United States, et al v. Cytogel Pharma, LLC

Plaintiff: Administrators of the Tulane Educational Fund and United States of America
Defendant: Cytogel Pharma, LLC
Counter_claimant: Cytogel Pharma, LLC
Counter_defendant: Administrators of the Tulane Educational Fund, United States of America and James E. Zadina
Case Number: 2:2016cv13987
Filed: August 19, 2016
Court: Louisiana Eastern District Court
Office: New Orleans Office
County: Out of State
Presiding Judge: Susie Morgan
Referring Judge: Janis van Meerveld
Nature of Suit: Patent
Cause of Action: 28:2201
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 26, 2018 503 Opinion or Order of the Court ORDER AND REASONS - IT IS ORDERED that the 283 Motion in Limine on the Admissibility of the Expert Testimony of Defendant Cytogel Pharma, LLC's expert Dr. Gregory K. Bell, filed by Plaintiffs the United States of America and the Administrator s of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is GRANTED. IT IS FURTHER ORDERED that the 268 Motion in Limine on the Admissibility of the Expert Testimony of Defendant Cytogel Pharma, LLC's exp ert Dr. William K. Schmidt, filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is DENIED AS MOOT. IT IS FURTHER ORDERED that the [281 ] Motion in Limine on the Admissibility of the Expert Testimony of Cytogel's expert Dr. William A. Clementi, filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is DENIED AS MOOT. Signed by Judge Susie Morgan. (bwn)
November 2, 2018 412 Opinion or Order of the Court ORDER AND REASONS - For the reasons herein, IT IS ORDERED that Motion in Limine on the Admissibility of the Expert Testimony of Defendant Cytogel Pharma, LLC's Expert Dr. Stephen G. Davies, filed by Plaintiff the Administrators of the Tulane Edu cational Fund and Counterclaim-Defendant Dr. James E. Zadina be and hereby GRANTED IN PART to the extent it relates to Dr. Davies' testimony on inventorship at the first trial in this case. The motion is DENIED IN PART WITHOUT PREJUDICE to the extent it relates to Dr. Davies' testimony on inventorship at the second trial in this case. The Administrators of the Tulane Educational Fund and Dr. Zadina may refile the relevant portion of the motion at the time of the second trial. IT IS FURTHER ORDERED that the motion be and hereby is DENIED IN PART as to all other issues. Signed by Judge Susie Morgan. (bwn)
October 31, 2018 404 Opinion or Order of the Court ORDER AND REASONS - IT IS ORDERED that the 277 Motion in Limine to Limit the Expert Testimony of Plaintiffs' Expert Dr. Jane V. Aldrich, filed by Defendant Cytogel Pharma, LLC, be and hereby is GRANTED. Signed by Judge Susie Morgan. (bwn)
October 29, 2018 398 Opinion or Order of the Court ORDER AND REASONS: IT IS ORDERED that the 270 Motion for Partial Summary Judgment on Count 1 of the Complaint, be and hereby is DENIED. IT IS FURTHER ORDERED that the 276 Motion for Partial Summary Judgment on the Consulting Agreement, be and h ereby is DENIED. IT IS FURTHER ORDERED that the Contingent 273 Motion for Judgment as a Matter of Law on Counts 1 and 2 of the Complaint and Counts 1 and 14 of Cytogel Pharma, LLC's Second Amended and Restated Counterclaims, be and hereby is DENIED as to Count 1 of the Complaint and Count 1 of Defendant's Second Amended and Restated Counterclaims and DENIED WITHOUT PREJUDICE as to Count 2 of the Complaint and Count 14 of Defendant's Second Amended and Restated Counterclaims, as set forth herein. Signed by Judge Susie Morgan on 10/29/2018. (jls)
October 25, 2018 395 Opinion or Order of the Court ORDER AND REASONS re 271 MOTION for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods and 279 MOTIO N for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim - For the reasons herein, IT IS ORDERED that Plaintiff the Administrators of th e Tulane Educational Fund is entitled to judgment in its favor and against Defendant Cytogel Pharma, LLC, on Counts 9 and 11-13 of Defendant's Second Amended and Restated Counterclaims. Counterclaim-Defendant Dr. James E. Zadina is entitled to judgment in his favor and against Cytogel Pharma, LLC, on Count 12 of Defendant's Second Amended and Restated Counterclaims. IT IS FURTHER ORDERED that the 74 Motion to Dismiss Counts 8 and 10-13 of Defendant Cytogel Pharma, LLC's First Amended Counterclaims on Prescription Grounds, filed by the Administrators of the Tulane Educational Fund and Dr. Zadina, be and hereby is DENIED as to Counts 8 and 10 of Defendant's Second Amended and Restated Counterclaims and DENIED AS MOOT a s to Counts 11-13 of Defendant's Second Amended and Restated Counterclaims. IT IS FURTHER ORDERED that the 75 Motion to Dismiss Cytogel's First Amended Counterclaims, filed by Tulane and Dr. Zadina pursuant to Rule 12(b)(6)223 of the Fed eral Rules of Civil Procedure, in which the United States joins, be and hereby is DENIED IN PART AS MOOT as to Counts 5-8, Count 9 as against the Administrators of the Tulane Educational Fund, and Counts 10-13. IT IS FURTHER ORDERED that the 301 Motion to Dismiss Counts 1, 8, 9, and 14 of Cytogel's First Amended Counterclaims, filed by the United States, be and hereby is DENIED IN PART AS MOOT as to Count 8. Signed by Judge Susie Morgan. (bwn)
