SoClean, Inc. v. Sunset Healthcare Solutions, Inc.
1:20-cv-10351
Overview
Case Number
1:20-cv-10351
Filing Date
2020-02-20
Status
Terminated
Termination Date
2023-04-10
Court
District Court, D. Massachusetts (mad)
Presiding Judge
Indira Talwani
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:145 Patent Infringement
Jury Demand
Both
Parties
Mediator
Defendant
Sunset Healthcare Solutions, Inc.
Represented By
11 Attorneys ListedArentFox Schiff LLP
Tel: +1 (617) 973-6100
Fax: +1 (617) 367-2315
800 Boylston Street, Ste 32nd Floor
Marshall, Gerstein & Borun LLP
Tel: +1 (312) 474-6300
Fax: +1 (312) 474-0448
233 S. Wacker Drive, 6300 Willis Tower
Marshall, Gerstein & Borun LLP
Tel: +1 (312) 474-6300
Fax: +1 (312) 474-0448
233 S. Wacker Drive, 6300 Willis Tower
Marshall, Gerstein & Borun LLP
Tel: +1 (312) 474-6300
Fax: +1 (312) 474-0448
233 S. Wacker Drive, 6300 Willis Tower
Marshall Gerstein & Borun LLP
Tel: +1 (312) 474-6300
Fax: +1 (312) 474-0448
233 South Wacker Drive, 6300 Sears Tower
Marshall, Gerstein & Borun, LLP.
Tel: +1 (312) 474-6300
Willis Tower,, 233 S Wacker Dr
Reed Smith LLP
Tel: +1 (312) 207-1000
Fax: +1 (312) 207-6400
10 South Wacker Drive, 40th Floor
Reed Smith LLP
Tel: +1 (312) 207-1000
Fax: +1 (312) 207-6400
10 South Wacker Drive, 40th Floor
Reed Smith LLP
Tel: +1 (312) 207-6444
10 South Wacker Drive, 40th Floor, Chicago, IL 60606
Reed Smith LLP
Tel: +1 (312) 207-6490
Fax: +1 (312) 207-6400
10 South Wacker Drive, 40th Floor
Burns & Levinson LLP
Tel: +1 (617) 345-3000
Fax: +1 (617) 345-3299
125 High Street, Boston, MA 02110
Plaintiff
SoClean, Inc.
Represented By
7 Attorneys ListedMintz Levin Cohn Ferris Glovsky & Popeo, P.C.
Tel: +1 (858) 314-1506
Fax: +1 (858) 314-1501
3580 Carmel Mountain Road, Suite 300
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC
Tel: +1 (617) 542-6000
One Financial Center, 42nd Flr., Boston, MA 02111
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC
Tel: +1 (617) 348-1625
One Financial Center, 42nd Flr., Boston, MA 02111
Takeda Pharmaceuticals
Tel: +1 (978) 979-7989
Takeda Pharmaceuticals, 35 Landsdowne Street
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
Tel: +1 (617) 542-6000
Fax: +1 (617) 542-2241
One Financial Center, Boston, MA 02111
Court & Judges
Court
District Court, D. Massachusetts (mad)
Presiding Judge
Indira Talwani
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
1
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
COMPLAINT and Request for a Temporary Restraining Order and / or a Preliminary Injunction against Sunset Healthcare Solutions, Inc. Filing fee: $ 400, receipt number 0101-8117950 (Fee Status: Filing Fee paid), filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
CORPORATE DISCLOSURE STATEMENT by SoClean, Inc. identifying Corporate Parent SoClean Parent LP for SoClean, Inc... (Hameline, H.) (Entered: 02/20/2020)
2020-02-20
1
Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction by SoClean, Inc..(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
1
MEMORANDUM in Support re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by SoClean, Inc.. (Hameline, H.) (Entered: 02/20/2020)
2020-02-20
1
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
1
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Clancy Galgay) by SoClean, 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)(Hameline, H.) (Entered: 02/20/2020)
2020-02-20
2
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Kurt Maw) by SoClean, Inc.. (Hameline, H.) (Entered: 02/20/2020)
2020-02-20
1
DECLARATION re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction (Declaration of Dean Marcarelli) by SoClean, Inc.. (Hameline, H.) (Entered: 02/20/2020)
2020-02-20
1
ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (adminn, ) (Entered: 02/21/2020)
2020-02-21
1
Summons Issued as to Sunset Healthcare Solutions, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Nici, Richard) (Entered: 02/21/2020)
2020-02-21
1
NOTICE of Appearance by Andrea L. Martin on behalf of Sunset Healthcare Solutions, Inc. (Martin, Andrea) (Entered: 02/21/2020)
2020-02-21
1
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 2/21/2020 Counsel appear for both parties. The court addresses counsel re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by SoClean, Inc. and sets a schedule. Defense Counsel are to file an opposition to the motion by Tuesday 2/25/20. Should counsel wish to file a reply, a motion for leave to file reply is due by 5:00pm on Wednesday 2/27/20. That motion shall include the number of pages anticipated and the substance of the reply. If that motion is allowed, the reply shall be filed by 2/27/20 at 12:00pm. A hearing will be held on 2/28/2020 at 11:00 AM before Judge Indira Talwani re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction.). (Court Reporter: Richard Romanow at bulldog@richromanow.com.) (Simeone, Maria) (Entered: 02/21/2020)
2020-02-21
1
NOTICE of Appearance by Thomas H. Wintner on behalf of SoClean, Inc. (Wintner, Thomas) (Entered: 02/24/2020)
2020-02-24
1
NOTICE of Appearance by Brendan C. Galgay on behalf of SoClean, Inc. (Galgay, Brendan) (Entered: 02/24/2020)
2020-02-24
1
AFFIDAVIT OF SERVICE Executed by SoClean, Inc.. Sunset Healthcare Solutions, Inc. served on 2/21/2020, answer due 3/13/2020. Acknowledgement filed by SoClean, Inc.. (Galgay, Brendan) (Entered: 02/24/2020)
2020-02-24
1
MEMORANDUM in Opposition re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by Sunset Healthcare Solutions, Inc.. (Martin, Andrea) (Entered: 02/25/2020)
2020-02-25
1
AFFIDAVIT of Chris Slosar in Opposition re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Martin, Andrea) (Entered: 02/25/2020)
2020-02-25
1
AFFIDAVIT of Andrea L. Martin in Opposition re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Martin, Andrea) (Entered: 02/25/2020)
2020-02-25
1
AFFIDAVIT of Dr. Michael Liebschner in Opposition re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Martin, Andrea) (Entered: 02/25/2020)
2020-02-25
1
CORPORATE DISCLOSURE STATEMENT by Sunset Healthcare Solutions, Inc.. (Martin, Andrea) (Entered: 02/25/2020)
2020-02-25
1
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer Y. DePriest, Brian D. Roche and Lawrence E. James Filing fee: $ 300, receipt number 0101-8125922 by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Certificate of Jennifer Y. DePriest, # 2 Certificate of Brian D. Roche, # 3 Certificate of Lawrence E. James)(Martin, Andrea) (Entered: 02/25/2020)
2020-02-25
1
Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING 21 Motion for Leave to Appear Pro Hac Vice Added Jennifer Y. DePriest,Brian D. Roche and Lawrence E. James. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 02/26/2020)
2020-02-26
1
ELECTRONIC NOTICE Resetting Hearing on Motion 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction : Motion Hearing set for 2/28/2020 09:30 AM in Courtroom 9 before Judge Indira Talwani. PLEASE NOTE THE TIME CHANGE (Kelly, Danielle) (Entered: 02/26/2020)
2020-02-26
1
ELECTRONIC NOTICE of Hearing. Evidentiary Hearing set for 2/28/2020 03:30 PM in Courtroom 9 before Judge Indira Talwani. The Evidentiary Hearing will be held ONLY if deemed necessary by the court (Kelly, Danielle) (Entered: 02/26/2020)
2020-02-26
1
MOTION for Leave to File a Reply Brief in Support of Emergency Motion for a Preliminary Injunction by SoClean, Inc..(Wintner, Thomas) (Entered: 02/26/2020)
2020-02-26
1
Judge Indira Talwani: ELECTRONIC ORDER entered granting 25 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Talwani, Indira) (Entered: 02/26/2020)
2020-02-26
1
Order on Motion for Leave to Appear
2020-02-26
1
No Actions
Order on Motion for Leave to File Document
2020-02-26
1
No Actions
REPLY to Response to 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by SoClean, Inc.. (Hameline, H.) (Entered: 02/27/2020)
2020-02-27
1
DECLARATION re 27 Reply to Response to Motion (Supplemental Declaration of Dean Marcarelli) by SoClean, Inc.. (Hameline, H.) (Entered: 02/27/2020)
2020-02-27
1
REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Galgay, Brendan) (Entered: 02/27/2020)
2020-02-27
1
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 2/28/2020 re 3 Emergency MOTION for an Ex Parte Temporary Restraining Order and / or a Preliminary Injunction filed by SoClean, Inc. Case called. Court heard argument from counsel. Evidentiary Hearing this afternoon is canceled. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Galgay, Wintner, Martin, Roche, DePriest, James) (MacDonald, Gail) (Entered: 02/28/2020)
2020-02-28
1
Judge Indira Talwani: ORDER entered. Although the court finds that SoClean has demonstrated a substantial likelihood of success on the merits, the court may not issue a preliminary injunction in the absence of a clear showing of irreparable harm. Win ter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). Accordingly, the other factors of the analysis need not be reached at this time. Plaintiffs Motion for Preliminary Injunction [#3] is DENIED without prejudice to renew. See attached Memorandum and Order. (Talwani, Indira)
2020-02-28
1
NOTICE of Scheduling Conference. Scheduling Conference set for 3/30/2020 03:15 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 03/02/2020)
2020-03-02
1
NOTICE of Appearance by Howard J. Susser on behalf of Sunset Healthcare Solutions, Inc. (Susser, Howard) (Entered: 03/04/2020)
2020-03-04
1
Transcript of Hearing on Motion for Preliminary Injunction held on February 28, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com. Redaction Request due 3/31/2020. Redacted Transcript Deadline set for 4/10/2020. Release of Transcript Restriction set for 6/8/2020. (Belpedio, Lisa) (Entered: 03/10/2020)
2020-03-10
1
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Belpedio, Lisa) (Entered: 03/10/2020)
2020-03-10
1
ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against SoClean, Inc. by Sunset Healthcare Solutions, Inc..(Martin, Andrea) (Entered: 03/13/2020)
2020-03-13
1
JOINT SUBMISSION pursuant to Local Rule 16.1 (D) by SoClean, Inc..(Wintner, Thomas) (Entered: 03/23/2020)
2020-03-23
1
CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by SoClean, Inc..(Wintner, Thomas) (Entered: 03/23/2020)
