Case number 1:18-cv-00073
Adverio Pharma GmbH et al v. MSN Laboratories Private Limited et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 4, 2021 | 211 | Transcript (332) Docket Text: Official Transcript of Bench Trial - Volume A held on December 15, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/25/2021. Redacted Transcript Deadline set for 2/4/2021. Release of Transcript Restriction set for 4/5/2021. (bpg) |
| Jan 4, 2021 | 212 | Transcript (237) Docket Text: Official Transcript of Bench Trial - Volume B held on December 16, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/25/2021. Redacted Transcript Deadline set for 2/4/2021. Release of Transcript Restriction set for 4/5/2021.(bpg) |
| Jan 4, 2021 | 213 | Transcript (5) Docket Text: Official Transcript of Bench Trial - Volume C held on December 17, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/25/2021. Redacted Transcript Deadline set for 2/4/2021. Release of Transcript Restriction set for 4/5/2021.(bpg) |
| Dec 21, 2020 | 210 | SO ORDERED (2) Docket Text: SO ORDERED, re (24 in 1:18-cv-00111-LPS, 209 in 1:18-cv-00073-LPS) Stipulation of Dismissal filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG, ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 12/21/20. Associated Cases: 1:18-cv-00073-LPS, 1:18-cv-00111-LPS (ntl) |
| Dec 18, 2020 | 209 | Stipulation of Dismissal (2) Docket Text: STIPULATION of Dismissal by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Blumenfeld, Jack) |
| Dec 17, 2020 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Status Conference held on 12/17/2020. (Court Reporter B. Gaffigan.) (ntl) |
| Dec 16, 2020 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Bench Trial held on 12/16/2020. (Court Reporter B. Gaffigan.) (ntl) |
| Dec 15, 2020 | N/A | Bench Trial - Begun (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Bench Trial held on 12/15/2020. (Court Reporter B. Gaffigan.) (ntl) |
| Dec 15, 2020 | 208 | Stipulation (2) Docket Text: Joint STIPULATION stipulated facts for trial by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Dec 14, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: The Bench Trial is available to the public using the following link for video access: https://trialgraphix.zoom.us/j/92134720585, Meeting ID: 921 3472 0585, Passcode: 747321. Audio or video reproduction of the proceeding is strictly prohibited. ORDERED by Judge Leonard P. Stark on 12/14/20. (ntl) |
| Dec 11, 2020 | 204 | Redacted Document (6) Docket Text: REDACTED VERSION of [198] Status Report by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits A-D)(Tigan, Jeremy) |
| Dec 11, 2020 | 204 | Exhibits A-D (1) |
| Dec 11, 2020 | 205 | Transcript (49) Docket Text: Official Transcript of Pretrial Conference held on December 2, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021. (bpg) |
| Dec 11, 2020 | 206 | Redacted Document (3) Docket Text: REDACTED VERSION of [202] Letter by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Dec 4, 2020 | 203 | Redacted Document (30) Docket Text: REDACTED VERSION of [194] Proposed Pretrial Order by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits 1-17)(Tigan, Jeremy) |
| Dec 4, 2020 | 203 | Exhibits 1-17 (358) |
| Dec 2, 2020 | N/A | Pretrial Conference - Final (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Pretrial Conference held by video on 12/2/2020. (Court Reporter B. Gaffigan.) (ntl) |
| Dec 1, 2020 | 200 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding dial-in information for the December 2, 2020 Pretrial Conference - re [154] SO ORDERED,,,, Set Deadlines/Hearings,,,. (Tigan, Jeremy) |
| Dec 1, 2020 | 201 | Memorandum and Order (5) Docket Text: MEMORANDUM ORDER re rulings on motions in limine and other pretrial order and trial related issues. Signed by Judge Leonard P. Stark on 12/1/20. (ntl) |
| Nov 30, 2020 | 197 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Second Supplemental Report of David P. Rotella, Ph.D. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Keller, Karen) |
| Nov 30, 2020 | 199 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplemental Responses to Defendant MSN's Fifth Set of Interrogatories (No. 34) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Nov 29, 2020 | 196 | Transcript (34) Docket Text: Official Transcript of Telephone Conference held on November 25, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/21/2020. Redacted Transcript Deadline set for 12/30/2020. Release of Transcript Restriction set for 3/1/2021. (bpg) |
| Nov 25, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 11/25/2020. (Court Reporter B. Gaffigan.) (ntl) |
| Nov 25, 2020 | 195 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Second Supplemental Expert Report of David Macmillan, Ph.D. filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Nov 23, 2020 | 192 | Redacted Document (5) Docket Text: REDACTED VERSION of [190] Letter by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Nov 23, 2020 | 193 | Status Report (5) Docket Text: Joint STATUS REPORT by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Nov 18, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: Having reviewed numerous recent filings, IT IS HEREBY ORDERED that: (1) Plaintiffs' motion to exclude evidence from Drs. Rotella and Scheidt (D.I. 162) is DENIED. The Court adopts and applies the undisputed legal standards as set out by Plaintiffs. (See D.I. 163 at 2) The Court is not persuaded by Plaintiffs' contentions that the challenged testimony impermissibly invades the province of the factfinder (which in this case is the Court) or expresses improper opinions about state of mind. Instead, it appears that the testimony will be helpful to the Court in understanding background facts (e.g., industry norms, reasonable expectations, etc.) it may need to consider in applying the agreed-upon test for determining whether a poster displayed at a chemistry society meeting is a printed publication. Plaintiffs' criticisms appear to go to the weight and not admissibility of the challenged evidence; (2) Plaintiffs' motion to strike certain opinions from Drs. Rotella and Scheidt (D.I. 168) is DENIED. Plaintiffs have failed to persuade the Court that Dr. Scheidt offers opinions inconsistent with Defendants' inequitable conduct pleading, which is primarily focused on ACS Poster 205 but also includes allegations about a larger pattern of deceptive conduct. (See, e.g., D.I. 175 at 1) (citing pleadings) Defendants will be held to their representation that they will not argue "the 10 secondary references... constitute wholly independent grounds of inequitable conduct." (D.I. 175 at 2) Plaintiffs have further failed to persuade the Court that the experts' redirect deposition testimony improperly disclosed new opinions, as opposed to properly addressed issues to which Plaintiffs had already opened the door and/or reasonably elaborated on opinions the experts had timely disclosed in their reports and/or provided permissible (possibly new) fact testimony. In any event, to cure any potential unfair prejudice to Plaintiffs, they will be permitted to file a brief supplemental report of their expert, Dr. MacMillan (see D.I. 169 at 2 n.2), provided that Dr. MacMillan will then be offered for a brief additional deposition. The Court will not require Drs. Rotella and Scheidt to be produced for additional depositions as