Astellas Pharma Inc. et al v. Sandoz Inc. et al
Plaintiff: Astellas Pharma Inc., Astellas Ireland Co., Ltd. and Astellas Pharma Global Development, Inc.
Defendant: Sawai Pharmaceutical Co., Ltd., Cadila Healthcare Ltd. doing business as Zydus Cadila, Apotex Inc., Actavis Elizabeth LLC, Windlas Biotech Ltd., Teva Pharmaceuticals USA, Inc., Actavis LLC, Lupin Ltd., Huahai US Inc., Aurobindo Pharma Ltd., Zydus Pharmaceuticals (USA), Inc., Windlas Healthcare, Pvt. Ltd., Sawai USA, Inc., Apotex Corp., Solco Healthcare US, LLC, Aurolife Pharma LLC, Prinston Pharmaceutical Inc., Lupin Pharmaceuticals, Inc., Aurobindo Pharma USA, Inc., Sandoz Inc., Zhejiang Huahai Pharmaceutical Co., Ltd., Zydus Lifesciences Limited doing business as Zydus Cadila, Strides Pharma Science Limited, Solara Active Pharma Sciences Limited, Lek Pharmaceuticals D.D. and Alkem Laboratories Ltd.
Case Number: 1:2020cv01589
Filed: November 24, 2020
Court: US District Court for the District of Delaware
Presiding Judge: Joseph F Bataillon
Referring Judge: Christopher J Burke
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on October 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2023 Filing 582 NOTICE requesting Clerk to remove Smitha B. Uthaman as co-counsel.. (Kraman, Pilar)
July 6, 2023 Opinion or Order Filing 581 STIPULATION AND ORDER regarding D.I. #578 . Signed by Judge Joseph F. Bataillon on 7/6/2023. (apk) (Main Document 581 replaced on 7/6/2023) (apk).
July 5, 2023 Filing 580 REDACTED VERSION of #557 POST Trial Brief Defendants' Reply Post-Trial Brief by Sandoz Inc.. (Gattuso, Dominick)
July 5, 2023 Filing 579 AMENDED DOCUMENT by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Amendment to #574 Notice of Appeal (Federal Circuit) . (Silver, Daniel)
June 30, 2023 Filing 578 STIPULATION and [Proposed] Order Regarding Motion for Attorneys' Fees and Related Costs by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
June 27, 2023 Opinion or Order Filing 577 ORDER, The Court notes this matter is currently on appeal to the Federal Circuit. To the extent this Court has any jurisdiction to supplement its earlier ruling, this order supplements the Court's prior ruling, D.I. #571 , otherwise the Defendant's motion, D.I. #576 , is denied (See Order for Further Details). Signed by Judge Joseph F. Bataillon on 6/27/2023. (apk)
June 22, 2023 Filing 576 MOTION Defendants' Motion Pursuant to Fed. R. Civ. P. 52(b) for Additional Findings in Support of Court's Judgment in Favor of Defendants re #572 Judgment - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. Motions referred to Christopher J. Burke.(Kraman, Pilar)
June 16, 2023 Filing 575 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re #574 Notice of Appeal (Federal Circuit) filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. USCA Case Number 23-2032. (smg)
June 13, 2023 Notification regarding #574 Notice of Appeal (Federal Circuit) sent to Reporter Hawkins. (twk)
June 13, 2023 Notification regarding #574 Notice of Appeal (Federal Circuit) sent to Reporter Warner. (twk)
June 13, 2023 Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re #574 Notice of Appeal (Federal Circuit). (twk)
June 12, 2023 Filing 574 NOTICE OF APPEAL to the Federal Circuit of #572 Judgment, #571 Memorandum and Order, . Appeal filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
June 12, 2023 APPEAL - Credit Card Payment received re #574 Notice of Appeal (Federal Circuit) filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.. ( Filing fee $505, receipt number ADEDC-4156943.) (Silver, Daniel)
June 9, 2023 Filing 573 Final Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,842,780. (twk)
June 9, 2023 Filing 572 JUDGMENT. (CASE CLOSED). Signed by Judge Joseph F. Bataillon on 6/9/2023. Associated Cases: 1:20-cv-01589-JFB-CJB, 1:21-cv-00425-JFB-CJB, 1:21-cv-00664-JFB-CJB(twk)
June 9, 2023 Opinion or Order Filing 571 MEMORANDUM AND ORDER, claims 5, 20, and 25 of U.S. Patent No. 10,842,780 are invalid. All pending motions are denied as moot. (See Order for further details). Signed by Judge Joseph F. Bataillon on 6/9/2023. Associated Cases: 1:20-cv-01589-JFB-CJB, 1:21-cv-00425-JFB-CJB, 1:21-cv-00664-JFB-CJB(twk)
May 19, 2023 Filing 570 STATEMENT re #569 Notice (Other) Plaintiffs' Response to Defendants' Notice of Supplemental Authority by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
May 19, 2023 Filing 569 NOTICE of Supplemental Authority by Sandoz Inc. (Attachments: #1 Exhibit 1)(Gattuso, Dominick)
May 5, 2023 Filing 568 Unopposed MOTION to Seal Trial Exhibits - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)Motions referred to Christopher J. Burke.(Haney, Megan)
May 5, 2023 Filing 567 REDACTED VERSION of #565 Exhibit to a Document, by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6)(Phillips, John)
May 3, 2023 Filing 566 REDACTED VERSION of #558 Notice (Other), by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Pt. 2 of 5, #2 Pt. 3 of 5, #3 Pt. 4 of 5, #4 Pt. 5 of 5)(Silver, Daniel)
April 28, 2023 Filing 565 [SEALED] EXHIBIT re #564 MOTION to Redact #526 Transcript,, #530 Transcript,, #527 Transcript,, Defendants' Unopposed Motion to Seal and Redact Portions of the Trial Transcripts by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6)(Haney, Megan)
April 28, 2023 Filing 564 MOTION to Redact #526 Transcript,, #530 Transcript,, #527 Transcript,, Defendants' Unopposed Motion to Seal and Redact Portions of the Trial Transcripts - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12)Motions referred to Christopher J. Burke.(Haney, Megan)
April 19, 2023 Filing 563 REDACTED VERSION of #556 POST Trial Brief by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
April 19, 2023 Filing 562 STIPULATION TO EXTEND TIME the deadline for Astellas to submit a redacted public version of its Notice of Lodging of Trial Demonstratives to May 3, 2023 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
April 13, 2023 Filing 561 STIPULATION TO EXTEND TIME to submit a motion to redact the bench trial transcripts (D.I. Nos. 526-530) to April 28, 2023 - filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc.. (Russell, Andrew)
April 12, 2023 Filing 560 STIPULATION TO EXTEND TIME to file redacted versions of the Post Trial Reply Briefs (D.I. 556 and D.I. 557) to April 19, 2023 - filed by Sandoz Inc.. (Gattuso, Dominick)
April 12, 2023 Filing 559 REDACTED VERSION of #553 Notice (Other), by Sandoz Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Certificate of Service)(Gattuso, Dominick)
April 12, 2023 Filing 558 [SEALED] NOTICE of Lodging of Trial Demonstratives by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Certificate of Service)(Joyce, Alexandra)
April 5, 2023 Filing 557 [SEALED] POST TRIAL BRIEF Defendants' Reply Post-Trial Brief by Sandoz Inc.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
April 5, 2023 Filing 556 [SEALED] POST TRIAL BRIEF [REPLY] by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certificate of Service)(Silver, Daniel)
April 5, 2023 Filing 555 REDACTED VERSION of #544 Proposed Findings of Fact by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
April 5, 2023 Filing 554 REDACTED VERSION of #543 POST Trial Brief by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
April 5, 2023 Filing 553 [SEALED] NOTICE of Defendants' Notice of Lodging of Trial Demonstratives by Sandoz Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Certificate of Service)(Gattuso, Dominick)
April 5, 2023 Filing 552 REDACTED VERSION of #542 Proposed Findings of Fact by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
April 5, 2023 Filing 551 REDACTED VERSION of #541 POST Trial Brief by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
April 4, 2023 Opinion or Order Filing 550 ORDER, given the parties' inquiry, D.I. #548 , #549 , the Court will accept reply briefs. Signed by Judge Joseph F. Bataillon on 4/4/2023. (twk)
March 31, 2023 Filing 549 Letter to The Honorable Joseph F. Bataillon from Dominick T. Gattuso, Esquire regarding post trial reply briefs - re #524 Stipulation. (Attachments: #1 Exhibit A)(Gattuso, Dominick)
March 31, 2023 Filing 548 Letter to The Honorable Joseph F. Bataillon from Daniel M. Silver, Esq. regarding Post-Trial Briefing. (Silver, Daniel)
March 31, 2023 Opinion or Order Filing 547 STIPULATION AND ORDER regarding D.I. #546 (Notice of Compliance deadline set for 4/14/2023.) Signed by Judge Joseph F. Bataillon on 03/31/2023. (apk)
March 30, 2023 Filing 546 STIPULATION TO EXTEND TIME the parties' deadline to submit a motion to redact the bench trial transcripts (D.I. Nos. 526-530) to April 14, 2023 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
March 30, 2023 Filing 545 CERTIFICATE OF SERVICE of (1) Astellas' SEALED Rebuttal Post-Trial Brief and (2) Astellas' SEALED Proposed Findings of Fact on the Validity of U.S. Patent No. 10,842,780 by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. re #541 POST Trial Brief, #542 Proposed Findings of Fact (Silver, Daniel)
March 29, 2023 Filing 544 [SEALED] Proposed Findings of Fact by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
March 29, 2023 Filing 543 [SEALED] POST TRIAL BRIEF Defendants' Responsive Post-Trial Brief by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
March 29, 2023 Filing 542 [SEALED] Proposed Findings of Fact by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
March 29, 2023 Filing 541 [SEALED] POST TRIAL BRIEF [REBUTTAL] by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
March 24, 2023 Opinion or Order Filing 540 SO ORDERED, re #539 STIPULATION and [Proposed] Order to Amend Post-Trial Briefing Schedule. Signed by Judge Joseph F. Bataillon on 3/24/2023. (twk)
March 22, 2023 Filing 539 STIPULATION and [Proposed] Order to Amend Post-Trial Briefing Schedule by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
March 22, 2023 Filing 538 REDACTED VERSION of #534 POST Trial Brief by Sandoz Inc.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
March 22, 2023 Filing 537 REDACTED VERSION of #533 Proposed Findings of Fact by Sandoz Inc.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
March 22, 2023 Filing 536 REDACTED VERSION of #532 Proposed Findings of Fact by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
March 22, 2023 Filing 535 REDACTED VERSION of #531 POST Trial Brief by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
March 15, 2023 Filing 534 [SEALED] POST TRIAL BRIEF Defendants' Opening Post-Trial Brief by Sandoz Inc.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
March 15, 2023 Filing 533 [SEALED] Proposed Findings of Fact by Sandoz Inc.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
March 15, 2023 Filing 532 [SEALED] Proposed Findings of Fact by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certificate of Service)(Silver, Daniel)
March 15, 2023 Filing 531 [SEALED] POST TRIAL BRIEF [Opening] by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certificate of Service)(Silver, Daniel)
March 10, 2023 Filing 530 Official Transcript of b held on 02/10/2023 before Judge Joseph T. Bataillon. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (dh)
March 10, 2023 Filing 529 Official Transcript of Bench Trial held on 02/09/2023 before Judge Joseph T. Bataillon. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (dh)
March 10, 2023 Filing 528 Official Transcript of Bench Trial held on 02/08/2023 before Judge Joseph T. Bataillon. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (dh)
March 10, 2023 Filing 527 Official Transcript of Bench Trial held on 02/07/2023 before Judge Joseph T. Bataillon. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (dh)
March 10, 2023 Filing 526 Official Transcript of Bench Trial held on 02/06/2023 before Judge Joseph T. Bataillon. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (dh)
February 28, 2023 Opinion or Order Filing 525 SO ORDERED, re #524 STIPULATION and [Proposed] Order Regarding Post-Trial Briefing Format and Schedule. Signed by Judge Joseph F. Bataillon on 2/27/2023. (twk)
February 24, 2023 Filing 524 STIPULATION and [Proposed] Order Regarding Post-Trial Briefing Format and Schedule by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
February 22, 2023 CORRECTING ENTRY: Exhibit 2.4 has been added to the docket entry at D.I. 523 at the request of the filer. (dlb)
February 21, 2023 Filing 523 REDACTED VERSION of #495 Proposed Pretrial Order,, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2.1, #3 Exhibit 2.2, #4 Exhibit 2.3, #5 Exhibit 2.5, #6 Exhibit 2.6, #7 Exhibit 3.1, #8 Exhibit 3.2, #9 Exhibit 4.1, #10 Exhibit 4.2, #11 Exhibit 5.1, #12 Exhibit 5.2, #13 Exhibit 6, #14 Exhibit 6.1, #15 Exhibit 6.2, #16 Exhibit 7, #17 Exhibit 8)(Joyce, Alexandra) (Additional attachment(s) added on 2/22/2023: #18 Exhibit 2.4) (dlb).
February 17, 2023 Opinion or Order SO ORDERED D.I. #522 STIPULATION TO EXTEND TIME the Deadline to File a Public Redacted Version of the Joint Proposed Pretrial Order to February 21, 2023 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 2/17/2023. (dlb)
February 15, 2023 Filing 522 STIPULATION TO EXTEND TIME the Deadline to File a Public Redacted Version of the Joint Proposed Pretrial Order to February 21, 2023 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
February 10, 2023 Minute Entry for the Final Day of a Bench Trial held before Judge Joseph F. Bataillon - Bench Trial completed on 2/10/2023. (Court Reporter Dale Hawkins.) (apk)
February 9, 2023 Minute Entry for Day 4 of a Bench Trial held before Judge Joseph F. Bataillon - Bench Trial held on 2/9/2023. (Court Reporter Dale Hawkins.) (apk)
February 8, 2023 Minute Entry for Day 3 of a Bench Trial held before Judge Joseph F. Bataillon - Bench Trial held on 2/8/2023. (Court Reporter Dale Hawkins.) (apk)
February 7, 2023 Opinion or Order Filing 521 ORDER: All claims asserted by Plaintiffs against Sawai and all counterclaims asserted by Sawai against Plaintiffs are hereby dismissed without prejudice, and further, that all defenses to such claims and counterclaims are hereby dismissed without prejudice. All parties shall bear their own costs, disbursements and attorneys' fees. Signed by Judge Joseph F. Bataillon on 02/07/2023. (smg)
February 7, 2023 Minute Entry for Day 2 of a Bench Trial held before Judge Joseph F. Bataillon - Bench Trial held on 2/7/2023. (Court Reporter Dale Hawkins.) (apk)
February 6, 2023 Filing 520 STIPULATION of Dismissal Without Prejudice as to Defendants Sawai Pharmaceutical Co., Ltd. and Sawai USA, Inc. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
February 6, 2023 Minute Entry for Day 1 of a Bench Trial held before Judge Joseph F. Bataillon - Bench Trial held on 2/6/2023. (Court Reporter Dale Hawkins.) (apk)
February 4, 2023 Filing 519 Amended EXHIBIT re #495 Proposed Pretrial Order,, Amended Pretrial Order Exhibit 6.2 - Defendants' Trial Exhibit List by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
February 4, 2023 Filing 518 [SEALED] AMENDED DOCUMENT by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Exhibit 6.1 to Pretrial Order - Plaintiffs' Exhibit List. (Attachments: #1 Certificate of Service)(Joyce, Alexandra)
February 3, 2023 Filing 517 REDACTED VERSION of #512 Stipulation by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan)
February 3, 2023 Opinion or Order SO ORDERED D.I. #513 Stipulation Narrowing of Issues in Dispute filed by Zydus Pharmaceuticals (USA), Inc., Zydus Lifesciences Limited. Ordered by Judge Christopher J. Burke on 2/3/2023. (dlb)
February 3, 2023 Opinion or Order SO ORDERED D.I. #512 Stipulation Narrowing of Issues in Dispute filed by Lupin Ltd., Lupin Pharmaceuticals, Inc. Ordered by Judge Christopher J. Burke on 2/3/2023. (dlb)
February 3, 2023 Opinion or Order SO ORDERED D.I. #511 Stipulation Narrowing of Issues in Dispute filed by Sawai USA, Inc. Ordered by Judge Christopher J. Burke on 2/3/2023. (dlb)
February 2, 2023 Filing 516 REDACTED VERSION of #513 Stipulation by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
February 2, 2023 Opinion or Order Filing 515 ORAL ORDER: The Court, having reviewed Plaintiffs' request regarding its opening statement, (D.I. 509), and having consulted with the District Judge, hereby ORDERS that the request is GRANTED.. Ordered by Judge Christopher J. Burke on 2/2/2023. (dlb)
February 2, 2023 Filing 514 REDACTED VERSION of #511 Stipulation Narrowing Issues in Dispute by Sawai USA, Inc.. (Gattuso, Dominick)
February 2, 2023 Filing 513 [SEALED] STIPULATION and [Proposed] Order Narrowing Issues in Dispute by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
February 2, 2023 Filing 512 [SEALED] STIPULATION and [Proposed] Order Narrowing Issues in Dispute by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan)
February 2, 2023 Filing 511 [SEALED] STIPULATION Narrowing of Issues in Dispute by Sawai USA, Inc.. (Gattuso, Dominick)
February 2, 2023 Filing 510 Letter to The Honorable Joseph F. Bataillon from Daniel M. Silver, Esq. regarding Plaintiff's Trial Exhibits and Joint Trial Exhibits. (Silver, Daniel)
February 2, 2023 Filing 509 Letter to The Honorable Joseph F. Bataillon & The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding TIME SENSITIVE Development concerning trial. (Silver, Daniel)
February 2, 2023 Filing 508 Letter to The Honorable Joseph F. Bataillon from Pilar G. Kraman regarding Defendants' trial exhibits. (Kraman, Pilar)
February 2, 2023 Opinion or Order SO ORDERED D.I. #507 Stipulation TO EXTEND TIME to file a public redacted version of the Joint Proposed Pretrial Order (D.I. 495) to February 15, 2023 filed by Lek Pharmaceuticals D.D., Sandoz Inc. Ordered by Judge Christopher J. Burke on 2/2/2023. (dlb)
February 2, 2023 Opinion or Order SO ORDERED D.I. #506 Stipulation Narrowing of Issues in Dispute filed by Lek Pharmaceuticals D.D., Sandoz Inc.. Ordered by Judge Christopher J. Burke on 2/2/2023. (dlb)
February 2, 2023 Opinion or Order SO ORDERED D.I. #505 Stipulation Narrowing Issues In Dispute filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.. Ordered by Judge Christopher J. Burke on 2/2/2023. (dlb)
February 1, 2023 Filing 507 STIPULATION TO EXTEND TIME to file a public redacted version of the Joint Proposed Pretrial Order (D.I. 495) to February 15, 2023 - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan)
February 1, 2023 Filing 506 STIPULATION Narrowing of Issues in Dispute by Lek Pharmaceuticals D.D., Sandoz Inc.. (Gattuso, Dominick)
February 1, 2023 Filing 505 STIPULATION and [Proposed] Order Narrowing Issues In Dispute by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
January 31, 2023 Pro Hac Vice Attorney Kyle Sorenson for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., and Astellas Pharma 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. (mpb)
January 30, 2023 Opinion or Order Filing 504 [SEALED] MEMORANDUM ORDER. Signed by Judge Christopher J. Burke on 1/30/2023.This order has been emailed to local counsel. (dlb)
January 30, 2023 Opinion or Order Filing 503 ORAL ORDER: The Court, having reviewed the parties' Joint Letter, (D.I. 502), in which the parties requested that the Court provide the total number of trial hours, hereby ORDERS that the parties will have 35 total trial hours, split equally between the sides. This will include the time for opening statements, as the District Judge would like each side to make an opening statement (the length of which is up to each side). Ordered by Judge Christopher J. Burke on 1/30/2023. (dlb)
January 30, 2023 Filing 502 Joint Letter to The Honorable Joseph F. Bataillon and the Honorable Christopher J. Burke from Pilar G. Kraman regarding remaining pretrial disputes - re Pretrial Conference - Final,,. (Kraman, Pilar)
January 30, 2023 Opinion or Order SO ORDERED D.I. #500 MOTION for Pro Hac Vice Appearance of Attorney Kyle Sorenson filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/30/2023. (dlb)
