BioNTech SE et al v. CureVac SE
| Inc. Pfizer |
| CureVac SE |
| BIONTECH SE, BioNTech Manufacturing GmbH, Pfizer Inc. and CureVac Manufacturing GmbH |
| CureVac AG and Cure Vac AG |
| 2:2023cv00222 |
| May 19, 2023 |
| US District Court for the Eastern District of Virginia |
| Elizabeth W Hanes |
| Douglas E Miller |
| Jamar K Walker |
| Patent |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 119 ANSWER to Counterclaim re #116 Answer to Counterclaim,,, (CureVac SE and CureVac Manufacturing GmbH's Answer to BioNTech SE, BioNTech Manufacturing GmbH, and Pfizer, Inc.'s Amended Counterclaims) by CureVac Manufacturing GmbH, CureVac SE. (Erbach, John) |
Filing 118
ORDER granting #117 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 8/8/2023. (Walker, Jamar)
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| Filing 117 Motion to appear Pro Hac Vice by Michael Allikian and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-9063598. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Erbach, John) |
| Filing 116 ANSWER to Counterclaim re #109 Order on Motion for Extension of Time to File,,, #106 Amended Counterclaim,,,, (BioNTech's and Pfizer's Amended Counterclaims and Answer to CureVac's First Amended Counterclaims), COUNTERCLAIM against CureVac SE, CureVac Manufacturing GmbH, CureVac SE by Pfizer Inc., BioNTech SE, BioNTech Manufacturing GmbH. (Noona, Stephen) |
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Filing 115
ORDER granting #112 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 7/31/2023. (Walker, Jamar)
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Filing 114
ORDER granting #111 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 7/31/2023. (Walker, Jamar)
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Filing 113
ORDER granting #110 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 7/31/2023. (Walker, Jamar)
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| Filing 112 Motion to appear Pro Hac Vice by John Paul Scheibeler and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-9050790. by Pfizer Inc.. (Noona, Stephen) |
| Filing 111 Motion to appear Pro Hac Vice by Kevin Joseph Georgek and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-9050783. by Pfizer Inc.. (Noona, Stephen) |
| Filing 110 Motion to appear Pro Hac Vice by Dimitrios Theodore Drivas and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-9050759. by Pfizer Inc.. (Noona, Stephen) |
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Filing 109
ORDER: It is ORDERED THAT the Unopposed Motion for Extension of Time to File Responsive Pleadings to Amended Counterclaim is granted and plaintiffs and counter-defendants, BioNTech SE, BioNTech Manufacturing GmbH, and Pfizer Inc. (collectively, the "BioNTech and Pfizer Parties"), shall have through and including August 2, 2023 to file responsive pleadings and an amended counterclaim to the Amended Counterclaim and Answer filed by the defendants and counter-plaintiffs, CureVac, SE (f/kla CureVac AG) and CureVac Manufacturing GmbH (collectively, the "CureVac Parties"); and It is FURTHER ORDERED THAT the CureVac Parties shall have through and including August 30, 2023 to file responsive pleadings to any Amended Counterclaim filed by the BioNTech and Pfizer Parties. Copies sent on 7.24.23. Signed by Magistrate Judge Douglas E. Miller and filed on 7/24/23. (epri, )
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| Filing 108 MOTION for Extension (Unopposed Motion and Memorandum for Extension of Time to File Responsive Pleading to Amended Counterclaim) by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer Inc.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Douglas Miller. #108 MOTION for Extension (Unopposed Motion and Memorandum for Extension of Time to File Responsive Pleading to Amended Counterclaim) (epri, ) |
| Filing 107 ANSWER to Counterclaim re #104 Answer to Counterclaim,,,,, (CureVac SE and CureVac Manufacturing GmbH's Answer to BioNTech SE, BioNTech Manufacturing GmbH, and Pfizer, Inc.'s Counterclaims) by CureVac SE. (Erbach, John) |
