Case number 1:23-cv-00819
Astellas Pharma Inc. et al v. Lupin Ltd. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 6, 2025 | 435 | ORAL ORDER: The Court, having reviewed Plaintiffs' discovery dispute motion ("Motion"), (D.I. 394 in Civil Action No. 23-819-JFB-EGT, which is the docket the Court will cite to unless otherwise noted), and the briefing related thereto, (D.I. 393; D.I. 402; D.I. 403), hereby ORDERS as follows regarding Plaintiffs' request for a supplemental response to Interrogatory ("ROG") No. 22, via which Plaintiffs asked that the Zydus Defendants ("Zydus") describe "the parameters of any hypothetical negotiation(s) that Zydus contends would be relevant to the calculation of damages in this case, including the date such negotiation(s) would have taken place, the parties that would have been involved in the negotiation(s), and all relevant information that would have been considered by the parties at the time of the negotiation(s)[,]" (D.I. 393, ex. 2 at 7): (1) The Motion is GRANTED and Zydus shall provide a supplemental response to ROG No. 22 that substantively addresses the questions asked in narrative form, by no later than 14 days from today's date.; (2) Zydus has previously provided no substantive response to ROG No. 22, (D.I. 393 at 2), despite the fact that Plaintiffs had earlier provided fairly detailed damages contentions, which included Plaintiffs' view of "the hypothetical negotiation date, as well as granular detail related to several other Georgia-Pacific factors, and a long list of supporting documents[,]" (D.I. 403 at 1; see also id., ex. 4). Zydus' argument in oppositioni.e., that a request for such information should be denied because it "seeks disclosure of expert opinion[,]" (D.I. 402 at 2)--is wrong and in clear contravention of this Court's caselaw, see, e.g., IOENGINE, LLC v. PayPal Holdings, Inc., Civil Action No. 18-452-WCB, 2021 WL 12160836, at *2-3 (D. Del. Oct. 22, 2021) (cited in D.I. 393 at 2); Personal Audio, LLC v. Google LLC, Civil Action No. 17-1751-CFC-CJB, 2018 WL 4502002, at *1-2 (D. Del. Sept. 20, 2018) (cited in IOENGINE), which Zydus never addressed, even though Plaintiffs cited to such authority in their opening brief, (D.I. 393 at 2). See also MLC Intell. Prop., LLC v. Micron Tech., Inc., 10 F.4th 1358, 1371-72 (Fed. Cir. 2021).; and (3) Contrary to Zydus' position, (D.I. 402 at 2), it can provide narrative answers that addresses the categories of information sought by ROG No. 22, especially in light of Plaintiffs having provided prior discovery responses setting out their initial damages position. Ordered by Judge Christopher J. Burke on 5/6/2025. Associated Cases: 1:23-cv-00819-JFB-EGT, 1:20-cv-01589-JFB-EGT(mlc) (Entered: 05/06/2025) (0) |
| May 6, 2025 | 436 | ORAL ORDER: The Court, having reviewed Plaintiffs' discovery dispute motion ("Motion"), (D.I. 394 in Civil Action No. 23-819-JFB-EGT, which is the docket the Court will cite to unless otherwise noted), and the briefing related thereto, (D.I. 393; D.I. 402; D.I. 403), hereby ORDERS as follows regarding the remaining disputed portions of the Motion: (1) With regard to Plaintiffs' request that Zydus designate a witness to testify regarding the full scope of Topic Nos. 16-17, 31-32 and 35-36, the request is GRANTED and the parties shall meet and confer promptly to discuss logistics relating to such further testimony. There is no real dispute that these topics are relevant to the case, that a Rule 30(b)(6) witness has not previously been designated on them, and that Plaintiffs have not previously asked questions of any Zydus corporate witness with these topics in mind. (D.I. 403 at 1) Nor is the record clear enough for the Court to conclude that a previously-deposed Rule 30(b)(6) corporate witness has provided all of the information that Zydus has on these subjects in response to questions about other topics. If it is true that Zydus does not have too much to add on these topics in a further deposition, then that just means that Zydus' witness will say what he or she can under oath, and that the deposition will probably be on the shorter side. (Id.); (2) With regard to Plaintiffs' request that Zydus designate a witness to testify regarding the full scope of Topic Nos. 33 and 34, it is DENIED. The Court agrees with Zydus that these topics, as written, are contention topics, as to a great degree they do not seek factual details about past events but instead ask for Zydus' position on legal issues (since they ask Zydus to explain its "understanding" of the meaning of certain FDA legal guidance documents, and how one such document "relates" to another). (D.I. 393, ex. 8 at paras. 15-16); see also Medicis Pharm. Corp. v. Actavis Mid Atlantic LLC, Civil Action No. 11-409-LPS-CJB, D.I. 242 at 43-44 (D. Del. Oct. 19, 2012); Alloc, Inc. v. Unilin Decor N.V., No. 02-C-1266, 2006 WL 2527656, at *2 (E.D. Wis. Aug. 29, 2006).; and (3) Because the resolution of the discovery disputes at play in the Motion was not entirely one-sided, the Court will not impose an order of fees and costs pursuant to Fed. R. Civ. P. 37 (though the Court notes that Zydus' response on the ROG No. 22 issue had little merit, which may be relevant to any decision in the future regarding a Rule 37 issue). (See D.I. 388) Ordered by Judge Christopher J. Burke on 5/6/2025. Associated Cases: 1:23-cv-00819-JFB-EGT, 1:20-cv-01589-JFB-EGT(mlc) (Entered: 05/06/2025) (0) |
| May 5, 2025 | 434 | NOTICE of Change of Address by John C. Phillips, Jr (Phillips, John) (Entered: 05/05/2025) (2) |
| Feb 14, 2025 | 433 | ORAL ORDER - Plaintiffs' Motion to Seal and to Redact Portions of the January 16, 2025 Discovery Dispute Transcript (D.I. 669 in 20-1589-JFB-EGT, D.I. 141 in 23-486-JFB-EGT, D.I. 70 in 23-689-JFB-EGT, D.I. 420 in 23-819-JFB-EGT, D.I. 31 in 24-939-JFB-EGT, D.I. 30 in 24-940-JFB-EGT, D.I. 27 in 24-1068-JFB-EGT, D.I. 29 in 24-1069-JFB-EGT, D.I. 31 in 24-1084-JFB-EGT) is DENIED. The teleconference was open to the public and Plaintiffs did not request that the teleconference be sealed at any point. Plaintiffs also did not inquire as to whether any members of the public were on the line before stating that which they now seek to keep confidential. The Court is also not persuaded that the information sought to be redacted would work a clearly defined and serious competitive injury to Plaintiffs. See In re Avandia Marketing, Sales Practices & Products Liability Litigation, 924 F.3d 662, 672-73 (3d Cir. 2019). Indeed, Plaintiffs have not even attempted to make the requisite showing of harm with specificity, instead relying on broad and generic allegations of harm. More is needed to overcome the right of public access to judicial proceedings and records. ORDERED by Judge Eleanor G. Tennyson on 2/14/2025. Associated Cases: 1:20-cv-01589-JFB-EGT et al. (lah) (Entered: 02/14/2025) (0) |
| Feb 3, 2025 | 430 | NOTICE OF SERVICE of (1) Plaintiffs' Amended Rule 26(a)(1) Initial Disclosures for Litigation Involving U.S. Patent Nos. 10,842,780, 11,707,451, 12,059,409, and 12,097,189, (2) Plaintiffs' Third Supplemental Objections and Responses to Defendants' Joint Interrogatories Nos. 4-5, (3) Plaintiffs' Initial Infringement Charts, and (4) Plaintiffs' Supplemental Infringement Charts filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Silver, Daniel) (Entered: 02/03/2025) (6) |
| Feb 3, 2025 | 431 | NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Second Amended Fed. R. Civ. P. 26(a)(1) Initial Disclosures filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited.(Stombaugh, Alexis) (Entered: 02/03/2025) (3) |
| Feb 3, 2025 | 432 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Third Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 02/03/2025) (3) |
| Jan 30, 2025 | 427 | MOTION for Pro Hac Vice Appearance of Attorney Mythili Markowski, Ph.D. - filed by Zydus Pharmaceuticals (USA), Inc., Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. Motions referred to Eleanor G. Tennyson.(Stombaugh, Alexis) (Entered: 01/30/2025) (6) |
| Jan 30, 2025 | 428 | Pro Hac Vice Fee - Credit Card Payment received for Mythili Markowski, Ph.D.. ( re 427 MOTION for Pro Hac Vice Appearance of Attorney Mythili Markowski, Ph.D. )( Payment of $ 50, receipt number ADEDC-4603501).(Stombaugh, Alexis) (Entered: 01/30/2025) (0) |
| Jan 30, 2025 | 429 | REDACTED VERSION of (420 in 1:23-cv-00819-JFB-EGT, 141 in 1:23-cv-00486-JFB-EGT, 31 in 1:24-cv-01084-JFB-EGT, 31 in 1:24-cv-00939-JFB-EGT, 29 in 1:24-cv-01069-JFB-EGT, 30 in 1:24-cv-00940-JFB-EGT, 669 in 1:20-cv-01589-JFB-EGT, 27 in 1:24-cv-01068-JFB-EGT, 70 in 1:23-cv-00689-JFB-EGT) Unopposed MOTION to Redact (29 in 1:24-cv-01084-JFB-EGT) Transcript,, (27 in 1:24-cv-01069-JFB-EGT) Transcript,, (25 in 1:24-cv-01068-JFB-EGT) Transcript,, (665 in 1:20-cv-01589-JFB-EGT) Transcript,, (28 in 1:24-cv-00940-JFB-EGT) Transcript,, (41 by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. (Joyce, Alexandra) (Entered: 01/30/2025) (30) |
| Jan 29, 2025 | 426 | SUPPLEMENTAL SCHEDULING ORDER - Joinder of Parties due by 4/4/2025. Amended Pleadings due by 4/4/2025. Fact Discovery completed by 5/19/2025. Opening Expert Reports due by 6/13/2025. Rebuttal Expert Reports due by 7/11/2025. Reply Expert Reports due by 8/4/2025. Expert Discovery due by 9/5/2025. Dispositive Motions due by 9/19/2025. Answering Brief due 10/17/2025. Reply Brief due 10/31/2025. Claim Construction Opening Brief due by 3/11/2025. Claim Construction Answering Brief due by 4/1/2025. Claim Construction Reply Brief due by 4/15/2025. Joint Claim Construction Brief due by 5/2/2025. Pretrial Order due by 1/19/2026. A Markman Hearing is set for 5/16/2025 at 09:00 AM in Courtroom 6A before Judge Joseph F. Bataillon. A Final Pretrial Conference is set for 1/26/2026 at 09:00 AM in Courtroom 2B before Judge Eleanor G. Tennyson. A 7-day Jury Trial is set for 2/9/2026 at 09:30 AM, with the subsequent trial days beginning at 09:00 AM, in a Courtroom to be determined before Judge Joseph F. Bataillon. Signed by Judge Eleanor G. Tennyson on 1/29/2025. Associated Cases: 1:20-cv-01589-JFB-EGT et al. (lah) (Entered: 01/29/2025) (17) |
