MICROSPHERIX LLC v. MERCK SHARP & DOHME CORP.
2:17-cv-03984
Overview
Case Number
2:17-cv-03984
Filing Date
2017-06-05
Status
Litigation filed
Court
District Court, D. New Jersey
Nature of Suit
830 Patent
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, D. New Jersey
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT against MERCK & CO., INC., MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., N.V. ORGANON (Filing and Admin fee $ 400 receipt number 0312-7878932) with JURY DEMAND, filed by MICROSPHERIX LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(dam) (Entered: 06/06/2017)
2017-06-05
1
Corporate Disclosure Statement by MICROSPHERIX LLC. (dam) (Entered: 06/06/2017)
2017-06-05
1
AO120 Patent/Trademark Form filed. (Attachments: # 1 Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (dam) (Entered: 06/06/2017)
2017-06-06
1
SUMMONS ISSUED as to MERCK & CO., INC., MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., N.V. ORGANON Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Donato Marucci* (dam) (Entered: 06/06/2017)
2017-06-06
1
Patent Pilot Reassignment
2017-06-08
1
No Actions
Minute Entry for proceedings held before Judge Kevin McNulty: Pursuant to Local Patent Rule 1.5 Patent Pilot Project, case shall be reassigned to a designated patent judge. (Court Reporter/Recorder NONE.) (nic, )
2017-06-08
1
No Actions
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Claire C. Cecchi and Magistrate Judge James B. Clark for all further proceedings. Judge Kevin McNulty, Magistrate Judge Michael A. Hammer no longer assigned to case. So Ordered by Chief Judge Jose L. Linares on 6/27/17. (ak, ) (Entered: 06/27/2017)
2017-06-27
1
Order Reassigning Case
2017-06-27
1
No Actions
WAIVER OF SERVICE Returned Executed by MICROSPHERIX LLC. MERCK & CO., INC. waiver sent on 7/25/2017, answer due 9/25/2017; MERCK SHARP & DOHME B.V. waiver sent on 7/25/2017, answer due 9/25/2017; MERCK SHARP & DOHME CORP. waiver sent on 7/25/2017, answer due 9/25/2017; N.V. ORGANON waiver sent on 7/25/2017, answer due 9/25/2017. (DECORO, CHRISTOPHER) (Entered: 08/01/2017)
2017-08-01
1
NOTICE of Appearance by JOHN EDMUND FLAHERTY on behalf of All Defendants (FLAHERTY, JOHN) (Entered: 08/21/2017)
2017-08-21
1
Letter from J. Flaherty to Judge Clark regarding Consent Order for Extension of Time. (Attachments: # 1 Text of Proposed Order Consent Order for Extension of Time to Answer, Move or Otherwise Reply)(FLAHERTY, JOHN) (Entered: 08/21/2017)
2017-08-21
1
Letter from J. Flaherty to Judge Clark regarding Consent Order for Extension of Time. (Attachments: # 1 Text of Proposed Order Consent Order for Extension of Time to Answer, Move or Otherwise Reply)(FLAHERTY, JOHN) (Entered: 08/21/2017)
2017-08-21
2
NOTICE of Appearance by RAVIN R. PATEL on behalf of MERCK & CO., INC., MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., N.V. ORGANON (PATEL, RAVIN) (Entered: 08/21/2017)
2017-08-21
1
NOTICE of Appearance by DAVID N. DRAPER on behalf of MICROSPHERIX LLC (DRAPER, DAVID) (Entered: 08/23/2017)
2017-08-23
1
NOTICE of Appearance by CHRISTOPHER ROBERT DECORO on behalf of MICROSPHERIX LLC (DECORO, CHRISTOPHER) (Entered: 08/23/2017)
2017-08-23
1
Letter from David N. Draper to Judge Clark enclosing Pro Hac Vice Applications.. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of James F. Hurst, # 3 Certification of Stefan M. Miller, # 4 Certification of Ashley Ross, # 5 Certification of Jennifer Liu, # 6 Text of Proposed Order)(DRAPER, DAVID) (Entered: 08/31/2017)
2017-08-31
1
Letter from David N. Draper to Judge Clark enclosing Pro Hac Vice Applications.. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of James F. Hurst, # 3 Certification of Stefan M. Miller, # 4 Certification of Ashley Ross, # 5 Certification of Jennifer Liu, # 6 Text of Proposed Order)(DRAPER, DAVID) (Entered: 08/31/2017)
2017-08-31
2
Letter from David N. Draper to Judge Clark enclosing Pro Hac Vice Applications.. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of James F. Hurst, # 3 Certification of Stefan M. Miller, # 4 Certification of Ashley Ross, # 5 Certification of Jennifer Liu, # 6 Text of Proposed Order)(DRAPER, DAVID) (Entered: 08/31/2017)
2017-08-31
2
Letter from David N. Draper to Judge Clark enclosing Pro Hac Vice Applications.. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of James F. Hurst, # 3 Certification of Stefan M. Miller, # 4 Certification of Ashley Ross, # 5 Certification of Jennifer Liu, # 6 Text of Proposed Order)(DRAPER, DAVID) (Entered: 08/31/2017)
2017-08-31
2
Letter from David N. Draper to Judge Clark enclosing Pro Hac Vice Applications.. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of James F. Hurst, # 3 Certification of Stefan M. Miller, # 4 Certification of Ashley Ross, # 5 Certification of Jennifer Liu, # 6 Text of Proposed Order)(DRAPER, DAVID) (Entered: 08/31/2017)
2017-08-31
2
Letter from David N. Draper to Judge Clark enclosing Pro Hac Vice Applications.. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of James F. Hurst, # 3 Certification of Stefan M. Miller, # 4 Certification of Ashley Ross, # 5 Certification of Jennifer Liu, # 6 Text of Proposed Order)(DRAPER, DAVID) (Entered: 08/31/2017)
2017-08-31
2
Letter from David N. Draper to Judge Clark enclosing Pro Hac Vice Applications.. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of James F. Hurst, # 3 Certification of Stefan M. Miller, # 4 Certification of Ashley Ross, # 5 Certification of Jennifer Liu, # 6 Text of Proposed Order)(DRAPER, DAVID) (Entered: 08/31/2017)
2017-08-31
2
CONSENT ORDER EXTENDING TIME for Defts. to answer Cmp. until 10/25/17. Signed by Magistrate Judge James B. Clark on 9/5/17. (DD, ) (Entered: 09/05/2017)
2017-09-05
1
