ModernaTX, Inc. et al v. Pfizer Inc. et al
| ModernaTX, Inc. and Moderna US, Inc. |
| Pfizer Inc., BioNTech SE, BioNTech Manufacturing GmbH and BioNTech US Inc. |
| 1:2022cv11378 |
| August 26, 2022 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Richard G Stearns |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 240 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 235 Motion to Stay.Defendants move to stay this case pending resolution of two inter partes review (IPR) proceedings recently instituted by the Patent Trial and Appeal Board (PTAB). After careful consideration of the parties' briefing, the court will allow the motion."Courts customarily consider three factors in determining whether to stay an action pending [IPR]: 1) the stage of the litigation, including whether discovery is complete and a trial date has been set, 2) whether a stay will simplify the issues and 3) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving party." Mizuho Orthopedic Sys., Inc. v. Allen Med. Sys., Inc., 610 F. Supp. 3d 362, 365 (D. Mass. 2022). Here, as explained below, on balance these factors weigh in favor of entering a stay in this case.Stage of the Litigation: The first factor weighs against a stay, although only just. "[S]ubstantial progress has been made in this action on several fronts." Id. at 365-366. A Markman order has already issued, for example, and fact discovery closed several months ago. A significant amount of work, however, remains to be done before any trial may occur, including resolution of dispositive and Daubert motions. See ACQIS, LLC v. EMC Corp., 109 F. Supp. 3d 352, 357 (D. Mass. 2015).Simplification: The second factor weighs slightly in favor of a stay. While it is true, as Moderna notes, that one of the asserted patents is not encompassed by the IPR proceedings, the outcome of those proceedings will nonetheless simplify the issues in this case. See Serv. Solutions U.S., LLC v. Autel.US Inc., 2015 WL 401009, at *3 (E.D. Mich. Jan. 28, 2015) ("[T]he Court is not convinced that a stay is inappropriate merely because only one patent is under review. Though a stay would have greater potential to simplify the issues if all seven patents were involved in the IPR proceeding, this does not mean that a more limited review would not help simplify the case."). If the PTAB was to cancel the '600 or '127 patents (or any subset of claims therein), for example, there would be no need to litigate infringement with respect to these claims. And if the PTAB was instead to uphold the claims, Pfizer and BioNTech would be estopped from raising any invalidity arguments which could have been presented in the IPR (as they themselves acknowledge, see Mem. in Supp. of Mot. to Stay [Dkt # 236] at 11).Prejudice: The third factor weighs in favor of a stay. Moderna seeks only monetary damages. And although the parties are direct competitors, it is not clear to the court how continuing competition in the market during the pendency of the IPR will cause Moderna any harm. As for Moderna's degradation of evidence argument, because fact discovery and depositions have already been completed, the court is not convinced that any delay will prejudice Moderna's ability to present evidence at trial. Even if, as Moderna posits, a witness was to forget the relevant events or refuse to appear despite a court order, Moderna presumably could seek to enter their deposition testimony into evidence.During the pendency of the stay, the parties shall file status reports with the court every 90 days, beginning on August 1, 2024. (RGS, law3) |
| Judge Richard G. Stearns: ORDER entered. Case stayed. (McManus, Caetlin) |
| Filing 239 NOTICE of Appearance by Jeffrey Ho on behalf of Pfizer Inc. (Ho, Jeffrey) |
| Filing 238 MEMORANDUM in Opposition re 235 MOTION to Stay PENDING FINAL DETERMINATION OF INSTITUTED IPRS filed by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Declaration of Annaleigh E. Curtis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit E, # 6 Exhibit F)(Prussia, Kevin) |
| Filing 237 DECLARATION re 235 MOTION to Stay PENDING FINAL DETERMINATION OF INSTITUTED IPRS, 236 Memorandum in Support of Motion by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Boucher, Gregory) |
| Filing 236 MEMORANDUM in Support re 235 MOTION to Stay PENDING FINAL DETERMINATION OF INSTITUTED IPRS filed by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Boucher, Gregory) |
| Filing 235 MOTION to Stay PENDING FINAL DETERMINATION OF INSTITUTED IPRS by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Boucher, Gregory) |
| Filing 234 NOTICE by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Attachments: # 1 Exhibit Exhibit 1 to Defendants' Notice of Related Actions, # 2 Exhibit Exhibit 2 to Defendants' Notice of Related Actions)(Boucher, Gregory) |
| Filing 233 NOTICE of Withdrawal of Appearance by Derrick Anderson (Anderson, Derrick) |
| Filing 232 Judge Richard G. Stearns: ORDER entered re [Dkt. 223]. Redacted Order on Moderna's Motion to Compel Production of Documents. (Pacho, Arnold) |
| Filing 231 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 226 Motion to Seal or Redact portions of Motions to Compel, Oppositions, and Exhibits; granting 228 Motion to Seal or Redact materials filed in connection with parties' Motions to Compel. (Pacho, Arnold) |
| Filing 230 DECLARATION re 228 MOTION to Seal OF MICHAEL XUN LIU IN SUPPORT OF DEFENDANTS MOTION TO FILE UNDER SEAL OR REDACTED MATERIALS FILED IN CONNECTION WITH PARTIES MOTIONS TO COMPEL PRODUCTION OF ALLEGEDLY PRIVILEGED DOCUMENTS, AND OPPOSITIONS THERETO by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Boucher, Gregory) |
| Filing 229 DECLARATION of Karthik R. Kasaraneni by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Boucher, Gregory) |
| Filing 228 MOTION to Seal by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Boucher, Gregory) |
| Filing 227 DECLARATION of Annaleigh E. Curtis in Support of 226 by Moderna US, Inc., ModernaTX, 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 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72)(Prussia, Kevin) |
