Blendermann v. LifeWave, Inc.
Federal Civil Lawsuit Florida Southern District Court, Case No. 2:15-cv-14265-RLR
District Judge Robin L. Rosenberg, presiding

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Last Updated December 13, 2019 at 6:52 PM ST (1.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo EDWARD L. BLENDERMANN, Plaintiff

Toggle Switch Represented by Johnson & Martin, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joshua David Martin +1 954 790 6699 +1 954 206 0017 josh.martin@johnsonmartinlaw.com

Toggle Switch Represented by Klinck LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Robert A. Klinck +1 202 736 8735 rklinck@klinckllc.com
No Logo Life Wave, Inc., Counter-Claimant

Toggle Switch Represented by Sheppard Mullin LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Murphy +1 858 720 8900 +1 858 509 3691 mmurphy@sheppardmullin.com

Toggle Switch Represented by Stroock & Stroock & Lavan LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Irene Oria +1 305 789 9326 +1 305 789 9302 ioria@stroock.com
v.
No Logo Life Wave, Inc., Defendant

Toggle Switch Represented by Sheppard Mullin LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Murphy +1 858 720 8900 +1 858 509 3691 mmurphy@sheppardmullin.com

Toggle Switch Represented by Stroock & Stroock & Lavan LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Irene Oria +1 305 789 9326 +1 305 789 9302 ioria@stroock.com
No Logo EDWARD L. BLENDERMANN, Counter-Defendant

Toggle Switch Represented by Johnson & Martin, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joshua David Martin +1 954 790 6699 +1 954 206 0017 josh.martin@johnsonmartinlaw.com

Toggle Switch Represented by Klinck LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert A. Klinck +1 202 736 8735 rklinck@klinckllc.com
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Blank 139 Filed: 8/29/2017, Entered: 8/29/2017 OrderCourt Filing
PAPERLESS ORDER noting the parties' Stipulation of Dismissal at docket entry 138. This action is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and no court order is required to dismiss upon the filing of a stipulation of dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii). To the extent the Stipulation attempts to contain an embedded motion for the Court to provide relief, no Motion complying with Local Rule 7.1(a) is before this Court. Signed by Judge Robin L. Rosenberg on 8/29/2017. (bkd)
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    Legal Document (Payment Possibly Required) 138 Filed: 8/29/2017, Entered: 8/29/2017 ///Stipulation of Dismissal
    STIPULATION of Dismissal with Prejudice by Edward L. Blendermann (Attachments: # (1) Text of Proposed Order on Joint Stipulation of Dismissal with Prejudice)(Martin, Joshua)
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      Blank 137 Filed: 8/21/2017, Entered: 8/21/2017 Order on motion for extension of timeCourt Filing
      PAPERLESS ORDER granting [136] Motion for Extension of Time. The parties shall filethe Joint Stipulation of Dismissal or Motion for Dismissal on or before August 30, 2017. Signed by Judge Robin L. Rosenberg on 8/21/2017. (bkd)
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        Legal Document (Payment Possibly Required) 136 Filed: 8/18/2017, Entered: 8/18/2017, Terminated: 8/21/2017 MOTION for Extension of Time
        Joint MOTION for Extension of Time to File Joint Stipulation of Dismissal by Edward L. Blendermann. Responses due by 9/1/2017 (Attachments: # (1) Text of Proposed Order Granting Joint Motion for Extension of Time to File Joint Stipulation of Dismissal)(Martin, Joshua)
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          Legal Document (Payment Possibly Required) 135 Filed: 7/20/2017, Entered: 7/21/2017 Form AO 120/121
          FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # (1) Order) (vmz)
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            Legal Document (Payment Possibly Required) 134 Filed: 7/20/2017, Entered: 7/20/2017 Order dismissing caseCourt Filing
            ORDER STAYING CASE AND DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE FOR STATISTICAL PURPOSES Motions terminated: [81] Motion for Partial Summary Judgment and Memorandum of Law on Defendant's Affirmative Defenses filed by Edward L. Blendermann, [84] Defendant's MOTION for Summary Judgment /Adjudication re: Provisional Rights & Invalidity filed by LifeWave, Inc., [87] Defendant's MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims filed by LifeWave, Inc., [80] MOTION in Limine and Memorandum of Law to Exclude LifeWave's Untimely Non-Infringement and Invalidity Theories and LifeWave's Irrelevant Evidence filed by Edward L. Blendermann. Signed by Judge Robin L. Rosenberg on 7/20/2017. (vmz) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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              Legal Document (Payment Possibly Required) 133 Filed: 7/20/2017, Entered: 7/20/2017 Notice of settlement
              NOTICE of Settlement by Edward L. Blendermann (Martin, Joshua)
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                Legal Document (Payment Possibly Required) 132 Filed: 7/13/2017, Entered: 7/13/2017 OrderCourt Filing
                ORDER SCHEDULING SETTLEMENT CONFERENCE: (Settlement Conference set for 8/9/2017 at 10:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman.) Confidential settlement memoranda due by 5:00 p.m. on Friday, August 4, 2017. Signed by Magistrate Judge William Matthewman on 7/13/2017. (kza)
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                  Blank 131 Filed: 7/5/2017, Entered: 7/5/2017 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
                  Clerks Notice to Filer re [128] Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#130]. It is not necessary to refile this document. (ls)
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                    Legal Document (Payment Possibly Required) 129 Filed: 7/5/2017, Entered: 7/5/2017 Order Referring Case to Magistrate JudgeCourt Filing
                    ORDER REFERRING CASE to Magistrate Judge William Matthewman for Settlement. Signed by Judge Robin L. Rosenberg on 6/30/2017. (vmz)
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                      Blank 130 Filed: 6/30/2017, Entered: 7/5/2017 Notice of Adoption
                      Notice of Adoption/Joinder by LifeWave, Inc. Related document:[89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. filed by LifeWave, Inc. (ls) (See Image at DE #128)
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                        Legal Document (Payment Possibly Required) 128 Filed: 6/30/2017, Entered: 6/30/2017 Notice - other
                        NOTICE by LifeWave, Inc. re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. / Stroock & Stroock & Lavan LLP's Notice of Joinder in Motion of Sheppard Mullin Richter & Hampton LLP and its Attorneys for Leave to Withdraw as Counsel for Defendant Lifewave, Inc. (D.E. 89) (Oria, Irene)
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                          Blank 127 Filed: 6/30/2017, Entered: 6/30/2017 order on motion for miscellaneous reliefCourt Filing
                          PAPERLESS ORDER granting [118] Motion of Sheppard Mullin Richter & Hampton LLP to Reinstate its Prior Motion for Leave to Withdraw as Counsel for Defendant Lifewave, Inc. The Court finds the information provided at the hearing held June 30, 2017, satisfies the standard for permissive withdrawal outlined in Florida Rule of Professional Conduct 4-1.16(b). But withdrawal will not be effective immediately. Instead, Sheppard Mullin Richter & Hampton LLP shall remain Defendants counsel until the day after the settlement conference with Magistrate Judge William Matthewman, which shall take place during the week of August 7, 2017, and will be set by separate order. However, by July 21, 2017, Defendant must have retained new counsel and Defendants new counsel must have filed a notice of appearance to the docket. During the hearing held on June 30, 2017, the Court also granted Plaintiffs ore tenus Motion to Continue Trial. Trial in this case is hereby reset for September 11, 2017. Calendar Call will take place on August 30, 2017. The Court notes that the deadline for dispositive motions in this case has passed. All pre-trial deadlines following the dispositive motions deadline are hereby stayed. After the settlement conference with Magistrate Judge Matthewman the Court will, if the case is to proceed, set a status conference at which Plaintiffs counsel and defendants new counsel will discuss the re-setting of the remaining pre-trial deadlines. Signed by Judge Robin L. Rosenberg on 6/30/2017. (as00)
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                            Blank 126 Filed: 6/30/2017, Entered: 6/30/2017 Motion HearingCourt Filing
                            PAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Motion Hearing held on 6/30/2017 re [118] MOTION to Reinstate re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. filed by LifeWave, Inc. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Robert A. Klinck, Joshua David Martin, Danna J. Cotman, Irene Oria, Michael Murphy, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (mg)
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                              Legal Document (Payment Possibly Required) 125 Filed: 6/30/2017, Entered: 6/30/2017 Order on Motion to appear pro hac viceCourt Filing
                              ORDER granting [122] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Danna Cotman, Esquire to receive NEF's at the email address: danna@arciplaw.com. Signed by Magistrate Judge Shaniek M. Maynard on 6/30/2017. (cga).
