Zogenix, Inc. et al v. Lupin Ltd.
Plaintiff: Zogenix, Inc., Zogenix International Ltd., Katholieke Universiteit Leuven and University Hospital Antwerp
Defendant: Lupin Ltd.
Case Number: 1:2021cv01424
Filed: October 6, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Referring Judge: Colm F Connolly
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2022 Opinion or Order Filing 57 ORAL ORDER Setting Hearing on Motion: A hearing on the pending Partial Motion to Dismiss Counterclaims XV-XVIII Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(B)(6) (D.I. #20 ) is scheduled for June 15, 2022, at 10:00 AM Eastern Time via video conference before Judge Jennifer L. Hall. Each side will be allocated 15 minutes for argument. The parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing the following information regarding oral argument on or before June 13, 2022: (1) a video conference link with instructions on how to join the conference; (2) a separate audio-only dial-in; and (3) a list of attendees for each party, specifying who will be presenting argument. Any video conference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Slide presentations or demonstratives may be presented by the parties on the video conference screen or referred to by the parties at the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the video conference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 3/18/2022. (ceg)
March 17, 2022 Filing 56 NOTICE OF SERVICE of Plaintiffs' Identification of Accused Products and Asserted Patents and production of file histories for each asserted patent filed by Zogenix International Ltd., Zogenix, Inc..(Dellinger, Megan)
March 15, 2022 Filing 55 NOTICE OF SERVICE of of Plaintiffs Paragraph 3 Disclosures and Plaintiffs Rule 26(a)(1) Initial Disclosures filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc..(Kraft, Denise)
March 15, 2022 Filing 54 MOTION for Pro Hac Vice Appearance of Attorney George F. Pappas, Einar Stole, A.J. Carvalho, Tobias Ma, Alexa Hansen, Chip Hall and Jennifer D. Cieluch - filed by Zogenix International Ltd., Zogenix, Inc.. (Dellinger, Megan)
March 15, 2022 Filing 53 NOTICE OF SERVICE of Lupin Ltd.'s [HIGHLY CONFIDENTIAL] Federal Rule of Civil Procedure 26(a)(1) Initial Disclosures and Lupin Ltd.'s [HIGHLY CONFIDENTIAL] Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Lupin Ltd..(Bilson, David)
March 15, 2022 Opinion or Order SO ORDERED, re #54 MOTION for Pro Hac Vice Appearance of Attorney George F. Pappas, Einar Stole, A.J. Carvalho, Tobias Ma, Alexa Hansen, Chip Hall and Jennifer D. Cieluch, filed by Zogenix International Ltd., Zogenix, Inc.. Signed by Judge Richard G. Andrews on 3/15/2022. (nms)
March 14, 2022 Filing 52 NOTICE of Appearance of Jack B. Blumenfeld and Megan Elizabeth Dellinger on behalf of Zogenix International Ltd., Zogenix, Inc. (Dellinger, Megan) Modified on 3/15/2022 (nms).
March 11, 2022 Opinion or Order Filing 51 SO ORDERED Granting (D.I. 50 in 21-cv-1424-RGA; D.I. 50 in 21-cv-01252-RGA) Proposed Protective Order. Signed by Judge Richard G. Andrews on 3/11/2022. Associated Cases: 1:21-cv-01252-RGA, 1:21-cv-01424-RGA(nms)
March 10, 2022 Filing 50 PROPOSED Protective Order, by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Kraft, Denise) Modified on 3/11/2022 (nms).
