Merck Sharp & Dohme Corp. v. Apotex Inc. et al
Plaintiff: Merck Sharp & Dohme Corp.
Defendant: Apotex Corp. and Apotex Inc.
Case Number: 1:2020cv00749
Filed: June 3, 2020
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
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 July 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2020 Filing 15 NOTICE OF SERVICE of (1) Apotex's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1); and (2) Apotex's Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Apotex Corp., Apotex Inc..(Bilson, David)
July 31, 2020 Filing 14 NOTICE OF SERVICE of Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Merck Sharp & Dohme Corp..(Silver, Daniel)
July 28, 2020 Filing 13 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before August 11, 2020 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. When referencing the timing for mediation, counsel rely on certain events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert reports and the like, they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 7/28/20. (cak)
July 28, 2020 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)
July 27, 2020 Filing 12 NOTICE OF SERVICE of (1) Plaintiffs Initial Disclosures Identifying Defendants Accused Products and Plaintiffs Asserted Patents and (2) Plaintiffs Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure and Paragraph 3 of the Delaware Default Standard for Discovery filed by Merck Sharp & Dohme Corp..(Silver, Daniel)
July 27, 2020 Opinion or Order Filing 11 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/24/2020. Amended Pleadings due by 8/24/2020. Fact Discovery completed by 11/20/2020. A Pretrial Conference is set for 9/10/2021, at 9:00 AM in Courtroom 6A. A 3 day Bench Trial is set for 10/4/2021, at 8:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 7/27/2020. (nms)
July 24, 2020 Filing 10 PROPOSED Scheduling Order, by Merck Sharp & Dohme Corp.. (Silver, Daniel) Modified on 7/24/2020 (nms).
July 15, 2020 Filing 9 ANSWER to #7 Answer to Complaint, Counterclaim by Merck Sharp & Dohme Corp..(Silver, Daniel)
June 26, 2020 Filing 8 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Apotex Holdings Inc. for Apotex Corp.; Corporate Parent Apotex Pharmaceuticals Holdings, Inc. for Apotex Inc. filed by Apotex Corp., Apotex Inc.. (Phillips, John)
June 26, 2020 Filing 7 ANSWER to #1 Complaint, Affirmative Defenses, and COUNTERCLAIMS against Merck Sharp & Dohme Corp. by Apotex Corp., Apotex Inc..(Phillips, John) Modified on 6/26/2020 (nms).
June 12, 2020 Filing 6 DECLARATION of Service on Defendants Apotex Inc. and Apotex Corp. made on June 5, 2020, by Merck Sharp & Dohme Corp.. (Joyce, Alexandra) Modified on 6/12/2020 (nms).
June 10, 2020 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
June 4, 2020 No Summons Issued. (myr)
June 3, 2020 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Merck & Co., Inc. for Merck Sharp & Dohme Corp. filed by Merck Sharp & Dohme Corp.. (myr)
June 3, 2020 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,326,708. (myr)
June 3, 2020 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: No Earlier than May 6, 2020. Date of Expiration of Patent: November 24, 2026.Thirty Month Stay Deadline: No earlier than 11/6/2022. (myr)
June 3, 2020 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr)
June 3, 2020 Filing 1 COMPLAINT filed against Apotex Corp., Apotex Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-2970970.) - filed by Merck Sharp & Dohme Corp.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(myr)

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Defendant: Apotex Corp.
Represented By: John C. Phillips, Jr.
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Defendant: Apotex Inc.
Represented By: John C. Phillips, Jr.
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Plaintiff: Merck Sharp & Dohme Corp.
Represented By: Alexandra M. Joyce
Represented By: Daniel M. Silver
Represented By: Michael P. Kelly
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