Allele Biotechnology and Pharmaceuticals, Inc. v. Regeneron Pharmaceuticals, Inc.
| Allele Biotechnology and Pharmaceuticals, Inc. |
| Regeneron Pharmaceuticals, Inc. |
| 7:2020cv08255 |
| October 5, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 145
ORDER FOR ADMISSION PRO HAC VICE granting #144 MOTION for Maria A. Stubbings to Appear Pro Hac Vice. The motion of Maria A. Stubbings for admission to practice pro hac vice in the above-captioned action is granted. (Signed by Judge Philip M. Halpern on 10/23/2023) (jca)
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| Filing 144 MOTION for Maria A. Stubbings to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28455415. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Stubbings Declaration in Support of Motion for Pro Hac Vice Admission, #2 Exhibit A - Certificate of Good Standing Maryland, #3 Exhibit B - Certificate of Good Standing District of Columbia, #4 Proposed Order Text of Proposed Order).(Stubbings, Maria) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #144 MOTION for Maria A. Stubbings to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28455415. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 143
ELEVENTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed by April 29, 2022. All fact discovery shall be completed by February 15, 2023. Non-expert depositions shall be completed by February 15, 2023. Plaintiff shall serve and file an opening claim construction brief and all supporting evidence and testimony by September 7, 2022. Defendant shall serve and file a response to the opening claim construction brief (including on indefiniteness) and all supporting evidence and testimony by October 7, 2022. Plaintiff may serve and file a reply solely rebutting Defendant's response (including on indefiniteness) by October 21, 2022. Defendant may serve and file a surreply solely rebutting Defendant's reply by October 28, 2022. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. SO ORDERED. Expert Deposition due by 1/26/2024. Expert Discovery due by 1/26/2024. Discovery due by 1/26/2024. Case Management Conference set for 2/29/2024 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 10/4/2023) (tg)
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Filing 142
ORDER granting #141 Letter Motion for Extension of Time. Application granted. No further extensions to the discovery deadlines in this case will be granted. SO ORDERED.. (Signed by Judge Philip M. Halpern on 10/4/2023) (jca)
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| Filing 141 JOINT LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Michelle Ernst dated October 4, 2023. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Civil Discovery Plan and Scheduling Order).(Ernst, Michelle) |
| Set/Reset Deadlines: Expert Discovery due by 1/26/2024. (jca) |
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Filing 140
STIPULATION AND ORDER TO NARROW THE CASE: Plaintiff Allele Biotechnology and Pharmaceuticals, Inc. ("Allele") and Defendant Regeneron Pharmaceuticals, Inc. ("Regeneron") (collectively, "the Parties"), through their respective undersigned counsel, submit this Stipulation to Narrow the Case. 1. Allele brought this case, asserting that Regeneron has infringed claims 1-5 ("Asserted Claims") of U.S. Patent No. 10,221,221 ("the 221 Patent"). 2. Regeneron has asserted a number of defenses and counterclaims. 3. On December 5, 2022, this Court entered its Claim Construction Order (Dkt. 119) which, in addition to construing certain claim terms, addressed Regeneron's indefiniteness defense. As further set forth by this Order. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge Philip M. Halpern on 9/18/2023) (tg)
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| Filing 139 PROPOSED STIPULATION AND ORDER. Document filed by Regeneron Pharmaceuticals, Inc...(Ernst, Michelle) |
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Filing 138
TENTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge,including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. Deposition due by 12/1/2023. Expert Discovery due by 12/1/2023. Discovery due by 12/1/2023. Case Management Conference set for 1/29/2024 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 8/25/2023) (jca)
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Filing 137
ORDER granting #136 Letter Motion for Extension of Time. Application granted. The Court will separately docket an amended Scheduling Order. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/25/2023) (jca)
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| Filing 136 JOINT LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Michelle Ernst dated August 25, 2023. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Civil Discovery Plan and Scheduling Order).(Ernst, Michelle) |
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Filing 135
MEMO ENDORSEMENT granting #134 MOTION for Jacob T. Whitt to Withdraw as Attorney. ENDORSEMENT Application granted. SO ORDERED. Attorney Jacob Whitt terminated. (Signed by Judge Philip M. Halpern on 8/8/2023) (jca)
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| Filing 134 MOTION for Jacob T. Whitt to Withdraw as Attorney . Document filed by Regeneron Pharmaceuticals, Inc...(Ernst, Michelle) |
| Minute Entry for proceedings held before Judge Philip M. Halpern: Telephone Conference held on 07/26/2023. Counsel for all parties appeared by telephone. As stated on the record, the Court directed the parties to file a revised Stipulation and Proposed Order. (Court Reporter: AT&T Recording) (lnl) |
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Filing 133
MEMO ENDORSEMENT on re: #132 Proposed Stipulation and Order filed by Regeneron Pharmaceuticals, Inc.. ENDORSEMENT: The Court will hold a telephonic conference regarding the Stipulation and Proposed Order to Narrow the Case on July 26, 2023 at 2:30 p.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. SO ORDERED. ( Telephone Conference set for 7/26/2023 at 02:30 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 7/18/2023) (tg)
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| Filing 132 PROPOSED STIPULATION AND ORDER. Document filed by Regeneron Pharmaceuticals, Inc...(Ernst, Michelle) |
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Filing 131
MEMO ENDORSEMENT granting #130 MOTION for Michael Laing to Withdraw as Attorney. ENDORSEMENT Application granted. SO ORDERED. Attorney Michael Ryan Laing terminated. (Signed by Judge Philip M. Halpern on 6/29/2023) (jca)
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| Filing 130 MOTION for Michael Laing to Withdraw as Attorney . Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Hanewicz, Christopher) |
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Filing 129
NINTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: granting #128 Letter Motion for Extension of Time. This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge,including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. All expert discovery, including expert depositions, shall be completed by October 6, 2023. ALL DISCOVERY SHALL BE COMPLETED BY OCTOBER 6, 2023. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. The Magistrate Judge assigned to this case is the Honorable Andrew Krause. The next case management conference is scheduled for December 5, 2023 at 10:00 a.m. via telephone conference. At the time of the scheduled conference, all parties shall call: (888) 398-2342; access code: 3456831. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/17/2023) (ama)
