Enzo Biochem, Inc. v. Gen-Probe Inc., et al
Plaintiff: Enzo Biochem, Inc.
Defendant: Chugai Pharmaceutical Co., Ltd., Chugai Pharma U.S.A., Inc., Gen-Probe Incorporated, Biomerieux, Inc., Becton Dickinson and Company and Biomerieux SA
Case Number: 1:1999cv04548
Filed: June 23, 1999
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 25, 2005. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2005 Transmission of USCA for the Federal Circuit Mandate/Order to the District Judge re: 206 USCA Mandate,. (nd, )
October 24, 2005 Filing 206 MANDATE of USCA for the Federal Circuit (Certified Copy) as to 203 Amended Notice of Appeal, filed by Enzo Biochem, Inc., USCA for the Federal Circuit Case Number 04-1570. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Jan Horbaly, Clerk USCA. Issued As Mandate: 10/21/2005. (nd, )
August 25, 2005 Appeal Remark as to 200 Notice of Appeal to the Federal Circuit, filed by Enzo Biochem, Inc., USCA for the Federal Circuit Case Number 04-1570: Mandate Doc # 204 is being returned to USCA for the Federal Circuit. (nd, )
August 22, 2005 Filing 205 TRUE COPY ORDER of USCA for the Federal Circuit as to 203 Amended Notice of Appeal, filed by Enzo Biochem, Inc., USCA for the Federal Circuit Case Number 04-1570. Upon Consideration thereof, IT IS ORDERED THAT, the mandate is hereby recalled and the appeal is reinstated, the case is returned to the original merits panle, no new filing fee will be required and the appeal will be decided without further oral argument, based on the briefs already filed and the previous oral arguments. Jon Horbaly, Clerk USCA. Certified: 8/17/2005. (nd, )
August 22, 2005 Transmission of USCA Mandate/Order to the District Judge re: 205 USCA Order,,. (nd, )
August 11, 2005 Filing 204 MANDATE of USCA for the Federal Circuit(Certified Copy) as to 200 Notice of Appeal to the Federal Circuit, filed by Enzo Biochem, Inc., USCA for the Federal Circuit Case Number 04-1570. Ordered that the appeal is DISMISSED. Jon Horbaly, Clerk USCA. Issued As Mandate: 8/3/2005. (nd, )
August 10, 2005 Filing 203 AMENDED NOTICE OF APPEAL re: 200 Notice of Appeal to the Federal Circuit, 202 Order. Document filed by Enzo Biochem, Inc. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Wilmer, Cutler, Pickering, Hale and Dorr, L.L.P.; Foley, Hoag, L.L.P. (tp, )
August 10, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal circuit re: 203 Amended Notice of Appeal to the Fedreral Circuit. (tp, )
August 10, 2005 Transmission of Notice of Appeal to the District Judge re: 203 Amended Notice of Appeal to the Federal Circuit. (tp, )
August 2, 2005 Opinion or Order Filing 202 ORDER, Defendants have consented to dismiss their pending counterclaim without prejudice, preserving only their right to revive them in the event of a remand form the Court of Appeals for the Federal Circuit. If there is no remand, then the claims will remain dismissed. Accordingly, I order the counterclaim dismissed on consent without costs, and with prejudice and with leave to reinstate the counterclaim by notice of motion within 20 days following a mandate from the Court of Appeal for the Federal Circuit. The status conference called for August 12, 2005 is cancelled. The Clerk shall mark the matter "closed". (Signed by Judge Alvin K. Hellerstein on 7/29/05) (dt, )
July 25, 2005 Opinion or Order Filing 201 ORDER REGULATING PROCEEDINGS: I shall meet with counsel on 8/12/05 at 9:30 a.m. to discuss further proceedings as further set forth in said Order. (Signed by Judge Alvin K. Hellerstein on 7/22/05) (db, )
September 16, 2004 USCA Case Number 04-1570 from the USCA FOR THE FEDERAL CIRCUIT assigned to 200 Notice of Appeal to the Federal Circuit, filed by Enzo Biochem, Inc.. (pr, )
August 23, 2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: 200 Notice of Appeal to the Federal Circuit. (tp, )
August 23, 2004 Transmission of Notice of Appeal to the District Judge re: 200 Notice of Appeal to the Federal Circuit. (tp, )
August 20, 2004 Filing 200 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 184 Order, 185 Clerk's Judgment. Document filed by Enzo Biochem, Inc. Filing fee $ 255.00, receipt number E 518060. Copies of Notice of Appeal to the Federal Circuit mailed to Attorney(s) of Record: Wilmer Cutler Pickering Hale and Dorr LLP, and Foley Hoag LLP. (tp, )
August 20, 2004 Filing 199 TRANSCRIPT of proceedings held on July 27, 2004 before Judge Alvin K. Hellerstein.(ps, )
August 16, 2004 Filing 195 TRANSCRIPT of proceedings held on 7/27/04 before Judge Alvin K. Hellerstein.(dfe, )
August 5, 2004 Mailed notice of Right to Appeal to Attorney(s) of Record: Richard L. DeLucia, William P. DiSalvatore, Robert J. Gunther Jr, Francis James Menton Jr, S. Calvin Walden, Donald R. Ware, Charles A. Weiss. (snu, )
August 3, 2004 Filing 194 RULE 56.1 STATEMENT. Document filed by Gen-Probe Incorporated. (dle, )
August 3, 2004 Filing 193 MEMORANDUM OF LAW in Support re: 192 MOTION for Summary Judgment.. Document filed by Gen-Probe Incorporated. (dle, )
August 3, 2004 Filing 192 MOTION for an order granting partial summary judgment pursuant to FRCP Rule 56 that the claims of plaintiff Enzo Biochem are barred in whole or in part by laches. Document filed by Gen-Probe Incorporated. (dle, )
August 3, 2004 Filing 191 RULE 56.1 STATEMENT. Document filed by Becton Dickinson and Company, Gen-Probe Incorporated. (kw, )
August 3, 2004 Filing 190 MEMORANDUM OF LAW in Support re: 189 MOTION for Summary Judgment. Document filed by Becton Dickinson and Company, Gen-Probe Incorporated. (kw, )
August 3, 2004 Filing 189 MOTION for Summary Judgment of Patent Invalidity under 35 USC 102(b). Document filed by Becton Dickinson and Company, Gen-Probe Incorporated. (kw, )
August 3, 2004 Opinion or Order Filing 188 ORDER DENYING RECONSIDERATION: I deny Enzo's arguments as lacking merit and I deny Enzo's motion for reconsideration of my rulings and findings which were delivered extemporaneously on 7/27/2004. (Signed by Judge Alvin K. Hellerstein on 8/3/2004) (jsa, ) Modified on 8/9/2004 (rag, ).
