Jazz Pharmaceuticals, Inc. et al v. Avadel CNS Pharmaceuticals, LLC
| Jazz Pharmaceuticals, Inc. |
| Avadel Pharmaceuticals PLC, Avadel US Holdings, Inc., Avadel Specialty Pharmaceuticals, LLC, Avadel Legacy Pharmaceuticals, LLC and Avadel Management Corporation |
| Jazz Pharmaceuticals Ireland Limited |
| Avadel CNS Pharmaceuticals LLC |
| 1:2021cv01594 |
| November 10, 2021 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Gregory B Williams |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
SO ORDERED, re (326 in 1:21-cv-00691-GBW, 212 in 1:21-cv-01594-GBW, 217 in 1:21-cv-01138-GBW) STIPULATION TO EXTEND TIME to submit Reply Expert Reports to June 30, 2023 filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. Signed by Judge Gregory B. Williams on 6/23/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 212 STIPULATION TO EXTEND TIME to submit Reply Expert Reports to June 30, 2023 - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
| Filing 211 AMENDED COMPLAINT for Patent Infringement against Avadel CNS Pharmaceuticals LLC- filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits A-C)(Tigan, Jeremy) |
|
SO ORDERED, re (323 in 1:21-cv-00691-GBW, 214 in 1:21-cv-01138-GBW, 209 in 1:21-cv-01594-GBW) STIPULATION to Amend Complaints filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. Signed by Judge Gregory B. Williams on 6/9/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 210 NOTICE OF SERVICE of (1) Jazz Pharmaceuticals' Second Set of Interrogatories (Nos. 9-15), (2) Jazz Pharmaceuticals' Fifth Set of Requests for the Production of Documents and Things (Nos. 82-98), and (3) Plaintiffs' Supplemental 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) |
| Filing 209 STIPULATION to Amend Complaints by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - Amended Complaint C.A. 21-691, #2 Exhibits A-F to Amended Complaint C.A. 21-691, #3 Exhibit 2 - Amended Complaint C.A. 21-1138, #4 Exhibits A-D to Amended Complaint C.A. 21-1138, #5 Exhibit 3 - Amended Complaint C.A. 21-1594, #6 Exhibits A-C to Amended Complaint C.A. 21-1594, #7 Exhibit 4 - Redline C.A. 21-691, #8 Exhibit 5 - Redline C.A. 21-1138, #9 Exhibit 6 - Redline C.A. 21-1594)(Tigan, Jeremy) |
| Filing 208 NOTICE OF SERVICE of (1) Defendant's Second Set of Requests for Admissions, and (2) Defendant's Supplemental Notice of Deposition of Plaintiffs Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel) |
| Filing 207 NOTICE OF SERVICE of (1) Defendant's Eighth Set of Requests for Production of Documents and Things to Plaintiffs, and (2) Defendant's Eighth Set of Interrogatories to Plaintiffs filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 206 NOTICE OF SERVICE of Defendant's Second Amended Disclosures Pursuant to Fed. R. Civ. P. 26(A) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Pro Hac Vice Attorney Adam R. Brausa 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-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (mkr) |
|
SO ORDERED, re (205 in 1:21-cv-01594-GBW, 210 in 1:21-cv-01138-GBW, 319 in 1:21-cv-00691-GBW) MOTION for Pro Hac Vice Appearance of Attorney Adam R. Brausa filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. Signed by Judge Gregory B. Williams on 5/9/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 205 MOTION for Pro Hac Vice Appearance of Attorney Adam R. Brausa - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
| Filing 204 NOTICE OF SERVICE of (1) Responsive Expert Report of Alexander Klibanov, Ph.D., Regarding Non-Infringement, and (2) Expert Report Carlo Giovanni Traverso, Ph.D., MB, BCHIR filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 203 NOTICE OF SERVICE of (1) Responsive Expert Report of Richard K. Bogan, M.D., FCCP, (2) Responsive Expert Report of Martyn Christopher Davies, Ph.D., (3) Rebuttal Expert Report of David J. Greenblatt, M.D., (4) Rebuttal Expert Report of Steven R. Little, Ph.D. Regarding U.S. Patent Nos. 11,077,079 and 11,147,782, (5) Rebuttal Expert Report of Steven R. Little, Ph.D. Regarding the Sustained Release Patents, (6) Supplemental Rebuttal Expert Report of Steven R. Little, Ph.D. Regarding the Sustained Release Patents, (7) Rebuttal Expert Report of R. Christian Moreton, M.Sc, Ph.D, M.R.Pharm.S, C.Sci., (8) Rebuttal Expert Report of Adam C. Myers, Ph.D. and (9) Rebuttal Expert Report of Robert L. Stoll filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 202 REDACTED VERSION of (198 in 1:21-cv-01594-GBW, 312 in 1:21-cv-00691-GBW, 203 in 1:21-cv-01138-GBW) Appendix, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits A-O)(Tigan, Jeremy) |
