Teva Pharmaceuticals USA, Inc. et al v. Mylan Pharmaceuticals Inc. et al
Plaintiff Teva Pharmaceuticals' patent infringement lawsuit against defendants Mylan Pharmaceuticals and Natco Pharma over Teva's Copaxone drug for treating multiple-sclerosis.
| Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc. and Yeda Research and Development Co. Ltd. |
| Mylan Pharmaceuticals Inc., Mylan Inc. and Natco Pharma Ltd. |
| 1:2009cv08824 |
| October 16, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| None |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on December 7, 2012. A more recent docket listing may be available from PACER.
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Filing 259
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their undersigned counsel that: Any request for costs pursuant to Fed. R. Civ. P. 54(d)(1) and Local Civil Rule 54.1 and any motion for attorneys' fees pursuant to Fed. R. Civ. P. 54(d)(2) and 35 U.S.C. § 285 shall be filed within thirty (30) days of the issuance of the mandate by the Federal Circuit Court of Appeals in the appeals of this litigation (Fed. Cir. Appeal Nos. 12-1567, -1568, -1569, and -1570); Any opposition to any such request or motion shall be due within ninety (90) days of the filing of such request or motion; and Any reply in support of any motion shall be filed within thirty (30) days of the filing of any opposition. (Signed by Judge Barbara S. Jones on 9/7/2012) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(mro)
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| USCA Case Number 12-1569 from the US Court of Appeals, Federal Circuit assigned to 256 Notice of Appeal to the Federal Circuit, filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (nd) |
| USCA Case Number 12-1570 from the US Court of Appeals, Federal Circuit assigned to 257 Notice of Appeal to the Federal Circuit, filed by Natco Pharma Ltd., Mylan Inc., Mylan Pharmaceuticals Inc.. (nd) |
| Filing 258 TRANSCRIPT REQUEST FORM 22. No transcript ordered. Document filed by Momenta Pharmaceuticals, Inc.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the federal Circuit re: (340 in 1:08-cv-07611-BSJ -AJP, 257 in 1:09-cv-08824-BSJ) Notice of Appeal to the Federal Circuit. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ.(tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: (256 in 1:09-cv-08824-BSJ, 339 in 1:08-cv-07611-BSJ -AJP) Notice of Appeal to the Federal Circuit. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ.(tp) Modified on 7/27/2012 (tp). |
| Filing 257 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from (255 in 1:09-cv-08824-BSJ, 338 in 1:08-cv-07611-BSJ -AJP) Judgment. Form 7 and Form 22 are due within 14 days. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd. Filing fee $ 455.00, receipt number 465401044800. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ.(tp) |
| Filing 256 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from (255 in 1:09-cv-08824-BSJ, 338 in 1:08-cv-07611-BSJ -AJP) Judgment,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Form 7 and Form 22 are due within 14 days. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. Filing fee $ 455.00, receipt number 0208-7678459. (Attachments: # 1 Federal Circuit Appeal Information Sheet)Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Doyle, David) |
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Filing 255
FINAL JUDGMENT that 1. for the reasons set forth in the Court's Opinion dated June 22, 2012, that FINAL JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS and AGAINST THE SANDOZ DEFENDANTS with respect to Plaintiffs' claims that the product which is the subject of the Sandoz Defendants' ANDA No. 90-218 nfringes claims 1 and 8 of the '098 patent, claims 1, 8, 9, 10,12, 23, 30, and 31 ofthe '539 patent, claims 1 and 2 of the '430 patent, and claims 1 and 6 of the '847 patent pursuant to 35 U.S.C. § 271(e)(2)(A), and that each of these asserted claims against the Sandoz Defendants is valid, enforceable, and infringed;2. IT IS FURTHER ORDERED AND. ADJUDGED that FINAL JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS and AGAINST THE SANDOZ DEFENDANTS with respect to Plaintiffs' declaratory judgment claims pursuant to 35 U.S.C. §§ 2201,2202, that the product which is the subject of the Sandoz Defendants' ANDA No. 90-218 if commercially manufactured, used, marketed, sold, or offered for sale