Plaintiffs already had an opportunity to examine them, including on re-cross examination at depositions; (3) Defendants' motion to strike two supplemental expert reports (D.I. 170) is DENIED. While it would have been preferable had Plaintiffs disclosed their intent to rely on purported statements from an ACS representative by timely supplementing their interrogatory responses, and while the weight to be accorded to those statements (if any) is likely to be reduced given the manner in which Plaintiffs seek to admit them (i.e., the type of hearsay reasonably relied on by chemistry experts), the Court is not persuaded by Defendants' arguments for striking the supplemental reports. To the extent the Pennypack factors apply, the Court finds that the prejudice and surprise to Defendants can be cured by permitting Defendants' experts to serve short, supplemental expert reports directed solely to the new evidence challenged by Defendants' motion - and the Court hereby grants Defendants leave to do; and (4) with respect to the parties' disputes about the forthcoming trial, the parties shall meet and confer (it appears they have not yet done so) and, no later than Monday, November 23, SUBMIT a joint status report, providing their specific proposal(s) as to how the Court should proceed (including with respect to the additional discovery ordered today) and describing their positions on any disputes, taking account of the guidance provided below. The Court intends to proceed, as scheduled, in December, with as much of the remote bench trial as possible, possibly to include the entirety of that trial. On the submissions to date, the Court is not persuaded by Plaintiffs that its fact witnesses are unavailable to testify live (remotely) or that, if they are unavailable, that admission of their deposition testimony is not a fair substitute. Both sides will have a full and fair opportunity to present their positions (before, during, and after trial) as to whether any non-appearance of any witnesses live at trial is due to issues relating to the merits of the inequitable conduct allegations, travel restrictions arising from the global pandemic, and/or other factors. IT IS FURTHER ORDERED that the Court will hold a teleconference with the parties on Wednesday, November 25 beginning at 11:00 a.m. to discuss their proposal(s) and any disputes in the joint status report and how this case should now proceed. The parties and any interested member of the public shall use the following call-in information: 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 11/18/20. (ntl) |
| Nov 13, 2020 | 186 | Redacted Document (4) Docket Text: REDACTED VERSION of [178] Letter, by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits 1-3)(Tigan, Jeremy) |
| Nov 13, 2020 | 186 | Exhibits 1-3 (1) |
| Nov 13, 2020 | 187 | Redacted Document (15) Docket Text: REDACTED VERSION of [181] Reply Brief by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits G-J)(Tigan, Jeremy) |
| Nov 13, 2020 | 187 | Exhibits G-J (1) |
| Nov 13, 2020 | 188 | Letter (2) Docket Text: Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Upcoming Trial. (Tigan, Jeremy) |
| Nov 13, 2020 | 189 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen - re [188] Letter. (Russell, Andrew) |
| Nov 9, 2020 | 185 | Redacted Document (30) Docket Text: REDACTED VERSION of [179] Letter,, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Nov 6, 2020 | 182 | Redacted Document (14) Docket Text: REDACTED VERSION of [175] Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Nov 6, 2020 | 183 | Redacted Document (17) Docket Text: REDACTED VERSION of [176] Answering Brief in Opposition, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Nov 6, 2020 | 184 | Redacted Document (6) Docket Text: REDACTED VERSION of [177] Letter, by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits 1-18)(Tigan, Jeremy) |
| Nov 6, 2020 | 184 | Exhibits 1-18 (92) |
| Nov 2, 2020 | 180 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen regarding request for the scheduling of a teleconference. (Hoeschen, Nathan) |
| Oct 30, 2020 | 173 | Redacted Document (12) Docket Text: REDACTED VERSION of [171] Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Oct 30, 2020 | 174 | Redacted Document (5) Docket Text: REDACTED VERSION of [169] Letter, by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits 1-5)(Tigan, Jeremy) |
| Oct 30, 2020 | 174 | Exhibits 1-5 (1) |
| Oct 27, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: Having reviewed the parties' joint status report of October 21 (D.I. 166), IT IS HEREBY ORDERED that the parties will be provided a maximum of 12.5 hours per side for trial, a number which may be reduced after the Court reviews the forthcoming proposed pretrial order and/or at the pretrial conference. The Court strongly believes this will provide each side a more than adequate amount of time to present its case. Delays that are caused solely by technical difficulties due to the remote nature of the trial will not be counted toward a party's time. ORDERED by Judge Leonard P. Stark on 10/27/20. (ntl) |
| Oct 23, 2020 | 167 | Redacted Document (10) Docket Text: REDACTED VERSION of [163] Opening Brief in Support, by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits A-F)(Tigan, Jeremy) |
| Oct 23, 2020 | 167 | Exhibits A-F (1) |
| Oct 23, 2020 | 168 | Motion to Strike (5) Docket Text: MOTION to Strike Certain Opinions from Drs. Rotella and Scheidt - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Oct 23, 2020 | 170 | Motion to Strike (2) Docket Text: MOTION to Strike Bayer's Supplemental Expert Reports - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Text of Proposed Order)(Hoeschen, Nathan) |
| Oct 23, 2020 | 170 | Text of Proposed Order (1) |
| Oct 22, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Dawson Robinson for Adverio Pharma GmbH, for Bayer AG, for Bayer HealthCare Pharmaceuticals Inc. 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) |
| Oct 22, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Rebecca T. Horwitz for Adverio Pharma GmbH, for Bayer AG,for Bayer HealthCare Pharmaceuticals Inc. 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) |
| Oct 21, 2020 | 166 | Status Report (2) Docket Text: Joint STATUS REPORT by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Oct 19, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: Having reviewed the parties' joint status report (D.I. 164), IT IS HEREBY ORDERED that, as the parties have requested, the forthcoming bench trial (and pretrial conference) will be fully remote (in which all counsel, witnesses, and parties will appear via videoconferencing technology). IT IS FURTHER ORDERED that the parties shall, no later than Wednesday, October 21, submit a further joint status report advising the Court of the number of hours they presently believe they will request for trial. The Court currently expects to be available for trial at some or all of the following times: December 14: 12 pm to 7 pm; December 15, 16, 17, 18: 8 am to 7 pm; December 22: 8 am to 12 pm; and December 23: 8 am to 1 pm. IT IS FURTHER ORDERED that to the extent the parties continue to have a dispute about MSN's adverse inference request, they shall brief it as part of the proposed pretrial order, with the same page limitations as apply to motions in limine. ORDERED by Judge Leonard P. Stark on 10/19/20. (ntl) |
