Acrotech Biopharma, LLC et al v. Fresenius Kabi USA, LLC et al
Plaintiff: Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd. and Acrotech Biopharma, LLC
Defendant: Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, Inc. and Fresenius Kabi USA, LLC
Case Number: 1:2018cv01533
Filed: October 3, 2018
Court: US District Court for the District of Delaware
Presiding Judge: Colm F Connolly
Referring Judge: Sherry R Fallon
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2020 Filing 126 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,888,027 ;US 8,835,501. (Attachments: #1 Dismissal Order)(fms)
December 2, 2020 Opinion or Order Filing 125 DISMISSAL ORDER, ***Civil Case Terminated. Signed by Judge Colm F. Connolly on 12/2/2020. (fms)
November 30, 2020 Filing 124 REDACTED VERSION of #123 Stipulation of Dismissal by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
November 25, 2020 Filing 123 [SEALED] STIPULATION of Dismissal by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: #1 Certificate of Service)(Silver, Daniel)
November 5, 2020 Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 11/5/2020. (Court Reporter V. Gunning.) (nmf)
November 5, 2020 Opinion or Order ORAL ORDER: For the reasons stated during today's telephonic argument, Fresenius Kabi's Objection to the Magistrate Judges September 3, 2020 Order (D.I. 111) are OVERRULED and the Magistrate Judges order is ADOPTED. The Court will entertain an application for costs incurred by Plaintiffs in responding to the Objection. Ordered by Judge Colm F. Connolly on 11/5/2020. (nmf)
November 2, 2020 Filing 122 MOTION for Pro Hac Vice Appearance of Attorney Jason G. Harp - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian)
November 2, 2020 Opinion or Order SO ORDERED, re #121 MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Minion filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 11/2/2020. (fms)
November 2, 2020 Opinion or Order SO ORDERED, re #122 MOTION for Pro Hac Vice Appearance of Attorney Jason G. Harp filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 11/2/2020. (fms)
October 30, 2020 Filing 121 MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Minion - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: #1 Certification for Daniel J. Minion)(Silver, Daniel)
October 30, 2020 Filing 120 STIPULATION TO EXTEND TIME to EXTEND the deadline for Daubert Motions to 12/1/2020 - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian)
October 30, 2020 Opinion or Order ORAL ORDER re #111 Objections, filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd., #116 Response to Objections filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC, ORDER, Setting Hearings: A Telephonic Oral Argument is set for 11/5/2020 at 02:00 PM before Judge Colm F. Connolly. Counsel for the Defendants shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 10/30/2020. (nmf)
October 30, 2020 Opinion or Order SO ORDERED, re #120 STIPULATION TO EXTEND TIME to EXTEND the deadline for Daubert Motions to 12/1/2020 filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 10/30/2020. (nmf)
October 20, 2020 Filing 119 NOTICE OF SERVICE of Reply Expert Report of Lucas J. Tucker, Ph.D. Concerning Infringement filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
October 19, 2020 Opinion or Order SO ORDERED, re #118 STIPULATION TO EXTEND TIME the Deadline for Expert Discovery to November 24, 2020 filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC, Set/Reset Scheduling Order Deadlines: ( Expert Discovery due by 11/24/2020.). Signed by Judge Colm F. Connolly on 10/19/2020. (nmf)
October 16, 2020 Filing 118 STIPULATION TO EXTEND TIME the Deadline for Expert Discovery to November 24, 2020 - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
October 8, 2020 Filing 117 REDACTED VERSION of #116 Response to Objections by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
October 1, 2020 Filing 116 [SEALED] RESPONSE TO OBJECTIONS by Acrotech Biopharma, LLC, TopoTarget UK Ltd. re #111 Objections, . (Attachments: #1 Exhibit A-B, #2 Word Certification, #3 Certificate of Service)(Joyce, Alexandra)
September 28, 2020 Filing 115 NOTICE OF SERVICE of (i) Reply Expert Report of Jeffrey M. Besterman, Ph.D Regarding Invalidity of U.S. Patent No. 6,888,027 and (ii) Reply Expert Report of Dr. Alexander M. Klibanov filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
September 24, 2020 Filing 114 REDACTED VERSION of #111 Objections, by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: #1 Exhibits A-B, #2 Certification)(Farnan, Brian)
September 24, 2020 CORRECTING ENTRY: Exhibit B to the Sealed Objections at D.I. #111 has been replaced with a corrected version per request of filer. (nmf)
September 22, 2020 Filing 113 REDACTED VERSION of #110 Letter by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Michael)
September 21, 2020 Filing 112 REDACTED VERSION of #109 Letter, by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Joyce, Alexandra)
September 17, 2020 Filing 111 [SEALED] OBJECTIONS by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC to Oral Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certification Pursuant to Standing Order for Objections Filed Under Fed. R. Civ. P. 72)(Farnan, Brian) Modified on 9/18/2020 (lih). (Attachment 2 replaced on 9/24/2020) (nmf, ).
