Allergan Inc, et al v. Alcon Laboratories, et al
Allergan Inc and Allergan Sales Inc |
Alcon Laboratories Inc, Alcon Research Ltd, Alcon Universal Ltd and Bausch & Lomb Incorporated |
8:2002cv00040 |
January 9, 2002 |
US District Court for the Central District of California |
David O Carter |
Arthur Nakazato |
Patent |
35 U.S.C. § 183 Patent Infringement |
Both |
Docket Report
This docket was last retrieved on June 27, 2003. A more recent docket listing may be available from PACER.
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Filing 98 ORDER DENYING ALCON'S Ex Parte Applicaiton for Injunctive Relief by Judge David O. Carter: Court DENIES Alcon Laboratories Inc, Alcon Research Ltd and Alcon Universal Ltd's ex parte application for order to show cause RE: Issuance of Injunction [84-1] (see document for details) (ln) |
Filing 97 MINUTES (in chambers): case should have been closed on entry dated 06/04/02, minute order Granting Motion for Summary Judgment; terminating case (MD JS-6) by Judge David O. Carter CR: none present (see document for details) (ln) |
Filing 99 MINUTES: Tentative ruling issued to counsel, copy attached; matter is called; counsel state their appearances; argument by counsel; matter taken under submission; by Judge David O. Carter CR: Jane Sutton (ln) |
Filing 95 CERTIFIED COPY of judgment from USCA affirming the decision of the District Court [75-1] (cc: all counsel) (see document for details) (ln) |
Filing 94 MINUTES (in chambers): COURT ORDERS that mandate of Ninth CCA: Affirming, it hereby filed and spread upon minutes of this USDC; by Judge David O. Carter CR: none present (see document for details) (ln) |
Filing 93 SECOND DECLARATION of M. Veronica Mullally by Alcon Lab, Alcon Research Ltd and Alcon Inc ex parte application for order to show cause RE: Issuance of Injunction [84-1] (twdb) |
Filing 92 RESPONSE by defendants Allergan Inc, Allergan Sales Inc to order to show cause RE: Issuance of Injunction [84-1] (twdb) |
Filing 91 OPPOSITION filed by defendant, counter-claimant Bausch & Lomb Inc to ex parte application for order to show cause RE: Issuance of Injunction [84-1] (ln) |
Filing 90 MEMORANDUM filed by USA in opposition to Alcon's ex parte application for order to show cause RE: Issuance of Injunction [84-1] (ln) |
Filing 96 RECORD on appeal returned from U.S. Court of Appeals vols: 1 thru 4 transcripts: 2, 5 brown folders numbers 34, 41, 60 & 67 parts I & II of II. (weap) |
Filing 89 OPPOSITION filed by defendant, counter-claimant Bausch & Lomb Inc to Alcon's ex parte application for order to show cause RE: Issuance of Injunction [84-1] (ln) |
Filing 85 STATEMENT OF INTEREST by USA in support of ex parte application for order to show cause RE: Issuance of Injunction [84-1] (twdb) |
Filing 83 ORDER by Judge David O. Carter re issuance of injunction: Order to show cause hearing set for 8:30am on 6/26/03 (see document for specifics) (mt) |
Filing 88 DECLARATION of M Veronica Mullally by defendant, counter-claimant Alcon Lab, Alcon Research Ltd, Alcon Universal Ltd in Support of Alcon's ex parte application for order to show cause RE: Issuance of Injunction [84-1] (ln) |
Filing 87 MEMORANDUM OF POINTS and Authorities by defendant, counter-claimant Alcon Lab, Alcon Research Ltd, Alcon Universal Ltd in support of ex parte application order to show cause RE: Issuance of Injunction [84-1] (ln) |
Filing 86 DECLARATION of Brian D Coggio by defendant counter-claimant Alcon Lab, Alcon Research Ltd, Alcon Universal Ltd in Support of Alcon's ex parte application for order to show cause RE: Issuance of Injunction [84-1] (ln) |
