Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC
| JAZZ PHARMACEUTICALS, INC. |
| AVADEL CNS PHARMACEUTICALS, LLC |
| PUBLIC INTEREST PATENT LAW INSTITUTE, ROBIN FELDMAN, ELIANA BOOKBINDER, NISKANEN CENTER and BRIAN MAHN |
| 23-1186 |
| November 28, 2022 |
| U.S. Court of Appeals, Federal Circuit |
| Patent Infringement (Fed. Qst.) |
Opinions
We have the following opinions for this case:
| Description |
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 Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, Inc
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Docket Report
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This docket was last retrieved on January 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 56 6 paper copies of Doc. No. [50] received from Appellant Jazz Pharmaceuticals, Inc.. [899986] [VDW] [Entered: 01/26/2023 03:56 PM] |
| Filing 55 MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Jazz Pharmaceuticals, Inc.. Service: 01/25/2023 by email. [899534] --[Edited 01/25/2023 by KMH - compliance review complete] [Steven Horowitz] [Entered: 01/25/2023 01:54 PM] |
| Filing 54 Certificate of Interest for Amici Curiae Eliana Bookbinder, Robin Feldman, Brian Mahn, Niskanen Center and Public Interest Patent Law Institute. Service: 01/24/2023 by email. [899078] [23-1186] [David Bookbinder] [Entered: 01/24/2023 12:35 PM] |
| Filing 53 Notice to Amici Curiae Eliana Bookbinder, Robin Feldman, Brian Mahn, Niskanen Center and Public Interest Patent Law Institute: The record of this case indicates that no separately filed Certificate of Interest under FCR 47.4 has been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [898974] [KMH] [Entered: 01/24/2023 10:17 AM] |
| Filing 52 NOTICE OF NON-COMPLIANCE: The submission of Appellant Jazz Pharmaceuticals, Inc. and Appellee Avadel CNS Pharmaceuticals, LLC, NonConfidential Appendix [ # 49 ], is not in compliance with the rules of this court (see attached). Compliant document due on 01/31/2023. Service as of this date by the Clerk of Court. [898962] [KMH] [Entered: 01/24/2023 10:10 AM] |
| Filing 51 Certificate of Compliance with Rule 25.1(c)(2) for Appellee Avadel CNS Pharmaceuticals, LLC and Appellant Jazz Pharmaceuticals, Inc.. Service: 01/20/2023 by email. [898517] [23-1186] [Steven Horowitz] [Entered: 01/20/2023 11:19 PM] |
| Filing 50 MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellant Jazz Pharmaceuticals, Inc. and Appellee Avadel CNS Pharmaceuticals, LLC. Service: 01/20/2023 by email. [898514]--[Edited 01/24/2023 by KMH - compliance review complete] Paper copies of this brief must be submitted within five business days from the date of issuance of this notice. [Steven Horowitz] [Entered: 01/20/2023 11:10 PM] |
| Filing 49 APPENDIX FILED by Appellant Jazz Pharmaceuticals, Inc. and Appellee Avadel CNS Pharmaceuticals, LLC. Service: 01/20/2023 by email. [898513] [23-1186] This document is non-compliant. See Doc No. [ # 52 ] [Steven Horowitz] [Entered: 01/20/2023 11:00 PM] |
| Filing 48 MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Jazz Pharmaceuticals, Inc.. Service: 01/20/2023 by email. [898502] --[Edited 01/24/2023 by KMH - compliance review complete] Paper copies of this brief must be submitted within five business days from the date of issuance of this notice. [Steven Horowitz] [Entered: 01/20/2023 07:29 PM] |
| Filing 47 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 01/20/2023 by email. [898483] [23-1186] [Kenneth Schuler] [Entered: 01/20/2023 05:31 PM] |
| Filing 46 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Jazz Pharmaceuticals, Inc. and Appellee Avadel CNS Pharmaceuticals, LLC. Service: 01/20/2023 by email. [898472] [23-1186] [Steven Horowitz] [Entered: 01/20/2023 04:50 PM] |
| Filing 44 Entry of appearance for David Bookbinder as counsel for Public Interest Patent Law Institute; Professor Robin Feldman; Eliana Bookbinder; Brian Mahn; and the Niskanen Center. Service: 01/18/2023 by email. [898058] [KMH] [Entered: 01/19/2023 03:09 PM] |