September 20, 2018 298 Opinion or Order of the Court ORDER AND REASONS - IT IS ORDERED that Count 2 of the Complaint of Plaintiffs the Administrators of the Tulane Educational Fund ("Tulane") and the United States and Count 14 of Defendant Cytogel Pharma, LLC's ("Cytogel") Seco nd Amended and Restated Counterclaims be and hereby are DISMISSED WITHOUT PREJUDICE as to U.S. Patent Application No. 14/268,057 ("the '057 Application"), U.S. Patent Application No. 14/845,813 ("the '813 Application"), U.S. Patent Application No. 14/974,249 ("the '249 Application"), and U.S. Patent Application No. 15/450,259 ("the '259 Application"). IT IS FURTHER ORDERED that there be SEPARATE TRIALS in the instant action as follows: (1) the trial currently scheduled to begin on December 3, 2018 will deal with Count 1 of the Complaint and all claims in Cytogel's Second Amended and Restated Counterclaims other than Count 14, and (2) the second trial, to be scheduled at a lat er date, will deal with Count 2 of the Complaint and Count 14 of Cytogel's Second Amended and Restated Counterclaims. IT IS FURTHER ORDERED that the 273 Motion to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel& #039;s Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14) filed by Tulane, Dr. Zadina, and the United States be and hereby is DENIED AS MOOT as to the inventorship of pending patent applications and DENIED WITHOUT PREJUDICE as to Count 2 of the Complaint and Count 14 of Cytogel's Second Amended and Restated Counterclaims. Signed by Judge Susie Morgan. (bwn)
September 17, 2018 297 Opinion or Order of the Court ORDER AND REASONS: IT IS ORDERED that Plaintiff the United States' 76 Motion to Dismiss Counts 10 and 13 of Defendant Cytogel Pharma, LLC's First Amended and Restated Counterclaims be and hereby is GRANTED, as set forth herein. IT IS FURTHER ORDERED that Counts 10 and 13 of Cytogel's 220 Second Amended and Restated Counterclaims as against the United States be and hereby are DISMISSED WITHOUT PREJUDICE. Signed by Judge Susie Morgan on 9/17/2018. (jls)
August 17, 2018 249 Opinion or Order of the Court ORDER AND REASONS: Denying 221 Motion to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories. Signed by Magistrate Judge Janis van Meerveld on 8/17/2018. (ajn)
July 20, 2018 219 Opinion or Order of the Court ORDER AND REASONS granting 195 Motion for Leave to File First Amended and Restated Affirmative Defenses and Second Amended and Restated Counterclaims. Signed by Magistrate Judge Janis van Meerveld on 7/20/2018. (ajn)
April 30, 2018 172 Opinion or Order of the Court ORDER AND REASONS Granting in part and Denying in part 152 Motion to Compel as set forth in document. Signed by Magistrate Judge Janis van Meerveld on 4/30/2018. (ajn)
February 6, 2017 59 Opinion or Order of the Court ORDER AND REASONS granting 31 Motion to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims. Accordingly; IT IS ORDERED that the Government's 12(b)(1) motion with respect to Counterclaims 2, 3 and 8 to 15 against the Government is GRANTED. Counterclaims 2,3 and 8 to 15 against the Government are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Susie Morgan on 2/6/2017. (cg)

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Search for this case: United States, et al v. Cytogel Pharma, LLC
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Defendant: Cytogel Pharma, LLC
Represented By: Eva J. Dossier
Represented By: George Gabriel Gordon
Represented By: Joseph Gribbin
Represented By: Jonathan D. Loeb
Represented By: Bryan C. Reuter
Represented By: Richard C. Stanley
Represented By: Katherine Maeve Wyman
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Plaintiff: Administrators of the Tulane Educational Fund
Represented By: Raymond Gerard Areaux
Represented By: Ian Charles Barras
Represented By: Matthew L. DePreter
Represented By: Alissa Ann Digman
Represented By: Arne M. Olson
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Plaintiff: United States of America
Represented By: Walter W. Brown(Designation Assistant U.S. Attorney)
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Counter_claimant: Cytogel Pharma, LLC
Represented By: Eva J. Dossier
Represented By: George Gabriel Gordon
Represented By: Joseph Gribbin
Represented By: Jonathan D. Loeb
Represented By: Bryan C. Reuter
Represented By: Richard C. Stanley
Represented By: Katherine Maeve Wyman
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Counter_defendant: Administrators of the Tulane Educational Fund
Represented By: Raymond Gerard Areaux
Represented By: Ian Charles Barras
Represented By: Matthew L. DePreter
Represented By: Alissa Ann Digman
Represented By: Arne M. Olson
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Counter_defendant: United States of America
Represented By: Walter W. Brown(Designation Assistant U.S. Attorney)
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Counter_defendant: James E. Zadina
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