Duke University et al v. Sandoz Inc.
Plaintiff: Allergan Sales, LLC and Duke University
Defendant: Sandoz Inc.
Counter Defendant: Allergan, Inc.
Special Master: James Gregory Whitehair
Case Number: 1:2018cv00997
Filed: April 26, 2018
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: Marcia S Krieger
Referring Judge: Kristen L Mix
Nature of Suit: Patent
Cause of Action: 35:271
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 4, 2019 Filing 110 MOTION to Exclude Sandoz Inc.'s Motion under Fed. R. Evid. 702 by Defendant Sandoz Inc.. (Filarski, Thomas)
July 22, 2019 Opinion or Order Filing 109 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/22/19. Joint Motion to Amend Scheduling Order [ECF No. 36] and Minute Order [ECF Nos. 80, 92, and 105] #107 is GRANTED. Dispositive Motions due by 9/4/2019. Expert Discovery due 7/24/2019(lgale, )
July 19, 2019 Opinion or Order Filing 108 MEMORANDUM regarding #107 Joint Motion to Amend Scheduling Order and Minute Orders filed by Allergan Sales, LLC, Allergan, Inc., Duke University. Motion referred to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 7/19/2019. Text Only Entry (msklc4)
July 19, 2019 Filing 107 Joint MOTION to Amend/Correct/Modify 92 Order on Motion to Amend/Correct/Modify,,,, #80 Order on Motion to Amend/Correct/Modify, #105 Order on Motion to Amend/Correct/Modify, #36 Scheduling Order by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Flanagan, Elizabeth)
July 17, 2019 Filing 106 NOTICE of Entry of Appearance by Gretchen Porter Miller on behalf of Sandoz Inc.Attorney Gretchen Porter Miller added to party Sandoz Inc.(pty:dft) (Miller, Gretchen)
June 17, 2019 Opinion or Order Filing 105 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/17/19. Joint Motion to Amend Scheduling Order [ECF No. 36] and Minute Order [ECF Nos. 80 and 92] #103 is GRANTED. Discovery due by 7/19/2019. Dispositive Motions due by 8/9/2019. (lgale, )
June 14, 2019 Opinion or Order Filing 104 MEMORANDUM regarding #103 Joint MOTION to Amend/Correct/Modify 92 Order on Motion to Amend/Correct/Modify,,,, #80 Order on Motion to Amend/Correct/Modify, #36 Scheduling Order Scheduling Order and Minute Orders filed by Allergan Sales, LLC, Allergan, Inc., Duke University. Motions referred to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 6/14/19. Text Only Entry (msklc2, )
June 14, 2019 Filing 103 Joint MOTION to Amend/Correct/Modify 92 Order on Motion to Amend/Correct/Modify,,,, #80 Order on Motion to Amend/Correct/Modify, #36 Scheduling Order Scheduling Order and Minute Orders by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Flanagan, Elizabeth)
May 3, 2019 Opinion or Order Filing 102 ORDER Appointing Master for Discovery. Pursuant to Fed. R. Civ. P. 53, J. Gregory Whitehair, Esq. is APPOINTED MASTER for the purpose of managing and supervising discovery and resolving discovery disputes until further order of this Court, by Magistrate Judge Kristen L. Mix on 5/3/2019. (agarc, )
April 25, 2019 Opinion or Order Filing 101 NOTICE AND ORDER REGARDING APPOINTMENT OF SPECIAL MASTER by Magistrate Judge Kristen L. Mix on 4/25/19. (lgale, ) (Additional attachment(s) added on 4/25/2019: #1 Special Master Affidavit) (jgonz, ).
