Eli Lilly and Company v. Eagle Pharmaceuticals, Inc.
Plaintiff: Eli Lilly and Company
Defendant: Eagle Pharmaceuticals, Inc.
Case Number: 1:2017cv01293
Filed: September 11, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: XX US, Outside State
Presiding Judge: Vacant Judgeship (2017)
Referring Judge: Mitchell S Goldberg
2 Judge: Mary Pat Thynge
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2019 Filing 176 Official Transcript of Bench Trial held on 12/13/2019 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber Susanne R. White, Phone Number: (215) 292-1092. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 1/13/2020. Redacted Transcript Deadline set for 1/23/2020. Release of Transcript Restriction set for 3/23/2020. (lak)
December 23, 2019 Filing 175 Official Transcript of Bench Trial held on 12/12/2019 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber Susanne R. White, Phone Number: (215) 292-1092. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 1/13/2020. Redacted Transcript Deadline set for 1/23/2020. Release of Transcript Restriction set for 3/23/2020. (lak)
December 16, 2019 Opinion or Order Filing 174 SO ORDERED - re D.I. #173 Stipulation of Dismissal filed by Eli Lilly and Company. Signed by Judge Mitchell S. Goldberg on 12/16/2019. (amf)
December 16, 2019 CASE CLOSED (amf)
December 16, 2019 Filing 173 STIPULATION of Dismissal (with prejudice) by Eli Lilly and Company. (Blumenfeld, Jack)
December 16, 2019 Opinion or Order Filing 172 ORDER granting #171 Motion for Pro Hac Vice Appearance of Attorney Stefan M. Miller. Signed by Judge Mitchell S. Goldberg on 12/13/2019. (lak)
December 13, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Day 6 of Bench Trial completed on 12/13/2019. (Court Reporter Stephen Sonnie.) (*Case reported settled) (amf) Modified on 1/9/2020 (amf).
December 12, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Day 5 of Bench Trial held on 12/12/2019. (Court Reporter Stephen Sonnie.) (amf) Modified on 1/9/2020 (amf).
December 12, 2019 Filing 171 MOTION for Pro Hac Vice Appearance of Attorney Stefan M. Miller - filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
December 11, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Telephone Conference held on 12/11/2019. (amf) Modified on 1/9/2020 (amf).
November 5, 2019 Opinion or Order Filing 170 ORDER, BENCH TRIAL in the above-captioned matter will continue on December 12-13, 2019 beginning at 9:30 a.m. in the United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania. A PRETRIAL CONFERENCE is scheduled for Wednesday, December 11, 2019 at 11:00 a.m. The conference will be held via telephone. Counsel are to phone in at (877) 336-1828. Signed by Judge Mitchell S. Goldberg on 11/05/2019. (mal)
October 31, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Day 4 of Bench Trial held on 10/31/2019. (Court Reporters Jennifer Guy and Heather Triozzi.) (amf)
October 30, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Day 3 of Bench Trial held on 10/30/2019. (Court Reporters Stacey Ingram and Jennifer Guy.) (amf)
October 29, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Day 2 of Bench Trial held on 10/29/2019. (Court Reporters Val Gunning, Stacey Ingram, Jennifer Guy.) (lak)
October 28, 2019 Filing 169 Joint STIPULATION re Unasserted Claims & [Proposed] Order by Eli Lilly and Company. (Fahnestock, Derek)
October 28, 2019 Document Unsealed per Judge's Order during day 1 of Bench Trial. #163 Proposed Pretrial Order unsealed. (lak)
October 28, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Day 1 of Bench Trial held on 10/28/2019. (Court Reporters Val Gunning, Stacey Ingram, Jennifer Guy.) (lak)
October 25, 2019 Filing 168 Official Transcript of Telephonic Hearing held on October 23, 2019 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber Stephen Sonnie,Telephone number 973-692-0660. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/15/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/23/2020. (lak)
October 23, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg: Final Pretrial Telephone Conference held on 10/23/2019. (nmg)
October 22, 2019 Filing 167 NOTICE OF SERVICE of Plaintiff's Disclosure Regarding Live Trial Witnesses filed by Eli Lilly and Company.(Fahnestock, Derek)
October 21, 2019 Filing 166 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.'s Preliminary Pre-Trial Order Disclosure Regarding Live Trial Witnesses filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
October 21, 2019 Filing 165 [SEALED] SEALED Letter to The Honorable Mitchell S. Goldberg from Kelly E. Farnan regarding PTO Exhibits - re #163 Proposed Pretrial Order. (Attachments: #1 Exhibit 2.2, #2 Exhibit 6.2)(Farnan, Kelly)
October 18, 2019 Filing 164 REDACTED VERSION of #163 Proposed Pretrial Order by Eli Lilly and Company. (Attachments: #1 Exhibits 1-6)(Fahnestock, Derek)
October 11, 2019 Filing 163 Proposed Pretrial Order --Joint by Eli Lilly and Company. (Attachments: #1 Exhibits 1-6)(Fahnestock, Derek) Modified on 10/28/2019 (lak).
