Horatio Washington Depot Technologies LLC v. Tolmar, Inc. et al
Horatio Washington Depot Technologies LLC |
Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc. and Tolmar, Inc. |
1:2017cv01086 |
August 3, 2017 |
US District Court for the District of Delaware |
Wilmington Office |
New Castle |
Christopher J Burke |
Leonard P Stark |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on August 27, 2019. A more recent docket listing may be available from PACER.
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Filing 145 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #136 Notice of Appeal (Federal Circuit) filed by Horatio Washington Depot Technologies LLC. USCA Case Number 19-2099. (ntl) |
Filing 144 REDACTED VERSION of #139 Declaration of Zachary D. Miller by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 143 REDACTED VERSION of #138 Reply Brief by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 142 REDACTED VERSION of #135 Declaration by Horatio Washington Depot Technologies LLC. (Attachments: #1 Exhibit 1-2)(Pedi, Nicole) |
Filing 141 REDACTED VERSION of #134 Answering Brief in Opposition by Horatio Washington Depot Technologies LLC. (Pedi, Nicole) |
Filing 139 [SEALED] DECLARATION re #138 Reply Brief of Zachary D. Miller by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Attachments: #1 Exhibit 28)(Poff, Adam) |
Filing 138 [SEALED] REPLY BRIEF re #129 MOTION for Attorney Fees filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 140 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #136 Notice of Appeal (Federal Circuit) filed by Horatio Washington Depot Technologies LLC. USCA Case Number 19-2099. (ntl) |
Filing 137 Letter to Anjan Chatterji from Clerk of Court, dated 7/3/2019 regarding Return of Check and Pro Se Notice of Appeal. (nmg) |
Filing 136 NOTICE OF APPEAL to the Federal Circuit of #103 Order, #128 SO ORDERED, Terminated Case, #102 Memorandum Opinion, #120 Memorandum and Order . Appeal filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
APPEAL - Credit Card Payment of $505.00 received re #136 Notice of Appeal (Federal Circuit) filed by Horatio Washington Depot Technologies LLC. ( Filing fee $505, receipt number 0311-2678808.) (Farnan, Kelly) |
Notification regarding #136 Notice of Appeal (Federal Circuit) sent to Reporter Hawkins (nmg) |
Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re #136 Notice of Appeal (Federal Circuit). (nmg) |
Notification regarding #136 Notice of Appeal (Federal Circuit) sent to Reporter Gaffigan (nmg) |
Filing 135 [SEALED] DECLARATION re #134 Answering Brief in Opposition by Horatio Washington Depot Technologies LLC. (Attachments: #1 Exhibit 1-2)(Farnan, Kelly) |
Filing 134 [SEALED] ANSWERING BRIEF in Opposition re #129 MOTION for Attorney Fees filed by Horatio Washington Depot Technologies LLC.Reply Brief due date per Local Rules is 7/8/2019. (Farnan, Kelly) |
Filing 133 REDACTED VERSION of #131 Declaration of Zachary D. Miller by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Attachments: #1 Exhibit 1 - 27)(Poff, Adam) |
Filing 132 REDACTED VERSION of #130 Opening Brief in Support of Motion for Attorneys' Fees by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 131 [SEALED] DECLARATION re #129 MOTION for Attorney Fees of Zachary D. Miller by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Attachments: #1 Exhibit 1 - 27)(Poff, Adam) |
Filing 130 [SEALED] OPENING BRIEF in Support re #129 MOTION for Attorney Fees filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..Answering Brief/Response due date per Local Rules is 7/1/2019. (Poff, Adam) |
Filing 129 MOTION for Attorney Fees - filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Attachments: #1 Text of Proposed Order)(Poff, Adam) |
Filing 128 SO ORDERED, re #127 Stipulation and Order of Non-Infringement and Final Judgment, ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 6/3/19. (ntl) |
Filing 127 STIPULATION and Proposed Order of Non-Infringement and Final Judgment by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 126 Joint STIPULATION TO EXTEND TIME for the submission of Opening Expert Reports to May 31, 2019 - filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 125 ANSWER to #123 Answer to Amended Complaint,, Counterclaim, by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
