Northwestern University v. ABB Ltd.

COMPLAINT for Patent Infringement filed with Jury Demand against ABB Inc., ABB Ltd. - Magistrate Consent Notice to Pltf. (Filing fee $402, receipt number ADEDC-3507176.) - filed by Northwestern University. (Attachments: # 1 Exhibits 1-24, # 2 Civil Cover Sheet)(kmd) (Entered: 02/04/2021)

2021-02-04

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd) (Entered: 02/04/2021)

2021-02-04

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,907,317 B2; 6,928,336 B2; 7,120,508 B2. (kmd) (Entered: 02/04/2021)

2021-02-04

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Northwestern University. (kmd) (Entered: 02/04/2021)

2021-02-04

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Summonses Issued (please complete the top portion of the form and print out for use/service). (kmd) (Entered: 02/04/2021)

2021-02-04

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SUMMONS Returned Executed by Northwestern University. ABB Inc. served on 2/5/2021, answer due 2/26/2021. (Tigan, Jeremy) (Entered: 02/05/2021)

2021-02-05

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Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:21-cv-00149-CFC, 1:21-cv-00150-CFC (rjb)

2021-02-10

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Case Assigned/Reassigned

2021-02-10

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WAIVER OF SERVICE returned executed by Northwestern University: For ABB Ltd. waiver sent on 2/22/2021, answer due 4/23/2021. (Tigan, Jeremy) (Entered: 02/25/2021)

2021-02-25

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STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to May 27, 2021 - filed by Northwestern University. (Tigan, Jeremy) (Entered: 02/25/2021)

2021-02-25

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NOTICE of Appearance by Chad S.C. Stover on behalf of ABB Inc., ABB Ltd. (Stover, Chad) (Entered: 02/25/2021)

2021-02-25

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SO ORDERED, re 8 STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to May 27, 2021 filed by Northwestern University, Set/Reset Answer Deadlines: ABB Inc. answer due 5/27/2021; ABB Ltd. answer due 5/27/2021. Signed by Judge Colm F. Connolly on 2/25/2021. (fms)

2021-02-25

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2021-02-25

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NOTICE of Appearance by Brian A. Biggs on behalf of ABB Inc., ABB Ltd. (Biggs, Brian) (Entered: 03/04/2021)

2021-03-04

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NOTICE of Appearance by Erin E. Larson on behalf of ABB Inc., ABB Ltd. (Larson, Erin) (Entered: 03/05/2021)

2021-03-05

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MOTION for Pro Hac Vice Appearance of Attorney Sean Cunningham and Brent Yamashita - filed by ABB Inc., ABB Ltd.. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Sean Cunningham, # 3 Certification of Brent Yamashita)(Biggs, Brian) (Entered: 03/05/2021)

2021-03-05

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SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Sean Cunningham and Brent Yamashita filed by ABB Ltd., ABB Inc. Signed by Judge Colm F. Connolly on 3/8/2021. (fms)

2021-03-08

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Pro Hac Vice Attorney Sean C. Cunningham for ABB Inc. and ABB Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

2021-03-08

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Add Attorneys - PHV only

2021-03-08

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SO ORDERED

2021-03-08

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NOTICE of Withdrawal of Appearance of Chad S.C. Stover by ABB Inc., ABB Ltd. (Biggs, Brian) (Entered: 03/17/2021)

2021-03-17

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MOTION for Pro Hac Vice Appearance of Attorney Nevin M. Gewertz, Rebecca T. Horwitz and Meg E. Fasulo - filed by Northwestern University. (Tigan, Jeremy) (Entered: 04/26/2021)

2021-04-26

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SO ORDERED, re (13 in 1:21-cv-00149-CFC, 14 in 1:21-cv-00150-CFC) MOTION for Pro Hac Vice Appearance of Attorney Nevin M. Gewertz, Rebecca T. Horwitz and Meg E. Fasulo filed by Northwestern University. Signed by Judge Colm F. Connolly on 4/27/2021. Associated Cases: 1:21-cv-00149-CFC, 1:21-cv-00150-CFC(fms)

