DUSA Pharmaceuticals, Inc. et al v. Biofrontera Inc.
| DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC and SUN PHARMACEUTICAL INDUSTRIES LTD |
| Biofrontera Inc., BIOFRONTERA BIOSCIENCE GMBH, BIOFRONTERA PHARMA GMBH, BIOFRONTERA DEVELOPMENT GMBH, BIOFRONTERA NEUROSCIENCE GMBH and BIOFRONTERA AG |
| 3:2023cv20601 |
| September 22, 2023 |
| US District Court for the District of New Jersey |
| J Brendan Day |
| Robert Kirsch |
| Other Statutory Actions |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Pro Hac Vice counsel, KYLE S. SMITH, 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. (kht) |
| Filing 53 Notice of Request by Pro Hac Vice Kyle S. Smith to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14874511.) (GOLDSTEIN, PHILIP) |
| Filing 52 AMENDED COMPLAINT against Biofrontera Inc., Biofrontera Bioscience GmbH, Biofrontera Pharma GmbH, Biofrontera Development GmbH, Biofrontera Neuroscience GmbH, Biofrontera AG, filed by DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD. (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 Certificate of Service)(MILLER, GREGORY) |
Filing 51
ORDER granting #48 Motion for Leave to Appear Pro Hac Vice as to Bindu Donovan and Delon Lier. Signed by Magistrate Judge J. Brendan Day on 11/13/2023. (jal, )
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Filing 50
STIPULATION AND CONSENT ORDER that Plaintiffs shall file their Amended Complaint on or before 11/13/2023. Defendant will answer, move, or otherwise respond to Plaintiffs' Amended Complaint by 12/4/2023. Signed by Judge Robert Kirsch on 11/13/2023. (mlh)
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| Set Deadlines as to #48 MOTION for Leave to Appear Pro Hac Vice Bindu Donovan and Delon Lier. Motion set for 12/4/2023 before Magistrate Judge J. Brendan Day. 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. (kht) |
| Filing 49 STIPULATION and Consent Order by DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD. (Attachments: #1 Cover Letter, #2 Exhibit A)(MILLER, GREGORY) |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice Bindu Donovan and Delon Lier by DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD. (Attachments: #1 Statement in Lieu of Brief, #2 Declaration of Gregory D. Miller, #3 Declaration of Bindu Donovan, #4 Declaration of Delon Lier, #5 Text of Proposed Order, #6 Certificate of Service)(MILLER, GREGORY) |
| Set Deadlines as to #47 MOTION to Seal . Motion set for 12/4/2023 before Magistrate Judge J. Brendan Day. 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. (mlh) |
| Filing 47 MOTION to Seal by Biofrontera Inc.. (Attachments: #1 Declaration of Philip A. Goldstein In Support of Motion, #2 Exhibit A to Philip A. Goldstein Declaration, #3 Proposed Order, #4 Certificate of Service)(GOLDSTEIN, PHILIP) |
| Filing 46 Letter from Philip A. Goldstein re: pre-motion conference. (GOLDSTEIN, PHILIP) |
| Filing 45 Minute Entry for proceedings held before Judge Robert Kirsch: Telephone Conference held on 10/30/2023. (Court Reporter, Carol Farrell (856-318-6100)) (pdm) |
| Pro Hac Vice counsel, AMANDA L. DEFORD and DAVID E. FINKELSON, 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. (jal, ) |
| Filing 44 Notice of Request by Pro Hac Vice David E. Finkelson to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14823361.) (GOLDSTEIN, PHILIP) |
| Filing 43 Notice of Request by Pro Hac Vice Amanda L. DeFord to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14823086.) (GOLDSTEIN, PHILIP) |
| Pro Hac Vice fee received as to Betty H. Chen and Kevin Gu $300.00, receipt number TRE135267 (kht) |
| Filing 42 Letter from Plaintiffs in Response to Biofrontera Request for Pre-Motion Conference to File Motion to Dismiss re #31 Letter,,. (MILLER, GREGORY) |
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Filing 41
ORDER granting #38 Motion for Leave to Appear Pro Hac Vice admission as to Kyle S. Smith. Signed by Magistrate Judge J. Brendan Day on 10/19/2023. (kht)
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Filing 40
ORDER granting #34 Motion for Leave to Appear Pro Hac Vice as to DAVID E. FINKELSON, ESQ. Signed by Magistrate Judge J. Brendan Day on 10/18/2023. (mlh)
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Filing 39
ORDER granting #32 Motion for Leave to Appear Pro Hac Vice as to AMANDA L. DEFORD, ESQ. Signed by Magistrate Judge J. Brendan Day on 10/18/2023. (mlh)