January 27, 2023 Opinion or Order Filing 501 ORAL ORDER: The Court, having reviewed the parties' briefing on Defendants' Motion in Limine No. 1 (the "First MIL"), (D.I. 495, ex. 8 at ECF pgs. 3-7, 129-33, 154-56), and Motion in Limine No. 2 (the "Second MIL"), (id. at ECF pgs. 164-68, 778-82, 800-02) (collectively, the "Motions"), hereby DENIES the Motions for the following reasons: (1) With respect to the First MIL, via which Defendants seek to preclude the testimony of Plaintiffs' expert Dr. Steven Weisman, the Scheduling Order in this case provided that "[n]o Daubert motions or motions to strike expert testimony shall be filed unless discussed with the [C]ourt at [the status conference regarding expert discovery] and the [C]ourt deems a motion practice appropriate." (D.I. 88 at para. (8)(g)(iii)) The First MIL is in fact a Daubert motion, dressed up to look like a motion in limine. (D.I. 495, ex. 8 at ECF pg. 132) The Court so concludes because: (1) the motion seeks to exclude the entirety of an experts testimony on the grounds that he is not "qualified" to provide it and that it does not fit (i.e., it is not sufficiently "tied" to) the issues in this case; (2) it repeatedly references Federal Rule of Evidence 702, Daubert and the standards set out therein; and (3) it cites to caselaw that implements Daubert. (Id. at ECF pgs. 4-6) Pursuant to the SO, Defendants should have raised this issue at the December 22, 2022 status conference and first sought permission to bring this argument (which, in turn, would have allowed the Court to determine whether the motion warranted briefing and, if so, provide for a more fulsome briefing process). Since they did not do so, the Court concludes that they have waived the right to raise the First MIL.; (2) Similarly, with respect to the Second MIL, which seeks to preclude Plaintiffs from using certain modeling at trial done by their expert Dr. Ronald Thisted, (id. at ECF pgs. 164-68), this is really a stealth motion to strike. The Second MIL clearly seeks relief premised on Federal Rule of Civil Procedure 37(c)(1)on the grounds that certain information was untimely disclosedand it relies on cases implementing that Rule. (Id.) Again, pursuant to the Scheduling Order, Defendants should have raised the issues underlying the Second MIL during the December 22, 2022 status conference. Their failure to do so is rendered even more impactful by the reality that the Second MIL also implicates the Pennypack factors, a few of which focus on the extent to which a late disclosure would "disrupt the orderly and efficient trial of the case" and the "ability of the party to cure the prejudice[.]" Meyers v. Pennypack Woods Home Ownership Assn, 559 F.2d 894, 904-05 (3d Cir. 1977). By waiting to raise this issue until the eleventh hour as a motion in limine, Defendants have essentially run out the clock on these Pennypack factors, which the Court cannot countenance. Had the issue been raised at the status conference, the Pennypack analysis (were it required) may have looked quite different. Ordered by Judge Christopher J. Burke on 1/27/2023. (dlb)
January 26, 2023 Filing 500 MOTION for Pro Hac Vice Appearance of Attorney Kyle Sorenson - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Joyce, Alexandra)
January 26, 2023 Minute Entry for proceedings held before Judge Christopher J. Burke - Final Pretrial Conference held on 1/26/2023. The Court reviewed the Proposed Pretrial Order and discussed issues relating to the upcoming trial with the parties. The parties shall file a joint letter on any remaining issues by 12:00 p.m. on January 30, 2023. The Court took the motions in limine under advisement. (Clerk: S. Simonetti) Appearances: D. Silver, S. Roberts, J. Leonard, S. Hash for Plaintiffs; D. Gattuso, W. Rakoczy for Sandoz Defendants; D. Gattuso, B. Sodikoff for Sawai Defendants, P. Kraman, D. Abramowitz, E. Savas, A. Stombaugh for Zydus Defendants; M. Haney, B. Zimmerman, A. Cheek for Lupin Defendants. (Court Reporter Deanna Warner) (dlb)
January 25, 2023 Filing 499 Amended EXHIBIT re #495 Proposed Pretrial Order,, Amended Exhibit 3.2 by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
January 25, 2023 Filing 498 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Parties' Resolution of Certain Issues for January 26, 2023 Pretrial Conference. (Silver, Daniel)
January 25, 2023 Opinion or Order SO ORDERED D.I. #497 STIPULATION TO EXTEND TIME the Deadline to File a Public Redacted Version of the Joint Proposed Pretrial Order to February 1, 2023 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/25/2023. (dlb)
January 24, 2023 Filing 497 STIPULATION TO EXTEND TIME the Deadline to File a Public Redacted Version of the Joint Proposed Pretrial Order to February 1, 2023 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
January 23, 2023 Filing 496 NOTICE requesting Clerk to remove Christopher M. Bruno as co-counsel.. (Joyce, Alexandra)
January 18, 2023 Opinion or Order SO ORDERED D.I. #494 MOTION for Pro Hac Vice Appearance of Attorney Matthew S. Friedrichs and Brianne M. Kingery filed by Lupin Ltd., Lupin Pharmaceuticals, Inc., and D.I. #493 MOTION for Pro Hac Vice Appearance of Attorney Paul W. Hughes and Alexander T. Piala filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/18/2023. (dlb)
January 17, 2023 Filing 495 [SEALED] Proposed Pretrial Order by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2.1, #3 Exhibit 2.2, #4 Exhibit 2.3, #5 Exhibit 2.4, #6 Exhibit 2.5, #7 Exhibit 2.6, #8 Exhibit 3.1, #9 Exhibit 3.2, #10 Exhibit 4.1, #11 Exhibit 4.2, #12 Exhibit 5.1, #13 Exhibit 5.2, #14 Exhibit 6, #15 Exhibit 6.1, #16 Exhibit 6.2, #17 Exhibit 7, #18 Exhibit 8)(Joyce, Alexandra)
January 13, 2023 Filing 494 MOTION for Pro Hac Vice Appearance of Attorney Matthew S. Friedrichs and Brianne M. Kingery - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: #1 Certification of Matthew S. Friedrichs, #2 Certification of Brianne M. Kingery)Motions referred to Christopher J. Burke.(Haney, Megan)
January 13, 2023 Filing 493 MOTION for Pro Hac Vice Appearance of Attorney Paul W. Hughes and Alexander T. Piala - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certifications for Paul W. Hughes and Alexander T. Piala)Motions referred to Christopher J. Burke.(Joyce, Alexandra)
January 13, 2023 Opinion or Order SO ORDERED D.I. #492 STIPULATION TO EXTEND TIME to (1) Meet and Confer on the Pretrial Order; (2) File the Joint Proposed Pretrial Order; and (3) Exchange Trial Exhibits to (*See Stipulation for Details) STIPULATION TO EXTEND TIME to (1) Meet and Confer on the Pretrial Order; (2) File the Joint Proposed Pretrial Order; and (3) Exchange Trial Exhibits to (*See Stipulation for Details) filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/13/2023. (dlb)
January 12, 2023 Filing 492 STIPULATION TO EXTEND TIME to (1) Meet and Confer on the Pretrial Order; (2) File the Joint Proposed Pretrial Order; and (3) Exchange Trial Exhibits to (*See Stipulation for Details) - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
January 6, 2023 Filing 491 NOTICE of [DEFENDANTS' NOTICE OF PRIOR ART UNDER 35 U.S.C. 282] by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc. (Kraman, Pilar)
January 3, 2023 Filing 490 NOTICE to Take Deposition of Steven R. Little, Ph.D. on January 18, 2023 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
January 3, 2023 Opinion or Order SO ORDERED D.I. #489 STIPULATION TO EXTEND TIME the parties to exchange objections to exhibit lists to January 4, 2023 filed by Sandoz Inc. Ordered by Judge Christopher J. Burke on 1/3/2023. (dlb)
December 30, 2022 Filing 489 STIPULATION TO EXTEND TIME the parties to exchange objections to exhibit lists to January 4, 2023 - filed by Sandoz Inc.. (Gattuso, Dominick)
December 27, 2022 Filing 488 NOTICE OF SERVICE of Second Supplemental Expert Report of Graham Buckton, Ph.D. filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
December 23, 2022 Opinion or Order Filing 487 ORAL ORDER: The case management order dated November 25, 2020, D.I. 6, is amended. Motions in limine filed prior to the pretrial conference are referred to Magistrate Judge Burke. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 12/23/22. (Brunswick, Amy)
December 23, 2022 Filing 486 NOTICE OF SERVICE of Second Supplemental Expert Report of Reza Fassihi, Ph.D., Regarding Noninfringement of U.S. Patent No. 10,842,780 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 22, 2022 Opinion or Order Filing 485 ORAL ORDER: The Court, having confirmed the availability of all of the parties, ORDERS that the pretrial conference will now be held on January 26, 2023 at 11:00 a.m. Ordered by Judge Christopher J. Burke on 12/22/2022. (dlb)
December 22, 2022 Opinion or Order Filing 484 ORAL ORDER: During today's status conference, the Court DENIED Plaintiffs' request to alter the case schedule, with the exception that the Court will permit Plaintiffs, if needed, to file a supplemental letter brief, of no more than two single-spaced pages, regarding the "other evidence" motion in limine by no later than January 23, 2023. Additionally, pending confirmation from Defendant Sawai, the Court is prepared to move the pretrial conference to January 26, 2023 at 11:00 a.m. in Courtroom 2A. As for the remaining issues, the Court reserved decision on Defendants request that Plaintiffs be required to further narrow the number of asserted claims, and the Court agreed to the parties' joint request as to certain dates for expert depositions, the deadline for filing of supplemental expert reports, and the page limits for the other evidence motion in limine briefing. Ordered by Judge Christopher J. Burke on 12/22/2022. (dlb)
December 22, 2022 Minute Entry for proceedings held before Judge Christopher J. Burke - Status Conference held before Judge Christopher J. Burke on 12/22/22. The Court heard arguments regarding the parties' outstanding issues. (D.I. 483) The oral order issued this same day shall serve as the substance of the Court's decisions. (Clerk: S. Simonetti) Appearances: A. Joyce, J. Leonard, S. Roberts for Plaintiffs; M. Haney, B. Zimmerman for Defendant Lupin; D. Gattuso, W. Rakoczy for Defendant Sandoz; D. Gattuso for Defendant Sawai; D. Abramowitz, C. Blessing, P. Kraman for Defendant Zydus. (Court Reporter Deanna Warner) (dlb)
December 21, 2022 Filing 483 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Outstanding Issues - re 482 Oral Order,. (Attachments: #1 Exhibit A)(Joyce, Alexandra)
December 20, 2022 Opinion or Order Filing 482 ORAL ORDER: With regard to the status conference scheduled for December 22, 2022 at 10:00 a.m., by no later than close of business on December 21, 2022, the parties shall submit a joint letter of no more than two single-spaced pages advising the Court of the subjects that they intend to discuss at the conference. Ordered by Judge Christopher J. Burke on 12/20/2022. (mlc)
December 19, 2022 Filing 481 Amended NOTICE of Deposition of Leon Shargel, Ph.D., R.Ph. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Joyce, Alexandra)
December 19, 2022 Filing 480 Amended NOTICE of Deposition of Reza Fassihi, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Joyce, Alexandra)
December 19, 2022 Filing 479 Amended NOTICE of Deposition of Graham Buckton, Ph.D. D.Sc. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Joyce, Alexandra)
December 19, 2022 Opinion or Order Filing 478 SO ORDERED, re #470 Stipulation of Dismissal filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Signed by Judge Joseph F. Bataillon on 12/19/2022. (twk)
December 19, 2022 Pro Hac Vice Attorney Jonathan B. Turpin for Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), 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. (twk)
December 16, 2022 Opinion or Order SO ORDERED D.I. #475 MOTION for Pro Hac Vice Appearance of Attorney Jonathan B. Turpin filed by Zydus Pharmaceuticals (USA), Inc., Zydus Lifesciences Limited, #476 MOTION for Pro Hac Vice Appearance of Attorney Steven J. Birkos of Rakoczy Molino Mazzochi Siwik LLP filed by Sandoz Inc. Ordered by Judge Christopher J. Burke on 12/16/2022. (dlb)
December 15, 2022 Filing 477 NOTICE of Request for Clerk to Terminate ECF Noticing by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd. (Weinblatt, Richard)
December 15, 2022 Filing 476 MOTION for Pro Hac Vice Appearance of Attorney Steven J. Birkos of Rakoczy Molino Mazzochi Siwik LLP - filed by Sandoz Inc.. Motions referred to Christopher J. Burke.(Gattuso, Dominick)
December 15, 2022 Filing 475 MOTION for Pro Hac Vice Appearance of Attorney Jonathan B. Turpin - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. Motions referred to Christopher J. Burke.(Stombaugh, Alexis)
December 13, 2022 Filing 474 REDACTED VERSION of #453 Letter by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
December 12, 2022 Filing 473 NOTICE OF SERVICE of (i) Defendants' Corrected Opening Expert Report of Walter G. Chambliss, Ph.D. (with Appendix F) [CONFIDENTIAL]; and, (ii) Defendants' Corrected Reply Expert Report of Walter G. Chambliss, Ph.D. (with Appendix B) [CONFIDENTIAL] filed by Sandoz Inc..(Gattuso, Dominick)
December 12, 2022 Filing 472 Amended NOTICE of Deposition of Walter G. Chambliss, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Joyce, Alexandra)
December 12, 2022 Filing 471 NOTICE to Take Deposition of Christopher A. Vellturo, Ph.D. on January 6, 2023 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 9, 2022 Filing 470 STIPULATION of Dismissal without prejudice by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
December 8, 2022 Opinion or Order Filing 469 STIPULATION AND ORDER regarding D.I. #465 . Signed by Judge Joseph F. Bataillon on 12/8/2022. (apk)
December 8, 2022 Filing 468 NOTICE of Appearance by Alexis Stombaugh on behalf of Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc. (Stombaugh, Alexis)
December 7, 2022 Filing 467 REDACTED VERSION of #454 Letter by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan)
December 7, 2022 Opinion or Order Filing 466 STIPULATION AND ORDER regarding D.I. #455 . Signed by Judge Joseph F. Bataillon on 12/7/2022. (apk)
December 6, 2022 Filing 465 STIPULATION of Dismissal as to Defendants Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc. and Aurolife Pharma LLC by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
December 5, 2022 Filing 464 NOTICE to Take Deposition of Graham Buckton, Ph.D., D.Sc. on December 12, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
December 5, 2022 Filing 463 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding enclosure of C.A. No. 16-905 Pretrial Conference Transcript, as requested during December 5, 2022 discovery conference. (Attachments: #1 Transcript)(Silver, Daniel)
December 5, 2022 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 12/5/2022 regarding D.I. 437. The Court heard argument from the parties and granted Plaintiffs' request to cross-produce Defendants' confidential information. The transcript shall serve as the substance of the Court's decision. The Court also directed the parties to meet and confer regarding the timing of the production and the extent to which the production might impact the case schedule. (Clerk: S. Simonetti) Appearances: A. Joyce, J. Leonard, S. Roberts for Plaintiffs; P. Kraman, D. Abramowitz for Zydus Defendants; D. Gattuso, K. Burke for Sandoz Defendants; D. Gattuso for Sawai Defendants; C. Cannataro, J. Janusz for Apotex Defendants; J. Phillips, W. Zimmerman, A. Cheek for Lupin Defendants; A. Russel, S. Lin for Actavis and Teva Defendants; C. Hitch, S. Rao for Aurobindo Defendants. (Court Reporter Deanna Warner) (dlb)
December 2, 2022 Filing 462 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Cross-Production of Defendants' Confidential Information. (Silver, Daniel)
December 1, 2022 Filing 461 NOTICE to Take Deposition of Vivian Gray on December 21, 2022 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 1, 2022 Filing 460 NOTICE to Take Deposition of Steven M. Weisman, Ph.D. on November 21, 2022 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 1, 2022 Filing 459 NOTICE to Take Deposition of Ronald A. Thisted, Ph.D. on December 13, 2022 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 1, 2022 Filing 458 NOTICE to Take Deposition of David R. Taft, Ph.D. on December 8, 2022 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 1, 2022 Filing 457 NOTICE to Take Deposition of Victor W. Nitti, M.D. on December 7, 2022 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 1, 2022 Filing 456 NOTICE to Take Deposition of Steven R. Little, Ph.D. on December 20, 2022 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 1, 2022 Filing 455 STIPULATION of Dismissal as to Defendants Prinston Pharmaceutical Inc., Zhejiang Huahai Pharmaceutical Co., Ltd., Huahai US Inc., and Solco Healthcare US by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
November 30, 2022 Filing 454 [SEALED] Letter to The Honorable Christopher J. Burke from Megan C. Haney regarding Defendants' Answering Letter to Judge Burke in Advance of December 5, 2022 Discovery Teleconference. (Attachments: #1 Exhibit I)(Haney, Megan)
November 28, 2022 Filing 453 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Cross-Production of Defendants' Confidential Information. (Attachments: #1 Exhibit A-H, #2 Certificate of Service)(Joyce, Alexandra)
November 28, 2022 Opinion or Order Filing 452 SO ORDERED, re D.I. #443 STIPULATION and [Proposed] Order to Dismiss Defendants Solara Active Pharma Sciences Ltd. and Strides Pharma Science Limited Without Prejudice and to be Bound by Result in Litigation, and Withdrawing Pending Motion to Dismiss by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. Signed by Judge Joseph F. Bataillon on 11/28/2022. (smg)
November 28, 2022 Opinion or Order Filing 451 ORAL ORDER: In response to an inquiry from counsel, the Court notes that the previously-scheduled December 2, 2022 status conference and December 12, 2022 motions hearing were cancelled in light of the Court's September 13, 2022 Order. (D.I. 406) The status conference was rescheduled to December 22, 2022 at 10 a.m. and no motions hearing was re-scheduled, pursuant to the discussion in the September 13 Order. (Id.). Ordered by Judge Christopher J. Burke on 11/28/2022. (dlb)
November 23, 2022 Filing 450 NOTICE to Take Deposition of Leon Shargel, Ph.D., R.Ph. on December 16, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 23, 2022 Filing 449 NOTICE to Take Deposition of Ivan T. Hofmann CPA/CFF, CLP on November 29, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 23, 2022 Filing 448 NOTICE to Take Deposition of Reza Fassihi, Ph.D. on December 20, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 23, 2022 Filing 447 NOTICE to Take Deposition of Michael B. Chancellor, M.D. on December 7, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 23, 2022 Filing 446 NOTICE to Take Deposition of Rebecca A. Betensky, Ph.D. on December 9, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 23, 2022 Filing 445 NOTICE to Take Deposition of Walter G. Chambliss, Ph.D. on December 14, 2022 and December 15, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 23, 2022 Filing 444 REDACTED VERSION of #434 Letter by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
November 22, 2022 Filing 443 STIPULATION and [Proposed] Order to Dismiss Defendants Solara Active Pharma Sciences Ltd. and Strides Pharma Science Limited Without Prejudice and to be Bound by Result in Litigation, and Withdrawing Pending Motion to Dismiss by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
November 21, 2022 Opinion or Order Filing 442 ORAL ORDER setting Teleconference: The Court has reviewed the parties' November 17, 2022 letter requesting a discovery dispute teleconference regarding one discovery dispute. (D.I. 436) It hereby ORDERS as follows: (1) A discovery dispute teleconference is set for December 5, 2022 at 9:30 a.m. before Judge Christopher J. Burke.; (2) By November 28, 2022, Plaintiffs shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issue in dispute and their position on that issue. By no later than November 30, 2022, Defendants shall file an answering letter brief, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining their position on that issue. By no later than 12:00 p.m. EST on December 2, 2022, Plaintiffs shall file a reply letter brief, of no more than two (2) single-spaced pages.; (3) The parties should consult and follow Judge Burke's Guidelines for Discovery Disputes, which is found in the Guidelines tab on Judge Burke's portion of the District Court's website.; (4) By no later than December 2, 2022, the parties shall jointly provide the Court's law clerk, Melanie Crawford, with a dial-in number via e-mail to use for the call.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the teleconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 11/21/2022. (dlb)
November 21, 2022 Filing 441 NOTICE OF SERVICE of (1) Supplemental Reply Expert Report of Prof. Steven R. Little, Ph.D. Concerning Infringement of U.S. Patent No. 10,842,780; and (2) Supplemental Reply Expert Report of Prof. Ronald A. Thisted, Ph.D. Concerning Infringement of U.S. Patent No. 10,842,780 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 21, 2022 Opinion or Order Filing 440 ORAL ORDER: The Court, having considered the parties' discovery dispute motion ("Motion"), (D.I. 421), and the briefing related thereto, (D.I. 429, 433, 434, 438), hereby ORDERS as follows: (1) Regarding Plaintiffs' request for additional deposition time for the deposition of Defendants' invalidity expert, Dr. Chambliss, that request is GRANTED-IN-PART and DENIED-IN-PART, in that Plaintiffs shall have 10.5 hours to depose Dr. Chambliss. Given the sheer length and complexity of Dr. Chambliss' report, which seems to be greater than average, it makes sense to allow Plaintiffs some additional time for this deposition beyond the standard seven hours. The Court is not convinced that double the normal deposition time (i.e., 14 hours) is required.; (2) Regarding Defendants' request for additional deposition time for the deposition of Plaintiffs' infringement and invalidity expert, Dr. Little, that request is GRANTED-IN-PART and DENIED-IN-PART. Defendants shall have 10.5 hours to depose Dr. Little. Like Dr. Chambliss' report, Dr. Little's report is very lengthy, and Dr. Little is serving as both an infringement and invalidity expert, so some additional time is warranted. That said, Plaintiffs asserted that there are few contested infringement issues for Dr. Little to address, (D.I. 429 at 3; D.I. 434 at 2), and Defendants did not provide much in the way of response to this argument. Thus, the Court is also not convinced that 14 hours of deposition time (as requested by Defendants) is necessary.; (3) Finally, as to Plaintiffs' third dispute regarding the sufficiency of Dr. Chambliss's expert disclosures, the Court agrees with Defendants that there does not appear to be a ripe dispute at this time for it to address. (D.I. 433 at 1; D.I. 438 at 1) So the Court will not address that issue further here. Ordered by Judge Christopher J. Burke on 11/21/2022. (dlb)