Answer Due Deadline Update - The document 13 Order submitted by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., MERCK & CO., INC., N.V. ORGANON has been GRANTED. The answer due date has been set for 10/25/17. (DD, )
2017-09-05
1
No Actions
Update Answer Due Deadline
2017-09-05
1
No Actions
ORDER granting re 12 Letter Appl. for pro hac vice admission as to JAMES F. HURST, P.C., ESQ., STEFAN MILLER, ESQ., ASHLEY ROSS, ESQ. & JENNIFER LIU, ESQ. Signed by Magistrate Judge James B. Clark on 9/6/17. (DD, ) (Entered: 09/07/2017)
2017-09-06
1
NOTICE of Appearance by GUILLERMO CARLO ARTILES on behalf of MERCK & CO., INC., MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP. (ARTILES, GUILLERMO) (Entered: 09/07/2017)
2017-09-07
1
Notice of Request by Pro Hac Vice James F. Hurst, P.C. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8079656.) (DRAPER, DAVID) (Entered: 09/11/2017)
2017-09-11
1
Notice of Request by Pro Hac Vice Stefan M. Miller to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8079679.) (DRAPER, DAVID) (Entered: 09/11/2017)
2017-09-11
1
Notice of Request by Pro Hac Vice Ashley Ross to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8079702.) (DRAPER, DAVID) (Entered: 09/11/2017)
2017-09-11
1
Notice of Request by Pro Hac Vice Jennifer Liu to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8079722.) (DRAPER, DAVID) (Entered: 09/11/2017)
2017-09-11
1
Pro Hac Vice counsel, ASHLEY ROSS, JENNIFER LIU, STEFAN M. MILLER and JAMES F. HURST, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (DD, )
2017-09-12
1
No Actions
Notice of Pro Hac Vice counsel added
2017-09-12
1
No Actions
Letter from John E. Flaherty to the Hon. James B. Clark, III, U.S.M.J., enclosing Pro Hac Vice application. (Attachments: # 1 Certification of John E. Flaherty, # 2 Certification of Tracey B. Davies, # 3 Certification of Michael A. Valek, # 4 Certification of Betty X. Yang, # 5 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 09/20/2017)
2017-09-20
1
CONSENT ORDER granting re 20 Letter Appl. for pro hac vice admission as to Tracey B. Davies, Esq., Michael A. Valek, Esq. and Betty X. Yang, Esq. Signed by Magistrate Judge James B. Clark on 9/21/17. (DD, ) (Entered: 09/21/2017)
2017-09-21
1
Notice of Request by Pro Hac Vice Tracey B. Davies to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8105468.) (FLAHERTY, JOHN) (Entered: 09/21/2017)
2017-09-21
1
Notice of Request by Pro Hac Vice Michael A. Valek to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8105616.) (FLAHERTY, JOHN) (Entered: 09/21/2017)
2017-09-21
1
Notice of Request by Pro Hac Vice Betty X. Yang to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8105640.) (FLAHERTY, JOHN) (Entered: 09/21/2017)
2017-09-21
1
Pro Hac Vice counsel, BETTY X. YANG, MICHAEL A. VALEK and TRACEY B. DAVIES, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (DD, )
2017-09-22
1
No Actions
Notice of Pro Hac Vice counsel added
2017-09-22
1
No Actions
STIPULATION to Dismiss Defendants and Amend Plaintiff's Complaint by MICROSPHERIX LLC. (Attachments: # 1 Stipulation and Proposed Order, # 2 Exhibit 1 - Amended Complaint)(DECORO, CHRISTOPHER) (Entered: 10/11/2017)
2017-10-11
1
STIPULATION AND ORDER OF DISMISSAL w/out prejudice as to defts., MERCK & CO., INC. AND N.V. ORGANON, adding ORGANON USA, INC. as a deft., and amending Cmp. to reflect same. Signed by Magistrate Judge James B. Clark on 10/17/17. (DD, ) (Entered: 10/18/2017)
2017-10-17
1
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
1
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
AMENDED COMPLAINT against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., filed by MICROSPHERIX LLC. (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)(DECORO, CHRISTOPHER) (Entered: 10/18/2017)
2017-10-18
2
MOTION to Dismiss Count II of the Amended Complaint by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. Responses due by 11/6/2017 (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibit 1, # 4 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 10/25/2017)
2017-10-25
1
LETTER ORDER: Initial Conference set for 1/19/2018 at 11:00 AM in Newark - Courtroom 2A before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 10/26/2017. (seb) (Entered: 10/26/2017)
2017-10-26
1
Set/Reset Motion and R&R Deadlines/Hearings
2017-10-26
1
No Actions
Set/Reset Deadlines as to 28 MOTION to Dismiss Count II of the Amended Complaint. Motion set for 11/20/2017 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )
2017-10-26
1
No Actions
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by MICROSPHERIX LLC re 28 MOTION to Dismiss Count II of the Amended Complaint (DECORO, CHRISTOPHER) (Entered: 10/27/2017)
2017-10-27
1
Letter from John E. Flaherty to the Hon. James B. Clark, III, U.S.M.J., requesting extension of time re 28 MOTION to Dismiss Count II of the Amended Complaint. (Attachments: # 1 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 11/03/2017)
2017-11-03
1
Letter from John E. Flaherty to the Hon. Claire C. Cecchi, U.S.D.J., re 28 MOTION to Dismiss Count II of the Amended Complaint. (FLAHERTY, JOHN) (Entered: 11/03/2017)
2017-11-03
1
AMENDED DOCUMENT by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. Amendment to 28 MOTION to Dismiss Count II of the Amended Complaint - Amended Brief. (FLAHERTY, JOHN) (Entered: 11/03/2017)
2017-11-03
1
ORDER granting Deft's re 32 Letter Request for a four day extension of time to file Defts' reply in support of their Motion to Dismiss until 12/1/17. Signed by Judge Claire C. Cecchi on 11/6/17. (DD, ) (Entered: 11/06/2017)
2017-11-06
1
BRIEF in Opposition filed by MICROSPHERIX LLC re 28 MOTION to Dismiss Count II of the Amended Complaint (Attachments: # 1 Affidavit of Christopher DeCoro, # 2 Exhibit A, # 3 Certificate of Service)(DECORO, CHRISTOPHER) (Entered: 11/20/2017)
2017-11-20
1
