Takeda Pharmaceuticals U.S.A. v. Alkem Laboratories Limited
Defendant / Appellee: ALKEM LABORATORIES LIMITED and ASCEND LABORATORIES, LLC
Plaintiff / Appellant: TAKEDA PHARMACEUTICALS U.S.A., INC.
Amicus Curiae: HIKMA PHARMACEUTICALS INTERNATIONAL LIMITED and HIKMA PHARMACEUTICALS USA, INC.
Case Number: 20-1545
Filed: March 9, 2020
Court: U.S. Court of Appeals, Federal Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
July 31, 2020 TAKEDA PHARMACEUTICALS U.S.A. v. ALKEM LABORATORIES LIMITED

Docket Report

This docket was last retrieved on April 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2020 Filing 66 Corrected Certificate of Service filed by Appellant Takeda Pharmaceuticals U.S.A., Inc. to Doc No. [65]. Service: 04/29/2020 by email. [690779] [20-1545] [Edgar Haug] [Entered: 04/29/2020 09:54 AM]
April 28, 2020 Filing 65 MODIFIED ENTRY: CORRECTED CONFIDENTIAL JOINT APPENDIX FILED for Appellant Takeda Pharmaceuticals U.S.A., Inc. Number of Pages: 698. Service: 04/28/2020 by email. [690641]--[Edited 04/29/2020 by JAL - Compliance review complete] [Edgar Haug] [Entered: 04/28/2020 05:20 PM]
April 28, 2020 Filing 64 MODIFIED ENTRY: CORRECTED JOINT APPENDIX FILED for Appellant Takeda Pharmaceuticals U.S.A., Inc. Number of Pages: 696. Service: 04/28/2020 by email. [690634] --[Edited 04/29/2020 by JAL - Compliance review complete] [Edgar Haug] [Entered: 04/28/2020 05:15 PM]
April 28, 2020 Filing 63 6 paper copies of the Reply Brief [ # 55 ] received from Appellant Takeda Pharmaceuticals U.S.A., Inc. [690595] [CJF] [Entered: 04/28/2020 04:00 PM]
April 28, 2020 Filing 61 NOTICE OF NON-COMPLIANCE: The submissions of Appellant Takeda Pharmaceuticals U.S.A., Inc., Confidential Appendix and Appendix [ # 56 ], [57], are not in compliance with the rules of this court (see attached). Compliant documents are due on 05/01/2020. Service as of this date by the Clerk of Court. [690469] [JAL] [Entered: 04/28/2020 10:51 AM]
April 27, 2020 Filing 59 Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Service: 04/27/2020 by email. [690384] [20-1545] [Neal Seth] [Entered: 04/27/2020 06:38 PM]
April 27, 2020 Filing 58 Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 04/27/2020 by email. [690342] [20-1545] [Edgar Haug] [Entered: 04/27/2020 04:05 PM]
April 27, 2020 Filing 57 FILED from Appellant Takeda Pharmaceuticals U.S.A., Inc. Title: CONFIDENTIAL APPENDIX. Service: 04/27/2020 by email. [690339] [20-1545] This document is non-compliant. See Doc No.[ # 61 ] [Edgar Haug] [Entered: 04/27/2020 03:59 PM]
April 27, 2020 Filing 56 FILED from Appellant Takeda Pharmaceuticals U.S.A., Inc. Title: APPENDIX. Service: 04/27/2020 by email. [690330] [20-1545] This document is non-compliant. See Doc No.[ # 61 ] [Edgar Haug] [Entered: 04/27/2020 03:53 PM]
April 24, 2020 Filing 62 BRIEF FILED (SUPPLEMENTAL) for Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Number of Pages: 18. Service: 04/10/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [690509] [Accepted pursuant to 04/24/2020 order [ # 53 ]] [JAL] [Entered: 04/28/2020 12:21 PM]
April 24, 2020 Filing 60 6 paper copies of the Amicus Brief [ # 54 ] received from Amici Curiae Hikma Pharmaceuticals International Limited and Hikma Pharmaceuticals USA, Inc. [690451] [CJF] [Entered: 04/28/2020 10:05 AM]
April 24, 2020 Filing 55 MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Takeda Pharmaceuticals U.S.A., Inc. Number of Pages: 25. Service: 04/24/2020 by email. [689903] --[Edited 04/27/2020 by JAL - Compliance review complete] [Edgar Haug] [Entered: 04/24/2020 04:10 PM]
April 24, 2020 Filing 54 AMICUS BRIEF FILED for Amici Curiae Hikma Pharmaceuticals International Limited and Hikma Pharmaceuticals USA, Inc. Pages: 11. Service: 04/03/2020 by email. [689849] [Accepted pursuant to 04/24/2020 order [ # 53 ] [JAL] [Entered: 04/24/2020 02:00 PM]