November 21, 2022 Opinion or Order Filing 439 ORAL ORDER: The Court hereby ORDERS that today's teleconference is CANCELED. The Court will decide the disputes on the papers and issue an Oral Order setting forth its decisions later today.Ordered by Judge Christopher J. Burke on 11/21/22. (mlc)
November 18, 2022 Filing 438 Letter to The Honorable Christopher J. Burke from Defendants regarding Surreply Letter in Advance of November 21, 2022 Discovery Teleconference. (Kraman, Pilar)
November 17, 2022 Filing 437 Joint MOTION for Teleconference to Resolve Discovery Dispute re #436 Letter - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Silver, Daniel)
November 17, 2022 Filing 436 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Discovery Dispute Teleconference. (Silver, Daniel)
November 16, 2022 Filing 435 REDACTED VERSION of #429 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
November 16, 2022 Filing 434 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M.Silver, Esq. regarding Expert Discovery Dispute Reply Letter. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Silver, Daniel)
November 14, 2022 Filing 433 Letter to The Honorable Christopher J. Burke from Defendants regarding Defendants' Answering Letter in Advance of November 21, 2022 Discovery Teleconference - re #421 Joint MOTION for Hearing re #420 Letter //(Teleconference) to Resolve Discovery Dispute. (Attachments: #1 Exhibit 1 - 6)(Kraman, Pilar)
November 14, 2022 Filing 432 NOTICE OF SERVICE of (1) Reply Expert Report of Vivian Gray Concerning Dissolution Testing; (2) Reply Expert Report of Prof. Steven R. Little, Ph.D. Concerning Infringement of U.S. Patent No. 10,842,780; (3) Reply Expert Report of Victor W. Nitti, M.D. Concerning Infringement of U.S. Patent No. 10,842,780; (4) Reply Expert Report of Prof. Ronald A. Thisted, Ph.D. Concerning Infringement of U.S. Patent No. 10,842,780; and (5) Reply Expert Report of Steven M. Weisman, Ph.D. Concerning the FDA's Recommendations Regarding Bioequivalence and Comparative Dissolution Testing filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 14, 2022 Filing 431 NOTICE OF SERVICE of 1) Reply Expert Report of Dr. Michael B. Chancellor Regarding U.S. Patent No. 10,842,780; and 2) Reply Expert Report of Ivan T. Hofmann filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
November 14, 2022 Filing 430 NOTICE OF SERVICE of Defendants' Reply Expert Report of Walter G. Chambliss, Ph.D. (with Appendix B) [CONFIDENTIAL] filed by Sandoz Inc..(Gattuso, Dominick)
November 9, 2022 Filing 429 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Expert Discovery Dispute - re 427 Oral Order,,,,,,,, Set Hearings,,,,,,,. (Attachments: #1 Exhibit A-E, #2 Text of Proposed Order, #3 Certificate of Service)(Silver, Daniel)
November 7, 2022 Opinion or Order Filing 428 ORDER, this matter is before the Court on defendants' motion to dismiss. D.I. #199 . Before the Court rules given the motion has pended for over a year, and discovery is all but complete, D.I. #364 . The parties may each file a supplemental brief not to exceed five pages by November 22, 2022. Signed by Judge Joseph F. Bataillon on 11/7/2022.(srs)
November 7, 2022 Opinion or Order Filing 427 ORAL ORDER: The Court has reviewed the parties November 2, 2022 letter requesting a discovery dispute teleconference regarding three discovery disputes. (D.I. 420) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for November 21, 2022 at 9:30 a.m. before Judge Christopher J. Burke.; (2) By November 9, 2022, Plaintiffs shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and their position on those issues. By no later than November 14, 2022, Defendants may file an answering letter brief, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining their position on the issues. By no later than noon E.S.T. on November 16, 2022, Plaintiffs shall file a reply letter brief, of no more than two (2) single-spaced pages. By no later than noon E.S.T. on November 18, 2022, Defendants shall file a sur-reply letter brief, of no more than two (2) single-spaced pages.; (3) The parties should consult and follow Judge Burkes Guidelines for Discovery Disputes, which is found in the Guidelines tab on Judge Burkes portion of the District Courts website.; (4) By no later than November 16, 2022, the parties shall jointly provide the Courts law clerk, Melanie Crawford, with a dial-in number via e-mail to use for the call.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the teleconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference) (A Telephone Conference is set for 11/21/2022 at 09:30 AM in Telephonically before Judge Joseph F. Bataillon). Signed by Judge Christopher J. Burke on 11/7/2022. (apk)
November 7, 2022 Opinion or Order Filing 426 SO ORDERED, re #425 Stipulation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Signed by Judge Christopher J. Burke on 11/7/2022. (apk)
November 4, 2022 Filing 425 STIPULATION and [Proposed] Order Setting Pretrial Deadlines by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
November 4, 2022 Filing 424 NOTICE OF SERVICE of the Supplemental Expert Report of Graham Buckton, Ph.D., D.Sc. and the Supplemental Rebuttal Expert Report of Rebecca A. Betensky, Ph.D. filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
November 3, 2022 Opinion or Order Filing 423 ORDER of DISMISSAL: Pursuant to Rules 41(a)(l) and 41(c) of the Federal Rules of Civil Procedure, Plaintiffs Astellas Pharma Inc., Astellas Ireland Co., Ltd. and Astellas Pharma Global Development, Inc. (collectively, Plaintiffs) and Defendants Actavis Elizabeth LLC and Teva Pharmaceuticals USA, Inc. (collectively, Actavis), hereby stipulate and agree that all claims asserted by Plaintiffs against Actavis and all counterclaims asserted by Actavis against Plaintiffs are hereby dismissed without prejudice. (See Order for further details) Signed by Judge Joseph F. Bataillon on 11/03/2022. (smg)
November 3, 2022 Filing 422 NOTICE OF SERVICE of Supplemental Expert Report of Reza Fassihi, Ph.D. Regarding Noninfringement of U.S. Patent No. 10,842,780 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
November 3, 2022 Filing 421 Joint MOTION for Hearing re #420 Letter //(Teleconference) to Resolve Discovery Dispute - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. Motions referred to Christopher J. Burke.(Kraman, Pilar)
November 2, 2022 Filing 420 Joint Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding a request for a teleconference to resolve discovery disputes. (Kraman, Pilar)
November 2, 2022 Filing 419 STIPULATION of Dismissal that all claims against Actavis and by Actavis against Plaintiffs are dismissed without prejudice by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
November 2, 2022 Opinion or Order Filing 418 SO ORDERED, re #417 MOTION for Pro Hac Vice Appearance of Attorney Stephen M. Hash, Rodney Swartz, Ph.D., Meng Xu filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Signed by Judge Christopher J. Burke on 11/2/2022. (apk)
November 1, 2022 Filing 417 MOTION for Pro Hac Vice Appearance of Attorney Stephen M. Hash, Rodney Swartz, Ph.D., Meng Xu - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Joyce, Alexandra)
October 19, 2022 Filing 416 NOTICE OF SERVICE of (1) Rebuttal Expert Report of Prof. Steven R. Little, Ph.D. Concerning Validity of U.S. Patent No. 10,842,780; (2) Rebuttal Expert Report of Victor W. Nitti, M.D. Concerning Validity of U.S. Patent No. 10,842,780; (3) Rebuttal Expert Report of Prof. David R. Taft, Ph.D. Concerning Validity of U.S. Patent No. 10,842,780; (4) Rebuttal Expert Report of Steven M. Weisman, Ph.D. Concerning the FDA's Recommendations Regarding Drug Food Effects; and (5) Expert Report of Christopher A. Vellturo, Ph.D. filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
October 19, 2022 Filing 415 NOTICE OF SERVICE of Rebuttal Expert Report of Rebecca A. Betensky, Ph.D. and Responsive Expert Report of Graham Buckton, Ph.D., D.Sc. Regarding Alleged Infringement of U.S. Patent No. 10,842,780 filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
October 18, 2022 Filing 414 NOTICE OF SERVICE of Defendants Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc., Strides Pharma Science Limited, and Solara Active Pharma Sciences Limited's Rebuttal Expert Report of Leon Shargel, Ph.D., R. Ph (with Appendices A-D) [CONFIDENTIAL] filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc., Solara Active Pharma Sciences Limited, Solco Healthcare US, LLC, Strides Pharma Science Limited.(Gattuso, Dominick)
October 18, 2022 Filing 413 NOTICE OF SERVICE of Rebuttal Expert Report of Reza Fassihi, Ph.D. Regarding Noninfringement of U.S. Patent 10,842,780 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
October 14, 2022 Filing 412 NOTICE OF SERVICE of (1) Supplemental Opening Expert Report of Prof. Steven R. Little Concerning Infringement of U.S. Patent No. 10,842,780; and (2) Supplemental Opening Expert Report of Vivian Gray Concerning Dissolution Testing filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
September 19, 2022 Filing 411 NOTICE OF SERVICE of (1) Opening Expert Report of Prof. Ronald A. Thisted, Ph.D. Concerning Infringement of U.S. Patent No. 10,842,780; (2) Opening Expert Report of Prof. Steven R. Little, Ph.D. Concerning Infringement of U.S. Patent No. 10,842,780; (3) Opening Expert Report of Steven M. Weisman, Ph.D.; (4) Opening Expert Report of Vivian Gray Concerning Dissolution Testing; and (5) Opening Expert Report of Victor M. Nitti, M.D. Concerning Infringement of U.S. Patent No. 10,842,780 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
September 16, 2022 Filing 410 NOTICE OF SERVICE of Defendants' Opening Expert Report of Walter G. Chambliss, Ph.D. (with Appendices A-F) filed by Sandoz Inc..(Gattuso, Dominick)
September 16, 2022 Filing 409 Joint STATUS REPORT by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
September 16, 2022 Filing 408 NOTICE OF SERVICE of Opening Expert Report of Dr. Michael B. Chancellor Regarding Invalidity of the Asserted Claims of U.S. Patent No. 10,842,780 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
September 15, 2022 Filing 407 NOTICE of Appearance by Christopher Fitzpatrick Cannataro on behalf of Apotex Corp., Apotex Inc. (Cannataro, Christopher)
September 13, 2022 Opinion or Order Filing 406 ORAL ORDER:The Court, having reviewed the parties' joint motion to resolve a discovery dispute, (D.I. 380), the briefing related thereto, (D.I. 387; D.I. 394; D.I. 399), and having heard argument on September 7, 2022, hereby ORDERS as follows: (1) Plaintiffs' request to move the trial date (currently set for February 6, 2023) to June 2023 is DENIED for lack of good cause. The only reason Plaintiffs provided in their opening letter brief as justification for this request is that Defendant Aurobindo allegedly late produced samples of its product to Plaintiffs. (D.I. 387 at 1-2) But in the interval, Plaintiffs and Aurobindo stipulated to stay any claims relating to Aurobindo, in effect ending the litigation as between those parties. (D.I. 388; D.I. 394 at 1) It seems a bit unfair to penalize remaining Defendants (who do not want the trial date pushed back) for an alleged wrong (i.e., Aurobindo's failure to timely produce its samples) that remaining Defendants played no part in. But even setting that aside, and even assuming that this Aurobindo-related evidence could potentially be relevant to the infringement case against remaining Defendants (the Court takes no position on that question here), there is time to address the Aurobindo-related evidence while still keeping the trial date intact. And while it is true that remaining Defendants may not be able to go to market for a certain period of time after the scheduled trial date, (D.I. 387 at 3), the parties all agree that this case has greater-than-average complexity, even for a Hatch-Waxman litigation matter. Thus, allowing extra time for the District Court to review and decide the many issues it will be called upon to assess is prudent, and keeping the trial date where it is will allow this to happen. Plaintiffs can promptly file a supplemental expert report regarding this Aurobindo-related evidence (if they later determine that they wish to do so) at the appropriate time, and the parties can work out a resulting schedule for rebuttal and reply reports as to those issues. (D.I. 394 at 4); and (2) Otherwise, the pre-trial schedule will be amended as follows: (a) opening expert reports are due September 16, 2022; (b) rebuttal expert reports are due by October 18, 2022; (c) reply expert reports are due November 11, 2022; (d) the expert discovery deadline will be December 22, 2022; (e) a status conference before Judge Burke will be held on December 22, 2022 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke (with any hearing on case dispositive motions or Daubert motions TBD pending a decision on whether such motions will even be permitted in the first place); (f) a proposed pretrial order will be due on January 13, 2023; (g) the pretrial conference will be held before Judge Burke on January 23, 2023 at 11:00 a.m. in Courtroom 2A; and (h) the trial will begin on February 6, 2023.Ordered by Judge Christopher J. Burke on 9/13/2022. (mlc)
September 9, 2022 Filing 405 [SEALED] Official Transcript of Discovery dispute teleconference held on 9/7/2022 before Judge Christopher J. Burke. Court Reporter/Transcriber Heidi Schoentube,Email: 302-571-0510. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 9/30/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/8/2022. (nmg)
September 9, 2022 Filing 404 STIPULATION TO EXTEND TIME (1) Opening Expert Reports & (2) Joint Interim Status Report to See Stip for Details - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
September 9, 2022 Filing 403 NOTICE requesting Clerk to remove Michael K. Nutter as co-counsel.. (Russell, Andrew)
September 9, 2022 Opinion or Order Filing 402 SO ORDERED D.I. #400 Stipulation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 9/9/2022. (mlc)
September 9, 2022 Opinion or Order SO ORDERED D.I. #404 STIPULATION TO EXTEND TIME (1) Opening Expert Reports & (2) Joint Interim Status Report to See Stip for Details filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 9/9/2022. (mlc)
September 8, 2022 Filing 401 REDACTED VERSION of #399 Letter by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
September 8, 2022 Filing 400 STIPULATION and [Proposed] Order Regarding Authenticity as to Sawai, Solara, and Strides' Regulatory Documents by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
September 7, 2022 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 9/7/2022 regarding D.I. 380. The Court heard argument from the parties regarding Plaintiffs' request to modify the schedule and move the trial date. The Court took the Motion under advisement. (Clerk: S. Simonetti) Appearances: D. Silver, S. Roberts, J. Leonard for Plaintiffs; P. Kraman, D. Abramowitz for Zydus and Cadila Defendants; J. Seaman, J. Janusz for Apotex Defendants; D. Gattuso, R. Waldron, G. Goldblatt, K. Burke for Sandoz and Lek Defendants; D. Gattuso, M. Masar for Sawai Defendants; R. Weinblatt, Y. Tang for Prinston Defendants; J. Phillips, W. Zimmerman, A. Cheek for Lupin Defendants.(Court Reporter Heidi Schoentube, Veritext (dlb)
August 31, 2022 Filing 399 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Reply Concerning Dispute on Trial Date and Case Schedule. (Attachments: #1 Exhibits A-H, #2 Certificate of Service)(Silver, Daniel)
August 31, 2022 Filing 398 REDACTED VERSION of #394 Letter, by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Attachments: #1 Exhibit 1 - 2, #2 Text of Proposed Order)(Kraman, Pilar)
August 30, 2022 Filing 397 NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
August 25, 2022 Filing 396 REDACTED VERSION of #388 Stipulation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 25, 2022 Filing 395 REDACTED VERSION of #387 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 24, 2022 Filing 394 [SEALED] Letter to The Honorable Christopher J. Burke from Defendants regarding Defendants' Response in Advance of September 7, 2022 Discovery Teleconference - re 381 Order Setting Teleconference,,,,,,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Kraman, Pilar)
August 22, 2022 Filing 393 REDACTED VERSION of #385 Stipulation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 22, 2022 Filing 392 REDACTED VERSION of #384 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Exhibit 1-24)(Joyce, Alexandra)
August 22, 2022 Filing 391 NOTICE OF SERVICE of Plaintiffs' Infringement Charts filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
August 22, 2022 Filing 390 STATEMENT re #387 Letter, Rule 16.4 Certification by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
August 19, 2022 Filing 389 Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding September 7, 2022 discovery conference. (Silver, Daniel)
August 19, 2022 Opinion or Order SO ORDERED D.I. #388 Stipulation Regarding Infringement and to Stay Claims and be Bound by Result in Litigation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. All claims between Plaintiffs and the Aurobindo defendants and all proceedings and acts involving Aurobindo in the Action and the Second Action shall be stayed in their entirety pending the conclusion of the Action. (See Stipulation for further details). Ordered by Judge Christopher J. Burke on 8/19/22. (mlc)
August 18, 2022 Filing 388 [SEALED] STIPULATION and [Proposed] Order Regarding Infringement and to Stay Claims and Be Bound by Result in Litigation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
August 17, 2022 Filing 387 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Dispute Concerning Trial Date and Case Schedule - re 381 Order Setting Teleconference,,,,,,,. (Attachments: #1 Exhibit 1-9, #2 Text of Proposed Order, #3 Certificate of Service)(Silver, Daniel)
August 17, 2022 Opinion or Order Filing 386 ORAL ORDER Resetting Teleconference: In light of a scheduling conflict, the Court hereby ORDERS that the discovery dispute teleconferences scheduled for August 29, 2022 and September 6, 2022, (D.I. 377; D.I. 381), will be heard together during a teleconference on September 7, 2022 at 2:00 pm. By no later than August 31, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 8/17/2022. (dlb)
August 16, 2022 Opinion or Order SO ORDERED D.I. #385 Stipulation Regarding Authenticity as to Prinston's Regulatory Documents filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 8/16/2022. (dlb)
August 15, 2022 Filing 385 [SEALED] STIPULATION and [Proposed] Order Regarding Authenticity as to Prinston's Regulatory Documents by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 12, 2022 Filing 384 [SEALED] Letter to the Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding August 29, 2022 Discovery Dispute Conference - re 377 Order Setting Teleconference,,,,,,,. (Attachments: #1 Exhibits 1 - 24, #2 Proposed Order, #3 Certificate of Service)(Silver, Daniel)
August 12, 2022 Filing 383 NOTICE OF SERVICE of Defendants' Supplemental Identification of Invalidity References filed by Sandoz Inc..(Gattuso, Dominick)
August 12, 2022 Opinion or Order SO ORDERED D.I. #382 STIPULATION TO EXTEND TIME for Various Deadlines to (See Stipulation for Details) filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 8/12/2022. (dlb)
August 11, 2022 Filing 382 STIPULATION TO EXTEND TIME for Various Deadlines to (See Stipulation for Details) - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 10, 2022 Opinion or Order Filing 381 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' Motion for Teleconference to Resolve Discovery Dispute ("Motion") regarding one dispute. (D.I. 379; D.I. 380) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this Motion: (1) A discovery dispute teleconference is set for September 6, 2022 at 2:00 p.m. before Judge Christopher J. Burke.; (2) By no later than August 17, 2022, Plaintiffs shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than August 24, 2022, Defendants (collectively) may file a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining their reasons for opposition. By no later than August 31, 2022, Plaintiffs may file a reply letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font.; (3) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (4) By no later than August 31, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference).Ordered by Judge Christopher J. Burke on 8/10/2022. (dlb)
August 9, 2022 Filing 380 MOTION for Teleconference to Resolve Discovery Dispute re #379 Letter - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Silver, Daniel)