| Filing 201 REDACTED VERSION of (202 in 1:21-cv-01138-GBW, 311 in 1:21-cv-00691-GBW, 197 in 1:21-cv-01594-GBW) Appendix, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits 1-41)(Tigan, Jeremy) |
| Filing 200 REDACTED VERSION of (201 in 1:21-cv-01138-GBW) Joint Claim Construction Brief, (196 in 1:21-cv-01594-GBW) Joint Claim Construction Brief, (310 in 1:21-cv-00691-GBW) Joint Claim Construction Brief by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 199 NOTICE OF SERVICE of (1) Supplemental Expert Report of Dr. Martin Scharf, (2) Supplemental Opening Expert Report of Robert S. Langer, (3) Second Supplemented Opening Expert Report of William Charman, and (4) Second Supplemental Opening Expert Report of Alexander M. Klibonv, Ph.D. filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 198 [SEALED] Joint APPENDIX re (202 in 1:21-cv-01138-GBW, 311 in 1:21-cv-00691-GBW, 197 in 1:21-cv-01594-GBW) Appendix, (201 in 1:21-cv-01138-GBW) Joint Claim Construction Brief, (196 in 1:21-cv-01594-GBW) Joint Claim Construction Brief, (310 in 1:21-cv-00691-GBW) Joint Claim Construction Brief -- Joint Supplemental Claim Construction Appendix: Volume 2 of 2 -- by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits A-O)(Tigan, Jeremy) |
| Filing 197 [SEALED] Joint APPENDIX re (201 in 1:21-cv-01138-GBW) Joint Claim Construction Brief, (196 in 1:21-cv-01594-GBW) Joint Claim Construction Brief, (310 in 1:21-cv-00691-GBW) Joint Claim Construction Brief -- Joint Supplemental Claim Construction Appendix: Volume 1 of 2 -- by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits 1-41)(Tigan, Jeremy) |
| Filing 196 [SEALED] Supplemental JOINT CLAIM CONSTRUCTION BRIEF filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 195 NOTICE OF SERVICE of Avadel's Sur-Reply Supplemental Markman Brief filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 194 NOTICE OF SERVICE of Plaintiffs' Supplemental Reply Markman Brief filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 193 NOTICE OF SERVICE of Defendant's Responsive Supplemental Markman Brief and Supporting Documents filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
|
SO ORDERED, re (180 in 1:21-cv-01594-GBW, 185 in 1:21-cv-01138-GBW, 291 in 1:21-cv-00691-GBW) MOTION to Redact Portions of the January 4, 2023 Discovery Teleconference Transcript filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. ORDERED by Judge Gregory B. Williams on 4/4/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 192 NOTICE OF SERVICE of Plaintiffs' Supplemental Opening Markman Brief filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Pro Hac Vice Attorney Herman H. Yue 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. (apk) |
| Filing 191 STIPULATION and [Proposed] Order Modifying Case Schedule by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 190 REDACTED VERSION of (296 in 1:21-cv-00691-GBW, 189 in 1:21-cv-01138-GBW, 184 in 1:21-cv-01594-GBW) Letter to The Honorable Gregory B. Williams from Daniel Silver re: Amendment of Infringement Contentions by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
| Filing 189 REDACTED VERSION of (186 in 1:21-cv-01594-GBW, 191 in 1:21-cv-01138-GBW, 298 in 1:21-cv-00691-GBW) Letter, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exs. 1-12)(Tigan, Jeremy) |
|
Filing 188
ORAL ORDER: Avadel's motion for leave to amend its non-infringement contentions is GRANTED. Avadel's final contentions were due on May 6, 2022. D.I. 72 & 97. Avadel "served its amended non-infringement contentions on February 16 2023 ." D.I. 296-1 at 4; D.I. 296 at 2. As a result, Avadel's motion seeks an alteration to a Scheduling Order deadline, which implicates Fed. R. Civ. P. 16(b)(4). Brit. Telecommunications PLC v. IAC/InterActiveCorp, C.A. No. 18-366-WCB, 2020 WL 3047989, at *2 (D. Del. June 8, 2020). Under Rule 16(b)(4), "[a] schedule may be modified only for good cause and with the judge's consent." "The good cause standard hinges on the diligence of the moving party; in order to show good cause, a movant must first meet the threshold requirement that it demonstrate that, despite diligence, the proposed new filing could not have reasonably been made in a timely manner." Vaxel Int'l Co., Ltd v. HealthCo LLC, C.A. No. 20-224-GBW, D.I. 226 (D. Del. June 28, 2022). The Court also considers "the importance of the new information, evidence of gamesmanship in the untimely disclosure, the potential prejudice to the opposing party, and the likelihood of disruption to