October 8, 2019 Opinion or Order Filing 162 ORDER Approving #161 STIPULATION TO EXTEND TIME to Submit Pretrial Order to October 11, 2019 filed by Eli Lilly and Company. Signed by Judge Mitchell S. Goldberg on 10/8/2019. (nmg)
October 7, 2019 Filing 161 STIPULATION TO EXTEND TIME to Submit Pretrial Order to October 11, 2019 - filed by Eli Lilly and Company. (Fahnestock, Derek)
October 4, 2019 Pro Hac Vice Attorney Jeanna M. Wacker for Eagle Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
October 2, 2019 Opinion or Order Filing 160 ORDER granting D.I. #159 MOTION for Pro Hac Vice Appearance of Attorney Bryan S. Hales and Jeanna M. Wacker. Signed by Judge Mitchell S. Goldberg on 10/2/2019. (nmg)
September 30, 2019 Filing 159 MOTION for Pro Hac Vice Appearance of Attorney Bryan S. Hales and Jeanna M. Wacker - filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
September 27, 2019 Filing 158 NOTICE OF SERVICE of Defendants Notice Pursuant to 35 U.S.C. 282 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
September 13, 2019 Opinion or Order Filing 157 ORDER, the PRETRIAL CONFERENCE in the above-captioned matter scheduled for Tuesday, October 15, 2019 at 10:00 a.m. is RESCHEDULED to be held on Wednesday, October 23, 2019 at 10:15 a.m. The conference will be held via telephone. Counsel are to phone in at (877) 336-1828; access code 4305075. Signed by Judge Mitchell S. Goldberg on 9/13/2019. (lak)
September 10, 2019 Filing 156 NOTICE requesting Clerk to remove Galina I. Fomenkova as co-counsel. Reason for request: No Longer with Firm. (Fahnestock, Derek)
August 15, 2019 Filing 155 Letter to The Honorable Mitchell S. Goldberg from Kelly E. Farnan regarding the Federal Circuit's decision - re #154 Letter. (Farnan, Kelly)
August 13, 2019 Filing 154 Letter to The Honorable Mitchell S. Goldberg from Jack B. Blumenfeld regarding decision in Hospira case. (Attachments: #1 Attachment)(Blumenfeld, Jack)
August 12, 2019 Opinion or Order Filing 153 FOURTH AMENDED SCHEDULING ORDER: The PRETRIAL CONFERENCE in the above-captioned matter is rescheduled to be held on Tuesday, October 15, 2019 at 10:00 a.m. The conference will be held via telephone. Counsel are to phone in at (877) 336-1828; access code 4305075. The parties shall file their jointproposed final pretrial order on or before October 8, 2019. The 5-day bench TRIAL in this case is rescheduled to take place on Monday, October 28, 2019 at 9:30 a.m. The Appendix attached hereto summarizes the dates provided in all scheduling orders issued by the court to date, including the date(s) set forth in this order. Signed by Judge Mitchell S. Goldberg on 8/12/2019. (amf)
August 8, 2019 Filing 152 REDACTED VERSION of #148 Declaration by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit)(Farnan, Kelly)
August 8, 2019 Filing 151 REDACTED VERSION of #147 Reply Brief by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
August 5, 2019 Opinion or Order Filing 150 SO ORDERED, re D.I. #149 Stipulation filed by Eli Lilly and Company. Signed by Judge Mitchell S. Goldberg on 8/5/2019. (amf)
July 31, 2019 Opinion or Order Filing 149 STIPULATION and Order by Eli Lilly and Company. (Blumenfeld, Jack)
July 26, 2019 Filing 148 [SEALED] DECLARATION re #147 Reply Brief (of Wanda D. French-Brown) by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A-B)(Farnan, Kelly)
July 26, 2019 Filing 147 [SEALED] REPLY BRIEF re #131 MOTION to Strike filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
July 25, 2019 Opinion or Order Filing 146 ORDER, A Status Conference is set for Monday, August 5, 2019 at 02:00 PM before Judge Mitchell S. Goldberg. The conference will be held via telephone. Counsel are to phone in at (877) 336-1828; access code 4305075. Signed by Judge Mitchell S. Goldberg on 7/24/2019. (lak)
July 23, 2019 Filing 145 REDACTED VERSION of #144 Answering Brief in Opposition, to Motion to Strike Portions of Eli Lilly and Company's Opening Expert Reports by Eli Lilly and Company. (Fahnestock, Derek)
July 12, 2019 Filing 144 [SEALED] ANSWERING BRIEF in Opposition re #131 MOTION to Strike Portions of Eli Lilly and Company's Opening Expert Reports filed by Eli Lilly and Company.Reply Brief due date per Local Rules is 7/19/2019. (Attachments: #1 Exhibits A-H)(Blumenfeld, Jack)
July 12, 2019 Opinion or Order Filing 143 ORDER granting #142 Motion to Appear Pro Hac Vice for Annie E. Showalter to represent Plaintiff Eli Lilly and Company. Signed by Judge Mitchell S. Goldberg on 7/12/2019. (lak)
July 10, 2019 Filing 142 MOTION for Pro Hac Vice Appearance of Attorney Annie E. Showalter - filed by Eli Lilly and Company. (Blumenfeld, Jack)
June 27, 2019 Filing 141 NOTICE OF SERVICE of (1) Reply Expert Report of Bruce A. Chabner, M.D.; and (2) Reply Expert Report of Rodolfo Pinal, PH.D. filed by Eli Lilly and Company.(Fahnestock, Derek)
June 27, 2019 Filing 140 NOTICE OF SERVICE of 1) Expert Report of Steven Schwartz; 2) Expert Report of Kurt R. Karst; and 3) Reply Expert Report of Richard Pestell, M.D. filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
June 24, 2019 Opinion or Order Filing 139 STIPULATION AND ORDER approving D.I. #136 - STIPULATION TO EXTEND TIME to File Answering Brief and Reply Brief regarding Defendant's Motion to Strike (DI 131) to July 12, 2019 and July 26, 2019. Signed by Judge Mitchell S. Goldberg on 6/24/2019. (nmg)
June 20, 2019 Filing 138 NOTICE of Appearance by Renee Marie Mosley on behalf of Eagle Pharmaceuticals, Inc. (Mosley, Renee)
