Xiros, Ltd. v. DePuy Synthes Sales, Inc

Docket(#130) STIPULATION of Dismissal With Prejudice by Xiros, Ltd.. (Ting, Michael) (Entered: 07/24/2023)

Docket(#129) District Judge Angel Kelley: SETTLEMENT ORDER OF DISMISSAL entered. (Lara, Miguel) (Entered: 07/14/2023)

Docket(#128) Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Status Conference held on 7/14/2023 by video conference.Case called. The parties have reported the matter settled and anticipate filing dismissal papers within 30 days. All future hearings have been cancelled. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Natasha E. Daughtrey for Plaintiff; Lisa Glasser and Jenna L. LaPointe for Defendant) (Lara, Miguel) (Entered: 07/14/2023)

Docket(#127) District Judge Angel Kelley: ELECTRONIC ORDER entered re #126 Joint Motion to Continue Motion Hearing. The motion hearing previously scheduled for 7/14/23 will be converted to a status conference. NOTICE RESETTING HEARING: Status Conference set for 7/14/2023 02:30 PM in Remote Proceeding : Boston before District Judge Angel Kelley. **NO CHANGES TO EXISTING DATE/TIME**(Lara, Miguel) (Entered: 07/10/2023)

Docket(#126) Joint MOTION to Continue Motion Hearing by DePuy Synthes Sales, Inc..(LaPointe, Jenna) (Entered: 07/10/2023)

Docket(#125) ELECTRONIC NOTICE Setting Hearing on Motion #104 MOTION to Strike #94 Answer to Amended Complaint : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 7/14/2023 02:30 PM in Remote Proceeding : Boston before District Judge Angel Kelley. (Lara, Miguel) (Entered: 07/07/2023)

Docket(#124) NOTICE Resetting a Hearing:Claim Construction Hearing reset to 8/9/2023 09:30 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) (Entered: 05/19/2023)

Docket(#123) District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court ADOPTS the parties' joint scheduling order and sets the following deadlines:SCHEDULING ORDER DEADLINES:Amendments to pleadings due no later than 6/15/2023Plaintiff shall narrow number of asserted claims to no more than 30 by 6/15/23. Plaintiff shall then narrow its asserted claims to no more than 15 within 14 days of the Court's issuance of its claim construction order. Claim construction hearing set for 8/8/2023 at 9:30am in Courtroom 8All depositions of trial experts must be completed by 8/21/2024. Dispositive motions due by 9/9/2024Oppositions due by 9/30/2024Reply memoranda, not to exceed 10 pages, due by 10/14/2024For all other deadlines, please refer to the attached scheduling order.NOTICE OF HEARING: Status Conference set for 5/16/2024 11:30 AM in Remote Proceeding : Boston before District Judge Angel Kelley. Jury Trial set for 1/27/2025 09:00 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) (Entered: 05/04/2023)

Docket(#122) JOINT SUBMISSION pursuant to Local Rule 16.1 [Revised] by Xiros, Ltd..(Larochelle, Christie) (Entered: 04/27/2023)

Docket(#121) District Judge Angel Kelley: ELECTRONIC ORDER entered. In accordance with the Courts instructions at the April 13, 2023, status conference, the parties shall file a revised proposed schedule by April 27, 2023. The revised proposal shall include the following dates:The Court ORDERS Plaintiff to narrow its claims to no more than 30 to focus the issues before the Court prior to the claim construction hearing. Plaintiff shall then narrow its claims to no more than 15 within 14 days of the Courts issuance of the claim construction order. Upon a showing of diligence, and with due consideration for prejudice, a party may seek to modify this order for good cause shown. Any request to increase the limits contained in this order must specifically show why the inclusion of additional asserted claims is warranted. See In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1202, 131213 (Fed. Cir. 2011) (it is within the Courts discretion to limit the number of the patentees claims, so long as that limit is not immutable); see also Fed. R. Civ. P. 1 (courts have an obligation to strive for just, speedy, and inexpensive determination).Claim construction hearing is scheduled for August 8, 2023, at 9:30 a.m. Trial to begin on January 27, 2025. Additionally, the Court allows the deposition of Dr. Bahaa Seedham to take place over two (2) days for no more than seven (7) hours per day. See Fed. R. Civ. P. 30(d)(1). Should Defendant require a third day, the parties must confer and agree. If the parties disagree, Defendant may file a motion requesting additional time.(Lara, Miguel) (Entered: 04/20/2023)

Docket(#8) Summons Issued as to Chad Connor, M.D.. (lad) (Entered: 06/29/2021)

Docket(#7) Summons Issued as to DePuy Orthopaedics, Inc.. (lad) (Entered: 06/29/2021)

Docket(#6) Summons Issued as to DePuy Synthes, Inc.. (lad) (Entered: 06/29/2021)

Docket(#5) Summons Issued as to Jacob Battle, M.D.. (lad) (Entered: 06/29/2021)

Docket(#4) Summons Issued as to Ascension Medical Group Providence Orthopedic and Sports Medicine. (lad) (Entered: 06/29/2021)

DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/29/2021)

DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 06/29/2021)

Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by Xiros, Ltd.. (Connor, Cabrach) (Entered: 06/28/2021)

Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Connor, Cabrach) (Entered: 06/28/2021)

Docket(#1) COMPLAINT For Patent Infringement ( Filing fee $ 402 receipt number 0542-14961450). No Summons requested at this time, filed by Xiros, Ltd.. (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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Civil Cover Sheet)(Connor, Cabrach) (Entered: 06/28/2021)