BioDelivery Sciences International, Inc. et al v. Chemo Research, S.L. et al
Plaintiff: Arius Two, Inc.
Defendant: Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. and Chemo Research, S.L.
Counter Defendant: BioDelivery Sciences International, Inc.
Case Number: 1:2019cv00444
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 Patent Infringement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2023 Filing 523 NOTICE of Address Change for Certain Pro Hac Vice Counsel by Chemo Research, S.L., Insud Pharma S.L. (Wilson, Samantha)
May 12, 2023 Filing 522 REDACTED VERSION of #521 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-9, #2 Exhibits A-G)(Tigan, Jeremy)
May 5, 2023 Filing 521 [SEALED] Joint Letter to The Honorable Colm F. Connolly regarding Status Report - re #509 Order,. (Attachments: #1 Exhibits 1-9, #2 Exhibits A-G)(Tigan, Jeremy)
April 24, 2023 Opinion or Order Filing 520 [SEALED] SO ORDERED, re #519 Stipulation, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 4/24/2023.This order has been emailed to local counsel. (kmd)
April 21, 2023 Filing 519 [SEALED] STIPULATION and [Proposed] Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
March 10, 2023 Filing 518 NOTICE requesting Clerk to remove Janelle Luceria Elysee as co-counsel.. (Wilson, Samantha)
February 23, 2023 Filing 517 REDACTED VERSION of (17 in 1:22-cv-01196-CFC, 508 in 1:19-cv-00444-CFC-CJB) Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exs. 1-9)(Tigan, Jeremy)
February 23, 2023 Opinion or Order Filing 516 SO ORDERED, re (23 in 1:22-cv-01196-CFC, 515 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC) to February 24, 2023, filed by Insud Pharma S.L.U., IntelGenx Corp., IntelGenX Technologies Corp., Xiromed, LLC, Chemo Research, S.L., Insud Pharma S.L., IntelGenx Technologies Corp. Signed by Judge Colm F. Connolly on 2/23/2023. Associated Cases: 1:19-cv-00444-CFC-CJB, 1:22-cv-01196-CFC(kmd)
February 22, 2023 Filing 515 STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC) to February 24, 2023 - filed by Chemo Research, S.L., Insud Pharma S.L.U., IntelGenx Corp., IntelGenx Technologies Corp., Xiromed, LLC, Insud Pharma S.L.. (Wilson, Samantha)
February 17, 2023 Filing 514 STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC) to February 22, 2023 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
February 17, 2023 Opinion or Order SO ORDERED, re (22 in 1:22-cv-01196-CFC, 514 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC) to February 22, 2023 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/17/2023. Associated Cases: 1:19-cv-00444-CFC-CJB, 1:22-cv-01196-CFC(nmf)
February 15, 2023 Opinion or Order SO ORDERED, re (513 in 1:19-cv-00444-CFC-CJB, 21 in 1:22-cv-01196-CFC) STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC to February 17, 2023 filed by Insud Pharma S.L.U., IntelGenx Corp., IntelGenX Technologies Corp., Xiromed, LLC, Chemo Research, S.L., Insud Pharma S.L., IntelGenx Technologies Corp. Signed by Judge Colm F. Connolly on 2/15/2023. Associated Cases: 1:19-cv-00444-CFC-CJB, 1:22-cv-01196-CFC(nmf)
February 14, 2023 Filing 513 STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC to February 17, 2023 - filed by Chemo Research, S.L., Insud Pharma S.L.U., IntelGenx Corp., IntelGenx Technologies Corp., Xiromed, LLC, Insud Pharma S.L.. (Wilson, Samantha)
February 13, 2023 Opinion or Order SO ORDERED, re (512 in 1:19-cv-00444-CFC-CJB, 20 in 1:22-cv-01196-CFC) STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC) to February 14, 2023 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/13/2023. Associated Cases: 1:19-cv-00444-CFC-CJB, 1:22-cv-01196-CFC(nmf)
February 10, 2023 Filing 512 STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I. 508 in 19-444-CFC, D.I. 17 in 22-1196-CFC) to February 14, 2023 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
February 9, 2023 Opinion or Order Filing 511 SO ORDERED, re (510 in 1:19-cv-00444-CFC-CJB) (18 in 1:22-cv-01196-CFC) STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I 508 in 1:19-cv-00444-CFC-CJB) (D.I. 17 in 1:22-cv-01196-CFC) filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L., Xiromed, LLC. Signed by Judge Colm F. Connolly on 2/9/2023. Associated Cases: 1:19-cv-00444-CFC-CJB, 1:22-cv-01196-CFC(kmd)
February 8, 2023 Filing 510 STIPULATION TO EXTEND TIME to file a redacted version of the Joint Status Report (D.I 508) to February 10, 2023 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 8, 2023 Opinion or Order Filing 509 ORDER. The Court has reviewed the parties' #508 Joint Status Report. Chemo's request for a trial date is DENIED. The parties shall update the Court at such time as the FDA addresses Chemo's July 29, 2022 response to the FDA. Signed by Judge Colm F. Connolly on 2/8/2023. (kmd)
February 1, 2023 Filing 508 [SEALED] Joint Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Status Report - re Oral Order,, Set Deadlines, Oral Order,, Status Report Order,. (Attachments: #1 Exhibits 1-9)(Tigan, Jeremy)
August 25, 2022 Filing 507 REDACTED VERSION of #499 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-8)(Tigan, Jeremy)
August 25, 2022 Filing 506 REDACTED VERSION of #501 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
August 24, 2022 Opinion or Order Filing 505 SO ORDERED, re #504 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their August 15, 2022 letter to the Court (D.I. 499) and for Defendants to file a redacted version of their August 17, 2022 letter to the Court (D.I. 501) to August 25, 2022, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Colm F. Connolly on 8/24/2022. (kmd)
August 24, 2022 Opinion or Order ORAL ORDER: I have reviewed the parties' competing letters (D.I. #498 ; D.I. #499 ; D.I. #501 ), and I agree with Plaintiffs that it does not make sense to schedule a trial date until Chemo's July 29, 2022 response has been addressed. It is HEREBY ORDERED that the parties shall file a joint status report on February 1, 2023. (Set Deadlines: Status Report due by 2/1/2023.) Ordered by Judge Colm F. Connolly on 8/24/2022. (kmd)
August 23, 2022 Filing 504 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their August 15, 2022 letter to the Court (D.I. 499) and for Defendants to file a redacted version of their August 17, 2022 letter to the Court (D.I. 501) to August 25, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
August 23, 2022 Opinion or Order Filing 503 SO ORDERED, re #502 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their August 15, 2022 letter to the Court (D.I. 499) to August 23, 2022, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 8/23/2022. (kmd)
August 22, 2022 Filing 502 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their August 15, 2022 letter to the Court (D.I. 499) to August 23, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
August 17, 2022 Filing 501 [SEALED] Letter to The Honorable Colm F. Connolly from Anne Shea Gaza regarding Response to BDSI's August 15, 2022 Letter - re #499 Letter. (Attachments: #1 Exhibit A-K)(Gaza, Anne)
August 17, 2022 CORRECTING ENTRY: The pdf of the sealed letter at D.I. #498 with attached exhibit A has been replaced with a corrected pdf in 14 point font. (nmf)
August 15, 2022 Filing 500 REDACTED VERSION of #498 Letter, Letter to The Honorable Colm F. Connolly from Anne Shea Gaza regarding Defendants' request for a teleconference to address timing for trial and related pre- and post-trial matters per March 30, 2022 Order by Chemo Research, S.L.. (Gaza, Anne)
August 15, 2022 Filing 499 [SEALED] Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Plaintiffs' Response to Defendants' August 8, 2022 Letter - re #498 Letter,. (Attachments: #1 Exhibits 1-8)(Tigan, Jeremy)
August 8, 2022 Filing 498 [SEALED] Letter to The Honorable Colm F. Connolly from Anne Shea Gaza regarding Defendants' request for a teleconference to address timing for trial and related pre- and post-trial matters per March 30, 2022 Order - re Oral Order (Gaza, Anne) (Main Document 498 replaced on 8/17/2022) .
July 5, 2022 Filing 497 NOTICE requesting Clerk to remove Blake B. Greene as co-counsel. Reason for request: No Longer with Firm. (Tigan, Jeremy)
May 19, 2022 Filing 496 REDACTED VERSION of #461 Memorandum Order (dlb)
May 19, 2022 Opinion or Order Filing 495 ORDER granting D.I. #463 MOTION to Seal Memorandum Order (D.I. 461) [Unopposed] filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Signed by Judge Christopher J. Burke on 5/19/2022. (dlb)
April 7, 2022 Filing 494 Official Transcript of Discovery Dispute Teleconference held on 02/02/22 before Judge Christopher J. Burke. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (Triozzi, Heather)
March 31, 2022 CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's #Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. 652(b). (Taylor, Daniel)
March 30, 2022 Opinion or Order Filing 493 SO ORDERED, re #490 STIPULATION TO EXTEND TIME to File Trial-Related Motions to Seal and Proposed Redactions to [30 days after post-trial briefing is complete], filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 3/30/2022. (kmd)
March 30, 2022 Filing 492 MOTION to Stay re 491 Oral Order, - BDSI's Renewed Motion to Stay - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
March 30, 2022 Opinion or Order Filing 491 ORAL ORDER: With regard to the parties' letter briefing, (D.I. 465; D.I. 467; D.I. 470; D.I. 472; D.I. 475), regarding Plaintiffs' request to renew their motion to stay, the Court hereby ORDERS that for administrative purposes, Plaintiffs shall separately file a one-page Renewed Motion to Stay. Ordered by Judge Christopher J. Burke on 3/30/2022. (mlc)
March 30, 2022 Opinion or Order ORAL ORDER: The Court hereby ORDERS as follows: (1) Trial in this case is currently scheduled to begin on April 25, 2022. However, the Court also has another trial scheduled to begin on the same date; that other trial appears as if it will go forward and it relates to a case that was filed before this one. Therefore, the other trial will take precedence, and so the Court will not be able to try this case on April 25.; (2) The Court has also conferred with Judge Burke about Plaintiffs' pending motion to stay the case. (D.I. 465; D.I. 467; D.I. 470; D.I. 472; D.I. 473; D.I. 475) In light of the lack of FDA approval for Defendants' drug product and the continuing back-and-forth between Defendants and the FDA, the Court and Judge Burke do not see why Defendants will be unduly prejudiced if trial is further postponed in this case. However, the Court and Judge Burke are not convinced that the best course is to stay the case, since prior to trial, there may continue to be a need for Court involvement in pre-trial disputes regarding the status of Defendants ANDA and related discovery issues.; (3) For all of these reasons, the Court hereby VACATES the current trial and pretrial conference dates. It will reschedule the trial for a date to be determined, and will set a teleconference with the parties in the future to discuss appropriate dates for that trial. The motion to stay is DENIED WITHOUT PREJUDICE TO RENEW in light of this Order. Ordered by Judge Colm F. Connolly on 3/30/2022. (nmf)
March 29, 2022 Filing 490 STIPULATION TO EXTEND TIME to File Trial-Related Motions to Seal and Proposed Redactions to [30 days after post-trial briefing is complete] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 29, 2022 Opinion or Order Filing 489 SO ORDERED, re #488 Stipulation to Amend Protective Order, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 3/29/2022. (kmd) Modified on 3/29/2022 (kmd).
March 28, 2022 Filing 488 STIPULATION to Amend Protective Order re #48 Protective Order, #313 SO ORDERED, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
March 28, 2022 Filing 487 REDACTED VERSION of #468 Declaration, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
March 28, 2022 Filing 486 REDACTED VERSION of #467 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
March 28, 2022 Opinion or Order SO ORDERED, re #484 MOTION for Pro Hac Vice Appearance of Attorney Oren D. Langer, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Colm F. Connolly on 3/28/2022. (kmd)
March 28, 2022 Pro Hac Vice Attorney Oren D. Langer for Arius Two, Inc. and BioDelivery Sciences International, 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. (mpb)
March 25, 2022 Filing 485 REDACTED VERSION of #472 Notice (Other) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
March 25, 2022 Filing 484 MOTION for Pro Hac Vice Appearance of Attorney Oren D. Langer - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
March 23, 2022 Filing 483 [SEALED] EXHIBIT re #480 Proposed Pretrial Order -- Exhibit 15 Plaintiffs' Motions in Limine -- by BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
March 23, 2022 Filing 482 REDACTED VERSION of #473 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exs. 1-4)(Tigan, Jeremy)
March 23, 2022 Filing 481 MOTION for Pro Hac Vice Appearance of Attorney Byron L. Pickard, Esquire and Ariana C. Randal, Esquire - filed by Chemo Research, S.L., Insud Pharma S.L.. (Wilson, Samantha)
March 23, 2022 Opinion or Order SO ORDERED, re #481 MOTION for Pro Hac Vice Appearance of Attorney Byron L. Pickard, Esquire and Ariana C. Randal, Esquire, filed by Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Colm F. Connolly on 3/23/2022. (kmd)
March 23, 2022 Pro Hac Vice Attorney Ariana C Randal and Byron L. Pickard for Chemo Research, S.L. and Insud Pharma S.L. 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. (mpb)
March 22, 2022 Filing 480 [SEALED] Proposed Pretrial Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-14; Exhibit 16)(Tigan, Jeremy)
March 22, 2022 Filing 479 REDACTED VERSION of #470 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-8)(Tigan, Jeremy)
March 22, 2022 Opinion or Order SO ORDERED, re #478 STIPULATION TO EXTEND TIME for the Parties to File Their Motions in Limine Papers as a Supplement to the Joint Proposed Pretrial Order to March 23, 2022 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 3/22/2022. (nmf)
March 21, 2022 Filing 478 STIPULATION TO EXTEND TIME for the Parties to File Their Motions in Limine Papers as a Supplement to the Joint Proposed Pretrial Order to March 23, 2022 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 21, 2022 Opinion or Order SO ORDERED, re #476 STIPULATION TO EXTEND TIME for the parties to file the Joint [Proposed] Pretrial Order to March 22, 2022, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Re-Set Scheduling Order Deadlines: Proposed Pretrial Order due by 3/22/2022. Ordered by Judge Colm F. Connolly on 3/21/2022. (kmd)
March 21, 2022 Opinion or Order SO ORDERED D.I. #477 STIPULATION TO EXTEND TIME for the parties to file redacted versions of the March 8, 2022 letter and declaration (D.I. 467-468) and March 11, 2022 letter (D.I. 470) to March 21, 2022 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 3/21/2022. (mlc)
March 18, 2022 Filing 477 STIPULATION TO EXTEND TIME for the parties to file redacted versions of the March 8, 2022 letter and declaration (D.I. 467-468) and March 11, 2022 letter (D.I. 470) to March 21, 2022 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 18, 2022 Filing 476 STIPULATION TO EXTEND TIME for the parties to file the Joint [Proposed] Pretrial Order to March 22, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Simonetti, Sarah)
March 16, 2022 Filing 475 Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding BDSI's March 15 letter - re #473 Letter, 458 Oral Order,,,,,,,,,, #472 Notice (Other). (Gaza, Anne)
March 16, 2022 Opinion or Order SO ORDERED D.I. #474 STIPULATION TO EXTEND TIME for Defendants to file redacted versions of their March 8, 2022 letter and declaration (D.I. 467-468) to March 18, 2022 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 3/16/2022. (dlb)
March 15, 2022 Filing 474 STIPULATION TO EXTEND TIME for Defendants to file redacted versions of their March 8, 2022 letter and declaration (D.I. 467-468) to March 18, 2022 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 15, 2022 Filing 473 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Defendants' Notice of Subsequent Developments - re #472 Notice (Other). (Attachments: #1 Exhibits 1-4)(Tigan, Jeremy)
March 14, 2022 Filing 472 [SEALED] NOTICE of of Subsequent Developments by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. re #467 Letter, #465 Letter, #470 Letter (Attachments: #1 Exhibit 1)(Gaza, Anne)
March 14, 2022 Filing 471 REDACTED VERSION of #465 Letter, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-9, #2 Exhibits 10-26)(Tigan, Jeremy)
March 11, 2022 Filing 470 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding BDSI's Reply in Support of its Renewed Request for a Stay - re 458 Oral Order,,,,,,,,,,. (Attachments: #1 Exhibits 1-8)(Tigan, Jeremy)
March 9, 2022 Opinion or Order SO ORDERED D.I. #469 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their March 1, 2022 letter (D.I. 465) to March 11, 2022 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 3/9/2022. (dlb)
March 8, 2022 Filing 469 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their March 1, 2022 letter (D.I. 465) to March 11, 2022 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 8, 2022 Filing 468 [SEALED] DECLARATION re #467 Letter, [Declaration of Radhika Rajagopalan] by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Gaza, Anne)
March 8, 2022 Filing 467 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Opposition to BDSI's Third Motion to Stay - re #465 Letter. (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)(Gaza, Anne)
March 7, 2022 Filing 466 REDACTED VERSION of #464 Exhibit to a Document by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 1, 2022 Filing 465 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding BDSI's Renewed Request for a Stay - re 458 Oral Order,,,,,,,,,,. (Attachments: #1 Exhibits 1-9, #2 Exhibits 10-26)(Tigan, Jeremy)
February 28, 2022 Filing 464 [SEALED] EXHIBIT re #463 MOTION to Seal Memorandum Order (D.I. 461) [Unopposed] (Exhibit B) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 28, 2022 Filing 463 MOTION to Seal Memorandum Order (D.I. 461) [Unopposed] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Wilson, Samantha)
February 23, 2022 Opinion or Order Filing 462 ORAL ORDER: With regard to Defendants' motion to strike Plaintiffs' infringement contentions ("Motion"), (D.I. 421), it is undisputed that the decision on the Motion "rise[s] or fall[s,]" (id. at 1), with the decision addressed in the Court's order issued earlier today, (D.I. 461). Therefore, the Motion is DENIED. Ordered by Judge Christopher J. Burke on 2/23/2022. (dlb)
February 23, 2022 Opinion or Order Filing 461 [SEALED] MEMORANDUM ORDER regarding D.I. #406 Joint MOTION for Teleconference to Resolve Discovery Dispute. Because this Memorandum Order may contain confidential information, it has been released under seal, pending review by the parties to allow them to submit a single, jointly proposed, redacted version (if necessary) of the document. Any such redacted version shall be submitted by no later than February 28, 2022 for review by the Court. Signed by Judge Christopher J. Burke on 2/23/2022.This order will be emailed to local counsel. (dlb)
February 21, 2022 Filing 460 REDACTED VERSION of #452 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding the Status of Chemo's ANDA by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit 1-19)(Simonetti, Sarah)
February 21, 2022 Filing 459 REDACTED VERSION of #453 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
February 17, 2022 Opinion or Order Filing 458 ORAL ORDER: The Court has reviewed the parties' February 9, 2022 letters regarding the status of Chemo's ANDA. (D.I. 452; D.I. 453) It HEREBY ORDERS as follows: (1) As an initial matter, the Court asked the parties for a three-page status report by close of business on February 9, 2022, but it did not receive that (instead, it received two separate letters totaling five pages, filed after the close of business). The reason for this appears to be Plaintiffs' heading-scratching decision to require the initial exchange of the parties' positions one hour before the filing deadline (even though the parties had a week to meet and confer and prepare their joint submission). (D.I. 452 at 1; D.I. 453 at 1) More than that, Plaintiffs appended a new declaration to their letter that Defendants had no reasonable advance notice of; Plaintiffs then tried to use the declaration in an effort to impact the Courts decisions going forward. (D.I. 452, ex. 1) The Court STRIKES this declaration and any portions of Plaintiffs' letter referring to the declaration from the record; it will not consider these materials herein, due to Plaintiffs' inability to meet and confer in a reasonable way.; (2) With regard to the parties' back and forth as to whether the upcoming trial should be postponed, in the Court's mind, the key issue is not whether the FDA will approve Defendants proposed product ("Defendants' product") prior to trial. (D.I. 452 at 1-2; D.I. 453 at 2; cf. D.I. 372 at paras. 2-3) Instead, the key issues are whether: (a) In light of their continuing interaction with the FDA, has or will Defendants' product change from its prior iteration in a manner that is material to the infringement analysis in this case?; (b) And, if so, will Plaintiffs have had a full and fair ability to obtain discovery on any such changes prior to trial?; (3) Plaintiffs have not yet made a sufficient case to warrant postponement of the trial or stay of the case. But if they believe they can, they may in the future file a renewed motion to stay along with an opening letter brief of three (3) single-spaced pages. The letter should be sure to address, in detail, the key issues the Court referred to above. Any responsive brief shall be filed no more than seven days thereafter, and shall be no more than three (3) single-spaced pages. Any reply brief shall be filed no more than three days thereafter, and shall be no more than two (2) single-spaced pages. Ordered by Judge Christopher J. Burke on 2/17/2022. (dlb)
February 17, 2022 Opinion or Order SO ORDERED D.I. #457 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their February 9, 2022 letters (D.I. 452 & 453) to February 21, 2022 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Ordered by Judge Christopher J. Burke on 2/17/2022. (dlb)
February 16, 2022 Filing 457 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their February 9, 2022 letters (D.I. 452 & 453) to February 21, 2022 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 11, 2022 Filing 456 NOTICE to Take Deposition of Dr. Richard L. Rauck, M.D. on (See Notice) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
February 11, 2022 Filing 455 NOTICE to Take Deposition of Dr. Steve J. Bannister, Ph.D. on (See Notice) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
February 11, 2022 Filing 454 NOTICE to Take Deposition of Dr. James E. Polli on (See Notice) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
February 9, 2022 Filing 453 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding the Status of Chemo's ANDA. (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)(Gaza, Anne)
February 9, 2022 Filing 452 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding the Status of Chemo's ANDA. (Attachments: #1 Exhibit 1-14, #2 Exhibit 15-18, #3 Exhibit 19)(Tigan, Jeremy)
February 2, 2022 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 2/2/2022. The Court heard the parties' arguments regarding the parties' Joint Motion for Teleconference to Resolve Discovery Disputes. (D.I. 451) After hearing the parties regarding the dispute, the Court resolved the issues on the record and the transcript shall serve as the substance of the Court's Order. The Court also ordered that the parties file a joint status report, by no later than one week from today, not to exceed three (3) single-spaced pages, related to Chemo's ANDA. Clerk: (E. Bryant-Alvarez) APPEARANCES: J. Tigan, H. Levine and J. Swan for Plaintiff; A. Gaza, S. Wilson, D. Varughese, A. LaRock and G. Godfrey for Defendants. (Court Reporter Heather Troizzi) (dlb)
February 1, 2022 Filing 451 Joint MOTION for Teleconference to Resolve Discovery Disputes re 450 Oral Order, 439 Order Setting Teleconference,,,,,, - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy)
February 1, 2022 Opinion or Order Filing 450 ORAL ORDER: The Court, in possession of the parties' discovery dispute briefing, (D.I. 440; D.I. 443), related to the discovery dispute teleconference scheduled for February 2, 2022 at 11:00 a.m., hereby ORDERS that the parties should file a "Motion to Resolve Discovery Disputes" for the Court's administrative purposes in accordance with the Court's Oral Order dated 1/3/2022 (D.I. 439). Ordered by Judge Christopher J. Burke on 2/1/2022. (dlb)
January 28, 2022 Filing 449 NOTICE OF SERVICE of (1) Reply Expert Report of Steve J. Bannister, Ph.D. Regarding Infringement, (2) Reply Expert Report of Dr. James E. Polli on Infringement, and (3) Reply Expert Report of Richard L. Rauck, M.D., on Infringement filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