REPLY to Response to Motion filed by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC. re 28 MOTION to Dismiss Count II of the Amended Complaint (FLAHERTY, JOHN) (Entered: 12/01/2017)
2017-12-01
1
Letter from John E. Flaherty to Hon. James B. Clark, III, U.S.M.J re 29 Order, Set Hearings, Set/Clear Flags. (FLAHERTY, JOHN) (Entered: 12/29/2017)
2017-12-29
1
Letter from David N. Draper to Hon. James B. Clark, III, U.S.M.J. re 37 Letter. (DRAPER, DAVID) (Entered: 01/02/2018)
2018-01-02
1
LETTER-ORDER that the Initial Conference set for 1/19/18 10:00 AM is adjourned to 2/21/2018 12:00 PM before Magistrate Judge James B. Clark.. Signed by Magistrate Judge James B. Clark on 1/3/18. (DD, ) (Entered: 01/03/2018)
2018-01-03
1
MOTION for Leave to Appear Pro Hac Vice for Marcus E. Sernel by MICROSPHERIX LLC. (Attachments: # 1 Certification of David N. Draper, # 2 Certification of Marcus E. Sernel, # 3 Text of Proposed Order)(DRAPER, DAVID) (Entered: 02/02/2018)
2018-02-02
1
ORDER granting 40 Motion for Leave to Appear Pro Hac Vice as to MARCUS E. SERNEL, P.C.. Signed by Magistrate Judge James B. Clark on 2/5/2018. (DD) (Entered: 02/05/2018)
2018-02-05
1
Set/Reset Deadlines as to 40 MOTION for Leave to Appear Pro Hac Vice for Marcus E. Sernel. Motion set for 3/5/2018 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )
2018-02-05
1
No Actions
Set/Reset Motion and R&R Deadlines/Hearings
2018-02-05
1
No Actions
Notice of Request by Pro Hac Vice Marcus E. Sernel, P.C. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8483515.) (DRAPER, DAVID) (Entered: 02/15/2018)
2018-02-15
1
Pro Hac Vice counsel, MARCUS E. SERNEL, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (DD, )
2018-02-16
1
No Actions
Notice of Pro Hac Vice counsel added
2018-02-16
1
No Actions
PRETRIAL SCHEDULING ORDER: Telephone/Status Conference set for 7/24/2018 11:30 AM before Magistrate Judge James B. Clark. Amended Pleadings due by 12/21/2018, returnable on 1/14/19. Fact Discovery due by 2/22/2019. Joinder of Parties due by 12/21/2018, returnable on 1/14/19; etc. Signed by Magistrate Judge James B. Clark on 2/21/18. (DD, ) (Entered: 02/22/2018)
2018-02-21
1
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Scheduling Conference held on 2/21/2018. (seb)
2018-02-21
1
No Actions
Scheduling Conference
2018-02-22
1
No Actions
Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney GUILLERMO CARLO ARTILES terminated. (FLAHERTY, JOHN) (Entered: 02/27/2018)
2018-02-27
1
Letter from John E. Flaherty to the Hon. James B. Clark, III, U.S.M.J., re 43 Scheduling Order,. (FLAHERTY, JOHN) (Entered: 03/07/2018)
2018-03-07
1
ORDER that the deadline to submit a proposed confidentiality order is 6/15/2018. Signed by Magistrate Judge James B. Clark on 3/9/2018. (sm, ) (Entered: 03/09/2018)
2018-03-09
1
STIPULATION (Letter from Christopher DeCoro enclosing the Parties' Stipulated Protective Order) by MICROSPHERIX LLC. (Attachments: # 1 Stipulated Protective Order, # 2 Certificate of Service)(DECORO, CHRISTOPHER) (Entered: 04/09/2018)
2018-04-09
1
Stipulated Discovery Confidentiality Order. Signed by Magistrate Judge James B. Clark on 4/10/18. (DD, ) (Entered: 04/10/2018)
2018-04-10
1
Letter from David N. Draper to Hon. James B. Clark, III, U.S.M.J. re: adjustment of case schedule. (DRAPER, DAVID) (Entered: 04/26/2018)
2018-04-26
1
ORDER Re: modification to case schedule. Signed by Magistrate Judge James B. Clark on 4/27/18. (sr, ) (Entered: 04/30/2018)
2018-04-27
1
TEXT ORDER ORAL ARGUMENT on the Motion to Dismiss Count II of the Amended Complaint (ECF No. 28) shall be heard on Monday, June 18, 2018 at 10:00 a.m. before Judge Claire C. Cecchi in Courtroom 5B. SO ORDERED by Judge Claire C. Cecchi on 5/10/18. (jl, ) (Entered: 05/10/2018)
2018-05-10
1
Letter from John E. Flaherty to the Hon. James B. Clark, III, U.S.M.J. (Attachments: # 1 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 05/24/2018)
2018-05-24
1
ORDER GRANTING Defendant's application for leave to amend their invalidity contentions and to adjust the case schedule, etc. Signed by Magistrate Judge James B. Clark on 5/29/18. (cm, ) (Entered: 05/29/2018)
2018-05-29
1
AMENDED TEXT ORDER - ORAL ARGUMENT on the Motion to Dismiss Count II of the Amended Complaint (ECF No. 28) shall be heard on June 19, 2018 at 10:00 a.m. before Judge Claire C. Cecchi in Courtroom 5B. SO ORDERED by Judge Claire C. Cecchi on 6/1/18. (jl, ) (Entered: 06/01/2018)
2018-06-01
1
Minute Entry for proceedings held before Judge Claire C. Cecchi: Motion Hearing held on 6/19/2018 re 28 MOTION to Dismiss Count II of the Amended Complaint filed by ORGANON USA. INC., MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP. ORDERED decision reserved.. (Court Reporter: WALTER PERELLI) (jl, ) (Entered: 06/19/2018)
2018-06-19
1
Transcript of Motion held on June 19, 2018, before Judge Claire C. Cecchi. Court Reporter: Walter Perelli (973-645-2514). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 7/11/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/18/2018. (jml) (Entered: 06/22/2018)
2018-06-20
1
Letter from David N. Draper. (Attachments: # 1 Certificate of Service)(DRAPER, DAVID) (Entered: 06/29/2018)
2018-06-29
1
Letter from John E. Flaherty to the Hon. Claire C. Cecchi, U.S.D.J. (Attachments: # 1 Exhibit)(FLAHERTY, JOHN) (Entered: 07/12/2018)
2018-07-12
1
Letter from John E. Flaherty to the Hon. James B. Clark, III, U.S.M.J., regarding discovery issues. (FLAHERTY, JOHN) (Entered: 07/16/2018)
2018-07-16
1
TEXT ORDER A telephone status conference is scheduled for July 19, 2018 at 12:30 p.m. Counsel for Defendants shall initiate the call. SO ORDERED by Judge Claire C. Cecchi on 7/17/18. (jl, ) (Entered: 07/17/2018)
2018-07-17
1
STATUS REPORT (Parties' Joint Status Report) by MICROSPHERIX LLC. (DRAPER, DAVID) (Entered: 07/19/2018)
2018-07-19
1
