CyDex Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc. et al

Plaintiff: CyDex Pharmaceuticals, Inc.
Defendant: Teva Pharmaceuticals USA, Inc., Actavis LLC and Teva Pharmaceutical Industries Ltd.
Case Number: 1:2017cv01832
Filed: December 20, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Leonard P Stark
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2019 SO ORDERED, re #113 Stipulation and Order to Stay filed by CyDex Pharmaceuticals, Inc. -- Case Stayed. Signed by Judge Leonard P. Stark on 9/12/19. (ntl)
September 10, 2019 Filing 113 STIPULATION to Stay by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
September 4, 2019 Filing 112 Official Transcript of Telephone Conference held on August 14, 2019 before Judge Jennifer L. Hall. Court Reporter Gail Verbano, Telephone number (302) 373-9428. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019. (bpg)
September 3, 2019 Filing 111 NOTICE OF SERVICE of Defendants' Response to Plaintiff's Supplemental Claim Charts on Infringement Pursuant to Paragraph 4(c) of the Default Standard for Discovery filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
August 30, 2019 Filing 110 NOTICE OF SERVICE of Final Plaintiff's Response to Defendants' Invalidity Contentions filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
August 19, 2019 Filing 109 NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
August 19, 2019 Filing 108 REDACTED VERSION of #101 Letter to The Honorable Jennifer L. Hall from Jeremy A. Tigan regarding Response to Teva's August 6, 2019 Letter Regarding Discovery Disputes by CyDex Pharmaceuticals, Inc.. (Lyons, Jeffrey)
August 16, 2019 Filing 107 NOTICE OF SERVICE of Plaintiff's Supplemental Claim Charts on Infringement by Teva Pharmaceuticals, USA and Actavis, LLC Pursuant to Paragraph 4(c) of the Default Standard for Discovery filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
August 16, 2019 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 #101. (ceg)
August 15, 2019 Filing 106 ORAL ORDER: The Court, having reviewed the parties' letters regarding discovery disputes (D.I. #100 , D.I. #101 ), and having heard argument on August 14, 2019, IT IS HEREBY ORDERED that: (1) With regard to Defendant's request to compel Plaintiff to produce documents responsive to Defendant's Requests for Production Nos. 46-47, the Court GRANTS the request. The requested documents are relevant to Defendant's defense under 35 U.S.C. 102(b) and Plaintiff has failed to demonstrate that producing the documents would be unreasonably burdensome or disproportionate to the needs of the case, particularly given that Plaintiff has not yet attempted to locate the relevant documents or determine the number of responsive documents. (2) With regard to Defendant's request to compel Plaintiff to produce the twelve clawed-back documents identified in Exhibit C to Defendant's letter (D.I. #100 ), the Court GRANTS the request. Having reviewed the parties' submissions, and having conducted an in camera review of the documents, the record before the Court does not demonstrate that the documents are protected under the attorney-client privilege or work product doctrine. In particular, the record does not demonstrate that the documents were prepared either at the direction of counsel or for the purpose of obtaining legal advice. Defendant may redact the sentence on Document 6 beginning with the words "I've discussed." Ordered by Judge Jennifer L. Hall on 8/15/2019. (ceg)
August 15, 2019 SO ORDERED, re #105 STIPULATION TO EXTEND TIME for Supplementation of Responses to Infringement Contentions and Responses to Invalidity Contentions to August 30, 2019 filed by CyDex Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 8/15/19. (ntl)
August 14, 2019 Filing 105 STIPULATION TO EXTEND TIME for Supplementation of Responses to Infringement Contentions and Responses to Invalidity Contentions to August 30, 2019 - filed by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
August 14, 2019 Filing 104 REDACTED VERSION of #100 Letter by Teva Pharmaceuticals USA, Inc.. (Fry, David)
August 14, 2019 Minute Entry for proceedings held before Judge Jennifer L. Hall - Discovery Dispute Teleconference held on 8/14/2019. (*Court Reporter Gail Verbano.) (ceg)
