Jazz Pharmaceuticals, Inc. et al v. Avadel CNS Pharmaceuticals, LLC
Plaintiff: Jazz Pharmaceuticals Ireland Limited
Defendant: Avadel Legacy Pharmaceuticals, LLC and Avadel CNS Pharmaceuticals LLC
Counter Defendant: Jazz Pharmaceuticals, Inc.
Counter Claimant: Avadel Pharmaceuticals plc, Avadel US Holdings, Inc., Avadel Specialty Pharmaceuticals, LLC and Avadel Management Corporation
Case Number: 1:2021cv01138
Filed: August 4, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Maryellen Noreika
Referring Judge: Gregory B Williams
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2022 Filing 143 MOTION for Pro Hac Vice Appearance of Attorney Eric P. Berger, Rebecca E. Weires, and Andrew T. Jones - filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra)
October 31, 2022 Opinion or Order SO ORDERED, re (16 in 1:22-cv-00941-GBW, 35 in 1:22-cv-00487-GBW, 136 in 1:21-cv-01594-GBW, 141 in 1:21-cv-01138-GBW, 211 in 1:21-cv-00691-GBW) MOTION for Pro Hac Vice Appearance of Attorney Alan Devlin and Ian Conner filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC, Avadel Pharmaceuticals plc. Signed by Judge Gregory B. Williams on 10/31/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW, 1:22-cv-00487-GBW, 1:22-cv-00941-GBW (ntl)
October 28, 2022 Filing 142 NOTICE OF SERVICE of Avadel's Responses to Plaintiff's First Set of Requests for Admission (Nos. 1-68) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel)
October 28, 2022 Filing 141 MOTION for Pro Hac Vice Appearance of Attorney Alan Devlin and Ian Conner - filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra)
October 26, 2022 Filing 140 NOTICE to Take Deposition of Edwin Walsh on October 28, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
October 26, 2022 Filing 139 REDACTED VERSION of (194 in 1:21-cv-00691-GBW, 120 in 1:21-cv-01594-GBW, 125 in 1:21-cv-01138-GBW) Letter by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exs. A-F)(Tigan, Jeremy)
October 26, 2022 Filing 138 REDACTED VERSION of (200 in 1:21-cv-00691-GBW, 126 in 1:21-cv-01594-GBW, 131 in 1:21-cv-01138-GBW) Letter to the Honorable Gregory B. Williams in Opposition to Plaintiff's Motion to Compel Damages Discovery by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel)
October 25, 2022 Minute Entry for proceedings held before Judge Gregory B. Williams - Markman Hearing held on 10/25/2022. (Court Reporter M. Rolfe.) Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
October 21, 2022 Filing 137 NOTICE to Take Deposition of Mark G. Eller on November 15, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Attachments: #1 Exhibit A - Subpoena)(Silver, Daniel)
October 21, 2022 Filing 136 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Seventh Set of Interrogatories (No. 21) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
October 21, 2022 Opinion or Order Filing 135 ORAL ORDER: Upon consideration of the parties' submissions (D.I. 194 & 200) and argument presented to the Court during the hearing on October 20, 2022, Jazz's motion to compel Avadel to produce damages-related discovery in response to Jazz's Requests for Production Nos. 57, 59-64, 68-75, 77-80 is DENIED with leave to renew at the time Avadel commercially manufactures, uses, offers to sell, or sells its NDA Product. ORDERED by Judge Gregory B. Williams on 10/21/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
October 21, 2022 Opinion or Order SO ORDERED, re (133 in 1:21-cv-01138-GBW, 34 in 1:22-cv-00487-GBW, 202 in 1:21-cv-00691-GBW, 13 in 1:22-cv-00941-GBW, 128 in 1:21-cv-01594-GBW) MOTION for Pro Hac Vice Appearance of Attorney Franco Benyamin filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC, Avadel Pharmaceuticals plc. Signed by Judge Gregory B. Williams on 10/20/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW, 1:22-cv-00487-GBW, 1:22-cv-00941-GBW (ntl)
October 20, 2022 Filing 134 REDACTED VERSION of (199 in 1:21-cv-00691-GBW, 125 in 1:21-cv-01594-GBW, 130 in 1:21-cv-01138-GBW) Letter, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Transcript)(Tigan, Jeremy)
October 20, 2022 Filing 133 MOTION for Pro Hac Vice Appearance of Attorney Franco Benyamin - filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra)
October 20, 2022 Minute Entry for proceedings held before Judge Gregory B. Williams - Telephone Conference held on 10/20/2022. (Court Reporter M. Rolfe.) Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
October 19, 2022 Filing 132 NOTICE OF SERVICE of Jazz Pharmaceuticals' Second Amended Initial Disclosures filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
October 18, 2022 Filing 131 [SEALED] Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding Opposition to Plaintiff's Motion to Compel Damages Discovery. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Silver, Daniel)
October 18, 2022 Filing 130 [SEALED] Joint Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Update on Avadel CNS Pharmaceuticals, LLC v. Becerra, et al., C.A. No. 22-2159 (D.D.C.) - re (180 in 1:21-cv-00691-GBW) Order,,. (Attachments: #1 Transcript)(Tigan, Jeremy)
October 18, 2022 Filing 129 Joint Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Request for Teleconference - re (175 in 1:21-cv-00691-GBW, 105 in 1:21-cv-01594-GBW, 110 in 1:21-cv-01138-GBW) MOTION to Strike Avadel's Second Supplemental Response to Interrogatory No. 8 . (Tigan, Jeremy)
October 17, 2022 Filing 128 Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding the Court's September 21, 2022 Oral Order - re (179 in 1:21-cv-00691-GBW, 179 in 1:21-cv-00691-GBW) Order,,,,,, Set Hearings,,,,,. (Tigan, Jeremy)