| Filing 226 MOTION to Seal or Redact Portions of Motions to Compel Oppositions, and Exhibits by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 225 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 221 Motion. Because the court's summary judgment decision may significantly impact the scope (and expected length) of any trial, it is the court's usual practice to wait until after it has ruled on the parties' dispositive motions to schedule trial. The court accordingly declines to set a trial date at this juncture. The parties are cautioned, however, that the court expects to hold a trial in compliance with the timeline set forth by L.R. 16.6 and that they should be prepared to litigate this case in the fall or early winter of 2024. (RGS, law3) |
| Filing 222 RESPONSE to Motion re 221 MOTION Requesting a Status Conference filed by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Boucher, Gregory) |
| Filing 221 MOTION Requesting a Status Conference by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 219 DECLARATION of Claire M. Specht in Support of ModernaTX, Inc.'s and Moderna US, Inc.'s Opposition to Defendants' Motion to Compel Production of Privileged Documents by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Specht, Claire) (Additional attachment(s) added on 2/5/2024: # 4 Exhibit 4 (Filed Under Seal), # 5 Exhibit 5 (Filed Under Seal), # 6 Exhibit 6 (Filed Under Seal)) (Pacho, Arnold). |
| Filing 216 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 215 Motion to Seal. Plaintiffs may preliminarily file their opposition and exhibits under seal. Within fourteen days of the court's ruling on the merits of the motion, however, the parties must file a motion articulating "compelling reasons" for sealing any portion of the memorandum and accompanying documents. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 215 MOTION to Seal Opposition to Defendants' Motion to Compel Production of Privileged Documents and Exhibits Thereto (Unopposed) by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 214 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 213 Motion to Seal. Defendants may preliminarily file their opposition, declaration, and exhibits under seal. Within fourteen days of the court's ruling on the merits of the motion, however, the parties must file a motion articulating "compelling reasons" for sealing any portion of the memorandum and accompanying documents. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 213 MOTION to Seal BIONTECHS OPPOSITION AND RELATED DOCUMENTS TO MODERNAS MOTION TO COMPEL PRODUCTION OF DOCUMENTS OVER WHICH BIONTECH HAS ASSERTED PRIVILEGE by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc..(Boucher, Gregory) |
| Filing 212 Judge Richard G. Stearns: ELECTRONIC ORDER entered re 205 Motion to Compel, 209 Motion to Compel. The parties shall produce the relevant withheld documents for in camera review at the time any opposition is filed. (RGS, law3) |
| Filing 208 NOTICE by Moderna US, Inc., ModernaTX, Inc. of Motion to Compel Document Production From Katalin Kariko (Prussia, Kevin) |
| Filing 204 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 203 Motion to Seal Motion to Compel Production of Documents and Information Improperly Withheld. Defendants may preliminarily file their memorandum, declaration, and exhibits under seal. Within fourteen days of the court's ruling on the merits of the motion, however, the parties must file a motion articulating "compelling reasons" for sealing any portion of the memorandum and accompanying documents. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 203 MOTION to Seal MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INFORMATION IMPROPERLY WITHHELD FOR PRIVILEGE AND SUPPORTING DOCUMENTS by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Boucher, Gregory) |
| Filing 202 NOTICE of Appearance by Chaloea M. Williams on behalf of Pfizer Inc. (Williams, Chaloea) |
| Filing 201 NOTICE by Moderna US, Inc., ModernaTX, Inc. of Withdrawal re 197 Motion to Seal (Wigmore, Amy) |
| Filing 200 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 199 Motion to Seal Memorandum in Support of Motion to Compel Production of Documents. Plaintiffs may preliminarily file their memorandum and accompanying exhibits under seal. Within fourteen days of the court's ruling on the merits of the motion, however, the parties must file a motion articulating "compelling reasons" for sealing the referenced exhibits and corresponding portions of the memorandum. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 199 MOTION to Seal Memorandum in Support of Motion to Compel Production of Documents by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 198 Judge Richard G. Stearns: ELECTRONIC ORDER entered preliminarily granting 197 Motion to Seal Motion for Protective Order and for Costs and Attorney's Fees, subject to review of the parties' proposed redactions. (Pacho, Arnold) |
| Filing 197 MOTION to Seal Motion for Protective Order and for Costs and Attorney's Fees by Moderna US, Inc., ModernaTX, Inc..(Wigmore, Amy) |
| Filing 196 NOTICE of Appearance by Nora N. Xu on behalf of Moderna US, Inc., ModernaTX, Inc. (Xu, Nora) |
| Filing 195 NOTICE of Appearance by Reshma R. Gogineni on behalf of Moderna US, Inc., ModernaTX, Inc. (Gogineni, Reshma) |
| Filing 194 NOTICE of Appearance by Robert Hartsmith on behalf of Pfizer Inc. (Hartsmith, Robert) |
| Filing 193 NOTICE of Appearance by Ayelet M. Evrony on behalf of Pfizer Inc. (Evrony, Ayelet) |
| Filing 192 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 172 Motion for Leave to Supplement Infringement Contentions. (RGS, law3) |
| Filing 191 RESPONSE to Motion re 172 MOTION for Leave to Supplement Plaintiffs' Infringement Contentions Defendants' Statement of Non-Opposition to Plaintiffs' Motion for Leave to Supplement Infringement Contentions filed by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Proctor, Wyley) |
| Filing 190 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 189 Motion for Leave to Appear Pro Hac Vice for Ayelet M. Evrony. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 189 MOTION for Leave to Appear Pro Hac Vice for admission of Ayelet M. Evrony Filing fee: $ 125, receipt number AMADC-10194044 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 188 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 186 Motion for Leave to Appear Pro Hac Vice for Reshma Gogineni. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) |
