AbbVie Inc. v. Hetero USA, Inc. et al
| AbbVie Inc. |
| Sun Pharmaceutical Industries, Ltd., Sandoz Inc., Hetero Labs Limited, Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Hoster Labs Private Limited, Sandoz GmbH, Hetero USA, Inc., Hetero Labs Limited Unit-V and Sandoz Private Limited |
| 1:2024cv01254 |
| November 14, 2024 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| CORRECTING ENTRY: D.I. 25 has been deleted from the docket. This case is consolidated with C.A. No. 23-1332 (MN) and filing are to be docketed in the lead case only. (dlw) |
Filing 24
SO ORDERED re (20 in 1:24-cv-01254-MN, 111 in 1:23-cv-01332-MN, 36 in 1:24-cv-00924-MN) Stipulation, Order to Consolidate and Scheduling Order (Set/Reset Scheduling Order Deadlines - Claim Construction Opening Brief due by 4/18/2025. Claim Construction Answering Brief due by 5/23/2025. Claim Construction Reply Brief due by 6/19/2025. Claim Construction Surreply Brief due by 7/9/2025. Fact Discovery completed by 3/14/2025). Signed by Judge Maryellen Noreika on 1/9/2025. (dlw)
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| Case associated with lead case: Create association to 1:23-cv-01332-MN. (dlw) |
| Filing 23 Joint STATUS REPORT on Case Narrowing by AbbVie Inc. (Tigan, Jeremy) Modified on 1/6/2025 (dlw). |
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SO ORDERED re (112 in 1:23-cv-01332-MN, 38 in 1:24-cv-00924-MN, 22 in 1:24-cv-01254-MN) STIPULATION TO EXTEND TIME for the parties to file a joint status report regarding case narrowing (see C.A. No. 23-1332-MN, D.I. 57) to January 3, 2025. ORDERED by Judge Maryellen Noreika on 1/2/2025. (dlw)
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| Filing 22 STIPULATION TO EXTEND TIME for the parties to file a joint status report regarding case narrowing (see C.A. No. 23-1332-MN, D.I. 57) to January 3, 2025 - filed by AbbVie Inc.. (Tigan, Jeremy) |
| Filing 21 NOTICE OF SERVICE of Defendants' Initial Proposed Claim Terms for Construction filed by Sandoz Inc..(Gattuso, Dominick) |
| CORRECTING ENTRY: Former D.I. 20, Status Report on Case Narrowing, has been deleted at the request of counsel. The consolidation stipulation has been renumbered to D.I. 20 to keep the D.I. Nos. sequential. (dlw) |
| Filing 20 Proposed STIPULATION, Order to Consolidate, and Scheduling Order by AbbVie Inc. (Tigan, Jeremy) Modified on 12/30/2024 (dlw). Modified on 12/30/2024 (dlw). |
| Filing 19 WAIVER OF SERVICE returned executed by AbbVie Inc.: For Aurobindo Pharma USA, Inc. waiver sent on 12/16/2024, answer due 2/14/2025. (Tigan, Jeremy) |
| Filing 18 WAIVER OF SERVICE returned executed by AbbVie Inc.: For Aurobindo Pharma Ltd. waiver sent on 12/16/2024, answer due 2/14/2025. (Tigan, Jeremy) |
| Filing 17 WAIVER OF SERVICE returned executed by AbbVie Inc.: For Sandoz Inc. waiver sent on 12/16/2024, answer due 2/14/2025. (Tigan, Jeremy) |
| Filing 16 WAIVER OF SERVICE returned executed by AbbVie Inc.: For Sun Pharmaceutical Industries, Ltd. waiver sent on 12/16/2024, answer due 2/14/2025. (Tigan, Jeremy) |
| Filing 15 WAIVER OF SERVICE returned executed by AbbVie Inc.: For Hetero Labs Limited Unit-V waiver sent on 12/16/2024, answer due 2/14/2025. (Tigan, Jeremy) |
| Filing 14 WAIVER OF SERVICE returned executed by AbbVie Inc.: For Hetero Labs Limited waiver sent on 12/16/2024, answer due 2/14/2025. (Tigan, Jeremy) |
| Filing 13 WAIVER OF SERVICE returned executed by AbbVie Inc.: For Hetero USA, Inc. waiver sent on 12/16/2024, answer due 2/14/2025. (Tigan, Jeremy) |
| Filing 12 AMENDED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 12,077,545 B2; 12,103,933 B2; 12,110,297 B2; 12,116,373 B2; 12,110,298 B2; 12,134,621 B2. (Tigan, Jeremy) Modified on 12/16/2024 (dlw). |
