UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT NOTICE OF DOCKETING 17-1302 - CardiAQ Valve Technologies v. Neovasc Inc. Date of docketing: December 1, 2016 Appeal from: United States District Court for the District of Massachusetts case no. 1:14-cv-12405-ADB Appellant(s): Neovasc Inc., Neovasc Tiara Inc. Critical dates include: • Date of docketing. See Fed. Cir. R. 12. • Entry of appearance. (Due within 14 days of the date of docketing.) See Fed. Cir. R. 47.3. • Certificate of interest. (Due within 14 days of the date of docketing.) See Fed. Cir. R. 47.4. • Docketing Statement. (Due within 14 days of the date of docketing or within 30 days if the United States or its officer or agency is a party in the appeal.) [Only in cases where all parties are represented by counsel. See Fed. Cir. R. 33.1 and the mediation guidelines available at www.cafc.uscourts.gov.] • Requests for extensions of time. See Fed. Cir. R. 26 and 27. N.B. Delayed requests are not favored by the court. • Briefs. See Fed. Cir. R. 31. N.B. You will not receive a separate briefing schedule from the Clerk's Office. • Settlement discussions. See Fed. Cir. R. 33. • ORAL ARGUMENT SCHEDULE CONFLICTS: Counsel should advise the clerk in writing within 30 days once briefing is completed of potential scheduling conflicts or as soon as they are known and should not wait until an actual conflict arises. Once scheduled, a case will not be postponed except on motion showing compelling reasons. See Practice Note following Fed. Cir. R. 34. The official caption is reflected on the electronic docket under the listing of the parties and counsel. The Rules of Practice and required forms are available at www.cafc.uscourts.gov. Peter R. Marksteiner Clerk of Court cc: United States District Court for the District of Massachusetts Charles Tait Graves John B. Sganga Jr. Case: 17-1302 Document: 1-1 Page: 1 Filed: 12/01/2016 (1 of 142)
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UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
NOTICE OF DOCKETING
17-1302 - CardiAQ Valve Technologies v. Neovasc Inc.
Date of docketing: December 1, 2016
Appeal from: United States District Court for the District of Massachusetts case no. 1:14-cv-12405-ADB
Appellant(s): Neovasc Inc., Neovasc Tiara Inc.
Critical dates include:
• Date of docketing. See Fed. Cir. R. 12. • Entry of appearance. (Due within 14 days of the date of docketing.) See Fed. Cir. R. 47.3. • Certificate of interest. (Due within 14 days of the date of docketing.) See Fed. Cir. R. 47.4. • Docketing Statement. (Due within 14 days of the date of docketing or within 30 days if the United States or
its officer or agency is a party in the appeal.) [Only in cases where all parties are represented by counsel. See Fed. Cir. R. 33.1 and the mediation guidelines available at www.cafc.uscourts.gov.]
• Requests for extensions of time. See Fed. Cir. R. 26 and 27. N.B. Delayed requests are not favored by the court.
• Briefs. See Fed. Cir. R. 31. N.B. You will not receive a separate briefing schedule from the Clerk's Office.
• Settlement discussions. See Fed. Cir. R. 33. • ORAL ARGUMENT SCHEDULE CONFLICTS: Counsel should advise the clerk in writing within 30 days
once briefing is completed of potential scheduling conflicts or as soon as they are known and should not wait until an actual conflict arises. Once scheduled, a case will not be postponed except on motion showing compelling reasons. See Practice Note following Fed. Cir. R. 34.
The official caption is reflected on the electronic docket under the listing of the parties and counsel. The Rules of Practice and required forms are available at www.cafc.uscourts.gov.
Peter R. Marksteiner Clerk of Court
cc: United States District Court for the District of Massachusetts Charles Tait Graves John B. Sganga Jr.
NEOVASC’S NOTICE OF APPEAL 2 CASE NO. 1:14-CV-12405-ADB
Dated: November 30, 2016 Respectfully submitted,
/s/ Charles T. Graves Charles T. Graves (pro hac vice)
Douglas H. Carsten (pro hac vice) Peter S. Kang (pro hac vice) WILSON SONSINI GOODRICH & ROSATI, P.C. 12235 El Camino Real, Suite 200 San Diego, CA 92130 Phone: 858-350-2305 Fax: 858-350-2399 Email: [email protected] Email: [email protected]
John P. Flynn (pro hac vice) Charles T. Graves (pro hac vice) Corina I. Cacovean (pro hac vice) Joshua A. Baskin (pro hac vice) WILSON SONSINI GOODRICH & ROSATI, P.C. One Market Plaza Spear Tower, Suite 3300 San Francisco, CA 94105 Phone: 415-947-2109 Fax: 415-947-2099 Email: [email protected]; [email protected][email protected]; [email protected]
Veronica Susana Ascarrunz (pro hac vice) WILSON SONSINI GOODRICH & ROSATI, P.C. 1700 K Street, NW, Fifth Floor Washington, DC 20006 Phone : 202-973-8812 Fax: 202-973-8899 Email: [email protected]
Joel C. Boehm (pro hac vice) WILSON SONSINI GOODRICH & ROSATI, P.C. 900 South Capital of Texas Hwy Las Cimas IV, Fifth Floor Austin, TX 78746-5546 Phone: 512-338-5400 Fax: 512-338-5499 Email: [email protected]
Case 1:14-cv-12405-ADB Document 621 Filed 12/01/16 Page 2 of 4
*Admitted only in Illinois and New York; practicing law in the District of Columbia pending approval of application for admission under the supervision of Firm principals who are D.C. Bar members
Case 1:14-cv-12405-ADB Document 621 Filed 12/01/16 Page 3 of 4
___ United States District Court for the ____________________________________ ___ United States Court of International Trade ___ United States Court of Federal Claims ___ United States Court of Appeals for Veterans ClaimsType of case: ________________________________________
_____________________ v. _____________________
(List all parties. Use an asterisk to indicate dismissed or withdrawn parties. Use a separate sheet if needed. Explain any discrepancy with the caption used on the judgment, order, or opinion.)Docket No. _____________________ Date of Judgment or Order __________________Cross or related appeal? __________ Date of Notice of Appeal __________________Appellant is: _____ Plaintiff _____Defendant _____Other (explain)_________________FEES: Court of Appeals docket fee paid? _____Yes _____No U.S. Appeal? _____Yes _____No In forma pauperis? _____Yes _____NoIs this matter under seal? _____Yes _____NoCOUNSEL: (List name, firm, address, and telephone of lead counsel for each party. Indicate party represented. Use separate sheet if needed.)____________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _______________________________________________COURT REPORTER: (Name and telephone): _______________________________________
IMPORTANT: Attach a copy of the judgment or order appealed from and any supporting opinion or memorandum. Forward together with a copy of the notice of appeal and certified docket entries.
Clerk of CourtUnited States Court of Appeals for the Federal Circuit
717 Madison Place, NWWashington, DC 20439
Form 7
✔ DISTRICT OF MASSACHUSETTS
PATENT INFRINGEMENT
CardiAQ Valve Technologies, Inc. Neovasc Inc. et al
14cv12405-ADB November 21, 2016
December 1, 2016
✔
✔
✔
✔
✔
Brian C. Horne Knobbe Martens Olsen & Bear LLP 1901 Avenue of the Stars Suite 1500 Los Angeles CA 90067 310-551-3450 [email protected]
Charles Graves Wilson Sonsini Goodrich Rosati, PC One Market Spear Tower Suite 3300 San Francisco CA 94105 415-947-2156 [email protected]
United States District CourtDistrict of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:14−cv−12405−ADB
CardiAQ Valve Technologies, Inc. v. Neovasc Inc. et alAssigned to: Judge Allison D. Burroughsrelated Case: 1:16−cv−12246−ADBCause: 35:145 Patent Infringement
Date Filed: 06/06/2014Jury Demand: BothNature of Suit: 830 PatentJurisdiction: Federal Question
Plaintiff
CardiAQ Valve Technologies, Inc. represented byBrian C. HorneKnobbe, Martens, Olson & Bear, LLP1901 Avenue of the StarsSuite 1500Los Angeles, CA 90067(310) 551−3450Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Christy G. LeaKnobbe Martens2040 Main Street14th FloorIrvine, CA949−760−0404Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Hans L. MayerKnobbe, Martens, Olson & Bear LLP14th Floor2040 Main StreetIrvine, CA 92614−9261949−760−0404Fax: 949−760−0404Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Jenna C. KelleherKnobbe Martens2040 Main Street14th FloorIrvine, CA 92614
(949) 949−0404Email: [email protected]: 08/12/2016LEAD ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
John W. HolcombKnobbe, Martens, Olsen & Bear2040 Main StreetFourteenth FloorIrvine, CA 92614949−760−0404Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
John B. Sganga , Jr.Knobbe Martens Olson & Bear LLP2400 Main Street14th FloorIrvine, CA 92614949−760−0404Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Joshua StowellKnobbe Martens2040 Main Street14th FloorIrvine, CA 92614949−760−0404Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Mark A. SpeegleKnobbe Martens2040 Main Street14th FloorIrvine, CA949−760−0404Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
9582 Featherhill DriveVilla Park, CA 92861714−941−0579Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Devon H.M. VillarrealPartridge Snow & Hahn30 Federal StreetBoston, MA 02110617−292−7900Email: [email protected] TO BE NOTICED
Randall T. Weeks , Jr.Partridge Snow & Hahn, LLP128 Union StreetNew Bedford, MA 02740401−861−8200Fax: 401−861−8210Email: [email protected] TO BE NOTICED
Robert J. KalerHolland & Knight LLP10 St. James AvenueBoston, MA 02116617−854−1443Fax: 617−523−6850Email: [email protected] TO BE NOTICED
V.
Defendant
Neovasc Inc. represented byCharles Tait GravesWilson, Sonsini, Goodrich Rosati, P.C.One Market Spear TowerSuite 3300San Francisco, CA 94105415−947−2156Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Palo Alto, CA 94304650−493−9300Fax: 650−565−5100Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Corina CacoveanWilson Sonsini Goodrich & RosatiOne Market PlazaSpear TowerSuite 3300San Francisco, CA 94105(415) 947−2000Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Douglas H. CarstenWILSON SONSINI GOODRICH &ROSATI12235 El Camino RealSuite 200San Diego, CA 92130858−350−2300Fax: 858−350−2399Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Elham Firouzi SteinerWilson Sonsini Goodrich & Rosati12235 El Camino RealSuite 200San Diego, CA 92130(858) 350−2300Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Joel C. BoehmWILSON SONSINI GOODRICH&ROSATI900 South Capital of Texas Highway LasCimas IV5th FloorAustin, TX 78746(512) 338−5400
John FlynnWilson Sonsini Goodrich & RosatiOne Market PlazaSpear TowerSuite 3300San Francisco, CA 94105(415) 947−2000Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Joshua A. BaskinWILSON SONSINI GOODRICH&ROSATIOne Market PlazaSpear TowerSuite 3300San Francisco, CA 94105(415) 947−2000Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Michael L. ChinitzRose, Chinitz & Rose1 Beacon Street23rd FloorBoston, MA 02108617−536−0040Fax: 617−536−4400Email: mlc@rose−law.netLEAD ATTORNEYATTORNEY TO BE NOTICED
Peter S. KangWilson Sonsini Goodrich & Rosati, PC12235 El Camino RealSuite 200San Diego, CA 92130−3002(858) 350−2300Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Shaun R. SnaderWilson Sonsini Goodrich & Rosati, PC1700 K Street NWFifth FloorWashington, DC 20006−3817(202) 973−8800Email: [email protected]: 11/20/2014LEAD ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Veronica AscarrunzFoley & Lardner LLP3000 K Street NW, Suite 500Washington, DC 20007−5143(202) 973−8812Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED
Alan D. Rose , Sr.Rose, Chinitz & RoseOne Beacon Street23rd FloorBoston, MA 02108617−536−0040Fax: 617−536−4400Email: adr@rose−law.netATTORNEY TO BE NOTICED
Bernard A. FlanaganRose, Chinitz & RoseOne Beacon Street23rd FloorBoston, MA 02108617−536−0040Email: baf@rose−law.netATTORNEY TO BE NOTICED
Gerard D. O'SheaWilson Sonsini Goodrich & Rosati P.C.1301 Avenue of the Americas, 40th Flr.New York, NY 10019212−497−7785Email: [email protected] TO BE NOTICED
Meredith Wilson DotyRose, Chinitz & RoseOne Beacon Street, Fourth Floor
06/06/2014 3 EXHIBIT s to Complaint by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5Exhibit E)(Weeks, Randall) (Entered: 06/06/2014)
06/06/2014 4 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gortonassigned to case. If the trial Judge issues an Order of Reference of any matterin this case to a Magistrate Judge, the matter will be transmitted to MagistrateJudge Marianne B. Bowler. (Abaid, Kimberly) (Entered: 06/06/2014)
06/06/2014 5 Summons Issued as to Neovasc Inc., Neovasc Tiara Inc.. Counsel receivingthis notice electronically should download this summons, complete one foreach defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1.Summons will be mailed to plaintiff(s) not receiving notice electronicallyfor completion of service. (Flaherty, Elaine) (Entered: 06/06/2014)
07/21/2014 6 SUMMONS Returned Executed Neovasc Inc. served on 7/8/2014, answer due7/29/2014. (Weeks, Randall) (Entered: 07/21/2014)
07/21/2014 7 SUMMONS Returned Executed Neovasc Tiara Inc. served on 7/8/2014,answer due 7/29/2014. (Weeks, Randall) (Entered: 07/21/2014)
07/25/2014 8 MOTION for Leave to Appear Pro Hac Vice for admission of Vito A. Canuso,III Filing fee: $ 100, receipt number 0101−5119191 by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Exhibit A)(Weeks, Randall) (Entered:07/25/2014)
07/25/2014 9 MOTION for Leave to Appear Pro Hac Vice for admission of John W.Holcomb Filing fee: $ 100, receipt number 0101−5119234 by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Exhibit A)(Weeks, Randall) (Entered:07/25/2014)
07/25/2014 10 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 8Motion for Leave to Appear Pro Hac Vice Added Vito A. Canuso, III.;granting 9 Motion for Leave to Appear Pro Hac Vice Added John W.Holcomb Attorneys admitted Pro Hac Vice must register for electronicfiling if the attorney does not already have an ECF account in this district.To register go to the Court website at www.mad.uscourts.gov. Select CaseInformation, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. (Moore, Kellyann) (Entered: 07/25/2014)
07/28/2014 11 MOTION for Leave to Appear Pro Hac Vice for admission of John B. Sganga,Jr. Filing fee: $ 100, receipt number 0101−5121334 by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Exhibit A)(Weeks, Randall) (Entered:07/28/2014)
07/29/2014 12 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 11Motion for Leave to Appear Pro Hac Vice Added John B. Sganga, Jr.Attorneys admitted Pro Hac Vice must register for electronic filing if theattorney does not already have an ECF account in this district. To registergo to the Court website at www.mad.uscourts.gov. Select Case
Information, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. (Moore, Kellyann) (Entered: 07/29/2014)
07/29/2014 13 MOTION for Leave to Appear Pro Hac Vice for admission of Charles TaitGraves Filing fee: $ 100, receipt number 0101−5123858 by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Exhibit A, # 2 Text of ProposedOrder)(O'Shea, Gerard) (Entered: 07/29/2014)
07/29/2014 14 MOTION for Leave to Appear Pro Hac Vice for admission of Douglas H.Carsten Filing fee: $ 100, receipt number 0101−5123988 by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Exhibit A, # 2 Text of ProposedOrder)(O'Shea, Gerard) (Entered: 07/29/2014)
07/29/2014 15 MOTION for Leave to Appear Pro Hac Vice for admission of Peter S. KangFiling fee: $ 100, receipt number 0101−5124006 by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(O'Shea,Gerard) (Entered: 07/29/2014)
07/29/2014 16 MOTION for Leave to Appear Pro Hac Vice for admission of Shaun R.Snader Filing fee: $ 100, receipt number 0101−5124022 by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Exhibit A, # 2 Text of ProposedOrder)(O'Shea, Gerard) (Entered: 07/29/2014)
07/29/2014 17 MOTION to Dismiss Claims for Correction of Inventorship, Fraud, andUnfair and Deceptive Trade Practices by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Text of Proposed Order)(O'Shea, Gerard) (Entered:07/29/2014)
07/29/2014 18 MEMORANDUM in Support re 17 MOTION to Dismiss Claims forCorrection of Inventorship, Fraud, and Unfair and Deceptive Trade Practicesfiled by Neovasc Inc., Neovasc Tiara Inc.. (O'Shea, Gerard) (Entered:07/29/2014)
07/29/2014 19 MOTION to Transfer Case to Central District of California. by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Text of Proposed Order)(O'Shea,Gerard) (Entered: 07/29/2014)
07/29/2014 20 MEMORANDUM in Support re 19 MOTION to Transfer Case to CentralDistrict of California. filed by Neovasc Inc., Neovasc Tiara Inc.. (O'Shea,Gerard) (Entered: 07/29/2014)
07/29/2014 21 DECLARATION re 20 Memorandum in Support of Motion, 19 MOTION toTransfer Case to Central District of California. of Brian McPherson byNeovasc Inc., Neovasc Tiara Inc.. (O'Shea, Gerard) (Entered: 07/29/2014)
07/29/2014 22 DECLARATION re 20 Memorandum in Support of Motion, 21 Declaration,19 MOTION to Transfer Case to Central District of California. of Shaun R.Snader by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 ExhibitA−S)(O'Shea, Gerard) (Entered: 07/29/2014)
07/30/2014 23 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 13Motion for Leave to Appear Pro Hac Vice Added Charles Tait Graves.granting 14 Motion for Leave to Appear Pro Hac Vice Added Douglas H.Carsten; granting 15 Motion for Leave to Appear Pro Hac Vice Added Peter S.Kang.; granting 16 Motion for Leave to Appear Pro Hac Vice Added Shaun R.Snader. Attorneys admitted Pro Hac Vice must register for electronic
filing if the attorney does not already have an ECF account in this district.To register go to the Court website at www.mad.uscourts.gov. Select CaseInformation, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. (Moore, Kellyann) (Entered: 07/30/2014)
08/12/2014 25 Opposition re 19 MOTION to Transfer Case to Central District of California.filed by CardiAQ Valve Technologies, Inc.. (Weeks, Randall) (Entered:08/12/2014)
08/12/2014 26 AFFIDAVIT in Opposition re 19 MOTION to Transfer Case to CentralDistrict of California. filed by CardiAQ Valve Technologies, Inc.. (Weeks,Randall) (Entered: 08/12/2014)
08/12/2014 27 AFFIDAVIT in Opposition re 19 MOTION to Transfer Case to CentralDistrict of California. filed by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Weeks, Randall)(Entered: 08/12/2014)
08/12/2014 28 MEMORANDUM in Opposition re 17 MOTION to Dismiss Claims forCorrection of Inventorship, Fraud, and Unfair and Deceptive Trade Practicesfiled by CardiAQ Valve Technologies, Inc.. (Weeks, Randall) (Entered:08/12/2014)
08/19/2014 30 MOTION for Leave to File Reply Memorandum in Support of Neovasc'sMotion to Transfer Venue by Neovasc Inc., Neovasc Tiara Inc..(Snader,Shaun) (Entered: 08/19/2014)
08/19/2014 31 MEMORANDUM in Support re 30 MOTION for Leave to File ReplyMemorandum in Support of Neovasc's Motion to Transfer Venue, 19MOTION to Transfer Case to Central District of California. filed by NeovascInc., Neovasc Tiara Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Snader,Shaun) (Entered: 08/19/2014)
08/19/2014 32 Opposition re 30 MOTION for Leave to File Reply Memorandum in Supportof Neovasc's Motion to Transfer Venue filed by CardiAQ Valve Technologies,Inc.. (Sganga, John) (Entered: 08/19/2014)
08/20/2014 33 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 30Motion for Leave to File Document ; Counsel using the Electronic Case FilingSystem should now file the document for which leave to file has been grantedin accordance with the CM/ECF Administrative Procedures. Counsel mustinclude − Leave to file granted on (date of order)− in the caption of thedocument. REPLY MEMORANDUM NOT TO EXCEED 10 PAGES. (Patch,Christine) (Entered: 08/20/2014)
08/20/2014 34 NOTICE by Neovasc Inc., Neovasc Tiara Inc. Notice of Mootness of theComplaint (Snader, Shaun) (Entered: 08/20/2014)
08/20/2014 35 REPLY to Response to 19 MOTION to Transfer Case to Central District ofCalifornia. filed by Neovasc Inc., Neovasc Tiara Inc.. (Snader, Shaun)(Entered: 08/20/2014)
08/20/2014 36 DECLARATION re 35 Reply to Response to Motion, 19 MOTION toTransfer Case to Central District of California. by Neovasc Inc., NeovascTiara Inc.. (Snader, Shaun) (Entered: 08/20/2014)
08/21/2014 37 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. In light of thefiling of the Notice of Mootness (document 34 ) the Defendants' Motion toDismiss, document 17 , is terminated. (Moore, Kellyann) (Entered:08/21/2014)
08/28/2014 38 MOTION to Dismiss Plaintiff's Claims for Correction of Inventorship, Fraud,and Unfair and Deceptive Trade Practices from the First Amended Complaintby Neovasc Inc., Neovasc Tiara Inc..(Snader, Shaun) (Entered: 08/28/2014)
08/28/2014 39 MEMORANDUM in Support re 38 MOTION to Dismiss Plaintiff's Claims forCorrection of Inventorship, Fraud, and Unfair and Deceptive Trade Practicesfrom the First Amended Complaint filed by Neovasc Inc., Neovasc Tiara Inc..(Snader, Shaun) (Entered: 08/28/2014)
09/11/2014 40 Opposition re 38 MOTION to Dismiss Plaintiff's Claims for Correction ofInventorship, Fraud, and Unfair and Deceptive Trade Practices from the FirstAmended Complaint filed by CardiAQ Valve Technologies, Inc.. (Holcomb,John) (Entered: 09/11/2014)
09/11/2014 41 MEMORANDUM in Opposition re 38 MOTION to Dismiss Plaintiff's Claimsfor Correction of Inventorship, Fraud, and Unfair and Deceptive TradePractices from the First Amended Complaint filed by CardiAQ ValveTechnologies, Inc.. (Holcomb, John) (Entered: 09/11/2014)
10/03/2014 42 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM ANDORDER: "Accordingly, defendants' motion to transfer venue (Docket No. 19 )is DENIED. So ordered."(Moore, Kellyann) (Entered: 10/03/2014)
10/07/2014 43 NOTICE of Scheduling Conference Scheduling Conference set for 10/30/201402:30 PM in Courtroom 4 before Judge Nathaniel M. Gorton. COUNSELSHOULD BE PREPARED TO ARGUE ALL PENDING MOTIONSBEFORE THE COURT.(Patch, Christine) (Entered: 10/07/2014)
10/17/2014 44 ELECTRONIC NOTICE OF RESCHEDULING SchedulingConference/Motion Hearing set for 11/5/2014 11:00 AM in Courtroom 4before Judge Nathaniel M. Gorton. (Patch, Christine) (Entered: 10/17/2014)
10/21/2014 45 NOTICE of Appearance by Michael L. Chinitz on behalf of Neovasc Inc.,Neovasc Tiara Inc. (Chinitz, Michael) (Entered: 10/21/2014)
10/21/2014 46 NOTICE of Appearance by Meredith Wilson Doty on behalf of Neovasc Inc.,Neovasc Tiara Inc. (Doty, Meredith) (Entered: 10/21/2014)
11/05/2014 48 ELECTRONIC Clerk's Notes for proceedings held before Judge Nathaniel M.Gorton: Scheduling Conference held on 11/5/2014. Court hears arguments
from counsel re 38 Motion to Dismiss. Court takes the matter underadvisement. Automatic discovery to be completed by 11/12/14; Plaintiff toproduce trade secret information by 11/19/14; written discovery to be servedby 5/31/15, answered by 6/30/15, all fact Discovery to be completed by9/30/2015; experts designated and Rule 26 Reports exchanged by 10/31/15,rebuttals by 11/30/15; expert depositions to be completed by 12/31/15;dispositive Motions due by 1/31/2016, oppositions by 2/29/16. Final PretrialConference set for 4/21/2016 03:00 PM in Courtroom 4 before JudgeNathaniel M. Gorton. Jury Trial set for 5/2/2016 09:00 AM in Courtroom 4before Judge Nathaniel M. Gorton. Case to be referred to Mediation Program:October, 2015. (Court Reporter: Debra [email protected].)(Attorneys present: Holcomb, Weeks, Graves, Carsten,Chinitz) (Patch, Christine) (Entered: 11/05/2014)
11/05/2014 49 Judge Nathaniel M. Gorton: ORDER entered. REFERRING CASE toAlternative Dispute Resolution for Mediation: October, 2015.(Patch,Christine) (Entered: 11/05/2014)
11/06/2014 50 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM ANDORDER: Accordingly, defendants' motion to dismiss (Docket No. 38 ) is, withrespect to plaintiff's claim for correction of inventorship, ALLOWED, but is,with respect to plaintiff's claims for fraud and unfair and deceptive tradepractices, DENIED. So ordered."(Moore, Kellyann) (Entered: 11/06/2014)
11/10/2014 51 Notice of assignment to ADR Provider. Judge Jennifer C. Boalappointed.(Garvin, Brendan) (Entered: 11/10/2014)
11/10/2014 52 CERTIFICATION pursuant to Local Rule 16.1 . (Chinitz, Michael) (Entered:11/10/2014)
11/10/2014 53 ELECTRONIC NOTICE of Hearing. The Alternative Dispute ResolutionHearing is set for 10/2/2015 at 10:00 a.m. in Courtroom 14 before MagistrateJudge Jennifer C. Boal. Counsel and principals are directed to be present andhave full settlement authority. Each party must submit a brief (no more than 5pages) mediation memorandum that includes a discussion of (1) the merits ofthe case (both strengths and weaknesses); (2) damages or other relief soughtby the parties; (3) the status of discovery; and (4) the status of the parties'settlement discussions. The memoranda should be submitted BY HAND,E−MAIL to ([email protected]), OR MAIL WITH THE COURTno later than five (5) business days prior to the mediation and marked"Confidential − Not for Docketing." In the event that any party believes thatthe case is not ripe for mediation, or the date poses a serious conflict, counselare to notify opposing counsel and call the deputy clerk at 617−748−9238 assoon as possible. Prior to the mediation, there will be a Telephone Conferenceset for 9/29/2015 at 11:30 a.m. in Courtroom 14 before Magistrate JudgeJennifer C. Boal. The clerk will provide the call in information to allparties by email, one day prior to the upcoming telephone conference.(York, Steve) (Entered: 11/10/2014)
11/10/2014 54 CERTIFICATION pursuant to Local Rule 16.1 by CardiAQ ValveTechnologies, Inc.. (Holcomb, John) (Entered: 11/10/2014)
11/12/2014 55 Transcript of Motion Hearing/Scheduling Conference held on November 5,2014, before Judge Nathaniel M. Gorton. The Transcript may be purchased
through the Court Reporter, viewed at the public terminal, or viewed throughPACER after it is released. Court Reporter Name and Contact Information:Debra Lajoie [email protected]. Redaction Request due 12/3/2014.Redacted Transcript Deadline set for 12/15/2014. Release of TranscriptRestriction set for 2/10/2015. (Scalfani, Deborah) Modified on 3/4/2015(Scalfani, Deborah). (Entered: 11/12/2014)
11/12/2014 56 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 11/12/2014)
11/19/2014 57 CERTIFICATE OF SERVICE pursuant to LR 5.2 by CardiAQ ValveTechnologies, Inc. Service of Disclosure of Trade Secrets of Plaintiff CardiAQValve Technologies, Inc.. (Holcomb, John) (Entered: 11/19/2014)
11/20/2014 58 ANSWER to 24 Amended Complaint by Neovasc Inc., Neovasc TiaraInc..(Chinitz, Michael) (Entered: 11/20/2014)
11/20/2014 59 NOTICE of Withdrawal of Appearance by Michael L. Chinitz (Chinitz,Michael) (Entered: 11/20/2014)
12/08/2014 60 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofElham Firouzi Steiner, Esq. Filing fee: $ 100, receipt number 0101−5312412by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Affidavit Certificationof Elham Firouzi Steiner, Esq.)(Chinitz, Michael) (Entered: 12/08/2014)
12/09/2014 61 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 60Motion for Leave to Appear Pro Hac Vice Added Elham Firouzi Steiner.Attorneys admitted Pro Hac Vice must register for electronic filing if theattorney does not already have an ECF account in this district. To registergo to the Court website at www.mad.uscourts.gov. Select CaseInformation, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. (Patch, Christine) (Entered: 12/09/2014)
01/14/2015 62 STIPULATION Stipulation for Order Granting Leave for Plaintiff to FileSecond Amended Complaint by CardiAQ Valve Technologies, Inc.. (Holcomb,John) (Entered: 01/14/2015)
01/15/2015 63 Judge Nathaniel M. Gorton: ORDER entered. STIPULATION AND ORDERGranting Leave for Plaintiff to File Second Amended Complaint. (Patch,Christine) (Entered: 01/15/2015)
01/29/2015 65 ANSWER to 64 Amended Complaint, by Neovasc Inc., Neovasc TiaraInc..(Graves, Charles) (Entered: 01/29/2015)
02/06/2015 66 MOTION to Seal Memorandum in Support of Defendants' Motion to CompelDiscovery and All Supporting Documents by Neovasc Inc., Neovasc TiaraInc.. (Attachments: # 1 Memorandum in Support of Defendants' Motion toCompel Discovery, # 2 Declaration of Peter Kang in Support of Defendants'
02/06/2015 67 MOTION to Compel Discovery by Neovasc Inc., Neovasc Tiara Inc..(Kang,Peter) (Entered: 02/06/2015)
02/06/2015 68 MEMORANDUM in Support re 67 MOTION to Compel Discovery filed byNeovasc Inc., Neovasc Tiara Inc.. (Kang, Peter) (Entered: 02/06/2015)
02/06/2015 69 AFFIDAVIT in Support re 67 MOTION to Compel Discovery . (Attachments:# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, #16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 ExhibitT)(Kang, Peter) (Entered: 02/06/2015)
