EVERETT LABORATORIES, INC. v. ACELLA PHARMACEUTICALS, LLC
Plaintiff: EVERETT LABORATORIES, INC.
Defendant: ACELLA PHARMACEUTICALS, LLC
Case Number: 1:2013cv03470
Filed: June 4, 2013
Court: US District Court for the District of New Jersey
Office: Camden Office
County: Morris
Presiding Judge: Joseph E Irenas
Referring Judge: Karen M Williams
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 2, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2014 Filing 139 CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of Plaintiff EVERETT LABORATORIES, INC. against Defendant ACELLA PHARMACEUTICALS, LLC. ***CIVIL CASE TERMINATED. Signed by Judge Joseph E. Irenas on 4/2/2014. (dmr)
March 27, 2014 Filing 138 Letter from Robert Schoenberg to Judge Irenas re Settlement. (Attachments: #1 Proposed Consent Judgment and Permanent Injunction)(SCHOENBERG, ROBERT)
March 20, 2014 Opinion or Order Filing 137 ORDER granting #41 Acella's Motion to Seal Document ; granting #14 Everett's Motion to Seal Document. Signed by Judge Joseph E. Irenas on 3/20/2014. (dmr)
March 17, 2014 Filing 136 REPLY BRIEF to Opposition to Motion filed by EVERETT LABORATORIES, INC. re #126 MOTION for Leave to File First Amended Complaint (SCHOENBERG, ROBERT)
March 11, 2014 Opinion or Order Filing 135 ORDERED that the disputed deposition testimony is not confidential, and therefore, is not protected by the Discovery Confidentiality Order in this case. Signed by Magistrate Judge Karen M. Williams on 3/10/2014. (dmr)
March 10, 2014 Filing 134 BRIEF in Opposition filed by ACELLA PHARMACEUTICALS, LLC re #126 MOTION for Leave to File First Amended Complaint - Corrected Brief (KINKADE, CHRISTOPHER)
March 10, 2014 Filing 133 BRIEF in Opposition filed by ACELLA PHARMACEUTICALS, LLC re #126 MOTION for Leave to File First Amended Complaint (KINKADE, CHRISTOPHER)
March 10, 2014 Opinion or Order Filing 132 TEXT ORDER: Due to a conflict with the Court's trial calendar, the Markman hearing currently set to begin on 3/17/2014 is hereby reset for 4/8/2014, 4/9/2014, and 4/10/2014 from 08:30 AM to 02:00PM in Camden - Courtroom 1. SO ORDERED by Judge Joseph E. Irenas on 3/10/2014. (lm)
March 4, 2014 Opinion or Order Filing 131 ORDER granting Deft's request for a seven day extension upon consent, making Acella's opposition due by 3/10/2014. Signed by Magistrate Judge Karen M. Williams on 3/4/2014. (dmr)
March 3, 2014 Filing 130 Letter from Christopher R. Kinkade to the Hon. Karen M. Williams, U.S.M.J. re Consented Extension re #126 MOTION for Leave to File First Amended Complaint, #129 Letter. (KINKADE, CHRISTOPHER)
February 28, 2014 Filing 129 Letter from Joseph Schramm, III re #126 MOTION for Leave to File First Amended Complaint. (SCHRAMM, JOSEPH)
February 11, 2014 Filing 128 MARKMAN RESPONSE BRIEF re #112 Markman Opening Brief (KINKADE, CHRISTOPHER)
February 11, 2014 Filing 127 MARKMAN RESPONSE BRIEF re #112 Markman Opening Brief (SCHOENBERG, ROBERT)
February 11, 2014 Set Deadlines as to #126 MOTION for Leave to File First Amended Complaint. Motion set for 3/17/2014 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
February 10, 2014 Filing 126 MOTION for Leave to File First Amended Complaint by EVERETT LABORATORIES, INC.. (Attachments: #1 Plaintiffs Brief in Support of Motion for Leave to File Amended Complaint, #2 Exhibits 1-2 to Brief, #3 Exhibits 3-4 to Brief, #4 Exhibits 5-6 to Brief, #5 Exhibits 7-8 to Brief, #6 Exhibit 9 to Brief, #7 Text of Proposed Order)(SCHOENBERG, ROBERT)
February 7, 2014 Filing 125 Transcript Redaction Request re #109 Transcript, #107 Transcript, by attorney ROBERT J. SCHOENBERG. (SCHOENBERG, ROBERT)
February 4, 2014 Minute Entry for proceedings held before Magistrate Judge Karen M. Williams: Telephone Status Conference held on 2/4/2014. (dmw)
February 4, 2014 Opinion or Order Filing 124 Discovery Confidentiality Order. Signed by Magistrate Judge Karen M. Williams on 2/4/2014. (drw)
February 3, 2014 Opinion or Order Filing 123 TEXT ORDER Due to inclement weather, the Court hereby reschedules the telephone status conference previously scheduled for February 3, 2014. The new date and time of the telephone status conference is February 4, 2014 at 2:30 p.m. Ordered by Magistrate Judge Karen M. Williams on 02/03/2014. (Ramos, Nicole)
January 31, 2014 Filing 122 Letter from Robert J. Schoenberg to Judge Williams Submitting Agreed Upon Discovery Confidentiality Order re #108 Order,,. (Attachments: #1 Text of Proposed Order)(SCHOENBERG, ROBERT)
January 30, 2014 Opinion or Order Filing 121 ORDER PURSUANT TO RULE 502(d) OF THE FEDERAL RULES OF EVIDENCE. Signed by Judge Joseph E. Irenas on 1/30/2014. (dmr)
January 29, 2014 Opinion or Order Filing 120 TEXT ORDER The Court has scheduled a telephone status conference for February 3, 2014, at 4:00 p.m. Counsel for plaintiff shall initiate the call. Ordered by Magistrate Judge Karen M. Williams on 01/29/2014. (Ramos, Nicole)
January 28, 2014 Filing 119 Letter from Robert Schoenberg to Judge Williams Opposing Acella Request for 3-Month Extension of Fact Discovery re #118 Letter. (SCHOENBERG, ROBERT)