June 19, 2019 Filing 137 NOTICE of Withdrawal of Sara M. Metzler as Counsel for Defendant by Eagle Pharmaceuticals, Inc. (Metzler, Sara)
June 12, 2019 Filing 136 STIPULATION TO EXTEND TIME to File Answering Brief and Reply Brief regarding Defendant's Motion to Strike (DI 131) to July 12, 2019 and July 26, 2019, respectively - filed by Eli Lilly and Company. (Fahnestock, Derek)
June 7, 2019 Opinion or Order Filing 135 STIPULATION AND ORDER - the deadline for the parties to exchange reply expert reports is extended from June 25, 2019, to June 27, 2019. (*Reply Expert Reports due by 6/27/2019) Signed by Judge Mitchell S. Goldberg on 6/7/2019. (amf)
June 6, 2019 Filing 134 [SEALED] DECLARATION re #133 Opening Brief in Support (Declaration of Wanda French-Brown in Support of Defendant's Motion to Strike) by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1-14)(Farnan, Kelly)
June 6, 2019 Filing 133 [SEALED] OPENING BRIEF in Support re #131 MOTION to Strike filed by Eagle Pharmaceuticals, Inc..Answering Brief/Response due date per Local Rules is 6/20/2019. (Farnan, Kelly)
June 6, 2019 Filing 132 [SEALED] EXHIBIT re #131 MOTION to Strike (Proposed Order for Defendant's Motion to Strike by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly)
June 6, 2019 Filing 131 MOTION to Strike - filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
June 5, 2019 Filing 130 STIPULATION TO EXTEND TIME for the parties to exchange reply expert reports to June 27, 2019 - filed by Eli Lilly and Company. (Blumenfeld, Jack)
May 24, 2019 Filing 129 NOTICE OF SERVICE of 1) Responsive Expert Report of Dr. Jeffrey D. Winkler, Ph.D., 2) Responsive Expert Report of Dr. Sriramakamal Jonnalagadda, and 3) Rebuttal Expert Report of Dr. Richard Pestell, M.D filed by Eagle Pharmaceuticals, Inc..(Metzler, Sara)
May 24, 2019 Filing 128 NOTICE OF SERVICE of (1) Responsive Expert Report of Bruce A. Chabner, M.D.; and (2) Expert Report of Daniel E. Troy filed by Eli Lilly and Company.(Blumenfeld, Jack)
May 22, 2019 Opinion or Order Filing 127 STIPULATION AND ORDER Approving TIME to Exchange Responsive Expert Reports to May 24, 2019. Signed by Judge Mitchell S. Goldberg on 5/21/2019. (nmg)
May 17, 2019 Filing 126 STIPULATION TO EXTEND TIME to Exchange Responsive Expert Reports to May 24, 2019 - filed by Eli Lilly and Company. (Fahnestock, Derek)
May 10, 2019 Filing 125 REDACTED VERSION of #122 Letter to The Honorable Mitchell S. Goldberg from Kelly E. Farnan by Eagle Pharmaceuticals, Inc.. (Metzler, Sara)
May 10, 2019 Filing 124 REDACTED VERSION of #119 Letter to The Honorable Mitchell S. Goldberg from Kelly E. Farnan by Eagle Pharmaceuticals, Inc.. (Metzler, Sara)
May 1, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Telephone Conference held on 5/1/2019. (nmg)
May 1, 2019 Opinion or Order Filing 123 ORDER, after oral argument on defendant Eagle Pharmaceutical's request to file a motion for summary judgment, and for the reasons stated on the record, it is hereby ORDERED that the request is DENIED and the issue of estoppel will beaddressed at trial. Signed by Judge Mitchell S. Goldberg on 5/1/2019. (nmg)
April 30, 2019 Filing 122 [SEALED] Letter to The Honorable Mitchell S. Goldberg from Kelly E. Farnan regarding response to Eli Lilly's April 25 letter - re #120 Letter. (Farnan, Kelly)
April 29, 2019 Opinion or Order Filing 121 ORDER: A telephone conference regarding the filing of motions for summary judgment shall take place on Wednesday, May 1, 2019 at 2:00 p.m. The conference will be held via telephone (*see Order for phone number and access code). Signed by Judge Mitchell S. Goldberg on 4/29/2019. (ceg)
April 25, 2019 Filing 120 Letter to The Honorable Mitchell S. Goldberg from Jack B. Blumenfeld regarding response to Eagle's April 22 letter - re #119 Letter. (Blumenfeld, Jack)
April 22, 2019 Filing 119 [SEALED] Letter to The Honorable Mitchell S. Goldberg from Kelly E. Farnan regarding seeking leave to file a motino for summary judgment. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly)
April 2, 2019 Filing 118 NOTICE OF SERVICE of (1) Expert Report of Dr. Jeffrey D. Winkler, Ph.D., and (2) Opening Expert Report of Dr. Richard Pestell, M.D. filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
April 1, 2019 Filing 117 NOTICE OF SERVICE of 1) Expert Report of Bruce A. Chabner, M.D. Regarding Infringement and 2) Expert Report of Rodolfo Pinal, PH.D. filed by Eli Lilly and Company.(Blumenfeld, Jack)
March 27, 2019 Filing 116 NOTICE OF SERVICE of (1) Defendants Supplemental Responses and Objections to Plaintiffs Interrogatories Nos. 1-16, 18, 20-22, and 24 and (2) Eagle Pharmaceuticals, Inc.s Supplemental Disclosures Pursuant to Default Standard for Discovery filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
March 27, 2019 Filing 115 NOTICE OF SERVICE of (1) Plaintiff Eli Lilly and Company's Supplemental Responses to Defendant's Interrogatories Nos. 1, 4, 5, 7-9, 11, 14-16, and Second Supplemental Response to Interrogatory No. 13; and (2) Plaintiff's Supplemental Disclosures Pursuant to Default Standard for Discovery filed by Eli Lilly and Company.(Blumenfeld, Jack)
March 25, 2019 Opinion or Order Filing 114 STIPULATION AND ORDER, the case deadlines set forth below are amended (See Order for Details). All other dates shall remain unchanged. Signed by Judge Mitchell S. Goldberg on 3/25/2019. (nmg)
March 22, 2019 Filing 113 STIPULATION TO EXTEND TIME of Certain Case Deadlines to various dates (see Stipulation) - filed by Eli Lilly and Company. (Fahnestock, Derek)
