New York University v. Galderma Laboratories, Inc.
| New York University |
| Galderma Laboratories, Inc. |
| 1:2012cv08169 |
| November 8, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alvin K Hellerstein |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2018. A more recent docket listing may be available from PACER.
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Filing 172
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Galderma Laboratories, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by New York University.(Zappia, Andrew)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Zappia to RE-FILE Document #171 Stipulation of Voluntary Dismissal. ERROR(S): Signature error- please re-file with original signature from both sides. (tro)
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Filing 171
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Galderma Laboratories, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by New York University.(Zappia, Andrew) Modified on 1/17/2018 (tro).
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Filing 170
CIVIL CASE MANAGEMENT PLAN: New York University ("NYU") made a jury demand in its pleadings and requests a jury trial. Galderma Laboratories, Inc. ("Galderma") reserves the right to contest whether NYU has a right to a jury trial. Joinder of Parties due by 8/31/2017. Amended Pleadings due by 8/31/2017. Case Management Conference set for 3/23/2018 at 10:00 AM before Judge Alvin K. Hellerstein, and as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 8/25/2017) (ap)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 8/18/2017, ( Status Conference set for 3/23/2018 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
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Filing 169
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Andrew P. Zappia dated 7/12/2017 re: request that the Court adjourn the July 14, 2017 status conference. ENDORSEMENT: The status conference is adjourned to August 18, 2017 at 10:00 a.m. (Status Conference set for 8/18/2017 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/12/2017) (ras)
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Filing 168
STIPULATION RELEASING SUPERSEDEAS BOND AND DISMISSING CERTAIN CLAIMS: It is therefore hereby ORDERED that the Liberty Mutual Bond is unconditionally RELEASED and DISCHARGED, with no claim having been made, and no claim to be made, on the Liberty Mutual Bond; that Count II of the Amended Complaint is DISMISSED with prejudice; that Count VII of the Amended Complaint is DISMISSED with prejudice to the extent of claims pre-dating the Final Judgment (the "Dismissed Claims"), and, for the avoidance of doubt, NYU is not precluded from pursuing in this action claims under Count VII that are not Dismissed Claims. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/22/2017) (ama)
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Filing 167
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles Michael dated 5/31/17 re: Counsel requests an adjournment of the June 16, 2017 status conference. ENDORSEMENT: The status conference is adjourned to July 14, 2017 at 10:00 a.m. So Ordered. ( Status Conference set for 7/14/2017 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/2/2017) (mro)
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Filing 166
SCHEDULING ORDER: Consistent with the mandate of the Second Circuit, a status conference will be held on June 16, 2017 at 10:00 a.m. to determine further proceedings, "including discovery on the factual question of whether Oracea is covered by any of the claims in either of the Amin Patents." Mandate of the United States Court of Appeals for the Second Circuit, ECF 165, at 3. SO ORDERED. (Status Conference set for 6/16/2017 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/18/17) (yv)
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Filing 165
MANDATE of USCA (Certified Copy) as to #158 Corrected Notice of Appeal, filed by Galderma Laboratories, Inc., #159 Notice of Cross Appeal, filed by New York University. USCA Case Number 16-722(L), 16-817(XAP). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent with this order. Each side to bear its own costs. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/17/2017. (nd)
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Transmission of USCA Mandate to the District Judge re: #165 USCA Mandate,,. (nd)
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Filing 164
TRUE COPY ORDER of USCA as to #157 Notice of Appeal, filed by Galderma Laboratories, Inc., #159 Notice of Cross Appeal, filed by New York University USCA Case Number 16-722(L), 16-817(XAP). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED in part, VACATED in part, and REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/26/2017. (nd)
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Filing 163
STIPULATED ORDER AMENDING FINAL JUDGMENT AND APPROVING REPLACEMENT SUPERSEDEAS BOND. It is therefore hereby ORDERED that: 1. The Final Judgment (ECF 155, 161) is hereby AMENDED so that it is increased from $3,666,559.85 to $4,188,417.75 inclusive of interest through November 14, 2016, plus additional interest at the contract rate or $564.40 per diem after November 14, 2016. 2. The previous Bond and rider (ECF 156, RLI Insurance Company Bond No. CMS0289065, dated February 23, 2016, and ECF 161, Surety Rider, RLI Insurance Company, dated April 20, 2016) are hereby DISCHARGED and VOIDED in full and replaced by the bond attached as Exhibit A, which increases the bonded amount from $3,948,001.77 to $4,404,396.00. The bond attached as Exhibit A is hereby APPROVED. 3. The stay on execution of the past due damages amounts and interest under the Final Judgment, as amended herein, that are the subject of the supersedeas bond, shall remain in effect pending appeal. 4. The Final Judgment, dated February 11, 2016, contains additional provisions (ECF 155 paragraphs 4-6) that are not addressed by this Stipulated Order. The parties' rights and obliga1ions concerning those provisions are unaffected by this Stipulated Order, and shall remain as if this Stipulated Order had not been entered. So ordered. (Signed by Judge Alvin K. Hellerstein on 1/8/2017) (rjm).
