entered: 09/23/2016)

2016-09-23

1

View

SUMMONS Returned Executed by ResMed Corp. Fisher & Paykel Healthcare Distribution Inc. served. (Denning, Roger) (aef). (Entered: 09/27/2016)

2016-09-27

1

View

SUMMONS Returned Executed by ResMed Corp. Fisher & Paykel Healthcare Inc. served. (Denning, Roger)(aef). (Entered: 09/27/2016)

2016-09-27

1

View

REPLY to Response to Motion re 11 MOTION to Stay Pending Resolution of Inter Partes Review filed by ResMed Corp., ResMed Ltd, Resmed Inc.. (Attachments: # 1 Declaration of Denning ISO Reply to Mot to Stay, # 2 Exhibit A to Decl of Denning, # 3 Exhibit B to Decl of Denning, # 4 Exhibit C to Decl of Denning)(Denning, Roger) (aef). (Entered: 09/30/2016)

2016-09-30

1

View

ANSWER to 7 Answer to Complaint,,, Counterclaim,,, COUNTERCLAIM against ResMed Corp., ResMed Ltd, Resmed Inc. by Fisher & Paykel Healthcare Inc., Fisher & Paykel Healthcare Limited, Fisher & Paykel Healthcare Distribution Inc..(Jennings, Joseph)Attorney Joseph F Jennings added to party Fisher & Paykel Healthcare Distribution Inc.(pty:cd), Attorney Joseph F Jennings added to party Fisher & Paykel Healthcare Inc.(pty:cd), Attorney Joseph F Jennings added to party Fisher & Paykel Healthcare Limited(pty:cd) (aef). (Entered: 10/03/2016)

2016-10-03

1

View

ORDER Re: Oral Argument. (Re Doc 11 ) ResMed's motion to stay this case pending resolution of Inter Partes review is currently scheduled for hearing on October 7, 2016. The Court has reviewed the parties' briefs, and finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the October 7, 2016 hearing is vacated. Signed by Judge Dana M. Sabraw on 10/4/2016.(aef) (Entered: 10/04/2016)

2016-10-04

1

View

MOTION to Stay Counterclaims Pending Resolution of ITC Investigation by Fisher & Paykel Healthcare Distribution Inc., Fisher & Paykel Healthcare Inc., Fisher & Paykel Healthcare Limited. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Stay, # 2 Declaration of Joseph F. Jennings, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Jennings, Joseph) (aef). (Entered: 10/06/2016)

2016-10-06

1

View

RESPONSE to Motion re 19 MOTION to Stay Counterclaims Pending Resolution of ITC Investigation filed by ResMed Corp., ResMed Ltd, Resmed Inc. (Denning, Roger) (aef). (Entered: 10/11/2016)

2016-10-11

1

View

ANSWER to 17 Answer to Counterclaim, by ResMed Corp., ResMed Ltd, Resmed Inc.(Denning, Roger) (aef). (Entered: 10/27/2016)

2016-10-27

1

View

ORDER Re: Oral Argument. (Re Doc 19 ) Fisher & Paykel's motion to stay counterclaims pending resolution of ITC investigation is currently scheduled for hearing on November 10, 2016. The Court finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the November 10, 2016 hearing is vacated. Signed by Judge Dana M. Sabraw on 11/7/2016.(aef) (jao). (Entered: 11/07/2016)

2016-11-07

1

View

SUMMONS Returned Executed by Resmed Inc., ResMed Ltd, ResMed Corp.. Fisher & Paykel Healthcare Corporation Limited served. (Denning, Roger) (aef). (Entered: 11/09/2016)

2016-11-09

1

View

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Fisher & Paykel Healthcare Corporation Limited. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Lewis G. Gradon)(Jennings, Joseph)Attorney Joseph F Jennings added to party Fisher & Paykel Healthcare Corporation Limited(pty:cd) (aef). (Entered: 11/15/2016)