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                                Blank 124 Filed: 6/30/2017, Entered: 6/30/2017 Case Reassignment of Paired Magistrate JudgeCourt Filing
                                Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2017-35 to Magistrate Judge Shaniek Maynard. Ch. Magistrate Judge Frank J. Lynch, Jr no longer assigned to case. (cga)
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                                  Blank  set/reset deadlines/hearings
                                  Reset Deadlines/Hearings Deadline to obtain new counsel 7/21/2017. Calendar Call set for 8/30/2017 before Judge Robin L. Rosenberg. Jury Trial reset for 9/11/2017 before Judge Robin L. Rosenberg. (ls) (per DE #127)
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                                    Legal Document (Payment Possibly Required) 123 Filed: 6/29/2017, Entered: 6/29/2017 response in opposition to motion
                                    RESPONSE in Opposition re [118] MOTION to Reinstate re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. filed by LifeWave, Inc.. Replies due by 7/6/2017. (Payton, Harry)
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                                      Legal Document (Payment Possibly Required) 122 Filed: 6/28/2017, Entered: 6/28/2017, Terminated: 6/30/2017 Motion to appear pro hac vice
                                      MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Danna J. Cotman. Filing Fee $ 75.00 Receipt # 113C-9850141 by LifeWave, Inc.. Attorney Harry A. Payton added to party LifeWave, Inc.(pty:cc), Attorney Harry A. Payton added to party LifeWave, Inc.(pty:dft). Responses due by 7/12/2017 (Attachments: # (1) Exhibit Certification of Danna J. Cotman, # (2) Text of Proposed Order Proposed Order)(Payton, Harry)
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                                        Blank 121 Filed: 6/27/2017, Entered: 6/27/2017 OrderCourt Filing
                                        PAPERLESS ORDER. The Court has received an email from David Schmidt, CEO of Defendant LifeWave, Inc., requesting that the Court postpone its Hearing on the [118] Motion of Sheppard Mullin Richter & Hampton LLP to Reinstate Its Prior Motion for Leave to Withdraw as Counsel for Defendant LifeWave, Inc. and allow Defendant LifeWave, Inc. to file a response to the Motion by July 7, 2017. That request is denied. The Hearing remains set for Friday, June 30, 2017, at 11:00 a.m. in West Palm Beach. Mr. Schmidt may attend the Hearing in person but shall, at a minimum, appear by telephone. Instructions for appearing by telephone are as follows: Please call five minutes prior to the Hearing. Toll-Free Number: 1 (877) 873-8018. Access Code: 9890482. Security Code: 4008. Defendant LifeWave, Inc. may file a response to the Motion by no later than 5:00 p.m. on Thursday, June 29, 2017. Signed by Judge Robin L. Rosenberg on 6/27/2017. (nkl)
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                                          Blank 120 Filed: 6/27/2017, Entered: 6/27/2017 Order Setting Hearing on MotionCourt Filing
                                          PAPERLESS ORDER Setting Hearing on [118] Motion of Sheppard Mullin Richter & Hampton LLP to Reinstate Its Prior Motion for Leave to Withdraw as Counsel for Defendant LifeWave, Inc. Motion Hearing set for 6/30/2017 at 11:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. While the Court notes that this is a Ft. Pierce case, the Court's schedule requires that the Hearing be held in West Palm Beach. Counsel shall attend the Hearing in person. Signed by Judge Robin L. Rosenberg on 6/27/2017. (nkl)
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                                            Blank  Set/Reset Motion/R&R Deadlines and Hearings
                                            Reset Deadlines as to [118] MOTION to Reinstate re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. . Responses due by 6/29/2017 (ls) (per DE #121)
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                                              Legal Document (Payment Possibly Required) 119 Filed: 6/26/2017, Entered: 6/26/2017 Response to motion
                                              RESPONSE to Motion re [118] MOTION to Reinstate re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. filed by Edward L. Blendermann. Replies due by 7/3/2017. (Martin, Joshua)
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                                                Legal Document (Payment Possibly Required) 118 Filed: 6/23/2017, Entered: 6/23/2017, Terminated: 6/30/2017 motion for miscellaneous relief
                                                MOTION to Reinstate re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. by LifeWave, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Oria, Irene)
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                                                  Legal Document (Payment Possibly Required) 117 Filed: 6/23/2017, Entered: 6/23/2017 Notice of withdrawal of motion
                                                  NOTICE OF WITHDRAWAL OF MOTION by LifeWave, Inc. re [116] Unopposed MOTION to Reinstate re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. filed by LifeWave, Inc. (Oria, Irene)
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                                                    Legal Document (Payment Possibly Required) 116 Filed: 6/23/2017, Entered: 6/23/2017, Terminated: 6/23/2017 motion for miscellaneous relief
                                                    Unopposed MOTION to Reinstate re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. by LifeWave, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Oria, Irene)
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                                                      Blank 115 Filed: 6/19/2017, Entered: 6/19/2017 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
                                                      Clerks Notice to Filer re [113] Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#114]. It is not necessary to refile this document. (ls)
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                                                        Blank 114 Filed: 6/16/2017, Entered: 6/19/2017 Mediation Report
                                                        FINAL MEDIATION REPORT by Gary Birnberg. Disposition: Case did not settle.(ls)(See Image at DE #113)
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                                                          Legal Document (Payment Possibly Required) 113 Filed: 6/16/2017, Entered: 6/16/2017 Notice - other
                                                          NOTICE by Edward L. Blendermann Regarding Status of Second Mediation (Martin, Joshua)
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                                                            Legal Document (Payment Possibly Required) 112 Filed: 6/13/2017, Entered: 6/13/2017 Reply to Response to motion
                                                            REPLY to Response to Motion re [87] Defendant's MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims filed by LifeWave, Inc.. (Oria, Irene)
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                                                              Legal Document (Payment Possibly Required) 111 Filed: 6/13/2017, Entered: 6/13/2017 statement
                                                              Statement of: Response to Statement of Additional Material Facts by LifeWave, Inc. re [99] Statement, (Oria, Irene)
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                                                                Legal Document (Payment Possibly Required) 110 Filed: 6/13/2017, Entered: 6/13/2017 Reply to Response to motion
                                                                REPLY to Response to Motion re [84] Defendant's MOTION for Summary Judgment /Adjudication re: Provisional Rights & Invalidity filed by LifeWave, Inc.. (Attachments: # (1) Declaration of Michael Murphy, # (2) Exhibit 27, # (3) Exhibit 28)(Oria, Irene)
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                                                                  Legal Document (Payment Possibly Required) 109 Filed: 6/13/2017, Entered: 6/13/2017 Reply to Response to motion
                                                                  REPLY to Response to Motion re [80] MOTION in Limine and Memorandum of Law to Exclude LifeWave's Untimely Non-Infringement and Invalidity Theories and LifeWave's Irrelevant Evidence filed by Edward L. Blendermann. (Martin, Joshua)
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                                                                    Legal Document (Payment Possibly Required) 108 Filed: 6/13/2017, Entered: 6/13/2017 Reply to Response to motion
                                                                    REPLY to Response to Motion re [81] Motion for Partial Summary Judgment and Memorandum of Law on Defendant's Affirmative Defenses filed by Edward L. Blendermann. (Martin, Joshua)
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                                                                      Legal Document (Payment Possibly Required) 107 Filed: 6/7/2017, Entered: 6/7/2017 statement
                                                                      Statement of: [Corrected] Undisputed Facts in Opposition to Plaintiff's Motions for Partial Summary Judgment by LifeWave, Inc. re [100] Response in Opposition to Motion (Oria, Irene)
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                                                                        Blank 106 Filed: 6/7/2017, Entered: 6/7/2017 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
                                                                        Clerks Notice to Filer re [99] Statement,. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
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                                                                          Blank 105 Filed: 6/7/2017, Entered: 6/7/2017 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
                                                                          Clerks Notice to Filer re [81] MOTION for Summary Judgment and Memorandum of Law on Defendant's Affirmative Defenses. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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                                                                            Blank 104 Filed: 6/7/2017, Entered: 6/7/2017 Status ConferenceCourt Filing
                                                                            PAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Status Conference held on 6/7/2017. Total time in court: 10 minutes. Attorney Appearance(s): Robert A. Klinck, Irene Oria, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (mg)
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                                                                              Legal Document (Payment Possibly Required) 103 Filed: 6/7/2017, Entered: 6/7/2017 statement
                                                                              Statement of: Undisputed Facts in Opposition to Plaintiff's Motions for Partial Summary Judgment by LifeWave, Inc. re [100] Response in Opposition to Motion (Oria, Irene)
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                                                                                Legal Document (Payment Possibly Required) 102 Filed: 6/7/2017, Entered: 6/7/2017 Affidavit in Opposition to Motion
                                                                                AFFIDAVIT/Declaration of Michael Murphy in Opposition re [81] MOTION for Partial Summary Judgment and Memorandum of Law on Defendant's Affirmative Defenses, [80] MOTION in Limine and Memorandum of Law to Exclude LifeWave's Untimely Non-Infringement and Invalidity Theories and LifeWave's Irrelevant Evidence filed by LifeWave, 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, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33)(Oria, Irene) Modified Text on 6/7/2017 (ls).
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                                                                                  Legal Document (Payment Possibly Required) 101 Filed: 6/6/2017, Entered: 6/6/2017 response in opposition to motion
                                                                                  RESPONSE in Opposition re [80] MOTION in Limine and Memorandum of Law to Exclude LifeWave's Untimely Non-Infringement and Invalidity Theories and LifeWave's Irrelevant Evidence filed by LifeWave, Inc.. Replies due by 6/13/2017. (Oria, Irene)
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                                                                                    Legal Document (Payment Possibly Required) 100 Filed: 6/6/2017, Entered: 6/6/2017 response in opposition to motion
                                                                                    RESPONSE in Opposition re [81] MOTION for Partial Summary Judgment and Memorandum of Law on Defendant's Affirmative Defenses filed by LifeWave, Inc.. Replies due by 6/13/2017. (Oria, Irene) Modified Text on 6/7/2017 (ls).
