Bayer Intellectual Property Gmbh, et al. v. Auson Pharmaceuticals Inc., et al.
Plaintiff: Bayer Pharma AG, Bayer AG and Janssen Pharmaceuticals Inc.
Defendant: Auson Pharmaceuticals, Inc. and Auson Pharmaceuticals Co., Ltd.
Counter Defendant: Bayer Intellectual Property GMBH
Case Number: 1:2023cv01103
Filed: October 5, 2023
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 15 U.S.C. § 1126 Patent Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2023 Filing 22 Letter to The Honorable Richard G. Andrews, from Kasey H. DeSantis, regarding status. (DeSantis, Kasey) Modified on 11/13/2023 (nms).
November 10, 2023 Filing 21 NOTICE of Appearance by Kasey Hacker DeSantis on behalf of Auson Pharmaceuticals Co., Ltd., Auson Pharmaceuticals, Inc. (DeSantis, Kasey)
November 9, 2023 Opinion or Order Filing 20 ORAL ORDER: A joint status letter regarding the entry of appearance of local counsel for Defendants is due no later than five (5) days from the date of this Order. Ordered by Judge Richard G. Andrews on 11/9/2023. (nms)
October 13, 2023 Filing 19 ANSWER to #10 Answer to Complaint, and Counterclaim, by Bayer AG, Bayer Pharma AG, Janssen Pharmaceuticals Inc..(Fahnestock, Derek) Modified on 11/9/2023 (nms).
October 10, 2023 Pro Hac Vice Attorney Howard S. Suh for Auson Pharmaceuticals Co., Ltd., Auson Pharmaceuticals, 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. (twk)
October 5, 2023 Filing 18 Record of case transferred in from District of New Jersey; Case Number in Other District: 2:23-cv-03020. Copy of Docket Sheet and original file
October 5, 2023 Opinion or Order Filing 17 Order of MDL Panel transferring case to the District of District of Delaware. (krg) [Transferred from New Jersey on 10/5/2023.]
October 5, 2023 Remark: MDL panel has been advised (jfm)
October 3, 2023 Pro Hac Vice counsel, HOWARD S. SUH, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mxw, ) [Transferred from New Jersey on 10/5/2023.]
October 2, 2023 Filing 16 Notice of Request by Pro Hac Vice HOWARD S. SUH to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14754001.) (KALISH, PAUL) [Transferred from New Jersey on 10/5/2023.]
September 29, 2023 Opinion or Order Filing 15 ORDER granting Defendants' #12 Application for Howard S. Suh, Esq. to appear pro hac vice. Signed by Magistrate Judge Leda D. Wettre on 9/29/2023. (mxw) [Transferred from New Jersey on 10/5/2023.]
September 28, 2023 Filing 14 NOTICE of Appearance by JONATHAN R. LAGARENNE on behalf of AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC. (LAGARENNE, JONATHAN) [Transferred from New Jersey on 10/5/2023.]
September 28, 2023 Filing 13 NOTICE of Appearance by GERARD P. NORTON on behalf of AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC. (NORTON, GERARD) [Transferred from New Jersey on 10/5/2023.]
September 28, 2023 Filing 12 APPLICATION/PETITION by AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC.. (Attachments: #1 Declaration of Howard S. Suh in Support of Pro Hac Vice Admission, #2 Certification of Paul W. Kalish in Support of Pro Hac Vice Admission, #3 Text of Proposed Order on Consent Granting Pro Hac Vice Application)(KALISH, PAUL) Modified on 9/28/2023 (mxw). [Transferred from New Jersey on 10/5/2023.]
September 22, 2023 Filing 11 Corporate Disclosure Statement by AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC. identifying SHANGHAI AUSON PHARMACEUTICALS CO., LTD as Corporate Parent.. (KALISH, PAUL) [Transferred from New Jersey on 10/5/2023.]
September 22, 2023 Filing 10 ANSWER to Complaint with Affirmative Defenses, COUNTERCLAIM against BAYER AG, BAYER INTELLECTUAL PROPERTY GMBH, BAYER PHARMA AG, JANSSEN PHARMACEUTICALS, INC. by AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC.. (Attachments: #1 Exhibit A)(KALISH, PAUL) [Transferred from New Jersey on 10/5/2023.]
