Baxalta Incorporated et al v. Bayer HealthCare LLC
| Baxalta US Inc., Nektar Therapeutics and Baxalta Incorporated |
| Bayer HealthCare LLC |
| 1:2017cv01316 |
| September 15, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Richard G Andrews |
| Sherry R Fallon |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.
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| Filing 690 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,199,223; 7,863,421; 8,143,378; 8,247,536; 8,519,102; 8,618,259; 8,889,831; 9,999,657. (Attachments: #1 Order)(nms) |
Filing 689
SO ORDERED Granting #688 Stipulation of Dismissal With Prejudice (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 5/18/2021. (nms)
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| Filing 688 STIPULATION of Dismissal by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
| Filing 687 REDACTED VERSION of #685 Objections by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 686 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics' Responses to Defendant Bayer HealthCare LLC's Tenth Set of Requests for Production of Documents (Nos. 360-363) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Remark: D.I. #684 has been unsealed. (lih) |
| Filing 685 [SEALED] OBJECTIONS to #684 Report and Recommendations, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. (Cottrell, Frederick) Modified on 5/6/2021 (nms). |
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ORAL ORDER- re #684 Sealed Report and Recommendation. The time for compliance with the court's deadline for submission of proposed redactions to D.I. #684 , filed under seal, having expired on 4/29/2021, without a request for an extension for good cause, IT IS HEREBY ORDERED that D.I. #684 will be unsealed for viewing on the public docket on 5/7/2021. Ordered by Judge Sherry R. Fallon on 4/30/2021. Ordered by Judge Sherry R. Fallon on 4/30/2021. (lih)
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| Filing 684 [SEALED] REPORT AND RECOMMENDATIONS- re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims, #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims. 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 5/6/2021. Signed by Judge Sherry R. Fallon on 4/22/2021.This order has been emailed to local counsel. (lih) |
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Filing 683
MEMORANDUM ORDER: Regarding claims (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 4/19/2021. (nms)
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| Filing 682 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Tenth Set of Requests for Production of Documents to Plaintiffs (Nos. 360-363) - filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 681 NOTICE OF SERVICE of 1) Objections to Defendant Bayer HealthCare LLC's Deposition Subpoena Dated March 25, 2021 Directed to Novo Nordisk Inc.; and 2) Objections to Defendant Bayer HealthCare LLC's Subpoena to Produce Documents, Information, or Objects, Dated March 25, 2021 Directed to Novo Nordisk Inc. filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 680 Joint Letter to Honorable Richard G. Andrews from Kelly E. Farnan regarding reduction of claims and invalidity defenses. (Farnan, Kelly) |
| Filing 679 Official Transcript of Oral Argument Videoconference held on 3/23/21 before Judge Sherry R. Fallon. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 4/21/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 6/29/2021. (Triozzi, Heather) |
| Filing 678 NOTICE of Subpoenas on Novo Nordisk Inc. - by Bayer HealthCare LLC. (Smith, Rodger) Modified on 3/26/2021 (nms). |
| Filing 677 NOTICE of Subpoena to Produce Documents on Genetech USA, Inc. by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit 1)(Pedi, Nicole) |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 3/23/2021 re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims, #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims. (Court Reporter H. Triozzi.) (lih) |
| Remark: The public may access the hearing scheduled for 3/23/2021, at 2:00 PM by dialing into the following telephone number: +1-703-552-8058, then enter Passcode: 860362. The dial-in information provides listening capabilities only. (lih) |
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Filing 676
MEMORANDUM ORDER: The motion for a hearing on inventorship is GRANTED and its motion to dismiss under Rule 12(b)(1) (D.I. #483 ) is DENIED. Baxalta's motion to strike (D.I. #490 ) is DENIED. Any arguments of the parties not addressed herein are preserved. Signed by Judge Richard G. Andrews on 3/18/2021. (nms)
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| Filing 675 NOTICE of Withdrawal of Jennifer A. Ward, by Bayer HealthCare LLC (Ward, Jennifer) |
| Filing 674 NOTICE OF SERVICE of 1) Plaintiffs Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics' Third Supplemental Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery; 2) Plaintiffs Baxalta Incorporated, Baxalta US Inc.'s Second Supplemental Initial Disclosures Under Fed. R. Civ. P 26(a)(1); and 3) Plaintiff Nektar Therapeutics' Second Supplemental Initial Disclosures Under Fed. R. Civ. P 26(a)(1) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 673 NOTICE OF SERVICE of Bayer Healthcare LLC's Supplemental Disclosure Pursuant to the Court's January 27, 2021 Scheduling Order and Paragraph 3 of the Default Standard for Discovery - filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 672 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding rescheduling jury trial on issues of patent infringement and Validity. (Farnan, Kelly) Modified on 3/1/2021 (nms). |
| Filing 671 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Eighth Set of Interrogatories (No. 35); and (2) Defendant Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Seventh Set of Requests for Production (Nos. 218-221) - filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 670 Official Transcript of Status Videoconference held on 1/26/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (Triozzi, Heather) |
| Filing 669 NOTICE OF SERVICE of (1) Plaintiffs Objections and Responses to Defendant Bayer Healthcare LLCs Seventh Set of Interrogatories to Plaintiffs (Nos. 26-28); (2) Plaintiffs Responses to Defendant Bayers Ninth Set of Requests for Production of Documents (Nos. 341-359) and (3) Plaintiffs Objections and Responses to Defendant Bayer Healthcare LLCs Second Set of Requests for Admissions (Nos. 88-100) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
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Filing 668
ORAL ORDER: As to the request for a decision (D.I. #667 ), my understanding of the dispute suggests that I do not completely agree with either side. My understanding is that (1) 102(g) is very different from other anticipation defenses, particularly 102(a) & (b), and (2) can be both an anticipation defense and part of an obviousness defense. Thus, the use of 102(g) as an anticipatory defense is a separate invalidity theory from 102(a) & (b) invalidity theories. If, however, the 102(g) prior art is only offered as part of an obviousness defense, then it is not a separate invalidity defense; it is merely a part of an obviousness combination. Ordered by Judge Richard G. Andrews on 2/18/2021. (nms)
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| Filing 667 Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding reductions in asserted patent claims and trial invalidity defenses. (Farnan, Kelly) |
| Filing 666 ANSWERING BRIEF in Opposition re #657 MOTION for Partial Reconsideration of Summary Judgment filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
| Filing 665 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Sixth Set of Requests for Production (Nos. 189-217), and (2) Defendant Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Seventh Set of Interrogatories (Nos. 31-34) filed by Bayer HealthCare LLC.(Ward, Jennifer) |
| Filing 664 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Sixth Set of Interrogatories (Nos. 20-30) - filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 663 STIPULATION TO EXTEND TIME the deadline for the parties to confer and submit a proposed schedule for case narrowing to through and including February 17, 2021 - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
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SO ORDERED, re #663 STIPULATION TO EXTEND TIME the deadline for the parties to confer and submit a proposed schedule for case narrowing to through and including February 17, 2021. Signed by Judge Richard G. Andrews on 2/8/2021. (nms)
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| CORRECTING ENTRY: The minute entry for the conference held on 1/26/2021, has been amended. The NEF for the filing has been regenerated. (nms) |
| Filing 662 NOTICE of Amended Subpoena to CaremarkPCS Health, L.L.C. by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Pedi, Nicole) |
| Filing 661 Letter to The Honorable Sherry R. Fallon from Nicole K. Pedi regarding Request to Reschedule Argument. (Pedi, Nicole) |
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ORAL ORDER- granting #661 Letter Request. IT IS HEREBY ORDERED that the oral argument previously set in this matter for 3/25/2021 is RESCHEDULED to 3/23/2021 at 02:00 PM before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. The video conference shall be arranged by counsel. The hearing must be available for public access. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is strictly prohibited. Counsel for the parties shall submit the following materials to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov on or before March 19, 2021 at 10:00 a.m.: (1) video conference information, including dial-in information or audio link for audio-only participants; and (2) electronic versions of any slide presentations or demonstrative materials. Counsel shall also provide the video conference information to the court reporter at Heather_Triozzi@ded.uscourts.gov. Ordered by Judge Sherry R. Fallon on 2/4/2021. (lih)
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| Filing 660 REDACTED VERSION of #653 Reply Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 659 NOTICE of Subpoena to Produce Documents in a Civil Action on OptumRx, Inc. by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit 1)(Farnan, Kelly) |
| Filing 658 OPENING BRIEF in Support re #657 MOTION for Partial Reconsideration of Summary Judgment, filed by Bayer HealthCare LLC.Answering Brief/Response due date per Local Rules is 2/16/2021. (Smith, Rodger) Modified on 2/3/2021 (nms). |
| Filing 657 MOTION for Partial Reconsideration of Summary Judgment - filed by Bayer HealthCare LLC. (Smith, Rodger) Modified on 2/3/2021 (nms). |
| Filing 656 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics' Responses to Defendant Bayer's Eighth Set of Requests for the Production of Documents (Nos. 313-340) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
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ORAL ORDER- The court shall hear argument re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims and #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims on 3/25/2021 at 11:00 AM before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. The video conference shall be arranged by counsel. The hearing must be available for public access. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is strictly prohibited. Counsel for the parties shall submit the following materials to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov on or before March 23, 2021 at 10:00 a.m.: (1) video conference information, including dial-in information or audio link for audio-only participants; and (2) electronic versions of any slide presentations or demonstrative materials. Counsel shall also provide the video conference information to the court reporter at Heather_Triozzi@ded.uscourts.gov. Ordered by Judge Sherry R. Fallon on 1/29/2021. (lih)
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| Filing 655 REQUEST for Oral Argument by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims , #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims . (Pedi, Nicole) |
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Filing 654
SCHEDULING ORDER: Fact Discovery on Bayer's inequitable conduct, unclean hands, and Walker Process antitrust counterclaims shall be completed by 6/30/2021. Dispositive Motions due by 11/5/2021. A Jury Trial is set to start 4/4/2022, at 9:30 AM in Courtroom 6A. A Pretrial Conference is set for 3/25/2022, at 8:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 1/27/2021. (nms)
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| Minute Entry for proceedings held before Judge Richard G. Andrews - Status Conference held on 1/26/2021. Counsel for Plaintiffs: F. Cottrell, K. Farnan. Counsel for Defendants: R. Smith. (Court Reporter Heather Triozzi.) (lak) |
| Filing 653 [SEALED] REPLY BRIEF re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims , #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
| Filing 652 REDACTED VERSION of #640 Letter by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 651 REDACTED VERSION of #643 Answering Brief in Opposition, - by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 650 REDACTED VERSION of #641 Response to Objections - by Bayer HealthCare LLC. (Smith, Rodger) |
| Remark: The public may access the conference scheduled for 1/26/2021, at 4:00 pm by dialing the following phone number: +1 202-503-1666, then enter Conference ID: 205945899#. The dial-in information provides listening capabilities only. (nms) |
| Filing 649 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics': 1) Seventh Set of Requests for the Production of Documents and Things (Nos. 218-221); and 2) Eighth Set of Interrogatories (No. 35) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 648 NOTICE of Subpoena on Express Scripts, Inc. by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Pedi, Nicole) |
| Filing 647 NOTICE of Subpoena on CaremarkPCS Health, LLC by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Pedi, Nicole) |
| Filing 646 NOTICE of of Subpoena to Produce Documents in a Civil Action to be served on Bioverativ Therapeutics Inc. by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Farnan, Kelly) |
| Filing 645 NOTICE of of Subpoena to Produce Documents in a Civil Action to be served on Bioverativ Inc. by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Farnan, Kelly) |
| Filing 644 NOTICE of of Subpoena to Produce Documents in a Civil Action to be served on Novo Nordisk Inc. by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Farnan, Kelly) |
| Filing 643 [SEALED] ANSWERING BRIEF in Opposition re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims , #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims filed by Bayer HealthCare LLC.Reply Brief due date per Local Rules is 1/26/2021. (Ward, Jennifer) |
| Filing 642 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's Second Set of Requests for Admission (Nos. 88-100), (2) Defendant Bayer Healthcare LLC's Seventh Set of Interrogatories to Plaintiffs (Nos. 26-28), and (3) Defendant Bayer Healthcare LLC's Ninth Set of Requests for Production of Documents to Plaintiffs (Nos. 341-359) filed by Bayer HealthCare LLC.(Ward, Jennifer) |
| Filing 641 [SEALED] RESPONSE to #621 Objections, by Bayer HealthCare LLC. (Ward, Jennifer) Modified on 1/20/2021 (nms). |
| Filing 640 [SEALED] Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding response to Bayer's January 14, 2021 letter. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Farnan, Kelly) |
| Filing 639 NOTICE OF SERVICE of Responses to Seventh Set of Requests for Production of Documents (Nos. 293-312) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
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Filing 638
ORDER: Plaintiffs motion for summary judgment of no invalidity for lack of utility of the Bossard Patents is DENIED. Plaintiffs motion for summary judgment of no invalidity for lack of utility of the Bentley Patents is DENIED.Plaintiffs motion for summary judgment of no invalidity of the Bossard Patents for prior invention is DENIED. Plaintiffs motion for summary judgment of no invalidity for derivation of the asserted claims of the 536 Patent is GRANTED. Plaintiffs motion for summary judgment of no invalidity of the Bentley Patents for derivation is DISMISSED as moot. Plaintiffs motion for summary judgment of no invalidity of the Bentley Patents for prior invention is DENIED. Plaintiffs motion for summary judgment of no invalidity under 103 based on Dr. Tomics research as 102(f) prior art is GRANTED. Plaintiffs motion for summary judgment of no invalidity under 103 based on Dr. Tomics research as 102(g) prior art is DENIED. Plaintiffs motion to exclude Dr. Russells testimony based on the incorporation-by-reference of the Harris 462 Patent under Daubert is GRANTED. Plaintiffs motion to strike Dr. Russells testimony relying on the use of the term comprising under Daubert is DENIED. Plaintiffs motion to exclude portions of Dr. Russells Responsive Report under Daubert is GRANTED as to Paragraphs 10 and 29 and DENIED as to Paragraphs 32 and 40. Plaintiffs motion to strike Dr. Russells opinions concerning random/non-random PEGylation under Daubert is DENIED. Defendants motion for summary judgment of lack of utility of the Bossard Patents is DENIED. Defendants motion for summary judgment of lack of utility of the Bentley Patents is DENIED. Defendants motion for summary judgment of lack of enablement of the Bossard Patents is DENIED. Defendants motion for summary judgment of lack of enablement of the Bentley conjugate claims is DENIED. Signed by Judge Richard G. Andrews on 1/19/2021. (nms)
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| Filing 637 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 1/19/2021. (nms) |
| Filing 636 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, regarding proposed schedule for supplemental discovery. (Attachments: #1 Proposed Order)(Smith, Rodger) Modified on 1/15/2021 (nms). |
| Filing 635 REDACTED VERSION of #627 Declaration, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 634 REDACTED VERSION of #626 Opening Brief in Support, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 633 REDACTED VERSION of #624 Declaration, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 632 REDACTED VERSION of #623 Opening Brief in Support, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #623 , #624 , #626 and #627 . (lih) |
| Filing 631 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics' 1) Seventh Set of Interrogatories to Defendant (Nos. 31-34); and 2) Sixth Set of Requests for the Production of Documents and Things (Nos. 189-217) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 630 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics' Sixth Set of Interrogatories to Defendant (Nos. 20-30) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
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Filing 629
ORAL ORDER: At Defendant's request (due to a scheduling conflict) and Plaintiffs' willingness, the scheduling/status conference set for 1/26/2021, will now start at 4:00 p.m.. Ordered by Judge Richard G. Andrews on 1/8/2021. (nms)
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Filing 628
ORAL ORDER: The parties have advised that an scheduling impasse has been reached requiring judicial attention. The Court will hold a scheduling/status conference on 1/26/2021, at 11:00 AM. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Court's form Patent Scheduling Order (Revised 12/19/2019). The conference will be held using Skype for business. A joint email with the email addresses for all those participating in the conference shall be due to the Court's Case Manager by 4:00 PM on 1/19/2021. Ordered by Judge Richard G. Andrews on 1/6/2021. (nms)
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| Filing 627 [SEALED] DECLARATION re #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1)(Cottrell, Frederick) |
| Filing 626 [SEALED] OPENING BRIEF in Support re #625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Answering Brief/Response due date per Local Rules is 1/19/2021. (Cottrell, Frederick) |
| Filing 625 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Bayer's Fourth Amended Answer and Counterclaims - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Cottrell, Frederick) |
| Filing 624 [SEALED] DECLARATION re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1)(Cottrell, Frederick) |
| Filing 623 [SEALED] OPENING BRIEF in Support re #622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Answering Brief/Response due date per Local Rules is 1/19/2021. (Cottrell, Frederick) |
| Filing 622 MOTION to Dismiss and Strike Certain Counterclaims and Affirmative Defenses in Bayers Second Amended Answer and Counterclaims (D.I. #607 ) - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Proposed Order)Motions referred to Sherry R. Fallon.(Cottrell, Frederick) Modified on 1/6/2021 (nms). |
| Remark: D.I. #604 has been unsealed. (lih) |
| Filing 621 OBJECTIONS to #604 Memorandum Opinion, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics . (Cottrell, Frederick) Modified on 1/5/2021 (nms). |
| Filing 620 NOTICE OF SERVICE of Eighth Set of Requests for Production of Documents to Plaintiffs (Nos. 313-340) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 619 REDACTED VERSION of #610 Exhibit to a Document by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 618 REDACTED VERSION of #609 Exhibit to a Document by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 617 REDACTED VERSION of #608 Amended Answer to Complaint by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 616 REDACTED VERSION of #607 Amended Answer to Complaint by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 615 REDACTED VERSION of #606 Letter by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 614 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding response to Bayers December 22, 2020 Submission. (Attachments: #1 Exhibit 1)(Farnan, Kelly) Modified on 12/28/2020 (nms). |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI numbers #607 through #610 . (lih) |
