NEXUS PHARMACEUTICALS, INC. v. NEVAKAR INJECTABLES, INC., et al
| NEXUS PHARMACEUTICALS, INC. |
| NEVAKAR, INC., PAR PHARMACEUTICALS CO., INC., NEVAKAR INJECTABLES, INC. and PAR STERILE PRODUCTS, LLC |
| ENDO VENTURES LTD. and ENDO INTERNATIONAL PLC |
| 1:2021cv15524 |
| August 17, 2021 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Karen M Williams |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 |
| Defendant |
Docket Report
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This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.
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Filing 56
TEXT ORDER This matter comes before the Court upon a letter submitted by Defendants, requesting a pre-motion conference in regard to a proposed Motion for Judgment on the Pleadings. [Docket No. 51.] Having read the submissions by the parties, including Plaintiff's response, [Docket No. 52], the Court does not believe that a pre-motion conference would be productive at this time. The Court also believes that the arguments made by Defendants in support of their proposed motion will be adequately addressed and necessarily resolved during Oral Argument on Plaintiff's pending Motion for Preliminary Injunction [Docket No. 4] on December 13, 2021, at 10:00am, given the substantial overlap in the factual and legal considerations at issue. Defendants may proceed with filing their proposed motion if they choose to do so, but Plaintiff need not respond unless it chooses to do so. So Ordered by Judge Renee Marie Bumb on 10/15/2021. (Costigan, Roberta)
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| Pro Hac Vice counsel, AZIZ BURGY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr) |
| Filing 55 Notice of Request by Pro Hac Vice Aziz Burgy to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12890349.) (LATTIMORE, JASON) |
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Filing 54
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice as t0 Aziz Burgy, Esquire, etc. Signed by Magistrate Judge Karen M. Williams on 10/12/2021. (dmr)
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| Set/Reset Deadlines as to #53 MOTION to Seal (JOINT). Motion set for 11/15/2021 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Filing 53 MOTION to Seal (JOINT) by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Declaration of Kevin M. Nelson, #2 Declaration of Ross E. Blau, #3 Nexus Memorandum in support of motion for preliminary inunction (REDACTED), #4 Declaration of Usman Ahmed (REDACTED), #5 Defendants' Opposition to preliminary injunction (REDACTED), #6 D.I. 15-8, Ex. G (REDACTED), #7 D.I. 15-10, Ex. I (REDACTED), #8 D.I. 15-11, Ex. J (REDACTED), #9 D.I. 15-12, Ex. K (REDACTED), #10 Declaration of Barrett Rabinow (REDACTED), #11 Declaration of Sriram Ramanathan (REDACTED), #12 Nexus Reply Brief (REDACTED), #13 Declaration of Robert J. Orr, #14 Findings of Fact Conclusions of Law and Proposed Order)(QUINN, JUSTIN) |
| Filing 52 Letter from Justin T. Quinn, Esq. to the Honorable Renee Marie Bumb, U.S.D.J. re #51 Letter,, 43 Order,,,. (QUINN, JUSTIN) |
| Filing 51 Letter from Jason B. Lattimore Requesting Pre-Motion Conference. (LATTIMORE, JASON)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 50 Notice of Request by Pro Hac Vice Kevin M. Nelson to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12871566.) (QUINN, JUSTIN) |
| Filing 49 Notice of Request by Pro Hac Vice Imron T. Aly to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12871549.) (QUINN, JUSTIN) |
| Filing 48 DECLARATION of Jason B. Lattimore (Amended) re 46 Order,, by All Defendants. (LATTIMORE, JASON) |
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Filing 47
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice as to Imron T. Aly, Esquire, and Kevin M. Nelson, Esquire; shall make a payment of $150.00 on each admission, payable to the Clerk, United States District Court. Signed by Magistrate Judge Karen M. Williams on 10/6/2021. (tf, )
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Filing 46