August 2, 2004 Filing 187 TRANSCRIPT of proceedings held on 7/20/04 before Judge Alvin K. Hellerstein.(pa, )
August 2, 2004 Filing 186 TRANSCRIPT of proceedings held on 7/20/04 before Judge Alvin K. Hellerstein.(pa, )
July 29, 2004 Filing 185 CLERK'S JUDGMENT granting defendants' motion for summary judgment under 35 U.S.C. ? 102(b), finding that it invalidates all six claims of patent 4,900,659, and having found so, denying the laches motion as academic and without prejudice. (Signed by J. Michael McMahon, clerk on 7/29/04) (ml, )
July 28, 2004 Opinion or Order Filing 184 ORDER re: 107 Motion for Summary Judgment filed by Becton Dickinson and Company, Gen-Probe Incorporated, Chugai Pharma U.S.A., Inc., Chugai Pharmaceutical Co., Ltd., Biomerieux, Inc.; granting the motion. (Signed by Judge Alvin K. Hellerstein on 7/27/04) (ml, )
July 23, 2004 Filing 183 PLAINTIFFS POST-HEARING BRIEF pursuant to Leave Granted at 7/20/04 Hearing. Document filed by Enzo Biochem, Inc. (db, )
July 20, 2004 Minute Entry for proceedings held before Judge Alvin K. Hellerstein : Oral Argument held on 7/20/2004. (cd, )
July 19, 2004 Filing 181 SECOND DECLARATION of Charles A. Weiss in Opposition to Motion for Summary Judgment. Document filed by Enzo Biochem, Inc.. (ps, )
July 19, 2004 Filing 180 SUPPLEMENTAL BRIEF in Opposition to Defenddants' Supplemental Brief in Support of their Motion for Summary Judgment of Patent Invalidity Under 35 U.S.C. section 102(b). Document filed by Enzo Biochem, Inc. (djc, )
July 15, 2004 Filing 182 NOTICE of Withdrawal of Appearance of Maia Goodell as counsel. Document filed by Becton Dickinson and Company. (cd, )
June 10, 2004 Filing 178 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles A. Weiss dated 6/2/04 re: counsel for plaintiffs request that the oral argument set for 6/16/04 be adjourned to 7/7/04. Application GRANTED. The argument is adjourned to 7/20/04 at 10:00 a.m. (Signed by Judge Alvin K. Hellerstein on 6/3/04) (db, )
June 10, 2004 Set Deadlines/Hearings: Oral Argument set for 7/20/2004 10:00 AM before Judge Alvin K. Hellerstein. (db, )
June 4, 2004 Filing 179 NOTICE of Change of Address by Richard L. DeLucia, S. Calvin Walden on behalf of Gen-Probe Incorporated. New Address: Wilmer Cutlter Pickering Hale and Dorr LLP, The Willard Office Building, 1455 Pennsylvania Avenue N.W., Washington, D.C., 20004, (202) 942-8400. (sac, )
April 26, 2004 Filing 177 TRANSCRIPT of proceedings held on 3/18/04 before Judge Alvin K. Hellerstein.(ps, )
April 16, 2004 Filing 176 MEMORANDUM OF LAW in Support re: 107 Motion for Summary Judgment of patent invalidity under 35 USC 102(b). Document filed by Becton Dickinson and Company, Gen-Probe Incorporated. (ps, )
April 16, 2004 Filing 175 MEMORANDUM OF LAW in Opposition re: 137 Motion re patent invalidity. Document filed by Enzo Biochem, Inc.. (cd, )
April 12, 2004 Opinion or Order Filing 174 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from S. Calvin Walden dated 4/6/04 re: Counsel for all parties are available to complete oral argument on defendants' motions for summary judgment on May 26 or 27. If Mr. Lee's trial is completed in two weeks, counsel for all parties are also available on May 19. Request to adjourn the continuation of oral argument is granted. The parties are to appear to complete oral argument on 6/16/04 at 2:30 p.m. The parties request for a one week extension to submit supplemental briefs is also granted. So Ordered. (Signed by Judge Thomas P. Griesa on 4/9/04) (jco, )
March 31, 2004 Filing 173 EXHIBITS AND DECLARATIONS in Opposition to Gen-Probe's Motion for Summary judgment of Laches. Document filed by Enzo Biochem, Inc. (tp, )
March 31, 2004 Filing 172 EXHIBIT AND DECLARATIONS in Opposition to defendants' Motion for Summary Judgment of Patent Ivalidity Under 35 U.S.C. 102(b). Document filed by Enzo Biochem, Inc. (tp, )
March 31, 2004 Filing 171 MEMORANDUM OF LAW in Opposition re: 107 Motion for Summary Judgment. Document filed by Enzo Biochem, Inc. (tp, )
March 31, 2004 Filing 170 MEMORANDUM OF LAW in Opposition to defendant Gen-Probe's Motion for Summary Judgment of Laches. Document filed by Enzo Biochem, Inc. (tp, )
March 31, 2004 Filing 169 RESPONSE to Defendants' Statement of Material Facts re: 107 Motion for Summary Judgment. Document filed by Enzo Biochem, Inc. (tp, )
March 31, 2004 Filing 168 RESPONSE to Gen-Probe's Statement of Material Facts re: 107 Motion for Summary Judgment. Document filed by Enzo Biochem, Inc. (tp, )
March 23, 2004 Opinion or Order Filing 167 ORDER TO CONTINUE ORAL ARGUMENT ON DEFENDANTS MOTIONS TO DISMISS; Oral Argument set for 5/3/2004 02:30 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 3/23/04) (pl, ) Modified on 3/29/2004 (pl, ).
March 19, 2004 Opinion or Order Filing 166 ENDORSED LETTER addressed to Judge Hellerstein from Anita P. Fusco dated 3/17/04 re: defendants request that plaintiff's request for an Order compelling defendants Gen-Probe Incorporated and Becton Dickinson and Company to identify which one expert they will rely on for each issue of invalidity alleged be denied. The issue may be addressed following argument this afternoon on defendant's motion for summary judgment. (Signed by Judge Alvin K. Hellerstein on 3/18/04) (yv, )
March 11, 2004 Filing 165 ENDORSED LETTER addressed to Judge Hellerstein from William G. McElwain dated 3/4/04 re: granting plaintiffs extension of time for submission of rebuttal experts reports to 5/5/04. (Signed by Judge Alvin K. Hellerstein on 3/4/04) (pl, )
December 9, 2003 Filing 164 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles A. Weiss dated 12/8/03 re: The parties request, if acceptable to the Court, the the expert reports be served and not filed. Request granted. Filing is not required.. (Signed by Judge Alvin K. Hellerstein on 12/8/03) (Fenelon, Daphney)
December 8, 2003 Filing 163 ENDORSED LETTER addressed to Judge Hellerstein from Charles A. Weiss dated 12/3/2003 re: granting counsel's request for an extension of time, until 12/10/2003, to submit expert's reports. (Signed by Judge Alvin K. Hellerstein on 12/3/2003) (Pecorino, Joseph)
December 8, 2003 Set Deadlines/Hearings: Expert reports due by 12/3/2003. (Pecorino, Joseph)
December 2, 2003 Opinion or Order Filing 162 SCHEDULING AND DISCOVERY ORDER: Plaintiff shall serve and file its oppositions to defendants' pending motions for summary judgment by 1/12/2004; The defendants shall file their reply papers on 2/9/2004; All other deadlines are set accordingly. (Signed by Judge Alvin K. Hellerstein on 11/26/03) (tp, )
November 21, 2003 Filing 161 Memo-Endorsement on letter addressed to Judge Alvin K. Hellerstein from Donald R. Ware and William McElwain, dated 11/13/03; Brendan Dickisnson's desire to expert T. Dickinson is permissible. Enzo'a objection is denied. The expert's report will be due 12/18/03. My ruling does not concern itself with the competence or admissibility of the experts reports. ( signed by Judge Alvin K. Hellerstein ); (sac)
October 21, 2003 Opinion or Order Filing 160 Memo-Endorsement on letter addressed to Judge Hellerstein from Charles A. Weiss, dated 10/15/03. Re: Enzo Biochem, Inc. seeks an order compelling defendant Becton Dickinson an Company to produce testimony. The witness shall be produced in her area of residence for not more than 7 hurs of questioning . ( signed by Judge Alvin K. Hellerstein ); (kw)
October 21, 2003 Filing 159 Memo-Endorsement on letter addressed to Judge Hellerstein from Donald R. Ware, dated 10/15/03. Granting Becton Dickinson's request that Enzo identify the nucletide sequences of three claimed probes: ATCC53409, ATCC53410, and ATCC53411. Denying Becton Dickinson's request that Enzo first determined those sequences. "Subject Matters" on Ex.B. Number 1-6,8,10 shall be answered as if propounded by interrogatory . ( signed by Judge Alvin K. Hellerstein ); (kw)
October 16, 2003 Status Conference held and concluded on 10/16/03 before Judge Alvin K. Hellerstein. (ph)