September 16, 2020 Opinion or Order ORAL ORDER- re #101 MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the September 16, 2020 discovery dispute teleconference shall serve as the Order of the Court. In accordance with the ruling made on the record, Defendants' motion to strike plaintiffs' expert's report is GRANTED limited to the portions of the report related to a new theory of infringement. See TQ Delta LLC v. ADTRAN, Inc., C.A. No. 14-954-RGA, 2019 WL 4346530, at *2 (D. Del. Sept. 12, 2019) (granting a motion to strike the plaintiff's experts' reports after weighing the Pennypack factors because "[o]pening expert reports are not the appropriate time to disclose new infringement allegations"); Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd., C.A. No. 16-139-WCB, 2018 WL 2225113, at *4-7 (D. Del. May 15, 2018) (granting a motion to strike where the plaintiff had, in infringement contentions and during claim construction, asserted a divided infringement theory in which a physician directed a patient to self-administer the product and later, in an amended infringement contention, changed its theory to a direct infringement theory involving only the patient). Signed by Judge Sherry R. Fallon on 9/16/2020. (lih) Modified on 9/16/2020 (lih).
September 16, 2020 Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 9/16/2020. (Court Reporter S. Ingram (Hawkins Reporting).) (lih)
September 15, 2020 Filing 110 [SEALED] Letter to The Honorable Sherry R. Fallon from Michael J. Farnan - re #109 Letter. (Farnan, Michael) Modified on 9/15/2020 (lih).
September 14, 2020 Filing 109 [SEALED] Letter to The Honorable Magistrate Sherry R. Fallon from Daniel M. Silver regarding discovery dispute. (Attachments: #1 Exhibit A-E, #2 Text of Proposed Order, #3 Certificate of Service)(Silver, Daniel) Modified on 9/14/2020 (lih).
September 10, 2020 Opinion or Order ORAL ORDER- granting #108 Letter Request for Teleconference. A Discovery Dispute Telephone Conference is set for 9/16/2020 at 01:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 10:00 AM on 9/14/2020, Responsive submission due by no later than 10:00 AM on 9/15/2020.) Ordered by Judge Sherry R. Fallon on 9/10/2020. (lih)
September 9, 2020 Filing 108 Letter to the Honorable Sherry R. Fallon from Daniel M. Silver, Esq. regarding Request for Continued Discovery Conference at the Courts Earliest Convenience. (Silver, Daniel) Modified on 9/10/2020 (lih).
September 9, 2020 Filing 107 REDACTED VERSION of #105 Letter by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
September 8, 2020 Filing 106 REDACTED VERSION of #104 Letter by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: #1 Exhibits 1-3)(Farnan, Brian)
September 3, 2020 Opinion or Order ORAL ORDER- re #101 MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the September 3, 2020 discovery dispute teleconference shall serve as the Order of the Court. In accordance with the rulings made on the record, the parties are ordered to meet and confer within one week of todays date to discuss: (1) a schedule allowing Defendants to obtain expert testimony in response to Plaintiffs infringement theories regarding claims 53 and 57 of the 027 patent, to ameliorate any prejudice caused by Plaintiffs failure to produce expert testimony on these claims; and (2) a schedule allowing Defendants to respond to new matters raised in Dr. Shustovs expert report. With respect to the first issue, the Court DENIES Defendants motion to strike or preclude assertion of claims 53 and 57, which were included in the initial and final infringement contentions, as well as Plaintiffs rebuttal expert report on invalidity, but were not included in Plaintiffs opening expert report on infringement. With respect to the second issue, Defendants motion to strike Dr. Shustovs expert report is GRANTED to the extent that it introduces a new theory of infringement, but the court will reconsider the matter after the completion of the meet and confer process, during which the parties are to discuss the scope of additional fact discovery and/or expert opinion for Defendants to respond only to the portion of Plaintiffs expert opinion which introduces a new infringement theory including a pharmacy technician in addition to the physician identified in the infringement contentions. The Court declines to rule on the qualifications of Dr. Shustov or the foundations of Dr. Shustovs expert opinion, which are issues outside the scope of the discovery referral that are more appropriately addressed in a Daubert motion. Signed by Judge Sherry R. Fallon on 9/3/2020. (lih)
September 3, 2020 Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 9/3/2020. (Court Reporter V. Gunning.) (lih)
September 1, 2020 Filing 105 [SEALED] Letter to The Honorable Magistrate Sherry R. Fallon from Daniel M. Silver regarding Responsive Letter - re Oral Order,. (Attachments: #1 Exhibit A-D, #2 Certificate of Service)(Silver, Daniel)
August 31, 2020 Filing 104 [SEALED] Letter to The Honorable Sherry R. Fallon from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Farnan, Brian)
