SpePharm AG v. Eisai Inc.

Plaintiff: SpePharm AG
Defendant: Eisai Inc.
Case Number: 1:2019cv00965
Filed: May 28, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Filing 46 [SEALED] Combined Opening and Answering Brief re #45 Cross-MOTION for Judgment on the Pleadings, and #40 MOTION for Judgment on the Pleadings, filed by Eisai Inc.. Answering Brief/Response due date per Local Rules is 8/5/2019. Reply Brief due date per Local Rules is 7/29/2019. (Attachments: #1 Certificate of Service)(Friedlander, Joel) Modified on 7/23/2019 (nms).
July 22, 2019 Filing 45 Cross-MOTION for Judgment on the Pleadings - filed by Eisai Inc.. (Attachments: #1 Text of Proposed Order)(Friedlander, Joel) Modified on 7/23/2019 (nms).
July 8, 2019 Filing 44 REDACTED VERSION of #41 Opening Brief in Support by SpePharm AG. (Farnan, Brian)
July 8, 2019 Filing 43 REDACTED VERSION of #39 Answer to Counterclaim by SpePharm AG. (Farnan, Brian)
July 2, 2019 Filing 42 Official Transcript of Oral Argument held on 06/20/19 before Judge Richard G. Andrews. Court Reporter/Transcriber Heather M. Triozzi,Telephone number 302-573-6195. Transcript may be viewed at the court public terminal or 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 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (Triozzi, Heather)
July 1, 2019 Filing 41 [SEALED] OPENING BRIEF in Support re #40 MOTION for Judgment on the Pleadings filed by SpePharm AG.Answering Brief/Response due date per Local Rules is 7/15/2019. (Attachments: #1 Certificate of Service)(Farnan, Brian)
July 1, 2019 Filing 40 MOTION for Judgment on the Pleadings - filed by SpePharm AG. (Farnan, Brian)
July 1, 2019 Filing 39 [SEALED] ANSWER to #33 Answer to Complaint and Counterclaims, by SpePharm AG. (Attachments: #1 Certificate of Service)(Farnan, Brian) Modified on 7/2/2019 (nms).
June 28, 2019 Filing 38 SO ORDERED Granting #37 Stipulated Protective Order. Signed by Judge Richard G. Andrews on 6/28/2019. (nms)
June 28, 2019 Filing 37 Proposed Stipulated Protective Order, by Eisai Inc.. (Friedlander, Joel) Modified on 6/28/2019 (nms).
June 26, 2019 Filing 36 REDACTED VERSION of #33 Answer and Counterclaim, by Eisai Inc.. (Friedlander, Joel) Modified on 6/26/2019 (nms).
June 21, 2019 Filing 35 ORAL ORDER: The hearing scheduled for 8/9/2019, will now be held in Courtroom 4A. Ordered by Judge Richard G. Andrews on 6/21/2019. (nms)
June 21, 2019 Filing 34 ORAL ORDER: The Motion for Temporary Restraining Order and Preliminary Injunction (D.I. #9 ) is DENIED. The Motion to Expedite Proceedings (D.I. #7 ) is DISMISSED AS MOOT. A hearing on the (to be filed) Motion for Judgment as a Matter of Law is set for 8/9/2019, at 9:00 AM (in a courtroom to be determined) before Judge Richard G. Andrews. Ordered by Judge Richard G. Andrews on 6/21/2019. (nms)
June 20, 2019 Minute Entry for proceedings held before Judge Richard G. Andrews - Oral Argument held on 6/20/2019. Local counsel present for plaintiff: B. Farnan. Local counsel present for defendant: J. Friedlander. (Court Reporter Heather Triozzi.) (crb)
June 18, 2019 Filing 33 [SEALED] ANSWER to Complaint, and COUNTERCLAIM against SpePharm AG by Eisai Inc.. (Attachments: #1 Certificate of Service)(Friedlander, Joel) Modified on 6/18/2019 (nms).
June 17, 2019 Filing 32 REDACTED VERSION of #19 Reply Brief by SpePharm AG. (Farnan, Brian)
June 17, 2019 Filing 31 ORAL ORDER: At the hearing on the 20th, the parties should be prepared to discuss scheduling for the remainder of the case. Ordered by Judge Richard G. Andrews on 6/17/2019. (nms)
June 17, 2019 REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #19 . (nms)
June 14, 2019 Filing 30 ORAL ORDER: A hearing on the Motion for Temporary Restraining Order and Preliminary Injunction (D.I. #9 ) is now set for 6/20/2019, at 3:30 PM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 6/14/2019. (nms)
June 7, 2019 Filing 29 REDACTED VERSION of #18 Declaration of Kelvin Jenkins, by Eisai Inc.. (Attachments: #1 Exhibits A-F)(Quinn, Christopher) Modified on 6/7/2019 (nms).
June 7, 2019 Filing 28 REDACTED VERSION of #17 Answering Brief in Opposition, by Eisai Inc.. (Quinn, Christopher) Modified on 6/7/2019 (nms).
June 7, 2019 Pro Hac Vice Attorney Martin J. Black for SpePharm AG 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)
June 6, 2019 Filing 27 NOTICE of Entry of Appearance of Christopher M. Foulds, Esq., by Eisai Inc.. (Friedlander, Joel) Modified on 6/6/2019 (nms).
June 5, 2019 Filing 26 REDACTED VERSION of #11 Letter by SpePharm AG. (Farnan, Brian)
June 5, 2019 Filing 25 REDACTED VERSION of #10 Opening Brief in Support, by SpePharm AG. (Farnan, Brian)
June 5, 2019 Filing 24 REDACTED VERSION of #9 MOTION for Temporary Restraining Order and Preliminary Injunction by SpePharm AG. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
June 5, 2019 Filing 23 REDACTED VERSION of #8 Opening Brief in Support by SpePharm AG. (Farnan, Brian)
June 5, 2019 Filing 22 REDACTED VERSION of #7 MOTION to Expedite Proceedings by SpePharm AG. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
June 4, 2019 Filing 21 REDACTED VERSION of #3 Exhibit A, by Eisai Inc.. (Friedlander, Joel) Modified on 6/5/2019 (nms).
