ViiV Healthcare Company et al v. Gilead Sciences, Inc.
Plaintiff: ViiV Healthcare UK (No. 3) Limited, Shionogi & Co., Ltd. and ViiV Healthcare Company
Defendant: Gilead Sciences, Inc.
Case Number: 1:2018cv00224
Filed: February 7, 2018
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Vacant Judgeship (2017)
Referring Judge: Christopher J Burke
2 Judge: Colm F Connolly
Nature of Suit: Patent
Cause of Action: 35:271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2020 Filing 222 Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding submission of additional expert reports. (Blumenfeld, Jack)
April 3, 2020 Filing 221 STIPULATION TO EXTEND TIME to File Redacted Documents (D.I. 212, 213, 216 & 217) to April 7, 2020 and April 8, 2020 - filed by Gilead Sciences, Inc.. (Tigan, Jeremy)
March 31, 2020 Filing 220 MOTION for a Teleconference to Resolve Discovery Dispute re 219 Order Setting Teleconference,,,,,, - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. Motions referred to Christopher J. Burke.(Silver, Daniel)
March 30, 2020 Opinion or Order Filing 219 ORAL ORDER Setting Teleconference: The Court has considered the parties' recently filed motions regarding expert discovery-related disputes, (D.I. 212; D.I. 215; D.I. 217), their briefs, (D.I. 213; D.I. 216; D.I. 217), and the District Court's March 30, 2020 Oral Order, and hereby ORDERS as follows: (1) A telephonic hearing as to all of the motions is set for April 20, 2020, at 1:00 PM.; (2) Defendants' brief, (D.I. 213) is hereby STRICKEN. By April 6, 2020, Defendant shall file an opening letter brief of no more than three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By April 13, 2020, Plaintiffs may file an answering letter brief of no longer than five (5) single-spaced pages, in no less than 12-point font, in response to Defendant's opening letter brief. Also on April 13, 2020, Defendant may file two answering letter briefs, each no longer than five (5) single-spaced pages, in no less than 12-point font, in response to each of Plaintiffs' opening letter briefs, (D.I. 216; D.I. 217).; (4) By April 16, 2020, the parties may file reply briefs of no longer than two (2) single-spaced pages, in no less than 12-point font, one for each discovery dispute.; (5) Plaintiffs are ORDERED to file a one-page motion in relation to the dispute they bring in their second letter brief, (D.I. 217); and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Signed by Judge Christopher J. Burke on 3/30/2020. (dlb)
March 30, 2020 Opinion or Order ORAL ORDER: The Court has reviewed Plaintiffs' March 27, 2020 letter (D.I. #218 ). Plaintiffs are correct. Discovery motions were referred to Magistrate Judge Burke, and he therefore will address the motions at issue, including the motion docketed at D.I. #212 . Ordered by Judge Colm F. Connolly on 3/30/2020. (nmf)
March 27, 2020 Filing 218 Letter to The Honorable Colm F. Connolly and The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Request for Guidance Regarding Recently Filed Motions to Strike and Motions for Leave to Serve Surreply - re #215 MOTION to Strike or Alternatively for Leave to Serve a Surreply, #217 Letter, #216 Letter,. (Silver, Daniel)
March 27, 2020 Filing 217 [SEALED] Letter to Magistrate Judge Christopher J. Burke from Daniel M. Silver, Esq. regarding Plaintiffs' Request For Leave To Serve Supplemental Expert Report Of Dr. Timothy Simcoe - re #214 Letter. (Attachments: #1 Exhibits A-E, #2 Text of Proposed Order, #3 Certificate of Service)(Silver, Daniel)
March 27, 2020 Filing 216 [SEALED] Letter to Magistrate Judge Christopher J. Burke from Daniel M. Silver, Esq. - re #215 MOTION to Strike or Alternatively for Leave to Serve a Surreply. (Attachments: #1 Exhibits A-B, #2 Exhibit C, #3 Exhibits D-J, #4 Certificate of Service)(Silver, Daniel)
March 27, 2020 Filing 215 MOTION to Strike or Alternatively for Leave to Serve a Surreply - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Text of Proposed Order)(Silver, Daniel)
March 27, 2020 Filing 214 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling a Discovery Teleconference. (Silver, Daniel)
March 26, 2020 Filing 213 [SEALED] OPENING BRIEF in Support re #212 MOTION for Leave to Serve Supplemental and Sur-Reply Expert Reports filed by Gilead Sciences, Inc..Answering Brief/Response due date per Local Rules is 4/9/2020. (Blumenfeld, Jack)
March 26, 2020 Filing 212 [SEALED] MOTION for Leave to Serve Supplemental and Sur-Reply Expert Reports - filed by Gilead Sciences, Inc.. (Attachments: #1 Exhibits A-S)Motions referred to Christopher J. Burke.(Blumenfeld, Jack)
March 23, 2020 Filing 211 REDACTED VERSION of #193 Memorandum and Order, 210 Oral Order,,,,,,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
March 20, 2020 Opinion or Order Filing 210 ORAL ORDER: The Court has considered Plaintiffs' Motion to Redact Memorandum Order ("Motion"), (D.I. #195 ), and HEREBY GRANTS-IN-PART and DENIES-IN-PART the Motion for the following reasons: (1) The Motion is GRANTED as to the redactions relating to Dr. Kawasuji's salary and compensation, (D.I. 193 at 3; see also D.I. 195 at 3-4), for the reasons set forth by Plaintiffs.; (2) The Motion is DENIED as to Dr. Kawasuji's remark regarding the patent in-suit. (D.I. 193 at 4; see also D.I. 195 at 4-5) While Plaintiffs argue that disclosure of the redacted material could cause "embarrassment" for Dr. Kawasuji and/or Plaintiffs, (D.I. 195 at 5), the subject matter of the statement is not salacious; instead, the statement is about how Defendant's conduct relates to a patent at issue here. A moving party has a high bar to clear to redact material based on purportedly "embarrassing" content, which Plaintiffs' Motion does not meet. See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 787 (3d Cir. 1994); Rossi v. Schlarbaum, Civil Action No. 07-3792, 2008 WL 222323, at *3 (E.D. Pa. Jan. 25, 2008). As to Plaintiffs' argument that the remark should be redacted because it originated in an e-mail "not intended for public disclosure or publication" when it was sent, (D.I. 195 at 4), the Court fails to see how this communication is different from almost any other work-related e-mail communication in that regard. And to the extent Plaintiffs disagree with how Defendant characterizes the e-mail, (id.), they have the ability to push back on that characterization in this case.; (3) Therefore, the Court further ORDERS Plaintiffs to submit a Memorandum Order, (D.I. 193), with redactions in accordance with this Oral Order, by no later than March 25, 2020. Ordered by Judge Christopher J. Burke on 3/20/2020. (mlc)
March 19, 2020 Filing 209 REDACTED VERSION of #200 Statement, by Gilead Sciences, Inc.. (Attachments: #1 Exhibit D11-D20, #2 Exhibit D21-D24, #3 Exhibit D25 (part 1), #4 Exhibit D25 (part 2), #5 Exhibit D26-D30)(Tigan, Jeremy)
March 19, 2020 Filing 208 REDACTED VERSION of #199 Statement by Gilead Sciences, Inc.. (Tigan, Jeremy)
March 19, 2020 Filing 207 REDACTED VERSION of #198 Statement by Gilead Sciences, Inc.. (Tigan, Jeremy)
March 19, 2020 Filing 206 REDACTED VERSION of #197 Declaration by Gilead Sciences, Inc.. (Attachments: #1 Exhibit A-C, #2 Letter to The Honorable Colm F. Connolly)(Tigan, Jeremy)
March 18, 2020 Opinion or Order Filing 205 SO ORDERED, re #204 STIPULATION Modifying the Case Schedule re #87 Scheduling Order. The 4/1/2020 Evidentiary Hearing and the 4/17/2020 Expert Discovery Deadline are vacated. ORDER, Setting Deadlines/Hearings: A Telephonic Status Conference is set for 4/22/2020 at 10:00 AM before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 3/18/2020. (nmf)
March 17, 2020 Filing 204 STIPULATION Modifying the Case Schedule re #87 Scheduling Order,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
March 17, 2020 Filing 203 [SEALED] STATEMENT --Amended Submission of Extrinsic Evidence-- by Gilead Sciences, Inc.. (Attachments: #1 Exhibits D1-D25)(Tigan, Jeremy)
March 17, 2020 Filing 202 REDACTED VERSION of #195 MOTION to Redact Memorandum Order re #193 Memorandum and Order, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
March 17, 2020 Filing 201 REDACTED VERSION of #194 Declaration, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