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| Set/Reset Deadlines: ( Deposition due by 10/6/2023., Discovery due by 10/6/2023., Expert Discovery due by 10/6/2023.), Set/Reset Hearings:( Case Management Conference set for 12/5/2023 at 10:00 AM before Judge Philip M. Halpern.) (ama) |
| Filing 128 JOINT LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Michelle Ernst dated May 16, 2023. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Civil Discovery Plan and Scheduling Order).(Ernst, Michelle) |
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Filing 127
EIGHTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed by April 29, 2022. All fact discovery shall be completed by February 15, 2023. Non-expert depositions shall be completed by February 15, 2023. Plaintiff shall serve and file an opening claim construction brief and all supporting evidence and testimony by September 7, 2022. Defendant shall serve and file a response to the opening claim construction brief (including on indefiniteness) and all supporting evidence and testimony by October 7, 2022. Plaintiff may serve and file a reply solely rebutting Defendant's response (including on indefiniteness) by October 21, 2022. Defendant may serve and file a surreply solely rebutting Defendant's reply by October 28, 2022. At the time of the scheduled conference, all parties shall call: (888) 398-2342; access code: 3456831. SO ORDERED. Motions terminated: #126 JOINT LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Michelle Ernst dated April 5, 2023. filed by Regeneron Pharmaceuticals, Inc..(Expert Deposition due by 9/1/2023., Expert Discovery due by 9/1/2023., Discovery due by 9/1/2023. Estimate length of trial 5 days. Telephone Conference set for 10/19/2023 at 02:30 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 4/6/2023) (tg)
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| Filing 126 JOINT LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Michelle Ernst dated April 5, 2023. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Civil Discovery Plan and Scheduling Order).(Ernst, Michelle) |
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Filing 125
SEVENTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #124 Letter Motion for Extension of Time. This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. All fact discovery shall be completed by February 15, 2023. Non-expert depositions shall be completed by February 15, 2023. All expert discovery, including expert depositions, shall be completed by August 3, 2023. ALL DISCOVERY SHALL BE COMPLETED BY AUGUST 3, 2023. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. The next case management conference is scheduled for September 19, 2023 at 10:00 a.m.via telephone conference. At the time of the scheduled conference, all parties shall call: (888) 398-2342; access code: 3456831. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 2/8/2023) (jca)
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| Set/Reset Deadlines: (Deposition due by 8/3/2023., Discovery due by 8/3/2023., Expert Discovery due by 8/3/2023., Fact Discovery due by 2/15/2023.), Set/Reset Hearings: (Telephone Conference set for 9/19/2023 at 10:00 AM before Judge Philip M. Halpern.) (jca) |
| Filing 124 JOINT LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Michelle L. Ernst dated February 7, 2023. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Civil Discovery Plan and Scheduling Order).(Ernst, Michelle) |
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Filing 123
ORDER granting #120 LETTER MOTION to Seal Answer and Affirmative Defenses to Third Amended Complaint. Application granted. Defendant is granted leave to file Answer to the Third Amended Complaint (Doc. 121) under seal. The Clerk of the Court is respectfully directed to seal Doc. 121 and its attachments, permitting access only by the parties and the Court, but to retain the summary docket for the record. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 120. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/12/2022) (jca)
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| Filing 122 REDACTION to #121 Answer to Amended Complaint /Answer and Affirmative Defenses to Third Amended Complaint by Regeneron Pharmaceuticals, Inc..(Morin, Michael) |
| Filing 121 ***SELECTED PARTIES***ANSWER to #114 Amended Complaint,, with JURY DEMAND. Document filed by Regeneron Pharmaceuticals, Inc., Allele Biotechnology and Pharmaceuticals, Inc..Motion or Order to File Under Seal: #120 .(Morin, Michael) |
| Filing 120 LETTER MOTION to Seal Answer and Affirmative Defenses to Third Amended Complaint addressed to Judge Philip M. Halpern from Michael A. Morin dated December 12, 2022. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
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Filing 119
CLAIM CONSTRUCTION ORDER Accordingly, the Court construes "non-naturally occurring" in the context used in claims 1-5 as meaning different in amino acid sequence from a yellow/green fluorescent protein of the species Branchiostoma lanceolatum that is found 'as is' in nature." For the foregoing reasons, the Court construes the disputed terms as set forth hereinabove. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/5/2022) (jca)
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| Filing 118 TRANSCRIPT of Proceedings re: Oral argument/conference held on 11/21/2022 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2022. Redacted Transcript Deadline set for 12/30/2022. Release of Transcript Restriction set for 2/27/2023..(Ginsberg, Darby) |
| Filing 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral argument/conference proceeding held on 11/21/2022 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....(Ginsberg, Darby) |
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Filing 116
MEMO ENDORSEMENT granting #113 MOTION to Seal Third Amended Complaint. ENDORSEMENT Application granted. Plaintiff is granted leave to file the Third Amended Complaint (Doc. 114) under seal. The Clerk of the Court is respectfully directed to seal Doc. 114 and its attachments, permitting access only by the parties and the Court, but to retain the summary docket for the record. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 113. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/28/2022) (jca)
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| Filing 115 REDACTION to #114 Amended Complaint,, Motion to Seal #113 by Allele Biotechnology and Pharmaceuticals, Inc. (Attachments: #1 Exhibit A - 10,221,221 Patent, #2 Exhibit B - Hansen Article, #3 Exhibit C - Hansen Supplemental Article, #4 Exhibit D - Baum Article, #5 Exhibit E - Baum Supplemental Article, #6 Exhibit F - Yurkovetskiy Article, #7 Exhibit G - Hostettler Article).(Matthew, Thomas) |
