Pharmacyclics LLC et al v. Alvogen Pine Brook LLC et al
Plaintiff: Pharmacyclics LLC
Defendant: Natco Pharma Ltd. and Alvogen Pine Brook LLC
Counter Defendant: Janssen Biotech, Inc.
Case Number: 1:2019cv00434
Filed: March 1, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Christopher J Burke
Referring Judge: Colm F Connolly
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2021 Opinion or Order Filing 382 Official Transcript of telephone conference held on January 15, 2021 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 381 Official Transcript of telephone conference held on October 29, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 380 Official Transcript of bench trial held on October 21, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 379 Official Transcript of bench trial held on October 20, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 378 Official Transcript of bench trial held on October 19, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 377 Official Transcript of bench trial held on October 16, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 376 Official Transcript of bench trial held on October 15, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 375 Official Transcript of bench trial held on October 14, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 374 Official Transcript of bench trial held on October 13, 2020 before Judge Connolly. Court Reporter/Transcriber Valerie Gunning, Email: Valerei_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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 373 Official Transcript of telephone conference held on September 30, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 372 Official Transcript of telephone conference held on September 23, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 371 Official Transcript of telephone conference held on September 8, 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 370 Official Transcript of telephone conference held on August 25, 2020 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 369 Official Transcript of telephone conference held on August 24, 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 368 Official Transcript of telephone conference held on August 3, 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 367 Official Transcript of telephone conference held on April 28, 2020 before Judge Connolly. 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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 366 Official Transcript of telephone conference held on October 10, 2019 before Judge Connolly. Court Reporter/Transcriber Valerie Gunning,Email: Valerei_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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
October 8, 2021 Opinion or Order Filing 365 Official Transcript of hearing held on September 4, 2019 before Judge Connolly. Court Reporter/Transcriber Valerie Gunning,Email: Valerei_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 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (vjg)
September 14, 2021 Opinion or Order Filing 364 SO ORDERED, re #363 STIPULATION TO EXTEND TIME for the deadline to file any motion for an award of attorneys' fees, including any motion that this case is exceptional under 35 U.S.C. 285 to 14 days after the issuance of a mandate by the Federal Circuit on the filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 9/14/2021. (kmd)
September 9, 2021 Opinion or Order Filing 363 STIPULATION TO EXTEND TIME for the deadline to file any motion for an award of attorneys' fees, including any motion that this case is exceptional under 35 U.S.C. 285 to 14 days after the issuance of a mandate by the Federal Circuit on the appeal - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
September 9, 2021 Opinion or Order Filing 362 TRANSCRIPT REQUEST by Alvogen Pine Brook LLC, Natco Pharma Ltd. for proceedings held on [SEE ATTACHED LIST] before Judge The Honorable Colm F. Connolly and Magistrate Judge Christopher J. Burke, (Higgins, James)
September 8, 2021 Opinion or Order Filing 361 NOTICE requesting Clerk to remove Chanson Chang as co-counsel. Reason for request: leaving the firm. (Tigan, Jeremy)
August 31, 2021 Opinion or Order Filing 360 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #359 Notice of Appeal (Federal Circuit) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. USCA Case Number 2021-2270 (nmf)
August 30, 2021 Opinion or Order Filing 359 NOTICE OF APPEAL to the Federal Circuit of #352 Memorandum Opinion, #353 Order, #357 Judgment . Appeal filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
August 30, 2021 Opinion or Order Filing 358 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) (See Attached Report). (Attachments: #1 Judgment)(nmf)
August 30, 2021 Opinion or Order Filing 357 JUDGMENT in favor of Janssen Biotech, Inc., Pharmacyclics LLC against Alvogen Pine Brook LLC, Natco Pharma Ltd. (CASE CLOSED) Signed by Judge Colm F. Connolly on 8/30/2021. (nmf)
August 30, 2021 Opinion or Order Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re #359 Notice of Appeal (Federal Circuit). (nmg)
August 30, 2021 Opinion or Order APPEAL - Credit Card Payment of $505.00 received re #359 Notice of Appeal (Federal Circuit) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. ( Filing fee $505, receipt number ADEDC-3688926.) (Higgins, James)
August 30, 2021 Opinion or Order Notification regarding #359 Notice of Appeal (Federal Circuit) sent to Reporter Gunning. (nmg)
August 27, 2021 Opinion or Order Filing 356 PROPOSED ORDER [Proposed] Final Judgment re #352 Memorandum Opinion, #353 Order, by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
August 25, 2021 Opinion or Order Filing 355 SO ORDERED, re #354 STIPULATION TO EXTEND TIME to submit Proposed Final Judgment to August 27, 2021 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 8/25/2021. (fms)
August 23, 2021 Opinion or Order Filing 354 STIPULATION TO EXTEND TIME to submit Proposed Final Judgment to August 27, 2021 - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
August 19, 2021 Opinion or Order Filing 353 ORDER re #352 Memorandum Opinion. For the reasons set forth in the Memorandum Opinion issued this day, IT IS HEREBY ORDERED that the parties shall submit no later than August 23, 2021 a proposed order by which the Court may enter final judgment consistent with the Opinion issued this day. Signed by Judge Colm F. Connolly on 8/19/2021. (nmf)
August 19, 2021 Opinion or Order Filing 352 MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 8/19/2021. (nmf)
July 14, 2021 Opinion or Order Filing 351 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding the Court's Oral Order of July 13, 2021 - re Oral Order,. (Tigan, Jeremy)
July 14, 2021 Opinion or Order Filing 350 Letter to The Honorable Colm F. Connolly from Melanie K. Sharp, Esq. regarding Response to July 13 Oral Order re: pre-AIA law application to asserted claims - re Oral Order,. (Sharp, Melanie)
July 13, 2021 Opinion or Order ORAL ORDER: It is HEREBY ORDERED that the parties shall file no later than noon on July 14, 2021 letters with the Court confirming or disputing that pre-AIA law applies to each of the asserted claims. Ordered by Judge Colm F. Connolly on 7/13/2021. (nmf)
June 14, 2021 Opinion or Order Filing 349 SO ORDERED, re #348 Stipulation filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 6/14/2021. (fms)
June 11, 2021 Opinion or Order Filing 348 STIPULATION and [Proposed] Order Regarding 30-Month Stay by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
March 11, 2021 Opinion or Order Filing 347 NOTICE of Withdrawal of Counsel (Jennifer A. Ward) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc. (Ward, Jennifer)
February 15, 2021 Opinion or Order Filing 346 NOTICE requesting Clerk to remove Anna Q. Han as co-counsel. Reason for request: No longer with firm. (Ward, Jennifer)
February 2, 2021 Opinion or Order CORRECTING ENTRY: Per request of filer, the Notice of Service at D.I. 346 has been removed from the docket as it was filed in this civil action in error. (fms)
February 1, 2021 Opinion or Order Filing 345 NOTICE of Withdrawal of Counsel, Kimberly Q. Li by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Higgins, James)
January 19, 2021 Opinion or Order Filing 344 NOTICE of Withdrawal of Counsel, Steven W. Lee by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Higgins, James)
January 19, 2021 Opinion or Order Filing 343 REDACTED VERSION of #337 Letter, to The Honorable Colm F. Connolly from James L. Higgins, Esq. regarding Alvogen's Amended Proposed Findings of Fact by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
January 19, 2021 Opinion or Order Filing 342 REDACTED VERSION of #336 Proposed Findings of Fact by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
January 19, 2021 Opinion or Order Filing 341 REDACTED VERSION of #335 POST Trial Brief [Alvogen's Reply Post-Trial Brief] by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
January 15, 2021 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 1/15/2021. (Court Reporter V. Gunning.) (nmf)
January 12, 2021 Opinion or Order ORAL ORDER: The Court will convene a telephone conference on Friday, January 15, 2021 at 1:00 p.m. to discuss how to address Alvogen's objections to exhibits and findings of fact proposed by Pharmacyclics. Mr. Gutman and Ms. Sharp are required to participate in the call. Counsel for Defendants shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 1/12/2021. (nmf)
January 11, 2021 Opinion or Order Filing 340 Exhibit List by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
January 11, 2021 Opinion or Order Filing 339 NOTICE of of Withdrawal of Pro Hac Vice Counsel, Christopher D. Lynch by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Higgins, James)
January 8, 2021 Opinion or Order Filing 338 REDACTED VERSION of (334 in 1:19-cv-00434-CFC-CJB, 542 in 1:18-cv-00192-CFC-CJB) POST Trial Brief by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
January 7, 2021 Opinion or Order Filing 337 [SEALED] Letter to The Honorable Colm F. Connolly from James L. Higgins, Esq. regarding Alvogen's Amended Proposed Findings of Fact - re #336 Proposed Findings of Fact. (Attachments: #1 Redline - Amended Proposed Findings of Fact)(Higgins, James)
January 7, 2021 Opinion or Order Filing 336 [SEALED] Proposed Findings of Fact by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Sharp, Melanie)
January 7, 2021 Opinion or Order Filing 335 [SEALED] POST TRIAL BRIEF [Alvogen's Reply Post-Trial Brief] by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Exhibit A - E)(Sharp, Melanie)
January 5, 2021 Opinion or Order Filing 334 [SEALED] POST TRIAL BRIEF [Plaintiffs' Post-Trial Brief with Respect to Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd.] by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
January 5, 2021 Opinion or Order Filing 333 POST TRIAL BRIEF [Plaintiffs' Post-Trial Brief with Respect to Defendants Sandoz Inc. and Lek Pharmaceuticals d.d.] by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Tigan, Jeremy)
January 5, 2021 Opinion or Order Filing 332 Proposed Findings of Fact by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
January 4, 2021 Opinion or Order Filing 331 Proposed Findings of Fact by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
December 30, 2020 Opinion or Order Filing 330 REDACTED VERSION of #326 POST Trial Brief /Proposed Findings of Facts by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
December 30, 2020 Opinion or Order Filing 329 REDACTED VERSION of #325 POST Trial Brief by Alvogen Pine Brook LLC. (Higgins, James)
December 29, 2020 Opinion or Order Filing 328 NOTICE OF SERVICE of (1) Plaintiffs' Post-Trial Brief with Respect to Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd., and (2) Plaintiffs' Post-Trial Brief with Respect to Defendants Sandoz Inc. and Lek Pharmaceuticals d.d. filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Ward, Jennifer)
December 23, 2020 Opinion or Order Filing 327 NOTICE OF SERVICE of Plaintiffs' Post-Trial Brief with Respect to Defendants Sandoz Inc. and Lek Pharmaceuticals d.d. filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
December 23, 2020 Opinion or Order Filing 326 [SEALED] POST TRIAL BRIEF [Alvogen's Proposed Findings of Fact] by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Sharp, Melanie)
December 23, 2020 Opinion or Order Filing 325 [SEALED] POST TRIAL BRIEF [Opening] by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
November 25, 2020 Opinion or Order Filing 324 NOTICE OF SERVICE of Alvogen's Opening Post-Trial Brief and Alvogen's Proposed Findings of Fact filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 25, 2020 Opinion or Order Filing 323 NOTICE OF SERVICE of Plaintiffs' Post-Trial Proposed Findings of Fact with Respect to Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd. filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 322 NOTICE OF SERVICE of Plaintiffs' Post-Trial Proposed Findings of Fact with Respect to Defendants Sandoz Inc. and Lek Pharmaceuticals d.d. filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 321 REDACTED VERSION of (289 in 1:19-cv-00434-CFC-CJB, 495 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 14 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 320 REDACTED VERSION of (494 in 1:18-cv-00192-CFC-CJB, 288 in 1:19-cv-00434-CFC-CJB) Proposed Pretrial Order (Volume 13 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 319 REDACTED VERSION of (287 in 1:19-cv-00434-CFC-CJB, 493 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 12 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 318 REDACTED VERSION of (492 in 1:18-cv-00192-CFC-CJB, 286 in 1:19-cv-00434-CFC-CJB) Proposed Pretrial Order (Volume 11 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 317 REDACTED VERSION of (491 in 1:18-cv-00192-CFC-CJB, 285 in 1:19-cv-00434-CFC-CJB) Proposed Pretrial Order (Volume 10 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 316 REDACTED VERSION of (284 in 1:19-cv-00434-CFC-CJB, 490 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 9 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 315 REDACTED VERSION of (283 in 1:19-cv-00434-CFC-CJB, 489 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 8 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 314 REDACTED VERSION of (282 in 1:19-cv-00434-CFC-CJB, 488 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 7 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 313 REDACTED VERSION of (487 in 1:18-cv-00192-CFC-CJB, 281 in 1:19-cv-00434-CFC-CJB) Proposed Pretrial Order (Volume 6 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 312 REDACTED VERSION of (486 in 1:18-cv-00192-CFC-CJB, 280 in 1:19-cv-00434-CFC-CJB) Proposed Pretrial Order (Volume 5 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 311 REDACTED VERSION of (485 in 1:18-cv-00192-CFC-CJB, 279 in 1:19-cv-00434-CFC-CJB) Proposed Pretrial Order (Volume 4 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 310 REDACTED VERSION of (278 in 1:19-cv-00434-CFC-CJB, 484 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 3 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 309 REDACTED VERSION of (277 in 1:19-cv-00434-CFC-CJB, 483 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 2 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 24, 2020 Opinion or Order Filing 308 REDACTED VERSION of (276 in 1:19-cv-00434-CFC-CJB, 482 in 1:18-cv-00192-CFC-CJB) Proposed Pretrial Order (Volume 1 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 23, 2020 Opinion or Order Filing 307 SO ORDERED, re (306 in 1:19-cv-00434-CFC-CJB, 518 in 1:18-cv-00192-CFC-CJB) STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to November 24, 2020 filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 11/23/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
November 20, 2020 Opinion or Order Filing 306 STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to November 24, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 16, 2020 Opinion or Order Filing 305 SO ORDERED, re (304 in 1:19-cv-00434-CFC-CJB) STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to November 20, 2020 filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 11/16/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
November 13, 2020 Opinion or Order Filing 304 STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to November 20, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
November 10, 2020 Opinion or Order Filing 303 MEMORANDUM ORDER granting Plaintiffs' request to preclude Sandoz from pursuing its Pharmorphix inventorship theory. Signed by Judge Colm F. Connolly on 11/10/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
November 5, 2020 Opinion or Order Filing 302 SO ORDERED, re (510 in 1:18-cv-00192-CFC-CJB, 301 in 1:19-cv-00434-CFC-CJB) Stipulation and Order regarding Post-Trial Briefing filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 11/5/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
November 4, 2020 Opinion or Order Filing 301 STIPULATION and [Proposed] Order Regarding Post-Trial Briefing by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
October 30, 2020 Opinion or Order ORAL ORDER: On or before November 4, 2020, the parties shall submit a joint proposed order reflecting the briefing deadlines and word count for the post-trial briefing discussed during the October 29, 2020 teleconference. Ordered by Judge Colm F. Connolly on 10/30/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
October 29, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 10/29/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
October 29, 2020 Opinion or Order Filing 300 SO ORDERED, re (299 in 1:19-cv-00434-CFC-CJB, 505 in 1:18-cv-00192-CFC-CJB) STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to November 13, 2020 filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 10/29/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 29, 2020 Opinion or Order Filing 299 STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to November 13, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
October 22, 2020 Opinion or Order ORAL ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 10/29/2020 at 02:00 PM before Judge Colm F. Connolly.. Ordered by Judge Colm F. Connolly on 10/22/2020. (nmf)
October 21, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial completed on 10/21/2020 (DAY 7). (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 21, 2020 Opinion or Order Filing 298 Letter to The Honorable Colm F. Connolly from Melanie K. Sharp, Esq. regarding Case Law and Decision Trees Requested by the Court During Trial [CORRECTED] - re #297 Letter. (Sharp, Melanie)
October 20, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 10/20/2020 (DAY 6). (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 20, 2020 Opinion or Order Filing 297 Letter to The Honorable Colm F. Connolly from Melanie K. Sharp, Esq. regarding Case Law and Decision Trees Requested by the Court During Trial. (Sharp, Melanie)
October 19, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 10/19/2020 (DAY 5). (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 16, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 10/16/2020 (DAY 4). (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 15, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 10/15/2020 (DAY 3). (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 14, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 10/14/2020 (DAY 2). (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 13, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 10/13/2020 (DAY 1). (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 13, 2020 Opinion or Order SO ORDERED, re #296 MOTION for Pro Hac Vice Appearance of Attorney Amir A. Naini and Gourdin W. Sirles filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 10/13/2020. (nmf)
October 13, 2020 Opinion or Order SO ORDERED, re #295 Joint PROPOSED ORDER Regarding Infringement filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 10/13/2020. (nmf)
October 12, 2020 Opinion or Order Filing 296 MOTION for Pro Hac Vice Appearance of Attorney Amir A. Naini and Gourdin W. Sirles - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Certifications by Counsel)(Higgins, James)
October 12, 2020 Opinion or Order Filing 295 Joint PROPOSED ORDER Regarding Infringement by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
October 12, 2020 Opinion or Order ORAL ORDER: The bench trial set to begin on 10/13/2020 is available to the public by telephone, using Dial In: 1-800-201-9352, Conference Code: 487710. Audio or video reproduction of the proceeding is strictly prohibited. ORDERED by Judge Colm F. Connolly on 10/12/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