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Filing 162
STIPULATED ORDER AMENDING FINAL JUDGMENT AND APPROVING RIDER TO SUPERSEDEAS BOND: 1. The Final Judgment (ECF 155) is hereby AMENDED so that it is increased from $3,533,189.14 to $3,666,559.85. 2. The rider to the supersedeas bond attached as Exhibit A, increasing the bond amount from $3,804,621.26 to $3,948,001.77 (the "Rider"), is hereby APPROVED. 3. The stay on execution of the past due damages amount and interest under the Final Judgment, as amended herein, that are the subject of the Bond and the Rider shall remain in effect pending appeal. 4. The Final Judgment, dated February 11, 2016, contains additional provisions (ECF 155 paragraphs 4-6) that are not addressed by this Stipulated Order. The parties' rights and obligations concerning those provisions are unaffected by this Stipulated Order, and shall remain as if this Stipulated Order had not been entered. (Signed by Judge Alvin K. Hellerstein on 1/12/2017) (kgo)
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Filing 161
STIPULATION AND ORDER AMENDING FINAL JUDGMENT AND APPROVING RIDER TO SUPERSEDEAS BOND: It is therefore hereby ORDERED that: The Final Judgment (ECF 155) is hereby AMENDED so that it is increased from $3,533,189.14 to $3,666,559.85. The rider to the supersedeas bond attached as Exhibit A, increasing the bond amount from $3,804,621.26 to $3,948,001.77 (the "Rider"), is hereby APPROVED. The stay on execution of the past due damages amount and interest under the Final Judgment, as amended herein, that are the subject of the Bond and the Rider shall remain in effect pending appeal. The Final Judgment, dated February 11,2016, contains additional provisions (ECF 155 4-6) that are not addressed by this Stipulated Order. The parties' rights and obligations concerning those provisions are unaffected by this Stipulated Order, and shall remain as if this Stipulated Order had not been entered.SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/27/2016) (ama)
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Filing 160
CERTIFICATE OF SERVICE of Notice of Cross Appeal (Dkt No 159) served on Galderma Laboratories, Inc. on 03/17/2016. Document filed by New York University. (Zappia, Andrew)
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Filing 159
NOTICE OF CROSS APPEAL from #155 Judgment,,,,,,,,,,,,,,, #44 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion to Stay, Order on Motion for Discovery,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by New York University. Filing fee $ 505.00, receipt number 0208-12079653. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Zappia, Andrew)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #159 Notice of Cross Appeal, filed by New York University were transmitted to the U.S. Court of Appeals. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #159 Notice of Cross Appeal,. (nd)
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Filing 158
CORRECTED NOTICE OF APPEAL re: #157 Notice of Appeal, #155 Judgment,,,,,,,,,,,,,,,. Document filed by Galderma Laboratories, Inc.. (Michael, Charles)
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Filing 157
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Galderma Laboratories, Inc. Filing fee $ 505.00, receipt number 0208-12028925. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Michael, Charles) Modified on 3/4/2016 (tp).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Michael, Charles to RE-FILE Document No. #157 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #158 Corrected Notice of Appeal filed by Galderma Laboratories, Inc. were transmitted to the U.S. Court of Appeals. (tp)
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Appeal Fee Paid electronically via Pay.gov: for #158 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-12028925, paid on 3/4/2016. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #158 Corrected Notice of Appeal. (tp)
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Filing 156
STIPULATED ORDER APPROVING SUPERSEDEAS BOND AND STAYING EXECUTION OF JUDGMENT PENDING APPEAL: The undersigned parties have agreed to the form and amount of the Supersedeas Bond attached as Exhibit A and request that the Court approve the Supersedeas Bond and stay execution of the past due damages amount and interest through February 10, 2016 of $3,533,189.14 contained in the Final Judgment, dated February 11, 2016 (Doc. 155 paragraphs 1-3) pending appeal. It is therefore hereby ORDERED that 1. The Supersedeas Bond attached as Exhibit A is approved; and 2. Execution on the past due damages amount and interest through February 10, 2016 of $3,533,189.14 contained in the Final Judgment, dated February 11, 2016 (Doc. 155 paragraph 1-3) is hereby STAYED pending appeal, under Fed. R. Civ. P. 62(d). 3. The Final Judgment, dated February 11, 2016, contains additional provisions (Doc. 155 paragraph 4-6) that are not addressed by this Stipulated Order. The parties' rights and obligations concerning those provisions are unaffected by this Stipulated Order, and shall remain as if this Stipulated Order had not been entered. (Signed by Judge Alvin K. Hellerstein on 2/25/2016) (mro)
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Filing 155
FINAL JUDGMENT: On Count I of the Amended Complaint filed August 4, 2015, in the amount of Three Million One Thousand Two Hundred Sixteen Dollars and One Cent ($3,001,216.01), representing royalties owed by Defendant to Plaintiff for sales of Oracea under the Research, License and Option Agreement effective December 1, 1998 (the "Agreement"), through June 30, 2015, plus accrued interest thereon at the contract rate of 5.25% per annum through December 7, 2015 in the amount of Two Hundred Fifty-Five Thousand Five Hundred Ninety-Eight Dollars and Ninety-Five Cents ($255,598.95); and On Count II of the Amended Complaint, in the amount of One Hundred Eighty-Seven Thousand One Hundred Sixty-Six Dollars and Ninety-One Cents ($187,166.91), representing Plaintiff's reimbursable attorneys' fees incurred between July 5, 2012 and July 27, 2014, plus accrued interest on the past due amounts at the contract rate of 5.25% per annum through Decembe11 7, 2015 in the amount of Nineteen Thousand One Hundred Seventy-Nine Dollars and Thirty-Eight Cents ($19,179.38); and In the total amount on Counts I, II, and VII of the Amended Complaint, of $3,503,023.29, inclusive of interest through December 7, 2015, plus additional interest at said contract rate as computed by the Clerk of Court, at the rate of $464.09 per day from December 7, 2015 through the date of entry of this Judgment in the amount of $30,165.85, for a grand total, principal and interest, of $3,533,189.14, plus costs to be