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                                                                                      Legal Document (Payment Possibly Required) 99 Filed: 6/6/2017, Entered: 6/6/2017 statement
                                                                                      Statement of: Material Facts in Opposition re [84] Defendant's MOTION for Summary Judgment/Adjudication re: Provisional Rights & Invalidity by Edward L. Blendermann (Attachments: # (1) Exhibit 1, Deposition of Edward Blendermann, # (2) Exhibit 2, Notebook of Edward Blendermann, # (3) Exhibit 3, Deposition of R. Meyst)(Martin, Joshua) Modified Link on 6/7/2017 (ls).
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                                                                                        Legal Document (Payment Possibly Required) 98 Filed: 6/6/2017, Entered: 6/6/2017 response in opposition to motion
                                                                                        RESPONSE in Opposition re [84] Defendant's MOTION for Summary Judgment /Adjudication re: Provisional Rights & Invalidity filed by Edward L. Blendermann. Replies due by 6/13/2017. (Martin, Joshua)
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                                                                                          Legal Document (Payment Possibly Required) 97 Filed: 6/6/2017, Entered: 6/6/2017 response in opposition to motion
                                                                                          RESPONSE in Opposition re [87] Defendant's MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims filed by Edward L. Blendermann. Replies due by 6/13/2017. (Attachments: # (1) Declaration of Robert A. Klinck, # (2) Exhibit 1, February 3, 2015 Email from Esplin, # (3) Exhibit 2, March 6, 2015 Email to Esplin, # (4) Exhibit 3, August 20, 2015 Email from Klinck to Murphy, # (5) Exhibit 4, September 2, 2015 Email from Murphy to Klinck, # (6) Exhibit 5, October 28, 2015 Email from Murphy, # (7) Exhibit 6, October 29, 2015 Email from Klinck, # (8) Exhibit 7, November 5, 2015 Email from Murphy, # (9) Exhibit 8, Responses to Defendant's First Set of Interrogatories (11/9/2015), # (10) Exhibit 9, December 18, 2015 Email from Murphy, # (11) Exhibit 10, Defendant's Draft Amended Answer, # (12) Exhibit 11, January 4, 2016 Email from Klinck, # (13) Exhibit 12, September 19, 2016 Letter from Murphy, # (14) Exhibit 13, September 19, 2016 Email from Klinck, # (15) Exhibit 14, October 17, 2016 Email from Murphy, # (16) Exhibit 15, October 19, 2016 Email from Murphy regarding Deposition Date, # (17) Exhibit 16, Deposition Transcript of Edward Blendermann, # (18) Exhibit 17, Validity Report of R. Meyst (March 24, 2017))(Martin, Joshua) Modified Text on 6/7/2017 (ls).
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                                                                                            Legal Document (Payment Possibly Required) 96 Filed: 6/1/2017, Entered: 6/1/2017 Notice - other
                                                                                            NOTICE by LifeWave, Inc. Informing the Court of Date and Time of Second Mediation (Joint Notice) (Oria, Irene)
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                                                                                              Legal Document (Payment Possibly Required) 95 Filed: 5/31/2017, Entered: 5/31/2017 Notice - other
                                                                                              NOTICE by LifeWave, Inc. of Telephonic Appearance of Defendant's Counsel at the Case Status Conference (Oria, Irene)
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                                                                                                Blank 94 Filed: 5/31/2017, Entered: 5/31/2017 OrderCourt Filing
                                                                                                PAPERLESS ORDER requiring the parties to file within one business day a notice informing the Court of the date and time of the second mediation in this case. See DE 12, 76. Signed by Judge Robin L. Rosenberg on 5/31/2017. (bkd)
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                                                                                                  Legal Document (Payment Possibly Required) 93 Filed: 5/31/2017, Entered: 5/31/2017 Notice - other
                                                                                                  NOTICE by Edward L. Blendermann of Telephonic Appearance of Plaintiff's Counsel at the Case Status Conference (Martin, Joshua)
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                                                                                                    Blank 92 Filed: 5/30/2017, Entered: 5/30/2017 Order on Motion to withdraw as attorneyCourt Filing
                                                                                                    PAPERLESS ORDER terminating Defendant's Motion to Withdraw as Attorney [89]. Because counsel for Defendant indicates that he does not want the Motion to be ruled upon until such time as briefing has concluded on the pending motions for summary judgment and the parties have completed mediation, the Court terminates the Motion. Counsel for Defendant may move for the Motion to be reinstated at such time as counsel desires a ruling from this Court. Signed by Judge Robin L. Rosenberg on 5/30/2017. (bkd)
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                                                                                                      Legal Document (Payment Possibly Required) 91 Filed: 5/24/2017, Entered: 5/24/2017 Notice - other
                                                                                                      NOTICE by LifeWave, Inc. re [84] Defendant's MOTION for Summary Judgment /Adjudication re: Provisional Rights & Invalidity of Filing Declaration of David G. Schmidt in Support (Attachments: # (1) Affidavit Declaration of David G. Schmidt) (Oria, Irene) Modified Link/Text on 5/25/2017 (ls).
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                                                                                                        Legal Document (Payment Possibly Required) 90 Filed: 5/23/2017, Entered: 5/23/2017 Affidavit in Support of Motion
                                                                                                        AFFIDAVIT in Support re [89] MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. filed by LifeWave, Inc.. (Oria, Irene)
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                                                                                                          Legal Document (Payment Possibly Required) 89 Filed: 5/23/2017, Entered: 5/23/2017, Terminated: 5/30/2017 Motion to withdraw as attorney
                                                                                                          MOTION to Withdraw as Attorney by Sheppard Mullin Richter & Hampton LLP. by LifeWave, Inc.. Responses due by 6/6/2017 (Attachments: # (1) Text of Proposed Order Proposed Order)(Oria, Irene)
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                                                                                                            Legal Document (Payment Possibly Required) 88 Filed: 5/23/2017, Entered: 5/23/2017 MEMORANDUM
                                                                                                            MEMORANDUM in Support re [87] Defendant's MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims by LifeWave, Inc.. (Oria, Irene)
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                                                                                                              Legal Document (Payment Possibly Required) 87 Filed: 5/23/2017, Entered: 5/23/2017, Terminated: 7/20/2017 motion for leave to file
                                                                                                              Defendant's MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims by LifeWave, Inc.. (Attachments: # (1) Exhibit Proposed Amended Answer)(Oria, Irene)
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                                                                                                                Legal Document (Payment Possibly Required) 86 Filed: 5/23/2017, Entered: 5/23/2017 statement
                                                                                                                Statement of: Undisputed Facts in Support of Defendant's Motion for Summary Judgment /Adjudication re: Provisional Rights & Invalidity by LifeWave, Inc. re [84] Defendant's MOTION for Summary Judgment /Adjudication re: Provisional Rights & Invalidity (Oria, Irene)
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                                                                                                                  Legal Document (Payment Possibly Required) 85 Filed: 5/23/2017, Entered: 5/23/2017 MEMORANDUM
                                                                                                                  MEMORANDUM in Support re [84] Defendant's MOTION for Summary Judgment /Adjudication re: Provisional Rights & Invalidity by LifeWave, Inc.. (Oria, Irene)
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                                                                                                                    Legal Document (Payment Possibly Required) 84 Filed: 5/23/2017, Entered: 5/23/2017, Terminated: 7/20/2017 Motion for summary judgment
                                                                                                                    Defendant's MOTION for Summary Judgment /Adjudication re: Provisional Rights & Invalidity by LifeWave, Inc.. Responses due by 6/6/2017 (Oria, Irene)
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                                                                                                                      Legal Document (Payment Possibly Required) 83 Filed: 5/23/2017, Entered: 5/23/2017 Affidavit
                                                                                                                      AFFIDAVIT signed by : Michael Murphy. / DECLARATION of Michael Murphy in Support of Defendant's Motions for Summary Adjudication re: Provisional Rights & Invalidity by LifeWave, Inc. (Attachments: # (1) Exhibit 1 - Method for Increase Muscle Strength, # (2) Exhibit 2 - U.S. Patent 8617590 B2, # (3) Exhibit 3 - U.S. Patent Application Publication, # (4) Exhibit 4 - Communication from U.S. Patent and Trademark Office, # (5) Exhibit 5 - Claims May 20, 2005, # (6) Exhibit 6 - Office Action Summary, # (7) Exhibit 7 - Claims February 15, 2006, # (8) Exhibit 8 - Communication from U.S. Patent and Trademark Office, # (9) Exhibit 9 - Communication from U.S. Patent and Trademark Office, # (10) Exhibit 10 - Deposition Transcript of Edward Blendermann, # (11) Exhibit 11 - Letter from Commissioner of Patents, # (12) Exhibit 12 - Letter from Commissioner of Patents, # (13) Exhibit 13 - Petition for Revival of Application for Patent, # (14) Exhibit 14 - Letter from Commissioner of Patents, # (15) Exhibit 15 - Notes, # (16) Exhibit 16 - Notes, # (17) Exhibit 17 - Rebuttal Expert Report of Richard Meyst, # (18) Exhibit 18 - Deposition Transcript of Richard Meyst, # (19) Exhibit 19 - Expert Report on Damages, # (20) Exhibit 20 - Deposition Transcript of Stephen A. Holzen, # (21) Exhibit 21 - Deposition Transcript of David G. Schmidt, # (22) Exhibit 22 - Email dated October 3, 2002, # (23) Exhibit 23 - Screenshot, # (24) Exhibit 24 - Screenshot, # (25) Exhibit 25 - Provisional Application, # (26) Exhibit 26 - Certificate from the U.S. Department of Commerce)(Oria, Irene)
