Ferring Pharmaceuticals Inc. et al v. Fresenius Kabi USA, LLC et al
| Polypeptide Laboratories A/S, Ferring B.V., Ferring Pharmaceuticals Inc. and Ferring International Center S.A. |
| Fresenius Kabi USA, LLC and Fresenius Kabi AG |
| 1:2020cv00431 |
| March 26, 2020 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 |
| None |
Docket Report
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SO ORDERED re #14 STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendant's Motion to Dismiss or Sever Counts III-V of the Complaint to May 28, 2020 (Set Briefing Schedule: re #11 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - Answering Brief due 5/28/2020). ORDERED by Judge Maryellen Noreika on 5/21/2020. (dlw)
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Filing 14
STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendant's Motion to Dismiss or Sever Counts III-V of the Complaint to May 28, 2020 - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
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Filing 13
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 5/8/2020. (dlw)
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Filing 12
OPENING BRIEF in Support re #11 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Fresenius Kabi USA, LLC.Answering Brief/Response due date per Local Rules is 5/21/2020. (Farnan, Brian)
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Filing 11
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
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Pro Hac Vice Attorney Thomas A. Rammer, II, Joel M. Wallace, and Imron T. Aly for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam)
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Filing 10
MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Joel M. Wallace, and Thomas A. Rammer II - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
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SO ORDERED re #10 MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Joel M. Wallace, and Thomas A. Rammer II filed by Fresenius Kabi USA, LLC. ORDERED by Judge Maryellen Noreika on 5/5/2020. (dlw)
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Filing 9
SO ORDERED re #6 Stipulation and Order Dismissing without Prejudice Defendant Fresenius Kabi AG and Amending Caption to Reflect Same. Party Fresenius Kabi AG terminated. Signed by Judge Maryellen Noreika on 4/16/2020. (dlw)
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Filing 8
NOTICE of Appearance by Michael J. Farnan on behalf of Fresenius Kabi USA, LLC (Farnan, Michael)
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Filing 7
NOTICE of Appearance by Brian E. Farnan on behalf of Fresenius Kabi USA, LLC (Farnan, Brian)
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Filing 6
STIPULATION and Order Dismissing Without Prejudice Defendant Fresenius Kabi AG and Amending Caption to Reflect Same by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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No Summons Issued. (nmg)
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Filing 5
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ferring Holding S.A. for Ferring B.V., Ferring International Center S.A.; Corporate Parent PolyPeptide Laboratories BV for Polypeptide Laboratories A/S; Corporate Parent Ferring Holding Inc., Corporate Parent Ferring B.V. for Ferring Pharmaceuticals Inc. filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (nmg)
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Filing 4
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,579,359; US 9,415,085; US 8,841,081; US 9,877,999; US 8,828,938. (nmg)
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Filing 3
Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 2/12/2020. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 8/12/2022. (nmg)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
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Filing 1
COMPLAINT for PATENT INFRINGEMENT filed against Fresenius Kabi AG, Fresenius Kabi USA, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2886897.) - filed by Ferring Pharmaceuticals Inc., Ferring International Center S.A., Ferring B.V., Polypeptide Laboratories A/S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(nmg)
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