| Filing 187 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 185 Motion for Leave to Appear Pro Hac Vice for Nora Xu. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 186 MOTION for Leave to Appear Pro Hac Vice for admission of Reshma Gogineni Filing fee: $ 125, receipt number AMADC-10190312 by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Certification of Reshma Gogineni in Support)(Prussia, Kevin) |
| Filing 185 MOTION for Leave to Appear Pro Hac Vice for admission of Nora Xu Filing fee: $ 125, receipt number AMADC-10190309 by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Certification of Nora Xu in Support)(Prussia, Kevin) |
| Filing 184 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 183 Motion for Leave to Appear Pro Hac Vice Added Robert F. Hartsmith. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Currie, Haley) |
| Filing 183 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Robert F. Hartsmith Filing fee: $ 125, receipt number BMADC-10185442 by Pfizer Inc.. (Attachments: # 1 Affidavit Robert F. Hartsmith)(Bromberg, Lee) |
| Filing 182 Withdrawal of motion: 179 Emergency MOTION to Compel Production of Documents or Postpone Deposition filed by BioNTech US Inc., BioNTech Manufacturing GmbH, Pfizer Inc., BioNTech SE.. (Boucher, Gregory) |
| Filing 181 Judge Richard G. Stearns: ELECTRONIC ORDER entered re 179 Emergency Motion to Compel. Any opposition to defendants' emergency motion to compel is due by 9am on Monday, December 18, 2022. (RGS, law3) |
| Filing 180 DECLARATION re 179 Emergency MOTION to Compel Production of Documents or Postpone Deposition by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boucher, Gregory) |
| Filing 179 Emergency MOTION to Compel Production of Documents or Postpone Deposition by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Boucher, Gregory) |
| Filing 178 NOTICE of Appearance by Douglas L. Sawyer on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Sawyer, Douglas) |
| Filing 177 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 175 Motion to Seal. Plaintiffs may preliminarily file their motion to compel under seal. Within fourteen days of the court's ruling on the merits of the motion, however, defendants must file a motion (1) articulating "compelling reasons" for sealing certain portions of the briefing and/or the court's order; and (2) proposing specific redactions. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 176 NOTICE by Moderna US, Inc., ModernaTX, Inc. of Motion to Compel Documents and Testimony from University of Pennsylvania, Drew Weissman, and Norbert Pardi (Prussia, Kevin) |
| Filing 175 MOTION to Seal Document Exhibits 9-15 re 174 Declaration by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 174 DECLARATION re 172 MOTION for Leave to Supplement Plaintiffs' Infringement Contentions in Support by Moderna US, Inc., ModernaTX, 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)(Prussia, Kevin) |
| Filing 173 MEMORANDUM in Support re 172 MOTION for Leave to Supplement Plaintiffs' Infringement Contentions filed by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 172 MOTION for Leave to Supplement Plaintiffs' Infringement Contentions by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 171 NOTICE of Appearance by Krystina L. Ho on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Ho, Krystina) |
| Filing 170 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 168 Motion for Leave to Appear Pro Hac Vice of Douglas Sawyer. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) |
| Filing 169 NOTICE of Appearance by Derek J. Turnbull on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Turnbull, Derek) |
| Filing 168 MOTION for Leave to Appear Pro Hac Vice for admission of DOUG SAWYER Filing fee: $ 125, receipt number AMADC-10170245 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Attachments: # 1 Exhibit EXHIBIT A - CERTIFICATION OF DOUG SAWYER)(Boucher, Gregory) |
| Filing 167 NOTICE of Appearance by Stephen B. Kinnaird on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Kinnaird, Stephen) |
| Filing 166 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 165 Motion for Leave to Appear Pro Hac Vice of Krystina Ho and Derek J. Turnbull. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 165 MOTION for Leave to Appear Pro Hac Vice for admission of KRYSTINA HO AND DEREK J. TURNBULL Filing fee: $ 250, receipt number AMADC-10153556 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Attachments: # 1 Exhibit A - CERTIFICATION OF KRYSTINA HO, # 2 Exhibit B - CERTIFICATION OF DEREK J. TURNBULL)(Boucher, Gregory) |
| Filing 164 NOTICE of Appearance by Brian Shin on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Shin, Brian) |
| Filing 163 NOTICE of Appearance by Joseph J. Mueller on behalf of Moderna US, Inc., ModernaTX, Inc. (Mueller, Joseph) |
| Filing 162 NOTICE of Appearance by Claire M. Specht on behalf of Moderna US, Inc., ModernaTX, Inc. (Specht, Claire) |
| Filing 161 NOTICE of Appearance by Gabrielle Marie Landes on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Landes, Gabrielle) |
| Filing 160 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 158 Motion to Seal Exhibit B to Defendants' Reply in Support of Motion for Leave to Amend. (Pacho, Arnold) |
| Filing 159 DECLARATION re 158 MOTION to Seal Exhibit B to Defendants' Reply in Support of Motion for Leave to Amend by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 158 MOTION to Seal Exhibit B to Defendants' Reply in Support of Motion for Leave to Amend by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 157 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 152 Motion to Compel. Defendant Pfizer Inc. shall produce the December 2021 license within fourteen (14) days of this Order. (RGS, law3) |
| Filing 156 RESPONSE to Motion re 152 MOTION to Compel Defendant Pfizer's Production of Third-Party Patent License Agreement filed by Pfizer Inc.. (Proctor, Wyley) |