determined by the Clerk, after the parties file a bill of costs pursuant to Fed. R. Civ. P. Rule 54. Plaintiff may have execution thereon, as provided by Fed. R. Civ. P. Rule 69, effective immediately upon entry of judgment. Galderma shall account for sales of Oracea for the reporting periods ending June 30, 2015 immediately, and for the periods ending December 31, 2015, June 30, 2016, and thereafter, within 90 days of the end of reach royalty reporting period, as provided by the Agreement 7(b), regardless of any and all defenses heretofore adjudicated and denied by the Court, and shall pay plaintiff such amounts as are shown or found to be due by such accountings, or suffer writs of execution for failures timely to pay. This court shall have continuing jurisdiction to determine disputes regarding said accountings, and to authorize execution of amounts shown or found to be due. However, this judgment is final and immediately appealable. All substantive rights and obligations between plaintiff and defendant under the Agreement have been determined. Defendant refuses to accept such determination unless and until the Court of Appeals decides the issue. An immediate appeal is necessary since defendant insists on relitigating the same issues in this court each time a new accounting period is reached and plaintiff moves to enforce its contract rights. The relitigations of the same issues in the District Court will compound proceedings unnecessarily, waste judicial resources, and cause undue expense to the parties. The issues remaining in the District Court involve only calculations of sales of Oracea during future royalty periods. The parties regularly have agreed to such calculations, and the District Court's continuing jurisdiction will not affect the issues of an appeal from this judgment, nor moot those issues, nor be basis for a new appeal on such issues. No claim or counterclaim could result in a set-off against this judgment. Counts III, IV, V and VI of the Amended Complaint, and any and all remaining claims, are dismissed with prejudice. (Signed by Judge Alvin K. Hellerstein on 2/10/2016) (tn)
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Terminate Transcript Deadlines (tn)
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Filing 154
JOINT LETTER addressed to Judge Alvin K. Hellerstein from Charles Michael dated February 4, 2016 re: Response to Questions in the Court's January 27, 2016 Order. Document filed by Galderma Laboratories, Inc..(Michael, Charles)
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Filing 153
ORDER: The parties shall advise the Court by February 4, 2016, by way of a joint letter: 1) What was the "Date of First Commercial Sale" of Oracea? 2) What is the expiration date of the last-to-expire patent listed in Appendix I of the Agreement? See Agreement, 1(e); 6(b); Appendix I. (Signed by Judge Alvin K. Hellerstein on 1/27/2016) (tn)
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Filing 152
JOINT LETTER addressed to Judge Alvin K. Hellerstein from Timothy C. Bickham dated January 12, 2016 re: Dispute Regarding Form of Judgment. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit Ex. 1- Galderma Proposed Final Judgment, #2 Exhibit Ex. 2 - Email 12/1/15, #3 Exhibit Ex. 3 - Email 12/4/15, #4 Exhibit Ex. 4 - NYU Proposed Rule 54(b) Judgment)(Michael, Charles)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/30/2015. (Jones, Brigitte)
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Filing 151
NOTICE OF APPEARANCE by Charles Anthony Michael on behalf of Galderma Laboratories, Inc.. (Michael, Charles)
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Filing 150
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Timothy C. Bickham dated 9/16/2015 re: Counsel requests that the hearing be reset to October 30. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 9/18/2015) (tn)
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Filing 149
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Gregory J. Mascitti dated 9/4/2015 re: Counsel writes to request a 30-day adjournment of the September 11, 2015 hearing. ENDORSEMENT: The conf is adjourned to Oct. 16, 2015, at 10:45 am. (Signed by Judge Alvin K. Hellerstein on 9/11/2015) (tn)
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Set/Reset Hearings: Status Conference set for 10/16/2015 at 10:45 AM before Judge Alvin K. Hellerstein. (tn)
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Filing 148
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Timothy C. Bickham dated 9/8/2015 re: Counsel writes regarding the hearing scheduled for September 11, 2015, and the written request from counsel for NYU for a 30-day adjournment. ENDORSEMENT: Conference is adjourned to October 30, 2015 at 10:00 am. (Status Conference set for 10/30/2015 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/9/2015) (tn) Modified on 9/14/2015 (tn).
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Filing 147
AFFIDAVIT OF SERVICE served on Gregory J. Mascitti and Andrew Peter Zappia on August 20, 2015. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 146
ANSWER to #145 Amended Complaint,. Document filed by Galderma Laboratories, Inc..(Allan, Michael)
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Filing 145
AMENDED COMPLAINT amending #1 Complaint against Galderma Laboratories, Inc. with JURY DEMAND.Document filed by New York University. Related document: #1 Complaint filed by New York University. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zappia, Andrew)
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Filing 144
ORDER AND OPINION GRANTING MOTION BY NYU FOR PARTIAL SUMMARY JUDGMENT AND PROVIDING FOR PARTIAL FINAL JUDGMENT #105783 re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint filed by New York University: For the foregoing reasons, summary judgment is granted in favor of NYU in the amounts of $8,438.50 for attorneys' fees and $38,176.61 for maintenance fees and expenses through December 31, 2014. NYU shall supplement its Complaint within 7 days to specifically add a claim for maintenance fees and expenses. The allegations will be deemed denied by Galderma with no further answer required. Within 30 days, Galderma shall produce all royalty reports required by the license agreement for the periods ended December 31, 2013, June 30, 2014, and December 31, 2014 and, at the same time, remit the amount of royalties due for each such period. On September 11, 2015, the parties shall meet with me and make submissions for an entry of partial final judgment, subject to execution, pursuant to Fed. R. Civ. P. 54(b). The Clerk shall mark NYU's motion (Doc. No. 129) terminated. (Signed by Judge Alvin K. Hellerstein on 7/31/2015) (tn) Modified on 8/24/2015 (soh).
