Novartis Vaccines and Diagnostics, Inc. et al v. Regeneron Pharmaceuticals, Inc.
| Grifols Worldwide Operations Limited, Novartis Vaccines and Diagnostics, Inc. and Novartis Pharma AG |
| Regeneron Pharmaceuticals, Inc. |
| UCB Celltech |
| 1:2018cv02434 |
| March 19, 2018 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Patent |
| 18 U.S.C. § 1341 |
| Both |
Docket Report
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This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.
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Filing 305
JUDGMENT OF NONINFRINGEMENT AND ORDER OF DISMISSAL: NOW THEREFORE, pursuant to Rule41(a)(2), Fed. R,. Civ. P., Novartis and Regeneron, subject to approval of the Court, hereby stipulate and agree as follows: 1. Regeneron's manufacture, use, offer for side, sale, or importation into the United States of aflibercept does not infringe the Claims of the '688 patent. 2. The parties request and the Court hereby enters a Judgment of Noninfringement of the claims of the '688 patent in Regeneron's favor. 3. Novartis's claims are DISMISSED WITH PREJUDICE. (Signed by Judge Denise L. Cote on 9/4/2019) (jca)
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| Filing 304 PROPOSED STIPULATION AND ORDER. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
| Filing 303 MEMO ENDORSEMENT on re: #302 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: The Clerk of Court shall withdraw Dkt. No. 301. Any proposed judgment shall be submitted by 9/20/19. (Signed by Judge Denise L. Cote on 8/30/2019) (jca) |
| Filing 302 LETTER addressed to Judge Denise L. Cote from Irena Royzman dated August 30, 2019 Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| ***DELETED DOCUMENT. Deleted document number 301 Order of Discontinuance. (jca) |
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Filing 299
ORDER: IT IS HEREBY ORDERED that a hearing on the outstanding term in dispute between the parties in the above-captioned case is scheduled for September 11, 2019 at 2:00 p.m. in Courtroom 15B, 500 Pearl Street. (Signed by Judge Denise L. Cote on 8/28/2019) (gr)
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| Filing 298 JOINT LETTER addressed to Judge Denise L. Cote from Irena Royzman dated August 16, 2019 re: Claim Construction Hearing. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
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Filing 297
ORDER: In a July 15 Order, this Court extended the deadline for the close of expert discovery from August 23, 2019, to three weeks from the date of filing of the Courts Opinion and Order construing three terms in the patent-in-suit identified in a July 12 letter to the Court. That Order also explained that the schedule for briefing any summary judgment motion would be similarly extended. On August 14, this Court issued an Opinion construing two terms in the patent at issue in this suit, pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). As described in that Opinion, construction of one additional term disputed by the parties will be resolved following a hearing. It is hereby ORDERED that expert discovery shall close on September 6, 2019. IT IS FURTHER ORDERED that any motion for summary judgment shall be filed by October 11, 2019, any opposition shall be filed by November 8, 2019, and any reply shall be filed by December 6, 2019. IT IS FURTHER ORDERED that in the event no motion for summary judgment is filed, the joint pretrial order shall be filed by October 11, 2019. (Signed by Judge Denise L. Cote on 8/14/2019) (gr)
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Filing 296
ORDER: On August 14, this Court issued an Opinion construing two terms in the patent at issue in this suit, pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). As described in that Opinion, construction of one additional term disputed by the parties remains outstanding. It is hereby ORDERED that the Court shall conduct a hearing, as further described in the August 14 Opinion, on the outstanding term to be construed on either August 29, 2019 at 9:30 a.m. or September 11, 2019 at 2:00 p.m. IT IS FURTHER ORDERED that by August 16 the parties shall submit a joint letter advising the Court of their preferred date for the hearing and identifying the experts who will testify at the hearing. (Signed by Judge Denise L. Cote on 8/14/2019) (gr)
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Filing 295
OPINION AND ORDER: This Opinion addresses the second claim construction dispute in this action. Novartis Vaccines and Diagnostics, Inc., Novartis Pharma AG, and Grifols Worldwide Operations Limited (together, Novartis) have sued Regeneron Pharmaceuticals, Inc. (Regeneron) for infringement of United States Patent No. 5,688,688 (the "688 Patent) entitled Vector for Expression of a Polypeptide in a Mammalian Cell. The 688 Patent contains 24 claims and describes a biotechnology tool that allows researchers to modify cells to produce a desired protein by delivering foreign DNA into host cells. On March 20, 2019, this Court construed five sets of terms found in the 688 Patents claims. See Novartis Vaccines & Diagnostics, Inc. v. Regeneron Pharm., Inc., No. 18cv2434(DLC), 2019 WL 1274790 (S.D.N.Y. Mar. 20, 2019) (the March 20 Opinion). Familiarity with the March 20 Opinion is presumed. Shortly thereafter, the parties stipulated to a judgment of non-infringement as to all but one claim -- Claim 17 -- in the 688 Patent. The parties now disagree as to the meaning of three terms in the remaining claim. The three terms were not construed in the March 20 Opinion. Pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), this Opinion adopts Regenerons constructions for two of the three disputed terms and. A hearing will be scheduled to assist in construction of the third term..... (Signed by Judge Denise L. Cote on 8/14/2019) (gr)
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Filing 294
ORDER granting #293 Motion for Christopher B. Roberts to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 293 MOTION for Christopher B. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17403688. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit Christopher B. Roberts in Support of Motion for Admission, #2 Exhibit A - Christopher B. Roberts Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice of Christopher B. Roberts)(Roberts, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #293 MOTION for Christopher B. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17403688. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Mediator Session Held through multiple telephone conference sessions in July.(ah) |
| Filing 292 SEALED DOCUMENT placed in vault.(rz) |
| Filing 291 ENDORSED LETTER addressed to Judge Denise L. Cote from Irena Royzman dated July 26, 2019 re: Sealing of Confidential Documents. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/6/2019) (gr) |
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Filing 290
ORDER granting #260 Motion for Hannah Lee to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 289 DECLARATION of Kathryn Calame, Ph.D. in Support re: #287 Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A)(Kahn, Sherman) |
| Filing 288 DECLARATION of Heinz J. Salmen in Support re: #287 Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 19, #2 Exhibit 20, #3 Exhibit 21, #4 Exhibit 22, #5 Exhibit 23, #6 Exhibit 24, #7 Exhibit 25, #8 Exhibit 26, #9 Exhibit 27, #10 Exhibit 28, #11 Exhibit 29)(Kahn, Sherman) |
| Filing 287 BRIEF in Reply to 284 Regeneron's Responsive Markman Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 286 DECLARATION of Michael Green, M.D., Ph.D. in Support re: #284 Memorandum of Law in Opposition. Document filed by Regeneron Pharmaceuticals, Inc.. (Royzman, Irena) |
| Filing 285 DECLARATION of Irena Royzman in Opposition re: #274 Brief,,. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Royzman, Irena) |
| Filing 284 MEMORANDUM OF LAW in Opposition re: #274 Brief,, Regeneron's Responsive Markman Brief. Document filed by Regeneron Pharmaceuticals, Inc.. (Royzman, Irena) |
| Filing 283 SEALED DOCUMENT placed in vault.(mhe) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Irena Royzman to RE-FILE Document #279 Memorandum of Law in Opposition to Motion. Use the event type Memorandum in Opposition (non-motion) found under the event list Other Answers, then select the #274 Brief. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Irena Royzman to RE-FILE Document #281 Declaration in Opposition to Motion, #280 Declaration in Opposition to Motion. Use the event type Declaration in Opposition (non-motion) found under the event list Other Answers, then select the #274 Brief. (db) |
| Filing 282 LETTER addressed to Judge Denise L. Cote from Irena Royzman dated July 26, 2019 re: Sealing of Confidential Documents. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| Filing 281 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Michael Green, M.D., Ph.D. in Opposition re: #273 LETTER MOTION to Seal Document regarding Plaintiffs' Second Opening Claim Construction Brief addressed to Judge Denise L. Cote from Sherman Kahn dated July 19, 2019.. Document filed by Regeneron Pharmaceuticals, Inc.. (Royzman, Irena) Modified on 7/30/2019 (db). |
| Filing 280 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Irena Royzman in Opposition re: #273 LETTER MOTION to Seal Document regarding Plaintiffs' Second Opening Claim Construction Brief addressed to Judge Denise L. Cote from Sherman Kahn dated July 19, 2019.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Errata 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22, #13 Exhibit 23, #14 Exhibit 24, #15 Exhibit 25, #16 Exhibit 26)(Royzman, Irena) Modified on 7/30/2019 (db). |
| Filing 279 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: #273 LETTER MOTION to Seal Document regarding Plaintiffs' Second Opening Claim Construction Brief addressed to Judge Denise L. Cote from Sherman Kahn dated July 19, 2019. Regeneron's Responsive Markman Brief. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit of Irena Royzman, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Royzman, Irena) Modified on 7/30/2019 (db). |
| Filing 278 DECLARATION of Heinz J. Salmen re: #274 Brief,, . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Kahn, Sherman) |
| Filing 277 ENDORSED LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated July 19, 2019 re:Request to seal document regarding Plaintiffs' Second Opening Claim Construction Brief.ENDORSEMENT: The requests to redact material in paragraphs 57 ad 58 are denied. If the material in paragraph 64 is not public, it may be redacted. (Signed by Judge Denise L. Cote on 7/23/2019) (gr) |
| Filing 276 DECLARATION of Heinz J. Salmen in Support re: #274 Brief,,. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 [Filed Under Seal], #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Kahn, Sherman) |
| Filing 275 DECLARATION of Kathryn Calame, Ph.D. in Support re: #274 Brief,,. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A)(Kahn, Sherman) |
| Filing 274 BRIEF re Plaintiffs' Second Opening Claim Construction Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 [Filed Under Seal], #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Kahn, Sherman) |
| Filing 273 LETTER MOTION to Seal Document regarding Plaintiffs' Second Opening Claim Construction Brief addressed to Judge Denise L. Cote from Sherman Kahn dated July 19, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
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Filing 272
ORDER: On March 25, 2019, this case was referred for mediation to the Court-annexed Mediation Program. It is hereby ORDERED that the parties shall immediately contact the Court-annexed Mediation Program to schedule settlement discussions. (Signed by Judge Denise L. Cote on 7/15/2019) (gr) Transmission to Mediation Clerk for processing.