| Oct 16, 2020 | 162 | Motion for Miscellaneous Relief (5) Docket Text: MOTION to Exclude Evidence from Drs. Rotella and Scheidt - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Oct 16, 2020 | 164 | Status Report (4) Docket Text: Joint STATUS REPORT by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Oct 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [161] MOTION for Pro Hac Vice Appearance of Attorney Rebecca T. Horwitz and Dawson Robinson of Bartlit Beck LLP filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 10/13/20. (ntl) |
| Oct 12, 2020 | 161 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Rebecca T. Horwitz and Dawson Robinson of Bartlit Beck LLP - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Oct 9, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: In light of the ongoing impact of the coronavirus pandemic, IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than October 16, submit a joint status report providing their views on (in addition to anything else they wish to report) whether the bench trial (scheduled to begin on December 18) should be converted to a fully remote bench trial (in which all counsel and witnesses would appear via videoconferencing technology) or a partially remote bench trial (in which some small number of counsel and potentially witnesses might appear in court), or alternatively whether the trial should proceed fully in court or possibly be rescheduled. ORDERED by Judge Leonard P. Stark on 10/9/20. (ntl) |
| Sep 22, 2020 | 159 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Supplemental Expert Reports of David MacMillan, Ph.D., and Andrew S. Bell., Ph.D. filed by Adverio Pharma GmbH, Bayer AG.(Tigan, Jeremy) |
| Sep 14, 2020 | 158 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Supplemental Report of David P. Rotella, Ph.D. (2) First Supplemental Expert Report of Karl A. Scheidt, Ph.D. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Keller, Karen) |
| Sep 2, 2020 | 157 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Adam K. Mortara as co-counsel.. (Tigan, Jeremy) |
| Aug 25, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [156] STIPULATION and Order Regarding Remote Depositions filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 8/25/20. (ntl) |
| Aug 20, 2020 | 156 | Stipulation (10) Docket Text: STIPULATION and Order Regarding Remote Depositions by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Apr 6, 2020 | 155 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Fourth Request for Production of Documents and Things to Plaintiffs (No. 102) and (2) Plaintiffs' Responses to Defendant MSN's Fifth Set of Interrogatories (No. 34) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Mar 30, 2020 | N/A | SO ORDERED (0) Docket Text: ORAL ORDER: Having reviewed the parties' joint motion to amend the case schedule (D.I. 153), IT IS HEREBY ORDERED that the motion is GRANTED and the parties' proposed amended deadlines are ADOPTED. IT IS FURTHER ORDERED that trial will be held sometime between December 14 and 23; the Court currently has jury trials on its calendar for this period and, if those cases proceed to trial, the bench trial in the instant case will be held on afternoons and evenings and, if needed, on the weekend. The specific schedule will be determined at a date closer to trial. The proposed pretrial order is due on November 23, 2020 and the pretrial conference will be held on December 2, 2020 at 4:00 p.m. The Court finds good cause for this modification based on travel restrictions and other impacts of the ongoing coronavirus pandemic, as further detailed in the parties' motion. ORDERED by Judge Leonard P. Stark on 3/30/20. (ntl) |
| Mar 24, 2020 | 153 | Motion for Miscellaneous Relief (5) Docket Text: Joint MOTION to Amend the Case Schedule and Set a New Trial Date - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Mar 6, 2020 | 152 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Fourth Request for Production of Documents and Things to Plaintiffs (No. 102); (2) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Fifth Set of Interrogatories to Plaintiffs (No. 34); (3) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Notice of Deposition of Henning Lüetjens; and (4) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Notice of Deposition of Alan Graff filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Keller, Karen) |
| Mar 3, 2020 | 150 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant MSN's Second Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Jan 29, 2020 | 149 | Transcript (29) Docket Text: Official Transcript of Telephone Conference held on December 9, 2019. Court Reporter/Transcriber Valerie Gunning, Email: Valerie_Gunning@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 2/19/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/28/2020. (bpg) |
| Jan 17, 2020 | 148 | Redacted Document (1) Docket Text: REDACTED VERSION of [143] Letter by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibit 1-2)(Tigan, Jeremy) |
| Jan 17, 2020 | 148 | Exhibit 1-2 (4) |
| Jan 16, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [147] Stipulation and Order regarding modified case schedule filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 1/15/20. (ntl) |
| Jan 15, 2020 | 147 | Stipulation (2) Docket Text: STIPULATION regarding modified case schedule by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Jan 14, 2020 | 145 | Redacted Document (9) Docket Text: REDACTED VERSION of [144] MOTION for Issuance of Letters Rogatory for International Discovery (Unopposed) by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Jan 14, 2020 | 146 | Order (1) Docket Text: ORDER re [144] MOTION for Issuance of Letters Rogatory for International Discovery (Unopposed) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 1/14/20. (ntl) |
| Dec 23, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Having reviewed the parties' letter of December 16 (D.I. 137), IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than December 30, 2019, submit a further joint status report and proposed schedule addressing/including the following: (1) trial will be held sometime between July 27 and August 21, 2020 - the parties shall advise the Court of their availability and preferences on each of the business days during that timeframe; (2) the Court agrees with Defendants that a declaration/certification is warranted relating to some or all of the topics identified by Defendants in proposed paragraphs 2-4 of the Proposed Order and would benefit from being able to consider counter-proposals from Plaintiffs, if they wish to offer any; (3) the Court agrees with the first sentence of Plaintiffs' proposal at paragraph 5 ("Consistent with his agreement to do so... by telephone.") and will strike Plaintiffs' citations from the scheduling order it signs; (4) the Court also agrees with Defendants' Proposal for paragraph 5, which shall also be included in the next proposed scheduling order; and (5) the Court agrees with Plaintiffs that Defendants' proposed paragraph 6 is unnecessary. Ordered by Judge Leonard P. Stark on 12/23/2019. (etg) |
| Dec 23, 2019 | 140 | Redacted Document (12) Docket Text: REDACTED VERSION of [137] Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Keller, Karen) |
| Dec 18, 2019 | 138 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Dr. Feurer - re [134] Letter. (Tigan, Jeremy) |