August 13, 2019 Filing 103 Letter to The Honorable Jennifer L. Hall from Jeremy A. Tigan regarding Documents for In Camera Review - re 102 Oral Order,,. (Tigan, Jeremy)
August 12, 2019 Filing 102 ORAL ORDER: The Court has reviewed Plaintiff's Letter dated August 9, 2019 (D.I. #101 ), including its offer to submit the twelve documents at issue in the parties' discovery dispute to the Court for in camera review. Plaintiff shall submit for in camera review hard copies of the twelve documents no later than 1:00 P.M. on August 13, 2019. The documents should be delivered to the Clerk's office in an envelope addressed to U.S. Magistrate Judge Jennifer L. Hall and marked "CONFIDENTIAL/SUBMITTED FOR IN CAMERA REVIEW." Ordered by Judge Jennifer L. Hall on 8/12/2019. (ceg)
August 9, 2019 Filing 101 [SEALED] Letter to The Honorable Jennifer L. Hall from Jeremy A. Tigan regarding Response to Teva's August 6, 2019 Letter Regarding Discovery Disputes - re 97 Order Setting Teleconference,,,. (Tigan, Jeremy)
August 6, 2019 Filing 100 [SEALED] Letter to The Honorable Jennifer L. Hall from Karen E. Keller - re 97 Order Setting Teleconference (Attachments: #1 Exhibit A - D)(Keller, Karen) Modified on 8/7/2019 (ceg).
August 2, 2019 Filing 99 REDACTED VERSION of #96 Stipulation and Order re depositions by Actavis LLC, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Fry, David)
August 1, 2019 SO ORDERED, re #98 Stipulation filed by CyDex Pharmaceuticals, Inc., #96 Stipulation and Order filed by Actavis LLC, Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 8/1/19. (ntl)
July 30, 2019 Filing 98 [SEALED] STIPULATION and Order by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
July 29, 2019 Filing 97 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' Joint Motion for Teleconference to Resolve Discovery Disputes (D.I. #95 .) A discovery dispute teleconference is set for August 14, 2019 at 3:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than August 6, 2019 the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than August 9, 2019, any party opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party(ies) reasons for its opposition. Two courtesy copies of the letters are to be hand delivered to the Clerks' Office within one hour of e-filing. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 7/29/2019. (ceg)
July 25, 2019 Filing 96 [SEALED] STIPULATION re Depositions by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Fry, David)
July 25, 2019 Filing 95 Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Fry, David)
July 23, 2019 Filing 94 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that counsel shall file a Motion for Teleconference to Resolve Discovery Dispute. The suggested text for this motion can be found in Judge Hall's portion of the Court's website, in the Forms tab, under the heading Motion for Teleconference to Resolve Discovery/Protective Order Disputes. The dispute will thereafter be addressed in the manner set forth in the Scheduling Order. Ordered by Judge Jennifer L. Hall on 7/23/2019 (ceg)
July 23, 2019 Filing 93 NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiff's First Set of Requests for Admission (Nos. 1-228) and Defendants' Responses and Objections to Plaintiff's Second Set of Interrogatories (Nos. 10-21) filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Fry, David)
July 19, 2019 Filing 92 NOTICE to Take Deposition of Jim Mahanna on July 31th, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 19, 2019 Filing 91 NOTICE to Take Deposition of Stefan Karlsson on July 30th, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 19, 2019 Filing 90 NOTICE to Take Deposition of Rodica Mazareanu on August 1st, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 19, 2019 Filing 89 NOTICE to Take Deposition of Robert Surina on August 2nd, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 19, 2019 Filing 88 ORAL ORDER: IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Jennifer L. Hall, pursuant to 28 U.S.C. 636(b), to hear and resolve all discovery disputes. ORDERED by Judge Leonard P. Stark on 7/19/19. Associated Cases: 1:17-cv-01832-LPS, 1:19-cv-00956-LPS (ntl)
