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Case number 1:17-cv-05405

Delcor Asset Corporation et al v. Taro Pharmaceutical Industries Ltd. et al > Documents

Date Field Doc. No.Description (Pages)
Jul 8, 2020 189 Motion to Seal (2)
Jul 8, 2020 188 Motion in Limine (2)
Jul 8, 2020 186 Motion to Seal (2)
Jul 8, 2020 163 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 156 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 152 Motion to Appear Pro Hac Vice (2)
Jul 8, 2020 151 Motion to Appear Pro Hac Vice (2)
Jul 8, 2020 98 Motion to Appear Pro Hac Vice (2)
Jul 8, 2020 83 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 82 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 79 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 78 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 67 Motion to Appear Pro Hac Vice (2)
Jul 8, 2020 55 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 54 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 51 Motion to Withdraw as Attorney (2)
Jul 8, 2020 N/A Set/Reset Hearings (0)
Jul 8, 2020 N/A Set/Reset Deadlines (0)
Jul 8, 2020 N/A Set/Reset Hearings (0)
Jul 8, 2020 37 Motion to Appear Pro Hac Vice (2)
Jul 8, 2020 30 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 27 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 N/A Set/Reset Hearings (0)
Jul 8, 2020 23 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 20 Motion to Appear Pro Hac Vice (1)
Jul 8, 2020 19 Motion to Appear Pro Hac Vice (1)
Oct 16, 2019 205 Letter (1)
Oct 16, 2019 205 Stipulation and Order of Dismissal (3)
Oct 16, 2019 206 Order of Dismissal (1)
Docket Text: ORDER... IT IS HEREBY ORDERED THAT this case is dismissed. IT IS FURTHER ORDERED THAT the Court retains jurisdiction to enforce the settlement agreement. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375,381 (1994). The Clerk of the Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan, Sitting by Designation on 10/16/19) (yv) Modified on 10/17/2019 (yv).
Oct 16, 2019 207 AO 120 Form Patent - Case Terminated - Submitted (2)
Docket Text: AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 10/16/19 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (yv)
Oct 16, 2019 205 Main Document (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated October 16, 2019 re: enclosing Stipulation and Order of Dismissal. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Stipulation and Order of Dismissal)(Binns, Micheal)
Oct 10, 2019 202 Motion to Seal (2)
Docket Text: MOTION to Seal Defendants' Opposition to Plaintiffs' Motion in Limine. Document filed by Taro Pharmaceutical Industries Ltd..(Lockner, Samuel)
Oct 10, 2019 203 Memorandum of Law in Support of Motion (4)
Docket Text: MEMORANDUM OF LAW in Support re: [202] MOTION to Seal Defendants' Opposition to Plaintiffs' Motion in Limine. . Document filed by Taro Pharmaceutical Industries Ltd.. (Lockner, Samuel)
Oct 10, 2019 204 Order on Motion to Seal (3)
Docket Text: MEMO ENDORSEMENT on [203] Memo of Law denying without prejudice to renewal [202] Motion to Seal. In light of the fact that Defendants have not articulated what information requires sealing or why that information is confidential, Plaintiffs' request is DENIED without prejudice to renewal. The parties are reminded that the mere fact that they have deemed nonpublic information "highly confidential" pursuant to a protective order does not overcome the presumption in favor of public records. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006) ("[C)ontinued sealing of the documents may be justified only with specific, on-the-record findings that sealing is necessary to preserve higher values and only if the sealing order is narrowly tailored to achieve that aim."). To justify sealing, the parties must point to proprietary information, trade secrets, or other sensitive information that would harm them if publicly disclosed. The parties should discuss with each other whether and why sealing is necessary before asking the permission of the Court to file a submission under seal. To request sealing, the parties may submit an application directly to chambers that (1) specifies what information requires sealing and (2) sets forth the justification for sealing. The parties may also request that the sealing application itself remain sealed. The Court will then decide either that sealing is justified or that the submissions need to be publicly docketed. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/10/2019) (mml) (mml).
Oct 9, 2019 199 Order (2)
Docket Text: ORDER. Defendants may renew their objections to the PTO with the Court should they be a matter of disagreement at the final pre-trial conference or during trial. Until that time, the Court endorses the final PTO as submitted on October 4, 2019. Moreover, both the redline and Plaintiffs' letter have not been docketed since they include sections of the submitted PTO, which is temporarily filed under seal. Accordingly, IT IS HEREBY ORDERED THAT the parties shall propose redactions to these documents no later than October 18, 2019, at which time they have already been directed to propose redactions to the final PTO. (Doc. No. 187.) SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/9/19) (yv)
Oct 9, 2019 200 Memo Endorsement (4)
Docket Text: MEMO ENDORSEMENT on re: [189] MOTION to Seal Motion in Limine No. 1 and Taro's Pretrial Memorandum. filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc. ENDORSEMENT: In light of the fact that Defendants' primary justification for sealing their motion in limine and attached exhibits is Plaintiffs' designation of those materials as "highly confidential," IT IS HEREBY ORDERED THAT, no later than October 14, 2019, Plaintiffs shall file a letter indicating whether they object to the filing of Defendants' motion and attached exhibits -- including Exhibits F and G, which Defendants contend "may" require the permission of third parties -- on the public docket. If they object, Plaintiffs must explain the need for sealing or redactions in light of Lugosch v. Pyramid Co. of Onondaga, 435 F. 3d llO, 124 (2d Ci r. 2006). So Ordered. (Signed by Judge Richard J. Sullivan on 10/9/19) (yv)
Oct 9, 2019 201 Order (2)
Docket Text: ORDER. In light of the fact that the PTO is temporarily sealed, the Court will delay docketing of Defendants' pre-trial memorandum until October 18, 2019, at which time the parties are scheduled to propose redactions to the PTO. IT IS HEREBY ORDERED THAT, by that same date, Defendants shall file a letter explaining the need for the sealing of - or redactions to - their pre-trial memorandum in light of Lugosch. Specifically, Defendants should point to any proprietary information, trade secrets, or other sensitive information that would harm the parties if publicly disclosed. SO ORDERED. (Signed by Judge Richard J. Sullivan, Sitting by Designation on 10/9/19) (yv) Modified on 10/10/2019 (yv).
Oct 7, 2019 196 Letter (4)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel T. Lockner dated 10/07/2019 re: Plaintiffs Altering Exhibits Without Defendants Consent.. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Trichi, Saukshmya)
Oct 7, 2019 198 Order (1)
Docket Text: ORDER: IT IS HEREBY ORDERED THAT, by 9:00 a.m. EDT on October 8, 2019, Defendants shall submit a redline of the submitted PTO indicating what has been deleted from or added to the version of the PTO that they signed. IT IS FURTHER ORDERED THAT, by 9:00 a.m. EDT on October 9, 2019, Plaintiffs shall submit a letter responding to Defendants' letter and specifically addressing any changes reflected in the redline, including the alleged "delet[ion of] the parties' agreed-upon invention date [of September 3, 2002] for the Patents-in-Suit.... " (Doc. No. 196 at 3.) (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 10/7/2019) (cf)
Oct 4, 2019 188 Exhibit A - Under Seal (1)
Oct 4, 2019 188 Exhibit B - Under Seal (1)
Oct 4, 2019 188 Exhibit C -Under Seal (1)
Oct 4, 2019 188 Exhibit D (8)
Oct 4, 2019 188 Exhibit E - Under Seal (1)
Oct 4, 2019 188 Exhibit F - Under Seal (1)
Oct 4, 2019 188 Exhibit G - Under Seal (1)
Oct 4, 2019 188 Exhibit H (25)
Oct 4, 2019 189 Memorandum of Law in Support of Motion to File Under Seal (5)
Oct 4, 2019 189 Declaration of Samuel T. Lockner, Esq. (3)
Oct 4, 2019 190 Notice (Other) (5)
Oct 4, 2019 190 Certificate of Service (3)
Oct 4, 2019 191 Motion in Limine (17)
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine to Preclude Evidence re Infringement. Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel) Modified on 12/30/2019 (db).
Oct 4, 2019 192 Declaration in Support of Motion (2)
Oct 4, 2019 192 Exhibit A (7)
Oct 4, 2019 192 Exhibit B (11)
Oct 4, 2019 192 Exhibit C (13)
Oct 4, 2019 192 Exhibit D (20)
Oct 4, 2019 192 Exhibit E (18)
Oct 4, 2019 192 Exhibit F (4)
Oct 4, 2019 192 Exhibit G (4)
Oct 4, 2019 192 Exhibit H (22)
Oct 4, 2019 193 Motion in Limine (6)
Docket Text: THIRD MOTION in Limine . Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Oct 4, 2019 194 Declaration in Support of Motion (2)
Oct 4, 2019 194 Exhibit A (9)
Oct 4, 2019 194 Exhibit B (8)
Oct 4, 2019 194 Exhibit C (7)
Oct 4, 2019 195 Motion in Limine (9)
Docket Text: MOTION in Limine to Preclude Evidence Regarding Invalidity Based on Patentee's Own Work and Internal Documents. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Oct 4, 2019 N/A Sealed Document (0)
Docket Text: SEALED DOCUMENT placed in vault.(mhe)
Oct 4, 2019 188 Main Document (2)
Docket Text: FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit A - Under Seal, # (2) Exhibit B - Under Seal, # (3) Exhibit C -Under Seal, # (4) Exhibit D, # (5) Exhibit E - Under Seal, # (6) Exhibit F - Under Seal, # (7) Exhibit G - Under Seal, # (8) Exhibit H)(Lockner, Samuel) Modified on 12/30/2019 (db).
Oct 4, 2019 189 Main Document (2)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal Motion in Limine No. 1 and Taro's Pretrial Memorandum. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Memorandum of Law in Support of Motion to File Under Seal, # (2) Declaration of Samuel T. Lockner, Esq.)(Lockner, Samuel) Modified on 12/30/2019 (db).