March 10, 2020 Filing 200 [SEALED] STATEMENT re #198 Statement, #199 Statement by Gilead Sciences, Inc.. (Attachments: #1 Part 3 - Exhibits D11-D20, #2 Part 4 - Exhibits D21-D24, #3 Part 5 - Exhibit D25(a), #4 Part 6 - Exhibit D25(b), #5 Part 7 - Exhibits D26-D30)(Tigan, Jeremy)
March 10, 2020 Filing 199 [SEALED] STATEMENT re #198 Statement (Part 1 of 7 - Exhibits D1-D4) by Gilead Sciences, Inc.. (Tigan, Jeremy)
March 10, 2020 Filing 198 [SEALED] STATEMENT -- Submission of Extrinsic Evidence -- by Gilead Sciences, Inc.. (Tigan, Jeremy)
March 10, 2020 Filing 197 [SEALED] DECLARATION of David W. C. MacMillan, Ph.D. by Gilead Sciences, Inc.. (Attachments: #1 Exhibits A-C, #2 Letter to The Honorable Colm F. Connolly)(Tigan, Jeremy)
March 10, 2020 Filing 196 STATEMENT - Plaintiffs' Identification of Extrinsic Evidence for April 1, 2020 Evidentiary Hearing Regarding the Claim Construction of "Are Independently" by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Exhibits 2 - 7, #2 Exhibits 8 - 15, #3 Exhibits 16 - 24)(Silver, Daniel)
March 10, 2020 Filing 195 [SEALED] MOTION to Redact Memorandum Order re #193 Memorandum and Order, - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Certificate of Service)Motions referred to Christopher J. Burke.(Silver, Daniel)
March 10, 2020 Filing 194 [SEALED] DECLARATION of Peter Wipf, Ph.D. In Support of Plaintiffs' Proposed Construction of "Are Independently" by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certificate of Service)(Silver, Daniel)
March 5, 2020 Opinion or Order Filing 193 [SEALED] MEMORANDUM ORDER re #190 Joint MOTION for Hearing (Teleconference) to Resolve Discovery Dispute re [179, 182, 183] Oral Orders filed by Gilead Sciences, Inc.. Signed by Judge Christopher J. Burke on 3/5/2020.This order has been emailed to local counsel. (dlb)
March 4, 2020 Filing 192 REDACTED VERSION of #187 Letter by Gilead Sciences, Inc.. (Blumenfeld, Jack)
March 4, 2020 Filing 191 Official Transcript of telephone conference held on March 2, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@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 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020. (vjg)
March 3, 2020 Filing 190 Joint MOTION for Hearing (Teleconference) to Resolve Discovery Dispute re [179, 182, 183] Oral Orders - filed by Gilead Sciences, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy)
March 2, 2020 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 3/2/20. The Court heard the parties' arguments regarding the parties discovery dispute, (D.I. 184; D.I. 187). The Court took the matters under advisement. (Clerk, Schwerin) APPEARANCES: Alexandra Joyce, Todd Krauss, Justin Wilcox, and Lindsey Miller for Plaintiffs; Jeremy Tigan, Scott McBride, and Matthew Ford for Defendants; (Court Reporter Valerie Gunning.) (dlb)
February 28, 2020 Filing 189 REDACTED VERSION of #184 Letter, to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Letter Brief by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
February 27, 2020 Opinion or Order Filing 188 ORDER Setting Mediation Conference: A Mediation Conference is set for 5/21/2020 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 2/27/2020. (dlb)
February 26, 2020 Filing 187 [SEALED] Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Kawasuji deposition. (Attachments: #1 Exhibits A-E)(Blumenfeld, Jack)
February 25, 2020 Opinion or Order ORAL ORDER: The Court has reviewed the parties' joint letter dated February 21, 2020 (D.I. 186). The Court will not permit at the evidentiary hearing testimony from Plaintiffs' "experienced patent drafter" or its "non-technical linguistic expert." The proffered testimony would not "educate the court regarding the field of the invention." Phillips v. AWH Corp., 415 F.3d 1303, 1319 (Fed. Cir. 2005) (en banc). Ordered by Judge Colm F. Connolly on 2/25/2020. (nmf)
February 21, 2020 Filing 186 Letter to The Honorable Colm F. Connolly from Jack B. Blumenfeld regarding schedule for evidentiary hearing. (Blumenfeld, Jack)
February 21, 2020 Filing 185 NOTICE OF SERVICE of Errata to the January 10, 2020 Expert Report of Christopher A. Vellturo, Ph.D. filed by Gilead Sciences, Inc..(Tigan, Jeremy)
February 21, 2020 Filing 184 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Letter Brief - re 179 Oral Order,,,,,, Set Deadlines/Hearings,,,,,. (Attachments: #1 Exhibit 1-6, #2 Certificate of Service)(Silver, Daniel)
February 20, 2020 Opinion or Order Filing 183 ORAL ORDER: The Court has reviewed the parties recent letters regarding the discovery dispute teleconference scheduled for March 2, 2020 at 3:00 pm. (D.I. 180; D.I. 181) The Court had scheduled the teleconference and set out a briefing schedule in light of a letter filed on February 12, 2020 that explained that it was filed on behalf of the parties[.] (D.I. 178 at 1) That letter did not indicate which side was the moving party as to the pending dispute. (Id.) And so, the Court, assuming that there was no clear moving party as to this issue, thereafter set a briefing schedule in which Plaintiffs were to file an opening letter brief on February 20, 2020 and Defendant was to file an answering letter brief on February 27, 2020. (D.I. 179) In light of the Plaintiffs recent letter, (D.I. 180), the Court will extend their deadline to file an opening letter brief until February 21, 2020. Defendants answering letter brief will remain due on February 27, 2020.. Signed by Judge Christopher J. Burke on 2/20/2020. (dlb)
February 20, 2020 Opinion or Order Filing 182 ORAL ORDER: Going forward, the Court hereby ORDERS that the procedures for resolving a dispute relating to discovery or the protective order set out in the Scheduling Order, (D.I. 87 at 4-5), will be modified as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery or protective order matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order for Patent cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. For disputes relating to discovery, the moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute, and for disputes relating to protective orders, the parties shall file a Joint Motion for Teleconference to Resolve Protective Order Dispute. The suggested text for these motions can be found in the same Forms tab. The Court will thereafter set a discovery or protective order dispute telephone conference. Ordered by Judge Christopher J. Burke on 2/20/2020. (dlb)
February 19, 2020 Filing 181 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding response to Plaintiff's letter - re #180 Letter. (Tigan, Jeremy)
February 19, 2020 Filing 180 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Request for Clarification of Oral Order. (Silver, Daniel)
February 13, 2020 Opinion or Order Filing 179 ORAL ORDER: The Court has reviewed the parties' February 12, 2020 letter requesting a discovery teleconference regarding a discovery dispute. (D.I. 178) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Amended Scheduling Order, (D.I. 87), will be modified as follows with regard to this dispute: (1) The parties to this dispute shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for March 2, 2020, at 3:00 p.m. before Judge Christopher J. Burke.; (3) By no later than February, 20, 2020, Plaintiffs shall file an opening letter brief, not to exceed three (3) single-spaced pages, outlining their position as to the dispute.; (4) By no later than February 27, 2020, Defendant shall file a letter brief, not to exceed three (3) single-spaced pages, outlining its position as to the dispute.; (5) Two courtesy copies of the letter briefs are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 2/13/2020. (dlb)
February 12, 2020 Filing 178 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Discovery Teleconference. (Tigan, Jeremy)
February 10, 2020 Filing 177 NOTICE OF SERVICE of (1) Reply Expert Report of Prof. Robert S. Paton and (2) Reply Expert Report of David W. C. MacMillan filed by Gilead Sciences, Inc..(Tigan, Jeremy)