July 18, 2019 Filing 87 NOTICE OF SERVICE of (1) Defendants' Notice of Deposition Testimony of Diane Thompson, Gerold Mosher, Susan Gardner, Stephen Machatha, and Rupert Zimmermer filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
July 16, 2019 Filing 86 NOTICE OF SERVICE of Plaintiff CyDex Pharmaceuticals, Inc.'s Supplemental Responses and Answers to Defendants Teva Pharmaceuticals, USA, Inc. and Actavis, LLC's Second Set of Interrogatories (Nos. 8-10) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 16, 2019 Filing 85 NOTICE OF SERVICE of (1) Plaintiff's Supplemental Responses to Defendants' Requests for Admissions (Nos. 6, 11-16, 60-62, 66) and (2) Supplemental Responses and Objections of CyDex Pharmaceuticals, Inc. to Defendants' Notice of Deposition of CyDex Pharmaceuticals, Inc. filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 10, 2019 Filing 84 [SEALED] NOTICE of Subpoena directed to Pfizer, Inc. by Actavis LLC, Teva Pharmaceuticals USA, Inc. (Attachments: #1 Tab 1)(Keller, Karen)
July 3, 2019 Filing 83 NOTICE OF SERVICE of (1) Plaintiff's Response to Defendants' Fourth Set of Requests for Admissions (Nos. 60-69) and (2) Plaintiff's Response to Defendants' Fifth Set of Interrogatories (No. 25) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 3, 2019 Filing 82 Letter to The Honorable Leonard P. Stark from Karen E. Keller regarding scheduling of discovery conference. (Keller, Karen)
July 2, 2019 Filing 81 NOTICE OF SERVICE of Responses and Objections of CyDex Pharmaceuticals, Inc. to Defendants' Notice of Deposition of CyDex Pharmaceuticals, Inc. filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 1, 2019 Filing 80 NOTICE to Take Deposition of Lina Lohoz on July 30, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
June 25, 2019 Filing 79 NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's Notice of 30(b)(6) Deposition to Defendants filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
June 21, 2019 Filing 78 NOTICE OF SERVICE of (1) Plaintiff CyDex Pharmaceuticals, Inc.'s First Set of Requests for Admissions (Nos. 1-228) to Defendants and (2) Plaintiff CyDex Pharmaceuticals, Inc.'s Second Set of Interrogatories (Nos. 10-21) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
June 14, 2019 Filing 77 NOTICE OF SERVICE of (1) Plaintiff's Response to Defendants' Third Set of Requests for Admissions (Nos. 21-59); and (2) Plaintiff's Response to Defendants' Fourth Set of Interrogatories (Nos. 12-24) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
June 13, 2019 Filing 76 NOTICE OF SERVICE of Plaintiff Cydex Pharmaceuticals, Inc.'s Responses to Defendants' Third Requests for Production of Documents and Things (Nos. 46 & 47) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
June 12, 2019 Filing 75 NOTICE OF SERVICE of Defendants First Supplemental Objections and Responses to Plaintiffs First Set of Interrogatories (Nos. 1-9) filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
June 7, 2019 Filing 74 NOTICE OF SERVICE of (1) Defendants' Fifth Set of Interrogatories to Plaintiff (No. 25) (2) Defendants' Fourth Set of Requests for Admissions to Plaintiff (Nos. 60-69) filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
June 4, 2019 SO ORDERED, re #71 STIPULATION TO EXTEND TIME for Certain Deadlines to Various Dates (See Stipulation) filed by CyDex Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 6/3/19. (ntl)
May 31, 2019 Filing 73 NOTICE OF SERVICE of 1) Defendants Notice of Deposition of Dr. Vincent Antle 2) Defendants Notice of Deposition of Dr. James Pipkin 3) Defendants Notice of Deposition of Ms. Michelle Baragary 4) Defendants Notice of Deposition of Matthew Foehr 5) Defendants Notice of Deposition of CyDex Pharmaceuticals, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) [Confidential] filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
May 31, 2019 Filing 72 REDACTED VERSION of #70 Notice to Take Deposition of Teva Pharmaceuticals, USA Inc. by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
May 29, 2019 Filing 71 STIPULATION TO EXTEND TIME for Certain Deadlines to Various Dates (See Stipulation) - filed by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
May 17, 2019 Filing 70 [SEALED] NOTICE to Take Deposition of Teva Pharmaceuticals, USA Inc. on June 7, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
