Straumann USA, LLC v. TruAbutment Inc.

8:19-cv-00878

Overview

Case Number 8:19-cv-00878

Filing Date 2019-05-09

Status Terminated

Termination Date 2020-04-06

Court District Court, C.D. California (cacd)

Presiding Judge Josephine L. Staton

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

TruAbutment Inc.

Represented By

8 Attorneys Listed

Roger J. Chin

Latham and Watkins LLP

Tel: +1 (415) 391-0600

Fax: +1 (415) 395-8095

505 Montgomery Street Suite 2000, San Francisco, CA 94111

Thomas W. Yeh

Latham and Watkins LLP

Tel: +1 (213) 485-1234

Fax: +1 (213) 891-8763

355 South Grand Avenue Suite 100, Los Angeles, CA 90071

Jennifer Koh

Latham and Watkins LLP

Tel: +1 (858) 523-5400

Fax: +1 (858) 523-5450

12670 High Bluff Drive, San Diego, CA 92130

Herman H Yue

Latham and Watkins LLP

Tel: +1 (713) 546-5400

Fax: +1 (713) 546-5401

811 Main Street Suite 3700, Houston, TX 77002

Gaurav S Asthana

Latham and Watkins LLP

Tel: +1 (415) 391-0600

Fax: +1 (415) 395-8095

505 Montgomery Street Suite 2000, San Francisco, CA 94111

David Kowalski

Latham and Watkins LLP

Tel: +1 (858) 523-5400

Fax: +1 (858) 523-5450

12670 High Bluff Drive, San Diego, CA 92130

Brian William Lewis

Latham and Watkins LLP

Tel: +1 (415) 391-0600

Fax: +1 (415) 395-8095

505 Montgomery Street Suite 2000, San Francisco, CA 94111

Jennifer L Barry

Latham and Watkins LLP

Tel: +1 (858) 523-5400

Fax: +1 (828) 523-5450

12670 High Bluff Drive, San Diego, CA 92130

Plaintiff

Straumann USA, LLC

Represented By

6 Attorneys Listed

Andrew S. Dallmann

Eastman McCartney Dallmann LLP

Tel: +1 (949) 379-6649

Fax: +1 (949) 218-4099

2603 Main Street Suite 200, Irvine, CA 92614

Sarah Chapin Columbia

McDermott Will and Emery LLP

Tel: +1 (617) 535-4000

Fax: +1 (617) 535-3800

200 Clarendon Street 58th Floor, Boston, MA 02116-5021

Peter J Gimino , III

Gimino Law Office APC

Tel: +1 (949) 225-4446

Fax: +1 (949) 225-4447

1 Park Plaza Suite 600, Irvine, CA 92614

Paresh Kumar

McDermott Will and Emery LLP

Tel: +1 (617) 535-4000

Fax: +1 (617) 535-3800

200 Clarendon Street 58th Floor, Boston, MA 02116-5021

Mandy Hyun-Joo Kim

McDermott Will and Emery LLP

Tel: +1 (949) 757-6061

Fax: +1 (949) 851-9348

18565 Jamboree Road No 250, Irvine, CA 92612-2565

Jiaxiao Zhang

McDermott Will and Emery LLP

Tel: +1 (949) 757-6398

Fax: +1 (949) 851-9348

18565 Jamboree Road No 250, Irvine, CA 92612-2565

Court & Judges

Court

District Court, C.D. California (cacd)

Presiding Judge

Josephine L. Staton

Patents Involved

2 Patents

There are 2 patents involved in this case.

Application Number	Patent Number	External Links
-	US8408904	Espacenet Google Patents
-	US8968002	Espacenet Google Patents

Docket Entries

COMPLAINT Receipt No: 0973-23712885 - Fee: $400, filed by Plaintiff Straumann USA, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F) (Attorney Andrew S Dallmann added to party Straumann USA, LLC(pty:pla))(Dallmann, Andrew) (Entered: 05/09/2019)

2019-05-09

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COMPLAINT Receipt No: 0973-23712885 - Fee: $400, filed by Plaintiff Straumann USA, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F) (Attorney Andrew S Dallmann added to party Straumann USA, LLC(pty:pla))(Dallmann, Andrew) (Entered: 05/09/2019)

2019-05-09

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COMPLAINT Receipt No: 0973-23712885 - Fee: $400, filed by Plaintiff Straumann USA, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F) (Attorney Andrew S Dallmann added to party Straumann USA, LLC(pty:pla))(Dallmann, Andrew) (Entered: 05/09/2019)

2019-05-09

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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Straumann USA, LLC. (Dallmann, Andrew) (Entered: 05/09/2019)

2019-05-09

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Straumann USA, LLC v. TruAbutment Inc.