October 7, 2003 CASHIER'S OFFICE REMARK on [0-0] motion endorsed in the amount of $25.00 paid on 10/6/03 Receipt # 487321. (moc)
September 26, 2003 Memo endorsed on motion; granting [157-1] motion for Denise W. DeFranco, Esq., to appear pro hac vice . ( signed by Judge Alvin K. Hellerstein ); FORWARDED DOCUMENT TO ATTORNEY ADMISSIONS CLERK. (tp)
September 24, 2003 Filing 158 NOTICE of Firm registration as an LLP and name change by Becton Dickinson. Willkie Farr & Gallagher has registered as a limited liability partnership, and has changed its name to Willkie Farr & Gallagher, LLP. (sb)
September 19, 2003 CASHIER'S OFFICE REMARK on [152-1] motion for an Order pursuant to Local Rule 1.3(c) granting admission of Maia Goodell to appear pro hac vice in the amount of $25.00 paid on 9/19/03 Receipt # 485601. (jco)
September 18, 2003 Filing 157 NOTICE OF MOTION by Becton Dickinson for Denise W. DeFranco, Esq., to appear pro hac vice ; Return Date 10/9/03; Attached is Affidavit of Francis J. Menton, Jr., in support; (djc)
September 2, 2003 Filing 156 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 7/11/03. (df)
July 23, 2003 Opinion or Order Filing 155 SCHEDULING ORDER and Discovery Order: fact discovery cutoff 9/25/03; (See document for further related discovery schedule). Case management conference for 4:00 p.m. on 10/16/03. Regarding Court's ruling on the parties R2.E letters. ( signed by Judge Alvin K. Hellerstein ); (kw)
July 18, 2003 Opinion or Order Filing 153 Memo-Endorsement on letter addressed to Judge Hellerstein from Charles A. Weiss, dated 7/18/03: To All Counsel. The Scheduling and Discovery Order was accepted, signed, and docketed, without change, on 7/21/03 . ( signed by Judge Alvin K. Hellerstein ). (tp)
July 11, 2003 Filing 154 Memorandum to Docket Clerk: Pretrial conference held on 7/11/03 before Judge Hellerstein. Next conference set for 10/16/03 at 4:00 p.m. (bw)
July 11, 2003 PRETRIAL CONFERENCE held before Judge Alvin K. Hellerstein. (bw)
July 11, 2003 PRETRIAL CONFERENCE set at 4:00 p.m. 10/16/03 before Judge Alvin K. Hellerstein. (bw)
July 9, 2003 Opinion or Order Memo endorsed on motion; granting [152-1] motion for an Order pursuant to Local Rule 1.3(c) granting admission of Maia Goodell to appear pro hac vice . ( signed by Judge Alvin K. Hellerstein ); Document forwarded to Attorney Admissions Clerk. (yv)
July 1, 2003 Filing 152 NOTICE OF MOTION by Becton Dickinson; for an Order pursuant to Local Rule 1.3(c) granting admission of Maia Goodell to appear pro hac vice . Return Date 7/21/03 . (jco)
June 26, 2003 Filing 151 Memo-Endorsement on letter addressed to Judge Hellerstein from Donald R. Ware, dated 6/24/03; the case management conference scheduled for 7/11/03 at 10:30 a.m. is restored ; the conference scheduled to be held 6/27/03 is cancelled. Counsel shall submit proposed agenda two days prior to the conference. ( signed by Judge Alvin K. Hellerstein ); (sac)
June 24, 2003 Opinion or Order Filing 150 ORDER, dfts shall produce opinions of counsel regarding the claims of the '659 patent after Enzo has served its expert reports, or otherwise disclosed in response to contention interrogatories, identifying dfts' alleged infringements , the Court asks the parties to consider the advisability of following the procedures set out in the rules for Patent Litigation adopted by the USDC for the Northern District of California with regard to requiring early identification of alledged infringements, among other subjects , that counsel for all parties shall meet with me for a case management conference on 6/27/03 at 10:30 a.m. to discuss both the matters above and revised schedules for the completion of discovery, if counsel can agree on a revised schedule, or the outlines of such, plaintiff shall telefax such by 4:00p.m. the previous day (telefax # 212-805-7942 . ( signed by Judge Alvin K. Hellerstein ); (dle)
May 21, 2003 Filing 149 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 3/13/03. (pr)
March 6, 2003 Opinion or Order Filing 148 STIPULATION AND ORDER of dismissal; Plaintiff Enzo Biochem, Inc.'s claims against Chugai and Chugai's counterclaims against Enzo shall be and hereby are dismissed with prejudice and without costs. Such dismissal shall not effect dismissal or discontinuance of any claims against any other defendant ( signed by Judge Alvin K. Hellerstein ) (yv)
February 25, 2003 Opinion or Order Filing 147 STIPULATION AND ORDER of dismissal of Enzo's claims against bioMerieux and bioMerieux's counterclaims against Enzo with prejudice and without costs. ( signed by Judge Alvin K. Hellerstein ) (kw)
December 6, 2002 Filing 146 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 10/1/02. (dt)
November 22, 2002 Filing 145 REPLY by Enzo Biochem, Inc. to [142-1] counter claim. (Rec. in the night deposit box). (kw)
November 22, 2002 Filing 144 REPLY by Enzo Biochem, Inc. to [25-2] counter claim. (Rec. in the night deposit). (kw)
November 14, 2002 Filing 143 Memo-Endorsement on letter addressed to Judge Hellerstein from Bradley S. Corsello, dated 11/13/02; granting plaintiffs requests for an extension of time until 11/22/02, in which to serve Enzo Biochem's replies to the amended Answer and Counterclaims of dft's Gen-Probe Inc. and Becton Dickinson & Co. . ( signed by Judge Alvin K. Hellerstein ); (pl)
November 7, 2002 Filing 142 COUNTERCLAIM by Gen-Probe Inc. against Enzo Biochem, Inc. (tp)
November 1, 2002 Filing 141 Memo-Endorsement on letter addressed to Judge Hellerstein from Barbara A. Fiacco, dated 10/24/02; Becton Dickinson shall defer filing its pleading unless, on or before 11/15/02, Enzo identifies the portion of Becton Dickinson's pleading that it believes should be sealed, along with a supporting letter. Becton Dickinson will then have until 11/22/02 to submit a letter of response. Enzo may reply by 11/26/02. No further papers on this issue ; (signed by Judge Alvin K. Hellerstein ); Copies mailed by Chambers; (djc) Modified on 11/06/2002
October 31, 2002 Filing 140 COUNTERCLAIM by Becton Dickinson against Enzo Biochem, Inc. (dle)
October 30, 2002 Filing 139 Memo-Endorsement on letter addressed to Judge Hellerstein from S. Calvin Walden, dated 10/25/02. Counsel for Enzo has advised that Enzo is considering whether to file a motion to seal Gen-Probes's filing and, accordingly, Gen- Probe will defer filing with the Clerk of Court until Enzo's anticipated motion is resolved. Gen-Probe shall defer filing its pleading unless on or before 11/15/02, Enzo identifies the portions of Gen-Probe's pleading that it believes should be sealed along with a supporting letter. Gen-Probe will then have until 11/22/02 to submit a letter of response. Enzo may reply by 11/26/02. No further papers on this issue. ( signed by Judge Alvin K. Hellerstein ) (sb)
October 10, 2002 Opinion or Order Filing 138 SCHEDULING ORDER: the parties may amend their pleadings by 10/25/02, after which amendments may be made only by leave of court or by written consent of the adverse party. The parties shall produce all documents relevant to the claims and/or defenses asserted in the pleadings by 11/22/02. Deposition to be completed by 4/30/03 as set forth in this document. Discovery to be completed by 4/30/03 as set forth in this document. A case management conference shall be held on 2/20/03 at 4:00 p.m. ( signed by Judge Alvin K. Hellerstein ); (kw)
October 3, 2002 Memo endorsed on motion; denying [137-1] motion to seal anticipated filing; the motion was denied on the record of conference held 10/2/02. ( signed by Judge Alvin K. Hellerstein ) (kkc)
September 30, 2002 Filing 137 NOTICE OF MOTION by Biomerieux, Inc. for an Order granting permission to file under seal a motion for summary judgment that it does not infringe any asserted claim of plaintiff's patent . Return Date not indicated. (tp)
