Teva Pharmaceuticals International GmbH et al v. BendaRx USA Corp
| Teva Pharmaceuticals International GmbH, Cephalon, LLC and Eagle Pharmaceuticals, Inc. |
| BendaRx USA Corp |
| 1:2023cv00788 |
| June 16, 2023 |
| US District Court for the Eastern District of Virginia |
| Rossie D Alston |
| William E Fitzpatrick |
| Patent - Abbreviated New Drug Applications (ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 61 RESPONSE to Motion re #24 MOTION to Seal Exhibits A and B to Motion to Stay filed by BendaRx USA Corp. (Attachments: #1 Exhibit B (Redacted), #2 Proposed Order)(Pond, Joshua) |
| Filing 60 Consent MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Seal Exhibits A and B to Motion to Stay by BendaRx USA Corp. (Attachments: #1 Proposed Order)(Pond, Joshua) |
Filing 58
ORDER granting #47 Motion to Seal. ORDERED that Dkt. 49 shall remain sealed; it is further ORDERED that Defendant shall submit a response to Plaintiff's Motion to Seal (Dkt. 24), complying with the requirements under Local Civil Rule 7(C), within 7 days of entry of this Order. Signed by Magistrate Judge William E. Fitzpatrick on 07/21/2023. (wgar, )
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Filing 57
ORDERED that the parties shall contact the undersigned's chambers within 14 days of the stay being lifted, to schedule a status conference regarding the adoption of a discovery plan and the entry of a discovery order. Signed by Magistrate Judge William E. Fitzpatrick on 7/21/2023. (swil)
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Filing 59
Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Initial Pretrial Conference held on 7/19/2023. Appearance of counsel. Proposed Discovery Plan discussed in open court. Shortly after the IPC, Judge Alston issued an order staying this entire case. Therefore, a Rule 16(b) order will not be issued by Judge Fitzpatrick-per WEF chambers. (Tape #FTR.)(tfitz, )
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Filing 55
ORDER granting #22 Motion to Stay. ORDERED that this matter is STAYED until Final Judgment or order in each of Case Nos. 23-cv-490-CFC (D. Del) and 23-cv-633-CFC (D. Del.). Signed by District Judge Rossie D. Alston, Jr on 07/19/2023. SEE ORDER FOR FURTHER DETAILS. (wgar, )
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Filing 56
ORDER granting #45 Motion for Pro hac vice Appointed Ben Picozzi for Cephalon, LLC,Ben Picozzi for Teva Pharmaceuticals International GmbH. Signed by District Judge Rossie D. Alston, Jr on 7/18/2023. (swil)
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| Filing 54 Reply to Motion re #22 MOTION to Stay filed by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Attachments: #1 Exhibit X, #2 Exhibit Y)(Eckstein, Maya) |
| Filing 53 NOTICE of Appearance by Joshua B Pond on behalf of BendaRx USA Corp (Pond, Joshua) |
| Filing 52 NOTICE by BendaRx USA Corp re #46 Memorandum in Opposition, Corrected Exhibit H to Defendant's Opposition to Plaintiffs' Motion to Stay (Bagley, Andrew) |
| Filing 51 Proposed Joint Discovery Plan by Cephalon, LLC, Teva Pharmaceuticals International GmbH.(Eckstein, Maya) |
| Filing 50 NOTICE by BendaRx USA Corp re #47 MOTION to Seal Exhibit B to Opposition to Plaintiffs' Motion to Stay (Bagley, Andrew) |
| Filing 49 Sealed Attachment/Exhibit(s) re #47 MOTION to Seal Exhibit B to Opposition to Plaintiffs' Motion to Stay. (Bagley, Andrew) |
| Filing 48 Memorandum in Support re #47 MOTION to Seal Exhibit B to Opposition to Plaintiffs' Motion to Stay filed by BendaRx USA Corp. (Bagley, Andrew) |
| Filing 47 MOTION to Seal Exhibit B to Opposition to Plaintiffs' Motion to Stay by BendaRx USA Corp. (Attachments: #1 Proposed Order)(Bagley, Andrew) |
| Filing 46 Memorandum in Opposition re #22 MOTION to Stay filed by BendaRx USA Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bagley, Andrew) |
| *** Motion Hearing deadline terminated - Per RDA's chambers motion set for 7/19/2023 will be decided on the papers; no oral argument will be heard (tarm) |
| Filing 45 Motion to appear Pro Hac Vice by Ben Picozzi and Certification of Local Counsel Maya Eckstein Filing fee $ 75, receipt number AVAEDC-9019245. by Cephalon, LLC, Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
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Filing 44