March 4, 2022 Filing 49 NOTICE OF SERVICE of New Drug Application (NDA) Related to the Fintepla product filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc..(Kraft, Denise)
February 28, 2022 Opinion or Order Filing 48 COORDINATED SCHEDULING ORDER: Joinder of Parties due by 9/15/2022. Amended Pleadings due by 2/3/2023. Fact Discovery completed by 4/14/2023. Joint Claim Construction Brief due by 12/16/2022. A Markman Hearing is set for 1/12/2023, at 9:30 AM in Courtroom 6A. A Pretrial Conference is set for 2/23/2024, at 8:30 AM in Courtroom 6A. A 3 day Bench Trial is set to start 3/4/2024, at 8:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 2/28/2022. Associated Cases: 1:21-cv-01252-RGA, 1:21-cv-01424-RGA(nms)
February 28, 2022 Filing 47 PROPOSED Scheduling Order, by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Kraft, Denise) Modified on 2/28/2022 (nms).
February 25, 2022 Opinion or Order Filing 46 ORAL ORDER: The request (D.I. #43 ) for ten hours of deposition time to conduct each of the Rule 30(b)(1) depositions of the two identified inventors is DENIED. Ordered by Judge Richard G. Andrews on 2/25/2022. (nms)
February 24, 2022 Filing 45 Letter to Honorable Richard G. Andrews, from Denise Seastone Kraft, Esq., regarding response to Defendant Lupin Ltd.'s February 24, 2022 correspondence (D.I. #43 ). (Kraft, Denise) Modified on 2/24/2022 (nms).
February 24, 2022 Filing 44 NOTICE OF SERVICE of Plaintiffs Zogenix, Inc., Zogenix International Ltd., Katholeike Universiteit Leuven, and University Hospital Antwerp's First Set of Interrogatories and First Set of Requests for Production to Defendant Lupin Ltd. filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc..(Kraft, Denise)
February 24, 2022 Filing 43 Letter to The Honorable Richard G. Andrews from John C. Phillips, Jr. regarding time limitations on certain depositions. (Phillips, John)
February 23, 2022 Filing 42 Letter to Magistrate Judge Jennifer L. Hall, from Denise Seastone Kraft, Esq., regarding courtesy copies of Plaintiffs' Partial Motion To Dismiss Defendants Counterclaims XV-XVIII Pursuant To Fed.R.Civ.P. 12(B)(1) and 12(B)(6). (Kraft, Denise) Modified on 2/23/2022 (nms).
February 22, 2022 Filing 41 REDACTED VERSION of #26 Reply Brief, by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Kraft, Denise) Modified on 2/22/2022 (nms).
February 22, 2022 Filing 40 REDACTED VERSION of #21 Opening Brief in Support, by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Attachments: #1 Exhibit 1)(Kraft, Denise) Modified on 2/22/2022 (nms).
February 22, 2022 Opinion or Order Filing 39 ORAL ORDER: The Court has reviewed the proposed redactions of D.I. #21 and D.I. #26 (see request at D.I. 32 ) along with the declaration in support (D.I. #35 ) and is content with the parties proposals. Ordered by Judge Richard G. Andrews on 2/22/2022. (nms)
February 22, 2022 Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 2/22/2022. Local counsel present for Plaintiffs: D. Kraft. Local counsel present for Defendants: C. Hitch, K. Dorsney, and J. Phillips. Plaintiff will submit a revised scheduling order as discussed. (Court Reporter Heather Triozzi.) Associated Cases: 1:21-cv-01252-RGA, 1:21-cv-01424-RGA(nms)
February 18, 2022 Filing 38 Letter to Honorable Richard G. Andrews from Denise Seastone Kraft, Esquire regarding Telephonic Scheduling Conference Participation Information. (Kraft, Denise)
February 18, 2022 Filing 37 Letter to Honorable Richard G. Andrews, from Denise Seastone Kraft, Esq., regarding proposed Scheduling Order. (Kraft, Denise) Modified on 2/21/2022 (nms).
February 18, 2022 Filing 36 PROPOSED Scheduling Order, by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Kraft, Denise) Modified on 2/21/2022 (nms).
February 18, 2022 Filing 35 DECLARATION of Keith D. Parr, Esq. re #26 Reply Brief, by Lupin Ltd.. (Phillips, John) Modified on 2/18/2022 (nms).