| Filing 43 MODIFIED ENTRY: AMICUS BRIEF FILED by Niskanen Center, Eliana Bookbinder, Robin Feldman, Brian Mahn, and Public Interest Patent Law Institute. Service: 01/18/2023 by email. [897838]--[Edited 01/19/2023 by KMH- compliance review complete (Entry of Appearance removed and docketed as [ # 44 ])] Paper copies of this brief must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [David Bookbinder] [Entered: 01/18/2023 06:08 PM] |
| Filing 42 6 paper copies of Doc. No. [ # 41 ] received from Appellee Avadel CNS Pharmaceuticals, LLC. [897777] [VDW] [Entered: 01/18/2023 04:07 PM] |
| Filing 45 6 paper copies of Doc. No. [ # 39 ] received from Appellant Jazz Pharmaceuticals, Inc.. [898105] [VDW] [Entered: 01/19/2023 03:48 PM] |
| Filing 41 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Avadel CNS Pharmaceuticals, LLC. Service: 01/13/2023 by email. [897072] --[Edited 01/17/2023 by KMH - compliance review complete] Paper copies of this brief must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [Kenneth Schuler] [Entered: 01/13/2023 06:05 PM] |
| Filing 40 Amended Certificate of Interest for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 01/13/2023 by email. [897070] [23-1186] [Kenneth Schuler] [Entered: 01/13/2023 06:00 PM] |
| Filing 39 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Jazz Pharmaceuticals, Inc. Service: 01/12/2023 by email. [896729]--[Edited 01/13/2023 by KMH - compliance review complete] Paper copies of this brief must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [Steven Horowitz] [Entered: 01/12/2023 05:30 PM] |
| Filing 38 Notice of Correction to Doc No. [ # 32 ] for Appellant Jazz Pharmaceuticals, Inc.. Service: 01/12/2023 by email. [896728] [23-1186] [Steven Horowitz] [Entered: 01/12/2023 05:28 PM] |
| Filing 37 Amended Entry of appearance for Daralyn J. Durie; Kira A. Davis; Katherine E. McNutt; Rebecca E. Weires as counsel for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 01/09/2023 by email. [895725] [23-1186] [Rebecca Weires] [Entered: 01/09/2023 05:34 PM] |
| Filing 36 6 paper copies of Doc. No. [ # 32 ] received from Appellant Jazz Pharmaceuticals, Inc.. [895635] [VDW] [Entered: 01/09/2023 03:20 PM] |
| Filing 35 Notice to Jazz Pharmaceuticals, Inc.: The record of this case indicates that paper copies of the opening brief have not been provided pursuant to FCR 25(c)(3) (see notice associated with Doc. No. [ # 32 ]). Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [894759] [MJL] [Entered: 01/05/2023 10:08 AM] |
| Filing 34 Response to notice of oral argument from Appellee Avadel CNS Pharmaceuticals, LLC. Service: 12/29/2022 by email. [893616] [23-1186] [Gabriel Bell] [Entered: 12/29/2022 01:42 PM] |
| Filing 33 Response to notice of oral argument from Appellant Jazz Pharmaceuticals, Inc.. Service: 12/21/2022 by email. [892261] [23-1186] [Steven Horowitz] [Entered: 12/21/2022 05:29 PM] |
| Filing 32 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Jazz Pharmaceuticals, Inc.. Service: 12/16/2022 by email. [891290] --[Edited 12/21/2022 by KMH - compliance review complete] Paper copies of this brief must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). This document has been corrected. See Doc No. [ # 39 ] [Steven Horowitz] [Entered: 12/16/2022 09:18 PM] |
| Filing 31 Entry of appearance for Steven J. Horowitz as counsel for Jazz Pharmaceuticals, Inc. Service: 12/14/2022 by email. [891068] [MJL] [Entered: 12/16/2022 11:02 AM] |
Filing 30
ORDER filed granting Jazz Pharmaceuticals, Inc.'s motion [ # 29 ] for leave to file an entry of appearance. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [891066] [MJL] [Entered: 12/16/2022 11:00 AM]
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| Filing 29 MOTION of Appellant Jazz Pharmaceuticals, Inc. for leave to file entry of appearance for Steven J. Horowitz. Service: 12/14/2022 by email. [890682] [23-1186] [Francis Cerrito] [Entered: 12/14/2022 04:11 PM] |
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Filing 28
