Bayer Pharma AG, et al v. Mylan Pharmaceuticals Inc. et al
| Bayer Pharma AG and Bayer AG |
| Mylan Pharmaceuticals Inc. |
| Janssen Pharmaceuticals Inc. |
| Mylan Inc. |
| 1:2022cv01228 |
| September 21, 2022 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 40
SO ORDERED Granting (D.I. 107 in 21-md-3017-RGA; D.I. 39 in 22-cv-1228-RGA; D.I. 104 in 21-cv-1742-RGA) Joint Stipulation and Proposed Order Consolidating Cases and Adopting Schedule. Signed by Judge Richard G. Andrews on 10/18/2022. Associated Cases: 1:21-md-03017-RGA, 1:21-cv-01742-RGA, 1:22-cv-01228-RGA(nms)
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| Filing 39 Joint Stipulation and [Proposed] Order Consolidating Cases and Adopting Schedule, by Mylan Inc., Mylan Pharmaceuticals Inc.. (Moore, David) Modified on 10/18/2022 (nms). |
| Filing 38 NOTICE of Withdrawal of Defendants' Motion to Dismiss by Mylan Inc., Mylan Pharmaceuticals Inc.. (Moore, David) Modified on 10/17/2022 (nms). |
| Filing 37 REDACTED VERSION of #35 Answering Brief in Opposition, by Bayer AG, Bayer Pharma AG, Janssen Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fahnestock, Derek) Modified on 10/12/2022 (nms). |
| Filing 36 ANSWER to Answer to Complaint, and Counterclaims, by Bayer AG, Bayer Pharma AG, Janssen Pharmaceuticals, Inc. (Fahnestock, Derek) Modified on 10/3/2022 (nms). |
| Filing 35 [SEALED] ANSWERING BRIEF in Opposition re #25 Motion to Dismiss, filed by Bayer AG, Bayer Pharma AG, Janssen Pharmaceuticals Inc..Reply Brief due date per Local Rules is 10/11/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fahnestock, Derek) Modified on 10/3/2022 (nms). |
| Filing 34 STIPULATION TO EXTEND TIME (1) for Plaintiffs Bayer Pharma AG, Bayer AG, and Janssen Pharmaceuticals, Inc. to respond to Defendants' Motion to Dismiss (D.I. 25); and (2) for Defendants to file their reply brief to October 3, 2022, and October 17, 2022, respectively - filed by Bayer AG, Bayer Pharma AG, Janssen Pharmaceuticals Inc.. (Fahnestock, Derek) |
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SO ORDERED, re (D.I. 97 in 21-md-3017-RGA; D.I. 34 in 22-cv-1228-RGA) STIPULATION and Proposed Order to Extend Time to respond to Motion to Dismiss and to file reply brief to October 3, 2022, and October 17, 2022. Signed by Judge Richard G. Andrews on 9/23/2022. Associated Cases: 1:21-md-03017-RGA, 1:22-cv-01228-RGA(nms)
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| Filing 33 Record of case transferred in from District of West Virginia Northern; Case Number in Other District: 1:22-cv-00063. Copy of Docket Sheet and original file |
| Filing 32 CERTIFIED COPY OF JPML CONDITIONAL TRANSFER ORDER FINALIZED (CTO-1) - 1 action(s) re: pldg. ( #29 in MDL No. 3017, 1 in WVN/1:22-cv-00063) Inasmuch as no objection is pending at this time, the stay is lifted. Signed by Clerk of the Panel John W. Nichols on 9/21/2022. Associated Cases: MDL No. 3017, WVN/1:22-cv-00063. (dk) [Transferred from West Virginia Northern on 9/21/2022.] |
| Case transferred to District of District of Delaware re MDL 3017. Entire Case file electronically transmitted. (dk) [Transferred from West Virginia Northern on 9/21/2022.] |
| NOTICE TO COUNSEL: 2021-md-3017 is assigned to the Honorable Richard G. Andrews. Attorneys of record who will be electronically filing documents may request E-Filing rights through PACER and add the MDL case number in the comments section of your request. Please see the docket for further entries. (smg) |
| NOTICE: Documents relating to all actions should be filed on the master docket sheet and on the docket sheet of each individual action. Documents relating to two or more, but not all, individual actions should be filed on the master docket sheet, and on the docket sheet of each affected individual action. Documents affecting a single individual action should be filed on the docket sheet of that action and on the master docket sheet. (smg) |
| Filing 31 VERIFICATION OF ATTORNEY ADMISSION to Attorneys Wendy L. Devine, Elham F. Steiner, and Ty W. Callahan. (dk) [Transferred from West Virginia Northern on 9/21/2022.] |
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Filing 29
ORDER. The motion (Doc. 28) is GRANTED. The Clerk is hereby DIRECTED to FILE the attached Exhibit 3 to the previously-filed Defendants' Motion to Dismiss (Doc. 25) UNDER SEAL. Signed by District Judge John Preston Bailey on 9/14/2022. (dk) [Transferred from West Virginia Northern on 9/21/2022.]
