Chiesi U.S.A., Inc. et al v. Teva Pharmaceuticals USA, Inc. et al
| Chiesi U.S.A., Inc. and Chiesi Farmaceutici S.p.A. |
| Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. |
| 1:2017cv01772 |
| December 7, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| William C Bryson |
| Mary Pat Thynge |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 |
| None |
Docket Report
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| Filing 95 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,987,094; 7,696,178; 7,939,502. (nmg) |
Filing 94
CONSENT JUDGMENT AND ORDER. Signed by Judge William C. Bryson on 1/14/2019. (nmg)
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Filing 93
ORDER: The Court has questions for the parties regarding the proposed Consent Judgment (D.I. #92 ). Accordingly, the Court will conduct a brief telephonic conference at 9:00 a.m., Eastern Time, on Monday, January 14, 2019, to discuss the proposed order. The call in information for the telephonic conference will be provided by email. Signed by Judge William C. Bryson on 1/9/2019. (ceg)
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| Filing 92 PROPOSED CONSENT JUDGMENT by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Filing 91 REDACTED VERSION of #89 STIPULATION TO EXTEND TIME [STIPULATION AND [PROPOSED] ORDER CONTINUING THE STAY OF THE CASE] to January 16, 2019 by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
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Filing 90
[SEALED] ORDER re #89 STIPULATION TO EXTEND TIME [STIPULATION AND [PROPOSED] ORDER CONTINUING THE STAY OF THE CASE] to January 16, 2019 filed by Teva Pharmaceuticals USA, Inc. Signed by Judge William C. Bryson on 12/18/2018. This order has been emailed to local counsel. (nmg)
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| Filing 89 [SEALED] STIPULATION TO EXTEND TIME [STIPULATION AND [PROPOSED] ORDER CONTINUING THE STAY OF THE CASE] to January 16, 2019 - filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Letter from Karen E. Keller)(Keller, Karen) |
| Filing 88 REDACTED VERSION of #86 Stipulation, #87 Order, Case Stayed by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
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Filing 87
[SEALED] ORDER granting #86 Parties' Unopposed Motion to Stay All Proceedings (*Case stayed). Signed by Judge William C. Bryson on 11/19/2018.This order has been emailed to local counsel. (ceg)
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| Filing 86 [SEALED] STIPULATION and [Proposed] Order Staying The Case by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Case Reassigned to Judge William C. Bryson of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (WCB) after the case number on all documents filed. (rjb) |
| Set Hearings: The Markman Hearing is set for 12/17/2018 at 09:00 AM per D.I. #85 .(nmf) |
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Filing 85
ORDER, In light of the reassignment of this case, the Court HEREBY ORDERS that the prior referral to Chief Magistrate Judge Mary Pat Thynge is withdrawn, with the exception that any referral to a Magistrate Judge for ADR shall remain in place. Chief Magistrate Judge Thynge retains jurisdiction over this action to the extent the parties consented to the Magistrate Judge'sjurisdiction (D.I. #37 ). IT IS FURTHER ORDERED that the parties shall incorporate the deadlines and discovery limitations currently in effect into a proposed revised scheduling order that is based on the Court's "Rule 16 Scheduling Order for Patent Cases" available on the Court's website. The first day of trial shall remain November 12, 2019, but the Markman hearing will be rescheduled to Monday, December 17, 2018 at 9:00 a.m. and the final pretrial conference will be rescheduled to Tuesday, October 22, 2019 at 9:00 a.m. ORDER, Setting Scheduling Order Deadlines ( A Markman Hearing is set for 12/17/2018 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly., A Final Pretrial Conference is set for 10/22/2019 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly., A Bench Trial is set for 11/12/2019 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly.) Signed by Judge Colm F. Connolly on 10/1/2018. (nmf)