2021-04-27

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SO ORDERED

2021-04-27

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MOTION to Dismiss for Failure to State a Claim - filed by ABB Inc., ABB Ltd.. (Attachments: # 1 Text of Proposed Order)(Biggs, Brian) (Entered: 05/27/2021)

2021-05-27

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OPENING BRIEF in Support re 15 MOTION to Dismiss for Failure to State a Claim filed by ABB Inc., ABB Ltd..Answering Brief/Response due date per Local Rules is 6/10/2021. (Biggs, Brian) (Entered: 05/27/2021)

2021-05-27

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Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent ABB Ltd. for ABB Inc. filed by ABB Inc., ABB Ltd.. (Biggs, Brian) (Entered: 05/27/2021)

2021-05-27

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STIPULATION TO EXTEND TIME to File Responsive and Reply Briefs Regarding Motion to Dismiss to June 23, 2021 and July 7, 2021 - filed by Northwestern University. (Tigan, Jeremy) (Entered: 06/03/2021)

2021-06-03

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SO ORDERED, re 18 STIPULATION TO EXTEND TIME to File Responsive and Reply Briefs Regarding Motion to Dismiss to June 23, 2021 and July 7, 2021 filed by Northwestern University. Set Briefing Schedule: re 15 MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 6/23/2021., Reply Brief due 7/7/2021.). Signed by Judge Colm F. Connolly on 6/4/2021. (fms)

2021-06-04

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

2021-06-04

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First AMENDED COMPLAINT against ABB Inc., ABB Ltd.- filed by Northwestern University. (Attachments: # 1 Exhibits 1-24)(Tigan, Jeremy) (Entered: 06/17/2021)

2021-06-17

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STIPULATION TO EXTEND TIME to Answer the Amended Complaint to July 15, 2021 - filed by ABB Inc., ABB Ltd.. (Biggs, Brian) (Entered: 06/30/2021)

2021-06-30

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SO ORDERED, re 20 STIPULATION TO EXTEND TIME to Answer the Amended Complaint to July 15, 2021 filed by ABB Ltd., ABB Inc. Set/Reset Answer Deadlines: ABB Inc. answer due 7/15/2021; ABB Ltd. answer due 7/15/2021. Signed by Judge Colm F. Connolly on 7/1/2021. (fms)

2021-07-01

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2021-07-01

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MOTION for Pro Hac Vice Appearance of Attorney Mac LeBuhn of Bartlit Beck LLP - filed by Northwestern University. (Tigan, Jeremy) (Entered: 07/02/2021)

2021-07-02

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SO ORDERED, re (21 in 1:21-cv-00150-CFC, 20 in 1:21-cv-00149-CFC) MOTION for Pro Hac Vice Appearance of Attorney Mac LeBuhn of Bartlit Beck LLP filed by Northwestern University. Signed by Judge Colm F. Connolly on 7/7/2021. Associated Cases: 1:21-cv-00149-CFC, 1:21-cv-00150-CFC(fms)

2021-07-07

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SO ORDERED

2021-07-07

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MOTION to Dismiss for Failure to State a Claim - filed by ABB Inc., ABB Ltd. (Biggs, Brian) Modified on 12/15/2021 (dlw). (Entered: 07/15/2021)

2021-07-15

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OPENING BRIEF in Support re 22 MOTION to Dismiss for Failure to State a Claim filed by ABB Inc., ABB Ltd. Answering Brief/Response due date per Local Rules is 7/29/2021. (Biggs, Brian) Modified on 12/15/2021 (dlw). (Entered: 07/15/2021)

2021-07-15

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ANSWERING BRIEF in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Northwestern University. Reply Brief due date per Local Rules is 8/5/2021. (Tigan, Jeremy) Modified on 12/15/2021 (dlw). (Entered: 07/29/2021)

2021-07-29

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REPLY BRIEF re 22 MOTION to Dismiss for Failure to State a Claim filed by ABB Inc., ABB Ltd. (Biggs, Brian) Modified on 12/15/2021 (dlw). (Entered: 08/05/2021)

2021-08-05

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REQUEST for Oral Argument by ABB Inc., ABB Ltd. re 22 MOTION to Dismiss for Failure to State a Claim Defendants ABB Inc. and ABB Ltd.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (Biggs, Brian) (Entered: 08/10/2021)