2020-03-23
1
CERTIFICATION pursuant to Local Rule 16.1 . (Martin, Andrea) (Entered: 03/23/2020)
2020-03-23
1
Judge Indira Talwani: ELECTRONIC ORDER cancelling Rule 16 conference. In light of the coronavirus pandemic, General Order 20-2 issued by Chief Judge Saylor to protect public health and reduce unnecessary travel, and the parties' Rule 16 Joint Statement 37 setting forth no disagreements as to a proposed scheduling order, the court is cancelling the Rule 16 conference set for March 30, 2020, and issuing a written scheduling order. Any party may request a rescheduled Rule 16 conference or a status conference by motion or by email to the courtroom deputy clerk, with a copy to all counsel. (Kelly, Danielle) (Entered: 03/24/2020)
2020-03-24
1
Order Canceling Deadline
2020-03-24
1
No Actions
ANSWER to Counterclaim with Affirmative Defenses by SoClean, Inc..(Wintner, Thomas) (Entered: 04/03/2020)
2020-04-03
1
AMENDED COMPLAINT against Sunset Healthcare Solutions, Inc., filed by SoClean, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Wintner, Thomas) (Entered: 04/03/2020)
2020-04-03
1
NOTICE of Appearance by Matthew S. Galica on behalf of SoClean, Inc. (Galica, Matthew) (Entered: 04/17/2020)
2020-04-17
1
ANSWER to 42 Amended Complaint, COUNTERCLAIM against SoClean, Inc. by Sunset Healthcare Solutions, Inc..(Martin, Andrea) (Entered: 04/17/2020)
2020-04-17
1
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of I. Cem Kuru Filing fee: $ 100, receipt number 0101-8216791 by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Certificate of I. Cem Kuru)(Martin, Andrea) (Entered: 04/28/2020)
2020-04-28
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 45 Motion for Leave to Appear Pro Hac Vice Added I. Cem Kuru. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 04/28/2020)
2020-04-28
1
Order on Motion for Leave to Appear
2020-04-28
1
No Actions
STIPULATION for Protective Order by SoClean, Inc.. (Wintner, Thomas). (Additional attachment(s) added on 5/7/2020: # 1 Exhibit A - Confidentiality Acknowledgment). Modified on 5/7/2020: Extracted exhibit from main document to properly file as attachment. (Kelly, Danielle). (Entered: 05/06/2020)
2020-05-06
1
STIPULATION - Stipulated Protocol Governing Discovery of Hardcopy and Electronically-Stored Information - by SoClean, Inc.. (Wintner, Thomas) (Entered: 05/06/2020)
2020-05-06
1
Judge Indira Talwani: ORDER entered. Order Adopting Parties' Stipulation for Protective Order. Please see attached Order.(Kelly, Danielle) (Entered: 05/07/2020)
2020-05-07
1
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael R. Weiner; Mark H. Izraelewicz; John R. Labbe; and Thomas R. Burns Filing fee: $ 400, receipt number 0101-8240241 by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Certificate of Michael R. Weiner, # 2 Certificate of Mark H. Izraelewicz, # 3 Certificate of John R. Labbe, # 4 Certificate of Thomas R. Burns)(Martin, Andrea) (Entered: 05/13/2020)
2020-05-13
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 50 Motion for Leave to Appear Pro Hac Vice Added Mark H. Izraelewicz, Michael R. Weiner, John R. Labb & Thomas R. Burns. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 05/14/2020)
2020-05-14
1
Order on Motion for Leave to Appear
2020-05-14
1
No Actions
Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please See Attached Order. (Kelly, Danielle) (Entered: 05/22/2020)
2020-05-22
1
Joint Claim Construction and Prehearing Statement by SoClean, Inc.. (Attachments: # 1 Exhibit A - Chart of Disputed Claim Terms and Proposed Constructions)(Galica, Matthew) (Entered: 06/12/2020)
2020-06-12
1
Joint MOTION to Continue Markman Hearing (Joint Motion to Reset Markman Hearing) by Sunset Healthcare Solutions, Inc., and by SoClean, Inc..(Wintner, Thomas) (Entered: 06/16/2020)
2020-06-16
1
Judge Indira Talwani: ELECTRONIC ORDER entered granting 54 Joint MOTION to Continue Markman Hearing. Markman Hearing set for 7/21/2020, is RESET for 8/3/2020 02:30 PM before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-sig nup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) (Entered: 06/17/2020)
2020-06-17
1
~Util - Terminate Motions AND ~Util - Set Hearings AND Order
2020-06-17
1
No Actions
~Util - Set Hearings AND Order AND ~Util - Terminate Motions
2020-06-17
1
No Actions
~Util - Set Hearings AND ~Util - Terminate Motions AND Order
2020-06-17
1
No Actions
Markman Brief by Sunset Healthcare Solutions, Inc.. (Izraelewicz, Mark) (Entered: 06/19/2020)
2020-06-19
1
Markman Brief by SoClean, Inc.. (Attachments: # 1 Exhibit - 1, # 2 Exhibit - 2, # 3 Exhibit - 3, # 4 Exhibit - 4, # 5 Exhibit - 5)(Galica, Matthew) (Entered: 06/19/2020)
2020-06-19
1
DECLARATION re 56 Markman Brief Declaration of Mark H. Izraelewicz by Sunset Healthcare Solutions, 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)(Izraelewicz, Mark) (Entered: 06/19/2020)
2020-06-19
1
DECLARATION re 56 Markman Brief Declaration of S. David Piper, P.E. by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Izraelewicz, Mark) (Entered: 06/19/2020)
2020-06-19
1
NOTICE Resetting a Hearing. Markman Hearing set for 8/3/2020 is RESET for 7/29/2020 10:00 AM before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may ref er to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) (Entered: 07/02/2020)
2020-07-02
1
Defendant's Responsive Claim Construction Brief Response by Sunset Healthcare Solutions, Inc. to 57 Markman Brief . (Izraelewicz, Mark) (Entered: 07/10/2020)
2020-07-10
1
BRIEF by SoClean, Inc. to 56 Markman Brief (Plaintiff SoClean, Inc.'s Responsive Claim Construction Brief). (Galica, Matthew) (Entered: 07/10/2020)
2020-07-10
1
DECLARATION re 61 Response Declaration of Mark H. Izraelewicz in Support of Defendant's Responsive Claim Construction Brief by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q)(Izraelewicz, Mark) (Entered: 07/10/2020)
2020-07-10
1
DECLARATION re 62 Brief (Declaration of Matthew S. Galica In Support of Plaintiff SoClean, Inc.'s Responsive Claim Construction Brief) by SoClean, Inc.. (Attachments: # 1 Exhibit - 1, # 2 Exhibit - 2, # 3 Exhibit - 3, # 4 Exhibit - 4, # 5 Exhibit - 5, # 6 Exhibit - 6, # 7 Exhibit - 7, # 8 Exhibit - 8, # 9 Exhibit - 9, # 10 Exhibit - 10, # 11 Exhibit - 11, # 12 Exhibit - 12, # 13 Exhibit - 13, # 14 Exhibit - 14, # 15 Exhibit - 15, # 16 Exhibit - 16, # 17 Exhibit - 17, # 18 Exhibit - 18, # 19 Exhibit - 19, # 20 Exhibit - 20)(Galica, Matthew) (Entered: 07/10/2020)
2020-07-10
1
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Markman Hearing held by video conference on 7/29/2020. Case called. Court heard argument from counsel. Counsel has provided copies of their presentations to the court and each other. Counsel to promptly advise the court of any resolution of terms. The court will review terms and issue a decision. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Matthew S. Galica; Thomas H. Wintner; Andrea L. Martin; John R. Labbe; Mark Izraelewicz) (MacDonald, Gail) (Entered: 07/29/2020)
2020-07-29
1
Judge Indira Talwani: ORDER entered. ORDER ON CLAIM CONSTRUCTION. Please see attached Order. (Kelly, Danielle) (Entered: 07/31/2020)
2020-07-31
1
Transcript of Markman Hearing held on July 29, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 8/21/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/29/2020. (Belpedio, Lisa) (Entered: 07/31/2020)
2020-07-31
1
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Belpedio, Lisa) (Entered: 07/31/2020)
2020-07-31
1
STIPULATION AND PROPOSED ORDER CONCERNING THE CONSTRUCTION OF "EXTENDS THROUGH THE WALL" / "EXTENDING THROUGH THE OUTER WALL" by Sunset Healthcare Solutions, Inc.. (Izraelewicz, Mark) (Entered: 08/28/2020)
2020-08-28
1
MOTION to Amend PRELIMINARY PATENT DISCLOSURES by Sunset Healthcare Solutions, Inc..(Izraelewicz, Mark) (Entered: 08/28/2020)
2020-08-28
1
MEMORANDUM in Support re 70 MOTION to Amend PRELIMINARY PATENT DISCLOSURES filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A (Proposed Supplemental Contentions), # 2 Exhibit B (Proposed Claim Chart))(Izraelewicz, Mark) (Entered: 08/28/2020)
2020-08-28
1
Judge Indira Talwani: ORDER entered. STIPULATION AND ORDER Concerning The Construction Of "Extends Through The Wall" / "Extending Through The Outer Wall". (Kelly, Danielle) (Entered: 09/01/2020)
2020-09-01
1
Opposition re 70 MOTION to Amend PRELIMINARY PATENT DISCLOSURES (Plaintiff SoClean, Inc.'s Opposition to Defendant's Motion for Leave to Supplement Preliminary Patent Disclosures) filed by SoClean, Inc.. (Galica, Matthew) (Entered: 09/11/2020)
2020-09-11
1
Assented to MOTION for Leave to File Defendant's Reply in Support of its Motion For Leave to Supplement Preliminary Patent Disclosures by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A (Proposed Reply Brief))(Izraelewicz, Mark) (Entered: 09/11/2020)
2020-09-11
1
NOTICE issued to Attorney I. Cem Kuru regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 09/14/2020)
2020-09-14
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 74 Assented to Motion for Leave to File Defendant's Reply in Support of its Motion For Leave to Supplement Preliminary Patent Disclosures; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 09/14/2020)
2020-09-14
1
REPLY to Response to 70 MOTION to Amend PRELIMINARY PATENT DISCLOSURES filed by Sunset Healthcare Solutions, Inc.. (Izraelewicz, Mark) (Entered: 09/14/2020)
2020-09-14
1
NOTICE of Withdrawal of Appearance by Andrea L. Martin Notice of Withdrawal of I. Kem Curu From Representation of Sunset Healthcare Solutions, Inc. (Martin, Andrea) (Entered: 09/14/2020)
2020-09-14
1
Order on Motion for Leave to File Document
2020-09-14
1
No Actions
Joint MOTION for Extension of Time to 4/2/2021 to Complete Discovery and File Dispositive Motions by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Text of Proposed Order PROPOSED ORDER)(Labbe, John) (Entered: 09/28/2020)
2020-09-28
1
Judge Indira Talwani: ORDER entered. ORDER EXTENDING CASE DEADLINES. Status Conference set for 10/07/2020 is RESET to 12/8/2020 02:45 PM in Remote Proceeding : Boston before Judge Indira Talwani. This conference will be held telephonically. The parties are instructed to call 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system.(Kelly, Danielle) (Entered: 09/29/2020)
