Cogent Medicine Inc. v. Elsevier Inc

Filing 13

ORDER GRANTING REQUEST TO SCHEDULE CASE MANAGEMENT CONFERENCE re 12 Status Report filed by Cogent Medicine Inc. Signed by Magistrate Judge Maria-Elena James on 1/10/2014. (rmm2S, COURT STAFF) (Filed on 1/10/2014)

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GUTRIDE SAFIER LLP
ADAM J. GUTRIDE (State Bar No. 181446)
[e-mail]
SETH A. SAFIER (State Bar No. 197427)
[e-mail]
ANTHONY PATEK (State Bar No. 228964)
[e-mail]
MARIE A. MCCRARY (State Bar No. 262670)
[e-mail]
835 Douglass Street
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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COGENT MEDICINE INC.,
Plaintiff,

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Case No. 3:13-cv-4479
PLAINTIFF’S STATUS REPORT

v.
ELSEVIER INC.,
Defendant.

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Plaintiff Cogent Medicine, Inc. hereby submits its Status Report pursuant to the Court’s
December 30, 2013 Order. (Dkt. #9).
I.

Background

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Plaintiff is the owner of all right, title, and interest in United States Patent No. 7,133,879,
entitled “Personalized Library Interface for Providing Data to a User,” duly and legally issued by
the United States Patent and Trademark Office on November 7, 2006 (hereinafter, the “Asserted

PLAINTIFF’S STATUS REPORT

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Patent”). The Asserted Patent generally describes and claims a computer-implemented method for

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providing users with a personal library interface containing medical literature.

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Plaintiff was formed in 2000 by the inventors of the Asserted Patent, Dr. Alan Maloney

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and Dr. Brian Goldsmith, to provide medical professionals access to medical literature in a

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personalized library interface via its website (http://www.cogentmedicine.com).

In 2012,

Plaintiff sold its personalized library interface service and website to the American College of
Radiology

(the

“ACR”).

The

ACR

continues

to

operate

the

service

(https://www.acrjournaladvisor.com/). Plaintiff retains its rights in all its intellectual property,
including the Asserted Patent, and Drs. Maloney and Goldsmith continue to control Plaintiff.

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Plaintiff alleges that Defendant Elsevier, Inc. (“Defendant”) has infringed and continues to

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infringe the Asserted Patent by making, using, offering to sell, selling, and/or importing into the

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United States at least the MD Consult, First Consult, and Clinical Key products and services,
accessible

through

at

least

http://www.mdconsult.com,

http://firstconsult.com,

http://www.clinicalkey.com, and the iOS First Consult mobile application.

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II.

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After Plaintiff filed its complaint on September 27, 2013, the parties engaged in

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preliminary settlement discussions. On November 14, 2013, Plaintiff sent a Request for Waiver

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Status of Case

of Service to Defendant pursuant to Fed. R. Civ. Pro. 4(d)(1). (See Dkt. #7.) Defendant executed
the Waiver of Service and Plaintiff filed the waiver on November 14, 2013. (Id.) Accordingly,

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pursuant to Fed. R. Civ. Pro. 4(d)(3), Defendant’s deadline to answer the Complaint was
originally January 13, 2014. (Id.)

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Thereafter, Defendant engaged litigation counsel. Defendant requested that Plaintiff agree

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to an extension to Defendant’s January 13 deadline to answer the Complaint. Plaintiff agreed to a

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two-week extension of Defendant’s deadline to answer the Complaint. Accordingly, on January

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-2PLAINTIFF’S STATUS REPORT

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7, 2014, Defendant filed the parties’ stipulation to extend Defendant’s deadline to answer the

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Complaint to January 27, 2014. (Dkt. #11.)

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III.

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Plaintiff requests that this Court issue a revised ADR Scheduling Order, resetting the

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Next Steps

deadline for the parties to file a case management statement to January 31, 2014, and resetting the
March
initial case management conference to February 6, 2014 at 10:00 AM.
Respectfully submitted,

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Dated: January 9, 2014

GUTRIDE SAFIER LLP

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ER

R NIA

ERED

ames
-Elena J

LI

aria
Judge M

H

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RT

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NO

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O ORD
IT IS S

/s/ Marie A. McCrary
/
Adam J. Gutride, Esq.
Seth A. Safier, Esq.
Anthony Patek, Esq.
Marie A. McCrary, Esq.
835 Douglass Street
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]
Attorneys for Cogent Medicine Inc.

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UNIT
ED

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O

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S

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ISTRIC
ES D
TC
AT
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FO

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Dated:

F
D IS T IC T O
R

C

January 10, 2014

The parties shall appear on March 6, 2014 at 10:00 a.m, for
a Case Management Conference, in Courtroom B, 15th Floor,
before Magistrate Judge Maria-Elena James. A Joint Case
Management Statement shall be E-filed no later than February
27, 2014.

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-3PLAINTIFF’S STATUS REPORT