| Jan 28, 2025 | 422 | ORAL ORDER - IT IS HEREBY ORDERED that, by close of business TODAY, the parties are to submit a proposed form of scheduling order without disputes or arguments in footnotes and consistent with the following rulings. The Court is adopting Plaintiffs' proposed dates for Paragraphs 7(c) & (d) (final non-infringement and validity contentions due by May 19, 2025), 8(a) (fact discovery due by May 19, 2025) and 8(g)(i) (opening expert reports due by June 13, 2025). The Court is adopting Defendants' proposed dates for Paragraphs 2 (deadline to join parties / amend pleadings is April 4, 2025) and 14(a) (dispositive motions and Daubert due by September 19, 2025, opposition due by October 17, 2025 and replies due by October 31, 2025). The Court is rejecting Plaintiffs' proposals in Paragraph 2 (requiring good cause to amend), Paragraph 3(d) (requiring good cause to re-depose), Paragraphs 7(d), 8(g)(ii) and 14(a) (explicitly limiting scope of contentions, expert reports and dispositive motions), as well as in Paragraph 12 (requiring single joint claim construction brief across all cases). The Court is adopting Defendants' proposal in Paragraph 3(d). Each side may have five (5) additional common requests for production (Paragraph 8(c)) and five (5) additional common and individual interrogatories (Paragraphs 8(e)(i) and (ii)). ORDERED by Judge Eleanor G. Tennyson on 1/28/2025. Associated Cases: 1:20-cv-01589-JFB-EGT et al. (lah) (Entered: 01/28/2025) (0) |
| Jan 28, 2025 | 423 | MOTION for Pro Hac Vice Appearance of Attorney Joseph R. Re - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Certification of Joseph R. Re)Motions referred to Eleanor G. Tennyson.(Haney, Megan) (Entered: 01/28/2025) (0) |
| Jan 28, 2025 | 424 | Pro Hac Vice Fee - Credit Card Payment received for Joseph R. Re. ( re 423 MOTION for Pro Hac Vice Appearance of Attorney Joseph R. Re )( Payment of $ 50, receipt number ADEDC-4601115).(Haney, Megan) (Entered: 01/28/2025) (0) |
| Jan 28, 2025 | 425 | PROPOSED ORDER Supplemental Scheduling Order re (32 in 1:24-cv-00940-JFB-EGT, 678 in 1:20-cv-01589-JFB-EGT, 33 in 1:24-cv-00939-JFB-EGT, 31 in 1:24-cv-01069-JFB-EGT, 422 in 1:23-cv-00819-JFB-EGT, 29 in 1:24-cv-01068-JFB-EGT) Oral Order,,,,, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 01/28/2025) (17) |
| Jan 24, 2025 | 421 | PROPOSED ORDER Supplemental Scheduling Order [with bracketed disputes] by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 01/24/2025) (21) |
| Jan 23, 2025 | 418 | Official Transcript of Teleconference held on 01/16//25 before Judge Eleanor G. Tennyson. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. 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 2/13/2025. Redacted Transcript Deadline set for 2/24/2025. Release of Transcript Restriction set for 4/23/2025. (Triozzi, Heather) (Entered: 01/23/2025) (45) |
| Jan 23, 2025 | 419 | NOTICE of Intent to Request Redaction by Daniel M. Silver re (29 in 1:24-cv-01084-JFB-EGT) Transcript,, (27 in 1:24-cv-01069-JFB-EGT) Transcript,, (25 in 1:24-cv-01068-JFB-EGT) Transcript,, (665 in 1:20-cv-01589-JFB-EGT) Transcript,, (28 in 1:24-cv-00940-JFB-EGT) Transcript,, (418 in 1:23-cv-00819-JFB-EGT) Transcript,, (68 in 1:23-cv-00689-JFB-EGT) Transcript,, (29 in 1:24-cv-00939-JFB-EGT) Transcript,, (139 in 1:23-cv-00486-JFB-EGT) Transcript,, (Silver, Daniel) (Entered: 01/23/2025) (4) |
| Jan 23, 2025 | 420 | [SEALED] Unopposed MOTION to Redact (29 in 1:24-cv-01084-JFB-EGT) Transcript,, (27 in 1:24-cv-01069-JFB-EGT) Transcript,, (25 in 1:24-cv-01068-JFB-EGT) Transcript,, (665 in 1:20-cv-01589-JFB-EGT) Transcript,, (28 in 1:24-cv-00940-JFB-EGT) Transcript,, (418 in 1:23-cv-00819-JFB-EGT) Transcript,, (68 in 1:23-cv-00689-JFB-EGT) Transcript,, (29 in 1:24-cv-00939-JFB-EGT) Transcript,, (139 in 1:23-cv-00486-JFB-EGT) Transcript,, - filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order, # 4 Certificate of Service)Motions referred to Eleanor G. Tennyson.(Silver, Daniel) (Entered: 01/23/2025) (0) |
| Jan 22, 2025 | 417 | STIPULATION TO EXTEND TIME the deadline for the parties to submit revised case schedules to January 24, 2025 - filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. (Silver, Daniel) (Entered: 01/22/2025) (4) |
| Jan 21, 2025 | 416 | NOTICE OF SERVICE of Lupin Limited and Lupin Pharmaceuticals, Inc.'s Fifth Set of Requests for Production of Documents and Things (No. 10) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 01/21/2025) (3) |
| Jan 17, 2025 | 415 | NOTICE OF SERVICE of Plaintiffs' First Amended Initial Disclosures Identifying Defendants' Accused Products and Plaintiffs' Asserted Patents filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Silver, Daniel) (Entered: 01/17/2025) (5) |
| Jan 13, 2025 | 412 | MOTION for Pro Hac Vice Appearance of Attorney Scott P. Clark - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. Motions referred to Eleanor G. Tennyson.(Stombaugh, Alexis) (Entered: 01/13/2025) (6) |
| Jan 13, 2025 | 413 | Pro Hac Vice Fee - Credit Card Payment received for Scott P. Clark. ( re 412 MOTION for Pro Hac Vice Appearance of Attorney Scott P. Clark )( Payment of $ 50, receipt number ADEDC-4588916).(Stombaugh, Alexis) (Entered: 01/13/2025) (0) |
| Jan 13, 2025 | 414 | ORAL ORDER - IT IS HEREBY ORDERED that a Telephonic Scheduling Conference is set for 1/16/2025 at 11:00 AM before Judge Eleanor G. Tennyson. Counsel shall provide a dial-in number for the teleconference by emailing egt_civil@ded.uscourts.gov. ORDERED by Judge Eleanor G. Tennyson on 1/13/2025. Associated Cases: 1:20-cv-01589-JFB-EGT et al. (lah) (Entered: 01/13/2025) (0) |
| Jan 10, 2025 | 411 | NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's First Supplemental Objections and Responses to Plaintiffs' First Set of Interrogatories to Zydus (Nos. 1-2); 2) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's First Supplemental Objections and Responses to Plaintiffs' Third Set of Interrogatories to Zydus (Nos. 4-10); and 3) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's First Supplemental Objections and Responses to Plaintiffs' First Set of Requests to Zydus for the Production of Documents And Things (Nos. 1-7). filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited.(Siew, Jennifer) (Entered: 01/10/2025) (3) |
| Jan 7, 2025 | 409 | REDACTED VERSION of 403 Letter, by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. (Joyce, Alexandra) (Entered: 01/07/2025) (30) |
| Jan 7, 2025 | 410 | Letter to The Honorable Joseph F. Bataillon and The Honorable Eleanor G. Tennyson from Astellas, Zydus, and Lupin regarding Case Schedule - re (19 in 1:24-cv-01068-JFB-EGT, 20 in 1:24-cv-00940-JFB-EGT, 17 in 1:24-cv-01069-JFB-EGT, 24 in 1:24-cv-00939-JFB-EGT) Oral Order,,,,, (652 in 1:20-cv-01589-JFB-EGT) Order,,,,. (Attachments: # 1 Attachment A (Schedule))(Silver, Daniel) (Entered: 01/07/2025) (0) |
| Jan 6, 2025 | 408 | ORAL ORDER: IT IS HEREBY ORDERED that this case is hereinafter referred to Magistrate Judge Eleanor G. Tennyson to hear and resolve all future pre-trial matters up to and including expert discovery matters, but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference, subject to 28 U.S.C. § 636(b). Signed by Judge Joseph F. Bataillon on 1/6/25. (AEV) (Entered: 01/06/2025) (0) |
| Jan 2, 2025 | 406 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Supplemental Responses to Plaintiffs' First Set of Interrogatories (No. 2); Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Supplemental Responses to Plaintiffs' Third Set of Interrogatories (No. 9); and Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents and Things Nos. (2 and 5) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 01/02/2025) (3) |
| Jan 2, 2025 | 407 | STIPULATION TO EXTEND TIME for Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited to provide discovery responses pursuant to the Court's Oral Orders (D.I. 395, 396) to January 9, 2025 - filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited. (Stombaugh, Alexis) (Entered: 01/02/2025) (2) |
| Dec 31, 2024 | 405 | NOTICE of Change of Firm Affiliation of Certain Pro Hac Vice Counsel by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited (Stombaugh, Alexis) (Entered: 12/31/2024) (4) |
| Dec 30, 2024 | 403 | [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding Plaintiffs' Reply Letter in Support of its Letter Regarding Discovery Disputes - re 393 Letter. (Attachments: # 1 Exhibits 1-5, # 2 Certificate of Service)(Silver, Daniel) (Entered: 12/30/2024) (0) |
| Dec 30, 2024 | 404 | REDACTED VERSION of 402 Letter, by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited. (Attachments: # 1 Exhibit 1 - 6)(Stombaugh, Alexis) (Entered: 12/30/2024) (0) |
| Dec 23, 2024 | 401 | REDACTED VERSION of 393 Letter by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. (Joyce, Alexandra) (Entered: 12/23/2024) (30) |
| Dec 23, 2024 | 402 | [SEALED] Letter to The Honorable Christopher J. Burke from Alexis N. Stombaugh regarding Zydus's Opposition to Discovery Dispute Letter - re 393 Letter. (Attachments: # 1 Exhibit 1 - 6)(Stombaugh, Alexis) (Attachment 1 replaced on 12/27/2024) (smg). (Entered: 12/23/2024) (0) |
| Dec 21, 2024 | 400 | STIPULATION and [Proposed] Order to Amend the Case Schedule (and Extend Fact Discovery to January 24, 2025) by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 12/21/2024) (3) |
| Dec 20, 2024 | 397 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Lupin Limited and Lupin Pharmaceuticals, Inc.'s Second Set of Interrogatories (No. 2-3), (2) Plaintiffs' Corrected Objections and Responses to Lupin Limited and Lupin Pharmaceuticals, Inc.'s First Set of Interrogatories (No. 1), and (3) Plaintiffs' Corrected Objections and Responses to Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Second Set of Interrogatories (No. 2) filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Silver, Daniel) (Entered: 12/20/2024) (4) |
| Dec 20, 2024 | 398 | NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' Fifth Set of Interrogatories to Zydus (Nos. 24-25) filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited.(Stombaugh, Alexis) (Entered: 12/20/2024) (2) |
| Dec 20, 2024 | 399 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Response to Plaintiffs' Third Set of Request for the Production of Documents and Things (No. 23) and Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Response to Plaintiffs' Fifth Set of Interrogatories (Nos. 23-24) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 12/20/2024) (3) |