SO ORDERED, re #124 STIPULATION TO EXTEND TIME for certain expert discovery deadlines to the dates set forth in the Stipulation filed by Horatio Washington Depot Technologies LLC. Signed by Judge Leonard P. Stark on 4/22/19. (ntl) |
Filing 124 STIPULATION TO EXTEND TIME for certain expert discovery deadlines to the dates set forth in the Stipulation - filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 123 ANSWER to Amended Complaint, re: #122 Amended Complaint with Jury Demand Affirmative Defenses, COUNTERCLAIM against Horatio Washington Depot Technologies LLC by Tolmar Pharmaceuticals, Inc., Tolmar, Inc., Tolmar Therapeutics, Inc.. (Attachments: #1 Exhibit 1 - 2)(Poff, Adam) |
Filing 122 First AMENDED COMPLAINT against Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.- filed by Horatio Washington Depot Technologies LLC. (Attachments: #1 Exhibit A thru F)(Farnan, Kelly) |
SO ORDERED, re #121 STIPULATION TO EXTEND TIME for certain expert discovery deadlines to the dates set forth in the Stipulation filed by Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc., Tolmar, Inc. Signed by Judge Leonard P. Stark on 3/25/19. (ntl) |
Filing 121 STIPULATION TO EXTEND TIME for certain expert discovery deadlines to the dates set forth in the Stipulation - filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Kraman, Pilar) |
Filing 120 MEMORANDUM ORDER re #77 REPORT AND RECOMMENDATION is ADOPTED; #12 MOTION to Dismiss is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Leonard P. Stark on 3/20/19. (ntl) |
SO ORDERED, re #119 STIPULATION and [Proposed] Order and Judgment of Non-Infringement of Claims. Signed by Judge Leonard P. Stark on 3/18/19. (ntl) |
Filing 119 STIPULATION and [Proposed] Order and Judgment of Non-Infringement of Claims by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 118 NOTICE OF SERVICE of Plaintiff Horatio Washington Depot Technologies LLC's: 1) Supplemental Privilege Log; 2) Second Supplemental Objections and Responses to Defendants' Interrogatories; and 3) Exhibit A to Second Supplemental Objections and Responses to Defendants' Interrogatories (Supplemental Infringement Contentions) filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
SO ORDERED, re #115 STIPULATION TO EXTEND TIME re: Complete Fact Discovery to through and including March 15, 2019 filed by Horatio Washington Depot Technologies LLC. Signed by Judge Leonard P. Stark on 2/25/19. (ntl) |
Filing 117 NOTICE OF SERVICE of 1) Responses and Objections to First Set of Requests for Adminssion and 2) Responses and Objections to Fourth Set of Interrogatories (Nos. 20-21) filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
Filing 116 NOTICE OF SERVICE of 1) Defendants' Responses and Objections to Plaintiff's Second Set of Interrogatories (Nos. 9-20) to Tolmar; 2) Defendants' Responses and Objections to Plaintiff's Third Set of Requests for Production (Nos. 177-184); and 3) Defendants' Responses and Objections to Plaintiff's First Set of Requests for Admissions to Tolmar filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 115 STIPULATION TO EXTEND TIME re: Complete Fact Discovery to through and including March 15, 2019 - filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 114 NOTICE OF SERVICE of 1) Responses and Objections to Defendants Notice of Deposition to Plaintiff Pursuant to Fed. R. Civ. P. 30(b)(6); and 2) Responses and Objections to Defendants Third Set of Interrogatories (Nos. 14-19) filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
Filing 113 NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiffs Second Set of Requests for Production (No. 176) filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 112 NOTICE of of Subpoena to Intarcia Therapeutics, Inc. by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. (Attachments: #1 Exhibit A)(Kraman, Pilar) |
