Arena Pharmaceuticals, Inc. et al v. Aurobindo Pharma Limited et al
| Eisai Inc., 356 Royalty Inc. and Arena Pharmaceuticals, Inc. |
| Aurobindo Pharma USA, Inc. and Aurobindo Pharma Limited |
| 1:2019cv00811 |
| May 1, 2019 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 |
| None |
Docket Report
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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
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Filing 32
ORAL ORDER: In light of the email on behalf of Aurobindo with the redline attachment, counsel shall provide by email to Judge Thynge, with a copy to Ms. Kennedy, a joint update regarding their negotiations on or before close of business 1/6/20. To the extent either side believes that confidential information may be required to fully respond to this Oral Order, counsel may also provide a separate, private email to Judge Thynge, with a copy to Ms. Kennedy, and/or request a date/time for a teleconference with Judge Thynge. Ordered by Judge Mary Pat Thynge on 12/9/19. (cak)
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Filing 31
SO ORDERED Granting #30 Proposed Stipulated Protective Order. Signed by Judge Richard G. Andrews on 12/5/2019. (nms)
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| Filing 30 PROPOSED Stipulated Protective Order, by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. (Raucci, Anthony) Modified on 12/5/2019 (nms). |
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Filing 29
ORAL ORDER: As a result of the teleconference on 11/22/19, IT IS ORDERED that counsel for the Aurobindo entities, in response to the recent mark up/modification provided by counsel for the Arena entities to their proposed settlement agreement, shall complete a review and mark up to this proposed, revised settlement agreement and forward it to counsel for the Arena entities on or before 5:00 p.m. Eastern Time on 12/6/19. A copy of the Aurobindo entities' counterproposal shall be emailed to Judge Thynge and her judicial administrator, Cathleen Kennedy, on the same date and at the same time. Should the Aurobindo entities decide that presently they do not desire to further negotiate a resolution for this matter, then counsel for these defendants shall advise counsel for the Arena entities by email with a copy to Judge Thynge and Ms. Kennedy on or about 5:00 p.m. Eastern Time on 12/6/19. Ordered by Judge Mary Pat Thynge on 11/25/19. (cak)
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SO ORDERED, re #28 STIPULATION and Order Extending Deadline. Signed by Judge Richard G. Andrews on 11/21/2019. (nms)
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Filing 28
STIPULATION and Order Extending Deadline - filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. (Raucci, Anthony) Modified on 11/21/2019 (nms).
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| Filing 27 NOTICE OF SERVICE of (1) Aurobindo's response to Plaintiffs' First Set of Interrogatories (Nos. 1-9); (2) Aurobindo's response to Plaintiffs' First Set of Requests for Production (Nos. 1-55); and (3) Aurobindo's response to Plaintiffs' First Set of Requests for Admission (Nos. 1-18) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA, Inc..(Dorsney, Kenneth) |
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SO ORDERED, re #26 STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to November 20, 2019. Signed by Judge Richard G. Andrews on 11/7/2019. (nms)
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| Filing 26 STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to November 20, 2019 - filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. (Blumenfeld, Jack) |
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Filing 25
ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 11/22/2019 at 9:00 AM with Judge Mary Pat Thynge to follow up regarding mediation. Ordered by Judge Mary Pat Thynge on 11/5/19. (cak)
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SO ORDERED, re #23 STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to November 6, 2019. Signed by Judge Richard G. Andrews on 10/31/2019. (nms)
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| Filing 24 NOTICE OF SERVICE of (1) Plaintiffs' Initial Disclosures Regarding Custodians and Non-Custodial Data Sources; and (2) Plaintiffs' Initial Disclosures Identifying Aurobindo's Accused Product and Plaintiffs' Asserted Patents filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc..(Raucci, Anthony) |
| Filing 23 STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to November 6, 2019 - filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. (Raucci, Anthony) Modified on 10/31/2019 (nms). |
| Filing 22 NOTICE OF SERVICE of Aurobindo's Paragraph 3 Disclosures filed by Aurobindo Pharma Limited, Aurobindo Pharma USA, Inc..(Dorsney, Kenneth) |
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Filing 21
ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 11/5/2019 at 9:00 AM Eastern Time with Judge Mary Pat Thynge to follow up regarding mediation. Ordered by Judge Mary Pat Thynge on 10/15/19. (cak)
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| Filing 20 NOTICE OF SERVICE of (1) Plaintiffs' Rule 26(a)(1) Initial Disclosures; (2) Plaintiffs' First Set of Requests for Production of Documents and Things from Aurobindo (Nos. 1-55); (3) Plaintiffs' First Set of Interrogatories (Nos. 1-9); and (4) Plaintiffs' First Set of Requests for Admission (Nos. 1-18) filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc..(Blumenfeld, Jack) |