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Filing 143
CERTIFICATE OF SERVICE of Reply Memorandum of Law and Supplemental Zappia Declaration with Exhibits A-C served on Evan Glassman, Esq. and Michael Jarrett Allan, Esq. on 07/06/2015. Document filed by New York University. (Mascitti, Gregory)
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Filing 142
DECLARATION of Andrew P. Zappia in Support re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit A - Letter to Bickham dated May 6, 2014, #2 Exhibit B - Semester 1 2014 Royalty Report, #3 Exhibit C - Semester 2 2014 Royalty Report and 2014 Annual Report)(Mascitti, Gregory)
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Filing 141
REPLY MEMORANDUM OF LAW in Support re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint. . Document filed by New York University. (Mascitti, Gregory)
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Filing 140
MEMORANDUM OF LAW in Opposition re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint. . Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 139
AFFIDAVIT OF SERVICE served on Gregory J. Mascitti and Andrew Peter Zappia on June 23, 2015. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 138
RESPONSE to Motion re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint. Responses to Plaintiff's Statement of Material Undisputed Facts. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 137
DECLARATION of Timothy C. Bickham in Opposition re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A)(Allan, Michael)
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Filing 136
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Opposition re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint. . Document filed by Galderma Laboratories, Inc.. (Allan, Michael) Modified on 6/26/2015 (lb).
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Filing 135
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Timothy C. Bickham dated 6/12/2015 re: Counsel requests a brief one week adjournment of the time for Galderma to file papers in response to the motion Plaintiff filed on June 2, 2015 seeking partial summary judgment and various additional relief. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint: Responses due by 6/23/2015. (Signed by Judge Alvin K. Hellerstein on 6/15/2015) (tn)
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Filing 134
CERTIFICATE OF SERVICE of Notice of Motion by Plaintiff for Motion to Compel the Production of Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint; Memorandum of Law; Declaration of Abram Goldfinger (with Exhibits A-B); Declaration of Andrew P. Zappia (with Exhibit 1); and Plaintiff's Rule 56.1 Statement of Undisputed Facts served on Evan Glassman, Esq.; Michael Jarrett Allan, Esq. on June 2, 2015. Document filed by New York University. (Mascitti, Gregory)
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Filing 133
RULE 56.1 STATEMENT. Document filed by New York University. (Mascitti, Gregory)
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Filing 132
DECLARATION of Andrew P. Zappia in Support re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - Invoices reflecting fees and costs incurred by NYU)(Mascitti, Gregory)
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Filing 131
DECLARATION of Abram Goldfinger in Support re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit A - Oracea Royalty Report, #2 Exhibit B - Invoice for Annuity Fees and Expenses)(Mascitti, Gregory)
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Filing 130
MEMORANDUM OF LAW in Support re: #129 MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint. . Document filed by New York University. (Mascitti, Gregory)
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Filing 129
MOTION to Compel Galderma Laboratories, Inc. to produce Documents and for Partial Summary Judgment for Additional Damages on Counts I and II of the Complaint. Document filed by New York University.(Mascitti, Gregory)
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Filing 128
MEMO ENDORSEMENT granting #125 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 1/24/2014) (mro)
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Filing 127
CERTIFICATE OF SERVICE of Motion for Withdrawal as Counsel and Declaration of Colleen D. Holland In Support of Motion to Withdrawal as Counsel served on Galderma Larboratories, Inc. on 01/09/2014. Service was accepted by Evan Glassman and Michael Jarrett Allan. Document filed by New York University. (Zappia, Andrew)
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Filing 126
DECLARATION of Colleen D. Holland in Support re: #125 MOTION for Colleen Danielle Holland to Withdraw as Attorney.. Document filed by New York University. (Zappia, Andrew)
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Filing 125
MOTION for Colleen Danielle Holland to Withdraw as Attorney. Document filed by New York University.(Zappia, Andrew)
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Filing 124
NOTICE of Withdrawal of Appearance. Document filed by New York University. (Holland, Colleen)
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Filing 123
PARTIAL JUDGMENT in favor of New York University against Galderma Laboratories, Inc. in the amount of $ 1,544,273.59, plus interest at the rate of 7.28% until paid, with execution to await finality. (Signed by Judge Alvin K. Hellerstein on 12/3/2013) (Attachments: #1 Notice of Right to Appeal)(dt)
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Filing 122
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/29/13 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...(Rodriguez, Somari)
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Filing 121
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/29/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Sharon Lengel, (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 12/6/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/13/2014.(Rodriguez, Somari)
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Filing 120
SUMMARY ORDER GRANTING SUMMARY JUDGMENT AND OTHER RELIEF: As I ordered at oral arguments, Plaintiffs shall submit a proposed judgment and an unredacted copy of the attorneys' billing statements relating to the Federal Circuit Appeal to Defendants by November 1, 2013. Defendants shall have until November 15, 2013 to review the billing statements. On November 20, 2013, the parties shall submit an offer of judgment to the Court. If the parties cannot agree on language, they shall submit a single document setting forth each party's proposed language. The Clerk shall mark the motions (Doc. Nos. 56, 59, 65, and 86) terminated. Motions terminated: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr. filed by Galderma Laboratories, Inc., #65 MOTION for Summary Judgment on Count II of the Complaint filed by New York University, #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents filed by New York University, #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint filed by Galderma Laboratories, Inc. (Signed by Judge Alvin K. Hellerstein on 10/31/2013) (rsh)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 10/30/2013 re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr.. filed by Galderma Laboratories, Inc., #65 MOTION for Summary Judgment on Count II of the Complaint. filed by New York University, #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents. filed by New York University, #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint. filed by Galderma Laboratories, Inc.. (Court Reporter Rebecca Forman) (Jones, Brigitte)
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Filing 119
CERTIFICATE OF SERVICE of Plaintiff's Notice of Supplemental Informaiton; Supplemental Declaration of Abram Goldfinger served on Evan Glassman; Michael Jarrett Allan on 10/14/2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 118
DECLARATION of Abram Goldfinger (Supplemental) re: #117 Notice (Other) of Supplemental Information. Document filed by New York University. (Attachments: #1 Exhibit 1 - Summary of Damages Calculation)(Mascitti, Gregory)
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Filing 117