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Filing 271
ORDER granting #261 Motion for Phuong Diem Nguyen to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 270 NOTICE of Service of Offer of Judgment Pursuant to Federal Rule of Civil Procedure 68. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
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Filing 269
ORDER.....Novartis shall file its initial claim construction brief for the additional three terms identified in Regenerons July 12 letter by July 19, 2019, that Regeneron shall file a responsive brief by July 26, 2019, and that Novartis shall file any reply brief by July 31, 2019. IT IS FURTHER ORDERED that the deadline for the close of expert discovery, currently set for August 23, 2019, shall be extended to three weeks from the date of filing of the Courts Opinion and Order construing the additional three terms identified in the July 12 letter. The schedule for briefing of any summary judgment motion shall be similarly extended. (Signed by Judge Denise L. Cote on 7/15/2019) (gr)
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| Filing 268 LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated July 15, 2019 re: Response to Letter from Irena Royzman (Dkt 264) and Court's Endorsement (Dkt. 266). Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kahn, Sherman) |
| Filing 267 LETTER addressed to Judge Denise L. Cote from Irena Royzman dated July 15, 2019 re: Briefing Schedule. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| Filing 266 ENDORSED LETTER addressed to Judge Denise L. Cote from Irena Royzman dated July 12, 2019 re: Case Scheduling. ENDORSEMENT: The parties shall advise the Court by Monday, July 15, at noon, whether they agree to the following claim construction briefing schedule for the three terms: Novartis: July 19; Regeneron: July 26; Novartis: July 31. (Signed by Judge Denise L. Cote on 7/12/2019) (gr) |
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Filing 265
OPINION AND ORDER......Regenerons April 16, 2019 request to preclude Novartis from offering at trial the Agreements or the Pharma Spreadsheet is reaffirmed and Novartiss May 1, 2019 request for reconsideration is denied. (Signed by Judge Denise L. Cote on 7/12/2019) (gr)
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| Filing 264 LETTER addressed to Judge Denise L. Cote from Irena Royzman dated July 12, 2019 re: Case Scheduling. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
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Filing 263
ORDER granting #262 Motion for Daniel Williams to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #261 MOTION for Phuong Diem Nguyen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17207661. Motion and supporting papers to be reviewed by Clerk's Office staff., #262 MOTION for Daniel Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17207694. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 262 MOTION for Daniel Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17207694. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit of Daniel Williams, #2 Exhibit A, #3 Text of Proposed Order Proposed Order)(Williams, Daniel) |
| Filing 261 MOTION for Phuong Diem Nguyen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17207661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit of Phuong Diem Nguyen, #2 Exhibit A, #3 Text of Proposed Order Proposed Order)(Nguyen, Phuong) |
| Mediator Session Held through multiple telephone conference sessions in June.(ah) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #260 SECOND MOTION for Hannah Lee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 260 SECOND MOTION for Hannah Lee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit of Hannah Lee in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A, #3 Text of Proposed Order)(Lee, Hannah) |
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Filing 259
ORDER denying #258 LETTER MOTION to Stay proceedings pending resolution of Regeneron's IPR Petition. Both applications are denied. (Signed by Judge Denise L. Cote on 6/12/2019) (jca)
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| Filing 258 LETTER MOTION to Stay proceedings pending resolution of Regeneron's IPR Petition addressed to Judge Denise L. Cote from Sherman Kahn dated June 11, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kahn, Sherman) |
| Filing 257 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Hannah Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17057193. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit of Hannah Lee In Support of Motion Pro Hac Vice, #2 Exhibit A, #3 Text of Proposed Order)(Lee, Hannah) Modified on 6/11/2019 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #257 MOTION for Hannah Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17057193. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 256 NOTICE OF CHANGE OF ADDRESS by Irena Royzman on behalf of Regeneron Pharmaceuticals, Inc.. New Address: Kramer Levin Naftalis & Frankel LLP, 1177 Avenue of the America, New York, New York, 10036, (212) 715-9100. (Royzman, Irena) |
| Filing 255 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 254 SEALED DOCUMENT placed in vault.(rz) |
| Filing 253 DECLARATION of Greg Wolfe in Opposition re: #252 Opposition Brief. Document filed by Regeneron Pharmaceuticals, 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)(Gay, Faith) |
| Filing 252 OPPOSITION BRIEF re: #237 Brief,, in opposition to plaintiffs' motion for reconsideration pursuant to the courts April 25, 2019 order. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
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Filing 251
ORDER granting #246 LETTER MOTION to Seal Document. Granted. (Signed by Judge Denise L. Cote on 6/6/2019) (jca) Transmission to Sealed Records Clerk for processing.
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Filing 250
ORDER granting #247 LETTER MOTION to Seal Document. Granted. (Signed by Judge Denise L. Cote on 6/6/2019) (jca) Transmission to Sealed Records Clerk for processing.
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| Filing 249 ANSWER to #233 Counterclaim. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1)(Kahn, Sherman) |
| Filing 248 BRIEF in reply to Regeneron's Opposition Brief dated May 15, 2109. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1 [Filed Under Seal], #2 Exhibit 2 [Filed Under Seal], #3 Exhibit 3 [Filed Under Seal], #4 Exhibit 4 [Filed Under Seal])(Kahn, Sherman) |
| Filing 247 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Sherman Kahn dated May 24, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Mediator Session Held on 5/22/19 at Mediator's Office.(ah) |
| MEDIATOR SESSION SCHEDULED Mediation Session scheduled for 6/25/19, 10 AM through telephone conference.(ah) |
| Filing 246 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Faith Gay dated May 15, 2019. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 245 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/24/19 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...(McGuirk, Kelly) |
| Filing 244 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/24/2019 before Judge Denise L. Cote. Court Reporter/Transcriber: Lisa Smith, (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 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019.(McGuirk, Kelly) |
| Filing 243 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/25/19 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...(McGuirk, Kelly) |
| Filing 242 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/25/2019 before Judge Denise L. Cote. Court Reporter/Transcriber: Andrew Walker, (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 5/30/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/7/2019.(McGuirk, Kelly) |
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Filing 240
ORDER granting #239 Letter Motion for Extension of Time to Respond to #233 Regeneron's Second Amended Answer and Counterclaims by 6/3/2019. (Signed by Judge Denise L. Cote on 5/6/2019) (gr)
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| Filing 239 LETTER MOTION for Extension of Time to File Response/Reply to #233 Regeneron's Second Amended Answer and Counterclaims addressed to Judge Denise L. Cote from Sherman Kahn dated May 6, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
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Filing 238
ORDER granting #236 Motion to Seal Document. (Signed by Judge Denise L. Cote on 5/2/2019) (gr)
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| Filing 237 BRIEF Pursuant to the Court's April 25, 2019 Order. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 [Filed Under Seal], #4 Exhibit 4 [Filed Under Seal], #5 Exhibit 5, #6 Exhibit 6 [Filed Under Seal], #7 Exhibit 7 [Filed Under Seal], #8 Exhibit 8 [Filed Under Seal], #9 Exhibit 9, #10 Exhibit 10 [Filed Under Seal], #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 [Filed Under Seal], #14 Exhibit 14, #15 Exhibit 15)(Kahn, Sherman) |
| Filing 236 LETTER MOTION to Seal Document regarding Plaintiffs Brief Pursuant to the Court's April 25, 2019 Order addressed to Judge Denise L. Cote from Sherman Kahn dated May 1, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 235 SEALED DOCUMENT placed in vault.(mhe) |
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Filing 234
STIPULATION AND ORDER.....WHEREAS this is the parties' second request for an extension of time; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for all parties, as follows: (1) The date to identify rebuttal experts and disclose their expert testimony is extended from May 10, 2019, to May 31, 2019; (2)The date to exchange reply expert reports is extended from June 7, 2019, to June 28, 2019; (3)The date for the close of expert discovery is extended from August 2, 2019, to August 23, 2019; (4) The date for any motion for summary judgment is extended from September 13, 2019, to September 27, 2019; (5)The date for any motion for summary judgment oppositions is extended from October 18, 2019, to November 1, 2019; (6)The date for any motion for summary judgment replies is extended from November 8, 2019, to November 22, 2019; and (7) In the event no motion is filed, the date for filing the Joint Pretrial Order is extended from September 20, 2019, to October 4, 2019. (Signed by Judge Denise L. Cote on 4/30/2019) (gr)
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| Filing 233 AMENDED ANSWER to #48 Amended Complaint,,,, with JURY DEMAND., COUNTERCLAIM against Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 01, Part A -'336 Application, #2 Exhibit 01, Part B -'336 Application, #3 Exhibit 01, Part C - '336 Application, #4 Exhibit 01, Part D - '336 Application, #5 Exhibit 01, Part E - '336 Application, #6 Exhibit 01, Part F - '336 Application, #7 Exhibit 02 - March 1995 Prelim Amendment, #8 Exhibit 03 - Bebbington PCT (1988), #9 Exhibit 04 - Chapman 1991, #10 Exhibit 05 - Patent 5,595,886, #11 Exhibit 06, Part A - 5,789,203 Patent, #12 Exhibit 06, Part B - 5,789,203 Patent, #13 Exhibit 07, Part A - 652,099 Application (Chapman 1991 F8), #14 Exhibit 07, Part B - 652,099 Application (Chapman 1991 F8), #15 Exhibit 07, Part C - 652,099 Application (Chapman 1991 F8), #16 Exhibit 07, Part D - 652,099 Application (Chapman 1991 F8), #17 Exhibit 07, Part E - 652,099 Application (Chapman 1991 F8), #18 Exhibit 08, Part A - '894 Application, #19 Exhibit 08, Part B - '894 Application, #20 Exhibit 08, Part C - '894 Application, #21 Exhibit 08, Part D - '894 Application, #22 Exhibit 08, Part E - '894 Application, #23 Exhibit 09, Part A - '949 Patent, #24 Exhibit 09, Part B - '949 Patent, #25 Exhibit 09, Part C - '949 Patent, #26 Exhibit 09, Part D - '949 Patent, #27 Exhibit 09, Part E - '949 Patent, #28 Exhibit 10 - Celltech 1993 Ad, #29 Exhibit 11 - Celltech 1994 News Article, #30 Exhibit 12 - Celltech-Chiron Agreement, #31 Exhibit 13 - March 1995 Petition, #32 Exhibit 14 - March 1996 Petition, #33 Exhibit 15 - NOVCMV056559_image, #34 Exhibit 16 - Truett Decl, #35 Exhibit 17 - Truett Depo Transcript, #36 Exhibit 18 - 2007.01.22 - Amendment, #37 Exhibit 19 - 2007.11.02 - Brief on Appeal)(Gay, Faith) |
| Filing 232 PROPOSED STIPULATION AND ORDER. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
| Filing 231 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 230 ANSWER to #1 Complaint,,,, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 01, Part A -'336 Application, #2 Exhibit 01, Part B -'336 Application, #3 Exhibit 01, Part C - '336 Application, #4 Exhibit 01, Part D - '336 Application, #5 Exhibit 01, Part E - '336 Application, #6 Exhibit 01, Part F - '336 Application, #7 Exhibit 02 - March 1995 Prelim Amendment, #8 Exhibit 03 - Bebbington PCT (1988), #9 Exhibit 04 - Chapman 1991, #10 Exhibit 05 - Patent 5,595,886, #11 Exhibit 06, Part A - 5,789,203 Patent, #12 Exhibit 06, Part B - 5,789,203 Patent, #13 Exhibit 07, Part A - 652,099 Application (Chapman 1991 F8), #14 Exhibit 07, Part B - 652,099 Application (Chapman 1991 F8), #15 Exhibit 07, Part C - 652,099 Application (Chapman 1991 F8), #16 Exhibit 07, Part D - 652,099 Application (Chapman 1991 F8), #17 Exhibit 07, Part E - 652,099 Application (Chapman 1991 F8), #18 Exhibit 08, Part A - '894 Application, #19 Exhibit 08, Part B - '894 Application, #20 Exhibit 08, Part C - '894 Application, #21 Exhibit 08, Part D - '894 Application, #22 Exhibit 08, Part E - '894 Application, #23 Exhibit 09, Part A - '949 Patent, #24 Exhibit 09, Part B - '949 Patent, #25 Exhibit 09, Part C - '949 Patent, #26 Exhibit 09, Part D - '949 Patent, #27 Exhibit 09, Part E - '949 Patent, #28 Exhibit 10 - Celltech 1993 Ad, #29 Exhibit 11 - Celltech 1994 News Article, #30 Exhibit 12 - Celltech-Chiron Agreement, #31 Exhibit 13 - March 1995 Petition, #32 Exhibit 14 - March 1996 Petition, #33 Exhibit 15 - Novartis Initial Disclosures in Novartis v. MedImmune, #34 Exhibit 16 - Truett Declaration, #35 Exhibit 17 - Truett Deposition Transcript, #36 Exhibit Jan. 22, 2007 Amendment, #37 Exhibit Nov. 2, 2007 Brief on Appeal)(Gay, Faith) |
