Case number 1:18-cv-01533
Acrotech Biopharma, LLC et al v. Fresenius Kabi USA, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Dec 2, 2020 | 125 | Order (2) Docket Text: DISMISSAL ORDER, ***Civil Case Terminated. Signed by Judge Colm F. Connolly on 12/2/2020. (fms) |
| Dec 2, 2020 | 126 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,888,027 ;US 8,835,501. (Attachments: # (1) Dismissal Order)(fms) |
| Dec 2, 2020 | 126 | Dismissal Order (2) |
| Nov 30, 2020 | 124 | Redacted Document (4) Docket Text: REDACTED VERSION of [123] Stipulation of Dismissal by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Nov 5, 2020 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 11/5/2020. (Court Reporter V. Gunning.) (nmf) |
| Nov 5, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: For the reasons stated during today's telephonic argument, Fresenius Kabi's Objection to the Magistrate Judges September 3, 2020 Order (D.I. 111) are OVERRULED and the Magistrate Judges order is ADOPTED. The Court will entertain an application for costs incurred by Plaintiffs in responding to the Objection. Ordered by Judge Colm F. Connolly on 11/5/2020. (nmf) |
| Nov 2, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [121] MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Minion filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 11/2/2020. (fms) |
| Nov 2, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [122] MOTION for Pro Hac Vice Appearance of Attorney Jason G. Harp filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 11/2/2020. (fms) |
| Nov 2, 2020 | 122 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jason G. Harp - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian) |
| Oct 30, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [111] Objections, filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd., [116] Response to Objections filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC, ORDER, Setting Hearings: A Telephonic Oral Argument is set for 11/5/2020 at 02:00 PM before Judge Colm F. Connolly. Counsel for the Defendants shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 10/30/2020. (nmf) |
| Oct 30, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [120] STIPULATION TO EXTEND TIME to EXTEND the deadline for Daubert Motions to 12/1/2020 filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 10/30/2020. (nmf) |
| Oct 30, 2020 | 120 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to EXTEND the deadline for Daubert Motions to 12/1/2020 - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian) |
| Oct 30, 2020 | 121 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Minion - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: # (1) Certification for Daniel J. Minion)(Silver, Daniel) |
| Oct 30, 2020 | 121 | Certification for Daniel J. Minion (1) |
| Oct 20, 2020 | 119 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Reply Expert Report of Lucas J. Tucker, Ph.D. Concerning Infringement filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Oct 19, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [118] STIPULATION TO EXTEND TIME the Deadline for Expert Discovery to November 24, 2020 filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC, Set/Reset Scheduling Order Deadlines: ( Expert Discovery due by 11/24/2020.). Signed by Judge Colm F. Connolly on 10/19/2020. (nmf) |
| Oct 16, 2020 | 118 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME the Deadline for Expert Discovery to November 24, 2020 - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Oct 8, 2020 | 117 | Redacted Document (30) Docket Text: REDACTED VERSION of [116] Response to Objections by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Sep 28, 2020 | 115 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Reply Expert Report of Jeffrey M. Besterman, Ph.D Regarding Invalidity of U.S. Patent No. 6,888,027 and (ii) Reply Expert Report of Dr. Alexander M. Klibanov filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Sep 24, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Exhibit B to the Sealed Objections at D.I. [111] has been replaced with a corrected version per request of filer. (nmf) |
| Sep 24, 2020 | 114 | Redacted Document (10) Docket Text: REDACTED VERSION of [111] Objections, by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: # (1) Exhibits A-B, # (2) Certification)(Farnan, Brian) |
| Sep 24, 2020 | 114 | Exhibits A-B (24) |
| Sep 24, 2020 | 114 | Certification (2) |
| Sep 22, 2020 | 113 | Redacted Document (4) Docket Text: REDACTED VERSION of [110] Letter by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Michael) |
| Sep 21, 2020 | 112 | Redacted Document (30) Docket Text: REDACTED VERSION of [109] Letter, by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Joyce, Alexandra) |
| Sep 16, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 9/16/2020. (Court Reporter S. Ingram (Hawkins Reporting).) (lih) |