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| Filing 84 Joint STATUS REPORT by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Filing 83 REDACTED VERSION of #82 Reply Brief, in Support of Plaintiffs' Motion to Strike New Arguments in Defendant Teva Pharmaceuticals USA, Inc.'s Reply Brief And/Or For Leave to File a Sur-Reply by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Pedi, Nicole) |
| Filing 82 [SEALED] REPLY BRIEF re #55 MOTION to Strike #52 Reply Brief Plaintiffs' Motion to Strike New Arguments in Defendant Teva Pharmaceuticals USA, Inc's Reply Brief And/Or For Leave to File a Sur-Reply filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
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ORAL ORDER: Pursuant to the reassignment of this action, the parties shall submit a joint status report on or before September 17, 2018. Please identify in the status report the next event the parties believe the Court needs to schedule. (Status Report due by 9/17/2018.) Ordered by Judge Colm F. Connolly on 8/31/2018. (nmf)
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| Filing 81 REDACTED VERSION of #73 Statement, Plaintiffs' Motion to Strike New Arguments in Defendant Teva Pharmaceuticals USA, Inc.'s Reply Brief And/Or For Leave to File a Sur-Reply by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Attachments: #1 Exhibit 1)(Pedi, Nicole) |
| Filing 80 REDACTED VERSION of #72 Statement, Chiesi's Opposition to Teva's Motion for Judgment on the Pleadings With Respect to Chiesi's Claims for Infringement by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Pedi, Nicole) |
| Filing 79 APPENDIX re #78 Claim Construction Chart by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Attachments: #1 Exhibit 1-45)(Cottrell, Frederick) |
| Filing 78 CLAIM Construction Chart by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Filing 77 NOTICE OF SERVICE of (1) Teva Pharmaceuticals USA, Inc.'s Objections and Responses to Plaintiffs' Second Set of Interrogatories (No. 3) filed by Teva Pharmaceuticals USA, Inc..(Keller, Karen) |
| Filing 76 REDACTED VERSION of #69 Statement by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) |
| Filing 75 REDACTED VERSION of #68 Statement, by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) |
| Filing 74 REDACTED VERSION of #67 Statement, by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) |
| Filing 73 [SEALED] STATEMENT re 66 Oral Order,,, Plaintiffs Motion to Strike New Arguments in Defendant Teva Pharmaceuticals, USA, Inc.s Reply Brief And/Or For Leave to File a Sur-Reply (D.I. 55) by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Attachments: #1 Exhibit 1)(Cottrell, Frederick) |
| Filing 72 [SEALED] STATEMENT re 66 Oral Order,,, Chiesis Opposition to Tevas Motion for Judgment on the Pleadings with Respect to Chiesis Claims for Infringement (D.I. 43) by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Filing 71 NOTICE OF SERVICE of Plaintiffs Chiesi U.S.A., Inc. and Chiesi Farmaceutici S.p.A.'s Proposed Claim Construction filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Cottrell, Frederick) |
| Filing 70 REDACTED VERSION of #63 Answering Brief in Opposition, by Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) |
| Filing 69 [SEALED] STATEMENT re 66 Oral Order,,, [TEVA'S OPPOSITION TO PLAINTIFFS' MOTION TO STRIKE TEVA'S REPLY BRIEF AND / OR FOR LEAVE TO FILE A SUR-REPLY] by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Filing 68 [SEALED] STATEMENT re 66 Oral Order,,, [REPLY BRIEF IN SUPPORT OF DEFENDANT TEVA PHARMACEUTICALS USA, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT] by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Filing 67 [SEALED] STATEMENT re 66 Oral Order,,, [OPENING BRIEF IN SUPPORT OF DEFENDANT TEVA PHARMACEUTICALS USA, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT] by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
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Filing 66
ORAL ORDER: IT IS ORDERED that the parties are to refile the briefs found at D.I. #32 , #43 , #52 , #55 and #63 consistent with D. Del LR 7.1.3(a)(6) which provides as follows: "Citation by Docket Number. References to earlier filed papers in any civil action shall include a citation to the docket item number as maintained by the Clerk in the following format: 'D.I." followed by the docket item number of the paper." Both parties failed to provide any D.I. numbers consistent with this Local Rule. It is not the obligation of the court to discern by searching the docket which papers are being referenced. This order shall also apply to the reply brief, if any, on the motion to strike which at the time of this order had not yet been filed. Ordered by Judge Mary Pat Thynge on 8/17/2018. (fms)