October 17, 2022 Filing 127 NOTICE to Take Deposition of Clark Allphin on October 21, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel)
October 17, 2022 Filing 126 NOTICE to Take Deposition of John Miller on October 18, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel)
October 17, 2022 Filing 125 [SEALED] Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Discovery Dispute. (Attachments: #1 Exs. A-F, #2 Proposed Order)(Tigan, Jeremy)
October 13, 2022 Filing 124 NOTICE OF SERVICE of Jazz Pharmaceuticals' Amended Initial Disclosures filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
October 12, 2022 Filing 123 REDACTED VERSION of (115 in 1:21-cv-01594-GBW, 120 in 1:21-cv-01138-GBW, 189 in 1:21-cv-00691-GBW) Letter, to The Honorable Gregory B. Williams in Opposition to Plaintiffs' Motion to Strike Defendant's Second Supplemental Response to Interrogatory No. 8 by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel)
October 11, 2022 Filing 122 Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Plaintiffs' Motion to Strike Defendant's Second Supplemental Response to Interrogatory No. 8 - re (115 in 1:21-cv-01594-GBW, 120 in 1:21-cv-01138-GBW, 189 in 1:21-cv-00691-GBW) Letter,. (Tigan, Jeremy)
October 5, 2022 Opinion or Order Filing 121 ORAL ORDER: IT IS HEREBY ORDERED that a thirty (30) minute discovery teleconference will be held on Thursday, October 20, 2022 at 3:00 p.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. IT IS FURTHER ORDERED that, not later than Monday, October 17, 2022, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than Tuesday, October 18, 2022, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Gregory B. Williams on 10/5/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
October 4, 2022 Filing 120 [SEALED] Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding Opposition to Plaintiffs' Motion to Strike Defendant's Second Supplemental Response to Interrogatory No. 8 - re (175 in 1:21-cv-00691-GBW, 105 in 1:21-cv-01594-GBW, 110 in 1:21-cv-01138-GBW) MOTION to Strike Avadel's Second Supplemental Response to Interrogatory No. 8 . (Attachments: #1 Exhibits A - C, #2 Certificate of Service)(Silver, Daniel)
October 4, 2022 Filing 119 NOTICE to Take Deposition of a witness from Express Scripts on October 5, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel)
September 30, 2022 Filing 118 Joint Letter to The Honorable Gregory B. Williams regarding Request for Discovery Dispute Teleconference. (Tigan, Jeremy)
September 28, 2022 Filing 117 REDACTED VERSION of (176 in 1:21-cv-00691-GBW, 106 in 1:21-cv-01594-GBW, 111 in 1:21-cv-01138-GBW) Letter, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits A-E)(Tigan, Jeremy)
September 28, 2022 Opinion or Order SO ORDERED, re (115 in 1:21-cv-01138-GBW, 184 in 1:21-cv-00691-GBW, 110 in 1:21-cv-01594-GBW) STIPULATION TO EXTEND TIME 1) Defendant's deadline to file its responsive letter to Plaintiffs' Motion to Strike, and 2) Plaintiffs' deadline to file a reply letter to their Motion to Strike to 1) October 4, 2022, and 2) October 11, 202 filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. Signed by Judge Gregory B. Williams on 9/28/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
September 27, 2022 Filing 116 NOTICE of Subpoena Ad Testificandum to Express Scripts, Inc. by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Tigan, Jeremy)
September 23, 2022 Filing 115 STIPULATION TO EXTEND TIME 1) Defendant's deadline to file its responsive letter to Plaintiffs' Motion to Strike, and 2) Plaintiffs' deadline to file a reply letter to their Motion to Strike to 1) October 4, 2022, and 2) October 11, 2022 - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra)
September 22, 2022 Filing 114 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Sixth Set of Interrogatories (Nos. 18-20) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
September 22, 2022 Filing 113 NOTICE OF SERVICE of Defendants Seventh Set of Interrogatories to Plaintiffs Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Ltd filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
September 21, 2022 Filing 112 NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Admission to Defendant Avadel CNS Pharmaceuticals (Nos. 1-68) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
September 20, 2022 Filing 111 [SEALED] Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan - re (175 in 1:21-cv-00691-GBW, 105 in 1:21-cv-01594-GBW, 110 in 1:21-cv-01138-GBW) MOTION to Strike Avadel's Second Supplemental Response to Interrogatory No. 8 . (Attachments: #1 Exhibits A-E)(Tigan, Jeremy)
September 20, 2022 Filing 110 MOTION to Strike Avadel's Second Supplemental Response to Interrogatory No. 8 - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy)
September 16, 2022 Filing 109 NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Avadel CNS Pharmaceuticals, LLC's Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
September 15, 2022 Opinion or Order SO ORDERED, re (108 in 1:21-cv-01138-GBW, 164 in 1:21-cv-00691-GBW, 7 in 1:22-cv-00941-GBW, 103 in 1:21-cv-01594-GBW) MOTION for Pro Hac Vice Appearance of Attorney Krista M. Rycroft filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. Signed by Judge Gregory B. Williams on 9/14/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW, 1:22-cv-00941-GBW (ntl)
September 13, 2022 Filing 108 MOTION for Pro Hac Vice Appearance of Attorney Krista M. Rycroft - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy)
