This case was last updated from PACER on 05/25/2016 at 05:46:18 (UTC).

Cayenne Medical Incorporated v. MedShape Incorporated

Case Summary

On 03/06/2014 Cayenne Medical Incorporated filed an Intellectual Property - Patent lawsuit against MedShape Incorporated. This case was filed in U.S. District Courts, Arizona District. The Judge overseeing this case is Judge H Russel Holland. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:14-CV-00451

  • Filing Date:

    03/06/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Arizona District

Judge Details

Judge

Judge H Russel Holland

 

Party Details

Plaintiff and Counter Defendant

Cayenne Medical Incorporated

Defendants and Counter Claimants

MedShape Incorporated

Timothy Nash

Joshua Ray

Kurt Jacobus

Ken Gall

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Trisha Dyan Farmer

Attorney at Snell & Wilmer LLP - Phoenix, AZ

1 Arizona Center, 400 E Van Buren

Phoenix, AZ 85004-2202

David Gary Barker

Attorney at Snell & Wilmer LLP

1 Arizona Ctr., 400 E Van Buren

Phoenix, AZ 85004

Charles F Hauff

Attorney at Snell & Wilmer LLP

1 Arizona Ctr, 400 E Van Buren

Phoenix, AZ 85004-0001

Christy G Lea

Attorney at Knobbe Martens Olson & Bear LLP - Irvine, CA

2040 Main St., 14Th Fl.

Irvine, CA 92614

Jenna C Kelleher

Attorney at Knobbe Martens Olson & Bear LLP - Irvine, CA

2040 Main St., 14Th Fl.

Irvine, CA 92614

Joseph Francis Jennings

Attorney at Knobbe Martens Olson & Bear LLP - Irvine, CA

2040 Main St., 14Th Fl.

Irvine, CA 92614

Defendant and Counter Claimant Attorneys

Erick Sean Ottoson

Attorney at Osborn Maledon PA

P.O. Box 36379

Phoenix, AZ 85067-6379

Brett L Dunkelman

Attorney at Osborn Maledon PA

P.O. Box 36379

Phoenix, AZ 85067-6379

Eric Michael Fraser

Attorney at Osborn Maledon PA

P.O. Box 36379

Phoenix, AZ 85067-6379

John Thomas Gallagher

Attorney at Hoffmann & Baron LLP

6900 Jericho Turnpike

Syosset, NY 11791

 

Court Documents

#1

(#1) COMPLAINT. Filing fee received: $400.00, receipt number PHX 0970-10201758 filed by Cayenne Medical Incorporated. (submitted by Trisha Farmer) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(REK) (Entered: 03/06/2014)

#2

(#2) SUMMONS Submitted by Cayenne Medical Incorporated. (submitted by Trisha Farmer) (REK) (Entered: 03/06/2014)

#3

(#3) Corporate Disclosure Statement by Cayenne Medical Incorporated. (submitted by Trisha Farmer) (REK) (Entered: 03/06/2014)

#4

(#4) Filing fee paid, receipt number PHX 0970-10201758. This case has been assigned to the Honorable Bridget S. Bade. All future pleadings or documents should bear the correct case number: CV-14-00451-PHX-BSB. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 03/06/2014)

#5

(#5) Summons Issued as to MedShape Incorporated. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/06/2014)

#6

(#6) MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Please complete the form that is applicable to your particular case. In some cases, you may need to complete both forms.Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (REK) (Entered: 03/06/2014)

#7

(#7) NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Cayenne Medical Incorporated. Other: Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet with the filing of a new case. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 03/06/2014)

#8

(#8) NOTICE of Filing - Copyright, Trademark or Patent Information filed by Cayenne Medical Incorporated. (Farmer, Trisha) (Entered: 03/06/2014)

#9

(#9) Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/10/2014)

#127

(#127) ORDER FROM CHAMBERS: Telephonic Conference re: Oral Argument on 92 Motion to Dismiss and 93 Motion to Dismiss or Stay All Proceedings and to Compel Arbitration set for 9/9/2015 at 09:00 AM before Judge H Russel Holland (see document for further details). (KGM) (Entered: 08/27/2015)

#128

(#128) MINUTE ENTRY for proceedings held before Judge H Russel Holland: taking under advisement 92 Motion to Dismiss for Lack of Jurisdiction; taking under advisement 93 Motion to Dismiss for Lack of Jurisdiction; Motion Hearing held on 9/9/2015. Court ordered Mr. Gallagher to file a notice with this court re status of the Patent Trial and Appeal case. Christy Lea appearing telephonically for Plaintiff, John Gallagher appearing telephonically for Defendant. (ECRO Suzannette David-Waters.) Hearing held 9:01 AM to 9:45 AM.(KGM) (Entered: 09/10/2015)