the case schedule." Fraunhofer-Gesellschaft Zur Forderung Der Angewandten Forschung e.V. v. Sirus XM Radio Inc., C.A. No. 17-184-JFB-SRF, 2022 WL 608143, at *2 (D. Del. Jan. 27, 2022), report and recommendation adopted and objections overruled, D.I. 563 (May 25, 2022). Here, the Court agrees with Avadel that there is "good cause for the assertion of a non-infringement theory that crystalized only after Jazz served its opening expert reports" because "[u]ntil then, it was not clear that Jazz would accuse sodium oxybate alone of meeting the oxybate limitations." D.I. 296 at 3. After receiving Jazz's opening expert reports on January 17, 2023, D.I. 287, Avadel raised its concerns with Jazz on February 8, D.I. 296-1 at 191-92, and shared its proposed amended non-infringement contentions on February 16, id. at 190. Avadel's amendments appear central to its non-infringement positions and Jazz does not argue gamesmanship. Although Jazz appears to principally complain that responding to Avadel's amendments will require substantial effort that may imperil the trial date, D.I. 298 at 3, any prejudice does not appear incurable. Accordingly, the parties SHALL meet and confer and, no later than March 15, 2023, submit to the Court (a) a stipulated amended Scheduling Order modifying any relevant deadlines necessary for Jazz to address Avadel's amended non-infringement contentions, which modifications shall not disrupt the October 2023 trial date, and (b) the parties shall identify whether the Court must construe "gamma hydroxybutyrate" beyond its plain and ordinary meaning, which is the default in claim construction. Phillips v. AWH Corp., 415 F.3d 1303, 1316 (Fed. Cir. 2005). If the parties are unable to reach agreement on a stipulated amended Scheduling Order or whether "gamma hydroxybutyrate" requires construction, then, on or before March 15, 2023, Jazz shall file a supplemental letter of no more than three (3) pages identifying (a) any dates in the Scheduling Order for which Jazz requests adjustment and (b) its claim construction position on "gamma hydroxybutyrate," including its position on what the plain and ordinary meaning of that term is, if Jazz argues plain and ordinary meaning. Avadel shall file a responsive letter of no more than three (3) pages addressing the same issues no later than March 22, 2022. The teleconference scheduled for March 8, 2023 is CANCELED. ORDERED by Judge Gregory B. Williams. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW(etg)
|
|
SO ORDERED, re (192 in 1:21-cv-01138-GBW, 187 in 1:21-cv-01594-GBW, 300 in 1:21-cv-00691-GBW) STIPULATION TO EXTEND TIME for Defendant to submit a redacted public version of its February 28, 2023 Discovery Dispute Letter and supporting exhibits (see C.A. 21-691-GBW, D.I. No. 196) to March 10, 2023 filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. Signed by Judge Gregory B. Williams on 3/8/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 187 STIPULATION TO EXTEND TIME for Defendant to submit a redacted public version of its February 28, 2023 Discovery Dispute Letter and supporting exhibits (see C.A. 21-691-GBW, D.I. No. 196) to March 10, 2023 - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 186 [SEALED] Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Jazz's Opposition to Avadel's Motion to Amend Its Infringement Contentions - re (296 in 1:21-cv-00691-GBW, 189 in 1:21-cv-01138-GBW, 184 in 1:21-cv-01594-GBW) Letter. (Attachments: #1 Exhibits 1-12)(Tigan, Jeremy) |
| Filing 185 DECLARATION re (296 in 1:21-cv-00691-GBW, 189 in 1:21-cv-01138-GBW, 184 in 1:21-cv-01594-GBW) Letter Declaration of Alexander M. Klibanov, Ph.D. by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel) |
| Filing 184 [SEALED] Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding Amendment to Infringement Contentions. (Attachments: #1 Exhibits A - N, #2 Certificate of Service)(Silver, Daniel) |
|
Filing 183
ORAL ORDER: IT IS HEREBY ORDERED that a thirty (30) minute discovery teleconference will be held on Wednesday, March 8 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 Tuesday, February 28, 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 Friday, March 3, 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 2/14/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 182 Joint Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding scheduling of a discovery teleconference. (Silver, Daniel) |