August 9, 2022 Filing 379 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling of a Discovery Teleconference. (Silver, Daniel)
August 8, 2022 Opinion or Order SO ORDERED D.I. #378 STIPULATION TO EXTEND TIME filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 8/8/2022. (dlb)
August 5, 2022 Filing 378 STIPULATION TO EXTEND TIME See Stip for Details to - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 4, 2022 Opinion or Order Filing 377 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' Motion for Teleconference to Resolve Discovery Dispute regarding one dispute. (D.I. 376) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this Motion: (1) A Discovery Dispute Teleconference is set for 8/29/2022 at 3:30 PM before Judge Christopher J. Burke.; (2) By no later than August 11, 2022, any party seeking relief shall file with the Court a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than August 18, 2022, any party opposing the application for relief may file a letter, not to exceed six (6) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition. By no later than August 23, 2022, the party seeking relief shall file a reply letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font.; (3) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (4) By no later than August 18, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 8/4/2022. (dlb)
August 4, 2022 Filing 376 MOTION for Teleconference to Resolve Discovery Dispute re #375 Letter - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Silver, Daniel)
August 4, 2022 Filing 375 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling of a Discovery Teleconference. (Silver, Daniel)
August 2, 2022 Filing 374 STIPULATION TO EXTEND TIME for Plaintiffs to challenge Defendants' claim of privilege to August 4, 2022 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 2, 2022 Opinion or Order SO ORDERED D.I. #374 STIPULATION TO EXTEND TIME for Plaintiffs to challenge Defendants' claim of privilege to August 4, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 8/2/2022. (mlc)
July 28, 2022 Filing 373 STIPULATION TO EXTEND TIME the Deadline for the Parties to Provide Final Contentions to See Stip for Details - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
July 28, 2022 Opinion or Order SO ORDERED D.I. #373 STIPULATION TO EXTEND TIME the Deadline for the Parties to Provide Final Contentions to See Stip for Details filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 7/28/2022. (dlb)
July 28, 2022 Opinion or Order SO ORDERED D.I. #372 STIPULATION TO EXTEND TIME for Plaintiffs' deadline to challenge Defendants' claim of privilege with regard to the clawed-back documents to August 2, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 7/28/2022. (dlb)
July 27, 2022 Filing 372 STIPULATION TO EXTEND TIME for Plaintiffs' deadline to challenge Defendants' claim of privilege with regard to the clawed-back documents to August 2, 2022 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
July 25, 2022 Opinion or Order SO ORDERED D.I. #370 STIPULATION TO EXTEND TIME the deadline for the parties to provide final contentions to See Stip for Details filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc., and D.I. #369 STIPULATION TO EXTEND TIME Plaintiffs' deadline to challenge Defendants' claim of privilege with regard to the clawed-back documents to July 28, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 7/25/2022. (dlb)
July 22, 2022 Filing 371 NOTICE requesting Clerk to remove Jason Z. Pesick as co-counsel.. (Russell, Andrew)
July 21, 2022 Filing 370 STIPULATION TO EXTEND TIME the deadline for the parties to provide final contentions to See Stip for Details - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
July 21, 2022 Filing 369 STIPULATION TO EXTEND TIME Plaintiffs' deadline to challenge Defendants' claim of privilege with regard to the clawed-back documents to July 28, 2022 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
July 15, 2022 Filing 368 NOTICE OF SERVICE of Defendants' Supplemental Identification of Invalidity References filed by Sandoz Inc..(Gattuso, Dominick)
July 15, 2022 Filing 367 STIPULATION and Proposed Order Regarding Authenticity as to Apotex's Regulatory Documents by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
July 15, 2022 Opinion or Order SO ORDERED D.I. #367 Stipulation Regarding Authenticity as to Apotex's Regulatory Documents filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 7/15/2022. (dlb)
July 12, 2022 Filing 366 STIPULATION [and Proposed Order] to Stay Claims and be Bound by Result in Litigation by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc.. (Russell, Andrew)
July 12, 2022 Opinion or Order SO ORDERED D.I. #366 Stipulation to Stay Claims and be Bound by Result in Litigation filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc. All claims between Plaintiffs and Actavis and all proceedings and acts involving Actavis in the Action and the Second Action shall be stayed in their entirety pending the conclusion of the Action. (See Stipulation for further details). Ordered by Judge Christopher J. Burke on 7/12/2022. (dlb)
July 8, 2022 Pro Hac Vice Attorney Leah M. Brackensick for Zydus Lifesciences Limited and Zydus Pharmaceuticals (USA), 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. (mpb)
June 30, 2022 Opinion or Order SO ORDERED D.I. #365 MOTION for Pro Hac Vice Appearance of Attorney Leah M. Brackensick filed by Zydus Pharmaceuticals (USA), Inc., Zydus Lifesciences Limited, nd D.I. #363 MOTION for Pro Hac Vice Appearance of Attorney Wojciech K. Jankiewicz filed by Apotex Inc., Apotex Corp. Ordered by Judge Christopher J. Burke on 6/30/2022. (dlb)
June 29, 2022 Filing 365 MOTION for Pro Hac Vice Appearance of Attorney Leah M. Brackensick - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. Motions referred to Christopher J. Burke.(Kraman, Pilar)
June 29, 2022 Opinion or Order Filing 364 SO ORDERED D.I. #362 Stipulation to Amend the Case Schedule filed by Sandoz Inc., Set/Reset Scheduling Order Deadlines: A Pretrial Conference is set for 1/23/2023 at 11:00 AM before Judge Christopher J. Burke., An expert Status Conference is set for 12/2/2022 at 10:00 AM before Judge Christopher J. Burke, A Motion Hearing is set for 12/12/2022 at 10:00 AM before Judge Joseph F. Bataillon. See stipulation for further dates/deadlines.. Signed by Judge Christopher J. Burke on 6/29/2022. (mlc)
June 28, 2022 Filing 363 MOTION for Pro Hac Vice Appearance of Attorney Wojciech K. Jankiewicz - filed by Apotex Corp., Apotex Inc.. (Attachments: #1 Certification of Wojciech K. Jankiewicz, #2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Seaman, John)
June 24, 2022 Filing 362 STIPULATION to Amend the Case Schedule by Sandoz Inc.. (Gattuso, Dominick)
June 14, 2022 Filing 361 STIPULATION and [Proposed] Order Regarding Authenticity as to Lupin's Regulatory Documents by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
June 14, 2022 Opinion or Order SO ORDERED D.I. #361 Stipulation Order Regarding Authenticity as to Lupin's Regulatory Documents filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 6/14/2022. (dlb)
June 13, 2022 Filing 360 NOTICE requesting Clerk to remove Jennifer M. Coronel as co-counsel.. (Kraman, Pilar)
June 8, 2022 Filing 359 NOTICE OF SERVICE of Plaintiffs' Third Supplemental Objections and Responses to Defendants' First Set of Joint Interrogatories (No. 1) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
June 6, 2022 Filing 358 NOTICE to Take Deposition of Nancy Martin on June 10, 2022 at 9:00 am Central filed by Sandoz Inc..(Gattuso, Dominick)
May 20, 2022 Opinion or Order SO ORDERED D.I. #357 Stipulation to Amend the Case Schedule filed by Zydus Pharmaceuticals (USA), Inc., Zydus Lifesciences Limited Ordered by Judge Christopher J. Burke on 5/20/2022. (mlc)
May 19, 2022 Filing 357 STIPULATION and [Proposed] Order to Amend the Case Schedule by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
May 11, 2022 Filing 356 STIPULATION and [Proposed] Order Narrowing Issues in Dispute by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
May 11, 2022 Filing 355 STIPULATION and [Proposed] Order Narrowing Issues in Dispute by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
May 11, 2022 Opinion or Order SO ORDERED D.I. #356 Stipulation Narrowing Issues in Dispute and D.I. #355 Stipulation Narrowing Issues in Dispute filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 5/11/2022. (dlb)
May 10, 2022 Filing 354 NOTICE to Take Deposition of Yuuki Takaishi on May 12, 2022 at 9:00 am ET filed by Lek Pharmaceuticals D.D., Sandoz Inc., Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc., Solara Active Pharma Sciences Limited, Strides Pharma Science Limited.(Gattuso, Dominick)
May 9, 2022 Filing 353 NOTICE OF SERVICE of SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS FIRST SET OF INTERROGATORIES (NO. 15) filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
May 6, 2022 Filing 352 NOTICE OF SERVICE of Defendant Apotex Inc. and Apotex Corp.'s Supplemental Objections and Responses to Plaintiffs' First Set of Interrogatories (No. 15) filed by Apotex Corp., Apotex Inc..(Seaman, John)
May 6, 2022 Filing 351 NOTICE OF SERVICE of Sandoz Inc.'s First Supplemental Answers and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-16) filed by Sandoz Inc..(Gattuso, Dominick)
May 6, 2022 Filing 350 NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Second Supplemental Objections and Responses to Plaintiffs' First Set of Interrogatories to Zydus (Nos. 1-16) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
May 5, 2022 Filing 349 NOTICE OF SERVICE of (i) Defendant Strides' First Amended Responses and Objections to Plaintiffs' First Notice of Deposition of Defendant Strides under Federal Rule of Civil Procedure 30(b)(6) [CONFIDENTIAL]; and, (ii) Defendant Solara's First Amended Responses and Objections to Plaintiffs First Notice of Deposition of Defendant Solara under Federal Rule 30(b)(6) [CONFIDENTIAL] filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited.(Gattuso, Dominick)
May 5, 2022 Filing 348 NOTICE OF SERVICE of Sawai Defendants' First Amended Responses and Objections to Plaintiffs' Notice of Rule 30(b)(6) Deposition of Defendants Sawai Pharmaceutical Co., Ltd. and Sawai USA, Inc. [CONFIDENTIAL] filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
May 3, 2022 Filing 347 NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Responses to Defendants' First Set of Joint Requests for Admission (Nos. 1-2, 9-10, and 16-27) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
April 28, 2022 Opinion or Order SO ORDERED D.I. #345 MOTION for Pro Hac Vice Appearance of Attorney Jayita Guhaniyogi filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 4/28/2022. (dlb)
April 22, 2022 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 4/22/2022 regarding D.I. #310 . The Court heard argument from the parties regarding Plaintiffs' disputes. The Court granted Plaintiffs' requests as described during the teleconference. (Court Reporter Deanna Warner. Clerk: M. Crawford) Appearances: D. Silver, J. Leonard for Plaintiffs; P. Kraman, D. Abramowitz, E. Savas for Zydus and Cadila Defendants; A. Russell, J. Pesick, S. Lin for Actavis and Teva Defendants; J. Seaman, J. Janusz, J. Schurr for Apotex Defendants; D. Gattuso, R. Waldron, K. Burke for Sandoz and Lek Defendants; D. Gattuso, M. Masar for Sawai Defendants; C. Hitch, S. Rao for Aurobindo Defendants; R. Weinblatt, B. Batzer, Y. Tang for Prinston Defendants; J. Phillips, W. Zimmerman for Lupin Defendants. (mlc)
April 22, 2022 Filing 346 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Resolution of Certain Discovery Disputes as to Sawai, Strides, and Solara. (Silver, Daniel)
April 21, 2022 Filing 345 MOTION for Pro Hac Vice Appearance of Attorney Jayita Guhaniyogi - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certification for Jayita Guhaniyogi)Motions referred to Christopher J. Burke.(Joyce, Alexandra)
April 21, 2022 Filing 344 NOTICE OF SERVICE of Aurobindo's Responses and Objections to Plaintiffs' Amended Notice of 30(b)(6) Deposition filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
April 21, 2022 Opinion or Order Filing 343 ORAL ORDER: The Court, having again reviewed the parties' briefing with regard to Plaintiffs' final lingering discovery dispute, (D.I. 307; D.I. 311; D.I. 317), addressed during the March 28, 2022 teleconference, and having reviewed Defendants' March 29, 2022 supplemental submission, (D.I. 329), hereby ORDERS as follows: (1) Plaintiffs' request that the Court compel Defendants to supplement Interrogatory No. 3 to confirm that they will not rely on any prior art other than the 41 identified references, absent a proper amendment, (D.I. 311 at 4), is DENIED. As Defendants note, (D.I. 317 at 4-5), this request appears to conflict with the Scheduling Order's May 26, 2022 deadline for final supplementation of all invalidity references, (D.I. 303 at 2).; and (2) With regard to Plaintiffs' remaining requests, (D.I. 311 at 4), they are GRANTED-IN-PART as follows. These requests are premised on Plaintiffs' assertion that Defendants' current response to Plaintiffs' Interrogatory No. 3 (which requests Defendants' contentions that the asserted claims of the patent-in-suit are invalid under 35 U.S.C. 103), which in turn incorporates by reference Defendants' Joint Initial Invalidity Contentions (the "Initial Invalidity Contentions"), are unduly vague and insufficiently fulsome. (Id. at 3-4) The Court has reviewed the Initial Invalidity Contentions. In general, they provide real detail, including significant specificity as to: (a) the prior art references that could be a part of invalidity combinations, (see, e.g., Initial Invalidity Contentions at 54-114); (b) the portions of the prior art references that are relevant to Defendants' obviousness arguments, (see, e.g., id. at Appendix A); and (c) why a person of ordinary skill in the art might be motivated to combine the teachings of certain prior art references, (see id. at 128-31, 136-47). That said, the one area as to which the Court has sympathy for Plaintiffs' position is that in the Initial Invalidity Contentions, Defendants generally state that the asserted claims are obvious over many possible combinations of many different references, (see, e.g., id. at 132), which makes it difficult for Plaintiffs to know exactly which specific combinations are being asserted against them. On that score, Plaintiffs should get some relief. In terms of how and when that relief should be provided, the Court repeatedly suggested that if Plaintiffs were willing to narrow the number of asserted claims, then the Court could require Defendants to then cut down to a specific number of invalidity combinations by a date certain. But Plaintiffs did not seem particularly interested in that option during the teleconference. In light of this, and in light of the fact that the deadline for final invalidity contentions is coming up soon, the Court hereby ORDERS that by June 22, 2022, the date when Defendants' final invalidity contentions are due, Defendants shall: (a) identify in those final invalidity contentions the specific invalidity combinations they intend to rely upon (without the use of terms like "exemplary" and "and/or"); (b) provide fulsome detail regarding the obviousness arguments for those specific invalidity combinations; and (c) supplement their response to Interrogatory No. 3 by incorporating the final invalidity contentions into that response. Ordered by Judge Christopher J. Burke on 4/21/2022. (mlc)
April 21, 2022 Opinion or Order SO ORDERED D.I. #342 Stipulation Regarding Prior Discovery filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.. Ordered by Judge Christopher J. Burke on 4/21/2022. (dlb)
April 21, 2022 Opinion or Order SO ORDERED D.I. #341 Unopposed MOTION to Change Name of Defendant Cadila Healthcare Limted to Zydus Lifesciences Limited (Unopposed) filed by Zydus Pharmaceuticals (USA), Inc., Cadila Healthcare Ltd. Ordered by Judge Christopher J. Burke on 4/21/2022. (dlb)
April 20, 2022 Filing 342 STIPULATION and [Proposed] Order Regarding Prior Discovery by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
April 20, 2022 Filing 341 MOTION to Change Name of Defendant Cadila Healthcare Limted to Zydus Lifesciences Limited (Unopposed) - filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar)
April 19, 2022 Filing 340 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding discovery dispute hearing scheduled on Friday, April 22, 2022 at 2pm. (Phillips, John)
April 18, 2022 Filing 339 NOTICE OF SERVICE of Plaintiffs' Amended Notice of Deposition of Defendant Aurobindo Under Federal Rule of Civil Procedure 30(B)(6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
April 14, 2022 CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb)
April 7, 2022 Filing 338 REDACTED VERSION of #316 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
April 7, 2022 Filing 337 REDACTED VERSION of #314 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
April 6, 2022 Filing 336 NOTICE OF SERVICE of Sawai Defendants Responses and Objections to Plaintiffs Notice of Rule 30(b)(6) Deposition of Defendants' Sawai Pharmaceutical Co., Ltd. and Sawai USA, Inc. [CONFIDENTIAL] filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
April 6, 2022 Filing 335 NOTICE OF SERVICE of (i) Defendant Strides' Responses and Objections to Plaintiffs' Notice of Deposition of Defendant Strides Under Federal Rule of Civil Procedure 30(b)(6) [CONFIDENTIAL]; and, (ii) Defendant Solara's Responses and Objections to Plaintiffs' First Notice of Deposition of Defendant Solara Under Federal Rule of Civil Procedure 30(b)(6) [CONFIDENTIAL] filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited.(Gattuso, Dominick)
April 5, 2022 Filing 334 NOTICE OF SERVICE of Sandoz Inc.s Objections and Responses to Plaintiffs' First Notice of Rule 30(b)(6) Deposition filed by Sandoz Inc..(Gattuso, Dominick)
April 5, 2022 Opinion or Order SO ORDERED D.I. #326 MOTION for Pro Hac Vice Appearance of Attorney Brooke N. McLain filed by Aurobindo Pharma USA, Inc., Aurolife Pharma LLC, Aurobindo Pharma Ltd. Ordered by Judge Christopher J. Burke on 4/5/2022. (dlb)
April 4, 2022 Filing 333 REDACTED VERSION of #327 Letter, by Sandoz Inc.. (Attachments: #1 Exhibit 1)(Gattuso, Dominick)
April 4, 2022 Opinion or Order Filing 332 ORAL ORDER Resetting Teleconference: Due to an unforeseen scheduling conflict, the Court will rescheduled the discovery dispute teleconference set for today, April 4, 2022 at 2:00 pm. It is hereby ORDERED that the Discovery Dispute Teleconference is rescheduled 4/22/2022 at 02:00 PM before Judge Christopher J. Burke. By no later than April 18, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Deborah Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 4/4/2022. (dlb)
March 30, 2022 Filing 331 REDACTED VERSION of #318 Exhibit to a Document Exhibit 3 by Sandoz Inc.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
March 29, 2022 Filing 330 NOTICE OF SERVICE of (i) Defendant Strides' First Supplemental Responses and Objections to Plaintiffs' First Set of Requests for Admission (Nos. 1-7); (ii) Defendant Strides' First Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-10); (iii) Defendant Solara's First Supplemental Responses and Objections to Plaintiffs' First Set of Requests For Admission (Nos. 1-9); and, (iv) Defendant Solara's First Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-10) filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited.(Gattuso, Dominick)
March 29, 2022 Filing 329 Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Defendants' Joint Initial Invalidity Contentions. (Gattuso, Dominick)
March 28, 2022 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 3/28/2022. The Court heard arguments regarding the parties' discovery disputes, (D.I. 307). With regard to Plaintiffs' disputes, the Court: (1) denied Plaintiffs' proposal as set forth in the Stipulation to Amend the Case Schedule; and (2) ordered Defendants' counsel to provide the Court with the invalidity contentions at issue by close of business on March 29, 2022. The Court will resolve the related dispute shortly thereafter. With regard to Defendants' disputes, the Court denied the first and third issues as moot. With respect to Defendants' second dispute regarding Defendants' Interrogatory No. 10 and RFP No. 31, the Court granted-in-part and denied-in-part without prejudice to renew Defendants' request for relief as described during the teleconference. (Court Reporter Michele Rolfe. Clerk: M. Crawford) Appearances: D. Silver, S. Roberts, J. Leonard, N. Anand, and C. Romm for Plaintiffs; P. Kraman, D. Abramowitz, E. Savas for Zydus and Cadila Defendants; A. Russell, J. Pesick, S. Lin for Actavis and Teva Defendants; J. Seaman, J. Janusz, J. Schurr for Apotex Defendants; D. Gattuso, G. Goldblatt, R. Pernic Waldron, K. Burke for Sandoz and Lek Defendants; D. Gattuso, D. Gattuso, B. Sodikoff, M. Masar, C. OBrien for Sawai Defendants; K. Dorsney, B. McLain for Aurobindo Defendants; R. Weinblatt, B. Batzer, Y. Tang for Prinston Defendants; J. Phillips, W. Zimmerman, A. Cheek for Lupin Defendants. (mlc) Modified on 3/29/2022 (mlc).