| Dec 13, 2019 | 136 | Redacted Document (5) Docket Text: REDACTED VERSION of [134] Letter by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibit 1-3)(Tigan, Jeremy) |
| Dec 13, 2019 | 136 | Exhibit 1-3 (3) |
| Dec 12, 2019 | 135 | Redacted Document (19) Docket Text: REDACTED VERSION of [133] Letter, (to The Honorable Leonard P. Stark from Nathan R. Hoeschen regarding Discovery Dispute) by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Dec 9, 2019 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Discovery Teleconference held on 12/9/2019. (Court Reporter V. Gunning.) (ntl) |
| Dec 3, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 127, 131), IT IS HEREBY ORDERED that a teleconference is scheduled for December 9, 2019 at 10:00 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than December 5, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than December 6, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 12/3/19. (ntl) |
| Dec 2, 2019 | 131 | Letter (1) Docket Text: Joint Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen regarding a request for an expedited teleconference - re [127] Letter. (Hoeschen, Nathan) |
| Nov 26, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [130] STIPULATION TO EXTEND TIME for Close of Expert Discovery to December 6, 2019 filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 11/25/19. (ntl) |
| Nov 22, 2019 | 130 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Close of Expert Discovery to December 6, 2019 - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Nov 15, 2019 | 129 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiffs' First Supplemental Responses to Defendant MSN's Third Set of Interrogatories (Nos. 17-28) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Nov 8, 2019 | 128 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Responses to Defendant MSN's Third Set of Interrogatories (Nos. 17-28) and (2) Plaintiffs' Responses to Defendant MSN's Fourth Set of Interrogatories (Nos. 29-33) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Nov 6, 2019 | 127 | Letter (2) Docket Text: Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen regarding the parties request to schedule a discovery teleconference. (Hoeschen, Nathan) |
| Oct 30, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [126] MOTION for Pro Hac Vice Appearance of Attorney Madeline R. DiLascia filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 10/30/19. (ntl) |
| Oct 30, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Madeline R. DiLascia for MSN Laboratories Private Limited and MSN Pharmaceuticals Inc. 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. (amf) |
| Oct 29, 2019 | 126 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Madeline R. DiLascia - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Oct 25, 2019 | 125 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Second Requests for Production of Documents and Things to Plaintiffs (Nos. 80-96) and (2) Plaintiffs' Objections and Responses to Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Third Requests for Production of Documents and Things to Plaintiffs (Nos. 97-101) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Oct 9, 2019 | 124 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Second Set of Request for Production of Documents and Things to Plaintiffs (Nos. 80-96), 2) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Third Set of Interrogatories to Plaintiffs (Nos. 17-28), 3) Second Notice of Deposition of Plaintiffs Adverio Pharma GmbH, Bayer AG, and Bayer Healthcare Pharmaceuticals Inc. Pursuant to Fed. R. Civ. P. 30(b)(6), 4) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Third Request for Production of Documents and Things to Plaintiffs (Nos. 97-101), 5) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Fourth Set Interrogatories to Plaintiffs (Nos. 39-33) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Oct 8, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [122] Stipulation of Dismissal filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 10/8/2019. (etg) |
| Oct 8, 2019 | 123 | Redacted Document (30) Docket Text: REDACTED VERSION of [119] Answer to Counterclaim by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Oct 7, 2019 | N/A | Order on Motion for Leave to File (0) Docket Text: ORAL ORDER: For the reasons stated during the teleconference on September 11, 2019, IT IS HEREBY ORDERED that Defendants' Motion for Leave to Amend (D.I. 98) is GRANTED. Ordered by Judge Leonard P. Stark on 10/7/2019. (etg) |
| Oct 7, 2019 | 121 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1.) Reply Report of David P. Rotella, Ph.D., 2.) Reply Expert Report of Karl A. Scheidt, Ph.D., 3.) Reply Expert Report of Brian B. Graham, M.D. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Oct 7, 2019 | 122 | Stipulation of Dismissal (3) Docket Text: STIPULATION of Dismissal by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Sep 30, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 119 has been removed as per the request of the filer. (etg) |
| Sep 23, 2019 | 118 | Redacted Document (30) Docket Text: REDACTED VERSION of [115] Amended Answer to Complaint,, Counterclaim, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Sep 18, 2019 | 116 | Transcript (33) Docket Text: Official Transcript of Telephone Conference held on September 11, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/9/2019. Redacted Transcript Deadline set for 10/21/2019. Release of Transcript Restriction set for 12/17/2019. (bpg) |
| Sep 18, 2019 | 117 | Redacted Document (5) Docket Text: REDACTED VERSION of [112] Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Response to September 5, 2019 Letter Regarding Discovery Disputes by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibit 1-6)(Tigan, Jeremy) |
| Sep 18, 2019 | 117 | Exhibit 1-6 (18) |
| Sep 13, 2019 | 114 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Expert Report of Andrew S. Bell, Ph.D., (2) Expert Report of David MacMillan, Ph.D., and (3) Expert Report of Ioana R. Preston, M.D. filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Sep 12, 2019 | 113 | Redacted Document (6) Docket Text: REDACTED VERSION of [111] Letter,, to The Honorable Leonard P. Stark from Nathan R. Hoeschen by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Sep 11, 2019 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Discovery Teleconference held on 9/11/2019. (Court Reporter B. Gaffigan.) (ntl) |
| Sep 3, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Court will hold a teleconference on Wednesday, September 11 at 3:45 p.m. to discuss the pending motion for leave to amend as well as discovery disputes (see D.I. 97). While no further briefing is needed with respect to the motion to amend, the party requesting relief in connection with discovery disputes shall file a letter brief (not to exceed three pages) by September 5 and the party opposing such relief shall file a letter brief (not to exceed three pages) by September 6. Counsel for MSN shall initiate the call to (302) 573-4571. ORDERED by Judge Leonard P. Stark on 9/3/19. (ntl) |