| Dec 19, 2024 | 395 | ORAL ORDER: The Court, having reviewed Plaintiffs’ discovery dispute motion (“Motion”), (D.I. 294 ), and the briefing related thereto, (D.I. 295 ; D.I. 301 ; D.I. 307 ), hereby ORDERS as follows regarding the disputes over Plaintiffs’ RFP No. 1 to Defendants Lupin Ltd. and Lupin Pharmaceuticals, Inc. (collectively “Lupin”) and RFP Nos. 1 and 4 and ROG No. 6 to Defendants Zydus Lifesciences Limited and Zydus Pharmaceuticals (USA) Inc. (collectively “Zydus”): (1) With regard to the dispute over RFP No. 1 to Lupin and RFP No. 1 to Zydus, (see D.I. 295 , ex. F at 6-7; id., ex. G at 2), as to which Plaintiffs seek a “‘copy of the sealed portions of the preliminary injunction hearing transcript held on March 19, 2024,’ which relate[s] to Defendants’ ex parte communication with the Court” regarding Defendants’ then-plans for the launch of their generic drug products, (D.I. 295 at 1), the request is DENIED. During the preliminary injunction hearing, Plaintiffs agreed that it was appropriate for certain conversations between the respective Defendants and the Court to be ex parte in light of the fact that in the conversations, Defendants would be required to share certain information with the Court that—were it also shared with Plaintiffs—could arguably raise certain antitrust-related concerns. (D.I. 198 at 386-87) And when the Court concluded that these ex parte conversations could occur, it explicitly relied in part on the fact that Plaintiffs had told the Court that they did not object. (Id. at 387; see id. at 386 (Plaintiffs’ counsel stating, “from [P]laintiffs’ perspective, we would be comfortable with [the Court talking to each set of respective Defendants ex parte]” and “that might be the best path forward[.]”)). Had Plaintiffs not agreed that these ex parte conversations could occur, the Court may well not have had the conversations with Defendants in the first place. And because Plaintiffs had no objection at the time, Defendants’ counsel/representatives may well have shared information with the Court in those conversations that they never would have shared if they had thought that Plaintiffs might one day seek to obtain a transcript of the discussions. Under the circumstances at play here, it would be inequitable to permit Plaintiffs to have lulled Defendants into a false sense of security by agreeing that the conversations at issue could be ex parte, and then to later allow Plaintiffs to withdraw that agreement in light of subsequent case events. (D.I. 301 at 1); see also Nielsen Co. (US), LLC v. TVision Insights, Inc., Civil Action No. 22-057-CJB, D.I. 177 (D. Del. Mar. 8, 2024) (“Litigating parties, represented by able patent counsel, are expected to uphold the agreements they make during a case, and theCourt should ordinarily (absent extreme circumstances not present [h]ere) enforce such agreements.”) (citing cases); cf. In re Prudential Ins. Co. Am. Sales Prac. Litig. Agent Actions, 278 F.3d 175, 182 n.5 (3d Cir. 2002).; and (2) For the reasons Plaintiffs state, the remaining disputed information that they seek as to RFP No. 1 from Zydus regarding Zydus’s accused ANDA product, (D.I. 295 at 2), as well as with regard to RFP No. 4 (regarding marketing and pricing information) and ROG No. 6 (regarding drug sales information) to Zydus, (D.I. 295 , ex. G at 3; id., ex. K at 2), appears relevant to infringement, invalidity and damages, (D.I. 307 at 1 (citing cases)). The Court is in no position to determine that, as Zydus suggests, (D.I. 301 at 2), the cost or burden to produce any such documents at issue or provide any such information would be disproportionate to the needs of the case (since the Court has not been given any relevant information that would substantiate such a claim). These requests of Plaintiffs are thus GRANTED and Zydus should produce/provide information relating to the requests by 14 days from today’s date, absent further Court order to the contrary. Ordered by Judge Christopher J. Burke on 12/19/2024. (smg) (Entered: 12/19/2024) (0) |
| Dec 19, 2024 | 396 | ORAL ORDER: The Court, having reviewed Plaintiffs’ discovery dispute motion (“Motion”), (D.I. 294 ), and the briefing related thereto, (D.I. 295 ; D.I. 301 ; D.I. 307 ), hereby ORDERS as follows regarding Plaintiffs’ RFPs No. 2 and 5 to Defendants, ROGs No. 2 and 9 to Defendants and ROG No. 1 to Zydus: (1) With regard to RFPs No. 2 and 5 to Defendants and ROGs No. 2 and 9 to Defendants, (see D.I. 295 , ex. A at 5; id., ex. C at 5; id., ex. F at 8, 11; id., ex. G at 2-3; id., ex. I at 3; id., ex. K at 2), which all broadly relate to Defendants’ decision to develop, make, sell or launch their ANDA products and steps Defendants have taken in preparation to sell, offer to sell or import those products, Plaintiffs’ requests are GRANTED-IN-PART and DENIED-IN-PART. The requests are likely overbroad, as not all documents (for example) relating to launch plans or all steps taken in preparation for launch are going to be relevant here. (D.I. 301 at 2-3) But to the extent that the documents/information at issue relate to the particular categories of information that Plaintiffs set out more specifically in their opening letter brief—i.e. documents/information regarding Defendants’ “reasons for wanting to make a generic copy” of Plaintiffs’ product, or relating to Defendants’ discussion of “market share, costs, and potential profits” prior to launch, or Defendants’ offers to sell its product or their “market[ing of the] generic product prior to” its launch—then Plaintiffs sufficiently explained how such documents/information could be relevant to their case. (D.I. 295 at 2-3) Defendants shall respond to these requests, by providing documents or information relating to those above-referenced particular categories of subject matter, by no later than 14 days from today’s date, absent further order of the Court.; (2) To the extent that Plaintiffs raise an issue with Defendants’ failure to agree to a deadline by which Defendants will advise as to whether they will assert an advice of counsel defense, (D.I. 295 at 3), the Court is unsure how such a request is tied to the particular RFPs or ROGs that are in dispute here, (see D.I. 290 ). And so it will not address the issue further now. The Court encourages the parties to further discuss the issue and try to come to an agreement.; and (3) With regard to ROG No. 1 to Zydus, which asks for information about batches of Zydus’ ANDA product that have been manufactured, the issue appears to be that the manufacture has occurred overseas. (D.I. 295 at 3; D.I. 301 at 3) Though that manufacturing may not itself amount to U.S.-based infringement, it seems to the Court that it still could be relevant to claims for U.S.-based infringement (i.e., to the extent that the manufacturing in turn relates to future U.S.-based sales or offers for sale or importation of that same product). (D.I. 307 at 1 (“Information relating to manufacturing a product outside the U.S. is relevant to the amount of product Zydus might import/sell in the U.S.”)) And so the Court GRANTS the request and Zydus shall respond to the ROG no later than 14 days from today’s date, absent further order of the Court. Ordered by Judge Christopher J. Burke on 12/19/2024. (smg) (Entered: 12/19/2024) (0) |
| Dec 16, 2024 | 392 | NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' Fourth Set of Interrogatories to Zydus (Nos. 11-23); and 2) Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's First Amended Fed. R. Civ. P. 26(a)(1) Initial Disclosures filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited.(Stombaugh, Alexis) (Entered: 12/16/2024) (2) |
| Dec 16, 2024 | 393 | [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Discovery Dispute - re 388 Oral Order,,,,,,,,,,. (Attachments: # 1 Exhibit 1-10, # 2 Certificate of Service)(Silver, Daniel) (Entered: 12/16/2024) (0) |
| Dec 16, 2024 | 394 | MOTION to Resolve Discovery Dispute re 393 Letter - filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 12/16/2024) (2) |
| Dec 13, 2024 | 390 | MOTION for Pro Hac Vice Appearance of Attorney Grant Rigdon - filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. (Attachments: # 1 Certification for Grant Rigdon)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 12/13/2024) (0) |
| Dec 13, 2024 | 391 | Pro Hac Vice Fee - Credit Card Payment received for Grant Rigdon. ( re 390 MOTION for Pro Hac Vice Appearance of Attorney Grant Rigdon )( Payment of $ 50, receipt number ADEDC-4569933).(Silver, Daniel) (Entered: 12/13/2024) (0) |
| Dec 11, 2024 | 389 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Third Set of Requests for Production (Nos. 3-9) and (2) Plaintiffs' Objections and Responses to Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Second Set of Interrogatories (No. 2) filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Silver, Daniel) (Entered: 12/11/2024) (3) |
| Dec 10, 2024 | 388 | ORAL ORDER: The Court, having reviewed the parties’ December 6, 2024 letter regarding Plaintiffs’ discovery disputes, (D.I. 384 ), hereby ORDERS as follows: (1) With this letter, this is the fifth time the parties have sought review of bifurcation-related or discovery-related disputes that the parties could not resolve between themselves. (D.I. 73 ; D.I. 242 ; D.I. 294 ; D.I. 296 ; D.I. 384 ) Understanding that the parties have met and conferred three times regarding this new dispute, (D.I. 384 ), the Court will not order that they do so again. But the parties should be aware that in resolving the dispute, in light of the case history referenced above, the Court will consider whether an award of reasonable expenses, including attorney’s fees, should be made to the prevailing side, pursuant to Fed. R. Civ. P. 37(a)(5).; (2) By December 16, 2024, Plaintiffs shall file with the Court a Motion To Resolve Discovery Dispute.;(3) By December 16, 2024, Plaintiffs shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and their position on those issues.; (4) By December 23, 2024, Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited (collectively “Zydus”) may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the reasons for their opposition.; (5) By December 30, 2024, Plaintiffs shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (7) The Court will plan to resolve the disputes on the papers, unless: (a) it determines after reviewing the briefing that oral argument is needed; or (b) any party advises the Court in advance that, were argument to be set, a newer attorney will argue the dispute(s), see Standing Order Regarding Courtroom Opportunities for Newer Attorneys,https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf. If either of those circumstances occurs, then the Court will schedule oral argument on the dispute(s) in the future.Ordered by Judge Christopher J. Burke on 12/10/2024. (Entered: 12/10/2024) (0) |
| Dec 9, 2024 | 385 | NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Responses to Defendants' Joint Interrogatories (Nos. 4-5) filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Joyce, Alexandra) (Entered: 12/09/2024) (4) |
| Dec 9, 2024 | 386 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Lupin Limited and Lupin Pharmaceuticals, Inc.'s First Set of Interrogatories (No. 1), (2) Plaintiffs' Objections and Responses to Lupin Limited and Lupin Pharmaceuticals, Inc.'s Fourth Set of Requests for Production (No. 7-9), (3) Plaintiffs' Objections and Responses to Defendants' Joint Fourth Set of Interrogatories (Nos. 16-18), (4) Plaintiffs' First Supplemental Objections and Responses to Defendants' Joint Third Set of Interrogatories (Nos. 6-15), and (5) Plaintiffs' Second Amended Rule 26(a)(1) Initial Disclosures for Litigation Involving U.S. Patent No. 11,707,451 filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Joyce, Alexandra) (Entered: 12/09/2024) (4) |