April 24, 2020 Opinion or Order Filing 53 ORDER filed granting [ # 39 ] Hikma's motion. The brief amici curiae is accepted for filing. Alkem's request for leave to file a response [ # 45 ] is granted. Alkems response is accepted for filing. Service as of this date by the Clerk of Court. [689842] [LMS] [Entered: 04/24/2020 01:53 PM]
April 22, 2020 Filing 52 6 paper copies of the Corrected Opening Response Brief [ # 49 ] received from Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. [689371] [CJF] [Entered: 04/23/2020 08:13 AM]
April 21, 2020 Filing 51 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Takeda Pharmaceuticals U.S.A., Inc. and Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Service: 04/21/2020 by email. [688918] [20-1545] [Edgar Haug] [Entered: 04/21/2020 04:52 PM]
April 21, 2020 Filing 50 REMINDER : All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 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. [688572] [JAL] [Entered: 04/21/2020 09:32 AM]
April 20, 2020 Filing 49 MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED for Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Number of Pages: 22. Service: 04/20/2020 by email. [688429] --[Edited 04/21/2020 by JAL - Compliance review complete] [Neal Seth] [Entered: 04/20/2020 04:21 PM]
April 20, 2020 Filing 48 NOTICE OF NON-COMPLIANCE: The submission of Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC, Response Brief [ # 47 ], is not in compliance with the rules of this court (see attached). Compliant document is due on 04/27/2020. Service as of this date by the Clerk of Court. [688200] [JAL] [Entered: 04/20/2020 11:07 AM]
April 17, 2020 Filing 47 FILED from Appellees Ascend Laboratories, LLC and Alkem Laboratories Limited. Title: RESPONSE BRIEF. Service: 04/17/2020 by email. [688058] [20-1545] This document is non-compliant. See Doc No.[ # 48 ] [Neal Seth] [Entered: 04/17/2020 06:18 PM]
April 13, 2020 Filing 46 REPLY of Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited to response [ # 45 ]. Service: 04/13/2020 by email. [686563] [20-1545] [Charles Klein] [Entered: 04/13/2020 06:01 PM]
April 10, 2020 Filing 45 RESPONSE of Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC to the motion for leave to file an amicus curiae brief [ # 39 ]. Service: 04/10/2020 by email. [686116] [20-1545] [Neal Seth] [Entered: 04/10/2020 04:25 PM]
April 10, 2020 Filing 44 Note to file: 20-1545 (COMP COMPANION started 04/10/2020) with 20-1407. These cases shall be considered companion cases and assigned to the same merits panel for oral argument. [686037] [20-1407, 20-1545] [JAL] [Entered: 04/10/2020 02:16 PM]
April 10, 2020 Filing 43 Response to notice of oral argument from the Appellant Takeda Pharmaceuticals U.S.A., Inc.. [686035] [20-1545] [Edgar Haug] [Entered: 04/10/2020 02:12 PM]
April 10, 2020 Filing 42 NOTICE OF ORAL ARGUMENT. Panel: 2006N. Case scheduled June 8, 2020 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 201. Response to Notice of Oral Argument due: 05/15/2020. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . [685979] [JAB] [Entered: 04/10/2020 12:05 PM]
April 6, 2020 Opinion or Order Filing 41 ORDER denying as moot Hikma's motion [ # 23 ] (ECF #23). Service as of this date by the Clerk of Court. [684489] [LMS] [Entered: 04/06/2020 03:35 PM]
April 6, 2020 Opinion or Order Filing 40 ORDER Any opposition to the motion [ # 39 ] shall be filed no later than five days from the date of issuance of this order. Any reply is due no later than two days from the filing of the response. Service as of this date by the Clerk of Court. [684463] [LMS] [Entered: 04/06/2020 02:46 PM]
