Nektar Therapeutics et al v. Bayer Healthcare LLC
| Baxalta US Inc., Nektar Therapeutics and Baxalta Incorporated |
| Bayer Healthcare LLC |
| 1:2018cv01355 |
| August 31, 2018 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Patent |
| 35 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 NOTICE OF SERVICE of Initial Disclosure Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Bayer HealthCare LLC.(Smith, Rodger) |
Filing 34
CONSOLIDATION and SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/2/2019. Amended Pleadings due by 8/2/2019. Fact Discovery completed by 8/30/2019. Dispositive Motions due by 2/21/2020. A Markman Hearing on the Independent Claim terms is set for 1/10/2019, at 9:30 AM in Courtroom 6A. A Pretrial Conference on Liability is set for 4/17/2020, at 9:30 AM in Courtroom 6A. A 7 day Jury Trial concerning Liability is set to start 4/27/2020, at 9:30 AM in Courtroom 6A. A Markman Hearing on Dependent Claim terms is set for 8/20/2019, at 9:30 AM in Courtroom 6A ORDER (see Order for further details). Signed by Judge Richard G. Andrews on 12/6/2018. Associated Cases: 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(nms)
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| Filing 33 PROPOSED Consolidation and Scheduling Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 12/5/2018 (nms). |
| Filing 32 NOTICE OF SERVICE of 1) Plaintiff Nektar Therapeutics' Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) and 2) Plaintiffs Baxalta Incorporated and Baxalta US Inc.'s Initial Disclosures Under Fed. R. Civ. P. 26(a)(1) filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Pedi, Nicole) |
| Filing 31 NOTICE OF SERVICE of Bayer Healthcare LLC's Initial Disclosures, filed by Bayer HealthCare LLC.(Smith, Rodger) |
| Filing 30 ANSWER to #13 Answer to Complaint, Counterclaim by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.(Farnan, Kelly) |
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SO ORDERED, re (128 in 17-cv-1316-RGA, 29 in 18-cv-1355-RGA) STIPULATION TO EXTEND TIME for the parties to submit a proposed Scheduling Order to through and including December 4, 2018. Signed by Judge Richard G. Andrews on 12/3/2018. Associated Cases: 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(nms)
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| Filing 29 STIPULATION TO EXTEND TIME for the parties to submit a proposed Scheduling Order to through and including December 4, 2018 - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
| Filing 28 REDACTED VERSION of #23 Declaration by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1-9)(Pedi, Nicole) |
| CORRECTING ENTRY: The declaration filed at D.I. 28 has been removed from the docket as it appears to be a redacted filing. Counsel shall refile the document using the correct filing event code (Redacted document). (nms) |
| Filing 27 REDACTED VERSION of #26 Declaration of Julie Hsia, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-5)(Smith, Rodger) Modified on 11/26/2018 (nms). |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 11/20/2018. (Court Reporter Heather Triozzi.) (ksr, ) |
| Filing 26 [SEALED] DECLARATION of Julie Hsia re #25 Reply Brief, by Bayer HealthCare LLC. (Attachments: #1 Exhibits 1-5)(Smith, Rodger) Modified on 11/19/2018 (nms). |
| Filing 25 REPLY BRIEF re #17 MOTION to Consolidate filed by Bayer Healthcare LLC. (Smith, Rodger) |
| Filing 24 PROPOSED Scheduling Order, by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Letter)(Farnan, Kelly) Modified on 11/19/2018 (nms). |
| Filing 23 [SEALED] DECLARATION re #22 Answering Brief in Opposition by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Attachments: #1 Exhibit 1 - 9)(Farnan, Kelly) |
| Filing 22 ANSWERING BRIEF in Opposition re #17 MOTION to Consolidate filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics.Reply Brief due date per Local Rules is 11/23/2018. (Farnan, Kelly) |
| CORRECTING ENTRY: The pdf for D.I. 18 has been replaced per counsel's request. The number of depositions on page 7 has been corrected. The NEF for the filing has been regenerated. (nms) |
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Filing 21
ORDER: Plaintiffs shall file their response to the Motion to Consolidate no later than November 15, 2018, and Defendant shall file its reply in support of the Motion no later than November 19, 2018. Signed by Judge Richard G. Andrews on 11/8/2018. Associated Cases: 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(nms)
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| Filing 20 Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding Defendants Motion to Consolidate. (Attachments: #1 Proposed Order)(Farnan, Kelly) Modified on 11/8/2018 (nms). |
| Filing 19 Letter to The Honorable Richard G. Andrews, from Rodger D. Smith II, regarding request to expedite briefing. (Attachments: #1 Proposed Order)(Smith, Rodger) Modified on 11/8/2018 (nms). |
| Filing 18 OPENING BRIEF in Support re #17 MOTION to Consolidate, filed by Bayer Healthcare LLC.Answering Brief/Response due date per Local Rules is 11/21/2018. (Smith, Rodger) Modified on 11/8/2018 (nms). (Main Document 18 replaced on 11/9/2018) (nms). |
| Filing 17 MOTION to Consolidate - filed by Bayer HealthCare LLC. (Smith, Rodger) Modified on 11/8/2018 (nms). Modified on 11/8/2018 (nms). |
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Filing 16
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 11/20/2018, at 3:30 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 10/31/2018. (nms)
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Filing 15
STIPULATION and Order to Extend Time - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) Modified on 10/29/2018 (nms).
