Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc.
| VANDA PHARMACEUTICALS INC. |
| TEVA PHARMACEUTICALS USA, INC., APOTEX INC. and APOTEX CORP. |
| 23-1247 |
| December 15, 2022 |
| U.S. Court of Appeals, Federal Circuit |
| Patent - (ANDA) (Fed. Qst.) |
Opinions
We have the following opinions for this case:
| Description |
|---|
| VANDA PHARMACEUTICALS INC. v. TEVA PHARMACEUTICALS USA, INC. |
Docket Report
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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 CLERK'S OFFICE QUALITY CONTROL MESSAGE: The responses to notice of oral argument (RNOA) filed for John C. Rozendaal [ # 37 ] and Aaron S. Lukas [ # 38 ] idicate that two counsel intend to present oral argument on behalf of Teva Pharmaceuticals USA, Inc. Pursuant to FCR 34(e)(2), only one counsel may argue per party. CORRECTION: No later than 02/15/2023, Apotex and Teva shall file amended RNOAs that comply with the limitations of FCR 34(e)(2) or a motion to waive requirements. [902985] [MJL] [Entered: 02/08/2023 05:02 PM] |
| Filing 38 Response to notice of oral argument from Appellees Apotex Corp. and Apotex Inc.. Service: 02/06/2023 by email. [902206] [23-1247] [Aaron Lukas] [Entered: 02/06/2023 03:32 PM] |
| Filing 37 Response to notice of oral argument from Appellee Teva Pharmaceuticals USA, Inc.. Service: 02/06/2023 by email. [902196] [23-1247] [John Rozendaal] [Entered: 02/06/2023 03:23 PM] |
| Filing 36 Response to notice of oral argument from Appellant Vanda Pharmaceuticals Inc.. Service: 02/06/2023 by email. [902158] [23-1247] [Nicholas Groombridge] [Entered: 02/06/2023 02:25 PM] |
| Filing 35 6 paper copies of Doc. No. [ # 34 ] received from Appellant Vanda Pharmaceuticals Inc.. [900005] [VDW] [Entered: 01/26/2023 04:31 PM] |
| Filing 34 MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Vanda Pharmaceuticals Inc. Service: 01/23/2023 by email. [898844]--[Edited 01/25/2023 by MMA - Reason: compliance review complete] The 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). [Nicholas Groombridge] [Entered: 01/23/2023 06:12 PM] |
| Filing 33 Amended Entry of appearance for Nicholas Groombridge; Eric Alan Stone; Josephine Young; Daniel J. Klein; Michael Milea; Jennifer Rea Deneault as counsel for Appellant Vanda Pharmaceuticals Inc.. Service: 01/23/2023 by email. [898843] [23-1247] [Nicholas Groombridge] [Entered: 01/23/2023 06:10 PM] |
| Filing 32 NOTICE OF ORAL ARGUMENT. Panel: 2303K. Case scheduled March 14, 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. [898730] [MVH] [Entered: 01/23/2023 03:33 PM] |
| Filing 31 Clerk's Note to the File: This appeal will be scheduled for oral argument at 10:00 a.m. on 03/14/2023 in Washington, DC. A formal calendar notice will follow in due course. [895205] [MJL] [Entered: 01/06/2023 01:31 PM] |
| Filing 30 Docketing Statement for the Appellant Vanda Pharmaceuticals Inc.. Service: 12/29/2022 by email. [893727] [23-1247] [Daniel Klein] [Entered: 12/29/2022 09:56 PM] |
| Filing 29 Docketing Statement for the Appellees Apotex Corp. and Apotex Inc.. Service: 12/29/2022 by email. [893724] [23-1247] [William Coblentz] [Entered: 12/29/2022 07:48 PM] |
| Filing 28 Docketing Statement for the Appellee Teva Pharmaceuticals USA, Inc.. Service: 12/29/2022 by email. [893715] [23-1247] [John Rozendaal] [Entered: 12/29/2022 05:44 PM] |
Filing 27
ORDER filed denying [ # 2 ] the motion to enjoin, and this court's temporary injunction is now lifted.; granting motion to expedite [ # 24 ] filed by Appellant Vanda Pharmaceuticals Inc.; Vanda's opening brief is due no later than January 23, 2023; the appellees' response briefs are due no later than February 27, 2023; and Vanda's reply brief and the joint appendix are due no later than March 9, 2023. Oral argument will be addressed by separate order. (Per Curiam). Service as of this date by the Clerk of Court. [893327] [LMS] [Entered: 12/28/2022 01:00 PM]
