NEURO AND CARDIAC TECHNOLOGIES, LLC v. NEURONETICS, INC.

2:19-cv-00167

Overview

Case Number 2:19-cv-00167

Filing Date 2019-01-11

Status Terminated

Termination Date 2020-02-21

Court District Court, E.D. Pennsylvania (paed)

Presiding Judge PETRESE B. TUCKER

Nature of Suit 830 Property Rights: Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Defendant

Parties

Defendant

NEURONETICS, INC.

Represented By

2 Attorneys Listed

MICHAEL F. PISCITELLI

FLASTER GREENBERG PC

Tel: +1 (215) 587-5606

1835 MARKET STREET, SUITE 1050

MICHAEL J. BONELLA

FLASTER GREENBERG PC

Tel: +1 (484) 883-1206

1835 MARKET STREET, SUITE 1050

Plaintiff

NEURO AND CARDIAC TECHNOLOGIES, LLC

Represented By

6 Attorneys Listed

PATRICK HARRINGTON

DILWORTH PAXSON, LLP

Tel: +1 (215) 575-7236

1500 MARKET STREET, SUITE 3500E

SHAWN A. LATCHFORD

Bruster PLLC

Tel: +1 (817) 601-9564

Fax: +1 (817) 796-2929

680 N. Carroll Ave., Suite 110, Southlake, TX 76092

ERIC M. ALBITTON

NELSON BUMGARDNER ALBRITTON PC

Tel: +1 (817) 377-9111

3131 W. 7TH ST SUITE 300, FORT WORTH, TX 76107

ANDREW J. WRIGHT

NELSON BUMGARDNER ALBRITTON PC

Tel: +1 (817) 377-9111

3131 WEST 7TH ST SUITE 300, FT WORTH, TX 76107

EDWARD FREDERICK BEHM , JR.

ARMSTRONG TEASDALE, LLP

Tel: +1 (267) 780-2030

Fax: +1 (215) 405-9070

2005 MARKET STREET, 29TH FLOOR

THOMAS S. BIEMER

DILWORTH PAXSON

Tel: +1 (215) 575-7025

Fax: +1 (215) 575-7200

DILWORTH PAXSON, 1500 MARKET STREET

Court & Judges

Court

District Court, E.D. Pennsylvania (paed)

Presiding Judge

PETRESE B. TUCKER

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US6366814	Espacenet Google Patents

Docket Entries

COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

2019-01-11

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COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

2019-01-11

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COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

2019-01-11

View

COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

2019-01-11

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NEURO AND CARDIAC TECHNOLOGIES, LLC v. NEURONETICS, INC.

Overview

Parties

Defendant

NEURONETICS, INC. Follow

Represented By

Plaintiff

NEURO AND CARDIAC TECHNOLOGIES, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

COMPLAINT against NEURONETICS, INC. ( Filing fee $ 400 receipt number 190781.), filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit)(jwl, ) (Entered: 01/11/2019)

Disclosure Statement Form pursuant to FRCP 7.1 by NEURO AND CARDIAC TECHNOLOGIES, LLC.(jwl, ) (Entered: 01/11/2019)

REPORT on the filing or determination of an action regarding patent number 6366814B1. (jwl, ) (Entered: 01/11/2019)

NOTICE of Appearance by EDWARD FREDERICK BEHM, JR on behalf of NEURO AND CARDIAC TECHNOLOGIES, LLC (BEHM, EDWARD) (Entered: 01/11/2019)

DEMAND for Trial by Jury by NEURO AND CARDIAC TECHNOLOGIES, LLC. (jwl, )

Summons Issued as to NEURONETICS, INC.. One Forwarded To: Counsel on 1/11/19 (jwl, )

SUMMONS Returned Executed by NEURO AND CARDIAC TECHNOLOGIES, LLC re: Vincent Robinson served Summons and Complaint upon NEURONETICS, INC.. NEURONETICS, INC. served on 1/17/2019, answer due 2/7/2019. (BIEMER, THOMAS) (Entered: 01/25/2019)

NOTICE of Appearance by MICHAEL J. BONELLA on behalf of NEURONETICS, INC. (Attachments: # 1 Certificate of Service)(BONELLA, MICHAEL) (Entered: 01/29/2019)

