OptraHealth, Inc. v. Invitae Corporation

Application Number	Patent Number	External Links
-	US10754882	Espacenet Google Patents

COMPLAINT with Jury Demand for Patent Infringement against Invitae Corporation ( Filing fee $ 402, receipt number ACANDC-17197235.). Filed by OptraHealth, Inc.. (Attachments: # 1 Exhibit Patent 10,754,882, # 2 Exhibit Invitae GIA Product, # 3 Exhibit Invitae Press Release, # 4 Civil Cover Sheet)(Zhen, Chris) (Filed on 5/20/2022) Modified on 5/23/2022 (anj, COURT STAFF). (Entered: 05/20/2022)

2022-05-20

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COMPLAINT with Jury Demand for Patent Infringement against Invitae Corporation ( Filing fee $ 402, receipt number ACANDC-17197235.). Filed by OptraHealth, Inc.. (Attachments: # 1 Exhibit Patent 10,754,882, # 2 Exhibit Invitae GIA Product, # 3 Exhibit Invitae Press Release, # 4 Civil Cover Sheet)(Zhen, Chris) (Filed on 5/20/2022) Modified on 5/23/2022 (anj, COURT STAFF). (Entered: 05/20/2022)

2022-05-20

2

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COMPLAINT with Jury Demand for Patent Infringement against Invitae Corporation ( Filing fee $ 402, receipt number ACANDC-17197235.). Filed by OptraHealth, Inc.. (Attachments: # 1 Exhibit Patent 10,754,882, # 2 Exhibit Invitae GIA Product, # 3 Exhibit Invitae Press Release, # 4 Civil Cover Sheet)(Zhen, Chris) (Filed on 5/20/2022) Modified on 5/23/2022 (anj, COURT STAFF). (Entered: 05/20/2022)

2022-05-20

2

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COMPLAINT with Jury Demand for Patent Infringement against Invitae Corporation ( Filing fee $ 402, receipt number ACANDC-17197235.). Filed by OptraHealth, Inc.. (Attachments: # 1 Exhibit Patent 10,754,882, # 2 Exhibit Invitae GIA Product, # 3 Exhibit Invitae Press Release, # 4 Civil Cover Sheet)(Zhen, Chris) (Filed on 5/20/2022) Modified on 5/23/2022 (anj, COURT STAFF). (Entered: 05/20/2022)

2022-05-20

2

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COMPLAINT with Jury Demand for Patent Infringement against Invitae Corporation ( Filing fee $ 402, receipt number ACANDC-17197235.). Filed by OptraHealth, Inc.. (Attachments: # 1 Exhibit Patent 10,754,882, # 2 Exhibit Invitae GIA Product, # 3 Exhibit Invitae Press Release, # 4 Civil Cover Sheet)(Zhen, Chris) (Filed on 5/20/2022) Modified on 5/23/2022 (anj, COURT STAFF). (Entered: 05/20/2022)

2022-05-20

2

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Certificate of Interested Entities by OptraHealth, Inc. certifying no such interest to report (Zhen, Chris) (Filed on 5/20/2022) (Entered: 05/20/2022)

2022-05-20

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REPORT on the filing or determination of an action regarding a patent (cc: form mailed to register). (Zhen, Chris) (Filed on 5/20/2022) (Entered: 05/20/2022)

2022-05-20

1

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Proposed Summons. (Zhen, Chris) (Filed on 5/20/2022) (Entered: 05/20/2022)

2022-05-20

1

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Electronic Filing Error

2022-05-23

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Civil Cover Sheet by OptraHealth, Inc. . (Zhen, Chris) (Filed on 5/24/2022) (Entered: 05/24/2022)

2022-05-24

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Civil Cover Sheet by OptraHealth, Inc. . (Zhen, Chris) (Filed on 5/24/2022) (Entered: 05/24/2022)

2022-05-24

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Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/7/2022. (jrs, COURT STAFF) (Filed on 5/24/2022) (Entered: 05/24/2022)

2022-05-24

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Electronic Filing Error

2022-05-24

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~Util - Case Assigned by Intake

2022-05-25

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WAIVER OF SERVICE Returned Executed filed by OptraHealth, Inc.. Service waived by Invitae Corporation waiver sent on 5/25/2022, answer due 7/25/2022. (Zhen, Chris) (Filed on 6/6/2022) (Entered: 06/06/2022)

2022-06-06

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NOTICE of Appearance by Kenneth Lee Marshall (Marshall, Kenneth) (Filed on 6/7/2022) (Entered: 06/07/2022)

2022-06-07

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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Invitae Corporation.. (Marshall, Kenneth) (Filed on 6/7/2022) (Entered: 06/07/2022)

2022-06-07

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CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF) (Filed on 6/7/2022) (Entered: 06/07/2022)

2022-06-07

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ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/8/2022. (Attachments: # 1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 6/8/2022) (Entered: 06/08/2022)