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| Filing 65 NOTICE OF SERVICE of Defendant Teva Pharmaceuticals USA, Inc.'s Proposed Terms for Claim Construction filed by Teva Pharmaceuticals USA, Inc..(Keller, Karen) |
| Filing 64 NOTICE OF SERVICE of Plaintiffs Chiesi U.S.A., Inc. and Chiesi Farmaceutici S.p.A.'s Identification of Claim Language for Construction filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Cottrell, Frederick) |
| Filing 63 [SEALED] ANSWERING BRIEF in Opposition re #55 MOTION to Strike #52 Reply Brief Plaintiffs' Motion to Strike New Arguments in Defendant Teva Pharmaceuticals USA, Inc's Reply Brief And/Or For Leave to File a Sur-Reply filed by Teva Pharmaceuticals USA, Inc..Reply Brief due date per Local Rules is 8/20/2018. (Attachments: #1 Exhibit A)(Keller, Karen) |
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Filing 62
ORAL ORDER: A Telephone Conference is scheduled for Monday, 11/5/2018 beginning at 09:30 AM Eastern Time to be initiated by counsel for defendants. The purpose of the teleconference is to discuss the status of the case and its effect on mediation. If either party feels that nothing has changed since the teleconference of 8/8/2018 and believes the teleconference is not needed, the party(s) shall advise by email to the court with a copy to Ms. Kennedy and Ms. Scarpato. Ordered by Judge Mary Pat Thynge on 8/8/2018. (fms)
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| Filing 61 NOTICE OF SERVICE of Chiesi U.S.A., Inc. and Chiesi Farmaceutici S.p.A.'s Second Set of Interrogatories to Teva (No. 3) filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Cottrell, Frederick) |
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Filing 60
SO ORDERED, re #58 STIPULATION TO EXTEND TIME filed by Teva Pharmaceuticals USA, Inc. Serve Claim Construction Opening Brief by 9/24/2018., Serve Claim Construction Answering Brief by 10/19/2018., Serve Claim Construction Reply Brief by 11/9/2018., Serve Claim Construction Surreply Brief by 11/30/2018. File joint Claim Construction Brief by 12/3/2018. Set Briefing Schedule: re #55 MOTION to Strike #52 Reply Brief Plaintiffs' Motion to Strike New Arguments in Defendant Teva Pharmaceuticals USA, Inc's Reply Brief And/Or For Leave to File a Sur-Reply. (Answering Brief due 8/13/2018., Reply Brief due 8/31/2018.). Signed by Judge Mary Pat Thynge on 7/27/2018. (fms)
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| Filing 59 REDACTED VERSION of #55 MOTION to Strike #52 Reply Brief Plaintiffs' Motion to Strike New Arguments in Defendant Teva Pharmaceuticals USA, Inc's Reply Brief And/Or For Leave to File a Sur-Reply by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Pedi, Nicole) |
| Filing 58 STIPULATION TO EXTEND TIME [Various Deadlines] to [Various Dates] - filed by Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) |
| Filing 57 Amended Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: October 26, 2017. Date of Expiration of Patent: June 14, 2022 and September 22, 2022.Thirty Month Stay Deadline: 4/26/2020. (Cottrell, Frederick) |
| Filing 56 NOTICE OF SERVICE of Defendant Teva Pharmaceuticals USA, Inc.'s Initial Invalidity Contentions filed by Teva Pharmaceuticals USA, Inc..(Keller, Karen) |
| CORRECTING ENTRY: Per request of filer, Exhibit 3 to D.I. #55 has been removed and replaced with the correct version of the exhibit. (fms) |
| Filing 55 [SEALED] MOTION to Strike #52 Reply Brief Plaintiffs' Motion to Strike New Arguments in Defendant Teva Pharmaceuticals USA, Inc's Reply Brief And/Or For Leave to File a Sur-Reply - filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)Motions referred to Mary Pat Thynge.(Cottrell, Frederick) (Attachment 3 replaced on 7/23/2018) (fms). |
| Filing 54 REDACTED VERSION of #52 Reply Brief by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Filing 53 REQUEST for Oral Argument by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc. re #31 MOTION for Judgment on the Pleadings WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT. (Cottrell, Frederick) |