| Filing 181 REDACTED VERSION of (180 in 1:21-cv-01594-GBW, 185 in 1:21-cv-01138-GBW, 291 in 1:21-cv-00691-GBW) MOTION to Redact (283 in 1:21-cv-00691-GBW) Transcript,, January 4, 2023 Discovery Teleconference Transcript by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tigan, Jeremy) |
| Filing 180 [SEALED] MOTION to Redact (283 in 1:21-cv-00691-GBW) Transcript,, January 4, 2023 Discovery Teleconference Transcript - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Ex. A, #2 Ex. B)(Tigan, Jeremy) |
|
SO ORDERED, re (290 in 1:21-cv-00691-GBW, 179 in 1:21-cv-01594-GBW, 184 in 1:21-cv-01138-GBW) STIPULATION TO EXTEND TIME for any party to submit a redaction request related to the transcript of the January 4, 2023 teleconference to January 30, 2023 filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. Signed by Judge Gregory B. Williams on 1/27/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 179 STIPULATION TO EXTEND TIME for any party to submit a redaction request related to the transcript of the January 4, 2023 teleconference to January 30, 2023 - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 178 NOTICE requesting Clerk to remove Yi Ning as co-counsel.. (Joyce, Alexandra) |
| Filing 177 NOTICE OF SERVICE of (1) Opening Expert Report of Bruce Corser, M.D., (2) Opening Expert Report of Kevin C. Almeroth Regarding Patent Ineligibility of U.S. Patent No. 8,731,963, (3) Opening Expert Report of Dr. Cory Berkland, (4) Opening Expert Report of Vivian Gray, (5) Opening Expert Report of Robert S. Langer, (6) Opening Expert Report of Alexander M. Klibanov, Ph.D., (7) Opening Expert Report of William Charman, (8) Opening Expert Report of Dr. Jeffrey Gudin Regarding Invalidity of U.S. Patent 8,731,963, (9) Expert Report of Dr. Martin Scharf, and (10) Opening Expert Report of Joseph Matal filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 176 NOTICE OF SERVICE of (1) Opening Expert Report of Richard K. Bogan Regarding U.S. Patent Nos. 10,959,956, 10,966,931 and 11,077,079, (2) Expert Report of Charles A. Kohl, Ph.D., (3) Opening Expert Report of Steven R. Little, Ph.D., and (4) Expert Report of Edward M. Sellers, M.D., PhD, FRCPC, FACP filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 175 NOTICE OF SERVICE of (1) Defendant's Responses to Jazz Pharmaceuticals' Fourth Set of Requests for Production of Documents and Things (No. 81) and (2) Avadel's Responses to Plaintiffs' Second Set of Requests for Admission (Nos. 69-72) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
|
SO ORDERED, re (281 in 1:21-cv-00691-GBW, 171 in 1:21-cv-01594-GBW, 176 in 1:21-cv-01138-GBW) STIPULATION and [Proposed] Order Regarding Deposition Testimony of Philip McGarrigle filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. Signed by Judge Gregory B. Williams on 1/6/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 174 REDACTED VERSION of (173 in 1:21-cv-01138-GBW, 168 in 1:21-cv-01594-GBW, 278 in 1:21-cv-00691-GBW) Letter, from Daniel M. Silver to The Honorable Gregory B. Williams in Opposition to Jazz's Request to Stay Expert Discovery Related to the '963 Patent by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
| Filing 173 NOTICE of Change of Firm Affiliation by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC (Joyce, Alexandra) |
|
Filing 172
ORAL ORDER: Jazz's request to stay expert discovery related to the '963 patent is denied. In the Court's discretion, a stay will not simplify the issues for trial because disputes related to the '963 patent remain in this action, and a stay would tactically disadvantage and unduly prejudice Avadel by permitting Jazz to enjoy regulatory exclusivity, which has been contested, without ever having to substantiate the merits of its infringement allegations. IT IS FURTHER ORDERED that, for the reasons stated on the record, Avadel's request for an additional three hours to depose Jazz's Rule 30(b)(6) witness, Clark Allphin, is granted. For topics 9, 11-13, and 17-21, to the extent that Avadel intends to question the witness about specific experiments or documents, Avadel should identify for Jazz the specific experiments or documents for which it intends to seek testimony at least 72 hours prior to the deposition. However, consistent with the additional instructions given by the Court during yesterday's hearing on the record, Avadel is not expected to identify for Jazz prior to the deposition questions seeking general information about specific topics for example, whether any experiment was conducted on a specific topic. ORDERED by Judge Gregory B. Williams on 1/5/23. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl) Modified on 1/5/2023 (ntl).
