Medisim LTD v. Bestmed, LLC
1:10-cv-02463
Overview
Case Number
1:10-cv-02463
Filing Date
2010-03-17
Status
Terminated
Termination Date
2013-05-21
Court
District Court, S.D. New York (nysd)
Presiding Judge
Shira A. Scheindlin
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:271 Patent Infringement
Jury Demand
Both
Parties
Counter Claimant
Counter Defendant
Court & Judges
Court
District Court, S.D. New York (nysd)
Presiding Judge
Shira A. Scheindlin
Docket Entries
COMPLAINT against Bestmed, LLC. (Filing Fee $ 350.00, Receipt Number 898182)Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(ama)
2010-03-17
1
COMPLAINT against Bestmed, LLC. (Filing Fee $ 350.00, Receipt Number 898182)Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(ama)
2010-03-17
2
COMPLAINT against Bestmed, LLC. (Filing Fee $ 350.00, Receipt Number 898182)Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(ama)
2010-03-17
2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Medisim LTD.(ama)
2010-03-17
1
SUMMONS ISSUED as to Bestmed, LLC. (ama)
2010-03-17
1
No Actions
Magistrate Judge Ronald L. Ellis is so designated. (ama)
2010-03-17
1
No Actions
Case Designated ECF. (ama)
2010-03-17
1
No Actions
Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (ama)
2010-03-17
1
No Actions
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/26/2010 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. SO ORDERED (Signed by Judge Shira A. Scheindlin on 3/26/2010) (jmi)
2010-03-29
1
***DELETED DOCUMENT. Deleted document number 4 Pro Hac Vice Motion of Talivaldis Cepuritis. The document was deleted from this case pursuant to chambers request. (ad)
2010-04-12
1
No Actions
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Talivaldis Cepuritis for Bestmed, LLC admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 4/15/10) (cd)
2010-04-19
1
ORDER: Initial Conference rescheduled for 5/18/2010 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 4/16/2010) (jar)
2010-04-19
1
CASHIERS OFFICE REMARK on Note Regarding Deleted Document in the amount of $25.00, paid on 04/12/2010, Receipt Number 899929. (jd)
2010-04-20
1
No Actions
SCHEDULING ORDER: Fact Discovery due by 1/28/2011, as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 5/18/2010) (jpo)
2010-05-19
1
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Shira A. Scheindlin on 5/18/2010) (jpo)
2010-05-19
1
NOTICE OF APPEARANCE by Nicholas Lazaros Coch on behalf of Bestmed, LLC (Coch, Nicholas)
2010-05-25
1
MOTION to Change Venue. Document filed by Bestmed, LLC.(Coch, Nicholas)
2010-05-25
1
DECLARATION of Stanley D. Cohen in Support re: [9] MOTION to Change Venue.. Document filed by Bestmed, LLC. (Coch, Nicholas)
2010-05-25
1
MEMORANDUM OF LAW in Support re: [9] MOTION to Change Venue.. Document filed by Bestmed, LLC. (Coch, Nicholas)
2010-05-25
1
MEMORANDUM OF LAW in Opposition re: [9] MOTION to Change Venue.. Document filed by Medisim LTD. (Brown, Richard)
2010-06-11
1
DECLARATION of Moshe Yarden in Opposition re: [9] MOTION to Change Venue.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brown, Richard)
2010-06-11
1
DECLARATION of John Wilson in Opposition re: [9] MOTION to Change Venue.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brown, Richard)
2010-06-11
1
SETTLEMENT CONFERENCE ORDER: This action has been referred to Magistrate Judge Ronald L. Ellis for settlement. A conference will be held in this case by the Judge on July 22, 2010 at 11:00 a.m. in Courtroom 18D, 500 pear street. (Signed by Magistrate Judge Ronald L. Ellis on 6/14/2010) (jfe)
2010-06-14
1
DECLARATION of Stanley D. Cohen in Support re: [9] MOTION to Change Venue.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit I, # (2) Exhibit II)(Coch, Nicholas)
2010-06-21
1
REPLY MEMORANDUM OF LAW in Support re: [9] MOTION to Change Venue.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit I)(Coch, Nicholas)
2010-06-21
1
OPINION & ORDER #99163 denying re: [9] MOTION to Change Venue, filed by Bestmed, LLC. The Clerk of Court is directed to close this motion (document #9). A conference is scheduled for 7/20 at 4:30 pm. (Signed by Judge Shira A. Scheindlin on 7/7/10) (cd) Modified on 7/9/2010 (ajc).
2010-07-07
1
Set Deadlines/Hearings: Conference set for 7/20/2010 at 04:30 PM before Judge Shira A. Scheindlin. (cd)
2010-07-07
1
No Actions
ENDORSED LETTER addressed to Magistrate Judge Ronald L Ellis from Richard Brown dated 7/9/10 re: Request that the settlement conference set for 7/22/10 be adjourned. ENDORSEMENT: Conference adjourned to 10/12/10, at 11:00 am. ( Settlement Conference reset for 10/12/2010 at 11:00 AM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 7/13/10) (cd)
2010-07-13
1
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bestmed, LLC.(Coch, Nicholas)
2010-07-13
1
FILING ERROR - DEFICIENT DOCKET ENTRY - (MISSING EXHIBITS, SEE DOCUMENT #22) - ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Medisim LTD. Document filed by Bestmed, LLC.(Coch, Nicholas) Modified on 7/15/2010 (lb).
2010-07-13
1
ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Medisim LTD. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit I A and B, # (2) Exhibit II)(Coch, Nicholas)
2010-07-14
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard H. Brown dated 7/14/10 re: counsel for plainitff writes that this letter follows up on a telephone call between my office and a member of the Court's staff about the recently-scheduled July 20, 2010 conference, which we understand was intended as a status conference. We respectfully request that it be cancelled. ENDORSEMENT: July 20, 2010 is hereby cancelled. (Signed by Judge Shira A. Scheindlin on 7/14/10) (pl) Modified on 7/14/2010 (pl).