| Aug 12, 2019 | 109 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1. Opening Expert Report of David P. Rotella, PH.D., 2. Opening Expert Report of Karl A. Scheidt, PH.D. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Jul 19, 2019 | 107 | Redacted Document (5) Docket Text: REDACTED VERSION of [105] Letter by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Jul 19, 2019 | 108 | Redacted Document (7) Docket Text: REDACTED VERSION of [102] Letter, to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Answering Letter in Opposition to MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Motion for Leave to Amend Pleadings by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibit A-E)(Tigan, Jeremy) |
| Jul 19, 2019 | 108 | Exhibit A-E (10) |
| Jul 12, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [101] STIPULATION TO EXTEND TIME opening expert reports, rebuttal expert reports and reply expert reports to August 9, 2019, September 13, 2019 and October 4, 2019, respectively filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 7/12/19. (ntl) |
| Jul 12, 2019 | 106 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen regarding request for teleconference - re [98] MOTION for Leave to File Amended Answer. (Hoeschen, Nathan) |
| Jul 10, 2019 | 103 | Redacted Document (6) Docket Text: REDACTED VERSION of [99] Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen In Support of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Motion for Leave to Amend Pleadings by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Jul 10, 2019 | 104 | Redacted Document (5) Docket Text: REDACTED VERSION of [98] MOTION for Leave to File Amended Answer by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Jul 8, 2019 | 100 | Exhibit to a Document (1) Docket Text: EXHIBIT re [98] MOTION for Leave to File Amended AnswerCertification Pursuant To LR 7.1.1 by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Jul 8, 2019 | 101 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME opening expert reports, rebuttal expert reports and reply expert reports to August 9, 2019, September 13, 2019 and October 4, 2019, respectively - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Jul 3, 2019 | 97 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Nathan R. Hoeschen regarding Discovery Dispute. (Hoeschen, Nathan) |
| Jul 2, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [96] Stipulation and Order filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 7/1/19. (ntl) |
| Jun 12, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [95] Stipulation and Order to Extend Expert Discovery Deadlines filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 6/12/19. (ntl) |
| Jun 3, 2019 | 95 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order to Extend Expert Discovery Deadlines re [30] Scheduling Order,,, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Keller, Karen) |
| May 17, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The time for the ADR Teleconference on 6/3/2019 has been corrected to reflect that the call is set for 11:30 AM not 11:00 AM. (dlb) |
| May 17, 2019 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Resetting Mediation Conference: Due to a scheduling conflict, the ADR teleconference set for 5/20/19 has been rescheduled. A Telephone Conference is set for 6/3/2019 at 11:30 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 5/17/2019. (dlb) Modified on 5/17/2019 (dlb). |
| May 17, 2019 | 94 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Responses to Defendant MSN's First Set of Common Requests for Admission (Nos. 1-27) and (2) Plaintiffs' Second Supplemental Responses to Defendants' First Set of Common Interrogatories (Nos. 1-11) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| May 3, 2019 | 92 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiffs' Responses to Defendant MSN's Second Set of Interrogatories (Nos. 12-16) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Apr 29, 2019 | 91 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s First Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories to Defendants [Nos. 1-2] (2) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' Notice of Deposition Pursuant to Rule 30(b)(6) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 82 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant MSN's Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Apr 26, 2019 | 83 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Alexander Straub on May 16, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 84 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Cristina Alonso-Alija on May 15, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 85 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Elke Stahl on May 13, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 86 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Johannes-Peter Stasch on May 14, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 87 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Maria-Louisa Rodriguez on May 15, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 88 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Rene Munser on May 17, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 89 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Stefan Weigand on May 17, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 26, 2019 | 90 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Tilman Breitenstein on May 13, 2019 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 24, 2019 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Resetting Mediation Conference: Due to a scheduling conflict, the 5/13/2019 teleconference has been rescheduled. A Telephone Conference is set for 5/20/2019 at 10:15 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/24/2019. (dlb) |
| Apr 22, 2019 | 80 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of First Supplemental Invalidity Contentions of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 17, 2019 | 79 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Set of Common Requests for Admission to Plaintiffs (Nos. 1-27) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Apr 10, 2019 | 78 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiffs' First Supplemental Responses to Defendants' First Set of Common Interrogatories (Nos. 1-11) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Apr 3, 2019 | 76 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Notice of Deposition of Plaintiffs Adverio Pharma GmbH, Bayer AG, and Bayer Healthcare Pharmaceuticals Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) (2) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Second Set of Interrogatories to Plaintiffs (Nos. 12-16) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Keller, Karen) |
| Mar 18, 2019 | N/A | Order Cancelling Deadline (0) Docket Text: ORAL ORDER: Per the Stipulation and Order at D.I. 70, IT IS HEREBY ORDERED that the Markman Hearing scheduled for April 22, 2019 is CANCELLED. ORDERED by Judge Leonard P. Stark on 3/18/19. (ntl) |
| Mar 15, 2019 | 74 | Status Report (4) Docket Text: Interim STATUS REPORT by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Feb 19, 2019 | 73 | Redacted Document (5) Docket Text: REDACTED VERSION of [70] Stipulation by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Hoeschen, Nathan) |
| Feb 15, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Eric T. Romeo for MSN Laboratories Private Limited and MSN Pharmaceuticals Inc. 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. (ddp) |