within the United States or imported thereto would infringe claims 1 and 8 of the '098 patent, claims 1, 8, 9, 10, 12, 23, 30, and 31 of the '539 patent, claims 1 and 2 of the '430 patent, claims 1 and 6 of the '847 patent against the Sandoz Defendants pursuant to 35 U.S.C. §§ 271(a), (b), and (c), and IT IS DECLARED that each of these asserted clai.ms against the Sandoz Defendants is valid, enforceable, and infringed; 3. IT IS FURTHER ORDERED AND ADJUDGED that FINAL JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS and AGAINST THE SANDOZ DEFENDANTS with respect to the Sandoz Defendants' counterclaims seeking declaratory judgment of non-infringement, invalidity and unenforccability of claims 1 and 8 of the '098 patent, claims 1, 8, 9, 10, 12, 23, 30, and 31 of the '539 patent, claims 1 and 2 of the '430 patent, claims l and 6 of the '847 patent, claim 1 of the '589 patent, claim 1 ofthe '476 patent, claim 1 of the '161 patent, claim 1 of the '808 patent, and claims 1 and 2 of the '898 patent, all such counterclaims are DISMISSED WITH PREJUDICE, and IT IS DECLARED that each of these asserted claims against the Sandoz Defendants is valid, enforceable, and infringed by the product which is the subject of the Sandoz Defendants' ANDA No. 90-218; 4. IT IS FURTHER ORDERED AND ADJUDGED that FINAL JUDGMENT ISENTERED IN FAVOR OF PLAINTIFFS and AGAINST THE MYLAN DEFENDANTS with respect to Plaintiffs' claims that the product which is the subject of the Mylan Defendants' ANDA No. 91-646 infringes claims 1 and 8 of the '098 patent, claims 1, 8, 9, 10, 12, 23. 30, and 31 of the '539 patent, claims 1, 2, and 3 of the '430 patent, claims 1 and 6 of the '847 patent, claim l of the '589 patent, claim 1 ofthe '476 patent, and claim 1 of the '161 patent pursuant to 35U.S.C. §271 (e)(2)(A), and that each of these asserted claims against the MylanDefendants is valid, enforceable, and infringed; 5. IT IS FURTHER ORDERED AND ADJUDGED that FINAL JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS and AGAINST THE MYLAN DEFENDANTS with respect to Plaintiffs' declaratory judgment claims pursuant to pursuant to 35 U.S.C. §§ 2201, 2202, that the product which is the subject of the My1an Defendants' ANDA No. 91-646 if commercially manufactured, used, marketed, sold, or offered for sale within the United States or imported thereto would infringe claims 1 and 8 of the '098 patent, claims 1, 8, 9, 10, 12, 23, 30, and 31 of the '539 patent, claims l, 2, and 3 of the '430 patent, claim l of the '589 patent, claim 1 of the '476 patent, claim 1 of the' 161 patent, claims 1 and 6 of the '847 patent against the Mylan Defendants pursuant to 35 U.S.C. §§ 27l(a), (b), (c), and IT IS DECLARED that each of these asserted claims against the Mylan Defendants is valid, enforceable, and infringed; 6. IT IS FURTHER ORDERED AND ADJUDGED that FINAL JUDGMENT ISENTERED IN FAVOR OF PLAINTIFFS and AGAINST THE MYLAN DEFENDANTS with respect to the My1an Defendants' counterclaims seeking declaratory judgment of non-infringement invalidity, and unenforceability of claims 1 and 8 of the '098 patent, claims 1, 8, 9, 10, 12, 23, 30, and 31 of the '539 patent, claims 1, 2, and 3 of the '430 patent, claim 1 of the '589 patent, claim 1 of the '4 7 6 patent, claim 1 of the '161 patent, claim 1 of the '808 patent, claims 1and 6 of the '847 patent, and claims 1, 2, and 3 of the '898 patent, all suchcounterclaims are DISMISSED WIT1l PREJUDICE, and IT IS DECLARED that each of these asserted claimsagainst the Mylan Defendants is valid, enforceable,and infringed by the product which is the subject of the Mylan Defendants'ANDA No. 91-646; 7. IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 27l(e)(4)(A), the effective date of any approval by the U.S. Food and Drug Administration ("FDA") of the Sandoz Defendants' ANDA No. 9Q-218 shall not be earlier than the expiration ofthe '098 patent, the '539 patent, the '589 patent, the '476 patent, the '161 patent, the '430 patent, and the '847 patent on May 24,2014, or, to the extent the FDA determines that a pediatric exclusivity is applicable, the date any such exclusivity ends, but that Plaintiffs will provide written notice to the Sandoz Defendants of such grant of pediatric exclusivity within five (5) days of receiving award of exclusivity from the FDA; 8. IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 271 (e)(4)(A), the effective date of any approval by the FDA