Eli Lilly and Company et al v. MSN Laboratories Private Limited et al
| Eli Lilly and Company, Incyte Corporation and Incyte Holdings Corporation |
| MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. and MSN Pharmaceuticals Inc. |
| 1:2022cv01115 |
| August 24, 2022 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
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Filing 21
ORDER: Per agreement of the parties, these cases are consolidated for all purposes including discovery, Markman proceedings, and trial. Civil Action No. 22-1114-CFC shall be the lead case and all future filings shall be made in Lead Case No. 22-1114-CFC only. Order Setting Telephonic Scheduling Conference:( A Scheduling Conference is set for 1/13/2023 at 11:00 AM before Judge Colm F. Connolly.) If the parties have no disputes about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 12/1/2022. Associated Cases: 1:22-cv-01114-CFC, 1:22-cv-01115-CFC(nmf)
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| Case associated with lead case: Create association to 1:22-cv-01114-CFC. ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 1:22-cv-01114-CFC ONLY. (nmf) |
| Filing 20 Joint Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Consolidation of Cases. (Tigan, Jeremy) |
| Filing 19 ANSWER to #1 Complaint, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Ekiner, Kaan) |
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Filing 18
ORDER: IT IS ORDERED that, on or before November 28, 2022, counsel for plaintiffs shall inform the court as to whether the need for coordinated discovery and/or Markman proceedings is anticipated as to the above cases and, if so, when a joint scheduling conference might most efficiently be conducted. ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 11/28/2022.) Signed by Judge Colm F. Connolly on 10/24/2022. Associated Cases: 1:22-cv-01114-CFC, 1:22-cv-01115-CFC(nmf)
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| Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Dominic Cerrito, Andrew S. Chalson, Marta A. Godecki - filed by Eli Lilly and Company, Incyte Corporation, Incyte Holdings Corporation. (Tigan, Jeremy) |
| Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Adam L. Perlman, David Y. Wang, Audra M. Sawyer, Brenda L. Danek and Michelle L. Ernst - filed by Eli Lilly and Company, Incyte Corporation, Incyte Holdings Corporation. (Tigan, Jeremy) |
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SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney W. Blake Coblentz and Aaron S. Lukas, filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Ordered by Judge Colm F. Connolly on 10/12/2022. (kmd)
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| Pro Hac Vice Attorney Aaron S. Lukas and William B. Coblentz 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. (mkr) |
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SO ORDERED, re MOTIONS for Pro Hac Vice Appearance of Attorneys #17 Dominic Cerrito, Andrew S. Chalson, Marta A. Godecki and #16 Adam L. Perlman, David Y. Wang, Audra M. Sawyer, Brenda L. Danek and Michelle L. Ernst, filed by Incyte Holdings Corporation, Incyte Corporation, Eli Lilly and Company. Ordered by Judge Colm F. Connolly on 10/12/2022. (kmd)
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| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney W. Blake Coblentz and Aaron S. Lukas - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Ekiner, Kaan) |
| Filing 14 VAC Magistrate Non-Consent completed by the parties filed by Eli Lilly and Company, Incyte Corporation, Incyte Holdings Corporation. (Tigan, Jeremy) |
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Filing 13
ORAL ORDER: It is HEREBY ORDERED that on or before October 12, 2022, the parties shall, after meeting and conferring, complete and file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge" that has been docketed with this Order. Ordered by Judge Colm F. Connolly on 9/28/2022. (nmf)
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| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MSN Laboratories Private Limited for MSN Pharmaceuticals Inc. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Ekiner, Kaan) |
| Filing 11 NOTICE of Appearance by Kaan Ekiner on behalf of MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. (Ekiner, Kaan) |
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SO ORDERED, re #10 STIPULATION TO EXTEND TIME for Defendants' to respond to the complaint (D.I. 1) to November 23, 2022 filed by Incyte Holdings Corporation, Incyte Corporation, Eli Lilly and Company. Reset Answer Deadlines: MSN Laboratories Private Limited answer due 11/23/2022; MSN Pharmaceuticals Inc. answer due 11/23/2022. Ordered by Judge Colm F. Connolly on 9/6/2022. (kmd)
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| Filing 10 STIPULATION TO EXTEND TIME for Defendants' to respond to the complaint (D.I. 1) to November 23, 2022 - filed by Eli Lilly and Company, Incyte Corporation, Incyte Holdings Corporation. (Tigan, Jeremy) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:22-cv-01114-CFC, 1:22-cv-01115-CFC (rjb) |
| Filing 9 WAIVER OF SERVICE returned executed by Incyte Corporation, Eli Lilly and Company, Incyte Holdings Corporation: For MSN Pharmaceuticals Inc. waiver sent on 8/25/2022, answer due 10/24/2022. (Blumenfeld, Jack) |
| Filing 8 WAIVER OF SERVICE returned executed by Incyte Corporation, Eli Lilly and Company, Incyte Holdings Corporation: For MSN Laboratories Private Limited waiver sent on 8/25/2022, answer due 10/24/2022. (Blumenfeld, Jack) |
| Filing 7 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,158,616 B2 ;8,420,629 B2. (lam). |
| Filing 6 Summonses Issued (please complete the top portion of the form and print out for use/service). (lam) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Incyte Corporation for Incyte Corporation, Incyte Holdings Corporation filed by Incyte Corporation, Incyte Holdings Corporation. (lam) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Eli Lilly and Company. (lam) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 7/26/2022. Date of Expiration of Patent: See Attachment. Thirty Month Stay Deadline: 11/26/2025. (lam) Modified on 8/26/2022 (smg). |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lam) |
| Filing 1 COMPLAINT filed against MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. ( Filing fee $ 402, receipt number ADEDC-3944092.) - filed by Incyte Corporation, Eli Lilly and Company, Incyte Holdings Corporation. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(lam). |
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