Permobil, Inc. v. Sunrise Medical HHG, Inc.

3:11-cv-00503

Overview

Case Number 3:11-cv-00503

Filing Date 2011-05-27

Status Terminated

Termination Date 2013-05-28

Court District Court, M.D. Tennessee (tnmd)

Presiding Judge Kevin H. Sharp

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:0101 Patent Infringement

Jury Demand Both

Parties

Defendant

Sunrise Medical HHG, Inc.

Represented By

5 Attorneys Listed

Joel T. Galanter

Adams and Reese LLP (Nashville-Church Street)

Tel: +1 (615) 259-1450

424 Church Street, Suite 2700

Robert A. Conley

Niro, Haller & Niro, Ltd.

Fax: +1 (312) 236-3137

Niro, Haller & Niro, Ltd., 181 W Madison Street

David J. Sheikh

Niro, Haller & Niro, Ltd.

Fax: +1 (312) 236-3137

Niro, Haller & Niro, Ltd., 181 W Madison Street

Dina M. Hayes

Niro, Haller & Niro, Ltd.

Fax: +1 (312) 236-3137

Niro, Haller & Niro, Ltd., 181 W Madison Street

Mark Sobanski

MacMillan, Sobanski & Todd, LLC

Tel: +1 (419) 255-5900

Fax: +1 (419) 225-9639

MacMillan, Sobanski & Todd, LLC, One Maritime Plaza

Sunrise Medical (US) LLC

Represented By

5 Attorneys Listed

Joel T. Galanter

Adams and Reese LLP (Nashville-Church Street)

Tel: +1 (615) 259-1450

424 Church Street, Suite 2700

Robert A. Conley

Niro, Haller & Niro, Ltd.

Fax: +1 (312) 236-3137

Niro, Haller & Niro, Ltd., 181 W Madison Street

David J. Sheikh

Niro, Haller & Niro, Ltd.

Fax: +1 (312) 236-3137

Niro, Haller & Niro, Ltd., 181 W Madison Street

Dina M. Hayes

Niro, Haller & Niro, Ltd.

Fax: +1 (312) 236-3137

Niro, Haller & Niro, Ltd., 181 W Madison Street

Mark Sobanski

MacMillan, Sobanski & Todd, LLC

Tel: +1 (419) 255-5900

Fax: +1 (419) 225-9639

MacMillan, Sobanski & Todd, LLC, One Maritime Plaza

Permobil, Inc.

Represented By

3 Attorneys Listed

Jennifer Lynne Finger

Permobil Inc.

Tel: +1 (615) 470-2470

300 Duke Drive, Lebanon, TN 37090

Patrick J. Arnold , Jr.

McAndrews, Held & Malloy, Ltd.

Tel: +1 (312) 755-8000

Fax: +1 (312) 775-8100

McAndrews, Held & Malloy, Ltd., 500 W Madison Street

David Z. Petty

McAndrews, Held & Malloy, Ltd.

Tel: +1 (312) 775-8000

Fax: +1 (312) 775-8100

McAndrews, Held & Malloy, Ltd., 500 W Madison Street

Court & Judges

Court

District Court, M.D. Tennessee (tnmd)

Presiding Judge

Kevin H. Sharp

Patents Involved

8 Patents

There are 8 patents involved in this case.

Application Number	Patent Number	External Links
-	US7506709	Espacenet Google Patents
-	US7896394	Espacenet Google Patents
-	US6312000	Espacenet Google Patents
-	US6554086	Espacenet Google Patents
-	US6935448	Espacenet Google Patents
-	US7066290	Espacenet Google Patents
-	US7264272	Espacenet Google Patents
-	US7374002	Espacenet Google Patents

Docket Entries

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

2011-05-27

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COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

2011-05-27

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COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

2011-05-27

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COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

2011-05-27

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Permobil, Inc. v. Sunrise Medical HHG, Inc.