March 21, 2019 Opinion or Order Filing 112 ORDER: For the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED, the the disputed claim terms of the U.S. Patent No. 7,772,209 are construed as follows (*see Order) and IT IS HEREBY FURTHER ORDERED that the court adopts the following agreed-upon construction (*see Order). Signed by Judge Mitchell S. Goldberg on 3/21/2019. (ceg)
March 21, 2019 Filing 111 MEMORANDUM. Signed by Judge Mitchell S. Goldberg on 3/21/2019. (ceg)
March 20, 2019 Pro Hac Vice Attorney Joseph K. Yarsky for Eagle Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
March 18, 2019 Opinion or Order Filing 110 ORDER granting #107 Motion to Appear Pro Hac Vice of Attorney Joseph K. Yarsky. Signed by Judge Mitchell S. Goldberg on 3/18/2019. (ceg)
March 15, 2019 Opinion or Order Filing 109 SO ORDERED, #108 Stipulation to Extend Time of Certain Deadlines to Various Dates (*Set/Reset Scheduling Order Deadlines: Close of Fact Discovery completed by 3/19/2019, Supplementation Under Rule 26(e) due 3/22/2019, Opening Expert Reports due by 3/26/2019, Responsive Expert Reports due by 5/21/2019, Reply Expert Reports due by 6/25/2019, Close of Expert Discovery due by 7/24/2019). Signed by Judge Mitchell S. Goldberg on 3/15/2019. (ceg)
March 14, 2019 Filing 108 STIPULATION TO EXTEND TIME of Certain Deadlines to Various Dates - filed by Eagle Pharmaceuticals, Inc.. (Metzler, Sara)
March 12, 2019 Filing 107 MOTION for Pro Hac Vice Appearance of Attorney Joseph K. Yarsky of McGuire Woods LLP - filed by Eagle Pharmaceuticals, Inc.. (Metzler, Sara)
March 4, 2019 Opinion or Order Filing 106 STIPULATION AND ORDER approving D.I. #105 STIPULATION TO EXTEND TIME for close of fact discovery, supplementation under Rule 26(e), and opening expert reports to March 15, 2019, March 20, 2019, and March 22, 2019. Signed by Judge Mitchell S. Goldberg on 3/4/2019. (nmg)
February 28, 2019 Filing 105 STIPULATION TO EXTEND TIME for close of fact discovery, supplementation under Rule 26(e), and opening expert reports to March 15, 2019, March 20, 2019, and March 22, 2019 - filed by Eagle Pharmaceuticals, Inc.. (Metzler, Sara)
February 28, 2019 Filing 104 NOTICE to Take Deposition of Charles Wescott, Ph.D. on March 7, 2019 filed by Eli Lilly and Company.(Blumenfeld, Jack)
February 28, 2019 Filing 103 NOTICE to Take Deposition of Adrian Hepner on March 14, 2019 filed by Eli Lilly and Company.(Blumenfeld, Jack)
February 15, 2019 Filing 102 NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiff's Second Set of Interrogatories Nos. 18-24 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
February 13, 2019 Filing 101 NOTICE to Take Deposition of Allen Melemed on February 27, 2019 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
February 11, 2019 Filing 100 NOTICE to Take Deposition of Steven Krill on February 28, 2019 filed by Eli Lilly and Company.(Blumenfeld, Jack)
February 11, 2019 Filing 99 NOTICE to Take Deposition of Feng-Jing Chen on February 15, 2019 filed by Eli Lilly and Company.(Blumenfeld, Jack)
February 7, 2019 Filing 98 NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiff's Notice of Rule 30(b)(6) Deposition of Eagle Pharmaceuticals, Inc. filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
February 4, 2019 Opinion or Order Filing 97 SO ORDERED, D.I. #96 Stipulation to Extend Time for Certain Deadlines (*Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 3/7/2019, Supplementation under Rule 26(e) due by 3/12/2019, and Opening Expert Reports due by 3/15/2019). Signed by Judge Mitchell S. Goldberg on 2/4/2019. (ceg)
February 4, 2019 Pro Hac Vice Attorney Michael Xun Liu for Eli Lilly and Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
February 1, 2019 Filing 96 STIPULATION TO EXTEND TIME for Certain Deadlines to dates outlined in stipulation - filed by Eli Lilly and Company. (Fahnestock, Derek)
January 30, 2019 Opinion or Order Filing 95 ORDER granting D.I. #92 MOTION for Pro Hac Vice Appearance of Attorney Michael Xun Liu. Signed by Judge Mitchell S. Goldberg on 1/30/2019. (nmg)
January 29, 2019 Filing 94 NOTICE to Take Deposition of Mark Smith on February 7, 2019 filed by Eli Lilly and Company.(Blumenfeld, Jack)
January 29, 2019 Filing 93 NOTICE to Take Deposition of Adrian Hepner on February 8, 2019 filed by Eli Lilly and Company.(Blumenfeld, Jack)
January 29, 2019 Filing 92 MOTION for Pro Hac Vice Appearance of Attorney Michael Xun Liu - filed by Eli Lilly and Company. (Fahnestock, Derek)
January 29, 2019 Filing 91 Official Transcript of Claim Construction Hearing held on 1/23/2019 before Judge Mitchell S. Goldberg. Court Reporter Stephen Sonnie, Transcription Service Burke Court Reporting, LLC, (973) 692-0660. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/19/2019. Redacted Transcript Deadline set for 3/1/2019. Release of Transcript Restriction set for 4/29/2019. (ceg)
January 25, 2019 Filing 90 [SEALED] NOTICE to Take Deposition of Eagle Pharmaceuticals, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) on February 7, 2019 filed by Eli Lilly and Company.(Blumenfeld, Jack)
January 25, 2019 Filing 89 NOTICE OF SERVICE of Supplemental Response to Defendant's Interrogatory No. 12 filed by Eli Lilly and Company.(Blumenfeld, Jack)
January 23, 2019 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Claim Construction Hearing held on 1/23/2019. Order to follow. (ceg)
