Regeneron Pharmaceuticals Inc. v. Novartis Pharma AG et al
Plaintiff: Regeneron Pharmaceuticals, Inc.
Defendant: Novartis Pharma AG, Novartis Technology LLC, Novartis Pharmaceuticals Corporation and Vetter Pharma International GMBH
Case Number: 1:2021cv01066
Filed: September 29, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Thomas J McAvoy
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2021 Filing 143 STATUS REPORT With Summary and Update on the Newly Transferred Antitrust Case by Regeneron Pharmaceuticals, Inc.. (Nash, Douglas)
September 29, 2021 Filing 142 NOTICE of Appearance by John D. Cook on behalf of Regeneron Pharmaceuticals, Inc. (Cook, John)
September 29, 2021 Filing 141 NOTICE of Appearance by Douglas J. Nash on behalf of All Plaintiffs (Nash, Douglas)
September 29, 2021 Filing 140 Case transferred in from District of New York Southern; Case Number 1:20-cv-05502. electronically transferred when case opened
September 29, 2021 TEXT Notice pursuant to General Order 12 of Potential Related Case, submitted to District Judge Thomas J. McAvoy for review and determination. Potential Related case: 1:20-CV-690 (TJM/CFH). (jmb)
September 21, 2021 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York.(yv) [Transferred from New York Southern on 9/29/2021.]
September 21, 2021 Opinion or Order Filing 139 MEMORANDUM OPINION & ORDER re: #58 MOTION to Dismiss For Failure to State a Claim. filed by Vetter Pharma International GMBH, #43 MOTION to Dismiss . MOTION to Transfer Case . MOTION to Stay (Motion to Dismiss, Transfer, or Stay). filed by Vetter Pharma International GMBH, #68 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated November 2, 2020. filed by Regeneron Pharmaceuticals Inc., #40 MOTION to Dismiss . MOTION to Transfer Case or. MOTION to Stay (Motion to Dismiss, Transfer, or Stay). filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC, #57 LETTER MOTION for Oral Argument on Motion to Dismiss For Failure to State a Claim addressed to Judge Alison J. Nathan from Ian Simmons dated October 15, 2020. filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC, #55 MOTION to Dismiss For Failure to State A Claim. filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. Defendants' motion to transfer is GRANTED. Regeneron's request for oral argument is denied as moot. In light of Plaintiff's amended complaint, the Court hereby denies as moot Defendants' motions to dismiss the original complaint for failure to state a claim and related oral argument request. The Court does not reach Defendants' motions to dismiss the amended complaint for failure to state a claim nor the parties' various motions to seal. This resolves Dkt. Nos. 40, 43 55, 57, 58, 68. The Clerk of Court is respectfully directed to transfer this matter to the Northern District of New York. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/21/21) (yv) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/29/2021.]
September 10, 2021 Opinion or Order Filing 138 STIPULATION AND ORDER REGARDING DEPOSITIONS: IT IS NOW, THEREFORE, HEREBY STIPULATED AND AGREED, by and between the Parties, through their undersigned attorneys and subject to the Court's approval, that: 1. Plaintiff may take sixteen (16) total depositions of Defendants, including one (1) Federal Rule of Civil Procedure 30(b)(6) deposition of each Defendant; 2. Defendants may take twelve (12) total depositions of Plaintiff, including one (1) Federal Rule of Civil Procedure 30(b)(6) deposition per Defendant; 3. The Parties are each limited to fourteen (14) total hours of 30(b)(6) deposition testimony; 4. Non-parties are not included in the number of depositions permitted to be taken by Plaintiff or Defendants; 5. Former employees of Plaintiff or Defendants are included in the number of depositions permitted to be taken by Plaintiff or Defendants. The Parties reserve all other rights and remedies available under the Federal Rules of Civil Procedure, this Courts Local Rules, and this Court's Individual Practices. ( As further set forth in this Order.) Based on the foregoing stipulation, and good cause appearing therefore, IT IS SO ORDERED this 10 day of, September 2021. (Signed by Judge Alison J. Nathan on 9/10/2021) (vfr) [Transferred from New York Southern on 9/29/2021.]
September 10, 2021 Filing 137 LETTER addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated September 10, 2021 re: Depositions. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Text of Proposed Order - Stipulation and [Proposed] Order Regarding Depositions).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
July 19, 2021 Filing 136 LETTER addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated July 19, 2021 re: Response to July 16, 2021 letter submitted by the Novartis Defendants. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
July 16, 2021 Filing 135 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated July 16, 2021 re: Northern District Case Updates. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Regeneron's Answer in Novartis v. Regeneron).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
July 12, 2021 Filing 134 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated July 12, 2021 re: Pending Motions. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
June 23, 2021 Opinion or Order Filing 133 STIPULATION AND ORDER MODIFYING CASE SCHEDULE: IT IS NOW, THEREFORE, HEREBY STIPULATED AND AGREED, by and between the Parties, through their undersigned attorneys and subject to the Court's approval, that: 1. The First Amended Case Schedule (ECF No. 81-2) is hereby modified according to the following Second Amended Case Schedule. (As further set forth herein.), (Expert Discovery due by 5/16/2022., Fact Discovery due by 12/2/2021., Motions due by 6/27/2022., Responses due by 8/8/2022, Replies due by 9/8/2022.) (Signed by Judge Alison J. Nathan on 6/22/2021) (nb) [Transferred from New York Southern on 9/29/2021.]