2010-07-14
1
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bestmed, LLC. ***Accepted for filing by the Chambers of Shira A. Scheindlin.(mro)
2010-07-16
1
ANSWER to Counterclaim. Document filed by Medisim LTD.(McWha, Keith)
2010-08-03
1
STIPULATION AND ORDER REGARDING MODIFICATION TO MAY 19, 2010 SCHEDULING ORDER: It is hereby stipulated and agreed by and between the parties that the May 19, 2010 Scheduling Order be modified so that the deadline for substantial completion of document production by each party is November 15, 2010.ENDORSEMENT: It is hereby ordered that the May 19, 2010 Scheduling Order is hereby modified so that the deadline for substantial completion of document of production by each party is November 15, 2010. This is the only modification to the current scheduling order. (Signed by Judge Shira A. Scheindlin on 8/10/2010) (jpo)
2010-08-10
1
Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 10/12/2010. Court schedule a telephone conference for 10/18/10 at noon to continue settlement talks. (mro)
2010-10-12
1
No Actions
ORDER FOR ADMISSION PRO HAC VICE. Attorney Joseph M. Kuo is admitted Pro Hac Vice as counsel for BestMed, LLC. (Signed by Judge Shira A. Scheindlin on 10/29/2010) (lnl)
2010-10-29
1
ORDER FOR ADMISSION PRO HAC VICE. Attorney Anita M. Cepuritis is admitted Pro Hac Vice as counsel for BestMed, LLC. (Signed by Judge Shira A. Scheindlin on 10/29/2010) (lnl)
2010-10-29
1
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered (Signed by Judge Shira A. Scheindlin on 11/24/2010) (js)
2010-11-29
1
CASHIERS OFFICE REMARK on 28 Order Admitting Attorney Pro Hac Vice, 27 Order Admitting Attorney Pro Hac Vice in the amount of $50.00, paid on 11/03/2010, Receipt Number 920301. (jd)
2010-12-09
1
No Actions
ORDER REGARDING MODICATION OF MAY 19, 2010 SCHEDULING ORDER, that the deadline for completing fact discovery in the Scheduling Order is hereby extended to February 28, 2011, BestMed shall review the hard drive sent to Medisim's counsel for documentsresponsive to Medisim's document requests (subject to the parties' subsequent agreements on what BestMed would produce), and provide such material to Medisim's counsel no later than January 31, 2011. (Signed by Judge Shira A. Scheindlin on 1/14/11) (pl)
2011-01-14
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard H. Brown, dated 2/25/2011, re: With permission of the Court, Medisim seeks to extend the time for submitting opening claim construction papers to March 4, 2011 from the currently scheduled March 1, 2011. Medisim has conferred with BestMed about this request and BestMed has no objection. ENDORSEMENT: Request granted. Opening claim construction papers must be submitted by MARCH 4, 2011. No further extensions will be granted and the parties are directed NOT TO REQUEST any further extensions. So Ordered. (Signed by Judge Shira A. Scheindlin on 2/25/2011) (lnl)
2011-02-28
1
DECLARATION of KEITH MCWHA re: [31] Endorsed Letter,, [6] Order, Set Deadlines/Hearings. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A)(McWha, Keith)
2011-03-04
1
MEMORANDUM OF LAW re: [31] Endorsed Letter,, [6] Order, Set Deadlines/Hearings Plaintiffs Opening Claim Construction Brief. Document filed by Medisim LTD. (McWha, Keith)
2011-03-04
1
MEMORANDUM OF LAW Defendant's Opening Claim Construction Brief. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Errata 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12)(Kuo, Joseph)
2011-03-04
1
RESPONSE re: [34] Memorandum of Law, Defendant's Responsive Claim Construction Brief. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit 13, # (3) Exhibit 14, # (4) Exhibit 15)(Kuo, Joseph)
2011-03-21
1
OPPOSITION BRIEF re: [34] Memorandum of Law,. Document filed by Medisim LTD. (Attachments: # (1) Declaration of Richard H. Brown, w/Exs. A-C, # (2) Exs. D-G)(Brown, Richard)
2011-03-21
1
ORDER: Defendant's verbal motion to file an amended answer and counterclaim is granted. The Clerk of the Court is directed to accept defendant's amended answer for filing. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/5/2011) (lnl)
2011-04-06
1
AMENDED ANSWER to [1] Complaint with JURY DEMAND., COUNTERCLAIM against Medisim LTD. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit IA,IB,IC - Images of Medisim's Current Products, # (2) Exhibit II - US Patent No. 6,280,397)(Kuo, Joseph)
2011-04-07
1
REPLY re: [38] Amended Answer to Complaints, Counterclaim,,. Document filed by Medisim LTD. (Brown, Richard)
2011-05-02
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard H. Brown dated 5/10/2011 re: Requesting that the conference currently scheduled for 5/17/2011 be rescheduled for a time during the week of May 23, 2011. ENDORSEMENT: Request to adjourn the conference call is granted and rescheduled to May 23, 2011 at 4:00 pm. (Signed by Judge Shira A. Scheindlin on 5/11/2011) (jpo)
2011-05-11
1
TRANSCRIPT of Proceedings re: hearing held on 4/28/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2011. Redacted Transcript Deadline set for 6/27/2011. Release of Transcript Restriction set for 8/25/2011.(McGuirk, Kelly)
2011-05-23
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 4/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2011-05-23
1
TRANSCRIPT of Proceedings re: argument held on 4/28/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011.(McGuirk, Kelly)
2011-06-23
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 4/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2011-06-23
1
OPINION AND ORDER: #100516 For the aforementioned reasons I construe the disputed terms within claim 1 as follows: "Probe" means "portion of thermometer including a membrane and one or more temperature sensors that touches the exterior skin." "Membrane" means "a layer or sheet of material." "One or more temperature sensors" means "one or more thermistor or resistance temperature defectors (RTDs), or any form of thermistor, temperature sensor, or thermocouple." "Configured to receive a plurality of temperature readings from the one or more temperature sensors" means "configured to receive temperature readings, at least one of which comes from the external body surface, from one or more temperature sensors." "Time-dependent parameters of temperature change," means "multiple values of temperature change that vary with time and that are taken at different times." "To calculate" as "using a computation to estimate, approximate, predict or determine." "Core body temperature" as "the temperature of blood in the pulmonary artery." In claim 21, the user is "applying a probe... to an external surface," while the processing unit is "receiving a plurality of temperature readings"; "determining time-dependent parameters of temperature change"; "calculating a deep tissue temperature" and "calculating a core body temperature." (Signed by Judge Shira A. Scheindlin on 7/7/11) (rjm) Modified on 7/12/2011 (jab).