2022-06-08

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CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 9/22/2022. Initial Case Management Conference set for 9/29/2022 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 6/13/2022) (Entered: 06/13/2022)

2022-06-13

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NOTICE of Pendency of Other Action Involving Same Patent by OptraHealth, Inc. (Zhen, Chris) (Filed on 6/21/2022) (Entered: 06/21/2022)

2022-06-21

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ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings re 14 Notice of Pendency of Other Actions Involving Same Patent Pursuant to Patent Local Rule 2-1(A). Judge Beth Labson Freeman no longer assigned to case. Reassignment Order signed by Clerk on 6/22/2022. (bw, COURT STAFF) (Filed on 6/22/2022) (Entered: 06/22/2022)

2022-06-22

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CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for October 4, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 27th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-03002-HSG. The October 4th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 6/22/2022) Modified on 6/22/2022 to correct typo (ndr, COURT STAFF). (Entered: 06/22/2022)

2022-06-22

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CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR CIVIL CASE. Notice is hereby given that a Telephonic Case Management Conference has been set for July 26, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., Case Management Statement due by July 19, 2022. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bns, COURT STAFF) (Filed on 7/6/2022) (Entered: 07/06/2022)

2022-07-06

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17326809.) filed by Invitae Corporation. (Kelly, Erin) (Filed on 7/6/2022) (Entered: 07/06/2022)

2022-07-06

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CLERK'S NOTICE RE DOCKET NO. 18 : The California State Bar Number for local counsel does not match the number registered in the Court's ECF system. The email address for applicant does not match the email address listed on the docket. Counsel is directed to re-file a new application. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 7/7/2022) (Entered: 07/07/2022)

2022-07-07

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Clerk's Notice

2022-07-07

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17333683.) filed by Invitae Corporation. (Kelly, Erin) (Filed on 7/8/2022) (Entered: 07/08/2022)

2022-07-08

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 Motion for Pro Hac Vice for Erin Kelly. 18 Motion for Pro Hac Vice terminated, re-filed at Docket No. 20 . (bns, COURT STAFF) (Filed on 7/8/2022) (Entered: 07/08/2022)

2022-07-08

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ORDER by Hon. Haywood S. Gilliam, Jr. The Court directed the parties to submit a joint case management statement by July 19, 2022. See Dkt. No. 17. They have not done so. The parties are accordingly again directed to submit a joint case management statement by July 22, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 7/20/2022) (Entered: 07/20/2022)

2022-07-20

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Order

2022-07-20

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Terminate Deadlines AND Set/Reset Deadlines

2022-07-20

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Reset Deadline, See Docket No. 22 : Joint Case Management Statement due by 7/22/2022. (ndr, COURT STAFF) (Filed on 7/20/2022)

2022-07-20

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MOTION for Extension of Time to File Answer re 1 Complaint, OR OTHERWISE RESPOND TO filed by Invitae Corporation. (Attachments: # 1 Declaration of Erin Kelly ISO Motion for Extension of Time, # 2 Proposed Order)(Marshall, Kenneth) (Filed on 7/21/2022) (Entered: 07/21/2022)

2022-07-21

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CASE MANAGEMENT STATEMENT filed by OptraHealth, Inc. and Invitae Corporation. (Zhen, Chris) (Filed on 7/21/2022) Modified on 7/22/2022 (jml, COURT STAFF). (Entered: 07/21/2022)

2022-07-21

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ORDER by Judge Haywood S. Gilliam, Jr. Granting 23 Motion for Extension of Time to Answer OR OTHERWISE RESPOND TO. (ndr, COURT STAFF) (Filed on 7/22/2022) (Entered: 07/22/2022)

2022-07-22

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ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kelly, Erin) (Filed on 7/25/2022) (Entered: 07/25/2022)

2022-07-25

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Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 7/26/2022. Total Time in Court: 12 Minutes. Not Reported. Plaintiff Attorney: Erin Kelly and Keith Marshall. Defendant Attorney: Chris Zhen. Parties are directed to meet and confer regarding case consolidation and e-file within one week from today (August 2, 2022) either a stipulation to consolidate cases or a statement of non-agreement. If the parties are unable to agree on consolidation, Invitae Corporation should e-file its motion to consolidate within 7 days of the statement of non-agreement being e-filed (August 9, 2022). Court-connected mediation is discussed. Parties are directed to meet and confer and e-file a revised stipulation and proposed order selecting an ADR process within one week from today (August 2, 2022). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 7/26/2022) (Entered: 07/27/2022)

2022-07-26

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~Util - Set Deadlines AND Case Management Conference - Initial AND ~Util - Set Deadlines/Hearings

2022-07-27

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~Util - Set Deadlines AND ~Util - Set Deadlines/Hearings AND Case Management Conference - Initial

2022-07-27

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~Util - Set Deadlines/Hearings AND ~Util - Set Deadlines AND Case Management Conference - Initial