February 10, 2020 Filing 176 NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Stephen R. Byrn, Ph.D. Concerning Insubstantial Difference Between Dolutegravir and Bictegravir; (2) Reply Expert Report of Jay Dobkin, M.D. Regarding Infringement of U.S. Patent No. 8,129,385; (3) Reply Expert Report of Jennifer Dressman, Ph.D. Concerning Insubstantial Differences Between Dolutegravir and Bictegravir; (4) Reply Expert Report of Alan Engelman, Ph.D. Concerning Insubstantial Differences Between Dolutegravir and Bictegravir; (5) Reply Expert Report of Frederick Peter Guengerich, Ph.D., Regarding Infringement of U.S. Patent No. 8,129,385; (6) Reply Expert Report of Kenneth M. Merz, Jr., Ph.D., Concerning Gilead Sciences, Inc.s Infringement of U.S. Patent No. 8,129,385; (7) Supplemental Reply Expert Report of Kenneth M. Merz, Jr., Ph.D., Concerning Gilead Sciences, Inc.s Infringement of U.S. Patent No. 8,129,385; (8) Expert Report of Timothy Simcoe, Ph.D.; (9) Reply Expert Report of Raymond S. Sims; (10) Reply Expert Report of Peter Wipf, Ph.D., Concerning Gilead Sciences, Inc.s Infringement of U.S. Patent No. 8,129,385 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
February 5, 2020 Opinion or Order Filing 175 ORDER denying #103 MOTION for Judgment on the Pleadings and vacating #84 Claim Construction Order. ORDER, Setting Hearings: An Evidentiary Hearing is set for 4/1/2020 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 2/5/2020. (nmf)
February 5, 2020 Filing 174 MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 2/5/2020. (nmf)
February 3, 2020 Opinion or Order Filing 173 SO ORDERED, re #171 STIPULATION and Order to Allow an Additional Deposition of Dr. Takashi Kawasuji After the Close of Fact Discovery. Signed by Judge Colm F. Connolly on 2/3/2020. (nmf)
February 3, 2020 Pro Hac Vice Attorney Madeline Lansky for Gilead Sciences, 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. (kmd)
February 3, 2020 Opinion or Order SO ORDERED, re #172 MOTION for Pro Hac Vice Appearance of Attorney Madeline W. Lansky of Bartlit Beck LLP filed by Gilead Sciences, Inc. Signed by Judge Colm F. Connolly on 2/3/2020. (fms)
January 31, 2020 Filing 172 MOTION for Pro Hac Vice Appearance of Attorney Madeline W. Lansky of Bartlit Beck LLP - filed by Gilead Sciences, Inc.. (Tigan, Jeremy)
January 30, 2020 Filing 171 STIPULATION and [Proposed] Order to Allow an Additional Deposition of Dr. Takashi Kawasuji After the Close of Fact Discovery by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
January 28, 2020 Filing 170 REQUEST for Oral Argument by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited re #159 MOTION to Strike the Expert Report of James T. Carmichael. (Silver, Daniel)
January 21, 2020 Filing 169 REPLY BRIEF re #159 MOTION to Strike the Expert Report of James T. Carmichael filed by Gilead Sciences, Inc.. (Attachments: #1 Exhibit A)(Blumenfeld, Jack)
January 13, 2020 Filing 168 REDACTED VERSION of #164 Declaration, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Smyth, Benjamin)
January 13, 2020 Filing 167 REDACTED VERSION of #163 Answering Brief in Opposition, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Smyth, Benjamin)
January 13, 2020 Filing 166 NOTICE OF SERVICE of (1) Expert Report of Robert Burk, Ph.D., (2) Expert Report of Prof. Bryan Cullen, (3) Rebuttal Expert Report of David W. C. MacMillan, Ph.D., (4) Expert Report of Kenneth R. Morris, (5) Expert Report of Charles H. Reynolds, (6) Expert Report of Douglas D. Richman, M.D., (7) Expert Report of David Taft, Ph.D., and (8) Expert Report of Christopher A. Vellturo, Ph.D. filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 13, 2020 Filing 165 NOTICE OF SERVICE of Rebuttal Expert Report of Dr. Peter Wipf filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
January 6, 2020 Filing 164 [SEALED] DECLARATION re #163 Answering Brief in Opposition, of Justin P.D. Wilcox by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Exhibit 1-2, #2 Certificate of Service)(Silver, Daniel)
January 6, 2020 Filing 163 [SEALED] ANSWERING BRIEF in Opposition re #159 MOTION to Strike the Expert Report of James T. Carmichael filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.Reply Brief due date per Local Rules is 1/13/2020. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Silver, Daniel)
December 23, 2019 Filing 162 REDACTED VERSION of #160 Opening Brief in Support, by Gilead Sciences, Inc.. (Tigan, Jeremy)
December 18, 2019 Opinion or Order SO ORDERED, re #161 STIPULATION TO EXTEND TIME Briefing for Defendant's Motion to Strike the Expert Report of James T. Carmichael to January 6, 2020 & January 21, 2020 filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd., Set Briefing Schedule: re #159 MOTION to Strike the Expert Report of James T. Carmichael. (Answering Brief due 1/6/2020., Reply Brief due 1/21/2020.) Signed by Judge Colm F. Connolly on 12/18/2019. (nmf)
December 18, 2019 Filing 161 STIPULATION TO EXTEND TIME Briefing for Defendant's Motion to Strike the Expert Report of James T. Carmichael to January 6, 2020 & January 21, 2020 - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
December 9, 2019 Filing 160 [SEALED] OPENING BRIEF in Support re #159 MOTION to Strike the Expert Report of James T. Carmichael filed by Gilead Sciences, Inc..Answering Brief/Response due date per Local Rules is 12/23/2019. (Attachments: #1 Exhibit A-E)(Tigan, Jeremy)
December 9, 2019 Filing 159 MOTION to Strike the Expert Report of James T. Carmichael - filed by Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Tigan, Jeremy)
December 3, 2019 Opinion or Order Filing 158 SO ORDERED, re #157 Stipulation filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 12/3/2019. (fms)
November 27, 2019 Filing 157 Joint STIPULATION and [Proposed] Order Regarding Miscellaneous Issues by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
November 18, 2019 Filing 156 NOTICE OF SERVICE of (1) Expert Report of Raymond Sims; (2) Expert Report of Peter Wipf, Ph.D.; (3) Expert Report of Kenneth M. Merz, Jr., Ph.D.; (4) Expert Report of Jay Dobkin, M.D.; (5) Expert Report of Alan Engelman, Ph.D.; (6) Expert Report of James T. Carmichael filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
November 15, 2019 Filing 155 NOTICE OF SERVICE of Expert Report of David W. C. MacMillan, Ph.D. filed by Gilead Sciences, Inc..(Tigan, Jeremy)
November 14, 2019 Filing 154 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Fifth Supplemental Responses to Plaintiffs' First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-24) filed by Gilead Sciences, Inc..(Tigan, Jeremy)
November 14, 2019 Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 11/14/2019. (Court Reporter V. Gunning.) (nmf)
October 21, 2019 Filing 153 NOTICE to Take Deposition of Trevor Scott on October 23, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
October 17, 2019 Opinion or Order ORAL ORDER Setting Hearings: An Oral Argument is set for 11/14/2019 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 10/17/2019. (nmf)
October 16, 2019 Filing 152 NOTICE OF SERVICE of Plaintiffs Fourth Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
October 4, 2019 Filing 151 NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Second Set of Requests for Admission (Nos. 3-19), (2) Defendant Gilead Sciences, Inc.'s Fourth Supplemental Responses to Plaintiffs' First, Second & Third Sets of Interrogatories (Nos. 1-14), and (3) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Fourth Set of Interrogatories (Nos. 15-24) filed by Gilead Sciences, Inc..(Tigan, Jeremy)
October 4, 2019 Filing 150 NOTICE OF SERVICE of (1) Plaintiffs Objections and Responses to Gilead Sciences, Inc.s Fifth Set of Interrogatories (Nos. 13-14); (2) Plaintiffs Third Supplemental and Amended Response to Defendants First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-12); and (3) Plaintiffs Third Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
October 3, 2019 Pro Hac Vice Attorney Alyssa Monsen for Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited 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)
October 2, 2019 Opinion or Order SO ORDERED, re #149 MOTION for Pro Hac Vice Appearance of Attorney Alyssa Monsen filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 10/2/2019. (fms)
October 2, 2019 Filing 149 MOTION for Pro Hac Vice Appearance of Attorney Alyssa Monsen - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certification for Alyssa Monsen)(Silver, Daniel)
September 27, 2019 Filing 148 NOTICE to Take Deposition of Jim Meyers on October 2, 2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 24, 2019 Filing 147 NOTICE to Take Deposition of Andrew Zolopa on such date, time, and place as may be mutually agreed upon -- filed by Gilead Sciences, Inc..(Tigan, Jeremy)