January 28, 2014 Filing 118 Letter from Christopher R. Kinkade to the Hon. Karen M. Williams, U.S.M.J.. (KINKADE, CHRISTOPHER)
January 27, 2014 Filing 117 Letter from Christopher R. Kinkade to the Hon. Karen M. Williams, U.S.M.J., enclosing joint proposed Order pursuant to Fed. R. Evid. 502(d) re #108 Order,,. (Attachments: #1 Text of Proposed Order)(KINKADE, CHRISTOPHER)
January 27, 2014 Opinion or Order Filing 116 TEXT ORDER: Markman Hearing set for 3/17/2014 08:30 AM - 2:00PM, 3/18/2014 08:30 AM - 2:00PM, and 3/19/2014 08:30 AM - 2:00PM in Camden - Courtroom 1. SO ORDERED by Judge Joseph E. Irenas on 1/27/2014. (lm)
January 24, 2014 Filing 115 NOTICE of Intent to Request Redaction re #109 Transcript, by ROBERT J. SCHOENBERG (SCHOENBERG, ROBERT)
January 24, 2014 Filing 114 NOTICE of Intent to Request Redaction re #107 Transcript, by ROBERT J. SCHOENBERG (SCHOENBERG, ROBERT)
January 23, 2014 Filing 113 AMENDED DOCUMENT by EVERETT LABORATORIES, INC.. Amendment to #111 Letter,, (Replacing Exhibit B to Schoenberg Declaration). (SCHOENBERG, ROBERT)
January 21, 2014 Filing 112 MARKMAN OPENING BRIEF OF DEFENDANT ACELLA PHARMACEUTICALS, LLC (Attachments: #1 Declaration of Christopher R. Kinkade, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(KINKADE, CHRISTOPHER)
January 21, 2014 Filing 111 Letter from Robert J. Schoenberg to Judge Irenas re Markman Brief for Everett Laboratories. (Attachments: #1 Opening Markman Brief by Everett Laboratories, Inc., #2 Declaration of Robert J. Schoenberg, #3 Exhibit A to Schoenberg Declaration, #4 Exhibit B to Schoenberg Declaration, #5 Exhibit C to Schoenberg Declaration, #6 Exhibit D to Schoenberg Declaration, #7 Exhibit E to Schoenberg Declaration, #8 Exhibit F to Schoenberg Declaration, #9 Exhibit G (Part 1) to Schoenberg Declaration, #10 Exhibit G (Part 2) to Schoenberg Declaration, #11 Exhibit H to Schoenberg Declaration)(SCHOENBERG, ROBERT)
January 21, 2014 Filing 110 Letter from Christopher R. Kinkade to the Hon. Joseph E. Irenas enclosing Amended Joint Claim Construction and Prehearing Statement. (Attachments: #1 Amended Joint Claim Construction and Prehearing Statement, #2 Exhibit A)(KINKADE, CHRISTOPHER)
January 21, 2014 Opinion or Order Filing 108 ORDER: The parties shall adopt the language proposed by Everett in the proposed discovery confidentiality order with regard to the patent prosecution bar. Don Pelto, Esquire, is hereby exempt from the patent prosecution bar. The parties shall delete the section in the proposed discovery confidentiality order re. the ability of a witness to testify about subjects protected by the discovery confidentiality order. The parties shall provide the Court with the proposed FRE 502(d) Order by 1/31/2014. Signed by Magistrate Judge Karen M. Williams on 1/21/2014. (drw)
January 17, 2014 Filing 109 Transcript of Proceedings held on 1/13/2014, before Judge KAREN M. WILLIAMS. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING ((856) 435-7172). Tape Number: 467. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 2/7/2014. Redacted Transcript Deadline set for 2/18/2014. Release of Transcript Restriction set for 4/17/2014. (drw)
January 16, 2014 Filing 107 Transcript of Proceedings held on 1/13/2014, before Judge KAREN M. WILLIAMS. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING ((856) 435-7172). Tape Number: 467. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 2/6/2014. Redacted Transcript Deadline set for 2/18/2014. Release of Transcript Restriction set for 4/16/2014. (drw)
January 13, 2014 Filing 106 Minute Entry for proceedings held before Magistrate Judge Karen M. Williams: Telephone Discovery Conference held on 1/13/2014. (CD #467.) (TH, )
January 10, 2014 Filing 105 Letter from Robert Schoenberg to Judge Irenas filing Joint Claim Construction and Prehearing Statement. (Attachments: #1 Joint Claim Construction and Prehearing Statement)(SCHOENBERG, ROBERT)
January 9, 2014 Opinion or Order Filing 104 TEXT ORDER - The Court has converted the telephone status conference scheduled for 1/13/2014 to an on the record telephone discovery conference, and changed the time of the conference from 10:30 a.m. to 3:00 p.m. Counsel for plaintiff shall initiate the call and dial in to the Courtroom line at the time of the conference 856-757-5253. So Ordered by Magistrate Judge Karen M. Williams on 1/9/2014. (dmw)
December 31, 2013 Filing 103 Letter from Robert Schoenberg to Judge Williams re Exemption from Patent Prosecution Bar (Reply letter) re #102 Letter. (SCHOENBERG, ROBERT)
December 30, 2013 Filing 102 Letter from Christopher R. Kinkade to Judge Williams re #94 Letter. (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)(KINKADE, CHRISTOPHER)
December 23, 2013 Opinion or Order Filing 101 TEXT ORDER Any opposition to Everett's request for an exemption from the patent prosecution bar for Don Pelto, Esquire, shall be filed on or before December 30, 2013. Ordered by Magistrate Judge Karen M. Williams on 12/23/2013. (Bullock, T)
December 3, 2013 Opinion or Order Filing 100 STIPULATION AND CONSENT ORDER MODIFYING 11/8/2013 CONSENT ORDER. Signed by Magistrate Judge Karen M. Williams on 12/2/2013. (TH, ) Modified on 12/5/2013 (TH).