2021-08-10

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NOTICE of Subsequent Authority by Northwestern University (Attachments: # 1 Exhibit 1)(Tigan, Jeremy) (Entered: 10/12/2021)

2021-10-12

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Case Assigned/Reassigned

2021-12-15

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Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:21-cv-00149-MN, 1:21-cv-00150-MN (rjb)

2021-12-15

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ORAL ORDER Setting TELEPHONIC Hearing on (21 in 1:21-cv-00149-MN) (22 in 1:21-cv-00150-MN) MOTION to Dismiss - IT IS HEREBY ORDERED that a TELEPHONIC Motion Hearing is set for 3/3/2022 at 11:00 AM before Judge Maryellen Noreika. The Court is setting aside one (1) hour for the hearing with the time split equally between Plaintiff and Defendants. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hour prior to the hearing, with two hard copies delivered to the Court within an hour thereafter. The parties may, however, agree upon a different time to exchange their respective slides. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 2/25/2022. (dlw) (Entered: 02/25/2022)

2022-02-25

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Order Setting Hearing on Motion

2022-02-25

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Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding the March 3, 2022 Telephonic Hearing. (Tigan, Jeremy) (Entered: 03/02/2022)

2022-03-02

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Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held via telephone on 3/3/2022 re defendants' motions to dismiss under 35 U.S.C. § 101. After hearing arguments, the motions are DENIED; an order will be issued in due course. (Court Reporter Dale Hawkins.) Associated Cases: 1:21-cv-00149-MN, 1:21-cv-00150-MN(mdb)

2022-03-03

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Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held via telephone on 3/3/2022 re defendants' motions to dismiss under 35 U.S.C. ยง 101. After hearing arguments, the motions are DENIED; an order will be issued in due course. (Court Reporter Dale Hawkins.) Associated Cases: 1:21-cv-00149-MN, 1:21-cv-00150-MN(mdb)

2022-03-03

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Motion Hearing AND ~Util - Terminate Motions

2022-03-03

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~Util - Terminate Motions AND Motion Hearing

2022-03-03

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STIPULATION TO EXTEND TIME for Defendants to respond to Plaintiff's First Amended Complaint to March 25, 2022 - filed by ABB Inc., ABB Ltd.. (Biggs, Brian) (Entered: 03/17/2022)

2022-03-17

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SO ORDERED re 30 STIPULATION TO EXTEND TIME for Defendants to respond to Plaintiff's First Amended Complaint to March 25, 2022 (Set/Reset Answer Deadlines: ABB Inc. answer due 3/25/2022; ABB Ltd. answer due 3/25/2022). ORDERED by Judge Maryellen Noreika on 3/17/2022. (dlw)

2022-03-17

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2022-03-17

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ANSWER to Amended Complaint, re: 19 Amended Complaint with Jury Demand by ABB Inc., ABB Ltd.(Biggs, Brian) Modified on 3/28/2022 (dlw). (Entered: 03/25/2022)

2022-03-25

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Official Transcript of Motion Hearing held on 03/03/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 4/18/2022. Redacted Transcript Deadline set for 4/28/2022. Release of Transcript Restriction set for 6/27/2022. (dh) (Entered: 03/28/2022)

2022-03-28

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ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiff serves its opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 3/28/2022. (dlw) (Entered: 03/28/2022)

2022-03-28

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MEMORANDUM ORDER DENYING Universal Robots A/S and Universal Robots USA, Inc.'s Motion to Dismiss for Failure to State a Claim (C.A. No. 21-149, D.I. 21) and DENYING ABB Ltd. and ABB Inc.'s Motion to Dismiss for Failure to State a Claim (C.A. No. 21-150, D.I. 22). Signed by Judge Maryellen Noreika on 3/28/2022.(dlw) (Entered: 03/28/2022)

2022-03-28

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Oral Order

2022-03-28

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Pro Hac Vice Attorney Nevin M. Gewertz,Rebecca T. Horwitz,MacGregor LeBuhn,and Meg E Fasulo for Northwestern University added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