April 23, 2019 Filing 100 TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 04/12/2019 before Magistrate Judge Mix. Pages: 1-35. Prepared by: AB Court Reporting & Video, Inc.. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
April 23, 2019 Opinion or Order Filing 99 ORDER vacating Discovery Hearing set for April 24, 2019 at 1:00 p.m. On review of the parties' submissions, the court finds that this matter is suitable for appointment of a discovery Master pursuant to Fed. R. Civ. P. 53(a)(1)(C). Accordingly, the discovery hearing set for April 24, 2019 at 1:00 p.m. is VACATED. Further orders regarding appointment of a discovery Master will be entered in due course. By Magistrate Judge Kristen L. Mix on April 23, 2019. Text Only Entry (klm)
April 18, 2019 Filing 98 Joint STATUS REPORT by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Flanagan, Elizabeth)
April 16, 2019 Opinion or Order Filing 97 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/16/19. Discovery Hearing set for 4/24/2019 1:00 PM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (lgale, )
April 15, 2019 Opinion or Order Filing 96 ORDER withdrawing #41 Motion to Dismiss; granting #95 Motion to Withdraw Document: The motion to dismiss is deemed withdrawn. By Judge Marcia S. Krieger on 4/15/19. Text Only Entry (msklc2, )
April 15, 2019 Filing 95 Unopposed MOTION to Withdraw Document re #41 MOTION to Dismiss Sandoz's Counterclaims by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Flanagan, Elizabeth)
April 12, 2019 Filing 94 MINUTE ENTRY for Discovery Hearing held before Magistrate Judge Kristen L. Mix on 4/12/2019. FTR: KLM Courtroom A401. (lgale, )
April 4, 2019 Opinion or Order Filing 93 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/4/19. This matter is before the Court on a disputed discovery issue. Discovery Hearing set for 4/12/2019 09:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Attorneys who will be representing a party and who reside in Colorado shall appear in person in Courtroom A-401 of the Alfred A. Arraj United StatesCourthouse, 901 19th Street, Denver, Colorado. Any attorneys who do not reside in Colorado and who plan to attend the hearing shall appear by telephone by first conferencing together and then calling Chambers at (303) 335-2770 via a land line at the designated time. (nmarb, )
April 2, 2019 ***Set/Reset Deadlines: Status Report due by 4/18/2019 pursuant to 92 Order. (nmarb, )
April 2, 2019 Opinion or Order Filing 92 ORDER granting in part and denying in part #88 Motion to Amend/Correct/ModifyScheduling Order. In light of the previous Order staying discovery as to antitrust issues and for good cause shown, the Scheduling Order is amended as follows: The deadline to complete fact discovery relating to patent issues is extended to April 12, 2019 except for completion of the deposition of Christine Miller. The deadline to complete Ms. Miller's deposition is April 30, 2019. The deadline to file a Joint Status Report is extended to April 18, 2019. The deadline for final infringement contentions is extended to April 19, 2019. The deadline for final invalidity contentions is extended to May 3, 2019. The deadline for opening expert reports is extended to May 17, 2019. The deadline for rebuttal expert reports is extended to June 14, 2019. The expert discovery deadline is extended to June 28, 2019. All other deadlines are unchanged. The parties shall jointly propose a Scheduling Order regarding adjudication of Defendant's Counterclaims within 30 days of final adjudication of the patent claims in this Court. By Magistrate Judge Kristen L. Mix on April 2, 2019. Text Only Entry (klm)
April 2, 2019 Opinion or Order Filing 91 ORDER denying as moot #85 Motion for Hearing/Conference. In light of the Order on the parties' Joint Motion to Bifurcate and Stay Discovery and Trial on Counterclaims #76 , no hearing is necessary. By Magistrate Judge Kristen L. Mix on April 2, 2019. Text Only Entry (klm)