ORDER filed granting motion for stay pending appeal under Rule 8/18 [ # 5 ] to the extent that the district court's November 18, 2022, order is stayed until further notice of this court. (Per Curiam). Service as of this date by the Clerk of Court. [890502] [LMS] [Entered: 12/14/2022 08:41 AM]
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| Filing 27 Docketing Statement for the Appellee Avadel CNS Pharmaceuticals, LLC. Service: 12/12/2022 by email. [890027] [23-1186] [Kenneth Schuler] [Entered: 12/12/2022 02:26 PM] |
| Filing 26 Confidential Reply in support of motion for stay pending appeal filed by Appellant Jazz Pharmaceuticals, Inc. corresponding to Doc. No. [ # 25 ]. Service: 12/08/2022 by email. [889512] [23-1186] [Francis Cerrito] [Entered: 12/08/2022 10:34 PM] |
| Filing 25 REPLY of Appellant Jazz Pharmaceuticals, Inc. to response [ # 20 ]. Service: 12/08/2022 by email. [889511] [23-1186] [Francis Cerrito] [Entered: 12/08/2022 10:31 PM] |
| Filing 24 Entry of appearance for Charles S. Dameron;Sarah E. Propst;Audra M. Sawyer;Daniel M. Silver;Rebecca E. Weires as counsel for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 12/08/2022 by clerk. [889399] [MVH] [Entered: 12/08/2022 01:27 PM] |
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Filing 23
ORDER filed granting motion leave to appear as counsel [ # 22 ] filed by Appellee Avadel CNS Pharmaceuticals, LLC. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [889397] [MVH] [Entered: 12/08/2022 01:25 PM]
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| Filing 22 MOTION of Appellee Avadel CNS Pharmaceuticals, LLC for leave to file entry of appearance for Charles S. Dameron;Sarah E. Propst;Audra M. Sawyer;Daniel M. Silver;Rebecca E. Weires. Service: 12/07/2022 by email. [889021] [23-1186] [Kenneth Schuler] [Entered: 12/07/2022 11:17 AM] |
| Filing 21 NOTICE OF NON-COMPLIANCE: The submission of Appellee Avadel CNS Pharmaceuticals, LLC, Entry of Appearance [ # 18 ], is not in compliance with the rules of this court (see attached). Compliant document due on 12/13/2022. Service as of this date by the Clerk of Court. [888495]--[Edited 12/06/2022 by KMH to correct docket text] [KMH] [Entered: 12/06/2022 09:21 AM] |
| Filing 20 RESPONSE of Appellee Avadel CNS Pharmaceuticals, LLC to Doc No. [ # 5 ]. Service: 12/05/2022 by email. [888451] [23-1186] [Kenneth Schuler] [Entered: 12/05/2022 08:33 PM] |
| Filing 19 Amended Certificate of Interest for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 12/05/2022 by email. [888443] [23-1186] [Kenneth Schuler] [Entered: 12/05/2022 07:08 PM] |
| Filing 18 Entry of appearance for Charles S. Dameron; Sarah Propst; Audra M. Sawyer; Daniel M. Silver; Rebecca E. Weires as counsel for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 12/05/2022 by email. [888442] [23-1186] This document is non-compliant. See Doc No. [ # 21 ]. [Charles Dameron] [Entered: 12/05/2022 07:02 PM] |
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Filing 17
ORDER filed; The district court's November 18, 2022, injunction continues to be temporarily stayed until further notice of this court. Avadel's response to Jazz's motion to stay is due no later than today, and any reply in support of the motion to stay is due no later than three days from the date of entry of this order. (Per Curiam). Service as of this date by the Clerk of Court. [888357] [LMS] [Entered: 12/05/2022 03:47 PM]
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| Filing 16 NOTICE OF ORAL ARGUMENT. Panel: 2302A. Case scheduled February 14, 2023. Response to Notice of Oral Argument due: 12/30/2022. 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. [888346] [MJL] [Entered: 12/05/2022 03:29 PM] |
| Filing 15 Confidential Letter regarding Order denying Jazz's Motion for Stay Pending Appeal (Per Court's order of November 29, 2022 [ECF No. 10]) filed by Appellee Avadel CNS Pharmaceuticals, LLC corresponding to Doc. No. [ # 12 ]. Service: 12/05/2022 by email. [888245] [23-1186] [Gabriel Bell] [Entered: 12/05/2022 12:23 PM] |