Filing 84 EX PARTE APPLICATION filed defendants by Alcon Lab, Alcon Research Ltd, Alcon Universal Ltd for order to show cause RE: Issuance of Injunction . Lodged Proposed order (twdb) |
REMARK - Lodged CC Federal Circuit JGM, Judgment of District Court is affirmed. (02-1449) (cbr) |
Filing 82 ORDER FROM USCA, Federal Circuit Court; opinion announcing judgment of court filed today. Mandate will issue in due course. (02-1449) (fvap) |
PLACED IN FILE - NOT USED order granting defendants' motion to dismiss or in the alternative, stay this case (twdb) |
Filing 81 RECEIPT FOR REPORTER'S TRANSCRIPT of proceedings for the following date(s): 5/13/02 (Re: [75-1] ) CR: D Gale (mt) |
TRANSCRIPT filed for proceedings held on 5/13/02 (mt) |
Filing 80 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/29/02 re [75-1]; CR: D. Gale (mg) |
TRANSCRIPT filed for proceedings held on 4/29/02 (mg) |
Filing 79 CLERK'S record on appeal transmitted to Circuit [75-1] vols: 4; transcripts: 2; 5 voluminous folders (DOC #s 34, 41, 60 & 67 Parts I & II of II). (02 - 1449) (wdc) |
Filing 78 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [75-1] 02-1449. (cbr) |
Filing 77 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 5/13/02 (Re: [75-1]) CR: Mark Schweitzer (weap) |
TRANSCRIPT filed for proceedings held on 5/13/02 (weap) |
Filing 76 TRANSCRIPT PURCHASE ORDER and ordering form for dates: 4/29/02, 5/13/02 CR: Debbie Gale & Schweitzer (weap) |
Filing 75 NOTICE OF APPEAL by plaintiff Allergan Inc, plaintiff Allergan Sales Inc to Federal Circuit from Dist. Court Amd Ord fld 6/11/02 & ent 6/12/02 [74-1] (cc: Todd G. Miller; Jonathan E. Singer; Fish & Richardson; Rutan & Tucker; Fitzpatrick, Cella, Harper & Scinto; Orrick, Herrington & Sutcliffe, L.A.; Orrick, Herrington & Sutcliffe, NY) Fee: Paid (weap) |
Filing 74 AMENDED ORDER by Judge David O. Carter granting request for Rule 54(B) certification and entering judgment (see doc for specifics) (ENT 6/12/02) (mt) |
Filing 73 ORDER by Judge David O. Carter granting request for Rule 54(B) certification and entering judgment : (see doc for specifics) Alcon's remaining claims against Allergan are hereby dism w/out prej; Bausch & Lomb's remaining claims against Allergan are hereby dism w/out prej; It is further ord all other matters in this case are STAYED pending the appeal on this jgm (ENT 6/6/02) (mt) |
PLACED IN FILE - NOT USED lodged prop ord for S/J of non-infringement (mt) |
PLACED IN FILE - NOT USED lodged stmt of U/F & conclusions of law in suppt of its mot for S/J (mt) |
Filing 72 MINUTES (In Chambers) by Judge David O. Carter granting dft Bausch & Lomb Inc's motion for summary judgment [57-1] Ptys shall lodge w/crt stip to dism remaining cntclms & a separate form of jgm in this case NLT 6/20/02. CR: Not Present (mt) |
Filing 71 SECOND DECLARATION of Sandra P Thompson by defendant Bausch & Lomb Inc in suppt of dft's motion for summary judgment [57-1] (mt) |
Filing 70 DECLARATION of Denis A Polyn by defendant Bausch & Lomb Inc in suppt of dft's motion for summary judgment [57-1] (mt) |
Filing 69 DECLARATION of Frederick R Edmunds by defendant Bausch & Lomb Inc in suppt of dft's motion for summary judgment [57-1] (mt) |
Filing 68 REPLY MEMO by defendant Bausch & Lomb Inc in suppt of its motion for summary judgment [57-1] (mt) |
Filing 67 DECLARATION of Dina Grinshpun by plaintiff Allergan Inc, plaintiff Allergan Sales Inc in suppt of Allergan's opp to Bausch & Lomb's motion for summary judgment [57-1] (rmi) |
Filing 66 DECLARATION of Jonthan E. Singer by plaintiff Allergan Inc, plaintiff Allergan Sales Inc iin suppt of Allergan's opp to Bausch & Lomb's motion for summary judgment [57-1] (rmi) |
