Allergan USA, Inc. et al v. Sun Pharmaceutical Industries Ltd.
| Allergan USA, Inc., Janssen Pharmaceutica NV, Allergan Holdings Unlimited Company and Allergan Pharmaceuticals International Limited |
| Sun Pharmaceutical Industries Ltd. |
| 1:2020cv01479 |
| October 29, 2020 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 |
| None |
Docket Report
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| Filing 19 NOTICE OF SERVICE of Plaintiffs' Initial Claim Charts Relating Each Accused Product to the Asserted Claims filed by Allergan Holdings Unlimited Company, Allergan USA, Inc., Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV.(Tigan, Jeremy) |
| Filing 18 STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to December 30, 2020 - filed by Allergan Holdings Unlimited Company, Allergan USA, Inc., Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV. (Tigan, Jeremy) |
SO ORDERED, re #18 STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to December 30, 2020. Signed by Judge Richard G. Andrews on 12/18/2020. (nms)
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| Filing 17 ANSWER to #8 Answer to Complaint, Counterclaim by Allergan Holdings Unlimited Company, Allergan USA, Inc., Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV.(Tigan, Jeremy) |
| Filing 16 NOTICE OF SERVICE of (i) Defendant Sun Pharmaceutical Industries Limited's Rule 26(a)(1) Initial Disclosures; and, (ii) Defendant Sun Pharmaceutical Industries Limited's Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Sun Pharmaceutical Industries Ltd..(Gattuso, Dominick) |
| Filing 15 NOTICE OF SERVICE of (1) Plaintiffs' Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1), (2) Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, and (3) Plaintiffs' Initial Paragraph 4(a) Disclosures filed by Allergan Holdings Unlimited Company, Allergan USA, Inc., Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV.(Tigan, Jeremy) |
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SO ORDERED, re #14 STIPULATION and Proposed Order extending submission of proposed protective order and Plaintiffs' initial infringement contentions. Signed by Judge Richard G. Andrews on 12/10/2020. (nms)
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| Filing 14 STIPULATION and Proposed Order - filed by Allergan Holdings Unlimited Company, Allergan USA, Inc., Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV. (Tigan, Jeremy) Modified on 12/10/2020 (nms). |
| 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 12/16/20 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 12/2/20. (cak) |
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Filing 12
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/12/2021. Fact Discovery completed by 5/14/2021. A Status Conference is set for 1/7/2022, at 9:00 AM in Courtroom 6A. Joint Claim Construction Brief due by 4/9/2021. A Markman Hearing is set for 5/5/2021, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 4/15/2022, at 9:00 AM in Courtroom 6A. A Bench Trial is set to start 5/2/2022, at 8:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 12/2/2020. (nms)
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| 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) |
| Filing 11 PROPOSED Scheduling Order, by Allergan Holdings Unlimited Company, Allergan USA, Inc., Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV. (Tigan, Jeremy) Modified on 12/1/2020 (nms). |
| Pro Hac Vice Attorney Gregory J. Winter for Sun Pharmaceutical Industries Ltd. 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) |
| Pro Hac Vice Attorney Charles B. Klein for Sun Pharmaceutical Industries Ltd. 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. (mal) |
| Pro Hac Vice Attorney Jovial Wong for Sun Pharmaceutical Industries Ltd. 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) |
| Pro Hac Vice Attorney Zachary B. Cohen for Sun Pharmaceutical Industries Ltd. 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) |
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Charles B. Klein, Jovial Wong, Zachary B. Cohen, and Gregory J. Winter, filed by Sun Pharmaceutical Industries Ltd.. Signed by Judge Richard G. Andrews on 11/24/2020. (nms)
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| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Charles B. Klein, Jovial Wong, Zachary B. Cohen, and Gregory J. Winter - filed by Sun Pharmaceutical Industries Ltd.. (Gattuso, Dominick) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Sun Pharmaceutical Industries Ltd.. (Gattuso, Dominick) |
| Filing 8 ANSWER to #1 Complaint, Affirmative Defenses, and COUNTERCLAIMS against all Plaintiffs, by Sun Pharmaceutical Industries Ltd..(Gattuso, Dominick) Modified on 11/24/2020 (nms). |
| Filing 7 SUMMONS Returned Executed by Allergan USA, Inc., Allergan Holdings Unlimited Company, Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV. Sun Pharmaceutical Industries Ltd. served on 11/2/2020, answer due 11/23/2020. (Tigan, Jeremy) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 6 Summonses Issued (please complete the top portion of the form and print out for use/service). (myr) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Johnson & Johnson for Janssen Pharmaceutica NV; Corporate Parent AbbVie, Inc. for Allergan Holdings Unlimited Company, Allergan Pharmaceuticals International Limited, Allergan USA, Inc. filed by Allergan Holdings Unlimited Company, Allergan USA, Inc., Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV. (myr) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,741,356 B2. (myr) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: October 12, 2020. Date of Expiration of Patent: May 27, 2029*. * Date may be extended by pediatric exclusivity.Thirty Month Stay Deadline: 4/12/2023. (myr) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Filing 1 COMPLAINT filed against Sun Pharmaceutical Industries Ltd. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3300589.) - filed by Allergan USA, Inc., Allergan Holdings Unlimited Company, Allergan Pharmaceuticals International Limited, Janssen Pharmaceutica NV. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(myr) |
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