2022-07-27

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ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting (Docket No. 38 in case 4:22-cv-00784-HSG ) Stipulation TO HAVE CASES CONSOLIDATED FOR ALL PURPOSES. (ndr, COURT STAFF) (Filed on 8/9/2022) (Entered: 08/09/2022)

2022-08-09

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Civil Case Terminated, See Docket No. 28 . (ndr, COURT STAFF) (Filed on 8/9/2022)

2022-08-09

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For Further Docket Entries See Lead Consolidated Action 4:22-cv-00784-HSG (sfb, COURT STAFF) (Filed on 8/10/2022)

2022-08-10

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Overview

Parties

Defendant

Invitae Corporation Follow

Represented By

Plaintiff

OptraHealth, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Certificate of Interested Entities by OptraHealth, Inc. certifying no such interest to report (Zhen, Chris) (Filed on 5/20/2022) (Entered: 05/20/2022)

REPORT on the filing or determination of an action regarding a patent (cc: form mailed to register). (Zhen, Chris) (Filed on 5/20/2022) (Entered: 05/20/2022)

Proposed Summons. (Zhen, Chris) (Filed on 5/20/2022) (Entered: 05/20/2022)

Electronic Filing Error

Civil Cover Sheet by OptraHealth, Inc. . (Zhen, Chris) (Filed on 5/24/2022) (Entered: 05/24/2022)

Civil Cover Sheet by OptraHealth, Inc. . (Zhen, Chris) (Filed on 5/24/2022) (Entered: 05/24/2022)

Electronic Filing Error

~Util - Case Assigned by Intake

WAIVER OF SERVICE Returned Executed filed by OptraHealth, Inc.. Service waived by Invitae Corporation waiver sent on 5/25/2022, answer due 7/25/2022. (Zhen, Chris) (Filed on 6/6/2022) (Entered: 06/06/2022)

NOTICE of Appearance by Kenneth Lee Marshall (Marshall, Kenneth) (Filed on 6/7/2022) (Entered: 06/07/2022)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Invitae Corporation.. (Marshall, Kenneth) (Filed on 6/7/2022) (Entered: 06/07/2022)

NOTICE of Pendency of Other Action Involving Same Patent by OptraHealth, Inc. (Zhen, Chris) (Filed on 6/21/2022) (Entered: 06/21/2022)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17326809.) filed by Invitae Corporation. (Kelly, Erin) (Filed on 7/6/2022) (Entered: 07/06/2022)

Clerk's Notice

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17333683.) filed by Invitae Corporation. (Kelly, Erin) (Filed on 7/8/2022) (Entered: 07/08/2022)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 Motion for Pro Hac Vice for Erin Kelly. 18 Motion for Pro Hac Vice terminated, re-filed at Docket No. 20 . (bns, COURT STAFF) (Filed on 7/8/2022) (Entered: 07/08/2022)

Order

Terminate Deadlines AND Set/Reset Deadlines

Reset Deadline, See Docket No. 22 : Joint Case Management Statement due by 7/22/2022. (ndr, COURT STAFF) (Filed on 7/20/2022)

MOTION for Extension of Time to File Answer re 1 Complaint, OR OTHERWISE RESPOND TO filed by Invitae Corporation. (Attachments: # 1 Declaration of Erin Kelly ISO Motion for Extension of Time, # 2 Proposed Order)(Marshall, Kenneth) (Filed on 7/21/2022) (Entered: 07/21/2022)

CASE MANAGEMENT STATEMENT filed by OptraHealth, Inc. and Invitae Corporation. (Zhen, Chris) (Filed on 7/21/2022) Modified on 7/22/2022 (jml, COURT STAFF). (Entered: 07/21/2022)

ORDER by Judge Haywood S. Gilliam, Jr. Granting 23 Motion for Extension of Time to Answer OR OTHERWISE RESPOND TO. (ndr, COURT STAFF) (Filed on 7/22/2022) (Entered: 07/22/2022)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kelly, Erin) (Filed on 7/25/2022) (Entered: 07/25/2022)

~Util - Set Deadlines AND Case Management Conference - Initial AND ~Util - Set Deadlines/Hearings

~Util - Set Deadlines AND ~Util - Set Deadlines/Hearings AND Case Management Conference - Initial

~Util - Set Deadlines/Hearings AND ~Util - Set Deadlines AND Case Management Conference - Initial

ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting (Docket No. 38 in case 4:22-cv-00784-HSG ) Stipulation TO HAVE CASES CONSOLIDATED FOR ALL PURPOSES. (ndr, COURT STAFF) (Filed on 8/9/2022) (Entered: 08/09/2022)

***Civil Case Terminated, See Docket No. 28 . *** (ndr, COURT STAFF) (Filed on 8/9/2022)

For Further Docket Entries See Lead Consolidated Action 4:22-cv-00784-HSG (sfb, COURT STAFF) (Filed on 8/10/2022)

Track Case Updates

Invitae Corporation

OptraHealth, Inc.

Civil Case Terminated, See Docket No. 28 . (ndr, COURT STAFF) (Filed on 8/9/2022)