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 |
| 1:2023cv01182 |
| October 19, 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 17 STIPULATION TO EXTEND TIME for the parties to submit a [Proposed] Protective Order to December 14, 2023 - filed by FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Pfizer Inc., The Scripps Research Institute, Wyeth LLC. (Dellinger, Megan) |
| Filing 16 NOTICE OF SERVICE of Defendant Aurobindo Pharma Limited's ANDA Production filed by Aurobindo Pharma Limited.(Dorsney, Kenneth) |
| Filing 15 NOTICE OF SERVICE of Defendant Aurobindo Pharma Limited's Rule 26(a)(1) Initial Disclosures and Paragraph 3 Disclosures filed by Aurobindo Pharma Limited.(Dorsney, Kenneth) |
Filing 14
SCHEDULING ORDER: The five related captioned cases herein are consolidated for all purposes, including discovery and trial,and the provisions of this scheduling order shall govern in each case. Joinder of Parties due by 10/4/2024. Amended Pleadings due by 10/4/2024. Fact Discovery completed by 10/25/2024. Opening Expert Reports due by 1/24/2025. Rebuttal Expert Reports due by 4/25/2025. Reply Expert Reports due by 6/27/2025. Expert Discovery due by 9/12/2025. Status Report due by 9/4/2024. Claim Construction Opening Brief due by 6/21/2024. Claim Construction Answering Brief due by 7/19/2024. Claim Construction Reply Brief due by 8/2/2024. Claim Construction Surreply Brief due by 8/16/2024. Joint Claim Construction Brief due by 8/30/2024. A Markman Hearing is set for 10/2/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 4/21/2026 at 03:00 PM in Courtroom 6B before Judge Gregory B. Williams. A Bench Trial is set for 4/27/2026 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams.. Signed by Judge Christopher J. Burke on 11/27/2023. 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, 1:23-cv-01182-GBW-CJB(dlb)
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| Per Scheduling Order entered on 11/27/2023, Case associated with lead case: 23-cv-00879-GBW-CJB. All future documents shall be filed in the lead case only. (dlb) |
| Filing 13 Letter to The Honorable Christopher J. Burke from Megan E. Dellinger regarding Proposed Scheduling Order. (Attachments: #1 Exhibits A-B)(Dellinger, Megan) |
| Filing 12 NOTICE OF SERVICE of Plaintiffs' Identification of Accused Products and Asserted Patents Pursuant to Paragraph 4.a of the Delaware Default Standard for Discovery filed by FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., Pfizer Inc., The Scripps Research Institute, Wyeth LLC.(Dellinger, Megan) |
| Filing 11 STIPULATION TO EXTEND TIME for the parties to submit a proposed scheduling order, letter, and copy of the case management checklist pursuant to the Court's Order to November 16, 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 D.I. (11 in 1:23-cv-01182-GBW-CJB, 18 in 1:23-cv-00924-GBW-CJB, 19 in 1:23-cv-00909-GBW-CJB, 19 in 1:23-cv-00879-JCG-CJB, 18 in 1:23-cv-00923-GBW-CJB) STIPULATION TO EXTEND TIME for the parties to submit a proposed scheduling order, letter, and copy of the case management checklist pursuant to the Court's Order to November 16, 2023 filed by Wyeth LLC, PF PRISM IMB B.V., FoldRx Pharmaceuticals, LLC, Pfizer Inc., The Scripps Research Institute. Ordered by Judge Christopher J. Burke on 11/8/2023. Associated Cases: 1:23-cv-00879-JCG-CJB, 1:23-cv-00909-GBW-CJB, 1:23-cv-00923-GBW-CJB, 1:23-cv-00924-GBW-CJB, 1:23-cv-01182-GBW-CJB(dlb)
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Filing 10
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"), if applicable. Within thirty (30) days from the date of this Order, 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 10/31/2023. (dlb)
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| 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) |
| 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) |
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Filing 9
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 10/30/2023. (ntl)
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| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (nms) |
| Filing 8 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Aurobindo Pharma Limited. (Hitch, Cortlan) |
| Filing 7 ANSWER to #1 Complaint, by Aurobindo Pharma Limited.(Hitch, Cortlan) |
| Filing 6 Summons Issued as to Aurobindo Pharma Limited on 10/19/2023. (mpb) |
| 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. (mpb) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,214,696 B2. (mpb) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 10/5/2023. Date of Expiration of Patent: 12/19/2024.Thirty Month Stay Deadline: 11/3/2026. (mpb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 1 COMPLAINT filed against Aurobindo Pharma Limited ( Filing fee $ 402, receipt number ADEDC-4253509.) - 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)(mpb) |
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