September 12, 2022 Opinion or Order SO ORDERED, re (102 in 1:21-cv-01594-GBW, 6 in 1:22-cv-00941-GBW, 107 in 1:21-cv-01138-GBW) MOTION for Pro Hac Vice Appearance of Attorney F. Dominic Cerrito, Eric C. Stops, Evangeline Shih, Andrew S. Chalson, Gabriel P. Brier, Frank C. Calvosa and Nicholas LoCastro filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. Signed by Judge Gregory B. Williams on 9/9/22. Associated Cases: 1:21-cv-01138-GBW, 1:21-cv-01594-GBW, 1:22-cv-00941-GBW (ntl)
September 9, 2022 Filing 107 MOTION for Pro Hac Vice Appearance of Attorney F. Dominic Cerrito, Eric C. Stops, Evangeline Shih, Andrew S. Chalson, Gabriel P. Brier, Frank C. Calvosa and Nicholas LoCastro - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy)
September 7, 2022 Case Reassigned to Judge Gregory B Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. Associated Cases: 1:21-cv-00691-MN, 1:21-cv-01138-MN, 1:21-cv-01594-MN, 1:22-cv-00487-MN(apk)
September 2, 2022 Filing 106 NOTICE OF SERVICE of Avadel's Second Supplemental Responses to Jazz Pharmaceuticals, Inc.s First Set of Interrogatories (No. 8) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
August 31, 2022 Filing 105 REDACTED VERSION of (97 in 1:21-cv-01594-MN, 150 in 1:21-cv-00691-MN, 102 in 1:21-cv-01138-MN) Letter, by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra)
August 30, 2022 Filing 104 NOTICE OF SERVICE of Defendant's Notice of Deposition of Plaintiff Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Ltd. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel)
August 25, 2022 Filing 103 NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiffs' Notice of Deposition to Avadel CNS Pharmaceuticals, LLC Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
August 24, 2022 Filing 102 [SEALED] Letter to The Honorable Maryellen Noreika from Daniel M. Silver, Esq. regarding Markman Hearing - re (146 in 1:21-cv-00691-MN, 146 in 1:21-cv-00691-MN, 98 in 1:21-cv-01138-MN, 98 in 1:21-cv-01138-MN, 92 in 1:21-cv-01594-MN, 92 in 1:21-cv-01594-MN) Oral Order, Terminate Deadlines and Hearings. (Attachments: #1 Certificate of Service)(Silver, Daniel)
August 24, 2022 Filing 101 NOTICE OF SERVICE of Subpoenas filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
August 23, 2022 Filing 100 NOTICE OF SERVICE of Defendant's Sixth Set of Interrogatories to Plaintiffs Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Ltd. filed by Avadel CNS Pharmaceuticals LLC.(Joyce, Alexandra)
August 23, 2022 Filing 99 NOTICE of Change of Address by Alexandra M. Joyce (Joyce, Alexandra)
August 23, 2022 Opinion or Order Filing 98 ORAL ORDER - IT IS HEREBY ORDERED that the 8/31/2022 2:00 PM Markman hearing is POSTPONED to a date to be determined. ORDERED by Judge Maryellen Noreika on 8/23/2022. (dlw)
August 19, 2022 Filing 97 AMENDED JOINT CLAIM Construction Chart by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Attachments: #1 Letter to The Honorable Maryellen Noreika)(Tigan, Jeremy) Modified on 8/19/2022 (dlw).
August 15, 2022 Filing 96 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Seventh Set of Requests for the Production of Documents and Things (Nos. 100-106) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
August 11, 2022 Filing 95 NOTICE of Subpoena Ad Testificandum to Thorsteinn Thorsteinsson by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Attachments: #1 Exhibit 1)(Tigan, Jeremy)
August 11, 2022 Filing 94 NOTICE of Subpoena Ad Testificandum to David Monteith by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Attachments: #1 Exhibit 1)(Tigan, Jeremy)
August 11, 2022 Filing 93 NOTICE to Take Deposition of Jed Black on August 23, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
August 11, 2022 Filing 92 NOTICE OF SERVICE of Third-Party Subpoena and Notice of Deposition of Michael Desjardin filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
August 10, 2022 Filing 91 Letter to The Honorable Maryellen Noreika from Daniel M. Silver, Esq. regarding Avadel's Reponse to Jazz's August 9, 2022 Letter Regarding D.C. District Court Action - re (138 in 1:21-cv-00691-MN) Letter. (Silver, Daniel)
August 9, 2022 Filing 90 Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding update on related actions. (Tigan, Jeremy)
August 8, 2022 Filing 89 NOTICE OF SERVICE of (1) Plaintiffs' Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(1) and (2) Plaintiffs' Notice of Deposition to Avadel CNS Pharmaceuticals, LLC Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
August 1, 2022 Opinion or Order Filing 88 ORAL ORDER re (86 in 1:21-cv-01138-MN, 80 in 1:21-cv-01594-MN, 134 in 1:21-cv-00691-MN) Letter - IT IS HEREBY ORDERED that the Court is setting aside two (2) hours for the Markman hearing with the time split equally between the two sides. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. The parties may, however, agree upon a different time to exchange their respective slides. ORDERED by Judge Maryellen Noreika on 8/1/2022. (dlw)
August 1, 2022 Opinion or Order Filing 87 ORAL ORDER re (78 in 1:21-cv-01594-MN) (84 in 1:21-cv-01138-MN) (132 in 1:21-cv-00691-MN) Joint Claim Construction Brief - IT IS HEREBY ORDERED that, on or before 8/24/2022, local and lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the joint claim construction brief. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. ORDERED by Judge Maryellen Noreika on 8/1/2022. (dlw)
August 1, 2022 Filing 86 Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding August 31, 2022 Markman hearing. (Tigan, Jeremy)
July 29, 2022 Filing 85 Joint Claim Construction APPENDIX re (78 in 1:21-cv-01594-MN) Joint Claim Construction Brief, (84 in 1:21-cv-01138-MN) Joint Claim Construction Brief, (132 in 1:21-cv-00691-MN) Joint Claim Construction Brief by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Attachments: #1 Exhibits 1-17 and A-U)(Tigan, Jeremy) Modified on 8/1/2022 (dlw).