Filing 65 STATEMENT of genuine issues by plaintiff Allergan Inc, plaintiff Allergan Sales Inc of material fact & obj to Bausch & Lomb's stmt of U/F & concl of law (rmi) |
Filing 64 MEMO OF PA IN OPPOSITION by plaintiff Allergan Inc, plaintiff Allergan Sales Inc to Bausch & Lomb's motion for summary judgment [57-1] (rmi) |
Filing 63 DECLARATION of Dr. Scott Whitcup by plaintiff Allergan Inc, plaintiff Allergan Sales Inc (rmi) |
Filing 62 MINUTES scheduling conference by Judge David O. Carter: Discussion between crt & cnsl re progression of case due to granting of dft Alcon's mot for S/J. Sched conf is not held & taken off cal. Hearing on mot by dft Bausch & Lomb for S/J presently set 6/10/02 at 8:30am remains. CR: Debbie Gale & Mark Schweitzer (mt) |
Filing 61 NOTICE OF change of date for hearing on Bausch & Lomb Inc motion for summary judgment [57-1] filed by defendant Bausch & Lomb Inc (mt) |
PLACED IN FILE - NOT USED stmt of U/F & conclusions of law (mt) |
PLACED IN FILE - NOT USED lodged proposed ord re dfts' ntc of mot for S/J (mt) |
Filing 60 DECLARATION of Sandra P. Thompson by defendant Bausch & Lomb Inc in suppt of Bausch & Lomb Inc's motion for summary judgment [57-1] (rmi) |
Filing 59 DECLARATION of F. Christopher Mizzo by defendant Bausch & Lomb Inc in suppt of dft, Bausch & Lomb Inc's motion for summary judgment [57-1] (rmi) |
Filing 58 MEMORANDUM of PA IN SUPPORT by defendant Bausch & Lomb Inc of its motion for summary judgment [57-1] (rmi) |
Filing 57 NOTICE OF MOTION by defendant Bausch & Lomb Inc for summary judgment ; motion hearing set for 8:30 6/10/02 (rmi) |
Filing 56 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/29/02 CR: Mark Schweitzer (Debbie Gale reported a.m.) (dlu) |
TRANSCRIPT filed for proceedings held on 4/29/02 (dlu) |
Filing 54 ORDER by Judge David O. Carter granting Alcon's motion for summary judgment [32-1] (seal) |
Filing 55 JOINT RULE 26 DISCOVERY PLAN filed; est length of trial not specified (mg) |
Filing 53 REPLY TO COUNTERCLAIM [44-1] & to 1st amend ans by counter-defendant Allergan Inc, counter-defendant Allergan Sales Inc (rmi) |
Filing 52 MINUTES: hearing held; tentative ruling issed to cnsl a cpy of which is attached hereto; arg by cnsl; dfts' motion for summary judgment [32-1] is taken under submission; by Judge David O. Carter CR: Debbie Gale & Schweitzer (rmi) |
Filing 51 NOTICE OF ERRATA by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd correcting motion for summary judgment [32-1] (rmi) |
Filing 50 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Allergan Inc, plaintiff Allergan Sales Inc by Chad A. Hanson; Designating Dina Grinshpun as local counsel. Approved by Judge David O. Carter . (Fee pd) (rmi) |
Filing 49 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Allergan Inc, plaintiff Allergan Sales Inc by Frank P Porcelli. Designating Dina Grinshpun as local counsel. Approved by Judge David O. Carter; (Fee pd) (rmi) |
Filing 45 DECLARATION of Scott Krueger in suppt by Dfts/Counter-claimants Alcon Lab, Alcon Research Ltd of motion for summary judgment [32-1] (mg) |
Filing 48 PROOF OF SERVICE by defendant on 4/22/02 of rply to resp to mot for summary jgmt and supp decl (csb) |
Filing 47 REPLY by defendant to response to motion for summary judgment [32-1] (csb) |
Filing 46 Second DECLARATION of Veronica Mullally by defendant in support of dfts motion for summary judgment [32-1] (csb) |
Filing 44 (AMENDED) COUNTERCLAIM [13-2] by counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd; (rmi) |
Filing 43 DECLARATION of Jonathan E. Singer by Plfs Allergan Inc, Allergan Sales Inc in suppt of Allergan's alt req for refusal or cont of Alcon's motion for summary judgment [32-1] (mg) |
