Merck Sharp & Dohme Corp. et al v. Hetero Labs Limited et al
| Merck Sharp & Dohme Corp., MSD International Business GmbH, MSD International GmbH, Pfizer Inc. and PF PRISM IMB B.V. |
| Hetero Labs Limited, Hetero Labs Limited Unit-V and Hetero USA Inc. |
| 1:2022cv00378 |
| March 23, 2022 |
| US District Court for the District of Delaware |
| Vacant Judgeship (2022) |
| Christopher J Burke |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 STIPULATION and [Proposed] Order to Substitute Parties and to Change Case Caption - - by MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp., PF PRISM IMB B.V., Pfizer Inc.. (Dellinger, Megan) |
Filing 19
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist (Checklist). At the time called for by Standing Order No. 2022-VAC-1, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent"; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. The proposed Scheduling Order shall not contain dates for motions hearings or for a pretrial conference or trial. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Scheduling Order can be found on Judge Burke's portion of the District Court's website.. Ordered by Judge Christopher J. Burke on 5/16/2022. Associated Cases: 1:22-cv-00377-VAC-CJB, 1:22-cv-00378-VAC-CJB, 1:22-cv-00379-VAC-CJB(dlb)
|
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf Associated Cases: 1:22-cv-00377-VAC-CJB, 1:22-cv-00378-VAC-CJB, 1:22-cv-00379-VAC-CJB(dlb) |
| Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: #CJB Standing Order re Copies Associated Cases: 1:22-cv-00377-VAC-CJB, 1:22-cv-00378-VAC-CJB, 1:22-cv-00379-VAC-CJB(dlb) |
| Filing 18 ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Christopher J. Burke solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 5/16/22. Associated Cases: 1:22-cv-00377-VAC, 1:22-cv-00378-VAC, 1:22-cv-00379-VAC (ntl) |
| Filing 17 VAC Magistrate Non-Consent completed by the parties filed by MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp., PF PRISM IMB B.V., Pfizer Inc.. (Dellinger, Megan) |
| Filing 16 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Hetero Labs Ltd., Corporate Parent Hetero Drugs Ltd. for Hetero USA Inc. filed by Hetero Labs Limited, Hetero Labs Limited Unit-V, Hetero USA Inc.. (Belgam, Neal) |
| Filing 15 ANSWER to #1 Complaint, Defendants Hetero Labs Limited, Hetero Labs Limited Unit-V, and Hetero USA Inc.'s Answer to Complaint, and Additional Defenses by Hetero Labs Limited, Hetero Labs Limited Unit-V, Hetero USA Inc..(Ormerod, Eve) |
| Pro Hac Vice Attorney Kenneth S. Canfield, Edward D. Pergament, Dmitry V. Shelhoff, and Julia S. Kim for Hetero Labs Limited, Hetero Labs Limited Unit-V, and Hetero USA Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
|
SO ORDERED, re (12 in 1:22-cv-00379-VAC) MOTION for Pro Hac Vice Appearance of Attorney Dmitry V. Shelhoff, Edward D. Pergament, Kenneth S. Canfield, Julia S. Kim filed by Zenara Pharma Private Limited, (13 in 1:22-cv-00377-VAC) MOTION for Pro Hac Vice Appearance of Attorney Dmitry V. Shelhoff, Edward D. Pergament, Kenneth S. Canfield, Julia S. Kim filed by Aurobindo Pharma USA, Inc., Aurobindo Pharma Limited, (14 in 1:22-cv-00378-VAC) MOTION for Pro Hac Vice Appearance of Attorney Dmitry V. Shelhoff, Edward D. Pergament, Kenneth S. Canfield, Julia S. Kim filed by Hetero Labs Limited Unit-V, Hetero USA Inc., Hetero Labs Limited. Signed by Judge Richard G. Andrews on 4/1/22. Associated Cases: 1:22-cv-00377-VAC, 1:22-cv-00378-VAC, 1:22-cv-00379-VAC (ntl)
|
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Dmitry V. Shelhoff, Edward D. Pergament, Kenneth S. Canfield, Julia S. Kim - filed by Hetero Labs Limited, Hetero Labs Limited Unit-V, Hetero USA Inc.. (Ormerod, Eve) |
| Filing 13 VAC Notice, Consent, Non-Consent, Magistrate Referral Associated Cases: 1:22-cv-00377-VAC, 1:22-cv-00378-VAC, 1:22-cv-00379-VAC(etg) |
| Filing 12 ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-VAC-1 (March 9, 2022), which are found on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that the parties shall file the "Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge," being docketed along with the instant order, no later than sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 03/31/2022. Associated Cases: 1:22-cv-00377-VAC, 1:22-cv-00378-VAC, 1:22-cv-00379-VAC(etg) |
|
SO ORDERED, re (9 in 1:22-cv-00377-VAC, 8 in 1:22-cv-00379-VAC, 8 in 1:22-cv-00378-VAC) MOTION for Pro Hac Vice Appearance of Attorney Arlene L. Chow, Ernest Yakob, Adam L. Perlman, Rebecca Lynne Neubauer, Alex Grabowski and Jennifer J. Esch filed by MSD International Business GmbH, Merck Sharp & Dohme Corp., MSD International GmbH. Signed by Judge Richard G. Andrews on 3/31/2022. Associated Cases: 1:22-cv-00377-VAC, 1:22-cv-00378-VAC, 1:22-cv-00379-VAC(etg)
|
| Case Assigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:22-cv-00377-VAC, 1:22-cv-00378-VAC, 1:22-cv-00379-VAC (rjb) |
| Filing 11 AFFIDAVIT of Service for Summons, Complaint and Related Papers served on Hetero USA Inc. on March 24, 2022, filed by MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp., PF PRISM IMB B.V., Pfizer Inc.. (Dellinger, Megan) |
| Filing 10 AFFIDAVIT of Service for Summons, Complaint and Related Papers served on Hetero Labs Limited on March 24, 2022, filed by MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp., PF PRISM IMB B.V., Pfizer Inc.. (Dellinger, Megan) |
| Filing 9 AFFIDAVIT of Service for Summons, Complaint and Related Papers served on Hetero Labs Limited Unit-V on March 24, 2022, filed by MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp., PF PRISM IMB B.V., Pfizer Inc.. (Dellinger, Megan) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Arlene L. Chow, Ernest Yakob, Adam L. Perlman, Rebecca Lynne Neubauer, Alex Grabowski and Jennifer J. Esch - filed by MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp.. (Dellinger, Megan) |
| Filing 7 Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) |
| Filing 6 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc. for PF PRISM IMB B.V. filed by PF PRISM IMB B.V., Pfizer Inc.. (mal) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Merck & Co., Inc. for MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp. filed by MSD International Business GmbH, MSD International GmbH, Merck Sharp & Dohme Corp.. (mal) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,080,580 B2. (mal) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 2/23/22. Date of Expiration of Patent: 7/13/2030.Thirty Month Stay Deadline: 6/19/2025. (mal) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 1 COMPLAINT filed against Hetero Labs Limited, Hetero Labs Limited Unit-V, Hetero USA Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3832695.) - filed by Merck Sharp & Dohme Corp., MSD International Business GmbH, MSD International GmbH, Pfizer Inc., PF PRISM IMB B.V.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(mal) |
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.