2016-11-15

1

View

ORDER Granting 19 Fisher & Paykel's Motion to Stay Counterclaims pending Resolution of ITC Investigation. The Court hereby GRANTS the motion. This action is stayed as to the counterclaims alleging infringement of U.S. Patent. No. 8,960,196 and U.S. Patent No. 9,119,931 until the final determination of Investigation No. 337-TA-1022 by the United States International Trade Commission, including during the pendency of any appeals of such determination. Signed by Judge Dana M. Sabraw on 11/17/2016. (aef) (jao). (Entered: 11/17/2016)

2016-11-17

1

View

NOTICE of Recent Facts Relevant to Its Motion to Stay by ResMed Corp. re 11 MOTION to Stay Pending Resolution of Inter Partes Review (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, # 11 Exhibit K)(Denning, Roger) (aef). (Entered: 11/18/2016)

2016-11-18

1

View

ORDER granting ResMed's 11 Motion to Stay pending resolution of ResMeds petitions for inter partes review. Signed by Judge Dana M. Sabraw on 11/22/2016. (fth) (Entered: 11/22/2016)

2016-11-22

1

View

DOCUMENT STRICKEN PER ECF 33 - RESPONSE in Opposition re 24 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by ResMed Corp., ResMed Ltd, Resmed Inc.. (Attachments: # 1 Declaration of Denning ISO of Oppos to MTD, # 2 Exhibit A to Decl of Denning ISO of Oppos to MTD, # 3 Exhibit B to Decl of Denning ISO of Oppos to MTD, # 4 Exhibit C to Decl of Denning ISO of Oppos to MTD, # 5 Exhibit D to Decl of Denning ISO of Oppos to MTD, # 6 Exhibit E to Decl of Denning ISO of Oppos to MTD, # 7 Exhibit F to Decl of Denning ISO of Oppos to MTD, # 8 Exhibit G to Decl of Denning ISO of Oppos to MTD, # 9 Exhibit H to Decl of Denning ISO of Oppos to MTD)(Denning, Roger) (aef). (Main Document 28 replaced on 12/15/2016) (aef). Modified on 12/15/2016-to strike document (aef). (Entered: 12/08/2016)

2016-12-08

1

View

NOTICE of Appearance by Francis Albert on behalf of ResMed Corp., ResMed Ltd, Resmed Inc. (Albert, Francis)Attorney Francis Albert added to party ResMed Corp.(pty:dft), Attorney Francis Albert added to party ResMed Corp.(pty:cd), Attorney Francis Albert added to party ResMed Corp.(pty:cc), Attorney Francis Albert added to party ResMed Ltd(pty:cd), Attorney Francis Albert added to party ResMed Ltd(pty:cc), Attorney Francis Albert added to party Resmed Inc.(pty:cd), Attorney Francis Albert added to party Resmed Inc.(pty:cc), Attorney Francis Albert added to party Resmed Inc.(pty:cc) (aef). (Entered: 12/08/2016)

2016-12-08

1

View

NOTICE of Appearance by Todd G Miller on behalf of ResMed Corp., ResMed Ltd, Resmed Inc. (Miller, Todd)Attorney Todd G Miller added to party ResMed Corp.(pty:dft), Attorney Todd G Miller added to party ResMed Corp.(pty:cd), Attorney Todd G Miller added to party ResMed Corp.(pty:cc), Attorney Todd G Miller added to party ResMed Ltd(pty:cd), Attorney Todd G Miller added to party ResMed Ltd(pty:cc), Attorney Todd G Miller added to party Resmed Inc.(pty:cd), Attorney Todd G Miller added to party Resmed Inc.(pty:cc), Attorney Todd G Miller added to party Resmed Inc.(pty:cc) (aef). (Entered: 12/09/2016)

2016-12-09

1

View

MOTION to Withdraw 28 Response in Opposition to Motion, MOTION to Strike Document by ResMed Corp., ResMed Ltd, Resmed Inc.. (Attachments: # 1 Memo of Points and Authorities ISO ResMed Mot to Withdraw and Strike D28 Oppos)(Miller, Todd) (aef). (Entered: 12/09/2016)

