Case Details

CourtEastern District of Wisconsin
Docket number2:13-cv-00860
Date case filed2013-07-29
Date case closed2015-02-18
Date of latest filing
Assigned toJudge Pamela Pepper
Case cause35:271 Patent Infringement
Nature of suit830 Patent
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Precision Dynamics Corporation
Party type: Plaintiff
Attorney name: David R Cross
Attorney Contact:
Quarles & Brady LLP
411 E Wisconsin Ave - Ste 2040
Milwaukee, WI 53202-4497
414-277-5669
Fax: 414-978-8669
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brandon M Krajewski
Attorney Contact:
Quarles & Brady LLP
411 E Wisconsin Ave - Ste 2040
Milwaukee, WI 53202-4497
414-277-5783
Fax: 414-978-8326
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Johanna M Wilbert
Attorney Contact:
Quarles & Brady LLP
411 E Wisconsin Ave - Ste 2040
Milwaukee, WI 53202-4497
414-277-5000
Fax: 414-271-3552
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Typenex Medical LLC
Party type: Defendant
Attorney name: Peter R Forrest
Attorney Contact:
Dicke Billig & Czaja PLLC
100 S 5th St - Ste 2250
Minneapolis, MN 55402-1210
612-573-2000
Fax: 612-573-2000
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-07-29 COMPLAINT with Jury Demand; against Typenex Medical LLC by Precision Dynamics Corporation. ( Filing Fee PAID $400 receipt number 0757-1730013) (Attachments: # 1 Exhibit A - US8296982, # 2 Exhibit B - TM Reg 3082443, # 3 Exhibit C - Typenex Website, # 4 Summons, # 5 Civil Cover Sheet)(Wilbert, Johanna)
22013-07-30 Report to the Commissioner of Patents and Trademarks (msc)
32013-07-30 DISCLOSURE Statement by Precision Dynamics Corporation. (Wilbert, Johanna)
42013-09-06 Consent to Jurisdiction by US Magistrate Judge by Precision Dynamics Corporation. (Wilbert, Johanna)
52013-10-02 SUMMONS Returned Executed by Precision Dynamics Corporation. Typenex Medical LLC served on 10/1/2013, answer due 10/22/2013. (Wilbert, Johanna)
62013-10-22 DISCLOSURE Statement by Typenex Medical LLC. (Forrest, Peter)
72013-10-22 Consent to Jurisdiction by US Magistrate Judge by Typenex Medical LLC. (Forrest, Peter)
82013-10-22 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Typenex Medical LLC. (Attachments: # 1 Text of Proposed Order)(Forrest, Peter)
92013-10-22 BRIEF in Support filed by Typenex Medical LLC re 8 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue . (Forrest, Peter)
102013-10-22 DECLARATION of Scott Leece in Support of Motion to Dismiss (Attachments: # 1 Exhibit A)(Forrest, Peter)
112013-10-30 MOTION for Preliminary Injunction by Precision Dynamics Corporation. (Attachments: # 1 Text of Proposed Order)(Wilbert, Johanna)
122013-10-30 BRIEF in Support filed by Precision Dynamics Corporation re 11 MOTION for Preliminary Injunction . (Wilbert, Johanna)
132013-10-30 DECLARATION of D'Albert J. Benoit in Support of 12 BRIEF re 11 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A - examples of PDC marketing materials, # 2 Exhibit B - PDCs Marketing Brochure, # 3 Exhibit C - Photo of Typenex Prod next to ruler, # 4 Exhibit D - depicts design of both products, # 5 Exhibit E - Typenex Contour Band Marketing Material, # 6 Exhibit F - claim 1 language next to Typenex image, # 7 Exhibit G - Customer E-mail re Savings on Typenex Product)(Wilbert, Johanna)
