Novartis Pharmaceuticals Corporation v. Handa Neuroscience, LLC et al
Plaintiff: Novartis Pharmaceuticals Corporation
Defendant: Handa Pharmaceuticals, LLC, Handa Neuroscience, LLC, Handa Pharma, Inc. and Handa Pharmaceuticals, Inc.
Case Number: 5:2021cv03397
Filed: May 6, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: Susan van Keulen
Nature of Suit: Patent - Abbreviated New Drug Applications (ANDA)
Cause of Action: 35 U.S.C. § 145
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2021 Opinion or Order Filing 30 Order Granting #29 Stipulation Extending Briefing Schedule for Plaintiff's Motion to Stay. Signed by Judge Edward J. Davila on 06/30/2021. (ejdlc2S, COURT STAFF) (Filed on 6/30/2021)
June 29, 2021 Filing 29 STIPULATION WITH PROPOSED ORDER re #28 MOTION to Stay in Favor of First-Filed Case (Extending Briefing Schedule) filed by Novartis Pharmaceuticals Corporation. (Hsin, Yu-Chieh) (Filed on 6/29/2021)
June 22, 2021 Filing 28 MOTION to Stay in Favor of First-Filed Case filed by Novartis Pharmaceuticals Corporation. Motion Hearing set for 9/9/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 7/6/2021. Replies due by 7/13/2021. (Attachments: #1 Declaration of R. Trenchard, #2 Exhibit 1, Trenchard Decl., #3 Exhibit 2, Trenchard Decl., #4 Exhibit 3, Trenchard Decl., #5 Exhibit 4, Trenchard Decl., #6 Exhibit 5, Trenchard Decl., #7 Exhibit 6, Trenchard Decl., #8 Exhibit 7, Trenchard Decl., #9 Exhibit 8, Trenchard Decl., #10 Proposed Order)(Hsin, Yu-Chieh) (Filed on 6/22/2021)
June 22, 2021 Opinion or Order Filing 27 Order Granting #26 Stipulation Extending Briefing Schedule for Motion for Judgment on the Pleadings. Signed by Judge Edward J. Davila on 06/22/2021. (ejdlc2S, COURT STAFF) (Filed on 6/22/2021)
June 22, 2021 ***Set Deadlines/Hearings as to #24 MOTION for Judgment on the Pleadings per #27 Order: Plaintiff's opposition due by 7/20/2021. Handa Neuroscience, LLC's reply due by 8/3/2021. (kedS, COURT STAFF) (Filed on 6/22/2021)
June 21, 2021 Filing 26 STIPULATION WITH PROPOSED ORDER re #24 MOTION for Judgment on the Pleadings (Extending Briefing Schedule) filed by Novartis Pharmaceuticals Corporation. (Hsin, Yu-Chieh) (Filed on 6/21/2021)
June 15, 2021 Filing 25 Declaration of Don J. Mizert in Support of #24 MOTION for Judgment on the Pleadings filed byHanda Neuroscience, LLC. (Attachments: #1 Exhibit 1 - '179 Pros. History, #2 Exhibit 2 - Garber, #3 Exhibit 3 - Tyler, #4 Exhibit 4 - Arvin, #5 Exhibit 5 - VARIVAX Label, #6 Exhibit 6 - Physicians' Desk Ref., #7 Exhibit 7 - ZOSTAVAX Label, #8 Exhibit WO2008000419A1, #9 Exhibit Schmouder)(Related document(s) #24 ) (Mizerk, Donald) (Filed on 6/15/2021)
June 15, 2021 Filing 24 MOTION for Judgment on the Pleadings filed by Handa Neuroscience, LLC. Motion Hearing set for 9/9/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 6/29/2021. Replies due by 7/6/2021. (Mizerk, Donald) (Filed on 6/15/2021)
June 15, 2021 Filing 23 ANSWER to Complaint byHanda Neuroscience, LLC, Handa Pharma, Inc., Handa Pharmaceuticals, Inc., Handa Pharmaceuticals, LLC. (Mizerk, Donald) (Filed on 6/15/2021)
June 14, 2021 Filing 22 Certificate of Interested Entities by Handa Neuroscience, LLC, Handa Pharma, Inc., Handa Pharmaceuticals, Inc., Handa Pharmaceuticals, LLC identifying Corporate Parent Handa Pharmaceuticals, Inc. for Handa Neuroscience, LLC, Handa Pharma, Inc., Handa Pharmaceuticals, LLC. (Mizerk, Donald) (Filed on 6/14/2021)
June 14, 2021 Filing 21 NOTICE of Appearance by Donald J Mizerk (Mizerk, Donald) (Filed on 6/14/2021)
May 21, 2021 Opinion or Order Filing 20 Order Granting #19 Stipulation Governing Acceptance of Service of Process and Response Time to Complaint. Signed by Judge Edward J. Davila on 05/21/2021. (ejdlc2S, COURT STAFF) (Filed on 5/21/2021)
May 20, 2021 Filing 19 STIPULATION WITH PROPOSED ORDER Governing Acceptance of Service of Process and Response Time to Complaint filed by Novartis Pharmaceuticals Corporation. (Hsin, Yu-Chieh) (Filed on 5/20/2021)
May 18, 2021 Filing 18 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 7/26/2021. Initial Case Management Conference set for 8/5/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 5/18/2021)
