Shionogi & Co., Ltd. et al v. Norwich Pharmaceuticals, Inc. et al
| Shionogi & Co., Ltd. and Hoffmann-La Roche Inc. |
| Norwich Pharmaceuticals, Inc. and Alvogen PB Research & Development LLC |
| Genentech, Inc. |
| 1:2023cv00161 |
| February 13, 2023 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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Filing 18
SCHEDULING ORDER: Joinder of Parties due by 7/17/2024. Amended Pleadings due by 7/17/2024. Fact Discovery completed by 3/28/2024. Opening Expert Reports due by 10/25/2024. Rebuttal Expert Reports due by 12/19/2024. Reply Expert Reports due by 1/31/2025. Expert Discovery due by 4/3/2025. Daubert Motions due by 4/17/2025. Claim Construction Opening Brief served by 4/4/2024. Claim Construction Answering Brief served by 5/2/2024. Claim Construction Reply Brief served by 5/30/2024. Claim Construction Surreply Brief served by 6/27/2024. Joint Claim Construction Brief filed by 7/10/2024. A Markman Hearing is set for 8/8/2024 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 9/2/2025 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Bench Trial is set for 9/8/2025 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 4/12/2023. (dlw)
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| Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Hassen A. Sayeed, Daniel OBoyle, Carolyn S. Wall and Nancy L. Schroeder - filed by Genentech, Inc., Hoffmann-La Roche Inc., Shionogi & Co., Ltd.. (Clark, Cameron) |
| Filing 16 NOTICE of Appearance of Lisa B. Pensabene of O'Melveny & Myers LLP for Plaintiffs by Genentech, Inc., Hoffmann-La Roche Inc., Shionogi & Co., Ltd. (Clark, Cameron) |
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SO ORDERED re #17 MOTION for Pro Hac Vice Appearance of Attorney Hassen A. Sayeed, Daniel OBoyle, Carolyn S. Wall and Nancy L. Schroeder filed by Genentech, Inc., Hoffmann-La Roche Inc., Shionogi & Co., Ltd. ORDERED by Judge Maryellen Noreika on 4/12/2023. (dlw)
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| Filing 15 PROPOSED ORDER // Scheduling Order by Genentech, Inc., Hoffmann-La Roche Inc., Shionogi & Co., Ltd. (Attachments: #1 Cover Letter to the Honorable Maryellen Noreika)(Jacobs, Karen) Modified on 4/11/2023 (dlw). |
| Filing 14 ANSWER to #10 Answer to Complaint, Counterclaim - by Genentech, Inc., Hoffmann-La Roche Inc., Shionogi & Co., Ltd..(Clark, Cameron) |
| CORRECTING ENTRY: The docket text of the 3/8/2023 Oral Order (D.I. 13) has been updated to reflect the correct year for the trial. The trial will begin on 9/8/2025. (dlw) |
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Filing 13
ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The bench trial will be set to begin on 9/8/2025. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiffs serves their opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 3/8/2023. (dlw) Modified on 3/10/2023 (dlw).
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| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Matthew J. Becker, Chad A. Landmon, Rebecca L. Clegg, Aaron Z. Savit and Alexander S. Krois - filed by Alvogen PB Research & Development LLC, Norwich Pharmaceuticals, Inc.. (Hoeschen, Nathan) |
| Filing 11 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Alvogen Pharma US, Inc. for Alvogen PB Research & Development LLC, Norwich Pharmaceuticals, Inc. filed by Alvogen PB Research & Development LLC, Norwich Pharmaceuticals, Inc.. (Hoeschen, Nathan) |
| Filing 10 ANSWER to #1 Complaint, COUNTERCLAIM against Genentech, Inc., Hoffmann-La Roche Inc., Shionogi & Co., Ltd. by Norwich Pharmaceuticals, Inc., Alvogen PB Research & Development LLC.(Hoeschen, Nathan) Modified on 3/8/2023 (dlw). |
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SO ORDERED re #12 MOTION for Pro Hac Vice Appearance of Attorney Matthew J. Becker, Chad A. Landmon, Rebecca L. Clegg, Aaron Z. Savit and Alexander S. Krois filed by Norwich Pharmaceuticals, Inc., Alvogen PB Research & Development LLC. ORDERED by Judge Maryellen Noreika on 3/8/2023. (dlw)
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| Pro Hac Vice Attorney Matthew J. Becker, Chad A. Landmon, Aaron Z. Savit, Rebecca L. Clegg, and Alexander S. Krois for Alvogen PB Research & Development LLC 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) |
| Filing 9 SUMMONS Returned Executed by Shionogi & Co., Ltd., Genentech, Inc., Hoffmann-La Roche Inc..Norwich Pharmaceuticals, Inc. served on 2/15/2023, answer due 3/8/2023. (Jacobs, Karen) |
| Filing 8 SUMMONS Returned Executed by Shionogi & Co., Ltd., Genentech, Inc., Hoffmann-La Roche Inc..Alvogen PB Research & Development LLC served on 2/15/2023, answer due 3/8/2023. (Jacobs, Karen) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 7 Summons Issued as to Alvogen PB Research & Development LLC on 2/14/2023; Norwich Pharmaceuticals, Inc. on 2/14/2023. (Attachments: #1 Summons Issued)(twk) |
| Filing 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Shionogi & Co., Ltd. (twk) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Roche Holdings, Inc., Other Affiliate Roche Holding Ltd. for Genentech, Inc., Hoffmann-La Roche Inc. - filed by Genentech, Inc., Hoffmann-La Roche Inc. (twk) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,927,710 B2; 8,987,441 B2; 9,815,835 B2; 10,392,406 B2; 10,633,397 B2; 10,759,814 B2; 11,261,198 B2; 11,306,106 B2. (Attachments: #1 Additional Patents)(twk) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: No earlier than December 30, 2022 by Genentech and no earlier than January 5, 2023 by Shionogi & Co., Ltd. Date of Expiration of Patent: U.S. Patent No. 8,927,710 expires on May 5, 2031; U.S. Patent No. 8,987,441 expires on September 21, 2031; U.S. Patent No. 9,815,835 expires on June 14, 2030; U.S. Patent No. 10,392,406 expires on April 27, 2036; U.S. Patent No. 10,633,397 expires on April 27, 2036; U.S. Patent No. 10,759,814 expires on August 9, 2037; U.S. Patent No. 11,261,198 expires on September 25, 2038; and U.S. Patent No. 11,306,106 expires on August 9, 2037. Thirty Month Stay Deadline: 4/24/2026. (twk) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Alvogen PB Research & Development LLC, Norwich Pharmaceuticals, Inc. ( Filing fee $ 402, receipt number ADEDC-4066373.) - filed by Shionogi & Co., Ltd., Genentech, Inc., Hoffmann-La Roche Inc. (Attachments: #1 Exhibit A-H, #2 Civil Cover Sheet)(twk) |
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