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                                                                                                                        Legal Document (Payment Possibly Required) 82 Filed: 5/23/2017, Entered: 5/23/2017 statement
                                                                                                                        Statement of: Undisputed Material Facts by Edward L. Blendermann re [81] MOTION for Partial Summary Judgment and Memorandum of Law on Defendant's Affirmative Defenses (Attachments: # (1) Exhibit 1, '615 Publication (June 26, 2003), # (2) Exhibit 2, Notice of Abandonment (November 13, 2008), # (3) Exhibit 3, PTO Decision Granting Petition (November 5, 2012), # (4) Exhibit 4, Blendermann Deposition Excerpts, # (5) Exhibit 5, Schmidt Deposition Excerpts, # (6) Exhibit 6, Blendermann IDS Sending '615 Publication (10/4/2007), # (7) Exhibit 7, Blendermann IDS - '596 Application (10/24/2008), # (8) Exhibit 8, Blendermann Letter Citing '527 Application (6/6/2012), # (9) Exhibit 9, Blendermann Letter Regarding Schmidt Response (12/7/2012), # (10) Exhibit 10, Blendermann Letter Regarding '590 Issuance (1/9/2014), # (11) Exhibit 11, LifeWave IDS Citing '615 Publication, '596 Application (10/27/2010), # (12) Exhibit 12, LifeWave Arguments and IDS Citing '527 and '248 Applications (10/25/2012), # (13) Exhibit 13, LifeWave IDS Citing Blendermann Letters (4/10/2013), # (14) Exhibit 14, Saff Deposition Excerpts, # (15) Exhibit 15, Energy Enhancer Studies Summary, # (16) Exhibit 16, Troy State University Study, # (17) Exhibit 17, Morehouse College Study, # (18) Exhibit 18, Fenestra Research Report, # (19) Exhibit 19, Shallenberger Study, # (20) Exhibit 20, Tully Study, # (21) Exhibit 21, Tully Peer Reviewed Study, # (22) Exhibit 22, Y-Age Carnosine Studies Summary, # (23) Exhibit 23, Tully Carnosine Study, # (24) Exhibit 24, Tully Carnosine Lactate Study, # (25) Exhibit 25, Y-Age Aeon Studies Summary, # (26) Exhibit 26, Haltiwanger Study, # (27) Exhibit 27, Haltiwanger Deposition Excerpt, # (28) Exhibit 28, LifeWave's Responses to Plaintiff's Requests for Admission (10/19/2016), # (29) Exhibit 29, LifeWave Product Catalog, # (30) Exhibit 30, LifeWave's First Supplemental Responses to Plaintiff's Interrogatories 1, 3 and 7 (9/30/2016), # (31) Exhibit 31, Shealy Signed Expert Report, # (32) Exhibit 32, Skolnikoff Signed Report, # (33) Exhibit 33, Tully Signed Report, # (34) Exhibit 34, LifeWave's Responses to Plaintiff's Second Set of Interrogatories (10/19/2016))(Martin, Joshua) Modified Text on 6/7/2017 (ls).
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                                                                                                                          Legal Document (Payment Possibly Required) 81 Filed: 5/23/2017, Entered: 5/23/2017, Terminated: 7/20/2017 Motion for partial summary judgment
                                                                                                                          Motion for Partial Summary Judgment and Memorandum of Law on Defendant's Affirmative Defenses by Edward L. Blendermann. Responses due by 6/6/2017 (Martin, Joshua) Modified Relief on 6/7/2017 (ls).
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                                                                                                                            Legal Document (Payment Possibly Required) 80 Filed: 5/23/2017, Entered: 5/23/2017, Terminated: 7/20/2017 Motion in Limine
                                                                                                                            MOTION in Limine and Memorandum of Law to Exclude LifeWave's Untimely Non-Infringement and Invalidity Theories and LifeWave's Irrelevant Evidence by Edward L. Blendermann. (Attachments: # (1) Exhibit 1, Plaintiff's First Set of Interrogatories to LifeWave (9/29/2015), # (2) Exhibit 2, LifeWave's Objections and Responses to Plaintiff's First Set of Interrogatories (11/2/2015), # (3) Exhibit 3, Letter to M. Murphy Regarding Discovery Issues (2/2/2016), # (4) Exhibit 4, September 19, 2016 Email Exchange, # (5) Exhibit 5, LifeWave's First Supplemental Responses to Plaintiff's Interrogatories 1, 3 and 7 (9/30/2016), # (6) Exhibit 6, Shealy Invalidity Report (2/22/2017), # (7) Exhibit 7, Skolnikoff Invalidity Report (2/21/2017), # (8) Exhibit 8, Tully Invalidity Report (2/22/2017), # (9) Exhibit 9, Haltiwanger Responsive Expert Report (3/24/2017))(Martin, Joshua)
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                                                                                                                              Legal Document (Payment Possibly Required) 79 Filed: 2/27/2017, Entered: 2/27/2017 Notice - other
                                                                                                                              NOTICE by Edward L. Blendermann of Outcome of Early Mediation (Martin, Joshua)
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                                                                                                                                Legal Document (Payment Possibly Required) 78 Filed: 2/27/2017, Entered: 2/27/2017 Mediation Report
                                                                                                                                MEDIATION REPORT by Jerold I. Schneider. Disposition: Case did not settle.(Schneider, Jerold)
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                                                                                                                                  Blank 77 Filed: 2/27/2017, Entered: 2/27/2017 OrderCourt Filing
                                                                                                                                  PAPERLESS ORDER. Pursuant to this Court's Order at docket entry 76, the parties were required to attend an early mediation by no later than February 24, 2017. Accordingly, by no later than 5:00 p.m. tomorrow, February 28, 2017, the parties shall file written notice of the outcome of their early mediation. Signed by Judge Robin L. Rosenberg on 2/27/2017. (nkl)
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                                                                                                                                    Blank 76 Filed: 1/25/2017, Entered: 1/25/2017 Order referring case to mediationCourt Filing
                                                                                                                                    PAPERLESS ORDER REFERRING CASE to Early Mediation. In their [71] Joint Motion to Reset Pretrial Schedule and Trial Date, the parties indicated that they had been discussing a potential settlement of this action and that claim construction would significantly impact settlement discussions. In light of that representation, and in light of the fact that the Court has issued its [75] Order Construing Claim Terms, the parties are hereby ordered to attend an early mediation by no later than 2/24/2017. This early mediation is in addition to, and not in lieu of, the mediation previously ordered by the Court at docket entry [12], the deadline for which is 6/22/2017. See DE [74]. Signed by Judge Robin L. Rosenberg on 1/25/2017. (nkl)
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                                                                                                                                      Legal Document (Payment Possibly Required) 75 Filed: 1/23/2017, Entered: 1/23/2017 order on motion for miscellaneous reliefCourt Filing
                                                                                                                                      ORDER Construing Claim Terms. Signed by Judge Robin L. Rosenberg on 1/23/2017. (nkl)
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                                                                                                                                        Legal Document (Payment Possibly Required) 74 Filed: 1/3/2017, Entered: 1/4/2017 Scheduling OrderCourt Filing
                                                                                                                                        ORDER Amending Pretrial Schedule: Discovery due by 4/24/2017. Expert Discovery due by 4/24/2017. Proposed Jury Instructions Deadline 8/14/2017. Mediation Deadline 6/22/2017. In Limine Motions due by 5/23/2017. Pretrial Motions due by 5/23/2017. Joint Pretrial Stipulation due by 7/21/2017. Signed by Judge Robin L. Rosenberg on 1/3/2017. (tpl) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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                                                                                                                                          Legal Document (Payment Possibly Required) 73 Filed: 12/5/2016, Entered: 12/6/2016 Scheduling OrderCourt Filing
                                                                                                                                          ORDER Resetting Trial and Amending Pretrial Schedule: ( Status Conference set for 6/7/2017 before Judge Robin L. Rosenberg., Trial set for 8/21/2017 before Judge Robin L. Rosenberg., Calendar Call set for 8/16/2017 before Judge Robin L. Rosenberg., Discovery due by 3/17/2017., Expert Discovery due by 3/17/2017., Mediation Deadline 6/21/2017., In Limine Motions due by 4/14/2017., Pretrial Motions due by 4/14/2017., Joint Pretrial Stipulation due by 6/30/2017.), Signed by Judge Robin L. Rosenberg on 12/5/2016. (tpl) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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                                                                                                                                            Blank 72 Filed: 12/2/2016, Entered: 12/2/2016 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
                                                                                                                                            Clerks Notice to Filer re [71] Joint MOTION to Reset Pretrial Schedule and Trial Date . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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                                                                                                                                              Legal Document (Payment Possibly Required) 71 Filed: 12/1/2016, Entered: 12/1/2016, Terminated: 12/5/2016 Motion to Continue
                                                                                                                                              Joint Motion to Continue/Reset Pretrial Schedule and Trial Date by Edward L. Blendermann. (Attachments: # (1) Affidavit of Robert A. Klinck, # (2) Affidavit of Michael Murphy, # (3) Text of Proposed Order)(Martin, Joshua) Modified Relief on 12/2/2016 (ls).