August 25, 2020 Filing 103 NOTICE OF SERVICE of (1) Rebuttal Expert Report of Robert O. Williams III, Ph.D. Regarding Validity of U.S. Patent No. 8,835,501; (2) Rebuttal Expert Report of Robert R. Ruffolo Jr., Ph.D. filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
August 24, 2020 Filing 102 NOTICE OF SERVICE of (i) Responsive Noninfringement Report of Michael J. Thirman, MD and (ii) Rebuttal Expert Report of Dr. Alexander M. Klibanov filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
August 20, 2020 Reset Hearings: A Telephone Conference is set for 9/3/2020 at 11:00 AM before Judge Sherry R. Fallon per oral order entered on 8/18/2020. (lih)
August 18, 2020 Opinion or Order ORAL ORDER re #101 MOTION for Teleconference to Resolve Discovery Dispute. The discovery dispute teleconference previously scheduled in this matter on September 3, 2020 at 10:00 a.m. is rescheduled to September 3, 2020 at 11:00 a.m. Signed by Judge Sherry R. Fallon on 8/18/2020. (Polito, Rebecca)
August 7, 2020 Filing 101 MOTION for Teleconference to Resolve Discovery Dispute - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. Motions referred to Sherry R. Fallon.(Farnan, Michael)
August 7, 2020 Opinion or Order SO ORDERED, re #101 MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Teleconference is set for 9/3/2020 at 10:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 8/31/2020, Responsive submission due by no later than 11:00 AM on 9/1/2020). Signed by Judge Sherry R. Fallon on 8/7/2020. (Polito, Rebecca)
July 13, 2020 Filing 100 NOTICE OF SERVICE of (1) Opening Expert Report of Robert O. Williams III, Ph.D. Concerning Infringement; (2) Opening Expert Report of Lucas J. Tucker, Ph.D. Concerning Infringement; and (3) Opening Expert Report of Andrei Shustov, M.D. Concerning Infringement filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
July 13, 2020 Filing 99 NOTICE OF SERVICE of i) Expert Report of Dr. Alexander M. Klibanov and (ii) Opening Expert Report of Jeffrey M. Besterman, Ph. D Regarding Invalidity of U.S. Patent No. 6,888,027 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
June 26, 2020 Filing 98 NOTICE OF SERVICE of Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Limited's Supplemental Objections and Responses to Interrogatory No. 4 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
June 23, 2020 Opinion or Order Filing 97 ORAL ORDER: On or before 10/5/20, counsel shall advise in a joint email to Judge Thynge with a copy to her judicial administrator, Ms. Kennedy, whether further mediation is worthwhile with a brief explanation as to why or why not, the timing of any future mediation, and whether telephonic or in-person mediation is preferred. Ordered by Judge Mary Pat Thynge on 6/23/20. (cak)
June 23, 2020 Opinion or Order Filing 96 ORAL ORDER: On or before 10/5/20, counsel shall provide their client's present terms and conditions for settlement and the bases for them in confidential emails to Judge Thynge, with a copy to her judicial administrator, Ms. Kennedy. In these email reports, counsel shall also advise regarding the information that may be conveyed by Judge Thynge to opposing counsel and their clients. Ordered by Judge Mary Pat Thynge on 6/23/20. (cak)
June 15, 2020 Filing 95 NOTICE OF SERVICE of Fresenius Kabi's Invalidity Contentions filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
June 15, 2020 Filing 94 NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
June 10, 2020 Opinion or Order SO ORDERED, re #93 Stipulation filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Ordered by Judge Colm F. Connolly on 6/10/2020. (fms)
June 9, 2020 Filing 93 Joint STIPULATION and [Proposed] Order Regarding Certain Facts on Proposed Labeling and Indications by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Joyce, Alexandra)
June 4, 2020 Filing 92 NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Third Set of Interrogatories (No. 19) filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
June 1, 2020 Opinion or Order Filing 91 SO ORDERED, re #90 Stipulation filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Opening Expert Reports due by 7/13/2020., Rebuttal Expert Reports due by 8/24/2020. Reply Expert Reports due by 9/28/2020. Submission of Joint Proposed Pretrial Order 10 days prior to Pretrial Conference. See stipulation for further deadlines. Signed by Judge Colm F. Connolly on 6/1/2020. (fms)
May 29, 2020 Filing 90 STIPULATION Amending Scheduling Order by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Michael)
May 28, 2020 Filing 89 NOTICE OF SERVICE of Plaintiffs Second Supplemental Response to Defendants Interrogatory No. 4 filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
May 27, 2020 Filing 88 NOTICE OF SERVICE of Declaration of Beverly Lubit filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
May 26, 2020 Filing 87 REDACTED VERSION of #85 Letter by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: #1 Exhibits H-I)(Farnan, Michael)