June 23, 2021 Opinion or Order Filing 132 STIPULATED ORDER ESTABLISHING PROTOCOL FOR CROSS-USE OF DISCOVERY PREVIOUSLY PRODUCED BEFORE THE U.S. INTERNATIONAL TRADE COMMISSION: Regeneron Pharmaceuticals, Inc. ("Regeneron") and Defendants Novartis Pharma AG, Novartis Technology LLC, Novartis Pharmaceuticals Corporation and Vetter Pharma International GmbH (collectively, "Defendants") (Regeneron and Defendants, collectively, "Parties"), by and through their undersigned counsel, have entered into the "ITC Cross Use Agreement" attached hereto as Exhibit A in order to expedite discovery, conserve judicial resources over unnecessary discovery disputes, and to avoid duplicative discovery. The Parties hereby stipulate to terms set forth in Exhibit A permitting certain discovery previously produced by the Parties before the U.S. International Trade Commission to be produced in the above captioned case, and the Court orders as follows. Based on the foregoing stipulation, and good cause appearing therefore, IT IS SO ORDERED this 22nd day of June, 2021. (Signed by Judge Alison J. Nathan on 6/22/2021) (va) [Transferred from New York Southern on 9/29/2021.]
June 21, 2021 Filing 131 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated June 21, 2021 re: Corrected Stipulation and [Proposed] Order Modifying Case Schedule. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Exhibit A - Corrected Stipulation and [Proposed] Order Modifying Case Schedule).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
June 15, 2021 Filing 130 PROPOSED STIPULATION AND ORDER. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit A - ITC Cross Use Agreement).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
June 14, 2021 Filing 129 PROPOSED STIPULATION AND ORDER. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Exhibit A - Second Amended Case Schedule).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
June 14, 2021 Filing 128 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated June 14, 2021 re: Stipulation and [Proposed] Order Modifying Case Schedule. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
June 2, 2021 Opinion or Order Filing 127 ORDER granting #126 Motion for Christopher Pepe to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
May 26, 2021 Filing 126 MOTION for Christopher Pepe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24590683. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order).(Pepe, Christopher) [Transferred from New York Southern on 9/29/2021.]
May 26, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #126 MOTION for Christopher Pepe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24590683. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 9/29/2021.]
May 12, 2021 Opinion or Order Filing 125 ORDER granting #124 Motion for Robert T. Vlasis to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
May 11, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #124 MOTION for Robert T. Vlasis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24518177. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 9/29/2021.]
May 10, 2021 Filing 124 MOTION for Robert T. Vlasis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24518177. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Affidavit Robert T. Vlasis, #2 Certificate of Good Standing - Texas Supreme Court, #3 Certificate of Good Standing - D.C. Bar, #4 Text of Proposed Order).(Vlasis, Robert) [Transferred from New York Southern on 9/29/2021.]
May 5, 2021 Opinion or Order Filing 123 NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER. Counsel for Regeneron Pharmaceuticals, Inc. ("Regeneron") respectfully withdraws the appearance of Lynda Nguyen in the above-captioned matter because she is no longer serving as in-house counsel for Regeneron on this matter. Regeneron further requests that Ms. Nguyen's name be removed or marked withdrawn from the case docket, that the Clerk terminate the delivery of all Notices of Electronic Filing addressed to Lynda.Nguyen@regeneron.com and that Ms. Nguyen's name be removed from any applicable service lists. No other attorney is withdrawing his or her appearance by this notice. All other attorneys of record will continue to serve as counsel for Regeneron. So ordered. (Attorney Lynda Quang Nguyen terminated.) (Signed by Judge Alison J. Nathan on 5/4/2021) (rjm) [Transferred from New York Southern on 9/29/2021.]
May 3, 2021 Filing 122 ***SELECTED PARTIES*** LETTER addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated May 3, 2021 re: Submission of Confidential ITC Staff Brief. Document filed by Regeneron Pharmaceuticals Inc., Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Novartis Pharma AG, Vetter Pharma International GMBH. (Attachments: #1 Exhibit A - Confidential ITC Staff Brief (Under Seal))Motion or Order to File Under Seal: #121 .(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
May 3, 2021 Filing 121 LETTER MOTION to Seal (Unopposed Request to Seal ITC Staff Brief) addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated May 3, 2021. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
April 29, 2021 Filing 120 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
April 16, 2021 Filing 119 LETTER addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated April 16, 2021 re: NDNY Status Report. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit A - NDNY Status Report, #2 Exhibit B - Regeneron's April 16, 2021 IPR Petition, #3 Exhibit C - PTAB Decision on Prior IPR Petition).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
April 12, 2021 Filing 118 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim. . Document filed by Vetter Pharma International GMBH, Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. Motion or Order to File Under Seal: #116 .(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
April 12, 2021 Filing 117 REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim. . Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
April 12, 2021 Filing 116 LETTER MOTION to Seal Vetter's Reply in Support of Motion to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim addressed to Judge Alison J. Nathan from Benjamin T. Horton dated April 12, 2021. Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
April 12, 2021 Filing 115 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #89 MOTION to Dismiss for Failure to State a Claim. . Document filed by Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Novartis Pharma AG, Regeneron Pharmaceuticals Inc., Vetter Pharma International GMBH. Motion or Order to File Under Seal: #113 .(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