| Filing 52 [SEALED] REPLY BRIEF re #31 MOTION for Judgment on the Pleadings WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT filed by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Pro Hac Vice Attorney Katherine A. Daniel for Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
| Filing 51 NOTICE OF SERVICE of Plaintiffs Chiesi U.S.A., Inc. and Chiesi Farmaceutici S.p.A.'s Initial Infringement Chart filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Pedi, Nicole) |
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Filing 50
SO ORDERED re #47 Stipulated Protective Order. Signed by Judge Mary Pat Thynge on 6/18/18. (cak)
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| Filing 49 REDACTED VERSION of #44 Declaration by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Attachments: #1 Exhibit A-V)(Pedi, Nicole) |
| Filing 48 REDACTED VERSION of #43 Answering Brief in Opposition, by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Pedi, Nicole) |
| Filing 47 PROPOSED ORDER Stipulated Protective Order by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
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SO ORDERED re #45 STIPULATION TO EXTEND TIME to submit a proposed protective order to June 14, 2018. Signed by Judge Mary Pat Thynge on 6/8/17. (cak)
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SO ORDERED granting #46 Motion to Appear Pro Hac Vice of Attorney Katherine A. Daniel - filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc. Signed by Judge Mary Pat Thynge on 6/8/18. (cak)
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| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Katherine A. Daniel - filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. Motions referred to Mary Pat Thynge.(Cottrell, Frederick) |
| Filing 45 STIPULATION TO EXTEND TIME to submit a proposed protective order to June 14, 2018 - filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Filing 44 [SEALED] DECLARATION re #43 Answering Brief in Opposition, by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Attachments: #1 Exhibit A-I, #2 Exhibit J-P, #3 Exhibit Q-V)(Cottrell, Frederick) |
| Filing 43 [SEALED] ANSWERING BRIEF in Opposition re #31 MOTION for Judgment on the Pleadings WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..Reply Brief due date per Local Rules is 6/14/2018. (Cottrell, Frederick) |
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SO ORDERED re #42 STIPULATION TO EXTEND TIME to submit proposed protective order to June 7, 2018. Signed by Judge Mary Pat Thynge on 6/4/18. (cak)
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| Filing 42 STIPULATION TO EXTEND TIME to submit proposed protective order to June 7, 2018 - filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Filing 41 NOTICE OF SERVICE of Plaintiffs Chiesi U.S.A., Inc. and Chiesi Farmaceutici S.p.A.'s 1) Objections and Responses to Defendant's First Set of Requests for Productions to Plaintiffs; and 2) Responses to Defendant's First Set of Interrogatories to Plaintiffs filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Pedi, Nicole) |
| Filing 40 NOTICE OF SERVICE of (1) Teva Pharmaceuticals USA, Inc.'s Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-2) (2) Teva Pharmaceuticals USA, Inc.'s Objections and Responses to Plaintiffs' First Set of Requests for The Production of Documents and Things (Nos. 1-70) filed by Teva Pharmaceuticals USA, Inc..(Keller, Karen) |
| Filing 39 NOTICE OF SERVICE of NDA No. 201820 filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Pedi, Nicole) |
| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. Case reassignment to Judge Mary Pat Thynge on 5/21/18 was made in error. (bkb) |
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SO ORDERED re #38 STIPULATION TO EXTEND TIME to submit response and reply brief to Motion for Judgment on the Pleadings to June 7, 2018 and June 28, 2018. Signed by Judge Mary Pat Thynge on 5/21/18. (cak)
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| Case Reassigned to Judge Mary Pat Thynge. Please include the initials of the Judge (MPT) after the case number on all documents filed. (bkb) |
| Filing 38 STIPULATION TO EXTEND TIME to submit response and reply brief to Motion for Judgment on the Pleadings to June 7, 2018 and June 28, 2018 - filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Filing 37 CONSENT to Magistrate Judge Disposition on Motion by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc., Teva Pharmaceuticals USA, Inc. re #31 Motion for Judgment on the Pleadings with Respect to Plaintiffs' Claims for Infringement of the Patents-In-Suit. Motion referred to The Honorable Mary Pat Thynge. (ceg) |
