Exelixis, Inc. v. MSN Laboratories Private Limited et al
| Exelixis, Inc. |
| MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc. |
| 1:2022cv00228 |
| February 23, 2022 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Jennifer L Hall |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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Filing 22
ORAL ORDER: A Motion for Teleconference to Resolve Discovery Dispute should be filed if counsel finds they are unable to resolve a discovery matter. The suggested text for this motion can be found in Judge Hall's portion of the Court's website, in the "Forms" tab, under the heading "Motion for Teleconference to Resolve Discovery/Protective Order Disputes." The dispute will thereafter be addressed in accordance with Judge Hall's discovery dispute procedures. ORDERED by Judge Jennifer L. Hall on 4/11/2022. (ceg)
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Filing 21
ORAL ORDER: The Rule 16(b) Conference scheduled for 4/13/2022, is CANCELED. Ordered by Judge Richard G. Andrews on 4/11/2022. (nms)
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Filing 20
SCHEDULING ORDER: This matter is referred to a Magistrate Judge to handle all discovery disputes including any that arise in connection with expert reports. Joinder of Parties due by 9/14/2022. Amended Pleadings due by 9/14/2022. Fact Discovery completed by 10/28/2022. Joint Claim Construction Brief due by 10/14/2022. A Markman Hearing is set for 11/16/2022, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 5/12/2023, at 2:00 PM in Courtroom 6A. A 3 day Bench Trial is set to start 5/22/2023, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 4/11/2022. (nms)
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| Filing 19 PROPOSED Scheduling Order, by Exelixis, Inc.. (Attachments: #1 Letter)(Raucci, Anthony) Modified on 4/11/2022 (nms). |
| CASE REFERRED to Magistrate Judge Jennifer L. Hall to handle all discovery disputes including any that arise in connection with expert reports. (nms) |
| Filing 18 Official Transcript of Status Conference held on 3/18/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (Triozzi, Heather) |
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Filing 17
ORAL ORDER: At the parties request the Scheduling Conference set for 4/6/2022, is CANCELED, and is now rescheduled to 4/13/2022, at 10:00 am. Ordered by Judge Richard G. Andrews on 4/1/2022. (nms)
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Filing 16
Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 4/6/2022, at 10:00 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 3/22/2022. (nms)
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| Filing 15 ANSWER to #9 Answer to Complaint, and Counterclaims, by Exelixis, Inc..(Raucci, Anthony) Modified on 3/18/2022 (nms). |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Status Conference held on 3/18/2022. Local counsel present for Plaintiffs: A. Raucci. Local counsel present for Defendants: A. Gattuso. The Court denied the request to continue the trial scheduled in C.A. 19-2017-RGA. (Court Reporter Heather Triozzi.) Associated Cases: 1:19-cv-02017-RGA-SRF, 1:22-cv-00228-RGA(nms) |
| Pro Hac Vice Attorney Emily R. Whelan for Exelixis, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Yurkerwich - filed by Exelixis, Inc.. (Raucci, Anthony) |
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SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Yurkerwich, filed by Exelixis, Inc.. Signed by Judge Richard G. Andrews on 3/16/2022. (nms)
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| Remark: The public may access the hearing scheduled for 3/18/2021, at 11:30 a.m. by dialing the following phone number: +1 202-503-1666, then enter Conference ID: 381966934#. The dial-in information provides listening capabilities only. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:22-cv-00228-RGA(lak) |
| Pro Hac Vice Attorney Timothy A. Cook and Lisa J. Pirozzolo for Exelixis, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
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Filing 13
ORAL ORDER: A status conference is now scheduled for 3/18/2022, at 11:30 AM. The conference will be held using Teams. A joint email with the email addresses for all those participating in the conference shall be due to the Court's Case Manager by 4:00 PM on 3/15/2022. Ordered by Judge Richard G. Andrews on 3/11/2022. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:22-cv-00228-RGA(nms)
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| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Lisa J. Pirozzolo, Amy K. Wigmore, Emily R. Whelan, Kevin S. Prussia, Timothy A. Cook, Katherine P. Kieckhafer, Gerard A. Salvatore, and Cristina Salcedo - filed by Exelixis, Inc.. (Raucci, Anthony) |
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Lisa J. Pirozzolo, Amy K. Wigmore, Emily R. Whelan, Kevin S. Prussia, Timothy A. Cook, Katherine P. Kieckhafer, Gerard A. Salvatore, and Cristina Salcedo, filed by Exelixis, Inc.. Signed by Judge Richard G. Andrews on 3/9/2022. (nms)
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| Pro Hac Vice Attorney Kurt A. Matthas for MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Bryce A. Cooper, Kurt A. Mathas, and Kevin J. Boyle of Winston & Strawn LLP, filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. Signed by Judge Richard G. Andrews on 3/2/2022. (nms)
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| Pro Hac Vice Attorney Kevin J. Boyle for MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Pro Hac Vice Attorney Bryce A. Cooper for MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Filing 11 Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., regarding request for a status conference. (Gattuso, Dominick) Modified on 3/1/2022 (nms). |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Bryce A. Cooper, Kurt A. Mathas, and Kevin J. Boyle of Winston & Strawn LLP - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Filing 9 ANSWER to #1 Complaint, , COUNTERCLAIM against Exelixis, Inc. by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Filing 8 SUMMONS Returned Executed by Exelixis, Inc.. MSN Laboratories Private Limited served on 2/25/2022, answer due 3/18/2022. (Raucci, Anthony) |
| Filing 7 SUMMONS Returned Executed by Exelixis, Inc.. MSN Pharmaceuticals, Inc. served on 2/25/2022, answer due 3/18/2022. (Raucci, Anthony) |
| Filing 6 Summons Issued with Magistrate Consent Notice attached as to MSN Laboratories Private Limited on 2/23/2022; MSN Pharmaceuticals, Inc. on 2/23/2022. (Attachments: #1 Summons Issued)(apk) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Exelixis, Inc. (apk) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,091,439 B2 ;11,091,440 B2 ;11,098,015 B2. (apk) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 01/11/2022. Date of Expiration of Patent: 01/15/2030. (apk) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3809283.) - filed by Exelixis, Inc.. (Attachments: #1 Exhibit A-C, #2 Civil Cover Sheet)(apk) |
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