Keryx Biopharmaceuticals, Inc et al v. Mylan Pharmaceuticals Inc.
Plaintiff: Panion & BF Biotech, Inc., Keryx Biopharmaceuticals, Inc. and Chen Hsing Hsu
Defendant: Mylan Pharmaceuticals Inc.
Case Number: 1:2019cv01445
Filed: July 31, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35:271
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2019 Filing 56 NOTICE OF SERVICE of Defendant Mylan Pharmaceuticals Inc.'s Initial Disclosures Pursuant To Rule 26(a)(1) And The District Of Delaware's Default Standard For Discovery filed by Mylan Pharmaceuticals Inc..(Palapura, Bindu)
September 26, 2019 Filing 55 NOTICE OF SERVICE of (1) Plaintiffs' Fed. R. Civ. P. 26(a)(1) Initial Disclosures; and (2) Plaintiffs' Disclosure Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc., Chen Hsing Hsu, Chen Hsing Hsu.(Raucci, Anthony)
September 23, 2019 Filing 54 NOTICE OF SERVICE of Plaintiffs' Preliminary Infringement Contentions for the Mylan Action filed by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc..(Raucci, Anthony)
September 23, 2019 Opinion or Order Filing 53 ORAL ORDER: If, during the pendency of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Hall, they should contact chambers by e-mail at Cailah_Garfinkel@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Hall regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. In addition, Judge Hall may in the future enter a sua sponte order setting an ADR teleconference. Ordered by Judge Jennifer L. Hall on 9/23/2019. Associated Cases: 1:19-md-02896-LPS et al.(ceg)
September 23, 2019 Filing 52 NOTICE OF SERVICE of 1) Defendants' Second Set of Requests for the Production of Documents and Things (Nos. 2-108) to Plaintiffs; and 2) Defendants' First Set of Interrogatories (Nos. 1-9) to Plaintiffs filed by Chemo Research S.L., Insud Pharma S.L.U..(Wilson, Samantha)
September 20, 2019 CASE REFERRED to Magistrate Judge Jennifer L. Hall 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 Associated Cases: 1:19-md-02896-LPS et al.(cak)
September 20, 2019 Opinion or Order Filing 51 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 12/11/2020. Status Report due by 7/3/2020. Claim Construction Opening Brief due by 1/31/2020. Claim Construction Answering Brief due by 2/28/2020. A Markman Hearing is set for 4/27/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 1/19/2021. A Final Pretrial Conference is set for 1/29/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. An 8-day Bench Trial is set for 2/8/2021 at 08:30 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 9/19/19. Associated Cases: 1:19-md-02896-LPS et al. (ntl)
September 13, 2019 Filing 50 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Request for Production (No. 1) filed by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc., Chen Hsing Hsu.(Raucci, Anthony)
September 6, 2019 Opinion or Order Filing 49 ORAL ORDER: Regarding the two tag-along actions (Civil Action Nos. 19-884 & 19-885), IT IS HEREBY ORDERED that the parties shall confer and by September 11 submit a proposed form of order that would add those two cases to the MDL. ORDERED by Judge Leonard P. Stark on 9/6/19. Associated Cases: 1:19-md-02896-LPS, 1:18-cv-01968-LPS, 1:18-cv-02012-LPS, 1:19-cv-00220-LPS, 1:19-cv-01445-LPS (ntl)
September 6, 2019 Filing 48 NOTICE OF SERVICE of Plaintiffs' First Set of Common Interrogatories filed by Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc., Chen Hsing Hsu, Chen Hsing Hsu.(Raucci, Anthony)
September 6, 2019 Filing 47 NOTICE OF SERVICE of Mylan's Objections and Responses to Plaintiffs' First Set of Common Requests for Production (Nos. 1-33) filed by Mylan Pharmaceuticals Inc..(Palapura, Bindu)
August 30, 2019 Filing 46 Proposed Pretrial Order --[Proposed] Pretrial Scheduling Order-- by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc., Chen Hsing Hsu. (Attachments: #1 Cover Letter)(Raucci, Anthony)
August 26, 2019 Filing 45 Joint STATUS REPORT by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc., Chen Hsing Hsu. (Raucci, Anthony)
August 23, 2019 Filing 44 NOTICE OF SERVICE of Plaintiffs' Disclosure Pursuant to Paragraph 4a of the Delaware Default Standard for Discovery filed by Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc., Chen Hsing Hsu, Chen Hsing Hsu.(Raucci, Anthony)
August 15, 2019 Filing 43 NOTICE OF SERVICE of Defendants' Request for Production (No. 1) filed by Mylan Pharmaceuticals Inc., Lupin Atlantis Holdings SA, Lupin Ltd., Chemo Research S.L., Insud Pharma S.L.U..(Palapura, Bindu)