| Filing 229 LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated April 25, 2019 re: follow up to Joint Letter submitted on April 25, 2019 (D.I. 227). Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kahn, Sherman) |
| Filing 228 DECLARATION of Andrew D. Cohen re: #227 Letter jointly filed pursuant to the Court's instruction at the April 24, 2019 conference. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - cell phone records)(Royzman, Irena) |
| Filing 227 JOINT LETTER addressed to Judge Denise L. Cote from Irena Royzman dated April 25, 2019 re: #226 - timeline of parties' communications on April 8 with Dr. Wurm. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
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Filing 226
ORDER: At a conference on April 24, 2019, the parties addressed the Regeneron requests (1) to preclude plaintiffs from using certain documents related to plaintiffs request for lost-profits damages, and (2) to prevent plaintiffs from consulting with or sharing Regenerons confidential information with Dr. Wurm. It is hereby ORDERED that Regenerons request to preclude plaintiffs from using any supply/distribution agreements between Novartis Pharma AG and its non-party affiliates, and any spreadsheets first produced to Regeneron on April 5 (or thereafter) is granted. IT IS FURTHER ORDERED that plaintiffs may seek reconsideration of this ruling on the following schedule:Plaintiffs opening brief is due by May 1, 2019;Defendants responsive brief is due by May 15, 2019; and Plaintiffs reply brief is due by May 24, 2019. The parties shall address in their briefing whether this ruling has the practical effect of excluding any claim by plaintiffs for lost-profits damages. IT IS FURTHER ORDERED that by noon on April 25, 2019, Andrew Cohen shall provide an ex-parte affidavit describing the confidential information he shared with Dr. Wurm on April 8, 2019; and the parties shall jointly provide a timeline of their communications on April 8 with Dr. Wurm and with each other regarding Dr. Wurm. IT IS FURTHER ORDERED that Regenerons March 27, 2019 motion to file a second amended answer and counterclaims is granted. (Signed by Judge Denise L. Cote on 4/24/2019) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 4/25/2019. (Court Reporter Andrew Walker) (gr) |
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Filing 225
ORDER granting #218 Motion to Seal Document. (Signed by Judge Denise L. Cote on 4/24/2019) (gr)
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| Filing 224 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated April 23, 2019 re: #221 LETTER MOTION for Leave to File a motion to prevent Novartis from disclosing Regeneron confidential information and prevent Novartis from consulting with an expert addressed to Judge Denise L. Cote from Irena Royzman dated April 22, 2019. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kahn, Sherman) |
| Filing 223 SEALED DOCUMENT placed in vault.(mhe) |
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Filing 222
ORDER: IT IS HEREBY ORDERED that a conference in the above-captioned matter will be held on April 24, 2019 at 2:30 P.M. in Courtroom 18B at the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 4/22/2019) (gr)
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| Filing 221 LETTER MOTION for Leave to File a motion to prevent Novartis from disclosing Regeneron confidential information and prevent Novartis from consulting with an expert addressed to Judge Denise L. Cote from Irena Royzman dated April 22, 2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, Email from Regeneron to expert, #2 Exhibit B, Emails between Regeneron and expert, #3 Exhibit C, Email from Regeneron disclosing expert, #4 Exhibit D, Expert written assurance (04-08-2019), #5 Exhibit E, Emails between Regeneron and Novartis, #6 Exhibit F, Emails between Regeneron and expert, #7 Exhibit G, Email from Novartis disclosing expert, #8 Exhibit H, Expert written assurance (04-12-2019), #9 Exhibit I, Emails between Regeneron and Novartis)(Royzman, Irena) |
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Filing 220
ORDER granting #216 Motion to Seal Document. (Signed by Judge Denise L. Cote on 4/22/2019) (gr)
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| Filing 219 REPLY MEMORANDUM OF LAW in Support re: #180 MOTION to Amend/Correct /file a Second Amended Answer and Counterclaims. . Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, Expert Report of Professor David Hricik (UNDER SEAL), #2 Exhibit 2, Expert Report of Michael Green, M.D., Ph.D. (REDACTED))(Royzman, Irena) |
| Filing 218 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Irena Royzman dated April 19, 2019. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| Filing 217 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated April 18, 2019 re: #212 LETTER MOTION for Conference addressed to Judge Denise L. Cote from Faith Gay dated April 16, 2019. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Under Seal), #3 Exhibit 3 (Under Seal), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kahn, Sherman) |
| Filing 216 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Sherman Kahn dated April 18, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 215 LETTER addressed to Judge Denise L. Cote from Faith Gay dated 4/17/2019 re: Follow up to letter submitted on 4/16/17, dkt 212. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 214 SEALED DOCUMENT placed in vault.(rz) |
| Filing 213 SEALED DOCUMENT placed in vault.(rz) |
| Filing 212 LETTER MOTION for Conference addressed to Judge Denise L. Cote from Faith Gay dated April 16, 2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gay, Faith) |
| Filing 211 MEMORANDUM OF LAW in Opposition re: #180 MOTION to Amend/Correct /file a Second Amended Answer and Counterclaims. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4 (Filed Under Seal), #5 Exhibit 5 (Filed Under Seal), #6 Exhibit 6 (Filed Under Seal), #7 Exhibit 7 (Filed Under Seal), #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 (Filed Under Seal), #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Kahn, Sherman) |
| Filing 210 SEALED DOCUMENT placed in vault.(rz) |
| Filing 209 BRIEF in Reply to #208 Regeneron's Responsive Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A (Filed Under Seal))(Kahn, Sherman) |
| Filing 208 BRIEF re: #184 Brief, - Regeneron's Responsive Brief Addressing Case Law Concerning Plaintiffs' Theories of Damages. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - Novartis Infringement Contentions (Filed Under Seal), #2 Exhibit 2 - Regeneron 10-K Excerpt, #3 Exhibit 3 - Regeneron BLA Excerpt (Filed Under Seal), #4 Exhibit 4 - 688 Patent: Jan. 2007 Re-exam Amendment, #5 Exhibit 5 - 688 Patent: May 2007 Re-exam Amendment, #6 Exhibit 6 - 688 Patent Re-exam Certificate, #7 Exhibit 7 - Sturmhoefel Deposition Excerpts (Filed Under Seal))(Royzman, Irena) |
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Filing 207
ORDER granting #205 Motion to Seal Document. (Signed by Judge Denise L. Cote on 4/15/2019) (gr)
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| Filing 206 LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated April 15, 2019 re: responding to Judge Cote's Orders (D.I. 203 and D.I. 204). Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 205 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Sherman Kahn dated April 12, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 204 ENDORSED addressed to Judge Denise L. Cote from Sherman Kahn dated April 9, 2019 re: LETTER MOTION to Seal Document. ENDORSEMENT: Exhibit A may be sealed. By April 16, Novartis shall explain why the proposed redactions to the brief are appropriate. (Signed by Judge Denise L. Cote on 4/12/2019) (gr) |
| Filing 203 ENDORSED LETTER addressed to Judge Denise L. Cote from Irena Royzman dated April 5, 2019 re: LETTER MOTION to Seal Document and to file with redactions. ENDORSEMENT: The Exhibit requests are granted. The proposed redactions in the brief are denied subject to Novartis explaining by April 16 why these redactions are appropriate. (Signed by Judge Denise L. Cote on 4/12/2019) (gr) |
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Filing 202
STIPULATION AND ORDER........NOW THEREFORE, the parties stipulate and agree to the following modifications of the Court's Scheduling Order, subject to the approval of the Court: 1) The date to identify rebuttal experts and disclose their expert testimony is extended from April 26, 2019, to May 10, 2019; 2) The date to exchange reply expert reports is extended from May 17, 2019, to June 7, 2019; 3) The date for the close of expert discovery is extended from June 28, 2019, to August 2, 2019; 4) The date for any motion for summary judgment is extended from July 26, 2019, to September 13, 2019; 5) The date for any motion for summary judgment oppositions is extended from September 13, 2019, to October 18, 2019; 6) The date for any motion for summary judgment replies is extended from October 4, 2019, to November 8, 2019; and 7) In the event no motion is filed, the date for filing the Joint Pretrial Order is extended from August 2, 2019, to September 20, 2019. (Signed by Judge Denise L. Cote on 4/11/2019) (gr)
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| Filing 201 PROPOSED STIPULATION AND ORDER. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 5/22/19, 10 AM at Mediator's Office.(ah) |
| Filing 200 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Sherman Kahn dated April 9, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 199 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/22/19 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...(McGuirk, Kelly) |
| Filing 198 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/22/2019 before Judge Denise L. Cote. Court Reporter/Transcriber: Thomas Murray, (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 4/29/2019. Redacted Transcript Deadline set for 5/9/2019. Release of Transcript Restriction set for 7/8/2019.(McGuirk, Kelly) |
| Filing 197 NOTICE of Withdrawal of Attorney. Document filed by UCB Celltech. (Counihan, Robert) |
| Filing 196 LETTER MOTION to Seal Document and to file with redactions addressed to Judge Denise L. Cote from Irena Royzman dated April 5, 2019. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| Filing 195 SEALED DOCUMENT placed in vault.(rz) |
| Filing 194 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated April 2, 2019 re: #185 LETTER MOTION for Conference re: discovery addressed to Judge Denise L. Cote from Faith Gay dated 3/29/2019. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, 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)(Kahn, Sherman) |
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Filing 193
ORDER granting #190 Motion to Seal Document. (Signed by Judge Denise L. Cote on 4/3/2019) (gr)
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Filing 192
ORDER granting #186 Motion to Seal Document. (Signed by Judge Denise L. Cote on 4/3/2019) (gr)
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Filing 191
ORDER denying #185 Letter Motion for Conference. (Signed by Judge Denise L. Cote on 4/3/2019) (gr)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/3/2019.(mf) |
| Filing 190 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Sherman Kahn dated April 2, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 189 MEMORANDUM OF LAW in Support re: #180 MOTION to Amend/Correct /file a Second Amended Answer and Counterclaims. . Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exhibit A - 2019.03.27_Regeneron Second Amended Answer, #2 Exhibit Exhibit 01, Part A -'336 Application, #3 Exhibit Exhibit 01, Part B -'336 Application, #4 Exhibit Exhibit 01, Part C - '336 Application, #5 Exhibit Exhibit 01, Part D - '336 Application, #6 Exhibit Exhibit 01, Part E - '336 Application, #7 Exhibit Exhibit 01, Part F - '336 Application, #8 Exhibit Exhibit 02 - March 1995 Prelim Amendment, #9 Exhibit Exhibit 03 - Bebbington PCT (1988), #10 Exhibit Exhibit 04 - Chapman 1991, #11 Exhibit Exhibit 05 - Patent 5,595,886, #12 Exhibit Exhibit 06, Part A - 5,789,203 Patent, #13 Exhibit Exhibit 06, Part B - 5,789,203 Patent, #14 Exhibit Exhibit 07, Part A - 652,099 Application (Chapman 1991 F8), #15 Exhibit Exhibit 07, Part B - 652,099 Application (Chapman 1991 F8), #16 Exhibit Exhibit 07, Part C - 652,099 Application (Chapman 1991 F8), #17 Exhibit Exhibit 07, Part D - 652,099 Application (Chapman 1991 F8), #18 Exhibit Exhibit 07, Part E - 652,099 Application (Chapman 1991 F8), #19 Exhibit Exhibit 08, Part A - '894 Application, #20 Exhibit Exhibit 08, Part B - '894 Application, #21 Exhibit Exhibit 08, Part C - '894 Application, #22 Exhibit Exhibit 08, Part D - '894 Application, #23 Exhibit Exhibit 08, Part E - '894 Application, #24 Exhibit Exhibit 09, Part A - '949 Patent, #25 Exhibit Exhibit 09, Part B - '949 Patent, #26 Exhibit Exhibit 09, Part C - '949 Patent, #27 Exhibit Exhibit 09, Part D - '949 Patent, #28 Exhibit Exhibit 09, Part E - '949 Patent, #29 Exhibit Exhibit 10 - Celtech 1993 ad, #30 Exhibit Exhibit 11 - Celltech 1994 News Article, #31 Exhibit Exhibit 12 - Filed Under Seal, #32 Exhibit Exhibit 13 - March 1995 Petition, #33 Exhibit Exhibit 14 - March 1996 Petition, #34 Exhibit Exhibit 15 - NOVCMV056559_, #35 Exhibit Exhibit 16 - Truett Decl, #36 Exhibit Exhibit 17 - Truett Depo Transcript., #37 Exhibit Exhibit 18 - 2007.01.22 - Amendment, #38 Exhibit Exhibit 19 - 2007.11.02 - Brief on Appeal, #39 Exhibit Exhibit B - Redline of Amd'd Answer and 2nd Amd'd Answer)(Gay, Faith) |
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Filing 188
STIPULATION AND PARTIAL JUDGMENT OF NONINFRINGEMENT: NOW THEREFORE, the parties stipulate and agree as follows, subject to the approval of the Court: I. Based on the Court's construction of "vector"/"vector for expression" and "SV 40 origin of replication"/"origin of replication", the parties request, and the Court hereby enters, a Judgment of Noninfringement of asserted claims I, 2, 4, 5, 6, 8, 9, 13, and 14; and as further set forth in this Order. SO ORDERED. (Signed by Judge Denise L. Cote on 4/1/2019) (jca) Modified on 4/1/2019 (jca).