| Filing 155 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 151 Motion for Leave to Appear Pro Hac Vice. Added Dr. Gabrielle Landes and Brian Shin. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 154 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 149 Motion for Leave to Appear Pro Hac Vice. Added Stephen B. Kinnaird. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 153 DECLARATION re 152 MOTION to Compel Defendant Pfizer's Production of Third-Party Patent License Agreement by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 152 MOTION to Compel Defendant Pfizer's Production of Third-Party Patent License Agreement by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Email from Michael Liu, # 3 Text of Proposed Order)(Prussia, Kevin) |
| Filing 151 MOTION for Leave to Appear Pro Hac Vice for admission of DR. GABRIELLE LANDES AND BRIAN SHIN Filing fee: $ 250, receipt number AMADC-10140061 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Attachments: # 1 Exhibit Exhibit A - CERTIFICATION OF DR. GABRIELLE LANDES, # 2 Exhibit Exhibit B - CERTIFICATION OF BRIAN SHIN)(Boucher, Gregory) |
| Filing 150 NOTICE of Appearance by Scott Frederick Peachman on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Peachman, Scott) |
| Filing 149 MOTION for Leave to Appear Pro Hac Vice for admission of STEPHEN B. KINNAIRD Filing fee: $ 125, receipt number AMADC-10138922 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Attachments: # 1 Exhibit Exhibit A - CERTIFICATION OF STEPHEN B. KINNAIRD)(Boucher, Gregory) |
| Filing 148 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 134 Motion for Leave to File Document.The court will deny the motion for leave to amend. Although Pfizer and BioNTech aver that they "have not unduly delayed in presenting their unilateral-contract defense," Mot. [Dkt # 135] at 4, the factual and legal basis for defense appears to have been available to them when they filed their original answer in December of 2022 (the only allegedly new information they identify is an internal document "acknowledging" that Moderna received benefits from its pledge, Reply [Dkt #145] at 1, but it is not clear why the defense would have been unavailable to them prior to receiving this acknowledgement), and they offer no reasonable explanation for their choice to wait until less than two months before the close of fact discovery to file this motion. "Appreciable delay alone, in the absence of good reason for it, is enough to justify denying a motion for leave to amend." Calderon-Serra v. Wilmington Tr. Co., 715 F.3d 14, 20 (1st Cir. 2013). (RGS, law3) |
| Filing 147 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 146 Motion for Leave to Appear Pro Hac Vice. Added Karthik R. Kasaraneni. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 146 MOTION for Leave to Appear Pro Hac Vice for admission of KARTHIK R. KASARANENI Filing fee: $ 125, receipt number AMADC-10124253 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Attachments: # 1 Exhibit A - CERTIFICATION OF KARTHIK R. KASARANENI)(Boucher, Gregory) |
| Filing 145 REPLY to Response to 134 MOTION for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims filed by BioNTech US Inc., Pfizer Inc.. (Pacho, Arnold) (Additional attachment(s) added on 11/8/2023: # 1 Exhibit A, # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C) (Pacho, Arnold). |
| Filing 144 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 143 Assented to Motion to Seal Material in connection with Reply in support of Motion for Leave to Amend Answer, Affirmative Defenses, and Counterclaims. Defendants may preliminarily file the exhibit under seal. Within fourteen days of the court's ruling on the merits of the motion, however, plaintiffs must file a motion articulating "compelling reasons" for sealing the exhibit. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 143 Assented to MOTION to Seal Document in connection with Reply in support of Motion for Leave to Amend Answer, Affirmative Defenses, and Counterclaims by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Proctor, Wyley) |
| Filing 142 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 141 Assented to Motion for Leave to Appear Pro Hac Vice. Added Michael J. Mestitz. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 141 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Mestitz Filing fee: $ 125, receipt number AMADC-10120350 by Pfizer Inc.. (Attachments: # 1 Affidavit Michael J. Mestitz)(Bromberg, Lee) |
| Filing 140 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 139 Motion for Leave to File Document. Defendants may file a reply brief of no more than four pages by November 7, 2023. (RGS, law3) |
| Filing 139 MOTION for Leave to File REPLY BRIEF IN SUPPORT OF MOTION FOR LEAVE TO AMEND ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Boucher, Gregory) |
| Filing 138 DECLARATION re 137 Memorandum in Opposition to Motion by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Prussia, Kevin) |
| Filing 137 MEMORANDUM in Opposition re 134 MOTION for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims filed by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 136 NOTICE of Appearance by Adam Joshua Podoll on behalf of Pfizer Inc. (Podoll, Adam) |
| Filing 135 MEMORANDUM in Support re 134 MOTION for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims filed by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Proctor, Wyley) |
| Filing 134 MOTION for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Proctor, Wyley) |
| Filing 133 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 132 Motion for Leave to Appear Pro Hac Vice. Added A. Joshua Podoll. 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 132 MOTION for Leave to Appear Pro Hac Vice for admission of A. Joshua Podoll Filing fee: $ 125, receipt number AMADC-10083127 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 131 DECLARATION of Wyley S. Proctor Pursuant to October 2, 2023 Court Order by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2 (Redacted), # 3 Exhibit 12, # 4 Exhibit 13 (Redacted))(Proctor, Wyley) |
| Filing 130 NOTICE of Appearance by Alexander T. Hornat on behalf of Pfizer Inc. (Hornat, Alexander) |
| Filing 128 DECLARATION re 127 MOTION to Seal by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2 (Redacted), # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8 (Redacted), # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11 (Redacted), # 12 Exhibit 12 (Redacted), # 13 Exhibit 13 (Redacted), # 14 Exhibit 14 (Under Seal), # 15 Exhibit 15 (Under Seal), # 16 Exhibit 16 (Under Seal), # 17 Exhibit 17 (Under Seal), # 18 Exhibit 18 (Redacted), # 19 Exhibit 19 (Under Seal), # 20 Exhibit 20 (Under Seal), # 21 Exhibit 21 (Redacted))(Proctor, Wyley) |