MOTION for Pro Hac Vice of Eric M. Albitton filed by NEURO AND CARDIAC TECHNOLOGIES, LLC.Certificate of Service. (Attachments: # 1 Applicant's Statement, # 2 Text of Proposed Order, # 3 Certificate of Service)(BIEMER, THOMAS) Modified on 1/31/2019 (jl, ). (FEE PAID ON 1/30/19) (Entered: 01/29/2019)

MOTION for Pro Hac Vice of Andrew J. Wright filed by NEURO AND CARDIAC TECHNOLOGIES, LLC.Certificate of Service. (Attachments: # 1 Applicant's Statement, # 2 Text of Proposed Order, # 3 Certificate of Service)(BIEMER, THOMAS) Modified on 1/31/2019 (jl, ).(FEE PAID ON 1/30/19) (Entered: 01/29/2019)

ORDER THAT THE APPLICATION OF ERIC M. ALBITTON TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/30/19. 2/4/19 ENTERED AND COPIES MAILED AND E-MAILED.(jl, ) (Entered: 02/04/2019)

ORDER THAT THE APPLICATION OF ANDREW J. WRIGHT TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/30/19. 2/4/19 ENTERED AND COPIES MAILED AND E-MAILED.(jl, ) (Entered: 02/04/2019)

STIPULATION AND ORDER THAT NEURONETICS, INC. TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED TO 3/11/19; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 2/4/19. 2/4/19 ENTERED AND COPIES MAILED AND E-MAILED.(jl, ) (Entered: 02/04/2019)

ANSWER to 1 Complaint, together with Affirmative Defenses and Other Defenses by NEURONETICS, INC.. (Attachments: # 1 Exhibit 1)(BONELLA, MICHAEL) (Entered: 03/11/2019)

Disclosure Statement Form pursuant to FRCP 7.1 by NEURONETICS, INC.. (Attachments: # 1 Certificate of Service)(BONELLA, MICHAEL) (Entered: 03/11/2019)

NOTICE of Hearing: Rule 16 SCHEDULING CONFERENCE SET FOR 4/29/2019 11:00 AM BEFORE HONORABLE PETRESE B. TUCKER.(adr) (Entered: 04/01/2019)

MOTION Regarding Rule 16 Conference filed by NEURO AND CARDIAC TECHNOLOGIES, LLC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(ALBITTON, ERIC) (Entered: 04/11/2019)

NOTICE of Appearance by MICHAEL F. PISCITELLI on behalf of NEURONETICS, INC. (Attachments: # 1 Certificate of Service)(PISCITELLI, MICHAEL) (Entered: 04/12/2019)

ORDER THAT PLAINTIFF'S UNCONTESTED MOTION REGARDING RULE 16 CONFERENCE IS GRANTED. ERIC ALBRITTION IS EXCUSED FROM ATTENDING THE RULE 16 CONFERENCE ON 4/29/19; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 4/15/19.4/15/19 ENTERED AND E-MAILED.(jl, ) (Entered: 04/15/2019)

Report Of Joint Discovery/Case Management Plan Under Rule 26(f) by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(ALBITTON, ERIC) (Entered: 04/22/2019)

Minute Entry for proceedings held before HONORABLE PETRESE B. TUCKER Pretrial Conference held on 4/29/19. (jl, ) (Main Document 19 replaced on 5/1/2019) (jl, ). (Entered: 04/30/2019)

ORDER THAT THE MARKMAN HEARING IN THIS MATTER SHALL COMMENCE AT 11:00 A.M. ON 11/12/19; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/1/19. 5/1/19 ENTERED AND E-MAILED.(jl, ) (Entered: 05/01/2019)

PROTECTIVE ORDER WITH COURT APPROVAL RE: CERTAIN STATEMENTS; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/1/19. 5/1/19 ENTERED AND E-MAILED.(jl, ) (Entered: 05/01/2019)

Set/Reset Scheduling Order Deadlines: AMENDED PLEADINGS DUE BY 6/1/2020. (jl, )

Set/Reset Scheduling Order Deadlines

NOTICE by NEURONETICS, INC. of service of Initial Disclosures (BONELLA, MICHAEL) (Entered: 05/06/2019)