Letter from John E. Flaherty to the Hon. Claire C. Cecchi, U.S.D.J. (Attachments: # 1 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 07/19/2018)
2018-07-19
1
Minute Entry for proceedings held before Judge Claire C. Cecchi: Status Conference call held on 7/19/2018. (jl, )
2018-07-19
1
No Actions
ORDER: A Telephone Conference is set for 8/8/2018 at 02:00 PM before Judge Claire C. Cecchi. The scheduling orders entered on February 21, 2018 (D.E. 43) and April 27,2018 (D.E. 50) and May 29, 2018 (D.E. 53) are modified as follows: Submission of Joint Claim Construction and Prehearing Statement from 8/3/18 to 8/17/17. Signed by Judge Claire C. Cecchi on 7/20/18. (cm, ) (Entered: 07/20/2018)
2018-07-20
1
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 7/24/2018. (seb)
2018-07-24
1
No Actions
LETTER ORDER: A Telephone Status Conference is set for 11/15/2018 at 11:30 AM before Magistrate Judge James B. Clark. Counsel for Defendant shall initiate the call. Signed by Magistrate Judge James B. Clark on 7/25/18. (cm, ) (Entered: 07/25/2018)
2018-07-25
1
NOTICE by MICROSPHERIX LLC of Withdrawal of Pro Hac Vice Appearance for Jennifer Liu (Attachments: # 1 Certificate of Service)(DRAPER, DAVID) (Entered: 07/26/2018)
2018-07-26
1
TEXT ORDER The telephone conference originally scheduled for August 8, 2018 at 2:00 p.m. is hereby RESCHEDULED for August 8, 2018 at 11:30 a.m. Counsel for Defendants shall initiate the call. (**PLEASE NOTE NEW TIME**) SO ORDERED by Judge Claire C. Cecchi on 7/27/18. (jl, ) (Entered: 07/27/2018)
2018-07-27
1
Letter from John E. Flaherty to the Hon. Claire C. Cecchi, U.S.D.J. (Attachments: # 1 Stipulation and Proposed Order Staying Case)(FLAHERTY, JOHN) (Entered: 08/02/2018)
2018-08-02
1
STIPULATION AND ORDER STAYING CASE for all purposes; that all pending deadlines are VACATED, etc. Signed by Judge Claire C. Cecchi on 8/6/18. (cm, ) (Entered: 08/07/2018)
2018-08-06
1
TEXT ORDER - The telephone conference scheduled for August 8, 2018 at 11:30 a.m is hereby cancelled in light of the joint Stipulation and Order staying this action. So Ordered by Judge Claire C. Cecchi on 8/7/18. (jl, ) (Entered: 08/07/2018)
2018-08-07
1
TEXT ORDER - In light of the joint Stipulation and Order staying this action [ECF No. 68], the Telephone Status Conference scheduled for 11/15/2018 at 11:30 AM is ADJOURNED. So Ordered by Magistrate Judge James B. Clark on 11/8/2018. (seb) (Entered: 11/13/2018)
2018-11-08
1
Letter from John E. Flaherty to the Hon. James B. Clark, III, U.S.M.J., re 21 Order. (FLAHERTY, JOHN) (Entered: 01/15/2019)
2019-01-15
1
ORDER granting 71 Defendants' Letter requesting the withdrawal of MICHAEL A. VALEK as Pro Hac Vice counsel. Signed by Magistrate Judge James B. Clark on 1/16/2019. (dam, ) (Entered: 01/16/2019)
2019-01-16
1
STATUS REPORT - PARTIES' JOINT STATUS REPORT by MICROSPHERIX LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(DRAPER, DAVID) (Entered: 07/22/2019)
2019-07-22
1
Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney RAVIN R. PATEL terminated. (PATEL, RAVIN) (Entered: 08/29/2019)
2019-08-29
1
Case Reassigned to Chief Mag. Judge Mark Falk. Magistrate Judge James B. Clark no longer assigned to the case. (ak, )
2019-10-18
1
No Actions
TEXT ORDER: There shall be a telephone conference before the Undersigned on October 25, 2019 at 10:15 a.m. Plaintiff is directed to arrange for the conference call. So Ordered by Chief Mag. Judge Mark Falk on 10/22/19. (LM, ) (Entered: 10/22/2019)
2019-10-22
1
Minute Entry for proceedings held before Chief Mag. Judge Mark Falk: Status Conference via telephone held on 10/25/2019. (Court Reporter/Recorder NONE.) (LM, )
2019-10-25
1
No Actions
STIPULATION of Dismissal of Count II of the Amended Complaint with Prejudice by MICROSPHERIX LLC. (DRAPER, DAVID) (Entered: 06/29/2020)
2020-06-29
1
Letter from David Draper enclosing Joint Status Report and Proposed Order Lifting Stay. (Attachments: # 1 Text of Proposed Order)(DRAPER, DAVID) (Entered: 06/29/2020)
2020-06-29
1
Letter from David N. Draper enclosing Application on Consent for Admission Pro Hac Vice. (Attachments: # 1 Certification OF TASHA FRANCIS GERASIMOW, # 2 Certification OF DAVID N. DRAPER, # 3 Text of Proposed Order)(DRAPER, DAVID) (Entered: 06/30/2020)
2020-06-30
1
ORDER granting 78 Application for the Pro Hac Vice Admission of Tasha Francis Gerasimow. Signed by Chief Mag. Judge Mark Falk on 7/1/2020. (ams, ) (Entered: 07/01/2020)
2020-07-01
1
Pro Hac Vice fee: $ 150, receipt number NEW043031 as to Tasha Francis Gerasimow (ams, )
2020-07-08
1
No Actions
NOTICE of Appearance by CYNTHIA STENCEL BETZ on behalf of MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC. (BETZ, CYNTHIA) (Entered: 07/09/2020)
2020-07-09
1
Pro Hac Vice Fee Received
2020-07-09
1
No Actions
Letter from Defendants to Hon. Mark Falk, USMJ re pro hac vice applications. (Attachments: # 1 Certification of John Flaherty, # 2 Certification of Y. Ernest Hsin, # 3 Certification of Andrew Philip Blythe, # 4 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 07/10/2020)
2020-07-10
1
ORDER granting 81 Application for the Pro Hac Vice Admission of Y. Ernest Hsin, Esq. and Andrew Philip Blythe, Esq. Signed by Chief Mag. Judge Mark Falk on 7/13/2020. (ams, ) (Entered: 07/13/2020)
2020-07-13
1
Letter from David N. Draper enclosing proposed case schedule. (Attachments: # 1 Proposed Schedule)(DRAPER, DAVID) (Entered: 07/13/2020)
2020-07-13
1
Notice of Request by Pro Hac Vice Andrew Philip Blythe to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11083643.) (FLAHERTY, JOHN) (Entered: 07/16/2020)
2020-07-16
1
Notice of Request by Pro Hac Vice Y. Ernest Hsin to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11083664.) (FLAHERTY, JOHN) (Entered: 07/16/2020)
2020-07-16
1