Oct 4, 2019 190 Main Document (5)
Docket Text: NOTICE of Defendants' Notice Pursuant to 35 U.S.C. § 282. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Certificate of Service)(Bilek, Jennell)
Oct 4, 2019 192 Main Document (2)
Docket Text: DECLARATION of Todd Werner in Support re: [191] SECOND MOTION in Limine to Preclude Evidence re Infringement.. Document filed by Taro Pharmaceuticals U.S.A., Inc.. (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)(Lockner, Samuel)
Oct 4, 2019 194 Main Document (2)
Docket Text: DECLARATION of Samuel Lockner in Support re: [193] THIRD MOTION in Limine .. Document filed by Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Lockner, Samuel)
Oct 2, 2019 186 Memorandum of Law in Support of Joint Motion to Seal (3)
Oct 2, 2019 186 Declaration of Micheal L. Binns in Support of Joint Motion to Seal (2)
Oct 2, 2019 187 Order on Motion to Seal (2)
Docket Text: ORDER denying without prejudice [186] Motion to Seal. The parties' request is DENIED without prejudice to renewal. Nevertheless, the parties may file their proposed pretrial order temporarily under seal on October 4, 2019. If they choose to do so, IT IS HEREBY ORDERED THAT the parties shall submit to the Court proposed redactions of the proposed pretrial order, including specific justifications for why the standards for sealing portions of the order are met pursuant to Lugosch, 435 F.3d at 124, no later than October 18, 2019. In particular, the parties should address why any proprietary information, trade secrets, or other sensitive information in the submission would harm the parties if publicly disclosed. The Clerk of Court is respectfully directed to terminate the motion pending at document number 186. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/2/19) (yv) Modified on 10/3/2019 (yv).
Oct 2, 2019 186 Main Document (2)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION to Seal Proposed Pretrial Submissions. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Memorandum of Law in Support of Joint Motion to Seal, # (2) Declaration of Micheal L. Binns in Support of Joint Motion to Seal)(Binns, Micheal) Modified on 12/23/2019 (db).
Oct 1, 2019 184 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated October 1, 2019 re: joint request for permission to deliver documentary evidence cited in pretrial order by electronic means. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Oct 1, 2019 185 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [184] Letter request for permission to deliver documentary evidence cited in pretrial order by electronic means, filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc. ENDORSEMENT: The parties' request is GRANTED. IT IS HEREBY ORDERED THAT the parties shall provide the Court with two (2) electronic copies of the documentary evidence in this case no later than October 4, 2019. So Ordered. (Signed by Judge Richard J. Sullivan on 10/1/19) (yv)
Sep 23, 2019 183 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated September 23, 2019 re: Claims asserted by plaintiffs. Document filed by Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Sep 17, 2019 182 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [181] Letter response to Taro's letter (ECF No. 174), filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc. ENDORSEMENT: IT IS HEREBY ORDERED THAT, no later than close of business on September 23, 2019, Plaintiffs shall file a submission indicating the claims on which they intend to proceed at trial. No further extensions will be granted. So Ordered. (Signed by Judge Richard J. Sullivan on 9/17/19) (yv)
Sep 16, 2019 180 Notice of Filing Transcript (1)
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 8/23/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
Sep 16, 2019 181 Letter (2)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated September 16, 2019 re: response to Taro's letter (ECF No. 174) dated September 13, 2019 regarding narrowing number of patent claims. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Sep 13, 2019 174 Letter (3)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel T. Lockner dated September 13, 2019 re: requesting telephonic conference re narrowing number of patent claims. Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Sep 13, 2019 175 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated September 13, 2019 re: correction of patent expiration dates listed in Orange Book. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Sep 13, 2019 177 Memo Endorsement (3)
Docket Text: MEMO ENDORSEMENT on re: [174] Letter narrowing number of patent claims filed by Taro Pharmaceuticals U.S.A., Inc. ENDORSEMENT: IT IS HEREBY ORDERED THAT Plaintiffs shall file a letter responding to the concerns articulated in this letter no later than Monday, September 16, 2019, at which time the Court will decide whether a telephone conference is necessary. So Ordered. (Signed by Judge Richard J. Sullivan on 9/13/19) (yv)
Sep 13, 2019 178 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [175] Letter correction of patent expiration dates listed in Orange Book filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc. ENDORSEMENT: Since there no longer appears to be a dispute between the parties as to the expiration date of the '747 patent, Defendants' affirmative defense of OTDP would appear to be inapplicable, and their request for a declaratory judgment moot. So Ordered. (Signed by Judge Richard J. Sullivan on 9/13/19) (yv)
Sep 11, 2019 172 Letter (2)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated 09/11/2019 re: Delcor Asset Corporation et al. v. Taro Pharmaceutical Industries Ltd. et al. Case No. 1:17-cv-05405-RJS (S.D.N.Y.). Document filed by Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Sep 11, 2019 173 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [172] LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated 09/11/2019 re: Delcor Asset Corporation et al. v. Taro Pharmaceutical Industries Ltd. et al. Case No. 1:17-cv-05405-RJS (S.D.N.Y.). Document filed by Mylan Pharmaceuticals, Inc. ENDORSEMENT: The parties' request is GRANTED. IT IS HEREBY ORDERED THAT the parties shall file their proposed pretrial order no later than October 4, 2019. So ordered. (Proposed Pretrial Order due by 10/4/2019.) (Signed by Judge Richard J. Sullivan on 9/11/2019) (rjm)
Sep 9, 2019 171 Letter (2)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel T. Lockner dated 09/09/2019 re: Clarification of September 6 Letter re Dr. Chambliss. Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Sep 6, 2019 N/A Notice Regarding Deleted Document (0)
Docket Text:***DELETED DOCUMENT. Deleted document ORDER. The document was incorrectly filed in this case. (yv) Modified on 9/13/2019 (yv).
Sep 6, 2019 169 Letter (2)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated September 6, 2019 re: Obvious Type Double Patenting issue and trial availability. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Sep 6, 2019 170 Letter (4)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel Lockner dated September 6, 2019 re: double patenting issue and trial dates. Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Sep 6, 2019 176 Order (2)
Docket Text: ORDER, IT IS HEREBY ORDERED THAT, in their September 13, 2019 letter, Plaintiffs shall respond to Defendants' request for a declaratory judgment and inform the Court as to when Mylan plans to formally correct the expiration date. IT IS FURTHER ORDERED THAT the bench trial previously scheduled to commence on October 15, 2019 at 9:30 a.m. shall commence on Monday, November 4, 2019 at 9:30 a.m. in Courtroom 15A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. IT IS FURTHER ORDERED THAT, as set forth in the Court's August 23, 2019 order, the parties' deadline to submit affidavits constituting the direct testimony of each trial witness shall be Friday, October 25, 2019. Given this later deadline, IT IS FURTHER ORDERED THAT each party shall submit a list of all affiants whom the party's counsel intends to cross-examine at trial no later than Monday, October 29, 2019. Finally, IT IS FURTHER ORDERED THAT the parties shall appear for a final pretrial conference on Wednesday, October 30, 2019 at 10:30 a.m. to discuss the trial. All other deadlines remain. SO ORDERED. (Bench Trial set for 11/4/2019 at 09:30 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan., Final Pretrial Conference set for 10/30/2019 at 10:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan, Sitting by Designation on 9/6/19) (yv)
Aug 28, 2019 167 Notice of Appearance (2)
Docket Text: NOTICE OF APPEARANCE by Todd S. Werner on behalf of Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Werner, Todd)
Aug 28, 2019 168 Notice of Appearance (2)
Docket Text: NOTICE OF APPEARANCE by Nathan Louwagie on behalf of Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Louwagie, Nathan)
Aug 23, 2019 N/A Status Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Status Conference held on 8/23/2019. Attorneys Micheal Binns and Robert Florence present for Plaintiffs Delcor Asset Corporation and Mylan Pharmaceuticals Inc. Attorney Kevin Flannery present for Involuntary Plaintiff Stiefel West Coast, LLC. Attorneys Samuel Lockner and Jennell Bilek present for Defendants. Court reporter present. As set forth in a separately-docketed order, the Court ruled on Plaintiffs' contemplated summary judgment motion and Defendants' contemplated motion to strike. (O'Neil, Margaret)
Aug 23, 2019 166 Order (2)
Docket Text: ORDER. IT IS HEREBY ORDERED THAT Plaintiffs' summary judgment motion as to infringement is deemed made and DENIED. IT IS FURTHER ORDERED THAT the Court will reserve judgment regarding Plaintiffs' request to move for summary judgment on the OTDP defense. Accordingly, IT IS FURTHER ORDERED THAT Defendants shall file a supplemental letter no later than September 6, 2019, not to exceed four pages, that addresses the elements of the OTDP defense and 35 U.S.C. § 121, as well as whether they will request permission to amend the complaint, and the prejudice involved in doing so. IT IS FURTHER ORDERED THAT Plaintiffs shall file a letter in response - also not to exceed four pages - no later than September 13, 2019. As further set forth on the record on August 23, 2019, Defendants' motion to strike is deemed made and DENIED as to the infringement contention, but as to the non-obviousness contention, Defendants' request to serve a narrow supplemental expert report regarding the octanol-water partition coefficient is GRANTED. IT IS FURTHER ORDERED THAT Plaintiffs may re-depose Defendants' expert on that limited subject. IT IS FURTHER ORDERED THAT the parties' deadline to submit affidavits constituting the direct testimony of each trial witness shall be extended until ten days before trial. Finally, IT IS FURTHER ORDERED THAT, in their September 6 and September 13 letters, the parties shall set forth their availability for a November or December trial date. SO ORDERED. (Signed by Judge Richard J. Sullivan, Sitting by Designation on 8/23/19) (yv)
Aug 22, 2019 165 Order (4)
Docket Text: ORDER, IT IS HEREBY ORDERED THAT, no later than September 20, 2019 the parties shall jointly submit a Proposed Pretrial Order that includes, in separately numbered paragraphs, the information required by Federal Rule of Civil Procedure 26(a)(3), as well as the following information as further set forth in this Order. IT IS FURTHER ORDERED THAT the parties shall jointly file with the Proposed Pretrial Order the following submissions as further set forth in this Order. IT IS FURTHER ORDERED THAT, at the time that the Proposed Pretrial Order is filed, each party shall serve (but not file) the following submissions and shall submit two courtesy copies of these submissions as well as digital copies on CD or DVD discs to chambers as further set forth in this Order. IT IS FURTHER ORDERED THAT, within three business days after the parties submit the above-mentioned affidavits, each party shall submit a list of all affiants whom the party's counsel intends to cross-examine at trial. IT IS FURTHER ORDERED THAT only those witnesses who will be cross-examined need appear at trial. IT IS FURTHER ORDERED THAT, within one week of the filing of the Proposed Pretrial Order, any party may file the following documents: Oppositions to any motions in limine; and Oppositions to any legal arguments set forth in a pretrial memorandum. Finally, IT IS FURTHER ORDERED THAT trial in this matter shall commence on October 15, 2019 at 9: 30 a.m. in Courtroom ISA of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. SO ORDERED. (Proposed Pretrial Order due by 9/20/2019., Bench Trial set for 10/15/2019 at 09:30 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan, Sitting by Designation on 8/22/19) (yv) Modified on 10/16/2019 (yv).