| Filing 127 MOTION to Seal by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Attachments: # 1 Chau Declaration, # 2 Park Declaration)(Proctor, Wyley) |
| Filing 126 DECLARATION re 125 MOTION to Seal or Redact Portions of Defendants' Opposition to Motion to Compel and Exhibits Thereto by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prussia, Kevin) |
| Filing 125 MOTION to Seal or Redact Portions of Defendants' Opposition to Motion to Compel and Exhibits Thereto by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 124 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) |
| Filing 123 Transcript of Hearing re: Claim Construction Hearing held on July 27, 2023, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jamesgibbonsrpr@gmail.com. Redaction Request due 10/10/2023. Redacted Transcript Deadline set for 10/20/2023. Release of Transcript Restriction set for 12/18/2023. (McDonagh, Christina) |
| Filing 122 Judge Richard G. Stearns: ORDER entered granting 116 Motion to Compel. The court will allow the motion to compel. Within fourteen (14) days of this Order, defendants shall supplement their responses to Interrogatory 7 to specifically describe their knowledge of Moderna's work in the mRNA vaccine sphere, including usage of 1-methylpseudouridine. If defendants had nothing more than mere awareness of Moderna and the nature of its business (e.g., if they did not have any further knowledge about the details of Moderna's work or its usage of 1-methylpseudouridine in developing an mRNA vaccine), they may state so in their responses. Defendants shall also, at the same time, supplement their responses to Interrogatory 8 to identify the date on which they first became aware of patents or applications related to the Patents-in-Suit. (RGS, law3) |
| Filing 121 Opposition re 116 MOTION to Compel Responses to Interrogatory Nos. 7 and 8 filed by BioNTech SE, BioNTech US Inc., 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) (Pacho, Arnold) Modified on 9/15/2023 to seal certain exhibits. (Pacho, Arnold). |
| Filing 120 Judge Richard G. Stearns: ELECTRONIC ORDER entered preliminarily granting 119 Unopposed Motion for Leave to File Under Seal Opposition to Moderna's Motion to Compel, subject to the same proviso laid out by the court in Dkt. # 115. (Pacho, Arnold) |
| Filing 119 MOTION to Seal UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL OPPOSITION TO MODERNA'S MOTION TO COMPEL RESPONSES TO INTERROGATORY NOS. 7 AND 8 by Pfizer Inc..(Proctor, Wyley) |
| Filing 118 DECLARATION of Kevin S. Prussia in Support of 116 MOTION to Compel by Moderna US, Inc., ModernaTX, Inc.. (Pacho, Arnold) Modified on 9/6/2023 to unseal entry. (Pacho, Arnold). |
| Filing 117 MEMORANDUM in Support re 116 MOTION to Compel filed by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhbit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U) (Pacho, Arnold) Modified on 9/6/2023 to unseal entry, except memorandum and certain exhibits. (Pacho, Arnold). |
| Filing 116 MOTION to Compel Responses to Interrogatory Nos. 7 and 8 by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Text of Proposed Order) (Pacho, Arnold) Modified on 9/6/2023 to unseal entry. (Pacho, Arnold). |
| Filing 115 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part 114 Motion to Seal Memorandum in Support of Its Motion to Compel, Parties' Answers to Interrogatories, and Correspondence Citing Same. Plaintiffs may preliminarily file their motion to compel under seal. Within fourteen days of the court's ruling on the merits of the motion, however, defendants must file a motion (1) articulating "compelling reasons" for sealing certain portions of the briefing and/or the court's order; and (2) proposing specific redactions. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 114 MOTION to Seal Memorandum in Support of Its Motion to Compel, Parties' Answers to Interrogatories, and Corresponding Citing Same by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 113 DECLARATION in Support of 110 Motion for Leave to Supplement Plaintiffs' Infringement Contentions by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Prussia, Kevin) |
| Filing 112 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 110 Motion for Leave to Supplement Infringement Contentions. (RGS, law3) |
| Filing 111 MEMORANDUM in Support re 110 MOTION for Leave to Supplement Plaintiffs' Infringement Contentions filed by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 110 MOTION for Leave to Supplement Plaintiffs' Infringement Contentions by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 109 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 106 Motion to Seal Exhibit Accompanying Motion to Compel. (Pacho, Arnold) |
| Filing 108 DECLARATION re 101 Order on Motion to Compel,,,, by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A)(Prussia, Kevin) |
| Filing 107 DECLARATION re 106 MOTION to Seal Exhibits Accompanying Motion to Compel by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A)(Prussia, Kevin) |
| Filing 106 MOTION to Seal Exhibits Accompanying Motion to Compel by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 105 Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER construing claims. The claim terms at issue will be construed for the jury and for all other purposes in the pending litigation in a manner consistent with the rulings of the court.(RGS, law3) |
| Filing 104 Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Claim Construction Hearing held on 7/27/2023. Court hears argument from the parties re claim construction; Court takes the matter under advisement. (Court Reporter: James Gibbons at jamesgibbonsrpr@gmail.com.)(Attorneys present: Laupheimer, Prussia, Wismore, Lee for plaintiffs; Selby, Wexler, Dittman, Liu for defendants) (Maynard, Timothy) |
| Filing 103 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 102 Motion for Leave to Appear Pro Hac Vice. Added Ashley N. Mays-Williams. 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. You must put the docket number on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 102 MOTION for Leave to Appear Pro Hac Vice for admission of Ashley N. Mays-Williams Filing fee: $ 125, receipt number AMADC-9957937 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Attachments: # 1 Exhibit A)(Boucher, Gregory) |