02/11/2015 70 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRINGCASE to Magistrate Judge Marianne B. Bowler Referred for: Events Only (e).Motions referred: 66 MOTION to Seal Memorandum in Support ofDefendants' Motion to Compel Discovery and All Supporting Documents, 67MOTION to Compel Discovery. (Patch, Christine) Motions referred toMarianne B. Bowler. (Entered: 02/11/2015)
02/13/2015 71 ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughsadded. Judge Nathaniel M. Gorton no longer assigned to case. (Abaid,Kimberly) (Entered: 02/13/2015)
02/19/2015 72 Opposition re 66 MOTION to Seal Memorandum in Support of Defendants'Motion to Compel Discovery and All Supporting Documents (Statement ofNon−Opposition) filed by CardiAQ Valve Technologies, Inc.. (Holcomb,John) (Entered: 02/19/2015)
02/19/2015 73 Opposition re 67 MOTION to Compel Discovery filed by CardiAQ ValveTechnologies, Inc.. (Holcomb, John) (Entered: 02/19/2015)
02/19/2015 74 AFFIDAVIT in Opposition re 67 MOTION to Compel Discovery(Declaration of John W. Holcomb) filed by CardiAQ Valve Technologies,Inc.. (Attachments: # 1 Exhibit 1)(Holcomb, John) (Entered: 02/19/2015)
02/19/2015 75 MEMORANDUM in Opposition re 67 MOTION to Compel Discovery filedby CardiAQ Valve Technologies, Inc.. (Holcomb, John) (Entered: 02/19/2015)
02/25/2015 76 ELECTRONIC NOTICE Setting Hearing on Motion 67 MOTION to CompelDiscovery : Motion Hearing set for 3/2/2015 02:30 PM in Courtroom 25before Magistrate Judge Marianne B. Bowler. (Garvin, Brendan) (Entered:02/25/2015)
02/25/2015 77 MOTION to Seal Exhibits in Support of Defendants' [Proposed] Reply toPlaintiff's Opposition to Neovasc's Motion to Compel by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Exhibit U, # 2 Exhibit V)(Kang, Peter)(Entered: 02/25/2015)
02/25/2015 78 MOTION for Leave to File Reply Memorandum to Plaintiff's Opposition toNeovasc's Motion to Compel by Neovasc Inc., Neovasc Tiara Inc..(Kang,Peter) (Entered: 02/25/2015)
02/25/2015 79 MEMORANDUM in Support re 78 MOTION for Leave to File ReplyMemorandum to Plaintiff's Opposition to Neovasc's Motion to Compel filed byNeovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 [Proposed] Reply toPlaintiff's Opposition to Neovasc's Motion to Compel, # 2 [Proposed]Declaration of Peter S. Kang in Support of Defendants' [Proposed] Reply toPlaintiff's Opposition, # 3 Exhibit 2U, # 4 Exhibit 2V, # 5 Exhibit 2W)(Kang,Peter) (Entered: 02/25/2015)
02/26/2015 80 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 77Motion to Seal. (Folan, Karen) (Entered: 02/26/2015)
02/26/2015 81 Opposition re 78 MOTION for Leave to File Reply Memorandum to Plaintiff'sOpposition to Neovasc's Motion to Compel filed by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Appendix A)(Holcomb, John) (Entered:02/26/2015)
02/26/2015 82 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER enteredgranting 66 Motion to Seal (Garvin, Brendan) (Entered: 02/26/2015)
02/27/2015 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER enteredgranting 78 Motion for Leave to File Document ; Counsel using the ElectronicCase Filing System should now file the document for which leave to file hasbeen granted in accordance with the CM/ECF Administrative Procedures.Counsel must include − Leave to file granted on (date of order)− in the captionof the document. Plaintiff will be given the opportunity at oral argument on themotion to address the issues raised in the reply memorandum. (Bowler,Marianne) (Entered: 02/27/2015)
02/27/2015 83 REPLY to Response to 67 MOTION to Compel Discovery filed by NeovascInc., Neovasc Tiara Inc.. (Kang, Peter) (Entered: 02/27/2015)
02/27/2015 84 AFFIDAVIT in Support re 67 MOTION to Compel Discovery filed byNeovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Exhibit U, # 2 Exhibit V,# 3 Exhibit W)(Kang, Peter) (Entered: 02/27/2015)
03/02/2015 85 ELECTRONIC Clerk's Notes for proceedings held before Magistrate JudgeMarianne B. Bowler: Motion Hearing held on 3/2/2015 re 67 MOTION toCompel Discovery filed by Neovasc Tiara Inc., Neovasc Inc. Court hearsargument on the motion, motion is allowed in part and denied in part as statedon the record in open court. (Court Reporter: Digital Recording − Fortranscripts or CDs contact Deborah Scalfani by email [email protected].)(Attorneys present: Holcomb, Spanga,Weeks, Graves, Kang, Doty) (Garvin, Brendan) (Entered: 03/04/2015)
03/02/2015 86 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER enteredgranting in part and denying in part 67 Motion to Compel (Garvin, Brendan)(Entered: 03/04/2015)
03/04/2015 87 Transcript of Motion Hearing held on March 2, 2015, before Magistrate JudgeMarianne B. Bowler. The Transcript may be purchased through Judy BondGonsalves at 508−984−7003, viewed at the public terminal, or viewed through
PACER after it is released. Court Reporter Name: No Reporter Used. DigitalRecording transcribed by Judy Bond Gonsalves. Redaction Request due3/25/2015. Redacted Transcript Deadline set for 4/6/2015. Release ofTranscript Restriction set for 6/2/2015. (Scalfani, Deborah) (Entered:03/04/2015)
03/04/2015 88 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 03/04/2015)
03/06/2015 89 MOTION for Leave to Appear Pro Hac Vice for admission of Mark A.Speegle Filing fee: $ 100, receipt number 0101−5443588 by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Exhibit A)(Weeks, Randall) (Entered:03/06/2015)
03/09/2015 90 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 89Motion for Leave to Appear Pro Hac Vice Added Mark A. Speegle. Attorneysadmitted Pro Hac Vice must register for electronic filing if the attorneydoes not already have an ECF account in this district. To register go tothe Court website at www.mad.uscourts.gov. Select Case Information,then Electronic Filing (CM/ECF) and go to the CM/ECF RegistrationForm. Pursuant to Local Rule 83.5.3, local counsel shall also file anappearance in this matter. Further, local counsel shall review all filings andshall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Folan, Karen) (Entered:03/09/2015)
03/11/2015 91 Proposed Document(s) submitted by Neovasc Inc., Neovasc Tiara Inc..Document received: [Proposed] Protective Order (Submitted by CardiAQValve Technologies, Inc., Neovasc Inc. and Neovasc Tiara Inc.). (Kang, Peter)(Entered: 03/11/2015)
03/16/2015 92 Judge Allison D. Burroughs: PROTECTIVE ORDER entered. "The parties'Proposed Protective Order (Docket No. 91) is APPROVED. However, giventhe lack of specificity in Paragraph 29, the Court reserves the right to allow,after notice to the parties, the disclosure of any document or informationcovered by this Protective Order or to modify this Protective Order at any timein the interests of justice and to ensure that any proceeding before this Court isfair, efficient, and consistent with the public interest." (Folan, Karen) (Entered:03/17/2015)
04/02/2015 93 MOTION to Compel Discovery by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Text of Proposed Order [Proposed] Order)(Sganga, John)(Entered: 04/02/2015)
04/02/2015 94 DECLARATION re 93 MOTION to Compel Discovery (Declaration of MarkA. Speegle) by CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit 1(Filed Under Seal), # 2 Exhibit 2)(Speegle, Mark) (Entered: 04/02/2015)
04/02/2015 95 MOTION Impound and Seal Portions of the Memorandum in Support ofMotion to Compel and Exhibit 1 by CardiAQ Valve Technologies, Inc..(Attachments: # 1 [Redacted] Memorandum in Support of Motion to Compel,# 2 [Redacted] Exhibit 1 to Declaration of M. Speegle in Support of Motion to
04/02/2015 96 NOTICE OF MANUAL FILING by CardiAQ Valve Technologies, Inc. re 95MOTION Impound and Seal Portions of the Memorandum in Support ofMotion to Compel and Exhibit 1 (Sganga, John) (Entered: 04/02/2015)
04/06/2015 97 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 95Motion to seal and impound memorandum and exhibits in support of motion tocompel discovery (Folan, Karen) (Entered: 04/06/2015)
04/13/2015 100 STIPULATION and Joint Motion for Order Extending the Time forDefendants to Respond to Plaintiff's Motion to Compel and Amending theScheduling Order by Neovasc Inc., Neovasc Tiara Inc.. (Doty, Meredith)(Entered: 04/13/2015)
04/14/2015 101 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties'Joint Motion [Docket No. 100] is ALLOWED. The deadline for Defendants torespond to Plaintiffs' Motion to Compel is hereby extended to 4/30/2015. Thedeadline for service of written discovery is extended to 6/14/2015. Thedeadline for answering written discovery is extended to 7/14/2015. (Folan,Karen) (Entered: 04/14/2015)
04/30/2015 102 MOTION to Seal and Impound Portions of Defendants Neovasc Inc.'s andNeovasc Tiara Inc.'s Opposition to Plaintiff CardiAQ Valve Technologies,Inc.'s Motion to Compel Discovery by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Exhibit Neovasc Inc.'s and Neovasc Tiara Inc.'s Oppositionto Plaintiff CardiAQ Valve Technologies, Inc. Motion to CompelDiscovery)(Kang, Peter) (Entered: 04/30/2015)
04/30/2015 103 Opposition re 93 MOTION to Compel Discovery filed by Neovasc Inc.,Neovasc Tiara Inc.. (Kang, Peter) (Entered: 04/30/2015)
04/30/2015 104 DECLARATION re 103 Opposition to Motion to Compel by Neovasc Inc.,Neovasc Tiara Inc.. (Kang, Peter) (Entered: 04/30/2015)
05/06/2015 105 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 102Motion to Seal. (Folan, Karen) (Entered: 05/06/2015)
05/07/2015 107 Assented to MOTION to Seal and Impound Portions of Defendants NeovascInc.'s and Neovasc Tiara Inc.'s Memorandum in Support of Its Motion toDisqualify Plaintiff's Counsel and Supporting Exhibit by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Defendants Neovasc Inc.'s and NeovascTiara Inc.'s Memorandum in Support of the Motion to Disqualify Plaintiff'sCounsel, # 2 Exhibit M to the Declaration of Douglas H. Carsten in Support ofDefendant Neovasc Inc. and Neovasc Tiara Inc.'s Motion to DisqualifyPlaintiff's Counsel)(Kang, Peter) (Entered: 05/07/2015)
05/07/2015 108 MOTION to Disqualify Counsel by Neovasc Inc., Neovasc Tiara Inc..(Kang,Peter) (Entered: 05/07/2015)
05/07/2015 109 MEMORANDUM in Support re 108 MOTION to Disqualify Counsel filed byNeovasc Inc., Neovasc Tiara Inc.. (Kang, Peter) (Entered: 05/07/2015)
05/07/2015 110 DECLARATION re 108 MOTION to Disqualify Counsel by Neovasc Inc.,Neovasc Tiara Inc.. (Kang, Peter) (Entered: 05/07/2015)
05/08/2015 112 ELECTRONIC NOTICE Setting Hearing on Motion 93 MOTION to CompelDiscovery : Motion Hearing set for 5/21/2015 10:30 AM in Courtroom 17before Judge Allison D. Burroughs. If parties wish to call in to the hearinginstead of appearing in person, the call in number is 888−363−4734 and theaccess code for the conference will be 6426345. (Folan, Karen) (Entered:05/08/2015)
05/08/2015 113 Assented to MOTION to Seal and Impound Defendant Neovasc Inc.'sMemorandum in Support of Defendant's Motion to Compel and SupportingDocuments by Neovasc Inc.. (Attachments: # 1 Memorandum in Support ofDefendant Neovasc Inc.'s Motion to Compel, # 2 Exhibit B, # 3 ExhibitK)(Kang, Peter) (Entered: 05/08/2015)
05/08/2015 114 MOTION to Compel by Neovasc Inc..(Kang, Peter) (Entered: 05/08/2015)
05/08/2015 115 MEMORANDUM in Support re 114 MOTION to Compel filed by NeovascInc.. (Kang, Peter) (Entered: 05/08/2015)
05/08/2015 116 DECLARATION re 114 MOTION to Compel (Declaration of Peter S. Kang)by Neovasc Inc.. (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, # 9Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Kang, Peter) (Entered: 05/08/2015)
05/11/2015 117 ELECTRONIC NOTICE Setting Hearing on Motion 114 MOTION to Compel: Motion Hearing set for 5/21/2015 10:30 AM in Courtroom 17 before JudgeAllison D. Burroughs. Parties are to file any responses to the motion by5/19/15. If parties wish to call in to the hearing instead of appearing in person,the call in number is 888−363−4734 and the access code for the conferencewill be 6426345.(Folan, Karen) (Entered: 05/11/2015)
05/11/2015 118 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofVeronica Susana Ascarrunz Filing fee: $ 100, receipt number 0101−5551782by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Certification ofVeronica Susana Ascarrunz, Esq. in Support of Motion for Admission Pro HacVice)(Chinitz, Michael) (Entered: 05/11/2015)
05/12/2015 119 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 113Motion to Seal. (Folan, Karen) (Entered: 05/12/2015)
05/13/2015 122 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 107Assented−To Motion to Seal and Impound Portions of Defendants NeovascInc.'s and Neovasc Tiara,Inc.'s Memorandum in Support of its Motion toDisqualify Plaintiff's Counsel and Supporting Exhibit. (Montes, Mariliz)(Entered: 05/13/2015)
05/15/2015 123 NOTICE of Appearance by Gary M Ronan on behalf of Knobbe MartensOlson & Bear LLP (Ronan, Gary) (Entered: 05/15/2015)
05/15/2015 124 Assented to MOTION for Extension of Time to June 11, 2015 to Respond toMotion to Disqualify Plaintiff's Counsel (Docket #108) by CardiAQ ValveTechnologies, Inc., Knobbe Martens Olson & Bear LLP.(Ronan, Gary)(Entered: 05/15/2015)
05/15/2015 125 NOTICE of Appearance by Richard M. Zielinski on behalf of Knobbe MartensOlson & Bear LLP (Zielinski, Richard) (Entered: 05/15/2015)
05/18/2015 126 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 124Motion for Extension of Time to 6/11/15 to respond to motion to disqualifyplaintiff's counsel. (Folan, Karen) (Entered: 05/18/2015)
05/19/2015 127 Opposition re 114 MOTION to Compel Discovery filed by CardiAQ ValveTechnologies, Inc.. (Sganga, John) (Entered: 05/19/2015)
05/19/2015 128 MEMORANDUM in Opposition re 114 MOTION to Compel Discovery filedby CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit 1, # 2Exhibit 2, # 3 Exhibit 3)(Sganga, John) (Entered: 05/19/2015)
05/20/2015 129 ELECTRONIC NOTICE Resetting Hearing on Motion 114 MOTION toCompel , 93 MOTION to Compel Discovery : Motion Hearing set for5/21/2015 10:30 AM in Courtroom 18 before Judge Allison D. Burroughs.NOTICE IS FOR COURTROOM LOCATION CHANGE ONLY. (Folan,Karen) (Entered: 05/20/2015)
05/21/2015 130 ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Motion Hearing held on 5/21/2015 re 93 MOTION to CompelDiscovery filed by CardiAQ Valve Technologies, Inc., 114 MOTION toCompel filed by Neovasc Inc. Parties to submit proposed order regardingplaintiff's motion to compel by 3:00 p.m. on 5/26/15. Court grants 114 Motionto compel. (Court Reporter: Carol Scott at [email protected].)(Attorneyspresent: Sganga, Ronan, Graves, Carsten, Kang, Doty) (Folan, Karen)(Entered: 05/21/2015)
05/21/2015 131 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On 5/21/2015,the Court held a hearing on the parties cross−motions to compel discovery. Forthe reasons stated on the record at the hearing, Plaintiffs Motion to Compelwill be allowed. The parties may jointly file a Proposed Order with the Courtno later than 3pm EST on Tuesday, May 26th. If the parties cannot agree onproposed language, the Court will issue its own order. The Defendants Motionto Compel [ECF No. 114] is also ALLOWED. Plaintiff is ORDERED tosupplement its response to Defendants Interrogatory No. 16, in accordancewith the guidance provided by the Court at the hearing. (Folan, Karen)(Entered: 05/21/2015)
05/26/2015 132 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 118Motion for Leave to Appear Pro Hac Vice Added Veronica Ascarrunz.Attorneys admitted Pro Hac Vice must register for electronic filing if theattorney does not already have an ECF account in this district. To registergo to the Court website at www.mad.uscourts.gov. Select CaseInformation, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. Pursuant to Local Rule 83.5.3, local counsel shall also
file an appearance in this matter. Further, local counsel shall review all filingsand shall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Folan, Karen) (Entered:05/26/2015)
05/26/2015 133 NOTICE by CardiAQ Valve Technologies, Inc. re 131 Order on Motion toCompel,,,,, (Joint Submission of [Proposed] Order Granting In−Part Motionof Plaintiff CardiAQ Valve Technologies, Inc. to Compel Discovery)(Attachments: # 1 Text of Proposed Order)(Sganga, John) (Entered:05/26/2015)
05/26/2015 134 MOTION for Leave to Appear Pro Hac Vice for admission of Christy G. LeaFiling fee: $ 100, receipt number 0101−5572721 by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Exhibit A)(Weeks, Randall) (Entered:05/26/2015)
05/27/2015 135 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 134Motion for Leave to Appear Pro Hac Vice Added Christy Lea. Attorneysadmitted Pro Hac Vice must register for electronic filing if the attorneydoes not already have an ECF account in this district. To register go tothe Court website at www.mad.uscourts.gov. Select Case Information,then Electronic Filing (CM/ECF) and go to the CM/ECF RegistrationForm. Pursuant to Local Rule 83.5.3, local counsel shall also file anappearance in this matter. Further, local counsel shall review all filings andshall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Folan, Karen) (Entered:05/27/2015)
05/27/2015 136 Judge Allison D. Burroughs: ORDER entered. re 93 MOTION to CompelDiscovery filed by CardiAQ Valve Technologies, Inc. (Folan, Karen)(Entered: 05/27/2015)
05/29/2015 137 Transcript of Motion Hearing held on May 21, 2015, before Judge Allison D.Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 6/19/2015. RedactedTranscript Deadline set for 6/29/2015. Release of Transcript Restriction set for8/27/2015. (Scalfani, Deborah) (Entered: 05/29/2015)
05/29/2015 138 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/29/2015)
06/03/2015 139 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofCorina I. Cacovean Filing fee: $ 100, receipt number 0101−5587554 byNeovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Certification of Corina I.Cacovean, Esq. in Support of Motion for Admission Pro Hac Vice)(Chinitz,Michael) (Entered: 06/03/2015)
06/11/2015 142 Opposition re 108 MOTION to Disqualify Counsel filed by Knobbe MartensOlson & Bear LLP. (Ronan, Gary) (Entered: 06/11/2015)
06/11/2015 143 AFFIDAVIT of Karoline A. Delaney, Esq. in Opposition re 108 MOTION toDisqualify Counsel filed by Knobbe Martens Olson & Bear LLP.(Attachments: # 1 Exhibit Exhibit 4, # 2 Exhibit Exhibit 5, # 3 Exhibit Exhibit6, # 4 Exhibit Exhibit 7)(Ronan, Gary) (Entered: 06/11/2015)
06/11/2015 144 AFFIDAVIT of John B. Sganga, Jr. in Opposition re 108 MOTION toDisqualify Counsel filed by Knobbe Martens Olson & Bear LLP.(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 8, # 5Exhibit 9, # 6 Exhibit 10, # 7 Exhibit 11)(Ronan, Gary) (Entered: 06/11/2015)
06/11/2015 145 AFFIDAVIT of Wendy K. Peterson, Esq. in Opposition re 108 MOTION toDisqualify Counsel filed by Knobbe Martens Olson & Bear LLP. (Ronan,Gary) (Entered: 06/11/2015)
06/11/2015 146 AFFIDAVIT of Professor David C. Hricik in Opposition re 108 MOTION toDisqualify Counsel filed by Knobbe Martens Olson & Bear LLP.(Attachments: # 1 Exhibit A)(Ronan, Gary) (Entered: 06/11/2015)
06/11/2015 147 Opposition re 108 MOTION to Disqualify Counsel filed by CardiAQ ValveTechnologies, Inc.. (Sganga, John) (Entered: 06/11/2015)
06/12/2015 148 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 139Motion for Leave to Appear Pro Hac Vice Added Corina Cacovean.Attorneys admitted Pro Hac Vice must register for electronic filing if theattorney does not already have an ECF account in this district. To registergo to the Court website at www.mad.uscourts.gov. Select CaseInformation, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. Pursuant to Local Rule 83.5.3, local counsel shall alsofile an appearance in this matter. Further, local counsel shall review all filingsand shall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Folan, Karen) (Entered:06/12/2015)
06/19/2015 149 STIPULATION and Joint Motion for Order Allowing Further Briefing onDefendants' Motion to Disqualify by Neovasc Inc., Neovasc Tiara Inc.. (Doty,Meredith) (Entered: 06/19/2015)
06/22/2015 150 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The JointMotion for Order Allowing Further Briefing 149 is ALLOWED IN PART.The parties may file a reply and surreply by the dates proposed in the jointmotion. Each of the reply and surreply shall not exceed ten (10) pages. (Replies due by 7/2/2015; Sur−replies due by 7/24/2015.)(Montes, Mariliz)(Entered: 06/22/2015)
06/22/2015 152 ELECTRONIC NOTICE of Hearing : Hearing on Request for In Camera ExParte Review of Non−Party Customer Objection set for 7/1/2015 10:30 AM inCourtroom 17 before Judge Allison D. Burroughs. Third party objector(s) neednot attend the hearing on this motion. The parties are welcome to participateby telephone if desired. Contact Courtroom Clerk for call in information ifparticipating by telephone.(Folan, Karen) (Entered: 06/22/2015)
06/24/2015 153 Assented to MOTION to Seal and Impound Portions of Opposition toDefendants' Motion to Seal and Impound and Request for In Camera Ex ParteReview of NonParty Customer Objection and Supporting Declaration byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit [Proposed]
06/25/2015 154 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 153Motion to Seal. (Folan, Karen) (Entered: 06/25/2015)
06/25/2015 155 NOTICE OF MANUAL FILING by CardiAQ Valve Technologies, Inc. re 154Order on Motion to Seal Opposition to Defendants' Motion to Seal andImpound and Request for In Camera Ex Parte Review of Nonparty CustomerObjection, Supporting Declaration, and Exhibits A−B (Lea, Christy) (Entered:06/25/2015)
07/01/2015 157 ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Hearing re Request for In Camera Ex Parte Review of Non−PartyCustomer Objection held on 7/1/2015. Colloquy re: redactions. (CourtReporter: Carol Scott at [email protected].)(Attorneys present: Lea,Speegle, Weeks, Ascarrunz, Doty, Oettinger) (Folan, Karen) (Entered:07/01/2015)
07/02/2015 158 Assented to MOTION to Seal and Impound Portions of Opposition toNonParty Customer In Camera Objection by CardiAQ Valve Technologies,Inc.. (Attachments: # 1 Exhibit [Proposed] Redacted Opposition)(Lea, Christy)(Entered: 07/02/2015)
07/02/2015 159 MOTION to Seal and Impound and for In Camera Ex Parte Review ofMaterials Submitted in Support of Defendants Neovasc Inc.'s and NeovascTiara Inc.'s Reply in Support of its Motion to Disqualify Plaintiff's Counsel(Unopposed) by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 ExhibitA1 to the Declaration of Veronica S. Ascarrunz, # 2 Exhibit A2 to theDeclaration of Veronica S. Ascarrunz, # 3 Exhibit A3 to the Declaration ofVeronica S. Ascarrunz, # 4 Exhibit A4 to the Declaration of Veronica S.Ascarrunz, # 5 Exhibit A5 to the Declaration of Veronica S. Ascarrunz, # 6Exhibit A6 to the Declaration of Veronica S. Ascarrunz, # 7 Exhibit A7 to theDeclaration of Veronica S. Ascarrunz, # 8 Exhibit A9 to the Declaration ofVeronica S. Ascarrunz, # 9 Exhibit A10 to the Declaration of Veronica S.Ascarrunz, # 10 Exhibit B: Reply Declaration of Mark L. Tuft in Support ofMotion of Defendants Neovasc Inc. and Neovasc Tiara Inc. to DisqualifyPlaintiff's Counsel, # 11 Exhibit C: Declaration of Michael Schneider inSupport of Defendants Neovasc Inc. and Neovasc Tiara Inc.'s Reply inSupport of Motion to Disqualify Plaintiff's Counsel, # 12 Exhibit D:Defendants Neovasc Inc.'s and Neovasc Tiara Inc.'s Reply in Support of itsMotion to Disqualify Plaintiff's Counsel)(Ascarrunz, Veronica) (Entered:07/02/2015)
07/02/2015 160 REPLY to Response to 108 MOTION to Disqualify Counsel filed by NeovascInc., Neovasc Tiara Inc.. (Ascarrunz, Veronica) (Entered: 07/02/2015)
07/02/2015 161 DECLARATION re 160 Reply to Response to Motion to Disqualify Counsel(Declaration of Veronica S. Ascarrunz) by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10Exhibit 10)(Ascarrunz, Veronica) (Entered: 07/02/2015)
07/02/2015 162 DECLARATION re 160 Reply to Response to Motion to Disqualify Counsel(Declaration of Mark L. Tuft) by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Exhibit A)(Ascarrunz, Veronica) (Entered: 07/02/2015)
07/02/2015 163 DECLARATION re 160 Reply to Response to Motion to Disqualify Counsel(Declaration of Cameron K. Weiffenbach) by Neovasc Inc., Neovasc TiaraInc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, #5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Ascarrunz, Veronica)(Entered: 07/02/2015)
07/02/2015 164 NOTICE OF MANUAL FILING by Neovasc Inc., Neovasc Tiara Inc. re 159MOTION to Seal and Impound and for In Camera Ex Parte Review ofMaterials Submitted in Support of Defendants Neovasc Inc.'s and NeovascTiara Inc.'s Reply in Support of its Motion to Disqualify Plaintiff's Counsel(Unopposed) (Ascarrunz, Veronica) (Entered: 07/02/2015)
07/06/2015 165 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 158Motion to Seal. (Folan, Karen) (Entered: 07/06/2015)
07/06/2015 166 NOTICE OF MANUAL FILING by CardiAQ Valve Technologies, Inc. re 165Order on Motion to Seal Opposition to NonParty Customer Objection andExhibits A−B (Lea, Christy) (Entered: 07/06/2015)
07/07/2015 168 MOTION to Seal and Impound Portions of Memorandum in Support ofMotion to Compel by CardiAQ Valve Technologies, Inc.. (Attachments: # 1Exhibit [Proposed] Redacted Memo in Support of Motion to Compel, # 2Exhibit [Proposed] Redacted Exhibits K, L, M, N to Declaration of M. Speeglein Support of Motion to Compel)(Lea, Christy) (Entered: 07/07/2015)
07/08/2015 169 NOTICE of Appearance by Bernard A. Flanagan on behalf of Neovasc Inc.,Neovasc Tiara Inc. (Flanagan, Bernard) (Entered: 07/08/2015)
07/09/2015 170 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 168Motion to Seal (Montes, Mariliz) (Entered: 07/09/2015)
07/09/2015 171 Judge Allison D. Burroughs: ORDER OF IMPOUNDMENT entered. re 170Order on Motion to Seal (Montes, Mariliz) (Entered: 07/09/2015)
07/09/2015 172 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 159Motion to Seal (Folan, Karen) (Entered: 07/09/2015)
07/09/2015 173 NOTICE OF MANUAL FILING by CardiAQ Valve Technologies, Inc. re 170Order on Motion to Seal Portions of Memorandum In Support of Motion ofPlaintiff CardiAQ Valve Technologies, Inc. to Compel Defendants NeovascInc. and Neovasc Tiara Inc. to Produce Unredacted Laboratory Notebooksand Exhibits K, L, M, and N (Lea, Christy) (Entered: 07/09/2015)
07/09/2015 174 MOTION to Compel Defendants to Produce Unredacted LaboratoryNotebooks by CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Text ofProposed Order [Proposed] Order)(Lea, Christy) (Entered: 07/09/2015)
07/09/2015 175 DECLARATION re 174 MOTION to Compel Defendants to ProduceUnredacted Laboratory Notebooks (Declaration of Mark A. Speegle) byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit A, # 2 ExhibitB, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K (Filed Under Seal), #12 Exhibit L (Filed Under Seal), # 13 Exhibit M (Filed Under Seal), # 14Exhibit N (Filed Under Seal))(Lea, Christy) (Entered: 07/09/2015)
Unopposed Motion to Seal and Impound and For In Camera Ex Parte Reviewof Materials Submitted in Support of Defendants Neovasc, Inc.'s and NeovasTiara Inc.'s 160 Reply in Support of its Motion to Disqualify Plaintiff'sCounsel by Neovasc Inc., Neovasc Tiara Inc..(Montes, Mariliz) (Entered:07/13/2015)
07/14/2015 185 Transcript of Hearing held on July 1, 2015, before Judge Allison D.Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 8/4/2015. Redacted TranscriptDeadline set for 8/14/2015. Release of Transcript Restriction set for10/12/2015. (Scalfani, Deborah) (Entered: 07/14/2015)
07/14/2015 186 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 07/14/2015)
07/23/2015 187 Assented to MOTION to Seal Portions of Defendants Neovasc Inc.s andNeovasc Tiara Inc.s Opposition to Motion of Plaintiff CardiAQ ValveTechnologies, Inc. to Compel Defendants Neovasc Inc. and Neovasc Tiara Inc.to Produce Unredacted Laboratory Notebooks by Neovasc Inc., NeovascTiara Inc..(Ascarrunz, Veronica) (Main Document 187 replaced on 7/29/2015)(Montes, Mariliz). (Additional attachment(s) added on 7/29/2015: # 1 Text ofProposed Order) (Montes, Mariliz). (Entered: 07/23/2015)
07/23/2015 188 MEMORANDUM in Opposition re 174 MOTION to Compel Defendants toProduce Unredacted Laboratory Notebooks filed by Neovasc Inc., NeovascTiara Inc.. (Ascarrunz, Veronica) (Entered: 07/23/2015)
07/23/2015 189 DECLARATION re 188 Memorandum in Opposition to Motion (Declarationof Randy Lane, Filed Under Seal)) by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ascarrunz, Veronica) (Entered:07/23/2015)