| Filing 106 AMENDED COUNTERCLAIM (CureVac SE and CureVac Manufacturing GmbH's First Amended Counterclaims and Answer) against BioNTech Manufacturing GmbH, BioNTech SE, Pfizer Inc., filed by CureVac Manufacturing GmbH, CureVac SE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Part 1 of 2), #8 Exhibit 7 (Part 2 of 2), #9 Exhibit 8 (Part 1 of 2), #10 Exhibit 8 (Part 2 of 2), #11 Exhibit 9 (Part 1 of 2), #12 Exhibit 9 (Part 2 of 2), #13 Exhibit 10 (Part 1 of 2), #14 Exhibit 10 (Part 2 of 2), #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32)(Erbach, John) |
| Referred for 16(b). (epri, ) |
| Filing 105 NOTICE by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer Inc. re #104 Answer to Counterclaim,,,,, #56 Answer to Complaint,,,, Counterclaim,,, Notice of Filing of Additional Exhibits to BioNTech's and Pfizer's Counterclaims and Answer to CureVac's Counterclaims (Attachments: #1 Exhibit 19, #2 Exhibit 20, #3 Exhibit 21, #4 Exhibit 22, #5 Exhibit 23, #6 Exhibit 24, #7 Exhibit 25, #8 Exhibit 26, #9 Exhibit 27, #10 Exhibit 28, #11 Exhibit 29, #12 Exhibit 30, #13 Exhibit 31, #14 Exhibit 32, #15 Exhibit 33, #16 Exhibit 34, #17 Exhibit 35, #18 Exhibit 36)(Noona, Stephen) |
| Filing 104 ANSWER to Counterclaim re #56 Answer to Complaint,,,, Counterclaim,,, , COUNTERCLAIM against CureVac SE, CureVac Manufacturing GmbH, CureVac SE by Pfizer Inc., BioNTech SE, BioNTech Manufacturing GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Noona, Stephen) |
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Filing 103
ORDER granting #102 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 6/16/2023. (Walker, Jamar)
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| Filing 102 Motion to appear Pro Hac Vice by Young Jin Park and Certification of Local Counsel Stephen Edward Noona by BioNTech Manufacturing GmbH, BioNTech SE. (Noona, Stephen) |
| Case Reassigned to District Judge Jamar K. Walker. District Judge Elizabeth W. Hanes no longer assigned to the case. (afar) |
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Filing 101
ORDER: It is ORDERED THAT the Unopposed Motion for Withdrawal, ECF #100 , is granted. Thomas J. Meloro is withdrawn as counsel for Pfizer and the Clerk is directed to remove Thomas J. Meloro as counsel of record for Pfizer and from the Court's Electronic Notification System for this case. Signed by District Judge Elizabeth W. Hanes and filed on 6/7/23. (epri, )
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| Filing 100 MOTION to Withdraw as Attorney (Unopposed Motion and Memorandum to Allow Withdrawal of Thomas J. Meloro as Counsel of Record for Plaintiff Pfizer Inc.) by Pfizer Inc.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen) |
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Filing 99
ORDER granting #93 Motion for Pro hac vice for Michael William Johnson as to Pfizer Inc. Signed by District Judge Elizabeth W. Hanes on 6/5/2023. (awoo, )
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Filing 98
ORDER granting #91 Motion for Pro hac vice for Sara Tonnies Horton as to Pfizer Inc. Signed by District Judge Elizabeth W. Hanes on 6/5/2023. (awoo, )
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Filing 97
ORDER granting #85 Motion for Pro hac vice for Eric William Dittmann as to BioNTech Manufacturing GmbH,as to BioNTech Manufacturing GmbH, as to BioNTech SE and as to BioNTech SE. Signed by District Judge Elizabeth W. Hanes on 6/5/2023. (awoo, )
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Filing 96
ORDER granting #92 Motion for Pro hac vice for Heather Schneider as to Pfizer Inc. Signed by District Judge Elizabeth W. Hanes on 6/5/2023. (awoo, )
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Filing 95
ORDER granting #84 Motion for Pro hac vice for Bruce M Wexler as to BioNTech Manufacturing GmbH,Bruce M Wexler for BioNTech SE. Signed by District Judge Elizabeth W. Hanes on 6/5/2023. (awoo, )
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Filing 94
ORDER: It is ORDERED THAT the Unopposed Motion for Withdrawal is granted. Merri C. Moken and Alexander C. Plushanski are withdrawn as counsel for BioNTech Plaintiffs and the Clerk is directed to remove Merri C. Moken and Alexander C. Plushanski as counsel of record for BioNTech Plaintiffs and from the Courts Electronic Notification System for this case. Copies of this Order sent on 6.5.23. Signed by District Judge Elizabeth W. Hanes and filed on 6/5/23.(epri, )