#129

(#129) NOTICE re: Status of Petitions Requesting Inter Partes Review of U.S. Patent Nos. 7,651,528 and 8,435,294 by MedShape Incorporated . (Gallagher, John) (Entered: 09/11/2015)

#130

(#130) ORDER granting 92 Defendants Jacobus' and Galls' Motion to Dismiss for Lack of Jurisdiction. Cayenne's claims against Jacobus and Gall are dismissed without prejudice. See Order for full details. Signed by Judge H Russel Holland on 9/15/15.(SJF) (Entered: 09/15/2015)

#131

(#131) ORDER: because all of Cayenne's claims against Nash and Ray are subject to arbitration, dismissal is appropriate. Nash's and Ray's motion to dismiss and to compel arbitration is granted. Cayenne's claims against Nash and Ray are dismissed without prejudice. Signed by Judge H Russel Holland on 9/15/15.(SJF) (Entered: 09/15/2015)

#132

(#132) NOTICE re: Status of Petitions Requesting Inter Partes Review of U.S. Patent Nos. 7,651,528 and 8,435,294 by MedShape Incorporated . (Attachments: # 1 Exhibit IPR2015-00847, # 2 Exhibit IPR2015-00848)(Gallagher, John) (Entered: 09/16/2015)

#133

(#133) MOTION for Partial Summary Judgment of Invalidity of Claims 6-11 and 13 of U.S. Patent No. 8,435,294 by MedShape Incorporated. (Attachments: # 1 Exhibit Index of Exhibits, # 2 IPR2015-00848 Decision, # 3 IPR2015-00847 Decision, # 4 U.S. Patent No. 8,435,294, # 5 Excerpts from Transcript of Markman Hearing, # 6 MedShape's Petition for Inter Partes Review, # 7 Cayenne's Preliminary Response)(Gallagher, John) (Entered: 09/28/2015)

#134

(#134) RESPONSE to Motion re: 133 MOTION for Partial Summary Judgment of Invalidity of Claims 6-11 and 13 of U.S. Patent No. 8,435,294 filed by Cayenne Medical Incorporated. (Attachments: # 1 Exhibit Index and Exhibits 1-12)(Lea, Christy) (Entered: 11/02/2015)

#135

(#135) REPLY to Response to Motion re: 133 MOTION for Partial Summary Judgment of Invalidity of Claims 6-11 and 13 of U.S. Patent No. 8,435,294 filed by MedShape Incorporated. (Attachments: # 1 Index of Exhibits and Exhibits G and H)(Gallagher, John) (Entered: 11/20/2015)

123 More Documents Available

 

Docket Entries

  • 11/20/2015
  • View Court Documents
  • (#135) REPLY to Response to Motion re: 133 MOTION for Partial Summary Judgment of Invalidity of Claims 6-11 and 13 of U.S. Patent No. 8,435,294 filed by MedShape Incorporated. (Attachments: # 1 Index of Exhibits and Exhibits G and H)(Gallagher, John) (Entered: 11/20/2015)

    Read MoreRead Less
  • 11/02/2015
  • View Court Documents
  • (#134) RESPONSE to Motion re: 133 MOTION for Partial Summary Judgment of Invalidity of Claims 6-11 and 13 of U.S. Patent No. 8,435,294 filed by Cayenne Medical Incorporated. (Attachments: # 1 Exhibit Index and Exhibits 1-12)(Lea, Christy) (Entered: 11/02/2015)

    Read MoreRead Less
  • 09/28/2015
  • View Court Documents
  • (#133) MOTION for Partial Summary Judgment of Invalidity of Claims 6-11 and 13 of U.S. Patent No. 8,435,294 by MedShape Incorporated. (Attachments: # 1 Exhibit Index of Exhibits, # 2 IPR2015-00848 Decision, # 3 IPR2015-00847 Decision, # 4 U.S. Patent No. 8,435,294, # 5 Excerpts from Transcript of Markman Hearing, # 6 MedShape's Petition for Inter Partes Review, # 7 Cayenne's Preliminary Response)(Gallagher, John) (Entered: 09/28/2015)