2020-09-29
1
NOTICE of Withdrawal of Appearance by Andrea L. Martin [WITHDRAWAL OF LAWRENCE E. JAMES] (Martin, Andrea) (Entered: 10/08/2020)
2020-10-08
1
ELECTRONIC NOTICE OF RESCHEDULING. Status Conference set for 12/8/2020 is RESET for 12/10/2020 04:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158(MacDonald, Gail) (Entered: 10/16/2020)
2020-10-16
1
Notice of Rescheduling
2020-10-16
1
No Actions
ELECTRONIC NOTICE OF RESCHEDULING. Status Conference set for 12/10/2020 is RESET for 12/29/2020 02:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (MacDonald, Gail) (Entered: 11/22/2020)
2020-11-22
1
Notice of Rescheduling
2020-11-22
1
No Actions
Defendant Sunset Healthcare Solutions, Inc.'s Letter/request (non-motion) from Michael R. Weiner regarding assistance in resolving a discovery dispute. (Weiner, Michael) (Entered: 11/25/2020)
2020-11-25
1
MOTION for Leave to Supplement Preliminary Patent Disclosures by SoClean, Inc..(Galica, Matthew) (Entered: 11/27/2020)
2020-11-27
1
MEMORANDUM in Support re 85 MOTION for Leave to Supplement Preliminary Patent Disclosures filed by SoClean, Inc.. (Galica, Matthew) (Entered: 11/27/2020)
2020-11-27
1
AFFIDAVIT in Support re 85 MOTION for Leave to Supplement Preliminary Patent Disclosures (Declaration of Matthew S. Galica In Support of SoClean, Inc.'s Motion for Leave to Supplement Preliminary Patent Disclosures) filed by SoClean, Inc.. (Attachments: # 1 Exhibit - 1, # 2 Exhibit - 2 (Filed Under Seal), # 3 Exhibit - 3, # 4 Exhibit - 4, # 5 Exhibit - 5 (Filed Under Seal), # 6 Exhibit - 6, # 7 Exhibit - 7, # 8 Exhibit - 8 (Filed Under Seal))(Galica, Matthew) (Entered: 11/27/2020)
2020-11-27
1
Assented to MOTION to Seal (Unopposed Motion to Impound Exhibits 2, 5, and 8 to the Declaration of Matthew S. Galica in Support of SoClean's Motion for Leave to Serve Supplmental Preliminary Patent Disclosures) by SoClean, Inc..(Galica, Matthew) (Entered: 11/27/2020)
2020-11-27
1
Judge Indira Talwani: ELECTRONIC ORDER allowing Defendant's Motion for Leave to Supplement its Preliminary Patent Disclosures 70 . Shortly after the court issued its Order on Claim Construction 66, Sunset requested leave to amend its preliminary disclosures to include two new invalidity contentions: (1) that the asserted claims are obvious over the prior art, and (2) that claim 17 of the '492 Patent is indefinite in view of the court's construction of "outer wall" and the stipulated construction of "extending through the outer wall." Sunset's Mot. Amend 2-3 71 . Pursuant to this court's Scheduling Order 4 52 and Local Rule 16.6(d)(5)(A), "a claim construction by the court that is different from that proposed by the party seeking amendment" supports a finding of good cause for a party to amend its preliminary patent-related disclosures so long as there is not "undue prejudice to the nonmoving party." SoClean opposes the motion, asserting that Sunset "fails to explain how the court's claim construction ruling differs from their previous arguments relating to claim construction." SoClean Oppn 2 73 . Sunset needs no further showing to establish good cause, however, where the claim construction order expressly rejected the constructions initially put forth by Sunset and largely adopted those put forth by SoClean, Sunset sought the amendment promptly, and SoClean has shown no prejudice.SoClean also objects to Sunset's proposed amended preliminary disclosures on the basis that they fail to comply with Local Rule 16.6(d)(4)(E) in two ways. SoClean Opp'n 3-4 73 . First, SoClean contends that Sunset provides only "boilerplate, conclusory reasons to combine its list of references." SoClean Opp'n 3-4 [#73]. Second, SoClean contends that Sunset's supplemental invalidity charts do not identify the primary and secondary references purported to make up each proposed obviousness combination. Id. at 4. As an initial matter, SoClean's complaints with regard to the sufficiency of the disclosures is a separate question from whether Sunset should be granted leave to amend its disclosures following the court's order on claim construction. Moreover, SoClean's argument that the disclosures are facially insufficient is not compelling at this time. SoClean contends that the disclosures are "conclusory" and "leaves SoClean entirely in the dark" but SoClean fails to address portions of the disclosures where Sunset appears to explain its basis for arguing why a person of ordinary skill would have been motivated to combine the disclosed references. See, e.g., Sunset's Proposed Supplemental Preliminary Patent Disclosures 3-4 [#71-1]. SoClean also fails to explain why identification of references as "primary" or "secondary" is necessary as applied here. Cf. LR 16.6(d)(4)(E)(ii) ("If applicable, the accused infringer shall also identify the primary and secondary references in each such combination") (emphasis added). Regardless, the court need not fully resolve the question of whether the proposed amended disclosures are sufficient now. That question will instead largely turn on whether these disclosures were sufficient to convey to SoClean the basis for Sunset's forthcoming invalidity defenses. Once those arguments are put before the court, if SoClean still contends that the arguments were not sufficiently disclosed, SoClean may raise the issue and request the appropriate relief at that time. (Kelly, Danielle) (Entered: 11/30/2020)
2020-11-30
1
ELECTRONIC NOTICE OF RESCHEDULING: The Status Conference set for 12/29/2020 is RESET for 12/4/2020 02:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. PLEASE NOTE CHANGE TO EARLIER DATE. (MacDonald, Gail) (Entered: 11/30/2020)
2020-11-30
1
CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 85 MOTION for Leave to Supplement Preliminary Patent Disclosures by Matthew S. Galica on behalf of SoClean, Inc.. (Galica, Matthew) (Entered: 11/30/2020)
2020-11-30
1
Notice of Rescheduling
2020-11-30
1
No Actions
Order on Motion to Amend
2020-11-30
1
No Actions
Judge Indira Talwani: ELECTRONIC ORDER: Before the court is Plaintiff SoClean Inc.'s ("SoClean") Unopposed Motion to Impound Exhibits 2, 5, and 8 to the Declaration of Matthew S. Galica 88 . SoClean states that the court should grant it leave to file exhibit 2--SoClean's supplemental infringement chart--under seal on the basis that Defendant Sunset Healthcare Solutions Inc. ("Sunset") has deemed the chart "Highly Confidential" under the standards set forth in the Parties' Stipulated Protective Order 49 . SoClean also argues that it should be granted leave to file exhibits 5 and 8--excerpts of deposition transcripts--under seal because the parties "agreed that the entire transcripts should be designated as 'Highly Confidential' during the depositions."Because the public has a "presumptive" right of access to judicial documents, United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013) (citing Siedle v. Putnam Invs., Inc., 147 F.3d 7, 10 (1st Cir. 1998)), "'only the most compelling reasons can justify non-disclosure of judicial records that come within the scope of the common-law right of access.'" Id. (quoting In re Providence Journal Co., 293 F.3d 1, 10 (1st Cir. 2002)). The burden is thus on the impoundment-seeking party to show that impoundment will not violate the public's presumptive right of access. See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003) ("A party asserting good cause bears the burden, for each particular document it seeks to protect, of showing that specific prejudice or harm will result if no protective order is granted") (citing Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002)). Here, the parties requesting impoundment of the respective documents have only put forth conclusory assertions as to the documents' confidential nature and not "'a particular factual demonstration of potential harm"' as required under the law of this Circuit. See Kravetz, 706 F.3d at 60 (quoting Fed. Trade Comm'n v. Standard Fin. Mgmt. Corp., 830 F.2d 404, 412 (1st Cir. 1987)). Accordingly, Sunset shall file a response to SoCleans motion, stating whether Sunset contends that the material at issue should be filed under seal, and if so, setting forth a particular factual demonstration of potential harm. If Sunset no longer objects to the public disclosure of the material or the parties agree to the filing of redacted documents in lieu of filing under seal, Sunset should so specify. If SoClean contends the material should be filed under seal for some reason other than compliance with the Stipulated Protective Order 49, SoClean may file a supplemental memorandum in support of the motion. Any memorandum shall be filed by December 8, 2020. (Kelly, Danielle) (Entered: 12/02/2020)
2020-12-02
1
Letter/request (non-motion) from Clancy Galgay in Response to Sunset Healthcare Solutions, Inc.'s Letter [ECF No. 84] Requesting the Court's Assistance in Resolving a Discovery Dispute. (Galgay, Brendan) (Entered: 12/02/2020)
2020-12-02
1
Order
2020-12-02
1
No Actions
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 12/4/2020. Case called. Court held colloquy with counsel on status of discovery. Parties to meet and confer regarding possible amendments to scheduling order and whether the court should refer the case to a magistrate judge for mediation. The court also held colloquy with counsel regarding the recently filed discovery letters 84, 93 . Counsel to meet and confer and file motion if the parties are not able to reach a resolution in light of court's guidance. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Galgay, Galica, Hameline, Wintner, Izraelewicz, Labbe, Martin, and Weiner.) (IT, law2) (Entered: 12/04/2020)
2020-12-04
1
Status Conference
2020-12-04
1
No Actions
Notice of Withdrawal of motion: 88 Assented to MOTION to Seal (Unopposed Motion to Impound Exhibits 2, 5, and 8 to the Declaration of Matthew S. Galica in Support of SoClean's Motion for Leave to Serve Supplmental Preliminary Patent Disclosures) filed by SoClean, Inc... (Galica, Matthew) Modified on 12/9/2020: Corrected docket text (Kelly, Danielle). (Entered: 12/08/2020)
2020-12-08
1
