AstraZeneca AB v. Mylan Pharmaceuticals Inc.
| ASTRAZENECA AB and ASTRAZENECA PHARMACEUTICALS LP |
| MYLAN PHARMACEUTICALS INC. and KINDEVA DRUG DELIVERY L.P. |
| 23-1267 |
| December 20, 2022 |
| U.S. Court of Appeals, Federal Circuit |
| Patent Infringement (Fed. Qst.) |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ASTRAZENECA AB v. MYLAN PHARMACEUTICALS INC. |
Docket Report
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| Document Text |
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| Filing 54 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 02/17/2023 by email. [904981] [23-1267] [David Berl] [Entered: 02/17/2023 06:31 PM] |
| Filing 53 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 02/17/2023 by email. [904978] [23-1267] [Nathan Kelley] [Entered: 02/17/2023 06:11 PM] |
| Filing 52 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Mylan Pharmaceuticals Inc., Kindeva Drug Delivery L.P. and Appellees AstraZeneca Pharmaceuticals LP and AstraZeneca AB. Service: 02/17/2023 by email. [904976] [23-1267] [Nathan Kelley] [Entered: 02/17/2023 06:03 PM] |
| Filing 51 CONFIDENTIAL APPENDIX FILED by Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 02/17/2023 by email. (PENDING COMPLIANCE REVIEW) [904973] [23-1267] [Nathan Kelley] [Entered: 02/17/2023 06:00 PM] |
| Filing 50 APPENDIX FILED by Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 02/17/2023 by email. (PENDING COMPLIANCE REVIEW) [904972] [23-1267] [Nathan Kelley] [Entered: 02/17/2023 05:58 PM] |
| Filing 49 REPLY BRIEF FILED by Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 02/16/2023 by email. (PENDING COMPLIANCE REVIEW) [904765] [23-1267] [Shannon Bloodworth] [Entered: 02/16/2023 06:41 PM] |
| Filing 48 Corrected Certificate of Service filed by Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to Doc No. [47]. Service: 02/09/2023 by email. [903817] [23-1267] [David Berl] [Entered: 02/13/2023 03:17 PM] |
| Filing 47 MODIFIED ENTRY: CONFIDENTIAL RESPONSE BRIEF FILED by Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 02/09/2023 by email. [903351]--[Edited 02/14/2023 by ALK - compliance review complete] [David Berl] [Entered: 02/09/2023 10:33 PM] |
| Filing 46 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 02/09/2023 by email. [903350] --[Edited 02/14/2023 by ALK - compliance review complete] [David Berl] [Entered: 02/09/2023 10:31 PM] |
| Filing 45 6 paper copies of Doc. No. [ # 39 ] received from Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc.. [903318] [VDW] [Entered: 02/09/2023 04:34 PM] |
| Filing 44 Response to notice of oral argument from Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 02/06/2023 by email. [902152] [23-1267] [Nathan Kelley] [Entered: 02/06/2023 02:19 PM] |
| Filing 43 REPLY of Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. to response [ # 42 ]. Service: 02/06/2023 by email. [902137] [23-1267] [Shannon Bloodworth] [Entered: 02/06/2023 01:38 PM] |
| Filing 42 RESPONSE of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to Doc No. [ # 40 ], [ # 37 ]. Service: 02/01/2020 by email. [901426] [23-1267] [David Berl] [Entered: 02/01/2023 09:21 PM] |
| Filing 41 Response to notice of oral argument from Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 02/01/2023 by email. [901417] [23-1267] [David Berl] [Entered: 02/01/2023 05:49 PM] |
| Filing 40 MOTION of Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. to reconsider Doc. No. [ # 31 ], [ # 31 ], [ # 31 ]. Service: 01/31/2023 by email. [900986] [23-1267] [Shannon Bloodworth] [Entered: 01/31/2023 03:57 PM] |
| Filing 39 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc. Service: 01/31/2023 by email. 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). [900985]--[Edited 02/01/2023 by ALK - compliance review complete] [Andrew Dufresne] [Entered: 01/31/2023 03:56 PM] |
| Filing 38 Notice of Correction to Doc No. [ # 35 ], [ # 37 ] for Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 01/31/2023 by clerk. [900982] [23-1267] [Andrew Dufresne] [Entered: 01/31/2023 03:53 PM] |
| Filing 37 MOTION of Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. to reconsider Doc. No. [ # 31 ], [ # 31 ], [ # 31 ]. Service: 01/27/2023 by email. [900312] [23-1267]. This document has been corrected. See Doc. No. [ # 40 ] [Shannon Bloodworth] [Entered: 01/27/2023 03:34 PM] |
| Filing 36 Notice of Correction to Doc No. [ # 35 ] for Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 01/26/2023 by clerk. [899956] [23-1267] [Andrew Dufresne] [Entered: 01/26/2023 02:42 PM] |