2011-07-08
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/11/2011. (lmb)
2011-07-11
1
No Actions
ORDER. Defendant's motion to file a second amended answer, affirmative defenses, and counterclaims is granted. The Clerk of the Court is directed to accept defendant's amended answer for filing. (Signed by Judge Shira A. Scheindlin on 7/12/11) (djc)
2011-07-12
1
AMENDED ANSWER to [1] Complaint with JURY DEMAND., COUNTERCLAIM against Medisim LTD. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1A-1C, # (2) Exhibit 2)(Kuo, Joseph)
2011-07-13
1
SCHEDULING ORDER:Expert reports on issues on which a party bears the burden of proof shall be served no later than August 26, 2011 ;2.Rebuttal reports to the reports submitted under the foregoing paragraph shall be served no later than September 26, 2011; Deposition due by 11/21/2011. Status Conference set for 10/6/2011 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/14/2011) (js) (js).
2011-07-14
1
REPLY re: [47] Amended Answer to Complaints, Counterclaim. Document filed by Medisim LTD. (Brown, Richard)
2011-08-03
1
TRANSCRIPT of Proceedings re: Conference held on 7/11/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/17/2011.(McGuirk, Kelly)
2011-08-15
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/11/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2011-08-15
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard H. Brown dated 8/24/2011 re: This letter follows upon my call to Your Honor's law clerk this morning requesting a short extension on the deadlines for serving expert reports. ENDORSEMENT: Request granted. Initial expert reports are now due on Sept. 2, 2011 and reply reports are due on Oct. 3, 2011. The Oct. 6, 2011 conference will be held as scheduled. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/24/2011) (laq)
2011-08-25
1
Minute Order Proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/6/2011. (cd)
2011-10-06
1
No Actions
TRANSCRIPT of Proceedings re: Conference held on 10/6/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/28/2012.(McGuirk, Kelly)
2011-10-27
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/6/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2011-10-27
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 11/3/2011. (lmb)
2011-11-03
1
No Actions
MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan. Document filed by Bestmed, LLC. Responses due by 12/20/2011 Return Date set for 1/6/2012 at 09:00 AM.(Kuo, Joseph)
2011-11-23
1
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
1
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (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)(Kuo, Joseph)
2011-11-23
2
DECLARATION of Dr. Thomas Maronick in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Kuo, Joseph)
2011-11-23
1
DECLARATION of Jack Goldberg in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2011-11-23
1
MOTION to Strike Proposed Expert Jack Goldberg. Document filed by Medisim LTD.(Brown, Richard)
2011-11-23
1
MEMORANDUM OF LAW in Support re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Medisim LTD. (Brown, Richard)
2011-11-23
1
DECLARATION of Richard H. Brown in Support re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I-Q)(Brown, Richard)
2011-11-23
1
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
1
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
MEMORANDUM OF LAW in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index to Exhibits, # (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)(Kuo, Joseph)
2011-12-20
2
DECLARATION of Jack Goldberg in Opposition re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit A)(Kuo, Joseph)
2011-12-20
1
MEMORANDUM OF LAW in Opposition re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Medisim LTD. (Brown, Richard)
2011-12-20
1
DECLARATION of Richard H. Brown in Opposition re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Medisim LTD. (Brown, Richard)
2011-12-20
1
DECLARATION of David Lipson in Opposition re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Medisim LTD. (Brown, Richard)
2011-12-20
1
DECLARATION of Warren Keegan in Opposition re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Medisim LTD. (Brown, Richard)
2011-12-20
1
TRANSCRIPT of Proceedings re: Conference held on 11/3/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/23/2012. Redacted Transcript Deadline set for 2/2/2012. Release of Transcript Restriction set for 4/2/2012.(McGuirk, Kelly)
2011-12-29
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/3/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2011-12-29
1
TRANSCRIPT of Proceedings re: Confernce held on 7/11/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012.(McGuirk, Kelly)
2012-01-06
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/11/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2012-01-06
1
REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Kuo, Joseph)
2012-01-06
1
REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Kuo, Joseph)
2012-01-06
2
REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Kuo, Joseph)
2012-01-06
2
REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Kuo, Joseph)
2012-01-06
2
REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Strike Document No. [00] Portions of Plaintiff's Experts, Lipson and Keegan.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Kuo, Joseph)
2012-01-06
2
REPLY MEMORANDUM OF LAW in Support re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Medisim LTD. (Brown, Richard)
2012-01-06
1
DECLARATION of Richard H. Brown (2d Supp. Decl.) in Support re: [59] MOTION to Strike Proposed Expert Jack Goldberg.. Document filed by Medisim LTD. (Brown, Richard)
2012-01-06
1
MEMORANDUM AND OPINION; #101536 While both of the flaws noted above are quite serious, neither of them would justify excluding Keegans report if taken separately. Nonetheless, because each flaw goes to a fundamental element of the survey rather than an issue on the periphery, their combined impact is too significant to overlook under Daubert andRule 702. Accordingly, the Keegan report is excluded in its entirety. For the reasons given above, both motions are granted in part and denied in part as follows: 1. Goldbergs inequitable conduct opinions are stricken, along with those portions of his anticipation analysis discussed above; 2. Lipsons opinion that the KD-2201 meets the deep tissue temperature limitation of the 668 Patent is stricken; 3. The Keegan Report is excluded in its entirety. The Clerk of the Court is directed to close these motions (Docket Nos. 55 and 59). (Signed by Judge Shira A. Scheindlin on 3/6/2012) (pl) Modified on 3/6/2012 (pl). Modified on 3/14/2012 (jab).