| Sep 16, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- re [101] MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the September 16, 2020 discovery dispute teleconference shall serve as the Order of the Court. In accordance with the ruling made on the record, Defendants' motion to strike plaintiffs' expert's report is GRANTED limited to the portions of the report related to a new theory of infringement. See TQ Delta LLC v. ADTRAN, Inc., C.A. No. 14-954-RGA, 2019 WL 4346530, at *2 (D. Del. Sept. 12, 2019) (granting a motion to strike the plaintiff's experts' reports after weighing the Pennypack factors because "[o]pening expert reports are not the appropriate time to disclose new infringement allegations"); Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd., C.A. No. 16-139-WCB, 2018 WL 2225113, at *4-7 (D. Del. May 15, 2018) (granting a motion to strike where the plaintiff had, in infringement contentions and during claim construction, asserted a divided infringement theory in which a physician directed a patient to self-administer the product and later, in an amended infringement contention, changed its theory to a direct infringement theory involving only the patient). Signed by Judge Sherry R. Fallon on 9/16/2020. (lih) Modified on 9/16/2020 (lih). |
| Sep 10, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- granting [108] Letter Request for Teleconference. A Discovery Dispute Telephone Conference is set for 9/16/2020 at 01:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 10:00 AM on 9/14/2020, Responsive submission due by no later than 10:00 AM on 9/15/2020.) Ordered by Judge Sherry R. Fallon on 9/10/2020. (lih) |
| Sep 9, 2020 | 107 | Redacted Document (14) Docket Text: REDACTED VERSION of [105] Letter by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Sep 9, 2020 | 108 | Letter (1) Docket Text: Letter to the Honorable Sherry R. Fallon from Daniel M. Silver, Esq. regarding Request for Continued Discovery Conference at the Courts Earliest Convenience. (Silver, Daniel) Modified on 9/10/2020 (lih). |
| Sep 8, 2020 | 106 | Redacted Document (5) Docket Text: REDACTED VERSION of [104] Letter by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: # (1) Exhibits 1-3)(Farnan, Brian) |
| Sep 8, 2020 | 106 | Exhibits 1-3 (6) |
| Sep 3, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 9/3/2020. (Court Reporter V. Gunning.) (lih) |
| Sep 3, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- re [101] MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the September 3, 2020 discovery dispute teleconference shall serve as the Order of the Court. In accordance with the rulings made on the record, the parties are ordered to meet and confer within one week of todays date to discuss: (1) a schedule allowing Defendants to obtain expert testimony in response to Plaintiffs infringement theories regarding claims 53 and 57 of the 027 patent, to ameliorate any prejudice caused by Plaintiffs failure to produce expert testimony on these claims; and (2) a schedule allowing Defendants to respond to new matters raised in Dr. Shustovs expert report. With respect to the first issue, the Court DENIES Defendants motion to strike or preclude assertion of claims 53 and 57, which were included in the initial and final infringement contentions, as well as Plaintiffs rebuttal expert report on invalidity, but were not included in Plaintiffs opening expert report on infringement. With respect to the second issue, Defendants motion to strike Dr. Shustovs expert report is GRANTED to the extent that it introduces a new theory of infringement, but the court will reconsider the matter after the completion of the meet and confer process, during which the parties are to discuss the scope of additional fact discovery and/or expert opinion for Defendants to respond only to the portion of Plaintiffs expert opinion which introduces a new infringement theory including a pharmacy technician in addition to the physician identified in the infringement contentions. The Court declines to rule on the qualifications of Dr. Shustov or the foundations of Dr. Shustovs expert opinion, which are issues outside the scope of the discovery referral that are more appropriately addressed in a Daubert motion. Signed by Judge Sherry R. Fallon on 9/3/2020. (lih) |
| Aug 25, 2020 | 103 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Rebuttal Expert Report of Robert O. Williams III, Ph.D. Regarding Validity of U.S. Patent No. 8,835,501; (2) Rebuttal Expert Report of Robert R. Ruffolo Jr., Ph.D. filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Aug 24, 2020 | 102 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (i) Responsive Noninfringement Report of Michael J. Thirman, MD and (ii) Rebuttal Expert Report of Dr. Alexander M. Klibanov filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Aug 20, 2020 | N/A | Set/Reset Hearings (0) Docket Text: Reset Hearings: A Telephone Conference is set for 9/3/2020 at 11:00 AM before Judge Sherry R. Fallon per oral order entered on 8/18/2020. (lih) |