TEXT ORDER Within ten (10) days of the date of this Text Order, Jason B. Lattimore, counsel for Defendants, shall certify in an amended certification filed on the docket whether Aziz Burgy, Esquire, the attorney seeking admission pro hac vice #23 and the Aziz Burgy, Esquire, listed on the NJ Lawyers Fund for Client Protections 2021 PHV Ineligible List, for the period ending September 27, 2021 (https://www.njcourts.gov/attorneys/cpf.html), are one in the same. So Ordered by Magistrate Judge Karen M. Williams on 10/6/2021. (Kaplan, C)
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| Pro Hac Vice counsel, IMRON T. ALY and KEVIN M. NELSON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, ) |
| Filing 45 DECLARATION of Christopher M. Gallo re #39 MOTION to Seal Document #27 Answer to Counterclaim,, #17 Answer to Complaint,,,, Counterclaim,,, AMENDED DECLARATION AND INDEX by All Defendants. (LATTIMORE, JASON) |
| Filing 44 REDACTION to #17 Answer to Complaint,,,, Counterclaim,,, With Exhibits by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C Redacted, #4 Exhibit D Redacted, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(LATTIMORE, JASON) |
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Filing 43
TEXT ORDER This matter comes before the Court upon a Motion for Judgment on the Pleadings by All Defendants. [Docket No. 35.] Pursuant to the Court's Individual Rules and Procedures I.A., "[i]n an effort to resolve cases expeditiously, before bringing a motion for judgment on the pleadings... a party must submit a letter described therein." Thus, because the motion does not adhere to the Court's rules, the motion is ADMINISTRATIVELY TERMINATED. In addition, if Defendants intend to pursue the motion further, Defendants' letter must include an explanation as to why the arguments made in support of their motion, which appear to duplicate the arguments made in opposition to the pending motion for a preliminary injunction, merit a separate motion before the Court, as well as how such arguments advance the case and "conserve the Courts resources." [Docket No. 36, at 1.] So Ordered by Judge Renee Marie Bumb on 10/05/2021. (Costigan, Roberta)
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| Set/Reset Deadlines as to #39 MOTION to Seal Document #27 Answer to Counterclaim,, #17 Answer to Complaint,,,, Counterclaim,,, . Motion set for 11/1/2021 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) |
| Pro Hac Vice counsel, CHRISTOPHER M. GALLO, DAVID K. LUDWIG and ROSS E. BLAU, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, ) |
| Filing 42 Notice of Request by Pro Hac Vice Ross E. Blau to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12864003.) (LATTIMORE, JASON) |
| Filing 41 Notice of Request by Pro Hac Vice David K. Ludwig to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12864002.) (LATTIMORE, JASON) |
| Filing 40 Notice of Request by Pro Hac Vice Christopher M. Gallo to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12863999.) (LATTIMORE, JASON) |
| Filing 39 MOTION to Seal Document #27 Answer to Counterclaim,, #17 Answer to Complaint,,,, Counterclaim,,, by All Defendants. (Attachments: #1 Declaration of Christopher M. Gallo with Attached Index, #2 Text of Proposed Order)(LATTIMORE, JASON) |
| Filing 38 REDACTION to #27 Answer to Counterclaim,, by All Defendants. (LATTIMORE, JASON) |
| Filing 37 REDACTION to #17 Answer to Complaint,,,, Counterclaim,,, by All Defendants. (LATTIMORE, JASON) |
| Set/Reset Deadlines as to #35 MOTION for Judgment on the Pleadings. Motion set for 11/1/2021 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Filing 36 BRIEF in Support filed by All Defendants re #35 MOTION for Judgment on the Pleadings (LATTIMORE, JASON)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 35 MOTION for Judgment on the Pleadings by All Defendants. Responses due by 10/18/2021 (Attachments: #1 Text of Proposed Order)(LATTIMORE, JASON) |
| Filing 34 DECLARATION of Imron T. Aly re 30 Order on Motion for Leave to Appear, by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Declaration of Kevin M. Nelson)(QUINN, JUSTIN) |
| Filing 33 Letter from Jason B. Lattimore re 30 Order on Motion for Leave to Appear, 31 Order on Motion for Leave to Appear,. (LATTIMORE, JASON) |
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Filing 32
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice as to Christopher M. Gallo, David K. Ludwig, and Ross E. Blau. Signed by Magistrate Judge Karen M. Williams on 9/30/2021. (dmr)