2012-03-06
1
MOTION for Reconsideration re; [75] Memorandum & Opinion,,,. Document filed by Medisim LTD.(Brown, Richard)
2012-03-20
1
MEMORANDUM OF LAW in Support re: [76] MOTION for Reconsideration re; [75] Memorandum & Opinion,,,.. Document filed by Medisim LTD. (Brown, Richard)
2012-03-20
1
ORDER FOR ADMISSION PRO HAC VICE: It is hereby ordered that Brian Raymond Michalek has been admitted pro hac vice. So Ordered (Signed by Judge Shira A. Scheindlin on 3/21/2012) (js)
2012-03-22
1
ORDER FOR ADMISSION PRO HAC VICE: It is hereby ordered that Attorney Brian Raymond Michalek (Signed by Judge Shira A. Scheindlin on 3/21/2012) (js)
2012-03-23
1
MEMORANDUM OF LAW in Opposition re: [76] MOTION for Reconsideration re; [75] Memorandum & Opinion,,,.. Document filed by Bestmed, LLC. (Cepuritis, Talivaldis)
2012-03-26
1
MEMORANDUM OPINION AND ORDER re: #101730 [76] MOTION for Reconsideration re; [75] Memorandum & Opinion filed by Medisim LTD. For the reasons noted above, BestMed's motion to reconsider is granted in part and denied in part as follows: 1) Lipson may testify that the KD-2201 meets the "deep tissue temperature" limitation of the '668 Patent based on his understanding of the Reconsideration Materials; 2) The Keegan Survey remains excluded in its entirety. The Clerk of the Court is directed to close this motion (Docket No. 76). (Signed by Judge Shira A. Scheindlin on 4/23/2012) (mro) Modified on 5/2/2012 (jab).
2012-04-23
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Talivaldis Cepuritis dated 5/1/2012 re: Pursuant to the Court's direction at the November 3, 2011 Hearing, BestMed hereby requests a hearing to discuss a Summary Judgment briefing schedule at the Court's convenience. ENDORSEMENT: A pre-motion conference is scheduled for June 14, 2012 at 4:30 p.m. (Signed by Judge Shira A. Scheindlin on 5/4/2012) (djc)
2012-05-04
1
NOTICE of Substitution of Attorney. Old Attorney: Day Pitney LLP, New Attorney: McCarter & English LLP, Address: McCarter & English LLP, Four Gateway Center, 100 Mulberry Street, Newark, New Jersey, US 07102, (973) 622-4444. Document filed by Medisim LTD. (McWha, Keith)
2012-06-11
1
WITHDRAWAL AND SUBSTITUTION OF COUNSEL: The undersigned hereby stipulated and agreed to the substitution of McCarter & English, LLP in place of Day Pitney, LLP as attorneys for Plaintiff Medisim Ltd in this matter pursuant to Local Civil Rule 1.4. Attorneys listed for Day Pitney, LLP for this matter hereby withdraw. Medisim Ltd, Plaintiff, has asked Day Pitney, LLP, former firm, to cease their representation and to transfer all files to McCarter & English, LLP, and that McCarter & English LLP be substituted as counsel for the Plaintiff. Counsel for Plaintiff, Gerald Levy and Keith Mc Wha, have recently left the law firm of Day Pitney, LLP and have joined the law firm of McCarter & English, LLP. There is no trial date set for the above matter. No significant delay in these proceedings will occur as a result of this substitution of Counsel. PLEASE TAKE NOTICE that all pleadings, notices of hearings, and other filings in this matter be served upon the undersigned incoming counsel at the address set forth below. (Signed by Judge Shira A. Scheindlin on 6/11/2012) (jfe)
2012-06-12
1
MOTION for Scott S. Christie to Appear Pro Hac Vice. Document filed by Medisim LTD.(pgu)
2012-06-13
1
ORDER FOR ADMISSION PRO HAC VICE granting [85] Motion for Scott S. Christie to Appear Pro Hac Vice. (Signed by Judge Leonard B. Sand on 6/18/2012) (djc)
2012-06-20
1
CASHIERS OFFICE REMARK on 85 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/13/2012, Receipt Number 1040961. (jd)
2012-06-20
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 6/29/2012. (pl)
2012-06-29
1
No Actions
CASHIERS OFFICE REMARK on 79 Order Admitting Attorney Pro Hac Vice in the amount of $200.00, paid on 06/29/2012, Receipt Number 1042336. (jd)
2012-07-06
1
No Actions
NOTICE OF CHANGE OF ADDRESS by Keith McWha on behalf of Medisim LTD. New Address: McCarter & English, LLP, Four Gateway Center, 100 Mulberry Street, Newark, NJ, USA 07102, (973) 849-4160. (McWha, Keith)
2012-07-12
1
ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Scott S. Christie dated 7/17/2012 re: We represent Plaintiff Medisim LTD ("Medisim") in the above captioned case and write in response to Chambers' inquiry regarding available dates for mediation before the Court. ENDORSEMENT: Conference set for August 7, 2012 at 11:00 AM., ( Status Conference set for 8/7/2012 at 11:00 AM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 7/18/2012) (lmb)
2012-07-18
1
Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 8/7/2012. No Settlement reached. (djc)
2012-08-07
1
No Actions
MOTION for Summary Judgment of No Inequitable Conduct. Document filed by Medisim LTD.(McWha, Keith)
2012-08-10
1
MEMORANDUM OF LAW in Support re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Medisim LTD. (McWha, Keith)
2012-08-10
1
DECLARATION of Moshe Yarden in Support re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Medisim LTD. (McWha, Keith)
2012-08-10
1
AFFIRMATION of Keith J. McWha in Support re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Medisim LTD. (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)(McWha, Keith)
2012-08-10
1
RULE 56.1 STATEMENT. Document filed by Medisim LTD. (McWha, Keith)
2012-08-10
1
MOTION for Summary Judgment. Document filed by Bestmed, LLC.(Kuo, Joseph)
2012-08-10
1
MEMORANDUM OF LAW in Support re: [94] MOTION for Summary Judgment.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2012-08-10
1
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Rule 56.1 Statement re: [94] MOTION for Summary Judgment.. Document filed by Bestmed, LLC. (Kuo, Joseph) Modified on 8/13/2012 (ldi).