April 12, 2021 Filing 114 REPLY MEMORANDUM OF LAW in Support re: #89 MOTION to Dismiss for Failure to State a Claim. (REDACTED). Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
April 12, 2021 Filing 113 LETTER MOTION to Seal and Redact Reply in Support of Motion to Dismiss (UNOPPOSED) addressed to Judge Alison J. Nathan from Ian Simmons dated April 12, 2021. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
April 12, 2021 Filing 112 LETTER addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated April 12, 2021 re: Response to #109 Letter Advising the Court of Motion to Terminate ITC Action and ITC Staff Brief. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit A - ITC Staff Brief, #2 Exhibit B - Correspondence with Counsel for Novartis).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
April 9, 2021 Filing 111 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated April 9, 2021 re: Staff's Pre-Hearing Brief in ITC. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Exhibit 1 - ITC Staff Prehearing Brief (p. 1-60), #2 Exhibit 1 - ITC Staff Prehearing Brief (p. 61-133), #3 Exhibit 1 - ITC Staff Prehearing Brief (p. 134-206)).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
April 8, 2021 Filing 110 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated April 8, 2021 re: Termination of ITC Action. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Exhibit 1 - ITC Motion to Terminate, #2 Exhibit 2 - McGuire Letter to Judge McAvoy).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
April 7, 2021 Filing 109 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated April 7, 2021 re: Motion to Terminate ITC Action. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Exhibit 1 - Trainor Email to Chow).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
March 22, 2021 Filing 108 ***SELECTED PARTIES***DECLARATION of Eric S. Hochstadt in Opposition re: #94 MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim., #89 MOTION to Dismiss for Failure to State a Claim.. Document filed by Regeneron Pharmaceuticals Inc., Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Vetter Pharma International GMBH. (Attachments: #1 Exhibit A Fourth Lucentis Amendment between Defendants, #2 Exhibit B Seventh Lucentis Amendment between Defendants, #3 Exhibit C correspondence regarding Vetter inventors, #4 Exhibit D correspondence regarding ITC productions in the SDNY case, #5 Exhibit E the 631 Patent, #6 Exhibit F 2009 Lucentis PFS Development Agreement between Defendants, #7 Exhibit G 2009 Eylea PFS Development Agreement amendment between Regeneron and Vetter)Motion or Order to File Under Seal: #104 .(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
March 22, 2021 Filing 107 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #94 MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim., #89 MOTION to Dismiss for Failure to State a Claim. . Document filed by Regeneron Pharmaceuticals Inc., Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Vetter Pharma International GMBH. Motion or Order to File Under Seal: #104 .(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
March 22, 2021 Filing 106 DECLARATION of Eric S. Hochstadt in Opposition re: #94 MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim., #89 MOTION to Dismiss for Failure to State a Claim.. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
March 22, 2021 Filing 105 MEMORANDUM OF LAW in Opposition re: #94 MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim., #89 MOTION to Dismiss for Failure to State a Claim. . Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
March 22, 2021 Filing 104 CONSENT LETTER MOTION to Seal Regeneron's Opposition to Defendants' Motions to Dismiss addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated March 22, 2021. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
March 2, 2021 Opinion or Order Filing 103 AMENDED STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Nothing in this Order affects the parties' obligation to comply with Rule 4 of the Court's Individual Practices in Civil Cases governing redactions and filing under seal, or with any of the Court's other Individual Practices as relevant. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/2/2021) (kv) [Transferred from New York Southern on 9/29/2021.]
February 26, 2021 Opinion or Order Filing 102 STIPULATED ORDER ESTABLISHING PROTOCOL FOR PRODUCTION OF DISCOVERY PREVIOUSLY PRODUCED BEFORE THE U.S. INTERNATIONAL TRADE COMMISSION. Regeneron Pharmaceuticals, Inc. ("Regeneron") and Defendants Novartis Pharma AG, Novartis Technology LLC, Novartis Pharmaceuticals Corporation and Vetter Pharma International GmbH (collectively, "Defendants") (Regeneron and Defendants, collectively, "Parties"), by and through their undersigned counsel, have entered into the "ITC Production Agreement" attached hereto as Exhibit A in order to expedite discovery, conserve judicial resources over unnecessary discovery disputes, and to avoid duplicative discovery. The Parties hereby stipulate to terms set forth in Exhibit A permitting certain discovery previously produced by the Parties before the U.S. International Trade Commission to be produced in the above captioned case, and the Court orders as follows. ORDER. Based on the foregoing stipulation, and good cause appearing therefore, IT IS SO ORDERED this 26th day of, February 2021. (Signed by Judge Alison J. Nathan on 2/26/2021) (rjm) [Transferred from New York Southern on 9/29/2021.]
February 26, 2021 Opinion or Order Filing 101 ORDER granting #100 CONSENT LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated February 26, 2021. Document filed by Regeneron Pharmaceuticals Inc. So ordered. (Signed by Judge Alison J. Nathan on 2/26/2021) (rjm) [Transferred from New York Southern on 9/29/2021.]
February 26, 2021 Filing 100 CONSENT LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated February 26, 2021. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
February 26, 2021 Set/Reset Deadlines: Responses due by 3/22/2021. Replies due by 4/12/2021. (rjm) [Transferred from New York Southern on 9/29/2021.]
February 24, 2021 Filing 99 NOTICE OF APPEARANCE by Lynda Quang Nguyen on behalf of Regeneron Pharmaceuticals Inc...(Nguyen, Lynda) [Transferred from New York Southern on 9/29/2021.]