April 3, 2020 Filing 39 MOTION of Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited for leave to file an amicus curiae brief [Consent: opposed]. Service: 04/03/2020 by email. [684141] [20-1545] [Charles Klein] [Entered: 04/03/2020 05:03 PM]
April 3, 2020 Filing 38 6 paper copies of the Opening Brief [ # 35 ] received from Appellant Takeda Pharmaceuticals U.S.A., Inc. [684035] [CJF] [Entered: 04/03/2020 01:32 PM]
March 31, 2020 Filing 37 Paper copies of all accepted briefs must be submitted on or before April 17, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). Paper copies of the remaining briefs and appendix must be submitted within three days of the brief or appendixs acceptance for filing. [683134] [JAL] [Entered: 03/31/2020 02:41 PM]
March 27, 2020 Filing 36 Amended Entry of appearance for Charles B. Klein as principal counsel for Hikma Pharmaceutical USA Inc., and Hikma Pharmaceutical International Limited. Service: 03/27/2020 by email. [682487] [20-1545] [Charles Klein] [Entered: 03/27/2020 04:19 PM]
March 27, 2020 Filing 35 MODIFIED ENTRY: OPENING BRIEF FILED for Appellant Takeda Pharmaceuticals U.S.A., Inc. Number of Pages: 44. Service: 03/27/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [682485] --[Edited 03/30/2020 by JAL - Compliance review complete] [Edgar Haug] [Entered: 03/27/2020 04:16 PM]
March 25, 2020 Filing 34 Docketing Statement for the Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Service: 03/25/2020 by email. [681667] [20-1545] [Neal Seth] [Entered: 03/25/2020 01:12 PM]
March 23, 2020 Filing 33 CORRECTED ORDER: correcting court order: [32]; reason(s): typographical changes. Service as of this date by the Clerk of Court. [681131] [NL] [Entered: 03/23/2020 05:27 PM]
March 23, 2020 Opinion or Order Filing 32 ORDER filed denying [ # 2 ] motion for temporary injunction pending appeal filed by Takeda Pharmaceuticals U.S.A., Inc. The interim injunction granted in the courts March 10, 2020 order is lifted.; granting motion to expedite [ # 17 ] to the extent that Takedas opening brief is due no later than March 27, 2020; Alkem Laboratories Limiteds response brief is due no later than April 17, 2020; Takedas reply brief is due no later than April 24, 2020; and the joint appendix is due no later than April 27, 2020. The appeal will be placed on the June 2020 oral argument calendar. (Per Curiam). Service as of this date by the Clerk of Court. [681098] [NL] [Entered: 03/23/2020 04:33 PM]
March 23, 2020 Filing 31 Letter from Appellant Takeda Pharmaceuticals U.S.A., Inc. re ECF No. 25. Service: 03/23/2020 by email. [681014] [20-1545] [Porter Fleming] [Entered: 03/23/2020 02:43 PM]
March 18, 2020 Filing 30 REPLY of Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited to response [ # 29 ]. Service: 03/18/2020 by email. [680015] [20-1545] [Charles Klein] [Entered: 03/18/2020 04:00 PM]
March 16, 2020 Filing 29 RESPONSE of Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC to the motion [ # 23 ]. Service: 03/16/2020 by email. [679261] [20-1545] [Neal Seth] [Entered: 03/16/2020 05:07 PM]
March 16, 2020 Filing 28 REPLY of Appellant Takeda Pharmaceuticals U.S.A., Inc. to response [ # 27 ], response [ # 26 ]. Service: 03/16/2020 by email. [679256] [20-1545] [Porter Fleming] [Entered: 03/16/2020 04:59 PM]
March 13, 2020 Filing 27 RESPONSE of Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC to the motion [ # 2 ] filed by Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/13/2020 by email. [678774] [20-1545] [Neal Seth] [Entered: 03/13/2020 05:21 PM]
March 13, 2020 Filing 26 RESPONSE of Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC to the motion [ # 17 ] filed by Appellant Takeda Pharmaceuticals U.S.A., Inc., motion [ # 17 ] filed by Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/13/2020 by email. [678668] [20-1545] [Neal Seth] [Entered: 03/13/2020 01:38 PM]