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| Set Deadlines as to #38 MOTION for Leave to Appear Pro Hac Vice re: Kyle S. Smith, #34 MOTION for Leave to Appear Pro Hac Vice re: David E. Finkelson. Motion set for 11/20/2023 before Magistrate Judge J. Brendan Day. 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. (mlh) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice re: Kyle S. Smith by Biofrontera Inc.. (Attachments: #1 Certification of Local Counsel In Support of Motion for Admission Pro Hac Vice of Kyle S. Smith, #2 Certification of Kyle S. Smith In Support of Motion for Admission Pro Hac Vice, #3 Certificate of Service, #4 Proposed Order)(GOLDSTEIN, PHILIP) |
| Filing 37 Corporate Disclosure Statement by Biofrontera Inc.. (GOLDSTEIN, PHILIP) |
| Filing 36 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by Biofrontera Inc.. (GOLDSTEIN, PHILIP) |
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Filing 35
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice admission as to Betty H. Chen and Kevin Gu. Signed by Magistrate Judge J. Brendan Day on 10/17/2023. (kht)
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| Filing 34 MOTION for Leave to Appear Pro Hac Vice re: David E. Finkelson by Biofrontera Inc.. (Attachments: #1 Certification of P. Goldstein In Support of Motion for Admission Pro Hac Vice of David E. Finkelson, #2 Certification of David E. Finkelson In Support of Motion for Admission Pro Hac Vice, #3 (Proposed) Order, #4 Certificate of Service)(GOLDSTEIN, PHILIP) |
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Filing 33
TEXT ORDER: This matter comes before the Court upon Defendant Biofrontera, Inc.'s request for a pre-motion conference (ECF No. #31 ). Parties are advised that a Telephone Conference has been scheduled for 10:00 a.m. on Monday, October 30, 2023. Call-in information is as follows: 888-684-8852, access code 1317475. So Ordered by Judge Robert Kirsch on 10/17/2023. (pdm)
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| Set Deadlines as to #32 MOTION for Leave to Appear Pro Hac Vice re: Amanda L. Deford. Motion set for 11/20/2023 before Magistrate Judge J. Brendan Day. 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. (kht) |
| Filing 32 MOTION for Leave to Appear Pro Hac Vice re: Amanda L. Deford by Biofrontera Inc.. (Attachments: #1 P. Goldstein Certification In Support of Admission Pro Hac Vice of Amanda L. Deford, #2 Certification of Amanda L. Deford In Support of Motion for Admission Pro Hac Vice, #3 Certificate of Service, #4 (Proposed) Order)(GOLDSTEIN, PHILIP) |
| Filing 31 Letter from Philip A. Goldstein re: Request for Pre-Motion Conference to File Motion to Dismiss. (GOLDSTEIN, PHILIP)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 30 NOTICE of Appearance by PHILIP ANDREW GOLDSTEIN on behalf of Biofrontera Inc. (GOLDSTEIN, PHILIP) |
| Filing 29 NOTICE by DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD Notice of Withdrawal of Jeremy T. Saks (MILLER, GREGORY) |
| Filing 28 NOTICE by DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD Notice of Withdrawal of Elizabeth G.H. Ranks (MILLER, GREGORY) |
| Set Deadlines as to #27 MOTION for Leave to Appear Pro Hac Vice Betty H. Chen and Kevin Gu. Motion set for 11/6/2023 before Magistrate Judge J. Brendan Day. 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. (kht) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice Betty H. Chen and Kevin Gu by DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD. (Attachments: #1 Statement in Lieu of Brief, #2 Declaration of Gregory D. Miller, #3 Declaration of Betty H. Chen, #4 Declaration of Kevin Gu, #5 Text of Proposed Order, #6 Certificate of Service)(MILLER, GREGORY) |
| Filing 26 NOTICE of Appearance by TIMOTHY P. GONZALEZ on behalf of DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD (GONZALEZ, TIMOTHY) |
| Filing 25 NOTICE of Appearance by GENE Y. KANG on behalf of DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD (KANG, GENE) |
| Filing 24 NOTICE of Appearance by GREGORY D. MILLER on behalf of DUSA PHARMACEUTICALS, INC., SUN PHARMACEUTICAL INDUSTRIES INC, SUN PHARMACEUTICAL INDUSTRIES LTD (MILLER, GREGORY) |
| Filing 23 Clerk's Letter: Attorney, JEREMY T. SAKS is not admitted to the Federal Bar of New Jersey. Notice has been mailed to Fish & Richardson, P.C. 7 Times Square, 20th Flr. New York, NY 10036. (jjc, ) |
| Filing 22 Clerk's Letter: Attorney, ELIZABETH G.H. RANKS is not admitted to the Federal Bar of New Jersey. Notice has been mailed to Fish & Richardson, P.C. 111 Congress Ave., Suite 1810, Austin TX 78701. (jjc, ) |