07/23/2015 190 DECLARATION re 188 Memorandum in Opposition to Motion (Declarationof Veronica Ascarrunz, Exhibits 2 and 3 Filed Under Seal)) by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, #4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9Exhibit 9)(Ascarrunz, Veronica) (Entered: 07/23/2015)
07/24/2015 191 SUR−REPLY to Motion re 108 MOTION to Disqualify Counsel (Redacted)filed by Knobbe Martens Olson & Bear LLP. (Ronan, Gary) (Entered:07/24/2015)
07/24/2015 192 Assented to MOTION to Seal Document (Unredacted Surreply) by KnobbeMartens Olson & Bear LLP. (Attachments: # 1 Exhibit RedactedSurreply)(Ronan, Gary) (Entered: 07/24/2015)
07/27/2015 193 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 181Motion to seal. (Folan, Karen) (Entered: 07/27/2015)
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 187Motion to Seal; granting 192 Motion to Seal Document. (Folan, Karen)(Entered: 07/27/2015)
07/29/2015 198 Notice of correction to docket made by Court staff. Correction: Docket 187corrected because: by detaching proposed order and re−filing as anattachment. (Montes, Mariliz) (Entered: 07/29/2015)
08/05/2015 200 Assented to MOTION to Seal AND IMPOUND DEFENDANT NEOVASCINC.S MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION TOCOMPEL AMENDED RESPONSES TO REQUESTS FOR ADMISSION ANDCERTAIN SUPPORTING DOCUMENTS by Neovasc Inc..(Kang, Peter) (MainDocument 200 replaced on 8/14/2015) (Montes, Mariliz). (Additionalattachment(s) added on 8/14/2015: # 1 Text of Proposed Order) (Montes,Mariliz). (Entered: 08/05/2015)
08/05/2015 201 MOTION for Discovery DEFENDANT NEOVASC INC.S MOTION TOCOMPEL AMENDED RESPONSES TO REQUESTS FOR ADMISSION byNeovasc Inc..(Kang, Peter) (Entered: 08/05/2015)
08/05/2015 202 MEMORANDUM in Support re 201 MOTION for Discovery DEFENDANTNEOVASC INC.S MOTION TO COMPEL AMENDED RESPONSES TOREQUESTS FOR ADMISSION MEMORANDUM IN SUPPORT OFDEFENDANT NEOVASC INC.S MOTION TO COMPEL AMENDEDRESPONSES TO REQUESTS FOR ADMISSION filed by Neovasc Inc.. (Kang,Peter) (Entered: 08/05/2015)
08/05/2015 203 AFFIDAVIT OF PETER S. KANG in Support re 201 MOTION for DiscoveryDEFENDANT NEOVASC INC.S MOTION TO COMPEL AMENDEDRESPONSES TO REQUESTS FOR ADMISSION DECLARATION OF PETERS. KANG IN SUPPORT OF DEFENDANT NEOVASC INC.S MOTION TOCOMPEL AMENDED RESPONSES TO REQUESTS FOR ADMISSION filedby Neovasc Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Kang, Peter) Modified on 8/6/2015 (Montes, Mariliz).(Entered: 08/05/2015)
08/05/2015 204 AFFIDAVIT in Support with EXHIBITS D and E re 201 MOTION forDiscovery DEFENDANT NEOVASC INC.S MOTION TO COMPELAMENDED RESPONSES TO REQUESTS FOR ADMISSION DECLARATIONOF PETER S. KANG IN SUPPORT OF DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION filed by Neovasc Inc.. (Attachments: # 1 Exhibit Exhibit D, # 2Exhibit Exhibit E)(Kang, Peter) Modified on 8/6/2015 (Montes, Mariliz).(Entered: 08/05/2015)
08/05/2015 205 EXHIBIT F TO AFFIDAVIT in Support re 201 MOTION for DiscoveryDEFENDANT NEOVASC INC.S MOTION TO COMPEL AMENDEDRESPONSES TO REQUESTS FOR ADMISSION DECLARATION OF PETERS. KANG IN SUPPORT OF DEFENDANT NEOVASC INC.S MOTION TOCOMPEL AMENDED RESPONSES TO REQUESTS FOR ADMISSION filedby Neovasc Inc.. (Kang, Peter) (Main Document 205 replaced on 8/6/2015)(Montes, Mariliz). Modified on 8/6/2015 to replace exhibit with a version incolor (Montes, Mariliz). Modified on 8/6/2015 (Montes, Mariliz). (Entered:08/05/2015)
08/05/2015 206 EXHIBITS G and H TO 203 AFFIDAVIT in Support re 201 MOTION forDiscovery DEFENDANT NEOVASC INC.S MOTION TO COMPELAMENDED RESPONSES TO REQUESTS FOR ADMISSION DECLARATIONOF PETER S. KANG IN SUPPORT OF DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION filed by Neovasc Inc.. (Attachments: # 1 Exhibit ExhibitH)(Kang, Peter) Modified on 8/6/2015 (Montes, Mariliz). (Entered:08/05/2015)
08/05/2015 207 EXHIBITS I and J to 203 AFFIDAVIT IN SUPPORT re 201 MOTION forDiscovery DEFENDANT NEOVASC INC.S MOTION TO COMPELAMENDED RESPONSES TO REQUESTS FOR ADMISSION DECLARATIONOF PETER S. KANG IN SUPPORT OF DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION filed by Neovasc Inc.. (Attachments: # 1 Exhibit ExhibitJ)(Kang, Peter) Modified on 8/6/2015 (Montes, Mariliz). (Entered:08/05/2015)
08/05/2015 208 EXHIBITS O AND P OF 203 AFFIDAVIT in Support re 201 MOTION forDiscovery DEFENDANT NEOVASC INC.S MOTION TO COMPELAMENDED RESPONSES TO REQUESTS FOR ADMISSION DECLARATIONOF PETER S. KANG IN SUPPORT OF DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION filed by Neovasc Inc.. (Attachments: # 1 Exhibit ExhibitP)(Kang, Peter) Modified on 8/6/2015 (Montes, Mariliz). (Entered:08/05/2015)
08/05/2015 209 EXHIBITS Q, R (to be filed under seal), S and T to 203 ( AFFIDAVIT inSupport re 201 MOTION for Discovery DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION DECLARATION OF PETER S. KANG IN SUPPORT OFDEFENDANT NEOVASC INC.S MOTION TO COMPEL AMENDEDRESPONSES TO REQUESTS FOR ADMISSION filed by Neovasc Inc..(Attachments: # 1 Exhibit Exhibit R − SEALED, # 2 Exhibit Exhibit S, # 3Exhibit Exhibit T)(Kang, Peter) Modified on 8/6/2015 (Montes, Mariliz).(Entered: 08/05/2015)
08/05/2015 210 EXHIBITS U (Redacted), V and W to 203 AFFIDAVIT in Support re 201MOTION for Discovery DEFENDANT NEOVASC INC.S MOTION TOCOMPEL AMENDED RESPONSES TO REQUESTS FOR ADMISSIONDECLARATION OF PETER S. KANG IN SUPPORT OF DEFENDANTNEOVASC INC.S MOTION TO COMPEL AMENDED RESPONSES TOREQUESTS FOR ADMISSION filed by Neovasc Inc.. (Attachments: # 1Exhibit Exhibit V, # 2 Exhibit Exhibit W)(Kang, Peter) Modified on 8/6/2015(Montes, Mariliz). (Entered: 08/05/2015)
08/05/2015 211 EXHIBITS X (to be filed under seal), Y, Z, AA, BB, CC TO 203 AFFIDAVITin Support re 201 MOTION for Discovery DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION DECLARATION OF PETER S. KANG IN SUPPORT OFDEFENDANT NEOVASC INC.S MOTION TO COMPEL AMENDEDRESPONSES TO REQUESTS FOR ADMISSION filed by Neovasc Inc..(Attachments: # 1 Exhibit Exhibit Y, # 2 Exhibit Exhibit Z, # 3 Exhibit Exhibit
08/05/2015 212 EXHIBITS K, L, M to 203 AFFIDAVIT in Support re 201 MOTION forDiscovery DEFENDANT NEOVASC INC.S MOTION TO COMPELAMENDED RESPONSES TO REQUESTS FOR ADMISSION filed by NeovascInc.. (Attachments: # 1 Ex. L, # 2 Ex. M)(Kang, Peter) Modified on 8/6/2015(Montes, Mariliz). (Entered: 08/05/2015)
08/05/2015 213 EXHIBIT N TO 203 AFFIDAVIT in Support re 201 MOTION for DiscoveryDEFENDANT NEOVASC INC.S MOTION TO COMPEL AMENDEDRESPONSES TO REQUESTS FOR ADMISSION Ex. N filed by Neovasc Inc..(Kang, Peter) Modified on 8/6/2015 (Montes, Mariliz). (Entered: 08/05/2015)
08/05/2015 214 Assented−To MOTION to Seal and Impound Defendants' Memorandum inSupport of Defendants' Motion to Compel Amended Responses to Requestsfor Admission and Certain Supporting Documents. by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Text of Proposed Order)(Montes, Mariliz)(Entered: 08/06/2015)
08/06/2015 215 Notice of correction to docket made by Court staff. Correction: Dockets 203 to213 corrected by editing description of documents and linking it to theappropriate pleading. (Montes, Mariliz) (Entered: 08/06/2015)
08/06/2015 216 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Neovasc Inc. re 203Affidavit in Support of Motion, . (Kang, Peter) (Entered: 08/06/2015)
08/07/2015 217 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 200Motion to Seal; granting 214 Motion to Seal (Montes, Mariliz) (Entered:08/07/2015)
08/10/2015 220 ELECTRONIC NOTICE Setting Hearing on 141 Request for In Camera ExParte Review of Non−Party Customer Objection and 167 Opposition toNonparty Customer Objection 174 MOTION to Compel Defendants toProduce Unredacted Laboratory Notebooks, 108 MOTION to DisqualifyCounsel , 201 MOTION for Discovery DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION : Motion Hearing set for 8/20/2015 10:30 AM in Courtroom 17before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 08/10/2015)
08/14/2015 221 Notice of correction to docket made by Court staff. Correction: Docket 200corrected by detaching proposed order and re−filing it as an attachment.(Montes, Mariliz) (Entered: 08/14/2015)
08/18/2015 223 Opposition re 201 MOTION for Discovery DEFENDANT NEOVASC INC.SMOTION TO COMPEL AMENDED RESPONSES TO REQUESTS FORADMISSION filed by CardiAQ Valve Technologies, Inc.. (Attachments: # 1Exhibit 1)(Sganga, John) (Entered: 08/18/2015)
08/20/2015 224 ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Motion Hearing held on 8/20/2015 re 174 MOTION to CompelDefendants to Produce Unredacted Laboratory Notebooks filed by CardiAQValve Technologies, Inc., 201 MOTION for Discovery DEFENDANTNEOVASC INC.S MOTION TO COMPEL AMENDED RESPONSES TOREQUESTS FOR ADMISSION filed by Neovasc Inc., 108 MOTION to
Disqualify Counsel filed by Neovasc Tiara Inc., Neovasc Inc. Order to issue.(Court Reporter: Carol Scott at [email protected].)(Attorneys present:Sganga, Zielinski, Carsten, Chinitz, Ascarrunz) (Folan, Karen) (Entered:08/20/2015)
08/20/2015 225 Judge Allison D. Burroughs: ORDER entered denying 108 Motion toDisqualify Counsel; granting 174 Motion to Compel; granting 201 Motion forDiscovery. (Folan, Karen) (Entered: 08/20/2015)
08/31/2015 226 Letter/request (non−motion) from Neovasc to Judge Burroughs RequestingTelephonic Conference . (Ascarrunz, Veronica) (Entered: 08/31/2015)
09/01/2015 227 Letter/request (non−motion) from CardiAQ Valve Technologies, Inc. reresponse to D.I. 226. (Sganga, John) (Entered: 09/01/2015)
09/02/2015 228 Transcript of Motion Hearing held on August 20, 2015, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 9/23/2015. RedactedTranscript Deadline set for 10/5/2015. Release of Transcript Restriction set for12/1/2015. (Scalfani, Deborah) (Entered: 09/02/2015)
09/02/2015 229 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 09/02/2015)
09/02/2015 230 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 9/4/201502:00 PM in Courtroom 17 before Judge Allison D. Burroughs. Parties are tocall 888−363−4734, access code is 6426345.(Folan, Karen) (Entered:09/02/2015)
09/03/2015 231 Letter/request (non−motion) from Neovasc to Judge Burroughs . (Ascarrunz,Veronica) (Entered: 09/03/2015)
09/04/2015 232 CORPORATE DISCLOSURE STATEMENT by CardiAQ ValveTechnologies, Inc. identifying Corporate Parent Edwards LifesciencesCorporation, Other Affiliate Edwards Lifesciences CardiAQ, Inc. for CardiAQValve Technologies, Inc... (Lea, Christy) (Entered: 09/04/2015)
09/04/2015 238 ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Telephone Conference held on 9/4/2015. Colloquy re: docket nos.226, 227, and 231. Parties to file motion with MJ Boal's session regardingextension of mediation date. (Court Reporter: Carol Scott [email protected].) (Folan, Karen) (Entered: 09/15/2015)
09/14/2015 233 Assented to MOTION to Extend ADR Hearing by CardiAQ ValveTechnologies, Inc..(Lea, Christy) (Entered: 09/14/2015)
09/14/2015 234 MOTION to Amend 92 Protective Order,, by CardiAQ Valve Technologies,Inc.. (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Lea,Christy) (Entered: 09/14/2015)
MEMORANDUM in Support re 234 MOTION to Amend 92 ProtectiveOrder,, filed by CardiAQ Valve Technologies, Inc.. (Lea, Christy) (Entered:09/14/2015)
09/14/2015 236 DECLARATION re 234 MOTION to Amend 92 Protective Order,,Declaration of Keith A. Newburry by CardiAQ Valve Technologies, Inc..(Lea, Christy) (Entered: 09/14/2015)
09/14/2015 237 DECLARATION re 234 MOTION to Amend 92 Protective Order,,Declaration of Ryan E. Lindsey by CardiAQ Valve Technologies, Inc.. (Lea,Christy) (Entered: 09/14/2015)
09/15/2015 239 Letter/request (non−motion) from CardiAQ Valve Technologies, Inc. ReRequest for Expedited Briefing Scheduling, Hearing, and Ruling on Motion toAmend the Protective Order (Dkt. Nos. 234−237). (Lea, Christy) (Entered:09/15/2015)
09/16/2015 240 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 9/18/201510:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Neovasc is torespond to Motion to Amend by 9:00 a.m. on Friday, 9/18/15. Parties are tocall in to 888−363−4734, access code is 6426345. (Folan, Karen) (Entered:09/16/2015)
09/16/2015 241 DECLARATION re 234 MOTION to Amend 92 Protective Order,,Declaration of Aimee S. Weisner by CardiAQ Valve Technologies, Inc.. (Lea,Christy) (Entered: 09/16/2015)
09/16/2015 242 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting233 Assented to Motion to Extend ADR Hearing by CardiAQ ValveTechnologies, Inc. (York, Steve) (Entered: 09/16/2015)
09/16/2015 243 ELECTRONIC NOTICE OF RESCHEDULING. The Alternative DisputeResolution Hearing has been rescheduled for 11/6/2015 at 10:00 a.m. inCourtroom 14 before Magistrate Judge Jennifer C. Boal. The TelephoneConference has been reset for 11/3/2015 at 11:30 a.m. in Courtroom 14 beforeMagistrate Judge Jennifer C. Boal. Please review the earlier noticeregarding rules and submissions prior to the mediation. (York, Steve)(Entered: 09/16/2015)
09/17/2015 244 Reset Deadlines as to 234 MOTION to Amend 92 Protective Order .Responses due by 9/18/2015 (Montes, Mariliz) (Entered: 09/17/2015)
09/17/2015 245 ELECTRONIC NOTICE of Hearing. Please note that the TelephoneConference previously set for 9/18/2015 in Courtroom 17 before Judge AllisonD. Burroughs will proceed as scheduled at 10:00 a.m. Parties are to call in to888−363−4734, access code is 6426345. (York, Steve) (Entered: 09/17/2015)
09/17/2015 246 NOTICE of Appearance by Devon H. MacWilliam on behalf of CardiAQValve Technologies, Inc. (MacWilliam, Devon) (Entered: 09/17/2015)
09/17/2015 247 Opposition re 234 MOTION to Amend 92 Protective Order,, filed by NeovascInc., Neovasc Tiara Inc.. (Ascarrunz, Veronica) (Entered: 09/17/2015)
09/17/2015 248 DECLARATION re 247 Opposition to Motion of Plaintiff to Amend theProtective Order by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Ascarrunz, Veronica)
09/18/2015 249 ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D.Burroughs: denying 234 Motion to Amend; Telephone Conference held on9/18/2015; (Court Reporter: Catherine Handel [email protected].)(Attorneys present: Lea, MacWilliam, Carston,Ascarrunz, Flanagan) (Folan, Karen) (Entered: 09/18/2015)
09/18/2015 250 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Neovasc Inc., NeovascTiara Inc. re 247 Opposition to Motion to Amend Protective Order.(Ascarrunz, Veronica) (Entered: 09/18/2015)
10/08/2015 251 Letter/request (non−motion) from CardiAQ Valave Technologies, Inc. rediscovery. (Sganga, John) (Entered: 10/08/2015)
10/09/2015 252 Assented to MOTION to Seal and Impound Defendants Neovasc Inc.'s andNeovasc Tiara Inc.'s Responsive Letter to the Court Opposing ReopeningDiscovery by Neovasc Inc., Neovasc Tiara Inc..(Ascarrunz, Veronica) (MainDocument 252 replaced on 10/13/2015) (Montes, Mariliz). (Additionalattachment(s) added on 10/13/2015: # 1 Text of Proposed Order) (Montes,Mariliz). (Entered: 10/09/2015)
10/09/2015 253 Letter/request (non−motion) from Defendants Neovasc Inc. and Neovasc TiaraInc. to the Court Opposing Reopening Discovery . (Attachments: # 1Attachment 1)(Ascarrunz, Veronica) (Entered: 10/09/2015)
10/12/2015 254 Letter/request (non−motion) from CardiAQ Valve Technologies, Inc. reDiscovery. (Sganga, John) (Entered: 10/12/2015)
10/12/2015 255 Assented to MOTION to Seal Supporting Documents to Letter by CardiAQValve Technologies, Inc.. (Attachments: # 1 Attachments)(Sganga, John)(Main Document 255 replaced on 10/13/2015) (Montes, Mariliz). (Additionalattachment(s) added on 10/13/2015: # 2 Text of Proposed Order) (Montes,Mariliz). (Entered: 10/12/2015)
10/13/2015 256 Notice of correction to docket made by Court staff. Correction: Dockets 252and 255 corrected by detaching proposed orders and re−filing as attachments.(Montes, Mariliz) (Entered: 10/13/2015)
10/15/2015 257 Neovasc's Letter/request (non−motion) from Douglas Carsten re discoverydispute. (Carsten, Douglas) (Entered: 10/15/2015)
10/15/2015 258 ELECTRONIC NOTICE of Hearing. Status Conference set for 10/20/201510:30 AM in Courtroom 17 before Judge Allison D. Burroughs. If counselwould like to appear by telephone the call in information is 888−363−4734,access code 6426345.(Folan, Karen) (Entered: 10/15/2015)
10/15/2015 259 Letter/request (non−motion) from CardiAQ Valve Technologies, Inc. rediscovery disputes. (Sganga, John) (Entered: 10/15/2015)
10/16/2015 260 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 252Motion to Seal. (Folan, Karen) (Entered: 10/16/2015)
10/16/2015 261 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 255Motion to Seal (Folan, Karen) (Entered: 10/16/2015)
ELECTRONIC NOTICE OF RESCHEDULING Status Conference RESETfor 10/21/2015 10:30 AM in Courtroom 17 before Judge Allison D.Burroughs. If counsel would like to appear by telephone the call ininformation is 888−363−4734, access code 6426345.(Folan, Karen) (Entered:10/16/2015)
10/20/2015 264 Transcript of Telephone Conference held on September 4, 2015, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 11/10/2015. RedactedTranscript Deadline set for 11/20/2015. Release of Transcript Restriction setfor 1/18/2016. (Scalfani, Deborah) (Entered: 10/20/2015)
10/20/2015 265 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 10/20/2015)
10/21/2015 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Status conference held on 10/21/2015 re 251 Letter/request(non−motion) from CardiAQ Valve Technologies, Inc. re discovery, 253Letter/request (non−motion) from Defendants Neovasc Inc. and Neovasc TiaraInc. to the Court Opposing Reopening Discovery, 254 Letter/request(non−motion) from CardiAQ Valve Technologies, Inc. re Discovery, 257Neovasc's Letter/request (non−motion) from Douglas Carsten re discoverydispute, and 259 Letter/request (non−motion) from CardiAQ ValveTechnologies, Inc. re discovery disputes. The discovery issues raised in theletters have been resolved, as directed by the Court during the statusconference. Any additional letters concerning the objecting customer disputeare due by 11/16/15. The Court directs that the depositions of Randy Lane andDr. Arshad Quadri be reopened, with the time allowed for the furtherdeposition of Dr. Quadri to be double the time allowed for the furtherdeposition of Mr. Lane. In addition, the following deadlines have beenextended: experts designated and Rule 26 Reports exchanged by 11/14/15,rebuttals by 12/14/15; expert depositions to be completed by 1/14/16. Theparties should instruct the Court by 1/15/16 as to whether they intend to filedispositive motions. (Status Report due by 1/15/2016) (Montes, Mariliz)(Entered: 10/21/2015)
10/22/2015 267 NOTICE of Appearance by Robert J. Kaler on behalf of CardiAQ ValveTechnologies, Inc. (Kaler, Robert) (Entered: 10/22/2015)
10/26/2015 268 MOTION to Seal Document by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Exhibit [Proposed] Redacted Letter Brief, # 2 Text ofProposed Order)(Sganga, John) (Entered: 10/26/2015)
10/30/2015 269 MOTION to Seal and Impound Defendants Neovasc Inc.'s and Neovasc TiaraInc's Responsive Letter to the Court Opposing Reopening Depositions byNeovasc Inc., Neovasc Tiara Inc..(Ascarrunz, Veronica) (Entered: 10/30/2015)
10/30/2015 270 Letter/request (non−motion) from Defendants Neovasc Inc. and Neovasc TiaraInc. to the Court Opposing Reopening Depositions . (Attachments: # 1 Exhibit
11/02/2015 271 Transcript of Telephone Status Conference held on October 21, 2015, beforeJudge Allison D. Burroughs. The Transcript may be purchased through theCourt Reporter, viewed at the public terminal, or viewed through PACER afterit is released. Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 11/23/2015. RedactedTranscript Deadline set for 12/3/2015. Release of Transcript Restriction set for2/1/2016. (Scalfani, Deborah) (Entered: 11/02/2015)
11/02/2015 272 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 11/02/2015)
11/02/2015 273 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 268Motion to Seal Document ; granting 269 Motion to Seal (Montes, Mariliz)(Entered: 11/02/2015)
11/03/2015 274 Electronic Clerk's Notes for proceedings held before Magistrate Judge JenniferC. Boal: Telephone Conference held on 11/3/2015. The Court reviewedpreliminary matters with the parties prior to the upcoming mediation. (CourtReporter: SEALED Digital Recording − For transcripts or CDs the partiesshould first seek leave of the Court. If the request is granted, the parties shouldthen contact Deborah Scalfani by email [email protected].)(Attorneys present: Lea, Sganga &Kaler for the plaintiff; Carsten, Chinitz & Doty for defendants;) (York,Steve)(York, Steve) (Entered: 11/03/2015)
11/03/2015 275 NOTICE of Withdrawal of Appearance by Gary M Ronan (Ronan, Gary)(Entered: 11/03/2015)
11/03/2015 276 NOTICE of Withdrawal of Appearance by Richard M. Zielinski (Zielinski,Richard) (Entered: 11/03/2015)
11/04/2015 278 Transcript of Telephone Conference held on September 18, 2015, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Catherine Handel [email protected] Redaction Request due 11/25/2015. RedactedTranscript Deadline set for 12/7/2015. Release of Transcript Restriction set for2/2/2016. (Scalfani, Deborah) (Entered: 11/04/2015)
11/04/2015 279 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 11/04/2015)
11/06/2015 282 REPORT of Alternative Dispute Resolution Provider: Magistrate JudgeJennifer C. Boal reports that this case did not settle and should be restored toyour trial list. The parties should jointly contact the Deputy Clerk, Steve York,if they wish to engage in mediation efforts in the future. (York, Steve)(Entered: 11/06/2015)
11/10/2015 283 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. CardiAQsMotion to Re−Open the Depositions of Mark Pace−Floridia and Krista Nealeis denied. [251, 277]. The Court notes, however, that during their depositionsand Randy Lanes previous deposition, Neovasc clearly over objected toquestions that should have been allowed. To compensate for this, but withoutre−opening the Floridia and Neale depositions, the Court will allow CardiAQto depose Randy Lane for three hours, with the extra one−and−a−half hoursallocated for customer topics not previously adequately covered as a result ofthe objections. This ruling will not impact the length of the upcoming Dr.Quadri deposition, which should not exceed three hours. (Folan, Karen)(Entered: 11/10/2015)
11/10/2015 284 STIPULATION for Order to Extend Expert Dates by CardiAQ ValveTechnologies, Inc.. (Lea, Christy) (Entered: 11/10/2015)
11/12/2015 285 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. ALLOWING284 Stipulation for Order to Extend Expert Dates filed by CardiAQ ValveTechnologies, Inc. (Montes, Mariliz) (Entered: 11/12/2015)
12/10/2015 286 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofJohn P. Flynn Filing fee: $ 100, receipt number 0101−5884133 by NeovascInc., Neovasc Tiara Inc.. (Attachments: # 1 Certification of John P. Flynn,Esq. in Support of Motion for Admission Pro Hac Vice)(Chinitz, Michael)(Entered: 12/10/2015)
12/11/2015 287 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 286Motion for Leave to Appear Pro Hac Vice Added John P. Flynn. Attorneysadmitted Pro Hac Vice must register for electronic filing if the attorneydoes not already have an ECF account in this district. To register go tothe Court website at www.mad.uscourts.gov. Select Case Information,then Electronic Filing (CM/ECF) and go to the CM/ECF RegistrationForm. Pursuant to Local Rule 83.5.3, local counsel shall also file anappearance in this matter. Further, local counsel shall review all filings andshall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Folan, Karen) (Entered:12/11/2015)
01/15/2016 288 NOTICE by Neovasc Inc., Neovasc Tiara Inc. of Defendants' Intention to Filea Dispositive Motion (Cacovean, Corina) (Entered: 01/15/2016)
01/15/2016 289 STATUS REPORT re Dispositive Motions by CardiAQ Valve Technologies,Inc.. (Lea, Christy) (Entered: 01/15/2016)
02/01/2016 290 MOTION for Summary Judgment by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Text of Proposed Order)(Graves, Charles) (Entered:02/01/2016)
02/01/2016 291 MEMORANDUM in Support re 290 MOTION for Summary Judgment filedby Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered: 02/01/2016)
02/01/2016 292 Statement of Material Facts L.R. 56.1 re 290 MOTION for SummaryJudgment filed by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles)(Entered: 02/01/2016)
02/01/2016 294 NOTICE OF MANUAL FILING by Neovasc Inc., Neovasc Tiara Inc.Unredacted copies of Neovasc's Memorandum of Law, Separate Statement ofUndisputed Facts and Sealed exhibits to Cacovean Declaration re 291Memorandum in Support of Motion, 292 Statement of Material Facts L.R.56.1, 293 Declaration,, (Graves, Charles) (Entered: 02/01/2016)
02/01/2016 295 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofJoshua A. Baskin Filing fee: $ 100, receipt number 0101−5955869 by NeovascInc., Neovasc Tiara Inc.. (Attachments: # 1 Certification of Joshua A. Baskin,Esq. in Support of Motion for Admission Pro Hac Vice)(Chinitz, Michael)(Entered: 02/01/2016)
02/01/2016 296 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of JoelC. Boehm Filing fee: $ 100, receipt number 0101−5955875 by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Certification of Joel C. Boehm, Esq. inSupport of Motion for Admission Pro Hac Vice)(Chinitz, Michael) (Entered:02/01/2016)
02/01/2016 300 MOTION to Seal and Impound Defendants' Materials and Exhibits in Supportof Defendants' Motion for Partial Summary Judgment by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Text of Proposed Order)(Montes,Mariliz) (Entered: 02/03/2016)
02/02/2016 297 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 295Motion for Leave to Appear Pro Hac Vice Added Joshua A. Baskin.Attorneys admitted Pro Hac Vice must register for electronic filing if theattorney does not already have an ECF account in this district. To registergo to the Court website at www.mad.uscourts.gov. Select CaseInformation, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. Pursuant to Local Rule 83.5.3, local counsel shall alsofile an appearance in this matter. Further, local counsel shall review all filingsand shall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Montes, Mariliz) (Entered:02/02/2016)
02/02/2016 298 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 296Motion for Leave to Appear Pro Hac Vice Added Joel C. Boehm. Attorneysadmitted Pro Hac Vice must register for electronic filing if the attorneydoes not already have an ECF account in this district. To register go tothe Court website at www.mad.uscourts.gov. Select Case Information,then Electronic Filing (CM/ECF) and go to the CM/ECF RegistrationForm. Pursuant to Local Rule 83.5.3, local counsel shall also file anappearance in this matter. Further, local counsel shall review all filings andshall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Montes, Mariliz) (Entered:02/02/2016)
02/02/2016 299 Recommendations for Scheduling Order (JOINT PROPOSED PRETRIALSCHEDULING ORDER). (Graves, Charles) (Entered: 02/02/2016)
02/03/2016 301 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 300Motion to Seal (Folan, Karen) (Entered: 02/03/2016)
02/03/2016 305 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The PartiesProposed Pretrial Schedule is So Ordered, except as follows: the Final PretrialConference is rescheduled to April 11, 2016 at 2:00 pm and the parties musttherefore file the following by April 8: 16.5(d) Pretrial Memorandum;proposed jury instructions, proposed interrogatories or special verdict form;proposed questions for voir dire; 16.5(f) Trial Briefs. In addition, a summaryjudgment motion hearing is scheduled for March 17 at 11:00 am. (Folan,Karen) (Entered: 02/03/2016)
02/04/2016 306 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofJoshua Stowell Filing fee: $ 100, receipt number 0101−5961375 by CardiAQValve Technologies, Inc.. (Attachments: # 1 Exhibit Exhibit A −Declaration)(Kaler, Robert) (Entered: 02/04/2016)
02/04/2016 307 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofBrian C. Horne Filing fee: $ 100, receipt number 0101−5961429 by CardiAQValve Technologies, Inc.. (Attachments: # 1 Exhibit Exhibit A−−Declaration)(Kaler, Robert) (Entered: 02/04/2016)
02/04/2016 308 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofJenna C. Kelleher Filing fee: $ 100, receipt number 0101−5961450 byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit Exhibit A −−Declaration)(Kaler, Robert) (Entered: 02/04/2016)