Overview

Parties

Defendant

Sunrise Medical HHG, Inc. Follow

Represented By

Sunrise Medical (US) LLC Follow

Represented By

Permobil, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

COMPLAINT against Sunrise Medical HHG, Inc., filed by Permobil, Inc. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(rd) (Entered: 05/27/2011)

CORPORATE DISCLOSURE STATEMENT filed by Permobil, Inc. (rd) (Entered: 05/27/2011)

MOTION for attorney David Z. Petty to Appear Pro Hac Vice by Permobil, Inc. (filing fee paid $75.00) (Attachment: # 1 Copy of Certificate of Good Standing from USDC/NDIL)(rd) (Entered: 05/27/2011)

MOTION for attorney Patrick J. Arnold, Jr. to Appear Pro Hac Vice by Permobil, Inc. (filing fee paid $75.00) (Attachment: # 1 Copy of Certificate of Good Standing from USDC/NDIL)(rd) (Entered: 05/27/2011)

NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement. (rd) (Entered: 05/27/2011)

NOTICE of Initial Case Management Conference set for 2:00 p.m. on Friday, 8/19/11 in Courtroom A859 before District Judge William J. Haynes Jr. (rd) (Entered: 05/27/2011)

Bar status for attys Jennifer Lynne Finger of TN and David Z. Petty & Patrick J. Arnold, Jr. of IL verified as active this date. (rd)

ORDER granting 4 Motion for Patrick J. Arnold to Appear Pro Hac Vice. Signed by District Judge William J. Haynes, Jr on 6/2/2011. (hb) (Entered: 06/02/2011)

ORDER REASSIGNING CASE. Case reassigned to District Judge Kevin H. Sharp for all further proceedings. District Judge William J. Haynes, Jr no longer assigned to case. Signed by District Judge William J. Haynes, Jr on 6/1/11. (af) (Entered: 06/03/2011)

ORDER: Pltf's 3 Motion for atty David Z. Petty to Appear Pro Hac Vice is GRANTED. Signed by District Judge Kevin H. Sharp on 7/6/11. (rd) (Entered: 07/06/2011)

ORDER: This case is hereby referred to Magistrate Judge E. Clifton Knowles for case management purposes. Signed by District Judge Kevin H. Sharp on 7/6/11. (rd) (Entered: 07/06/2011)

SUMMONS returned executed by Permobil, Inc.. Sunrise Medical HHG, Inc. served on 7/22/2011. (Petty, David) (Entered: 07/26/2011)

ANSWER to 1 Complaint, Answer, Affirmative Defenses and Counterclaims, COUNTERCLAIM against Permobil, Inc. by Sunrise Medical HHG, Inc..(Galanter, Joel) (Entered: 08/11/2011)

CORPORATE DISCLOSURE STATEMENT filed by Sunrise Medical HHG, Inc.. (Galanter, Joel) (Entered: 08/11/2011)

PROPOSED CASE MANAGEMENT ORDER (Joint) filed by All Parties. (Arnold, Patrick) (Entered: 08/22/2011)

Joint MOTION for Leave to Appear at Case Management Conference by Telephone by Permobil, Inc., Sunrise Medical HHG, Inc.. (Attachments: # 1 Proposed Order)(Galanter, Joel) (Entered: 08/23/2011)

ORDER granting 16 Motion for Leave to Appear at Case Mgt Conference by Telephone. Signed by Magistrate Judge E. Clifton Knowles on 8/24/11. (tmw) (Entered: 08/24/2011)

MOTION for attorney(s) David J. Sheikh to Appear Pro Hac Vice (PHV FEE PAID) by Sunrise Medical HHG, Inc.. (Attachments: # 1 Proposed Order)(Galanter, Joel) Modified text on 9/9/2011 (tmw). (Entered: 08/29/2011)

MOTION for attorney(s) Dina M. Hayes to Appear Pro Hac Vice (PHV FEE PAID) by Sunrise Medical HHG, Inc.. (Attachments: # 1 Proposed Order)(Galanter, Joel) Modified text on 9/9/2011 (tmw). (Entered: 08/29/2011)

CERTIFICATE OF GOOD STANDING of Attorney David J. Sheikh from the United States District Court for the Northern of Illinois filed by Sunrise Medical HHG, Inc.. (Galanter, Joel) (Entered: 08/29/2011)

CERTIFICATE OF GOOD STANDING of Attorney Dina Marie Hayes from the United States District Court for the Northern of Illinois filed by Sunrise Medical HHG, Inc.. (Galanter, Joel) (Entered: 08/29/2011)