| Filing 21 Clerk's Letter: Attorney, BETTY H. CHEN is not admitted to the Federal Bar of New Jersey. Notice has been mailed to Fish & Richardson, P.C. 111 Congress Ave., Suite 1810, Austin TX 78701. (jjc, ) |
| Filing 20 Clerk's Letter: Attorney, NELLIE E. HESTIN is not admitted to the Federal Bar of New Jersey. Notice has been mailed to MCGUIRE WOODS LLP, Tower Two-Sixty, 260 Forbes Ave., Suite 1800, Pittsburgh, PA 15222. (jjc, ) |
| Judge Robert Kirsch and Magistrate Judge J. Brendan Day added. (jjc, ) |
| Filing 19 Certified Copy of Transfer Order and docket received, Case transferred in from District of Massachusetts; Case Number 1:23-cv-11440. Original file certified copy of transfer order and docket sheet received. |
| Filing 18 Case transferred to the District of New Jersey. Original case file electronically sent to the Clerk in that district. (Pacho, Arnold) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered - re #16 Stipulation, filed by Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc., and DUSA Pharmaceuticals, Inc. The Stipulation to Transfer Venue to the District of New Jersey is treated as a motion and GRANTED. The Clerk is directed to transfer this case to the United States District Court for the District of New Jersey. The time for defendant to file a responsive pleading to Plaintiffs' Complaint is extended to 21 days after this action is formally transferred and docketed in the District of New Jersey.(Zierk, Marsha) |
| Filing 16 STIPULATION re #14 Summons Returned Executed and to Transfer Venue to The District of New Jersey by DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc.. (Attachments: #1 Text of Proposed Order)(Chen, Betty) |
| Filing 15 NOTICE of Appearance by Nellie E. Hestin on behalf of Biofrontera Inc. (Hestin, Nellie) |
| Filing 14 SUMMONS Returned Executed as to Biofrontera Inc.. Served on 9/13/2023, answer due 10/4/2023. (Pacho, Arnold) |
| Filing 13 DISREGARD - SUMMONS Returned Executed DUSA Pharmaceuticals, Inc. served on 9/13/2023, answer due 10/4/2023; Sun Pharmaceutical Industries Ltd served on 9/13/2023, answer due 10/4/2023; Sun Pharmaceutical Industries, Inc. served on 9/13/2023, answer due 10/4/2023. (Ranks, Elizabeth) Modified on 9/13/2023. Proof of service refiled by clerk as dkt. #14 (Pacho, Arnold). |
| Filing 12 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Motion for Leave to Appear Pro Hac Vice. Added Jeremy T. Saks. 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 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 Motion for Leave to Appear Pro Hac Vice. Added Betty Chen. 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 10 MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy T. Saks Filing fee: $ 125, receipt number AMADC-9936739 by DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc.. (Attachments: #1 Exhibit 1)(Ranks, Elizabeth) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Betty Chen Filing fee: $ 125, receipt number AMADC-9936714 by DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc.. (Attachments: #1 Exhibit 1)(Ranks, Elizabeth) |
| Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered preliminarily granting #2 Motion to Impound Complaint. Plaintiffs may preliminarily file the Complaint and Exhibit A under seal. Within fourteen days of defendant filing an Answer, however, plaintiffs must file a motion (1) proposing specific redactions; and (2) articulating "compelling reasons" to seal the information sought to be redacted. 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 7 Summons Issued as to Biofrontera 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. (Horvath, Courtney) |
| Filing 6 NOTICE OF ATTORNEY PAYMENT OF FEES as to #1 Complaint, by Plaintiffs DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc.. Filing fee $ 402, receipt number AMADC-9924475. Payment Type : INITIATING DOCUMENT. (Ranks, Elizabeth) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc.. (Ranks, Elizabeth) |
| Filing 4 NOTICE by DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc. Rule 40.1(g)(5) Certification of Relatedness (Ranks, Elizabeth) |
| Filing 3 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. (Danieli, Chris) |
| Filing 2 MOTION to Impound by DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc. (Dore, Samantha) |
| Filing 1 COMPLAINT against Biofrontera Inc., filed by DUSA Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd, Sun Pharmaceutical Industries, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Dore, Samantha) |
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