142013-11-01 NOTICE of Hearing: Telephone Status Conference set for 11/6/2013 at 2:30 PM before Magistrate Judge Patricia J Gorence. The court will initiate the conference call. (cc: all counsel)(msc)
152013-11-06 LETTER from David R. Cross . (Attachments: # 1 Exhibit Precision's First Set of Interrogatories, # 2 Exhibit Precision's First Set of Requests, # 3 Exhibit Precision's 30(b)(6) Notice)(Cross, David)
162013-11-06 Minute Entry for proceedings held before Magistrate Judge Patricia J Gorence: Status Conference held on 11/6/2013. The court orders plaintiff to file a motion for limited discovery no later than 11/13/13. Responses due by 11/25/13, Reply brief to be filed by 12/3/13.The court orders that briefing for the motion to dismiss and the motion for preliminary injunction be stayed until further notice of the court. (Tape #2:29:41-2:51:46) (msc) (Entered: 11/08/2013)
172013-11-12 ORDER signed by Magistrate Judge Patricia J Gorence on 11/12/2013.(See Order for Deadlines/Details) (cc: all counsel)(msc)
182013-11-13 MOTION for Discovery Precision Dynamics' Motion for Jurisdictional Discovery by Precision Dynamics Corporation. (Attachments: # 1 Text of Proposed Order)(Wilbert, Johanna)
192013-11-13 BRIEF in Support filed by Precision Dynamics Corporation re 18 MOTION for Discovery Precision Dynamics' Motion for Jurisdictional Discovery . (Wilbert, Johanna)
202013-11-13 DECLARATION of Norman Anderson in Support of 18 Motion for Jurisdictcional Discovery (Wilbert, Johanna)
212013-11-13 DECLARATION of Patty Gutierrez in Support of 18 Motion for Jurisdictional Discovery (Wilbert, Johanna)
222013-11-13 DECLARATION of Johanna M. Wilbert in Support of 18 Motion for Jurisdictional Discovery (Attachments: # 1 Exhibit 1 - PDC's Jurisdictional Interrogatories, # 2 Exhibit 2 - PDC's Jurisdicitonal Requests For Production, # 3 Exhibit 3 - PDC's Rule 30(b)(6) Deposition Notice)(Wilbert, Johanna)
232013-11-25 BRIEF in Opposition filed by Typenex Medical LLC re 18 MOTION for Discovery Precision Dynamics' Motion for Jurisdictional Discovery . (Forrest, Peter)
242013-12-03 REPLY BRIEF in Support filed by Precision Dynamics Corporation re 18 MOTION for Discovery Precision Dynamics' Motion for Jurisdictional Discovery . (Attachments: # 1 Appendix of Unreported Cases)(Wilbert, Johanna)
252014-02-13 ORDER signed by Magistrate Judge Patricia J Gorence. NOW, THEREFORE, IT IS ORDERED that the plaintiffs 18 motion for jurisdiction discovery be and hereby is granted. IT IS ALSO ORDERED that the defendant shall respond to the plaintiffs written discovery requests on, or before, March 14, 2014. IT IS FURTHER ORDERED that the plaintiff shall conduct one Rule 30(b)(6) deposition on, or before, March 28, 2014. IT IS FURTHER ORDERED that the plaintiffs brief in response to the defendants motion to dismiss shall be filed on, or before, April 10, 2014. (cc: all counsel) (msc)
262014-03-21 Joint MOTION for Protective Order by All Parties. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Wilbert, Johanna)
272014-03-21 STIPULATION and Joint Motion Regarding Discovery by All Parties. (Attachments: # 1 Exhibit Text of Proposed Order)(Forrest, Peter) Modified on 5/8/2014 (asc).
