Sunovion Pharmaceuticals Inc. et al v. Barr Laboratories, Inc., et al
Plaintiff: UCB, Inc., UCB S.A. and Sunovion Pharmaceuticals Inc.
Defendant: Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o. and Barr Pharmaceuticals, Inc.
Consolidated Defendant: Sun Pharmaceutical Industries, Ltd., Synthon Pharmaceuticals, Inc., Synthon Laboratories, Inc., Sandoz, Inc., Synthon Holding B.V. and Synthon B.V.
Case Number: 5:2010md01500
Filed: July 30, 2008
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Malcolm J Howard
Nature of Suit: Patent
Cause of Action: 28:1338
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2012 Filing 396 STIPULATION of Dismissal by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Dean, James)
October 30, 2012 Opinion or Order Filing 395 ORDER granting #394 Motion for Extension of Time to File Stipulation of Dismissal. The parties have up to and including 12/14/2012, in which to file a stipulation of dismissal with prejudice in this case. Signed by Senior Judge Malcolm J. Howard on 10/30/2012. (Rudd, D.)
October 29, 2012 Motion Submitted to Senior District Judge Malcolm J. Howard: #394 MOTION for Extension of Time to File Stipulation of Dismissal. (Rudd, D.)
October 29, 2012 Filing 394 MOTION for Extension of Time to File Stipulation of Dismissal by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Dean, James)
September 25, 2012 Opinion or Order Filing 393 ORDER - The court has been advised that the parties have settled all matters in controversy among them. Therefore, this matter is DISMISSED, subject to the right of any party to file a motion to reopen the case should settlement not be consummated pursuant to the terms of the parties' settlement. The parties are directed to file their Stipulation of Dismissal With Prejudice on or before November 5, 2012. Signed by Senior Judge Malcolm J. Howard on 9/25/2012. (Rudd, D.)
September 17, 2012 Motion Submitted to Senior Judge Malcolm J. Howard: #392 Joint MOTION to Stay. (Rudd, D.)
September 10, 2012 Filing 392 Joint MOTION to Stay by Sandoz, Inc., Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
September 4, 2012 Motion Submitted to Senior Judge Malcolm J. Howard: #391 MOTION for Extension of Time to File Reply as to #387 Response. (Rudd, D.)
August 31, 2012 Filing 391 MOTION for Extension of Time to File Reply as to #387 Response by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Allen, F.)
August 24, 2012 Filing 390 NOTICE by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. regarding #389 PROPOSED SEALED Response, Plaintiffs' Notice of Provisionally Filing Under Seal Plaintiffs' Opposition to Sandoz Inc.'s Objections to Magistrate Judge Webb's July 13, 2012 Order [DE-384] (Dean, James)
August 24, 2012 Filing 389 PROPOSED SEALED RESPONSE (Selected Participants Only)by James A. Dean (available to: Consol Defendant Sandoz, Inc., Plaintiffs Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.) regarding #384 Order on Motion for Leave to File. (Dean, James)
August 13, 2012 Motion Submitted to Senior Judge Malcolm J. Howard: #388 MOTION for Extension of Time to File Response as to #387 Response. (Rudd, D.)
August 11, 2012 Filing 388 MOTION for Extension of Time to File Response as to #387 Response by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. (Attachments: #1 Text of Proposed Order) (Dean, James)
July 27, 2012 Filing 387 RESPONSE to Order regarding #384 Order on Motion for Leave to File (Objections To Magistrate Judge Webb's July 13, 2012 Order) filed by Sandoz, Inc. (Allen, F.)
July 19, 2012 Opinion or Order Filing 386 ORDER granting #385 Motion to Seal Document. Signed by Magistrate Judge William A. Webb on 7/19/2012. (Rudd, D.)
July 18, 2012 MOTION REFERRED to Magistrate Judge William A. Webb: #385 MOTION to Seal Document #380 PROPOSED SEALED Memorandum in Support. (Rudd, D.)
July 13, 2012 Filing 385 MOTION to Seal Document #380 PROPOSED SEALED Memorandum in Support, by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
July 13, 2012 Opinion or Order Filing 384 ORDER denying #373 Motion for Leave to File. Signed by Magistrate Judge William A. Webb on 7/13/2012. (Rudd, D.)
July 11, 2012 Filing 383 RESPONSE by Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc. regarding #380 PROPOSED SEALED Memorandum in Support, (Plaintiff's Supplemental Brief). (Allen, F.)
July 6, 2012 Filing 382 CORRECTED PROPOSED SEALED Memorandum in Support (Selected Participants Only)by W. Andrew Copenhaver (available to: Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc., Counter Defendants Sunovion Pharmaceuticals Inc., Sunovion Pharmaceuticals Inc., Plaintiff Sunovion Pharmaceuticals Inc.) regarding #381 Notice-(other),. (Attachments: #1 Exhibit A - Sandoz 017484-017554, #2 Exhibit B - Atrazeneca v. Apotex) (Copenhaver, W.)
July 6, 2012 Filing 381 NOTICE by Sunovion Pharmaceuticals Inc. regarding #380 PROPOSED SEALED Memorandum in Support, Plaintiffs' Notice of Provisionally Filing Under Seal Plaintiffs' Supplemental Memorandum of Law Regarding Sandoz's Request for Leave to File an Additional Summary Judgment Motion in Response to the Court's Order of June 19, 2012 (Copenhaver, W.)
July 6, 2012 Opinion or Order Filing 380 SEALED Memorandum in Support (Selected Participants Only)by W. Andrew Copenhaver (available to: Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimants Sandoz, Inc., Synthon B.V., Counter Defendant Sunovion Pharmaceuticals Inc., Plaintiff Sunovion Pharmaceuticals Inc.). (Attachments: #1 Exhibit A -- SANDOZ 017484-017554, #2 Exhibit B -- Astrazeneca v. Apotex Corp.) (Copenhaver, W.) Modified on 7/19/2012 to seal per order entered by Judge Webb at #386 on 7/19/2012. (Rudd, D.)
July 6, 2012 Filing 379 Memorandum in Support regarding #373 MOTION for Leave to File Motion For Summary Judgment Of NonInfringement, #378 Order, Supplemental Brief Pursuant to Order of 6/19/12, filed by Sandoz, Inc.. (Allen, F.)
June 19, 2012 Opinion or Order Filing 378 ORDER regarding #373 MOTION for Leave to File Motion For Summary Judgment Of NonInfringement filed by Sandoz, Inc. The supplemental briefs should be submitted to the Court no later than 12:00 p.m. on Friday, July 6, 2012. The undersigned will thereafter consider whether a hearing on the motion is warranted. Counsel should read order in its entirety for critical information and deadlines. Signed by Magistrate Judge William A. Webb on 6/19/2012. (Rudd, D.)
June 14, 2012 MOTION REFERRED to Magistrate Judge William Webb: #373 MOTION for Leave to File Motion For Summary Judgment Of NonInfringement. (Rudd, D.)
May 7, 2012 Filing 377 REPLY to Response to Motion re #373 MOTION for Leave to File Motion For Summary Judgment Of NonInfringement filed by Sandoz, Inc.. (Allen, F.)
April 20, 2012 Filing 376 Memorandum in Opposition re #373 MOTION for Leave to File Motion For Summary Judgment Of NonInfringement filed by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit 1 - Carolina Power & Light Co. v. 3M Co.) (Dean, James)
April 9, 2012 Filing 375 NOTICE of Appearance for non-district by F. Hill Allen, IV on behalf of Sandoz, Inc. (Allen, F.)
March 30, 2012 Filing 374 Memorandum in Support re #373 MOTION for Leave to File Motion For Summary Judgment Of NonInfringement filed by Sandoz, Inc.. (Attachments: #1 Exhibit 1 - Motion For Summary Judgment Of NonInfringement, Memo In Support and Exhibits (Part I), #2 Exhibit 1 - Motion For Summary Judgment Of NonInfringement, Memo In Support and Exhibits (Part II), #3 Exhibit 1 - Motion For Summary Judgment Of NonInfringement, Memo In Support and Exhibits (Part III), #4 Exhibit 2 - AZ v. Apotex (Fed. Cir. 2012), #5 Exhibit 3 - 2/24/11 Ltr from Woodcock (FDA) to Trainor re: response to Citizen Petition) (Allen, F.)
March 30, 2012 Filing 373 MOTION for Leave to File Motion For Summary Judgment Of NonInfringement by Sandoz, Inc.. (Allen, F.)
September 13, 2011 Filing 372 NOTICE by Sandoz, Inc. OF CHANGE OF FIRM AFFILIATION AND RELATED CONTACT INFORMATION (Allen, F.)
September 1, 2011 Opinion or Order Filing 371 ORDER denying #275 PROPOSED Sealed Motion to Dismiss and VACATES the December 3, 2010 order extending the thirty-month stay of FDA approval. Counsel should read order in its entirety. Signed by Senior Judge Malcolm J. Howard on 9/1/2011. (Heath, D.)
August 10, 2011 Opinion or Order Filing 370 ORDER granting #367 Motion to Seal Defendants' Supplemental Memorandum. Signed by Senior Judge Malcolm J. Howard on 8/10/2011. (Heath, D.)
August 10, 2011 Opinion or Order Filing 369 ORDER granting #364 Motion to Seal Plaintiffs' Supplemental Memorandum. Signed by Senior Judge Malcolm J. Howard on 8/10/2011. (Heath, D.)
June 24, 2011 Filing 368 STIPULATION of Dismissal by Sunovion Pharmaceuticals Inc., Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc., UCB S.A., UCB, Inc.. (Morris, Robert)
May 26, 2011 Motions Submitted to Senior Judge Malcolm J. Howard: #364 MOTION to Seal #363 PROPOSED SEALED Memorandum and #367 MOTION to Seal Document #366 PROPOSED SEALED Memorandum. (Heath, D.)
May 25, 2011 Filing 367 MOTION to Seal Document #366 PROPOSED SEALED Memorandum in Support by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
May 25, 2011 Filing 366 **SEALED PER ORDER OF SENIOR JUDGE MALCOLM J. HOWARD 8/10/2011, DE #370** SEALED Memorandum in Support by Consol Defendant Sandoz, Inc. re #304 PROPOSED SEALED Document. (Allen, F.) Modified on 8/10/2011 to reflect entry as SEALED. (Heath, D.).
May 25, 2011 Filing 365 NOTICE by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #363 PROPOSED SEALED Memorandum in Support, Plaintiffs' Notice of Provisionally Filing Under Seal Plaintiffs' Supplemental Memorandum of Law Regarding Subject Matter Jurisdiction in Response to the Court's Order of May 5, 2011 (Copenhaver, W.)
May 25, 2011 Filing 364 MOTION to Seal #363 PROPOSED SEALED Memorandum in Support, by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Copenhaver, W.)
May 25, 2011 Filing 363 **SEALED PER ORDER OF SENIOR JUDGE MALCOLM J. HOWARD 8/10/2011 DE #369** SEALED Memorandum in Support by Plaintiffs Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re Order. (Attachments: #1 Exhibit 1 - Astrazeneca Pharmaceuticals LP v. Aurobindo Pharma Limited, #2 Exhibit 2 - Marion Merrell Dow, Inc. v. Hoechst-Roussel Pharmaceuticals, Inc.) (Copenhaver, W.) Modified on 8/10/2011 to reflect entry as SEALED. (Heath, D.).
May 5, 2011 Opinion or Order ORAL ORDER - The signature date on the order entered May 4, 2011 by Senior Judge Malcolm J. Howard should have reflected May 4, 2011 rather than May 5, 2011. Signed by Senior Judge Malcolm J. Howard on 5/5/2011. (Heath, D.)
May 4, 2011 Opinion or Order Filing 362 ORDER - The Court finds that additional briefing would be beneficial to the Court's resolution of Sandoz's motion to dismiss. Accordingly, the Court directs each of the parties to submit on or before May 25, 2011 a supplemental memorandum not exceeding fifteen pages in length addressing the aforesaid issues and any related caselaw or regulations applicable to the issue of the Court's jurisdiction over this action. Signed by Senior Judge Malcolm J. Howard on 5/4/2011. (Heath, D.)
May 3, 2011 Motions Submitted to Senior Judge Malcolm J. Howard: #316 MOTION for Summary Judgment of Non-Infringement of Claims 2, 7 and 9 of U.S. Patent No. 5,698,558 and #314 MOTION for Summary Judgment of Invalidity of Claims 1, 2, 7 and 9 of U.S. Patent No. 5,698,588. (Heath, D.)
April 15, 2011 Filing 361 NOTICE by Sandoz, Inc. re #304 PROPOSED SEALED Document,,,, Notice of Filing of New Evidence/Supplemental Authority in Support of Sandoz's Objections to Memorandum & Recommendation/Order (Attachments: #1 Exhibit FDA decision issued Feb. 24, 2011 denying UCB's Citizen Petition re: ANDAs for generic levocetirizine, #2 Exhibit FDA Website Printout re: Glenmark Generics Inc. (ANDA no. 90-385), #3 Exhibit FDA Website Printout re: Dr. Reddy's Labs. Ltd. (ANDA no. 90-392)) (Allen, F.)
April 11, 2011 Filing 360 Document: Compact Disc Containing Exhibit A to Plaintiff's Opposition to Synthon's Motion's for Summary Judgment. Note: Hard copy of CD placed on shelf in break room. (Heath, D.)
April 7, 2011 Filing 359 NOTICE by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. Designation of Secured Leave Period (Dean, James)
April 7, 2011 Opinion or Order Filing 358 ORDER granting #355 Motion to Seal. Signed by Magistrate Judge William A. Webb on 4/7/2011. (Heath, D.)
April 6, 2011 MOTION REFERRED: #355 MOTION to Seal #348 PROPOSED SEALED Reply, #349 PROPOSED SEALED Reply, #351 PROPOSED SEALED Document, #353 PROPOSED SEALED Reply. Motion referred to Magistrate Judge William A. Webb. (Heath, D.)
April 6, 2011 Opinion or Order Filing 357 ORDER granting #332 Motion for Leave to File; granting #333 Motion for Leave to File; granting #337 Motion to Seal; granting #337 Motion to Seal Document ; granting #342 Motion to Seal Document ; granting #343 Motion to Seal Document. Signed by Magistrate Judge William A. Webb on 4/6/2011. (Heath, D.)
April 5, 2011 Filing 356 Memorandum in Support re #355 MOTION to Seal #348 PROPOSED SEALED Reply, #349 PROPOSED SEALED Reply, #351 PROPOSED SEALED Document,,,,, #353 PROPOSED SEALED Reply Plaintiffs' Motion to Seal Defendant Synthon's Summary Judgment Reply Briefs and Certain Exhibits MOTION to Seal #348 PROPOSED SEALED Reply, #349 PROPOSED SEALED Reply, #351 PROPOSED SEALED Document,,,,, #353 PROPOSED SEALED Reply Plaintiffs' Motion to Seal Defendant Synthon's Summary Judgment Reply Briefs and Certain Exhibits filed by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Dean, James)
April 5, 2011 Filing 355 MOTION to Seal #348 PROPOSED SEALED Reply, #349 PROPOSED SEALED Reply, #351 PROPOSED SEALED Document,,,,, #353 PROPOSED SEALED Reply Plaintiffs' Motion to Seal Defendant Synthon's Summary Judgment Reply Briefs and Certain Exhibits by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Dean, James)
April 4, 2011 MOTIONS REFERRED: #332 MOTION for Leave to File Manually Exhibit A, #337 MOTION to Seal, #333 Consent MOTION for Leave to File Manually Exhibit A, #342 MOTION to Seal Document, #343 MOTION to Seal Document. Motions referred to Magistrate Judge William A. Webb. (Heath, D.)
April 4, 2011 Motion Submitted: **NOTE** MEMORANDUM AND RECOMMENDATION PREVIOUSLY SUBMITTED TO CHAMBERS 2/8/2011. #297 MEMORANDUM AND RECOMMENDATION re #275 PROPOSED SEALED MOTION by Consolidated Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consolidated Counter Claimant Sandoz, Inc. filed by Sandoz, Inc., #254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY forwarded to Senior Judge Malcolm J. Howard. (Heath, D.)
March 29, 2011 Filing 354 NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. of Filing Provisionally Under Seal of Corrected Reply Brief in Support of Motion for Summary Judgment of Invalidity [DE 353] (Morris, Robert)
March 29, 2011 Filing 353 **SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/7/2011** SEALED REPLY by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. re #334 PROPOSED SEALED Response,. (Morris, Robert) Modified on 4/7/2011 to add sealing language. (Heath, D.).
March 29, 2011 Filing 352 NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. of Filing of Reply Briefs in Support of Motions for Summary Judgment [DE 348, 349] Provisionally Under Seal (Morris, Robert)
March 29, 2011 Filing 351 **PARTIALLY SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/7/2011** SEALED Document: Notice of Filing of Portions of Supplemental Appendix to Motions for Summary Judgment (Reply Briefs) Provisionally Under Seal by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exh. 47 - Plaintiffs' Disclosure of Asserted Claims and Preliminary Infringement Contentions, #2 Exhibit Exh. 48 - Plaintiffs' Response to First Set of Interrogatories (Nos. 1- 18) by the Synthon Defendants, #3 Exhibit Exh. 49 - Plaintiffs' Corrected Response to First Set of Interrogatories (Nos. 1-18) by the Synthon Defendants, #4 Exhibit Exh. 50 - Excerpts from Hindmarch Expert Report, #5 Exhibit Exh. 51 - Excerpts from Blaiss Rebuttal Expert Report, #6 Exhibit Exh. 52 - Excerpts from Gillard Deposition Testimony, #7 Exhibit Exh. 53 - Excerpts from Christophe Deposition Testimony, #8 Exhibit Exh. 55 - Excerpts from Baltes Deposition Testimony, #9 Exhibit Exh. 56 - UCB Report - Influence of ucb P071 and its Enantiomers (Irwin Test), #10 Exhibit Exh. 57 - UCB Report - General Behavioural Effects and Antihistimanic Activity of ucb P071 and its Enantiomers, #11 Exhibit Exh. 58 - UCB Report - Influence of ucb P071 and its Enantiomers (Irwin Test), #12 Exhibit Exh. 59 - Excerpts from Gelfand Rebuttal Expert Report, #13 Exhibit Exh. 60 - Excerpts from Leysen Rebuttal Expert Report) (Morris, Robert) Modified on 4/7/2011 to add sealing language. (Heath, D.).
March 29, 2011 Filing 350 NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. - Supplemental Appendix in Support of Motions for Summary Judgment (Reply Briefs) (Attachments: #1 Exhibit Exh. 43 - Shamsi, et al. (2001), #2 Exhibit Exh. 44 - Simons, et al. (1996), #3 Exhibit Exh. 45 - Simons, et al. (1995), #4 Exhibit 46 - Volkerts, et al. (1992), #5 Exhibit Exh. 54 - U.S. Patent No. 6,274,171) (Morris, Robert)
March 29, 2011 Filing 349 **SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/7/2011** SEALED REPLY by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. re #335 PROPOSED SEALED Response,. (Morris, Robert) Modified on 4/7/2011 to add sealing language. (Heath, D.).
March 29, 2011 Filing 348 **SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/7/2011** SEALED REPLY by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. re #334 PROPOSED SEALED Response,. (Morris, Robert) Modified on 4/7/2011 to add sealing language. (Heath, D.).