October 1, 2020 Opinion or Order Filing 294 SO ORDERED, re (293 in 1:19-cv-00434-CFC-CJB, 499 in 1:18-cv-00192-CFC-CJB) STIPULATION TO EXTEND TIME for the parties to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to October 30, 2020 filed by Zydus Worldwide DMCC, Cadila Healthcare Limited. Signed by Judge Colm F. Connolly on 10/1/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 30, 2020 Opinion or Order Filing 293 STIPULATION TO EXTEND TIME for the parties to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to October 30, 2020 - filed by Cadila Healthcare Limited, Zydus Worldwide DMCC. (Palapura, Bindu)
September 30, 2020 Opinion or Order ORAL ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 9/30/2020 at 01:00 PM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 9/30/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 30, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 9/30/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 25, 2020 Opinion or Order SO ORDERED, re (498 in 1:18-cv-00192-CFC-CJB, 292 in 1:19-cv-00434-CFC-CJB) STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to October 2, 2020 filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 9/25/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
September 24, 2020 Opinion or Order Filing 292 STIPULATION TO EXTEND TIME to Submit Redacted Versions of the Proposed Pretrial Order (Volumes 1-14) to October 2, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
September 23, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Final Pretrial Conference held on 9/23/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 23, 2020 Opinion or Order Remark: The Pretrial Conference at 1:00 p.m. today is a public hearing. The information for the hearing is: Dial-in: (877) 434-2295 Passcode: 3023519106 Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 22, 2020 Opinion or Order Filing 291 ORDER RE: TRIAL SCHEDULE Signed by Judge Colm F. Connolly on 9/22/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 21, 2020 Opinion or Order Filing 290 ORAL ORDER: The Court, having reviewed the parties' supplemental letter briefs, (D.I. 471; D.I. 474), with respect to Defendants Alvogen Pine Brook LLC, Natco Pharma Ltd.'s (together "Alvogen"), Zydus Worldwide DMCC ("Zydus") and Cadila Healthcare Ltd.'s ("Cadila") (collectively, "Moving Defendants") request to strike the rebuttal reports of certain of Plaintiffs' experts regarding indefiniteness, enablement, written description and double patenting of seven patents-in-suit, (D.I. 437 in 18-192-CFC-CJB; D.I. 231 in 19-434-CFC-CJB), submitted in connection with the Court's September 1, 2020 oral order, (D.I. 466 in 18-192-CFC-CJB; D.I. 260 in 19-434-CFC-CJB), hereby DENIES this portion of Moving Defendants' Motion for the following reasons: (1) With regard to Alvogen's request to strike Dr. Reider's opinions relating to indefiniteness of the '711 patent, (D.I. 438 at 4; D.I. 471 at 1), Alvogen had first put the theory forward in its Initial Contentions ("Alvogen's Initial Contentions"), and Plaintiffs provided a substantive response to the theory in its claim construction briefing, (D.I. 474 at 1 (citing id., ex. A at 76; id., ex. B at 16, 36-37)). Thus, Dr. Reider's opinion on this issue was not untimely. Further, the Court agrees with Plaintiffs that Alvogen's expert Dr. Lepore's opening report appears to raise new indefiniteness theories, (D.I. 474, ex. C at para. 456-66), and therefore Plaintiffs' expert's responses to these new theories cannot be said to be untimely. (2) With regard to Moving Defendants' request to strike Dr. Reider's opinions relating to indefiniteness of the '309 patent, (D.I. 438 at 4; D.I. 471 at 1-2), Defendants' experts appear to advance new theories as compared to those presented in Alvogen's January 2019 pre-suit Paragraph IV Notice and Alvogen's Initial Contentions, (D.I. 474 at 1-2). For example, Alvogen therein did not contend that the term "pharmaceutically acceptable excipient" is indefinite, (D.I. 471, ex. 6 at 69-70; id., ex. 1 at 53-56), yet Dr. Fassihi's opening report opined that the term is indefinite, (id., ex. 7 at 441-471). Plaintiffs' expert's response to this theory is not untimely. The Court also agrees with Plaintiffs that Dr. Lepore's indefiniteness theory with regard to the term "pharmaceutically acceptable salt" is different than that advanced in Alvogen's Initial Contentions. (D.I. 474 at 1-2 (citing id., ex. A at 55-56; id., ex. C at para. 362-64)) With regard to Dr. Reider's response regarding the term "compound," Plaintiffs had provided a substantive response in its claim construction briefing, (D.I. 474 at 2; id., ex. B at 36-37), and any additional substantive opinions by Dr. Reider regarding the term constitute a proper response to Dr. Lepore's opinion, (id., ex. M at 431-36). To the extent that Plaintiffs did not earlier disclose their responsive theory with respect to the indefiniteness of the term "therapeutically effective amount," (D.I. 474 at 2; id., ex. M at para. 438-41), the Pennypack factors do not weigh in favor of striking Dr. Reider's opinion. The content of his report with regard to this issue is not "voluminous[,]" (D.I. 438 at 5), and Defendants' experts served replies with respect to the issue, (see, e.g., D.I. 474, ex. Q at 355-57). (3) With regard to Moving Defendants' request to strike Dr. Myerson's opinions relating to lack of enablement and written description of the '753, '455, '548 and '140 patents ("Crystalline Form Patents"), (D.I. 438 at 4; D.I. 471 at 2), the bulk of the paragraphs at issue respond to Dr. Swift's opinions regarding these Section 112 theories, (D.I. 471, ex. 13 at para. 643-61). However, Dr. Swift provided her opinion on behalf of Alvogen, (D.I. 474, ex. E at para. 1), and Alvogen has not demonstrated that it disclosed these Section 112 theories prior to service of Dr. Swift's opening report, (D.I. 471 at 2; D.I. 474 at 2). And to the extent that the paragraphs at issue in Dr. Myerson's report respond to Section 112 theories put forward by the Capsule Defendants, it does not appear that they earlier requested Plaintiffs' responses to any Section 112 theories articulated in their contentions. (D.I. 474 at 2) (4) With regard to Alvogen's request to strike Dr. Myerson's opinions regarding non-statutory obviousness-type double patenting ("OTDP") of the Crystalline Form Patents, (D.I. 438 at 4; D.I. 471 at 2-3), the paragraphs at issue respond to Alvogen's experts' OTDP theories, (D.I. 471, ex. 13 at para. 483-512; D.I. 474 at 3). While Alvogen may have disclosed (in a few sentences) OTDP theories with respect to certain patents in view of certain other patents in its Initial Disclosures, (D.I. 474, ex. A at 105-06, 119, 131, 133), Alvogen's experts' opinions expanded far beyond these assertions, (see, e.g., D.I. 474, ex. E at para. 219-90, 343-95, 436-82, 511-67; id., ex. D at para. 485-99). Plaintiffs' expert's response is therefore not improper. To the extent Dr. Myerson's opinions address the brief assertions that were first set out in Alvogen's Initial Disclosures (to which Plaintiffs may not have earlier clearly disclosed their responsive theories), the Pennypack factors do not weigh in favor of striking this material. (5) With regard to Alvogen's request to strike Dr. Rule's opinions regarding non-statutory OTDP of the '090 patent, (D.I. 438 at 4; D.I. 471 at 3), here again while it is true that Alvogen's Initial Contentions did assert that claims 1 and 2 of the '090 patent are patentably indistinct from claims 2 and 8 of the '277 patent and claim 3 of the '563 patent with a one sentence explanation as to why, (D.I. 471, ex. 1 at 83), Alvogen's expert Dr. Grossbard's OTDP opinion regarding the '090 patent extensively expanded upon that one sentence explanation, (id., ex. 8 at para. 339-49, 361-72; D.I. 474 at 3). Under these circumstances, the Court does not find Dr. Rule's rebuttal opinions to Alvogen's expanded theories to be untimely. Ordered by Judge Christopher J. Burke on 9/21/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
September 21, 2020 Opinion or Order ORAL ORDER Re-Setting Scheduling Order Deadlines: The Final Pretrial Conference is rescheduled for 9/23/2020 at 01:00 PM before Judge Colm F. Connolly. Counsel for Plaintiffs shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 9/21/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 18, 2020 Opinion or Order Filing 289 [SEALED] Proposed Pretrial Order (Volume 14 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 16-17)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 288 [SEALED] Proposed Pretrial Order (Volume 13 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 15B.1-15B.3)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 287 [SEALED] Proposed Pretrial Order (Volume 12 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 15A.1-15A.3)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 286 [SEALED] Proposed Pretrial Order (Volume 11 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 12-14)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 285 [SEALED] Proposed Pretrial Order (Volume 10 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 9-11)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 284 [SEALED] Proposed Pretrial Order (Volume 9 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 7C-8C)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 283 [SEALED] Proposed Pretrial Order (Volume 8 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 4-7B)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 282 [SEALED] Proposed Pretrial Order (Volume 7 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 3C (Part 2))(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 281 [SEALED] Proposed Pretrial Order (Volume 6 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 3C (Part 1))(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 280 [SEALED] Proposed Pretrial Order (Volume 5 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 3B)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 279 [SEALED] Proposed Pretrial Order (Volume 4 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 3A.4-3A.5)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 278 [SEALED] Proposed Pretrial Order (Volume 3 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 3A.3)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 277 [SEALED] Proposed Pretrial Order (Volume 2 of 14) by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 3-3A.2)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 276 [SEALED] Proposed Pretrial Order (Volume 1 of 14) by Janssen Biotech Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 1-2)(Tigan, Jeremy)
September 18, 2020 Opinion or Order Filing 275 Letter to The Honorable Colm F. Connolly from James L. Higgins, Esq. regarding Defendants' Stipulated and [Proposed] Order Regarding Infringement - re #273 Proposed Order. (Higgins, James)
September 18, 2020 Opinion or Order Filing 274 Letter to Honorable Colm F. Connolly from Jack B. Blumenfeld regarding Defendants Proposed Order Regarding Infringement (D.I. 273) - re #273 Proposed Order. (Blumenfeld, Jack)
September 18, 2020 Opinion or Order Filing 273 PROPOSED ORDER : Defendants' Stipulated and [Proposed] Order Regarding Infringement by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
September 17, 2020 Opinion or Order ORAL ORDER Setting Scheduling Order Deadlines: The Final Pretrial Conference on 9/23/2020 at 04:30 PM before Judge Colm F. Connolly shall be held by telephone. Counsel for Plaintiffs shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 9/17/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
September 15, 2020 Opinion or Order Filing 272 REDACTED VERSION of (474 in 1:18-cv-00192-CFC-CJB, 267 in 1:19-cv-00434-CFC-CJB) Letter, by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
September 11, 2020 Opinion or Order Filing 271 NOTICE of Pursuant to 35 U.S.C. 282 by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Lee, Steven)
September 10, 2020 Opinion or Order Filing 270 REDACTED VERSION of (471 in 1:18-cv-00192-CFC-CJB, 264 in 1:19-cv-00434-CFC-CJB) Letter, to The Honorable Christopher J. Burke from James L. Higgins regarding Defendants' Supplemental Letter in Support of Their Motion to Strike Plaintiffs' Untimely Opinions. by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Zydus Worldwide DMCC. (Lee, Steven)
September 10, 2020 Opinion or Order Filing 269 REDACTED VERSION of (263 in 1:19-cv-00434-CFC-CJB, 470 in 1:18-cv-00192-CFC-CJB) Letter by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
September 9, 2020 Opinion or Order Filing 268 ORAL ORDER: The Court, having reviewed Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd. (together "Alvogen"), Zydus Worldwide DMCC and Cadila Healthcare Ltd. (together "Zydus") and Sandoz Inc. and Lek Pharms.'s d.d.'s (together, "Sandoz" and collectively with the other Defendants, "Moving Defendants") motion to strike ("Motion"), (Civil Action No. 18-192-CFC-CJB, D.I. 461 and Civil Action No. 19-434-CFC-CJB, D.I. 255), and the briefing related thereto, (Civil Action No. 18-192-CFC-CJB, D.I. 463, D.I. 470) and having heard oral argument on September 8, 2020, hereby ORDERS as follows: (1) With regard to Moving Defendants motion to strike Plaintiffs' experts' opinions to the extent that those opinions were "supported by confidential documents and information produced by one Defendant[ and used] against another Defendant[,]" (D.I. 463 at 1 (emphasis omitted); id. at 1-2; D.I. 470 at 1-3), it is DENIED. During oral argument, Plaintiffs' counsel represented that any such document that their experts rely on in this way was provided to the Defendant at issue at least as of August 11, and in most cases, well before then (i.e., as of the date the relevant expert reports were served). (D.I. 470 at 1 & n.1, 2 ("Plaintiffs have also produced the disputed documents to each Defendant.")) If that is so, then even if it could be said that certain of these documents had been untimely produced pursuant to Rule 26(a)(2)(B), (D.I. 463 at 1), the record does not show that the Pennypack factors militate in favor of striking the material at issue. Indeed, Moving Defendants have not made the case as to why any particular confidential document, if produced by August 11 or before, was provided too late for Moving Defendants to be able to appropriately respond to Plaintiffs' expert's related position. If a Moving Defendant can show the District Court that another Defendants confidential document, which Plaintiffs intend to use against it, was not produced to it as of August 11 (or was never produced to it), then nothing in this order prevents that Defendant from seeking further relief from the District Court in connection with the trial process.; and (2) With regard to Alvogens request that Dr. Bodmeier's report be stricken and that he be precluded from testifying, (D.I. 463 at 3; D.I. 470 at 3), it is DENIED. The request is premised on the fact that after the Courts August 6 order that Dr. Bodmeier be deposed, (D.I. 433), Dr. Bodmeier was not available for deposition until at least today, September 9 (in fact, Dr. Bodmeier is to be deposed today by Alvogen). (D.I. 463 at 3) But the Court does not have the record to support a conclusion that this amounted to improper sandbagging by Plaintiffs. And, as it turned out, with the Court recently permitting Dr. Bodmeier to submit a sur-reply report, (D.I. 465), which was served on September 2, (D.I. 470 at 3), it probably made most sense for the deposition to occur when it did. Lastly, to the extent that Alvogen complained during oral argument about the parties' discussions regarding other discovery relating to infringement of the '857 patent, such argument was not in Alvogen's letter brief, which only addressed Dr. Bodmeier's deposition. (D.I. 463 at 3) So the Court will not address it here. Plus, as the Court set out in its August 28 order, there really should not be the need for much, if any, further discovery on this non-infringement argument, which was made in four paragraphs in the relevant report of Alvogen's expert. (D.I. 465). Ordered by Judge Christopher J. Burke on 9/9/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(dlb)
September 9, 2020 Opinion or Order SO ORDERED, re (473 in 1:18-cv-00192-CFC-CJB, 266 in 1:19-cv-00434-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Eric R. Sonnenschein filed by Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 9/9/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
September 8, 2020 Opinion or Order Filing 267 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Opposition to Defendants Motion to Strike Plaintiffs' Expert Opinions - re (264 in 1:19-cv-00434-CFC-CJB) Letter,. (Attachments: #1 Exhibits A-V)(Tigan, Jeremy)
September 8, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 9/8/2020 regarding Defendants' discovery dispute motion, (C.A. No. 18-192-CFC-CJB, D.I. 461; C.A. No. 19-434-CFC-CJB, D.I. 255). The Court took the matter under advisement and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: J. Blumenfeld, J. Tigan, E. Andersen, B. Bharkhda, A. Hansen for Plaintiff Pharmacyclics LLC; J. Blumenfeld, J. Tigan, I. Royzman, H. Lee for Plaintiff Janssen Biotech, Inc.; J. Higgins, S. Gutman for Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd.; D. Gattuso, N. Clayton and S. Abhyankar for Defendant Sandoz Inc.; B. Palapura, H. Stern, D. Danca for Defendant Zydus Worldwide. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
September 7, 2020 Opinion or Order Filing 266 MOTION for Pro Hac Vice Appearance of Attorney Eric R. Sonnenschein - filed by Pharmacyclics LLC. (Blumenfeld, Jack)
September 4, 2020 Opinion or Order Filing 265 ORAL ORDER: The Court, having reviewed Plaintiffs' motion seeking to strike certain disclosures of Defendant Alvogen Pine Brook LLC and Natco Pharma Ltd.'s (together "Alvogen") expert Dr. Jennifer Swift and of Zydus Worldwide DMCC ("Zydus"), Cadila Healthcare Ltd. ("Cadila"), Sandoz, Inc. and Lek Pharms. d.d.'s (together, "Sandoz" and with the other Defendants, "Moving Defendants") expert Dr. Gregory A. Stephenson, (Civil Action No. 18-192-CFC-CJB, D.I. 435; Civil Action No. 19-434-CFC-CJB, D.I. 229), and the briefing relating thereto, (Civil Action No. 18-192-CFC-CJB, D.I. 436; D.I. 448; D.I. 453), hereby ORDERS as follows: (1) With regard to Plaintiffs' request to strike Dr. Swift's opinions that two terms from the Crystalline Form Patents ("non-hygroscopic" and "unsolvated") are indefinite, it is GRANTED. Contrary to Alvogen's argument, (D.I. 448 at 4), the Court does not see how Dr. Swift disclosed these indefiniteness opinions in her opening expert report, (compare D.I. 448, ex. 2 at paras. 156-62, 330 with D.I. 436, ex. 1 at paras. 220-25, 230-42; id., ex. 2 at paras. 213, 227-35; id., ex. 3 at paras. 315-16). Moreover, Alvogen did not sufficiently explain how such late-rising opinions were driven by "new context" provided in the reports of Plaintiffs' infringement expert, Dr. Myerson, (D.I. 448 at 4 & n.7); indeed, Dr. Swift's indefiniteness opinions seem primarily driven by what was or was not disclosed in the patents-in-suit, material available to her when submitting her opening report. And because this late disclosure would have been surprising and prejudicial to Plaintiffs, and because with just weeks left until trial it is too late to be investigating new opinions/theories, this material should be stricken.; (2) With regard to Plaintiffs request to strike the anticipation arguments in Dr. Swift's reply based on the Advani 2010 and Fowler 2010 references regarding the '753 patent, and their request to strike the anticipation arguments in Dr. Swifts reply directed to the '455, '548 and '140 patents, these are DENIED. In her opening report, Dr. Swift performed a detailed analysis as to why Pollyea 2009 anticipated the '753 patent's claims, and then stated cursorily that this same analysis explained why Advani 2010 and Fowler 2010 anticipated that same patent's claims. And Dr. Swift performed a detailed analysis as to why certain references anticipated the claims of the '753 patent, and then stated cursorily that this same analysis largely explained why these references anticipated the claims of three other patents. Alvogen states that the reason why Dr. Swift took this route is that the rationale for anticipation was substantively similar across the various references/patents. (D.I. 448 at 2-3 & n.2-3) Although every reference has different content and every claim is a little bit different, the Court can see how in some cases, Alvogen's explanation for Dr. Swift's approach would make sense; in some other cases, it might not. They key here, however, is that Plaintiffs did not do enough to explain to the Court why this "cross-referencing" approach was insufficient in this particular case, on these particular facts. And as Alvogen notes, it seems that, at least in part, Plaintiffs' expert Dr. Myerson took the same cross-referencing approach in responding to Dr. Swift's arguments. (Id. at 3); (3) With regard to Plaintiffs' request to strike Dr. Swift's reply opinions that rely on certain documents not cited in her opening report or in Alvogen's final contentions, it is DENIED. It is not wrong per se for an expert to cite to a document in her reply report that was not cited in her opening report, so long as the material cited is offered to directly contradict or rebut the opposing party's expert's rebuttal report, see Helios Software, LLC v. SpectorSoft Corp., C.A. No. 12-081-LPS, 2014 WL 4796111, at *3 (D. Del. Sept. 18, 2014). Here, as Alvogen notes, (D.I. 448 at 3 & n.4), Dr. Swift tended to cite these documents as part of an explanation as to how she was attempting to rebut criticism in Dr. Myerson's rebuttal report. And the Court otherwise simply does not have enough to go on to conclude that these documents really should have fairly been cited in Dr. Swift's opening report.; (4) With regard to Plaintiffs' request to strike Dr. Swift's opinions in her reply report that claims 1 and 17 of the '753 patent are obvious over the claims of the '455 patent due to obviousness-type double-patenting, it is DENIED. The heart of Plaintiffs' argument seems to be that in paragraphs 260-61 of her reply report, Dr. Swift included material that should have been in her opening report on the subject. (D.I. 453 at 2) But so far as the Court can see, there is not a great difference between the content of those two paragraphs and the relevant paragraphs of Dr. Swift's opening report. (D.I. 448, ex. 2 at paras. 282-290); (5) With regard to Plaintiffs' request to strike portions of Dr. Stephenson's reply report in which he uses four new references (Fowler 2010, Honigberg 2010, Buggy and Honigberg '742) in making an obviousness argument, it is DENIED. This was a close call. But in his opening report, Dr. Stephenson did at least note that "various prior art references" indicated that ibrutinib was in clinical trials before June 4, 2012. (D.I. 448, ex. 10 at para. 135) Though he only disclosed the names of four references he was referring to in his reply brief (in response to criticism from Dr. Myerson), (see D.I. 436, ex. 5 at para. 42), and though it would have been more advisable for him to have named those references in the opening report, the references were not unfamiliar ones to Plaintiffs, (D.I. 448 at 5), and under the circumstances, the Court cannot say that this amounts to an untimely disclosure warranting the striking of such material. Moreover, the Court sees no evidence, contrary to Plaintiffs' statement, (D.I. 436 at 3), that these Defendants intend to use these references as part of a previously undisclosed obviousness combination. (Id., ex. 6 at 1). Ordered by Judge Christopher J. Burke on 9/4/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(dlb)