December 3, 2013 Filing 99 Letter from Robert Schoenberg to Judge Williams in Reply to Acella Letter to Court of December 2, 2013 re #97 Letter. (SCHOENBERG, ROBERT)
December 3, 2013 Opinion or Order Filing 98 ORDER granting #90 Motion to Amend/Correct Invalidity and Noninfringement Contentions. ORDERED that Acella shall have 10 days from the date of this Order to serve plaintiff, and plaintiff shall have 10 days to respond. Signed by Magistrate Judge Karen M. Williams on 12/2/2013. (TH, )
December 2, 2013 Filing 97 Letter from Christopher R. Kinkade to Judge Williams in Reply to Everett's Proposed Discovery Confidentiality Order Revisions re #95 Letter, #93 Letter,. (KINKADE, CHRISTOPHER)
November 27, 2013 Filing 96 Letter from Christopher R. Kinkade to Judge Williams Enclosing Stipulation and Consent Order re #91 Scheduling Order,. (Attachments: #1 Text of Proposed Order)(KINKADE, CHRISTOPHER)
November 26, 2013 Filing 95 Letter from Robert J. Schoenberg (Everett Laboratories) to Judge Williams in Reply to Acella Pharmaceuticals' Proposed Discovery Confidentiality Order Revisions re #93 Letter,. (SCHOENBERG, ROBERT)
November 25, 2013 Filing 94 Letter from Robert J. Schoenberg to Judge Williams re Exemption from Patent Prosecution Bar. (Attachments: #1 Supplemental Declaration of Don Pelto, #2 Declaration of Lucas Sigman)(SCHOENBERG, ROBERT)
November 25, 2013 Filing 93 Letter from Robert Schoenberg to Judge Williams Re Discovery Confidentiality Order. (Attachments: #1 Everett Proposed Form of Discovery Confidentiality Order (Exhibit A to Everett Letter Brief), #2 Acella Proposed Form of Discovery Confidentiality Order)(SCHOENBERG, ROBERT)
November 19, 2013 Opinion or Order Filing 92 ORDER that Acella's request for a patent prosecution bar is Granted. The parties shall submit the final revised version of the proposed discovery confidentiality order within 5 days of the date of this Order re #80 Letter, etc.. Signed by Magistrate Judge Karen M. Williams on 11/19/2013. (TH, )
November 8, 2013 Opinion or Order Filing 91 STIPULATION AND CONSENT ORDER MODIFYING SEPTEMBER 18, 2013 SCHEDULING ORDER: Telephone Status Conference set for 1/13/2014 at 10:30 AM before Magistrate Judge Karen M. Williams. Amended Pleadings due by 1/10/2014. Pretrial Factual Discovery due by 2/27/2014. Dispositive Motions due by 4/21/2014, etc. Signed by Magistrate Judge Karen M. Williams on 11/8/2013. (dmr)
November 6, 2013 Setting Deadlines as to #90 MOTION to Amend/Correct Invalidity and Noninfringement Contentions. Motion set for 12/2/2013 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (js)
November 6, 2013 Filing 90 MOTION to Amend/Correct Invalidity and Noninfringement Contentions by ACELLA PHARMACEUTICALS, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(KINKADE, CHRISTOPHER)
November 6, 2013 Filing 89 Letter from Christopher R. Kinkade to Judge Williams Enclosing Stipulation and Consent Order re #78 Scheduling Order,. (Attachments: #1 Text of Proposed Order)(KINKADE, CHRISTOPHER)
November 4, 2013 Opinion or Order Filing 88 ORDER granting #82 Motion for Leave to Appear Pro Hac Vice as to Andre De La Cruz and Ariel Fox Johnson. ORDERED that each Counsel pay $150.00 to the Clerk, United States District Court for participation in this action. Signed by Magistrate Judge Karen M. Williams on 11/4/2013. (tf, )
October 23, 2013 Filing 87 Letter from Christopher R. Kinkade to Judge Williams regarding Declaration of Don Pelto re #86 Letter. (KINKADE, CHRISTOPHER)
October 22, 2013 Filing 86 Letter from Robert Schoenberg to Hon. Karen M. Williams forwarding Declaration of Don Pelto re #80 Letter. (Attachments: #1 Declaration of Don J. Pelto)(SCHOENBERG, ROBERT)
October 18, 2013 Filing 85 Transcript of Proceedings held on 10/15/2013, before Judge KAREN M. WILLIAMS. Court Reporter/Transcriber DIANA DOMAN TRANSCRIBING ((856) 435-7172). Tape Number: 457. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 11/8/2013. Redacted Transcript Deadline set for 11/18/2013. Release of Transcript Restriction set for 1/16/2014. (drw)
October 15, 2013 Filing 84 Minute Entry for proceedings held before Magistrate Judge Karen M. Williams: Telephone Status Conference held on 10/15/2013. (CD #457.) (TH, )
October 15, 2013 Filing 83 Letter from Christopher R. Kinkade to Judge Williams re Proposed Patent Prosecution Bar in Discovery Confidentiality Order. (KINKADE, CHRISTOPHER)
October 11, 2013 Set Deadlines as to #82 MOTION for Leave to Appear Pro Hac Vice . Motion set for 11/4/2013 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, )
October 10, 2013 Filing 82 MOTION for Leave to Appear Pro Hac Vice by EVERETT LABORATORIES, INC.. (Attachments: #1 Declaration of Robert J. Schoenberg, #2 Declaration of Andre De La Cruz, #3 Declaration of Ariel Fox Johnson, #4 Text of Proposed Order)(SCHOENBERG, ROBERT)