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ORAL ORDER- re #604 Sealed Memorandum Opinion. The time for compliance with the court's deadline for submission of proposed redactions to D.I. #604 , filed under seal, having expired on 12/18/2020, without a request for an extension for good cause, IT IS HEREBY ORDERED that D.I. #604 will be unsealed for viewing on the public docket on 1/4/2021. Ordered by Judge Sherry R. Fallon on 12/28/2020. (lih)
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| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #606 . (lih) |
| Filing 613 Response Pursuant to the Court's November 12, 2020 Oral Order, by Bayer HealthCare LLC. (Attachments: #1 Appendices A-L)(Smith, Rodger) Modified on 12/22/2020 (nms). |
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SO ORDERED, re #612 STIPULATION and Proposed Order to Extend Time to move against, answer, or otherwise respond to Defendant's Second Amended Counterclaims and Defendant's Fourth Amended Counterclaims, and to file Objections. Signed by Judge Richard G. Andrews on 12/21/2020. (nms)
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| Filing 612 STIPULATION TO EXTEND TIME for: (1) Plaintiff to move against, answer, or otherwise respond to Defendant's Second Amended Counterclaims and Defendant's Fourth Amended Counterclaims; and (2) parties to file Objections to the 12.11.2020 Memorandum Opinion to respectively, January 5, 2021 and January 4, 2021 - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
| Filing 611 NOTICE OF SERVICE of Seventh Set of Requests for Production of Documents to Plaintiffs (Nos. 293-312) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 610 [SEALED] EXHIBITS 34-67 re #608 Fourth Amended Answer to Complaint, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 34-67, #2 Exhibits 68-86)(Smith, Rodger) Modified on 12/16/2020 (nms). |
| Filing 609 [SEALED] EXHIBITS 1-33 re #608 Fourth Amended Answer to Complaint, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-13, #2 Exhibits 14-21, #3 Exhibit 22, #4 Exhibits 23-33)(Smith, Rodger) Modified on 12/15/2020 (nms). |
| Filing 608 [SEALED] Fourth Amended Answer and Counterclaim, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 12/15/2020 (nms). |
| Filing 607 [SEALED] Second Amended Answer and Counterclaims, by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-Z, #2 Exhibits AA-AR, #3 Exhibits AS-AV)(Smith, Rodger) Modified on 12/15/2020 (nms). |
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ORAL ORDER- re #606 Letter. IT IS HEREBY ORDERED that the Defendants pleadings are so amended in compliance with the courts opinion and order. Ordered by Judge Sherry R. Fallon on 12/15/2020. (lih)
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| Filing 606 [SEALED] Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding amended answers and counterclaims. (Attachments: #1 Exhibits A-D)(Smith, Rodger) Modified on 12/15/2020 (lih). |
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ORAL ORDER- re #604 Memorandum Opinion. IT IS HEREBY ORDERED that the movant shall submit an amended pleading in accordance with the Memorandum Opinion by no later than close of business on 12/15/2020. Ordered by Judge Sherry R. Fallon on 12/14/2020. (lih)
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Filing 605
ORDER- re #604 Memorandum Opinion re #515 MOTION for Leave to File Amended Answer and Counterclaims. Signed by Judge Sherry R. Fallon on 12/11/2020. (lih)
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| Filing 604 [SEALED] MEMORANDUM OPINION. Signed by Judge Sherry R. Fallon on 12/11/2020.This order has been emailed to local counsel only. (lih) |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 12/9/2020 re #515 MOTION for Leave to File Amended Answer and Counterclaims. (Court Reporter S. Vickers (Hawkins Reporting).) (lih) |
| Remark: The public may access the hearing scheduled for 12/9/2020, at 11:00 AM by dialing into one of the following telephone numbers: +1-669-254-5252 US (San Jose); +1-646-828-7666 US (New York), then enter Meeting ID: 161 509 0467, then press # to continue. The dial-in information provides listening capabilities only. (lih) |
| Filing 603 RESPONSE to #602 Response regarding Anticipation of Asserted Claims, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Appendix A-C, #2 Appendix D-J)(Farnan, Kelly) Modified on 12/4/2020 (nms). |
| Filing 602 RESPONSE regarding Anticipation of Asserted Claims by Martinez Prior Art Patent, by Bayer HealthCare LLC. (Attachments: #1 Appendices A-L)(Smith, Rodger) Modified on 11/20/2020 (nms). |
| Filing 601 Official Transcript of Oral Argument Videoconference held on 11/12/20 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/17/2021. (Triozzi, Heather) |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Hearing on pending summary judgment motions held on 11/12/2020. Counsel for Plaintiffs: K. Farnan, F. Cottrell. Counsel for Defendant: R. Smith. (Court Reporter Heather Triozzi.) (lak) |
| Remark: The public may access the hearing scheduled for 11/12/2020, at 10:00 am by dialing the following phone number: +1 202-503-1666, then enter Conference ID: 611481160#. The dial-in information provides listening capabilities only. (nms) |
| Filing 600 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding response to the Court's Order (D.I. 598 ). (Farnan, Kelly) Modified on 11/6/2020 (nms). |
| Filing 599 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding the Court's November 3, 2020 Order (D.I. 598). (Smith, Rodger) |
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Filing 598
ORAL ORDER: For the oral argument on November 12, each side is requested to submit a letter no later than November 5 identifying no more than three issues it wants to argue, with citations to where each argument is briefed. Ordered by Judge Richard G. Andrews on 11/3/2020. (nms)
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Filing 597
ORAL ORDER: A hearing on the pending summary judgment motions is now set for 11/12/2020, at 10:00 AM. The hearing will be held using Skype for business. A joint email with the email addresses for all those participating in the hearing shall be due to the Court's Case Manager by 4:00 PM on 11/5/2020. Ordered by Judge Richard G. Andrews on 10/20/2020. (nms)
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| Filing 596 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's Second Supplemental Responses to Plaintiffs' First Set of Requests for Production (Nos. 55 and 57); and (2) Bayer Healthcare LLC's Fourth Supplemental Responses and Objections to Plaintiffs' Third Set of Interrogatories (No. 9), filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 595 NOTICE OF SERVICE of 1) Third Supplemental Objections and Responses to Defendant Bayer HealthCare LLC's First Set of Interrogatories (No. 6); and 2) Second Supplemental Objections and Responses to Defendant Bayer HealthCare LLC's Second Set of Interrogatories (Nos. 13 and 14) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
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ORAL ORDER- The court shall hear argument re #515 MOTION for Leave to File Amended Answer and Counterclaims on 12/9/2020 at 11:00 AM before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. The videoconference shall be arranged by counsel. The hearing must be available for public access. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is strictly prohibited. Counsel for the parties shall submit the following materials to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov on or before December 7, 2020 at 11:00 a.m.: (1) videoconference information, including dial-in information or audio link for audio-only participants; and (2) electronic versions of any slide presentations or demonstrative materials. Counsel shall also provide the videoconference information to the court reporter at Heather_Triozzi@ded.uscourts.gov. Ordered by Judge Sherry R. Fallon on 10/5/2020. (lih)
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| Filing 594 REQUEST for Oral Argument by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
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Filing 593
SO ORDERED, re #592 Stipulation and Proposed Order. Signed by Judge Richard G. Andrews on 10/1/2020. (nms)
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| Filing 592 STIPULATION to stay any obligation to answer or otherwise respond to pleadings until after ruling on Motion to Amend by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
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Filing 591
ORDER: All objections to the R&R are DISMISSED as moot. The motion to dismiss (D.I. #383 ) is DISMISSED as moot. The R&R (D.I. #494 )is also moot, and therefore dismissed. The motion for leave to amend (D.I. #515 ) is REFERRED to Magistrate Judge Fallon. Signed by Judge Richard G. Andrews on 9/18/2020. Motions referred to Sherry R. Fallon.(nms)
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| Filing 590 REDACTED VERSION of #571 Exhibit to a Document, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 589 REDACTED VERSION of #570 MOTION in Limine No. 3 to Preclude Evidence of the PTAB Decision to Not Institute Inter Partes Review Proceedings Against U.S. Patent No. 8,809,453 by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 588 REDACTED VERSION of #569 Exhibit to a Document, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 587 REDACTED VERSION of #568 MOTION in Limine No. 2 to Preclude References to Unproduced Opinions of Counsel and Settlement Discussions by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 586 REDACTED VERSION of #567 Exhibit to a Document by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 585 REDACTED VERSION of #566 MOTION in Limine No. 1 to Preclude Evidence Contrary to the Findings in the Parties' Earlier Trial by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 584 REDACTED VERSION of #565 Exhibit to a Document, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 583 REDACTED VERSION of #564 MOTION in Limine No. 3 to Preclude Bayer from Offering Evidence Concerning Later-Filed Patent Applications in the Bentley Patent Family by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 582 REDACTED VERSION of #563 Exhibit to a Document, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 581 REDACTED VERSION of #562 MOTION in Limine No. 2 to Preclude Bayer from Offering Evidence Concerning Results from the Adynovate Trial and Bayer's Patents by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 580 REDACTED VERSION of #561 Exhibit to a Document, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 579 REDACTED VERSION of #560 MOTION in Limine No. 1 to Preclude Bayer from Offering Evidence Concerning Unrelated Proceedings by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 578 REDACTED VERSION of #559 Reply Brief, by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-B)(Smith, Rodger) Modified on 9/17/2020 (nms). |
| Filing 577 Official Transcript of Discovery Dispute Teleconference held on 09/09/20 before Judge Sherry R. Fallon. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 10/7/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/15/2020. (Triozzi, Heather) |
| Filing 576 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding case narrowing. (Farnan, Kelly) Modified on 9/15/2020 (nms). |
| Filing 575 REDACTED VERSION of #555 Letter by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 574 REDACTED VERSION of #554 Letter by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 573 REDACTED VERSION of #553 Letter by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 9/11/2020 (lih). |
| Filing 572 REDACTED VERSION of #552 Letter, by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-Q)(Smith, Rodger) Modified on 9/11/2020 (nms). |
| Filing 571 [SEALED] EXHIBITS re #570 MOTION in Limine No. 3 to Preclude Evidence of the PTAB Decision to Not Institute Inter Partes Review Proceedings Against U.S. Patent No. 8,809,453, by Bayer Healthcare, LLC. (Attachments: #1 Tab 1, #2 Tab 2)(Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 570 [SEALED] MOTION in Limine No. 3 to Preclude Evidence of the PTAB Decision to Not Institute Inter Partes Review Proceedings Against U.S. Patent No. 8,809,453 - filed by Bayer Healthcare, LLC. (Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 569 [SEALED] EXHIBITS re #568 MOTION in Limine No. 2 to Preclude References to Unproduced Opinions of Counsel and Settlement Discussions, by Bayer Healthcare, LLC. (Attachments: #1 Tab 1, #2 Tab 2)(Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 568 [SEALED] MOTION in Limine No. 2 to Preclude References to Unproduced Opinions of Counsel and Settlement Discussions - filed by Bayer Healthcare, LLC. (Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 567 [SEALED] EXHIBITS re #566 MOTION in Limine No. 1 to Preclude Evidence Contrary to the Findings in the Parties' Earlier Trial, by Bayer Healthcare, LLC. (Attachments: #1 Tab 1)(Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 566 [SEALED] MOTION in Limine No. 1 to Preclude Evidence Contrary to the Findings in the Parties' Earlier Trial - filed by Bayer Healthcare, LLC. (Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 565 [SEALED] EXHIBITS re #564 MOTION in Limine No. 3 to Preclude Bayer from Offering Evidence Concerning Later-Filed Patent Applications in the Bentley Patent Family, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Tab 1, #2 Tab 2, #3 Tab 3)(Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 564 [SEALED] MOTION in Limine No. 3 to Preclude Bayer from Offering Evidence Concerning Later-Filed Patent Applications in the Bentley Patent Family - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 563 [SEALED] EXHIBITS re #562 MOTION in Limine No. 2 to Preclude Bayer from Offering Evidence Concerning Results from the Adynovate Trial and Bayer's Patents, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Tab 1)(Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 562 [SEALED] MOTION in Limine No. 2 to Preclude Bayer from Offering Evidence Concerning Results from the Adynovate Trial and Bayer's Patents - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 561 [SEALED] EXHIBITS re #560 MOTION in Limine No. 1 to Preclude Bayer from Offering Evidence Concerning Unrelated Proceedings, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Tab 1, #2 Tab 2, #3 Tab 3)(Cottrell, Frederick) Modified on 9/10/2020 (nms). |
| Filing 560 [SEALED] MOTION in Limine No. 1 to Preclude Bayer from Offering Evidence Concerning Unrelated Proceedings - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 9/10/2020 (nms). |
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ORAL ORDER: The transcript of the discovery dispute teleconference held on September 9, 2020 shall serve as the Order of the Court. In accordance with the rulings made on the record, Defendants Motion to Compel Admission or Supplementation of RFAs directed to Plaintiffs is DENIED. The RFAs seek admissions of what is not disclosed in the patents specifications, include compound requests, and lack definitions and context for their inclusion of technical terms which are the subject of opposing expert opinions. Therefore, the court does not find them to be simple, direct, and limited to relevant singular facts that would make the trial more efficient. Plaintiffs Motion to Compel discovery from Defendant is GRANTED as follows: Defendant shall supplement within 30 days of this Order: (1) its response to Interrogatory 9; and (2) its response to Plaintiffs request for production of final versions of forecasts. Ordered by Judge Sherry R. Fallon on 9/9/2020. (lih)
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| Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 9/9/2020. (Court Reporter H. Triozzi.) (lih) |
| Filing 559 [SEALED] REPLY BRIEF re #515 MOTION for Leave to File Amended Answer and Counterclaims, filed by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-B)(Smith, Rodger) Modified on 9/8/2020 (nms). |
| Filing 558 REDACTED VERSION of #541 Proposed Pretrial Order by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 557 REDACTED VERSION of #540 Proposed Pretrial Order by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 556 REDACTED VERSION of #539 Proposed Pretrial Order by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 555 [SEALED] Letter to The Honorable Sherry R. Fallon, from Rodger D. Smith II, regarding discovery dispute. (Attachments: #1 Exhibits 1-10)(Smith, Rodger) Modified on 9/4/2020 (nms). |
| Filing 554 [SEALED] Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan regarding Discovery Dispute - re #552 Letter. (Attachments: #1 Appendix, #2 Exhibit 1-3)(Farnan, Kelly) |
| Filing 553 [SEALED] Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan regarding Discovery Disputes. (Attachments: #1 Exhibit 1-10)(Farnan, Kelly) |
| Filing 552 [SEALED] Letter to The Honorable Sherry R. Fallon, from Rodger D. Smith II, regarding Discovery Dispute. (Attachments: #1 Exhibits A-Q)(Smith, Rodger) Modified on 9/8/2020 (nms). |
| Filing 551 REDACTED VERSION of #547 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 550 Official Transcript of Pretrial Videoconference held on 8/28/20 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 9/22/2020. Redacted Transcript Deadline set for 10/2/2020. Release of Transcript Restriction set for 11/30/2020. (Triozzi, Heather) |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of redacted versions of DI #539 , #540 , and #541 . (nms) |
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Filing 549
ORDER AFTER CONFERENCE: The Court reserved the date of March 15, 2021, for trial (see Order for further details/directives). Signed by Judge Richard G. Andrews on 8/31/2020. (nms)
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| Pro Hac Vice Attorney Bonnie Gaudette for Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics 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. (kmd) |
| Pro Hac Vice Attorney Andrew S. Roper for Baxalta Incorporated,for Baxalta US Inc., for Nektar Therapeutics 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. (myr) |
| Pro Hac Vice Attorney Andrew S. Roper for Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics 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. (kmd) |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Final Pretrial Conference held on 8/28/2020. Counsel for Plaintiffs: F. Cottrell, K. Farnan. Counsel for Defendant: R. Smith. (Court Reporter Heather Triozzi.) (lak) |
| Filing 548 Proposed Final Jury Instructions, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 8/31/2020 (nms). |
| Filing 547 [SEALED] ANSWERING BRIEF in Opposition re #515 MOTION for Leave to File Amended Answer and Counterclaims filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Reply Brief due date per Local Rules is 9/1/2020. (Cottrell, Frederick) |
| Filing 546 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Bayer HealthCare LLC. Motions referred to Sherry R. Fallon.(Smith, Rodger) Modified on 8/25/2020 (nms). |
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Filing 545
SO ORDERED Granting #538 STIPULATION TO EXTEND TIME to Submit Proposed Final Jury Instructions to August 28, 2020. Signed by Judge Richard G. Andrews on 8/24/2020. (nms)
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SO ORDERED, re #544 MOTION for Pro Hac Vice Appearance of Attorney Andrew Roper and Bonnie Gaudette, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 8/24/2020. (nms)
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SO ORDERED, re #546 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Teleconference is set for 9/9/2020 at 11:00 AM before Judge Sherry R. Fallon. Set Deadlines (Moving submissions due 9/3/2020 at 11:00 a.m. Responsive submissions due 9/4/2020 at 11:00 a.m.). Signed by Judge Sherry R. Fallon on 8/24/2020. (Polito, Rebecca)
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| Filing 544 MOTION for Pro Hac Vice Appearance of Attorney Andrew Roper and Bonnie Gaudette - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 543 NOTICE requesting Clerk to remove Erika V. Selli as co-counsel.. (Pedi, Nicole) |
| Filing 542 NOTICE requesting Clerk to remove Scott B. Pittman as co-counsel.. (Pedi, Nicole) |
| Filing 541 [SEALED] Joint Proposed Pretrial Order, Vol 3 of 3, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 8/24/2020 (nms). |
| Filing 540 [SEALED] Joint Proposed Pretrial Order, Vol. 2 of 3, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 8/24/2020 (nms). |
| Filing 539 [SEALED] Joint Proposed Pretrial Order, Vol. 1 of 3, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 8/24/2020 (nms). |
| Filing 538 STIPULATION TO EXTEND TIME to Submit Proposed Final Jury Instructions to August 28, 2020 - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
| Filing 537 Proposed Voir Dire by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Cottrell, Frederick) |
| Filing 536 Proposed Preliminary Jury Instructions, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Cottrell, Frederick) Modified on 8/24/2020 (nms). |
| Filing 535 VERDICT SHEET by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics . (Cottrell, Frederick) |
| Filing 534 VERDICT SHEET by Bayer HealthCare LLC . (Smith, Rodger) |
| Filing 533 NOTICE of Asserted Claims by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Cottrell, Frederick) |
| Filing 532 REDACTED VERSION of #521 Response to Objections by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 531 REDACTED VERSION of #522 Response to Objections by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
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SO ORDERED, re #520 STIPULATION and Proposed Order to Extend Time (*Reset Briefing Schedule: re #515 MOTION for Leave to File Amended Answer and Counterclaims. (Answering Brief due 8/25/2020, Reply Brief due 9/8/2020). Signed by Judge Richard G. Andrews on 8/17/2020. (nms)
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| Filing 530 REDACTED VERSION of #513 Reply Brief, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-8)(Smith, Rodger) Modified on 8/13/2020 (nms). |
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Filing 529
SCHEDULING ORDER: The Jury Trial set for 9/21/2020, will be continued. Plaintiffs have one week to reduce the number of asserted claims to 24. If similar reductions in asserted prior art needs to be made, the parties should attempt to resolve that on their own (See Order for further details). Signed by Judge Richard G. Andrews on 8/12/2020. (lak) Modified on 8/13/2020 (nms).