February 24, 2021 Filing 98 PROPOSED STIPULATION AND ORDER. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit A - ITC Production Agreement).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
February 24, 2021 Filing 97 PROPOSED STIPULATION AND ORDER. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit A -Proposed Amended Stipulated Protective Order, #2 Exhibit B - ITC Production Agreement).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 96 ***SELECTED PARTIES*** MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim. Document filed by Vetter Pharma International GMBH, Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC.Motion or Order to File Under Seal: #95 .(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 95 LETTER MOTION to Seal Vetter's Motion to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim addressed to Judge Alison J. Nathan from Benjamin Horton dated 2/22/2021. Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 94 MOTION to Dismiss Regeneron's First Amended Complaint for Failure to State a Claim. Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 93 LETTER MOTION for Oral Argument on Novartis's Motion to Dismiss the First Amended Complaint addressed to Judge Alison J. Nathan from Ian Simmons dated February 22, 2021. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 92 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #89 MOTION to Dismiss for Failure to State a Claim. . Document filed by Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Novartis Pharma AG, Regeneron Pharmaceuticals Inc., Vetter Pharma International GMBH. Motion or Order to File Under Seal: #91 .(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 91 LETTER MOTION to Seal Novartis's Memorandum of Law in Support of Its Motion to Dismiss the First Amended Complaint addressed to Judge Alison J. Nathan from Ian Simmons dated February 22, 2021. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 90 MEMORANDUM OF LAW in Support re: #89 MOTION to Dismiss for Failure to State a Claim. . Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
February 22, 2021 Filing 89 MOTION to Dismiss for Failure to State a Claim. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
January 25, 2021 Filing 88 ***SELECTED PARTIES***FIRST AMENDED COMPLAINT amending #1 Complaint, against Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Novartis Pharma AG, Vetter Pharma International GMBH with JURY DEMAND.Document filed by Novartis Pharmaceuticals Corporation, Regeneron Pharmaceuticals Inc., Novartis Technology LLC, Novartis Pharma AG, Vetter Pharma International GMBH. Related document: #1 Complaint,.Motion or Order to File Under Seal: #86 .(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
January 25, 2021 Filing 87 FIRST AMENDED COMPLAINT amending #1 Complaint, against Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Vetter Pharma International GMBH with JURY DEMAND.Document filed by Regeneron Pharmaceuticals Inc.. Related document: #1 Complaint,..(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
January 25, 2021 Opinion or Order Filing 86 ORDER granting #79 Letter Motion to Seal: Plaintiff's motion to file the unredacted version of its First Amended Complaint under seal and to maintain the redactions on the publicly filed version of the First Amended Complaint is hereby GRANTED. The Court grants Plaintiff's motion after applying the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are judicial documents; (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "[T]he mere existence of a confidentiality order says nothing about whether complete reliance on the order to avoid disclosure [is] reasonable." ld. at 125-26. Nonetheless, having reviewed the proposed redactions, the Court finds that the requests are narrowly tailored to protect competitive business information, including the non-public terms of patent licensing agreements, commercial development agreements, and the subsequent amendments. As a result, the Court concludes that the sensitivity of this information outweighs the presumption of access contemplated in the third Lugosch factor. (Signed by Judge Alison J. Nathan on 1/25/2021) (jwh) [Transferred from New York Southern on 9/29/2021.]
January 25, 2021 Opinion or Order Filing 85 ORDER GRANTING REGENERONS UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO MODIFY CASE SCHEDULE granting #80 Motion for Leave to File Document. Before this Court is Regeneron Pharmaceuticals, Inc.'s ("Regeneron") Unopposed Motion for Leave to File its First Amended Complaint and to Modify the Case Schedule pursuant to Federal Rules of Civil Procedure 15(a)(2) and 16(b)(4). Regeneron's Motion is hereby GRANTED. Regeneron is granted leave to file a public redacted version of the First Amended Complaint and a sealed unredacted version with the Court. The Case Schedule (ECF No. 65) is also hereby modified according to the First Amended Case Schedule. Defendants may file their renewed motion(s) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) within 28 days of the filing of Regeneron's First Amended Complaint. To minimize re-briefing, Defendants may incorporate by reference briefing on their original Rule 12(b)(6) motions to dismiss. SO ORDERED this 25th day of January, 2021.. (Signed by Judge Alison J. Nathan on 1/25/2021) (ks) Modified on 1/25/2021 (ks). [Transferred from New York Southern on 9/29/2021.]
January 25, 2021 Filing 84 NOTICE OF APPEARANCE by Jessica Falk on behalf of Regeneron Pharmaceuticals Inc...(Falk, Jessica) [Transferred from New York Southern on 9/29/2021.]
January 21, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #83 Proposed Order was reviewed and approved as to form. (km) [Transferred from New York Southern on 9/29/2021.]
January 20, 2021 Filing 83 PROPOSED ORDER. Document filed by Regeneron Pharmaceuticals Inc.. Related Document Number: #80 ..(Hochstadt, Eric) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 9/29/2021.]