    Read MoreRead Less
  • 09/16/2015
  • View Court Documents
  • (#132) NOTICE re: Status of Petitions Requesting Inter Partes Review of U.S. Patent Nos. 7,651,528 and 8,435,294 by MedShape Incorporated . (Attachments: # 1 Exhibit IPR2015-00847, # 2 Exhibit IPR2015-00848)(Gallagher, John) (Entered: 09/16/2015)

    Read MoreRead Less
  • 09/15/2015
  • View Court Documents
  • (#131) ORDER: because all of Cayenne's claims against Nash and Ray are subject to arbitration, dismissal is appropriate. Nash's and Ray's motion to dismiss and to compel arbitration is granted. Cayenne's claims against Nash and Ray are dismissed without prejudice. Signed by Judge H Russel Holland on 9/15/15.(SJF) (Entered: 09/15/2015)

    Read MoreRead Less
  • 09/15/2015
  • View Court Documents
  • (#130) ORDER granting 92 Defendants Jacobus' and Galls' Motion to Dismiss for Lack of Jurisdiction. Cayenne's claims against Jacobus and Gall are dismissed without prejudice. See Order for full details. Signed by Judge H Russel Holland on 9/15/15.(SJF) (Entered: 09/15/2015)

    Read MoreRead Less
  • 09/11/2015
  • View Court Documents
  • (#129) NOTICE re: Status of Petitions Requesting Inter Partes Review of U.S. Patent Nos. 7,651,528 and 8,435,294 by MedShape Incorporated . (Gallagher, John) (Entered: 09/11/2015)

    Read MoreRead Less
  • 09/09/2015
  • View Court Documents
  • (#128) MINUTE ENTRY for proceedings held before Judge H Russel Holland: taking under advisement 92 Motion to Dismiss for Lack of Jurisdiction; taking under advisement 93 Motion to Dismiss for Lack of Jurisdiction; Motion Hearing held on 9/9/2015. Court ordered Mr. Gallagher to file a notice with this court re status of the Patent Trial and Appeal case. Christy Lea appearing telephonically for Plaintiff, John Gallagher appearing telephonically for Defendant. (ECRO Suzannette David-Waters.) Hearing held 9:01 AM to 9:45 AM.(KGM) (Entered: 09/10/2015)

    Read MoreRead Less
  • 08/27/2015
  • View Court Documents
  • (#127) ORDER FROM CHAMBERS: Telephonic Conference re: Oral Argument on 92 Motion to Dismiss and 93 Motion to Dismiss or Stay All Proceedings and to Compel Arbitration set for 9/9/2015 at 09:00 AM before Judge H Russel Holland (see document for further details). (KGM) (Entered: 08/27/2015)

    Read MoreRead Less
  • 06/26/2015
  • View Court Documents
  • (#126) NOTICE of Service of Discovery filed by Cayenne Medical Incorporated. (Lea, Christy) (Entered: 06/26/2015)

    Read MoreRead Less
115 More Docket Entries
  • 03/10/2014
  • View Court Documents
  • (#10) MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge H. Russel Holland. All further pleadings/papers should now list the following COMPLETE case number: CV-14-451-PHX-HRH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/10/2014)

    Read MoreRead Less
  • 03/07/2014
  • View Court Documents
  • (#9) Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/10/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#8) NOTICE of Filing - Copyright, Trademark or Patent Information filed by Cayenne Medical Incorporated. (Farmer, Trisha) (Entered: 03/06/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#7) NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Cayenne Medical Incorporated. Other: Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet with the filing of a new case. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 03/06/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#6) MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Please complete the form that is applicable to your particular case. In some cases, you may need to complete both forms.Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (REK) (Entered: 03/06/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#5) Summons Issued as to MedShape Incorporated. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/06/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#4) Filing fee paid, receipt number PHX 0970-10201758. This case has been assigned to the Honorable Bridget S. Bade. All future pleadings or documents should bear the correct case number: CV-14-00451-PHX-BSB. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 03/06/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#3) Corporate Disclosure Statement by Cayenne Medical Incorporated. (submitted by Trisha Farmer) (REK) (Entered: 03/06/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#2) SUMMONS Submitted by Cayenne Medical Incorporated. (submitted by Trisha Farmer) (REK) (Entered: 03/06/2014)

    Read MoreRead Less
  • 03/06/2014
  • View Court Documents
  • (#1) COMPLAINT. Filing fee received: $400.00, receipt number PHX 0970-10201758 filed by Cayenne Medical Incorporated. (submitted by Trisha Farmer) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(REK) (Entered: 03/06/2014)

    Read MoreRead Less