January 26, 2022 Filing 448 REDACTED VERSION of #443 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
January 25, 2022 Filing 447 REDACTED VERSION of #440 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-12)(Tigan, Jeremy)
January 21, 2022 Opinion or Order Filing 446 ORAL ORDER: Along with the parties' discovery disputes, the status of the ANDA, (D.I. 389), will be addressed during the February 2, 2022 teleconference. Ordered by Judge Christopher J. Burke on 1/21/2022. (dlb)
January 21, 2022 Filing 445 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. 440) to January 25, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
January 21, 2022 Opinion or Order SO ORDERED D.I. #444 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. 440) to January 20, 2022, and D.I. #445 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. 440) to January 25, 2022 filed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Ordered by Judge Christopher J. Burke on 1/21/2022. (dlb)
January 19, 2022 Filing 444 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. 440) to January 20, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
January 18, 2022 Filing 443 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Discovery Disputes. (Attachments: #1 Exhibit A through C)(Gaza, Anne)
January 14, 2022 Opinion or Order Filing 442 STIPULATION AND ORDER re #441 STIPULATION TO EXTEND TIME for (1) Reply Expert Reports, and (2) Close of Expert Discovery to January 28, 2022 and February 23, 2022, respectively. Re-Setting Scheduling Order Deadlines: Expert Discovery due by 2/23/2022. Signed by Judge Colm F. Connolly on 1/14/2022. (kmd)
January 14, 2022 Filing 441 STIPULATION TO EXTEND TIME for (1) Reply Expert Reports, and (2) Close of Expert Discovery to January 28, 2022 and February 23, 2022, respectively - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
January 11, 2022 Filing 440 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Disputes - re 439 Order Setting Teleconference,,,,,,. (Attachments: #1 Exhibits 1-12)(Tigan, Jeremy)
January 3, 2022 Opinion or Order Filing 439 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 31 2021 letter requesting a discovery dispute teleconference regarding two discovery disputes. (D.I. 438) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 2/2/2022 at 11:00 AM before Judge Christopher J. Burke.; (3) By January 11, 2022, any party seeking relief shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issue in dispute and its position on that issue. By January 18, 2022, any party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) By no later than January 25, 2022, 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) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 1/3/2022. (mlc)
December 31, 2021 Filing 438 Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for a Discovery Teleconference. (Tigan, Jeremy)
December 30, 2021 Filing 437 REDACTED VERSION of #432 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
December 29, 2021 Filing 436 REDACTED VERSION of #430 Letter, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-14)(Tigan, Jeremy)
December 27, 2021 Opinion or Order SO ORDERED, re #435 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. #430 ) in opposition to Defendants motion to strike and for Defendants to file a redacted version of their reply letter (D.I. #432 ) regarding their motion to strik filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Signed by Judge Christopher J. Burke on 12/27/2021. (smg)
December 23, 2021 Filing 435 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. 430) in opposition to Defendants motion to strike and for Defendants to file a redacted version of their reply letter (D.I. 432) regarding their motion to strike to December 29, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
December 22, 2021 Filing 434 Letter to The Honorable Christopher J. Burke from Samantha G. Wilson regarding Request for a Teleconference for Defendants' Motion to Strike Plaintiffs' New and Improper Infringement Theories - re #421 MOTION to Strike BDSI's New and Improper Infringement Theories. (Wilson, Samantha)
December 22, 2021 Filing 433 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. 430) in opposition to Defendants' Motion to Strike to December 23, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
December 22, 2021 Opinion or Order SO ORDERED D.I. #433 STIPULATION TO EXTEND TIME for Plaintiffs to file a redacted version of their letter (D.I. 430) in opposition to Defendants' Motion to Strike to December 23, 2021 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 12/22/2021. (dlb)
December 21, 2021 Filing 432 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Reply in Support of Motion to Strike BDSI's New and Improper Infringement Theories - re #421 MOTION to Strike BDSI's New and Improper Infringement Theories, #430 Letter,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaza, Anne)
December 20, 2021 Filing 431 NOTICE OF SERVICE of 1) Rebuttal Expert Report of Hugh David Charles Smyth, Ph.D. Regarding Non-Infringement and 2) Rebuttal Expert Report of F. Dean Toste, Ph.D. Regarding Non-Infringement filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
December 14, 2021 Filing 430 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Plaintiffs' Opposition to Chemo's Motion To Strike - re #421 MOTION to Strike BDSI's New and Improper Infringement Theories, #422 Letter,. (Attachments: #1 Exs. 1-14)(Tigan, Jeremy)
December 10, 2021 Filing 429 REDACTED VERSION of #422 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
December 8, 2021 Opinion or Order SO ORDERED D.I. #428 STIPULATION TO EXTEND TIME for Defendants to file a redacted version of their letter (D.I. 422) in support of their motion to strike to December 10, 2021 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 12/8/2021. (dlb)
December 7, 2021 Filing 428 STIPULATION TO EXTEND TIME for Defendants to file a redacted version of their letter (D.I. 422) in support of their motion to strike to December 10, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
December 7, 2021 Filing 427 REDACTED VERSION of #410 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-8)(Tigan, Jeremy)
December 7, 2021 Filing 426 REDACTED VERSION of #407 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-15)(Tigan, Jeremy)
December 7, 2021 Filing 425 REDACTED VERSION of #409 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
December 3, 2021 Filing 424 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to December 7, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
December 3, 2021 Opinion or Order SO ORDERED D.I. #424 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to December 7, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Christopher J. Burke on 12/3/2021. (dlb)
December 2, 2021 Opinion or Order Filing 423 ORAL ORDER: The Court, having been referred Defendants' motion to strike ("the Motion"), (D.I. 421), hereby ORDERS as follows: (1) By no later than December 14, 2021, an answering brief shall be filed regarding the Motion, not to exceed five (5) single-spaced pages, in no less than 12-point font; and (2) By no later than December 21, 2021, a reply brief shall be filed regarding the Motion, not to exceed two (2) single-spaced pages, in no less than 12-point font. Ordered by Judge Christopher J. Burke on 12/2/2021. (dlb)
December 1, 2021 Opinion or Order ORAL ORDER REFERRING MOTION: #421 MOTION to Strike BDSI's New and Improper Infringement Theories to Magistrate Judge Christopher J. Burke. Ordered by Judge Colm F. Connolly on 12/1/2021.(nmf)
November 30, 2021 Filing 422 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Motion to Strike BDSI's New and Improper Infringement Theories - re #421 MOTION to Strike BDSI's New and Improper Infringement Theories. (Attachments: #1 Exhibit A-D)(Gaza, Anne)
November 30, 2021 Filing 421 MOTION to Strike BDSI's New and Improper Infringement Theories - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
November 19, 2021 Filing 420 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions to November 29, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
November 17, 2021 Filing 419 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions to November 19, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
November 17, 2021 Opinion or Order SO ORDERED D.I. #419 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions to November 19, 2021 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 11/17/2021. (dlb)
November 15, 2021 Opinion or Order SO ORDERED D.I. #418 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions to November 16, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Christopher J. Burke on 11/15/2021. (mlc)
November 12, 2021 Filing 418 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions to November 16, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
November 10, 2021 Filing 417 NOTICE OF SERVICE of (1) Expert Report of Steve J. Bannister, Ph.D. Regarding Infringement, (2) Opening Expert Report of Richard L. Rauck, M.D., on Infringement, and (3) Opening Expert Report of Dr. James E. Polli on Infringement filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
November 5, 2021 Filing 416 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to November 12, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
November 5, 2021 Opinion or Order SO ORDERED D.I. #416 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to November 12, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Christopher J. Burke on 11/5/2021. (dlb)
November 3, 2021 Filing 415 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to November 5, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
November 3, 2021 Opinion or Order SO ORDERED D.I. #415 STIPULATION TO EXTEND TIME for the parties to file redacted versions of their letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to November 5, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Christopher J. Burke on 11/3/2021. (dlb)
November 2, 2021 Opinion or Order Filing 414 SO ORDERED, re #411 STIPULATION TO EXTEND TIME of Certain Scheduling Order Deadlines to Various Dates filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Re-Setting Scheduling Order Deadlines: Opening Expert Reports due by 11/10/2021. Rebuttal Expert Reports due by 12/17/2021. Reply Expert Reports Due 1/14/2022. Close of Expert Discovery 2/14/2022. Proposed Pretrial Order due by 3/21/2022. Signed by Judge Colm F. Connolly on 11/2/2021. (kmd)
November 1, 2021 Opinion or Order Filing 413 ORAL ORDER: The Court, having reviewed the briefing for today's scheduled discovery dispute teleconference, and noting that full briefing (i.e., an opening, answering and reply brief was provided), hereby ORDERS that a teleconference is not necessary and the Court will resolve the dispute on the papers. Today's teleconference is hereby CANCELLED. Ordered by Judge Christopher J. Burke on 11/1/2021. (dlb)
November 1, 2021 Opinion or Order SO ORDERED D.I. #412 STIPULATION TO EXTEND TIME to file redacted versions of the parties' letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to November 3, 2021 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 11/1/2021. (dlb)
October 29, 2021 Filing 412 STIPULATION TO EXTEND TIME to file redacted versions of the parties' letters regarding Plaintiffs' pending request for leave to amend their infringement contentions (D.I. 407, 409, and 410) to November 3, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
October 27, 2021 Filing 411 STIPULATION TO EXTEND TIME of Certain Scheduling Order Deadlines to Various Dates - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
October 26, 2021 Filing 410 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Reply to Chemo's 10/19/2021 Letter - re #409 Letter. (Attachments: #1 Exs. 1-8)(Tigan, Jeremy)
October 19, 2021 Filing 409 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Chemo's Opposition to BDSI's Request for Leave - re #407 Letter. (Attachments: #1 Exhibit 1-17)(Gaza, Anne)
October 13, 2021 Filing 408 NOTICE requesting Clerk to remove Charles E. Lipsey, Daniel G. Chung, Justin J. Hasford, Jeffrey D. Smyth, and Michael R. Galgano of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP as co-counsel.. (Tigan, Jeremy)
October 12, 2021 Filing 407 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Leave to Supplement Infringement Contentions - re 404 Order Setting Teleconference,,,,,,,. (Attachments: #1 Exhibits 1-15)(Tigan, Jeremy)
October 12, 2021 Filing 406 Joint MOTION for Teleconference to Resolve Discovery Dispute re 404 Order Setting Teleconference,,,,,,, - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy)
October 12, 2021 Opinion or Order SO ORDERED, re #405 MOTION for Pro Hac Vice Appearance of Attorney Pejmon Pashai filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 10/12/2021. (kmd)
October 11, 2021 Filing 405 MOTION for Pro Hac Vice Appearance of Attorney Pejmon Pashai - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
October 5, 2021 Opinion or Order Filing 404 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' October 4, 2021 letter requesting a discovery dispute teleconference regarding one discovery dispute. (D.I. 401) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for November 1, 2021 at 1:00 PM before Judge Christopher J. Burke.; (3) By October 12, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By October 19, 2021, any party opposing the application for relief may file a letter, not to exceed five (5) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition. By October 26, 2021 any party seeking relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that partys reply.; (4) The parties should also consult Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) By no later than October 28, 2021, 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) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 10/5/2021. (dlb)
October 4, 2021 Filing 403 NOTICE OF SERVICE of 1) Defendants' Responses and Objections to Plaintiffs' First Set of Requests for Admission (Nos. 1-44); 2) Defendants' Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 3, 6 & 8-11); and 3) Defendants' Responses and Objections to Plaintiffs' Second Set of Requests for the Production of Documents and Things (No. 44) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
October 4, 2021 Filing 402 NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendants' Interrogatories (Nos. 2 and 10) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
October 4, 2021 Filing 401 Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding request for discovery dispute teleconference. (Tigan, Jeremy)
October 4, 2021 Opinion or Order ORAL ORDER: I have reviewed Plaintiffs' objections to the Magistrate Judge's Report and Recommendation (D.I. #383 ). The Magistrate Judge's ruling was neither clearly erroneous nor contrary to law and therefore I will DENY the objections. Ordered by Judge Colm F. Connolly on 10/4/2021. (nmf)
September 29, 2021 Filing 400 NOTICE requesting Clerk to remove Daniele San Roman as co-counsel. Reason for request: leaving the firm. (Tigan, Jeremy)
September 28, 2021 Filing 399 NOTICE to Take Deposition of David Hernandez on October 5, 2021 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
September 27, 2021 Filing 398 MOTION for Pro Hac Vice Appearance of Attorney Brian M. Goldberg - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
September 27, 2021 Opinion or Order SO ORDERED, re #398 MOTION for Pro Hac Vice Appearance of Attorney Brian M. Goldberg filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 9/27/2021. (kmd)
September 23, 2021 Pro Hac Vice Attorney Janelle L. Elysee for IntelGenX Technologies Corp., for IntelGenx Corp. 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)
September 23, 2021 Opinion or Order SO ORDERED, re #397 MOTION for Pro Hac Vice Appearance of Attorney Janelle Luceria Elysee filed by IntelGenx Corp., IntelGenX Technologies Corp. Signed by Judge Colm F. Connolly on 9/23/2021. (nmf)
September 22, 2021 Filing 397 MOTION for Pro Hac Vice Appearance of Attorney Janelle Luceria Elysee - filed by IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
September 16, 2021 Filing 396 MOTION for Pro Hac Vice Appearance of Attorney Shyam Shanker - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
September 16, 2021 Pro Hac Vice Attorney Ryan E. Conkin for Chemo Research, S.L. and Insud Pharma S.L. 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. (srs)
September 16, 2021 Opinion or Order SO ORDERED, re #396 MOTION for Pro Hac Vice Appearance of Attorney Shyam Shanker filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 9/16/2021. (kmd)
September 15, 2021 Filing 395 MOTION for Pro Hac Vice Appearance of Attorney Blake B. Greene - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
September 15, 2021 Opinion or Order SO ORDERED, re #395 MOTION for Pro Hac Vice Appearance of Attorney Blake B. Greene filed by BioDelivery Sciences International, Inc., Arius Two, Inc., #394 MOTION for Pro Hac Vice Appearance of Attorney Ryan E. Conkin filed by Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 9/15/2021. (nmf)
September 13, 2021 Filing 394 MOTION for Pro Hac Vice Appearance of Attorney Ryan E. Conkin - filed by Chemo Research, S.L., Insud Pharma S.L.. (Wilson, Samantha)
September 8, 2021 Filing 393 NOTICE OF SERVICE of Defendants' Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 3, 8, 10-11) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
September 3, 2021 Filing 392 NOTICE OF SERVICE of (1) Plaintiffs' Second Set of Requests for the Production of Documents and Things to Defendants (No. 44) and (2) Plaintiffs' First Set of Requests for Admission to Defendants (Nos. 1-44) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
August 5, 2021 Filing 391 REDACTED VERSION of #372 Memorandum Order. (dlb)
August 5, 2021 Opinion or Order Filing 390 ORDER regarding D.I. #377 UNOPPOSED MOTION TO SEAL AND REDACT re #372 Memorandum and Order filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Signed by Judge Christopher J. Burke on 8/5/2021. (dlb)
July 16, 2021 Opinion or Order SO ORDERED D.I. #389 Proposed Order Amending Schedule re 7/12/21 Oral Order. Scheduling Order Deadlines: Fact Discovery to be completed by 10/4/2021, Opening Expert Reports due by 11/1/2021, Rebuttal Expert Reports due by 11/29/2021, Conference with Court on status of Chemo's ANDA 1/21, 2022, Proposed Pretrial Order due by 3/19/2022, A Pretrial Conference is set for 4/12/2022 at 02:00 PM in Courtroom 4B before Judge Colm F. Connolly, A Bench Trial is set for 4/25/2022 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Christopher J. Burke on 7/16/2021. (dlb)
July 15, 2021 Filing 389 PROPOSED ORDER Amending Schedule re Oral Order,, 7/12/21 Oral Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
July 14, 2021 Filing 388 REDACTED VERSION of #387 Response to Objections by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
July 12, 2021 Opinion or Order ORAL ORDER: The Court has reviewed the parties' June 15, 2022 joint letter ("letter"), (D.I. 374), and HEREBY ORDERS as follows: (1) The Court agrees with Plaintiffs' proposed schedule, for the reasons Plaintiffs put forward.; and (2) By no later than July 15, 2021, the parties shall jointly submit a proposed Order conforming with Plaintiffs' proposal, (D.I. 374 at 1), which sets the pre-trial conference for April 12, 2022 at 2:00 PM and the trial to begin on April 25, 2022. Ordered by Judge Christopher J. Burke on 7/12/2021. (dlb)
July 9, 2021 Filing 387 [SEALED] RESPONSE TO OBJECTIONS by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. re #383 Objections . (Gaza, Anne)
July 2, 2021 Filing 386 REDACTED VERSION of #383 Objections by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
July 2, 2021 Filing 385 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Courtesy Copies Pursuant to the Court's Standing Order for Objections Filed Under Fed. R. Civ. P. 72 - re #372 Memorandum and Order, #383 Objections. (Tigan, Jeremy)
June 28, 2021 Filing 384 REDACTED VERSION of #378 Exhibit to a Document, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
June 25, 2021 Filing 383 [SEALED] OBJECTIONS by Arius Two, Inc., BioDelivery Sciences International, Inc. to #372 Memorandum and Order . (Tigan, Jeremy)
June 25, 2021 Filing 382 REDACTED VERSION of (230 in 1:18-cv-01395-CFC-CJB, 328 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 25, 2021 Filing 381 REDACTED VERSION of (229 in 1:18-cv-01395-CFC-CJB, 327 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 25, 2021 Filing 380 REDACTED VERSION of #374 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 24, 2021 Opinion or Order SO ORDERED D.I. #379 STIPULATION TO EXTEND TIME to file a redacted version of the June 15, 2021 Joint Letter regarding Scheduling Proposals (D.I. 374) to June 25, 2021 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L., and D.I. #373 STIPULATION TO EXTEND TIME to file a redacted version of the Letter to the Honorable Christopher J. Burke (D.I. 368) to June 17, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc., and D.I. #375 STIPULATION TO EXTEND TIME for the Parties to Propose Redactions to the June 11, 2021 Sealed Memorandum Order (D.I. 372) to June 21, 2021 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 6/23/2021. (dlb)
June 22, 2021 Filing 379 STIPULATION TO EXTEND TIME to file a redacted version of the June 15, 2021 Joint Letter regarding Scheduling Proposals (D.I. 374) to June 25, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
June 21, 2021 Filing 378 [SEALED] EXHIBIT re #377 MOTION [UNOPPOSED MOTION TO SEAL AND REDACT] re #372 Memorandum and Order [EXHIBIT B] by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
June 21, 2021 Filing 377 MOTION [UNOPPOSED MOTION TO SEAL AND REDACT] re #372 Memorandum and Order - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Wilson, Samantha)
June 21, 2021 Filing 376 REDACTED VERSION of #368 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit 1-3, #2 Exhibit A-B)(Tigan, Jeremy)
June 17, 2021 Filing 375 STIPULATION TO EXTEND TIME for the Parties to Propose Redactions to the June 11, 2021 Sealed Memorandum Order (D.I. 372) to June 21, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
June 15, 2021 Filing 374 [SEALED] Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Scheduling Proposals - re Motion Hearing,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tigan, Jeremy)
June 15, 2021 Filing 373 STIPULATION TO EXTEND TIME to file a redacted version of the Letter to the Honorable Christopher J. Burke (D.I. 368) to June 17, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 11, 2021 Opinion or Order Filing 372 [SEALED] MEMORANDUM ORDER re #346 MOTION to Stay (Renewed) filed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Signed by Judge Christopher J. Burke on 6/11/2021.This order has been emailed to local counsel. (dlb)
June 11, 2021 Opinion or Order Filing 371 SO ORDERED D.I. #370 STIPULATION TO EXTEND TIME file a redacted version of the Letter to the Honorable Christopher J. Burke (D.I. 368) to June 15, 2021 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Ordered by Judge Christopher J. Burke on 6/11/2021. (dlb)
June 10, 2021 Filing 370 STIPULATION TO EXTEND TIME file a redacted version of the Letter to the Honorable Christopher J. Burke (D.I. 368) to June 15, 2021 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
June 8, 2021 Filing 369 NOTICE OF SERVICE of Defendants' Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (No. 6) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
June 8, 2021 Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 6/8/2021 The Court heard the parties' arguments regarding the Motion to Stay, (D.I. 346). After hearing the parties regarding the dispute, the Court took the matter under advisement. (Clerk: Sforza) APPEARANCES: J. Tigan, J. Swan, H. Levine, J. Hasford and D. Chung for Plaintiffs; A. Gaza, S. Wilson, D. Varughese, A. LaRock and G. Godfrey for Defendants. (Court Reporter Stacy Ingram, Hawkins Reporting) (dlb)
June 3, 2021 Filing 368 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding May 25, 2021 Oral Order - re 367 Oral Order,,. (Attachments: #1 Exhibit 1-3, #2 Exhibit A-B)(Tigan, Jeremy)
May 25, 2021 Opinion or Order Filing 367 ORAL ORDER: The Court, having reviewed Defendants' May 15, 2021 Notice of Subsequent Developments ("notice"), (D.I. 362), regarding Plaintiffs' renewed Motion to Stay, (D.I. 346), hereby ORDERS that by no later than June 3, 2021, the parties shall file a joint letter, of no more than three (3) single-spaced pages, providing their views as to how the notice does or does not affect their respective arguments for or against staying the case. Ordered by Judge Christopher J. Burke on 5/25/2021. (dlb) Modified on 5/27/2021 (dlb).