September 3, 2020 Opinion or Order Filing 264 [SEALED] Letter to The Honorable Christopher J. Burke from James L. Higgins regarding Defendants' Supplemental Letter in Support of Their Motion to Strike Plaintiffs' Untimely Opinions. (Attachments: #1 Exhibit 1 - 14)(Higgins, James)
September 3, 2020 Opinion or Order Filing 263 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Plaintiffs' Answering Discovery Dispute Letter Brief. (Attachments: #1 Exhibit A-R)(Tigan, Jeremy)
September 3, 2020 Opinion or Order Filing 262 REDACTED VERSION of (464 in 1:18-cv-00192-CFC-CJB, 258 in 1:19-cv-00434-CFC-CJB) Appendix, 1 to Defendants' Opening Discovery Dispute Letter Brief by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Lek Pharmaceuticals D.D., Sandoz Inc., Zydus Worldwide DMCC. (Lee, Steven)
September 3, 2020 Opinion or Order Filing 261 REDACTED VERSION of (257 in 1:19-cv-00434-CFC-CJB, 463 in 1:18-cv-00192-CFC-CJB) Letter, to The Honorable Christopher J. Burke from James L. Higgins, Esq., Bindu A. Palapura, Esq. and Dominick T. Gattuso regarding Defendants' Opening Discovery Dispute Letter Brief by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Lek Pharmaceuticals D.D., Sandoz Inc., Zydus Worldwide DMCC. (Lee, Steven)
September 1, 2020 Opinion or Order Filing 260 ORAL ORDER: The Court, having reviewed Defendants Alvogen Pine Brook LLC, Natco Pharma Ltd.'s (together "Alvogen"), Zydus Worldwide DMCC ("Zydus") and Cadila Healthcare Ltd.s ("Cadila") (collectively, "Moving Defendants") motion to strike certain opinions of Plaintiffs' experts, ("Moving Defendants' Motion"), (D.I. 437 in 18-192-CFC-CJB, D.I. #231 in 19-434-CFC-CJB), the briefing relating thereto, (Civil Action No. 18-192-CFC-CJB, D.I. 438; D.I. 449; D.I. 452), and having heard oral argument on August 24, 2020, ("Tr."), hereby ORDERS as follows with regard to the portions of Moving Defendants' Motion that the Court has not yet decided: (1) With regard to the request to strike opinions of various of Plaintiffs' experts regarding objective indicia of non-obviousness, it is DENIED. By the time of oral argument, it became clear to the Court that Moving Defendants' challenge here was really based on the fact that Plaintiffs, in their February 2020 supplemental interrogatory response regarding objective indicia (which was fairly robust, covering nearly 25 pages), (Civil Action No. 18-192-CFC-CJB, D.I. 450, ex. A at 49-72), did not sufficiently explain why Imbruvica was embodied by each of the claims (i.e., by including a chart comparing Imbruvica and its use to the respective claim requirements), so as to better explain why any objective indicia related to Imbruvica was also relevant to those claims, (Tr. at 91-94, 101-03). However, although Moving Defendants had previously asserted to Plaintiffs that Plaintiffs' interrogatory responses regarding objective indicia were deficient due to a failure of specificity as to the "purported nexus between any purported secondary consideration to the claimed subject matter of the asserted claims[,]" (D.I. 452, ex. 2 at 1; see also id. at 6; D.I. 438, ex. 5 at 1), or because "Plaintiffs' identification of 'Imbruvica' in its discussion of secondary considerations without identifying the particular product is also improper[,]" (D.I. 452, ex. 2 at 2), or due to the lack of specified "nexus between the purported inventions and any alleged indicia of non-obviousness" and the failure to "adequately identify the product(s) they contend establish non-obviousness, and the specific claims and patents that are implicated[,]" (D.I. 438, ex. 7 at 6), it is not clear to the Court that Moving Defendants ever previously articulated to Plaintiffs what they are now claiming is the specific alleged failing of Plaintiffs' prior responses (i.e., "The reason why your responses are insufficient is that you do not chart how Imbruvica reads on each claim limitation."). Indeed, even as late as oral argument, Plaintiffs' counsel still was unsure as to what specific alleged failing Moving Defendants were putting at issue. (Tr. at 97 (Plaintiffs' counsel noting "you can... see why we're struggling to understand what they wanted"); see also id. at 94-101, 104-05) In light of what seems like a moving target put forward by Moving Defendants, and in light of the otherwise robust substance of Plaintiffs' February 2020 responses regarding objective indicia, the Court does not find Plaintiffs' experts' opinions on this subject to be untimely.; (2) With regard to the request to strike certain arguments of Plaintiffs' expert Dr. Paul Reider regarding the alleged non-obviousness of the '309, '711 and '091 patents in light of Hirst Compound A and six other prior art references, (D.I. 438 at 4), it is DENIED. So far as the Court can tell from the record, Moving Defendants never disclosed any of the particular obviousness combinations at issue (save one) prior to the submission of their final invalidity contentions in January 2020. (D.I. 449 at 6-7 & n.10 (citing D.I. 450, exs. C & Y)) And those January 2020 contentions included these combinations within incredibly broad and vague disclosures that made reference to 20+-reference combinations; those kind of disclosures are hardly notice of anything. (Id. at 7 & n.10 (citing D.I. 450, ex. DD)) Thus, as a practical matter, Moving Defendants "failed to inform Plaintiffs of their obviousness theories until expert discovery[,]" (id. at 7 n.10), and so Dr. Reider's rebuttal report did not amount to a late disclosure, (see also D.I. 465).; and (3) With regard to the request to strike the rebuttal reports of certain of Plaintiffs' experts regarding indefiniteness, enablement, written description and double patenting of seven patents-in-suit, (D.I. 438 at 4), the Court does not have enough information to make a decision. This request to strike a particular Section 112 or double-patenting theory might be well-taken, but only (at a minimum) if Moving Defendants could show the Court: (a) how they clearly disclosed that theory well before final invalidity contentions were due in January 2020; (b) how the same theory was thereafter found in their opening expert reports on invalidity; and (c) how Plaintiffs never provided any substantive response to that theory until the submission of Plaintiffs' rebuttal expert reports regarding invalidity. (If a theory does not at least meet the above criteria, the Court will not be striking Plaintiffs' response to that theory from Plaintiffs' rebuttal expert reports.). Yet the current record is too jumbled and unclear--it does not allow the Court to easily determine which of Moving Defendants' theories might meet these three criteria and which might not. Therefore, by no later than September 3, 2020, Moving Defendants may submit a supplemental letter of no more than three single-spaced pages that attempts to make this showing (with specific pin cites to relevant pages of the respective discovery/reports). Plaintiffs may file a responsive letter by no later than September 8, 2020, of no more than three single-spaced pages, which disputes that such criteria has been met as to a theory, or argues that even if it has, Plaintiffs' response should not be stricken.Ordered by Judge Christopher J. Burke on 9/1/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
August 28, 2020 Opinion or Order Filing 259 ORAL ORDER: The Court, having reviewed Plaintiffs' motion to strike certain opinions of Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd.s (together "Alvogen") experts Dr. Reza Fassihi and Dr. Michael L. Grossbard and Defendants Zydus Worldwide DMCC ("Zydus") and Cadila Healthcare Ltd.'s ("Cadila") expert Dr. Leslie Oleksowicz ("Plaintiffs' Motion"), (Civil Action No. 18-192-CFC-CJB, D.I. 418; Civil Action No. 19-434-CFC-CJB, D.I. 212), as well as the related portions of the four above-listed Defendants' (collectively, "Moving Defendants") motion to strike certain opinions of Plaintiffs' experts Dr. Robert Williams and Dr. Simon Rule (along with an accompanying declaration of Dr. Joseph Buggy (the "Buggy Declaration")) ("Moving Defendants' Motion"), (Civil Action No. 18-192-CFC-CJB, D.I. 437; Civil Action No. 19-434-CFC-CJB, D.I. 231), the briefing relating thereto, (Civil Action No. 18-192-CFC-CJB, D.I. 419; D.I. 434; D.I. 440; D.I. 438 at 1-2, 3-4; D.I. 449 at 2-4, 6; D.I. 452 at 2-3), and having heard oral argument on both motions on August 24, 2020, ("Tr."), hereby ORDERS as follows: (1) As to the issues regarding Dr. Rule/Dr. Buggy and Dr. Grossbard/Dr. Oleksowicz, they all stem from the fact that in Dr. Rule's rebuttal report, he introduced for the first time an argument that three of Moving Defendants' invalidity references (Advani 2010, the December 2009 Press Release and Roth 2010) do not constitute prior art. (D.I. 438 at 1 & n.2) Dr. Rule came to this conclusion based in significant part on the content of the Buggy Declaration, which was first served in May 2020 and which asserted that the three references were not prior art because they constituted an '090 patent inventor's (i.e. Dr. Buggy's) own work. (Id. (citing D.I. 439, App. A-2 & A-4)) The Court agrees with Moving Defendants that Dr. Rule's opinions and the Buggy Declaration were untimely submitted under Rule 26. In their initial invalidity contentions served back in November 2018, certain Defendants in the now-consolidated action (including Zydus/Cadila) clearly asserted that these three references at issue constituted relevant prior art. (D.I. 438, ex. 1 at 117-18, 130, 131-32) (Alvogen did not enter the litigation as a Defendant until much later, in mid-2019; it first identified the December 2009 Press Release in its initial invalidity contentions (or "IICs") on Aug. 28, 2019 and first identified Advani 2010 and Roth 2010 in its final invalidity contentions (or "FICs") on Jan. 30, 2020.). (D.I. 450, ex. U at 90-97 & ex. Y at 81-83) Yet in response to certain Defendants' interrogatories, which long ago sought Plaintiffs' position as to why the claims at issue are not invalid and why any asserted prior art did not qualify as prior art, Plaintiffs never explained that the three references at issue did not qualify as prior art because they were Dr. Buggy's own work. (D.I. 434 at 3; D.I. 438 at 2 & n.4) Instead, Plaintiffs did not put that theory forward until the submission of Dr. Rule's May 2020 rebuttal report. (Tr. at 56) Though this is a big case with lots of issues, that amount of delay in asserting this theory--one that would have been relevant since November 2018 and one that would have been well familiar to Dr. Buggy in November 2018 and at all times thereafter--is beyond the pale. (Id. at 66-67) And as to this issue, the Pennypack factors support exclusion, because: (a) given the length of time between when the references were first identified and when Dr. Rule's report was filed, Plaintiffs' late disclosure would have surprised and prejudiced Moving Defendants and (b) since trial begins on October 13, and since the question of who did or did not invent what portion of the claimed inventions is a very fact-specific endeavor, the parties could not complete the significant additional work needed to fairly investigate this theory prior to trial. (D.I. 438 at 5); see also TQ Delta, LLC v. ADTRAN, Inc., Civil Action No. 14-954-RGA, Civil Action No. 15-121-RGA, 2019 WL 4346530, at *2 (D. Del. Sept. 12, 2019). Thus, the Court GRANTS Moving Defendants' Motion to strike the challenged material. It also GRANTS Plaintiffs' Motion regarding Dr. Grossbard's/Dr. Oleksowicz's reports, since Moving Defendants have indicated they will not pursue those challenged theories if their own motion regarding Dr. Rule and Dr. Buggy is granted. (D.I. 434 at 1 & n.1, 3-4); and (2) With regard to the issues regarding Dr. Williams and Dr. Fassihi, these stem from the fact that Dr. Williams, in the portion of his rebuttal report regarding validity of the '857 patent, opined for the first time that a POSITA would not have been motivated to combine the teachings of the Goldstein reference with other references because Goldstein does not teach immediate release dosage forms. (D.I. 439, App. A-14) It is a close call, but under the unique circumstances here, the Court does not find Dr. Williams' disclosure to be untimely. That is because Alvogen did not itself disclose its reliance on the Goldstein reference until its Jan. 30, 2020 FICs--FICs that included approximately 500 more pages of contentions than were in Alvogen's IICs. (D.I. 450, ex. U at 166-206; Tr. at 12, 44) And this put Plaintiffs in a bind, because: (a) the fact discovery period (the period when Plaintiffs might normally be expected to update their contention-related interrogatory responses) had already closed, and (b) opening expert reports (wherein Alvogen might well be expected to further narrow or refine its invalidity theories) were due just a month later (on Feb. 28, 2020, later moved to early March 2020). (D.I. 449 at 1, 6; see also D.I. 438, ex. 8 at 1; Tr. at 13, 15) Under those circumstances, the Court does not find that Plaintiffs' decision to respond to Goldstein in Dr. Williams' May 2020 rebuttal report (and not before) amounts to an untimely disclosure. Therefore, the Court DENIES Moving Defendants' Motion on this ground. Additionally, with regard to Plaintiffs' Motion, which seeks to strike Dr. Fassihi's opinion that Alvogen does not infringe the patent to the extent the patent's claims are directed to immediate release solid tablet formulations of ibrutinib, (D.I. 419 at 1), it appears that the parties (including Alvogen) were not aware that they had a dispute over whether the patents claims cover such formulations until Dr. Williams' report was submitted in May 2020, (D.I. 434 at 1-2 & n.3; Tr. at 25, 30-32, 48). Thus, the Court does not understand Plaintiffs' view that Alvogen "could have presented [this] opinion[] in their contentions and earlier reports[.]" (D.I. 419 at 2) And as for Plaintiffs' assertion that Alvogen's non-infringement argument is not "credible[,]" (D.I. 440 at 1; see also Tr. at 20, 31), the Court is in no position to adjudicate that issue here. Thus, the Court DENIES Plaintiffs Motion in this regard. It also GRANTS Plaintiffs' request to file a sur-reply report regarding Alvogen's infringement of the '857 patent, (D.I. 419 at 3), and ORDERS that the parties meet and confer regarding the appropriate due date of that filing and the scope of any additional required discovery on this issue. The Court concludes that this path makes sense, as it is unconvinced that any further work needed on this non-infringement theory, which is set out in only four paragraphs of Dr. Fassihi's report, could not be fully addressed prior to trial. (D.I. 434 at 5). Ordered by Judge Christopher J. Burke on 8/28/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
August 27, 2020 Opinion or Order Filing 258 [SEALED] APPENDIX re (257 in 1:19-cv-00434-CFC-CJB, 463 in 1:18-cv-00192-CFC-CJB) Letter, [in Support of Defendants' Opening Discovery Dispute Letter Brief] by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Lek Pharmaceuticals D.D., Sandoz Inc., Zydus Worldwide DMCC. (Higgins, James)
August 27, 2020 Opinion or Order Filing 257 [SEALED] Letter to The Honorable Christopher J. Burke from James L. Higgins, Esq., Bindu A. Palapura, Esq. and Dominick T. Gattuso regarding Defendants' Opening Discovery Dispute Letter Brief - re (255 in 1:19-cv-00434-CFC-CJB, 461 in 1:18-cv-00192-CFC-CJB) Joint MOTION for Discovery Teleconference to Resolve Discovery Disputes, (457 in 1:18-cv-00192-CFC-CJB, 251 in 1:19-cv-00434-CFC-CJB) Order Setting Teleconference,,,,,,. (Attachments: #1 Exhibit A - F)(Higgins, James)
August 27, 2020 Opinion or Order Filing 256 REDACTED VERSION of (452 in 1:18-cv-00192-CFC-CJB, 247 in 1:19-cv-00434-CFC-CJB) Letter, regarding Reply in Support of Defendants' Motion to Strike Plaintiffs' Untimely Opinions by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Zydus Worldwide DMCC. (Higgins, James)
August 27, 2020 Opinion or Order Filing 255 Joint MOTION for Discovery Teleconference to Resolve Discovery Disputes - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. Motions referred to Christopher J. Burke.(Higgins, James)
August 25, 2020 Opinion or Order Filing 254 Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esq. regarding Status Teleconference. (Gattuso, Dominick)
August 25, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 8/25/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
August 24, 2020 Opinion or Order Filing 253 REDACTED VERSION of (450 in 1:18-cv-00192-CFC-CJB, 245 in 1:19-cv-00434-CFC-CJB) Exhibit to a Document, by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
August 24, 2020 Opinion or Order Filing 252 REDACTED VERSION of (244 in 1:19-cv-00434-CFC-CJB, 449 in 1:18-cv-00192-CFC-CJB) Letter, by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
August 24, 2020 Opinion or Order Filing 251 ORDER Setting Teleconference: The Court has reviewed the parties' August 21, 2020 letter requesting a discovery teleconference regarding two discovery disputes. (Civil Action No. 18-192-CFC-CJB, D.I. 454; Civil Action No. 19-434-CFC-CJB D.I. 249) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for 9/8/2020 at 04:00 PM before Judge Christopher J. Burke.; (2) By no later than August 27, 2020, all relevant Defendants jointly shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and their position on those issues.; (3) By no later than September 3, 2020, Plaintiffs Pharmacyclics LLC and Janssen Biotech, Inc. may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition.; (4) 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.; (5) By no later than September 3, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve these disputes prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 8/24/2020. Associated Cases: 1:19-cv-00434-CFC-CJB, 1:18-cv-00192-CFC-CJB(mlc)
August 24, 2020 Opinion or Order Filing 250 REDACTED VERSION of (243 in 1:19-cv-00434-CFC-CJB, 448 in 1:18-cv-00192-CFC-CJB) Letter, regarding Response in Opposition to Plaintiffs' Second Motion to Strike by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Lek Pharmaceuticals D.D., Sandoz Inc., Zydus Worldwide DMCC. (Higgins, James)
