Enzo Biochem, Inc. v. Gen-Probe Inc., et al
Enzo Biochem, Inc. |
Chugai Pharmaceutical Co., Ltd., Chugai Pharma U.S.A., Inc., Gen-Probe Incorporated, Biomerieux, Inc., Becton Dickinson and Company and Biomerieux SA |
1:1999cv04548 |
June 23, 1999 |
US District Court for the Southern District of New York |
Alvin K Hellerstein |
Patent |
35 U.S.C. § 271 |
Both |
Docket Report
This docket was last retrieved on October 25, 2005. A more recent docket listing may be available from PACER.
Document Text |
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Transmission of USCA for the Federal Circuit Mandate/Order to the District Judge re: 206 USCA Mandate,. (nd, ) |
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, ) |
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, ) |
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, ) |
Transmission of USCA Mandate/Order to the District Judge re: 205 USCA Order,,. (nd, ) |
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, ) |
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, ) |
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, ) |
Transmission of Notice of Appeal to the District Judge re: 203 Amended Notice of Appeal to the Federal Circuit. (tp, ) |
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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, ) |
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, ) |
Transmission of Notice of Appeal to the District Judge re: 200 Notice of Appeal to the Federal Circuit. (tp, ) |
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, ) |
Filing 199 TRANSCRIPT of proceedings held on July 27, 2004 before Judge Alvin K. Hellerstein.(ps, ) |
Filing 195 TRANSCRIPT of proceedings held on 7/27/04 before Judge Alvin K. Hellerstein.(dfe, ) |
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, ) |
Filing 194 RULE 56.1 STATEMENT. Document filed by Gen-Probe Incorporated. (dle, ) |
Filing 193 MEMORANDUM OF LAW in Support re: 192 MOTION for Summary Judgment.. Document filed by Gen-Probe Incorporated. (dle, ) |
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, ) |
Filing 191 RULE 56.1 STATEMENT. Document filed by Becton Dickinson and Company, Gen-Probe Incorporated. (kw, ) |
Filing 190 MEMORANDUM OF LAW in Support re: 189 MOTION for Summary Judgment. Document filed by Becton Dickinson and Company, Gen-Probe Incorporated. (kw, ) |
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, ) |
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Filing 187 TRANSCRIPT of proceedings held on 7/20/04 before Judge Alvin K. Hellerstein.(pa, ) |
Filing 186 TRANSCRIPT of proceedings held on 7/20/04 before Judge Alvin K. Hellerstein.(pa, ) |
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, ) |
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Filing 183 PLAINTIFFS POST-HEARING BRIEF pursuant to Leave Granted at 7/20/04 Hearing. Document filed by Enzo Biochem, Inc. (db, ) |
Minute Entry for proceedings held before Judge Alvin K. Hellerstein : Oral Argument held on 7/20/2004. (cd, ) |
Filing 181 SECOND DECLARATION of Charles A. Weiss in Opposition to Motion for Summary Judgment. Document filed by Enzo Biochem, Inc.. (ps, ) |
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, ) |
Filing 182 NOTICE of Withdrawal of Appearance of Maia Goodell as counsel. Document filed by Becton Dickinson and Company. (cd, ) |
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, ) |
Set Deadlines/Hearings: Oral Argument set for 7/20/2004 10:00 AM before Judge Alvin K. Hellerstein. (db, ) |
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, ) |
Filing 177 TRANSCRIPT of proceedings held on 3/18/04 before Judge Alvin K. Hellerstein.(ps, ) |
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, ) |
Filing 175 MEMORANDUM OF LAW in Opposition re: 137 Motion re patent invalidity. Document filed by Enzo Biochem, Inc.. (cd, ) |
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Filing 173 EXHIBITS AND DECLARATIONS in Opposition to Gen-Probe's Motion for Summary judgment of Laches. Document filed by Enzo Biochem, Inc. (tp, ) |
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, ) |
Filing 171 MEMORANDUM OF LAW in Opposition re: 107 Motion for Summary Judgment. Document filed by Enzo Biochem, Inc. (tp, ) |
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, ) |
Filing 169 RESPONSE to Defendants' Statement of Material Facts re: 107 Motion for Summary Judgment. Document filed by Enzo Biochem, Inc. (tp, ) |
Filing 168 RESPONSE to Gen-Probe's Statement of Material Facts re: 107 Motion for Summary Judgment. Document filed by Enzo Biochem, Inc. (tp, ) |
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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, ) |
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) |
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) |
Set Deadlines/Hearings: Expert reports due by 12/3/2003. (Pecorino, Joseph) |
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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) |
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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) |
Status Conference held and concluded on 10/16/03 before Judge Alvin K. Hellerstein. (ph) |
CASHIER'S OFFICE REMARK on [0-0] motion endorsed in the amount of $25.00 paid on 10/6/03 Receipt # 487321. (moc) |
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) |
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) |