|
| Filing 171 Joint STIPULATION and [Proposed] Order Regarding Deposition Testimony of Philip McGarrigle by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
| Filing 170 REDACTED VERSION of (275 in 1:21-cv-00691-GBW, 170 in 1:21-cv-01138-GBW, 165 in 1:21-cv-01594-GBW) Letter from Daniel M. Silver to the Honorable Gregory B. Williams regarding Discovery Dispute by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
| Filing 169 REDACTED VERSION of (277 in 1:21-cv-00691-GBW, 172 in 1:21-cv-01138-GBW, 167 in 1:21-cv-01594-GBW) Letter, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exs. 1-4)(Tigan, Jeremy) |
| Minute Entry for proceedings held before Judge Gregory B. Williams - Telephone Conference held on 1/4/2023. (Court Reporter M. Rolfe.) Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl) |
| Filing 168 [SEALED] Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding Opposition to Jazz's Request to Stay Expert Discovery Related to the '963 Patent - re (166 in 1:21-cv-01594-GBW, 276 in 1:21-cv-00691-GBW, 171 in 1:21-cv-01138-GBW) Letter. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Silver, Daniel) |
| Filing 167 [SEALED] Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Opposition to Avadel's December 27, 2022 Discovery Dispute Letter - re (275 in 1:21-cv-00691-GBW, 170 in 1:21-cv-01138-GBW, 165 in 1:21-cv-01594-GBW) Letter. (Attachments: #1 Exs. 1-4)(Tigan, Jeremy) |
| Filing 166 Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Jazz's Request to Stay Expert Discovery Related to the '963 Patent. (Attachments: #1 Exs. A-B)(Tigan, Jeremy) |
| Filing 165 [SEALED] Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding Discovery Dispute. (Attachments: #1 Exhibits A-H, #2 Certificate of Service)(Silver, Daniel) |
|
Filing 164
ORAL ORDER: IT IS HEREBY ORDERED that the dispute identified in D.I. 272 in C.A. No. 21-691-GBW, D.I. 167 in C.A. No. 21-1138-GBW, and D.I. 162 in C.A. No. 21-1594-GBW will also be heard during the January 4, 2023 discovery teleconference. The parties shall submit their respective letter briefs pursuant to the briefing schedule previously ordered by the Court. ORDERED by Judge Gregory B. Williams on 12/22/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 163 REDACTED VERSION of (266 in 1:21-cv-00691-GBW, 156 in 1:21-cv-01594-GBW, 161 in 1:21-cv-01138-GBW) Letter, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tigan, Jeremy) |
| Filing 162 Letter to Honorable Gregory B. Williams from Jeremy A. Tigan regarding scheduling of a discovery teleconference. (Tigan, Jeremy) |
|
Filing 161
ORAL ORDER: IT IS HEREBY ORDERED that a thirty (30) minute discovery teleconference will be held on January 4, 2023 at 11:00 a.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 Tuesday, December 27, 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 Thursday, December 29, 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 12/21/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 160 REDACTED PUBLIC VERSION of #152 Memorandum Order. (ntl) |
|
Filing 159
STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER. Signed by Judge Gregory B. Williams on 12/19/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 158 Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding Request for Discovery Teleconference. (Silver, Daniel) |
| Filing 157 NOTICE OF SERVICE of (1) Plaintiffs' Second Set of Requests for Admission to Defendant Avadel CNS Pharmaceuticals (Nos. 69-72) and (2) Plaintiffs' Fourth Set of Requests for the Production of Documents and Things (No. 81) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 156 [SEALED] Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Response to the Court's December 8, 2022 Memorandum Order - re (260 in 1:21-cv-00691-GBW, 157 in 1:21-cv-01138-GBW, 152 in 1:21-cv-01594-GBW) Memorandum and Order,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tigan, Jeremy) |
| Filing 155 NOTICE OF SERVICE of Jazz Pharmaceuticals' Third Amended Initial Disclosures filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 154 NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Responses to Defendant's Sixth & Seventh Sets of Interrogatories (Nos. 19-21) filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Pro Hac Vice Attorney Rose S. Lee 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-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW, 1:22-cv-00487-GBW, 1:22-cv-00941-GBW(mpb) |
|
SO ORDERED, re (153 in 1:21-cv-01594-GBW, 19 in 1:22-cv-00941-GBW, 261 in 1:21-cv-00691-GBW, 158 in 1:21-cv-01138-GBW, 38 in 1:22-cv-00487-GBW) MOTION for Pro Hac Vice Appearance of Attorney Rose S. Lee filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. Signed by Judge Gregory B. Williams on 12/9/2022. 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(etg)
|
| Filing 153 MOTION for Pro Hac Vice Appearance of Attorney Rose S. Lee - filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. (Joyce, Alexandra) |
|
Filing 152
[SEALED] MEMORANDUM ORDER 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 filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Gregory B. Williams on 12/8/22. This document has been emailed to local counsel. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 151 NOTICE to Take Deposition of Jed Black on December 2, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel) |
| Filing 150 Letter to The Honorable Gregory B. Williams from Daniel M.Silver regarding Court of Appeals to the Federal Circuit Order. (Attachments: #1 Enclosure)(Silver, Daniel) |
| Filing 149 STIPULATION TO EXTEND TIME (1) Opening Expert Reports, (2) Rebuttal Expert Reports, (3) Reply Expert Reports, and (4) Expert Discovery Cutoff to (1) January 17, 2023, (2) March 17, 2023, (3) May 15, 2023, and (4) June 30, 2023 - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
|
SO ORDERED, re (240 in 1:21-cv-00691-GBW, 149 in 1:21-cv-01594-GBW, 154 in 1:21-cv-01138-GBW) STIPULATION TO EXTEND TIME (1) Opening Expert Reports, (2) Rebuttal Expert Reports, (3) Reply Expert Reports, and (4) Expert Discovery Cutoff to (1) January 17, 2023, (2) March 17, 2023, (3) May 15, 2023, and (4) June 30, 2023 filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. Signed by Judge Gregory B. Williams on 11/28/2022. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW(etg)