| Dec 9, 2024 | 387 | NOTICE to Take Deposition of Anne Shemon Bell on December 11, 2024 filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited.(Stombaugh, Alexis) (Entered: 12/09/2024) (4) |
| Dec 6, 2024 | 384 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding request for the scheduling of a discovery dispute teleconference. (Silver, Daniel) (Entered: 12/06/2024) (2) |
| Dec 4, 2024 | 381 | NOTICE OF SERVICE of (1) Lupin's Supplemental Objections and Response to Plaintiffs' First Set of Interrogatories (No. 1); (2) Lupin's Supplemental Response to Plaintiffs' Third Set of Interrogatories (Nos. 4 and 8); and (3) Lupin's Supplemental Response to Plaintiffs' Fourth Set of Interrogatories (Nos. 12, 18, 20, 21) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 12/04/2024) (3) |
| Dec 4, 2024 | 382 | MOTION for Pro Hac Vice Appearance of Attorney Michael DelRossi - filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc.. (Attachments: # 1 Certification for Michael DelRossi)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 12/04/2024) (0) |
| Dec 4, 2024 | 383 | Pro Hac Vice Fee - Credit Card Payment received for Michael DelRossi. ( re 382 MOTION for Pro Hac Vice Appearance of Attorney Michael DelRossi )( Payment of $ 50, receipt number ADEDC-4562306).(Silver, Daniel) (Entered: 12/04/2024) (0) |
| Nov 25, 2024 | 380 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Supplemental Notice of Deposition to Plaintiffs Astellas Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Joyce, Alexandra) (Entered: 11/25/2024) (4) |
| Nov 20, 2024 | 377 | NOTICE OF SERVICE of Plaintiffs' Fifth Set of Interrogatories to Defendants filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Joyce, Alexandra) (Entered: 11/20/2024) (4) |
| Nov 20, 2024 | 378 | NOTICE OF SERVICE of Defendants' Notice of Subpoena to Mark Daniel Schwitzenberg and Lupin Limited and Lupin Pharmaceuticals Inc.'s Second Set of Interrogatories (Nos. 2-3) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 11/20/2024) (3) |
| Nov 20, 2024 | 379 | NOTICE OF SERVICE of Plaintiffs' Third Set of Requests to Lupin for the Production of Documents and Things (No. 23) filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Joyce, Alexandra) (Entered: 11/20/2024) (3) |
| Nov 14, 2024 | 375 | NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's First Amended Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited.(Stombaugh, Alexis) (Entered: 11/14/2024) (2) |
| Nov 14, 2024 | 376 | NOTICE to Take Deposition of Kevin Green on December 12, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 11/14/2024) (2) |
| Nov 13, 2024 | 371 | NOTICE OF SERVICE of Plaintiffs' Second Supplemental Objections and Responses to Defendants' First Set of Joint Interrogatories (Nos. 1-2) filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Silver, Daniel) (Entered: 11/13/2024) (4) |
| Nov 13, 2024 | 372 | MOTION for Pro Hac Vice Appearance of Attorney Yanna S. Bouris - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Certification of Yanna S. Bouris)Motions referred to Christopher J. Burke.(Haney, Megan) (Entered: 11/13/2024) (0) |
| Nov 13, 2024 | 373 | Pro Hac Vice Fee - Credit Card Payment received for Yanna S. Bouris. ( re 372 MOTION for Pro Hac Vice Appearance of Attorney Yanna S. Bouris )( Payment of $ 50, receipt number ADEDC-4547024).(Haney, Megan) (Entered: 11/13/2024) (0) |
| Nov 13, 2024 | 374 | NOTICE requesting Clerk to remove Ashley Cade as co-counsel.. (Silver, Daniel) (Entered: 11/13/2024) (3) |
| Nov 12, 2024 | 369 | NOTICE OF SERVICE of Plaintiffs' Supplemental Infringement Charts to Defendants filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Silver, Daniel) (Entered: 11/12/2024) (4) |
| Nov 12, 2024 | 370 | NOTICE OF SERVICE of Defendants' Supplemental Joint Invalidity Contentions filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 11/12/2024) (3) |
| Nov 11, 2024 | 367 | NOTICE to Take Deposition of Anuj Saini on November 21, 2024 filed by Astellas Pharma Inc., Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc..(Silver, Daniel) (Entered: 11/11/2024) (3) |
| Nov 11, 2024 | 368 | NOTICE OF SERVICE of 1) Zydus's Second Set of Interrogatories to Plaintiffs (No. 2); and 2) Zydus's Third Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 3-9) filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited.(Stombaugh, Alexis) (Entered: 11/11/2024) (2) |
| Nov 8, 2024 | 366 | NOTICE OF SERVICE of (1) Defendants' Supplemental Notice of Deposition to Plaintiffs Astellas Pursuant to Fed. R. Civ. P. 30(6)(6); (2) Defendants' Joint Fourth Set of Interrogatories (Nos. 16-18); (3) Lupin Limited and Lupin Pharmaceuticals, Inc.'s First Set of Interrogatories (No. 1); and (4) Lupin Limited and Lupin Pharmaceuticals, Inc.'s Fourth Set of Requests for Production of Documents and Things (Nos. 7-9) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 11/08/2024) (3) |
| Nov 5, 2024 | 365 | NOTICE OF SERVICE of Plaintiffs' First Amended Rule 26(a)(1) Initial Disclosures for Litigation Involving U.S. Patent No. 11,707,451 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 11/05/2024) (4) |
| Nov 1, 2024 | 364 | STIPULATION TO EXTEND TIME for the parties to serve supplemental contentions to November 12, 2024 - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan) (Entered: 11/01/2024) (3) |
| Oct 30, 2024 | 362 | MEMORANDUM AND ORDER: The Parties Motions for Claim Construction (D.I. 110 and D.I. 111 ) are GRANTED. (See Order for further details.) Ordered by Judge Joseph F. Bataillon on 10/30/2024. (vfm) (Entered: 10/30/2024) (32) |
| Oct 30, 2024 | 363 | NOTICE OF SERVICE of Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' Notice of Deposition of Defendant Zydus Under Federal Rule of Civil Procedure 30(b)(6) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 10/30/2024) (2) |
| Oct 28, 2024 | 361 | STIPULATION and [Proposed] Order Regarding Sample Chain of Custody by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 10/28/2024) (4) |
| Oct 24, 2024 | 360 | NOTICE OF SERVICE of (1) Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Responses to Plaintiffs' Fourth Set of Interrogatories (Nos. 11-22); (2) Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Responses to Plaintiffs' First Set of Requests for Admission (Nos. 1-15); and (3) Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Responses to Plaintiffs' [sic] Second Set of Requests for Production of Documents and Things (Nos. [sic] 8-22) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 10/24/2024) (3) |
| Oct 23, 2024 | 358 | NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' Second Set of Requests to Zydus for the Production of Documents and Things (Nos. 8-23); 2) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' Fourth Set of Interrogatories to Zydus (Nos. 11-23); and 3) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' First Set of Requests for Admission to Zydus (Nos. 1-15) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 10/23/2024) (2) |
| Oct 23, 2024 | 359 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Lupin Limited and Lupin Pharmaceuticals, Inc.'s Third Set of Requests for Production (Nos. 3-6), (2) Plaintiffs' First Supplemental Objections and Responses to Defendants' Joint Interrogatories (Nos. 4-5), (3) Plaintiffs' Objections and Responses to Defendants' Joint Third of Interrogatories (Nos. 6-15), (4) Plaintiffs' Objections and Responses to Defendants' Joint Third Set of Requests for Production (Nos. 13-25) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 10/23/2024) (4) |
| Oct 22, 2024 | 357 | SO ORDERED, D.I. 355 Stipulation and Order to Amend the Case Schedule filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. (Fact Discovery completed by 12/20/2024, Opening Expert Reports due by 2/7/2025, Rebuttal Expert Reports due by 3/14/2025, Expert Discovery due by 5/12/2025, Proposed Pretrial Order due by 8/28/2025. See Order for further deadlines.) Signed by Judge Christopher J. Burke on 10/22/2024. (smg) (Entered: 10/22/2024) (4) |
| Oct 21, 2024 | 356 | ORDER: Defendants' objections (D.I. 326 ) to the magistrate judges order are overruled, and the Magistrate Judges oral order (D.I. 311) is affirmed in all respects. (See Order for further details) Signed by Judge Joseph F. Bataillon on 10/21/2024. (mpb) (Entered: 10/22/2024) (2) |
| Oct 18, 2024 | 355 | STIPULATION and [Proposed] Order to Amend the Case Schedule by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 10/18/2024) (4) |
| Oct 16, 2024 | 353 | MOTION for Pro Hac Vice Appearance of Attorney Jared C. Bunker - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Certification of Jared C. Bunker)Motions referred to Christopher J. Burke.(Haney, Megan) (Entered: 10/16/2024) (0) |
| Oct 16, 2024 | 354 | Pro Hac Vice Fee - Credit Card Payment received for Jared C. Bunker. ( re 353 MOTION for Pro Hac Vice Appearance of Attorney Jared C. Bunker )( Payment of $ 50, receipt number ADEDC-4524455).(Haney, Megan) (Entered: 10/16/2024) (0) |
| Oct 4, 2024 | 351 | STIPULATION and [Proposed] Order Regarding Case Schedule by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 10/04/2024) (3) |
| Oct 4, 2024 | 352 | NOTICE OF SERVICE of Responses and Objections of Lupin Ltd. and Lupin Pharmaceuticals, Inc. to Plaintiffs' Notice of Deposition Under Federal Rule of Civil Procedure 30(b)(6) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 10/04/2024) (3) |
| Oct 2, 2024 | 350 | NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Responses to Defendants' Joint Interrogatory Nos. 2-3 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 10/02/2024) (4) |
| Oct 1, 2024 | 349 | Official Transcript of Markman Hearing held on 08/21/2024 before Judge Joseph F. Bataillon. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (93) |
| Sep 30, 2024 | 348 | REDACTED VERSION of 343 Response to Objections, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 09/30/2024) (30) |
| Sep 27, 2024 | 346 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Supplemental Response to Plaintiffs' Third Set of Interrogatories (Nos. 5 and 7) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 09/27/2024) (3) |
| Sep 27, 2024 | 347 | NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's First Amended Objections and Responses to Plaintiffs' Third Set of Interrogatories to Zydus (Nos. 4-10) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 09/27/2024) (2) |