August 22, 2002 Opinion or Order Filing 136 ORDER Setting Case Management Conference, that the Court will meet with counsel on 10/1/02, at 4:00 p.m., at a case management conference to discuss the proceedings that should ensue with respect to the issues defined by the Court of Appeals, and such other matters as the Court or counsel may wish to present. Counsel for Enzo Biochem, Inc. shall consult with all other counsel and prepare (i) an agenda for the Case Management conference, and (ii) a timetable for, and description of, anticipated further proceedings. in regard to item (ii), counsel for Enzo Biochem shall identify any disputed proceedings or timing issues, and present the viewpoints of all parties. Counsel for Enzo Biochem shall telefax this submission to chambers [(212) 805-7942)] three business days preceding the scheduled Conference . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (tp) Modified on 08/26/2002
August 22, 2002 Deadline(s) updated: case management conference for 4:00 p.m. on 10/1/02 . (tp)
August 14, 2002 Filing 135 NOTICE of change of firm name and address by Becton Dickinson . (yv)
August 12, 2002 Case reopened. (dt)
August 12, 2002 Filing 134 MANDATE OF USCA for the Federal Circuit (certified copy) Re: REVERSED & REMANDED [132-1] appeal by Enzo Biochem, Inc., [125-1] appeal by Enzo Biochem, Inc. ORDERED AND ADJUDGED, REVERSED AND REMANDED. ISSUED AS MANDATE 8/5/02, 01-1230. (ATTACHED STATEMENT OF COSTS TAXED IN THE AMOUNT OF $1178.00 IN FAVOR OF APPELLANT ENZO BIOCHEM, INC.) (DOCKETED AS JUDGMENT #02,1548 on 8/8/02) (pr) Modified on 08/13/2002
April 18, 2001 Opinion or Order Filing 133 ORDER POSTPONING CONSIDERATION OF MOTION FOR FEES any motion for attorneys' fees incurred in this Court will not be considered untimely if fld within 14 days of the issuance of the mandate from the US Court of Appeals for the Federal Circuit ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (cd)
April 9, 2001 Notice of appeal and certified copy of docket to USCA FEDERAL CIRCUIT: [132-1] appeal by Enzo Biochem, Inc. ; Copy of notice of appeal sent to District Judge. (dt)
April 5, 2001 Filing 132 AMENDED NOTICE OF APPEAL TO THE FEDERAL CIRCUIT by Enzo Biochem, Inc. ; from ; the Final Order Dismissing Action dated April 4. 2001 and the "Provisional Order Disissing Action" dated JAnuary 26, 2001. Copies of notice of appeal mailed to Attorney(s) of Record: Robert J. Gunther, Jr., Esq., Christine B. Cesare, Esq., Daniel A. Boehnaen, Esq., William F. Lee, Esq., William McElwain, Esq., Donald R. Ware, Esq. and Francis J. Menton, Esq. (dt)
April 5, 2001 Opinion or Order Filing 131 FINAL ORDER DISMISSING ACTION, defendants' motion for summary judgment, that patent number 4,900,659 is invalid, is granted; plaintiff's complaint is dismissed; and the Clerk of the Court is directed to mark this matter closed. ( signed by Judge Alvin K. Hellerstein ) (kw)
March 30, 2001 Filing 130 MEMORANDUM OF LAW by Enzo Biochem, Inc. in support of its motion for leave to file a sur-reply memorandum in opposition to defts' motion for summary judgment of invalidity. (sn)
March 1, 2001 Filing 129 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/24/01. (kkc)
March 1, 2001 Filing 128 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/23/01. (kkc)
March 1, 2001 Filing 127 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/23/01. (kkc)
March 1, 2001 Filing 126 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/24/01. (db)
February 26, 2001 Notice of appeal and certified copy of docket to USCA: [125-1] appeal by Enzo Biochem, Inc. ; Copy of notice of appeal sent to District Judge. (dt)
February 23, 2001 Filing 125 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT by Enzo Biochem, Inc. ; from [124-1] order dismiss/dismissal . Copies of notice of appeal mailed to Attorney(s) of Record: Robert J. Gunther Jr., Esq., Christine B. Cesare, Esq., Daniel A. Boehnene, Esq., William F. Lee, Esq., Willaim R. Ware, Esq. and Francis J. Menton, Esq. $105.00 Appeal filing fee paid 2/23/01 on receipt # E 398445. (dt)
January 29, 2001 Case closed. (kg)
January 29, 2001 Opinion or Order Filing 124 PROVISIONAL ORDER DISMISSING ACTION; defts' motion for summary judgment of invalidity, based on pltff's failure to adequately describe the claimed invention in the filed patent as required by 35 U.S.C. 112, is granted. My findings and conclusions under FRCP 56 are stated in the transcript of argument held 1/24/01. However, they are to be regarded as provisional pending my filing of a written decision, or my further order. Pltff's wish to take a prompt appeal, as stated in its response of 1/25/01 to my inquiry following argument, is noted, and will be reflected by a prompt issuance of a written decision, within approximately one month following receipt of the transcript. ( signed by Judge Alvin K. Hellerstein ). Original forwarded to the Judgment Clerk. (sac) Modified on 02/02/2001
January 24, 2001 Oral argument held before Judge Alvin K. Hellerstein. Summary Judgment motion granted. (jp)
January 23, 2001 Oral argument held before Judge Alvin K. Hellerstein. Adjourned until 1/24/01. (jp)
December 11, 2000 Filing 123 Memo-Endorsement on letter addressed to Judge Hellerstein from Jeffrey A. Tochner, atty for defts', dated 12/8/00; counsel encloses a courtesy copy of the defts' Response to pltff's Motion for Leave to File a Sur-Reply Memorandum, which was filed with the Clerk of Court today; rejected; Return to sender ; the clerk is directed not to accept the original of this document, and to return it to sender (signed by Judge Alvin K. Hellerstein ); Copies mailed. (sent copy of order and the attached document to Jeffrey Tochner, Latham & Watkins, 885 Third Ave., Suite 1000, NY NY. (lam) Modified on 12/19/2000
December 11, 2000 Opinion or Order Filing 122 Memo-Endorsement on letter addressed to Judge Hellerstein from Bradley S. Corsello, dated 12/5/00; Re: denying [120-1] motion for an order for leave to file Sur-reply Memorandum in opposition to dft's motion for summary judgment of invalidity, and its Sur-Reply papers are not accepted for filing. The Clerk is directed to return them. No new arguments are presented. Delete papers from docket & return them to pltff. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sac)
December 8, 2000 Filing 121 Document returned to filer Jeffrey A. Tochner, Latham & Watkins, 885 Third Ave., Suite 1000, NY NY 10022 (as per doc. #123) (djc) Modified on 12/14/2000
December 5, 2000 Filing 120 Original document returned to pltff as per Endorsed Letter, doc. #122. (pl) Modified on 12/12/2000
November 27, 2000 Filing 119 DECLARATION of Philip Frederick Sparling, MD by Gen-Probe Inc., Chugai Pharma U.S.A., Biomerieux, Inc., Becton Dickinson in support Re: [117-1] reply memorandum . (cd)
November 27, 2000 Filing 118 DECLARATION of Jeffrey A. Tochner by Gen-Probe Inc., Chugai Pharma U.S.A., Biomerieux, Inc., Becton Dickinson in support Re: [117-1] reply memorandum . (cd)
November 27, 2000 Filing 117 REPLY MEMORANDUM by Gen-Probe Inc., Chugai Pharma U.S.A., Biomerieux, Inc., Becton Dickinson re: [107-1] motion for summary judgment of invalidity purs to FRCP 56 (cd)
November 1, 2000 Filing 116 RESPONSE by Enzo Biochem, Inc. Re: [108-1] settlement notice (fld in the night deposit box on 11/1/00 at 8:00 pm) (cd)
November 1, 2000 Filing 115 DECLARATION of Bradley Corsello by Enzo Biochem, Inc. in opposition Re: [107-1] motion for summary judgment of invalidity purs to FRCP 56; (fld in the night deposit box on 11/1/00 at 8:01 pm) (cd)
November 1, 2000 Filing 114 DECLARATION of james Wetmur by Enzo Biochem, Inc. in opposition Re: [107-1] motion for summary judgment of invalidity purs to FRCP 56; (fld in the night deposit box on 11/1/00 at 8:00 pm) (cd)
November 1, 2000 Filing 113 MEMORANDUM OF LAW by Enzo Biochem, Inc. in opposition to [107-1] motion for summary judgment of invalidity purs to FRCP 56; (fld in the night deposit box on 11/1/00 at 8:00 pm) (cd)
