Ocular Therapeutix, Inc. v. Mati Therapeutics, Inc.

Application Number	Patent Number	External Links
-	US7922702	Espacenet Google Patents

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT filed against Mati Therapeutics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2525897.) - filed by Ocular Therapeutix, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(ceg) (Entered: 12/17/2018)

2018-12-14

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) (Entered: 12/17/2018)

2018-12-14

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,922,702. (ceg) (Entered: 12/17/2018)

2018-12-14

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ocular Therapeutix, Inc. (ceg) (Entered: 12/17/2018)

2018-12-14

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Summons Issued with Magistrate Consent Notice attached as to Mati Therapeutics, Inc. on 12/17/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ceg)

2018-12-17

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No Actions

SUMMONS Returned Executed by Ocular Therapeutix, Inc.. Mati Therapeutics, Inc. served on 12/17/2018, answer due 1/7/2019. (Silver, Daniel) (Entered: 12/18/2018)

2018-12-18

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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)

2018-12-19

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No Actions

MOTION for Extension of Time for Defendant to Respond to the Complaint [Unopposed] - filed by Ocular Therapeutix, Inc. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) Modified on 1/4/2019 (dlw). (Entered: 01/04/2019)

2019-01-04

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SO ORDERED re 6 MOTION for Extension of Time for Defendant to Respond to the Complaint [Unopposed] (Set/Reset Answer Deadlines: Mati Therapeutics, Inc. answer due 1/22/2019). ORDERED by Judge Maryellen Noreika on 1/4/2019. (dlw)

2019-01-04

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No Actions

MOTION for Pro Hac Vice Appearance of Attorney Erik Paul Belt - filed by Ocular Therapeutix, Inc.. (Attachments: # 1 Certification for Erik Paul Belt)(Silver, Daniel) (Entered: 01/14/2019)

2019-01-14

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Pro Hac Vice Attorney Erik Paul Belt for Ocular Therapeutix, Inc. 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. (ddp)

2019-01-14

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No Actions

SO ORDERED re 7 MOTION for Pro Hac Vice Appearance of Attorney Erik Paul Belt filed by Ocular Therapeutix, Inc. ORDERED by Judge Maryellen Noreika on 1/14/2019. (dlw)

2019-01-14

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No Actions

MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint - filed by Mati Therapeutics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

2019-01-17

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MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint - filed by Mati Therapeutics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

2019-01-17

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MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint - filed by Mati Therapeutics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

2019-01-17

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Letter to Honorable Maryellen Noreika from Kelly E. Farnan regarding Expedited Consideration - re 8 MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint. (Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

2019-01-17

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RESPONSE to Motion re 8 MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint filed by Ocular Therapeutix, Inc. (Attachments: # 1 Exhibit A-F)(Silver, Daniel) Modified on 1/18/2019 (dlw). (Entered: 01/18/2019)

2019-01-18

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RESPONSE to Motion re 8 MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint filed by Ocular Therapeutix, Inc. (Attachments: # 1 Exhibit A-F)(Silver, Daniel) Modified on 1/18/2019 (dlw). (Entered: 01/18/2019)

2019-01-18

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ORAL ORDER GRANTING 8 Motion for Extension of Time. The Court, having considered Defendant's Motion for Extension of Time 8 and Plaintiff's Opposition 10 thereto, HEREBY GRANTS the motion. Defendant shall move, answer, or otherwise respond to the complaint on or before 2/5/2019. ORDERED by Judge Maryellen Noreika on 1/18/2019. (dlw) (Entered: 01/18/2019)

2019-01-18

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ANSWER to 1 Complaint,, COUNTERCLAIM against Ocular Therapeutix, Inc. by Mati Therapeutics, Inc.. (Attachments: # 1 Exhibit A through C)(Farnan, Kelly) (Entered: 02/05/2019)

2019-02-05

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MOTION for Pro Hac Vice Appearance of Attorney Shamita D. Etienne-Cummings - filed by Mati Therapeutics, Inc.. (Farnan, Kelly) (Entered: 02/05/2019)

2019-02-05

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Mati Therapeutics, Inc.. (Farnan, Kelly) (Entered: 02/06/2019)

2019-02-06

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SO ORDERED re 13 MOTION for Pro Hac Vice Appearance of Attorney Shamita D. Etienne-Cummings filed by Mati Therapeutics, Inc. ORDERED by Judge Maryellen Noreika on 2/6/2019. (dlw)

2019-02-06

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No Actions

Pro Hac Vice Attorney Shamita D. Etienne-Cummings for Mati Therapeutics, Inc. 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. (ceg)

2019-02-07

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No Actions

ANSWER to 12 Answer to Complaint, Counterclaim by Ocular Therapeutix, Inc..(Silver, Daniel) (Entered: 02/26/2019)

2019-02-26

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ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. 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). 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 2/27/2019. (dlw) (Entered: 02/27/2019)