| Aug 18, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [101] MOTION for Teleconference to Resolve Discovery Dispute. The discovery dispute teleconference previously scheduled in this matter on September 3, 2020 at 10:00 a.m. is rescheduled to September 3, 2020 at 11:00 a.m. Signed by Judge Sherry R. Fallon on 8/18/2020. (Polito, Rebecca) |
| Aug 7, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [101] MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Teleconference is set for 9/3/2020 at 10:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 8/31/2020, Responsive submission due by no later than 11:00 AM on 9/1/2020). Signed by Judge Sherry R. Fallon on 8/7/2020. (Polito, Rebecca) |
| Aug 7, 2020 | 101 | Motion for Miscellaneous Relief (2) Docket Text: MOTION for Teleconference to Resolve Discovery Dispute - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. Motions referred to Sherry R. Fallon.(Farnan, Michael) |
| Jul 13, 2020 | 99 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of i) Expert Report of Dr. Alexander M. Klibanov and (ii) Opening Expert Report of Jeffrey M. Besterman, Ph. D Regarding Invalidity of U.S. Patent No. 6,888,027 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Jul 13, 2020 | 100 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Opening Expert Report of Robert O. Williams III, Ph.D. Concerning Infringement; (2) Opening Expert Report of Lucas J. Tucker, Ph.D. Concerning Infringement; and (3) Opening Expert Report of Andrei Shustov, M.D. Concerning Infringement filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Jun 26, 2020 | 98 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Limited's Supplemental Objections and Responses to Interrogatory No. 4 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Jun 23, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: On or before 10/5/20, counsel shall provide their client's present terms and conditions for settlement and the bases for them in confidential emails to Judge Thynge, with a copy to her judicial administrator, Ms. Kennedy. In these email reports, counsel shall also advise regarding the information that may be conveyed by Judge Thynge to opposing counsel and their clients. Ordered by Judge Mary Pat Thynge on 6/23/20. (cak) |
| Jun 23, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: On or before 10/5/20, counsel shall advise in a joint email to Judge Thynge with a copy to her judicial administrator, Ms. Kennedy, whether further mediation is worthwhile with a brief explanation as to why or why not, the timing of any future mediation, and whether telephonic or in-person mediation is preferred. Ordered by Judge Mary Pat Thynge on 6/23/20. (cak) |
| Jun 15, 2020 | 94 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Jun 15, 2020 | 95 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Invalidity Contentions filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Jun 10, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [93] Stipulation filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Ordered by Judge Colm F. Connolly on 6/10/2020. (fms) |
| Jun 9, 2020 | 93 | Stipulation (2) Docket Text: Joint STIPULATION and [Proposed] Order Regarding Certain Facts on Proposed Labeling and Indications by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Joyce, Alexandra) |
| Jun 4, 2020 | 92 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Third Set of Interrogatories (No. 19) filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Jun 1, 2020 | 91 | SO ORDERED (2) Docket Text: SO ORDERED, re [90] Stipulation filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Opening Expert Reports due by 7/13/2020., Rebuttal Expert Reports due by 8/24/2020. Reply Expert Reports due by 9/28/2020. Submission of Joint Proposed Pretrial Order 10 days prior to Pretrial Conference. See stipulation for further deadlines. Signed by Judge Colm F. Connolly on 6/1/2020. (fms) |
| May 29, 2020 | 90 | Stipulation (2) Docket Text: STIPULATION Amending Scheduling Order by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Michael) |
| May 28, 2020 | 89 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Second Supplemental Response to Defendants Interrogatory No. 4 filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| May 27, 2020 | 88 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Declaration of Beverly Lubit filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| May 26, 2020 | 86 | Redacted Document (5) Docket Text: REDACTED VERSION of [83] Letter, by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: # (1) Exhibits A-G)(Farnan, Michael) |
| May 26, 2020 | 86 | Exhibits A-G (59) |
| May 26, 2020 | 87 | Redacted Document (5) Docket Text: REDACTED VERSION of [85] Letter by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: # (1) Exhibits H-I)(Farnan, Michael) |
| May 26, 2020 | 87 | Exhibits H-I (9) |