October 9, 2013 Opinion or Order Filing 81 TEXT ORDER The Court will conduct a telephone conference, on the record, on October 15, 2013 at 3:00 p.m. to address the joint letter brief filed by the parties on September 26, 2013. Counsel for Plaintiff shall initiate the call to the Court. Ordered by Magistrate Judge Karen M. Williams on 10/09/2013. (Bullock, T)
September 26, 2013 Filing 80 Letter from Robert Schoenberg and Christopher Kinkade to Judge Williams re Proposed Discovery Confidentiality Order. (SCHOENBERG, ROBERT)
September 23, 2013 Filing 79 Letter from Robert J. Schoenberg to Judge Williams re Proposed Discovery Confidentiality Order. (Attachments: #1 Joint Rule 5.3b2 Certification, #2 Everett Laboratories Proposed Discovery Confidentiality Order, #3 Acella Pharmaceuticals Proposed Discovery Confidentiality Order)(SCHOENBERG, ROBERT)
September 19, 2013 Opinion or Order Filing 78 SCHEDULING ORDER (Corrected): Telephone Status Conference set for 1/13/2014 10:30 AM before Magistrate Judge Karen M. Williams. Amended Pleadings due by 12/2/2013. Pretrial Factual Discovery due by 1/24/2014. Dispositive Motions due by 3/3/2014. Signed by Magistrate Judge Karen M. Williams on 9/18/2013. (TH, )
September 19, 2013 Opinion or Order Filing 77 SCHEDULING ORDER: Telephone Status Conference set for 1/13/2014 10:30 AM before Magistrate Judge Karen M. Williams. Amended Pleadings due by 9/27/2013. Pretrial Factual Discovery due by 1/24/2014. Dispositive Motions due by 3/3/2014. Signed by Magistrate Judge Karen M. Williams on 9/18/2013. (TH, )
September 18, 2013 Filing 76 Notice of Request by Pro Hac Vice Bradley C. Graveline to receive Notices of Electronic Filings. (SCHOENBERG, ROBERT)
September 18, 2013 Filing 75 Notice of Request by Pro Hac Vice Darren M. Franklin to receive Notices of Electronic Filings. (SCHOENBERG, ROBERT)
September 17, 2013 Minute Entry for proceedings held before Magistrate Judge Karen M. Williams: Initial Scheduling Conference held on 9/17/2013. (dmw)
September 17, 2013 Filing 74 DEMAND for Trial by Jury by EVERETT LABORATORIES, INC.. (SCHOENBERG, ROBERT)
September 13, 2013 Opinion or Order Filing 73 AMENDED OPINION: For the reasons given, Everett's Motions for Preliminary Injunction will be denied. The Court's original Order issued 8/29/2013 remains in full force and effect. Signed by Judge Joseph E. Irenas on 9/13/2013. (TH, )
September 12, 2013 Pro Hac Vice fee as to Bradley C. Graveline, Esq. and Darren M. Franklin, Esq.: $ 300, receipt number CAM3296. (TH, )
September 3, 2013 Opinion or Order Filing 72 ORDER granting #56 Motion for Leave to Appear Pro Hac Vice as to Darren M. Franklin, Esq. and Bradley C. Graveline, Esq.. ORDERED that $150.00 shall be paid on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Karen M. Williams on 9/3/2013. (TH, )
September 3, 2013 Filing 71 ANSWER to Counterclaim and Certificate of Service by EVERETT LABORATORIES, INC..(SCHOENBERG, ROBERT)
August 29, 2013 Opinion or Order Filing 70 ORDER denying Plaintiff's #7 Motion for Preliminary Injunction. Signed by Judge Joseph E. Irenas on 8/29/2013. (TH, )
August 29, 2013 Filing 69 OPINION. Signed by Judge Joseph E. Irenas on 8/29/2013. (TH, )
August 27, 2013 Filing 68 Transcript of Proceedings held on 8/21/2013, before Judge JOSEPH E. IRENAS. Court Reporter/Transcriber Karen Friedlander (856-756-0160). NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 9/17/2013. Redacted Transcript Deadline set for 9/27/2013. Release of Transcript Restriction set for 11/25/2013. (drw)
August 26, 2013 Filing 67 Letter from Robert Schoenberg to Judge Williams re Case Management re #65 Letter. (SCHOENBERG, ROBERT)
August 26, 2013 Opinion or Order Filing 66 TEXT ORDER The Initial Scheduling Conference set for September 26, 2013 is hereby RESCHEDULED. The Court will conduct an Initial Scheduling Conference on September 17, 2013 at 3:00 p.m. Ordered by Magistrate Judge Karen M. Williams on 08/26/2013. (Boyer, Sarah)
August 23, 2013 Filing 65 Letter from Christopher R. Kinkade to Magistrate Judge Williams Requesting an Expedited Trial Schedule. (KINKADE, CHRISTOPHER)
August 21, 2013 Filing 64 Transcript of Proceedings held on 8/19/2013, before Judge JOSEPH E. IRENAS. Court Reporter/Transcriber Karen Friedlander (856-756-0160). NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 9/11/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/19/2013. (drw)
August 21, 2013 Filing 63 Minute Entry for proceedings held before Judge Joseph E. Irenas: Motion Hearing held on 8/21/2013 re #7 MOTION for Preliminary Injunction as to Patent Claims filed by EVERETT LABORATORIES, INC. Ordered motion taken under advisement. Opinion and Order to issue. (Court Reporter KAREN FRIEDLANDER.) (lm)
August 20, 2013 Filing 62 Minute Entry for proceedings held before Judge Joseph E. Irenas: Motion Hearing held on 8/20/2013 re #7 MOTION for Preliminary Injunction as to Patent Claims filed by EVERETT LABORATORIES, INC. Ordered hearing adjourned to 8/21/2013 at 9:00AM. (Court Reporter KAREN FRIEDLANDER.) (lm) Modified on 8/21/2013 (lm).
