Todd Flaming

Illinois

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Cases3
Challenger50%
Patent Owner50%
NPE50%
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Practice Areas
Mech Eng, ManufBiotechChemical
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DCTPTABCAFC

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L5
A
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L5
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Entered
Case
Description
01/07/25
MEMORANDUM Opinion and Order: Abbott's motion for summary judgment and the exclusion of expert testimony [389] is granted in part. The Court grants the motion for summary judgment for Abbott and against Evolve on the patent claims and on Evolve's false advertising and unfair competition claims; it denies the motion as moot as to the exclusion of expert testimony. The Court declares that the asserted claims of the '872 patent and '091 patent are invalid under 35 U.S.C. § 102 as anticipated. Evolve's cross-motion for summary judgment and the exclusion of expert testimony [399] [401] is granted in part and denied in part. The Court grants Evolve's motion for summary judgment on Abbott's false advertising and state-law counterclaims; the motion is otherwise denied as moot.The motions to seal [394] [402] [412] [421] are granted because the parties have filed reasonably redacted versions of the sealed documents and, to the extent that they underpinned the Court's decision on summary judgment, the Court has revealed the substance of those documents in this opinion.Judge McShain's Report and Recommendations of August 16, 2024 [395] and August 30, 2024 [397] are adopted. Abbott's objections [398] [404] are overruled because the Court finds Judge McShain's reasoning persuasive as to the issues pertinent to its decision on summary judgment; to the extent the objections concern issues immaterial to the Court's summary judgment decision, they are overruled as moot. The parties shall file a status report within a week of the date of entry of this Memorandum Opinion and Order to notify the Court of their positions on whether to proceed to trial on Evolve's remaining counterclaims according to the previously set schedule, or whether an adjustment of the schedule is appropriate in light of this ruling. Signed by the Honorable Jorge L. Alonso on 1/7/2025. Notice mailed by Judge's staff (lf, ) (Entered: 01/07/2025)
02/09/24
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Medline Industries, Inc. (Reynolds, Terra) (Entered: 02/09/2024)