02/05/2016 309 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 306Motion for Leave to Appear Pro Hac Vice Added Joshua Stowell. Attorneysadmitted Pro Hac Vice must register for electronic filing if the attorneydoes not already have an ECF account in this district. To register go tothe Court website at www.mad.uscourts.gov. Select Case Information,then Electronic Filing (CM/ECF) and go to the CM/ECF RegistrationForm. Pursuant to Local Rule 83.5.3, local counsel shall also file anappearance in this matter. Further, local counsel shall review all filings andshall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Montes, Mariliz) (Entered:02/05/2016)
02/05/2016 310 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 307Motion for Leave to Appear Pro Hac Vice Added Brian C. Horne. Attorneysadmitted Pro Hac Vice must register for electronic filing if the attorneydoes not already have an ECF account in this district. To register go tothe Court website at www.mad.uscourts.gov. Select Case Information,then Electronic Filing (CM/ECF) and go to the CM/ECF RegistrationForm. Pursuant to Local Rule 83.5.3, local counsel shall also file anappearance in this matter. Further, local counsel shall review all filings andshall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Montes, Mariliz) (Entered:02/05/2016)
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 308Motion for Leave to Appear Pro Hac Vice Added Jenna C. Kelleher.Attorneys admitted Pro Hac Vice must register for electronic filing if theattorney does not already have an ECF account in this district. To registergo to the Court website at www.mad.uscourts.gov. Select CaseInformation, then Electronic Filing (CM/ECF) and go to the CM/ECFRegistration Form. Pursuant to Local Rule 83.5.3, local counsel shall alsofile an appearance in this matter. Further, local counsel shall review all filingsand shall personally appear in Court for any hearings or conferences, unlessexpressly excused by the Court for good cause. (Montes, Mariliz) (Entered:02/05/2016)
02/29/2016 312 Assented to MOTION to Seal Opposition and Supporting Documents toDefendants' Motion for Partial Summary Judgment by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1[Proposed] Redacted Opposition to Motion for Partial Summary Judgment, # 3Exhibit 2 Appendix A to Opposition to Motion for Partial Summary Judgment,# 4 Exhibit 3 Statement of Disputed Facts in Opposition to Motion for PartialSummary Judgment, # 5 Exhibit 4 Exhibits 101−124 to Ratz Declaration inOpposition to Motion for Partial Summary Judgment, # 6 Exhibit 5 Exhibits130−157, 155−160, 163−169 to Speegle Declaration in Opposition to Motionfor Partial Summary Judgment, # 7 Exhibit 6 Ratz Declaration in Support ofOpposition to Motion for Partial Summary Judgment)(Sganga, John) (Entered:02/29/2016)
02/29/2016 313 AFFIDAVIT of Mark A. Speegle in Opposition re 290 MOTION forSummary Judgment filed by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Exhibit 154, # 2 Exhibit 161, # 3 Exhibit 162, # 4 Exhibit170)(Speegle, Mark) (Entered: 02/29/2016)
03/01/2016 314 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 312Assented−Motion to Seal and Impound Opposition of Plaintiff's to 290Defendants' Motion for Partial Summary Judgment and SupportingDocuments of Plaintiff (Montes, Mariliz) (Entered: 03/01/2016)
03/11/2016 319 MOTION to Seal Portions of Neovasc's Reply in support of Partial Motion forSummary Judgment and portions of Response to CardiAQ's Statement ofDisputed Material Facts by Neovasc Inc., Neovasc Tiara Inc..(Graves,Charles) (Main Document 319 replaced on 3/14/2016) (Montes, Mariliz).(Additional attachment(s) added on 3/14/2016: # 1 Text of Proposed Order)(Montes, Mariliz). (Entered: 03/11/2016)
03/11/2016 320 REPLY to Response to 290 MOTION for Summary Judgment filed byNeovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered: 03/11/2016)
03/11/2016 321 Statement of Material Facts L.R. 56.1 re 290 MOTION for SummaryJudgment Response in Opposition to CardiAQ's Statement of Material Factsfiled by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered:03/11/2016)
03/14/2016 322 Notice of correction to docket made by Court staff. Correction: Docket 319corrected by detaching proposed order from motion and re−filing it as anattachment. (Montes, Mariliz) (Entered: 03/14/2016)
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 319Motion to Seal (Folan, Karen) (Entered: 03/14/2016)
03/15/2016 324 Assented to MOTION to Seal Supporting Documents by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Text of Proposed Order, # 2Exhibit)(Sganga, John) (Entered: 03/15/2016)
03/15/2016 325 Supplemental AFFIDAVIT in Opposition re 290 MOTION for SummaryJudgment filed by CardiAQ Valve Technologies, Inc.. (Attachments: # 1Affidavit)(Sganga, John) (Entered: 03/15/2016)
03/15/2016 326 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 324Motion to Seal (Folan, Karen) (Entered: 03/15/2016)
03/18/2016 330 NOTICE of Appearance by Alan D. Rose, Sr on behalf of Neovasc Inc.,Neovasc Tiara Inc. (Rose, Alan) (Entered: 03/18/2016)
03/23/2016 331 Assented to MOTION to Seal Presentation Slides Presented at the March 17,2016 Hearing on Defendants' Motion for Partial Summary Judgment byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Text of Proposed Order,# 2 Exhibit 1)(Lea, Christy) (Entered: 03/23/2016)
03/23/2016 332 NOTICE by CardiAQ Valve Technologies, Inc. of Lodging PresentationSlides Presented at the March 17, 2016 Hearing on Defendants' Motion forPartial Summary Judgment (Attachments: # 1 Exhibit 1)(Lea, Christy)(Entered: 03/23/2016)
03/23/2016 333 CORPORATE DISCLOSURE STATEMENT by CardiAQ ValveTechnologies, Inc. identifying Other Affiliate Edwards Lifesciences CardiAQLLC for CardiAQ Valve Technologies, Inc... (Lea, Christy) (Entered:03/23/2016)
03/24/2016 334 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 331Motion to Seal. (Folan, Karen) (Entered: 03/24/2016)
03/25/2016 335 Transcript of Hearing held on March 17, 2016, before Judge Allison D.Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 4/15/2016. RedactedTranscript Deadline set for 4/25/2016. Release of Transcript Restriction set for6/23/2016. (Scalfani, Deborah) (Entered: 03/25/2016)
03/25/2016 336 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 03/25/2016)
03/25/2016 337 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Motion Hearing held on 3/25/2016 re 290 MOTION for SummaryJudgment filed by Neovasc Tiara Inc. Oral arguments by the parties. Courttakes matter under advisement. Colloquy re: trial schedule. Court will sit fulldays 10−4, will select 12 sitting jurors, time limits of 30 hours each notincluding openings and closings. Neovasc Inc., Daubert Hearing/Final PretrialConference set for 4/11/2016 01:00 PM in Courtroom 17 before Judge Allison
D. Burroughs. (Court Reporter: Carol Scott [email protected].)(Attorneys present: Lea, Kelleher, Kaler, Rose,Graves, Carsten, Boehm, Flynn, Baskin, Ascarrunz) (Folan, Karen) (Entered:03/25/2016)
03/25/2016 339 MOTION to Seal Exhibits in support of Neovasc's motions in limine andmotions to exclude expert testimony by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Text of Proposed Order)(Graves, Charles) (Entered:03/25/2016)
03/25/2016 340 MOTION in Limine to Exclude Purported Expert Testimony of CardiAQ's J.Brent Ratz by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Text ofProposed Order)(Graves, Charles) (Entered: 03/25/2016)
03/25/2016 341 MEMORANDUM in Support re 340 MOTION in Limine to ExcludePurported Expert Testimony of CardiAQ's J. Brent Ratz filed by Neovasc Inc.,Neovasc Tiara Inc.. (Graves, Charles) (Entered: 03/25/2016)
03/25/2016 342 DECLARATION re 340 MOTION in Limine to Exclude Purported ExpertTestimony of CardiAQ's J. Brent Ratz by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (filed under seal))(Cacovean,Corina) (Entered: 03/25/2016)
03/25/2016 343 Assented to MOTION to Seal Motion in limine No. 3 and SupportingDocuments by CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Text ofProposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6Exhibit 5)(Lea, Christy) (Entered: 03/25/2016)
03/25/2016 344 MOTION in Limine to Exclude Expert Testimony of Michael Wagner byNeovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Text of ProposedOrder)(Graves, Charles) (Entered: 03/25/2016)
03/25/2016 345 MOTION in Limine No. 1 to Exclude Any Exhibit or Other Evidence UsingNeovasc's "PUBLICDOMAIN" Production Prefix by CardiAQ ValveTechnologies, Inc..(Lea, Christy) (Entered: 03/25/2016)
03/25/2016 346 MEMORANDUM in Support re 344 MOTION in Limine to Exclude ExpertTestimony of Michael Wagner filed by Neovasc Inc., Neovasc Tiara Inc..(Graves, Charles) (Entered: 03/25/2016)
03/25/2016 347 MEMORANDUM in Support re 345 MOTION in Limine No. 1 to ExcludeAny Exhibit or Other Evidence Using Neovasc's "PUBLICDOMAIN"Production Prefix filed by CardiAQ Valve Technologies, Inc.. (Lea, Christy)(Entered: 03/25/2016)
03/25/2016 348 DECLARATION re 344 MOTION in Limine to Exclude Expert Testimony ofMichael Wagner by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1Exhibit 1 (filed under seal), # 2 Exhibit 2 (filed under seal), # 3 Exhibit 3 (filedunder seal))(Cacovean, Corina) (Entered: 03/25/2016)
03/25/2016 349 MOTION in Limine No. 2 to Exclude Evidence or Argument re the Sufficiencyof CardiAQ's Revised Disclosure of Trade Secrets by CardiAQ ValveTechnologies, Inc..(Lea, Christy) (Entered: 03/25/2016)
03/25/2016 350 MEMORANDUM in Support re 349 MOTION in Limine No. 2 to ExcludeEvidence or Argument re the Sufficiency of CardiAQ's Revised Disclosure of
03/25/2016 351 MOTION in Limine No. 3 to Exclude Any Argument or Evidence re the Safetyof the CardiAQ TMVI Device by CardiAQ Valve Technologies, Inc..(Lea,Christy) (Entered: 03/25/2016)
03/25/2016 352 MOTION in Limine No. 4 to Preclude Neovasc From Offering Any Evidenceor Argument re CardiAQ's Request for Injunctive Relief or the FinancialImpact of Any Damages Award by CardiAQ Valve Technologies, Inc..(Lea,Christy) (Entered: 03/25/2016)
03/25/2016 353 MEMORANDUM in Support re 352 MOTION in Limine No. 4 to PrecludeNeovasc From Offering Any Evidence or Argument re CardiAQ's Request forInjunctive Relief or the Financial Impact of Any Damages Award filed byCardiAQ Valve Technologies, Inc.. (Lea, Christy) (Entered: 03/25/2016)
03/25/2016 354 MOTION in Limine to Exclude Certain Expert Opinions of Richard Hillsteadby Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Text of ProposedOrder)(Graves, Charles) (Entered: 03/25/2016)
03/25/2016 355 MEMORANDUM in Support re 354 MOTION in Limine to Exclude CertainExpert Opinions of Richard Hillstead filed by Neovasc Inc., Neovasc TiaraInc.. (Graves, Charles) (Entered: 03/25/2016)
03/25/2016 356 AFFIDAVIT in Support re 349 MOTION in Limine No. 2 to ExcludeEvidence or Argument re the Sufficiency of CardiAQ's Revised Disclosure ofTrade Secrets, 352 MOTION in Limine No. 4 to Preclude Neovasc FromOffering Any Evidence or Argument re CardiAQ's Request for InjunctiveRelief or the Financial Impact of Any Damages Award, 345 MOTION inLimine No. 1 to Exclude Any Exhibit or Other Evidence Using Neovasc's"PUBLICDOMAIN" Production Prefix, 351 MOTION in Limine No. 3 toExclude Any Argument or Evidence re the Safety of the CardiAQ TMVI Devicefiled by CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit 1, # 2Exhibit 3, # 3 Exhibit 7)(Lea, Christy) (Entered: 03/25/2016)
03/25/2016 357 DECLARATION re 354 MOTION in Limine to Exclude Certain ExpertOpinions of Richard Hillstead by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Exhibit 1 (filed under seal), # 2 Exhibit 2 (filed under seal),# 3 Exhibit 3 (filed under seal), # 4 Exhibit 4 (filed under seal), # 5 Exhibit5)(Cacovean, Corina) (Entered: 03/25/2016)
03/25/2016 358 MOTION in Limine by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1Text of Proposed Order)(Graves, Charles) (Entered: 03/25/2016)
03/25/2016 359 MEMORANDUM in Support re 358 MOTION in Limine Nos. 1−4 filed byNeovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered: 03/25/2016)
SEALED exhibits to declaration of Corina I. Cacovean in support ofdefendants Neovasc and Neovasc Tiara's motion for exclude certain expertopinions of Richard Hillstead, FILED UNDER SEAL. (Attachments: # 1Exhibit, # 2 Exhibit, # 3 Exhibit)(Flaherty, Elaine) Modified on 3/28/2016(Flaherty, Elaine). (Entered: 03/28/2016)
03/25/2016 362 SEALED Exhibit two to declaration of Corina Cacovean in support ofDefendants Neovasc and Neovasc Tiara, Inc.'s motion to exclude purportedexpert testimony of Brent Ratz, FILED UNDER SEAL. (Flaherty, Elaine)Modified on 3/28/2016 (Flaherty, Elaine). (Entered: 03/28/2016)
03/25/2016 363 SEALED exhibits to declaration of Corina Cacovean re: defendants Neovascand Neovasc Tiara's Motion to exclude expert testimony of Michael Wagner,FILED UNDER SEAL. (Attachments: # 1 Exhibit, # 2 Exhibit)(Flaherty,Elaine) (Entered: 03/28/2016)
03/29/2016 365 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 339Motion to Seal (Folan, Karen) (Entered: 03/29/2016)
03/29/2016 366 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 343Motion to Seal (Folan, Karen) (Entered: 03/29/2016)
03/30/2016 367 SEALED Portions of CardiAQ's Memorandum in support of Motion in LimineNo. 3, FILED UNDER SEAL. (Flaherty, Elaine) (Entered: 03/30/2016)
03/30/2016 368 SEALED Portions of Exhibit 2 to the declaration of Christy Lea in support ofCardiAQs Motions in Limine Nos. 1−4, Portions of Exhibit 4 to theDeclaration of Christy Lea in support of CardiAQ's Motions in Limine Nos.1−4, Exhibit 5 to Declaration of Christy Lea in Support of CardiAQ's Motionsin Limine Nos. 1−4 and Portions of Exhibit 6 to the Declaration of Christy G.Lea in support of CardiAQ's Motions in Limine Nos. 1−4, FILED UNDERSEAL. (Flaherty, Elaine) (Entered: 03/30/2016)
04/04/2016 369 MOTION for Leave to Appear Pro Hac Vice for admission of Colleen BalFiling fee: $ 100, receipt number 0101−6053115 by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Certification of Colleen Bal, Esq. in Support ofMotion for Admission Pro Hac Vice)(Chinitz, Michael) (Entered: 04/04/2016)
04/05/2016 370 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 369Motion for Leave to Appear Pro Hac Vice Added Bal. Attorneys admittedPro Hac Vice must register for electronic filing if the attorney does notalready have an ECF account in this district. To register go to the Courtwebsite at www.mad.uscourts.gov. Select Case Information, thenElectronic Filing (CM/ECF) and go to the CM/ECF Registration Form.Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance inthis matter. Further, local counsel shall review all filings and shall personallyappear in Court for any hearings or conference, unless expressly excused bythe Court for good cause. (Flaherty, Elaine) (Entered: 04/05/2016)
04/06/2016 371 Assented to MOTION to Seal Opposition and Supporting Documents toDefendants' Motion to Exclude All Testimony of Michael J. Wagner byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Text of Proposed Order,# 2 Exhibit 1, # 3 Exhibit 2)(Lea, Christy) (Entered: 04/06/2016)
AFFIDAVIT in Opposition re 344 MOTION in Limine to Exclude ExpertTestimony of Michael Wagner filed by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Exhibit 26, # 2 Exhibit 608, # 3 Exhibit 359, # 4 ExhibitA)(Lea, Christy) (Entered: 04/06/2016)
04/07/2016 373 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 371Motion to Seal (Folan, Karen) (Entered: 04/07/2016)
04/07/2016 374 Assented to MOTION to Seal by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1)(Lea, Christy)(Entered: 04/07/2016)
04/07/2016 375 Assented to MOTION to Seal Exhibit 26 to the Declaration of Lea in Supportof Opposition to Defendants' Motion to Exclude All Testimony of Dr. Hillsteadby CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Text of ProposedOrder, # 2 Exhibit 1)(Lea, Christy) (Entered: 04/07/2016)
04/07/2016 376 Opposition re 354 MOTION in Limine to Exclude Certain Expert Opinions ofRichard Hillstead filed by CardiAQ Valve Technologies, Inc.. (Lea, Christy)(Entered: 04/07/2016)
04/07/2016 377 AFFIDAVIT in Opposition re 354 MOTION in Limine to Exclude CertainExpert Opinions of Richard Hillstead filed by CardiAQ Valve Technologies,Inc.. (Attachments: # 1 Exhibit 384, # 2 Exhibit B, # 3 Exhibit 26 (filed underseal), # 4 Exhibit C)(Lea, Christy) (Entered: 04/07/2016)
04/07/2016 378 Opposition re 340 MOTION in Limine to Exclude Purported ExpertTestimony of CardiAQ's J. Brent Ratz filed by CardiAQ Valve Technologies,Inc.. (Lea, Christy) (Entered: 04/07/2016)
04/07/2016 379 AFFIDAVIT in Opposition re 340 MOTION in Limine to Exclude PurportedExpert Testimony of CardiAQ's J. Brent Ratz filed by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Lea, Christy)(Entered: 04/07/2016)
04/07/2016 385 SEALED Portions of CardiAQ's opposition to Defendants' Motion to Excludeall testimony of Michael J. Wagner, FILED UNDER SEAL. (Flaherty, Elaine)(Entered: 04/08/2016)
04/07/2016 386 SEALED Exhibit 26 to the Declaration of Christy G. Lea by CardiAQ inopposition to Defendants' Motion to Exclude all testimony of Michael J.Wagner, FILED UNDER SEAL. (Attachments: # 1 Exhibit 359 toDeclaration, # 2 Exhibit 608 to Declaration)(Flaherty, Elaine) (Entered:04/08/2016)
04/08/2016 380 Assented to MOTION to Seal Opposition and Supporting Documents toDefendants' Motions in limine Nos. 1−4 by CardiAQ Valve Technologies,Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, #4 Exhibit 3)(Lea, Christy) (Entered: 04/08/2016)
04/08/2016 381 Opposition re 358 MOTION in Limine No. 1 filed by CardiAQ ValveTechnologies, Inc.. (Lea, Christy) (Entered: 04/08/2016)
04/08/2016 382 Opposition re 358 MOTION in Limine No. 3 filed by CardiAQ ValveTechnologies, Inc.. (Lea, Christy) (Entered: 04/08/2016)
04/08/2016 383 AFFIDAVIT in Opposition re 358 MOTION in Limine No. 3 filed byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit G, # 2 ExhibitL, # 3 Exhibit M)(Lea, Christy) (Entered: 04/08/2016)
04/08/2016 384 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 374Motion to Seal (Folan, Karen) (Entered: 04/08/2016)
04/08/2016 387 MOTION to Seal Neovasc's Opposition to CardiAQ's Motion in Limine No. 3and Ex. 2 to Cacovean Declaration in support of oppositions to motions inlimine by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Text ofProposed Order)(Graves, Charles) (Entered: 04/08/2016)
04/08/2016 388 MEMORANDUM in Opposition re 345 MOTION in Limine No. 1 to ExcludeAny Exhibit or Other Evidence Using Neovasc's "PUBLICDOMAIN"Production Prefix filed by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles)(Entered: 04/08/2016)
04/08/2016 389 MEMORANDUM in Opposition re 349 MOTION in Limine No. 2 to ExcludeEvidence or Argument re the Sufficiency of CardiAQ's Revised Disclosure ofTrade Secrets filed by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles)(Entered: 04/08/2016)
04/08/2016 390 MEMORANDUM in Opposition re 351 MOTION in Limine No. 3 to ExcludeAny Argument or Evidence re the Safety of the CardiAQ TMVI Device filed byNeovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered: 04/08/2016)
04/08/2016 392 MEMORANDUM in Opposition re 352 MOTION in Limine No. 4 toPreclude Neovasc From Offering Any Evidence or Argument re CardiAQ'sRequest for Injunctive Relief or the Financial Impact of Any Damages Awardfiled by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered:04/08/2016)
04/08/2016 393 DECLARATION re 388 Memorandum in Opposition to Motion, 389Memorandum in Opposition to Motion, 392 Memorandum in Opposition toMotion, 390 Memorandum in Opposition to Motion by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 [Filed UnderSeal])(Cacovean, Corina) (Entered: 04/08/2016)
04/08/2016 394 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 375Motion to Seal (Folan, Karen) (Entered: 04/08/2016)
04/08/2016 395 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 380Motion to Seal (Folan, Karen) (Entered: 04/08/2016)
04/08/2016 396 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 387Motion to Seal (Folan, Karen) (Entered: 04/08/2016)
04/08/2016 397 SEALED Memorandum of defendants Neovasc Inc. and Neovasc Tiara Inc.'sOpposition to CardiAQ's Motion in Limine No. 3, FILED UNDER SEAL.(Flaherty, Elaine) (Entered: 04/08/2016)
SEALED Exhibit 2 to the Declaration of Coina I. Cacovean of defendants inOpposition to CardiAQ's Motions in Limine, FILED UNDER SEAL.(Flaherty, Elaine) (Entered: 04/08/2016)
04/08/2016 399 TRIAL BRIEF Concerning the Merits, Evidentiary Issues and ProceduralIssues by CardiAQ Valve Technologies, Inc.. (Lea, Christy) (Entered:04/08/2016)
04/08/2016 400 TRIAL BRIEF Concerning Jury Instructions and Related Documents byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit A, # 2 ExhibitB, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Lea, Christy)(Entered: 04/08/2016)
04/08/2016 401 TRIAL BRIEF by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1Attachment 1 (Neovasc's Proposed Jury Instructions and Proposed VerdictForm), # 2 Attachment 2 (Neovasc's Objections and Responses to CardiAQ'sProposed Jury Instructions and Verdict Form), # 3 Attachment 3 (ProposedVoir Dire Questions))(Graves, Charles) (Entered: 04/08/2016)
04/08/2016 403 APPENDIX/EXHIBIT re 401 Trial Brief, of Foreign Authorities by NeovascInc., Neovasc Tiara Inc.. (Attachments: # 1 Attachments 1−4, # 2 Attachments5−11)(Graves, Charles) (Entered: 04/08/2016)
04/08/2016 404 SEALED Exhibit 26 to declaration of Christy G. Lea re: CardiAQ's oppositionto defendants' Motion to exclude testimony of Dr. Hillstead, FILED UNDERSEAL. (Flaherty, Elaine) (Entered: 04/11/2016)
04/08/2016 405 SEALED Portions of CardiAQ's Opposition to defendants' Motion in LimineNo.2, FILED UNDER SEAL. (Flaherty, Elaine) (Entered: 04/11/2016)
04/08/2016 406 SEALED Portions of CardiAQ's Opposition to Defendants' Motion in LimineNo. 4, FILED UNDER SEAL. (Flaherty, Elaine) (Main Document 406replaced on 4/13/2016) (Folan, Karen). (Entered: 04/11/2016)
04/08/2016 407 SEALED exhibits to the delcaration of Christy G. Lea of CardiAQ inopposition to defendants Motion in limine nos. 1,3, and 4, FILED UNDERSEAL. (Attachments: # 1 Exhibit, # 2 Exhibit)(Flaherty, Elaine) (Entered:04/11/2016)
04/12/2016 408 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Final Pretrial Conference held on 4/11/2016. Colloquy re:Summary Judgment motion. Order to issue. Colloquy re: trial − 30 hours perside which includes openings and closings. No jury questionnaire, 12 jurorswill be selected, 3 strikes per side. Colloquy re: motions in limine. Order toissue. (Court Reporter: Carol Scott at [email protected].)(Attorneyspresent: various) (Folan, Karen) Modified on 4/14/2016 (Scalfani, Deborah).(Entered: 04/12/2016)
04/13/2016 409 NOTICE by Neovasc Inc., Neovasc Tiara Inc. of Lodging Slides Related toMotion to Exclude Expert Testimony of Michael J. Wagner Presented at
Pretrial Hearing on April 11, 2016 (Attachments: # 1 Exhibit 1)(Graves,Charles) (Entered: 04/13/2016)
04/19/2016 410 NOTICE by Neovasc Inc., Neovasc Tiara Inc. of Intent to Seek Judicial Noticeof Trial Exhibits (Attachments: # 1 Exhibit A)(Graves, Charles) (Entered:04/19/2016)
04/21/2016 411 Assented to MOTION for Leave to Appear Pro Hac Vice for admission ofHans L. Mayer Filing fee: $ 100, receipt number 0101−6077076 by CardiAQValve Technologies, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Kaler, Robert)(Entered: 04/21/2016)
04/21/2016 412 Judge Allison D. Burroughs: ELECTRONIC ORDER entered with attachedproposed voir dire. After carefully considering the parties' proposed voir direquestions [ECF Nos. 400−5, 401−3], and making certain discretionaryalterations, additions, and deletions, the Court finds that the attached voir direquestions fairly address the substance of the parties' concerns and will enablethe parties to exercise any challenges to prospective jurors in this case. Theparties may submit comments regarding these voir dire questions by April 28,2016. (Folan, Karen) (Entered: 04/21/2016)
04/22/2016 413 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 411Motion for Leave to Appear Pro Hac Vice Added Mayer. Attorneys admittedPro Hac Vice must register for electronic filing if the attorney does notalready have an ECF account in this district. To register go to the Courtwebsite at www.mad.uscourts.gov. Select Case Information, thenElectronic Filing (CM/ECF) and go to the CM/ECF Registration Form.Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance inthis matter. Further, local counsel shall review all filings and shall personallyappear in Court for any hearings or conferences, unless expressly excused bythe Court for good cause. (Flaherty, Elaine) (Entered: 04/22/2016)
04/25/2016 414 Transcript of Motion Hearing held on April 11, 2016, before Judge Allison D.Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 5/16/2016. RedactedTranscript Deadline set for 5/26/2016. Release of Transcript Restriction set for7/25/2016. (Scalfani, Deborah) (Entered: 04/25/2016)
04/25/2016 415 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 04/25/2016)
04/25/2016 416 Errata by CardiAQ Valve Technologies, Inc. to 391 Pretrial Memorandum .(Lea, Christy) (Entered: 04/25/2016)
04/25/2016 417 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM ANDORDER entered. For the reasons set forth herein, Neovascs Motion for PartialSummary Judgment [ECF No. 290] is granted as to Count IV (the fraud count)and denied as to Counts I and VI (for correction of inventorship and Chapter93A).(Folan, Karen) (Entered: 04/25/2016)
04/25/2016 418 69 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM ANDORDER entered. Omnibus Memorandum and Order Resolving Motions toExclude and Motions in Limine [ECF Nos. 340, 344, 345, 349, 351, 352, 354,358]. (Folan, Karen) (Entered: 04/25/2016)
04/28/2016 419 Letter/request (non−motion) from CardiAQ Valve Technologies, Inc. reProposed Voir Dire. (Lea, Christy) (Entered: 04/28/2016)
04/28/2016 420 Case no longer referred to Magistrate Judge Marianne B. Bowler. (Garvin,Brendan) (Entered: 04/28/2016)
04/28/2016 421 Letter/request (non−motion) from Charles T. Graves for Defendants NeovascInc. and Neovasc Tiara Inc. in response to Court Order 412 and CardiAQ'sletter 419 re Court's Proposed Voir Dire . (Attachments: # 1 Redlined versionof Court's Proposed Voir Dire)(Graves, Charles) (Entered: 04/28/2016)
05/02/2016 422 BRIEF by CardiAQ Valve Technologies, Inc. re Evidence of Product Safety.(Lea, Christy) (Entered: 05/02/2016)
05/02/2016 423 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 1 held on 5/2/2016. Jury of 12 sworn. Preliminaryjury instructions given. (Court Reporter: Debra Joyce [email protected].)(Attorneys present: various) (Folan, Karen) (Entered:05/02/2016)
05/02/2016 424 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On May 2,2016, following jury empanelment, the Court resolved from the bench theissues raised in CardiAQs Memorandum on Evidence of Product Safety. [ECFNo. 422]. Afterwards, Neovasc raised four objections in anticipation oftomorrows opening arguments, two of which the Court resolved from thebench. The two remaining objections are resolved via this eOrder:1. First,Neovasc objected to CardiAQ arguing that Neovasc had a duty to disclose toCardiAQ its allegedly competing conduct. In the Order resolving NeovascsMotion for Summary Judgment [ECF No. 417], the Court held that Neovascdid not commit fraud by failing to disclosebecause Neovasc did not make anyaffirmative representations at the outset of its business relationship that itwould not compete, it did not defraud CardiAQ by failing to disclose suchactivity once it began. Though Neovasc did not have a common law duty todisclose its competing activity, its failure to disclose is relevant to the Chapter93A count and therefore evidence and argument regarding its failure todisclose are admissible. To prove a Chapter 93A claim, [I]t is neithernecessary nor sufficient that a particular act or practice violate common orstatutory law. In re Pharm. Indus. Average Wholesale Price Litig., 582 F.3d156, 184 (1st Cir. 2009) (internal quotations omitted). Rather, Massachusettscourts evaluate unfair and deceptive trade practice claims based on thecircumstances of each case, leaving the determination of what constitutes anunfair trade practice to the finder of fact. Id.; see also Cooper v. CharterCommcns Entertainments I, LLC, 760 F.3d 103, 111 (1st Cir. 2014)([B]ecause there is no limit to human inventiveness in this field, Massachusettscourts evaluate unfair and deceptive trade practice claims based on thecircumstances of each case.) (internal quotations omitted). Chapter 93Abroadly imposes liability for conduct that fall[s] within the penumbra of somecommon−law, statutory, or other established concept of unfairness or [is]immoral, unethical, oppressive or unscrupulous. Elec. Ins. Co. v. Great S. Fin.