2012-08-10
1
DECLARATION of Brian R. Michalek in Support re: [94] MOTION for Summary Judgment.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit A - Court Hrg. Transcript Excerpts, # (2) Exhibit B - Christie Letters, # (3) Exhibit C - Carter Report Excerpts (Conf.), # (4) Exhibit D - Yarden Dep. Transcript Excerpt, # (5) Exhibit E - Goldberg Report Excerpt, # (6) Exhibit F - Lipson Report Excerpts (Conf.), # (7) Exhibit G - Lipson Rebuttal Report Excerpts (Conf.), # (8) Exhibit H - '397 Patent Excerpt and '668 Patent, # (9) Exhibit I - Medisim's Suppl. Interrog. Resp. Excerpt (Conf.), # (10) Exhibit J - U.S. Copyright Office Search Result, # (11) Exhibit K - Publication Excerpts, # (12) Exhibit L - '668 Patent Prosecution History Excerpts, # (13) Exhibit M - Prod. Doc. (Conf.), # (14) Exhibit N - Hsu Dep. Transcript Excerpts (Conf.), # (15) Exhibit O - US Patents 5,632,555, 6,146,015 and 6,270,252)(Kuo, Joseph)
2012-08-10
1
DECLARATION of Carl E. Jennison in Support re: [94] MOTION for Summary Judgment.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2012-08-10
1
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Joseph M. Kuo to RE-FILE Document 96 Notice (Other). Use the event type Rule 56.1 Statement found under the event list Other Answers. (ldi)
2012-08-10
1
No Actions
RULE 56.1 STATEMENT. Document filed by Bestmed, LLC. (Kuo, Joseph)
2012-08-13
1
MEMORANDUM OF LAW in Opposition re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2012-09-12
1
COUNTER STATEMENT TO [93] Rule 56.1 Statement. Document filed by Bestmed, LLC. (Kuo, Joseph)
2012-09-12
1
DECLARATION of Jack Goldberg in Opposition re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit A - Goldberg Report Excerpts (Conf.))(Kuo, Joseph)
2012-09-12
1
DECLARATION of Stanley Cohen in Opposition re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit B - Photos)(Kuo, Joseph)
2012-09-12
1
DECLARATION of Brian Michalek in Opposition re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1 - '668 Patent File History Excerpts, # (2) Exhibit 2 - '668 Patent File History Excerpts, # (3) Exhibit 3 - Prod. Doc. (Conf.), # (4) Exhibit 4 - Yarden Dep. Transcript Excerpts (Conf.), # (5) Exhibit 5 - Cohen Dep. Transcript Excerpts (Conf.), # (6) Exhibit 6 - Edmonds Dep. Transcript Excerpts (Conf.), # (7) Exhibit 7 - Prod. Doc. (Conf.), # (8) Exhibit 8 - 11/3/2011 Court Hrg. Transcript Excerpt, # (9) Exhibit 9 - Doc. re USPTO Procedure, # (10) Exhibit 10 - Excerpts of Various US Patents, # (11) Exhibit 11 - Medisim RfA Resp. Excerpts (Conf.), # (12) Exhibit 12 - '668 Patent File History Excerpt, # (13) Exhibit 13 - Medisim Provisional Appl. 60/572,651 Excerpts)(Kuo, Joseph)
2012-09-12
1
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Keith J. McWha in Opposition re: [94] MOTION for Summary Judgment.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A (Part 1 of 2), # (2) Exhibit A (Part 2 of 2), # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit R, # (20) Exhibit S, # (21) Exhibit T, # (22) Exhibit U, # (23) Exhibit V, # (24) Exhibit W)(McWha, Keith) Modified on 9/13/2012 (db).
2012-09-12
1
AFFIRMATION of Keith J. McWha (Corrected) in Opposition re: [94] MOTION for Summary Judgment.. Document filed by Medisim LTD. (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, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W)(McWha, Keith)
2012-09-13
1
COUNTER STATEMENT TO [99] Rule 56.1 Statement., RULE 56.1 STATEMENT. Document filed by Medisim LTD. (McWha, Keith)
2012-09-13
1
MEMORANDUM OF LAW in Opposition re: [94] MOTION for Summary Judgment.. Document filed by Medisim LTD. (McWha, Keith)
2012-09-13
1
TRANSCRIPT of Proceedings re: ARGUMENT held on 6/29/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.(McGuirk, Kelly)
2012-09-14
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/29/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2012-09-14
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Keith J. McWha dated 9/13/2012 re: We represent Plaintiff Medisim LTD ("Medisim") in this action. We write pursuant to Chambers' instructions and respectfully request that the Court permanently seal: (1) the Affirmation of Keith J. McWha [D.E. 105] (including all exhibits thereto): (2) Medisim's Responsive Rule 56.1 Statement [D.E. 107]; and (3) Medisim's Opposition Brief [D.E. 108], all of which were filed in support of Medisim's Opposition to BestMed, LLC's ("BestMed") Motion for Summary Judgment (the "Confidential Materials"), as these materials disclose the confidential and proprietary information of the parties and a third party, K-Jump. ENDORSEMENT: SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/19/2012) (djc) Modified on 9/20/2012 (djc).
2012-09-19
1
COUNTER STATEMENT TO [99] Rule 56.1 Statement. Document filed by Medisim LTD. (McWha, Keith)
2012-09-19
1
MEMORANDUM OF LAW in Opposition re: [94] MOTION for Summary Judgment.. Document filed by Medisim LTD. (McWha, Keith)
2012-09-19
1
Transmission to Sealed Records Clerk. Transmitted re: 111 Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. (djc) Modified on 9/20/2012 (djc).
2012-09-19
1
No Actions
REPLY AFFIRMATION of Keith J. McWha in Support re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit I, # (2) Exhibit J, # (3) Exhibit K, # (4) Exhibit L, # (5) Exhibit M, # (6) Exhibit N, # (7) Exhibit O, # (8) Exhibit P)(McWha, Keith)
2012-09-21
1
COUNTER STATEMENT TO Document filed by Medisim LTD. (McWha, Keith)
2012-09-21
1
REPLY MEMORANDUM OF LAW in Support re: [89] MOTION for Summary Judgment of No Inequitable Conduct.. Document filed by Medisim LTD. (McWha, Keith)
2012-09-21
1
REPLY MEMORANDUM OF LAW in Support re: [94] MOTION for Summary Judgment.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2012-09-21
1
COUNTER STATEMENT TO [107] Counter Statement to Rule 56.1, Rule 56.1 Statement. Document filed by Bestmed, LLC. (Kuo, Joseph)
2012-09-21
1
DECLARATION of Brian R. Michalek in Support re: [94] MOTION for Summary Judgment.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit P - Excerpt from Goldberg Report (Conf.), # (2) Exhibit Q - Excerpt from '668 Patent File History, # (3) Exhibit R - Excerpt from Cohen Dep. (Conf.), # (4) Exhibit S - Excerpts from Goldberg Rebuttal Report (Conf.), # (5) Exhibit T - Excerpt from Hsu Dep. Transcript (Conf.))(Kuo, Joseph)
2012-09-21
1
COUNTER STATEMENT TO Document filed by Medisim LTD. (McWha, Keith)
2012-10-01
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/1/2012. (djc)
2012-10-01
1
No Actions
ORDER: As discussed at the telephone conference held in this matter on September 28, 2012, defendant BestMed LLC is granted leave to file a Surreply responsive to the initial version of "Medisim, Ltd.'s Reply to BestMed's Responsive Local Rule 56.1 Statement of Undisputed Material Facts in Support of Medisim Ltd.'s Motion for Summary Judgment of No Inequitable Conduct." (Signed by Judge Shira A. Scheindlin on 10/3/2012) (lmb)
2012-10-03
1
RESPONSE re: [115] Counter Statement to Rule 56.1. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 14 - Excerpts from Yarden Dep. (Conf.))(Kuo, Joseph)
2012-10-04
1
OPINION AND ORDER: #102631 re: [94] MOTION for Summary Judgment. filed by Bestmed, LLC, [89] MOTION for Summary Judgment of No Inequitable Conduct. filed by Medisim LTD. For the reasons set forth above, the following claims brought by Medisim are dismissed: (1) Lanham Act Unfair Competition and False Designation of Origin; (2) Lanham Act False Advertising; (3) New York False Advertising; (4) New York Deceptive Acts. BestMeds inequitable conduct claim is also dismissed. Partial summary judgment is granted with respect to Medisims copyright claim, in that Medisim is not entitled to statutory damages or attorneys fees. Summary judgment is denied with respect to the following Medisim claims: (1) New York Unfair Competition; (2) Unjust Enrichment; (3) damages during the provisional rights period; (4) the validity of the 668 Patent; and (5) patent infringement. The Clerk of the Court is directed to close these motions (Docket Nos. 89 and 94). Given the zealousness of BestMeds efforts in bringing all of these attacks despite the Courts pre-motion discussion BestMeds counsel should think long and hard before making a motion for reconsideration. The Court has now twice considered BestMeds arguments. A third consideration will be useless unless BestMed can meet the high standard required in such a motion (i.e. that the Court overlooked controlling decisions or data that might reasonably be expected to alter its conclusions). A conference is scheduled for December 3 at 4:30pm in Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 11/28/2012) (pl) Modified on 12/4/2012 (jab).