August 19, 2013 Filing 61 Minute Entry for proceedings held before Judge Joseph E. Irenas: Motion Hearing held on 8/19/2013 re #7 MOTION for Preliminary Injunction as to Patent Claims filed by EVERETT LABORATORIES, INC. Ordered hearing adjourned to 8/20/2013 at 9:00AM. (Court Reporter KAREN FRIEDLANDER.) (lm)
August 19, 2013 Set Deadlines as to #56 MOTION for Leave to Appear Pro Hac Vice for Darren M. Franklin and Bradley C. Graveline. Motion set for 9/16/2013 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, )
August 18, 2013 Filing 60 Letter from Christopher R. Kinkade to Judge Irenas re #59 Letter. (KINKADE, CHRISTOPHER)
August 18, 2013 Filing 59 Letter from Robert J. Schoenberg to Judge Irenas Requesting Rebuttal Testimony re #57 Letter. (SCHOENBERG, ROBERT)
August 16, 2013 Filing 58 NOTICE of Appearance by STEPHANIE R. WOLFE on behalf of EVERETT LABORATORIES, INC. (WOLFE, STEPHANIE)
August 16, 2013 Filing 57 Letter from Christopher R. Kinkade to Judge Irenas Confirming Witness Availability for Preliminary Injunction Hearing. (KINKADE, CHRISTOPHER)
August 16, 2013 Filing 56 MOTION for Leave to Appear Pro Hac Vice for Darren M. Franklin and Bradley C. Graveline by EVERETT LABORATORIES, INC.. (Attachments: #1 Schoenberg Declaration, #2 Franklin Declaration, #3 Graveline Declaration, #4 Text of Proposed Order)(SCHOENBERG, ROBERT)
August 16, 2013 Filing 55 REPLY BRIEF to Opposition to Motion filed by EVERETT LABORATORIES, INC. re #7 MOTION for Preliminary Injunction as to Patent Claims (Attachments: #1 Sigman Reply Declaration, #2 Exhibit A to Sigman Reply Declaration, #3 Exhibit B to Sigman Reply Declaration, #4 Exhibit C to Sigman Reply Declaration, #5 Exhibit D to Sigman Reply Declaration, #6 Shavel Reply Declaration, #7 Schoenberg Reply Declaration, #8 Exhibit 1 to Schoenberg Reply Declaration, #9 Exhibit 2 to Schoenberg Reply Declaration, #10 Exhibits 3 and 4 rto Schoenberg Reply Declaration, #11 Nielsen Reply Declaration, #12 BruceBrown Reply Declaration, #13 Reisetter Declaration, #14 Lichtman Declaration, #15 Bratic Declaration, #16 Bailey Declaration, #17 Shulman Declaration, #18 Exhibits A-B to Shulman Declaration, #19 Exhibit C to Shulman Declaration, #20 Exhibits D-G to Shulman Declaration, #21 Pramar Declaration, #22 Supplemental Declaration of Jitka Shavel (Part 1 of 2), #23 Supplemental Declaration of Jitka Shavel (Part 2 of 2))(SCHOENBERG, ROBERT)
August 15, 2013 Filing 54 Notice of Request by Pro Hac Vice Ashley B. Summer (receipt number CAM003235) to receive Notices of Electronic Filings. (KINKADE, CHRISTOPHER)
August 15, 2013 Filing 53 Notice of Request by Pro Hac Vice Jennifer Mallory (receipt number CAM003235) to receive Notices of Electronic Filings. (KINKADE, CHRISTOPHER)
August 15, 2013 Filing 52 Notice of Request by Pro Hac Vice William H. Latham (receipt number CAM003235) to receive Notices of Electronic Filings. (KINKADE, CHRISTOPHER)
August 15, 2013 Filing 51 Notice of Request by Pro Hac Vice Neil C. Jones (receipt number CAM003235) to receive Notices of Electronic Filings. (KINKADE, CHRISTOPHER)
August 15, 2013 Clerk`s Text Order - The document #50 Application for Clerk's Order to Ext Answer/Proposed Order to Answer Counterclaim submitted by EVERETT LABORATORIES, INC. has been GRANTED. The answer due date has been set for 9/3/2013. (TH, )
August 14, 2013 Filing 50 Application and Proposed Order for Clerk's Order to extend time to answer as to Plaintiff Everett Laboratories, Inc... (SCHOENBERG, ROBERT)
August 14, 2013 Opinion or Order Filing 49 TEXT ORDER re #47 Letter and #48 Letter: 1) The 8/19/2013 hearing will begin at 9:30AM and will be extended to four hours. Each side will have two hours. 2) Each side may present two live witnesses, with one witness directed to irreparable harm and the other witness directed to the remaining issues. Direct examination of each witness will be limited to 20 minutes. The Court will not limit cross-examination at this time. 3) The presentation will begin on the question of invalidity, not on the question of irreparable harm. SO ORDERED by Judge Joseph E. Irenas on 8/14/2013. (lm)
August 14, 2013 Filing 48 Letter from Robert J. Schoenberg. (SCHOENBERG, ROBERT)
August 14, 2013 Filing 47 Letter from Christopher R. Kinkade regarding Preliminary Injunction Hearing on August 19, 2013. (KINKADE, CHRISTOPHER)
August 14, 2013 Pro Hac Vice fee as to Neil C. Jones, William H. Latham, Jennifer Mallory, and Ashley B. Summer: $ 600, receipt number CAM003235 (dmr)