| May 22, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER The transcript of the May 21, 2020, discovery dispute teleconference shall serve as the Order of the court. In accordance with the rulings made on the record: (1) Plaintiffs motion for a protective order related to various Fed. R. Civ. P. 30(b)(6) deposition topics is GRANTED-IN-PART and DENIED-IN-PART according to the topic-specific rulings stated in the transcript; (2) Plaintiffs motion to quash Defendants subpoena to depose patent prosecution counsel is GRANTED upon consideration of In re TQ Delta, C.A. No. 17-328-RGA, 2018 WL 5033756 (D. Del. Oct. 17, 2018) because the information sought is privileged and because discovery is not permitted for the purpose of making a claim that has not been pleaded; (3) Defendants motion to compel the deposition of Richard Bastin is DENIED in reliance on Aerocrine AB v. Apieron Inc., C.A. No. 08-787-LPS, 267 F.R.D. 105 (D. Del. 2010); and (4) Defendants motion for additional time to depose Paul Finn is GRANTED but only up to 10 hours. Ordered by Judge Sherry R. Fallon on 5/22/2020. (lih) |
| May 21, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 5/21/2020. (Court Reporter V. Gunning.) (lih) |
| May 19, 2020 | 84 | Letter (5) Docket Text: Letter to The Honorable Sherry R. Fallon from Daniel M. Silver, Esq. regarding Plaintiffs' Responsive Discovery Letter. (Attachments: # (1) Exhibit A-E)(Silver, Daniel) |
| May 19, 2020 | 84 | Exhibit A-E (40) |
| May 18, 2020 | 82 | Letter (4) Docket Text: Letter to The Honorable Sherry R. Fallon from Daniel M. Silver, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit 1-5, # (2) Text of Proposed Order)(Silver, Daniel) Modified on 5/18/2020 (lih). |
| May 18, 2020 | 82 | Exhibit 1-5 (68) |
| May 18, 2020 | 82 | Text of Proposed Order (2) |
| May 15, 2020 | 81 | Order (2) Docket Text: ORDER governing telephonic mediation, mediation statements, and exhibits. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 5/15/20. (cak) |
| May 14, 2020 | 80 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of 30(B)(6) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. on May 29, 2020 filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| May 6, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [79] MOTION for Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 5/21/2020 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 5/18/2020, Responsive submission due by no later than 2:00 PM on 5/19/2020.) Signed by Judge Sherry R. Fallon on 5/6/2020. (lih) |
| May 6, 2020 | 79 | Motion for Miscellaneous Relief (2) Docket Text: MOTION for Teleconference to Resolve Discovery Disputes - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. Motions referred to Sherry R. Fallon.(Farnan, Michael) |
| May 5, 2020 | 78 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Third Set of Interrogatories to Plaintiffs (No. 19) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| May 1, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Ahmed M.T. Riaz for Fresenius Kabi Oncology Ltd. and Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Apr 30, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [74] MOTION for Pro Hac Vice Appearance of Attorney Joshua I. Rothman filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 4/30/2020. (fms) |
| Apr 30, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [76] STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) End of Fact Discovery, Final Infringement and Invalidity Contentions; (ii) Opening Expert Report; (iii) Rebuttal Reports; (iv) Reply Report; and (v) Expert Discovery Deadline to (i) 6/1/2020; filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd., Set/Reset Scheduling Order Deadlines: ( Fact Discovery completed by 6/1/2020., Expert Discovery due by 11/9/2020.) Signed by Judge Colm F. Connolly on 4/30/2020. (nmf) |
| Apr 30, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Joshua I. Rothman for Acrotech Biopharma, LLC and TopoTarget UK Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Apr 30, 2020 | 76 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) End of Fact Discovery, Final Infringement and Invalidity Contentions; (ii) Opening Expert Report; (iii) Rebuttal Reports; (iv) Reply Report; and (v) Expert Discovery Deadline to (i) 6/1/2020; (ii) 6/29/2020; (iii) 8/10/2020; (iv) 9/14/2020; and (v) 11/9/2020 - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Michael) |
| Apr 30, 2020 | 77 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Fresenius' Responses and Objections to Plaintiffs' First Set of Admission (Nos. 1-11) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Apr 29, 2020 | 75 | Order Referring Case to Magistrate Judge (1) Docket Text: ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon for all disputes relating to discovery and the protective order. Signed by Judge Colm F. Connolly on 4/29/2020. (nmf) |
| Apr 27, 2020 | 74 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua I. Rothman - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Apr 24, 2020 | 73 | Order Setting Mediation Conferences (6) Docket Text: ORDER Setting Mediation Conferences: A Mediation Conference is set for 6/17/2020 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 4/24/20. (cak) |