August 24, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Telephonic Motion Hearing held on 8/24/2020 regarding D.I. (437 in 1:18-cv-00192-CFC-CJB, 231 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Plaintiffs' Untimely Opinions filed by Zydus Worldwide DMCC, Alvogen Pine Brook LLC, Natco Pharma Ltd., (212 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions filed by Janssen Biotech, Inc., Pharmacyclics LLC, (418 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions filed by Janssen Biotech Inc., Pharmacyclics LLC. The Court heard argument and will issue opinions resolving the motions. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: J. Blumenfeld, J. Tigan, E. Andersen, B. Bharkhda, C. Sipes for Plaintiff Pharmacyclics LLC; J. Blumenfeld, J. Tigan, C. Willgoos, I. Royzman for Plaintiff Janssen Biotech, Inc.; J. Higgins, S. Lee, S. Gutman and D. Hanna for Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd.; D. Gattuso, N. Clayton and S. Abhyankar for Defendant Sandoz Inc. and Lek Pharmaceuticals; B. Palapura, D. Moore, H. Stern, D. Danca for Defendant Zydus Worldwide. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
August 21, 2020 Opinion or Order Filing 249 Letter to The Honorable Christopher J. Burke from Melanie K. Sharp, Esq. regarding Request for Scheduling of a Discovery Teleconference. (Sharp, Melanie)
August 20, 2020 Opinion or Order Filing 248 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Reply in Support of Plaintiffs' Motion to Strike Defendants' Untimely Crystalline Form Expert Disclosures - re (229 in 1:19-cv-00434-CFC-CJB, 435 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions . (Tigan, Jeremy)
August 20, 2020 Opinion or Order Filing 247 [SEALED] Letter to The Honorable Christopher J. Burke from James L. Higgins, Esq. and David E. Moore, Esq. regarding Reply in Support of Defendants' Motion to Strike Plaintiffs' Untimely Opinions - re (437 in 1:18-cv-00192-CFC-CJB, 231 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Plaintiffs' Untimely Opinions . (Attachments: #1 Exhibit 1-6)(Higgins, James)
August 19, 2020 Opinion or Order SO ORDERED, re (442 in 1:18-cv-00192-CFC-CJB, 237 in 1:19-cv-00434-CFC-CJB) Joint STIPULATION and Order re deadline for the parties to complete expert discovery. Signed by Judge Colm F. Connolly on 8/19/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
August 19, 2020 Opinion or Order ORAL ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephonic Status Conference is set for 8/25/2020 at 11:00 AM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 8/19/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
August 18, 2020 Opinion or Order Filing 246 REDACTED VERSION of (234 in 1:19-cv-00434-CFC-CJB, 440 in 1:18-cv-00192-CFC-CJB) Letter, by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Attachments: #1 Exhibits A-L)(Ward, Jennifer)
August 17, 2020 Opinion or Order Filing 245 [SEALED] EXHIBIT re (244 in 1:19-cv-00434-CFC-CJB, 449 in 1:18-cv-00192-CFC-CJB) Letter, Exhibits A-HH to Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Brief in Opposition to Defendants' Motion to Strike Plaintiffs' Expert Opinions by Janssen Biotech Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit A-V, #2 Exhibit W-HH)(Tigan, Jeremy)
August 17, 2020 Opinion or Order Filing 244 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Brief in Opposition to Defendants' Motion to Strike Plaintiffs' Expert Opinions - re (437 in 1:18-cv-00192-CFC-CJB, 231 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Plaintiffs' Untimely Opinions . (Tigan, Jeremy)
August 17, 2020 Opinion or Order Filing 243 [SEALED] Letter to The Honorable Christopher J. Burke from James L. Higgins, Esq., David E. Moore, Esq. and Dominick T. Gattuso, Esq. regarding Response in Opposition to Plaintiffs' Second Motion to Strike - re (229 in 1:19-cv-00434-CFC-CJB, 435 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions . (Attachments: #1 Exhibit 1-12)(Higgins, James)
August 17, 2020 Opinion or Order Filing 242 REDACTED VERSION of (230 in 1:19-cv-00434-CFC-CJB, 436 in 1:18-cv-00192-CFC-CJB) Letter, by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Attachments: #1 Exhibits 1-7)(Ward, Jennifer)
August 17, 2020 Opinion or Order Filing 241 REDACTED VERSION of (229 in 1:19-cv-00434-CFC-CJB, 435 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Ward, Jennifer)
August 17, 2020 Opinion or Order Filing 240 REDACTED VERSION of (439 in 1:18-cv-00192-CFC-CJB, 233 in 1:19-cv-00434-CFC-CJB) Appendix, to Defendants' Motion to Strike Plaintiffs' Untimely Opinions by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Zydus Worldwide DMCC. (Lee, Steven)
August 17, 2020 Opinion or Order Filing 239 REDACTED VERSION of (232 in 1:19-cv-00434-CFC-CJB, 438 in 1:18-cv-00192-CFC-CJB) Letter, in Support of Defendants' Motion to Strike Plaintiffs' Untimely Opinions by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Zydus Worldwide DMCC. (Lee, Steven)
August 17, 2020 Opinion or Order Filing 238 REDACTED VERSION of (437 in 1:18-cv-00192-CFC-CJB, 231 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Plaintiffs' Untimely Opinions by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Zydus Worldwide DMCC. (Lee, Steven)
August 17, 2020 Opinion or Order ORAL ORDER REFERRING MOTIONS TO Magistrate Judge Christopher J. Burke: (437 in 1:18-cv-00192-CFC-CJB, 231 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Plaintiffs' Untimely Opinions, (229 in 1:19-cv-00434-CFC-CJB, 435 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions. Ordered by Judge Colm F. Connolly on 8/17/2020. Motions referred to Magistrate Judge Christopher J. Burke.Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(nmf)
August 14, 2020 Opinion or Order Filing 237 Joint STIPULATION and [Proposed] Order re deadline for the parties to complete expert discovery by Zydus Worldwide DMCC. (Palapura, Bindu)
August 14, 2020 Opinion or Order Filing 236 REDACTED VERSION of (228 in 1:19-cv-00434-CFC-CJB, 434 in 1:18-cv-00192-CFC-CJB) Letter Defendants' Responsive Letter Brief in Opposition to Plaintiffs' Motion to Strike by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Zydus Worldwide DMCC. (Higgins, James)
August 12, 2020 Opinion or Order Filing 235 NOTICE OF SERVICE of Supplemental Report of Michael L. Grossbard, M.D. filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Lee, Steven)
August 11, 2020 Opinion or Order Filing 234 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Plaintiffs' Reply Letter Brief Regarding Motion to Strike Defendants' Untimely Expert Opinions - re (212 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, (418 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions. (Attachments: #1 Exhibits A-L)(Tigan, Jeremy)
August 10, 2020 Opinion or Order Filing 233 [SEALED] APPENDIX re (232 in 1:19-cv-00434-CFC-CJB, 438 in 1:18-cv-00192-CFC-CJB) Letter, Appendix of Opinion Subject to Defendants' Motion to Strike by Alvogen Pine Brook LLC, Natco Pharma Ltd., Zydus Worldwide DMCC. (Attachments: #1 Appendix Vol. 2 (A6-A10), #2 Appendix Vol. 3 (A11 Part 1), #3 Appendix Vol. 3 (A11 Part 2), #4 Appendix Vol. 4 (A12-A18), #5 Appendix Vol. 5 (A19-A22))(Higgins, James)
August 10, 2020 Opinion or Order Filing 232 [SEALED] Letter to The Honorable Christopher J. Burke from James L. Higgins and Dave E. Moore regarding Defendants' Motion to Strike Plaintiffs' Untimely Opinions - re (437 in 1:18-cv-00192-CFC-CJB, 231 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Plaintiffs' Untimely Opinions . (Attachments: #1 Exhibit 1-14)(Higgins, James)
August 10, 2020 Opinion or Order Filing 231 [SEALED] MOTION to Strike Plaintiffs' Untimely Opinions - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd., Zydus Worldwide DMCC. Motions referred to Christopher J. Burke.(Higgins, James)
August 10, 2020 Opinion or Order Filing 230 [SEALED] Letter to to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Plaintiffs' Motion to Strike Defendants' Untimely Crystalline Form Expert Disclosures - re (229 in 1:19-cv-00434-CFC-CJB, 435 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions . (Attachments: #1 Exhibits 1-7)(Tigan, Jeremy)
August 10, 2020 Opinion or Order Filing 229 [SEALED] MOTION to Strike Defendants' Untimely Expert Opinions - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy)
August 7, 2020 Opinion or Order Filing 228 [SEALED] Letter to The Honorable Christopher J. Burke from James L. Higgins and Dave E. Moore regarding Responsive Letter in Opposition to Plaintiffs' Motion to Strike. (Attachments: #1 Exhibit 1-9)(Higgins, James)
August 6, 2020 Opinion or Order Filing 227 ORAL ORDER: The Court, having considered the remaining portions of the Alvogen Defendants' discovery dispute motion (joined by the Sandoz and Zydus Defendants with respect to various portions), ("Motion"), (D.I. (431 in 1:18-cv-00192-CFC-CJB); D.I. (219 in 1:19-cv-00434-CFC-CJB), the parties' letter briefs relating thereto, (Civil Action No. 18-192-CFC-CJB, D.I. 424; D.I. 427), and having heard argument on August 3, 2020, hereby ORDERS as follows: (1) With respect to Alvogen, Sandoz and Zydus's request that the Court order each of Drs. Myerson and Williams to appear for one or more depositions lasting no more than ten hours of record time, (Civil Action No. 18-192-CFC-CJB, D.I. 424 at 5), the Motion is GRANTED. The Court agrees with Defendants that their suggested compromise of ten hours for each deposition is a reasonable one under the rules, and that ten hours is an appropriate length of time for the reasons Defendants express in their letter. (Id.) As for Plaintiffs' request that the Court order that Drs. Fassihi and Swift each appear for eight hours on the record, (Civil Action No. 18-192-CFC-CJB, D.I. 427 at 6), the request is also GRANTED. While Drs. Myerson and Williams provided opinions on infringement and invalidity in two separate actions (technically entitling Defendants to 14 hours of deposition time as to these witnesses, and making 10 hours a reasonable compromise), Drs. Fassihi and Swift provided opinions in only one action with respect to the Alvogen Defendants. That said, it does seem like the two experts have a lot of material to cover, so a total of eight hours for their depositions (i.e. more than the typical seven-hour limit) makes sense here. (Id.); (2) With respect to Alvogen, Sandoz and Zydus's request that the Court: (a) strike each argument Plaintiffs make against Alvogen, Sandoz and Zydus that is supported only by documents produced by other Defendants; and (b) order that Plaintiffs cannot use one Defendant's documents as evidence against another Defendant, (Civil Action No.18-192-CFC-CJB, D.I. 424 at 5), the Motion is DENIED. In their letter, Defendants premised this request on the assertion that "[u]nder the Protective Orders, defendants do not have access to other defendants' confidential information, whereas Plaintiffs have access to confidential information from all defendants. (Id. at 5 n.3) However, the Protective Orders do appear to allow for cross-disclosure of one Defendant's confidential information to another Defendant. (Civil Action No. 18-192-CFC-CJB, D.I. 427 at 6 (citing Civil Action No. 18-192-CFC-CJB, D.I. 50 at paras. 8, 6(c), 6(i); Civil Action 19-434-CFC-CJB, D.I 62, at para. 18)) To the extent that Defendants' counsel raised a separate issue during the teleconference (i.e., that Plaintiffs have not actually produced to it certain of these documents that Plaintiffs intend to rely on), that issue is not presently ripe before the Court. The parties shall continue to further meet and confer with respect to that issue, and to the extent they cannot resolve the issue, they may utilize the Court's discovery dispute procedures.; (3) With respect to Alvogen's request that the Court compel the deposition of Plaintiffs' expert Dr. Roland Bodmeier, (Civil Action No. 18-192-CFC-CJB, D.I. 424 at 6), the Motion is GRANTED. Although Plaintiffs contend that there are no genuine issues in dispute with respect to Dr. Bodmeier's opinion of infringement of the asserted claims of the '857 patent, (Civil Action No. 18-192-CFC-CJB, D.I. 427 at 4-5), there is currently no stipulation to infringement regarding this patent; thus, this remains a live issue in the case. Pursuant to Federal Rule of Civil Procedure 26(b)(4)(A), "[a] party may depose any person who has been identified as an expert whose opinions may be presented at trial." In light of this Rule and the fact that infringement of the '857 patent remains a live issue, the Court has no basis to prohibit Alvogen from deposing Dr. Bodmeier at this time. That said, Alvogen should recognize that: (a) it may be a waste of resources for Alvogen to proceed with taking a deposition in this large, complex case with respect to an issue that it may well know will not ultimately be contested; and (b) if Alvogen takes the deposition, and it turns out later to have been wasteful, Plaintiffs will likely seek relief from the Court. (See Civil Action No. 19-434-CFC-CJB, D.I. 176 at 60-61); and (4) With respect to Alvogen and Zydus's request that Plaintiffs serve updated expert reports deleting all opinions that relied upon Plaintiffs' expert Dr. Steven Coutre, (Civil Action No. 18-192-CFC-CJB, D.I. 424 at 6), the Motion is DENIED. There is no dispute that: (a) Plaintiffs have withdrawn the report of Dr. Coutre; and (b) all opinions that relied upon Dr. Coutre's report have been withdrawn by both parties. (Id.) Defendants nevertheless assert that it is "often unclear which of the other experts' opinions rely upon Dr. Coutre's report," (id.), but they do not sufficiently explain how that is so, (Civil Action No. 18-192-CFC-CJB, D.I. 427 at 5). The Court will not require Plaintiffs to do unnecessary work in these complex cases that are fast approaching trial.Ordered by Judge Christopher J. Burke on 8/6/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
August 5, 2020 Opinion or Order Filing 226 ORAL ORDER: The Court, having considered the portion of the Alvogen and Zydus Defendants' ("Defendants") discovery dispute motion, ("Motion"), (D.I. (431 in 1:18-cv-00192-CFC-CJB); D.I. (219 in 1:19-cv-00434-CFC-CJB), requesting to proceed with taking various discovery pending resolution of Alvogen's motions to strike Plaintiffs' allegedly untimely expert reports ("motions to strike"), (Civil Action No. 18-192-CFC-CJB, D.I. 424 at 1-4), the parties' letter briefs relating thereto, (Civil Action No. 18-192-CFC-CJB, D.I. 424; D.I. 427), and having heard argument on August 3, 2020, hereby ORDERS that this portion of the Motion is DENIED. Instead of ordering that such discovery should proceed forward now, the Court will follow its typical path in this scenario, which is to first adjudicate the motions to strike (which Defendants have not even filed yet) and, only after deciding whether the portions of the expert reports at issue should be stricken, to then assess whether any additional discovery is even needed or warranted (and if so, how to accomplish it). Indeed, even some portions of Defendants' briefing implicitly suggest that this is the right course. (Civil Action No. 18-192-CFC-CJB, D.I. 424 at 3 ("If the Court is not inclined to strike Plaintiffs untimely expert reports, Alvogen asks the Court to order the following discovery to proceed without delay."); see also id. at 4) As for Defendants' argument that if they "are to have an opportunity to meaningfully address Plaintiffs' new theories, they cannot wait to begin taking discovery pending a ruling on the motions to strike, particularly in view of the fast approaching October 13 trial[,]" (id.), it appears that Defendants could have moved sooner with respect to at least certain of the requested discoverysuch as the fact witnesses relevant to the Buggy Declaration that they now seek to depose. While Defendants received Plaintiffs' rebuttal reports relying on the Buggy Declaration on May 18, 2020, it appears that they waited five weeks to ask for Plaintiffs' consent to proceed with subpoenas of these fact witnesses. (Civil Action No. 18-192-CFC-CJB, D.I. 410; D.I. 427 at 2 & n.6) In any event, in a case where the parties have much still to do before trial, it does not make sense from a cost or efficiency perspective to order that certain discovery occur, before deciding whether that discovery is even necessary. Ordered by Judge Christopher J. Burke on 8/5/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
August 3, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Conference held on 8/3/2020. The Court heard argument regarding the parties' discovery disputes, (D.I. 431 in Civil Action No. 18-192; D.I. 219 in Civil Action No. 19-434), and took the matters under advisement. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: J. Blumenfeld, J. Tigan, E. Andersen, B. Bharkhda, C. Willgoos for Plaintiffs; M. Sharp, J. Higgins, S. Lee, S. Gutman, D. Hanna for Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd.; D. Gattuso, Natalie. Clayton and S. Abhyankar for Defendant Sandoz Inc.; B. Palapura, H. Stern and J. Guhaniyogi for Defendants Zydus Worldwise DMCC and Cadilla Healthcare Ltd. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
August 3, 2020 Opinion or Order Filing 225 ORAL ORDER: The Court, having considered the portion of the Alvogen and Zydus Defendants' discovery dispute motion ("Motion"), (D.I. (219 in 1:19-cv-00434-CFC-CJB)), in which they request the Court's guidance on a procedure for moving to strike expert testimony, (Civil Action No. 18-192-CFC-CJB, D.I. 424 at 1), the parties' letter briefs relating thereto, (Civil Action No. 18-192-CFC-CJB, D.I. 424 at 1; Civil Action No. 18-192-CFC-CJB, D.I. 427 at 4), and having heard argument on August 3, 2020, hereby ORDERS as follows: (1) With respect to Plaintiffs' Motion to Strike Defendants' Untimely Expert Opinions (Civil Action No. 18-192, D.I. 418; Civil Action No. 19-434, D.I. 212), any Defendant(s) opposing the motion shall file a responsive letter, not to exceed five (5) single-spaced pages, by August 7, 2020. Plaintiffs shall file a reply letter, not to exceed two (2) single-spaced pages, by August 11, 2020. (2) With respect to the motion to strike that Defendants intend to file discussed during the teleconference, they shall file such motion and an accompanying letter, not to exceed five (5) single-spaced pages, describing the basis for the requested relief and attaching the document(s) contain the materials to be stricken, by no later than August 10, 2020. Plaintiffs shall file a responsive letter, not to exceed eight (8) single-spaced pages, by August 17, 2020. Defendants shall file a reply letter, not to exceed three (3) single-spaced pages, by August 20, 2020. (3) If the parties intend to file any other motions to strike, they shall do so by August 10, 2020, and the briefing shall follow the standard process set out in Judge Burke's "Rule 16 Scheduling Order - Patent" absent further order of the Court. (4) A teleconference regarding all then-pending motions to strike is set for August 24, 2020 at 1:00 p.m. before Judge Christopher J. Burke. By no later than August 21, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.Ordered by Judge Christopher J. Burke on 8/3/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(mlc)
July 31, 2020 Opinion or Order Filing 224 REDACTED VERSION of (222 in 1:19-cv-00434-CFC-CJB, 424 in 1:18-cv-00192-CFC-CJB) Letter, to The Honorable Christopher J. Burke from James L. Higgins, Esq. regarding Discovery Disputes by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Lek Pharmaceuticals D.D., Sandoz Inc., Zydus Worldwide DMCC. (Higgins, James)
July 30, 2020 Opinion or Order Filing 223 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Disputes. (Attachments: #1 Exhibit A-O)(Tigan, Jeremy)
July 24, 2020 Opinion or Order Filing 222 [SEALED] Letter to The Honorable Christopher J. Burke from James L. Higgins, Esq. regarding Discovery Disputes - re (421 in 1:18-cv-00192-CFC-CJB, 218 in 1:19-cv-00434-CFC-CJB) Order Setting Teleconference,,,,,,,. (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibits 1 - 21)(Higgins, James)
July 24, 2020 Opinion or Order CORRECTING ENTRY: The date of the mediation in the Oral Order at DI 221 should be 8/28/20. (cak)
July 23, 2020 Opinion or Order Filing 221 ORAL ORDER re #194 Order Setting Mediation Conferences: Mediation in this matter scheduled for 8/28/20 with Judge Thynge will now be conducted telephonically. The mediation will begin at 10:00 a.m. Eastern Time. The logistics of the telephonic mediation shall be as follows: unless counsel otherwise agree, Plaintiff shall arrange for a dial-in number for a joint discussion conference line for the Judge and all counsel, to use throughout the mediation process on the date and at the time when mediation is scheduled to begin. This line shall be available throughout mediation should the Judge wish to hold discussions with all counsel and parties. Plaintiff(s) counsel shall arrange for a separate conference line for private discussion with the Judge throughout the mediation process. Defense counsel shall arrange for a separate conference line for private discussions with the Judge throughout the mediation process. These conference lines shall remain open for use by counsel and the Judge until the mediation session is concluded. Counsel shall advise by email to Judge Thynge and Ms. Kennedy all conference numbers (for the joint line, plaintiff only line and defense only line) no later than 24 hours prior to the scheduled mediation date and time. Ordered by Judge Mary Pat Thynge 7/23/20. (cak) Modified on 7/24/2020 (cak).
