Genzyme Therapeutic Products v. Biomarin Pharmaceutical
| GENZYME THERAPEUTIC PRODUCTS LIMITED PARTNERSHIP |
| BIOMARIN PHARMACEUTICAL INC. |
| MICHELLE K. LEE, Director, U.S. Patent and Trademark Office |
| 15-1720 |
| June 10, 2015 |
| U.S. Court of Appeals, Federal Circuit |
| Other |
Docket Report
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| Filing 73 Mandate issued to the United States Patent and Trademark Office. Service as of this date by Clerk of Court. [370771] [15-1720, 15-1721] [AT] [Entered: 10/03/2016 09:27 AM] |
Filing 72
ORDER filed denying [ # 70 ] petition for panel rehearing filed by Genzyme Therapeutic Products Limited Partnership in 15-1720; denying [ # 70 ] petition for en banc rehearing filed by Genzyme Therapeutic Products Limited Partnership in 15-1720. By: En Banc (Per Curiam). Service as of this date by Clerk of Court. [369104] [15-1720, 15-1721] [SJ] [Entered: 09/26/2016 09:08 AM]
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| Filing 71 18 paper copies of the petition for panel rehearing [ # 70 ], petition for en banc rehearing [ # 70 ] received from Appellant Genzyme Therapeutic Products Limited Partnership. [360685] [SJ] [Entered: 08/22/2016 11:11 AM] |
| Filing 70 Petition for panel rehearing, for en banc rehearing filed by Appellant Genzyme Therapeutic Products Limited Partnership. Service: 08/19/2016 by email. The paper copies of the petition must be filed within two business days (see Fed. Cir. R. 35(c)(4).The required paper copies should be received by the court on or before 08/23/2016 [360421] [Filko Prugo] [Entered: 08/19/2016 03:16 PM] |
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Filing 69
ORDER filed granting motion to extend time to file petition for rehearing [ # 68 ] filed by Appellant Genzyme Therapeutic Products Limited Partnership. Petition for Rehearing due on or before 08/19/2016. By: (Per Curiam). Service as of this date by Clerk of Court. [354327] [SJ] [Entered: 07/28/2016 01:22 PM]
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| Filing 68 MOTION of Appellant Genzyme Therapeutic Products Limited Partnership to extend the time to file a Combined Petition for Panel Rehearing and Rehearing En Banc until 08/19/2016. Response/Opposition is due 07/18/2016 [Consent: unopposed]. Service: 07/05/2016 by email. [348520] [Filko Prugo] [Entered: 07/05/2016 04:44 PM] |
| Filing 67 OPINION and JUDGMENT filed. The judgment or decision is: Affirmed. (Precedential Opinion). (For the Court: Moore,Circuit Judge; Bryson,Circuit Judge and Reyna,Circuit Judge). [343271] [15-1720, 15-1721] [SJ] [Entered: 06/14/2016 10:20 AM] |
| Filing 66 Submitted after ORAL ARGUMENT by Filko Prugo for Genzyme Therapeutic Products Limited Partnership, Mr. Gerald Myers Murphy, Jr. for Biomarin Pharmaceutical Inc. and Mr. Benjamin T. Hickman for Lee. Panel: Judge: Moore , Judge: Bryson , Judge: Reyna. [324732] [LAJ] [Entered: 04/07/2016 10:38 AM] |
| Filing 65 Response to oral argument order from the Intervenor Lee. designating Benjamin T. Hickman as arguing attorney. Designated time for argument: 3 minutes. Designated time for rebuttal: 0 minutes. Service of other counsel by Notice of Docket Activity from this entry. [317025] [Benjamin Hickman] [Entered: 03/09/2016 10:04 AM] |
| Filing 64 Response to oral argument order from the Appellee Biomarin Pharmaceutical Inc.. designating Gerald M. Murphy, Jr. as arguing attorney. Designated time for argument: 12 minutes. Designated time for rebuttal: 0 minutes. Service of other counsel by Notice of Docket Activity from this entry. [316800] [Gerald Murphy] [Entered: 03/08/2016 03:18 PM] |
| Filing 63 Response to oral argument order from the Appellant Genzyme Therapeutic Products Limited Partnership. designating Filko Prugo as arguing attorney. Designated time for argument: 12 minutes. Designated time for rebuttal: 3 minutes. Service of other counsel by Notice of Docket Activity from this entry. [315293] [Filko Prugo] [Entered: 03/02/2016 11:38 AM] |