| Sep 25, 2024 | 344 | Letter to The Honorable Christopher J. Burke from Alexis N. Stombaugh regarding Request for Entry of Proposed Order on Settlement and License Agreements. (Attachments: # 1 Text of Proposed Order)(Stombaugh, Alexis) (Entered: 09/25/2024) (0) |
| Sep 25, 2024 | 345 | ORDER Regarding Production of Settlement and License Agreements. Signed by Judge Christopher J. Burke on 9/25/2024. (smg) (Entered: 09/26/2024) (2) |
| Sep 23, 2024 | 342 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Joint Second Set of Requests for Production (Nos. 11-12) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 09/23/2024) (4) |
| Sep 23, 2024 | 343 | [SEALED] RESPONSE TO OBJECTIONS by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. re 326 Objections, 311 Oral Order,,,, . (Attachments: # 1 Exhibit A-D, # 2 Certificate of Service)(Silver, Daniel) (Entered: 09/23/2024) (0) |
| Sep 18, 2024 | 340 | NOTICE OF SERVICE of (1) Plaintiffs' First Set of Requests for Admission to Defendants (Nos. 1-15), (2) Plaintiffs' Second Set of Requests to Defendants for the Production of Documents and Things (Nos. 8-23), and (3) Plaintiffs' Fourth Set of Interrogatories to Defendants (No. 11-23) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/18/2024) (4) |
| Sep 18, 2024 | 341 | NOTICE OF SERVICE of (1) Defendants' Joint Third Set of Requests for Production of Documents and Things (No. 13-25); (2) Lupin Limited and Lupin Pharmaceuticals, Inc.'s Third Set of Requests for Production of Documents and Things (No. 3-6); and (3) Defendants' Joint Third Set of Interrogatories (Nos. 6-15) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 09/18/2024) (3) |
| Sep 17, 2024 | 330 | NOTICE to Take Deposition of Bob Hoffman on October 1, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 331 | NOTICE to Take Deposition of Makrand Avachat on October 2, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 332 | NOTICE to Take Deposition of Pramod Dahibhate on October 4, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 333 | NOTICE to Take Deposition of Spiro Gavaris on October 16, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 334 | NOTICE to Take Deposition of Vineeth Raghavan on October 10, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 335 | NOTICE to Take Deposition of Elizabeth Purcell on October 9, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 336 | NOTICE to Take Deposition of M.E. Kannan on October 8, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 337 | NOTICE of Deposition by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Silver, Daniel) (Entered: 09/17/2024) (3) |
| Sep 17, 2024 | 338 | MOTION for Pro Hac Vice Appearance of Attorney Diva Hollis - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certification of Diva Hollis)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 09/17/2024) (0) |
| Sep 17, 2024 | 339 | Pro Hac Vice Fee - Credit Card Payment received for Diva Hollis. ( re 338 MOTION for Pro Hac Vice Appearance of Attorney Diva Hollis )( Payment of $ 50, receipt number ADEDC-4500226).(Silver, Daniel) (Entered: 09/17/2024) (0) |
| Sep 16, 2024 | 329 | NOTICE OF SERVICE of Plaintiffs' Notice of Deposition of Defendants Under Federal Rule of Civil Procedure 30(b)(6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 09/16/2024) (4) |
| Sep 12, 2024 | 328 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Second Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 09/12/2024) (3) |
| Sep 10, 2024 | 327 | Letter to The Honorable Joseph F. Bataillon from Megan C. Haney regarding courtesy copies of the following Docket Items associated with its Objections to the Oral Order regarding Lupin's Motion to Bifurcate (D.I. 311). (Haney, Megan) (Entered: 09/10/2024) (2) |
| Sep 9, 2024 | 326 | OBJECTIONS by Lupin Ltd., Lupin Pharmaceuticals, Inc. to 311 Oral Order,,,, . (Phillips, John) (Entered: 09/09/2024) (12) |
| Sep 6, 2024 | 322 | NOTICE to Take Deposition of Mark Schwitzenberg on September 21, 2024 filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 09/06/2024) (3) |
| Sep 6, 2024 | 323 | NOTICE to Take Deposition of Benjamin Ormsbee on September 21, 2024 filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 09/06/2024) (3) |
| Sep 6, 2024 | 324 | MOTION for Pro Hac Vice Appearance of Attorney James F. Hurst, Jeanna M. Wacker, Bryan S. Hales, Ashley Ross, and Ashley Cade - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certifciations for James F. Hurst, Jeanna M. Wacker, Bryan S. Hales, Ashley Ross, and Ashley Cade)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 09/06/2024) (0) |
| Sep 6, 2024 | 325 | Pro Hac Vice Fee - Credit Card Payment received for James F. Hurst, Jeanna M. Wacker, Bryan S. Hales, Ashley Ross, and Ashley Cade. ( re 324 MOTION for Pro Hac Vice Appearance of Attorney James F. Hurst, Jeanna M. Wacker, Bryan S. Hales, Ashley Ross, and Ashley Cade )( Payment of $ 250, receipt number ADEDC-4493373).(Silver, Daniel) (Entered: 09/06/2024) (0) |
| Sep 5, 2024 | 319 | NOTICE to Take Deposition of Anne Shermon Bell on September 20, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 09/05/2024) (3) |
| Sep 5, 2024 | 320 | NOTICE to Take Deposition of John DeMay on September 20, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 09/05/2024) (3) |
| Sep 5, 2024 | 321 | NOTICE to Take Deposition of Steven Tahmooressi on September 20, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 09/05/2024) (3) |
| Sep 3, 2024 | 318 | NOTICE of Subpoena Directed to Third Party Pace Analytical Life Sciences, LLC by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc. (Attachments: # 1 Exhibit 1)(Stombaugh, Alexis) (Entered: 09/03/2024) (0) |
| Aug 30, 2024 | 317 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Amended Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 08/30/2024) (3) |
| Aug 28, 2024 | 315 | REDACTED VERSION of 307 Letter by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 08/28/2024) (15) |
| Aug 28, 2024 | 316 | REDACTED VERSION of 301 Letter by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 08/28/2024) (30) |
| Aug 27, 2024 | 314 | ANSWER to 288 Answer to Amended Complaint,, Counterclaim, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 08/27/2024) (5) |
| Aug 26, 2024 | 311 | ORAL ORDER: The Court has reviewed Defendants' motion to bifurcate, ("Motion"), (D.I. 296 ), as well as the briefing related thereto, (D.I. 297; D.I. 300; D.I. 305). Because the issues in the Motion also related to how trial will be conducted, the Court discussed the issue with the District Judge, who has indicated that he does not find it efficient to bifurcate issues of damages and willfulness for discovery purposes. The District Judge has also indicated he is not generally inclined to bifurcate damages issues at trial, though in an appropriate case he would consider bifurcating the issue of willfulness. For now, in light of the District Judge's views, the Court DENIES the Motion as it relates to bifurcation of discovery. With regard to presentation of issues at trial, the Court DENIES that request without prejudice to renew later in case with the District Judge (if necessary)--at a point closer to trial, when the parties' understanding of their trial-related presentations/evidence will be better developed. Ordered by Judge Christopher J. Burke on 8/26/2024. (mlc) (Entered: 08/26/2024) (0) |
| Aug 26, 2024 | 312 | ORAL ORDER: With regard to Plaintiffs' pending discovery dispute motion, (D.I. 294 ), the Court intends to resolve the issues on the papers, and therefore hereby ORDERS that today's videoconference is CANCELED.Ordered by Judge Christopher J. Burke on 8/26/2024. (mlc) (Entered: 08/26/2024) (0) |
| Aug 26, 2024 | 313 | NOTICE OF SERVICE of (1) Plaintiffs' First Amended Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery and (2) Plaintiffs' First Amended Rule 26(a)(1) Initial Disclosures for Litigation Involving U.S. Patent No. 11,707,451 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 08/26/2024) (3) |
| Aug 23, 2024 | 308 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Request for oral argument or alternatively Astellas' Proposed Sur-Reply to Defendants' Motion to Bifurcate - re 305 Letter, 297 Letter, 296 MOTION to Bifurcate . (Attachments: # 1 Exhibit 1 - Astellas' Sur-Reply Letter Brief, # 2 Exhibit J, # 3 Exhibit K)(Silver, Daniel) (Entered: 08/23/2024) (0) |
| Aug 23, 2024 | 309 | ORAL ORDER: The Court has reviewed Plaintiffs' August 23, 2024 letter ("letter"), (D.I. 308 ), and notes that if Defendants have in fact raised new arguments in their reply brief in support of their motion to bifurcate, (D.I. 305 ), the Court will be able to determine for itself whether that is so, and if that is the case, the Court will simply not consider those arguments. In light of this, there is no need for the Court to consider additional briefing or to guarantee the parties a hearing to address these purportedly new arguments if a hearing is otherwise unnecessary. (See D.I. 308 at 1 & ex. 1) Therefore, the Court hereby ORDERS that Plaintiffs' requests are DENIED. The Court will consider only the original briefing on the issue, (D.I. 297 ; D.I. 300 ; D.I. 305 ), and the Court may cancel the videoconference should it find it is not necessary. Ordered by Judge Christopher J. Burke on 8/23/2024.(rlr) (Entered: 08/23/2024) (0) |
| Aug 23, 2024 | 310 | NOTICE OF SERVICE of Defendants' Joint Second Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 11-12) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Phillips, John) (Entered: 08/23/2024) (2) |
| Aug 21, 2024 | 304 | NOTICE of Lodging - Plaintiffs' Demonstrative Slides for U.S. Patent No. 11,707,451 by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Attachments: # 1 Exhibit 1)(Joyce, Alexandra) (Entered: 08/21/2024) (0) |
| Aug 21, 2024 | 305 | Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Reply Letter Brief in Support of Defendants' Motion for Bifurcation - re 296 MOTION to Bifurcate . (Phillips, John) (Entered: 08/21/2024) (3) |
| Aug 21, 2024 | 306 | NOTICE of Lodging by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc. (Attachments: # 1 Exhibit A)(Siew, Jennifer) (Entered: 08/21/2024) (0) |
| Aug 21, 2024 | 307 | [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Reply Discovery Dispute. (Attachments: # 1 Exhibit Q, # 2 Certificate of Service)(Silver, Daniel) (Entered: 08/21/2024) (0) |
| Aug 20, 2024 | 302 | ORDER, granting 298 MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc. Signed by Judge Joseph F. Bataillon on 8/20/2024. (jfm) (Entered: 08/20/2024) (2) |