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| Filing 28 MOTION to Seal Ex. 3 to Dkt. No. 25 by Mylan Inc., Mylan Pharmaceuticals Inc.. (Attachments: #1 Exhibit Ex. 3 to Dkt. No. 25)(Copland, Gordon) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 27 Corporate Disclosure Statement by Mylan Inc., Mylan Pharmaceuticals Inc. identifying Corporate Parent Mylan Inc. for Mylan Pharmaceuticals Inc.; Corporate Parent Viatris Inc. for Mylan Inc... (Copland, Gordon) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 26 ANSWER to #1 Complaint , COUNTERCLAIM by Mylan Pharmaceuticals Inc. against All Plaintiffs by Mylan Pharmaceuticals Inc., Mylan Inc..(Copland, Gordon) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 25 MOTION to Dismiss by Mylan Inc., Mylan Pharmaceuticals Inc.. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3)(Copland, Gordon) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 24 SUMMONS Returned Executed by Secretary of State as to Mylan Inc. Served on 8/22/2022. (jb) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 23 SUMMONS Returned Executed by Secretary of State as to Mylan Pharmaceuticals Inc. Served on 8/22/2022. (jb) [Transferred from West Virginia Northern on 9/21/2022.] |
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Filing 22
ORDER granting #20 Motion of Kathryn S. Kayali for Leave to Appear Pro Hac Vice on behalf of Bayer AG, Bayer Pharma AG. Signed by District Judge John Preston Bailey on 8/22/2022. (dk) [Transferred from West Virginia Northern on 9/21/2022.]
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| Filing 21 Pro Hac Vice Filing fee: $ 200.00, receipt number WVNC003497 for Attorney Kathryn S. Kayali. (jmm) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Kathryn S. Kayali by Bayer AG,, Bayer Pharma AG,. (Attachments: #1 Proposed Order)(Taylor, Chad) [Transferred from West Virginia Northern on 9/21/2022.] |
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Filing 19
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice of Dov Grossman filed by Bayer AG and Bayer Pharma AG. Signed by District Judge John Preston Bailey on 8/17/2022. (jb) [Transferred from West Virginia Northern on 9/21/2022.]
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| Filing 18 Filing fee for Pro Hac Vice of D. Grossman in the amount of $ 200.00. Receipt Number WVNC003494. (jb) [Transferred from West Virginia Northern on 9/21/2022.] |
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Filing 17
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice for Thomas Rein file by Janssen Pharmaceuticals, Inc. Signed by District Judge John Preston Bailey on 8/16/2022. (copy counsel of record)(jmm) [Transferred from West Virginia Northern on 9/21/2022.]
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Filing 16
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice for Andrew T. Langford filed by Janssen Pharmaceuticals, Inc. Signed by District Judge John Preston Bailey on 8/16/2022. (Copy counsel of record)(jmm) [Transferred from West Virginia Northern on 9/21/2022.]
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice of Dov Grossman by Bayer AG,, Bayer Pharma AG,. (Attachments: #1 Proposed Order)(Taylor, Chad) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 14 Pro Hac Vice Filing fee: $ 400.00, receipt number WVNC003493 for Attorney Andrew T. Langford, Thomas Rein. (jmm) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice of Thomas Rein by Janssen Pharmaceuticals, Inc.. (Attachments: #1 Proposed Order)(Taylor, Chad) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice by Andrew T. Langford by Janssen Pharmaceuticals, Inc.. (Attachments: #1 Proposed Order)(Taylor, Chad) [Transferred from West Virginia Northern on 9/21/2022.] |
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Filing 11
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice for Alexander Zolan filed by Bayer AG and Bayer Pharma AG. Signed by District Judge John Preston Bailey on 8/15/2022. (jb) [Transferred from West Virginia Northern on 9/21/2022.]
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| Filing 10 Pro Hac Vice Filing fee: $ 200.00, receipt number WVNC003492 for A. Zolan. (jmm) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Alexander Zolan by Bayer AG,, Bayer Pharma AG,. (Attachments: #1 Proposed Order)(Taylor, Chad) [Transferred from West Virginia Northern on 9/21/2022.] |
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Filing 7
ORDER REASSIGNING CASE to District Judge John Preston Bailey for all further proceedings. Chief District Judge Thomas S Kleeh no longer assigned to case. Signed by Chief District Judge Thomas S Kleeh on 8/10/2022. (dk) [Transferred from West Virginia Northern on 9/21/2022.]
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| Filing 6 VERIFICATION OF ATTORNEY ADMISSION issued to Attorneys Andrew T. Langford and Thomas D. Rein. (jmm) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 5 REPORT to USPTO on the filing or determination of an action regarding re #1 Complaint. (jmm) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 4 VERIFICATION OF ATTORNEY ADMISSION issued to Dov P. Grossman, Alexander S. Zolan and Kathryn S. Kayali (jmm) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 3 Corporate Disclosure Statement by Janssen Pharmaceuticals, Inc. identifying Corporate Parent Johnson & Johnson for Janssen Pharmaceuticals, Inc... (Taylor, Chad) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 2 Corporate Disclosure Statement by Bayer AG,, Bayer Pharma AG, identifying Corporate Parent Bayer AG for Bayer Pharma AG,.. (Taylor, Chad) [Transferred from West Virginia Northern on 9/21/2022.] |
| Filing 1 COMPLAINT against Mylan Inc., Mylan Pharmaceuticals Inc., filed by Bayer AG, Bayer Pharma AG, Janssen Pharmaceuticals, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) Filing Fee $402. Receipt #AWVNDC-3525636(jmm) [Transferred from West Virginia Northern on 9/21/2022.] |
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