2012-11-28
1
Set/Reset Hearings: Status Conference set for 12/3/2012 at 04:30 PM before Judge Shira A. Scheindlin. (pl)
2012-11-28
1
No Actions
MOTION for Attorney Fees and Costs. Document filed by Medisim LTD.(McWha, Keith)
2012-11-30
1
MEMORANDUM OF LAW in Support re: [124] MOTION for Attorney Fees and Costs.. Document filed by Medisim LTD. (McWha, Keith)
2012-11-30
1
AFFIRMATION of Keith J. McWha in Support re: [124] MOTION for Attorney Fees and Costs.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(McWha, Keith)
2012-11-30
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 12/3/2012. (djc)
2012-12-03
1
No Actions
MEMO ENDORSEMENT denying [124] Motion for Attorney Fees. ENDORSEMENT: Motion denied. The moving party is required to participate in the Court's pre-motion conference procedures. Had the parties done so, I would have scheduled any such motion to be briefed after a trial on the merit of this action. Secondly, the motion is denied without prejudice and with leave to renew after the trial is concluded. (Signed by Judge Shira A. Scheindlin on 12/3/2012) (ago)
2012-12-05
1
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/3/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/7/2013. Redacted Transcript Deadline set for 1/17/2013. Release of Transcript Restriction set for 3/15/2013.(Rodriguez, Somari)
2012-12-12
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
2012-12-12
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 12/17/2012. (ja)
2012-12-17
1
No Actions
MOTION in Limine Seeking to Exclude Introduction of Certain Evidence. Document filed by Bestmed, LLC.(Kuo, Joseph)
2012-12-28
1
MEMORANDUM OF LAW in Support re: [130] MOTION in Limine Seeking to Exclude Introduction of Certain Evidence.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit A - Placeholder for Restricted Doc., # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E - Placeholder for C-DCO Doc.)(Kuo, Joseph)
2012-12-28
1
TRANSCRIPT of Proceedings re: ARGUMENT held on 12/17/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013.(Rodriguez, Somari)
2013-01-03
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 12/17/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
2013-01-03
1
RESPONSE in Opposition re: [130] MOTION in Limine Seeking to Exclude Introduction of Certain Evidence.. Document filed by Medisim LTD. (McWha, Keith)
2013-01-08
1
AFFIRMATION of Keith J. McWha in Opposition re: [130] MOTION in Limine Seeking to Exclude Introduction of Certain Evidence.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(McWha, Keith)
2013-01-08
1
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
1
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
JOINT FINAL TRIAL REPORT. Document filed by Bestmed, LLC, Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-01-11
2
ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Attorney Mark H. Anania for Medisim LTD admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 1/14/2013) (ja)
2013-01-15
1
REPLY MEMORANDUM OF LAW in Support re: [130] MOTION in Limine Seeking to Exclude Introduction of Certain Evidence.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit Index, # (2) Exhibit F: Placeholder for Temp. Conf. Doc., # (3) Exhibit G: Medisim Product Outline (B 57159), # (4) Exhibit H: News Release re Exergen Thermometer, # (5) Exhibit I: 12/30/2010 Letter, # (6) Exhibit J: Placeholder for C-DCO Doc., # (7) Exhibit K: Placeholder for C-DCO Doc.)(Kuo, Joseph)
2013-01-15
1
Objection re: [136] Joint Final Trial Report, Objections to Medisim's Proposed Additional Jury Charges. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1 Part 1: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (2) Exhibit 1 Part 2: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (3) Exhibit 2: 2012-12-14 Anania E-mail to JMK)(Kuo, Joseph)
2013-01-16
1
Objection re: [136] Joint Final Trial Report, Objections to Medisim's Proposed Additional Jury Charges. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1 Part 1: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (2) Exhibit 1 Part 2: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (3) Exhibit 2: 2012-12-14 Anania E-mail to JMK)(Kuo, Joseph)
2013-01-16
2
Objection re: [136] Joint Final Trial Report, Objections to Medisim's Proposed Additional Jury Charges. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1 Part 1: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (2) Exhibit 1 Part 2: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (3) Exhibit 2: 2012-12-14 Anania E-mail to JMK)(Kuo, Joseph)
2013-01-16
2
Objection re: [136] Joint Final Trial Report, Objections to Medisim's Proposed Additional Jury Charges. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1 Part 1: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (2) Exhibit 1 Part 2: BestMed's Comments on Medisim's Additional Prop. Jury Charges, # (3) Exhibit 2: 2012-12-14 Anania E-mail to JMK)(Kuo, Joseph)
2013-01-16
2
Objection re: [136] Joint Final Trial Report, Objections to Medisim's Proposed Special Verdict Form. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1: BestMed's Comments on Medisim's Prop. Special Verdict Form)(Kuo, Joseph)
2013-01-16
1
Objection re: [136] Joint Final Trial Report, Objections to Medisim's Proposed Special Verdict Form. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1: BestMed's Comments on Medisim's Prop. Special Verdict Form)(Kuo, Joseph)
2013-01-16
2
Objection re: [136] Joint Final Trial Report, Medisim's Objections to BestMed's Proposed Jury Verdict Form. Document filed by Medisim LTD. (McWha, Keith)
2013-01-16
1
Objection re: [136] Joint Final Trial Report, Medisim's Objections to BestMed's Proposed Additional Voir Dire Questions. Document filed by Medisim LTD. (McWha, Keith)
2013-01-16
1
Objection re: [136] Joint Final Trial Report, Medisim's Objections to BestMed's Proposed Jury Charges. Document filed by Medisim LTD. (Attachments: # (1) Exhibit 1)(McWha, Keith)
2013-01-16
1
Pro Hac Vice Fee Payment: Filing fee $ 200.00, receipt number 0208-8149707.(McWha, Keith)
2013-01-16
1
No Actions
NOTICE of Statement of Remaining Disputes Concerning Deposition Designations re: [136] Joint Final Trial Report,. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(McWha, Keith)
2013-01-17
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 1/18/2013. (mro)
2013-01-18
1
No Actions
NOTICE of Objection Regarding Defendant's Proposed Video Presentation. Document filed by Medisim LTD. (McWha, Keith)
2013-01-22
1
ORDER: The Court Security Officers and U.S. Marshals are hereby directed to permit defendant's counsel to bring approximately twenty boxes of computer and audiovisual equipment into the Courthouse on January 25, 2013, at approximately 10:00 a.m. Paul Matsinger and Brad Smith from Aquipt will be making the delivery in a white Aquipt Chevy Express van with PA license plate: YVR7483. Matt Simmons from FTI and Humberto Ferrer from TrialGraphix will also be present for the courtroom setup. Counsel will require access to Pearl Street for this delivery. (Signed by Judge Shira A. Scheindlin on 1/22/2013) (pl)
2013-01-22
1
ORDER: The Court Security Officers and U.S. Marshals are hereby directed to permit defendant's counsel to bring approximately twelve boxes of exhibits and other documents into the Courthouse on January 25, 2013, at approximately 10:00 a.m. Michael Rambhough of SDS Global Logistics will be making the delivery in a silver 2008 Ford E-350 van with license plate number: 83258MC. Counsel will require access to Pearl Street for this delivery. (Signed by Judge Shira A. Scheindlin on 1/23/2013) (pl)
2013-01-23
1
ORDER: The Court Security Officers and U.S. Marshals are hereby directed to permit plaintiff's counsel to bring approximately ten boxes of exhibits and other documents into the Courthouse on January 25, 20l3, at approximately 10:00 a.m. Mr. Campbell of DTI Global will be making the delivery in a blue 2006 Ford 250 Ecoline with license plate number: 90904JM. Counsel will require access to Pearl Street for this delivery. (Signed by Judge Shira A. Scheindlin on 1/23/2013) (mt)
2013-01-23
1
RESPONSE re: [145] Notice (Other) Regarding Objections to Proposed Video Presentation. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-01-23
1
ORDER PERMITTING INTERNET ACCESS: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide parties in the above action with Internet connectivity for the duration of the proceedings, set to begin on Monday, January 28, 2013. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court. The approved attorneys and parties on the case are allowed to bring in the necessary electronic computing devices to connect to the Courtroom Connect service. (Signed by Judge Shira A. Scheindlin on 1/24/2013) (djc)
2013-01-24
1
ORDER: The Court Security Officers and U.S. Marshals are hereby directed to permit plaintiffs counsel to bring approximately five boxes of laptop computers and other audiovisual equipment into the Courthouse on January 25, 2013, at approximately 10:00 a.m. Humberto Ferrer and Will Colon of TrialGraphix will be making the delivery in a white Chevy Astro van (with blue TrialGraphix logo on the side) with New York license plate number: 42019MC or 32690JS. Counsel will require access to Pearl Street for this delivery. (Signed by Judge Shira A. Scheindlin on 1/24/2013) (djc)
2013-01-24
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 1/26/2013. (mro)
2013-01-26
1
No Actions
MOTION in Limine. Document filed by Medisim LTD.(McWha, Keith)
2013-01-28
1
MEMORANDUM OF LAW in Support re: [152] MOTION in Limine.. Document filed by Medisim LTD. (McWha, Keith)
2013-01-28
1
AFFIRMATION of Keith J. McWha in Support re: [152] MOTION in Limine.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(McWha, Keith)
2013-01-28
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 1/28/2013. (mro)
2013-01-28
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial begun on 1/29/2013. (pl)
2013-01-29
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 1/30/2013. (pl)
2013-01-30
1
No Actions
ORDER: The Court Security Officers and U.S. Marshals are hereby directed to permit plaintiffs counsel to bring the General Purpose Computing Devices listed below into the Courthouse for use at trial, which is set to begin on January 29, 2013 and last until February 5, 2013: 1. Two (2) laptops with power supply; 2. One (1) external hard drive; 3. One (1) extension cord; 4. One (1) power strip; 5. Two (2) VGA cables; and 6. One (1) audio cable. Humberto Ferrer of TrialGraphix will be making the delivery in a white Chevy Astro van (with blue TrialGraphix logo on the side) with New York license plate number: 42019MC or 32690JS. Counsel will require access to Pearl Street for this delivery. (Signed by Judge Shira A. Scheindlin on 1/29/2013) (ft)