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                                                                                                                                                Blank 70 Filed: 11/28/2016, Entered: 11/28/2016 order on motion for miscellaneous reliefCourt Filing
                                                                                                                                                PAPERLESS ORDER denying [69] Motion to Continue as the Motion does not comply with the affidavit requirement of Local Rule 7.6. Signed by Judge Robin L. Rosenberg on 11/28/2016. (bkd)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 69 Filed: 11/23/2016, Entered: 11/23/2016, Terminated: 11/28/2016 motion for miscellaneous relief
                                                                                                                                                  Joint MOTION to Reset Pretrial Schedule and Trial Date by LifeWave, Inc.. (Attachments: # (1) Exhibit Proposed Order)(Oria, Irene)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 68 Filed: 11/1/2016, Entered: 11/1/2016 transcriptCourt Filing
                                                                                                                                                    TRANSCRIPT of Proceedings held on 10/25/16 before Judge Robin L. Rosenberg, 1-122 pages, Court Reporter: Jill Ann Sheridan, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 2/2/2017. (Attachments: # (1) Designation Access Form)(hh)
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                                                                                                                                                      Blank 67 Filed: 10/25/2016, Entered: 10/25/2016 OrderCourt Filing
                                                                                                                                                      PAPERLESS ORDER following hearing held October 25, 2016. No later than 5:00 p.m. on Tuesday, November 1, 2016, each party shall submit a proposed order setting forth its proposed claim constructions and the arguments supporting those constructions. Each party shall limit its proposed order to a maximum of ten (10) pages and shall submit its proposed order in Word format by email to rosenberg@flsd.uscourts.gov. Signed by Judge Robin L. Rosenberg on 10/25/2016. (nkl)
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                                                                                                                                                        Blank 66 Filed: 10/25/2016, Entered: 10/25/2016 Motion HearingCourt Filing
                                                                                                                                                        Paperless Minute Entry for proceedings held before Judge Robin L. Rosenberg: Motion Hearing held on 10/25/2016 re [17] MOTION Plaintiff's Motion for Claim Construction and Memorandum of Law in Support by Edward L. Blendermann. Court Reporter: Other: Jill Sheridan 305-523-5635 (lw1)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 65 Filed: 10/19/2016, Entered: 10/19/2016 Response/Reply (Other)
                                                                                                                                                          RESPONSE to [61] Memorandum , Defendant's Supplemental Claim Construction Brief by Edward L. Blendermann. (Attachments: # (1) Exhibit 1, Patent Owner's Preliminary Response dated February 2, 2016, # (2) Exhibit 2, Patent Owner's Preliminary Response to Second IPR dated June 8, 2016, # (3) Exhibit 3, Decision Denying Institution dated April 26, 2016, # (4) Exhibit 4, Order Denying Inter Partes Review dated September 7, 2016, # (5) Exhibit 5, Plaintiff's First Request for Production to LifeWave dated September 29, 2015, # (6) Exhibit 6, Plaintiff's First Set of Interrogatories to LifeWave, # (7) Exhibit 7, LifeWave's Objections and Responses to Plaintiff's First Set of Interrogatories dated November 2, 2015, # (8) Exhibit 8, LifeWave's First Supplemental Responses to Plaintiff's Interrogatories dated September 30, 2016, # (9) Exhibit 9, R. Klinck E-mail to B. Esplin dated March 11, 2015, # (10) Exhibit 10, Plaintiff's Response to Interrogatories dated November 9, 2015)(Martin, Joshua)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 64 Filed: 10/11/2016, Entered: 10/11/2016 Scheduling OrderCourt Filing
                                                                                                                                                            SCHEDULING ORDER: ( Discovery due by 2/3/2017., Expert Discovery due by 2/3/2017., Fact Discovery due by 11/18/2016., In Limine Motions due by 2/28/2017., Motions due by 2/28/2017., Pretrial Stipulation due by 5/1/2017.), and ORDER REFERRING CASE to Mediation. Mediation Deadline 3/31/2017. Signed by Judge Robin L. Rosenberg on 10/11/2016. (ls) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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                                                                                                                                                              Legal Document (Payment Possibly Required) 63 Filed: 10/6/2016, Entered: 10/6/2016 SCHEDULING REPORT - Rule 26(f)/16.1
                                                                                                                                                              Joint SCHEDULING REPORT - Rule 16.1 by Edward L. Blendermann (Attachments: # (1) Text of Proposed Order Scheduling Order)(Martin, Joshua)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 62 Filed: 10/5/2016, Entered: 10/5/2016 Affidavit
                                                                                                                                                                AFFIDAVIT in Support re [61] Memorandum / Second Supplemental Declaration of Michael Murphy in Support of Defendant's Claim Construction Briefing by LifeWave, Inc.. (Attachments: # (1) Exhibit Exhibit 8 - Patent Owner Preliminary Response Paper No. 10, # (2) Exhibit Exhibit 9 - Decision - Paper No. 11, # (3) Exhibit Exhibit 10 - Patent Owner Preliminary Response Paper No. 6, # (4) Exhibit Exhibit 11 - Decision - Paper No. 7, # (5) Exhibit Exhibit 12 - Definition of mechanoreceptor, # (6) Exhibit Exhibit 13 - Definition 2 of mechanoreceptor, # (7) Exhibit Exhibit 14 - Definition 3 of mechanoreceptor, # (8) Exhibit Exhibit 15 - The Physiology Coloring Book, # (9) Exhibit Exhibit 16 - Review of Medical Physiology, # (10) Exhibit Exhibit 17 - Biochemistry)(Oria, Irene)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 61 Filed: 10/5/2016, Entered: 10/5/2016 MEMORANDUM
                                                                                                                                                                  MEMORANDUM of Law / Supplemental Claim Construction Brief by LifeWave, Inc.. (Oria, Irene)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 60 Filed: 9/22/2016, Entered: 9/22/2016 Scheduling OrderCourt Filing
                                                                                                                                                                    SCHEDULING ORDER: ( Status Conference set for 4/26/2017 09:30 AM before Judge Robin L. Rosenberg., Jury Trial set for 5/30/2017 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 5/24/2017 09:00 AM before Judge Robin L. Rosenberg., In Limine Motions due by 2/28/2016., Dispositive Motions due by 2/28/2016., Motions due by 2/28/2016.), and ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr. for Discovery Matters. Signed by Judge Robin L. Rosenberg on 9/22/2016. (ls) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 59 Filed: 9/22/2016, Entered: 9/22/2016 Notice - other
                                                                                                                                                                      NOTICE by LifeWave, Inc. of Availability for Trial (Oria, Irene) Modified Text on 9/23/2016 (ls).
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                                                                                                                                                                        Blank 58 Filed: 9/21/2016, Entered: 9/21/2016 Order Setting Hearing on MotionCourt Filing
                                                                                                                                                                        PAPERLESS ORDER following the Status Conference held September 21, 2016. No later than 12:00 p.m. (noon) tomorrow, September 22, 2016, Defendant shall file written notice of availability for trial during the two-week period beginning May 29, 2017. Defendant shall file supplemental briefing on [17] Plaintiff's Motion for Claim Construction no later than October 5, 2016. Plaintiff shall file a response to Defendant's supplemental briefing no later than October 19, 2016. It is further ORDERED that Plaintiff's [17] Motion for Claim Construction is set for hearing on 10/25/2016 at 01:30 PM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 9/21/2016. (nkl)
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                                                                                                                                                                          Blank 57 Filed: 9/21/2016, Entered: 9/21/2016 Status ConferenceCourt Filing
                                                                                                                                                                          Paperless Minute Entry for proceedings held before Judge Robin L. Rosenberg: Telephonic Status Conference held on 9/21/2016. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov (lw1)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 56 Filed: 9/16/2016, Entered: 9/16/2016 Notice - other
                                                                                                                                                                            NOTICE by LifeWave, Inc. of Telephonic Appearance of Defendant's Counsel at Telephonic Case Status Conference (Oria, Irene)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 55 Filed: 9/16/2016, Entered: 9/16/2016 Notice - other
                                                                                                                                                                              NOTICE by Edward L. Blendermann of Telephonic Appearance of Plaintiff's Counsel at the Case Status Conference (Martin, Joshua)
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                                                                                                                                                                                Blank 54 Filed: 9/16/2016, Entered: 9/16/2016 order on motion for miscellaneous reliefCourt Filing
                                                                                                                                                                                PAPERLESS ORDER granting [53] Joint Motion to Allow Counsel for Plaintiff and Defendant to Appear Telephonically at the Case Status Conference. Counsel may appear telephonically at the Status Conference set for 9/21/2016 at 01:30 PM, but must file a notice of telephonic appearance at least one (1) day prior to the hearing. Instructions for appearing by telephone are as follows: Please call five (5) minutes prior to the hearing. 1. Toll-Free Number: 1 (877) 873-8018; 2. Access Code: 9890482; 3. Security Code: 4008. Signed by Judge Robin L. Rosenberg on 9/16/2016. (nkl)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 53 Filed: 9/16/2016, Entered: 9/16/2016, Terminated: 9/16/2016 motion for miscellaneous relief
                                                                                                                                                                                  Joint MOTION to Allow Counsel for Plaintiff and Defendant to Appear Telephonically at the Case Status Conference by Edward L. Blendermann. (Attachments: # (1) Text of Proposed Order)(Martin, Joshua) Modified Text on 9/16/2016 (ls).