| Filing 101 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 91 Motion to Compel. The court denies the motion as to Interrogatory Nos. 2 and 4. As Moderna notes, defendants appear to dispute the merits of Moderna's responses to these interrogatories rather than their sufficiency. The court will, however, allow the motion in part as to Interrogatory Nos. 1 and 7. Specifically, with respect to Interrogatory No. 1, Moderna shall specify the priority and written description support on a claim-by-claim basis (although it need not be in chart form, and some of the citations may be repetitive across claims) in accordance with the reference to "each Asserted Claim." And with respect to Interrogatory No. 7, Moderna shall supplement its response to incorporate the citations referenced in footnote 5, which technically are "publications disclosing" the "full mRNA sequence of Spikevax."Moderna shall fill its supplementary responses within fourteen (14) days of the date of this Order. (RGS, law3) |
| Filing 100 DECLARATION re 99 Memorandum in Opposition to Motion by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Prussia, Kevin) |
| Filing 99 MEMORANDUM in Opposition re 87 Assented to MOTION to Seal filed by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 98 NOTICE OF MANUAL FILING by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc. of Defendants' Technology Tutorial (Attachments: # 1 Defendants' Technology Tutorial)(Proctor, Wyley) |
| Filing 97 NOTICE OF MANUAL FILING by Moderna US, Inc., ModernaTX, Inc. regarding Claim Construction Tutorial (Attachments: # 1 Claim Construction Tutorial)(Prussia, Kevin) |
| Filing 96 Reply to Preliminary Claim Construction Briefs by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Exhibit Q, # 4 Exhibit R, # 5 Exhibit S)(Bromberg, Lee) |
| Filing 95 DECLARATION re 94 Reply to Preliminary Claim Construction Briefs by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Prussia, Kevin) |
| Filing 94 Reply to Preliminary Claim Construction Briefs by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 90 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part 87 Motion to Seal. Defendants may preliminarily file their motion to compel under seal. Within fourteen days of the court's ruling on the merits of the motion, however, plaintiffs must file a motion (1) articulating "compelling reasons" for sealing certain portions of the briefing and/or the court's order; and (2) proposing specific redactions. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); see also United States v. Depuy Orthopaedics, Inc., 69 F.4th 1, 15-16 (1st Cir. 2023). (Pacho, Arnold) |
| Filing 89 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 88 Motion for Leave to File Excess Pages. The parties may file responsive claim construction briefs of no more than 23 pages. (RGS, law3) |
| Filing 88 Joint MOTION for Leave to File Excess Pages for Responsive Claim Constuction Briefs by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Boucher, Gregory) |
| Filing 87 Assented to MOTION to Seal by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc..(Boucher, Gregory) |
| Filing 86 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 84 Motion to Allow the Filing of Technology Tutorials in Advance of the Claim Constructing Hearing. (Pacho, Arnold) |
| Filing 85 Opposition re 84 MOTION to Allow the Filing of Technology Tutorials in Advance of the Claim Constructing Hearing filed by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. (Boucher, Gregory) |
| Filing 84 MOTION to Allow the Filing of Technology Tutorials in Advance of the Claim Constructing Hearing by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 83 Judge Richard G. Stearns: ELECTRONIC ORDER entered re 82 Stipulation. The court will treat the stipulation as a joint motion to extend the deadline. So construed, the motion is allowed. Future requests for extensions should be presented in the form of a motion rather than a stipulation. (RGS, law3) |
| Filing 82 STIPULATION (Joint) to Extend the Deadline for Expert Deposition by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Text of Proposed Order)(Prussia, Kevin) |
| Filing 81 NOTICE of Appearance by Madeleine C. Laupheimer on behalf of Moderna US, Inc., ModernaTX, Inc. (Laupheimer, Madeleine) |
| Filing 80 NOTICE of Appearance by Annaleigh E. Curtis on behalf of Moderna US, Inc., ModernaTX, Inc. (Curtis, Annaleigh) |
| Filing 79 NOTICE of Appearance by Kevin M. Yurkerwich on behalf of Moderna US, Inc., ModernaTX, Inc. (Yurkerwich, Kevin) |
| Filing 78 ELECTRONIC NOTICE issued requesting courtesy copy for 73 Preliminary Claim Construction Briefs, 74 Declaration, 75 Declaration, 76 Preliminary Claim Construction Briefs. Counsel who filed these documents are requested to submit a courtesy copy to the Clerk's Office by 6/2/23. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Pacho, Arnold) |
| Filing 77 Set Hearings: Claim Construction Hearing set for 7/27/2023 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) |
| Filing 76 Preliminary Claim Construction Briefs by Pfizer Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Bromberg, Lee) |
| Filing 75 DECLARATION re 73 Preliminary Claim Construction Briefs by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 74 DECLARATION re 73 Preliminary Claim Construction Briefs by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Prussia, Kevin) |
| Filing 73 Preliminary Claim Construction Briefs by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 72 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 71 Motion. The parties may file opening claim construction briefs of no more than 23 pages. (RGS, law3) |
| Filing 71 Joint MOTION to Enlarge Page Limits for Opening Claim Construction Briefs by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 70 Joint Claim Construction and Prehearing Statement by Moderna US, Inc., ModernaTX, Inc.. (Prussia, Kevin) |
| Filing 69 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 68 Motion for Extension of Time to File. The parties' Joint Claim Construction Statement is due May 8, 2023. (RGS, law3) |
| Filing 68 Joint MOTION for Extension of Time to May 8, 2023 to File Joint Claim Construction Statement by Moderna US, Inc., ModernaTX, Inc..(Prussia, Kevin) |