| Apr 20, 2020 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Responses and Objections to Defendants Second Set of Interrogatories (Nos. 9-18) filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Mar 31, 2020 | 71 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Responses and Objections to Defendants Notice of Deposition of Acrotech Biopharma, LLC Pursuant to Federal R. Civ. P. 30(b)(6); (2) Plaintiffs Responses and Objections to Defendants Notice of Deposition of Topotarget UK Ltd. Pursuant to Federal R. Civ. P. 30(b)(6); (3) Plaintiffs First Set of Requests for Admission (Nos. 1-11) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Mar 23, 2020 | 70 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs First Supplemental Responses to Defendants Interrogatory Nos. 4, 6, 7, and 8 filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Mar 20, 2020 | 69 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Second Set of Interrogatories to Plaintiffs (Nos. 9-18) filed by Fresenius Kabi USA, LLC.(Farnan, Michael) |
| Mar 13, 2020 | 68 | SO ORDERED (2) Docket Text: SO ORDERED, re [67] CLAIM CONSTRUCTION ORDER Signed by Judge Colm F. Connolly on 3/13/2020. (nmf) |
| Mar 12, 2020 | 67 | Proposed Order (2) Docket Text: Joint PROPOSED ORDER re: Claim Construction by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Joyce, Alexandra) |
| Mar 6, 2020 | 60 | Notice to Take Deposition (11) Docket Text: NOTICE to Take Deposition of Acrotech Biopharma LLC on 4/7/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Mar 6, 2020 | 61 | Notice to Take Deposition (11) Docket Text: NOTICE to Take Deposition of TopoTarget UK LTD on 4/10/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Mar 6, 2020 | 62 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Richard J. Bastin on 3/31/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Mar 6, 2020 | 63 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Paul W. Finn on 3/24/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Mar 6, 2020 | 64 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Nicholas J. Hughes on 4/3/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Mar 6, 2020 | 65 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Einars Loza on 3/27/2020 filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Mar 6, 2020 | 66 | Redacted Document (3) Docket Text: REDACTED VERSION of [56] Letter, by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Attachments: # (1) Exhibit Exhibits A-F, # (2) Text of Proposed Order, # (3) Certification)(Farnan, Brian) |
| Mar 6, 2020 | 66 | Exhibit Exhibits A-F (41) |
| Mar 6, 2020 | 66 | Text of Proposed Order (1) |
| Mar 6, 2020 | 66 | Certification (1) |
| Mar 4, 2020 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 3/4/2020, Discovery Conference held on 3/4/2020. (Court Reporter V. Gunning.) (nmf) |
| Mar 4, 2020 | 59 | Notice (Other) (2) Docket Text: NOTICE of Subpoenas to Beverly W. Lubit by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Brian) |
| Mar 4, 2020 | 59 | Exhibit 1 (11) |
| Mar 4, 2020 | 59 | Exhibit 2 (4) |
| Mar 3, 2020 | 58 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Brian R. Lemon on behalf of Acrotech Biopharma, LLC, TopoTarget UK Ltd. (Lemon, Brian) |
| Mar 1, 2020 | 57 | Letter (3) Docket Text: Letter to The Honorable Colm F. Connolly from Daniel M. Silver, Esq. regarding Discovery Dispute - re [56] Letter,. (Silver, Daniel) |
| Feb 26, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [55] MOTION for Pro Hac Vice Appearance of Attorney Gregory J. Manas filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 2/26/2020. (fms) |
| Feb 26, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Gregory J. Manas for Acrotech Biopharma, LLC and TopoTarget UK Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Feb 25, 2020 | 55 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Gregory J. Manas - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: # (1) Gregory J. Manas)(Silver, Daniel) |
| Feb 25, 2020 | 55 | Gregory J. Manas (1) |
| Feb 20, 2020 | N/A | Set/Reset Hearings (0) Docket Text: Set Hearings: A Discovery Conference will be held directly following the Markman Hearing on 3/4/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly per request of counsel. (nmf) |
| Feb 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [54] MOTION for Pro Hac Vice Appearance of Attorney Ahmed M.T. Riaz filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 2/13/2020. (fms) |
| Feb 13, 2020 | 54 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ahmed M.T. Riaz - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian) |
| Jan 29, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [53] STIPULATION to Amend Scheduling Order. Signed by Judge Colm F. Connolly on 1/29/2020. (nmf) |