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| ***DELETED DOCUMENT. Deleted document number #188 Stipulation and Order. The document was incorrectly filed in this case. (jca) |
| Filing 187 PROPOSED STIPULATION AND ORDER. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
| Filing 186 LETTER MOTION to Seal Document #185 LETTER MOTION for Conference re: discovery addressed to Judge Denise L. Cote from Faith Gay dated 3/29/2019. addressed to Judge Denise L. Cote from Faith Gay dated 3/29/2019. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 185 LETTER MOTION for Conference re: discovery addressed to Judge Denise L. Cote from Faith Gay dated 3/29/2019. Document filed by Regeneron Pharmaceuticals, 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)(Gay, Faith) |
| Filing 184 BRIEF Regarding the Relevance of Foreign Sales of Products That Defendant Manufactures Domestically Using the Patented Technology. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
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Filing 183
ORDER: On March 27, 2019, defendant Regeneron filed a motion for leave to file a second amended answer and counterclaims. It is hereby ORDERED that the plaintiffs shall file any opposition to this motion by April 12, 2019.IT IS FURTHER ORDERED that the defendant shall file any reply by April 19, 2019. (Signed by Judge Denise L. Cote on 3/29/2019) (gr)
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Filing 182
ORDER: In connection with requests for redactions, it is hereby ORDERED that counsel must explain briefly in a letter filed on ECF the reasons for seeking to file a submission under seal or to redact portions of the submission. The parties designation of material as confidential or highly confidential will not, by itself, support the redaction of documents that must be filed on ECF. IT IS FURTHER ORDERED that counsel do not need to seek permission to redact material that is required or permitted to be redacted under the SDNY ECF Rules. IT IS FURTHER ORDERED that, in connection with Regenerons request of March 27, the request to file under seal the Chiron-Celltech Agreement is granted. The remaining requests to redact passages of the submissions are denied for an insufficient showing of any reason to keep the information confidential. There has been no showing that the names of inventors, employees, or counsel; testimony from an inventor; or the existence of the Chiron-Celltech agreement should be redacted. (Signed by Judge Denise L. Cote on 3/29/2019) (gr)
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| Filing 181 LETTER MOTION to Seal Document #180 MOTION to Amend/Correct /file a Second Amended Answer and Counterclaims. addressed to Judge Denise L. Cote from Faith Gay dated March 27, 2019. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 180 MOTION to Amend/Correct /file a Second Amended Answer and Counterclaims. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
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Filing 179
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. (Signed by Judge Denise L. Cote on 3/25/2019) (gr) Transmission to Mediation Clerk for processing.
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Filing 178
ORDER: IT IS HEREBY ORDERED that the parties shall submit briefing regarding the application of WesternGeco LLC v. ION Geophysical Corp., 138 S. Ct. 2129 (2018); Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc., 711 F.3d 1348 (Fed. Cir. 2013); and any other authority they would like to bring to the attention of the Court, to the Plaintiffs theories of damages. The Plaintiffs shall file an opening brief, not to exceed five pages, by March 29, 2019. The Defendant shall file a responsive brief, not to exceed five pages, by April 5, 2019. The Plaintiffs shall file any reply, not to exceed two pages, by April 9, 2019. IT IS FURTHER ORDERED that the parties must reenter the Court-annexed Mediation Program. The parties must contact the Mediation Program by March 29, 2019. (Signed by Judge Denise L. Cote on 3/22/2019) (gr)
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Filing 177
ORDER granting #176 Letter Motion for Extension of Time for the parties to exchange opening expert reports by 4/5/2019. (Signed by Judge Denise L. Cote on 3/21/2019) (gr) Modified on 3/21/2019 (gr).
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| Filing 176 FIRST LETTER MOTION for Extension of Time to exchange opening expert reports addressed to Judge Denise L. Cote from Sherman Kahn dated March 21, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Correction to the docket text regarding document #177. The date for the parties to exchange opening expert reports has been corrected to read 4/5/2019. (gr) |
| Filing 175 LETTER addressed to Judge Denise L. Cote from Faith Gay dated 03/20/2019 re: Response to Novartis's letter Dkt. 173. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(Gay, Faith) |
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Filing 174
OPINION AND ORDER.....The disputed terms, as set forth in the parties' claim construction submissions, are construed as set forth above. (Signed by Judge Denise L. Cote on 3/20/2019) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/20/2019 for the Court to rule on an issue parties having while holding their deposition. (gr) |
| Filing 173 LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated March 19, 2019 re: responding to the Court's March 15 Order (D.I. 170). Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1)(Kahn, Sherman) |
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Filing 171
ORDER denying #164 Regeneron's Letter Motion for a conference regarding the failure of Plaintiffs NVD, Pharma, and Grifols to comply with the Court's orders to produce Grifols-and lost profits-related discovery. (Signed by Judge Denise L. Cote on 3/15/2019) (gr)
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| Filing 170 ENDORSED LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated March 13, 2019 re: LETTER MOTION for Conference regarding Regeneron discovery deficiencies. ENDORSEMENT: The parties shall meet and confer and raise any remaining dispute by Tuesday, March 19, 2019. (Signed by Judge Denise L. Cote on 3/15/2019) (gr) |
| Filing 169 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated March 15, 2019 re: #164 LETTER MOTION for Conference addressed to Judge Denise L. Cote from Faith Gay dated March 13, 2019. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
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Filing 168
ORDER granting #165 Defendant's Motion to Seal Exhibits A-F. (Signed by Judge Denise L. Cote on 3/15/2019) (gr)
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Filing 167
ENDORSED LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated 3/13/2019 re: request that Exhibit 1 to the 3/13/2019 Letter (D.I. 162) be filed in redacted form and Exhibit 5 to the same letter (D.I. 162) be filed under seal in its entirety due to highly confidential and proprietary information designated by Defendant therein under the Stipulated Protective Order. ENDORSEMENT: There does not appear to be any reason to redact either document. Should the defendant contend that redactions are necessary, they shall advise the Court by 3/18/19. (Signed by Judge Denise L. Cote on 3/15/2019) (gr)
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| Filing 166 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Faith Gay dated March 14, 2019 re: #162 LETTER MOTION for Conference regarding Regeneron discovery deficiencies addressed to Judge Denise L. Cote from Sherman Kahn dated March 13, 2019. . Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gay, Faith) |
| Filing 165 LETTER MOTION to Seal Document #164 LETTER MOTION for Conference addressed to Judge Denise L. Cote from Faith Gay dated March 13, 2019. addressed to Judge Denise L. Cote from Faith Gay dated March 13, 2019. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 164 LETTER MOTION for Conference addressed to Judge Denise L. Cote from Faith Gay dated March 13, 2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gay, Faith) |
| Filing 163 LETTER MOTION to Seal Document Exhibits 1 and 5 to D.I. 162 addressed to Judge Denise L. Cote from Sherman Kahn dated March 13, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 162 LETTER MOTION for Conference regarding Regeneron discovery deficiencies addressed to Judge Denise L. Cote from Sherman Kahn dated March 13, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kahn, Sherman) |
| Filing 161 LETTER addressed to Judge Denise L. Cote from Irena Royzman dated March 11, 2019 re: response to Novartis's letter dated March 8, 2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, Teleconference excerpt March 5, 2019)(Royzman, Irena) |
| Filing 160 LETTER MOTION for Discovery addressed to Judge Denise L. Cote from Sherman Kahn dated March 8, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kahn, Sherman) |
| Filing 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/8/19 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...(McGuirk, Kelly) |
| Filing 158 TRANSCRIPT of Proceedings re: conference held on 2/8/2019 before Judge Denise L. Cote. 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 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019.(McGuirk, Kelly) |
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Filing 157
ORDER denying #154 LETTER MOTION to Seal Document. The request to redact the March 11 letter is denied. It shall be promptly filed by Regeneron on ECF. Regeneron may depose Dr. Truitt on documents not shown to her in a Delaware deposition and re-examination statements not explored in Delaware testimony. Regeneron may depose a 30b6 motion on damages, including on costs and benefits of a switch to a different cell line. The parties shall meet and confer prior to bringing discovery disputes to the Court in an effort to resolve disputes in good faith. (Signed by Judge Denise L. Cote on 3/13/2019) (jca)
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Filing 156
ORDER granting in part #152 LETTER MOTION to Seal Document. The request to redact the 3/8/19 cover letter is denied. The redactions to its exhibits are approved. (Signed by Judge Denise L. Cote on 3/13/2019) (jca) Transmission to Sealed Records Clerk for processing.