September 24, 2019 Filing 146 NOTICE to Take Deposition of Andrew Perry on such date, time, and place as may be mutually agreed upon -- filed by Gilead Sciences, Inc..(Tigan, Jeremy)
September 17, 2019 Filing 145 NOTICE OF SERVICE of Plaintiffs Second Amended Objections And Responses To Gilead Sciences, Inc.s Notice Of Deposition Pursuant To Fed. R. Civ. P. 30(B)(6) (No. 58) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 13, 2019 Filing 144 NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 13, 2019 Filing 143 NOTICE OF SERVICE of Gilead's Final Invalidity Contentions filed by Gilead Sciences, Inc..(Tigan, Jeremy)
September 13, 2019 Filing 142 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Second Supplemental Initial Disclosures filed by Gilead Sciences, Inc..(Tigan, Jeremy)
September 11, 2019 Filing 141 NOTICE to Take Deposition of Tomokazu Yoshinaga on date, time, and place as mutually agreed upon filed by Gilead Sciences, Inc..(Blumenfeld, Jack)
September 9, 2019 Filing 140 NOTICE to Take Deposition of Chris Freeman on October 1, 2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 9, 2019 Filing 139 NOTICE to Take Deposition of Melissa Koomey on October 4, 2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 5, 2019 Filing 138 NOTICE OF SERVICE of Plaintiffs Second Supplemental Response to Defendants First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-12) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 5, 2019 Filing 137 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Third Supplemental Responses to Plaintiffs' First, Second & Third Sets of Interrogatories (Nos. 1-14) filed by Gilead Sciences, Inc..(Tigan, Jeremy)
September 4, 2019 Filing 136 NOTICE of Supplemental Authority by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited (Attachments: #1 Exhibit A-B)(Silver, Daniel)
September 4, 2019 Filing 135 NOTICE OF SERVICE of (1) Plaintiffs Fourth Set of Interrogatories to Gilead Sciences, Inc. (Nos. 15-24) and (2) Plaintiffs Second Set of Requests for Admission to Gilead Sciences, Inc. (Nos. 3-19) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 4, 2019 Filing 134 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Fifth Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [Nos. 13-14] filed by Gilead Sciences, Inc..(Tigan, Jeremy)
September 3, 2019 Filing 133 REDACTED VERSION of #128 Reply Brief in Support of Motion for Judgment on the Pleadings by Gilead Sciences, Inc.. (Attachments: #1 Exhibit A-B)(Tigan, Jeremy)
August 30, 2019 Filing 132 NOTICE OF SERVICE of Plaintiffs' Second Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
August 28, 2019 Filing 131 REQUEST for Oral Argument by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited re #103 MOTION for Judgment on the Pleadings . (Silver, Daniel)
August 28, 2019 Filing 130 NOTICE OF SERVICE of Plaintiffs First Supplemental Privilege Log filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
August 26, 2019 Filing 129 NOTICE requesting Clerk to remove Michael D. Jenks as co-counsel.. (Silver, Daniel)
August 23, 2019 Filing 128 [SEALED] REPLY BRIEF re #103 MOTION for Judgment on the Pleadings filed by Gilead Sciences, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service, #3 Exhibit A-B)(Tigan, Jeremy)
August 23, 2019 Filing 127 NOTICE to Take Deposition of Katsuhiko Tamaki on date to be mutually agreed upon filed by Gilead Sciences, Inc..(Tigan, Jeremy)
August 21, 2019 Opinion or Order Filing 126 ORAL ORDER: The Court has reviewed the parties' recent letters requesting a discovery teleconference regarding 1 discovery dispute. (D.I. 114; D.I. 115) It hereby ORDERS that the following procedures for resolving a discovery dispute shall be followed with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for September 9, 2019 at 3:30 PM before Judge Christopher J. Burke.; (3) By no later than August 28, 2019, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than September 4, 2019, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the teleconference. Ordered by Judge Christopher J. Burke on 8/21/2019. (dlb)
August 20, 2019 Filing 125 NOTICE OF SERVICE of Plaintiffs' First Amended Claim Chart filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
August 20, 2019 Filing 124 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Objections and Responses to Plaintiffs' First Notice of Deposition Pursuant to Rule 30(b)(6) filed by Gilead Sciences, Inc..(Tigan, Jeremy)
August 20, 2019 Pro Hac Vice Attorney Meg Fasulo for Gilead Sciences, 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. (kmd)
August 19, 2019 Opinion or Order ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke for all disputes relating to discovery and the protective order. Ordered by Judge Colm F. Connolly on 8/19/2019. (nmf)
August 19, 2019 Pro Hac Vice Attorney Nevin M. Gewertz for Gilead Sciences, 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. (kmd)
August 16, 2019 Filing 123 REDACTED VERSION of #117 Declaration, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
August 16, 2019 Filing 122 REDACTED VERSION of #116 Answering Brief in Opposition, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
August 15, 2019 Filing 121 NOTICE OF SERVICE of Plaintiffs First Amended Objections and Responses to Gilead Sciences, Inc.s Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
August 14, 2019 Opinion or Order SO ORDERED, re #120 MOTION for Pro Hac Vice Appearance of Attorney Anjali Deshmukh filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 8/14/2019. (fms)
August 14, 2019 Filing 120 MOTION for Pro Hac Vice Appearance of Attorney Anjali Deshmukh - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certification for Anjali Deshmukh)(Silver, Daniel)
August 13, 2019 Filing 119 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Second Supplemental Responses to Plaintiffs' First, Second & Third Set of Interrogatories (Nos. 1-14) filed by Gilead Sciences, Inc..(Blumenfeld, Jack)
August 13, 2019 Filing 118 NOTICE OF SERVICE of Plaintiffs First Supplemental Response to Defendants First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-12) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
August 9, 2019 Filing 117 [SEALED] DECLARATION re #116 Answering Brief in Opposition, of Lindsey E. Miller by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Exhibit 1-14, #2 Certificate of Service)(Silver, Daniel)
August 9, 2019 Filing 116 [SEALED] ANSWERING BRIEF in Opposition re #103 MOTION for Judgment on the Pleadings filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Word Count Certification, #2 Certificate of Service)(Silver, Daniel)
August 9, 2019 Filing 115 Letter to The Honorable Colm F. Connolly from Daniel M. Silver, Esq. regarding Responsive Letter - re #114 Letter. (Silver, Daniel)
August 9, 2019 Filing 114 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding request for referral to a Magistrate Judge. (Tigan, Jeremy)
August 7, 2019 Filing 113 NOTICE OF SERVICE of Plaintiff's Objections and Responses to Gilead's 30(b)(6) Topics filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
August 6, 2019 Opinion or Order SO ORDERED, re #112 MOTION for Pro Hac Vice Appearance of Attorney Nevin M. Gewertz and Meg E. Fasulo filed by Gilead Sciences, Inc. Signed by Judge Colm F. Connolly on 8/6/2019. (fms)
July 31, 2019 Filing 112 MOTION for Pro Hac Vice Appearance of Attorney Nevin M. Gewertz and Meg E. Fasulo - filed by Gilead Sciences, Inc.. (Tigan, Jeremy)
July 31, 2019 Opinion or Order Filing 111 ORDER Setting Mediation Conference: A Telephone Conference is set for 2/24/2020 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 7/31/2019. (dlb)
July 23, 2019 Filing 110 First NOTICE of Deposition Pursuant to Rule 30(b)(6) by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited (Silver, Daniel)
July 23, 2019 Filing 109 NOTICE to Take Deposition of ViiV Healthcare Company, Shionogi & Co., Ltd., and ViiV Healthcare UK (No. 3) Limited on August 28, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
July 22, 2019 Filing 108 NOTICE to Take Deposition of Tamio Fujiwara on Date Mutually Agreed Upon filed by Gilead Sciences, Inc..(Tigan, Jeremy)