| Filing 35 CORRECTED OPENING BRIEF FILED by Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. Service: 01/26/2023 by clerk. [899952] [23-1267] [Andrew Dufresne] [Entered: 01/26/2023 02:40 PM] |
| Filing 34 Clerk's Note to the File: The paper copies of the Opening Brief [ # 24 ] must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [899378] [MMA] [Entered: 01/25/2023 09:32 AM] |
| Filing 33 NOTICE OF ORAL ARGUMENT. Panel: 2303L. Case scheduled March 8, 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. [898818] [MJL] [Entered: 01/23/2023 04:28 PM] |
| Filing 32 REMINDER : Counsel Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. are reminded of their responsibility per Fed. Cir. R. 47.3 to promptly submit an amended Entry of Appearance (EOA) as information changes during the pendency of the appeal. Each user account must also be updated. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [898816] [MMA] [Entered: 01/23/2023 04:27 PM] |
Filing 31
ORDER filed denying Mylan's Rule 8 motion [ # 5 ]. The temporary stay entered on December 21, 2022, is lifted.; granting motion to expedite [ # 7 ] to the following extent: (a) in Appeal No. 2023-1267, AstraZeneca's response brief is due no later than February 9, 2023; Mylan's reply brief is due no later than February 16, 2023; the joint appendix is due no later than February 17, 2023; and (b) Appeal Nos. 2023-1164 and 2023-1267 shall be considered companion cases and set for argument before the same panel on March 8, 2023, at 10:00 AM, superseding the notice of oral argument for Appeal No. 2023-1164 issued on December 9, 2022. (Per Curiam). Service as of this date by the Clerk of Court. [896981] [23-1267, 23-1164] [LMS] [Entered: 01/13/2023 03:34 PM]
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| Filing 30 REPLY of Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. to response [ # 20 ]. Service: 01/06/2023 by clerk. [895391] [23-1267] [Andrew Dufresne] [Entered: 01/06/2023 06:34 PM] |
| Filing 29 REPLY of Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. to response [ # 19 ]. Service: 01/06/2023 by clerk. [895389] [23-1267] [Andrew Dufresne] [Entered: 01/06/2023 06:24 PM] |
| Filing 28 Confidential 01.05.2023 Corrected Opposition to Mylan's Motion to Stay filed by Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP corresponding to Doc. No. [ # 27 ]. Service: 01/05/2023 by email. [894842] [23-1267] [David Berl] [Entered: 01/05/2023 11:57 AM] |
| Filing 27 RESPONSE of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to Doc No. [ # 5 ]. Service: 01/05/2023 by email. [894838] [23-1267] [David Berl] [Entered: 01/05/2023 11:54 AM] |
| Filing 26 Notice of Correction to Doc No. [21], [ # 20 ] for Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 01/05/2023 by email. [894835] [23-1267] [David Berl] [Entered: 01/05/2023 11:51 AM] |
| Filing 25 MOTION of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to correct or supplement Confidential document [21], response [ # 20 ]. Service: 01/05/2023 by email. [894832] [23-1267] [David Berl] [Entered: 01/05/2023 11:49 AM] |
| Filing 24 MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc. Service: 01/03/2023 by email. [894327]--[Edited 01/23/2023 by MMA - Reason: compliance review complete] This document has been corrected. See Doc No. [ # 39 ]. [Andrew Dufresne] [Entered: 01/03/2023 08:57 PM] |
| Filing 23 Docketing Statement for the Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 01/03/2023 by email. [894205] [23-1267] [Nathan Kelley] [Entered: 01/03/2023 02:19 PM] |
| Filing 22 Amended Certificate of Interest for Appellants Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P.. Service: 01/03/2023 by email. [894199] [23-1267] [Nathan Kelley] [Entered: 01/03/2023 02:11 PM] |
| Filing 21 Confidential Corrected AstraZeneca Opposition to Mylan's Motion to Stay filed by Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP corresponding to Doc. No. [ # 20 ]. Service: 01/03/2023 by email. [894161] [23-1267] [David Berl] [Entered: 01/03/2023 01:19 PM] |
| Filing 20 RESPONSE of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to Doc No. [ # 5 ]. Service: 01/03/2023 by email. [894159] [23-1267] [David Berl] [Entered: 01/03/2023 01:16 PM] |
| Filing 19 RESPONSE of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to Doc No. [ # 7 ], [ # 7 ]. Service: 01/03/2023 by email. [894157] [23-1267] [David Berl] [Entered: 01/03/2023 01:15 PM] |
| Filing 18 Corrected Certificate of Interest for Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 01/03/2023 by email. [894150] [23-1267] [David Berl] [Entered: 01/03/2023 01:06 PM] |