of the Mylan Defendants' ANDA No. 91-646, shall not be earlier than the expiration of the '098 patent, the '539 patent, the '589 patent, the '476 patent, the '161 patent, the '430 patent, and the '847 patent on May 24,2014, or, to the extent the FDA determines that a pediatric exclusivity is applicable, the date any such exclusivity ends, but that Plaintiffs will provide written notice to the Mylan Defendants of such grant of pediatric exclusivity within five (5) days of receiving award of exclusivity from the FDA; 9. IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 27l(eX4)(B), the Sandoz Defendants and each of their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with any of them are permanently enjoined from engaging in the commercial manufacture, use, offer to sell, or sale within the United States, or importation into the United States, of the product which is the subject of the Sandoz Defendants' ANDA No. 90~218, which infringes claims 1 and 8 of the '098 patent, claims 1, 8, 9, 10, 12, 23, 30, and 31 of the '539 patent, claim 1 of the '589 patent, claim 1 of the '476 patent, claim 1 of the' 161 patent. claims 1 and 2 of the '430 patent, and claims 1 and 6 of the '847 patent until May 24, 2014; 10. IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 271(e)(4)(B), the Mylan Defendants, each of their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with any of them are permanently enjoined from engaging in the commercial manufacture, use, offer to sell, or sale within the United States, or importation into the United States, of the product which is the subject of the Mylan Defendants' ANDA No. 91-646, which infringes claims 1 and 8 ofthe '098 patent, claims 1, 8, 9, 10, 12, 23, 30, and 31 of the '539 patent, claim 1 of the '589 patent, claim 1 of the '476 patent, clahn 1 of the '161 patent, claims 1, 2, and 3 ofthc '430 patent, and claims 1 and 6 of the '847 patent until May 24, 2014; 11. IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 283, the Sandoz Defendants, their respective officers, directors, employees, agents, successors, affiliates and assigns, and all persons and entities acting in concert or participation with them are permanently enjoined from directly or indirectly engaging in the commercial manufacture, use, marketing, sale, or offer for sale within the United States, or from importing into the United States, of the product which is the subject of the Sandoz Defendants' ANDA No. 90-218 until the expiration of the '808 patent on September 1, 2015, and are permanently enjoined from directly or indirectly engaging in the commercialmanufacture, use, marketing, sale, or offer for sale within the United States, or from importing into the United States, of the product which is the subject ofthe Sandoz Defendants' ANDA No. 90-218 until the expiration of the '098 patent, the '539 patent, the '430 patent, the '589 patent, the '476 patent, the '161 patent, the '847 patent, and the patent '898 patent on May 24, 2014; 12. IT IS FURTHER ORDERED that, pursuant to 35 U.S.C. § 283, the MylanDefendants, their respective officers, directors, employees, agents, successors,affiliates and assigns, and all persons and entities acting in concert or participation with them are permanently enjoined from directly or indirectly engagjng in the commercial manufacture, use, marketing, sale, or offer for sale within the United States, or from importing into the United States, of the product which is the subject of the Mylan Defendants' ANDA No. 91646 until the expiration of the '808 patent on September 1, 2015, and are permanently enjoined from directly or indirectly engaging in the commercial manufacture, use, marketing, sale, or offer for sale within the United States, or from importing into the United States, of the product which is the subject of the Mylan Defendants' ANDA No. 91-646 until the expiration of the '098 patent, the '539 patent, the '430 patent, the '589 patent, the '476 patent, the '161 patent, the '847 patent, and the patent '898 patent on May 24, 2014; 13. IT IS FURTHER ORDERED THAT nothing in this FINAL JUDGMENT ORDER
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| Filing 254 ENDORSED LETTER addressed to Judge Barbara S. Jones from David M. Hashmall dated 7/2/2012 re: Plaintiffs requests that the Court grant them an eight-day extension of time, until Tuesday, July 10, 2012, for the submission of the proposed final judgment order for the above-referenced actions. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 7/5/2012) (djc) |
