MacuLogix, Inc. v. Heru, Inc.

Application Number	Patent Number	External Links
-	US8795191	Espacenet Google Patents
-	US11089954	Espacenet Google Patents
-	US11224340	Espacenet Google Patents

COMPLAINT filed with Jury Demand against Heru, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3760083.) - filed by The UAB Research Foundation, MacuLogix, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(mal) (Entered: 12/10/2021)

2021-12-10

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 12/10/2021)

2021-12-10

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,795,191 B2 ;11,089,954 B2. (mal) (Entered: 12/10/2021)

2021-12-10

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by MacuLogix, Inc.. (mal) (Entered: 12/10/2021)

2021-12-10

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Summons Issued with Magistrate Consent Notice attached as to Heru, Inc. on 12/10/2021. (mal) (Entered: 12/10/2021)

2021-12-10

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Case Assigned/Reassigned

2021-12-15

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Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)

2021-12-15

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SUMMONS Returned Executed by The UAB Research Foundation, MacuLogix, Inc.. Heru, Inc. served on 12/17/2021, answer due 1/7/2022. (Tigan, Jeremy) (Entered: 12/17/2021)

2021-12-17

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STIPULATION TO EXTEND TIME to Answer the Complaint to through and including February 7, 2022 - filed by Heru, Inc.. (Farnan, Kelly) (Entered: 12/21/2021)

2021-12-21

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SO ORDERED

2021-12-21

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SO ORDERED, re 7 STIPULATION TO EXTEND TIME to Answer the Complaint to through and including February 7, 2022 filed by Heru, Inc. Signed by Judge Leonard P. Stark on 12/21/21. (ntl)

2021-12-21

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STIPULATION TO EXTEND TIME for (i) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to file an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1) and (ii) Defendant Heru, Inc. to move, answer, or otherwise respond to Plaintiffs' amended complaint to February 11, 2022 and March 11, 2022, respectively - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) (Entered: 02/07/2022)

2022-02-07

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SO ORDERED

2022-02-08

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SO ORDERED, re 8 STIPULATION TO EXTEND TIME for (i) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to file an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1) by 2/11/22 and (ii) Defendant Heru, Inc. to move, answer, or otherwise respond to Plaintiffs' amended complaint by 3/11/22 filed by MacuLogix, Inc., The UAB Research Foundation. Signed by Judge Leonard P. Stark on 2/8/22. (ntl)

2022-02-08

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AMENDED COMPLAINT against Heru, Inc.- filed by The UAB Research Foundation, MacuLogix, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tigan, Jeremy) (Entered: 02/11/2022)

2022-02-11

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,795,191 B2 ;11,089,954 B2 ;11,224,340 B2 (Amended Report). (Tigan, Jeremy) (Entered: 02/11/2022)

2022-02-11

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MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Piepmeier, Chao "Wendy" Wang and James S. Miller - filed by Heru, Inc.. (Farnan, Kelly) (Entered: 03/11/2022)

2022-03-11

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MOTION for Pro Hac Vice Appearance of Attorney Peter J. Armenio, Colleen Tracy James, and Joel L. Broussard - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) (Entered: 03/11/2022)

2022-03-11

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MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement - filed by Heru, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 03/11/2022)

2022-03-11

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OPENING BRIEF in Support re 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement filed by Heru, Inc..Answering Brief/Response due date per Local Rules is 3/25/2022. (Farnan, Kelly) (Entered: 03/11/2022)

2022-03-11

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SO ORDERED

2022-03-11

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SO ORDERED, re 11 MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Piepmeier, Chao "Wendy" Wang and James S. Miller filed by Heru, Inc. Signed by Judge Leonard P. Stark on 3/11/22. (ntl)

2022-03-11

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SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Peter J. Armenio, Colleen Tracy James, and Joel L. Broussard filed by MacuLogix, Inc., The UAB Research Foundation. Signed by Judge Leonard P. Stark on 3/11/22. (ntl)

2022-03-11

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STIPULATION TO EXTEND TIME for (1) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to respond to Defendant Heru, Inc.'s Motion to Dismiss (D.I. 13) and (2) Heru to file a reply in support of its Motion to April 8, 2022 and April 22, 2022, respectively - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) (Entered: 03/18/2022)

2022-03-18

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ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/22/2022. (etg) (Entered: 03/22/2022)

2022-03-22

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VAC Notice, Consent, Non-Consent, Magistrate Referral (etg) (Entered: 03/22/2022)

2022-03-22

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Case Assigned (Vacant Judgeship 2022)