Letter from Letter from David N. Draper re notice of supplemental status update. (Attachments: # 1 Exhibit A)(DRAPER, DAVID) (Entered: 07/16/2020)
2020-07-16
1
Pro Hac Vice counsel, Y. ERNEST HSIN and ANDREW PHILIP BLYTHE, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (lag, )
2020-07-16
1
No Actions
TEXT ORDER: There shall be a telephone conference before the Undersigned on July 22, 2020 at 3:30 p.m. All counsel should be present on the line before dialing in to the designated conference number. Once all counsel are all on the line, please dial in to (201) 341-3629 to be connected to Chief Mag. Judge Mark Falk. If counsel are not available for the conference call or have any questions, please email chambers at mf_orders@njd.uscourts.gov. So Ordered by Chief Mag. Judge Mark Falk on 7/17/20.(LM, ) (Entered: 07/17/2020)
2020-07-17
1
Order
2020-07-17
1
No Actions
Notice of Pro Hac Vice counsel added
2020-07-17
1
No Actions
STIPULATION AND ORDER Dismissing with Prejudice Count II of the Amended Complaint. Signed by Judge Claire C. Cecchi on 7/20/2020. (ams, ) (Entered: 07/20/2020)
2020-07-20
1
Minute Entry for proceedings held before Chief Mag. Judge Mark Falk: Status Conference via telephone held on 7/22/2020. (Court Reporter/Recorder NONE.) (LM, )
2020-07-22
1
No Actions
Status Conference
2020-07-30
1
No Actions
ORDER LIFTING STAY. Signed by Chief Mag. Judge Mark Falk on 8/10/2020. (ams, ) (Entered: 08/10/2020)
2020-08-10
1
ANSWER to Amended Complaint, COUNTERCLAIM against MICROSPHERIX LLC by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (Attachments: # 1 Exhibit 1)(FLAHERTY, JOHN) (Entered: 08/10/2020)
2020-08-10
1
Corporate Disclosure Statement by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC. identifying Merck & Co. as Corporate Parent.. (FLAHERTY, JOHN) (Entered: 08/10/2020)
2020-08-10
1
MOTION for Extension of Time to File Answer re 90 Answer to Amended Complaint, Counterclaim by MICROSPHERIX LLC. (DRAPER, DAVID) (Entered: 08/26/2020)
2020-08-26
1
Application and Proposed Order for Clerk's Order to extend time to answer as to Counterclaims.. (DRAPER, DAVID) (Entered: 08/26/2020)
2020-08-26
1
Clerk`s Text Order - The document 93 Application for Clerk's Order to Ext Answer/Proposed Order submitted by MICROSPHERIX LLC has been GRANTED. The answer due date has been set for 9/14/2020. (lag, )
2020-08-26
1
No Actions
CLERK'S QUALITY CONTROL MESSAGE - Please be advised that The 6.1 Application for a Clerk's Order to Extend time to Answer, filed by DAVID DRAPER on 8/26/2020 was submitted incorrectly as a motion. This submission will remain on the docket unless otherwise ordered by the court, and the motion will be terminated. For future filings of this nature, please select the event "Application and Clerk Order to Ext Answer" located in the "Other Documents" menu. This message is for informational purposes only. (lag, )
2020-08-26
1
No Actions
Update Answer Due Deadline
2020-08-26
1
No Actions
QC - Incorrect Event Selected
2020-08-26
1
No Actions
Letter from David N. Draper to Judge Cecchi re Joint Claim Construction Statement. (Attachments: # 1 Statement (Joint Claim Construction), # 2 Exhibit A)(DRAPER, DAVID) (Entered: 09/08/2020)
2020-09-08
1
STIPULATION re 90 Answer to Amended Complaint, Counterclaim and proposed order extending Microspherix's time to answer until 9/28/2020 by MICROSPHERIX LLC. (DRAPER, DAVID) (Entered: 09/11/2020)
2020-09-11
1
STIPULATION AND ORDER that the time for Plaintiff to answer or otherwise move in response to Defendants' Answer, Defenses, and Counterclaims to Amended Complaint is extended to 9/28/2020. Signed by Chief Mag. Judge Mark Falk on 9/21/2020. (ams, ) (Entered: 09/21/2020)
2020-09-21
1
STIPULATION re 90 Answer to Amended Complaint, Counterclaim and proposed order extending Microspherix's time to answer until 10/2/2020 by MICROSPHERIX LLC. (DRAPER, DAVID) (Entered: 09/25/2020)
2020-09-25
1
Letter from Defendants to Hon. Claire C. Cecchi. (Attachments: # 1 Text of Proposed Order)(BETZ, CYNTHIA) (Entered: 10/01/2020)
2020-10-01
1
STIPULATION AND ORDER that the time for Plaintiff to answer or otherwise move in response to Defendants' Answer, Defenses and Counterclaims to 90 Amended Complaint is extended to 10/2/2020. Signed by Chief Mag. Judge Mark Falk on 10/2/2020. (ams, ) (Entered: 10/02/2020)
2020-10-02
1
***WITHDRAWN pursuant to 158 Order*** MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense by MICROSPHERIX LLC. Responses due by 11/2/2020 (Attachments: # 1 Brief in Support of Partial Motion to Dismiss, # 2 Declaration of Tasha Francis Gerasimow, # 3 Exhibit 1 to Gerasimow Declaration, # 4 Exhibit 2 to Gerasimow Declaration, # 5 Exhibit 3 to Gerasimow Declaration, # 6 Exhibit 4 to Gerasimow Declaration, # 7 Exhibit 5 to Gerasimow Declaration, # 8 Exhibit 6 to Gerasimow Declaration, # 9 Exhibit 7 to Gerasimow Declaration, # 10 Exhibit 8 to Gerasimow Declaration, # 11 Exhibit 9 to Gerasimow Declaration, # 12 Exhibit 10 to Gerasimow Declaration, # 13 Exhibit 11 to Gerasimow Declaration, # 14 Exhibit 12 to Gerasimow Declaration, # 15 Exhibit 13 to Gerasimow Declaration, # 16 Exhibit 14 to Gerasimow Declaration, # 17 Text of Proposed Order)(DRAPER, DAVID) Modified on 9/17/2021 (ams, ). (Entered: 10/02/2020)
2020-10-02
1
Letter from Defendants to Hon. Mark Falk, USMJ re 83 Letter. (BETZ, CYNTHIA) (Entered: 10/05/2020)
2020-10-05
1
Set Deadlines as to 100 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense. Motion set for 11/2/2020 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, )
2020-10-06
1
No Actions
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 100 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense . (BETZ, CYNTHIA) (Entered: 10/07/2020)
2020-10-07
1
Set/Reset Motion and R&R Deadlines/Hearings
2020-10-07
1
No Actions