January 9, 2019 Filing 88 NOTICE of Change of Address by Kelly E. Farnan (Farnan, Kelly)
January 2, 2019 Filing 87 NOTICE OF SERVICE of Second Set of Interrogatories filed by Eli Lilly and Company.(Blumenfeld, Jack)
December 28, 2018 Filing 86 DECLARATION re #85 Claim Construction Answering Brief -- Declaration of Bruce A. Chabner -- by Eli Lilly and Company. (Attachments: #1 Exhibits 1-2)(Blumenfeld, Jack)
December 28, 2018 Filing 85 CLAIM CONSTRUCTION ANSWERING BRIEF re #60 Claim Construction Opening Brief filed by Eli Lilly and Company. (Attachments: #1 Exhibits 1-2)(Blumenfeld, Jack)
December 28, 2018 Filing 84 Supplemental DECLARATION re #81 Claim Construction Reply Brief of Wanda French-Brown by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Farnan, Kelly)
December 28, 2018 Filing 83 Supplemental DECLARATION re #81 Claim Construction Reply Brief of Jeffrey D. Winkler, Ph.D. by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
December 28, 2018 Filing 82 Supplemental DECLARATION of Roman Perez-Soler, M.D. by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
December 28, 2018 Filing 81 CLAIM CONSTRUCTION REPLY BRIEF filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
December 18, 2018 Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Status Teleconference held on 12/18/2018. (ceg)
December 14, 2018 Opinion or Order Filing 80 Third Amended SCHEDULING ORDER: Appendix A to the Second Amended Scheduling Order (D.I. #68 ) is hereby amended to account for the stipulations to extendtime previously entered by the court. Signed by Judge Mitchell S. Goldberg on 12/13/2018. (nmg)
December 13, 2018 Opinion or Order Filing 79 ORDER granting #78 Motion to Appear Pro Hac Vice of Attorney Benjamin M. Greenblum. Signed by Judge Mitchell S. Goldberg on 12/13/2018. (ceg)
December 13, 2018 Filing 78 MOTION for Pro Hac Vice Appearance of Attorney Benjamin M. Greenblum - filed by Eli Lilly and Company. (Fahnestock, Derek)
December 11, 2018 Opinion or Order Filing 77 MEMORANDUM ORDER: Eagle's request for relief (D.I. #59 ) is DENIED without prejudice to renewing the request after counsel for the parties, including Delaware counsel, have met and conferred regarding the issues raised in the letter. Signed by Judge Mitchell S. Goldberg on 12/11/2018. (ceg)
December 7, 2018 Filing 76 NOTICE to Take Deposition of Plaintiff Eli Lilly and Company Pursuant to Fed. R. Civ. P. 30(b)(6) on January 28, 2019 filed by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Schedules A-B)(Metzler, Sara)
December 7, 2018 Filing 75 NOTICE to Take Deposition of Manisha Desai on January 18, 2019 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
December 7, 2018 Filing 74 NOTICE to Take Deposition of Brian Stuglik on January 11, 2019 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
December 7, 2018 Filing 73 NOTICE to Take Deposition of Elizabeth McGraw on January 25, 2019 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
December 7, 2018 Filing 72 NOTICE to Take Deposition of Dr. Ivan Burnside on January 29, 2019 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
December 7, 2018 Filing 71 NOTICE to Take Deposition of Dr. Clet Niyikiza on January 31, 2019 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
December 7, 2018 Filing 70 NOTICE to Take Deposition of Guy Ruble on January 15, 2019 filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
December 7, 2018 Filing 69 Joint STATUS REPORT by Eli Lilly and Company. (Blumenfeld, Jack)
December 7, 2018 Opinion or Order Filing 68 SECOND AMENDED SCHEDULING ORDER: 1. The Claim Construction Hearing on January 23, 2019 will be held in Courtroom 4B in the United States Courthouse, at 601 Market Street, Philadelphia, Pennsylvania; 2. The Amended Scheduling Order of July 9, 2018 is hereby amended such that Fact Discovery shall be completed by February 1, 2019 and Expert Discovery shall be completed by July 17, 2019; and 3. The Appendix attached hereto summarizes the dates provided in all scheduling orders issued by the court to date, including the date(s) set forth in this order. Signed by Judge Mitchell S. Goldberg on 12/7/2018. (ceg)
December 4, 2018 Filing 67 Letter to The Honorable Mitchell S. Goldberg from Jack B. Blumenfeld regarding discovery dispute - re #59 Letter. (Blumenfeld, Jack)
December 4, 2018 Filing 66 REDACTED VERSION of #59 Letter by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
November 28, 2018 Filing 65 DECLARATION re #63 Claim Construction Opening Brief -- Declaration of Bruce A. Chabner, M.D. -- by Eli Lilly and Company. (Attachments: #1 Exhibits A-I)(Blumenfeld, Jack)
November 28, 2018 Filing 64 DECLARATION re #60 Claim Construction Opening Brief of Jeffrey D. Winkler, Ph.D. by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A-C)(Farnan, Kelly)
November 28, 2018 Filing 63 CLAIM CONSTRUCTION OPENING BRIEF filed by Eli Lilly and Company. (Attachments: #1 Exhibits 1-2)(Blumenfeld, Jack)
November 28, 2018 Filing 62 DECLARATION re #60 Claim Construction Opening Brief of Roman Perez-Soler, M.D. by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(Farnan, Kelly)
November 28, 2018 Filing 61 DECLARATION re #60 Claim Construction Opening Brief of Wanda French-Brown by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A-B)(Farnan, Kelly)
November 28, 2018 Filing 60 CLAIM CONSTRUCTION OPENING BRIEF filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
November 27, 2018 Filing 59 [SEALED] Letter to Honorable Mitchell S. Goldberg from Kelly E. Farnan regarding Discovery Dispute. (Farnan, Kelly)