ORDERED, that Defendant shall file a brief in response to Plaintiffs' Motion to Stay (ECF Nos. 22, 23) by July 12, 2023, and Plaintiffs shall file a reply brief in support of the Motion to Stay by July 17, 2023 in re #41 Consent MOTION to Expedite Briefing Schedule with Respect to Plaintiffs' Motion to Stay. Signed by Magistrate Judge William E. Fitzpatrick on 7/10/2023. (swil)
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| Set Deadline as to #22 MOTION to Stay. Motion Hearing set for 7/19/2023 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (wgar, ) |
| Filing 43 STIPULATION re #11 Scheduling Order, by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 42 Notice of Hearing Date set for 7/19/2023 re #22 MOTION to Stay , #23 Memorandum in Support,, (Eckstein, Maya) |
| Filing 41 Consent MOTION to Expedite Briefing Schedule with Respect to Plaintiffs' Motion to Stay by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Attachments: #1 Proposed Order Order)(Eckstein, Maya) |
| Filing 40 NOTICE by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH re #27 Notice of Hearing Date Notice of Withdrawal of Notice of Hearing Date (Eckstein, Maya) |
| Filing 39 Notice of Under Seal Filing LCvR5 (B) by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH re #24 MOTION to Seal Exhibits A and B to Motion to Stay, #25 Memorandum in Support (Eckstein, Maya) |
| Filing 38 Motion to appear Pro Hac Vice by Mark Remus and Certification of Local Counsel Andrew W. Bagley Filing fee $ 75, receipt number AVAEDC-9014072. by BendaRx USA Corp. (Bagley, Andrew) |
| Filing 37 Motion to appear Pro Hac Vice by Shannon Marie Lentz and Certification of Local Counsel Andrew W. Bagley Filing fee $ 75, receipt number AVAEDC-9014003. by BendaRx USA Corp. (Bagley, Andrew) |
| Notice of Correction re #26 Sealed Attachment/Exhibit(s). The filing user has been notified to file a Notice of Under Seal filing LCvR5 (B). (Sbro) |
| Notice of Correction: The filing user has been notified to refile the notice of hearing which requests a Wednesday date in re #27 Notice of Hearing Date. (wgar, ) |
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Filing 36
ORDER granting #21 Motion for Pro hac vice Appointed Kenneth Schuler for Eagle Pharmaceuticals, Inc. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 35
ORDER granting #20 Motion for Pro hac vice Appointed Alex Grabowski for Eagle Pharmaceuticals, Inc. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 34
ORDER granting #19 Motion for Pro hac vice Appointed Marc Nathan Zubick for Eagle Pharmaceuticals, Inc. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 33
ORDER granting #18 Motion for Pro hac vice Appointed Daniel Brown for Eagle Pharmaceuticals, Inc. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 32
ORDER granting #17 Motion for Pro hac vice Appointed Anne Elise Herold Li for BendaRx USA Corp. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 31
ORDER granting #16 Motion for Pro hac vice Appointed Elise Michelle Baumgarten for Cephalon, LLC,Elise Michelle Baumgarten for Teva Pharmaceuticals International GmbH. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 30
ORDER granting #15 Motion for Pro hac vice Appointed David Issac Berl for Cephalon, LLC,David Issac Berl for Teva Pharmaceuticals International GmbH. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 29
ORDER granting #14 Motion for Pro hac vice Appointed Adam Daniel Harber for Cephalon, LLC,Adam Daniel Harber for Teva Pharmaceuticals International GmbH. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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Filing 28
ORDER denying #13 Motion for Pro hac vice. Signed by District Judge Rossie D. Alston, Jr on 7/5/2023. (swil)
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| Filing 27 Notice of Hearing Date set for 07/14/2023 re #22 MOTION to Stay , #23 Memorandum in Support,, (Eckstein, Maya) |
| Filing 26 Sealed Attachment/Exhibit(s) re #24 MOTION to Seal Exhibits A and B to Motion to Stay. (Attachments: #1 Exhibit Ex.A, #2 Exhibit Ex.B)(Eckstein, Maya) |
| Filing 25 Memorandum in Support re #24 MOTION to Seal Exhibits A and B to Motion to Stay filed by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 24 MOTION to Seal Exhibits A and B to Motion to Stay by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 23 Memorandum in Support re #22 MOTION to Stay filed by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Attachments: #1 Exhibit Ex.A-Under Seal, #2 Exhibit Ex.B.-Under Seal, #3 Exhibit Ex.C, #4 Exhibit Ex.D, #5 Exhibit Ex.E, #6 Exhibit Ex.F, #7 Exhibit Ex.G, #8 Exhibit Ex.L, #9 Exhibit Ex.N, #10 Exhibit Ex.O, #11 Exhibit Ex.P, #12 Exhibit Ex.Q, #13 Exhibit Ex.R, #14 Exhibit Ex.S, #15 Exhibit Ex.T, #16 Exhibit Ex.U, #17 Exhibit Ex.V, #18 Exhibit Ex.W)(Eckstein, Maya) |