Filing 111 NOTICE OF SERVICE of 1) TOLMARs Final Invalidity Contentions; 2) TOLMARs Supplemental Responses to Horatios First Set of Interrogatories; and 3) TOLMARs Supplemental Responses to Horatios First Set of Requests for Production filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 110 NOTICE OF SERVICE of Defendants' Fourth Set of Interrogatories (Nos. 20-21) filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 109 NOTICE OF SERVICE of Defendants' First Set of Requests for Admission to Plaintiff filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 108 NOTICE requesting Clerk to remove Rachel K. Hunnicutt as co-counsel.. (Pedi, Nicole) |
Filing 107 NOTICE OF SERVICE of Plaintiff Horatio Washington Depot Technologies LLC's: 1) First Set of Requests for Admission to Tolmar; 2) Third Set of Requests for Production to Tolmar; 3) Second Set of Interrogatories to Tolmar; 4) First Supplemental Objections and Responses to First Set of Interrogatories; and 5) Privilege Log filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
Filing 106 NOTICE OF SERVICE of Plaintiff Horatio Washington Depot Technologies LLCs Second Set of Requests for Production toTolmar filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 105 NOTICE OF SERVICE of 1) Defendants' Third Set of Interrogatories (Nos. 14-19); 2) Defendants' Objections and Responses to Plaintiff's Notice of Deposition to Defendants Pursuant to Fed.R.Civ.P. 30(b)(6); 3) Notice of Taking of Deposition of Anjan Chatterji; and 4) Defendants' Notice of Deposition to Plaintiff Pursuant to Fed.R.Civ.P. 30(b)(6) filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 104 NOTICE OF SERVICE of Plaintiff Horatio Washington Depot Technologies LLC's Claim Chart for Accused Products filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
ORAL ORDER: Due to a scheduling conflict, the Court HEREBY ORDERS that the ADR teleconference scheduled for January 14, 2019 at 10:00 a.m. is cancelled. Ordered by Judge Christopher J. Burke on 1/11/2019. (mlc) |
Filing 103 ORDER re #102 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 12/26/2018. (etg) |
Filing 102 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 12/26/2018. (etg) |
Filing 101 NOTICE to Take Deposition of Avinash Nangia on February 11, 2019 at 9 am filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
Filing 100 NOTICE to Take Deposition of Gregory Fieldson on February 12, 2019 at 9 am filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
Pro Hac Vice Attorney Rachel K. Hunnicutt for Horatio Washington Depot Technologies LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
Filing 99 SO ORDERED, re #98 MOTION for Pro Hac Vice Appearance of Attorney Rachel K. Hunnicutt filed by Horatio Washington Depot Technologies LLC. Signed by Judge Leonard P. Stark on 12/3/18. (ntl) |
Filing 98 MOTION for Pro Hac Vice Appearance of Attorney Rachel K. Hunnicutt - filed by Horatio Washington Depot Technologies LLC. (Pedi, Nicole) |
Filing 97 RESPONSE TO OBJECTIONS by Horatio Washington Depot Technologies LLC re #88 Objections, . (Farnan, Kelly) |
Filing 96 RESPONSE TO OBJECTIONS by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. re #89 Objections, . (Kraman, Pilar) |
Filing 95 ERRATA ORDER for D.I. #77 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss for Failure to State a Claim filed by Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc., Tolmar, Inc.. Signed by Judge Christopher J. Burke on 11/26/2018. (dlb) |
Filing 94 NOTICE to Take Deposition of Defendants Tolmar, Inc., Tolmar Pharmaceuticals, Inc., and Tolmar Therapeutics, Inc. on December 19, 2018 at 9 A.M. filed by Horatio Washington Depot Technologies LLC.(Pedi, Nicole) |
Filing 93 Letter to The Honorable Leonard P. Stark from Kelly E. Farnan regarding Documents associated with objections - re #89 Objections,. (Farnan, Kelly) |
Filing 92 ORDER Setting Mediation Conferences A Telephone Conference is set for 1/14/2019 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 11/20/2018. (dlb) |
Filing 91 Amended NOTICE of Subpoena to Steven J. Prestrelski by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. (Attachments: #1 Exhibit A)(Kraman, Pilar) |
Filing 90 Letter to The Honorable Leonard P. Stark from Pilar G. Kraman regarding courtesy copies of documents related to Defendants' Objections to Report and Recommendations - re #88 Objections,. (Kraman, Pilar) |
