Medytox, Inc. v. Galderma S.A.
| MEDYTOX, INC. |
| GALDERMA S.A., GALDERMA LABORATORIES INC., GALDERMA LABORATORIES, L.P., GALDERMA RESEARCH AND DEVELOPMENT, S.N.C., NESTLE SKIN HEALTH, INC., NESTLE SKIN HEALTH S.A., NESTLE S.A., SHDS, INC. and GALDERMA HOLDINGS S.A. |
| KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office |
| 22-1165 |
| November 19, 2021 |
| U.S. Court of Appeals, Federal Circuit |
| Other |
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| Filing 59 Response to notice of oral argument from Appellees Galderma S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., SHDS, Inc. and Galderma Holdings S.A.. Service: 01/27/2023 by email. [900327] [22-1165] [Joseph Mahoney] [Entered: 01/27/2023 04:10 PM] |
| Filing 58 Response to notice of oral argument from Appellant Medytox, Inc.. Service: 01/27/2023 by email. [900225] [22-1165] [Vishal Gupta] [Entered: 01/27/2023 01:23 PM] |
| Filing 57 Response to notice of oral argument from Intervenor Katherine K. Vidal. Service: 01/25/2023 by email. [899589] [22-1165] [Robert McBride] [Entered: 01/25/2023 03:09 PM] |
| Filing 56 NOTICE OF ORAL ARGUMENT. Panel: 2303A. Case scheduled March 6, 2023. Response to Notice of Oral Argument due: 02/06/2023. 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 . Service as of this date by the Clerk of Court. [898698] [MJL] [Entered: 01/23/2023 02:51 PM] |
| Filing 55 The following conflict date submitted by Vishal C. Gupta for Medytox, Inc. has been accepted by the court: 04/03/2023. The following conflict dates are not accepted at this time: 01/09/2023, 01/10/2023, 01/11/2023, 01/12/2023, 01/13/2023, 04/04/2023, 04/05/2023, 04/06/2023, 04/07/2023. [871571] [MJL] [Entered: 09/14/2022 08:26 AM] |
| Filing 54 Notice from Appellant Medytox, Inc. regarding conflicts with oral argument. Service: 09/13/2022 by email. [871549] [22-1165] [Vishal Gupta] [Entered: 09/13/2022 07:00 PM] |
| Filing 53 Clerk's Note to the File: the conflict dates requested for Galderma Laboratories Inc., Galderma Laboratories, L.P., et al. (see Doc. No. [ # 52 ]) are not accepted at this time. [871308] [MJL] [Entered: 09/13/2022 08:28 AM] |
| Filing 52 Notice from Appellees Galderma Holdings S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C. and Galderma S.A. regarding conflicts with oral argument. Service: 09/12/2022 by email. [871289] [22-1165] [Joseph Mahoney] [Entered: 09/12/2022 06:37 PM] |
| Filing 51 The following conflict date submitted by Robert McBride for Katherine K. Vidal has been accepted by the court: 11/07/2022. [871201] [MJL] [Entered: 09/12/2022 02:04 PM] |
| Filing 49 Notice from Intervenor Katherine K. Vidal regarding conflicts with oral argument. Service: 09/12/2022 by email. [871163] [22-1165] [Robert McBride] [Entered: 09/12/2022 12:44 PM] |
| Filing 50 6 paper copies of Doc. No. [ # 42 ], [ # 38 ], [ # 16 ] received from Appellant Medytox, Inc.. [871195] [VDW] [Entered: 09/12/2022 01:52 PM] |
| Filing 48 6 paper copies of Doc. No. [ # 32 ] received from Intervenor Katherine K. Vidal. [871068] [VDW] [Entered: 09/12/2022 09:33 AM] |
| Filing 46 Clerk's Note to the File: The conflict date requested by the Director (see Doc. No. [ # 45 ]) is not accepted at this time. [870932] [MJL] [Entered: 09/09/2022 02:30 PM] |
| Filing 47 6 paper copies of Doc. No. [ # 33 ] received from Appellees Galderma Holdings S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A. and SHDS, Inc.. [870964] [VDW] [Entered: 09/09/2022 03:44 PM] |
| Filing 45 Notice from Intervenor Katherine K. Vidal regarding conflicts with oral argument. Service: 09/07/2022 by email. [870353] [22-1165] [Robert McBride] [Entered: 09/07/2022 01:29 PM] |
| Filing 44 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [870271] [KMH] [Entered: 09/07/2022 09:44 AM] |
