AstraZeneca Pharmaceuticals LP et al v. Fresenius Kabi USA, LLC
Plaintiff: AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited and AstraZeneca AB
Defendant: Fresenius Kabi USA, LLC
Case Number: 1:2017cv01795
Filed: December 14, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Vacant Judgeship (2017)
Referring Judge: Mary Pat Thynge
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 30, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 30, 2018 Filing 17 NOTICE of Appearance by David A. Bilson on behalf of Fresenius Kabi USA, LLC (Bilson, David)
January 22, 2018 Opinion or Order Filing 16 SO ORDERED re #15 Consent Judgment filed by AstraZeneca UK Limited, AstraZeneca Pharmaceuticals LP, AstraZeneca PLC, AstraZeneca AB. Signed by Judge Mary Pat Thynge on 1/22/18. (cak)
January 22, 2018 Filing 15 PROPOSED CONSENT JUDGMENT by AstraZeneca AB, AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited. (Silver, Daniel)
January 22, 2018 CASE CLOSED per DI 16 (cak)
January 16, 2018 Pro Hac Vice Attorney Imron T. Aly for Fresenius Kabi USA, 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)
January 10, 2018 ***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)
January 3, 2018 Pro Hac Vice Attorney Caitlin Hogan for AstraZeneca Pharmaceuticals LP 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)
December 28, 2017 Opinion or Order SO ORDERED D.I. #10 MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo and Caitlin Hogan filed by AstraZeneca UK Limited, AstraZeneca Pharmaceuticals LP, AstraZeneca PLC, AstraZeneca AB, #13 MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly and Christine Feller filed by Fresenius Kabi USA, LLC, #12 MOTION for Pro Hac Vice Appearance of Attorney Eberle Schultz filed by AstraZeneca UK Limited, AstraZeneca Pharmaceuticals LP, AstraZeneca PLC, AstraZeneca AB. Ordered by Judge Mary Pat Thynge on 12/28/2017. (dlb) Modified on 12/28/2017 (dlb).
December 28, 2017 Opinion or Order SO ORDERED D.I. #14 STIPULATION TO EXTEND TIME Plaintiffs Shall Respond to Defendant's Counterclaims to February 5, 2018 filed by AstraZeneca UK Limited, AstraZeneca Pharmaceuticals LP, AstraZeneca PLC, AstraZeneca AB. Ordered by Judge Mary Pat Thynge on 12/27/2017. (dlb)
December 22, 2017 Filing 14 STIPULATION TO EXTEND TIME Plaintiffs Shall Respond to Defendant's Counterclaims to February 5, 2018 - filed by AstraZeneca AB, AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited. (Silver, Daniel)
December 20, 2017 Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly and Christine Feller - filed by Fresenius Kabi USA, LLC. (Attachments: #1 Certification of Imron T. Aly, #2 Certification of Christine Feller)Motions referred to Mary Pat Thynge.(Haney, Megan)
December 20, 2017 Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Eberle Schultz - filed by AstraZeneca AB, AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited. (Attachments: #1 Certification for Eberle Schultz)(Silver, Daniel)
December 20, 2017 Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)
December 20, 2017 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.) Motions referred to Mary Pat Thynge.(rjb)
December 18, 2017 Filing 11 NOTICE of Appearance by Daniel M. Silver on behalf of AstraZeneca AB, AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited (Silver, Daniel)
December 18, 2017 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo and Caitlin Hogan - filed by AstraZeneca AB, AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited. (Attachments: #1 Certifications for Filko Prugo and Caitlin Hogan)(Silver, Daniel)
December 18, 2017 Filing 9 NOTICE of Appearance by Megan C. Haney on behalf of Fresenius Kabi USA, LLC (Haney, Megan)
December 15, 2017 Filing 8 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fresenius SE & Co. KGaA for Fresenius Kabi USA, LLC filed by Fresenius Kabi USA, LLC. (Phillips, John)
December 15, 2017 Filing 7 ANSWER to #1 Complaint, Separate Defenses and, COUNTERCLAIM against AstraZeneca AB, AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited by Fresenius Kabi USA, LLC.(Phillips, John)
December 14, 2017 Filing 6 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent AstraZeneca PLC for AstraZeneca AB filed by AstraZeneca AB. (fms)
December 14, 2017 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent AstraZeneca PLC for AstraZeneca UK Limited filed by AstraZeneca UK Limited. (fms)
December 14, 2017 Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent AstraZeneca PLC for AstraZeneca Pharmaceuticals LP filed by AstraZeneca Pharmaceuticals LP. (fms)
December 14, 2017 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,774,122; 7,456,160; 8,329,680; 8,466,139. (fms)
December 14, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (fms)
December 14, 2017 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Fresenius Kabi USA, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2284691.) - filed by AstraZeneca Pharmaceuticals LP, AstraZeneca AB, AstraZeneca UK Limited. (Attachments: #1 Appendix A-E, #2 Civil Cover Sheet)(fms)
December 14, 2017 Summons Issued with Magistrate Consent Notice attached as to Fresenius Kabi USA, LLC on 12/14/2017. 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. (fms)

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Plaintiff: AstraZeneca Pharmaceuticals LP
Represented By: Benjamin A. Smyth
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
Represented By: Lisa Barons Pensabene
Represented By: Caitlin Hogan
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Plaintiff: AstraZeneca UK Limited
Represented By: Benjamin A. Smyth
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
Represented By: Lisa Barons Pensabene
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Plaintiff: AstraZeneca AB
Represented By: Benjamin A. Smyth
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
Represented By: Lisa Barons Pensabene
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Defendant: Fresenius Kabi USA, LLC
Represented By: David A. Bilson
Represented By: John C. Phillips, Jr.
Represented By: Megan C. Haney
Represented By: Imron T. Aly
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