Bayer Intellectual Property GMBH et al v. The Hartz Mountain Corporation et al
| Bayer Intellectual Property GMBH, Bayer Healthcare LLC and Bayer Animal Health GmbH |
| The Hartz Mountain Corporation and CAP IM Supply, Inc. |
| 1:2017cv00175 |
| February 17, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Richard G Andrews |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Filing 49 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,384,938 B2. (Attachments: #1 Order (D.I. 47), #2 Order (D.I. 48))(nms) |
Filing 48
SO ORDERED Granting #46 Stipulation of Dismissal. Signed by Judge Richard G. Andrews on 5/1/2018. (nms)
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Filing 47
SO ORDERED Granting #45 Stipulation of Dismissal. Signed by Judge Richard G. Andrews on 5/1/2018. (nms)
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| CASE CLOSED per entry of D.I. #47 and #48 . (nms) |
| Filing 46 STIPULATION of Dismissal by CAP IM Supply, Inc.. (Keller, Karen) |
| Filing 45 STIPULATION of Dismissal by The Hartz Mountain Corporation. (Keller, Karen) |
| Filing 44 STIPULATION Further Extending Stay, by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (Dellinger, Megan) Modified on 3/27/2018 (nms). |
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SO ORDERED, re #44 Stipulation and Order Staying Case to May 31, 2018. Signed by Judge Richard G. Andrews on 3/27/2018. (nms)
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Filing 43
SO ORDERED Granting #42 Stipulation and Order Staying Case. The case is stayed through and including March 30, 2018. Signed by Judge Richard G. Andrews on 1/31/2018. (nms)
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| Filing 42 STIPULATION and Proposed Order Staying Case, by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (Dellinger, Megan) Modified on 1/31/2018 (nms). |
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Filing 41
ORAL ORDER re #40 Order Setting Mediation Conferences: The mediation set for 1/31/18 at 10:00 AM with Judge Thynge is cancelled. Ordered by Judge Mary Pat Thynge on 1/17/18. (cak)
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Filing 40
ORDER Setting Mediation Conferences: A Mediation Conference is set for 1/31/2018 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 1/9/18. (cak)
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Filing 39
ORAL ORDER: A teleconference to be initiated by counsel for the Plaintiff is scheduled for Tuesday, January 9, 2018 at 8:30 A.M. The purpose is to confirm whether mediation will proceed in late January 2018 and to set the mediation submission due date. Issued by Judge Mary Pat Thynge on 1/2/18. (kjk)
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Filing 38
ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 12/21/2017 at 9:30 AM Eastern Time before Judge Mary Pat Thynge. Ordered by Judge Mary Pat Thynge on 12/8/17. (cak)
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SO ORDERED, re #37 Stipulation and Order to Extend Time. Signed by Judge Richard G. Andrews on 11/27/2017. (nms)
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| Filing 37 STIPULATION and Proposed Order to extend time, by CAP IM Supply, Inc., The Hartz Mountain Corporation. (Fry, David) Modified on 11/27/2017 (nms). |
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Filing 36
ORAL ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 12/8/2017 at 8:00 AM Eastern Time before Judge Mary Pat Thynge. Ordered by Judge Mary Pat Thynge on 11/17/17. (cak)
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Filing 35
ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 11/17/2017 at 8:00 AM Eastern Time before Judge Mary Pat Thynge. Ordered by Judge Mary Pat Thynge on 10/19/17. (cak)
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| Filing 34 NOTICE OF SERVICE of (1) Bayer's Specification of Products Accused of Infringement and the Asserted Patent; (2) Bayer's Initial Disclosures Pursuant to Default Standard for Discovery; and (3) Bayer's Rule 26(a)(1) Initial Disclosures filed by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH.(Dellinger, Megan) |
| Filing 33 NOTICE OF SERVICE of (1) Defendant's Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery (2) Defendant's Rule 26(a)(1) Initial Disclosures filed by CAP IM Supply, Inc., The Hartz Mountain Corporation.(Hoeschen, Nathan) |
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Filing 32
SO ORDERED re #31 Proposed Stipulated Protective Order. Signed by Judge Richard G. Andrews on 9/12/2017. (nms)
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| Filing 31 PROPOSED Stipulated Protective Order, by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (Dellinger, Megan) Modified on 9/11/2017 (nms). |
