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14-12405 - CardiAQ Valve Technologies, Inc. v. Neovasc Inc. et al


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14-12405 - CardiAQ Valve Technologies, Inc. v. Neovasc Inc. et al
October 3, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "Accordingly, defendants' motion to transfer venue (Docket No. 19) is DENIED. So ordered."(Moore, Kellyann)
November 6, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: Accordingly, defendants' motion to dismiss (Docket No. 38) is, with respect to plaintiff's claim for correction of inventorship, ALLOWED, but is, with respect to plaintiff's claims for fraud and unfair and deceptive trade practices, DENIED. So ordered."(Moore, Kellyann)
April 25, 2016
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Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER entered. For the reasons set forth herein, Neovascs Motion for Partial Summary 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 Chapter 93A).(Folan, Karen)
April 25, 2016
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Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER entered. Omnibus Memorandum and Order Resolving Motions to Exclude and Motions in Limine [ECF Nos. 340, 344, 345, 349, 351, 352, 354, 358]. (Folan, Karen)
July 28, 2016
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Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered 511 Plaintiff's Renewed Motion for Judgment as a Matter of Law and 520 Defendants' Renewed Motion for Judgment as a Matter of Law are DENIED. 474 Defendants' Motion for Judgment as a Matter of Law and 478 Plaintiff's Motion for Judgment as a Matter of Law are terminated. (See attached Order) (Montes, Mariliz)
October 31, 2016
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No. 8,579,964; and6. Neovascs motions for the Pro Hac Vice admission of new attorneys [ECF Nos. 571-573] are DENIED as MOOT.So Ordered. (Montes, Mariliz)Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered.For the reasons stated herein:1. CardiAQs motion for enhanced damages [ECF No. 513] is GRANTED IN PART and Neovasc is ordered to pay $21,000,000 in enhanced damages;2. CardiAQs motion for injunctive relief [ECF No. 516] is GRANTED IN PART and the Court orders that:a. Within 7 days of this Order, Neovasc must 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 (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.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] 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
December 2, 2016
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Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered Neovasc is permitted to file a Reply Brief in support of its motion to stay judgment pending appeal 600 by December 12, 2016. CardiAQ may file a Reply Brief in support of its request for prejudgment interest by December 12, 2016. Neovasc's motion to stay/preserve the status quo pending resolution of its motion to stay judgment 606 is GRANTED, except that the correction of inventorship is not stayed. CardiAQ's motions for reconsideration of the denial of the injunction [612, 613] are DENIED. granting in part and denying in part 606 Motion to Stay; denying 612 Motion for Reconsideration ; denying 613 Motion for Reconsideration (Montes, Mariliz)
January 18, 2017
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judgment until judgment is satisfied. (Montes, Mariliz)Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered granting 639 Motion to Amend the Judgment. The judgment is amended to award CardiAQ $20,675,154 in prejudgment interest and $2,354.27 per day in postjudgment interest from entry of