| Filing 17 Corrected Certificate of Interest for Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 01/03/2023 by email. [894148] [23-1267] [David Berl] [Entered: 01/03/2023 12:58 PM] |
| Filing 16 NOTICE OF NON-COMPLIANCE: The submission of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP, Certificate of Interest; Responses [ # 12 ], [ # 13 ], [14], [ # 15 ], is not in compliance with the rules of this court (see attached). Compliant document due on 01/06/2023. 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. [894129] [MMA] [Entered: 01/03/2023 12:04 PM] |
| Filing 15 RESPONSE of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to Doc No. [ # 7 ], [ # 7 ]. Service: 12/30/2022 by email. [894010] [23-1267] This document is non-compliant. See Doc No. [ # 16 ] [David Berl] [Entered: 12/30/2022 08:52 PM] |
| Filing 14 CONFIDENTIAL COMBINED RESPONSE BRIEF & APPX (FCR 30(e)) FILED by Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 12/30/2022 by email. [894009] [23-1267] This document is non-compliant. See Doc No. [ # 16 ] [David Berl] [Entered: 12/30/2022 08:51 PM] |
| Filing 13 RESPONSE of Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP to Doc No. [ # 5 ]. Service: 12/30/2022 by email. [894008] [23-1267] This document is non-compliant. See Doc No. [ # 16 ] [David Berl] [Entered: 12/30/2022 08:49 PM] |
| Filing 12 Certificate of Interest for Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 12/30/2022 by email. [893993] [23-1267] This document is non-compliant. See Doc No. [ # 16 ] [David Berl] [Entered: 12/30/2022 04:50 PM] |
| Filing 11 Docketing Statement for the Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 12/30/2022 by email. [893990] [23-1267] [David Berl] [Entered: 12/30/2022 04:46 PM] |
| Filing 10 Entry of appearance for David I. Berl; David M. Krinsky; Anthony Sheh; Jessica P. Ryen; Kevin D. Hoagland-Hanson; Arthur J. Argall III; Christopher N. Sipes; Gary M. Rubman; Tarek Austin; Matthew Kudzin as counsel for Appellees AstraZeneca AB and AstraZeneca Pharmaceuticals LP. Service: 12/30/2022 by email. [893989] [23-1267] [David Berl] [Entered: 12/30/2022 04:44 PM] |
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Filing 9
ORDER filed; The stay of the portions of the district court's judgment awarding relief under 35 U.S.C. 271(e)(4)(A) and the court's general equitable power shall continue to remain in effect until further notice of this court. AstraZeneca AB and AstraZeneca Pharmaceuticals LP (collectively, "AstraZeneca") are directed to respond to the motions [ # 5 ] [ # 7 ] no later than December 30, 2022. Mylan's replies are due no later than January 6, 2023. Mylan's opening brief is due no later than 01/03/2023. (Per Curiam). Service as of this date by the Clerk of Court. [892186] [NL] [Entered: 12/21/2022 03:13 PM]
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| Filing 8 Entry of appearance for Matthew Greinert as counsel for Appellant Mylan Pharmaceuticals Inc.. Service: 12/20/2022 by email. [891939] [23-1267] [Matthew Greinert] [Entered: 12/20/2022 04:52 PM] |
| Filing 7 MOTION of Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc. to expedite briefing schedule, to expedite hearing. Service: 12/20/2022 by email. [891888] [MMA] [Entered: 12/20/2022 03:35 PM] |
| Filing 6 Confidential Motion for an emergency stay pending appeal under Rule 8/18 filed by Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc. corresponding to Doc. No. [ # 5 ]. Service: 12/20/2022 by email. [891886] [MMA] [Entered: 12/20/2022 03:30 PM] |
| Filing 5 MOTION of Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc. for an emergency stay pending appeal under Rule 8/18. Service: 12/20/2022 by email. [891884] [MMA] [Entered: 12/20/2022 03:28 PM] |
| Filing 4 Certificate of Interest for Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc. Service: 12/20/2022 by clerk. [891879] [MMA] [Entered: 12/20/2022 03:21 PM] |
| Filing 3 Entry of appearance for Shannon Bloodworth; David Lee Anstaett; Dan L. Bagatell; Andrew Dufresne; Emily Jane Greb; Nathan K. Kelley; Brandon Michael Lewis as counsel for Appellants Kindeva Drug Delivery L.P. and Mylan Pharmaceuticals Inc. Service: 12/20/2022 by clerk. [891878] [MMA] [Entered: 12/20/2022 03:20 PM] |
| Filing 2 Amended notice of appeal from United States District Court for the Northern District of West Virginia. [891877] [MMA] [Entered: 12/20/2022 03:15 PM] |
| Filing 1 Appeal docketed. Received: 12/16/2022. [891874] Entry of Appearance due 01/03/2023. Certificate of Interest is due on 01/03/2023. Docketing Statement due 01/03/2023. Appellants' brief is due 02/21/2023. [MMA] [Entered: 12/20/2022 03:08 PM] |
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