May 17, 2019 Filing 69 NOTICE to Take Deposition of Carmen Dragomir on June 6, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
May 17, 2019 Filing 68 NOTICE to Take Deposition of Lorena Muggetti on May 29, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
May 17, 2019 Filing 67 NOTICE to Take Deposition of Maria Rotaru on June 4, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
May 17, 2019 Filing 66 NOTICE to Take Deposition of Mirabela Barbulescu on May 30, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
May 17, 2019 Filing 65 NOTICE to Take Deposition of Cornelia Stancu on May 28, 2019 filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
May 17, 2019 Filing 64 NOTICE OF SERVICE of Defendants Third Requests for Production of Documents and Things (Nos. 46 & 47) to Plaintiff filed by Teva Pharmaceuticals USA, Inc..(Fry, David)
May 16, 2019 Filing 63 NOTICE OF SERVICE of (1) Defendants' Fourth Set of Interrogatories to Plaintiff (Nos. 12-24) (2) Defendants' Third Set of Requests for Admissions to Plaintiff (Nos. 21-59) filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
May 13, 2019 Filing 62 NOTICE OF SERVICE of (1) Plaintiff's Response to Defendants' Third Set of Interrogatories (No. 11) (2) Plaintiff Cydex Pharmaceuticals, Inc.'s Supplemental Responses and Answers to Defendants Teva Pharmaceuticals, Usa, Inc. and Actavis, LLC's First Set of Interrogatories (Nos. 1-7) (3) Plaintiff's Response to Defendants' Second Set of Requests For Admissions (Nos. 11-20) (4) Plaintiff Cydex Pharmaceuticals, Inc.'s Supplemental Responses and Answers to Defendants Teva Pharmaceuticals, Usa, Inc. and Actavis, LLC's Second Set of Interrogatories (Nos. 8-10) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
May 3, 2019 Filing 61 REDACTED VERSION of #55 Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Discovery Dispute by CyDex Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1-4)(Tigan, Jeremy)
May 3, 2019 Filing 60 REDACTED VERSION of #56 Letter by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Fry, David)
May 1, 2019 SO ORDERED, re #57 STIPULATION TO EXTEND TIME for the parties to submit an interim status report pursuant to the Scheduling Order to April 30, 2019 filed by CyDex Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 5/1/19. (ntl)
April 30, 2019 Filing 59 Interim STATUS REPORT by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
April 28, 2019 Filing 58 ORAL ORDER: Having reviewed the parties' submissions (D.I. 55, 56), IT IS HEREBY ORDERED that CyDex's request that the Court order Teva to supplement its response to infringement contentions is DENIED. The Court is not persuaded that Tevas response is "wholly inadequate" or otherwise inconsistent with Teva's obligations under paragraph 1(d) of the scheduling order. Instead, as Teva notes, its response reduces the infringement disputes to nine issues, notwithstanding CyDex's assertion of 126 patent claims. Moreover, the Court has no basis to reject Teva's representation that its response "accurately reflects Teva's current positions on the issue of infringement in this case and the positions it currently intends to take in expert discovery and at trial based on the record developed in the case so far." However, Teva should understand that if it does not disclose any substantive, factual bases for non-infringement (other than claiming CyDex cannot meet its burden), Teva will not be permitted to add new bases for non-infringement during expert discovery. IT IS FURTHER ORDERED that the teleconference scheduled for tomorrow is CANCELLED. ORDERED by Judge Leonard P. Stark on 4/28/19. (ntl)
April 26, 2019 Filing 57 STIPULATION TO EXTEND TIME for the parties to submit an interim status report pursuant to the Scheduling Order to April 30, 2019 - filed by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
April 25, 2019 Filing 56 [SEALED] Letter to The Honorable Leonard P. Stark from David M. Fry regarding Discovery Dispute - re #55 Letter. (Fry, David)
April 23, 2019 Filing 55 [SEALED] Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Discovery Dispute. (Attachments: #1 Exhibit 1-4)(Tigan, Jeremy)