May 26, 2020 Filing 86 REDACTED VERSION of #83 Letter, by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: #1 Exhibits A-G)(Farnan, Michael)
May 22, 2020 Opinion or Order ORAL ORDER The transcript of the May 21, 2020, discovery dispute teleconference shall serve as the Order of the court. In accordance with the rulings made on the record: (1) Plaintiffs motion for a protective order related to various Fed. R. Civ. P. 30(b)(6) deposition topics is GRANTED-IN-PART and DENIED-IN-PART according to the topic-specific rulings stated in the transcript; (2) Plaintiffs motion to quash Defendants subpoena to depose patent prosecution counsel is GRANTED upon consideration of In re TQ Delta, C.A. No. 17-328-RGA, 2018 WL 5033756 (D. Del. Oct. 17, 2018) because the information sought is privileged and because discovery is not permitted for the purpose of making a claim that has not been pleaded; (3) Defendants motion to compel the deposition of Richard Bastin is DENIED in reliance on Aerocrine AB v. Apieron Inc., C.A. No. 08-787-LPS, 267 F.R.D. 105 (D. Del. 2010); and (4) Defendants motion for additional time to depose Paul Finn is GRANTED but only up to 10 hours. Ordered by Judge Sherry R. Fallon on 5/22/2020. (lih)
May 21, 2020 Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 5/21/2020. (Court Reporter V. Gunning.) (lih)
May 19, 2020 Filing 85 [SEALED] Letter to The Honorable Sherry R. Fallon from Michael J. Farnan regarding Response to Plaintiffs' May 18, 2020 Letter - re #82 Letter. (Attachments: #1 Exhibit H, #2 Exhibit I)(Farnan, Michael)
May 19, 2020 Filing 84 Letter to The Honorable Sherry R. Fallon from Daniel M. Silver, Esq. regarding Plaintiffs' Responsive Discovery Letter. (Attachments: #1 Exhibit A-E)(Silver, Daniel)
May 18, 2020 Filing 83 [SEALED] Letter to The Honorable Sherry R. Fallon from Michael J. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Farnan, Michael)
May 18, 2020 Filing 82 Letter to The Honorable Sherry R. Fallon from Daniel M. Silver, Esq. regarding discovery dispute. (Attachments: #1 Exhibit 1-5, #2 Text of Proposed Order)(Silver, Daniel) Modified on 5/18/2020 (lih).
May 15, 2020 Opinion or Order Filing 81 ORDER governing telephonic mediation, mediation statements, and exhibits. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 5/15/20. (cak)
May 14, 2020 Filing 80 NOTICE to Take Deposition of 30(B)(6) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. on May 29, 2020 filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
May 6, 2020 Filing 79 MOTION for Teleconference to Resolve Discovery Disputes - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. Motions referred to Sherry R. Fallon.(Farnan, Michael)
May 6, 2020 Opinion or Order SO ORDERED- re #79 MOTION for Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 5/21/2020 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 5/18/2020, Responsive submission due by no later than 2:00 PM on 5/19/2020.) Signed by Judge Sherry R. Fallon on 5/6/2020. (lih)
May 5, 2020 Filing 78 NOTICE OF SERVICE of Fresenius Kabi's Third Set of Interrogatories to Plaintiffs (No. 19) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
May 1, 2020 Pro Hac Vice Attorney Ahmed M.T. Riaz for Fresenius Kabi Oncology Ltd. and Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
April 30, 2020 Filing 77 NOTICE OF SERVICE of Fresenius' Responses and Objections to Plaintiffs' First Set of Admission (Nos. 1-11) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
April 30, 2020 Filing 76 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) End of Fact Discovery, Final Infringement and Invalidity Contentions; (ii) Opening Expert Report; (iii) Rebuttal Reports; (iv) Reply Report; and (v) Expert Discovery Deadline to (i) 6/1/2020; (ii) 6/29/2020; (iii) 8/10/2020; (iv) 9/14/2020; and (v) 11/9/2020 - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Michael)
April 30, 2020 Opinion or Order SO ORDERED, re #76 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) End of Fact Discovery, Final Infringement and Invalidity Contentions; (ii) Opening Expert Report; (iii) Rebuttal Reports; (iv) Reply Report; and (v) Expert Discovery Deadline to (i) 6/1/2020; filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd., Set/Reset Scheduling Order Deadlines: ( Fact Discovery completed by 6/1/2020., Expert Discovery due by 11/9/2020.) Signed by Judge Colm F. Connolly on 4/30/2020. (nmf)
April 30, 2020 Opinion or Order SO ORDERED, re #74 MOTION for Pro Hac Vice Appearance of Attorney Joshua I. Rothman filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 4/30/2020. (fms)
April 30, 2020 Pro Hac Vice Attorney Joshua I. Rothman for Acrotech Biopharma, LLC and TopoTarget UK Ltd. 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. (mal)
April 29, 2020 Opinion or Order Filing 75 ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon for all disputes relating to discovery and the protective order. Signed by Judge Colm F. Connolly on 4/29/2020. (nmf)
April 27, 2020 Filing 74 MOTION for Pro Hac Vice Appearance of Attorney Joshua I. Rothman - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