2019-02-27

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NOTICE of Appearance by Renee Marie Mosley on behalf of Mati Therapeutics, Inc. (Mosley, Renee) (Entered: 02/27/2019)

2019-02-27

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PROPOSED ORDER // Scheduling Order by Ocular Therapeutix, Inc. (Lemon, Brian) Modified on 4/1/2019 (dlw). (Entered: 03/29/2019)

2019-03-29

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ORAL ORDER re 18 Proposed Order - IT IS HEREBY ORDERED that: (1) the Court will hold the Markman hearing on 9/23/2019 at 9:00 AM, (2) the parties shall confer regarding a revised Markman briefing scheduled based upon the hearing date above, (3) the Court will hold the pretrial conference on 7/27/2020 at 4:30 PM, and (4) the 4-day jury trial is set for 8/3/2020. IT IS HEREBY FURTHER ORDERED that the parties shall submit a revised scheduling order incorporating the provisions of this Order on or before 4/12/2019. ORDERED by Judge Maryellen Noreika on 4/5/2019. (dlw) (Entered: 04/05/2019)

2019-04-05

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Oral Order

2019-04-05

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No Actions

PROPOSED ORDER // Scheduling Order by Mati Therapeutics, Inc. (Farnan, Kelly) Modified on 4/12/2019 (dlw). (Entered: 04/12/2019)

2019-04-12

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SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 5/30/2019. Amended Pleadings due by 5/30/2019. Fact Discovery completed by 11/8/2019. Opening Expert Reports due by 12/13/2019. Rebuttal Expert Reports due by 1/17/2020. Reply Expert Reports due by 2/7/2020. Expert Discovery due by 3/6/2020. Dispositive Motions due by 3/13/2020. Claim Construction Opening Brief served by 6/28/2019. Claim Construction Answering Brief served by 7/26/2019. Claim Construction Reply Brief served by 8/9/2019. Claim Construction Surreply Brief served by 8/23/2019. Joint Claim Construction Brief filed by 8/28/2019. A Markman Hearing is set for 9/23/2019 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 7/27/2020 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 4-day Jury Trial is set for 8/3/2020 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 4/12/2019. (dlw) (Entered: 04/12/2019)

2019-04-12

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CASE REFERRED to Magistrate Judge Sherry R. Fallon for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak)

2019-04-12

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No Actions

Case Referred to Mediation - Magistrate Judge only

2019-04-12

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No Actions

ORDER Setting Teleconference: plaintiffs counsel shall initiate the call. A Telephone Conference is set for 5/20/2019 at 12:30 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 4/18/2019. (lih) (Entered: 04/18/2019)

2019-04-18

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NOTICE OF SERVICE of Defendant Mati Therapeutics, Inc.'s Initial Disclosures of Accused Products, Damages Model, and Asserted Patents filed by Mati Therapeutics, Inc..(Mosley, Renee) (Entered: 04/19/2019)

2019-04-19

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PROPOSED ORDER // Stipulated Protective Order by Ocular Therapeutix, Inc. (Silver, Daniel) Modified on 4/23/2019 (dlw). (Entered: 04/22/2019)

2019-04-22

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NOTICE OF SERVICE of Mati Therapeutics, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Mati Therapeutics, Inc..(Farnan, Kelly) (Entered: 04/22/2019)

2019-04-22

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NOTICE OF SERVICE of Ocular Therapeutixs Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Ocular Therapeutix, Inc..(Silver, Daniel) (Entered: 04/22/2019)

2019-04-22

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PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 4/23/2019. (dlw) (Entered: 04/23/2019)

2019-04-23

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STIPULATION of Dismissal Without Prejudice by Mati Therapeutics, Inc.. (Farnan, Kelly) (Entered: 04/26/2019)

2019-04-26

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SO ORDERED re 28 Stipulation of Dismissal. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 4/29/2019. (dlw) (Entered: 04/29/2019)

2019-04-29

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Overview

Parties

Counter Claimant

Mati Therapeutics, Inc. Follow

Represented By

Counter Defendant

Ocular Therapeutix, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) (Entered: 12/17/2018)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,922,702. (ceg) (Entered: 12/17/2018)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Ocular Therapeutix, Inc. (ceg) (Entered: 12/17/2018)

Summons Issued with Magistrate Consent Notice attached as to Mati Therapeutics, Inc. on 12/17/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ceg)

SUMMONS Returned Executed by Ocular Therapeutix, Inc.. Mati Therapeutics, Inc. served on 12/17/2018, answer due 1/7/2019. (Silver, Daniel) (Entered: 12/18/2018)

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)

MOTION for Extension of Time for Defendant to Respond to the Complaint [Unopposed] - filed by Ocular Therapeutix, Inc. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) Modified on 1/4/2019 (dlw). (Entered: 01/04/2019)