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| Notice of Correction re #86 Motion to appear Pro Hac Vice by Young Jin Park and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8963853. Counsel is advised that the applicant is not listed as registered with the New York State Bar. Applicant needs to fix registration status with the New York State Bar and have Pro Hac Vico motion re-filed. Counsel does not need to pay additional fee when re-filing. (awoo, ) |
| Filing 93 Motion to appear Pro Hac Vice by Michael William Johnson and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8965190. by Pfizer Inc.. (Noona, Stephen) |
| Filing 92 Motion to appear Pro Hac Vice by Heather Marie Schneider and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8965181. by Pfizer Inc.. (Noona, Stephen) |
| Filing 91 Motion to appear Pro Hac Vice by Sara Tonnies Horton and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8965167. by Pfizer Inc.. (Noona, Stephen) |
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Filing 90
ORDER granting #75 Motion for Pro hac vice for Sandip Harish Patel as to CureVac SE and CureVac Manufacturing GmbH. Signed by District Judge Elizabeth W. Hanes on 06/02/2023. (tlev, )
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Filing 89
ORDER granting #74 Motion for Pro hac vice for Mark Harry Izraelewicz as to CureVac SE and CureVac Manufacturing GmbH. Signed by District Judge Elizabeth W. Hanes on 06/02/2023. (tlev, )
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Filing 88
ORDER granting #73 Motion for Pro hac vice for Izabella Natalia Carlyon Higson as to CureVac SE and CureVac Manufacturing GmbH. Signed by District Judge Elizabeth W. Hanes on 06/02/2023. (tlev, )
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| Filing 87 MOTION to Withdraw as Attorney (Unopposed Motion and Memorandum to Allow Withdrawal of Merri C. Moken and Alexander C. Plushanski as Counsel of Record for Plaintiffs BioNTech, SE and BioNTech Manufacturing GmbH) by BioNTech Manufacturing GmbH, BioNTech SE. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen) |
| Filing 86 Motion to appear Pro Hac Vice by Young Jin Park and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8963853. by BioNTech Manufacturing GmbH, BioNTech SE. (Noona, Stephen) |
| Filing 85 Motion to appear Pro Hac Vice by Eric William Dittmann and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8963847. by BioNTech Manufacturing GmbH, BioNTech SE. (Noona, Stephen) |
| Filing 84 Motion to appear Pro Hac Vice by Bruce Matthew Wexler and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8963830. by BioNTech Manufacturing GmbH, BioNTech SE. (Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: #87 MOTION to Withdraw as Attorney (Unopposed Motion and Memorandum to Allow Withdrawal of Merri C. Moken and Alexander C. Plushanski as Counsel of Record for Plaintiffs BioNTech, SE and BioNTech Manufacturing GmbH) (epri, ) |
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Filing 83
ORDER granting #71 Motion for Pro hac vice for Michael Ross Weiner as to CureVac SE and CureVac Manufacturing GmbH. Signed by District Judge Elizabeth W. Hanes on 06/01/2023. (tlev, )
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Filing 82
ORDER granting #69 Motion for Pro hac vice for Chelsea Madeline Murray as to CureVac SE and CureVac Manufacturing GmbH. Signed by District Judge Elizabeth W. Hanes on 06/01/2023. (tlev, )
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Filing 81
ORDER granting #68 Motion for Pro hac vice for John Randolph Labbe as to CureVac SE and CureVac Manufacturing GmbH. Signed by District Judge Elizabeth W. Hanes on 06/01/2023. (tlev, )
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Filing 80
ORDER granting #65 Motion for Pro hac vice for Thomas Robert Burns as to CureVac SE and CureVac Manufacturing GmbH. Signed by District Judge Elizabeth W. Hanes on 06/01/2023. (tlev, )
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Filing 79
ORDER: It is ORDERED THAT the Motion for Extension of Time to Respond to Answer and Counterclaim is Granted, and the BioNTech Pfizer Plaintiffs shall have through and including June 23,2023 to answer, plead, claim, move or otherwise respond to the Answer and Counterclaim. Signed by Magistrate Judge Douglas E. Miller and filed on 6/1/23. (epri, )
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| Filing 78 Financial Interest Disclosure Statement (Local Rule 7.1) by Pfizer Inc.. (Noona, Stephen) |