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| Filing 528 REDACTED VERSION of #519 Opening Brief in Support, by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 527 REDACTED VERSION of #518 Exhibits A-AV to Exhibit B, by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-AR, #2 Exhibits AS-AV)(Smith, Rodger) Modified on 8/11/2020 (nms). |
| Filing 526 REDACTED VERSION of #517 Exhibits 68-86 to Exhibit A, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 79-86)(Smith, Rodger) Modified on 8/11/2020 (nms). |
| Filing 525 REDACTED VERSION of #516 Exhibits 1-67 to Exhibit A, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-17, #2 Exhibits 18-67)(Smith, Rodger) Modified on 8/11/2020 (nms). |
| Filing 524 REDACTED VERSION of #515 MOTION for Leave to File Amended Answer and Counterclaims, by Bayer HealthCare LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Rodger) Modified on 8/11/2020 (nms). |
| Filing 523 REDACTED VERSION of #514 Letter by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
| Filing 522 [SEALED] RESPONSE to #504 Objections, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 8/10/2020 (nms). |
| Filing 521 [SEALED] RESPONSE to #505 Objections, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 8/10/2020 (nms). |
| Filing 520 STIPULATION and Proposed Order to Extend Time - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 8/17/2020 (nms). |
| CORRECTING ENTRY: The letter filed at D.I. #514 has been placed under seal per counsel's request. (nms) |
| CORRECTING ENTRY: The pdf for D.I. #514 has been replaced with a version that reflects its confidential designation. (nms) |
| CORRECTING ENTRY: The pdf for D.I. #519 has been replaced per counsel's request. References to the exhibits A and B have been made. Counsel will serve the corrected brief on opposing counsel. (nms) |
| Filing 519 [SEALED] OPENING BRIEF in Support re #515 MOTION for Leave to File Amended Answer and Counterclaims, filed by Bayer HealthCare LLC.Answering Brief/Response due date per Local Rules is 8/18/2020. (Smith, Rodger) Modified on 8/5/2020 (nms). (Main Document 519 replaced on 8/5/2020) (nms). |
| Filing 518 [SEALED] EXHIBITS A-AV to Exhibit B re #515 MOTION for Leave to File Amended Answer and Counterclaims, by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-Z, #2 Exhibits AA-AR, #3 Exhibits AS-AV)(Smith, Rodger) Modified on 8/5/2020 (nms). |
| Filing 517 [SEALED] EXHIBITS, 68-86 to Exhibit A re #515 MOTION for Leave to File Amended Answer and Counterclaims, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 68-78, #2 Exhibits 79-86)(Smith, Rodger) Modified on 8/5/2020 (nms). |
| Filing 516 [SEALED] EXHIBITS 1-67 to Exhibit A re #515 MOTION for Leave to File Amended Answer and Counterclaims, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-12, #2 Exhibit 13, #3 Exhibits 14-21, #4 Exhibit 22, #5 Exhibits 23-33, #6 Exhibits 34-67)(Smith, Rodger) Modified on 8/5/2020 (nms). |
| Filing 515 [SEALED] MOTION for Leave to File Amended Answer and Counterclaims - filed by Bayer HealthCare LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Rodger) Modified on 8/5/2020 (nms). |
| Filing 514 SEALED Letter to Honorable Richard G. Andrews, from Kelly E. Farnan, regarding joint report concerning feasibility of trial. (Farnan, Kelly) Modified on 8/5/2020 (nms). Modified on 8/5/2020 (nms). (Main Document 514 replaced on 8/5/2020) (nms). |
| Filing 513 [SEALED] REPLY BRIEF re #483 MOTION to Correct Inventorship Pursuant to 35 U.S.C. 256 and to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) - filed by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-8)(Smith, Rodger) |
| Filing 512 REDACTED VERSION of #505 Objections by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
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Filing 511
ORAL ORDER: The Pretrial Conference scheduled for August 28, 2020, will be held using Skype for business. A joint email with the email addresses for all those participating in the hearing shall be due to the Court's Case Manager by 4:00 PM on 8/21/2020. Ordered by Judge Richard G. Andrews on 8/3/2020. (nms)
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| Filing 510 REDACTED VERSION of #504 Objections by Bayer HealthCare LLC. (Attachments: #1 Exhibit A)(Smith, Rodger) |
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Filing 509
ORAL ORDER: The parties are requested to jointly advise by August 4 of their views on feasibility of the trial scheduled for September 21, and, in particular, to state which witnesses they intend to call live, to identify the states in which the witnesses live and their views on travel to Delaware then, and to identify any other currently known concerns about the scheduled trial. Ordered by Judge Richard G. Andrews on 7/30/2020. (nms) Modified on 8/4/2020 (nms).
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| Remark: D.I. #494 has been unsealed. (lih) |
| Filing 508 REDACTED VERSION of #501 Declaration, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 507 REDACTED VERSION of #500 Declaration, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 506 REDACTED VERSION of #499 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 505 [SEALED] OBJECTIONS to #494 Report and Recommendations, filed by Baxalta US Inc., Nektar Therapeutic . (Cottrell, Frederick) Modified on 7/28/2020 (nms). |
| Filing 504 [SEALED] OBJECTIONS to #494 Report and Recommendation, filed by Baxalta US Inc., Nektar Therapeutic. (Attachments: #1 Exhibit A)(Smith, Rodger) Modified on 7/28/2020 (nms). |
| Filing 503 REDACTED VERSION of #498 Reply Brief by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 502 REDACTED VERSION of #497 Answering Brief in Opposition by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 501 [SEALED] DECLARATION, Volume 2 of 2 re #499 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Attachments: #1 Exhibit 23, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26 Part 1, #5 Exhibit 26 Part 2, #6 Exhibit 27-35, #7 Exhibit 36 Part 1, #8 Exhibit 36 Part 2, #9 Exhibit 36 Part 3, #10 Exhibit 36 Part 4, #11 Exhibits 37-46)(Farnan, Kelly) Modified on 7/22/2020 (nms). |
| Filing 500 [SEALED] DECLARATION, Volume 1 of 2 re #499 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Attachments: #1 Exhibit 1-19, #2 Exhibit 20 Part 1, #3 Exhibit 20 Part 2, #4 Exhibit 20 Part 3, #5 Exhibit 20 Part 4, #6 Exhibit 21 Part 1, #7 Exhibit 21 Part 2, #8 Exhibit 21 Part 3, #9 Exhibit 21 Part 4, #10 Exhibit 22)(Farnan, Kelly) Modified on 7/22/2020 (nms). |
| Filing 499 [SEALED] ANSWERING BRIEF in Opposition re #483 MOTION to Correct Inventorship Pursuant to 35 U.S.C. 256 and to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics.Reply Brief due date per Local Rules is 7/28/2020. (Farnan, Kelly) |
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ORAL ORDER- re #494 Sealed Report and Recommendation. The time for compliance with the court's deadline for submission of proposed redactions to D.I. #494 , filed under seal, having expired on 7/21/2020, without a request for an extension for good cause, IT IS HEREBY ORDERED that D.I. #494 will be unsealed for viewing on the public docket on 7/28/2020. Ordered by Judge Sherry R. Fallon on 7/21/2020. (lih)
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| Filing 498 [SEALED] REPLY BRIEF re #490 MOTION to Strike Motion to Correct Inventorship and to Dismiss filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
| Filing 497 [SEALED] ANSWERING BRIEF in Opposition re #490 MOTION to Strike Motion to Correct Inventorship and to Dismiss filed by Bayer HealthCare LLC.Reply Brief due date per Local Rules is 7/23/2020. (Smith, Rodger) |
| Filing 496 REDACTED VERSION of #490 MOTION to Strike Motion to Correct Inventorship and to Dismiss by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Pedi, Nicole) |
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Filing 495
MEMORANDUM ORDER: Regarding document submitted for in camera review (D.I. #487 ). Defendant is to reproduce the document today. Signed by Judge Richard G. Andrews on 7/15/2020. (nms)
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| Filing 494 REPORT AND RECOMMENDATIONS- re #383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues. 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 7/27/2020. Signed by Judge Sherry R. Fallon on 7/13/2020.This order has been emailed to local counsel. (lih) Modified on 7/29/2020 (lih). (Main Document 494 replaced on 7/29/2020) (lih). |
| Filing 493 STIPULATION TO EXTEND TIME Regarding Briefing Deadlines to - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
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Filing 492
ORDER: Opposition to the Motion to Strike (D.I. #490 ) is due by July 16, 2020, and any Reply to the Motion to Strike is due on or before July 20, 2020. Signed by Judge Richard G. Andrews on 7/10/2020. (nms)
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SO ORDERED, re #493 STIPULATION and Proposed Order to Extend Time (*Reset Briefing Schedule: re #483 MOTION to Correct Inventorship Pursuant to 35 U.S.C. 256 and to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1). Answering Brief due 7/21/2020, Reply Brief due 8/4/2020). Signed by Judge Richard G. Andrews on 7/10/2020. (nms)
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| CORRECTING ENTRY: The main pdf for D.I. #490 has been replaced per counsel's request. A correction has been made to a docket citation on page 4. (nms) |
| Set Answering Brief Deadline re #490 MOTION to Strike and Motion to Correct Inventorship and to Dismiss. Answering Brief/Response due date per Local Rules is 7/23/2020. (nms) |
| Filing 491 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding Motion to Strike Motion to Correct Inventorship and to Dismiss (D.I. #490 ). (Attachments: #1 Proposed Order)(Farnan, Kelly) Modified on 7/10/2020 (nms). |
| Filing 490 [SEALED] MOTION to Strike Motion to Correct Inventorship and to Dismiss - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A, #2 Proposed Order)(Farnan, Kelly) Modified on 7/10/2020 (nms). Modified on 7/10/2020 (nms). (Main Document 490 replaced on 7/10/2020) (nms). |
| Filing 489 REDACTED VERSION of #485 Declaration, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-34)(Smith, Rodger) Modified on 7/9/2020 (nms). |
| Filing 488 REDACTED VERSION of #484 Opening Brief in Support, by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 487 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, regarding document for in camera review. (Smith, Rodger) Modified on 7/7/2020 (nms). |
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Filing 486
ORAL ORDER: Bayer is to promptly produce in camera the two-page document that is the subject of its objections dated February 18, 2020. Bayer is prohibited from submitting any further statement or argument justifying the supposed privilege status. Bayers record is limited to what it presented to the Magistrate Judge. Ordered by Judge Richard G. Andrews on 7/6/2020. (nms)
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| Motions No Longer Referred: #483 MOTION to Correct Inventorship Pursuant to 35 U.S.C. 256 and to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1). (nms) |
| Filing 485 [SEALED] DECLARATION of Timothy Q. Li re #484 Opening Brief in Support, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-34)(Smith, Rodger) Modified on 7/1/2020 (nms). |
| Filing 484 [SEALED] OPENING BRIEF in Support re #483 MOTION to Correct Inventorship Pursuant to 35 U.S.C. 256 and to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Bayer HealthCare LLC.Answering Brief/Response due date per Local Rules is 7/14/2020. (Smith, Rodger) |
| Filing 483 MOTION to Correct Inventorship Pursuant to 35 U.S.C. 256 and to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) - filed by Bayer HealthCare LLC.(Smith, Rodger) Modified on 7/1/2020 (nms). |
| Filing 482 NOTICE requesting Clerk to remove Grace L.W. St. Vincent as co-counsel. Reason for request: no longer associated with the action. (Smith, Rodger) |
| Filing 481 REDACTED VERSION of #470 Declaration of Richard Kurz, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 6/29/2020 (nms). |
| Filing 480 REDACTED VERSION of #468 Reply Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 6/29/2020 (nms). |
| Filing 479 REDACTED VERSION of #471 Declaration by Bayer HealthCare LLC. (Attachments: #1 Exs. 36-38)(Smith, Rodger) |
| Filing 478 REDACTED VERSION of #469 Reply Brief by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 477 REDACTED VERSION of #467 Declaration of Richard F. Kurz, Volume 3 of 3, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 13-40)(Pedi, Nicole) Modified on 6/24/2020 (nms). |
| Filing 476 REDACTED VERSION of #466 Declaration of Richard F. Kurz, Volume 2 of 3, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 4-12)(Pedi, Nicole) Modified on 6/24/2020 (nms). |
| Filing 475 REDACTED VERSION of #465 Declaration of Richard F. Kurz, Volume 1 of 3, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 1-3)(Pedi, Nicole) Modified on 6/24/2020 (nms). |
| Filing 474 REDACTED VERSION of #462 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 6/24/2020 (nms). |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of redacted versions of DI #462 , #465 , #466 , and #467 . (nms) |
| Filing 473 REDACTED VERSION of #464 Declaration, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-37, #2 Exhibits 38-55)(Smith, Rodger) Modified on 6/22/2020 (nms). |
| Filing 472 REDACTED VERSION of #463 Answering Brief in Opposition, by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 471 [SEALED] DECLARATION of Lauren Cranford Katzeff re #469 Reply Brief, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 36-38)(Smith, Rodger) Modified on 6/22/2020 (nms). |
| Filing 470 [SEALED] DECLARATION re #468 Reply Brief by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 25 - 44)(Cottrell, Frederick) |
| Filing 469 [SEALED] REPLY BRIEF re #450 MOTION for Summary Judgment filed by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 468 [SEALED] REPLY BRIEF re #447 MOTION for Partial Summary Judgment and To Exclude Certain Expert Opinions Pursuant to Rule 702 And Daubert filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
| CORRECTING ENTRY: The pdf for D.I. 463 has been replaced with an amended version per counsel's request. Typographical errors have been corrected. (nms) |
| Filing 467 [SEALED] DECLARATION of Richard F. Kurz, Volume 3 of 3 re #462 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 13-40)(Cottrell, Frederick) Modified on 6/16/2020 (nms). |
| Filing 466 [SEALED] DECLARATION of Richard F. Kurz, Volume 2 of 3 re #462 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 4-12)(Cottrell, Frederick) Modified on 6/16/2020 (nms). |
| Filing 465 [SEALED] DECLARATION of Richard F. Kurz, Volume 1 of 3 re #462 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 1-3)(Cottrell, Frederick) Modified on 6/16/2020 (nms). |
| Filing 464 [SEALED] DECLARATION of Timothy Q. Li, Esq. re #463 Answering Brief in Opposition, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-10, #2 Exhibits 11-25, #3 Exhibits 26-37, #4 Exhibits 38-49, #5 Exhibits 50-55)(Smith, Rodger) Modified on 6/16/2020 (nms). |
| Filing 463 [SEALED] ANSWERING BRIEF in Opposition re #447 MOTION for Partial Summary Judgment and To Exclude Certain Expert Opinions Pursuant to Rule 702 And Daubert filed by Bayer HealthCare LLC.Reply Brief due date per Local Rules is 6/19/2020. (Smith, Rodger) (Main Document 463 replaced on 6/16/2020) (nms). |
| Filing 462 [SEALED] ANSWERING BRIEF in Opposition re #450 MOTION for Summary Judgment filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Reply Brief due date per Local Rules is 6/19/2020. (Cottrell, Frederick) |
| Filing 461 REDACTED VERSION of #454 Declaration by Bayer HealthCare LLC. (Attachments: #1 Exhibits 19-35)(Smith, Rodger) |
| Filing 460 REDACTED VERSION of #453 Declaration by Bayer HealthCare LLC. (Attachments: #1 Exhibits 7-18)(Smith, Rodger) |
| Filing 459 REDACTED VERSION of #452 Declaration by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-6)(Smith, Rodger) |
| Filing 458 REDACTED VERSION of #451 Opening Brief in Support, by Bayer HealthCare LLC. (Attachments: #1 Appendix A, #2 Appendix B)(Smith, Rodger) |
| Filing 457 REDACTED VERSION of #450 MOTION for Summary Judgment by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 456 REDACTED VERSION of #449 Declaration, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 455 REDACTED VERSION of #448 Opening Brief in Support, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 454 [SEALED] DECLARATION of Lauren Cranford Katzeff, Volume 3 of 3 re #451 Opening Brief in Support, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 19-35)(Smith, Rodger) Modified on 6/1/2020 (nms). |
| Filing 453 [SEALED] DECLARATION of Lauren Cranford Katzeff, Volume 2 of 3 re #451 Opening Brief in Support, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 7-18)(Smith, Rodger) Modified on 6/1/2020 (nms). |
| Filing 452 [SEALED] DECLARATION of Lauren Cranford Katzeff, Volume 1 of 3 re #451 Opening Brief in Support, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-6)(Smith, Rodger) Modified on 6/1/2020 (nms). |
| Filing 451 [SEALED] OPENING BRIEF in Support re #450 MOTION for Summary Judgment filed by Bayer HealthCare LLC.Answering Brief/Response due date per Local Rules is 6/12/2020. (Attachments: #1 Appendix A, #2 Appendix B)(Smith, Rodger) |
| Filing 450 [SEALED] MOTION for Summary Judgment - filed by Bayer HealthCare LLC. (Attachments: #1 [Proposed] Order)(Smith, Rodger) |
| Filing 449 [SEALED] DECLARATION re #447 MOTION for Partial Summary Judgment and To Exclude Certain Expert Opinions Pursuant to Rule 702 And Daubert, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 1-24)(Cottrell, Frederick) Modified on 6/1/2020 (nms). |
| Filing 448 [SEALED] OPENING BRIEF in Support re #447 MOTION for Partial Summary Judgment and To Exclude Certain Expert Opinions Pursuant to Rule 702 And Daubert filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Answering Brief/Response due date per Local Rules is 6/12/2020. (Cottrell, Frederick) Modified on 6/1/2020 (nms). |