2022-03-30

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Add Attorneys - PHV only

2022-03-30

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Joint PROPOSED ORDER -- [Proposed] Scheduling Order -- re (33 in 1:21-cv-00150-MN, 33 in 1:21-cv-00149-MN) Oral Order,,,,,,, by Northwestern University. (Attachments: # 1 Cover Letter to The Honorable Maryellen Noreika)(Tigan, Jeremy) (Entered: 04/27/2022)

2022-04-27

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ORAL ORDER re (35 in 1:21-cv-00150-MN, 35 in 1:21-cv-00149-MN) Proposed Scheduling Order - Having reviewed the parties' proposed scheduling order, IT IS HEREBY ORDERED that Plaintiff's proposal is ADOPTED. The Claim Construction hearing shall be held on 4/13/2023 at 10:00 AM; the Pretrial Conference shall be held on 4/1/2024 at 11:00 AM; and the 4 day jury trials shall be held on 4/8/2024 and 4/15/2024. The parties shall submit a revised proposed scheduling order incorporating these rulings on or before 5/16/2022. ORDERED by Judge Maryellen Noreika on 5/9/2022. (dlw) (Entered: 05/09/2022)

2022-05-09

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Oral Order

2022-05-09

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Joint PROPOSED ORDER // Scheduling Order re (36 in 1:21-cv-00149-MN, 36 in 1:21-cv-00150-MN) Oral Order by Northwestern University. (Tigan, Jeremy) Modified on 5/12/2022 (dlw). (Entered: 05/12/2022)

2022-05-12

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SCHEDULING ORDER: Joinder of Parties due by 8/27/2022. Amended Pleadings due by 8/27/2022. Fact Discovery completed by 11/10/2022. Opening Expert Reports due by 5/19/2023. Rebuttal Expert Reports due by 6/23/2023. Reply Expert Reports due by 7/14/2023. Expert Discovery due by 9/29/2023. Dispositive Motions due by 10/20/2023. Claim Construction Opening Brief served by 1/20/2023. Claim Construction Answering Brief served by 2/17/2023. Claim Construction Reply Brief served by 3/3/2023. Claim Construction Surreply Brief served by 3/10/2023. Joint Claim Construction Brief filed by 3/17/2023. A Markman Hearing is set for 4/13/2023 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 4/1/2024 at 11:00 AM in Courtroom 4A before Judge Maryellen Noreika. The first 4-day Jury Trial is set for 4/8/2024 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. The second 4-day Jury Trial is set for 4/15/2024 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 5/19/2022. (dlw) (Entered: 05/19/2022)

2022-05-19

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NOTICE OF SERVICE of (1) Plaintiff Northwestern University's Identification of Accused Products, Asserted Patents, and Damages Model; (2) Northwestern's First Set of Common Interrogatories (Nos. 1-10); (3) Northwestern's First Set of Specific Interrogatories (Nos. 1-2); and (4) Northwestern's First Set of Requests for Production (Nos. 1-51) filed by Northwestern University.(Tigan, Jeremy) (Entered: 05/20/2022)

2022-05-20

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STIPULATION TO EXTEND TIME to submit a protective order to June 7, 2022 and regarding disclosure of confidential information - filed by Northwestern University. (Tigan, Jeremy) (Entered: 05/31/2022)

2022-05-31

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SO ORDERED re (40 in 1:21-cv-00150-MN, 40 in 1:21-cv-00149-MN) STIPULATION TO EXTEND TIME to submit a protective order to June 7, 2022 and regarding disclosure of confidential information. Signed by Judge Maryellen Noreika on 5/31/2022. (dlw) (Entered: 05/31/2022)

2022-05-31

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NOTICE OF SERVICE of Plaintiff's Initial Disclosures filed by Northwestern University.(Tigan, Jeremy) (Entered: 06/02/2022)

2022-06-02

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NOTICE OF SERVICE of Defendants ABB Inc. and ABB Ltd.'s Initial Disclosures filed by ABB Inc., ABB Ltd..(Biggs, Brian) (Entered: 06/02/2022)

2022-06-02

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STIPULATION TO EXTEND TIME to submit a protective order to June 14, 2022 - filed by Northwestern University. (Tigan, Jeremy) (Entered: 06/07/2022)