2016-12-09

1

View

RESPONSE in Opposition re 24 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by ResMed Corp., ResMed Ltd, Resmed Inc.. (Denning, Roger) (aef). (Entered: 12/09/2016)

2016-12-09

1

View

ORDER Granting 31 Motion to Withdraw and Unopposed Motion to Strike Opposition (D28). The Court HEREBY GRANTS ResMed's motion and ORDERS ResMed's opposition brief (D28) withdrawn and stricken. Each party shall bear its own fees and costs. Signed by Judge Dana M. Sabraw on 12/15/2016. (aef) (Entered: 12/15/2016)

2016-12-15

1

View

REPLY to Response to Motion re 24 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Fisher & Paykel Healthcare Corporation Limited. (Attachments: # 1 Declaration of Joseph F. Jennings, # 2 Exhibit 1, # 3 Exhibit 2)(Jennings, Joseph)(aef). (Entered: 12/15/2016)

2016-12-15

1

View

ORDER Re: Oral Argument. (Re Doc 24 ) Fisher & Paykel Healthcare Corporation Limited's motion to dismiss is currently scheduled for hearing on December 22, 2016. The Court has reviewed the parties' briefs, and finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the December 22, 2016 hearing is vacated. Signed by Judge Dana M. Sabraw on 12/16/2016.(aef) (Entered: 12/16/2016)

2016-12-16

1

View

ORDER Scheduling Attorneys-Only Telephonic Status Conference. The Court will hold an attorneys-only telephonic status conference on December 27, 2016 at 10:15 a.m. The Court will initiate the teleconference and contact the designated attorneys at the telephone numbers previously provided. Signed by Magistrate Judge William V. Gallo on 12/21/2016.(aef) (Entered: 12/21/2016)

2016-12-21

1

View

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 12/27/2016(Plaintiff Attorney Sheila Swaroop). (Defendant Attorney Roger Denning). (no document attached) (ajf) (Entered: 12/27/2016)

2016-12-27

1

View

Status Conference

2016-12-27

1

No Actions

NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 1/30/2017 at 9:00 AM in Courtroom 2A before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 12/28/2016.(fth) (Entered: 12/28/2016)

2016-12-28

1

View

ORDER Granting 24 Fisher & Paykel Healthcare Corporation Limited's Motion to Dismiss. Signed by Judge Dana M. Sabraw on 1/11/2017. (aef) (Entered: 01/11/2017)

2017-01-11

1

View

DOCUMENT FILED IN ERROR. (No Document Attached)(aef) Modified on 1/11/2017-to remove image; NEF regenerated (aef). (Entered: 01/11/2017)

2017-01-11

1

View

Joint MOTION to Stay by Fisher & Paykel Healthcare Distribution Inc., Fisher & Paykel Healthcare Inc., Fisher & Paykel Healthcare Limited. (Jennings, Joseph) (aef). (Entered: 01/12/2017)

2017-01-12

1

View

ORDER Granting 41 Joint Motion to Stay. The Court, having considered the Joint Motion to Stay filed by parties, and for good cause shown, hereby ORDERS that: 1. The motion is GRANTED. 2. All claims not yet stayed in this action are now stayed pending resolution of Fisher & Paykel's petitions for inter partes review. Counsel shall inform the Court when the PTAB decides to grant or deny the petitions for review, and at that time advise the Court whether the stay should be continued. Signed by Judge Dana M. Sabraw on 1/13/2017. (aef) (jao). (Entered: 01/13/2017)

2017-01-13

1

View

ORDER Vacating Early Neutral Evaluation Conference. In light of the Order staying all claims in this case, the Early Neutral Evaluation set for January 30, 2017, at 9:00 a.m., is VACATED. Signed by Magistrate Judge William V. Gallo on 1/13/2017.(aef) (Entered: 01/17/2017)