April 24, 2020 Opinion or Order Filing 73 ORDER Setting Mediation Conferences: A Mediation Conference is set for 6/17/2020 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 4/24/20. (cak)
April 20, 2020 Filing 72 NOTICE OF SERVICE of Plaintiffs Responses and Objections to Defendants Second Set of Interrogatories (Nos. 9-18) filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
March 31, 2020 Filing 71 NOTICE OF SERVICE of (1) Plaintiffs Responses and Objections to Defendants Notice of Deposition of Acrotech Biopharma, LLC Pursuant to Federal R. Civ. P. 30(b)(6); (2) Plaintiffs Responses and Objections to Defendants Notice of Deposition of Topotarget UK Ltd. Pursuant to Federal R. Civ. P. 30(b)(6); (3) Plaintiffs First Set of Requests for Admission (Nos. 1-11) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
March 23, 2020 Filing 70 NOTICE OF SERVICE of Plaintiffs First Supplemental Responses to Defendants Interrogatory Nos. 4, 6, 7, and 8 filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
March 20, 2020 Filing 69 NOTICE OF SERVICE of Fresenius Kabi's Second Set of Interrogatories to Plaintiffs (Nos. 9-18) filed by Fresenius Kabi USA, LLC.(Farnan, Michael)
March 13, 2020 Opinion or Order Filing 68 SO ORDERED, re #67 CLAIM CONSTRUCTION ORDER Signed by Judge Colm F. Connolly on 3/13/2020. (nmf)
March 12, 2020 Filing 67 Joint PROPOSED ORDER re: Claim Construction by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Joyce, Alexandra)
March 6, 2020 Filing 66 REDACTED VERSION of #56 Letter, by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: #1 Exhibit Exhibits A-F, #2 Text of Proposed Order, #3 Certification)(Farnan, Brian)
March 6, 2020 Filing 65 NOTICE to Take Deposition of Einars Loza on 3/27/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
March 6, 2020 Filing 64 NOTICE to Take Deposition of Nicholas J. Hughes on 4/3/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
March 6, 2020 Filing 63 NOTICE to Take Deposition of Paul W. Finn on 3/24/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
March 6, 2020 Filing 62 NOTICE to Take Deposition of Richard J. Bastin on 3/31/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
March 6, 2020 Filing 61 NOTICE to Take Deposition of TopoTarget UK LTD on 4/10/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
March 6, 2020 Filing 60 NOTICE to Take Deposition of Acrotech Biopharma LLC on 4/7/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
March 4, 2020 Filing 59 NOTICE of Subpoenas to Beverly W. Lubit by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian)
March 4, 2020 Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 3/4/2020, Discovery Conference held on 3/4/2020. (Court Reporter V. Gunning.) (nmf)
March 3, 2020 Filing 58 NOTICE of Appearance by Brian R. Lemon on behalf of Acrotech Biopharma, LLC, TopoTarget UK Ltd. (Lemon, Brian)
March 1, 2020 Filing 57 Letter to The Honorable Colm F. Connolly from Daniel M. Silver, Esq. regarding Discovery Dispute - re #56 Letter,. (Silver, Daniel)
February 28, 2020 Filing 56 [SEALED] Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order, #8 Certification of Counsel)(Farnan, Brian)
February 26, 2020 Opinion or Order SO ORDERED, re #55 MOTION for Pro Hac Vice Appearance of Attorney Gregory J. Manas filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 2/26/2020. (fms)
February 26, 2020 Pro Hac Vice Attorney Gregory J. Manas for Acrotech Biopharma, LLC and TopoTarget UK Ltd. 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 25, 2020 Filing 55 MOTION for Pro Hac Vice Appearance of Attorney Gregory J. Manas - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: #1 Gregory J. Manas)(Silver, Daniel)
February 20, 2020 Set Hearings: A Discovery Conference will be held directly following the Markman Hearing on 3/4/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly per request of counsel. (nmf)
February 13, 2020 Filing 54 MOTION for Pro Hac Vice Appearance of Attorney Ahmed M.T. Riaz - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian)
February 13, 2020 Opinion or Order SO ORDERED, re #54 MOTION for Pro Hac Vice Appearance of Attorney Ahmed M.T. Riaz filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 2/13/2020. (fms)
January 29, 2020 Filing 53 STIPULATION to Amend Scheduling Order by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
January 29, 2020 Opinion or Order SO ORDERED, re #53 STIPULATION to Amend Scheduling Order. Signed by Judge Colm F. Connolly on 1/29/2020. (nmf)
January 13, 2020 Filing 52 EXHIBIT re #43 Claim Construction Chart 027 by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: #1 501)(Silver, Daniel)
January 13, 2020 Remark re: D.I. #43 and D.I. #44 The Court's form patent case scheduling orders require the parties to submit with the Joint Claim Construction Chart separate text-searchable pdfs for each asserted patent(s). Parties shall file the separate pdfs electronically using CM/ECF. Each separate pdf shall be labeled using the last three digits of the number of the patent in question so that it is possible to determine from looking at the docket sheet the patent in a particular exhibit. Please comply with this requirement by filing the separate text searchable patents with the proper label as an exhibit to the #43 Claim Construction Chart. (nmf)