| Filing 62 NOTICE OF CALENDARING. Panel: 1604J. Case scheduled Apr 07, 2016 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, N.W. Washington, DC 20439), Courtroom 201. Response to oral argument order due: 03/15/2016. Counsel should check-in 30 minutes prior to the opening of the session. Please review the # Oral Argument Order. [312544] THIS NOTICE APPLIES TO CASE(S): [15-1422, 15-1720, 15-1725, 15-5130] [JAB] [Entered: 02/19/2016 04:11 PM] |
| Filing 61 REMINDER : All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a), Fed. Cir. R. 47.3 and ECF-2(E) to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [306637] [AT] [Entered: 01/28/2016 12:32 PM] |
| Filing 60 Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellee Biomarin Pharmaceutical Inc.. Service: 01/28/2016 by clerk. [306534] [Gerald Murphy] [Entered: 01/28/2016 11:04 AM] |
| Filing 59 Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant Genzyme Therapeutic Products Limited Partnership. Service: 01/25/2016 by email. [305604] [Filko Prugo] [Entered: 01/25/2016 02:33 PM] |
| Filing 58 Notice from Appellee Biomarin Pharmaceutical Inc. regarding conflicts with oral argument (03/13/16-03/18/16 04/14/16-04/29/16). Service: 01/15/2016 by clerk. [303500] [Gerald Murphy] [Entered: 01/15/2016 02:56 PM] |
| Filing 57 6 paper copies of the Joint Appendix [ # 54 ] received from Appellant Genzyme Therapeutic Products Limited Partnership. [300666] [MJL] [Entered: 01/06/2016 10:08 AM] |
| Filing 56 Notice from Intervenor Lee regarding conflicts with oral argument (Scheduling of Oral Argument Dates). Service: 01/05/2016 by email. [300393] [Benjamin Hickman] [Entered: 01/05/2016 11:32 AM] |
| Filing 55 NOTICE OF DEFICIENCY: The party letter Document No. [53] filed by Intervenor Lee in 15-1720 is submitted using the incorrect event and therefore cannot be accepted for filing at this time. The correct event is: NOTICE REGARDING CONFLICTS WITH ORAL ARGUMENT. You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [300324] [JW] [Entered: 01/05/2016 10:10 AM] |
| Filing 53 Letter from Intervenor Lee Oral Argument in Genzyme Therapeutic Products L.P. v. BioMarin Pharmaceutical Inc., No. 15-1720. Service: 01/04/2016 by email. [299819] [Benjamin Hickman] [Entered: 01/04/2016 10:54 AM] |
| Filing 54 APPENDIX FILED for Genzyme Therapeutic Products Limited Partnership [ # 52 ]. Number of Pages: 927. Service: 12/29/2015 by email. Pursuant to ECF-10, filer is directed to file six copies of the brief in paper format. The paper copies of the brief should be received by the court on or before 01/11/2016.. [300134] [LN] [Entered: 01/04/2016 04:38 PM] |
| Filing 52 TENDERED from Appellant Genzyme Therapeutic Products Limited Partnership. Title: JOINT APPENDIX. Service: 12/29/2015 by email. [299267] [Filko Prugo] [Entered: 12/29/2015 03:39 PM] |
| Filing 51 6 paper copies of the Reply Brief [ # 50 ] received from Appellant Genzyme Therapeutic Products Limited Partnership. [298169] [LAJ] [Entered: 12/22/2015 01:19 PM] |
| Filing 50 REPLY BRIEF FILED for Appellant Genzyme Therapeutic Products Limited Partnership [ # 49 ]. Number of Pages: 29. Service: 12/17/2015 by email. Pursuant to ECF-10, filer is directed to file six copies of the brief in paper format. The paper copies of the brief should be received by the court on or before 12/22/2015. Appendix is due 12/31/2015. [297225] [JB] [Entered: 12/17/2015 04:14 PM] |
| Filing 49 TENDERED from Appellant Genzyme Therapeutic Products Limited Partnership. Title: REPLY BRIEF. Service: 12/17/2015 by email. [297158] [Filko Prugo] [Entered: 12/17/2015 02:03 PM] |
| Filing 48 RESPONSE of Appellee Biomarin Pharmaceutical Inc. to the supplemental authority [ # 44 ] filed by Intervenor Lee in 15-1720. Service: 11/20/2015 by clerk. [290651] [Gerald Murphy] [Entered: 11/20/2015 03:59 PM] |