April 2, 2019 Opinion or Order Filing 90 ORDER granting #76 Joint Motion to Stay Discovery on Counterclaims and Bifurcate Trial on Counterclaims. For the reasons set forth in the Motion, discovery on Defendant's Counterclaims is STAYED and trial on the Counterclaims is BIFURCATED. Counterclaim Defendants shall file a motion to withdraw their pending Motion to Dismiss Counterclaims #41 no later than April 15, 2019. B Magistrate Judge Kristen L. Mix on April 2, 2019. Text Only Entry (klm)
March 29, 2019 Opinion or Order Filing 89 MEMORANDUM regarding #88 Joint MOTION to Amend/Correct/Modify #80 Order on Motion to Amend/Correct/Modify, #36 Scheduling Order filed by Sandoz Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 3/29/19. Text Only Entry (msklc2, )
March 28, 2019 Filing 88 Joint MOTION to Amend/Correct/Modify #80 Order on Motion to Amend/Correct/Modify, #36 Scheduling Order by Defendant Sandoz Inc.. (Attachments: #1 Proposed Order (PDF Only))(Filarski, Thomas)
March 14, 2019 Filing 87 NOTICE of Entry of Appearance of Counsel by Kelly Nicole Williams on behalf of Allergan Sales, LLC, Allergan, Inc., Duke University (Williams, Kelly)
March 13, 2019 Filing 86 MEMORANDUM regarding #76 Joint MOTION to Bifurcate and Stay Discovery and Trial Regarding Sandoz Inc.'s Counterclaims filed by Sandoz Inc., #85 Joint MOTION for Hearing/Conference re #76 Joint MOTION to Bifurcate and Stay Discovery and Trial Regarding Sandoz Inc.'s Counterclaims filed by Sandoz Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 3/12/19. Text Only Entry (msklc2, )
March 13, 2019 Filing 85 Joint MOTION for Hearing/Conference re #76 Joint MOTION to Bifurcate and Stay Discovery and Trial Regarding Sandoz Inc.'s Counterclaims by Defendant Sandoz Inc.. (Attachments: #1 Proposed Order (PDF Only))(Young, Daniel)
March 5, 2019 Opinion or Order Filing 84 ORDER granting #83 Motion to Withdraw as Attorney. Attorney Matthew Michael Zuziak terminated. By Judge Marcia S. Krieger on 3/5/19. Text Only Entry (msklc2, )
February 27, 2019 Filing 83 Unopposed MOTION to Withdraw as Attorney Matthew M. Zuziak by Defendant Sandoz Inc.. (Attachments: #1 Proposed Order (PDF Only))(Kappers, Robert)
February 20, 2019 Filing 82 STIPULATION for Extension of Time various discovery deadlines by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Flanagan, Elizabeth)
February 1, 2019 Filing 81 STIPULATION for Extension of Time to Respond to Sandoz, Inc.s Subpoena to Gregory J. Hartwig by Defendant Sandoz Inc.. (Filarski, Thomas)
January 31, 2019 Opinion or Order Filing 80 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/31/19. Stipulated Motion to Amend Scheduling Order #78 is GRANTED. Fact Discovery due 4/1/2019. Final Infringement Contentions due 4/15/2019. Final Invalidity Contentions due 4/29/2019. Opinion of Counsel due 2/11/2019. Status Report due by 4/8/2019. (lgale, )
January 30, 2019 Opinion or Order Filing 79 MEMORANDUM regarding #78 Stipulated MOTION to Amend/Correct/Modify #36 Scheduling Order filed by Sandoz Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 1/30/19. Text Only Entry (msklc2, )
January 30, 2019 Filing 78 Stipulated MOTION to Amend/Correct/Modify #36 Scheduling Order by Defendant Sandoz Inc.. (Attachments: #1 Proposed Order (PDF Only))(Filarski, Thomas)
January 28, 2019 Filing 77 NOTICE Plaintiffs' Request for Oral Argument on Defendant's Motion for Summary Judgment Based on Collateral Estoppel by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc. (Flanagan, Elizabeth)
January 22, 2019 Filing 76 Joint MOTION to Bifurcate and Stay Discovery and Trial Regarding Sandoz Inc.'s Counterclaims by Defendant Sandoz Inc.. (Attachments: #1 Proposed Order (PDF Only))(Filarski, Thomas)
January 18, 2019 Filing 75 STIPULATION for Extension of Time to respond to Sandoz Subpoena to Dr. Mitchel deLong by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Flanagan, Elizabeth)
January 17, 2019 Filing 74 REPLY to Response to #47 MOTION for Summary Judgment based on Collateral Estoppel filed by Defendant Sandoz Inc.. (Filarski, Thomas)
January 11, 2019 Filing 73 NOTICE of Entry of Appearance by Susan E. Morrison on behalf of Allergan Sales, LLC, Allergan, Inc., Duke University Attorney Susan E. Morrison added to party Allergan Sales, LLC(pty:pla), Attorney Susan E. Morrison added to party Allergan, Inc.(pty:cd), Attorney Susan E. Morrison added to party Duke University (pty:pla) (Morrison, Susan)