Aug 21, 2019 N/A Notice Regarding Pro Hac Vice Motion (0)
Docket Text:>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [163] MOTION for Kevin M. Flannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17462965. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
Aug 21, 2019 164 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER ADMITTING COUNSEL PRO HAC VICE granting [163] Motion for Kevin M. Flannery to Appear Pro Hac Vice. The motion of Kevin M. Flannery, Esq., for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Kevin M. Flannery is hereby admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Richard J. Sullivan on 8/21/19) (yv)
Aug 20, 2019 163 Declaration of Kevin M. Flannery (2)
Aug 20, 2019 163 Exhibit 1 (1)
Aug 20, 2019 163 Text of Proposed Order (2)
Aug 20, 2019 163 Main Document (1)
Docket Text: MOTION for Kevin M. Flannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17462965. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stiefel West Coast, LLC. (Attachments: # (1) Declaration of Kevin M. Flannery, # (2) Exhibit 1, # (3) Text of Proposed Order)(Flannery, Kevin)
Aug 14, 2019 161 Letter (3)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel T Lockner dated August 14, 2019 re: Pre-Motion Responsive Letter. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Aug 14, 2019 162 Letter (3)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated August 14, 2019 re: Response to Defendants' Pre-Motion Letter (ECF No. 157). Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Aug 10, 2019 159 Order (1)
Docket Text: ORDER, Pursuant to this Court's Individual Rule 2.A, IT IS HEREBY ORDERED THAT the patties shall file their respective responses to these letters no later than Wednesday, August 14, 2019. IT IS FURTHER ORDERED THAT the post-discovery conference scheduled for August 23, 2019 shall also serve as a pre-motion conference on these contemplated motions. The conference shall take place at 2:00 p.m. in Courtroom 15A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. SO ORDERED. (Pre-Motion Conference set for 8/23/2019 at 02:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan, Sitting by Designation on 8/10/19) (yv) Modified on 10/9/2019 (yv).
Aug 9, 2019 N/A Notice Regarding Pro Hac Vice Motion (0)
Aug 9, 2019 156 Affidavit of Tasneem A. Dharamsi (1)
Aug 9, 2019 156 Certificate of Good Standing (2)
Aug 9, 2019 156 Text of Proposed Order (2)
Aug 9, 2019 157 Letter (3)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel T Lockner dated 08/09/2019 re: Pre-motion Letter. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Aug 9, 2019 158 Letter (3)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated August 9, 2019 re: Pre-motion Letter. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Aug 9, 2019 160 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [156] Motion for Tasneem Amin Dharamsi to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/9/2019) (ne)
Aug 9, 2019 156 Main Document (1)
Docket Text: MOTION for Tasneem Amin Dharamsi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17401550. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Tasneem A. Dharamsi, # (2) Certificate of Good Standing, # (3) Text of Proposed Order)(Dharamsi, Tasneem)
Aug 1, 2019 153 Order on Motion for Reconsideration (4)
Docket Text: ORDER denying [128] MOTION for Reconsideration re; [120] Order. Accordingly, Defendants' motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 128. SO ORDERED. (Signed by UNITED STATES CIRCUIT JUDGE Richard J. Sullivan Sitting by Designation on 7/31/2019) (jca)
Jul 31, 2019 154 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER ADMITTING COUNSEL PRO HAC VICE granting [151] MOTION for Nathan David Louwagie to Appear Pro Hac Vice. (Signed by UNITED STATES CIRCUIT JUDGE Richard J. Sullivan Sitting by Designation on 7/31/2019) (jca)
Jul 31, 2019 155 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER ADMITTING COUNSEL PRO HAC VICE granting [152] MOTION for Todd Stephen Werner to Appear Pro Hac Vice. (Signed by UNITED STATES CIRCUIT JUDGE Richard J. Sullivan Sitting by Designation on 7/31/2019) (jca)
Jul 29, 2019 N/A Notice Regarding Pro Hac Vice Motion (0)
Jul 29, 2019 N/A Notice Regarding Pro Hac Vice Motion (0)
Jul 29, 2019 151 Declaration in Support of Motion (4)
Jul 29, 2019 151 Proposed Order (2)
Jul 29, 2019 152 Declaration in Support of Motion (4)
Jul 29, 2019 152 Proposed Order (2)
Jul 29, 2019 151 Main Document (2)
Docket Text: MOTION for Nathan David Louwagie to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17331604. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Declaration in Support of Motion, # (2) Proposed Order)(Lockner, Samuel)
Jul 29, 2019 152 Main Document (2)
Docket Text: MOTION for Todd Stephen Werner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17331756. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Declaration in Support of Motion, # (2) Proposed Order)(Lockner, Samuel)
May 20, 2019 150 Notice (Other) (3)
Docket Text: NOTICE of Withdrawal of Counsel of Sharad K. Bijanki of Parker Poe re: [24] Order on Motion to Appear Pro Hac Vice,. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Binns, Micheal)
May 6, 2019 148 Order on Motion for Leave to File Document (2)
Docket Text: SEALED ORDER denying [140] Motion for Leave to File Document. Accordingly, Defendants' motion is denied. IT IS HEREBY ORDERED THAT, no later than May 3, 2019, the parties shall file a joint letter indicating whether they still wish to file Exhibit 1 under seal, and if so, explaining the need for redactions of specific proprietary or otherwise highly sensitive information contained in the transcripts. In the interim, the Court will delay docketing of this Order and the unredacted Exhibit 1. The Clerk of the Court is respectfully directed to terminate the motion pending at docket number 140. SO ORDERED. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 4/29/2019) (ne) Modified on 5/7/2019 (ne). Modified on 8/21/2019 (ne).
May 6, 2019 149 Declaration in Support of Motion (2)
May 6, 2019 149 Exhibit 4 (15)
May 6, 2019 149 Main Document (2)
Docket Text: DECLARATION of Jennell Bilek in Support re: [140] MOTION for Leave to File excerpts of Michael Lowenborg deposition transcript .. Document filed by Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit 4)(Lockner, Samuel)
May 3, 2019 146 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel Lockner dated May 3, 2019 re: objection withdrawn to Exhibit 1. Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
May 3, 2019 147 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [146] Letter filed by Taro Pharmaceuticals U.S.A., Inc. ENDORSEMENT: IT IS HEREBY ORDERED THAT Defendants shall file the unredacted Exhibit 1 forthwith. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/3/2019) (ne)
Apr 17, 2019 144 Reply Memorandum of Law in Support of Motion (14)
Docket Text: REPLY MEMORANDUM OF LAW in Support re: [128] MOTION for Reconsideration re; [120] Order,, . . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Lockner, Samuel)
Apr 17, 2019 145 Declaration in Support of Motion (2)
Apr 17, 2019 145 Exhibit 1 (5)
Apr 17, 2019 145 Exhibit 2 (6)
Apr 17, 2019 145 Exhibit 3 (4)
Apr 17, 2019 145 Exhibit 4 (1)
Apr 17, 2019 145 Exhibit 5 (8)
Apr 17, 2019 145 Exhibit 6 (6)
Apr 17, 2019 145 Exhibit 7 (6)
Apr 17, 2019 145 Main Document (2)
Docket Text: DECLARATION of Samuel Lockner in Support re: [128] MOTION for Reconsideration re; [120] Order,, .. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Lockner, Samuel)
Apr 16, 2019 N/A Notice to Court Regarding Proposed Order (0)
Docket Text:***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [143] Proposed Order was reviewed and approved as to form. (ad)
Apr 16, 2019 140 Motion for Leave to File Document (2)
Docket Text: MOTION for Leave to File excerpts of Michael Lowenborg deposition transcript . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Apr 16, 2019 141 Memorandum of Law in Support of Motion (7)
Docket Text: MEMORANDUM OF LAW in Support re: [140] MOTION for Leave to File excerpts of Michael Lowenborg deposition transcript . . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Lockner, Samuel)
Apr 16, 2019 142 Declaration in Support of Motion (2)
Apr 16, 2019 142 Exhibit 1 (15)
Apr 16, 2019 143 Proposed Order (1)
Docket Text: PROPOSED ORDER. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Lockner, Samuel) Proposed Order to be reviewed by Clerk's Office staff.