May 25, 2021 Filing 366 NOTICE OF SERVICE of 1) Defendants' Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 3, 6, 8-11) and 2) Defendants Chemo Research S.L. and Insud Pharma S.L.U.'s Supplemental Rule 26(a) Initial Disclosures filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
May 24, 2021 Filing 365 REDACTED VERSION of #362 Notice (Other) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
May 24, 2021 Opinion or Order Filing 364 SO ORDERED, re #363 STIPULATION TO EXTEND TIME of deadline for the close of fact discovery to June 8, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 5/24/2021. (fms)
May 21, 2021 Filing 363 STIPULATION TO EXTEND TIME of deadline for the close of fact discovery to June 8, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
May 15, 2021 Filing 362 [SEALED] NOTICE of Subsequent Developments by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. re #346 MOTION to Stay (Renewed) (Gaza, Anne)
May 14, 2021 Filing 361 REDACTED VERSION of #354 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-3)(Tigan, Jeremy)
May 13, 2021 Opinion or Order Filing 360 ORAL ORDER Setting Hearing on Motion: The Court hereby ORDERS that a teleconference to hear argument regarding Plaintiffs' Renewed Motion to Stay (the "Motion"), (D.I. 346), is set for June 8, 2021 at 1:00 p.m. before Judge Christopher J. Burke. The Court has allocated thirty minutes for each side to present its argument on the Motion. By no later than June 1, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call. Ordered by Judge Christopher J. Burke on 5/13/2021. (dlb)
May 12, 2021 Filing 359 REQUEST for Oral Argument by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. re #346 MOTION to Stay (Renewed). (Gaza, Anne)
May 7, 2021 Filing 358 NOTICE OF SERVICE of Defendants' Third Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (No. 6) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
May 7, 2021 Filing 357 NOTICE requesting Clerk to remove Bonnie Fletcher Price as co-counsel. Reason for request: No Longer with Firm. (Tigan, Jeremy)
May 5, 2021 Filing 356 REDACTED VERSION of #353 Declaration by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
May 5, 2021 Filing 355 REDACTED VERSION of #352 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
May 5, 2021 Filing 354 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding BDSI's Reply Letter Brief - re 345 Oral Order,, #346 MOTION to Stay (Renewed). (Attachments: #1 Exhibits 1-3)(Tigan, Jeremy)
April 28, 2021 Filing 353 [SEALED] DECLARATION re #352 Letter, [DECLARATION OF DAVID HERNANDEZ] by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
April 28, 2021 Filing 352 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Chemo's Opposition to BDSI's Renewed Motion to Stay - re 345 Oral Order,, #346 MOTION to Stay (Renewed). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaza, Anne)
April 20, 2021 Filing 351 REDACTED VERSION of #347 Opening Brief in Support, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-13)(Tigan, Jeremy)
April 16, 2021 Filing 349 REDACTED VERSION of #341 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tigan, Jeremy)
April 15, 2021 Filing 348 REDACTED VERSION of #342 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
April 14, 2021 Filing 347 [SEALED] OPENING BRIEF in Support re #346 MOTION to Stay (Renewed) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..Answering Brief/Response due date per Local Rules is 4/28/2021. (Attachments: #1 Exhibits 1-13)(Tigan, Jeremy)
April 14, 2021 Filing 346 MOTION to Stay (Renewed) - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
April 14, 2021 Opinion or Order Filing 345 ORAL ORDER: The Court, having reviewed Plaintiffs' April 6, 2021 letter, (D.I. 341), hereby ORDERS as follows: (1) Plaintiffs may file their motion to stay and opening brief, (id., exs. A-B), by no later than April 15, 2021; (2) Defendants shall file an answering letter brief of no more than seven single-spaced pages, and Plaintiffs shall file a reply letter brief of no more than three single-spaced pages; (2) the dates for submission of the answering and reply briefs will be as provided by the Local Rules (absent the parties' agreement otherwise). Ordered by Judge Christopher J. Burke on 4/14/2021. (dlb)
April 14, 2021 Opinion or Order SO ORDERED, re #344 STIPULATION TO EXTEND TIME for Plaintiffs BioDelivery Sciences International, Inc. and Arius Two Inc. to file a redacted versionto April 16, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Colm F. Connolly on 4/14/2021. (fms)
April 13, 2021 Filing 344 STIPULATION TO EXTEND TIME for Plaintiffs BioDelivery Sciences International, Inc. and Arius Two Inc. to file a redacted version of their April 13, 2021 letter to April 16, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
April 7, 2021 Filing 343 REDACTED VERSION of #340 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
April 7, 2021 Filing 342 [SEALED] Letter to The Honorable Colm F. Connolly and The Honorable Christopher J. Burke from Anne Shea Gaza regarding Opposition to Request for Leave to File a Renewed Motion to Stay - re #341 Letter. (Attachments: #1 Exhibit 1)(Gaza, Anne)
April 6, 2021 Filing 341 [SEALED] Letter to The Honorable Colm F. Connolly and The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Leave to File Renewed Motion to Stay. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tigan, Jeremy)
March 31, 2021 Filing 340 [SEALED] Letter to The Honorable Colm F. Connolly and The Honorable Christopher J. Burke from Anne Shea Gaza regarding Status (see letter for details). (Gaza, Anne)
March 11, 2021 Filing 339 NOTICE of Withdrawal of Counsel (Jennifer A. Ward) by Arius Two, Inc., BioDelivery Sciences International, Inc. (Ward, Jennifer)
February 26, 2021 Opinion or Order Filing 338 SO ORDERED, re #337 Stipulation filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Signed by Judge Colm F. Connolly on 2/26/2021. (fms)
February 26, 2021 Filing 337 STIPULATION and [Proposed Order] Regarding Chemo's Invalidity Defenses and Trial by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
February 26, 2021 Opinion or Order ORAL ORDER: The bench trial set to begin on Monday, 3/1/2021 is available to the public by telephone, using Dial In #: 1 703-552-8058, Passcode: 487710*. Audio or video reproduction of the proceeding is strictly prohibited. Ordered by Judge Colm F. Connolly on 2/26/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
February 26, 2021 Opinion or Order SO ORDERED, re (230 in 1:18-cv-01395-CFC-CJB, 328 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order filed by BioDelivery Sciences International, Inc., Arius Two, Inc., (229 in 1:18-cv-01395-CFC-CJB, 327 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/26/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
February 18, 2021 Filing 336 NOTICE to Take Deposition of Dr. Steven L. Shafer on February 22, 2021 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
February 18, 2021 Filing 335 NOTICE to Take Deposition of Dr. Bozena B. Michniak-Kohn on February 19, 2021 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
February 18, 2021 Minute Entry for proceedings held before Judge Colm F. Connolly - Final Pretrial Conference held on 2/18/2021. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
February 17, 2021 Minute Entry for proceedings held before Judge Christopher J. Burke Teleconference regarding the Motion to Strike Portions of Defendants' Expert Reports (the "Motion"), (D.I. 219 in Civil Action No. 18-1395-CFC-CJB; D.I. 321 in Civil Action No. 19-444-CFC-CJB), held on February 17, 2021. After hearing the parties regarding the Motion, the Court DENIED the Motion. The transcript shall serve as the substance of the Court's Order. (Clerk, Sforza) APPEARANCES: J. Tigan, H. Levine, J. Swan and D. Chung for Plaintiffs; D. Gattuso, S. Sklar, G. Bays and J. Sanner for Alvogen Defendants; A. Gaza, S. Wilson, D. Varughese and G. Godfrey for Chemo Defendants. (Court Reporter, Valerie Gunning) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(dlb)
February 11, 2021 Filing 334 REDACTED VERSION of (330 in 1:19-cv-00444-CFC-CJB, 231 in 1:18-cv-01395-CFC-CJB) Letter, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-5)(Ward, Jennifer)
February 8, 2021 Opinion or Order Filing 333 SO ORDERED, re (331 in 1:19-cv-00444-CFC-CJB, 232 in 1:18-cv-01395-CFC-CJB) Joint STIPULATION TO EXTEND TIME to submit any redaction to the January 29, 2021 pretrial order, other trial-related under seal submissions, and pretrial and trial transcripts to 30 days after post-trial briefing is complete filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 2/8/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
February 8, 2021 Filing 332 REDACTED VERSION of (326 in 1:19-cv-00444-CFC-CJB) Letter, to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esq. regarding Opposition to Plaintiffs' Motion to Strike by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: #1 Exhibit A-J Shall Remain Under Seal, #2 Exhibit Certificate of Service)(Gattuso, Dominick)
February 8, 2021 Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 2/8/2021. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
February 8, 2021 Opinion or Order ORAL ORDER: A telephone conference will be held today at either 2:00 p.m. or 4:00 p.m. Counsel shall confer and let the Court know as soon as possible which of these times works best for the parties. Counsel for the Plaintiffs shall coordinate this call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 2/8/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
February 5, 2021 Filing 331 Joint STIPULATION TO EXTEND TIME to submit any redaction to the January 29, 2021 pretrial order, other trial-related under seal submissions, and pretrial and trial transcripts to 30 days after post-trial briefing is complete - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 3, 2021 Filing 330 [SEALED] Letter to The Honorable Christopher J. Burke from Sarah E. Simonetti regarding Reply in Support of Plaintiffs' Motion to Strike - re (219 in 1:18-cv-01395-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials, (321 in 1:19-cv-00444-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials. (Attachments: #1 Exhibits 1-5)(Simonetti, Sarah)
February 1, 2021 Filing 329 NOTICE OF SERVICE of Defendants' Joint Notice Pursuant to 35 U.S.C. 282 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 29, 2021 Filing 328 [SEALED] Proposed Pretrial Order --Volume 2 of 2 (Exhibits 4-16) by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit 4-16)(Tigan, Jeremy)
January 29, 2021 Filing 327 [SEALED] Proposed Pretrial Order -- Volume 1 of 2 (Exhibits 1-3) by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit 1-3)(Tigan, Jeremy)
January 29, 2021 Filing 326 [SEALED] Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esq. regarding Opposition to Plaintiffs' Motion to Strike - re (321 in 1:19-cv-00444-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials. (Attachments: #1 Exhibit Ex. A-J Under Seal, #2 Exhibit Certificate of Service)(Gattuso, Dominick)
January 29, 2021 Opinion or Order SO ORDERED, re (226 in 1:18-cv-01395-CFC-CJB, 325 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME to submit a Proposed Pretrial Order to January 29, 2021 at 5:00 p.m. filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Colm F. Connolly on 1/29/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
January 28, 2021 Filing 325 STIPULATION TO EXTEND TIME to submit a Proposed Pretrial Order to January 29, 2021 at 5:00 p.m. - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
January 28, 2021 Filing 324 REDACTED VERSION of (322 in 1:19-cv-00444-CFC-CJB, 220 in 1:18-cv-01395-CFC-CJB) Letter,, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-10)(Tigan, Jeremy)
January 27, 2021 Filing 323 STIPULATION and [Proposed] Order to Take Expert Depositions Out of Time by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
January 27, 2021 Opinion or Order SO ORDERED, re (323 in 1:19-cv-00444-CFC-CJB) Stipulation filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Ordered by Judge Colm F. Connolly on 1/27/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
January 21, 2021 Filing 322 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Plaintiffs' Motion to Strike Defendants' Untimely Expert Opinions, References, and Materials - re (219 in 1:18-cv-01395-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials, (321 in 1:19-cv-00444-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials. (Attachments: #1 Exhibit 1-10)(Tigan, Jeremy)
January 21, 2021 Filing 321 MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Text of Proposed Order)(Tigan, Jeremy)
January 19, 2021 Filing 320 NOTICE OF SERVICE of 1) January 15, 2021 Reply Expert Report of Steven L. Shafer, MD and 2) January 15, 2021 Reply Expert Report of Bozena B. Michniak-Kohn, Ph.D. filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 19, 2021 Filing 319 NOTICE OF SERVICE of January 14, 2021 Reply Expert Report of Hugh David Charles Smyth, Ph.D. Regarding Invalidity Pursuant to 35 U.S.C. 112 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 17, 2021 Filing 318 NOTICE to Take Deposition of Dr. David Taft on (see Notice) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 17, 2021 Filing 317 NOTICE to Take Deposition of Dr. Richard Rauck on (see Notice) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 17, 2021 Filing 316 NOTICE to Take Deposition of Dr. Stephen Davies on (see Notice) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 17, 2021 Filing 315 NOTICE to Take Deposition of Dr. Robert O. Williams, III on a mutually agreed upon date and time filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick)
January 15, 2021 Opinion or Order Filing 314 SO ORDERED, re (312 in 1:19-cv-00444-CFC-CJB, 209 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME Defendants to Serve Reply Expert Reports to January 15, 2021 filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 1/15/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
January 15, 2021 Opinion or Order Filing 313 SO ORDERED, re (311 in 1:19-cv-00444-CFC-CJB, 208 in 1:18-cv-01395-CFC-CJB) Stipulation filed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Signed by Judge Colm F. Connolly on 1/15/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
January 14, 2021 Filing 312 STIPULATION TO EXTEND TIME Defendants to Serve Reply Expert Reports to January 15, 2021 - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick)
January 14, 2021 Filing 311 STIPULATION to Amend Protective Order re (48 in 1:19-cv-00444-CFC-CJB) Protective Order, (32 in 1:18-cv-01395-CFC-CJB) Protective Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
January 8, 2021 Filing 310 NOTICE of Change of Firm Affiliation by Arius Two, Inc., BioDelivery Sciences International, Inc. (Tigan, Jeremy)
January 8, 2021 Opinion or Order Filing 309 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 7, 2021 letter requesting a teleconference regarding Defendants Motion to Strike Plaintiffs' Expert Reports in Civil Action No. 18-1395-CFC-CJB. (Civil Action No. 18-1395-CFC-CJB, D.I. 202) It hereby ORDERS as follows: (1) A teleconference to address this motion is set for February 1, 2021 at 3:00 p.m. before Judge Christopher J. Burke.; and (2) By no later than January 28, 2021, 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. The Chemo Defendants in Civil Action No. 19-444-CFC-CJB may participate in the call for the purposes described in their recent letter. (Civil Action No. 18-1395-CFC-CJB, D.I. 203). Signed by Judge Christopher J. Burke on 1/8/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(dlb)
January 7, 2021 Filing 308 Letter to The Honorable Christopher J. Burke from Anne Shea Gaza on behalf of the Chemo Defendants regarding Alvogen's Motion to Strike - re (192 in 1:18-cv-01395-CFC-CJB) MOTION to Strike BDSI's Untimely Expert Disclosures. (Gaza, Anne)
December 21, 2020 Filing 307 REDACTED VERSION of #304 STIPULATION TO EXTEND TIME [STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULE FOR TRIAL ON INFRINGEMENT] to (Various Dates) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
December 18, 2020 Filing 306 NOTICE OF SERVICE of (1) December 17, 2020 Rebuttal Expert Report of Richard L. Rauck, M.D., (2) December 17, 2020 Report of Dr. David R. Taft, (3) December 17, 2020 Rebuttal Report of Dr. Stephen G. Davies, DS. Phil. On Validity, and (4) Rebuttal Expert Report of Dr. Robert O. Williams, III filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 15, 2020 Opinion or Order Filing 305 [SEALED] ORDER granting #304 STIPULATION TO EXTEND TIME [STIPULATION AND ORDER TO AMEND SCHEDULE FOR TRIAL ON INFRINGEMENT] to (Various Dates) filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 12/15/2020.This order has been emailed to local counsel. (nmf)