| Filing 67 Judge Richard G. Stearns: ORDER entered granting 66 Joint MOTION for Entry of Stipulated Protective Order. (Pacho, Arnold) |
| Filing 66 Joint MOTION for Entry of Stipulated Protective Order re 62 Scheduling Order,,,,, by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit Stipulated Protective Order)(Prussia, Kevin) |
| Filing 65 Judge Richard G. Stearns: ORDER entered granting 64 Motion for Order. (RGS, law3) |
| Filing 64 Joint MOTION for Order to Govern Discovery of Electronically Stored Information by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit Proposed Standard for Discovery of Electronically Stored Information)(Prussia, Kevin) |
| Filing 63 NOTICE of Change of Address or Firm Name by Amy K. Wigmore (Wigmore, Amy) |
| Filing 62 Judge Richard G. Stearns: ORDER entered. SCHEDULING ORDER: Having considered the parties' positions, the court enters the following schedule in this case.Initial disclosures to be exchanged by 2/7/2023. Preliminary infringement contentions to be served by 2/17/2023; non-infringement and invalidity contentions by 3/31/2023. Contentions may be amended and supplemented up to 30 days prior to the Markman hearing, and thereafter with the leave of court for good cause shown. The parties shall exchange terms and proposed constructions no later than 4/21/2023; conduct a meet and confer to finalize the list of terms to be construed by 4/28/2023; and submit a joint claim construction statement (ranking the terms in decreasing order of importance) to the court by 5/5/2023. Opening claim construction briefs to be filed by 5/26/2023; responsive briefs by 7/7/2023; replies (if any) by leave of court only. The court will schedule a Markman hearing at its convenience.Fact discovery to be completed by 12/13/2023. Opening expert reports to be exchanged by 2/16/2024; rebuttal reports by 4/5/2024; expert discovery closes 6/7/2024. Dispositive motions and Daubert motions to be filed by 6/28/2024; oppositions by 7/26/2024; replies (if any) by leave of court only. (RGS, law3) |
| Filing 61 JOINT STATEMENT of counsel . (Attachments: # 1 Joint Statement, # 2 Exhibit 1 - Proposed Scheduling Order)(Prussia, Kevin) |
| Filing 60 ANSWER to Counterclaim by Moderna US, Inc., ModernaTX, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Lee, William) |
| Filing 59 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 58 Motion for Extension of Time. The parties' joint proposed pre-trial schedule is due on January 13, 2023. The court is not inclined to further extensions. (RGS, law3) |
| Filing 58 Joint MOTION for Extension of Time to January 13, 2023 to Provide the Parties to Submit a Joint Proposed Pre-Trial Schedule by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc..(Robbins, Jeffrey) |
| Filing 57 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The parties are requested to submit a joint proposed pre-trial schedule, consistent with L.R. 16.6, no later than January 3, 2023. (RGS, law3) |
| Filing 56 NOTICE of Appearance by Xun Liu on behalf of Pfizer Inc. (Liu, Xun) |
| Filing 55 NOTICE of Appearance by Derrick Anderson on behalf of Pfizer Inc. (Anderson, Derrick) |
| Filing 54 NOTICE of Appearance by Debmallo Shayon Ghosh on behalf of Pfizer Inc. (Ghosh, Debmallo) |
| Filing 53 NOTICE of Appearance by Michael Ryan Meuth on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Meuth, Michael) |
| Filing 52 NOTICE of Appearance by Carl J. Minniti, III on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Minniti, Carl) |
| Filing 51 NOTICE of Appearance by Rebecca A. Hilgar on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Hilgar, Rebecca) |
| Filing 50 NOTICE of Appearance by Simon F. Kung on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Kung, Simon) |
| Filing 49 NOTICE of Appearance by Young J. Park on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Park, Young) |
| Filing 48 NOTICE of Appearance by Eric W. Dittmann on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Dittmann, Eric) |
| Filing 47 NOTICE of Appearance by Bruce M Wexler on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Wexler, Bruce) |
| Filing 46 CORPORATE DISCLOSURE STATEMENT by Pfizer Inc.. (Bromberg, Lee) |
| Filing 45 ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs by BioNTech US Inc., BioNTech SE, Pfizer Inc., BioNTech Manufacturing GmbH. (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 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41)(Bromberg, Lee) |
| Filing 44 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice. Added Carl J. Minniti III. 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. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm. (Pacho, Arnold) |
| Filing 43 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 40 Motion for Leave to Appear Pro Hac Vice. Added Bruce M. Wexler, Eric W. Dittmann, Young G. Park, Simon F. Kung, Rebecca A. Hilgar, and M. Ryan Meuth. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) |
| Filing 42 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 38 Motion for Leave to Appear Pro Hac Vice. Added Haylee Bernal Anderson. 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. You must put the docket number on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice for admission of Carl J. Minniti III Filing fee: $ 100, receipt number AMADC-9612632 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Attachments: # 1 Exhibit A - Minniti, Carl Pro Hac Certification)(Robbins, Jeffrey) |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice for admission of Bruce M. Wexler, Eric W. Dittmann, Young J. Park, Simon F. Kung, Rebecca A. Hilgar, and M. Ryan Meuth Filing fee: $ 600, receipt number AMADC-9612599 by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US 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 - Kung, Simon Pro Hac Certification, # 5 Exhibit E - Hilgar, Rebecca Pro Hac Certification, # 6 Exhibit F - Meuth, M. Ryan Pro Hac Certification)(Robbins, Jeffrey) |
| Filing 39 CORPORATE DISCLOSURE STATEMENT by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc.. (Robbins, Jeffrey) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice for admission of Haylee Bernal Anderson Filing fee: $ 100, receipt number AMADC-9611287 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 37 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 29 Motion for Leave to Appear Pro Hac Vice. Added Thomas H.L. Selby. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) |