| Aug 20, 2024 | 303 | ORDER, granting 299 MOTION for Exemption of Persons from the District of Delaware's May 17, 2024 Standing Order on Personal Devices - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. Signed by Judge Joseph F. Bataillon on 8/20/2024. (jfm) (Entered: 08/20/2024) (1) |
| Aug 19, 2024 | 300 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Plaintiffs' Opposing Defendants' Motion to Bifurcate. (Attachments: # 1 Exhibit A-I)(Silver, Daniel) (Entered: 08/19/2024) (0) |
| Aug 19, 2024 | 301 | [SEALED] Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Defendants' Opposition to Astellas's Discovery Dispute Letter (D.I. 295) - re 295 Letter. (Attachments: # 1 Exhibit 1)(Kraman, Pilar) (Entered: 08/19/2024) (0) |
| Aug 16, 2024 | 298 | MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Siew, Jennifer) (Entered: 08/16/2024) (0) |
| Aug 16, 2024 | 299 | MOTION for Exemption of Persons from the District of Delaware's May 17, 2024 Standing Order on Personal Devices - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Joyce, Alexandra) (Entered: 08/16/2024) (0) |
| Aug 13, 2024 | 292 | MOTION for Pro Hac Vice Appearance of Attorney Samoneh Schickel - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certification for Samoneh Schickel)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 08/13/2024) (0) |
| Aug 13, 2024 | 293 | Pro Hac Vice Fee - Credit Card Payment received for Samoneh Schickel. ( re 292 MOTION for Pro Hac Vice Appearance of Attorney Samoneh Schickel )( Payment of $ 50, receipt number ADEDC-4474753).(Silver, Daniel) (Entered: 08/13/2024) (0) |
| Aug 13, 2024 | 294 | MOTION for Videoconference to Resolve Discovery Disputes re 290 Letter - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 08/13/2024) (2) |
| Aug 13, 2024 | 295 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit A-P, # 2 Text of Proposed Order)(Silver, Daniel) (Attachment 2 replaced on 8/14/2024) (smg). (Entered: 08/13/2024) (0) |
| Aug 13, 2024 | 296 | MOTION to Bifurcate - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Proposed Order)Motions referred to Christopher J. Burke.(Phillips, John) (Entered: 08/13/2024) (0) |
| Aug 13, 2024 | 297 | Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Opening Letter Brief in Support of Defendants' Motion for Bifurcation - re 296 MOTION to Bifurcate . (Phillips, John) (Entered: 08/13/2024) (5) |
| Aug 8, 2024 | 291 | ORAL ORDER: The Court, having reviewed the parties' August 6, 2024 letter, (D.I. 290 ), hereby ORDERS as follows: (1) A videoconference to address these disptues using the Microsoft Teams platform is set for August 26, 2024 at 1:00 p.m. before Judge Christopher J. Burke.; (2) By August 13, 2024, Plaintiffs shall file a "Motion for Videoconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab on Judge Burke's portion of the District Court's website, and Defendants shall file a one-page "Motion to Bifurcate."; (3) With regard to Defendants' bifurcation dispute, by August 13, 2024, Defendants shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and their position on those issues. By August 19, 2024, Plaintiffs shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the reasons for their opposition. By no later than August 21, 2024, Defendants shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (4) With regard to Plaintiffs' discovery disputes, by August 13, 2024, Plaintiffs shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and their position on those issues. By August 19, 2024, Defendants shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the reasons for their opposition. By no later than August 21, 2024, Plaintiffs shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (5) By no later than August 21, 2024, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Grimes, indicating the names and e-mail addresses of all individuals who will participate in the videoconference.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (7) The Court may choose to resolve the dispute prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 8/8/2024. (smg) (Entered: 08/08/2024) (0) |
| Aug 6, 2024 | 288 | ANSWER to Amended Complaint, re: 279 Amended Complaint, , COUNTERCLAIM against Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. by Lupin Pharmaceuticals, Inc., Lupin Ltd..(Haney, Megan) (Entered: 08/06/2024) (22) |
| Aug 6, 2024 | 289 | ANSWER to Amended Complaint, re: 279 Amended Complaint, by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 08/06/2024) (22) |
| Aug 6, 2024 | 290 | Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Parties' Response to Oral Orders - D.I. 282 Oral Order & D.I. 284 Oral Order. (Phillips, John) Modified on 8/7/2024 (smg). (Entered: 08/06/2024) (2) |
| Aug 5, 2024 | 285 | Minute entry for proceedings held before Judge Christopher J. Burke Discovery Dispute Hearing held on August 5, 2024. The Court heard the parties' arguments regarding Plaintiffs' Motion for Videoconference. (D.I. 242 ) The Court granted Plaintiffs' motion. The substance of the Court's order will be reflected in the transcript. (Clerk: A. Herman) APPEARANCES: S. Roberts, J. Leonard and D. Silver for Plaintiffs; P. Kraman, D. Abramowitz, C. Blessing and J. Turpin for Defendants. (This hearing was recorded to be transcribed by a certified court reporter.) (smg) (Entered: 08/05/2024) (0) |
| Aug 5, 2024 | 286 | NOTICE requesting Clerk to remove Jacob Michael Bass as co-counsel.. (Joyce, Alexandra) (Entered: 08/05/2024) (2) |
| Aug 5, 2024 | 287 | Official Transcript of Discovery Conference held on 8/5/24 before Judge Christopher Burke. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. 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 8/26/2024. Redacted Transcript Deadline set for 9/5/2024. Release of Transcript Restriction set for 11/4/2024. (Warner, Deanna) (Main Document 287 replaced on 8/5/2024) (smg). (Entered: 08/05/2024) (20) |
| Jul 31, 2024 | 283 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding response to Defendants' July 30, 2024 letter - re 281 Letter,. (Attachments: # 1 Exhibit A)(Silver, Daniel) (Entered: 07/31/2024) (0) |
| Jul 31, 2024 | 284 | ORAL ORDER: The Court, having reviewed Plaintiffs’ July 31, 2024 letter regarding discovery disputes it wishes to raise with the Court ("letter"), (D.I. 283 ), hereby ORDERS that counsel participate in a verbal meet and confer to discuss the issues Plaintiffs raise in the letter, as well as the issues Defendants raised in their July 30, 2024 letter, (D.I. 281 ), which the Court has already ordered the parties to meet and confer on, (D.I. 282 ), to see whether they can resolve the issues without the Court's intervention. By no later than August 6, 2024, the parties shall file a letter of no more than one (1) single-spaced page, in no less than 12-point font, indicating whether they have been able to resolve the issues. If the parties have not been able to resolve some or all of the issues, the Court will then set a briefing schedule. Ordered by Judge Christopher J. Burke on 7/31/2024. (smg) (Entered: 07/31/2024) (0) |
| Jul 30, 2024 | 281 | Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding request for defendants to file a motion to bifurcate liability issues from damages and willfulness issues for purposes of discovery and trial. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Phillips, John) (Entered: 07/30/2024) (0) |
| Jul 30, 2024 | 282 | ORAL ORDER: The Court, having reviewed Defendants' July 30, 2024 letter regarding a discovery dispute it wishes to raise with the Court ("letter"), (D.I. 281 ), hereby ORDERS that counsel participate in a verbal meet and confer to discuss the issue Defendants raise in the letter and whether they can resolve the issue without the Court's intervention. By no later than August 6, 2024, the parties shall file a letter of no more than one (1) single-spaced page, in no less than 12-point font, indicating whether they have been able to resolve the issue. If the parties have not been able to resolve the issue, the Court will then set a briefing schedule. Ordered by Judge Christopher J. Burke on 7/30/2024. (mlc) (Entered: 07/30/2024) (0) |
| Jul 25, 2024 | 280 | STIPULATION AND ORDER Regarding Case Schedule and Discovery Limits (See Order for further details and deadlines.) Signed by Judge Christopher J. Burke on 7/25/2024. (smg) (Entered: 07/25/2024) (5) |
| Jul 23, 2024 | 279 | Amended Complaint* (1) |
| Jul 23, 2024 | 278 | ORAL ORDER: The Court, having reviewed Plaintiffs' Unopposed Motion for Leave to File a First Amended Complaint ("Motion"), (D.I. 272 ), hereby ORDERS that the Motion is GRANTED. By no later than July 26, 2024, Plaintiffs shall formally file their proposed First Amended Complaint. Ordered by Judge Christopher J. Burke on 7/23/2024. (smg) (Entered: 07/23/2024) (0) |
| Jul 22, 2024 | 272 | Unopposed MOTION for Leave to File a First Amended Complaint - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Astellas' First Amended Complaint for Patent Infringement, # 2 Exhibit A-B, # 3 Exhibit C-D, # 4 Exhibit B - Redline, # 5 Text of Proposed Order)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 07/22/2024) (0) |
| Jul 22, 2024 | 273 | REDACTED VERSION of 264 MOTION for Leave to File A Sur-Surreply Claim Construction Brief and Supporting Supplemental Declaration of David R. Taft, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 07/22/2024) (17) |
| Jul 22, 2024 | 274 | REDACTED VERSION of 265 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 07/22/2024) (30) |
| Jul 22, 2024 | 275 | REDACTED VERSION of 269 Statement, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 07/22/2024) (30) |
| Jul 22, 2024 | 276 | REDACTED VERSION of 260 Joint Claim Construction Brief by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 07/22/2024) (30) |
| Jul 22, 2024 | 277 | REDACTED VERSION of 261 Appendix, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit 9-13, # 2 Exhibit 14-23, # 3 Exhibit 24-34)(Joyce, Alexandra) (Entered: 07/22/2024) (0) |
| Jul 19, 2024 | 271 | STIPULATION TO EXTEND TIME the deadline to submit public redacted version of the Joint Claim Construction Brief (D.I. 260) and Appendix (D.I. 261) to July 22, 2024 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 07/19/2024) (3) |
| Jul 18, 2024 | 268 | ORDER: Plaintiffs' Motion for Leave to File a Sur-Surreply Claim Construction Brief, D.I. 264 , is GRANTED. Plaintiffs shall promptly file their Sur-Surreply Claim Construction Brief and supporting documents on the docket. Signed by Judge Joseph F. Bataillon on 7/17/2024. (mpb) (Entered: 07/18/2024) (1) |
| Jul 18, 2024 | 269 | [SEALED] STATEMENT re 268 Order,, Terminate Motions, Astellas' Sur-Sur-Reply Claim Construction Brief by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit 35-36, # 2 Certificate of Service)(Silver, Daniel) (Entered: 07/18/2024) (0) |