March 24, 2011 Filing 347 NOTICE by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #335 PROPOSED SEALED Response, Notice of Corrections to Plaintiffs' Opposition to Defendant Synthon's Motion for Partial Summary Judgment of Non-Infringement of Claims 2, 7, and 9 of U.S. Patent No. 5,698,558 (Dean, James)
March 23, 2011 Opinion or Order Filing 346 ORDER granting #345 Motion for Extension of Time to File Response/Reply The consent motion for extension of time for defendant Synthon to file replies in support of motions for summary judgment [DE-345] is hereby GRANTED. The time for Synthon to file its replies in support of its motions for summary judgment is accordingly extended to March 29, 2011. Signed by Magistrate Judge William A. Webb on 3/23/2011. (Leisten, J)
March 22, 2011 Filing 345 Consent MOTION for Extension of Time to File Response/Reply in Support of Motions for Summary Judgment [DE 314, 316] by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morris, Robert)
March 16, 2011 Filing 344 Memorandum in Support re #343 MOTION to Seal Document (Exhibit AA to Plaintiffs' Oppositions to Synthon's Motions for Summary Judgment (filed at [DE 339])) (Unopposed) MOTION to Seal Document (Exhibit AA to Plaintiffs' Oppositions to Synthon's Motions for Summary Judgment (filed at [DE 339])) (Unopposed) filed by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Morris, Robert)
March 16, 2011 Filing 343 MOTION to Seal Document (Exhibit AA to Plaintiffs' Oppositions to Synthon's Motions for Summary Judgment (filed at [DE 339])) (Unopposed) by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morris, Robert)
March 15, 2011 Filing 342 MOTION to Seal Document #336 PROPOSED SEALED Exhibit,,, #335 PROPOSED SEALED Response, #334 PROPOSED SEALED Response, Unopposed Motion to Seal Plaintiffs' Summary Judgment Opposition Briefs and Certain Exhibits by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Dean, James)
March 9, 2011 Filing 341 NOTICE by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #335 PROPOSED SEALED Response, #334 PROPOSED SEALED Response, Exhibits to Plaintiffs' Oppositions to Synthon's Motions for Summary Judgment (Attachments: #1 Exhibit A - Hindmarch Cannes Speech (filed manually), #2 Exhibit B - Hindmarch, "Drugs in the Workplace," from http://www.rcpi.ie/Faculties/ Faculty of Occupational Medicine Downloads/Ian Hindmarch.pdf, #3 Exhibit C - Ramaekers et al., Effects of loratadine and cetirizine on actual driving and psychometric test performance, and EEG during driving, Eur J Clin Pharmacol (1992) 42:363-369, #4 Exhibit D - Hindmarch, Comparing the Safety Consequences of Newer Antihistamines, Adv Stu Med (2004) 4:S501-S507, #5 Exhibit H - Hindmarch, CNS effects of antihistamines: is there a third generation of non-sedative drugs?, Clin Exp All Rev (2002) 2:26-31, #6 Exhibit I - Falliers et al., Double-blind comparison of cetirizine and placebo in the treatment of seasonal rhinitis, Annals of Allergy 66:257-262 (1991), #7 Exhibit L - Verster et al., Acute and subchronic effects of levocetirizine and diphenhydramine on memory functioning, psychomotor performance, and mood, J Allergy Clin Immunol (2003) 111(3):623-627, #8 Exhibit N - Hindmarch & Shamsi, Antihistamines: models to assess sedative properties, assessment of sedation, safety and other side effects, Clin Exp Allergy (1999) 29(S3):133-142, #9 Exhibit O - Gandon & Allain, Lack of effect of single and repeated doses of levocetirizine, a new antihistamine drug, on cognitive and psychomotor functions in healthy volunteers, Br J Clin Pharmacol (2002) 54:51-58, #10 Exhibit P - Verster et al., Driving ability after acute and sub-chronic administration of levocetirizine and diphenhydramine: a randomized, double-blind, placebo-controlled trial, Psychopharm (2003) 169:84-90, #11 Exhibit Q - Nicholson & Turner, Central Effects of the H1-Antihistamine, Cetirizine, Aviat Space Environ Med (1998) 69:166-171, #12 Exhibit R - Lehman & Blaiss, Selecting the Optimal Oral Antihistamine for Patients with Allergic Rhinitis, Drugs (2006) 66(16):2309-2319, #13 Exhibit S - Christophe et al., Histamine H1 receptor antagonism by cetirizine in isolated guinea pig tissues: influence of receptor reserve and dissociation kinetics, Eur J Pharmacol (2003) 470:87-94, #14 Exhibit W - Nicholson et al., Sedation and histamine H1-receptor antagonism: studies in man with the enantiomers of chlorpheniramine and dimethindene, Br J Pharmacol, 104:270-276 (1991), #15 Exhibit Z - Christophe et al., Time course of the relaxation induced with levocetirizine, cetirizine, and dextrocetirizine on the isolated guinea pig trachea stimulated with histamine, World Allergy Congress 2005 poster, #16 Exhibit BB - Josee E. Leysen et al., Comparative Study of Central and Peripheral Histamine-H1 Receptor Binding In Vitro and Ex Vivo of Non-Sedating Antihistamines and of Nobertastine, as New Agent, Drug Dev Res (1991) 22:165-178, #17 Exhibit CC - Cover to patent application for '558 patent) (Dean, James)
March 9, 2011 Filing 340 NOTICE by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #339 PROPOSED SEALED Exhibit,, Notice of Provisional Filing Under Seal Exhibits M, U, X and AA to Plaintiffs Oppositions to Synthon's Motions for Summary Judgment (Dean, James)
March 9, 2011 Filing 339 **SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/6/2011** SEALED Exhibit by Counter Defendants Sunovion Pharmaceuticals Inc., Sunovion Pharmaceuticals Inc., UCB S.A., UCB S.A., UCB S.A., UCB, Inc., UCB, Inc., UCB, Inc., Plaintiffs Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #335 PROPOSED SEALED Response, #334 PROPOSED SEALED Response,. (Attachments: #1 Exhibit M - Excerpts from Deposition Transcript of Ian Hindmarch, #2 Exhibit U - Excerpts from Deposition Transcript of Erwin Gelfand, #3 Exhibit X - Excerpts from Deposition Transcript of Josee Leysen, #4 Exhibit AA - Synthon August 2007 Emails) (Dean, James) Modified on 4/6/2011 to add sealing language. (Heath, D.).
March 9, 2011 Filing 338 PROPOSED SEALED Memorandum in Support by Counter Defendants Sunovion Pharmaceuticals Inc., Sunovion Pharmaceuticals Inc., UCB S.A., UCB S.A., UCB S.A., UCB, Inc., UCB, Inc., UCB, Inc., Plaintiffs Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #337 MOTION to Seal #336 PROPOSED SEALED Exhibit,,, #335 PROPOSED SEALED Response, #334 PROPOSED SEALED Response, MOTION to Seal Document. (Dean, James)
March 9, 2011 Filing 337 MOTION to Seal #336 PROPOSED SEALED Exhibit,,, #335 PROPOSED SEALED Response, #334 PROPOSED SEALED Response,, MOTION to Seal Document by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Dean, James)
March 9, 2011 Filing 336 **SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/6/2011** SEALED Exhibit by Counter Defendants Sunovion Pharmaceuticals Inc., Sunovion Pharmaceuticals Inc., UCB S.A., UCB S.A., UCB S.A., UCB, Inc., UCB, Inc., UCB, Inc., Plaintiffs Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #335 PROPOSED SEALED Response, #334 PROPOSED SEALED Response,. (Attachments: #1 Exhibit E - Expert Report of Christopher Lipinski, #2 Exhibit F - Expert Report of Michael S. Blaiss, M.D., #3 Exhibit G - Rebuttal Report of Christopher Lipinski, #4 Exhibit J - Rebuttal Expert Report of Professor Garry M. Walsh, #5 Exhibit K - Rebuttal Expert Report of Michael S. Blaiss, M.D., #6 Exhibit T - Gillard simulation of brain H1 receptor occupancy, #7 Exhibit V - Excerpts from Deposition Transcript of Bernard Christophe, #8 Exhibit Y - Expert Report of Michel Gillard, #9 Exhibit DD - Expert Report on Xyzal Commercial Success, Walter H.A. Vandaele, Ph.D.) (Dean, James) Modified on 4/6/2011 to add sealing language. (Heath, D.).
March 9, 2011 Filing 335 **SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/6/2011** SEALED RESPONSE by Counter Defendants Sunovion Pharmaceuticals Inc., Sunovion Pharmaceuticals Inc., UCB S.A., UCB S.A., UCB S.A., UCB, Inc., UCB, Inc., UCB, Inc., Plaintiffs Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #316 MOTION for Summary Judgment of Non-Infringement of Claims 2, 7 and 9 of U.S. Patent No. 5,698,558. (Dean, James) Modified on 4/6/2011 to add sealing language. (Heath, D.).
March 9, 2011 Filing 334 **SEALED PER ORDER OF MAGISTRATE JUDGE WILLIAM A. WEBB 4/6/2011** SEALED RESPONSE by Counter Defendants Sunovion Pharmaceuticals Inc., Sunovion Pharmaceuticals Inc., UCB S.A., UCB S.A., UCB S.A., UCB, Inc., UCB, Inc., UCB, Inc., Plaintiffs Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc. re #314 MOTION for Summary Judgment of Invalidity of Claims 1, 2, 7 and 9 of U.S. Patent No. 5,698,588. (Dean, James) Modified on 4/6/2011 to add sealing language. (Heath, D.).
March 9, 2011 Filing 333 Consent MOTION for Leave to File Manually Exhibit A to Plaintiffs' Opposition to Synthon's Motions for Summary Judgment Pursuant to Section L(3)(a) of the Electronic Case Filing Administrative Policies and Procedures Manual by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Dean, James)
March 9, 2011 Motions No Longer Referred: #332 MOTION for Leave to File Manually. Motion will be held to allow for the 21 day response period. (Heath, D.)
March 9, 2011 MOTIONS REFERRED: #332 MOTION for Leave to File Manually Exhibit A to Plaintiffs' Opposition to Synthon's Motions for Summary Judgment Pursuant to Section L(3)(a) of the Electronic Case Filing Administrative Policies and Procedures Manual forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
March 8, 2011 Filing 332 MOTION for Leave to File Manually Exhibit A to Plaintiffs' Opposition to Synthon's Motions for Summary Judgment Pursuant to Section L(3)(a) of the Electronic Case Filing Administrative Policies and Procedures Manual by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Dean, James)
March 1, 2011 Opinion or Order Filing 331 ORDER granting #330 Motion for Extension of Time to File Response. Responses due by 3/9/2011. Signed by Dennis P. Iavarone, Clerk of Court on 2/28/2011. (Heath, D.)
February 28, 2011 MOTIONS REFERRED: #330 Consent MOTION for Extension of Time to File forwarded to the Clerk for consideration. Motions referred to Dennis P. Iavarone, Clerk of Court. (Heath, D.)
February 25, 2011 Filing 330 Consent MOTION for Extension of Time to File Response/Reply as to #316 MOTION for Summary Judgment of Non-Infringement of Claims 2, 7 and 9 of U.S. Patent No. 5,698,558, #314 MOTION for Summary Judgment of Invalidity of Claims 1, 2, 7 and 9 of U.S. Patent No. 5,698,588 by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Attachment 1 - Proposed Order) (Dean, James)
February 16, 2011 Opinion or Order Filing 329 ORDER granting #327 Motion to Seal Documents #317 : It is therefore ORDERED that Defendant Synthons Memorandum in Support of Motion for Summary Judgment of Invalidity [DE-315], Defendant Synthons Memorandum in Support of Motion for Summary Judgment of Non-Infringement [DE-317], and the following exhibits: 2, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 22, 23, 27, 40, 41, 42 [DE-321, 322 & 325] be sealed. Signed by US Magistrate Judge William A. Webb on 2/16/2011. (Lee, L.)
February 15, 2011 MOTIONS REFERRED: #327 MOTION to Seal Document #317 PROPOSED SEALED Memorandum in Support, #325 PROPOSED SEALED Document, #322 PROPOSED SEALED Document,,, #315 PROPOSED SEALED Memorandum in Support, #321 Notice-(other), Notice-(other), Notice-(other), Notice-(other) forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
February 14, 2011 Filing 328 Memorandum in Support re #327 MOTION to Seal Document #317 PROPOSED SEALED Memorandum in Support, #325 PROPOSED SEALED Document, #322 PROPOSED SEALED Document,,, #315 PROPOSED SEALED Memorandum in Support, #321 Notice-(other), Notice-(other), Notice-(other), Notice-(other) MOTION to Seal Document #317 PROPOSED SEALED Memorandum in Support, #325 PROPOSED SEALED Document, #322 PROPOSED SEALED Document,,, #315 PROPOSED SEALED Memorandum in Support, #321 Notice-(other), Notice-(other), Notice-(other), Notice-(other) filed by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Dean, James)
February 14, 2011 Filing 327 MOTION to Seal Document #317 PROPOSED SEALED Memorandum in Support, #325 PROPOSED SEALED Document, #322 PROPOSED SEALED Document,,, #315 PROPOSED SEALED Memorandum in Support, #321 Notice-(other), Notice-(other), Notice-(other), Notice-(other) by Sunovion Pharmaceuticals Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Dean, James)
February 14, 2011 Filing 326 NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. of Filing Provisionally Under Seal of Corrected Exhibit 40 in Support of Motions for Summary Judgment (Morris, Robert)
February 14, 2011 Filing 325 SEALED Document: Defendant Synthon's Notice of Filing of Corrected Exhibit 40 in Support of Motions for Summary Judgment by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exh. 40 (corrected) - Excerpts from Vandaele Deposition) (Morris, Robert) Modified on 2/16/2011 TO REFLECT ENTRY AS SEALED PER ORDER OF JUDGE WEBB 2/16/2011. (Lee, L.).
February 10, 2011 Filing 324 NOTICE by James L. Gale re #39 Order Appointing Mediator (Gale, James)
February 9, 2011 Case manager changed the plaintiff's name to reflect "Sunovion Pharmaceuticals Inc." in cases 5:10-md-1500-H3; 5:08-cv-179-H3; 4:08-cv-89-H3 and 5:08-cv-247-H3. (Heath, D.)
February 9, 2011 Opinion or Order Filing 323 ORDER - approving the parties stipulation regarding name change of plaintiff Sepracor, Inc. to Sunovion Pharmaceuticals Inc. For good cause shown, the parties' stipulation is approved. Signed by US Magistrate Judge William A. Webb on 2/9/2011. (Heath, D.)
February 8, 2011 Notice of Electronic Filing regenerated for DE#321 reflecting entry as sealed. (Heath, D.)
February 7, 2011 Filing 322 SEALED Document: Notice of Filing of Portions of Appendix to Motions for Summary Judgment Provisionally Under Seal (Part 2) by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Exh. 22 - Excerpts from Gelfand Rebuttal Expert Report, #2 Exhibit Exh. 23 - Observational Study in Children with Allergic Rhinitis, #3 Exhibit Exh. 27 - Xyzal Compass Full Report, #4 Exhibit Exh. 27 (cont.) - Xyzal Compass Full Report, #5 Exhibit Exh. 38 - Excerpts from Lipinski Expert Report, #6 Exhibit Exh. 40 - Excerpts from Vandaele Deposition, #7 Exhibit Exh. 41 - Excerpts from Walsh Deposition, #8 Exhibit Exh. 42 - Excerpts from Lipinski Rebuttal Expert Report) (Morris, Robert) Modified on 2/16/2011 TO REFLECT ENTRY AS SEALED PER ORDER OF JUDGE WEBB 2/16/2011. (Lee, L.).
February 7, 2011 Filing 321 SEALED DOCUMENT - NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. of Filing of Portions of Appendix to Motions for Summary Judgment Provisionally Under Seal (Attachments: #1 Exhibit Exh. 2 - Gray Deposition Excerpts, #2 Exhibit Exh. 8 - Christophe Deposition Excerpts, #3 Exhibit Exh. 9 - Lipinski Deposition Excerpts, #4 Exhibit Exh. 11 - UCB Documents citing Hindmarch Study, #5 Exhibit Exh. 13 - Blaiss Deposition Excerpts, #6 Exhibit Exh. 14 - Excerpts from Gelfand Expert Report, #7 Exhibit Exh. 15 - Excerpts from Hindmarch Expert Report, #8 Exhibit Exh. 16 - De Vos Deposition Excerpts, #9 Exhibit Exh. 17 - Excerpts from Hindmarch Rebuttal Expert Report, #10 Exhibit Exh. 18 - Excerpts from Blaiss Expert Report, #11 Exhibit Exh. 19 - Excerpts from UCB A431 Clinical Trial Study Report) (Morris, Robert) Modified on 2/8/2011 to seal entry (Heath, D.). Modified on 2/16/2011 TO REFLECT ENTRY AS SEALED PER ORDER OF JUDGE WEBB 2/16/2011. (Lee, L.).
February 7, 2011 Filing 320 NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. - Appendix in Support of Motions for Summary Judgment (Part 2) (Attachments: #1 Exhibit Exh. 20 - Bachert, et al., #2 Exhibit Exh. 21 - De Vos, et al., #3 Exhibit Exh. 24 - Jorissen, et al., #4 Exhibit Exh. 25 - Tzanetos, et al., #5 Exhibit Exh. 26 - Clinicaltrials.gov Information on Tzanetos Study, #6 Exhibit Exh. 28 - Joint Claim Construction Statement, #7 Exhibit Exh. 29 - Ariens, #8 Exhibit Exh. 30 - U.K. Patent Application No. GB 2 225 321 A by Cossement, #9 Exhibit Exh. 31 - Separating Mirror Molecules for Better Drugs, NY Times (2-12-1992), #10 Exhibit Exh. 32 - U.S. Patent No. 4,252,358 (Baltes), #11 Exhibit Exh. 33 - Sepracor Using Expertise to Make More Potent Drugs, Worchester Telegram Gazette (5-28-1991), #12 Exhibit Exh. 34 - Splitting Hairs: Molecular Maneuver Aims for Better Drugs, Drug Topics (8-3-1992), #13 Exhibit Exh. 35 - FDA's Policy for Development of New Stereoisomeric Drugs, Chirality (1992), #14 Exhibit Exh. 36 - DeCamp, #15 Exhibit Exh. 37 - Xyzal label from Physicians' Desk Reference, #16 Exhibit Exh. 39 - Zyrtec label from Physicians' Desk Reference) (Morris, Robert)
February 7, 2011 Filing 319 NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. - Appendix in Support of Motions for Summary Judgment (Attachments: #1 Exhibit Exh. 1 - U.S. Patent No. 5,698,558, #2 Exhibit Exh. 3 - Excerpts From Prosecution History of U.S. Patent No. 5,627,183 - Original Claims, #3 Exhibit Exh. 4 - Excerpts from Prosecution History of U.S. Patent No. 5,698,558 - Rejection of Claims (2-3-1995), #4 Exhibit Exh. 5 - Sepracor 1991 Annual Report, #5 Exhibit Exh. 6 - Excerpts from Prosecution History of U.S. Patent No. 5,698,558 - Preliminary Amendment (1-27-1997), #6 Exhibit Exh. 7 - Excerpts from Prosecution History of U.S. Patent No. 5,698,558 - Notice of Allowance, #7 Exhibit Exh. 10 - Hindmarch, et al., #8 Exhibit Exh. 12 - Excerpts from Synthon's Proposed Labeling for ANDA Product) (Morris, Robert)
February 7, 2011 Filing 318 NOTICE by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. of Filing of Briefs in Support of Motions for Summary Judgment [DE 315, 317] Provisionally Under Seal (Morris, Robert)
February 7, 2011 Filing 317 SEALED Memorandum in Support by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. re #316 MOTION for Summary Judgment of Non-Infringement of Claims 2, 7 and 9 of U.S. Patent No. 5,698,558. (Morris, Robert) Modified on 2/16/2011 TO REFLECT ENTRY AS SEALED PER ORDER OF JUDGE WEBB 2/16/2011. (Lee, L.).
February 7, 2011 Filing 316 MOTION for Summary Judgment of Non-Infringement of Claims 2, 7 and 9 of U.S. Patent No. 5,698,558 by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Morris, Robert)
February 7, 2011 Filing 315 SEALED Memorandum in Support by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. re #314 MOTION for Summary Judgment of Invalidity of Claims 1, 2, 7 and 9 of U.S. Patent No. 5,698,588. (Morris, Robert) Modified on 2/16/2011 TO REFLECT ENTRY AS SEALED PER ORDER OF JUDGE WEBB 2/16/2011. (Lee, L.).
February 7, 2011 Filing 314 MOTION for Summary Judgment of Invalidity of Claims 1, 2, 7 and 9 of U.S. Patent No. 5,698,588 by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Morris, Robert)
February 4, 2011 Opinion or Order Filing 313 STIPULATION and Order Regarding Name Change for Plaintiff Sepracor, Inc. by Sepracor Inc., UCB S.A., UCB, Inc.. (Dean, James)
January 31, 2011 Opinion or Order Filing 312 ORDER granting #305 Motion to Seal and granting #311 Motion to Seal. Signed by US Magistrate Judge William A. Webb on 1/31/2011. (Heath, D.)
January 27, 2011 MOTIONS REFERRED: #305 Motion to Seal and #311 Motion to Seal forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
January 20, 2011 Filing 311 MOTION to Seal #307 PROPOSED SEALED Response, and Exhibit A [307-1] by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
January 18, 2011 Opinion or Order Filing 310 ORDER adopting Report and Recommendations re #235 Memorandum and Recommendation and granting #265 Motion for Leave to file a reply. Counsel see order for complete details. Signed by Senior Judge Malcolm J. Howard on 1/18/2011. (Heath, D.)
January 13, 2011 Filing 309 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #307 PROPOSED SEALED Response, Notice of Filing Exhibits C through K to Plaintiffs' Provisionally Sealed Opposition to Sandoz's Objections to the Magistrate Judge's Memorandum & Recommendation/Order Under Seal (Attachments: #1 Exhibit C - Novo Nordisk v. Mylan, #2 Exhibit D - Bayer Healthcare v. Norbrook Labs, #3 Exhibit E - Takeda v. Sandoz, #4 Exhibit F - Astrazeneca v. Apotex, D. Del, #5 Exhibit G - UCB Citizen Petition, #6 Exhibit H - Synthon Comments, #7 Exhibit I - 21 CFR Part 314, #8 Exhibit J - October 19, 2010 FDA Letter, #9 Exhibit K - Astrazeneca v. Apotex, Fed. Cir.) (Dean, James)
January 13, 2011 Filing 308 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #307 PROPOSED SEALED Response, Notice of Provisionally Filing Plaintiffs' Opposition to Sandoz's Objections to the Magistrate Judge's Memorandum & Recommendation/Order Under Seal (Dean, James)
January 13, 2011 Filing 307 SEALED RESPONSE by Counter Defendants Sepracor Inc., Sepracor Inc., UCB S.A., UCB S.A., UCB S.A., UCB, Inc., UCB, Inc., UCB, Inc., Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #304 PROPOSED SEALED Document,,,,. (Attachments: #1 Exhibit A - DuFresne Deposition, #2 Exhibit B - August 26, 2010 Email, #3 Exhibit L - November 18, 2010 Email) (Dean, James) Modified on 1/31/2011 TO REFLECT ENTRY AS SEALED PER ORDER OF JUDGE WEBB 1/31/2011. (Heath, D.).