June 4, 2019 Filing 20 Letter to The Honorable Richard G. Andrews, from Joel Friedlander, regarding request for oral argument. (Friedlander, Joel) Modified on 6/5/2019 (nms).
June 3, 2019 Filing 19 [SEALED] REPLY BRIEF re #9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by SpePharm AG. (Attachments: #1 Certificate of Service)(Farnan, Brian)
May 31, 2019 Filing 18 [SEALED] DECLARATION of Kelvin Jenkins re #17 Answering Brief in Opposition, by Eisai Inc.. (Attachments: #1 Exhibit A-F, #2 Certificate of Service)(Friedlander, Joel) Modified on 6/3/2019 (nms).
May 31, 2019 Filing 17 [SEALED] ANSWERING BRIEF in Opposition re #9 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Eisai Inc.. Reply Brief due date per Local Rules is 6/7/2019. (Attachments: #1 Certificate of Service)(Friedlander, Joel) Modified on 6/3/2019 (nms).
May 31, 2019 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Benjamin J. Razi, Dennis B. Auerbach and Jon-Michael Dougherty - filed by Eisai Inc.. (Friedlander, Joel)
May 31, 2019 SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Benjamin J. Razi, Dennis B. Auerbach and Jon-Michael Dougherty, filed by Eisai Inc.. Signed by Judge Richard G. Andrews on 5/31/2019. (nms)
May 31, 2019 Pro Hac Vice Attorney Luke M. Reilly, Katherine A. Helm for SpePharm AG 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)
May 30, 2019 Filing 15 ORAL ORDER: Eisai shall file a brief on the merits in response to the motion for a TRO and preliminary injunction (D.I. #9 ) by May 31, 2019. SpePharm shall file a reply brief by June 3, 2019. Ordered by Judge Richard G. Andrews on 5/30/2019. (nms)
May 30, 2019 Filing 14 Letter to The Honorable Richard G. Andrews from Joel Friedlander regarding Eisai Inc.'s response to SpePharm's letter filed on May 29, 2019 - re #11 Letter. (Friedlander, Joel)
May 29, 2019 Filing 13 NOTICE of Entry of Appearance of Joseph J. Gribbin by SpePharm AG (Farnan, Brian)
May 29, 2019 Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Martin J. Black, Katherine A. Helm, and Luke M. Reilly - filed by SpePharm AG. (Farnan, Brian)
May 29, 2019 Filing 11 [SEALED] Letter to The Honorable Richard G. Andrews from Brian E. Farnan regarding Request for Expedited Hearing. (Farnan, Brian)
May 29, 2019 Filing 10 [SEALED] OPENING BRIEF in Support re #9 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by SpePharm AG.Answering Brief/Response due date per Local Rules is 6/12/2019. (Attachments: #1 Certificate of Service)(Farnan, Brian) Modified on 5/29/2019 (nms).
May 29, 2019 Filing 9 [SEALED] MOTION for Temporary Restraining Order and Preliminary Injunction - filed by SpePharm AG. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Farnan, Brian) Modified on 5/29/2019 (nms).
May 29, 2019 Filing 8 [SEALED] OPENING BRIEF in Support re #7 MOTION to Expedite Proceedings, filed by SpePharm AG.Answering Brief/Response due date per Local Rules is 6/12/2019. (Attachments: #1 Certificate of Service)(Farnan, Brian) Modified on 5/29/2019 (nms).
May 29, 2019 Filing 7 [SEALED]MOTION to Expedite Proceedings - filed by SpePharm AG. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Farnan, Brian) Modified on 5/29/2019 (nms).
May 29, 2019 SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Martin J. Black, Katherine A. Helm, and Luke M. Reilly, filed by SpePharm AG. Signed by Judge Richard G. Andrews on 5/29/2019. (nms)
May 29, 2019 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
May 28, 2019 Filing 6 AFFIDAVIT of Service for Complaint and Summons served on Eisai Inc. on May 28, 2019, filed by SpePharm AG. (Attachments: #1 Exhibit A)(Farnan, Brian)
May 28, 2019 Filing 5 ORDER granting D.I. #1 MOTION to Seal Exhibit A to Eisai's Notice of Removal. Signed by Judge Leonard P. Stark on 5/28/2019. (nmg)
May 28, 2019 Filing 4 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
May 28, 2019 Filing 3 [SEALED] EXHIBIT A re #2 Notice of Removal by Eisai Inc. (nmg)
May 28, 2019 Filing 2 NOTICE OF REMOVAL and copies of documents from DE Chancery Court, Case Number 2019-0389 (Filing fee $400, receipt number DEX031855)- filed by Eisai Inc. (Attachments: #1 Civil Cover Sheet)(nmg)
May 28, 2019 Filing 1 MOTION to Seal Exhibit A to Eisai's Notice of Removal - filed by Eisai Inc. (Attachments: #1 Text of Proposed Order)(nmg)
May 28, 2019 Remark: Case submitted for routine judicial assignment. (nmg)

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Plaintiff: SpePharm AG
Represented By: Michael J. Farnan
Represented By: Brian E. Farnan
Represented By: Joseph J. Gribbin
Represented By: Martin J. Black
Represented By: Katherine A. Helm
Represented By: Luke M. Reilly
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Defendant: Eisai Inc.
Represented By: Joel E. Friedlander
Represented By: Christopher P. Quinn
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