MARKMAN OPENING BRIEF of Defendants Merck Sharp & Dohme Corp., Merck Sharp & Dohme B.V., and Organon USA, Inc. (Attachments: # 1 Declaration of Kinam Park, PhD)(FLAHERTY, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 10/29/2020)
2020-10-29
1
DECLARATION of Andrew P. Blythe re 103 Markman Opening Brief,, by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (Attachments: # 1 Exhibit 1-16, # 2 Exhibit 17-32)(FLAHERTY, JOHN) (Entered: 10/29/2020)
2020-10-29
1
Exhibit to 104 Declaration (Exhibit 15) by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (FLAHERTY, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 10/29/2020)
2020-10-29
1
Exhibit to 104 Declaration (Exhibit 16) by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (FLAHERTY, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 10/29/2020)
2020-10-29
1
MARKMAN OPENING BRIEF Plaintiff Microspherix LLC's Opening Claim Construction Brief (Attachments: # 1 Declaration of Tasha F. Gerasimow, # 2 Certificate of Service)(DRAPER, DAVID)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 10/29/2020)
2020-10-29
1
REDACTION to 103 Markman Opening Brief,, by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (Attachments: # 1 Declaration of Kinam Park, PhD)(BETZ, CYNTHIA) (Entered: 10/30/2020)
2020-10-30
1
REDACTION to 107 Markman Opening Brief,, Plaintiff Microspherix LLC's Opening Claim Construction Brief by MICROSPHERIX LLC. (Attachments: # 1 Declaration of Tasha F. Gerasimow, # 2 Certificate of Service)(DRAPER, DAVID) (Entered: 10/30/2020)
2020-10-30
1
BRIEF in Opposition filed by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC. re 100 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense (Attachments: # 1 Declaration of Betty Yang with Exhibit A)(FLAHERTY, JOHN) (Entered: 11/02/2020)
2020-11-02
1
REPLY BRIEF to Opposition to Motion filed by MICROSPHERIX LLC re 100 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense (DRAPER, DAVID) (Entered: 11/09/2020)
2020-11-09
1
MARKMAN RESPONSE BRIEF re 107 Markman Opening Brief,, (Attachments: # 1 Declaration of Andrew Blythe, # 2 Exhibit 33, # 3 Exhibit 34, # 4 Exhibit 35, # 5 Exhibit 36, # 6 Exhibit 37, # 7 Exhibit 38)(FLAHERTY, JOHN) (Entered: 01/14/2021)
2021-01-14
1
MARKMAN RESPONSE BRIEF re 103 Markman Opening Brief,, (Attachments: # 1 Certificate of Service)(DRAPER, DAVID)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 01/14/2021)
2021-01-14
1
DECLARATION of David N. Draper re 113 Markman Response Brief,, by MICROSPHERIX LLC. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21, # 12 Exhibit 22, # 13 Exhibit 23, # 14 Exhibit 24, # 15 Exhibit 25, # 16 Exhibit 26, # 17 Exhibit 27, # 18 Exhibit 28, # 19 Exhibit 29, # 20 Exhibit 30, # 21 Exhibit 31, # 22 Exhibit 32, # 23 Exhibit 33, # 24 Exhibit 34, # 25 Certificate of Service)(DRAPER, DAVID)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 01/15/2021)
2021-01-14
1
REDACTION to 113 Markman Response Brief,, by MICROSPHERIX LLC. (Attachments: # 1 Certificate of Service)(DRAPER, DAVID) (Entered: 01/15/2021)
2021-01-15
1
REDACTION to 114 Declaration,,,, of David N. Draper (Public Version) by MICROSPHERIX LLC. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21, # 12 Exhibit 22, # 13 Exhibit 23, # 14 Exhibit 24, # 15 Exhibit 25, # 16 Exhibit 26, # 17 Exhibit 27, # 18 Exhibit 28, # 19 Exhibit 29, # 20 Exhibit 30, # 21 Exhibit 31, # 22 Exhibit 32, # 23 Exhibit 33, # 24 Exhibit 34, # 25 Certificate of Service)(DRAPER, DAVID) (Entered: 01/15/2021)
2021-01-15
1
Letter from David N. Draper to Hon. Claire C. Cecchi re Parties' proposed schedule for Markman hearing. (DRAPER, DAVID) (Entered: 01/20/2021)
2021-01-20
1
Letter from Defendants Requesting the Withdrawal of the Pro Hac Vice Admission of Tracey Davies re 21 Order. (BETZ, CYNTHIA) (Entered: 01/22/2021)
2021-01-22
1
ORDER granting 118 Letter requesting the withdrawal of Pro Hac Vice Attorney Tracey B. Davies. Signed by Chief Mag. Judge Mark Falk on 1/22/2021. (ams, ) (Entered: 01/22/2021)
2021-01-22
1
REDACTION to 103 Markman Opening Brief,, (Revised) by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (BETZ, CYNTHIA) (Entered: 01/28/2021)
2021-01-28
1
Letter from Defendants to Hon. Mark Falk, USMJ re 105 Exhibit (to Document),,. (BETZ, CYNTHIA) (Entered: 01/28/2021)
2021-01-28
1
MOTION to Seal by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (Attachments: # 1 Declaration of Andrew Blythe, # 2 Text of Proposed Order)(BETZ, CYNTHIA) (Entered: 01/28/2021)
2021-01-28
1
Set/Reset Motion and R&R Deadlines/Hearings
2021-01-29
1
No Actions
Set Deadlines as to 122 MOTION to Seal . Motion set for 3/1/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
2021-01-29
1
No Actions
MOTION to Strike 115 Redacted Document, 113 Markman Response Brief,, (Motion to Strike Portions of Plaintiffs Responsive Claim Construction Brief, or in the Alternative, for Leave to File a Reply Brief) by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. Responses due by 2/16/2021 (Attachments: # 1 Brief, # 2 Certification of John E Flaherty, # 3 Exhibit 1 to Flaherty Cert., # 4 Exhibit 2 to Flaherty Cert., # 5 Exhibit 3 to Flaherty Cert., # 6 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 02/01/2021)
2021-02-01
1
ORDER granting 121 Letter requesting to unseal D.E. 105 . Signed by Chief Mag. Judge Mark Falk on 2/2/2021. (ams, ) (Entered: 02/02/2021)
2021-02-02
1
Set/Reset Motion and R&R Deadlines/Hearings
2021-02-03
1
No Actions
Set Deadlines as to 123 MOTION to Strike 115 Redacted Document, 113 Markman Response Brief,, (Motion to Strike Portions of Plaintiffs Responsive Claim Construction Brief, or in the Alternative, for Leave to File a Reply Brief). Motion set for 3/1/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
2021-02-03
1
No Actions