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SO ORDERED, re #30 Stipulation and Order to Modify the Case Schedule. Signed by Judge Richard G. Andrews on 9/7/2017. (nms)
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| Filing 30 STIPULATION to Modify the Case Schedule, by CAP IM Supply, Inc., The Hartz Mountain Corporation. (Keller, Karen) Modified on 9/7/2017 (nms). |
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Filing 29
ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 10/19/2017 at 12:00 Noon Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 9/5/17. (cak)
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| CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) |
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Filing 28
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 9/12/2017. Discovery due by 11/14/2018. Dispositive Motions due by 3/15/2019. Joint Claim Construction Brief due by 6/12/2018. A Markman Hearing is set for 7/2/2018, at 9:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Pretrial Conference is set for 8/23/2019, at 9:00 AM in Courtroom 6A before Judge Richard G. Andrews. A 5 day Jury Trial is set for 9/9/2019, at 9:30 AM in Courtroom 6A before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 8/31/2017. (nms)
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| Filing 27 PROPOSED Scheduling Order, by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (Attachments: #1 Letter)(Dellinger, Megan) Modified on 8/31/2017 (nms). |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 8/24/2017. Counsel for Plaintiff to submit a revised Order with agreed upon dates. Appearances: J. Blumenfeld, G. Levin, S. McMahon for Plaintiffs; K. Keller, D. Fry for Defendants. (Court Reporter Valerie Gunning.) (ksr, ) |
| Filing 26 PROPOSED Scheduling Order, by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (Attachments: #1 Letter)(Dellinger, Megan) Modified on 8/22/2017 (nms). |
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Filing 25
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 8/24/2017, at 11:30 AM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 8/3/2017. (nms)
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| Filing 24 Letter to The Honorable Richard G. Andrews from David M. Fry regarding Rule 16 Conference. (Fry, David) Modified on 8/1/2017 (nms). |
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Filing 23
ORAL ORDER: The request to continue the Rule 16 conference scheduled for 6/26/2017 (D.I. #22 ), is GRANTED. Ordered by Judge Richard G. Andrews on 6/23/2017. (nms)
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| Filing 22 Letter to The Honorable Richard G. Andrews from David M. Fry regarding Rule 16 Conference - re #20 Order Setting Scheduling Conference. (Fry, David) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Gary H. Levin, Timothy J. Doyle, Stephanie M. Papastephanou and Samuel A. McMahon of BAKERHOSTETLER LLP - filed by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GmbH. (Blumenfeld, Jack) |
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SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney Gary H. Levin, Timothy J. Doyle, Stephanie M. Papastephanou and Samuel A. McMahon of BAKERHOSTETLER LLP, filed by Bayer Animal Health GmbH, Bayer Intellectual Property GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. Signed by Judge Richard G. Andrews on 6/23/2017. (nms)
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Filing 20
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 6/26/2017, at 3:00 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 6/14/2017. (nms)
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| Filing 19 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent CAP InnoVet, Inc. for CAP IM Supply, Inc. filed by CAP IM Supply, Inc.. (Keller, Karen) |
| Filing 18 ANSWER to #15 Amended Complaint, with JURY DEMAND, by CAP IM Supply, Inc..(Keller, Karen) Modified on 6/9/2017 (nms). |
| Filing 17 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Unicharm Corporation (Tokyo Japan), Other Affiliate Sumitomo Corporation (Tokyo Japan), Other Affiliate Sumitomo Corporation of the Americas (New York) for The Hartz Mountain Corporation filed by The Hartz Mountain Corporation. (Keller, Karen) |
| Filing 16 ANSWER to #15 Amended Complaint, with JURY DEMAND, by The Hartz Mountain Corporation.(Keller, Karen) Modified on 6/9/2017 (nms). |
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SO ORDERED, re #14 Stipulation and Order (*Reset Answer Deadlines: CAP IM Supply, Inc. answer due 6/9/2017; The Hartz Mountain Corporation answer due 6/9/2017) (see Stipulation for further details). Signed by Judge Richard G. Andrews on 5/12/2017. (nms)