| Filing 77 Financial Interest Disclosure Statement (Local Rule 7.1) by BioNTech Manufacturing GmbH, BioNTech SE. (Noona, Stephen) |
| Filing 76 MOTION for Extension of Time to File Answer re #56 Answer to Complaint,,,, Counterclaim,,, (Unopposed Motion for Extension of Time for Plaintiffs to File Responsive Pleadings to Answer and Counterclaim and Memorandum in Support) by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer Inc.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen) |
| Filing 75 Amended Motion to appear Pro Hac Vice by Sandip Harish Patel and Certification of Local Counsel Clay S. Hester by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 74 Amended Motion to appear Pro Hac Vice by Mark Harry Izraelewicz and Certification of Local Counsel Clay S. Hester by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 73 Amended Motion to appear Pro Hac Vice by Izabella Natalia Carlyon Higson and Certification of Local Counsel Clay S. Hester by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
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Filing 72
ORDER granting #64 Motion for Pro hac vice for Kevin Michael Flowers as to CureVac SE, CureVac Manufacturing GmbH and CureVac SE. Signed by District Judge Elizabeth W. Hanes on 5/30/2023. (awoo, )
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| Notice of Correction re #66 Motion to appear Pro Hac Vice by Izabella Natalia Carlyon Higson and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957076. Counsel is advised that the applicant must provide an original signature and not an electronic one. Counsel does not need to pay an additional filing fee. (awoo, ) |
| Notice of Correction re #67 Motion to appear Pro Hac Vice by Mark Harry Izraelewicz and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957085. Counsel is advised that the applicant must provide an original signature and not an electronic one. Counsel does not need to pay an additional filing fee. (awoo, ) |
| Notice of Correction re #70 Motion to appear Pro Hac Vice by Sandip Harish Patel and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957126. Counsel is advised that the applicant must provide an original signature and not an electronic one. Counsel does not need to pay an additional filing fee. (awoo, ) |
| MOTIONS REFERRED to Magistrate Judge: Douglas Miller. #76 MOTION for Extension of Time to File Answer re #56 Answer to Complaint,,,, Counterclaim,,, (Unopposed Motion for Extension of Time for Plaintiffs to File Responsive Pleadings to Answer and Counterclaim and Memorandum in Support) (epri, ) |
| Filing 71 Motion to appear Pro Hac Vice by Michael Ross Weiner and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957133. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 70 Motion to appear Pro Hac Vice by Sandip Harish Patel and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957126. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 69 Motion to appear Pro Hac Vice by Chelsea Madeline Murray and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957121. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 68 Motion to appear Pro Hac Vice by John Randolph Labbe and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957101. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 67 Motion to appear Pro Hac Vice by Mark Harry Izraelewicz and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957085. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 66 Motion to appear Pro Hac Vice by Izabella Natalia Carlyon Higson and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957076. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Filing 65 Motion to appear Pro Hac Vice by Thomas Robert Burns and Certification of Local Counsel Clay S. Hester Filing fee $ 75, receipt number AVAEDC-8957046. by CureVac SE, CureVac Manufacturing GmbH, CureVac SE. (Hester, Clay) |
| Clerk's Notice of Correction: Pro Hac motion resubmitted to Chambers after Clerk corrected parties names as reflected in ECF #63 - Notice of Correction re #64 Motion to appear Pro Hac Vice by Kevin Michael Flowers and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-8945226. The motion does not match the docket entry regarding parties represented. Counsel should refile the motion with the corrected information. Counsel should not pay a second fee. (tlev, ) |