January 10, 2011 Regenerated NEF for 1/10/11 Text Order granting #303 Motion for Extension of Time. (Skinner, J.)
January 10, 2011 TEXT ORDER denying as moot #302 Motion for Extension of Time. Signed by Dennis P. Iavarone, Clerk of Court on January 10, 2011. (Iavarone, Dennis)
January 10, 2011 TEXT ORDER granting #303 Motion for Extension of Time until Thursday, January 13, 2011. Signed by Dennis P. Iavarone, Clerk of Court. (Iavarone, Dennis).
January 10, 2011 Filing 303 MOTION for Extension of Time to File Opposition to Sandoz's Objections to Magistrate Judge's Memorandum & Recommendation/Order by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Copenhaver, W.)
January 10, 2011 MOTIONS REFERRED: #302 MOTION for Extension of Time to File Opposition to Sandoz's Objections to Magistrate Judge's Memorandum & Recommendation/Order forwarded to Clerk for consideration. Motions referred to Clerk of Court. (Heath, D.)
January 7, 2011 Filing 302 MOTION for Extension of Time to File Opposition to Sandoz's Objections to Magistrate Judge's Memorandum & Recommendation/Order by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Dean, James)
December 23, 2010 Opinion or Order Filing 301 ADMINISTRATIVE ORDER - On December 14, 2010, an order was entered by this court designating Sepracor, Inc., et al. v. Synthon Pharms., Inc., etal., No. 5:08-CV-179-H(3), as the lead case for these consolidated actions. Due to difficulties encountered in transferring previously filed documents into the electronic docket sheet for that action, the court hereby instructs the clerk of court to open a new master case to be designated as No.5:10-MD-1500-H(3) for these proceedings. The parties are instructed to use the master case and the above caption for all future filings.. Signed by Senior Judge Malcolm J. Howard on 12/23/2010. (Heath, D.)
December 22, 2010 Filing 306 MOTION for Extension of Time to File Response/Reply as to #304 PROPOSED SEALED Document by Sepracor Inc., UCB S.A. and UCB, Inc. (Attachments: #1 Text of Proposed Order) (Marsh, K)
December 20, 2010 Filing 305 MOTION to Seal #304 PROPOSED SEALED Document SANDOZ'S OBJECTIONS TO MAGISTRATE JUDGE'S MEMORANDUM & RECOMMENDATION/ORDER by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Marsh, K)
December 20, 2010 Filing 304 SEALED Document: Sandoz's Objections To The Magistrate Judge's Memorandum & Recommendation/Order by Consol Defendant Sandoz, Inc. (Attachments: #1 Index ATTACHMENT A: Table of Exhibits, #2 Exhibit (1): Astrazeneca Pharm. LP v. Apotex Corp., #3 Exhibit (2): U.S. Patent No. 5,698,558, #4 Exhibit (3)(Part 1): SANDOZ 015672-015695, #5 Exhibit (3)(Part2): SANDOZ 015696-015719, #6 Exhibit (3)(Part 3): SANDOZ 015720-015743, #7 Exhibit (3)(Part 4): SANDOZ 015744-015764, #8 Exhibit (4): 11/4/10 Hearing Trx., #9 Exhibit (5): Mosely v. Countrywide Home Loans Inc., #10 Exhibit (6): Novo Nordisk Inc. v. Mylan Pharm. Co., #11 Exhibit (7): Eisai Co. v. Mutual Pharm. Co., #12 Exhibit (8): Bayer Healthcare LLC v. Norbrook Labs. Ltd., #13 Exhibit (9): Minessota Mining and Mfg Co. v. Alphapharm Pty. Ltd., #14 Exhibit (10): Bayer Schera Pharma AG v. Sandoz, Inc., #15 Exhibit (11): Minnesota Mining & Manufacturing v. Alphapharm Pty. Ltd., #16 Exhibit (12): DE Tech, Inc. v. Dell, Inc.) (Marsh, K) Modified on 1/31/2011 to reflet this entry as SEALED PER ORDER OF JUDGE WEBB 1/31/2011 (Heath, D.).
December 14, 2010 Opinion or Order Filing 300 ADMINISTRATIVE ORDER - The court hereby designates Sepracor, Inc., et al.v. Synthon Pharms., Inc. et al., No. 5:08-CV-179-H(3) as the new lead case. The clerk is directed to close Sepracor, Inc., et al. v. Barr Pharms., Inc., et al., No.5: 08-CV-362-H (3), and Sepracor, Inc., et al. v. Sun Pharm. Indus., Ltd., No. 5:08-CV-247-H(3). Counsel see Order for complete details. Signed by Senior Judge Malcolm J. Howard on 12/14/2010. (Heath, D.)
December 13, 2010 Filing 299 NOTICE of Filing Copy of Judgment Entered In Case 5:08-CV-247-H3. (Heath, D.)
December 13, 2010 Opinion or Order Filing 298 ORDER - This matter comes before the Court on the Stipulation of Dismissal [DE # 92] entered into between Sun Pharmaceutical Industries, Ltd. ("Sun") and Sepracor Inc., UCB S.A., and UCB, Inc., and on Sun's Unopposed Motion to Dismiss. For good cause shown, the Motion is GRANTED. All claims and counterclaims in Case No. 5:08-CV-247-H(3) are dismissed without prejudice, with each party to bear its own costs, expenses, and attorneys' fees. Signed by Senior Judge Malcolm J. Howard on 12/13/2010. (Heath, D.)
December 3, 2010 Filing 297 **ORDER VACATED 9/1/2011 - SEE DE #371** MEMORANDUM AND RECOMMENDATION and ORDER re #275 SEALED MOTION TO DISMISS and #254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY. Sandoz has failed to establish that its Paragraph IV certification is no longer pending before the FDA or that withdrawal of the certification negates Plaintiffs claims. This Court therefore retains subject matter jurisdiction over the present litigation. Accordingly, the undersigned recommends that Sandozs motion to dismiss [DE-275] be DENIED. With regard to Plaintiffs motion to extend Sandozs thirty-month stay of FDA approval for failure to comply with discovery [DE-254], the undersigned finds that Sandoz has failed to reasonably cooperate in expediting the litigation. The motion to extend is therefore GRANTED; the stay will be extended by a period of sixty days, commencing November 27, 2010. The stay will expire January 27, 2010. Objections to M&R due by 12/20/2010.Signed by US Magistrate Judge William A. Webb on 12/3/2010. (Attachments: #1 14 Day Notice) (Heath, D.) Modified on 9/1/2011 (Heath, D.).
December 3, 2010 Motion No Longer Submitted: #275 Motion to Dismiss no longer submitted to Judge Howard. The motion was referred to Judge Webb 11/30/2010 for consideration. (Heath, D.)
December 2, 2010 Motions Submitted: #275 PROPOSED SEALED MOTION TO DISMISS by Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc. forwarded to Judge Howard for consideration. (Heath, D.)
December 2, 2010 Opinion or Order ORDER granting #295 Motion to Seal. For good cause shown and without opposition from Plaintiffs, the Motion for Leave to File Under Seal is granted, and it is ORDERED that Sandoz's Reply in Support of its Motion to Dismiss, Docket Entry No. 294, be sealed. Signed by US Magistrate Judge William A. Webb on December 2, 2010. (Leisten, J)
November 30, 2010 Filing 296 STATUS REPORT (Supplemental) by Sepracor Inc., UCB S.A., UCB, Inc.. (Copenhaver, W.)
November 30, 2010 MOTIONS REFERRED: #275 PROPOSED SEALED MOTION by Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc. and #295 MOTION to Seal #294 PROPOSED SEALED Reply and #293 Status Report forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
November 29, 2010 Filing 295 MOTION to Seal #294 PROPOSED SEALED Reply by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Allen, F.).
November 29, 2010 Filing 294 SEALED REPLY by Consolidated Defendant Sandoz, Inc. re #276 PROPOSED SEALED Memorandum in Support. (Allen, F.). Modified on 12/2/2010 to remove the word "Proposed" from the docket text to reflect the entry as SEALED (Heath, D.).
November 23, 2010 Filing 293 STATUS REPORT - Report Pursuant to Court's Instructions Contained in the November 18, 2010 Order by Sepracor Inc., UCB S.A., UCB, Inc.. (Dean, James)
November 18, 2010 Opinion or Order Filing 292 ORDER granting in part and denying in part #230 Motion to Compel. Counsel see order for complete ruling. Plaintiffs are ordered to inform the Court by close of business November 23, 2010, as to the date by which discovery can be completed. Signed by US Magistrate Judge William A. Webb on 11/18/2010. (Heath, D.)
November 18, 2010 Opinion or Order Filing 291 ORDER granting #290 Motion to Seal Document. Upon motion of Defendant Sandoz and for good cause shown, Sandoz's unopposed Motion to Seal Docket Entry No. 287 is granted. Signed by US Magistrate Judge William A. Webb on November 18, 2010. (Leisten, J)
November 17, 2010 MOTION REFERRED: #290 MOTION to Seal Document #287 PROPOSED SEALED Response forwarded to Judge Webb for consideration. Motion referred to William A. Webb. (Heath, D.).
November 17, 2010 Filing 290 (UNOPPOSED) MOTION to Seal Document #287 PROPOSED SEALED Response by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Allen, F.).
November 15, 2010 Opinion or Order Filing 289 ORDER denying #242 PROPOSED Sealed Motion. Signed by US Magistrate Judge William A. Webb on 11/15/2010. (Heath, D.)
November 12, 2010 Filing 288 NOTICE (Notice of provisional filing under seal pursuant to Section T(6) of the Electronic Case Filing Administrative Policies and Procedures Manual) by Sepracor Inc., UCB S.A., UCB, Inc. re #287 PROPOSED SEALED Response, (Dean, James).
November 12, 2010 Filing 287 **ENTRY SEALED PER ORDER OF JUDGE WEBB 11/18/2010 - DE#291** SEALED RESPONSE by Counter Defendants Sepracor Inc., Sepracor Inc., UCB S.A., UCB S.A., UCB S.A., UCB, Inc., UCB, Inc., UCB, Inc., Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Exhibit 1 Food and Drug Administration October 19, 2010 Guidance Letter, #2 Exhibit 2 68 Federal Register 36676 (June 18, 2003), #3 Exhibit 3 Sandoz July 8, 2008 Letter, #4 Exhibit 4 Bayer Healthcare v. Norbrook Labs., 2009 West Law 6337911 (Eastern District of Wisconsin September 24, 2009), #5 Exhibit 5 Takeda Pharmaceuticals Co. Ltd. V. Sandoz, Inc., 2007 West Law 2936208 (Southern District of New York October 9, 2007), #6 Exhibit 6 - SANDOZ 016116) (Dean, James). Modified on 11/18/2010 TO ADD SEALING LANGUAGE(Heath, D.).
November 8, 2010 NOTICE of Filing of Official Transcript - DE #286 - Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
November 8, 2010 Filing 286 OFFICIAL TRANSCRIPT of MOTION HEARING Proceedings held on 11/4/2010, before Judge Webb. Transcriber Janice Russell. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 11/29/2010. Redacted Transcript Deadline set for 12/9/2010. Release of Transcript Restriction set for 2/6/2011. Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Steele, F.)
November 5, 2010 Filing 285 RESPONSE in Opposition re #265 MOTION for Leave to File Reply in Support of Plaintiffs' Objections to the Memorandum and Recommendation on Claim Construction filed by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. (Attachments: #1 Exhibit Synthon PowerPoint Slides Presented at Claim Construction Hearing) (Morris, Robert).
November 5, 2010 Filing 284 NOTICE by Sandoz, Inc. of Supplemental Filing in Compliance with Court's Directions During November 4, 2010 Hearing (Pluta, Robert)
November 4, 2010 Filing 283 NOTICE by Sandoz, Inc. Filing in Compliance with Court's Directions During November 4, 2010 Hearing (Allen, F.)
November 4, 2010 Filing 282 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Text of Proposed Order Regarding November 4, 2010 Hearing) (Dean, James)
November 4, 2010 Filing 281 Memorandum in Support re #254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Dean, James)
November 4, 2010 Filing 280 Minute Entry for proceedings held before US Magistrate Judge William A. Webb: Motion Hearing held on 11/4/2010 in Raleigh. Parties present for Sepracor, Synthon, and Sandoz. The Court will enter an order. (Court Reporter FTR) (Bunn, A.).
November 4, 2010 Opinion or Order Filing 279 ORDER granting #277 Motion to Seal. Signed by US Magistrate Judge William A. Webb on 11/04/2010. (Webb, William)
November 4, 2010 Opinion or Order Filing 278 ORDER granting #275 PROPOSED Sealed Motion. Signed by US Magistrate Judge William A. Webb on 11/04/2010. (Webb, William)
November 3, 2010 Filing 277 MOTION to Seal #276 PROPOSED SEALED Memorandum in Support,,,, #275 PROPOSED SEALED MOTION by Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc. by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
November 3, 2010 Filing 276 SEALED Memorandum in Support by Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc. re (275 in 5:08-cv-00362-H) PROPOSED SEALED MOTION by Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc. (Attachments: #1 Exhibit A - '558 patent, #2 Exhibit B (part 1 of 4) - Sandoz Notification of FDA re changing certification provision - February 5 2010, #3 Exhibit B (part 2 of 4) - Sandoz Notification of FDA re changing certification provision - February 5 2010, #4 Exhibit B (part 3 of 4) - Sandoz Notification of FDA re changing certification provision - February 5 2010, #5 Exhibit B (part 4 of 4) - Sandoz Notification of FDA re changing certification provision - February 5 2010, #6 Exhibit C - Novo Nordisk v. Mylan Pharms., 2010 West Law 1372437, #7 Exhibit D - Eisai Co. v. Mutual Pharm., 2007 West Law 4556958)Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Allen, F.) Modified on 11/4/2010 to remove the word "Proposed" (Heath, D.).
November 3, 2010 Filing 275 SEALED MOTION TO DISMISS by Consol Defendant Sandoz, Inc., Counter Claimant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc. Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Allen, F.) Modified on 11/4/2010 to remove the word "Proposed" (Heath, D.). Modified on 11/30/2010 to show motion no longer terminated (Heath, D.).
November 3, 2010 Filing 274 RESPONSE in Opposition re #254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY filed by Sandoz, Inc. (Attachments: #1 Exhibit A - Cowin Equipment v. Wirtgen, 2006 WL 783364 (N.D. Ga.), #2 Exhibit B - Bayer Healthcare v. Norbrook Labs, 2009 WL 6337911 (E.D. Wis.), #3 Exhibit C - 10/22/10 Pluta email to Tempesta, #4 Exhibit D - correspondence beginning 10/27/10 regarding deposition, #5 Exhibit E - 3M v. Alphapharma (April 2, 2001), #6 Exhibit F - 3M v. Alphapharma (Mar. 8, 2002), #7 Exhibit G - Bayer Scherer v. Sandoz, 2010 WL 3447906, #8 Exhibit H - Eli Lilly v. Zenith Goldline, 2001 WL 238090, #9 Exhibit I - Janssen Pharmaceutica (No. 01-02322, Dkt no. 131)) (Allen, F.).
November 3, 2010 Opinion or Order Filing 273 ORDER denying #272 Motion to Continue. The hearing in this matter shall be rescheduled for 2:00 p.m., November 4, 2010. See attached order for further details. Signed by US Magistrate Judge William A. Webb on 11/03/10. (CHAM, BH)
November 3, 2010 MOTION REFERRED: #272 Corrected MOTION to Continue Hearing. Motion referred to William A. Webb. (Lee, L.)
November 3, 2010 Filing 272 Corrected MOTION to Continue by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
November 3, 2010 Opinion or Order Filing 271 ORDER denying without prejudice #270 Motion to Continue. The nature of the conflict referred to in the motion is not stated and the court is unable to determine whether it should be considered a sufficient reason, in light of the pleadings and posture of this case, to grant the motion. Signed by US Magistrate Judge William A. Webb on 11/03/2010. (Webb, William)
November 2, 2010 MOTION REFERRED: #270 MOTION to Continue Hearing from November 4, 2010 forwarded to Judge Webb for consideration. Motion referred to William A. Webb. (Heath, D.).
November 2, 2010 Filing 270 MOTION to Continue Hearing from November 4, 2010 by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Allen, F.).
November 2, 2010 Opinion or Order Filing 269 ORDER Setting Hearing on Motion #254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY, #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed), #242 PROPOSED SEALED MOTION by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc.: Motion Hearing set for 11/4/2010 08:00 AM in Raleigh - 6th Floor Courtroom before US Magistrate Judge William A. Webb.. Signed by US Magistrate Judge William A. Webb on November 2, 2010. (Leisten, J).
November 2, 2010 Opinion or Order Filing 268 ORDER denying #255 Motion for Leave to File Excess Pages. Signed by US Magistrate Judge William A. Webb on 11/03/2010. (Webb, William)
November 2, 2010 Opinion or Order Filing 267 ORDER granting #262 Motion to Seal. Signed by US Magistrate Judge William A. Webb on 11/02/2010. (Webb, William)
November 1, 2010 Filing 266 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. Letter to the Honorable William A. Webb (Attachments: #1 Exhibit A - E-mail communication regarding deposition witness, #2 Exhibit B - E-mail communication regarding extended period for response, #3 Exhibit C - E-mail communication regarding exceeding the page limit allowed for discovery motions) (Copenhaver, W.)
October 28, 2010 Motion Submitted: #265 MOTION for Leave to File Reply in Support of Plaintiffs' Objections to the Memorandum and Recommendation on Claim Construction forwarded to Judge Howard for consideration. (Heath, D.).
October 28, 2010 Motion No Longer Referred: #265 MOTION for Leave to File Reply. Advised by Judge Webb's Chamber to forward this motion to Judge Howard for consideration. (Heath, D.).
October 28, 2010 MOTION REFERRED: #265 MOTION for Leave to File Reply in Support of Plaintiffs' Objections to the Memorandum and Recommendation on Claim Construction forwarded to Judge Webb for consideration. Motion referred to William A. Webb. (Heath, D.).
October 27, 2010 Filing 265 MOTION for Leave to File Reply in Support of Plaintiffs' Objections to the Memorandum and Recommendation on Claim Construction by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Exhibit A - Proposed Reply, #2 Text of Proposed Order) (Dean, James).
October 27, 2010 Filing 264 NOTICE of Appearance by James A. Dean on behalf of Sepracor Inc., UCB S.A., UCB, Inc. (Dean, James)
October 20, 2010 Opinion or Order Filing 263 ORDER GRANTING #260 Motion to Withdraw as Attorney by W. Ellis Boyle. W. Ellis Boyle terminated as counsel for plaintiffs. Signed by US Magistrate Judge William A. Webb on 10/20/10. (Lee, L.)
October 20, 2010 MOTIONS REFERRED: #260 MOTION to Withdraw as Attorney, #255 MOTION for Leave to File Excess Pages, #262 MOTION to Seal #261 PROPOSED SEALED Document, #254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY. Referred #251 Proposed Sealed Response and related #252 Notice; #256 Proposed Sealed Memorandum and related #257 Notice and #261 Proposed Sealed Document forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
October 18, 2010 NOTICE TO COUNSEL: Counsel is reminded all text should be typed in lower case letters. (Heath, D.)
October 15, 2010 Filing 262 MOTION to Seal #261 PROPOSED SEALED Document by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Text of Proposed Order) (Copenhaver, W.).
October 15, 2010 Filing 261 SEALED Document: Letter to Judge Webb along with Citizen Petition by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Exhibit - Citizen Petition) (Copenhaver, W.). Modified on 11/2/2010 to remove the word "Proposed" to show this entry as sealed (Heath, D.).
October 15, 2010 Filing 260 MOTION to Withdraw as Attorney by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Text of Proposed Order) (Boyle, W.).
October 15, 2010 Filing 259 Proposed Order re #255 MOTION for Leave to File Excess Pages FOR PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY filed by Sepracor Inc., UCB S.A., UCB, Inc. (Boyle, W.).
October 15, 2010 NOTICE OF DEFICIENCY re: #255 Motion for Leave to File Excess Pages; Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Lee, B.)
October 14, 2010 Filing 258 RESPONSE re #251 PROPOSED SEALED Response SANDOZ'S JOINDER in SYNTHON'S RESPONSE TO PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATIONS ON CLAIM CONSTRUCTION filed by Sandoz, Inc. (Allen, F.).).
October 13, 2010 Filing 257 NOTICE PROVISIONALLY SEALED PURSUANT TO SECTION T(6) OF THE ELECTRONIC CASE FILING ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL by Sepracor Inc., UCB S.A., UCB, Inc. re #256 PROPOSED SEALED Memorandum in Support (Boyle, W.).