January 11, 2019 Filing 72 NOTICE of Entry of Appearance by Kelly A. Del Dotto on behalf of Allergan Sales, LLC, Allergan, Inc., Duke University Attorney Kelly A. Del Dotto added to party Allergan Sales, LLC(pty:pla), Attorney Kelly A. Del Dotto added to party Allergan, Inc.(pty:cd), Attorney Kelly A. Del Dotto added to party Duke University (pty:pla) (Del Dotto, Kelly)
January 11, 2019 Filing 71 NOTICE of Entry of Appearance by Phillip Wagner Goter on behalf of Allergan Sales, LLC, Allergan, Inc., Duke University Attorney Phillip Wagner Goter added to party Allergan Sales, LLC(pty:pla), Attorney Phillip Wagner Goter added to party Allergan, Inc.(pty:cd), Attorney Phillip Wagner Goter added to party Duke University (pty:pla) (Goter, Phillip)
January 11, 2019 Filing 70 NOTICE of Entry of Appearance by Deanna Jean Reichel on behalf of Allergan Sales, LLC, Allergan, Inc., Duke University Attorney Deanna Jean Reichel added to party Allergan Sales, LLC(pty:pla), Attorney Deanna Jean Reichel added to party Allergan, Inc.(pty:cd), Attorney Deanna Jean Reichel added to party Duke University (pty:pla) (Reichel, Deanna)
December 31, 2018 Filing 69 STIPULATION for Extension of Time to Respond to Discovery Requests by Defendant Sandoz Inc.. (Filarski, Thomas)
December 20, 2018 Filing 68 BRIEF in Opposition to #47 MOTION for Summary Judgment based on Collateral Estoppel filed by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 22, #14 Exhibit 23, #15 Exhibit 24, #16 Exhibit 25, #17 Exhibit 26, #18 Exhibit 27, #19 Exhibit 28, #20 Exhibit 29, #21 Exhibit 30, #22 Exhibit 31, #23 Exhibit 32, #24 Exhibit 33, #25 Exhibit 34, #26 Exhibit 35, #27 Exhibit 36, #28 Exhibit 37)(Flanagan, Elizabeth)
December 13, 2018 Opinion or Order Filing 67 ORDER granting #66 Motion for Extension of Time to File Response/Reply: Reply due Jan. 17, 2019. By Chief Judge Marcia S. Krieger on 12/13/18. Text Only Entry (msklc2, )
December 12, 2018 Filing 66 Unopposed MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Summary Judgment based on Collateral Estoppel by Defendant Sandoz Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Filarski, Thomas)
November 20, 2018 Filing 65 REPLY to Response to #43 MOTION for Order to Requesting Prioritized Consideration of Plaintiffs' Motions, ECF Nos. 41 and 42 filed by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Hochstadt, Eric)
November 20, 2018 Filing 64 REPLY to Response to #42 MOTION to Stay MOTION to Bifurcate Antitrust and Patent Misuse Counterclaims filed by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Hochstadt, Eric)
November 20, 2018 Filing 63 REPLY to Response to #41 MOTION to Dismiss Sandoz's Counterclaims filed by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Hochstadt, Eric)
November 20, 2018 Opinion or Order Filing 62 ORDER granting #59 Motion for Extension of Time to File Response/Reply: Plaintiffs shall respond to Defendant's #47 Motion for Summary Judgment by not later than 12/20/2018. by Chief Judge Marcia S. Krieger on 11/20/2018. Text Only Entry (msklc1, )
November 19, 2018 Filing 61 RESPONSE to #59 MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Summary Judgment based on Collateral Estoppel filed by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Flanagan, Elizabeth)
November 16, 2018 Filing 60 RESPONSE to #59 MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Summary Judgment based on Collateral Estoppel filed by Defendant Sandoz Inc.. (Filarski, Thomas)
November 16, 2018 Filing 59 MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Summary Judgment based on Collateral Estoppel by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Attachments: #1 Exhibit A)(Flanagan, Elizabeth)
November 13, 2018 Opinion or Order Filing 58 ORDER denying #23 Motion to Transfer Venue, and #24 Motion for Stay of Proceedings pending determination of its Motion to Transfer Venue, by Chief Judge Marcia S. Krieger on 11/13/18. (dkals, )
