Case Details

CourtSouthern District of California
Docket number3:13-cv-01763
Date case filed2013-07-29
Date case closed2014-08-26
Date of latest filing
Assigned toJudge Marilyn L. Huff
Case cause35:0271 Patent Infringement
Nature of suit830 Patent
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Ivera Medical Corporation
Party type: Counter Defendant
Attorney name: Catrina Celeste Creswell
Attorney Contact:
(See above for address)
TERMINATED: 10/08/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Christopher Evan Parker
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Eileen Elizabeth Hintz Rumfelt
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jonathan Hangartner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The Bimeco Group, Inc.
Party type: Counter Claimant
Attorney name: Edward F. O'Connor
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Meredith L. Ainbinder
Attorney Contact:
(See above for address)
TERMINATED: 12/18/2013 LEAD ATTORNEY

Attorney name: SaraLynn Mandel
Attorney Contact:
(See above for address)
TERMINATED: 12/19/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amanda Hyland
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Kerry L Timbers
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Sharona H. Sternberg
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: W. Scott Creasman
Attorney Contact:
(See above for address)
TERMINATED: 10/08/2013 ATTORNEY TO BE NOTICED
Party: The Bimeco Group, Inc.
Party type: Counter Claimant
Attorney name: Meredith L. Ainbinder
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amanda Hyland
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: W. Scott Creasman
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Ivera Medical Corporation
Party type: Counter Defendant
Attorney name: Catrina Celeste Creswell
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Christopher Evan Parker
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Eileen Elizabeth Hintz Rumfelt
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-05-23 COMPLAINT with Jury Demand filed. ( Filing fee $ 400 receipt number 113E4595932.), filed by Ivera Medical Corporation. (Attachments: # 1 Exh A, # 2 Exh B, # 3 Exh C, # 4 Civil Cover Sheet)(jlm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 7/29/2013.] (Entered: 05/23/2013)
22013-05-23 Electronic Summons Issued as to The Bimeco Group, Inc.. (jlm) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 05/23/2013)
32013-05-23 AO Form 120 forwarded to Director of the U.S. Patent and Trademark Office. (jlm) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 05/23/2013)
42013-05-24 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 5/24/13. (rsh) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 05/24/2013)
52013-05-24 Corporate Disclosure Statement by Ivera Medical Corporation by Ivera Medical Corporation.(Rumfelt, Eileen Elizabeth) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 05/24/2013)
62013-05-31 Return of Service Executed by Ivera Medical Corporation. The Bimeco Group, Inc. served on 5/24/2013, answer due 6/14/2013. (Rumfelt, Eileen Elizabeth) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 05/31/2013)
72013-06-13 Consent MOTION for Extension of Time re: 1 Complaint, for Defendant to Answer, Move, or Otherwise Respond to Plaintiff's Complaint by The Bimeco Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Creasman, W.) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 06/13/2013)
82013-06-13 ORDER GRANTING dft's 7 Consent Motion for an Extension of Time to and including 7/10/13 to file a response to pla's 1 Complaint. Signed by Judge Timothy C. Batten, Sr on 6/13/13. (jlm) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 06/13/2013)
92013-06-14 NOTICE of Appearance by Amanda Hyland on behalf of The Bimeco Group, Inc. (Hyland, Amanda) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 06/14/2013)
102013-06-14 APPLICATION for Admission of Meredith Lee Ainbinder Pro Hac Vice (Application fee $ 150, receipt number 113E-4634042)by The Bimeco Group, Inc.. (Creasman, W.) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 06/14/2013)