December 11, 2020 Filing 304 [SEALED] STIPULATION TO EXTEND TIME [STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULE FOR TRIAL ON INFRINGEMENT] to (Various Dates) - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
December 10, 2020 Opinion or Order SO ORDERED, re (303 in 1:19-cv-00444-CFC-CJB, 190 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME for (1) Plaintiffs to serve a new expert rebuttal report on validity; and (2) Defendants to serve new reply expert reports on invalidity to December 17, 2020 and January 14, 2021, respectively filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 12/10/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
December 9, 2020 Filing 303 STIPULATION TO EXTEND TIME for (1) Plaintiffs to serve a new expert rebuttal report on validity; and (2) Defendants to serve new reply expert reports on invalidity to December 17, 2020 and January 14, 2021, respectively - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
December 7, 2020 Filing 302 Letter to The Honorable Colm F. Connolly from Anne Shea Gaza on behalf of Defendants regarding schedule on infringement issues. (Gaza, Anne)
November 23, 2020 Opinion or Order Filing 301 SO ORDERED, re (300 in 1:19-cv-00444-CFC-CJB, 188 in 1:18-cv-01395-CFC-CJB) Stipulation filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc.. Signed by Judge Colm F. Connolly on 11/23/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
November 20, 2020 Filing 300 STIPULATION Amending Expert Discovery Deadlines and [Proposed] Order by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick)
October 29, 2020 Filing 299 REDACTED VERSION of #298 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
October 22, 2020 Filing 298 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding the Court's October 5, 2020 Oral Order - re 289 Oral Order,,,. (Tigan, Jeremy)
October 22, 2020 Filing 297 REDACTED VERSION of #288 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
October 22, 2020 Opinion or Order SO ORDERED D.I. #296 Joint STIPULATION TO EXTEND TIME to either: (1) file a joint letter indicating that the parties have resolved fact discovery disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a le filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Ordered by Judge Christopher J. Burke on 10/22/2020. (dlb)
October 21, 2020 Filing 296 Joint STIPULATION TO EXTEND TIME to either: (1) file a joint letter indicating that the parties have resolved fact discovery disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in accordance with the Court's discovery dispute procedures to October 22, 2020 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
October 20, 2020 Opinion or Order SO ORDERED D.I. #295 STIPULATION TO EXTEND TIME to either: (1) file a joint letter indicating that the parties have resolved all such disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in acc filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 10/20/2020. (dlb)
October 19, 2020 Filing 295 STIPULATION TO EXTEND TIME to either: (1) file a joint letter indicating that the parties have resolved all such disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in accordance with the Court's discovery dispute procedures to October 21, 2020 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
October 19, 2020 Opinion or Order SO ORDERED D.I. #294 STIPULATION TO EXTEND TIME to either (1) file a joint letter indicating that the parties have resolved all such disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in acco filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 10/19/2020. (dlb)
October 16, 2020 Filing 294 STIPULATION TO EXTEND TIME to either (1) file a joint letter indicating that the parties have resolved all such disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in accordance with the Court's discovery dispute procedures to October 19, 2020 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
October 14, 2020 Opinion or Order SO ORDERED D.I. #293 STIPULATION TO EXTEND TIME to (1) file a joint letter indicating that the parties have resolved all such disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in accordance filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 10/14/2020. (mlc)
October 13, 2020 Filing 293 STIPULATION TO EXTEND TIME to (1) file a joint letter indicating that the parties have resolved all such disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in accordance with the Court's discovery dispute procedures to October 16, 2020 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
October 13, 2020 Filing 292 REDACTED VERSION of #282 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
October 9, 2020 Filing 291 NOTICE to Take Deposition of Dr. Steven L. Shafer on October 12, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
October 6, 2020 Filing 290 NOTICE to Take Deposition of Stephen G. Davies on October 7, 2020 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick)
October 6, 2020 Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 10/6/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
October 6, 2020 Opinion or Order ORAL ORDER re (288 in 1:19-cv-00444-CFC-CJB, 184 in 1:18-cv-01395-CFC-CJB) Letter, ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 10/6/2020 at 01:00 PM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 10/6/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
October 6, 2020 Opinion or Order ORAL ORDER Re-Setting Scheduling Order Deadlines: The Final Pretrial Conference is rescheduled for 2/18/2021 at 03:30 PM in Courtroom 4B before Judge Colm F. Connolly., The Bench Trial is rescheduled for 3/1/2021 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 10/6/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
October 5, 2020 Opinion or Order Filing 289 ORAL ORDER: The Court, having reviewed the parties' recent joint status letter regarding the infringement case/trial, (D.I. 282), and having spoken with the parties during a teleconference on October 5, 2020, hereby ORDERS as follows: By no later than October 13, 2020, the parties shall further meet and confer regarding (1) whether they can agree on an alteration to the fact discovery deadline, (id. at 2); (2) whether they can agree on the scope of any additional fact discovery sought by Plaintiffs, (id. at 1-3). On October 13, 2020, the parties shall either: (1) file a joint letter indicating that they have resolved all such disputes (along with a summary of how those disputes were resolved); or (2) to the extent any issues remain disputed, file a letter in accordance with the Court's discovery dispute procedures, (D.I. 58). Thereafter, the Court will set a briefing schedule if needed. Ordered by Judge Christopher J. Burke on 10/5/2020. (dlb)
October 5, 2020 Filing 288 [SEALED] Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Upcoming Trial. (Tigan, Jeremy)
October 5, 2020 Minute Entry for proceedings held before Judge Christopher J. Burke - Status Teleconference held on 10/5/2020. APPEARANCES: J. Tigan, H. Levine, J. Swan for Plaintiffs; S. Wilson, A. LaRock, G. Godfrey for Defendants. (Court Reporter Valerie Gunning) (dlb)
October 1, 2020 Filing 287 NOTICE to Take Deposition of Dr. Hugh Smyth on October 2, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
September 29, 2020 Filing 286 NOTICE to Take Deposition of Dr. Bozena B. Michniak-Kohn on September 30, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
September 29, 2020 Filing 285 NOTICE OF SERVICE of Surreply Report of Dr. Stephen G. Davies, D. Phil. On Validity filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
September 28, 2020 Filing 284 NOTICE to Take Deposition of Mathieu Fournier on September 29, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
September 25, 2020 Opinion or Order Filing 283 ORAL ORDER Resetting Teleconference: The Status Teleconference set for 9/28/2020 has been rescheduled at the request counsel due to the holiday. A Status Telephone Conference is reset for 10/5/2020 at 04:00 PM before Judge Christopher J. Burke. By no later than October 2, 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 9/25/2020. (dlb)
September 23, 2020 Filing 282 [SEALED] Joint Letter to The Honorable Christopher J. Burke regarding Response to the Court's September 4, 2020 Oral Order - re 274 Order Setting Teleconference,,,,,,. (Tigan, Jeremy)
September 23, 2020 Filing 281 NOTICE to Take Deposition of Dr. Perry G. Fine on September 24, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
September 18, 2020 Filing 280 NOTICE requesting Clerk to remove Charles Wysocki as co-counsel.. (Wilson, Samantha)
September 16, 2020 Filing 279 NOTICE to Take Deposition of Dr. David Taft on September 18, 2020 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick)
September 15, 2020 Filing 278 NOTICE of Change of Address by Jeremy A. Tigan (Tigan, Jeremy)
September 15, 2020 Opinion or Order ORAL ORDER approving (275 in 1:19-cv-00444-CFC-CJB, 174 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME to File Joint Proposed Pretrial Order to October 21, 2020, Set/Reset Scheduling Order Deadlines: (The Telephonic Final Pretrial Conference is set for 11/5/2020 at 10:00 AM before Judge Colm F. Connolly. Counsel shall coordinate the call and email the dial-in information to chambers., Proposed Pretrial Order due by 10/21/2020.) Ordered by Judge Colm F. Connolly on 9/15/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
September 15, 2020 Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 9/15/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
September 14, 2020 Filing 277 NOTICE to Take Deposition of Dr. Ronald Thisted on September 15, 2020 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick)
September 11, 2020 Opinion or Order ORAL ORDER Setting Teleconference: re (275 in 1:19-cv-00444-CFC-CJB, 174 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME to File Joint Proposed Pretrial Order to October 21, 2020, ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers.( A Telephone Conference is set for 9/15/2020 at 03:00 PM before Judge Colm F. Connolly). Ordered by Judge Colm F. Connolly on 9/11/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
September 10, 2020 Filing 276 NOTICE to Take Deposition of Richard Rauck on September 11, 2020 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Gaza, Anne)
September 10, 2020 Filing 275 STIPULATION TO EXTEND TIME to File Joint Proposed Pretrial Order to October 21, 2020 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
September 4, 2020 Opinion or Order Filing 274 ORAL ORDER: The Court, having considered the parties' joint status letter, (D.I. 272), HEREBY ORDERS as follows: From the parties' letter, the Court understands that Defendants have produced or will soon produce to Plaintiffs Defendants' recently-developed product samples and wet blends for the various accused products. It also understands that Plaintiffs are concerned that while this may be true, Defendants have produced few documents reflecting their recent correspondence with the FDA and/or concerning the recent manufacturing work underlying these samples. With Plaintiffs pointing to documents, and with Defendants pointing to samples, it seems like the parties are speaking past one another a bit. Therefore, the Court will schedule a telephonic status conference for September 28, 2020, at 3:00 p.m. In the interest of a productive status conference, by September 23, 2020, after meeting and conferring, the parties shall submit a joint letter of no more than three single-spaced pages that sets out their views on the following: (1) What are the types of relevant documents regarding Defendants' ANDA products that Defendants will likely need to produce before trial, but that Defendants have not yet produced?; and (2) What are the parties' respective views on when document production should be complete so that the parties will be able to be ready for trial in May 2020? Also, by no later than September 23, 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 9/4/2020. (dlb)
September 1, 2020 Filing 273 [SEALED] EXHIBIT re #272 Letter (Exhibit 1) by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
September 1, 2020 Filing 272 [SEALED] Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Further Status Report - re 262 Oral Order,,,. (Tigan, Jeremy)
September 1, 2020 Filing 271 NOTICE OF SERVICE of Reply Expert Report of Dr. Hugh Smyth filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
September 1, 2020 Filing 270 NOTICE OF SERVICE of Reply Expert Report of Perry G. Fine, M.D. Regarding Invalidity filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
August 31, 2020 Filing 269 NOTICE OF SERVICE of of (i) Defendants Reply Expert report of Steven L. Shaffer, M.D. (with exhibit A) [HIGHLY CONFIDENTIAL]; and (ii) Defendants Reply Expert report of Bozena B. Michniak-Kohn, Ph.D. [HIGHLY CONFIDENTIAL] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick)
August 20, 2020 Filing 268 STIPULATION TO EXTEND TIME Reply Expert Reports and Depositions of Expert Witnesses to August 28, 2020 and October 1, 2020 respectively - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick)
August 20, 2020 Opinion or Order SO ORDERED, re (171 in 1:18-cv-01395-CFC-CJB, 268 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME Reply Expert Reports and Depositions of Expert Witnesses to August 28, 2020 and October 1, 2020 respectively filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 8/20/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
August 3, 2020 Opinion or Order SO ORDERED, re (267 in 1:19-cv-00444-CFC-CJB, 169 in 1:18-cv-01395-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Jeremy C. Lowe filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 8/3/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
July 31, 2020 Filing 267 MOTION for Pro Hac Vice Appearance of Attorney Jeremy C. Lowe - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick)
July 27, 2020 Filing 266 NOTICE OF SERVICE of (1) Rebuttal Report of Ronald A. Thisted, Ph.D., (2) Rebuttal Report of Dr. Stephen G. Davies, D.Phil. on Validity, (3) Rebuttal Expert Report of Dr. Richard L. Rauck, M.D., (4) Rebuttal Expert Report of Dr. Lisbeth Illum on Validity, and (5) Rebuttal Report of Dr. David R. Taft filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
July 15, 2020 CORRECTING ENTRY: The pdf of the stipulation at D.I. 165 in Civil Action No. 18-1395 and at D.I. 264 in Civil Action No. 19-444 has been replaced per request of filer with a corrected version that includes a signature line for the Judge. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
July 15, 2020 Opinion or Order SO ORDERED, re (264 in 1:19-cv-00444-CFC-CJB, 165 in 1:18-cv-01395-CFC-CJB) Stipulation, filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc.. Ordered by Judge Colm F. Connolly on 7/15/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
July 14, 2020 Filing 265 STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates (See Stipulation) - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
July 14, 2020 Filing 264 Joint STIPULATION regarding NDA-IND Documents by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) (Main Document 264 replaced on 7/15/2020) (nmf, ).
July 14, 2020 Opinion or Order SO ORDERED, re (166 in 1:18-cv-01395-CFC-CJB, 265 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates (See Stipulation) filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 7/14/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
July 9, 2020 Filing 263 REDACTED VERSION of #261 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-5)(Tigan, Jeremy)
July 6, 2020 Opinion or Order Filing 262 ORAL ORDER: The Court, having reviewed the parties' July 1, 2020, joint status letter, (D.I. 261), hereby ORDERS that by September 1, 2020, the parties will provide the Court with a further status report on these issues, via the submission of a joint letter of no more than five single-spaced pages. To the extent that any party later wishes to move for a stay, before doing so they should advise the Court of their intent to do so via letter, and the Court will thereafter set a briefing schedule. To the extent that the parties have further unresolvable discovery disputes regarding the subjects discussed in their July 1 letter, they may utilize the Courts discovery dispute procedures to resolve them. Ordered by Judge Christopher J. Burke on 7/6/2020. (dlb)
July 1, 2020 Filing 261 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Joint Status Report. (Attachments: #1 Exhibits 1-5)(Tigan, Jeremy)
June 22, 2020 Opinion or Order Filing 260 SO ORDERED, re #259 STIPULATION TO EXTEND TIME for Deadlines for the Trial Pertaining to Infringement Issues to Various Dates (See stipulation) filed by BioDelivery Sciences International, Inc., Arius Two, Inc., Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 12/7/2020., Expert Discovery due by 3/15/2021., A Final Pretrial Conference for the Infringement Trial is set for 4/22/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 6/22/2020. (nmf) Modified on 6/22/2020 (nmf, ).