November 9, 2018 Filing 57 BRIEF in Opposition to #43 MOTION for Order to Requesting Prioritized Consideration of Plaintiffs' Motions, ECF Nos. 41 and 42 (correcting ECF 52, inadvertently linked to ECF 41, 42) filed by Defendant Sandoz Inc.. (Filarski, Thomas)
November 9, 2018 Filing 56 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #53 Declaration, filed by attorneyRobert F. Kappers.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (dkals, )
November 9, 2018 Filing 55 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #50 Declaration, filed by attorneyRobert F. Kappers.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dkals, )
November 9, 2018 Filing 54 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #48 Declaration, filed by attorneyMatthew Michael Zuziak.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dkals, )
November 8, 2018 Filing 53 DECLARATION of Robert F. Kappers regarding MOTION for Order to Requesting Prioritized Consideration of Plaintiffs' Motions, ECF Nos. 41 and 42 #43 by Defendant Sandoz Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Filarski, Thomas)
November 8, 2018 Filing 52 BRIEF in Opposition to #41 MOTION to Dismiss Sandoz's Counterclaims, #42 MOTION to Stay MOTION to Bifurcate Antitrust and Patent Misuse Counterclaims filed by Defendant Sandoz Inc.. (Filarski, Thomas)
November 8, 2018 Filing 51 BRIEF in Opposition to #42 MOTION to Stay MOTION to Bifurcate Antitrust and Patent Misuse Counterclaims filed by Defendant Sandoz Inc.. (Filarski, Thomas)
November 8, 2018 Filing 50 DECLARATION of Robert F. Kappers regarding Brief in Opposition to Motion #49 by Defendant Sandoz Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Filarski, Thomas)
November 8, 2018 Filing 49 BRIEF in Opposition to #41 MOTION to Dismiss Sandoz's Counterclaims filed by Defendant Sandoz Inc.. (Filarski, Thomas)
November 8, 2018 Filing 48 DECLARATION of Matthew M. Zuziak regarding MOTION for Summary Judgment based on Collateral Estoppel #47 by Defendant Sandoz Inc.. (Attachments: #1 Exhibit 1 - 11-cv-298 (MDNC) Final Judgment, #2 Exhibit 2 - 13-cv-16 (MDNC) Final Judgment, #3 Exhibit 3 - 14-cv-1034 (MDNC) Order and Judgment, #4 Exhibit 4 - 17-cv-823 (MDNC) Pltfs' Memo in Support of Mtn for Summary Judgment based on Collateral Estoppel, #5 Exhibit 5 - 17-cv-823 (MDNC) Defs' Opposition to Plfts' Mtn for Summary Judgment based on Collateral Estoppel, #6 Exhibit 6 - 17-cv-823 (MDNC) Pltfs' Reply in Support of Motion for Summary Judgment Based on Collateral Estoppel, #7 Exhibit 7- International Patent Application No. PCT/US98/02289, #8 Exhibit 8 - United States Patent No. 5,688,819, #9 Exhibit 9 - 11-cv-298 (MDNC) Complaint for Patent Infringement, #10 Proposed Order (PDF Only))(Filarski, Thomas)
November 8, 2018 Filing 47 MOTION for Summary Judgment based on Collateral Estoppel by Defendant Sandoz Inc.. (Filarski, Thomas)
November 7, 2018 Filing 46 TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 09/20/2018 before Magistrate Judge Mix. Pages: 1-50. Prepared by: AB Court Reporting & Video, Inc.. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
October 22, 2018 Opinion or Order Filing 45 ORDER denying #44 Motion for Leave: The Court sees no good cause at this time to preemptively permit multiple summary judgment motions. It is not readily apparent that all issues the Defendant intends to raise on summary judgment cannot effectively be raised in a single motion. By Chief Judge Marcia S. Krieger on 10/22/18. Text Only Entry (msklc2, )
October 22, 2018 Filing 44 MOTION for Leave to to File Additional Summary Judgment Motion by Defendant Sandoz Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only))(Filarski, Thomas)
October 18, 2018 Filing 43 MOTION for Order to Requesting Prioritized Consideration of Plaintiffs' Motions, ECF Nos. 41 and 42 by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Flanagan, Elizabeth)
October 18, 2018 Filing 42 MOTION to Stay , MOTION to Bifurcate Antitrust and Patent Misuse Counterclaims by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Flanagan, Elizabeth)