| Filing 114 ***SELECTED PARTIES***THIRD AMENDED COMPLAINT amending #62 Amended Complaint, against Regeneron Pharmaceuticals, Inc. with JURY DEMAND.Document filed by Allele Biotechnology and Pharmaceuticals, Inc., Regeneron Pharmaceuticals, Inc.. Related document: #62 Amended Complaint,. (Attachments: #1 Exhibit A - 10,221,221 Patent, #2 Exhibit B - Hansen Article, #3 Exhibit C - Hansen Supplemental Article, #4 Exhibit D - Baum Article, #5 Exhibit E - Baum Supplemental Article, #6 Exhibit F - Yurkovetskiy Article, #7 Exhibit G - Hostettler Article)Motion or Order to File Under Seal: #113 .(Matthew, Thomas) |
| Filing 113 MOTION to Seal Third Amended Complaint. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Matthew, Thomas) |
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Filing 112
MEMO ENDORSEMENT on re: #110 LETTER MOTION for Leave to File Third Amended Complaint addressed to Judge Philip M. Halpern from Thomas V. Matthew dated 11/20/2022. LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Thomas V. Matthew dated 11/20/2022. filed by Allele Biotechnology and Pharmaceuticals, Inc. ENDORSEMENT Application granted. Plaintiff is granted leave to file a Third Amended Complaint. Defendant, having waived its right to move to dismiss, shall file its Answer 20 days after the Third Amended Complaint is filed. The deadline for fact discovery shall be extended to February 15, 2023. SO ORDERED. (Fact Discovery due by 2/15/2023.) (Signed by Judge Philip M. Halpern on 11/21/2022) (jca)
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Filing 111
SIXTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #110 Letter Motion for Leave to File Document; terminating #110 Letter Motion for Extension of Time. This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. All fact discovery shall be completed by February 15, 2023. Non-expert depositions shall be completed by February 15, 2023. ALL DISCOVERY SHALL BE COMPLETED BY 120 days after the entry of the Court's order ruling on claim construction. The next conference is scheduled for November 21, 2022 at 10:30 a.m. The conference scheduled previously for November 7, 2022 is cancelled. The November 21, 2022 conference shall be held in Courtroom 520 of the White Plains Courthouse. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 11/21/2022) (jca)
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| Minute Entry for proceedings held before Judge Philip M. Halpern: Oral Argument held on 11/21/2022. Counsel for all parties appeared in Courtroom 520. See Transcript. Order to follow. (Court Reporter Darby Ginsberg) (fc) |
| Set/Reset Deadlines: Deposition due by 2/15/2023. Fact Discovery due by 2/15/2023. (jca) |
| Filing 110 LETTER MOTION for Leave to File Third Amended Complaint addressed to Judge Philip M. Halpern from Thomas V. Matthew dated 11/20/2022., LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Thomas V. Matthew dated 11/20/2022. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Redacted Third Amended Complaint, #2 Exhibit B - Proposed Revised Scheduling Order).(Matthew, Thomas) |
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Filing 109
ORDER. On November 16, 2022, counsel for Defendant Regeneron Pharmaceuticals, Inc. wrote to the Court, with Plaintiff Allele Biotechnology and Pharmaceuticals, Inc.'s consent, requesting that each party be allotted up to 75 minutes for the claim construction hearing scheduled for November 21, 2022 at 10:30 a.m. That application is denied. The Court will endeavor to spend as much time as necessary to consider each partys position. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/17/22) (yv)
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Filing 108
MEMO ENDORSEMENT on re: #105 Notice (Other) filed by Allele Biotechnology and Pharmaceuticals, Inc. ENDORSEMENT: Application granted. Plaintiff and Defendant shall each have 25 minutes to present their arguments, along with any relevant technology background, on the disputed terms. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/16/2022) (jca)
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Filing 107
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #104 Motion for Will Orlady to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 11/3/2022) (vfr)
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Filing 106
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #103 Motion for Jacob T. Whitt to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 11/3/2022) (vfr)
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| Filing 105 NOTICE of Joint Proposed Agenda for Tutorial and Claim Construction Filing. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Hanewicz, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #103 MOTION for Jacob T. Whitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26895409. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #104 MOTION for Will Orlady to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26896217. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 104 MOTION for Will Orlady to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26896217. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration of Will Orlady in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Text of Proposed Order).(Orlady, Will) |
| Filing 103 MOTION for Jacob T. Whitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26895409. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Declaration of Jacob T. Whitt in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Text of Proposed Order).(Whitt, Jacob) |
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Filing 102
FIFTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #98 Letter Motion for Extension of Time. This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. All fact discovery shall be completed by December 15, 2022. Non-expert depositions shall be completed by December 15, 2022. ALL DISCOVERY SHALL BE COMPLETED BY 120 days after the entry of the Court's order ruling on claim construction. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. The next conference is scheduled for November 21, 2022 at 10:30 a.m. The conference scheduled previously for November 7, 2022 is cancelled. The November 21, 2022 conference shall be held in Courtroom 520 of the White Plains Courthouse. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 10/31/2022) (jca)
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| Set/Reset Deadlines: (Deposition due by 12/15/2022., Fact Discovery due by 12/15/2022.), Set/Reset Hearings: (Status Conference set for 11/21/2022 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (jca) |
| Filing 101 TRANSCRIPT of Proceedings re: Teleconference held on 4/7/2022 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. 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 11/18/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/26/2023..(Ginsberg, Darby) |
| Filing 100 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Teleconference proceeding held on 04/07/2022 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....(Ginsberg, Darby) |