RESPONSE in Opposition filed by MICROSPHERIX LLC re 123 MOTION to Strike 115 Redacted Document, 113 Markman Response Brief,, (Motion to Strike Portions of Plaintiffs Responsive Claim Construction Brief, or in the Alternative, for Leave to File a Reply Brief) (Attachments: # 1 Declaration of David N. Draper, # 2 Exhibit 35, # 3 Certificate of Service)(DRAPER, DAVID)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 02/16/2021)
2021-02-16
1
REDACTION to 125 Response in Opposition to Motion,,, (Motion to Strike Portions of Plaintiff's Responsive Claim Construction Brief, or in the Alternative, for Leave to File a Reply Brief) by MICROSPHERIX LLC. (Attachments: # 1 Declaration of David N. Draper, # 2 Exhibit 35, # 3 Certificate of Service)(DRAPER, DAVID) (Entered: 02/17/2021)
2021-02-17
1
APPLICATION for Pro Hac Vice Admission of Mark Reiter for by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (Attachments: # 1 Certification of John E. Flaherty, # 2 Certification of Mark Reiter, # 3 Text of Proposed Order)(FLAHERTY, JOHN) Modified on 2/23/2021 (dam). (Entered: 02/19/2021)
2021-02-19
1
REPLY BRIEF to Opposition to Motion filed by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC. re 123 MOTION to Strike 115 Redacted Document, 113 Markman Response Brief,, (Motion to Strike Portions of Plaintiffs Responsive Claim Construction Brief, or in the Alternative, for Leave to File a Reply Brief) (BETZ, CYNTHIA) (Entered: 02/22/2021)
2021-02-22
1
Letter from David N. Draper to Judge Falk re Unsealing D.E. 125. (DRAPER, DAVID) (Entered: 03/05/2021)
2021-03-05
1
MOTION to Amend/Correct (LEAVE TO SERVE AMENDED INVALIDITY CONTENTIONS) by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (Attachments: # 1 Brief, # 2 Declaration of Andrew Blythe, # 3 Text of Proposed Order)(FLAHERTY, JOHN) (Entered: 03/05/2021)
2021-03-05
1
Exhibit to 130 Motion to Amend/Correct, by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC.. (Attachments: # 1 Exhibit, # 2 Exhibit)(FLAHERTY, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 03/05/2021)
2021-03-05
1
Letter from Defendants to Hon. Mark Falk, USMJ re 131 Exhibit (to Document),,. (BETZ, CYNTHIA) (Entered: 03/08/2021)
2021-03-08
1
Set Deadlines as to 130 MOTION to Amend/Correct (LEAVE TO SERVE AMENDED INVALIDITY CONTENTIONS). Motion set for 4/5/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
2021-03-08
1
No Actions
Set/Reset Motion and R&R Deadlines/Hearings
2021-03-08
1
No Actions
CONSENT ORDER granting 127 Application for the Pro Hac Vice Admission of Mark Reiter, Esq. etc. Signed by Chief Mag. Judge Mark Falk on 3/10/2021. (ams, ) (Entered: 03/10/2021)
2021-03-10
1
Notice of Request by Pro Hac Vice Mark Reiter to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12252293.) (FLAHERTY, JOHN) (Entered: 03/11/2021)
2021-03-11
1
Notice of Pro Hac Vice counsel added
2021-03-12
1
No Actions
Pro Hac Vice counsel, MARK N. REITER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (JB, )
2021-03-12
1
No Actions
MEMORANDUM in Opposition filed by MICROSPHERIX LLC re 130 MOTION to Amend/Correct (LEAVE TO SERVE AMENDED INVALIDITY CONTENTIONS) (Attachments: # 1 Declaration of Tasha Gerasimow, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Certificate of Service)(DRAPER, DAVID)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 03/22/2021)
2021-03-22
1
Letter from David Draper requesting unsealing re 135 Memorandum in Opposition of Motion,,,. (DRAPER, DAVID) (Entered: 03/23/2021)
2021-03-23
1
REPLY BRIEF to Opposition to Motion filed by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC. re 130 MOTION to Amend/Correct (LEAVE TO SERVE AMENDED INVALIDITY CONTENTIONS) (Attachments: # 1 Declaration of Andrew Blythe, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8)(FLAHERTY, JOHN) (Entered: 03/29/2021)
2021-03-29
1
ORDER re 100 MOTION to Dismiss; By 6/4/2021, each party shall deliver to the Court a confidential letter via facsimile, etc. Signed by Judge Claire C. Cecchi on 5/25/2021. (ams, ) (Entered: 05/25/2021)
2021-05-25
1
ORDER granting 101 Letter re Case Schedule. Signed by Chief Mag. Judge Mark Falk on 6/23/2021. (ams, ) (Main Document 139 replaced on 6/23/2021) (ams, ). (Entered: 06/23/2021)
2021-06-23
1
MEMORANDUM OPINION. Signed by Chief Mag. Judge Mark Falk on 6/28/2021. (ams, ) (Entered: 06/28/2021)
2021-06-28
1
ORDER that Defendants' 130 Motion to Amend its invalidity contentions is GRANTED. Signed by Chief Mag. Judge Mark Falk on 6/28/2021. (ams, ) (Entered: 06/28/2021)
2021-06-28
1
Corporate Disclosure Statement by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC. identifying Merck & Co., Inc. as Corporate Parent.. (FLAHERTY, JOHN) (Entered: 06/28/2021)
2021-06-28
1
MOTION to Amend/Correct 27 Amended Complaint, by MICROSPHERIX LLC. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Exhibit B - Second Amended Complaint (Redline), # 3 Brief in Support of Motion for Leave to File Second Amended Complaint, # 4 Declaration of Tasha Gerasimow, # 5 Exhibit 1 to Gerasimow Declaration, # 6 Exhibit 2 to Gerasimow Declaration, # 7 Exhibit 3 to Gerasimow Declaration, # 8 Text of Proposed Order)(DRAPER, DAVID) (Entered: 06/30/2021)
2021-06-30
1
MOTION to Amend/Correct 27 Amended Complaint, by MICROSPHERIX LLC. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Exhibit B - Second Amended Complaint (Redline), # 3 Brief in Support of Motion for Leave to File Second Amended Complaint, # 4 Declaration of Tasha Gerasimow, # 5 Exhibit 1 to Gerasimow Declaration, # 6 Exhibit 2 to Gerasimow Declaration, # 7 Exhibit 3 to Gerasimow Declaration, # 8 Text of Proposed Order)(DRAPER, DAVID) (Entered: 06/30/2021)
2021-06-30
2
Set Deadlines as to 143 MOTION to Amend/Correct 27 Amended Complaint, . Motion set for 8/2/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
2021-07-04
1
No Actions
Set/Reset Motion and R&R Deadlines/Hearings
