Novartis Pharma AG v. Incyte Corporation
| Novartis International Pharmaceutical AG and Novartis Pharma AG |
| Incyte Corporation |
| 1:2020cv00400 |
| January 15, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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Filing 96
NOTICE OF APPEARANCE by John Charles Molluzzo on behalf of Novartis Pharma AG..(Molluzzo, John)
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Filing 95
NOTICE OF APPEARANCE by Keith Hammeran on behalf of Novartis Pharma AG..(Hammeran, Keith)
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Filing 94
NOTICE OF APPEARANCE by Andrea Nicole Chidyllo on behalf of Novartis Pharma AG..(Chidyllo, Andrea)
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Filing 93
NOTICE OF APPEARANCE by Eric C. Stops on behalf of Incyte Corporation..(Stops, Eric)
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Filing 92
NOTICE OF APPEARANCE by Luke Phillips on behalf of Incyte Corporation..(Phillips, Luke)
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Filing 91
NOTICE OF APPEARANCE by Sophia Qasir on behalf of Incyte Corporation..(Qasir, Sophia)
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Filing 90
ORDER GRANTING JOINT APPLICATION FOR APPOINTMENT OF COMMISSIONERS AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION granting #88 Letter Motion for Discovery. Accordingly, the Application is granted. The following listed counsel for Novartis and Incyte are duly appointed as commissioners under Article 17 of the Hague Convention of 17 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters: 1. Counsel at Quinn Emanuel Urquhart & Sullivan, LLP (located at 51 Madison Avenue, 22nd Floor, New York, New York 10010) for Defendant Incyte (Incyte Corporation, 1801 Augustine Cut-off, Wilmington, DE 19803): Richard I. Werder, Jr., F. Dominic Cerrito, Eric Stops, Daniel P. Mach, Luke H. Phillips, and Sophia Qasir; 2. Counsel at Greenberg Traurig, LLP (located at One Vanderbilt Avenue, New York, New York 10017) for Plaintiff Novartis (Novartis Pharma AG, Forum 1, Novartis Campus, 2056 Basel, Switzerland): Harold S. Shaftel, Sylvia E. Simson, John C. Molluzzo, Jr., Keith Hammeran, and Andrea N. Chidyllo; and 3. Counsel at Br & Karrer AG (located at Brandschenkestrasse 90, 8027 Zurich, Switzerland) for Defendant Novartis (Novartis Pharma AG, Forum 1, Novartis Campus, 4056 Basel, Switzerland): Martina Athanas. This Order shall be given to counsel at Bar & Karrer AG who will file it together with thenecessary application for authorization from the relevant Swiss authorities. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/13/2022) (mml)
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Filing 89
DECLARATION of Daniel P. Mach in Support re: #88 JOINT LETTER MOTION for Discovery Requesting Appointment of Commissioners and Direction of Submission of Hague Convention Application addressed to Judge Gregory H. Woods from Sylvia E. Simson dated January 13, 2022.. Document filed by Novartis Pharma AG..(Simson, Sylvia)
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Filing 88
JOINT LETTER MOTION for Discovery Requesting Appointment of Commissioners and Direction of Submission of Hague Convention Application addressed to Judge Gregory H. Woods from Sylvia E. Simson dated January 13, 2022. Document filed by Novartis Pharma AG. (Attachments: #1 Exhibit A - Proposed Order granting joint application for appointment of Commissioners and Direction of Submission of Hague Convention Application).(Simson, Sylvia)
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Filing 87
AMENDMENT TO CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All counsel must confer to discuss settlement within 14 days following the close of fact discovery, i.e., by April 11, 2022. A joint letter updating the Court on the status of the case shall be filed on ECF by May 16. 2022. The letter should include the following information in separate paragraphs: as set forth in this Case Management plan. Motions due by 6/6/2022. Deposition due by 3/11/2022. Fact Discovery due by 3/28/2022. Expert Discovery due by 5/9/2022. Status Conference set for 5/25/2022 at 04:00 PM before Judge Gregory H. Woods. So Ordered. (Signed by Judge Gregory H. Woods on 1/4/2022) (js)
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Filing 86
MEMO ENDORSEMENT on re: #85 Letter filed by Incyte Corporation. ENDORSEMENT: The parties' January 3, 2022 request for an extension of discovery, Dkt. No. 85, is granted. The extended deadlines will be set forth in an amended case management plan to be entered by separate order today. So Ordered (Signed by Judge Gregory H. Woods on 1/4/2022) (js) (Main Document 86 replaced on 1/13/2022) (js).