March 28, 2022 Filing 328 EXHIBIT re #327 Letter, Exhibits 2-4 by Lek Pharmaceuticals D.D., Sandoz Inc.. (Gattuso, Dominick)
March 28, 2022 Filing 327 [SEALED] Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Defendants' Responsive Letter in Advance of the April 4, 2022 Discovery Teleconference - re #314 Letter,. (Attachments: #1 Exhibit 1)(Gattuso, Dominick)
March 28, 2022 Filing 326 MOTION for Pro Hac Vice Appearance of Attorney Brooke N. McLain - filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC. Motions referred to Christopher J. Burke.(Dorsney, Kenneth)
March 28, 2022 Opinion or Order Filing 325 ORDER To Any Consul or Vice Consul of the United States Embassy, Tokyo, Japan, Regarding Deposition. Signed by Judge Christopher J. Burke on 3/28/2022. (mlc)
March 25, 2022 Filing 324 REDACTED VERSION of #311 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
March 25, 2022 Filing 323 Letter to Honorable Christopher J. Burke from Andrew E. Russell regarding the omission of a proposed order in the Discovery Dispute letter - re #312 Letter,. (Attachments: #1 Text of Proposed Order)(Russell, Andrew)
March 25, 2022 Filing 322 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Parties Joint Request for Entry of an Order regarding Foreign Deposition. (Attachments: #1 Commission Order)(Silver, Daniel)
March 24, 2022 Filing 321 NOTICE OF SERVICE of Defendants Actavis Elizabeth LLC and Teva Pharmaceuticals USA Inc.'s Objections and Responses to Plaintiffs' Notice Of Deposition Pursuant To Fed. R. Civ. P. 30(b)(6) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
March 24, 2022 Filing 320 REDACTED VERSION of #312 Letter, by Zydus Pharmaceuticals (USA), Inc.. (Attachments: #1 Exhibit 1 - 6)(Kraman, Pilar)
March 23, 2022 Filing 319 Letter to The Honorable Christopher J. Burke from Richard C. Weinblatt regarding Prinston Pharmaceutical Inc., Zhejiang Huahai Pharmaceutical Co., Ltd., Huahai US Inc., and Solco Healthcare US, LLC's Joinder of the Defendants' Responsive Letter regarding Discovery Dispute - re #317 Letter. (Weinblatt, Richard)
March 23, 2022 Filing 318 [SEALED] EXHIBIT re #317 Letter Exhibit 3 by Sandoz Inc.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
March 23, 2022 Filing 317 Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Defendants' Responsive Letter regarding Discovery Dispute - re #314 Letter,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gattuso, Dominick)
March 23, 2022 Filing 316 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Responsive Discovery Dispute - re #312 Letter,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Certificate of Service)(Silver, Daniel)
March 22, 2022 Filing 315 NOTICE OF SERVICE of (1) Plaintiffs' Supplemental Objections and Responses to Defendants' Second Set of Joint Interrogatories (No. 11) and (2) Plaintiffs' Second Supplemental Objections and Responses to Defendants' First Set of Joint Interrogatories (Nos. 2, 4, and 6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 21, 2022 Filing 314 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Discovery Dispute Letter Brief - re 309 Order Setting Teleconference,,,,,,,,,,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order, #8 Certificate of Service)(Silver, Daniel)
March 18, 2022 Filing 313 NOTICE OF SERVICE of (1) Defendant Prinstons Second Supplemental Responses to Plaintiffs First Set of Interrogatories to Prinston (Nos. 1-17) and (2) Defendant Prinstons Second Supplemental Objections and Responses to Plaintiffs First Set of Requests for Admission to Prinston (Nos. 1-25) filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..(Weinblatt, Richard)
March 17, 2022 Filing 312 [SEALED] Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Defendants' Opening Letter in Advance of March 28, 2022 Discovery Teleconference - re #307 Joint MOTION for Teleconference to Resolve Discovery Dispute . (Attachments: #1 Exhibit 1 - 6)(Kraman, Pilar)
March 17, 2022 Filing 311 [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Discovery Dispute Letter - re 309 Order Setting Teleconference,,,,,,,,,,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order, #5 Certificate of Service)(Silver, Daniel)
March 16, 2022 Filing 310 MOTION for Teleconference to Resolve Discovery Disputes - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Joyce, Alexandra)
March 16, 2022 Pro Hac Vice Attorney Maxwell A. Fox for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., and Astellas Pharma 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. (mpb)
March 14, 2022 Opinion or Order SO ORDERED D.I. #306 MOTION for Pro Hac Vice Appearance of Attorney Maxwell A. Fox & Connor Romm filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 3/14/2022. (dlb)
March 11, 2022 Opinion or Order Filing 309 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' March 4, 2022 letter requesting a discovery dispute teleconference regarding many different discovery disputes. (D.I. 302) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to these disputes: (1) With respect to the disputes set out in Paragraphs I through III, a discovery dispute teleconference is set for March 28, 2022 at 3:00 pm before Judge Christopher J. Burke. By March 17, 2022, the movant (Plaintiffs shall be considered the movant with respect to the issues set out in Paragraphs I and III and Defendants shall be considered the movant with respect to the issues set out in Paragraph II) shall file with the Court a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By March 23, 2022, the party opposing the application for relief may file a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition. (For any of their letter briefs, Defendants shall file one consolidated letter.). By no later than March 23, 2022, the parties shall jointly provide the Court's Law Clerk, Melanie Crawford, with a dial-in number via e-mail to use for the call. The Court shall consider the joint Motion that the parties filed on March 11, (D.I. 307), to relate to this teleconference.; (2) With respect to the disputes set out in Paragraphs IV through XII, a discovery dispute teleconference is set for April 4, 2022 at 2:00 pm before Judge Christopher J. Burke. The parties shall file an additional joint "Motion for Teleconference to Resolve Discovery Dispute" with regard to this teleconference, the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website. By March 21, 2022, Plaintiffs shall file with the Court a letter, not to exceed five (5) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By March 28, 2022, Defendants shall file a consolidated responsive letter, not to exceed five (5) single-spaced pages, in no less than 12-point font, outlining Defendants reasons for their opposition. By no later than March 30, 2022, the parties shall jointly provide the Court's Law Clerk, Melanie Crawford, with a dial-in number via e-mail to use for the call.; (3) For all disputes, the parties should consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (4) The Court may choose to resolve the disputes prior to the telephone conference(s) and will, in that event, cancel the conference(s). Ordered by Judge Christopher J. Burke on 3/11/2022. (dlb)
March 11, 2022 Filing 308 NOTICE OF SERVICE of Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Supplemental Responses and Objections to Requests 16 and 21 of Plaintiffs' First Set of Requests for Admission (Nos. 1-23) filed by Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
March 11, 2022 Filing 307 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc.. Motions referred to Christopher J. Burke.(Kraman, Pilar)
March 10, 2022 Filing 306 MOTION for Pro Hac Vice Appearance of Attorney Maxwell A. Fox & Connor Romm - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certifications for Maxwell A. Fox & Connor Romm)Motions referred to Christopher J. Burke.(Silver, Daniel)
March 7, 2022 Filing 305 NOTICE OF SERVICE of (1) Plaintiffs' First Notice of Deposition of Defendant Strides Under Federal Rule of Civil Procedure 30(b)(6); (2) Plaintiffs' First Notice of Deposition of Defendant Solara Under Federal Rule of Civil Procedure 30(b)(6); (3) Plaintiffs' Second Set of Requests for Admission to Defendant Solara (Nos. 10-25); (4) Plaintiffs' Second Set of Requests for Admission to Defendant Strides (Nos. 8-23); (5) Plaintiffs' Second Set of Requests to Defendant Solara for the Production of Documents and Things (Nos. 20-30); (6) Plaintiffs' Second Set of Requests to Defendant Strides for the Production of Documents and Things (Nos. 20-30); (7) Plaintiffs' Second Set of Interrogatories to Solara (Nos. 11-13); (8) Plaintiffs' Second Set of Interrogatories to Strides (Nos. 11-13) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
March 7, 2022 Opinion or Order SO ORDERED D.I. #303 Stipulation to Amend the Case Schedule filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. The Court will resolve the parties dispute with respect to whether a meet and confer is necessary to seek additional depositions or written discovery beyond those noticed or served by March 4, 2022 pursuant to the discovery dispute process. Ordered by Judge Christopher J. Burke on 3/7/2022. (dlb)
March 4, 2022 Filing 304 NOTICE requesting Clerk to remove Lindsay Eastman as co-counsel. Reason for request: no longer affiliated with Upadhye Tang LLP. (Weinblatt, Richard)
March 4, 2022 Filing 303 STIPULATION to Amend the Case Schedule by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
March 4, 2022 Filing 302 Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding request for discovery teleconference. (Kraman, Pilar)
March 4, 2022 Filing 301 NOTICE to Take Deposition of Tatjana Joksimovic on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 300 NOTICE to Take Deposition of M.E. Kannan on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 299 NOTICE to Take Deposition of Toshihiro Yanagi on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 298 NOTICE to Take Deposition of Navin Vaya on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 297 NOTICE to Take Deposition of Makrand Avachat on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 296 NOTICE to Take Deposition of Vineeth Raghavan on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 295 NOTICE to Take Deposition of Lijie Wang on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 294 NOTICE OF SERVICE of (1) Aurobindo's Responses and Objections to Plaintiffs' Third Set of Requests for Production (Nos. 26-36) and; (2) Aurobindo's Responses and Objections to Plaintiffs' Third Set of Interrogatories (Nos. 20) filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Hitch, Cortlan)
March 4, 2022 Filing 293 NOTICE to Take Deposition of V. Naga Prasad on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 292 NOTICE to Take Deposition of Sreekanth Manikonda on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 291 NOTICE to Take Deposition of Krishnamachary Daroori on a mutually agreed upon date and time filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 290 NOTICE OF SERVICE of (1) Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Responses and Objections to Plaintiffs' Third Set of Requests for Production of Documents and Things (Nos. 26-36) (2) Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Responses and Objections to Plaintiffs' Third Set of Interrogatories to Actavis (No. 20) filed by Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
March 4, 2022 Filing 289 NOTICE OF SERVICE of (i) Sandoz Inc.'s Responses and Objections to Plaintiffs' Third Set of Requests for the Production of Documents and Things (Nos. 26-36) [CONFIDENTIAL]; and, (ii) Sandoz Inc.'s Answers and Objections to Plaintiffs' Third Set of Interrogatories (No. 20) [CONFIDENTIAL] filed by Sandoz Inc..(Gattuso, Dominick)
March 4, 2022 Filing 288 NOTICE to Take Deposition of Kazuhiro Sako on April 10-11, 2022 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 4, 2022 Filing 287 NOTICE OF SERVICE of Lupin Limited and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' Third Set of Interrogatories (Nos. 21-24) and Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff's Third Set of Requests for the Production of Documents and Things (Nos. 26-36) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
March 4, 2022 Filing 286 NOTICE OF SERVICE of (i) Defendants' Objections and Responses to Plaintiffs' Third Set of Requests for the Production of Documents and Things (Nos. 26-36); and (ii) Defendants' Objections and Responses to Plaintiffs' Third Set of Interrogatories (No. 20) filed by Apotex Corp., Apotex Inc..(Seaman, John)
March 4, 2022 Filing 285 NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' Third Set of Requests to Defendants for the Production of Documents and Things (Nos. 26-36); and 2) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' Third Set of Interrogatories to Zydus (No. 20) filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
March 4, 2022 Filing 284 NOTICE OF SERVICE of (1) Plaintiffs' Responses and Objections to Defendants' Third Set of Joint Interrogatories to Plaintiffs (Nos. 13-15); (2) Plaintiffs' Responses and Objections to Lupin's First Set of Individual Interrogatories (Nos. 1-7); (3) Plaintiffs' Responses and Objections to Lupin's First Set of Requests for Production of Documents and Things (Nos. 1-6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
March 3, 2022 Filing 283 NOTICE OF SERVICE of (i) Sawai Defendants' Reponses and Objections to Plaintiffs' Third Set of Interrogatories to Sawai (No. 21); and, (ii) Sawai Defendants' Responses and Objections to Plaintiffs' Second Set of Requests for Production of Documents and Things to Sawai (No. 26-36) filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
March 3, 2022 Filing 282 NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Fifth Joint Set of Requests for Production of Documents and Things (Nos. 38-39) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 3, 2022 Filing 281 NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's First Supplemental Objections and Responses to Plaintiffs' First Set of Interrogatories to Zydus (Nos. 1-16) filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
March 2, 2022 Filing 280 NOTICE OF SERVICE of Defendants' Response to Plaintiffs' Notice of Deposition of Apotex Defendants Under Federal Rule of Civil Procedure 30(b)(6) filed by Apotex Corp., Apotex Inc..(Seaman, John)
March 2, 2022 Filing 279 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Notice of Deposition Pursuant Federal Rule of Civil Procedure 30(b)(6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 1, 2022 Filing 278 NOTICE OF SERVICE of Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' Notice of Deposition of Defendant Zydus Under Federal Rule of Civil Procedure 30(b)(6) filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
February 28, 2022 Filing 277 NOTICE OF SERVICE of Prinstons Response and Objections to Plaintiffs 30(b)(6) Deposition Notice filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..(Weinblatt, Richard)
February 28, 2022 Filing 276 NOTICE OF SERVICE of Lupin Limited and Lupin Pharmaceuticals, Inc.s Objections and Responses to Plaintiffs Amended Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) (Topics 1-35) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
February 25, 2022 Filing 275 NOTICE OF SERVICE of (1) Plaintiffs' Responses and Objections to Fourth Joint Set of Requests for Production of Documents and Things (No. 37) and (2) Plaintiffs' Responses and Objections to Defendant Sandoz Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 3-4) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
February 25, 2022 Filing 274 NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Supplemental Objections and Responses to Plaintiffs' First Set of Requests for Admission (Nos. 1-26) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
February 18, 2022 Filing 273 NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Responses to Defendants' First Set of Joint Interrogatories (Nos. 1 and 8-10) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
February 16, 2022 Filing 272 NOTICE OF SERVICE of Sandoz Inc.'s First Supplemental Answers and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-16) filed by Sandoz Inc..(Gattuso, Dominick)
February 9, 2022 Opinion or Order Filing 271 ORAL ORDER: The Court having reviewed the parties' Joint Status Report, (D.I. 270), hereby ORDERS that to the extent the parties cannot resolve any of the discovery disputes described therein after further meeting and conferring, they may utilize the Court's discovery dispute procedures to address any such issues. Ordered by Judge Christopher J. Burke on 2/9/2020. (dlb)
February 9, 2022 Filing 270 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Joint Status Report. (Silver, Daniel)
February 8, 2022 Filing 269 NOTICE OF SERVICE of Defendant Apotex Inc. and Apotex Corp.'s Supplemental Objections and Responses to Plaintiffs' First Set of Requests for Admission (Nos. 1-18) filed by Apotex Corp., Apotex Inc..(Seaman, John)
February 4, 2022 Filing 268 NOTICE OF SERVICE of (1) Defendants' Fifth Joint Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 38-39) (2) Defendants' Third Set of Joint Interrogatories to Plaintiffs (No. 13-15) filed by Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
February 4, 2022 Filing 267 NOTICE OF SERVICE of Defendant Apotex Inc. and Apotex Corp.'s Supplemental Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 8 and 12-14) filed by Apotex Corp., Apotex Inc..(Seaman, John)
February 3, 2022 Filing 266 NOTICE OF SERVICE of Defendant Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Supplemental Responses and Objections to Interrogatories 7, 9, 10 and 15 of Plaintiffs' First Set of Interrogatories to Activas filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
February 3, 2022 Filing 265 NOTICE OF SERVICE of Plaintiffs' First Amended Notice of Deposition of Defendant Lupin Under Federal Rule of Civil Procedure 30(b)(6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
February 3, 2022 Filing 264 NOTICE OF SERVICE of (1) Plaintiffs' Third Set of Interrogatories to Defendants and (2) Plaintiffs' Third Set of Requests to Defendants for the Production of Documents and Things (Nos. 26-36) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
February 2, 2022 Filing 263 NOTICE OF SERVICE of Defendants Lupin Limited and Lupin Pharmaceuticals, Inc.'s First Set of Individual Interrogatories (Nos. 1-7) and Defendants Lupin Limited and Lupin Pharmaceuticals, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-6) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
January 31, 2022 Filing 262 NOTICE OF SERVICE of (1) Aurobindo's Responses and Objections to Plaintiffs' Second Set of Requests for Admission (Nos. 22-24) and; (2) Aurobindo's Responses and Objections to Plaintiffs' Second Set of Interrogatories (Nos. 17-18) filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
January 31, 2022 Filing 261 NOTICE OF SERVICE of (i) Defendant Apotex's Response to Plaintiffs' Second Set of Requests for Admission; and (ii) Defendant Apotex's Response to Plaintiffs' Second Set Interrogatories (Nos. 17-19) filed by Apotex Corp., Apotex Inc..(Seaman, John)
January 28, 2022 Filing 260 NOTICE OF SERVICE of Defendants' Fourth Joint Set of Requests for the Production of Documents and Things to Plaintiffs (No. 37) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
January 27, 2022 Filing 259 NOTICE OF SERVICE of Sandoz Inc.'s Second Set of Requests for The Production of Documents and Things to Plaintiffs (Nos. 3-4) filed by Sandoz Inc..(Gattuso, Dominick)
January 25, 2022 Filing 258 NOTICE OF SERVICE of Plaintffs' Notice of Deposition of Defendants Under Federal Rule of Civil Procedure 30(b)(6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
January 24, 2022 Filing 257 NOTICE OF SERVICE of (1) Defendant Prinstons Objections and Responses to Plaintiffs Second Set of Requests for Admission to Prinston (Nos. 26-31) and (2) Defendant Prinstons Objections and Responses to Plaintiffs Second Set of Interrogatories to Prinston (Nos. 18-20) filed by Huahai US Inc., Prinston Pharmaceutical Inc., Zhejiang Huahai Pharmaceutical Co., Ltd..(Weinblatt, Richard)
January 24, 2022 Filing 256 NOTICE OF SERVICE of (i) Sandoz Inc.'s Objections and Answers to Plaintiffs' Second Set of Requests for Admission (Nos. 29-34) [CONFIDENTIAL]; and, (ii) Sandoz Inc.'s Answers and Objections to Plaintiffs' Second Set of Interrogatories (Nos. 17-19) [CONFIDENTIAL] filed by Sandoz Inc..(Gattuso, Dominick)
January 24, 2022 Filing 255 NOTICE OF SERVICE of (i) Sawai's Responses and Objections to Plaintiffs Second Set of Requests for Admission to Sawai (Nos. 30-32) [CONFIDENTIAL]; and, (ii) Sawai Defendants' Responses and Objections to Plaintiffs Second Set of Interrogatories to Sawai (Nos. 18-19) [CONFIDENTIAL] filed by Sawai USA, Inc..(Gattuso, Dominick)
January 24, 2022 Filing 254 NOTICE OF SERVICE of (1) Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Responses and Objections to Plaintiffs' Second Set of Requests for Admission (Nos. 24-29) (2) Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's, Responses and Objections to Plaintiffs' Second Set of Interrogatories to Actavis (Nos. 17-19) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
January 24, 2022 Filing 253 NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' Second Set of Requests for Admission (Nos. 27-32) and Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' Second Set of Interrogatories (Nos. 18-20) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
January 24, 2022 Filing 252 NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' Second Set of Interrogatories to Zydus (Nos. 17-19); and 2) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' Second Set of Requests for Admission to Defendant Zydus (Nos. 20-25) filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
January 21, 2022 Filing 251 NOTICE OF SERVICE of Defendant Prinstons Revised and Supplemental Responses to Plaintiffs First Set of Interrogatories to Prinston (Nos. 1-17) filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..(Weinblatt, Richard)
January 21, 2022 Filing 250 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Third Set of Joint Requests for Production (No. 36) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
January 20, 2022 Filing 249 NOTICE to Take Deposition of Plaintiffs Astellas Pharma Inc., Astellas Ireland Co., Ltd., and Astellas Pharma Global Development, Inc., pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, on a mutually agreed upon date filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
January 14, 2022 Filing 248 NOTICE OF SERVICE of (i) Defendant Strides' Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-19); (ii) Defendant Solara's Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-10); (iii) Defendant Strides' Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-10); (iv) Defendant Solara's Responses and Objections to Plaintiffs' First Set of Requests for Admission (Nos. 1-9); (v) Defendant Strides' Responses and Objections to Plaintiffs' First Set of Requests for Admission (Nos. 1-7); and, (vi) Defendant Solara's Responses and Objections to Plaintiffs' First Set of Requests For Production of Documents and Things (Nos. 1-19) filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited.(Gattuso, Dominick)
January 11, 2022 Pro Hac Vice Attorney Catherine E. O'Brien for Sawai Pharmaceutical Co., Ltd. and Sawai USA, 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. (mal)
January 11, 2022 Pro Hac Vice Attorney Christopher M. Bruno for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., and Astellas Pharma 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. (twk)
January 10, 2022 Filing 247 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' First Set of Joint Requests for Admission (Nos. 1-28) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
January 10, 2022 Opinion or Order SO ORDERED D.I. (10 in 1:21-cv-01771-JFB, 246 in 1:20-cv-01589-JFB-CJB) Stipulation regarding case consolidation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.. Ordered by Judge Christopher J. Burke on 1/10/2022. Associated Cases: 1:21-cv-01771-JFB, 1:20-cv-01589-JFB-CJB(mlc)
January 6, 2022 Filing 246 STIPULATION and [Proposed] Order Regarding Case Consolidation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
January 5, 2022 Filing 245 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Second Set of Joint Interrogatories (Nos. 11-12) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
December 23, 2021 Filing 244 NOTICE OF SERVICE of (1) Plaintiff's Second Set of Requests for Admissions, and (2) Plaintiffs' Second Set of Interrogatories filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
December 23, 2021 Filing 243 NOTICE to Take Deposition of Yuuki Takashi on February 11, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 242 NOTICE to Take Deposition of Yutaka Takahashi on February 16, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 241 NOTICE to Take Deposition of Takashi Nishizato on February 18, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 240 NOTICE to Take Deposition of Soichiro Nakamura on February 7, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 239 NOTICE to Take Deposition of Mark Schwitzenberg on February 28, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 238 NOTICE to Take Deposition of Kazuhiro Sako on March 2, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 237 NOTICE to Take Deposition of Judy Kannenberg on February 25, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 236 NOTICE to Take Deposition of John DeMay on February 23, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 235 NOTICE to Take Deposition of Emiko Murayama on February 9, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 23, 2021 Filing 234 NOTICE to Take Deposition of Daisuke Murayama on February 14, 2022 filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
December 22, 2021 Filing 233 NOTICE OF SERVICE of Defendants' Third Joint Set of Requests for the Production of Documents and Things to Plaintiffs (No. 36) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
December 21, 2021 Filing 232 ANSWER to #225 Answer to Complaint,, Counterclaim, of Defendant/Counterclaimant Prinston Pharmaceutical, Inc. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
December 20, 2021 Opinion or Order SO ORDERED D.I. #228 MOTION for Pro Hac Vice Appearance of Attorney Christopher M. Bruno filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc., and D.I. #231 MOTION for Pro Hac Vice Appearance of Attorney Catherine E. O'Brien of Katten Muchin Rosenman LLP filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc. Ordered by Judge Christopher J. Burke on 12/20/2021. (dlb)
December 15, 2021 Filing 231 MOTION for Pro Hac Vice Appearance of Attorney Catherine E. O'Brien of Katten Muchin Rosenman LLP - filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. Motions referred to Christopher J. Burke.(Gattuso, Dominick)
December 10, 2021 Filing 230 NOTICE OF SERVICE of Defendants' First Set of Joint Requests for Admission to Plaintiffs (Nos. 1 - 28) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
December 9, 2021 Filing 229 NOTICE requesting Clerk to remove Celine Jimenez Crowson as co-counsel.. (Silver, Daniel)
December 8, 2021 Filing 228 MOTION for Pro Hac Vice Appearance of Attorney Christopher M. Bruno - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certification for Christopher M. Bruno)Motions referred to Christopher J. Burke.(Silver, Daniel)
December 8, 2021 Filing 227 NOTICE of Change of Firm Affiliation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Silver, Daniel)
December 6, 2021 Filing 226 NOTICE requesting Clerk to remove Payne McQueen Montgomery as co-counsel. Reason for request: No Longer with Knobbe Martens Olson & Bear LLP. (Haney, Megan)
November 30, 2021 Filing 225 ANSWER to #1 Complaint,,, , COUNTERCLAIM against Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. by Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd., Huahai US Inc..(Weinblatt, Richard)
November 29, 2021 Filing 224 REDACTED VERSION of #220 Reply Brief, in support of its Motion to Dismiss Plaintiffs' First Amended Complaint by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited. (Attachments: #1 Exhibit A)(Gattuso, Dominick)
November 26, 2021 Filing 223 NOTICE of Appearance by Richard Charles Weinblatt on behalf of Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd. (Weinblatt, Richard)
November 23, 2021 Filing 222 NOTICE of Change of Firm Affiliation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Joyce, Alexandra)
November 23, 2021 Filing 221 NOTICE OF SERVICE of (1) Plaintiffs' First Set of Requests to Defendant Strides for the Production of Document and Things (Nos. 1-19); (2) Plaintiffs' First Set of Requests for Admission to Strides (Nos. 1-7); (3) Plaintiffs' First Set of Interrogatories to Strides (Nos. 1-10); (4) Plaintiffs' First Set of Interrogatories to Solara (Nos. 1-10); (5) Plaintiffs' First Set of Requests to Defendant Solara for the Production of Documents and Things (Nos. 1-19); (6) Plaintiffs' First Set of Request for Admission to Solara (Nos. 1-9) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
November 22, 2021 Filing 220 [SEALED] REPLY BRIEF in Support of Its Motion to Dismiss Plaintiffs' First Amended Complaint filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Gattuso, Dominick)
November 22, 2021 Filing 219 NOTICE OF SERVICE of Defendants' Second Set of Joint Interrogatories to Plaintiffs (Nos. 11-12) filed by Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
November 15, 2021 Filing 218 REDACTED VERSION of #214 Answering Brief in Opposition, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
November 15, 2021 Opinion or Order Filing 217 STIPULATION AND ORDER to Extend Time re #216 . Signed by Judge Joseph F. Bataillon on 11/15/2021. (nmg)
November 15, 2021 Opinion or Order Filing 216 STIPULATION and Order Extending the deadline for Defendants to Submit a Reply Brief in support of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint from November 15, 2021 to November 22, 2021 by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited. (Gattuso, Dominick)
November 10, 2021 Filing 215 NOTICE of Withdrawal of Beth A. Swadley by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc. (Kraman, Pilar)
November 8, 2021 Filing 214 [SEALED] ANSWERING BRIEF in Opposition to Strides and Solara's Motion to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim Under Fed. R. Civ. P. 12(b)(6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..Reply Brief due date per Local Rules is 11/15/2021. (Attachments: #1 Exhibit 1-6, #2 Certificate of Service)(Silver, Daniel)
November 4, 2021 Filing 213 NOTICE of of Withdrawal of Motion to Dismiss by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd. re #76 Opening Brief in Support, #77 Declaration, #125 Reply Brief (Stamoulis, Stamatios)
November 3, 2021 Filing 212 STIPULATION TO EXTEND TIME the Deadline for the Substantial Completion of Document Production to November 24, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
November 3, 2021 Opinion or Order SO ORDERED D.I. #212 STIPULATION TO EXTEND TIME the Deadline for the Substantial Completion of Document Production to November 24, 2021 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 11/3/2021. (dlb)
November 1, 2021 Filing 211 NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendants' Second Set of Joint Requests for Production (Nos. 33-35) and (2) Plaintiffs' Objections and Responses to Sandoz Inc.'s First Set of Requests for Production (Nos. 1-2) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
October 26, 2021 Filing 210 REDACTED VERSION of #200 Opening Brief in Support, by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
October 26, 2021 Opinion or Order Filing 209 STIPULATION AND ORDER - the deadline for Defendants to file a public version of Defendants' Opening Brief in Support of their Motion to Dismiss Plaintiffs' Amended Complaint (D.I. #200 ) is extended to and including Wednesday, October 27, 2021 (from Monday, October 25, 2021). Signed by Judge Joseph F. Bataillon on 10/26/2021. (nmg)
October 26, 2021 Opinion or Order Filing 208 STIPULATION AND ORDER - the deadline for Plaintiffs to Submit an Answering Brief In Opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint is extended to and including Monday, November 8, 2021 (from Monday, November 1, 2021). Signed by Judge Joseph F. Bataillon on 10/26/2021. (nmg)
October 26, 2021 Filing 207 STIPULATION TO EXTEND TIME Public Version of Defendants' Opening Brief in Support of their Motion to Dismiss to October 27, 2021 - filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited. (Gattuso, Dominick)
October 26, 2021 Opinion or Order SO ORDERED D.I. #206 STIPULATION TO EXTEND TIME the Deadline for Substantial Completion of Document Production to November 3, 2021 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 10/26/2021. (dlb)
October 25, 2021 Filing 206 STIPULATION TO EXTEND TIME the Deadline for Substantial Completion of Document Production to November 3, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
October 25, 2021 Filing 205 STIPULATION TO EXTEND TIME the Deadline for Plaintiffs to Submit an Answering Brief In Opposition to Defendants' Motion to Dismiss Plainiffs' First Amended Complaint to November 8, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
October 25, 2021 Opinion or Order Filing 204 STIPULATION AND ORDER. Signed by Judge Joseph F. Bataillon on 10/25/2021. (nmg) Modified on 10/25/2021 (nmg).