January 10, 2020 Filing 51 Joint APPENDIX re #50 Claim Construction Opening Brief by Acrotech Biopharma, LLC, Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Attachments: #1 Tabs 1 - 11)(Silver, Daniel)
January 10, 2020 Filing 50 Joint CLAIM CONSTRUCTION OPENING BRIEF filed by Acrotech Biopharma, LLC, Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Silver, Daniel)
November 22, 2019 Filing 49 NOTICE of Service of Plaintiffs' Reply Claim Construction Brief by Acrotech Biopharma, LLC, TopoTarget UK Ltd. (Silver, Daniel)
October 24, 2019 Filing 48 NOTICE OF SERVICE of Fresenius' Responses and Objections to Plaintiffs' First Set of Interrogatories to Defendants (Nos. 1-5) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
October 4, 2019 Filing 47 NOTICE OF SERVICE of (1) Plaintiffs Responses and Objections to Defendants First Set of Interrogatories (Nos. 1-8) and (2) Plaintiffs Opening Claim Construction Brief filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
September 25, 2019 Opinion or Order SO ORDERED, re #45 MOTION for Pro Hac Vice Appearance of Attorney Becky E. Steephenson filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 9/25/2019. (fms)
September 25, 2019 Pro Hac Vice Attorney Becky E. Steephenson for Acrotech Biopharma, LLC and TopoTarget UK Ltd. 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)
September 24, 2019 Filing 46 NOTICE OF SERVICE of Plaintiffs First Set of Interrogatories filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
September 24, 2019 Filing 45 MOTION for Pro Hac Vice Appearance of Attorney Becky E. Steephenson - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: #1 Becky E. Steephenson Certification)(Silver, Daniel)
September 6, 2019 Filing 44 Joint APPENDIX re #43 Claim Construction Chart by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
September 6, 2019 Filing 43 CLAIM Construction Chart by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel)
September 6, 2019 Filing 42 NOTICE OF SERVICE of Plaintiffs Responses and Objections to Defendants First Set of Requests for Production (Nos. 1-34) filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
September 6, 2019 Filing 41 NOTICE OF SERVICE of Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd.'s Objections and Responses to Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-27) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
August 9, 2019 Filing 40 NOTICE OF SERVICE of Proposed Claim Terms for Construction filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
August 9, 2019 Filing 39 NOTICE OF SERVICE of Plaintiffs Claim Term Identification filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
August 8, 2019 Pro Hac Vice Attorneys William E. Solander and James R. Tyminski for Acrotech Biopharma, LLC and TopoTarget UK Ltd. 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 8, 2019 Pro Hac Vice Attorney William E. Solander for TopoTarget UK Ltd. 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)
August 7, 2019 Filing 38 NOTICE OF SERVICE of (i) Fresenius Kabi's First Set of Interrogatories to Plaintiffs (Nos. 1-8) and (ii) Fresenius Kabi's First Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 1-34) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
August 7, 2019 Filing 37 NOTICE OF SERVICE of Plaintiffs First Set of Requests for the Production of Documents and Things (Nos. 1-27) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel)
August 7, 2019 Filing 36 NOTICE requesting Clerk to remove Kathryn E. Easterling as co-counsel.. (Silver, Daniel)
August 7, 2019 Opinion or Order Filing 35 ORDER granting #34 MOTION to Substitute Party: Acrotech Biopharma, LLC to replace Spectrum Pharmaceuticals, Inc. filed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc. Acrotech Biopharma, LLC added. Spectrum Pharmaceuticals, Inc. terminated. Signed by Judge Colm F. Connolly on 8/2/2019. (nmf)
August 1, 2019 Filing 34 MOTION to Substitute Party: Acrotech Biopharma, LLC to replace Spectrum Pharmaceuticals, Inc. - filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Attachments: #1 Text of Proposed Order)(Silver, Daniel)
August 1, 2019 Filing 33 NOTICE OF SUBSTITUTION OF COUNSEL re All Plaintiffs : Entry of appearance of attorney Daniel M. Silver. Attorney Jack B. Blumenfeld and Jeffrey J. Lyons terminated. (Silver, Daniel)
July 15, 2019 Pro Hac Vice Attorney John K. Hsu for Fresenius Kabi Oncology Ltd.,for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
July 12, 2019 Filing 32 NOTICE requesting Clerk to remove Stephen J. Smith as co-counsel.. (Farnan, Brian)
July 10, 2019 Opinion or Order SO ORDERED, re #31 MOTION for Pro Hac Vice Appearance of Attorney John K. Hsu filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 7/10/2019. (nmf)
July 9, 2019 Filing 31 MOTION for Pro Hac Vice Appearance of Attorney John K. Hsu - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian)