2022-06-07

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SO ORDERED re (44 in 1:21-cv-00150-MN, 45 in 1:21-cv-00149-MN) STIPULATION TO EXTEND TIME to submit a protective order to June 14, 2022. ORDERED by Judge Maryellen Noreika on 6/7/2022. (dlw)

2022-06-07

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SO ORDERED

2022-06-07

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PROPOSED ORDER // Protective Order by Northwestern University. (Tigan, Jeremy) Modified on 6/13/2022 (dlw). (Entered: 06/10/2022)

2022-06-10

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PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 6/13/2022. (dlw) (Entered: 06/13/2022)

2022-06-13

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STIPULATION TO EXTEND TIME for Defendants Universal Robots A/S, Universal Robots USA, Inc., ABB Ltd and ABB Inc. to produce their core technical documents and sales figures to and including June 21, 2022 - filed by Universal Robots A/S, Universal Robots USA, Inc.. (Haynes, Christine) (Entered: 06/15/2022)

2022-06-15

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SO ORDERED

2022-06-15

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SO ORDERED re (47 in 1:21-cv-00150-MN, 48 in 1:21-cv-00149-MN) STIPULATION TO EXTEND TIME for Defendants Universal Robots A/S, Universal Robots USA, Inc., ABB Ltd and ABB Inc. to produce their core technical documents and sales figures to and including June 21, 2022. ORDERED by Judge Maryellen Noreika on 6/15/2022. (dlw)

2022-06-15

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NOTICE OF SERVICE of Northwestern University's Initial ESI Disclosures filed by Northwestern University.(Tigan, Jeremy) (Entered: 06/21/2022)

2022-06-21

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NOTICE OF SERVICE of Defendants ABB Inc. and ABB Ltd.'s Core Technical Documents and Sales Figures Related to the Accused Product(s) Bates Stamped ABB 0000001 - ABB 0017386 filed by ABB Inc., ABB Ltd..(Biggs, Brian) (Entered: 06/22/2022)

2022-06-22

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NOTICE OF SERVICE of (1) Defendants' Responses to Northwestern's First Set of Requests for Production (Nos. 1-51); (2) Defendants ABB Ltd. and ABB Inc.'s Answer to Plaintiff's First Set of Common Interrogatories (Nos. 1-10); and (3) Defendants' Responses to Northwestern's First Set of Specific Interrogatories (Nos. 1-2) filed by ABB Inc., ABB Ltd. (Biggs, Brian) Modified on 6/29/2022 (dlw) (Entered: 06/28/2022)

2022-06-28

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Joint STIPULATION & [Proposed] Order to Stay All Deadlines by Northwestern University. (Tigan, Jeremy) (Entered: 07/19/2022)

2022-07-19

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SO ORDERED

2022-07-19

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SO ORDERED re 51 Stipulation and Order to Stay All Deadlines - IT IS HEREBY ORDERED that the deadlines in this action are stayed through 9/9/2022. If the parties do not reach a settlement by that date, they shall submit a joint status report. ORDERED by Judge Maryellen Noreika on 7/19/2022. (dlw)

2022-07-19

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MOTION for Pro Hac Vice Appearance of Attorney Katherine E. Rhoades of BARTLIT BECK LLP - filed by Northwestern University. (Tigan, Jeremy) (Entered: 09/08/2022)

2022-09-08

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SO ORDERED re (52 in 1:21-cv-00150-MN, 86 in 1:21-cv-00149-MN) MOTION for Pro Hac Vice Appearance of Attorney Katherine E. Rhoades of BARTLIT BECK LLP filed by Northwestern University. ORDERED by Judge Maryellen Noreika on 9/8/2022. (dlw)

2022-09-08

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SO ORDERED

2022-09-08

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Joint STATUS REPORT by Northwestern University. (Tigan, Jeremy) (Entered: 09/09/2022)

2022-09-09

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ORAL ORDER re 53 Joint Status Report - IT IS HEREBY ORDERED that the stay in this action is extended until 9/30/2022. The parties shall file a further joint status report on or before 9/30/2022. ORDERED by Judge Maryellen Noreika on 9/9/2022. (dlw) (Entered: 09/09/2022)