ANSWER to 13 Answer to Complaint, Counterclaim by Permobil, Inc..(Arnold, Patrick) (Entered: 08/29/2011)

Bar status of Attys David J. Sheikh and Dina M. Hayes of IL verified as active this date. (tmw)

DISREGARD DE No. 19 . Atty's office called and stated they have requested the appropriate Certificates of Good Standing from a U.S. District Court for DE Nos. 18 and 20 and will file those immediately upon their receipt. (tmw)

Minute Entry for proceedings held before Magistrate Judge E. Clifton Knowles: Initial Case Management Conference held on 8/29/2011 by telephone. Order to enter. (hv)

RECEIPT #34675018295 in the amount of $150, PHV fees for Attys Sheikh and Hayes, re 18 and 20 Motions to Appear Pro Hac Vice. (tmw) (Entered: 09/08/2011)

ORDER granting 18 Motion for David J. Sheikh to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 9/9/11. (tmw) (Entered: 09/09/2011)

ORDER granting 20 Motion for Dina M. Hayes to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 9/9/11. (tmw) (Entered: 09/09/2011)

Joint MOTION for Protective Order by Permobil, Inc., Sunrise Medical HHG, Inc.. (Attachments: # 1 Exhibit A)(Arnold, Patrick) (Entered: 09/16/2011)

PROTECTIVE ORDER signed by Magistrate Judge E. Clifton Knowles on 9/19/2011. (hb)

CERTIFICATE OF SERVICE by Permobil, Inc. re 30 MOTION to Stay Proceedings Pending the Outcome of Plaintiff's Reexamination Request (Arnold, Patrick) (Entered: 11/09/2011)

ORDER: Deft's 32 Unopposed Motion for Entry of Order Extending Time to Respond to 30 Motion to Stay is GRANTED. Deft shall respond by 12/6/11. Signed by District Judge Kevin H. Sharp on 11/14/11. (rd) (Entered: 11/14/2011)

MOTION for Protective Order Relieving Plaintiff From Its Obligation To Respond To Defendant's Discovery Requests Pending The Court's Decision On Plaintiff's Motion To Stay by Permobil, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Arnold, Patrick) (Entered: 11/15/2011)

NOTICE of Filing by Permobil, Inc. (Attachments: # 1 Exhibit 1- Joint Written Statement, # 2 Exhibit 2 - Certificate of Consultation)(Arnold, Patrick) (Entered: 11/16/2011)

Minute Entry for proceedings held before Magistrate Judge E. Clifton Knowles: Telephone Conference held on 1/19/2012 on discovery issue. Order to enter. (hv)

ORDER granting 42 Motion for Leave to File Document Under Seal. Signed by District Judge Kevin H. Sharp on 2/7/12. (afs) (Entered: 02/07/2012)

ORDER granting 46 Motion for Leave to File Reply. Signed by District Judge Kevin H. Sharp on 2/16/12. (afs) (Entered: 02/16/2012)

MOTION to Ascertain Status of The Pending Renewed Motion to Stay re 41 by Permobil, Inc.. (Arnold, Patrick) (Entered: 03/07/2012)

DISREGARD DE No. 50 . Local counsel called and stated they will re-file a corrected Motion. (tmw)

MOTION for attorney(s) Mark Sobanski to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Sunrise Medical HHG, Inc.. (Attachments: # 1 Proposed Order)(Galanter, Joel) (Entered: 04/11/2012)

CERTIFICATE OF GOOD STANDING of Attorney Mark Sobanski from the United States District Court for the Northern of Ohio filed by Sunrise Medical HHG, Inc.. (Galanter, Joel) (Entered: 04/11/2012)

RECEIPT #34675021249 in the amount of $75.00 posted by Sunrise Medical HHG, Inc. re 51 Motion to Appear Pro Hac Vice. (afs) (Entered: 04/13/2012)

ORDER: Deft's 51 Motion for Atty Mark Sobanski to Appear Pro Hac Vice is GRANTED. Signed by Magistrate Judge E. Clifton Knowles on 4/16/12. (rd) (Entered: 04/16/2012)