April 5, 2019 Filing 30 NOTICE OF SERVICE of Fresenius Kabi's Initial Invalidity Contentions filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
March 6, 2019 Filing 29 NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contentions filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Blumenfeld, Jack)
February 6, 2019 Filing 28 MOTION for Pro Hac Vice Appearance of Attorney William E. Solander, James R. Tyminski, and Kathryn E. Easterling - filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Lyons, Jeffrey)
February 6, 2019 Opinion or Order SO ORDERED, re #28 MOTION for Pro Hac Vice Appearance of Attorney William E. Solander, James R. Tyminski, and Kathryn E. Easterling filed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc. Signed by Judge Colm F. Connolly on 2/6/2019. (fms)
February 4, 2019 Filing 27 NOTICE OF SERVICE of Core Technical Documents filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Michael)
February 4, 2019 Filing 26 NOTICE OF SERVICE of Plaintiffs' Disclosures Pursuant to Delaware Default Standard Paragraph 4(a) filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Lyons, Jeffrey)
January 14, 2019 Opinion or Order Filing 25 STIPULATED PROTECTIVE ORDER Signed by Judge Colm F. Connolly on 1/14/2019. (nmf)
January 11, 2019 Filing 24 NOTICE OF SERVICE of (1) Plaintiffs' Rule 26(a)(1) Initial Disclosures and (2) Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Lyons, Jeffrey)
January 11, 2019 Filing 23 NOTICE OF SERVICE of (i) Fresenius Kabi's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and (ii) Fresenius Kabi's Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian)
January 11, 2019 Filing 22 Joint PROPOSED ORDER Stipulated Protective Order by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Lyons, Jeffrey)
January 10, 2019 Opinion or Order Filing 21 ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 4/21/2020 at 10:00 AM before Judge Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 1/10/19. (cak)
December 17, 2018 Pro Hac Vice Attorney Helen H. Ji and Stephen J. Smith for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
December 12, 2018 Opinion or Order Filing 20 ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 1/10/2019 at 11:30 AM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 12/12/18. (cak)
December 10, 2018 Set/Reset Hearings: The Final Pretrial Conference is set for 1/28/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. (nmf)
December 10, 2018 CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge 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 (cak)
December 7, 2018 Opinion or Order Filing 19 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/28/2020. Amended Pleadings due by 2/28/2020. Fact Discovery completed by 4/30/2020. Joint Claim Construction Brief due 1/10/2020. A Markman Hearing is set for 3/4/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 1/28/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Bench Trial is set for 2/8/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 12/7/2018. (nmf)
December 7, 2018 Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 12/7/2018. (Court Reporter V. Gunning.) (nmf)
December 3, 2018 Filing 18 PROPOSED ORDER -- Scheduling Order -- by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Attachments: #1 Letter to the Honorable Colm F. Connolly)(Blumenfeld, Jack)
December 3, 2018 Reset Hearings: A Telephonic Scheduling Conference is set for 12/7/2018 at 11:30 AM before Judge Colm F. Connolly. The previous date of 12/5/2018 is cancelled as the court is closed for the National Day of Mourning. (nmf)
November 28, 2018 Filing 17 ANSWER to #14 Answer to Complaint, Counterclaim by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Blumenfeld, Jack)
November 15, 2018 Opinion or Order Filing 16 Order Setting Scheduling Conference: A Scheduling Conference is set for 12/5/2018 at 02:30 PM in Chambers before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 11/15/2018. (nmf)
November 9, 2018 Pro Hac Vice Attorney Aly T. Imron for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak)
November 8, 2018 Filing 15 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fresenius Kabi Pharmaceuticals Holding, LLC, Other Affiliate Fresenius Kabi AG, Other Affiliate Fresenius SE & Co. KGaA for Fresenius Kabi USA, LLC; Corporate Parent Fresenius Kabi (Singapore) Pte. Ltd., Other Affiliate Fresenius Kabi AG, Other Affiliate Fresenius SE & Co. KGaA, Other Affiliate Fresenius Kabi Austria GmbH, Other Affiliate Fresenius Kabi Asiaco GmbH, Other Affiliate resenius Kabi Deutschland GmbH for Fresenius Kabi Oncology Ltd. filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian)
November 8, 2018 Filing 14 ANSWER to #1 Complaint, , COUNTERCLAIM against Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd. by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd..(Farnan, Brian)
November 8, 2018 Opinion or Order Filing 13 SO ORDERED, re #11 Stipulation of Dismissal filed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc. Party Fresenius Kabi USA, Inc. terminated. Signed by Judge Colm F. Connolly on 11/8/2018. (fms)