| Filing 22 MOTION to Stay by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 21 Motion to appear Pro Hac Vice by Kenneth Schuler and Certification of Local Counsel Eden Darrell Filing fee $ 75, receipt number AVAEDC-9000599. by Eagle Pharmaceuticals, Inc.. (Darrell, Eden) (Main Document 21 replaced on 6/29/2023) (wgar, ). |
| Filing 20 Motion to appear Pro Hac Vice by Alex Grabowski and Certification of Local Counsel Eden Darrell Filing fee $ 75, receipt number AVAEDC-9000591. by Eagle Pharmaceuticals, Inc.. (Darrell, Eden) (Main Document 20 replaced on 6/29/2023) (wgar, ). |
| Filing 19 Motion to appear Pro Hac Vice by Marc Zubick and Certification of Local Counsel Eden Darrell Filing fee $ 75, receipt number AVAEDC-9000570. by Eagle Pharmaceuticals, Inc.. (Darrell, Eden) |
| Filing 18 Motion to appear Pro Hac Vice by Daniel Brown and Certification of Local Counsel Eden Darrell Filing fee $ 75, receipt number AVAEDC-9000550. by Eagle Pharmaceuticals, Inc.. (Darrell, Eden) |
| Filing 17 Motion to appear Pro Hac Vice by Anne Elise Herold Li and Certification of Local Counsel Andrew W. Bagley Filing fee $ 75, receipt number AVAEDC-8995824. by BendaRx USA Corp. (Bagley, Andrew) |
| Filing 16 Motion to appear Pro Hac Vice by Elise Baumgarten and Certification of Local Counsel Maya Eckstein Filing fee $ 75, receipt number AVAEDC-8995802. by Cephalon, LLC, Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 15 Motion to appear Pro Hac Vice by David Berl and Certification of Local Counsel Maya Eckstein Filing fee $ 75, receipt number AVAEDC-8995790. by Cephalon, LLC, Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 14 Motion to appear Pro Hac Vice by Adam Harber and Certification of Local Counsel Maya Eckstein Filing fee $ 75, receipt number AVAEDC-8995779. by Cephalon, LLC, Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 13 Motion to appear Pro Hac Vice by Ben Picozzi and Certification of Local Counsel Maya Eckstein Filing fee $ 75, receipt number AVAEDC-8995744. by Cephalon, LLC, Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 12 NOTICE of Appearance by Eden Marie Darrell on behalf of Eagle Pharmaceuticals, Inc. (Darrell, Eden) |
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Filing 11
SCHEDULING ORDER:Initial Pretrial Conference set for 7/19/2023 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick.Discovery due by 10/13/2023.Final Pretrial Conference set for 10/19/2023 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. Signed by District Judge Rossie D. Alston, Jr on 06/22/2023. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(tran)
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| Filing 10 Report on the filing or determination of an action regarding patent and/or trademark. (jlan) |
| Filing 9 ANSWER to Complaint by BendaRx USA Corp.(Bagley, Andrew) |
| Filing 8 Financial Interest Disclosure Statement (Local Rule 7.1) by BendaRx USA Corp. (Bagley, Andrew) |
| Filing 7 NOTICE of Appearance by Andrew W. Bagley on behalf of BendaRx USA Corp (Bagley, Andrew) |
| Filing 6 NOTICE by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH re #1 Complaint, Report onthe filing or Determination of an Action regarding a Patent or Trademark (Eckstein, Maya) |
| Filing 5 Summons Issued as to BendaRx USA Corp, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(Sbro) |
| Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (Sbro) |
| Filing 4 Corporate Disclosure Statement by Eagle Pharmaceuticals, Inc.. (Darrell, Eden) |
| Filing 3 Proposed Summons re #1 Complaint, by Cephalon, LLC, Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Eckstein, Maya) (Main Document 3 replaced to correct summons on 6/20/2023) (Sbro). |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Cephalon, LLC, Teva Pharmaceuticals International GmbH. (Eckstein, Maya) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8986443.), filed by Teva Pharmaceuticals International GmbH, Eagle Pharmaceuticals, Inc., Cephalon, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Ex.A, #3 Exhibit Ex.B, #4 Exhibit Ex.C, #5 Exhibit Ex.D, #6 Exhibit Ex.E, #7 Exhibit Ex.F, #8 Exhibit Ex.G, #9 Exhibit Ex.H, #10 Exhibit Ex.I, #11 Exhibit Ex.J, #12 Exhibit Ex.K)(Eckstein, Maya) |
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