MASIMO CORPORATION v. MINDRAY DS USA, INC.
2:15-cv-00457
Overview
Case Number
2:15-cv-00457
Filing Date
2015-01-22
Status
Litigation filed
Court
District Court, D. New Jersey (njd)
Nature of Suit
830 Patent
Cause of Action
35:271 Patent Infringement
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, D. New Jersey (njd)
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
NOTICE OF REMOVAL by MINDRAY DS USA, INC. from SUPERIOR COURT OF NEW JERSEY BERGEN COUNTY, case number BER-L-9601-13. ( Filing and Admin fee $ 400 receipt number 0312-6167083), filed by MINDRAY DS USA, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Certificate of Service, # 4 Local Rule 11.2 Certification)(seb) (Entered: 01/23/2015)
2015-01-22
1
Corporate Disclosure Statement by MINDRAY DS USA, INC. identifying MINDRAY MEDICAL NETHERLANDS B.V. as Corporate Parent.. (seb) (Entered: 01/23/2015)
2015-01-22
1
COUNTERCLAIM against MASIMO CORPORATION, filed by MINDRAY DS USA, INC. See Exhibit attached to the Notice of Removal 1 for the Answer and Counterclaim, entry has been made to add the Counter Claim parties to the docket.(seb) (Entered: 01/27/2015)
2015-01-22
1
AO120 Patent/Trademark Form filed. (Attachments: # 1 Exhibit) (seb) (Entered: 01/27/2015)
2015-01-27
1
MOTION to Dismiss Masimo Corporation's Complaint by MINDRAY DS USA, INC.. (Attachments: # 1 Mindray DS USA Inc.'s Memorandum of Law in Support of Its Motion to Dismiss Masimo Corporation's Complaint, # 2 Declaration of Jonathan L. Israel (Part 1), # 3 Declaration of Jonathan L. Israel (Part 2), # 4 Declaration of Jonathan L. Israel (Part 3), # 5 Exhibit of Unreported Cases Cited in the Memorandum of Law, # 6 Text of Proposed Order, # 7 Certificate of Service)(SEKEL, ANNE) (Entered: 01/29/2015)
2015-01-29
1
MOTION to Dismiss Masimo Corporation's Complaint by MINDRAY MEDICAL INTERNATIONAL LTD.. (Attachments: # 1 Mindray Medical International Ltd.'s Memorandum of Law in Support of Its Motion to Dismiss Masimo Corporation's Complaint, # 2 Declaration of David Lamb, # 3 Declaration of Alex Lung, # 4 Exhibit of Unreported Cases Cited in the Memorandum of Law, # 5 Text of Proposed Order, # 6 Rule 7.1 Disclosure Statement, # 7 Certificate of Service)(SEKEL, ANNE) (Entered: 01/29/2015)
2015-01-29
1
MOTION to Dismiss Masimo Corporation's Complaint by SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD. (Attachments: # 1 Shenzhen Mindray Bio-Medical Electronics Co., Ltd.'s Memorandum of Law in Support of Its Motion to Dismiss Masimo Corporation's Complaint, # 2 Declaration of Ellen Liu, # 3 Exhibit of Unreported Cases Cited in the Memorandum of Law, # 4 Text of Proposed Order, # 5 Rule 7.1 Disclosure Statement, # 6 Certificate of Service)(SEKEL, ANNE) (Entered: 01/29/2015)
2015-01-29
1
Set Deadlines as to 7 MOTION to Dismiss Masimo Corporation's Complaint, 6 MOTION to Dismiss Masimo Corporation's Complaint, 5 MOTION to Dismiss Masimo Corporation's Complaint. Motion set for 3/2/2015 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (anr)
2015-01-30
1
No Actions
SUMMONS Returned Executed by MASIMO CORPORATION. SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD served on 11/27/2014, answer due 12/18/2014. (YELLIN, MICHAEL) (Entered: 02/04/2015)
2015-02-04
1
NOTICE of Appearance by MICHAEL REDMOND YELLIN on behalf of MASIMO CORPORATION (YELLIN, MICHAEL) (Entered: 02/05/2015)
2015-02-05