October 27, 2000 Filing 112 Memo-Endorsement on letter addressed to Judge Hellerstein from Bradley S. Corsello, dated 10/26/00. Re: granting the parties joint request that the Court's schedule w/ respect to defts' motion for summary jdgmt. of invalidity, be modified as follows: pltffs' response to motion reset to 11/1/00 for [107-1] motion for summary judgment of invalidity purs to FRCP 56 ; defts' reply to response to motion reset to 11/21/00 for [107-1] motion for summary judgment of invalidity purs to FRCP 56 ; ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (lf)
October 12, 2000 Filing 111 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 8/31/00. (jp)
September 29, 2000 Filing 110 AFFIDAVIT of Jeffrey A. Tochner, atty for Gen-Probe Inc., Chugai Pharma U.S.A., Chugai Pharmaceutic., Biomerieux, Inc., Becton Dickinson Re: to provide the Court copies of certain documents which are refered to in the memorandum in support of defts' motion for summary judgment of invalidity. (lam)
September 29, 2000 Filing 109 MEMORANDUM OF LAW by Gen-Probe Inc., Chugai Pharma U.S.A., Chugai Pharmaceutic., Biomerieux, Inc., Becton Dickinson in support of [107-1] motion for summary judgment of invalidity purs to FRCP 56 . (lam)
September 29, 2000 Filing 108 RULE 56.1 STATEMENT filed by Gen-Probe Inc., Chugai Pharma U.S.A., Chugai Pharmaceutic., Biomerieux, Inc., Becton Dickinson (lam)
September 29, 2000 Filing 107 NOTICE OF MOTION by Gen-Probe Inc., Chugai Pharma U.S.A., Chugai Pharmaceutic., Biomerieux, Inc., Becton Dickinson for summary judgment of invalidity purs to FRCP 56 . Return date not indicated. (lam) Modified on 10/04/2000
September 13, 2000 Opinion or Order Filing 106 ORDER REGARDING PATENT CLAIM DEFINITIONS; the parties shall adhere to the following briefing schedule: defts shall make their motion by 9/29/00; pltff shall file opposition papers with affidavits by 10/22/00; defts shall file reply papers by 11/8/00. The Court will set a date for oral argument. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sac) Modified on 09/14/2000
September 6, 2000 Filing 105 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of July 20, 2000. (djc)
August 31, 2000 Hearing held before Judge Helerstein. Deft to file any motions by 9/29/00, pltff's opposition by 10/22/00, reply by 11/8/00. (jp)
August 25, 2000 Filing 104 Memo-Endorsement on letter addressed to Judge Hellerstein from Bradley S. Corsello, dated 8/24/00; granting pltff's request for an extension of time, until Tuesday 8/29, in which to deliver the parties' joint letter regarding certain claim terms. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sac)
August 22, 2000 Opinion or Order Filing 103 Memo-Endorsement on letter addressed to Judge Hellerstein from Kenyon & Kenyon, dated 8/10/00; that the outlines of discovery tenderedly the parties (both Pl. and deft's) is so ordered. There will be a case management Conference on 8/31/00 at 3:00 p.m., to discuss the implications of plaintiff's disclosures supplementary to the Workman hearing, and specific requests for discovery. Counsel shall meet in advance to discuss their respective discovery . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (pl) Modified on 08/24/2000
August 4, 2000 Filing 102 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 6/5/00. (sac)
July 20, 2000 Opinion or Order Filing 101 ORDER; granting defts and their counsel permission to bring audio/visual equipment for hearing on 7/20/00. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sac)
July 20, 2000 Opinion or Order Filing 100 ORDER; that the Court authorizes Enzo and Enzo's counsel to bring an ELMO (a piece of audiovisual equipment) to the 7/20/00 hearing in Courtroom 14D. The equipment will be used solely for illustration purposes at the hearing, and will be removed that day, following the conclusion of the hearing, on condition that objections to same are technical problems will be counted against pltff's time . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (jp)
July 20, 2000 Opinion or Order Filing 99 Memo-Endorsement on letter addressed to Judge Hellerstein from Robert J. Gunther, Jr., dated 7/18/00. Re: in order to aid in the illustration of defts' technology tutorial and claim interpretation presentation at the hearing scheduled for Thursday, June 20, defts request that the Court authorize the defts to bring the following audio/visual equipment into the courtroom: (1) a video projector; (2) a video switch box; (3) two video monitors; and (4) three laptop computers; The order has been signed. Defts are cautioned that the time taken up by objections or presentation problems will be counted against the time allotted to defts ; ( signed by Judge Alvin K. Hellerstein ) Copies mailed. (lf) Modified on 07/24/2000
July 13, 2000 Filing 98 DECLARATION of Gradley S. Corsello by Enzo Biochem, Inc. in support Re: [97-1] opposition memorandum . (pl)
July 13, 2000 Filing 97 Enzo Biochem, Inc. Pre-Markman Hearing Brief (pl)
July 13, 2000 Filing 96 MEMORANDUM OF LAW by Gen-Probe Inc., Chugai Pharma U.S.A., Biomerieux, Inc., Becton Dickinson re: providing introduction to Technology and interpretation of the patent claims. (pl)
June 5, 2000 Oral argument held before Judge Alvin K. Hellerstein. (jp)
May 24, 2000 Filing 95 Expert report of James C. Wetmur, Ph.D. filed by Enzo Biochem, Inc. (Rec'd in night deposit box 5/24/00 11:54 PM) (sn)
May 24, 2000 Filing 94 Expert report of Bruce A. Hanna, Ph.D. filed by Enzo Biochem, Inc. (Rec'd in night deposit box 5/24/00 11:54 PM) (sn)
May 24, 2000 Filing 93 Expert report of Max A. Gottesman, M.D., Ph.D. filed by Enzo Biochem, Inc. (Rec'd in night deposit box 5/24/00 11:54 PM) (sn)
May 18, 2000 Filing 92 Memo-Endorsement on letter addressed to Judge Hellerstein from Bradley S. Corsello, dated 05/10/00; Motion for extension of time to coordinate the preparation of rebuttal expert reports is granted to extent that time is enlarged to May 24, 2000 ; (signed by Judge Alvin K. Hellerstein); Copies mailed. (djc)
May 11, 2000 Opinion or Order Filing 91 ORDER REGARDING RULE 2(E) REQUEST OF 5/4/00; defts shall produce all materials considered by their experts in preparation of their reports. See Rule 26(a)(2)(B), FRCP. Defts shall produce the data and information reviewed by Dr. Stanley Falkow as referenced in paragraph 5 of his declaration, including his review of his "personal papers and materials that relate to work done in [his] laboratories defts shall produce the additional testing data referred to in the expert report of Dr. Frederick Quinn. Defts may not condition their production by demands of "reciprocal" productions from pltff. The merits of demands addressed to pltff are independent; deft shall produce the laboratory notebooks of may Li. the merits as to any waiver of alleged privilege are independent; the request for production of all documents and notes upon which defts may rely in arguing invalidity is denied as over-broad; the showing by pltff for production of the Yale documents has not been adequately made, and therefore is denied at this time; the production Ordered shall be made by 5/16/00 . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (jp) Modified on 05/15/2000
April 19, 2000 Opinion or Order Filing 90 ORDER REGARDING DISCOVERY; Enzo's requests for limited discovery are denied as premature, and because it will be difficult to distinguish between limited, and full discovery on the issues of copying and infringement; premature discovery regarding these issues will likely delay the completion of discovery, and possible determination, of the issues of validity which, according to my scheduling order of 2/16/00, are to be litigated first; no ruling on my part is necessary regarding the responsiveness and completeness of Enzo's, or other party's, discovery productions; as I ruled previously, counsel should be aware of their professional obligations w/ regard to discovery proceedings, and complaints about alleged breaches of discovery obligations, and the court's likely reaction if, in light of future proceedings, breaches of professional obligations come to light ; the parties shall meet and confer and, on or about 5/31/00, by noon of that day, submit an agenda for the scheduled conference to be held 6/5/00, 4:30 p.m. covering the points set forth in this Order Regarding Discovery ; ( signed by Judge Alvin K. Hellerstein ); mailed. (ls) Modified on 04/20/2000