| Jul 18, 2024 | 270 | STIPULATION and [Proposed] Order Regarding Case Schedule and Discovery Limits by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 07/18/2024) (5) |
| Jul 17, 2024 | 267 | ORAL ORDER: The Markman hearing is re-scheduled for 8/21/2024 at 10:00 AM and will be held in Courtroom 4A at the J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delaware, before Judge Joseph F. Bataillon. The hearing will last for 2 hours, with each side allotted 1 hour for argument. As requested, Plaintiffs will address each disputed claim term first, followed by Defendants, and the terms will be addressed in the following order: (1) "reduced food effect," (2) "immediate release formulation," and (3) "continuous drug release for at least 4 hours after oral administration."Ordered by Judge Joseph F. Bataillon on 7/17/2024. (mpb) (Entered: 07/17/2024) (0) |
| Jul 15, 2024 | 264 | [SEALED] MOTION for Leave to File A Sur-Surreply Claim Construction Brief and Supporting Supplemental Declaration of David R. Taft, Ph.D. - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit 1 - Sur-Surreply Brief, # 2 Proposed Order, # 3 Certificate of Service)(Silver, Daniel) Modified on 7/15/2024 to remove referral (smg). (Entered: 07/15/2024) (0) |
| Jul 15, 2024 | 265 | [SEALED] DECLARATION re 264 MOTION for Leave to File A Sur-Surreply Claim Construction Brief and Supporting Supplemental Declaration of David R. Taft, Ph.D. Declaration of Vincent Li, Esq. in Support by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exs. A-F, # 2 Certificate of Service)(Silver, Daniel) (Entered: 07/15/2024) (0) |
| Jul 15, 2024 | 266 | STATEMENT re 264 MOTION for Leave to File A Sur-Surreply Claim Construction Brief and Supporting Supplemental Declaration of David R. Taft, Ph.D. D. DEL. RULE 7.1.1 Certfication of Counsel by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 07/15/2024) (1) |
| Jul 12, 2024 | 259 | Letter to The Honorable Joseph F. Bataillon from Alexandra M. Joyce regarding August 21, 2024 Markman hearing. (Joyce, Alexandra) (Entered: 07/12/2024) (1) |
| Jul 12, 2024 | 260 | [SEALED] JOINT CLAIM CONSTRUCTION BRIEF filed by Astellas Pharma Global Development, Inc., Astellas Pharma Inc., Astellas Ireland Co., Ltd.. (Joyce, Alexandra) (Entered: 07/12/2024) (0) |
| Jul 12, 2024 | 261 | [SEALED] APPENDIX re 260 Joint Claim Construction Brief by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibits 1-8, # 2 Exhibits 9-13, # 3 Exhibits 14-23, # 4 Exhibits 24-34)(Joyce, Alexandra) (Entered: 07/12/2024) (0) |
| Jul 12, 2024 | 262 | MOTION for Claim Construction re 260 Joint Claim Construction Brief - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.(Stombaugh, Alexis) Modified on 7/12/2024 to remove Judge Burke referral. (smg). (Entered: 07/12/2024) (2) |
| Jul 12, 2024 | 263 | MOTION for Claim Construction re 260 Joint Claim Construction Brief - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Proposed Order)(Joyce, Alexandra) Modified on 7/15/2024 to remove referral (smg). (Entered: 07/12/2024) (0) |
| Jul 10, 2024 | 249 | Amended NOTICE of Deposition to Plaintiffs Astellas Pursuant to Fed. R. Civ. P. 30(b)(6) by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc. (Stombaugh, Alexis) (Entered: 07/10/2024) (12) |
| Jul 10, 2024 | 250 | NOTICE to Take Deposition of Daisuke Murayama on July 30, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 10, 2024 | 251 | REDACTED VERSION of 247 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 07/10/2024) (30) |
| Jul 10, 2024 | 252 | NOTICE to Take Deposition of Daisuke Murayama (AMENDED) on July 30, 2024, beginning at 9:00 am (ET) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 10, 2024 | 253 | NOTICE to Take Deposition of Emiko Murayama on July 31, 2024, beginning at 9:00 am (ET) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 10, 2024 | 254 | NOTICE to Take Deposition of Kazuhiro Sako on August 22, 2024, beginning at 9:00 am (ET) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 10, 2024 | 255 | NOTICE to Take Deposition of Soichiro Nakamura on August 13, 2024, beginning at 9:00 am (ET) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 10, 2024 | 256 | NOTICE to Take Deposition of Takashi Nishizato on August 5, 2024, beginning at 9:00 am (ET) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 10, 2024 | 257 | NOTICE to Take Deposition of Yutaka Takahashi on August 12, 2024, beginning at 9:00 am (ET) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 10, 2024 | 258 | NOTICE to Take Deposition of Yuuki Takashi on August 19, 2024, beginning at 9:00 am (ET) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/10/2024) (3) |
| Jul 8, 2024 | 248 | NOTICE OF SERVICE of 1) Defendants' Joint Sur-Reply Claim Construction Brief; and 2) Declaration of David B. Abramowitz, Esq. in Support of Defendants' Joint Sur-Reply Claim Construction Brief filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 07/08/2024) (2) |
| Jul 3, 2024 | 247 | [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Reply In Further Support - re 242 MOTION for Teleconference to Resolve Discovery Dispute . (Attachments: # 1 Exhibit 1-4, # 2 Certificate of Service)(Silver, Daniel) (Entered: 07/03/2024) (0) |
| Jun 27, 2024 | 246 | Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Responsive Discovery Dispute Letter - re 242 MOTION for Teleconference to Resolve Discovery Dispute . (Attachments: # 1 Exhibit B - C)(Kraman, Pilar) (Entered: 06/27/2024) (0) |
| Jun 21, 2024 | 244 | NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' Third Set of Interrogatories to Zydus (Nos. 4-10); and 2) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' First Set of Requests to Zydus for the Production of Documents and Things (Nos. 1-7) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 06/21/2024) (2) |
| Jun 21, 2024 | 245 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Responses to Plaintiffs' Third Set of Interrogatories (Nos. 4-10) and Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Responses to Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-7) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 06/21/2024) (2) |
| Jun 20, 2024 | 242 | MOTION for Teleconference to Resolve Discovery Dispute - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 06/20/2024) (2) |
| Jun 20, 2024 | 243 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Plaintiffs' Letter In Support of Motion for Teleconference to Resolve Discovery Dispute - re 242 MOTION for Teleconference to Resolve Discovery Dispute . (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Silver, Daniel) (Entered: 06/20/2024) (0) |
| Jun 14, 2024 | 240 | ORAL ORDER: The Court, having reviewed the parties’ June 13, 2024 letter requesting a discovery teleconference, (D.I. 239 ), hereby ORDERS as follows: (1) A discovery dispute videoconference using the Microsoft Teams platform is set for August 5, 2024 at 1:30 p.m. before Judge Christopher J. Burke.; (2) By June 20, 2024, Plaintiffs shall file a "Motion for Videoconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab on Judge Burke's portion of the District Court's website; (3) By June 20, 2024, Plaintiffs shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issue in dispute and their position on that issue. By June 27, 2024, Defendants shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the reasons for their opposition. By no later than July 3, 2024, Plaintiffs shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (4) By no later than July 26, 2024, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Grimes, indicating the names and e-mail addresses of all individuals who will participate in the videoconference.; (5) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (6) The Court may choose to resolve the dispute prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 06/14/2024. (smg) (Entered: 06/14/2024) (0) |
| Jun 14, 2024 | 241 | NOTICE OF SERVICE of (1) Astellas' Reply Claim Construction Brief and (2) Declaration of Vincent Li, Esq. In Support of Astellas' Reply Claim Construction Brief with Exhibits 25-31 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 06/14/2024) (3) |
| Jun 13, 2024 | 238 | STIPULATION TO EXTEND TIME regarding Claim Construction Briefing to See Stip for Details - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 06/13/2024) (3) |
| Jun 13, 2024 | 239 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling a Teleconference. (Silver, Daniel) (Entered: 06/13/2024) (2) |
| Jun 13, 2024 | N/A | SO ORDERED, D.I. 238 Stipulation to Extend Time regarding Claim Construction Briefing - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. Ordered by Judge Christopher J. Burke on 06/13/2024. (smg) (Entered: 06/13/2024) (0) |
| Jun 7, 2024 | 236 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Discovery Dispute Teleconference. (Silver, Daniel) (Entered: 06/07/2024) (1) |
| Jun 7, 2024 | 237 | ORAL ORDER: The Court, having reviewed Plaintiffs’ June 7, 2024 letter regarding a discovery dispute it wishes to raise with the Court (“letter”), (D.I. 236 ), hereby ORDERS that counsel participate in a verbal meet and confer to discuss the issue Plaintiffs raise in the letter and whether they can resolve the issue without the Court’s intervention. By no later than June 14, 2024, the parties shall file a letter of no more than one (1) single-spaced page, indicating whether they have been able to resolve the issue. If the parties have not been able to resolve the issue, the Court will then set a briefing schedule. Ordered by Judge Christopher J. Burke on 06/07/2024. (smg) (Entered: 06/07/2024) (0) |
| Jun 6, 2024 | 235 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Zydus's Second Set of Requests for Production (No. 2) and (2) Plaintiffs' Objections and Responses to Defendants' Second Set of Interrogatories (Nos. 4-5) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 06/06/2024) (3) |
| Jun 5, 2024 | 232 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Lupin Limited and Lupin Pharmaceuticals, Inc.'s Second Set of Requests for Production (No. 2) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 06/05/2024) (2) |
| Jun 5, 2024 | 233 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Supplemental Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 06/05/2024) (2) |
| Jun 5, 2024 | 234 | USCA Order Terminating Appeal as to 211 Notice of Appeal (Federal Circuit), filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. USCA Decision: The proceeding is DISMISSED under Fed. R. App. P. 42 (b). Each side shall bear their own costs. (jfm) (Entered: 06/06/2024) (2) |