NOTICE of Supplemental Information re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Mascitti, Gregory)
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Filing 116
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael J. Allan dated 8/30/2013 re: Galderman requests that the oral argument be moved by one week to October 22 or the next available date on the Court's calendar. ENDORSEMENT: Oral argument will be held October 29, 2013 at 4pm., ( Oral Argument set for 10/29/2013 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/30/2013) (lmb)
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Filing 115
REPLY MEMORANDUM OF LAW in Support re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 114
ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones, Courtroom Deputy by Order of Judge Alvin K. Hellerstein dated 8/28/2013 re: NYU v. Galderma - 12 Civ. 8169 (AKH). ENDORSEMENT: You are hereby notified that you are required to appear for an oral argument. Date: 10/16/13 Time: 4:00 p.m. Place: U.S. Courthouse - Southern District of New York 500 Pearl Street Courtroom 14D New York, New York 10007. It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers., ( Oral Argument set for 10/16/2013 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/28/2013) (lmb)
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Filing 113
CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON COUNT II OF THE COMPLAINT AND IN OPPOSITION TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT, DECLARATION OF ISAAC KOHLBERG (with Exhibit 1), SUPPLEMENTAL DECLARATION OF GREGORY J. MASCITTI (with Exhibit 1), and NYUS RESPONSE TO GALDERMAS RULE 56.1 STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT ON COUNT II OF THE COMPLAINT served on Evan Glassman and Michael Jarrett Allan on August 21, 2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 112
COUNTER STATEMENT TO #85 Rule 56.1 Statement. Document filed by New York University. (Mascitti, Gregory)
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Filing 111
DECLARATION of Isaac Kohlberg in Opposition re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - CV)(Mascitti, Gregory)
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Filing 110
DECLARATION of Gregory J. Mascitti in Opposition re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - E-mail)(Mascitti, Gregory)
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Filing 109
MEMORANDUM OF LAW in Opposition re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Mascitti, Gregory)
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Filing 108
CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON COUNT II OF THE COMPLAINT AND IN OPPOSITION TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT,DECLARATION OF ISAAC KOHLBERG (with Exhibit 1), and the SUPPLEMENTAL DECLARATION OF GREGORY J. MASCITTI (with Exhibit 1) served on Evan Glassman and Michael Jarrett Allan on August 21, 2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 107
DECLARATION of Isaac Kohlberg in Support re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - CV)(Mascitti, Gregory)
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Filing 106
DECLARATION of Gregory J. Mascitti in Support re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - E-mail)(Mascitti, Gregory)
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Filing 105
REPLY MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Mascitti, Gregory)
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Filing 104
CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO DAMAGES ON COUNT I OF THE COMPLAINT AND TO COMPEL THE PRODUCTION OF DOCUMENTS and the SUPPLEMENTAL DECLARATION OF GREGORY J. MASCITTI (with Exhibit 1) served on Evan Glassman and Michael Jarrett Allan on August 21, 2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 103
DECLARATION of Gregory J. Mascitti in Support re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Attachments: #1 Exhibit 1 - E-mail)(Mascitti, Gregory)
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Filing 102
REPLY MEMORANDUM OF LAW in Support re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Mascitti, Gregory)
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Filing 101
AFFIDAVIT OF SERVICE served on Gregory J. Mascitti. Service was made by Mail. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 100
DECLARATION of Doug Walker in Support re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr... Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 99
DECLARATION of Timothy C. Bickham in Support re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr... Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A)(Glassman, Evan)
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Filing 98
REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr... Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 97
COUNTER STATEMENT TO #70 Rule 56.1 Statement. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 96
COUNTER STATEMENT TO #69 Rule 56.1 Statement. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 95
AFFIDAVIT OF SERVICE served on Gregory J. Mascitti. Service was made by Mail. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Evan Glassman to RE-FILE Document #76 Response to Motion, #81 Response to Motion, #88 Response to Motion. Use the event type Counter Statement to Rule 56.1 found under the event list Other Answers. (ldi)
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Filing 94
CERTIFICATE OF SERVICE of MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO QUASH NON-PARTY SUBPOENAS AND FOR ENTRY OF A PROTECTIVE ORDER and DECLARATION OF GREGORY J. MASCITTI (with Exhibit 1) served on Evan Glassman and Michael Jarrett Allan on August 14, 2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 93
DECLARATION of Gregory J. Mascitti in Opposition re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr... Document filed by New York University. (Attachments: #1 Exhibit 1 - Joint Defense Agreement)(Mascitti, Gregory)
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Filing 92
MEMORANDUM OF LAW in Opposition re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr... Document filed by New York University. (Mascitti, Gregory)
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Filing 91
DECLARATION of Timothy C. Bickham in Support re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Glassman, Evan)
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Filing 90
DECLARATION of Jake P. DeBoever in Support re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 89
DECLARATION of Emmett J. Murtha in Support re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 88
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan) Modified on 8/15/2013 (ldi).
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Filing 87
MEMORANDUM OF LAW in Support re: #86 CROSS MOTION for Partial Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 86
CROSS MOTION for Partial Summary Judgment on Count II of the Complaint. Document filed by Galderma Laboratories, Inc..(Glassman, Evan)
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Filing 85
RULE 56.1 STATEMENT. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 84
DECLARATION of Timothy C. Bickham in Opposition re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Glassman, Evan)
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Filing 83
DECLARATION of Jake P. DeBoever in Opposition re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 82
DECLARATION of Emmett J. Murtha in Opposition re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 81
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan) Modified on 8/15/2013 (ldi).
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Filing 80
MEMORANDUM OF LAW in Opposition re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 79
DECLARATION of Timothy C. Bickham in Opposition re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Glassman, Evan)
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Filing 78
DECLARATION of Jake P. DeBoever in Opposition re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 77
DECLARATION of Doug Walker in Opposition re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 76
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan) Modified on 8/15/2013 (ldi).