April 6, 2000 Filing 89 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 02/08/98. (djc) Modified on 04/06/2000
March 7, 2000 Filing 88 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/19/00. (pl)
February 23, 2000 Opinion or Order Filing 87 Modified SCHEDULING ORDER: The depositions provided for in the Order of Proceedings shall be completed by 03/31/00; Defendants shall identify their expert(s) by 04/04/00; Plaintiff shall identify its expert(s) by 04/14/00; Defendants shall serve their expert report(s) by 04/24/00; Plaintiff shall serve its expert report(s) by 05/15/00; The parties' expert reports shall be filed and courtesy copies delivered to chambers on 05/15/00; A case management conference shall be held on 06/05/00 at 4:30 p.m. (signed by Judge Alvin K. Hellerstein); Copies mailed. (djc)
February 23, 2000 Filing 86 NOTICE of attorney appearance for Gen-Probe Inc. by William DiSalvatore (ls)
February 18, 2000 Filing 85 Memo-Endorsement on letter addressed to Judge Hellerstein from Robert J. Gunther, dated 2/17/00; counsel for defts writes to request to obtain the Court's assistance with respect to the allocation of time at the deposition of Dr. Yang. Since Enzo has the ability to prepare Dr. Yang for deposition, and therefore can be more efficient in asking questions, I Rule that defts can question for two days; that Enzo can question for one day; that defts continue their questions for an other day; and that Enzo continue their questions for another day continuously if the witness can remain in New York City, or at another time within 3 months if the witness cannot remain . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (jp)
February 14, 2000 Opinion or Order Filing 83 ORDER; that the Court Rules in response to the parties' "2E" letter dated 2/9/00 as set forth on this Order . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (jp)
February 11, 2000 Filing 84 REPLY by Enzo Biochem, Inc. to [0-0] counter claim ; Firm of: Kenyon & Kenyon by attorney Richard L. DeLucia for counter-defendant Enzo Biochem, Inc. Received in night deposit on 2/11/00 at 4:30 p.m. (jp) Modified on 02/15/2000
January 26, 2000 Filing 82 REPLY by Enzo Biochem, Inc. to [68-1] counter claim (sac)
January 26, 2000 Filing 81 REPLY by Enzo Biochem, Inc. to [29-1] counter claim (sac)
January 26, 2000 Filing 80 REPLY by Enzo Biochem, Inc. to [74-1] counter claim (sac)
January 24, 2000 Opinion or Order Filing 79 STIPULATION AND ORDER; substituting Hale and Dorr, LLP in place of Clifford Chance Rogers & Wells, LLP as counsel of record for deft, Gen-Probe Inc. ( signed by Judge Alvin K. Hellerstein ) (sac)
January 21, 2000 Opinion or Order Filing 78 STIPULATED PROTECTIVE ORDER, regarding procedures that will govern the handling of confidential information ( signed by Judge Alvin K. Hellerstein ) (cd)
January 19, 2000 Pretrial Conference held before Judge Alvin K. Hellerstein. Contested issue: yes. (sn)
January 19, 2000 Opinion or Order Filing 77 Memo-Endorsement on letter addressed to Judge Hellerstein from Robert J. Gunther, Jr., dated 1/14/00. Re: defendants request that the Court modify the Order of Proceedings as the defendants have proposed, or alternatively, if the Court prefers, that they participate in a telephone conference with the Court concerning these issues; I will hear counsel tomorrow, 1/19/00 at noon, David Lindly should attend . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (ri) Modified on 01/21/2000
January 18, 2000 Filing 76 RULE 1.9 CERTIFICATE filed by Gen-Probe Inc. (sac)
January 18, 2000 Filing 75 ANSWER to Complaint and COUNTERCLAIM by Gen-Probe Inc. (Attorney William DiSalvatore) against Enzo Biochem, Inc. (sac)
January 10, 2000 Opinion or Order Filing 73 STIPULATION and ORDER; regarding resolution of defendant Biomerieux SA's response to First Amended Complaint (signed by Judge Alvin K. Hellerstein ) (djc) Modified on 01/12/2000
January 6, 2000 Filing 72 AMENDED COUNTERCLAIM by Chugai Pharma U.S.A. : amending [6-2] counter claim (ls)
January 6, 2000 Filing 71 ANSWER to Amended Complaint by Chugai Pharmaceutic. (Attorney Robert J. Gunther Jr. from the Firm: Latham & Watkins) (ls)
January 6, 2000 Opinion or Order Filing 69 STIPULATION AND ORDER To Extend Time; reset answer to the First Amended Complt. and Jury Demand due for 1/5/00 for Gen-Probe Inc. ; ( signed by Judge Alvin K. Hellerstein ) (ls)
January 6, 2000 Opinion or Order Memo endorsed on motion; granting [67-1] motion for an order pursuant to Local General Rule 2(c), directing the admission of Grantland Drutchas, Esq pro hac vice for bioMerieux, Inc ( signed by Judge Alvin K. Hellerstein ); Copies mailed; (forwarded to the Attorney Admissions Clerk) (cd)
January 5, 2000 Filing 70 NOTICE of Name Change of attorney for Gen-Probe Inc. (djc)
January 4, 2000 Filing 74 COUNTERCLAIM by Becton Dickinson against Enzo Biochem, Inc. (jp)
January 4, 2000 Filing 68 COUNTERCLAIM by Biomerieux, Inc. against Enzo Biochem, Inc. (sn)
January 3, 2000 Filing 66 Memo endorsed on motion; by bioMerieux, Inc., granting admission of Grantland Drutchas, Esq. pro hac vice for defendant bioMerieux, Inc . (signed by Judge Alvin K. Hellerstein); Copies mailed. (Original forwarded to the Attorney Admissions Clerk) (ri) Modified on 01/06/2000
December 27, 1999 Filing 67 NOTICE OF MOTION by Biomerieux, Inc., for an order pursuant to Local General Rule 2(c), directing the admission of Grantland Drutchas, Esq pro hac vice for bioMerieux, Inc . Return date 12/30/99 at 9:30 a.m. (Affidavits of Christine B. Cesare and Grantland G. Drutchas in support attached) (ri)
December 22, 1999 Filing 65 AMENDED COMPLAINT by Enzo Biochem, Inc. Amending [1-1] complaint ; Summons issued. (jp)
December 22, 1999 Filing 64 Memo-Endorsement on letter addressed to Judge Hellerstein from Robert F. Perry, dated 12/17/99; the defts having now been given thier identities of the investors, may proceed to take their depositions. Pltffs and defts shall proceeds with document discovery, and defts shall thereafter notice the two additional witnesses discussed at the last pre-trial conference. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sac)
December 20, 1999 Filing 63 Memo-Endorsement on letter addressed to Judge Hellerstein from Charles Weiss, dated 12/10/99, the parties having conferred on depositions: the parties shall report on 12/17 as indicated. Deft, by that date, should provide full information in its possession relevant to when the inventors and witnesses relevant to invention, may be found ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (cd)
December 13, 1999 Filing 62 NOTICE of attorney appearance for Biomerieux, Inc. by John J. McDonnnell, Joshua R. Rich, Emily Miao (jp)
December 2, 1999 Opinion or Order Filing 61 ORDER denying [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. (signed by Judge Alvin K. Hellerstein); Copies mailed. (djc)
December 1, 1999 Status Conference held before Judge Alvin K. Hellerstein. (ri)
November 30, 1999 Opinion or Order Filing 60 ORDER RECONSIDERING AND ADHERING TO DISMISSAL FOR LACK OF PERSONAL JURISDICTION, for the reasons set forth in this Order, granting in part, denying in part [52-1] motion for an order, for reconsideration to the Court's Order of 10/12/99, granting in part, denying in part [52-2] motion for an order, for leave to amend its Complaint under FRCP 15(a). ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sn)
November 22, 1999 Filing 59 Return of service unexecuted as to Chugai Pharmaceutic. (emil)
November 18, 1999 Filing 57 REPLY by Enzo Biochem, Inc. in opposition to Re: [56-1] opposition memorandum (pl)