Filing 89 OBJECTIONS by Horatio Washington Depot Technologies LLC to #77 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss for Failure to State a Claim filed by Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc., Tolmar, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civi . (Attachments: #1 Certification to Objections)(Farnan, Kelly) |
Filing 88 OBJECTIONS by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. to #77 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss for Failure to State a Claim filed by Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc., Tolmar, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civi . (Kraman, Pilar) |
Filing 87 NOTICE of Subpoena to Cynthia L. Stevenson by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. (Attachments: #1 Exhibit A)(Kraman, Pilar) |
Filing 86 NOTICE of Subpoena to Steven J. Prestrelski by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. (Attachments: #1 Exhibit A)(Kraman, Pilar) |
Filing 85 NOTICE to Take Deposition of Wendi Young on January 14, 2019 filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 84 NOTICE to Take Deposition of Michelle Ryder on January 15, 2019 filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 83 NOTICE to Take Deposition of Jeff Lederman on January 16, 2019 filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 82 NOTICE to Take Deposition of Steve Griffin on January 17, 2019 filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 81 NOTICE to Take Deposition of Terrance Fitzgerald on January 22, 2019 filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 80 NOTICE to Take Deposition of Mike Duncan on January 18, 2019 filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 79 Official Transcript of Claim Construction Hearing held on October 22, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/3/2018. Redacted Transcript Deadline set for 12/13/2018. Release of Transcript Restriction set for 2/11/2019.(bpg) |
Filing 78 ORDER Setting Mediation Conference: A Telephone Conference is set for 11/19/2018 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 11/2/2018. (dlb) |
Filing 77 REPORT AND RECOMMENDATIONS recommending the motion be granted-in-part: #12 MOTION to Dismiss for Failure to State a Claim filed by Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc., Tolmar, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/15/2018. Signed by Judge Christopher J. Burke on 11/1/2018. (dlb) |
Filing 76 Joint STATUS REPORT by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 10/22/2018. (Court Reporter B. Gaffigan.) (ntl) |
Filing 75 Letter to The Honorable Leonard P. Stark from Kelly E. Farnan regarding Claim Terms. (Farnan, Kelly) |
Filing 74 ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing on October 22, 2018 will begin at 2:00 p.m. ORDERED by Judge Leonard P. Stark on 10/18/18. (ntl) |
Filing 73 ORAL ORDER: IT IS HEREBY ORDERED that the Markman Hearing on October 22, 2018 will begin at 4:00 p.m. and each side will be allocated up to one (1) hour for argument. ORDERED by Judge Leonard P. Stark on 10/2/18. (ntl) |
Filing 72 CLAIM CONSTRUCTION ANSWERING BRIEF re #62 Claim Construction Opening Brief filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 71 Letter to The Honorable Leonard P. Stark from Kelly E. Farnan regarding Claim Construction Hearing. (Farnan, Kelly) |
Filing 70 CLAIM CONSTRUCTION ANSWERING BRIEF filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 69 STATEMENT Defendant Tolmar's Objections and Responses to Plaintiff Horatio's Technology Tutorial by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 68 MULTI MEDIA DOCUMENT filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. in the form of a CD. Filing related to #64 Letter. (Media on file in Clerk's Office). (ntl) |
Filing 67 MULTI MEDIA DOCUMENT filed by Horatio Washington Depot Technologies LLC in the form of a CD. Filing related to #65 Notice of Lodging. (Media on file in Clerk's Office). (ntl) |
Filing 66 CLAIM CONSTRUCTION OPENING BRIEF filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 65 NOTICE of Plaintiffs DVD Technology Tutorials by Horatio Washington Depot Technologies LLC (Farnan, Kelly) |
