ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 7/11/2014; For good cause shown, the parties' request to maintain the stay of this case until thirty (30) days following the filing of the Status Report is GRANTED. This matter is hereby STAYED for an additional 30 days, to and including August 8, 2014. At the conclusion of this period, if the parties' disputes have not been resolved, the parties shall file a joint status report indicating their progress. (Sheets, Jamie) (Entered: 07/11/2014)
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 1/13/2014, that all claims, counterclaims, defenses and rights that ITI had, has or may have in this or any other action against KCI, regardless of jurisdiction, including without limitation ITI's counterclaims, defenses and claims for damages, attorneys' fees, and costs, are DISMISSED WITH PREJUDICE, and ITI and KCI shall bear and pay their own costs, expenses, and attorneys' fees. This judgment finally disposes of all claims and demands asserted by and between KCI and ITI in this litigation. Except as expressly stated herein, nothing in this Order is intended to in any way affect, waive, dismiss, moot or otherwise impact the rights retained by ITI against Wake Forest or the rights retained by Wake Forest University Health Sciences against ITI and KCI under this courts August 30, 2013 Order of Dismissal (Doc. 111 ). (Butler, Carol). (Entered: 01/13/2014)
Joint MOTION to Dismiss With Prejudice of Plaintiffs/Counterclaim Defendants Kinetic Concepts, Inc. KCI Licensing, KCI USA, Inc., KCI Medical Resources, Medical Holdings Limited and KCI Manufacturing & Defendant/Counterclaim Plaintiff Innovative Therapies, Inc. by INNOVATIVE THERAPIES, INC.. (Attachments: # 1 Text of Proposed Order)(BILLER, ANTHONY) (Entered: 11/27/2013)
ORDER OF DISMISSAL signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 8/30/2013, that the claims and demands of Plaintiffs Kinetic Concepts, Inc., KCI Licensing, Inc., KCI USA, Inc., KCI Medical Resources, Medical Holdings Limited, and KCI Manufacturing, herein asserted against Defendant Innovative Therapies, Inc. ("ITI"), be and the same hereby are DISMISSED with prejudice, that KCI shall bear and pay its own costs and expenses, and that ITI shall retain all rights to seek an award of its costs and expenses incurred in connection with ITI's defense of this action, and to assert claims for damages relating to KCI's claims in this litigation. Except as expressly stated herein, nothing in this Order is intended to in any way affect, waive, dismiss, moot or otherwise impact any claim, counterclaim, defense or right that any party to this action had, has or may have in this or any other action, regardless of jurisdiction, including without limitation Plaintiff Wake Forest University Health Sciences' claims against ITI and KCI, and ITI's counterclaims, defenses and requests for relief against KCI and Wake Forest University Health Sciences. (Lloyd, Donna) (Entered: 08/30/2013)
STIPULATION of Dismissal of party Defendant Innovative Therapies, Inc. by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED. (Attachments: # 1 Text of Proposed Order)(LEWIS, ANTONIO) (Entered: 08/16/2013)
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 8/12/2013, that at the suggestion of the parties in their Joint Status Report (Doc. 108 ) and for good cause shown, this matter is hereby STAYED. This stay shall be in effect to and including May 1, 2014, to allow resolution of the litigation captioned 5:11CV1163 pending between co-plaintiffs Wake Forest and KCI in the United States District Court for the Western District of Texas. If a stipulation of dismissal has not been filed as of May 1, 2014, the parties shall file a joint status report indicating their respective positions as to whether the stay should be extended. (Lloyd, Donna) (Entered: 08/12/2013)
Joint STATUS REPORT by INNOVATIVE THERAPIES, INC. (BILLER, ANTHONY) Modified on 8/2/2013 to remove duplicate text. (Lloyd, Donna) (Entered: 08/01/2013)