282014-05-02 NOTICE of Hearing: Telephone Status Conference set for 5/8/2014 at 3:30 PM before Magistrate Judge Patricia J Gorence. The court will initial the conference call. (cc: all counsel)(asc)
292014-05-08 ORDER signed by Magistrate Judge Patricia J Gorence on 5/8/2014 granting 26 Motion for Protective Order. (cc: all counsel) (asc)
302014-05-08 ORDER signed by Magistrate Judge Patricia J Gorence on 5/8/2014. IT IS HEREBY ORDERED that defendant's 8 Motion to Dismiss for Lack of Jurisdiction is withdrawn. IT IS ALSO ORDERED that the parties 27 joint motion regarding discovery is granted. (cc: all counsel) (asc)
312014-05-08 Minute Entry for proceedings held before Magistrate Judge Patricia J Gorence: Status Conference held on 5/8/2014. The court orally grants the parties joint motion for protective order. The plaintiffs motion for preliminary injunction is denied without prejudice, and the motionwill be re-filed as of the date of this hearing.The defendant is to file its brief in response to plaintiffs motion for preliminary injunctionon or before May 30, 2014.The plaintiff shall file its reply brief no later than June 13, 2014. (Tape #3:31:57-3:41:31) (asc) (Entered: 05/09/2014)
322014-05-08 ORDER signed by Magistrate Judge Patricia J Gorence. NOW, THEREFORE, IT IS HEREBY ORDERED that plaintiffs 11 motion for preliminary injunction be and hereby is denied without prejudice. IT IS FURTHER ORDERED that the Clerks Office is directed to re-file plaintiffs motion for preliminary injunction. IT IS ALSO ORDERED that the defendant shall its brief in response to plaintiffs motion for preliminary injunction no later than May 30, 2014. The plaintiff shall file its reply brief, if any, on or before June 16, 2014.Dated at Milwaukee, Wisconsin (cc: all counsel) (asc) (Entered: 05/09/2014)
332014-05-08 MOTION for Preliminary Injunction by Precision Dynamics Corporation. (Attachments: # 1 Text of Proposed Order)(asc) (Entered: 05/09/2014)
342014-05-22 ANSWER to Complaint AND COUNTERCLAIM against Precision Dynamics Corporation filed by Typenex Medical LLC . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Forrest, Peter)
352014-05-30 BRIEF in Opposition filed by Typenex Medical LLC re 33 MOTION for Preliminary Injunction . (Forrest, Peter)
362014-05-30 DECLARATION of Peter Forrest in Support of Opposition to Motion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Forrest, Peter)
372014-06-12 Plaintiff's ANSWER to Counterclaim re 34 filed by Precision Dynamics Corporation. (Wilbert, Johanna)
382014-06-13 REPLY BRIEF in Support filed by Precision Dynamics Corporation re 33 MOTION for Preliminary Injunction . (Attachments: # 1 Appendix of Unreported Cases)(Wilbert, Johanna)
392014-06-13 Second DECLARATION of D'Albert J. Benoit in Support of Motion for Preliminary Injunction (Attachments: # 1 Exhibit A: Typenex Blood Bands Website, # 2 Exhibit B: US D703755)(Wilbert, Johanna)
402014-07-09 STIPULATION to Allow Plaintiff to File First Amended Complaint by Precision Dynamics Corporation. (Attachments: # 1 Exhibit A - Defendant's written consent)(Wilbert, Johanna)
412014-07-09 AMENDED COMPLAINT (First) with Jury Demand against Typenex Medical LLC filed by Precision Dynamics Corporation. (Attachments: # 1 Exhibit A - US8296982, # 2 Exhibit B - USD703755, # 3 Exhibit C - USD707296, # 4 Exhibit D - TM Reg 3082443, # 5 Exhibit E - Typenex Website)(Wilbert, Johanna)
422014-07-30 Amended ANSWER to Complaint AND COUNTERCLAIM against Precision Dynamics Corporation filed by Typenex Medical LLC . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Forrest, Peter)
432014-08-20 Plaintiff's ANSWER to Counterclaim re 42 filed by Precision Dynamics Corporation. (Wilbert, Johanna)
442014-08-25 DECISION AND ORDER signed by Magistrate Judge Patricia J Gorence. NOW, THEREFORE, IT IS ORDERED that the plaintiffs 33 motion for a preliminary injunction as to U.S. Patent No. 8,296,982 be and hereby is granted. NOW, THEREFORE, IT IS ALSO ORDERED that the defendant, its agents or anyone else working with or on behalf of the defendant is preliminarily enjoined and restrained, directly or indirectly, from infringing U.S. Patent No. 8,296,982. IT IS ALSO ORDERED that the plaintiffs 33 motion for a preliminary injunction as to the trademark COUNTOURBAND be and hereby is denied. (cc: all counsel) (asc)
452014-09-03 Refusal to Jurisdiction by US Magistrate Judge by Typenex Medical LLC. (Forrest, Peter)
462014-09-05 ORDER OF RECUSAL signed by Judge J P Stadtmueller on 9/5/14. Judge J P Stadtmueller recused. Case reassigned to Judge Rudolph T Randa for all further proceedings. (cc: all counsel)(nm)
472014-09-08 NOTICE of Hearing: Federal Rule of Civil Procedure 16(b) Telephonic Scheduling Conference set for 11/5/2014 09:30 AM before Judge Rudolph T Randa. (cc: all counsel)(Zik, Linda)
482014-09-22 Rule 7(h) Expedited Non-Dispositive MOTION to Alter Judgment (Lift Preliminary Injunction) by Typenex Medical LLC. (Attachments: # 1 Declaration Affidavit of Peter Forrest, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Forrest, Peter) Modified on 9/23/2014 (blr).