October 18, 2018 Filing 41 MOTION to Dismiss Sandoz's Counterclaims by Plaintiffs Allergan Sales, LLC, Duke University, Counter Defendant Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Flanagan Declaration, #3 Ex A to Flanagan Declaration, #4 Ex B to Flanagan Declaration, #5 Ex C to Flanagan Declaration, #6 Ex D to Flanagan Declaration, #7 Ex E to Flanagan Declaration, #8 Ex F to Flanagan Declaration, #9 Ex G to Flanagan Declaration, #10 Ex H to Flanagan Declaration)(Flanagan, Elizabeth)
October 18, 2018 Filing 40 NOTICE of Entry of Appearance by Eric Shaun Hochstadt on behalf of Allergan Sales, LLC, Duke University, Allergan, Inc.Attorney Eric Shaun Hochstadt added to party Allergan Sales, LLC(pty:pla), Attorney Eric Shaun Hochstadt added to party Duke University (pty:pla), Attorney Eric Shaun Hochstadt added to party Allergan, Inc.(pty:cd) (Hochstadt, Eric)
October 4, 2018 Filing 39 Proposed Scheduling Order Joint Proposed Amendment to Section 9 of Scheduling Order (Dkt. No. 36) by Plaintiffs Allergan Sales, LLC, Duke University. (Flanagan, Elizabeth)
October 4, 2018 Filing 38 TRANSCRIPT of Rule 16(b) Scheduling Conference held on September 20, 2018 before Magistrate Judge Mix. Pages: 1-47. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
September 25, 2018 Opinion or Order Filing 37 TRIAL PREPARATION ORDER by Chief Judge Marcia S. Krieger on 9/25/18. (dkals, )
September 20, 2018 Opinion or Order Filing 36 SCHEDULING ORDER IN A PATENT CASE by Magistrate Judge Kristen L. Mix on 9/20/18. (lgale, )
September 20, 2018 Filing 35 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 9/20/2018. Dispositive Motions due by 7/26/2019. Expert Discovery due 6/28/2019. Final Infringement Contentions due 3/29/2019. Final Invalidity Contentions due 4/19/2019. Invalidity Contentions due 9/21/2018. Infringement Contentions due 9/21/2018. Claim Construction Brief due 5/10/2019. Opinion of Counsel due 2/8/2019. Status Report due by 3/22/2019. FTR: KLM Courtroom A401. (Attachments: #1 Discovery Procedures and Requirements of Practice) (lgale, )
September 13, 2018 Filing 34 Proposed Scheduling Order in a Patent Case by Plaintiffs Allergan Sales, LLC, Duke University. (Flanagan, Elizabeth)
September 11, 2018 Opinion or Order Filing 33 STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY by Magistrate Judge Kristen L. Mix on 9/11/18. (lgale, )
September 11, 2018 Opinion or Order Filing 32 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 9/11/18. Joint Motion for Entry of Stipulated Protective Order #30 is GRANTED. (lgale, )
September 10, 2018 Opinion or Order Filing 31 MEMORANDUM regarding #30 Joint MOTION for Protective Order filed by Allergan Sales, LLC, Duke University. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 9/10/18. Text Only Entry (msklc2, )
September 10, 2018 Filing 30 Joint MOTION for Protective Order by Plaintiffs Allergan Sales, LLC, Duke University. (Attachments: #1 Stipulated Protective Order)(Flanagan, Elizabeth)
September 6, 2018 Filing 29 REPLY to Response to #24 MOTION to Stay re #23 MOTION to Transfer Case filed by Defendant Sandoz Inc.. (Filarski, Thomas)
September 6, 2018 Filing 28 REPLY to Response to #23 MOTION to Transfer Case filed by Defendant Sandoz Inc.. (Attachments: #1 Affidavit Declaration of Ryann M. Muir in Support of Sandoz Inc.'s Reply, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit B-5, #7 Exhibit B-6, #8 Exhibit B-7)(Filarski, Thomas)
August 23, 2018 Filing 27 DECLARATION of Elizabeth M. Flanagan regarding Brief in Opposition to Motion #26 , Brief in Opposition to Motion #25 by Plaintiffs Allergan Sales, LLC, Duke University. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Flanagan, Elizabeth)
August 23, 2018 Filing 26 BRIEF in Opposition to #24 MOTION to Stay re #23 MOTION to Transfer Case filed by Plaintiffs Allergan Sales, LLC, Duke University. (Flanagan, Elizabeth)
August 23, 2018 Filing 25 BRIEF in Opposition to #23 MOTION to Transfer Case filed by Plaintiffs Allergan Sales, LLC, Duke University. (Flanagan, Elizabeth)
August 2, 2018 Filing 24 MOTION to Stay re #23 MOTION to Transfer Case by Defendant Sandoz Inc.. (Attachments: #1 Affidavit Declaration of Ryann M. Muir in Support of Sandoz Inc.'s Motion to Stay, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Proposed Order (PDF Only) Proposed Order)(Filarski, Thomas)