Filing 42 DECLARATION of Dr. Scott Whitcup by Plfs Allergan Inc, Allergan Sales Inc (mg) |
Filing 41 DECLARATION of Dina Grinshpun by Plfs Allergan Inc, Allergan Sales Inc in opp to Alcon's motion for summary judgment [32-1] (mg) |
Filing 40 STATEMENT of genuine issues of material fact by Plfs Allergan Inc, Allergan Sales Inc (mg) |
Filing 39 MEMORANDUM OF P/A IN SUPPORT by plaintiffs Allergan Inc, Allergan Sales Inc of motion for summary judgment [32-1] (mg) |
Filing 38 PLFS' REPLY TO COUNTERCLAIM [24-2] by Allergan Inc, Allergan Sales Inc (mg) |
NOTICE OF FILING FEE DUE On Pro Hac Vice Application mailed to attorney Chad A Hanson for counter-defendant Allergan Sales Inc (mg) |
PLACED IN FILE - NOT USED; prop ord gr plfs' mot to str (rmi) |
Filing 26 MINUTES (In Chambers): order denying plfs' motion to strike [15-1]; Alcon is ord to file & serve a more definite stmt purs to FRCP 12(e); by Judge David O. Carter CR: not present (rmi) |
Filing 37 PROOF OF SERVICE by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd on 4/2/02 of mot for summ jgm, etc. (see doc for specifics) (rmi) |
Filing 36 DECLARATION of Dina Grinshpun by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd in supt of plf's motion to strike [15-1] (rmi) |
Filing 35 REPLY memo of PA by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd in suppt of plfs' motion for summary judgment [32-1] (rmi) |
Filing 34 DECLARATION of Veronica Mullally by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd in suppt of dfts' motion for summary judgment [32-1] (rmi) |
Filing 33 MEMORANDUM of law IN SUPPORT by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd of motion for summary judgment [32-1] (rmi) |
Filing 32 NOTICE OF MOTION by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd for summary judgment ; motion hearing set for 8:30 4/29/02 (rmi) |
Filing 31 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Bausch & Lomb Inc by Scott K. Reed. Designating John B. Hurlbut as local counsel. Approved by Judge David O. Carter. (Fee pd) (mg) |
Filing 30 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Bausch & Lomb Inc by Bruce M. Wexler. Designating John B. Hurlbut as local counsel. Approved by Judge David O. Carter. (Fee pd) (mg) |
Filing 29 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Bausch & Lomb Inc by Robert L. Baechtold. Designating John B. Hurlbut as local counsel. Approved by Judge David O. Carter. (Fee pd) (mg) |
Filing 28 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Bausch & Lomb Inc by Denis A Polyn. Designating John B. Hurlbut as local counsel. Approved by Judge David O. Carter. (Fee pd) (mg) |
Filing 27 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Bausch & Lomb Inc by F. Christopher Mizzo. Designating John B. Hurlbut as local counsel. Approved by Judge David O. Carter. (Fee pd) (mg) |
Filing 19 MINUTES (In Chambers) by Judge David O. Carter: Please take ntc that on the Crt's own mot, the scheduling conf is cont to 8:30 5/13/02 ; CR: (not present) (mg) |
Filing 25 MEMO OF LAW IN OPPOSITION by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd to motion to strike [15-1] (rmi) |
Filing 24 ANSWER to complaint [1-1] and COUNTERCLAIM by defendant Bausch & Lomb Inc against plaintiff Allergan Inc, plaintiff Allergan Sales Inc ; summons not issd (rmi) |
Filing 23 Notice OF INTERESTED PARTIES filed by defendant Bausch & Lomb Inc (rmi) |
Filing 22 PROOF OF SERVICE by defendant Alcon Lab, defendant Alcon Research Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd on 3/18/02 of appl for prohac vice (see doc for specifics) (rmi) |
