Otsuka Pharmaceutical Co., Ltd. et al v. Mylan Laboratories Limited et al
| Otsuka Pharmaceutical Co., Ltd. and H. Lundbeck A/S |
| Mylan Laboratories Limited, Viatris Inc. and Mylan Pharmaceuticals Inc. |
| 1:2022cv00032 |
| April 8, 2022 |
| US District Court for the Northern District of West Virginia |
| Thomas S Kleeh |
| Patent - Abbreviated New Drug Applications (ANDA) |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Filing 23 REPLY to Response to Motion re #9 MOTION to Stay This Second-Filed Case Pending Resolution of Venue Challenge in First-Filed Delaware Action filed by H. Lundbeck A/S, Otsuka Pharmaceutical Co., Ltd.. (Attachments: #1 Exhibit A - NEF Delaware, #2 Exhibit B - NEF NDWV)(Higginbotham, Daniel) |
| Filing 22 REPLY to Response to Motion re #9 MOTION to Stay This Second-Filed Case Pending Resolution of Venue Challenge in First-Filed Delaware Action, #12 MOTION to Stay re #8 FirstOrder,, Plaintiffs' Motion to Stay Deadlines Pending Resolution of Plaintiffs' Motion to Stay this Second-Filed Case Pending Resolution of Venue Challenge in First-Filed Delaware Action filed by H. Lundbeck A/S, Otsuka Pharmaceutical Co., Ltd.. (Higginbotham, Daniel) |
Filing 21
ORDER GRANTING EXTENSION OF TIME TO FILE PARTIES' PLANNING REPORT (ECF. NO. #20 ). Rule 26 Meeting Report due by 6/8/2022. Signed by Chief District Judge Thomas S Kleeh on 6/1/2022. (dk)
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| Filing 20 Joint MOTION for Extension of Time to File Parties' Planning Report by H. Lundbeck A/S, Otsuka Pharmaceutical Co., Ltd.. (Attachments: #1 Proposed Order)(Higginbotham, Daniel) |
| Filing 19 Corporate Disclosure Statement by Mylan Laboratories Limited, Mylan Pharmaceuticals Inc., Viatris Inc. identifying Corporate Parent Viatris Inc. for Mylan Laboratories Limited, Mylan Pharmaceuticals Inc., Viatris Inc... (Copland, Gordon) |
| Filing 18 ANSWER to #1 Complaint,, Mylan Pharm. Answers defenses and, COUNTERCLAIM against H. Lundbeck A/S, Otsuka Pharmaceutical Co., Ltd. by Mylan Pharmaceuticals Inc..(Copland, Gordon) |
| Filing 17 Memorandum in Opposition re #9 MOTION to Stay This Second-Filed Case Pending Resolution of Venue Challenge in First-Filed Delaware Action, #12 MOTION to Stay re #8 FirstOrder,, Plaintiffs' Motion to Stay Deadlines Pending Resolution of Plaintiffs' Motion to Stay this Second-Filed Case Pending Resolution of Venue Challenge in First-Filed Delaware Action filed by Mylan Laboratories Limited, Mylan Pharmaceuticals Inc., Viatris Inc.. (Attachments: #1 Exhibit Ex A - Novartis, #2 Exhibit Ex B - Novartis II, #3 Exhibit Ex C - Takeda, #4 Exhibit Ex D - Boehringer, #5 Exhibit Ex E - Celgene II)(Copland, Gordon) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mylan Laboratories Limited, Viatris Inc.. (Copland, Gordon) |
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Filing 14
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice of Jeanette M. Roorda. Signed by Chief District Judge Thomas S Kleeh on 05/18/2022. (kam)
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| Filing 13 NOTICE of Appearance by Brandon M. White on behalf of All Defendants (White, Brandon) |
| Filing 12 MOTION to Stay re #8 FirstOrder,, Plaintiffs' Motion to Stay Deadlines Pending Resolution of Plaintiffs' Motion to Stay this Second-Filed Case Pending Resolution of Venue Challenge in First-Filed Delaware Action by H. Lundbeck A/S, Otsuka Pharmaceutical Co., Ltd.. (Higginbotham, Daniel) |
| Filing 11 Pro Hac Vice Filing fee: $ 200.00, receipt number WVDC003447 as to attorney Jeanette M. Roorda. (kam) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice of Jeanette M. Roorda by H. Lundbeck A/S, Otsuka Pharmaceutical Co., Ltd.. (Attachments: #1 Proposed Order)(Higginbotham, Daniel) |
| Filing 9 MOTION to Stay This Second-Filed Case Pending Resolution of Venue Challenge in First-Filed Delaware Action by Otsuka Pharmaceutical Co., Ltd.. (Attachments: #1 Attachment Plaintiffs' Brief in Support of Their Motion to Stay, #2 Exhibit A, #3 Exhibit B)(Higginbotham, Daniel) |
| Filing 8 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 5/18/2022. Rule 26 Meeting Report due by 6/1/2022. Discovery due by 6/20/2022. Signed by Chief District Judge Thomas S Kleeh on 4/18/2022. (dk) |
| Filing 7 NOTICE of Appearance by Gordon H. Copland on behalf of Mylan Laboratories Limited, Mylan Pharmaceuticals Inc., Viatris Inc. (Copland, Gordon) |
| Filing 6 REPORT to USPTO on the filing or determination of an action regarding re #1 Complaint (Part 2). (dk) |
| Filing 5 REPORT to USPTO on the filing or determination of an action regarding re #1 Complaint (Part 1). (dk) |
| Filing 4 Corporate Disclosure Statement by H. Lundbeck A/S. (dk) |
| Filing 3 Corporate Disclosure Statement by Otsuka Pharmaceutical Co., Ltd. identifying Corporate Parent Otsuka Holdings Co., Ltd. (dk) |
| Filing 2 SUPPLEMENTAL INFORMATION FOR PATENT CASES INVOLVING AN ABBREVIATED NEW DRUG APPLICATION (ANDA) filed by H. Lundbeck A/S, Otsuka Pharmaceutical Co., Ltd. (dk) |
| Filing 1 COMPLAINT against Mylan Laboratories Limited, Mylan Pharmaceuticals Inc., Viatris Inc., filed by Otsuka Pharmaceutical Co., Ltd., H. Lundbeck A/S. Filing Fee PAID: $402. Receipt #AWVNDC-3460206. (Attachments: #1 Exhibit A - 680 Patent, #2 Exhibit B - 313 Patent, #3 Exhibit C - Application, #4 Exhibit D - Patent 679, #5 Exhibit E - Application, #6 Exhibit F - 469 Patent, #7 Exhibit G - Redetermination of Patent Term Adjustment, #8 Exhibit H - 427 Patent, #9 Exhibit I - Issue Notification, #10 Exhibit J - 057 Patent, #11 Exhibit K - Issue Notification, #12 Exhibit L - 803 Patent, #13 Exhibit M - 553 Patent, #14 Civil Cover Sheet) (dk) |
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