1
NOTICE of Appearance by DONALD A. OTTAUNICK on behalf of MASIMO CORPORATION (OTTAUNICK, DONALD) (Entered: 02/05/2015)
2015-02-05
1
Application and Proposed Order for Clerk's Order to extend time to answer as to Counterclaim.. (YELLIN, MICHAEL) (Entered: 02/05/2015)
2015-02-05
1
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 5 MOTION to Dismiss Masimo Corporation's Complaint . (YELLIN, MICHAEL) (Entered: 02/05/2015)
2015-02-05
1
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 6 MOTION to Dismiss Masimo Corporation's Complaint . (YELLIN, MICHAEL) (Entered: 02/05/2015)
2015-02-05
1
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 7 MOTION to Dismiss Masimo Corporation's Complaint . (YELLIN, MICHAEL) (Entered: 02/05/2015)
2015-02-05
1
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 7 MOTION to Dismiss Masimo Corporation's Complaint . (YELLIN, MICHAEL) (Entered: 02/05/2015)
2015-02-05
1
Clerk`s Text Order - The document 11 Application for Clerk's Order to Ext Answer/Proposed Order submitted by MASIMO CORPORATION has been GRANTED. The answer due date has been set for 2/26/15. (jd, )
2015-02-06
1
No Actions
CLERK'S QUALITY CONTROL MESSAGE - The Letter Rule 7.1 (doc #s 13&14) submitted by M. Yellin on 2/5/15 appear to be duplicates. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (jd, )
2015-02-06
1
No Actions
SUMMONS Returned Executed by MASIMO CORPORATION. MINDRAY MEDICAL INTERNATIONAL LTD. served on 9/17/2014, answer due 10/8/2014. (YELLIN, MICHAEL) (Entered: 02/10/2015)
2015-02-10
1
Letter from Jonathan L. Israel. (ISRAEL, JONATHAN) (Entered: 02/13/2015)
2015-02-13
1
ORDER withdrawing the portion of Defts' MINDRAY MEDICAL INTERNATIONAL LTD. and SHENZHEN MINDRAY BIOMEDICAL ELECTRONICS CO., LTD'S respective motions to dismiss based on the alleged insufficiency of service of process only, etc., re 6 Motion to Dismiss Masimo Corporation's Complaint, 7 Motion to Dismiss Masimo Corporation's Complaint. Signed by Judge Susan D. Wigenton on 2/18/15. (dc, ) (Entered: 02/18/2015)
2015-02-18
1
MOTION to Remand by MASIMO CORPORATION. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(YELLIN, MICHAEL) (Entered: 02/23/2015)
2015-02-23
1
MOTION to Remand by MASIMO CORPORATION. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(YELLIN, MICHAEL) (Entered: 02/23/2015)
2015-02-23
2
MOTION to Remand by MASIMO CORPORATION. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(YELLIN, MICHAEL) (Entered: 02/23/2015)
2015-02-23
2
Letter from Steven R. Klein, Esq. (KLEIN, STEVEN) (Entered: 02/24/2015)
2015-02-24
1
Set/Reset Deadlines as to 19 MOTION to Remand . Motion set for 4/6/2015 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (DD, )
2015-02-24
1
No Actions
Letter from Steven R. Klein, Esq. (KLEIN, STEVEN) (Entered: 02/26/2015)
2015-02-26
1
Masimo Corporation's ANSWER to Counterclaim and, Counter COUNTERCLAIM against MINDRAY DS USA, INC. by MASIMO CORPORATION.(YELLIN, MICHAEL) (Entered: 02/26/2015)
2015-02-26
1
TEXT ORDER re 21 Letter; Plaintiff's request for a one week adjournment to file its response to the three pending motions to dismiss in this matter per its February 26, 2015 letter is denied. Plaintiff must file its response by Tuesday, March 3, 2015.. So Ordered by Judge Susan D. Wigenton on 2/27/15. (cds, ) (Entered: 02/27/2015)
2015-02-27
1