August 2, 2018 Filing 23 MOTION to Transfer Case by Defendant Sandoz Inc.. (Attachments: #1 Exhibit Declaration of R. Muir, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit A-12, #14 Exhibit A-13, #15 Exhibit A-14, #16 Exhibit A-15, #17 Exhibit A-16, #18 Exhibit A-17, #19 Exhibit A-18, #20 Exhibit A-19, #21 Exhibit A-20, #22 Exhibit A-21, #23 Exhibit A-22, #24 Exhibit A-23, #25 Proposed Order (PDF Only))(Filarski, Thomas)
May 31, 2018 Filing 22 NOTICE of Entry of Appearance of Kathryn L. Bohmann by Kathryn Lenhart Bohmann on behalf of Sandoz Inc.Attorney Kathryn Lenhart Bohmann added to party Sandoz Inc.(pty:dft) (Bohmann, Kathryn)
May 31, 2018 Filing 21 NOTICE of Entry of Appearance of Daniel S. Young by Daniel Shaw Young on behalf of Sandoz Inc.Attorney Daniel Shaw Young added to party Sandoz Inc.(pty:dft) (Young, Daniel)
May 24, 2018 Filing 20 NOTICE of Entry of Appearance by Matthew Michael Zuziak on behalf of Sandoz Inc.Attorney Matthew Michael Zuziak added to party Sandoz Inc.(pty:dft) (Zuziak, Matthew)
May 24, 2018 Filing 19 NOTICE of Entry of Appearance by Ryann Morgan Muir on behalf of Sandoz Inc.Attorney Ryann Morgan Muir added to party Sandoz Inc.(pty:dft) (Muir, Ryann)
May 24, 2018 Filing 18 NOTICE of Entry of Appearance by Robert F. Kappers on behalf of Sandoz Inc.Attorney Robert F. Kappers added to party Sandoz Inc.(pty:dft) (Kappers, Robert)
May 24, 2018 Filing 17 NOTICE of Entry of Appearance by Vishal Gupta on behalf of Sandoz Inc.Attorney Vishal Gupta added to party Sandoz Inc.(pty:dft) (Gupta, Vishal)
May 24, 2018 Filing 16 NOTICE of Entry of Appearance by Thomas J. Filarski on behalf of Sandoz Inc.Attorney Thomas J. Filarski added to party Sandoz Inc.(pty:dft) (Filarski, Thomas)
May 21, 2018 Opinion or Order Filing 15 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 5/21/18. Scheduling Conference set for 9/20/2018 10:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (lgale, )
May 3, 2018 Filing 14 NOTICE of Entry of Appearance by Michael Patrick Dulin on behalf of Allergan Sales, LLC, Duke University Attorney Michael Patrick Dulin added to party Allergan Sales, LLC(pty:pla), Attorney Michael Patrick Dulin added to party Duke University (pty:pla) (Dulin, Michael)
April 27, 2018 Filing 13 NOTICE of Entry of Appearance by John Michael Farrell on behalf of Allergan Sales, LLC, Duke University Attorney John Michael Farrell added to party Allergan Sales, LLC(pty:pla), Attorney John Michael Farrell added to party Duke University (pty:pla) (Farrell, John)
April 27, 2018 Filing 12 NOTICE of Entry of Appearance by Elizabeth Marjorie Flanagan on behalf of Allergan Sales, LLC, Duke University Attorney Elizabeth Marjorie Flanagan added to party Allergan Sales, LLC(pty:pla), Attorney Elizabeth Marjorie Flanagan added to party Duke University (pty:pla) (Flanagan, Elizabeth)
April 27, 2018 Filing 11 NOTICE of Entry of Appearance by Jonathan Elliot Singer on behalf of Allergan Sales, LLC, Duke University Attorney Jonathan Elliot Singer added to party Allergan Sales, LLC(pty:pla), Attorney Jonathan Elliot Singer added to party Duke University (pty:pla) (Singer, Jonathan)
April 26, 2018 Opinion or Order Filing 10 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1) Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2) ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3) Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 04/26/2018. Text Only Entry (msklc4, )
April 26, 2018 Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, )
April 26, 2018 Filing 8 Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rvill, )
April 26, 2018 Filing 7 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rvill, )
April 26, 2018 Filing 6 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rvill, )
April 26, 2018 Filing 5 Case transferred in from District of Texas Eastern; Case Number 2:18-cv-00129. File, transfer order and docket sheet received
April 25, 2018 Interdistrict transfer to the District of Colorado. (ch, ) [Transferred from Texas Eastern on 4/26/2018.]