Apr 16, 2019 142 Main Document (2)
Docket Text: DECLARATION of Jennell C. Bilek in Support re: [140] MOTION for Leave to File excerpts of Michael Lowenborg deposition transcript .. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit 1)(Lockner, Samuel)
Apr 8, 2019 139 Order (2)
Docket Text: ORDER: The Court is in receipt of the parties' letters setting forth proposed discovery deadlines, on which the parties cannot agree. (Doc. No. 127, 136.) Pending resolution of the ongoing motion for reconsideration of this Court's claim construction order, IT IS HEREBY ORDERED THAT the parties shall adhere to the following case management schedule: Close of Expert Discovery August 2, 2019. All Discovery Complete August 2, 2019. Bench Trial October 15, 2019. (Discovery due by 8/2/2019. Expert Discovery due by 8/2/2019.) (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 4/8/2019) (ne)
Apr 5, 2019 137 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated April 5, 2019 re: responding to Taro defendants' letter dated April 4, 2019 (Dkt No. 136). Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Apr 5, 2019 138 Memorandum of Law in Opposition to Motion (18)
Apr 5, 2019 138 Declaration of Micheal L. Binns (2)
Apr 5, 2019 138 Main Document (18)
Docket Text: MEMORANDUM OF LAW in Opposition re: [128] MOTION for Reconsideration re; [120] Order,, . . Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Declaration of Micheal L. Binns)(Binns, Micheal)
Apr 4, 2019 136 Letter (2)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel Lockner dated April 4, 2019 re: proposed revised case schedule. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Mar 18, 2019 135 Order on Motion for Leave to File Document (1)
Docket Text: ORDER terminating [123] Motion for Leave to File Document. The Court is in receipt of Defendants' motion to file under seal - in connection with their anticipated motion for reconsideration of the Court's claim construction order - Exhibit 1, which sets forth deposition excerpts of Michael Lowenborg, the Rule 30(b)(6) designee of Plaintiffs Delcor Asset Corporation and Mylan Pharmaceuticals, Inc. (Doc. No. 123), and Plaintiffs' response (Doc. No. 133). The parties now agree that sealing is not warranted. Accordingly, IT IS HEREBY ORDERED THAT Defendants shall docket Exhibit 1 by March 19, 2019. SO ORDERED. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 3/18/2019) (ne)
Mar 14, 2019 133 Response to Motion (3)
Docket Text: RESPONSE to Motion re: [123] MOTION for Leave to File Motion to File Under Seal . . Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Binns, Micheal)
Mar 14, 2019 134 Declaration in Support of Motion (2)
Mar 14, 2019 134 Exhibit A (5)
Mar 14, 2019 134 Main Document (2)
Docket Text: DECLARATION of Samuel T. Lockner in Support re: [128] MOTION for Reconsideration re; [120] Order,, .. Document filed by Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit A)(Lockner, Samuel)
Mar 13, 2019 132 Order (1)
Docket Text: ORDER: The Court is in receipt of Defendants' Motion for Reconsideration (Doc. No. 128) and the papers filed in support thereof. In light of Defendants' motion, IT IS HEREBY ORDERED THAT Plaintiffs shall respond to Defendants' motion no later than April 5, 2019, and that Defendants shall file their reply, if any, no later than April 17, 2019. Set Deadlines/Hearing as to [128] MOTION for Reconsideration re; [120] Order . The Court is in receipt of Defendants' Motion for Reconsideration (Doc. No. 128) and the papers filed in support thereof. In light of Defendants' motion, IT IS HEREBY ORDERED THAT Plaintiffs shall respond to Defendants' motion no later than April 5, 2019, and that Defendants shall file their reply, if any, no later than April 17, 2019. SO ORDERED. (Responses due by 4/5/2019. Replies due by 4/17/2019.) (Signed by Judge Richard J. Sullivan on 3/13/2019) (js)
Mar 12, 2019 N/A Notice to Court Regarding Proposed Order (0)
Mar 12, 2019 123 Motion for Leave to File Document (2)
Docket Text: MOTION for Leave to File Motion to File Under Seal . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Mar 12, 2019 124 Memorandum of Law in Support of Motion (4)
Docket Text: MEMORANDUM OF LAW in Support re: [123] MOTION for Leave to File Motion to File Under Seal . . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Lockner, Samuel)
Mar 12, 2019 125 Declaration in Support of Motion (2)
Mar 12, 2019 125 Exhibit 1 - REDACTED (5)
Mar 12, 2019 126 Proposed Order (1)
Docket Text: PROPOSED ORDER. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. Related Document Number: [123]. (Lockner, Samuel) Proposed Order to be reviewed by Clerk's Office staff.
Mar 12, 2019 127 Letter (1)
Mar 12, 2019 127 Revised Case Management Plan and Scheduling Order (7)
Mar 12, 2019 128 Motion for Reconsideration (2)
Docket Text: MOTION for Reconsideration re; [120] Order,, . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Mar 12, 2019 129 Declaration in Support of Motion (2)
Mar 12, 2019 129 Exhibit A (1)
Mar 12, 2019 129 Exhibit B (11)
Mar 12, 2019 129 Exhibit C (7)
Mar 12, 2019 129 Exhibit D (5)
Mar 12, 2019 129 Exhibit E (3)
Mar 12, 2019 130 Memorandum of Law in Support of Motion (19)
Docket Text: MEMORANDUM OF LAW in Support re: [128] MOTION for Reconsideration re; [120] Order,, . . Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Lockner, Samuel)
Mar 12, 2019 131 Order (1)
Docket Text: ORDER: The Court is in receipt of Defendants' motion to file under seal-in connection with their anticipated motion for reconsideration of the Court's claim construction order-Exhibit 1, which sets forth deposition excerpts of Michael Lowenborg, the Rule 30(b)(6) designee of Plaintiffs Delcor Asset Corporation and Mylan Pharmaceuticals, Inc. (Doc. No. 123.) According to their motion, Defendants contacted Plaintiffs on March 11, 2019 to confirm that the excerpts do not contain information considered "Confidential" or "Highly Confidential" (id. at 2) under their May 16, 2018 protective order (Doc. No. 77). Plaintiffs have not responded. Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs shall respond to Defendants' motion no later than March 14, 2019. ( Responses due by 3/14/2019) (Signed by United States Circuit Judge Richard J. Sullivan, Sitting by Designation on 3/12/2019) (mro)
Mar 12, 2019 125 Main Document (2)
Docket Text: DECLARATION of Samuel T. Lockner in Support re: [123] MOTION for Leave to File Motion to File Under Seal .. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit 1 - REDACTED)(Lockner, Samuel)
Mar 12, 2019 127 Main Document (1)
Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated March 12, 2019 re: enclosing Revised Case Management Plan and Scheduling Order. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Revised Case Management Plan and Scheduling Order)(Binns, Micheal)
Mar 12, 2019 129 Main Document (2)
Docket Text: DECLARATION of Samuel T. Lockner in Support re: [128] MOTION for Reconsideration re; [120] Order,, .. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Lockner, Samuel)
Mar 9, 2019 122 Order on Motion for Extension of Time to File (2)
Docket Text: ORDER granting [121] LETTER MOTION for Extension of Time to File proposed revised case management plan addressed to Judge Richard J. Sullivan from Micheal L. Binns dated March 8, 2019. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc. The parties' joint request for an extension to submit their proposed revised case management plan is GRANTED. IT IS HEREBY ORDERED THAT the parties shall submit their revised case management plan no later than March 12, 2019. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/9/2019) (rjm)
Mar 8, 2019 121 Motion for Extension of Time to File (2)
Docket Text: LETTER MOTION for Extension of Time to File proposed revised case management plan addressed to Judge Richard J. Sullivan from Micheal L. Binns dated March 8, 2019. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Feb 26, 2019 120 Order (14)
Docket Text: ORDER: For the reasons stated above, the Court adopts the construction of the term "base" set forth in this opinion and rejects Defendants' proposed construction. In light of this Order, IT IS HEREBY ORDERED that all deadlines set out in the case management plan dated January 12, 2018, and the Court's January 22, 2019 Order regarding expert deadlines (Doc. No. 119) are vacated. IT IS FURTHER ORDERED that the parties shall submit a revised proposed case management plan within ten days of the date of this Order. SO ORDERED. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 2/26/2019) (ne)
Jan 25, 2019 119 Memo Endorsement (2)
Docket Text: Vacated as per Judge's Order dated 2/26/2019, Doc. # 120 MEMO ENDORSEMENT on re: [118] Letter filed by Taro Pharmaceuticals U.S.A., Inc. ENDORSEMENT: IT IS HEREBY ORDERED that the parties shall adhere to the discovery schedule set out above. All other dates in the operative Case Management Plan (Doc. No. 62) remain unchanged. SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/22/2019) (ne) Modified on 2/26/2019 (ne).