Overview

Parties

Defendant

TruAbutment Inc. Follow

Represented By

Plaintiff

Straumann USA, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Straumann USA, LLC. (Dallmann, Andrew) (Entered: 05/09/2019)

CIVIL COVER SHEET filed by Plaintiff Straumann USA, LLC. (Dallmann, Andrew) (Entered: 05/09/2019)

NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Douglas F. McCormick. (esa) (Entered: 05/10/2019)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 05/10/2019)

21 DAY Summons issued re Complaint 1 as to defendant TruAbutment Inc. (esa) (Entered: 05/10/2019)

NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (esa) (Entered: 05/10/2019)

NOTICE of Interested Parties filed by Plaintiff Straumann USA, LLC, (Dallmann, Andrew) (Entered: 05/10/2019)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Straumann USA, LLC. (Dallmann, Andrew) (Entered: 05/10/2019)

INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (tg) (Entered: 05/10/2019)

STIPULATION Extending Time to Answer the complaint as to TruAbutment Inc. answer now due 6/28/2019, filed by Defendant TruAbutment Inc..(Attorney Roger J Chin added to party TruAbutment Inc.(pty:dft))(Chin, Roger) (Entered: 05/23/2019)

NOTICE of Appearance filed by attorney Jennifer L Barry on behalf of Defendant TruAbutment Inc. (Attorney Jennifer L Barry added to party TruAbutment Inc.(pty:dft))(Barry, Jennifer) (Entered: 05/23/2019)

NOTICE of Interested Parties filed by Defendant TruAbutment Inc., identifying Hyungick Kim and Sangho Yoo. (Chin, Roger) (Entered: 05/23/2019)

CORPORATE DISCLOSURE STATEMENT filed by Defendant TruAbutment Inc. (Chin, Roger) (Entered: 05/23/2019)

EX PARTE APPLICATION to Continue Hearing and Briefing Schedule on Plaintiff's Motion for Preliminary Injunction from June 28, 2019 to July 19, 2019 filed by Defendant TruAbutment Inc.. (Attachments: # 1 Proposed Order) (Chin, Roger) (Entered: 05/23/2019)

DECLARATION of Roger J. Chin in Support of EX PARTE APPLICATION to Continue Hearing and Briefing Schedule on Plaintiff's Motion for Preliminary Injunction from June 28, 2019 to July 19, 2019 22 filed by Defendant TruAbutment Inc.. (Attachments: # 1 Exhibit A)(Chin, Roger) (Entered: 05/23/2019)

Opposition In Opposition to re: EX PARTE APPLICATION to Continue Hearing and Briefing Schedule on Plaintiff's Motion for Preliminary Injunction from June 28, 2019 to July 19, 2019 22 filed by Plaintiff Straumann USA, LLC. (Dallmann, Andrew) (Entered: 05/24/2019)

NOTICE of Appearance filed by attorney Brian William Lewis on behalf of Defendant TruAbutment Inc. (Attorney Brian William Lewis added to party TruAbutment Inc.(pty:dft))(Lewis, Brian) (Entered: 06/28/2019)

NOTICE of Appearance filed by attorney Gaurav S Asthana on behalf of Defendant TruAbutment Inc. (Attorney Gaurav S Asthana added to party TruAbutment Inc.(pty:dft))(Asthana, Gaurav) (Entered: 06/28/2019)

NOTICE of Appearance filed by attorney David Kowalski on behalf of Defendant TruAbutment Inc. (Attorney David Kowalski added to party TruAbutment Inc.(pty:dft))(Kowalski, David) (Entered: 06/28/2019)

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant TruAbutment Inc.. Motion set for hearing on 8/30/2019 at 10:30 AM before Judge Josephine L. Staton. (Attachments: # 1 Proposed Order) (Chin, Roger) (Entered: 06/28/2019)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case 29 filed by Defendant TruAbutment Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Chin, Roger) (Entered: 06/28/2019)

STIPULATION for Order Consolidating the Hearing Dates for Motion to Dismiss and Motion for Preliminary Injunction filed by Defendant TruAbutment Inc.. (Attachments: # 1 Proposed Order)(Chin, Roger) (Entered: 06/28/2019)

ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference is set for 8/16/2019 at 10:30 a.m. (tg) (Entered: 07/01/2019)

NOTICE of Appearance filed by attorney Peter J Gimino, III on behalf of Plaintiff Straumann USA, LLC (Attorney Peter J Gimino, III added to party Straumann USA, LLC(pty:pla))(Gimino, Peter) (Entered: 07/17/2019)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7, filed by Plaintiff Straumann USA, LLC.. (Attachments: # 1 Exhibit [Proposed] Patent Schedule)(Dallmann, Andrew) (Entered: 08/02/2019)

CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) (Entered: 08/12/2019)

ORDER/REFERRAL to ADR Procedure No. 2 by Judge Josephine L. Staton. Case is ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than October 2, 2020. (tg) (Entered: 08/12/2019)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 29 filed by Plaintiff Straumann USA, LLC. (Dallmann, Andrew) (Entered: 08/23/2019)