July 22, 2020 Opinion or Order Filing 220 NOTICE of Change of Address by Jeremy A. Tigan (Tigan, Jeremy)
July 22, 2020 Opinion or Order Filing 219 Joint MOTION for Discovery Teleconference to Resolve Discovery Disputes - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. Motions referred to Christopher J. Burke.(Higgins, James)
July 21, 2020 Opinion or Order Filing 218 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' July 20, 2020 letters requesting a discovery teleconference regarding six discovery disputes. (D.I. 215; D.I. 216) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for August 3, 2020 at 11:30 a.m. before Judge Christopher J. Burke.; (2) By no later than July 24, 2020, all relevant Defendants jointly shall file a letter, not to exceed six (6) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than July 30, 2020, Plaintiffs Pharmacyclics LLC and Janssen Biotech, Inc. may file a letter, not to exceed six (6) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) 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.; (5) United States District Court for the District of Delaware Local Rule 30.2 shall apply pending resolution of the parties' dispute regarding the depositions of five fact witnesses (Drs. Advani, Hamdy, Pollyea, Loury, and Fyfe).; (6) By no later than July 30, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (7) It is possible that the Court may choose to resolve these disputes prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 7/21/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(dlb)Modified on 7/21/2020 (dlb).
July 20, 2020 Opinion or Order Filing 217 SUBPOENA Returned Executed as to Ranjana Advani on July 18, 2020 (Attachments: #1 Exhibit 1)(Higgins, James)
July 20, 2020 Opinion or Order Filing 216 Letter to The Honorable Christopher J. Burke from James L. Higgins, Esq. regarding Request for Scheduling of a Discovery Teleconference. (Higgins, James)
July 20, 2020 Opinion or Order Filing 215 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for a Discovery Dispute Teleconference. (Tigan, Jeremy)
July 20, 2020 Opinion or Order MOTION REFERRED: #212 MOTION to Strike Defendants' Untimely Expert Opinions Motion referred to Magistrate Judge Christopher J. Burke.(nmf)
July 17, 2020 Opinion or Order Filing 214 Amended NOTICE of of Subpoena of Ranjana Advani by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit A)(Higgins, James)
July 17, 2020 Opinion or Order Filing 213 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Plaintiffs' Motion to Strike Defendants' Untimely Expert Opinions - re (212 in 1:19-cv-00434-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, (418 in 1:18-cv-00192-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions. (Attachments: #1 Exhibit A-F)(Tigan, Jeremy)
July 17, 2020 Opinion or Order Filing 212 MOTION to Strike Defendants' Untimely Expert Opinions - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
July 17, 2020 Opinion or Order SO ORDERED, re #210 MOTION for Pro Hac Vice Appearance of Attorney Daniel Williams filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 7/17/2020. (nmf)
July 16, 2020 Opinion or Order Filing 211 SUBPOENA Returned Executed as to Ranjana Advani, Ahmed Hamdy, Gwen Fyfe, David James Loury, and Daniel A. Pollyea on July 7, 2020; July 8, 2020; July 8, 2020; July 13, 2020; and July 14, 2020, respectively (Attachments: #1 Exhibit 1-5)(Higgins, James)
July 16, 2020 Opinion or Order Filing 210 MOTION for Pro Hac Vice Appearance of Attorney Daniel Williams - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
July 15, 2020 Opinion or Order Filing 209 NOTICE to Take Deposition of Roland Bodmeier on July 28, 2020 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
July 15, 2020 Opinion or Order Filing 208 NOTICE to Take Deposition of Fabia Gozzo on July 29, 2020 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
July 13, 2020 Opinion or Order Filing 207 NOTICE to Take Deposition of Paul J. Reider on July 17, 2020 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd., Cadila Healthcare Limited, Zydus Worldwide DMCC.(Higgins, James)
July 13, 2020 Opinion or Order Filing 206 Amended NOTICE of Subpoena of Daniel A. Pollyea by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit A)(Higgins, James)
July 13, 2020 Opinion or Order Filing 205 Amended NOTICE of Subpoena of David Loury [Second Amended] by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit A)(Higgins, James)
July 10, 2020 Opinion or Order Filing 204 NOTICE to Take Deposition of Joseph Buggy on July 14, 2020 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
July 9, 2020 Opinion or Order Filing 203 Amended NOTICE of of Subpoena to David Loury by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit A)(Higgins, James)
July 9, 2020 Opinion or Order Filing 202 MOTION for Pro Hac Vice Appearance of Attorney Christine Willgoos of Kramer, Levin, Naftalis, & Frankel LLP - filed by Janssen Biotech, Inc.. (Tigan, Jeremy)
July 9, 2020 Opinion or Order SO ORDERED, re (202 in 1:19-cv-00434-CFC-CJB, 411 in 1:18-cv-00192-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Christine Willgoos of Kramer, Levin, Naftalis, & Frankel LLP filed by Janssen Biotech, Inc. Signed by Judge Colm F. Connolly on 7/9/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
July 7, 2020 Opinion or Order Filing 201 NOTICE of of Subpoenas to Ranjana Advani, Ahmed Hamdy, Daniel A. Pollyea, David Loury, and Gwen Fyfe by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit A-E)(Higgins, James)
July 6, 2020 Opinion or Order Filing 200 NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Kenneth Cooke, M.D. Concerning Infringement and Objective Evidence of U.S. Patent No. 9,795,604, (2) Reply Expert Report of Pierre Cremieux, (3) Reply Expert Report of Allan S. Myerson, Ph.D. Regarding Infringement of, And Objective Indicia of Non-Obviousness of U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548 and 10,125,140, (4) Reply Report of Paul J. Reider, Ph.D., (5) Reply Expert Report of Professor Simon A.J. Rule, B.M.B.S., (6) Reply Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 9,655,857 and (7) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 10,294,231 filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
July 6, 2020 Opinion or Order Filing 199 NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Kenneth Cooke, M.D. Concerning Infringement and Objective Evidence of U.S. Patent No. 9,795,604, (2) Reply Expert Report of Pierre Cremieux, (3) Reply Expert Report of Allan S. Myerson, Ph.D. Regarding Infringement of, And Objective Indicia of Non-Obviousness of U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548 and 10,125,140, (4) Reply Report of Paul J. Reider, Ph.D., (5) Reply Expert Report of Professor Simon A.J. Rule, B.M.B.S., (6) Reply Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 9,655,857 and (7) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 10,294,231 filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
July 6, 2020 Opinion or Order Filing 198 NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Kenneth Cooke, M.D. Concerning Infringement and Objective Evidence of U.S. Patent No. 9,795,604, (2) Reply Expert Report of Pierre Cremieux, (3) Reply Expert Report of Allan S. Myerson, Ph.D. Regarding Infringement of, And Objective Indicia of Non-Obviousness of U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548 and 10,125,140, (4) Reply Report of Paul J. Reider, Ph.D., (5) Reply Expert Report of Professor Simon A.J. Rule, B.M.B.S., (6) Reply Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 9,655,857, (7) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 10,294,231, and (8) Reply Expert Report of David Drover, M.D., M.Sc., FRCP(C) filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
July 6, 2020 Opinion or Order Filing 197 NOTICE OF SERVICE of (1) Reply Report of Michael L. Grossbard, M.D., (2) Reply Expert Report of Reza Fassihi, Ph.D., and (3) Reply Expert Report of Jennifer A. Swift, Ph.D. filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Lee, Steven)
July 6, 2020 Opinion or Order Filing 196 NOTICE OF SERVICE of Reply Expert Report of Salvatore Lepore, Ph.D. filed by Alvogen Pine Brook LLC, Natco Pharma Ltd., Zydus Worldwide DMCC.(Lee, Steven)
June 29, 2020 Opinion or Order Filing 195 STIPULATION TO EXTEND TIME for the parties to serve their reply expert reports to July 3, 2020 - filed by Cadila Healthcare Limited, Zydus Worldwide DMCC. (Palapura, Bindu)
June 29, 2020 Opinion or Order SO ORDERED, re (195 in 1:19-cv-00434-CFC-CJB, 401 in 1:18-cv-00192-CFC-CJB) STIPULATION TO EXTEND TIME for the parties to serve their reply expert reports to July 3, 2020 filed by Zydus Worldwide DMCC, Cadila Healthcare Limited. Signed by Judge Colm F. Connolly on 6/29/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
June 12, 2020 Opinion or Order Filing 194 ORDER Setting Mediation Conferences: A Mediation Conference is set for 8/28/2020 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. see order for details. Signed by Judge Mary Pat Thynge on 6/12/20. (cak)
May 20, 2020 Opinion or Order Filing 193 NOTICE OF SERVICE of (1) Rebuttal Expert Report of Professor Simon A.J. Rule, B.M.B.S., (2) Responsive Expert Report of Allan S. Myerson, Ph.D. Regarding the Validity of U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548, and 10,125,140, and (3) Rebuttal Expert Report of Paul J. Reider, Ph.D. filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Ward, Jennifer)
May 20, 2020 Opinion or Order Filing 192 NOTICE OF SERVICE of (1) Rebuttal Expert Report of David R. Taft, Ph.D., (2) Responsive Expert Report of Allan S. Myerson, Ph.D. Regarding the Validity of U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548, and 10,125,140, (3) Rebuttal Expert Report of Robert O. Williams III, Ph.D., Regarding the Validity of U.S. Patent No. 10,294,231, and (4) Rebuttal Report of Dr. Kenneth Cooke, M.D. Regarding Validity of U.S. Patent No. 9,795,604 filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Ward, Jennifer)
May 20, 2020 Opinion or Order Filing 191 NOTICE OF SERVICE of (1) Rebuttal Expert Report of Professor Simon A.J. Rule, B.M.B.S., (2) Rebuttal Expert Report of Robert O. Williams III, Ph.D., Regarding the Validity of U.S. Patent Nos. 9,655,857 and 10,213,386, (3) Rebuttal Expert Report of David R. Taft, Ph.D., (4) Responsive Expert Report of Allan S. Myerson, Ph.D. Regarding the Validity of U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548, and 10,125,140, and (5) Rebuttal Expert Report of Paul J. Reider, Ph.D. filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Ward, Jennifer)
May 19, 2020 Opinion or Order Filing 190 NOTICE OF SERVICE of (1) Rebuttal Report of Salvatore D. Lepore, Ph.D. Regarding Non-Infringement of U.S. Patent No. 8,697,711 and (2) Rebuttal Report of Salvatore D. Lepore, Ph.D. Regarding Secondary Considerations of Non-Obviousness filed by Alvogen Pine Brook LLC, Natco Pharma Ltd., Zydus Worldwide DMCC.(Lee, Steven)
May 19, 2020 Opinion or Order Filing 189 NOTICE OF SERVICE of (1) Rebuttal Report of Dr. Michael L. Grossbard, M.D. Regarding Secondary Considerations of Non-Obviousness, (2) Rebuttal Report of Reza Fassihi, Ph.D. Regarding Non-Infringement, (3) Rebuttal Report of Reza Fassihi, Ph.D. Regarding Secondary Considerations of Non-Obviousness, (4) Rebuttal Report of Dr. Jennifer A. Swift, Ph.D. Regarding Non-Infringement, and (5) Rebuttal Report of Dr. Jennifer A. Swift, Ph.D. Regarding Secondary Considerations of Non-Obviousness filed by Alvogen Pine Brook LLC.(Lee, Steven)
May 11, 2020 Opinion or Order Filing 188 STIPULATION TO EXTEND TIME to Serve Opposition and Reply Expert Reports and for Disclosure of Expert Availability for Depositions to Various Dates (see stipulation) - filed by Janssen Biotech Inc., Pharmacyclics LLC. (Tigan, Jeremy)
May 11, 2020 Opinion or Order SO ORDERED, re (188 in 1:19-cv-00434-CFC-CJB, 379 in 1:18-cv-00192-CFC-CJB) STIPULATION TO EXTEND TIME to Serve Opposition and Reply Expert Reports and for Disclosure of Expert Availability for Depositions to Various Dates (see stipulation) filed by Janssen Biotech Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 5/11/2020. Associated Cases: 1:18-cv-00192-CFC-CJB, 1:19-cv-00434-CFC-CJB(fms)
April 28, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 4/28/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(nmf)
April 27, 2020 Opinion or Order Filing 187 Letter to The Honorable Colm F. Connolly from Jack B. Blumenfeld regarding Trial Length and Structure. (Blumenfeld, Jack)
April 3, 2020 Opinion or Order Filing 186 ORAL ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 5/28/2020 at 4:30 PM Eastern Time with Judge Mary Pat Thynge to discuss mediation. Ordered by Judge Mary Pat Thynge on 4/3/20. (cak)
March 27, 2020 Opinion or Order Filing 185 NOTICE of Withdrawal of Counsel (Jeffrey J. Lyons) by Janssen Biotech, Inc., Pharmacyclics LLC (Lyons, Jeffrey)
March 13, 2020 Opinion or Order Filing 184 NOTICE OF SERVICE of (1) Opening Expert Report of Dr. Steven E. Coutre, M.D. Regarding Infringement and Use of Imbruvica to Treat Chronic Lymphocytic Leukemia (CLL) and Small Lymphocytic Lymphoma (SLL) and Other Conditions, (2) Expert Report of Pierre Cremieux, (3) Opening Expert Report of Paul J. Reider, Ph.D., (4) Opening Expert Report of Professor Simon A.J. Rule, B.M.B.S. Regarding Infringement of U.S. Patent No. 8,754,090 and Objective Indicia of Non-Obviousness filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
March 12, 2020 Opinion or Order Filing 183 NOTICE OF SERVICE of (1) Opening Expert Report of Ronald Bodmeier Regarding Sun's Infringement of U.S. Patent No. 10,294,232 (2) Opening Expert Report of Dr. Kenneth Cooke, M.D., (3) Opening Expert Report of David Drover, M.D., M.Sc., FRCP(C), (4) Expert Report of Fabia Gozzo, Ph.D. Regarding S-XRPD Testing, (5) Opening Expert Report of Allan S. Myerson, Ph.D. Regarding the Infringement of, And Objective Indicia of Non-Obviousness Relating to, U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548 and 10,125,140, (6) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 9,655,867 and (7) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 10,294,231 and 10,294,232 filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
March 12, 2020 Opinion or Order Filing 182 NOTICE OF SERVICE of (1) Opening Expert Report of Dr. Kenneth Cooke, M.D., (2) Opening Expert Report of Dr. Steven E. Coutre, M.D. Regarding Infringement and Use of Imbruvica to Treat Chronic Lymphocytic Leukemia (CLL) and Small Lymphocytic Lymphoma (SLL) and Other Conditions, (3) Expert Report of Pierre Cremieux, (4) Opening Expert Report of David Drover, M.D., M.Sc., FRCP(C), (5) Expert Report of Fabia Gozzo, Ph.D. Regarding S-XRPD Testing, (6) Opening Expert Report of Allan S. Myerson, Ph.D. Regarding the Infringement of, And Objective Indicia of Non-Obviousness Relating to, U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548 and 10,125,140, (7) Opening Expert Report of Paul J. Reider, Ph.D., (8) Opening Expert Report of Professor Simon A.J. Rule, B.M.B.S. Regarding Infringement of U.S. Patent No. 8,754,090 and Objective Indicia of Non-Obviousness, (9) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 9,655,867 and (10) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 10,294,231 and 10,294,232 filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