2013-01-31
1
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 1/31/2013. (pl)
2013-01-31
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 2/1/2013. (cd)
2013-02-01
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 2/4/2013. (cd)
2013-02-04
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 2/5/2013. (cd)
2013-02-05
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 2/6/2013. (cd)
2013-02-06
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 2/7/2013. (cd)
2013-02-07
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial held on 2/8/2013. (cd)
2013-02-08
1
No Actions
Minute Entry for proceedings held before Judge Shira A. Scheindlin: Jury Trial completed on 2/10/2013. (cd)
2013-02-10
1
No Actions
VACATED PURSUANT TO OPINION AND ORDER FILED 5/15/13 - JUDGMENT #13,0284 in favor of Medisim LTD against Bestmed, LLC in the amount of $ 3,490,000.00. Execution of this judgment is stayed pending disposition of post-trial motions. (Signed by Judge Shira A. Scheindlin on 2/11/13) (Attachments: # (1) Notice of Right to Appeal)(dt) Modified on 5/21/2013 (ml).
2013-02-11
1
TRANSCRIPT of Proceedings re: TRIAL held on 1/29/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/29/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 1/30/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/30/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 1/31/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/31/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 2/13/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/13/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 2/4/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/4/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 2/5/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 2/6/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/6/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 2/7/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/7/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 2/8/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/8/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
TRANSCRIPT of Proceedings re: TRIAL held on 2/10/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.(McGuirk, Kelly)
2013-02-21
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/10/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
2013-02-21
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Brian R. Michalek dated 2/28/2013 re: This Court has scheduled opening post-trial motions to be due on Monday, March 4, 2013. BestMed and Medisim write jointly to request a small increase in the page limit for each opening memorandum in support of a post-trial motion from 25 pages to 30 pages. ENDORSEMENT: The parties' request to increase the page limit for post-trial motions from 25 to 30 is granted. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/1/2013) (mt)
2013-03-01
1
MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial. Document filed by Bestmed, LLC.(Kuo, Joseph)
2013-03-04
1
MEMORANDUM OF LAW in Support re: [177] MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-03-04
1
DECLARATION of Brian R. Michalek in Support re: [177] MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit A: Excerpts from Court Trial Transcripts, # (2) Exhibit B: Selected PTX, # (3) Exhibit C: Selected DTX (1 of 5), # (4) Exhibit D: Selected DTX (2 of 5), # (5) Exhibit E: Selected DTX (3 of 5), # (6) Exhibit F: Selected DTX (4 of 5), # (7) Exhibit G: Selected DTX (5 of 5), # (8) Exhibit H: Excerpt from 1/18/2013 Court Transcript)(Kuo, Joseph)
2013-03-04
1
MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials. Document filed by Medisim LTD.(McWha, Keith)
2013-03-04
1
MEMORANDUM OF LAW in Support re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Medisim LTD. (McWha, Keith)
2013-03-04
1
AFFIDAVIT of Keith J. McWha in Support re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(McWha, Keith)
2013-03-04
1
DECLARATION of John Wilson in Support re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Medisim LTD. (McWha, Keith)
2013-03-04
1
MOTION for Post Trial Relief. Document filed by Medisim LTD.(McWha, Keith)
2013-03-04
1
MEMORANDUM OF LAW in Support re: [184] MOTION for Post Trial Relief.. Document filed by Medisim LTD. (McWha, Keith)
2013-03-04
1
AFFIRMATION of Keith J. McWha in Support re: [184] MOTION for Post Trial Relief.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(McWha, Keith)
2013-03-04
1
MOTION for a Finding of Willful Infringement and an Enhancement of Damages. Document filed by Medisim LTD.(McWha, Keith)
2013-03-04
1
MEMORANDUM OF LAW in Support re: [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages.. Document filed by Medisim LTD. (McWha, Keith)
2013-03-05
1
AFFIRMATION of Keith J. McWha in Support re: [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages.. Document filed by Medisim LTD. (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, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(McWha, Keith)
2013-03-05
1
ORDER: Medisim's March 11, 2013 letter to the Court ("Medisim Ltr.") requests that the Court strike BestMed's Federal Rule of Civil Procedure ("Rule") 50(b) motion regarding the validity of the '353 patent, on the grounds that it was not properly preserved through a pre-verdict Rule 50(a) motion. Alternatively, Medisim seeks leave to file a motion to strike on March 18, 2013, in conjunction with its opposition to BestMed's pending motion for Judgment as a Matter of Law ("JMOL"), and requests a briefing schedule in connection with this proposed motion. Accordingly, Medisim's request to strike BestMed's Rule 50(b) JMOL regarding validity is denied. However, Medisim is free to preserve this argument in its forthcoming opposition brief. (Signed by Judge Shira A. Scheindlin on 3/18/2013) (tro)
2013-03-18
1
MEMORANDUM OF LAW in Opposition re: [177] MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial.. Document filed by Medisim LTD. (McWha, Keith)
2013-03-18
1
AFFIRMATION of Keith J. McWha in Opposition re: [177] MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial.. Document filed by Medisim LTD. (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, # (12) Exhibit L)(McWha, Keith)
2013-03-18
1
MEMORANDUM OF LAW in Opposition re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-03-18
1
DECLARATION of Brian R. Michalek in Opposition re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1: Trial Transcript Pages, # (2) Exhibit 2: DTX-BO)(Kuo, Joseph)
2013-03-18
1
DECLARATION of Stanley Cohen in Opposition re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 2013-02-27 E-mail)(Kuo, Joseph)
2013-03-18
1
MEMORANDUM OF LAW in Opposition re: [184] MOTION for Post Trial Relief.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-03-18
1
DECLARATION of Brian R. Michalek in Opposition re: [184] MOTION for Post Trial Relief.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1: Trial Transcript Pages, # (2) Exhibit 2: Pages from 6/29/2012, 1/18/2013 and 1/26/2013 Court Transcripts, # (3) Exhibit 3: Selected 1/2013 and 2/2013 E-mails)(Kuo, Joseph)
2013-03-18
1
MEMORANDUM OF LAW in Opposition re: [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-03-18
1
DECLARATION of Brian R. Michalek in Opposition re: [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9)(Kuo, Joseph)
2013-03-18
1
DECLARATION of Stanley Cohen in Opposition re: [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-03-18
1
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Brian R. Michalek dated 3/28/2013 re: BestMed writes to request a small increase in the page limit for its reply memorandum from 15 pages to 18 pages. ENDORSEMENT: All briefing must come to an end. No more pages no more extensions. Reply briefs may not exceed 18 pages. So Ordered. (Signed by Judge Shira A. Scheindlin on 3/28/2013) (rsh)
2013-03-29
1
REPLY MEMORANDUM OF LAW in Support re: [177] MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial.. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-04-01
1
REPLY AFFIRMATION of Brian R. Michalek in Support re: [177] MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial.. Document filed by Bestmed, LLC. (Attachments: # (1) Exhibit I: Excerpts from Trial Transcripts, # (2) Exhibit J: DTX-TS, # (3) Exhibit K: Claim Chart, # (4) Exhibit L: Excerpt from Final Jury Charge, # (5) Exhibit M: Excerpts from DTX-PZ, DTX-QH and DTX-TK)(Kuo, Joseph)
2013-04-01
1
REPLY MEMORANDUM OF LAW in Support re: [184] MOTION for Post Trial Relief.. Document filed by Medisim LTD. (McWha, Keith)
2013-04-01
1
REPLY AFFIRMATION of Keith J. McWha in Support re: [184] MOTION for Post Trial Relief.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit F, # (2) Exhibit G)(McWha, Keith)
2013-04-01
1
REPLY MEMORANDUM OF LAW in Support re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Medisim LTD. (McWha, Keith)
2013-04-01
1
REPLY AFFIRMATION of Keith J. McWha in Support re: [180] MOTION for Permanent Injunction and an Order for Disposition of Infringing Materials.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit E, # (2) Exhibit F)(McWha, Keith)
2013-04-01
1
REPLY to Response to Motion re: [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages.. Document filed by Medisim LTD. (McWha, Keith)
2013-04-01
1
REPLY AFFIRMATION of Keith J. McWha in Support re: [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages.. Document filed by Medisim LTD. (Attachments: # (1) Exhibit P)(McWha, Keith)
2013-04-01
1
OPINION AND ORDER re: #103213 [187] MOTION for a Finding of Willful Infringement and an Enhancement of Damages, filed by Medisim LTD, [184] MOTION for Post Trial Relief, filed by Medisim LTD, [177] MOTION for Judgment as a Matter of Law, Or Alternatively for a New Trial, filed by Bestmed, LLC, [130] MOTION in Limine Seeking to Exclude Introduction of Certain Evidence, filed by Bestmed, LLC, [152] MOTION in Limine, filed by Medisim LTD. For the foregoing reasons, BestMed's motion for JMOL is granted. I hold that the '668 Patent is invalid as anticipated by the FHT-1 thermometer, and likewise overturn the jury's verdict for Medisim on its unjust enrichment claim. Medisim's post-trial motions are denied, except for its motion for an injunction disposing of materials in BestMed's possession infringing its copyright, which is granted. BestMed is ordered to deliver all such infringing materials to Medisim within thirty days of this Order. The Clerk of the Court is directed to close Doc. Nos. 130, 152, 177, 184, and 187. The Judgment entered at Doc. No. 156 is hereby vacated. The Judgment Clerk is directed to enter a new judgment consistent with this Order. (Signed by Judge Shira A. Scheindlin on 5/15/2013) (ja) Modified on 5/22/2013 (jab).