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Filing 155
ORDER granting #153 Motion for John D. Polivick to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 154 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Irena Royzman dated March 11, 2019. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| Filing 153 MOTION for John D. Polivick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16467279. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Exhibit Exhibit A - Certificates of Good Standing from Illinois/Missouri, #3 Text of Proposed Order Text of Proposed Order Granting Admission Pro Hac)(Polivick, John) |
| Filing 152 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Sherman Kahn dated March 8, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #153 MOTION for John D. Polivick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16467279. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 151
ORDER: Having reviewed the parties February 25, 2019 letter, it is hereby ORDERED that Novartis must produce responsive documents as requested in Section V of the February 25 letter regarding Grifols-related discovery by March 6, 2019. If Novartis believes responsive documents are not relevant, it must promptly seek a protective order by submitting a letter of no more than two pages. IT IS FURTHER ORDERED that Novartis must promptly identify an individual with knowledge from Grifols as requested in the February 25 letter. (Signed by Judge Denise L. Cote on 2/28/2019) (gr)
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Filing 150
STIPULATED PROTECTIVE ORDER GOVERNING REGENERON PRODUCTION OF BIOLOGICAL MATERIAL. (Signed by Judge Denise L. Cote on 2/26/2019) (gr)
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| Filing 149 JOINT LETTER addressed to Judge Denise L. Cote from Faith Gay dated 2/25/19 re: courts order regarding the discovery disputes. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gay, Faith) |
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Filing 148
ORDER granting #143 Motion to Seal Document. (Signed by Judge Denise L. Cote on 2/22/2019) (gr)
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| Filing 147 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated February 22, 2019 re: #142 LETTER MOTION for Conference regarding the continued failure by plaintiffs to comply with the Courts January 18 and February 8, 2019 instructions addressed to Judge Denise L. Cote from Faith Gay dated 2/21/2019. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1)(Kahn, Sherman) |
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Filing 146
ORDER: On February 20, 2019, plaintiff Novartis submitted a letter regarding the parties dispute as to a proposed protective order governing the production of Regenerons biological materials. One of the attached exhibits, exhibit C, struck through clauses in red which it wished to exclude from that protective order (Clauses). On February 21, Regeneron submitted a responsive letter.IT IS HEREBY ORDERED that the following Clause may be stricken: paragraph 11(a) (identifying 6 years of work). IT IS FURTHER ORDERED that the following Clauses may not be stricken: paragraph 15 (agreement to irreparable harm); Written Assurance paragraph 5 (agreement to irreparable harm); Testing Laboratory Written Assurance paragraph 6 (agreement to irreparable harm). IT IS FURTHER ORDERED that the parties shall submit by February 25, 2019, a joint proposed stipulated protective order governing the production of Regenerons biological materials in accordance with this order. (Signed by Judge Denise L. Cote on 2/22/2019) (gr)
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Filing 145
ORDER: On February 19, 2019, defendant Regeneron submitted a letter raising several discovery disputes. On February 20, Novartis submitted a responsive letter.IT IS HEREBY ORDERED that the parties shall meet and confer with regard to the discovery disputes presented in the Regeneron letter. IT IS FURTHER ORDERED that, following this meet and confer process, the parties shall submit by February 25, 2019, a joint letter describing any unresolved issues related to the discovery disputes. This letter shall present each request from Regeneron in a separate paragraph to be followed immediately by a paragraph presenting Novartiss response to the request. Regeneron shall identify the date on which initial requests for documents or answers to interrogatories were made with regard to each dispute. (Signed by Judge Denise L. Cote on 2/21/2019) (gr)
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| Filing 144 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Faith Gay dated 2/21/2019 re: #140 LETTER MOTION for Conference regarding Biological Protective Order addressed to Judge Denise L. Cote from Sherman Kahn dated February 20, 2019. Defendants' seeking to enter a protective order. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gay, Faith) |
| Filing 143 LETTER MOTION to Seal Document #142 LETTER MOTION for Conference regarding the continued failure by plaintiffs to comply with the Courts January 18 and February 8, 2019 instructions addressed to Judge Denise L. Cote from Faith Gay dated 2/21/2019. addressed to Judge Denise L. Cote from Faith Gay dated 2/21/2019. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 142 LETTER MOTION for Conference regarding the continued failure by plaintiffs to comply with the Courts January 18 and February 8, 2019 instructions addressed to Judge Denise L. Cote from Faith Gay dated 2/21/2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gay, Faith) |
| Filing 141 ENDORSED LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated February 18, 2019 for a conference regarding Regeneron's Discovery Deficiencies. ENDORSEMENT: The requests to depose Dr. Yancopoulos and Dr. Davis are denied, without prejudice to a renewed application after 3/8/19. The request for responses to interrogatory Nos. 8-10 is denied. (Signed by Judge Denise L. Cote on 2/19/2019) (gr) |
| Filing 140 LETTER MOTION for Conference regarding Biological Protective Order addressed to Judge Denise L. Cote from Sherman Kahn dated February 20, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kahn, Sherman) |
| Filing 139 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated February 20, 2019 re: #136 LETTER MOTION for Conference regarding the continued failure by plaintiffs to produce vital discovery unrelated to the Delaware litigation addressed to Judge Denise L. Cote from Faith Gay dated 2/19/19. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kahn, Sherman) |
| Filing 138 ENDORSED LETTER addressed to Judge Denise L. Cote from Robert Edward Counihan dated February 15, 2019 re: Extension of third-party deadline to show cause. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/19/2019) (sk) |
| Filing 137 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Faith Gay dated 2/19/19 re: #135 LETTER MOTION for Conference regarding Regeneron's Discovery Deficiencies addressed to Judge Denise L. Cote from Sherman Kahn dated February 18, 2019. re: response to defendants' letter dated 2/18/19 seeking the deposition of Dr. George Yancopoulos. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gay, Faith) |
| Filing 136 LETTER MOTION for Conference regarding the continued failure by plaintiffs to produce vital discovery unrelated to the Delaware litigation addressed to Judge Denise L. Cote from Faith Gay dated 2/19/19. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gay, Faith) |
| Filing 135 LETTER MOTION for Conference regarding Regeneron's Discovery Deficiencies addressed to Judge Denise L. Cote from Sherman Kahn dated February 18, 2019. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Kahn, Sherman) |
| Filing 134 LETTER addressed to Judge Denise L. Cote from Robert E. Counihan dated February 15, 2019 re: Response from Non-Party UCB Celltech to February 8, 2019 Court Order [Dkt. 132]. Document filed by UCB Celltech.(Counihan, Robert) |
| Filing 133 NOTICE OF APPEARANCE by Robert Edward Counihan on behalf of UCB Celltech. (Counihan, Robert) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 2/8/2019. (Court Reporter Raquel Robles) (gr) |
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Filing 132
ORDER Through a February 7, 2019 letter, defendant Regeneron Pharmaceuticals, Inc. (Regeneron) requests production by Novartis of documents generated by non-parties Stanford University (Stanford) and UCB Celltech (UCB) in the litigation brought in 2011 regarding the same patent allegedly infringed upon in the instant case (the Delaware Litigation). It is hereby ORDERED that the parties shall provide notice of this request and this Order to Stanford and UCB by February 8, 2019. IT IS FURTHER ORDERED that Stanford and UCB shall show cause by February 15, 2019 why the requested documents should not be produced, subject to the protective order in this case. (signed by Judge Denise L. Cote on 2/8/19) (sk)
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Filing 131
STIPULATION AND ORDER REGARDING ASSERTED CLAIMS.....NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for all parties, as follows: 1. The presently asserted claims against Regeneron are claims 1-2, 4-6, 8-9, 13-14 and 17 of the '688 patent. 2. Novartis' claims of infringement in this action as to claims 3, 7, 10-12, 15, 16 and 18-24 of the '688 patent are hereby DISMISSED WITH PREJUDICE. 3. Regeneron' s Counterclaim seeking a declaratory judgment of noninfringement of claims 3, 7, 10-12, 15, 16, and 18-24 of the '688 patent is hereby DISMISSED WITHOUT PREJUDICE. 4.Regeneron's Counterclaim challenging the validity of claims 3, 7, 10-12, 15, 16 and 18-24 of the '688 patent is hereby DISMISSED WITHOUT PREJUDICE. 5. Regeneron's Counterclaim challenging the enforceability of claims 3, 7, 10-12, 15, 16 and 18-24 of the '688 patent is hereby DISMISSED WITHOUT PREJUDICE. 6. Nothing in this stipulation relates to, prejudices, precludes, or otherwise impacts Novartis' pending claims for infringement of claims 1-2, 4-6, 8-9, 13- 14 and 17 of the '688 patent. 7. Each party shall bear its own fees and costs, including its attorney fees, in connection with the dismissed claims. (Signed by Judge Denise L. Cote on 2/8/2019) (gr)
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| Filing 130 PROPOSED STIPULATION AND ORDER. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
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Filing 129
ORDER: the parties shall meet and confer prior to the telephone conference scheduled for February 8, 2019 at 4:30 p.m in order to further narrow the parties dispute. (signed by Judge Denise L. Cote on 2/8/2019) (sk)
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| Filing 128 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated February 8, 2019 re: #125 LETTER MOTION for Conference regarding plaintiffs failure to comply with the Courts January 18, 2019 instructions to produce all outstanding discovery from Delaware and provide fully responsive interrogatory responses addressed to Judge Deni se L. Cote. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Kahn, Sherman) |
| Filing 127 LETTER MOTION for Discovery addressed to Judge Denise L. Cote from Faith Gay dated February 7, 2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Gay, Faith) |
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Filing 126
ORDER: On February 6, 2019, the defendant filed a letter requesting a conference with the Court regarding a discovery dispute. It is hereby ORDERED that a telephone conference is scheduled for February 8, 2019 at 4:30 p.m. Counsel for the defendant shall have all parties on the line and call chambers at 212-805-0202. (Signed by Judge Denise L. Cote on 2/7/2019) (gr)
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| Filing 125 LETTER MOTION for Conference regarding plaintiffs failure to comply with the Courts January 18, 2019 instructions to produce all outstanding discovery from Delaware and provide fully responsive interrogatory responses addressed to Judge Denise L. Cote from Faith Gay dated 02/06/2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gay, Faith) |
| Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/18/19 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...(McGuirk, Kelly) |
| Filing 123 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/18/2019 before Judge Denise L. Cote. Court Reporter/Transcriber: Steven Griffing, (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 2/19/2019. Redacted Transcript Deadline set for 3/1/2019. Release of Transcript Restriction set for 4/29/2019.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 1/18/2019. (Court Reporter Steve Griffing) (gr) |