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Filing 85
JOINT LETTER addressed to Judge Gregory H. Woods from Daniel P. Mach dated January 3, 2022 re: Amendment of Case Management Plan and Scheduling Order. Document filed by Incyte Corporation. (Attachments: #1 Exhibit A).(Mach, Daniel)
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Filing 84
ORDER denying without prejudice #83 Letter Motion for Discovery. The parties' joint request for the appointment of Commissioners is denied without prejudice. The proposed order requests that the Court make certain findings regarding the nature and necessity of the evidence sought by the parties. The parties have not provided accompanying affidavits or other factual support necessary for the Court to make that finding. Should the parties wish to resubmit their request, they should ensure that the Court is provided with such factual support. The Clerk of Court is instructed to terminate the motion at Dkt. No. 83. (Signed by Judge Gregory H. Woods on 12/23/2021) (tro)
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Filing 83
JOINT LETTER MOTION for Discovery requesting appointment of commissioners and direction of submission of Hague Convention Application addressed to Judge Gregory H. Woods from Sylvia E. Simson dated December 23, 2021. Document filed by Novartis Pharma AG. (Attachments: #1 Text of Proposed Order Granting Joint Application to Appoint Counsel as Commissioners).(Simson, Sylvia)
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Filing 82
STIPULATION AND ORDER TO CORRECT TYPOGRAPHICAL ERROR IN ANSWER: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the parties that in the second sentence of paragraph 39 of the Answer the word "ambiguous" should be replaced with the word "unambiguous." The sentence currently states: "Incyte avers that the Court, in its Order, dated February 18, 2021 [Dkt. No. 50], held that the expiration of the myelofibrosis indication did result in the expiration of Regulatory Exclusivity over Jakafi under the ambiguous terms of the Agreement." As corrected, the sentence will state: "Incyte avers that the Court, in its Order, dated February 18, 2021 [Dkt. No. 50], held that the expiration of the myelofibrosis indication did result in the expiration of Regulatory Exclusivity over Jakafi under the unambiguous terms of the Agreement"; WHEREAS, in agreeing to Incyte's request to correct by stipulation, Novartis does not agree to any characterization set forth in Incyte's Answer; IT IS FURTHER STIPULATED AND AGREED that paragraph 39 of Incyte's Answer shall remain effective and requires no further revision as a result of the above-referenced correction; and IT IS FURTHER STIPULATED AND AGREED that neither party shall be required to file an amended pleading based on the correction referenced herein. STIPULATED AND AGREED. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/13/2021) (vfr)
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Filing 81
PROPOSED STIPULATION AND ORDER. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 80
LETTER addressed to Judge Gregory H. Woods from Richard I. Werder, Jr dated December 13, 2021 re: Stipulation and Proposed Order to Correct Typographical Error in Answer. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 79
NOTICE OF CHANGE OF ADDRESS by Sylvia E. Simson on behalf of Novartis Pharma AG. New Address: Greenberg Traurig, One Vanderbilt Avenue, New York, New York, United States 10017,..(Simson, Sylvia)
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Filing 78
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/15/21 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....(Moya, Goretti)
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Filing 77
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/15/2021 before Judge Gregory H. Woods. Court Reporter/Transcriber: Alena Lynch, (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 10/19/2021. Redacted Transcript Deadline set for 10/29/2021. Release of Transcript Restriction set for 12/27/2021..(Moya, Goretti)
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Filing 76
AMENDMENT TO CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The Civil Case Management Plan and Scheduling Order, filed March 15, 2021 (Rec. Doc. 62) (the "CMO"), is hereby revised and amended solely to the following extent, and all other deadlines and information contained in the CMO continue to apply: All counsel must confer to discuss settlement within 14 days following the close of fact discovery, i.e., by March 11, 2022. The Court will hold a status conference on April 25, 2022. A joint letter updating the Court on the status of the case shall be filed on ECF by April 18, 2022. Motions due by 5/17/2022. Deposition due by 2/11/2022. Fact Discovery due by 2/28/2022. Expert Discovery due by 4/11/2022. (And as further set forth herein.) SO ORDERED. (Signed by Judge Gregory H. Woods on 9/22/2021) (jca)
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Filing 75
JOINT LETTER addressed to Judge Gregory H. Woods from Sylvia E. Simson dated September 21, 2021 re: Amendment of Case Management Plan and Scheduling Order. Document filed by Novartis Pharma AG. (Attachments: #1 Exhibit A Proposed Revised Case Management Plan and Scheduling Order).(Simson, Sylvia)