| Filing 43 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [870268] [KMH] [Entered: 09/07/2022 09:40 AM] |
| Filing 42 CORRECTED REPLY BRIEF FILED by Appellant Medytox, Inc.. Service: 08/31/2022 by email. [870244] This document has been accepted. See Order [ # 41 ]. [KMH] [Entered: 09/07/2022 09:19 AM] |
Filing 41
ORDER granting motion to extend time to file brief [ # 40 ] filed by Appellant Medytox, Inc. ECF No. 40-2 is accepted for filing. Service as of this date by the Clerk of Court. [870231] [LMS] [Entered: 09/07/2022 09:11 AM]
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| Filing 40 MOTION of Appellant Medytox, Inc. for Leave to File Corrected Reply Brief Out of Time. Service: 08/31/2022 by email. [869366] [22-1165] [Vishal Gupta] [Entered: 08/31/2022 08:52 PM] |
| Filing 39 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellees Galderma Holdings S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A., SHDS, Inc. and Appellant Medytox, Inc.. Service: 08/26/2022 by email. [868537] [22-1165] [Vishal Gupta] [Entered: 08/26/2022 07:34 PM] |
| Filing 38 MODIFIED ENTRY: APPENDIX FILED by Appellant Medytox, Inc., Appellees Galderma Holdings S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A., SHDS, Inc. and Intervenor Katherine K. Vidal. Service: 08/26/2022 by email. [868535] --[Edited 09/06/2022 by KMH - compliance review complete] [Vishal Gupta] [Entered: 08/26/2022 07:27 PM] |
| Filing 37 NOTICE OF NON-COMPLIANCE: The submission of Appellant Medytox, Inc., Reply Brief [ # 36 ], is not in compliance with the rules of this court (see attached). Compliant document due on 09/01/2022. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [868214] [KMH] [Entered: 08/25/2022 08:43 AM] |
| Filing 36 REPLY BRIEF FILED by Appellant Medytox, Inc.. Service: 08/19/2022 by email. [867456] [22-1165] This document is non-compliant. See Doc No. [ # 37 ] [Vishal Gupta] [Entered: 08/20/2022 12:00 AM] |
| Filing 35 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 34 ] filed by Appellant Medytox, Inc. The reply brief is due 08/19/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [862089] [JCW] [Entered: 07/20/2022 01:44 PM] |
| Filing 34 MOTION of Appellant Medytox, Inc. to extend the time to 08/19/2022 to file brief. Service: 07/20/2022 by email. [862059] [22-1165] [Vishal Gupta] [Entered: 07/20/2022 12:20 PM] |
| Filing 33 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees Galderma Holdings S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A. and SHDS, Inc.. Service: 07/15/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [861387] --[Edited 07/18/2022 by JCW - compliance review complete] [Joseph Mahoney] [Entered: 07/15/2022 06:01 PM] |
| Filing 32 MODIFIED ENTRY: INTERVENOR BRIEF FILED by Intervenor Katherine K. Vidal. Service: 07/15/2022 by email. [861333] --[Edited 07/15/2022 by JCW - compliance review complete] [Robert McBride] [Entered: 07/15/2022 02:58 PM] |
| Filing 31 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 30 ] filed by Appellees Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma S.A., Galderma Research and Development, S.N.C., SHDS, Inc. and Galderma Holdings S.A.. The response brief is due 07/15/2022.. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [857599] [JCW] [Entered: 06/27/2022 01:47 PM] |
| Filing 30 MOTION of Appellees Galderma S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., SHDS, Inc. and Galderma Holdings S.A. to extend the time to 07/15/2022 to file brief. Service: 06/27/2022 by email. [857588] [22-1165] [Joseph Mahoney] [Entered: 06/27/2022 01:32 PM] |
| Filing 29 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 28 ] filed by Intervenor Katherine K. Vidal. The intervenor brief is due 07/15/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [857446] [JCW] [Entered: 06/27/2022 09:15 AM] |