November 17, 1999 Filing 58 REPLY by Enzo Biochem, Inc. to Chugai Pharmaceutical's opposition Re: [52-1] motion for an order, for reconsideration to the Court's Order of 10/12/99, [52-2] motion for an order, for leave to amend its Complaint under FRCP 15(a). (sn)
November 15, 1999 Filing 56 OPPOSITION by Biomerieux SA re: [52-1] motion for an order, for reconsideration to the Court's Order of 10/12/99, [52-2] motion for an order, for leave to amend its Complaint under FRCP 15(a) (sac)
November 10, 1999 Filing 55 MEMORANDUM OF LAW by Chugai Pharmaceutic. in opposition to [52-1] motion for an order, for reconsideration to the Court's Order of 10/12/99, [52-2] motion for an order, for leave to amend its Complaint under FRCP 15(a) (sac)
November 2, 1999 Receipt of check in the amount of $75.00, check #358533 on 11/2/99 for pro hac vice admission. (pl)
November 2, 1999 Opinion or Order Memo endorsed on motion; granting [48-1] motion for an order purs. to Local Rule 1.3(c) granting admission of Philip C. Swain, Jr., Esq. to practice before this Court for purposes of this action. ( signed by Judge Alvin K. Hellerstein ); Copies mailed; sent to the Attorney Admissions Clerk on 11/4/99. (pl)
November 2, 1999 Opinion or Order Memo endorsed on motion; granting [47-1] motion for an order purs. to Local Rule 1.3(c) granting admission of Donald R. Ware, Esq. to practice before this Court for purposes of this action; ( signed by Judge Alvin K. Hellerstein ); copies mailed; on 11/2/99 forwarded orig. doc. to Attny. Admissions Clerk (ls)
November 2, 1999 Memo endorsed on (original) motion (doc. #46);; granting admission of Barbara S. Fiacco, Esq. to practice before this Court on behalf of Becton, Dickinson and Company . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (pl)
October 28, 1999 Filing 54 DECLARATION of Bradley S. Corsello by Enzo Biochem, Inc. in support Re: [52-1] motion for an order, for reconsideration to the Court's Order of 10/12/99, [52-2] motion for an order, for leave to amend its Complaint under FRCP 15(a). (sac)
October 28, 1999 Filing 53 MEMORANDUM OF LAW by Enzo Biochem, Inc. in support of [52-1] motion for an order, for reconsideration to the Court's Order of 10/12/99, [52-2] motion for an order, for leave to amend its Complaint under FRCP 15(a) (sac)
October 28, 1999 Filing 52 NOTICE OF MOTION by Enzo Biochem, Inc. for an order, for reconsideration to the Court's Order of 10/12/99 ; or, in the alternative, for an order, for leave to amend its Complaint under FRCP 15(a) ; Return date 11/23/99. (rec'd on the night deposit box on 10/28/99 at 11:02 p.m.) (sac)
October 20, 1999 Opinion or Order Filing 51 Memo endorsed on chambers copy of deft's motion; granting [48-1] motion for an order purs. to Local Rule 1.3(c) granting admission of Philip C. Swain, Jr., Esq. to practice before this Court for purposes of this action vice. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (forwarded orig. to Atty Admissions Clerk.) (sac)
October 20, 1999 Opinion or Order Filing 50 Memo endorsed on chambers copy of deft's motion; granting [47-1] motion for an order purs. to Local Rule 1.3(c) granting admission of Donald R. Ware, Esq. to practice before this Court for purposes of this action. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (forwarded orig. to Atty Admissions Clerk.) (sac)
October 20, 1999 Opinion or Order Filing 49 Memo endorsed on chambers copy of deft's motion; granting [46-1] motion for an order purs. to Local Rule 1.3(c) granting admission of Barbara A. Fiacco, Esq. to practice before this Court for purposes of this action. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (forwarded orig. to Atty Admissions Clerk.) (sac)
October 15, 1999 Filing 48 NOTICE OF MOTION by Becton Dickinson for an order purs. to Local Rule 1.3(c) granting admission of Philip C. Swain, Jr., Esq. to practice before this Court for purposes of this action vice . Return date 10/27/99. Affidavit of Francis J. Menton, Jr. attached. (sn)
October 15, 1999 Filing 47 NOTICE OF MOTION by Becton Dickinson for an order purs. to Local Rule 1.3(c) granting admission of Donald R. Ware, Esq. to practice before this Court for purposes of this action . Return date 10/27/99. Affidavit of Francis J. Menton, Jr. attached. (sn) Modified on 10/21/1999
October 15, 1999 Filing 46 NOTICE OF MOTION by Becton Dickinson for an order purs. to Local Rule 1.3(c) granting admission of Barbara A. Fiacco, Esq. to practice before this Court for purposes of this action . Return date 10/27/99. Affidavit of Francis J. Menton, Mr. attached. (sn) Modified on 10/21/1999
October 14, 1999 Opinion or Order Filing 45 ORDER, granting [41-1] motion for an order pursuant to FRCP 12(b)(2) dismissing the complaint of Enzo Biochem, Inc., against BioMerieux SA for lack of personal jurisdiction; granting [37-1] motion for an order pursuant to F.R.C.P. 12(b)(2) and 12(b)(5) dismissing the complaint of Enzo Biochem, Inc. for lack of jurisdiction and insufficient service of process ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (cd)
October 8, 1999 Filing 44 Memo endorsed on motion to admit pro hac vice, by bioMerieux SA and bioMerieux, Inc. granting, pursuant to Local Rule 2(c), the admission of Daniel A. Boehnen, Dr. John J. McDonnell, Joshua R. and Dr. Emily Miao pro hac vice attorneys for defendants bioMerieux and bioMerieux, Inc. . (signed by Judge Alvin K. Hellerstein); Copies mailed. (Original forwarded to the Attorney Admissions Clerk) (ri) Modified on 10/13/1999
October 1, 1999 Pretrial Conference held on 10/1/99 before Judge Alvin K. Hellerstein; next conference scheduled for 11/23/99 at 12:00 a.m. (pl)
October 1, 1999 Deadline(s) updated: next pre-trial conference for 12:00 11/23/99 . (pl)
September 30, 1999 Filing 43 REPLY MEMORANDUM by Gen-Probe Inc. in support of [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. (Filed in the Court's night deposit box on 9/30/99 at 5:16 p.m.) (ri) Modified on 10/05/1999
September 27, 1999 Filing 39 MEMORANDUM OF LAW by Biomerieux SA in support of [41-1] motion for an order pursuant to FRCP 12(b)(2) dismissing the complaint of Enzo Biochem, Inc., against BioMerieux SA for lack of personal jurisdiction (pl)
September 27, 1999 Filing 41 NOTICE OF MOTION by Biomerieux SA for an order pursuant to FRCP 12(b)(2) dismissing the complaint of Enzo Biochem, Inc., against BioMerieux SA for lack of personal jurisdiction , Return date 11/15/99 at 9:30 a.m. (Filed in the Court's night deposit box on 9/27/99 at 8:25 p.m.) (ri)
September 27, 1999 Filing 40 DECLARATION of Philippe Archinard by Biomerieux SA; (docmt filed in the night dep. on 09/27/99 at 8:25 p.m.) (djc) Modified on 10/07/1999
September 24, 1999 Filing 42 DECLARATION of Naoya Saishu by Chugai Pharmaceutic. in support Re: [37-1] motion for an order pursuant to F.R.C.P. 12(b)(2) and 12(b)(5) dismissing the complaint of Enzo Biochem, Inc. for lack of jurisdiction and insufficient service of process . (cd)
September 24, 1999 Filing 38 MEMORANDUM OF LAW by Chugai Pharmaceutic. in support of [37-1] motion for an order pursuant to F.R.C.P. 12(b)(2) and 12(b)(5) dismissing the complaint of Enzo Biochem, Inc. for lack of jurisdiction and insufficient service of process (pl)
September 24, 1999 Filing 37 NOTICE OF MOTION by Chugai Pharmaceutic.; for an order pursuant to F.R.C.P. 12(b)(2) and 12(b)(5) dismissing the complaint of Enzo Biochem, Inc. for lack of jurisdiction and insufficient service of process ; Return date: not indicated (pl)
September 17, 1999 Filing 36 DECLARATION of Bradley S. Corsello by Enzo Biochem, Inc. in support Re: [35-1] opposition memorandum (ls)
September 17, 1999 Filing 35 MEMORANDUM by Enzo Biochem, Inc. in opposition to [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. (ls)
September 13, 1999 Opinion or Order Filing 34 STIPULATION AND ORDER To Extend Time; Enzo Biochem, Inc's response to motion reset to 9/15/99 for [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. ; Gen-Probe Inc's reply to response to motion reset to 9/29/99 [21-1] for motion to dismiss the complt. of Enzo Biochem, Inc. ; ( signed by Judge Alvin K. Hellerstein ) (ls) Modified on 09/15/1999