| Filing 11 First AMENDED COMPLAINT against All Defendants - filed by AbbVie Inc.. (Attachments: #1 Exhibits A-F)(Tigan, Jeremy) (Additional attachment(s) added on 12/16/2024: #2 Redline Comparison) (dlw). |
| Pro Hac Vice Attorney Herman H. Yue, Yi Sun, David P. Frazier for AbbVie 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. Associated Cases: 1:24-cv-00924-MN, 1:24-cv-01254-MN(cdd) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nms) |
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SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney David P. Frazier, Yi Sun and Herman H. Yue filed by AbbVie Inc. ORDERED by Judge Maryellen Noreika on 11/20/2024. (dlw)
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| Filing 10 Pro Hac Vice Fee - Credit Card Payment received for David P. Frazier, Yi Sun, and Herman H. Yue. ( re #9 MOTION for Pro Hac Vice Appearance of Attorney David P. Frazier, Yi Sun and Herman H. Yue )( Payment of $ 150, receipt number ADEDC-4552450).(Tigan, Jeremy) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney David P. Frazier, Yi Sun and Herman H. Yue - filed by AbbVie Inc.. (Tigan, Jeremy) |
| Filing 8 Pro Hac Vice Fee - Credit Card Payment received for Christopher N. Sipes, Erica N. Andersen, and Nicholas L. Evoy. ( re #7 MOTION for Pro Hac Vice Appearance of Attorney Christopher N. Sipes, Erica N. Andersen, and Nicholas L. Evoy )( Payment of $ 150, receipt number ADEDC-4550986).(Tigan, Jeremy) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Christopher N. Sipes, Erica N. Andersen, and Nicholas L. Evoy - filed by AbbVie Inc.. (Tigan, Jeremy) |
| Pro Hac Vice Attorney Christopher N. Sipes, Erica N. Anderson, Nicholas L. Evoy for AbbVie 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. Associated Cases: 1:24-cv-00924-MN, 1:24-cv-01254-UNA(cdd) |
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SO ORDERED re #7 MOTION for Pro Hac Vice Appearance of Attorney Christopher N. Sipes, Erica N. Andersen, and Nicholas L. Evoy filed by AbbVie Inc. ORDERED by Judge Maryellen Noreika on 11/18/2024. (dlw)
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| Filing 6 Summons Issued as to Aurobindo Pharma Ltd. on 11/14/2024; Aurobindo Pharma USA, Inc. on 11/14/2024; Hetero Labs Limited on 11/14/2024; Hetero Labs Limited Unit-V on 11/14/2024; Hetero USA, Inc. on 11/14/2024; Hoster Labs Private Limited on 11/14/2024; Sandoz GmbH on 11/14/2024; Sandoz Inc. on 11/14/2024; Sandoz Private Limited on 11/14/2024; Sun Pharmaceutical Industries, Ltd. on 11/14/2024. (Attachments: #1 Summons Issued to Aurobindo Pharma USA, Inc., #2 Summons Issued to Hetero Labs Limited Unit-V, #3 Summons Issued to Hetero Labs Limited, #4 Summons Issued to Hetero USA, Inc., #5 Summons Issued to Hoster Labs Private Limited, #6 Summons Issued to Sandoz GmbH, #7 Summons Issued to Sandoz Inc., #8 Summons Issued to Sandoz Private Limited, #9 Summons Issued to Sun Pharmaceutical Industries, Ltd.)(scs) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by AbbVie Inc.. (scs) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 12,077,545 B2; 12,103,933 B2; 12,110,297 B2; 12,116,373 B2 ; 12,110,298 B2. (scs) |
| Filing 3 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 10/24/2024. Date of Expiration of Patent: 10/17/2036.Thirty Month Stay Deadline: 2/16/2027. (scs) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) |
| Filing 1 COMPLAINT against Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc., Hetero Labs Limited, Hetero Labs Limited Unit-V, Hetero USA, Inc., Hoster Labs Private Limited, Sandoz GmbH, Sandoz Inc., Sandoz Private Limited, Sun Pharmaceutical Industries, Ltd. (Filing fee $ 405, receipt number ADEDC-4548912) - filed by AbbVie Inc.. (Attachments: #1 Exhibits A-E, #2 Civil Cover Sheet)(scs). |
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