July 29, 2022 Filing 84 JOINT CLAIM CONSTRUCTION BRIEF filed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. (Tigan, Jeremy)
July 29, 2022 Filing 83 Letter to The Honorable Maryellen Noreika from Daniel M. Silver, Esq. regarding Technology Tutorial. (Silver, Daniel)
July 25, 2022 Filing 82 NOTICE OF SERVICE of Avadel CNS Pharmaceuticals, LLC's Sur-Reply Claim Construction Brief and supporting exhibits filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
July 18, 2022 Filing 81 NOTICE OF SERVICE of Defendant's Responses to Jazz Pharmaceuticals' Third Set of Requests for Production of Documents and Things (Nos. 57-80) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
July 14, 2022 Filing 80 NOTICE OF SERVICE of Defendant's Seventh Set of Requests for Production of Documents and Things to Plaintiffs Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Ltd. filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
July 8, 2022 Filing 79 NOTICE OF SERVICE of Plaintiffs' Responsive Markman Brief filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
July 7, 2022 Filing 78 OBJECTIONS by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. to (117 in 1:21-cv-00691-MN) MOTION for Judgment on the Pleadings (Renewed) . (Attachments: #1 Exhibits A-D)(Tigan, Jeremy)
July 5, 2022 Filing 77 REDACTED VERSION of (120 in 1:21-cv-00691-MN, 69 in 1:21-cv-01594-MN, 75 in 1:21-cv-01138-MN) Letter, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy)
July 5, 2022 Filing 76 NOTICE requesting Clerk to remove Rashmi Borah as co-counsel.. (Joyce, Alexandra)
June 24, 2022 Filing 75 [SEALED] Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan - re (117 in 1:21-cv-00691-MN) MOTION for Judgment on the Pleadings (Renewed), (119 in 1:21-cv-00691-MN) Letter, (118 in 1:21-cv-00691-MN) Opening Brief in Support,. (Tigan, Jeremy)
June 20, 2022 Filing 74 NOTICE OF SERVICE of Avadel CNS Pharmaceuticals, LLC's Answering Claim Construction Brief filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
June 17, 2022 Filing 73 NOTICE OF SERVICE of Jazz Pharmaceuticals' Third Set of Requests for the Production of Documents and Things (Nos. 57-80) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
June 17, 2022 Pro Hac Vice Attorney Audra Sawyer for Avadel CNS Pharmaceuticals 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. (mpb)
June 15, 2022 Filing 72 MOTION for Pro Hac Vice Appearance of Attorney Audra Sawyer - filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra)
June 15, 2022 Opinion or Order SO ORDERED re (72 in 1:21-cv-01138-MN, 20 in 1:22-cv-00487-MN, 114 in 1:21-cv-00691-MN, 66 in 1:21-cv-01594-MN) MOTION for Pro Hac Vice Appearance of Attorney Audra Sawyer filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC, Avadel Pharmaceuticals plc. ORDERED by Judge Maryellen Noreika on 6/15/2022. (dlw)
June 6, 2022 Filing 71 Letter to The Honorable Maryellen Noreika from Daniel M. Silver regarding withdrawing claim construction dispute. (Silver, Daniel)
May 27, 2022 Filing 70 NOTICE OF SERVICE of Plaintiffs' Opening Markman Brief filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
May 13, 2022 Filing 69 JOINT CLAIM Construction Chart by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Tigan, Jeremy) Modified on 5/16/2022 (dlw).
May 13, 2022 Filing 68 SUPPLEMENTAL CLAIM Construction Chart by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) Modified on 5/16/2022 (dlw).