February 17, 2022 Opinion or Order Filing 34 ORAL ORDER: On or before February 23, 2022, counsel should submit to the Clerk's Office (2) courtesy copies of all briefs and (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.) regarding the pending motion(s) referred to Judge Hall. ORDERED by Judge Jennifer L. Hall on 2/17/2022. (ceg)
February 15, 2022 Filing 33 REDACTED VERSION of #23 Answering Brief in Opposition, by Lupin Ltd.. (Attachments: #1 Exhibit A)(Phillips, John)
February 14, 2022 Opinion or Order Filing 32 ORAL ORDER: Plaintiffs are to submit their briefs at D.I. #21 and #26 with the redactions highlighted in yellow. If either party wishes to keep any of these redactions, they need to submit a detailed declaration in support of the request by no later than Feb. 18 COB. Ordered by Judge Richard G. Andrews on 2/14/2022. (nms)
February 14, 2022 Opinion or Order Filing 31 ORAL ORDER: The proposed redactions for the brief (D.I. #23 ) are entirely rejected except as to those on pp. 3 n.1, 8, and 11. Ordered by Judge Richard G. Andrews on 2/14/2022. (nms)
February 14, 2022 Opinion or Order ORAL ORDER: The Partial Motion to Dismiss Counterclaims XV-XVIII Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(B)(6) (D.I. #20 ) is now REFERRED to Magistrate Judge Jennifer L. Hall. Ordered by Judge Richard G. Andrews on 2/14/2022. Motions referred to Jennifer L. Hall.(nms)
February 11, 2022 Filing 30 DECLARATION of Keith D. Parr, Esq. re #29 Redacted Document, by Lupin Ltd.. (Phillips, John) Modified on 2/11/2022 (nms).
February 11, 2022 Filing 29 REDACTED VERSION of #23 Answering Brief in Opposition, by Lupin Ltd.. (Attachments: #1 Exhibit A)(Phillips, John)
February 8, 2022 Filing 28 REDACTED VERSION of #26 Reply Brief, by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Kraft, Denise)
February 4, 2022 Opinion or Order Filing 27 ORAL ORDER: The redacted filing (D.I. #25 ) is REJECTED because parts of it are redacted in its entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filing is DUE within five business days. Ordered by Judge Richard G. Andrews on 2/4/2022. (nms)
February 1, 2022 Filing 26 [SEALED] REPLY BRIEF re #20 Partial Motion to Dismiss Counterclaims XV-XVIII Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(B)(6) filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Kraft, Denise)
February 1, 2022 Filing 25 REDACTED VERSION of #23 Answering Brief in Opposition, by Lupin Ltd.. (Attachments: #1 Exhibit A)(Phillips, John)
January 26, 2022 Filing 24 CERTIFICATE OF SERVICE of Defendant Lupin Ltd.'s Answering Brief in Opposition to Plaintiffs' Partial Motion to Dismiss Defendant's Counterclaims XV-XVIII (D.I. #24 ), by Lupin Ltd.. (Phillips, John) Modified on 1/26/2022 (nms).
January 26, 2022 DEFICIENCY NOTICE by the Court issued to Lupin Ltd. re #23 Sealed Answering Brief in Opposition. This filing does not comply with Local Rule 5.2(b)(1). Defendant is requested to supplement the docket with an appropriate certificate of service. (nms)
January 25, 2022 Filing 23 [SEALED] ANSWERING BRIEF in Opposition re #20 Partial Motion to Dismiss Counterclaims XV-XVIII Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(B)(6) filed by Lupin Ltd..Reply Brief due date per Local Rules is 2/1/2022. (Attachments: #1 Exhibit A)(Phillips, John)
January 18, 2022 Filing 22 REDACTED VERSION of #21 Opening Brief in Support, by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Attachments: #1 Exhibit 1)(Kraft, Denise)
January 11, 2022 Filing 21 [SEALED] OPENING BRIEF in Support re #20 Partial Motion to Dismiss Counterclaims XV-XVIII Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(B)(6), filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc..Answering Brief/Response due date per Local Rules is 1/25/2022. (Attachments: #1 Exhibit 1)(Kraft, Denise) Modified on 1/12/2022 (nms).