| Filing 99 BRIEF re: #91 Brief, #87 Brief, #96 Brief // Regeneron Pharmaceuticals, Inc.'s Sur-Reply Claim Construction Brief. Document filed by Regeneron Pharmaceuticals, Inc...(Chow, Arlene) |
| Filing 98 JOINT LETTER MOTION for Extension of Time to Submit Joint Agenda in advance of the November 21, 2022 Conference addressed to Judge Philip M. Halpern from The Parties dated October 27, 2022. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Fifth Amended Civil Case Discovery Plan and Scheduling Order).(Matthew, Thomas) |
| Filing 97 DECLARATION of Elise S. Edlin re: #96 Brief in Support of Plaintiff Allele Biotechnology Pharmaceuticals, Inc.'s Claim Construction Reply Brief. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - 10/19/22 Excerpts of Jimenez Rough Dep. Tr., #2 Exhibit 2 - 10/5/22 Excerpts of Campbell Dep. Tr., #3 Exhibit 3 - 9/11/17 Response to Office Action, #4 Exhibit 4 - 9/25/15 Office Action, #5 Exhibit 5 - 3/24/16 Response to Office Action).(Edlin, Elise) |
| Filing 96 BRIEF re: #91 Brief, #87 Brief Plaintiff Allele Biotechnology Pharmaceuticals, Inc.'s Claim Construction Reply. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Edlin, Elise) |
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Filing 95
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #94 MOTION for Elise S. Edlin to Appear Pro Hac Vice. The Motion of Elise S. Edlin for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. *** The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 94. *** (Signed by Judge Philip M. Halpern on 10/20/2022) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #94 MOTION for Elise S. Edlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26827111. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 94 MOTION for Elise S. Edlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26827111. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Affidavit of Elise S. Edlin in Support, #2 Text of Proposed Order Proposed Order).(Edlin, Elise) |
| Filing 93 DECLARATION of Dr. Ralph Jimenez in Support re: #91 Brief. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - Jimenez CV, #2 Exhibit 2 - Zagranichny 2004, #3 Exhibit 3 - Kremers 2011, #4 Exhibit 4 - Lambert 2020, #5 Exhibit 5 - Shaner 2007, #6 Exhibit 6 - 221 FH excerpt, #7 Exhibit 7 - MH Dict. Isolate, #8 Exhibit 8 - Hawley's Dict. Isolation, #9 Exhibit 9 - Ai 2014, #10 Exhibit 10 - Cheng 2009, #11 Exhibit 11 - Ibraheem 2011, #12 Exhibit 12 - Adams 2002, #13 Exhibit 13 - Campbell 1997, #14 Exhibit 14 - US7906636, #15 Exhibit 15 - US7005511, #16 Exhibit 16 - US6852849, #17 Exhibit 17 - Jimenez 2004, #18 Exhibit 18 - Mukherjee 2022, #19 Exhibit 19 - Gross 2000, #20 Exhibit 20 - GenBank, #21 Exhibit 21 - Marletaz 2018, #22 Exhibit 22 - GenBank lanYFP).(Ernst, Michelle) |
| Filing 92 DECLARATION of Michelle L. Ernst in Support re: #91 Brief. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Deposition Excerpts).(Ernst, Michelle) |
| Filing 91 BRIEF re: #87 Brief // Regeneron Pharmaceuticals, Inc.'s Responsive Claim Construction Brief. Document filed by Regeneron Pharmaceuticals, Inc...(Ernst, Michelle) |
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Filing 90
FOURTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER:This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. ALL DISCOVERY SHALL BE COMPLETED BY 120 days after the entry of the Court's order ruling on claim construction. 19. The conference scheduled previously for November 7, 2022 is cancelled. 20. The November 21, 2022 conference shall be held in Courtroom 520 of the White Plains Courthouse. Deposition due by 12/15/2022. Fact Discovery due by 12/15/2022. Status Conference set for 11/21/2022 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 9/9/2022) (jca)
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Filing 89
ORDER granting in part #86 Letter Motion for Extension of Time. Application granted in part. The Fourth Amended Civil Case Discovery Plan and Scheduling Order shall be docketed separately. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 86. SO ORDERED.. (Signed by Judge Philip M. Halpern on 9/9/2022) (jca)
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| Filing 88 NOTICE of Declaration of Robert E. Campbell Regarding Claim Construction re: #87 Brief. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1: Campbell CV, #2 Exhibit 2: Joint Claim Construction Stmt, #3 Exhibit 3: 221 Patent, #4 Exhibit 4: 221 File History Excerpts, #5 Exhibit 5: Ai, Biochem J. 2006, #6 Exhibit 6: Baumann, Biology Direct 2008, #7 Exhibit 7: Campbell 2010 Fluorescent Reporter Proteins, #8 Exhibit 8: Dictionary of Genetics,, #9 Exhibit 9:US Patent No. 7,132,281 Hanson, #10 Exhibit 10: US Patent No. 7,166,444 Lukyanov, #11 Exhibit 11: Lukyanov, 2006, #12 Exhibit 12: US Patent App. 2014/0030808 Sahin, #13 Exhibit 13: US Patent No. 7,157.566 Tsien, #14 Exhibit 14: US Patent No. 6,800,733 Tsien, #15 Exhibit 15: US Patent App. 2010/0055751 Voladri, #16 Exhibit 16: US Patent App. 2012/0093737 Wang, #17 Exhibit 17: Webster Dictionary, #18 Exhibit 18: US Patent No. 7,687,614 Campbell, #19 Exhibit 19:US Patent App. 2009_0286314 Isrealsson).(Hanewicz, Christopher) |
| Filing 87 BRIEF Plaintiff's Opening Claim Construction Brief. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Hanewicz, Christopher) |
| Filing 86 JOINT LETTER MOTION for Extension of Time of certain claim construction deadlines addressed to Judge Philip M. Halpern from The Parties dated September 6, 2022. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Fourth Amended Civil Case Discovery Plan and Scheduling Order).(Ernst, Michelle) |
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Filing 85
THIRD AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. All expert discovery, including expert depositions, shall be completed within 120 days of the entry of the Courts order ruling on claim construction. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. Deposition due by 12/15/2022. Fact Discovery due by 12/15/2022. Status Conference set for 11/7/2022 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. 19. The November 7, 2022 conference shall be held in person in Courtroom 520 of the White Plains Courthouse. 20. The parties shall jointly file, on October 14, 2022, a proposed agenda for presenting the technology to the Court at the November 7, 2022 conference. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 8/31/2022) (jca)
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Filing 84
ORDER granting #83 Letter Motion for Extension of Time to Complete Discovery. Application granted. The Third Amended Civil Case Discovery Plan and Scheduling Order shall be docketed separately. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 83. SO ORDERED.. (Signed by Judge Philip M. Halpern on 8/31/2022) (kv)
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| Set/Reset Deadlines: Fact Discovery due by 12/15/2022. (kv) |
| Filing 83 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from The Parties dated August 30, 2022. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Third Amended Civil Case Discovery Plan and Scheduling Order).(Matthew, Thomas) |
| Filing 82 JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Hanewicz, Christopher) |