May 13, 2022 Filing 67 Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding response to Avadel's letter - re (60 in 1:21-cv-01594-MN, 107 in 1:21-cv-00691-MN, 66 in 1:21-cv-01138-MN) Letter. (Tigan, Jeremy)
May 13, 2022 Filing 66 Letter to The Honorable Maryellen Noreika from Daniel M. Silver regarding Claim Construction Dispute - re (65 in 1:21-cv-01138-MN, 59 in 1:21-cv-01594-MN, 106 in 1:21-cv-00691-MN) Letter. (Silver, Daniel)
May 12, 2022 Filing 65 Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding Claim Construction Dispute. (Tigan, Jeremy)
May 9, 2022 Filing 64 NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
May 9, 2022 Filing 63 NOTICE OF SERVICE of Defendant Avadel CNS Pharmaceuticals, LLC's Final Invalidity Contentions filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
May 4, 2022 Filing 62 REDACTED VERSION of (100 in 1:21-cv-00691-MN, 53 in 1:21-cv-01594-MN, 59 in 1:21-cv-01138-MN) Joint MOTION to Redact Limited Portions of the April 6, 2022 Teleconference Transcript by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra)
April 29, 2022 Filing 61 REDACTED VERSION of (101 in 1:21-cv-00691-MN) Transcript, (60 in 1:21-cv-01138-MN) Transcript, (54 in 1:21-cv-01594-MN) Transcript. (dlw)
April 29, 2022 Filing 60 [SEALED] Transcript of Teleconference held on 04/06/2022 before Judge Maryellen Noreika.. (dh)
April 29, 2022 Opinion or Order SO ORDERED re (100 in 1:21-cv-00691-MN, 53 in 1:21-cv-01594-MN, 59 in 1:21-cv-01138-MN) Joint MOTION to Redact Limited Portions of the April 6, 2022 Teleconference Transcript. ORDERED by Judge Maryellen Noreika on 4/29/2022. (dlw)
April 27, 2022 Filing 59 [SEALED] Joint MOTION to Redact Limited Portions of the April 6, 2022 Teleconference Transcript - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order, #4 Certificate of Service)(Joyce, Alexandra)
April 27, 2022 Filing 58 NOTICE OF SERVICE of Third Party Subpoenas to Express Scripts, Inc. to (1) Testify at Deposition, and (2) Produce Documents, Information, or Objects or to Permit Inspection of Presmises filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
April 21, 2022 Filing 57 NOTICE of Withdrawal of Angela C. Whitesell as Counsel by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC (Whitesell, Angela)
April 19, 2022 Filing 56 STIPULATION TO EXTEND TIME for Plaintiffs to serve final infringement contentions and Defendant to serve final invalidity contentions to May 6, 2022 - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra)
April 19, 2022 Opinion or Order SO ORDERED re (97 in 1:21-cv-00691-MN, 50 in 1:21-cv-01594-MN, 56 in 1:21-cv-01138-MN) STIPULATION TO EXTEND TIME for Plaintiffs to serve final infringement contentions and Defendant to serve final invalidity contentions to May 6, 2022. ORDERED by Judge Maryellen Noreika on 4/19/2022. (dlw)
April 11, 2022 CASE NO LONGER REFERRED to Magistrate Judge Hall for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (ceg)
April 7, 2022 Opinion or Order Filing 55 SO ORDERED re (48 in 1:21-cv-01594-MN, 95 in 1:21-cv-00691-MN, 54 in 1:21-cv-01138-MN) Stipulation and Order Regarding Protective Order Modification. Signed by Judge Maryellen Noreika on 4/7/2022. (dlw)
April 6, 2022 Filing 54 STIPULATION and [Proposed] Order Regarding Protective Order Modification by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel)
April 6, 2022 Opinion or Order Filing 53 ORAL ORDER: For the reasons stated on the April 6, 2022 telephone conference, the Stipulation and Proposed Order Regarding Potential Preliminary Injunction Proceedings (41 in 1:21-cv-01594-MN, 47 in 1:21-cv-01138-MN, 88 in 1:21-cv-00691-MN) is DENIED. ORDERED by Judge Maryellen Noreika on 4/6/2022. Associated Cases: 1:21-cv-00691-MN, 1:21-cv-01138-MN, 1:21-cv-01594-MN(mdb)
April 6, 2022 Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 4/6/2022 re Stipulation and Proposed Order Regarding Potential Preliminary Injunction Proceedings. The stipulation is DENIED as unnecessary. If a motion for a preliminary injunction is filed, the deadlines of the briefing will follow the Local Rules of this Court. (Court Reporter Dale Hawkins.) Associated Cases: 1:21-cv-00691-MN, 1:21-cv-01138-MN, 1:21-cv-01594-MN(mdb)
April 4, 2022 Filing 52 NOTICE OF SERVICE of Defendant Avadel CNS Pharmaceuticals, LLC's Final Non-Infringement Contentions filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Whitesell, Angela)
April 1, 2022 Filing 51 NOTICE OF SERVICE of Plaintiff's Responses to Defendants' Validity Contentions filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
April 1, 2022 Filing 50 REDACTED VERSION of (41 in 1:21-cv-01594-MN, 47 in 1:21-cv-01138-MN, 88 in 1:21-cv-00691-MN) Stipulation and [Proposed] Order Regarding Potential Preliminary Injunction Motion by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel) Modified on 4/4/2022 (mdb).