March 12, 2020 Opinion or Order Filing 181 NOTICE OF SERVICE of (1) Opening Expert Report of Dr.Kenneth Cooke, M.D., (2) Opening Expert Report of Dr. Steven E. Coutr, M.D. Regarding Infringement and Use of Imbruvica to Treat Chronic Lymphocytic Leukemia (CLL) and Small Lymphocytic Lymphoma (SLL) and Other Conditions, (3) Expert Report of Pierre Cremieux, (4) Opening Expert Report of David Drover, M.D., M.Sc., FRCP(C), (5) Expert Report of Fabia Gozzo, Ph.D. Regarding S-XRPD Testing, (6) Opening Expert Report of Allan S. Myerson, Ph.D. Regarding the Infringement of, And Objective Indicia of Non-Obviousness Relating to, U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548 and 10,125,140, (7) Opening Expert Report of Paul J. Reider, Ph.D., (8) Opening Expert Report of Professor Simon A.J. Rule, B.M.B.S. Regarding Infringement of U.S. Patent No. 8,754,090 and Objective Indicia of Non-Obviousness, (9) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos.9,655,857, (10) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 10,294,231 and 10,294,232 and (11) Opening Expert Report of Ronald Bodmeier Regarding Sandoz's Infringement of U.S. Patent No. 10,294,231 filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
March 12, 2020 Opinion or Order Filing 180 NOTICE OF SERVICE of (1) Opening Expert Report of Dr.Kenneth Cooke, M.D., (2) Opening Expert Report of Dr. Steven E. Coutr, M.D. Regarding Infringement and Use of Imbruvica to Treat Chronic Lymphocytic Leukemia (CLL) and Small Lymphocytic Lymphoma (SLL) and Other Conditions, (3) Expert Report of Pierre Cremieux, (4) Opening Expert Report of David Drover, M.D., M.Sc., FRCP(C), (5) Expert Report of Fabia Gozzo, Ph.D. Regarding S-XRPD Testing, (6) Opening Expert Report of Allan S. Myerson, Ph.D. Regarding the Infringement of, And Objective Indicia of Non-Obviousness Relating to, U.S. Patent Nos. 9,725,455, 9,296,753, 10,106,548 and 10,125,140, (7) Opening Expert Report of Paul J. Reider, Ph.D., (8) Opening Expert Report of Professor Simon A.J. Rule, B.M.B.S. Regarding Infringement of U.S. Patent No. 8,754,090 and Objective Indicia of Non-Obviousness, (9) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos.9,655,857, (10) Opening Expert Report of Robert O. Williams III, Ph.D., Regarding Objective Indicia of Nonobviousness of U.S. Patent Nos. 10,294,231 and 10,294,232 and (11) Opening Expert Report of Ronald Bodmeier Regarding Alvogen's Infringement of U.S. Patent No. 9,655,857 filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
March 10, 2020 Opinion or Order Filing 179 STIPULATION TO EXTEND TIME to Serve Opening Expert Reports to March 11, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Tigan, Jeremy)
March 10, 2020 Opinion or Order SO ORDERED, re (358 in 1:18-cv-00192-CFC, 179 in 1:19-cv-00434-CFC-CJB) STIPULATION TO EXTEND TIME to Serve Opening Expert Reports to March 11, 2020 filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 3/10/2020. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(nmf)
March 4, 2020 Opinion or Order Filing 178 SO ORDERED, re (177 in 1:19-cv-00434-CFC-CJB) Joint STIPULATION TO EXTEND TIME Deadlines Relating to Expert Discovery to (see Stipulation for details) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd., ORDER, Setting Scheduling Order Deadlines: Expert Discovery due by 8/13/2020., The Telephone Conference is rescheduled for 4/28/2020 at 12:00 PM before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 3/4/2020. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(nmf)
March 3, 2020 Opinion or Order Filing 177 Joint STIPULATION TO EXTEND TIME Deadlines Relating to Expert Discovery to (see Stipulation for details) - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
March 3, 2020 Opinion or Order Filing 176 Official Transcript of Markman hearing held on January 13, 2020 before Judge Connolly. 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 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020. (vjg)
February 28, 2020 Opinion or Order Filing 175 STIPULATION TO EXTEND TIME for the parties to serve opening expert reports to March 3, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Blumenfeld, Jack)
February 28, 2020 Opinion or Order SO ORDERED, re (175 in 1:19-cv-00434-CFC-CJB, 355 in 1:18-cv-00192-CFC) STIPULATION TO EXTEND TIME for the parties to serve opening expert reports to March 3, 2020 filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 2/28/2020. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(fms)
February 26, 2020 Opinion or Order Filing 174 NOTICE OF SERVICE of Alvogen Pine Brook LLC and Natco Pharma Ltd.'s Third Supplemental Objections and Responses to Plaintiffs' Interrogatory Nos. 1-25 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
February 19, 2020 Opinion or Order Filing 173 SUBPOENA Returned Executed as to Gwendolyn Fyfe on January 16, 2020 (Attachments: #1 Exhibit 1)(Higgins, James)
February 11, 2020 Opinion or Order Filing 172 NOTICE OF SERVICE of Plaintiffs' Fifth Supplemental Responses to Defendants' First Set of Joint Interrogatories (Nos. 1-4) filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Lyons, Jeffrey)
February 10, 2020 Opinion or Order Filing 171 NOTICE OF SERVICE of (1) Defendants Alvogen Pine Brook LLC's and Natco Pharma Ltd.'s Supplemental Objections and Responses to Plaintiffs' First Set of Requests for Admission to Alvogen Pine Brook LLC and Natco Pharma Ltd. (Nos. 1-24) and (2) Alvogen Pine Brook LLC and Natco Pharma Ltd.'s Second Supplemental Objections and Responses to Plaintiffs' Interrogatory Nos. 1-25 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Lee, Steven)
February 10, 2020 Opinion or Order Filing 170 ORAL ORDER Setting Teleconference: The teleconference scheduled for 3/25/20 at 11:00 AM Eastern Time with Judge Thynge to discuss the parties' interest in mediation and the timing of the process has been rescheduled to 4/3/2020 at 11:00 AM Eastern Time. Defense counsel shall initiate the teleconference call. Ordered by Judge Mary Pat Thynge on 2/10/20. (cak)
February 7, 2020 Opinion or Order Filing 169 NOTICE of Withdrawal of Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims by Alvogen Pine Brook LLC, Natco Pharma Ltd. re #88 MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] (Higgins, James)
February 3, 2020 Opinion or Order Filing 168 CLAIM CONSTRUCTION ORDER re #165 Letter Signed by Judge Colm F. Connolly on 2/3/2020. (nmf)
January 31, 2020 Opinion or Order Filing 167 NOTICE OF SERVICE of (1) Defendants' Alvogen Pine Brook LLC's, Natco Pharma Ltd.'s, Fresenius Kabi USA, LLC's, Fresenius Kabi Oncology Limited's, Zydus Worldwide DMCC's, and Cadila Healthcare Limited's Final Honigberg Invalidity Contentions with Respect to the Honigberg Patents and (2) Defendants Alvogen Pine Brook LLC's and Natco Pharma Ltd.'s Final Invalidity Contentions Related to Non-Honigberg Patents filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Lee, Steven)
January 31, 2020 Opinion or Order Filing 166 NOTICE OF SERVICE of (1) Defendants' Alvogen Pine Brook LLC's, Natco Pharma Ltd.'s, Fresenius Kabi USA, LLC's, Fresenius Kabi Oncology Limited's, Zydus Worldwide DMCC's, and Cadila Healthcare Limited's Final Honigberg Invalidity Contentions with Respect to the Honigberg Patents and (2) Defendants Alvogen Pine Brook LLC's and Natco Pharma Ltd.'s Final Invalidity Contentions Related to Non-Honigberg Patents filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Lee, Steven)
January 30, 2020 Opinion or Order Filing 165 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Claim Construction Orders. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tigan, Jeremy)
January 30, 2020 Opinion or Order Filing 164 NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
January 29, 2020 Opinion or Order Filing 163 STIPULATION TO EXTEND TIME for the Parties to Serve Final Contentions to January 30, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Lyons, Jeffrey)
January 29, 2020 Opinion or Order SO ORDERED, re (163 in 1:19-cv-00434-CFC-CJB, 340 in 1:18-cv-00192-CFC) STIPULATION TO EXTEND TIME for the Parties to Serve Final Contentions to January 30, 2020 filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 1/29/2020. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(nmf)
January 27, 2020 Opinion or Order Filing 162 STIPULATION TO EXTEND TIME for the parties to serve final contentions to January 29, 2020 - filed by Cadila Healthcare Limited, Zydus Worldwide DMCC. (Moore, David)
January 27, 2020 Opinion or Order SO ORDERED, re (339 in 1:18-cv-00192-CFC, 162 in 1:19-cv-00434-CFC-CJB) STIPULATION TO EXTEND TIME for the parties to serve final contentions to January 29, 2020 filed by Zydus Worldwide DMCC, Cadila Healthcare Limited. Signed by Judge Colm F. Connolly on 1/27/2020. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(nmf)
January 24, 2020 Opinion or Order SO ORDERED, re (161 in 1:19-cv-00434-CFC-CJB, 334 in 1:18-cv-00192-CFC) STIPULATION TO EXTEND TIME Time to Prepare a Proposed Claim Construction Order to January 30, 2020 filed by Lek Pharmaceuticals d.d., Sandoz Inc. Signed by Judge Colm F. Connolly on 1/24/2020. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(nmf)
January 23, 2020 Opinion or Order Filing 161 STIPULATION TO EXTEND TIME Time to Prepare a Proposed Claim Construction Order to January 30, 2020 - filed by Lek Pharmaceuticals d.d., Sandoz Inc.. (Gattuso, Dominick)
January 22, 2020 Opinion or Order Filing 160 SO ORDERED, re (159 in 1:19-cv-00434-CFC-CJB, 332 in 1:18-cv-00192-CFC) STIPULATION TO EXTEND TIME to Serve Final Contentions to January 27, 2020 filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 1/22/2020. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC-CJB(nmf)
January 21, 2020 Opinion or Order Filing 159 STIPULATION TO EXTEND TIME to Serve Final Contentions to January 27, 2020 - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Lyons, Jeffrey)
January 17, 2020 Opinion or Order Filing 158 NOTICE of Appearance by Steven W. Lee on behalf of Alvogen Pine Brook LLC, Natco Pharma Ltd. (Lee, Steven)
January 13, 2020 Opinion or Order Filing 157 NOTICE of Service of Subpoena Directed to Gwendolyn Fyfe by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit 1)(Higgins, James)
January 13, 2020 Opinion or Order Filing 156 ORAL ORDER Setting Teleconference: As a result of an in-person discussion with counsel and their clients, a teleconference is set for 3/25/2020 at 11:00 AM Eastern Time with Judge Mary Pat Thynge. Defense counsel to initiate the call. The purpose of the teleconference is to discuss the parties' interest in mediation and the timing of the process. Ordered by Judge Mary Pat Thynge on 1/13/20. (cak)
January 13, 2020 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 1/13/2020. (Court Reporter V. Gunning.) Counsel to submit a proposed order to the Court on or before January 23, 2020 incorporating the Court's rulings during the hearing. (nmf)
December 30, 2019 Opinion or Order Filing 155 REDACTED VERSION of #140 Declaration, of D. Hanna In Support of Defendants' Reply In Support of Their Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
December 30, 2019 Opinion or Order Filing 154 REDACTED VERSION of #139 Reply Brief, In Support of Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
December 27, 2019 Opinion or Order Filing 153 REDACTED VERSION of #128 Appendix, by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibits 13-22, #2 Exhibits 23-43)(Lyons, Jeffrey)
December 27, 2019 Opinion or Order Filing 152 REDACTED VERSION of #127 Claim Construction Opening Brief by Janssen Biotech, Inc., Pharmacyclics LLC. (Lyons, Jeffrey)
December 27, 2019 Opinion or Order Filing 151 Letter to The Honorable Colm F. Connolly from James L. Higgins regarding Highlighted Patents Cited in Joint Claim Construction Brief - re #127 Claim Construction Opening Brief. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit M, #5 Exhibit O, #6 Exhibit P, #7 Exhibit R)(Higgins, James)
December 23, 2019 Opinion or Order Filing 150 SUBPOENA filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. directed to Paul J. Reider for January 6, 2020 (Higgins, James)
December 23, 2019 Opinion or Order Filing 149 SUBPOENA filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. directed to Lee Honigberg for January 14, 2020 (Higgins, James)
December 23, 2019 Opinion or Order Filing 148 SUBPOENA filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. directed to David Loury for January 10, 2020 (Higgins, James)
December 23, 2019 Opinion or Order Filing 147 SUBPOENA filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. directed to Allan S. Myerson for January 8, 2020 (Higgins, James)
December 23, 2019 Opinion or Order Filing 146 SUBPOENA filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. directed to Michael Green for January 7, 2020 (Higgins, James)
December 23, 2019 Opinion or Order Filing 145 NOTICE OF SERVICE of Plaintiffs' Fourth Supplemental Responses to Defendants' First Set of Joint Interrogatories (Nos. 1-4) filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
December 23, 2019 Opinion or Order Filing 144 ORAL ORDER: The Court, having reviewed the case history in light of the December 20, 2019 referral, hereby ORDERS that the procedures for resolving a dispute relating to discovery or the protective order set out in the Scheduling Order, (D.I. 137 at 8-10), 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 12/23/2019. (dlb)
December 20, 2019 Opinion or Order Filing 143 NOTICE OF SERVICE of (1) Plaintiffs Pharmacyclics LLC and Janssen Biotech, Inc.'s Amended Initial Disclosures Pursuant to Rule 26(a)(1) and (2) Plaintiffs' First Supplemental Responses to Defendants' First Set of Interrogatories (Nos. 1-8) filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
December 20, 2019 Opinion or Order Filing 142 ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke for all disputes relating to discovery and the protective order. Signed by Judge Colm F. Connolly on 12/20/2019. (nmf)
December 19, 2019 Opinion or Order Filing 141 NOTICE to Take Deposition of Ching W. Chong on December 20, 2019 [AMENDED] filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
December 18, 2019 Opinion or Order Filing 140 [SEALED] DECLARATION re #139 Reply Brief, In Support of Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Exhibit H-I)(Higgins, James)
December 18, 2019 Opinion or Order Filing 139 [SEALED] REPLY BRIEF re #88 MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
December 17, 2019 Opinion or Order Filing 138 NOTICE of Subpoenas to David Loury and Lee Honigberg by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit A-B)(Higgins, James)