| Filing 81 JOINT LETTER addressed to Judge Philip M. Halpern from Christopher G. Hanewicz dated August 11, 2022 re: Settlement Discussions and Mediation. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Hanewicz, Christopher) |
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Filing 80
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Philip M. Halpern on 8/3/2022) (jca)
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Filing 79
SECOND AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): 1. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. All expert discovery, including expert depositions, shall be completed within 120 days of the entry of the Court's order ruling on claim construction. ALL DISCOVERY SHALL BE COMPLETED BY 120 days after the entry of the Court's order ruling on claim construction. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. 19. The November 7, 2022 conference will be held in person in Courtroom 520 of the White Plains Courthouse. 20. The parties shall jointly file, on October 14, 2022, a proposed agenda for presenting the technology to the Court at the November 7, 2022 conference Deposition due by 9/27/2022. Fact Discovery due by 9/27/2022. Status Conference set for 11/7/2022 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 7/29/2022) (jca)
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Filing 78
ORDER granting #77 Letter Motion for Extension of Time to Complete Discovery. Application granted. The Second Amended Civil Case Discovery Plan and Scheduling Order shall be docketed separately. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 77. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/29/2022) (jca)
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| Filing 77 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from Thomas V. Matthew dated July 28, 2022. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed Second Amended Civil Case Discovery Plan and Scheduling Order).(Matthew, Thomas) |
| Filing 76 PROPOSED PROTECTIVE ORDER. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Non Disclosure Agreement, #2 Exhibit B - Declaration to be Bound by Protective Order, #3 Exhibit C - Redline of the Proposed Confidentiality Agreement and Protective Order).(Matthew, Thomas) |
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Filing 75
ESI DISCOVERY ORDER: The parties agree to the following provisions regarding discovery of electronically stored information ("ESI") in this case. Except as expressly stated, nothing in this order affects the parties' discovery obligations under the Federal or Local Rules. E-mail production requests shall identify the custodian, search terms, and time frame. Each requesting party shall limit its e-mail production requests to a total of eight custodians and fifteen search terms for all such requests. The parties may jointly agree to modify these limits without the court's leave. A party shall only produce a single copy of a responsive document. Each party shall remove exact duplicate documents (i.e., documents with the same content) to reduce the unnecessary cost of reviewing and producing exact duplicate documents. Data shall be de-duplicated on a global level. Names of custodians of copies of files eliminated due to global deduplication shall be provided in the "Duplicate Custodian" field (see Paragraph 11 below) accompanying the original file. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 7/7/2022) (jca)
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| Filing 74 PROPOSED ORDER. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Hanewicz, Christopher) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #74 Proposed Order was reviewed and approved as to form. (tp) |
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Filing 73
FIRST AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): 1. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. All expert discovery, including expert depositions, shall be completed within 120 days of the entry of the Court's order ruling on claim construction. ALL DISCOVERY SHALL BE COMPLETED BY 120 days after the entry of the Court's order ruling on claim construction. The parties have conferred and their present best estimate of the length of the trial is 5 trial days. 19. The November 7, 2022 conference will be held in person in Courtroom 520 of the White Plains Courthouse. 20. The parties shall jointly file, on October 14, 2022, a proposed agenda for presenting the technology to the Court at the November 7, 2022 conference. Motions due by 9/7/2022. Responses due by 10/7/2022 Replies due by 10/14/2022. Deposition due by 9/27/2022. Fact Discovery due by 9/27/2022. Status Conference set for 11/7/2022 at 11:00 AM before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 6/22/2022) (jca)
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Filing 72
ORDER granting #71 Letter Motion for Extension of Time to Complete Discovery.Application granted. The time for the parties to complete fact discovery is extended to and including September 27, 2022. All other dates and deadlines set in the governing Civil Case Discovery Plan and Scheduling Order (Doc. 70) remain unchanged. The First Amended Civil Case Discovery Plan and Scheduling Order shall be docketed separately. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 71. SO ORDERED.. (Signed by Judge Philip M. Halpern on 6/22/2022) (jca)
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| Set/Reset Deadlines: Fact Discovery due by 9/27/2022. (jca) |
| Filing 71 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from Thomas V. Matthew dated June 21, 2022. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Proposed First Amended Civil Case Discovery Plan and Scheduling Order).(Matthew, Thomas) |
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Filing 70
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed by April 29, 2022. All fact discovery shall be completed by July 29, 2022. Non-expert depositions shall be completed by July 29, 2022. Plaintiff shall serve and file an opening claim construction brief and all supporting evidence and testimony by September 7, 2022. Defendant shall serve and file a response to the opening claim construction brief and all supporting evidence and testimony by October 7, 2022. Plaintiff may serve and file a reply solely rebutting Defendant's response by October 14, 2022. All expert discovery, including expert depositions, shall be completed within 120 days of the entry of the Court's order ruling on claim construction. ALL DISCOVERY SHALL BE COMPLETED BY 120 days after the entry of the Court's order ruling on claim construction. Motions due by 9/7/2022. Responses due by 10/7/2022 Replies due by 10/14/2022. Deposition due by 7/29/2022. Fact Discovery due by 7/29/2022. Status Conference set for 11/7/2022 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. The November 7, 2022 conference will be held in person in Courtroom 520 of the White Plains Courthouse. The parties shall jointly file, on October 14, 2022, a proposed agenda for presenting the technology to the Court atthe November 7, 2022 conference. (Signed by Judge Philip M. Halpern on 4/7/2022) (rro) Modified on 4/12/2022 (rro).