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) |
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) |
Filing 156 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 7/11/03. (df) |
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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) |
PRETRIAL CONFERENCE held before Judge Alvin K. Hellerstein. (bw) |
PRETRIAL CONFERENCE set at 4:00 p.m. 10/16/03 before Judge Alvin K. Hellerstein. (bw) |
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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) |
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) |
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Filing 149 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 3/13/03. (pr) |
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Filing 146 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 10/1/02. (dt) |
Filing 145 REPLY by Enzo Biochem, Inc. to [142-1] counter claim. (Rec. in the night deposit box). (kw) |
Filing 144 REPLY by Enzo Biochem, Inc. to [25-2] counter claim. (Rec. in the night deposit). (kw) |
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) |
Filing 142 COUNTERCLAIM by Gen-Probe Inc. against Enzo Biochem, Inc. (tp) |
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 |
Filing 140 COUNTERCLAIM by Becton Dickinson against Enzo Biochem, Inc. (dle) |
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) |
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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) |
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) |
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Deadline(s) updated: case management conference for 4:00 p.m. on 10/1/02 . (tp) |
Filing 135 NOTICE of change of firm name and address by Becton Dickinson . (yv) |
Case reopened. (dt) |
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 |
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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) |
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) |
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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) |
Filing 129 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/24/01. (kkc) |
Filing 128 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/23/01. (kkc) |
Filing 127 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/23/01. (kkc) |
Filing 126 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/24/01. (db) |
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) |
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) |
Case closed. (kg) |
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Oral argument held before Judge Alvin K. Hellerstein. Summary Judgment motion granted. (jp) |
Oral argument held before Judge Alvin K. Hellerstein. Adjourned until 1/24/01. (jp) |
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 |
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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 |
Filing 120 Original document returned to pltff as per Endorsed Letter, doc. #122. (pl) Modified on 12/12/2000 |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 111 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 8/31/00. (jp) |
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) |
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) |
Filing 108 RULE 56.1 STATEMENT filed by Gen-Probe Inc., Chugai Pharma U.S.A., Chugai Pharmaceutic., Biomerieux, Inc., Becton Dickinson (lam) |
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 |
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Filing 105 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of July 20, 2000. (djc) |
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) |
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) |
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Filing 102 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 6/5/00. (sac) |
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Filing 98 DECLARATION of Gradley S. Corsello by Enzo Biochem, Inc. in support Re: [97-1] opposition memorandum . (pl) |
Filing 97 Enzo Biochem, Inc. Pre-Markman Hearing Brief (pl) |
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) |
Oral argument held before Judge Alvin K. Hellerstein. (jp) |
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) |
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) |
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) |
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) |
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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 |
Filing 88 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 1/19/00. (pl) |
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Filing 86 NOTICE of attorney appearance for Gen-Probe Inc. by William DiSalvatore (ls) |
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) |
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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 |
Filing 82 REPLY by Enzo Biochem, Inc. to [68-1] counter claim (sac) |
Filing 81 REPLY by Enzo Biochem, Inc. to [29-1] counter claim (sac) |
Filing 80 REPLY by Enzo Biochem, Inc. to [74-1] counter claim (sac) |
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Pretrial Conference held before Judge Alvin K. Hellerstein. Contested issue: yes. (sn) |
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Filing 76 RULE 1.9 CERTIFICATE filed by Gen-Probe Inc. (sac) |