May 18, 2021 Opinion or Order Filing 17 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 05/18/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 5/18/2021)
May 17, 2021 Filing 16 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 5/17/2021)
May 17, 2021 Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Novartis Pharmaceuticals Corporation.. (Love, Jane) (Filed on 5/17/2021)
May 13, 2021 Opinion or Order Filing 14 Order by Magistrate Judge Laurel Beeler granting #12 Motion for Pro Hac Vice. Attorney Robert W Trenchard representing Plaintiff. (ejkS, COURT STAFF) (Filed on 5/13/2021)
May 13, 2021 Opinion or Order Filing 13 Order by Magistrate Judge Laurel Beeler granting #11 Motion for Pro Hac Vice. Attorney Jane M Love representing Plaintiff. (ejkS, COURT STAFF) (Filed on 5/13/2021)
May 13, 2021 Filing 12 MOTION for leave to appear in Pro Hac Vice for Novartis Pharmaceuticals Corporation ( Filing fee $ 317, receipt number 0971-15962038.) filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Certificate of Good Standing)(Trenchard, Robert) (Filed on 5/13/2021)
May 13, 2021 Filing 11 MOTION for leave to appear in Pro Hac Vice for Novartis Pharmaceuticals Corporation ( Filing fee $ 317, receipt number 0971-15961378.) filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Certificate of Good Standing)(Love, Jane) (Filed on 5/13/2021)
May 11, 2021 Filing 10 Summons Issued as to Handa Neuroscience, LLC, Handa Pharma, Inc., Handa Pharmaceuticals, Inc., Handa Pharmaceuticals, LLC. (gbaS, COURT STAFF) (Filed on 5/11/2021)
May 11, 2021 Filing 9 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/29/2021. Initial Case Management Conference set for 8/5/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (gbaS, COURT STAFF) (Filed on 5/11/2021)
May 7, 2021 Filing 8 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/21/2021. (haS, COURT STAFF) (Filed on 5/7/2021)
May 6, 2021 Filing 7 CORRECTED COMPLAINT for Patent Infringement (replacing document #1 ) against All Defendants. Filed byNovartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Complaint, #3 Exhibit C, Complaint, #4 Civil Cover Sheet)(Hsin, Yu-Chieh) (Filed on 5/6/2021) Modified on 5/10/2021 (gbaS, COURT STAFF).
May 6, 2021 Filing 6 NOTICE of Errata by Novartis Pharmaceuticals Corporation re #1 Complaint (Hsin, Yu-Chieh) (Filed on 5/6/2021) Modified on 5/11/2021 (gbaS, COURT STAFF).
May 6, 2021 Filing 5 NOTICE of Pendency of Other Action Involving Same Patent by Novartis Pharmaceuticals Corporation (Hsin, Yu-Chieh) (Filed on 5/6/2021)
May 6, 2021 Filing 4 Certificate of Interested Entities by Novartis Pharmaceuticals Corporation identifying Corporate Parent Novartis AG for Novartis Pharmaceuticals Corporation. (Hsin, Yu-Chieh) (Filed on 5/6/2021)
May 6, 2021 Filing 3 REPORT on the filing of an action regarding Patent Nos. 9,187,405 and 10,543,179 (cc: form mailed to register). (Hsin, Yu-Chieh) (Filed on 5/6/2021) Modified on 5/11/2021 (gbaS, COURT STAFF).
May 6, 2021 Filing 2 Proposed Summons. (Attachments: #1 Summons (Handa Pharmaceuticals Inc), #2 Summons (Handa Pharma Inc), #3 Summons (Handa Pharmaceuticals LLC))(Hsin, Yu-Chieh) (Filed on 5/6/2021)
May 6, 2021 Filing 1 **Erroneous Entry - please disregard and refer to Docket No. #7 ** COMPLAINT for Patent Infringement against All Defendants (Filing fee $ 402, receipt number 0971-15936857.). Filed byNovartis Pharmaceuticals Corporation. (Attachments: #1 Civil Cover Sheet)(Hsin, Yu-Chieh) (Filed on 5/6/2021) Modified on 5/10/2021 (gbaS, COURT STAFF).

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Defendant: Handa Pharmaceuticals, LLC
Represented By: Donald J Mizerk
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Defendant: Handa Neuroscience, LLC
Represented By: Donald J Mizerk
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Defendant: Handa Pharma, Inc.
Represented By: Donald J Mizerk
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Defendant: Handa Pharmaceuticals, Inc.
Represented By: Donald J Mizerk
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Plaintiff: Novartis Pharmaceuticals Corporation
Represented By: Yu-Chieh Ernest Hsin
Represented By: Jane M. Love
Represented By: Robert W. Trenchard
Represented By: Christine Louise Ranney
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