January 11, 2022 Filing 20 Partial Motion to Dismiss Counterclaims XV-XVIII Pursuant to Fed. R. Civ. P. 12(B)(1) and 12(B)(6) - filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Attachments: #1 Proposed Order)(Kraft, Denise) Modified on 1/12/2022 (nms).
January 11, 2022 Filing 19 ANSWER to #12 Answer to Complaint, Counterclaim by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc..(Kraft, Denise)
January 11, 2022 Opinion or Order Filing 18 Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 2/22/2022, at 2:00 PM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 1/11/2022. (nms)
January 10, 2022 Filing 17 Letter to Honorable Richard G. Andrews, from Plaintiffs' Counsel, regarding coordination of discovery Markman and scheduling conference. (Kraft, Denise) Modified on 1/11/2022 (nms).
December 15, 2021 Opinion or Order SO ORDERED, re #16 STIPULATION for Extension of Time to reply to Counterclaims by January 11, 2022. Signed by Judge Richard G. Andrews on 12/15/2021. (nms)
December 15, 2021 Case Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:21-cv-01252-RGA, 1:21-cv-01424-RGA, 1:21-cv-01533-RGA (rjb)
December 13, 2021 Filing 16 STIPULATION TO EXTEND TIME Plaintiffs' Response to Defendant's Counterclaims to January 11, 2022 - filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Kraft, Denise)
December 13, 2021 Opinion or Order Filing 15 ORDER: IT IS ORDERED that, on or before January 10, 2022, counsel for plaintiffs shall inform the court as to whether the need for coordinated discovery and/or Markman proceedings is anticipated as to the above cases and, if so, when a joint scheduling conference might most efficiently be conducted (*Notice of Compliance deadline set for 1/10/2022). Signed by Judge Colm F. Connolly on 12/13/2021. Associated Cases: 1:21-cv-01252-CFC, 1:21-cv-01424-CFC, 1:21-cv-01533-CFC(nmf) Modified on 12/15/2021 (nms).
December 6, 2021 Filing 14 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Lupin Ltd.. (Phillips, John)
December 6, 2021 Filing 13 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,452,815 ;10,950,331 . (Phillips, John)
December 6, 2021 Filing 12 ANSWER to #1 Complaint, with Affirmative Defenses and COUNTERCLAIMS against All Plaintiffs by Lupin Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Phillips, John) Modified on 12/15/2021 (nms).