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Filing 253
OPINION AND ORDER # 102065: For the reasons provided within, the Court finds that both Mylan's and Sandoz's ANDA infringe all of the asserted claims, and that none of the asserted claims are invalid or unenforceable. Teva is ordered to submit a proposed judgment incorporating the rulings contained in this Opinion and Order to the Court on or before July 2, 2012. (Signed by Judge Barbara S. Jones on 6/22/2012) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(laq) Modified on 7/16/2012 (ft).
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| Filing 252 SEALED DOCUMENT placed in vault.(mps) |
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Filing 251
ORDER: After a bench trial and the Court's review of the parties' post-trial briefing, the Court finds that the Defendants', Mylan Pharmaceuticals Inc., et al. and Sandoz, Inc. et al., abbreviated new drug applications infringe all of the asserted claims of the Plaintiffs' patents and that none of the asserted claims are invalid or unenforceable. The full opinion of the Court's findings of fact and conclusions of law will follow immediately after the parties have had the opportunity to review it in order to request redactions of any proprietary information it may contain. See Dkt. No. 332 in 08-cv-7611.) (Signed by Judge Barbara S. Jones on 6/22/2012) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(laq)
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Filing 250
ENDORSED LETTER addressed to Judge Barbara S. Jones from Shannon M. Bloodworth dated 6/7/2012 re: Counsel requests that Alfonso N. Cornish, II be removed from the docket sheets and all service lists and no longer receive electronic notifications in these actions. ENDORSEMENT: SO ORDERED. (Signed by Judge Barbara S. Jones on 6/8/2012) (tro)
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| Filing 249 ENDORSED LETTER addressed to Judge Barbara S. Jones from Anders T. Aannestad dated 4/26/2012 re: We write in response to Teva's letter dated April 23, 2012, regarding an issue that was previously addressed by Magistrate Judge Peck. Sandoz respectfully requests that the Court deny Teva's request to add new attorneys with access to confidential information, other than the substitution proposed for Mr. Bauersmith, to which Sandoz does not object. ENDORSEMENT: Teva's request to add new attorneys other than the one attorney to substitute for Mr. Bauersmith is denied. (Signed by Judge Barbara S. Jones on 4/27/2012) (lmb) |
| Filing 248 ENDORSED LETTER addressed to Judge Barbara S. Jones from Anders T. Aannestad dated 4/5/2012 re: Counsel for the defendants propose that the Court issue a public order requesting that each party submit any proposed redactions of proprietary information, or notice that it will not request redactions within two business days of the Court's order. Any objections to redactions proposed by any party would be due within fom business days of the Court's order. ENDORSEMENT: The procedure suggested by counsel as outlined above is acceptable to the Court. Request granted. So ordered. (Signed by Judge Barbara S. Jones on 4/10/2012) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(ft) |
| Filing 247 SEALED DOCUMENT placed in vault.(mps) |
| Filing 246 NOTICE of WITHDRAWAL OF COUNSEL. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Jean, Patrice) |
| Filing 245 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/3/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 244 TRANSCRIPT of Proceedings re: Conference held on 11/3/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 243 REPLY to Defendants' Proposed Findings of Fact and Conclusions of Law (Redacted). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Hashmall, David) |
| Filing 242 RESPONSE in Opposition to Defendants' Proposed Findings of Fact and Conclusions of Law (Redacted). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Hashmall, David) |
| Filing 241 REPLY to Plaintiffs' Opposition to Sandoz, Inc. and Momenta Pharmaceuticals, Inc.'s Proposed Findings of Fact and Conclusions of Law (redacted). Document filed by Momenta Pharmaceuticals, Inc., Sandoz, Inc.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Doyle, David) |