| Filing 447 MOTION for Partial Summary Judgment and To Exclude Certain Expert Opinions Pursuant to Rule 702 And Daubert - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Proposed Order)(Cottrell, Frederick) Modified on 6/1/2020 (nms). |
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Filing 446
ORAL ORDER: The Jury Trial is now rescheduled for 9/21/2020, at 9:30 AM in Courtroom 6A, and the Pretrial Conference is reset for 8/28/2020, at 2:00 PM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 4/9/2020. (nms)
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Filing 445
SO ORDERED Granting #444 Stipulation and Order to Extend Deadlines (*Dispositive Motions now due 5/29/2020; Pre-Trial Conference and trial are VACATED) (see Order for further details). Signed by Judge Richard G. Andrews on 3/31/2020. (nms)
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| Filing 444 STIPULATION and Proposed Order to Extend Deadlines, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 3/31/2020 (nms). |
| Filing 443 NOTICE of Withdrawal of Counsel Jeffrey J. Lyons, by Bayer HealthCare LLC. (Lyons, Jeffrey) Modified on 3/27/2020 (nms). |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 3/12/2020 re #383 MOTION to Dismiss and Strike or, in the Alternative Bifurcate. (Court Reporter V. Gunning.) (lih) |
| Filing 442 REDACTED VERSION of #439 Response to Objections by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 441 REDACTED VERSION re #437 [SEALED] Joint Motion to Redact by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-C)(Lyons, Jeffrey) Modified on 3/10/2020 (lih). |
| CORRECTING ENTRY: D.I. #441 has been linked to D.I. #437 . Counsel is advised to ensure that documents are properly linked at the time of filing. (lih) |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #437 . (lih) |
| Filing 440 MOTION for Pro Hac Vice Appearance of Attorney Michael F. Brockmeyer - filed by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Farnan, Kelly) |
| Pro Hac Vice Attorney Michael F. Brockmeyer for Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics 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. (mal) |
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SO ORDERED, re #440 MOTION for Pro Hac Vice Appearance of Attorney Michael F. Brockmeyer, filed by Baxalta US Inc., Nektar Therapeutics, Bayer HealthCare LLC, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 3/5/2020. (nms)
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| Filing 439 [SEALED] RESPONSE to #432 Objections, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 3/4/2020 (nms). |
| Filing 438 REDACTED VERSION of #432 Objections by Bayer HealthCare LLC. (Attachments: #1 Exhibit A)(Lyons, Jeffrey) |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #432 . (nms) |
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SO ORDERED- re #437 Joint Motion to Redact re #422 Transcript. Signed by Judge Sherry R. Fallon on 2/27/2020. (lih)
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| Filing 437 [SEALED] Joint Motion to Redact Portions of the January 29, 2020 Discovery Dispute Teleconference Transcript - filed by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-C)Motions referred to Sherry R. Fallon.(Lyons, Jeffrey) Modified on 2/27/2020 (lih). Modified on 2/27/2020 (nms). |
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SO ORDERED- re #436 STIPULATION TO EXTEND TIME to file Motion to Redact Transcript of January 29, 2020 Hearing to February 26, 2020. Signed by Judge Sherry R. Fallon on 2/25/2020. (lih)
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| Filing 436 STIPULATION TO EXTEND TIME to file Motion to Redact Transcript of January 29, 2020 Hearing to February 26, 2020 - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 435 NOTICE to Take Deposition of Dorian Immler on March 4, 2020 at 9:00 AM filed by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics.(Farnan, Kelly) |
| Filing 434 Letter to The Honorable Richard G. Andrews, from Jeffrey J. Lyons regarding courtesy copies. (Lyons, Jeffrey) Modified on 2/20/2020 (nms). |
| Filing 433 NOTICE of Withdrawal of Counsel by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics (Farnan, Kelly) |
| CORRECTING ENTRY: The main document filed at D.I. #432 was replaced per counsel's request to correct a typographical error. The NEF has been regenerated. (crb) |
| Filing 432 [SEALED] OBJECTIONS by Bayer HealthCare LLC to #425 Order. (Attachments: #1 Exhibit A)(Lyons, Jeffrey) Modified on 2/19/2020 (nms). (Main Document 432 replaced on 2/20/2020) (crb). |
| Filing 431 NOTICE OF SERVICE of (1) Reply Expert Report of Alan J. Russell, Ph.D., (2) Reply Expert Report of Jeffrey V. Ravetch, M.D., Ph.D., and (3) Rebuttal Expert Report of John C. Jarosz filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 430 NOTICE OF SERVICE of 1) the Reply Expert Report of Suzanne M. Sensabaugh; 2) the Reply Infringement Expert Report of Leonard J. Chyall, Ph.D.; and 3) the Reply Expert Report of Loren D. Walensky, M.D., Ph.D. Regarding Infringement filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| CORRECTING ENTRY: D.I. #425 has been unsealed per D.I. #429 . (lih) |
| Filing 429 Letter to The Honorable Sherry R. Fallon, from Nicole K. Pedi, regarding no redactions to Order (D.I. #425 ). (Pedi, Nicole) Modified on 2/13/2020 (nms). |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #425 . (lih) |
| SECOND REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #383 and two copies of D.I. #385 . (lih) |
| Filing 428 NOTICE of Intent to Seal and Redact, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 2/11/2020 (nms). |
| Filing 427 NOTICE of Intent to Request Redaction, by Jeffrey J. Lyons. (Lyons, Jeffrey) Modified on 2/11/2020 (nms). |
| REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #383 and two copies of D.I. #385 . (lih) |
| Filing 426 STIPULATION and Proposed Order, by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC. (Cottrell, Frederick) Modified on 2/10/2020 (nms). |
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SO ORDERED- re #426 Stipulation. Signed by Judge Sherry R. Fallon on 2/7/2020. (lih)
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| Set Hearings: Oral Argument set for 3/11/2020 at 02:00 PM in Courtroom 6C before Judge Sherry R. Fallon. (lih) |
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Filing 425
ORDER re #409 Letter request for in camera review. Signed by Judge Sherry R. Fallon on 2/4/2020.This order has been emailed to local counsel. (Polito, Rebecca) Modified on 2/13/2020 (lih).
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ORAL ORDER GRANTING #406 Request for Oral Argument filed by Bayer HealthCare LLC, #407 Request for Oral Argument, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. The court shall hear argument re D.I. #383 Motion to Dismiss on 3/11/2020 at 2:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. Signed by Judge Sherry R. Fallon on 2/4/2020. (Polito, Rebecca)
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Filing 424
ORAL ORDER: The Motion to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues (D.I. #383 ) is now REFERRED to Magistrate Judge Sherry R. Fallon. Ordered by Judge Richard G. Andrews on 2/3/2020. Motions referred to Sherry R. Fallon.(nms)
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| Filing 423 NOTICE OF SERVICE of (1) Responsive Expert Report of Alan J. Russell, Ph.D.; (2) Responsive Expert Report of Kathryn E. Stein, Ph.D.; and (3) Responsive Expert Report of Jeffrey V. Ravetch, M.D., Ph.D., filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 422 Official Transcript of Discovery Dispute Teleconference held on 01/29/20 before Judge Sherry R. Fallon. Court Reporter/Transcriber Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020. (Triozzi, Heather) |
| Filing 421 Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding document for in camera review. (Smith, Rodger) |
| Filing 420 NOTICE OF SERVICE of 1) the Expert Report of Matthew R. Lynde, Ph.D; 2) the Rebuttal Expert Report of Leonard J. Chyall, Ph.D.; and 3) the Responsive Expert Report of Loren D. Walensky, M.D., Ph.D filed by Baxalta Incorporated, Baxalta US Inc..(Pedi, Nicole) |
| Filing 419 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics' Supplemental Objections and Responses to Defendant Bayer HealthCare LLC's First Set of Requests for Admission (Nos. 1-87) filed by Baxalta Incorporated, Baxalta US Inc..(Pedi, Nicole) |
| Filing 418 REDACTED VERSION of #411 Letter by Baxalta Incorporated, Baxalta US Inc.. (Attachments: #1 Exhibit 1-19)(Pedi, Nicole) |
| Filing 417 NOTICE OF SERVICE of Bayer HealthCare LLC's Fifth Supplemental Responses and Objections to Plaintiffs' Second Set of Interrogatories (No. 3) filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 416 REDACTED VERSION of #412 Letter by Bayer HealthCare LLC. (Attachments: #1 Exhibit A-L)(Lyons, Jeffrey) |
| Filing 415 REDACTED VERSION of #409 Letter by Baxalta Incorporated, Baxalta US Inc.. (Attachments: #1 Exhibit 1-33, #2 Text of Proposed Order)(Pedi, Nicole) |
| Filing 414 REDACTED VERSION of #410 Letter by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-32)(Lyons, Jeffrey) |
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ORAL ORDER- re #397 MOTION for Teleconference to Resolve Discovery Disputes. IT IS HEREBY ORDERED that the transcript of the 1/29/2020 discovery dispute teleconference shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 1/30/2020. (lih)
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| Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 1/29/2020. (Court Reporter H. Triozzi.) (lih) |
| Filing 413 Letter to The Honorable Sherry R. Fallon, from Rodger D. Smith II, regarding proposed order regarding letter (D.I. #410 ). (Attachments: #1 Proposed Order)(Smith, Rodger) Modified on 1/28/2020 (lih). |
| Filing 412 [SEALED] Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding Discovery Dispute - re #409 Letter. (Attachments: #1 Exhibits A-L)(Smith, Rodger) |
| Filing 411 [SEALED] Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan regarding Discovery Dispute - re #410 Letter. (Attachments: #1 Exhibit 1-19)(Farnan, Kelly) (Main Document 411 replaced on 1/24/2020) (lih). |
| CORRECTING ENTRY: Per the request of counsel, the main pdf of D.I. #411 has been replaced to correct a typographical error. (lih) |
| Filing 410 [SEALED] Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding discovery dispute. (Attachments: #1 Exhibits 1-18, #2 Exhibits 19-32)(Smith, Rodger) |
| Filing 409 [SEALED] Letter to The Honorable Sherry R. Fallon, from Kelly E. Farnan, regarding discovery disputes. (Attachments: #1 Exhibits 1-33, #2 Proposed Order)(Farnan, Kelly) Modified on 1/24/2020 (nms). |
| Filing 408 REDACTED VERSION of #400 Reply Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 407 REQUEST for Oral Argument by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics re #383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues. (Cottrell, Frederick) |
| Filing 406 REQUEST for Oral Argument by Bayer HealthCare LLC re #383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues. (Lyons, Jeffrey) |
| Filing 405 REDACTED VERSION of #396 Answering Brief in Opposition, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-9)(Lyons, Jeffrey) |
| Filing 404 NOTICE OF SERVICE of (1) Expert Report of Jeffrey V. Ravetch, M.D., Ph.D.; (2) Expert Report of Guy Young, M.D.; and (3) Expert Report of Alan J. Russell, Ph.D., filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 403 NOTICE OF SERVICE of 1) the Opening Expert Report of Loren D. Walensky, M.D., Ph.D. Regarding Infringement; 2) the Opening Infringement Expert Report of Leonard J. Chyall, Ph.D; and 3) the Opening Expert Report of Suzanne M. Sensabaugh filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Pro Hac Vice Attorney David Shotlander,Scot Pittman for Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics 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. (lak) |
| Filing 402 MOTION for Pro Hac Vice Appearance of Attorney David Shotlander, Scot Pittman and Ralph E. Labaton - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
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SO ORDERED, re #402 MOTION for Pro Hac Vice Appearance of Attorney David Shotlander, Scot Pittman and Ralph E. Labaton, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 1/9/2020. (nms)
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SO ORDERED, re #401 STIPULATION and Proposed Order Extending Time for Redactions. Signed by Judge Richard G. Andrews on 1/9/2020. (nms)
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| Pro Hac Vice Attorney Ralph E. Labaton for Baxalta US 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. (sam) |
| Filing 401 STIPULATION and Proposed Order Extending Time for Redactions - filed by Bayer HealthCare LLC. (Lyons, Jeffrey) Modified on 1/9/2020 (nms). |
| Filing 400 [SEALED] REPLY BRIEF re #383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
| SECOND REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #396 . (nms) |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #396 . (nms) |
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SO ORDERED- #397 MOTION for Teleconference to Resolve Discovery Disputes; #398 Letter request for page extension. A Telephone Conference is set for 1/29/2020 at 02:00 PM before Judge Sherry R. Fallon. Defendant's shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: Moving submission due by no later than 2:00 PM on 1/23/2020; Responsive submission due by no later than 2:00 PM on 1/24/2020.) Ordered by Judge Sherry R. Fallon on 1/2/2020. (lih)
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| Filing 399 NOTICE OF SERVICE of Bayer HealthCare LLC's Fourth Supplemental Responses and Objections to Plaintiffs' Second Set of Interrogatories (No. 3) filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 398 Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan regarding page extension request for discovery dispute submissions. (Farnan, Kelly) |
| Filing 397 MOTION for Teleconference to Resolve Discovery Disputes - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. Motions referred to Sherry R. Fallon.(Cottrell, Frederick) |
| Filing 396 [SEALED] ANSWERING BRIEF in Opposition re #383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues filed by Bayer HealthCare LLC.Reply Brief due date per Local Rules is 12/20/2019. (Attachments: #1 Exhibits 1-9)(Lyons, Jeffrey) |
| Filing 395 NOTICE OF SERVICE of i) Plaintiffs Second Supplemental Objections And Responses To Defendants First Set Of Interrogatories (No. 6); ii) Plaintiffs Third Supplemental Objections And Responses To Defendants First Set Of Interrogatories (No. 9); iii) Plaintiffs First Supplemental Objections And Responses To Defendants Second Set Of Interrogatories (Nos. 13-14); iv) Plaintiffs Objections And Responses To Defendant Bayer Healthcare LLCs Sixth Set Of Interrogatories To Plaintiffs (No. 25) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 394 NOTICE OF SERVICE of Amended Invalidity Contentions and Supplemental Responses to Interrogatories filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 393 REDACTED VERSION of #391 Letter, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 12/5/2019 (nms). |
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Filing 392
SO ORDERED Granting Stipulation and Order to Amend Case Schedule (see Order for further details). Signed by Judge Richard G. Andrews on 12/2/2019. (nms)
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| Filing 391 [SEALED] Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding response to Bayer's request to amend the schedule and scope of trial. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Farnan, Kelly) Modified on 11/26/2019 (nms). |
| Filing 390 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding a Case Schedule Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Rodger) |
| Filing 389 STIPULATION and Proposed Order to Amend Briefing Schedule - filed by Bayer HealthCare LLC. (Lyons, Jeffrey) Modified on 11/21/2019 (nms). |
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SO ORDERED, re #389 STIPULATION and Proposed Order to Amend Briefing Schedule (*Reset Briefing Schedule: re #383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues. Answering Brief due 12/13/2019, Reply Brief due 1/8/2020). Signed by Judge Richard G. Andrews on 11/21/2019. (nms)
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| Filing 388 NOTICE to Take Deposition of Kevin O'Leary on November 26, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 387 NOTICE OF SERVICE of (1) Bayer's Second Supplemental Initial Disclosures and (2) Bayer Healthcare LLC's Second Supplemental Responses and Objections to Plaintiffs' Second Set of Interrogatories (No. 3) filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 386 REDACTED VERSION of #385 Opening Brief in Support, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| CORRECTING ENTRY: D.I. 384 has been removed from the docket. The proposed order filed at that entry has been added to the filing at D.I. #383 . (nms) |
| Filing 385 [SEALED] OPENING BRIEF in Support re #383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues, filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Answering Brief/Response due date per Local Rules is 11/22/2019. (Farnan, Kelly) Modified on 11/12/2019 (nms). |
| Filing 383 MOTION to Dismiss and to Strike Certain Counterclaims and Affirmative Defenses in Amended Answers and Counterclaims or, in the Alternative, to Bifurcate Those Issues - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 11/12/2019 (nms). (Additional attachment(s) added on 11/12/2019: #1 Proposed Order) (nms). |
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Filing 382
ORAL ORDER: The objections to the Magistrate Judge's Order (D.I. #342 ) are OVERRULED. The Order is neither clearly erroneous nor an abuse of discretion. The document in question may or may not make a difference in the PTAB litigation, but that is for the PTAB to decide. The harm to Bayer if the heavily redacted document becomes public does not seem significant. Ordered by Judge Richard G. Andrews on 11/7/2019. (nms)
