Robert Bosch Healthcare Systems, Inc. v. CardioCom, LLC et al

Filing 153

ORDER RESETTING CMC. Case Management Statement due by 5/21/2015. Further Case Management Conference set for 5/28/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/17/15. (bpf, COURT STAFF) (Filed on 2/17/2015)

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BAS DE BLANK (State Bar No. 191487)
[e-mail]
SIDDHARTHA VENKATESAN (State Bar No. 245008)
[e-mail]
LILLIAN MAO (State Bar No. 267410)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
ROBERT BOSCH HEALTHCARE SYSTEMS, INC.

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DANIEL W. MCDONALD (Pro Hac Vice)
[e-mail]
WILLIAM D. SCHULTZ (Pro Hac Vice)
[e-mail]
MERCHANT GOULD P.C.
3200 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
CARDIOCOM, LLC

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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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ROBERT BOSCH HEALTHCARE
SYSTEMS, INC.,
Plaintiff,

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v.
CARDIOCOM, LLC and ABBOTT
DIABETES CARE, INC.,

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Defendants.

Case No. 14-cv-01575 EMC
JOINT SUPPLEMENTAL CASE
MANAGEMENT STATEMENT AND
[PROPOSED] ORDER
Date:
Time:
Dept:
Judge:

February 19, 2015
9:30 A.M.
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Edward M. Chen

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JOINT SUPPLEMENTAL CASE MANAGEMENT
STATEMENT & [PROPOSED] ORDER
CASE NO. 14-CV-01575 EMC
OHSUSA:761132540.4
OHSUSA:759412350.1

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Pursuant the Court’s November 20, 2014 Minute Order (Dkt. No. 151), Plaintiff Robert

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Bosch Healthcare Systems, Inc. (“Bosch”) and Defendant Cardiocom, LLC (“Cardiocom”)

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hereby supplement their previous joint case management statements (Dkt. Nos. 140, 150) with

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the current status of the post-grant review proceedings relevant to the Patents-in-Suit:

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IPR / Reexam
Case No.
IPR2013-00468 &
IPR2013-00469
(merged)

Patent
Claims
No.
Challenged
7,516,192 1-37 (all
claims)

90/013,269

7,516,192 1-10, 13-19, 37

IPR2013-00449

7,840,420 1-5 (all claims)

90/013,270

7,840,420 1-5 (all claims)

IPR2013-00431

7,921,186 1-16 (all
claims)

90/013,263

7,921,186 1-8

IPR2013-00451

7,587,469 1, 2, 5-10

90/013,175

7,587,469 1-22 (all
claims)

IPR2014-00488

7,769,605 1-9 (all claims)

90/013,167

7,769,605 1-9 (all claims)

IPR2014-00607

7,870,249 1, 2, 6-8, 11-13 IPR Instituted on all claims Sept. 2014
(merged with 2014-00691)
Oral Argument to be held on April 23,
2015. Bosch’s Motion to Terminate is

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Status
Final decision issued Jan. 27, 2015. All
challenged claims cancelled. Last day
to file Notice of Appeal is Mar. 31,
2015.
Non-Final Office Action mailed Oct. 3,
2014. Response filed Dec. 3, 2014.
Awaiting Office Action.
Final decision issued Jan. 15, 2015. All
challenged claims cancelled. Last day
to file Notice of Appeal is Mar. 19,
2015.
Non-Final Office Action mailed on
Nov. 21, 2014. Response filed Jan. 21,
2015. Awaiting Office Action.
Final decision issued Jan. 15, 2015. All
challenged claims cancelled. Last day
to file Notice of Appeal is Mar. 19,
2015.
Non-Final Office Action mailed Oct.
22, 2014. Response filed on Dec. 22,
2014. Awaiting Office Action.
Final decision issued Jan. 15, 2015. All
challenged claims cancelled. Last day
to file Notice of Appeal is Mar. 19,
2015.
Non-Final Office Action mailed Nov.
21, 2014. Response filed Jan. 21, 2015.
Awaiting Office Action.
IPR Instituted on all claims Sept. 2014.
Oral argument to be held on Apr. 23,
2015. Bosch’s Motion to Terminate is
pending. The Board to submit final
decision by Sept. 11, 2015.
Non-Final Office Action mailed Sept.
26, 2014. Response filed Nov. 26,
2015. Awaiting Office Action.

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OHSUSA:761132540.4
OHSUSA:759412350.1

JOINT SUPPLEMENTAL CASE MANAGEMENT
STATEMENT & [PROPOSED] ORDER
CASE NO. 14-CV-01575 EMC

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IPR / Reexam
Case No.

Patent
No.

Claims
Challenged

Status

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pending. The Board to submit final
decision by Sept. 11, 2015.
IPR Instituted Sept. 2014
Oral Argument to be held on April 23,
2015. Bosch’s Motion to Terminate is
pending. The Board to submit final
decision by Sept. 11. 2015.
Non-Final Office Action mailed Sep.
24, 2014. Response filed Nov. 24,
2014. Awaiting Office Action.

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In light of the Final Decisions issued by the Board, the potential for Bosch to appeal one

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or more of those Decisions, and Bosch’s pending motions to terminate in the two IPRs currently

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IPR2014-00691

7,870,249 3-5, 9, 10, 1429

90/013,262

7,870,249 14-18, 20-21,
23-26

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before the Board (IPR2014-00488 and IPR2014-00607), the parties do not believe the Case

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Management Conference, scheduled for February 19, 2015, will be necessary at this time and

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Bosch will not seek to lift the stay in place in this litigation until the PTAB’s conclusion of the

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two pending IPRs. Therefore, the parties respectfully request that the Court take the Case

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Management Conference off the calendar and allow the parties to file another supplemental

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status report with the Court within fourteen (14) days of the conclusion of the two IPRs currently

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pending before the Board and, in that report, the parties can set forth their position with respect

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to the stay.

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OHSUSA:761132540.4
OHSUSA:759412350.1

JOINT SUPPLEMENTAL CASE MANAGEMENT
STATEMENT & [PROPOSED] ORDER
CASE NO. 14-CV-01575 EMC

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Dated: February 12, 2015

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By: /s/ Bas de Blank
Bas de Blank, Bar No. 267410
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone: [phone]
Facsimile:[phone]

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Attorneys for Plaintiff
ROBERT BOSCH HEALTHCARE SYSTEMS, INC.

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Respectfully submitted,

Dated: February 12, 2015
By: /s/ William D. Schultz w/ permission Bas de Blank
William D. Schultz
[e-mail]
MERCHANT & GOULD P.C.
3200 ids Center
80 S. Eighth Street
Minneapolis, MN 55402-2215
Telephone: [phone]
Facsimile:[phone]

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Attorneys for Defendant
CARDIOCOM, LLC

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CASE MANAGEMENT ORDER

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The above JOINT CASE MANAGEMENT STATEMENT & PROPOSED ORDER is

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approved as the Case Management Order for this case and all parties shall comply with its

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provisions. [In addition, the Court makes the further orders stated below:]

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is rescheduled from 2/19/15 to 5/28/15 at 10:30 a.m.
shall be filed by 5/21/15.
IT IS SO ORDERED.
2/17/15

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OHSUSA:761132540.4
OHSUSA:759412350.1

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JUDGE EDWARD M. CHEN
UNITED STATES DERED JUDGE
OR DISTRICT

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JOINT SUPPLEMENTAL CASE MANAGEMENT
STATEMENT & [PROPOSED] ORDER
CASE NO. 14-CV-01575 EMC

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Dated:

An updated joint CMC statement

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The further CMC

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