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| Filing 26 REPLY of Appellant Vanda Pharmaceuticals Inc. to response [ # 25 ]. Service: 12/28/2022 by email. [893211] [23-1247] [Nicholas Groombridge] [Entered: 12/28/2022 08:47 AM] |
| Filing 25 RESPONSE of Appellees Teva Pharmaceuticals USA, Inc., Apotex Inc. and Apotex Corp. to Doc No. [ # 2 ]. Service: 12/23/2022 by email. [892835] [23-1247] [John Rozendaal] [Entered: 12/23/2022 04:58 PM] |
| Filing 24 MOTION of Appellant Vanda Pharmaceuticals Inc. to expedite briefing schedule. Service: 12/23/2022 by email. [892663] [23-1247] [Daniel Klein] [Entered: 12/23/2022 11:45 AM] |
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Filing 23
ORDER filed The motion for reconsideration [ # 9 ] is granted in part and denied in part. The temporary injunction issued by this court on December 16, 2022, will remain in effect until the court enters an order on Vanda Pharmaceuticals Inc's motion for a stay of the district court's order pending appeal. However, the schedule for the remaining briefs on the motion for a stay will be expedited. (see order for further details) (Per Curiam). Service as of this date by the Clerk of Court. [892454] [NL] [Entered: 12/22/2022 12:27 PM]
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| Filing 22 REPLY of Appellee Teva Pharmaceuticals USA, Inc. to response [ # 19 ], response [ # 16 ]. Service: 12/22/2022 by email. [892389] [23-1247] [John Rozendaal] [Entered: 12/22/2022 10:48 AM] |
| Filing 21 Transcript Purchase Order Form for the Appellant Vanda Pharmaceuticals Inc. indicating that a request is made to the reporter for a transcript. Service: 12/21/2022 by email. [892110] [23-1247] [Daniel Klein] [Entered: 12/21/2022 01:43 PM] |
| Filing 20 Confidential APPELLANTS OPPOSITION TO APPELLEES EMERGENCY MOTION FOR REVIEW, RECONSIDERATION, OR MODIFICATION OF TEMPORARY INJUNCTION filed by Appellant Vanda Pharmaceuticals Inc. corresponding to Doc. No. [ # 19 ]. Service: 12/21/2022 by email. [892075] [23-1247] [Nicholas Groombridge] [Entered: 12/21/2022 11:58 AM] |
| Filing 19 RESPONSE of Appellant Vanda Pharmaceuticals Inc. to Doc No. [ # 9 ]. Service: 12/21/2022 by email. [892069] [23-1247] [Nicholas Groombridge] [Entered: 12/21/2022 11:47 AM] |
| Filing 18 Confidential Appellees Apotex Inc. and Apotex Corp.'s Opposition to Appellee Teva Pharmaceuticals USA, Inc.'s Emergency Motion for Review, Reconsideration, or Modification of Temporary Injunction (With Confidential Exhibit A) filed by Appellees Apotex Corp. and Apotex Inc. corresponding to Doc. No. [ # 16 ]. Service: 12/21/2022 by email. [892064] [23-1247] [William Coblentz] [Entered: 12/21/2022 11:42 AM] |
| Filing 17 Entry of appearance for Nicholas Groombridge, Eric Alan Stone, Josephine Young, Daniel J. Klein, Michael Milea, Jennifer Rea Deneault as counsel for Appellant Vanda Pharmaceuticals Inc.. Service: 12/21/2022 by email. [892063] [23-1247] [Nicholas Groombridge] [Entered: 12/21/2022 11:41 AM] |
| Filing 16 RESPONSE of Appellees Apotex Corp. and Apotex Inc. to Doc No. [ # 9 ]. Service: 12/21/2022 by email. [892062] [23-1247] [William Coblentz] [Entered: 12/21/2022 11:37 AM] |
| Filing 15 Certificate of Interest for Appellees Apotex Corp. and Apotex Inc.. Service: 12/21/2022 by email. [892061] [23-1247] [William Coblentz] [Entered: 12/21/2022 11:34 AM] |
| Filing 14 Entry of appearance for William Blake Coblentz; Aaron S. Lukas; Keri L. Schaubert as counsel for Appellees Apotex Corp. and Apotex Inc.. Service: 12/21/2022 by email. [892060] [23-1247] [William Coblentz] [Entered: 12/21/2022 11:32 AM] |