December 17, 2019 Opinion or Order Filing 137 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 12/20/2019. Expert Discovery due by 7/24/2020. A Telephonic Status Conference is set for 3/9/2020 at 09:00 AM before Judge Colm F. Connolly A Markman Hearing is set for 1/13/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Proposed Pretrial Order due by 9/18/2020. A Final Pretrial Conference is set for 9/23/2020 at 04:30 PM in Courtroom 4B before Judge Colm F. Connolly. A Bench Trial is set for 10/13/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 12/17/2019. (nmf)
December 17, 2019 Opinion or Order Filing 136 NOTICE OF SERVICE of (1) First Supplemental Objections and Responses to Plaintiffs' Interrogatory No. 1, (2) First Supplemental Responses to Plaintiffs' Interrogatory Nos. 2-8, and (3) First Supplemental Objections and Responses to Plaintiffs' Interrogatory Nos. 9-25 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
December 16, 2019 Opinion or Order Filing 135 Amended NOTICE of Service of Subpoena to Michael Green by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit 1)(Higgins, James)
December 16, 2019 Opinion or Order Filing 134 NOTICE of Subpoenas to Paul J. Reider and Allan S. Myerson by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit A-B)(Higgins, James)
December 13, 2019 Opinion or Order Filing 133 PROPOSED ORDER Scheduling Order by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit A)(Tigan, Jeremy)
December 13, 2019 Opinion or Order Filing 132 NOTICE to Take Deposition of Pavan Bhat on December 17, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
December 13, 2019 Opinion or Order Filing 131 NOTICE to Take Deposition of Pulla Reddy on December 20, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
December 13, 2019 Opinion or Order Filing 130 NOTICE to Take Deposition of Leslie Amendola on December 18, 2019 filed by Cadila Healthcare Limited, Zydus Worldwide DMCC.(Moore, David)
December 12, 2019 Opinion or Order Filing 129 NOTICE OF SERVICE of Joint Claim Construction Case Compendium re #127 Claim Construction Opening Brief filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
December 12, 2019 Opinion or Order Filing 128 [SEALED] Joint APPENDIX re #127 Claim Construction Opening Brief by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Exhibits Part 3, #4 Exhibits Part 4, #5 Exhibits Part 5, #6 Exhibits Part 6, #7 Exhibits Part 7, #8 Exhibits Part 8, #9 Exhibits Part 9, #10 Exhibits Part 10, #11 Exhibits Part 11, #12 Exhibits Part 12)(Tigan, Jeremy)
December 12, 2019 Opinion or Order Filing 127 [SEALED] Joint CLAIM CONSTRUCTION OPENING BRIEF filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
December 12, 2019 Opinion or Order SO ORDERED, re #126 STIPULATION TO EXTEND TIME to Submit a Revised Proposed Scheduling Order to December 13, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 12/12/2019. (fms)
December 11, 2019 Opinion or Order Filing 126 STIPULATION TO EXTEND TIME to Submit a Revised Proposed Scheduling Order to December 13, 2019 - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
December 10, 2019 Opinion or Order Filing 125 NOTICE to Take Deposition of Robert Kuehl on December 13, 2019, that Amends the Original Notice of Deposition, filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
December 9, 2019 Opinion or Order Filing 124 NOTICE OF SERVICE of Defendants' Answering Claim Construction Brief, and Defendants' Sur-Reply Claim Construction Brief filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
December 6, 2019 Opinion or Order Filing 123 NOTICE OF SERVICE of (1) Plaintiffs' Responses to Defendants' Second Set of Requests for Admission (Nos. 3-8), (2) Plaintiffs' Objections and Responses to Defendants' Amended Second Set of Joint Interrogatories to Plaintiffs (Nos. 5-8), and (3) Plaintiffs' Responses to Defendants' Third Set of Joint Interrogatories (Nos. 9-14) filed by Janssen Biotech Inc., Pharmacyclics LLC.(Tigan, Jeremy)
December 6, 2019 Opinion or Order Filing 122 NOTICE to Take Deposition of Jana Lewis on December 10, 2019, filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
December 5, 2019 Opinion or Order Filing 121 NOTICE to Take Deposition of Anis Ha on December 19, 2019, filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
December 5, 2019 Opinion or Order SO ORDERED, re #120 STIPULATION TO EXTEND TIME to Submit a Revised Proposed Scheduling Order to December 11, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 12/5/2019. (nmf)
December 4, 2019 Opinion or Order Filing 120 STIPULATION TO EXTEND TIME to Submit a Revised Proposed Scheduling Order to December 11, 2019 - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
December 4, 2019 Opinion or Order Filing 119 ANSWERING BRIEF in Opposition re #88 MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] filed by Janssen Biotech, Inc., Pharmacyclics LLC.Reply Brief due date per Local Rules is 12/11/2019. (Attachments: #1 Exhibits 1-18)(Blumenfeld, Jack)
December 4, 2019 Opinion or Order Filing 118 NOTICE to Take Deposition of Heow Tan on December 5, 2019 that Amends the Original Notice of Deposition filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
December 2, 2019 Opinion or Order Filing 117 MOTION for Pro Hac Vice Appearance of Attorney Anna Q. Han and Laura Dolbow - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Tigan, Jeremy)
December 2, 2019 Opinion or Order SO ORDERED, re (313 in 1:18-cv-00192-CFC, 117 in 1:19-cv-00434-CFC) MOTION for Pro Hac Vice Appearance of Attorney Anna Q. Han and Laura Dolbow filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 12/2/2019. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(fms)
November 23, 2019 Opinion or Order Filing 116 NOTICE OF SERVICE of Plaintiffs' Reply Markman Brief filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
November 21, 2019 Opinion or Order Filing 115 ORDER, Whereas, the parties have informed the Court by letter (D.I. #114 ) that they are unable to agree on the terms that would govern the consolidation of this action with C.A. No. 18-192-CFC; IT IS HEREBY ORDERED that: 1. This action will not be consolidated with any other currently pending action; 2. The September 19, 2019 Scheduling Order (D.I. #40 ) is struck; and 3. The parties shall submit by no later than December 4, 2019 a revised proposed scheduling order for this action. Signed by Judge Colm F. Connolly on 11/21/2019. (nmf)
November 20, 2019 Opinion or Order SO ORDERED, re #112 STIPULATION TO EXTEND TIME - Response and Reply Briefing Deadlines on Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims (D.I. 88) to December 4, 2019 (Response) and December 18, 2019 (Reply) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Set Briefing Schedule: re #88 MOTION to Amend/Correct. (Answering Brief due 12/4/2019., Reply Brief due 12/18/2019.). Signed by Judge Colm F. Connolly on 11/20/2019. (fms)
November 19, 2019 Opinion or Order Filing 114 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding the Court's instructions during the Scheduling Conference held on September 4, 2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tigan, Jeremy)
November 19, 2019 Opinion or Order Filing 113 SUBPOENA Returned Executed as to (1) Michael J. Hostetler, Wilson Sonsini Goodrich & Rosati; (2) Jana Lewis, Foley Hoag LLP; (3) Quest Diagnostics Incorporated, Celera Genomics Group, Celera Corporation; and (4) Quest Diagnostics Incorporated, Celera Genomics Group, Celera Corporation on See Notice (Attachments: #1 Exhibit 1 - 4)(Higgins, James)
November 19, 2019 Opinion or Order Filing 112 STIPULATION TO EXTEND TIME - Response and Reply Briefing Deadlines on Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims (D.I. 88) to December 4, 2019 (Response) and December 18, 2019 (Reply) - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
November 18, 2019 Opinion or Order SO ORDERED, re (308 in 1:18-cv-00192-CFC, 111 in 1:19-cv-00434-CFC) STIPULATION TO EXTEND TIME - Deadline for the Completion of Fact Discovery to November 20, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd., Set/Reset Scheduling Order Deadlines: ( Fact Discovery completed by 11/20/2019.) Signed by Judge Colm F. Connolly on 11/18/2019. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(nmf)
November 15, 2019 Opinion or Order Filing 111 STIPULATION TO EXTEND TIME - Deadline for the Completion of Fact Discovery to November 20, 2019 - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
November 15, 2019 Opinion or Order Filing 110 NOTICE of Subpoena Directed to BioKey, Inc. by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Attachments: #1 Exhibit 1)(Higgins, James)
November 15, 2019 Opinion or Order Filing 109 NOTICE OF SERVICE of Alvogen Pine Brook LLC's and Natco Pharma Ltd.'s Objections and Responses to Plaintiffs' Interrogatory (Nos. 9-25) and Defendants Alvogen Pine Brook LLC's and Natco Pharma Ltd.'s Objections and Responses to Plaintiffs' First Set of Requests for Admission to Alvogen Pine Brook LLC and Natco Pharma Ltd. (Nos. 1-24) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 15, 2019 Opinion or Order Filing 108 NOTICE to Take Deposition of Juthamas Sukbuntherng on December 2, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 14, 2019 Opinion or Order Filing 107 REDACTED VERSION of #92 Opening Brief in Support, of Defendants' Motion for Leave to File First Amended Answers, Affirmati ve Defenses and Counterclaims by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
November 14, 2019 Opinion or Order Filing 106 REDACTED VERSION of #88 MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
November 13, 2019 Opinion or Order Filing 105 NOTICE of Defendants' Notice of Subpoenas to Catalent Pharma Solutions f/k/a Pharmatek to Testify and Produce Documents by Lek Pharmaceuticals d.d., Sandoz Inc. (Attachments: #1 Exhibit Subpoena to Testify)(Gattuso, Dominick)
November 13, 2019 Opinion or Order Filing 104 NOTICE of Defendants' Notice of Subpoenas to AMRI f/k/a SSCI Inc. to Testify and Produce Documents by Lek Pharmaceuticals d.d., Sandoz Inc. (Attachments: #1 Exhibit Subpoena to Testify)(Gattuso, Dominick)
November 13, 2019 Opinion or Order Filing 103 NOTICE of Defendants' Notice of Subpoenas to PCAS-Nanosyn LLC F/K/A Seres Laboratories Inc. to Testify and Produce Documents by Lek Pharmaceuticals d.d., Sandoz Inc. (Attachments: #1 Exhibit Notice of Subpoena)(Gattuso, Dominick)
November 13, 2019 Opinion or Order Filing 102 NOTICE of Defendants' Notice of Subpoenas to Evotect Company F/K/A Aptuit to Tesitfy and Produce Documents by Lek Pharmaceuticals d.d., Sandoz Inc. (Attachments: #1 Exhibit Subpoena to Testify)(Gattuso, Dominick)
November 13, 2019 Opinion or Order Filing 101 NOTICE OF SERVICE of Alvogen Pine Brook LLC's Objections and Responses to Plaintiffs' Notice of Deposition to Alvogen Pine Brook LLC and Natco Pharma Ltd. under Fed. R. Civ. P. 30(b)(6) and Natco Pharma Ltd.'s Objections and Responses to Plaintiffs' Notice of Deposition to Alvogen Pine Brook LLC and Natco Pharma Ltd. under Fed. R. Civ. P. 30(b)(6) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 12, 2019 Opinion or Order Filing 100 NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendants Alvogen Pine Brook LLC and Natco Pharma Ltd.'s First Set of Requests for Admission (Nos. 1-17); (2) Plaintiffs' Responses to Defendants' First Set of Interrogatories (Nos. 1-8); and (3) Plaintiffs' Responses to Defendants' Second Set of Interrogatories (Nos. 9-10) filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
November 12, 2019 Opinion or Order Filing 99 NOTICE to Take Deposition of Harisha Atluri on November 15, 2019 [Amended] filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 12, 2019 Opinion or Order Filing 98 NOTICE to Take Deposition of Sriram Balasubramanian on November 15, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 12, 2019 Opinion or Order SO ORDERED, re (301 in 1:18-cv-00192-CFC, 97 in 1:19-cv-00434-CFC) MOTION for Pro Hac Vice Appearance of Attorney Justin Thomas Howell of Covington & Burling LLP filed by Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 11/12/2019. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(fms)
November 11, 2019 Opinion or Order Filing 97 MOTION for Pro Hac Vice Appearance of Attorney Justin Thomas Howell of Covington & Burling LLP - filed by Pharmacyclics LLC. (Tigan, Jeremy)
November 7, 2019 Opinion or Order Filing 96 MOTION for Pro Hac Vice Appearance of Attorney Alexa Hansen and David A. Garr of Covington & Burling LLP - filed by Pharmacyclics LLC. (Tigan, Jeremy)
November 7, 2019 Opinion or Order Pro Hac Vice Attorney Chanson Chang for Pharmacyclics LLC,Chanson Chang for Pharmacyclics 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: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(sam)
November 7, 2019 Opinion or Order SO ORDERED, re (96 in 1:19-cv-00434-CFC) MOTION for Pro Hac Vice Appearance of Attorney Alexa Hansen and David A. Garr of Covington & Burling LLP filed by Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 11/7/2019. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(fms)
November 6, 2019 Opinion or Order Filing 95 MOTION to Compel Declarant Depositions, Suspend November 8, 2019 Answering Brief Deadline and to Modify the Briefing Schedule re #94 Letter, , MOTION to Compel - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Text of Proposed Order)(Higgins, James)
November 6, 2019 Opinion or Order Filing 94 Letter to The Honorable Colm F. Connolly from James L. Higgins, Esq. regarding Request to Compel Declarant Depositions, Motion to Suspend November 8, 2019 Answering Brief Deadline and to Modify the Briefing Schedule. (Attachments: #1 Averment of Counsel, #2 Exhibit A)(Higgins, James)
November 6, 2019 Opinion or Order Set Hearings: A Discovery Conference is set per request of counsel for 11/14/2019 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. (nmf)
November 6, 2019 Opinion or Order ORAL ORDER: The Court has reviewed Defendants' MOTION to Compel Declarant Depositions, Suspend November 8, 2019 Answering Brief Deadline and to Modify the Briefing Schedule (D.I. #95 ). Defendants' application is DENIED. The November 14, 2019 discovery conference is CANCELLED. Ordered by Judge Colm F. Connolly on 11/6/2019. (nmf)
November 5, 2019 Opinion or Order Filing 93 NOTICE OF SERVICE of Subpoena Directed to Michael Green filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 5, 2019 Opinion or Order Filing 92 [SEALED] OPENING BRIEF in Support re #88 MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] [CORRECTED] filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..Answering Brief/Response due date per Local Rules is 11/19/2019. (Higgins, James)
November 5, 2019 Opinion or Order Filing 91 (THIS HAS BEEN CORRECTED - SEE D.I. #92 ) [SEALED] OPENING BRIEF in Support re #88 MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..Answering Brief/Response due date per Local Rules is 11/19/2019. (Higgins, James) Modified on 11/6/2019 (fms).