|
| Filing 148 NOTICE OF SERVICE of Defendant Avadel CNS Pharmaceuticals, LLC's Amended Initial Disclosures Pursuant to Fed. R. Civ. P 26(a) filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
|
Filing 147
ORDER re (151 in 1:21-cv-01138-GBW, 146 in 1:21-cv-01594-GBW, 229 in 1:21-cv-00691-GBW) Memorandum Opinion regarding claim construction. Signed by Judge Gregory B. Williams on 11/18/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl)
|
| Filing 146 MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 11/18/22. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW (ntl) |
| Filing 145 NOTICE OF SERVICE of Amended Notice of Third-Party Deposition Subpoena to Cooley LLP filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 144 NOTICE to Take Deposition of Sherice Mills on November 11, 2022 filed by Avadel CNS Pharmaceuticals LLC.(Silver, Daniel) |
| Filing 143 NOTICE to Take Deposition of Diana Pohle on November 9, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel) |
| Filing 142 Letter to The Honorable Gregory B. Williams from Daniel M. Silver regarding APA Decision. (Attachments: #1 Decision C.A. No. 22-2159 (D.D.C.))(Silver, Daniel) |
| Pro Hac Vice Attorney Franco Benyamin 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. (apk) |
|
SO ORDERED, re (216 in 1:21-cv-00691-GBW, 145 in 1:21-cv-01138-GBW, 140 in 1:21-cv-01594-GBW) MOTION for Pro Hac Vice Appearance of Attorney Quentin Jorgensen filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. Signed by Judge Gregory B. Williams on 11/3/2022. Associated Cases: 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW(etg)
|
| Filing 141 NOTICE OF SERVICE of Third-Party Subpoenas to Ian Wilding filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Attachments: #1 Subpoena to Produce Documents Directed to Ian Wilding, #2 Subpoena to Testify Directed to Ian Wilding)(Silver, Daniel) |
| Filing 140 MOTION for Pro Hac Vice Appearance of Attorney Quentin Jorgensen - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
|
SO ORDERED, re (214 in 1:21-cv-00691-GBW, 17 in 1:22-cv-00941-GBW, 36 in 1:22-cv-00487-GBW, 138 in 1:21-cv-01594-GBW, 143 in 1:21-cv-01138-GBW) 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, Avadel Pharmaceuticals plc. Signed by Judge Gregory B. Williams on 11/2/22. 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)
|
| Pro Hac Vice Attorney Rebecca E. Weires and Alan Devlin for Avadel CNS Pharmaceuticals LLC and Avadel Pharmaceuticals PLC 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: 1:22-cv-00487-GBW, 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, 1:21-cv-01594-GBW, 1:22-cv-00941-GBW(mpb) |
| Pro Hac Vice Attorney Andrew T. Jones 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. (mkr) |
| Filing 139 NOTICE to Take Deposition of Scott Bura on November 2, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel) |
| Filing 138 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) |
|
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)
|
| Filing 137 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) |
| Filing 136 MOTION for Pro Hac Vice Appearance of Attorney Alan Devlin and Ian Conner - filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra) |
| Filing 135 NOTICE to Take Deposition of Edwin Walsh on October 28, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 134 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) |
| Filing 133 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) |
| 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) |
| Filing 132 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) |
| Filing 131 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) |
|
Filing 130
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)
|
|
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)
|
| Filing 129 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) |
| Filing 128 MOTION for Pro Hac Vice Appearance of Attorney Franco Benyamin - filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra) |
| 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) |
| Filing 127 NOTICE OF SERVICE of Jazz Pharmaceuticals' Second Amended Initial Disclosures filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 126 [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) |
| Filing 125 [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) |
| Filing 124 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) |
| Filing 123 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) |
| Filing 122 NOTICE to Take Deposition of Clark Allphin on October 21, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel) |
| Filing 121 NOTICE to Take Deposition of John Miller on October 18, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Silver, Daniel) |
| Filing 120 [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) |
| Filing 119 NOTICE OF SERVICE of Jazz Pharmaceuticals' Amended Initial Disclosures filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 118 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) |
| Filing 117 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) |
|
Filing 116
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)
|
| Filing 115 [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) |
| Filing 114 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) |
| Filing 113 Joint Letter to The Honorable Gregory B. Williams regarding Request for Discovery Dispute Teleconference. (Tigan, Jeremy) |
| Filing 112 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) |
|
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)
|
| Filing 111 NOTICE of Subpoena Ad Testificandum to Express Scripts, Inc. by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Tigan, Jeremy) |
| Filing 110 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) |
| Filing 109 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) |
| Filing 108 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) |