| Feb 13, 2019 | 71 | Memorandum Opinion (15) Docket Text: MEMORANDUM OPINION re [15] motion to dismiss. Signed by Judge Leonard P. Stark on 2/13/19. (ntl) |
| Feb 13, 2019 | 72 | Order (1) Docket Text: ORDER re [71] Memorandum Opinion -- [15] MOTION to Dismiss filed by INC Research, LLC is GRANTED. Signed by Judge Leonard P. Stark on 2/13/19. (ntl) |
| Feb 7, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [70] Stipulation and Order filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 2/6/19. (ntl) |
| Jan 28, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [69] STIPULATION TO EXTEND TIME to File Opening Claim Construction Briefs to February 8, 2019 filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 1/25/19. (ntl) |
| Jan 25, 2019 | 69 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to File Opening Claim Construction Briefs to February 8, 2019 - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Jan 9, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [68] STIPULATION TO EXTEND TIME Regarding Claim Construction Deadlines to Various Dates filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 1/8/19. (ntl) |
| Jan 4, 2019 | 68 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME Regarding Claim Construction Deadlines to Various Dates - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Dec 10, 2018 | 67 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Responses to Defendants' First Set of Common Interrogatories (Nos. 1-11) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Dec 7, 2018 | 66 | Claim Construction Chart (4) Docket Text: CLAIM Construction Chart by Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Exhibits A-G)(Tigan, Jeremy) |
| Dec 7, 2018 | 66 | Exhibits A-G (85) |
| Nov 26, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [64] Stipulation and Order filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 11/26/18. (ntl) |
| Nov 26, 2018 | 65 | Redacted Document (4) Docket Text: REDACTED VERSION of [64] Stipulation by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Nov 20, 2018 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 64 placed under seal per request of counsel. (ntl) |
| Nov 14, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [60] STIPULATION TO EXTEND TIME by which Plaintiffs and INC Research, LLC shall exchange proposed claim terms for construction and whether they expect to file expert declarations on claim construction issues (with respect to the '798 patent) to November 26, 2018 filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 11/9/18. (ntl) |
| Nov 13, 2018 | 63 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Proposed Claim Construction Terms filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Nov 9, 2018 | 61 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Set of Common Interrogatories to Plaintiffs (Nos. 1-11) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Nov 9, 2018 | 62 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Plaintiffs' Claim Terms for Construction filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Blumenfeld, Jack) |
| Nov 8, 2018 | 60 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME by which Plaintiffs and INC Research, LLC shall exchange proposed claim terms for construction and whether they expect to file expert declarations on claim construction issues (with respect to the '798 patent) to November 26, 2018 - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Oct 25, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [58] MOTION for Pro Hac Vice Appearance of Attorney Kathleen McGuinness filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 10/25/18. (ntl) |
| Oct 25, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kathleen A. McGuinness for MSN Laboratories Private Limited and MSN Pharmaceuticals Inc. 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) |
| Oct 24, 2018 | 58 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kathleen McGuinness - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Keller, Karen) |
| Oct 24, 2018 | 59 | Notice (Other) (1) Docket Text: NOTICE of Firm Name Change by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc. (Tigan, Jeremy) |
| Oct 22, 2018 | 57 | Redacted Document (6) Docket Text: REDACTED VERSION of [53] Proposed Consent Judgment by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc.. (Hoeschen, Nathan) |
| Oct 19, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [53] Consent Judgment filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc. Signed by Judge Leonard P. Stark on 10/19/18. (ntl) |
| Oct 19, 2018 | 55 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant INC Research, LLC's Initial Invalidity Contentions filed by INC Research, LLC.(Dorsney, Kenneth) |
| Oct 19, 2018 | 56 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Initial Invalidity Contentions of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Hoeschen, Nathan) |
| Oct 18, 2018 | 54 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s First Requests for Production of Documents and Things to Plaintiffs (Nos. 1-79) filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Oct 16, 2018 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 53 has been replaced and the docket text has been corrected to reflect the appropriate filer as per counsel's request. (etg) |
| Sep 19, 2018 | 52 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Claim Chart filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Sep 7, 2018 | 51 | Notice (Other) (2) Docket Text: NOTICE of Service of Defendants' Responses to Requests Nos. 3 and 4 of Plaintiffs' First Set of Requests for the Production of Documents and Things by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc. (Gattuso, Dominick) |
| Sep 6, 2018 | 50 | Redacted Document (5) Docket Text: REDACTED VERSION of [48] Stipulation by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Sep 5, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [48] Stipulation and Order filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 9/4/18. (ntl) |
| Sep 4, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (20 in 1:18-cv-00112-LPS, 45 in 1:18-cv-00073-LPS, 21 in 1:18-cv-00111-LPS) Protective Order. Signed by Judge Leonard P. Stark on 9/4/18. Associated Cases: 1:18-cv-00073-LPS, 1:18-cv-00111-LPS, 1:18-cv-00112-LPS (ntl) |
| Sep 4, 2018 | 49 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) INC Research's responses to Plaintiffs' First Set of Interrogatories (Nos. 1-2); and (2) INC Research's responses to Plaintiffs' First Set of Requests for Production (Nos. 1-53) filed by INC Research, LLC.(Dorsney, Kenneth) |
| Aug 28, 2018 | 47 | Order Setting Mediation Conferences (1) Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is set for 5/13/2019 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 8/28/2018. (dlb) |
| Aug 27, 2018 | 46 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Aaron M. Nelson on behalf of Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc. (Nelson, Aaron) |
| Aug 22, 2018 | 45 | Proposed Order (21) Docket Text: PROPOSED ORDER // Protective Order by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Aug 21, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [41] STIPULATION TO EXTEND TIME to File Protective Order to August 22, 2018 filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 8/21/18. (ntl) |
