Organovo, Inc. v. Cellink AB

6:21-cv-00769

Overview

Case Number 6:21-cv-00769

Filing Date 2021-07-27

Status Terminated

Termination Date 2021-12-07

Court District Court, W.D. Texas (txwd)

Presiding Judge Alan D Albright

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Cellink AB

Represented By

4 Attorneys Listed

B. Russell Horton

George, Brothers, Kincaid & Horton, L.L.P.

Tel: +1 (512) 495-1400

Fax: +1 (512) 499-0094

George, Brothers, Kincaid & Horton, L.L.P., 114 West 7th Street

Shong Yin

Ropes & Gray LLP

Tel: +1 (650) 617-4000

Fax: +1 (650) 617-4090

1900 University Avenue, 6th Floor, East Palo Alto, CA 94303

Scott A. Mckeown

Ropes & Gray LLP

Tel: +1 (202) 508-4600

Fax: +1 (202) 508-4640

2099 Pennsylvania Avenue, N.W., Washington, DC 20006

Brendan F. Mclaughlin

Ropes & Gray LLP

Tel: +1 (202) 508-4600

Fax: +1 (202) 508-4640

2099 Pennsylvania Avenue, N.W., Washington, DC 20006

Plaintiff

Organovo, Inc.

Represented By

5 Attorneys Listed

Sachin M. Bhatmuley

Paul Hastings, LLP

Tel: +1 (858) 458-3000

Fax: +1 (858) 458-3005

4747 Executive Drive, 12th Floor, San Diego, CA 92121

Michelle Marek Figueiredo

Paul Hastings, LLP

Tel: +1 (312) 499-6000

Fax: +1 (312) 499-6100

71 S. Wacker Drive, Forty-Fifth Floor, Chicago, IL 60606

Elizabeth L. Brann

Paul Hastings LLP

Tel: +1 (858) 458-3000

Fax: +1 (858) 458-3005

4747 Executive Drive, 12th Floor, San Diego, CA 92121

Ariell Bratton

Paul Hastings LLP

Tel: +1 (858) 458-3000

Fax: +1 (858) 458-3005

4747 Executive Drive, 12th Floor, San Diego, CA 92121

Paige Arnette Amstutz

Scott, Douglass & McConnico, LLP

Tel: +1 (512) 495-6300

Fax: +1 (512) 495-6399

303 Colorado Street, Suite 2400

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

Alan D Albright

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT ( Filing fee $ 402 receipt number 0542-15056370), filed by Organovo, Inc.. (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, # 9 Civil Cover Sheet, # 10 Report on the Filing or Determination of an Action Regarding a Patent or Trademark)(Amstutz, Paige) (Entered: 07/27/2021)

2021-07-27

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RULE 7 DISCLOSURE STATEMENT filed by Organovo, Inc.. (Amstutz, Paige) (Entered: 07/27/2021)

2021-07-27

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REQUEST FOR ISSUANCE OF SUMMONS by Organovo, Inc.. (Amstutz, Paige) (Entered: 07/27/2021)

2021-07-27

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MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Elizabeth L. Brann ( Filing fee $ 100 receipt number 0542-15056387) by on behalf of Organovo, Inc.. (Attachments: # 1 Proposed Order)(Amstutz, Paige) (Entered: 07/27/2021)

2021-07-27

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Organovo, Inc. v. Cellink AB

Overview

Parties

Defendant

Cellink AB Follow

Represented By

Plaintiff

Organovo, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

RULE 7 DISCLOSURE STATEMENT filed by Organovo, Inc.. (Amstutz, Paige) (Entered: 07/27/2021)

REQUEST FOR ISSUANCE OF SUMMONS by Organovo, Inc.. (Amstutz, Paige) (Entered: 07/27/2021)

MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Elizabeth L. Brann ( Filing fee $ 100 receipt number 0542-15056387) by on behalf of Organovo, Inc.. (Attachments: # 1 Proposed Order)(Amstutz, Paige) (Entered: 07/27/2021)

MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Michelle Marek Figueiredo ( Filing fee $ 100 receipt number 0542-15056391) by on behalf of Organovo, Inc.. (Attachments: # 1 Proposed Order)(Amstutz, Paige) (Entered: 07/27/2021)