August 12, 2019 Opinion or Order Filing 42 ORAL ORDER: IT IS HEREBY ORDERED that counsel shall provide the Court with a joint status report on or before August 26, 2019. ORDERED by Judge Leonard P. Stark on 8/12/19. Associated Cases: 1:19-md-02896-LPS, 1:18-cv-01968-LPS, 1:18-cv-02012-LPS, 1:19-cv-00220-LPS, 1:19-cv-01445-LPS (ntl)
August 9, 2019 Pro Hac Vice Attorney Yan-Xin Li for Mylan Pharmaceuticals Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
August 9, 2019 Opinion or Order SO ORDERED, re (41 in 1:19-cv-01445-LPS, 9 in 1:19-md-02896-LPS) MOTION for Pro Hac Vice Appearance of Attorney Yan-Xin Li of Wilson Sonsini Goodrich & Rosati filed by Mylan Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 8/9/19. Associated Cases: 1:19-md-02896-LPS, 1:19-cv-01445-LPS (ntl)
August 8, 2019 Filing 41 MOTION for Pro Hac Vice Appearance of Attorney Yan-Xin Li of Wilson Sonsini Goodrich & Rosati - filed by Mylan Pharmaceuticals Inc.. (Palapura, Bindu)
August 7, 2019 Filing 40 NOTICE requesting Clerk to remove Anjali Deshmukh as co-counsel. Reason for request: no longer with the firm Wilson Sonsini Goodrich and Rosati. (Moore, David)
August 7, 2019 Filing 39 NOTICE of Appearance by Bindu Ann George Palapura on behalf of Mylan Pharmaceuticals Inc. (Palapura, Bindu)
August 7, 2019 Filing 38 NOTICE of Appearance by David Ellis Moore on behalf of Mylan Pharmaceuticals Inc. (Moore, David)
August 6, 2019 Filing 37 NOTICE OF SERVICE of Plaintiffs' First Set of Common Requests for Production of Documents and Things filed by Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc., Chen Hsing Hsu.(Raucci, Anthony)
August 6, 2019 Filing 36 NOTICE of Appearance by Anthony David Raucci on behalf of Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc., Panion & BF Biotech, Inc. (Raucci, Anthony)
August 1, 2019 NOTICE: Documents relating to all actions should be filed on the master docket sheet and on the docket sheet of each individual action. Documents relating to two or more, but not all, individual actions should be filed on the master docket sheet, and on the docket sheet of each affected individual action. Documents affecting a single individual action should be filed on the docket sheet of that action and on the master docket sheet. Associated Cases: 1:19-cv-01445-LPS, 1:19-md-02896-LPS(rwc)
August 1, 2019 Filing 35 NOTICE TO COUNSEL: MDL No. 1:19-md-2896 has been opened and assigned to the Honorable Leonard P. Stark. Attorneys of record who will be electronically filing documents may use the attached form to register for a CM/ECF login and password. Please see the docket for further entries. Associated Cases: 1:19-cv-01445-LPS, 1:19-md-02896-LPS(rwc)
August 1, 2019 Filing 34 Record of case transferred in from District of West Virginia Northern; Case Number in Other District: 1:19-cv-00040. Copy of Docket Sheet and original file
July 31, 2019 Case transferred to District of Delaware re MDL 2896. Entire Case file electronically transmitted. (jmm) [Transferred from West Virginia Northern on 8/1/2019.]
July 31, 2019 Opinion or Order Filing 33 CERTIFIED COPY OF JPML TRANSFER ORDER re: pldg. ( #1 in MDL No. 2896) Transferring 1 action(s) to Chief Judge Leonard P. Stark in the D. Delaware.Signed by Judge Sarah S. Vance, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 7/31/2019. Associated Cases: MDL No. 2896, DE/1:18-cv-01968, DE/1:18-cv-02012, DE/1:19-cv-00220, WVN/1:19-cv-00040. (jmm) [Transferred from West Virginia Northern on 8/1/2019.]
May 23, 2019 Opinion or Order Filing 32 ORDER GRANTING JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE AND RELATED DEADLINES DKT. NO. #31 . Court ORDERS that the following table of dates and deadlines shall govern the further preparation of this case; Rule 26 Meeting to be held by 7/26/2019. Rule 26 Meeting Report due by 8/2/2019. Scheduling Conference set for 8/15/2019 11:30 AM in Judge Keeley's chambers before Senior Judge Irene M. Keeley. Discovery due by 8/22/2019. Signed by Senior Judge Irene M. Keeley on 5/23/2019. (copy counsel of record)(jmm) Modified on 5/28/2019 corrected location of scheduling conference and regenerated NEF (jmm). [Transferred from West Virginia Northern on 8/1/2019.]
May 23, 2019 Filing 31 Joint MOTION to Continue Scheduling Conference and Related Deadlines by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc, Panion & BF Biotech, Inc.. (Mowen, Gordon) [Transferred from West Virginia Northern on 8/1/2019.]