EXHIBIT re 87 Affidavit in Support of Motion,, (Exhibits 2, 5, and 8 to the Declaration of Matthew S. Galica in Support of SoClean's Motion for Leave to Serve Supplemental Preliminary Patent Disclosures) by SoClean, Inc.. (Attachments: # 1 Exhibit - 2 to Galica Declaration, # 2 Exhibit - 5 to Galica Declaration, # 3 Exhibit - 8 to Galica Declaration)(Galica, Matthew) (Entered: 12/08/2020)
2020-12-08
1
Opposition re 85 MOTION for Leave to Supplement Preliminary Patent Disclosures Sunset's Opposition to SoClean's Motion for Leave to Amend Infringement Contentions filed by Sunset Healthcare Solutions, 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)(Weiner, Michael) (Entered: 12/11/2020)
2020-12-11
1
Joint MOTION to Extend Case Deadlines by Sunset Healthcare Solutions, Inc. and by SoClean, Inc..(Wintner, Thomas) (Entered: 12/17/2020)
2020-12-17
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 98 Joint Motion to Extend Case Deadlines. Status Conference set for 5/25/2021 02:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This conference will be held by telephone. The parties are instructed to call 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (Kelly, Danielle) (Entered: 12/18/2020)
2020-12-18
1
Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution for Mediation. (Kelly, Danielle) (Entered: 12/18/2020)
2020-12-18
1
Order
2020-12-18
1
No Actions
Order Referring Case to ADR
2020-12-18
1
No Actions
Notice of assignment to ADR Provider. Judge Kenneth P. Neiman appointed.(Belpedio, Lisa) (Entered: 01/12/2021)
2021-01-12
1
ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 1/15/2021 at 12:00 PM before Magistrate Judge Kenneth P. Neiman. Call in info sent via email. (Figueroa, Tamara) (Entered: 01/13/2021)
2021-01-13
1
Notice of ADR Conference
2021-01-13
1
No Actions
Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Telephone Conference held on 1/15/2021. ADR scheduled for 2/18/21 at 10:00 AM. (Court Reporter: None.) (Figueroa, Tamara) (Entered: 01/19/2021)
2021-01-15
1
ELECTRONIC NOTICE of ADR Conference: Alternative Dispute Resolution Hearing set for 2/18/2021 at 10:00 AM in Remote Proceeding : Springfield before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) (Entered: 01/19/2021)
2021-01-19
1
Magistrate Judge Kenneth P. Neiman: ORDER entered. Order with Respect to Mediation. See Order for complete details. (Figueroa, Tamara) (Entered: 01/19/2021)
2021-01-19
1
Telephone Conference
2021-01-19
1
No Actions
Notice of ADR Conference
2021-01-19
1
No Actions
Joint MOTION for Extension of Time to Extend Case Deadlines and Joint Request to Grant SoClean's Motion to Amend Infringement Contentions (Dkt No. 85) by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Text of Proposed Order Stipulation and [Proposed] Order)(Labbe, John) (Entered: 01/22/2021)
2021-01-22
1
MOTION to Strike SoClean's Supplemental Response to Interrogatory No. 7 by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 01/22/2021)
2021-01-22
1
MEMORANDUM in Support re 107 MOTION to Strike SoClean's Supplemental Response to Interrogatory No. 7 filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 01/22/2021)
2021-01-22
1
AFFIDAVIT of John R. Labbe in Support re 107 MOTION to Strike SoClean's Supplemental Response to Interrogatory No. 7 filed by Sunset Healthcare Solutions, 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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Labbe, John) (Entered: 01/22/2021)
2021-01-22
1
CORRECTED PROPOSED ORDER to correct typo re: June 25, 2021 deadline re 106 Joint MOTION for Extension of Time to Extend Case Deadlines and Joint Request to Grant SoClean's Motion to Amend Infringement Contentions (Dkt No. 85) filed by Sunset Healthcare Solutions, Inc. (Labbe, John) Modified on 1/25/2021: Corrected docket text (Kelly, Danielle). (Entered: 01/22/2021)
2021-01-22
1
Judge Indira Talwani: ELECTRONIC ORDER granting 106 Joint Motion to Extend Case Deadlines and Joint Request to Grant SoClea's Motion to Amend Infringement Contentions (Dkt No. 85); granting 85 SoClean's Assented to Motion to Amend Infringement Contentions. See attached Stipulation and Order. (Kelly, Danielle) (Entered: 01/25/2021)
2021-01-25
1
Transcript of Status Conference held on December 4, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 2/22/2021. Redacted Transcript Deadline set for 3/4/2021. Release of Transcript Restriction set for 5/3/2021. (Coppola, Katelyn) (Entered: 02/05/2021)
2021-02-01
1
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 02/05/2021)
2021-02-01
1
MOTION to Compel Production of E-Mail Documents After May 31, 2020 by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 02/05/2021)
2021-02-05
1
MEMORANDUM in Support re 114 MOTION to Compel Production of E-Mail Documents After May 31, 2020 filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 02/05/2021)
2021-02-05
1
AFFIDAVIT in Support re 114 MOTION to Compel Production of E-Mail Documents After May 31, 2020 filed by Sunset Healthcare Solutions, 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, # 11 Exhibit K)(Labbe, John) (Entered: 02/05/2021)
2021-02-05
1
MOTION under the Stipulated Protective Order, to permit Sunset to use non-confidential portions of deposition testimony in other court proceedings by Sunset Healthcare Solutions, Inc..(Weiner, Michael) (Entered: 02/05/2021)
2021-02-05
1
MEMORANDUM in Support re 117 MOTION under the Stipulated Protective Order, to permit Sunset to use non-confidential portions of deposition testimony in other court proceedings filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Weiner, Michael) (Entered: 02/05/2021)
2021-02-05
1
Opposition re 107 MOTION to Strike SoClean's Supplemental Response to Interrogatory No. 7 filed by SoClean, Inc.. (Galgay, Brendan) (Entered: 02/05/2021)
2021-02-05
1
Declaration of Clancy Galgay in Support of SoClean's 119 Opposition to 107 MOTION to Strike SoClean's Supplemental Response to Interrogatory No. 7 (Declaration of Clancy Galgay in Support of SoClean, Inc.'s Opposition to Sunset's Motion to Strike Supplemental Response to Interrogatory No. 7) filed by SoClean, Inc.. (Attachments: # 1 Exhibit - A, # 2 Exhibit - B, # 3 Exhibit - C, # 4 Exhibit - D, # 5 Exhibit - E, # 6 Exhibit - F, # 7 Exhibit - G)(Galgay, Brendan) Modified on 3/24/2021: Corrected docket text (Kelly, Danielle). (Entered: 02/05/2021)
2021-02-05
1
Assented to MOTION to Seal (Unopposed Motion to Impound Exhibit F to the Declaration of Clancy Galgay in Support of SoClean's Opposition to Sunset's Motion to Strike Supplemental Response to Interrogatory No. 7) by SoClean, Inc..(Galgay, Brendan) (Entered: 02/05/2021)
2021-02-05
1
MOTION to Strike Damages Theories by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 02/05/2021)
2021-02-05
1
MEMORANDUM in Support re 122 MOTION to Strike Damages Theories filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 02/05/2021)
2021-02-05
1
DECLARATION of John R. Labbe in Support re 122 MOTION to Strike Damages Theories filed by Sunset Healthcare Solutions, 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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Labbe, John) Modified on 5/4/2021: corrected docket text (Kelly, Danielle). (Entered: 02/05/2021)
2021-02-05
1
Assented to MOTION to Seal Exhibits K and L to the Declaration of John R Labbe filed at Dkt 124 by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 02/05/2021)
2021-02-05
1
Notice of Filing of Official Transcript
2021-02-05
1
No Actions
NOTICE by SoClean, Inc. (Notice of Related Action) (Galica, Matthew) (Entered: 02/09/2021)
2021-02-09
1
Joint MOTION for Extension of Time to February 26, 2021 to Respond to Motions (ECF Nos. 114, 117 and 122) by SoClean, Inc..(Wintner, Thomas) Modified on 2/12/2021: corrected event type (Kelly, Danielle). (Entered: 02/12/2021)
2021-02-12
1
MOTION for Leave to File Reply Memorandum in Support of Motion to Strike (Dkt 107) by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 02/12/2021)
2021-02-12
1
Judge Indira Talwani: ELECTRONIC ORDER allowing Joint Motion to Extend Case Deadlines 127 . The time for SoClean, Inc., to respond to Sunset Healthcare Solutions, Inc.'s Motions 114, 117, and 122 is extended to February 26, 2021. (Kelly, Danielle) (Entered: 02/16/2021)
2021-02-16
1
Judge Indira Talwani: ELECTRONIC ORDER allowing Sunset Healthcare Solutions, Inc.'s unopposed Motion for Leave to File Reply Memorandum 128 . Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 02/16/2021)
2021-02-16
1
REPLY Memorandum in Support of 107 MOTION to Strike SoClean's Supplemental Response to Interrogatory No. 7 - Leave to File Granted on February 16, 2021 filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) Modified on 2/17/2021: Corrected docket text to properly reflect filing (Kelly, Danielle). (Entered: 02/16/2021)
2021-02-16
1
Order on Motion for Extension of Time to File Response/Reply
2021-02-16
1
No Actions
Order on Motion for Leave to File Document
2021-02-16
1
No Actions
ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 2/23/2021 at 4:00 PM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) (Entered: 02/18/2021)
2021-02-18
1
Notice of ADR Conference
2021-02-18
1
No Actions
ELECTRONIC NOTICE Canceling Telephone Conference scheduled for 2/23/21. (Figueroa, Tamara) (Entered: 02/23/2021)
2021-02-23
1
Notice Cancelling Hearing
2021-02-23
1
No Actions
ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 2/26/2021 at 2:00 PM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) (Entered: 02/25/2021)
2021-02-25
1
Notice of ADR Conference
2021-02-25
1
No Actions
Opposition re 122 MOTION to Strike Damages Theories filed by SoClean, Inc.. (Galgay, Brendan) (Entered: 02/26/2021)
2021-02-26
1
Opposition re 114 MOTION to Compel Production of E-Mail Documents After May 31, 2020 filed by SoClean, Inc.. (Galgay, Brendan) (Entered: 02/26/2021)
2021-02-26
1
Joint MOTION for Protective Order Joint Motion for Entry of Amended Stipulated Protective Order by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit Parties' Stipulation for Amended Protective Order)(Weiner, Michael) (Entered: 02/26/2021)
2021-02-26
1
Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman. Telephone Conference held on 2/26/2021. The Telephone Conference is reset for 3/16/21 at 12:00 PM before Magistrate Judge Kenneth P. Neiman: (Court Reporter: None.) (Figueroa, Tamara) (Entered: 03/01/2021)
2021-02-26
1
Judge Indira Talwani: ELECTRONIC ORDER allowing Joint Motion for Entry of Amended Stipulation Protective Order 138 . (Kelly, Danielle) (Entered: 03/01/2021)
2021-03-01
1
Judge Indira Talwani: ORDER entered. Amended Stipulated Protective Order. Please see attached. (Kelly, Danielle) (Entered: 03/01/2021)
2021-03-01
1
Judge Indira Talwani: ELECTRONIC ORDER denying as moot Defendant's Motion to Permit Sunset to Use Non-Confidential Portions of Deposition 117 . (Kelly, Danielle) (Entered: 03/01/2021)
2021-03-01
1
ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 3/16/2021 at 12:00 PM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) (Entered: 03/01/2021)
2021-03-01
1
Telephone Conference
2021-03-01
1
No Actions
Notice of ADR Conference
2021-03-01
1
No Actions
Order on Motion for Protective Order
2021-03-01
1
No Actions
Order on Motion for Miscellaneous Relief
2021-03-01
1
No Actions
MOTION for Leave to File Reply Memorandum in Support of Motion to Compel (Dkt. 114) by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 03/04/2021)
2021-03-04
1
MOTION for Leave to File Reply Memorandum in Support of Motion to Strike Damages Theories (Dkt. 122) by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 03/04/2021)
2021-03-04
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 144 Motion for Leave to File Reply Memorandum in Support of Motion to Compel (Dkt. 114); ALLOWING 145 Motion for Leave to File Reply Memorandum in Support of Motion to Strike Damages Theories (Dkt. 122); Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 03/05/2021)
2021-03-05
1
REPLY to Response to 114 MOTION to Compel Production of E-Mail Documents After May 31, 2020 - Leave to file granted on March 5, 2021 filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 03/05/2021)
2021-03-05
1
REPLY to Response to 122 MOTION to Strike Damages Theories - Leave to file granted on March 5, 2021 filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 03/05/2021)
2021-03-05
1
Order on Motion for Leave to File Document AND Order on Motion for Leave to File Document
2021-03-05
1
No Actions
Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Telephone Conference held on 3/16/2021. Further Telephone Conference scheduled for 4/6/21. (Court Reporter: None.) (Figueroa, Tamara) (Entered: 03/18/2021)
2021-03-16
1
ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 4/6/2021 at 12:00 PM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) (Entered: 03/18/2021)
2021-03-18
1
Remark: Call In info sent to parties for scheduled Tele Conf on 4/6/21. (Figueroa, Tamara) (Entered: 03/18/2021)
2021-03-18
1
Telephone Conference
2021-03-18
1
No Actions
Notice of ADR Conference
2021-03-18
1
No Actions
Joint MOTION to Consolidate Cases and Set New Schedule to Govern Consolidated Case Deadlines by Sunset Healthcare Solutions, Inc., and by SoClean, Inc.. (Attachments: # 1 Exhibit A - Proposed Consolidated Case Schedule, # 2 Exhibit B - Proposed Order)(Wintner, Thomas) (Entered: 03/22/2021)
2021-03-22
1
Judge Indira Talwani: ORDER entered. Order Granting Joint Motion to Consolidate Cases and Entry of Consolidated Case Schedule (152 in 1:20-cv-10351-IT). Associated Cases: 1:20-cv-10351-IT, 1:21-cv-10131-IT(Kelly, Danielle) (Entered: 03/23/2021)
2021-03-22
1
ELECTRONIC NOTICE OF HEARINGS: Markman Hearing set for 9/23/2021 10:00 AM in Remote Proceeding : Boston before Judge Indira Talwani. Status Conference set for 05/25/2021 is RESET to 11/1/2021 03:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. The hearings may be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Kelly, Danielle) (Entered: 03/23/2021)
2021-03-23
1
Notice Resetting Hearings
2021-03-23
1
No Actions
Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Telephone Conference held on 4/6/2021. All parties were represented by counsel. Further efforts to settle this case at this time are unlikely to be productive. This case should be restored to the trial list. (Court Reporter: None.) (Figueroa, Tamara) (Entered: 04/07/2021)
2021-04-06
1
REPORT of Alternative Dispute Resolution Provider. (Figueroa, Tamara) (Entered: 04/07/2021)
2021-04-07
1
Telephone Conference
2021-04-07
1
No Actions
ANSWER to Complaint with Jury Demand - Answer to SoClean's First Amended Complaint in Case No. 1:21-CV-10131-IT (consolidated case), COUNTERCLAIM against All Plaintiffs by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit EXHIBIT A)(Labbe, John) (Entered: 04/16/2021)
2021-04-16
1
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of TIFFANY D. GEHRKE Filing fee: $ 100, receipt number 0101-8734656 by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Affidavit)(Martin, Andrea) (Entered: 04/19/2021)
2021-04-19
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 158 Motion for Leave to Appear Pro Hac Vice Added Tiffany D. Gehrke. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 04/20/2021)
2021-04-20
1
Order on Motion for Leave to Appear
2021-04-20
1
No Actions
NOTICE of Withdrawal of Appearance by Andrea L. Martin of Brian D. Roche, I. Cem Kuru, Jennifer Y. DePriest and Lawrence E. James (Martin, Andrea) (Entered: 04/23/2021)
2021-04-23
1
MOTION for Preliminary Injunction by SoClean, Inc..(Wintner, Thomas) (Entered: 04/23/2021)
2021-04-23
1
MEMORANDUM in Support re 161 MOTION for Preliminary Injunction filed by SoClean, Inc.. (Wintner, Thomas) (Entered: 04/23/2021)
2021-04-23
1
DECLARATION of Thomas H. Wintner in Support re 161 MOTION for Preliminary Injunction filed by SoClean, Inc.. (Attachments: # 1 Exhibit - 1, # 2 Exhibit - 2, # 3 Exhibit - 3, # 4 Exhibit - 4, # 5 Exhibit - 5, # 6 Exhibit - 6, # 7 Exhibit - 7, # 8 Exhibit - 8, # 9 Exhibit - 9, # 10 Exhibit - 10, # 11 Exhibit - 11, # 12 Exhibit - 12, # 13 Exhibit - 13, # 14 Exhibit - 14, # 15 Exhibit - 15)(Wintner, Thomas) Modified on 4/26/2021: Corrected docket text to properly reflect filing (Kelly, Danielle). (Entered: 04/23/2021)
2021-04-23
1
DECLARATION of Dr. Samir Nayfeh in Support re 161 MOTION for Preliminary Injunction filed by SoClean, Inc.. (Wintner, Thomas) Modified on 4/26/2021: Corrected docket text to properly reflect filing (Kelly, Danielle). (Entered: 04/23/2021)
2021-04-23
1
DECLARATION of Dean Marcarelli in Support re 161 MOTION for Preliminary Injunction filed by SoClean, Inc.. (Wintner, Thomas) Modified on 4/26/2021: Corrected docket text to properly reflect filing (Kelly, Danielle). (Additional attachment(s) added on 5/4/2021: # 1 Exhibit A) (Kelly, Danielle). (Main Document 165 replaced on 5/4/2021) (Kelly, Danielle). (Entered: 04/23/2021)
2021-04-23
1
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew D. Skale Filing fee: $ 100, receipt number 0101-8743573 by SoClean, Inc.. (Attachments: # 1 - Certification By Andrew D. Skale to be Admitted Pro Hac Vice)(Wintner, Thomas) (Entered: 04/26/2021)
2021-04-26
1
Assented to MOTION to Withdraw as Attorney (Joseph Hameline and Clancy Galgay) by SoClean, Inc..(Wintner, Thomas) (Entered: 04/26/2021)
2021-04-26
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 166 Motion for Leave to Appear Pro Hac Vice Added Andrew D. Skale. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 04/26/2021)
2021-04-26
1
Order on Motion for Leave to Appear
2021-04-26
1
No Actions
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 167 Assented to Motion to Withdraw as Attorney. Attorney Joseph Hameline and Clancy Galgay terminated. (Kelly, Danielle) (Entered: 04/27/2021)
2021-04-27
1
Order on Motion to Withdraw as Attorney
2021-04-27
1
No Actions
Joint MOTION for Extension of Time to May 14, 2021 to File Response/Reply as to 161 MOTION for Preliminary Injunction - Motion to Set Briefing Schedule (including deadline for response and leave to file reply by May 24, 2021) by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Text of Proposed Order)(Labbe, John) (Entered: 04/29/2021)
2021-04-29
1
Judge Indira Talwani: ORDER entered: Order allowing Motion 170 and Setting Briefing Schedule for Motion for Preliminary Injunction 161 . (Kelly, Danielle) (Entered: 04/29/2021)
2021-04-29
1
NOTICE OF MANUAL FILING by SoClean, Inc. Physical Exhibits 2, 3, & 4 to the Declaration of Thomas H. Wintner In Support of SoClean's Motion for Preliminary Injunction re 163 Affidavit in Support of Motion,, (Wintner, Thomas) (Entered: 05/04/2021)
2021-05-04
1
ANSWER to Counterclaim and Affirmative Defenses by SoClean, Inc..(Wintner, Thomas) (Entered: 05/11/2021)
2021-05-11
1
Amended COUNTERCLAIM against SoClean, Inc., filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Labbe, John) (Entered: 05/14/2021)
2021-05-14
1
Memorandum of Law in Opposition re 161 MOTION for Preliminary Injunction filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) Modified on 5/17/2021: Corrected docket text (Kelly, Danielle). (Additional attachment(s) added on 5/17/2021: # 1 Memorandum of Law in Opposition *SEALED*) (Kelly, Danielle). (Entered: 05/14/2021)
2021-05-14
1
AFFIDAVIT in Opposition re 161 MOTION for Preliminary Injunction -- Declaration of S. David Piper, P.E. filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A)(Labbe, John) (Entered: 05/14/2021)
2021-05-14
1
DECLARATION of Chris Slosar in Opposition re 161 MOTION for Preliminary Injunction filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) Modified on 5/17/2021: Corrected docket text (Kelly, Danielle). (Entered: 05/14/2021)
2021-05-14
1
DECLARATION of John R. Labbe in Opposition re 161 MOTION for Preliminary Injunction filed by Sunset Healthcare Solutions, 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 H-268, # 10 Exhibit H-305, # 11 Exhibit H-306, # 12 Exhibit H-310, # 13 Exhibit I, # 14 Exhibit J)(Labbe, John) Modified on 5/17/2021: Corrected docket text (Kelly, Danielle). (Additional attachment(s) added on 5/17/2021: # 15 Exhibit H *SEALED*, # 16 Exhibit H-268 *SEALED*) (Kelly, Danielle). (Entered: 05/14/2021)
2021-05-14
1
Assented to MOTION to Seal Unredacted Versions of Sunsets Memorandum of Law [Dkt. 175] and Exhibits H and H-268 to the Declaration of John R. Labbe [Dkt. 178] by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 05/14/2021)