April 1, 2022 Filing 49 NOTICE of Appearance by Angela Whitesell on behalf of Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC (Whitesell, Angela)
March 29, 2022 Opinion or Order Filing 48 ORAL ORDER Setting Teleconference re Stipulation and [Proposed] Order Regarding Potential Preliminary Injunction Motion - IT IS HEREBY ORDERED that a Telephone Conference is set for 4/6/2022 at 10:00 AM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 3/29/2022. (dlw)
March 25, 2022 Filing 47 [SEALED] STIPULATION and Proposed Order Regarding Potential Preliminary Injunction Proceedings by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel)
March 18, 2022 Filing 46 NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendant's Fifth Set of Interrogatories (No. 17) and (2) Plaintiffs' Objections and Responses to Defendant's Sixth Set of Requests for the Production of Documents and Things (Nos. 76-99) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
March 7, 2022 Filing 45 NOTICE OF SERVICE of Defendant Avadel CNS Pharmaceuticals, LLC's Preliminary Proposed Claim Constructions filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra)
March 1, 2022 Filing 44 NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendant's Fifth Set of Requests for Production of Documents and Things (Nos. 42-75); (2) Plaintiffs' Objections and Responses to Defendant's Fourth Set of Interrogatories (Nos. 14-16);(3) Plaintiffs' Objections and Responses to Defendant's First Set of Requests for Admission (Nos. 1-16) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
February 25, 2022 Filing 43 Amended ANSWER to #12 Answer to Complaint,, Counterclaim, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits A-F)(Tigan, Jeremy)
February 24, 2022 Opinion or Order Filing 42 SO ORDERED re (41 in 1:21-cv-01138-MN, 34 in 1:21-cv-01594-MN, 81 in 1:21-cv-00691-MN) Stipulation and Order to Amend Answers. Signed by Judge Maryellen Noreika on 2/24/2022. (dlw)
February 24, 2022 Filing 41 STIPULATION and [Proposed] Order to Amend Answers by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy)
February 22, 2022 Filing 40 NOTICE OF SERVICE of Defendant Avadel CNS Pharamceuticals, LLC's Identification of Claim Terms for Construction filed by Avadel CNS Pharmaceuticals LLC.(Silver, Daniel)
February 16, 2022 Filing 39 NOTICE OF SERVICE of (1) Defendant's Fifth Set of Interrogatories to Plaintiffs and (2) Defendant's Sixth Set of Requests for Production of Documents and Things to Plaintiff filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel)
January 27, 2022 Filing 38 NOTICE OF SERVICE of (1) Defendant's First Set of Requests for Admission to Plaintiffs, (2) Defendant's Fourth Set of Interrogatories to Plaintiffs, and (3) Defendant's Fifth Set of Requests for Production of Documents and Things to Plaintiffs filed by Avadel CNS Pharmaceuticals LLC.(Silver, Daniel)
January 18, 2022 Filing 37 NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions filed by Avadel CNS Pharmaceuticals LLC.(Joyce, Alexandra)
January 7, 2022 Opinion or Order SO ORDERED re (77 in 1:21-cv-00691-MN, 23 in 1:21-cv-01594-MN, 36 in 1:21-cv-01138-MN) MOTION for Pro Hac Vice Appearance of Attorney Yi Ning filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. ORDERED by Judge Maryellen Noreika on 1/7/2022. (dlw)
January 7, 2022 Pro Hac Vice Attorney Yi Ning for Avadel CNS Pharmaceuticals 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. (Associated Cases: 1:21-cv-00691-MN, 1:21-cv-01138-MN, 1:21-cv-01594-MN)(srs)
January 6, 2022 Filing 36 MOTION for Pro Hac Vice Appearance of Attorney Yi Ning - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra)
January 5, 2022 Opinion or Order Filing 35 ORAL ORDER: If, during the pendency of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Hall, they should contact chambers by e-mail at Cailah_Garfinkel@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Hall regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. In addition, Judge Hall may in the future enter a sua sponte order setting an ADR teleconference. ORDERED by Judge Jennifer L. Hall on 1/5/2022. (ceg)
January 4, 2022 Opinion or Order Filing 34 SO ORDERED re (20 in 1:21-cv-01594-MN, 33 in 1:21-cv-01138-MN, 75 in 1:21-cv-00691-MN) Stipulation and Order of Dismissal of Complaint as to Certain Defendants and to Amend Case Captions. Party Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, and Avadel US Holdings, Inc. terminated. Attorney Daralyn J. Durie; Alex M. Grabowski; Alexandra M. Joyce; Katherine E. McNutt; Sarah Propst; Evangeline Shih; Daniel M. Silver; Sarah W. Wang; Herman H. Yue; Marc N. Zubick; Bornali R. Borah and Kira A. Davis terminated as to these defendants only. Signed by Judge Maryellen Noreika on 1/4/2022. (dlw)
January 4, 2022 Filing 33 STIPULATION and [Proposed] Order of Dismissal of Complaint as to Certain Defendants and to Amend Case Caption by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra)
January 4, 2022 Opinion or Order Filing 32 SO ORDERED re (30 in 1:21-cv-01138-MN, 17 in 1:21-cv-01594-MN, 73 in 1:21-cv-00691-MN) Stipulation and Order Regarding the Protective Order. Signed by Judge Maryellen Noreika on 1/4/2022. (dlw)
January 4, 2022 Opinion or Order Filing 31 ORAL ORDER REFERRING CASE to Mediation - IT IS HEREBY ORDERED that this matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution. ORDERED by Judge Maryellen Noreika on 1/4/2022. (dlw)
January 4, 2022 CASE REFERRED to Magistrate Judge Jennifer L. Hall for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel)
December 30, 2021 Filing 30 STIPULATION and [Proposed] Order Regarding Protective Order by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra)
December 21, 2021 Opinion or Order Filing 29 SO ORDERED re (28 in 1:21-cv-01138-MN, 15 in 1:21-cv-01594-MN, 71 in 1:21-cv-00691-MN) Stipulation and Proposed Order Amending Scheduling Order - Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 10/21/2022. Opening Expert Reports due by 12/16/2022. Rebuttal Expert Reports due by 2/17/2023. Reply Expert Reports due by 4/14/2023. Expert Discovery due by 6/30/2023. Daubert Motions due by 7/7/2023. Claim Construction Opening Brief served by 5/27/2022. Claim Construction Answering Brief served by 6/17/2022. Claim Construction Reply Brief served by 7/8/2022. Claim Construction Surreply Brief served by 7/22/2022. Joint Claim Construction Brief filed by 7/29/2022. A Markman Hearing is set for 8/31/2022 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 10/23/2023 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Bench Trial is set for 10/30/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 12/21/2021. (dlw) Modified on 12/22/2021 (dlw).