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 6/25/2013, that the motion to withdraw (Doc. 104 ) is GRANTED and that Paul A. Bondor and the law firm of Desmarais LLP, are withdrawn from representation of Kinetic Concepts, Inc., KCI Licensing, Inc., KCI USA, Inc., KCI Medical Resources, Medical Holdings Limited, and KCI Manufacturing in this case. Attorney PAUL A. BONDOR terminated. (Lloyd, Donna) (Entered: 06/25/2013)
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 6/25/2013, that the motion to withdraw (Doc. 10 2) is GRANTED and that Joseph C. Akalski and the law firm of Desmarais LLP, are withdrawn from representation of Kinetic Concepts, Inc., KCI Licensing, Inc., KCI USA, Inc., KCI Medical Resources, Medical Holdings Limited, and KCI Manufacturing in this case. Attorney JOSEPH C. AKALSKI terminated. (Lloyd, Donna) (Entered: 06/25/2013)
MEMORANDUM IN SUPPORT OF 104 MOTION to Withdraw as Attorney PAUL A. BONDOR filed by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED. (BONDOR, PAUL) Modified on 6/19/2013 to edit text and remove reply deadline. Reply deadline has been terminated. (Lloyd, Donna) (Entered: 06/19/2013)
UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by PAUL A. BONDOR on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (Attachments: # 1 Text of Proposed Order) (BONDOR, PAUL) Modified on 6/19/2013 to edit text. (Lloyd, Donna) (Entered: 06/19/2013)
MEMORANDUM IN SUPPORT OF 102 MOTION TO WITHDRAW REPRESENTATION by JOSEPH C. AKALSKI by KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (AKALSKI, JOSEPH) Modified on 6/20/2013 to add text and remove duplicate text. (Lloyd, Donna) (Entered: 06/19/2013)
UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by JOSEPH C. AKALSKI on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (Attachments: # 1 Text of Proposed Order) (AKALSKI, JOSEPH) Modified on 6/19/2013 to edit text. (Lloyd, Donna) (Entered: 06/19/2013)
*** FILED IN ERROR *** MEMORANDUM IN SUPPORT OF 100 COUNSEL'S UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by PAUL A. BONDOR filed by KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (BONDOR, PAUL) Modified on 6/18/2013 to edit text. (Lloyd, Donna) Modified on 6/19/2013 - Document was deficient and refiled as pleading 105 . Public access has been terminated. (Lloyd, Donna) (Entered: 06/17/2013)
*** FILED IN ERROR *** COUNSEL'S UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by PAUL A. BONDOR on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (Attachments: # 1 Text of Proposed Order) (BONDOR, PAUL) Modified on 6/18/2013 to edit text. (Lloyd, Donna) Modified on 6/19/2013 - Document was deficient and refiled as pleading 104 . Public access has been terminated. (Lloyd, Donna) (Entered: 06/17/2013)
*** FILED IN ERROR *** MEMORANDUM IN SUPPORT OF 98 COUNSEL'S UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by JOSEPH C. AKALSKI filed by KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC. MEDICAL HOLDINGS LIMITED. (Attachments: # 1 Text of Proposed Order) (AKALSKI, JOSEPH) Modified on 6/18/2013 to edit text. (Lloyd, Donna) Modified on 6/19/2013 - Document was deficient and refiled as pleading 103 . Public access has been terminated. (Lloyd, Donna) (Entered: 06/17/2013)
*** FILED IN ERROR *** COUNSEL'S UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by JOSEPH C. AKALSKI on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (AKALSKI, JOSEPH) Modified on 6/18/2013 to edit text. (Lloyd, Donna) Modified on 6/19/2013 - Document was deficient and refiled as pleading 102 . Public access has been terminated. (Lloyd, Donna) (Entered: 06/17/2013)
ORDER GRANTING COUNSEL'S UNOPPOSED MOTION TO WITHDRAW REPRESENTATION signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 01/24/2013, that the motion to withdraw (Doc. 92 ) is GRANTED and that R. Laurence Macon, Melanie G. Cowart, Karen Kroesche Gulde, Kirt S. ONeill, and the law firm of Akin Gump Strauss Hauer & Feld, L.L.P., are withdrawn from representation of all Plaintiffs in this case. This order is issued without prejudice to this court's consideration of any further issues that may be addressed regarding costs or attorneys fees as to counsel, and this court retains jurisdiction over withdrawing counsel as may be necessary for those or related purposes. (Taylor, Abby) (Entered: 01/24/2013)