APPLICATION for Admission Pro Hac Vice of Shawn A. Latchford by NEURO AND CARDIAC TECHNOLOGIES, LLC.. (Attachments: # 1 Applicant's Statement, # 2 Text of Proposed Order, # 3 Certificate of Service)(BIEMER, THOMAS) Modified on 8/29/2019 (jl, ). (FEE PAID ON 8/28/19) (Entered: 08/22/2019)

Disclosure with Certificate of Service (Joint Claim Construction and Prehearing Statement) by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ALBITTON, ERIC) (Entered: 08/28/2019)

ORDER THAT THE APPLICATION OF SHAWN A. LATCHFORD TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 9/25/19. 9/25/19 ENTERED AND MAILED WITH FORMS AND E-MAILED.(jl, ) (Entered: 09/25/2019)

MOTION for Leave to File Dispositive Motion filed by NEURONETICS, INC... (Attachments: # 1 Memorandum In Support of Motion for Leave to File Dispositive Motion, # 2 Exhibit A, # 3 Text of Proposed Order, # 4 Certificate of Service)(BONELLA, MICHAEL) (Entered: 10/07/2019)

NOTICE by NEURO AND CARDIAC TECHNOLOGIES, LLC regarding Clarification of Claim Construction Position (ALBITTON, ERIC) (Entered: 10/09/2019)

RESPONSE to Motion re 28 MOTION for Leave to File Dispositive Motion filed by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order Proposed Order)(ALBITTON, ERIC) (Entered: 10/09/2019)

Memorandum Opening Claim Construction Brief by NEURONETICS, INC.. (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 - Part 2, # 3 Exhibit 1 - Part 3, # 4 Exhibit 1- Part 4, # 5 Certificate of Service) (BONELLA, MICHAEL) (Entered: 10/15/2019)

Memorandum Opening Claim Construction Brief by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order Proposed Order) (ALBITTON, ERIC) (Entered: 10/15/2019)

Response to Defendant's Opening Claim Construction Brief by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Exhibit 1) (ALBITTON, ERIC) (Entered: 10/28/2019)

Response to Plaintiff's Opening Claim Construction Brief by NEURONETICS, INC.. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service) (BONELLA, MICHAEL) (Entered: 10/28/2019)

Joint Claim Construction Chart Pursuant to P.R. 4-5(c) by NEURO AND CARDIAC TECHNOLOGIES, LLC. (Attachments: # 1 Exhibit A)(ALBITTON, ERIC) Modified on 11/4/2019 (fb). (Entered: 11/01/2019)

NOTICE by NEURO AND CARDIAC TECHNOLOGIES, LLC of Joint Appendix (Attachments: # 1 Exhibit A, # 2 Exhibit, # 3 Exhibit)(ALBITTON, ERIC) (Entered: 11/08/2019)

NOTICE of Appearance by PATRICK HARRINGTON on behalf of NEURO AND CARDIAC TECHNOLOGIES, LLC with Certificate of Service(HARRINGTON, PATRICK) (Entered: 11/12/2019)

Minute Entry for proceedings held before HONORABLE PETRESE B. TUCKER MARKMAN HEARING held on 11/12/19. Court Reporter: SUZANNE WHITE. (jl, ) (Entered: 11/13/2019)

TRANSCRIPT of Proceedings held on 11/12/19 before Judge TUCKER. Court Reporter: SUZANNE WHITE. MARKMAN HEARING (jl, ) (Entered: 11/26/2019)

Transcript - No PDF

Joint MOTION to Dismiss filed by NEURONETICS, INC... (Attachments: # 1 Order of Dismissal with Prejudice, # 2 Judgment)(BONELLA, MICHAEL) (Entered: 02/20/2020)

Joint MOTION to Dismiss filed by NEURONETICS, INC... (Attachments: # 1 Order of Dismissal with Prejudice, # 2 Judgment)(BONELLA, MICHAEL) (Entered: 02/20/2020)

Joint MOTION to Dismiss filed by NEURONETICS, INC... (Attachments: # 1 Order of Dismissal with Prejudice, # 2 Judgment)(BONELLA, MICHAEL) (Entered: 02/20/2020)

CERTIFICATE OF SERVICE by NEURONETICS, INC. re 42 Joint MOTION to Dismiss (BONELLA, MICHAEL) (Entered: 02/20/2020)

Track Case Updates

NEURONETICS, INC.

NEURO AND CARDIAC TECHNOLOGIES, LLC