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Filing 74
ORDER. The Court has received the parties' September 3, 2021 proposed stipulation and proposed order regarding discovery related to testifying experts (the "Proposed Stipulation"). Dkt. No 73. The Court declines to enter the Proposed Stipulation. Among other things, the Proposed Stipulation asks the Court to convert the parties' prior, undisclosed agreements into orders of the Court. See Paragraphs 1, 3. The Court will not grant the parties' agreements - - undisclosed to the Court or the public--the force of a court order. Moreover, the Proposed Stipulation would permit the parties to amend the Court's order without the consent of the Court. See Paragraph 10. The Court declines to permit the parties to change the terms of a Court order without its approval; an order is not a blank check. Moreover, the parties' letter does not identify a reason why this stipulation must be endorsed by the Court. As Plaintiff recently acknowledged, "no reason exists to burden the Court with discovery minutia.... " Dkt. No. 71. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 73
LETTER addressed to Judge Gregory H. Woods from Richard I. Werder, Jr. dated September 3, 2021 re: Stipulation and Proposed Order Regarding Discovery Related to Testifying Experts. Document filed by Incyte Corporation. (Attachments: #1 Exhibit A).(Werder, Richard)
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Filing 72
STIPULATION AND ORDER LIMITING DISCOVERY CONCERNING CERTAIN LICENSED COMPOUNDS, C-MET AND TABRECTA: Novartis limits Request Nos. 1, 2, 8, 10, 11, 12, and 14 in the Novartis RFPs (which use the term "Licensed Compounds") to exclude c-MET/TABRECTA-specific discovery and seek discovery of ruxolitinib/Jakafi/Jakavi-related documents only; Incyte (a) withdraws its document requests specific to c-MET/TABRECTA (Request Nos. 16 and 18 in the Incyte RFPs), and (b) limits its document requests that include or could cover c-MET/TABRECTA-specific discovery (including Request Nos. 3, 6, 11, and 12 in the Incyte RFPs) to exclude c-MET/TABRECTA-specific documents; and further set forth in this Order. The Clerk of Court is directed to terminate the motion at Dkt. No. 71. Motions terminated: #71 LETTER MOTION for Discovery addressed to Judge Gregory H. Woods from Sylvia E. Simson dated August 6, 2021. filed by Novartis Pharma AG. (Signed by Judge Gregory H. Woods on 8/16/2021) (rro)
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Filing 71
LETTER MOTION for Discovery addressed to Judge Gregory H. Woods from Sylvia E. Simson dated August 6, 2021. Document filed by Novartis Pharma AG. (Attachments: #1 Text of Proposed Order).(Simson, Sylvia)
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Filing 70
ORDER. The Court has received the parties August 4, 2021 Proposed Stipulation and Order. Dkt. No. 69. The Court declines to enter the parties Proposed Stipulation and Order because the parties have failed to comply with the Courts Individual Rules of Practice in Civil Cases. Pursuant to Rule 1(F), immediately following the filing of any proposed order or stipulation, parties are directed to submit a joint letter to the Court, stating (1) the reason for the request that the Court enter the proposed order or stipulation; (2) the position of each of the parties with respect to the proposed order or stipulation; (3) the basis for the Courts legal authority to enter the proposed order or stipulation; and (4) any other information that the parties believe would provide context for the Courts evaluation of the request. The Court notes that it does not expect that a court order will be necessary to formalize every discovery-related agreement between the parties. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 69
PROPOSED STIPULATION AND ORDER. Document filed by Novartis Pharma AG..(Simson, Sylvia)
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Filing 68
STIPULATION AND ORDER REGARDING THE PRODUCTION OF PAPERDOCUMENTS AND ELECTRONICALLY STORED INFORMATION:The Parties to the above-captioned action HEREBY STIPULATE AND AGREE, by and through their undersigned counsel, that the following specifications shall govern discovery of all documents, electronically stored information ("ESI"), and any other materials and information produced by the Parties during discovery in the above- captioned action. Nothing in this Stipulation is intended to limit any of the Parties' rights under, or prevent any party from asserting any objection to production consistent with, the Federal Rules of Civil Procedure, the Local Civil Rules for the Southern District of New York, and/or any other applicable law and further set forth in this Order. (Signed by Judge Gregory H. Woods on 6/30/2021) (rro)
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Filing 67
JOINT LETTER addressed to Judge Gregory H. Woods from Sylvia E. Simson dated June 29, 2021 re: Requesting the Court to So-Order the Parties Joint Stipulation and Proposed Order Regarding the Production of Paper Documents and Electronically Stored Information. Document filed by Novartis Pharma AG. (Attachments: #1 Exhibit A - Proposed Stipulation and Order Regarding the Production of Paper Documents and Electronically Stored Information).(Simson, Sylvia)
