BioNTech SE et al v. CureVac AG
| BioNTech SE, BioNTech Manufacturing GmbH and Pfizer, Inc. |
| CureVac AG |
| 1:2022cv11202 |
| July 25, 2022 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Patent |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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| Filing 56 Electronic notice to counsel: This civil action has been transferred to the Eastern District of Virginia and assigned civil case number 2:23-cv-00222. (Danieli, Chris) |
| Filing 55 Case transferred to to District of Eastern District of Virginia;. Original file with documents numbered 1-55, certified copy of transfer order and docket sheet sent to Clerk in that district. (Warnock, Douglas) |
| Filing 54 Judge Nathaniel M. Gorton: ORDER OF TRANSFER entered. (Warnock, Douglas) |
| Filing 53 Judge Nathaniel M. Gorton: MEMORANDUM AND ORDER entered. In accordance with the foregoing, defendant's motion to dismiss for lack of personal jurisdiction in this court (Docket No. #37 ) is DENIED but, pursuant to 28 U.S.C. 1631, the action is hereby TRANSFERRED to the United States District Court for the Eastern District of Virginia for further proceedings. So ordered. (Warnock, Douglas) |
| Filing 52 DECLARATION re #51 Reply to Response to Motion of Mark H. Izraelewicz by CureVac AG. (Attachments: #1 Exhibit A)(Gottfried, Michael) |
| Filing 51 REPLY to Response to #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 filed by CureVac AG. (Gottfried, Michael) |
| Filing 50 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #49 MOTION for Leave to File Reply Brief by CureVac AG; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Warnock, Douglas) |
| Filing 49 MOTION for Leave to File Reply Brief by CureVac AG. (Attachments: #1 Exhibit A)(Gottfried, Michael) |
| Filing 48 DECLARATION re #47 Opposition to Motion BY RAYMOND PARKER III IN SUPPORT OF PLAINTIFFS OPPOSITION TO CUREVAC AGS MOTION TO DISMISS OR TRANSFER, OR, IN THE ALTERNATIVE, REQUEST FOR LIMITED JURISDICTIONAL DISCOVERY by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Robbins, Jeffrey) (Additional attachment(s) added on 12/8/2022: #1 SEALED Exhibit 1, #2 SEALED Exhibit 2, #3 SEALED Exhibit 3, #4 SEALED Exhibit 4, #5 SEALED Exhibit 5, #6 SEALED Exhibit 6, #7 SEALED Exhibit 7, #8 SEALED Exhibit 8, #9 SEALED Exhibit 9, #10 SEALED Exhibit 10, #11 SEALED Exhibit 11, #12 SEALED Exhibit 12, #13 SEALED Exhibit 13, #14 SEALED Exhibit 14, #15 SEALED Exhibit 15, #16 SEALED Exhibit 16, #17 SEALED Exhibit 17, #18 SEALED Exhibit 18, #19 SEALED Exhibit 19, #20 SEALED Exhibit 20, #21 SEALED Exhibit 21, #22 SEALED Exhibit 22, #23 SEALED Exhibit 23, #24 SEALED Exhibit 24, #25 SEALED Exhibit 25, #26 SEALED Exhibit 26, #27 SEALED Exhibit 27, #28 SEALED Exhibit 28, #29 SEALED Exhibit 29, #30 SEALED Exhibit 30, #31 SEALED Exhibit 31) (Warnock, Douglas). |
| Filing 47 Opposition re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 filed by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Robbins, Jeffrey) |
| Filing 46 DECLARATION OF ALEXANDER C. PLUSHANSKI IN SUPPORT OF PLAINTIFFS OPPOSITION TO CUREVAC AGS MOTION TO DISMISS OR TRANSFER, OR, IN THE ALTERNATIVE, REQUEST FOR LIMITED JURISDICTIONAL DISCOVERY by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit 1 - Excerpts from the file history of U.S. Patent Application No. 15/534,496, #2 Exhibit 2 - 11/15/2011 Press Release, #3 Exhibit 3 - 3/15/2019 Sponsored Research Agreement, #4 Exhibit 4 - 11/18/2021 Article, #5 Exhibit 5 - 1/1/2018 Development and Option Agreement)(Robbins, Jeffrey) |
| Filing 45 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #44 Assented to MOTION for Leave to File Exhibits Under Seal by BioNTech Manufacturing GmbH, BioNTech SE; Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Warnock, Douglas) |
| Filing 44 Assented to MOTION for Leave to File Exhibits Under Seal by BioNTech Manufacturing GmbH, BioNTech SE.(Robbins, Jeffrey) |
| Filing 43 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #42 Assented to MOTION for Extension of Time to December 5, 2022 to File Response/Reply December 5, 2022, #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 Responses due by 12/5/2022 (Lima, Christine) |
| Filing 42 Assented to MOTION for Extension of Time to December 5, 2022 to File Response/Reply December 5, 2022 by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc..(Robbins, Jeffrey) |
| Filing 41 AFFIDAVIT in Support re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 . (Gottfried, Michael) |
| Filing 40 AFFIDAVIT in Support re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 . (Gottfried, Michael) |
| Filing 39 AFFIDAVIT in Support re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 . (Gottfried, Michael) |
| Filing 38 MEMORANDUM OF LAW by CureVac AG to #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631. (Gottfried, Michael) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 by CureVac AG.(Gottfried, Michael) |
| Filing 36 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #35 Motion for Leave to Appear Pro Hac Vice Added Mark Izraelewicz. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) |
| Filing 35 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Mark Izraelewicz Filing fee: $ 100, receipt number AMADC-9514977 by CureVac AG. (Attachments: #1 Affidavit)(Gottfried, Michael) |
| Filing 34 NOTICE of Appearance by Brian W Frino on behalf of Pfizer, Inc. (Frino, Brian) |
| Filing 33 NOTICE of Appearance by Jennifer Liu on behalf of Pfizer, Inc. (Liu, Jennifer) |