October 13, 2010 Filing 256 PROPOSED SEALED Memorandum in Support by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY. (Attachments: #1 Exhibit A: BAYER V. NORBROOK LABS, #2 Exhibit B: SANDOZ SEPTEMBER 20 LETTER, #3 Exhibit C: PLAINTIFFS SEPTEMBER 24 LETTER, #4 Exhibit D: SANDOZ SEPTEMBER 29 LETTER, #5 Exhibit E: PLAINTIFFS OCT. 4 LETTER, #6 Exhibit F: SANDOZ OCTOBER 7 LETTER, #7 Exhibit G: ELI LILLY V. ZENITH GOLDLINE, #8 Exhibit H: JANSSEN V. EON LABS JANUARY 22, 2004, ORDER) (Boyle, W.).
October 13, 2010 Filing 255 MOTION for Leave to File Excess Pages FOR PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY by Sepracor Inc., UCB S.A., UCB, Inc. (Boyle, W.).
October 13, 2010 Filing 254 MOTION TO EXTEND SANDOZ'S THIRTY-MONTH STAY OF FDA APPROVAL FOR FAILURE INTER ALIA TO COMPLY WITH DISCOVERY by Sepracor Inc., UCB S.A., UCB, Inc. (Boyle, W.).
October 13, 2010 Filing 253 NOTICE I>of Filing of Exhibits to Defendants' Response to Plaintiffs' Objections to the Magistrate Judge's Memorandum and Recommendation on Claim Construction by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. > (Attachments: #1 Exhibit 1 - Campoli-Richards article, #2 Exhibit 2 - U.S. Patent No. 5,698,558, #3 Exhibit 3 - Original Claims in prosecution history of U.S. Patent No. 5,627,183, #4 Exhibit 4 - Preliminary Amendment dated 1/27/97 in '558 prosecution history, #5 Exhibit 6 - Office Action dated 2/3/95 in '558 patent prosecution history, #6 Exhibit Exh. 7 - Notice of Allowance in '558 patent prosecution history, #7 Exhibit 9 - Hindmarch article, #8 Exhibit 17 - Casale article) (Morris, Robert).
October 13, 2010 Filing 252 NOTICE of Filing of Provisionally Sealed Documents [DE 251] by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. (Morris, Robert).
October 13, 2010 Filing 251 PROPOSED SEALED RESPONSE by Consol Defendants Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc. re #250 Objection to Memorandum and Recommendations. (Attachments: #1 Exhibit 5 - Gray Deposition Transcript excerpts, #2 Exhibit 8 - Blaiss Expert Report excerpt, #3 Exhibit 10 - Gelfand Deposition Transcript excerpt, #4 Exhibit 11 - Glefand Expert Report excerpt, #5 Exhibit 12 - Gelfand Rebuttal Expert Report excerpt, #6 Exhibit 13 - De Vos Deposition Transcript excerpt, #7 Exhibit 14 - Boev Deposition Transcript excerpt, #8 Exhibit 15 - Blaiss Deposition Transcript excerpts, #9 Exhibit 16 - Walsh Deposition Transcript excerpts) (Morris, Robert).
September 30, 2010 Filing 250 OBJECTION to #235 Memorandum and Recommendations by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Exhibit 1 - U.S. Patent No. 5,698,558, #2 Exhibit 2 - Blaiss Opening Report, #3 Exhibit 3 - Gelfand Transcript Selections, #4 Exhibit 4 - Campoli-Richards article, #5 Exhibit 5 - Rihoux & Dupont article, #6 Exhibit 6 - Gelfand Opening Report, #7 Exhibit 7 - Blaiss Rebuttal Report, #8 Exhibit 8 - Casale article, #9 Exhibit 9 - Hindmarch article, #10 Exhibit 10 - Selection from '558 File History, #11 Exhibit 11 - U.S. Patent No. 5,478,941, #12 Exhibit 12 - May 24, 2010 Hearing Transcript) (Boyle, W.).
September 30, 2010 Filing 249 NOTICE (Withdrawal) by Sepracor Inc., UCB S.A., UCB, Inc. re #248 Appeal of Magistrate Judge Decision to District Court (Boyle, W.).
September 30, 2010 NOTICE OF DEFICIENCY re: #248 Appeal of Magistrate Judge Decision to District Court. Counsel used an incorrect event to docket the Objection to the Memorandum and Recommendation. Counsel is instructed to refile the objection using the correct event "Objection to Memorandum and Recommendation" located under the "Other Answers" option on the main menu. THE EVENT "APPEAL OF MAGISTRATE JUDGE DECISION" SHOULD ONLY BE USED WHEN FILING AN APPEAL. Counsel is instructed to file a Notice of Withdrawal of the Appeal of Magistrate Judge Decision as soon as possible. FURTHER, counsel is directed to Section L(2) of the Court's Policy and Procedure Manual which states all exhibits and attachments must be identified with a clear and complete description of the document. (Heath, D.)
September 29, 2010 Filing 248 **DOCUMENT WITHDRAWN BY COUNSEL - SEE NOTICE AT DE #249**APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Sepracor Inc., UCB S.A., UCB, Inc. re #235 MEMORANDUM AND RECOMMENDATIONS re #1 Complaint, filed by UCB S.A., UCB, Inc., Sepracor Inc. MEMORANDUM AND RECOMMENDATIONS re #1 Complaint, filed by UCB S.A., UCB, Inc., Sepracor Inc.MEMORANDUM AND RECOMMENDATIONS re #1 Complaint, filed by UCB S.A., UCB, Inc., Sepracor 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 11, #11 Exhibit 12, #12 Exhibit 10) (Boyle, W.) Modified on 10/1/2010 to add withdrawal of document language(Heath, D.).
September 29, 2010 MOTION REFERRED: #230 SEALED MOTION to Compel forwarded to Judge Webb for consideration. Motion referred to William A. Webb. (Heath, D.).
September 29, 2010 Opinion or Order Filing 247 ORDER granting #245 Motion to Seal. Signed by US Magistrate Judge William A. Webb on 09/29/10. (CHAM, BH)
September 29, 2010 MOTIONS REFERRED: #242 PROPOSED SEALED MOTION and #245 MOTION to Seal and associated documents forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
September 28, 2010 Filing 246 **DOCUMENT TEMPORARILY SEALED** UNOPPOSED RESPONSE in Opposition re #245 MOTION to Seal #243 PROPOSED SEALED Memorandum in Support, PROPOSED SEALED OPPOSITION TO DOCKET 242 MOTION FOR LEAVE filed by Sandoz, Inc. (Allen, F.) Modified on 9/29/2010 to temporarily seal entry.
September 28, 2010 Filing 245 UNOPPOSED MOTION to Seal #243 PROPOSED SEALED Memorandum in Support by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Allen, F.).
September 21, 2010 Filing 244 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #242 PROPOSED SEALED MOTION by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. Provisionally Sealed Pursuant to Section T(6) of the Electronic Case Filing Administrative Policies and Procedures Manual (Boyle, W.).
September 21, 2010 Filing 243 **DOCUMENT PARTIALLY SEALED PER ORDER OF JUDGE WEBB 9/29/2010 AT DE# 247** SEALED Memorandum in Support by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #242 PROPOSED SEALED MOTION by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 SEALED Exhibit A: draft Citizen Petition, #2 SEALED Exhibit B: draft declaration of Dr. Fineman, #3 SEALED Exhibit C: Sandoz documents Bates # 15734-55, #4 Exhibit D: September 14, 2010 email) (Boyle, W.). Modified on 9/29/2010 to place entry and certain exhibits under seal(Heath, D.).
September 21, 2010 Filing 242 PROPOSED SEALED MOTION by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. (Boyle, W.).
September 21, 2010 Opinion or Order Filing 241 ORDER granting (DE-239) Motion for Extension of Time: Plaintiffs shall have until September 29, 2010 to file their objections to the undersigned's Memorandum and Recommendation (DE-235). Signed by US Magistrate Judge William A. Webb on 09/21/10.(CHAM, BH)
September 21, 2010 MOTION REFERRED: #239 Consent MOTION for Extension of Time to File Objections to the Court's September 8, 2010 Memorandum and Recommendation forwarded to Judge Webb for consideration. Motion referred to William A. Webb. (Heath, D.).
September 20, 2010 Filing 240 Memorandum in Opposition re #231 Memorandum in Support,, #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) filed by Sandoz, Inc. (Attachments: #1 Exhibit (1) Sandoz Inc.'s Responses And Objections To Plaintiffs' Third Notice Of Rule 30(b)(6) Deposition of Sandoz, Inc., #2 Exhibit (2) Sandoz's Response To Plaintiffs' Third Set Of Interrogatories (Numbers 10-11), #3 Exhibit (3) Sandoz's Response To Plaintiffs' Second Set Of Requests (Numbers 42-47) For The Production Of Documents And Things, #4 Text of Proposed Order Exhibit 4) (Allen, F.).
September 20, 2010 Filing 239 Consent MOTION for Extension of Time to File Objections to the Court's September 8, 2010 Memorandum and Recommendation by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Exhibit Text of Proposed Order) (Boyle, W.).
September 17, 2010 Filing 238 NOTICE of Appearance for non-district by F. Hill Allen, IV on behalf of Sandoz, Inc. (Allen, F.)
September 16, 2010 Opinion or Order Filing 237 ORDER granting #236 Motion for Extension of Time to File Response to Motion to Compel. Response due by 9/20/2010. Signed by US Magistrate Judge William A. Webb on 9/16/2010. (Heath, D.)
September 15, 2010 MOTION REFERRED: #236 Consent MOTION for Extension of Time to File Response forwarded to Judge Webb for consideration. Motion referred to William A. Webb. (Heath, D.).
September 14, 2010 Filing 236 Consent MOTION for Extension of Time to File Response/Reply as to #231 Memorandum in Support, #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Allen, F.)
September 8, 2010 Filing 235 MEMORANDUM AND RECOMMENDATIONS - RECOMMENDED that the term sedation be construed as: central nervous system impairment, and that the phrase said amount being sufficient to alleviate or palliate said allergic rhinitis but insufficient to cause said sedation be construed as: an amount of (-) cetirizine, or a pharmaceutically acceptable salt thereof, that is sufficient to provide relief from the symptoms of allergic rhinitis but in an amount that does not cause the same degree of sedation caused by a therapeutically equivalent amount of racemic cetirizine. Objections to M&R due by 9/25/2010. Signed by US Magistrate Judge William A. Webb on 9/8/2010. (Attachments: #1 14 Day Notice) (Heath, D.)
September 3, 2010 Opinion or Order Filing 234 ORDER granting #232 Motion to Seal Document. Signed by US Magistrate Judge William A. Webb on 09/03/10. (CHAM, BH)
September 2, 2010 MOTIONS REFERRED: #232 MOTION to Seal #231 Memorandum in Support,, #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Seal Document MOTION to Seal #231 Memorandum in Support,, #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
September 2, 2010 Filing 233 PROPOSED SEALED Document: Amended Order re #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc.. (Copenhaver, W.)
September 2, 2010 Filing 232 MOTION to Seal #231 Memorandum in Support,, #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed), MOTION to Seal Document by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Copenhaver, W.)
September 2, 2010 Case manager received a call from Deborah Barry with Mr. Copenhaver's office, to advise the Motion to Compel and Supporting Memorandum filed 9/1/2010 at DE #230 and #231 were intended to be filed under seal. Ms. Barry advised opposing counsel consents to the sealing of the documents and counsel will file a Motion to Seal and proposed order immediately to correct the oversite. Case manager temporarily sealed the documents to protect the contents. (Heath, D.)
September 2, 2010 NOTICE TO COUNSEL re: #231 Memorandum in Support: In future filings be sure to completely spell out description of attachments instead of abbreviating. Clerk has corrected entry, so no need to refile this time. (Lee, B.)
September 1, 2010 Filing 231 Sealed Memorandum in Support re #230 MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) filed by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Exhibit 1 - Sandoz August 26, 2010 E-mail, #2 Exhibit 2 - Plaintiffs' Second Set of Requests for Production of documents to Sandoz, #3 Exhibit 3 - Plaintiffs' Third Set of Interrogatories to Sandoz, #4 Exhibit 4 - Plaintiffs' Third Notice of 30(b)(6) Deposition of Sandoz, #5 Exhibit 5 - Plaintiffs' August 19, 2010 E-mail) (Copenhaver, W.). Modified on 9/2/2010 to add the words "proposed sealed to the docket text (Heath, D.). Modified on 9/7/2010 to remove the word "proposed". (Lee, L.).
September 1, 2010 Filing 230 Sealed MOTION to Compel Discovery Concerning Sandoz's Section VIII Amendment (Renewed) by Sepracor Inc., UCB S.A., UCB, Inc. (Attachments: #1 Text of Proposed Order) (Copenhaver, W.). Modified on 9/2/2010 (Heath, D.) to add the words "proposed sealed" to the docket text. Modified on 9/7/2010 to remove the word "Proposed". (Lee, L.).
August 12, 2010 Opinion or Order Filing 229 ORDER granting #228 Motion to Seal. Signed by US Magistrate Judge William A. Webb on 08/12/10. (CHAM, BH)
August 11, 2010 MOTION REFERRED: #228 MOTION to Seal #227 Order on Motion for Miscellaneous Relief forwarded to Judge Webb for consideration. Motion referred to William A. Webb. (Heath, D.).
August 10, 2010 Filing 228 MOTION to Seal #227 Order on Motion for Miscellaneous Relief by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
August 9, 2010 Filing 227 **SEALED PER ORDER OF JUDGE WEBB 8/12/2010 AT DE #229** ORDER granting in part and denying in part #202 Motion. Discovery period shall remain open until September 3, 2010. Signed by US Magistrate Judge William A. Webb on 8/9/2010. (Heath, D.) Modified on 8/12/2010 (Heath, D.).
July 27, 2010 Opinion or Order Filing 226 ORDER granting #221 Motion to Seal. Signed by United States Magistrate Judge William A. Webb on 07/27/10. (CHAM, BH)
July 27, 2010 Opinion or Order Filing 225 ORDER granting #219 Motion to Seal Document. Signed by United States Magistrate Judge William A. Webb on 07/27/10. (CHAM, BH)
July 27, 2010 Opinion or Order Filing 224 ORDER granting #214 Motion to Seal Document. Signed by United States Magistrate Judge William A. Webb on 07/27/10. (CHAM, BH)
July 27, 2010 Opinion or Order Filing 223 ORDER granting #213 Motion to Seal. Signed by United States Magistrate Judge William A. Webb on 07/27/10. (CHAM, BH)
July 27, 2010 MOTIONS REFERRED: #214 MOTION to Seal Document, #203 Memorandum in Support, #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER, #204 PROPOSED SEALED Exhibit MOTION to Seal Document #203 Memorandum in Support, #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER, #204 PROPOSED SEALED Exhibit, #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER, #221 MOTION to Seal #220 PROPOSED SEALED Memorandum in Support, #213 MOTION to Seal #211 PROPOSED SEALED Response, with Exhibits A, F, I, J, K and L, #219 MOTION to Seal Document, #217 PROPOSED SEALED Response, and 217-1 forwarded to United States Magistrate Judge William A. Webb for consideration. Motions referred to US Magistrate Judge William A. Webb. (Heath, D.)
July 26, 2010 Filing 222 RESPONSE in Opposition reference #221 MOTION to Seal, #220 PROPOSED SEALED Memorandum in Support, #219 MOTION to Seal Document, #217 PROPOSED SEALED Response, and 217-1 filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A: chart for background of motions to seal) (Boyle, W.)
July 19, 2010 Filing 221 MOTION to Seal #220 PROPOSED SEALED Memorandum in Support, by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
July 19, 2010 Filing 220 ** SEALED PER ORDER OF JUDGE WEBB 7/27/2010** SEALED Memorandum in Support by Consol Defendant Sandoz, Inc. re #219 MOTION to Seal Document #217 PROPOSED SEALED Response,, and 217-1. (Attachments: #1 Exhibit (1) Transcript Of Status Conference Before Judge Webb, 4/26/10) (Allen, F.) Modified on 7/28/2010 (Heath, D.).
July 19, 2010 Filing 219 MOTION to Seal Document #217 PROPOSED SEALED Response,, and 217-1 by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
July 8, 2010 Filing 218 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #217 PROPOSED SEALED Response,, Provisionally Sealed Pursuant to Section T(6) of the Electronic Case Filing Administrative Policies and Procedures Manual (Boyle, W.)
July 8, 2010 Filing 217 **SEALED PER ORDER OF JUDGE WEBB 7/27/2010** SEALED RESPONSE by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #214 MOTION to Seal Document #203 Memorandum in Support, #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER, #204 PROPOSED SEALED Exhibit MOTION to Seal Document #203 Memorandum in Support, #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER, #204 PROPOSED SEALED Exhibit. (Attachments: #1 Exhibit 1: Emails between plaintiffs and Sandoz's counsel) (Boyle, W.) Modified on 7/28/2010 (Heath, D.).
June 30, 2010 NOTICE OF CORRECTION re: #202 Motion to Reopen Discovery, #203 Memorandum in Support. These entries have been temporarily sealed pending ruling on the motion to seal. (Skinner, J.)
June 28, 2010 Filing 216 RESPONSE to Motion re #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER filed by Synthon B.V., Synthon Holding B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. (Morris, Robert)
June 28, 2010 Filing 215 NOTICE by Sandoz, Inc. re #211 PROPOSED SEALED Response,,, (Of Filing) (Attachments: #1 Exhibit A - Corrected Table Of Contents, #2 Exhibit B - Corrected Table Of Authorities) (Allen, F.)
June 25, 2010 Filing 214 MOTION to Seal Document #203 Memorandum in Support, #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER, #204 PROPOSED SEALED Exhibit by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
June 25, 2010 Filing 213 MOTION to Seal #211 PROPOSED SEALED Response,,, with Exhibits A, F, I, J, K and L by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
June 25, 2010 Filing 212 Memorandum in Opposition re #203 Memorandum in Support, #211 PROPOSED SEALED Response,,, #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER EXHIBITS IN SUPPORT OF MEMORANDUM (not under seal) as follows: Exhibit B - US Patent No. 5,698,558 (Dec. 16, 1997) filed by Sandoz, Inc.. (Attachments: #1 Exhibit C - US Patent No. 5,627,183 (May 6, 1997), #2 Exhibit D - Complaint For Patent Infringement, #3 Exhibit E - Answer And Counterclaims Of Sandoz, Inc., #4 Exhibit G - Defendant Sandoz's Disclosure Of Preliminary Noninfringement And Invalidity Contentions, #5 Exhibit H - Plaintiffs' Response to The First Set Of Interrogatories (Nos. 1-9) By Defendant Sandoz, Inc.) (Allen, F.)
June 25, 2010 Filing 211 **SEALED PER ORDER OF JUDGE WEBB 7/27/2010** SEALED RESPONSE by Defendant Sandoz, Inc. - re: (203 in 5:08-cv-00362-H) Memorandum in Support, (202 in 5:08-cv-00362-H) MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER. (Attachments: #1 Exhibit A - Original ANDA, #2 Exhibit F - Plaintiffs' Disclosure Of Asserted Claims And Preliminary Infringement Contentions To Sandoz, Inc., #3 Exhibit I - Excerpts from Sandoz 30(b)(6) Deposition Transcript, #4 Exhibit J - (Part 1, Bates Nos. SANDOZ 015672-015720), #5 Exhibit J - (Part 2, Bates Nos. SANDOZ 015721-015764), #6 Exhibit K - 3/25/10 email from J. Schwartz to J. Lewis, #7 Exhibit L - 3/31/09 email from E. Madrigal to J. Lewis)Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Allen, F.) Modified on 7/28/2010 (Heath, D.).
June 14, 2010 Motion No Longer Referred: #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER. Referral withdrawn. (Heath, D.). Modified on 6/14/2010 (Heath, D.).
June 14, 2010 MOTIONS REFERRED: #210 MOTION for Extension of Time to File Response and #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER. #204 Proposed Sealed Document and #205 Notice forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
June 11, 2010 Filing 210 MOTION for Extension of Time to File Response/Reply as to #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER by Sandoz, Inc. (Attachments: #1 Text of Proposed Order) (Allen, F.).
May 25, 2010 NOTICE of Filing of Official Transcript #209 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.) Modified on 5/27/2010
May 25, 2010 Filing 209 OFFICIAL TRANSCRIPT of MARKMAN HEARING Proceedings held on 5/24/10, before Judge Webb. Court Reporter Patricia Elliott. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 6/15/2010. Redacted Transcript Deadline set for 6/25/2010. Release of Transcript Restriction set for 8/23/2010. Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Steele, F.)
May 25, 2010 Opinion or Order Filing 208 ORDER granting #206 Motion for Extension of Time to File Response. Defendants response due by 6/18/2010. Signed by USMJ William A. Webb on 5/25/2010. (Heath, D.)
May 24, 2010 Filing 207 Minute Entry for proceedings held before USMJ William A. Webb: Markman Hearing held on 5/24/2010 in Raleigh. All parties present to proceeding. Court hears argument from both sides. Court will issue an M&R to Judge Howard promptly. (Court Reporter FTR and Patti Elliott.) (Bunn, A.)