| Filing 64 Motion to appear Pro Hac Vice by Kevin Michael Flowers and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-8945226. by CureVac SE and CureVac Manufacturing GmbH. (Erbach, John) |
| Filing 63 NOTICE by CureVac AG re #57 NOTICE (CORRECTED NOTICE) (Erbach, John) |
| Filing 62 NOTICE of Appearance by Clay Sutton Hester on behalf of CureVac AG (Hester, Clay) |
| Filing 61 NOTICE of Appearance by Dana Duane McDaniel on behalf of CureVac AG (McDaniel, Dana) |
| Filing 60 NOTICE of Appearance by Maurice Francis Mullins on behalf of CureVac AG (Mullins, Maurice) |
| Filing 59 NOTICE of Appearance by Christopher William Bascom on behalf of CureVac AG (Bascom, Christopher) |
| Filing 58 Financial Interest Disclosure Statement (Local Rule 7.1) by CureVac AG. (Erbach, John) |
| Filing 57 NOTICE by CureVac AG (Erbach, John) |
| Filing 56 ANSWER to #1 Complaint,, , COUNTERCLAIM against BIONTECH SE, BioNTech Manufacturing GmbH, Inc. Pfizer by CureVac AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (Part 1 of 2), #7 Exhibit 6 (Part 2 of 2), #8 Exhibit 7 (Part 1 of 2), #9 Exhibit 7 (Part 2 of 2), #10 Exhibit 8 (Part 1 of 2), #11 Exhibit 8 (Part 2 of 2), #12 Exhibit 9 (Part 1 of 2), #13 Exhibit 9 (Part 2 of 2), #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25)(Erbach, John) |
| Filing 55 Case transferred in from District of Massachusetts; Case Number 1:22-cv-11202. Original file and docket sheet received. |
| Notification of transfer of patent case from the District of Massachusetts Case No. 1:22cv11202 to the Eastern District of Virginia. (ldab, ) |
| Filing 54 Judge Nathaniel M. Gorton: ORDER OF TRANSFER entered. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 53 Judge Nathaniel M. Gorton: MEMORANDUM AND ORDER entered. In accordance with the foregoing, defendant's motion to dismiss for lack of personal jurisdiction in this court (Docket No. #37 ) is DENIED but, pursuant to 28 U.S.C. 1631, the action is hereby TRANSFERRED to the United States District Court for the Eastern District of Virginia for further proceedings. So ordered. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 52 DECLARATION re #51 Reply to Response to Motion of Mark H. Izraelewicz by CureVac AG. (Attachments: #1 Exhibit A)(Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 51 REPLY to Response to #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 filed by CureVac AG. (Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 50 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #49 MOTION for Leave to File Reply Brief by CureVac AG; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 49 MOTION for Leave to File Reply Brief by CureVac AG. (Attachments: #1 Exhibit A)(Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 48 DECLARATION re #47 Opposition to Motion BY RAYMOND PARKER III IN SUPPORT OF PLAINTIFFS OPPOSITION TO CUREVAC AGS MOTION TO DISMISS OR TRANSFER, OR, IN THE ALTERNATIVE, REQUEST FOR LIMITED JURISDICTIONAL DISCOVERY by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Robbins, Jeffrey) (Additional attachment(s) added on 12/8/2022: #1 SEALED Exhibit 1, #2 SEALED Exhibit 2, #3 SEALED Exhibit 3, #4 SEALED Exhibit 4, #5 SEALED Exhibit 5, #6 SEALED Exhibit 6, #7 SEALED Exhibit 7, #8 SEALED Exhibit 8, #9 SEALED Exhibit 9, #10 SEALED Exhibit 10, #11 SEALED Exhibit 11, #12 SEALED Exhibit 12, #13 SEALED Exhibit 13, #14 SEALED Exhibit 14, #15 SEALED Exhibit 15, #16 SEALED Exhibit 16, #17 SEALED Exhibit 17, #18 SEALED Exhibit 18, #19 SEALED Exhibit 19, #20 SEALED Exhibit 20, #21 SEALED Exhibit 21, #22 SEALED Exhibit 22, #23 SEALED Exhibit 23, #24 SEALED Exhibit 24, #25 SEALED Exhibit 25, #26 SEALED Exhibit 26, #27 SEALED Exhibit 27, #28 SEALED Exhibit 28, #29 SEALED Exhibit 29, #30 SEALED Exhibit 30, #31 SEALED Exhibit 31) (Warnock, Douglas). [Transferred from Massachusetts on 5/19/2023.] |