| Filing 36 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to May 31, 2018 - filed by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
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SO ORDERED re #36 STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to May 31, 2018 filed by Teva Pharmaceuticals USA, Inc. Signed by Judge Mary Pat Thynge on 5/17/18. (cak)
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| Filing 35 REDACTED VERSION of #33 Declaration, by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Filing 34 REDACTED VERSION of #32 Opening Brief in Support, by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Filing 33 [SEALED] DECLARATION re #32 Opening Brief in Support, #31 MOTION for Judgment on the Pleadings WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT [DECLARATION OF BRIAN PREW] by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Keller, Karen) |
| Filing 32 [SEALED] OPENING BRIEF in Support re #31 MOTION for Judgment on the Pleadings WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT filed by Teva Pharmaceuticals USA, Inc..Answering Brief/Response due date per Local Rules is 5/24/2018. (Keller, Karen) |
| Filing 31 MOTION for Judgment on the Pleadings WITH RESPECT TO PLAINTIFFS' CLAIMS FOR INFRINGEMENT OF THE PATENTS-IN-SUIT - filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Mary Pat Thynge.(Keller, Karen) |
| Filing 30 NOTICE OF SERVICE of Plaintiffs Chiesi U.S.A., Inc. and Chiesi Farmaceutici S.p.A.s Initial Disclosures pursuant to Rule 26(a)(1) of the F.R.C.P. and Paragraph 3 of the Delaware Default Standard for Discovery of Electronic Documents filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Pedi, Nicole) |
| Filing 29 NOTICE OF SERVICE of 1) Defendant's Rule 26 Initial Disclosures and 2) Defendant's Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Teva Pharmaceuticals USA, Inc..(Keller, Karen) |
| Pro Hac Vice Attorney Joshua L. Raskin for Teva Pharmaceuticals USA, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
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ORDER granting #28 Motion to Appear Pro Hac Vice of Attorney Joshua L. Raskin - filed by Teva Pharmaceuticals USA, Inc. Signed by Judge Mary Pat Thynge on 4/30/18. (cak)
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| Filing 28 MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin - filed by Teva Pharmaceuticals USA, Inc.. Motions referred to Mary Pat Thynge.(Keller, Karen) |
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SO ORDERED re #27 STIPULATION TO EXTEND TIME (and proposed order) to submit Proposed Protective Order to May 17, 2018 filed by Teva Pharmaceuticals USA, Inc. Signed by Judge Mary Pat Thynge on 4/27/18. (cak)
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| Filing 27 STIPULATION TO EXTEND TIME (and proposed order) to submit Proposed Protective Order to May 17, 2018 - filed by Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Filing 26 NOTICE OF SERVICE of 1) Defendant's First Set of Requests for Production to Plaintiffs and 2) Defendant's First Set of Interrogatories to Plaintiffs filed by Teva Pharmaceuticals USA, Inc..(Keller, Karen) |
| Filing 25 NOTICE OF SERVICE of (1) First Set of Requests for Production of Documents and Things (Nos. 1-70); and (2) First Set of Interrogatories to Teva (Nos. 1-2) filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Pedi, Nicole) |
| Filing 24 NOTICE OF SERVICE of Plaintiffs Initial Identification of Asserted Patents and Accused Products and File Histories filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Pedi, Nicole) |
| Pro Hac Vice Attorney Richard C. Pettus for Teva Pharmaceuticals USA, 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. (ceg) |
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SO ORDERED re #23 MOTION for Pro Hac Vice Appearance of Attorney Richard C. Pettus filed by Teva Pharmaceuticals USA, Inc. Signed by Judge Mary Pat Thynge on 4/17/18. (cak)
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| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Richard C. Pettus - filed by Teva Pharmaceuticals USA, Inc.. Motions referred to Mary Pat Thynge.(Keller, Karen) |