June 18, 2020 Filing 259 STIPULATION TO EXTEND TIME for Deadlines for the Trial Pertaining to Infringement Issues to Various Dates (See stipulation) - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 15, 2020 Filing 258 NOTICE OF SERVICE of 1) Opening Expert Report of Bozena B. Michniak-Kohn, Ph.D.; 2) Opening Expert Report of Steven L. Shafer, M.D.; 3) Opening Expert Report of Perry G. Fine, M.D.; and 4) Opening Expert Report of Hugh David Charles Smyth, Ph.D. filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
June 4, 2020 Opinion or Order Filing 257 MEMORANDUM ORDER OVERRULING #203 Objections, filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 6/4/2020. (nmf)
June 4, 2020 Opinion or Order Filing 256 MEMORANDUM ORDER OVERRULING #206 Objections filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/4/2020. (nmf)
May 26, 2020 Filing 255 MOTION for Pro Hac Vice Appearance of Attorney Bonnie Fletcher Price and Daniele San Roman - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
May 26, 2020 Pro Hac Vice Attorneys Bonnie Fletcher Price and Daniele San Roman for Arius Two, Inc. and BioDelivery Sciences International, 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. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(kmd)
May 26, 2020 Opinion or Order SO ORDERED, re #254 MOTION for Pro Hac Vice Appearance of Attorney Tyler Liu filed by Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 5/26/2020. (fms)
May 26, 2020 Opinion or Order SO ORDERED, re (151 in 1:18-cv-01395-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Bonnie Fletcher Price and Daniele San Roman filed by BioDelivery Sciences International, Inc., Arius Two, Inc., (255 in 1:19-cv-00444-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Bonnie Fletcher Price and Daniele San Roman filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 5/6/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
May 22, 2020 Filing 254 MOTION for Pro Hac Vice Appearance of Attorney Tyler Liu - filed by Chemo Research, S.L., Insud Pharma S.L.. (Wilson, Samantha)
May 22, 2020 Filing 253 NOTICE requesting Clerk to remove David Tseng as co-counsel.. (Wilson, Samantha)
May 20, 2020 Filing 252 NOTICE requesting Clerk to remove Thomas J. Sullivan of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP as co-counsel.. (Tigan, Jeremy)
May 13, 2020 Opinion or Order Filing 251 ORAL ORDER: The Court, having reviewed the parties' May 4, 2020 joint status report regarding certain discovery, (D.I. 250), hereby ORDERS that on July 1, 2020, the parties will provide the Court with a further status report on these issues, via the submission of a joint letter of no more than five single-spaced pages. Otherwise, the case is not currently stayed and it moves forward toward trial. To the extent that any party later wishes to move for a stay, before doing so they should advise the Court of their intent to do so via letter, and the Court will thereafter set a briefing schedule. To the extent that the parties have further unresolvable discovery disputes regarding the subjects discussed in their May 4 letter, they may utilize the Court's discovery dispute procedures to resolve them. Ordered by Judge Christopher J. Burke on 5/13/2020. (dlb)
May 4, 2020 Filing 250 [SEALED] Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Joint Status Letter - re #193 Memorandum and Order,. (Attachments: #1 Exhibit 1-4)(Tigan, Jeremy)
May 2, 2020 Opinion or Order SO ORDERED, re (147 in 1:18-cv-01395-CFC-CJB, 249 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates filed by BioDelivery Sciences International, Inc., Arius Two, Inc., ORDER, Setting Deadlines: ( Expert Discovery due by 9/24/2020.). Signed by Judge Colm F. Connolly on 5/2/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
April 30, 2020 Filing 249 STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
April 24, 2020 Opinion or Order SO ORDERED, re (248 in 1:19-cv-00444-CFC-CJB, 145 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME RE: Expert Discovery Deadlines to [See Stipulation] filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 4/24/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
April 23, 2020 Filing 248 STIPULATION TO EXTEND TIME RE: Expert Discovery Deadlines to [See Stipulation] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
April 23, 2020 Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 4/23/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
April 23, 2020 Opinion or Order ORAL ORDER Resetting Scheduling Order Deadlines: The Final Pretrial Conference is rescheduled for 10/28/2020 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly. The Bench Trial regarding validity to be held with 18-1395-CFC is rescheduled for 11/9/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. The Bench Trial regarding infringement is rescheduled for 5/3/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 4/23/2020. (nmf)
April 21, 2020 Opinion or Order Filing 247 ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion, (D.I 223), and the parties' letter briefs, (D.I. 232; D.I. 236), and having heard oral argument on April 13, 2020 (D.I. 242 (hereinafter "Tr.")), HEREBY ORDERS as follows with regard to the remaining two topics in dispute: (1) With regard to Defendants' Topic C, concerning Plaintiffs' product Bunavail, Defendants now seek certain categories of documents beyond what Plaintiffs have already agreed to produce--that is, they seek documents concerning Bunavail that may not directly relate to or reference Belbuca or the development of Belbuca. (D.I. 232 at 2; Tr. at 35, 36) The issue is whether Defendants have sufficiently articulated the relevance of such documents. The Court understands that Defendants assert that Bunavail reads on the limitations of asserted claims in the 866 and 843 patents, (see D.I. 232 at 2-3; Tr. at 33, 40), and that these documents may shed light on what is and is not covered by the limitations of these asserted patents. In that regard, the Court can see how the requested documents are relevant to the claims and defenses at issue in the case. During oral argument, Plaintiffs even seemed to acknowledge that such documents may have some relevance to this litigation; their objection seemed more to go to burden. (Tr. at 37) But the Court does not have before it a record that would allow it to conclude that production of the requested documents amounts to an undue burden pursuant to Federal Rule of Civil Procedure 26(b)(2)(B). Accordingly, the Court GRANTS this request. (2) With regard to Defendants' Topic D concerning Plaintiffs' product Onsolis, the Court notes that Defendants now seek only documents that were produced in a prior litigation. (Tr. at 42) If it were clear enough to the Court that Onsolis was asserted to be prior art to one or more of the asserted patents, then the Court could see the relevance of records addressing whether this product anticipates or renders obvious the limitations of asserted patents. But at oral argument Defendants were not clear as to whether this was their assertion in the case (and Plaintiffs did not understand it to be). (Tr. at 44-45) There might well be other ways that documents regarding Onsolis are relevant to the claims and defenses at issue and are non-cumulative to documents already produced, but after two tries, Defendants have not been able to explain that to the Court in a way that it can understand. And so the Court DENIES this request. Ordered by Judge Christopher J. Burke on 4/21/2020. (dlb)
April 20, 2020 Filing 246 REDACTED VERSION of (239 in 1:19-cv-00444-CFC-CJB, 138 in 1:18-cv-01395-CFC-CJB) Letter Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esq. re Scheduling Order Including Trial Dates by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick)
April 17, 2020 Opinion or Order SO ORDERED, re (142 in 1:18-cv-01395-CFC-CJB, 245 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to [See Stipulation] filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 4/17/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
April 16, 2020 Filing 245 STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to [See Stipulation] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
April 15, 2020 Filing 244 REDACTED VERSION of #236 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
April 15, 2020 Filing 243 REDACTED VERSION of #232 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
April 15, 2020 Filing 242 [SEALED] Transcript of telephone conference held on April 13, 2020 before Judge Burke.. (vjg)
April 15, 2020 Opinion or Order Filing 241 ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion, (D.I 223), and the parties' letter briefs, (D.I. 232; D.I. 236), and having heard oral argument on April 13, 2020, HEREBY ORDERS as follows: (1) With regard to Defendants' Topic A concerning a Rule 30(b)(6) witness on Rule 30(b)(6) Topic Nos. 1-3, (D.I. 232 at 1; see also D.I. 236 at 1-2), to the extent that those topics are not otherwise duplicative of topics that Plaintiff will produce a Rule 30(b)(6) witness for, Plaintiffs' counsel has represented that: (a) there is no individual currently employed with Plaintiffs who can credibly be prepared to "testify about information known or reasonably available to the organization[,]" Fed. R. Civ. P. 30(b)(6); and (b) Plaintiffs do not intend to call any other witness at trial, other than Dr. Vasisht and Dr. Finn, to testify about the "invention story" regarding the asserted patents (a subject related to these topics). In light of these representations, and in light of Defendant' counsel's related comments during oral argument, the Court concludes that no purpose would be served by granting the request, and so it is DENIED.; (2) With regard to Defendants' Topic B concerning certain discovery requests relating to the '019 patent, (D.I. 232 at 1-2; D.I. 236 at 3), which Defendants have narrowed to focus solely on documents requested by their Request for Production ("RFP") No. 9, the Court GRANTS-IN-PART the request. The Court agrees with Defendants that the '019 patent is relevant to the instant litigation, in that it is alleged to be prior art to the asserted patents. The Court further agrees with Defendants (and disagrees with Plaintiffs view to the contrary) that to the extent that Defendants are seeking transcripts and exhibits from depositions of Plaintiffs' current or former employees, taken in a related litigation, such documents are relevant to the extent they include information about the purported scope of the '019 patent or the extent to which that patent reads on the Belbuca product. Thus the Court GRANTS the motion as to any such deposition transcripts or exhibits. To the extent that Defendants expanded this request during oral argument to seek other materials (such as expert reports) beyond the scope of RFP No. 9, the request is DENIED.; (3) With regard to Defendants' Topic H, (D.I. 232 at 5-6; see also D.I. 236 at 5), Defendants have narrowed the request to focus only on responses to Interrogatories No. 26-27, which seek information regarding just about any third party who had anything to do with the development of Belbuca. During oral argument, Defendants did not articulate how information about all such third parties, or even a subset thereof, would be relevant evidence in this case. The Court therefore DENIES this request.; (4) The Court resolved the dispute about Defendants Topic F during oral argument, and Defendants withdrew Topics E, G and I in their entirety. Thus only Defendants' Topics C and D remain, and the Court will address those in a separate Order. Ordered by Judge Christopher J. Burke on 4/14/2020. (dlb)
April 15, 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 4/23/2020 at 10:15 AM before Judge Colm F. Connolly to discuss scheduling. Ordered by Judge Colm F. Connolly on 4/15/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
April 13, 2020 Filing 240 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Discovery Requests at Issue - re #223 MOTION [MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTE] re #222 Letter . (Gaza, Anne)
April 13, 2020 Filing 239 [SEALED] Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Requesting a Joint Status Conference to Discuss the Parties Scheduling Orders. (Gattuso, Dominick)
April 13, 2020 Filing 238 Redaction of D.I #187 Transcript of telephone conference held on February 18, 2020 before Judge Burke per the Courts Order (D.I. 235). (dlb)
April 13, 2020 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 4/13/2020. The Court heard the parties' arguments regarding Defendants' discovery disputes, (D.I. 223). The Court ruled on the record for some issues and took others under advisement. (Clerk, Schwerin) APPEARANCES: J. Tigan and H. Levine Plaintiffs; A. Gaza and S. Wilson for Defendants; D. Varughese and J. Kim for defendants Insud Pharma S.L. and Chemo Research, S.L.; Geoffrey Godfrey for defendant IntelGenX Technologies Corp. Court reporter Valerie Gunning. (dlb)
April 9, 2020 Filing 237 STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to (See Stipulation) - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
April 9, 2020 Opinion or Order SO ORDERED, re (136 in 1:18-cv-01395-CFC-CJB, 237 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to (See Stipulation) filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 4/9/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
April 7, 2020 Filing 236 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Chemo's Discovery Dispute Letter - re #232 Letter. (Attachments: #1 Exhibits 1-14)(Tigan, Jeremy)
April 6, 2020 Opinion or Order Filing 235 ORAL ORDER granting in part #216 Motion to Redact #187 Transcript,,. Signed by Judge Christopher J. Burke on 4/6/2020. (dlb)
April 1, 2020 Opinion or Order Filing 234 ORAL ORDER: The Court, having reviewed the parties' March 31, 2020 joint letter, hereby ORDERS that the discovery/privilege disputes discussed therein is now MOOT, and that any previously-raised discovery disputes regarding this issue have thus been resolved. In their letter and the attached exhibit, the parties state that the disputes either are moot[,] (D.I. 233, ex. 1 at 1), "will likely be moot" upon the expected production of certain additional documents, (D.I. 233 at 2), or that past events have "sufficiently moot[ed]" those issues, (id.). Thus, there is no live dispute to resolve at this time. If, in the future, an event occurs that causes a party to believe that the dispute has become live, they may utilize the Courts discovery dispute procedures to advise the Court of this. Ordered by Judge Christopher J. Burke on 4/1/2020. (dlb)
March 31, 2020 Filing 233 [SEALED] Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Joint Status Letter - re 175 Oral Order,,,,. (Attachments: #1 Exhibit 1)(Tigan, Jeremy)
March 31, 2020 Filing 232 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Regarding Plaintiffs' Discovery Deficiencies - re 224 Order Setting Teleconference,,,,. (Attachments: #1 Exhibit 1-21)(Gaza, Anne)
March 30, 2020 Filing 231 REDACTED VERSION of #221 Response to Objections, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 30, 2020 Filing 230 NOTICE OF SERVICE of Defendants' Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 2 and 8) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
March 27, 2020 Filing 229 NOTICE of Withdrawal of Counsel (Jeffrey J. Lyons) by Arius Two, Inc., BioDelivery Sciences International, Inc. (Lyons, Jeffrey)
March 27, 2020 Filing 228 NOTICE OF SERVICE of Plaintiffs' Supplemental Responses and Objections to Defendants' Third Set of Interrogatories to Plaintiffs Pursuant to Rule 33 (Nos 12, 13, 16, 20, 21, and 22) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
March 26, 2020 Filing 227 REDACTED VERSION of #222 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 26, 2020 Filing 226 REDACTED VERSION of #218 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 26, 2020 Filing 225 REDACTED VERSION of #217 Exhibit to a Document by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 24, 2020 Opinion or Order Filing 224 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' March 23, 2020, letter requesting a discovery teleconference regarding Defendants' discovery disputes. (D.I. 222) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 39), will be modified as follows with regard to these disputes: (1) A discovery dispute teleconference is set for April 13, 2020 at 1:00 PM before Judge Christopher J. Burke.; (2) By no later than March 31, 2020, Defendants shall file with the Court a letter, not to exceed six single-spaced (6) pages, in no less than 12-point font, outlining the issues as to the disputes they are raising.; (3) By no later than April 7, 2020, Plaintiffs may file an answering letter brief, not to exceed six single-spaced (6) pages, in no less than 12-point font, outlining their reasons for their opposition to Defendants' opening letter brief.; and (4) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 3/24/2020. (dlb)
March 24, 2020 Filing 223 MOTION [MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTE] re #222 Letter - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. Motions referred to Christopher J. Burke.(Wilson, Samantha)
March 23, 2020 Filing 222 [SEALED] Joint Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Request for Discovery Teleconference. (Gaza, Anne)
March 20, 2020 Filing 221 [SEALED] RESPONSE TO OBJECTIONS by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. re #206 Objections, #193 Memorandum and Order, . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaza, Anne)
March 20, 2020 Opinion or Order Filing 220 ORAL ORDER: The Court, having reviewed the parties' recent letters regarding discovery disputes, (D.I. #219 , #218 ), and noting that neither comply with the Court's procedures regarding the resolution of discovery disputes, (see D.I. 58), hereby ORDERS that both letters be STRICKEN. The parties shall follow the Court's procedures as to these disputes, including the filing of a joint letter that contains a non-argumentative recitation of the issues in dispute, akin to what is set out in the attachment to Plaintiffs' recent letter, (D.I. 219, ex. A). Once the Court receives a letter that complies with its procedures for resolution of a discovery dispute, and the accompanying motion from the movant, (D.I. 58), it will schedule a discovery dispute teleconference.Ordered by Judge Christopher J. Burke on 3/20/2020. (mlc)
March 20, 2020 Opinion or Order SO ORDERED D.I. #214 STIPULATION TO EXTEND TIME to Submit a Motion to Seal and Redact Portions of the Court's February 18, 2020 Transcript to March 19, 2020 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 3/20/2020. (mlc)
March 19, 2020 Filing 219 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Letter Requesting Discovery Dispute Teleconference - re #218 Letter. (Attachments: #1 Exhibit A)(Tigan, Jeremy)
March 19, 2020 Filing 218 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Request for Discovery Teleconference. (Gaza, Anne)
March 19, 2020 Filing 217 [SEALED] EXHIBIT re #216 Joint MOTION to Redact #187 Transcript,, [EXHIBIT B] by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 19, 2020 Filing 216 Joint MOTION to Redact #187 Transcript,, - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit A)Motions referred to Christopher J. Burke.(Wilson, Samantha)
March 19, 2020 Filing 215 RESPONSE TO OBJECTIONS by Arius Two, Inc., BioDelivery Sciences International, Inc. re #203 Objections, . (Tigan, Jeremy)
March 18, 2020 Filing 214 STIPULATION TO EXTEND TIME to Submit a Motion to Seal and Redact Portions of the Court's February 18, 2020 Transcript to March 19, 2020 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 18, 2020 Opinion or Order SO ORDERED D.I. #213 STIPULATION TO EXTEND TIME to Submit a Motion to Seal and Redact Portions of the Court's February 18, 2020 Transcript to March 18, 2020 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 3/18/2020. (dlb)
March 17, 2020 Filing 213 STIPULATION TO EXTEND TIME to Submit a Motion to Seal and Redact Portions of the Court's February 18, 2020 Transcript to March 18, 2020 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 17, 2020 Filing 212 NOTICE to Take Deposition of Dr. Mark Sirgo on March 27, 2020 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
March 16, 2020 Filing 211 REDACTED VERSION of #206 Objections by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
March 16, 2020 Filing 210 NOTICE to Take Deposition of Joseph Thomas (30)(b)(1) on March 20, 2020 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
March 12, 2020 Filing 209 REDACTED VERSION of #202 Exhibit to a Document, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 11, 2020 Filing 208 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Courtesy Copies - re #206 Objections. (Tigan, Jeremy)
March 9, 2020 Filing 207 Letter to The Honorable Colm F. Connolly from Samantha G. Wilson regarding Paper Copies of Documents Associated with Defendants' Objections (D.I. 203) - re #183 Memorandum and Order, #203 Objections,. (Wilson, Samantha)
March 6, 2020 Filing 206 [SEALED] OBJECTIONS by Arius Two, Inc., BioDelivery Sciences International, Inc. to #193 Memorandum and Order, . (Tigan, Jeremy)
March 6, 2020 Opinion or Order Filing 205 ORDER granting #201 Unopposed Motion to Seal and Redact D.I. 193 Court Order. Signed by Judge Christopher J. Burke on 3/6/2020. (dlb)
March 5, 2020 Filing 204 REDACTED VERSION of #192 Exhibit to a Document, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 5, 2020 Filing 203 OBJECTIONS by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. to #183 Memorandum and Order, [DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE BURKE'S FEBRUARY 20, 2020 ORDER DENYING DEFENDANTS' MOTION FOR LEAVE TO AMEND INVALIDITY CONTENTIONS]. (Gaza, Anne)
March 5, 2020 Filing 202 [SEALED] EXHIBIT re #201 MOTION to Seal Document: #193 Memorandum and Order, [DEFENDANTS' UNOPPOSED MOTION TO SEAL AND REDACT] (EXHIBIT B) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 5, 2020 Filing 201 MOTION to Seal Document: #193 Memorandum and Order, [DEFENDANTS' UNOPPOSED MOTION TO SEAL AND REDACT] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 5, 2020 Opinion or Order SO ORDERED D.I. #200 Joint STIPULATION TO EXTEND TIME to file a motion to seal and redact portions of the Court's February 28, 2020 Order to March 5, 2020 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Christopher J. Burke on 3/5/2020. (dlb)
March 4, 2020 Filing 200 Joint STIPULATION TO EXTEND TIME to file a motion to seal and redact portions of the Court's February 28, 2020 Order to March 5, 2020 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
March 4, 2020 Opinion or Order Filing 199 ORDER granting in part #191 Motion to Seal and Redact Transcript at D.I. 161. Signed by Judge Christopher J. Burke on 3/3/2020. (dlb)
March 3, 2020 Filing 198 REDACTED VERSION of D.I. #182 Order. (dlb)
March 3, 2020 Opinion or Order Filing 197 ORDER granting D.I. #189 Unopposed Motion to Seal and Redact Court's February 19, 2020 Order (D.I. 182). Signed by Judge Christopher J. Burke on 3/3/2020. (dlb)
March 3, 2020 Opinion or Order SO ORDERED D.I. #188 STIPULATION TO EXTEND TIME to file a motion to seal and redact portions of the January 27, 2020 discovery dispute transcript to February 27, 2020 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Ordered by Judge Christopher J. Burke on 3/3/2020. (dlb)
March 2, 2020 Filing 196 REDACTED VERSION of #186 Declaration by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 2, 2020 Filing 195 REDACTED VERSION of #185 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
March 2, 2020 Filing 194 NOTICE of Intent to Request Redaction by Samantha G. Wilson re #187 Transcript,, (Wilson, Samantha)
February 28, 2020 Opinion or Order Filing 193 [SEALED] MEMORANDUM ORDER regarding D.I. #152 MOTION [DEFENDANTS' MOTION TO MODIFY SCHEDULING ORDER (D.I. 39) and D.I. #132 MOTION to Stay and Toll the 30-Month Regulatory Stay. Signed by Judge Christopher J. Burke on 2/28/2020.This order has been emailed to local counsel. (dlb)
February 27, 2020 Filing 192 [SEALED] EXHIBIT re #191 Joint MOTION to Seal Document: #161 Transcript [JOINT MOTION TO SEAL AND REDACT] (Exhibit B) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 27, 2020 Filing 191 Joint MOTION to Seal Document: #161 Transcript [JOINT MOTION TO SEAL AND REDACT] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 26, 2020 Filing 190 [SEALED] EXHIBIT re #189 MOTION to Seal Document: #182 Order [DEFENDANTS' UNOPPOSED MOTION TO SEAL AND REDACT] (Sealed Exhibit B) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 26, 2020 Filing 189 MOTION to Seal Document: #182 Order [DEFENDANTS' UNOPPOSED MOTION TO SEAL AND REDACT] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 25, 2020 Filing 188 STIPULATION TO EXTEND TIME to file a motion to seal and redact portions of the January 27, 2020 discovery dispute transcript to February 27, 2020 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Lyons, Jeffrey)
February 25, 2020 Filing 187 Official Transcript of telephone conference held on February 18, 2020 before Judge Burke. Court Reporter/Transcriber Gail Verbano,Email: GailTheCourtReporter@gmail.com. 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 3/17/2020. Redacted Transcript Deadline set for 3/27/2020. Release of Transcript Restriction set for 5/26/2020. (vjg)
February 21, 2020 Filing 186 [SEALED] DECLARATION re #185 Letter Declaration of Nadine Paiement by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
February 21, 2020 Filing 185 [SEALED] Joint Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding The Court's Order (D.I. 182) - re #182 Order. (Gaza, Anne)
February 20, 2020 Filing 184 REDACTED VERSION of #176 Letter, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
February 20, 2020 Opinion or Order Filing 183 MEMORANDUM AND ORDER re #121 MOTION For Leave to Amend Invalidity Contentions filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Signed by Judge Christopher J. Burke on 2/20/2020.This order has been emailed to local counsel. (dlb) (dlb). Modified on 3/4/2020- unsealed (dlb).