November 5, 2019 Opinion or Order Filing 90 [SEALED] DECLARATION re #88 MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] [of David M. Hanna] by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Exhibit A - G, #2 Certificate of Service)(Higgins, James)
November 5, 2019 Opinion or Order Filing 89 NOTICE to Take Deposition of James Palmer on November 15, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 5, 2019 Opinion or Order Filing 88 [SEALED] MOTION to Amend/Correct #21 Answer to Amended Complaint, Counterclaim, #22 Answer to Amended Complaint, Counterclaim [Defendants' Motion for Leave to File First Amended Answers, Affirmative Defenses and Counterclaims] - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Statement, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Certificate of Service)(Higgins, James)
November 5, 2019 Opinion or Order Filing 87 NOTICE to Take Deposition of James Palmer on November 15, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 4, 2019 Opinion or Order Filing 86 NOTICE to Take Deposition of Allan S. Myerson on November 18, 2019 [Amended] filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 4, 2019 Opinion or Order Filing 85 NOTICE to Take Deposition of Paul J. Reider on November 14, 2019 [Amended] filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
November 4, 2019 Opinion or Order SO ORDERED, re #84 STIPULATION TO EXTEND TIME for Defendants to file their Motion for Leave to Amend the Pleadings to November 5, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 11/4/2019. (fms)
November 1, 2019 Opinion or Order Filing 84 STIPULATION TO EXTEND TIME for Defendants to file their Motion for Leave to Amend the Pleadings to November 5, 2019 - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Sharp, Melanie)
November 1, 2019 Opinion or Order Filing 83 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' First Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 1-115) filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
October 29, 2019 Opinion or Order Filing 82 MOTION for Pro Hac Vice Appearance of Attorney David Denuyl - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Tigan, Jeremy)
October 29, 2019 Opinion or Order SO ORDERED, re (82 in 1:19-cv-00434-CFC, 292 in 1:18-cv-00192-CFC) MOTION for Pro Hac Vice Appearance of Attorney David Denuyl filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 10/29/2019. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(fms)
October 29, 2019 Opinion or Order Pro Hac Vice Attorney David S. Denuyl for Pharmacyclics 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: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(kmd)
October 28, 2019 Opinion or Order Filing 81 MOTION for Pro Hac Vice Appearance of Attorney Kimberly Q. Li - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Certification by Counsel)(Higgins, James)
October 28, 2019 Opinion or Order Filing 80 NOTICE OF SERVICE of of Subpoena directed to Quest Diagnostics Incorporated, Celera Genomics Group and Celera Corporation filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Exhibit 1)(Higgins, James)
October 28, 2019 Opinion or Order SO ORDERED, re #81 MOTION for Pro Hac Vice Appearance of Attorney Kimberly Q. Li filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 10/28/2019. (fms)
October 24, 2019 Opinion or Order Filing 79 NOTICE OF SERVICE of Plaintiffs' Third Supplemental Responses to Defendants' First Set of Joint Interrogatories (Nos. 1-4) filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
October 24, 2019 Opinion or Order Filing 78 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Notice of Deposition to Plaintiffs Pursuant to Fed. R. Ci. P. 30(b)(6) filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
October 23, 2019 Opinion or Order Filing 77 NOTICE to Take Deposition of Paul J. Reider on November 1, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Sharp, Melanie)
October 23, 2019 Opinion or Order Filing 76 NOTICE to Take Deposition of Allan S. Myerson on October 31, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Sharp, Melanie)
October 23, 2019 Opinion or Order Filing 75 NOTICE OF SERVICE of Plaintiffs' Opening Claim Construction Brief filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
October 21, 2019 Opinion or Order Filing 74 NOTICE OF SERVICE of Defendants' Notice of Deposition of Pharmacyclics LLC and Defendants' Notice of Deposition of Janssen Biotech, Inc. filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 18, 2019 Opinion or Order Filing 73 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Notice of Deposition to Plaintiff Pharmacyclics LLC Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc..(Tigan, Jeremy)
October 17, 2019 Opinion or Order Filing 72 NOTICE of Issuance of Subpoena upon the Department of Health and Human Services by Cadila Healthcare Limited, Zydus Worldwide DMCC (Palapura, Bindu)
October 16, 2019 Opinion or Order Filing 71 NOTICE of Subpoenas by Alvogen Pine Brook LLC, Natco Pharma Ltd. Notices of Subpoenas to be served upon Jana Lewis, Foley Hoag LLP and Michael J. Hostetler,Wilson Sonsini Goodrich & Rosati (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sharp, Melanie)
October 16, 2019 Opinion or Order Filing 70 NOTICE OF SERVICE of (1) Plaintiffs' First Set of Requests for Admission to Alvogen Pine Brook LLC and Natco Pharma Ltd. (Nos. 1-24) and (2) Plaintiffs' Third Set of Interrogatories to Alvogen Pine Brook LLC and Natco Pharma Ltd. (Nos. 9-25) filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
October 16, 2019 Opinion or Order Filing 69 NOTICE of Issuance of Subpoena upon Patricia Flatley Brennan, RN, PhD by Cadila Healthcare Limited, Zydus Worldwide DMCC (Moore, David)
October 15, 2019 Opinion or Order Filing 68 NOTICE OF SERVICE of Objections and Responses to Plaintiffs' First Set of Requests (Nos. 1-81) to Alvogen Pine Brook LLC and Natco Pharma Ltd. for the Production of Documents and Things filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 11, 2019 Opinion or Order Filing 67 NOTICE to Take Deposition of Dr. Pulla Reddy on October 31, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
October 11, 2019 Opinion or Order Filing 66 NOTICE to Take Deposition of Dr. Pavan Bhat on November 1, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
October 11, 2019 Opinion or Order Filing 65 NOTICE OF SERVICE of Defendants' First set of Requests for Admission to Plaintiffs (Nos. 1-17) and Defendants' Second Set of Interrogatories to Plaintiffs (Nos. 9-10) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 11, 2019 Opinion or Order Filing 64 NOTICE OF SERVICE of Alvogen Pine Brook LLC and Natco Pharma Ltd.'s Objections and Responses to Plaintiffs' Interrogatory Nos. 2-8 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 10, 2019 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 10/10/2019. (Court Reporter V. Gunning.) (nmf)
October 10, 2019 Opinion or Order ORAL ORDER Setting Teleconference: Counsel for Defendants to initiate the call. A Telephone Conference is set for 10/10/2019 at 11:00 AM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 10/10/2019. (nmf)
October 7, 2019 Opinion or Order Filing 63 NOTICE OF SERVICE of Alvogen Pine Brook LLC and Natco Pharma Ltd.'s Objections and Responses to Plaintiffs' Interrogatory No. 1 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 7, 2019 Opinion or Order Filing 62 PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 10/7/2019. (fms)
October 4, 2019 Opinion or Order Filing 61 MOTION for Claim Construction re #59 Claim Construction Chart, - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
October 4, 2019 Opinion or Order Filing 60 MOTION for Hearing re #59 Claim Construction Chart, [Motion for Claim Construction] - filed by Alvogen Pine Brook LLC. (Sharp, Melanie)
October 4, 2019 Opinion or Order Filing 59 CLAIM Construction Chart by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Tigan, Jeremy)
October 4, 2019 Opinion or Order Filing 58 NOTICE OF SERVICE of Defendants' First Set of Interrogatories to Plaintiffs (Nos. 18) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 4, 2019 Opinion or Order Filing 57 NOTICE OF SERVICE of Defendants' Disclosures Pursuant to Paragraph 3 and ESI Search Terms Pursuant to Paragraph 5 of Delaware's Default Standard for Discovery filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 4, 2019 Opinion or Order Filing 56 NOTICE OF SERVICE of Plaintiffs' Paragraph 3 Initial Disclosures filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
October 4, 2019 Opinion or Order Filing 55 NOTICE to Take Deposition of Heow Tan on October 29, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 4, 2019 Opinion or Order Filing 54 NOTICE to Take Deposition of Robert Kuehl on October 28, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 4, 2019 Opinion or Order Filing 53 NOTICE to Take Deposition of Ching W. Chong on October 25, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 4, 2019 Opinion or Order Filing 52 NOTICE to Take Deposition of Harisha Atluri on October 31, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
October 2, 2019 Opinion or Order Filing 51 PROPOSED ORDER -- [Proposed] Protective Order -- by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
October 2, 2019 Opinion or Order Filing 50 ORAL ORDER: An in-person meeting with counsel is scheduled for 1/13/20, immediately following the Markman hearing in this matter before Judge Connolly scheduled on the same date. Should the date and/or time of the Markman hearing be changed, counsel for plaintiffs shall notify Judge Thynge and her Judicial Administrator, Cathleen Kennedy, which may be provided by email. Ordered by Judge Mary Pat Thynge on 10/2/19. (cak)
September 30, 2019 Opinion or Order Filing 49 NOTICE OF SERVICE of Defendants' First Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 1 - 115) filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
September 30, 2019 Opinion or Order SO ORDERED, re #48 STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to October 2, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 9/30/2019. (fms)
September 27, 2019 Opinion or Order Filing 48 STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to October 2, 2019 - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
September 27, 2019 Opinion or Order Filing 47 [SEALED] NOTICE to Take Deposition of Alvogen Pine Brook LLC and Natco Pharma Ltd. on November 15, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
September 27, 2019 Opinion or Order Filing 46 NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
September 27, 2019 Opinion or Order Filing 45 NOTICE OF SERVICE of Plaintiffs Pharmacyclics LLC and Janssen Biotech, Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1) filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
September 25, 2019 Opinion or Order SO ORDERED, re #44 Joint STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to September 27, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 9/25/2019. (fms)
September 24, 2019 Opinion or Order Filing 44 Joint STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to September 27, 2019 - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Higgins, James)
September 24, 2019 Opinion or Order Filing 43 NOTICE OF SERVICE of Defendant's Proposed Preliminary Claim Constructions and Identification of Intrinsic Evidence filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Higgins, James)
September 23, 2019 Opinion or Order Filing 42 NOTICE OF SERVICE of Plaintiffs' Preliminary Claim Constructions and Intrinsic Evidence Pursuant to the Scheduling Order filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
September 23, 2019 Opinion or Order Filing 41 ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 10/2/2019 at 10:30 AM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 9/23/19. (cak)
September 20, 2019 Opinion or Order 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)
September 19, 2019 Opinion or Order Filing 40 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 11/15/2019. Expert Discovery due by 7/1/2020. A Markman Hearing is set for 1/13/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Proposed Pretrial Order due by 9/18/2020. A Final Pretrial Conference is set for 9/23/2020 at 04:30 PM in Courtroom 4B before Judge Colm F. Connolly. A Bench Trial is set for 10/13/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 9/19/2019. (nmf)
September 17, 2019 Opinion or Order Filing 39 PROPOSED ORDER [Proposed] Scheduling Order by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Cover Letter)(Blumenfeld, Jack)
September 13, 2019 Opinion or Order Filing 38 NOTICE OF SERVICE of Plaintiffs' First Set of Requests (Nos. 1-81) to Alvogen Pine Brook LLC and Natco Pharma Ltd. for the Production of Documents and Things filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
September 12, 2019 Opinion or Order SO ORDERED, re #37 STIPULATION TO EXTEND TIME to Submit a Revised Scheduling Order to September 17, 2019 filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 9/12/2019. (nmf)
September 11, 2019 Opinion or Order Filing 37 STIPULATION TO EXTEND TIME to Submit a Revised Scheduling Order to September 17, 2019 - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Sharp, Melanie)
September 11, 2019 Opinion or Order Filing 36 NOTICE OF SERVICE of Plaintiffs' Interrogatories Nos. 2-8 to Alvogen Pine Brook LLC and Natco Pharma Ltd. filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
September 5, 2019 Opinion or Order Filing 35 NOTICE OF SERVICE of Plaintiffs' Interrogatory No. 1 to Alvogen Pine Brook LLC and Natco Pharma Ltd. filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Tigan, Jeremy)
September 4, 2019 Opinion or Order Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 9/4/2019. (Court Reporter V. Gunning.) Counsel to submit the final revised proposed scheduling order to the Court by 9/11/2020. (nmf)
September 3, 2019 Opinion or Order Filing 34 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding coordination and scheduling per the Court's Orders of June 28 and August 19, 2019 - re #24 Order,,, Set Deadlines,, #31 Order Setting Scheduling Conference. (Attachments: #1 Proposed Scheduling Order)(Tigan, Jeremy)
August 28, 2019 Opinion or Order Filing 33 NOTICE OF SERVICE of Plaintiffs' Infringement Contentions filed by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
August 28, 2019 Opinion or Order Filing 32 NOTICE OF SERVICE of Defendants Alvogen Pine Brook LLC's and Natco Pharma Ltd.'s Initial Invalidity Contentions filed by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Sharp, Melanie)
August 20, 2019 Opinion or Order Pro Hac Vice Attorney Irena Royzman for Janssen Biotech, 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 Filing 31 Order Setting Scheduling Conference: A Scheduling Conference is set for 9/4/2019 at 03:30 PM in Chambers before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 8/19/2019. (nmf)
August 5, 2019 Opinion or Order Filing 30 Letter to The Honorable Colm F. Connolly from Jack B. Blumenfeld regarding coordination and scheduling - re #24 Order,,, Set Deadlines,,. (Attachments: #1 Text of Proposed Order, #2 Exhibit A to Scheduling Order)(Blumenfeld, Jack)
July 29, 2019 Opinion or Order Filing 29 STIPULATION TO EXTEND TIME to File Proposed Scheduling Order to August 5, 2019 - filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Tigan, Jeremy)
July 29, 2019 Opinion or Order SO ORDERED, re #29 STIPULATION TO EXTEND TIME to File Proposed Scheduling Order to August 5, 2019 filed by Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 7/29/2019. (nmf)
July 18, 2019 Opinion or Order Pro Hac Vice Attorney Hannah Lee for Janssen Biotech, 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. (myr)
July 17, 2019 Opinion or Order SO ORDERED, re (183 in 1:18-cv-00192-CFC, 28 in 1:19-cv-00434-CFC) MOTION for Pro Hac Vice Appearance of Attorney Hannah Lee filed by Janssen Biotech, Inc. Signed by Judge Colm F. Connolly on 7/17/2019. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(fms)
July 17, 2019 Opinion or Order Pro Hac Vice Attorney Cristina L. Martinez,Marcus A. Colucci for Janssen Biotech, Inc., Pharmacyclics 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)
July 16, 2019 Opinion or Order Filing 28 MOTION for Pro Hac Vice Appearance of Attorney Hannah Lee - filed by Janssen Biotech, Inc.. (Tigan, Jeremy)
July 8, 2019 Opinion or Order Filing 27 ANSWER to #22 Answer to Amended Complaint, Counterclaim -- Answer to Natco's First Amended Counterclaims -- by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
July 8, 2019 Opinion or Order Filing 26 ANSWER to #21 Answer to Amended Complaint, Counterclaim -- Answer to Alvogen's First Amended Counterclaims -- by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
July 3, 2019 Opinion or Order SO ORDERED, re (178 in 1:18-cv-00192-CFC, 25 in 1:19-cv-00434-CFC) MOTION for Pro Hac Vice Appearance of Attorney Cristina L. Martinez and Marcus A. Colucci filed by Janssen Biotech Inc., Janssen Biotech, Inc., Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 7/3/2019. Associated Cases: 1:18-cv-00192-CFC, 1:19-cv-00434-CFC(fms)
July 3, 2019 Opinion or Order Pro Hac Vice Attorney Christopher D. Lynch,David M. Hanna for Alvogen Pine Brook 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)
July 2, 2019 Opinion or Order Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Cristina L. Martinez and Marcus A. Colucci - filed by Janssen Biotech, Inc., Pharmacyclics LLC, Janssen Biotech Inc.. (Tigan, Jeremy)
June 28, 2019 Opinion or Order Filing 24 ORDER, this case having been listed as related to earlier filed cases that are currently proceeding on an agreed upon schedule entered by the Court; IT IS ORDERED that, on or before July 29, 2019, counsel for the parties shall confer regarding coordination of the cases and submit a proposed scheduling order to the Court or otherwise advise the Court that a separate scheduling conference is needed. ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 7/29/2019.) Signed by Judge Colm F. Connolly on 6/28/2019. (nmf)
June 25, 2019 Opinion or Order Filing 23 NOTICE of Change of Firm Affiliation for Michelle M. Ovanesian, Esq. by Alvogen Pine Brook LLC, Natco Pharma Ltd. (Higgins, James)
June 25, 2019 Opinion or Order PATENT REPORT NOTICE: Please note that if patents are being added to this case, the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (fms)
June 25, 2019 Opinion or Order SO ORDERED, re #20 MOTION for Pro Hac Vice Appearance of Attorney Christopher D. Lynch, Ph.D. filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 6/25/2019. (fms)
June 24, 2019 Opinion or Order Filing 22 ANSWER to Amended Complaint, re: #14 Amended Complaint , COUNTERCLAIM against Janssen Biotech, Inc., Pharmacyclics LLC by Natco Pharma Ltd..(Sharp, Melanie)
June 24, 2019 Opinion or Order Filing 21 ANSWER to Amended Complaint, re: #14 Amended Complaint , COUNTERCLAIM against Janssen Biotech, Inc., Pharmacyclics LLC by Alvogen Pine Brook LLC, Natco Pharma Ltd..(Sharp, Melanie)
June 24, 2019 Opinion or Order Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Christopher D. Lynch, Ph.D. - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Certification by Counsel)(Sharp, Melanie)
June 24, 2019 Opinion or Order Filing 19 ANSWER to #11 Answer to Complaint, Counterclaim -- Answer to Natco's Counterclaims -- by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
June 24, 2019 Opinion or Order Filing 18 ANSWER to #10 Answer to Complaint, Counterclaim -- Answer to Alvogen's Counterclaims -- by Janssen Biotech, Inc., Pharmacyclics LLC.(Blumenfeld, Jack)
June 18, 2019 Opinion or Order Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Christopher N. Sipes, Erica N. Andersen, Brianne Bharkhda, Chanson Chang and Nicholas L. Evoy of COVINGTON & BURLING LLP - filed by Pharmacyclics LLC. (Blumenfeld, Jack)
June 18, 2019 Opinion or Order SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Christopher N. Sipes, Erica N. Andersen, Brianne Bharkhda, Chanson Chang and Nicholas L. Evoy of COVINGTON & BURLING LLP filed by Pharmacyclics LLC. Signed by Judge Colm F. Connolly on 6/18/2019. (fms)
June 11, 2019 Opinion or Order Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Irena Royzman - filed by Janssen Biotech, Inc.. (Tigan, Jeremy)
June 11, 2019 Opinion or Order SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Irena Royzman filed by Janssen Biotech, Inc. Signed by Judge Colm F. Connolly on 6/11/2019. (fms)
June 10, 2019 Opinion or Order Filing 15 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,213,386 . (Blumenfeld, Jack)
June 10, 2019 Opinion or Order Filing 14 First AMENDED COMPLAINT against Alvogen Pine Brook LLC, Natco Pharma Ltd.- filed by Janssen Biotech, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibits A-L, #2 Exhibits M-R)(Blumenfeld, Jack)
June 4, 2019 Opinion or Order SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Siegmund Y. Gutman and David M. Hanna filed by Alvogen Pine Brook LLC, Natco Pharma Ltd. Signed by Judge Colm F. Connolly on 6/4/2019. (fms)
June 4, 2019 Opinion or Order PATENT REPORT NOTICE: Please note that if patents are being added to this case (D.I. Nos. #10 , #11 ), the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (fms)
June 3, 2019 Opinion or Order Filing 13 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Natco Pharma Ltd.. (Ovanesian, Michelle)
June 3, 2019 Opinion or Order Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alvogen Malta Operations Limited for Alvogen Pine Brook LLC, Alvogen Pine Brook LLC filed by Alvogen Pine Brook LLC. (Ovanesian, Michelle)
June 3, 2019 Opinion or Order Filing 11 ANSWER to #1 Complaint, , COUNTERCLAIM against Janssen Biotech, Inc., Pharmacyclics LLC by Natco Pharma Ltd..(Sharp, Melanie)
June 3, 2019 Opinion or Order Filing 10 ANSWER to #1 Complaint, , COUNTERCLAIM against Janssen Biotech, Inc., Pharmacyclics LLC by Alvogen Pine Brook LLC.(Sharp, Melanie)
June 3, 2019 Opinion or Order Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Siegmund Y. Gutman and David M. Hanna - filed by Alvogen Pine Brook LLC, Natco Pharma Ltd.. (Attachments: #1 Certification by Counsel)(Ovanesian, Michelle)
April 10, 2019 Opinion or Order Filing 8 WAIVER OF SERVICE returned executed by Pharmacyclics LLC, Janssen Biotech, Inc.: For Natco Pharma Ltd. waiver sent on 4/2/2019, answer due 6/3/2019. (Tigan, Jeremy)
April 10, 2019 Opinion or Order Filing 7 WAIVER OF SERVICE returned executed by Pharmacyclics LLC, Janssen Biotech, Inc.: For Alvogen Pine Brook LLC waiver sent on 4/2/2019, answer due 6/3/2019. (Tigan, Jeremy)
March 6, 2019 Opinion or Order Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
March 3, 2019 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to Alvogen Pine Brook LLC on 3/3/2019; Natco Pharma Ltd. on 3/3/2019. 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)
March 1, 2019 Opinion or Order Filing 6 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Johnson & Johnson for Janssen Biotech, Inc. filed by Janssen Biotech, Inc. (rwc)
March 1, 2019 Opinion or Order Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent AbbVie Inc. for Pharmacyclics LLC filed by Pharmacyclics LLC. (rwc)
March 1, 2019 Opinion or Order Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,008,309 B2 ;7,514,444 B2 ;8,697,711 B2 ;8,735,403 B2 ;8,957,079 B2. (rwc)
March 1, 2019 Opinion or Order Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 1/17/19. Date of Expiration of Patent: SEE ATTACHED.Thirty Month Stay Deadline: 7/17/2021. (rwc)
March 1, 2019 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc)
March 1, 2019 Opinion or Order Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Alvogen Pine Brook LLC, Natco Pharma Ltd. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2583625.) - filed by Pharmacyclics LLC, Janssen Biotech, Inc.. (Attachments: #1 Exhibit A-L, #2 Exhibit M-Q, #3 Civil Cover Sheet)(rwc)

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Search for this case: Pharmacyclics LLC et al v. Alvogen Pine Brook LLC et al
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Defendant: Natco Pharma Ltd.
Represented By: Steven W. Lee
Represented By: Michelle M. Ovanesian
Represented By: Melanie K. Sharp
Represented By: James L. Higgins
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Defendant: Alvogen Pine Brook LLC
Represented By: Steven W. Lee
Represented By: Michelle M. Ovanesian
Represented By: Melanie K. Sharp
Represented By: David M. Hanna
Represented By: Christopher D. Lynch
Represented By: James L. Higgins
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Plaintiff: Pharmacyclics LLC
Represented By: Jeremy A. Tigan
Represented By: Jack B. Blumenfeld
Represented By: Chanson Chang
Represented By: Jeffrey J. Lyons
Represented By: Cristina L. Martinez
Represented By: Marcus A. Colucci
Represented By: David S. Denuyl
Represented By: Jennifer A. Ward
Represented By: Jennifer A Ward
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Counter defendant: Janssen Biotech, Inc.
Represented By: Jeremy A. Tigan
Represented By: Jack B. Blumenfeld
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