Filing 64 Letter to The Honorable Leonard P. Stark from Adam W. Poff regarding Defendants' Technology Tutorial - re #22 Scheduling Order,,,. (Poff, Adam) |
Filing 63 DECLARATION re #62 Claim Construction Opening Brief of Zachary D. Miller by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Attachments: #1 Exhibit 1 - 3)(Poff, Adam) |
Filing 62 CLAIM CONSTRUCTION OPENING BRIEF filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 61 CLAIM Construction Chart by Horatio Washington Depot Technologies LLC. (Attachments: #1 Exhibit A-W)(Farnan, Kelly) |
Filing 60 NOTICE of Change of Firm Affiliation of Pro Hac Vice Counsel by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. (Poff, Adam) |
Filing 59 Official Transcript of Oral Argument Hearing held on May 9, 2018 before Judge Christopher J. Burke. Court Reporter Stacy Vickers, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (bpg) |
Filing 58 STATEMENT re #57 Notice (Other) PLAINTIFFS RESPONSE TO DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Pro Hac Vice Attorney Alexander B. Owczarczak for Horatio Washington Depot Technologies LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
Filing 57 NOTICE of Subsequent Authority by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. re #12 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit A)(Poff, Adam) |
Filing 56 NOTICE of Change of Firm Affiliation of Pro Hac Vice Counsel by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. (Kraman, Pilar) |
Filing 55 CLAIM Construction Chart by Horatio Washington Depot Technologies LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Farnan, Kelly) |
Filing 54 NOTICE OF SERVICE of Defendants' List of Claim Terms and Proposed Constructions filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 53 NOTICE OF SERVICE of Plaintiff Horatio Washington Depot Technologies LLC's Objections and Responses to Defendants' Second Set of Interrogatories filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 52 ORDER Setting Mediation Conference: A Telephone Conference is set for 6/25/2018 at 11:15 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 6/8/2018. (dlb) |
Filing 51 NOTICE of Subpoena on Durect Corporation by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. (Attachments: #1 Exhibit A)(Poff, Adam) |
Filing 50 NOTICE OF SERVICE of Defendants' Second Set of Interrogatories (Nos. 12-13) filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Minute Entry for proceedings held before Judge Christopher J. Burke - Oral Argument held on 5/9/2018. The Court heard argument on Defendants' motion to dismiss, (D.I. 12), and took the matter under advisement. (Clerk, J. Lyons) Appearances: N. Pedi, L. Sung, N. Seth for Plaintiff; A. Poff, J. Gargano, Z. Miller for Defendants. (Court Reporter Stacey Vickers (Hawkins)) (dlb) |
Filing 49 NOTICE of Subsequent Authority by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. re #12 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit 1)(Poff, Adam) |
Filing 48 NOTICE of Subpoena to Atrix Laboratories, Inc. by Horatio Washington Depot Technologies LLC (Attachments: #1 Subpoena to Testify, #2 Subpoena to Produce)(Farnan, Kelly) |
Filing 47 NOTICE of Subpoena to Karen Himmel Ohlfest by Horatio Washington Depot Technologies LLC (Attachments: #1 Subpoena to Testify, #2 Subpoena to Produce)(Farnan, Kelly) |
Filing 46 NOTICE of Subpoena to Schwegman, Lundberg, and Woessner by Horatio Washington Depot Technologies LLC (Attachments: #1 Subpoena to Testify, #2 Subpoena to Produce)(Farnan, Kelly) |
Filing 45 NOTICE of Subpoena to Albin J. Nelson by Horatio Washington Depot Technologies LLC (Attachments: #1 Subpoena to Testify, #2 Subpoena to Produce)(Farnan, Kelly) |
Filing 44 NOTICE OF SERVICE of 1) Plaintiff Horatio Washington Depot Technologies LLCs Objections and Responses to First Set of Interrogatories and 2) Plaintiff Horatio Washington Depot Technologies LLCs Objections and Responses to First Set of Requests for the Production of Documents and Things filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 43 NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