| Filing 107 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) |
| Filing 106 [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) |
| Filing 105 MOTION to Strike Avadel's Second Supplemental Response to Interrogatory No. 8 - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 104 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) |
|
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)
|
| Filing 103 MOTION for Pro Hac Vice Appearance of Attorney Krista M. Rycroft - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
|
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)
|
| Filing 102 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) |
| 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) |
| Filing 101 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) |
| Filing 100 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) |
| Filing 99 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) |
| Filing 98 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) |
| Filing 97 [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) |
| Filing 96 NOTICE OF SERVICE of Subpoenas filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 95 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) |
| Filing 94 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) |
| Filing 93 NOTICE of Change of Address by Alexandra M. Joyce (Joyce, Alexandra) |
|
Filing 92
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)
|
| Filing 91 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). |
| Filing 90 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) |
| Filing 89 NOTICE of Subpoena Ad Testificandum to Thorsteinn Thorsteinsson by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Attachments: #1 Exhibit 1)(Tigan, Jeremy) |
| Filing 88 NOTICE of Subpoena Ad Testificandum to David Monteith by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Attachments: #1 Exhibit 1)(Tigan, Jeremy) |
| Filing 87 NOTICE to Take Deposition of Jed Black on August 23, 2022 filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC.(Joyce, Alexandra) |
| Filing 86 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) |
| Filing 85 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) |
| Filing 84 Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding update on related actions. (Tigan, Jeremy) |
| Filing 83 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) |
|
Filing 82
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)
|
|
Filing 81
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)
|
| Filing 80 Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding August 31, 2022 Markman hearing. (Tigan, Jeremy) |
| Filing 79 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). |
| Filing 78 JOINT CLAIM CONSTRUCTION BRIEF filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 77 Letter to The Honorable Maryellen Noreika from Daniel M. Silver, Esq. regarding Technology Tutorial. (Silver, Daniel) |
| Filing 76 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) |
| Filing 75 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) |
| Filing 74 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) |
| Filing 73 NOTICE OF SERVICE of Plaintiffs' Responsive Markman Brief filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 72 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) |
| Filing 71 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) |
| Filing 70 NOTICE requesting Clerk to remove Rashmi Borah as co-counsel.. (Joyce, Alexandra) |
| Filing 69 [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) |
| Filing 68 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) |
| Filing 67 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) |
| 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) |
| Filing 66 MOTION for Pro Hac Vice Appearance of Attorney Audra Sawyer - filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra) |
|
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)
|
| Filing 65 Letter to The Honorable Maryellen Noreika from Daniel M. Silver regarding withdrawing claim construction dispute. (Silver, Daniel) |
| Filing 64 NOTICE OF SERVICE of Plaintiffs' Opening Markman Brief filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 63 JOINT CLAIM Construction Chart by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. (Tigan, Jeremy) Modified on 5/16/2022 (dlw). |
| Filing 62 SUPPLEMENTAL CLAIM Construction Chart by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) Modified on 5/16/2022 (dlw). |
| Filing 61 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) |
| Filing 60 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) |
| Filing 59 Letter to The Honorable Maryellen Noreika from Jeremy A. Tigan regarding Claim Construction Dispute. (Tigan, Jeremy) |
| Filing 58 NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 57 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) |
| Filing 56 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) |
| Filing 55 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) |
| Filing 54 [SEALED] Transcript of Teleconference held on 04/06/2022 before Judge Maryellen Noreika.. (dh) |
|
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)
|
| Filing 53 [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) |
| Filing 52 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) |
| Filing 51 NOTICE of Withdrawal of Angela C. Whitesell as Counsel by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC (Whitesell, Angela) |
| Filing 50 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) |
|
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)
|
| 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) |
|
Filing 49
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)
|
| Filing 48 STIPULATION and [Proposed] Order Regarding Protective Order Modification by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel) |
|
Filing 47
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)
|
| 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) |
| Filing 46 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) |