112013-06-27 APPLICATION for Admission of Jonathan Hangartner Pro Hac Vice (Application fee $ 150, receipt number 113E-4654545)by Ivera Medical Corporation. (Attachments: # 1 Text of Proposed Order)(Rumfelt, Eileen Elizabeth) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 06/27/2013)
122013-07-10 Defendant's ANSWER to 1 COMPLAINT with Jury Demand ( Discovery ends on 4/7/2014.), COUNTERCLAIM against Ivera Medical Corporation with Jury Demand by The Bimeco Group, Inc..(Creasman, W.) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 7/29/2013.] (Entered: 07/10/2013)
132013-07-10 MOTION to Transfer Case to Southern District of California by The Bimeco Group, Inc.. (Attachments: # 1 Brief Dft Memo in Support of Mtn to Transfer to SD CA or Issue a Stay)(Creasman, W.) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 07/10/2013)
142013-07-10 EXHIBITS IN SUPPORT OF 13 MOTION to Transfer Case (Attachments: # 1 Exhibit Exhibits 1-5 iso Dft's Mtn to Transfer, # 2 Exhibit Exhibits 6-9-5 iso Dft's Mtn to Transfer, # 3 Exhibit Exhibits 9-10 iso Dft's Mtn to Transfer)(Creasman, W.) Modified on 7/11/2013 (jlm). [Transferred from Georgia Northern on 7/29/2013.] (Entered: 07/10/2013)
152013-07-26 STIPULATION of Transfer to Southern District of California by Ivera Medical Corporation, The Bimeco Group, Inc.. (Rumfelt, Eileen Elizabeth) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 07/26/2013)
162013-07-29 ORDER GRANTING 13 Motion to Transfer Case to the Southern District of California. Signed by Judge Timothy C. Batten, Sr on 7/29/13. (jlm) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 07/29/2013)
172013-07-29 AO120 form with disposition forwarded to Director of the U.S. Patent and Trademark Office. (jlm) [Transferred from Georgia Northern on 7/29/2013.] (Entered: 07/29/2013)
182013-07-29 Case transferred in from District of Georgia Northern; Case Number 3:13-cv-00086. Original file received electronically (kaj)(av1). (Entered: 07/29/2013)
192013-07-29 Judge William Q. Hayes and Magistrate Judge Jan M. Adler assigned to transfer case from Northern District of Georgia. (no document attached) (kaj) (Entered: 07/29/2013)
202013-07-30 MINUTE ORDER. Judge William Q. Hayes has declined assignment pursuant to General Order 598. Case reassigned to Judge Janis L. Sammartino for all further proceedings. The new case number is 13cv1763-JLS(JMA) (no document attached) (tel) (Entered: 07/30/2013)
212013-09-05 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Marilyn L. Huff and Magistrate Judge Ruben B. Brooks for all further proceedings. Judge Janis L. Sammartino, Magistrate Judge Jan M. Adler no longer assigned to case. Create association to 3:11-cv-01115-H-RBB. The new case number is 13cv1763-H-RBB. Signed by Judge Marilyn L. Huff on 8/29/2013. Signed by Judge Janis L. Sammartino on 9/4/2013.(jao) (Entered: 09/06/2013)
222013-09-11 ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 10/30/2013 08:30 AM in Courtroom 2C before Magistrate Judge Ruben B. Brooks, United States Courthouse, 221 West Broadway, San Diego, California. Signed by Magistrate Judge Ruben B. Brooks on 9/11/2013. (srm) (Entered: 09/11/2013)
232013-09-12 MOTION to Substitute Attorney Miller & Martin PLLC by Ivera Medical Corporation. (Hangartner, Jonathan)Attorney Jonathan Hangartner added to party Ivera Medical Corporation(pty:pla) (ag). (Entered: 09/12/2013)
242013-09-12 NOTICE OF RELATED CASE(S) by Ivera Medical Corporation of case(s) 12-cv-0954 H (RBB), 11-cv-1115 H (RBB), 11-cv-1246 H (RBB), 13-cv-02063 CAB (NLS) . (Hangartner, Jonathan) Modified on 9/13/2013 to note that no low number order was issued, low number case is already a Judge Huff case (ag). (Entered: 09/12/2013)
252013-10-04 MOTION to Substitute Attorney by The Bimeco Group, Inc.. (Mandel, SaraLynn)Attorney SaraLynn Mandel added to party The Bimeco Group, Inc.(pty:dft) (ag). (Entered: 10/04/2013)
262013-10-08 ORDER Granting 23 and 25 Motion to Substitute Counsel. Added attorney Jonathan Hangartner for Ivera Medical Corporation and SaraLynn Mandel for The Bimeco Group, Inc.. Attorney W. Scott Creasman and Catrina Celeste Creswell terminated. Signed by Judge Marilyn L. Huff on 10/07/2013. (ag) (av1). (Entered: 10/08/2013)