Transcript of Proceedings held on 01/03/2013, before Judge William L. Osteen, Jr.. Court Reporte J. Armstrong, Telephone number 336-332-6034. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. Associated Cases: 1:08-cv-00032-WO-LPA, 1:08-cv-00918-WO-LPA(Armstrong, Joe) (Entered: 01/07/2013)
NOTICE of Appearance by attorney ANTONIO E. LEWIS on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (LEWIS, ANTONIO) Modified on 1/3/2013 to remove duplicate text. (Lloyd, Donna) (Entered: 01/03/2013)
NOTICE of Appearance by attorney PAUL A. BONDOR on behalf KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (BONDOR, PAUL) Modified on 1/3/2013 to remove duplicate text. (Lloyd, Donna) (Entered: 01/03/2013)
MEMORANDUM IN SUPPORT OF 92 UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by Attorney MELANIE G. COWART on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED; WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Exhibit 1) (COWART, MELANIE) Modified on 1/3/2013 to edit text. (Lloyd, Donna) (Entered: 01/02/2013)
UNOPPOSED MOTION TO WITHDRAW REPRESENTATION by Attorney MELANIE G. COWART on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED; WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Text of Proposed Order) (COWART, MELANIE) Modified on 1/3/2013 to edit text. (Lloyd, Donna) (Entered: 01/02/2013)
RESPONSE TO PLAINTIFF'S 86 "ADVISORY IN ADVANCE OF JANUARY 3, 2013 STATUS CONFERENCE filed by INNOVATIVE THERAPIES, INC." (Attachments: # 1 Exhibit 1 - February 2011 Letter from Cathy Burzik) (BILLER, ANTHONY) Modified on 1/4/2013 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 01/02/2013)
*** FILED IN ERROR *** NOTICE of Appearance by attorney PAUL A. BONDOR on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (BONDOR, PAUL) Modified on 1/3/2013 to remove duplicate text. See Pldg. 94 for correct filing. (Lloyd, Donna) (Entered: 12/31/2012)
NOTICE of Appearance by attorney JOSEPH C. AKALSKI on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (AKALSKI, JOSEPH) Modified on 1/2/2013 to remove duplicate text. (Lloyd, Donna) (Entered: 12/31/2012)
*** FILED IN ERROR *** NOTICE of Appearance by attorney ANTONIO E. LEWIS on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (LEWIS, ANTONIO) Modified on 1/3/2013 to remove duplicate text. See Pldg. 95 for correct filing. (Lloyd, Donna) (Entered: 12/31/2012)
NOTICE of Appearance by attorney TIMOTHY G. BARBER on behalf of KCI LICENSING, INC.; KCI MANUFACTURING; KCI MEDICAL RESOURCES; KCI USA, INC.; KINETIC CONCEPTS, INC.; MEDICAL HOLDINGS LIMITED. (BARBER, TIMOTHY) Modified on 1/2/2013 to remove duplicate text. (Lloyd, Donna) (Entered: 12/31/2012)
NOTICE entitled "ADVISORY OF WAKE FOREST UNIVERSITY HEALTH SCIENCES IN ADVANCE OF JANUARY 3, 2013 STATUS CONFERENCE" filed by WAKE FOREST UNIVERSITY HEALTH SCIENCES. (PINYAN, CLINTON) Modified on 12/31/2012 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 12/28/2012)
NOTICE of Hearing: Status Conference set for 1/3/2013 02:00 PM in Greensboro Courtroom #3 before CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) (Entered: 12/12/2012)
NOTICE OF STATUS OF FEDERAL CIRCUIT ACTION by WAKE FOREST UNIVERSITY HEALTH SCIENCES. (PINYAN, CLINTON) Modified on 11/30/2012 to edit text. (Lloyd, Donna) (Entered: 11/29/2012)
NOTICE of Appearance by attorney MATTHEW D. POWERS on behalf of WAKE FOREST UNIVERSITY HEALTH SCIENCES. Associated Cases: 1:08-cv-00918-WO-LPA, 1:08-cv-00032-WO-LPA(POWERS, MATTHEW) Modified on 11/15/2012 to remove duplicate text. (Lloyd, Donna) (Entered: 11/13/2012)