ORAL ORDER Setting Hearing on Motion #12 MOTION to Dismiss for Failure to State a Claim : A Motion Hearing is set for 5/9/2018 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. Each side is allocated 30 minutes for argument. Ordered by Judge Christopher J. Burke on 3/20/2018. (dlb) |
Filing 42 NOTICE OF SERVICE of 1) Defendants' First Set of Interrogatories (Nos. 1-11); and 2) Defendants' First Set of Requests for Production of Documents and Things (Nos. 1-59) filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Poff, Adam) |
ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Chief Judge Leonard P. Stark on 3/19/2018. (dlb) |
Filing 41 NOTICE OF SERVICE of Horatio Washington Depot Technologies LLC Initial Claim Chart for Accused Products filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
SO ORDERED D.I. #37 MOTION for Pro Hac Vice Appearance of Attorney Alexander Owczarczak filed by Horatio Washington Depot Technologies LLC. Ordered by Judge Christopher J. Burke on 2/7/2018. (dlb) |
Filing 40 NOTICE OF SERVICE of Defendants' Core Technical Documents and Sales Figures filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Poff, Adam) |
Filing 39 Amended NOTICE of Subpoena Directed to Bayer Corporation by Horatio Washington Depot Technologies LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly) |
Filing 38 Amended NOTICE of Subpoena Directed to Johnson & Johnson by Horatio Washington Depot Technologies LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly) |
Filing 37 MOTION for Pro Hac Vice Appearance of Attorney Alexander Owczarczak - filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 36 NOTICE of Subpoena to Bayer Corporation by Horatio Washington Depot Technologies LLC (Attachments: #1 Subpoena to Testify, #2 Subpoena to Produce)(Farnan, Kelly) |
Filing 35 NOTICE of Subpoena to Johnson & Johnson by Horatio Washington Depot Technologies LLC (Attachments: #1 Subpoena to Testify, #2 Subpoena to Produce)(Farnan, Kelly) |
Filing 34 NOTICE OF SERVICE of Defendants' Response to Plaintiffs First Set of Requests for Production of Documents (Nos. 1 175) filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Poff, Adam) |
Filing 33 NOTICE OF SERVICE of Horatio Washington Depot Technologies LLC Initial Identification of Asserted Patents and Accused Products filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 32 NOTICE OF SERVICE of Defendants' Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery Including Discovery of Electronically Stored Information filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 31 NOTICE OF SERVICE of Horatio Washington Depot Technologies LLC Disclosures Pursuant to Section 3 of the Delaware Default Standard for Discovery filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 30 PROPOSED ORDER re: Stipulated Protective Order re SO ORDERED by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
SO ORDERED D.I. #30 Proposed Protective Order filed by Horatio Washington Depot Technologies LLC. Ordered by Judge Christopher J. Burke on 12/14/2017. (dlb) |
Filing 29 STIPULATION TO EXTEND TIME re: Proposed Protective Order to through and including December 18, 2017 - filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
SO ORDERED D.I. #29 STIPULATION TO EXTEND TIME re: Proposed Protective Order to through and including December 18, 2017 filed by Horatio Washington Depot Technologies LLC. Ordered by Judge Christopher J. Burke on 12/11/2017. (mlc) |
Filing 28 NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..(Kraman, Pilar) |
Filing 27 NOTICE OF SERVICE of (1) Plaintiff Horatio Washington Depot Technologies LLCs First Set of Interrogatories to Tolmar and (2) Rule 26(a)(1) Initial Disclosures of Plaintiff Horatio Washington Depot Technologies LLC filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 26 NOTICE OF SERVICE of Plaintiff Horatio Washington Depot Technologies LLC's First Set of Requests for Production of Documents and Things to Tolmar filed by Horatio Washington Depot Technologies LLC.(Farnan, Kelly) |
Filing 25 ORAL ORDER: IT IS HEREBY ORDERED that the jury trial scheduled for 1/31/20 is CANCELLED and is re-scheduled for 1/21/2020 at 09:00 AM. ORDERED by Judge Leonard P. Stark on 11/28/17. (ntl) |