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Filing 31
TEXT ORDER Within ten (10) days of the date of this Text Order, Jason B. Lattimore, counsel for Defendants, shall certify whether Aziz Burgy, Esquire, the attorney seeking admission pro hac vice #23 and the Aziz Burgy, Esquire, listed on the NJ Lawyers Fund for Client Protections 2021 PHV Ineligible List, for the period ending September 27, 2021 (https://www.njcourts.gov/attorneys/cpf.html), are one in the same. Ordered by Magistrate Judge Karen M. Williams on 9/30/2021. (Kaplan, C)
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Filing 30
TEXT ORDER Within ten (10) days of the date of this Text Order, the party filing its pro hac vice motion #12 shall file an amended certified statement of the pro hac vice applicants certifying that no disciplinary proceedings are pending against the attorney in any jurisdiction and no discipline has previously been imposed on the attorney in any jurisdiction. See L. Civ. R. 101.1(c) (1). Ordered by Magistrate Judge Karen M. Williams on 9/30/2021. (Kaplan, C)
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| Filing 29 DECLARATION of Imron T. Aly re #28 Reply Brief to Opposition to Motion,, by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Exhibit A - C)(QUINN, JUSTIN) |
| Filing 28 REPLY BRIEF to Opposition to Motion filed by NEXUS PHARMACEUTICALS, INC. re #4 MOTION for Preliminary Injunction (Attachments: #1 Declaration of Robert J. Orr, Ph.D.)(QUINN, JUSTIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 27 ANSWER to Counterclaim by NEXUS PHARMACEUTICALS, INC..(QUINN, JUSTIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
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Filing 26
ORDER granting Defendant's request to extend the deadline to file the motion to 7 days after Plaintiff files its answer to the counterclaim. Signed by Magistrate Judge Karen M. Williams on 9/22/2021. (tf, )
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| Filing 25 Letter from Jason B. Lattimore Requesting Extension of Time to File Motion to Seal re #17 Answer to Complaint,,,, Counterclaim,,,. (LATTIMORE, JASON) |
| Set/Reset Deadlines as to #23 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/18/2021 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) |
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Filing 24
STIPULATION AND ORDER Regarding Substitution of Parties. Nevakar Injectables, Inc. is substituted for Nevakar, Inc.; Par Sterile Products, LLC is substituted for Par Pharmaceutical Co.; Endo International plc is dismissed from this matter without prejudice, etc. Signed by Judge Renee Marie Bumb on 9/17/2021. (dmr)
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| Filing 23 MOTION for Leave to Appear Pro Hac Vice by All Defendants. (Attachments: #1 Statement in Lieu of Brief, #2 Declaration of New Jersey Counsel, #3 Declaration of Aziz Burgy, #4 Declaration of Christopher M. Gallo, #5 Declaration of David K. Ludwig, #6 Declaration of Ross E. Blau, #7 Text of Proposed Order)(LATTIMORE, JASON) |
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Filing 22
ORDER granting Plaintiff's letter request to extend the reply deadline of the preliminary injunction motion until 9/27/2021. Signed by Judge Renee Marie Bumb on 9/13/2021. (dmr)
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| Filing 21 Letter from Justin T. Quinn, Esq. to the Honorable Renee Marie Bumb, U.S.D.J. requesting extension to file reply re #15 Brief in Opposition to Motion,,, #5 Brief in Support of Motion,, #4 MOTION for Preliminary Injunction . (QUINN, JUSTIN) |
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Filing 20
TEXT ORDER Due to a scheduling conflict, the Court hereby reschedules the telephone Initial Conference previously set for November 4, 2021. The NEW date and time is December 20, 2021 at 11:30 a.m. Until further notice and unless specifically ordered otherwise, all scheduled telephone status conferences and Initial Conferences before the Hon. Karen M. Williams shall occur via teleconference using the Court's conference line. All participants shall dial 1-888-684-8852, Access Code 1488577# to connect to the conference.So Ordered by Magistrate Judge Karen M. Williams on 9/9/21. (nar)