NOTICE of Appearance by attorney MATTHEW D. POWERS on behalf of WAKE FOREST UNIVERSITY HEALTH SCIENCES. (POWERS, MATTHEW) Modified on 11/15/2012 to remove duplicate text. (Lloyd, Donna) (Entered: 11/13/2012)
NOTICE of Entry of Special Appearance of Matthew D. Powers, Monica M. Eno, Paul T. Ehrlich and Stefani C. Smith by WAKE FOREST UNIVERSITY HEALTH SCIENCES. (PINYAN, CLINTON) Modified on 11/8/2012 to accurately reflect document title. (Lloyd, Donna) (Entered: 11/08/2012)
NOTICE OF FEDERAL CIRCUIT DECISION by WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Exhibit - Federal Circuit Decision) (PINYAN, CLINTON) (Entered: 09/04/2012)
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 9/14/11, that the three pending motions in this case, Pldg. # 55 Motion to Seal; # 63 Motion to Seal; and # 65 Motion for Leave, be administratively closed with the understanding that the motions can be renewed for consideration when the case is no longer stayed. (Law, Trina) (Entered: 09/14/2011)
ORDER that the Motion to Withdraw as Counsel (Docket Entry 77 ) is GRANTED, and Jennifer H. Wu and Erin Wiggins, who were formerly of the law firm of Weil, Gotshal & Manges LLP, are permitted to withdraw their appearances as counsel for Wake Forest University Health Sciences Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, James T. Williams,Jr. and Clinton R. Pinyan will remain as counsel for Wake Forest University Health Sciences. Signed by MAG/JUDGE L. PATRICK AULD on 7/29/11. (Lapira, Sharon) (Entered: 07/29/2011)
Consent MOTION to Withdraw as Attorney CLINTON R. PINYAN filed for Jennifer H. Wu and Erin Wiggins by on behalf of WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Text of Proposed Order)(PINYAN, CLINTON) (Entered: 07/28/2011)
NOTICE of PLAINTIFFS' ADVISORY TO THE COURT RE KCI MEDICAL RESOURCES re 74 Order by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (MACON, R.) (Entered: 05/17/2011)
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 5/2/11, that the Plaintiffs are hereby directed to advise the court of the identity and status of "KCI International VOF GP" and the reasoning behind its its substitution for "KCI Medical Resources" in some, but not all, of the pleadings. (Law, Trina) (Entered: 05/02/2011)
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 5/2/11, that Defendant's Motion for a Partial Lift of Stay (Doc. 57 ) is DENIED and all proceedings in this matter, including settlement conferences and trial, are stayed pending the decision of the Federal Circuit in the Smith & Nephew appeal. (Law, Trina) (Entered: 05/02/2011)
NOTICE by of Supplemental Authority re 57 MOTION to Lift Stay to Adjudicate its Counterclaim and for a Declaration of Ownership by INNOVATIVE THERAPIES, INC. (Attachments: # 1 Exhibit A: Request for Briefing on the Merits, # 2 Exhibit B: Excerpt from Texas Supreme Court Docket Analysis)(BILLER, ANTHONY) (Entered: 04/12/2011)
NOTICE of Appearance by attorney JAMES T. WILLIAMS, JR on behalf of Counter Defendant WAKE FOREST UNIVERSITY HEALTH SCIENCES, Plaintiff WAKE FOREST UNIVERSITY HEALTH SCIENCES (WILLIAMS, JAMES) (Entered: 03/17/2011)
NOTICE of Appearance by attorney CLINTON R. PINYAN on behalf of Counter Defendant WAKE FOREST UNIVERSITY HEALTH SCIENCES, Plaintiff WAKE FOREST UNIVERSITY HEALTH SCIENCES (PINYAN, CLINTON) (Entered: 03/17/2011)
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 3/16/11, that Plaintiffs' Motion to Lift Stay (Doc. 30 ) is DENIED and all proceedings in this matter, including settlement conferences and trial, are stayed pending the decision of the Federal Circuit in the Smith & Nephew appeal. Nevertheless, Defendant's Motion for a Partial Lift of the Current Stay to Adjudicate its Counterclaim for a Declaration of Ownership (Doc. 57 ) is hereby taken under advisement pending further order of this court. (Law, Trina) (Entered: 03/16/2011)
REPLY, to Response to 65 MOTION for Leave PLAINTIFFS' MOTION FOR LEAVE TO FILE THEIR SUR-REPLY IN OPPOSITION TO DEFENDANT'S MOTION FOR PARTIAL LIFT OF THE CURRENT STAY TO ADJUDICATE ITS COUNTERCLAIM FOR A DECLARATION OF OWNERSHIP filed by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (MACON, R.) (Entered: 02/14/2011)