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                                                                                                                                                                                    Blank 52 Filed: 9/14/2016, Entered: 9/14/2016 order on motion for miscellaneous reliefCourt Filing
                                                                                                                                                                                    PAPERLESS ORDER granting [51] Joint Motion to Lift Stay and setting Status Conference. The Clerk of Court is directed to RE-OPEN THIS CASE. Status Conference set for 9/21/2016 at 01:30 PM in Fort Pierce Division before Judge Robin L. Rosenberg. The Court will address deadlines, trial date, and other scheduling matters during the Status Conference. Signed by Judge Robin L. Rosenberg on 9/14/2016. (nkl)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 51 Filed: 9/14/2016, Entered: 9/14/2016, Terminated: 9/14/2016 motion for miscellaneous relief
                                                                                                                                                                                      Joint MOTION to Lift Stay re [50] Order on Motion to Continue by Edward L. Blendermann. (Martin, Joshua)
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                                                                                                                                                                                        Blank  Case Reopened
                                                                                                                                                                                        Case Reopened. See DE 52. (nkl)
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                                                                                                                                                                                          Blank 50 Filed: 8/17/2016, Entered: 8/17/2016 Order on Motion to continueCourt Filing
                                                                                                                                                                                          PAPERLESS ORDER granting [46] Motion to Continue. This action is STAYED pending resolution ofLifeWave's petition for inter partes review. Signed by Judge Robin L. Rosenberg on 8/17/2016. (bkd)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 49 Filed: 7/15/2016, Entered: 7/15/2016 Reply to Response to motion
                                                                                                                                                                                            REPLY to Response to Motion re [46] MOTION to Continue Stay Pending Resolution of Defendant's Petition for Inter Partes Review filed by LifeWave, Inc.. (Oria, Irene)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 48 Filed: 7/1/2016, Entered: 7/1/2016 response in opposition to motion
                                                                                                                                                                                              RESPONSE in Opposition re [46] MOTION to Continue Stay Pending Resolution of Defendant's Petition for Inter Partes Review filed by Edward L. Blendermann. Replies due by 7/11/2016. (Attachments: # (1) Exhibit 1, Decision Denying Institution, # (2) Exhibit 2, Second Preliminary Response, # (3) Exhibit 3, Second IPR Petition, # (4) Exhibit 4, CTP Innovations, LLC v. Solo Printing, # (5) Exhibit 5, First IPR Petition, # (6) Exhibit 6, First Preliminary Response, # (7) Exhibit 7, Cequent Performance Products, Inc. v. Hopkins Manufacturing Corporation)(Martin, Joshua)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 47 Filed: 6/17/2016, Entered: 6/17/2016 Affidavit
                                                                                                                                                                                                AFFIDAVIT signed by : Michael Murphy. re [46] MOTION to Continue Stay Pending Resolution of Defendant's Petition for Inter Partes Review by LifeWave, Inc. (Attachments: # (1) Exhibit Order Granting Motion to Stay dated July 17, 2014, # (2) Exhibit Order Granting Motion to Stay dated May 11, 2015)(Oria, Irene)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 46 Filed: 6/17/2016, Entered: 6/17/2016, Terminated: 8/17/2016 Motion to Continue
                                                                                                                                                                                                  MOTION to Continue Stay Pending Resolution of Defendant's Petition for Inter Partes Review by LifeWave, Inc.. Responses due by 7/5/2016 (Attachments: # (1) Text of Proposed Order Proposed Order Granting Defendant's Motion to Continue Stay Litigation Pending Resolution of Defendant's Petition for Inter Partes Review)(Oria, Irene)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 45 Filed: 6/1/2016, Entered: 6/2/2016 order on motion for miscellaneous reliefCourt Filing
                                                                                                                                                                                                    ORDER granting [44] Motion to Set Briefing Schedule Regarding Whether to Continue to Stay the Litigation. (Defendant's Opening Brief to Continue the Stay due by 6/17/2016. Plaintiff's Opposition to Defendant's Motion to Stay due by 7/1/2016. Defendant's Reply in Support of its Motion to Stay due by 7/15/2016). Signed by Judge Robin L. Rosenberg on 6/1/2016. (mc)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 44 Filed: 5/31/2016, Entered: 5/31/2016, Terminated: 6/1/2016 motion for miscellaneous relief
                                                                                                                                                                                                      Joint MOTION to Set Briefing Schedule regarding whether to Continue to Stay the Litigation and Joint NOTICE regarding Decision by Patent Trial and Appeals Board regarding Lifewave, Inc.'s Petition for Inter Partes Review by Edward L. Blendermann. (Attachments: # (1) Text of Proposed Order)(Martin, Joshua) Modified Text on 6/1/2016 (ls).
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 43 Filed: 2/2/2016, Entered: 2/4/2016 Form AO 120/121
                                                                                                                                                                                                        FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # (1) Order) (srd)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 42 Filed: 2/2/2016, Entered: 2/3/2016 Order on Motion to stayCourt Filing
                                                                                                                                                                                                          ORDER GRANTING DEFENDANTS MOTION TO STAY :ORDER granting [24] Motion to Stay( Joint Notice no later than 6/1/2016.). Closing Case. Motions Terminated: [17] Motion for Miscellaneous Relief filed by Edward L. Blendermann, [24] Defendant's MOTION to Stay Pending Resolution of Defendant's Petition for Inter Partes Review filed by LifeWave, Inc.. Signed by Judge Robin L. Rosenberg on 2/2/2016. (srd) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 42 Filed: 2/2/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                            ORDER GRANTING DEFENDANTS MOTION TO STAY :ORDER granting 24 Motion to Stay( Joint Notice no later than 6/1/2016.). Closing Case. Motions Terminated: 17 Motion for Miscellaneous Relief filed by Edward L. Blendermann, 24 Defendant's MOTION to Stay Pending Resolution of Defendant's Petition for Inter Partes Review filed by LifeWave, Inc.. Signed by Judge Robin L. Rosenberg on 2/2/2016. (srd) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 02/03/2016)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 41 Filed: 1/5/2016, Entered: 1/6/2016 protective orderCourt Filing
                                                                                                                                                                                                              JOINT STIPULATED PROTECTIVE ORDER Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 1/5/2016. (srd)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 41 Filed: 1/5/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                JOINT STIPULATED PROTECTIVE ORDER Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 1/5/2016. (srd) (Entered: 01/06/2016)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 40 Filed: 1/5/2016, Entered: 1/6/2016 OrderCourt Filing
                                                                                                                                                                                                                  ORDER Granting THE PLAINTIFF'S NOTICE OF FILING PROPOSED JOINT STIPULATED PROTECTIVE ORDER DE [39] Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 1/5/2016. (srd)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 40 Filed: 1/5/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                    ORDER Granting THE PLAINTIFF'S NOTICE OF FILING PROPOSED JOINT STIPULATED PROTECTIVE ORDER DE 39 Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 1/5/2016. (srd) (Entered: 01/06/2016)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 39 Filed: 1/5/2016, Entered: 1/5/2016 Notice - other
                                                                                                                                                                                                                      NOTICE by Edward L. Blendermann of Filing Proposed Joint Stipulated Protective Order (Attachments: # (1) Text of Proposed Order Joint Stipulated Protective Order) (Martin, Joshua)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 38 Filed: 12/14/2015, Entered: 12/14/2015 Affidavit in Support of Motion
                                                                                                                                                                                                                        AFFIDAVIT in Support re [24] Defendant's MOTION to Stay Pending Resolution of Defendant's Petition for Inter Partes Review / Supplemental Declaration of Michael Murphy filed by LifeWave, Inc.. (Attachments: # (1) Exhibit 7 - Patent Trial and Appeal Board Statistics, # (2) Exhibit 8 - U.S. Patent and Trademark Office Action Summary, # (3) Exhibit 9 - Self-Sticking Magnetic Plastic Patch, # (4) Exhibit 10 - Appendix B Patent Rules)(Oria, Irene)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 37 Filed: 12/14/2015, Entered: 12/14/2015 Reply to Response to motion
                                                                                                                                                                                                                          REPLY to Response to Motion re [24] Defendant's MOTION to Stay Pending Resolution of Defendant's Petition for Inter Partes Review filed by LifeWave, Inc.. (Oria, Irene) Modified Text on 12/15/2015 (ls).
