Amicus Therapeutics US, LLC et al v. Lupin Ltd. et al
Counter Defendant: Amicus Therapeutics US, LLC and Amicus Therapeutics, Inc.
Counter Claimant: Lupin Ltd. and Lupin Pharmaceuticals, Inc.
Case Number: 1:2023cv00964
Filed: September 1, 2023
Court: US District Court for the District of Delaware
Presiding Judge: Christopher J Burke
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2023 Pro Hac Vice Attorneys Joshua E. Ney, Mark C. Nelson, and Christina M. Baugh for Amicus Therapeutics US, LLC and Amicus Therapeutics, 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)
October 18, 2023 Opinion or Order SO ORDERED D.I. #17 MOTION for Pro Hac Vice Appearance of Attorney John W. Cox, Ph.D., Mark C. Nelson, Christina M. Baugh, Joshua E. Ney, Ph.D., Heather B. Repicky, Joshua M. Kalb, Lauren Baker and Anna Whitacre filed by Amicus Therapeutics, Inc., Amicus Therapeutics US, LLC. Ordered by Judge Christopher J. Burke on 10/18/2023. (dlb)
October 17, 2023 Opinion or Order SO ORDERED D.I. #18 STIPULATION TO EXTEND TIME to Submit Case Management Checklist to November 15, 2023 filed by Amicus Therapeutics, Inc., Amicus Therapeutics US, LLC. Ordered by Judge Christopher J. Burke on 10/17/2023. (dlb)
October 16, 2023 Filing 18 STIPULATION TO EXTEND TIME to Submit Case Management Checklist to November 15, 2023 - filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc.. (Stover, Chad)
October 3, 2023 Filing 17 MOTION for Pro Hac Vice Appearance of Attorney John W. Cox, Ph.D., Mark C. Nelson, Christina M. Baugh, Joshua E. Ney, Ph.D., Heather B. Repicky, Joshua M. Kalb, Lauren Baker and Anna Whitacre - filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc.. (Stover, Chad)
September 29, 2023 Filing 16 ANSWER to #9 Answer to Complaint, Counterclaim by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc..(Stover, Chad)
September 29, 2023 Filing 15 NOTICE OF SERVICE of Lupin Limited and Lupin Pharmaceuticals, Inc.'s [CONFIDENTIAL] Amended Federal Rule of Civil Procedure 26(a)(1) Initial Disclosures and Lupin Limited and Lupin Pharmaceuticals, Inc.'s [CONFIDENTIAL] Amended Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Bilson, David)
September 28, 2023 Filing 14 NOTICE OF SERVICE of 1) Plaintiffs Amicus Therapeutics US, LLC and Amicus Therapeutics, Inc.'s Disclosure Pursuant to Paragraph 3 of the Default Standard for Discovery and 2) Plaintiffs Amicus Therapeutics US, LLC and Amicus Therapeutics, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc..(Stover, Chad)
September 25, 2023 Filing 13 NOTICE OF SERVICE of Plaintiffs Amicus Therapeutics US, LLC and Amicus Therapeutics, Inc.'s Preliminary Disclosure of Asserted Claims filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc..(Stover, Chad)
September 25, 2023 Opinion or Order Filing 12 ORAL ORDER: IT IS HEREBY ORDERED that 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). Within thirty (30) days from the date of this Order, the parties shall 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, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent" (and with additional changes made to accommodate the fact that this is an ANDA litigation matter); 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 Scheduling Order can be found on Judge Burke's portion of the District Court's website. Ordered by Judge Christopher J. Burke on 9/25/2023. (dlb)
September 25, 2023 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 (dlb)
September 25, 2023 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 (dlb)
September 22, 2023 Filing 11 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Lupin Limited for Lupin Pharmaceuticals, Inc. filed by Lupin Pharmaceuticals, Inc.. (Phillips, John)
September 22, 2023 Filing 10 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Lupin Ltd.. (Phillips, John)
September 22, 2023 Filing 9 ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by Lupin Pharmaceuticals, Inc., Lupin Ltd..(Phillips, John)
September 19, 2023 Filing 8 CONSENT to Jurisdiction by U.S. Magistrate Judge filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc., Lupin Ltd., Lupin Pharmaceuticals, Inc. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 9/19/2023. (nmf)
September 7, 2023 Opinion or Order ORAL ORDER: It is HEREBY ORDERED that on or before 2 weeks following the entry of appearance by the Defendants, the parties shall either (1) submit to the Clerk of Court an executed Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, indicating their consent to have a United States Magistrate Judge conduct all proceedings in this case including trial, the entry of final judgment, and post-trial proceedings; or (2) file a joint letter indicating that all the parties do not consent to a referral of this action to a Magistrate Judge. The letter should not indicate which party or parties did not consent. If all the parties consent, the case will be referred to Magistrate Judge Burke. Because of the Court's caseload, if the parties do not consent, the Court intends to assign the case to a visiting judge from another district. Ordered by Judge Colm F. Connolly on 9/7/2023. (nmf)
September 6, 2023 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
September 1, 2023 Filing 7 Summons Issued as to Lupin Ltd. and Lupin Pharmaceuticals, Inc. on 9/1/2023. (Attachments: #1 Summons Issued Lupin Pharmaceuticals, Inc.)(jfm)
September 1, 2023 Filing 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed for Amicus Therapeutics, Inc. filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc. (jfm)
September 1, 2023 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Amicus Therapeutics, Inc. for Amicus Therapeutics US, LLC filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc. (jfm)
September 1, 2023 Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,000,011; 9,987,263; 10,383,864; 10,406,143; 10,925,866; 10,813,921; RE48,608. (jfm)
September 1, 2023 Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: August 10, 2023. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 2/10/2026. (jfm)
September 1, 2023 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm)
September 1, 2023 Filing 1 COMPLAINT filed against Lupin Ltd., Lupin Pharmaceuticals, Inc. (Filing fee $ 402, receipt number ADEDC-4214674.) - filed by Amicus Therapeutics US, LLC, Amicus Therapeutics, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(jfm)

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Counter defendant: Amicus Therapeutics US, LLC
Represented By: Chad S.C. Stover
Represented By: Christina M. Baugh
Represented By: Joshua E. Ney
Represented By: Mark C. Nelson
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Counter defendant: Amicus Therapeutics, Inc.
Represented By: Chad S.C. Stover
Represented By: Christina M. Baugh
Represented By: Joshua E. Ney
Represented By: Mark C. Nelson
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Counter claimant: Lupin Ltd.
Represented By: John C. Phillips, Jr.
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Counter claimant: Lupin Pharmaceuticals, Inc.
Represented By: John C. Phillips, Jr.
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