November 16, 2018 Opinion or Order Filing 58 SO ORDERED, #56 Stipulation to Extend Time re: Submission of Opening Briefs re: Claim Construction Issues through and including November 28, 2018 (*Claim Construction Opening Brief due by 11/28/2018). Signed by Judge Mitchell S. Goldberg on 11/16/2018. (ceg)
November 15, 2018 Filing 57 NOTICE OF SERVICE of Supplemental Responses to Defendant's Interrogatories Nos. 2 and 13 filed by Eli Lilly and Company.(Blumenfeld, Jack)
November 15, 2018 Filing 56 STIPULATION TO EXTEND TIME re: Submission of Opening Briefs re: Claim Construction Issues to through and including November 28, 2018 - filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
November 13, 2018 Opinion or Order Filing 55 STIPULATION AND ORDER, it is hereby ORDERED that the dates for submission of briefs on claim construction issues are extended as follows: Opening Briefs November 21, 2018 and Answering Briefs December 28, 2018. The January 23, 2019 claim construction hearing date shall remain unchanged. Signed by Judge Mitchell S. Goldberg on 11/9/2018. (nmg)
November 9, 2018 Filing 54 STIPULATION TO EXTEND TIME for submission of briefs on claim construction issues to dates outlined in stipulation - filed by Eli Lilly and Company. (Blumenfeld, Jack)
November 2, 2018 Filing 53 CLAIM Construction Chart by Eli Lilly and Company. (Attachments: #1 Exhibits 2-23)(Blumenfeld, Jack)
October 29, 2018 Opinion or Order Filing 52 SO ORDERED, #49 Stipulation to Extend Time for the parties to submit a joint claim construction chart to November 2, 2018. Signed by Judge Mitchell S. Goldberg on 10/29/2018. (ceg)
October 26, 2018 Opinion or Order Filing 51 ORDER, Consistent with the memorandum issued this same date, IT IS HEREBY ORDERED that Defendant's Motion for Judgment on the Pleadings #28 is DENIED. Signed by Judge Mitchell S. Goldberg on 10/25/2018. (ceg)
October 26, 2018 Filing 50 MEMORANDUM OPINION. Signed by Judge Mitchell S. Goldberg on 10/25/2018. (ceg)
October 25, 2018 Filing 49 STIPULATION TO EXTEND TIME for the parties to submit a joint claim construction chart to November 2, 2018 - filed by Eli Lilly and Company. (Blumenfeld, Jack)
October 12, 2018 Filing 48 NOTICE OF SERVICE of Objections and Responses to Defendant's Second Set of Interrogatories (No. 16) filed by Eli Lilly and Company.(Blumenfeld, Jack)
October 5, 2018 Filing 47 NOTICE OF SERVICE of Plaintiff's Claim Terms and Proposed Constructions filed by Eli Lilly and Company.(Blumenfeld, Jack)
October 5, 2018 Filing 46 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.s Proposed Terms/Phrases for Claim Construction and Constructions filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
September 12, 2018 Filing 45 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.'s Second Set of Interrogatory (No. 16) filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
September 5, 2018 Filing 44 NOTICE OF SERVICE of Plaintiff Eli Lilly and Company's Objections and Responses to Defendant's First Set of Interrogatories (Nos. 115) filed by Eli Lilly and Company.(Blumenfeld, Jack)
August 15, 2018 Filing 43 Letter to Counsel from Judge Goldberg regarding Delaware Case Assignments. (gvw)
August 2, 2018 Filing 42 REDACTED VERSION of #40 Reply Brief by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A through C)(Farnan, Kelly)
August 2, 2018 Filing 41 REQUEST for Oral Argument by Eagle Pharmaceuticals, Inc. re #28 MOTION for Judgment on the Pleadings . (Farnan, Kelly)
July 30, 2018 Filing 40 [SEALED] REPLY BRIEF re #28 MOTION for Judgment on the Pleadings filed by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A-C)(Farnan, Kelly)
July 23, 2018 Filing 39 NOTICE requesting Clerk to remove Alec T. Swafford as co-counsel. Reason for request: No longer with firm. (Noreika, Maryellen)
July 18, 2018 Filing 38 REDACTED VERSION of #35 Answering Brief in Opposition by Eli Lilly and Company. (Attachments: #1 Exhibit 1 - 4)(Noreika, Maryellen)
July 17, 2018 Filing 37 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.s First Set of Interrogatories filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
July 16, 2018 Filing 36 NOTICE OF SERVICE of 1) Eagle Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff Eli Lilly and Company's First Set of Requests for the Production of Documents (Nos. 1-37) and 2) Defendant's Responses and Objections to Plaintiff's First Set of Interrogatories filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
July 12, 2018 Filing 35 [SEALED] ANSWERING BRIEF in Opposition re #28 MOTION for Judgment on the Pleadings filed by Eli Lilly and Company.Reply Brief due date per Local Rules is 7/19/2018. (Attachments: #1 Exhibit 1 - 4)(Noreika, Maryellen)
July 9, 2018 Opinion or Order Filing 34 AMENDED SCHEDULING ORDER: ( Fact Discovery completed by 3/7/2019., Expert Discovery due by 10/17/2019., Tutorial on the technology due by 12/20/2018., Claim Construction Opening Brief due by 11/21/2018., Claim Construction Answering Brief due by 12/20/2018., A Markman Hearing is set for 1/23/2019 at 10:00 AM before Judge Mitchell S. Goldberg.), Order Setting Telephonic Rule 16(a), (b), and (c) Conference:( A Telephonic Rule 16 Conference is set for 12/18/2018 at 11:00 AM before Judge Mitchell S. Goldberg. Counsel for Plaintiff shall initiate the conference call and will contact the Court when all counsel are on the line.) Signed by Judge Mitchell S. Goldberg on 7/9/2018. (nmf)