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 36 Filed: 12/2/2015, Entered: 12/2/2015 response in opposition to motion
                                                                                                                                                                                                                            RESPONSE in Opposition re [24] Defendant's MOTION to Stay Pending Resolution of Defendant's Petition for Inter Partes Review filed by Edward L. Blendermann. Replies due by 12/14/2015. (Attachments: # (1) Exhibit 1, July 29, 2015 Email to B. Esplin, # (2) Exhibit 2, Joint Proposed Scheduling Order, # (3) Exhibit 3, Plaintiff's Response to Requests for Production, # (4) Exhibit 4, Plaintiff's Response to Interrogatories, # (5) Exhibit 5, Plaintiff's Response to Request for Admission, # (6) Exhibit 6, October 28, 2015 Email from M. Murphy, # (7) Exhibit 7, October 29, 2015 Email to M. Murphy, # (8) Exhibit 8, Amulets Reference Covers, # (9) Exhibit 9, ContentGuard - txed-2-13-cv-01112-554, # (10) Exhibit 10, Eli Lilly - insd-1-14-cv-00389-329, # (11) Exhibit 11, Aquatic AV - cand-3-14-cv-01931-78, # (12) Exhibit 12, CTP Innov - flsd-1-14-cv-21499-38, # (13) Exhibit 13, Buoy Unlimited - flmd-6-15-cv-00296-34, # (14) Exhibit 14, Levine - wawd-2-14-cv-01991-65, # (15) Exhibit 15, 2015 IPOA White Paper, # (16) Exhibit 16, Zipshade - cacd-2-14-cv-05934-89, # (17) Exhibit 17, Declaration of Robert A. Klinck)(Martin, Joshua)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 35 Filed: 11/25/2015, Entered: 11/25/2015 Notice of Striking
                                                                                                                                                                                                                              NOTICE of Striking [31] Response/Reply (Other) filed by LifeWave, Inc. by LifeWave, Inc. (Oria, Irene)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 34 Filed: 11/25/2015, Entered: 11/25/2015 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
                                                                                                                                                                                                                                Clerks Notice to Filer re [31] Response/Reply (Other). Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (asl)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 33 Filed: 11/24/2015, Entered: 11/24/2015 Response/Reply (Other)
                                                                                                                                                                                                                                  RESPONSE/REPLY to [17] Motion for Miscellaneous Relief Plaintiff's Claim Construction Brief by LifeWave, Inc.. (Oria, Irene)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 32 Filed: 11/24/2015, Entered: 11/24/2015 Affidavit
                                                                                                                                                                                                                                    AFFIDAVIT signed by : Michael Murphy. re [31] Response/Reply (Other) / Supplemental Declaration of Michael Murphy in Support of Defendant's Responsive Claim Construction Brief by LifeWave, Inc. (Attachments: # (1) Exhibit 6 - Claims dated Feb. 15, 2006, # (2) Exhibit 7 - Claims dated April 1, 2013)(Oria, Irene)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 31 Filed: 11/24/2015, Entered: 11/24/2015 Response/Reply (Other)
                                                                                                                                                                                                                                      RESPONSE/REPLY to [17] Motion for Miscellaneous Relief Plaintiff's Claim Construction Brief by LifeWave, Inc.. (Oria, Irene)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 30 Filed: 11/24/2015, Entered: 11/24/2015 Response/Reply (Other)
                                                                                                                                                                                                                                        OPPOSITION to [18] Pretrial Memorandum Defendant LifeWave's Opening Claim Construction Brief by Edward L. Blendermann. (Attachments: # (1) Appendix B, Nutrient Crystal Chart, # (2) Exhibit 1, Dictionary Definitions, # (3) Exhibit 2, Walter Borchardt-Ott - Crystallography, # (4) Exhibit 3, William Hosford - Elementary Materials Science, # (5) Exhibit 4, Lesley Smart - Solid State Chemistry, # (6) Exhibit 5, Bradley Faulman - Materials Chemistry, # (7) Exhibit 6, LifeWave's Proposed Claim Constructions, # (8) Exhibit 7, GABA PubChem, # (9) Exhibit 8, L-Alanine PubChem, # (10) Exhibit 9, L-Taurine PubChem, # (11) Exhibit 10, L-Valine PubChem, # (12) Exhibit 11, Betaine PubChem, # (13) Exhibit 12, Algae - BetaCarotene, # (14) Exhibit 13, Echinacea - Caffeic Acid, # (15) Exhibit 14, Ginger - Calcium, # (16) Exhibit 15, DHEA PubChem, # (17) Exhibit 16, Melatonin PubChem, # (18) Exhibit 17, Pregnenolone PubChem, # (19) Exhibit 18, Beta-Carotene PubChem, # (20) Exhibit 19, Biotin PubChem, # (21) Exhibit 20, Folic Acid PubChem, # (22) Exhibit 21, Niacin PubChem, # (23) Exhibit 22, PABA PubChem, # (24) Exhibit 23, Vitamin A PubChem, # (25) Exhibit 24, Vitamin B1 PubChem, # (26) Exhibit 25, Vitamin B12 PubChem, # (27) Exhibit 26, Vitamin B2 PubChem, # (28) Exhibit 27, Vitamin B6 PubChem, # (29) Exhibit 28, Vitamin C PubChem, # (30) Exhibit 29, Vitamin D PubChem)(Martin, Joshua) Modified title text on 11/24/2015 (asl).
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 29 Filed: 11/18/2015, Entered: 11/18/2015 order on motion for miscellaneous reliefCourt Filing
                                                                                                                                                                                                                                          ORDER granting [28] Motion to Set Briefing Schedule. Signed by Judge Robin L. Rosenberg on 11/18/2015. (bkd)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 28 Filed: 11/17/2015, Entered: 11/17/2015, Terminated: 11/18/2015 motion for miscellaneous relief
                                                                                                                                                                                                                                            Joint MOTION to Set Briefing Schedule for Claim Construction Briefing and Briefing Regarding Defendant's Motion to Stay Litigation by LifeWave, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Oria, Irene)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 27 Filed: 11/17/2015, Entered: 11/17/2015 Order on Motion to appear pro hac viceCourt Filing
                                                                                                                                                                                                                                              ORDER granting [26] Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 11/17/2015. (ls)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 26 Filed: 11/16/2015, Entered: 11/17/2015 Motion to appear pro hac vice
                                                                                                                                                                                                                                                Unopposed MOTION for Limited Appearance of Michael Murphy, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Filing Fee $ 75.00. Receipt # 111654. (ksa)
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 26 Filed: 11/16/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                  Unopposed MOTION for Limited Appearance of Michael Murphy, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Filing Fee $ 75.00. Receipt # 111654. (ksa) (Entered: 11/17/2015)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 25 Filed: 11/13/2015, Entered: 11/13/2015 Affidavit in Support of Motion
                                                                                                                                                                                                                                                    AFFIDAVIT in Support re [24] Defendant's MOTION to Stay Pending Resolution of Defendant's Petition for Inter Partes Review / Declaration of Michael Murphy in Support of Defendant's Motion to Stay Pending Resolution of Defendant's Petition for Inter Partes Review filed by LifeWave, Inc.. (Attachments: # (1) Exhibit 1 - Order Granting a Motion to Stay - Intellectual Ventures, # (2) Exhibit 2 - Order Granting a Motion to Stay - Rothschild, # (3) Exhibit 3 - Plaintiff's Initial Disclosures, # (4) Exhibit 4 - Defendant's Petition Requesting Inter Partes Review, # (5) Exhibit 5 - Declaration of C. Norman Shealy, # (6) Exhibit 6 - U.S. Patent No. 8617590)(Oria, Irene)
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 24 Filed: 11/13/2015, Entered: 11/13/2015, Terminated: 2/2/2016 Motion To Stay
                                                                                                                                                                                                                                                      Defendant's MOTION to Stay Pending Resolution of Defendant's Petition for Inter Partes Review by LifeWave, Inc.. Responses due by 11/30/2015 (Attachments: # (1) Text of Proposed Order Proposed Order)(Oria, Irene)
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 23 Filed: 11/13/2015, Entered: 11/13/2015 Notice - other
                                                                                                                                                                                                                                                        NOTICE by LifeWave, Inc. of Motion and Motion to Stay Litigation Pending Resolution of Defendant's Petition for Inter Partes Review (Oria, Irene)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 22 Filed: 11/10/2015, Entered: 11/10/2015 Notice - other
                                                                                                                                                                                                                                                          NOTICE by LifeWave, Inc. re [18] Pretrial Memorandum of Errata regarding Defendant's Opening Claim Construction Brief (Oria, Irene)
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 21 Filed: 11/9/2015, Entered: 11/9/2015 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
                                                                                                                                                                                                                                                            Clerks Notice to Filer re [17] Pretrial Memorandum. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (asl)
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 20 Filed: 11/6/2015, Entered: 11/6/2015 Affidavit
                                                                                                                                                                                                                                                              AFFIDAVIT in Support re [18] Pretrial Memorandum / Declaration of C. Norman Shealy in Support of Defendant's Opening Claim Construction Brief by LifeWave, Inc.. (Attachments: # (1) Exhibit 1 - Curriculum Vitae of Shealy)(Oria, Irene)
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 19 Filed: 11/6/2015, Entered: 11/6/2015 Affidavit
                                                                                                                                                                                                                                                                AFFIDAVIT in Support re [18] Pretrial Memorandum / Declaration of Michael Murphy In Support of Defendant's Opening Claim Construction Brief by LifeWave, Inc.. (Attachments: # (1) Exhibit 1 - U.S. Patent No. 8617590 B2, # (2) Exhibit 2 - U.S. Patent No. 6024093, # (3) Exhibit 3 - U.S. Patent No. 6148822, # (4) Exhibit 4 - Plaintiff's Proposed Constructions, # (5) Exhibit 5 - Email from Klinck)(Oria, Irene)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 18 Filed: 11/6/2015, Entered: 11/6/2015 Pretrial Memorandum