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Filing 66
STIPULATION AND ORDER TO CORRECT TYPOGRAPHICAL ERROR IN COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the parties that the last sentence of paragraph 4 of the Complaint, which currently references May 24, 2022, is hereby corrected and deemed replaced with May 24, 2026; and IT IS FURTHER STIPULATED AND AGREED that Incyte's answer to paragraph 4 of the Complaint shall remain effective and requires no revision as a result of the above-referenced correction; and IT IS FURTHER STIPULATED AND AGREED that neither party shall be required to file an amended pleading based on the correction referenced herein. The date correction described above is applied to page 8 of the Court's February 28, 2021 opinion, Dkt. No. 50, which references paragraph 4 of the Complaint. (Signed by Judge Gregory H. Woods on 4/14/2021) (nb)
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Filing 65
JOINT LETTER addressed to Judge Gregory H. Woods from Sylvia E. Simson dated April 13, 2021 re: Joint Letter Regarding Stipulation and Proposed Order To Correct Typographical Error In Complaint. Document filed by Novartis Pharma AG..(Simson, Sylvia)
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Filing 64
PROPOSED STIPULATION AND ORDER. Document filed by Novartis Pharma AG..(Simson, Sylvia)
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Filing 63
ANSWER to #1 Complaint. Document filed by Incyte Corporation..(Werder, Richard)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/15/2021. (Court Reporter Alena Lynch) (wv)
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Filing 62
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions for summary judgment, if any, shall be filed no later than 2/16/2022. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 11/5/2021. Fact Discovery due by 11/19/2021. Expert Discovery due by 1/14/2022. The parties expect that this case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 trial days. Status Conference set for 1/31/2022 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 3/15/2021) (mro)
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Filing 61
JOINT LETTER addressed to Judge Gregory H. Woods from Hal S. Shaftel dated March 8, 2021 re: the parties joint letter in advance of the Pretrial Conference scheduled on March 15, 2021, as requested by the Court in its February 27, 2021 Order (Rec. Doc. 60). Document filed by Novartis Pharma AG..(Shaftel, Harold)
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Filing 60
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/15/2021 at 02:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 2/27/2021) (mro)
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Filing 59
ORDER. The Court has reviewed the parties' joint scheduling stipulation. Dkt. No. 58. The parties' request that the Court endorse their proposed schedule is granted in part. The deadline for Defendant to answer or otherwise respond to the complaint is extended to March 22, 2021. The Court is scheduling an initial pretrial conference in this action by separate order. Although the Court is granting this request in part, the parties are reminded that, in the future, they must review and comply with the Court's Individual Rules of Practice in Civil Cases. Pursuant to Rule 1(F), the parties must submit a joint letter immediately following the filing of any proposed order or stipulation. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 58
PROPOSED STIPULATION AND ORDER. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 57
INTERNET CITATION NOTE: Material from decision with Internet citation re: #50 Memorandum & Opinion. (sjo)
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Filing 56
INTERNET CITATION NOTE: Material from decision with Internet citation re: #50 Memorandum & Opinion. (sjo)
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Filing 55
INTERNET CITATION NOTE: Material from decision with Internet citation re: #50 Memorandum & Opinion. (sjo)
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Filing 54
INTERNET CITATION NOTE: Material from decision with Internet citation re: #50 Memorandum & Opinion. (sjo)
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Filing 53
INTERNET CITATION NOTE: Material from decision with Internet citation re: #50 Memorandum & Opinion. (sjo)
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Filing 52
CORRECTED MEMORANDUM OPINION AND ORDER: The language of clause (iii) of Section 8.3(c) is unambiguous. As alleged here, Incyte no longer has "Regulatory Exclusivity" with respect to Jakafi. But the term "Licensed Patent Rights" as used in clause (i) of Section 8.3(c) of the Agreement is ambiguous. As a result, Incyte's motion to dismiss is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 32. (Signed by Judge Gregory H. Woods on 2/22/2021) (mro)
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Filing 51