October 20, 2021 Filing 203 STIPULATION of Dismissal Without Prejudice as to Alkem Laboratories Ltd. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
October 18, 2021 Filing 202 CERTIFICATE OF SERVICE of Defendants Solara Active Pharma Sciences Limiteds and Strides Pharma Sciences Limited's Opening Brief in Support of their Motion to Dismiss Plaintiffs' Amended Complaint by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited re #200 Opening Brief in Support, (Gattuso, Dominick)
October 18, 2021 Filing 201 EXHIBIT re #200 Opening Brief in Support, Ex 1-2 by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited. (Gattuso, Dominick)
October 18, 2021 Filing 200 [SEALED] OPENING BRIEF in Support re #199 MOTION to Dismiss for Failure to State a Claim filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited.Answering Brief/Response due date per Local Rules is 11/1/2021. (Gattuso, Dominick)
October 18, 2021 Filing 199 MOTION to Dismiss for Failure to State a Claim - filed by Solara Active Pharma Sciences Limited, Strides Pharma Science Limited. (Attachments: #1 Text of Proposed Order)(Gattuso, Dominick) Modified on 11/23/2021 (dlb).
October 14, 2021 Filing 198 NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendants' First Set of Joint Requests for Production (Nos. 1-32), and (2) Plaintiffs' Objections and Responses to Defendants' First Set of Joint Interrogatories (1-10) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
October 12, 2021 Filing 197 NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Actavis' First Set of Individual Requests for Production (Nos. 15) and (2) Plaintiffs' Objections and Responses to Actavis' First Set of Individual Interrogatories (Nos. 1-2) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
October 8, 2021 Filing 196 NOTICE OF SERVICE of (1) Aurobindo's Responses to Plaintiffs' Second Set of Requests for Production of Documents (Nos. 4-25); (2) Aurobindo's Responses to Plaintiffs' First Set of Requests for Admissions (Nos. 1-21) and ; (3) Aurobindo's Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-16) filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
October 7, 2021 Filing 195 NOTICE OF SERVICE of (1) Defendant Prinstons Objections and Responses to Plaintiffs First Set of Requests for Admission to Prinston (Nos. 1-25), (2) Defendant Prinstons Objections and Responses to Plaintiffs First Set of Interrogatories to Prinston (Nos. 1-17), (3) Defendant Prinstons Objections and Responses to Plaintiffs Second Set of Request for the Production of Documents and Things (Nos.4-25) filed by Prinston Pharmaceutical Inc..(Stamoulis, Stamatios)
October 7, 2021 Filing 194 NOTICE OF SERVICE of (i) Sawai Defendants' Responses and Objections to Plaintiffs' First Set of Requests for Admission to Sawai (Nos. 1-29) [CONFIDENTIAL]; (ii) Sawai Defendants' Responses and Objections to Plaintiffs' Second Set of Requests for Production of Documents and Things to Sawai (Nos. 4-25) [CONFIDENTIAL]; and, (iii) Sawai Defendants' Responses and Objections to Plaintiffs First Set of Interrogatories to Sawai (Nos. 1-17) [CONFIDENTIAL] filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
October 7, 2021 Filing 193 NOTICE OF SERVICE of (i) Sandoz Inc.'s Responses and Objections to Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 4-25); (ii) Sandoz Inc.'s Objections and Answers to Plaintiffs' First Set of Requests for Admission (Nos. 1-28) [CONFIDENTIAL]; and, (iii) Sandoz Inc.'s Answers and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-16) filed by Sandoz Inc..(Gattuso, Dominick)
October 7, 2021 Filing 192 NOTICE OF SERVICE of 1. Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Responses and Objections to Plaintiffs' First Set of Requests for Admission (Nos. 1-23) 2. Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Responses and Objections to Plaintiffs' Second Set of Request to Defendants for the Production of Documents and Things (Nos. 4-25) 3. Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's Responses and Objections to Plaintiffs' First Set of Interrogatories to Actavis (Nos. 1-16) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
October 7, 2021 Filing 191 NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' Second Set of Requests to Defendants for the Production of Documents and Things (Nos. 4-25); 2) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' First Set of Interrogatories to Zydus (Nos. 1-16); and 3) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Cadila Healthcare Limited's Objections and Responses to Plaintiffs' First Set of Requests for Admission to Defendant Zydus (Nos. 1-19) filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Swadley, Beth)
October 7, 2021 Filing 190 NOTICE OF SERVICE of (1) Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-17); (2) Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 4-25); and (3) Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' First Set of Requests for Admission (Nos. 1-26) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
October 7, 2021 Filing 189 NOTICE OF SERVICE of (i) Defendants Apotex Inc. and Apotex Corp.s Objections and Responses to Plaintiffs Second Set of Requests for the Production of Documents and Things (Nos. 4-25); (ii) Defendants Apotex Inc. and Apotex Corp.s Objections and Responses to Plaintiffs First Set of Requests for Admission (Nos. 1-18); and (iii) Defendants Apotex Inc. and Apotex Corp.s Objections and Responses to Plaintiffs First Set of Interrogatories (Nos. 1-16) filed by Apotex Corp., Apotex Inc..(Seaman, John)
October 1, 2021 Filing 188 STIPULATION and Proposed Order to Stay All Deadlines Pending Execution of Settlement by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
October 1, 2021 Opinion or Order SO ORDERED D.I. (16 in 1:21-cv-00992-JFB-CJB, 188 in 1:20-cv-01589-JFB-CJB) Stipulation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. All hearings and deadlines between the Plaintiffs and Alkem are stayed for sixty (60) days, through November 30, 2021. Ordered by Judge Christopher J. Burke on 10/1/2021. Associated Cases: 1:20-cv-01589-JFB-CJB, 1:21-cv-00992-JFB-CJB(dlb)
September 30, 2021 Filing 187 NOTICE OF SERVICE of Defendants' Second Joint Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 33-35) filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
September 30, 2021 Filing 186 NOTICE OF SERVICE of Sandoz Inc's First Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 1-2) filed by Sandoz Inc..(Gattuso, Dominick)
September 27, 2021 Filing 185 DECLARATION re #58 Amended Complaint, of Service of Solara Active Pharma Sciences Limited by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
September 27, 2021 Filing 184 DECLARATION re #58 Amended Complaint, of Service of Strides Pharma Science Limited by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
September 27, 2021 Opinion or Order SO ORDERED D.I. #182 Stipulation Governing Service of Process and Response Time to Complaint filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 9/27/2021. (dlb)
September 24, 2021 Filing 183 NOTICE of Withdrawal of Motion by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. re #176 MOTION for Leave to Serve Defendants Strides and Solara Through Alternative Means (Silver, Daniel)
September 24, 2021 Filing 182 STIPULATION and [Proposed] Order Governing Service of Process and Response Time to Complaint by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
September 24, 2021 Filing 181 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Identifying Defendant Alkem's Accused Product and Plaintiffs' Asserted Patent filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
September 21, 2021 Opinion or Order SO ORDERED D.I. Nos. (14 in 1:21-cv-00992-JFB-CJB, 179 in 1:20-cv-01589-JFB-CJB) Stipulation Regarding Partial Consolidation and Partial Stay filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 9/21/2021. Associated Cases: 1:21-cv-00992-JFB-CJB, 1:20-cv-01589-JFB-CJB(dlb)
September 21, 2021 Opinion or Order SO ORDERED D.I. #180 Stipulation regarding schedule for Plaintiffs and Alkem, regarding the 780 Patent filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 9/21/2021. (dlb)
September 17, 2021 Filing 180 STIPULATION and [Proposed] Order regarding Alkem Schedule by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
September 17, 2021 Filing 179 STIPULATION and [Proposed] Order Regarding Partial Consolidation and Partial Stay by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.. (Silver, Daniel)
September 16, 2021 Filing 178 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. - re #176 MOTION for Leave to Serve Defendants Strides and Solara Through Alternative Means . (Silver, Daniel)
September 16, 2021 Filing 177 DECLARATION re #176 MOTION for Leave to Serve Defendants Strides and Solara Through Alternative Means of Jason A. Leonard, Esq. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Exhibit A & B)(Silver, Daniel)
September 16, 2021 Filing 176 MOTION for Leave to Serve Defendants Strides and Solara Through Alternative Means - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Silver, Daniel)
September 14, 2021 Filing 175 REDACTED VERSION of #173 Answer to Amended Complaint by Lek Pharmaceuticals D.D.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
September 14, 2021 Pro Hac Vice Attorney Sharon Lin for Actavis Elizabeth LLC, Teva Pharmaceuticals USA, 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. (twk)
September 14, 2021 Opinion or Order SO ORDERED D.I. #172 MOTION for Pro Hac Vice Appearance of Attorney Sharon Lin filed by Teva Pharmaceuticals USA, Inc.. Ordered by Judge Christopher J. Burke on 9/14/2021. (dlb)
September 7, 2021 Filing 174 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Novartis Pharma AG for Lek Pharmaceuticals D.D. filed by Lek Pharmaceuticals D.D.. (Gattuso, Dominick)
September 7, 2021 Filing 173 [SEALED] ANSWER to Amended Complaint, re: #65 Amended Complaint, by Lek Pharmaceuticals D.D.. (Attachments: #1 Certificate of Service)(Gattuso, Dominick)
September 2, 2021 Filing 172 MOTION for Pro Hac Vice Appearance of Attorney Sharon Lin - filed by Teva Pharmaceuticals USA, Inc.. Motions referred to Christopher J. Burke.(Russell, Andrew)
September 1, 2021 Filing 171 NOTICE OF SERVICE of 1. Defendants' Joint Interrogatories to Plaintiffs (Nos. 1-10) 2. Defendants' Joint Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 1-32) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
September 1, 2021 Opinion or Order SO ORDERED D.I. #170 Stipulation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 9/1/2021. (dlb)
August 31, 2021 Filing 170 STIPULATION and [Proposed] Order to Forgo Answer to Counterclaims by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 27, 2021 Filing 169 NOTICE OF SERVICE of (1) Defendants Actavis Elizabeth LLC and Teva Pharmaceuticals USA, Inc.'s First Set of Individual Interrogatories to Plaintiffs (Nos. 1-2) (2) Defendants Actavis Elizabeth LLC and Teva Pharmaceutical USA, Inc.'s First Set of Individual Requests for the Production of Documents and Things to Plaintiffs (Nos. 1-5) filed by Actavis Elizabeth LLC.(Russell, Andrew)
August 26, 2021 Opinion or Order SO ORDERED D.I. (10 in 1:21-cv-01141-JFB-CJB, 165 in 1:20-cv-01589-JFB-CJB) Stipulation To Forgo Answer of Appotex Inc. and Apotex Corp.. Ordered by Judge Christopher J. Burke on 8/26/2021. Associated Cases: 1:21-cv-01141-JFB-CJB, 1:20-cv-01589-JFB-CJB(dlb)
August 25, 2021 Opinion or Order Filing 168 ORDER granting #166 STIPULATION and Proposed Order Regarding Case Consolidation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. The LEAD Case shall be 20-1589-JFB-CJB and all future docket entries for these cases shall be made in the lead case only. Signed by Judge Joseph F. Bataillon on 8/25/2021. Associated Cases: 1:20-cv-01589-JFB-CJB, 1:21-cv-01141-JFB-CJB(nmg)
August 25, 2021 Filing 167 NOTICE OF SERVICE of (1) Plaintiffs First Set of Interrogatories, (2) Plaintiffs First Set of Requests for Admission, and (3) Plaintiffs Second Set of Requests for Production filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
August 24, 2021 Filing 166 STIPULATION and Proposed Order Regarding Case Consolidation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 24, 2021 Filing 165 STIPULATION To Forgo Answer of Appotex Inc. and Apotex Corp. by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.. (Joyce, Alexandra)
August 18, 2021 Filing 164 STIPULATION to Forgo Answer by Sandoz Inc.. (Gattuso, Dominick)
August 18, 2021 Opinion or Order Filing 163 ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 8/18/2021. (dlb)
August 18, 2021 Opinion or Order SO ORDERED D.I. (164 in 1:20-cv-01589-JFB-CJB, 12 in 1:21-cv-00664-JFB-CJB) STIPULATION TO FORGO ANSWER filed by Sandoz Inc. Ordered by Judge Christopher J. Burke on 8/18/2021. Associated Cases: 1:20-cv-01589-JFB-CJB, 1:21-cv-00664-JFB-CJB(dlb)
August 13, 2021 Opinion or Order Filing 162 ORAL ORDER REFERRING CASE to Mediation.. Ordered by Judge Christopher J. Burke on 8/13/2021. (dlb)
August 13, 2021 Opinion or Order Filing 161 STIPULATION AND ORDER Dismissing Defendant Actavis LLC, without prejudice. Signed by Judge Joseph F. Bataillon on 8/13/2021. Associated Cases: 1:20-cv-01589-JFB-CJB, 1:21-cv-00425-JFB-CJB(nmg)
August 13, 2021 CASE REFERRED to Magistrate Judge Christopher J. Burke 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 (Taylor, Daniel)
August 12, 2021 Filing 160 NOTICE of Withdrawal of Appearance of Christopher Fitzpatrick Cannataro by Apotex Corp., Apotex Inc. re #42 Notice (Other) (Cannataro, Christopher)
August 12, 2021 Filing 159 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Teva Pharmaceutical Industries Ltd. for Teva Pharmaceuticals USA, Inc.; Other Affiliate Teva Pharmaceuticals USA, Inc. for Actavis Elizabeth LLC filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc.. (Russell, Andrew)
August 12, 2021 Filing 158 ANSWER to #1 Complaint,,, [DI 1 in C.A. No. 21-425-JFB-CJB], COUNTERCLAIM and Affirmative Defenses against All Plaintiffs by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
August 11, 2021 Filing 157 STIPULATION of Dismissal as to Actavis LLC by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Russell, Andrew)
August 11, 2021 Filing 156 STIPULATION Defendants' Notice of Withdrawal of Their Motion to Dismiss and Stipulation to Forgo Answers by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
August 11, 2021 Opinion or Order SO ORDERED D.I. (155 in 1:20-cv-01589-JFB-CJB, 10 in 1:21-cv-00664-JFB, 26 in 1:21-cv-00425-JFB-CJB) Stipulation to Consolidate cases filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. The LEAD Case shall be 20-1589-JFB-CJB and all future docket entries for these cases shall be made in the lead case only. Ordered by Judge Christopher J. Burke on 8/11/2021. Associated Cases: 1:20-cv-01589-JFB-CJB, 1:21-cv-00425-JFB-CJB, 1:21-cv-00664-JFB(dlb)
August 5, 2021 Filing 155 STIPULATION and [Proposed] Order Regarding Case Consolidation by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
July 28, 2021 Opinion or Order Filing 154 ORAL ORDER: The Court, having reviewed the parties' July 28, 2021 letter, (D.I. 153), hereby ORDERS that the claim construction deadlines set out in the Scheduling Order are CANCELLED, including the November 23, 2021 Markman hearing.. Ordered by Judge Christopher J. Burke on 7/28/2021. (dlb)
July 28, 2021 Filing 153 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding No Claim Terms for Construction and Joint Request for Removal of Claim Construction Deadlines from the Calendar. (Silver, Daniel)
July 21, 2021 Filing 152 NOTICE OF SERVICE of Defendants' Preliminary Disclosure of Claim Terms for Construction filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
July 20, 2021 Filing 151 NOTICE requesting Clerk to remove Chika S. Seidel as co-counsel.. (Silver, Daniel)
July 15, 2021 Opinion or Order SO ORDERED D.I. #150 STIPULATION TO EXTEND TIME the deadline for the parties to exchange a list of claim terms/phrases requiring construction and proposed constructions to July 21, 2021 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 7/15/2021. (dlb)
July 14, 2021 Filing 150 STIPULATION TO EXTEND TIME the deadline for the parties to exchange a list of claim terms/phrases requiring construction and proposed constructions to July 21, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
July 7, 2021 Filing 149 NOTICE OF SERVICE of Defendants' Joint Initial Invalidity Contentions (with Appendix A) filed by Sandoz Inc..(Gattuso, Dominick)
July 2, 2021 Filing 148 STIPULATION TO EXTEND TIME to serve Invalidity Contentions to July 7, 2021 - filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. (Gattuso, Dominick)
July 2, 2021 Opinion or Order SO ORDERED D.I. #148 STIPULATION TO EXTEND TIME to serve Invalidity Contentions to July 7, 2021 filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. Ordered by Judge Christopher J. Burke on 7/2/2021. (mlc)
July 1, 2021 Filing 147 Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Joint Status Update. (Silver, Daniel)
June 23, 2021 Opinion or Order Filing 146 ORAL ORDER: The Court, having reviewed the parties' recent letters, (D.I. 144; D.I. 145), notes that Plaintiffs are correct that any request by the Prinston Defendants to stay the case would be within the scope of the Court's referral, (see D.I. 6). Therefore, the Court ORDERS that if the Prinston Defendants wish to seek a stay, they must file a one-page Motion to that effect, along with an opening letter brief of no more than four single-spaced pages. The answering letter brief will be due no later than 10 days thereafter and must be no longer than four single-spaced pages. The reply letter brief will be due no later than five days thereafter and must be no longer than two single-spaced pages. Absent the grant of such a motion to stay, the case is not stayed as to the Prinston Defendants. Ordered by Judge Christopher J. Burke on 6/23/2021. (dlb)
June 17, 2021 Filing 145 Letter to The Honorable Joseph F. Bataillon from Daniel M. Silver, Esq. regarding Responsive Letter - re #144 Letter. (Silver, Daniel)
June 16, 2021 Filing 144 Letter to The Honorable Joseph F. Bataillon from Stamatios Stamoulis regarding Pending Motion to Dismiss - re #75 MOTION to Dismiss for Failure to State a Claim . (Stamoulis, Stamatios)
June 14, 2021 Filing 143 Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Sawai Group Holdings Ltd. for Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc. filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. (Gattuso, Dominick)
June 1, 2021 Filing 142 NOTICE OF SERVICE of Plaintiffs' Initial Infringement Charts filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
May 14, 2021 Filing 141 NOTICE OF SERVICE of Defendant Prinstons Objections and Responses to Plaintiffs First Set of Requests to Defendant for the Production of Documents and Things (Nos. 1-3) filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..(Stamoulis, Stamatios)
May 14, 2021 Filing 140 NOTICE OF SERVICE of Sandoz Inc. 's Responses and Objections to Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-3) filed by Sandoz Inc..(Gattuso, Dominick)
May 14, 2021 Filing 139 NOTICE OF SERVICE of Sawai Defendants Responses and Objections to Plaintiffs First Set of Requests to Defendants for the Production of Documents and Things (Nos. 1-3) filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
May 14, 2021 Filing 138 NOTICE OF SERVICE of Apotex's Objections and Responses to Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-3) filed by Apotex Corp., Apotex Inc..(Cannataro, Christopher)
May 14, 2021 Filing 137 NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceutical, Inc.'s Objections and Responses to Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-3) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
May 14, 2021 Filing 136 NOTICE OF SERVICE of Aurobindo's response to Plaintiffs' First Set of Requests for Production (Nos. 1-3) filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
May 14, 2021 Filing 135 NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc. and Cadila Healthcare Limiteds Responses and Objections to Plaintiffs First Set of Requests to Defendants for the Production of Documents and Things (Nos. 1-3) filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Swadley, Beth)
May 14, 2021 Filing 134 NOTICE OF SERVICE of (1) Defendants Teva Pharmaceuticals USA, Inc.'s and Actavis Elizabeth LLC's, Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-3) filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
May 4, 2021 Filing 133 REQUEST for Oral Argument by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. re #75 MOTION to Dismiss for Failure to State a Claim . (Silver, Daniel)
May 4, 2021 Filing 132 NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Core Technical Documents and Identification of Previously Produced ANDA and DMF filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
May 3, 2021 Filing 131 NOTICE OF SERVICE of Prinston Defendants Abbreviated New Drug Application and Drug Master File identified as bates range PRN_2020MIRAB_000001 PRN_2020MIRAB_027344 filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..(Stamoulis, Stamatios)
May 3, 2021 Filing 130 NOTICE OF SERVICE of Aurobindo's Production of Abbreviated New Drug Application filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
April 30, 2021 Filing 129 NOTICE OF SERVICE of Defendants Apotex Inc. and Apotex Corp.s Second Set of Relevant Documents (APOMIRA00050841 APOMIRA00050858) filed by Apotex Corp., Apotex Inc..(Cannataro, Christopher)
April 30, 2021 Filing 128 NOTICE OF SERVICE of Zydus Pharmaceuticals (USA) Inc. and Cadila Healthcare Limited's Core Technical Documents and identification of previously produced ANDAs, DMF, and FDA Correspondence filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Swadley, Beth)
April 30, 2021 Filing 127 NOTICE OF SERVICE of Abbreviated New Drug Application, including supplements filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
April 30, 2021 Filing 126 NOTICE OF SERVICE of Abbreviated New Drug Application, including supplements (SANMIR 0000001-0024524 and SANMIR 0111921-0112229) designated CONFIDENTIAL filed by Sandoz Inc..(Gattuso, Dominick)
April 30, 2021 Filing 125 [SEALED] REPLY BRIEF re #75 MOTION to Dismiss for Failure to State a Claim filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Stamoulis, Stamatios)
April 23, 2021 Filing 124 NOTICE OF SERVICE of (1) Defendants Teva Pharmaceuticals USA, Inc. and Actavis Elizabeth LLC's Initial Disclosures Under Paragraph 3 of the Default Standard for Discovery filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