| Aug 21, 2018 | 43 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Alembic Pharmaceuticals Limited--Documents bearing Bates numbers APL-RCGT0000001 to APL-RCGT0029868 [HIGHLY CONFIDENTIAL] filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Aug 21, 2018 | 44 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiffs' First Set of Requests for the Production of Documents and Things to Defendants [Nos. 1-53] (2) Defendants Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd.'s Responses and Objections to Plaintiffs' First Set of Requests for the Production of Documents and Things to Defendants [Nos. 1-53] (3) Defendants Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd.'s Responses and Objections to Plaintiffs' First Set of Interrogatories to Defendants [Nos. 1-2] (4) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiffs' First Set of Interrogatories to Defendants [Nos. 1-2] (5) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Initial Disclosures Under Section 3 of this Court's Default Standard for Discovery Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Initial Disclosures Under Rule 26(a)(1) (6) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Initial Disclosures Under Rule 26(a)(1) (7) Defendants Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd.'s Initial Disclosures Under Rule 26(a)(1) (8) Defendants Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd.'s Initial Disclosures Under Section 3 of this Court's Default Standard for Discovery filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc..(Hoeschen, Nathan) |
| Aug 20, 2018 | 39 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Initial Disclosures; and (2) Plaintiffs' Disclosures Under Paragraph 8(a) of the Scheduling Order filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Aug 20, 2018 | 40 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Initial Disclosures of Alembic Pharmaceuticals Limited, Alembic Global Holding SA, and Alembic Pharmaceuticals, Inc. Pursuant to Fed. Civ. P. 26(a)(1) and Paragraph 3 of the District of Delaware Default Standard for Discovery filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Aug 20, 2018 | 41 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to File Protective Order to August 22, 2018 - filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Aug 20, 2018 | 42 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of INC Research's Rule 26(a)(1) Initial Disclosures, Paragraph 3 Disclosures and Paragraph 4(b) Disclosures filed by INC Research, LLC.(Dorsney, Kenneth) |
| Aug 10, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [38] STIPULATION TO EXTEND TIME to submit Rule 26(a)(1) Initial Disclosures, Protective Order, and Paragraph 3 and 4(a) Disclosures to August 20, 2018 filed by MSN Laboratories Private Limited, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc., MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 8/10/18. (ntl) |
| Aug 9, 2018 | 38 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit Rule 26(a)(1) Initial Disclosures, Protective Order, and Paragraph 3 and 4(a) Disclosures to August 20, 2018 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc.. (Hoeschen, Nathan) |
| Aug 7, 2018 | 37 | Order Setting Mediation Conferences (5) Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is set for 8/27/2018 at 10:45 AM before Judge Christopher J. Burke.Signed by Judge Christopher J. Burke on 8/7/2018. (dlb) |
| Aug 3, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [36] STIPULATION TO EXTEND TIME to submit Rule 26(a)(1) Initial Disclosures, Protective Order, and Paragraph 3 and 4(a) Disclosures to August 10, 2018 filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc. Signed by Judge Leonard P. Stark on 8/2/18. (ntl) |
| Aug 1, 2018 | 36 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit Rule 26(a)(1) Initial Disclosures, Protective Order, and Paragraph 3 and 4(a) Disclosures to August 10, 2018 - filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc.. (Keller, Karen) |
| Jul 23, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [35] STIPULATION (and proposed order) to extend case deadlines filed by MSN Laboratories Private Limited, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc., MSN Pharmaceuticals Inc. Signed by Judge Leonard P. Stark on 7/23/18. (ntl) |
| Jul 19, 2018 | 35 | Stipulation (2) Docket Text: STIPULATION (and proposed order) to extend case deadlines re [30] Scheduling Order,,, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc.. (Keller, Karen) |
| Jul 6, 2018 | 34 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' First Set of Interrogatories to Defendants [Nos. 1-2]; and (2) Plaintiffs' First Set of Requests for the Production of Documents and Things to Defendants [Nos. 1-53] filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..(Tigan, Jeremy) |
| Jul 5, 2018 | 33 | Redacted Document (2) Docket Text: REDACTED VERSION of [31] Letter to The Honorable Leonard P. Stark regarding contractual agreement by INC Research, LLC. (Dorsney, Kenneth) |
| Jun 28, 2018 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Burke 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 (dlb) |
| Jun 28, 2018 | 30 | Scheduling Order (14) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. 18-73-LPS, 18-111-LPS, and 18-112-LPS are CONSOLIDATED for all purposes and all papers shall be filed in lead case No. 18-73-LPS. Discovery due by 5/17/2019. Status Report due by 3/15/2019. Claim Construction Opening Brief due by 1/11/2019. Claim Construction Answering Brief due by 2/15/2019. A Markman Hearing is set for 4/22/2019 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 1/17/2020. A Final Pretrial Conference is set for 1/24/2020 at 03:30 PM in Courtroom 6B before Judge Leonard P. Stark. A 5-day Bench Trial is set for 2/3/2020 at 08:30 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 6/27/18. (ntl) |
| Jun 28, 2018 | 32 | Transcript (38) Docket Text: Official Transcript of Case Management Conference held on June 19, 2018 before Chief Judge Leonard P. Stark. Court Reporter Stacy Ingram of Hawkins Reporting Service, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/19/2018. Redacted Transcript Deadline set for 7/30/2018. Release of Transcript Restriction set for 9/26/2018. (bpg) |
| Jun 26, 2018 | 29 | Proposed Order (14) Docket Text: PROPOSED ORDER -- Scheduling Order -- by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Attachments: # (1) Letter to the Honorable Leonard P. Stark)(Blumenfeld, Jack) |
| Jun 26, 2018 | 29 | Letter to the Honorable Leonard P. Stark (1) |
| Jun 19, 2018 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Case Management Conference held on 6/19/2018. (Court Reporter: Hawkins Reporting) Associated Cases: 1:18-cv-00073-LPS, 1:18-cv-00111-LPS, 1:18-cv-00112-LPS (ntl) |
| Jun 6, 2018 | 27 | ANDA Form (1) Docket Text: Amended Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: December 4, 2017. Date of Expiration of Patent: July 16, 2019.Thirty Month Stay Deadline: 4/8/2021. (Tigan, Jeremy) |