ORDER. The Court has issued an amended version of its February 18, 2021 memorandum opinion and order denying Incyte's motion to dismiss, Dkt. No. 50. The amended version corrects a single typographical error and does not substantively modify the opinion. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 49
ORDER granting #41 Letter Motion to Seal. Plaintiff's May 18, 2020 request to file its opposition to Defendant's motion to dismiss under seal, Dkt. No. 41, is granted. The opposition filed under seal at Dkt. No. 42 is to remain under seal for the reasons articulated in Plaintiff's May 18, 2020 letter; see also Dkt. No. 37. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 50
MEMORANDUM OPINION AND ORDER re: #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint filed by Incyte Corporation. The language of clause (iii) of Section 8.3(c) is unambiguous. As alleged here, Incyte no longer has "Regulatory Exclusivity" with respect to Jakafi. But the term "Licensed Patent Rights" as used in clause (i) of Section 8.3(c) of the Agreement is ambiguous. As a result, Incyte's motion to dismiss is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 32. (Signed by Judge Gregory H. Woods on 2/18/2021) (mro)
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Filing 48
REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint. . Document filed by Incyte Corporation..(Werder, Richard)
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Filing 47
STIPULATION AND ORDER TO AMEND THE CAPTION: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the parties that, given the Merger and acknowledgement that Novartis Pharma AG is the surviving entity, the caption of this action can and should be amended to reflect that Novartis Pharma AG is the Plaintiff in this case. The new caption shall be as follows; as further set for herein. (Signed by Judge Gregory H. Woods on 5/25/2020) (mro)
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Filing 46
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Novartis International Pharmaceutical AG..(Simson, Sylvia)
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Filing 45
JOINT LETTER addressed to Judge Gregory H. Woods from Sylvia Simson dated May 22, 2020 re: Amend Caption due to merger. Document filed by Novartis International Pharmaceutical AG..(Simson, Sylvia)
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Filing 44
PROPOSED STIPULATION AND ORDER. Document filed by Novartis International Pharmaceutical AG..(Simson, Sylvia)
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Filing 43
MEMORANDUM OF LAW in Opposition re: #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint., #41 LETTER MOTION to Seal and/or Redact Document addressed to Judge Gregory H. Woods from Hal S. Shaftel dated May 18, 2020. Redaced Version. Document filed by Novartis International Pharmaceutical AG..(Shaftel, Harold)
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Filing 42
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #41 LETTER MOTION to Seal and/or Redact Document addressed to Judge Gregory H. Woods from Hal S. Shaftel dated May 18, 2020. . Document filed by Novartis International Pharmaceutical AG, Incyte Corporation. Motion or Order to File Under Seal: #41 .(Shaftel, Harold)
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Filing 41
LETTER MOTION to Seal and/or Redact Document addressed to Judge Gregory H. Woods from Hal S. Shaftel dated May 18, 2020. Document filed by Novartis International Pharmaceutical AG..(Shaftel, Harold)
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Filing 40
ORDER granting #37 Letter Motion for Leave to File Document. The memorandum of law and exhibits filed under seal at Dkt. Nos. 38 and 39 are to remain under seal for the reasons articulated in Defendant's April 30, 2020 letter. The Court notes, however, the Defendant originally filed its motion on April 20, 2020. After filing the motion, counsel for Defendant called the Court requesting that all exhibits be urgently sealed, noting that the documents had been publicly uploaded in error. The Court temporarily sealed those documents. Counsel waited another ten days before refiling the documents on the docket. In future, counsel are directed to comply with the Court's Individual Rules, specifically Rule 4(A)(ii). Additionally, the Court reminds the parties that the briefing schedule articulated in Dkt. No. 26 remains in effect, and Plaintiff's opposition is due no later than May 18, 2020, which is four weeks following service of Defendant's original filing on April 20, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 39
***SELECTED PARTIES***DECLARATION of Daniel P. Mach in Support re: #37 LETTER MOTION for Leave to File Under Seal addressed to Judge Gregory H. Woods from Richard I. Werder, Jr. dated April 30, 2020., #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint.. Document filed by Incyte Corporation, Novartis International Pharmaceutical AG. (Attachments: #1 Exhibit - 1, #2 Exhibit - 2, #3 Exhibit - 3, #4 Exhibit - 4, #5 Exhibit - 5, #6 Exhibit - 6)Motion or Order to File Under Seal: #37 .(Werder, Richard)
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Filing 38