April 26, 2019 Filing 30 REPLY by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc, Panion & BF Biotech, Inc. to #27 Answer to Complaint, Counterclaim. (Higginbotham, Daniel) [Transferred from West Virginia Northern on 8/1/2019.]
April 22, 2019 Filing 29 Courtesy Copy of Motion to Transfer filed with the JDML. (Attachments: #1Part 2, #2 Part 3, #3 Part 4)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
April 5, 2019 Filing 28 Corporate Disclosure Statement by Mylan Pharmaceuticals Inc. identifying Corporate Parent Mylan Inc., Corporate Parent Mylan N.V. for Mylan Pharmaceuticals Inc., Mylan Pharmaceuticals Inc... (O'Brien, William) [Transferred from West Virginia Northern on 8/1/2019.]
April 5, 2019 Filing 27 ANSWER to #1 Complaint,, , COUNTERCLAIM against Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc, Panion & BF Biotech, Inc. by Mylan Pharmaceuticals Inc..(O'Brien, William) [Transferred from West Virginia Northern on 8/1/2019.]
April 5, 2019 Opinion or Order Filing 26 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice for Wendy Devine. Signed by Senior Judge Irene M. Keeley on 4/5/201. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
April 5, 2019 Opinion or Order Filing 25 ORDER granting #19 Motion for Leave to Appear Pro Hac Vice for Anjali D. Deshmukh. Signed by Senior Judge Irene M. Keeley on 4/5/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
April 5, 2019 Opinion or Order Filing 24 ORDER granting #20 Motion for Leave to Appear Pro Hac Vice for Tung-On Kong. Signed by Senior Judge Irene M. Keeley on 4/5/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
April 5, 2019 Opinion or Order Filing 23 ORDER granting #21 Motion for Leave to Appear Pro Hac Vice for Dennis Gregory. Signed by Senior Judge Irene M. Keeley on 4/5/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
April 5, 2019 Filing 22 Pro Hac Vice Filing fee PAID as to Wendy Devine, Dennis Gregory, Tung-On Kong, and Anjali D. Deshmukh: $ 800.00, receipt number WVNC002561. (wrr) [Transferred from West Virginia Northern on 8/1/2019.]
April 4, 2019 Filing 21 MOTION for Leave to Appear Pro Hac Vice (Dennis Gregory) by Mylan Pharmaceuticals Inc.. (Attachments: #1 Text of Proposed Order)(O'Brien, William) [Transferred from West Virginia Northern on 8/1/2019.]
April 4, 2019 Filing 20 MOTION for Leave to Appear Pro Hac Vice (Tung-On Kong) by Mylan Pharmaceuticals Inc.. (Attachments: #1 Text of Proposed Order)(O'Brien, William) [Transferred from West Virginia Northern on 8/1/2019.]
April 4, 2019 Filing 19 MOTION for Leave to Appear Pro Hac Vice (Anjali D. Deshmukh) by Mylan Pharmaceuticals Inc.. (Attachments: #1 Text of Proposed Order)(O'Brien, William) [Transferred from West Virginia Northern on 8/1/2019.]
April 4, 2019 Filing 18 MOTION for Leave to Appear Pro Hac Vice (Wendy Devine) by Mylan Pharmaceuticals Inc.. (Attachments: #1 Text of Proposed Order)(O'Brien, William) [Transferred from West Virginia Northern on 8/1/2019.]
March 26, 2019 Opinion or Order Filing 17 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice for Emily R. Whelan. Signed by Senior Judge Irene M. Keeley on 3/26/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 26, 2019 Opinion or Order Filing 16 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice for Kevin S. Prussia. Signed by Senior Judge Irene M. Keeley on 3/26/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 26, 2019 Opinion or Order Filing 15 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice for Lisa J. Pirozzolo. Signed by Senior Judge Irene M. Keeley on 3/26/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 26, 2019 Opinion or Order Filing 14 ORDER granting #12 Motion for Leave to Appear Pro Hac Vice for Timothy A. Cook. Signed by Senior Judge Irene M. Keeley on 3/26/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 25, 2019 Filing 13 Pro Hac Vice Filing fee: $ 800.00, receipt number WVNC002550, for attorneys T. Cook, L. Pirozzolo, K. Prussia and E. Whelan. (jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 25, 2019 Filing 12 MOTION for Leave to Appear Pro Hac Vice of Timothy A. Cook by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc, Panion & BF Biotech, Inc.. (Higginbotham, Daniel) [Transferred from West Virginia Northern on 8/1/2019.]
March 25, 2019 Filing 11 MOTION for Leave to Appear Pro Hac Vice of Lisa J. Pirozzolo by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc, Panion & BF Biotech, Inc.. (Higginbotham, Daniel) [Transferred from West Virginia Northern on 8/1/2019.]