Corp., No. CV 14−14172−FDS, 2016 WL 1452338, at *10 (D. Mass. Apr. 13,2016) (quoting Commercial Union Ins. Co. v. Seven Provinces Ins. Co., 217F.3d 33, 40 (1st Cir. 2000)). Accordingly, even though Neovasc did not have astandalone duty to disclose its competing conduct, its alleged failure todisclosewhile continuing to work with CardiAQ and obtaining CardiAQsconfidential informationis relevant to whether its conduct as a wholeconstituted unfair and deceptive conduct in violation of Chapter 93A. SeeV.S.H. Realty, Inc. v. Texaco, Inc., 757 F.2d 411, 417 (1st Cir. 1985)(Massachusetts case law suggests that one difference between a fraud claimand the more liberal 93A is allowance of a cause of action even in the absenceof a duty to disclose.).2. Second, Neovasc objected to CardiAQ arguing thatNeovasc breached the Non−Disclosure Agreement (NDA) by failing to returnCardiAQs Confidential Information upon request. The NDA states that [u]ponDisclosures request, Recipient shall immediately return all written, graphic orother tangible items of Confidential Information and all copies therefore,except for one copy which may be retain for record retention purposes only....[ECF No. 64−2 8]. In the parties Joint Pretrial Memo, filed on April 8, 2016,CardiAQ stated that one issue of disputed fact regarding the breach of contractclaim was whether Neovasc failed to immediately return all CardiAQsconfidential information upon CardiAQs request. [ECF No. 391 at 18]. InNeovascs Trial Brief [ECF No. 401 at 11], in its Objections to CardiAQsProposed Jury Instructions [ECF No. 401−2 at 11], and again today in Court,Neovasc argued that CardiAQ could not advance this breach of contract theoryat trial, because CardiAQ had never raised it before. The Court agrees withNeovasc and will not allow CardiAQ to advance this breach of contract theory.The operative complaint does not reference the section of the NDA at issuenor allege that CardiAQ requested and/or that Neovasc failed to returnConfidential Information. [ECF No. 64]. CardiAQ argues that it only learnedof this breach during discovery. CardiAQ, however, did not need anydiscovery from Neovasc to determine whether it had received the requestedConfidential Information. Moreover, CardiAQ had ample opportunity toamend its complaint over the past year, rather than raise this theory for the firsttime in its Pretrial Memo. See Torres−Rios v. LPS Labs., Inc., 152 F.3d 11, 16(1st Cir. 1998) (Allowing addition of a new theory of liability after... discoveryhad closed in April unquestionably would prejudice defendant.). Though theComplaint included a count for breach of the NDA, the theory advanced wasthat Neovasc used and disclosed CardiAQs Confidential Information [ECF No.64 41−43], which is substantially different from the new breach theory basedon a failure to return. See NASCO, Inc. v. Public Storage, Inc., 29 F.3d 28,3435 (1st Cir. 1994) (finding that Court may only infer unpleaded legal theoryif the essential allegations have already been pled); see also Vieira v. First Am.Title Ins. Co., 668 F. Supp. 2d 282, 289 (D. Mass. 2009) (noting that apleading must explain what obligations the alleged contract imposed on eachof the parties to avoid dismissal under Rule 12(b)(6))). (Folan, Karen)(Entered: 05/03/2016)
05/03/2016 427 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 2 held on 5/3/2016. A. Quadri sworn and testifies.(Court Reporter: Lee Marzilli at [email protected].)(Attorneys present:various) (Folan, Karen) (Entered: 05/04/2016)
05/04/2016 425 BRIEF by CardiAQ Valve Technologies, Inc. re Evidence of Neovasc's
05/04/2016 426 BRIEF by CardiAQ Valve Technologies, Inc. re Instruction to Cure Neovasc'sViolation of the Court's Order re CardiAQ MIL No. 4. (Lea, Christy) (Entered:05/04/2016)
05/04/2016 429 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 3 held on 5/4/2016. Testimony of A. Quadriresumes. J. Brent Ratz sworn and testifies. (Court Reporter: Debra Joyce [email protected].)(Attorneys present: various) (Folan, Karen) (Entered:05/05/2016)
05/05/2016 428 Response by Neovasc Inc., Neovasc Tiara Inc. to 425 Brief RegardingNeovasc's Customer Relationships. (Graves, Charles) (Entered: 05/05/2016)
05/05/2016 431 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 4 held on 5/5/2016. Testimony of Brent Ratzcontinues. (Court Reporter: Debra Joyce [email protected].)(Attorneys present: various) (Folan, Karen) (Entered:05/06/2016)
05/05/2016 432 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. In connectionwith CardiAQ's Bench Memorandum Regarding Evidence of Neovasc'sCustomer Relationships [ECF No. 425], CardiAQ is directed to file completecopies of Randy Lanes' deposition transcripts by 5/6/2016.(Folan, Karen)(Entered: 05/06/2016)
05/06/2016 430 Supplemental Response by Neovasc Inc., Neovasc Tiara Inc. to 425 BriefRegarding Neovasc's Customer Relationships. (Attachments: # 1 AffidavitDeclaration of Peter Kang in support of Supplemental Response)(Graves,Charles) (Additional attachment(s) added on 5/12/2016: # 2 AffidavitRedacted: Decl. of Peter Kang) (Montes, Mariliz). (Entered: 05/06/2016)
05/06/2016 433 Assented to MOTION to Seal Deposition Transcripts by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, #3 Exhibit 2)(Lea, Christy) (Entered: 05/06/2016)
05/06/2016 434 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 433Motion to Seal (Folan, Karen) (Entered: 05/06/2016)
05/06/2016 435 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 5 held on 5/6/2016. Testimony of Brent Ratzcontinues. (Court Reporter: Lee Marzilli at [email protected].)(Attorneyspresent: various) (Folan, Karen) (Entered: 05/06/2016)
05/06/2016 436 SEALED 9/21/15 deposition transcript of Randy Lane and (Attachments: # 111/1/15 Deposition transcript of Randy Lane) filed by Plaintiff CardiAQ ValveTechnologies, Inc.'s (doc. 433), FILED UNDER SEAL(Flaherty, Elaine)(Entered: 05/06/2016)
05/08/2016 437 BRIEF by CardiAQ Valve Technologies, Inc. to 425 Brief ReplyMemorandum on Customer Information. (Lea, Christy) (Entered: 05/08/2016)
05/09/2016 438 Transcript of Jury Trial Day One (including jury empanelment) held on May2, 2016, before Judge Allison D. Burroughs. The Transcript may be purchasedthrough the Court Reporter, viewed at the public terminal, or viewed through
PACER after it is released. Court Reporter Name and Contact Information:Debra Joyce and Lee Marzilli at [email protected] Redaction Request due5/30/2016. Redacted Transcript Deadline set for 6/9/2016. Release ofTranscript Restriction set for 8/8/2016. (Scalfani, Deborah) (Entered:05/09/2016)
05/09/2016 439 Transcript of Jury Trial Day Two held on May 3, 2016, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Kelly Mortellite and LeeMarzilli at [email protected] Redaction Request due 5/30/2016. RedactedTranscript Deadline set for 6/9/2016. Release of Transcript Restriction set for8/8/2016. (Scalfani, Deborah) (Entered: 05/09/2016)
05/09/2016 440 Transcript of Jury Trial Day Three held on May 4, 2016, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Debra Joyce, Kelly Morelliteand Lee Marzilli at [email protected] Redaction Request due 5/30/2016.Redacted Transcript Deadline set for 6/9/2016. Release of TranscriptRestriction set for 8/8/2016. (Scalfani, Deborah) (Entered: 05/09/2016)
05/09/2016 441 Transcript of Jury Trial Day Four held on May 5, 2016, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Debra Joyce, Kelly Mortelliteand Lee Marzilli at [email protected] Redaction Request due 5/30/2016.Redacted Transcript Deadline set for 6/9/2016. Release of TranscriptRestriction set for 8/8/2016. (Scalfani, Deborah) (Entered: 05/09/2016)
05/09/2016 442 Transcript of Jury Trial Day Five held on May 6, 2016, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Debra Joyce and Lee Marzilliat [email protected] Redaction Request due 5/30/2016. Redacted TranscriptDeadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016.(Scalfani, Deborah) (Entered: 05/09/2016)
05/09/2016 443 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/09/2016)
05/09/2016 444 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 6 held on 5/9/2016. Deposition videos played.Testimony of Joseph Bavaria and Richard Hillstead. (Court Reporter: DebraJoyce)(Attorneys present: various) (Folan, Karen) (Entered: 05/09/2016)
05/10/2016 445 BRIEF by CardiAQ Valve Technologies, Inc. re Impact of Verdict on PatientChoice. (Lea, Christy) (Entered: 05/10/2016)
05/10/2016 446 Transcript of Jury Trial Day Six held on May 9, 2016, before Judge Allison D.Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.
Court Reporter Name and Contact Information: Kelly Mortellite, Debra Joyceand Lee Marzilli at [email protected] Redaction Request due 5/31/2016.Redacted Transcript Deadline set for 6/10/2016. Release of TranscriptRestriction set for 8/8/2016. (Scalfani, Deborah) (Entered: 05/10/2016)
05/10/2016 447 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/10/2016)
05/10/2016 448 BRIEF by Neovasc Inc., Neovasc Tiara Inc. Regarding the Testimony of Mr.Glen Rabito. (Graves, Charles) (Entered: 05/10/2016)
05/10/2016 450 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 7 held on 5/10/2016. Juror number 5 excused.Testimony of Richard Hillstead resumes. Rob Michiels sworn and testifies.Video depositions played. (Court Reporter: Kelly Mortellite [email protected].)(Attorneys present: various) (Folan, Karen) (Entered:05/11/2016)
05/11/2016 449 Response by CardiAQ Valve Technologies, Inc. to 448 Brief RegardingTestimony of Mr. Glen Rabito. (Lea, Christy) (Entered: 05/11/2016)
05/11/2016 451 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On May 4,2016, the day after opening arguments in the ongoing jury trial, PlaintiffCardiAQ filed a Bench Memorandum requesting that "Neovasc be preventedfrom offering any evidence about the work that any of its employees,including Mr. Lane, performed for [its aortic valve] customers." [ECF No.425]. The Bench Memorandum specifically singled out evidence regardingNeovasc employee Randy Lane's work for JenaValve, because Neovasc'sopening argument had made reference to Mr. Lane's work on a JenaValveaortic valve product. [ECF No. 439 (Transcript of Jury Trial Day Two) at68:13−20; 74:5−6; 74:20−22]. Neovasc has filed two briefs in opposition tothe Bench Memorandum [ECF Nos. 428, 430], arguing that it is entitled tooffer evidence of Mr. Lane's work with JenaValve and other aortic valvecustomers as evidence of non−secrecy and independent development.CardiAQ filed a reply on May 8, 2016. [ECF No. 436]. As explained furtherbelow, CardiAQ's request is granted in part. During discovery, Neovasc maderepresentations and took positions that could have reasonably led CardiAQ tobelieve that Neovasc was not planning to present evidence regarding Mr.Lane's work for JenaValve or other aortic valve customers. A year ago, forinstance, in response to a Motion to Compel filed by CardiAQ seekingdiscovery about Neovasc's customers, Neovasc stated that it would not berelying on work for other customers in its defenses. [ECF No. 106 at 7 ("Tojustify its motion, Plaintiff pretends that Neovasc has relied upon work withother customers in its defenses. It has not.")]. Neovasc stated in that same briefthat CardiAQ's discovery request regarding Neovasc's other customers bore"no connection to the claims and defenses in this case." Id. at 1. Neovasc alsoclaimed that it would only rely on Mr. Lane's "prior work at a differentcompany on a valve design that is now in the public domain" as a defense. Id.at 5 (emphasis added).After oral argument on that motion, upon Neovasc'srequest, the Court granted an order that limited discovery to Neovasc's mitral
valve customers. [ECF Nos. 136, 137]. Neovasc subsequently used that orderto prevent discovery regarding its aortic valve customers, such as JenaValve.[ECF No. 436 (Lane Deposition No. 1) at 65:20−66:14 ("Yeah, so pursuant tothe court order we're not supposed to talk about the details of the customers onthe aortic side."); 71:16−23 ("So pursuant to the court order the court hasordered that the identities of aortic customers shouldn't be disclosed.")]. At ahearing this past October, Neovasc reiterated that it would not be relying onother customers' products as a defense. [ECF No. 271 at 217 ("What we'rerelying on is what was known in the public domain, what was out in thepublic, what was in patent applications, what was known to Neovasc becausethey had their own devices that implemented these features that CVTsupposedly taught Neovasc that they have known all along because it was inour own products, not our customers' products. We never made thatassertion.")]. Neovasc did, however, disclose that it would be relying on Mr.Lane's "knowledge of public disclosures by companies which have designedaortic or mitral valves." [ECF No. 99 (Interrogatory Response No. 7)].Neovasc listed several valve technologies in the public domain that Mr. Lanewas familiar with, and this list included JenaValve. [ECF No. 430−1(Interrogatory Response Nos. 12, 14)]. Given these prior statements andpositions, the Court will limit, but not exclude, Mr. Lane's testimony regardingJenaValve and other aortic valve customers. First, Mr. Lane may testify that hewas generally aware of the JenaValve device from public information, and thatfrom this public information, he learned that the JenaValve device went behindthe leaflets. Likewise, he may testify about other aortic valves that he wasaware of from public information, whether they were Neovasc customers ornot, but his testimony will be limited to information he obtained from publicsources. The Court will require counsel for Neovasc to lay a solid foundationabout the source of Mr. Lane's knowledge before he testifies about anyparticular aspect of the JenaValve device or any other aortic valveproduct−−Neovasc must be able to conclusively demonstrate that anything Mr.Lane testifies about is in the public domain and that he was aware of the publicdomain information at the relevant time. This is necessary to draw ameaningful line between what Mr. Lane knew from public information andwhat he learned from doing work with a Neovasc customer. Second, Mr. Lanemay testify about any work he performed before he joined Neovasc in August2007. Last, Mr. Lane may testify that he was a named inventor on theJenaValve patent, but that his contribution had nothing to do with goingbehind the leaflets−−the fact that he was a named inventor on the JenaValvepatent may only be educed to show that Mr. Lane was aware of the publicinformation in the patent. If Neovasc fails to elicit testimony that Mr. Lane'scontribution to the patent had nothing to do with going behind the leaflets,then the Court may instruct the jury that there is no evidence on the recordfrom which the jury could conclude that Mr. Lane learned about going behindthe leaflets from his earlier work with JenaValve. Any evidence thatJenaValve was a Neovasc customer or that Randy Lane did any work forJenaValve while it was a Neovasc customer is excluded. In addition, Mr. Lanemay not testify about any knowledge concerning aortic valve customers,including JenaValve, that was not acquired by him from the public domain.Lastly, Neovasc may not suggest during direct or cross examination thatCardiAQ failed to fully explore what Mr. Lane knew before he startedworking with CardiAQ.The Court again suggests that a stipulation might bethe safest and easiest way to circumnavigate this issue. Or alternatively, to
05/11/2016 453 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 8 held on 5/11/2016. Video deposition of AlexeiMarko.Michael Wagner sworn and testifies. Plaintiff rests. Randy Lane swornand testifies.(Court Reporter: Valerie OHara [email protected].)(Attorneys present: various) (Folan, Karen) (Entered:05/12/2016)
05/12/2016 454 Assented to MOTION to Seal and Impound Exhibit A to Declaration of PeterKang in Support of Neovasc's Supplemental Response to Plaintiff's BenchMemorandum Regarding Evidence of Neovasc's Customer Relationships byNeovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Text of ProposedOrder)(Graves, Charles) (Entered: 05/12/2016)
05/12/2016 455 SEALED Exhibit A to Declaration of Peter Kang in Support of Neovasc'sSupplemental Response to Plaintiff's Bench Memorandum re: Evidence ofNeovasc's Customer Relationships, FILED UNDER SEAL. (Flaherty, Elaine)(Entered: 05/12/2016)
05/12/2016 456 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 9 held on 5/12/2016. Testimony of Randy Laneresumes. Alexei Marko sworn and testifies. Video depositions played. (CourtReporter: Debra Joyce at [email protected].)(Attorneys present: various)(Folan, Karen) (Entered: 05/12/2016)
05/13/2016 457 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 10 held on 5/13/2016. Stephen Little sworn andtestifies. (Court Reporter: Debra Joyce at [email protected].)(Attorneyspresent: various) (Folan, Karen) (Entered: 05/13/2016)
05/13/2016 458 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 454Motion to Seal (Folan, Karen) (Entered: 05/13/2016)
05/14/2016 460 Objection to 452 Proposed Jury Instructions by CardiAQ Valve Technologies,Inc. . (Lea, Christy) (Entered: 05/14/2016)
05/15/2016 461 Objection to 459 Proposed Jury Instructions, 460 Objection by Neovasc Inc.,Neovasc Tiara Inc. Objections and Response to CardiAQ's First SupplementalProposed Jury Instructions. (Graves, Charles) (Entered: 05/15/2016)
05/15/2016 462 BRIEF by CardiAQ Valve Technologies, Inc. on Claim Construction andSecond Supplemental Jury Instruction. (Lea, Christy) (Entered: 05/15/2016)
05/15/2016 463 Request for Judicial Notice by Neovasc Inc., Neovasc Tiara Inc..(Attachments: # 1 Exhibit A)(Graves, Charles) (Entered: 05/15/2016)
05/16/2016 464 Transcript of Jury Trial Day Six held on May 9, 2016, before Judge Allison D.Burroughs. The Transcript may be purchased through the Court Reporter,
viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Debra Joyce, Kelly Mortelliteand Lee Marzilli at [email protected] Redaction Request due 6/6/2016.Redacted Transcript Deadline set for 6/16/2016. Release of TranscriptRestriction set for 8/15/2016. (Scalfani, Deborah) Modified on 5/16/2016 (tocorrect day of trial) (Scalfani, Deborah). (Entered: 05/16/2016)
05/16/2016 465 Transcript of Jury Trial Day Seven held on May 10, 2016, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Kelly Mortellite,Valerie O'Hara and Lee Marzilli at [email protected] Redaction Request due6/6/2016. Redacted Transcript Deadline set for 6/16/2016. Release ofTranscript Restriction set for 8/15/2016. (Scalfani, Deborah) (Entered:05/16/2016)
05/16/2016 466 Transcript of Jury Trial Day Eight held on May 11, 2016, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Valerie O'Hara, Debra Joyceand Lee Marzilli at [email protected] Redaction Request due 6/6/2016.Redacted Transcript Deadline set for 6/16/2016. Release of TranscriptRestriction set for 8/15/2016. (Scalfani, Deborah) (Entered: 05/16/2016)
05/16/2016 467 Transcript of Jury Trial Day Nine held on May 12, 2016, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Debra Joyce, Valerie O'Haraand Lee Marzilli at [email protected] Redaction Request due 6/6/2016.Redacted Transcript Deadline set for 6/16/2016. Release of TranscriptRestriction set for 8/15/2016. (Scalfani, Deborah) (Entered: 05/16/2016)
05/16/2016 468 Transcript of Jury Trial Day Ten held on May 13, 2016, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Valerie O'Hara and DebraJoyce at [email protected] Redaction Request due 6/6/2016. RedactedTranscript Deadline set for 6/16/2016. Release of Transcript Restriction set for8/15/2016. (Scalfani, Deborah) (Entered: 05/16/2016)
05/16/2016 469 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/16/2016)
05/16/2016 470 Objection to 462 Brief by Neovasc Inc., Neovasc Tiara Inc. Response toCardiAQ's Brief and Second Supplemental Proposed Jury Instruction re:Inventorship. (Graves, Charles) (Entered: 05/16/2016)
05/16/2016 471 BRIEF by CardiAQ Valve Technologies, Inc. to 462 Brief (Reply) on ClaimConstruction. (Lea, Christy) (Entered: 05/16/2016)
05/16/2016 472 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 11 held on 5/16/2016. Stephen Little testimony
resumes. Karl Leinsing sworn and testifies. Video depositions played for jury.(Court Reporter: Valerie OHara at [email protected].)(Attorneys present:various) (Folan, Karen) (Entered: 05/17/2016)
05/17/2016 473 MOTION for Judgment as a Matter of Law on CardiAQ's Claim Under Ch.93A by Neovasc Inc., Neovasc Tiara Inc..(Graves, Charles) (Entered:05/17/2016)
05/17/2016 474 MOTION for Judgment as a Matter of Law on CardiAQ's Duty of HonestyClaim by Neovasc Inc., Neovasc Tiara Inc..(Graves, Charles) (Entered:05/17/2016)
05/17/2016 475 Transcript of Jury Trial Day Eleven held on May 16, 2016, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Kelly Mortellite,Valerie O'Hara and Lee Marzilli at [email protected] Redaction Request due6/7/2016. Redacted Transcript Deadline set for 6/17/2016. Release ofTranscript Restriction set for 8/15/2016. (Scalfani, Deborah) (Entered:05/17/2016)
05/17/2016 476 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/17/2016)
05/17/2016 477 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial 12 held on 5/17/2016. Carla Mulhern sworn andtestifies. Defendant rests. First portion of instructions given to the jury. Juryexcused for the day. Defense files motion for JOML, plaintiff files Rule 50motion. Colloquy re: verdict form and jury charge. (Court Reporter: LeeMarzilli, Debra Joyce, and Kelly Mortellite [email protected].)(Attorneys present: various) (Folan, Karen) (Entered:05/17/2016)
05/17/2016 478 MOTION for Judgment as a Matter of Law by CardiAQ Valve Technologies,Inc..(Lea, Christy) (Entered: 05/17/2016)
05/18/2016 479 Transcript of Jury Trial Day Twelve held on May 17, 2016, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Debra Joyce, KellyMortellite and Lee Marzilli at [email protected] Redaction Request due6/8/2016. Redacted Transcript Deadline set for 6/20/2016. Release ofTranscript Restriction set for 8/16/2016. (Scalfani, Deborah) (Entered:05/18/2016)
05/18/2016 480 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/18/2016)
Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 13 held on 5/18/2016. Closing arguments by theparties. Jury Charge. Jurors begin deliberations. (Court Reporter: ValerieOHara at [email protected].)(Attorneys present: various) (Folan, Karen)(Entered: 05/19/2016)
05/19/2016 482 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Jury Trial Day 14 completed on 5/19/2016. Jury verdict for theplaintiffs. (Court Reporter: Lee Marzilli at [email protected].)(Attorneyspresent: various) (Folan, Karen) (Entered: 05/19/2016)
05/19/2016 483 JURY VERDICT in favor of plaintiff against defendants. (Folan, Karen)(Entered: 05/19/2016)
05/20/2016 484 All exhibits returned to both parties. (Folan, Karen) (Entered: 05/20/2016)
05/20/2016 485 MOTION for Injunctive Relief Preventing Neovasc from Dissipating its Assetsor for an Attachment of Neovasc's Assets by CardiAQ Valve Technologies,Inc.. (Attachments: # 1 Text of Proposed Order)(Lea, Christy) (Entered:05/20/2016)
05/23/2016 486 Transcript of Jury Trial Day Eleven held on May 16, 2016, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Kelly Mortellite,Valerie O'Hara and Lee Marzilli at [email protected] Redaction Request due6/13/2016. Redacted Transcript Deadline set for 6/23/2016. Release ofTranscript Restriction set for 8/22/2016. (Scalfani, Deborah) (Entered:05/23/2016)
05/23/2016 487 Transcript of Jury Trial Day Twelve (Duplicate, see docket entry 479) held onMay 17, 2016, before Judge Allison D. Burroughs. The Transcript may bepurchased through the Court Reporter, viewed at the public terminal, orviewed through PACER after it is released. Court Reporter Name and ContactInformation: Debra Joyce, Kelly Mortellite and Lee Marzilli [email protected] Redaction Request due 6/13/2016. Redacted TranscriptDeadline set for 6/23/2016. Release of Transcript Restriction set for8/22/2016. (Scalfani, Deborah) Modified on 5/23/2016 (Scalfani, Deborah).(Entered: 05/23/2016)
05/23/2016 488 Transcript of Jury Trial Day Thirteen held on May 18, 2016, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Valerie O'Hara,Debra Joyce and Lee Marzilli at [email protected] Redaction Request due6/13/2016. Redacted Transcript Deadline set for 6/23/2016. Release ofTranscript Restriction set for 8/22/2016. (Scalfani, Deborah) (Entered:05/23/2016)