March 12, 2020 Opinion or Order Filing 25 ORDER filed. The court's January 29, 2020 order in Appeal Nos. 2020-1407, -1417, leaving in place the district court's order for Mylan Pharmaceuticals Inc. to maintain the status quo, remains in effect. (Per Curiam). Service as of this date by the Clerk of Court. [678370] [20-1407, 20-1545] [LMS] [Entered: 03/12/2020 04:17 PM]
March 11, 2020 Opinion or Order Filing 24 ORDER filed. Any opposition to the amici motion [ # 23 ] shall be filed no later than five days from the date of issuance of this order. Any reply is due no later than two days from the filing of the response. Service as of this date by the Clerk of Court. [677799] [NL] [Entered: 03/11/2020 10:34 AM]
March 10, 2020 Filing 23 MOTION of Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited for leave to file an amicus curiae brief [Consent: opposed]. Service: 03/10/2020 by email. [677706] [20-1545] [Charles Klein] [Entered: 03/10/2020 06:52 PM]
March 10, 2020 Filing 22 Certificate of Interest for Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited. Service: 03/10/2020 by email. [677705] [20-1545] [Charles Klein] [Entered: 03/10/2020 06:47 PM]
March 10, 2020 Filing 21 Entry of appearance for Dan H. Hoang as of counsel for Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited. Service: 03/10/2020 by email. [677703] [20-1545] [Dan Hoang] [Entered: 03/10/2020 06:42 PM]
March 10, 2020 Filing 20 Entry of appearance for Charles B. Klein as principal counsel for Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited. Service: 03/10/2020 by email. [677700] [20-1545] [Charles Klein] [Entered: 03/10/2020 06:36 PM]
March 10, 2020 Opinion or Order Filing 19 ORDER filed directing Alkem to respond the injunction pending appeal [ # 2 ] no later than five days from the date of filing of this order. Any reply in support of the motion is due no later than two days thereafter. Takedas request for an interim injunction is granted to the extent that the district courts order that Alkem maintain the status quo shall remain in effect through March 24, 2020. (Per Curiam). Service as of this date by the Clerk of Court. [677585] [NL] [Entered: 03/10/2020 01:54 PM]
March 10, 2020 Opinion or Order Filing 18 ORDER directing Alkem Laboratories Limited to respond to the motion to expedite [ # 17 ] no later than five days from the date of filing of this order. Any reply in support of the motion is due no later than one day thereafter. Service as of this date by the Clerk of Court. [677539] [NL] [Entered: 03/10/2020 11:57 AM]
March 9, 2020 Filing 17 MOTION of Appellant Takeda Pharmaceuticals U.S.A., Inc. to expedite briefing schedule, to expedite hearing [Consent: opposed]. Service: 03/09/2020 by email. [677349] [20-1545] [Edgar Haug] [Entered: 03/09/2020 05:00 PM]
March 9, 2020 Filing 16 Docketing Statement for the Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/09/2020 by email. [677320] [20-1545] [Edgar Haug] [Entered: 03/09/2020 03:53 PM]
March 9, 2020 Filing 15 Letter from Appellant Takeda Pharmaceuticals U.S.A., Inc. ECF Nos. 6 and 13. Service: 03/09/2020 by email. [677315] [20-1545] [Porter Fleming] [Entered: 03/09/2020 03:47 PM]
March 9, 2020 Filing 14 Entry of appearance for Lawrence M. Sung as of counsel for Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Service: 03/09/2020 by email. [677273] [20-1545] [Lawrence Sung] [Entered: 03/09/2020 03:01 PM]
March 9, 2020 Filing 13 Notice of Correction to Doc No. [ # 6 ] for Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Service: 03/09/2020 by email. [677232] [20-1545] [Teresa Summers] [Entered: 03/09/2020 12:58 PM]