MOTION for Summary Judgment Sunrise Medical HHG, Inc.'s Motion for Summary Judgment of Infringement by Sunrise Medical HHG, Inc.. (Sheikh, David) (Entered: 07/31/2012)

MOTION for Leave to File Document Under Seal Motion for Leave to File Papers Relating to Sunrise Medical HHG, Inc.'s Motion for Summary Judgment of Infringement Under Seal by Sunrise Medical HHG, Inc.. (Sheikh, David) (Entered: 07/31/2012)

Sealed Document Memorandum in Support of Sunrise Medical HHG, Inc.'s Motion for Summary Judgment of Infringement of U.S. Patent No. 7,896,394 filed by Sunrise Medical HHG, Inc.. (Sheikh, David) (Entered: 07/31/2012)

MOTION re 60 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), 58 Sealed Document, Motion to File Exhibit Manually by Sunrise Medical HHG, Inc.. (Sheikh, David) (Entered: 07/31/2012)

MOTION for Leave to File Document Under Seal Motion for Leave to File Papers Relating to Permobil, Inc's Motions (3) for Summary Judgment by Permobil, Inc.. (Arnold, Patrick) (Entered: 07/31/2012)

ORDER granting 57 Motion for Leave to File Document Under Seal. Signed by District Judge Kevin H. Sharp on 8/1/12. (afs) (Entered: 08/01/2012)

ORDER granting 61 Motion To File Exhibit Manually. Signed by District Judge Kevin H. Sharp on 8/1/12. (afs) (Entered: 08/01/2012)

ORDER granting 62 Motion for Leave to File Document Under Seal. Signed by District Judge Kevin H. Sharp on 8/1/12. (afs) (Entered: 08/01/2012)

NOTICE of Filing by Sunrise Medical HHG, Inc. re 70 Order on Motion for Miscellaneous Relief, 58 Sealed Document, (Notice of filing Exhibit Manually) (Galanter, Joel) (Entered: 08/02/2012)

NOTICE of Manual Filing by Sunrise Medical HHG, Inc. re 58 Sealed Document, DVD received in Clerk's Office and forwarded to chambers.(afs)

ORDER granting 73 Motion for Extension of Time to File Response to 56 MOTION for Summary Judgment. Parties shall have until 9/7/2012 within which to file a response. Signed by District Judge Kevin H. Sharp on 8/8/12. (dt) (Entered: 08/08/2012)

MOTION to Seal by Permobil, Inc.. (Arnold, Patrick) (Entered: 09/07/2012)

Sealed Document Plaintiff Permobil Inc.'s Memorandum in Opposition to Sunrise Medical HHG, Inc.'s Motion for Summary Judgement of Infringement filed by Permobil, Inc.. (Attachments: # 1 Exhibit F, # 2 Exhibit I, # 3 Exhibit N)(Arnold, Patrick) (Entered: 09/07/2012)

Sealed Document Permobil, Inc.'s Response to Sunrise Medical HHG, Inc.'s Concise Statement of Undisputed Facts and Concise Statement of Additional Material Facts filed by Permobil, Inc.. (Arnold, Patrick) (Entered: 09/07/2012)

MOTION for Leave to File Document Under Seal Motion for Leave to File Papers Relating to Sunrise Medical HHG, Inc.'s Opposition to Permobil's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,896,394 Under Seal by Sunrise Medical HHG, Inc.. (Sheikh, David) (Entered: 09/07/2012)

Sealed Document Sunrise Medical HHG, Inc.'s Opposition to 65 Permobil, Inc.'s Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,896,394 filed by Sunrise Medical HHG, Inc.. (Sheikh, David) Modified on 9/10/2012 (afs). (Entered: 09/07/2012)

RESPONSE in Opposition re 63 Plaintiff Permobil Inc.'s Motion and Memorandum in Support of Motion for Summary Judgment that U.S. Patent No. 7,896,394 is Invalid Pursuant to 35 U.S.C. filed by Sunrise Medical HHG, Inc.. (Sheikh, David) (Entered: 09/07/2012)

Sunrise Medical HHG, Inc.

Sunrise Medical (US) LLC

Permobil, Inc.