Pfizer Inc. et al v. Aurobindo Pharma Limited
| Pfizer Inc., FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Wyeth LLC and The Scripps Research Institute |
| Aurobindo Pharma Limited |
| 1:2023cv00923 |
| August 23, 2023 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Gregory B Williams |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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Filing 15
ORAL ORDER: By no later than seven days from today's date, the parties shall meet and confer and submit a letter of no more than one single-spaced page indicating whether they would jointly agree to consent to Judge Burke's jurisdiction to conduct all proceedings in this case. To the extent the parties consent, the Court will work with them to ensure that it provides a final post-trial decision prior to expiration of the 30-month stay in a time frame that is acceptable to all parties. Ordered by Judge Christopher J. Burke on 10/19/2023. Associated Cases: 1:23-cv-00879-GBW-CJB, 1:23-cv-00909-GBW-CJB, 1:23-cv-00923-GBW-CJB, 1:23-cv-00924-GBW-CJB(dlb)
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Filing 14
ORAL ORDER: IT IS HEREBY ORDERED that by no later than October 26, 2023, the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"), if applicable. By that date, the parties shall also jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order that is consistent with Judge Burke's "Rule 16 Scheduling Order--Patent" (with alterations for ANDA cases) up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 12-21 of Judge Williams' "Rule 16 Scheduling Order -- Patent (ANDA)" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions).; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Williams' portions of the District Court's website.Ordered by Judge Christopher J. Burke on 10/17/2023. Associated Cases: 1:23-cv-00923-GBW-CJB, 1:23-cv-00879-GBW-CJB, 1:23-cv-00909-GBW-CJB, 1:23-cv-00924-GBW-CJB(dlb)
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| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf Associated Cases: 1:23-cv-00923-GBW-CJB, 1:23-cv-00879-GBW-CJB, 1:23-cv-00909-GBW-CJB, 1:23-cv-00924-GBW-CJB(dlb) |
| Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: #https://www.ded.uscourts.gov/sites/ded/files/CJBCC2022.pdf Associated Cases: 1:23-cv-00923-GBW-CJB, 1:23-cv-00879-GBW-CJB, 1:23-cv-00909-GBW-CJB, 1:23-cv-00924-GBW-CJB(dlb) |
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Filing 13
ORAL ORDER REFERRING CASE TO Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine, or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. ORDERED by Judge Gregory B. Williams on 10/13/23. Associated Cases: 1:23-cv-00923-GBW, 1:23-cv-00879-GBW, 1:23-cv-00909-GBW, 1:23-cv-00924-GBW(ntl)
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Filing 12
ORAL ORDER: IT IS HEREBY ORDERED that, not later than thirty (30) days from the date of this Order, the parties shall meet and confer and file a joint proposed Scheduling Order in this action consistent with the applicable form Scheduling Order of Judge Williams, which is posted at http://www/ded/uscourts.gov (See Chambers, Judge Williams, Forms), along with a cover letter requesting the Court to enter the joint proposed Scheduling Order (if there are no disputes or other issues concerning scheduling that the Court needs to address) or to schedule the Scheduling Conference. If there are disputes or other issues the Court needs to address in the joint proposed Scheduling Order, in the cover letter, the parties shall direct the Court to the paragraph numbers in the joint proposed Scheduling Order in which those appear. ORDERED by Judge Gregory B. Williams on 10/2/23. (ntl)
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| Filing 11 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Aurobindo Pharma Limited. (Hitch, Cortlan) |
| Filing 10 ANSWER to #1 Complaint, by Aurobindo Pharma Limited.(Hitch, Cortlan) |
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SO ORDERED, re (12 in 1:23-cv-00909-GBW, 9 in 1:23-cv-00923-GBW, 12 in 1:23-cv-00924-GBW) MOTION for Pro Hac Vice Appearance of Attorney Thomas H.L. Selby, Stanley E. Fisher, and Seth R. Bowers filed by Wyeth LLC, PF PRISM IMB B.V., FoldRx Pharmaceuticals, LLC, Pfizer Inc., The Scripps Research Institute. Signed by Judge Gregory B. Williams on 9/28/23. Associated Cases: 1:23-cv-00909-GBW, 1:23-cv-00923-GBW, 1:23-cv-00924-GBW (ntl)
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| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Thomas H.L. Selby, Stanley E. Fisher, and Seth R. Bowers - filed by FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Pfizer Inc., The Scripps Research Institute, Wyeth LLC. (Dellinger, Megan) |
| Pro Hac Vice Attorney Kenneth S. Canfield, Julia S. Kim, Edward D. Pergament, and Dmitry V. Shelhoff for Aurobindo Pharma 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) |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint and related papers served on Aurobindo Pharma Limited on September 11, 2023, filed by FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Pfizer Inc., The Scripps Research Institute, Wyeth LLC. (Dellinger, Megan) |
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SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Dmitry V. Shelhoff, Attorney Kenneth S. Canfield, Attorney Edward D. Pergament and Attorney Julia S. Kim filed by Aurobindo Pharma Limited. Signed by Judge Gregory B. Williams on 9/7/23. (ntl)
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| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Dmitry V. Shelhoff, Attorney Kenneth S. Canfield, Attorney Edward D. Pergament and Attorney Julia S. Kim - filed by Aurobindo Pharma Limited. (Dorsney, Kenneth) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) |
| Filing 6 Summons Issued as to Aurobindo Pharma Limited on 8/23/2023. (jfm) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc. for FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Wyeth LLC filed by FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Pfizer Inc., The Scripps Research Institute, Wyeth LLC. (jfm) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,214,695 B2. (jfm) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: July 11, 2023. Date of Expiration of Patent: April 27, 2024.Thirty Month Stay Deadline: 11/3/2026. (jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed against Aurobindo Pharma Limited (Filing fee $ 402, receipt number ADEDC-4208088.) - filed by Pfizer Inc., FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Wyeth LLC, The Scripps Research Institute. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(jfm) |
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