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12/23/24
FINAL PRETRIAL ORDER: Jury Selection and Jury Trial set for 4/28/2025 at 9:00 AM in Courtroom 9B before Judge Christy Criswell Wiegand; Final Pretrial Conference set for 4/21/2025 at 10:00 AM in Courtroom 9B before Judge Christy Criswell Wiegand; Defendant's Motion regarding standing due 1/6/25; Plaintiff's Response to Motion regarding standing due 1/17/25; Plaintiff's Pretrial Statement and Witness List due by 2/17/25; Defendant's Pretrial Statement and Witness List due 3/3/25; parties' Joint Exhibit List, Designation of Discovery Excerpts, Daubert Motions and Motions in Limine due by 3/17/25; Response to Motions due by 3/24/25; Joint Proposed Jury Instructions, Proposed Verdict Slips, Proposed Voir Dire and Joint Stipulations due by 3/17/25. Signed by Judge Christy Criswell Wiegand on 7/29/2024. Signed by Judge Christy Criswell Wiegand on 12/23/2024. (bjw) (Entered: 12/23/2024)
12/23/24
Minute Entry for Telephonic Status Conference held on 12/23/2024 before Judge Christy Criswell Wiegand. (Court Reporter: Barbara Loch) (bjw) (Entered: 12/23/2024)
12/20/24
NOTICE of Change of Address by Colin J. Callahan (Callahan, Colin) (Entered: 12/20/2024)
12/16/24
SCHEDULING ORDER. IT IS HEREBY ORDERED that a Telephonic Status Conference is set for 12/23/24 at 10:00 AM before Judge Christy Criswell Wiegand. Counsel shall use the information provided at ECF No. 164 to access the conference. Counsel shall be prepared to propose and discuss a reasonable and efficient estimate for trial length, and to confirm their availability for trial. No confidential position papers are required in advance of this conference. Signed by Judge Christy Criswell Wiegand on 12/16/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 12/16/2024)
12/16/24
ORDER REGARDING SUMMARY JUDGMENT. As the parties are well aware, this is a patent infringement case in which Plaintiff University of Pittsburgh and Defendant Cook Myosite dispute ownership of the '423 Patent and whether Cook Myosite infringed on that patent. The '423 Patent contains eleven claims that protect a method of isolating muscle-derived stem/progenitor cells. The parties have filed cross-motions for summary judgment, ECF Nos. 193 and 217, as well as five Daubert motions challenging one another's experts, ECF Nos. 199, 202, 205, 211, 214. Defendant Cook Myosite has also filed a Motion to Strike one of Plaintiff UPitt's theories of the case, ECF No. 208, and has requested that the Court hold an in-person hearing on the motions for summary judgment "because many of the issues in th[e various] motions are intertwined," ECF No. 281. The summary judgment record is voluminous, with dozens of documents filed under seal. The parties have filed hundreds of pages of briefing, thousands of pages of exhibits, and several hundred pages of "concise" material facts and responses thereto. In an effort to bring some clarity and order to the parties' sealed filings, the Court required the parties to file an index of the motions and supporting documents so that it could determine what motion or brief the sealed filings related to. The parties' resulting index of documents is 54 single spaced pages. ECF No. 299. Suffice it to say, the case is complex, and involves a voluminous record, as well as a variety of competing expert testimony and many intertwining legal arguments and factual claims. To prevail on a motion for summary judgment, the moving party must establish that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). Having undertaken a review of the summary judgment record under the familiar Fed. R. Civ. P. 56 standard and established caselaw, the Court concludes, viewing the facts in the light most favorable to the non-moving party with respect to each motion for summary judgment, that material issues of fact exist with respect to both ownership and infringement of the '423 patent, which preclude the Court from entering summary judgment in favor of either party. In reaching this conclusion, the Court has considered the parties' Daubert Motions and related Motion to Strike, and declines, at this procedural juncture, to exclude the testimony of any party's expert(s) or strike the requested theory. Therefore, IT IS HEREBY ORDERED that the parties' [193] and [217] Motions for Summary Judgement are DENIED. IT IS FURTHER ORDERED that the parties' [199] , [202] , [205] , [211] , and [214] Daubert Motions to exclude various expert testimony are DENIED WITHOUT PREJUDICE. Finally, IT IS FURTHER ORDERED that Cook's [208] Motion to Strike and [281] Motion for a hearing are DENIED. Signed by Judge Christy Criswell Wiegand on 12/16/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 12/16/2024)
09/27/24
STATUS REPORT Revised Joint Inventory of Pending Substantive Motions by THE UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION. (Wu, Huiya) (Entered: 09/27/2024)
09/26/24
SEALED DOCUMENT by THE UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION.. (Attachments: # [1] Exhibit 1, # [2] Exhibit 2, # [3] Exhibit 3, # [4] Exhibit 4, # [5] Exhibit 6, # [6] Exhibit 7, # [7] Exhibit 8, # [8] Exhibit 9, # [9] Exhibit 10, # [10] Exhibit 11, # [11] Exhibit 12, # [12] Exhibit 13, # [13] Exhibit 15, # [14] Exhibit 16, # [15] Exhibit 17, # [16] Exhibit 18, # [17] Exhibit 19, # [18] Exhibit 20, # [19] Exhibit 21, # [20] Exhibit 22, # [21] Exhibit 23, # [22] Exhibit 24, # [23] Exhibit 25, # [24] Exhibit 26, # [25] Exhibit 27, # [26] Exhibit 28, # [27] Exhibit 29, # [28] Exhibit 30, # [29] Exhibit 31, # [30] Exhibit 32, # [31] Exhibit 33, # [32] Exhibit 34, # [33] Exhibit 35, # [34] Exhibit 40, # [35] Exhibit 41, # [36] Exhibit 42, # [37] Exhibit 43, # [38] Exhibit 44, # [39] Exhibit 47, # [40] Exhibit 48, # [41] Exhibit 49, # [42] Exhibit 50, # [43] Exhibit 51, # [44] Exhibit 54, # [45] Exhibit 55, # [46] Exhibit 56, # [47] Exhibit 57, # [48] Exhibit 58) (Wu, Huiya) (Entered: 09/26/2024)
09/26/24
SEALED DOCUMENT by THE UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION.. (Attachments: # [1] Exhibit 1, # [2] Exhibit 2, # [3] Exhibit 3, # [4] Exhibit 4, # [5] Exhibit 5, # [6] Exhibit 6) (Wu, Huiya) (Entered: 09/26/2024)
09/26/24
SEALED DOCUMENT by THE UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION.. (Attachments: # [1] Exhibit 1, # [2] Exhibit 2, # [3] Exhibit 3, # [4] Exhibit 4) (Wu, Huiya) (Entered: 09/26/2024)
09/26/24
SEALED DOCUMENT by THE UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION.. (Attachments: # [1] Exhibit 1, # [2] Exhibit 2, # [3] Exhibit 3, # [4] Exhibit 4) (Wu, Huiya) (Entered: 09/26/2024)