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Filing 75
MEMORANDUM OF LAW in Opposition re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 74
CERTIFICATE OF SERVICE of Notice of Supplemental Authority (with Exh 1) served on Evan Glassman and Michael Jarrett Allan on August 13, 2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 73
NOTICE of of Supplemental Authority re: #65 MOTION for Summary Judgment on Count II of the Complaint., #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Attachments: #1 Exhibit 1 - Federal Circuit Decision)(Mascitti, Gregory)
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Filing 72
CERTIFICATE OF SERVICE of Plaintiff's Motion for Summary Judgment on Count II of the Complaint; Memorandum of Law; Declaration of Gregory J. Mascitti (with Exhibit 1); Declaration of Andrew P. Zappia (with Exhibit 1); Plaintiff's Rule 56.1 Statement of Undisputed Facts served on Evan Glassman; Michael Jarrett Allan on 07/31/13. Document filed by New York University. (Mascitti, Gregory)
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Filing 71
CERTIFICATE OF SERVICE of Plaintiff's Motion for Partial Summary Judgment as to Damages on Count I of the Complaint; Memorandum of Law; Declaration of Gregory J. Mascitti; Declaration of Abram Goldfinger (with Exhibit 1) and Plaintiff's Rule 56.1 Statement of Undisputed Facts served on Evan Glassman; Michael Jarrett Allan on 07/31/13. Document filed by New York University. (Mascitti, Gregory)
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Filing 70
RULE 56.1 STATEMENT. Document filed by New York University. (Mascitti, Gregory)
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Filing 69
RULE 56.1 STATEMENT. Document filed by New York University. (Mascitti, Gregory)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Gregory J. Mascitti to RE-FILE Document #63 Notice (Other), Notice (Other). Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Gregory J. Mascitti to RE-FILE Document #64 Notice (Other), Notice (Other). Use the event type Certificate of Service Other found under the event list Service of Process. (db)
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Filing 68
DECLARATION of Andrew P. Zappia in Support re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - Redacted Invoices and Billing Records)(Mascitti, Gregory)
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Filing 67
DECLARATION of Gregory J. Mascitti in Support re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - April 15, 2013 Hearing Transcript)(Mascitti, Gregory)
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Filing 66
MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment on Count II of the Complaint.. Document filed by New York University. (Mascitti, Gregory)
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Filing 65
MOTION for Summary Judgment on Count II of the Complaint. Document filed by New York University. Responses due by 8/14/2013 (Attachments: #1 Plaintiff's Rule 56.1 Statement of Undisputed Facts, #2 Certificate of Service)(Mascitti, Gregory)
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Filing 64
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Certificate of Service re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Mascitti, Gregory) Modified on 8/1/2013 (db).
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Filing 63
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Plaintiff's Rule 56.1 Statement of Undisputed Facts re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Mascitti, Gregory) Modified on 8/1/2013 (db).
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Filing 62
DECLARATION of Abram Goldfinger in Support re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Attachments: #1 Exhibit 1 - September 28, 2012 Email)(Mascitti, Gregory)
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Filing 61
DECLARATION of Gregory J. Mascitti in Support re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Mascitti, Gregory)
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Filing 60
MEMORANDUM OF LAW in Support re: #59 MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents.. Document filed by New York University. (Mascitti, Gregory)
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Filing 59
MOTION for Partial Summary Judgment as to Damages on Count I of the Complaint and to Compel the Production of Documents. Document filed by New York University. Responses due by 8/14/2013(Mascitti, Gregory)
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Filing 58
DECLARATION of Michael J. Allan in Support re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr... Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Glassman, Evan)
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Filing 57
MEMORANDUM OF LAW in Support re: #56 MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr... Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 56
MOTION to Quash Subpoenas Issued by Plaintiff to Paul Hastings LLP and Gerald J. Flattmann, Jr.. Document filed by Galderma Laboratories, Inc..(Glassman, Evan)
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Filing 55
STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for Plaintiff and Defendant that: 1. Based on the 2012 Summary Report, the total unpaid royalties due under the License Agreement for sales of Oracea during the calendar year 2012 total $898,444.06, plus interest in the amount of$21,035.32 through June 30, 2013, plus additional interest at the rate of $131.03 per diem from June 30, 2013 through entry of judgment on Count I of the Complaint as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 7/26/2013) (lmb)
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Filing 54
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael J. Allan dated 7/22/2013 re: We write to request a short adjournment of the conference scheduled for this Friday, July 26. ENDORSEMENT: Counsel shall appear for a status conference on July 26, 2013, 10:00 a.m., as originally scheduled. (Signed by Judge Alvin K. Hellerstein on 7/23/2013) (lmb)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 7/12/2013, ( Pretrial Conference set for 7/26/2013 at 10:00 AM before Judge Alvin K. Hellerstein.). Submitted by J. Nocco for B. Jones (sc)
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Filing 53
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/15/13 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...(Rodriguez, Somari)
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Filing 52
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/15/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Ann Hairston, (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 7/1/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/9/2013.(Rodriguez, Somari)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 5/17/2013, ( Status Conference set for 7/12/2013 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
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Filing 51
MEMO ENDORSEMENT on NOTICE OF MOTION (for Reconsideration). ENDORSEMENT: Motion for reconsideration is denied. Nothing in the paper, nor the recent decision of the Fed. Circuit, Frolow v. Wilson Sporting Goods, 2013 WL 1007716 (Fed. Cir., March 15, 2013) causes me to change my mind. Counsel for the parties shall attend a status conference on May 17, 2013, 10:00 a.m. and jointly prepare a case management plan with respect to all open issues. Denying #47 Motion for Reconsideration filed by Galderma Laboratories, Inc.. (Signed by Judge Alvin K. Hellerstein on 5/7/2013). (rjm)
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Set/Reset Hearings: Status Conference set for 5/17/2013 at 10:00 AM before Judge Alvin K. Hellerstein. (rjm)
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Filing 50
AFFIDAVIT OF SERVICE served on Gregory J. Mascitti on 5/1/2013. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 49
DECLARATION of Timothy C. Bickham in Support re: #47 MOTION for Reconsideration.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B part 1 of 2, #3 Exhibit Exhibit B part 2 of 2, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E part 1 of 2, #7 Exhibit Exhibit E part 2 of 2, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G)(Allan, Michael)
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Filing 48
MEMORANDUM OF LAW in Support re: #47 MOTION for Reconsideration.. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 47
MOTION for Reconsideration. Document filed by Galderma Laboratories, Inc..(Allan, Michael)
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Filing 46
ANSWER to #1 Complaint. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Certificate of Service)(Allan, Michael)
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Filing 45
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY #46) ANSWER to #1 Complaint. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Certificate of Service)(Allan, Michael) Modified on 5/17/2013 (kj).