| Filing 122 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated 1/17/2019 re: #119 LETTER MOTION for Conference regarding discovery dispute addressed to Judge Denise L. Cote from Faith Gay dated January 16, 2019. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kahn, Sherman) |
| Filing 121 ANSWER to #112 Counterclaim. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
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Filing 120
ORDER: On January 16, 2019, the defendant filed a letter requesting a conference with the Court regarding a discovery dispute. It is hereby ORDERED that a telephone conference is scheduled for January 18, 2019 at 5:00 p.m. Counsel for the defendant shall have all parties on the line and call chambers at 212-805-0202. (Signed by Judge Denise L. Cote on 1/16/2019) (gr)
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| Filing 119 LETTER MOTION for Conference regarding discovery dispute addressed to Judge Denise L. Cote from Faith Gay dated January 16, 2019. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gay, Faith) |
| Filing 118 ENDORSED LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated 12/21/2018 re: For an extension of time to file Response to Regeneron's Answer and Counterclaims from 1/2/2019 to 1/16/2019. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/21/2018) (gr) |
| Filing 117 FIRST LETTER MOTION for Extension of Time to File Response/Reply Regeneron's Answer and Counterclaims addressed to Judge Denise L. Cote from Sherman Kahn dated 12/21/2018. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 116 DECLARATION of Heinz Salmen (Corrected) in Support re: #113 Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 25, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28, #5 Exhibit 29, #6 Exhibit 30, #7 Exhibit 31, #8 Exhibit 32, #9 Exhibit 33, #10 Exhibit 34)(Kahn, Sherman) |
| Filing 115 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #116 Declaration) - AFFIRMATION in Support re: #113 Brief., DECLARATION in Support re: #113 Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 Exhibit 29, #4 Exhibit 30, #5 Exhibit 31, #6 Exhibit 32, #7 Exhibit 33, #8 Exhibit 34)(Kahn, Sherman) Modified on 12/21/2018 (db). |
| Filing 114 DECLARATION of Kathryn Calame, Ph.D. in Support re: #113 Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit)(Kahn, Sherman) |
| Filing 113 BRIEF Reply Claim Construction Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 112 ANSWER to #47 Amended Complaint,,,,, with JURY DEMAND., COUNTERCLAIM against Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 111 LETTER addressed to Judge Denise L. Cote from Irena Royzman dated November 30, 2018 re: oral argument on responsive Markman brief. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| Filing 110 DECLARATION of Michael Green, M.D., Ph.D. re: #108 Opposition Brief . Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Appx A Green CV, #2 Appx B Green Materials Relied Upon)(Royzman, Irena) |
| Filing 109 DECLARATION of Irena Royzman re: #108 Opposition Brief . Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - Calame Dep. Tr. Excerpts, #2 Exhibit 2 - Calame Dep. Ex. 15, #3 Exhibit 3 - Calame Dep. Ex. 16, #4 Exhibit 4 - Calame Dep. Ex. 18, #5 Exhibit 5 - Calame Dep. Ex. 19, #6 Exhibit 6 - Calame Dep. Ex. 23, #7 Exhibit 7 - U.S. Patent No. 5,688,688, #8 Exhibit 8 - Patent Appl. (8-10-94), Part 1 of 3, #9 Exhibit 8 - Patent Appl. (8-10-94), Part 2 of 3, #10 Exhibit 8 - Patent Appl. (8-10-94), Part 3 of 3, #11 Exhibit 9 - Corr. of Inventorship (3-27-95), #12 Exhibit 10 - Amendment (3-27-95), #13 Exhibit 11 - Rejection (6-5-95), #14 Exhibit 12 - Amendment (10-25-95), #15 Exhibit 13 - Rejection (4-24-96), #16 Exhibit 14 - Amendment (10-24-96), #17 Exhibit 15 - Allowance (1-8-97), #18 Exhibit 16 - Request for Re-Exam (4-25-06), #19 Exhibit 17 - Grant Re-Exam Request (6-14-06), #20 Exhibit 18 - Rejection (11-21-06), #21 Exhibit 19 - Amendment (1-22-07), #22 Exhibit 20 - Final Rejection (3-29-07), #23 Exhibit 21 - Amendment (5-29-07), #24 Exhibit 22 - Amendment (7-23-07), #25 Exhibit 23 - Intent to Issue (9-25-09), #26 Exhibit 24 - Re-Exam Certificate (12-22-09), #27 Exhibit 25 - Sodroski Report, #28 Exhibit 26 - Sodroski Dep. Tr., #29 Exhibit 27 - Random House Dictionary (1987), #30 Exhibit 28 - Hamer & Leder 1 (1979), #31 Exhibit 29 - Hamer & Leder 2 (1979), #32 Exhibit 30 - Lodish (1995), #33 Exhibit 31 - Mulligan & Berg (1980), #34 Exhibit 32 - Mulligan (1979), #35 Exhibit 33 - Munholland (1992), #36 Exhibit 34 - Murakami (1986), #37 Exhibit 35 - Myers (1981), #38 Exhibit 36 - Rio (1983), #39 Exhibit 37 - Spaete & Mocarski (1985))(Royzman, Irena) |
| Filing 108 OPPOSITION BRIEF re: #92 Brief - Regeneron's Responsive Markman Brief. Document filed by Regeneron Pharmaceuticals, Inc..(Royzman, Irena) |
| Filing 107 ANSWER to #96 Counterclaim. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
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Filing 106
ORDER....Novartis will produce the Delaware Litigation Claim Construction Documents according to the following terms: 1. No later than November 21, 2018,Novartis will produce to Regeneron written discovery documents generated by Novartis in the Delaware Litigation, any any exhibits attached to the Already Produced Documents, with the exception of the exhibits attached to the deposition transcript and expert reports of Delaware Litigation expert Dr. Michael Levine (the "Levin Exhibits"). 2. No later than November 23, 208 at 2:00 p.m., Novartis will produce to Regeneron the Levine Exhibits.3. No later than November 26, 2018, Novartis will produce to Regeneron all remaining Delaware Litigation Claim Construction Documents. 4. Novartis will serve a copy of this order by electronic mail on counsel for MedImmune. (Signed by Judge Denise L. Cote on 11/21/2018) (gr)
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| Filing 105 PROPOSED CONSENT ORDER. Document filed by Regeneron Pharmaceuticals, Inc.. (Wolfe, Gregory) |
| Filing 104 LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated 11/16/2018 re: Delaware Litigation Documents. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 11/15/2018. (Court Reporter Jerry Harrison) (gr) |
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Filing 103
ORDER:On November 5, 2018, the defendant filed a letter requesting a conference with the Court regarding a discovery dispute. On November 12, 2018, the plaintiffs filed a response letter. It is hereby ORDERED that a telephone conference is scheduled for November 15, 2018, at 3:00 p.m. Counsel for the defendant shall have all parties on the line and call chambers (Signed by Judge Denise L. Cote on 11/13/2018) (gr)
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Filing 101
ORDER GRANTING WITHDRAWAL OF COUNSEL FOR REGENERON PHARMACEUTICALS, INC.: Notice is hereby given that, pursuant to Rule 1.4 of the Local Rules for the United States District Courts for the Southern and Eastern Districts of New York, attorneys Donald R. Ware, Jeremy A. Younkin, and Richard Maidman are withdrawing from participation in this case and representation of Defendant Regeneron Pharmaceuticals, Inc. in this matter. The withdrawing attorneys request removal from the notice list in this case and acknowledge that this will result in both paper and electronic notices being discontinued. Faith Gay, David Els berg, and Greg Wolfe of Selendy & Gay PLLC and Irena Royzman, Andrew D. Cohen, and Joshua R. Stein of Patterson Belknap Webb & Tyler LLP shall continue to represent Defendant Regeneron Pharmaceuticals, Inc. in this matter, and should continue to receive all notices on behalf of Defendant Regeneron Pharmaceuticals, Inc. Based on the foregoing, and good cause appearing therefore, IT IS HEREBY ORDERED this 13th day of November, 2018 that attorneys Donald L. Ware, Jeremy A. Younkin, and Richard Maidman are terminated as counsel of record in this action. (Attorney Jeremy Younkin; Richard Henry Maidman and Donald R. Ware terminated. (Signed by Judge Denise L. Cote on 11/13/2018) (rro)
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Filing 100
ORDER granting #98 Plaintiffs' Letter Motion for Extension of Time to File its Reply Claim Construction Brief from 12/14/2018 to 12/20/2018. (Signed by Judge Denise L. Cote on 11/13/2018) (gr)
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| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 11/09/18 at Defendant's Counsel's Office was NOT held.(ah) |
| Filing 99 LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Sherman Kahn dated 11/12/2018 re: #91 LETTER MOTION for Conference regarding Novartis's failure to timely produce documents addressed to Judge Denise L. Cote from Faith Gay dated November 5, 2018. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1)(Kahn, Sherman) |
| Filing 98 LETTER MOTION for Extension of Time to file Reply Claim Construction Brief addressed to Judge Denise L. Cote from Sherman Kahn dated 11/9/2018. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 97 NOTICE OF APPEARANCE by Hui Liu on behalf of Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Liu, Hui) |
| Filing 96 ANSWER to #48 Amended Complaint,,,, with JURY DEMAND., COUNTERCLAIM against Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 95 NOTICE OF APPEARANCE by Daniel Joel Metzger on behalf of Regeneron Pharmaceuticals, Inc.. (Metzger, Daniel) |
| Filing 94 DECLARATION of Kathryn Calame in Support re: #92 Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kahn, Sherman) |
| Filing 93 DECLARATION of Heinz J. Salmen re: #92 Brief . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Kahn, Sherman) |
| Filing 92 BRIEF Opening Claim Construction Brief. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 91 LETTER MOTION for Conference regarding Novartis's failure to timely produce documents addressed to Judge Denise L. Cote from Faith Gay dated November 5, 2018. Document filed by Regeneron Pharmaceuticals, 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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Gay, Faith) |
| Filing 90 JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 89 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Regeneron Pharmaceuticals, Inc.. Related Document Number: #87 . (Ware, Donald) |
| Filing 88 DECLARATION of Donald R. Ware in Support re: #87 Letter. Document filed by Regeneron Pharmaceuticals, Inc.. (Ware, Donald) |
| Filing 87 LETTER addressed to Judge Denise L. Cote from Donald R. Ware dated November 2, 2018 re: withdrawal of attorneys. Document filed by Regeneron Pharmaceuticals, Inc..(Ware, Donald) |
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Filing 86
OPINION AND ORDER....Regeneron's August 3, 2018 motion to dismiss Novartis's claim for willful infringement is granted. (Signed by Judge Denise L. Cote on 10/24/2018) (gr)
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| Filing 85 NOTICE OF APPEARANCE by Joshua R. Stein on behalf of Regeneron Pharmaceuticals, Inc.. (Stein, Joshua) |
| Filing 84 NOTICE OF APPEARANCE by Andrew Darion Cohen on behalf of Regeneron Pharmaceuticals, Inc.. (Cohen, Andrew) |
| Filing 83 NOTICE OF APPEARANCE by Irena Royzman on behalf of Regeneron Pharmaceuticals, Inc.. (Royzman, Irena) |
| MEDIATOR SESSION SCHEDULED Mediation Session scheduled for 11/09/18, 10 A.M. at Defendant's Counsel's Office.(ah) |
| Mediator Session Held on 09/28/18 at Offices of Plaintiff's Counsel.(ah) |
| Filing 82 LETTER addressed to Judge Denise L. Cote from Greg Wolfe dated October 1, 2018 re: Technology Tutorial Materials. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wolfe, Gregory) |
| Filing 81 LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated October 1, 2018 re: Technology Tutorial Materials. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3, #4 Exhibit A, Part 4)(Kahn, Sherman) |
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Filing 80
ORDER: IT IS HEREBY ORDERED that the technology tutorial hearing scheduled for October 4, 2018 at 9:30 a.m. is cancelled. (Signed by Judge Denise L. Cote on 10/1/2018) (gr)
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| Set Hearing: Telephone Conference set for 10/1/2018 at 01:00 PM before Judge Denise L. Cote. (gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/1/2018. (gr) |
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Filing 79