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| Filing 381 [SEALED] AMENDED ANSWER and COUNTERCLAIMS of Bayer HealthCare LLC in C.A. No. 181355-RGA (Attachments: #1 Exhibits A-Z, #2 Exhibits AA-AR)(nms) |
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Filing 380
SO ORDERED re #379 Stipulation and Order regarding Defendants' Amended Answer and Counterclaims in C.A. 18-1355-RGA (see Order for further details). Signed by Judge Richard G. Andrews on 11/7/2019. (nms)
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| Filing 379 STIPULATION and Proposed Order by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Farnan, Kelly) Modified on 11/7/2019 (nms). |
| Filing 378 NOTICE OF SERVICE of Sixth Set of Interrogatories to Plaintiffs (No. 25) filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 377 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Bayer Healthcare LLC's Subpoena to Paul Pedigo filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 376 REDACTED VERSION of #333 Answer to Amended Complaint,, Counterclaim, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 68-78)(Lyons, Jeffrey) |
| Filing 375 REDACTED VERSION of #332 Opening Brief in Support, by Bayer HealthCare LLC. (Lyons, Jeffrey) |
| Filing 374 REDACTED VERSION of #331 MOTION for Leave to File Amended Answer and Counterclaims in C.A. 18-1355 (RGA), by Bayer HealthCare LLC. (Attachments: #1 Exhibit 1, part 1, #2 Exhibit 1, part 2, #3 Exhibit 2)(Lyons, Jeffrey) Modified on 11/6/2019 (nms). |
| Filing 373 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Bayer Healthcare LLC's Second Notice of 30(b)(6) Deposition to Plaintiffs filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 372 NOTICE OF SERVICE of Plaintiff Nektar Therapeuticss Supplemental Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) and Plaintiffs Baxalta Inc. and Baxalta US Inc.s Supplemental Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) filed by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics.(Pedi, Nicole) |
| CORRECTING ENTRY: D.I. #371 has been recoded to reflect the filing is a notice and not a motion. The docket text fort the entry has also been corrected to reflect this. (nms) |
| Filing 371 NOTICE of Deposition of Eric Helgeson, filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Cottrell, Frederick) Modified on 11/5/2019 (nms). |
| Filing 370 NOTICE OF SERVICE of (1) Bayer's Supplemental Initial Disclosures; (2) Bayer's Amended Invalidity Contentions Regarding U.S. Patent Nos. 7,872,072; 8,273,833; 8,809,453; and 9,187,569; (3) Defendant's Second Supplemental Invalidity Contentions Regarding U.S. Patent Nos. 7,199,223, 7,863,421, 8,247,536, 8,519,102, 8,618,259, 8,889,831, and 9,999,657; (4) Bayer Healthcare LLC's First Supplemental Responses and Objections to Plaintiff's First Set of Interrogatories (No. 1); (5) Bayer Healthcare LLC's First Supplemental Responses and Objections to Plaintiffs' Second Set of Interrogatories (Nos. 2-8); (6) Bayer Healthcare LLC's Second Supplemental Responses and Objections to Plaintiffs' Third Set of Interrogatories (Nos. 9-10); (7) Bayer Healthcare LLC's First Supplemental Responses and Objections to Plaintiff's Fourth Set of Interrogatories (Nos. 11-18); and (8) Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Fifth Set of Interrogatories (No. 19) filed by Bayer HealthCare LLC.(Lyons, Jeffrey) |
| Filing 369 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant Bayer Healthcare LLC's: (1) Fifth Set of Interrogatories to Plaintiffs (No. 24); and (2) Sixth Set of Requests for Production of Documents (Nos. 287-293) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 368 REDACTED VERSION of #359 Response to Objections by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 367 NOTICE of Third-Party Subpoena by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Pedi, Nicole) |
| Filing 366 MOTION for Pro Hac Vice Appearance of Attorney Paul J. Zegger - filed by Bayer HealthCare LLC. (Smith, Rodger) |
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SO ORDERED, re #366 MOTION for Pro Hac Vice Appearance of Attorney Paul J. Zegger, filed by Bayer HealthCare LLC. Signed by Judge Richard G. Andrews on 11/1/2019. (nms)
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| CORRECTING ENTRY: The pdf for D.I. #365 has been replaced with a corrected version per counsel's request. The NEF for the filing has been regenerated. (nms) |
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SO ORDERED, re #365 STIPULATION TO EXTEND TIME to File Redactions to November 5, 2019. Signed by Judge Richard G. Andrews on 10/31/2019. (nms)
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| Filing 365 STIPULATION TO EXTEND TIME to File Redactions to November 5, 2019 - filed by Bayer Healthcare, LLC. (Lyons, Jeffrey) (Main Document 365 replaced on 10/31/2019) (nms). Modified on 10/31/2019 (nms). |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of redacted versions of DI #331 , #332 , and #333 . (nms) |
| Filing 364 NOTICE OF SERVICE of Plaintiffs' Objections to Defendant Bayer Healthcare LLC's Deposition Testimony and Document Production Subpoena Dated October 23, 2019 Directed to NOF America Corp. filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
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SO ORDERED, re #363 STIPULATION and Proposed Order for Extending Time for Redactions. Signed by Judge Richard G. Andrews on 10/28/2019. (nms)
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| Filing 363 STIPULATION and Proposed Order for Extending Time for Redactions - filed by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/28/2019 (nms). |
| Filing 362 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant Bayer Healthcare LLC's Fourth Set of Interrogatories to Plaintiffs (No. 23) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 361 REDACTED VERSION of #345 Response to Objections by Bayer HealthCare LLC. (Smith, Rodger) |
| CORRECTING ENTRY: The pdf for D.I. #358 has been replaced per counsel's request. The NEF for the filing has been regenerated. (nms) |
| Filing 360 Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding request for expedited review of Defendant's Objections. (Farnan, Kelly) |
| Filing 359 [SEALED] RESPONSE to #342 Objections, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cottrell, Frederick) Modified on 10/24/2019 (nms). |
| Filing 358 NOTICE of Third-Party Subpoenas on Paul Pedigo, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/24/2019 (nms). (Main Document 358 replaced on 10/24/2019) (nms). |
| Filing 357 NOTICE of Third-Party Subpoena on NOF America Corp., by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/24/2019 (nms). |
| Filing 356 NOTICE to Take Deposition of Mr. David Banchik on November 1, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 355 NOTICE to Take Deposition of Dr. Peter Turecek on October 29, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 354 REDACTED VERSION of #342 Objections by Bayer HealthCare LLC. (Lyons, Jeffrey) |
| Filing 353 REDACTED VERSION of #341 Declaration by Bayer HealthCare LLC. (Lyons, Jeffrey) |
| Filing 352 REDACTED VERSION of #340 MOTION to Redact Memorandum Order, by Bayer HealthCare LLC. (Lyons, Jeffrey) Modified on 10/24/2019 (nms). |
| Filing 351 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, regarding courtesy copies of the docket items associated with Objections to the Opinion (D.I. 329). (Smith, Rodger) Modified on 10/23/2019 (nms). |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of redacted versions of DI #331 , #332 , and #333 . (nms) |
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Filing 350
ORDER: The time for Plaintiffs to respond to Motion for Leave to File Amended Answer and Counterclaims in C.A. 18-1355 (D.I. #331 ) and Defendants' Third Amended Counterclaims (D.I. #333 ) is hereby extended through and including November 8, 2019 (see Order for further details). Signed by Judge Richard G. Andrews on 10/22/2019. (nms)
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| Filing 349 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding Plaintiffs' extension request. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly) Modified on 10/22/2019 (nms). |
| Filing 348 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, regarding response to Plaintiffs' letter requesting a two-week extension of time in connection with Bayer's amended counterclaims (D.I. #346 ). (Attachments: #1 Text of Proposed Order)(Smith, Rodger) Modified on 10/22/2019 (nms). |
| Filing 347 NOTICE OF SERVICE of 1) Objections and Responses to Fifth Set of Requests for Production of Documents (Nos. 243-286); 2) Objections and Responses to Third Set of Interrogatories (Nos. 15-22); and 3) Objections and Responses to First Set of Requests for Admission (Nos. 1-87) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 346 Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding time to respond to amended pleading and motion to amend. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly) |
| Filing 345 [SEALED] RESPONSE to #322 Objections, by Bayer HealthCare LLC . (Attachments: #1 Exhibit A)(Smith, Rodger) Modified on 10/18/2019 (nms). |
| Filing 344 NOTICE of Third-Pary Subpoena by Bayer HealthCare LLC (Smith, Rodger) |
| Filing 343 REDACTED VERSION of #329 Memorandum Order. (lih) |
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SO ORDERED- re #340 MOTION to Redact re #329 Memorandum Order. Signed by Judge Sherry R. Fallon on 10/17/2019. (lih)
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| Filing 342 [SEALED] OBJECTIONS by Bayer HealthCare LLC to #329 Memorandum and Order . (Smith, Rodger) |
| Filing 341 [SEALED] DECLARATION of Saurabh Prabhakar re #340 MOTION to Redact by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/17/2019 (lih). |
| Filing 340 [SEALED] MOTION to Redact re #329 Memorandum Order - filed by Bayer HealthCare LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Sherry R. Fallon.(Smith, Rodger) Modified on 10/17/2019 (lih). |
| Filing 339 NOTICE OF SERVICE of Bayer Healthcare LLC's First Supplemental Responses and Objections to Plaintiffs' Third Set of Interrogatories (Nos. 9-10), filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Remark: D.I. #312 has been unsealed per D.I. #338 . (lih) |
| Filing 338 Letter to Honorable Sherry R. Fallon from Nicole K. Pedi regarding no redactions to Memorandum Order. (Pedi, Nicole) |
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ORAL ORDER- IT IS HEREBY ORDERED that (1) the request for an extension of time (D.I. #330 ) to comply with the courts order (D.I. #312 ) is GRANTED. Bayer shall produce a first tranche of emails and attachments on October 15, 2019, and the remaining responsive emails and attachments no later than October 31, 2019; (2) Bayer will complete its production of the remaining commercial documents requested by plaintiffs ( D. I. #196 , Appendix A; D.I. #197 at 1) and provide supplemental responses to plaintiffs interrogatories numbers 9 and 10, on or before October 18, 2019; and (3) The parties will comply with the courts discovery dispute procedures in the event they are unable to reach agreement concerning deposition scheduling. Ordered by Judge Sherry R. Fallon on 10/15/2019. (lih)
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| Filing 337 Letter to The Honorable Sherry R. Fallon, from Kelly E. Farnan, regarding Defendant's request for an extension. (Attachments: #1 Exhibit 1)(Farnan, Kelly) Modified on 10/15/2019 (nms). |
| Filing 336 REDACTED VERSION of #324 Letter, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A-J)(Pedi, Nicole) |
| Filing 335 REDACTED VERSION of #323 Declaration of Richard F. Kurz, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 1-2)(Pedi, Nicole) Modified on 10/15/2019 (nms). |
| Filing 334 REDACTED VERSION of #322 Objections, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 10/15/2019 (nms). |
| Filing 333 [SEALED] Third Amended ANSWER to #281 Amended Complaint, with Jury Demand, and COUNTERCLAIM against Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics by Bayer HealthCare LLC. (Attachments: #1 Exhibits 68-78)(Smith, Rodger) Modified on 10/15/2019 (nms). |
| Filing 332 [SEALED] OPENING BRIEF in Support re #331 MOTION for Leave to File Amended Answer and Counterclaims in C.A. 18-1355 (RGA), filed by Bayer HealthCare LLC.Answering Brief/Response due date per Local Rules is 10/25/2019. (Smith, Rodger) Modified on 10/15/2019 (nms). |
| Filing 331 [SEALED] MOTION for Leave to File Amended Answer and Counterclaims in C.A. 18-1355 (RGA) - filed by Bayer HealthCare LLC. (Attachments: #1 Exhibit 1, #2 Exhibits A-Z, #3 Exhibits AA-AR, #4 Exhibit 2)(Smith, Rodger) Modified on 10/15/2019 (nms). |
| Filing 330 Letter to The Honorable Sherry R. Fallon, from Rodger D. Smith II, regarding request to modify the Court's September 30, 2019 Order (D.I. #312 ). (Attachments: #1 Exhibits A-B)(Smith, Rodger) Modified on 10/15/2019 (nms). |
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Filing 329
[SEALED] MEMORANDUM ORDER- re #324 Letter. Signed by Judge Sherry R. Fallon on 10/9/2019.This order has been emailed to local counsel only. (lih)
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| Filing 328 Letter to The Honorable Richard G. Andrews, from Frederick L. Cottrell III, regarding courtesy copies pursuant to the Courts Standing Order for Rule 72 Objections. (Cottrell, Frederick) Modified on 10/8/2019 (nms). |
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ORAL ORDER- IT IS HEREBY ORDERED that counsel shall submit a joint proposed redacted version of #312 Sealed Order by no later than 10/15/2019. Ordered by Judge Sherry R. Fallon on 10/7/2019. (lih)
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| CORRECTING ENTRY: The main pdf of D.I. #324 has been replaced with a revised version of the filing per the request of counsel. (lih) |
| Filing 327 MOTION for Pro Hac Vice Appearance of Attorney Nicholas F. Giove and Jason Kanter - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
| Filing 326 STIPULATION TO EXTEND TIME re: Plaintiffs Answer to Defendants Counterclaims DI.301 to through and including October 21, 2019 - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
| CORRECTING ENTRY: The Oral Order entered on 9/19/2019, has now been assigned docket item number 325. (nms) |
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SO ORDERED, re #326 STIPULATION TO EXTEND TIME to answer Counterclaims to October 21, 2019. Signed by Judge Richard G. Andrews on 10/4/2019. (nms)
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SO ORDERED, re #327 MOTION for Pro Hac Vice Appearance of Attorney Nicholas F. Giove and Jason Kanter, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 10/4/2019. (nms)
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| Filing 324 [SEALED] Joint Letter to The Honorable Sherry R. Fallon from Frederick L. Cottrell III regarding modifying the protective order. (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)(Cottrell, Frederick) (Main Document 324 replaced on 10/7/2019) (lih). |
| Filing 323 [SEALED] DECLARATION of Richard F. Kurz re #322 Objections, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cottrell, Frederick) Modified on 10/4/2019 (nms). |
| Filing 322 [SEALED] OBJECTIONS to 325 Oral Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 10/4/2019 (nms). |
| Filing 321 REDACTED VERSION of #307 Letter by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 320 NOTICE OF SERVICE of Plaintiffs' Fifth Set of Interrogatories (No. 19) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 319 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's Fifth Set of Interrogatories to Plaintiffs (No. 24); and (2) Defendant Bayer Healthcare LLC's Sixth Set of Requests for Production of Documents to Plaintiffs (Nos. 287-292), filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 318 NOTICE to Take Deposition of Baxalta Incorporated, Baxalta US Inc., and Nektar Therapeutics on October 20, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 317 NOTICE OF SERVICE of Plaintiffs Second Amended Disclosure of Preliminary Infringement Contentions filed by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics.(Pedi, Nicole) |
| Filing 316 REDACTED VERSION of #301 Amended Answer to Complaint,, Counterclaim, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-17, #2 Exhibits 18-67)(Smith, Rodger) Modified on 10/1/2019 (nms). |
| Filing 315 NOTICE OF SERVICE of (1) Responses and Objections to Plaintiffs' Fourth Set of Interrogatories (Nos. 11-18) and (2) Responses to Plaintiffs' First Set of Requests for Admission (Nos. 1-98) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 314 REDACTED VERSION of #298 Declaration by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
| Filing 313 REDACTED VERSION of #297 Letter by Baxalta Incorporated, Baxalta US Inc., Bayer HealthCare LLC, Nektar Therapeutics. (Pedi, Nicole) |
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Filing 312
ORDER regarding motion to compel. Signed by Judge Sherry R. Fallon on 9/30/2019.This order has been emailed to local counsel only. (lih) Modified on 10/16/2019 (lih). (Main Document 312 replaced on 10/16/2019) (lih).
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| Filing 311 Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding Plaintiffs' September 26, 2019 Letter - re #308 Letter. (Attachments: #1 Exhibit A)(Smith, Rodger) |
| Filing 310 Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan - re #307 Letter. (Farnan, Kelly) Modified on 9/30/2019 (lih). |
| Filing 309 NOTICE OF SERVICE of Plaintiffs' Objections to Defendant Bayer Healthcare LLC's Subpoena Dated September 12, 2019 Directed to Michael Roberts filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 308 Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan regarding Plaintiffs' request that the Court compel Bayer to use previously agreed search terms. (Farnan, Kelly) |
| Filing 307 [SEALED] Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding Response to the Court's Order. (Attachments: #1 Exhibit A)(Smith, Rodger) |
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Filing 306
STIPULATION and Order to Extend Time for Redactions - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 9/25/2019 (nms).