RESPONSE in Opposition re 65 MOTION for Leave PLAINTIFFS' MOTION FOR LEAVE TO FILE THEIR SUR-REPLY IN OPPOSITION TO DEFENDANT'S MOTION FOR PARTIAL LIFT OF THE CURRENT STAY TO ADJUDICATE ITS COUNTERCLAIM FOR A DECLARATION OF OWNERSHIP filed by INNOVATIVE THERAPIES, INC.. (Attachments: # 1 Exhibit DiPaulo v. Potter 2010 WL 3310255 MDNC)(BILLER, ANTHONY) (Entered: 01/27/2011)
RESPONSE re 63 MOTION to Seal Exhibit 7 to the Declaration of Jonathan G. Graves in Support of Defendants Reply to its Motion for a Partial Lift of the Current Stay to Adjudicate its Counterclaim for a Declaration of Ownership filed by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Replies due by 2/10/2011. (MACON, R.) (Entered: 01/24/2011)
MOTION for Leave TO FILE THEIR SUR-REPLY IN OPPOSITION TO DEFENDANT'S MOTION FOR PARTIAL LIFT OF THE CURRENT STAY TO ADJUDICATE ITS COUNTERCLAIM FOR A DECLARATION OF OWNERSHIP by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Response to Motion due by 2/3/2011. (Attachments: # 1 Exhibit 1 - PLFS' Sur-Reply, # 2 Text of Proposed Order)(MACON, R.) (Entered: 01/10/2011)
MEMORANDUM re 63 MOTION to Seal Exhibit 7 to the Declaration of Jonathan G. Graves in Support of Defendants Reply to its Motion for a Partial Lift of the Current Stay to Adjudicate its Counterclaim for a Declaration of Ownership filed by INNOVATIVE THERAPIES, INC. (BILLER, ANTHONY) (Entered: 12/30/2010)
MOTION to Seal Exhibit 7 to the Declaration of Jonathan G. Graves in Support of Defendants Reply to its Motion for a Partial Lift of the Current Stay to Adjudicate its Counterclaim for a Declaration of Ownership by INNOVATIVE THERAPIES, INC.. (Attachments: # 1 Exhibit 7 - (FILED UNDER SEAL))(BILLER, ANTHONY) (Entered: 12/30/2010)
62
Filed: 12/30/2010, Entered: None
REPLY, filed by Defendant INNOVATIVE THERAPIES, INC., to Response to 57 MOTION to Lift Stay to Adjudicate its Counterclaim and for a Declaration of Ownership filed by INNOVATIVE THERAPIES, INC.. (Attachments: # 1 Exhibit Declaration of Jonathan G. Graves, # 2 Exhibit 1 Management Equity Agreement between Kinetic Concepts, Inc. and David Tumey, # 3 Exhibit 2 Third Amended Petition, Request for Declaratory Judgment, Application for Temporary and Permanent Injunctive Relief, and Request for Disclosure, # 4 Exhibit 3 First Amended Complaint, # 5 Exhibit 4 correspondence from The Supreme Court of Texas to counsel for KCI, # 6 Exhibit 5 Annual Report for the Texas Judiciary, Fiscal Year 2010, # 7 Exhibit 6 Order Granting in Part and Denying in Part Defendant's Motion for Protective Order, # 8 Exhibit 7 FILED UNDER SEAL)(BILLER, ANTHONY) (Entered: 12/30/2010)
RESPONSE in Opposition re 57 MOTION to Lift Stay to Adjudicate its Counterclaim and for a Declaration of Ownership filed by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Replies due by 12/30/2010. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(MACON, R.) (Entered: 12/13/2010)
RESPONSE re 55 MOTION to Seal Documents Memorandum in Support and Exhibit 8Memorandum in Support of its Motion for a Partial Lift of the Current Stay to Adjudicate its Counterclaim and for a Declaration of Ownership and Exhibit 8 to the Declaration Of Jonathan G. filed by INNOVATIVE THERAPIES, INC. filed by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Replies due by 12/30/2010. (MACON, R.) (Entered: 12/13/2010)
MEMORANDUM re 57 MOTION to Lift Stay to Adjudicate its Counterclaim and for a Declaration of Ownership filed by INNOVATIVE THERAPIES, INC. (BILLER, ANTHONY) (Entered: 11/19/2010)
MOTION to Lift Stay to Adjudicate its Counterclaim and for a Declaration of Ownership by INNOVATIVE THERAPIES, INC.. Responses due by 12/13/2010 (Attachments: # 1 Text of Proposed Order)(BILLER, ANTHONY) (Entered: 11/19/2010)