December 21, 2021 Filing 28 STIPULATION and [Proposed] Order Regarding Revised Proposed Schedule - by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy)
December 17, 2021 Filing 27 STIPULATION TO EXTEND TIME for parties to meet and confer and submit a revised proposed scheduling order consistent with the Court's November 29, 2021 Oral Order to December 21, 2021 - filed by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel)
December 17, 2021 Opinion or Order SO ORDERED re (27 in 1:21-cv-01138-MN, 14 in 1:21-cv-01594-MN, 70 in 1:21-cv-00691-MN) STIPULATION TO EXTEND TIME for parties to meet and confer and submit a revised proposed scheduling order consistent with the Court's November 29, 2021 Oral Order to December 21, 2021. ORDERED by Judge Maryellen Noreika on 12/17/2021. (dlw)
December 10, 2021 Filing 26 STIPULATION TO EXTEND TIME for the parties to meet and confer and submit a revised proposed scheduling order consistent with the Court's November 29, 2021 Oral Order to December 17, 2021 - filed by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel)
December 10, 2021 Pro Hac Vice Attorney Sarah Propst for Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, and Avadel US Holdings, 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 10, 2021 Opinion or Order SO ORDERED, re (69 in 1:21-cv-00691-MN, 13 in 1:21-cv-01594-MN, 26 in 1:21-cv-01138-MN) STIPULATION TO EXTEND TIME for the parties to meet and confer and submit a revised proposed scheduling order consistent with the Court's November 29, 2021 Oral Order to December 17, 2021 filed by Avadel CNS Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC, Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation. ORDERED by Judge Maryellen Noreika on 12/10/2021. Associated Cases: 1:21-cv-00691-MN, 1:21-cv-01138-MN, 1:21-cv-01594-MN(mdb)
December 9, 2021 Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Sarah Propst - filed by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc.. (Joyce, Alexandra)
December 9, 2021 Opinion or Order SO ORDERED re #25 MOTION for Pro Hac Vice Appearance of Attorney Sarah Propst filed by Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals LLC, Avadel Pharmaceuticals plc, Avadel Management Corporation, Avadel Legacy Pharmaceuticals, LLC. ORDERED by Judge Maryellen Noreika on 12/9/2021. (dlw)
December 7, 2021 Filing 24 NOTICE OF SERVICE of Plaintiffs' Initial Infringement Chart filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
December 6, 2021 Filing 23 STIPULATION TO EXTEND TIME for the parties to meet and confer and submit a revised proposed schedule consistent with the Court's November 29, 2021 Oral Order to December 10, 2021 - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy)
December 6, 2021 Opinion or Order SO ORDERED re (23 in 1:21-cv-01138-MN, 7 in 1:21-cv-01594-MN, 66 in 1:21-cv-00691-MN) STIPULATION TO EXTEND TIME for the parties to meet and confer and submit a revised proposed schedule consistent with the Court's November 29, 2021 Oral Order to December 10, 2021. ORDERED by Judge Maryellen Noreika on 12/6/2021. (dlw)
November 29, 2021 Opinion or Order Filing 22 ORAL ORDER re (60 in 1:21-cv-00691-MN, 19 in 1:21-cv-01138-MN) Letter - IT IS HEREBY ORDERED that these three actions (21-691, 21-1138, & 21-1594) will proceed on the same schedule with the pretrial conference and trial dates of October 23, 2023 and October 30, 2023 remaining in place. IT IS FURTHER ORDERED that the parties shall serve their final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) at least three weeks before Plaintiff serves its opening claim construction brief. The parties are encouraged to exchange proposed claim terms and proposed constructions early in the case and certainly prior to the deadline for final contentions. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. IT IS FINALLY ORDERED that, on or before 12/6/2021, the parties shall meet and confer and submit a revised proposed schedule consistent with this guidance. ORDERED by Judge Maryellen Noreika on 11/29/2021. (dlw)
November 11, 2021 Filing 21 REDACTED VERSION of (60 in 1:21-cv-00691-MN, 19 in 1:21-cv-01138-MN) Letter by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. (Attachments: #1 Exhibit A)(Tigan, Jeremy)
November 8, 2021 Opinion or Order SO ORDERED re (20 in 1:21-cv-01138-MN, 61 in 1:21-cv-00691-MN) STIPULATION TO EXTEND TIME for the parties to file a redacted version of their October 29, 2021 joint letter to November 11, 2021. ORDERED by Judge Maryellen Noreika on 11/8/2021. (dlw)
November 5, 2021 Filing 20 STIPULATION TO EXTEND TIME for the parties to file a redacted version of their October 29, 2021 joint letter to November 11, 2021 - filed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. (Tigan, Jeremy)
October 29, 2021 Filing 19 [SEALED] Joint Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding Consolidation of Cases - re (18 in 1:21-cv-01138-MN, 58 in 1:21-cv-00691-MN) Oral Order,,. (Attachments: #1 Exhibit A)(Tigan, Jeremy)
October 22, 2021 Opinion or Order Filing 18 ORAL ORDER - As these matters involve the same parties and are related, the Court believes that they should proceed on the same schedule. THEREFORE, IT IS HEREBY ORDERED that the parties shall meet and confer to determine whether any changes to the current schedule in C.A. No. 21-691 need to be made in order to get the two cases on the same schedule and, on or before 10/29/2021, shall report back to the Court in a joint letter about any changes required. ORDERED by Judge Maryellen Noreika on 10/22/2021. (dlw)
September 30, 2021 Filing 17 ANSWER to #12 Answer to Complaint,, Counterclaim, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy)
September 28, 2021 Pro Hac Vice Attorneys Herman H. Yue and Marc N. Zubick for Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, and Avadel US Holdings, 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. (srs)
September 27, 2021 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Kenneth G. Schuler, Marc N. Zubick, Alex Grabowski, Sarah W. Wang, Bornali Rashmi Borah, and Herman Yue - filed by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc.. (Silver, Daniel)