| Filing 47 **TEXT ONLY** ORDER granting motion to extend time to file reply brief [ # 46 ] filed by Appellant Genzyme Therapeutic Products Limited Partnership. The reply brief is due 12/17/2015. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [290638] [AT] [Entered: 11/20/2015 03:48 PM] |
| Filing 46 MOTION of Appellant Genzyme Therapeutic Products Limited Partnership to extend the time to 12/17/2015 to file the reply brief. Response/Opposition is due 12/03/2015 [Consent: unopposed]. Service: 11/20/2015 by email. [290500] [Filko Prugo] [Entered: 11/20/2015 01:30 PM] |
| Filing 45 6 paper copies of the intervenor Brief [ # 43 ] received from Intervenor Lee. [290299] [AT] [Entered: 11/20/2015 09:39 AM] |
| Filing 44 Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Intervenor Lee. Service: 11/17/2015 by email. [289525] [Benjamin Hickman] [Entered: 11/17/2015 04:44 PM] |
| Filing 43 BRIEF FILED for Intervenor Lee [ # 42 ]. Number of Pages: 35. Service: 11/12/2015 by email. Pursuant to ECF-10, filer is directed to file six copies of the brief in paper format. The paper copies of the brief should be received by the court on or before 11/18/2015. Appellant Genzyme Therapeutic Products Limited Partnership reply brief is due 12/03/2015. [288502] [AT] [Entered: 11/13/2015 10:28 AM] |
| Filing 42 TENDERED from Intervenor Lee. Title: INTERVENOR BRIEF. Service: 11/12/2015 by email. [288395] [Benjamin Hickman] [Entered: 11/12/2015 07:20 PM] |
| Filing 41 Docketing Statement for the Intervenor Lee. Service: 10/22/2015 by email. [282623] [Benjamin Hickman] [Entered: 10/22/2015 10:16 AM] |
| Filing 40 Entry of appearance for Farheena Y. Rasheed as of counsel for Intervenor Lee. Service: 10/21/2015 by email. [282114] [Farheena Rasheed] [Entered: 10/21/2015 08:07 AM] |
| Filing 39 **TEXT ONLY** ORDER granting motion to extend time to file intervenor's brief [ # 38 ] filed by Intervenor Lee Intervenor brief due 11/12/2015. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [282055] [LN] [Entered: 10/20/2015 04:17 PM] |
| Filing 38 MOTION of Intervenor Lee to extend the time to 11/12/2015 at 11:59 pm to file the intervenor's brief. Response/Opposition is due 11/02/2015 [Consent: unopposed]. Service: 10/20/2015 by email. [281957] [Benjamin Hickman] [Entered: 10/20/2015 02:31 PM] |
| Filing 37 6 paper copies of the Opening Response Brief [ # 35 ] received from Appellee Biomarin Pharmaceutical Inc.. [281732] [LAJ] [Entered: 10/20/2015 10:04 AM] |
| Filing 36 Clerk's Note to the File: The Appellant's reply brief due date was inadvertantly set and has been removed. The new deadline will be set once the Intervenor's brief has been filed. [280768] [JW] [Entered: 10/15/2015 03:26 PM] |
| Filing 35 BRIEF FILED for Appellee Biomarin Pharmaceutical Inc. [ # 34 ]. Number of Pages: 59. Service: 10/08/2015 by email. Pursuant to ECF-10, filer is directed to file six copies of the brief in paper format. The paper copies of the brief should be received by the court on or before 10/19/2015. Appellant Genzyme Therapeutic Products Limited Partnership reply brief is due 10/26/2015. [279830] [JW] [Entered: 10/13/2015 01:21 PM] |
| Filing 34 TENDERED from Appellee Biomarin Pharmaceutical Inc.. Title: RESPONSE BRIEF. Service: 10/08/2015 by email. [279052] [Gerald Murphy] [Entered: 10/08/2015 05:29 PM] |
| Filing 33 Entry of appearance for Margaret O'Boyle as of counsel for Appellant Genzyme Therapeutic Products Limited Partnership. Service: 09/22/2015 by email. [274519] [Margaret O'Boyle] [Entered: 09/22/2015 04:56 PM] |
| Filing 32 Entry of appearance for Eberle Schultz as of counsel for Appellant Genzyme Therapeutic Products Limited Partnership. Service: 09/22/2015 by email. [274512] [Eberle Schultz] [Entered: 09/22/2015 04:49 PM] |
| Filing 31 Clerk's Note to the File: The Intervenor's docketing statement is due by 10/22/15; intervenor's brief is due 10/28/15. (Ref: notice of intervention, [ # 27 ]) [274136] [AT] [Entered: 09/22/2015 08:45 AM] |