Jan 22, 2019 118 Letter (2)
Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Samuel T. Lockner dated January 22, 2019 re: deadlines re parties' expert report exchange. Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Nov 2, 2018 117 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated November 2, 2018 re: in response to the Taro Defendants' letter to Judge Sullivan (ECF 116). Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Oct 31, 2018 115 Letter (1)
Oct 31, 2018 115 Memorandum Order (Delcor v. Glenmark, D. Del. 17-cv-1653) (9)
Oct 31, 2018 116 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel Lockner dated October 31, 2018 re: in response to ECF 115 letter to Judge Sullivan. Document filed by Taro Pharmaceuticals U.S.A., Inc..(Lockner, Samuel)
Oct 31, 2018 115 Main Document (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated October 31, 2018 re: claim construction Memorandum Order in Delcor Asset Corp. and Mylan Pharms. Inc. v. Glenmark Pharms. Ltd., et al., 17-1653-RGA (D. Del.). Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Memorandum Order (Delcor v. Glenmark, D. Del. 17-cv-1653))(Binns, Micheal)
Oct 11, 2018 113 Transcript (147)
Docket Text: TRANSCRIPT of Proceedings re: ARGUMENT held on 9/18/2018 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/9/2019.(McGuirk, Kelly)
Oct 11, 2018 114 Notice of Filing Transcript (1)
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/18/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
Oct 2, 2018 112 Letter (2)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Samuel T. Lockner dated October 2, 2018 re: response to Mylan letter dated September 28, 2018. Document filed by Taro Pharmaceutical Industries Ltd..(Lockner, Samuel)
Sep 28, 2018 111 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated September 28, 2018 re: claim construction in Delcor Asset Corp. and Mylan Pharms. Inc. v. Glenmark Pharms. Ltd., et al., 17-1653-RGA (D. Del.). Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
Sep 18, 2018 N/A Claim Construction Hearing (0)
Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Claim Construction Hearing held on 9/18/2018. Robert L. Florence and Micheal L. Binns present for Plaintiffs. Samuel T. Lockner and Jennell C. Bilek present for Defendants. Court reporter present. The parties presented argument regarding claim construction. The Court reserved decision. (Brody, Peter)
Sep 17, 2018 110 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [109] Notice (Other) filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc. ENDORSEMENT: In light of the fact that Defendants Taro Pharmaceutical Industries Ltd. and Taro Pharmaceuticals USA, Inc. will continue to be represented other counsel, IT IS HEREBY ORDERED that Mark D. Schuman is permitted to withdraw as counsel of record for Defendants. The Clerk of Court is respectfully directed to terminate Mr. Schuman as counsel of record for Defendants. SO ORDERED. Attorney Mark David Schuman terminated. (Signed by Judge Richard J. Sullivan on 9/17/2018) (ne)
Sep 14, 2018 109 Notice (Other) (2)
Docket Text: NOTICE of Withdrawal of Counsel Mark D. Schuman of Carlson Caspers re: [68] Order on Motion to Appear Pro Hac Vice,. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Klein, Wendy)
Sep 12, 2018 107 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Brian M. Goldberg dated 9/12/2018 re: Claim Construction Hearing. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
Sep 12, 2018 108 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [107] Letter filed by Stiefel West Coast, LLC. ENDORSEMENT: IT IS HEREBY ORDERED that Involuntary Plaintiff Stiefel West Coast LLC is not required to attend the claim construction proceeding that will be held in this action on September 18, 2018. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/12/2018) (ne)
Aug 22, 2018 106 Brief (16)
Aug 22, 2018 106 Declaration of Micheal L. Binns (2)
Aug 22, 2018 106 Exhibit A (8)
Aug 22, 2018 106 Exhibit B (6)
Aug 22, 2018 106 Exhibit C (3)
Aug 22, 2018 106 Exhibit D (4)
Aug 22, 2018 106 Exhibit E (3)
Aug 22, 2018 106 Exhibit F (28)
Aug 22, 2018 106 Main Document (16)
Docket Text: BRIEF Plaintiffs Delcor Asset Corporation's and Mylan Pharmaceuticals Inc.'s Reply Claim Construction Brief. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Declaration of Micheal L. Binns, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F)(Binns, Micheal)
Aug 15, 2018 103 Response (30)
Docket Text: RESPONSE Claim Construction Brief. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Bilek, Jennell)
Aug 15, 2018 104 Declaration in Support (4)
Aug 15, 2018 104 Exhibit 1 (4)
Aug 15, 2018 104 Exhibit 2 (11)
Aug 15, 2018 104 Exhibit 3 (6)
Aug 15, 2018 104 Exhibit 4 (14)
Aug 15, 2018 104 Exhibit 5 (11)
Aug 15, 2018 104 Exhibit 6 (16)
Aug 15, 2018 104 Exhibit 7 (7)
Aug 15, 2018 104 Exhibit 8 (8)
Aug 15, 2018 104 Exhibit 9 (9)
Aug 15, 2018 104 Exhibit 10 (3)
Aug 15, 2018 104 Exhibit 11 (14)
Aug 15, 2018 104 Exhibit 12 (2)
Aug 15, 2018 104 Exhibit 14 (11)
Aug 15, 2018 104 Exhibit 15 (7)
Aug 15, 2018 105 Certificate of Service Other (3)
Docket Text: CERTIFICATE OF SERVICE. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Bilek, Jennell)
Aug 15, 2018 104 Main Document (4)
Docket Text: DECLARATION of Samuel Lockner in Support re: [103] Response. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., 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 14, # (14) Exhibit 15)(Bilek, Jennell)
Jul 27, 2018 101 Transcript (22)
Docket Text: TRANSCRIPT of Proceedings re: conference held on 6/25/2018 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/25/2018.(McGuirk, Kelly)
Jul 27, 2018 102 Notice of Filing Transcript (1)
Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/25/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
Jul 16, 2018 100 Brief (23)
Jul 16, 2018 100 Declaration of Micheal L. Binns in Support of Plaintiffs' Opening Claim Co (3)
Jul 16, 2018 100 Exhibit 1 (173)
Jul 16, 2018 100 Exhibit 2 (4)
Jul 16, 2018 100 Exhibit 3 (17)
Jul 16, 2018 100 Exhibit 4 (6)
Jul 16, 2018 100 Exhibit 5 (3)
Jul 16, 2018 100 Exhibit 6 (20)
Jul 16, 2018 100 Exhibit 7 (9)
Jul 16, 2018 100 Exhibit 8 (5)
Jul 16, 2018 100 Exhibit 9 (2)
Jul 16, 2018 100 Exhibit 10 (23)
Jul 16, 2018 100 Main Document (23)
Docket Text: BRIEF Plaintiffs Delcor Asset Corporation's and Mylan Pharmaceuticals Inc.'s Opening Claim Construction Brief. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Declaration of Micheal L. Binns in Support of Plaintiffs' Opening Claim Construction Brief, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10)(Binns, Micheal)
Jul 11, 2018 99 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER ADMITTING COUNSEL PRO HAC VICE granting [98] Motion for Saukshmya Trichi to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/10/2018) (ne)
Jul 9, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
Jul 9, 2018 98 Declaration of Saukshmya Trichi (6)
Jul 9, 2018 98 Text of Proposed Order (2)
Jul 9, 2018 98 Main Document (2)
Docket Text: MOTION for Saukshmya Trichi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15299216. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Declaration of Saukshmya Trichi, # (2) Text of Proposed Order)(Trichi, Saukshmya)
Jun 26, 2018 97 Order (1)
Docket Text: ORDER: On Monday, June 25, 2018, the Court held a pre-motion conference in this action regarding Defendants' contemplated motion for summary judgment. For the reasons set forth on the record during the conference, IT IS HEREBY ORDERED that Defendants' contemplated motion for summary judgment is deemed made and DENIED without prejudice to renewal following claim construction. IT IS FURTHER ORDERED that the parties shall appear on Tuesday, September 18, 2018 at 2:00 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York for a claim construction hearing regarding U.S. Patent Numbers 7, 141,237 and 7,374,747. Each side shall have ninety minutes to present evidence and argument as they see fit. SO ORDERED. (Claim Construction Hearing set for 9/18/2018 at 02:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/25/2018) (ne)
Jun 25, 2018 N/A Pre-Motion Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 6/25/2018. Micheal L. Binns and Robert L. Florence present for Plaintiffs Delcor Asset Corporation and Mylan Pharmaceuticals, Inc. Samuel T. Lockner and Jennell C. Bilek present for Defendants Taro Pharmaceutical Industries Ltd. and Taro Pharmaceuticals U.S.A., Inc. Court reporter present. The Court heard argument regarding Defendants' contemplated motion for summary judgment. (Brody, Peter)
Jun 20, 2018 95 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Brian M. Goldberg dated 6/20/2018 re: Pre-Motion Conference. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
Jun 20, 2018 96 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [95] Letter filed by Stiefel West Coast, LLC. ENDORSEMENT: IT IS HEREBY ORDERED that Involuntary Plaintiff Stiefel West Coast LLC is not required to attend the pre-motion conference that will be held in this action on June 25, 2018. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/20/2018) (anc)
Jun 19, 2018 N/A Settlement Conference (0)
Docket Text: Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Settlement Conference was held on 6/19/2018. The settlement conference was unsuccessful. (Midwood, Laura)
Jun 15, 2018 94 Notice (Other) (3)
Jun 15, 2018 94 Exhibit A (5)
Jun 15, 2018 94 Main Document (3)
Docket Text: NOTICE of Joint Claim Construction Chart. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Exhibit A)(Binns, Micheal)
Jun 11, 2018 93 Response to Motion (3)
Docket Text: LETTER RESPONSE to Motion addressed to Judge Richard J. Sullivan from Micheal L. Binns dated June 11, 2018 re: [91] LETTER MOTION for Leave to File early motion for summary judgment addressed to Judge Richard J. Sullivan from Samuel Lockner dated June 6, 2018. . Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Binns, Micheal)
Jun 7, 2018 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Responses due by 6/11/2018 (ne)
Jun 6, 2018 N/A Set/Reset Hearings (0)
Docket Text: Set/Reset Hearings: Pre-Motion Conference set for 6/25/2018 at 11:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (ne)
Jun 6, 2018 91 Motion for Leave to File Document (3)
Docket Text: LETTER MOTION for Leave to File early motion for summary judgment addressed to Judge Richard J. Sullivan from Samuel Lockner dated June 6, 2018. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Bilek, Jennell)
Jun 6, 2018 92 Order on Motion for Leave to File Document (1)
Docket Text: ORDER granting [91] Letter Motion for Leave to File Document. The Court is in receipt of Defendants' pre-motion letter, dated June 6, 2018, requesting a pre-motion conference in connection with Defendants' contemplated motion for summary judgment of non-infringement. (Doc. No. 91.) As provided by the Court's Individual Rule 2.A, Plaintiffs shall respond to Defendants' pre-motion letter no later than Monday, June 11, 2018. IT IS FURTHER ORDERED that the parties shall appear for a pre-motion conference to discuss Defendants' contemplated motion on June 25, 2018 at 11 :00 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 91. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/6/2018) (ne) Modified on 8/20/2018 (ne). Modified on 8/20/2018 (ne).
May 25, 2018 86 Amended Complaint (16)
May 25, 2018 86 Exhibit A (28)
May 25, 2018 86 Exhibit B (28)
May 25, 2018 87 Answer to Amended Complaint (13)
Docket Text: ANSWER to [86] Amended Complaint,. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
May 25, 2018 88 Answer to Amended Complaint (23)
Docket Text: ANSWER to [86] Amended Complaint,., COUNTERCLAIM against All Plaintiffs. Document filed by Taro Pharmaceutical Industries Ltd..(Bilek, Jennell)
May 25, 2018 89 Answer to Counterclaim (6)
Docket Text: ANSWER to [88] Counterclaim. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
May 25, 2018 90 Answer to Counterclaim (7)
Docket Text: ANSWER to [88] Counterclaim. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
May 25, 2018 86 Main Document (16)
Docket Text: AMENDED COMPLAINT amending [1] Complaint, against Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..Document filed by Mylan Pharmaceuticals, Inc., Delcor Asset Corporation. Related document: [1] Complaint,. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Binns, Micheal) Modified on 5/29/2018 (pc). Modified on 5/29/2018 (pne).