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ORAL ORDER- Having been informed by the parties that the pending discovery dispute has been resolved, IT IS HEREBY ORDERED that the discovery dispute teleconference set in this matter for 9/26/2019 is CANCELLED. Ordered by Judge Sherry R. Fallon on 9/25/2019. (lih)
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SO ORDERED, re #306 STIPULATION and Order to Extend Time for Redactions. Signed by Judge Richard G. Andrews on 9/25/2019. (nms)
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| Filing 305 NOTICE OF SERVICE of Objections to Subpoena dated September 10, 2019 directed to Chris Searcy filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 304 REDACTED VERSION of #299 Letter by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 303 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Fourth Set of Interrogatories to Plaintiffs (No. 23) -- filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 302 Official Transcript of Telephone Conference held on September 19, 2019 before Judge Sherry R. Fallon. Court Reporter Brian Gaffigan, Telephone number (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 10/15/2019. Redacted Transcript Deadline set for 10/25/2019. Release of Transcript Restriction set for 12/23/2019. (bpg) |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #297 and #298 . (lih) |
| Filing 301 [SEALED] AMENDED ANSWER to #281 Second Amended Complaint, and COUNTERCLAIMS against Bayer HealthCare LLC by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-12, #2 Exhibit 13, #3 Exhibits 14-21, #4 Exhibit 22, #5 Exhibits 23-31, #6 Exhibits 32-67)(Smith, Rodger) Modified on 9/24/2019 (nms). |
| Filing 300 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's Fifth Set of Requests for Production of Documents to Plaintiffs (Nos. 243-286); (2) Defendant Bayer Healthcare LLC's Third Set of interrogatories to Plaintiffs (Nos. 15-22); and (3) Defendant Bayer Healthcare LLC's First Set of Requests for Admission (Nos. 1-87), filed by Bayer HealthCare LLC.(Smith, Rodger) |
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Filing 325
ORAL ORDER- re #285 Joint MOTION for Teleconference to Resolve Discovery Disputes. IT IS HEREBY ORDERED that the transcript of the 9/19/2019 discovery dispute teleconference shall serve as the order of the court. IT IS FURTHER ORDERED that the court shall conduct discovery telephone conference on 9/26/2019 at 11:00 AM before Judge Sherry R. Fallon. Counsel for the plaintiff shall initiate the call to 302-573-4557. Counsel shall submit a joint letter submission, limited to no more than four pages, by no later than 11:00 AM on 9/25/2019. Ordered by Judge Sherry R. Fallon on 9/19/2019. (lih)
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| Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Telephone Conference held on 9/19/2019. (Court Reporter B. Gaffigan.) (lih) |
| Filing 299 [SEALED] Letter to The Honorable Sherry R. Fallon, from Michael Flynn, regarding Discovery Disputes (D.I. #297 ). (Attachments: #1 Exhibit A)(Flynn, Michael) Modified on 9/18/2019 (nms). |
| Filing 298 [SEALED] DECLARATION re #297 Letter by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A-P)(Farnan, Kelly) |
| Filing 297 [SEALED] Letter to Sherry R. Fallon from Kelly E. Farnan regarding Discovery Disputes. (Farnan, Kelly) |
| Filing 296 NOTICE of of Third-Party Subpoenas by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pedi, Nicole) |
| Filing 295 NOTICE of Subpoena to Xuan (Simon) Zhao by Bayer HealthCare LLC (Smith, Rodger) |
| Filing 294 NOTICE of Subpoena on Michael Roberts, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 9/13/2019 (nms). |
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Filing 293
SO ORDERED Granting #290 Stipulation and Order to Case Schedule (*Reset Deadlines/Hearings: Amended Pleadings due by 10/11/2019, Fact Discovery completed by 11/1/2019, Joinder of Parties due by 10/11/2019, Dispositive Motions due by 4/3/2020, A 7 day Jury Trial is set to begin 6/8/2020, at 9:30 AM in Courtroom 6A, A Pretrial Conference is set for 5/29/2020, at 8:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 9/10/2019. (nms)
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| Filing 292 NOTICE OF SERVICE of Plaintiffs' Objections to Defendant Bayer Healthcare LLC's Deposition Testimony and Document Production Subpoenas Dated August 28, 2019 Directed to King & Spalding LLP filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 291 NOTICE of Subpoena on Chris Searcy, by Bayer HealthCare LLC (Smith, Rodger) Modified on 9/11/2019 (nms). |
| Filing 290 STIPULATION and [Proposed] Order to Case Schedule by Bayer HealthCare LLC. (Smith, Rodger) |
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Filing 289
ORDER- re #275 Letter, #268 Letter. Signed by Judge Sherry R. Fallon on 9/9/2019. (lih)
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ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that the discovery dispute teleconference previously set in this matter 9/19/2019 at 2:00 PM is RESCHEDULED to 10:00 AM before Judge Sherry R. Fallon. Ordered by Judge Sherry R. Fallon on 9/9/2019. (lih)
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| Filing 288 NOTICE OF SERVICE of Second Supplemental Objections and Responses to First Set of Interrogatories (Nos. 1 and 9) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 287 Official Transcript of Markman Hearing held on 08/20/19 before Judge Richard G. Andrews. Court Reporter/Transcriber Heather M. Triozzi,Telephone number 302-573-6195. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (Triozzi, Heather) |
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SO ORDERED- re #285 Joint MOTION Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 9/19/2019 at 02:00 PM before Judge Sherry R. Fallon. Counsel for the plaintiffs shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submissions due by 2:00 PM on 9/16/2019, Responsive submissions due by 2:00 PM on 9/17/2019.) Signed by Judge Sherry R. Fallon on 9/6/2019. (lih)
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| Filing 286 NOTICE OF SERVICE of Objections and Responses to First Notice of 30(b)(6) Deposition to Plaintiffs filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 285 Joint MOTION Teleconference to Resolve Discovery Disputes - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. Motions referred to Sherry R. Fallon.(Farnan, Kelly) |
| Filing 284 NOTICE to Take Deposition of Xuan (Simon) Zhao on October 8, 2019, filed by Bayer HealthCare LLC.(Smith, Rodger) Modified on 9/6/2019 (nms). |
| Filing 283 NOTICE to Take Deposition of Xiaoming Shen on October 9, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 282 NOTICE of Subpoena to William D. Battle III, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 9/6/2019 (nms). |
| Filing 281 SECOND AMENDED COMPLAINT For Patent Infringement against Bayer HealthCare LLC- filed by Baxalta Incorporated, Nektar Therapeutics, Baxalta US Inc..(nms) |
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SO ORDERED, re #280 Stipulation and Proposed Order to File Second Amended Complaint. Signed by Judge Richard G. Andrews on 9/4/2019. (nms)
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| Filing 280 STIPULATION and [Proposed] Order to File Second Amended Complaint by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Kelly) |
| Filing 279 Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding backup tapes and Plaintiffs' August 28, 2019 letter - re #275 Letter. (Smith, Rodger) |
| Filing 278 NOTICE OF SERVICE of Plaintiffs' 1) Fourth Set of Interrogatories (Nos. 11-18); and 2) First Set of Requests for Admission (Nos. 1-98) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 277 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Responses to Plaintiffs' Fifth Set of Requests for Production (Nos. 151-188) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 276 DECLARATION of Richard F. Kurz re #275 Letter, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A)(Farnan, Kelly) Modified on 8/29/2019 (nms). |
| Filing 275 Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan regarding discovery dispute. (Farnan, Kelly) |
| Filing 274 NOTICE of Third-Party Subpoena to King & Spalding LLP by Bayer HealthCare LLC (Smith, Rodger) |
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Filing 273
CLAIM CONSTRUCTION ORDER. Signed by Judge Richard G. Andrews on 8/28/2019. (nms)
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| Filing 272 PROPOSED Claim Construction Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 8/27/2019 (nms). |
| CORRECTING ENTRY: The pdf for D.I. 271 has been replaced per counsel's request. Typographical errors have been corrected. The NEF for the filing has been regenerated. (nms) |
| Filing 271 NOTICE of Third-Party Subpoenas to Enzon Pharmaceuticals, Inc. by Bayer HealthCare LLC (Smith, Rodger) (Main Document 271 replaced on 8/27/2019) (nms). |
| Filing 270 NOTICE OF SERVICE of Plaintiff's Objections to Defendant Bayer Healthcare LLC's Deposition Testimony and Document Production Subpoena Dated August 6, 2019 Directed to Christopher Humphrey filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 269 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Objections and Responses to Plaintiffs' Notice of 30(b)(6) Deposition to Bayer filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 268 Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding June 5, 2019 discovery dispute conference and production of backup tapes by Plaintiff Nektar. (Attachments: #1 [Proposed] Order)(Smith, Rodger) |
| Filing 267 NOTICE OF SERVICE of 1) Plaintiffs' Objections to Defendant's Subpoenas to King & Spalding LLP; 2) Plaintiffs' Objections to Defendant's Subpoenas to McDermott Will & Emery LLP; and 3) Plaintiffs' Objections to Defendant's Subpoenas to Alston & Bird LLP filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
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SO ORDERED, re #266 MOTION for Pro Hac Vice Appearance of Attorney Kaitlin Abrams, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 8/22/2019. (nms)
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| Pro Hac Vice Attorney Kaitlin Abrams for Baxalta Incorporated, Baxalta US Inc., and Nektar Therapeutics 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. (amf) |
| Filing 266 MOTION for Pro Hac Vice Appearance of Attorney Kaitlin Abrams - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 265 NOTICE to Take Deposition of Dr. Antoni Kozlowski on September 13, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
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SO ORDERED, re #263 MOTION for Pro Hac Vice Appearance of Attorney Timothy Q. Li, filed by Bayer HealthCare LLC. Signed by Judge Richard G. Andrews on 8/20/2019. (nms)
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| Minute Entry for proceedings held before Judge Richard G. Andrews - Markman Hearing held on 8/20/2019. Local counsel present for plaintiffs: K. Farnan. Local counsel present for defendants: R. Smith. (Court Reporter Heather Triozzi.) (crb) |
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Filing 264
ORAL ORDER: The Court allots 30 minutes per side for the Markman hearing scheduled on August 20. Ordered by Judge Richard G. Andrews on 8/19/2019. (crb)
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| Filing 263 MOTION for Pro Hac Vice Appearance of Attorney Timothy Q. Li - filed by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 262 NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Responses to Defendant's First Set of Interrogatories (Nos. 5, 6, 8 and 9) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 261 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Responses to Plaintiffs' Fourth Set of Requests for Production (Nos. 120-150) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 260 NOTICE of Third-Party Subpoena (Jeffrey Schaffnit) by Bayer HealthCare LLC (Smith, Rodger) |
| Filing 259 NOTICE to Take Deposition of Mr. Timothy Guichard on September 6, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 258 NOTICE to Take Deposition of Mr. Michael Moye on September 30, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 257 NOTICE to Take Deposition of Ms. Kathy Flynn on September 17, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 256 NOTICE to Take Deposition of Ms. Joanna Stevens on September 4, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 255 NOTICE to Take Deposition of Ms. Jessica Jamieson on September 24, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 254 NOTICE to Take Deposition of Ms. Ping Zhang on September 4, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 253 NOTICE of Subpoena to Stephen Charles by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A)(Pedi, Nicole) Modified on 8/20/2019 (nms). |
| Filing 252 NOTICE of Subpoena on Joe Milton Harris, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A)(Farnan, Kelly) Modified on 8/14/2019 (nms). |
| Filing 251 NOTICE of Subpoena on Michael Bently, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A)(Farnan, Kelly) Modified on 8/14/2019 (nms). |
| Filing 250 NOTICE of Third-Party Subpoena (Stephen Charles) by Bayer HealthCare LLC (Smith, Rodger) |
| Filing 249 NOTICE of Third-Party Subpoena (Joe Milton Harris) by Bayer HealthCare LLC (Smith, Rodger) |
| Filing 248 APPENDIX, Volume II re #246 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Tab 3, #2 Tab 4, #3 Tab 5, #4 Tab 6, #5 Tab 7)(Cottrell, Frederick) Modified on 8/13/2019 (nms). |
| Filing 247 APPENDIX, Volume I re #246 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Tab 1, #2 Tab 2 Part 1, #3 Tab 2 Part 2, #4 Tab 2 Part 3, #5 Tab 2 Part 4, #6 Tab 2 Part 5)(Cottrell, Frederick) Modified on 8/13/2019 (nms). |
| Filing 246 Joint Claim Construction Brief, filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) Modified on 8/13/2019 (nms). |
| Filing 245 NOTICE of Third-Party Subpoena to McDermott Will & Emery LLP, by Bayer HealthCare LLC (Smith, Rodger) Modified on 8/9/2019 (nms). |
| Filing 244 NOTICE of Third-Party Subpoena to King & Spalding LLP, by Bayer HealthCare LLC (Smith, Rodger) Modified on 8/9/2019 (nms). |
| Filing 243 NOTICE of Third-Party Subpoena to Alston & Bird LLP, by Bayer HealthCare LLC (Smith, Rodger) Modified on 8/9/2019 (nms). |
| Filing 242 NOTICE of Third-Party Subpoena to Enzon Pharmaceuticals, Inc., by Bayer HealthCare LLC (Smith, Rodger) Modified on 8/9/2019 (nms). |
| Filing 241 NOTICE OF SERVICE of (1) Bayer Healthcare LLC's Sur-Reply Claim Construction Brief; and (2) Expert Declaration of Alan J. Russell, Ph.D. in Support of Bayer's Sur-Reply Claim Construction Brief, filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 240 NOTICE of Third-Party Subpoena on Rinko Ghosh, by Bayer HealthCare LLC (Smith, Rodger) Modified on 8/7/2019 (nms). |
| Filing 239 NOTICE of Third-Party Subpoena of Michael Bentley, by Bayer HealthCare LLC (Smith, Rodger) Modified on 8/7/2019 (nms). |
| Filing 238 NOTICE of Third-Party Subpoena on Christopher Humphrey, by Bayer HealthCare LLC (Smith, Rodger) Modified on 8/7/2019 (nms). |
| Filing 237 NOTICE of Third-Party Subpoena to Antoni Kozlowski, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 8/7/2019 (nms). (Main Document 237 replaced on 8/8/2019 to include proof of service pages) (crb). |
| Filing 236 NOTICE to Take Deposition of Mr. Timothy Marquart on September 5, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 235 NOTICE to Take Deposition of Dr. Susan Evans on September 4, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 234 NOTICE to Take Deposition of Ms. Mary Bossard on August 28, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 233 NOTICE to Take Deposition of Mr. Mark Wilson on August 23, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
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Filing 232
CLAIM CONSTRUCTION ORDER. Signed by Judge Richard G. Andrews on 8/5/2019. (nms)
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| Filing 231 NOTICE to Take Deposition of Bayer Healthcare LLC on August 23, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 230 NOTICE OF SERVICE of Plaintiffs' Fifth Set of Requests for the Production of Documents and Things (Nos. 151-188) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 229 NOTICE to Take Deposition of Jennifer Restivo on August 20, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 228 NOTICE to Take Deposition of Olimpia Nan on August 27, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 227 NOTICE to Take Deposition of Sarah Egan on August 28, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 226 NOTICE to Take Deposition of Baxalta Incorporated, Baxalta US Inc. and Nektar Therapeutics on August 20, 2019 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 225 PROPOSED Claim Construction Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Letter)(Farnan, Kelly) Modified on 7/30/2019 (nms). |
| Filing 224 STIPULATION TO EXTEND TIME for (1) All motions to join other parties, and to amend or supplement the pleadings and (2) All fact discovery shall be initiated so that it will be completed to September 6, 2019 and September 30, 2019, respectively - filed by Bayer HealthCare LLC. (Smith, Rodger) |
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SO ORDERED, re #224 STIPULATION and Proposed Order to Modify Consolidation and Scheduling Order (D.I. #132 ) (*Reset Deadlines: Amended Pleadings due by 9/6/2019, Fact Discovery completed by 9/30/2019, Joinder of Parties due by 9/6/2019). Signed by Judge Richard G. Andrews on 7/29/2019. (nms)
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Filing 223
MEMORANDUM OPINION providing claim construction for multiple terms in the Bossard family of patents, U.S. Patent Nos. 7,199,223; 7,863,421; 8,247,536; 8,519,102; 8,618,259; 8,889,831; and 9,999,657. Within five days the Parties shall submit a proposed order consistent with this Memorandum Opinion. Signed by Judge Richard G. Andrews on 7/22/2019. (nms)
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| Filing 222 NOTICE of Subpoena to Testify at Deposition on Michelle Meng, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Pedi, Nicole) Modified on 7/22/2019 (nms). |
| Filing 221 NOTICE of Subpoena to Testify at Deposition on Michael Fournel, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Exhibit A)(Pedi, Nicole) Modified on 7/22/2019 (nms). |
| Filing 220 NOTICE of Subpoena to Testify at Deposition on Kris Antonsen, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit A)(Pedi, Nicole) Modified on 7/22/2019 (nms). |
| Filing 219 NOTICE to Take Deposition of Yvonne Katterle on August 15, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 218 NOTICE to Take Deposition of Francesca Eugenio on August 28, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 217 NOTICE of Subpoena to Milan Tomic by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Subpoena)(Pedi, Nicole) |
| Filing 216 NOTICE of Subpoena to John Murpy by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics (Attachments: #1 Subpoena)(Pedi, Nicole) |
| Filing 215 NOTICE to Take Deposition of John Boyle on August 12, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 214 NOTICE to Take Deposition of Joanne Severs on August 30, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 213 NOTICE to Take Deposition of Chris McDonough-Wei on August 28, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 212 NOTICE to Take Deposition of John Teare on August 14, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 211 NOTICE to Take Deposition of Alan Stevenson on August 13, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 210 NOTICE to Take Deposition of Paul Whetstone on August 16, 2019 filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 209 NOTICE OF SERVICE of Plaintiffs' Fourth Set of Requests for the Production of Documents and Things (Nos. 120-150) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 208 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc., and Nektar Therapeutics' Amended Disclosure of Preliminary Infringement Contentions filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 207 NOTICE OF SERVICE of Plaintiffs' Second Supplemental Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 206 NOTICE OF SERVICE of (1) Bayer Healthcare LLC's Answering Claim Construction Brief; (2) Declaration of Grace L.W. St. Vincent in Support of Bayer Healthcare LLC's Answering Claim Construction Brief; and (3) Expert Declaration of Alan J. Russell, Ph.D. in Support of Bayer's Answering Claim Construction Brief - filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 205 NOTICE OF SERVICE of Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Third Set of Interrogatories (Nos. 9-10) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Markman Hearing held on 6/21/2019. Local Counsel present for plaintiffs: K. Farnan. Local counsel present for defendants: R. Smith. (Court Reporter Heather Triozzi.) (crb) |
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Filing 204
ORAL ORDER: The parties are limited to 45 minutes per side for the Markman hearing scheduled on 6/21/2019. Ordered by Judge Richard G. Andrews on 6/20/2019. (nms)
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| Filing 203 NOTICE OF SERVICE of Bayer Healthcare LLC's Supplemental Disclosure Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 202 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Second Set of Interrogatories (Nos. 10-14) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 201 REDACTED VERSION of #198 Letter by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1-7)(Pedi, Nicole) Modified on 6/12/2019 (lih). |
| Filing 200 REDACTED VERSION of #196 Letter by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1-9)(Pedi, Nicole) Modified on 6/12/2019 (lih). |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #196 and #198 . (lih) |
| Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 6/5/2019. (Court Reporter S. Ingram (Hawkins Reporting).) (lih) |