05/23/2016 489 Transcript of Jury Trial Day Fourteen held on May 19, 2016, before JudgeAllison D. Burroughs. The Transcript may be purchased through the CourtReporter, viewed at the public terminal, or viewed through PACER after it isreleased. Court Reporter Name and Contact Information: Kelly Mortellite andLee Marzilli at [email protected] Redaction Request due 6/13/2016. RedactedTranscript Deadline set for 6/23/2016. Release of Transcript Restriction set for
05/23/2016 490 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/23/2016)
05/24/2016 492 EXCERPT Transcript of Jury Trial Day Two (Plaintiff's Opening Statement)held on May 3, 2016, before Judge Allison D. Burroughs. The Transcript maybe purchased through the Court Reporter, viewed at the public terminal, orviewed through PACER after it is released. Court Reporter Name and ContactInformation: Lee Marzilli at [email protected] Redaction Request due6/14/2016. Redacted Transcript Deadline set for 6/24/2016. Release ofTranscript Restriction set for 8/22/2016. (Scalfani, Deborah) (Entered:05/24/2016)
05/24/2016 493 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referredto the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 05/24/2016)
05/25/2016 494 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Set Deadlinesas to 485 MOTION for Injunctive Relief Preventing Neovasc from Dissipatingits Assets or for an Attachment of Neovasc's Assets.( Responses due by5/27/2016, Replies due by 5/31/2016., Motion Hearing set for 6/3/2016 10:30AM in Courtroom 17 before Judge Allison D. Burroughs.)(Folan, Karen)(Entered: 05/25/2016)
05/27/2016 495 Judge Allison D. Burroughs: MEMORANDUM AND ORDER,ENTERED.granting 473 Motion for Judgment as a Matter of Law. For thereasons stated herein, the Court grants Neovasc's Motion for Judgment as aMatter of Law on CardiAQ's Chapter 93A claim. (Flaherty, Elaine) (Entered:05/27/2016)
05/27/2016 496 Opposition re 485 MOTION for Injunctive Relief Preventing Neovasc fromDissipating its Assets or for an Attachment of Neovasc's Assets filed byNeovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Text of ProposedOrder)(Graves, Charles) (Entered: 05/27/2016)
05/27/2016 497 DECLARATION re 496 Opposition to Motion, by Neovasc Inc., NeovascTiara Inc.. (Graves, Charles) (Entered: 05/27/2016)
05/27/2016 498 STIPULATION re CardiAQ's Motion for an Injunction Preventing Neovascfrom Dissipating its Assets or for an Attachment of Neovasc's Assets byCardiAQ Valve Technologies, Inc.. (Sganga, John) (Entered: 05/27/2016)
05/31/2016 499 ELECTRONIC ENDORSEMENT APPROVING 498 Stipulation filed byCardiAQ Valve Technologies, Inc. MOTION for Injunctive Relief PreventingNeovasc from Dissipating its Assets or for an Attachment of Neovasc's Assets[Doc. No. 485] is terminated as moot. Parties should submit a proposedbriefing schedule for the inventorshiop claim by 6/3/16. (Folan, Karen)(Entered: 05/31/2016)
05/31/2016 501 Opposition re 473 MOTION for Judgment as a Matter of Law on CardiAQ'sClaim Under Ch. 93A filed by CardiAQ Valve Technologies, Inc.. (Sganga,John) (Entered: 05/31/2016)
05/31/2016 502 Joint MOTION to Seal and Impound Materials from Trial by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Text of Proposed Order)(Lea, Christy)(Entered: 05/31/2016)
06/01/2016 503 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 502Motion to Seal (Folan, Karen) (Entered: 06/01/2016)
06/02/2016 505 NOTICE by Neovasc Inc., Neovasc Tiara Inc. re 501 Opposition to Motion inOpposition to Plaintiff's Motion for Reconsideration (Graves, Charles)(Entered: 06/02/2016)
06/06/2016 506 Judge Allison D. Burroughs: ORDER Regarding Post−Trial BriefingSchedule, ENTERED. (Flaherty, Elaine) (Entered: 06/06/2016)
06/06/2016 507 Judge Allison D. Burroughs: ELECTRONIC ORDER, entered. Havingreviewed Plaintiff CardiAQ's opposition to Defendants' Motion for Judgmentas a Matter of Law on CardiAQ's Chapter 93A Claim [ECF No. 501], as wellas Neovasc's response [ECF No. 505], the Court's May 27, 2016 Order [ECFNo. 495] is hereby affirmed. Neovasc has met its burden of showing that itsallegedly unfair or deceptive conduct did not occur primarily and substantiallyin Massachusetts, and it is therefore entitled to judgment as a matter of law onCardiAQ's Chapter 93A claim. In its opposition, CardiAQ argues that theunfair and deceptive conduct occurred primarily and substantially withinMassachusetts because certain deceptive communications were received byCardiAQ in Massachusetts. CardiAQ's opposition relies on cases in which theChapter 93A claims shared the same operative facts as a fraud claim. See e.g.,Pavonix, Inc. v. Barclays Bank PLC, No. CV 13−10348−LTS, 2015 WL9243831 (D. Mass. Nov.25, 2015); Conway v. Licata, 104 F. Supp.3d 104,119 (D. Mass.2015). In these cases, because the allegedly fraudulentstatements were received in Massachusetts, courts found that Massachusettscould be the center of gravity of the unfair and deceptive acts. Here, however,the Court previously granted Neovasc's motion for summary judgment onCardiAQ's fraud count. [ECF No. 417]. As a result, the cases CardiAQ citesare inapposite. Even if certain Neovasc statements were received by CardiAQin Massachusetts, Massachusetts is not the center of gravity of Neovacs'salleged unfair and deceptive acts, given that Neovasc has been found liable forbreach of contract and misappropriation of trade secrets but not fraud. Asstated in the Court's previous order, the acts underlying Neovasc's contractbreach and trade secret misappropriation occurred entirely outside ofMassachusetts. Accordingly, the fact that certain statements made by Neovascwere received by CardiAQ in Massachusetts does not shift the center ofgravity of the allegedly unfair and deceptive conduct toMassachusetts.(Flaherty, Elaine) (Entered: 06/06/2016)
STIPULATION (Supplemental) re Post− Trial Briefing Schedule by CardiAQValve Technologies, Inc.. (Lea, Christy) (Entered: 06/06/2016)
06/07/2016 509 ELECTRONIC NOTICE Setting Hearing on Motion 478 MOTION forJudgment as a Matter of Law , 474 MOTION for Judgment as a Matter of Lawon CardiAQ's Duty of Honesty Claim : Motion Hearing set for 8/15/201602:00 PM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen)(Entered: 06/07/2016)
06/24/2016 511 MOTION for Judgment as a Matter of Law (Renewed) on the Breach of theDuty of Honest Performance for the Purchase Orders by CardiAQ ValveTechnologies, Inc..(Lea, Christy) (Entered: 06/24/2016)
07/01/2016 512 BRIEF by CardiAQ Valve Technologies, Inc. re Inventorship Claim.(Attachments: # 1 Appendix A, # 2 Proposed Findings of Fact andConclusions of Law)(Lea, Christy) (Entered: 07/01/2016)
07/01/2016 513 MOTION for Enhanced Damages by CardiAQ Valve Technologies, Inc..(Lea,Christy) (Entered: 07/01/2016)
07/01/2016 514 MEMORANDUM in Support re 513 MOTION for Enhanced Damages filedby CardiAQ Valve Technologies, Inc.. (Lea, Christy) (Entered: 07/01/2016)
07/01/2016 515 Assented to MOTION to Seal and Impound by CardiAQ Valve Technologies,Inc.. (Attachments: # 1 Exhibit 1 − Proposed Redacted Memorandum ISOMotion for an Injunction, # 2 Exhibit 2 − Proposed Declaration of Todd ISOMotion of Motion for an Injuction, # 3 Text of Proposed Order to the Motionto Seal)(Lea, Christy) (Entered: 07/01/2016)
07/01/2016 516 MOTION for Injunctive Relief by CardiAQ Valve Technologies, Inc..(Attachments: # 1 [Proposed] Injunction)(Lea, Christy) (Entered: 07/01/2016)
07/01/2016 517 DECLARATION re 516 MOTION for Injunctive Relief of R. Michiels byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 A, # 2 B, # 3 C, # 4 D, #5 E, # 6 F)(Lea, Christy) (Entered: 07/01/2016)
07/01/2016 518 DECLARATION re 516 MOTION for Injunctive Relief of M. Speegle byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 G, # 2 H, # 3I)(Speegle, Mark) (Entered: 07/01/2016)
07/01/2016 519 MOTION to Seal Portions of Neovasc's Post−trial Briefs by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Text of Proposed Order)(Graves,Charles) (Entered: 07/01/2016)
07/01/2016 520 MOTION for Judgment as a Matter of Law on CardiAQ's Duty of HonestyClaim by Neovasc Inc., Neovasc Tiara Inc..(Redacted) (Graves, Charles)Modified on 7/11/2016 (Montes, Mariliz). (Entered: 07/01/2016)
07/01/2016 521 MOTION for New Trial on Trade Secret Claims 4−6(Redacted) by NeovascInc., Neovasc Tiara Inc..(Graves, Charles) Modified on 7/11/2016 (Montes,Mariliz). (Entered: 07/01/2016)
07/01/2016 522 MOTION for New Trial on Damages by Neovasc Inc., Neovasc TiaraInc..(Graves, Charles) (Entered: 07/01/2016)
07/05/2016 523 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 515Motion to Seal (Folan, Karen) (Entered: 07/05/2016)
07/05/2016 524 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 519Motion to Seal (Folan, Karen) (Entered: 07/05/2016)
07/28/2016 529 83 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered 511Plaintiff's Renewed Motion for Judgment as a Matter of Law and 520Defendants' Renewed Motion for Judgment as a Matter of Law are DENIED.474 Defendants' Motion for Judgment as a Matter of Law and 478 Plaintiff'sMotion for Judgment as a Matter of Law are terminated. (See attached Order)(Montes, Mariliz) (Entered: 07/28/2016)
07/29/2016 530 Opposition re 522 MOTION for New Trial on Damages filed by CardiAQValve Technologies, Inc.. (Lea, Christy) (Entered: 07/29/2016)
07/29/2016 531 Assented to MOTION to Seal Appendix A to Opposition to Motion for a NewTrial on Trade Secret Claims 4−6 by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Text of Proposed Order)(Lea, Christy) (Entered:07/29/2016)
07/29/2016 532 Opposition re 521 MOTION for New Trial on Trade Secret Claims 4−6 filedby CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Appendix A (filedunder seal))(Lea, Christy) (Additional attachment(s) added on 8/5/2016: # 2Appendix A) (Montes, Mariliz). (Entered: 07/29/2016)
07/29/2016 533 NOTICE of Withdrawal of Appearance by Jenna C. Kelleher (Kelleher, Jenna)(Entered: 07/29/2016)
07/29/2016 534 MEMORANDUM in Opposition re 513 MOTION for Enhanced Damagesfiled by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered:07/29/2016)
07/29/2016 535 BRIEF by Neovasc Inc., Neovasc Tiara Inc. to 512 Brief . (Attachments: # 1Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 AppendixE, # 6 Affidavit F)(Graves, Charles) (Entered: 07/29/2016)
07/29/2016 536 MOTION to Seal Portions of Neovasc's Opposition to Injunction Motion andMarko Declaration and Ex. B to Marko Declaration by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Text of Proposed Order)(Graves, Charles)(Entered: 07/29/2016)
07/29/2016 537 MEMORANDUM in Opposition re 516 MOTION for Injunctive Relief filedby Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Additionalattachment(s) added on 8/4/2016: # 1 Unredacted Defendants' Opposition to516 Motion for Permanent Injunction) (Montes, Mariliz). (Entered:07/29/2016)
07/29/2016 538 DECLARATION od Alexei Marko in Support of 537 MEMORANDUM inOpposition to 516 MOTION for Injunctive Relief (Attachments: # 1 ExhibitA, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12Exhibit L)(Graves, Charles) Modified on 8/1/2016 to link it to correct docket(Montes, Mariliz). (Additional attachment(s) added on 8/4/2016: # 13Unredacted Declaration of Alexei Marko in Support of 537 Defendants'Opposition, # 14 Unredacted Exhibit B to Declaration of Alexei Marko in
08/01/2016 540 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 531Motion to Seal (Folan, Karen) (Entered: 08/01/2016)
08/02/2016 541 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 536Motion to Seal (Folan, Karen) (Entered: 08/02/2016)
08/09/2016 542 Assented to MOTION to Seal Portions of Reply in Support of Motion for anInjunction and Supporting Documents by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Text of Proposed Order)(Lea, Christy) (Entered:08/09/2016)
08/10/2016 543 ELECTRONIC NOTICE Setting Hearing on Motion 521 MOTION for NewTrial on Trade Secret Claims 4−6, 513 MOTION for Enhanced Damages , 516MOTION for Injunctive Relief , 522 MOTION for New Trial on Damages,526 SEALED MOTION : Motion Hearing set for 8/15/2016 10:00 AM inCourtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered:08/10/2016)
08/10/2016 544 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 542Motion to Seal (Folan, Karen) (Entered: 08/10/2016)
08/11/2016 545 BRIEF by CardiAQ Valve Technologies, Inc. to 535 Brief, 512 Brief in Replyin Support of its Inventorship Claim. (Attachments: # 1 Appendix B)(Lea,Christy) (Entered: 08/11/2016)
08/11/2016 546 REPLY to Response to 513 MOTION for Enhanced Damages filed byCardiAQ Valve Technologies, Inc.. (Lea, Christy) (Entered: 08/11/2016)
08/11/2016 547 REPLY to Response to 516 MOTION for Injunctive Relief filed by CardiAQValve Technologies, Inc.. (Lea, Christy) (Additional attachment(s) added on8/12/2016: # 1 Unredacted version of Plaintiff's Reply in Support of 516Motion for an Injunction) (Montes, Mariliz). (Entered: 08/11/2016)
08/11/2016 548 DECLARATION re 547 Reply to Response to Motion for an Injunction byCardiAQ Valve Technologies, Inc.. (Lea, Christy) (Additional attachment(s)added on 8/12/2016: # 1 Unredacted version of Supp. Declaration of PatriciaTodd) (Montes, Mariliz). (Entered: 08/11/2016)
08/11/2016 549 DECLARATION re 547 Reply to Response to Motion for an Injunction byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit J)(Horne,Brian) (Entered: 08/11/2016)
08/12/2016 550 MEMORANDUM in Support re 522 MOTION for New Trial on DamagesDefendants Neovasc Inc.'s and Neovasc Tiara Inc.'s Reply Brief in Support ofMotion for a New Trial on Damages filed by Neovasc Inc., Neovasc TiaraInc.. (Graves, Charles) (Entered: 08/12/2016)
08/12/2016 551 Assented to MOTION to Seal and Impound Defendants Neovasc Inc.'s andNeovasc Tiara Inc.'s Reply in Support of its Motion for New Trial on Trade
Secret Claims 4−6 by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1Text of Proposed Order)(Graves, Charles) (Entered: 08/12/2016)
08/12/2016 552 REPLY in Support OF 521 MOTION for New Trial on Trade Secret Claims4−6 Defendants Neovasc Inc.'s and Neovasc Tiara Inc.'s Reply Brief inSupport of Motion for a New Trial on Trade Secret Claims 4−6 filed byNeovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Additional attachment(s)added on 8/15/2016: # 1 Unredacted Reply Brief in Supp. of Motion for NewTrial on Trade Secret Claims 4−6) (Montes, Mariliz). Modified on 8/15/2016to correct title of pleading (Montes, Mariliz). (Entered: 08/12/2016)
08/12/2016 553 Objection to 512 Brief by Neovasc Inc., Neovasc Tiara Inc. DefendantsNeovasc Inc.'s and Neovasc Tiara Inc.'s Objections to Plaintiff CardiAQ ValveTechnologies, Inc.'s Proposed Findings of Fact and Conclusions of Law.(Graves, Charles) (Entered: 08/12/2016)
08/12/2016 554 Objection to 539 Proposed Document(s) submitted by Neovasc Inc., NeovascTiara Inc. Defendants Neovasc Inc.'s and Neovasc Tiara Inc.'s Objections toPlaintiff CardiAQ Valve Technologies, Inc.'s Proposed Judgment. (Graves,Charles) (Entered: 08/12/2016)
08/12/2016 555 ELECTRONIC NOTICE Resetting Hearing on Motion 521 MOTION for NewTrial on Trade Secret Claims 4−6, 513 MOTION for Enhanced Damages , 516MOTION for Injunctive Relief , 522 MOTION for New Trial on Damages,526 SEALED MOTION : Motion Hearing set for 8/15/2016 09:00 AM inCourtroom 17 before Judge Allison D. Burroughs. NOTICE IS FOR TIMECHANGE ONLY.(Folan, Karen) (Entered: 08/12/2016)
08/12/2016 556 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 551Motion to Seal (Folan, Karen) (Entered: 08/12/2016)
08/15/2016 557 NOTICE by CardiAQ Valve Technologies, Inc. of Lodging PresentationSlides Presented at the August 15, 2016 Motion Hearing (Attachments: # 1Exhibit 1)(Lea, Christy) (Entered: 08/15/2016)
08/15/2016 570 Electronic Clerk's Notes for proceedings held before Judge Allison D.Burroughs: Motion Hearing held on 8/15/2016. Oral arguments by the parties.Court takes matter under advisement. (Court Reporter: Carol Scott [email protected].)(Attorneys present: various) (Folan, Karen) (Entered:09/22/2016)
08/16/2016 558 NOTICE by Neovasc Inc., Neovasc Tiara Inc. of Lodging Inventorship SlidesPresented at the August 15, 2016 Motion Hearing (Attachments: # 1 ExhibitA)(Graves, Charles) (Entered: 08/16/2016)
08/25/2016 559 Transcript of Motion Hearing held on August 20, 2015, before Judge AllisonD. Burroughs. The Transcript may be purchased through the Court Reporter,viewed at the public terminal, or viewed through PACER after it is released.Court Reporter Name and Contact Information: Carol Scott [email protected] Redaction Request due 9/15/2016. RedactedTranscript Deadline set for 9/26/2016. Release of Transcript Restriction set for11/23/2016. (Scalfani, Deborah) (Entered: 08/25/2016)
08/25/2016 560 NOTICE is hereby given that an official transcript of a proceeding has beenfiled by the court reporter in the above−captioned matter. Counsel are referred
to the Court's Transcript Redaction Policy, available on the court website athttp://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)(Entered: 08/25/2016)
09/01/2016 561 Assented to MOTION to Seal Supplemental Brief ISO Motion for anInjunction and Motion for Enhanced Damages and Supporting Documents byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Text of ProposedOrder)(Lea, Christy) (Entered: 09/01/2016)
09/01/2016 562 Supplemental MEMORANDUM in Support re 516 MOTION for InjunctiveRelief , 513 MOTION for Enhanced Damages filed by CardiAQ ValveTechnologies, Inc.. (Attachments: # 1 Appendix)(Lea, Christy) (Entered:09/01/2016)
09/01/2016 563 DECLARATION re 516 MOTION for Injunctive Relief , 513 MOTION forEnhanced Damages by CardiAQ Valve Technologies, Inc.. (Lea, Christy)(Additional attachment(s) added on 9/15/2016: # 1 Declaration of RyanLindsey (Unredacted)) (Montes, Mariliz). (Entered: 09/01/2016)
09/01/2016 564 BRIEF by CardiAQ Valve Technologies, Inc. to 512 Brief Supplemental ISOof its Inventorship Claim. (Lea, Christy) (Additional attachment(s) added on9/15/2016: # 1 Supplemental Brief in Support (Unredacted)) (Montes,Mariliz). (Entered: 09/01/2016)
09/07/2016 565 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 561Assented−to Motion to Seal and Impound Portions of Plaintiff, CardiAQValve Technologies, Inc's Supplemental Brief in Support of its Motion for AnInjunction and Motion for Enhanced Damages and Supporting Documents(Montes, Mariliz) (Entered: 09/07/2016)
09/08/2016 566 MOTION to Seal Neovasc's Response to CardiAQ's Supplemental Brief reMotions for an Injunction and Enhanced Damages by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Text of Proposed Order)(Graves, Charles)(Entered: 09/08/2016)
09/08/2016 567 RESPONSE by Neovasc Inc., Neovasc Tiara Inc. to 516 Plaintiff's MOTIONfor Injunctive Relief , 513 MOTION for Enhanced Damages . (Graves,Charles) Modified on 9/15/2016 to correction title of pleading(Montes,Mariliz). (Additional attachment(s) added on 9/15/2016: # 1 (SEALED)Defendant's Response to CardiAQ's Supp. Brief re. Motion for Injunction andEnhanced Damages) (Montes, Mariliz). (Entered: 09/08/2016)
09/08/2016 568 BRIEF by Neovasc Inc., Neovasc Tiara Inc. to 512 Brief in Response toCardiAQ's Supplemental Brief re Inventorship Claim. (Attachments: # 1Appendix G, # 2 Appendix H)(Graves, Charles) (Entered: 09/08/2016)
09/08/2016 569 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 566MOTION to Seal Neovasc's Response to CardiAQ's Supplemental Brief re.Motions for an Injunction and Enhanced Damages (Montes, Mariliz) (Entered:09/08/2016)
10/19/2016 571 MOTION for Leave to Appear Pro Hac Vice for admission of John E. NilssonFiling fee: $ 100, receipt number 0101−6340256 by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Exhibit Rule 85.5.3 Certification of John E.Nilsson, Esq. in Support of Motion for Admission Pro Hac Vice)(Chinitz,
10/19/2016 572 MOTION for Leave to Appear Pro Hac Vice for admission of Matthew M.Wolf Filing fee: $ 100, receipt number 0101−6340290 by Neovasc Inc.,Neovasc Tiara Inc.. (Attachments: # 1 Exhibit Rule 85.5.3 Certification ofMatthew M. Wolf, Esq. in Support of Motion for Admission Pro HacVice)(Chinitz, Michael) (Entered: 10/19/2016)
10/19/2016 573 MOTION for Leave to Appear Pro Hac Vice for admission of James A. KaiserFiling fee: $ 100, receipt number 0101−6340308 by Neovasc Inc., NeovascTiara Inc.. (Attachments: # 1 Exhibit Rule 85.5.3 Certification of James A.Kaiser, Esq. in Support of Motion for Admission Pro Hac Vice)(Chinitz,Michael) (Entered: 10/19/2016)
10/19/2016 574 MEMORANDUM in Support re 573 MOTION for Leave to Appear Pro HacVice for admission of James A. Kaiser Filing fee: $ 100, receipt number0101−6340308, 572 MOTION for Leave to Appear Pro Hac Vice foradmission of Matthew M. Wolf Filing fee: $ 100, receipt number0101−6340290, 571 MOTION for Leave to Appear Pro Hac Vice foradmission of John E. Nilsson Filing fee: $ 100, receipt number 0101−6340256filed by Neovasc Inc., Neovasc Tiara Inc.. (Chinitz, Michael) (Entered:10/19/2016)
10/19/2016 575 DECLARATION re 574 Memorandum in Support of Motion,, by NeovascInc., Neovasc Tiara Inc.. (Attachments: # 1 Exhibit)(Chinitz, Michael)(Entered: 10/19/2016)
10/19/2016 576 NOTICE by CardiAQ Valve Technologies, Inc. re 573 MOTION for Leave toAppear Pro Hac Vice for admission of James A. Kaiser Filing fee: $ 100,receipt number 0101−6340308, 572 MOTION for Leave to Appear Pro HacVice for admission of Matthew M. Wolf Filing fee: $ 100, receipt number0101−6340290, 571 MOTION for Leave to Appear Pro Hac Vice foradmission of John E. Nilsson Filing fee: $ 100, receipt number 0101−6340256re CardiAQ's Intent to Oppose (Lea, Christy) (Entered: 10/19/2016)
10/24/2016 577 Assented to MOTION to Seal Portions of Opposition to Motions forAdmission Pro Hac Vice of John Nilsson, Matthew Wolf and James Kaiser byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Text of ProposedOrder)(Lea, Christy) (Entered: 10/24/2016)
10/24/2016 578 Opposition re 572 MOTION for Leave to Appear Pro Hac Vice for admissionof Matthew M. Wolf Filing fee: $ 100, receipt number 0101−6340290, 571MOTION for Leave to Appear Pro Hac Vice for admission of John E. NilssonFiling fee: $ 100, receipt number 0101−6340256, 573 MOTION for Leave toAppear Pro Hac Vice for admission of James A. Kaiser Filing fee: $ 100,receipt number 0101−6340308 filed by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lea, Christy) (Additionalattachment(s) added on 10/26/2016: # 8 Sealed CardiAQ's Opposition to 572MOTION for Leave to Appear Pro Hac Vice for admission of Matthew M.Wolf) (Montes, Mariliz). (Entered: 10/24/2016)
10/25/2016 579 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 577Motion to Seal (Folan, Karen) (Entered: 10/25/2016)
10/28/2016 580 MOTION for Leave to File Reply in Response to CardiAQ's Opposition toNeovasc's Motions for Admission Pro Hac Vice of Arnold & Porter LLPAttorneys by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Exhibit[Proposed] Reply to CardiAQ's Opposition to Motions for Admission Pro HacVice of Arnold & Porter LLP Attorneys for Defendants Neovasc Inc. andNeovasc Tiara Inc.)(Chinitz, Michael) (Entered: 10/28/2016)
10/28/2016 581 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 580Motion for Leave to File Reply Brief in Response to CardiAQ's Opposition toMotions for Admission Pro Hac Vice of Arnold & Porter LLP Attorneys ;Counsel using the Electronic Case Filing System should now file thedocument for which leave to file has been granted in accordance with theCM/ECF Administrative Procedures. Counsel must include − Leave to filegranted on (date of order)− in the caption of the document. (Montes, Mariliz)(Entered: 10/28/2016)
10/28/2016 582 REPLY to Response to 573 MOTION for Leave to Appear Pro Hac Vice foradmission of James A. Kaiser Filing fee: $ 100, receipt number0101−6340308, 572 MOTION for Leave to Appear Pro Hac Vice foradmission of Matthew M. Wolf Filing fee: $ 100, receipt number0101−6340290, 571 MOTION for Leave to Appear Pro Hac Vice foradmission of John E. Nilsson Filing fee: $ 100, receipt number 0101−6340256filed by Neovasc Inc., Neovasc Tiara Inc.. (Chinitz, Michael) (Entered:10/28/2016)
10/31/2016 583 90 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered.