May 25, 2018 86 Amended Complaint* (1)
May 22, 2018 84 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [83] Motion for Melanie Black Dubis to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Richard J. Sullivan on 5/22/2018) (ras)
May 22, 2018 85 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [82] Motion for Karen L. Carroll to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Richard J. Sullivan on 5/22/2018) (ras)
May 21, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
May 21, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
May 21, 2018 82 Affidavit of Karen L. Carroll (1)
May 21, 2018 82 Certificates of Good Standing (2)
May 21, 2018 82 Text of Proposed Order (2)
May 21, 2018 83 Affidavit of Melanie Black Dubis (1)
May 21, 2018 83 Certificate of Good Standing (1)
May 21, 2018 83 Text of Proposed Order (2)
May 21, 2018 82 Main Document (1)
Docket Text: MOTION for Karen L. Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15092694. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Karen L. Carroll, # (2) Certificates of Good Standing, # (3) Text of Proposed Order)(Carroll, Karen)
May 21, 2018 83 Main Document (1)
Docket Text: MOTION for Melanie Black Dubis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15095125. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Melanie Black Dubis, # (2) Certificate of Good Standing, # (3) Text of Proposed Order)(Dubis, Melanie)
May 18, 2018 80 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [79] Motion for Robert L. Florence to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 5/18/2018) (rj)
May 18, 2018 81 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [78] Motion for Sharad K. Bijanki to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 5/18/2018) (rj)
May 17, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
May 17, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
May 17, 2018 78 Affidavit of Sharad K. Bikanki (1)
May 17, 2018 78 Certificates of Good Standing (2)
May 17, 2018 78 Text of Proposed Order (2)
May 17, 2018 79 Affidavit of Robert L. Florence (1)
May 17, 2018 79 Certificate of Good Standing (1)
May 17, 2018 79 Text of Proposed Order (2)
May 17, 2018 78 Main Document (1)
Docket Text: MOTION for Sharad K. Bijanki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15082965. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Sharad K. Bikanki, # (2) Certificates of Good Standing, # (3) Text of Proposed Order)(Bijanki, Sharad)
May 17, 2018 79 Main Document (1)
Docket Text: MOTION for Robert L. Florence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15083272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Robert L. Florence, # (2) Certificate of Good Standing, # (3) Text of Proposed Order)(Florence, Robert)
May 16, 2018 75 Memo Endorsement (2)
Docket Text: MEMO ENDORSEMENT on re: [74] Letter filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc. ENDORSEMENT: IT IS HEREBY ORDERED that Defendant Stiefel West Coast, LLC is realigned as a plaintiff in this action. The Clerk of Court is respectfully directed to update the Court's electronic docket accordingly. IT IS FURTHER ORDERED that, no later than May 25, 2018, all parties shall file amended pleadings reflecting the realignment of Stiefel West Coast, LLC. (Signed by Judge Richard J. Sullivan on 5/16/2018) (ras) Modified on 5/16/2018 (ras).
May 16, 2018 76 Order (1)
Docket Text: ORDER: This Addendum is an integral part of the Stipulated Protective Order entered by the Court on May 16, 2018. Notwithstanding any other provision of the Stipulated Protective Order, no document may be filed under seal in this action without a further Order of this Court addressing the specific document to be sealed. Any application to file a document under seal shall be accompanied by an affidavit or affidavits and a memorandum of law demonstrating that the standards for sealing have been met. As set out in the Court's Individual Rule 3, the memorandum of law must specifically address Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119- 20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 5/16/2018) (ras)
May 16, 2018 77 Protective Order (28)
Docket Text: STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...(See document.) SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/16/2018) (ras)
May 15, 2018 72 Letter (1)
May 15, 2018 72 Proposed Protocol for Discovery of Electronically Stored Information (17)
May 15, 2018 73 Letter (1)
May 15, 2018 73 Proposed Stipulated Protective Order (28)
May 15, 2018 74 Letter (2)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated May 15, 2018 re: realignment of Stiefel West Coast, LLC as an involuntary plaintiff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Binns, Micheal)
May 15, 2018 72 Main Document (1)
Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated May 15, 2018 re: Proposed Protocol for Discovery of Electronically Stored Information. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Proposed Protocol for Discovery of Electronically Stored Information)(Binns, Micheal)
May 15, 2018 73 Main Document (1)
Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Micheal L. Binns dated May 15, 2018 re: Proposed Stipulated Protective Order. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Proposed Stipulated Protective Order)(Binns, Micheal)
May 9, 2018 71 Order (2)
Docket Text: PLAINTIFF'S NOTICE OF SUBSTITUTION OF COUNSEL AND ORDER: TO THE CLERK OF THE COURT AND ALL COUNSEL AND PARTIES OF RECORD: PLEASE TAKE NOTICE that Plaintiffs Delcor Asset Corporation and Mylan Pharmaceuticals Inc. hereby substitute Micheal L. Binns of Parker Poe Adams & Bernstein LLP, 1180 Peachtree Street, N.E., Suite 3300, Atlanta, Georgia 30309, Telephone: (678) 690-5750, as their attorney of record in place of Alston & Bird LLP. All notices given or required to be given, and all papers filed or served or required to be served in the above-captioned matter, should henceforth be provided to and served upon counsel at the address set forth below: PARKER POE ADAMS & BERNSTEIN LLP, 1180 Peachtree Street, N.E., Suite 330, Atlanta, GA 30309. Telephone: (678) 690-5750, Facsimile: (404) 869-6972. Michael L. Binns, michaelbinns@parkerpoe.com. IT IS SO ORDERED. Attorney Derek Scott Neilson and Lance Anders Soderstrom terminated. (Signed by Judge Richard J. Sullivan on 5/8/2018) (rj)
May 1, 2018 70 Notice of Substitution of Attorney (3)
Docket Text: NOTICE of Substitution of Attorney. Old Attorney: Counsel of Record, Alston & Bird LLP, New Attorney: Micheal L. Binns, Address: Parker Poe Adams & Bernstein LLP, 1180 Peachtree Street, N.E., Suite 3300, Atlanta, GA, USA 30309, 678-690-5703. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Binns, Micheal)
Mar 30, 2018 69 Scheduling Order (4)
Docket Text: ORDER: Settlement Conference set for 6/19/2018 at 2:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox, and as further set forth in this order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/30/2018) (ap)
Feb 21, 2018 68 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER ADMITTING COUNSEL PRO HAC VICE granting [67] Motion for Mark D. Schuman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Mark D. Schuman, Esq. is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. (Signed by Judge Richard J. Sullivan on 2/21/2018) (ras)
Feb 7, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
Feb 7, 2018 67 Declaration of Mark D. Schuman in Support of Application for Admission Pro Hac (5)
Feb 7, 2018 67 Text of Proposed Order (2)
Feb 7, 2018 67 Main Document (2)
Docket Text: MOTION for Mark D. Schuman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14672729. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Declaration of Mark D. Schuman in Support of Application for Admission Pro Hac Vice, # (2) Text of Proposed Order)(Schuman, Mark)
Jan 29, 2018 66 Notice of Change of Address (1)
Jan 29, 2018 66 Certificate of Service (2)
Jan 29, 2018 66 Main Document (1)
Docket Text: NOTICE OF CHANGE OF ADDRESS by Brian Matthew Goldberg on behalf of Stiefel West Coast, LLC. New Address: Dechert LLP, Cira Centre, 2929 Arch Street, Philadelphia, Pennsylvania, United States 19104-2808, 215-994-2143. (Attachments: # (1) Certificate of Service)(Goldberg, Brian)
Jan 22, 2018 65 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [64] Letter, filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc. ENDORSEMENT: IT IS HEREBY ORDERED that the parties shall submit briefing per the jointly proposed schedule. The Court will issue an order scheduling a hearing after briefing is complete. (Signed by Judge Richard J. Sullivan on 1/19/2018) (ras)
Jan 19, 2018 64 Letter (1)
Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Deepro R. Mukerjee dated January 19, 2018 re: Proposed Deadlines for Claim Construction Proceedings in this Action. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Mukerjee, Deepro)
Jan 12, 2018 N/A Pretrial Conference - Initial (0)
Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Initial Pretrial Conference held on 1/12/2018. Lance A. Soderstrom and Deepro R. Mukerjee present for Plaintiffs. Wendy F. Klein, Jennell C. Bilek, Samuel T. Lockner, and Mark D. Schuman present for Defendants Taro Pharmaceuticals Industries Ltd. and Taro Pharmaceuticals U.S.A., Inc. Brian M. Goldberg present for Stiefel West Coast, LLC. The Court ordered the parties to submit a joint letter setting forth a proposed briefing schedule by Friday, January 19, 2018. Case management plan and magistrate referral to follow in a separate order. (Kelley, Mark)
Jan 12, 2018 62 Scheduling Order (4)
Docket Text: Vacated as per Judge's Order dated 2/26/2019, Doc. # 120 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. Depositions shall be completed by 2/1/2019. All fact discovery is to be completed no later than 2/1/2019. Close of Expert Discovery 5/3/2019. All discovery shall be completed no later than 5/3/2019. Referral to a Magistrate Judge for settlement discussions. The parties are to contact MJ Fox by June 8, 2018. Parties have conferred and their present best estimate of the length of trial is 5 days. The Court will conduct a post-discovery conference on May 31, 2019. (Signed by Judge Richard J. Sullivan on 1/12/2018) (mro) Modified on 2/26/2019 (ne).