| Filing 47 Opposition re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 filed by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 46 DECLARATION OF ALEXANDER C. PLUSHANSKI IN SUPPORT OF PLAINTIFFS OPPOSITION TO CUREVAC AGS MOTION TO DISMISS OR TRANSFER, OR, IN THE ALTERNATIVE, REQUEST FOR LIMITED JURISDICTIONAL DISCOVERY by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit 1 - Excerpts from the file history of U.S. Patent Application No. 15/534,496, #2 Exhibit 2 - 11/15/2011 Press Release, #3 Exhibit 3 - 3/15/2019 Sponsored Research Agreement, #4 Exhibit 4 - 11/18/2021 Article, #5 Exhibit 5 - 1/1/2018 Development and Option Agreement)(Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 45 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #44 Assented to MOTION for Leave to File Exhibits Under Seal by BioNTech Manufacturing GmbH, BioNTech SE; Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 44 Assented to MOTION for Leave to File Exhibits Under Seal by BioNTech Manufacturing GmbH, BioNTech SE.(Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 43 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #42 Assented to MOTION for Extension of Time to December 5, 2022 to File Response/Reply December 5, 2022, #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 Responses due by 12/5/2022 (Lima, Christine) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 42 Assented to MOTION for Extension of Time to December 5, 2022 to File Response/Reply December 5, 2022 by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc..(Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Mark Izraelewicz added as counsel (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 41 AFFIDAVIT in Support re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 . (Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 40 AFFIDAVIT in Support re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 . (Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 39 AFFIDAVIT in Support re #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 . (Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 38 MEMORANDUM OF LAW by CureVac AG to #37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631. (Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction or to Transfer Pursuant to U.S.C. 1631 by CureVac AG.(Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 36 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #35 Motion for Leave to Appear Pro Hac Vice Added Mark Izraelewicz. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 35 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Mark Izraelewicz Filing fee: $ 100, receipt number AMADC-9514977 by CureVac AG. (Attachments: #1 Affidavit)(Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 34 NOTICE of Appearance by Brian W Frino on behalf of Pfizer, Inc. (Frino, Brian) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 33 NOTICE of Appearance by Jennifer Liu on behalf of Pfizer, Inc. (Liu, Jennifer) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 32 NOTICE of Appearance by Heather Schneider on behalf of Pfizer, Inc. (Schneider, Heather) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 31 NOTICE of Appearance by Michael W. Johnson on behalf of Pfizer, Inc. (Johnson, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 30 NOTICE of Appearance by Sara Horton on behalf of Pfizer, Inc. (Horton, Sara) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 29 NOTICE of Appearance by Thomas J. Meloro on behalf of Pfizer, Inc. (Meloro, Thomas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 28 NOTICE of Appearance by Merri C. Moken on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Moken, Merri) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 27 NOTICE of Appearance by Alexander Plushanski on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Plushanski, Alexander) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 26 NOTICE of Appearance by Mi Zhou on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Zhou, Mi) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 25 NOTICE of Appearance by Michael F. Werno on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Werno, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 24 NOTICE of Appearance by Young J. Park on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Park, Young) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 23 NOTICE of Appearance by Eric W. Dittmann on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Dittmann, Eric) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 22 NOTICE of Appearance by Bruce M Wexler on behalf of BioNTech Manufacturing GmbH, BioNTech SE (Wexler, Bruce) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by CureVac AG identifying Corporate Parent CureVac N.V. for CureVac AG.. (Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 20 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #19 Motion for Leave to Appear Pro Hac Vice Added Thomas J. Meloro, Sara Tonnies Horton, Michael W. Johnson, Heather M. Schneider, Jennifer Liu, and Brian W. Frino. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 19 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Thomas J. Merloro, Sara Tonnies Horton, Michael W. Johnson, Heather M. Schneider, Jennifer Liu, Brian W. Frino Filing fee: $ 600, receipt number AMADC-9452331 by Pfizer, Inc.. (Attachments: #1 Exhibit A - SIGNED Thomas J. Meloro Pro Hac Certification, #2 Exhibit B - SIGNED Sara Tonnies Horton Pro Hac Certification, #3 Exhibit C - SIGNED Michael W. Johnson Pro Hac Certification, #4 Exhibit D - SIGNED Heather M. Schneider Pro Hac Certification, #5 Exhibit E - SIGNED Jennifer Liu Pro Hac Certification, #6 Exhibit F - SIGNED Brian W. Frino Pro Hac Certification)(Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 18 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #16 Motion for Leave to Appear Pro Hac Vice Added Alexander C. Plushanski. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 17 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #15 Motion for Leave to Appear Pro Hac Vice Added Bruce M. Wexler, Eric W. Dittmann, Young J. Park, Merri C. Moken, Mi Zhou, and Michael F. Werno. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 16 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Alexander C. Plushanski Filing fee: $ 100, receipt number AMADC-9446063 by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit A - Plushanski, Alexander Pro Hac Certification)(Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 15 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Bruce Wexler, Eric Dittmann, Young Park, Merri Moken, Mi Zhou, Michael Werno Filing fee: $ 600, receipt number AMADC-9446020 by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit A - Wexler, Bruce Pro Hac Certification, #2 Exhibit B - Dittmann, Eric Pro Hac Certification, #3 Exhibit C - Park, Young Pro Hac Certification, #4 Exhibit D - Moken, Merri Pro Hac Certification, #5 Exhibit E - Zhou, Mi Pro Hac Certification, #6 Exhibit F - Werno, Michael Pro Hac Certification)(Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 14 ELECTRONIC NOTICE of Case RE-Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 13 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 12 NOTICE of Appearance by Michael R. Gottfried on behalf of CureVac AG (Gottfried, Michael) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 11 NOTICE of Appearance by Joseph D. Lipchitz on behalf of BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc. (Lipchitz, Joseph) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 10 NOTICE of Appearance by Gregory M. Boucher on behalf of BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc. (Boucher, Gregory) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by BioNTech SE, Pfizer, Inc., BioNTech Manufacturing GmbH. CureVac AG waiver sent on 7/29/2022, answer due 10/27/2022. (Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 8 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 7 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 6 Summons Issued as to CureVac AG. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 4 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Report on Filing or Determination Re: Patent or Trademark AO 120. The form can be found on the court's website under Resources/Forms/Local Forms. Counsel will use the event under Other Documents - Report on the filing of patent/trademark case. (de Oliveira, Flaviana) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by BioNTech Manufacturing GmbH, BioNTech SE identifying Corporate Parent BioNTech SE for BioNTech SE.. (Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Pfizer, Inc.. (Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
| Filing 1 COMPLAINT with Jury Demand against CureVac AG Filing fee: $ 402, receipt number BMADC-9426777 (Fee Status: Filing Fee paid), filed by BioNTech Manufacturing GmbH, BioNTech SE, Pfizer, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Civil Cover Sheet, #24 Category Sheet)(Robbins, Jeffrey) [Transferred from Massachusetts on 5/19/2023.] |
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