For the reasons stated herein:
1. CardiAQs motion for enhanced damages [ECF No. 513] is GRANTED INPART and Neovasc is ordered to pay $21,000,000 in enhanced damages;
2. CardiAQs motion for injunctive relief [ECF No. 516] is GRANTED INPART and the Court orders that:
a. Within 7 days of this Order, Neovasc must destroy all information thatCardiAQ sent to Neovasc between June 2009 and April 2010, including emailsand attachments thereto, CAD files, engineering drawings, animal test results,design history information, as well as any work product that Neovascgenerated that incorporates information contained in the foregoing, includingthe contents of any physical or electronic file that Neovasc may keep regardingCardiAQ, including the electronic CardiAQ folder referenced during trial (seeTr. Day 9 (Marko), 105:1−20; Ex. 1486 at 106:14−19). Neovasc must certifyin writing that it has complied with this paragraph of the Order.
b. Within 7 days of this Order, Neovasc must return to CardiAQ any CardiAQprototypes, or portions thereof, that CardiAQ provided to Neovasc and thatNeovasc still has in its possession, custody, or control, including but notlimited to prototypes fabricated by Neovasc to test any CardiAQ prototypedesign.
3. Neovascs motion for a new trial on damages [ECF No. 522] is DENIED;
4. Neovascs motion for a new trial on trade secrets 4−6 [ECF No. 521] isDENIED;
5. CardiAQ has shown by clear and convincing evidence that Dr. Quadri andMr. Ratz contributed to the conception of U.S. Patent No. 8,579,964 and theCourt therefore orders that Dr. Quadri and Mr. Ratz be added as inventors ofU.S. Patent No. 8,579,964; and
6. Neovascs motions for the Pro Hac Vice admission of new attorneys [ECFNos. 571−573] are DENIED as MOOT.
So Ordered. (Montes, Mariliz) (Entered: 10/31/2016)
11/03/2016 584 MOTION to Modify the Court's Order re Destruction of ESI 583 by NeovascInc., Neovasc Tiara Inc.. (Attachments: # 1 Text of Proposed Order)(Graves,Charles) (Entered: 11/03/2016)
11/03/2016 585 DECLARATION re 584 MOTION to Modify the Court's Order re Destructionof ESI 583 by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Entered:11/03/2016)
11/07/2016 586 Assented to MOTION to Seal Exhibit 1 to Opposition to Neovasc's Motion toModify the Court's Order by CardiAQ Valve Technologies, Inc..(Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Lea, Christy)(Entered: 11/07/2016)
11/07/2016 587 Opposition re 584 MOTION to Modify the Court's Order re Destruction ofESI 583 filed by CardiAQ Valve Technologies, Inc.. (Attachments: # 1 Exhibit1)(Lea, Christy) (Additional attachment(s) added on 11/21/2016: # 2 Exhibit 1(filed under seal)) (Montes, Mariliz). (Entered: 11/07/2016)
11/07/2016 588 NOTICE by Neovasc Inc., Neovasc Tiara Inc. Certifying Compliance withParagraph 2.a. of the Court's October 31, 2016 Order re Destruction of ESI583 (Graves, Charles) (Entered: 11/07/2016)
11/08/2016 589 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 586Motion to Seal (Folan, Karen) (Entered: 11/08/2016)
11/08/2016 590 MOTION for Leave to File Reply in Response to Opposition to Motion toModify Court's Order 583 by Neovasc Inc., Neovasc Tiara Inc.. (Attachments:# 1 Exhibit 1, # 2 Text of Proposed Order)(Graves, Charles) (Entered:11/08/2016)
11/08/2016 592 NOTICE by Neovasc Inc., Neovasc Tiara Inc. re 591 Proposed Document(s)submitted of Intent to Object to CardiAQ's Revised [Proposed] Judgment(Graves, Charles) (Entered: 11/08/2016)
11/08/2016 593 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 590Motion for Leave to File Document ; Counsel using the Electronic Case FilingSystem should now file the document for which leave to file has been grantedin accordance with the CM/ECF Administrative Procedures. Counsel must
include − Leave to file granted on (date of order)− in the caption of thedocument. (Folan, Karen) (Entered: 11/08/2016)
11/08/2016 594 REPLY to Response to 584 MOTION to Modify the Court's Order reDestruction of ESI 583 filed by Neovasc Inc., Neovasc Tiara Inc.. (Graves,Charles) (Entered: 11/08/2016)
11/11/2016 595 Objection to 591 Proposed Document(s) submitted by Neovasc Inc., NeovascTiara Inc. re CardiAQ's Revised Proposed Judgment. (Graves, Charles)(Entered: 11/11/2016)
11/14/2016 596 Judge Allison D. Burroughs: ORDER entered granting 584 Defendants'Motion to Modify the Court's Order Regarding Destruction of ElectronicallyStore Information. (Montes, Mariliz) (Entered: 11/14/2016)
11/14/2016 597 Response by CardiAQ Valve Technologies, Inc. to 595 Objection toCardiAQ's Revised [Proposed] Judgment. (Lea, Christy) (Entered:11/14/2016)
11/21/2016 598 130 Judge Allison D. Burroughs: ORDER entered. JUDGMENT (Montes, Mariliz)(Entered: 11/21/2016)
11/22/2016 599 Assented to MOTION to Seal and Impound Defendants Neovasc Inc.'s andNeovasc Tiara Inc.'s Motion to Stay Judgment Pending Appeal and SupportingDocuments by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Text ofProposed Order [Proposed] Order of Impoundment)(Graves, Charles)(Entered: 11/22/2016)
11/22/2016 600 MOTION to Stay Judgment Pending Appeal by Neovasc Inc., Neovasc TiaraInc.. (Attachments: # 1 Text of Proposed Order [Proposed] Order GrantingDefendants Neovasc Inc.'s and Neovasc Tiara Inc.'s Motion to Stay JudgmentPending Appeal)(Graves, Charles) (Additional attachment(s) added on11/22/2016: # 2 Unredacted Motion to Stay Judgment Pending Appeal)(Montes, Mariliz). (Entered: 11/22/2016)
11/22/2016 601 DECLARATION of Alexei Marko in Support of Defendants Neovasc Inc.'sand Neovasc Tiara Inc's Motion to Stay the Judgment Under Fed. R. Civ. P.62(d) by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Exhibit A(Subject to Motion to Seal and Impound))(Graves, Charles) (Additionalattachment(s) added on 11/22/2016: # 2 Unredacted Declaration of AlexeiMarko, # 3 Exhibit A Unredacted) (Montes, Mariliz). (Entered: 11/22/2016)
11/22/2016 602 DECLARATION of Chris Clark in Support of Defendants Neovasc Inc.'s andNeovasc Tiara Inc.'s Motion to Stay the Judgment Under Fed. R. Civ. P. 62(d)by Neovasc Inc., Neovasc Tiara Inc.. (Attachments: # 1 Exhibit A, # 2 ExhibitB)(Graves, Charles) (Additional attachment(s) added on 11/22/2016: # 3Unredacted Declaration of Chris Clark) (Montes, Mariliz). (Entered:11/22/2016)
11/22/2016 603 DECLARATION of Vicki Bebeau in Support of Defendants Neovasc Inc.'sand Neovasc Tiara Inc.'s Motion to Stay the Judgment Under Fed. R. Civ. P.62(d) by Neovasc Inc., Neovasc Tiara Inc.. (Graves, Charles) (Additionalattachment(s) added on 11/22/2016: # 1 Unredacted Declaration of VickiBebeau) (Montes, Mariliz). (Entered: 11/22/2016)
DECLARATION in Support of Defendants Neovasc Inc.'s and Neovasc TiaraInc.'s Motion to Stay the Judgment Under Fed. R. Civ. P. 62(d) (Subject toMotion to Seal and Impound) by Neovasc Inc., Neovasc Tiara Inc.. (Graves,Charles) (Additional attachment(s) added on 11/22/2016: # 1 UnredactedDeclaration of George Gionis) (Montes, Mariliz). (Entered: 11/22/2016)
11/22/2016 605 DECLARATION in Support of Defendants Neovasc Inc.'s and Neovasc TiaraInc.'s Motion to Stay the Judgment Under Fed. R. Civ. P. 62(d) (Subject toMotion to Seal and Impound) by Neovasc Inc., Neovasc Tiara Inc.. (Graves,Charles) (Additional attachment(s) added on 11/22/2016: # 1 SealedDeclaration of Bryan Giraudo) (Montes, Mariliz). (Entered: 11/22/2016)
11/22/2016 606 MOTION to Stay /Preserve Status Quo Pending Disposition of Defendants'Motion to Stay Judgment Pending Appeal by Neovasc Inc., Neovasc TiaraInc.. (Attachments: # 1 Text of Proposed Order [Proposed] Order GrantingDefendants Neovasc Inc.'s and Neovasc Tiara Inc.'s Motion to Preserve StatusQuo)(Graves, Charles) (Entered: 11/22/2016)
11/22/2016 607 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 599Motion to Seal (Folan, Karen) (Entered: 11/22/2016)
11/23/2016 608 ELECTRONIC NOTICE of Hearing. Telephone Conference set for11/23/2016 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs.Parties can call in to 888−363−4734, access code 6426345.(Folan, Karen)(Entered: 11/23/2016)
11/23/2016 609 NOTICE Resetting a Hearing. Telephone Conference reset for 11/23/201611:30 AM in Courtroom 17 before Judge Allison D. Burroughs. NOTICE ISFOR TIME CHANGE ONLY. (Folan, Karen) (Entered: 11/23/2016)
11/23/2016 610 BRIEF by Neovasc Inc., Neovasc Tiara Inc. to 598 Judgment re CardiAQ'sRequest for Prejudgment Interest. (Graves, Charles) (Entered: 11/23/2016)
11/28/2016 611 Assented to MOTION to Seal Portions of CardiAQ's Opposition to Motion toStay and Motion for Reconsideration and Supporting Papers by CardiAQValve Technologies, Inc.. (Attachments: # 1 Text of Proposed Order)(Lea,Christy) (Entered: 11/28/2016)
11/28/2016 612 MOTION for Reconsideration of Denial of Injunction (redacted version) byCardiAQ Valve Technologies, Inc..(Lea, Christy) (Additional attachment(s)added on 11/30/2016: # 1 Unredacted version of Motion for Reconsideration)(Montes, Mariliz). (Entered: 11/28/2016)
11/28/2016 613 MOTION for Reconsideration of Denial of Injunction Against Neovasc'sProsecution of Related Patent Applications by CardiAQ Valve Technologies,Inc..(Lea, Christy) (Entered: 11/28/2016)
11/28/2016 614 Assented to MOTION for Leave to File Excess Pages re Brief In Opposition toNeovascs Motion to Stay Judgment Pending Appeal and in support ofCardiAQs Motion For Reconsideration of Denial of Injunction by CardiAQValve Technologies, Inc..(Lea, Christy) (Entered: 11/28/2016)
11/28/2016 615 Opposition re 600 MOTION to Stay Judgment Pending Appeal and in supportof CardiAQs Motion For Reconsideration of Denial of Injunction filed byCardiAQ Valve Technologies, Inc.. (Attachments: # 1 Appendix A, # 2Appendix B, # 3 Text of Proposed Order)(Lea, Christy) (Additional
11/29/2016 618 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 611Motion to Seal (Folan, Karen) (Entered: 11/29/2016)
11/29/2016 619 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 614Motion for Leave to File Excess Pages ; Counsel using the Electronic CaseFiling System should now file the document for which leave to file has beengranted in accordance with the CM/ECF Administrative Procedures. Counselmust include − Leave to file granted on (date of order)− in the caption of thedocument. (Folan, Karen) (Entered: 11/29/2016)
11/30/2016 620 NOTICE OF APPEAL by Neovasc Inc., Neovasc Tiara Inc. Filing fee: $ 505,receipt number 0101−6394643 Fee Status: Not Exempt. NOTICE TOCOUNSEL: A Transcript Report/Order Form, which can be downloaded fromthe First Circuit Court of Appeals web site at http://www.ca1.uscourts.govMUST be completed and submitted to the Court of Appeals. Counsel shallregister for a First Circuit CM/ECF Appellate Filer Account athttp://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the FirstCircuit requirements for electronic filing by visiting the CM/ECFInformation section at http://www.ca1.uscourts.gov/cmecf. US DistrictCourt Clerk to deliver official record to Court of Appeals by 12/20/2016.(Graves, Charles) (Entered: 11/30/2016)
12/01/2016 621 135 NOTICE OF APPEAL to the Federal Circuit as to 418 Memorandum &ORDER, Terminate Motions, 529 Order on Motion for Judgment as a Matterof Law Order on Sealed Motion, 598 Judgment, 583 Order on Motion forMiscellaneous Relief Order on Motion for Injuctive Relief Order on Motionfor New Trial Order on Motion for Leave to Appear by Neovasc Inc., NeovascTiara Inc. Filing fee: $ 505, receipt number 0101−6394643 Fee Status: NotExempt US District Court Clerk to deliver official record to Court of Appealsby 12/21/2016. (Paine, Matthew) (Entered: 12/01/2016)
12/01/2016 622 Notice of correction to docket made by Court staff. Correction: Docket Entry619 Notice of Appeal to the Federal Circuit Corrected Because: CounselGraves Filed the Notice of Appeal Under the Wrong Event in CM/ECF. TheNotice of Appeal Was Re−Docketed as ECF No. 621, Appeal to the FederalCircuit Court of Appeals. (Paine, Matthew) (Entered: 12/01/2016)
require to remove that information from every trial exhibit, and the limiting instruction that will
be given to the jury. To the extent either party is particularly concerned with the
“CONFIDENTIAL” or “ATTORNEY’S EYES ONLY” production prefix being included on a
specific trial exhibit, however, the opposing counsel should be notified.
b. CardiAQ’s Motion in Limine No. 2 to Exclude Evidence or Argument Regarding the Sufficiency of CardiAQ’s Revised Disclosure of Trade Secrets [ECF No. 349]
During the pre-trial conference, the parties were generally in agreement regarding Motion
in Limine No. 2. During discovery, CardiAQ disclosed a list of its alleged trade secrets, and at
trial, Neovasc may challenge whether these are in fact trade secrets and whether they actually
match what CardiAQ possessed in 2009-2010. Neovasc can contest, question and challenge the
accuracy of CardiAQ’s written list of alleged trade secret claims. The process through which the
list came about—during discovery and following motion practice—is irrelevant. Neovasc can
establish that CardiAQ created the list after the litigation began, but otherwise, any evidence
regarding the discovery dispute and whether the list fulfilled CardiAQ’s discovery obligations is
excluded.
c. CardiAQ’s Motion in Limine No. 3 to Exclude any Argument or Evidence Regarding the Safety of the CardiAQ TMVI Device [ECF No. 351]
As discussed at the pre-trial conference, this issue will largely be resolved on a case-by-
case basis at trial. Generally, the Court will not allow Dr. Little to opine about the overall safety
of CardiAQ’s device, because such testimony is irrelevant and unduly prejudicial. Dr. Little may
only discuss the safety of CardiAQ’s device as it relates to individual patient outcomes and only
to the extent it is directly relevant to the functioning of the anchoring mechanism at issue in this
case.
Case 1:14-cv-12405-ADB Document 418 Filed 04/25/16 Page 2 of 14
d. CardiAQ’s Motion in Limine No. 4 to Preclude Neovasc From Offering Any Evidence or Argument Regarding CardiAQ’s Request for Injunctive Relief or the Financial Impact of Any Damages Award [ECF No. 352]
As discussed at the pre-trial conference, any evidence and testimony concerning
CardiAQ’s request for injunctive relief will be excluded at trial. Because the jury will not decide
whether to impose an injunction, testimony and evidence regarding an injunction, and its
potential impacts, are irrelevant and inadmissible at trial.1
In addition, Neovasc may not present any evidence about its ability to pay a damages
award or the impact of any damages award. Typically, “the financial standing of the defendant is
inadmissible as evidence in determining the amount of compensatory damages to be awarded.”
Geddes v. United Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977). Neovasc contends that this is a
special case—that because CardiAQ is seeking a “reasonable royalty” measure of damages, its
financial condition is relevant to the royalty it would have been willing to pay during a
hypothetical negotiation. “A comprehensive (but unprioritized and often overlapping) list of
relevant factors for a reasonable royalty calculation appears in Georgia–Pacific Corp. v. United
States Plywood Corp., 318 F. Supp. 1116, 1120 (S.D.N.Y. 1970).” Trustees of Boston Univ. v.
Everlight Elecs. Co., No. CV 12-11935-PBS, 2015 WL 6408118, at *1 (D. Mass. Oct. 23, 2015)
(quoting ResQNet.com, Inc. v. Lansa, Inc., 594 F.3d 860, 869 (Fed. Cir. 2010)). The parties’
financial condition is not one of the fifteen factors listed in Georgia-Pacific Corp. Nonetheless,
Neovasc cites two non-binding decisions that allowed the defendant’s financial condition to be
taken into account for calculating a reasonable royalty. See Innovention Toys, LLC v. MGA
Entm’t Inc., No. 01-6510, 2012 U.S. Dist. LEXIS 156733, at *12 (E.D. La. Nov. 1, 2012);
Century Wrecker Corp. v. E.R. Buske Mfg. Co., 898 F. Supp. 1334, 1338 (N.D. Iowa 1995), on
1 Neovasc did not oppose this part of CardiAQ’s motion. [ECF No. 392 at 1 n.1].
Case 1:14-cv-12405-ADB Document 418 Filed 04/25/16 Page 3 of 14
Lastly, Dr. Hillstead may not express an opinion about whether or not any of CardiAQ’s
technology constitutes a trade secret. Dr. Hillstead may testify about the content of specific
public disclosures that he reviewed, but may not opine about the ultimate issue of secrecy. See
GSI Tech., Inc. v. United Memories, Inc., No. 5:13-cv-01081, 2015 U.S. Dist. LEXIS 140085,
*11-12 (N.D. Cal. Oct. 14, 2015) (“[A]n expert’s literature review can prove only that the
alleged trade secrets were not in the documents that the expert reviewed, not that they exist
nowhere in the public domain.”).
d. Neovasc’s Motion in Limine [ECF No. 358]
Neovasc’s omnibus Motion in Limine contains four subparts. For the reasons described
below, the Motion is granted in part.
First, Neovasc moved to prohibit CardiAQ from altering or modifying its operative trade
secret claims during trial. CardiAQ has identified six trade secrets and it may not add to or modify
them at trial. At the pre-trial conference, CardiAQ confirmed that it does not plan to alter them.
“Confidential Information” under the Non-Disclosure Agreement, however, is not limited to
qualifying trade secrets,2 and CardiAQ may argue that the Confidential Information allegedly used
or disclosed in violation of the Non-Disclosure Agreement extends beyond the 6 identified trade
secrets.
Second, Neovasc moved to prohibit CardiAQ from presenting or arguing a negative know-
2 Confidential Information is defined in the Non-Disclosure Agreement as “any oral or written information received from the Discloser which is not generally known to the public . . . . Confidential Information includes, by way of example and not limitation, information of a technical sense such as trade secrets; manufacturing processes or devices; current products or products under development; research subjects; methods and results; matters of a business nature such as information about cost, margins, pricing policies, markets, sales, suppliers and customers; product, marketing or strategic plans; financial information; personnel records and other information of a similar nature.” [ECF No. 64-2].
Case 1:14-cv-12405-ADB Document 418 Filed 04/25/16 Page 10 of 14
how theory of trade secret liability. Even if Neovasc is correct regarding the scope of trade secrets
under Massachusetts law, which will be addressed at the charge conference and in the jury
instructions, the challenged negative know-how evidence is relevant to other issues in the case
beyond the identification of CardiAQ’s trade secrets and therefore is admissible. See Wielgus v.
Ryobi Techs., Inc., 2012 WL 2277851, at *1 (N.D. Ill. June 18, 2012) (“The purpose of a motion
in limine is to prevent the jury from hearing evidence that is clearly inadmissible on all possible
grounds.”).
Third, Neovasc moved to exclude evidence or argument that the parties expressly entered
into a non-competition agreement or legal partnership, and/or had a duty to disclose competitive
activities to one another. The Non-Disclosure Agreement unambiguously: (1) forbid Neovasc from
using CardiAQ’s Confidential Information “for any purpose other than evaluating the proposed
business relationship;” and (2) allowed Neovasc to work on a competing product, provided it did
not use CardiAQ’s Confidential Information.3 Neither the Non-Disclosure Agreement (expressly
governed by Canadian Law) nor the Purchase Orders (also governed by Canadian law4) forbid
Neovasc from working on a competing product nor created an affirmative duty for Neovasc to
disclose its development of a competing device; CardiAQ cannot use the Canadian duty of honesty
in contractual performance to read such requirements into the contract. See Bhasin v. Hrynew,
2014 SCC 71, 2014 CSC 71, 2014 CarswellAlta 2046 (Can.) (holding that general duty of honesty
3 This is discussed in more detail in the Memorandum and Order resolving Neovasc’s Motion for Partial Summary Judgment. [ECF No. 417]. 4 The Purchase Order does not have a choice-of-law provision, and under Massachusetts’ “functional” approach to contractual choice of law issues, Canadian law applies. See Dunfey v. Roger Williams Univ., 824 F. Supp. 18, 20 (D. Mass. 1993). Though CardiAQ was located in Massachusetts when the Purchase Orders were entered, the services and supplies were all performed and provided by Neovasc in British Columbia, and the parties’ other contract (the Non-Disclosure Agreement) was expressly governed by the laws of British Columba.
Case 1:14-cv-12405-ADB Document 418 Filed 04/25/16 Page 11 of 14
valve implant (“TMVI”) device. During this time, CardiAQ and Neovasc entered into several
purchase orders (the “Purchase Orders”), in which they agreed to the work Neovasc would
perform. [See e.g., ECF No. 64, Ex. D].
In October 2009, in the midst of this business relationship, Neovasc began developing its
own TMVI device. CardiAQ’s complaint alleged that in developing this TMVI device, Neovasc
breached the parties’ Non-Disclosure Agreement (“NDA”) and misappropriated CardiAQ’s trade
secrets. The complaint further alleged that Neovasc’s development of its own TMVI device
breached the implied covenant of good faith and fair dealing in both the NDA and the Purchase
Orders, violated Mass. Gen. L. Ch. 93A (“Chapter 93A”), and constituted fraud. CardiAQ also
brought a claim for correction of inventorship under 35 U.S.C. § 256, requesting that its two co-
founders be added as inventors to Neovasc’s U.S. Patent No. 8,579,964 (the ‘“964 Patent”).
In an April 25, 2016 opinion, the Court granted Neovasc summary judgment on the fraud
claim, finding that CardiAQ had not identified actionable false statements and that Neovasc’s
failure to disclose its competing product was not fraud. [ECF No. 417]. The remaining claims
proceeded to trial, and on May 19, 2016 a jury returned a verdict in favor of CardiAQ for
$70,000,000. [ECF No. 483]. Specifically, the jury found that Neovasc (1) breached the NDA;
(2) breached the duty of honest performance in the NDA but not the Purchase Orders1; and (3)
misappropriated three of CardiAQ’s six identified trade secrets. Id. The jury awarded CardiAQ
zero damages for the contract claims and $70,000,000 for the trade secret claims.2
1 Because both the Non-Disclosure Agreement and Purchase Orders are governed by Canadian law, CardiAQ’s original claim for breach of the covenant of good faith and fair dealing under Massachusetts law was advanced under the analogous duty of honest performance under Canadian law. 2 CardiAQ’s inventorship claim was not submitted to the jury and will be resolved by this Court after it is fully briefed.
Case 1:14-cv-12405-ADB Document 529 Filed 07/28/16 Page 2 of 7
The duty of honest performance means that neither party may lie or otherwise knowingly mislead the other party about matters linked to the performance of the contract. This does not impose a duty of loyalty or of disclosure or require a party to forego advantages flowing from the contract. It is a simple requirement . . . not to lie or mislead the other party about one’s contractual performance.
[ECF No. 488 at 163-164]. This instruction tracked the recent Canadian Supreme Court decision
in Bhasin v. Hrynew, which first recognized the duty of honest performance. 2014 SCC 71 (Can.
2014). In Bhasin, the Canadian Supreme Court explained the duty of honest performance as the
“simple requirement not to lie or mislead the other party about one’s contractual performance.”
Id. ¶ 73. It “does not impose a duty of loyalty or of disclosure or require a party to forego
advantages flowing from the contract,” the court explained, but does require that “parties . . . not
lie or otherwise knowingly mislead each other about matters directly linked to the performance
of the contract.” Id.
Applying the stringent standard required under Fed. R. Civ. P. 50, the Court finds that
neither party is entitled to judgment as a matter of law. The Court will not disrupt the jury’s
verdict, which reasonably found that Neovasc breached its duty to honestly perform the NDA but
not the Purchase Orders.
First, with respect to the NDA, there was evidence at trial that over the course of the
business relationship, Neovasc asked for, received, and used CardiAQ’s confidential information
after it began to develop a competing product, without taking any steps to segregate its
employees from working on the two projects.3 Under the NDA, the parties agreed that the
recipient of “Confidential Information”4 would not use or disclose such information for “any
3 A more thorough recitation of the facts is included in the Court’s previous order granting Neovasc judgment as a matter of law on CardiAQ’s Chapter 93A claim. [ECF No. 495]. 4 Confidential Information is defined in the NDA as “any oral or written information received from the Discloser which is not generally known to the public . . . Confidential Information includes, by way of example and not limitation, information of a technical sense such as trade
Case 1:14-cv-12405-ADB Document 529 Filed 07/28/16 Page 4 of 7
purpose other than evaluating the proposed business relationship.” [ECF No. 64, Ex. B]. They
further agreed that the recipient would not “directly or indirectly, disclose any Confidential
Information to any third party or use the Confidential Information for its own benefit or for the
benefit of any third party.” Id. Based on the evidence presented at trial, a jury very reasonably
could have found that Neovasc not only breached the NDA, but also failed to honestly perform
its obligations as set forth in the NDA. A reasonable jury could have found that Neovasc
knowingly misled CardiAQ, by continuing to ask for and receive CardiAQ’s confidential
information while simultaneously and surreptitiously developing its own competing product. A
jury could have also reasonably found that Randy Lane, Neovasc’s primary point of contact with
CardiAQ and the inventor of the competing TMVI device, intentionally misled CardiAQ into
sharing confidential information that would assist Neovasc in its competitive development.
Although reasonable minds could perhaps differ on these points, the evidence certainly did not
strongly and overwhelmingly compel a different conclusion or establish that the jury’s findings
were not supported.
Based on these same facts, a reasonable jury could have also concluded that Neovasc did
not breach the duty of honest performance in the Purchase Orders. CardiAQ claims that Neovasc
breached this duty related to the Purchase Orders by continuing to “actively seek and use
CardiAQ’s confidential information—through its purchase orders with CardiAQ—while
perpetuating CardiAQ’s false belief that Neovasc was a benign vendor.” [ECF No. 511 at 3].
This argument conflates Neovasc’s obligations under the NDA with its obligations under the
secrets; manufacturing processes or devices; current products or products under development; research subjects; methods and results; matters of a business nature such as information about cost, margins, pricing policies, markets, sales, suppliers and customers; product, marketing or strategic plans; financial information; personnel records and other information of a similar nature.” [ECF No. 64, Ex. B].
Case 1:14-cv-12405-ADB Document 529 Filed 07/28/16 Page 5 of 7
(6) Neovasc’s motions for the Pro Hac Vice admission of new attorneys [ECF Nos. 571-573] are
DENIED as MOOT.
I. Background
a. Procedural Background
In its original complaint, filed on June 6, 2014 [ECF No. 1], as well as its amended
complaint, filed on January 15, 2015 [ECF No. 64], CardiAQ brought the following seven claims
against Neovasc: (1) correction of inventorship under 35 U.S.C. § 256; (2) breach of the NDA;
(3) breach of the implied covenant of good faith and fair dealing in the NDA and purchase
orders;1 (4) fraud; (5) misappropriation of trade secrets under Mass. Gen. L. ch. 93 §§ 42, 42A
and the common law; (6) violation of Mass. Gen. L. ch. 93A § 11; and (7) injunctive relief.