April 18, 2019 Filing 54 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for April 29, 2019 at 2:00 p.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than April 23, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than April 25, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 4/18/19. (ntl)
April 15, 2019 Filing 53 NOTICE OF SERVICE of 1) Defendants' Second Set of Requests for Admissions to Plaintiff (Nos. 11-20) and 2) Defendants' Third Set of Interrogatories to Plaintiff (No. 11) filed by Teva Pharmaceuticals USA, Inc..(Fry, David)
March 22, 2019 Filing 52 Joint Letter to the Honorable Leonard P. Stark from Jeremy A. Tigan regarding Scheduling of Discovery Teleconference. (Tigan, Jeremy)
February 25, 2019 Filing 51 NOTICE OF SERVICE of (1) Plaintiff Cydex Pharmaceuticals, Inc.'s Answers to Defendants Teva Pharmaceuticals, USA, Inc. and Actavis, LLC's Second Set of Interrogatories (Nos. 8-10), (2) Plaintiff Cydex Pharmaceuticals, Inc.'s Responses to Defendants Teva Pharmaceuticals, USA, Inc. and Actavis, LLC's Second Set of Requests for Production of Documents and Things (Nos. 32-45), and (3) Plaintiff Cydex Pharmaceuticals, Inc.'s Responses to Defendants Teva Pharmaceuticals, USA, Inc. and Actavis, LLC's First Set of Requests for Admissions (Nos. 1-10) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
February 22, 2019 Filing 50 ORAL ORDER: As requested in Plaintiff's letter to the Court (D.I. 49), IT IS HEREBY ORDERED that the Markman hearing scheduled for May 28, 2019 is CANCELLED. ORDERED by Judge Leonard P. Stark on 2/22/19. (ntl)
February 15, 2019 Filing 49 Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Claim Construction. (Tigan, Jeremy)
February 13, 2019 Filing 48 ORAL ORDER: Having reviewed the parties' letters and related materials (see D.I. 46, 47), IT IS HEREBY ORDERED that Plaintiff's request that the Court compel Defendant produce more core technical documents is DENIED. Defendant represents that it has "already produced all core technical documents in its possession, custody or control, and is not withholding any such documents from production," and the record reveals no basis to doubt the accuracy of this representation. Plaintiff appears to be requesting that the Court expand the meaning of "core technical documents" for purposes of this case, but the Court has already rejected that request in connection with the scheduling order. While Plaintiff suggests that Defendant's non-infringement contentions are deficient, it has not shared them with the Court, nor has it asked the Court for relief with respect to those contentions. IT IS FURTHER ORDERED that the teleconference scheduled for tomorrow is CANCELLED. ORDERED by Judge Leonard P. Stark on 2/13/19. (ntl)
February 8, 2019 Filing 47 Letter to The Honorable Leonard P. Stark from David M. Fry regarding Discovery Dispute - re #46 Letter. (Fry, David)
February 6, 2019 Filing 46 Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Discovery Dispute. (Attachments: #1 Exhibit 1-3)(Tigan, Jeremy)
February 4, 2019 Filing 45 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for February 14, 2019 at 10:15 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than February 6, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than February 8, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 2/4/19. (ntl)
January 28, 2019 Filing 44 NOTICE OF SERVICE of 1) Defendants' Notice of Subpoena for the Production of Documents to Bristol Myers Squibb Co. and 2) Defendants' Notice of Subpoena for the Production of Documents to Hovione LLC filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
January 28, 2019 Filing 43 NOTICE OF SERVICE of 1) Defendants' First Set of Requests for Admissions to Plaintiff (Nos. 1-10); 2) Defendants' Second Set of Interrogatories to Plaintiff (Nos. 8-10); and 3) Defendants' Second Set of Requests for Production of Documents and Things (Nos. 32-45) to Plaintiff) filed by Teva Pharmaceuticals USA, Inc..(Fry, David)
January 22, 2019 Filing 42 Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding request for the scheduling of a discovery teleconference. (Tigan, Jeremy)
January 22, 2019 Filing 41 NOTICE OF SERVICE of Plaintiff's Response to Defendants' Invalidity Contentions filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