February 19, 2020 Opinion or Order Filing 182 [SEALED] ORDER regarding Motion to Stay D.I. 132 and Motion to Modify Scheduling Order D.I. 152. Signed by Judge Christopher J. Burke on 2/19/2020.This order has been emailed to local counsel. (dlb)
February 19, 2020 Filing 181 REDACTED VERSION of #170 Letter by BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
February 18, 2020 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 2/18/20. The Court heard the parties' arguments regarding Plaintiffs Motion to Stay and Toll the 30-Month Regulatory Stay, (D.I. 132, see also D.I. 151; D.I. 168) and Defendants Motion to Modify Scheduling Order, (D.I. 152; see also D.I. 167; D.I. 176). The Court took the matters under advisement. (Clerk, Schwerin) APPEARANCES: J. Tigan and H. Levine for Plaintiffs; A. Gaza for Defendants; D. Varughese and A. LaRock for Defendants Insud Pharma S.L.U. and Chemo Research, S.L.; P. Meiklejohn for Defendant IntelGenX Technologies Corp. (Court Reporter, Gail Verbano, GailTheCourtReporter@gmail.com) (dlb)
February 17, 2020 Filing 180 NOTICE of Related Proceeding by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. (Wilson, Samantha)
February 14, 2020 Filing 179 REDACTED VERSION of #168 Reply Brief by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-4)(Tigan, Jeremy)
February 13, 2020 Filing 178 REDACTED VERSION of #154 Declaration, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 13, 2020 Filing 177 REDACTED VERSION of #153 Opening Brief in Support, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 13, 2020 Filing 176 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Chemo's Opening Letter Brief Regarding Discovery Deadlines for Fact and Expert Discovery - re 164 Order Setting Hearing on Motion,,,,,. (Tigan, Jeremy)
February 12, 2020 Opinion or Order Filing 175 ORAL ORDER: The Court, having considered the parties' joint letter regarding the privilege issue, (D.I. 170; see also D.I. 155), concludes that, as Plaintiffs suggest, (D.I. 170 at 1), the dispute need not be resolved at this time. The Court notes that Plaintiffs indicate that Defendants' forthcoming production of documents (expected to come in March) "may moot [this] dispute between the parties." (Id.) If that is so -- i.e., if it is possible that after Defendants' produce certain materials in March, Plaintiffs may no longer seek materials as to which Defendants now claim privilege, then it makes good sense to wait and not order briefing on the issue at this time. Thus, the Court DENIES AS MOOT the parties' respective discovery motions relating to this issue. (D.I. 116; D.I. 126; D.I. 127) Further, the Court ORDERS that by no later than March 31, 2020, the parties shall submit a joint status letter, no longer than two (2) single-spaced pages, concerning the status of Defendants' production and the ripeness of this privilege dispute. Ordered by Judge Christopher J. Burke on 2/12/2020. (dlb)
February 12, 2020 Filing 174 Official Transcript of telephone conference held on February 10, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/4/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/12/2020. (vjg)
February 11, 2020 Filing 173 NOTICE of Intent to Request Redaction by Samantha G. Wilson re #161 Transcript (Wilson, Samantha)
February 11, 2020 Filing 172 NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiffs' Second Set of Interrogatories (Nos. 12-18) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
February 10, 2020 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 2/10/20. The Court heard the parties' arguments regarding Defendants Motion for Leave to Amend Invalidity Contentions, (D.I. 121, see also D.I. 134, 138). The Court took the matters under advisement. (Clerk, Schwerin) APPEARANCES: J. Lyons and H. Levine for Plaintiffs; A. Gaza for Defendants; G. Godfrey for Defendant IntelGenX Technologies Corp.; and A. LaRock for defendants Insud Pharma S.L. and Chemo Research, S.L. (Court Reporter, Valerie Gunning)(dlb)
February 10, 2020 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 2/10/2020. The Court heard the parties' arguments regarding Defendants' Motion for Leave to Amend Invalidity Contentions, (D.I. 121, see also D.I. 134, 138). The Court took the matters under advisement. (Court Reporter Valerie Gunning. Clerk, Schwerin) APPEARANCES: J. Lyons and H. Levine for Plaintiffs; A. Gaza for Defendants; G. Godfrey for Defendant IntelGenX Technologies Corp.; and A. LaRock for defendants Insud Pharma S.L. and Chemo Research, S.L. (mlc)
February 10, 2020 Filing 171 REDACTED VERSION of #151 Answering Brief in Opposition, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit 1-6)(Gaza, Anne)
February 10, 2020 Filing 170 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding the Court's February 3, 2020 Oral Order - re 155 Oral Order,,,. (Tigan, Jeremy)
February 10, 2020 Filing 169 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Fourth Set of Interrogatories to Plaintiffs Pursuant to Rule 33 (Nos. 31-33) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
February 7, 2020 Filing 168 [SEALED] REPLY BRIEF re #132 MOTION to Stay and Toll the 30-Month Regulatory Stay filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit 1-4)(Tigan, Jeremy)
February 6, 2020 Filing 167 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding [DEFENDANTS' OPENING LETTER BRIEF REGARDING DISCOVERY DEADLINES FOR FACT AND EXPERT DISCOVERY] - re #152 MOTION [DEFENDANTS' MOTION TO MODIFY SCHEDULING ORDER (D.I. 39)] re #39 Scheduling Order,,, . (Attachments: #1 Exhibit 1)(Gaza, Anne)
February 5, 2020 Filing 166 REDACTED VERSION of #136 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 5, 2020 Filing 165 REDACTED VERSION of #127 Letter, by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
February 5, 2020 Opinion or Order Filing 164 ORAL ORDER: The Court, having reviewed Defendants' motion to modify the scheduling order ("motion") and opening brief in support thereof, (D.I. 152; D.I. 153), hereby ORDERS as follows: (1) The motion relates to a dispute regarding discovery matters, in that it is all about a request to extend the deadlines for fact and expert discovery.; (2) The Court will thus treat it as one falling within the scope of its prior order regarding discovery disputes in this case. (D.I. 58); (3) The Court therefore STRIKES Defendants' 14-page opening brief from the record. (D.I. 153); (4) The Court will consider Defendants' motion to be the equivalent of the joint letter and motion referred to in D.I. 58.; (5) By no later than February 6, 2020, Defendants may reformulate the arguments made in D.I. 153 into a letter brief of no more than four (4) single-spaced pages, and shall file that opening letter brief with the Court.; (6) By no later than February 13, 2020, Plaintiff may file an answering letter brief, of no more than four (4) single-spaced pages.; (7) The Court will hear argument by teleconference regarding the motion, as well as regarding Plaintiffs' pending motion to stay, (D.I. 132), on February 18, 2020 at 2:00 p.m. EST, with Plaintiffs initiating the call to 302-573-4595. Ordered by Judge Christopher J. Burke on 2/5/2020. (dlb)
February 5, 2020 Filing 163 NOTICE OF SERVICE of Defendants' Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1, 2, 6) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
February 4, 2020 Filing 162 Redaction of #161 Transcript. (vjg)
February 4, 2020 Filing 161 [SEALED] Transcript of telephone conference held on January 27, 2020 before Judge Burke.. (vjg)
February 4, 2020 Filing 160 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding request to schedule argument on the Motion to Stay - re #132 MOTION to Stay and Toll the 30-Month Regulatory Stay. (Tigan, Jeremy)
February 4, 2020 Opinion or Order Filing 159 ORDER REFERRING MOTION: #132 MOTION to Stay and Toll the 30-Month Regulatory Stay filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/4/2020. Motion referred to Magistrate Judge Christopher J. Burke.(nmf)
February 3, 2020 Filing 158 NOTICE to Take Deposition of Gary Goodson on February 6, 2020 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wilson, Samantha)
February 3, 2020 Filing 157 Letter to The Honorable Colm F. Connolly from Anne Shea Gaza regarding status of discovery. (Gaza, Anne)
February 3, 2020 Filing 156 NOTICE OF SERVICE of Plaintiffs' Supplemental Responses to Defendants' Second Set of Interrogatories (Nos. 3, 4, 5, 6, and 8) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
February 3, 2020 Opinion or Order Filing 155 ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion, (D.I. #124 ), and the parties' letter briefs, (D.I. 127, 135), and having heard oral argument, HEREBY ORDERS with regard to the parties' remaining disputes, (D.I. 126 at 1-2; D.I. 127 at 4; D.I. 135 at 4; D.I. 136 at 1-3), which relate to questions purportedly implicating the attorney-client privilege and attorney work product doctrine: (1) the parties shall further meet and confer to determine if they can agree on whether full briefing on these privilege issues should commence now or should be postponed until March, (see Tr. at 69-90); and (2) by no later than February 10, 2020, the parties shall file a joint status letter of no more than two (2) single-spaced pages, which sets out their views on this issue (and, to the extent they believe that briefing should commence now, that sets out a proposed briefing schedule). Ordered by Judge Christopher J. Burke on 2/3/2020. (mlc)
February 3, 2020 Opinion or Order SO ORDERED, re (119 in 1:18-cv-01395-CFC-CJB, 150 in 1:19-cv-00444-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Jeffrey D. Smyth of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/3/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms)
January 31, 2020 Filing 154 [SEALED] DECLARATION re #152 MOTION [DEFENDANTS' MOTION TO MODIFY SCHEDULING ORDER (D.I. 39)] re #39 Scheduling Order,,, , #153 Opening Brief in Support, [DECLARATION OF JOSEPHINE KIM] by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit 1-16)(Gaza, Anne)
January 31, 2020 Filing 153 [SEALED] OPENING BRIEF in Support re #152 MOTION [DEFENDANTS' MOTION TO MODIFY SCHEDULING ORDER (D.I. 39)] re #39 Scheduling Order,,, filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..Answering Brief/Response due date per Local Rules is 2/14/2020. (Gaza, Anne)
January 31, 2020 Filing 152 MOTION [DEFENDANTS' MOTION TO MODIFY SCHEDULING ORDER (D.I. 39)] re #39 Scheduling Order,,, - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Text of Proposed Order, #2 7.1.1 Certification, #3 COS)Motions referred to Christopher J. Burke.(Gaza, Anne)
January 31, 2020 Filing 151 [SEALED] ANSWERING BRIEF in Opposition re #132 MOTION to Stay and Toll the 30-Month Regulatory Stay filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..Reply Brief due date per Local Rules is 2/7/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Gaza, Anne)
January 31, 2020 Filing 150 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey D. Smyth of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
January 30, 2020 Opinion or Order Filing 149 ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion, (D.I. #124 ), and the parties' letter briefs, (D.I. 127, 135), and having heard oral argument, HEREBY ORDERS: (1) With regard to Defendants' request for certain samples of Belbuca, (D.I. 127 at 3; D.I. 135 at 4), Defendants' request is GRANTED. The product is asserted to read on the claims of the patents in-suit, and determining whether or why it actually does read on those claims appears relevant to a host of invalidity and infringement issues.; (2) With regard to Defendants' request for marketing/sales/commercial strategy documents, (D.I. 127 at 3; D.I. 135 at 4), the Court DENIES the request as moot in light of the discussion during the teleconference. (Tr. at 67); and (3) With regard to Defendants' request for documents underlying inventor declarations, (D.I. 127 at 3-4; D.I. 135 at 2), the Court understands that what is at issue are documents underlying the declarations of Dr. Finn and Dr. Vasisht, the inventors of the patents in-suit. Plaintiffs have affirmed that they have produced any such requested information in their possession. (Tr. at 69) Therefore, the Court DENIES this request as moot. Ordered by Judge Christopher J. Burke on 1/30/2020. (mlc)
January 30, 2020 Opinion or Order Filing 148 ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion, (D.I. #124 ), and the parties' letter briefs, (D.I. 127, 135), and having heard oral argument, HEREBY ORDERS with regard to Defendants' request that Plaintiffs produce certain documents from two related cases and produce certain research and development documents, (D.I. 127 at 2-3; D.I. 135 at 2-3): (1) As to documents from the Teva Litigation, the Court DENIES Defendants' request as moot, as it understands that Plaintiffs have "produced everything" from that case. (Tr. at 51); (2) As to documents from the Actavis Litigation, to the extent that invalidity contentions from that litigation regarding the '866 patent have not yet been produced, (Tr. at 51, 58), the Court GRANTS Defendants' request that they be timely produced, as that patent is also at issue in this litigation. As to the other category of documents regarding that litigation called out by Defendants' counsel during the teleconference (i.e., the Osborne and Tipulski depositions, (Tr. at 58-59)), because that material was not specifically referenced or discussed in Defendants' letter, (D.I. 127 at 2), the Court has little information about its relevance. Thus, the Court DENIES that request WITHOUT PREJUDICE to Defendants later making a more fulsome argument as to the relevance of the depositions.; (3) As to both the Actavis and Teva Litigations, the Court also DENIES WITHOUT PREJUDICE Defendants' request for settlement agreements. Here too, the Court had little argument from the parties about that issue, (Tr. at 44-45, 53-54), and from that argument the Court has heard, it has not yet been convinced that the agreements are relevant to the claims and defenses at issue in this case.; (4) With regard to Defendants' request for "discovery into Onsolis[,]" (D.I. 127 at 3), the Court DENIES the request WITHOUT PREJUDICE. The Court is convinced that the parties have not met and conferred over this issue. (D.I. 135 at 2; Tr. at 55) In light of that, and also in light of Defendants' acknowledgement that the documents are "less relevant" to this case than other materials at issue, (Tr. at 48), no relief is appropriate at this time.; (5) As to Defendants' request for "discovery into... Bunavail[,]" (D.I. 127 at 3), at oral argument, there was uncertainty between the parties about: (a) what Bunavail-related documents Defendants were actually requesting and (b) whether Plaintiffs had failed to produce any such requested documents. (See Tr. at 57, 59-60) The Court therefore DENIES this request WITHOUT PREJUDICE to Defendants making a later, more specific request after the parties have further met and conferred. Ordered by Judge Christopher J. Burke on 1/30/2020. (mlc)
January 30, 2020 Opinion or Order Filing 147 ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion, (D.I. #124 ), and the parties' letter briefs, (D.I. 127, 135), and having heard oral argument, HEREBY ORDERS that with regard to the dispute about documents between Plaintiffs and Endo "concerning Belbuca and patent licensing negotiations and licensing fees relating to Belbuca[,]" (D.I. 127 at 2; see also D.I. 135 at 3-4), the Court GRANTS Defendants' request. The documents appear relevant to Plaintiffs' objective considerations of non-obviousness case as to long-felt need (particularly documents relating to Endo's exiting of the partnership) for the reasons set out by Defendants, and so such discovery is warranted. Ordered by Judge Christopher J. Burke on 1/30/2020. (mlc)
January 30, 2020 Opinion or Order Filing 146 ORAL ORDER: The Court, having reviewed Defendants' discovery dispute motion, (D.I. #124 ), and the parties' letter briefs, (D.I. 127, 135), and having heard oral argument, HEREBY ORDERS as follows with regard to Defendants' assertion that Plaintiffs failed to comply with the Default Standard, (D.I. 127 at 1; D.I. 135 at 1-2): (1) The Court does not agree that Plaintiffs' failure to list the inventors in their Paragraph 3 Disclosures was a violation of the Default Standard, as the inventors do not appear to meet the definition of "Custodians" under Paragraph 3(a). (D.I. 135 at 1); (2) To the extent that Defendants complain that Plaintiffs listed only three custodians, the Court does not have a basis to find that this violates the Default Standard. This is because Paragraph 3(a) does not require a party to list 10 custodians if fewer than that number of persons associated with the party's case actually meet Paragraph 3(a)'s definition of "Custodian[]." Indeed, the Court understands that the respective Defendants here have designated far fewer than 10 custodians. And the Court has no basis to believe that Plaintiffs have failed to list persons who otherwise qualify under Paragraph 3(a)'s definition of a "Custodian[]."; (3) With regard to Defendants' complaint that they have not received e-mail from the three listed Paragraph 3 custodians, the Court understands that issue to be moot for now, as Plaintiffs have represented that they are searching for and producing such e-mail.; (4) And with regard to Defendants' request that Plaintiffs reveal their search terms and participate in the process described in Paragraph 5(b) of the Default Standard, the Court agrees with Plaintiffs that the parties seem to have previously understood and mutually agreed that they would not participate in the Paragraph 5(b) process in this case. After all, Defendants did not provide any of their search terms to Plaintiffs during the discovery period. (D.I. 135 at 1) At this time, after significant electronic document search efforts have already been completed, the Court will not order the parties to belatedly attempt the Paragraph 5(b) process. Moreover, Defendants have not yet made a sufficient case that Plaintiffs' actual production of documents is deficient (such that some late-in-the-game exchange of search terms or some additional searching is otherwise warranted).; (5) For these reasons, Defendants' motion in this regard is DENIED. Ordered by Judge Christopher J. Burke on 1/30/2020. (mlc)
January 29, 2020 Filing 145 REDACTED VERSION of #133 Opening Brief in Support, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
January 27, 2020 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 1/27/2020. The Court heard arguments from both parties regarding their Motion for Teleconference to Resolve Discovery Disputes. (D.I. 124) The Court took the matters under advisement. (Court Reporter Valerie Gunning. Clerk: A. Schwerin) APPEARANCES: J. Tigan, H. Levine, J. Hasford for Plaintiffs; A. Gaza, S. Wilson for Defendants, A. LaRock, C. Wysocki for Defendants Chemo Research, S.L. and Insud Pharma S.L.U.; G. Godfrey for Defendants IntelGenx Corp. and IntelGenx Technologies Corp; D. Gattuso and S. Sklar for nonparties Alvogen Defendants. (mlc)
January 27, 2020 Opinion or Order Filing 144 ORAL ORDER: The Court, having reviewed the Alvogen Defendants' January 24, 2020 letter, (D.I. 115 in Civil Action No. 18-1395-CFC-CJB), concerning the January 27, 2020 discovery dispute teleconference in Civil Action No. 19-444-CFC-CJB (the "Teleconference"), hereby GRANTS the Alvogen Defendants' request to participate in the Teleconference. The Alvogen Defendants shall coordinate with the parties to Civil Action No. 19-444-CFC-CJB regarding dial-in information and procedures to facilitate participation in the Teleconference. Ordered by Judge Christopher J. Burke on 1/27/2020. (dlb)
January 24, 2020 Filing 143 NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' Notice of Deposition of Defendants Pursuant to F.R.C.P. 30(b)(6) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 24, 2020 Opinion or Order Filing 142 ORAL ORDER: The Court, having considered the parties' briefs concerning Defendants' Motion for Leave to Amend Invalidity Contentions ("Motion"), (D.I. 121; see also D.I. 123), HEREBY ORDERS that oral argument on the Motion will be held during a teleconference with the Court on February 10, 2020, at 3:00 PM; counsel for Defendants shall initiate the call. Ordered by Judge Christopher J. Burke on 1/24/2020. (dlb)
January 23, 2020 Opinion or Order Filing 141 CLAIM CONSTRUCTION ORDER re (113 in 1:18-cv-01395-CFC-CJB, 139 in 1:19-cv-00444-CFC-CJB) Proposed Order filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 1/23/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
January 22, 2020 Filing 140 Joint Letter to The Honorable Christopher J. Burke from Samantha G. Wilson regarding Request for Teleconference to Address Defendants' Motion for Leave to Amend Invalidity Contentions - re #121 MOTION For Leave to Amend Invalidity Contentions . (Wilson, Samantha)
January 22, 2020 Filing 139 PROPOSED ORDER --[Proposed] Claim Construction Order-- by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
January 22, 2020 Filing 138 REPLY BRIEF re #121 MOTION For Leave to Amend Invalidity Contentions filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit A)(Wilson, Samantha)
January 22, 2020 Filing 137 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Third Set of Interrogatories to Plaintiffs Pursuant to Rule 33 (Nos. 11-30) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