Jan 12, 2018 63 Order Referring Case to Magistrate Judge (1)
Docket Text: ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. The parties shall contact Magistrate Judge Fox by June 8, 2018 to schedule a settlement conference. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Richard J. Sullivan on 1/12/2018) (ap)
Jan 8, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
Jan 8, 2018 N/A Notice Regarding Pro Hac Vice Motion (0)
Jan 8, 2018 54 Declaration of Samuel T. Lockner in Support of Application for Admission Pro Ha (4)
Jan 8, 2018 54 Text of Proposed Order (2)
Jan 8, 2018 55 Declaration of Jennell C. Bilek in Support of Application for Admission Pro Ha (4)
Jan 8, 2018 55 Text of Proposed Order (2)
Jan 8, 2018 56 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Wendy F. Klein, Esq. dated January 8, 2018 re: request for Carlson Caspers attorneys to attend January 12, 2018 initial conference telephonically. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Klein, Wendy)
Jan 8, 2018 57 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Brian M. Goldberg dated January 8, 2018 re: request to attend initial conference telephonically. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
Jan 8, 2018 58 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER ADMITTING COUNSEL PRO HAC VICE granting [55] Motion for Jennell C. Bilek to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 1/8/2018) (mro)
Jan 8, 2018 59 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER ADMITTING COUNSEL PRO HAC VICE granting [54] Motion for Samuel T. Lockner to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 1/8/2018) (mro)
Jan 8, 2018 60 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [56] Letter, filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc. ENDORSEMENT: Defendants' request is GRANTED. At the time of the conference, counsel shall call (888) 363-4749 and enter the access code 3290725. (Signed by Judge Richard J. Sullivan on 1/8/2018) (mro)
Jan 8, 2018 61 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [57] Letter filed by Stiefel West Coast, LLC. ENDORSEMENT: The request is GRANTED. At the time of the conference, counsel shall call (888) 363-4749 and enter the access code 3290725. (Signed by Judge Richard J. Sullivan on 1/8/2018) (ras)
Jan 8, 2018 54 Main Document (1)
Docket Text: MOTION for Samuel T. Lockner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14547175. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Declaration of Samuel T. Lockner in Support of Application for Admission Pro Hac Vice, # (2) Text of Proposed Order)(Lockner, Samuel)
Jan 8, 2018 55 Main Document (1)
Docket Text: MOTION for Jennell C. Bilek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14547389. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Attachments: # (1) Declaration of Jennell C. Bilek in Support of Application for Admission Pro Hac Vice, # (2) Text of Proposed Order)(Bilek, Jennell)
Jan 5, 2018 53 Letter (4)
Jan 5, 2018 52 Order on Motion to Withdraw as Attorney (1)
Docket Text: ORDER granting [51] Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that attorneys of record Robert L. Florence, Micheal L. Binns, Karen L. Carroll. Sharad K. Bijanki, Melanie Black Dubis and Christopher M. Thomas of Parker Poe Adams & Bernstein LLP are hereby withdrawn from this action and shall be removed from the case docket and any notification of electronic filing. (Attorney Karen L Carroll; Melanie Black Dubis; Robert L. Florence; Christopher M. Thomas; Sharad K. Bijanki and Micheal Lloyd Binns terminated.) (Signed by Judge Richard J. Sullivan on 1/5/2018) (ras)
Jan 5, 2018 53 Proposed Case Management Plan and Scheduling Order (4)
Jan 5, 2018 53 Main Document (4)
Docket Text: JOINT LETTER addressed to Judge Richard J. Sullivan from Deepro R. Mukerjee dated January 5, 2018 re: Proposed Case Management Plan and Scheduling Order. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Proposed Case Management Plan and Scheduling Order)(Mukerjee, Deepro)
Jan 4, 2018 51 Text of Proposed Order (1)
Jan 4, 2018 51 Declaration (2)
Jan 4, 2018 51 Declaration of Service (2)
Jan 4, 2018 51 Main Document (2)
Docket Text: FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert L. Florence, Micheal L. Binns, Karen L. Carroll, Sharad K. Bijanki, Melanie Black Dubis, Christopher M. Thomas to Withdraw as Attorney . Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Declaration, # (3) Declaration of Service)(Florence, Robert) Modified on 3/2/2018 (ldi).
Dec 29, 2017 49 Answer to Counterclaim (7)
Docket Text: ANSWER to [45] Counterclaim. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
Dec 29, 2017 50 Answer to Counterclaim (5)
Docket Text: ANSWER to [45] Counterclaim. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Mukerjee, Deepro)
Dec 11, 2017 N/A Notice to Attorney to Re-File Document - Deficient Docket Entry Error (0)
Docket Text:***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Wendy F. Klein to RE-FILE Document [44] Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
Dec 11, 2017 47 Rule 7.1 Corporate Disclosure Statement (2)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Taro Pharmaceutical Industries, Ltd., Other Affiliate Sun Pharmaceutical Industries Ltd. for Taro Pharmaceuticals U.S.A., Inc.; Other Affiliate Sun Pharma Global, Inc., Other Affiliate Alkaloida Chemical Co. ZRT, Other Affiliate Sun Pharma Holdings, Other Affiliate Sun Pharmaceutical Industries Ltd. for Taro Pharmaceutical Industries Ltd.. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Klein, Wendy)
Dec 11, 2017 48 Order (1)
Docket Text: ORDER: Plaintiffs commenced this action on July 17, 2017 (Doc. No. 1) and Defendants answered the complaint on December 8, 2017 (Doc. Nos. 43, 45). In their answer to the complaint, Defendants Taro Pharmaceuticals Industries Ltd. and Taro Pharmaceuticals U.S.A., Inc., asserted a counterclaim against Plaintiffs and a crossclaim again Stiefel West Coast LLC. The deadline for Plaintiffs and Stiefel West Coast LLC to answer or otherwise respond to the counterclaim and cross-claim is December 29, 2017. Accordingly, IT IS HEREBY ORDERED that the deadline for the parties to submit their joint letter and proposed case management plan as described in the Court's July 27, 2017 order (Doc. No. 18) is adjourned until January 5, 2018, and the initial conference previously scheduled for January 10, 2018 is adjourned until Friday, January 12, 2018 at 4:00 p.m. Initial Conference set for 1/12/2018 at 04:00 PM before Judge Richard J. Sullivan. Delcor Asset Corporation answer due 12/29/2017; Mylan Pharmaceuticals, Inc. answer due 12/29/2017; Stiefel West Coast, LLC answer due 12/29/2017. (Signed by Judge Richard J. Sullivan on 12/11/2017) (ras) Modified on 12/12/2017 (ras).
Dec 8, 2017 42 Rule 7.1 Corporate Disclosure Statement (3)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Stiefel Labs, LLC, Other Affiliate GlaxoSmithKline PLC for Stiefel West Coast, LLC. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
Dec 8, 2017 43 Answer to Complaint (13)
Docket Text: ANSWER to [1] Complaint,. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
Dec 8, 2017 44 Rule 7.1 Corporate Disclosure Statement (2)
Docket Text:FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Klein, Wendy) Modified on 12/11/2017 (lb).
Dec 8, 2017 45 Answer to Complaint (21)
Docket Text: ANSWER to [1] Complaint,., COUNTERCLAIM against Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. Document filed by Taro Pharmaceuticals U.S.A., Inc., Taro Pharmaceutical Industries Ltd..(Klein, Wendy)
Dec 8, 2017 46 Certificate of Service Other (2)
Docket Text: CERTIFICATE OF SERVICE of Rule 7.1 Corporate Disclosure Statement [Docket No. 44] and Answer [Docket No. 45] served on All Counsel of Record on 12/08/17. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc.. (Klein, Wendy)
Nov 21, 2017 41 Summons Returned Executed (30)
Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint, served. Taro Pharmaceutical Industries Ltd. served on 8/21/2017, answer due 12/8/2017. Service was accepted by Hanna, Authorized Recipient. Document filed by Delcor Asset Corporation; Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Oct 5, 2017 39 Motion for Extension of Time to File Answer (2)
Docket Text: SECOND LETTER MOTION for Extension of Time to File Answer re: [1] Complaint, [26] Order on Motion for Extension of Time to Answer,,, , through and including December 8, 2017, addressed to Judge Richard J. Sullivan from Wendy F. Klein, Esq. dated 10/05/2017. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Klein, Wendy)
Oct 5, 2017 40 Order on Motion for Extension of Time to Answer (2)
Docket Text: ORDER granting [39] Letter Motion for Extension of Time to Answer. Defendants' request is GRANTED. The deadline for all Defendants, including Stiefel West Coast, LLC, to answer or otherwise respond to the complaint is adjourned until December 8, 2017, the deadline for the parties to submit their joint letter and proposed case management plan and scheduling order is adjourned until December 15, 2017, and the initial conference previously scheduled for Friday, October 27, 2017 is adjourned until Wednesday, January 10 at 4:30 p.m. No further adjournment requests will be granted absent compelling circumstances. Stiefel West Coast, LLC answer due 12/8/2017; Taro Pharmaceutical Industries Ltd. answer due 12/8/2017; Taro Pharmaceuticals U.S.A., Inc. answer due 12/8/2017. (Signed by Judge Richard J. Sullivan on 10/5/2017) (rj)
Aug 23, 2017 38 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [37] Motion for Derek S. Neilson to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Richard J. Sullivan on 8/23/17) (yv)
Aug 17, 2017 N/A Notice Regarding Pro Hac Vice Motion (0)
Aug 17, 2017 37 Declaration of Derek S. Neilson (1)
Aug 17, 2017 37 Certificates of Good Standing (2)
Aug 17, 2017 37 Text of Proposed Order (2)
Aug 17, 2017 37 Main Document (2)
Docket Text: MOTION for Derek S. Neilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14027080. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Declaration of Derek S. Neilson, # (2) Certificates of Good Standing, # (3) Text of Proposed Order)(Neilson, Derek)
Aug 15, 2017 34 Affidavit of Service Other (2)
Docket Text: AFFIDAVIT OF SERVICE of Order served on Taro Pharmaceutical U.S.A., Inc. on 7/28/17. Service was accepted by Nora Dindyal, Senior Intake Specialist. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Aug 15, 2017 35 Affidavit of Service Other (2)