| Filing 28 MOTION of Intervenor Katherine K. Vidal to extend the time to 07/15/2022 to file brief. Service: 06/27/2022 by email. [857423] [22-1165] [Robert McBride] [Entered: 06/27/2022 08:27 AM] |
| Filing 27 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 26 ] filed by Appellees Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma S.A., Galderma Research and Development, S.N.C., SHDS, Inc. and Galderma Holdings S.A.. The response brief is due 07/06/2022.. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [850850] [JCW] [Entered: 05/20/2022 08:56 AM] |
| Filing 26 MOTION of Appellees Galderma Holdings S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A. and SHDS, Inc. to extend the time to 07/06/2022 to file brief. Service: 05/19/2022 by email. [850812] [22-1165] [Joseph Mahoney] [Entered: 05/19/2022 06:02 PM] |
| Filing 25 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 24 ] filed by Intervenor Katherine K. Vidal. The intervenor brief is due 07/06/2022. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [850626] [JCW] [Entered: 05/19/2022 09:43 AM] |
| Filing 24 MOTION of Intervenor Katherine K. Vidal to extend the time to 07/06/2022 to file brief. Service: 05/19/2022 by email. [850620] [22-1165] [Robert McBride] [Entered: 05/19/2022 09:29 AM] |
| Filing 23 Docketing Statement for the Intervenor Katherine K. Vidal. Service: 04/27/2022 by email. [845675] [22-1165] [Robert McBride] [Entered: 04/27/2022 10:06 AM] |
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Filing 22
ORDER modifying the official caption. The revised official caption is reflected in the order; The intervenor is directed to file a docketing statement no later than 14 days from the date of filing of this order. The stay of the briefing schedule is lifted. The appellees' and the intervenor's briefs are due no later than 40 days from the date of filing of this order. Service as of this date by the Clerk of Court. [845579] [NL] [Entered: 04/26/2022 05:25 PM]
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| Filing 21 Entry of appearance for Robert E. McBride; Thomas W. Krause; Farheena Y. Rasheed; Sarah E. Craven as counsel for Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Service: 04/25/2022 by email. [845072] [22-1165] [Robert McBride] [Entered: 04/25/2022 07:58 AM] |
| Filing 20 Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 04/25/2022 by email. [845071] [22-1165] [Robert McBride] [Entered: 04/25/2022 07:55 AM] |
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Filing 19
ORDER Notice of Medytox's constitutional challenge [ # 18 ] is hereby certified to the Attorney General. No later than 30 days from the date of filing of this order, the Attorney General is directed to inform this court whether the United States intends to intervene in this appeal. The briefing schedule is stayed. Service as of this date by the Clerk of Court. [838835] [LMS] [Entered: 03/24/2022 12:47 PM]
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| Filing 18 Notice Regarding Federal Rule of Appellate Procedure 44(a) for Appellant Medytox, Inc.. Service: 03/23/2022 by email. [838700] [22-1165] [Vishal Gupta] [Entered: 03/23/2022 07:17 PM] |
| Filing 17 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [ # 16 ],Doc No. [ # 16 ], ERROR: Upon review of Appellant's opening brief for compliance with the Rules, it appears the brief may raise an argument falling under Fed. R. App. P. 44. CORRECTION: Counsel is reminded to submit the required notice if Fed. R. App. P. 44 applies. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [838409] [JCW] [Entered: 03/22/2022 04:01 PM] |
| Filing 16 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Medytox, Inc. Service: 02/28/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [833950] --[Edited 03/01/2022 by JCW - compliance review complete] [Vishal Gupta] [Entered: 02/28/2022 11:57 PM] |