                                                                                                                                                                                                                                                                  PRETRIAL MEMORANDUM Defendant's Opening Claim Construction Brief by LifeWave, Inc.. (Oria, Irene)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 11/6/2015, Entered: 11/6/2015, Terminated: 1/23/2017 motion for miscellaneous relief
                                                                                                                                                                                                                                                                    MOTION Plaintiff's Motion for Claim Construction and Memorandum of Law in Support by Edward L. Blendermann. (Attachments: # (1) Appendix A, Crystal Chart, # (2) Exhibit 1, '248 Provisional Application, # (3) Exhibit 2, '527 Application, # (4) Exhibit 3, '590 Patent, # (5) Exhibit 4, February 7, 2005 Non-Final Rejection, # (6) Exhibit 5, May 20, 2005 Amendments, # (7) Exhibit 6, August 10, 2007 Arguments, # (8) Exhibit 7, January 26, 2012 Letter to PTO, # (9) Exhibit 8, Dictionary Definitions, # (10) Exhibit 9, July 25, 2012 LW Final Rejection, # (11) Exhibit 10, September 25, 2012 LW Arguments, # (12) Exhibit 11, August 11, 2005 Final Rejection, # (13) Exhibit 12, February 15, 2006 Response After Final, # (14) Exhibit 13, Product Labels, # (15) Exhibit 14, Blue-Green Algae - L-Aspartic Acid, # (16) Exhibit 15, Vitamin A (Immuno Forte) PubChem, # (17) Exhibit 16, Vitamin C (Immuno Forte) PubChem, # (18) Exhibit 17, Bee Pollen - Calcium, # (19) Exhibit 18, Vitamin D3 (Ultrap III) PubChem, # (20) Exhibit 19, Thiamine (Ultrap III) PubChem, # (21) Exhibit 20, Riboflavin (Ultrap III) PubChem, # (22) Exhibit 21, Niacinamide (Ultrap III) PubChem, # (23) Exhibit 22, Vitamin B6 (Ultrap III) PubChem, # (24) Exhibit 23, Folate (Ultrap III) PubChem, # (25) Exhibit 24, Vitamin B12 (Ultrap III) PubChem, # (26) Exhibit 25, Biotin (Ultrap III) PubChem, # (27) Exhibit 26, Calcium (Calcium EDTA Complex) PubChem, # (28) Exhibit 27, Iodine (Ultrap III) PubChem, # (29) Exhibit 28, Magnesium (Ultrap III) PubChem, # (30) Exhibit 29, Zinc (Ultrap III) PubChem, # (31) Exhibit 30, Selenium (Ultrap III) PubChem, # (32) Exhibit 31, Manganese (Ultrap III) PubChem, # (33) Exhibit 32, Chromium (Ultrap III) PubChem, # (34) Exhibit 33, Molybdenum (Ultrap III) PubChem, # (35) Exhibit 34, N-Acetyl-L-Cysteine (Ultrap III) PubChem, # (36) Exhibit 35, Betaine (Ultrap III) PubChem, # (37) Exhibit 36, Choline (Ultrap III) PubChem, # (38) Exhibit 37, PABA (Ultrap III) PubChem, # (39) Exhibit 38, Glutamic Acid (Ultrap III) PubChem, # (40) Exhibit 39, L-Methionine (Ultrap III) PubChem, # (41) Exhibit 40, Boron (Ultrap III) PubChem, # (42) Exhibit 41, Vanadium (Ultrap III) PubChem)(Martin, Joshua) Modified to convert document to a motion on 11/9/2015 (asl).
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 16 Filed: 10/21/2015, Entered: 10/21/2015 answer to counterclaim
                                                                                                                                                                                                                                                                      Plaintiff's ANSWER to Counterclaim by Edward L. Blendermann. (Martin, Joshua)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 15 Filed: 9/28/2015, Entered: 9/28/2015 Answer
                                                                                                                                                                                                                                                                        Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand to Plaintiff's Complaint and, COUNTERCLAIM against Edward L. Blendermann by LifeWave, Inc.. Attorney Irene Oria added to party LifeWave, Inc.(pty:dft). (Oria, Irene)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 14 Filed: 9/25/2015, Entered: 9/25/2015 Notice of Mediator Selection (Optional Hearing)
                                                                                                                                                                                                                                                                          NOTICE of Mediator Selection: Honorable James F. Davis (Former) selected. Filed/Added by Edward L. Blendermann. (Martin, Joshua)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 13 Filed: 9/11/2015, Entered: 9/11/2015 scheduling conferenceCourt Filing
                                                                                                                                                                                                                                                                            Minute Entry for proceedings held before Ch. Magistrate Judge Frank J. Lynch, Jr: Scheduling Conference held on 9/11/2015. Scheduling Conference held. Pretrial Scheduling Order to issue. (Digital 140444.) (cga)
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                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 12 Filed: 9/11/2015, Entered: 9/11/2015 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                              ORDER Setting Pre-Trial Schedule: ( Amended Pleadings due by 10/9/2015., Discovery due by 6/3/2016., Fact Discovery due by 3/25/2016., Joinder of Parties due by 10/9/2015., In Limine Motions due by 8/5/2016., Dispositive Motions due by 7/8/2016.), and ORDER REFERRING CASE to Mediation. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 9/11/2015. (ls)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 11 Filed: 9/9/2015, Entered: 9/9/2015 SCHEDULING REPORT - Rule 26(f)/16.1
                                                                                                                                                                                                                                                                                SCHEDULING REPORT - Rule 16.1 by Edward L. Blendermann (Attachments: # (1) Text of Proposed Order Scheduling Order)(Martin, Joshua)
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 10 Filed: 8/25/2015, Entered: 8/25/2015 Order on Motion to appear pro hac viceCourt Filing
                                                                                                                                                                                                                                                                                  ORDER granting [9] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 8/25/2015. (ls)
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 9 Filed: 8/21/2015, Entered: 8/24/2015 Motion to appear pro hac vice
                                                                                                                                                                                                                                                                                    MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert A. Klinck. Filing Fee $ 75.00. Receipt # 950. (ksa)
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                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 8/21/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                      MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert A. Klinck. Filing Fee $ 75.00. Receipt # 950. (ksa) (Entered: 08/24/2015)
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                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 8/14/2015, Entered: 8/14/2015 Notice - other
                                                                                                                                                                                                                                                                                        NOTICE by Edward L. Blendermann Regarding Service of August 5, 2015 Order on Defendant (Martin, Joshua)
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                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 7 Filed: 8/5/2015, Entered: 8/5/2015 OrderCourt Filing
                                                                                                                                                                                                                                                                                          ORDER Setting Telephonic Scheduling Conference, ( Telephone Conference set for 9/11/2015 02:00 PM before Ch. Magistrate Judge Frank J. Lynch Jr..), and Order Requiring Joint Scheduling Report (-Joint Scheduling Report due by 9/9/2015). Signed by Ch. Magistrate Judge Frank J. Lynch, Jr. on 8/5/2015. (ls)
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 8/3/2015, Entered: 8/4/2015 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                            SCHEDULING ORDER: ( Jury Trial set for 10/11/2016 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 10/5/2016 09:00 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr. for Scheduling Matters and Pretrial Discovery Matters. Signed by Judge Robin L. Rosenberg on 8/3/2015. (ls)
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 6 Filed: 8/3/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                              SCHEDULING ORDER: ( Jury Trial set for 10/11/2016 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 10/5/2016 09:00 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr. for Scheduling Matters and Pretrial Discovery Matters. Signed by Judge Robin L. Rosenberg on 8/3/2015. (ls) (Entered: 08/04/2015)
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 5 Filed: 7/30/2015, Entered: 7/30/2015 Summons issued
                                                                                                                                                                                                                                                                                                Summons Issued as to LifeWave, Inc.. (srd)
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 7/29/2015, Entered: 7/29/2015 Form AO 120/121
                                                                                                                                                                                                                                                                                                  FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (srd)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 7/29/2015, Entered: 7/29/2015 Clerk's Notice of Consent to Proceed Before Magistrate JudgeCourt Filing
                                                                                                                                                                                                                                                                                                    Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Frank J. Lynch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (srd)
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                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 2 Filed: 7/29/2015, Entered: 7/29/2015 Judge AssignmentCourt Filing
                                                                                                                                                                                                                                                                                                      Judge Assignment to Judge Robin L. Rosenberg and Ch. Magistrate Judge Frank J. Lynch, Jr (srd)
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 7/29/2015, Entered: 7/29/2015 Complaint
                                                                                                                                                                                                                                                                                                        COMPLAINT against LifeWave, Inc.. Filing fees $ 400.00 receipt number 113C-7951957, filed by Edward L. Blendermann. (Attachments: # (1) Civil Cover Sheet, # (2) Summon(s) LifeWave, Inc., # (3) Exhibit A, U.S. Patent No. 8,617,590)(Martin, Joshua)
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