Document 5 was not flattened. Please notice that all documents are required to be flattened upon filing. The US Clerk's Office will flatten any document needed prior but all parties MUST flatten documents going forward. Contact the Clerk's Office for any questions. (ir) (Entered: 07/28/2021)

Summons Issued as to Cellink AB. (ir) (Entered: 07/28/2021)

Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (ir)

All parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Amstutz, Paige) (Entered: 07/28/2021)

Remark (No Doc#)

Case Assigned/Reassigned

Order on Motion to Appear Pro Hac Vice

Docs received in Clerk's office for foreign service via FedEx. includes pickup info. (lad) (Entered: 07/30/2021)

Order on Motion to Appear Pro Hac Vice

MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Sachin M. Bhatmuley ( Filing fee $ 100 receipt number 0542-15074670) by on behalf of Organovo, Inc.. (Attachments: # 1 Proposed Order)(Amstutz, Paige) (Entered: 08/02/2021)

Order on Motion to Appear Pro Hac Vice

WAIVER OF SERVICE Returned Executed by Organovo, Inc. as to Cellink AB. Waiver sent on 8/20/2021, answer due 11/18/2021. (Amstutz, Paige) Modified on 8/26/2021 (lad). (Entered: 08/25/2021)

Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)

Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB (Attachments: # 1 Declaration of Dr. Hector Martinez) (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 1 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 2 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 3 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 4 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 5 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 6 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 7 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 8 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 9 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 10 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 11 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 12 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 13 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 14 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 15 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 16 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 17 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 18 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 19 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 20 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 21 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 22 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 23 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 24 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 25 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 26 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 27 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 28 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 29 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 30 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 31 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 32 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 33 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 34 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 35 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 36 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 37 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 38 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 39 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Horton, B.) (Entered: 11/22/2021)

ATTACHMENT Exhibit 40 to 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Attachments: # 1 Proposed Order)(Horton, B.) (Entered: 11/22/2021)

MOTION to Appear Pro Hac Vice by B. Russell Horton for Brendan F. McLaughlin ( Filing fee $ 100 receipt number 0542-15467818) by on behalf of Cellink AB. (Horton, B.) (Entered: 11/22/2021)

MOTION to Appear Pro Hac Vice by B. Russell Horton for Scott A. McKeown ( Filing fee $ 100 receipt number 0542-15467840) by on behalf of Cellink AB. (Horton, B.) (Entered: 11/22/2021)

MOTION to Appear Pro Hac Vice by B. Russell Horton for Shong Yin ( Filing fee $ 100 receipt number 0542-15467845) by on behalf of Cellink AB. (Horton, B.) (Entered: 11/22/2021)

NOTICE of Attorney Appearance by B. Russell Horton on behalf of Cellink AB. Attorney B. Russell Horton added to party Cellink AB(pty:dft) (Horton, B.) (Entered: 11/23/2021)

Redacted Copy of 15 Sealed Motion Defendant's Motion to Dismiss or, In the Alternative, Transfer to and Consolidate in the District Court of Delaware Pursuant to the First-to-File Rule by Cellink AB by Cellink AB. (Attachments: # 1 Martinez Declaration)(Horton, B.) (Entered: 11/29/2021)

STATUS REPORT Case Readiness Status Report by Organovo, Inc.. (Amstutz, Paige) (Entered: 11/29/2021)

AMENDED COMPLAINT for Patent Infringement against Cellink AB amending, filed by Organovo, Inc.. (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, # 9 Exhibit I, # 10 Exhibit J)(Amstutz, Paige) (Entered: 11/30/2021)

Joint MOTION to Transfer Case Under 28 U.S.C. § 1404(a) and Deny as Moot Defendant's Motion to Dismiss by Organovo, Inc.. (Attachments: # 1 Proposed Order)(Brann, Elizabeth) (Entered: 12/06/2021)

ORDER GRANTING 63 TRANSFER UNDER 28 U.S.C. § 1404(a); AND 2 DENY AS MOOT DEFENDANTS MOTION TO DISMISS. Signed by Judge Alan D Albright. (ir) (Entered: 12/07/2021)

Cellink AB

Organovo, Inc.