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 4/18/2013 re: #20 MOTION to Stay. filed by Galderma Laboratories, Inc., #7 MOTION to Dismiss Counts II to VI of Plaintiff's Complaint. filed by Galderma Laboratories, Inc., #23 MOTION for Discovery Under Fed. R. Civ. P. 56(d). filed by Galderma Laboratories, Inc., #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint. filed by New York University. (Jones, Brigitte)
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Filing 44
SUMMARY ORDER. For the reasons below, and the reasons stated on the record, I make the following holdings: (1) As to Count I, I grant Plaintiff's motion for summary judgment on liability and deny it on damages. I find that the drug Oracea is a "Licensed Product" within the unambiguous definition provided by the Research, License and Option Agreement ("Agreement"). The extent of royalties to be paid is a fact question, subject to limited discovery. (2) As to Count II, I deny Plaintiff's motion for summary judgment and deny Defendant's motion to dismiss. The terms of the Agreement, in section 13(b), as to the term "suit" is ambiguous, and discovery is necessary to ascertain if there were communications between the parties, oral or written, as to the intent of the parties that negotiated the Agreement. Int'l Multifoods Corp. v. Commercial Union Ins. Co., 309 F.3d 76, 87 (2d Cir. 2002). (3) I grant Defendant's motion to dismiss Counts III, IV, V, and VI, finding them duplicative of claims made by the Plaintiff in Counts I and II. The indemnification claim of Count III does not encompass the costs of the litigation before me as Plaintiff contends. Indemnification provisions must "be strictly construed so as not to read into [them] any obligations the parties never intended to assume." Haynes v. Kleinewefers and Lembo Corp., 921 F.2d 453, 456 (2d Cir. 1990). The counts do not state legally sufficient claims for relief. (4) I deny Defendant's motion to stay. This lawsuit is not dependent on proceedings in the District of Delaware or the final judgment in the proceedings before the Court of Appeals. (5) I deny Defendant's motion for Rule 56(d) discovery. The Clerk shall mark the motions (Doc. Nos. 7, 11, 20, and 23) terminated. Granting #7 Motion to Dismiss; Granting in part and denying in part #11 Motion for Summary Judgment; Denying #20 Motion to Stay; Denying #23 Motion for Discovery. (Signed by Judge Alvin K. Hellerstein on 4/17/2013). (rjm)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Stay.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Certificate of Service)(Allan, Michael)
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Filing 42
DECLARATION of Timothy C. Bickham in Support re: #23 MOTION for Discovery Under Fed. R. Civ. P. 56(d).. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A)(Allan, Michael)
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Filing 41
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION for Discovery Under Fed. R. Civ. P. 56(d).. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Certificate of Service)(Allan, Michael)
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Filing 40
CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Defendant's Motion for Discovery pursuant to Fed. R. Civ. P. 56(d) served on Galderma Laboratories, Inc. on 03/22/2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 39
MEMORANDUM OF LAW in Opposition re: #23 MOTION for Discovery Under Fed. R. Civ. P. 56(d).. Document filed by New York University. (Mascitti, Gregory)
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Filing 38
CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Defendant's Motion to Stay served on Galderma Laboratories, Inc. on 03/22/2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 37
MEMORANDUM OF LAW in Opposition re: #20 MOTION to Stay.. Document filed by New York University. (Mascitti, Gregory)
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Filing 36
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment on Counts I and II of the Complaint served on Galderma Laboratories, Inc. on 03/18/2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 35
REPLY MEMORANDUM OF LAW in Support re: #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint.. Document filed by New York University. (Mascitti, Gregory)
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Filing 34
NOTICE OF APPEARANCE by Andrew Peter Zappia on behalf of New York University (Zappia, Andrew)
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Filing 33
AFFIDAVIT OF SERVICE served on Gregory J. Mascitti, Esq. on March 8, 2013. Service was accepted by Stephen I. Siller, Esq.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 32
NOTICE OF APPEARANCE by Colleen Danielle Holland on behalf of New York University (Holland, Colleen)
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Filing 31
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Gregory J. Mascitti dated 3/7/2013 re: I am writing pursuant to Rule 1(D) of Your Honor's Individual Rules of Practice to request an adjournment of the oral argument currently scheduled for March 13, 2013 at 12:00 p.m. ENDORSEMENT: Oral argument is adjourned, for all issues, to March 21, 2013, 11:00 a.m., ( Oral Argument set for 3/21/2013 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/8/2013) (lmb)
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Filing 30
AMENDED MEMORANDUM OF LAW in Opposition re: #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Certificate of Service)(Allan, Michael)
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Filing 29
RESPONSE re: #16 Rule 56.1 Statement and Galderma's Statement of Material Facts to Which a Genuine Issue Exists. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 28
DECLARATION of Timothy C. Bickham in Opposition re: #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Allan, Michael)
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Filing 27
DECLARATION of Jake P. Deboever in Opposition re: #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A)(Allan, Michael)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Certificate of Service)(Allan, Michael)
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Filing 25
DECLARATION of Timothy C. Bickham in Support re: #23 MOTION for Discovery Under Fed. R. Civ. P. 56(d).. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Allan, Michael)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION for Discovery Under Fed. R. Civ. P. 56(d).. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 23
MOTION for Discovery Under Fed. R. Civ. P. 56(d). Document filed by Galderma Laboratories, Inc..(Allan, Michael)
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Filing 22