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #37 LETTER MOTION for Leave to File Under Seal addressed to Judge Gregory H. Woods from Richard I. Werder, Jr. dated April 30, 2020., #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint. . Document filed by Incyte Corporation, Novartis International Pharmaceutical AG. Motion or Order to File Under Seal: #37 .(Werder, Richard)
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Filing 37
LETTER MOTION for Leave to File Under Seal addressed to Judge Gregory H. Woods from Richard I. Werder, Jr. dated April 30, 2020. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 36
DECLARATION of Daniel P. Mach in Support re: #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint.. Document filed by Incyte Corporation. (Attachments: #1 Exhibit - 1, #2 Exhibit - 2, #3 Exhibit - 3, #4 Exhibit - 4, #5 Exhibit - 5, #6 Exhibit - 6).(Werder, Richard)
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Filing 35
MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint. . Document filed by Incyte Corporation..(Werder, Richard)
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Filing 34
MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint. . Document filed by Incyte Corporation..(Werder, Richard)
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Filing 33
DECLARATION of Daniel P. Mach in Support re: #32 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint.. Document filed by Incyte Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Werder, Richard)
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Filing 32
MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's Complaint. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 31
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/30/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Raquel Robles, (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 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020..(McGuirk, Kelly)
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Filing 30
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/30/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Raquel Robles, (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 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020..(McGuirk, Kelly)
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Filing 29
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Gregory H. Woods on 4/2/2020) (mro)
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Filing 28
LETTER addressed to Judge Gregory H. Woods from Hal S. Shaftel dated March 31, 3020 re: Redline Copy of Stipulated Confidentiality Agreement & Proposed Protective Order. Document filed by Novartis International Pharmaceutical AG. (Attachments: #1 Exhibit 1 - Redline Copy of Stipulated Confidentiality Agreement and Proposed Protective Order).(Shaftel, Harold)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/30/2020. (Daniels, Anthony)
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Filing 27
ORDER.If the parties wish the Court to consider Dkt. No. 24, the parties are directed to file a blackline of the proposed Protective Order against the Court's model order, as required by Rule 4(D) of the Court's Individual Rules, no later than April 1, 2020. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 26
ORDER. As discussed during the March 30, 2020 teleconference, the briefing schedule for Defendant's anticipated motion to dismiss is as follows: Defendant's motion is due no later than April 20, 2020; Plaintiff's opposition is due no later than four weeks following service of Defendant's motion; Defendant's reply, if any, is due no later than two weeks following service of Plaintiff's opposition. If Plaintiff chooses to amend its complaint in response to Defendant's anticipated motion to dismiss, any such amendment must be filed no later than 21 days following service of Defendant's motion. For the reasons discussed on the record during the March 30, 2020 conference, the Court finds that there is good cause to extend the stay of discovery in this case pending resolution of Defendant's motion to dismiss. The Court expects that it will schedule a second initial pre-trial conference in this case promptly after issuing a decision on the anticipated motion to dismiss. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 25
ORDER. Pursuant to the Court's Emergency Individual Rules and Practices in Light of COVID-19, the parties are directed to call into the Court's dedicated conference line as described therein for this morning's teleconference. The parties are also directed to comply with Emergency Rule 2(C). (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 24
LETTER addressed to Judge Gregory H. Woods from Hal S. Shaftel dated March 27, 2020 re: Stipulated Confidentiality Agreement and Proposed Protective Order for Discussion & Signature at 3/30/20 Conference. Document filed by Novartis International Pharmaceutical AG. (Attachments: #1 Exhibit A - Stipulated Confidentiality Agreement and Proposed Protective Order).(Shaftel, Harold)
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Filing 23
NOTICE of Telephone Conference Appearances. Document filed by Novartis International Pharmaceutical AG..(Shaftel, Harold)
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Filing 22