September 21, 2023 Filing 9 NOTICE of Appearance by PAUL W. KALISH on behalf of AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC. (KALISH, PAUL) [Transferred from New Jersey on 10/5/2023.]
August 17, 2023 Filing 8 NOTICE that pursuant to the order of the United States Judicial Panel on Multidistrict Litigation filed on August 11, 2023, a hearing session has been scheduled to consider various matters under 28 U.S.C. 1407 on September 28, 2023 at the University of Kentucky (see Section B of attached notice). (krg, ) [Transferred from New Jersey on 10/5/2023.]
July 26, 2023 Filing 7 WAIVER OF SERVICE Returned Executed by JANSSEN PHARMACEUTICALS, INC., BAYER INTELLECTUAL PROPERTY GMBH, BAYER AG, BAYER PHARMA AG. AUSON PHARMACEUTICALS INC. waiver sent on 7/24/2023, answer due 9/22/2023. (MILLER, KEITH) [Transferred from New Jersey on 10/5/2023.]
July 26, 2023 Filing 6 WAIVER OF SERVICE Returned Executed by JANSSEN PHARMACEUTICALS, INC., BAYER INTELLECTUAL PROPERTY GMBH, BAYER AG, BAYER PHARMA AG. AUSON PHARMACEUTICALS CO., LTD. waiver sent on 7/24/2023, answer due 9/22/2023. (MILLER, KEITH) [Transferred from New Jersey on 10/5/2023.]
June 5, 2023 Filing 5 Corporate Disclosure Statement by BAYER AG, BAYER INTELLECTUAL PROPERTY GMBH, BAYER PHARMA AG identifying BAYER AG as Corporate Parent.. (MILLER, KEITH) [Transferred from New Jersey on 10/5/2023.]
June 5, 2023 Filing 4 Corporate Disclosure Statement by JANSSEN PHARMACEUTICALS, INC. identifying JOHNSON & JOHNSON as Corporate Parent.. (MILLER, KEITH) [Transferred from New Jersey on 10/5/2023.]
June 2, 2023 Filing 3 SUMMONS ISSUED as to AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mxw, ) [Transferred from New Jersey on 10/5/2023.]
June 2, 2023 Filing 2 AO120 Patent/Trademark Form filed. (Attachments: #1 Complaint) (mxw) [Transferred from New Jersey on 10/5/2023.]
June 1, 2023 Case Assigned to Judge Evelyn Padin and Magistrate Judge Leda D. Wettre. (ak, ) [Transferred from New Jersey on 10/5/2023.]
June 1, 2023 Filing 1 COMPLAINT against AUSON PHARMACEUTICALS CO., LTD., AUSON PHARMACEUTICALS INC. ( Filing and Admin fee $ 402 receipt number ANJDC-14359713) , Related Case Selected, filed by JANSSEN PHARMACEUTICALS, INC., BAYER INTELLECTUAL PROPERTY GMBH, BAYER AG, BAYER PHARMA AG. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A to Complaint, #3 Exhibit B to Complaint)(MILLER, KEITH) [Transferred from New Jersey on 10/5/2023.]

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Search for this case: Bayer Intellectual Property Gmbh, et al. v. Auson Pharmaceuticals Inc., et al.
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Counter defendant: Bayer Intellectual Property GMBH
Represented By: Keith J. Miller
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Plaintiff: Bayer Pharma AG
Represented By: Keith J. Miller
Represented By: Derek James Fahnestock
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Plaintiff: Bayer AG
Represented By: Keith J. Miller
Represented By: Derek James Fahnestock
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Plaintiff: Janssen Pharmaceuticals Inc.
Represented By: Keith J. Miller
Represented By: Derek James Fahnestock
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Defendant: Auson Pharmaceuticals, Inc.
Represented By: Jonathan R. Lagarenne
Represented By: Gerard Norton
Represented By: Paul W. Kalish
Represented By: Howard S. Suh
Represented By: Kasey Hacker DeSantis
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Defendant: Auson Pharmaceuticals Co., Ltd.
Represented By: Jonathan R. Lagarenne
Represented By: Gerard Norton
Represented By: Paul W. Kalish
Represented By: Howard S. Suh
Represented By: Kasey Hacker DeSantis
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