OPPOSITION re: EX PARTE APPLICATION for Preliminary Injunction re Patent infringement/Unfair competition . Motion EX PARTE APPLICATION for Temporary Restraining Order as to Patent infringement/unfair competition 4 filed by Defendant TruAbutment Inc.. (Chin, Roger) (Entered: 08/23/2019)

EVIDENTIARY OBJECTIONS re: EX PARTE APPLICATION for Preliminary Injunction re Patent infringement/Unfair competition . Motion EX PARTE APPLICATION for Temporary Restraining Order as to Patent infringement/unfair competition 4 filed by Defendant TruAbutment Inc.. (Chin, Roger) (Entered: 08/23/2019)

DECLARATION of Byoungeom Jung in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction 43 [Redacted] filed by Defendant TruAbutment Inc.. (Chin, Roger) (Entered: 08/23/2019)

DECLARATION of John B. Brunski, Ph.D in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction 43 [Redacted] filed by Defendant TruAbutment Inc.. (Attachments: # 1 Exhibit A)(Chin, Roger) (Entered: 08/23/2019)

DECLARATION of August de Oliveira, D.D.S. in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction 43 filed by Defendant TruAbutment Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Chin, Roger) (Entered: 08/23/2019)

DECLARATION of Gaurav Asthana in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction 43 filed by Defendant TruAbutment Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Asthana, Gaurav) (Entered: 08/23/2019)

PROOF OF SERVICE filed by Defendant TruAbutment Inc., re Sealed Declaration in SupportDeclaration, 42 served on August 23, 2019. (Chin, Roger) (Entered: 08/23/2019)

REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case 29 filed by Defendant TruAbutment Inc.. (Chin, Roger) (Entered: 08/30/2019)

REPLY In support EX PARTE APPLICATION for Preliminary Injunction re Patent infringement/Unfair competition . Motion EX PARTE APPLICATION for Temporary Restraining Order as to Patent infringement/unfair competition 4 filed by Plaintiff Straumann USA, LLC. (Gimino, Peter) (Entered: 08/30/2019)

SEALED OPPOSITION RE Objection/Opposition (Motion related), 43, Order on Motion for Leave to File Document Under Seal, 55 filed by Defendant TruAbutment Inc..(Chin, Roger) (Entered: 09/10/2019)

SEALED DOCUMENT (Declaration of Byoungeom Jung in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction) re Declaration 45, Order on Motion for Leave to File Document Under Seal, 55 filed by Defendant TruAbutment Inc..(Chin, Roger) (Entered: 09/10/2019)

SEALED DOCUMENT (Declaration of John B. Brunski, Ph.D in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction) re Declaration 46, Order on Motion for Leave to File Document Under Seal, 55 filed by Defendant TruAbutment Inc..(Chin, Roger) (Entered: 09/10/2019)

PROOF OF SERVICE filed by Defendant TruAbutment Inc., re Sealed Opposition 56, Sealed Document, 57, Sealed Document, 58 served on September 10, 2019. (Chin, Roger) (Entered: 09/10/2019)

MINUTES OF Hearing re Motion for Preliminary Injunction 4 ; Defendant's Motion to Dismiss the Complaint 29 Hearing held before Judge Josephine L. Staton: Hearing held. Oral arguments heard. Matters taken under submission by the Court. Court Reporter: Deborah Parker. (bm) (Entered: 09/13/2019)

MINUTES (IN CHAMBERS) ORDER DENYING Plaintiff's Motion for Preliminary Injunction (Doc. 4 ) by Judge Josephine L. Staton. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp) (Entered: 10/01/2019)

MINUTES (IN CHAMBERS) ORDER DENYING Defendant's Motion to Dismiss (Doc. 29 ) by Judge Josephine L. Staton. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp) (Entered: 10/01/2019)

NOTICE OF FILING TRANSCRIPT filed for proceedings 09/13/2019, 10:30 a.m. re Transcript 64 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dpa) TEXT ONLY ENTRY (Entered: 10/02/2019)

Notice of Filing Transcript

ANSWER to Complaint (Attorney Civil Case Opening), 1 with JURY DEMAND, COUNTERCLAIM against Straumann USA, LLC filed by Defendant and Counterclaimant TruAbutment Inc..(Chin, Roger) (Entered: 10/15/2019)

ORDER by Judge Josephine L. Staton: granting 70 Non-Resident Attorney Sarah Chapin Columbia APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Counter Defendant Straumann USA, LLC., designating Mandy H Kim as local counsel. (jp) (Entered: 10/23/2019)

ORDER by Judge Josephine L. Staton: granting 71 Non-Resident Attorney Paresh Kumar APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Counter Defendant Straumann USA, LLC., designating Mandy H Kim as local counsel. (jp) (Entered: 10/23/2019)