| Filing 36 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 28 Motion for Leave to Appear Pro Hac Vice. Added D. Shayon Ghosh. 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. You must put the docket number on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 35 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 27 Motion for Leave to Appear Pro Hac Vice. Added Stanley E. Fisher. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) |
| Filing 34 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 26 Motion for Leave to Appear Pro Hac Vice. Added Michael Xun Liu. 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. You must put the docket number on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 33 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 25 Motion for Leave to Appear Pro Hac Vice. Added Kathryn S. Kayali. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) |
| Filing 32 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice. Added Julie L. Tavares. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) |
| Filing 31 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 23 Motion for Leave to Appear Pro Hac Vice. Added Derrick Anderson. 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. You must put the docket number on your form when registering or it will be rejected.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. (Pacho, Arnold) |
| Filing 30 NOTICE OF ATTORNEY PAYMENT OF FEES as to 23 MOTION for Leave to Appear Pro Hac Vice for admission of Derrick Anderson by Defendant Pfizer Inc.. Filing fee $ 100, receipt number AMADC-9610789. Payment Type : PRO HAC VICE. (Bromberg, Lee) |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice for admission of Thomas H.L. Selby Filing fee: $ 100, receipt number AMADC-9610240 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice for admission of D. Shayon Ghosh Filing fee: $ 100, receipt number AMADC-9610235 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of Stanley E. Fisher Filing fee: $ 100, receipt number AMADC-9610226 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Xun Liu Filing fee: $ 100, receipt number AMADC-9610212 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of Kathryn S. Kayali Filing fee: $ 100, receipt number AMADC-9610182 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice for admission of Julie L. Tavares Filing fee: $ 100, receipt number AMADC-9610162 by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice for admission of Derrick Anderson by Pfizer Inc.. (Attachments: # 1 Affidavit)(Bromberg, Lee) |
| Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 18 Joint Motion for Extension of Time to answer, move, or otherwise respond to the Complaint until December 5, 2022. (Zierk, Marsha) |
| Filing 21 NOTICE of Appearance by Wyley S. Proctor on behalf of Pfizer Inc. (Proctor, Wyley) |
| Filing 20 NOTICE of Appearance by Erik Paul Belt on behalf of Pfizer Inc. (Belt, Erik) |
| Filing 19 NOTICE of Appearance by Lee C. Bromberg on behalf of Pfizer Inc. (Bromberg, Lee) |
| Filing 18 Joint MOTION for Extension of Time to 12/05/2022 to To extend response date to the complaint for defendants Pfizer Inc. and BioNTech US Inc. by BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc..(Robbins, Jeffrey) Modified on 9/12/2022: Corrected event type (Kelly, Danielle). |
| Filing 17 NOTICE of Appearance by Gregory M. Boucher on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Boucher, Gregory) |
| Filing 16 WAIVER OF SERVICE Returned Executed by ModernaTX, Inc., Moderna US, Inc.. BioNTech SE waiver sent on 9/6/2022, answer due 12/5/2022. (Lee, William) |
| Filing 15 WAIVER OF SERVICE Returned Executed by ModernaTX, Inc., Moderna US, Inc.. (Lee, William) |
| Filing 14 WAIVER OF SERVICE Returned Executed by ModernaTX, Inc., Moderna US, Inc.. BioNTech Manufacturing GmbH waiver sent on 9/6/2022, answer due 12/5/2022. (Lee, William) |
| Filing 13 SUMMONS Returned Executed BioNTech US Inc. served on 8/29/2022, answer due 9/19/2022. (Lee, William) |
| Filing 12 NOTICE of Appearance by Joseph D. Lipchitz on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Lipchitz, Joseph) |
| Filing 11 NOTICE of Appearance by Jeffrey S. Robbins on behalf of BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc. (Robbins, Jeffrey) |
| Filing 10 SUMMONS Returned Executed Pfizer Inc. served on 8/29/2022, answer due 9/19/2022. (Lee, William) |
| Filing 9 NOTICE of Appearance by Emily R. Whelan on behalf of Moderna US, Inc., ModernaTX, Inc. (Whelan, Emily) |
| Filing 8 Summons Issued as to BioNTech Manufacturing GmbH, BioNTech SE, BioNTech US Inc., Pfizer Inc.. 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 7 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Paul G. Levenson. (Finn, Mary) |
| Filing 6 NOTICE of Appearance by Amy K. Wigmore on behalf of Moderna US, Inc., ModernaTX, Inc. (Wigmore, Amy) |
| Filing 5 NOTICE of Appearance by Andrew J. Danford on behalf of Moderna US, Inc., ModernaTX, Inc. (Danford, Andrew) |
| Filing 4 NOTICE of Appearance by Kevin S. Prussia on behalf of Moderna US, Inc., ModernaTX, Inc. (Prussia, Kevin) |
| Filing 3 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Lee, William) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Moderna US, Inc., ModernaTX, Inc. identifying Corporate Parent Moderna, Inc. for Moderna US, Inc., ModernaTX, Inc... (Lee, William) |
| Filing 1 COMPLAINT against BioNTech US Inc., BioNTech SE, Pfizer Inc., BioNTech Manufacturing GmbH Filing fee: $ 402, receipt number AMADC-9469742 (Fee Status: Filing Fee paid), filed by Moderna US, Inc., ModernaTX, 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 Civil Cover Sheet, #11 Category Form)(Lee, William) |
| Filing 1 COMPLAINT against BioNTech US Inc., BioNTech SE, Pfizer Inc., BioNTech Manufacturing GmbH Filing fee: $ 402, receipt number AMADC-9469742 (Fee Status: Filing Fee paid), filed by Moderna US, Inc., ModernaTX, 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 Civil Cover Sheet, # 11 Category Form)(Lee, William) |
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