Cross MOTION to Dismiss and Opposition to Motion to Dismiss by MASIMO CORPORATION. Responses due by 3/9/2015 (Attachments: # 1 Brief, # 2 Certification of Steven R. Klein, # 3 Text of Proposed Order)(KLEIN, STEVEN) (Entered: 03/03/2015)
2015-03-03
1
BRIEF in Opposition filed by MASIMO CORPORATION re 6 MOTION to Dismiss Masimo Corporation's Complaint, 7 MOTION to Dismiss Masimo Corporation's Complaint (Attachments: # 1 Certification of Rick Fishel, # 2 Certification of Nick Belair, # 3 Exhibit A, Part 1, to Cert of Nick Belair, # 4 Exhibit A, Part 2, to Cert of Nick Belair, # 5 Exhibit B to Cert of Nick Belair, # 6 Exhibit C-M to Cert of Nick Belair)(KLEIN, STEVEN) (Entered: 03/03/2015)
2015-03-03
1
Set/Reset Deadlines as to 24 Cross MOTION to Dismiss and Opposition to Motion to Dismiss. Motion set for 4/6/2015 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )
2015-03-03
1
No Actions
Letter from Anne B. Sekel, Esq.. (SEKEL, ANNE) (Entered: 03/05/2015)
2015-03-05
1
LETTER ORDER, Granting an additional day(3/10/15) to submit reply papers. Signed by Judge Susan D. Wigenton on 3/6/15. (js) (Entered: 03/09/2015)
2015-03-06
1
REPLY to Response to Motion filed by MINDRAY MEDICAL INTERNATIONAL LTD. re 6 MOTION to Dismiss Masimo Corporation's Complaint (Attachments: # 1 Certificate of Service)(ISRAEL, JONATHAN) (Entered: 03/10/2015)
2015-03-10
1
REPLY to Response to Motion filed by SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD re 7 MOTION to Dismiss Masimo Corporation's Complaint (Attachments: # 1 Certificate of Service)(ISRAEL, JONATHAN) (Entered: 03/10/2015)
2015-03-10
1
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 19 MOTION to Remand . (SEKEL, ANNE) (Entered: 03/17/2015)
2015-03-17
1
AMENDED ANSWER to 3 Counterclaim and First Amended, Counter COUNTERCLAIM against MINDRAY DS USA, INC. by MASIMO CORPORATION. (Attachments: # 1 e-mail from Clerk's office authorizing filing, # 2 Affidavit of Michael R Yellin)(YELLIN, MICHAEL) (Entered: 03/19/2015)
2015-03-19
1
REPLY to Response to Motion filed by MINDRAY DS USA, INC. re 24 Cross MOTION to Dismiss and Opposition to Motion to Dismiss (Attachments: # 1 Exhibit A - Unpublished Cases, # 2 Certificate of Service)(ISRAEL, JONATHAN) (Entered: 03/23/2015)
2015-03-23
1
ANSWER to Counterclaim (Amended Counter-Counterclaims and Affirmative Defenses) by MINDRAY DS USA, INC.. (Attachments: # 1 Certificate of Service)(SEKEL, ANNE) (Entered: 04/02/2015)
2015-04-02
1
MEMORANDUM in Opposition filed by MINDRAY DS USA, INC. re 19 MOTION to Remand (Attachments: # 1 Exhibit A, # 2 Declaration of Anne B. Sekel, Esq., # 3 Declaration of William C. Baton, Esq., # 4 Certificate of Service)(SEKEL, ANNE) (Entered: 04/06/2015)
2015-04-06
1
REPLY BRIEF to Opposition to Motion filed by MASIMO CORPORATION re 19 MOTION to Remand (YELLIN, MICHAEL) (Entered: 04/13/2015)
2015-04-13
1
NOTICE of Appearance by MICHAEL C. KLAUDER on behalf of MASIMO CORPORATION (KLAUDER, MICHAEL) (Entered: 05/12/2015)
2015-05-12
1
TEXT ORDER re 6 MOTION to Dismiss Masimo Corporation's Complaint filed by MINDRAY MEDICAL INTERNATIONAL LTD., 5 MOTION to Dismiss Masimo Corporation's Complaint filed by MINDRAY DS USA, INC., 19 MOTION to Remand filed by MASIMO CORPORATION, 24 Cross MOTION to Dismiss and Opposition to Motion to Dismiss filed by MASIMO CORPORATION, 7 MOTION to Dismiss Masimo Corporation's Complaint filed by SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD; Oral argument is scheduled for 6/18/15 at 11:00 a.m. before Hon. Susan D. Wigenton, Courtroom 5C, in Newark. Appearances required.. So Ordered by Judge Susan D. Wigenton on 5/28/15. (cds, ) (Entered: 05/28/2015)