492014-09-29 NOTICE of Appearance by Brandon M Krajewski on behalf of Precision Dynamics Corporation. Attorney(s) appearing: Brandon M. Krajewski (Krajewski, Brandon)
502014-10-01 Preliminary Injunction BOND in the amount of $ 224,000 posted by Precision Dynamics Corporation (Krajewski, Brandon)
512014-10-01 RESPONSE to Motion filed by Precision Dynamics Corporation re 48 Rule 7(h) Expedited Non-Dispositive MOTION to Alter Judgment (Lift Preliminary Injunction) . (Krajewski, Brandon)
522014-10-02 ORDER signed by Judge Rudolph T Randa on 10/2/2014 DENYING AS MOOT 48 Typenex Medical LLC's Motion to Lift the 8/25/2014 Preliminary Injunction against its sales of its "Element" brand blood band case. (cc: all counsel) (Zik, Linda)
532014-10-29 REPORT of Rule 26(f) Plan by Precision Dynamics Corporation. (Wilbert, Johanna)
542014-10-31 NOTICE OF APPEAL as to 44 Order on Motion for Preliminary Injunction,, by Typenex Medical LLC. Filing Fee PAID $505, receipt number 0757-1989671 (cc: all counsel) (Forrest, Peter)
552014-10-31 PLEASE DISREGARD FILED IN ERROR7th Circuit Information Sheet re: 54 Notice of Appeal (jv) Modified on 10/31/2014 (jv).
562014-10-31 USCA Federal Circuit Information Sheet re: 54 Notice of Appeal (jv)
572014-10-31 Attorney Cover Letter re: 54 Notice of Appeal for Federal Circuit (Attachments: # 1 Docket Sheet)(jv)
582014-10-31 Transmission of Notice of Appeal and Docket Sheet to the Federal Circuit re 54 Notice of Appeal (jv)
592014-11-03 USCA Federal Circuit Case Number 15-1128 re: 54 Notice of Appeal filed by Typenex Medical LLC. (jv)
602014-11-05 Minute Entry for proceedings held before Judge Rudolph T Randa: Telephonic Scheduling Conference held on 11/5/2014. Supplemental Rule 26(a)(1) Initial Disclosures to be exchanged by 12/5/2014. Plaintiffs Lay Witness List due by 12/5/2014. Defendants Lay Witness List due by 12/5/2014. Amended Pleadings due by 12/10/2014. Discovery limited to damages until 1/16/2015. Parties Exchange List of Claim Terms on 3/9/2015. Parties Exchange Preliminary Proposed Construction of Claim Terms on 3/18/2015. Parties to Meet and Confer on List of Terms for Construction by 4/1/2015. Joint Claim Construction Statement due by 4/8/2015. Opening Claim Construction Briefs due 4/17/2015. Response Claim Construction Briefs due by 5/20/2015. Experts Reports due by 7/30/2015. Rebuttal Expert Reports due by 9/9/2015. Fact Discovery deadline is 6/26/2015. Expert Discovery due by 10/9/2015. Dispositive Motions due by 11/6/2015 or 21 days after the Court rules on claim construction motions. Markman Hearing set for 6/5/2015 09:30 AM in Courtroom 320, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge Rudolph T Randa. 3 hours are reserved for this hearing. Paragraphs 5 & 9 of the Joint Rule 26(f) Report [Doc. 53] regarding Electronically Stored Information are approved. (Zik, Linda) (Entered: 11/06/2014)
612014-11-06 SCHEDULING ORDER: signed by Judge Rudolph T Randa on 11/6/2014. (cc: all counsel)(Zik, Linda)
622014-11-06 STANDING ORDER RELATING TO THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION signed by Judge Rudolph T Randa on 11/6/2014. (cc: all counsel)(Zik, Linda)
632015-02-18 STIPULATION of Dismissal Joint Stipulation of Dismissal with Prejudice by Precision Dynamics Corporation. (Wilbert, Johanna)
642015-02-19 USCA Mandate (certified copy) as to 54 Notice of Appeal filed by Typenex Medical LLC USCA Number 15-1128. The parties having so agreed, it is ORDERED that the proceeding is DISMISSED under Fed. R. App. P. 42 (b). (jv)