May 24, 2010 MOTIONS REFERRED: #206 MOTION for Extension of Time to File Response/Reply as to #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
May 21, 2010 Filing 206 MOTION for Extension of Time to File Response/Reply as to #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
May 19, 2010 PLEASE DISREGARD THIS ENTRY: NOTICE OF DEFICIENCY re: #204 PROPOSED SEALED Exhibit. Per Section T (1)(a) 1 of Policy Manual: Except for motions filed under seal in accordance with Section T(1)(a)7 of this Policy Manual, each time a party seeks to file under seal, said party shall accompany the request with a motion to seal. (Lee, B.) Modified on 5/21/2010 to reflect that this entry should be disregarded. (Lee, B.).
May 18, 2010 Filing 205 NOTICE by Sepracor Inc., UCB S.A. and UCB, Inc. re #204 PROPOSED SEALED Exhibit 1 and 3 (Boyle, W.).
May 18, 2010 Filing 204 **SEALED PER ORDER OF JUDGE WEBB 7/27/2010** SEALED Exhibit 1 by Plaintiffs Sepracor Inc., UCB S.A. and UCB, Inc. re #203 Memorandum in Support. (Attachments: #1 Exhibit 3: Part 1, #2 Exhibit 3 a: Part 2, #3 Exhibit 3 b: Part 3) (Boyle, W.). Modified on 7/28/2010 (Heath, D.).
May 18, 2010 Filing 203 **SEALED PER ORDER OF JUDGE WEBB 7/27/2010** Memorandum in Support re #202 MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER filed by Sepracor Inc., UCB S.A. and UCB, Inc. (Attachments: #1 Exhibit 2: March 29, 2010 letter, #2 Exhibit 4: April 9, 2010 letter, #3 Exhibit 5: April 26, 2010 letter, #4 Exhibit 6: April 27, 2010 email, #5 Exhibit 7: May 13, 2010 email, #6 Exhibit 8: Wyeth v. Sandoz, Inc.) (Boyle, W.). Modified on 6/30/2010 (Skinner, J.). Modified on 7/28/2010 (Heath, D.).
May 18, 2010 Filing 202 **SEALED PER ORDER OF JUDGE WEBB 7/27/2010** MOTION TO REOPEN DISCOVERY REGARDING SANDOZ'S SECTION VIII STATEMENT AND TO MODIFY THE PROTECTIVE ORDER by Sepracor Inc., UCB S.A. and UCB, Inc. (Boyle, W.). Modified on 6/30/2010 (Skinner, J.). Modified on 7/28/2010 (Heath, D.).
May 7, 2010 Opinion or Order Filing 201 ORDER - This Cause comes before the Court sua sponte. The Markman hearing in this matter scheduled for Monday, May 24, 2010 at 9:00 a.m. in the 6th Floor Courtroom, Raleigh, North Carolina shall be held in the 5th Floor Courtroom, Raleigh, North Carolina. DONE AND ORDERED in Chambers at Raleigh, North Carolina this 7th day of May, 2010. Copy to Shannon, Weebie, April, Shari and Jolie. Signed by USMJ William A. Webb on 5/7/2010. (Heath, D.)
April 30, 2010 Case manager sealed exhibits Z, DD, EE and FF of docket entry 189 as directed by Judge Webb. (Heath, D.)
April 30, 2010 Opinion or Order Filing 200 ORDER granting #194 Motion to Seal. The clerk is directed to seal exhibits Z, DD, EE, and FF of docket entry 189. Signed by USMJ William A. Webb on 4/30/2010. (CHAM, CB)
April 29, 2010 MOTIONS REFERRED: #194 MOTION to Seal #189 PROPOSED SEALED Document,, EXHIBITS Z, DD, EE, and FF forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
April 29, 2010 Opinion or Order Filing 198 ORDER - This Cause comes before the Court sua sponte. The Markman hearing in this matter currently scheduled for Friday, May 14, 2010 at 9:00 a.m. is hereby rescheduled to Monday, May 24, 2010 at 9:00 a.m. Copy to Shannon, Weebie, April, Shari and Jolie. Signed by USMJ William A. Webb on 4/29/2010. (Heath, D.)
April 28, 2010 NOTICE of Filing of Official Transcript #199 Transcript,,,. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
April 28, 2010 Filing 199 OFFICIAL TRANSCRIPT of STATUS CONFERENCE Proceedings held on 4/26/10, before Judge Webb. Transcriber Janice Russell. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 5/19/2010. Redacted Transcript Deadline set for 5/29/2010. Release of Transcript Restriction set for 7/27/2010. Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Steele, F.)
April 28, 2010 Filing 197 NOTICE of Appearance by Mark A. Ash on behalf of Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. (Ash, Mark)
April 27, 2010 Case manager sealed exhibits B and J of docket entry 178 and exhibit 21 of docket entry 180 as directed by Judge Webb. (Heath, D.)
April 27, 2010 Opinion or Order Filing 196 ORDER granting #184 Motion to Seal. The clerk is directed to seal exhibits B and J of docket entry 178 and exhibit 21 of docket entry 180. Signed by USMJ William A. Webb on 4/27/2010. (CHAM, CB)
April 26, 2010 Filing 195 Memorandum in Support re #194 MOTION to Seal #189 PROPOSED SEALED Document,, EXHIBITS Z, DD, EE, and FF filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
April 26, 2010 Filing 194 MOTION to Seal #189 PROPOSED SEALED Document,, EXHIBITS Z, DD, EE, and FF by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
April 26, 2010 MOTIONS REFERRED: #184 MOTION to Seal #180 PROPOSED SEALED Document and #178 PROPOSED SEALED Document forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
April 26, 2010 Opinion or Order Filing 193 ORDER - This matter comes before the court upon the parties request for a Markman determination. Pursuant to the courts order dated November 19, 2009 (DE-152), a status conference was held in this matter on April 26, 2010. In response to proposed dates given by the court, the parties have agreed that the Markman hearing should occur on Friday, May 14, 2010. IT IS HEREBY ORDERED the Markman hearing in this matter shall be held Friday, May 14, 2010 at 9:00 a.m. in the 6th Floor Courtroom, Raleigh. Calendar Copy. Copy to April, Shannon, Weebie, Shelia and Lisa. Signed by USMJ William A. Webb on 4/26/2010. (Heath, D.)
April 26, 2010 Filing 192 Minute Entry for proceedings held before USMJ William A. Webb: Status Conference held on 4/26/2010 in Raliegh. Jeff Lewis for Plaintiff and Jackson Nichols for Defendant. Court will issue order. (Court Reporter FTR.) (Bunn, A.)
April 19, 2010 Filing 191 NOTICE by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. (Filing of Exhibits to Defendants' Responsive Brief Concerning Claim Construction) (Attachments: #1 Exhibit V - Campoli-Richards et al., #2 Exhibit W - Rihoux & Dupont, #3 Exhibit BB - Plaintiffs' Preliminary Claim Constructions) (Morris, Robert)
April 19, 2010 Filing 190 NOTICE by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. re #189 PROPOSED SEALED Document,, (Morris, Robert)
April 19, 2010 Filing 189 PARTIALLY SEALED Document: Defendants' Responsive Brief Concerning Claim Construction by Consol Defendants Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Exhibit X - Gelfand deposition transcript excerpt, #2 Exhibit Y - Blaiss deposition transcript excerpt, #3 SEALED Exhibit Z - A420 Tables 12:1 and 12:2, #4 Exhibit AA - Gelfand Rebuttal Expert Report excerpt, #5 Exhibit CC - Dubuske Expert Report excerpt, #6 SEALED Exhibit DD - De Vos deposition transcript excerpts, #7 SEALED Exhibit EE - De Vos observational study Table 6.1.D.5 excerpt, #8 SEALED Exhibit FF - Gray deposition transcript excerpts) (Morris, Robert) Modified on 4/30/2010 to seal exhibits Z, DD, EE, and FF (Heath, D.).
April 19, 2010 Filing 188 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #186 PROPOSED SEALED Response Remaining Exhibits to PLAINTIFFS' RESPONSIVE BRIEF IN SUPPORT OF THEIR PROPOSED CLAIM CONSTRUCTIONS that Are Publicly Filed (Attachments: #1 Exhibit 24: copy of 2007 WL 2484878 (unpublished)) (Boyle, W.)
April 19, 2010 Filing 187 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #186 PROPOSED SEALED Response for PLAINTIFFS' RESPONSIVE BRIEF IN SUPPORT OF THEIR PROPOSED CLAIM CONSTRUCTIONS (Boyle, W.)
April 19, 2010 Filing 186 PROPOSED SEALED RESPONSE by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit 22: deposition of Dr. Gefland, #2 Exhibit 25: expert report of Dr. Leysen, #3 Exhibit 26: rebuttal expert report Dr. Blaiss) (Boyle, W.)
March 29, 2010 Filing 185 Memorandum in Support re #184 MOTION to Seal #180 PROPOSED SEALED Document,,, #178 PROPOSED SEALED Document,, filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: # 1 Text of Proposed Order) (Boyle, W.) (Additional attachment(s) added on 4/1/2010: #2 Memorandum In Support) (Heath, D.). (Additional attachment(s) added on 4/1/2010: #3 Proposed Order) (Heath, D.).
March 29, 2010 Filing 184 MOTION to Seal #180 PROPOSED SEALED Document,,, #178 PROPOSED SEALED Document,, by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.) (Additional attachment(s) added on 4/1/2010: #1 Motion to Seal) (Heath, D.).
March 22, 2010 Filing 183 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #180 PROPOSED SEALED Document,,, Remaining Exhibits to Plaintiffs' Opening Brief in Support of Their Proposed Claim Constructions That Are Publicly Filed (Attachments: #1 Exhibit 2: Annals of Allergy article, #2 Exhibit 4: Journal of Allergy article, #3 Exhibit 7: Cetirizine article, #4 Exhibit 9: British Journal of clinical pharmacy, #5 Exhibit 10: Troxler Elec. Labs. v. Pine Instr. Co. 2005 WL 6291910, #6 Exhibit 15: Annals of Allergy article, #7 Exhibit 17: USP 5,478,941, #8 Exhibit 18: PLI article on patent claim drafting, #9 Exhibit 19: manual of patent examining procedure, #10 Exhibit 16a: USP 5,698,558 File History, #11 Exhibit 16b: USP 5,698,558 File History, #12 Exhibit 16c: USP 5,698,558 File History, #13 Exhibit 16d: USP 5,698,558 File History, #14 Exhibit 16e: USP 5,698,558 File History) (Boyle, W.)
March 22, 2010 Filing 182 NOTICE by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. re #178 PROPOSED SEALED Document,, (Filing of Exhibits to Defendants' Opening Brief Concerning Claim Construction) (Attachments: #1 Exhibit A - U.S. Patent No. 5,698,558, #2 Exhibit C - Original Claims in Prosecution History of U.S. Patent No. 5,627,183, #3 Exhibit D - Office Action 11/13/92 in '558 Patent Prosecution History, #4 Exhibit E - Office Action 2/3/95 in '558 Patent Prosecution History, #5 Exhibit F - Preliminary Amendment 1/27/97 in '558 Patent Prosecution History, #6 Exhibit G - Notice of Allowance in '558 Patent Prosecution History, #7 Exhibit H - Joint Claim Construction Statement, #8 Exhibit I - Original Patent Application of '558 Patent, #9 Exhibit O - Screen Print of MedDRA (Medical Dictionary for Regulatory Activities) Terminology, #10 Exhibit R - Casale, et al., #11 Exhibit S - Gillard, et al., #12 Exhibit T - Gillard, et al.) (Morris, Robert)
March 22, 2010 Filing 181 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #180 PROPOSED SEALED Document,,, (Boyle, W.)
March 22, 2010 Filing 180 Plaintiffs' Opening Brief in Support of Their Proposed Claim Constructions by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc., Sepracor Inc., UCB S.A., UCB, Inc., Sepracor Inc., UCB S.A., UCB, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit 3: rebuttal expert report Prof. Walsh, #2 Exhibit 5: expert report Dr. Gelfand, #3 Exhibit 6: rebuttal expert report Dr. Blaiss, #4 Exhibit 8: expert report Dr. Blaiss, #5 Exhibit 11: expert report Lipinski, #6 Exhibit 12: deposition of Dr. Gelfand, #7 Exhibit 13: expert report Prof. Hindmarch, #8 Exhibit 14: deposition of Dr. Hindmarch, #9 Exhibit 20: rebuttal expert report Dr. Gelfand, #10 SEALED Exhibit 21: deposition of Dr. Hansen)Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Boyle, W.) Modified on 4/27/2010 to seal exhibit 21 per Order of Judge Webb entered 4/27/2010 and remove the words "Proposed Sealed Document"(Heath, D.).
March 22, 2010 Filing 179 NOTICE by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. re #178 PROPOSED SEALED Document,, (Morris, Robert)
March 22, 2010 Filing 178 Defendants' Opening Brief Concerning Claim Construction by Consol Defendants Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 SEALED Exhibit B - Gray Deposition Transcript Excerpts, #2 SEALED Exhibit J - Hansen Deposition Transcript Excerpt, #3 Exhibit K - Blaiss Deposition Transcript Excerpts, #4 Exhibit L - Walsh Deposition Transcript Excerpts, #5 Exhibit M - De Vos Deposition Transcript Excerpt, #6 Exhibit N - Boev Deposition Transcript Excerpt, #7 Exhibit Gelfand Expert Report Excerpt, #8 Exhibit Q - Gelfand Rebuttal Expert Report Excerpt, #9 Exhibit U - Christophe Deposition Transcript Excerpt) (Morris, Robert) Modified on 4/27/2010 to seal exhibits B and J per Order of Judge Webb entered 4/27/2010 and remove the words "Proposed Sealed Document". (Heath, D.).
March 16, 2010 Filing 177 FINANCIAL DISCLOSURE STATEMENT by Sepracor Inc., UCB S.A., UCB, Inc. (Boyle, W.)
February 25, 2010 Filing 176 CLAIM Joint Claim Construction Statement by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
February 18, 2010 Opinion or Order Filing 175 ORDER granting #174 Joint Motion to Amend Scheduling Order. Joint claim construction statements are now due February 25, 2010. All other deadlines pursuant to the scheduling order [DE-152] shall remain in effect. Signed by USMJ William A. Webb on 2/18/2010. (CHAM, CB)
February 17, 2010 MOTIONS REFERRED: #174 Joint MOTION to Amend #152 Order on Motion for Leave to File forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
February 17, 2010 Filing 174 Joint MOTION to Amend/Correct #152 Order on Motion for Leave to File,,,,,,,,,,,,,,,,,, Order on Motion to Strike,,,,,,,,, Order on Motion to Amend/Correct,,,,,,,, by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Boyle, W.)
February 4, 2010 Filing 173 SEALED Document: "Unredacted" Amended Answer and Counterclaims of Sandoz, Inc. re 172 Order on Motion to Seal Document, by Consol Defendant Sandoz, Inc., Consol Counter Claimant Sandoz, Inc., Counter Claimant Sandoz, Inc.. (Allen, F.) Modified on 2/5/2010 to remove the word "PROPOSED" from the docket text (D.Heath).
January 27, 2010 Opinion or Order Filing 172 ORDER granting #169 Motion to Seal Document. Pursuant to the analysis in the court's order, dated January 4, 2010, [DE- 163], Sandoz's motion to seal its unredacted amended answer and counterclaim is GRANTED. Signed by USMJ William A. Webb on 1/27/2010. (CHAM, CB)
January 21, 2010 MOTIONS REFERRED: #169 MOTION to Seal Document [Amended Answer and Counterclaims of Sandoz (Unredacted)]forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
January 21, 2010 Filing 171 PLAINTIFFS' ANSWER to #165 Answer to Complaint, Counterclaim OF SYNTHON DEFENDANTS by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
January 21, 2010 Filing 170 PLAINTIFFS' ANSWER to #167 Answer to Complaint, Counterclaim OF DEFENDANT SANDOZ by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
January 11, 2010 Filing 169 MOTION to Seal Document [Amended Answer and Counterclaims of Sandoz (Unredacted)] by Sandoz, Inc.. (Attachments: #1 Text of Proposed Order) (Allen, F.)
January 8, 2010 Filing 168 NOTICE by Sandoz, Inc. Of Service Of Unredacted Copy Of Defendant Sandoz Inc.'s Amended Answer And Counterclaims (Allen, F.)
January 8, 2010 Filing 167 AMENDED ANSWER to #1 Complaint, AND, COUNTERCLAIM S against all plaintiffs by Sandoz, Inc.. (Allen, F.)
January 7, 2010 Filing 166 NOTICE by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. of Service of Unredacted Copy of First Amended Answer and Counterclaims [DE 165] (Morris, Robert)
January 7, 2010 Filing 165 First Amended ANSWER to Complaint, COUNTERCLAIM (Redacted Pursuant to Court Order) against UCB S.A., UCB, Inc. by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
January 5, 2010 Filing 164 SEALED REDACTED copy of defendants' First Amended Answer and Counterclaims. (Attachments: #1 Part 2 - Sealed Redacted First Amended Answer and Counterclaims, #2 Part 3 - Sealed Redacted First Amended Answer and Counterclaims) (Heath, D.)
January 4, 2010 Opinion or Order Filing 163 ORDER granting #156 Motion for Leave to File and Motion to Redact Portions of Defendants' First Amended Answers and Counterclaims #157 . IT IS HEREBY ORDERED that Synthon shall file its amended answer and counterclaims in accordance with the proposed redactions submitted by Sepracor and that Synthon shall serve both the unredacted and redacted copies of the amended answer and counterclaims on Sepracor. It is FURTHER ORDERED that the Clerk electronically file the redacted copy. Counsel served. Signed by USMJ William A. Webb on 1/4/2010. (Heath, D.)
December 23, 2009 Opinion or Order Filing 162 ORDER re: production of documents. Counsel served. Signed by USMJ William A. Webb on 12/23/2009. (Heath, D.)
December 17, 2009 Opinion or Order Filing 161 ORDER. Signed by USMJ William A. Webb on 12/17/09. (CHAM, BH)
December 10, 2009 Filing 160 RESPONSE in Opposition re #156 MOTION for Leave to File DOCUMENT UNDER SEAL and re #157 Motion to Redact Portions of Defendants' First Amended Answers and Counterclaims filed by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
December 1, 2009 Filing 159 PROPOSED SEALED Document: Plaintiffs' Proposed Redactions to Synthon's Exhibit 1 by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #156 MOTION for Leave to File DOCUMENT UNDER SEAL. (Heath, D.)
December 1, 2009 Filing 158 Memorandum in Support OF PLAINTIFFS' MOTION TO REDACT PORTIONS OF DEFEDANTS' FIRST AMENDED ANSWERS AND COUNTERCLAIMS filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit Exhbit 1 - Case) (Boyle, W.)
December 1, 2009 Filing 157 REDACTION MOTION TO REDACT PORTIONS OF DEFENDANTS' FIRST AMENDED ANSWERS AND COUNTERCLAIMS by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
December 1, 2009 Filing 156 MOTION for Leave to File DOCUMENT UNDER SEAL by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit Exhibit A Proposed Order) (Boyle, W.)
November 24, 2009 Opinion or Order Filing 155 ORDER granting #154 Motion for Extension of Time. Signed by USMJ William A. Webb on 11/24/2009. (CHAM, CB)
November 24, 2009 MOTIONS REFERRED: #154 Consent MOTION for Extension of Time to Produce to the Court Translations of the Documents Written in Foreign Languages Pursuant to the Court's Order of November 19, 2009 forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
November 23, 2009 Filing 154 Consent MOTION for Extension of Time to Produce to the Court Translations of the Documents Written in Foreign Languages Pursuant to the Court's Order of November 19, 2009 by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A: proposed order) (Boyle, W.)
November 19, 2009 Opinion or Order Filing 153 ORDER - denying as moot #149 Synthon's Unopposed Motion to Amend Scheduling Order to Expedite Resolution of the Case and Memorandum in Support of Motion. Counsel served. Signed by USMJ William A. Webb on 11/19/2009. (Heath, D.)
November 19, 2009 Opinion or Order Filing 152 ORDER granting in part and denying in part #58 ; granting #86 Motion for Leave to File; granting #91 Motion for Leave to File; denying #102 Motion to Strike ; granting #135 Motion to Amend/Correct. IT IS HEREBY ORDERED that Synthon's Motion to Compel Production of Documents Withheld as Privileged #58 is GRANTED IN PART and DENIED IN PART; Synthon's Motion to Strike Portions of Expert Report #102 is DENIED; Synthon's Motion for Leave to File an Amended Answer and Counterclaims #86 is GRANTED; Sandoz's Motion for Leave to File its Amended Answer and Counterclaims #91 is GRANTED; and, the parties' Joint Motion to Amend Scheduling Order #135 is GRANTED. IT IS FURTHER ORDERED that Separcor is directed to provide proposed redactins to the documents ordered disclosed containing handwritten notes or confidential information to this court for inspection no later than December 1, 2009; Sepracor shall produce document 352 to Snython no later than December 1, 2009; Sepracor is directed to produce translations of the documents written in foreign languages to this court for inspection no later than December 1, 2009; Sepracor shall file a motion to seal and supporting memoranda regarding its position on Synthon's request that the amended answer and counterclaims be filed publically and without restriction no later than December 1, 2009; and Synthon and Sandoz shall respond to Sepracor's motion to seal no later than December 10, 2009. The following deadlines will apply: 1. Joint claim construction statements are now due February 18, 2010. 2. Opening claim construction briefs are now due March 22, 2010. 3. Responsive claim construction briefs are now due April 19, 2010. 4. A status conference will be held on April 26, 2010 at 8:30 am. The court will set a date for the Markman hearing at this time. Counsel Served. Calendar Copy. Copy to Shannon, Weebie, April, Shari, Laura and Jolie. Signed by USMJ William A. Webb on 11/18/2009. (Heath, D.)