March 25, 2019 Filing 10 MOTION for Leave to Appear Pro Hac Vice of Kevin S. Prussia by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc, Panion & BF Biotech, Inc.. (Higginbotham, Daniel) [Transferred from West Virginia Northern on 8/1/2019.]
March 25, 2019 Filing 9 MOTION for Leave to Appear Pro Hac Vice of Emily R. Whelan by Chen Hsing Hsu, Keryx Biopharmaceuticals, Inc, Panion & BF Biotech, Inc.. (Higginbotham, Daniel) [Transferred from West Virginia Northern on 8/1/2019.]
March 22, 2019 Opinion or Order Filing 8 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 5/9/2019. Rule 26 Meeting Report due by 5/23/2019. Scheduling Conference set for 6/6/2019 11:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before Senior Judge Irene M. Keeley. Discovery due by 6/13/2019. Signed by Senior Judge Irene M. Keeley on 3/22/2019. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 20, 2019 Opinion or Order Filing 7 ORDER OF RECUSAL. Judge Kleeh deeming himself disqualified pursuant to 28 U.S.C. 455(a), ORDERS that the above-styled civil action be transferred to and placed on the docket of the Honorable Irene M. Keeley, United States District Judge. Signed by District Judge Thomas S. Kleeh on 3/20/2019. (jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 20, 2019 Filing 6 NOTICE of Appearance by Gordon H. Copland on behalf of Mylan Pharmaceuticals Inc. (Copland, Gordon) [Transferred from West Virginia Northern on 8/1/2019.]
March 15, 2019 Filing 4 REPORT to USPTO on the filing or determination of an action regarding re #1 Complaint. (jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 15, 2019 Filing 3 Corporate Disclosure Statement by Panion & BF Biotech, Inc. (jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 15, 2019 Filing 2 Corporate Disclosure Statement by Keryx Biopharmaceuticals, Inc identifying Corporate Parent Akebia Therapeutics, Inc. for Keryx Biopharmaceuticals, Inc.(jmm) [Transferred from West Virginia Northern on 8/1/2019.]
March 15, 2019 Filing 1 COMPLAINT against Mylan Pharmaceuticals Inc., filed by Keryx Biopharmaceuticals, Inc, Chen Hsing Hsu, Panion & BF Biotech, Inc. (Attachments: #1 Exhibit A Patent No. 706, #2 Exhibit B Patent No. 851, #3 Exhibit C Patent No. 423, #4 Exhibit D Patent No. 298, #5 Exhibit E Patent No. 642, #6 Exhibit F Patent No. 896, #7 Exhibit G Patent No. 257, #8 Exhibit H Patent No. 258, #9 Exhibit I Patent No. 976, #10 Exhibit J. Patent No. 349, #11 Exhibit K. Patent No. 316, #12 Exhibit L. Patent No. 133, #13 Exhibit M. Patent No. 191, #14 Exhibit N Patent No. 416, #15 Civil Cover Sheet)Filing Fee $400. Receipt #0424-2777229.(jmm) [Transferred from West Virginia Northern on 8/1/2019.]

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Search for this case: Keryx Biopharmaceuticals, Inc et al v. Mylan Pharmaceuticals Inc.
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Plaintiff: Panion & BF Biotech, Inc.
Represented By: Timothy A. Cook
Represented By: Gordon Lee Mowen, II
Represented By: Emily R. Whelan
Represented By: Daniel R. Higginbotham
Represented By: David B. Thomas
Represented By: Kevin S. Prussia
Represented By: Lisa J. Pirozzolo
Represented By: Anthony David Raucci
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Plaintiff: Keryx Biopharmaceuticals, Inc.
Represented By: Timothy A. Cook
Represented By: Gordon Lee Mowen, II
Represented By: Emily R. Whelan
Represented By: Daniel R. Higginbotham
Represented By: David B. Thomas
Represented By: Kevin S. Prussia
Represented By: Lisa J. Pirozzolo
Represented By: Anthony David Raucci
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Plaintiff: Chen Hsing Hsu
Represented By: Timothy A. Cook
Represented By: Gordon Lee Mowen, II
Represented By: Emily R. Whelan
Represented By: Daniel R. Higginbotham
Represented By: David B. Thomas
Represented By: Kevin S. Prussia
Represented By: Lisa J. Pirozzolo
Represented By: Anthony David Raucci
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Defendant: Mylan Pharmaceuticals Inc.
Represented By: Dennis Gregory
Represented By: Gordon H. Copland
Represented By: William J O'Brien
Represented By: Anjali D. Deshmukh
Represented By: Wendy L. Devine
Represented By: Tung-On Kong
Represented By: Yan-Xin Li
Represented By: Bindu Ann George Palapura
Represented By: David Ellis Moore
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