| Jan 29, 2020 | 53 | Stipulation (2) Docket Text: STIPULATION to Amend Scheduling Order by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Jan 13, 2020 | N/A | Remark (0) Docket Text: Remark re: D.I. [43] and D.I. [44] The Court's form patent case scheduling orders require the parties to submit with the Joint Claim Construction Chart separate text-searchable pdfs for each asserted patent(s). Parties shall file the separate pdfs electronically using CM/ECF. Each separate pdf shall be labeled using the last three digits of the number of the patent in question so that it is possible to determine from looking at the docket sheet the patent in a particular exhibit. Please comply with this requirement by filing the separate text searchable patents with the proper label as an exhibit to the [43] Claim Construction Chart. (nmf) |
| Jan 13, 2020 | 52 | Exhibit to a Document (106) Docket Text: EXHIBIT re [43] Claim Construction Chart 027 by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: # (1) 501)(Silver, Daniel) |
| Jan 13, 2020 | 52 | 501 (35) |
| Jan 10, 2020 | 50 | Claim Construction Opening Brief (30) Docket Text: Joint CLAIM CONSTRUCTION OPENING BRIEF filed by Acrotech Biopharma, LLC, Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Silver, Daniel) |
| Jan 10, 2020 | 51 | Appendix (3) Docket Text: Joint APPENDIX re [50] Claim Construction Opening Brief by Acrotech Biopharma, LLC, Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Attachments: # (1) Tabs 1 - 11)(Silver, Daniel) |
| Jan 10, 2020 | 51 | Tabs 1 - 11 (185) |
| Nov 22, 2019 | 49 | Notice (Other) (2) Docket Text: NOTICE of Service of Plaintiffs' Reply Claim Construction Brief by Acrotech Biopharma, LLC, TopoTarget UK Ltd. (Silver, Daniel) |
| Oct 24, 2019 | 48 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Fresenius' Responses and Objections to Plaintiffs' First Set of Interrogatories to Defendants (Nos. 1-5) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Oct 4, 2019 | 47 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Responses and Objections to Defendants First Set of Interrogatories (Nos. 1-8) and (2) Plaintiffs Opening Claim Construction Brief filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Sep 25, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [45] MOTION for Pro Hac Vice Appearance of Attorney Becky E. Steephenson filed by TopoTarget UK Ltd., Acrotech Biopharma, LLC. Signed by Judge Colm F. Connolly on 9/25/2019. (fms) |
| Sep 25, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Becky E. Steephenson for Acrotech Biopharma, LLC and TopoTarget UK Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Sep 24, 2019 | 45 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Becky E. Steephenson - filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Attachments: # (1) Becky E. Steephenson Certification)(Silver, Daniel) |
| Sep 24, 2019 | 45 | Becky E. Steephenson Certification (1) |
| Sep 24, 2019 | 46 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs First Set of Interrogatories filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Sep 6, 2019 | 41 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd.'s Objections and Responses to Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-27) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Sep 6, 2019 | 42 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Responses and Objections to Defendants First Set of Requests for Production (Nos. 1-34) filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Sep 6, 2019 | 43 | Claim Construction Chart (7) Docket Text: CLAIM Construction Chart by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Sep 6, 2019 | 44 | Appendix (30) Docket Text: Joint APPENDIX re [43] Claim Construction Chart by Acrotech Biopharma, LLC, TopoTarget UK Ltd.. (Silver, Daniel) |
| Aug 9, 2019 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Claim Term Identification filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Aug 9, 2019 | 40 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Proposed Claim Terms for Construction filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Aug 8, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney William E. Solander for TopoTarget UK Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Aug 8, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys William E. Solander and James R. Tyminski for Acrotech Biopharma, LLC and TopoTarget UK Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Aug 7, 2019 | 35 | Order (2) Docket Text: ORDER granting [34] MOTION to Substitute Party: Acrotech Biopharma, LLC to replace Spectrum Pharmaceuticals, Inc. filed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc. Acrotech Biopharma, LLC added. Spectrum Pharmaceuticals, Inc. terminated. Signed by Judge Colm F. Connolly on 8/2/2019. (nmf) |
| Aug 7, 2019 | 36 | Notice Requesting Removal of Co-Counsel (1) Docket Text: NOTICE requesting Clerk to remove Kathryn E. Easterling as co-counsel.. (Silver, Daniel) |
| Aug 7, 2019 | 37 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs First Set of Requests for the Production of Documents and Things (Nos. 1-27) to Defendants Fresenius Kabi USA, LLC and Fresenius Kabi Oncology Ltd. filed by Acrotech Biopharma, LLC, TopoTarget UK Ltd..(Silver, Daniel) |