Filing 24 REQUEST for Oral Argument by Horatio Washington Depot Technologies LLC re #12 MOTION to Dismiss for Failure to State a Claim . (Farnan, Kelly) |
Filing 23 REQUEST for Oral Argument by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. re #12 MOTION to Dismiss for Failure to State a Claim . (Poff, Adam) |
CASE REFERRED to Magistrate Judge Burke 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 (dlb) |
Filing 22 SCHEDULING ORDER: Joinder of Parties due by 7/20/2018. Amended Pleadings due by 7/20/2018. Discovery due by 2/22/2019. Status Report due by 10/26/2018. Dispositive Motions due by 8/9/2019. A Motion Hearing is set for 10/8/2019 at 11:00 AM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 8/31/2018. Claim Construction Answering Brief due by 9/28/2018. A Markman Hearing is set for 10/22/2018 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 12/6/2019 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 1/31/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 11/20/2017. (dlb) |
Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 11/20/2017. The Court discussed the parties submission regarding a schedule. A Scheduling Order will be entered. (Clerk, J. Lyons)Appearances: K. Farnan, A. Seth, L. Sung, T. Summers for Plaintiff; A. Poff, K. Shortsle, Z. Miller for Defendants. (Court Reporter Dale Hawkins (Hawkins Reporting)) (dlb) |
Filing 21 REPLY BRIEF re #12 MOTION to Dismiss for Failure to State a Claim filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Pro Hac Vice Attorney A. Neal Seth for Horatio Washington Depot Technologies LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
Pro Hac Vice Attorney Teresa M. Summers for Horatio Washington Depot Technologies LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
Pro Hac Vice Attorney Lawrence M. Sung for Horatio Washington Depot Technologies LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
SO ORDERED D.I. #20 MOTION for Pro Hac Vice Appearance of Attorney Lawrence Sung, Teresa M. Summers and A. Neal Seth filed by Horatio Washington Depot Technologies LLC. Ordered by Judge Christopher J. Burke on 11/8/2017. (dlb) |
Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Lawrence Sung, Teresa M. Summers and A. Neal Seth - filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 19 ANSWERING BRIEF in Opposition re #12 MOTION to Dismiss for Failure to State a Claim Plaintiff Horatio Washington Depot Technologies LLC Answering Brief in Response to Tolmar's Motion to Dismiss filed by Horatio Washington Depot Technologies LLC.Reply Brief due date per Local Rules is 11/8/2017. (Farnan, Kelly) |
Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 11/20/2017 at 01:30 PM before Judge Christopher J. Burke. Because the proposed order is without any disputes, only Delaware counsel should appear in person. Outside counsel may participate telephonically. Ordered by Judge Christopher J. Burke on 11/1/2017. (dlb) |
Filing 18 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Proposed Scheduling Order and Checklist. (Attachments: #1 Text of Proposed Order, #2 Case Management Checklist)(Farnan, Kelly) |
SO ORDERED D.I. #17 STIPULATION TO EXTEND TIME for parties to jointly file (i) the Case Management Checklist; (ii) Proposed Scheduling Order; and (iii) letter containing description of case, parties' positions regarding disputes in Proposed Scheduling Order, and thr filed by Horatio Washington Depot Technologies LLC. Ordered by Judge Christopher J. Burke on 10/31/2017. (dlb) |
Filing 17 STIPULATION TO EXTEND TIME for parties to jointly file (i) the Case Management Checklist; (ii) Proposed Scheduling Order; and (iii) letter containing description of case, parties' positions regarding disputes in Proposed Scheduling Order, and three most significant topics discussed during parties' review of Checklist items to October 31, 2017 - filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
Filing 16 STIPULATION TO EXTEND TIME Motion to Dismiss Briefing to Plaintiffs Answering Brief to through and including November 1, 2017 and Defendants Reply Brief to through and including November 15, 2017 - filed by Horatio Washington Depot Technologies LLC. (Farnan, Kelly) |