| Filing 45 NOTICE OF SERVICE of Plaintiff's Responses to Defendants' Validity Contentions filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 44 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). |
| Filing 43 NOTICE of Appearance by Angela Whitesell on behalf of Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC (Whitesell, Angela) |
|
Filing 42
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)
|
| Filing 41 [SEALED] STIPULATION and Proposed Order Regarding Potential Preliminary Injunction Proceedings by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Silver, Daniel) |
| Filing 40 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) |
| Filing 39 REDACTED VERSION of #36 Answer to Counterclaim by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits A-F)(Tigan, Jeremy) |
| Filing 38 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) |
| Filing 37 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) |
| Filing 36 [SEALED] Amended ANSWER to #24 Answer to Complaint,, Counterclaim, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Attachments: #1 Exhibits A-F)(Tigan, Jeremy) |
|
Filing 35
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)
|
| Filing 34 STIPULATION and [Proposed] Order to Amend Answers by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 33 NOTICE OF SERVICE of Defendant Avadel CNS Pharamceuticals, LLC's Identification of Claim Terms for Construction filed by Avadel CNS Pharmaceuticals LLC.(Silver, Daniel) |
| Filing 32 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) |
| Filing 31 REDACTED VERSION of #30 Answer to Counterclaim by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 30 [SEALED] ANSWER to #24 Answer to Complaint,, Counterclaim, by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 29 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) |
| Pro Hac Vice Attorneys Alex M. Grabowski, Marc N. Zubick, Kenneth G. Schuler, and Sarah Propst 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. (srs) |
| Filing 28 NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions filed by Avadel CNS Pharmaceuticals LLC.(Joyce, Alexandra) |
| Filing 27 REDACTED VERSION of #24 Answer to Complaint,, Counterclaim, by Avadel CNS Pharmaceuticals LLC. (Silver, Daniel) |
| Filing 26 MOTION for Pro Hac Vice Appearance of Attorney Kenneth G. Schuler, Marc N. Zubick, Alex Grabowski, Sarah W. Wang, Sarah Propst, Bornali Rashmi Borah, and Herman Yue - filed by Avadel CNS Pharmaceuticals LLC. (Joyce, Alexandra) |
|
SO ORDERED re #26 MOTION for Pro Hac Vice Appearance of Attorney Kenneth G. Schuler, Marc N. Zubick, Alex Grabowski, Sarah W. Wang, Sarah Propst, Bornali Rashmi Borah, and Herman Yue filed by Avadel CNS Pharmaceuticals LLC. ORDERED by Judge Maryellen Noreika on 1/13/2022. (dlw)
|
| Filing 25 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Avadel CNS Pharmaceuticals LLC. (Silver, Daniel) |
| Filing 24 [SEALED] ANSWER to #1 Complaint for Patent Infringment, Defenses and, COUNTERCLAIM against Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. by Avadel CNS Pharmaceuticals LLC. (Attachments: #1 Certificate of Service)(Silver, Daniel) Modified on 1/7/2022 (dlw). |
| 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) |
|
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)
|
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Yi Ning - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) |
|
Filing 22
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)
|
|
Filing 21
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)
|
| Filing 20 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) |
|
Filing 19
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)
|
|
Filing 18
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)
|
| 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) |
| Filing 17 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) |
|
Filing 16
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).
|
| Filing 15 STIPULATION and [Proposed] Order Regarding Revised Proposed Schedule - by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Filing 14 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) |
|
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)
|
| Filing 13 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) |
|
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)
|
| Pro Hac Vice Attorneys Daralyn J. Durie, Kira A. Davis, and Katherine E. McNutt 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) |
| Filing 12 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.. (Joyce, Alexandra) |
|
SO ORDERED, re #12 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 Pharmaceuticals PLC, Avadel CNS Pharmaceuticals LLC, Avadel Management Corporation, Avadel Legacy Pharmaceuticals, LLC. ORDERED by Judge Maryellen Noreika on 12/9/2021. (mdb)
|
| Filing 11 NOTICE OF SERVICE of Plaintiffs' Initial Infringement Chart filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc..(Tigan, Jeremy) |
| Filing 10 STIPULATION TO EXTEND TIME Defendants' deadline to move, answer, or otherwise respond to the Complaint to January 7, 2022 - 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) |
| Filing 9 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) |
| Filing 8 NOTICE of Appearance by Daniel M. Silver 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. (Silver, Daniel) |
| Filing 7 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) |
|
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)
|
|
SO ORDERED re #10 STIPULATION TO EXTEND TIME for Defendants to move, answer, or otherwise respond to the Complaint to January 7, 2022 (Set/Reset Answer Deadlines: Avadel CNS Pharmaceuticals LLC answer due 1/7/2022; Avadel Legacy Pharmaceuticals, LLC answer due 1/7/2022; Avadel Management Corporation answer due 1/7/2022; Avadel Pharmaceuticals PLC answer due 1/7/2022; Avadel Specialty Pharmaceuticals, LLC answer due 1/7/2022; Avadel US Holdings, Inc. answer due 1/7/2022). ORDERED by Judge Maryellen Noreika on 12/6/2021. (dlw)
|
|
Filing 6
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)
|
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nms) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