January 16, 2019 Pro Hac Vice Attorney Alison M. Heydorn for Actavis LLC and 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)
January 8, 2019 SO ORDERED, re #40 MOTION for Pro Hac Vice Appearance of Attorney Alison Heydorn filed by Actavis LLC, Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 1/8/19. (ntl)
January 4, 2019 Filing 40 MOTION for Pro Hac Vice Appearance of Attorney Alison Heydorn - filed by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Fry, David)
December 26, 2018 Filing 39 NOTICE OF SERVICE of 1) Defendants' Response to Plaintiff's Paragraph 4(c) Initial Infringement Contentions; and 2) Defendants' Initial Invalidity Contentions filed by Teva Pharmaceuticals USA, Inc..(Keller, Karen)
November 30, 2018 Filing 38 SO ORDERED, re Stipulation to Amend Scheduling Order -- Claim Construction Answering Brief due by 4/12/2019. Claim Construction Opening Brief due by 3/15/2019. A Markman Hearing is set for 5/28/2019 at 09:00 AM in Courtroom 6B. Signed by Judge Leonard P. Stark on 11/30/18. (ntl)
November 28, 2018 Filing 37 Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Stipulation to Amend Scheduling Order - re #24 Scheduling Order,,. (Attachments: #1 Stipulation to Amend Schedule)(Tigan, Jeremy)
October 22, 2018 Filing 36 NOTICE OF SERVICE of Plaintiff's Initial Claim Charts on Infringement by Teva Pharmaceuticals, USA and Actavis, LLC Pursuant to Paragraph 4(c) of the Default Standard for Discovery filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
September 4, 2018 SO ORDERED, re #34 Stipulated Protective Order. Signed by Judge Leonard P. Stark on 9/4/18. (ntl)
August 30, 2018 SO ORDERED, re #35 MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Reisman, Benjamin A. Katzenellenbogen, Ali S. Razai, Karen M. Cassidy and Kimberly A. Kennedy filed by CyDex Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 8/30/18. (ntl)
August 29, 2018 Filing 35 MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Reisman, Benjamin A. Katzenellenbogen, Ali S. Razai, Karen M. Cassidy and Kimberly A. Kennedy - filed by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
August 24, 2018 Filing 34 PROPOSED ORDER --Stipulated Protective Order-- by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
August 24, 2018 Filing 33 NOTICE OF SERVICE of Plaintiff's Initial Disclosure Pursuant to Paragraph 3 of the Default Standard for Discovery filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
August 24, 2018 Filing 32 NOTICE OF SERVICE of Defendants' Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Fry, David)
August 24, 2018 Filing 31 NOTICE requesting Clerk to remove Samuel S. Park as co-counsel.. (Fry, David)
August 20, 2018 Filing 30 NOTICE OF SERVICE of Plaintiff's Paragraph 4(a) Disclosures Identifying the Asserted Patents and Accused Products filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
August 20, 2018 SO ORDERED, re #29 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed protective order to August 24, 2018 filed by Actavis LLC, Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 8/20/18. (ntl)
August 17, 2018 Filing 29 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed protective order to August 24, 2018 - filed by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Fry, David)
August 8, 2018 SO ORDERED, re #28 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to August 17, 2018 filed by Actavis LLC, Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 8/8/18. (ntl)
August 3, 2018 Filing 28 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to August 17, 2018 - filed by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Fry, David)
August 2, 2018 SO ORDERED, re #25 STIPULATION TO EXTEND TIME for Parties to File a Proposed Protective Order to August 3, 2018 filed by CyDex Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 8/1/18. (ntl)
July 30, 2018 Filing 27 NOTICE OF SERVICE of 1) Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories (Nos. 1-9); and 2) Defendants' Objections and Responses to Plaintiff's First Set of Requests for Production (Nos. 1-59) filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Fry, David)