| Filing 240 RESPONSE to Plaintiffs' Proposed Findings of Fact and Conclusions of Law (redacted). Document filed by Momenta Pharmaceuticals, Inc., Sandoz, Inc.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Doyle, David) |
| Filing 239 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc..Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Doyle, David) |
| Filing 238 REPLY in Support of Post-Trial Findings of Facts and Conclusions of Law. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Solano, Ricardo) |
| Filing 237 RESPONSE to Plaintiffs' Proposed Findings of Fact and Conclusions of Law (redacted). Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Solano, Ricardo) |
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Filing 236
ORDER: The Court advises the Clerk of the Court that the following motions were decided during trial: 1) the Motion in Limine to Preclude Improper Expert Testimony of Defendant's Patent Law Expert (document 147) and 2) the Motion in to Preclude Plaintiffs from Offering Undisclosed Expert Testimony of Jon Congleton (document 164). The Clerk of the Court is directed to termionate the motions (documents 147 and 164). (Signed by Judge Barbara S. Jones on 11/7/2011) (cd)
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| Filing 235 ENDORSED LETTER addressed to Judge Barbara S. Jones from Shannon M. Bloodworth dated 10/31/2011 re: Counsel request that defendants be allowed 5 additional pages to cogently address plaintiff's arguments. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 11/3/2011) (jfe) |
| Filing 234 NOTICE of Materials Filed Under Seal. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Ebie, Kenneth) |
| Filing 233 SEALED DOCUMENT placed in vault.(nm) |
| Filing 232 NOTICE of Materials Filed Under Seal. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Blessing, Carolyn) |
| Filing 231 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd..(Hashmall, David) |
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Filing 230
ORDER: Should the parties elect to file reply briefs in support of their proposed findings of fact and conclusions of law on October 31, 2011, Defendants' reply briefs shall not exceed twenty-five pages in length and Plaintiffs' reply brief shall not exceed fifty pages in length. (Signed by Judge Barbara S. Jones on 10/25/2011) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(mro)
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| Filing 229 NOTICE of Materials Filed Under Seal. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Ebie, Kenneth) |
| Filing 228 SEALED DOCUMENT placed in vault.(mps) |
| Filing 227 POST TRIAL MEMORANDUM. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd..(Solano, Ricardo) |
| Filing 226 NOTICE of Materials Filed Under Seal. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Hashmall, David) |
| Filing 225 SEALED DOCUMENT placed in vault.(mps) |
| Filing 224 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/21/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 223 TRANSCRIPT of Proceedings re: Trial held on 9/21/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 222 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/20/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 221 TRANSCRIPT of Proceedings re: TRIAL held on 9/20/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 220 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 219 TRANSCRIPT of Proceedings re: Trial held on 9/19/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012. (Attachments: # 1 transcript)Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 218 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/16/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 217 TRANSCRIPT of Proceedings re: TRIAL held on 9/16/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 216 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/15/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 215 TRANSCRIPT of Proceedings re: Trial held on 9/15/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 214 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/14/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 213 TRANSCRIPT of Proceedings re: TRIAL held on 9/14/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 212 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/13/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 211 TRANSCRIPT of Proceedings re: TRIAL held on 