January 20, 2021 Filing 82 ***SELECTED PARTIES***DECLARATION of Eric S. Hochstadt in Support re: #80 MOTION for Leave to File First Amended Complaint and to Modify Case Schedule.. Document filed by Regeneron Pharmaceuticals Inc., Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Vetter Pharma International GMBH. (Attachments: #1 Exhibit A - Unredacted First Amended Complaint (Sealed), #2 Exhibit B - Redline Comparison of First Amended Complaint to Original Complaint (Sealed))Motion or Order to File Under Seal: #79 .(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
January 20, 2021 Filing 81 DECLARATION of Eric S. Hochstadt in Support re: #80 MOTION for Leave to File First Amended Complaint and to Modify Case Schedule.. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit A - Redacted First Amended Complaint (Public), #2 Exhibit B - First Amended Case Schedule (Public)).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
January 20, 2021 Filing 80 MOTION for Leave to File First Amended Complaint and to Modify Case Schedule. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
January 20, 2021 Filing 79 LETTER MOTION to Seal and Redact First Amended Complaint addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated January 20, 2021. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
January 5, 2021 Opinion or Order Filing 78 STIPULATED ORDER ESTABLISHING PROTOCOL FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION: Pursuant to the Court's Initial Pretrial Conference (ECF No. 23), and upon agreement of the Parties for an order establishing protocol for discovery of electronically stored information ("ESI"), Regeneron Pharmaceuticals, Inc. ("Regeneron" or "Plaintiff") and Defendants Novartis Pharma AG, Novartis Technology LLC, Novartis Pharmaceuticals Corporation, and Vetter Pharma International GmbH (collectively, "Defendants") (Regeneron and Defendants, collectively, "Parties") hereby stipulate and the Court orders as follows: (As further set forth herein.) Based on the foregoing stipulation, and good cause appearing therefore, IT IS SO ORDERED this 4th day of January, 2021. (Signed by Judge Alison J. Nathan on 1/4/2021) (va) [Transferred from New York Southern on 9/29/2021.]
December 23, 2020 Filing 77 PROPOSED STIPULATION AND ORDER. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
December 22, 2020 Opinion or Order Filing 76 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...Nothing in this Order affectsthe parties' obligation to comply with Rule 4 of the Court's Individual Practices in Civil Cases governing redactions and filing under seal, or with any of the Court's other Individual Practices as relevant. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/22/2020) (ks) [Transferred from New York Southern on 9/29/2021.]
December 22, 2020 Filing 75 LETTER addressed to Judge Alison J. Nathan from Ian Simmons dated December 22, 2020 re: Pending Motions. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
December 1, 2020 Filing 74 PROPOSED PROTECTIVE ORDER. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
November 11, 2020 Filing 73 LETTER addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated November 11, 2020 re: November 2, 2020 Scheduling Order (ECF No. 65). Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
November 9, 2020 Filing 72 REPLY MEMORANDUM OF LAW in Support re: #58 MOTION to Dismiss For Failure to State a Claim. . Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
November 9, 2020 Filing 71 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss For Failure to State A Claim. . Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
November 9, 2020 Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/2/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) [Transferred from New York Southern on 9/29/2021.]
November 9, 2020 Filing 69 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/2/2020 before Judge Alison J. Nathan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/8/2021..(McGuirk, Kelly) [Transferred from New York Southern on 9/29/2021.]
November 2, 2020 Filing 68 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated November 2, 2020. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
November 2, 2020 Filing 67 DECLARATION of Eric S. Hochstadt in Opposition re: #58 MOTION to Dismiss For Failure to State a Claim., #55 MOTION to Dismiss For Failure to State A Claim.. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit A - Vetters October 2013 Sublicense Demand, #2 Exhibit B - Agreement between Vetter and Regeneron, #3 Exhibit C - Novartis's ITC Case Disclosure of Licensee Vetter).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
November 2, 2020 Filing 66 MEMORANDUM OF LAW in Opposition re: #58 MOTION to Dismiss For Failure to State a Claim., #55 MOTION to Dismiss For Failure to State A Claim. . Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
November 2, 2020 Opinion or Order Filing 65 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. All fact discovery is to be completed no later than 10 months after IPC. Depositions shall be completed by close of fact discovery. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by 165 days from fact discovery. Summary Judgment and Daubert motions are to be filed within 30 days of the close of all discovery. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report. This case is to be tried to a jury. Case Management Conference set for 12/10/2021 at 03:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 11/2/2020) (jwh) [Transferred from New York Southern on 9/29/2021.]
November 2, 2020 Minute Entry for proceedings held before Judge Alison J. Nathan: Initial Pretrial Conference held on 11/2/2020. See Order. (Court Reporter Khris Sellin) (kwi) [Transferred from New York Southern on 9/29/2021.]
October 30, 2020 Opinion or Order Filing 64 ORDER: Due to a scheduling conflict, the initial pre-trial conference scheduled for today at 3:45 p.m. is hereby adjourned to Monday, November 2, 2020 at 3 p.m. At that time, the parties and members of the public may access the Court's dedicated conference line by calling (888) 363-4749 and entering access code 919-6964#. SO ORDERED. (Initial Conference set for 11/2/2020 at 03:00 PM before Judge Alison J. Nathan). (Signed by Judge Alison J. Nathan on 10/30/2020) (rjm) [Transferred from New York Southern on 9/29/2021.]
October 28, 2020 Opinion or Order Filing 63 MEMO ENDORSEMENT on re: #62 Status Report filed by Regeneron Pharmaceuticals Inc. ENDORSEMENT: The initial pretrial conference is hereby re-scheduled to October 30, 2020 at 3:45 p.m. It will proceed by teleconference. At 3:45 p.m. on October 30, the parties shall call (888) 363-4749 and enter access code 9196964#. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/28/2020) (ks) Telephone Conference set for 10/30/2020 at 03:45 PM before Judge Alison J. Nathan. Modified on 11/6/2020 (ks). [Transferred from New York Southern on 9/29/2021.]