January 21, 2020 Filing 136 [SEALED] Letter to The Honorable Christopher J. Burke from Samantha G. Wilson regarding Response to Plaintiffs' Discovery Dispute Letter - re #126 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 4A, #7 Exhibit 5, #8 Exhibit 5A)(Wilson, Samantha)
January 21, 2020 Filing 135 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Chemo's discovery dispute letter - re #127 Letter,. (Attachments: #1 Exhibits 1-8)(Tigan, Jeremy)
January 17, 2020 Filing 134 ANSWERING BRIEF in Opposition re #121 MOTION For Leave to Amend Invalidity Contentions filed by Arius Two, Inc., BioDelivery Sciences International, Inc..Reply Brief due date per Local Rules is 1/24/2020. (Attachments: #1 Exhibit E-I)(Tigan, Jeremy)
January 17, 2020 Filing 133 [SEALED] OPENING BRIEF in Support re #132 MOTION to Stay and Toll the 30-Month Regulatory Stay filed by Arius Two, Inc., BioDelivery Sciences International, Inc..Answering Brief/Response due date per Local Rules is 1/31/2020. (Attachments: #1 Exhibit 1-8)(Tigan, Jeremy)
January 17, 2020 Filing 132 MOTION to Stay and Toll the 30-Month Regulatory Stay - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Text of Proposed Order)(Tigan, Jeremy)
January 17, 2020 Filing 131 NOTICE OF SERVICE of 1) Defendants' Supplemental Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery and 2) Defendants IntelGenx Corp. and IntelGenx Technologies Corp.'s Supplemental Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
January 16, 2020 Opinion or Order SO ORDERED, re (111 in 1:18-cv-01395-CFC-CJB, 130 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME Proposed Claim Construction Order to January 22, 2020 filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 1/16/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
January 15, 2020 Filing 130 STIPULATION TO EXTEND TIME Proposed Claim Construction Order to January 22, 2020 - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick)
January 14, 2020 Filing 129 NOTICE of IN CAMERA SUBMISSION by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. re #127 Letter, (Wilson, Samantha)
January 13, 2020 Filing 128 NOTICE OF SERVICE of Plaintiffs' Objections to Defendants' Notice of Deposition of Plaintiffs BioDelivery Sciences International, Inc. and Arius Two, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
January 13, 2020 Filing 127 [SEALED] Letter to The Honorable Christopher J. Burke from Samantha G. Wilson regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8-11 (Slip Sheets - In Camera Only), #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16)(Wilson, Samantha)
January 13, 2020 Filing 126 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Disputes. (Attachments: #1 Exhibit 1-7)(Tigan, Jeremy)
January 13, 2020 Pro Hac Vice Attorney Sasha S. Rao for Chemo Research, S.L. 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)
January 10, 2020 Filing 125 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Meet and Confer - re #121 MOTION For Leave to Amend Invalidity Contentions . (Tigan, Jeremy)
January 8, 2020 Filing 124 Joint MOTION for Hearing re 117 Oral Order,,,,,,,,,, Order Setting Teleconference,,,,,,,,, //for Teleconference to Resolve Discovery Disputes - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. Motions referred to Christopher J. Burke.(Wilson, Samantha)
January 8, 2020 Opinion or Order ORAL ORDER: Counsel shall jointly file, on or before January 15, 2020, a proposed order that sets forth the constructions as adopted by the Court during the December 20, 2019 Markman Hearing. Ordered by Judge Colm F. Connolly on 1/8/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
January 7, 2020 Opinion or Order Filing 123 ORAL ORDER: The Court has reviewed Defendants' Motion for Leave to Amend Invalidity Contentions (the "Motion"). (D.I. 121) As an initial matter, the Court sees that the parties have not yet met and conferred. (Id. at 3) Therefore, the Court hereby ORDERS that: (1) By no later than January 10, 2020, the parties shall meet and confer regarding Defendants' Motion. The parties shall file a joint letter by that same date indicating whether Plaintiffs oppose the Motion.; (2) If Plaintiffs intend to oppose the Motion, then: (a) by no later than January 17, 2020, they shall file a responsive brief not to exceed ten (10) double-spaced pages.; and (b) by no later than January 22, 2020, Defendants may file a reply brief, not to exceed three (3) double-spaced pages, and by this same date, the parties shall file a letter requesting a teleconference to address the Motion. Ordered by Judge Christopher J. Burke on 1/7/2020. (dlb)
January 7, 2020 Filing 122 REDACTED VERSION of #113 Letter by Endo Pharmaceuticals, Inc.. (Tigan, Jeremy)
January 6, 2020 Filing 121 MOTION For Leave to Amend Invalidity Contentions - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Text of Proposed Order, #2 D. Del. Local Rule 7.1.1. Statement, #3 Exhibit A-D)Motions referred to Christopher J. Burke.(Wilson, Samantha)
January 3, 2020 Filing 120 NOTICE OF SERVICE of Fourth Set of Interrogatories (Nos. 31-33) to Plaintiffs filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Gaza, Anne)
January 3, 2020 Filing 119 NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories to Defendants (Nos. 12-18) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
January 3, 2020 Opinion or Order Filing 118 ORAL ORDER: The 1/7/2020 Discovery Conference is cancelled per request of Counsel as the dispute has been resolved. Ordered by Judge Christopher J. Burke on 1/3/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(mlc)
January 2, 2020 Opinion or Order Filing 117 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 30, 2019 letter requesting a discovery teleconference regarding various discovery disputes. (D.I. #116 ) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 39), will be modified as follows with regard to these disputes: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 1/27/2020 at 02:00 PM before Judge Christopher J. Burke.; (3) By no later than January 13, 2020, Defendants shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues as to the 3 disputes they are raising (including the dispute regarding their claim of privilege over certain documents concerning testing of their proposed generic product that contain information responsive to Plaintiffs' interrogatory no. 8) and their position on those issues, (D.I. 116 at 1-2).; (4) By no later than January 13, 2020, Plaintiffs shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the 2 issues they are raising (not to include the issue regarding Defendants' claim of privilege, since that will be addressed in Defendants' opening letter brief) and their position on those issues, (id.).; (5) By no later than January 21, 2020, Plaintiffs may file an answering letter brief, not to exceed four (4) pages, in no less than 12-point font, outlining their reasons for their opposition to Defendants' opening letter brief.; (6) By no later than January 21, 2020, Defendants may file an answering letter brief, not to exceed three (3) pages, in no less than 12-point font, outlining their reasons for their opposition to Plaintiffs' opening letter brief.; (7) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (8) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 1/2/2020. (mlc)
December 30, 2019 Filing 116 Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Request for Discovery Teleconference. (Gaza, Anne)
December 27, 2019 Filing 115 REDACTED VERSION of (97 in 1:18-cv-01395-CFC-CJB, 108 in 1:19-cv-00444-CFC-CJB) Letter, by Chemo Research, S.L., Insud Pharma S.L.. (Gaza, Anne)
December 23, 2019 Filing 114 NOTICE OF SERVICE of Defendants Third Set of Interrogatories (Nos. 11-28) to Plaintiffs filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick)
December 23, 2019 Filing 113 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Reply in Support of Motion to Quash Defendants' Subpoenas - re #81 MOTION to Quash. (Tigan, Jeremy)
December 20, 2019 Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 12/20/2019. (Court Reporter V. Gunning.) Counsel to submit a proposed order to the Court. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
December 19, 2019 Filing 112 Letter to The Honorable Colm F. Connolly from Samantha G. Wilson regarding Narrowing of Issues for December 20, 2019 Markman Hearing. (Wilson, Samantha)
December 19, 2019 Filing 111 NOTICE OF SERVICE of Defendants' Third Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 3, 4, 6, 7, 9-11) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
December 19, 2019 Filing 110 MOTION for Pro Hac Vice Appearance of Attorney Sasha Rao - filed by Chemo Research, S.L., Insud Pharma S.L.. (Wilson, Samantha)
December 19, 2019 Opinion or Order SO ORDERED, re #110 MOTION for Pro Hac Vice Appearance of Attorney Sasha Rao filed by Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 12/19/2019. (fms)
December 18, 2019 Filing 109 Joint MOTION for Teleconference - filed by Endo Pharmaceuticals, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy)
December 16, 2019 Filing 108 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding DEFENDANTS' OPPOSITION TO ENDO PHARMACEUTICALS, INC.'S MOTION TO QUASH DEFENDANTS' SUBPOENAS - re (80 in 1:18-cv-01395-CFC-CJB) Order Setting Teleconference,,,,, (86 in 1:19-cv-00444-CFC-CJB) Order Setting Teleconference,,,,, (75 in 1:18-cv-01395-CFC-CJB) MOTION to Quash Subpoena, (81 in 1:19-cv-00444-CFC-CJB) MOTION to Quash. (Attachments: #1 Exhibit 1-5)(Gaza, Anne)
December 16, 2019 Filing 107 NOTICE to Take Deposition of Alex Serreqi on January 24, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 16, 2019 Filing 106 NOTICE to Take Deposition of Anup Patel on January 27, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 16, 2019 Filing 105 NOTICE to Take Deposition of Carolin Madwar on January 28, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 16, 2019 Filing 104 NOTICE to Take Deposition of Francis Daigle on January 23, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 16, 2019 Filing 103 NOTICE to Take Deposition of Nadine Paiement on January 20, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 16, 2019 Filing 102 NOTICE to Take Deposition of Rodolphe Obeid on January 21, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 16, 2019 Opinion or Order Filing 101 ORAL ORDER Setting Mediation Conferences: At the request of the parties, the mediation scheduled for 1/17/20 at 10:00 AM has been rescheduled to 1/16/2020 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. The due date for submissions remains the same, 1/6/20 by 12:00 Noon. All other provisions of the Court's 11/18/19 Order remain in full force and effect. Ordered by Judge Mary Pat Thynge on 12/16/19. (cak)
December 13, 2019 Filing 100 NOTICE of 30(b)(6) Deposition of Plaintiffs BioDelivery Sciences International, Inc. and Arius Two, Inc. by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick)
December 13, 2019 Filing 99 NOTICE of 30(b)(1) Deposition of Niraj Vasisht by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick)
December 13, 2019 Filing 98 NOTICE of 30(b)(1) Deposition of Andrew Finn by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick)
December 13, 2019 Filing 97 NOTICE of 30(b)(1) Deposition of Steven Cornwell by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick)
December 9, 2019 Filing 96 REDACTED VERSION of #88 Exhibit to a Document, - Exhibit B - (Redacted Transcript of November 4, 2019 Discovery Teleconference) by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha) Modified on 12/10/2019 (dlb).
December 9, 2019 Filing 95 NOTICE to Take Deposition of Chemo Research S.L., Insud Pharma S.L.U., IntelGenx Corp., and IntelGenx Technologies Corp. on January 22, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
December 9, 2019 Opinion or Order Filing 94 ORDER granting D.I. #87 Joint MOTION to Seal and Redact Transcript of November 4, 2019 Discovery Teleconference (undocketed) filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Signed by Judge Christopher J. Burke on 12/9/2019. (dlb)
December 6, 2019 Pro Hac Vice Attorney Josephine J. Kim for Chemo Research, S.L. and Insud Pharma S.L. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
December 4, 2019 Filing 93 REDACTED VERSION of (85 in 1:19-cv-00444-CFC-CJB, 79 in 1:18-cv-01395-CFC-CJB) Appendix, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-6, #2 Exhibits 7-11, #3 Exhibits 12-20, #4 Exhibits 21-28)(Lyons, Jeffrey)
December 4, 2019 Filing 92 REDACTED VERSION of (84 in 1:19-cv-00444-CFC-CJB) Claim Construction Opening Brief, (78 in 1:18-cv-01395-CFC-CJB) Claim Construction Opening Brief by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Lyons, Jeffrey)
December 4, 2019 Opinion or Order SO ORDERED, re #91 MOTION for Pro Hac Vice Appearance of Attorney Josephine J. Kim filed by Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 12/4/2019. (fms)
December 3, 2019 Filing 91 MOTION for Pro Hac Vice Appearance of Attorney Josephine J. Kim - filed by Chemo Research, S.L., Insud Pharma S.L.. (Wilson, Samantha)
December 3, 2019 Filing 90 REDACTED VERSION of (83 in 1:19-cv-00444-CFC-CJB, 77 in 1:18-cv-01395-CFC-CJB) Exhibit to a Document by Endo Pharmaceuticals, Inc. (Tigan, Jeremy) Modified on 12/3/2019 (nmf).
December 3, 2019 Filing 89 REDACTED VERSION of (76 in 1:18-cv-01395-CFC-CJB) Opening Brief in Support, (82 in 1:19-cv-00444-CFC-CJB) Opening Brief in Support by Endo Pharmaceuticals, Inc. (Tigan, Jeremy) Modified on 12/3/2019 (nmf).
December 3, 2019 CORRECTING ENTRY: The redacted documents at D.I. 81 and 82 in Civil Action No. 18-1395 and D.I. 89 and 90 in Civil Action No. 19-444 have been modified per request of filer to reflect that the party filing these documents is Endo Pharmaceuticals, Inc. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
December 2, 2019 Filing 88 [SEALED] EXHIBIT re #87 Joint MOTION to Seal and Redact Transcript of November 4, 2019 Discovery Teleconference (undocketed) - Exhibit B - by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
December 2, 2019 Filing 87 Joint MOTION to Seal and Redact Transcript of November 4, 2019 Discovery Teleconference (undocketed) - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Certificate of Compliance, #2 Exhibit A, #3 Text of Proposed Order)Motions referred to Christopher J. Burke.(Wilson, Samantha)
December 2, 2019 Opinion or Order Filing 86 ORAL ORDER Setting Teleconference: The Court has reviewed nonparty Endo Pharmaceuticals, Inc.s Motion to Quash Subpoena, (D.I. 81). It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 39), will be modified as follows with regard to this dispute: (1) The parties to this dispute shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for January 7, at 2:00 p.m. before Judge Christopher J. Burke. (3) By no later than December 16, 2019, any party opposing the motion may file a letter brief, not to exceed six (6) pages, single-spaced, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) By no later than December 23, 2019, movant may file a reply letter brief, not to exceed two (2) pages, single-spaced, in no less than 12-point font.; (5) Two courtesy copies of the letter briefs are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on December 2, 2019. Ordered by Judge Christopher J. Burke on 12/2/2019. (dlb)
December 2, 2019 CORRECTING ENTRY: The pdf of attachment 3 to the Sealed Appendix (CA 18-1395, CI 79; CA 19-444, DI 85) has been replaced with a corrected version per request of filer. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
December 2, 2019 MOTION REFERRED: (75 in 1:18-cv-01395-CFC-CJB, 81 in 1:19-cv-00444-CFC-CJB) MOTION to Quash Subpoena Motion referred to Christopher J. Burke.Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf)
December 2, 2019 CORRECTING ENTRY: The pdf of D.I. #81 has been replaced with a corrected version per request of filer to include only the caption of this case and not the related case. (nmf)
December 2, 2019 MOTION REFERRED: #81 MOTION to Quash Motion referred to Christopher J. Burke.(nmf)
November 26, 2019 Filing 81 MOTION to Quash Subpoena - filed by Endo Pharmaceuticals, Inc. (nmf) Modified on 12/2/2019 (nmf).
November 26, 2019 Filing 85 [SEALED] APPENDIX re (84 in 1:19-cv-00444-CFC-CJB) Claim Construction Opening Brief, (78 in 1:18-cv-01395-CFC-CJB) Claim Construction Opening Brief by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibits 1-7, #2 Exhibits 8-15, #3 Exhibits 16-28)(Tigan, Jeremy) (Attachment 3 replaced on 12/2/2019) (nmf, ).
November 26, 2019 Filing 84 [SEALED] CLAIM CONSTRUCTION OPENING BRIEF /Joint Claim Construction Brief filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
November 26, 2019 Filing 83 [SEALED] EXHIBIT re (82 in 1:19-cv-00444-CFC-CJB) Opening Brief in Support (Exhibits 1-19) by Endo Pharmaceuticals, Inc. (Tigan, Jeremy)
November 26, 2019 Filing 82 [SEALED] OPENING BRIEF in Support re #81 MOTION to Quash Subpoena filed by Endo Pharmaceuticals, Inc. Answering Brief/Response due date per Local Rules is 12/10/2019. (Tigan, Jeremy)
November 26, 2019 Filing 80 NOTICE OF SERVICE of Defendants' Second Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (No. 8) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
November 25, 2019 Opinion or Order Filing 79 ORAL ORDER: The Court, having reviewed the parties' joint November 22, 2019 letter, hereby ORDERS that in light of the letter, the remaining portion of Plaintiffs' outstanding discovery dispute motion, (D.I. 62), is DENIED as MOOT.. Ordered by Judge Christopher J. Burke on 11/25/2019. (dlb)
November 22, 2019 Filing 78 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Update on Discovery Dispute. (Tigan, Jeremy)
November 20, 2019 Filing 77 NOTICE OF SERVICE of Defendants' Sur-Reply Claim Construction Brief filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
November 18, 2019 Filing 76 NOTICE of Intent to Request Redaction of undocketed Transcript of November 4, 2019 Discovery Teleconference by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. re Discovery Hearing,, (Wilson, Samantha)
November 18, 2019 Opinion or Order Filing 75 ORDER Setting Mediation Conferences: A Mediation Conference is set for 1/17/2020 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 11/18/19. (cak)
November 18, 2019 Document Unsealed at D.I. #72 Memorandum Order. (dlb)
November 15, 2019 Filing 74 Letter to The Honorable Christopher J. Burke from Samantha G. Wilson regarding the parties' belief that no redactions to the Memorandum Order of November 8, 2019 are required - re #72 Order,. (Wilson, Samantha)
November 12, 2019 Opinion or Order SO ORDERED, re #73 MOTION for Pro Hac Vice Appearance of Attorney Justin J. Hasford of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 11/12/2019. (fms)
November 12, 2019 Pro Hac Vice Attorney Justin J. Hasford for Arius Two, Inc. and BioDelivery Sciences International, 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. (mal)
November 11, 2019 Filing 73 MOTION for Pro Hac Vice Appearance of Attorney Justin J. Hasford of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
November 8, 2019 Opinion or Order Filing 72 [UNSEALED] ORDER regarding D.I. #62 Joint MOTION for Teleconference to Resolve Discovery Dispute filed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Signed by Judge Christopher J. Burke on 11/8/2019.This order has been emailed to local counsel. (dlb) Modified on 11/18/2019 (dlb).
November 7, 2019 Filing 71 REDACTED VERSION of #67 Letter by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Attachments: #1 Exhibit 1-7)(Gaza, Anne)
November 5, 2019 Filing 70 NOTICE of Subpoena to Endo Pharmaceuticals, Inc. by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. (Attachments: #1 Exhibit 1 and 2)(Wilson, Samantha)
November 4, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 11/4/2019. The Court heard the parties' arguments regarding the parties' discovery disputes, (D.I. 63, 67). The Court took the matters under advisement. (Clerk, Schwerin) APPEARANCES: Jeremy Tigan, Howard Levine and Jennifer Swan for Plaintiffs; Samantha G. Wilson for Defendants; Geoffrey Godfrey for defendant IntelGenX Technologies Corp.; and Charles Wysocki and Dennies Varughese for defendants Insud Pharma S.L. and Chemo Research, S.L. (Court Reporter, Lorraine Marino) (dlb)
November 4, 2019 Filing 69 REDACTED VERSION of #63 Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit 1-10)(Tigan, Jeremy)
November 4, 2019 Filing 68 NOTICE OF SERVICE of Defendants First Supplemental Responses and Objections to Plaintiffs First Set of Interrogatories (No. 8) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
October 31, 2019 Filing 67 [SEALED] Letter to The Honorable Christopher J. Burke from Anne Shea Gaza regarding Chemo Defendants' Response to Plaintiffs' October 24, 2019 Letter - re #63 Letter. (Attachments: #1 Exhibit 1-7)(Gaza, Anne)
October 29, 2019 Filing 66 NOTICE OF SERVICE of BDSI's Reply Claim Construction Brief filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
October 28, 2019 Filing 65 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to the Chemo Defendants' First Set of Interrogatories (Nos. 1-2) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
October 25, 2019 Opinion or Order Filing 64 ORAL ORDER Setting Teleconference: A Telephone Conference is set for 11/4/2019 at 12:00 Noon Eastern Time with Judge Mary Pat Thynge to discuss ADR. Plaintiffs' counsel shall initiate the teleconference call. Ordered by Judge Mary Pat Thynge on 10/25/19. (cak) Modified on 10/25/2019 (cak).