9/13/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/9/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 209 TRANSCRIPT of Proceedings re: Trial held on 9/9/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/8/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 207 TRANSCRIPT of Proceedings re: Trial held on 9/8/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 9/7/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 205 TRANSCRIPT of Proceedings re: Trial held on 9/7/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012. (Attachments: # 1 transcript)Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| CASHIERS OFFICE REMARK on 200 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 09/06/2011, Receipt Number 1015743. (jd) |
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Filing 204
ORDER FOR ADMISSION PRO HAC VICE granting 200 Motion for David E. Jones to Appear Pro Hac Vice. It is hereby Ordered that David E. Jones is admitted to practice pro hac vice as counsel for Mylan Pharmaceuticals Inc., Mylan Inc., and Natco Pharma Ltd. in the above-captioned action in the United States District Court for the Southern District of New York. (Signed by Judge Barbara S. Jones on 9/9/2011) (mro)
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| Filing 203 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/30/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 202 TRANSCRIPT of Proceedings re: Conference held on 8/30/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Guido Tascione, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/6/2011. Redacted Transcript Deadline set for 10/17/2011. Release of Transcript Restriction set for 12/15/2011.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
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Filing 201
STIPULATION AND ORDER REGARDING "PHARMACEUTICAL COMPOSITION" AND "PHARMACEUTICALLY ACCEPTABLE EXCIPIENT" LIMITATIONS IN CLAIMS 12, 23, 30, AND 31 OF U.S. PATENT NO. 6,939,539: It is hereby Stipulated and Agreed by and between the parties, through their undersigned counsel that: Mylan's proposed glatiramer acetate product, pursuant to ANDA No. 91-646, literally meets the "pharmaceutical composition" and "pharmaceutically accecptable excipient" limitations of Claim 12, 23, 30 and 31 of U.S. Patent No. 6,939,539. Plaintiff will not call Dr. Arthur H. Kibbe as a witness at trial. Plaintiffs will continue to have the burden of proof regarding all other claim limitations in Claim 12, 23, 30 and 31 of U.S. Patent No. 6,939,539; and Mylan will have the right to argue that it does not meet the remaining claim limitations in Claims 12, 23, 30 and 31. (Signed by Judge Barbara S. Jones on 9/9/2011) (mro)
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| Filing 200 MOTION for David E. Jones to Appear Pro Hac Vice. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.(pgu) |
| Filing 199 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/30/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
| Filing 198 TRANSCRIPT of Proceedings re: Conference held on 8/30/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Guido Tascione, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/10/2011. Release of Transcript Restriction set for 12/8/2011.Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(McGuirk, Kelly) |
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Filing 194
MEMORANDUM AND ORDER, the disputed claim terms shall have the constructions set forth in this Order. In view of the Court's finding that the claims are capable of construction, Mylan's motion for a summary judgment finding of invalidity on the basis of indefiniteness (Dkt. 96 in 09 Ci v. 8824 (BSJ) (AJP)) is DENIED. The Clerk of the Court is directed to terminate this motion. in case 1:08-cv-07611-BSJ -AJP; denying (96) Motion for Summary Judgment in case 1:09-cv-08824-BSJ. (Signed by Judge Barbara S. Jones on 8/24/11) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(pl)
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| Filing 8 ANSWER to Complaint., COUNTERCLAIM against Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc..(Jacob, Beth) |
| Filing 1 COMPLAINT against Mylan Pharmaceuticals Inc., Mylan Inc., Natco Pharma Ltd. (Filing Fee $ 350.00, Receipt Number 702994)Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd. (Attachments: # 1 Exhibit)(mro) |
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