September 27, 2021 Opinion or Order SO ORDERED re #16 MOTION for Pro Hac Vice Appearance of Attorney Kenneth G. Schuler, Marc N. Zubick, Alex Grabowski, Sarah W. Wang, Bornali Rashmi Borah, and Herman Yue filed by Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals LLC, Avadel Pharmaceuticals plc, Avadel Management Corporation, Avadel Legacy Pharmaceuticals, LLC. ORDERED by Judge Maryellen Noreika on 9/27/2021. (dlw)
September 15, 2021 Pro Hac Vice Attorneys Daralyn J. Durie,Katherine E. McNutt, and Kira A. Davis for Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, and Avadel US Holdings, 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. (srs)
September 14, 2021 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Daralyn Durie, Kira Davis and Katherine E. McNutt - filed by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc.. (Silver, Daniel)
September 14, 2021 Opinion or Order SO ORDERED re #15 MOTION for Pro Hac Vice Appearance of Attorney Daralyn Durie, Kira Davis and Katherine E. McNutt filed by Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals LLC, Avadel Pharmaceuticals plc, Avadel Management Corporation, Avadel Legacy Pharmaceuticals, LLC. ORDERED by Judge Maryellen Noreika on 9/14/2021. (dlw)
September 13, 2021 Filing 14 NOTICE of Appearance by Alexandra M. Joyce on behalf of Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc. (Joyce, Alexandra)
September 9, 2021 Filing 13 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc.. (Silver, Daniel)
September 9, 2021 Filing 12 ANSWER to #1 Complaint, , COUNTERCLAIM against Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. by Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC, Avadel US Holdings, Inc., Avadel Legacy Pharmaceuticals, LLC.(Silver, Daniel)
August 20, 2021 Filing 11 SUMMONS Returned Executed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. Avadel US Holdings, Inc. served on 8/19/2021, answer due 9/9/2021. (Tigan, Jeremy)
August 20, 2021 Filing 10 SUMMONS Returned Executed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. Avadel Specialty Pharmaceuticals, LLC served on 8/19/2021, answer due 9/9/2021. (Tigan, Jeremy)
August 20, 2021 Filing 9 SUMMONS Returned Executed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. Avadel Pharmaceuticals plc served on 8/19/2021, answer due 9/9/2021. (Tigan, Jeremy)
August 20, 2021 Filing 8 SUMMONS Returned Executed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. Avadel Management Corporation served on 8/19/2021, answer due 9/9/2021. (Tigan, Jeremy)
August 20, 2021 Filing 7 SUMMONS Returned Executed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. Avadel Legacy Pharmaceuticals, LLC served on 8/19/2021, answer due 9/9/2021. (Tigan, Jeremy)
August 20, 2021 Filing 6 SUMMONS Returned Executed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. Avadel CNS Pharmaceuticals LLC served on 8/19/2021, answer due 9/9/2021. (Tigan, Jeremy)
August 11, 2021 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
August 5, 2021 Filing 5 Summons Issued with Magistrate Consent Notice attached as to Avadel CNS Pharmaceuticals LLC on 8/5/2021; Avadel Legacy Pharmaceuticals, LLC on 8/5/2021; Avadel Management Corporation on 8/5/2021; Avadel Pharmaceuticals plc on 8/5/2021; Avadel Specialty Pharmaceuticals, LLC on 8/5/2021; Avadel US Holdings, Inc. on 8/5/2021. (Attachments: #1 Summons Issued, #2 Summons Issued, #3 Summons Issued, #4 Summons Issued, #5 Summons Issued)(mal)
August 4, 2021 Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Jazz Pharmaceuticals plc for Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (mal)
August 4, 2021 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,077,079,B1. (mal)
August 4, 2021 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal)
August 4, 2021 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed against Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals plc, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3672835.) - filed by Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited. (Attachments: #1 Exhibit A-F, #2 Civil Cover Sheet)(mal)

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Search for this case: Jazz Pharmaceuticals, Inc. et al v. Avadel CNS Pharmaceuticals, LLC
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Counter defendant: Jazz Pharmaceuticals, Inc.
Represented By: Jack B. Blumenfeld
Represented By: Jeremy A. Tigan
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Plaintiff: Jazz Pharmaceuticals Ireland Limited
Represented By: Jack B. Blumenfeld
Represented By: Jeremy A. Tigan
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Counter claimant: Avadel Pharmaceuticals plc
Represented By: Daniel M. Silver
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Counter claimant: Avadel US Holdings, Inc.
Represented By: Daniel M. Silver
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Counter claimant: Avadel Specialty Pharmaceuticals, LLC
Represented By: Daniel M. Silver
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Counter claimant: Avadel Management Corporation
Represented By: Daniel M. Silver
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Defendant: Avadel Legacy Pharmaceuticals, LLC
Represented By: Daniel M. Silver
Represented By: Alexandra M. Joyce
Represented By: Daralyn J. Durie
Represented By: Herman H. Yue
Represented By: Katherine E. McNutt
Represented By: Kira A. Davis
Represented By: Marc N. Zubick
Represented By: Sarah Propst
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Defendant: Avadel CNS Pharmaceuticals LLC
Represented By: Daniel M. Silver
Represented By: Alexandra M. Joyce
Represented By: Angela Whitesell
Represented By: Audra Sawyer
Represented By: Daralyn J. Durie
Represented By: Herman H. Yue
Represented By: Katherine E. McNutt
Represented By: Kira A. Davis
Represented By: Marc N. Zubick
Represented By: Sarah Propst
Represented By: Yi Ning
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