| Filing 32 NOTICE of Appearance by Heather Schneider on behalf of Pfizer, Inc. (Schneider, Heather) |
| Filing 31 NOTICE of Appearance by Michael W. Johnson on behalf of Pfizer, Inc. (Johnson, Michael) |
| Filing 30 NOTICE of Appearance by Sara Horton on behalf of Pfizer, Inc. (Horton, Sara) |
| Filing 29 NOTICE of Appearance by Thomas J. Meloro on behalf of Pfizer, Inc. (Meloro, Thomas) |
| Filing 28 NOTICE of Appearance by Merri C. Moken on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Moken, Merri) |
| Filing 27 NOTICE of Appearance by Alexander Plushanski on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Plushanski, Alexander) |
| Filing 26 NOTICE of Appearance by Mi Zhou on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Zhou, Mi) |
| Filing 25 NOTICE of Appearance by Michael F. Werno on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Werno, Michael) |
| Filing 24 NOTICE of Appearance by Young J. Park on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Park, Young) |
| Filing 23 NOTICE of Appearance by Eric W. Dittmann on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Dittmann, Eric) |
| Filing 22 NOTICE of Appearance by Bruce M Wexler on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Wexler, Bruce) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by CureVac AG identifying Corporate Parent CureVac N.V. for CureVac AG.. (Gottfried, Michael) |
| Filing 20 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #19 Motion for Leave to Appear Pro Hac Vice Added Thomas J. Meloro, Sara Tonnies Horton, Michael W. Johnson, Heather M. Schneider, Jennifer Liu, and Brian W. Frino. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) |
| Filing 19 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Thomas J. Merloro, Sara Tonnies Horton, Michael W. Johnson, Heather M. Schneider, Jennifer Liu, Brian W. Frino Filing fee: $ 600, receipt number AMADC-9452331 by Pfizer, Inc.. (Attachments: #1 Exhibit A - SIGNED Thomas J. Meloro Pro Hac Certification, #2 Exhibit B - SIGNED Sara Tonnies Horton Pro Hac Certification, #3 Exhibit C - SIGNED Michael W. Johnson Pro Hac Certification, #4 Exhibit D - SIGNED Heather M. Schneider Pro Hac Certification, #5 Exhibit E - SIGNED Jennifer Liu Pro Hac Certification, #6 Exhibit F - SIGNED Brian W. Frino Pro Hac Certification)(Robbins, Jeffrey) |
| Filing 18 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #16 Motion for Leave to Appear Pro Hac Vice Added Alexander C. Plushanski. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) |
| Filing 17 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #15 Motion for Leave to Appear Pro Hac Vice Added Bruce M. Wexler, Eric W. Dittmann, Young J. Park, Merri C. Moken, Mi Zhou, and Michael F. Werno. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) |
| Filing 16 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Alexander C. Plushanski Filing fee: $ 100, receipt number AMADC-9446063 by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit A - Plushanski, Alexander Pro Hac Certification)(Robbins, Jeffrey) |
| Filing 15 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Bruce Wexler, Eric Dittmann, Young Park, Merri Moken, Mi Zhou, Michael Werno Filing fee: $ 600, receipt number AMADC-9446020 by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit A - Wexler, Bruce Pro Hac Certification, #2 Exhibit B - Dittmann, Eric Pro Hac Certification, #3 Exhibit C - Park, Young Pro Hac Certification, #4 Exhibit D - Moken, Merri Pro Hac Certification, #5 Exhibit E - Zhou, Mi Pro Hac Certification, #6 Exhibit F - Werno, Michael Pro Hac Certification)(Robbins, Jeffrey) |
| Filing 14 ELECTRONIC NOTICE of Case RE-Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 13 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Robbins, Jeffrey) |
| Filing 12 NOTICE of Appearance by Michael R. Gottfried on behalf of CureVac AG (Gottfried, Michael) |
| Filing 11 NOTICE of Appearance by Joseph D. Lipchitz on behalf of BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc. (Lipchitz, Joseph) |
| Filing 10 NOTICE of Appearance by Gregory M. Boucher on behalf of BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc. (Boucher, Gregory) |
| Filing 9 WAIVER OF SERVICE Returned Executed by BioNTech SE, Pfizer, Inc., BioNTech Manufacturing GmbH. CureVac AG waiver sent on 7/29/2022, answer due 10/27/2022. (Robbins, Jeffrey) |
| Filing 8 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Robbins, Jeffrey) |
| Filing 7 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Robbins, Jeffrey) |
| Filing 6 Summons Issued as to CureVac AG. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 4 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Report on Filing or Determination Re: Patent or Trademark AO 120. The form can be found on the court's website under Resources/Forms/Local Forms. Counsel will use the event under Other Documents - Report on the filing of patent/trademark case. (de Oliveira, Flaviana) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by BioNTech Manufacturing GmbH, BioNTech SE identifying Corporate Parent BioNTech SE for BioNTech SE.. (Robbins, Jeffrey) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Pfizer, Inc.. (Robbins, Jeffrey) |
| Filing 1 COMPLAINT with Jury Demand against CureVac AG Filing fee: $ 402, receipt number BMADC-9426777 (Fee Status: Filing Fee paid), filed by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Civil Cover Sheet, #24 Category Sheet)(Robbins, Jeffrey) |
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