| Filing 13 Corrected Entry of appearance for Nicholas Groombridge; Eric Alan Stone; Josephine Young; Daniel J. Klein; Jennifer Rea Deneault; Michael F. Milea as counsel for Appellant Vanda Pharmaceuticals Inc.. Service: 12/20/2022 by email. [891861] [23-1247] [Daniel Klein] [Entered: 12/20/2022 02:57 PM] |
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Filing 12
ORDER filed Responses to ECF Nos. [ # 9 ] and [10] are due no later than Wednesday, December 21, 2022, at noon Eastern time. Any reply in support of ECF Nos. [ # 9 ] and [10] is due no later than Thursday, December 22, 2022, at 3:00pm Eastern time. (Per Curiam). Service as of this date by the Clerk of Court. [891626] [NL] [Entered: 12/19/2022 05:54 PM]
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| Filing 11 NOTICE OF NON-COMPLIANCE: The submission of Appellant Vanda Pharmaceuticals Inc., Entry of Appearance [ # 4 ], is not in compliance with the rules of this court (see attached). Compliant document due on 12/27/2022. Service as of this date by the Clerk of Court. [891617] [MMA] [Entered: 12/19/2022 05:29 PM] |
| Filing 10 Confidential MOTION of Appellee Teva Pharmaceuticals USA, Inc. to reconsider Doc. No. [ # 6 ] filed by Appellee Teva Pharmaceuticals USA, Inc. corresponding to Doc. No. [ # 9 ]. Service: 12/19/2022 by email. [891511] [23-1247]--[Edited 12/19/2022 by MMA to revise docket text] [John Rozendaal] [Entered: 12/19/2022 02:49 PM] |
| Filing 9 MOTION of Appellee Teva Pharmaceuticals USA, Inc. to reconsider Doc. No. [ # 6 ]. Service: 12/19/2022 by email. [891509]--[Edited 12/19/2022 by MMA - Reason: to correct filing event] [John Rozendaal] [Entered: 12/19/2022 02:44 PM] |
| Filing 8 Certificate of Interest for Appellee Teva Pharmaceuticals USA, Inc.. Service: 12/19/2022 by email. [891346] [23-1247] [John Rozendaal] [Entered: 12/19/2022 10:10 AM] |
| Filing 7 Entry of appearance for John Christopher Rozendaal; Deirdre M. Wells; Byron L. Pickard; William H. Milliken; Sasha S. Rao as counsel for Appellee Teva Pharmaceuticals USA, Inc.. Service: 12/19/2022 by email. [891345] [23-1247] [John Rozendaal] [Entered: 12/19/2022 10:07 AM] |
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Filing 6
ORDER filed directing appellees to respond to Vanda's motion at ECF No. 2 [ # 2 ] no later than December 29, 2022. Any reply is due no later than January 6, 2023.; granting ECF No. 3 [ # 3 ] to the extent that appellees are temporarily enjoined from commercial marketing and sale of their tasimelteon products while the court considers ECF No. 2.; (Per Curiam). Service as of this date by the Clerk of Court. [891127] [LMS] [Entered: 12/16/2022 12:55 PM]
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| Filing 5 Certificate of Interest for Appellant Vanda Pharmaceuticals Inc.. Service: 12/15/2022 by email. [890883] [23-1247] [Daniel Klein] [Entered: 12/15/2022 12:26 PM] |
| Filing 4 Entry of appearance for Nicholas Groombridge; Eric Alan Stone; Josephine Young; Daniel J. Klein; Jennifer Rea Deneault; Michael F. Milea as counsel for Appellant Vanda Pharmaceuticals Inc.. Service: 12/15/2022 by email. [890868] [23-1247] [Daniel Klein] [Entered: 12/15/2022 11:48 AM] |
| Filing 3 MOTION of Appellant Vanda Pharmaceuticals Inc. to enjoin generic launch pending this court's ruling on Appellant's Rule 8 motion [ # 2 ]. Service: 12/14/2022 by email. [890810] [MMA] [Entered: 12/15/2022 10:19 AM] |
| Filing 2 MOTION of Appellant Vanda Pharmaceuticals Inc. for temporary injunction. Service: 12/14/2022 by email. [890804] [MMA] [Entered: 12/15/2022 10:15 AM] |
| Filing 1 Appeal docketed. Received: 12/14/2022. [890798] Entry of Appearance due 12/29/2022. Certificate of Interest is due on 12/29/2022. Docketing Statement due 12/29/2022. Appellant's brief is due 02/13/2023. [MMA] [Entered: 12/15/2022 10:00 AM] |
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