Vifor Fresenius Medical Care Renal Pharma Ltd. et al v. Aurobindo Pharma Ltd. et al
| Vifor Fresenius Medical Care Renal Pharma Ltd. and Vifor Fresenius Medical Care Renal Pharma France S.A.S. |
| Aurobindo Pharma Ltd. and Aurobindo Pharma USA, Inc. |
| 1:2023cv00877 |
| August 10, 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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| Pro Hac Vice Attorneys Steven C. Cherny and Matthew A. Traupman for Vifor Fresenius Medical Care Renal Pharma France S.A.S. and Vifor Fresenius Medical Care Renal Pharma Ltd. 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) |
| Pro Hac Vice Attorney Geoffrey A. Kirsner for Vifor Fresenius Medical Care Renal Pharma France S.A.S., Vifor Fresenius Medical Care Renal Pharma Ltd. 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) |
| Filing 13 NOTICE OF SERVICE of Production of Defendants' Core Technical Documents Pursuant to Paragraph 4(b) of the Delaware Default Standard for Discovery and Pursuant to the Standing Order Regarding Hatch-Waxman Cases in Which Infringement is Alleged filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc..(Myer, R.) |
| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Steven C. Cherny, Matthew A. Traupman, and Geoffrey A. Kirsner - filed by Vifor Fresenius Medical Care Renal Pharma France S.A.S., Vifor Fresenius Medical Care Renal Pharma Ltd.. (Farnan, Brian) |
SO ORDERED re #12 MOTION for Pro Hac Vice Appearance of Attorney Steven C. Cherny, Matthew A. Traupman, and Geoffrey A. Kirsner filed by Vifor Fresenius Medical Care Renal Pharma Ltd., Vifor Fresenius Medical Care Renal Pharma France S.A.S. ORDERED by Judge Maryellen Noreika on 9/12/2023. (dlw)
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| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Timothy H. Kratz and Michael P. Hogan - filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc.. (Myer, R.) |
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SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Timothy H. Kratz and Michael P. Hogan filed by Aurobindo Pharma USA, Inc., Aurobindo Pharma Ltd.. ORDERED by Judge Maryellen Noreika on 9/8/2023. (mdb)
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| Pro Hac Vice Attorneys Timothy H. Kratz and Michael P. Hogan for Aurobindo Pharma Ltd. and Aurobindo Pharma USA, 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. (mpb) |
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Filing 10
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. A Bench trial will begin on 6/2/2025. 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 9/7/2023. (dlw)
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| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Aurobindo Pharma Limited for Aurobindo Pharma USA, Inc. filed by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc.. (Myer, R.) |
| Filing 8 ANSWER to #1 Complaint, by Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc..(Myer, R.) |
| Filing 7 SUMMONS Returned Executed by Vifor Fresenius Medical Care Renal Pharma Ltd., Vifor Fresenius Medical Care Renal Pharma France S.A.S..Aurobindo Pharma USA, Inc. served on 8/11/2023, answer due 9/1/2023. (Farnan, Brian) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 6 Summons Issued as to Aurobindo Pharma USA, Inc. on 8/10/2023. (jfm) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate CSL Limited, Other Affiliate Vifor Pharma AG, Other Affiliate Fresenius Medical Care AG & Co. KGaA, Other Affiliate Vifor Pharma Participations AG, Other Affiliate CSL Vifor Group, Other Affiliate CSL Behring AG, Other Affiliate CSL Behring Holdings Limited, Other Affiliate Behrin (Holdings) Pty Ltd. for Vifor Fresenius Medical Care Renal Pharma France S.A.S., Vifor Fresenius Medical Care Renal Pharma Ltd. filed by Vifor Fresenius Medical Care Renal Pharma France S.A.S., Vifor Fresenius Medical Care Renal Pharma Ltd. (jfm) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) see attached. (jfm) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: Vifor Fresenius Medical Care Renal Pharma Ltd. on July 4, 2023, and Vifor Fresenius Medical Care Renal Pharma France S.A.S. on June 28, 2023. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 1/4/2026. (jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 COMPLAINT filed against Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc. (Filing fee $ 402, receipt number ADEDC-4198807.) - filed by Vifor Fresenius Medical Care Renal Pharma Ltd., Vifor Fresenius Medical Care Renal Pharma France S.A.S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet)(jfm) |
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