Novartis Pharmaceuticals Corporation v. Apotex Inc., et al.
Plaintiff: Novartis Pharmaceuticals Corporation
Defendant: Apotex Corp. and Apotex Inc.
Case Number: 1:2018cv01038
Filed: July 13, 2018
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. § 1
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2018 Opinion or Order Filing 26 ORDER re #24 MOTION for Leave to File a Sur-Reply In Support of Its Opposition to Apotex Inc. and Apotex Corp.'s Motion for a Stay filed by Novartis Pharmaceuticals Corporation. Signed by Judge Leonard P. Stark on 9/7/18. (ntl)
September 7, 2018 Filing 25 MOTION for Leave to File Sur-Sur-Reply (Unopposed) - filed by Apotex Corp., Apotex Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Sur-Sur-Reply Brief in Support of Motion to Stay)(Palapura, Bindu)
September 6, 2018 Filing 24 MOTION for Leave to File a Sur-Reply In Support of Its Opposition to Apotex Inc. and Apotex Corp.'s Motion for a Stay - filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Novartis [Proposed] Sur-Reply In Support of Its Opposition to Apotex Inc. and Apotex Corp.'s Motion for a Stay, #2 Declaration of Robert W. Trenchard In Support of Novartis' Sur-Reply In Support of Its Opposition to Apotex Inc. and Apotex Corp.'s Motion for a Stay, #3 Text of Proposed Order)(Silver, Daniel)
September 6, 2018 Opinion or Order Filing 23 ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the motion to stay (D.I. 11) on November 19, 2018 beginning at 4:00 p.m. in Courtroom 6B. Each side will be allocated up to 30 minutes to present its argument. ORDERED by Judge Leonard P. Stark on 9/6/18. (ntl)
September 5, 2018 Filing 22 REQUEST for Oral Argument by Novartis Pharmaceuticals Corporation re #11 MOTION to Stay Proceedings Pending The Appeal Of An IPR Decision On The Sole Patent In Suit. (Silver, Daniel)
September 4, 2018 Filing 21 NOTICE OF SERVICE of (1) Plaintiff's First Set of Requests for the Production of Documents and Things to Apotex Inc., and Apotex Corp.; and (2) Plaintiff's First Set of Interrogatories to Apotex Inc. and Apotex Corp. filed by Novartis Pharmaceuticals Corporation.(Silver, Daniel)
September 4, 2018 Filing 20 NOTICE OF SERVICE of (1) Plaintiff's First Set of Common Requests for the Production of Documents and Things to All Defendants; and (2) Plaintiff's First Set of Common Interrogatories to All Defendants filed by Novartis Pharmaceuticals Corporation.(Silver, Daniel)
September 4, 2018 Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Tung-On Kong, Dennis D. Gregory, Mary Procaccio-Flowers, and Diyang Liu of Wilson Sonsini Goodrich & Rosati - filed by Apotex Corp., Apotex Inc.. (Palapura, Bindu)
August 31, 2018 Filing 18 NOTICE OF SERVICE of (1) Plaintiffs' Initial Disclosures of Accused Products and Asserted Patents; and (2) The File History for the Asserted Patent filed by Novartis Pharmaceuticals Corporation.(Silver, Daniel)
August 29, 2018 Filing 17 REPLY BRIEF re #11 MOTION to Stay Proceedings Pending The Appeal Of An IPR Decision On The Sole Patent In Suit filed by Apotex Corp., Apotex Inc.. (Attachments: #1 Exhibit A-C)(Palapura, Bindu)
August 29, 2018 Filing 16 ANSWER to #9 Answer to Complaint, Counterclaim by Novartis Pharmaceuticals Corporation.(Silver, Daniel)
August 27, 2018 Filing 15 PROPOSED ORDER Proposed Scheduling Order by Novartis Pharmaceuticals Corporation. (Attachments: #1 Letter to the Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Proposed Scheduling Order)(Silver, Daniel)
August 22, 2018 Filing 14 DECLARATION re #13 Answering Brief in Opposition, Of Robert W. Trenchard by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1-4)(Silver, Daniel)
August 22, 2018 Filing 13 ANSWERING BRIEF in Opposition re #11 MOTION to Stay Proceedings Pending The Appeal Of An IPR Decision On The Sole Patent In Suit filed by Novartis Pharmaceuticals Corporation.Reply Brief due date per Local Rules is 8/29/2018. (Silver, Daniel)
