Vertex Pharmaceuticals Incorporated v. Sun Pharmaceutical Industries Limited
Plaintiff: Vertex Pharmaceuticals Incorporated
Defendant: Sun Pharmaceutical Industries Limited
Case Number: 1:2020cv00988
Filed: July 24, 2020
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Referring Judge: Christopher J Burke
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2020 Filing 20 STIPULATION TO EXTEND TIME for the parties to submit a Protective Order to October 1, 2020 - filed by Vertex Pharmaceuticals Incorporated. (Blumenfeld, Jack)
September 16, 2020 Opinion or Order SO ORDERED D.I. #20 STIPULATION TO EXTEND TIME for the parties to submit a Protective Order to October 1, 2020 filed by Vertex Pharmaceuticals Incorporated. Ordered by Judge Christopher J. Burke on 9/16/2020. (dlb)
September 8, 2020 Filing 19 ANSWER to #7 Answer to Complaint and Counterclaims, by Vertex Pharmaceuticals Incorporated.(Blumenfeld, Jack) Modified on 9/8/2020 (nms).
September 4, 2020 Opinion or Order Filing 18 ORAL ORDER: The Court, having reviewed the case history in light of the September 3, 2020 referral, hereby ORDERS that the procedures for resolving a dispute relating to discovery or the protective order set out in the Scheduling Order, (D.I. 14 at 3), will be modified as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery or protective order matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order for Patent cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. For disputes relating to discovery, the moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute, and for disputes relating to protective orders, the parties shall file a Joint Motion for Teleconference to Resolve Protective Order Dispute. The suggested text for these motions can be found in the same Forms tab. The Court will thereafter set a discovery or protective order dispute telephone conference and letter briefing schedule. Ordered by Judge Christopher J. Burke on 9/4/2020. (dlb)
September 3, 2020 Opinion or Order Filing 17 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 9/3/2020. (ceg)
September 3, 2020 Opinion or Order Filing 16 ORAL ORDER: The case is now REFERRED to Magistrate Judge Christopher J. Burke for all purposes through the case dispositive motion deadline. Ordered by Judge Richard G. Andrews on 9/3/2020. (nms)
September 3, 2020 Opinion or Order Filing 15 ORAL ORDER: The Rule 16(b) Conference scheduled for 9/8/2020, is CANCELLED. Ordered by Judge Richard G. Andrews on 9/3/2020. (nms)
September 3, 2020 Opinion or Order Filing 14 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 6/8/2021. Amended Pleadings due by 6/8/2021. Discovery due by 12/10/2021. Joint Claim Construction Brief due by 6/1/2021. A Markman Hearing is set for 6/29/2021 at 9:00 AM. A Pretrial Conference is set for 10/7/2022, at 9:00 AM in Courtroom 6A. A 3 day Bench Trial is set to start 10/17/2022, at 8:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 9/3/2020. (nms)
September 3, 2020 Filing 13 PROPOSED Scheduling Order, by Vertex Pharmaceuticals Incorporated. (Attachments: #1 Letter)(Blumenfeld, Jack) Modified on 9/3/2020 (nms).
September 3, 2020 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 # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak)
September 1, 2020 Filing 12 Letter to The Honorable Richard G. Andrews, from Jack B. Blumenfeld, regarding dial-in for 9/8/2020, scheduling conference. (Blumenfeld, Jack) Modified on 9/2/2020 (nms).
August 24, 2020 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Dimitrios T. Drivas, Alison Hanstead, C. Sebastian Zonte, and Mila Owen of WHITE & CASE LLP - filed by Vertex Pharmaceuticals Incorporated. (Blumenfeld, Jack)
August 24, 2020 Opinion or Order SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Dimitrios T. Drivas, Alison Hanstead, C. Sebastian Zonte, and Mila Owen of WHITE & CASE LLP, filed by Vertex Pharmaceuticals Incorporated. Signed by Judge Richard G. Andrews on 8/24/2020. (nms)
August 19, 2020 Opinion or Order Filing 10 Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 9/8/2020, at 9:00 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 8/19/2020. (nms)
August 18, 2020 Pro Hac Vice Attorney Charles B. Klein for Sun Pharmaceutical Industries Limited 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)
August 18, 2020 Opinion or Order SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Charles B. Klein, Jovial Wong, Dan H. Hoang, and Gregory J. Winter, filed by Sun Pharmaceutical Industries Limited. Signed by Judge Richard G. Andrews on 8/18/2020. (nms)
August 18, 2020 Pro Hac Vice Attorney Dan H. Hoang for Sun Pharmaceutical Industries Limited 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)
August 18, 2020 Pro Hac Vice Attorney Jovial Wong for Sun Pharmaceutical Industries Limited 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)
August 17, 2020 Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Charles B. Klein, Jovial Wong, Dan H. Hoang, and Gregory J. Winter - filed by Sun Pharmaceutical Industries Limited. (Gattuso, Dominick)
August 17, 2020 Filing 8 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Sun Pharmaceutical Industries Limited. (Gattuso, Dominick)
August 17, 2020 Filing 7 ANSWER to #1 Complaint Affirmative Defenses and COUNTERCLAIMS against all Plaintiffs, by Sun Pharmaceutical Industries Limited.(Gattuso, Dominick) Modified on 8/18/2020 (nms).
July 29, 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)
July 28, 2020 Filing 6 AFFIDAVIT of Service for Summons, Complaint and Related Papers served on Sun Pharmaceutical Industries Limited on July 28, 2020, filed by Vertex Pharmaceuticals Incorporated. (Fahnestock, Derek)
July 27, 2020 Filing 5 Summonses Issued (please complete the top portion of the form and print out for use/service). (apk)
July 27, 2020 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Vertex Pharmaceuticals Incorporated. (apk)
July 27, 2020 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: June 11, 2020. Date of Expiration of Patent: August 13, 2029.Thirty Month Stay Deadline: 12/11/2022. (apk)
July 27, 2020 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
July 27, 2020 Filing 1 COMPLAINT filed against Sun Pharmaceutical Industries Limited - Magistrate Consent Notice to Pltf. - filed by Vertex Pharmaceuticals Incorporated. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(apk)

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Plaintiff: Vertex Pharmaceuticals Incorporated
Represented By: Derek James Fahnestock
Represented By: Jack B. Blumenfeld
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Defendant: Sun Pharmaceutical Industries Limited
Represented By: Dan H. Hoang
Represented By: Jovial Wong
Represented By: Dominick T. Gattuso
Represented By: Charles B. Klein
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