2021-05-14
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 179 Assented to Motion to Seal Unredacted Versions of Sunsets Memorandum of Law [Dkt. 175] and Exhibits H and H-268 to the Declaration of John R. Labbe [Dkt. 178] Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 05/17/2021)
2021-05-17
1
Order on Motion to Seal
2021-05-17
1
No Actions
REPLY to Response to 161 MOTION for Preliminary Injunction (Plaintiff's Reply Memorandum In Support of Motion for a Preliminary Injunction) filed by SoClean, Inc.. (Wintner, Thomas) (Entered: 05/24/2021)
2021-05-24
1
AFFIDAVIT of Thomas H. Wintner in Support re 161 MOTION for Preliminary Injunction filed by SoClean, Inc.. (Attachments: # 1 Exhibit - 1, # 2 Exhibit - 2, # 3 Exhibit - 3, # 4 Exhibit - 4, # 5 Exhibit - 5, # 6 Exhibit - 6, # 7 Exhibit - 7, # 8 Exhibit - 8, # 9 Exhibit - 9, # 10 Exhibit - 10, # 11 Exhibit - 11, # 12 Exhibit - 12)(Wintner, Thomas) (Entered: 05/24/2021)
2021-05-24
1
MOTION for Leave to File - Unopposed Motion for Leave to File a Sur-Reply in Opposition to SoClean's Motion for a Preliminary Injunction by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 05/26/2021)
2021-05-26
1
ANSWER to Counterclaim (Answer and Affirmative Defenses to Amended Counterclaims) by SoClean, Inc..(Wintner, Thomas) (Entered: 05/27/2021)
2021-05-27
1
Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 183 Unopposed Motion for Leave to File a Sur-Reply in Opposition to SoClean's Motion for a Preliminary Injunction. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 05/27/2021)
2021-05-27
1
SUR-REPLY to Motion re 161 MOTION for Preliminary Injunction - Sur-Reply in Opposition to SoClean's Motion for Preliminary Injunction - Leave to File Granted on May 27, 2021 [Dkt. 185] filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 05/27/2021)
2021-05-27
1
Order on Motion for Leave to File Document
2021-05-27
1
No Actions
ELECTRONIC NOTICE issued requesting courtesy copy for: 161 MOTION for Preliminary Injunction, 162 Memorandum in Support of Motion, 163 Affidavit in Support of Motion, 164 Affidavit in Support of Motion, 165 Affidavit in Support of Motion, 175 Opposition to Motion, 176 Affidavit in Opposition to Motion, 177 Affidavit in Opposition to Motion, 178 Affidavit in Opposition to Motion, 181 Reply to Response to Motion, 182 Affidavit in Support of Motion, 186 Sur-Reply to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by June 8, 2021. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (Kelly, Danielle) (Entered: 05/28/2021)
2021-05-28
1
Notice requesting courtesy copy
2021-05-28
1
No Actions
DOCKETED IN ERROR; PLEASE DISREGARD. (MacDonald, Gail) Modified on 6/30/2021 (MacDonald, Gail). (Entered: 06/24/2021)
2021-06-24
1
ELECTRONIC NOTICE Resetting Hearing on Motion 161 MOTION for Preliminary Injunction : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 7/8/2021 10:00 AM in Remote Proceeding : Boston before Judge Indira Talwani. (MacDonald, Gail) (Entered: 06/24/2021)
2021-06-24
1
Notice Setting or Resetting Hearing on Motion
2021-06-24
1
No Actions
Second COUNTERCLAIM against All Plaintiffs, filed by Sunset Healthcare Solutions, 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, # 11 Exhibit K)(Izraelewicz, Mark) (Entered: 06/25/2021)
2021-06-25
1
Assented to MOTION for Extension of Time to July 23, 2021 to Respond to Sunset's Second Amended Counterclaims (SoClean's Unopposed Motion to Extend Case Deadline) by SoClean, Inc..(Wintner, Thomas) (Entered: 07/06/2021)
2021-07-06
1
Judge Indira Talwani: ELECTRONIC ORDER granting 191 Assented to Motion for Extension of Time to July 23, 2021 to Respond to Sunset's Second Amended Counterclaims. (Kelly, Danielle) (Entered: 07/07/2021)
2021-07-07
1
Order on Motion for Extension of Time
2021-07-07
1
No Actions
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 7/8/2021 re 161 MOTION for Preliminary Injunction filed by SoClean, Inc. Case called. Court heard argument from counsel. Decision to follow. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Andrew D. Skale, Matthew S. Galica, Thomas H. Wintner, John Labbe, Andrea Martin, Mark Izraelewicz, Tiffany Gehrke) (MacDonald, Gail) (Entered: 07/08/2021)
2021-07-08
1
Motion Hearing
2021-07-08
1
No Actions
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (SoClean, Inc.'s Motion to Dismiss Counts Eight and Nine of Sunset's Second Amended Counterclaims) by SoClean, Inc..(Wintner, Thomas) (Entered: 07/23/2021)
2021-07-23
1
MEMORANDUM in Support re 194 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (SoClean, Inc.'s Motion to Dismiss Counts Eight and Nine of Sunset's Second Amended Counterclaims) filed by SoClean, Inc.. (Attachments: # 1 Exhibit - 1, # 2 Exhibit - 2, # 3 Exhibit - 3, # 4 Exhibit - 4, # 5 Exhibit - 5, # 6 Exhibit - 6)(Wintner, Thomas) (Entered: 07/23/2021)
2021-07-23
1
Transcript of Motion Hearing held on July 8, 2021, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 8/13/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/21/2021. Associated Cases: 1:20-cv-10351-IT, 1:21-cv-10131-IT(Coppola, Katelyn) (Entered: 07/26/2021)
2021-07-23
1
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 07/26/2021)
2021-07-23
1
Notice of Filing of Official Transcript
2021-07-26
1
No Actions
Markman Brief by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 07/30/2021)
2021-07-30
1
DECLARATION re 198 Markman Brief - Declaration of John R. Labbe in support of Defendant's Markman Brief by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Labbe, John) (Entered: 07/30/2021)
2021-07-30
1
Markman Brief by SoClean, Inc.. (Wintner, Thomas) (Entered: 07/30/2021)
2021-07-30
1
DECLARATION re 198 Markman Brief - CORRECTED Declaration of John R. Labbe in support of Defendant's Markman Brief by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Labbe, John) (Entered: 07/30/2021)
2021-07-30
1
MEMORANDUM in Opposition re 194 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (SoClean, Inc.'s Motion to Dismiss Counts Eight and Nine of Sunset's Second Amended Counterclaims) filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Labbe, John) (Entered: 08/06/2021)
2021-08-06
1
Assented to MOTION for Leave to File Reply Brief in Support of Motion to Dismiss Counts Eight and Nine of Sunset's Second Amended Counterclaims by SoClean, Inc..(Wintner, Thomas) (Entered: 08/13/2021)
2021-08-13
1
Judge Indira Talwani: Memorandum and Order GRANTING IN PART and DENYING IN PART Plaintiff's Motion for Preliminary Injunction 161 . See attached order. (IT, law2)
2021-08-13
1
Judge Indira Talwani: ELECTRONIC ORDER granting 203 Assented to Motion for Leave to File Reply Brief in Support of Motion to Dismiss Counts Eight and Nine of Sunset's Second Amended Counterclaims. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 08/16/2021)
2021-08-16
1
Order on Motion for Leave to File Document
2021-08-16
1
No Actions
REPLY to Response to 194 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (SoClean, Inc.'s Motion to Dismiss Counts Eight and Nine of Sunset's Second Amended Counterclaims) filed by SoClean, Inc.. (Wintner, Thomas) (Entered: 08/17/2021)
2021-08-17
1
Reply to Preliminary Claim Construction Briefs by SoClean, Inc.. (Wintner, Thomas) (Entered: 08/20/2021)
2021-08-20
1
Reply to Preliminary Claim Construction Briefs by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 08/20/2021)
2021-08-20
1
NOTICE Resetting a Hearing. Markman Hearing set for 9/23/2021 is RESET for 9/16/2021 03:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) (Entered: 08/25/2021)
2021-08-25
1
Notice Resetting Hearings
2021-08-25
1
No Actions
Judge Indira Talwani: ELECTRONIC ORDER denying Plaintiff SoClean’s Unopposed Motion to Impound 121 and Defendant Sunset’s Unopposed Motion for Leave to File Under Seal 125 .As an initial matter, the parties’ designation of documents as “Highly Confidential” under the terms of the parties’ Stipulated Protective Order 49 does not, without more, provide the court with a sufficient factual basis to order impoundment of the material. See United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013) (holding that the party seeking impoundment must make “‘a particular factual demonstration of potential harm, not... conclusory statements’”) (quoting Fed. Trade Comm'n v. Standard Fin. Mgmt. Corp., 830 F.2d 404, 412 (1st Cir. 1987)).SoClean seeks leave to impound Exhibit F to the Declaration of Clancy Galgay in Support of SoClean’s Opposition to Sunset’s Motion to Strike Supplemental Response to Interrogatory No. 7 120 . SoClean states in its Opposition to Sunset’s Motion to Strike 11 119 that Exhibit F contains an excel file containing “information on purchases of the SoClean device, filters, and other accessories from May to July 2019—including the quantities ordered by each individual customer—and forecasting sales of Zoey filters and other accessories based on these numbers.” Sunset’s Reply 2 131 does not dispute SoClean’s characterization of the contents of the exhibit. Accordingly, the court finds no need to examine the contents of the exhibit for the purposes of Sunset’s motion.Sunset’s motion requests leave to file under seal Exhibits K and L to the Declaration of John R. Labbe in Support of Motion to Strike Damages Theories 124 . Sunset states in its Memorandum in Support of Sunset’s Motion to Strike 4-5, 7-8 123 that Exhibit K is “a spreadsheet that appears to have been prepared specifically for this litigation about ‘Lost Profit From Price Change,’” and that Exhibit L is a PowerPoint slide deck dated May 5, 2020, entitled ‘Sunset-Zoey, Damages and Irreparable Harm,” which contains the contention that SoClean would have to reduce its prices in response to Sunset and metadata that “reflects the filename of ‘Sunset Zoey 5 6 20 v.4.pptx[’]” and appears to have been prepared by SoClean’s chief marketing officer.” Where SoClean’s Opposition to Sunset’s Motion to Strike Damages Theories 136 does not contest Sunset’s description of the contents of either exhibit, the court finds no reason to examine the underlying exhibits to resolve Sunset’s motion. (IT, law2) (Entered: 09/02/2021)
