Evolve Biosystems Inc

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CourtsN.D. Illinois

TypeOperating Company

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Entered	Case	Description
01/07/25	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	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) 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)
12/27/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	ANNUAL REMINDER: Pursuant to [Local Rule 3.2 (Notification of Affiliates)][, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this ][LINK][ will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/27/2024)] ANNUAL REMINDER: Pursuant to [Local Rule 3.2 (Notification of Affiliates)][, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this ][LINK][ will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/27/2024)]
11/19/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	RESPONSE by Plaintiffs Evolve BioSystems, Inc., Regents of the University of California to supplement [416] -- Plaintiffs' Response to Abbott's Notice of Supplemental Authority (Chivvis, Matthew) (Entered: 11/19/2024)
11/14/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	MOTION by Plaintiff Evolve BioSystems, Inc. for leave to file Under Seal Portions of Its Consolidated Reply Brief and LR 56.1 Statement for Summary Judgment and Expert Exclusion Presented before District Judge (Chivvis, Matthew) (Entered: 11/14/2024)
11/14/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	SEALED RESPONSE by Evolve BioSystems, Inc. to Rule 56 statement,,,,,, [410] -- Evolve's LR 56.1(c)(2) Response to Abbott's Statement of Additional Material Facts in Opposition to Evolve's Motion for Summary Judgment (Chivvis, Matthew) (Entered: 11/14/2024)
11/14/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	SEALED REPLY by Evolve BioSystems, Inc. to MOTION by Plaintiffs Regents of the University of California, Evolve BioSystems, Inc. for summary judgment Omnibus Cross-Motion for Summary Judgment and Motion to Exclude Expert Testimony Presented before District Judge [399] (Chivvis, Matthew) (Entered: 11/14/2024)
11/14/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	RESPONSE by Plaintiff Evolve BioSystems, Inc. to Rule 56 statement,,,,,, [410] -- Evolve's LR 56.1(c)(2) Response to Abbott's Statement of Additional Material Facts in Opposition to Evolve's Motion for Summary Judgment (Chivvis, Matthew) (Entered: 11/14/2024)
11/14/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	REPLY by Plaintiff Evolve BioSystems, Inc. to motion for summary judgment, [399] --Evolve's Consolidated Reply Brief for Evolve's Motions for Summary Judgment and Evolve's Motions to Exclude Expert Testimony (Chivvis, Matthew) (Entered: 11/14/2024)
11/12/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	SUPPLEMENT to motion for miscellaneous relief,, motion for summary judgment, [389] , objection to report and recommendations [398] (Attachments: # [1] Exhibit A)(Wickramasekera, Nimalka) (Entered: 11/12/2024)
11/01/24	Evolve Biosystems Inc v. Abbott Laboratories 1:19-CV-05859 ( N.D. IL )	MINUTE entry before the Honorable Jorge L. Alonso: Defendant Abbot Laboratories' Unopposed motion for leave to withdraw as counsel [413] is granted. Attorney Katherine Kyman is given leave to withdraw as counsel for Defendant. Notice mailed by Judge's staff (lf, ) (Entered: 11/01/2024)