Galderma Laboratories, L.P. et al v. Alembic Pharmaceuticals Limited et al
| Galderma Laboratories, L.P. and TCD Royalty Sub LP |
| Alembic Pharmaceuticals Limited and Alembic Pharmaceuticals Inc. |
| 1:2022cv01312 |
| October 5, 2022 |
| US District Court for the District of Delaware |
| Stephanos Bibas |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Filing 40 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Identifying Defendants' Accused Products and Plaintiffs' Asserted Patents filed by Galderma Laboratories, L.P., TCD Royalty Sub LP.(Tigan, Jeremy) |
| Filing 39 NOTICE OF SERVICE of Defendants' Supplemental Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited.(Moore, David) |
SO ORDERED, regarding D.I. #37 Proposed Order filed by TCD Royalty Sub LP, Galderma Laboratories, L.P., and D.I. #38 Proposed Order filed by TCD Royalty Sub LP, Galderma Laboratories, L.P. Signed by Judge Stephanos Bibas on 03/28/2023. (apk)
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| Filing 38 PROPOSED ORDER -- [Proposed] Stipulated Order Regarding Discovery, Including Discovery of Electronically Stored Information ("ESI") -- by Galderma Laboratories, L.P., TCD Royalty Sub LP. (Tigan, Jeremy) |
| Filing 37 PROPOSED ORDER -- [Proposed] Stipulated Protective Order -- by Galderma Laboratories, L.P., TCD Royalty Sub LP. (Tigan, Jeremy) |
| Filing 36 NOTICE OF SERVICE of Defendants Alembic Pharmaceuticals Limited and Alembic Pharmaceuticals, Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited.(Palapura, Bindu) |
| Filing 35 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by Galderma Laboratories, L.P., TCD Royalty Sub LP.(Tigan, Jeremy) |
| Filing 34 NOTICE OF SERVICE of Plaintiffs' Rule 26(a)(1) Initial Disclosures filed by Galderma Laboratories, L.P., TCD Royalty Sub LP.(Tigan, Jeremy) |
| Filing 33 NOTICE OF SERVICE of Defendants Alembic Pharmaceuticals Limited and Alembic Pharmaceuticals, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited.(Palapura, Bindu) |
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Filing 32
SCHEDULING ORDER: Joinder of Parties due by 9/1/2023. Amended Pleadings due by 9/1/2023. Discovery due by 11/3/2023. Opening Expert Reports due by 12/8/2023. Rebuttal Expert Reports due by 1/12/2024. Expert Discovery due by 2/9/2024. Status Report due by 11/10/2023. Claim Construction Opening Brief due by 6/23/2023. Claim Construction Answering Brief due by 7/7/2023. Claim Construction Reply Brief due by 7/21/2023. Claim Construction Surreply Brief due by 8/4/2023. Joint Claim Construction Brief due by 8/9/2023. Proposed Pretrial Order due by 4/19/2024. Signed by Judge Stephanos Bibas on 03/13/2023. (smg)
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| Filing 31 Joint PROPOSED ORDER -- Proposed Scheduling Order -- (with disputed provisions) re 30 Oral Order, by Galderma Laboratories, L.P., TCD Royalty Sub LP. (Tigan, Jeremy) |
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Filing 30
ORAL ORDER, I ORDER the parties to submit a proposed scheduling order by March 10, 2023, at 5 p.m. eastern time. If the parties cannot agree, each party shall submit a proposed scheduling order, including any potential waivers and stipulations. Signed by Judge Stephanos Bibas on 3/6/2023. (twk)
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| Filing 29 Letter to The Honorable Stephanos Bibas from Jeremy A. Tigan regarding Joint Status Report - re 26 Oral Order,. (Tigan, Jeremy) |
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Filing 28
SO ORDERED, re #27 STIPULATION TO EXTEND TIME to submit the joint status report required by the Court's February 21, 2023 Oral Order (D.I. 26 ) to March 3, 2023. Ordered by Judge Stephanos Bibas on 2/28/2023. (twk)
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| Filing 27 STIPULATION TO EXTEND TIME to submit the joint status report required by the Court's February 21, 2023 Oral Order (D.I. 26) to March 3, 2023 - filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Palapura, Bindu) |
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Filing 26
ORAL ORDER: I ORDER the parties to confer and submit a joint status report, not to exceed three single-spaced pages, by February 28, 2023, at 5 p.m. eastern time. The report shall discuss Galderma Laboratories L.P. v. Lupin Inc., 1:21-cv-01710-SB, as well as the need for a scheduling conference and scheduling order. Ordered by Judge Stephanos Bibas on 02/21/2023. Associated Cases: 1:22-cv-00724-SB, 1:22-cv-01166-SB, 1:22-cv-01312-SB(smg)
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| Pro Hac Vice Attorney Sasha S. Rao for Alembic Pharmaceuticals Inc. and Alembic Pharmaceuticals 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, regarding D.I. #25 MOTION for Pro Hac Vice Appearance of Attorney Sasha S. Rao filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. Signed by Judge Stephanos Bibas on 2/15/2023. (apk)
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| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Sasha S. Rao - filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Brown, Andrew) |