November 8, 2018 Opinion or Order SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Stephen J. Smith, and Helen H. Ji filed by Fresenius Kabi USA, LLC. Signed by Judge Colm F. Connolly on 11/8/2018. (fms)
November 7, 2018 Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Stephen J. Smith, and Helen H. Ji - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
November 7, 2018 Filing 11 STIPULATION of Dismissal without prejudice Defendant Fresenius Kabi USA, Inc., and Amending Caption by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Lyons, Jeffrey)
November 6, 2018 Filing 10 NOTICE of Change of Law Firm Name and Email Address of Pro Hac Vice Counsel by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd. (Lyons, Jeffrey)
October 26, 2018 Filing 9 STIPULATION TO EXTEND TIME for Fresenius Kabi USA, LLC and Fresenius Kabi USA, Inc. to move, answer, or otherwise respond to the Complaint to 11/9/2018 - filed by Fresenius Kabi USA, Inc., Fresenius Kabi USA, LLC. (Farnan, Brian)
October 26, 2018 Opinion or Order SO ORDERED, re #9 STIPULATION TO EXTEND TIME for Fresenius Kabi USA, LLC and Fresenius Kabi USA, Inc. to move, answer, or otherwise respond to the Complaint to 11/9/2018 filed by Fresenius Kabi USA, Inc., Fresenius Kabi USA, LLC, Set/Reset Answer Deadlines: Fresenius Kabi USA, Inc. answer due 11/9/2018; Fresenius Kabi USA, LLC answer due 11/9/2018. Signed by Judge Colm F. Connolly on 10/26/2018. (fms)
October 17, 2018 Filing 8 WAIVER OF SERVICE returned executed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc.: For Fresenius Kabi Oncology Ltd. waiver sent on 10/10/2018, answer due 1/8/2019. (Lyons, Jeffrey)
October 10, 2018 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
October 5, 2018 Filing 7 SUMMONS Returned Executed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc.. Fresenius Kabi USA, LLC served on 10/5/2018, answer due 10/26/2018. (Blumenfeld, Jack)
October 5, 2018 Filing 6 SUMMONS Returned Executed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc.. Fresenius Kabi USA, Inc. served on 10/5/2018, answer due 10/26/2018. (Blumenfeld, Jack)
October 4, 2018 Summons Issued with Magistrate Consent Notice attached as to Fresenius Kabi Oncology Ltd. on 10/4/2018; Fresenius Kabi USA, Inc. on 10/4/2018; Fresenius Kabi USA, LLC on 10/4/2018. 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. (nmg)
October 3, 2018 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Onxeo S.A. for TopoTarget UK Ltd. filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd. (nmg)
October 3, 2018 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. 6,888,027 ;U.S. 8,835,501. (nmg)
October 3, 2018 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 8/22/2018. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 1/3/2022. (nmg)
October 3, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
October 3, 2018 Filing 1 COMPLAINT for PATENT INFRINGEMENT filed against Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, Inc., Fresenius Kabi USA, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2473508.) - filed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(nmg)

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Search for this case: Acrotech Biopharma, LLC et al v. Fresenius Kabi USA, LLC et al
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Plaintiff: Spectrum Pharmaceuticals, Inc.
Represented By: Jeffrey J. Lyons
Represented By: Jack B. Blumenfeld
Represented By: Daniel M. Silver
Represented By: Alexandra M. Joyce
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Plaintiff: TopoTarget UK Ltd.
Represented By: Jeffrey J. Lyons
Represented By: Jack B. Blumenfeld
Represented By: William E. Solander
Represented By: Brian R. Lemon
Represented By: Gregory J. Manas
Represented By: Daniel M. Silver
Represented By: Becky E. Steephenson
Represented By: James R. Tyminski
Represented By: Joshua I. Rothman
Represented By: Alexandra M. Joyce
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Plaintiff: Acrotech Biopharma, LLC
Represented By: William E. Solander
Represented By: Brian R. Lemon
Represented By: Gregory J. Manas
Represented By: Daniel M. Silver
Represented By: Becky E. Steephenson
Represented By: James R. Tyminski
Represented By: Joshua I. Rothman
Represented By: Alexandra M. Joyce
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Defendant: Fresenius Kabi Oncology Ltd.
Represented By: Brian E. Farnan
Represented By: Ahmed M.T. Riaz
Represented By: Michael J. Farnan
Represented By: John K. Hsu
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Defendant: Fresenius Kabi USA, Inc.
Represented By: Brian E. Farnan
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Defendant: Fresenius Kabi USA, LLC
Represented By: Aly T. Imron
Represented By: Brian E. Farnan
Represented By: Ahmed M.T. Riaz
Represented By: Michael J. Farnan
Represented By: Stephen J. Smith
Represented By: Helen H. Ji
Represented By: John K. Hsu
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