| Aug 7, 2019 | 38 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Fresenius Kabi's First Set of Interrogatories to Plaintiffs (Nos. 1-8) and (ii) Fresenius Kabi's First Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 1-34) filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Aug 1, 2019 | 33 | Notice of Substitution of Counsel (1) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re All Plaintiffs : Entry of appearance of attorney Daniel M. Silver. Attorney Jack B. Blumenfeld and Jeffrey J. Lyons terminated. (Silver, Daniel) |
| Aug 1, 2019 | 34 | Motion to Substitute Party (4) Docket Text: MOTION to Substitute Party: Acrotech Biopharma, LLC to replace Spectrum Pharmaceuticals, Inc. - filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Attachments: # (1) Text of Proposed Order)(Silver, Daniel) |
| Aug 1, 2019 | 34 | Text of Proposed Order (2) |
| Jul 15, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney John K. Hsu for Fresenius Kabi Oncology Ltd.,for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Jul 12, 2019 | 32 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Stephen J. Smith as co-counsel.. (Farnan, Brian) |
| Jul 10, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [31] MOTION for Pro Hac Vice Appearance of Attorney John K. Hsu filed by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd. Signed by Judge Colm F. Connolly on 7/10/2019. (nmf) |
| Jul 9, 2019 | 31 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John K. Hsu - filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian) |
| Apr 5, 2019 | 30 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Initial Invalidity Contentions filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Mar 6, 2019 | 29 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contentions filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Blumenfeld, Jack) |
| Feb 6, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [28] MOTION for Pro Hac Vice Appearance of Attorney William E. Solander, James R. Tyminski, and Kathryn E. Easterling filed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc. Signed by Judge Colm F. Connolly on 2/6/2019. (fms) |
| Feb 6, 2019 | 28 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William E. Solander, James R. Tyminski, and Kathryn E. Easterling - filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Lyons, Jeffrey) |
| Feb 4, 2019 | 26 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Disclosures Pursuant to Delaware Default Standard Paragraph 4(a) filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Lyons, Jeffrey) |
| Feb 4, 2019 | 27 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Core Technical Documents filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Michael) |
| Jan 14, 2019 | 25 | Protective Order (22) Docket Text: STIPULATED PROTECTIVE ORDER Signed by Judge Colm F. Connolly on 1/14/2019. (nmf) |
| Jan 11, 2019 | 22 | Proposed Order (22) Docket Text: Joint PROPOSED ORDER Stipulated Protective Order by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Lyons, Jeffrey) |
| Jan 11, 2019 | 23 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Fresenius Kabi's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and (ii) Fresenius Kabi's Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC.(Farnan, Brian) |
| Jan 11, 2019 | 24 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Rule 26(a)(1) Initial Disclosures and (2) Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Lyons, Jeffrey) |
| Jan 10, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 4/21/2020 at 10:00 AM before Judge Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 1/10/19. (cak) |
| Dec 17, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Helen H. Ji and Stephen J. Smith for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
| Dec 12, 2018 | 20 | Order Setting Teleconference (4) Docket Text: ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 1/10/2019 at 11:30 AM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 12/12/18. (cak) |
| Dec 10, 2018 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) |
| Dec 10, 2018 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearings: The Final Pretrial Conference is set for 1/28/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. (nmf) |
| Dec 7, 2018 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 12/7/2018. (Court Reporter V. Gunning.) (nmf) |
| Dec 7, 2018 | 19 | Scheduling Order (11) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/28/2020. Amended Pleadings due by 2/28/2020. Fact Discovery completed by 4/30/2020. Joint Claim Construction Brief due 1/10/2020. A Markman Hearing is set for 3/4/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 1/28/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Bench Trial is set for 2/8/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 12/7/2018. (nmf) |
| Dec 3, 2018 | N/A | Set/Reset Hearings (0) Docket Text: Reset Hearings: A Telephonic Scheduling Conference is set for 12/7/2018 at 11:30 AM before Judge Colm F. Connolly. The previous date of 12/5/2018 is cancelled as the court is closed for the National Day of Mourning. (nmf) |