MEMORANDUM re 55 MOTION to Seal Documents Memorandum in Support and Exhibit 8Memorandum in Support of its Motion for a Partial Lift of the Current Stay to Adjudicate its Counterclaim and for a Declaration of Ownership and Exhibit 8 to the Declaration Of Jonathan G. filed by INNOVATIVE THERAPIES, INC. (BILLER, ANTHONY) (Entered: 11/19/2010)
MOTION to Seal Documents Memorandum in Support and Exhibit 8Memorandum in Support of its Motion for a Partial Lift of the Current Stay to Adjudicate its Counterclaim and for a Declaration of Ownership and Exhibit 8 to the Declaration Of Jonathan G. Graves by INNOVATIVE THERAPIES, INC.. Responses due by 12/13/2010 (Attachments: # 1 Text of Proposed Order)(BILLER, ANTHONY) (Entered: 11/19/2010)
JOINT STATUS REPORT filed by all parties by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Exhibit 1)(MACON, R.) (Entered: 06/01/2010)
ANSWER to Amended Complaint with Jury Demand and Counterclaims by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (MACON, R.) (Entered: 05/20/2010)
Amended Order filed to correct caption and case numbers. Amended Order includes amendments to caption, first and last paragraphs. ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 5/19/10, that Plaintiffs' Motion to Consolidate Markman Hearings (Doc. 48 ) IS DENIED. Associated Cases: 1:08-cv-00032-WO-LPA, 1:08-cv-00918-WO-LPA (Law, Trina) Modified on 5/19/2010 to edit docket text (Law, Trina). (Entered: 05/19/2010)
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 5/13/10, that Plaintiffs' Motion to Consolidate Markman Hearings (Doc. 48 ) IS DENIED. (Law, Trina) (Entered: 05/13/2010)
RESPONSE in Opposition re 48 MOTION to Consolidate Markman Hearings and Notice of Claim Construction Orders from W. D. TEX filed by INNOVATIVE THERAPIES, INC. (Attachments: # 1 Exhibit Plaintiffs' Preliminary Statement of Claims and Preliminary Infringement Contentions)(BILLER, ANTHONY) (Entered: 05/10/2010)
NOTICE of Filing Petition for Rehearing En Banc in the United States Court of Appeals for the Federal Circuitby INNOVATIVE THERAPIES, INC. (Attachments: # 1 Exhibit A Petition for Rehearing en banc)(BILLER, ANTHONY) (Entered: 05/05/2010)
MOTION to Consolidate Markman Hearings and NOTICE of Claim Contruction Order from W. D. TEX by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Responses due by 5/24/2010. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(MACON, R.) (Entered: 04/29/2010)
ANSWER to 1 Complaint with Jury Demand Amended Answer & Counterclaim by INNOVATIVE THERAPIES, INC. (Attachments: # 1 Exhibit A First Texas action, # 2 Exhibit B Management Equity Agreement, # 3 Exhibit C Second Texas Action)(BILLER, ANTHONY) (Entered: 04/26/2010)
SUPPLEMENTAL BRIEF re 33 Response in Opposition to Motion by Defendant INNOVATIVE THERAPIES, INC. (Attachments: # 1 Exhibit 1: Electronic Patent Application Fee Transmittal, # 2 Exhibit 2: Appeal from Re-exam)(BILLER, ANTHONY) (Entered: 04/22/2010)
SUPPLEMENTAL BRIEF IN SUPPORT OF 30 PLAINTIFFS' MOTION TO LIFT STAY by Plaintiffs KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MACON, R.) (Entered: 04/22/2010)
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 4/12/10, that the order imposing a stay is lifted in part pending further order of this court upon the terms and conditions set forth herein. FURTHER that the Defendant, Innovative Therapies, Inc., is hereby granted a period of two (2) weeks from the date of this order within which to file an amended answer to the Complaint. FURTHER that the Plaintiffs shall serve on Defendant, within three (3) weeks of the filing of any amended answer or on or before May 17, 2010, whichever first occurs, a preliminary statement of claims which includes a description of Plaintiffs' asserted patent claims and infringement contentions. This preliminary statement of claims may be subsequently amended, and any amendment, so long as timely, will be freely allowed. Upon completion of the filing of any amended answer and service upon Defendant of Plaintiffs' preliminary statement of claims, the parties are directed to notify this court. FURTHER the Plaintiffs and Defendant shall have a period of ten (10) days from the date of this order to supplement their prior pleadings relating to the motion to lift stay. (Doc. 30 .) No responsive pleadings will be permitted to any supplementation without permission of the court. In all other respects, the order granting the stay (Doc. 27 ) remains in full force and effect until further order of this court. (Law, Trina) (Entered: 04/12/2010)
