Merck KGaA et al v. TWi Pharmaceuticals, Inc. et al
| Ares Trading SA, Merck KGaA and Merck Serono SA |
| TWi Pharmaceuticals USA, Inc. and TWi Pharmaceuticals, Inc. |
| Ares Trading SA, Merck KGaA and Merck Serono SA |
| TWi Pharmaceuticals USA, Inc. and TWi Pharmaceuticals, Inc. |
| 1:2024cv00700 |
| June 14, 2024 |
| U.S. 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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This docket was last retrieved on August 6, 2024. A more recent docket listing may be available from PACER.
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Filing 17
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 8/6/2024. (smg)
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| Filing 16 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by TWi Pharmaceuticals USA, Inc., TWi Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Pro Hac Vice Attorney Don J. Mizerk for TWi 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. (cdd) |
| Pro Hac Vice Attorney Stephen R. Howe for TWi Pharmaceuticals USA, Inc. and TWi 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. (mpb) |
| Filing 15 Pro Hac Vice Fee - Credit Card Payment received for Don J. Mizerk and Stephen R. Howe. ( Payment of $ 100, receipt number ADEDC-4447403).(Gattuso, Dominick) |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Don J. Mizerk and Stephen R. Howe - filed by TWi Pharmaceuticals USA, Inc., TWi Pharmaceuticals, Inc.. Motions referred to Christopher J. Burke.(Gattuso, Dominick) |
| Filing 13 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bora Pharmaceuticals Co. Ltd for TWi Pharmaceuticals USA, Inc., TWi Pharmaceuticals, Inc. filed by TWi Pharmaceuticals USA, Inc., TWi Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Filing 12 NOTICE of Appearance by Dominick T. Gattuso on behalf of TWi Pharmaceuticals USA, Inc., TWi Pharmaceuticals, Inc. (mrr) |
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SO ORDERED, D.I. #14 MOTION for Pro Hac Vice Appearance of Attorney Don J. Mizerk and Stephen R. Howe filed by TWi Pharmaceuticals, Inc., TWi Pharmaceuticals USA, Inc. Ordered by Judge Christopher J. Burke on 07/09/2024. (smg)
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| CORRECTING ENTRY: Attorney Dominick Gattuso has been modified on the docket to show him as representing Defendants TWi Pharmaceuticals, Inc. and TWi Pharmaceuticals USA, Inc. He was originally shown as representing Plaintiff's in this matter prior to the docket edit. (mrr) |
| Filing 11 STIPULATION TO EXTEND TIME to Answer, Move or Otherwise Respond to the Complaint to August 6, 2024 - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Gattuso, Dominick) |
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SO ORDERED, D.I. #11 STIPULATION TO EXTEND TIME to Answer, Move or Otherwise Respond to the Complaint to August 6, 2024 filed by Ares Trading SA, Merck Serono SA, Merck KGaA. Ordered by Judge Christopher J. Burke on 07/08/2024. (smg)
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Filing 10
ORAL ORDER: Given that this case is related to Civil Action Nos. 22-974, 23-39, 23-655, and 22-1365, all of which were previously referred to Magistrate Judge Christopher J. Burke, IT IS HEREBY ORDERED that this case is also referred to Judge 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 6/27/24. (ntl)
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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 (smg) |
| 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 (smg) |
| CORRECTING ENTRY: Corrected civil cover sheet added to D.I. #1 . (ntl) |
| Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) |
| Filing 9 Letter to The Honorable Maryellen Noreika and The Honorable Gregory B. Williams from Jeremy A. Tigan regarding related cases. (Tigan, Jeremy) |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint and related papers served on TWi Pharmaceuticals, Inc. on June 17, 2024, filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 7 SUMMONS Returned Executed by Merck Serono SA, Merck KGaA, Ares Trading SA.TWi Pharmaceuticals USA, Inc. served on 6/17/2024, answer due 7/8/2024. (Tigan, Jeremy) |
| Filing 6 Summons Issued as to TWi Pharmaceuticals USA, Inc. on 6/14/2024; TWi Pharmaceuticals, Inc. on 6/14/2024. (Attachments: #1 Summons Issued)(mpb) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Merck KGaA for Ares Trading SA, Merck Serono SA filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (mpb) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,713,947 B2; 8,377,903 B2. (mpb) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 5/7/2024. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 11/7/2026. (mpb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 1 COMPLAINT filed against TWi Pharmaceuticals USA, Inc., TWi Pharmaceuticals, Inc. ( Filing fee $ 405, receipt number ADEDC-4430498.) - filed by Merck Serono SA, Merck KGaA, Ares Trading SA. (Attachments: #1 Exhibit A-C, #2 Civil Cover Sheet)(mpb) (Attachment 2 replaced on 6/26/2024) (ntl). |
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