272013-10-22 Joint MOTION to Vacate Early Neutral Evaluation Conference by The Bimeco Group, Inc.. (Mandel, SaraLynn) Modified on 10/23/2013 to term motion, an amended motion was filed (ag). (Entered: 10/22/2013)
282013-10-22 Joint MOTION to Vacate Early Neutral Evaluation Conference by The Bimeco Group, Inc.. (Attachments: # 1 Notice)(Mandel, SaraLynn) (ag). (Entered: 10/22/2013)
292013-10-24 ORDER denying 28 Motion to Vacate Early Neutral Evaluation Conference. Signed by Magistrate Judge Ruben B. Brooks on 10/24/2013. (kcm) (jrl). (Entered: 10/24/2013)
302013-10-25 ** DOCUMENT STRICKEN PER ORDER # 31 ** (dls). Modified on 11/1/2013 (dls). (Entered: 10/25/2013)
312013-11-01 Notice of Document Discrepancies and Order Thereon by Judge Marilyn L. Huff: Rejecting Document, from Counter Claimant The Bimeco Group, Inc., Defendant The Bimeco Group, Inc., re 30 MOTION to Stay Pending Resolution of Related Litigation. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: No hearing date. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Marilyn L. Huff on 11/1/2013.(dls) (av1). (Entered: 11/01/2013)
322013-11-01 MOTION to Stay Pending Resolution of Related Litigation by The Bimeco Group, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Mandel, SaraLynn) (ag). (Entered: 11/01/2013)
332013-10-30 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: An Early Neutral Evaluation Conference was held on 10/30/2013 . A telephonic Case Management Conference is set for 1/8/2014 at 8:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 10/30/2013 (ag) (Entered: 11/04/2013)
342013-11-05 ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance. An Early Neutral Evaluation Conference was held on 10/30/2013. A telephonic, attorneys-only Case Management Conference is set for 1/8/2014 at 8:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 11/4/2013.(ag) (av1). (Entered: 11/05/2013)
352013-11-26 PRO HAC VICE APPOINTED: Kerry L Timbers appearing for Counter Claimant The Bimeco Group, Inc., Defendant The Bimeco Group, Inc. (jao) (Entered: 11/26/2013)
362013-11-26 PRO HAC VICE APPOINTED: Meredith L. Ainbinder appearing for Counter Claimant The Bimeco Group, Inc., Defendant The Bimeco Group, Inc. (jao) (Entered: 11/26/2013)
372013-11-26 PRO HAC VICE APPOINTED: Sharona H. Sternberg appearing for Counter Claimant The Bimeco Group, Inc., Defendant The Bimeco Group, Inc. (jao) (Entered: 11/26/2013)
382013-12-02 RESPONSE in Opposition re 32 MOTION to Stay Pending Resolution of Related Litigation filed by Ivera Medical Corporation. (Hangartner, Jonathan) (cxl). (Entered: 12/02/2013)
392013-12-09 REPLY to Response to Motion re 32 MOTION to Stay Pending Resolution of Related Litigation filed by The Bimeco Group, Inc.. (Timbers, Kerry) (ag). (Entered: 12/09/2013)
402013-12-11 ORDER granting 32 Motion to Stay. Case stayed until 10/16/2014. Signed by Judge Marilyn L. Huff on 12/11/2013. (ag) (jrl). (Entered: 12/11/2013)
412013-12-13 Minute Order: The telephonic attorneys-only settlement conference set for 01/08/2014 at 8:00 a.m. is vacated. A telephonic Case Management Conference is set for 11/3/2014 at 8:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 12/13/2013 (ag) (Entered: 12/16/2013)
422013-12-16 NOTICE by The Bimeco Group, Inc. of Association and Entry of Appearance (O'Connor, Edward)Attorney Edward F. O'Connor added to party The Bimeco Group, Inc.(pty:cc), Attorney Edward F. O'Connor added to party The Bimeco Group, Inc.(pty:dft) (av1). (Entered: 12/16/2013)
432013-12-18 NOTICE by The Bimeco Group, Inc. notice of motion to withdraw appearance of Meredith Ainbinder (Attachments: # 1 Proof of Service)(Timbers, Kerry) (kaj). (Entered: 12/18/2013)
442013-12-19 NOTICE by The Bimeco Group, Inc. Substitution of Attorney of SaraLynn Mandel (O'Connor, Edward) (ag). (Entered: 12/19/2013)
452014-07-21 MOTION For Entry of Final Judgment, Dismissal, and to Adjourn Deadline to Seek Attorneys' Fees and Costs by The Bimeco Group, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Gary Brown, # 3 Declaration Vicki E. Farrar)(O'Connor, Edward) (ag). (Entered: 07/21/2014)