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SO ORDERED, re #15 STIPULATION and Order to Extend Time, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 10/29/2018. (nms)
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| Filing 14 NOTICE of Change of Attorney Name for Lauren Cranford Katzeff by Bayer HealthCare LLC (Smith, Rodger) |
| Filing 13 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics by Bayer Healthcare LLC.(Smith, Rodger) |
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Filing 12
ORAL ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 11/27/2018 at 9:00 AM Eastern Time before Judge Mary Pat Thynge as a follow up to prior teleconferences regarding mediation in 16-1122-RGA, 17-1316-RGA, and 18-1355-RGA. Should counsel feel there is nothing more to report, they may advise in a joint email to this Judge and her Judicial Administrator, Cathleen Kennedy, on or before COB Tuesday 11/20/18. Ordered by Judge Mary Pat Thynge on 10/9/18. Associated Cases: 1:17-cv-01316-RGA, 1:16-cv-01122-RGA, 1:18-cv-01355-RGA(cak)
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| Pro Hac Vice Attorney Lauren C. Cranford for Bayer Healthcare LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
| Pro Hac Vice Attorney Caroline Bercier and Bradford J. Badke for Bayer Healthcare LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
| Pro Hac Vice Attorney Sue Wang for Bayer Healthcare LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
| Pro Hac Vice Attorney Gwen Stewart and Ching-Lee Fukuda for Bayer Healthcare LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
| Filing 11 NOTICE of Appearance by Grace Lillian St. Vincent on behalf of Bayer Healthcare LLC (St. Vincent, Grace) |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Bradford J. Badke, Sona De, Kevin J. OBrien, Sue Wang, Ching-Lee Fukuda, Caroline Bercier, Saurabh Prabhakar, Gwen Hochman Stewart and Lauren C. Cranford - filed by Bayer Healthcare LLC. (Smith, Rodger) |
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Bradford J. Badke, Sona De, Kevin J. OBrien, Sue Wang, Ching-Lee Fukuda, Caroline Bercier, Saurabh Prabhakar, Gwen Hochman Stewart and Lauren C. Cranford, filed by Bayer Healthcare LLC. Signed by Judge Richard G. Andrews on 10/3/2018. (nms)
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| Pro Hac Vice Attorney Julie L. Hsia for Bayer HealthCare LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:16-cv-01122-RGA, 1:17-cv-01316-RGA, 1:18-cv-01355-RGA(ceg) |
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Julie L. Hsia, filed by Bayer HealthCare LLC, Bayer Healthcare LLC. Signed by Judge Richard G. Andrews on 9/26/2018. (nms)
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| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Julie L. Hsia - filed by Bayer Healthcare LLC. (Smith, Rodger) |
| Pro Hac Vice Attorney Edgar H Haug,Porter F. Fleming,Angus Chen,Richard Kurz for Baxalta Incorporated, Edgar H Haug,Porter F. Fleming,Angus Chen,Richard Kurz for Baxalta US Inc., Edgar H Haug,Porter F. Fleming,Angus Chen,Richard Kurz for Nektar Therapeutics 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. (dmp, ) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Edgar H. Haug, Angus Chen, Porter Fleming and Richard Kurz - filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Farnan, Kelly) |
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SO ORDERED, re #7 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint for Patent Infringement to October 22, 2018 (*Reset Answer Deadlines: Bayer Healthcare LLC answer due 10/22/2018). Signed by Judge Richard G. Andrews on 9/4/2018. (nms)
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SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Edgar H. Haug, Angus Chen, Porter Fleming and Richard Kurz, filed by Baxalta US Inc., Nektar Therapeutics, Baxalta Incorporated. Signed by Judge Richard G. Andrews on 9/14/2018. (nms)
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| Filing 7 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint for Patent Infringement to October 22, 2018 - filed by Bayer Healthcare LLC. (Smith, Rodger) |
| Filing 6 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Primecap Management Company, Corporate Parent BlackRock, Inc., Corporate Parent The Vanguard Group, Corporate Parent Fidelity Management and Research LLC for Nektar Therapeutics filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Shire PLC, Other Affiliate Baxalta US Inc. for Baxalta Incorporated filed by Baxalta Incorporated, Baxalta US Inc., Nektar Therapeutics. (Pedi, Nicole) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 4 SUMMONS Returned Executed by Nektar Therapeutics, Baxalta Incorporated, Baxalta US Inc.. Bayer Healthcare LLC served on 8/31/2018, answer due 9/21/2018. (Farnan, Kelly) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,026,440 ;7,872,072 ;8,273,833 ;8,809,453 ;9,187,569. (rwc) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Bayer Healthcare LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2451137.) - filed by Nektar Therapeutics, Baxalta Incorporated, Baxalta US Inc.. (Attachments: #1 Exhibit A-E, #2 Civil Cover Sheet)(rwc) |
| Summons Issued with Magistrate Consent Notice attached as to Bayer Healthcare LLC on 8/31/2018. 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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