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Filing 22
SCHEDULING ORDER: Joinder of Parties due by 3/6/2019. Discovery due by 4/5/2019. Fact Discovery completed by 4/5/2019. Expert Discovery due by 8/16/2019. A Status Conference is set for 12/13/2018 at 09:00 AM in Courtroom 2B before Judge Mary Pat Thynge Status Report due by 12/5/2018. Tutorial on the technology due by 12/6/2018. Dispositive Motions due by 5/10/2018. A Telephone Conference is set for 8/8/2018 at 09:00 AM in Chambers before Judge Mary Pat Thynge Claim Construction Opening Brief due by 9/11/2018. Claim Construction Answering Brief due by 10/9/2018. Claim Construction Reply Brief due by 10/30/2018. Claim Construction Surreply Brief due by 11/20/2018. A Markman Hearing is set for 12/13/2018 at 09:00 AM in Courtroom 2B before Judge Mary Pat Thynge. A Final Pretrial Conference is set for 10/21/2019 at 09:00 AM in Courtroom 2B before Judge Mary Pat Thynge. A Bench Trial is set for 11/12/2019 at 09:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS.. Signed by Judge Mary Pat Thynge on 4/5/18. (kjk)
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| Filing 21 PROPOSED ORDER Proposed Scheduling Order by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
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Filing 20
ORAL ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 8/8/2018 at 9:00 AM Eastern Time before Judge Mary Pat Thynge to discuss the status of the case and mediation. Signed by Judge Mary Pat Thynge on 4/2/18. (cak)
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| Minute Entry for proceedings held before Judge Mary Pat Thynge - Telephone Conference re: scheduling order held on 3/28/2018; Counsel shall file a final scheduling order for signature. ATTENDEES: PLTFF - F. Cottrell, Esq.; N. Pedi, Esq,; A. Chen, Esq.; E. Haug, Esq.; DEFT: B. Prew, Esq.; J. Ball, Esq.; D. Fry. ( Court Reporter not present ). (kjk) |
| Filing 19 Letter to The Honorable Mary Pat Thynge from Frederick L. Cottrell, III regarding ADR - re Telephone Conference,. (Cottrell, Frederick) |
| Filing 18 PROPOSED ORDER -- Proposed Scheduling Order re 16 Order Setting Teleconference, by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Cottrell, Frederick) |
| Filing 17 ANSWER to #10 Answer to Complaint, Counterclaim by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc..(Cottrell, Frederick) |
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Filing 16
ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A follow up teleconference regarding the scheduling order is scheduled for 3/28/18 at 1:00 PM Eastern Time with Judge Thynge. On or before 3/27/18 by 2:00 PM, counsel shall provide an updated proposed scheduling order consistent with the discussions during the teleconference of 3/20/18. Ordered by Judge Mary Pat Thynge on 3/22/18. (cak)
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| Minute Entry for proceedings held before Judge Mary Pat Thynge - Telephone Conference held re: Rule 16 Scheduling on 3/20/2018; Counsel shall file a Final Scheduling order for signature; ATTENDEES: PLTFF. - F. Cottrell, Esq.; A. Chen; E. Haug; DEFT. - K. Keller, Esq.; J. Ball, Esq.; A. Kassenoff, Esq.; B. Prew, Esq. (Court Reporter Taneya Carroll.) (kjk) |
| Filing 15 STIPULATION of Dismissal OF COMPLAINT AS TO DEFENDANT TEVA PHARMACEUTICAL INDUSTRIES LTD. AND AMENDMENT OF CASE CAPTION by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
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SO ORDERED re #15 Stipulation of Dismissal of Complaint as to Defendant Teva Pharmaceutical Industries Ltd. and Amendment of Case Caption. Signed by Judge Mary Pat Thynge on 3/16/18. (cak)
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| Filing 14 PROPOSED ORDER re #13 Order Setting Teleconference, [Proposed] Scheduling Order by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. (Attachments: #1 Letter to The Honorable Mary Pat Thynge)(Cottrell, Frederick) |
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Filing 13
ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Rule 16 Scheduling Telephone Conference is set for 3/20/2018 at 1:30 PM Eastern Time before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 3/9/18. (cak)