2022-09-09

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Oral Order

2022-09-09

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Joint STATUS REPORT by Northwestern University. (Tigan, Jeremy) (Entered: 09/30/2022)

2022-09-30

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ORAL ORDER re 55 Joint Status Report - IT IS HEREBY ORDERED that the stay in this action is extended until 10/14/2022. The parties shall file a further joint status report on or before 10/14/2022. ORDERED by Judge Maryellen Noreika on 10/3/2022. (dlw) (Entered: 10/03/2022)

2022-10-03

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Oral Order

2022-10-03

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Joint STATUS REPORT by Northwestern University. (Tigan, Jeremy) (Entered: 10/14/2022)

2022-10-14

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ORAL ORDER re 57 Joint Status Report - IT IS HEREBY ORDERED that they stay in this action is extended until 10/21/2022. The parties shall file a further joint status report on or before 10/21/2022 if the case is not dismissed before that time. ORDERED by Judge Maryellen Noreika on 10/17/2022. (dlw) (Entered: 10/17/2022)

2022-10-17

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Oral Order

2022-10-17

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STIPULATION of Dismissal Pursuant to Rule 41(A)(1)(a)(ii) by Northwestern University. (Tigan, Jeremy) Modified on 10/19/2022 (dlw). (Entered: 10/19/2022)

2022-10-19

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SO ORDERED re 59 Stipulation of Dismissal. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 10/19/2022. (dlw) (Entered: 10/19/2022)

2022-10-19

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s). (Attachments: # 1 Stipulation of dismissal)(mdb) (Entered: 10/19/2022)

2022-10-19

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Overview

Parties

Defendant

ABB Inc. Follow

Represented By

ABB Ltd. Follow

Represented By

Plaintiff

Northwestern University Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement filed with Jury Demand against ABB Inc., ABB Ltd. - Magistrate Consent Notice to Pltf. (Filing fee $402, receipt number ADEDC-3507176.) - filed by Northwestern University. (Attachments: # 1 Exhibits 1-24, # 2 Civil Cover Sheet)(kmd) (Entered: 02/04/2021)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd) (Entered: 02/04/2021)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,907,317 B2; 6,928,336 B2; 7,120,508 B2. (kmd) (Entered: 02/04/2021)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Northwestern University. (kmd) (Entered: 02/04/2021)

Summonses Issued (please complete the top portion of the form and print out for use/service). (kmd) (Entered: 02/04/2021)

SUMMONS Returned Executed by Northwestern University. ABB Inc. served on 2/5/2021, answer due 2/26/2021. (Tigan, Jeremy) (Entered: 02/05/2021)

Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:21-cv-00149-CFC, 1:21-cv-00150-CFC (rjb)

Case Assigned/Reassigned

WAIVER OF SERVICE returned executed by Northwestern University: For ABB Ltd. waiver sent on 2/22/2021, answer due 4/23/2021. (Tigan, Jeremy) (Entered: 02/25/2021)

STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to May 27, 2021 - filed by Northwestern University. (Tigan, Jeremy) (Entered: 02/25/2021)

NOTICE of Appearance by Chad S.C. Stover on behalf of ABB Inc., ABB Ltd. (Stover, Chad) (Entered: 02/25/2021)

SO ORDERED, re 8 STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to May 27, 2021 filed by Northwestern University, Set/Reset Answer Deadlines: ABB Inc. answer due 5/27/2021; ABB Ltd. answer due 5/27/2021. Signed by Judge Colm F. Connolly on 2/25/2021. (fms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

NOTICE of Appearance by Brian A. Biggs on behalf of ABB Inc., ABB Ltd. (Biggs, Brian) (Entered: 03/04/2021)

NOTICE of Appearance by Erin E. Larson on behalf of ABB Inc., ABB Ltd. (Larson, Erin) (Entered: 03/05/2021)

MOTION for Pro Hac Vice Appearance of Attorney Sean Cunningham and Brent Yamashita - filed by ABB Inc., ABB Ltd.. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Sean Cunningham, # 3 Certification of Brent Yamashita)(Biggs, Brian) (Entered: 03/05/2021)

SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Sean Cunningham and Brent Yamashita filed by ABB Ltd., ABB Inc. Signed by Judge Colm F. Connolly on 3/8/2021. (fms)

Pro Hac Vice Attorney Sean C. Cunningham for ABB Inc. and ABB Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)

Add Attorneys - PHV only

SO ORDERED

NOTICE of Withdrawal of Appearance of Chad S.C. Stover by ABB Inc., ABB Ltd. (Biggs, Brian) (Entered: 03/17/2021)

MOTION for Pro Hac Vice Appearance of Attorney Nevin M. Gewertz, Rebecca T. Horwitz and Meg E. Fasulo - filed by Northwestern University. (Tigan, Jeremy) (Entered: 04/26/2021)

SO ORDERED

MOTION to Dismiss for Failure to State a Claim - filed by ABB Inc., ABB Ltd.. (Attachments: # 1 Text of Proposed Order)(Biggs, Brian) (Entered: 05/27/2021)

OPENING BRIEF in Support re 15 MOTION to Dismiss for Failure to State a Claim filed by ABB Inc., ABB Ltd..Answering Brief/Response due date per Local Rules is 6/10/2021. (Biggs, Brian) (Entered: 05/27/2021)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent ABB Ltd. for ABB Inc. filed by ABB Inc., ABB Ltd.. (Biggs, Brian) (Entered: 05/27/2021)

STIPULATION TO EXTEND TIME to File Responsive and Reply Briefs Regarding Motion to Dismiss to June 23, 2021 and July 7, 2021 - filed by Northwestern University. (Tigan, Jeremy) (Entered: 06/03/2021)

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

First AMENDED COMPLAINT against ABB Inc., ABB Ltd.- filed by Northwestern University. (Attachments: # 1 Exhibits 1-24)(Tigan, Jeremy) (Entered: 06/17/2021)

STIPULATION TO EXTEND TIME to Answer the Amended Complaint to July 15, 2021 - filed by ABB Inc., ABB Ltd.. (Biggs, Brian) (Entered: 06/30/2021)

SO ORDERED, re 20 STIPULATION TO EXTEND TIME to Answer the Amended Complaint to July 15, 2021 filed by ABB Ltd., ABB Inc. Set/Reset Answer Deadlines: ABB Inc. answer due 7/15/2021; ABB Ltd. answer due 7/15/2021. Signed by Judge Colm F. Connolly on 7/1/2021. (fms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Mac LeBuhn of Bartlit Beck LLP - filed by Northwestern University. (Tigan, Jeremy) (Entered: 07/02/2021)

SO ORDERED, re (21 in 1:21-cv-00150-CFC, 20 in 1:21-cv-00149-CFC) MOTION for Pro Hac Vice Appearance of Attorney Mac LeBuhn of Bartlit Beck LLP filed by Northwestern University. Signed by Judge Colm F. Connolly on 7/7/2021. Associated Cases: 1:21-cv-00149-CFC, 1:21-cv-00150-CFC(fms)

SO ORDERED

MOTION to Dismiss for Failure to State a Claim - filed by ABB Inc., ABB Ltd. (Biggs, Brian) Modified on 12/15/2021 (dlw). (Entered: 07/15/2021)

OPENING BRIEF in Support re 22 MOTION to Dismiss for Failure to State a Claim filed by ABB Inc., ABB Ltd. Answering Brief/Response due date per Local Rules is 7/29/2021. (Biggs, Brian) Modified on 12/15/2021 (dlw). (Entered: 07/15/2021)

ANSWERING BRIEF in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Northwestern University. Reply Brief due date per Local Rules is 8/5/2021. (Tigan, Jeremy) Modified on 12/15/2021 (dlw). (Entered: 07/29/2021)

REPLY BRIEF re 22 MOTION to Dismiss for Failure to State a Claim filed by ABB Inc., ABB Ltd. (Biggs, Brian) Modified on 12/15/2021 (dlw). (Entered: 08/05/2021)