NOTICE of Appearance filed by attorney Thomas W Yeh on behalf of Counter Claimant TruAbutment Inc., Defendant TruAbutment Inc. (Attorney Thomas W Yeh added to party TruAbutment Inc.(pty:cc), Attorney Thomas W Yeh added to party TruAbutment Inc.(pty:dft))(Yeh, Thomas) (Entered: 10/29/2019)

ORDER by Judge Josephine L. Staton: granting 76 Non-Resident Attorney Herman H Yue APPLICATION to Appear Pro Hac Vice on behalf of Defendant TruAbutment, Inc., designating Thomas W Yeh as local counsel. (bm) (Entered: 10/31/2019)

ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 69 with JURY DEMAND filed by Plaintiff, Counterdefendant Straumann USA, LLC.(Kim, Mandy) (Entered: 11/05/2019)

STIPULATION for Protective Order filed by Plaintiff Straumann USA, LLC. (Attachments: # 1 Proposed Order)(Kim, Mandy) (Entered: 11/25/2019)

STIPULATION for Order re Discovery of Electronically Stored Information filed by Plaintiff Straumann USA, LLC. (Attachments: # 1 Proposed Order)(Kim, Mandy) (Entered: 11/25/2019)

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick: re Stipulation for Protective Order 81 . (sbou) (Entered: 12/03/2019)

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION by Magistrate Judge Douglas F. McCormick; re Stipulation for Order 82 . (sbou) (Entered: 12/03/2019)

JOINT STATUS REPORT REGARDING TECHNOLOGY TUTORIAL REPORT filed by Plaintiff Straumann USA, LLC, Counter Defendant Straumann USA, LLC. (Kim, Mandy) (Entered: 12/06/2019)

STATEMENT (Joint Claim Construction and Prehearing Statement) filed by Plaintiff Straumann USA, LLC, Counter Defendant Straumann USA, LLC re: Scheduling Order,, Terminate Hearings,, Set/Reset Deadlines/Hearings,,, 37 . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kim, Mandy) (Entered: 12/20/2019)

BRIEF filed by Defendant and Counterclaimant TruAbutment Inc.. (Opening Claim Construction Brief) (Chin, Roger) (Entered: 01/17/2020)

DECLARATION of John B. Brunski, Ph.D. in Support of Defendant's Opening Claim Construction Brief 88 filed by Counter Claimant TruAbutment Inc., Defendant TruAbutment Inc.. (Chin, Roger) (Entered: 01/17/2020)

BRIEF filed by Plaintiff and Counterdefendant Straumann USA, LLC. (Plaintiff Straumann USA, LLC's Opening Claim Construction Brief) regarding Scheduling Order,, Terminate Hearings,, Set/Reset Deadlines/Hearings,,, 37 . (Kim, Mandy) (Entered: 01/17/2020)

BRIEF filed by Defendant and Counterclaimant TruAbutment Inc.. (Responsive Claim Construction Brief) 88 (Chin, Roger) (Entered: 01/31/2020)

DECLARATION of Herman H. Yue re Brief (non-motion non-appeal) 94 in Support of Defendant's Responsive Claim Construction Brief filed by Counter Claimant TruAbutment Inc., Defendant TruAbutment Inc.. (Attachments: # 1 Exhibit I)(Yue, Herman) (Entered: 01/31/2020)

BRIEF filed by Plaintiff and Counterdefendant Straumann USA, LLC. (Plaintiff Straumann USA, LLC's Responsive Claim Construction Brief) regarding Scheduling Order,, Terminate Hearings,, Set/Reset Deadlines/Hearings,,, 37 . (Kim, Mandy) (Entered: 01/31/2020)

NOTICE of Change of address by Sarah Chapin Columbia attorney for Plaintiff Straumann USA, LLC. Changing attorneys address to 200 Clarendon Street, Floor 58, Boston, Massachusetts 02116-5021. Filed by Plaintiff Straumann USA, LLC. (Columbia, Sarah) (Entered: 02/04/2020)

NOTICE of Change of address by Paresh Kumar attorney for Plaintiff Straumann USA, LLC. Changing attorneys address to 200 Clarendon Street, Floor 58, Boston, Massachusetts 02116-5021. Filed by Plaintiff Straumann USA, LLC. (Kumar, Paresh) (Entered: 02/04/2020)

MINUTES OF TECHNOLOGY TUTORIAL HEARING before Judge Josephine L. Staton: Hearing held and completed. Court Reporter: Marea Woolrich. (jp) (Entered: 02/25/2020)

STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Defendant and Counterclaimant TruAbutment Inc.. (Attachments: # 1 Proposed Order)(Chin, Roger) (Entered: 04/06/2020)

TruAbutment Inc.

Straumann USA, LLC