July 19, 2019 Filing 107 NOTICE of Subpoena to Kendra Hightower by Gilead Sciences, Inc. (Tigan, Jeremy)
July 18, 2019 Filing 106 NOTICE OF SERVICE of Plaintiffs First Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
July 17, 2019 Opinion or Order SO ORDERED, re #105 STIPULATION TO EXTEND TIME the Deadline for Counsel to File Answering and Reply Briefs regarding Motion for Judgment on the Pleadings to See Stip for Details filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Set Briefing Schedule: re #103 MOTION for Judgment on the Pleadings . (Answering Brief due 8/9/2019., Reply Brief due 8/23/2019.). Signed by Judge Colm F. Connolly on 7/17/2019. (fms)
July 17, 2019 Filing 105 STIPULATION TO EXTEND TIME the Deadline for Counsel to File Answering and Reply Briefs regarding Motion for Judgment on the Pleadings to See Stip for Details - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
July 16, 2019 CORRECTING ENTRY: The pdfs of D.I. #103 and D.I. #104 have been replaced with corrected versions per request of filer. (nmf)
July 12, 2019 Filing 104 OPENING BRIEF in Support re #103 MOTION for Judgment on the Pleadings filed by Gilead Sciences, Inc..Answering Brief/Response due date per Local Rules is 7/26/2019. (Tigan, Jeremy) (Main Document 104 replaced on 7/16/2019) (nmf, ).
July 12, 2019 Filing 103 MOTION for Judgment on the Pleadings - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) (Main Document 103 replaced on 7/16/2019) (nmf, ).
June 20, 2019 Pro Hac Vice Attorney Julianne M. Thomsen for Shionogi & Co., Ltd., for ViiV Healthcare Company, for ViiV Healthcare UK (No. 3) Limited 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)
June 19, 2019 Filing 102 NOTICE to Take Deposition of Xiaowu Chen on 8/7/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 101 NOTICE to Take Deposition of Scott Lazerwith on 9/4/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 100 NOTICE to Take Deposition of Robert Bridges on 9/4/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 99 NOTICE to Take Deposition of Mary J. Edwards on 8/9/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 98 NOTICE to Take Deposition of Manoj Desai on 8/7/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 97 NOTICE to Take Deposition of Kirsten White on 8/15/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 96 NOTICE to Take Deposition of Kim Lindstrom on 8/9/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 95 NOTICE to Take Deposition of James Porter on 9/6/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 94 NOTICE to Take Deposition of Hyung-Jung ("Peter") Pyun on 8/13/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 93 NOTICE to Take Deposition of Haolun Jin on 9/6/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 92 NOTICE to Take Deposition of Diana Brainard on 8/28/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 91 NOTICE to Take Deposition of Carrie McMahon on 8/6/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Filing 90 NOTICE OF SERVICE of Subpoenas filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 19, 2019 Opinion or Order SO ORDERED, re #89 MOTION for Pro Hac Vice Appearance of Attorney Julianne M. Thomsen filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 6/19/2019. (fms)
June 18, 2019 Filing 89 MOTION for Pro Hac Vice Appearance of Attorney Julianne M. Thomsen - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certification for Julianne M. Thomsen)(Silver, Daniel)
June 14, 2019 Filing 88 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s First Supplemental Responses to Plaintiffs' First, Second & Third Sets of Interrogatories (Nos. 1-14) filed by Gilead Sciences, Inc..(Tigan, Jeremy)
May 28, 2019 Opinion or Order Filing 87 AMENDED SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Amended Pleadings due by 8/5/2019. Fact Discovery completed by 10/4/2019. Expert Discovery due by 4/17/2020. Dispositive Motions due by 5/26/2020. Proposed Pretrial Order due by 9/2/2020. A Final Pretrial Conference is set for 9/8/2020 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 9/21/2020 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 5/23/2019. (nmf)
May 22, 2019 Filing 86 Amended PROPOSED ORDER Scheduling Order Pursuant to May 16, 2019 Telephonic Status Conference re Scheduling Conference, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
May 17, 2019 Filing 85 NOTICE OF SERVICE of Plaintiffs Response to Gilead Sciences, Inc.s Fourth Set of Interrogatories (Nos. 10-12) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
May 16, 2019 Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 5/16/2019. (Court Reporter V. Gunning.) Counsel shall file with the Court, no later than the close of business on Wednesday, May 22, 2019, a revised proposed scheduling order using the Judge's revised patent scheduling order form as updated on April 22, 2019. (nmf)
May 13, 2019 Opinion or Order Filing 84 ORDER regarding Claim Construction re #83 Letter, #82 Letter. Signed by Judge Colm F. Connolly on 5/13/2019. (fms)
May 10, 2019 Filing 83 Letter to The Honorable Colm F. Connolly from Daniel M. Silver, Esq. regarding Claim Construction - re #80 Order,. (Silver, Daniel)
May 10, 2019 Filing 82 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding the Court's claim-construction proposal. (Tigan, Jeremy)
May 8, 2019 Opinion or Order Filing 81 Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 5/16/2019 at 09:30 AM before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 5/8/2019. (nmf)
May 6, 2019 Opinion or Order Filing 80 ORDER, IT IS HEREBY ORDERED, on this Sixth day of May in 2019, that the parties are invited to submit by no later than 4:30 p.m. on May 10, 2019 letters that address the Court's contemplated claim construction. The letters shall be in 14-point font and no longer than 1,250 words. Signed by Judge Colm F. Connolly on 5/6/2019. (nmf)
April 24, 2019 Filing 79 STIPULATION and [Proposed] Order to Amend the Scheduling Order by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
April 17, 2019 Filing 78 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Fourth Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [Nos. 10-12] filed by Gilead Sciences, Inc..(Tigan, Jeremy)
April 10, 2019 Opinion or Order SO ORDERED, re #77 STIPULATION TO EXTEND TIME the deadline for the parties to substantially complete document production to April 25, 2019 filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 4/10/2019. (nmf)
April 9, 2019 Filing 77 STIPULATION TO EXTEND TIME the deadline for the parties to substantially complete document production to April 25, 2019 - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
March 20, 2019 Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 3/20/2019. (Court Reporter V. Gunning.) (nmf)
March 12, 2019 Pro Hac Vice Attorney Thomas J. Derbish for Shionogi & Co., Ltd.,ViiV Healthcare Company, and ViiV Healthcare UK (No. 3) Limited 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. (ddp)
March 12, 2019 Opinion or Order SO ORDERED, re #76 MOTION for Pro Hac Vice Appearance of Attorney Thomas J. Derbish filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 3/12/2019. (fms)
March 11, 2019 Filing 76 MOTION for Pro Hac Vice Appearance of Attorney Thomas J. Derbish - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certification for Thomas J. Derbish)(Silver, Daniel)
March 11, 2019 Filing 75 NOTICE OF SERVICE of Plaintiffs Second Supplemental Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
February 27, 2019 Filing 74 REDACTED VERSION of #72 Appendix, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Appendix Part II)(Silver, Daniel)
February 27, 2019 Filing 73 REDACTED VERSION of #71 Claim Construction Opening Brief by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
February 20, 2019 Filing 72 [SEALED] Joint APPENDIX re #71 Claim Construction Opening Brief by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Exhibits P1 - P7, #2 Exhibits D3 - D14, #3 Exhibits D15 - D27)(Silver, Daniel)
February 20, 2019 Filing 71 [SEALED] Joint CLAIM CONSTRUCTION OPENING BRIEF filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
February 14, 2019 Filing 70 NOTICE OF SERVICE of Gilead Sciences, Inc.'s Sur-Reply Claim Construction Brief filed by Gilead Sciences, Inc..(Tigan, Jeremy)