2022-03-22

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SO ORDERED

2022-03-22

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Case Assigned/Reassigned

2022-03-22

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Oral Order

2022-03-22

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Case Reassigned to Judge Leonard P. Stark of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (LPS) after the case number on all documents filed. (etg)

2022-03-22

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SO ORDERED, re 15 STIPULATION TO EXTEND TIME for (1) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to respond to Defendant Heru, Inc.'s Motion to Dismiss (D.I. 13) and (2) Heru to file a reply in support of its Motion to April 8, 2022 and April 22, 20 filed by MacuLogix, Inc., The UAB Research Foundation. Signed by Judge Leonard P. Stark on 3/22/2022. (etg)

2022-03-22

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Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (etg)

2022-03-22

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Add Attorneys - PHV only

2022-03-29

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Pro Hac Vice Attorney Joel L. Broussard for MacuLogix, Inc. and The UAB Research Foundation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

2022-03-29

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VAC Magistrate Consent completed by the parties filed by Heru, Inc., MacuLogix, Inc., and The UAB Research Foundation. (nmg) (Entered: 03/30/2022)

2022-03-30

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ORDER Approving Magistrate Consent submitted by parties. Case reassigned to Magistrate Judge Jennifer L. Hall. Signed by Judge Richard G. Andrews on 3/30/22. (ntl) (Entered: 03/30/2022)

2022-03-30

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Add Attorneys - PHV only

2022-03-30

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Pro Hac Vice Attorneys Peter J. Armenio, Colleen Tracy James for MacuLogix, Inc., The UAB Research Foundation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)

2022-03-30

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ORAL ORDER: IT IS HEREBY ORDERED that, within thirty days, the parties shall jointly prepare and file the following: (i) a proposed Scheduling Order consistent with Judge Hall's "Rule 16 Scheduling Order - Patent"; and (ii) a letter, not to exceed three pages, setting forth (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order; and (c) a list of any other issues the parties want to address at the Rule 16 Scheduling Conference. Thereafter, the Court may schedule a Rule 16 Scheduling Conference to be held with Judge Hall. The Scheduling Order can be found on Judge Hall's portion of the District Court's website. ORDERED by Judge Jennifer L. Hall on 4/1/2022. (ceg) (Entered: 04/01/2022)

2022-04-01

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Order

2022-04-01

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STIPULATION TO EXTEND TIME for (1) Plaintiffs MacuLogix, Inc. and The UAB Research Foundation to respond to Defendant Heru, Inc.'s Motion to Dismiss (D.I. 13); (2) Heru to file a reply in support of its Motion; and (3) the parties to file a proposed scheduling order and the letter required by the Court's April 1, 2022 Oral Order (D.I. 20) to April 14, 2022, May 5, 2022 and May 19, 2022, respectively - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) (Entered: 04/08/2022)

2022-04-08

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~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

2022-04-13

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SO ORDERED, 21 Stipulation and Order to Extend Time regarding Motion to Dismiss and Proposed Scheduling Order. Reset Briefing Schedule re 13 Motion to Dismiss for Failure to State a Claim: Answering Brief due 4/14/2022, Reply Brief due 5/5/2022. The deadline to submit a proposed scheduling order is extended to 5/19/2022. ORDERED by Judge Jennifer L. Hall on 4/13/2022. (ceg)

2022-04-13

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ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement filed by MacuLogix, Inc., The UAB Research Foundation.Reply Brief due date per Local Rules is 4/21/2022. (Attachments: # 1 Exhibits A-E)(Tigan, Jeremy) (Entered: 04/14/2022)

2022-04-14

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Set Briefing Schedule - open,ans,reply,surreply

2022-05-03

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Reset Briefing Schedule re 13 Motion to Dismiss for Failure to State a Claim: Reply Brief due 5/5/2022. (ceg)

2022-05-03

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REPLY BRIEF re 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement filed by Heru, Inc.. (Farnan, Kelly) (Entered: 05/05/2022)

2022-05-05

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Letter to The Honorable Jennifer L. Hall from Jeremy A. Tigan regarding Request for Oral Argument - re 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement. (Tigan, Jeremy) (Entered: 05/12/2022)

2022-05-12

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NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production (Nos. 1-76) filed by MacuLogix, Inc., The UAB Research Foundation.(Tigan, Jeremy) (Entered: 05/17/2022)