October 23, 2020 Filing 62 STATUS REPORT. (Joint Status Letter) Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Text of Proposed Order Case Management Plan and (proposed) Scheduling Order).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
October 23, 2020 Opinion or Order Filing 61 ORDER: granting #59 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/23/2020) (ama) [Transferred from New York Southern on 9/29/2021.]
October 22, 2020 Opinion or Order Filing 60 ORDER. On October 19, 2020, Defendant Regeneron Pharmaceuticals, Inc. filed a motion to dismiss. Dkt. No. 55. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before October 29, 2020, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendants' October 19, 2020 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendants' briefing, and as further set forth in this Order. If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they rely on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/21/2020) (rjm) [Transferred from New York Southern on 9/29/2021.]
October 22, 2020 Filing 59 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated October 21, 2020. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
October 19, 2020 Filing 58 MOTION to Dismiss For Failure to State a Claim. Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
October 19, 2020 Filing 57 LETTER MOTION for Oral Argument on Motion to Dismiss For Failure to State a Claim addressed to Judge Alison J. Nathan from Ian Simmons dated October 15, 2020. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
October 19, 2020 Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss For Failure to State A Claim. . Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
October 19, 2020 Filing 55 MOTION to Dismiss For Failure to State A Claim. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
October 14, 2020 Opinion or Order Filing 54 ORDER. The Court is in receipt of Defendants' letter motion requesting that the Court extend Defendants' responsive pleading deadline from October 19, 2020 until 30 days after the Court resolves the Defendants' Motions to Dismiss, Transfer, or Stay, Dkt. Nos. 40, 43, and that the Court continue the initial case management conference at least until after the parties' dispute over venue is resolved. Dkt. No. 50. The Court is also in receipt of the Plaintiff's opposition. Dkt. No. 53. Having carefully considered the parties' arguments, Defendants' request to extend their responsive pleading deadline until 30 days after the Court resolves their pending Motion to Dismiss, Transfer, or Stay, Dkt. No. 40, is hereby DENIED. In addition, Defendants' request to adjourn the initial case management conference is DENIED. In light of the COVID-19 public health crisis, the Court will not hold the initial conference in this case in person. Counsel should submit their proposed case management plan and joint letter seven days prior to the scheduled conference, as directed in the Court's Notice of Initial Pretrial Conference. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, albeit perhaps at a different time than the currently scheduled time. To that end, counsel should indicate in their joint letter all times on the date of the scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. Denying #50 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Alison J. Nathan from Ian Simmons dated September 23, 2020. LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Ian Simmons dated September 23, 2020. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Signed by Judge Alison J. Nathan on 10/14/2020) (rjm) [Transferred from New York Southern on 9/29/2021.]
September 25, 2020 Filing 53 LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated September 25, 2020 re: #50 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Alison J. Nathan from Ian Simmons dated September 23, 2020. LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Ian Simmons dated September 23, 2020. . Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
September 24, 2020 Opinion or Order Filing 52 ORDER with respect to #50 Letter Motion for Extension of Time to Answer; with respect to #50 Letter Motion to Adjourn Conference. Plaintiff is hereby ORDERED to respond to Defendants' requests by September 29, 2020. (Signed by Judge Alison J. Nathan on 9/24/2020) (rro) [Transferred from New York Southern on 9/29/2021.]
September 24, 2020 Set/Reset Deadlines: Responses due by 9/29/2020 (rro) [Transferred from New York Southern on 9/29/2021.]
September 23, 2020 Filing 51 REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss . MOTION to Transfer Case . MOTION to Stay (Motion to Dismiss, Transfer, or Stay). . Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
September 23, 2020 Filing 50 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Alison J. Nathan from Ian Simmons dated September 23, 2020., LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Ian Simmons dated September 23, 2020. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
September 23, 2020 Filing 49 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss . MOTION to Transfer Case or. MOTION to Stay (Motion to Dismiss, Transfer, or Stay). . Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
September 21, 2020 Opinion or Order Filing 48 ORDER granting #44 Motion for Julianne M. Hartzell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
September 16, 2020 Filing 47 DECLARATION of Kenneth S. Graham in Opposition re: #43 MOTION to Dismiss . MOTION to Transfer Case . MOTION to Stay (Motion to Dismiss, Transfer, or Stay)., #40 MOTION to Dismiss . MOTION to Transfer Case or. MOTION to Stay (Motion to Dismiss, Transfer, or Stay).. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
September 16, 2020 Filing 46 DECLARATION of Eric S. Hochstadt in Opposition re: #43 MOTION to Dismiss . MOTION to Transfer Case . MOTION to Stay (Motion to Dismiss, Transfer, or Stay)., #40 MOTION to Dismiss . MOTION to Transfer Case or. MOTION to Stay (Motion to Dismiss, Transfer, or Stay).. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Exhibit 1- Email Chain Between Parties' Counsel, #2 Exhibit 2 -Novartis's ITC Case Disclosure of Licensee Vetter, #3 Exhibit 3 -ITC Case Schedule Proposals, #4 Exhibit 4 - ITC Case Schedule, #5 Exhibit 5 - French Competition Authority Enforcement Action Press Release, #6 Exhibit 6 - Albany International Flight Routes, #7 Exhibit 7 - Second Circuit Case Management Statistics).(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
September 16, 2020 Filing 45 MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss . MOTION to Transfer Case . MOTION to Stay (Motion to Dismiss, Transfer, or Stay)., #40 MOTION to Dismiss . MOTION to Transfer Case or. MOTION to Stay (Motion to Dismiss, Transfer, or Stay). . Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
September 14, 2020 Filing 44 AMENDED MOTION for Julianne M. Hartzell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vetter Pharma International GMBH. (Attachments: #1 Affidavit of Julianne M. Hartzell In Support of Corrected Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Hartzell, Julianne) [Transferred from New York Southern on 9/29/2021.]