JOINT STATUS REPORT REGARDING DECISION BY FEDERAL CIRCUIT IN PENDING APPEAL OF DECISION BY DELAWARE COURT filed by all parties. (Attachments: # 1 Exhibit 1)(MACON, R.) (Entered: 04/06/2010)
NOTICE of Hearing: Status Conference set for 4/8/2010 02:00 PM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda) (Entered: 03/26/2010)
Transcript of Proceedings held on 03/03/2010, before Judge William L. Osteen, Jr.. Court Reporter J. Armstrong, Telephone number 336-332-6034. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 4/13/2010. Redacted Transcript Deadline set for 4/23/2010. Release of Transcript Restriction set for 6/21/2010. Associated Cases: 1:08-cv-00032-WO-LPA, 1:08-cv-00918-WO-LPA(Armstrong, Joe) (Entered: 03/23/2010)
NOTICE of Appearance by attorney MELANIE G. COWART on behalf of Plaintiffs KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (COWART, MELANIE) (Entered: 03/01/2010)
NOTICE of Hearing: Status Conference set for 3/3/2010 04:30 PM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Williamson, Wanda) (Entered: 02/22/2010)
JOINT STATUS REPORT Regarding Pending Appeal of Decision by Delaware Court filed by all parties by INNOVATIVE THERAPIES, INC. (BILLER, ANTHONY) (Entered: 04/02/2009)
NOTICE (Advisory to the Court Regarding Federal Circuit Decision Concerning Patents in Suit) by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (Attachments: # 1 Exhibit A - Federal Circuit's Opinion)(MACON, R.) (Entered: 02/03/2009)
REPLY to Response to 30 MOTION to Lift Stay and Set Scheduling Conference filed by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (Attachments: # 1 Exhibit A - M.J. Stark's Report & Recomm. dated 7-14-08, # 2 Exhibit B - Judge Robinson's Memorandum Order of Dismissal, # 3 Exhibit C - Order Denying Stay - KCI v. BlueSky - 08-CV-102-WRF, # 4 Exhibit D - WFU '643 Reexamination Notice from USPTO, # 5 Exhibit Panavise Products v. National Products case - 2008 WL 5451702, # 6 Exhibit ESN v. Cisco Systems - Order Denying Cisco's Mtn to Stay)(MACON, R.) (Entered: 01/12/2009)
MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Lift Stay and Set Scheduling Conference by INNOVATIVE THERAPIES, INC. (Attachments: # 1 Text of Proposed Order)(BILLER, ANTHONY) (Entered: 12/03/2008)
BRIEF re 30 MOTION to Lift Stay and Set Scheduling Conference in Support of Plaintiffs' Motion to Lift Stay and Set Scheduling Conference filed by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (DAVIS, WILLIAM) (Entered: 11/19/2008)
MOTION to Lift Stay and Set Scheduling Conference by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. Responses due by 12/12/2008. (DAVIS, WILLIAM) (Entered: 11/19/2008)
JOINT STATUS REPORT REGARDING DECISION BY DELAWARE COURT filed by all parties. (Attachments: # 1 Exhibit A - Memorandum Order, # 2 Exhibit B - Notice of Appeal)(DAVIS, WILLIAM) (Entered: 11/11/2008)
JOINT STATUS REPORT filed by all parties filed by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (Attachments: # 1 Exhibit A)(DAVIS, WILLIAM) (Entered: 10/01/2008)
ORDER signed by MAG/JUDGE WALLACE W. DIXON on 07/10/08, that Defendant's motion to stay (docket no. 17 ) is GRANTED. To this extent, Defendant's alternative motion to transfer venue is DENIED. Last of all, the attorneys for the parties are HEREBY ORDERED to file a joint status report informing this court of the progress of the judicial proceedings in Delaware. The report must be filed quarterly, with the first such report being due on October 1, 2008, and thereafter on the first workday of the beginning month of each succeeding quarter until the Delaware litigation is completed. (Law, Trina) (Entered: 07/10/2008)