| Dec 3, 2018 | 18 | Proposed Order (11) Docket Text: PROPOSED ORDER -- Scheduling Order -- by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Attachments: # (1) Letter to the Honorable Colm F. Connolly)(Blumenfeld, Jack) |
| Dec 3, 2018 | 18 | Letter to the Honorable Colm F. Connolly (1) |
| Nov 28, 2018 | 17 | Answer to Counterclaim (12) Docket Text: ANSWER to [14] Answer to Complaint, Counterclaim by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd..(Blumenfeld, Jack) |
| Nov 15, 2018 | 16 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Scheduling Conference: A Scheduling Conference is set for 12/5/2018 at 02:30 PM in Chambers before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 11/15/2018. (nmf) |
| Nov 9, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Aly T. Imron for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
| Nov 8, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Stephen J. Smith, and Helen H. Ji filed by Fresenius Kabi USA, LLC. Signed by Judge Colm F. Connolly on 11/8/2018. (fms) |
| Nov 8, 2018 | 13 | SO ORDERED (3) Docket Text: SO ORDERED, re [11] Stipulation of Dismissal filed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc. Party Fresenius Kabi USA, Inc. terminated. Signed by Judge Colm F. Connolly on 11/8/2018. (fms) |
| Nov 8, 2018 | 14 | Answer to Complaint (30) Docket Text: ANSWER to [1] Complaint, , COUNTERCLAIM against Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd. by Fresenius Kabi USA, LLC, Fresenius Kabi Oncology Ltd..(Farnan, Brian) |
| Nov 8, 2018 | 15 | Disclosure Statement (3) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fresenius Kabi Pharmaceuticals Holding, LLC, Other Affiliate Fresenius Kabi AG, Other Affiliate Fresenius SE & Co. KGaA for Fresenius Kabi USA, LLC; Corporate Parent Fresenius Kabi (Singapore) Pte. Ltd., Other Affiliate Fresenius Kabi AG, Other Affiliate Fresenius SE & Co. KGaA, Other Affiliate Fresenius Kabi Austria GmbH, Other Affiliate Fresenius Kabi Asiaco GmbH, Other Affiliate resenius Kabi Deutschland GmbH for Fresenius Kabi Oncology Ltd. filed by Fresenius Kabi Oncology Ltd., Fresenius Kabi USA, LLC. (Farnan, Brian) |
| Nov 7, 2018 | 11 | Stipulation of Dismissal (3) Docket Text: STIPULATION of Dismissal without prejudice Defendant Fresenius Kabi USA, Inc., and Amending Caption by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd.. (Lyons, Jeffrey) |
| Nov 7, 2018 | 12 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Stephen J. Smith, and Helen H. Ji - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) |
| Nov 6, 2018 | 10 | Notice (Other) (3) Docket Text: NOTICE of Change of Law Firm Name and Email Address of Pro Hac Vice Counsel by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd. (Lyons, Jeffrey) |
| Oct 26, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [9] STIPULATION TO EXTEND TIME for Fresenius Kabi USA, LLC and Fresenius Kabi USA, Inc. to move, answer, or otherwise respond to the Complaint to 11/9/2018 filed by Fresenius Kabi USA, Inc., Fresenius Kabi USA, LLC, Set/Reset Answer Deadlines: Fresenius Kabi USA, Inc. answer due 11/9/2018; Fresenius Kabi USA, LLC answer due 11/9/2018. Signed by Judge Colm F. Connolly on 10/26/2018. (fms) |
| Oct 26, 2018 | 9 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Fresenius Kabi USA, LLC and Fresenius Kabi USA, Inc. to move, answer, or otherwise respond to the Complaint to 11/9/2018 - filed by Fresenius Kabi USA, Inc., Fresenius Kabi USA, LLC. (Farnan, Brian) |
| Oct 17, 2018 | 8 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc.: For Fresenius Kabi Oncology Ltd. waiver sent on 10/10/2018, answer due 1/8/2019. (Lyons, Jeffrey) |
| Oct 10, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Oct 5, 2018 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc.. Fresenius Kabi USA, Inc. served on 10/5/2018, answer due 10/26/2018. (Blumenfeld, Jack) |
| Oct 5, 2018 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by TopoTarget UK Ltd., Spectrum Pharmaceuticals, Inc.. Fresenius Kabi USA, LLC served on 10/5/2018, answer due 10/26/2018. (Blumenfeld, Jack) |
| Oct 4, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Fresenius Kabi Oncology Ltd. on 10/4/2018; Fresenius Kabi USA, Inc. on 10/4/2018; Fresenius Kabi USA, LLC on 10/4/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg) |
| Oct 3, 2018 | 1 | Exhibit A-B (140) |
| Oct 3, 2018 | 1 | Civil Cover Sheet (1) |
| Oct 3, 2018 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Oct 3, 2018 | 3 | ANDA Form (1) Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 8/22/2018. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 1/3/2022. (nmg) |
| Oct 3, 2018 | 4 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. 6,888,027 ;U.S. 8,835,501. (nmg) |
| Oct 3, 2018 | 5 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Onxeo S.A. for TopoTarget UK Ltd. filed by Spectrum Pharmaceuticals, Inc., TopoTarget UK Ltd. (nmg) |
| Oct 3, 2018 | 1 | Complaint* (1) |