REQUEST for Oral Argument by ABB Inc., ABB Ltd. re 22 MOTION to Dismiss for Failure to State a Claim Defendants ABB Inc. and ABB Ltd.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (Biggs, Brian) (Entered: 08/10/2021)

NOTICE of Subsequent Authority by Northwestern University (Attachments: # 1 Exhibit 1)(Tigan, Jeremy) (Entered: 10/12/2021)

Case Assigned/Reassigned

Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:21-cv-00149-MN, 1:21-cv-00150-MN (rjb)

Order Setting Hearing on Motion

Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding the March 3, 2022 Telephonic Hearing. (Tigan, Jeremy) (Entered: 03/02/2022)

Motion Hearing AND ~Util - Terminate Motions

~Util - Terminate Motions AND Motion Hearing

STIPULATION TO EXTEND TIME for Defendants to respond to Plaintiff's First Amended Complaint to March 25, 2022 - filed by ABB Inc., ABB Ltd.. (Biggs, Brian) (Entered: 03/17/2022)

SO ORDERED re 30 STIPULATION TO EXTEND TIME for Defendants to respond to Plaintiff's First Amended Complaint to March 25, 2022 (Set/Reset Answer Deadlines: ABB Inc. answer due 3/25/2022; ABB Ltd. answer due 3/25/2022). ORDERED by Judge Maryellen Noreika on 3/17/2022. (dlw)

~Util - Set/Reset Answer Deadline AND SO ORDERED

ANSWER to Amended Complaint, re: 19 Amended Complaint with Jury Demand by ABB Inc., ABB Ltd.(Biggs, Brian) Modified on 3/28/2022 (dlw). (Entered: 03/25/2022)

Oral Order

Pro Hac Vice Attorney Nevin M. Gewertz,Rebecca T. Horwitz,MacGregor LeBuhn,and Meg E Fasulo for Northwestern University added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Add Attorneys - PHV only

Joint PROPOSED ORDER -- [Proposed] Scheduling Order -- re (33 in 1:21-cv-00150-MN, 33 in 1:21-cv-00149-MN) Oral Order,,,,,,, by Northwestern University. (Attachments: # 1 Cover Letter to The Honorable Maryellen Noreika)(Tigan, Jeremy) (Entered: 04/27/2022)

Oral Order

Joint PROPOSED ORDER // Scheduling Order re (36 in 1:21-cv-00149-MN, 36 in 1:21-cv-00150-MN) Oral Order by Northwestern University. (Tigan, Jeremy) Modified on 5/12/2022 (dlw). (Entered: 05/12/2022)

STIPULATION TO EXTEND TIME to submit a protective order to June 7, 2022 and regarding disclosure of confidential information - filed by Northwestern University. (Tigan, Jeremy) (Entered: 05/31/2022)

SO ORDERED re (40 in 1:21-cv-00150-MN, 40 in 1:21-cv-00149-MN) STIPULATION TO EXTEND TIME to submit a protective order to June 7, 2022 and regarding disclosure of confidential information. Signed by Judge Maryellen Noreika on 5/31/2022. (dlw) (Entered: 05/31/2022)

NOTICE OF SERVICE of Plaintiff's Initial Disclosures filed by Northwestern University.(Tigan, Jeremy) (Entered: 06/02/2022)

NOTICE OF SERVICE of Defendants ABB Inc. and ABB Ltd.'s Initial Disclosures filed by ABB Inc., ABB Ltd..(Biggs, Brian) (Entered: 06/02/2022)

STIPULATION TO EXTEND TIME to submit a protective order to June 14, 2022 - filed by Northwestern University. (Tigan, Jeremy) (Entered: 06/07/2022)

SO ORDERED re (44 in 1:21-cv-00150-MN, 45 in 1:21-cv-00149-MN) STIPULATION TO EXTEND TIME to submit a protective order to June 14, 2022. ORDERED by Judge Maryellen Noreika on 6/7/2022. (dlw)

SO ORDERED

PROPOSED ORDER // Protective Order by Northwestern University. (Tigan, Jeremy) Modified on 6/13/2022 (dlw). (Entered: 06/10/2022)

PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 6/13/2022. (dlw) (Entered: 06/13/2022)

ABB Inc.

ABB Ltd.

Northwestern University