April 23, 2021 Filing 123 NOTICE OF SERVICE of Zydus Pharmaceuticals (USA) Inc. and Cadila Healthcare Limited's Initial Disclosures Pursuant To Paragraph 3 of the Delaware Default Standard for Discovery filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Swadley, Beth)
April 23, 2021 Filing 122 NOTICE OF SERVICE of Sandoz Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery [CONFIDENTIAL] filed by Sandoz Inc..(Gattuso, Dominick)
April 23, 2021 Filing 121 NOTICE OF SERVICE of Plaintiffs' Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
April 23, 2021 Filing 120 NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
April 23, 2021 Filing 119 NOTICE OF SERVICE of Defendants Apotex Inc. and Apotex Corp.'s Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Apotex Corp., Apotex Inc..(Cannataro, Christopher)
April 22, 2021 Opinion or Order Filing 118 STIPULATION AND ORDER to Extend Time to submit a reply brief in further support of Prinston's Motion to Dismiss (D.I. #75 ) to April 30, 2021. Signed by Judge Joseph F. Bataillon on 4/22/2021. (kmd)
April 22, 2021 Filing 117 NOTICE OF SERVICE of Prinston Defendants Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..(Stamoulis, Stamatios)
April 22, 2021 Filing 116 NOTICE OF SERVICE of Aurobindo's Paragraph 3 Disclosures filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
April 21, 2021 Opinion or Order Filing 115 PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 4/21/2021. (dlb)
April 20, 2021 Filing 114 PROPOSED ORDER Stipulated Protective Order by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
April 15, 2021 Opinion or Order SO ORDERED D.I. #111 Joint STIPULATION TO EXTEND TIME to submit a proposed protective order to April 21, 2021 filed by Zydus Pharmaceuticals (USA), Inc., Cadila Healthcare Ltd. Ordered by Judge Christopher J. Burke on 4/15/2021. (mlc)
April 14, 2021 Filing 113 STIPULATION TO EXTEND TIME to submit a reply brief in further support of Prinston's Motion to Dismiss (D.I. 75) to April 30, 2021 - filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Stamoulis, Stamatios)
April 14, 2021 Filing 112 NOTICE OF SERVICE of Plaintiffs' First Set of Requests to Defendants for the Production of Documents and Things (Nos. 1-3) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
April 14, 2021 Filing 111 Joint STIPULATION TO EXTEND TIME to submit a proposed protective order to April 21, 2021 - filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc.. (Swadley, Beth)
April 13, 2021 Filing 110 [SEALED] ANSWERING BRIEF in Opposition re #75 MOTION to Dismiss for Failure to State a Claim filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..Reply Brief due date per Local Rules is 4/20/2021. (Attachments: #1 Certificate of Service)(Silver, Daniel)
April 12, 2021 Filing 109 NOTICE OF SERVICE of Sawai Pharmaceutical Co., Ltd. and Sawai USA, Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure and Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc..(Gattuso, Dominick)
April 12, 2021 Filing 108 MOTION for Pro Hac Vice Appearance of Attorney Jason Z. Pesick - filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc.. Motions referred to Christopher J. Burke.(Russell, Andrew)
April 12, 2021 Pro Hac Vice Attorney Jason Z. Pesick for Actavis Elizabeth LLC and Teva Pharmaceuticals USA, 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)
April 12, 2021 Opinion or Order SO ORDERED D.I. #108 MOTION for Pro Hac Vice Appearance of Attorney Jason Z. Pesick filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc. Ordered by Judge Christopher J. Burke on 4/12/2021. (mlc)
April 7, 2021 Filing 107 NOTICE OF SERVICE of Prinston Defendants Initial Disclosures Pursuant to Rule 26(a)(1) filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..(Stamoulis, Stamatios)
April 7, 2021 Filing 106 STIPULATION TO EXTEND TIME for Defendants Sawai Pharmaceutical Co., Ltd. and Sawai USA, Inc. to serve initial disclosures to April 12, 2021 - filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. (Gattuso, Dominick)
April 7, 2021 Filing 105 NOTICE OF SERVICE of Sandoz Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Sandoz Inc..(Gattuso, Dominick)
April 7, 2021 Filing 104 NOTICE OF SERVICE of Defendants Lupin Ltd. and Lupin Pharmaceutical, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan)
April 7, 2021 Filing 103 NOTICE OF SERVICE of Defendants Apotex Inc. and Apotex Corp.s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(A)(1) filed by Apotex Corp., Apotex Inc..(Cannataro, Christopher)
April 7, 2021 Filing 102 NOTICE OF SERVICE of Plaintiffs Rule 26(a)(1) Initial Disclosures for Litigation Involving U.S. Patent No. 10,842,780 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra)
April 7, 2021 Filing 101 NOTICE OF SERVICE of (1) Defendants Teva Pharmaceuticals USA, Inc. and Actavis Elizabeth LLC's Initial Disclosures filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
April 7, 2021 Opinion or Order SO ORDERED D.I. #106 STIPULATION TO EXTEND TIME for Defendants Sawai Pharmaceutical Co., Ltd. and Sawai USA, Inc. to serve initial disclosures to April 12, 2021 filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc. Ordered by Judge Christopher J. Burke on 4/7/2021. (mlc)
April 7, 2021 Opinion or Order SO ORDERED D.I. #95 STIPULATION TO EXTEND TIME the Deadline to Submit a Proposed Protective Order to April 14, 2021 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 4/7/2021. (mlc)
April 6, 2021 Filing 100 NOTICE OF SERVICE of Aurobindo's Rule 26(a)(1) Initial Disclosures filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC.(Dorsney, Kenneth)
April 6, 2021 Filing 99 NOTICE OF SERVICE of Zydus Pharmaceuticals (USA) Inc. and Cadila Healthcare Limited's Federal Rule of Civil Procedure 26(a)(1) Initial Disclosures filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Swadley, Beth)
April 6, 2021 Filing 98 ANSWER to #80 Answer to Amended Complaint,, Counterclaim, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
April 6, 2021 Filing 97 ANSWER to #91 Answer to Amended Complaint, Counterclaim by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
April 6, 2021 Filing 96 ANSWER to #78 Answer to Complaint, Counterclaim by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
April 6, 2021 Filing 95 STIPULATION TO EXTEND TIME the Deadline to Submit a Proposed Protective Order to April 14, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
April 5, 2021 Filing 94 REDACTED VERSION of #91 Answer to Amended Complaint, Counterclaim by Sandoz Inc.. (Attachments: #1 Exhibit Certificate of Service)(Gattuso, Dominick)
April 1, 2021 Opinion or Order Filing 93 STIPULATION AND ORDER: the deadline for Plaintiffs to submit an Answering Brief in Opposition to Prinston's Motion to Dismiss (D.I. #75 ) is extended to to and including April 13, 2021. Signed by Judge Joseph F. Bataillon on 4/1/2021. (kmd)
March 29, 2021 Filing 92 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Novartis AG for Sandoz Inc. filed by Sandoz Inc.. (Gattuso, Dominick)
March 29, 2021 Filing 91 [SEALED] ANSWER to Amended Complaint, re: #65 Amended Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs by Sandoz Inc.. (Attachments: #1 Exhibit Certificate of Service)(Gattuso, Dominick)
March 26, 2021 Filing 90 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Identifying Defendants' Accused Products and Plaintiffs' Asserted Patent filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 24, 2021 Filing 89 STIPULATION TO EXTEND TIME the deadline for Plaintiffs to submit an Answering Brief In Opposition to Prinstons Motion to Dismiss (D.I. 75) to April 13, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
March 24, 2021 Opinion or Order Filing 88 SCHEDULING ORDER: Joinder of Parties due by 1/14/2022. Amended Pleadings due by 1/14/2022. Discovery due by 3/4/2022. A Status Conference is set for 10/5/2022 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Motion Hearing is set for 11/7/2022 at 10:00 AM before Judge Joseph F. Bataillon (Courtroom to be determined). Joint Claim Construction Brief due by 11/8/2021. A Markman Hearing is set for 11/23/2021 at 10:00 AM before Judge Joseph F. Bataillon (Courtroom to be determined). A Pretrial Conference is set for 12/9/2022 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Bench Trial is set for 2/6/2023 at 09:30 AM before Judge Joseph F. Bataillon (Courtroom to be determined).. Signed by Judge Christopher J. Burke on 3/23/2021. (mlc)
March 24, 2021 Pro Hac Vice Attorney Brian Sodikoff,Matthew M. Holub for Sawai Pharmaceutical Co., Ltd.,for Sawai USA, 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. (myr)
March 23, 2021 Filing 87 REDACTED VERSION of #77 Declaration, by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Stamoulis, Stamatios)
March 23, 2021 Filing 86 REDACTED VERSION of #76 Opening Brief in Support, by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Stamoulis, Stamatios)
March 22, 2021 Filing 85 REDACTED VERSION of #80 Answer to Amended Complaint,, Counterclaim, Sawai Defendants' Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. (Attachments: #1 Exhibit Certificate of Service)(Gattuso, Dominick)
March 22, 2021 Filing 84 STIPULATION TO EXTEND TIME to Answer Amended Complaint to March 29, 2021 - filed by Sandoz Inc.. (Gattuso, Dominick)
March 22, 2021 Opinion or Order Filing 83 ORAL ORDER: The Court, having reviewed the parties' joint letter, (D.I. 70-1), and concluding that it does not need argument to resolve the disputed issues relating to the proposed Scheduling Order, hereby ORDERS that today's Case Management Conference is CANCELLED. If at any future point the parties wish to convene a Case Management/Status Conference with the Court, they may alert the Court by filing a letter. Ordered by Judge Christopher J. Burke on 3/22/2021. (dlb)
March 22, 2021 Opinion or Order SO ORDERED D.I. #84 STIPULATION TO EXTEND TIME to Answer Amended Complaint to March 29, 2021 filed by Sandoz Inc. Ordered by Judge Christopher J. Burke on 3/22/2021. (dlb)
March 18, 2021 Pro Hac Vice Attorney Michael K. Nutter for Actavis Elizabeth LLC and Teva Pharmaceuticals USA, 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)
March 17, 2021 Pro Hac Vice Attorney Martin S. Masar, III for Sawai Pharmaceutical Co., Ltd., for Sawai USA, 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. (myr)
March 16, 2021 Filing 82 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Zhejiang Huahai Pharmaceutical Co., Ltd. for Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd. filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Stamoulis, Stamatios)
March 16, 2021 Filing 81 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Sawai Pharmaceutical Co. Ltd. for Sawai USA, Inc. filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. (Gattuso, Dominick)
March 16, 2021 Filing 80 [SEALED] ANSWER to Amended Complaint, re: #58 Amended Complaint, with Jury Demand Sawai Defendants' Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint, COUNTERCLAIM against All Plaintiffs by Sawai USA, Inc., Sawai Pharmaceutical Co., Ltd.. (Attachments: #1 Exhibit Certificate of Service)(Gattuso, Dominick)
March 16, 2021 Filing 79 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Teva Pharmaceutical Industries Ltd. for Teva Pharmaceuticals USA, Inc.; Corporate Parent Teva Pharmaceuticals USA, Inc. for Actavis Elizabeth LLC filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc.. (Russell, Andrew)
March 16, 2021 Filing 78 ANSWER to #1 Complaint,,, , COUNTERCLAIM and Affirmative Defenses against All Plaintiffs by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc..(Russell, Andrew)
March 16, 2021 Filing 77 [SEALED] DECLARATION re #76 Opening Brief in Support, of Brent Batzer by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Attachments: #1 Exhibit 1-4)(Stamoulis, Stamatios)
March 16, 2021 Filing 76 [SEALED] OPENING BRIEF in Support re #75 MOTION to Dismiss for Failure to State a Claim filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd..Answering Brief/Response due date per Local Rules is 3/30/2021. (Stamoulis, Stamatios)
March 16, 2021 Filing 75 MOTION to Dismiss for Failure to State a Claim - filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Attachments: #1 Text of Proposed Order)(Stamoulis, Stamatios)
March 16, 2021 Filing 74 MOTION for Pro Hac Vice Appearance of Attorney Martin S. Masar III, Ph.D. of Katten Muchin Rosenman LLP - filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. Motions referred to Christopher J. Burke.(Gattuso, Dominick)
March 16, 2021 Opinion or Order Filing 73 Oral Order Setting Telephonic Scheduling Conference: A Case Management/Scheduling Conference is set for 3/22/2021 at 3:00 PM before Judge Christopher J. Burke. By no later than March 18, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 3/16/2021. (dlb)
March 16, 2021 Opinion or Order SO ORDERED D.I. #69 MOTION for Pro Hac Vice Appearance of Attorney Greg L. Goldblatt of Rakoczy Molino Mazzochi Siwik LLP filed by Sandoz Inc., and D.I. #72 MOTION for Pro Hac Vice Appearance of Attorney Michael K. Nutter filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc. Ordered by Judge Christopher J. Burke on 3/16/2021. (dlb)
March 16, 2021 Opinion or Order SO ORDERED D.I. #74 MOTION for Pro Hac Vice Appearance of Attorney Martin S. Masar III, Ph.D. of Katten Muchin Rosenman LLP filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc. Ordered by Judge Christopher J. Burke on 3/16/2021. (dlb)
March 16, 2021 Pro Hac Vice Attorney Greg L. Goldblatt for Sandoz 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. (myr)
March 15, 2021 Filing 72 MOTION for Pro Hac Vice Appearance of Attorney Michael K. Nutter - filed by Actavis Elizabeth LLC, Teva Pharmaceuticals USA, Inc.. Motions referred to Christopher J. Burke.(Keller, Karen)
March 15, 2021 Filing 71 REDACTED VERSION of #65 Amended Complaint, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
March 12, 2021 Filing 70 PROPOSED ORDER [Proposed] Scheduling Order (with Disputed Provisions) re 50 Oral Order,,,,, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Joint Letter Regarding Proposed Scheduling Order Disputes and Case Management Checklist, #2 Judge Burke's Case Management Checklist)(Silver, Daniel)
March 11, 2021 Filing 69 MOTION for Pro Hac Vice Appearance of Attorney Greg L. Goldblatt of Rakoczy Molino Mazzochi Siwik LLP - filed by Sandoz Inc.. Motions referred to Christopher J. Burke.(Gattuso, Dominick)
March 11, 2021 Opinion or Order Filing 68 STIPULATION AND ORDER dismissing Defendant Actavis, LLC without prejudice. Signed by Judge Joseph F. Bataillon on 3/11/2021. (amf)
March 11, 2021 Pro Hac Vice Attorney Michael J. Gaertner, David B. Abramowitz, Carolyn A. Blessing, Emily L. Savas, Jennifer M. Coronel, Smitha B. Uthaman for Cadila Healthcare Ltd. and Zydus Pharmaceuticals (USA), 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)
March 10, 2021 Filing 67 ANSWER to #52 Answer to Complaint, Counterclaim by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
March 10, 2021 Opinion or Order SO ORDERED D.I. #51 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Gaertner, David B. Abramowitz, Carolyn A. Blessing, Emily Savas, Jennifer Coronel and Smitha B. Uthaman filed by Zydus Pharmaceuticals (USA), Inc., Cadila Healthcare Ltd. Ordered by Judge Christopher J. Burke on 3/10/2021. (dlb)
March 9, 2021 Filing 66 REDACTED VERSION of #58 Amended Complaint, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
March 8, 2021 Filing 65 [SEALED] First AMENDED COMPLAINT against Sandoz Inc., Lek Pharmaceuticals D.D.- filed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Silver, Daniel)
March 5, 2021 Filing 64 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Apotex Holdings Inc. for Apotex Corp. filed by Apotex Corp., Apotex Inc.. (Seaman, John)
March 5, 2021 Filing 63 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Apotex Pharmaceutical Holdings Inc. for Apotex Inc. filed by Apotex Corp., Apotex Inc.. (Seaman, John)
March 5, 2021 Filing 62 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Cadila Healthcare Limited for Zydus Pharmaceuticals (USA), Inc. filed by Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
March 5, 2021 Filing 61 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Cadila Healthcare Ltd.. (Kraman, Pilar)
March 5, 2021 Filing 60 ANSWER to #1 Complaint,,, Affirmative Defenses by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc..(Kraman, Pilar)
March 5, 2021 Opinion or Order SO ORDERED D.i. #59 STIPULATION TO EXTEND TIME the deadlines set forth in the Courts February 2, 2021 Oral Order (D.I. 50) requiring the parties to submit (i) a copy Judge Burkes Case Management Checklist, (ii) a Proposed Scheduling Order, and (iii) a joint letter to March 12, 2021 Ordered by Judge Christopher J. Burke on 3/5/2021. (dlb)
March 4, 2021 Filing 59 STIPULATION TO EXTEND TIME the deadlines set forth in the Courts February 2, 2021 Oral Order (D.I. 50) requiring the parties to submit (i) a copy Judge Burkes Case Management Checklist, (ii) a Proposed Scheduling Order, and (iii) a joint letter to March 12, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
March 2, 2021 Filing 58 [SEALED] First AMENDED COMPLAINT Against Sawai Pharmaceutical Co., Ltd., Sawai USA Inc., Strides Pharma Science Limited and Solara Active Pharma Sciences Limited against Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc., Strides Pharma Science Limited, Solara Active Pharma Sciences Limited- filed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Silver, Daniel)
March 1, 2021 Pro Hac Vice Attorney Rachel P. Waldron for Sandoz 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)
February 26, 2021 Filing 57 STIPULATION TO EXTEND TIME for Defendants Zydus Pharmaceuticals (USA) Inc. and Cadila Healthcare Limited to answer Plaintiffs Astellas Pharma Inc., Astellas Ireland Co., Ltd., and Astellas Pharma Global Development, Inc.'s Complaint (D.I. 1) to March 5, 2021 - filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc.. (Kraman, Pilar)
February 26, 2021 Pro Hac Vice Attorney Deanne M. Mazzochi for Sandoz 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. (sam)
February 26, 2021 Opinion or Order SO ORDERED D.I. #57 STIPULATION TO EXTEND TIME for Defendants Zydus Pharmaceuticals (USA) Inc. and Cadila Healthcare Limited to answer Plaintiffs Astellas Pharma Inc., Astellas Ireland Co., Ltd., and Astellas Pharma Global Development, Inc.'s Complaint (D.I. 1) to filed by Zydus Pharmaceuticals (USA), Inc., Cadila Healthcare Ltd.. Ordered by Judge Christopher J. Burke on 2/26/2021. (dlb)
February 24, 2021 Filing 56 STIPULATION of Dismissal (and proposed Order) as to defendant Actavis LLC (without prejudice) by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Keller, Karen)
February 23, 2021 Filing 55 ANSWER to #47 Answer to Complaint, Counterclaim by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
February 22, 2021 Filing 54 ANSWER to #46 Answer to Complaint,, Counterclaim, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel)
February 17, 2021 Filing 53 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Aurobindo Pharma Ltd. for Aurobindo Pharma USA, Inc.; Corporate Parent Aurobindo Pharma USA, Inc. for Aurolife Pharma LLC filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC. (Dorsney, Kenneth)
February 17, 2021 Filing 52 ANSWER to #1 Complaint,,, , COUNTERCLAIM against All Plaintiffs by Aurobindo Pharma USA, Inc., Aurolife Pharma LLC, Aurobindo Pharma Ltd..(Dorsney, Kenneth)
February 11, 2021 Filing 51 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Gaertner, David B. Abramowitz, Carolyn A. Blessing, Emily Savas, Jennifer Coronel and Smitha B. Uthaman - filed by Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc.. (Swadley, Beth)
February 9, 2021 Pro Hac Vice Attorney Payne McQueen Montgomery for Lupin Ltd. and Lupin 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)
February 9, 2021 Pro Hac Vice Attorneys Andrea L. Cheek and Carol M. Pitzel Cruz for Lupin Ltd. and Lupin 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)
February 9, 2021 Pro Hac Vice Attorney William R. Zimmerman for Lupin Ltd. and Lupin 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)
February 9, 2021 Opinion or Order SO ORDERED D.I. #49 MOTION for Pro Hac Vice Appearance of Attorney William R. Zimmerman, Andrea L. Cheek, Payne McQueen Montgomery and Carol Pitzel Cruz filed by Lupin Ltd., Lupin Pharmaceuticals, Inc. Ordered by Judge Christopher J. Burke on 2/9/2021. (dlb)
February 8, 2021 Pro Hac Vice Attorney Jason A. Leonard for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc. and Astellas Pharma 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. (mal)
February 4, 2021 Pro Hac Vice Attorney William A. Rakoczy for Sandoz 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)
February 4, 2021 Pro Hac Vice Attorneys Lance A. Soderstrom, Joseph M. Janusz, Jillian M. Schurr for Apotex Corp. and Apotex 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)
February 2, 2021 Opinion or Order Filing 50 ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist (Checklist). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke/s "Rule 16 Scheduling Order - Patent" (and with additional changes made to accommodate the fact that this is an ANDA litigation matter); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Scheduling Order can be found on Judge Burke's portion of the District Court's website.. Signed by Judge Christopher J. Burke on 2/2/2021. (dlb)
February 2, 2021 Filing 49 MOTION for Pro Hac Vice Appearance of Attorney William R. Zimmerman, Andrea L. Cheek, Payne McQueen Montgomery and Carol Pitzel Cruz - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: #1 Certification of William R. Zimmerman, #2 Certification of Andrea L. Cheek, #3 Certification of Payne McQueen Montgomery, #4 Certification of Carol Pitzel Cruz)(Haney, Megan)
February 2, 2021 Filing 48 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Lupin Limited for Lupin Pharmaceuticals, Inc. filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Phillips, John)
February 2, 2021 Filing 47 ANSWER to #1 Complaint,,, Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by Lupin Pharmaceuticals, Inc., Lupin Ltd..(Phillips, John)
February 1, 2021 Filing 46 ANSWER to #1 Complaint,,, , COUNTERCLAIM /Apotex Inc. and Apotex Corp.'s Answer and Affirmative Defenses to Plaintiffs' Complaint against Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. by Apotex Corp., Apotex Inc..(Seaman, John)