August 10, 2013 Filing 46 AMENDED DOCUMENT by ACELLA PHARMACEUTICALS, LLC. Amendment to #42 Brief in Opposition to Motion for Preliminary Injunction as to Patent Claims. (Attachments: #1 Certificate of Service)(KINKADE, CHRISTOPHER)
August 9, 2013 Filing 45 Notice of Request by Pro Hac Vice M. Roy Goldberg to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-5165653.) (SCHOENBERG, ROBERT)
August 9, 2013 Filing 44 Notice of Request by Pro Hac Vice Nathaniel Bruno to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-5165611.) (SCHOENBERG, ROBERT)
August 9, 2013 Filing 43 CERTIFICATION in Opposition filed by ACELLA PHARMACEUTICALS, LLC re #7 MOTION for Preliminary Injunction as to Patent Claims Declaration of Joseph Schramm, III (Attachments: #1 Exhibit A - B to Schramm Declaration)(SCHRAMM, JOSEPH)
August 9, 2013 Set Deadlines as to #41 MOTION to Seal Document #40 Certification in Opposition to Motion, . Motion set for 9/3/2013 before Judge Joseph E. Irenas. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
August 8, 2013 Filing 42 BRIEF in Opposition filed by ACELLA PHARMACEUTICALS, LLC re #7 MOTION for Preliminary Injunction as to Patent Claims (Attachments: #1 Certificate of Service)(KINKADE, CHRISTOPHER)
August 8, 2013 Filing 41 MOTION to Seal Document #40 Certification in Opposition to Motion, by ACELLA PHARMACEUTICALS, LLC. (Attachments: #1 Declaration of Joseph Schramm, III in support of motion to seal, #2 Text of Proposed Order, #3 Certificate of Service)(SCHRAMM, JOSEPH)
August 8, 2013 Filing 40 CERTIFICATION in Opposition filed by ACELLA PHARMACEUTICALS, LLC re #7 MOTION for Preliminary Injunction as to Patent Claims Declaration of Harold Arthur Deas - CONFIDENTIAL subject to motion to seal (Attachments: #1 Exhibit A - C to Deas Declaration)(SCHRAMM, JOSEPH)
August 8, 2013 Filing 39 CERTIFICATION in Opposition filed by ACELLA PHARMACEUTICALS, LLC re #7 MOTION for Preliminary Injunction as to Patent Claims Declaration of Mary M. Bridgeman (Attachments: #1 Exhibit A - F to Bridgeman Declaration, #2 Exhibit G - O to Bridgeman Declaration, #3 Exhibit P - S to Bridgeman Declaration, #4 Declaration of Harry G. Brittain, #5 Exhibit A - F to Brittain Declaration, #6 Exhibit G - S to to Brittain Declaration, #7 Declaration of Bryce R. Cook, #8 Exhibit A & B to Cook Declaration, #9 Declaration of Harold Arthur Deas (REDACTED), #10 Exhibit A - C to Deas Declaration, #11 Declaration of Roger Beemer Newman, #12 Exhibit A - E to Newman Declaration)(KINKADE, CHRISTOPHER)
August 7, 2013 Opinion or Order Filing 38 ORDER granting #27 Motion for Leave to Appear Pro Hac Vice as to Neil C. Jones, Esq., William H. Latham, Esq., Jennifer Mallory, Esq., and Ashley B. Summer, Esq.. ORDERED that $150.00 shall be paid on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Karen M. Williams on 8/6/2013. (TH, )
August 6, 2013 Opinion or Order Filing 37 ORDER granting #17 Motion for Leave to Appear Pro Hac Vice as to M. Roy Goldberg, Esq. and Nathaniel Bruno, Esq.. ORDERED that $150.00 shall be paid on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Karen M. Williams on 8/6/2013. (TH, )
August 6, 2013 Filing 36 AMENDED DOCUMENT by ACELLA PHARMACEUTICALS, LLC. Amendment to #27 MOTION for Leave to Appear Pro Hac Vice Amended Declaration of Ashley B. Summer. (KINKADE, CHRISTOPHER)
August 6, 2013 Filing 35 AMENDED DOCUMENT by ACELLA PHARMACEUTICALS, LLC. Amendment to #27 MOTION for Leave to Appear Pro Hac Vice Amended Declaration of Jennifer Mallory. (KINKADE, CHRISTOPHER)
August 6, 2013 Filing 34 AMENDED DOCUMENT by ACELLA PHARMACEUTICALS, LLC. Amendment to #27 MOTION for Leave to Appear Pro Hac Vice Amended Declaration of William H. Latham. (KINKADE, CHRISTOPHER)
August 6, 2013 Filing 33 AMENDED DOCUMENT by ACELLA PHARMACEUTICALS, LLC. Amendment to #27 MOTION for Leave to Appear Pro Hac Vice Amended Declaration of Neil C. Jones. (KINKADE, CHRISTOPHER)
August 6, 2013 Opinion or Order Filing 32 TEXT ORDER approving deposition schedule as outlined by parties in #30 Letter. SO ORDERED by Judge Joseph E. Irenas on 8/6/2013. (lm)
August 6, 2013 Filing 31 Letter from Robert Schoenberg to Judge Williams re Amended Declarations re #17 MOTION for Leave to Appear Pro Hac Vice . (Attachments: #1 Amended Declaration of Roy Goldberg, #2 Amended Declaration of Nathaniel Bruno)(SCHOENBERG, ROBERT)
August 6, 2013 Filing 30 Letter from Christopher R. Kinkade to Judge Irenas re #29 Order,,. (KINKADE, CHRISTOPHER)