September 10, 1999 Filing 33 ANSWER by Enzo Biochem, Inc. to amended counterclaim; Firm of: Kenyon & Kenyon by attorney Richard L. DeLucia for counter-defendant Enzo Biochem, Inc. (djc)
September 7, 1999 Filing 32 REPLY by Enzo Biochem, Inc. to [25-2] counter claim; Firm of: Kenyon & Kenyon by attorney Richard L. DeLucia for counter-defendant Enzo Biochem, Inc.; document received in USDC/SDNY Night Deposit Mail Box on 9/7/99 at 7 p.m. (ls) Modified on 09/08/1999
August 31, 1999 Opinion or Order Filing 30 STIPULATION AND ORDER To Extend Time; reset answer to the complt. due for 9/27/99 for Biomerieux SA ; ( signed by Judge Alvin K. Hellerstein ) (ls)
August 30, 1999 Filing 31 REPLY by Enzo Biochem, Inc. to [15-2] counter claim; Firm of: Kenyon & Kenyon by attorney Richard L. DeLucia for counter-defendant Enzo Biochem, Inc. (ri)
August 27, 1999 Filing 29 COUNTERCLAIM by Chugai Pharma U.S.A. against Enzo Biochem, Inc. (ri)
August 25, 1999 Opinion or Order Filing 28 STIPULATION and ORDER; that the time for deft Chugai Pharmaceutical Co., Ltd. to answer or move w/ respect to pltff Enzo Biochem, Inc's complt. is extended by thirty days, to and including 9/22/99 ; that the time for Enzo to respond to Chugai's answer or response is extended to and including 10/22/99 ; Chugai's reply will be due fourteen days after the service Enzo's response; by entering into this Stipulation, Chugai does not waive any defenses, including w/o limitation defenses relating to insufficiency of service of process or lack of personal jurisdiction ; ( signed by Judge Alvin K. Hellerstein ) (ls)
August 23, 1999 Filing 27 NOTICE OF MOTION by Chugai Pharma U.S.A.; to join [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. ; Return date: 7/19/99 (pl)
August 19, 1999 Filing 26 RULE 1.9 CERTIFICATE filed by Becton Dickinson (ls)
August 19, 1999 Filing 25 ANSWER to Complaint; jury demand and COUNTERCLAIM by Becton Dickinson against Enzo Biochem, Inc.; (by attorney Francis J. Menton Firm of: Willkie Farr & Gallager); for defendant Becton Dickinson (ls)
August 19, 1999 Filing 24 RULE 1.9 CERTIFICATE filed by Gen-Probe Inc. (ls)
August 19, 1999 Filing 23 DECLARATION of Kurt M. Rogers by Gen-Probe Inc. in support Re: [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. (ls)
August 19, 1999 Filing 22 MEMORANDUM by Gen-Probe Inc. in support of [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. (ls)
August 19, 1999 Filing 21 NOTICE OF MOTION by Gen-Probe Inc.; to dismiss the complt. of Enzo Biochem, Inc. ; return date not indicated (ls)
August 18, 1999 Filing 20 PROOF of service of Notice of Court Conference as to Biomerieux SA by mail on 7/22/99. (sac)
August 10, 1999 Filing 19 Proof of service as to Chugai Pharmaceutic. by registered airmail, return receipt on 8/2/99. Answer due on 8/23/99 for Chugai Pharmaceutic. (sn) Modified on 08/12/1999
August 10, 1999 Filing 18 RETURN OF SERVICE executed as to Chugai Pharmaceutic. by Toni Leone, as agent of Chugai Pharmaceutical Co., Ltd. on 8/2/99. Answer due on 8/23/99 for Chugai Pharmaceutic. (sn) Modified on 08/12/1999
August 9, 1999 Opinion or Order Filing 17 ORDER; granting [12-1] motion to strike deft Pharma's affirmative defense and counterclaim of Inequitble conduct; granting [12-2] motion dismissing the inequitable conduct affirmative defense and counterclaim of deft Chugai Pharma USA; that Chugai Pharma will have twenty days from the date of entry of this order to amend its answer in accordance w/ Rule 9 (b) ; ( signed by Judge Alvin K. Hellerstein ); copies mailed. (ls)
August 4, 1999 Filing 16 RULE 1.9 CERTIFICATE filed by Biomerieux, Inc. (ls)
August 4, 1999 Filing 15 ANSWER to Complaint and COUNTERCLAIM; by Biomerieux, Inc.; (Attorney Christine B. Cesare); against Enzo Biochem, Inc.; Firm of: Bryan Cave, LLP by attorney Christine B. Cesare for defendant Biomerieux, Inc. (ls)
August 4, 1999 Filing 14 REPLY by Enzo Biochem, Inc. to [6-2] counter claim ; by attorney Richard L. DeLucia for counter-defendant Enzo Biochem, Inc. (jp)
August 3, 1999 Filing 13 MEMORANDUM by Enzo Biochem, Inc. in support of [12-1] motion to strike deft Pharma's affirmative defense and counterclaim of Inequitble conduct, [12-2] motion dismissing the inequitable conduct affirmative defesent and counterclaim of deft Chugai Pharma USA (cd)
August 3, 1999 Filing 12 NOTICE OF MOTION by Enzo Biochem, Inc. to strike deft Pharma's affirmative defense and counterclaim of Inequitble conduct ; dismissing the inequitable conduct affirmative defesent and counterclaim of deft Chugai Pharma USA ; Return date not indicated (cd)
July 26, 1999 Filing 11 RETURN OF SERVICE executed as to Gen-Probe Inc. by Diane G. Brown on 6/29/99 Answer due on 7/19/99 for Gen-Probe Inc. (djc)
July 22, 1999 Opinion or Order Filing 10 STIPULATION and ORDER, reset answer due for 8/18/99 for Gen-Probe Inc. ( signed by Judge Alvin K. Hellerstein ). (sn)
July 22, 1999 Opinion or Order Filing 9 STIPULATION and ORDER, reset answer due for 8/13/99 for Becton Dickinson ( signed by Judge Alvin K. Hellerstein ). (cd)
July 19, 1999 Filing 8 Filed Memo-Endorsement on letter addressed to Judge Hellerstein from Christine B. Cesare dated July 12, 1999, reset answer due for 8/4/99 for Biomerieux, Inc. In the future, plaintiffs' counsel shall take care not to violate his professional obligations of courtesy to adverse counsel (signed by Judge Alvin K. Hellerstein); Copies mailed. (djc)
July 14, 1999 Filing 7 RULE 1.9 CERTIFICATE filed by Chugai Pharma U.S.A. (ri)
July 14, 1999 Filing 6 ANSWER to Complaint and COUNTERCLAIM by Chugai Pharma U.S.A. (Attorney Robert J. Gunther Jr.) against Enzo Biochem, Inc.; Firm of: Latham & Watkins by attorney Robert J. Gunther Jr. for defendant Chugai Pharma U.S.A. (ri)
June 28, 1999 Filing 5 RETURN OF SERVICE executed as to Becton Dickinson by Connie Bertini on 6/24/99; Answer due on 7/14/99 for Becton Dickinson (ri)
June 28, 1999 Filing 4 RETURN OF SERVICE executed as to Chugai Pharma U.S.A. by Tony Leone on 6/24/99; Answer due on 7/14/99 for Chugai Pharma U.S.A. (ri)
June 28, 1999 Filing 3 RETURN OF SERVICE executed as to Biomerieux, Inc. by Connie Bertini on 6/24/99; Answer due on 7/14/99 for Biomerieux, Inc. (ri)
June 23, 1999 Filing 2 RULE 1.9 CERTIFICATE filed by Enzo Biochem, Inc. (em)
June 23, 1999 Filing 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 347925. (em)
June 23, 1999 Magistrate Judge Eaton is so Designated. (em)

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Search for this case: Enzo Biochem, Inc. v. Gen-Probe Inc., et al
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Defendant: Chugai Pharmaceutical Co., Ltd.
Represented By: Robert J. Gunther, Jr
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Defendant: Chugai Pharma U.S.A., Inc.
Represented By: Robert J. Gunther, Jr
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Defendant: Gen-Probe Incorporated
Represented By: William P. DiSalvatore
Represented By: Patricia Ann Carson
Represented By: S. Calvin Walden
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Defendant: Biomerieux, Inc.
Represented By: John J. McDonnnell
Represented By: Emily Miao
Represented By: Joshua Reuben Rich
Represented By: Christine B. Cesare
Represented By: John J. McDonnell
Represented By: Daniel A. Boehnen
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Defendant: Becton Dickinson and Company
Represented By: Francis James Menton, Jr
Represented By: Maia Beth Goodell
Represented By: Donald R. Ware
Represented By: S. Calvin Walden
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Defendant: Biomerieux SA
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Plaintiff: Enzo Biochem, Inc.
Represented By: Charles Alan Weiss
Represented By: Richard Louis DeLucia
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