April 25, 2018 ***FILED IN ERROR PER CLERK***Interdistrict transfer to the Northern District of Texas Dallas Division. (ch, ) Modified on 4/25/2018 (ch, ). [Transferred from Texas Eastern on 4/26/2018.]
April 12, 2018 Opinion or Order Filing 4 ORDER - Attorney Andrea Leigh Fair terminated.. Signed by District Judge Rodney Gilstrap on 4/11/2018. (nkl, ) [Transferred from Texas Eastern on 4/26/2018.]
April 9, 2018 Filing 3 Unopposed MOTION to Withdraw as Attorney by Allergan Sales, LLC, Duke University. (Attachments: #1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 4/26/2018.]
April 3, 2018 Filing 2 COMPLAINT against Sandoz Inc., filed by Duke University, Allergan Sales, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(ch, ) [Transferred from Texas Eastern on 4/26/2018.]
April 3, 2018 Opinion or Order Filing 1 ORDER - ORDERED that Plaintiffs claims against Sandoz are SEVERED and TRANSFERRED to the District of Colorado, and Plaintiffs claims against Alcon are SEVERED and TRANSFERRED to the District of Delaware. (SEVERED FROM CASE 2:17-CV-528). Signed by District Judge Rodney Gilstrap on 4/3/2018. (ch, ) [Transferred from Texas Eastern on 4/26/2018.]

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Search for this case: Duke University et al v. Sandoz Inc.
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Plaintiff: Allergan Sales, LLC
Represented By: John Michael Farrell
Represented By: Michael Patrick Dulin
Represented By: Jonathan Elliot Singer
Represented By: Elizabeth Marjorie Flanagan
Represented By: Phillip Wagner Goter
Represented By: Deanna Jean Reichel
Represented By: Susan E. Morrison
Represented By: Eric Shaun Hochstadt
Represented By: Kelly A. Del Dotto
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Plaintiff: Duke University
Represented By: John Michael Farrell
Represented By: Michael Patrick Dulin
Represented By: Jonathan Elliot Singer
Represented By: Elizabeth Marjorie Flanagan
Represented By: Phillip Wagner Goter
Represented By: Deanna Jean Reichel
Represented By: Susan E. Morrison
Represented By: Eric Shaun Hochstadt
Represented By: Kelly A. Del Dotto
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Defendant: Sandoz Inc.
Represented By: Vishal Gupta
Represented By: Daniel Shaw Young
Represented By: Kathryn Lenhart Bohmann
Represented By: Thomas J. Filarski
Represented By: Ryann Morgan Muir
Represented By: Matthew Michael Zuziak
Represented By: Robert F. Kappers
Represented By: Gretchen Porter Miller
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Counter defendant: Allergan, Inc.
Represented By: Elizabeth Marjorie Flanagan
Represented By: Phillip Wagner Goter
Represented By: Deanna Jean Reichel
Represented By: Susan E. Morrison
Represented By: Eric Shaun Hochstadt
Represented By: Kelly A. Del Dotto
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Special master: James Gregory Whitehair
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