| Filing 30 Entry of appearance for Thomas W. Krause as principal counsel for Director - U.S. Patent and Trademark Office. Service: 09/18/2015 by email. [273593] [Thomas Krause] [Entered: 09/18/2015 03:37 PM] |
| Filing 29 Entry of appearance for Scott C. Weidenfeller as of counsel for Michelle K. Lee, Director, United States Patent and Trademark Office. Service: 09/18/2015 by email. [273552] [Scott Weidenfeller] [Entered: 09/18/2015 03:06 PM] |
| Filing 28 Entry of appearance for Benjamin T. Hickman as of counsel for Michelle K. Lee, Director, United States Patent and Trademark Office. Service: 09/18/2015 by email. [273545] [Benjamin Hickman] [Entered: 09/18/2015 03:02 PM] |
| Filing 27 Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 09/18/2015 by email. [273540] [Benjamin Hickman] [Entered: 09/18/2015 03:00 PM] |
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Filing 26
ORDER granting motion to extend time to file appellee/respondent/cross-appellant principal brief [ # 25 ] filed by Appellee Biomarin Pharmaceutical Inc. Appellee Biomarin Pharmaceutical Inc. brief due 10/08/2015... Service as of this date by Clerk of Court. [273108] [LN] [Entered: 09/17/2015 12:00 PM]
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| Filing 25 MOTION of Appellee Biomarin Pharmaceutical Inc. to extend the time to 10/08/2015 to file the appellee/respondent/cross-appellant's principal brief. Response/Opposition is due 09/28/2015 [Consent: unopposed]. Service: 09/15/2015 by email, clerk. [272379] [Lynde Herzbach] [Entered: 09/15/2015 02:30 PM] |
| Filing 24 6 paper copies of the Opening Brief [ # 23 ] received from Appellant Genzyme Therapeutic Products Limited Partnership. [266323] [LAJ] [Entered: 08/24/2015 11:29 AM] |
| Filing 23 BRIEF FILED for Appellant Genzyme Therapeutic Products Limited Partnership [ # 22 ]. Number of Pages: 59. Service: 08/17/2015 by email. Pursuant to ECF-10, filer is directed to file six copies of the brief in paper format. The paper copies of the brief should be received by the court on or before 08/24/2015. Appellee Biomarin Pharmaceutical Inc. brief is due 10/01/2015. [265490] [CAB] [Entered: 08/19/2015 02:21 PM] |
| Filing 22 TENDERED from Appellant Genzyme Therapeutic Products Limited Partnership. Title: OPENING BRIEF. Service: 08/17/2015 by email. [264688] [Filko Prugo] [Entered: 08/17/2015 02:36 PM] |
| Filing 21 Entry of appearance for Deanna Rice as of counsel for Appellant Genzyme Therapeutic Products Limited Partnership. Service: 08/13/2015 by email. [263920] [Deanna Rice] [Entered: 08/13/2015 02:09 PM] |
| Filing 20 Entry of appearance for Anton Metlitsky as of counsel for Appellant Genzyme Therapeutic Products Limited Partnership. Service: 08/13/2015 by email. [263919] [Anton Metlitsky] [Entered: 08/13/2015 02:05 PM] |
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Filing 19
ORDER granting motion to extend time to file appellant's principal brief [ # 18 ] filed by Appellant Genzyme Therapeutic Products Limited Partnership. Brief due 08/17/2015. Service as of this date by Clerk of Court. [261437] [AT] [Entered: 08/03/2015 12:16 PM]
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| Filing 18 MOTION of Appellant Genzyme Therapeutic Products Limited Partnership to extend the time to 08/17/2015 to file the appellant/petitioner's principal brief. Response/Opposition is due 08/13/2015 [Consent: unopposed]. Service: 07/31/2015 by email. [261294] [Christina Schwarz] [Entered: 07/31/2015 05:22 PM] |
| Filing 17 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellee Biomarin Pharmaceutical Inc.. Service: 07/24/2015 by email, clerk. [259279] [Gerald Murphy] [Entered: 07/24/2015 01:03 PM] |
| Filing 16 Entry of appearance for MaryAnne Armstrong, Ph.D. as of counsel for Appellee Biomarin Pharmaceutical Inc.. Service: 07/17/2015 by US mail, clerk. [257411] [MaryAnne Armstrong] [Entered: 07/17/2015 04:25 PM] |