In April 2016, the Court granted Neovasc’s motion for summary judgment as to the fraud
count, finding that Neovasc did not have an affirmative duty to disclose its competitive activities
to CardiAQ, and therefore did not commit fraud by failing to disclose such activity once it began.
[ECF No. 417]. The Court, however, denied Neovasc’s motion for summary judgment as to the
inventorship and Chapter 93A counts. Id.
The next month, this action proceeded to trial. Over the course of the two-week trial, the
two founders of CardiAQ—Brent Ratz and Dr. Arshad Quadri—testified, as did Rob Michiels,
the former CEO of CardiAQ; Randy Lane, Vice President of Research and Development at
Neovasc; and Alexei Marko, CEO of Neovasc. The jury also heard the deposition of testimony
of several fact witnesses that were not present at trial, including: Colin Nyuli, an intellectual
property manager and former project engineer at Neovasc; Krista Neale, the manager of new
1 Because both the NDA and the parties’ purchase orders are governed by Canadian law, at trial, CardiAQ’s claims for breach of the covenant of good faith and fair dealing under Massachusetts law were advanced under the analogous duty of honest performance under Canadian law.
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 3 of 40
The jury returned a split verdict. [ECF No. 483]. The verdict form contained eight
questions. The first four concerned CardiAQ’s breach of contract claims. The jury was asked to
determine whether CardiAQ had proven, by a preponderance of the evidence that Neovasc had:
(1) breached the NDA; (2) breached the duty of honest performance in the NDA; and (3)
breached the duty of honest performance in the purchase orders. If the jury answered yes to any
of these three questions, they were instructed to then determine the amount of money CardiAQ
should receive for Neovasc’s breach(es). The jury answered yes to the first two questions, but no
to the third: Neovasc had breached the NDA as well as the duty of honest performance in the
NDA, but not the purchase orders. As to the fourth question, the jury found that CardiAQ should
not receive any money for Neovasc’s breaches.
Next, the jury was asked to determine if Neovasc had misappropriated CardiAQ’s trade
secrets. At trial, CardiAQ maintained that Neovasc had misappropriated six of its trade secrets,
and the verdict form asked the jury to make a separate finding as to each one. The six alleged
trade secrets were originally identified by CardiAQ during discovery, and were described in trial
exhibit 1157. The alleged trade secrets were:
1. CardiAQ’s Rev. C Prototype Design [Tr. Ex. 1157 at 1-5];
2. CardiAQ’s Rev. D Prototype Design [Tr. Ex. 1157 at 5-10];
3. CardiAQ’s Rev. E Prototype Design [Tr. Ex. 1157 at 10-14];
4. A transcatheter replacement mitral valve prosthesis design that includes an expandable metal frame for supporting a tricuspid, one-way valve, the expandable metal frame sized for placement in a human native mitral valve space, where the prosthesis is configured for mitral valve implantation without relying exclusively on radial force but rather by engaging the native mitral valve annulus on the atrial side of the native mitral valve and by anchoring the prosthesis on the ventricular side of the native mitral valve annulus [Tr. Ex. 1157 at 14-17];
5. The CardiAQ Mandrel [Tr. Ex. 1157 at 18]; and
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 5 of 40
Ratz emailed Mr. McPherson CardiAQ’s standard agreement, and Mr. McPherson responded
that he would rather use Neovasc’s. Id. On June 4, 2009, the parties executed Neovasc’s Non-
Disclosure Agreement (the “NDA”), agreeing that the recipient of “Confidential Information”
could not use or disclose such information for “any purpose other than evaluating the proposed
business relationship.” [Tr. Ex. 371].2 The parties agreed that the recipient of Confidential
Information could not “directly or indirectly, disclose any Confidential Information to any third
party or use the Confidential Information for its own benefit or for the benefit of any third
party.” Id. The NDA had a five-year term, and was governed by the laws of the Province of
British Columbia. Id. The NDA was executed via email and signed by Mr. Ratz and Neovasc
CEO Alexei Marko. [Tr. Day 3, 188:1-14; Tr. Ex. 371].
At the time Mr. McPherson reached out to CardiAQ, CardiAQ was a start-up developing
a TMVI device—a prosthetic heart valve delivered through a catheter to replace a
malfunctioning native mitral valve. Mitral regurgitation, one of the most common forms of heart
disease, can be treated by replacing the mitral valve, but, currently, the only way to replace the
mitral valve is through open heart surgery. By June 2009, CardiAQ, had developed a prototype
of its TMVI device, intended to replace the mitral valve through a catheter procedure, rather than
open heart surgery.
2 Confidential Information is defined in the NDA as “any oral or written information received from the Discloser which is not generally known to the public . . . Confidential Information includes, by way of example and not limitation, information of a technical nature such as trade secrets; manufacturing processes or devices; current products or products under development; research subjects; methods and results; matters of a business nature such as information about cost, margins, pricing policies, markets, sales, suppliers and customers; product, marketing or strategic plans; financial information; personnel records and other information of a similar nature.” [ECF No. 64, Ex. B].
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 7 of 40
the $70 million verdict and further argued that the Court should enhance damages by at least
33%, or $23.3 million. Neovasc responded to the supplemental memorandum on September 8,
2016. [ECF No. 567].
a. Motion for Enhanced Damages CardiAQ’s request for enhanced damages arises under Mass. Gen. L. ch. 93, § 42, which
states that:
Whoever embezzles, steals or unlawfully takes, carries away, conceals, or copies, or by fraud or by deception obtains, from any person or corporation, with intent to convert to his own use, any trade secret, regardless of value, shall be liable in tort to such person or corporation for all damages resulting therefrom. Whether or not the case is tried by a jury, the court, in its discretion, may increase the damages up to double the amount found. The term ‘‘trade secret’’ as used in this section shall have the same meaning as is set forth in section thirty of chapter two hundred and sixty-six.
Mass. Gen. L. ch. 93, § 42 (emphasis added). This provision, which gives the Court discretion to
double the jury’s damages award in a trade secret case, has been applied sparingly in both state
and federal court. In Data Gen. Corp. v. Grumman Sys. Support Corp., 825 F. Supp. 340, 343 (D.
Mass. 1993), the court added $9,000,000 to the jury’s $27,417,000 award after finding that
defendant’ s misappropriation of trade secrets had been willful. In USM Corp. v. Marson
approval, and it is impossible to know which device(s) will or will not be approved. By imposing
the 18-month injunction, the Court could potentially delay the progress of the one TMVI device
that works, and thereby keep a lifesaving device off the market for an additional year-and-a-half.
While there is a countervailing interest in protecting trade secrets and disincentivizing trade
secret misappropriation, that interest is largely addressed by the damages Neovasc must pay, and
is outweighed by the public’s interest in getting the most effective TMVI device to the market as
fast as possible.
“An injunction is a drastic and extraordinary remedy, which should not be granted as a
matter of course.” Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 165–66 (2010). An
injunction should not be granted where “a less drastic remedy” will suffice. Id. For the reasons
explained above, the Court will not impose the 18-month injunction. The monetary relief already
awarded by the jury, together with the enhanced damages ordered by the Court, largely
compensate CardiAQ for its loss, and both the public interest and balance of the hardships
disfavor the injunction.
In addition to the 18-month suspension, CardiAQ’s motion for injunctive relief also
requests that the Court order the following:
1. That within seven days, Neovasc destroy all information that CardiAQ sent to Neovasc between June 2009 and April 2010, including emails and attachments thereto, CAD files, engineering drawings, animal test results, design history information, as well as any work product that Neovasc generated that incorporates information contained in the foregoing, including the contents of any physical or electronic file that Neovasc may keep regarding CardiAQ, including the electronic CardiAQ folder referenced during trial.
2. That within seven days, Neovasc return to CardiAQ any CardiAQ
prototypes, or portions thereof, that CardiAQ provided to Neovasc and that Neovasc still has in its possession, custody, or control, including but not limited to prototypes fabricated by Neovasc to test any CardiAQ prototype design.
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 18 of 40
3. That without the written consent of CardiAQ, Neovasc shall not in any
patent application relating to U.S. Patent No. 8,579,964, prosecute claims covering subject matter that is either described in CardiAQ’s Trade Secret Number 4, or described in claims of U.S. Patent No. 8,579,964 for which the Court determines Dr. Quadri and Mr. Ratz significantly contributed.
[ECF No. 516 ¶¶ 1-4]. The Court hereby approves the first two requests for relief. Neovasc is ordered to destroy
all information that CardiAQ sent to Neovasc between June 2009 and April 2010 and to return to
CardiAQ any CardiAQ prototypes, or portions thereof, that CardiAQ provided to Neovasc and
that Neovasc still has in its possession, custody, or control, including but not limited to
prototypes fabricated by Neovasc to test any CardiAQ prototype designs. Neovasc has no valid
reason to keep this information. To the extent the information is public, which would allow
Neovasc to use it even under the NDA, Neovasc can use public sources to obtain the
information. Neither the public nor CardiAQ has an interest in Neovasc retaining CardiAQ’s
information and prototypes. Regardless of the fact, as Neovasc argues, that the NDA has expired,
Neovasc does not have a right to retain CardiAQ’s confidential information and the injunction is
necessary to “protect the secrecy of misappropriated information, to eliminate the unfair
advantage obtained by the wrongdoer, and to reinforce the public policy of commercial
morality.” Specialized Tech. Res., Inc. v. JPS Elastomerics Corp., No. HSCV200700200, 2011
well as the individual Trade Secrets 3, 4, and 6 were each worth $90 million. [Tr. Day 8, 16:22-
25].4 They also point to Mr. Ratz’s testimony explaining that trade secrets 1 and 2 together, and
trade secrets 3, 4, and 6 individually, all had the same value. [Tr. Day 4, 88:5-22].
Based on the evidence before it, including Mr. Wagner and Mr. Ratz’ testimony, the jury
rationally appraised the value of the misappropriated trade secrets, and Neovasc has not
demonstrated that it is entitled to a new trial on damages. Mr. Wagner valued the trade secrets
based on the challenges they solved and the head start they gave to Neovasc. It was not
erroneous for Mr. Wagner to assume, or the jury to conclude, that the combination of trade
secrets 1 and 2, as well as the individual trade secrets 3, 4, and 6 solved the same challenges and
gave Neovasc the same head-start. Whether in the form of physical prototypes (trade secrets 1-
3), design features (trade secret 4), or historical developments (trade secret 6), each disclosed the
key inventive concepts behind CardiAQ’s TMVI device, including its anchoring system, and
how CardiAQ had gone about solving the challenges facing TMVI developers at the time.
b. Motion for a New Trial on Trade Secrets 4, 5, and 6 As the Court instructed the jury, for each trade secret claim, CardiAQ needed to prove by
a preponderance of the evidence the following three elements: (1) that CardiAQ’s information
was a trade secret; (2) that CardiAQ took reasonable steps to preserve the secrecy of its
information; and (3) that Neovasc used the trade secret through improper means. [Day 13 Tr. at
165:2-9]. In its motion for a new trial on trade secrets 4-6, Neovasc does not take issue with the
Court’s jury instructions. Rather, Neovasc contends that the “[t]he jury’s finding of
misappropriation with respect to TS Claims 4, 5, and 6 is unsupported by the evidence and
4 In his expert report, which was provided to Neovasc before trial, Mr. Wagner also stated that he was assigning equal value to trade secrets 1 and 2 together; trade secret 3 alone; trade secret 4 alone; and trade secret 6 alone. [ECF No. 363-2 at ¶ 13].
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 24 of 40
contrary to governing law.” [ECF No. 521 at 1]. Neovasc’s principal argument is that CardiAQ
did not prove that trade secrets 4, 5, and 6 were in fact trade secrets, as defined under
Massachusetts law and in the Court’s instructions.5
First, Neovasc argues that it is entitled to a new trial on trade secret number 4 since there
was insufficient evidence to show that trade secret 4 was either a secret or a unified process, as is
required of all trade secrets under Massachusetts law. Trade secret 4 described CardiAQ’s TMVI
device generally. Trade secret 4 consists of:
A transcatheter replacement mitral valve prosthesis design that includes an expandable metal frame for supporting a tricuspid, one-way valve, the expandable metal frame sized for placement in a human native mitral valve space, where the prosthesis is configured for mitral valve implantation without relying exclusively on radial force but rather by engaging the native mitral valve annulus on the atrial side of the native mitral valve and by anchoring the prosthesis on the ventricular side of the native mitral valve annulus, where the prosthesis includes one or more of the following
5 In its jury instructions, the Court defined a trade secret as follows:
A trade secret may consist of any formula, pattern, device or combination of information which is used in business and which gives an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for machine or other device, or a list of customers. A trade secret is a process or device for continuous use in the operation of the business. It differs from other secret information in a business in that it is not simply information as to a single or ephemeral event in the conduct of the business, as, for example, the amount or other terms of a secret bid for a contract or the salary of certain employees or the date fixed for the announcement of a new policy or for bringing out a new model or the like. The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in the industry cannot be appropriated by one as a secret. A trade secret can exist in a combination of characteristics and components, even if some or all of the characteristics and components are in the public domain, as long as the unified process, design, and operation of the combination constitutes a unique combination that is a trade secret.
[Tr. Day 13 at 165-66].
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 25 of 40
additional features: a. Ventricular Anchors that Extend Between the Chordae, Capture the Native Leaflets, and Engage the Ventricular Side of the Native Mitral Annulus . . . b. Variable Strut Dimensions . . . c. Lower Atrial Profile . . . d. Larger Ventricular Cross-Sectional Dimension . . .e. V-Shaped Atraumatic Anchors . . . f. Mushroom-Shaped Locking Tabs
[Tr. Ex. 1157 at 14-17]. Neovasc’s motion for a new trial focuses on the six features listed at the
end of trade secret 4. Neovasc claims that CardiAQ did not prove that these features were secret
or that they constituted a unified process. According to Neovasc, “CardiAQ did not merely fail to
establish secrecy of the individual features: it ultimately agreed that they were not secret,” and
further that “CardiAQ offered no evidence that combining some or all of the features resulted in
a unified process.” [ECF No. 521 at 5].
Neovasc’s motion for a new trial takes the six features listed at the end of trade secret
number 4 out of context. CardiAQ did not claim that these features were themselves trade
secrets. Instead, trade secret 4 consists of CardiAQ’s TMVI design, which contains one or more
of the six listed features. As the Court instructed the jury without objection, “A trade secret can
exist in a combination of characteristics and components, even if some or all of the
characteristics and components are in the public domain, as long as the unified process, design,
and operation of the combination constitutes a unique combination that is a trade secret.” [Tr.
Day 13 at 166:4-9]. Though sugar is not a trade secret, a secret recipe containing sugar can be.
Likewise, though mushroom-shaped locking tabs (one of the six listed features) may have been
well-known in the industry and therefore not a trade secret, the jury could reasonably find that a
TMVI device containing mushroom-shaped locking tabs was a trade secret.
Neovasc presented evidence that the individual elements of trade secret 4 were publically
known, but not in the context of a fully conceptualized TMVI device. For example, Neovasc’s
expert Mr. Leinsing cited to a patent on non-heart valve stents to show that variable strut
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 26 of 40
prototypes that embodied all of the features identified in CardiAQ’s Trade Secret 4, [Tr. Day 4,
86:14-16; Tr. Day 7, 12:17-17:21], and the jury could reasonably conclude that a TMVI device
with these features was both a secret and a unified process.6
Neovasc is also not entitled to a new trial on trade secret number 5. Trade secret number
5 was the CardiAQ Mandrel, a tool created by CardiAQ to help construct its TMVI device.
During their business relationship, and pursuant to the NDA, CardiAQ gave the Mandrel to
Neovasc, so that Neovasc could build CardiAQ’s prototypes. Krista Neale, a Neovasc project
engineer, admitted to using the Mandrel on an unrelated project after CardiAQ had cut ties with
Neovasc. [Neale Depo. 115:04-117:18].
6 In support of its motion for a new trial on trade secret 4, Neovasc cites several trade secret cases that were decided on summary judgment, after the defendant challenged the adequacy of plaintiff’s trade secret disclosures. In Sutra, Inc. v. Iceland Express, EHF for example, Judge Woodlock determined that plaintiff’s trade secret disclosure, made during discovery, was “far too open textured to meet the test for an identifiable trade secret,” where the plaintiff identified its alleged trade secret as the “operation, appearance, features and functionality” of its computer software. No. CIV.A. 04-11360-DPW, 2008 WL 2705580, at *4 (D. Mass. July 10, 2008). Likewise, in Sit-Up Ltd. v. IAC/InterActiveCorp. the court granted summary judgment where the plaintiff failed to “describe the secret with sufficient specificity that its protectability [could] be assessed and to show that its compilation [was] unique.” No. 05 CIV. 9292 (DLC), 2008 WL 463884, at *10 (S.D.N.Y. Feb. 20, 2008). On summary judgment, Neovasc could have, but chose not to, challenge the adequacy of CardiAQ’s trade secret disclosures. CardiAQ identified its trade secrets in August 2015, and Neovasc waited until after trial to argue that CardiAQ’s disclosures were somehow inadequate. In any event, CardiAQ identified trade secret 4 with sufficient detail, describing its TMVI design with particularity.
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 27 of 40
Neovasc claims that it is entitled to a new trial on trade secret number 5 because CardiAQ
ascribed no value to the Mandrel and because CardiAQ disclosed the Mandrel in an April 2010
patent application. The patent application, however, did not provide as much information as
Neovasc received by holding the physical Mandrel and by viewing CAD files for the Mandrel
that were not included in any patent applications. [Tr. Day 9 at 109:6-110:23; Tr. Ex. 1163].
Further, while it is true that the Mandrel was not included in Mr. Wagner’s reasonable royalty
calculation, the jury could still find that it was a valuable trade secret, given that it was covered
by the NDA, not publically available, and necessary to construct CardiAQ’s device.
Lastly, Neovasc is not entitled to a new trial on trade secret number 6. Trade secret
number 6 was the development history of CardiAQ’s TMVI device. In its trade secret disclosure,
CardiAQ identified trade secret number 6 as:
The development history of CardiAQ’s transcatheter replacement mitral valve prosthesis design, including the following: CardiAQ created an aortic valve prosthesis prototype designated as Rev. 4, which CardiAQ evaluated and tested. CardiAQ created a mitral valve prosthesis design designated as Rev. A. That Rev. A design evolved into a prototype designated as Rev. B, which CardiAQ evaluated and tested. That Rev. B design evolved into a prototype designated as Rev. C, which CardiAQ evaluated and tested. That Rev. C design evolved into a prototype designated as Rev. D, which CardiAQ evaluated and tested. That Rev. D design evolved into prototypes designated as the Rev. E series (including Rev. E2 through Rev. E4), which CardiAQ evaluated and tested.
[Tr. Ex. 1157 at 18]. According to Neovasc, this development history is not protectable as a trade
secret because it does not satisfy the continuous use or unified process requirements under
Massachusetts law. In addition, Neovasc claims that CardiAQ did not show that Neovasc
improperly used or disclosed CardiAQ’s development history.
Before and during its relationship with Neovasc, CardiAQ modified the design of its
TMVI device. At the outset of the parties’ relationship, both Mr. Ratz and Dr. Quadri told
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 28 of 40
608 at 4; see also Ex. 384 at 15] (“The Tiara program has benefited enormously from this pool of
experience and talent that has evolved as we have worked with our partners.”).7
IV. Inventorship The one issue that remains outstanding is CardiAQ’s inventorship claim. On November
12, 2013, the United States Patent and Trademark Office issued U.S. Patent No. 8,579,964 (the
“‘964 Patent”) to Neovasc. The ‘964 Patent, directed to a method of anchoring a valve into the
heart, lists Randy Lane and Colin Nyuli, both Neovasc employees, as the inventors. The ‘964
Patent contains one independent claim (Claim 1) and 27 dependent claims (Claims 2-28).
CardiAQ contends that Dr. Quadri and Mr. Ratz invented the subject matter of independent
Claim 1 and dependent Claims 2 through 28 of the ‘964 Patent, either by themselves or in
collaboration with Mr. Lane and Mr. Nyuli, and seeks an order, pursuant to 35 U.S.C. § 256,
requiring Neovasc and the Director of the United States Patent and Trademark Office to take all
steps necessary to correct the named inventor on the ‘964 Patent.
a. Legal Standard 35 U.S.C. Section 256 creates a cause of action in the district courts to correct the non-
joinder of an inventor on a patent. Under Section 256, a district court “may order correction of
the patent on notice and hearing of all parties concerned and the Director shall issue a certificate
7 To the extent Neovasc seeks a new trial based on based on alleged inconsistencies in the trade secret verdict, its arguments here are also unavailing. As this Court instructed the jury, CardiAQ’s inability to prove misappropriation of one trade secret “does not mean that it has failed to do so with any of its other alleged trade secrets.” [Tr. Day 13, 164:16-165:1]. The jury’s determination of no misappropriation could hinge on one of any number of details (disclosure, use, continuous use, public disclosure, etc.), which are unique between each trade secret. For instance, the jury could have found that trade secrets 1-3 (the Rev. C, D, and E design prototypes) were no longer in continuous use, since CardiAQ has replaced them with updated prototypes. Each trade secret claim hinged on distinct facts, and the jury’s split verdict reflects an attentive and deliberative process.
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 30 of 40
as well as to two intermittent provisional applications (Nos. 61/ 393,860 and 61/414,879). [Tr.
Ex. 565]. On November 12, 2013, application No. 13/096,572 issued as the ‘964 Patent. Id.
Claim 1 of the ‘964 Patent claims a method of anchoring a prosthetic valve in a patient’s
heart, said method comprising:
providing the prosthetic valve, wherein the prosthetic valve comprises an anchor having an atrial skirt, an annular region, a ventricular skirt, and a plurality of valve leaflets, wherein the ventricular skirt comprises a first trigonal anchoring tab disposed on an anterior portion of the ventricular skirt, wherein the anchor has a collapsed configuration for delivery to the heart and an expanded configuration for anchoring with the heart; positioning the prosthetic valve in the patient’s heart; expanding the atrial skirt radially outward so as to lie over a superior surface of the patient’s native mitral valve, and anchoring the atrial skirt against a portion of the atrium; radially expanding the annular region of the anchor to conform with and to engage the native mitral valve annulus; anchoring the first trigonal anchoring tab against a first fibrous trigone on a first side of an anterior leaflet of the native mitral valve, such that the anterior leaflet and adjacent chordae tendineae are captured between the trigonal anchoring tab and an anterior surface of the anchor; and radially expanding the ventricular skirt thereby displacing the native mitral valve leaflets radially outward.
[ECF No. 293-11 at 60-61].
c. Discussion The parties agree that before getting to the inventorship question, the Court must engage
in claim construction. The parties’ chief dispute, which was a central theme at trial, is the
meaning of “trigonal anchoring tab” mentioned in Claim 1. Claim 1 describes a prosthetic valve,
“wherein the ventricular skirt comprises a first trigonal anchoring tab” and involves “anchoring
the first trigonal anchoring tab against a first fibrous trigone on a first side of an anterior leaflet
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 33 of 40
history information, as well as any work product that Neovasc generated that
incorporates information contained in the foregoing, including the contents of any
physical or electronic file that Neovasc may keep regarding CardiAQ, including
the electronic CardiAQ folder referenced during trial (see Tr. Day 9 (Marko),
105:1-20; Ex. 1486 at 106:14-19). Neovasc must certify in writing that it has
complied with this paragraph of the Order.
b. Within 7 days of this Order, Neovasc must return to CardiAQ any CardiAQ
prototypes, or portions thereof, that CardiAQ provided to Neovasc and that
Neovasc still has in its possession, custody, or control, including but not limited to
prototypes fabricated by Neovasc to test any CardiAQ prototype design.8
3. Neovasc’s motion for a new trial on damages [ECF No. 522] is DENIED;
4. Neovasc’s motion for a new trial on trade secrets 4-6 [ECF No. 521] is DENIED;
5. CardiAQ has shown by clear and convincing evidence that Dr. Quadri and Mr. Ratz
contributed to the conception of U.S. Patent No. 8,579,964 and the Court therefore orders
that Dr. Quadri and Mr. Ratz be added as inventors of U.S. Patent No. 8,579,964; and
6. Neovasc’s motions for the Pro Hac Vice admission of new attorneys [ECF Nos. 571-573]
are DENIED as MOOT.
So Ordered.
October 31, 2016 /s/ Allison D. Burroughs ALLISON D. BURROUGHS U.S. DISTRICT JUDGE
8 Paragraphs a and b shall not apply to materials produced in, or generated by, this lawsuit and maintained by counsel of record or any other third party permitted by the Protective Order entered in this case [ECF No. 92] and used in accordance with that Order.
Case 1:14-cv-12405-ADB Document 583 Filed 10/31/16 Page 40 of 40
United States Court of Appeals for the Federal Circuit
Key Rule Changes
Key changes to the Federal Circuit local rules are included below as a courtesy to assist you in perfecting your appeal. For complete details, please review the current rules and potential future changes by visiting the Court’s online Rules and Notices pages at: www.cafc.uscourts.gov. December 1, 2016 Changes Cases opened on or after December 1, 2016 must comply with the updated rules. The revisions to the Federal Circuit Rules (“Rules”) and Federal Rules of Appellate Procedure (“FRAP”) will change page limitations to word limitations for various documents submitted to the court, if those documents were prepared using a computer word processing program (abbreviated below as: “computer”): • FRAP 27(d)(2): A motion or a response to a motion may not exceed 5,200 words.
o A reply may not exceed 2,600 words. • FRAP 28(j): A citation of supplemental authority may not exceed 350 words. • Rule 29(b): The United States or its officer or agency or a state may file an amicus curiae
brief during consideration of whether to grant rehearing without the consent of the parties or leave of court.
• Rule 39(b): An objection to the bill of costs must not exceed 1,300 words. • FRAP 35(b)(2) & 40(b): A Petition for Rehearing may not exceed 3,900 words. • Rule 40(e): A response to a petition for rehearing must not exceed 3,900 words. • Rule 40(g): An amicus brief on rehearing must not exceed 2,600 words.
April 1, 2016 Changes Cases opened on or after April 1, 2016 must comply with the below rules. Appeals, New Rule 12 - Practice Notes: Clarifies that any objection to an official caption should be made promptly after docketing of the appeal. Briefs
• Rule 28(a)(11): A document that is included in both the addendum and appendix must have the same page numbering. For example, if in the appendix a judgment in question is numbered Appx7-10, it must also be numbered Appx7-10 in the addendum.
Citations • Rule 28(a)(11) and 28(f): Requires appendices, supplemental appendices and addendum
material to be numbered using the abbreviation “Appx” or “SAppx” followed by the page number, and to be referenced in the briefs accordingly. Review the Appendix Reference Formatting Best Practices Guide, on the CM/ECF Reference Materials page of our public web
2 0 1 6 R u l e C h a n g e s S u m m a r y P a g e | 2
site www.cafc.uscourts.gov: • Rule 30(b)(4)(E): Requires the use of Bates numbering for all pages of an appendix or
supplemental appendix. Refer to the Adding Bates Number Guide available on the CM/ECF web page, Reference Materials.
Confidential Material Rule 27(m) and Rule 28(d): No material in a brief, motion, response, or reply shall be marked confidential – The exceptions are as follows: Each brief, motion, response, or reply may mark confidential up to fifteen (15) words if the information (1) was treated in the matter under review as confidential pursuant to a judicial or administrative protective order and (2) such marking is authorized by statute, administrative regulation, or court rule (such as Federal Rule of Civil Procedure 26(c)(1)). A 50-word limit applies in cases arising under 19 U.S.C. § 1516a or 28 U.S.C. § 1491(b).
• A motion, response or reply including confidential material must be accompanied by a certificate that the motion, response or reply complies with the word limitation. The form can be embedded within the brief or filed separately.
• Federal Circuit Form 31 is a suggested form of the certificate of compliance with this rule. It is the responsibility of the filing party to ensure that its certificate of compliance is accurate.
When you file a confidential document in CM/ECF, you will be asked to confirm that your document is compliant with all confidentiality requirements and/or that you have simultaneously filed a motion to waive the confidentiality requirements, if applicable (see Figure 1 below).
• To confirm, simply select the check box as indicated in Figure 1 and then select OK.
Figure 1. Confidential Brief Tendered Event
Entry of Appearance (EOA) Rule 47.3: If an attorney’s entry of appearance is first submitted after a case is assigned to a merits panel, the appearance will be treated as a motion to appear. Counsel must immediately file an updated EOA if representation changes. This included a change in contact information. Electronic filers must also report a change in contact information to the PACER Service Center. Oral Argument Rule 34 – Practice Notes: Shortens the time to 7 days from notification by the Clerk’s Office (via Notice of Docket Activity) that the case is fully briefed in which counsel must advise the Clerk’s Office of schedule conflicts; Clarifies argument time per side (not per attorney).
U . S . C O U R T O F A P P E A L S F O R T H E F E D E R A L C I R C U I T