August 8, 2018 Filing 12 OPENING BRIEF in Support re #11 MOTION to Stay Proceedings Pending The Appeal Of An IPR Decision On The Sole Patent In Suit filed by Apotex Corp., Apotex Inc..Answering Brief/Response due date per Local Rules is 8/22/2018. (Moore, David)
August 8, 2018 Filing 11 MOTION to Stay Proceedings Pending The Appeal Of An IPR Decision On The Sole Patent In Suit - filed by Apotex Corp., Apotex Inc.. (Attachments: #1 Text of Proposed Order)(Moore, David)
August 8, 2018 Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Apotex Holdings, Inc. for Apotex Corp., Apotex Inc. filed by Apotex Corp., Apotex Inc.. (Moore, David)
August 8, 2018 Filing 9 ANSWER to #1 Complaint, Defenses, and, COUNTERCLAIM against Novartis Pharmaceuticals Corporation by Apotex Inc., Apotex Corp..(Moore, David)
August 8, 2018 Filing 8 DECLARATION of Mailing regarding service on Apotex Inc. made on July 18, 2018 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A-B)(Silver, Daniel)
August 7, 2018 Pro Hac Vice Attorney Robert W. Trenchard for Novartis Pharmaceuticals Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:18-cv-01038-LPS, 1:18-cv-01039-LPS, 1:18-cv-01040-LPS, 1:18-cv-01043-LPS(ceg)
July 27, 2018 Pro Hac Vice Attorney Andrew Blythe for Novartis Pharmaceuticals Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:18-cv-01038-LPS, 1:18-cv-01039-LPS, 1:18-cv-01040-LPS, 1:18-cv-01043-LPS(dmp, )
July 27, 2018 Pro Hac Vice Attorney Jane M. Love for Novartis Pharmaceuticals Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:18-cv-01038-LPS, 1:18-cv-01039-LPS, 1:18-cv-01040-LPS, 1:18-cv-01043-LPS(dmp, )
July 24, 2018 Filing 7 SUMMONS Returned Executed by Novartis Pharmaceuticals Corporation. Apotex Corp. served on 7/18/2018, answer due 8/8/2018. (Silver, Daniel)
July 24, 2018 Opinion or Order SO ORDERED, re (6 in 1:18-cv-01039-LPS, 6 in 1:18-cv-01038-LPS, 6 in 1:18-cv-01043-LPS, 6 in 1:18-cv-01040-LPS) MOTION for Pro Hac Vice Appearance of Attorney Jane M. Love, Robert Trenchard, Paul E. Torchia, and Andrew P. Blythe filed by Novartis Pharmaceuticals Corporation. Signed by Judge Leonard P. Stark on 7/24/18. Associated Cases: 1:18-cv-01038-LPS, 1:18-cv-01039-LPS, 1:18-cv-01040-LPS, 1:18-cv-01043-LPS (ntl)
July 23, 2018 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Jane M. Love, Robert Trenchard, Paul E. Torchia, and Andrew P. Blythe - filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Certifications for Jane M. Love, Robert Trenchard, Paul E. Torchia, and Andrew P. Blythe)(Silver, Daniel)
July 18, 2018 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:18-cv-01038-LPS, 1:18-cv-01039-LPS, 1:18-cv-01040-LPS, 1:18-cv-01043-LPS (rjb)
July 13, 2018 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Novartis AG for Novartis Pharmaceuticals Corporation filed by Novartis Pharmaceuticals Corporation. (rwc)
July 13, 2018 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,187,405. (rwc)
July 13, 2018 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 1/22/16. Date of Expiration of Patent: 6/25/27. (rwc)
July 13, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc)
July 13, 2018 Filing 1 COMPLAINT - filed against Apotex Corp., Apotex Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2419095.) - filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(rwc)
July 13, 2018 Summons Issued with Magistrate Consent Notice attached as to Apotex Corp. on 7/13/2018; Apotex Inc. on 7/13/2018. 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. (rwc)

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Defendant: Apotex Corp.
Represented By: David Ellis Moore
Represented By: Bindu Ann George Palapura
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Defendant: Apotex Inc.
Represented By: David Ellis Moore
Represented By: Bindu Ann George Palapura
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Plaintiff: Novartis Pharmaceuticals Corporation
Represented By: Benjamin A. Smyth
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
Represented By: Jane M. Love
Represented By: Andrew Blythe
Represented By: Robert W. Trenchard
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