July 27, 2018 Filing 26 NOTICE OF SERVICE of (1) Plaintiff CyDex Pharmaceuticals, Inc.'s Answers to Defendants Teva Pharmaceuticals, USA, Inc. and Actavis, LLC's First Set of Interrogatories (Nos. 1-7); (2) Plaintiff CyDex Pharmaceuticals, Inc.'s Responses to Defendants Teva Pharmaceuticals, USA, Inc. and Actavis, LLC's First Set of Requests for Production of Documents and Things (Nos. 1-31); (3) Plaintiff's Initial Disclosures Pursuant to Rule 26(a)(1); and (4) Plaintiff's Initial Disclosure Pursuant to Paragraph 3 of the Default Standard for Discovery filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
July 27, 2018 Filing 25 STIPULATION TO EXTEND TIME for Parties to File a Proposed Protective Order to August 3, 2018 - filed by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
July 24, 2018 Filing 24 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 6/14/2019. Status Report due by 4/26/2019. Claim Construction Opening Brief due by 1/25/2019. Claim Construction Answering Brief due by 2/22/2019. A Markman Hearing is set for 4/1/2019 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 1/3/2020. A Final Pretrial Conference is set for 1/10/2020 at 01:30 PM in Courtroom 6B before Judge Leonard P. Stark. A 5-6 day Bench Trial is set for 1/27/2020 at 08:30 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 7/20/18. (ntl)
July 18, 2018 Filing 23 NOTICE OF SERVICE of (1) Teva Pharmaceuticals USA, Inc. And Actavis, LLC's Initial Disclosures Pursuant to Rule 26(a)(1) filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
July 13, 2018 Pro Hac Vice Attorney Ryan B. Hauer 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)
July 11, 2018 SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney Ryan B. Hauer filed by Actavis LLC, Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 7/11/18. (ntl)
July 10, 2018 Filing 22 PROPOSED ORDER // Scheduling Order re 18 Order, by CyDex Pharmaceuticals, Inc.. (Attachments: #1 Cover Letter)(Tigan, Jeremy)
July 10, 2018 Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Ryan B. Hauer - filed by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Keller, Karen)
June 29, 2018 Filing 20 NOTICE OF SERVICE of (1) Cydex Pharmaceuticals Inc.'s First Set of Interrogatories (Nos. 1-9); and (2) Cydex Pharmaceuticals Inc.'s First Set of Request for Production (Nos. 1-59) filed by CyDex Pharmaceuticals, Inc..(Tigan, Jeremy)
June 27, 2018 Filing 19 NOTICE OF SERVICE of (1) Defendants' First Set of Interrogatories to Plaintiff (Nos. 1-7) (2) Defendants' Requests for Production of Documents and Things (Nos. 1-31) to Plaintiff filed by Actavis LLC, Teva Pharmaceuticals USA, Inc..(Keller, Karen)
June 26, 2018 Filing 18 ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal, including a proposal for the length and timing of trial, to the Court no later than July 10, 2018. The parties are to review the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, New Patent Procedures). ORDERED by Judge Leonard P. Stark on 6/26/18. (ntl)
April 18, 2018 Pro Hac Vice Attorney Samuel S. Park, Eimeric Reig-Plessis, Kevin E. Warner, George C. Lombardi, and Charles B. Klein 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)
April 16, 2018 SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Charles B. Klein, Claire A. Fundakowski, Eimeric Reig-Plessis, George C. Lombardi, Samuel S. Park, and Kevin E. Warner filed by Actavis LLC, Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 4/16/18. (ntl)
April 12, 2018 Filing 17 ANSWER to #14 Answer to Complaint, Counterclaim by CyDex Pharmaceuticals, Inc..(Blumenfeld, Jack)
April 11, 2018 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Charles B. Klein, Claire A. Fundakowski, Eimeric Reig-Plessis, George C. Lombardi, Samuel S. Park, and Kevin E. Warner - filed by Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Keller, Karen)
April 9, 2018 SO ORDERED, re #15 STIPULATION DISMISSING DEFENDANT TEVA PHARMACEUTICAL INDUSTRIES LTD. AND AMENDMENT OF CAPTION -- Teva Pharmaceutical Industries Ltd. terminated. Signed by Judge Leonard P. Stark on 4/9/18. (ntl)
April 5, 2018 Filing 15 STIPULATION DISMISSING DEFENDANT TEVA PHARMACEUTICAL INDUSTRIES LTD. AND AMENDMENT OF CAPTION by Actavis LLC, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Keller, Karen)