March 9, 2020 Filing 12 Certificate of Interest for Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/09/2020 by email. [677189] [20-1545] [Edgar Haug] [Entered: 03/09/2020 11:35 AM]
March 9, 2020 Filing 11 Entry of appearance for Camille Y. Turner as of counsel for Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/09/2020 by email. [677187] [20-1545] [Jonathan Herstoff] [Entered: 03/09/2020 11:28 AM]
March 9, 2020 Filing 10 Entry of appearance for Jonathan A. Herstoff as of counsel for Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/09/2020 by email. [677186] [20-1545] [Jonathan Herstoff] [Entered: 03/09/2020 11:27 AM]
March 9, 2020 Filing 9 Entry of appearance for Porter F. Fleming as of counsel for Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/09/2020 by email. [677185] [20-1545] [Porter Fleming] [Entered: 03/09/2020 11:25 AM]
March 9, 2020 Filing 8 Entry of appearance for Edgar H. Haug as principal counsel for Appellant Takeda Pharmaceuticals U.S.A., Inc.. Service: 03/09/2020 by email. [677184] [20-1545] [Edgar Haug] [Entered: 03/09/2020 11:22 AM]
March 9, 2020 Filing 7 Entry of appearance for Teresa M. Summers as of counsel for Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Service: 03/09/2020 by email. [677177] [20-1545] [Teresa Summers] [Entered: 03/09/2020 11:02 AM]
March 9, 2020 Filing 6 MODIFIED ENTRY: Letter from Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC (Opposition to Any Interim Temporary Injunction). Service: 03/09/2020 by email. [677176]--[Edited 03/10/2020 by JAL - Reason: to correct filing event] [Neal Seth] [Entered: 03/09/2020 10:59 AM]
March 9, 2020 Filing 5 Certificate of Interest for Appellee Ascend Laboratories, LLC. Service: 03/09/2020 by email. [677173] [20-1545] [Neal Seth] [Entered: 03/09/2020 10:55 AM]
March 9, 2020 Filing 4 Certificate of Interest for Appellee Alkem Laboratories Limited. Service: 03/09/2020 by email. [677170] [20-1545] [Neal Seth] [Entered: 03/09/2020 10:53 AM]
March 9, 2020 Filing 3 Entry of appearance for A. Neal Seth as principal counsel for Appellees Alkem Laboratories Limited and Ascend Laboratories, LLC. Service: 03/09/2020 by email. [677167] [20-1545] [Neal Seth] [Entered: 03/09/2020 10:52 AM]
March 9, 2020 Filing 2 MOTION of Appellant Takeda Pharmaceuticals U.S.A., Inc. for temporary injunction [Consent: opposed]. Service: 03/06/2020 by email. [677137] [JAL] [Entered: 03/09/2020 09:42 AM]
March 9, 2020 Filing 1 Appeal docketed. Received: 03/06/2020. [677127] Entry of Appearance is due 03/23/2020. Certificate of Interest is due on 03/23/2020. Docketing Statement is due 03/23/2020. Appellant's brief is due 05/08/2020. [JAL] [Entered: 03/09/2020 09:30 AM]

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Defendant / appellee: ALKEM LABORATORIES LIMITED
Represented By: Teresa Marie Summers
Represented By: Lawrence M. Sung
Represented By: Neal Seth
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Defendant / appellee: ASCEND LABORATORIES, LLC
Represented By: Teresa Marie Summers
Represented By: Lawrence M. Sung
Represented By: Neal Seth
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Plaintiff / appellant: TAKEDA PHARMACEUTICALS U.S.A., INC.
Represented By: Porter F. Fleming
Represented By: Jonathan Herstoff
Represented By: Edgar Haug
Represented By: Camille Yvette Turner
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Amicus curiae: HIKMA PHARMACEUTICALS INTERNATIONAL LIMITED
Represented By: Charles B. Klein
Represented By: Dan Hoang
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Amicus curiae: HIKMA PHARMACEUTICALS USA, INC.
Represented By: Charles B. Klein
Represented By: Dan Hoang
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