October 24, 2019 Filing 63 [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Dispute - re 61 Order Setting Teleconference,,,,,. (Attachments: #1 Exhibit 1-10)(Tigan, Jeremy)
October 23, 2019 Filing 62 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey)
October 17, 2019 Opinion or Order Filing 61 ORDER Setting Teleconference: The Court has reviewed the parties' October 16, 2019 letter requesting a discovery teleconference regarding a discovery dispute. (D.I. 60) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 39), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for November 4, 2019 at 2:00 p.m. before Judge Christopher J. Burke. (3) By no later than October 24, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than October 31, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 10/17/2019. (dlb)
October 16, 2019 Filing 60 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for the Scheduling of a Discovery Teleconference. (Tigan, Jeremy)
October 15, 2019 Filing 59 NOTICE OF SERVICE of Defendants' Answering Claim Construction Brief filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
October 8, 2019 Opinion or Order Filing 58 ORAL ORDER: The Court, having reviewed the case history in light of the October 7, 2019 referral, hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 39 at 11-12), 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 matter, the parties involved in the discovery matter dispute shall submit a joint letter with the text set out in the Courts 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. The moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute. The suggested text for this motion can be found in the same Forms tab, under the heading Discovery Matters -- Motion to Resolve Discovery Dispute. The Court will thereafter set a discovery telephone conference. To the extent the parties here currently have an unresolved discovery dispute, they may utilize these procedures to bring the dispute before the Court in the future.Ordered by Judge Christopher J. Burke on 10/8/2019. (mlc)
October 7, 2019 Opinion or Order Filing 57 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 10/7/2019. Associated Cases: 1:18-cv-01395-CFC, 1:19-cv-00444-CFC(nmf)
October 7, 2019 Opinion or Order ORAL ORDER re #57 Order Referring Case to Magistrate Judge, In light of the referral of all disputes relating to discovery and the protective order to Magistrate Judge Burke, IT IS ORDERED that the October 17, 2019 Discovery Conference before Judge Connolly is cancelled. Ordered by Judge Colm F. Connolly on 10/7/2019. (nmf)
September 26, 2019 Filing 56 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Second Set of Interrogatories (Nos. 3-10) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Lyons, Jeffrey)
September 20, 2019 Filing 55 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' First Set of Requests for Production of Documents and Things (Nos. 1-120) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Lyons, Jeffrey)
September 13, 2019 Filing 54 NOTICE OF SERVICE of BDSI's Opening Claim Construction Brief filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
September 12, 2019 Pro Hac Vice Attorney Daniel G. Chung for Arius Two, Inc. and BioDelivery Sciences International, 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. Associated Cases: 1:18-cv-01395-CFC, 1:19-cv-00444-CFC(kmd)
September 12, 2019 Opinion or Order SO ORDERED, re #53 MOTION for Pro Hac Vice Appearance of Attorney Daniel G. Chung filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 9/12/2019. (fms)
September 11, 2019 Filing 53 MOTION for Pro Hac Vice Appearance of Attorney Daniel G. Chung - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
September 4, 2019 Set Hearings: A Discovery Conference is set per request of counsel for 10/17/2019 at 10:00 AM in Courtroom 4B before Judge Colm F. Connolly. (nmf)
August 30, 2019 Filing 52 MOTION for Claim Construction re (50 in 1:19-cv-00444-CFC, 56 in 1:18-cv-01395-CFC) Claim Construction Chart - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
August 30, 2019 Filing 51 MOTION for Claim Construction re (50 in 1:19-cv-00444-CFC, 56 in 1:18-cv-01395-CFC) Claim Construction Chart - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
August 30, 2019 Filing 50 CLAIM Construction Chart by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-D)(Tigan, Jeremy)
August 30, 2019 Filing 49 NOTICE OF SERVICE of Defendants' Second Set of Interrogatories (Nos. 3 10) to Plaintiffs filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
August 28, 2019 Opinion or Order Filing 48 PROTECTIVE ORDER Signed by Judge Colm F. Connolly on 8/28/2019. (nmf)
August 27, 2019 Filing 47 NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
August 23, 2019 Filing 46 PROPOSED ORDER -- [Proposed] Stipulated Protective Order -- by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
August 21, 2019 Filing 45 NOTICE OF SERVICE of Defendants' First Set of Requests for the Production of Documents and Things (Nos. 1-120) to Plaintiffs filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
August 19, 2019 Filing 44 NOTICE OF SERVICE of Defendants' identification of claim terms for construction and proposed constructions filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
August 19, 2019 Opinion or Order SO ORDERED, re #43 STIPULATION TO EXTEND TIME to file a Proposed Protective Order to August 23, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 8/19/2019. (nmf)
August 16, 2019 Filing 43 STIPULATION TO EXTEND TIME to file a Proposed Protective Order to August 23, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
August 14, 2019 Opinion or Order SO ORDERED, re #42 STIPULATION TO EXTEND TIME to File Proposed Protective Order to August 16, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 8/14/2019. (nmf)
August 13, 2019 Filing 42 STIPULATION TO EXTEND TIME to File Proposed Protective Order to August 16, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
August 8, 2019 Filing 41 NOTICE OF SERVICE of 1) The Chemo Defendants' Responses and Objections to Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-43); 2) IntelGenx's Responses and Objections to Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-43), and 3) Defendants' Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-11) filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
August 8, 2019 Filing 40 Joint STIPULATION TO EXTEND TIME to file Proposed Protective Order to August 13, 2019 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
August 8, 2019 Opinion or Order SO ORDERED, re #40 Joint STIPULATION TO EXTEND TIME to file Proposed Protective Order to August 13, 2019 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 8/8/2019. (nmf)
August 7, 2019 Opinion or Order Filing 39 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 11/1/2019. Amended Pleadings due by 11/1/2019. Fact Discovery completed by 2/3/2020. Joint Claim Construction Brief due by 11/26/2019. A Markman Hearing is set for 12/20/2019 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 9/10/2020 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Bench Trial is set for 9/21/2020 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 1/14/2021 at 04:30 PM in Courtroom 4B before Judge Colm F. Connolly. A Bench Trial is set for 2/1/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 8/2/2019. (nmf)
August 7, 2019 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)
August 2, 2019 Opinion or Order SO ORDERED, re #37 Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to August 1, 2019 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 8/2/2019. (nmf)
August 1, 2019 Filing 38 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Proposed Scheduling Order. (Attachments: #1 Proposed Scheduling Order)(Tigan, Jeremy)
July 31, 2019 Filing 37 Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to August 1, 2019 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
July 31, 2019 Opinion or Order SO ORDERED, re #36 Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to July 31, 2019 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 7/31/2019. (nmf)
July 30, 2019 Filing 36 Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to July 31, 2019 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
July 26, 2019 Opinion or Order SO ORDERED, re #35 Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to July 30, 2019 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 7/26/2019. (nmf)
July 25, 2019 Filing 35 Joint STIPULATION TO EXTEND TIME to file Proposed Scheduling Order to July 30, 2019 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
July 24, 2019 Filing 34 NOTICE OF SERVICE of Plaintiffs' Initial Claim Charts on Infringement of the '866, '843, and '539 Patents by Defendants Pursuant to Paragraph 4(c) of the Default Standard for Discovery filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
July 18, 2019 Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 7/18/2019. (Court Reporter V. Gunning.) Counsel to submit a final revised proposed scheduling order to the Court for Civ. No. 19-444-CFC. Associated Cases: 1:19-cv-00444-CFC, 1:18-cv-01395-CFC(nmf)
July 9, 2019 Filing 33 Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Amended Proposal for Markman Exchanges, Briefing, and Hearing. (Attachments: #1 Stipulation)(Tigan, Jeremy)
July 9, 2019 Filing 32 NOTICE OF SERVICE of (1) Plaintiffs' First Set of Requests for the Production of Documents and Things to Defendants (Nos. 1-43) and (2) Plaintiffs' First Set of Interrogatories to Defendants (Nos. 1-11) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
June 28, 2019 Opinion or Order Filing 31 Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 7/18/2019 at 11:30 AM before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 6/28/2019. (nmf)
June 21, 2019 Filing 30 NOTICE OF SERVICE of Defendants IntelGenx Corp. and IntelGenx Technologies Corp.'s Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
June 21, 2019 Filing 29 NOTICE OF SERVICE of Defendants Chemo Research S.L. and Insud Pharma S.L.U.'s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Chemo Research, S.L., Insud Pharma S.L..(Wilson, Samantha)
June 21, 2019 Filing 28 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
June 19, 2019 Filing 27 PROPOSED ORDER Proposed Scheduling Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 17, 2019 Filing 26 NOTICE OF SERVICE of Initial Disclosures of IntelGenx Corp. and IntelGenx Technologies Corp. filed by IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha)
June 17, 2019 Filing 25 NOTICE OF SERVICE of Defendants Chemo Research S.L. and Insud Pharma S.L.U.'s Rule 26(a) Initial Disclosures filed by Chemo Research, S.L., Insud Pharma S.L..(Wilson, Samantha)
June 17, 2019 Opinion or Order SO ORDERED, re #24 STIPULATION TO EXTEND TIME for the parties to file a Proposed Scheduling Order to June 19, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/17/2019. (fms)
June 14, 2019 Filing 24 STIPULATION TO EXTEND TIME for the parties to file a Proposed Scheduling Order to June 19, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 14, 2019 Filing 23 NOTICE OF SERVICE of Fed. R. Civ. P. 26(a)(1) Initial Disclosures of Plaintiffs filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
June 12, 2019 Pro Hac Vice Attorneys Jennifer S. Swan, Charles E. Lipsey, Thomas J. Sullivan, Michael R. Galgano, and Howard W. Levine for Arius Two, Inc. and BioDelivery Sciences International, 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. (amf)
June 11, 2019 Filing 22 STIPULATION TO EXTEND TIME to File Proposed Scheduling Order to June 14, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 11, 2019 Opinion or Order SO ORDERED, re #22 STIPULATION TO EXTEND TIME to File Proposed Scheduling Order to June 14, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Setting Deadlines: ( Notice of Compliance deadline set for 6/14/2019.). Signed by Judge Colm F. Connolly on 6/11/2019. (fms)
June 7, 2019 Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Charles E. Lipsey, Howard W. Levine, Thomas J. Sullivan, Michael R. Galgano and Jennifer S. Swan - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
June 7, 2019 Opinion or Order SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney Charles E. Lipsey, Howard W. Levine, Thomas J. Sullivan, Michael R. Galgano and Jennifer S. Swan filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/7/2019. (fms)
June 5, 2019 Opinion or Order SO ORDERED, re #20 STIPULATION TO EXTEND TIME to File Proposed Scheduling Order to June 11, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/5/2019. (fms)
June 4, 2019 Filing 20 STIPULATION TO EXTEND TIME to File Proposed Scheduling Order to June 11, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy)
May 28, 2019 Filing 19 STIPULATION TO EXTEND TIME to Submit Proposed Scheduling Order to June 4, 2019 - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
May 28, 2019 Opinion or Order SO ORDERED, re #19 STIPULATION TO EXTEND TIME to Submit Proposed Scheduling Order to June 4, 2019 filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Setting Deadlines: ( Notice of Compliance deadline set for 6/4/2019.). Signed by Judge Colm F. Connolly on 5/28/2019. (fms)
May 10, 2019 Filing 18 ANSWER to #11 Answer to Complaint, Counterclaim by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy)
May 3, 2019 Pro Hac Vice Attorneys Paul T Meiklejohn and David Tseng for IntelGenX Technologies Corp. and IntelGenx Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp)
May 2, 2019 Pro Hac Vice Attorney Dennies Varughese, Adam C. LaRock, Lauren A. Watt,Charles T. Wysocki for Chemo Research, S.L., for Insud Pharma S.L. 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)
April 26, 2019 Opinion or Order Filing 17 ORDER, IT IS ORDERED that, on or before May 28, 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 5/28/2019.) Signed by Judge Colm F. Connolly on 4/26/2019. (nmf)
April 24, 2019 Pro Hac Vice Attorney Geoffrey M. Godfrey for IntelGenX Technologies Corp. and IntelGenx Corp. 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. (amf)
April 23, 2019 Opinion or Order SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Paul T. Meiklejohn, Attorney Geoffrey M. Godfrey and Attorney David Tseng filed by IntelGenx Corp., IntelGenX Technologies Corp., #15 MOTION for Pro Hac Vice Appearance of Attorney Dennies Varughese, Pharm.D., Attorney Adam C. LaRock, Attorney Lauren A. Watt and Attorney Charles T. Wysocki filed by Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 4/23/2019. (fms)
April 19, 2019 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Paul T. Meiklejohn, Attorney Geoffrey M. Godfrey and Attorney David Tseng - filed by IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
April 19, 2019 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Dennies Varughese, Pharm.D., Attorney Adam C. LaRock, Attorney Lauren A. Watt and Attorney Charles T. Wysocki - filed by Chemo Research, S.L., Insud Pharma S.L.. (Wilson, Samantha)
April 19, 2019 Filing 14 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent IntelGenX Technologies Corp. for IntelGenx Corp. filed by IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha)
April 19, 2019 Filing 13 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Kevilmare Espana S.L. for Insud Pharma S.L. filed by Insud Pharma S.L.. (Wilson, Samantha)
April 19, 2019 Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Insud Pharma S.L.U. for Chemo Research, S.L. filed by Chemo Research, S.L.. (Wilson, Samantha)
April 19, 2019 Filing 11 ANSWER to #1 Complaint, , COUNTERCLAIM against Arius Two, Inc., BioDelivery Sciences International, Inc. by Insud Pharma S.L., Chemo Research, S.L., IntelGenx Corp., IntelGenX Technologies Corp..(Gaza, Anne)
April 4, 2019 Filing 10 Joint STIPULATION TO EXTEND TIME for Defendants IntelGenx Corp. and IntelGenx Technologies Corp. to answer, move against, or otherwise plead in response to Plaintiffs' Complaint to May 6, 2019 - filed by IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne)
April 4, 2019 Filing 9 SUMMONS Returned Executed by BioDelivery Sciences International, Inc., Arius Two, Inc.. IntelGenx Corp. served on 4/3/2019, answer due 4/24/2019. (Tigan, Jeremy)
April 4, 2019 Opinion or Order SO ORDERED, re #10 Joint STIPULATION TO EXTEND TIME for Defendants IntelGenx Corp. and IntelGenx Technologies Corp. to answer, move against, or otherwise plead in response to Plaintiffs' Complaint to May 6, 2019 filed by IntelGenx Corp., IntelGenX Technologies Corp. Set/Reset Answer Deadlines: IntelGenX Technologies Corp. answer due 5/6/2019; IntelGenx Corp. answer due 5/6/2019. Signed by Judge Colm F. Connolly on 4/4/2019. (fms)
March 27, 2019 Filing 8 SUMMONS Returned Executed by BioDelivery Sciences International, Inc., Arius Two, Inc.. IntelGenX Technologies Corp. served on 3/19/2019, answer due 4/9/2019. (Tigan, Jeremy)
March 27, 2019 Filing 7 WAIVER OF SERVICE returned executed by BioDelivery Sciences International, Inc., Arius Two, Inc.: For Insud Pharma S.L. waiver sent on 3/6/2019, answer due 5/6/2019. (Tigan, Jeremy)
March 27, 2019 Filing 6 WAIVER OF SERVICE returned executed by BioDelivery Sciences International, Inc., Arius Two, Inc.: For Chemo Research, S.L. waiver sent on 3/6/2019, answer due 5/6/2019. (Tigan, Jeremy)
March 6, 2019 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 4, 2019 Summons Issued with Magistrate Consent Notice attached as to Chemo Research, S.L. on 3/4/2019; Insud Pharma S.L. on 3/4/2019; IntelGenX Technologies Corp. on 3/4/2019; IntelGenx Corp. on 3/4/2019. 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 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent BioDelivery Sciences International, Inc. for Arius Two, Inc. filed by Arius Two, Inc., BioDelivery Sciences International, Inc. (rwc)
March 1, 2019 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,147,866 B2 ;9,655,843 B2 ;9,901,539 B2. (rwc)
March 1, 2019 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 7/31/19. Date of Expiration of Patent: SEE ATTACHED.Thirty Month Stay Deadline: 8/1/2021. (rwc)
March 1, 2019 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc)
March 1, 2019 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2584006.) - filed by BioDelivery Sciences International, Inc., Arius Two, Inc. (Attachments: #1 Exhibit A-C, #2 Civil Cover Sheet)(rwc)

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Search for this case: BioDelivery Sciences International, Inc. et al v. Chemo Research, S.L. et al
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Defendant: Insud Pharma S.L.
Represented By: Anne Shea Gaza
Represented By: Samantha G. Wilson
Represented By: Charles T. Wysocki
Represented By: Dennies Varughese
Represented By: Adam C. LaRock
Represented By: Lauren A. Watt
Represented By: Dennies Varughese, Pharm.D
Represented By: Josephine J. Kim
Represented By: Ariana C Randal
Represented By: Byron L. Pickard
Represented By: Ryan E. Conkin
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Defendant: IntelGenX Technologies Corp.
Represented By: Anne Shea Gaza
Represented By: Samantha G. Wilson
Represented By: David Tseng
Represented By: Geoffrey M. Godfrey
Represented By: Janelle L. Elysee
Represented By: Paul T. Meiklejohn
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Defendant: IntelGenx Corp.
Represented By: Anne Shea Gaza
Represented By: Samantha G. Wilson
Represented By: David Tseng
Represented By: Geoffrey M. Godfrey
Represented By: Janelle L. Elysee
Represented By: Paul T. Meiklejohn
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Defendant: Chemo Research, S.L.
Represented By: Anne Shea Gaza
Represented By: Samantha G. Wilson
Represented By: Charles T. Wysocki
Represented By: Dennies Varughese
Represented By: Adam C. LaRock
Represented By: Lauren A. Watt
Represented By: Sasha S. Rao
Represented By: Dennies Varughese, Pharm.D
Represented By: Byron L. Pickard
Represented By: Ariana C Randal
Represented By: Josephine J. Kim
Represented By: Ryan E. Conkin
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Counter defendant: BioDelivery Sciences International, Inc.
Represented By: Jeremy A. Tigan
Represented By: Jack B. Blumenfeld
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Plaintiff: Arius Two, Inc.
Represented By: Jeremy A. Tigan
Represented By: Jack B. Blumenfeld
Represented By: Jeffrey J. Lyons
Represented By: Jennifer S. Swan
Represented By: Bonnie Fletcher Price
Represented By: Charles E. Lipsey
Represented By: Daniel G. Chung
Represented By: Daniele San Roman
Represented By: Howard W. Levine
Represented By: Justin J. Hasford
Represented By: Michael R. Galgano
Represented By: Thomas J. Sullivan
Represented By: Sarah Elizabeth Simonetti
Represented By: Oren D. Langer
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