February 7, 2019 Filing 69 NOTICE OF SERVICE of Plaintiffs' Reply Claim Construction Brief filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
January 24, 2019 Filing 68 NOTICE OF SERVICE of Gilead Sciences, Inc.'s Answering Claim Brief filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 18, 2019 Filing 67 NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' First Set of Requests for Admission (Nos. 1-2), (2) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 64-66), and (3) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Third Set of Interrogatories (No. 14) filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 66 NOTICE of Subpoenas (Joseph Reisman, Ph.D. and William Zimmerman) by Gilead Sciences, Inc. (Attachments: #1 Exhibits 1-2)(Tigan, Jeremy)
January 14, 2019 Filing 65 NOTICE to Take Deposition of Neil Wilkinson on May 24, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 64 NOTICE to Take Deposition of Hiroshi Yoshida on May 23, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 63 NOTICE to Take Deposition of Yoshiyuki Taoda on May 23, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 62 NOTICE to Take Deposition of Takashi Kawasuji on May 20, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 61 NOTICE to Take Deposition of Teruhiko Taishi on May 20, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 60 NOTICE to Take Deposition of Brian Johns on May 16, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 59 NOTICE to Take Deposition of Marlon Pittman on May 16, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 58 NOTICE to Take Deposition of Scott Young on May 13, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 14, 2019 Filing 57 NOTICE to Take Deposition of Warren Cheek on May 13, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy)
January 8, 2019 Filing 56 NOTICE OF SERVICE of Plaintiffs' Opening Claim Construction Brief filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
January 7, 2019 Filing 55 NOTICE of Appearance by Alexandra M. Joyce on behalf of Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited (Joyce, Alexandra)
January 7, 2019 Opinion or Order SO ORDERED, re #54 MOTION for Pro Hac Vice Appearance of Attorney Nao Takada filed by Gilead Sciences, Inc. Signed by Judge Colm F. Connolly on 1/7/2019. (fms)
January 7, 2019 Filing 54 MOTION for Pro Hac Vice Appearance of Attorney Nao Takada - filed by Gilead Sciences, Inc.. (Tigan, Jeremy)
January 7, 2019 Pro Hac Vice Attorney Laurie N. Stempler for ViiV Healthcare Company and ViiV Healthcare UK (No. 3) Limited 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 4, 2019 Opinion or Order SO ORDERED, re #53 MOTION for Pro Hac Vice Appearance of Attorney Laurie Stempler filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 1/4/2019. (fms)
January 3, 2019 Filing 53 MOTION for Pro Hac Vice Appearance of Attorney Laurie Stempler - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certification for Laurie Stempler)(Silver, Daniel)
January 3, 2019 Filing 52 NOTICE requesting Clerk to remove Michael P. Stadnick as co-counsel.. (Silver, Daniel)
December 19, 2018 Filing 51 NOTICE OF SERVICE of (1) Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limiteds First Set of Requests for Admission to Defendant Gilead Sciences, Inc. (Nos. 1-9); (2) Plaintiffs Second Set of Requests to Gilead Sciences, Inc. for the Production of Documents and Things (Nos. 64-66); and (3) Plaintiffs Third Set of Interrogatories to Gilead Sciences, Inc. (No. 14) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
December 19, 2018 Pro Hac Vice Attorney Todd L. Krause for Shionogi & Co., Ltd.,Todd L. Krause for ViiV Healthcare Company,Todd L. Krause for ViiV Healthcare UK (No. 3) Limited 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. (ddp)
December 18, 2018 Opinion or Order SO ORDERED, re #50 MOTION for Pro Hac Vice Appearance of Attorney Todd L. Krause, PhD filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 12/18/2018. (fms)
December 17, 2018 Filing 50 MOTION for Pro Hac Vice Appearance of Attorney Todd L. Krause, PhD - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice)(Silver, Daniel)
December 13, 2018 Filing 49 CLAIM Construction Chart by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1 & 2, #4 Exhibit 3)(Silver, Daniel)
November 26, 2018 Filing 48 NOTICE OF SERVICE of Plaintiffs Response to Gilead Sciences, Inc.s Third Set of Interrogatories (No. 9) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
November 15, 2018 Filing 47 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Claim Terms for Construction filed by Gilead Sciences, Inc..(Tigan, Jeremy)
November 15, 2018 Filing 46 NOTICE OF SERVICE of Plaintiffs Proposed Claim Terms for Construction filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
November 5, 2018 Filing 45 NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Second Set of Interrogatories (Nos. 11-13); and (2) Defendant Gilead Sciences, Inc.'s First Supplemental Initial Disclosures filed by Gilead Sciences, Inc..(Tigan, Jeremy)
November 2, 2018 Opinion or Order ORAL ORDER re #44 Scheduling Order, Whereas the Court issued a revised scheduling order today (D.I. #44 ), the Court directs the parties' attention to the revisions concerning (a) the deadlines for providing courtesy copies of letters in discovery disputes (paragraph 5), (b) separate text searchable pdfs (paragraph 8), (c) courtesy copies of letters (paragraph 7), and (d) summary judgment motion requirements (paragraph 13). Ordered by Judge Colm F. Connolly on 11/2/2018. (nmf)
November 2, 2018 Opinion or Order Filing 44 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/21/2019. Amended Pleadings due by 5/31/2019. Discovery due by 2/13/2020. Fact Discovery completed by 8/1/2019. Dispositive Motions due by 3/20/2020. An Oral Argument is set for 5/22/2020 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly. Joint Claim Construction Brief due by 2/20/2019. A Markman Hearing is set for 3/20/2019 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 9/8/2020 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 9/21/2020 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 11/2/2018. (nmf)
October 31, 2018 Opinion or Order ORAL ORDER, It is ordered that the parties shall submit a Word Version of D.I. #40 Proposed Scheduling Order to the Court via the Court's civil email address: cfc_civil@ded.uscourts.gov. Ordered by Judge Colm F. Connolly on 10/31/2018. (nmf)
October 25, 2018 Filing 43 NOTICE OF SERVICE of Defendant Gilead Science's Third Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [No. 9] filed by Gilead Sciences, Inc..(Tigan, Jeremy)
October 25, 2018 Filing 42 NOTICE OF SERVICE of Gilead's Initial Invalidity Contentions filed by Gilead Sciences, Inc..(Tigan, Jeremy)
October 15, 2018 Filing 41 NOTICE of Change to Firm Name by Gilead Sciences, Inc. (Tigan, Jeremy)
October 11, 2018 Filing 40 PROPOSED ORDER Scheduling by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
October 5, 2018 Filing 39 NOTICE OF SERVICE of (1) Non-Party Wenderoth, Lind, & Ponack, L.L.P.s First Amended Objections and Responses to Gilead Sciences, Inc.s Subpoena to Produce Documents, Information, or Objects; (2) Letter from Kyle G. Petrie to Tulsi E. Gaonkar regarding Subpoena Response; and (3) Plaintiffs Second Set of Interrogatories to Gilead Sciences, Inc. (Nos. 11-13) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
October 2, 2018 Minute Entry for proceedings held before Judge Colm F. Connolly - Telephonic Scheduling Conference held on 10/2/2018. (Court Reporter V. Gunning.) Counsel to submit the final proposed revised scheduling order to the Court. (nmf)
September 27, 2018 Filing 38 NOTICE OF SERVICE of (1) Plaintiffs Response to Gilead Sciences, Inc.s Second Set of Interrogatories (No. 8); (2) Plaintiffs Response to Gilead Sciences, Inc.s Second Set of Requests for Admission (Nos. 4-5); and (3) Plaintiffs Response to Gilead Sciences, Inc.s Second Set of Requests for Production of Documents and Things (Nos. 91-95) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 21, 2018 Filing 37 NOTICE OF SERVICE of (1) Plaintiffs Initial Claim Chart and (2) Plaintiffs First Supplemental Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