November 16, 2009 ** #151 Reply to Response to Motion to Amend forwarded to Judge Webb. (Heath, D.)
November 16, 2009 Filing 151 REPLY to Response to Motion re #149 MOTION To Amend Scheduling Order to Expedite Resolution of Case (Unopposed) and Memorandum in Support filed by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
November 13, 2009 MOTIONS REFERRED: #149 MOTION To Amend Scheduling Order to Expedite Resolution of Case (Unopposed) and Memorandum in Support forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
November 9, 2009 Filing 150 RESPONSE to Motion re #149 MOTION To Amend Scheduling Order to Expedite Resolution of Case (Unopposed) and Memorandum in Support filed by UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Patent and Exclusivity Data) (Boyle, W.)
November 9, 2009 Filing 149 MOTION To Amend Scheduling Order to Expedite Resolution of Case (Unopposed) and Memorandum in Support by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
October 20, 2009 Opinion or Order Pursuant to the Orders entered by Judge Webb 10/20/2009, [DE 147] and [DE 148], case manager edited the docket text in [DE 143] and [DE 144] to reflect these entries are officially SEALED and no longer proposed sealed entries. (Heath, D.)
October 20, 2009 Opinion or Order Filing 148 ORDER granting #140 Motion to Seal Document. Signed by USMJ William A. Webb on 10/20/09. (CHAM, CB)
October 20, 2009 Opinion or Order Filing 147 ORDER granting #141 Motion to Seal. Signed by USMJ William A. Webb on 10/20/09. (CHAM, CB)
August 28, 2009 NOTICE of Filing of Official Transcript #146 Transcript,,. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
August 28, 2009 Filing 146 OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 8/26/09, before Judge Webb. Court Reporter Patti McCullock. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 9/18/2009. Redacted Transcript Deadline set for 9/28/2009. Release of Transcript Restriction set for 11/27/2009. (Steele, F.)
August 26, 2009 Filing 145 Minute Entry for proceedings held before USMJ William A. Webb: Motion Hearing held on 8/26/2009 re #130 MOTION for Oral Argument re #102 MOTION to Strike Portions of Expert Reports filed by Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Synthon Pharmaceuticals, Inc.. Tim in Court: 1 hr., 55 min. (Court Reporter Patti McCullock.) (Berryhill, E.)
August 24, 2009 Opinion or Order Filing 144 **SEALED PURSUANT TO ORDER ENTERED BY JUDGE WEBB 10/20/2009 AT [DE 148]** Supplemental Memorandum In Opposition to Synthon's Motion to Strike Portions of Expert Reports filed by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit M - Rebuttal Expert Report Dr. Gelfan, #2 Exhibit N - Rebuttal Expert Report Josee Eleysen, #3 Exhibit O - Deposition Excerpt Dr. Blaiss, #4 Exhibit P - Access4all v. W and D Investment, #5 Exhibit Q - ArmorScreen v. StormCather Inc., #6 Exhibit R - Exhibit to Report of Josee Eleysen, #7 Exhibit S - Exhibit to Report of Professor Ian Hindmarch, #8 Exhibit T - Expert Report of Josee Eleysen, #9 Exhibit U - Expert Report of Dr. Erwin Gelf, #10 Exhibit V - Expert Report of Karla Traul, #11 Exhibit W - Deposition Excerpts Eugene Baltes, #12 Exhibit X - Canonica, et al, #13 Exhibit Y - Exhibit B to Expert Report Dr. Erwin Gelf, #14 Exhibit Z - Deposition Excerpts Dr. Erwin Gelf, #15 Exhibit AA - Expert Rebuttal Report Garry Walsh, #16 Exhibit BB - Holgate, et al, #17 Exhibit CC - Wang, et al, #18 Exhibit DD - Deposition Excerpts Christine DeVos, #19 Exhibit EE - Bachert, et al, #20 Exhibit FF - 9-25-97 Memo, #21 Exhibit GG - 8-28-98 Minutes, #22 Cover Letter) (Heath, D.) Modified on 10/20/2009 (Heath, D.).
August 24, 2009 Opinion or Order Filing 143 **SEALED PURSUANT TO ORDER ENTERED 10/20/2009 BY JUDGE WEBB AT [DE 147]** Supplemental Memorandum in Support of Motion to Strike Portions of Expert Reports by Consol Defendants Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Synthons Proposed Supplemental Memorandum with attached Appendix A and Exhibit 20 and 21, #2 Proposed Sealed Document - Exhbit 22 and 23, #3 Proposed Sealed Memorandum - Exhibit 24, 25 and 26, #4 Proposed Sealed Memorandum - Exhibit 27, #5 Proposed Sealed Memorandum - Exhibit 28, #6 Proposed Sealed Memorandum - Exhibit 29, #7 Cover Letter) (Heath, D.)
August 24, 2009 MOTIONS REFERRED: #141 MOTION to Seal Synthon's Supplemental Memorandum in Support of Its Motion to Strike Portions of Expert Reports #140 MOTION to Seal Document MOTION TO FILE DOCUMENT UNDER SEAL forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
August 21, 2009 Filing 142 Memorandum in Support re #141 MOTION to Seal Synthon's Supplemental Memorandum in Support of Its Motion to Strike Portions of Expert Reports filed by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
August 21, 2009 Filing 141 MOTION to Seal Synthon's Supplemental Memorandum in Support of Its Motion to Strike Portions of Expert Reports by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morris, Robert)
August 21, 2009 Filing 140 MOTION to Seal Document MOTION TO FILE DOCUMENT UNDER SEAL by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order) (Boyle, W.)
August 12, 2009 Opinion or Order Filing 139 ORDER granting #58 Motion to Compel. Plaintiffs are directed to produce for an in camera inspection by the Court all documents which remain in dispute together with the privilege logs through which Sepracor informed Synthon the disputed documents were privilege. Plaintiffs are to produce the documents and logs no later than Monday, August 17, 2009. Counsel served by NEF. Signed by USMJ William A. Webb on 8/12/2009. (Heath, D.)
August 12, 2009 Opinion or Order Filing 138 ORDER granting #130 Motion for Oral Argument and granting #136 Motion for Joinder. A hearing shall be held on Wednesday, August 26, 2009 at 8:30 a.m., 6th Floor Courtroom, Raleigh. Each party may file supplemental briefs regarding the issues to be presented no later than Friday, August 21, 2009. Counsel served by NEF. Copy forwarded to Shannon, Weebie, Shari & Laura. Signed by USMJ William A. Webb on 8/12/2009. (Heath, D.)
August 12, 2009 MOTIONS REFERRED: #136 MOTION for Joinder IN SYNTHON'S MOTION TO STRIKE PORTIONS OF EXPERT REPORTS forwarded to Judge Webb for consideration and Notice of Subsequently Decided Authority forwarded to Judge Webb. Motions referred to William A. Webb. (Heath, D.)
August 11, 2009 Filing 137 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. OF CITATION TO SUBSEQUENTLY DECIDED AUTHORITY (Attachments: #1 Exhibit A Exergen Corp. v. Wal-Mart Stores, et al.) (Boyle, W.)
August 11, 2009 Filing 136 MOTION for Joinder IN SYNTHON'S MOTION TO STRIKE PORTIONS OF EXPERT REPORTS by Sandoz, Inc.. (Allen, F.)
August 11, 2009 MOTIONS REFERRED: #135 Joint MOTION to Amend/Correct #48 Order on Motion to Amend/Correct SCHEDULING ORDER and #134 Notice of Selection of Proposed Special Master for Privilege Issues forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
August 10, 2009 Filing 135 Joint MOTION to Amend/Correct #48 Order on Motion to Amend/Correct,, SCHEDULING ORDER by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order Order) (Boyle, W.)
August 10, 2009 Filing 134 NOTICE by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc. of Selection of Proposed Special Master for Privilege Issues (Attachments: #1 Exhibit Tables Identifying Documents in Dispute (Updated), #2 Exhibit Curriculum Vitae - James F. Davis) (Morris, Robert)
August 7, 2009 Copies of DE #132 Status Report Regarding Selection of Special Master for Privilege Issues and DE #133 Plaintiff's Opposition to Synthons Request for Oral Argument and Cross-Motion to Strike sent to USMJ Webb for consideration. (Lee, L.)
August 7, 2009 Filing 133 RESPONSE in Opposition re #130 MOTION for Oral Argument re #102 MOTION to Strike Portions of Expert Reports and Cross-Motion to Strike filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Copenhaver, W.)
August 5, 2009 Filing 132 STATUS REPORT Regarding Selection of Special Master for Privilege Issues by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Morris, Robert)
July 30, 2009 Filing 131 STATUS REPORT Narrowing Issues in Dispute by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit Charts Showing Documents Remaining in Dispute) (Morris, Robert)
July 27, 2009 MOTIONS REFERRED: #130 MOTION for Oral Argument re #102 MOTION to Strike Portions of Expert Reportsforwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
July 27, 2009 Filing 130 MOTION for Oral Argument re #102 MOTION to Strike Portions of Expert Reports by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
July 23, 2009 Opinion or Order Filing 129 ORDER denying #119 Motion to Strike. Based on the undersigned's July 14, 2009 Order, docket entry 95 is stricken from the record. The Clerk of Court is ORDERED to strike from the record in this case any reply or sur-reply which relates to a discovery dispute. Finally, the Clerk of Court is ORDERED to strike from the record any other document addressed in the undersigned's July 1, 2009 Order in which leave to file (or file under seal) was denied. Counsel served by NEF. Signed by USMJ William A. Webb on 7/23/2009. (Heath, D.)
July 23, 2009 Opinion or Order Filing 128 ORDER denying as moot #52 Motion to Compel. Counsel served by NEF. Signed by USMJ William A. Webb on 7/23/2009. (Heath, D.)
July 21, 2009 Opinion or Order Filing 127 ORDER - This cause comes before the Court upon the "joint submission concerning efforts to narrow issues in dispute" filed by the parties. The undersigned has reviewed the proposed deadlines presented in this filing and finds them acceptable. Accordingly, those deadlines are adopted as the order of the Court. Counsel served by NEF. Signed by USMJ William A. Webb on 7/21/2009. (Heath, D.)
July 20, 2009 Filing 126 STATUS REPORT Concerning Efforts to Narrow Issues in Dispute by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Morris, Robert)
July 20, 2009 Filing 125 STIPULATION OF DISCOVERY RESOLVING PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANT SANDOZ by Sandoz, Inc., Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
July 20, 2009 MOTIONS REFERRED: #119 MOTION to Strike #95 SEALED PROPOSED Document, PLAINTIFFS' CITATION TO SUPPLEMENTAL FACTS CONCERNING PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANT SANDOZforwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
July 17, 2009 Filing 122 Minute Entry for proceedings held before USMJ William A. Webb: Motion Hearing held on 7/17/2009 re #52 MOTION to Compel Production of Documents from Defendant Sandoz filed by UCB S.A., UCB, Inc., Sepracor Inc. (Court Reporter Sharon Kroeger.) (Bunn, A.)
July 16, 2009 NOTICE OF CORRECTION re: #124 SEALED Response. Duplicate Entry - disregard. (Heath, D.)
July 16, 2009 Filing 124 **DUPLICATE ENTRY - DISREGARD - SEE DE #123** SEALED RESPONSE by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. to [DE #102} Motion to Strike. (Attachments: #1 Exhibit C - Excerpts Deposition Catherine Arendt, #2 Exhibit D - Excerpts Deposition of Patricia Fritz, #3 Exhibit E - 8/27/2005 Email, #4 Exhibit F - De Vos, #5 Exhibit G - Excerpts Deposition of Charistine De Vos, #6 Exhibit H - Excerpts Deposition Catherine Arendt, #7 Exhibit I - Excerpts Deposition Rossen Boev, #8 Exhibit J - Zyzal Publication, #9 Cover Letter) (Heath, D.) Modified on 7/17/2009 (Heath, D.).
July 16, 2009 Filing 123 SEALED RESPONSE - Plaintiff's Opposition to Synthon's Motion to Strike. (Attachments: #1 Exhibit C - Deposition excerpts Catherine Arendt, #2 Exhibit D - Excerpts Deposition Patricia Fritz, #3 Exhibit E - 8/27/2005 email, #4 Exhibit F - DeVos, #5 Exhibit G - Exceprts Deposition Christine DeVos, #6 Exhibit H - Excerpts Deposition Catherine Arendt, #7 Exhibit I - Excerpts Deposition Rosen Boev, #8 Exhibit J - Update of xzyal publication, #9 Cover Letter) (Heath, D.)
July 16, 2009 Filing 121 FINANCIAL DISCLOSURE STATEMENT by Sandoz, Inc.. (Allen, F.)
July 16, 2009 Filing 120 NOTICE of Appearance for non-district by F. Hill Allen, IV on behalf of Sandoz, Inc. (Allen, F.)
July 15, 2009 Filing 119 MOTION to Strike #95 SEALED PROPOSED Document, PLAINTIFFS' CITATION TO SUPPLEMENTAL FACTS CONCERNING PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANT SANDOZ by Sandoz, Inc.. (Allen, F.)
July 15, 2009 MOTIONS REFERRED: #102 MOTION to Strike Portions of Expert Reportsforwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
July 14, 2009 Opinion or Order SEALED DOCUMENT - NO IMAGE ATTACHED. SEE DE #110 FOR IMAGE. Memorandum In Support of Synthon's Motion to Strike Portions of Expert Reports. Sealing of DE #110 allowed in the Order entered by Judge Webb 7/14/2009 [DE #116]. (Heath, D.)
July 14, 2009 Filing 118 SEALED Document: Reply to Motion to Seal by Consol Defendants Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. (Heath, D.)
July 14, 2009 Filing 117 SEALED Document: Combined Response In Opposition by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. (Heath, D.)
July 14, 2009 Opinion or Order Filing 116 ORDER - Defendant Sun is not required to attend the July 17, 2009 hearing. Granting #98 Motion to Seal Document ; granting #103 Motion to Seal; granting #105 Motion to Seal; denying as moot #112 Motion ; granting #114 Motion for Leave to File. Counsel served by NEF. Signed by USMJ William A. Webb on 7/14/2009. (Heath, D.)
July 13, 2009 Opinion or Order Filing 115 ORDER - This cause comes before the Court sua sponte. The undersigned has been requested to review this matter to determine whether it should be consolidated with Sepracor, Inc., et al v. Barr Pharmaceuticals, Inc., et al 5:08-CV-362-H ("Consolidated Sepracor Cases"). The parties in both this case and the Consolidated Sepracor Cases are instructed to file memoranda stating their position on this issue no later than July 29, 2009. Counsel served by NEF. Signed by USMJ William A. Webb on 7/13/2009. (Heath, D.)
July 13, 2009 Filing 114 MOTION for Leave to File DOCUMENT UNDER SEAL by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Exhibit A to Plaintiffs' Opposition, #3 Exhibit C - Exhibit B to Plainitffs' Opposition, #4 Exhibit D - Exhibit K to Plaintiffs' Opposition, #5 Exhibit E - Exhibit L to Plaintiffs' Opposition) (Boyle, W.)
July 13, 2009 MOTIONS REFERRED: #98 MOTION to Seal Document #90 SEALED PROPOSED Document, #87 Memorandum in Support, (Combined Opposition to Motions)forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
July 13, 2009 MOTIONS REFERRED: #112 MOTION for Oral Argument re #58 MOTION to Compel Production of Documents Withheld as Privileged by Plaintiffs, #86 MOTION for Leave to File an Amended Answer and Counterclaims, #91 First MOTION for Leave to File Amended Answer and Counterclaimsforwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
July 13, 2009 Opinion or Order Filing 113 ORDER Setting Hearing on Motion Motion Hearing set for 7/17/2009 08:00 AM in Raleigh - 6th Floor Courtroom before USMJ William A. Webb. Signed by USMJ William A. Webb on 07/13/09. (CHAM, BH)
July 9, 2009 Filing 112 MOTION for Oral Argument re #58 MOTION to Compel Production of Documents Withheld as Privileged by Plaintiffs by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
July 8, 2009 **COUNSEL PLEASE DISREGARD ENTRY** NOTICE TO COUNSEL - Per instructions from Judge Howard, the motion to dismiss filed June 15, 2009, {DE #99}, is not necessary as counsel previsouly filed a Stipulation of Dismissal May 22, 2009, {DE #92}, as to the defendant Sun Pharmaceutical Industries, Ltd. The defendant Sun Pharmaceutical Industries, Ltd. was deleted from the case May 22, 2009. (Heath, D.) Modified on 12/9/2010 to add "disregard" language per instructions from chambers. (Heath, D.).
July 7, 2009 Motions Submitted: #99 MOTION to Dismiss Sun Pharmaceutical Industries, Ltd. (Unopposed)forwarded to Judge Howard for consideration. (Heath, D.)
July 1, 2009 Filing 111 PROPOSED SEALED Document: Reply by Consol Defendants Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. re #105 MOTION to Seal Defendants' Reply in Further Support of Their Motions for Leave to File Amended Answer and Counterclaims. (Attachments: #1 Exhibit 1 - Continuation of Reply, #2 Exhibit 2 - Interoffice Memo to Carlson, #3 Exhibit 3 - Interoffice Memo to DSB, #4 Exibit 4 - ICE Meeting 8/12/1999, #5 Exhibit 5 - Videotape Deposition Thomas P. Jerussi, #6 Exhibit 6 - Letter to Mr. Yelle, #7 Exhibit 7 - Memo to Jim O'Shea 10/29/1999, #8 Exhibit 8 - Letter dated 5/28/2009, #9 Exhibit 9 - Bulletin De Service, #10 Exhibit 10 - Report Cetirizine HCI Tablet, #11 Exhibit 11 - Videotape Deposition of Eugene Baltes, #12 Exhibit 12 - Deposition of Philip Hansen, Ph.D., #13 Exhibit 13 - Lexis Nexis Opinion) (Heath, D.)
July 1, 2009 Filing 109 SEALED Exhibit 1 by Consolidated Defendants Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. (Heath, D.)
July 1, 2009 Filing 108 SEALED Document: Sealed Memorandum In Opposition to Motion to Compel by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc.. (Heath, D.)
July 1, 2009 Opinion or Order Filing 107 ORDER granting #73 Motion to Seal Document ; denying #78 Motion for Leave to File; denying #79 Motion to Seal Document ; denying #84 Motion to Seal Exhibit A ; granting #88 Motion to Seal and denying #94 Motion to Seal Document. Counsel served by NEF. Signed by USMJ William A. Webb on 7/1/2009. (Heath, D.)
June 30, 2009 Opinion or Order Filing 110 SEALED Document: **SEE ORDER ENTERED BY JUDGE WEBB 7/14/2009 [DE #116] ALLOWING THE SEALING OF THIS DOCUMENT** CASE MANAGER REMOVED THE WORD "PROPOSED" FROM THE TEXT WINDOW. Memorandum In Support of #102 by Consol Defendants Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. re #102 MOTION to Strike Portions of Expert Reports. (Attachments: #1 Exhibit 1- Part 1 - Defendant Synthon's Disclosure, #2 Exhibit 1 - Part 2 - Continuation of Synthon's Disclosures, #3 Exhibit 2 - Plaintiff's Disclosures, #4 Exhibit 3 - Highlights of Prescribing Information, #5 Exhibit 4 - Letter Dated 9/4/2008, #6 Exhibit 5 - Letter dated 5/11/2009, #7 Exhibit 6 - Letter dated 5/14/2009, #8 Exhibit 7 - Synthon's First Set of Interrogatories, #9 Exhibit 8 - Plaintiff's Response to First Set of Interrogatories (Nos. 1-18), #10 Exhibit 9 - Notice of Deposition, #11 Exhibit 10 - Videotape Deposition of Christine De Vos, #12 Exhibit 11 - Videotape Deposition of Rossen Boev, #13 Exhibit 12 - Exper Report Michael S. Blaiss M.D., #14 Exhibit 13 - Expert Report Lawrence Dubuske, M.D., #15 Exhibit 14 - Letter 4/9/2009, #16 Exhibit 15 - Letter 6/22/2009, #17 Exhibit 16 - Levocetirizine as Treatment for Allergic Rhinitis, #18 Exhibit 17 - Letter dated 6/11/2009, #19 Exhibit 18 - Letter dated 6/10/2009, #20 Exhibit 19 - Letter dated 6/26/2009, #21 Cover Letter) (Heath, D.)