| Pro Hac Vice Attorney Gerald J. Flattmann, Jr for Galderma Laboratories, L.P. and TCD Royalty Sub LP 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 24
SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorneys Gerald J. Flattmann, Jr. and Andrew J. Cochran. Signed by Judge Stephanos Bibas on 2/9/2023. (twk)
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| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Gerald J. Flattmann, Jr. and Andrew J. Cochran - filed by Galderma Laboratories, L.P., TCD Royalty Sub LP. (Tigan, Jeremy) |
| Filing 22 NOTICE requesting Clerk to remove Evan D. Diamond, Vanessa Y. Yen, and the law firm of King & Spalding LLP as co-counsel.. (Tigan, Jeremy) |
| Filing 21 NOTICE requesting Clerk to remove Robert Stout as co-counsel. Reason for request: no longer with the firm of Sterne Kessler Goldstein Fox PLLC. (Palapura, Bindu) |
| Filing 20 NOTICE of Change of Firm Affiliation by Galderma Laboratories, L.P., TCD Royalty Sub LP (Blumenfeld, Jack) |
| Filing 19 ANSWER to #16 Answer to Complaint, Counterclaim by Galderma Laboratories, L.P., TCD Royalty Sub LP.(Tigan, Jeremy) |
| Filing 18 REDACTED VERSION of #16 Answer to Complaint, Counterclaim by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Attachments: #1 Exhibit 1-7)(Palapura, Bindu) |
| Filing 17 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alembic Global Holdings SA for Alembic Pharmaceuticals Inc.; Corporate Parent none for Alembic Pharmaceuticals Limited filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Palapura, Bindu) |
| Filing 16 [SEALED] ANSWER to #1 Complaint, , COUNTERCLAIM against Galderma Laboratories, L.P., TCD Royalty Sub LP by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Attachments: #1 Exhibit 1-7)(Palapura, Bindu) |
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Filing 15
SO ORDERED, regarding D.I. #14 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to November 30, 2022 filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. Signed by Judge Stephanos Bibas on 11/29/2022. (apk)
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| Filing 14 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to November 30, 2022 - filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Moore, David) |
| Pro Hac Vice Attorneys Dennies Varughese, Paul A. Ainsworth, Davin B. Guinn, Robert W. Stout for Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals 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. (twk) |
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Filing 13
SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Dennies Varughese, Paul A. Ainsworth, Davin B. Guinn and Robert Stout of Sterne Kessler Goldstein Fox PLLC filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. Signed by Judge Stephanos Bibas on 10/24/2022. (apk)
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| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Dennies Varughese, Paul A. Ainsworth, Davin B. Guinn and Robert Stout of Sterne Kessler Goldstein Fox PLLC - filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Palapura, Bindu) |
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Filing 11
SO ORDERED D.I. #10 . Ordered by Judge Stephanos Bibas on 10/21/2022. (smg)
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| Filing 10 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to November 28, 2022 - filed by Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited. (Moore, David) |
| Case Assigned to Judge Stephanos Bibas of the United States Court of Appeals for the Third Circuit (due to related cases). Please include the initials of the Judge (SB) after the case number on all documents filed. (rjb) |
| Filing 9 AFFIDAVIT of Service for Summons, Complaint and related papers served on Alembic Pharmaceuticals Limited on October 6, 2022, filed by Galderma Laboratories, L.P., TCD Royalty Sub LP. (Tigan, Jeremy) |
| Filing 8 SUMMONS Returned Executed by TCD Royalty Sub LP, Galderma Laboratories, L.P..Alembic Pharmaceuticals Inc. served on 10/6/2022, answer due 10/27/2022. (Tigan, Jeremy) |
| Filing 7 Summons Issued as to Alembic Pharmaceuticals Limited on 10/5/2022. (vfm) |
| Filing 6 Summons Issued as to Alembic Pharmaceuticals Inc. on 10/5/2022. (vfm) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Drug Royalty III LP 2, Corporate Parent DRI Healthcare Trust for TCD Royalty Sub LP; Corporate Parent Galderma Services Inc. for Galderma Laboratories, L.P. filed by Galderma Laboratories, L.P., TCD Royalty Sub LP. (vfm) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,749,532 B2 ;8,206,740 B2. (vfm) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 08/24/2022. Date of Expiration of Patent: 12/24/2025 (U.S. Patent No. 8,206,740) and 12/19/2027 (U.S. Patent No. 7,749,532).Thirty Month Stay Deadline: 2/24/2025. (vfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm) |
| Filing 1 COMPLAINT for ANDA/PATENT INFRINGEMENT filed against Alembic Pharmaceuticals Inc., Alembic Pharmaceuticals Limited ( Filing fee $ 402, receipt number ADEDC-3975693.) - filed by TCD Royalty Sub LP, Galderma Laboratories, L.P. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet) (vfm) |
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