September 19, 2018 Opinion or Order Filing 36 Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 10/2/2018 at 09:00 AM before Judge Colm F. Connolly. Counsel for plaintiffs shall coordinate and initiate the call to chambers. Signed by Judge Colm F. Connolly on 9/19/2018. (nmf)
September 12, 2018 Filing 35 Joint STATUS REPORT by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
September 10, 2018 Opinion or Order ORAL ORDER by Judge Colm F. Connolly on 9/10/2018: In light of the reassignment of this case, the Court HEREBY ORDERS that the prior referral to Magistrate Judge Christopher J. Burke is withdrawn, with the exception that any referral to Judge Burke for ADR shall remain in place. (nmf)
August 31, 2018 Opinion or Order 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)
August 31, 2018 Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
August 28, 2018 Filing 34 NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Second Set of Requests for the Production of Documents and Things to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited Nos. 91-95; (2) Defendant Gilead Sciences, Inc.'s Second Set of Requests for Admission to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [Nos. 4-5] and (3) Defendant Gilead Sciences, Inc.'s Second Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [No. 8] filed by Gilead Sciences, Inc..(Tigan, Jeremy)
August 28, 2018 Filing 33 NOTICE of Subpoena (Wenderoth, Lind, & Ponack, L.L.P.) by Gilead Sciences, Inc. (Tigan, Jeremy)
August 7, 2018 Opinion or Order SO ORDERED D.I. #32 Protective Order filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Ordered by Judge Christopher J. Burke on 8/7/2018. (dlb)
August 7, 2018 Filing 32 PROPOSED ORDER Protective Order by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
August 6, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Telephone Conference held on 8/6/2018 regarding protective order dispute (D.I. 26). The Court granted Plaintiffs' proposal and ordered that Plaintiffs' counsel shall submit a revised proposed Protective Order including that language by August 7, 2018. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Smith, L. Miller, M. Jenks, M. Stadnick for Plaintiffs; J. Tigan, M. Ford, R. Horwitz for Defendant. (mlc)
August 2, 2018 Filing 31 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Gilead's response regarding protective order issue - re #28 Letter, Oral Order,,,,,,. (Attachments: #1 Exhibits A-E)(Tigan, Jeremy)
August 2, 2018 Filing 30 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Responsive Letter re Protective Order Dispute - re Oral Order,,,,,,. (Silver, Daniel)
July 31, 2018 Filing 29 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding protective order dispute - re Oral Order,,,,,,. (Attachments: #1 Exhibit 1 (Proposed Protective Order))(Tigan, Jeremy)
July 31, 2018 Filing 28 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Plaintiff's position regarding the Proposed Protective Order. (Attachments: #1 Authorities Cited in Letter)(Silver, Daniel)
July 30, 2018 Opinion or Order Filing 27 ORDER Setting Mediation Conference: A Telephone Conference is set for 8/20/2018 at 11:30 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 7/30/2018. (dlb)
July 25, 2018 Filing 26 Joint MOTION for Protective Order Joint Motion for Teleconference to Resolve Protective Order Dispute - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. Motions referred to Christopher J. Burke.(Silver, Daniel)
July 25, 2018 Opinion or Order ORAL ORDER: The Court has reviewed the parties July 23, 2018 letter regarding a protective order dispute. (D.I. #25 ) It hereby ORDERS that the procedures for resolving a protective order dispute set out in in paragraph 8(g) of the Scheduling Order, (D.I. 15), will be followed with regard to this dispute. To that end: (1) The parties shall file a "Joint Motion for Teleconference to Resolve Protective Order Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A protective order dispute teleconference will be held on Monday, August 6, 2018 at 3:00pm, with Plaintiffs counsel to initiate the call; (3) Not less than ninety-six (96) hours prior to the teleconference, excluding weekends and holidays, each party shall file with the Court a letter, not to exceed two (2) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues, and including the partys proposal as to how the content of the disputed portion(s) of the protective order should read. Not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, each party may file a letter, not to exceed two (2) pages, in no less than 12-point font, outlining that partys response to the opposing partys initial letter.; and (4) Two courtesy copies of the letters are to be hand delivered to the Clerks Office within one hour of e-filing.. Ordered by Judge Christopher J. Burke on 7/25/2018. (mlc)
July 23, 2018 Filing 25 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling of a Teleconference to Resolve a Protective Order Dispute. (Silver, Daniel)
July 23, 2018 Filing 24 NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-10); and (2) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-63) filed by Gilead Sciences, Inc..(Tigan, Jeremy)
July 19, 2018 Opinion or Order SO ORDERED D.I. #23 STIPULATION TO EXTEND TIME by which the parties shall file a proposed protective order to July 25, 2018 filed by Gilead Sciences, Inc. Ordered by Judge Christopher J. Burke on 7/19/2018. (dlb)
July 18, 2018 Filing 23 STIPULATION TO EXTEND TIME by which the parties shall file a proposed protective order to July 25, 2018 - filed by Gilead Sciences, Inc.. (Tigan, Jeremy)
July 12, 2018 Opinion or Order SO ORDERED D.I. #22 STIPULATION TO EXTEND TIME for the parties to file a proposed protective order to July 18, 2018 filed by Gilead Sciences, Inc.. Ordered by Judge Christopher J. Burke on 7/12/2018. (mlc)
July 10, 2018 Filing 22 STIPULATION TO EXTEND TIME for the parties to file a proposed protective order to July 18, 2018 - filed by Gilead Sciences, Inc.. (Tigan, Jeremy)
July 5, 2018 Filing 21 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Disclosures Pursuant to Paragraph 1 of the Scheduling Order filed by Gilead Sciences, Inc..(Tigan, Jeremy)
July 5, 2018 Filing 20 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 25, 2018 Filing 19 NOTICE OF SERVICE of (1) Plaintiffs Response to Gilead Sciences, Inc.s First Set of Requests for Admission (Nos. 1-3); (2) Plaintiffs Response to Gilead Sciences, Inc.s First Set of Requests for Production of Documents and Things (Nos. 1-90); and (3) Plaintiffs Response to Gilead Sciences, Inc.s First Set of Interrogatories (Nos. 1-7) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 22, 2018 Filing 18 NOTICE OF SERVICE of (1) Plaintiffs First Set of Requests to Gilead Sciences, Inc. for the Production of Documents and Things (Nos. 1-63); and (2) Plaintiffs First Set of Interrogatories to Gilead Sciences, Inc. (Nos. 1-10) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 21, 2018 Filing 17 NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Initial Disclosures filed by Gilead Sciences, Inc..(Tigan, Jeremy)
June 21, 2018 Filing 16 NOTICE OF SERVICE of (1) Plaintiffs Initial Disclosures of Accused Products, Damages Models, and Asserted Patents; and (2) Plaintiffs Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel)
June 11, 2018 CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb)
June 11, 2018 Opinion or Order Filing 15 SCHEDULING ORDER: Joinder of Parties due by 2/21/2019. Discovery due by 2/13/2020. Status Report due by 6/20/2019. Dispositive Motions due by 2/20/2020. A Motion Hearing is set for 5/22/2020 at 01:00 PM before Vacant Judgeship (2017) Claim Construction Opening Brief due by 1/17/2019. A Markman Hearing is set for 3/20/2019 at 11:00 AM before Vacant Judgeship (2017). A Pretrial Conference is set for 7/15/2020 at 11:00 AM before Vacant Judgeship (2017). A Jury Trial is set for 8/4/2020 at 09:30 AM before Vacant Judgeship (2017).. Signed by Judge Christopher J. Burke on 6/11/2018. (mlc)
June 8, 2018 Filing 14 PROPOSED ORDER Scheduling by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel)
June 7, 2018 Pro Hac Vice Attorney Matthew R. Ford,Tulsi E. Gaonkar,Rebecca T. Horwitz,J. Scott McBride,Adam K. Mortara,Mark S. Ouweleen for Gilead Sciences, 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. (fms)