ORDER granting #72 Letter Motion for Extension of Time for Regeneron's invalidity contentions to be served on plaintiff Novartis to 9/24/2018 at 12:00 PM. (Signed by Judge Denise L. Cote on 9/28/2018) (gr)
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| Filing 78 ENDORSED LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated 9/27/2018 re: Joint request for permission to bring into the courtroom the following equipment for use during ht technical tutorial. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 9/28/2018) (gr) |
| Filing 77 JOINT LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated September 27, 2018 re: Technology Tutorial. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 76 PROPOSED ORDER. Document filed by Regeneron Pharmaceuticals, Inc.. Related Document Number: [for the use of electrinic devices]. (Gay, Faith) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 75 LETTER addressed to Judge Denise L. Cote from Faith E. Gay dated September 26, 2018 re: Curriculum vitae of Edward Mocarski, Ph.D. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Curriculum Vitae of Regeneron's technology tutorial presenter Edward Mocarski, Ph.D)(Gay, Faith) |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Faith Gay re: Document #76 Proposed Order was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (km) |
| Filing 74 DECLARATION of Edward Mocarski, PH.D for Technology Tutorial. Document filed by Regeneron Pharmaceuticals, Inc.. (Wolfe, Gregory) |
| Filing 73 DECLARATION of Kathryn Calame, Ph.D. for Technology Tutorial. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kahn, Sherman) |
| Filing 72 LETTER MOTION for Extension of Time to serve Regeneron's invalidity contentions addressed to Judge Denise L. Cote from Greg Wolfe. Document filed by Regeneron Pharmaceuticals, Inc..(Wolfe, Gregory) |
| Filing 71 REPLY MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss Novartis's Claim of Willful Infringement. . Document filed by Regeneron Pharmaceuticals, Inc.. (Gay, Faith) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 09/28/2018, 10 A.M. at Plaintiff Counsel's Office (Mauriel Kapouytian Woods LLP).(ah) |
| Filing 70 MEMORANDUM OF LAW in Opposition re: #67 MOTION to Dismiss Novartis's Claim of Willful Infringement. . Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
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Filing 69
ORDER: On June 21, 2018, defendant filed a motion to dismiss the original complaint in this action pursuant to Rule 12(b)(6), Fed. R. Civ. P. An Order of June 27 directed the plaintiff to file any amended complaint by July 19 and alerted the plaintiff that it would likely not have another opportunity to amend. The plaintiff filed an amended complaint on July 19, thereby mooting the defendants June 21 motion. Defendants renewed their motion on August 2. It is hereby ORDERED that the plaintiff shall serve any opposition to the motion to dismiss by August 17, 2018. Defendants reply, if any, shall be served by August 24, 2018. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 08/03/2018) (mc)
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| Filing 68 MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss Novartis's Claim of Willful Infringement. . Document filed by Regeneron Pharmaceuticals, Inc.. (Gay, Faith) |
| Filing 67 MOTION to Dismiss Novartis's Claim of Willful Infringement. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) |
| Filing 66 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #68 Memorandum) - MOTION to Dismiss Novartis's Claim of Willful Infringement. Document filed by Regeneron Pharmaceuticals, Inc..(Gay, Faith) Modified on 8/6/2018 (db). |
| Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #67 Motion) - NOTICE of MOTION. Document filed by Regeneron Pharmaceuticals, Inc.. (Gay, Faith) Modified on 8/6/2018 (db). |
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Filing 64
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 7/31/2018) (gr)
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| Filing 63 LETTER addressed to Judge Denise L. Cote from Faith Gay dated July 31, 2018 re: proposed Protective Order. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order proposed Protective Order)(Gay, Faith) |
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Filing 62
ORDER: The parties to this case agree that a protective order should be issued, but disagree upon certain provisions. Upon consideration of the letters of July 25, 2018 regarding the disputed items in the protective order, the defendants views will be adopted, with one exception, and as further set out herein. (Signed by Judge Denise L. Cote on 07/27/2018) (mc)
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| Filing 61 LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated July 25, 2018 re: Plaintiffs' Proposed Protective Order. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kahn, Sherman) |
| Filing 60 LETTER addressed to Judge Denise L. Cote from Greg Wolfe dated July 25, 2018 re: Regeneron's proposed protective order. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wolfe, Gregory) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Sherman William Kahn to RE-FILE Document #59 LETTER MOTION for Leave to File Plaintiffs' Proposed Protective Order addressed to Judge Denise L. Cote from Sherman Kahn dated July 25, 2018. Use the event type Letter found under the event list Other Documents. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gregory Nathaniel Wolfe to RE-FILE Document #57 LETTER MOTION for Leave to File Regeneron's proposed protective order addressed to Judge Denise L. Cote from Greg Wolfe dated July 25, 2018. Use the event type Letter found under the event list Other Documents. (db) |
| Filing 59 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Plaintiffs' Proposed Protective Order addressed to Judge Denise L. Cote from Sherman Kahn dated July 25, 2018. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kahn, Sherman) Modified on 7/26/2018 (db). |
| Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/22/2018 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...(Siwik, Christine) |
| Filing 57 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Regeneron's proposed protective order addressed to Judge Denise L. Cote from Greg Wolfe dated July 25, 2018. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wolfe, Gregory) Modified on 7/26/2018 (db). |
| Filing 56 JOINT LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated July 25, 2018 re: Proposed Protective Order. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Kahn, Sherman) |
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Filing 55
STIPULATED ORDER ESTABLISHING PROTOCOL FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (Signed by Judge Denise L. Cote on 7/23/2018) (gr)
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/24/2018.(mf) |
| Filing 54 MEMO ENDORSEMENT on re: #51 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: Approved. The hearing shall be held October 4 at 9:30 a.m. (Status Conference set for 10/4/2018 at 09:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/23/2018) (rro) |
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time. The parties shall submit a proposed protective order with bolded inserts containing proposals, the parties may also submit two page letters, advocating for their formulations by 7/25 at 5:00 p.m. (Signed by Judge Denise L. Cote on 7/23/2018) (rro)
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| Filing 52 JOINT LETTER MOTION for Extension of Time and leave to file briefing on Protective Order addressed to Judge Denise L. Cote from Sherman Kahn dated July 20, 2018. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 51 JOINT LETTER addressed to Judge Denise L. Cote from Greg Wolfe dated July 20, 2018 re: joint proposal of the requested technology tutorial. Document filed by Regeneron Pharmaceuticals, Inc..(Wolfe, Gregory) |
| Filing 50 JOINT LETTER addressed to Judge Denise L. Cote from Sherman Kahn dated July 20, 2018 re: Proposed ESI Protocol. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Proposed ESI Protocol)(Kahn, Sherman) |
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Filing 49
ORDER: On June 21, 2018, defendant moved to dismiss the claim of willful infringement pursuant to Rule 12(b)(6), Fed. R. Civ. P. On July 19, plaintiff filed an amended complaint. Accordingly, it is hereby ORDERED that defendants June 21, 2018 motion to dismiss shall be terminated as moot. (Signed by Judge Denise L. Cote on 7/20/2018) (gr)
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| Filing 48 FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against Regeneron Pharmaceuticals, Inc. with JURY DEMAND.Document filed by Novartis Vaccines and Diagnostics, Inc., Grifols Worldwide Operations Limited, Novartis Pharma AG. Related document: #1 Complaint,,,,. (Attachments: #1 Exhibit A - U.S. Patent No. 5,688,688, #2 Exhibit B - Eylea Prescribing Information, #3 Exhibit C - Zaltrap Prescribing Information, #4 Exhibit D - Regeneron 2016 Form 10-K, #5 Exhibit E - Lucentis Prescribing Information, #6 Exhibit F - Lucentis FDA Approval Letter, #7 Exhibit G - Lucentis EMA Summary of Product Characteristics, #8 Exhibit H - Zaltrap EMA Summary of Production Characteristics, #9 Exhibit I - Regeneron 2017 Form 10-K, #10 Exhibit J - Regeneron-959 (Zaltrap) PTE, #11 Exhibit K - de Oliveira Dias Reference, #12 Exhibit L - U.S. Patent No. 7,070,959, #13 Exhibit M - Bebbington Reference, #14 Exhibit N - U.S. Patent No. 5,827,739, #15 Exhibit O - Regeneron-959 (Eylea) PTE (Part 1), #16 Exhibit O - Regeneron-959 (Eylea) PTE (Part 2), #17 Exhibit P - Bayer 2014 Annual Report, #18 Exhibit Q - Regeneron 2014 Form 10-K)(Kahn, Sherman) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sherman William Kahn to RE-FILE Document No. #47 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 47 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against All Defendants with JURY DEMAND.Document filed by Novartis Vaccines and Diagnostics, Inc., Grifols Worldwide Operations Limited, Novartis Pharma AG. Related document: #1 Complaint,,,,. (Attachments: #1 Exhibit A - U.S. Patent No. 5,688,688, #2 Exhibit B - Eylea Prescribing Information, #3 Exhibit C - Zaltrap Prescribing Information, #4 Exhibit D - Regeneron 2016 Form 10-K, #5 Exhibit E - Lucentis Prescribing Information, #6 Exhibit F - Lucentis FDA Approval Letter, #7 Exhibit G - Lucentis EMA Summary of Product Characteristics, #8 Exhibit H - Zaltrap EMA Summary of Production Characteristics, #9 Exhibit I - Regeneron 2017 Form 10-K, #10 Exhibit J - Regeneron-959 (Zaltrap) PTE, #11 Exhibit K - de Oliveira Dias Reference, #12 Exhibit L - U.S. Patent No. 7,070,959, #13 Exhibit M - Bebbington Reference, #14 Exhibit N - U.S. Patent No. 5,827,739, #15 Exhibit O - Regeneron-959 (Eylea) PTE (Part 1), #16 Exhibit O - Regeneron-959 (Eylea) PTE (Part 2), #17 Exhibit P - Bayer 2014 Annual Report, #18 Exhibit Q - Regeneron 2014 Form 10-K)(Kahn, Sherman) Modified on 7/20/2018 (pc). |
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Filing 46
ORDER granting #45 Letter Motion for Extension of Time to File the proposed Protective Order; proposed ESI Protocol; and technology tutorial proposal to July 20, 2018. (Signed by Judge Denise L. Cote on 7/13/2018) (gr)
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| Filing 45 LETTER MOTION for Extension of Time to File Proposed Protective Order, Proposed ESI Protocol, and Technology Tutorial Proposal addressed to Judge Denise L. Cote from Sherman W. Kahn dated July 12, 2018. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 44 NOTICE OF APPEARANCE by Gregory Nathaniel Wolfe on behalf of Regeneron Pharmaceuticals, Inc.. (Wolfe, Gregory) |
| Filing 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Sanofi S.A. for Regeneron Pharmaceuticals, Inc.. Document filed by Regeneron Pharmaceuticals, Inc..(Ware, Donald) |
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Filing 42
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program for a mediation to take place in September 2018. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. (Signed by Judge Denise L. Cote on 6/26/2018) (gr)
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Filing 41