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Oral Order: For the reasons stated in the bench rulings in the discovery dispute teleconference held on June 5, 2019, which shall serve as the Order of the Court: (1) Defendants motion to compel plaintiffs to produce data stored on backup tapes is granted-in-part. Plaintiffs shall produce discovery recovered from a sampling of 100 backup tapes as soon as practicable given the current deadlines in the scheduling order; (2) Plaintiffs reciprocal request for production of discovery from defendants backup tapes is denied without prejudice; and (3) Defendants request for production of documents from additional ESI terms and custodians is denied without prejudice based upon plaintiffs proffered search terms and custodians, however, the parties are directed to further meet and confer on the issue. Ordered by Judge Sherry R. Fallon on 6/5/2019. (lih)
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ORAL ORDER- IT IS HEREBY ORDERED that: the discovery dispute teleconference previously set in this matter for 11:00 AM is RESCHEDULED to 02:00 PM before Judge Sherry R. Fallon. Counsel for the defendant shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 6/5/2019. (lih)
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| Filing 199 NOTICE OF SERVICE of Plaintiff's Opening Claim Construction Brief filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 198 [SEALED] Letter to The Honorable Sherry R. Fallon from Kelly E. Farnan, Esq. regarding Response to Bayer's May 30, 2019 Letter to The Honorable Judge Fallon - re #195 Letter. (Attachments: #1 Exhibit 1-7)(Farnan, Kelly) |
| Filing 197 Letter to The Honorable Sherry R. Fallon from Michael Flynn regarding Plaintiffs' May 30, 2019 Letter - re #196 Letter. (Flynn, Michael) |
| NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #195 and #196 . (lih) |
| Filing 196 [SEALED] Letter to Honorable Sherry R. Fallon from Kelly E. Farnan regarding Nektar's Backup Tapes and Plaintiffs' Damages Search Terms. (Attachments: #1 Exhibit 1 - 9)(Farnan, Kelly) |
| Filing 195 Letter to The Honorable Sherry R. Fallon from Rodger D. Smith II regarding Nektar's Backup Tapes and Plaintiffs' Damages Search Terms. (Attachments: #1 Exhibits A-H)(Smith, Rodger) |
| Filing 194 NOTICE of Withdrawal by Bayer HealthCare LLC (Smith, Rodger) |
| Filing 193 NOTICE OF SERVICE of Notice of Asserted Claims filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 192 NOTICE OF SERVICE of Plaintiffs' Third Set of Interrogatories (Nos. 9-10) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 191 Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by Bayer HealthCare LLC. Motions referred to Sherry R. Fallon.(Smith, Rodger) |
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SO ORDERED- re #191 Joint MOTION for Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 6/5/2019 at 11:00 AM before Judge Sherry R. Fallon. Counsel for the defendant shall initiate the call to 302-573-4557. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by close of business on 5/30/2019, Responsive submission due by close of business on 5/31/2019.) Signed by Judge Sherry R. Fallon on 5/22/2019. (lih)
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| Filing 190 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Second Set of Interrogatories to Plaintiffs (Nos. 10-14) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 189 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Supplemental Responses to Plaintiffs' First Set of Requests for Production (Nos.1-74) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 188 APPENDIX, Volume III re #185 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10)(Farnan, Kelly) Modified on 5/6/2019 (nms). |
| Filing 187 APPENDIX, Volume II re #185 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 4 Part 1, #2 Exhibit 4 Part 2, #3 Exhibit 5)(Farnan, Kelly) Modified on 5/6/2019 (nms). |
| Filing 186 APPENDIX, Volume I re #185 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2, #4 Exhibit 3)(Farnan, Kelly) Modified on 5/6/2019 (nms). |
| Filing 185 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 5/6/2019 (nms). |
| Filing 184 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Proposed Constructions of Identified Claim Terms filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 183 NOTICE OF SERVICE of Plaintiffs' proposed claim constructions and supporting intrinsic evidence filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 182 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Responses to Plaintiffs' Third Set of Requests for Production (Nos. 83-119) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 181 NOTICE OF SERVICE of Bayer Healthcare LLC's list of claim terms/phrases that may require construction filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 180 NOTICE OF SERVICE of Plaintiffs' list of claim terms that may require construction filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 179 NOTICE requesting Clerk to remove Caroline Bercier as co-counsel. Reason for request: No longer with the firm. (Smith, Rodger) |
| Filing 178 NOTICE OF SERVICE of Bayer Healthcare LLC's Responses and Objections to Plaintiffs' Second Set of Interrogatories (Nos. 2-8) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 177 NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions Regarding U.S. Patent Nos. 7,026,440; 7,872,072; 8,273,833; 8,809,453; and 9,187,569, filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 176 NOTICE OF SERVICE of Plaintiffs': (1) Supplemental Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery; and (2) Objections and Responses to Defendant's Fourth Set of Requests for Production of Documents (Nos. 165-242) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 175 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc., and Nektar Therapeutics' Third Set of Requests for the Production of Documents and Things (Nos. 83-119) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
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Filing 174
ORAL ORDER: Any discovery related disputes are now REFERRED to Magistrate Judge Sherry R. Fallon. Ordered by Judge Richard G. Andrews on 3/19/2019. (nms)
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| Filing 173 NOTICE OF SERVICE of Notice of Asserted Claims filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 172 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc., and Nektar Therapeutics 1) Initial Disclosure of Preliminary Infringement Contentions Regarding the Bentley Patents-in-Suit; and 2) Second Set of Interrogatories (Nos. 2-8) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 171 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding Plaintiffs' March 6, 2018 letter (D.I. #169 ). (Smith, Rodger) Modified on 3/7/2019 (nms). |
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Filing 170
ORAL ORDER: The Markman Hearing initially scheduled for 2/25/2019, is now reset for 6/21/2019, at 10:00 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 3/6/2019. (nms)
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| Filing 169 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding discovery dispute. (Attachments: #1 Exhibits A-C)(Farnan, Kelly) Modified on 3/7/2019 (nms). |
| Filing 168 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding request for the scheduling of a discovery conference. (Attachments: #1 Exhibits A-B)(Smith, Rodger) |
| Filing 167 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding opposition to consolidation (D.I. #166 ). (Farnan, Kelly) Modified on 3/5/2019 (nms). |
| Filing 166 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding Markman hearing. (Smith, Rodger) |
| Filing 165 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Fourth Set of Requests for Production of Documents to Plaintiffs (Nos. 165-242), filed by Bayer HealthCare LLC.(Smith, Rodger) |
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Filing 164
ORAL ORDER: Due to a scheduling conflict the Markman Hearing schedule for 2/25/2019, is CANCELLED. The hearing will be reset for a date to be determined. Ordered by Judge Richard G. Andrews on 2/21/2019. (nms)
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| Filing 163 NOTICE OF SERVICE of Defendant's First Supplemental Invalidity Contentions Regarding U.S. Patent Nos. 7,199,223, 7,863,421, 8,143,378, 8,247,536, 8,519,102, 8,618,259, 8,889,831, and 9,999,657, filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 162 Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Takeda Pharmaceutical Company Limited for Baxalta Incorporated, Baxalta US Inc. filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Cottrell, Frederick) |
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Filing 161
ORAL ORDER: The Markman Hearing is now rescheduled to 2/25/2019, at 9:00 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 1/8/2019. (nms)
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Filing 160
ORAL ORDER: Due to a scheduling conflict the Markman Hearing scheduled for 1/10/2019, is CANCELED and will be rescheduled for a date to be determined. Ordered by Judge Richard G. Andrews on 1/4/2019. (nms)
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| Filing 159 REDACTED VERSION of #147 Appendix, Volume 11 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 158 REDACTED VERSION of #146 Appendix, Volume 10 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 part 2)(Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 157 REDACTED VERSION of #145 Appendix, Volume 9 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 156 REDACTED VERSION of #144 Appendix, Volume 8 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 155 REDACTED VERSION of #143 Appendix, Volume 7 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 154 REDACTED VERSION of #142 Appendix, Volume 6 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 153 REDACTED VERSION of #141 Appendix, Volume 5 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 152 REDACTED VERSION of #140 Appendix, Volume 4 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 151 REDACTED VERSION of #139 Appendix, Volume 3 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 150 REDACTED VERSION of #138 Appendix, Volume 2 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 149 REDACTED VERSION of #137 Appendix, Volume 1 of 11, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 148 REDACTED VERSION of #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) Modified on 1/2/2019 (nms). |
| Filing 147 [SEALED] Joint Appendix, Volume 11 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 146 [SEALED] Joint Appendix, Volume 10 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 part 2)(Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 145 [SEALED] Joint Appendix, Volume 9 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 144 [SEALED] Joint Appendix, Volume 8 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 143 [SEALED] Joint Appendix, Volume 7 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 142 [SEALED] Joint Appendix, Volume 6 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 141 [SEALED] Joint Appendix, Volume 5 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 140 [SEALED] Joint Appendix, Volume 4 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 139 [SEALED] Joint Appendix, Volume 3 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 138 [SEALED] Joint Appendix, Volume 2 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 137 [SEALED] Joint Appendix, Volume 1 of 11 re #136 Joint Claim Construction Brief, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 136 [SEALED] Joint Claim Construction Brief, filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/28/2018 (nms). |
| Filing 135 NOTICE OF SERVICE of Plaintiffs Baxalta Inc., Baxalta US Inc. and Nektar Therapeutics' 1) Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery; and 2) Initial Disclosures Pursuant to Paragraph 4(a) of the Default Standard for Discovery filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 134 NOTICE OF SERVICE of Initial Disclosure Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 133 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's Sur-Reply Claim Construction Brief and (2) Expert Declaration of Jeffrey V. Ravetch, M.D., Ph.D. in Support of Bayer's Sur-Reply Claim Construction Brief, filed by Bayer HealthCare LLC.(Smith, Rodger) |
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Filing 132
CONSOLIDATION and SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/2/2019. Amended Pleadings due by 8/2/2019. Fact Discovery completed by 8/30/2019. Dispositive Motions due by 2/21/2020. A Markman Hearing on the Independent Claim terms is set for 1/10/2019, at 9:30 AM in Courtroom 6A. A Pretrial Conference on Liability is set for 4/17/2020, at 9:30 AM in Courtroom 6A. A 7 day Jury Trial concerning Liability is set to start 4/27/2020, at 9:30 AM in Courtroom 6A. A Markman Hearing on Dependent Claim terms is set for 8/20/2019, at 9:30 AM in Courtroom 6A ORDER (see Order for further details). Signed by Judge Richard G. Andrews on 12/6/2018. Associated Cases: 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(nms)
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| Filing 131 PROPOSED Consolidation and Scheduling Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/5/2018 (nms). |
| Filing 130 NOTICE OF SERVICE of 1) Plaintiff Nektar Therapeutics' Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) and 2) Plaintiffs Baxalta Incorporated and Baxalta US Inc.'s Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 129 NOTICE OF SERVICE of Bayer Healthcare LLC's Initial Disclosures, filed by Bayer HealthCare LLC.(Smith, Rodger) |
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SO ORDERED, re (128 in 17-cv-1316-RGA, 29 in 18-cv-1355-RGA) STIPULATION TO EXTEND TIME for the parties to submit a proposed Scheduling Order to through and including December 4, 2018. Signed by Judge Richard G. Andrews on 12/3/2018. Associated Cases: 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(nms)
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| Filing 128 STIPULATION TO EXTEND TIME for the parties to submit a proposed Scheduling Order to through and including December 4, 2018 - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
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Filing 127
ORDER: IT IS ORDERED that, on or before COB on Thursday March 21, 2019, separate status reports on these matters shall be provided by the parties to the court with a copy to Cathleen Kennedy, Judicial Administrator, and opposing counsel via email addressing the following: present status of these matters, description of the parties discussions, if any, regarding settlement, whether further mediation has occurred in Germany and the status of the German action, the parties interest in mediation of these matters and the timing of mediation. For other issues/concerns that the parties deem confidential related to the above inquiries, the parties may also forward private confidential emails addressing these issues/concerns. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 11/30/18. (cak)
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| Filing 126 Official Transcript of Discovery Dispute Conference held on 11/20/18 before Judge Richard G. Andrews. Court Reporter/Transcriber Heather M. Triozzi,Telephone number 302-573-6195. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/27/2019. (Triozzi, Heather) |
| Filing 125 REDACTED VERSION of #119 Letter, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 1-3)(Pedi, Nicole) Modified on 11/27/2018 (nms). |
| Filing 124 REDACTED VERSION of #113 Letter, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 1-3)(Pedi, Nicole) Modified on 11/27/2018 (nms). |
| Filing 123 REDACTED VERSION of #112 Declaration of Angus Chen, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 1-9)(Pedi, Nicole) Modified on 11/27/2018 (nms). |
| Filing 122 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Third Set of Requests for Production of Documents (Nos. 160-164) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 121 REDACTED VERSION of #117 Declaration of Julie Hsia, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-5)(Smith, Rodger) Modified on 11/26/2018 (nms). |
| Filing 120 REDACTED VERSION of #115 Declaration of Kevin O'Brien, by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-D)(Smith, Rodger) Modified on 11/26/2018 (nms). |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Discovery Conference held on 11/20/2018. (Court Reporter Heather Triozzi.) (nms) |
| Filing 119 [SEALED] Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding Discovery Disputes. (Attachments: #1 Exhibit 1-3)(Farnan, Kelly) Modified on 11/25/2018 (nms). |
| Filing 118 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding discovery dispute - re #114 Letter, #113 Letter. (Smith, Rodger) |
| Filing 117 [SEALED] DECLARATION of Julie Hsia re #116 Reply Brief, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-5)(Smith, Rodger) Modified on 11/19/2018 (nms). |
| Filing 116 REPLY BRIEF re #104 MOTION to Consolidate filed by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 115 [SEALED] DECLARATION of Kevin OBrien re #114 Letter, by Bayer HealthCare LLC. (Attachments: #1 Exhibits A-D)(Smith, Rodger) Modified on 11/16/2018 (nms). |
| Filing 114 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding discovery dispute. (Smith, Rodger) |
| Filing 113 [SEALED] Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding discovery disputes. (Attachments: #1 Exhibit 1-3)(Farnan, Kelly) |
| Filing 112 [SEALED] DECLARATION re #111 Answering Brief in Opposition by Baxalta Incorporated, Baxalta US Inc.. (Attachments: #1 Exhibit 1 - 9)(Farnan, Kelly) |
| Filing 111 ANSWERING BRIEF in Opposition re #104 MOTION to Consolidate filed by Baxalta Incorporated, Baxalta US Inc..Reply Brief due date per Local Rules is 11/23/2018. (Farnan, Kelly) |
| Filing 110 NOTICE of Subpoenas, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 11/15/2018 (nms). |
| Filing 109 NOTICE OF SERVICE of (1) Plaintiff Bayer Healthcare LLC's Answering Claim Construction Brief; (2) Expert Declaration of Jeffrey V. Ravetch, M.D., Ph.D. in Support of Bayer's Answering Claim Construction Brief; and (3) Declaration of Lauren Cranford Katzeff in Support of Bayer Healthcare LLC's Answering Claim Construction Brief filed by Bayer HealthCare LLC.(Smith, Rodger) |
| CORRECTING ENTRY: The pdf for D.I. 105 has been replaced per counsel's request. The number of depositions on page 7 has been corrected. The NEF for the filing has been regenerated. (nms) |
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Filing 108
ORDER: Plaintiffs shall file their response to the Motion to Consolidate no later than November 15, 2018, and Defendant shall file its reply in support of the Motion no later than November 19, 2018. Signed by Judge Richard G. Andrews on 11/8/2018. Associated Cases: 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(nms)
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| Filing 107 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding Defendants Motion to Consolidate. (Attachments: #1 Proposed Order)(Farnan, Kelly) Modified on 11/8/2018 (nms). |
| Filing 106 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, regarding request to expedite briefing. (Attachments: #1 Proposed Order)(Smith, Rodger) Modified on 11/8/2018 (nms). |
| Filing 105 OPENING BRIEF in Support re #104 MOTION to Consolidate, filed by Bayer HealthCare LLC.Answering Brief/Response due date per Local Rules is 11/21/2018. (Smith, Rodger) Modified on 11/8/2018 (nms). (Main Document 105 replaced on 11/9/2018) (nms). |
| Filing 104 MOTION to Consolidate - filed by Bayer HealthCare LLC. (Smith, Rodger) Modified on 11/8/2018 (nms). |
| Filing 103 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Responses to Plaintiffs' Second Set of Requests for Production (Nos. 75-82) filed by Bayer HealthCare LLC.(Smith, Rodger) |
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Filing 102
ORAL ORDER: The parties have advised that a dispute has arisen requiring judicial attention. The Court will hold a discovery conference on 11/20/2018, at 4:00 PM in Chambers 6A before Judge Richard G. Andrews to take up this issue. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Scheduling Order. Ordered by Judge Richard G. Andrews on 10/31/2018. (nms)
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| Filing 101 NOTICE OF SERVICE of Third Set of Requests for Production of Documents to Plaintiffs (Nos. 160-164) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 100 NOTICE of Change of Attorney Name for Lauren Cranford Katzeff by Bayer HealthCare LLC (Smith, Rodger) |
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Filing 99
ORAL ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 11/27/2018 at 9:00 AM Eastern Time before Judge Mary Pat Thynge as a follow up to prior teleconferences regarding mediation in 16-1122-RGA, 17-1316-RGA, and 18-1355-RGA. Should counsel feel there is nothing more to report, they may advise in a joint email to this Judge and her Judicial Administrator, Cathleen Kennedy, on or before COB Tuesday 11/20/18. Ordered by Judge Mary Pat Thynge on 10/9/18. Associated Cases: 1:17-cv-01316-RGA, 1:16-cv-01122-RGA, 1:18-cv-01355-RGA(cak)
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| Filing 98 NOTICE OF SERVICE of Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 75-82) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Pro Hac Vice Attorney Julie L. Hsia for Bayer HealthCare 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. Associated Cases: 1:16-cv-01122-RGA, 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(ceg) |
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SO ORDERED, re #97 MOTION for Pro Hac Vice Appearance of Attorney Julie L. Hsia, filed by Bayer HealthCare LLC, Bayer Healthcare LLC. Signed by Judge Richard G. Andrews on 9/26/2018. (nms)