September 14, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 AMENDED MOTION for Julianne M. Hartzell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 9/29/2021.]
September 4, 2020 Filing 43 MOTION to Dismiss ., MOTION to Transfer Case ., MOTION to Stay (Motion to Dismiss, Transfer, or Stay). Document filed by Vetter Pharma International GMBH..(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
September 4, 2020 Filing 42 DECLARATION of Ian Simmons in Support re: #40 MOTION to Dismiss . MOTION to Transfer Case or. MOTION to Stay (Motion to Dismiss, Transfer, or Stay).. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Exhibit 1 - Copy of Novartis's complaint against Regeneron in Novartis Pharma AG v. Regeneron Pharm., Inc., No. 1:20-cv-00690-TJM-CFH (N.D.N.Y.), #2 Exhibit 2 - Novartis's Complaint against Regeneron in the International Trade Commission, #3 Exhibit 3 - Regeneron's Response to the Complaint and Notice of Investigation in the International Trade Commission, #4 Exhibit 4 - Regeneron's Motion to Stay Novartis Pharma AG v. Regeneron Pharm., Inc., No. 1:20-cv-00690-TJM-CFH (N.D.N.Y.), #5 Exhibit 5 - Copy of the article Regeneron Will Spend up to $620 Million in Capital Expenditure This Year, published in the Albany Business Review on Feb. 24, 2020).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
September 4, 2020 Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss . MOTION to Transfer Case or. MOTION to Stay (Motion to Dismiss, Transfer, or Stay). . Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
September 4, 2020 Filing 40 MOTION to Dismiss ., MOTION to Transfer Case or., MOTION to Stay (Motion to Dismiss, Transfer, or Stay). Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
September 4, 2020 Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG for Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC..(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
September 4, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Julianne M. Hartzell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21483271. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit not notarized.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) [Transferred from New York Southern on 9/29/2021.]
September 3, 2020 Opinion or Order Filing 38 ORDER granting #33 Motion for Benjamin T. Horton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
September 3, 2020 Opinion or Order Filing 37 ORDER granting #32 Motion for Benjamin G. Bradshaw to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
September 3, 2020 Opinion or Order Filing 36 ORDER granting #31 Motion for Ian Simmons to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
September 3, 2020 Opinion or Order Filing 35 ORDER granting #30 Motion for Stephen J. McIntyre to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
September 3, 2020 Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Julianne M. Hartzell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21483271. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vetter Pharma International GMBH. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order).(Hartzell, Julianne) Modified on 9/4/2020 (bcu). [Transferred from New York Southern on 9/29/2021.]
September 3, 2020 Filing 33 MOTION for Benjamin T. Horton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21481872. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vetter Pharma International GMBH. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice Admission of Benjamin T. Horton, #2 Text of Proposed Order).(Horton, Benjamin) [Transferred from New York Southern on 9/29/2021.]
September 3, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Benjamin T. Horton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21481872. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. The applicant states in the affidavit due to COVID-19, cannot obtain Certificates of Good Standing within the required time frame. The applicant must submit Certificate from Illinois once received. (aea) [Transferred from New York Southern on 9/29/2021.]
August 25, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Stephen J. McIntyre to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21301391. Motion and supporting papers to be reviewed by Clerk's Office staff., #31 MOTION for Ian Simmons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21302200. Motion and supporting papers to be reviewed by Clerk's Office staff., #32 MOTION for Benjamin G. Bradshaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21303290. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 9/29/2021.]
August 24, 2020 Filing 32 MOTION for Benjamin G. Bradshaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21303290. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Declaration of Benjamin G. Bradshaw in Support of Motion for Admission Pro Hac Vice, #2 California Certificate of Good Standing, #3 District of Columbia Certificate of Good Standing, #4 Text of Proposed Order).(Bradshaw, Benjamin) [Transferred from New York Southern on 9/29/2021.]
August 24, 2020 Filing 31 MOTION for Ian Simmons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21302200. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Declaration of Ian Simmons in Support of Motion for Admission Pro Hac Vice, #2 Pennsylvania Certificate of Good Standing, #3 District of Columbia Certificate of Good Standing, #4 Text of Proposed Order).(Simmons, Ian) [Transferred from New York Southern on 9/29/2021.]
August 24, 2020 Filing 30 MOTION for Stephen J. McIntyre to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21301391. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC. (Attachments: #1 Declaration of Stephen J. McIntyre in Support of Motion for Admission Pro Hac Vice, #2 California Certificate of Good Standing, #3 Text of Proposed Order).(McIntyre, Stephen) [Transferred from New York Southern on 9/29/2021.]
August 11, 2020 Filing 29 NOTICE OF APPEARANCE by Brian Edward Ferguson on behalf of Regeneron Pharmaceuticals Inc...(Ferguson, Brian) [Transferred from New York Southern on 9/29/2021.]
August 4, 2020 Opinion or Order Filing 28 ORDER granting #27 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/4/2020) (ks) [Transferred from New York Southern on 9/29/2021.]