SO ORDERED D.I. #16 STIPULATION TO EXTEND TIME Motion to Dismiss Briefing to Plaintiffs Answering Brief to through and including November 1, 2017 and Defendants Reply Brief to through and including November 15, 2017 filed by Horatio Washington Depot Technologies LLC. Ordered by Judge Christopher J. Burke on 10/10/2017. (dlb) |
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 9/29/2017. (dlb) |
Pro Hac Vice Attorney Kevin P. Shortsle,Zachary D. Miller,Jeffrey R. Gargano for Tolmar Pharmaceuticals, Inc.,Tolmar Therapeutics, Inc., Tolmar, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
SO ORDERED D.I. #11 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey R. Gargano, Attorney Kevin P. Shortsle and Attorney Zachary D. Miller filed by Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc., Tolmar, Inc. Ordered by Judge Christopher J. Burke on 9/28/2017. (dlb) |
MOTION REFERRED: #12 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb) |
Filing 15 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Tolmar Holding, Inc. for Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 14 DECLARATION re #12 MOTION to Dismiss for Failure to State a Claim , #13 Opening Brief in Support, - Declaration of Zachary D. Miller - by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Attachments: #1 Exhibit 1)(Poff, Adam) |
Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss for Failure to State a Claim filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc..Answering Brief/Response due date per Local Rules is 10/11/2017. (Poff, Adam) |
Filing 12 MOTION to Dismiss for Failure to State a Claim - filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Attachments: #1 Text of Proposed Order)(Poff, Adam) |
Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey R. Gargano, Attorney Kevin P. Shortsle and Attorney Zachary D. Miller - filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
Filing 10 STIPULATION TO EXTEND TIME for the defendants to answer, move or otherwise respond to the Complaint to September 27, 2017 - filed by Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc.. (Poff, Adam) |
SO ORDERED D.I. #10 STIPULATION TO EXTEND TIME for the defendants to answer, move or otherwise respond to the Complaint to September 27, 2017 filed by Tolmar Therapeutics, Inc., Tolmar Pharmaceuticals, Inc., Tolmar, Inc. Ordered by Judge Christopher J. Burke on 8/16/2017. (dlb) |
SO ORDERED D.I. #9 Proposed Procedures Order filed by Horatio Washington Depot Technologies LLC. Ordered by Judge Christopher J. Burke on 8/15/2017. (dlb) |
Filing 9 PROPOSED ORDER Procedures Order by Horatio Washington Depot Technologies LLC. (Pedi, Nicole) |
Filing 8 ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 8/11/17. (ntl) |
Filing 7 SUMMONS Returned Executed by Horatio Washington Depot Technologies LLC. (Pedi, Nicole) |
Filing 6 SUMMONS Returned Executed by Horatio Washington Depot Technologies LLC. Tolmar Therapeutics, Inc. served on 8/7/2017, answer due 8/28/2017. (Pedi, Nicole) |
Filing 5 SUMMONS Returned Executed by Horatio Washington Depot Technologies LLC. Tolmar, Inc. served on 8/7/2017, answer due 8/28/2017. (Pedi, Nicole) |
CORRECTING ENTRY Per request of filer the docket text of D.I. #6 has been corrected to reflect the proper party served. Set/Reset Answer Deadlines: Tolmar Therapeutics, Inc. answer due 8/28/2017. (lmm) |
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
No Summons Issued. (sar) |
Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Horatio Washington Ventures LLC for Horatio Washington Depot Technologies LLC filed by Horatio Washington Depot Technologies LLC. (sar) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,932,547; 6,124,261; 6,235,712;. (sar) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) |
Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Tolmar Pharmaceuticals, Inc., Tolmar Therapeutics, Inc., Tolmar, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2196156.) - filed by Horatio Washington Depot Technologies LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(sar) |
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