| Jun 6, 2018 | 28 | Proposed Order (15) Docket Text: PROPOSED ORDER -- [Proposed] Scheduling Order -- by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| May 23, 2018 | N/A | Order Setting Scheduling Conference (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Court will hold a Case Management Conference in courtroom 6B on June 19, 2018 at 1:00 p.m. In preparation for the CMC, counsel shall meet and confer and address the items listed in the "Checklist," and submit a proposed scheduling order no later than June 6, 2018. The parties shall also be prepared to discuss the pending motion to dismiss (D.I. 15 in 18-73-LPS). ORDERED by Judge Leonard P. Stark on 5/23/18. Associated Cases: 1:18-cv-00073-LPS, 1:18-cv-00111-LPS, 1:18-cv-00112-LPS (ntl) |
| May 2, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Joshua E. Ney,Ralph J. Gabric for Alembic Pharmaceuticals Limited,and for Alembic Pharmaceuticals, Inc. 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. (lmm) |
| May 2, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [25] MOTION for Pro Hac Vice Appearance of Attorney Lorraine Hernandez and Robert G. Schuler filed by INC Research, LLC. Signed by Judge Leonard P. Stark on 5/2/18. (ntl) |
| May 2, 2018 | 25 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Lorraine Hernandez and Robert G. Schuler - filed by INC Research, LLC. (Dorsney, Kenneth) |
| Apr 30, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [24] MOTION for Pro Hac Vice Appearance of Attorney Ralph J. Gabric and Joshua E. Ney filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 4/30/18. (ntl) |
| Apr 27, 2018 | 23 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc. re [15] MOTION to Dismiss for Failure to State a Claim . (Tigan, Jeremy) |
| Apr 27, 2018 | 24 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ralph J. Gabric and Joshua E. Ney - filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Apr 23, 2018 | 22 | Reply Brief (9) Docket Text: REPLY BRIEF re [15] MOTION to Dismiss for Failure to State a Claim filed by INC Research, LLC. (Dorsney, Kenneth) |
| Apr 17, 2018 | 20 | Answering Brief in Opposition (12) Docket Text: ANSWERING BRIEF in Opposition re [15] MOTION to Dismiss for Failure to State a Claim filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc..Reply Brief due date per Local Rules is 4/24/2018. (Tigan, Jeremy) |
| Apr 17, 2018 | 21 | Declaration (7) Docket Text: DECLARATION re [20] Answering Brief in Opposition, (Meg E. Fasulo) by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Apr 3, 2018 | 15 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by INC Research, LLC. (Dorsney, Kenneth) |
| Apr 3, 2018 | 16 | Opening Brief in Support (13) Docket Text: OPENING BRIEF in Support re [15] MOTION to Dismiss for Failure to State a Claim filed by INC Research, LLC.Answering Brief/Response due date per Local Rules is 4/17/2018. (Dorsney, Kenneth) |
| Apr 3, 2018 | 17 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Syneos Health, Inc. for INC Research, LLC filed by INC Research, LLC. (Dorsney, Kenneth) |
| Apr 3, 2018 | 18 | Answer to Complaint (20) Docket Text: ANSWER to [1] Complaint, with Jury Demand by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Apr 3, 2018 | 19 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alembic Limited for Alembic Pharmaceuticals Limited; Corporate Parent Alembic Global Holding SA for Alembic Pharmaceuticals, Inc.; Corporate Parent Alembic Pharmaceuticals Limited for Alembic Global Holding S/A filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Mar 12, 2018 | 13 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by Bayer AG, Adverio Pharma GmbH, Bayer HealthCare Pharmaceuticals Inc.: For Alembic Global Holding S/A waiver sent on 2/2/2018, answer due 4/3/2018. (Tigan, Jeremy) |
| Mar 12, 2018 | 14 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by Bayer AG, Adverio Pharma GmbH, Bayer HealthCare Pharmaceuticals Inc.: For Alembic Pharmaceuticals Limited waiver sent on 2/2/2018, answer due 4/3/2018. (Tigan, Jeremy) |
| Feb 14, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Meg Fasulo, Adam K. Mortara, J. Scott McBride and Nevin M. Gewertz for Adverio Pharma GmbH 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. (nmg) |
| Jan 30, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] STIPULATION TO EXTEND TIME for Defendant INC Research, LLC to answer, move or otherwise respond to the Complaint to April 3, 2018 filed by INC Research, LLC. Signed by Judge Leonard P. Stark on 1/30/18. (ntl) |
| Jan 29, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [11] STIPULATION TO EXTEND TIME to Answer Complaint to April 3, 2018 filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 1/26/18. (ntl) |
| Jan 29, 2018 | 12 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendant INC Research, LLC to answer, move or otherwise respond to the Complaint to April 3, 2018 - filed by INC Research, LLC. (Dorsney, Kenneth) |
| Jan 24, 2018 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Dominick T. Gattuso on behalf of Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc. (Gattuso, Dominick) |
| Jan 24, 2018 | 11 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Answer Complaint to April 3, 2018 - filed by Alembic Global Holding S/A, Alembic Pharmaceuticals Limited, Alembic Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Jan 17, 2018 | 7 | Affidavit of Service (8) Docket Text: AFFIDAVIT of Service for Complaint, Summons, and related papers served on Alembic Pharmaceuticals Limited, c/o Ralph J. Gabric, Esq. on January 12, 2018, filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) Modified on 1/17/2018 (ntl). |
| Jan 17, 2018 | 8 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Bayer AG, Adverio Pharma GmbH, Bayer HealthCare Pharmaceuticals Inc.. Alembic Pharmaceuticals, Inc. served on 1/12/2018, answer due 2/2/2018. (Tigan, Jeremy) |
| Jan 17, 2018 | 9 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Bayer AG, Adverio Pharma GmbH, Bayer HealthCare Pharmaceuticals Inc.. INC Research, LLC served on 1/12/2018, answer due 2/2/2018. (Tigan, Jeremy) |
| Jan 12, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [6] MOTION for Pro Hac Vice Appearance of Attorney Adam K. Mortara, J. Scott McBride, Nevin M. Gewertz, and Meg E. Fasulo filed by Bayer HealthCare Pharmaceuticals Inc., Adverio Pharma GmbH, Bayer AG. Signed by Judge Leonard P. Stark on 1/12/18. (ntl) |
| Jan 10, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Jan 9, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Alembic Global Holding SA on 1/9/2018; Alembic Pharmaceuticals Limited on 1/9/2018; Alembic Pharmaceuticals, Inc. on 1/9/2018; INC Research, LLC on 1/9/2018. 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. (sar) |
| Jan 9, 2018 | 1 | Exhibit A (50) |
| Jan 9, 2018 | 1 | Civil Cover Sheet (1) |
| Jan 9, 2018 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) |
| Jan 9, 2018 | 3 | ANDA Form (1) Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: December 4,2017. Date of Expiration of Patent: July 16, 2019.Thirty Month Stay Deadline: 6/4/2020. (sar) |
| Jan 9, 2018 | 4 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,743,798 B1;. (sar) |
| Jan 9, 2018 | 5 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bayer AG for Adverio Pharma GmbH, Bayer HealthCare Pharmaceuticals Inc. filed by Adverio Pharma GmbH, Bayer HealthCare Pharmaceuticals Inc.. (sar) |
| Jan 9, 2018 | 6 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Adam K. Mortara, J. Scott McBride, Nevin M. Gewertz, and Meg E. Fasulo - filed by Adverio Pharma GmbH, Bayer AG, Bayer HealthCare Pharmaceuticals Inc.. (Tigan, Jeremy) |
| Jan 9, 2018 | 1 | Complaint* (1) |