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| Filing 15 AMENDED COMPLAINT for Patent Infringement against CAP IM Supply, Inc. and The Hartz Mountain Corporation - filed by Bayer Intellectual Property GMBH, Bayer Animal Health GmbH, Bayer Healthcare LLC. (Attachments: #1 Exhibits A-E)(Dellinger, Megan) Modified on 5/11/2017 (nms). |
| Filing 14 STIPULATION for Amended Complaint and Resolution of Motion re #9 MOTION to Dismiss, or, in the Alternative, to Sever and Stay by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (Dellinger, Megan) |
| Filing 13 STIPULATION TO EXTEND TIME [1) Plaintiffs to respond to Defendants' Motion to Dismiss or, in the Alternative, to Sever and Stay (D.I. 9), and (2) the time in which Plaintiffs may amend their complaint as a matter of course under Federal Rule of Civil Procedure 15(a)(1)(B)] to May 11, 2017 - filed by CAP IM Supply, Inc., The Hartz Mountain Corporation. (Fry, David) |
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SO ORDERED, re #13 STIPULATION TO EXTEND TIME to respond to the Motion to Dismiss or, in the Alternative, to Sever and Stay (D.I. 9), and the time to amend the complaint to 5/11/2017. Signed by Judge Richard G. Andrews on 5/4/2017. (nms)
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| Filing 12 STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' Motion to Dismiss or, in the alternative, to Sever and Stay to May 4, 2017 - filed by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (Blumenfeld, Jack) |
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SO ORDERED, re #12 STIPULATION TO EXTEND TIME to respond to Motion to Dismiss or, in the alternative, to Sever and Stay to May 4, 2017 (*Reset Briefing Schedule: re #9 MOTION to Dismiss, or, in the Alternative, to Sever and Stay. Answering Brief due 5/4/2017). Signed by Judge Richard G. Andrews on 4/24/2017. (nms)
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| Filing 11 REDACTED VERSION of #10 Opening Brief in Support, by CAP IM Supply, Inc., The Hartz Mountain Corporation. (Fry, David) |
| Filing 10 [SEALED] OPENING BRIEF in Support re #9 MOTION to Dismiss, or, in the Alternative, to Sever and Stay, filed by CAP IM Supply, Inc., The Hartz Mountain Corporation.Answering Brief/Response due date per Local Rules is 4/27/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Keller, Karen) Modified on 4/13/2017 (nms). |
| Filing 9 MOTION to Dismiss, or, in the Alternative, to Sever and Stay - filed by CAP IM Supply, Inc., The Hartz Mountain Corporation. (Attachments: #1 Proposed Order)(Keller, Karen) Modified on 4/13/2017 (nms). |
| Filing 8 STIPULATION TO EXTEND TIME to Respond to the Complaint to April 13, 2017 - filed by CAP IM Supply, Inc.. (Keller, Karen) |
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SO ORDERED, re #8 STIPULATION TO EXTEND TIME to Respond to the Complaint to April 13, 2017 (*Reset Answer Deadlines: CAP IM Supply, Inc. answer due 4/13/2017). Signed by Judge Richard G. Andrews on 3/10/2017. (nms)
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| Filing 7 STIPULATION TO EXTEND TIME to Respond to the Complaint to April 13, 2017 - filed by The Hartz Mountain Corporation. (Keller, Karen) |
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SO ORDERED, re #7 STIPULATION TO EXTEND TIME to Respond to the Complaint to April 13, 2017 (*Reset Answer Deadlines: The Hartz Mountain Corporation answer due 4/13/2017). Signed by Judge Richard G. Andrews on 3/8/2017. (nms)
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| Filing 6 SUMMONS Returned Executed by Bayer Intellectual Property GMBH, Bayer Animal Health GmbH, Bayer Healthcare LLC. CAP IM Supply, Inc. served on 2/21/2017, answer due 3/14/2017. (Blumenfeld, Jack) |
| Filing 5 SUMMONS Returned Executed by Bayer Intellectual Property GMBH, Bayer Animal Health GmbH, Bayer Healthcare LLC. The Hartz Mountain Corporation served on 2/21/2017, answer due 3/14/2017. (Blumenfeld, Jack) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bayer AG for Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH filed by Bayer Animal Health GmbH, Bayer Healthcare LLC, Bayer Intellectual Property GMBH. (ceg) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,384,938 B2. (ceg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against CAP IM Supply, Inc., The Hartz Mountain Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2087500.) - filed by Bayer Intellectual Property GMBH, Bayer Animal Health GmbH, Bayer Healthcare LLC. (Attachments: #1 Exhibit A-D, #2 Civil Cover Sheet)(ceg) |
| Summons Issued with Magistrate Consent Notice attached as to CAP IM Supply, Inc. on 2/17/2017; The Hartz Mountain Corporation on 2/17/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ceg) |
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