2021-09-02
1
Judge Indira Talwani: ELECTRONIC ORDER denying Defendant Sunset’s Motion to Strike Plaintiff’s Supplemental Response to Interrogatory No. 7 107 and Motion to Strike Damages Theories 122 .I. Sunset’s Motion to Strike Plaintiff’s Supplemental Response to Interrogatory No. 7 107 Sunset’s Interrogatory No. 7 asked Plaintiff SoClean “to identify with particularity each item of ‘confidential, proprietary and trade secret information’ owned by SoClean that [SoClean] contend[s] has been misappropriated or misused by Sunset in Counts 3, 5 and 6 of the First Amended Complaint.” Labbe Decl., Ex. A [109-1]. SoClean’s initial response to Interrogatory No. 7 stated that the Distributor Agreement between the parties defined confidential information, and identified categories of such information that SoClean contends Sunset to have misappropriated, including “information related to SoClean’s product development and future product specifications, pricing structure, business strategy, and customer data” as well as “SoClean’s proprietary information related to the SoClean device and its components in developing, designing, manufacturing, marketing, and selling the Zoey.” Id. After Sunset made a substantial document production, SoClean served a supplemental response that: (1) elaborated somewhat on the initial response; (2) stated that internal documents produced by Sunset demonstrate that Sunset misappropriated confidential information; and (3) identified seven categories of such documents along with their bates numbers from Sunset’s production. Labbe Decl., Ex. B. [109-2].Sunset argues that the court should now strike SoClean’s supplemental response to Interrogatory No. 7 as untimely and lacking sufficient specificity. The court addresses the two issues in turn.Whether the Supplemental Interrogatory Response was TimelySunset argues that SoClean was obliged to set forth “with specificity and particularity the allegedly misused confidential information at the outset of this case,” that SoClean’s initial responses were vague, that SoClean did not require discovery from Sunset to identify the confidential information that it alleges that Sunset misused, and that the supplemental production “on the eve of the then-scheduled close of fact discovery” failed to give Sunset fair notice of the specific confidential information allegedly misused. Sunset Mem. 7 108 (emphasis added).SoClean was under an affirmative obligation to keep its interrogatory responses accurate and complete as discovery progressed. See Macaulay v. Anas, 321 F.3d 45, 50 (1st Cir. 2003) (“[o]nce such a disclosure is made, it must be kept current.”). Where, as here, SoClean supplemented its contentions approximately a month after Sunset’s document production to identify specific documents from that production that SoClean contends “demonstrate that Sunset misappropriated [SoClean’s] confidential information,” the court finds no cause to strike the supplemental response on timeliness grounds. To the extent Sunset’s complaint is that it has not been provided an adequate opportunity to obtain discovery related to the supplemental response, the parties have now agreed to, and the court has endorsed, an extension of the fact discovery deadline to October 29, 2021, ameliorating any such concern. See Order Granting Joint Motion to Consolidate Cases and Entry of Consolidated Case Schedule 153 .Whether the Supplemental Interrogatory Response is AdequateSunset contends that the supplemental response is inadequate where SoClean cites to Sunset documents making it “impossible for Sunset to understand what information in those documents SoClean claims is SoClean’s confidential information.” Sunset Mem. 7 108 . But where the interrogatory asked SoClean to identify its basis for asserting that Sunset misappropriated information deemed confidential under the parties’ contractual agreement and SoClean has identified the specific documents in Sunset’s possession referencing the allegedly confidential information, Sunset’s argument that SoClean was also required to produce its own documents is unpersuasive.Second, Sunset contends that the supplemental response is inadequate where SoClean includes several publicly available documents as the basis for its claim. But, as Sunset acknowledges, whether these documents are in fact public and whether their public nature defeats SoClean’s claim is a matter to be addressed at summary judgment, not in the context of a discovery motion. See Sunset Mem. 9 n.3 (“Sunset intends to move for summary judgment with respect to the two categories of information identified in the July 9 letter on the basis that the information is not actually confidential and/or Sunset did not misuse it, possibly among other defenses”).In any event, Sunset’s argument that the court should strike the interrogatory response is procedurally improper. To the extent that it is Sunset’s position that SoClean has failed to completely answer the question posed, the proper recourse is a motion to compel a more complete answer, not a motion to strike the allegedly imperfect answer. Alternatively, to the extent that Sunset contends that SoClean’s answer fails to put Sunset on notice of the basis for SoClean’s claims, the proper recourse is a motion to preclude undisclosed evidence or a motion in limine in advance of trial.II. Sunset’s Motion to Strike Damages Theories 122 Sunset asserts that SoClean’s January 15, 2021 supplemental response to two interrogatories “disclosed for the first time that [SoClean] intends to seek ‘price erosion’ damages and disgorgement,” that SoClean should have disclosed these damage theories earlier, and that the court should strike SoClean’s contentions that it is entitled to damages under either theory” as a sanction for this (assertedly) late disclosure. Sunset Mem. 3, 8 123 . Sunset’s argument that it was taken by surprise that SoClean would be seeking disgorgement and damages for price erosion is unpersuasive where (1) SoClean has brought a claim of unjust enrichment, Am. Compl., Count V 42, necessarily implying a disgorgement theory; and (2) SoClean asserted price erosion in its Amended Complaint ¶ 95 42 (as well as its original Complaint 1 ) and the parties’ dispute concerning the likelihood of price erosion was a centerpiece of the proceedings on SoClean’s Motion for a Preliminary Injunction 4 . Moreover, where the supplemental interrogatory responses at issue were served on January 15, 2021, and the court has now extended the close of fact discovery to October 29, 2021, see Order Granting Joint Motion to Consolidate Cases and Entry of Consolidated Case Schedule 153, Sunset cannot persuasively argue that it has been denied the ability to discover facts necessary to defend these damages theories.Sunset also argues that SoClean’s supplemental damages contentions are inadequate as they fail to set forth the facts necessary to establish damages under either theory. However, as discussed above, a motion to strike is the wrong mechanism for challenging the sufficiency of the interrogatory response or the sufficiency of the evidence in support of SoClean’s claims. (IT, law2) (Entered: 09/02/2021)
2021-09-02
1
Judge Indira Talwani: ELECTRONIC ORDER granting Defendant’s Motion to Compel Production of E-mail Documents After May 31, 2020 114 . Sunset requests that the court compel SoClean to produce the non-privileged results of email searches of three agreed-upon custodians using agreed-upon keywords for the period of June 1, 2020, to February 5, 2021, when the motion was filed. Sunset Mem. 9, 11-12 115 . Sunset’s motion is limited to emails that “relate to any aspect of marketing, competition, pricing, or the market for the SoClean product and CPAP cleaning devices in general.” Id. at 12. SoClean does not dispute that the requested email production falls within the scope of Sunset’s document request and is relevant to the litigation but contends that the parties previously agreed to limit any email searches to the period of January 1, 2018, to May 31, 2020. SoClean Opp’n 3 137 . While the emails between counsel, see Labbe Decl., Ex. F [116-6], establish that the parties had agreed to a date restriction, the emails also demonstrate that the keyword search in question did not address emails related to marketing, competition, and pricing. See id. at 2 (“We will also continue to discuss the market and marketing documents with you”). Accordingly, the court finds no agreement between the parties limiting the scope of a keyword search as it applies to emails related to the category of documents outside the scope of their agreement.SoClean also argues that if the court grants Sunset’s motion, Sunset should also be compelled to produce additional documents, including all emails, related to the alleged infringing product that were created after June 1, 2020. To the extent that Sunset is also withholding any responsive documents relating to marketing, competition, or pricing solely on the ground that the parties’ agreement excused Sunset from searching for documents created after May 31, 2020, Sunset shall search for and produce responsive documents. However, Sunset suggests in its Reply 147 that it is not withholding documents solely on that ground. If SoClean disputes this statement, SoClean may bring a separate motion to compel identifying the disputed requests and providing argument as to “each contested issue.” See Local Rule 37.1. (IT, law2) (Entered: 09/02/2021)
2021-09-02
1
Order on Motion to Seal AND Order on Motion to Seal
2021-09-02
1
No Actions
Order on Motion to Strike AND Order on Motion to Strike
2021-09-02
1
No Actions
Order on Motion to Compel
2021-09-02
1
No Actions
Joint Claim Construction and Prehearing Statement by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Entered: 09/03/2021)
2021-09-03
1
NOTICE OF APPEAL to the Federal Circuit as to 204 Order on Motion for Preliminary Injunction by Sunset Healthcare Solutions, Inc. Filing fee: $ 505, receipt number 0101-8941119 Fee Status: Filing Fee paid. US District Court Clerk to deliver official record to Court of Appeals by 9/30/2021. (Labbe, John) (Entered: 09/10/2021)
2021-09-10
1