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| Minute Entry for proceedings held before Judge Philip M. Halpern: Initial Pretrial Telephone Conference held on 4/7/2022. Counsel for all parties appeared by telephone. The Civil Case Discovery Plan and Scheduling Order discussed at the conference shall be docketed separately. (fc) |
| Filing 69 PROPOSED SCHEDULING ORDER. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Matthew, Thomas) |
| Filing 68 ANSWER to #62 Amended Complaint, with JURY DEMAND. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 67 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on April 7, 2022 at 12:00 p.m., by telephone conference. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. PLAINTIFF, OR COUNSEL FOR PLAINTIFF, SHALL NOTIFY ALL PARTIES, IN WRITING, OF THE CONFERENCE DATE AND TIME, AND PROVIDE ALL PARTIES WITH A COPY OF THIS NOTICE AND THE ATTACHED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER (UNLESS THE CASE HAS BEEN REMOVED FROM STATE COURT, IN WHICH EVENT COUNSEL FOR THE REMOVING DEFENDANT(S) SHALLPROVIDE SUCH NOTICE TO ALL PARTIES). Initial Conference set for 4/7/2022 at 12:00 PM before Judge Philip M. Halpern. (ama) |
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Filing 66
ORDER denying #43 MOTION to Dismiss the Amended Complaint. For the reasons stated on the record and the law cited therein, Defendant's motion to dismiss the action under Federal Rule of Civil Procedure 12(b)(6) is DENIED. Defendant shall file its Answer on March 16, 2022. The Court shall hold an Initial Pretrial Conference by telephone at 12:00 p.m. on April 7, 2022. A Notice of Initial Conference shall be docketed shortly. The parties are directed to meet and confer regarding preparation of a Proposed Civil Case Discovery Plan and Scheduling Order in addition to potential pretrial resolution. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 43. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/2/2022) (jca)
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| Minute Entry for proceedings held before Judge Philip M. Halpern: Oral Argument held on 03/02/2022. Counsel for all parties appeared in Courtroom 520 and the Court heard oral argument on the pending motion to dismiss (Doc. 43). The Court DENIED Defendant's motion to dismiss and directed that its Answer be filed by 03/16/2022. See Transcript. Order to follow. (Court Reporter Sue Ghoreyab) (fc) |
| Set/Reset Hearings: Initial Conference set for 4/7/2022 at 12:00 PM before Judge Philip M. Halpern. (jca) |
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Filing 65
MEMO ENDORSEMENT granting #51 MOTION to Seal the Declaration of Martin Gilmore in Support of Plaintiff's Memorandum in Response to Defendant's Motion to Dismiss, as well as its attachments. ENDORSEMENT: Application granted. Plaintiff is granted leave to file the Declaration of Martin Gilmore in Support of Allele's Memorandum in Response to Defendant's Motion to Dismiss (Doc. 52) under seal. The Clerk of the Court is respectfully directed to seal Doc. 52 and its attachments, permitting access only by the parties and the Court, but to retain the summary docket for the record. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 51. SO ORDERED.. (Signed by Judge Philip M. Halpern on 2/28/2022) (jca)
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Filing 64
ORDER FOR ADMISSION PRO HAC VICE granting #63 Motion for David L. Anstaett 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. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 63.. (Signed by Judge Philip M. Halpern on 2/16/2022) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #63 MOTION for David L. Anstaett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25729943. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 63 MOTION for David L. Anstaett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25729943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Declaration of David L. Anstaett in Support with Attached Certificate of Good Standing, #2 Proposed Order).(Anstaett, David) |
| Filing 62 SECOND AMENDED COMPLAINT amending #29 Amended Complaint, against Regeneron Pharmaceuticals, Inc. with JURY DEMAND.Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. Related document: #29 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Gilmore, Martin) |
| Filing 61 JOINT STIPULATION OF PARTIAL DISMISSAL OF FIRST AMENDED COMPLAINT ALLEGATIONS WITHOUT PREJUDICE: Subject to the Court's approval, the parties jointly stipulate that the following allegations in Allele's First Amended Complaint (ECF 29) are dismissed without prejudice: portions of Paragraphs 28, 35, 53, 56, 58, and 59, as reflected in the attached Second Amended Complaint, attached as Exhibit A. The parties jointly request that the Court enter the attached Second Amended Complaint or, if the Court would prefer, Plaintiff will promptly file the Second Amended Complaint. The parties agree that the parties' briefing on Regeneron's Motion to Dismiss the Amended Complaint (ECF 43-53) is equally applicable to the Second Amended Complaint. Unless the Court adopts an alternate procedure, the parties jointly stipulate that said briefing be deemed so filed and applicable to Allele's Second Amended Complaint. Plaintiff is directed to file the Second Amended Complaint by 5:00 p.m. on January 18, 2022. The Court shall, based upon the parties' representation, adjudicate the pending motion to dismiss (Doc. 43) based upon the allegations in the Second Amended Amended Complaint. ( Amended Pleadings due by 1/18/2022.) (Signed by Judge Philip M. Halpern on 1/14/2022) (rro) |
| Filing 60 PROPOSED STIPULATION AND ORDER. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint).(Morin, Michael) |
| Filing 59 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint).(Morin, Michael) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/12/2022 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Morin, Michael to RE-FILE Document #59 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. Have attorneys sign (ink signatures) before re-filing. (dt) |
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Filing 58
ORDER granting #46 Letter Motion for Oral Argument. Oral argument has been scheduled on the pending motion to dismiss. The oral argument will be held on March 2, 2022 at 2:30 p.m. at the Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, New York 10601. The Court will advise the parties as to the specific courtroom before the appearance date. All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into that courthouse. On the day that you are due to arrive at the courthouse, click on the following weblink: https://app.certify.me/SDNYPublic. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used as the SDNY entry device at the courthouse entrance. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 46. (Signed by Judge Philip M. Halpern on 12/29/2021) (va)
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| Set/Reset Hearings: Oral Argument set for 3/2/2022 at 02:30 PM before Judge Philip M. Halpern. (va) |
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Filing 57
ORDER granting #54 CONSENT LETTER MOTION to Seal. Application granted. The Clerk of the Court is respectfully directed to seal Doc. 56-1, an attachment to Doc. 56, permitting access only by the parties and the Court, but retaining the summary docket text for the record. The Clerk of the Court is further respectfully directed to terminate the motion sequence pending at Doc. 54. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/14/2021) (jca)
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| Filing 56 ***SELECTED PARTIES***STATUS REPORT. Document filed by Regeneron Pharmaceuticals, Inc., Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Declaration)Motion or Order to File Under Seal: #54 .(Morin, Michael) |