DECLARATION of Timothy C. Bickham in Support re: #20 MOTION to Stay.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Allan, Michael)
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Filing 21
MEMORANDUM OF LAW in Support re: #20 MOTION to Stay.. Document filed by Galderma Laboratories, Inc.. (Allan, Michael)
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Filing 20
MOTION to Stay. Document filed by Galderma Laboratories, Inc..(Allan, Michael)
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Filing 19
ORDER: You are hereby notified that you are required to appear for an oral argument, on March 3, 2013 at 12:00 p.m. at The U.S.Courthouse, Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, New York 10007 (Signed by Judge Alvin K. Hellerstein on 3/6/2013) (js)
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Filing 18
REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss Counts II to VI of Plaintiff's Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Certificate of Service)(Allan, Michael)
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Filing 17
ORDER FOR ADMISSION OF TIMOTHY C. BICKHAM PRO HAC VICE granting #6 Motion for Timothy C. Bickham to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Alvin K. Hellerstein on 2/27/2013) (ft)
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Filing 16
RULE 56.1 STATEMENT. Document filed by New York University. (Mascitti, Gregory)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gregory J. Mascitti to RE-FILE Document #14 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint. ERROR(S): (1) Duplicate filing. (2) The Rule 56.1 Statement must be filed separately. NOTE: Re-File ONLY the Rule 56.1 Statement. The event is found under event list Other Answers. (ldi)
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Filing 15
CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment on Counts I and II of the Complaint, Memorandum of Law in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint and in Support of Cross-Motion for Summary Judgment on Counts I and II of the Complaint, Declaration of Abram Goldfinger with Exhibits 1-8, and Plaintiff's Rule 56.1 Statement of Undisputed Facts served on Evan Glassman and Michael Jarrett Allan on February 19, 2013. Document filed by New York University. (Mascitti, Gregory)
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Summary Judgment on Counts I and II of the Complaint. Document filed by New York University. Responses due by 3/8/2013 (Attachments: #1 Plaintiff's Rule 56.1 Statement of Undisputed Facts)(Mascitti, Gregory) Modified on 2/20/2013 (ldi).
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Filing 13
DECLARATION of Abram Goldfinger in Support re: #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit 1 - Agreement, #2 Exhibit 2 - Amendment to Agreement, #3 Exhibit 3 - Letter dated March 3, 2009, #4 Exhibit 4 - Mylan Judgment, #5 Exhibit 5 - NYU Cross-Appeal 09-184, #6 Exhibit 6 - NYU Notices of Appeal for Lupin and Impax, #7 Exhibit 7 - Appeal Dockets, #8 Exhibit 8 - Email dated September 28, 2012)(Mascitti, Gregory)
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Filing 12
MEMORANDUM OF LAW in Support re: #11 CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint.. Document filed by New York University. (Mascitti, Gregory)
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Filing 11
CROSS MOTION for Summary Judgment on Counts I and II of the Complaint and in Opposition to Defendant's Motion to Dismiss Counts II to VI of the Complaint. Document filed by New York University. Responses due by 3/8/2013(Mascitti, Gregory)
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Filing 10
AFFIDAVIT OF SERVICE of Notice of Motion, Memorandum of Law in Support of Motion, Declaration of Michael J. Allan with exhibits served on Gregory J. Mascitti on January 31, 2013. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 9
DECLARATION of Michael J. Allan in Support re: #7 MOTION to Dismiss Counts II to VI of Plaintiff's Complaint.. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Glassman, Evan)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss Counts II to VI of Plaintiff's Complaint.. Document filed by Galderma Laboratories, Inc.. (Glassman, Evan)
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Filing 7
MOTION to Dismiss Counts II to VI of Plaintiff's Complaint. Document filed by Galderma Laboratories, Inc..(Glassman, Evan)
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Filing 6
MOTION for Timothy C. Bickham to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8192577. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Galderma Laboratories, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Glassman, Evan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Timothy C. Bickham to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8192577. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 5
STIPULATION AND ORDER: It is hereby Stipulated and Agreed by and between the undersigned counsel for plaintiff and defendant that: Defendant shall have up to and including January 31, 2013 to move, answer, or otherwise respond to the complaint. Defendant hereby waives any objection for improper service of the complaint. Nothing herein shall be deemed an admission of liability on the part of Defendant. Galderma Laboratories, Inc. answer due 1/31/2013. (Signed by Judge Alvin K. Hellerstein on 1/14/2013) (mro)
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Filing 4
NOTICE OF APPEARANCE by Michael Jarrett Allan on behalf of Galderma Laboratories, Inc. (Allan, Michael)
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Filing 3
NOTICE OF APPEARANCE by Evan Glassman on behalf of Galderma Laboratories, Inc. (Glassman, Evan)
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Filing 2
AFFIDAVIT OF SERVICE of Summons and Complaint. Galderma Laboratories, Inc. served on 1/3/2013, answer due 1/24/2013. Service was made by Mail. Document filed by New York University. (Attachments: #1 Affidavit Affidavit of Service on Secretary of State)(Mascitti, Gregory) Modified on 1/3/2013 (mqu).
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Filing 1
COMPLAINT against Galderma Laboratories, Inc.. (Filing Fee $ 350.00, Receipt Number 052474)Document filed by New York University.(rdz) (mqu). Modified on 1/3/2013 (mqu).
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SUMMONS ISSUED as to Galderma Laboratories, Inc.. (rdz) Modified on 1/3/2013 (mqu).
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Case Designated ECF. (rdz)
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Magistrate Judge Andrew J. Peck is so designated. (rdz)
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