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Filing 19
Order Initial Conference set for 11/4/2021 09:30 AM in Teleconference before Magistrate Judge Karen M. Williams. Signed by Magistrate Judge Karen M. Williams on 9/8/2021. (tf, )
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Filing 18
ORDER that the Court will hear Oral Argument on Plaintiff's Motion for Preliminary Injunction via Zoom on December 13, 2021 at 10:00am. Signed by Judge Renee Marie Bumb on 9/7/2021. (tf, )
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (tf, ) |
| Filing 17 ANSWER to Complaint with JURY DEMAND , COUNTERCLAIM against NEXUS PHARMACEUTICALS, INC. by All Defendants. (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)(LATTIMORE, JASON)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 16 Corporate Disclosure Statement by ENDO VENTURES LTD. identifying Endo International plc as Corporate Parent.. (LATTIMORE, JASON) |
| Filing 15 BRIEF in Opposition filed by All Defendants re #4 MOTION for Preliminary Injunction (Attachments: #1 Declaration David K. Ludwig, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Declaration of Barrett Rabinow, #17 Declaration of Sriram Ramanathan)(LATTIMORE, JASON)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 14 Letter from Justin T. Quinn, Esq. to the Honorable Renee Marie Bumb, U.S.D.J. re #5 Brief in Support of Motion,, #4 MOTION for Preliminary Injunction . (QUINN, JUSTIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 13 STIPULATION and Proposed Order Substituting Parties by All Defendants. (LATTIMORE, JASON) |
| Set/Reset Deadlines as to #12 Consent MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/4/2021 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
| Filing 12 Consent MOTION for Leave to Appear Pro Hac Vice by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Statement of Justin T. Quinn in lieu of brief pursuant to L. Civ. R. 7.1(d)(4), #2 Declaration of Justin T. Quinn, #3 Declaration of Imron T. Aly, #4 Declaration of Kevin M. Nelson, #5 Text of Proposed Order, #6 Certificate of Service)(QUINN, JUSTIN) |
| Filing 11 SUMMONS Returned Executed by NEXUS PHARMACEUTICALS, INC.. PAR PHARMACEUTICALS CO., INC. served on 8/19/2021, answer due 9/9/2021. (QUINN, JUSTIN) |
| Filing 10 SUMMONS Returned Executed by NEXUS PHARMACEUTICALS, INC.. NEVAKAR, INC. served on 8/19/2021, answer due 9/9/2021. (QUINN, JUSTIN) |
| Filing 9 NOTICE of Appearance by JASON B. LATTIMORE on behalf of All Defendants (LATTIMORE, JASON) |
| Filing 8 NOTICE of Appearance by DAVID HUGH SILVERSTEIN on behalf of ENDO INTERNATIONAL PLC, ENDO VENTURES LTD., NEVAKAR, INC., PAR PHARMACEUTICALS CO., INC. (SILVERSTEIN, DAVID) |
| Filing 7 SUMMONS ISSUED as to ENDO INTERNATIONAL PLC, ENDO VENTURES LTD., NEVAKAR, INC., PAR PHARMACEUTICALS CO., INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (alb, ) |
| Filing 6 AO120 Patent Form filed. (Attachments: #1 COPY OF COMPLAINT) (alb, ) |
| Magistrate Judge Karen M. Williams added. (dd, ) |
| Judge Renee Marie Bumb added. (jjc, ) |
| Notice of Judicial Preferences RMB. #Click here for the Judge's Individual Procedure Requirements. (alb, ) |
| Filing 5 BRIEF in Support filed by NEXUS PHARMACEUTICALS, INC. re #4 MOTION for Preliminary Injunction (Attachments: #1 Declaration of Usman Ahmed)(QUINN, JUSTIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 4 MOTION for Preliminary Injunction by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Declaration of Robert J. Orr, Ph.D. (and Exhibits), #2 Declaration of Michael Maile, M.D., M.S. (and Exhibits), #3 Text of Proposed Order)(QUINN, JUSTIN) |
| Filing 3 Exhibit to #1 Complaint, by NEXUS PHARMACEUTICALS, INC.. (QUINN, JUSTIN) |
| Filing 2 Corporate Disclosure Statement by NEXUS PHARMACEUTICALS, INC.. (QUINN, JUSTIN) |
| Filing 1 COMPLAINT against ENDO INTERNATIONAL PLC, ENDO VENTURES LTD., NEVAKAR, INC., PAR PHARMACEUTICALS CO., INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12725843), filed by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Civil Cover Sheet, #2 Certification Pursuant to L. Civ. R. 11.2)(QUINN, JUSTIN) |
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