February 1, 2021 Opinion or Order SO ORDERED D.I. #43 MOTION for Pro Hac Vice Appearance of Attorney Deepro R. Mukerjee, Lance A. Soderstrom, Joseph M. Janusz and Joseph M. Janusz filed by Apotex Inc., Apotex Corp. Ordered by Judge Christopher J. Burke on 2/1/2021. (dlb)
January 28, 2021 Filing 45 STIPULATION TO EXTEND TIME (and proposed order) to move, plead or otherwise respond to the Complaint to March 16, 2021 - filed by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Russell, Andrew)
January 28, 2021 Opinion or Order SO ORDERED D.I. #45 STIPULATION TO EXTEND TIME (and proposed order) to move, plead or otherwise respond to the Complaint to March 16, 2021 filed by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc. Ordered by Judge Christopher J. Burke on 1/28/2021. (dlb)
January 28, 2021 Pro Hac Vice Attorney Celine J. Crowson for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma 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)
January 27, 2021 Pro Hac Vice Attorney Lindsay Eastman for Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC and Zhejiang Huahai Pharmaceutical Co., 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)
January 26, 2021 Filing 44 CONSENT JUDGMENT in favor of Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. against Windlas Biotech Ltd., Windlas Healthcare, Pvt. Ltd. (See Judgment for details.) Signed by Judge Joseph F. Bataillon on 1/26/2021. (kmd)
January 22, 2021 Filing 43 MOTION for Pro Hac Vice Appearance of Attorney Deepro R. Mukerjee, Lance A. Soderstrom, Joseph M. Janusz and Joseph M. Janusz - filed by Apotex Corp., Apotex Inc.. (Attachments: #1 Certification of Deepro R. Mukerjee, #2 Certification of Lance A. Soderstrom, #3 Certification of Joseph M. Janusz, #4 Certification of Jillian M. Schurr, #5 Text of Proposed Order)(Seaman, John)
January 22, 2021 Filing 42 NOTICE of Appearance of John M. Seaman and Christopher F. Cannataro of Abrams & Bayliss LLP by Apotex Corp., Apotex Inc. (Seaman, John)
January 22, 2021 Filing 41 MOTION for Pro Hac Vice Appearance of Attorney William A. Rakoczy, Deanne M. Mazzochi, Rachel Pernic Waldron and Kevin P. Burke of Rakoczy Molino Mazzochi Siwik LLP - filed by Sandoz Inc.. (Gattuso, Dominick)
January 22, 2021 Opinion or Order SO ORDERED D.I. #41 MOTION for Pro Hac Vice Appearance of Attorney William A. Rakoczy, Deanne M. Mazzochi, Rachel Pernic Waldron and Kevin P. Burke of Rakoczy Molino Mazzochi Siwik LLP filed by Sandoz Inc. Ordered by Judge Christopher J. Burke on 1/22/2021. (dlb)
January 22, 2021 Pro Hac Vice Attorney Brent A. Batzer for Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., 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)
January 21, 2021 Filing 40 STIPULATION TO EXTEND TIME the Deadline for Sandoz to Move, Plead or Otherwise Respond to the Complaint to March 16, 2021 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
January 21, 2021 Opinion or Order SO ORDERED D.I. #40 STIPULATION TO EXTEND TIME the Deadline for Sandoz to Move, Plead or Otherwise Respond to the Complaint to March 16, 2021 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/21/2021. (dlb)
January 20, 2021 Pro Hac Vice Attorney Chika Seidel for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc. and Astellas Pharma 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. (mal)
January 15, 2021 Pro Hac Vice Attorney Shashank D. Upadhye for Huahai US Inc., for Prinston Pharmaceutical Inc.,for Solco Healthcare US, LLC, for Zhejiang Huahai Pharmaceutical Co., 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. (myr)
January 12, 2021 Pro Hac Vice Attorney Yixin H. Tang for Prinston Pharmaceutical 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)
January 12, 2021 Pro Hac Vice Attorney Nitya Anand for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc. and Astellas Pharma 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. (mal)
January 8, 2021 Pro Hac Vice Attorney Vincent Li for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc. and Astellas Pharma 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. (mal)
January 8, 2021 Pro Hac Vice Attorney Simon D. Roberts for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc. and Astellas Pharma 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. (mal)
January 8, 2021 Pro Hac Vice Attorney Dennies Varughese, Sasha S. Rao for Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., and Aurolife Pharma 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)
January 7, 2021 Filing 39 MOTION for Pro Hac Vice Appearance of Attorney George C. Lombardi - filed by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Keller, Karen)
January 7, 2021 Pro Hac Vice Attorney Samantha M. Lerner for Actavis Elizabeth LLC,for Actavis LLC, for Teva Pharmaceuticals USA, 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. (myr)
January 7, 2021 Opinion or Order SO ORDERED D.I. #39 MOTION for Pro Hac Vice Appearance of Attorney George C. Lombardi filed by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc., D.I. #38 MOTION for Pro Hac Vice Appearance of Attorney Samantha M. Lerner filed by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc., D.I. #7 MOTION for Pro Hac Vice Appearance of Attorney Simon D. Roberts, Jason A. Leonard, Nitya Anand, Chika S. Seidel, Vincent Li, and Celine Jimenez Crowson of Hogan Lovells US LLP filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.,and D.I. #36 MOTION for Pro Hac Vice Appearance of Attorney Sasha Rao and Attorney Dennies Varughese filed by Aurobindo Pharma USA, Inc., Aurolife Pharma LLC, Aurobindo Pharma Ltd.. Signed by Judge Christopher J. Burke on 1/7/2020. (dlb)
January 7, 2021 Pro Hac Vice Attorney George C. Lombardi for Actavis Elizabeth LLC, for Actavis LLC, for Teva Pharmaceuticals USA, 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. (myr)
December 28, 2020 Filing 38 MOTION for Pro Hac Vice Appearance of Attorney Samantha M. Lerner - filed by Actavis Elizabeth LLC, Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Keller, Karen)
December 23, 2020 Filing 37 PROPOSED CONSENT JUDGMENT by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel)
December 23, 2020 Filing 36 MOTION for Pro Hac Vice Appearance of Attorney Sasha Rao and Attorney Dennies Varughese - filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC. (Dorsney, Kenneth)
December 22, 2020 Filing 35 NOTICE of Appearance by Kenneth Laurence Dorsney on behalf of Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC (Dorsney, Kenneth)
December 22, 2020 Filing 34 DECLARATION of Service for Defendant Zhejiang Huahai Pharmaceutical Co. Ltd. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
December 22, 2020 Filing 33 DECLARATION of Service for Defendant Huahai US Inc. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
December 22, 2020 Opinion or Order SO ORDERED D.I. #30 Stipulation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Answer Deadlines: Prinston Pharmaceutical Inc. answer due 3/16/2021.. Ordered by Judge Christopher J. Burke on 12/21/2020. (dlb)
December 21, 2020 Filing 32 NOTICE of Appearance by Beth Ann Swadley on behalf of Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc. (Swadley, Beth)
December 21, 2020 Filing 31 NOTICE of Appearance by Pilar Gabrielle Kraman on behalf of Cadila Healthcare Ltd., Zydus Pharmaceuticals (USA), Inc. (Kraman, Pilar)
December 21, 2020 Filing 30 STIPULATION and [Proposed] Order Governing Acceptance of Service of Process and Response Time to Complaint by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra)
December 18, 2020 Opinion or Order SO ORDERED D.I. #29 MOTION for Pro Hac Vice Appearance of Attorney Shashank Upadhye, Yixin Tang, Brent Batzer, and Lindsay Eastman filed by Huahai US Inc., Zhejiang Huahai Pharmaceutical Co., Ltd., Solco Healthcare US, LLC, Prinston Pharmaceutical Inc.. Ordered by Judge Christopher J. Burke on 12/18/2020. (dlb)
December 16, 2020 Filing 29 MOTION for Pro Hac Vice Appearance of Attorney Shashank Upadhye, Yixin Tang, Brent Batzer, and Lindsay Eastman - filed by Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd.. (Stamoulis, Stamatios)
December 16, 2020 Filing 28 NOTICE of Appearance by Stamatios Stamoulis on behalf of Huahai US Inc., Prinston Pharmaceutical Inc., Solco Healthcare US, LLC, Zhejiang Huahai Pharmaceutical Co., Ltd. (Stamoulis, Stamatios)
December 15, 2020 Filing 27 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Aurolife Pharma LLC waiver sent on 12/2/2020, answer due 3/2/2021. (Silver, Daniel)
December 15, 2020 Filing 26 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Aurobindo Pharma USA, Inc. waiver sent on 12/2/2020, answer due 3/2/2021. (Silver, Daniel)
December 15, 2020 Filing 25 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Aurobindo Pharma Ltd. waiver sent on 12/2/2020, answer due 3/2/2021. (Silver, Daniel)
December 14, 2020 Opinion or Order SO ORDERED D.I. #24 MOTION for Pro Hac Vice Appearance of Attorney Brian Sodikoff and Matthew M. Holub of Katten Muchin Rosenman LLP filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc. Ordered by Judge Christopher J. Burke on 12/14/2020. (dlb)
December 11, 2020 Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Brian Sodikoff and Matthew M. Holub of Katten Muchin Rosenman LLP - filed by Sawai Pharmaceutical Co., Ltd., Sawai USA, Inc.. (Gattuso, Dominick)
December 10, 2020 Filing 23 DECLARATION of Service of Windlas Biotech Ltd. made on December 8, 2020 by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Exhibit A-B)(Joyce, Alexandra)
December 10, 2020 Filing 22 DECLARATION of Service of Windlas Healthcare Pvt. Ltd. made on December 8, 2020 by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Exhibit A-B)(Joyce, Alexandra)
December 9, 2020 Filing 21 SUMMONS Returned Executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.. Solco Healthcare US, LLC served on 12/8/2020, answer due 12/29/2020. (Silver, Daniel)
December 9, 2020 Filing 20 SUMMONS Returned Executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.. Prinston Pharmaceutical Inc. served on 12/8/2020, answer due 12/29/2020. (Silver, Daniel)
December 8, 2020 Filing 19 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Sawai USA, Inc. waiver sent on 12/2/2020, answer due 3/2/2021. (Silver, Daniel)
December 8, 2020 Filing 18 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Sawai Pharmaceutical Co., Ltd. waiver sent on 12/2/2020, answer due 3/2/2021. (Silver, Daniel)
December 7, 2020 Filing 17 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Apotex Corp. waiver sent on 12/3/2020, answer due 2/1/2021. (Silver, Daniel)
December 7, 2020 Filing 16 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Apotex Inc. waiver sent on 12/3/2020, answer due 2/1/2021. (Silver, Daniel)
December 4, 2020 Filing 15 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Sandoz Inc. waiver sent on 12/4/2020, answer due 2/2/2021. (Silver, Daniel)
December 4, 2020 Filing 14 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Lupin Pharmaceuticals, Inc. waiver sent on 12/4/2020, answer due 2/2/2021. (Silver, Daniel)
December 4, 2020 Filing 13 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Lupin Ltd. waiver sent on 12/4/2020, answer due 2/2/2021. (Silver, Daniel)
December 3, 2020 Filing 12 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Cadila Healthcare Ltd. waiver sent on 12/1/2020, answer due 3/1/2021. (Silver, Daniel)
December 3, 2020 Filing 11 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Zydus Pharmaceuticals (USA), Inc. waiver sent on 12/1/2020, answer due 3/1/2021. (Silver, Daniel)
December 3, 2020 Filing 10 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Teva Pharmaceuticals USA, Inc. waiver sent on 11/30/2020, answer due 1/29/2021. (Silver, Daniel)
December 3, 2020 Filing 9 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Actavis LLC waiver sent on 11/30/2020, answer due 1/29/2021. (Silver, Daniel)
December 3, 2020 Filing 8 WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.: For Actavis Elizabeth LLC waiver sent on 11/30/2020, answer due 1/29/2021. (Silver, Daniel)
December 3, 2020 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Simon D. Roberts, Jason A. Leonard, Nitya Anand, Chika S. Seidel, Vincent Li, and Celine Jimenez Crowson of Hogan Lovells US LLP - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: #1 Certification of Simon D. Roberts, #2 Certification of Jason A. Leonard, #3 Certification of Nitya Arnand, #4 Certification of Chika S. Seidel, #5 Certification of Vincent Li, #6 Certification of Celine Jiminez Crowson)(Silver, Daniel)
November 25, 2020 Opinion or Order Filing 6 ORAL ORDER Pursuant to the filing of this case, the Court issues the following order: Magistrate Judge Christopher J. Burke shall issue a scheduling order when appropriate. Magistrate Judge Burke shall handle all nondispositive matters on all issues, except for Daubert motions, Markman hearings, and pretrial motions in limine. The parties have the right to file an appeal of the magistrate judge's order, and the same shall be decided by the undersigned. The magistrate judge shall likewise handle all discovery matters, scheduling, and pretrial conferences. If the parties believe the magistrate judge has a conflict of interest with this case, the parties shall so notify the Court. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 11/25/2020. Associated Cases: 1:20-cv-01589-JFB et al.(AEV)
November 25, 2020 Case Assigned to Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska (due to prior related cases). Please include the initials of the Judge (JFB) after the case number on all documents filed. (rjb)
November 24, 2020 Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (apk)
November 24, 2020 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,842,780. (apk)
November 24, 2020 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: SEE ATTACHED. Date of Expiration of Patent: 09/28/2029. Thirty Month Stay Deadline: Not Applicable. (apk)
November 24, 2020 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
November 24, 2020 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Actavis Elizabeth LLC, Actavis LLC., Apotex Corp., Apotex Inc., Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Aurolife Pharma LLC., Cadila Healthcare Ltd., Huahai US Inc., Lupin Ltd., Lupin Pharmaceuticals, Inc., Prinston Pharmaceutical Inc., Sandoz Inc., Sawai Pharmaceutical CO.,Ltd, Sawai USA, Inc., Solco Healthcare US, LLC., Teva Pharmaceuticals USA, Inc., Windlas Biotech Ltd., Windlas Healthcare, Pvt. Ltd., Zhejiang Huahai Pharmaceutical CO.,Ltd, Zydus Pharmaceuticals (USA), Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3351962.) - filed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(apk)
November 24, 2020 No Summons Issued. (apk)

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Search for this case: Astellas Pharma Inc. et al v. Sandoz Inc. et al
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Defendant: Sawai Pharmaceutical Co., Ltd.
Represented By: Dominick T. Gattuso
Represented By: Brian Sodikoff
Represented By: Catherine E. O'Brien
Represented By: Martin S. Masar, III
Represented By: Matthew M. Holub
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Defendant: Cadila Healthcare Ltd. doing business as Zydus Cadila
Represented By: Beth Ann Swadley
Represented By: Pilar Gabrielle Kraman
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Defendant: Apotex Inc.
Represented By: John M. Seaman
Represented By: Christopher Fitzpatrick Cannataro
Represented By: Jillian M. Schurr
Represented By: Joseph M. Janusz
Represented By: Lance A. Soderstrom
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Defendant: Actavis Elizabeth LLC
Represented By: Karen Elizabeth Keller
Represented By: Samantha M. Lerner
Represented By: George C. Lombardi
Represented By: Andrew Russell
Represented By: Jason Z. Pesick
Represented By: Michael K. Nutter
Represented By: Sharon Lin
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Defendant: Windlas Biotech Ltd.
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Defendant: Teva Pharmaceuticals USA, Inc.
Represented By: Karen Elizabeth Keller
Represented By: Samantha M. Lerner
Represented By: George C. Lombardi
Represented By: Andrew Russell
Represented By: Jason Z. Pesick
Represented By: Michael K. Nutter
Represented By: Sharon Lin
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Defendant: Actavis LLC
Represented By: Karen Elizabeth Keller
Represented By: Samantha M. Lerner
Represented By: George C. Lombardi
Represented By: Andrew Russell
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Defendant: Lupin Ltd.
Represented By: Andrea L. Cheek
Represented By: Carol M. Pitzel Cruz
Represented By: Megan C. Haney
Represented By: Payne McQueen Montgomery
Represented By: William R. Zimmerman
Represented By: John C. Phillips, Jr.
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Defendant: Huahai US Inc.
Represented By: Stamatios Stamoulis
Represented By: Brent A. Batzer
Represented By: Shashank D. Upadhye
Represented By: Lindsay Eastman
Represented By: Richard Charles Weinblatt
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Defendant: Aurobindo Pharma Ltd.
Represented By: Sasha S. Rao
Represented By: Kenneth Laurence Dorsney
Represented By: Dennies Varughese, Pharm.D
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Defendant: Zydus Pharmaceuticals (USA), Inc.
Represented By: Beth Ann Swadley
Represented By: Pilar Gabrielle Kraman
Represented By: Alexis Stombaugh
Represented By: Carolyn A. Blessing
Represented By: David B. Abramowitz
Represented By: Emily L. Savas
Represented By: Jennifer M. Coronel
Represented By: Jonathan B. Turpin
Represented By: Leah M. Brackensick
Represented By: Michael J. Gaertner
Represented By: Smitha B. Uthaman
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Defendant: Windlas Healthcare, Pvt. Ltd.
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Defendant: Sawai USA, Inc.
Represented By: Dominick T. Gattuso
Represented By: Brian Sodikoff
Represented By: Catherine E. O'Brien
Represented By: Martin S. Masar, III
Represented By: Matthew M. Holub
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Defendant: Apotex Corp.
Represented By: John M. Seaman
Represented By: Christopher Fitzpatrick Cannataro
Represented By: Jillian M. Schurr
Represented By: Joseph M. Janusz
Represented By: Lance A. Soderstrom
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Defendant: Solco Healthcare US, LLC
Represented By: Stamatios Stamoulis
Represented By: Brent A. Batzer
Represented By: Shashank D. Upadhye
Represented By: Lindsay Eastman
Represented By: Richard Charles Weinblatt
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Defendant: Aurolife Pharma LLC
Represented By: Sasha S. Rao
Represented By: Kenneth Laurence Dorsney
Represented By: Dennies Varughese, Pharm.D
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Defendant: Prinston Pharmaceutical Inc.
Represented By: Yixin H. Tang
Represented By: Stamatios Stamoulis
Represented By: Brent A. Batzer
Represented By: Shashank D. Upadhye
Represented By: Lindsay Eastman
Represented By: Richard Charles Weinblatt
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Defendant: Lupin Pharmaceuticals, Inc.
Represented By: Andrea L. Cheek
Represented By: Carol M. Pitzel Cruz
Represented By: Megan C. Haney
Represented By: Payne McQueen Montgomery
Represented By: William R. Zimmerman
Represented By: John C. Phillips, Jr.
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Defendant: Aurobindo Pharma USA, Inc.
Represented By: Sasha S. Rao
Represented By: Kenneth Laurence Dorsney
Represented By: Dennies Varughese, Pharm.D
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Defendant: Sandoz Inc.
Represented By: Dominick T. Gattuso
Represented By: Deanne M. Mazzochi
Represented By: Greg L. Goldblatt, Ph.D.
Represented By: Rachel P. Waldron
Represented By: William A. Rakoczy
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Defendant: Zhejiang Huahai Pharmaceutical Co., Ltd.
Represented By: Stamatios Stamoulis
Represented By: Brent A. Batzer
Represented By: Shashank D. Upadhye
Represented By: Lindsay Eastman
Represented By: Richard Charles Weinblatt
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Defendant: Zydus Lifesciences Limited doing business as Zydus Cadila
Represented By: Alexis Stombaugh
Represented By: Beth Ann Swadley
Represented By: Carolyn A. Blessing
Represented By: David B. Abramowitz
Represented By: Emily L. Savas
Represented By: Jennifer M. Coronel
Represented By: Jonathan B. Turpin
Represented By: Leah M. Brackensick
Represented By: Michael J. Gaertner
Represented By: Pilar Gabrielle Kraman
Represented By: Smitha B. Uthaman
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Defendant: Strides Pharma Science Limited
Represented By: Dominick T. Gattuso
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Defendant: Solara Active Pharma Sciences Limited
Represented By: Dominick T. Gattuso
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Defendant: Lek Pharmaceuticals D.D.
Represented By: Dominick T. Gattuso
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Defendant: Alkem Laboratories Ltd.
Represented By: Kenneth Laurence Dorsney
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Plaintiff: Astellas Pharma Inc.
Represented By: Alexandra M. Joyce
Represented By: Daniel M. Silver
Represented By: Chika Seidel
Represented By: Vincent Li
Represented By: Nitya Anand
Represented By: Simon D. Roberts
Represented By: Celine J. Crowson
Represented By: Christopher M. Bruno
Represented By: Jason A. Leonard
Represented By: Kyle Sorenson
Represented By: Maxwell A. Fox
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Plaintiff: Astellas Ireland Co., Ltd.
Represented By: Alexandra M. Joyce
Represented By: Daniel M. Silver
Represented By: Chika Seidel
Represented By: Vincent Li
Represented By: Nitya Anand
Represented By: Simon D. Roberts
Represented By: Celine J. Crowson
Represented By: Christopher M. Bruno
Represented By: Jason A. Leonard
Represented By: Kyle Sorenson
Represented By: Maxwell A. Fox
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Plaintiff: Astellas Pharma Global Development, Inc.
Represented By: Alexandra M. Joyce
Represented By: Daniel M. Silver
Represented By: Chika Seidel
Represented By: Vincent Li
Represented By: Nitya Anand
Represented By: Simon D. Roberts
Represented By: Celine J. Crowson
Represented By: Christopher M. Bruno
Represented By: Jason A. Leonard
Represented By: Kyle Sorenson
Represented By: Maxwell A. Fox
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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