Filing 75 ANSWER to Complaint and COUNTERCLAIM by Gen-Probe Inc. (Attorney William DiSalvatore) against Enzo Biochem, Inc. (sac) |
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Filing 72 AMENDED COUNTERCLAIM by Chugai Pharma U.S.A. : amending [6-2] counter claim (ls) |
Filing 71 ANSWER to Amended Complaint by Chugai Pharmaceutic. (Attorney Robert J. Gunther Jr. from the Firm: Latham & Watkins) (ls) |
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Filing 70 NOTICE of Name Change of attorney for Gen-Probe Inc. (djc) |
Filing 74 COUNTERCLAIM by Becton Dickinson against Enzo Biochem, Inc. (jp) |
Filing 68 COUNTERCLAIM by Biomerieux, Inc. against Enzo Biochem, Inc. (sn) |
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 |
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) |
Filing 65 AMENDED COMPLAINT by Enzo Biochem, Inc. Amending [1-1] complaint ; Summons issued. (jp) |
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) |
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) |
Filing 62 NOTICE of attorney appearance for Biomerieux, Inc. by John J. McDonnnell, Joshua R. Rich, Emily Miao (jp) |
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Status Conference held before Judge Alvin K. Hellerstein. (ri) |
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Filing 59 Return of service unexecuted as to Chugai Pharmaceutic. (emil) |
Filing 57 REPLY by Enzo Biochem, Inc. in opposition to Re: [56-1] opposition memorandum (pl) |
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) |
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) |
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) |
Receipt of check in the amount of $75.00, check #358533 on 11/2/99 for pro hac vice admission. (pl) |
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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) |
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) |
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) |
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) |
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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) |
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 |
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 |
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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 |
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) |
Deadline(s) updated: next pre-trial conference for 12:00 11/23/99 . (pl) |
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 |
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) |
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) |
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 |
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) |
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) |
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) |
Filing 36 DECLARATION of Bradley S. Corsello by Enzo Biochem, Inc. in support Re: [35-1] opposition memorandum (ls) |
Filing 35 MEMORANDUM by Enzo Biochem, Inc. in opposition to [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. (ls) |
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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) |
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 |
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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) |
Filing 29 COUNTERCLAIM by Chugai Pharma U.S.A. against Enzo Biochem, Inc. (ri) |
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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) |
Filing 26 RULE 1.9 CERTIFICATE filed by Becton Dickinson (ls) |
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) |
Filing 24 RULE 1.9 CERTIFICATE filed by Gen-Probe Inc. (ls) |
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) |
Filing 22 MEMORANDUM by Gen-Probe Inc. in support of [21-1] motion to dismiss the complt. of Enzo Biochem, Inc. (ls) |
Filing 21 NOTICE OF MOTION by Gen-Probe Inc.; to dismiss the complt. of Enzo Biochem, Inc. ; return date not indicated (ls) |
Filing 20 PROOF of service of Notice of Court Conference as to Biomerieux SA by mail on 7/22/99. (sac) |
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 |
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 |
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Filing 16 RULE 1.9 CERTIFICATE filed by Biomerieux, Inc. (ls) |
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) |
Filing 14 REPLY by Enzo Biochem, Inc. to [6-2] counter claim ; by attorney Richard L. DeLucia for counter-defendant Enzo Biochem, Inc. (jp) |
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) |
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) |
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) |
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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) |
Filing 7 RULE 1.9 CERTIFICATE filed by Chugai Pharma U.S.A. (ri) |
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) |
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) |
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) |
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) |
Filing 2 RULE 1.9 CERTIFICATE filed by Enzo Biochem, Inc. (em) |
Filing 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 347925. (em) |
Magistrate Judge Eaton is so Designated. (em) |
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