JOINT LETTER addressed to Judge Gregory H. Woods from Hal S. Shaftel dated March 23, 2020 re: Parties Joint Letter in Advance of Initial Pretrial Conference. Document filed by Novartis International Pharmaceutical AG..(Shaftel, Harold)
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Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference. Application granted. The initial pretrial conference and pre-motion conference are adjourned to March 30, 2020 at 10:00 a.m. The conference will be held by phone. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. The joint status letter and proposed case management plan described in the Court's January 17, 2020 order, Dkt. No. 6, are due no later than March 23, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 20
LETTER MOTION to Adjourn Conference re: request adjournments of the March 12, 2020 Pre-Motion Conference and April 2, 2020 Initial Pretrial Conference addressed to Judge Gregory H. Woods from Richard I. Werder, Jr. dated March 10, 2020. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 19
LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Hal S. Shaftel dated March 6, 2020 re: #16 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Gregory H. Woods from Richard I. Werder, Jr. dated February 28, 2020. . Document filed by Novartis International Pharmaceutical AG..(Shaftel, Harold)
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Filing 18
LETTER addressed to Judge Gregory H. Woods from Hal S. Shaftel dated March 2, 2020 re: Defendant will file response to Incyte's letter (doc# 16) on March 6, 2020 per the parties' prior Stipulation dated 2/5/20 (Doc# 12). Document filed by Novartis International Pharmaceutical AG..(Shaftel, Harold)
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Filing 17
ORDER granting #16 Letter Motion for Conference. Defendant's request for a pre-motion conference is granted. The Court will hold a teleconference regarding Defendant's proposed motion to dismiss on March 12, 2020 at 2:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 16
LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Gregory H. Woods from Richard I. Werder, Jr. dated February 28, 2020. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 15
NOTICE OF APPEARANCE by Francis Dominic Cerrito on behalf of Incyte Corporation..(Cerrito, Francis)
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Filing 14
ORDER. Defendant's application for an extension of time to answer or otherwise respond to the complaint is granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to February 28, 2020. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Daniels, Anthony)
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Filing 13
NOTICE OF APPEARANCE by Daniel Paul Mach on behalf of Incyte Corporation..(Mach, Daniel)
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Filing 12
LETTER addressed to Judge Gregory H. Woods from Richard Irving Werder, Jr. dated February 5, 2020 re: Proposed Stipulated Schedule. Document filed by Incyte Corporation. (Attachments: #1 Exhibit 1 - Joint Stipulation).(Werder, Richard)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Incyte Corporation..(Werder, Richard)
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Filing 10
NOTICE OF APPEARANCE by Richard Irving Werder, Jr on behalf of Incyte Corporation..(Werder, Richard)
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Filing 9
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on Defendant Incyte Corporation on 01/17/2020. Service was accepted by Paul Quinones, Authorized to Accept. Document filed by Novartis International Pharmaceutical AG. (Shaftel, Harold)
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Filing 8
SUMMONS RETURNED EXECUTED Summons and Complaint served. Novartis International Pharmaceutical AG served on 1/17/2020, answer due 2/7/2020. Service was accepted by Stephen J. Serenchick, Authorized by law to Accept. Document filed by Novartis International Pharmaceutical AG. (Shaftel, Harold)
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Filing 7
NOTICE OF APPEARANCE by Sylvia E. Simson on behalf of Novartis International Pharmaceutical AG. (Simson, Sylvia)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/2/2020 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods and further set forth in this Order. (Signed by Judge Gregory H. Woods on 1/17/2020) (rro)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Incyte Corporation. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc)
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Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Incyte Corporation, re: #1 Complaint. Document filed by Novartis International Pharmaceutical AG. (Shaftel, Harold)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG for Novartis International Pharmaceutical AG. Document filed by Novartis International Pharmaceutical AG.(Shaftel, Harold)
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Filing 2
CIVIL COVER SHEET filed. (Shaftel, Harold)
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Filing 1
COMPLAINT against Incyte Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-18513198)Document filed by Novartis International Pharmaceutical AG.(Shaftel, Harold)
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