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| Filing 97 MOTION for Pro Hac Vice Appearance of Attorney Julie L. Hsia - filed by Bayer Healthcare LLC. (Smith, Rodger) |
| Filing 96 Appendix, Volume 14 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 95-102, #2 Exhibits 103-105, #3 Exhibits 106-114)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 95 Appendix, Volume 13 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 83 - Part 2, #2 Exhibits 84-91, #3 Exhibits 92-94)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 94 Appendix, Volume 12 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 80-82, #2 Exhibit 83 - Part 1)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 93 Appendix, Volume 11 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 70-79)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 92 Appendix, Volume 10 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 51-69)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 91 Appendix, Volume 9 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits 17-35, #2 Exhibits 36-50)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 90 Appendix, Volume 8 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 14 - Part 1, #2 Exhibit 14 - Part 2, #3 Exhibit 15, #4 Exhibit 16)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 89 Appendix, Volume 7 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 12, #2 Exhibit 13)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 88 Appendix, Volume 6 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 10 - Part 1, #2 Exhibit 10 - Part 2, #3 Exhibit 11)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 87 Appendix, Volume 5 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 8 - Part 1, #2 Exhibit 8 - Part 2, #3 Exhibit 9)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 86 Appendix, Volume 4 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 6 - Part 1, #2 Exhibit 6 - Part 2, #3 Exhibit 7)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 85 Appendix, Volume 2 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 3, #2 Exhibit 4 - Part 1, #3 Exhibit 4 - Part 2, #4 Exhibit 4 - Part 3, #5 Exhibit 5)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 84 Appendix, Volume 2 re #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 2-BAXJIVI 742-981, #2 Exhibit 2-BAXJIVI 982-1175, #3 Exhibit 2-BAXJIVI 1176-1361, #4 Exhibit 2-BAXJIVI 1362-1488, #5 Exhibit 2-BAXJIVI 1489-1645)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 83 APPENDIX, Volume 1 of 14 to #82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1, #2 Exhibit 2-BAXJIVI 1-220, #3 Exhibit 2-BAXJIVI 221-429, #4 Exhibit 2-BAXJIVI 430-612, #5 Exhibit 2-BAXJIVI 613-741)(Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 82 Joint Claim Construction Chart, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 9/17/2018 (nms). |
| Filing 81 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's Proposed Constructions of Identified Claim Terms filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 80 NOTICE OF SERVICE of Plaintiffs' proposed claim constructions and supporting intrinsic evidence filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
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Filing 79
ORAL ORDER Setting Teleconference: A follow up teleconference is scheduled for Tuesday, October 9, 2018 at 10:00 a.m. Eastern Time to be initiated by counsel for defendants, the purpose of which is to discuss status of various matters, of which Judge Thynge is aware, that is, 16-1122-RGA, 17-1316-RGA and 18-1355-RGA, and their effect on ADR. Ordered by Judge Mary Pat Thynge on 9/7/2018. (fms)
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SO ORDERED, re #78 Stipulation and Order to Amend Scheduling Order. Signed by Judge Richard G. Andrews on 9/4/2018. (nms)
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| Filing 78 STIPULATION and [Proposed] Order to Amend Scheduling Order by Bayer HealthCare LLC. (Flynn, Michael) |
| Filing 77 NOTICE OF SERVICE of Defendant's Responses to Plaintiff's First Set of Interrogatories (No. 1) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 76 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Second Set of Requests for Production of Documents (Nos. 150-159) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 75 NOTICE OF SERVICE of Plaintiffs' Second Supplemental Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 74 NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions Regarding the Independent Claims of U.S. Patent Nos. 7,199,223, 7,863,421, 8,143,378, 8,247,536, 8,519,102, 8,618,259, 8,889,831, and 9,999,657 filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 73 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated, Baxalta US Inc., and Nektar Therapeutics' list of claim terms that may require construction filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 72 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's List of Claim Terms and Phrases that May Require Construction, filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 71 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's First Set of Interrogatories (Nos. 1-9) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
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Filing 70
SO ORDERED, re #67 Proposed Protective Order. Signed by Judge Richard G. Andrews on 8/14/2018. (nms)
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| Filing 69 NOTICE of Subpoena on McKinsey & Company by Bayer HealthCare LLC (Attachments: #1 Exhibit 1)(Smith, Rodger) |
| Filing 68 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's First Set of Requests for Production of Documents (Nos. 1-149) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 67 PROPOSED Protective Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 8/14/2018 (nms). |
| Filing 66 ANSWER to #61 Answer to Amended Complaint, Counterclaim by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 65 NOTICE requesting Clerk to remove Michelle E. Irwin as co-counsel. Reason for request: Left Firm. (Farnan, Kelly) |
| Filing 64 NOTICE OF SERVICE of Plaintiffs' First Set of Interrogatories (No. 1) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 63 NOTICE OF SERVICE of Plaintiffs' Supplemental Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 62 NOTICE OF SERVICE of Second Set of Requests for Production of Documents to Plaintiffs (Nos. 150-159) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 61 ANSWER to #52 Amended Complaint with Jury Demand, and COUNTERCLAIMS against Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics, by Bayer HealthCare LLC.(Smith, Rodger) Modified on 7/24/2018 (nms). |
| Pro Hac Vice Attorney Ching-Lee Fukuda for Bayer HealthCare 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. Associated Cases: 1:16-cv-01122-RGA, 1:17-cv-01316-RGA(ceg) |
| Filing 60 NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contentions filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 59 NOTICE OF SERVICE of Defendant Bayer Healthcare LLC's First Set of Interrogatories to Plaintiffs (Nos. 1 - 9) filed by Bayer HealthCare LLC.(Flynn, Michael) |
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SO ORDERED, re #58 MOTION for Pro Hac Vice Appearance of Attorney Kevin O'Brien, filed by Bayer HealthCare LLC. Signed by Judge Richard G. Andrews on 7/17/2018. (nms)
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| Filing 58 MOTION for Pro Hac Vice Appearance of Attorney Kevin O'Brien - filed by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 57 NOTICE OF SERVICE of (1) Defendant Bayer Healthcare LLC's First Set of Requests for Production of Documents to Plaintiffs (Nos. 1 149); and (2) Defendant Bayer Healthcare LLC's Responses to Plaintiffs First Set of Requests for Production (Nos. 1-74) filed by Bayer HealthCare LLC.(Flynn, Michael) |
| Filing 56 NOTICE OF SERVICE of Bayer Healthcare LLC's Production of Core Technical Documents Pursuant to Delaware's Default Standard for Discovery Paragraph 4(b) filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 55 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 54 NOTICE OF SERVICE of Bayer Healthcare LLC's Initial Disclosure Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 53 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,999,657 ;7,199,223 ;7,863,421 ;8,143,378 ;8,247,536 ;8,519,102 ;8,618,259 ; 8,889,831. (Pedi, Nicole) |
| Filing 52 AMENDED COMPLAINT For Patent Infringement against Bayer HealthCare LLC- filed by Baxalta Incorporated, Nektar Therapeutics, Baxalta US Inc..(nms) |
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Filing 51
ORDER Granting #50 Unopposed Motion for Leave to File First Amended Complaint. Signed by Judge Richard G. Andrews on 7/2/2018. (nms)
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| Filing 50 Unopposed Motion for Leave to File First Amended Complaint - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Farnan, Kelly) Modified on 7/2/2018 (nms). |
| Filing 49 MOTION for Pro Hac Vice Appearance of Attorney Gwen Hochman Stewart - filed by Bayer HealthCare LLC. (Smith, Rodger) |
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Filing 48
ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 8/13/2018 at 11:00 AM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 6/26/2018. (fms)
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SO ORDERED, re #49 MOTION for Pro Hac Vice Appearance of Attorney Gwen Hochman Stewart, filed by Bayer HealthCare LLC. Signed by Judge Richard G. Andrews on 6/26/2018. (nms)
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| CASE REFERRED to Chief Magistrate Judge 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 (fms) |
| Filing 47 NOTICE OF SERVICE of Plaintiff Nektar Therapeutics Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) filed by Nektar Therapeutics.(Farnan, Kelly) |
| Filing 46 NOTICE OF SERVICE of Plaintiffs Baxalta Incorporated and Baxalta US Inc.s Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) filed by Baxalta Incorporated, Baxalta US Inc..(Farnan, Kelly) |
| Filing 45 NOTICE OF SERVICE of Bayer's Initial Disclosures filed by Bayer HealthCare LLC.(Smith, Rodger) |
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Filing 44
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/13/2019. Amended Pleadings due by 12/13/2019. Fact Discovery completed by 6/14/2019. Dispositive Motions due by 10/18/2019. Joint Claim Construction Brief due by 12/21/2018. A Markman Hearing is set for 1/10/2019, at 9:30 AM in Courtroom 6A before Judge Richard G. Andrews. A Pretrial Conference is set for 1/3/2020, at 8:30 AM in Courtroom 6A before Judge Richard G. Andrews. A Jury Trial is set for 1/21/2020, at 9:30 AM in Courtroom 6A before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 6/19/2018. (nms)
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| Filing 43 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, regarding Plaintiffs' June 18, 2018 Letter (D.I. #42 ). (Attachments: #1 Exhibit A)(Smith, Rodger) Modified on 6/21/2018 (nms). |
| Filing 42 Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding proposed scheduling order. (Farnan, Kelly) Modified on 6/21/2018 (nms). |
| Filing 41 PROPOSED Scheduling Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 6/21/2018 (nms). |
| Pro Hac Vice Attorney Caroline Bercier for Bayer HealthCare 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. (crb) |
| Filing 40 NOTICE OF SERVICE of Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-74) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 39 Official Transcript of Scheduling Conference held on 06-08-18 before Judge Richard G. Andrews. Court Reporter/Transcriber Leonard A. Dibbs. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/2/2018. Redacted Transcript Deadline set for 7/11/2018. Release of Transcript Restriction set for 9/10/2018. (lad) |
| Filing 38 NOTICE OF SERVICE of Plaintiffs Baxalta Inc., Baxalta US Inc., and Nektar Therapeutics' Identification of Accused Products and Asserted Products filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 6/8/2018. (Court Reporter Leonard Dibbs.) (ksr, ) |
| Filing 37 PROPOSED Scheduling Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Letter)(Farnan, Kelly) Modified on 6/6/2018 (nms). |
| Filing 36 MOTION for Pro Hac Vice Appearance of Attorney Ching-Lee Fukuda - filed by Bayer HealthCare LLC. (Smith, Rodger) |
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SO ORDERED, re #36 MOTION for Pro Hac Vice Appearance of Attorney Ching-Lee Fukuda, filed by Bayer HealthCare LLC. Signed by Judge Richard G. Andrews on 6/4/2018. (nms)
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SO ORDERED, re #34 MOTION for Pro Hac Vice Appearance of Attorney Saurabh Prabhakar, filed by Bayer HealthCare LLC. Signed by Judge Richard G. Andrews on 5/23/2018. (nms)
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| Filing 35 ANSWER to #32 Answer to Complaint, Counterclaim by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
| Filing 34 MOTION for Pro Hac Vice Appearance of Attorney Saurabh Prabhakar - filed by Bayer HealthCare LLC. (Flynn, Michael) |
| Filing 33 MOTION for Pro Hac Vice Appearance of Attorney Lauren C. Cranford - filed by Bayer HealthCare LLC. (Smith, Rodger) |
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SO ORDERED, re #33 MOTION for Pro Hac Vice Appearance of Attorney Lauren C. Cranford, filed by Bayer HealthCare LLC. Signed by Judge Richard G. Andrews on 5/14/2018. (nms)
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| Filing 32 ANSWER to #1 Complaint, with Jury Demand, and COUNTERCLAIMS against Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics, by Bayer HealthCare LLC.(Smith, Rodger) Modified on 5/9/2018 (nms). |
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Filing 31
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 6/8/2018, at 10:30 AM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 4/20/2018. (nms)
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SO ORDERED, re #30 MOTION for Pro Hac Vice Appearance of Attorney Joshua Barlow, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 4/23/2018. (nms)
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| Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Joshua Barlow - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 29 NOTICE of Appearance by Nicole Kathleen Pedi on behalf of All Plaintiffs (Pedi, Nicole) |
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Filing 28
SO ORDERED Granting Stipulation And Order To Consolidate Cases For All Purposes (see Order for further details). Signed by Judge Richard G. Andrews on 4/18/2018. Associated Cases: 1:17-cv-01316-RGA, 1:18-cv-00396-RGA(nms)
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| Filing 27 Letter to The Honorable Richard G. Andrews, from Frederick L. Cottrell, III, regarding request for the scheduling of the Rule 16 Conference. (Cottrell, Frederick) Modified on 4/18/2018 (nms). |
| Filing 26 Letter to The Honorable Richard G. Andrews from Rodger D. Smith II regarding Baxalta/Nektar's April 13, 2018 letter - re #25 Letter. (Attachments: #1 Exhibits A-C)(Smith, Rodger) |
| Filing 25 Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding Request for Scheduling Conference. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly) |
| Filing 24 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, in response to Baxalta's March 26, 2018 Letter (D.I. #22 ). (Smith, Rodger) Modified on 4/10/2018 (nms). |
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Filing 23
ORAL ORDER: Defendant is requested to respond to Plaintiffs letter. (D.I. #22 ). Ordered by Judge Richard G. Andrews on 4/9/2018. (nms)
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| Filing 22 Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding supplemental authority. (Attachments: #1 Exhibit A)(Farnan, Kelly) |
| Pro Hac Vice Attorney Erika V Selli for Baxalta Incorporated for Baxalta US Inc., and for Nektar Therapeutics 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 Michelle E. Irwin for Baxalta Incorporated, for Baxalta US Inc., and for Nektar Therapeutics 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) |
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SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney Erika V. Selli and Michelle E. Irwin, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 11/9/2017. (nms)
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| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Erika V. Selli and Michelle E. Irwin - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Certification, #2 Certification)(Farnan, Kelly) Modified on 11/9/2017 (nms). |
| Pro Hac Vice Attorney Porter F. Fleming,Sandra Kuzmich for Baxalta Incorporated,Baxalta US Inc.,Nektar Therapeutics 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) |
| CORRECTING ENTRY: The notice of service filed at D.I. 21 has been removed from the docket per counsel's request. The filing was erroneously filed. (nms) |
| Filing 20 REQUEST for Oral Argument by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics re #7 MOTION to Dismiss, or in the Alternative, to Transfer. (Farnan, Kelly) |
| Pro Hac Vice Attorney Angus Chen for Baxalta Incorporated, for Baxalta US Inc., and for Nektar Therapeutics 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 Edgar H. Haug for Baxalta Incorporated, for Baxalta US Inc., and for Nektar Therapeutics 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) |
| Filing 19 NOTICE of Entry of Appearance of Grace St. Vincent by Bayer HealthCare LLC (Smith, Rodger) |
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SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Bradford J. Badke, Sona De, Kevin J. OBrien, Sue Wang, and Caroline Bercier, filed by Bayer HealthCare LLC, and #15 MOTION for Pro Hac Vice Appearance of Attorney Haug, Edgar H., Fleming, Porter, Kuzmich, Sandra and Chen, Angus, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 10/23/2017. (nms)
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| Filing 18 DECLARATION of Alan Stevenson re #17 Reply Brief, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/23/2017 (nms). |
| Filing 17 REPLY BRIEF re #7 MOTION to Dismiss, or in the Alternative, to Transfer filed by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Bradford J. Badke, Sona De, Kevin J. OBrien, Sue Wang, and Caroline Bercier - filed by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Haug, Edgar H., Fleming, Porter, Kuzmich, Sandra and Chen, Angus - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
| Pro Hac Vice Attorney Richard Kurz for Baxalta Incorporated 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) |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Richard F. Kurz - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
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SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney Richard F. Kurz, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 10/16/2017. (nms)
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| Filing 13 DECLARATION of Angus Chen re #12 Answering Brief in Opposition, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibits A-M)(Farnan, Kelly) Modified on 10/16/2017 (nms). |
| Filing 12 ANSWERING BRIEF in Opposition re #7 MOTION to Dismiss, or in the Alternative, to Transfer, filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Reply Brief due date per Local Rules is 10/20/2017. (Farnan, Kelly) Modified on 10/16/2017 (nms). |
| CORRECTING ENTRY: The pdf for D.I. #8 has been replaced per counsel's request. Formatting errors have been corrected. (nms) |
| CORRECTING ENTRY: Exhibits 1-12 have been added to D.I. #10 per counsel's request. (nms) |
| Filing 11 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bayer AG for Bayer HealthCare LLC filed by Bayer HealthCare LLC. (Smith, Rodger) |
| Filing 10 DECLARATION of Caroline Bercier re #7 MOTION to Dismiss, or in the Alternative, to Transfer, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/2/2017 (nms). (Additional attachment(s) added on 10/2/2017: #1 Exhibits 1-12) (nms). |
| Filing 9 DECLARATION of John Teare re #7 MOTION to Dismiss, or in the Alternative, to Transfer, by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/2/2017 (nms). |
| Filing 8 OPENING BRIEF in Support re #7 MOTION to Dismiss, or in the Alternative, to Transfer, filed by Bayer HealthCare LLC.Answering Brief/Response due date per Local Rules is 10/13/2017. (Smith, Rodger) Modified on 10/2/2017 (nms). (Main Document 8 replaced on 10/3/2017) (nms). |
| Filing 7 MOTION to Dismiss, or in the Alternative, to Transfer - filed by Bayer HealthCare LLC. (Smith, Rodger) Modified on 10/2/2017 (nms). |
| 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 6 SUMMONS Returned Executed by Baxalta Incorporated, Nektar Therapeutics, Baxalta US Inc.. Bayer HealthCare LLC served on 9/18/2017, answer due 10/10/2017. (Farnan, Kelly) |
| Summons Issued with Magistrate Consent Notice attached as to Bayer HealthCare LLC on 9/18/2017. 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. (crb) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Black Rock Fund Advisors, Corporate Parent Primecap Odyssey Funds, Corporate Parent Oppenheimer Global Opportunities Fund for Nektar Therapeutics filed by Nektar Therapeutics. (crb) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Shire PLC for Baxalta Incorporated; Corporate Parent Baxalta Incorporated for Baxalta US Inc. filed by Baxalta Incorporated, Baxalta US Inc. (crb) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,199,223; 7,863,421; 8,143,378; 8,247,536; 8,519,102; 8,618,259; 8,889,831. (crb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (crb) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Bayer HealthCare LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2225619.) - filed by Baxalta Incorporated, Nektar Therapeutics, Baxalta US Inc. (Attachments: #1 Exhibit A - P, #2 Civil Cover Sheet)(crb) |
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