2021-07-04
1
No Actions
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Julien Xavier Neals for all further proceedings. Judge Claire C. Cecchi no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 7/9/2021. (jc, ) (Entered: 07/12/2021)
2021-07-09
1
Order Reassigning Case
2021-07-12
1
No Actions
ORDER granting Plaintiff Microspherix LLC's 143 Motion for Leave to File Second Amended Complaint. Signed by Chief Mag. Judge Mark Falk on 7/29/2021. (ams, ) (Entered: 07/29/2021)
2021-07-29
1
ORDER granting 122 Motion to Seal. etc. Signed by Chief Mag. Judge Mark Falk on 7/29/2021. (ams, ) (Entered: 07/29/2021)
2021-07-29
1
AMENDED COMPLAINT (Second Amended Complaint for Patent Infringement) against MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA. INC., Organon USA, LLC, filed by MICROSPHERIX LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(DRAPER, DAVID) (Entered: 07/29/2021)
2021-07-29
1
Request for Summons to be Issued by MICROSPHERIX LLC as to ORGANON USA, LLC. (DRAPER, DAVID) (Entered: 07/30/2021)
2021-07-30
1
SUMMONS ISSUED as to ORGANON USA, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (JB, ) (Entered: 08/02/2021)
2021-08-02
1
Letter from David N. Draper enclosing proposed case schedule. (DRAPER, DAVID) (Entered: 08/05/2021)
2021-08-05
1
TEXT ORDER: Counsel are directed to submit a proposed order in connection with their request for an amended case management schedule. So Ordered by Chief Mag. Judge Mark Falk on 8/10/21. (LM, ) (Entered: 08/10/2021)
2021-08-10
1
Letter from David N. Draper enclosing Proposed Order re Case Schedule. (DRAPER, DAVID) (Entered: 08/10/2021)
2021-08-10
1
Order
2021-08-10
1
No Actions
SUMMONS Returned Executed by MICROSPHERIX LLC. ORGANON USA, LLC served on 8/2/2021, answer due 8/23/2021. (DRAPER, DAVID) (Entered: 08/12/2021)
2021-08-12
1
Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Merck Sharp & Dohme Corp., Merck Sharp & Dohme B.V., and Organon USA, LLC.. (BETZ, CYNTHIA) (Entered: 08/12/2021)
2021-08-12
1
The Clerk`s Application for extension of time - The document 154 submitted by ORGANON USA, LLC, MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP. has been GRANTED. The answer due date has been set for 8/26/2021. (JB, )
2021-08-13
1
No Actions
Update Answer Due Deadline
2021-08-13
1
No Actions
ANSWER to Amended Complaint, COUNTERCLAIM against MICROSPHERIX LLC by ORGANON USA, LLC, MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP..(FLAHERTY, JOHN) (Entered: 08/26/2021)
2021-08-26
1
Letter from David Draper re withdrawal of motion re 100 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense. (DRAPER, DAVID) (Entered: 09/16/2021)
2021-09-16
1
MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense by MICROSPHERIX LLC. Responses due by 10/4/2021 (Attachments: # 1 Brief in Support of Microspherix's Motion to Dismiss, # 2 Declaration of Stefan Miller, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Text of Proposed Order)(DRAPER, DAVID) (Entered: 09/16/2021)
2021-09-16
1
ORDER granting 156 Letter requesting to withdraw 100 Motion to Dismiss. Signed by Judge Julien Xavier Neals on 9/17/2021. (ams, ) (Entered: 09/17/2021)
2021-09-17
1
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 157 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense . (BETZ, CYNTHIA) (Entered: 09/20/2021)
2021-09-20
1
Set Deadlines as to 157 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense. Motion set for 10/18/2021 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
2021-09-21
1
No Actions
Set/Reset Motion and R&R Deadlines/Hearings
2021-09-21
1
No Actions
Case Reassigned to Magistrate Judge James B. Clark. Chief Mag. Judge Mark Falk no longer assigned to the case. (mxw)
2021-09-23
1
No Actions
Case Assigned/Reassigned
2021-09-23
1
No Actions
CASE SCHEDULE ORDER, etc. The parties' proposed schedule (see document) is granted. Telephone Status Conference scheduled for December 8, 2021 at 10:30 AM before Magistrate Judge James B. Clark, etc. Signed by Magistrate Judge James B. Clark on 9/24/21. (jc, ) Modified on 9/24/2021 (jc, ). (Entered: 09/24/2021)
2021-09-24
1
BRIEF in Opposition filed by MERCK SHARP & DOHME B.V., MERCK SHARP & DOHME CORP., ORGANON USA, LLC re 157 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense (Attachments: # 1 Declaration of Andrew P. Blythe)(BETZ, CYNTHIA) (Entered: 10/18/2021)
2021-10-18
1
REPLY BRIEF to Opposition to Motion filed by MICROSPHERIX LLC re 157 MOTION to Dismiss Defendants' Second, Fourth, and Sixth Counterclaims and Strike Defendants' Second and Ninth Defense (Attachments: # 1 Declaration of Stefan Miller, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(DRAPER, DAVID) (Entered: 10/25/2021)
2021-10-25
1
Scheduling Order
2021-12-08
1
Letter
2021-12-10
1
Notice to Withdraw from NEF as to Case
2021-12-10
1
Telephone Conference
2021-12-12
1
No Actions
Order
2021-12-15
1
Remark (public)
2021-12-15
1
No Actions
Set/Reset Hearings
2021-12-15
1
No Actions
Order
2022-01-26
1
No Actions
Letter
2022-02-22
1
Order
2022-02-24
1
Notice to Withdraw from NEF as to Case
2022-02-24
1
Letter
2022-02-28
1
Letter
2022-02-28
1
Order
2022-02-28
1
Order
2022-03-02
1
Markman Hearing
2022-03-02
1
Transcript
2022-03-07
1
Scheduling Order
2022-03-24
1
Telephone Conference
2022-03-28
1
No Actions
Notice of Appearance
2022-04-04
1
Letter
2022-04-08
1
Order
2022-04-11
1
Letter
2022-04-14
1
Order
2022-04-18
1
Scheduling Order
2022-05-11
1
Scheduling Order
2022-06-21
1
Telephone Conference
2022-06-21
1
No Actions
Letter
2022-06-29
1
Order
2022-06-30
1
Order on Motion to Dismiss AND Order on Motion to Strike
2022-06-30
1
Remark (public)
2022-07-05
1
No Actions
Brief
2022-07-07
1
Scheduling Order
2022-09-14
1
~Util - Set Hearings AND Order
2022-11-07
1
~Util - Set Hearings AND Order
2023-01-10
1