SO ORDERED re 6 MOTION for Extension of Time for Defendant to Respond to the Complaint [Unopposed] (Set/Reset Answer Deadlines: Mati Therapeutics, Inc. answer due 1/22/2019). ORDERED by Judge Maryellen Noreika on 1/4/2019. (dlw)

MOTION for Pro Hac Vice Appearance of Attorney Erik Paul Belt - filed by Ocular Therapeutix, Inc.. (Attachments: # 1 Certification for Erik Paul Belt)(Silver, Daniel) (Entered: 01/14/2019)

Pro Hac Vice Attorney Erik Paul Belt for Ocular Therapeutix, Inc. 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. (ddp)

SO ORDERED re 7 MOTION for Pro Hac Vice Appearance of Attorney Erik Paul Belt filed by Ocular Therapeutix, Inc. ORDERED by Judge Maryellen Noreika on 1/14/2019. (dlw)

MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint - filed by Mati Therapeutics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint - filed by Mati Therapeutics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint - filed by Mati Therapeutics, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

Letter to Honorable Maryellen Noreika from Kelly E. Farnan regarding Expedited Consideration - re 8 MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint. (Farnan, Kelly) Modified on 1/18/2019 (dlw). (Entered: 01/17/2019)

RESPONSE to Motion re 8 MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint filed by Ocular Therapeutix, Inc. (Attachments: # 1 Exhibit A-F)(Silver, Daniel) Modified on 1/18/2019 (dlw). (Entered: 01/18/2019)

RESPONSE to Motion re 8 MOTION for Extension of Time to move, answer or otherwise respond to Plaintiff's Complaint filed by Ocular Therapeutix, Inc. (Attachments: # 1 Exhibit A-F)(Silver, Daniel) Modified on 1/18/2019 (dlw). (Entered: 01/18/2019)

ANSWER to 1 Complaint,, COUNTERCLAIM against Ocular Therapeutix, Inc. by Mati Therapeutics, Inc.. (Attachments: # 1 Exhibit A through C)(Farnan, Kelly) (Entered: 02/05/2019)

MOTION for Pro Hac Vice Appearance of Attorney Shamita D. Etienne-Cummings - filed by Mati Therapeutics, Inc.. (Farnan, Kelly) (Entered: 02/05/2019)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Mati Therapeutics, Inc.. (Farnan, Kelly) (Entered: 02/06/2019)

SO ORDERED re 13 MOTION for Pro Hac Vice Appearance of Attorney Shamita D. Etienne-Cummings filed by Mati Therapeutics, Inc. ORDERED by Judge Maryellen Noreika on 2/6/2019. (dlw)

Pro Hac Vice Attorney Shamita D. Etienne-Cummings for Mati Therapeutics, Inc. 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. (ceg)

ANSWER to 12 Answer to Complaint, Counterclaim by Ocular Therapeutix, Inc..(Silver, Daniel) (Entered: 02/26/2019)

NOTICE of Appearance by Renee Marie Mosley on behalf of Mati Therapeutics, Inc. (Mosley, Renee) (Entered: 02/27/2019)

PROPOSED ORDER // Scheduling Order by Ocular Therapeutix, Inc. (Lemon, Brian) Modified on 4/1/2019 (dlw). (Entered: 03/29/2019)

Oral Order

PROPOSED ORDER // Scheduling Order by Mati Therapeutics, Inc. (Farnan, Kelly) Modified on 4/12/2019 (dlw). (Entered: 04/12/2019)

Case Referred to Mediation - Magistrate Judge only

ORDER Setting Teleconference: plaintiffs counsel shall initiate the call. A Telephone Conference is set for 5/20/2019 at 12:30 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 4/18/2019. (lih) (Entered: 04/18/2019)

NOTICE OF SERVICE of Defendant Mati Therapeutics, Inc.'s Initial Disclosures of Accused Products, Damages Model, and Asserted Patents filed by Mati Therapeutics, Inc..(Mosley, Renee) (Entered: 04/19/2019)

PROPOSED ORDER // Stipulated Protective Order by Ocular Therapeutix, Inc. (Silver, Daniel) Modified on 4/23/2019 (dlw). (Entered: 04/22/2019)

NOTICE OF SERVICE of Mati Therapeutics, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Mati Therapeutics, Inc..(Farnan, Kelly) (Entered: 04/22/2019)

NOTICE OF SERVICE of Ocular Therapeutixs Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Ocular Therapeutix, Inc..(Silver, Daniel) (Entered: 04/22/2019)

PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 4/23/2019. (dlw) (Entered: 04/23/2019)

STIPULATION of Dismissal Without Prejudice by Mati Therapeutics, Inc.. (Farnan, Kelly) (Entered: 04/26/2019)

SO ORDERED re 28 Stipulation of Dismissal. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 4/29/2019. (dlw) (Entered: 04/29/2019)

Track Case Updates

Mati Therapeutics, Inc.

Ocular Therapeutix, Inc.