| Filing 19 NOTICE OF SERVICE of Initial disclosures pursuant to FRCP 26(a) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA, Inc..(Dorsney, Kenneth) |
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Filing 18
ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 10/11/2019 at 11:00 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 10/1/19. (cak)
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Filing 17
ORAL ORDER: The Rule 16(b) Conference set for 10/2/2019, is CANCELED. Ordered by Judge Richard G. Andrews on 9/30/2019. (nms)
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Filing 16
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/13/2020. Amended Pleadings due by 3/13/2020. Discovery due by 7/10/2020. Joint Claim Construction Brief due by 4/3/2020. A Markman Hearing is set for 5/5/2020, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 4/16/2021, at 9:00 AM in Courtroom 6A. A 3 day Bench Trial is set to start 4/21/2021, at 8:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 9/30/2019. (nms)
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| CORRECTING ENTRY: The order filed at D.I. 18 has been removed as it was filed in error. (nms) |
| 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 # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
| Filing 15 PROPOSED Scheduling Order, by Eisai Inc.. (Attachments: #1 Letter)(Raucci, Anthony) Modified on 9/27/2019 (nms). |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney David A. Chen - filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. (Raucci, Anthony) |
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SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney David A. Chen, filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. Signed by Judge Richard G. Andrews on 9/26/2019. (nms)
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| Pro Hac Vice Attorney Young J. Park for 356 Royalty Inc., for Arena Pharmaceuticals, Inc., for Eisai Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Pro Hac Vice Attorney Bruce M. Wexler for 356 Royalty Inc., for Arena Pharmaceuticals, Inc., for Eisai Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Pro Hac Vice Attorney Melanie R. Rupert for 356 Royalty Inc., for Arena Pharmaceuticals, Inc., for Eisai Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Bruce M. Wexler, Young J. Park and Melanie R. Rupert - filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. (Raucci, Anthony) |
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Bruce M. Wexler, Young J. Park and Melanie R. Rupert, filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. Signed by Judge Richard G. Andrews on 9/11/2019. (nms)
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Filing 12
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 10/2/2019, at 10:30 AM in Chambers before Judge Richard G. Andrews (see order for further details). Signed by Judge Richard G. Andrews on 9/10/2019. (nms)
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| Filing 11 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Aurobindo Pharma U.S.A., Inc. for Aurobindo Pharma Limited filed by Aurobindo Pharma Limited, Aurobindo Pharma USA, Inc.. (Dorsney, Kenneth) |
| Filing 10 ANSWER to #1 Complaint, by Aurobindo Pharma Limited, Aurobindo Pharma USA, Inc..(Dorsney, Kenneth) |
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SO ORDERED, re #9 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to September 3, 2019 (*Reset Answer Deadlines: Aurobindo Pharma Limited answer due 9/3/2019; Aurobindo Pharma USA, Inc. answer due 9/3/2019). Signed by Judge Richard G. Andrews on 8/19/2019. (nms)
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| Filing 9 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to September 3, 2019 - filed by Aurobindo Pharma Limited, Aurobindo Pharma USA, Inc.. (Dorsney, Kenneth) Modified on 8/20/2019 (nms). |
| Filing 8 AFFIDAVIT of Service for Complaint and related documents served on Aurobindo Pharma Limited on July 31, 2019, filed by 356 Royalty Inc., Arena Pharmaceuticals, Inc., Eisai Inc.. (Blumenfeld, Jack) |
| Filing 7 SUMMONS Returned Executed by Arena Pharmaceuticals, Inc., 356 Royalty Inc., Eisai Inc.. Aurobindo Pharma USA, Inc. served on 7/30/2019, answer due 8/20/2019. (Blumenfeld, Jack) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 6 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Eisai Co., Ltd. for Eisai Inc. - filed by Eisai Inc. (amf) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Arena Pharmaceuticals, Inc. for 356 Royalty Inc. - filed by 356 Royalty Inc. and Arena Pharmaceuticals, Inc. (amf) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,953,787 B2 ;7,514,422 B2; 7,977,329 B2; 8,207,158 B2; 8,273,734 B1; and 9,770,455 B2. (amf) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 3/20/2019. Date of Expiration of Patent: See attached form.Thirty Month Stay Deadline: 9/20/2021. (amf) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed against Aurobindo Pharma Limited and Aurobindo Pharma USA, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2632513) - filed by Arena Pharmaceuticals, Inc., 356 Royalty Inc., and Eisai Inc. (Attachments: #1 Exhibits A-F, #2 Civil Cover Sheet)(amf) |
| Summons Issued with Magistrate Consent Notice attached as to Aurobindo Pharma Limited and Aurobindo Pharma USA, Inc. on 5/1/2019. 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. (amf) |
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