June 29, 2009 Filing 106 Memorandum in Support re #105 MOTION to Seal Defendants' Reply in Further Support of Their Motions for Leave to File Amended Answer and Counterclaims filed by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
June 29, 2009 Filing 105 MOTION to Seal Defendants' Reply in Further Support of Their Motions for Leave to File Amended Answer and Counterclaims by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morris, Robert)
June 26, 2009 Filing 104 Memorandum in Support re #103 MOTION to Seal Memorandum in Support of Synthon's Motion to Strike Portions of Expert Reports filed by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
June 26, 2009 Filing 103 MOTION to Seal Memorandum in Support of Synthon's Motion to Strike Portions of Expert Reports by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morris, Robert)
June 26, 2009 Filing 102 MOTION to Strike Portions of Expert Reports by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
June 23, 2009 MOTIONS REFERRED: #52 Motion to Compel; #55 Motion to Compel; #58 Motion to Compel; #73 Motion to Seal; #78 Motion for Leave to File Reply; #79 Motion to Seal; #84 Motion to Seal; #88 Motion to Seal and #94 Motion to Seal forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
June 22, 2009 Filing 101 PROPOSED SEALED DOCUMENT: re #73 Motion to Seal by Plaintiffs Sepracor Inc., UCB S.A. and UCB, Inc. (Attachments: #1 Exhibit List, #2 Exhibit 1 - Table of Privilege Log Entries, #3 Exhibit 2 - Letter From Hansen to Hupper 2/24/1994, #4 Exhibit 3 - Synthon Prividege Log Pages 85,88 and 122, #5 Exhibit 4 - Apsley v. Boeing Co. 05-1368, #6 Exhibit 5 - Chart of Alleged Third Parties, #7 Exhibit 6 - Declaration of Philip Hansen, #8 Exhibit 7 - Delclaration of Allen Norris 4/24/2009, #9 Exhibit 8 - Gunnar Aberg Deposition 3/31/2009, Selected Pages, #10 Exhibit 9 - Philip Hansen Rough Deposition Transcript 4/23/2009, Selected Pages, #11 Exhibit 10 - Letter From Tempesta to Shores, 3/30/2009, #12 Cover Letter) (Heath, D.)
June 18, 2009 Case manager called Mr. Boyle to request a hard copy of the proposed sealed document (Plaintiffs' Memorandum In Oppositon to Synthon's Motion to Compel) that goes with the Motion to Seal at [DE #73}. Counsel will Fed. Ex. a copy to the G'ville Clerk's Office today. (Heath, D.)
June 16, 2009 Filing 100 PROPOSED SEALED Document: Plaintiffs' Combined Opposition to Sandoz's Motion for Leave by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #98 MOTION to Seal Document #90 SEALED PROPOSED Document, #87 Memorandum in Support, (Combined Opposition to Motions). (Attachments: #1 Exhibit A - Office Action June 17, 1993, #2 Exhibit B - Excerpts from Deposition of Nancy Gray April 8, 2009, #3 Exhibit C - Cossement Patent 5,478,941, #4 Exhibit D - March 2004 Emails Regarding Cetirizine, #5 Exhibit E - Synthon Notice of Paragraph IV Certification for ANDA 90-229, #6 Exhibit F - Synthon Notice of Paragraph IV Certification for ANDA 91-263, #7 Exhibit G - Excerpts From Deposition of Christine De Vos May 7, 2009, #8 Exhibit H - Excerpts from Deposition of Gunnar Aberg March 31, 2009, #9 Exhibit I - Carlson Report November 17, 1994, #10 Exhibit J - Excerpts From Deposition of William Yelle April 6, 2009, #11 Exhibit K- Van Assche Letter to Yelle April 9, 1996, #12 Exhibit L - Yelle Lett to Van Assche April 24, 1996, #13 Exhibit M - U.S. License Agreement for Levocetirizine) (Heath, D.)
June 15, 2009 Filing 99 MOTION to Dismiss Sun Pharmaceutical Industries, Ltd. (Unopposed) by Sun Pharmaceutical Industries, Ltd.. (Attachments: #1 Text of Proposed Order) (Stevens, Eric)
June 15, 2009 Filing 98 MOTION to Seal Document #90 SEALED PROPOSED Document, #87 Memorandum in Support, (Combined Opposition to Motions) by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Boyle, W.)
June 8, 2009 Opinion or Order Filing 97 ORDER granting #86 Motion for Leave to File and granting #91 Motion for Leave to File. Plaintiffs shall have until June 15, 2009 to respond to both motions to file amended answer. Counsel served by NEF. Signed by USMJ William A. Webb on 6/8/2009. (Heath, D.)
June 5, 2009 MOTIONS REFERRED: #96 MOTION for Extension of Time to File Response as to #91 First MOTION for Leave forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
June 4, 2009 Filing 96 MOTION for Extension of Time to File Response/Reply as to #91 First MOTION for Leave to File Amended Answer and Counterclaims, #86 MOTION for Leave to File an Amended Answer and Counterclaims by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Boyle, W.)
June 1, 2009 Filing 95 **ENTRY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 14, 2009 [DE #116] AND JULY 23, 2009 [DE #129]** PROPOSED SEALED Document: Citation To Supplemental Facts by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #94 MOTION to Seal. (Attachments: #1 Exhibit 1 - Dias Transcript, #2 Exhibit 2 - Dias Transcript Continued, #3 Exhibit 3 - Dias Transcript Continued, #4 Exhibit 4 - Dias Transcript Continued, #5 Exhibit 5 - Domenco Draft) (Heath, D.)
May 28, 2009 Filing 94 **ENTERY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE# 107] AND JULY 23, 2009 [DE #129]** MOTION to Seal Document #52 MOTION to Compel Production of Documents from Defendant Sandoz (Citation to Supplemental Facts) by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Boyle, W.)
May 28, 2009 Filing 93 RESPONSE re #88 MOTION to Seal Exhibit filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Copenhaver, W.)
May 22, 2009 Case manager forwarded a copy of the Stipulation of Dismissal [DE #92], filed by Sepracor, Inc. to Judge Webb's Chamber. (Heath, D.)
May 22, 2009 Filing 92 STIPULATION of Dismissal as to Sun Pharmaceutical Industries, Ltd. by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
May 21, 2009 Filing 91 First MOTION for Leave to File Amended Answer and Counterclaims by Sandoz, Inc.. (Allen, F.)
May 21, 2009 Filing 90 PROPOSED SEALED Document: Exhibit 1 To Motion For Leave To File An Amended Answer and Counterclaim by Consol Defendants Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. re #88 MOTION to Seal Exhibit. (Attachments: #1 Cover Letter) (Heath, D.)
May 19, 2009 Filing 89 Memorandum in Support re #88 MOTION to Seal Exhibit filed by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
May 19, 2009 Filing 88 MOTION to Seal Exhibit by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morris, Robert)
May 19, 2009 Filing 87 Memorandum in Support re #86 MOTION for Leave to File an Amended Answer and Counterclaims filed by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Exhibit U.S. v. Webb) (Morris, Robert)
May 19, 2009 Filing 86 MOTION for Leave to File an Amended Answer and Counterclaims by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Exhibit First Amended Answer and Counterclaims (Proposed) (Submitted as Proposed Sealed Material)) (Morris, Robert)
May 15, 2009 Filing 85 **ENTRY STRICKED PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE #107] AND JULY 23, 2009 [DE #129]** PROPOSED SEALED Document: Plaintiff's Sur-Reply - Exhibit A. by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. re #84 MOTION to Seal Document (Exhibit #1 Cover Letter) (Heath, D.)
May 13, 2009 Filing 84 **ENTRY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE #107] AND JULY 23, 2009 [DE #129]** MOTION to Seal Document #83 Memorandum in Opposition (Exhibit A) by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Copenhaver, W.)
May 13, 2009 Filing 83 **ENTERY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE #107] AND JULY 23, 2009 [DE #129]** Memorandum in Opposition re #78 MOTION for Leave to File Reply in Support of Motion to Compel Production of Documents Withheld as Privileged filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Copenhaver, W.)
May 13, 2009 Filing 82 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. (Notice of Appearance of Adam Blumenkrantz as Counsel for Plaintiffs) (Copenhaver, W.)
May 1, 2009 Filing 81 **ENTRY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE #107] AND JULY 23, 2009 [DE #129]** PROPOSED SEALED Document: Reply by Consol Defendants Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc. (Attachments: #1 Cover Letter) (Heath, D.)
April 30, 2009 Filing 80 **ENTRY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE#107] AND JULY 23, 2009 [DE #129]** Memorandum in Support re #79 MOTION to Seal Document #78 MOTION for Leave to File Reply in Support of Motion to Compel Production of Documents Withheld as Privileged (Exhibit 1 - Proposed Reply) MOTION to Seal Document #78 MOTION for Leave to File Reply in Support of Motion to Compel Production of Documents Withheld as Privileged (Exhibit 1 - Proposed Reply) filed by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
April 30, 2009 Filing 79 **ENTRY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE#107 AND JULY 23, 2009 [DE#127]** MOTION to Seal Document #78 MOTION for Leave to File Reply in Support of Motion to Compel Production of Documents Withheld as Privileged (Exhibit 1 - Proposed Reply) by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Morris, Robert)
April 30, 2009 Filing 78 **ENTRY STRICKEN PER ORDER OF JUDGE WEBB ENTERED JULY 1, 2009 [DE #107 AND JULY 23, 2009 [DE #129]** MOTION for Leave to File Reply in Support of Motion to Compel Production of Documents Withheld as Privileged by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Exhibit Proposed Reply (Proposed Sealed Material), #2 Text of Proposed Order Proposed Order) (Morris, Robert)
April 28, 2009 Filing 77 SEALED RESPONSE IN OPPOSITION by Consol Defendant Sun Pharmaceutical Industries, Ltd. to plaintiffs' Motion to Compel. (Heath, D.)
April 28, 2009 Filing 76 SEALED Exhibit 16 by Plaintiffs Sepracor Inc., UCB S.A., UCB, Inc. (Heath, D.)
April 28, 2009 Filing 75 SEALED Memorandum in Support by Consol Defendants Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Exhibit A - 3/26/2009 Letter and Exhibit B - Privilege Log, #2 Exhibit C - Deposition, Exhibit D - Pla's Resp. to Interr. and Exhibit E - Pla's Corrected Resp. to Interr., #3 Ex. F - Privilege Log, Ex. G - Supplemental Privilege Log, Ex. H - Group Doc's, Ex. I - Copy of Faxed Letter and Ex. J - Memo to DSB, #4 Ex. K - Memo to DSB 1/8/1995, Ex. L - Group II Doc's and Ex. M - Letter to Sharon Davis, #5 Exhibit N - Privilege Log, #6 Exhibit N - Privilege Log Continued, #7 Ex. O - LexisNexis, Ex. P - LexisNexis and Exhibit Q - LexisNexis) (Heath, D.)
April 27, 2009 NOTICE OF CORRECTION re: #74 Order on Motion to Seal Document. Case manager will redocket #74 Order granting #59, 65 & 67 motions to seal and link the proposed sealed documents to the entry. (Heath, D.)
April 27, 2009 Opinion or Order Filing 74 ORDER granting #59 Motion to Seal Document, granting #65 Motion to Seal Document ; granting #67 Motion to Seal Document. Counsel served by NEF. Signed by USMJ William A. Webb on 4/27/2009. (Heath, D.)
April 24, 2009 Filing 73 MOTION to Seal Document (Plaintiffs' Memorandum in Opposition to Synthon's Motion to Compel by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Boyle, W.)
April 23, 2009 Filing 72 AMENDED DOCUMENT by Sepracor Inc., UCB S.A., UCB, Inc., Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o.. Amendment to #69 Stipulation of Dismissal as to Barr Defendants. (Nichols, M.)
April 23, 2009 Case manager called Mr. Copenhaver re: Stipulation of Dismissal filed 4/22/2009 at DE #69. Mr. Copenhaver will file an Amended Stipulation of Dismissal to include the counter claim filed by Barr and PLIVA against Sepracor, UCB S.A. and UCB, Inc. (Heath, D.)
April 23, 2009 MOTIONS REFERRED: #67 MOTION to Seal Document forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
April 23, 2009 Filing 71 PROPOSED SEALED Document: Opposition To Plaintiffs' Motion to Compel by Consol Defendant Sun Pharmaceutical Industries, Ltd. re #67 MOTION to Seal Document. (Attachments: #1 Exhibit 1 - Declaration of Mr. Bhuta, etc, #2 Exhibit 2 - Letter to Mr. Tempesta, etc, #3 Exhibit 3 - US Patent and Trademark Office) (Heath, D.)
April 23, 2009 Opinion or Order Filing 70 ORDER granting #68 Motion for Extension of Time. Plaintiffs shall have until April 24, 2009 to respond to defendant Synthon Pharmaceuticals, Inc.'s motion to compel. Counsel served by NEF. Signed by USMJ William A. Webb on 4/22/2009. (Heath, D.)
April 22, 2009 MOTIONS REFERRED: #68 MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Compel Production of Documents Withheld as Privileged by Plaintiffs forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
April 22, 2009 Filing 69 STIPULATION of Dismissal as to Barr Defendants by Sepracor Inc., UCB S.A., UCB, Inc., Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o.. (Allen, Noel)
April 22, 2009 Filing 68 MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Compel Production of Documents Withheld as Privileged by Plaintiffs by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Boyle, W.)
April 22, 2009 Filing 67 MOTION to Seal Document by Sun Pharmaceutical Industries, Ltd.. (Attachments: #1 Text of Proposed Order Granting Motion to Seal) (Stevens, Eric)
April 20, 2009 Filing 66 Memorandum in Opposition re #52 MOTION to Compel Production of Documents from Defendant Sandoz filed by Sandoz, Inc.. (Attachments: #1 Exhibit (A) 9/26/08 Ltr transmitting CD-ROM, #2 Exhibit (B) Sandoz's Responses to Plaintiff's 1st Set of RFP, #3 Exhibit (C) 12/03/08 Ltr to Fuchs, #4 Exhibit (D) 02/10/09 Ltr to Commandeur, #5 Exhibit (E) 02/20/09 Ltr to Commandeur, #6 Exhibit (F) UCB Production Letters, #7 Exhibit (G) 03/24/09 Ltr to Blumenkrantz, #8 Exhibit (H) 03/31/09 Ltr to Rockey, #9 Exhibit (I) 04/16/09 Ltr to Commandeur, #10 Exhibit (J) 04/17/09 Ltr to Fuchs, #11 Exhibit (K) McDonald v. Suggs, #12 Exhibit (L) Lloyd v. New Hanover Regional Medical Ctr.) (Allen, F.)
April 14, 2009 MOTIONS REFERRED: #65 MOTION to Seal Document - Exhibit 16 to #56 Memorandum In Support of #55 Motion to Compel forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
April 14, 2009 Filing 65 MOTION to Seal Document #56 Memorandum in Support,,,,,,,,,, (Exhibit 16) by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Boyle, W.)
April 14, 2009 MOTIONS REFERRED: #59 MOTION to Seal Document forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
April 14, 2009 Case manager called attorney W. Ellis Boyle to request counsel file a Motion For Leave to Seal re: DE #57 - Notice of Manual Filing. Mr. Boyle advised he would file the motion right away. (Heath, D.)
April 14, 2009 Filing 64 PROPOSED SEALED Document: by Plaintiff Sepracor Inc. re #55 MOTION to Compel Sun Pharmaceutical to Produce Information and Witnesses Relating to Sun-1334H. (Attachments: #1 Cover Letter) (Heath, D.)
April 14, 2009 Filing 62 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. (Notice of Appearance by Todd S. Keithley as Counsel for Plaintiffs) (Mandrgoc, Melissa)
April 14, 2009 Filing 61 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. (Notice of Appearance by William Wang as Counsel for Plaintiffs) (Mandrgoc, Melissa)
April 13, 2009 Filing 63 PROPOSED SEALED Document: Memorandum In Support of Synthon's Motion to Compel by Defendants Synthon Holding B.V., Synthon B.V. and Synthon Laboratories, Inc. re #58 MOTION to Compel Production of Documents Withheld as Privileged by Plaintiffs. (Attachments: #1 Cover Letter, #2 Exhibit A - 3/26/2009 Letter, #3 Exhibit B - Privilege Log, #4 Exhibit C - Deposition, #5 Exhibit D - Plaintiff's Response to Interrogatories, #6 Exhibit E - Plaintiffs' Corrected Response to Interrogatories, #7 Exhibit F - Privilege Log, #8 Exhibit G - Supplemental Privilege Log, #9 Exhibit H - Group Documents, #10 Exhibit I - Copy of Faxed Letter to Mr. Yelle, #11 Exhibit J - Memo to DSB, #12 Exhibit K - Memo to DSB Jan. 8, 1995, #13 Exhibit L - Group II Documents, #14 Exhibit M - Letter to Sharon Davis 3/24/2009, #15 Exhibit N - Privilege Log, #16 Exhibit N - Privilege Log Continued, #17 Exhibit N - Privilege Log Continued, #18 Exhibit O - LexisNexis, #19 Exhibit P - LexisNexis, #20 Exhibit Q - LexisNexis) (Heath, D.)
April 9, 2009 Filing 60 Memorandum in Support re #59 MOTION to Seal Document (Memorandum in Support of Synthon's Motion to Compel Production of Documents) MOTION to Seal Document (Memorandum in Support of Synthon's Motion to Compel Production of Documents) filed by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
April 9, 2009 Filing 59 MOTION to Seal Document (Memorandum in Support of Synthon's Motion to Compel Production of Documents) by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morris, Robert)
April 9, 2009 Filing 58 MOTION to Compel Production of Documents Withheld as Privileged by Plaintiffs by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Morris, Robert)
April 6, 2009 Filing 57 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #56 Memorandum in Support,,,,,,,,,, of Manual Filing of Exhibit 16 Because It Is Under Seal Pursuant to the Stipulated Protective Order (Boyle, W.)
April 6, 2009 Filing 56 Memorandum in Support re #55 MOTION to Compel Sun Pharmaceutical to Produce Information and Witnesses Relating to Sun-1334H filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit 1- 558 patent at col. 9, line 62 col. 10, line 6, #2 Exhibit 2- Defendant Suns Disclosure of Preliminary Noninfringement and Invalidity Contentions at 3, #3 Exhibit 3- Transcript of the Management Presentation on NCE and NDDS, March 15, 2007, at 8, #4 Exhibit 4- Sun Pharma Advanced Research Company, Ltd. Annual Report 2007-2008 at pp. 5 & 35, #5 Exhibit 5- Plaintiffs' First Set of Requests for the Production of Documents and Things, #6 Exhibit 6- Defendants Responses and Objections to Plaintiffs First Set of Requests for the Production of Documents and Things, #7 Exhibit 7- Interrogatories Nos. 1-2, Plaintiffs First Set of Interrogatories to Defendant Sun Pharmaceutical Industries, Ltd., #8 Exhibit 8- Defendant Sun Pharmaceutical Industries, Ltds Responses and Objections to Plaintiffs Sepracor, Inc. et al.s First Set of Interrogatories at pp. 6-7, #9 Exhibit 9- Sun Pharmaceutical Industries, Ltd.s Responses and Objections to Plaintiffs Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) at pp. 12-13, #10 Exhibit 10- Letter from Tempesta to Fink on March 12, 2009, #11 Exhibit 11- USPTO Assignment Record for USPN 7,297,697, #12 Exhibit 12- Letter from Tempesta to Fink on March 13, 2009, #13 Exhibit 13- Letter from Bailey to Tempesta on March 20, 2009, #14 Exhibit 14- Letter from Tempesta to Bailey on March 24, 2009, #15 Exhibit 16- Corporation to Corporation Assignment (SUN040897-98)-- FILED UNDER SEAL, #16 Exhibit 17- Steel Software Systems Corp. v. Dataquick Information Systems, #17 Exhibit 18- SEC v. Credit Bancorp, Ltd., #18 Exhibit 19- Uniden America Corp. v. Ericsson, Inc., #19 Exhibit 20- Grosek v. Panther Transp., Inc., #20 Exhibit 21- Brunswick Corp. v. Suzuki Motor Co, Ltd., #21 Exhibit 22- In re ATM Fee Antitrust Litigation, #22 Exhibit 23- Sun Webpage SPARC, #23 Exhibit 24- Sun Press Release "April 30th is Record Date for Demerger", #24 Exhibit 25- Sun Webpage R&D, #25 Exhibit 26- Sun Webpage Addresses, #26 Exhibit 27- Sun and SPARC Boards of Directors, #27 Exhibit 28- Forbes Profile of Dilip S. Shanghvi, #28 Exhibit 29- Sun Pharmaceutical Industries, Ltd. Annual Report 2007-2008 at pp. 2, #29 Exhibit 30- Sun Webpage Our Labs at SPARC, #30 Exhibit 31- SPARC Webpage About Us, #31 Exhibit 32- U.S. Patent No. 7,297,697, #32 Exhibit 15- letter from bailey to tempesta march 24 2009) (Boyle, W.)
April 6, 2009 Filing 55 MOTION to Compel Sun Pharmaceutical to Produce Information and Witnesses Relating to Sun-1334H by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A- proposed order) (Boyle, W.)