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals for the Federal Circuit re 214 Notice of Appeal to the Federal Circuit. (Paine, Matthew) (Entered: 09/13/2021)
2021-09-13
1
USCA Case Number 21-2311 for 214 Notice of Appeal to the Federal Circuit, filed by Sunset Healthcare Solutions, Inc.. (Paine, Matthew) (Entered: 09/15/2021)
2021-09-15
1
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Markman Hearing held on 9/16/2021. Case called. Court heard argument re: claim construction of a single term "reservoir" in claim 1 of the patent. Matter taken under advisement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Matthew S. Galica, John Labbe, Andrea Martin) (MacDonald, Gail) (Entered: 09/16/2021)
2021-09-16
1
Markman Hearing
2021-09-16
1
No Actions
Judge Indira Talwani: ORDER entered. ORDER ON CLAIM CONSTRUCTION. Please see attached. (Kelly, Danielle)
2021-09-17
1
Joint MOTION for Extension of Time to January 21, 2022 to Complete Fact Discovery and extend other case deadlines - Joint Motion to Extend Case Deadlines by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Labbe, John) (Entered: 10/21/2021)
2021-10-21
1
Judge Indira Talwani: ORDER entered. Order Extending Case Deadlines. Please see attached. Status Conference set for 11/01/2021 is RESET to 1/24/2022 02:45 PM in Courtroom 9 (Remote only) before Judge Indira Talwani.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Kelly, Danielle) (Entered: 10/27/2021)
2021-10-26
1
ELECTRONIC NOTICE OF RESCHEDULING. Please note change is only to earlier time. Status Conference set for 1/24/2022 09:30 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) (Entered: 01/05/2022)
2022-01-05
1
Notice of Rescheduling
2022-01-05
1
No Actions
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 1/24/2022. Case called. Court had colloquy with counsel. Parties report they are moving toward settlement. Parties to jointly report to clerk any request for ADR. Next Status Conference set for 3/25/2022 02:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Matthew S. Galica, Andrew D. Skale, John R. Labbe, Andrea L. Martin) (MacDonald, Gail) (Entered: 01/25/2022)
2022-01-24
1
Status Conference
2022-01-25
1
No Actions
Judge Indira Talwani: ELECTRONIC ORDER: as set forth at the January 24, 2022 status conference, this matter is stayed for 60 days. (Dore, Samantha) (Entered: 01/27/2022)
2022-01-27
1
Order
2022-01-27
1
No Actions
ELECTRONIC NOTICE OF RESCHEDULING. Status Conference set for 3/25/2022 is RESET for 3/30/2022 03:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) (Entered: 03/21/2022)
2022-03-21
1
Notice of Rescheduling
2022-03-21
1
No Actions
NOTICE of Appearance by Brendan S. Cox on behalf of SoClean, Inc. (Cox, Brendan) (Entered: 03/23/2022)
2022-03-23
1
NOTICE of Appearance by Payal Salsburg on behalf of SoClean, Inc. (Salsburg, Payal) (Entered: 03/23/2022)
2022-03-23
1
NOTICE of Withdrawal of Appearance by Thomas H. Wintner (Wintner, Thomas) (Entered: 03/23/2022)
2022-03-23
1
NOTICE of Withdrawal of Appearance by Thomas H. Wintner for Andrew D. Skale (Wintner, Thomas) (Entered: 03/23/2022)
2022-03-23
1
NOTICE of Withdrawal of Appearance by Matthew S. Galica (Galica, Matthew) (Entered: 03/23/2022)
2022-03-23
1
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 3/30/2022. Case called. Court had colloquy with counsel. Counsel reported a settlement had not been reached by remains close. Discovery is closed. By 4/8/22 a motion to enforce settlement, motion to dismiss, or proposed schedule must be filed. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Payal Salsburg; Brendan S. Cox; Mark Izraelewicz; John R. Labbe; Andrea L. Martin) (MacDonald, Gail) (Entered: 04/01/2022)
2022-03-30
1
Status Conference
2022-04-01
1
No Actions
Transcript of Status Videoconference held on March 30, 2022, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 4/25/2022. Redacted Transcript Deadline set for 5/5/2022. Release of Transcript Restriction set for 7/5/2022. Associated Cases: 1:20-cv-10351-IT, 1:21-cv-10131-IT(Coppola, Katelyn) (Entered: 04/06/2022)
2022-04-04
1
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:20-cv-10351-IT, 1:21-cv-10131-IT(Coppola, Katelyn) (Entered: 04/06/2022)
2022-04-04
1
Notice of Filing of Official Transcript
2022-04-07
1
No Actions
Assented to MOTION to Seal Document - for Sunset's Motion to Enforce Settlement Agreement and exhibits to declaration in support by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 04/08/2022)
2022-04-08
1
MOTION for Settlement - Motion to Enforce Settlement Agreement by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 04/08/2022)
2022-04-08
1
MEMORANDUM in Support re 234 MOTION for Settlement - Motion to Enforce Settlement Agreement - redacted version for filing in the public record - filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Additional attachment(s) added on 4/11/2022: # 1 Memorandum in Support *SEALED*) (Kelly, Danielle). (Entered: 04/08/2022)
2022-04-08
1
DECLARATION of John R. Labbe in Support re 234 MOTION for Settlement - Motion to Enforce Settlement Agreement - redacted version for filing in the public record - filed by Sunset Healthcare Solutions, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Labbe, John) Modified on 4/11/2022: corrected docket text (Kelly, Danielle). (Additional attachment(s) added on 4/11/2022: # 4 DECLARATION of John R. Labbe *SEALED*, # 5 Exhibit A *SEALED*, # 6 Exhibit B *SEALED*, # 7 Exhibit C *SEALED*) (Kelly, Danielle). (Entered: 04/08/2022)
2022-04-08
1
Judge Indira Talwani: ELECTRONIC ORDER granting 233 Assented to Motion to Seal Document - for Sunset's Motion to Enforce Settlement Agreement and exhibits to declaration in support Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 04/11/2022)
2022-04-11
1
Order on Motion to Seal Document
2022-04-11
1
No Actions
Assented to MOTION for Leave to File under seal opposition to motion to enforce settlement by SoClean, Inc..(Salsburg, Payal) Modified on 4/22/2022: Corrected event type (Kelly, Danielle). (Entered: 04/22/2022)
2022-04-22
1
Opposition re 234 MOTION for Settlement - Motion to Enforce Settlement Agreement (REDACTED) filed by SoClean, Inc.. (Attachments: # 1 Affidavit)(Cox, Brendan) (Additional attachment(s) added on 4/26/2022: # 2 Opposition *SEALED*, # 3 Affidavit *SEALED*) (Kelly, Danielle). (Entered: 04/22/2022)
2022-04-22
1
Judge Indira Talwani: ELECTRONIC ORDER granting 238 Assented to Motion for Leave to File under seal opposition to motion to enforce settlement. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 04/26/2022)
2022-04-26
1
Order on Motion to Seal
2022-04-26
1
No Actions
Assented to MOTION for Leave to File Reply Memorandum not exceeding four pages in Support of Sunset's Motion to Enforce Settlement - Dkt. 234 by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 04/28/2022)
2022-04-28
1
Judge Indira Talwani: ELECTRONIC ORDER granting 241 Assented to Motion for Leave to File Reply Memorandum not exceeding four pages in Support of Sunset's Motion to Enforce Settlement - Dkt. 234 ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 04/29/2022)
2022-04-29
1
Assented to MOTION to Seal Document - for Sunset's Reply in Support of Its Motion to Enforce Settlement Agreement by Sunset Healthcare Solutions, Inc..(Labbe, John) (Entered: 04/29/2022)
2022-04-29
1
REPLY to Response to 234 MOTION for Settlement - Motion to Enforce Settlement Agreement filed by Sunset Healthcare Solutions, Inc.. (Labbe, John) (Additional attachment(s) added on 5/9/2022: # 1 Reply *SEALED*) (Kelly, Danielle). (Entered: 04/29/2022)
2022-04-29
1
Order on Motion for Leave to File Document
2022-04-29
1
No Actions
Judge Indira Talwani: ELECTRONIC ORDER granting 243 Assented to Motion to Seal Document- for Sunset's Reply in Support of Its Motion to Enforce Settlement Agreement. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 05/09/2022)
2022-05-09
1
Order on Motion to Seal Document
2022-05-09
1
No Actions
OPINION of USCA for the Federal Circuit as to 214 Notice of Appeal to the Federal Circuit, filed by Sunset Healthcare Solutions, Inc... (Paine, Matthew) (Entered: 11/09/2022)
2022-11-09
1
USCA Judgment for the Federal Circuit as to 214 Notice of Appeal to the Federal Circuit, filed by Sunset Healthcare Solutions, Inc...AFFIRMED (Paine, Matthew) (Entered: 11/09/2022)
2022-11-09
1
Judge Indira Talwani: ELECTRONIC ORDER denying Motion to Enforce Settlement Agreement [# 234 ]. See attached Sealed Mem. & Order. The sealed Memorandum & Order contains material filed under seal. No later than December 6, 2023, the parties shall file any objections to the unsealing of the Memorandum and Order. (Kelly, Danielle) (Entered: 11/29/2022)
2022-11-29
1
Objection by SoClean, Inc. to Unsealing the Court's November 29, 2022 Order. (Salsburg, Payal) (Entered: 12/06/2022)
2022-12-06
1
Judge Indira Talwani: ELECTRONIC ORDER On review of SoClean's Objection to Unsealing in toto the Courts November 29, 2022 Memorandum and Order [# 249 ], the court finds that there is cause to keep under seal only those portions of the court's Memorandum and Order [# 248 ] containing specific negotiation terms. Accordingly, the clerk shall file a copy of the Memorandum and Order [# 248 ] on the public docket, with the sentences and phrases identified by SoClean, see Objection 2 [# 249 ], redacted. (Kelly, Danielle) (Entered: 12/09/2022)
2022-12-09
1
Judge Indira Talwani: ORDER entered. Redacted copy of the Memorandum and Order [# 248 ]. (Kelly, Danielle)
2022-12-09
1
Order
2022-12-09
1
No Actions
Judge Indira Talwani: ELECTRONIC ORDER Pursuant to the court's Memorandum and Order [# 248 ] denying Defendant Sunset Healthcare Solutions, Inc.'s Motion to Enforce Settlement Agreement [# 234 ], the stay entered on January 27, 2022, see Elec. Order [#223], is lifted. (Kelly, Danielle) (Entered: 12/13/2022)
2022-12-13
1
Order Lifting Stay
2022-12-13
1
No Actions
MANDATE of USCA as to 214 Notice of Appeal to the Federal Circuit, filed by Sunset Healthcare Solutions, Inc.. Appeal 214 Terminated (Paine, Matthew) (Entered: 12/16/2022)
2022-12-16
1
Notice of Hearing
2023-03-06
1
No Actions
Order
2023-03-06
1
No Actions
Stipulation of Dismissal
2023-04-07
1