November 18, 2021 Pro Hac Vice Attorneys Keith D. Parr, Leah Brackensick, Nina Vachhani, and Smitha B. Uthaman for Lupin 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. (srs)
November 17, 2021 Opinion or Order SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Keith D. Parr, Nina Vachhani, Smitha B. Uthaman and Leah M. Brackensick, filed by Lupin Ltd. Ordered by Judge Colm F. Connolly on 11/17/2021. (kmd)
November 16, 2021 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Keith D. Parr, Nina Vachhani, Smitha B. Uthaman and Leah M. Brackensick - filed by Lupin Ltd.. (Attachments: #1 Parr Pro Hac Certification, #2 Vachhani Pro Hac Certification, #3 Uthaman Pro Hac Certification, #4 Brackensick Pro Hac Certification)(Phillips, John)
November 15, 2021 Filing 10 NOTICE of Appearance by David A. Bilson on behalf of Lupin Ltd. (Bilson, David)
November 15, 2021 Filing 9 NOTICE of Appearance by John C. Phillips, Jr on behalf of Lupin Ltd. (Phillips, John)
October 15, 2021 Pro Hac Vice Attorney Kimberlynn B. Davis,Stuart E. Pollack,Michael E. Furrow,April Abele Isaacson for Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd. and Zogenix, 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)
October 13, 2021 Filing 8 MOTION for Pro Hac Vice Appearance of Attorney April Abele Isaacson; Michael E. Furrow; Stuart E. Pollack; and Kimberlynn B. Davis - filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of April Abele Isaacson, #3 Certification of Michael E. Furrow, #4 Certification of Stuart E. Pollack, #5 Certification of Kimberlynn B. Davis)(Kraft, Denise)
October 13, 2021 Filing 7 WAIVER OF SERVICE returned executed by Zogenix, Inc., Zogenix International Ltd.: For Lupin Ltd. waiver sent on 10/6/2021, answer due 12/6/2021. (Kraft, Denise)
October 13, 2021 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
October 13, 2021 Opinion or Order SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney April Abele Isaacson; Michael E. Furrow; Stuart E. Pollack; and Kimberlynn B. Davis filed by Zogenix International Ltd., Zogenix, Inc., Katholieke Universiteit Leuven, University Hospital Antwerp. Ordered by Judge Colm F. Connolly on 10/13/2021. (kmd)
October 6, 2021 Filing 6 Summons Issued with Magistrate Consent Notice attached as to Lupin Ltd. on 10/6/2021. (apk)
October 6, 2021 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Zogenix, Inc. for Zogenix International Ltd. filed by Katholieke Universiteit Leuven, University Hospital Antwerp, Zogenix International Ltd., Zogenix, Inc. (apk)
October 6, 2021 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,549,909 B2 ;US 9,603,814 B2 ;US 9,603,815 B2 ;US 9,610,260 B2 ;US 10,478,441 B2 ;US 10,478,442 B2 ;US 10,947,183 B2. (apk)
October 6, 2021 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 08/31/2021. Date of Expiration of Patent: 12/20/2036.Thirty Month Stay Deadline: 2/29/2024. (apk)
October 6, 2021 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
October 6, 2021 Filing 1 COMPLAINT filed against Lupin Ltd. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3715505.) - filed by Zogenix, Inc., Zogenix International Ltd., University Hospital Antwerp, Katholieke Universiteit Leuven. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(apk)

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Search for this case: Zogenix, Inc. et al v. Lupin Ltd.
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Plaintiff: Zogenix, Inc.
Represented By: Denise Seastone Kraft
Represented By: April Abele Isaacson
Represented By: Kimberlynn B. Davis
Represented By: Michael E. Furrow
Represented By: Stuart E. Pollack
Represented By: Jack B. Blumenfeld
Represented By: Megan Elizabeth Dellinger
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Plaintiff: Zogenix International Ltd.
Represented By: Denise Seastone Kraft
Represented By: April Abele Isaacson
Represented By: Kimberlynn B. Davis
Represented By: Michael E. Furrow
Represented By: Stuart E. Pollack
Represented By: Jack B. Blumenfeld
Represented By: Megan Elizabeth Dellinger
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Plaintiff: Katholieke Universiteit Leuven
Represented By: Denise Seastone Kraft
Represented By: April Abele Isaacson
Represented By: Kimberlynn B. Davis
Represented By: Michael E. Furrow
Represented By: Stuart E. Pollack
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Plaintiff: University Hospital Antwerp
Represented By: Denise Seastone Kraft
Represented By: April Abele Isaacson
Represented By: Kimberlynn B. Davis
Represented By: Michael E. Furrow
Represented By: Stuart E. Pollack
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Defendant: Lupin Ltd.
Represented By: David A. Bilson
Represented By: John C. Phillips, Jr.
Represented By: Keith D. Parr
Represented By: Leah Brackensick
Represented By: Nina Vachhani
Represented By: Smitha B. Uthaman
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