August 5, 2013 Opinion or Order Filing 29 ORDER that Acella take the deposition of Everett's expert on 8/7/2013; Everett shall take the deposition of Acella's expert on 8/8/2013. Acella shall make its experts declaration or report available to Everetts counsel today, August 5, 2013. The deadline for opposition briefing is extended to 8/8/2013, and replies to 8/15/2013. The hearing on Everett's pending preliminary injunction motions shall take place as scheduled at 9:30 am on 8/19/2013. Signed by Judge Joseph E. Irenas on 8/5/2013. (TH, )
August 5, 2013 Minute Entry for proceedings held before Judge Joseph E. Irenas: Telephone Status Conference held on 8/5/2013. (lm)
August 2, 2013 Filing 28 Letter from Christopher R. Kinkade to Judge Irenas Enclosing Copy of 8/1/2013 Letter in Support of Defendant's Application for Leave to Depose Bruce Brown re #26 Letter. (Attachments: #1 Letter Submitted via Fax on 8/1/2013)(KINKADE, CHRISTOPHER)
August 2, 2013 Set Deadlines as to #27 MOTION for Leave to Appear Pro Hac Vice . Motion set for 9/3/2013 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, )
August 1, 2013 Filing 27 MOTION for Leave to Appear Pro Hac Vice by ACELLA PHARMACEUTICALS, LLC. (Attachments: #1 Declaration of Christopher R. Kinkade, #2 Declaration of Neil C. Jones, #3 Declaration of William H. Latham, #4 Declaration of Jennifer Mallory, #5 Declaration of Ashley B. Summer, #6 Text of Proposed Order, #7 Certificate of Service)(KINKADE, CHRISTOPHER)
August 1, 2013 Filing 26 Letter from Robert Schoenberg to Judge Irenas Opposing Defendant's Request to Depose Bruce Brown. (SCHOENBERG, ROBERT)
July 30, 2013 Filing 25 Letter from Christopher R. Kinkade withdrawing motions for admission pro hac vice re #16 MOTION for Leave to Appear Pro Hac Vice C. Celeste Creswell, Esq., #19 MOTION for Leave to Appear Pro Hac Vice Christopher E. Parker, Esq., #18 MOTION for Leave to Appear Pro Hac Vice Eileen Hintz Rumfelt, Esq.. (KINKADE, CHRISTOPHER)
July 29, 2013 Opinion or Order Filing 24 TEXT ORDER Setting Hearing on #7 MOTION for Preliminary Injunction as to Patent Claims, #14 MOTION to Seal Document #8 Declaration (Unredacted): Motion hearing set for 8/19/2013 09:30 AM in Camden - Courtroom 1 before Judge Joseph E. Irenas. SO ORDERED by Judge Joseph E. Irenas on 7/29/2013. (lm)
July 25, 2013 Opinion or Order Filing 23 Order Initial Conference set for 9/26/2013 10:00 AM in Room 2040 before Magistrate Judge Karen M. Williams. Signed by Magistrate Judge Karen M. Williams on 7/25/2013. (tf, )
July 24, 2013 Filing 22 Corporate Disclosure Statement by ACELLA PHARMACEUTICALS, LLC identifying Alora Pharmaceuticals, LLC as Corporate Parent.. (KINKADE, CHRISTOPHER)
July 24, 2013 Filing 21 ANSWER to Complaint with JURY DEMAND , COUNTERCLAIM against EVERETT LABORATORIES, INC. by ACELLA PHARMACEUTICALS, LLC.(KINKADE, CHRISTOPHER)
July 16, 2013 Filing 20 NOTICE of Appearance by THOMAS A. CUNNIFF on behalf of ACELLA PHARMACEUTICALS, LLC (CUNNIFF, THOMAS)
July 15, 2013 Set Deadlines as to #18 MOTION for Leave to Appear Pro Hac Vice Eileen Hintz Rumfelt, Esq., #19 MOTION for Leave to Appear Pro Hac Vice Christopher E. Parker, Esq., #16 MOTION for Leave to Appear Pro Hac Vice C. Celeste Creswell, Esq., #17 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/5/2013 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, )
July 12, 2013 Filing 19 MOTION for Leave to Appear Pro Hac Vice Christopher E. Parker, Esq. by ACELLA PHARMACEUTICALS, LLC. (Attachments: #1 Motion for Admission, #2 Certification of Christopher E. Parker, #3 Certification of Christopher R. Kinkade, #4 Text of Proposed Order, #5 Certificate of Service)(KINKADE, CHRISTOPHER)
July 12, 2013 Filing 18 MOTION for Leave to Appear Pro Hac Vice Eileen Hintz Rumfelt, Esq. by ACELLA PHARMACEUTICALS, LLC. (Attachments: #1 Motion for Admission, #2 Certification of Eileen Hintz Rumfelt, #3 Certification of Eileen Hintz Rumfelt, #4 Text of Proposed Order, #5 Certificate of Service)(KINKADE, CHRISTOPHER)
July 12, 2013 Filing 17 MOTION for Leave to Appear Pro Hac Vice by EVERETT LABORATORIES, INC.. (Attachments: #1 Declaration of Robert J. Schoenberg, #2 Declaration of M. Roy Goldberg, #3 Declaration of Nathaniel Bruno, #4 Text of Proposed Order)(SCHOENBERG, ROBERT)
July 12, 2013 Filing 16 MOTION for Leave to Appear Pro Hac Vice C. Celeste Creswell, Esq. by ACELLA PHARMACEUTICALS, LLC. (Attachments: #1 Motion for Admission, #2 Certification of C. Celeste Creswell, #3 Certification of Christopher R. Kinkade, #4 Text of Proposed Order, #5 Certificate of Service)(KINKADE, CHRISTOPHER)