| Filing 15 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:attorney entry of appearance of Filko Prugo Docket No. [ # 11 ], ERROR: pdf is not text searchable. Pursuant to ECF-7 documents must be text seasrchable. CORRECTION: No further action is necessary. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [251640] [IW] [Entered: 06/26/2015 07:50 AM] |
| Filing 14 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:attorney entry of appearance Docket No. [ # 7 ], attorney entry of appearance Docket No. [ # 6 ], attorney entry of appearance Docket No. [ # 5 ], ERROR: Alternate/secondary emails listed on Entry of Appearances. CORRECTION: Any alternate or secondary emails listed in the entry of appearance should be added to the attorney's PACER account. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [251353] [JW] [Entered: 06/25/2015 11:14 AM] |
| Filing 13 Docketing Statement for the Appellant Genzyme Therapeutic Products Limited Partnership. Service: 06/24/2015 by email. [251246] [Filko Prugo] [Entered: 06/24/2015 06:30 PM] |
| Filing 12 Certificate of Interest for the Appellant Genzyme Therapeutic Products Limited Partnership. Service: 06/24/2015 by email. [251245] [Filko Prugo] [Entered: 06/24/2015 06:29 PM] |
| Filing 11 Entry of appearance for Filko Prugo as principal counsel for Appellant Genzyme Therapeutic Products Limited Partnership. Service: 06/24/2015 by email. [251243]--[Edited 06/26/2015 by clerk to attach a text searchable version of the pdf] [Filko Prugo] [Entered: 06/24/2015 06:27 PM] |
| Filing 10 Entry of appearance for Christina A. L. Schwarz as of counsel for Appellant Genzyme Therapeutic Products Limited Partnership. Service: 06/24/2015 by email. [251242] [Christina Schwarz] [Entered: 06/24/2015 06:22 PM] |
| Filing 9 Docketing Statement for the Appellee Biomarin Pharmaceutical Inc.. Service: 06/23/2015 by US mail, clerk. [250863] [Gerald Murphy] [Entered: 06/23/2015 05:36 PM] |
| Filing 8 Certificate of Interest for the Appellee Biomarin Pharmaceutical Inc.. Service: 06/23/2015 by US mail, clerk. [250862] [Gerald Murphy] [Entered: 06/23/2015 05:34 PM] |
| Filing 7 Entry of appearance for Lynde F. Herzbach as of counsel for Appellee Biomarin Pharmaceutical Inc.. Service: 06/23/2015 by US mail, clerk. [250861] [Lynde Herzbach] [Entered: 06/23/2015 05:32 PM] |
| Filing 6 Entry of appearance for Eugene T. Perez as of counsel for Appellee Biomarin Pharmaceutical Inc.. Service: 06/23/2015 by US mail, clerk. [250859] [Eugene Perez] [Entered: 06/23/2015 05:30 PM] |
| Filing 5 Entry of appearance for Gerald M. Murphy, Jr. as principal counsel for Appellee Biomarin Pharmaceutical Inc.. Service: 06/23/2015 by US mail, clerk. [250855] [Gerald Murphy] [Entered: 06/23/2015 05:26 PM] |
| Filing 4 Official caption revised. The abbreviated caption of this consolidated case is: Genzyme Therapeutic v. Biomarin Pharmaceutical. The full official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by Clerk of Court. [247742] [AT] [Entered: 06/12/2015 09:29 AM] |
| Filing 3 Note to file: LEAD APPEAL 15-1720 and appeal 15-1721 are consolidated per the court's order. FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [247734] [15-1720, 15-1721] [AT] [Entered: 06/12/2015 09:21 AM] |
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Filing 2
ORDER consolidating appeals (15-1720 and 15-1721); modifying the official caption. Appellant's opening brief is due no later than 8/10/15. Service as of this date by Clerk of Court. [247733] [15-1720, 15-1721] [AT] [Entered: 06/12/2015 09:20 AM]
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| Filing 1 Appeal docketed. Date received: 04/20/2015. [247171] Entry of Appearance due 06/24/2015. Certificate of Interest is due on 06/24/2015. Docketing Statement due 06/24/2015. Appellant/Petitioner's brief is due 08/10/2015. [JCS] [Entered: 06/10/2015 02:13 PM] |
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