| Filing 55 STATUS REPORT. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 54 CONSENT LETTER MOTION to Seal addressed to Judge Philip M. Halpern from Michael A. Morin dated December 13, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 53 CERTIFICATE OF SERVICE of (1) Plaintiff's Memorandum in Response to Defendant's Motion to Dismiss; and (2) the Declaration of Martin Gilmore in support of Plaintiff's Memorandum in Response to Defendant's Motion to Dismiss served on Defendant's Counsel on August 6, 2021. Service was made by E-Mail. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Gilmore, Martin) |
| Filing 52 ***SELECTED PARTIES***DECLARATION of Martin E. Gilmore in Opposition re: #43 MOTION to Dismiss the Amended Complaint.. Document filed by Allele Biotechnology and Pharmaceuticals, Inc., Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #51 .(Gilmore, Martin) |
| Filing 51 MOTION to Seal the Declaration of Martin Gilmore in Support of Plaintiff's Memorandum in Response to Defendant's Motion to Dismiss, as well as its attachments. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Gilmore, Martin) |
| Filing 50 STATUS REPORT. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 49 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Declaration of Michael A. Morin and accompanying exhibit, Memorandum of Law in Support of Defendant's Motion to Dismiss, Letter Motion for Oral Argument, and Reply in Support of Defendant's Motion to Dismiss served on Plaintiff Allele Biotechnology and Pharmaceuticals, Inc. on July 16, 2021 and August 20, 2021. Service was made by electronic mail. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 48 REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss the Amended Complaint. . Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 47 MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss the Amended Complaint. . Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Gilmore, Martin) |
| Filing 46 LETTER MOTION for Oral Argument addressed to Judge Philip M. Halpern from Michael A. Morin dated July 16, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 45 MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss the Amended Complaint. . Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 44 DECLARATION of Michael A. Morin in Support re: #43 MOTION to Dismiss the Amended Complaint.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - First Amended Complaint).(Morin, Michael) |
| Filing 43 MOTION to Dismiss the Amended Complaint. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 42 NOTICE OF APPEARANCE by James Tori Evans on behalf of Regeneron Pharmaceuticals, Inc...(Evans, James) |
| Filing 41 TRANSCRIPT of Proceedings re: Conference held on 6/15/2021 before Judge Philip M. Halpern. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027. 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 8/23/2021. Redacted Transcript Deadline set for 9/2/2021. Release of Transcript Restriction set for 11/1/2021..(Dente, Tabitha) |
| Filing 40 TRANSCRIPT of Proceedings re: Conference held on 6/15/2021 before Judge Philip M. Halpern. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027. 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 8/23/2021. Redacted Transcript Deadline set for 9/2/2021. Release of Transcript Restriction set for 11/1/2021..(Dente, Tabitha) |
| Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/15/2021 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....(Dente, Tabitha) |
| Filing 38 TRANSCRIPT of Proceedings re: Teleconference held on 6/15/2021 before Judge Philip M. Halpern. Court Reporter/Transcriber: Tabitha Dente, (914) 3904027. 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 8/13/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/21/2021..(Dente, Tabitha) |
| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Teleconference proceeding held on 6/15/2021 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....(Dente, Tabitha) |
| Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Conference held on June 15, 2021. Counsel for all parties appeared by telephone. As stated on the record, the parties are directed to meet and confer regarding the allegations in the First Amended Complaint of "'post-approval' uses and uses unrelated to FDA submission." (Doc. 30 at 4; FAC Paras. 34-38). The parties shall work collaboratively to engage in discovery limited to those issues and no others; and leave to conduct such limited discovery is granted. That limited discovery shall be completed August 20, 2021. As the parties engage in discovery, Defendant is granted leave to file and serve its contemplated motion to dismiss in accordance with the following schedule: (1) Defendant's moving papers shall be served, not filed, on July 16, 2021; (2) Plaintiff's opposition shall be served, not filed, on August 6, 2021; and (3) Defendant's reply shall be served on August 20, 2021. Defendant and Plaintiff shall file all motion documents on the reply date, August 20, 2021. The parties shall also file a joint letter of no more than two pages on August 20, 2021 concerning whether the issues for which discovery is permitted have been settled or discontinued. (gpb) |
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ORDER: Due to a scheduling conflict, the pre-motion conference scheduled for June 3, 2021 at 09:30 a.m. is adjourned to 12:15 p.m. on June 15, 2021. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code: 3456831. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (gpb)
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| Filing 36 LETTER addressed to Judge Philip M. Halpern from Michael Morin dated May 7, 2021 re: response to Notice of Supplemental Authority [ECF No. 42]. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 35 LETTER addressed to Judge Philip M. Halpern from Christopher G Hanewicz, Esq. dated 05/06/2021 re: Decision from the Southern District of California in Allele Biotechnology and Pharmaceutics, Inc. v. Pfizer, Inc. (Pfizer), Case No. 20-cv-01958-H-AGS (S.D. Cal. May 4, 2021). Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Attachment to Letter).(Hanewicz, Christopher) |
| Filing 34 NOTICE OF CHANGE OF ADDRESS by Michelle Ernst on behalf of Regeneron Pharmaceuticals, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200..(Ernst, Michelle) |
| Filing 33 NOTICE OF CHANGE OF ADDRESS by Arlene Lee Chow on behalf of Regeneron Pharmaceuticals, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200..(Chow, Arlene) |
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Filing 32
ORDER granting #30 LETTER MOTION for Conference /Pre-Motion Conference for permission to file a Motion to Dismiss addressed to Judge Philip M. Halpern from Michael Morin dated April 21, 2021. Application for pre-motion conference granted. The Court shall hold a telephonic pre-motion conference on June 3, 2021 at 9:30 a.m. At the time of the scheduled conference, all parties shall call: (888) 398-2342; access code: 3456831. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 30. SO ORDERED. Telephone Conference set for 6/3/2021 at 09:30 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 4/29/2021) (mml)
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| Filing 31 LETTER addressed to Judge Philip M. Halpern from Christopher G. Hanewicz dated April 28, 2021 re: Defendant Regeneron's request for a pre-motion conference for permission to file a Rule 12(b)(6) motion to dismiss. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Matthew, Thomas) |
| Filing 30 LETTER MOTION for Conference /Pre-Motion Conference for permission to file a Motion to Dismiss addressed to Judge Philip M. Halpern from Michael Morin dated April 21, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 29 FIRST AMENDED COMPLAINT amending #1 Complaint, against Regeneron Pharmaceuticals, Inc. with JURY DEMAND.Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Gilmore, Martin) |
| Filing 28 NOTICE OF APPEARANCE by Thomas Vincent Matthew on behalf of Allele Biotechnology and Pharmaceuticals, Inc...(Matthew, Thomas) |
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Filing 27
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #25 Motion for David P. Frazier 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 Philip M. Halpern on 3/10/2021) (kv)
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Filing 26