| Filing 15 Amended Certificate of Interest for Appellant Medytox, Inc.. Service: 02/28/2022 by email. [833948] [22-1165] [Vishal Gupta] [Entered: 02/28/2022 10:33 PM] |
| Filing 14 Amended Entry of appearance for Vishal Gupta; Tyler Doh; Christopher Suarez; John J. Molenda as counsel for Appellant Medytox, Inc.. Service: 02/25/2022 by email. [833685] [22-1165] [Vishal Gupta] [Entered: 02/25/2022 04:15 PM] |
| Filing 13 Amended Entry of appearance for Vishal Gupta; Tyler Doh; Christopher Suarez as counsel for Appellant Medytox, Inc.. Service: 02/03/2022 by email. [828958] [22-1165] [Vishal Gupta] [Entered: 02/03/2022 07:08 PM] |
| Filing 12 Certified list received. Service: 12/28/2021 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [821609] [EKD] [Entered: 12/28/2021 04:47 PM] |
| Filing 11 Entry of appearance for Joseph A. Mahoney; Erick J. Palmer; Amanda S. Bonner as counsel for Appellees Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., SHDS, Inc., Galderma Holdings S.A. and Galderma S.A.. Service: 12/20/2021 by email. [819806] [22-1165] [Joseph Mahoney] [Entered: 12/20/2021 12:01 PM] |
| Filing 10 NOTICE OF NON-COMPLIANCE: The submission of Appellees Galderma Holdings S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A. and SHDS, Inc., Entry of Appearance [ # 3 ], is not in compliance with the rules of this court (see attached). Service as of this date by the Clerk of Court. [819177] [JCW] [Entered: 12/16/2021 11:21 AM] |
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Filing 9
ORDER granting motion to modify the official caption [ # 2 ] filed by Appellees. The revised official caption is reflected in the order. Service as of this date by the Clerk of Court. [819126] [NL] [Entered: 12/16/2021 09:46 AM]
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| Filing 8 Docketing Statement for the Appellant Medytox, Inc.. Service: 12/03/2021 by email. [816152] [22-1165] [Vishal Gupta] [Entered: 12/03/2021 01:25 PM] |
| Filing 7 Certificate of Interest for Appellant Medytox, Inc.. Service: 12/03/2021 by email. [816151] [22-1165] [Vishal Gupta] [Entered: 12/03/2021 01:24 PM] |
| Filing 6 Entry of appearance for Vishal Gupta as counsel for Appellant Medytox, Inc.. Service: 12/03/2021 by email. [816150] [22-1165] [Vishal Gupta] [Entered: 12/03/2021 01:23 PM] |
| Filing 5 Docketing Statement for the Appellees Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A., Nestle S.A., Nestle Skin Health S.A. and Nestle Skin Health, Inc.. Service: 12/03/2021 by email. [816133] [22-1165] [Joseph Mahoney] [Entered: 12/03/2021 12:34 PM] |
| Filing 4 Certificate of Interest for Appellees Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A., Nestle S.A., Nestle Skin Health S.A. and Nestle Skin Health, Inc.. Service: 12/03/2021 by email. [816129] [22-1165] [Joseph Mahoney] [Entered: 12/03/2021 12:32 PM] |
| Filing 3 Entry of appearance for Joseph A. Mahoney; Erick J. Palmer; Amanda S. Bonner as counsel for Appellees Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A., Nestle S.A., Nestle Skin Health S.A. and Nestle Skin Health, Inc.. Service: 12/03/2021 by email. [816126] [22-1165] This document is non-compliant. See Doc No.[ # 10 ] [Joseph Mahoney] [Entered: 12/03/2021 12:29 PM] |
| Filing 2 MOTION of Appellees Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., Galderma S.A., Nestle S.A., Nestle Skin Health S.A. and Nestle Skin Health, Inc. to modify the official caption. Service: 12/03/2021 by email. [816123] [22-1165] [Joseph Mahoney] [Entered: 12/03/2021 12:25 PM] |
| Filing 1 Appeal docketed. Received: 11/18/2021. [813597] Entry of Appearance is due on 12/03/2021. Certificate of Interest is due on 12/03/2021. Docketing Statement is due on 12/03/2021. Certified List is due on 12/29/2021. [JCW] [Entered: 11/19/2021 09:16 AM] |
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