2015-05-28
1
Order
2015-05-28
1
No Actions
MOTION for Leave to Appear Pro Hac Vice by MINDRAY DS USA, INC., MINDRAY MEDICAL INTERNATIONAL LTD., SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD. (Attachments: # 1 Certification of Anne B. Sekel, # 2 Declaration of Jose L. Patino, # 3 Text of Proposed Order, # 4 Certificate of Service)(SEKEL, ANNE) (Entered: 06/01/2015)
2015-06-01
1
MOTION for Leave to Appear Pro Hac Vice by MINDRAY DS USA, INC., MINDRAY MEDICAL INTERNATIONAL LTD., SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD. (Attachments: # 1 Certification of Anne B. Sekel, # 2 Declaration of Nicola A. Pisano, # 3 Text of Proposed Order, # 4 Certificate of Service)(SEKEL, ANNE) (Entered: 06/01/2015)
2015-06-01
1
Set/Reset Motion and R&R Deadlines/Hearings
2015-06-02
1
No Actions
Set/Reset Deadlines as to 38 MOTION for Leave to Appear Pro Hac Vice, 39 MOTION for Leave to Appear Pro Hac Vice . Motion set for 7/6/2015 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (anr)
2015-06-02
1
No Actions
Letter from Michael R. Yellin, Esq. re 37 Order,,. (YELLIN, MICHAEL) (Entered: 06/03/2015)
2015-06-03
1
TEXT ORDER re 40 Letter; The oral argument is being RE-SCHEDULED to 7/1/15 at 11:00 a.m. before Hon. Susan D. Wigenton, Courtroom 5C, in Newark. Appearances required.. So Ordered by Judge Susan D. Wigenton on 6/4/15. (cds, ) (Entered: 06/04/2015)
2015-06-04
1
ORDER granting 38 Motion for Leave to Appear Pro Hac Vice as to Jose L. Patino. Signed by Magistrate Judge Steven C. Mannion on 6/3/2015. (anr) (Entered: 06/05/2015)
2015-06-04
1
ORDER granting 39 Motion for Leave to Appear Pro Hac Vice as to Nicola A. Pisano. Signed by Magistrate Judge Steven C. Mannion on 6/3/2015. (anr) (Entered: 06/05/2015)
2015-06-04
1
Order
2015-06-04
1
No Actions
Pro Hac Vice Fee Received
2015-06-11
1
No Actions
Pro Hac Vice fee: $ 300, receipt number NEW026339 RE: Jose L. Patino & Nicola Pisano. (sr, )
2015-06-11
1
No Actions
Minute Entry for proceedings held before Judge Susan D. Wigenton: Motion Hearing held on 7/1/2015 re 6 MOTION to Dismiss Masimo Corporation's Complaint filed by MINDRAY MEDICAL INTERNATIONAL LTD., 5 MOTION to Dismiss Masimo Corporation's Complaint filed by MINDRAY DS USA, INC., 19 MOTION to Remand filed by MASIMO CORPORATION, 24 Cross MOTION to Dismiss and Opposition to Motion to Dismiss filed by MASIMO CORPORATION, 7 MOTION to Dismiss Masimo Corporation's Complaint filed by SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD. (Court Reporter/Recorder Carmen Liloia.) (cds, ) (Entered: 07/01/2015)
2015-07-01
1
Transcript of Proceedings held on July 1, 2015, before Judge SUSAN D. WIGENTON. Court Reporter/Transcriber Carmen Liloia (973-477-9704). MOTION HEARING. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 7/27/2015. Redacted Transcript Deadline set for 8/6/2015. Release of Transcript Restriction set for 10/5/2015. (ek) (Entered: 07/06/2015)
2015-07-06
1
OPINION. Signed by Judge Susan D. Wigenton on 9/1/2015. (anr)
2015-09-01
1