July 6, 2018 Filing 33 STIPULATION TO EXTEND TIME for the parties to exchange claim terms and proposed constructions to and including October 5, 2018 - filed by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
June 14, 2018 Filing 32 NOTICE OF SERVICE of (1) First Set of Interrogatories; and (2) First Requests for the Production of Documents filed by Eli Lilly and Company.(Blumenfeld, Jack)
June 11, 2018 Case Reassigned to Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MSG) after the case number on all documents filed. (rjb)
June 7, 2018 Filing 31 REDACTED VERSION of #29 MEMORANDUM in Support by Eagle Pharmaceuticals, Inc.. (Farnan, Kelly)
June 6, 2018 Filing 30 STIPULATION TO EXTEND TIME for Plaintiff to file its answering brief in opposition to Defendant's Motion for Judgment on the Pleadings and for Defendant to file its reply brief in further support of its Motion for Judgment on the Pleadings to July 12, 2018 and July 30, 2018, respectively - filed by Eli Lilly and Company. (Blumenfeld, Jack)
June 6, 2018 Opinion or Order SO ORDERED re #30 STIPULATION TO EXTEND TIME for Plaintiff to file its answering brief in opposition to Defendant's Motion for Judgment on the Pleadings is extended to July 12, 2018 and for Defendant to file its reply brief in further support of its Motion for Judgment on the Pleadings is extended to July 30, 2018. Signed by Judge Mary Pat Thynge on 6/6/18. (cak)
May 31, 2018 Filing 29 [SEALED] SEALED MEMORANDUM in Support re #28 MOTION for Judgment on the Pleadings filed by Eagle Pharmaceuticals, Inc..Answering Brief/Response due date per Local Rules is 6/14/2018. (Farnan, Kelly)
May 31, 2018 Filing 28 MOTION for Judgment on the Pleadings - filed by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)Motions referred to Mary Pat Thynge.(Farnan, Kelly)
April 19, 2018 Filing 27 NOTICE of Appearance by Sara M. Metzler on behalf of Eagle Pharmaceuticals, Inc. (Metzler, Sara)
March 28, 2018 Filing 26 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.s Disclosures Pursuant to Default Standard for Discovery filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
March 22, 2018 Filing 25 NOTICE OF SERVICE of Responses and Objections to Defendant Eagle Pharmaceuticas, Inc.'s First Set of Requests for Production of Documents (Nos. 1-58) filed by Eli Lilly and Company.(Noreika, Maryellen)
February 26, 2018 Filing 24 NOTICE OF SERVICE of Plaintiff's Disclosures Pursuant to Default Standard for Discovery (4(c)) filed by Eli Lilly and Company.(Noreika, Maryellen)
February 20, 2018 Filing 23 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.s First Set of Requests for Production of Documents (Nos. 1 to 58) filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
February 9, 2018 Opinion or Order Filing 22 SO ORDERED re #21 Stipulated Protective Order. Signed by Judge Mary Pat Thynge on 2/9/18. (cak)
February 9, 2018 Filing 21 PROPOSED ORDER -- Stipulated Protective Order -- by Eli Lilly and Company. (Noreika, Maryellen)
January 22, 2018 Filing 20 NOTICE OF SERVICE of Plaintiff Eli Lilly and Company's Rule 26(a)(1) Disclosures filed by Eli Lilly and Company.(Blumenfeld, Jack)
January 22, 2018 Filing 19 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.s Initial Disclosures filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
January 17, 2018 Filing 18 NOTICE OF SERVICE of Eagle Pharmaceuticals, Inc.s Disclosures Pursuant to Default Standard for Discovery filed by Eagle Pharmaceuticals, Inc..(Farnan, Kelly)
January 10, 2018 Filing 17 NOTICE OF SERVICE of Plaintiffs' Disclosures Pursuant to Default Standard for Discovery filed by Eli Lilly and Company.(Noreika, Maryellen)
January 10, 2018 Opinion or Order Filing 16 SCHEDULING ORDER: Joinder of Parties due by 2/16/2018. Fact Discovery completed by 12/7/2018. Opening Expert Reports due by 3/1/2019. Rebuttal Expert Reports due by 5/14/2019. Expert Discovery due by 7/17/2019. A Status Conference is set for 9/14/2018 at 10:00 AM Eastern Time before Judge Mary Pat Thynge Status Report due by 9/7/2018. Tutorial on the technology due by 9/21/2018. Claim Construction Opening Brief due by 8/24/2018. Claim Construction Answering Brief due by 9/21/2018. A Markman Hearing is set for 10/12/2018 at 11:00 AM in Courtroom 2B before Judge Mary Pat Thynge. Proposed Pretrial Order due by 8/12/2019. A Final Pretrial Conference is set for 8/19/2019 at 09:30 AM before Judge Mary Pat Thynge. A Bench Trial is set for 9/9/2019 at 09:00 AM before Vacant Judgeship (2017). Signed by Judge Mary Pat Thynge on 1/10/18. (cak) Modified on 1/10/2018 (cak). (Main Document 16 replaced on 1/10/2018) (cak).
January 10, 2018 CORRECTING ENTRY: The Scheduling Order at DI 16 was replaced with a corrected copy. The date was changed to reflect 2018 and the Claim Construction Hearing scheduled for 10/12/18 will be at 11:00 AM instead of 9:30 AM. (cak)
December 13, 2017 Filing 15 PROPOSED ORDER -- Scheduling Order -- by Eli Lilly and Company. (Attachments: #1 Letter to The Honorable Mary Pat Thynge from M. Noreika enclosing order)(Noreika, Maryellen)
December 11, 2017 Minute Entry for proceedings held before Judge Mary Pat Thynge - Telephone Conference re: Rule 16 Scheduling held on 12/11/2017; ATTENDEES: PLTFF - M. Norieka, Esq.; G. Fomenkova, Esq.; DEFT. - B. Hsing, Esq.; W. French-Brown, Esq.; K. Farnan, Esq.; CLERK - Kincaid. (Court Reporter Stacy Ingrahm - ( Hawkins Reporting ).) (kjk) Modified on 12/11/2017 (kjk).