462014-08-11 RESPONSE in Opposition re 45 MOTION For Entry of Final Judgment, Dismissal, and to Adjourn Deadline to Seek Attorneys' Fees and Costs filed by Ivera Medical Corporation. (Hangartner, Jonathan) (ag). (Entered: 08/11/2014)
472014-08-13 REPLY to Response to Motion re 45 MOTION For Entry of Final Judgment, Dismissal, and to Adjourn Deadline to Seek Attorneys' Fees and Costs filed by The Bimeco Group, Inc.. (O'Connor, Edward) (ag). (Entered: 08/13/2014)
482014-08-21 ORDER Submitting 45 MOTION For Entry of Final Judgment. It is so ordered the Court, pursuant to its discretion under Local Civil Rule 7.1(d)(1), concludes that resolution of the motion does not require oral argument. The Court therefore vacates the scheduled hearing and submits the motion on the parties papers. Signed by Judge Marilyn L. Huff on 08/21/2014.(yeb) (Entered: 08/22/2014)
492014-08-26 ORDER Granting in Part 45 Defendant's Motion for Final Judgment. Signed by Judge Marilyn L. Huff on 08/25/2014. (ag) (Entered: 08/26/2014)
502014-08-26 JUDGMENT for Defendant The Bimeco Group, Inc.'s against Ivera Medical Corporation. Signed by Judge Marilyn L. Huff on 08/26/2014.(ag) (Entered: 08/26/2014)
512014-09-08 REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 7,780,794 B2, 7,985,302 B2, 8,206,514, re 50 Judgment. cc:USPTO (ag) (Main Document 51 replaced on 9/8/2014) (ag). (Entered: 09/08/2014)
522014-09-26 Ex Parte MOTION for Extension of Time to File Notice of Appeal by Ivera Medical Corporation. (Hangartner, Jonathan) (ag). (Entered: 09/26/2014)
532014-09-26 NOTICE OF APPEAL to the Federal Circuit as to 50 Judgment by Ivera Medical Corporation. (Filing fee $ 505 receipt number 0974-7422932.) (Hangartner, Jonathan). (Modified on 9/27/2014 to note that the Notice of Appeal has been electronically transmitted to the US Court of Appeals for the Federal Circuit.) (akr). (Entered: 09/26/2014)
542014-09-29 ORDER: (1) Declining to Rule on Plaintiff's Motion for an Extension Ex Parte (2) Requesting an Opposition from Defendant by October 14, 2014. The Court declines to rule on Plaintiffs motion ex parte. The Court requests that Defendant provide an opposition to Plaintiffs motion on or before 10/14/2014. Signed by Judge Marilyn L. Huff on 09/29/2014.(ag) (Entered: 09/29/2014)
552014-10-03 USCA Case Number 15-1011 for 53 Notice of Appeal to Federal Circuit, filed by Ivera Medical Corporation. (akr) (Entered: 10/03/2014)
562014-10-14 RESPONSE in Opposition re 52 Ex Parte MOTION for Extension of Time to File Notice of Appeal Pursuant to FRAP 4(a)(5) filed by The Bimeco Group, Inc.. (Attachments: # 1 Declaration Edward F. O'Connor, # 2 Exhibit A, # 3 Exhibit B)(O'Connor, Edward) (ag). (Entered: 10/14/2014)
572014-10-16 REPLY to Response to Motion re 52 Ex Parte MOTION for Extension of Time to File Notice of Appeal filed by Ivera Medical Corporation. (Hangartner, Jonathan) (ag). (Entered: 10/16/2014)
582014-10-22 ORDER granting 52 Plaintiff's Motion for an Extension of Time to File a Notice of Appeal. Exercising its discretion, and for the foregoing reasons, the Court grants the motion for an extension of time to file a notice of appeal. Signed by Judge Marilyn L. Huff on 10/22/2014. (USCA Case Number 15-1011. Order will be electronically transmitted to the US Court of Appeals for the Federal Circuit.) (akr) (Entered: 10/23/2014)
592015-01-09 ORDER of USCA as to 53 Notice of Appeal to Federal Circuit, filed by Ivera Medical Corporation. Ivera Medical Corporation, Covidien LP, and Covidien Sales LLC jointly move to dismiss 2015-1009. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to withdraw 2015-1009 is granted. 2015-1009 is dismissed. (2) Each side shall bear its own costs in 2015-1009. (3) The revised official caption for 2015-1010, 2015-1011, and 2015-1014 is reflected above. (akr) (Entered: 01/09/2015)
602015-06-15 ORDER of USCA as to 53 Notice of Appeal to Federal Circuit, filed by Ivera Medical Corporation. The parties having so agreed, IT IS ORDERED THAT: The proceedings are dismissed under FRAP 42 (b). Each side shall bear its own costs. (Issued as a Mandate for case numbers 2015-1010, 2015-1011, and 2015-1014.) (akr) (Entered: 06/15/2015)