2022-05-17

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Joint Proposed Scheduling Order, by MacuLogix, Inc., The UAB Research Foundation. (Attachments: # 1 Cover Letter to The Honorable Jennifer L. Hall)(Tigan, Jeremy) Modified on 5/20/2022 (ceg). (Entered: 05/19/2022)

2022-05-19

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SCHEDULING ORDER: Joinder of Parties and Amended Pleadings due by 9/9/2022. Fact Discovery completed by 5/26/2023. Expert Discovery due by 9/15/2023. Joint Claim Construction Brief due by 12/15/2022. A Markman Hearing is set for 1/11/2023 at 10:00 AM in before Judge Jennifer L. Hall. Interim Status Report due by 2/14/2023. Dispositive Motions due by 10/6/2023. Answering Brief due 11/10/2023. Reply Brief due 12/1/2023. A Motion Hearing is set for 1/25/2024 at 01:00 PM before Judge Jennifer L. Hall. Proposed Pretrial Order due by 4/15/2024. A Final Pretrial Conference is set for 4/22/2024 at 03:00 PM before Judge Jennifer L. Hall. A 5-day Jury Trial is set for 4/29/2024 at 09:30 AM in courtroom TBD before Judge Jennifer L. Hall. (*See Order for complete details). Signed by Judge Jennifer L. Hall on 5/27/2022. (ceg) (Entered: 05/27/2022)

2022-05-27

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NOTICE OF SERVICE of Plaintiff MacuLogix, Inc.'s Identification of Accused Products, Asserted Patents and Damages Model filed by MacuLogix, Inc., The UAB Research Foundation.(Tigan, Jeremy) (Entered: 05/27/2022)

2022-05-27

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Add Attorneys - PHV only

2022-05-27

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Pro Hac Vice Attorney James S. Miller and Chao Wendy Wang for Heru, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

2022-05-27

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No Actions

Pro Hac Vice Attorney Sarah E. Piepmeier for Heru, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

2022-05-27

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NOTICE OF SERVICE of (1) Defendant Heru, Inc.s First Set of Interrogatories to Plaintiffs MacuLogix, Inc. and UAB Research Foundation (Nos. 1-16) and (2) Defendant Heru, Inc.s First Set of Requests for Production to Plaintiffs MacuLogix, Inc. and UAB Research Foundation (Nos. 1-56) filed by Heru, Inc..(Farnan, Kelly) (Entered: 05/31/2022)

2022-05-31

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NOTICE OF SERVICE of Defendants Responses to Plaintiffs First Set of Requests for Production (Nos. 1-76) filed by Heru, Inc..(Farnan, Kelly) (Entered: 06/16/2022)

2022-06-16

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Stipulation to EXTEND Time

2022-06-21

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SO ORDERED

2022-06-23

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Stipulation to EXTEND Time

2022-07-19

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Set/Reset Claim Construction Briefing AND SO ORDERED

2022-07-20

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Notice of Voluntary Dismissal

2022-08-24

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Patent/Trademark Report to Commissioner of Patents

2022-08-25

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Terminate Case - Civil

2022-08-25

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Overview

Parties

Defendant

Heru, Inc. Follow

Represented By

Plaintiff

The UAB Research Foundation Follow

Represented By

MacuLogix, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed with Jury Demand against Heru, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3760083.) - filed by The UAB Research Foundation, MacuLogix, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(mal) (Entered: 12/10/2021)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 12/10/2021)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,795,191 B2 ;11,089,954 B2. (mal) (Entered: 12/10/2021)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by MacuLogix, Inc.. (mal) (Entered: 12/10/2021)

Summons Issued with Magistrate Consent Notice attached as to Heru, Inc. on 12/10/2021. (mal) (Entered: 12/10/2021)

Case Assigned/Reassigned

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)

SUMMONS Returned Executed by The UAB Research Foundation, MacuLogix, Inc.. Heru, Inc. served on 12/17/2021, answer due 1/7/2022. (Tigan, Jeremy) (Entered: 12/17/2021)

STIPULATION TO EXTEND TIME to Answer the Complaint to through and including February 7, 2022 - filed by Heru, Inc.. (Farnan, Kelly) (Entered: 12/21/2021)

SO ORDERED

SO ORDERED, re 7 STIPULATION TO EXTEND TIME to Answer the Complaint to through and including February 7, 2022 filed by Heru, Inc. Signed by Judge Leonard P. Stark on 12/21/21. (ntl)

SO ORDERED

AMENDED COMPLAINT against Heru, Inc.- filed by The UAB Research Foundation, MacuLogix, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tigan, Jeremy) (Entered: 02/11/2022)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,795,191 B2 ;11,089,954 B2 ;11,224,340 B2 (Amended Report). (Tigan, Jeremy) (Entered: 02/11/2022)

MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Piepmeier, Chao "Wendy" Wang and James S. Miller - filed by Heru, Inc.. (Farnan, Kelly) (Entered: 03/11/2022)

MOTION for Pro Hac Vice Appearance of Attorney Peter J. Armenio, Colleen Tracy James, and Joel L. Broussard - filed by MacuLogix, Inc., The UAB Research Foundation. (Tigan, Jeremy) (Entered: 03/11/2022)

MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement - filed by Heru, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 03/11/2022)

OPENING BRIEF in Support re 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement filed by Heru, Inc..Answering Brief/Response due date per Local Rules is 3/25/2022. (Farnan, Kelly) (Entered: 03/11/2022)

SO ORDERED

SO ORDERED, re 11 MOTION for Pro Hac Vice Appearance of Attorney Sarah E. Piepmeier, Chao "Wendy" Wang and James S. Miller filed by Heru, Inc. Signed by Judge Leonard P. Stark on 3/11/22. (ntl)

SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Peter J. Armenio, Colleen Tracy James, and Joel L. Broussard filed by MacuLogix, Inc., The UAB Research Foundation. Signed by Judge Leonard P. Stark on 3/11/22. (ntl)

VAC Notice, Consent, Non-Consent, Magistrate Referral (etg) (Entered: 03/22/2022)

Case Assigned (Vacant Judgeship 2022)

SO ORDERED

Case Assigned/Reassigned

Oral Order

Case Reassigned to Judge Leonard P. Stark of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (LPS) after the case number on all documents filed. (etg)

Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (etg)

Add Attorneys - PHV only

Pro Hac Vice Attorney Joel L. Broussard for MacuLogix, Inc. and The UAB Research Foundation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

VAC Magistrate Consent completed by the parties filed by Heru, Inc., MacuLogix, Inc., and The UAB Research Foundation. (nmg) (Entered: 03/30/2022)

ORDER Approving Magistrate Consent submitted by parties. Case reassigned to Magistrate Judge Jennifer L. Hall. Signed by Judge Richard G. Andrews on 3/30/22. (ntl) (Entered: 03/30/2022)

Add Attorneys - PHV only

Pro Hac Vice Attorneys Peter J. Armenio, Colleen Tracy James for MacuLogix, Inc., The UAB Research Foundation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)

Order

~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

Set Briefing Schedule - open,ans,reply,surreply

Reset Briefing Schedule re 13 Motion to Dismiss for Failure to State a Claim: Reply Brief due 5/5/2022. (ceg)

REPLY BRIEF re 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement filed by Heru, Inc.. (Farnan, Kelly) (Entered: 05/05/2022)

Letter to The Honorable Jennifer L. Hall from Jeremy A. Tigan regarding Request for Oral Argument - re 13 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Amended Complaint for Patent Infringement. (Tigan, Jeremy) (Entered: 05/12/2022)

NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production (Nos. 1-76) filed by MacuLogix, Inc., The UAB Research Foundation.(Tigan, Jeremy) (Entered: 05/17/2022)

Joint Proposed Scheduling Order, by MacuLogix, Inc., The UAB Research Foundation. (Attachments: # 1 Cover Letter to The Honorable Jennifer L. Hall)(Tigan, Jeremy) Modified on 5/20/2022 (ceg). (Entered: 05/19/2022)

NOTICE OF SERVICE of Plaintiff MacuLogix, Inc.'s Identification of Accused Products, Asserted Patents and Damages Model filed by MacuLogix, Inc., The UAB Research Foundation.(Tigan, Jeremy) (Entered: 05/27/2022)

Add Attorneys - PHV only

Pro Hac Vice Attorney James S. Miller and Chao Wendy Wang for Heru, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Pro Hac Vice Attorney Sarah E. Piepmeier for Heru, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

NOTICE OF SERVICE of Defendants Responses to Plaintiffs First Set of Requests for Production (Nos. 1-76) filed by Heru, Inc..(Farnan, Kelly) (Entered: 06/16/2022)

Stipulation to EXTEND Time

SO ORDERED

Stipulation to EXTEND Time

Set/Reset Claim Construction Briefing AND SO ORDERED

Notice of Voluntary Dismissal

Patent/Trademark Report to Commissioner of Patents

Terminate Case - Civil

Track Case Updates

Heru, Inc.

The UAB Research Foundation

MacuLogix, Inc.