ORDER terminating #23 Letter Motion for Conference re: #23 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Martin E. Gilmore dated March 3, 2021. The exchange of letters between the parties, as outlined in Rule 4(C) of this Court's Individual Practices, does not stay the time to respond to the Complaint. The parties are directed to this Court's Individual Practices for the procedure following the exchange of letters. Defendant's time to answer or otherwise move with respect to the Complaint is extended to April 16, 2021. Accordingly, the Court will not schedule an initial conference until after April 16, 2021. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 23. SO ORDERED.. (Signed by Judge Philip M. Halpern on 3/10/2021) (ks)
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| Set/Reset Deadlines: Regeneron Pharmaceuticals, Inc. answer due 4/16/2021. (ks) |
| Filing 25 MOTION for David P. Frazier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24223158. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Declaration of David P. Frazier in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order).(Frazier, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for David P. Frazier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24223158. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 24 LETTER addressed to Judge Philip M. Halpern from Michael Morin dated March 8, 2021 re: compliance with Rule 4(C) of the Individual Practices in Civil Cases of the Honorable Philip M. Halpern. Document filed by Regeneron Pharmaceuticals, Inc...(Morin, Michael) |
| Filing 23 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Martin E. Gilmore dated March 3, 2021. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Gilmore, Martin) |
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Filing 22
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #21 MOTION for Michael A. Morin to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 2/11/2021) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Michael A. Morin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23880457. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 21 MOTION for Michael A. Morin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23880457. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Declaration of Michael A. Morin in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order).(Morin, Michael) |
| Filing 20 NOTICE OF APPEARANCE by Michelle Ernst on behalf of Regeneron Pharmaceuticals, Inc...(Ernst, Michelle) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer re #1 Complaint. Application granted. Defendant's time to answer or otherwise move with respect to the Complaint in accordance with this Court's Individual Practices is extended to March 8, 2021. The Clerk of the Court is respectfully directed to terminate the pending motion sequence at Doc. 18. SO ORDERED. Regeneron Pharmaceuticals, Inc. answer due 3/8/2021 (Signed by Judge Philip M. Halpern on 1/19/2021) (kv)
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| Filing 18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Philip M. Halpern from Arlene Lee Chow dated January 15, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Chow, Arlene) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Regeneron Pharmaceuticals, Inc...(Chow, Arlene) |
| Filing 16 NOTICE OF APPEARANCE by Arlene Lee Chow on behalf of Regeneron Pharmaceuticals, Inc...(Chow, Arlene) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Regeneron Pharmaceuticals, Inc. served on 12/31/2020, answer due 1/21/2021. Service was accepted by Michael Morin, Counsel for Defendant. Service was made by E-mail. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Gilmore, Martin) |
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Michael R. Laing to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 10/27/2020) (ks)
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| Filing 13 MOTION for Michael R. Laing to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22308245. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Affidavit Affidavit of Michael R. Laing in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing from Wisconsin, #3 Text of Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice).(Laing, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Michael R. Laing to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22308245. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Christopher G. Hanewicz to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 10/22/2020) (ks)
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| Filing 11 MOTION for Christopher G. Hanewicz to Appear Pro Hac Vice Filing Fee $200.00 receipt number ANYSDC 22247322. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Affidavit of Christopher Hanewicz, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Hanewicz, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Christopher G. Hanewicz to Appear Pro Hac Vice Filing Fee $200.00 receipt number ANYSDC 22247322. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Magistrate Judge Andrew E. Krause is so redesignated. (laq) |
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for Andrew T. Dufresne to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 10/14/2020) (ks)
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| Filing 9 MOTION for Andrew T. Dufresne to Appear Pro Hac Vice Filing Fee $200.00, receipt number ANYSDC-22080252. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order).(Dufresne, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Andrew T. Dufresne to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for Andrew T. Dufresne to Appear Pro Hac Vice Filing Fee $200.00, receipt number ANYSDC-22080252. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Pro Hac Vice Fee Payment: for #8 MOTION for Andrew T. Dufresne to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-22080252..(Dufresne, Andrew) |
| Filing 8 MOTION for Andrew T. Dufresne to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order).(Dufresne, Andrew) Modified on 10/8/2020 (bcu). Modified on 10/13/2020 (bcu). |
| Filing 7 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)..(jgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Regeneron Pharmaceuticals, Inc...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Martin Edward Gilmore, III. The following case opening statistical information was erroneously selected/entered: County code Westchester;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Case Eligible for Patent Pilot Program. (jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Regeneron Pharmaceuticals, Inc., re: #1 Complaint,. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Gilmore, Martin) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Allele Biotechnology and Pharmaceuticals, Inc...(Gilmore, Martin) |
| Filing 3 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Gilmore, Martin) |
| Filing 2 CIVIL COVER SHEET filed..(Gilmore, Martin) |
| Filing 1 COMPLAINT against Regeneron Pharmaceuticals, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21977517)Document filed by Allele Biotechnology and Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Gilmore, Martin) |
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| Search for this case: Allele Biotechnology and Pharmaceuticals, Inc. v. Regeneron Pharmaceuticals, Inc. | |
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| Plaintiff: Allele Biotechnology and Pharmaceuticals, Inc. | |
| Represented By: | Martin Edward Gilmore, III |
| Represented By: | Andrew Thomas Dufresne |
| Represented By: | Michael Ryan Laing |
| Represented By: | Christopher Hanewicz |
| Represented By: | David L. Anstaett |
| Represented By: | Elise Edlin |
| Represented By: | Maria Alice Stubbings |
| Represented By: | Thomas Vincent Matthew |
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| Defendant: Regeneron Pharmaceuticals, Inc. | |
| Represented By: | Arlene Lee Chow |
| Represented By: | David Frazier |
| Represented By: | Michael A. Morin |
| Represented By: | Jacob Whitt |
| Represented By: | James Tori Evans |
| Represented By: | Michelle Ernst |
| Represented By: | Will Orlady |
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