PRETRIAL SCHEDULING ORDER ("Order"): As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on June 22, 2018, and as modified herein, the following schedule shall govern the further conduct of pretrial proceedings in this case:1.The parties shall comply with their Rule 26(a)(1), Fed. R. Civ. P., initial disclosure obligations by June 29, 2018. Plaintiffs shall include with their initial disclosures a detailed computation for each category of damages sought pursuant to Rule 26(a)(1)(A)(iii), Fed. R. Civ. P.2.The parties shall by July 13, 2018 present a proposal for a technology tutorial to take place in the Summer or early Fall of 2018.3.The parties shall jointly submit a draft ESI Protocol and Protective Order by July 13, 2018.4.Plaintiffs shall amend or respond to the defendants motion to dismiss by July 19, 2018. It is unlikely that plaintiffs will have a further opportunity to amend. If the plaintiffs oppose the motion, the defendants reply is due August 3, 2018. 5.This case will be referred to mediation, with mediation to take place in September 2018. 6.The defendants proposal for Markman proceedings is largely adopted. The Markman proceedings will use the following schedule (See Order)....7.All fact discovery must be completed by March 29, 2019..... 9.All expert discovery must be completed by June 28, 2019.10.......Any motion for summary judgment -Motion served by July 26, 2019-Opposition served by September 13-Reply served by October 4......11.In the event no motion is filed, the Joint Pretrial Order must be filed by August 2, 2019...... (Signed by Judge Denise L. Cote on 6/26/2018) (gr)
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| Set Deadline for any motion for summary judgment: Motion due by 7/26/2019. Opposition due by 9/13/2019. Reply due by 10/4/2019. (gr) |
| Transmission to Mediation Clerk. Transmitted re: #42 Mediation Referral Order to the Mediation Clerk for case processing. (gr) |
| Filing 40 LETTER MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Dismiss Complaint. addressed to Judge Denise L. Cote from Sherman Kahn dated June 26, 2018. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Donald R. Ware to RE-FILE Document #36 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 6/22/2018. (Court Reporter Steven Greenblum) (gr) |
| Filing 39 LETTER MOTION for Oral Argument addressed to Judge Denise L. Cote from David Elsberg dated June 21, 2018. Document filed by Regeneron Pharmaceuticals, Inc..(Ware, Donald) |
| Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss Complaint. . Document filed by Regeneron Pharmaceuticals, Inc.. (Ware, Donald) |
| Filing 37 MOTION to Dismiss Complaint. Document filed by Regeneron Pharmaceuticals, Inc..(Ware, Donald) |
| Filing 36 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Regeneron Pharmaceuticals, Inc..(Ware, Donald) Modified on 6/26/2018 (lb). |
| Filing 35 NOTICE OF APPEARANCE by Faith E. Gay on behalf of Regeneron Pharmaceuticals, Inc.. (Gay, Faith) |
| Filing 34 NOTICE OF APPEARANCE by David Lawrence Elsberg on behalf of Regeneron Pharmaceuticals, Inc.. (Elsberg, David) |
| Filing 33 NOTICE OF CHANGE OF ADDRESS by Richard Henry Maidman on behalf of Regeneron Pharmaceuticals, Inc.. New Address: Foley Hoag LLP, 155 Seaport Boulevard, Boston, MA, USA 02210, 617-832-3076. (Maidman, Richard) |
| Filing 32 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
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Filing 31
ORDER granting #29 Motion for Donald R. Ware to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 30
ORDER granting #28 Motion for Jeremy A. Younkin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Donald R. Ware to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15198087. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 29 MOTION for Donald R. Ware to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15198087. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Ware, Donald) |
| Filing 28 MOTION for Jeremy A. Younkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15189226. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit of Jeremy A. Younkin in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order)(Younkin, Jeremy) |
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Filing 27
ORDER granting #26 Defendant's Letter Motion for Extension of Time to respond to the complaint by June 21, 2018. (Signed by Judge Denise L. Cote on 6/12/2018) (gr)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Jeremy A. Younkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15189226. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 26 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Denise L. Cote from Richard Maidman dated 06/11/2018. Document filed by Regeneron Pharmaceuticals, Inc..(Maidman, Richard) |
| Filing 25 NOTICE OF APPEARANCE by Richard Henry Maidman on behalf of Regeneron Pharmaceuticals, Inc.. (Maidman, Richard) |
| Filing 24 AFFIDAVIT OF SERVICE. Regeneron Pharmaceuticals, Inc. served on 5/24/2018, answer due 6/14/2018. Service was accepted by Nora Dindyal (authorized to accept service). Document filed by Novartis Vaccines and Diagnostics, Inc.; Grifols Worldwide Operations Limited; Novartis Pharma AG. (Kahn, Sherman) |
| Filing 23 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 6/22/2018 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 3/27/2018) (gr) |
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Filing 22
AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/12) (jc)
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE OF WILLIAM A. RAKOCZY granting #20 Motion for William A. Rakoczy to Appear Pro Hac Vice. IT IS HEREBY ORDERED that 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. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/26/18) (yv)
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| Filing 20 MOTION for William A. Rakoczy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14853325. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit A - Certificates of Good Standing from Illinois/District of Columbia, #3 Text of Proposed Order Granting Admission Pro Hac Vice)(Rakoczy, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for William A. Rakoczy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14853325. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Kevin Nathaniel Fox. Please note that this is a reassignment of the designation only. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote, Patent Judge. Judge Vincent L. Briccetti is no longer assigned to the case. (jc) |
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE OF NEIL B. MCLAUGHLIN granting #14 Motion for Neil B. McLaughlin to Appear Pro Hac Vice. IT IS HEREBY ORDERED that 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. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/23/18) (yv)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE OF HEINZ J. SALEM granting #13 Motion for Heinz J. Salmen to Appear Pro Hac Vice. IT IS HEREBY ORDERED that 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. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/23/18) (yv)
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE OF MATTHEW V. ANDERSON granting #10 Motion for Matthew V. Anderson to Appear Pro Hac Vice. IT IS HEREBY ORDERED that 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. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/22/18) (yv)
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE OF LAUREN M. LESKO granting #11 Motion for Lauren M. Lesko to Appear Pro Hac Vice. IT IS HEREBY ORDERED that 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. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/22/18) (yv)
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE OF THOMAS H. EHRICH granting #12 Motion for Thomas H. Ehrich to Appear Pro Hac Vice. IT IS HEREBY ORDERED that 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. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/22/18) (yv)
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| Filing 14 MOTION for Neil McLaughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14842017. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit A - Certificate of Good Standing in Illinois, #3 Text of Proposed Order Granting Admission Pro Hac Vice)(McLaughlin, Neil) |
| Filing 13 MOTION for Heinz J. Salmen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14841887. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Salmen, Heinz) |
| Filing 12 MOTION for Thomas H. Ehrich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14841577. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit A - Certificate of Good Standing in Commonwealth of Massachusetts, #3 Text of Proposed Order Granting Admission Pro Hac Vice)(Ehrich, Thomas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Matthew V. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14837500. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for Lauren Lesko to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14837882. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Thomas H. Ehrich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14841577. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Neil McLaughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14842017. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Heinz J. Salmen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14841887. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 11 MOTION for Lauren Lesko to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14837882. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit A - Certificate of Good Standing from Illinois, #3 Text of Proposed Order Granting Admission Pro Hac Vice)(Lesko, Lauren) |
| Filing 10 MOTION for Matthew V. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14837500. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit A - Certificate of Good Standing from Illinois, #3 Text of Proposed Order Granting Admission Pro Hac Vice)(Anderson, Matthew) |
| Filing 9 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Regeneron Pharmaceuticals, Inc. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney herman William Kahn. The party information for the following party/parties has been modified: Novartis Vaccines and Diagnostics, Inc.; Novartis Pharma AG; Grifols Worldwide Operations Limited; Regeneron Pharmaceuticals, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sherman William Kahn. The following case opening statistical information was erroneously selected/entered: County code Westchester; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| Magistrate Judge Lisa M. Smith 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: #http://nysd.uscourts.gov/forms.php. (vf) |
| Case Designated ECF. (vf) |
| Case Eligible for Patent Pilot Program. (vf) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Grifols, S.A. for Grifols Worldwide Operations Limited. Document filed by Grifols Worldwide Operations Limited.(Kahn, Sherman) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG for Novartis Pharma AG. Document filed by Novartis Pharma AG.(Kahn, Sherman) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG, Corporate Parent Novartis Pharmaceuticals Corporation, Corporate Parent Novartis Pharma AG for Novartis Vaccines and Diagnostics, Inc.. Document filed by Novartis Vaccines and Diagnostics, Inc..(Kahn, Sherman) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Regeneron Pharmaceuticals, Inc., re: #1 Complaint,,,,. Document filed by Grifols Worldwide Operations Limited, Novartis Pharma AG, Novartis Vaccines and Diagnostics, Inc.. (Kahn, Sherman) |
| Filing 3 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Kahn, Sherman) |
| Filing 2 CIVIL COVER SHEET filed. (Kahn, Sherman) |
| Filing 1 COMPLAINT against Regeneron Pharmaceuticals, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14828963)Document filed by Novartis Vaccines and Diagnostics, Inc., Grifols Worldwide Operations Limited, Novartis Pharma AG. (Attachments: #1 Exhibit Exhibit A - US Patent No. 5,688,688, #2 Exhibit Exhibit B - Eylea Prescribing Information, #3 Exhibit Exhibit C - Zaltrap Prescribing Information, #4 Exhibit Exhibit D - Regeneron 2016 Form 10-K, #5 Exhibit Exhibit E - Lucentis Prescriging Information, #6 Exhibit Exhibit F - Lucentis FDA Approval Letter, #7 Exhibit Exhibit G - Lucentis EMA Summary of Product Characteristics, #8 Exhibit Exhibit H - Zaltrap EMA Summary of Product Characteristics, #9 Exhibit Exhibit I - Regeneron 2017 Form 10-K, #10 Exhibit Exhibit J - Regeneron-959 (Zaltrap) PTE, #11 Exhibit Exhibit K - de Oliveira Dias Reference, #12 Exhibit Exhibit L - US Patent No. 7,070,959, #13 Exhibit Exhibit M - Bebbington Reference, #14 Exhibit Exhibit N - US Patent No. 5,827,739, #15 Exhibit Exhibit O - Regeneron-959 (Eylea) PTE Part I, #16 Exhibit Exhibit O - Regeneron-959 (Eylea) PTE Part II)(Kahn, Sherman) |
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