| Filing 14 Confidential District Court Order on Motion to Stay filed by Appellant Jazz Pharmaceuticals, Inc. corresponding to Doc. No. [ # 13 ]. Service: 12/05/2022 by email. [888243] [23-1186] [Francis Cerrito] [Entered: 12/05/2022 12:21 PM] |
| Filing 13 Notice from Appellant Jazz Pharmaceuticals, Inc. Notice of District Court Order on Motion to Stay. Service: 12/05/2022 by email. [888241] [23-1186] [Francis Cerrito] [Entered: 12/05/2022 12:19 PM] |
| Filing 12 Letter from Appellee Avadel CNS Pharmaceuticals, LLC regarding Order denying Jazz's Motion for Stay Pending Appeal (Per Court's order of November 29, 2022 [ECF No. 10]). Service: 12/05/2022 by email. [888237] [23-1186] [Gabriel Bell] [Entered: 12/05/2022 12:17 PM] |
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Filing 11
ORDER filed granting the motion [ # 6 ] to the extent that: the opening brief is due no later than December 16, 2022, the response brief is due no later than January 13, 2023, the reply brief is due no later than January 20, 2023, and the joint appendix is due no later than January 20, 2023. No extensions will be granted. Oral argument will be addressed by separate order. (Per Curiam). Service as of this date by the Clerk of Court. [887558] [LMS] [Entered: 12/01/2022 02:51 PM]
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Filing 10
ORDER filed; The district court's November 18, 2022, injunction is temporarily stayed until further notice of this court. Jazz's motion to stay filed in this appeal is held in abeyance. The parties should promptly inform this court when the district court resolves the motion for a stay pending before that court. Jazz's opening brief is due December 16, 2022, as it proposes in its motion to expedite. (Per Curiam). Service as of this date by the Clerk of Court. [887001] [LMS] [Entered: 11/29/2022 03:42 PM]
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| Filing 9 RESPONSE of Appellee Avadel CNS Pharmaceuticals, LLC to Doc No. [ # 6 ], [ # 6 ]. Service: 11/29/2022 by email. [886906] [23-1186] [Kenneth Schuler] [Entered: 11/29/2022 11:45 AM] |
| Filing 8 Certificate of Interest for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 11/29/2022 by email. [886905] [23-1186] [Kenneth Schuler] [Entered: 11/29/2022 11:31 AM] |
| Filing 7 Entry of appearance for Kenneth G. Schuler; Gabriel K. Bell; Marc N. Zubick; Daralyn J. Durie; Kira A. Davis; Katherine E. McNutt as counsel for Appellee Avadel CNS Pharmaceuticals, LLC. Service: 11/29/2022 by email. [886904] [23-1186] [Kenneth Schuler] [Entered: 11/29/2022 11:28 AM] |
| Filing 6 MOTION of Appellant Jazz Pharmaceuticals, Inc. to expedite briefing schedule, to expedite.. Service: 11/28/2022 by email. [886827] [23-1186] [Francis Cerrito] [Entered: 11/28/2022 09:24 PM] |
| Filing 5 MOTION of Appellant Jazz Pharmaceuticals, Inc. for an emergency stay pending appeal under Rule 8/18. Service: 11/28/2022 by email. [886826] [23-1186] [Francis Cerrito] [Entered: 11/28/2022 09:21 PM] |
| Filing 4 Certificate of Interest for Appellant Jazz Pharmaceuticals, Inc.. Service: 11/28/2022 by email. [886820] [23-1186] [Francis Cerrito] [Entered: 11/28/2022 07:17 PM] |
| Filing 3 Docketing Statement for the Appellant Jazz Pharmaceuticals, Inc.. Service: 11/28/2022 by email. [886819] [23-1186] [Francis Cerrito] [Entered: 11/28/2022 07:15 PM] |
| Filing 2 Entry of appearance for F. Dominic Cerrito; Frank C. Calvosa; Gabriel P. Brier; Ellyde R. Thompson as counsel for Appellant Jazz Pharmaceuticals, Inc.. Service: 11/28/2022 by email. [886818] [23-1186] [Francis Cerrito] [Entered: 11/28/2022 07:14 PM] |
| Filing 1 Appeal docketed. Received: 11/23/2022. [886700] Entry of Appearance due 12/12/2022. Certificate of Interest is due on 12/12/2022. Docketing Statement due 12/12/2022. Appellant/Petitioner's brief is due 01/27/2023. [KMH] [Entered: 11/28/2022 02:44 PM] |
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