Filing 21 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Alcon Lab, defendant Alcon Research Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd by Daniel J Tomasch. Designating William W. Oxley as local counsel. Approved by Judge David O. Carter . (Fee pd) (rmi) |
Filing 20 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Alcon Lab, defendant Alcon Research Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd by Veronica Mullally. Designating William W. Oxley as local counsel; Approved by Judge David O. Carter . (Fee pd) (rmi) |
Filing 18 MEMORANDUM of PA IN SUPPORT by plaintiff Allergan Inc, plaintiff Allergan Sales Inc of motion to strike [15-1] (rmi) |
Filing 17 DECLARATION of Dina Grinshpun by plaintiff Allergan Inc, plaintiff Allergan Sales Inc in suppt of plfs' motion to strike [15-1] (rmi) |
Filing 16 REPLY TO COUNTERCLAIM [13-2] by counter-defendant Allergan Inc, counter-defendant Allergan Sales Inc (rmi) |
Filing 15 NOTICE OF MOTION AND MOTION by plaintiff Allergan Inc, plaintiff Allergan Sales Inc to strike ; motion hearing set for 8:30 4/8/02 (rmi) |
Filing 11 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling conf set for 8:30 5/6/02 ; READ IMMEDIATELY (see doc for fur details) (mg) |
Filing 14 Notice OF INTERESTED PARTIES filed by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd, counter-claimant Alcon Lab, counter-claimant Alcon Research Ltd, counter-claimant Alcon Universal Ltd (rmi) |
Filing 13 ANSWER to complaint [1-1] and COUNTERCLAIM by defendant Alcon Lab, defendant Alcon Research Ltd, defendant Alcon Universal Ltd against plaintiff Allergan Inc, plaintiff Allergan Sales Inc; jury demand; summons not issd (rmi) |
Filing 12 STIPULATION filed to extend time to answer complaint [1-1] to 3/21/02 as to defendant Bausch & Lomb Inc (rmi) |
Filing 10 RETURN OF SUMMONS (seal) |
Filing 9 PROOF OF SERVICE executed upon defendant Alcon Lab ; Service by State Statute on 1/29/02 via personal delivery by serving summs & cmp to C.T. Corp (auth to agent for svc by serving Shirley Dillon, process clrk auth to accept) (seal) |
Filing 8 PROOF OF SERVICE executed upon defendant Alcon Universal Ltd ; Service by State Statute on 1/29/02 via personal delivery by serving summs & cmp to C.T. Corpt (auth to agent for svc by serving Shirley Dillon process clrk auth to accept) (seal) |
Filing 7 PROOF OF SERVICE executed upon defendant Alcon Research Ltd ; Service by State Statute on 1/29/02 via personal delivery by serving summs & cmp to C.T. Corp (auth agent for svc by serving Shirley Dillon, process clrk auth to accept) (seal) |
Filing 6 PROOF OF SERVICE executed upon defendant Alcon Research Ltd ; Service by State Statute on 1/28/02 via personal delivery by serving summs & cmp to C.T. Corp (auth agent for svc by serving Margaret Wilson, process clrk, auth to accpet) (seal) |
Filing 5 RETURN OF SERVICE unexecuted - attempted as to defendant Alcon Research Ltd (seal) |
Filing 4 PROOF OF SERVICE executed upon defendant Alcon Lab ; Service by State Statute on 1/28/02 via personal delivery by serving summs & cmp to C.T. Corp (auth agent for svc by serving Margaret Wilson, process clrk, auth to accept) (seal) |
Filing 3 PROOF OF SERVICE executed upon defendant Bausch & Lomb Inc ; Service by State Statute on 1/28/02 via personal delivery by serving summs & cmp to C.T. Corp (auth agent for svc by serving Margaret Wilson, process clerk, auth to accept) (seal) |
Filing 2 Notice OF INTERESTED PARTIES filed by plaintiff Allergan Inc, plaintiff Allergan Sales Inc (rmi) |
Filing 1 COMPLAINT filed Summons(es) issd referred to Discovery Arthur Nakazato (rmi) |
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