REPLY to Response to 17 MOTION to Transfer Case or in the Alternative, Motion to Stay filed by INNOVATIVE THERAPIES, INC. (Attachments: # 1 Exhibit A: Wake Forest License Agreement, # 2 Exhibit B: List of Trial Exhibits, # 3 Exhibit C: Opposition Papers, # 4 Exhibit D: KCI v. Bluesky Excerpts of Trial Transcripts, # 5 Exhibit E: Vogel Declaration May 5, 2008)(BILLER, ANTHONY) (Entered: 05/05/2008)
Plaintiffs' Brief in Opposition to Defendant's Motion to Transfer Venue, or in the Alternative, Motion to Stay BRIEF re 17 MOTION to Transfer Case or in the Alternative, Motion to Stay by Plaintiffs WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING filed by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (Attachments: # 1 Affidavit of Douglas L. Edgeton, # 2 Exhibit 1 - KCI Motion to Dismiss First Amended Complaint, # 3 Exhibit 2 - Declaration of David M. Tumey, # 4 Exhibit 3 - Declaration of Don O. Burley, # 5 Exhibit 4 - Declaration of Mark Meents, # 6 Exhibit 5 - Declaration of Michael Girouard, # 7 Exhibit 6 - Declaration of Michael Burke)(DAVIS, WILLIAM) (Entered: 04/18/2008)
NOTICE of Appearance by attorney KAREN KROESCHE GULDE on behalf of Plaintiffs WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (GULDE, KAREN) (Entered: 04/02/2008)
NOTICE of Appearance by attorney R. LAURENCE MACON on behalf of Plaintiffs WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (MACON, R.) (Entered: 04/02/2008)
ORDER signed by MAG/JUDGE WALLACE W. DIXON on 04/01/08, granting 21 Motion for Extension of Time to File Response, that that plaintiffs shall have to and including April 18, 2008, within which to file a response to the defendant's Motion to Transfer Venue or, in the Alternative, Motion to Stay. Responses due by 4/18/2008. (Law, Trina) (Entered: 04/01/2008)
MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Transfer Case or in the Alternative, Motion to Stay by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. Responses due by 4/21/2008. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion for Extension of Time)(DAVIS, WILLIAM) (Entered: 03/28/2008)
NOTICE of Filing Exhibit re 18 Memorandum by INNOVATIVE THERAPIES, INC. (Attachments: # 1 Exhibit 13: Declaration of Richard Vogel) (BILLER, ANTHONY) (Entered: 03/27/2008)
MOTION to Transfer Case or in the Alternative, Motion to Stay by INNOVATIVE THERAPIES, INC. Responses due by 4/4/2008. (Attachments: # 1 Text of Proposed Order)(BILLER, ANTHONY) (Entered: 03/12/2008)
MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by INNOVATIVE THERAPIES, INC. Responses due by 3/4/2008. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time)(BILLER, ANTHONY) (Entered: 02/04/2008)
AFFIDAVIT OF SERVICE as to INNOVATIVE THERAPIES, INC. served on 1/14/2008, answer due 2/3/2008. (Attachments: # 1 Exhibit A - Summons - Return of Service)(DAVIS, WILLIAM) (Entered: 01/18/2008)
REPORT re 1 Complaint, Report on the Filing or Determination of an Action Regarding a Patent or Trademark by Plaintiffs WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (DAVIS, WILLIAM) (Entered: 01/11/2008)
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) Modified on 1/15/2008 to replace document with corrected date of 2008. (McClain, Abby). (Entered: 01/11/2008)
REPORT re 1 Complaint, on the Filing or Determination of an Action Regarding a Patent or Trademark by Plaintiffs WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (DAVIS, WILLIAM) (Entered: 01/10/2008)
COMPLAINT AND REQUEST FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF against INNOVATIVE THERAPIES, INC. ( Filing fee $ 350 receipt number 04180000000000403540.), filed by WAKE FOREST UNIVERSITY HEALTH SCIENCES, KINETIC CONCEPTS, INC., KCI LICENSING, INC., KCI USA, INC., KCI MEDICAL RESOURCES, MEDICAL HOLDINGS LIMITED, KCI MANUFACTURING. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(DAVIS, WILLIAM) (Entered: 01/10/2008)
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