2013-05-15
1
Transmission to Judgments and Orders Clerk. Transmitted re: 210 Opinion and Order to the Judgments and Orders Clerk. (ja)
2013-05-15
1
No Actions
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated May 15, 2013, BestMed's motion for JMOL is granted; the Court holds that the 668 Patent is invalid as anticipated by the FHT-1 thermometer, and likewise overturn the jury's verdict for Medisim on its unjust enrichment claim; Medisim's post-trial motions are denied, except for its motion for an injunction disposing of materials in BestMed's possession infringing its copyright, which is granted; BestMed is ordered to deliver all such infringing materials to Medisim within thirty days of the Order dated May 15, 2013. (Signed by Clerk of Court Ruby Krajick on 5/21/13) (Attachments: # (1) Notice of Right to Appeal)(ml)
2013-05-21
1
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated May 15, 2013, BestMed's motion for JMOL is granted; the Court holds that the 668 Patent is invalid as anticipated by the FHT-1 thermometer, and likewise overturn the jury's verdict for Medisim on its unjust enrichment claim; Medisim's post-trial motions are denied, except for its motion for an injunction disposing of materials in BestMed's possession infringing its copyright, which is granted; BestMed is ordered to deliver all such infringing materials to Medisim within thirty days of the Order dated May 15, 2013. (Signed by Clerk of Court Ruby Krajick on 5/21/13) (Attachments: # (1) Notice of Right to Appeal)(ml)
2013-05-21
2
MOTION to Amend/Correct [211] Clerk's Judgment,,. Document filed by Medisim LTD.(McWha, Keith)
2013-06-04
1
MEMORANDUM OF LAW in Support re: [212] MOTION to Amend/Correct [211] Clerk's Judgment,,.. Document filed by Medisim LTD. (McWha, Keith)
2013-06-04
1
RESPONSE to Motion re: [212] MOTION to Amend/Correct [211] Clerk's Judgment,,. Response to Motion to Amend. Document filed by Bestmed, LLC. (Kuo, Joseph)
2013-06-05
1
ORDER AMENDING THE CLERK'S JUDGMENT granting [212] Motion to Amend/Correct [211] Clerk's Judgment. IT IS ON THIS 6 day of June, 2013, ORDERED that Medisim's Motion to Amend the Clerk's Judgment filed on June 4, 2013 be and hereby is GRANTED: and it is further ORDERED that the Clerk's Judgment [D.E. 211] shall be amended to state that only claims 1, 8-12, 15, 19, 21, 27, 32 and 35-37 of U.S. Patent No. 7,597,668 ("the '668 patent") are invalid as anticipated by the FHT-1 thermometer; and it is further ORDERED that the Clerk is directed to enter an amended judgment which indicates that U.S. Patent No. 7,597,668 shall be referred to as "the '668 patent"; and it is further ORDERED that the Clerk is directed to enter an amended judgment in accordance with this Order. ENDORSEMENT: The Clerk of the Court is directed to close the Motion (Doc. No. 212). (Signed by Judge Shira A. Scheindlin on 6/6/2013) (ja)
2013-06-06
1
Transmission to Judgments and Orders Clerk. Transmitted re: 215 Order Amending the Clerk's Judgment to the Judgments and Orders Clerk. (ja)
2013-06-06
1
No Actions
AMENDED JUDGMENT amending [211] Clerk's Judgment, That for the reasons stated in the Court's Opinion and Order dated May 15, 2013 and Order dated June 6, 2013, BestMed's motion for JMOL is granted; U.S. Patent No. 7,597,668 shall be referred to as "the '668 patent"; the Court holds that only claims 1, 8-12, 15, 19, 21, 27, 32 and 35-37 of U.S. Patent No. 7,597,668 ("the '668 patent") are invalid as anticipated by the FHT-1 thermometer, and likewise overturn the jurys verdict for Medisim on its unjust enrichment claim; Medisim's post-trial motions are denied, except for its motion for an injunction disposing of materials in BestMed's possession infringing its copyright, which is granted; BestMed is ordered to deliver all such infringing materials to Medisim within thirty days of the Order dated May 15, 2013. (Signed by Clerk of Court Ruby Krajick on 6/11/13) (Attachments: # (1) Notice of Right to Appeal)(ml)
2013-06-11
1
AMENDED JUDGMENT amending [211] Clerk's Judgment, That for the reasons stated in the Court's Opinion and Order dated May 15, 2013 and Order dated June 6, 2013, BestMed's motion for JMOL is granted; U.S. Patent No. 7,597,668 shall be referred to as "the '668 patent"; the Court holds that only claims 1, 8-12, 15, 19, 21, 27, 32 and 35-37 of U.S. Patent No. 7,597,668 ("the '668 patent") are invalid as anticipated by the FHT-1 thermometer, and likewise overturn the jurys verdict for Medisim on its unjust enrichment claim; Medisim's post-trial motions are denied, except for its motion for an injunction disposing of materials in BestMed's possession infringing its copyright, which is granted; BestMed is ordered to deliver all such infringing materials to Medisim within thirty days of the Order dated May 15, 2013. (Signed by Clerk of Court Ruby Krajick on 6/11/13) (Attachments: # (1) Notice of Right to Appeal)(ml)
2013-06-11
2
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from [211] Clerk's Judgment,, [216] Amended Judgment,,, [190] Order,,, [215] Order on Motion to Amend/Correct,,, [81] Memorandum & Opinion,, [210] Memorandum & Opinion,,,,, [75] Memorandum & Opinion,,,. Form 7 and Form 22 are due within 14 days. Document filed by Medisim LTD. Filing fee $ 455.00, receipt number 0208-8603736. (McWha, Keith)
2013-06-13
1
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: 217 Notice of Appeal to the Federal Circuit. (tp)
2013-06-14
1
No Actions
USCA Case Number 13-1451 from the U.S. Court of Appeals, Federal Circuit assigned to 217 Notice of Appeal to the Federal Circuit, filed by Medisim LTD. (nd)
2013-06-17
1
No Actions
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/18/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013.(Rodriguez, Somari)
2013-06-19
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/18/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
2013-06-19
1
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/26/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013.(Rodriguez, Somari)
2013-06-19
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/26/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
2013-06-19
1
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/28/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013.(Rodriguez, Somari)
2013-06-19
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/28/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
2013-06-19
1
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/5/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013.(Rodriguez, Somari)
2013-06-19
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
2013-06-19
1
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/28/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013.(Rodriguez, Somari)
2013-06-19
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
2013-06-19
1
FEDERAL CIRCUIT INFORMATION SHEET (FORM 7) re: [217] Notice of Appeal to the Federal Circuit. (tp)
2013-06-27
1
TRANSCRIPT PURCHASE ORDER FORM 22. No transcript ordered. A transcript is already on file. Document filed by Medisim LTD. (tp)
2013-06-27
1
STIPULATION WITHDRAWAL AND SUBSTITUTION OF COUNSEL: Pursuant to Local Civil Rule 1.4, the undersigned hereby stipulate and agree to the substitution of Perkins Coie LLP in place of Olson & Cepuritis, Ltd. ("Olson & Cepuritis") and Kramer, Levin, Naftalis & Frankel, LLP ("Kramer Levin") as attorneys for defendant BestMed, LLC ("BestMed") in this matter. Attorneys listed for Olson & Cepuritis and Kramer Levin for this matter hereby withdraw. Counsel for Medisim will receive a copy of this document by electronic mail. (Signed by Judge Shira A. Scheindlin on 7/25/2013) (ja) Modified on 7/26/2013 (ja). Copies Sent By Chambers
2013-07-26
1
OPINION of USCA for the Federal Circuit as to [217] Notice of Appeal to the Federal Circuit, filed by Medisim LTD. USCA Case Number 2013-1451. Plaintiff-Appellant Medisim Ltd. ("Medisim") appeals the grant of judgment as a matter of law ("JMOL") by the United States District Court for the District of New York that U.S. Patent No. 7,597,668 ("'668 patent") is antici- pated by Medisim's own prior art FHT-1 thermometer. See Medisim Ltd. v. BestMed LLC, 959 F. Supp. 2d 396, 425 (S.D.N.Y. 2013). It also appeals the district court's grant of JMOL in BestMed, LLCs ("BestMed") favor on Medisim's unjust enrichment claim. Id. at 426. Because BestMed failed to preserve its right to JMOL on anticipation under Federal Rule of Civil Procedure 50, we vacate the district court's grant of JMOL on that claim. However, we affirm the district court's grant of JMOL on Medisim's unjust enrichment claim and its conditional grant of a new trial on anticipation. We remand this case for further proceedings. Daniel E. O'Toole, Clerk USCA for the Federal Circuit. Certified: 07/14/2014. (Attachments: # (1) Notice of Entry of judgment)(nd)
2014-07-14
1
MANDATE of USCA for the Federal Circuit(Certified Copy) as to [217] Notice of Appeal to the Federal Circuit, filed by Medisim LTD. USCA Case Number 13-1451. In accordance with the judgment ([231] USCA Opinon) of this court, entered July 14, 2014, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. Daniel E. O'Toole, Clerk USCA for the Federal Circuit. Issued As Mandate: 08/20/2014. (nd)
2014-08-20
1
Transmission of USCA Mandate to the District Judge re: 232 USCA Mandate,. (nd)
2014-08-20
1
No Actions
JOINT STIPULATION TO DISMISS WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and the parties' settlement agreement, both parties stipulate to dismiss all claims and counterclaims with prejudice, with each party to bear its own costs and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 10/15/2014) (mro)
2014-10-15
1
ORDER TO DISMISS WITH PREJUDICE: This matter comes before the Court on the parties' Joint Stipulation to Dismiss all claims and counterclaims with prejudice, with each party to bear its own costs and attorneys' fees. The stipulation is APPROVED. The Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation of this Order. The Clerk of the Court is directed to close the case in the above matter. (Signed by Judge Shira A. Scheindlin on 10/15/2014) (mro)
2014-10-15
1
Terminate Transcript Deadlines (mro)
2014-10-15
1
No Actions