June 6, 2018 Opinion or Order SO ORDERED D.I. #11 MOTION for Pro Hac Vice Appearance of Attorney Adam K. Mortara, J. Scott McBride, Mark S. Ouweleen, Matthew R. Ford, Tulsi E. Gaonkar, and Rebecca T. Horwitz filed by Gilead Sciences, Inc.. Ordered by Judge Christopher J. Burke on 6/6/2018. (dlb)
June 4, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 6/4/2018. The Court resolved the parties disputes and gave key dates. Counsel for Plaintiffs shall submit a revised proposed scheduling order by 6/8/2018. (Clerk, D. Benyo) Appearances: D. Silver, J. Desmarais, M. Stadnick, L. Miller for Plaintiffs; J. Blumenfeld, A. Moritara, M. Ford, T. Gaonkar for Defendant. (Court Reporter Taneha Carroll (Hawkins Reporting)) (dlb)
May 25, 2018 Filing 13 NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s First Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Heathcare UK (No. 3) Limited [Nos. 1-7]; (2) Defendant Gilead Sciences, Inc.'s First Set of Requests for Admission to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Heathcare UK (No. 3) Limited [Nos. 1-3]; and (3) Defendant Gilead Sciences, Inc.'s First Set of Requests for the Production of Documents and Things to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Heathcare UK (No. 3) Limited [Nos. 1-90] filed by Gilead Sciences, Inc..(Tigan, Jeremy)
May 22, 2018 Opinion or Order Oral Order Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 6/4/2018 at 03:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 5/22/2018. (dlb)
May 17, 2018 Filing 12 PROPOSED ORDER - Scheduling Order re Oral Order,,,,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding Case Scheduling Order and Case Management Checklist, #2 Case Management Checklist)(Silver, Daniel)
April 17, 2018 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burkes Case Management Checklist (Checklist). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (I) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order consistent with Judge Burkes Rule 16 Scheduling Order Patent; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Rule 16 Scheduling Order Patent can be found on this Court's website (http://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). Ordered by Judge Christopher J. Burke on 4/17/2018. (dlb)
April 16, 2018 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Adam K. Mortara, J. Scott McBride, Mark S. Ouweleen, Matthew R. Ford, Tulsi E. Gaonkar, and Rebecca T. Horwitz - filed by Gilead Sciences, Inc.. Motions referred to Christopher J. Burke.(Blumenfeld, Jack)
April 16, 2018 Filing 10 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Gilead Sciences, Inc.. (Blumenfeld, Jack)
April 16, 2018 Filing 9 ANSWER to #1 Complaint, with Jury Demand by Gilead Sciences, Inc..(Blumenfeld, Jack)
March 19, 2018 Pro Hac Vice Attorney John M. Desmarais for ViiV Healthcare Company 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)
March 9, 2018 Pro Hac Vice Attorney Michael D. Jenks,Justin Wilcox, PhD for Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited 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)
March 9, 2018 Pro Hac Vice Attorney Kyle G. Petrie for ViiV Healthcare Company 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)
March 8, 2018 Pro Hac Vice Attorney Lindsey E. Miller for Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited 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)
March 8, 2018 Pro Hac Vice Attorney Michael P. Stadnick for ViiV Healthcare Company 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)
March 6, 2018 Opinion or Order SO ORDERED D.I. #7 MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Ordered by Judge Christopher J. Burke on 3/6/2018. (dlb)
February 21, 2018 Opinion or Order SO ORDERED D.I. #8 STIPULATION TO EXTEND TIME for defendant to answer, move, or otherwise respond to the Complaint to April 16, 2018 filed by Gilead Sciences, Inc. Ordered by Judge Christopher J. Burke on 2/21/2018. (dlb)
February 20, 2018 Filing 8 STIPULATION TO EXTEND TIME for defendant to answer, move, or otherwise respond to the Complaint to April 16, 2018 - filed by Gilead Sciences, Inc.. (Blumenfeld, Jack)
February 16, 2018 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Certifications for John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie)Motions referred to Christopher J. Burke.(Silver, Daniel)
February 14, 2018 REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then 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 considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb)
February 14, 2018 REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb)
February 14, 2018 CASE REFERRED to Magistrate Judge Christopher J. Burke. (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.) (nms)
February 14, 2018 Case Assigned to Vacant Judgeship (2017). Please include the initials of the Judge (VAC) after the case number on all documents filed. (nms)
February 8, 2018 Filing 6 Return of Service Executed by ViiV Healthcare Company, Shionogi & Co., Ltd., ViiV Healthcare UK (No. 3) Limited. Gilead Sciences, Inc. served on 2/8/2018, answer due 3/1/2018. (Silver, Daniel)
February 8, 2018 Summons Issued with Magistrate Consent Notice attached as to Gilead Sciences, Inc. on 2/8/2018. 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)
February 7, 2018 Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Shionogi & Co., Ltd. (crb)
February 7, 2018 Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc., Corporate Parent GlaxoSmithKline plc, Corporate Parent Shionogi Limited, Corporate Parent Shionogi & Co., Ltd. for ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited filed by ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (crb)
February 7, 2018 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,129,385. (crb)
February 7, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (crb)
February 7, 2018 Filing 1 COMPLAINT filed with Jury Demand against Gilead Sciences, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2318108.) - filed by ViiV Healthcare Company, Shionogi & Co., Ltd., ViiV Healthcare UK (No. 3) Limited. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(crb)

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Search for this case: ViiV Healthcare Company et al v. Gilead Sciences, Inc.
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Plaintiff: ViiV Healthcare UK (No. 3) Limited
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
Represented By: Justin Wilcox, PhD
Represented By: Lindsey E. Miller
Represented By: Michael D. Jenks
Represented By: Laurie N. Stempler
Represented By: Alexandra M. Joyce
Represented By: Todd L. Krause
Represented By: Thomas J. Derbish
Represented By: Julianne M. Thomsen
Represented By: Alyssa Monsen
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Plaintiff: Shionogi & Co., Ltd.
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
Represented By: Justin Wilcox, PhD
Represented By: Lindsey E. Miller
Represented By: Michael D. Jenks
Represented By: Alexandra M. Joyce
Represented By: Todd L. Krause
Represented By: Thomas J. Derbish
Represented By: Julianne M. Thomsen
Represented By: Alyssa Monsen
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Plaintiff: ViiV Healthcare Company
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
Represented By: Justin Wilcox, PhD
Represented By: Michael P. Stadnick
Represented By: Lindsey E. Miller
Represented By: Kyle G. Petrie
Represented By: Michael D. Jenks
Represented By: John M. Desmarais
Represented By: Laurie N. Stempler
Represented By: Alexandra M. Joyce
Represented By: Todd L. Krause
Represented By: Thomas J. Derbish
Represented By: Julianne M. Thomsen
Represented By: Alyssa Monsen
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Defendant: Gilead Sciences, Inc.
Represented By: Jack B. Blumenfeld
Represented By: Adam K. Mortara
Represented By: Matthew R. Ford
Represented By: Rebecca T. Horwitz
Represented By: Tulsi E. Gaonkar
Represented By: Mark S. Ouweleen
Represented By: Jeremy A. Tigan
Represented By: J. Scott McBride
Represented By: Nevin M. Gewertz
Represented By: Meg Fasulo
Represented By: Madeline Lansky
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