December 6, 2017 Filing 14 PROPOSED ORDER Scheduling Order by Eli Lilly and Company. (Attachments: #1 Cover Letter)(Noreika, Maryellen)
October 31, 2017 Filing 13 REDACTED VERSION of #12 Answer to Counterclaim by Eli Lilly and Company. (Noreika, Maryellen)
October 25, 2017 Pro Hac Vice Attorney Irene E. Hudson for Eagle Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
October 24, 2017 Filing 12 [SEALED] ANSWER to #7 Answer to Complaint,, Counterclaim, by Eli Lilly and Company.(Noreika, Maryellen)
October 24, 2017 Opinion or Order Filing 11 Order Setting Telephonic Scheduling Conference: A Rule 16 Scheduling teleconference is set for 12/11/2017 at 9:30 AM Eastern Time before Judge Mary Pat Thynge. Plaintiff's counsel shall initiate the teleconference call. Signed by Judge Mary Pat Thynge on 10/24/17. (cak)
October 24, 2017 Pro Hac Vice Attorney Andrew P. Lemens for Eli Lilly and Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
October 24, 2017 Pro Hac Vice Attorney Wanda D. French-Brown,Benjamin C. Hsing for Eagle Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
October 19, 2017 Opinion or Order ORAL ORDER granting #10 Motion to Appear Pro Hac Vice of Andrew P. Lemens, Esquire of Williams & Connolly to represent plaintiff Eli Lilly and Company in this matter. Signed by Judge Mary Pat Thynge on 10/19/17. (cak)
October 18, 2017 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Andrew P. Lemens - filed by Eli Lilly and Company. Motions referred to Mary Pat Thynge.(Noreika, Maryellen)
October 18, 2017 Pro Hac Vice Attorney Alec T. Swafford for Eli Lilly and Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
October 18, 2017 Pro Hac Vice Attorney Dov P. Grossman,Galina I. Fomenkova,David M. Krinsky,Adam L. Perlman for Eli Lilly and Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
October 11, 2017 Filing 9 REDACTED VERSION of #7 Answer to Complaint,, Counterclaim, by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 through 15, #2 Exhibit 16 through 30)(Farnan, Kelly)
October 11, 2017 Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Benjamin Hsing, Irene Hudson and Wanda French-Brown - filed by Eagle Pharmaceuticals, Inc.. Motions referred to Mary Pat Thynge.(Farnan, Kelly)
October 11, 2017 Opinion or Order SO ORDERED granting #8 Motion to Appear Pro Hac Vice of Attorney Benjamin Hsing, Irene Hudson and Wanda French-Brown to represent Defendant Eagle Pharmaceuticals. Signed by Judge Mary Pat Thynge on 10/11/17. (cak)
October 3, 2017 Filing 7 [SEALED] SEALED ANSWER to #1 Complaint DEFENDANT EAGLE PHARMACEUTICALS, INC.S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO COMPLAINT, COUNTERCLAIM against Eli Lilly and Company by Eagle Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 through 15, #2 Exhibit 16 through 30)(Farnan, Kelly)
September 25, 2017 Opinion or Order SO ORDERED granting #6 Motion to Appear Pro Hac Vice of Attorney Bruce R. Genderson, Adam L. Perlman, Dov P. Grossman, David M. Krinsky, Galina I. Fomenkova, and Alec T. Stafford - filed by Eli Lilly and Company. Signed by Judge Mary Pat Thynge on 9/25/17. (cak)
September 22, 2017 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Bruce R. Genderson, Adam L. Perlman, Dov P. Grossman, David M. Krinsky, Galina I. Fomenkova, and Alec T. Stafford - filed by Eli Lilly and Company. Motions referred to Mary Pat Thynge.(Blumenfeld, Jack)
September 13, 2017 Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)
September 13, 2017 CASE REFERRED to Magistrate Judge Mary Pat Thynge. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb)
September 13, 2017 ***NOTE: If the parties jointly consent to Chief Magistrate Judge Thynges jurisdiction to conduct all proceedings in this case, then the Pretrial Conference and Trial will be presided over by Judge Thynge consistent with 28 U.S.C. 636. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued May 26, 2017 and available on the District Court's website), upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge. (cak)
September 12, 2017 Filing 5 SUMMONS Returned Executed by Eli Lilly and Company. Eagle Pharmaceuticals, Inc. served on 9/12/2017, answer due 10/3/2017. (Blumenfeld, Jack)
September 12, 2017 Summons Issued with Magistrate Consent Notice attached as to Eagle Pharmaceuticals, Inc. on 9/12/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (fms)
September 11, 2017 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Eli Lilly and Company. (fms)
September 11, 2017 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,772,209 B2. (fms)
September 11, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (fms)
September 11, 2017 Filing 1 COMPLAINT filed against Eagle Pharmaceuticals, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2221411.) - filed by Eli Lilly and Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(fms)

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Search for this case: Eli Lilly and Company v. Eagle Pharmaceuticals, Inc.
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Plaintiff: Eli Lilly and Company
Represented By: Maryellen Noreika
Represented By: Jack B. Blumenfeld
Represented By: Adam L. Perlman
Represented By: Alec T. Swafford
Represented By: Andrew P. Lemens
Represented By: Michael Xun Liu
Represented By: David M. Krinsky
Represented By: Derek James Fahnestock
Represented By: Dov P. Grossman
Represented By: Galina I. Fomenkova
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Defendant: Eagle Pharmaceuticals, Inc.
Represented By: Benjamin C. Hsing
Represented By: Sara M. Metzler
Represented By: Wanda D. French-Brown
Represented By: Irene E. Hudson
Represented By: Joseph K. Yarsky
Represented By: Kelly E. Farnan
Represented By: Renee Marie Mosley
Represented By: Renee Mosley Delcollo
Represented By: Jeanna M. Wacker
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