2017-01-13

1

View

NOTICE of Appearance by Matthew Bellinger on behalf of Fisher & Paykel Healthcare Distribution Inc., Fisher & Paykel Healthcare Inc., Fisher & Paykel Healthcare Limited (Bellinger, Matthew)Attorney Matthew Bellinger added to party Fisher & Paykel Healthcare Distribution Inc.(pty:cd), Attorney Matthew Bellinger added to party Fisher & Paykel Healthcare Inc.(pty:cd), Attorney Matthew Bellinger added to party Fisher & Paykel Healthcare Limited(pty:pla) (aef). (Entered: 03/24/2017)

2017-03-24

1

View

STATUS REPORT by Fisher & Paykel Healthcare Limited. (Bellinger, Matthew) (aef). (Entered: 03/24/2017)

2017-03-24

1

View

MOTION to Lift the Stay by Fisher & Paykel Healthcare Limited. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Bellinger, Matthew) (aef). (Entered: 03/24/2017)

2017-03-24

1

View

RESPONSE in Opposition re 46 MOTION to Lift the Stay filed by ResMed Corp., ResMed Ltd, Resmed Inc.. (Attachments: # 1 Declaration of Denning ISO Opposition, # 2 Exhibit 1 to Declaration of Denning, # 3 Exhibit 2 to Declaration of Denning, # 4 Exhibit 3 to Declaration of Denning, # 5 Exhibit 4 to Declaration of Denning, # 6 Exhibit 5 to Declaration of Denning, # 7 Exhibit 6 to Declaration of Denning)(Denning, Roger) (aef). (Entered: 04/14/2017)

2017-04-14

1

View

REPLY to Response to Motion re 46 MOTION to Lift the Stay filed by Fisher & Paykel Healthcare Distribution Inc., Fisher & Paykel Healthcare Inc., Fisher & Paykel Healthcare Limited. (Bellinger, Matthew) (aef). (Entered: 04/21/2017)

2017-04-21

1

View

ORDER Re: Oral Argument. (Re Doc 46 ) The motion to lift the stay filed by the Fisher & Paykel parties is currently scheduled for hearing on April 28, 2017. The Court has reviewed the parties' briefs, and finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the April 28, 2017 hearing is vacated. Signed by Judge Dana M. Sabraw on 4/21/2017.(aef) (Entered: 04/24/2017)

2017-04-21

1

View

RESPONSE in Opposition re 46 MOTION to Lift the Stay (Update re IPR Status) filed by ResMed Corp., ResMed Ltd, Resmed Inc. (Denning, Roger) (aef). (Entered: 05/03/2017)

2017-05-03

1

View

ORDER Denying 46 Plaintiff's Motion to Lift the Stay. Signed by Judge Dana M. Sabraw on 5/22/2017. (aef) (Entered: 05/23/2017)

2017-05-23

1

Download

NOTICE of Appearance by Craig E Countryman on behalf of ResMed Corp., ResMed Ltd, Resmed Inc. (Countryman, Craig)Attorney Craig E Countryman added to party ResMed Corp.(pty:dft), Attorney Craig E Countryman added to party ResMed Corp.(pty:cc), Attorney Craig E Countryman added to party ResMed Ltd(pty:cc), Attorney Craig E Countryman added to party Resmed Inc.(pty:cc), Attorney Craig E Countryman added to party Resmed Inc.(pty:cc) (aef). (Entered: 07/10/2017)

2017-07-10

1

View

Joint MOTION to Dismiss by Fisher & Paykel Healthcare Corporation Limited, Fisher & Paykel Healthcare Distribution Inc., Fisher & Paykel Healthcare Limited. (Jennings, Joseph) (aef). (Entered: 03/05/2019)

2019-03-05

1

View

ORDER Granting 53 Joint Stipulation of Dismissal. The above entitled case is dismissed, including all claims and counterclaims currently pending before this Court. Each party shall bear its own attorneys' fees and costs. The Court shall retain jurisdiction over the parties to enforce any disputes arising from the parties' written agreement resolving this matter. Signed by Judge Dana M. Sabraw on 3/6/2019. (aef) (sjt). (Entered: 03/06/2019)

2019-03-06

1

View

Overview

Parties

Defendant

ResMed Corp.

Represented By

Plaintiff