July 12, 2013 AMENDED Set Deadlines as to #7 MOTION for Preliminary Injunction as to Patent Claims. (per #15 Letter Rule 7.1) Motion set for 8/19/2013 before Judge Joseph E. Irenas. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, )
July 11, 2013 Filing 15 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #7 MOTION for Preliminary Injunction as to Patent Claims . (KINKADE, CHRISTOPHER)
July 8, 2013 Set Deadlines as to #14 MOTION to Seal Document #8 Declaration (Unredacted). Motion set for 8/5/2013 before Judge Joseph E. Irenas. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
July 5, 2013 Filing 14 MOTION to Seal Document #8 Declaration (Unredacted) by EVERETT LABORATORIES, INC.. (Attachments: #1 Declaration of Robert J. Schoenberg in Support of Motion to Seal, #2 Text of Proposed Order)(SCHOENBERG, ROBERT)
July 3, 2013 Opinion or Order Filing 13 STIPULATION AND ORDER extending Defendant's time to answer to 7/24/2013. Signed by Magistrate Judge Karen M. Williams on 7/3/2013. (TH, )
July 2, 2013 Filing 12 NOTICE of Appearance by CHRISTOPHER ROBERT KINKADE on behalf of ACELLA PHARMACEUTICALS, LLC (KINKADE, CHRISTOPHER)
July 2, 2013 Filing 11 NOTICE of Appearance by GERARD P. NORTON on behalf of ACELLA PHARMACEUTICALS, LLC (NORTON, GERARD)
July 1, 2013 Filing 10 STIPULATION re #1 Complaint Stipulated Application to Extend Defendant's Time to Respond to Complaint pursuant to L. Civ. R. 6.1 by ACELLA PHARMACEUTICALS, LLC. (KINKADE, CHRISTOPHER)
July 1, 2013 Set Deadlines as to #7 MOTION for Preliminary Injunction as to Patent Claims. Motion set for 8/5/2013 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (TH, )
June 28, 2013 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned to Judge Joseph E. Irenas for all further proceedings. Judge Renee Marie Bumb no longer assigned to case. Signed by Chief Judge Jerome B. Simandle on 6/28/13. (mmb, )
June 28, 2013 Filing 8 DECLARATION re #7 MOTION for Preliminary Injunction as to Patent Claims (Unredacted Declaration of Lucas Sigman) by EVERETT LABORATORIES, INC.. (SCHOENBERG, ROBERT)
June 28, 2013 Filing 7 MOTION for Preliminary Injunction as to Patent Claims by EVERETT LABORATORIES, INC.. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Declaration of Bruce Brown, #4 Declaration of Jitka Shavel, #5 Declaration of Alisha Nielsen, #6 Declaration of Lucas Sigman (redacted), #7 Declaration of Robert J. Schoenberg, #8 Exhibits 1-3 to Schoenberg Declaration, #9 Exhibits 4-5 to Schoenberg Declaration, #10 Exhibits 6-7 to Schoenberg Declaration, #11 Exhibits 8-10 to Schoenberg Declaration, #12 Exhibits 11-14 to Schoenberg Declaration, #13 Exhibits 15-18 to Schoenberg Declaration, #14 Exhibits 19-30 to Schoenberg Declaration)(SCHOENBERG, ROBERT)
June 19, 2013 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case Number 2:13-cv-3470. Case reassigned to Judge Renee Marie Bumb and Magistrate Judge Karen M. Williams for all further proceedings. Judge William J. Martini, Magistrate Judge Mark Falk no longer assigned to case. Signed by Chief Judge Jerome B. Simandle on 6/14/13. (ak, )
June 17, 2013 Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Simon Jenner for Acella Pharmaceuticals, LLC on June 12, 2013, filed by EVERETT LABORATORIES, INC.. (SCHOENBERG, ROBERT)
June 7, 2013 Minute Entry for proceedings held before Judge William J. Martini: Pursuant to Local Patent Rule 1.5 Patent Pilot Project, case shall be reassigned to a designated patent judge. (gh, )
June 6, 2013 Filing 4 AO120 Patent/Trademark Form filed. (bdk, )
June 6, 2013 Filing 2 SUMMONS ISSUED as to ACELLA PHARMACEUTICALS, LLC Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Brian David Kemner* (bdk, )
June 4, 2013 Filing 3 Corporate Disclosure Statement by EVERETT LABORATORIES, INC.. (bdk, ) Modified on 6/8/2013 (jr).
June 4, 2013 Filing 1 COMPLAINT against ACELLA PHARMACEUTICALS, LLC ( Filing and Admin fee $ 400 receipt number 0312-5045335) with JURY DEMAND, filed by EVERETT LABORATORIES, INC.. (Attachments: #1 Civil Cover Sheet)(bdk, ) Modified on 6/8/2013 (jr).

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Defendant: ACELLA PHARMACEUTICALS, LLC
Represented By: GERARD P. NORTON
Represented By: CHRISTOPHER ROBERT KINKADE
Represented By: JOSEPH SCHRAMM, III
Represented By: THOMAS A. CUNNIFF
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Plaintiff: EVERETT LABORATORIES, INC.
Represented By: STEPHANIE R. WOLFE
Represented By: ROBERT J. SCHOENBERG
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