April 2, 2009 Filing 54 Proposed Order re #52 MOTION to Compel Production of Documents from Defendant Sandoz filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
April 1, 2009 Filing 53 Memorandum in Support re #52 MOTION to Compel Production of Documents from Defendant Sandoz filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A Plaintiffs' 1st set of document requests, #2 Exhibit B- Sandoz's Responses and Objections to Plaintiffs' 1st set of doument requests, #3 Exhibit C- December 3, 2008, letter, #4 Exhibit D- December 31, 2008, letter, #5 Exhibit E- January 28, 2009, letter, #6 Exhibit F- McDonald v. Suggs, unpublished decision) (Boyle, W.)
April 1, 2009 Filing 52 MOTION to Compel Production of Documents from Defendant Sandoz by Sepracor Inc., UCB S.A., UCB, Inc.. (Boyle, W.)
March 30, 2009 Filing 51 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. (Corrected Notice of Appearance of Edward R. Tempesta as Counsel for Plaintiffs) (Mandrgoc, Melissa)
March 30, 2009 NOTICE OF DEFICIENCY re: #50 Notice. Counsel failed to add Mr. Tempesta to the signature block. Please refile the Notice of Appearance. (Heath, D.)
March 27, 2009 Filing 50 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. (Notice of Appearance of Edward R. Tempesta as Counsel for Plaintiffs) (Mandrgoc, Melissa)
March 27, 2009 Filing 49 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. (Notice of Appearance of Nicolas Commandeur as Counsel for Plaintiffs) (Lewis, Jeffrey)
March 27, 2009 Filing 48 AMENDED SCHEDULING ORDER - #44 Motion to Amend Scheduling Order is GRANTED.Discovery due by 5/21/2009. Expert and claim construction discovery shall conclude on August 12, 2009. Opening briefs due on August 26, 2009. Rebuttal briefs due by September 16, 2009. A Markman hearing will be scheduled sometime after September 30, 2009. Dispositive motions shall be filed within 20 days after the Markman determination is made. Defendant's request that the adoption of the amended schedule be accompanied by periodic status conferences to permit this Court to supervise discovery is DENIED. Further extensions shall be highly disfavored. Counsel served by NEF. Calendar Copy. Signed by USMJ William A. Webb on 3/27/2009. (Heath, D.)
March 23, 2009 MOTIONS REFERRED: #44 MOTION to Amend #36 Scheduling Order forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
March 23, 2009 Case manager received a call from Mr. Hill Allen on 3/17/2009 advising his client Sandoz will not file a response to the motion to amend scheduling order. (Heath, D.)
March 20, 2009 Filing 47 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. re #44 MOTION to Amend/Correct #36 Scheduling Order,,, that all Defendants have responded to Plaintiffs' Motion or indicated that they do not wish to respond (Boyle, W.)
March 16, 2009 Filing 46 RESPONSE to Motion re #44 MOTION to Amend/Correct #36 Scheduling Order,,, filed by Sun Pharmaceutical Industries, Ltd.. (Stevens, Eric)
March 13, 2009 Filing 45 RESPONSE to Motion re #44 MOTION to Amend/Correct #36 Scheduling Order,,, filed by Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc.. (Attachments: #1 Exhibit 6/25/08 E-Mail Exchange Regarding Consolidation, #2 Exhibit Transcript of 10/27/08 Hearing (Excerpt), #3 Exhibit Scheduling Order 10/27/08, #4 Exhibit Correspondence re Plaintiffs' Production of Documents 11/24/08, 12/5/08, 12/9/08, 12/15/08, #5 Exhibit Correspondence Regarding Plaintiffs' Document Production 12/12/08, #6 Exhibit E-Mail Concerning Plaintiffs' Proposed Extension of Discovery Schedule 2/25/09, #7 Exhibit Correspondence Regarding Rule 30(b)(6) Deposition of Plaintiffs 2/26/09) (Morris, Robert)
March 13, 2009 NOTICE TO COUNSEL - Please be advised the deadline for responding to the plaintiff's Motion to Amend Scheduling Order is March 25, 2009, not March 29, 2009 as previously noted on the docket. (Heath, D.)
March 9, 2009 Opinion or Order Motions No Longer Referred: #44 MOTION to Amend #36 Scheduling Order. Advised by Judge Webb's Chamber that one of the parties will be filing a response to the Motion to Amend. Case manager will resubmit the motion once the time for responding has expired on or about March 29, 2009. (Heath, D.)
March 9, 2009 MOTIONS REFERRED: #44 MOTION to Amend #36 Scheduling Order forwarded to Judge Webb for considertion. Motions referred to William A. Webb. (Heath, D.)
March 9, 2009 Filing 44 MOTION to Amend/Correct #36 Scheduling Order,,, by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A - Amended Schedule, #2 Text of Proposed Order) (Copenhaver, W.)
March 9, 2009 NOTICE OF DEFICIENCY re: #43 Motion to Amend. Counsel is required to identify each exhibit by name. Please refile the Motion to Amend and identify each exhibit. (Heath, D.)
March 6, 2009 Filing 43 MOTION to Amend/Correct Scheduling Order by UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Copenhaver, W.)
December 17, 2008 Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pre-Trial Conference Proceedings held on 10/27/08, before Judge Webb. Transcriber Janice Russell, Telephone number 757-422-9089. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available at http://www.nced.uscourts.gov/PDF_Files/AttorneyTranscriptRedactionRequirements.pdf. Redaction Request due 1/4/2009. Redacted Transcript Deadline set for 1/14/2009. Release of Transcript Restriction set for 3/14/2009. Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Steele, F.)
December 2, 2008 Filing 41 Notice of Substitution of Counsel by W. Ellis Boyle on behalf of Sepracor Inc., UCB S.A., UCB, Inc. substituting for Sarah Lindemann Buthe (Boyle, W.)
December 2, 2008 NOTICE OF DEFICIENCY re: #40 Notice-(other) Counsel is directed to refile the Notice of Appearance using the correct event "Notice of Substitution of Counsel" located under Other Filings - Notices. This event will allow you to add yourself and your attorney information. Thank-you. (Fogle, L.)
December 1, 2008 Filing 40 NOTICE by Sepracor Inc., UCB S.A., UCB, Inc. of Substitution of Counsel (Boyle, W.)
November 20, 2008 Opinion or Order Filing 39 ORDER Appointing Mediator - James L. Gale appointed. Signed by Clerk of Court on 11/20/08. (Beasley, B.)
November 3, 2008 Opinion or Order Filing 38 ORDER granting #37 Joint Motion for a Stipulated Protective Order. The Court hereby adopts the parties' proposed stipulated protective order as its own. Counsel served by NEF. Signed by USMJ William A. Webb on 11/3/2008. (Heath, D.)
November 3, 2008 MOTIONS REFERRED: #37 Joint MOTION for Entry of Stipulated Protective Order forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
October 31, 2008 Filing 37 Joint MOTION for Entry of Stipulated Protective Order by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Proposed Stipulated Protective Order, #2 Certificate of Service) (Lewis, Jeffrey)
October 27, 2008 Opinion or Order Filing 36 SCHEDULING ORDER: All fact discovery due by 4/1/2009. Doc. prod. responsive to initial discovery req. served by 6/11/2008 is due by 12/15/2008. Doc. prod. responsive to other initial discovery req. served before 10/3/2008 is due by 1/15/2009. Expert and claim construction discovery due by 7/29/2009. Opening briefs concerning claim construction due by 8/12/2009. Rebuttal briefs due by 9/2/2009. A Markman hearing wil be schedueld sometime after 9/16/2009. All potentially dispositive motions will be filed within 20 days after the Markman determination is made. This action will be calendared for trial in a separate order after the Markman determination has been made. See order for further details. Counsel served by NEF. Signed by USMJ William A. Webb on 10/27/2008. (Heath, D.)
October 27, 2008 Filing 35 Minute Entry for proceedings held before USMJ William A. Webb: Initial Pretrial Conference held on 10/27/2008 in Raleigh. PLAINTIFF: Sarah Buthe and Melissa Mandrgoc; DEFT: Eric Stevens and Michael Fink for Sun Pharmaceuticals Industries, Keith Rockey and Hill Allen and Joe Fuchs for Sandoz, Jack Nichols and Cynthia Hardman for Barr Laboratories, Anthony Figg for Synthon Pharmaceuticals. All parties present for hearing. Defense attorneys speak on each defendants behalf re: consolidating cases and scheduling. Plaintiff asks for more time due to documents being produced last from defendants. Court states that there will be a scheduling order out today. (Court Reporter FTR.) (Bunn, A.)
October 23, 2008 Filing 34 Rule 26(f) Report (joint) by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Certificate of Service) (Lewis, Jeffrey)
October 20, 2008 Opinion or Order Filing 33 ORDER - A consolidated status and scheduling conference shall be held before the undersigned on Monday, October 27, 2008 at 9:00 a.m., sixth floor courtroom, Raleigh. Counsel served by NEF. Calendar copy. Copy to Becky, Shannon, Sheri, Weebie, Laura & Jolie. Signed by USMJ William A. Webb on 10/20/2008. (Heath, D.)
October 13, 2008 Filing 32 NOTICE of Appearance by Noel L. Allen on behalf of Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o. (Allen, Noel)
October 10, 2008 Filing 31 STATUS REPORT (Updated) Concerning Availability for Consolidated Status and Scheduling Conference by Sandoz, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Synthon B.V., Synthon Laboratories, Inc., Sun Pharmaceutical Industries, Ltd., Sepracor Inc., UCB S.A., UCB, Inc., Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o.. (Morris, Robert)
October 8, 2008 Filing 30 RESPONSE to Counterclaims by Sepracor Inc., UCB S.A., UCB, Inc.. (Lewis, Jeffrey)
October 2, 2008 Opinion or Order Filing 29 ORDER - This cause comes before the Court upon the status report submitted by the parties [DE-28]. The parties are instructed to submit an updated status report after plaintiffs have responded to the answer and counterclaims filed on September 15, 2008 [DE-17]. Counsel served by NEF. Signed by USMJ William A. Webb on 10/2/2008. (Heath, D.)
September 30, 2008 #28 Status Report forwarded to Judge Webb. (Heath, D.)
September 29, 2008 Filing 28 STATUS REPORT Concerning Availability for Consolidated Status and Scheduling Conference by Synthon B.V., Synthon Laboratories, Inc., Sepracor Inc., UCB S.A., UCB, Inc., Synthon Pharmaceuticals, Inc., Synthon Holding B.V., Sun Pharmaceutical Industries, Ltd., Sandoz, Inc., Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o.. Associated Cases: 5:08-cv-00362-H, 4:08-cv-00089-H, 5:08-cv-00179-H, 5:08-cv-00247-H (Morris, Robert)
September 29, 2008 Opinion or Order Filing 27 ORDER - The Court having received and reviewed a Stipulation of the Parties and accompanying Joint Motion, and finding them to be in good order and good cause shown therin, hereby ORDERS: Defendant Barr Pharmaceuticals, Inc. is dismissed from the above-captioned action, without prejudice and without any costs or fees with the proviso that this Court retains jurisdiction over Barr Pharmaceuticals for purposes of enforcing the parties agreement...see order for complete details. The case caption is amended to read: Sepracor Inc., UCB S.A. and UCB, Inc. v. Barr Laboratories, Inc. and Pliva Hrvatska D.O.O. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 9/29/2008. (Heath, D.)
September 23, 2008 Motions Submitted: #16 Joint MOTION on Stipulation, #26 MEMORANDUM AND RECOMMENDATIONS re #16 Joint MOTION on Stipulation filed by UCB S.A., UCB, Inc., Sepracor Inc.MEMORANDUM AND RECOMMENDATIONS re #16 Joint MOTION on Stipulation filed by UCB S.A., UCB, Inc., Sepracor Inc. forwarded to Judge Howard for consideration. (Heath, D.)
September 23, 2008 Filing 26 MEMORANDUM AND RECOMMENDATIONS re #16 Joint MOTION on Stipulation filed by UCB S.A., UCB, Inc., Sepracor Inc. For good cause shown, it is RECOMMENDED that this motion be GRANTED and that the parties' proposed order be adopted as its own. Counsel served by NEF. Objections to M&R due by 10/7/2008 Signed by USMJ William A. Webb on 9/22/2008. (Heath, D.)
September 23, 2008 NOTE TO COUNSEL: Case manager has added the additional parties and attorneys from the consolidated cases into the lead case. Please advise case manager if additional parties or attorney's need to be added to the lead case. Thank You. (Heath, D.)
September 19, 2008 Filing 25 NOTICE of Appearance for non-district Filed by local counsel M. Jackson Nichols on behalf of Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o. (Nichols, M.)
September 19, 2008 Filing 24 NOTICE of Appearance for non-district Filed by local counsel M. Jackson Nichols on behalf of Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o. (Nichols, M.)
September 19, 2008 Filing 23 NOTICE of Appearance for non-district Filed by local counsel M. Jackson Nichols on behalf of Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o. (Nichols, M.)
September 19, 2008 Filing 22 NOTICE of Appearance for non-district Filed by local counsel M. Jackson Nichols on behalf of Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o. (Nichols, M.)
September 19, 2008 This is a test message by the Clerk's Office to check delivery of NEF's to counsel. Please disregard. (Heath, D.)
September 19, 2008 MOTIONS REFERRED: #16 Joint MOTION on Stipulation forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
September 19, 2008 MOTIONS REFERRED: #21 Joint MOTION TO EXTEND LR 101.1a(c) MEDIATOR DESIGNATION DEADLINE TO OCTOBER 2, 2008 forwarded to the Clerk for consideration. Motions referred to Clerk of Court. (Heath, D.)
September 18, 2008 Filing 21 Joint MOTION TO EXTEND LR 101.1a(c) MEDIATOR DESIGNATION DEADLINE TO OCTOBER 2, 2008 by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Text of Proposed Order) (Copenhaver, W.)
September 18, 2008 Opinion or Order Filing 20 ORDER FOR DISCOVERY PLAN sent to all parties. Discovery Plan due November 1, 2008. Signed by Dennis P. Iavarone, Clerk of Court on 9/18/2008. (Heath, D.)
September 15, 2008 Filing 19 FINANCIAL DISCLOSURE STATEMENT by PLIVA-Hrvatska d.o.o. identifying Corporate Parent Barr Pharmaceuticals, Inc. for PLIVA-Hrvatska d.o.o... (Nichols, M.)
September 15, 2008 Filing 18 FINANCIAL DISCLOSURE STATEMENT by Barr Laboratories, Inc. identifying Corporate Parent Barr Pharmaceuticals, Inc. for Barr Laboratories, Inc... (Nichols, M.)
September 15, 2008 Filing 17 ANSWER to Complaint by Defendants Barr Laboratories, Inc. and PLIVA-Hrvatska d.o.o., COUNTERCLAIM against Sepracor Inc., UCB S.A., UCB, Inc. by Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o.. (Nichols, M.)
September 15, 2008 Filing 16 Joint MOTION on Stipulation by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Stipulation, #2 Text of Proposed Order) (Copenhaver, W.)
September 2, 2008 Filing 15 NOTICE of Appearance by Jeffrey I.D. Lewis on behalf of Sepracor Inc., UCB S.A., UCB, Inc. (Lewis, Jeffrey)
September 2, 2008 Filing 14 RESPONSE to Defendant Sandoz Inc.'s Counterclaims by Sepracor Inc., UCB S.A., UCB, Inc.. (Lewis, Jeffrey)
August 29, 2008 Opinion or Order Filing 13 ORDER - This cause comes before the Court sua sponte. The undersigned hereby orders that Sepracor Inc., et al v. Barr Pharmaceuticals, Inc., et al 5:08-CV-362-H3 be designated as the lead case in this matter. The parties are instructed to use that case and the above caption for any future filings. Pursuant to Local Rule 101.1a(c), the undersigned hereby orders a mediated settlement conference in the consolidated matter. Counsel served by NEF. Signed by USMJ William A. Webb on 8/29/2008. (Heath, D.)
August 26, 2008 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to Answer Barr Laboratories, Inc. answer due 9/15/2008; PLIVA-Hrvatska d.o.o. answer due 9/15/2008. Counsel served by NEF. Signed by USMJ William A. Webb on 8/26/2008. (Heath, D.)
August 26, 2008 MOTIONS REFERRED: #11 MOTION for Extension of Time to File Answer or Other Responsive Pleadings forwarded to Judge Webb for consideration. Motions referred to William A. Webb. (Heath, D.)
August 25, 2008 Filing 11 MOTION for Extension of Time to File Answer or Other Responsive Pleadings by Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o.. (Attachments: #1 Text of Proposed Order Allowing Motion to Extend Time to Answer or File Other Responsive Pleadings) (Nichols, M.)
August 21, 2008 Opinion or Order Filing 10 ORDER - The court GRANTS plainfiffs' motion to consolidate and ORDERS that all of the above-captioned cases be consolidated for all purposes, without prejudice to the right of any party to move for severance at a later date. The court further ORDERS that all pretrial matters, dispositive and non-dispositive, be referred to Magistrate Judge William A. Webb for disposition or recommended disposition, as may be appropriate. Within 10 days after all defendants have filed their answers to plaintiffs' complaints, the parties shall confer and jointly submit three (3) dates that they are available to appear before Judge Webb in Raleigh, for a consolidated status and scheduling conference. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 8/21/2008. (Heath, D.)
August 15, 2008 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned to Judge Malcolm J. Howard for all further proceedings. Judge W. Earl Britt no longer assigned to case. US Magistrate Judge William Webb will now serve as the magistrate judge for this case. All future pleadings should reflect the revised case number of 5:08-CV-362-H. Signed by Clerk of Court on 8/14/08. (Lee, B.)
August 4, 2008 Filing 8 Summons Issued as to PLIVA-Hrvatska d.o.o.. (Deputy Clerk - BL)
August 4, 2008 Filing 7 Summons Issued as to Barr Laboratories, Inc.. (Deputy Clerk - BL)
August 4, 2008 Filing 6 Summons Issued as to Barr Pharmaceuticals, Inc.. (Deputy Clerk - BL)
July 31, 2008 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list on all parties. (Deputy Clerk - BRB, )
July 31, 2008 Filing 5 NOTICE of Appearance by Sarah L. Buthe on behalf of Sepracor Inc., UCB S.A., UCB, Inc. (Buthe, Sarah)
July 30, 2008 Filing 4 FINANCIAL DISCLOSURE STATEMENT by UCB, Inc. identifying Corporate Parent Sanofi-Aventis LLC for UCB, Inc... (Copenhaver, W.)
July 30, 2008 Filing 3 FINANCIAL DISCLOSURE STATEMENT by UCB S.A. identifying Corporate Parent Sanofi-Aventis LLC for UCB S.A... (Copenhaver, W.)
July 30, 2008 Filing 2 FINANCIAL DISCLOSURE STATEMENT by Sepracor Inc.. (Copenhaver, W.)
July 30, 2008 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT against Barr Pharmaceuticals, Inc., Barr Laboratories, Inc., PLIVA-Hrvatska d.o.o. ( Filing fee $ 350 receipt number 04170000000000650167.), filed by Sepracor Inc., UCB S.A., UCB, Inc.. (Attachments: #1 Exhibit A - (the '558 patent), #2 Civil Cover Sheet, #3 Barr Pharmaceuticals, Inc. Summons, #4 Barr Laboratories, Inc. Summons, #5 PLIVA-Hrvatska d.o.o. Summons) (Copenhaver, W.)

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Search for this case: Sunovion Pharmaceuticals Inc. et al v. Barr Laboratories, Inc., et al
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Consolidated defendant: Sun Pharmaceutical Industries, Ltd.
Represented By: Eric P. Stevens
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Consolidated defendant: Synthon Pharmaceuticals, Inc.
Represented By: Robert J. Morris
Represented By: Mark A. Ash
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Consolidated defendant: Synthon Laboratories, Inc.
Represented By: Robert J. Morris
Represented By: Mark A. Ash
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Consolidated defendant: Sandoz, Inc.
Represented By: F. Hill Allen, IV
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Consolidated defendant: Synthon Holding B.V.
Represented By: Robert J. Morris
Represented By: Mark A. Ash
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Consolidated defendant: Synthon B.V.
Represented By: Robert J. Morris
Represented By: Mark A. Ash
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Defendant: Barr Laboratories, Inc.
Represented By: Noel L. Allen
Represented By: M. Jackson Nichols
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Defendant: PLIVA-Hrvatska d.o.o.
Represented By: Noel L. Allen
Represented By: M. Jackson Nichols
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Defendant: Barr Pharmaceuticals, Inc.
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Plaintiff: UCB, Inc.
Represented By: Jeffrey I.D. Lewis
Represented By: W. Andrew Copenhaver
Represented By: W. Ellis Boyle
Represented By: James A. Dean
Represented By: Sarah L. Buthe
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Plaintiff: UCB S.A.
Represented By: Jeffrey I.D. Lewis
Represented By: W. Andrew Copenhaver
Represented By: W. Ellis Boyle
Represented By: James A. Dean
Represented By: Sarah L. Buthe
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Plaintiff: Sunovion Pharmaceuticals Inc.
Represented By: Jeffrey I.D. Lewis
Represented By: Melody Carroll Ray-Welborn
Represented By: W. Andrew Copenhaver
Represented By: W. Ellis Boyle
Represented By: James A. Dean
Represented By: Sarah L. Buthe
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