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| Pro Hac Vice Attorney Scott J. Bornstein,Johnathan D. Ball,Allan A. Kassenoff,Brian J. Prew,Scaccia Giancarlo for Teva Pharmaceutical Industries Ltd.,Scott J. Bornstein,Johnathan D. Ball,Allan A. Kassenoff,Brian J. Prew,Scaccia Giancarlo for Teva Pharmaceuticals USA, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
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SO ORDERED granting #12 Motion to Appear Pro Hac Vice of Attorney Scott J. Bornstein, Jonathan D. Ball, Allan A. Kassenoff, Brian J. Prew and Giancarlo Scaccia. Signed by Judge Mary Pat Thynge on 3/6/18. (cak)
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| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Scott J. Bornstein, Jonathan D. Ball, Allan A. Kassenoff, Brian J. Prew and Giancarlo Scaccia - filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. Motions referred to Mary Pat Thynge.(Keller, Karen) |
| Filing 11 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Teva Pharmaceuticals USA, Inc. for Teva Pharmaceutical Industries Ltd. filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Fry, David) |
| Filing 10 ANSWER to #1 Complaint, Affirmative Defenses And, COUNTERCLAIM against All Plaintiffs by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc..(Fry, David) |
| ***NOTE: If the parties jointly consent to Chief Magistrate Judge Thynges jurisdiction to conduct all proceedings in this case, then the Pretrial Conference and Trial will be presided over by Judge Thynge consistent with 28 U.S.C. 636. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued May 26, 2017 and available on the District Court's website), upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge. (cak) |
| Pro Hac Vice Attorney Edgar H. Haug for Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
| Pro Hac Vice Attorney Jason A. Kanter for Chiesi Farmaceutici S.p.A.,Chiesi U.S.A., Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) |
| Filing 9 STIPULATION TO EXTEND TIME to Produce ANDA and Respond to the Complaint to January 10, 2018 and March 5, 2018 - filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Keller, Karen) |
| Pro Hac Vice Attorney Angus Chen for Chiesi Farmaceutici S.p.A., and for Chiesi U.S.A., 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. (lmm) |
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SO ORDERED D.I. #9 STIPULATION TO EXTEND TIME to Produce ANDA and Respond to the Complaint to January 10, 2018 and March 5, 2018 filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc. Ordered by Judge Mary Pat Thynge on 12/21/2017. (dlb)
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Filing 8
SO ORDERED D.I. #7 MOTION for Pro Hac Vice Appearance of Attorney Edgar H. Haug, Angus Chen, and Jason Kanter filed by Chiesi U.S.A., Inc., Chiesi Farmaceutici S.p.A. Signed by Judge Mary Pat Thynge on 12/18/2017. (dlb)
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| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Edgar H. Haug, Angus Chen, and Jason Kanter - filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc.. Motions referred to Mary Pat Thynge.(Cottrell, Frederick) |
| Filing 6 SUMMONS Returned Executed as to Teva Pharmaceuticals USA, Inc. on 12/12/17 (Cottrell, Frederick) Modified on 12/13/2017 (ceg). |
| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) |
| CASE REFERRED to Magistrate Judge Mary Pat Thynge. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) |
| Set Answer Deadlines: Teva Pharmaceuticals USA, Inc. answer due 1/3/2018. (ceg) |
| Summons Issued with Magistrate Consent Notice attached as to Teva Pharmaceutical Industries Ltd. on 12/8/2017; Teva Pharmaceuticals USA, Inc. on 12/8/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ceg) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Chiesi Farmaceutici S.p.A. for Chiesi U.S.A., Inc.; Corporate Parent Valline S.r.l. for Chiesi Farmaceutici S.p.A. filed by Chiesi Farmaceutici S.p.A., Chiesi U.S.A., Inc. (ceg) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,987,094; 7,696,178; 7,939,502. (ceg) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 10/26/2017. Date of Expiration of Patent: See attached.Thirty Month Stay Deadline: 4/26/2020. (ceg) Modified on 12/8/2017 (ceg). |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2280401.) - filed by Chiesi U.S.A., Inc., Chiesi Farmaceutici S.p.A. (Attachments: #1 Exhibits A-C, #2 Civil Cover Sheet)(ceg) |
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