ORDER that Plaintiff's Motion to Remand 19 is GRANTED IN PART. Plaintiff's state law claims, Defendants' antitrust counterclaims, and Plaintiff's antitrust counterclaims will be remanded to state court. Defendants' patent counterclaims as well as Plaintiff's patent counter-claims are hereby severed and stayed pursuant to Rule 42(b) pending the resolution of a related matter in the United States District Court for the Central District of California. As a result, this matter will be ADMINISTRATIVELY TERMINATED with the right to reopen upon the conclusion of the California Action; Defendants' motion to dismiss 5 6 7 and Plaintiff's cross-motion to dismiss 24 are DISMISSED AS MOOT. Signed by Judge Susan D. Wigenton on 9/1/2015. (anr) (Entered: 09/01/2015)
2015-09-01
1
Transmittal Letter for remanded case to Bergen County Justice Center10 Main StreetHackensack, NJ 07601 State No: BER-L9601-13. Mailed certified copy of the Order remanding case. (anr) (Entered: 09/01/2015)
2015-09-01
1
***Civil Case Administratively Terminated. (anr)
2015-09-01
1
No Actions
NOTICE OF APPEAL to Federal Circuit by MINDRAY DS USA, INC.. Filing fee $ 505, receipt number 0312-6641027. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Certificate of Service)(SEKEL, ANNE) (Entered: 09/15/2015)
2015-09-15
1
Transmittal Letter to the Federal Circuit, re 49 Notice of Appeal (Federal Circuit),. (db, ) (Entered: 09/18/2015)
2015-09-18
1
NOTICE of Appearance by DENNIS CECIL HOPKINS on behalf of MINDRAY DS USA, INC., MINDRAY MEDICAL INTERNATIONAL LTD., SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD (HOPKINS, DENNIS) (Entered: 11/20/2015)
2015-11-20
1
APPLICATION/PETITION for Consent Order Admitting Jonathan M. James as Counsel Pro Hac Vice for by MINDRAY DS USA, INC., MINDRAY MEDICAL INTERNATIONAL LTD., SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD. (Attachments: # 1 Consent Order, # 2 Declaration of Dennis Hopkins, # 3 Declaration of Jonathan M. James)(HOPKINS, DENNIS) (Entered: 11/20/2015)
2015-11-20
1
Letter from Plaintiff and Defendants' Counsel to the Hon. Susan D. Wigenton. (HOPKINS, DENNIS) (Entered: 11/24/2015)
2015-11-24
1
CONSENT ORDER admitting Jonathan M. James as Counsel Pro Hac Vice. Signed by Magistrate Judge Steven C. Mannion on 11/24/2015. (anr) (Entered: 11/25/2015)
2015-11-25
1
Notice of Request by Pro Hac Vice Jonathan M. James to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-6781150.) (HOPKINS, DENNIS) (Entered: 11/25/2015)
2015-11-25
1
Pro Hac Vice counsel, JONATHAN M. JAMES, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (anr)
2015-11-25
1
No Actions
ORDER OF DISMISSAL - This action is hereby dismissed without prejudice and without costs, subject to the right of the parties upon good cause shown within 60 days, to reopen the action if the settlement is not consummated.. Signed by Judge Susan D. Wigenton on 11/30/2015. (anr) (Entered: 11/30/2015)
2015-11-30
1
ORDER of USCA dismissing Appeal, Re: 49 Notice of Appeal (Federal Circuit), filed by MINDRAY DS USA, INC. (Finance notified) (db, ) (Entered: 12/08/2015)
2015-12-03
1
Letter from Dennis Hopkins to the Hon. Susan D. Wigenton Enclosing a Proposed Order. (Attachments: # 1 Text of Proposed Order)(HOPKINS, DENNIS) (Entered: 01/05/2016)
2016-01-05
1
ORDER OF DISMISSAL - All claims and counterclaims in this action are hereby dismissed with prejudice, with each party to bear its own fees, costs and expenses. Signed by Judge Susan D. Wigenton on 1/11/206. (anr) (Entered: 01/11/2016)
2016-01-11
1