Docket Text: AFFIDAVIT OF SERVICE of Order served on Stiefel West Coast, LLC on 8/2/17. Service was accepted by Nancy Dougherty, an Agent of the Secretary of State. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Aug 15, 2017 36 Affidavit of Service Other (1)
Docket Text: AFFIDAVIT OF SERVICE of Order served on Taro Pharmaceutical U.S.A., Inc. and Stiefel West Coast, LLC on 7/28/17. Service was made by Mail. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Aug 14, 2017 N/A Notice Regarding Pro Hac Vice Motion (0)
Aug 14, 2017 29 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE: granting [27] Motion for Melanie Black Dubis to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/14/2017) (js)
Aug 14, 2017 30 Affidavit of Christopher M. Thomas (1)
Aug 14, 2017 30 Certificate of Good Standing (1)
Aug 14, 2017 30 Text of Proposed Order (2)
Aug 14, 2017 31 Notice of Appearance (2)
Docket Text: NOTICE OF APPEARANCE by Brian Matthew Goldberg on behalf of Stiefel West Coast, LLC. (Goldberg, Brian)
Aug 14, 2017 32 Memo Endorsement (1)
Docket Text: MEMO ENDORSEMENT on re: [28] Letter filed by Stiefel West Coast, LLC. ENDORSEMENT: Pursuant to the Court's August 9, 2017 order (Doc. No. 26), the deadline for all Defendants to answer or otherwise respond to the complaint is October 10, 2017, the deadline for the parties to submit their joint letter and proposed case management plan and scheduling order is October 17, 2017, and the initial conference is scheduled for Friday, October 27, 2017 at 4:30 p.m. Stiefel West Coast, LLC answer due 10/10/2017.( Initial Conference set for 10/27/2017 at 04:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 8/14/2017) (mro)
Aug 14, 2017 33 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [30] Motion for Christopher M. Thomas to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/14/2017) (mro)
Aug 14, 2017 30 Main Document (1)
Docket Text: MOTION for Christopher M. Thomas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14011864. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Christopher M. Thomas, # (2) Certificate of Good Standing, # (3) Text of Proposed Order)(Thomas, Christopher)
Aug 11, 2017 N/A Notice Regarding Pro Hac Vice Motion (0)
Aug 11, 2017 27 Affidavit of Melanie Black Dubis (1)
Aug 11, 2017 27 Certificate of Good Standing (1)
Aug 11, 2017 27 Text of Proposed Order (2)
Aug 11, 2017 28 Letter (1)
Docket Text: LETTER addressed to Judge Richard J. Sullivan from Brian M. Goldberg dated August 11, 2017 re: an extension of time to respond to complaint. Document filed by Stiefel West Coast, LLC.(Goldberg, Brian)
Aug 11, 2017 27 Main Document (1)
Docket Text: MOTION for Melanie Black Dubis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14005230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Melanie Black Dubis, # (2) Certificate of Good Standing, # (3) Text of Proposed Order)(Dubis, Melanie)
Aug 9, 2017 25 Motion for Extension of Time to File Answer (2)
Docket Text: LETTER MOTION for Extension of Time to File Answer re: [1] Complaint, through and including October 10, 2017, addressed to Judge Richard J. Sullivan from Wendy F. Klein, Esq. dated August 9, 2017. Document filed by Taro Pharmaceutical Industries Ltd., Taro Pharmaceuticals U.S.A., Inc..(Klein, Wendy)
Aug 9, 2017 26 Order on Motion for Extension of Time to Answer (2)
Docket Text: ORDER: granting [25] Letter Motion for Extension of Time to Answer. Defendants ' request for an extension is GRANTED. IT IS HEREBY ORDERED that the deadline for all of the Defendants to answer or otherwise respond to the complaint is extended until October 10, 2017. IT IS FURTHER ORDERED that the deadline for the parties to submit their joint letter and proposed case management plan and scheduling order as described in the Court's July 27, 2017 order (Doc. No. 18) is adjourned until October 17, 2017, and the initial conference previously scheduled for September 7, 2017 is adjourned until Friday, October 27, 2017 at 4:30 p.m. Taro Pharmaceutical Industries Ltd. answer due 10/10/2017; Taro Pharmaceuticals U.S.A., Inc. answer due 10/10/2017. Initial pretrial conference set for 10/27/2017, at 4:30 P.M. (Signed by Judge Richard J. Sullivan on 8/9/2017) (ap) Modified on 9/1/2017 (ap).
Aug 4, 2017 N/A Notice Regarding Pro Hac Vice Motion (0)
Aug 4, 2017 23 Affidavit of Sharad K. Bijanki (1)
Aug 4, 2017 23 Certificates of Good Standing (2)
Aug 4, 2017 23 Text of Proposed Order (2)
Aug 4, 2017 24 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [23] Motion for Sharad K. Bijanki to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Richard J. Sullivan on 8/4/2017) (ras)
Aug 4, 2017 23 Main Document (1)
Docket Text: MOTION for Sharad K. Bijanki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13979270. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Sharad K. Bijanki, # (2) Certificates of Good Standing, # (3) Text of Proposed Order)(Bijanki, Sharad) Modified on 8/4/2017 (ma).
Aug 3, 2017 N/A Notice Regarding Pro Hac Vice Motion (0)
Aug 3, 2017 21 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [20] Motion for Karen L. Carroll to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Richard J. Sullivan on 8/3/2017) (ras)
Aug 3, 2017 22 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [19] Motion for Robert L. Florence to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Richard J. Sullivan on 8/3/2017) (ras)
Aug 2, 2017 19 Affidavit of Robert L. Florence (1)
Aug 2, 2017 19 Certificate of Good Standing (1)
Aug 2, 2017 19 Text of Proposed Order (2)
Aug 2, 2017 20 Affidavit Karen L. Carroll (1)
Aug 2, 2017 20 Certificates of Good Standing (2)
Aug 2, 2017 20 Text of Proposed Order (2)
Aug 2, 2017 19 Main Document (1)
Docket Text: MOTION for Robert L. Florence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13971690. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit of Robert L. Florence, # (2) Certificate of Good Standing, # (3) Text of Proposed Order)(Florence, Robert)
Aug 2, 2017 20 Main Document (1)
Docket Text: MOTION for Karen L. Carroll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13971817. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: # (1) Affidavit Karen L. Carroll, # (2) Certificates of Good Standing, # (3) Text of Proposed Order)(Carroll, Karen)
Jul 27, 2017 18 Order for Initial Pretrial Conference (2)
Docket Text: ORDER: IT IS HEREBY ORDERED THAT the parties shall appear for an initial conference on Thursday, September 7, 2017 at 12:30 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, and as further set forth. (Initial Conference set for 9/7/2017 at 12:30 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/27/2017) (ras)
Jul 26, 2017 17 Summons Returned Executed (4)
Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint, served. Stiefel West Coast, LLC served on 7/25/2017, answer due 8/15/2017. Service was accepted by Lyanne Gares, Litigation Management Services Leader. Document filed by Delcor Asset Corporation; Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Jul 25, 2017 15 Summons Returned Executed (4)
Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint, served. Taro Pharmaceutical Industries Ltd. served on 7/21/2017, answer due 8/11/2017. Service was accepted by Mara Velasco, Corporate Operations Manager. Document filed by Delcor Asset Corporation; Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Jul 25, 2017 16 Summons Returned Executed (4)
Docket Text: SUMMONS RETURNED EXECUTED Summons and Complaint, served. Taro Pharmaceuticals U.S.A., Inc. served on 7/21/2017, answer due 8/11/2017. Service was accepted by Mara Velasco, Corporate Operations Manager. Document filed by Delcor Asset Corporation; Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Jul 19, 2017 14 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Micheal Lloyd Binns on behalf of Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Binns, Micheal)
Jul 18, 2017 N/A Case Designated Patent Pilot Program (0)
Docket Text: Case Eligible for Patent Pilot Program. (rch)
Jul 18, 2017 N/A Case Opening Initial Assignment Notice (0)
Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch)
Jul 18, 2017 N/A Case Designation (0)
Docket Text: Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (rch)
Jul 18, 2017 N/A Case Designated ECF (0)
Docket Text: Case Designated ECF. (rch)
Jul 18, 2017 9 Notice of Appearance (1)
Docket Text: NOTICE OF APPEARANCE by Lance Anders Soderstrom on behalf of Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Soderstrom, Lance)
Jul 18, 2017 10 Mail Patent Form (case opening) (1)
Docket Text: AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (rch)
Jul 18, 2017 11 Summons Issued (2)
Docket Text: ELECTRONIC SUMMONS ISSUED as to Taro Pharmaceutical Industries Ltd.. (rch)
Jul 18, 2017 12 Summons Issued (2)
Docket Text: ELECTRONIC SUMMONS ISSUED as to Taro Pharmaceutical U.S.A., Inc.. (rch)
Jul 18, 2017 13 Summons Issued (2)
Docket Text: ELECTRONIC SUMMONS ISSUED as to Stiefel West Coast, LLC. (rch)
Jul 17, 2017 1 Complaint (16)
Docket Text: COMPLAINT against Stiefel West Coast, LLC, Taro Pharmaceutical Industries Ltd., Taro Pharmaceutical U.S.A., Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13906986)Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc..(Mukerjee, Deepro)
Jul 17, 2017 2 Civil Cover Sheet (2)
Docket Text: CIVIL COVER SHEET filed. (Mukerjee, Deepro)
Jul 17, 2017 3 Request for Issuance of Summons (2)
Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Taro Pharmaceutical Industries, Ltd., re: [1] Complaint,. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Jul 17, 2017 4 Request for Issuance of Summons (2)
Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Taro Pharamceuticals U.S.A., Inc., re: [1] Complaint,. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Jul 17, 2017 5 Request for Issuance of Summons (2)
Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Stiefel West Coast, LLC, re: [1] Complaint,. Document filed by Delcor Asset Corporation, Mylan Pharmaceuticals, Inc.. (Mukerjee, Deepro)
Jul 17, 2017 6 AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1)
Docket Text: AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Mukerjee, Deepro)
Jul 17, 2017 7 Rule 7.1 Corporate Disclosure Statement (2)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mylan N.V., Other Affiliate Mylan Inc. for Delcor Asset Corporation. Document filed by Delcor Asset Corporation.(Mukerjee, Deepro)
Jul 17, 2017 8 Rule 7.1 Corporate Disclosure Statement (2)
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mylan N.V., Other Affiliate Mylan Inc. for Mylan Pharmaceuticals, Inc.. Document filed by Mylan Pharmaceuticals, Inc..(Mukerjee, Deepro)
Jul 17, 2017 1 Complaint* (1)
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