Merck Sharp & Dohme Corp. et al v. Zenara Pharma Private Limited
| Merck Sharp & Dohme Corp., MSD International Business GmbH, MSD International GmbH, Pfizer Inc. and PF Prism IMB B.V. |
| Zenara Pharma Private Limited |
| 1:2022cv00379 |
| 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
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| Filing 18 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 17
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)
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| 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 16 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 15 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 14 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Biophore India Pharmaceuticals Private Ltd. for Zenara Pharma Private Limited filed by Zenara Pharma Private Limited. (Belgam, Neal) |
| Filing 13 ANSWER to #1 Complaint, Defendant Zenara Pharma Private Limited's Answer to Complaint, and Additional Defenses by Zenara Pharma Private Limited.(Ormerod, Eve) |
| Pro Hac Vice Attorney Julia S. Kim, Dmitry V. Shelhoff, Edward D. Pergament, and Kenneth S. Canfield for Zenara Pharma Private Limited 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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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)
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| Filing 12 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. (Ormerod, Eve) |
| Filing 11 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 10 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) |
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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)
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| 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 9 AFFIDAVIT of Service for Summons, Complaint and Related Papers served on Zenara Pharma Private 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 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) |
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