August 4, 2020 Set/Reset Deadlines: Novartis Pharma AG answer due 10/19/2020; Novartis Pharmaceuticals Corporation answer due 10/19/2020; Novartis Technology LLC answer due 10/19/2020; Vetter Pharma International GMBH answer due 10/19/2020. (ks) [Transferred from New York Southern on 9/29/2021.]
August 3, 2020 Filing 27 LETTER MOTION for Extension of Time to answer or otherwise respond to Plaintiff's Complaint addressed to Judge Alison J. Nathan from Eric S. Hochstadt dated August 3, 2020. Document filed by Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
July 31, 2020 Opinion or Order Filing 26 ORDER granting #17 Motion for Steven Newborn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
July 31, 2020 Opinion or Order Filing 25 ORDER granting #16 Motion for Michael R. Moiseyev to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
July 31, 2020 Opinion or Order Filing 24 ORDER granting #15 Motion for Anish R. Desai to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi) [Transferred from New York Southern on 9/29/2021.]
July 30, 2020 Opinion or Order Filing 23 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/30/2020 at 03:15 PM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 7/29/2020) (rjm) [Transferred from New York Southern on 9/29/2021.]
July 30, 2020 Filing 22 NOTICE OF APPEARANCE by James Tori Evans on behalf of Regeneron Pharmaceuticals Inc...(Evans, James) [Transferred from New York Southern on 9/29/2021.]
July 29, 2020 Filing 21 NOTICE OF APPEARANCE by Petra Scamborova on behalf of Regeneron Pharmaceuticals Inc...(Scamborova, Petra) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Novartis Technology LLC waiver sent on 7/21/2020, answer due 9/21/2020. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Novartis Pharmaceuticals Corporation waiver sent on 7/21/2020, answer due 9/21/2020. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Novartis Pharma AG waiver sent on 7/21/2020, answer due 9/21/2020. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 Filing 17 MOTION for Steven Newborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20862239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Affidavit of Steven Newborn, #2 District of Columbia Certificate of Good Standing, #3 New York State Certificate of Good Standing, #4 Text of Proposed Order).(Newborn, Steven) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 Filing 16 MOTION for Michael R. Moiseyev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20861978. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Affidavit of Michael R. Moiseyev, #2 District of Columbia Certificate of Good Standing, #3 Text of Proposed Order).(Moiseyev, Michael) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 Filing 15 MOTION for Anish R. Desai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20861387. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals Inc.. (Attachments: #1 Declaration of Anish R. Desai, #2 New York State Certificate of Good Standing, #3 District of Columbia Certificate of Good Standing, #4 Text of Proposed Order).(Desai, Anish) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Anish R. Desai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20861387. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 9/29/2021.]
July 27, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Steven Newborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20862239. Motion and supporting papers to be reviewed by Clerk's Office staff., #16 MOTION for Michael R. Moiseyev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20861978. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 9/29/2021.]
July 22, 2020 Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Vetter Pharma International GMBH served on 7/20/2020, answer due 8/10/2020. Service was accepted by Tracie Blaskie. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 20, 2020 Filing 13 ELECTRONIC SUMMONS ISSUED as to Vetter Pharma International GMBH..(dnh) [Transferred from New York Southern on 9/29/2021.]
July 20, 2020 Filing 12 ELECTRONIC SUMMONS ISSUED as to Novartis Technology LLC..(dnh) [Transferred from New York Southern on 9/29/2021.]
July 20, 2020 Filing 11 ELECTRONIC SUMMONS ISSUED as to Novartis Pharmaceuticals Corporation..(dnh) [Transferred from New York Southern on 9/29/2021.]
July 20, 2020 Filing 10 ELECTRONIC SUMMONS ISSUED as to Novartis Pharma AG..(dnh) [Transferred from New York Southern on 9/29/2021.]
July 20, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) [Transferred from New York Southern on 9/29/2021.]
July 20, 2020 Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) [Transferred from New York Southern on 9/29/2021.]
July 20, 2020 Case Designated ECF. (dnh) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 9 NOTICE OF APPEARANCE by Eric Shaun Hochstadt on behalf of Regeneron Pharmaceuticals Inc...(Hochstadt, Eric) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 8 NOTICE OF APPEARANCE by Elizabeth S. Weiswasser on behalf of Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Vetter Pharma International GMBH, re: #1 Complaint,. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Technology LLC, re: #1 Complaint,. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Pharmaceuticals Corporation, re: #1 Complaint,. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Pharma AG, re: #1 Complaint,. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Civil Cover Sheet Related Case Statement).(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]
July 17, 2020 Filing 1 COMPLAINT against Novartis Pharma AG, Novartis Pharmaceuticals Corporation, Novartis Technology LLC, Vetter Pharma International GMBH. (Filing Fee $ 400.00, Receipt Number ANYSDC-20733541)Document filed by Regeneron Pharmaceuticals Inc...(Weiswasser, Elizabeth) [Transferred from New York Southern on 9/29/2021.]

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Search for this case: Regeneron Pharmaceuticals Inc. v. Novartis Pharma AG et al
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Plaintiff: Regeneron Pharmaceuticals, Inc.
Represented By: Anish R Desai
Represented By: Brian E. Ferguson
Represented By: Douglas J. Nash
Represented By: Elizabeth Weiswasser
Represented By: John D. Cook
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Defendant: Novartis Pharma AG
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Defendant: Novartis Technology LLC
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Defendant: Novartis Pharmaceuticals Corporation
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Defendant: Vetter Pharma International GMBH
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