March 22, 2018 Filing 14 ANSWER to #1 Complaint, , COUNTERCLAIM against CyDex Pharmaceuticals, Inc. by Actavis LLC, Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd..(Keller, Karen)
March 22, 2018 Filing 13 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Teva Pharmaceuticals USA, Inc. for Actavis LLC; Corporate Parent Teva Pharmaceutical Industries Ltd for Teva Pharmaceuticals USA, Inc. filed by Actavis LLC, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Keller, Karen)
January 2, 2018 SO ORDERED, re #12 STIPULATION TO EXTEND TIME for Teva Pharmaceuticals USA, Inc. and Actavis, LLC to move, answer, or otherwise respond to the Complaint to March 22, 2018 filed by CyDex Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 1/2/18. (ntl)
December 28, 2017 Filing 12 STIPULATION TO EXTEND TIME for Teva Pharmaceuticals USA, Inc. and Actavis, LLC to move, answer, or otherwise respond to the Complaint to March 22, 2018 - filed by CyDex Pharmaceuticals, Inc.. (Tigan, Jeremy)
December 28, 2017 Filing 11 WAIVER OF SERVICE returned executed by CyDex Pharmaceuticals, Inc.: For Actavis LLC waiver sent on 12/22/2017, answer due 2/20/2018. (Tigan, Jeremy)
December 28, 2017 Filing 10 REQUEST FOR WAIVER of Service sent to Actavis, LLC on 12/22/2017 by CyDex Pharmaceuticals, Inc.. Waiver of Service due by 1/22/2018. (Tigan, Jeremy)
December 28, 2017 Filing 9 WAIVER OF SERVICE returned executed by CyDex Pharmaceuticals, Inc.: For Teva Pharmaceutical Industries Ltd. waiver sent on 12/22/2017, answer due 3/22/2018. (Tigan, Jeremy)
December 28, 2017 Filing 8 REQUEST FOR WAIVER of Service sent to Teva Pharmaceutical Industries Ltd. on 12/22/2017 by CyDex Pharmaceuticals, Inc.. Waiver of Service due by 1/22/2018. (Tigan, Jeremy)
December 28, 2017 Filing 7 WAIVER OF SERVICE returned executed by CyDex Pharmaceuticals, Inc.: For Teva Pharmaceuticals USA, Inc. waiver sent on 12/22/2017, answer due 2/20/2018. (Tigan, Jeremy)
December 28, 2017 Filing 6 REQUEST FOR WAIVER of Service sent to Teva Pharmaceutical USA, Inc. on 12/22/2017 by CyDex Pharmaceuticals, Inc.. Waiver of Service due by 1/22/2018. (Tigan, Jeremy)
December 27, 2017 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
December 21, 2017 Summons Issued with Magistrate Consent Notice attached as to Actavis LLC on 12/21/2017; Teva Pharmaceutical Industries Ltd. on 12/21/2017; Teva Pharmaceuticals USA, Inc. on 12/21/2017. 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)
December 20, 2017 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ligand Pharmaceuticals, Inc. for CyDex Pharmaceuticals, Inc. filed by CyDex Pharmaceuticals, Inc. (ceg)
December 20, 2017 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,410,077 B2; 9,200,088 B2; 9,493,582 B2. (ceg)
December 20, 2017 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 11/9/2017. Date of Expiration of Patent: See attached.Thirty Month Stay Deadline: 5/9/2020. (ceg)
December 20, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg)
December 20, 2017 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Actavis LLC, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2288999.) - filed by CyDex Pharmaceuticals, Inc. (Attachments: #1 Exhibits A-E, #2 Civil Cover Sheet)(ceg)

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Search for this case: CyDex Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc. et al
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Defendant: Teva Pharmaceuticals USA, Inc.
Represented By: Karen Elizabeth Keller
Represented By: Kevin E. Warner
Represented By: Samuel S. Park
Represented By: George C. Lombardi
Represented By: David M. Fry
Represented By: Ryan B. Hauer
Represented By: Charles B. Klein
Represented By: Eimeric Reig-Plessis
Represented By: Alison M. Heydorn
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Defendant: Actavis LLC
Represented By: Karen Elizabeth Keller
Represented By: David M. Fry
Represented By: Alison M. Heydorn
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Defendant: Teva Pharmaceutical Industries Ltd.
Represented By: Karen Elizabeth Keller
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Plaintiff: CyDex Pharmaceuticals, Inc.
Represented By: Jeremy A. Tigan
Represented By: Jack B. Blumenfeld
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