| May 29, 2024 | N/A | CORRECTING ENTRY: Previous stipulation has been removed per request of counsel. Filed erroneously. (smg) (Entered: 05/29/2024) (0) |
| May 22, 2024 | 231 | NOTICE OF SERVICE of (1) Plaintiffs' First Set of Requests to Defendants for the Production of Documents and Things (Nos. 1-7) and (2) Plaintiffs' Third Set of Interrogatories to Defendants (Nos. 4-10) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 05/22/2024) (3) |
| May 17, 2024 | 230 | NOTICE OF SERVICE of 1) Defendants' Joint Answering Claim Construction Brief; and 2) Declaration of David B. Abramowitz in Support of Defendants' Answering Joint Claim Construction Brief filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 05/17/2024) (2) |
| May 16, 2024 | 229 | STIPULATION TO EXTEND TIME the Deadline to Submit a Joint Letter regarding Claim Construction Hearing to July 11, 2024 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 05/16/2024) (3) |
| May 16, 2024 | N/A | SO ORDERED, D.I. 229 STIPULATION TO EXTEND TIME the Deadline to Submit a Joint Letter regarding Claim Construction Hearing to July 11, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 05/16/2024. (smg) (Entered: 05/16/2024) (0) |
| May 10, 2024 | N/A | Notification regarding 221 USCA Notice of Docketing ROA, sent to Reporter Warner (mpb) (Entered: 05/10/2024) (0) |
| May 10, 2024 | N/A | Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 221 USCA Notice of Docketing ROA,. (mpb) (Entered: 05/10/2024) (0) |
| May 10, 2024 | 228 | REDACTED VERSION of 222 Objections, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 05/10/2024) (16) |
| May 9, 2024 | 227 | Notice of Appeal* (1) |
| May 7, 2024 | 225 | NOTICE OF SERVICE of Zydus's Second Set of Requests for the Production of Documents and Things to Plaintiffs (No. 2) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 05/07/2024) (2) |
| May 7, 2024 | 226 | NOTICE OF SERVICE of Defendants' Joint Interrogatories to Plaintiffs (Nos. 4-5) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 05/07/2024) (2) |
| May 6, 2024 | 223 | ORDER: Plaintiff's Objections, D.I. 222 , are denied. (See Order for further details.) Signed by Judge Joseph F. Bataillon on 05/06/2024. (vfm) (Entered: 05/06/2024) (1) |
| May 6, 2024 | 224 | NOTICE OF SERVICE of Lupin Limited and Lupin Pharmaceuticals, Inc.'s Second Set of Requests for Production of Documents and Things (No. 2) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 05/06/2024) (2) |
| May 3, 2024 | 222 | [SEALED] OBJECTIONS by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. to 200 REPORT AND RECOMMENDATIONS re 98 MOTION for Preliminary Injunction filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc., 143 MOTION for Leave to File Reply Declarations of David . (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 05/03/2024) (0) |
| May 1, 2024 | 220 | REDACTED VERSION of 209 Reply Brief, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 05/01/2024) (17) |
| May 1, 2024 | 221 | NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 211 Notice of Appeal (Federal Circuit), filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. USCA Case Number 2024-1766 (jfm) (Entered: 05/01/2024) (4) |
| Apr 30, 2024 | 218 | Letter to the Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Request for Entry of Stipulated Proposed Order on Settlement and License Agreements. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) (Entered: 04/30/2024) (0) |
| Apr 30, 2024 | 219 | ORDER Regarding Production of Settlement and License Agreements. Signed by Judge Christopher J. Burke on 04/30/2024. (smg) (Entered: 04/30/2024) (2) |
| Apr 29, 2024 | 216 | REDACTED VERSION of 207 Answering Brief in Opposition, by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 04/29/2024) (22) |
| Apr 29, 2024 | 217 | REDACTED VERSION of 205 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 04/29/2024) (6) |
| Apr 26, 2024 | 212 | REDACTED VERSION of 201 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 04/26/2024) (3) |
| Apr 26, 2024 | 213 | REDACTED VERSION of 202 Declaration by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 04/26/2024) (10) |
| Apr 26, 2024 | 214 | REDACTED VERSION of 203 Emergency MOTION for Temporary Restraining Order by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 04/26/2024) (8) |
| Apr 26, 2024 | 215 | REDACTED VERSION of 204 Opening Brief in Support, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 04/26/2024) (30) |
| Apr 25, 2024 | 211 | NOTICE OF APPEAL to the Federal Circuit of 210 Order Adopting Report and Recommendations,, Terminate Motions,, Order on Motion for Preliminary Injunction,, Order on Report and Recommendations,, Order on Motion for TRO, . Appeal filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 04/25/2024) (2) |
| Apr 25, 2024 | N/A | APPEAL - Credit Card Payment received re 211 Notice of Appeal (Federal Circuit), filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.. ( Filing fee $605, receipt number ADEDC-4392396.) (Silver, Daniel) (Entered: 04/25/2024) (0) |
| Apr 25, 2024 | N/A | Notification regarding 211 Notice of Appeal (Federal Circuit), sent to Reporter Warner (oam) (Entered: 04/25/2024) (0) |
| Apr 25, 2024 | N/A | Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 211 Notice of Appeal (Federal Circuit). (oam) (Entered: 04/25/2024) (0) |
| Apr 24, 2024 | 209 | [SEALED] REPLY BRIEF re 203 Emergency MOTION for Temporary Restraining Order filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 04/24/2024) (0) |
| Apr 24, 2024 | 210 | ORDER: The Court adopts the Magistrate Judge's Report and Recommendation in full, D.I. 200 , and accordingly denies Plaintiffs' Motion for Preliminary Injunction D.I. 98 . The Court denies Plaintiffs' Emergency Motion for Temporary Restraining Order, D.I. 203 . Signed by Judge Joseph F. Bataillon on 4/24/2024. (apk) (Entered: 04/24/2024) (3) |
| Apr 22, 2024 | 205 | [SEALED] Emergency Letter to The Honorable Joseph F. Bataillon and The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Astellas' Emergency Motion For Entry Of A Temporary Restraining Order - re 202 Declaration, 201 Letter, 203 Emergency MOTION for Temporary Restraining Order , 204 Opening Brief in Support,. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Silver, Daniel) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 206 | Letter to The Honorable Joseph F. Bataillon and the Honorable Christopher J. Burke from Alexis N. Stombaugh regarding response to TRO motion - re 203 Emergency MOTION for Temporary Restraining Order , 205 Letter,. (Stombaugh, Alexis) (Entered: 04/22/2024) (1) |
| Apr 22, 2024 | 207 | [SEALED] ANSWERING BRIEF in Opposition re 203 Emergency MOTION for Temporary Restraining Order filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..Reply Brief due date per Local Rules is 4/29/2024. (Kraman, Pilar) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 208 | DECLARATION re 207 Answering Brief in Opposition, of Pilar G. Kraman, by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kraman, Pilar) (Entered: 04/22/2024) (0) |
| Apr 19, 2024 | 200 | [UNSEALED] REPORT AND RECOMMENDATIONS regarding D.I. 98 MOTION for Preliminary Injunction filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.,and D.I. 143 MOTION for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 5/3/2024. Signed by Judge Christopher J. Burke on 4/19/2024.This Recommendation will be emailed to local counsel. (dlb) Unsealed on 4/26/2024 after counsel advised of they do not intend to request redactions(smg). (Entered: 04/19/2024) (36) |
| Apr 19, 2024 | 201 | [SEALED] Letter to The Honorable Christopher J. Burke and The Honorable Joseph F. Bataillon from Daniel M. Silver, Esq. regarding Forthcoming Emergency Motion for Temporary Restraining Order. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 04/19/2024) (0) |
| Apr 19, 2024 | 202 | [SEALED] DECLARATION re 201 Letter, of Daniel M. Silver, Esq. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 04/19/2024) (0) |
| Apr 19, 2024 | 203 | [SEALED] Emergency MOTION for Temporary Restraining Order - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1. Certification, # 3 Certificate of Service)(Silver, Daniel) (Entered: 04/19/2024) (0) |
| Apr 19, 2024 | 204 | [SEALED] OPENING BRIEF in Support re 203 Emergency MOTION for Temporary Restraining Order filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..Answering Brief/Response due date per Local Rules is 5/3/2024. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Silver, Daniel) (Entered: 04/19/2024) (0) |
| Apr 18, 2024 | 199 | NOTICE OF SERVICE of (1) Astellas' Opening Claim Construction Brief and (2) Declaration of Vincent Li, Esq. with Exs. 1-20 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 04/18/2024) (3) |
| Apr 15, 2024 | 198 | Official Transcript of Preliminary Injunction Hearing held on 3/19/24 before Judge Christopher J. Burke. Court Reporter Jennifer M. Guy,Email: jenniferguyrpr@gmail.com. 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 5/6/2024. Redacted Transcript Deadline set for 5/16/2024. Release of Transcript Restriction set for 7/15/2024. (Triozzi, Heather) (Entered: 04/15/2024) (0) |
| Apr 4, 2024 | 196 | REDACTED VERSION of 151 Notice (Other) by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 04/04/2024) (30) |
| Apr 4, 2024 | 197 | REDACTED VERSION of 152 Notice (Other) by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 04/04/2024) (30) |
| Apr 3, 2024 | 195 | REDACTED VERSION of 188 Statement, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 04/03/2024) (13) |
| Apr 2, 2024 | 194 | ORAL ORDER: In addition to the referral in D.I. 186, the Court hereby ORDERS that Judge Burke is also referred Plaintiffs' Motion for Preliminary Injunction, (D.I. 98), for resolution. Ordered by Judge Joseph F. Bataillon on 4/2/2024. (dlb) (Entered: 04/02/2024) (0) |
| Apr 1, 2024 | 191 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Response - re 190 Letter. (Silver, Daniel) (Entered: 04/01/2024) (2) |
| Apr 1, 2024 | 192 | REDACTED VERSION of 156 Response to Motion by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 04/01/2024) (6) |
| Apr 1, 2024 | 193 | REDACTED VERSION of 158 Declaration of Jonathan B. Turpin by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit J - N)(Kraman, Pilar) (Entered: 04/01/2024) (0) |
| Mar 28, 2024 | 190 | Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Defendants' Objections to Plaintiffs' Lodged Transcripts - re 152 Notice (Other), 151 Notice (Other). (Kraman, Pilar) (Entered: 03/28/2024) (2) |
| Mar 27, 2024 | 187 | STIPULATION TO EXTEND TIME to submit public redacted versions of Plaintiffs' Notice of Lodging Volume 1 of 2 (D.I. 151) and Notice of Lodging Volume 2 of 2 (D.I. 152) to April 4, 2024 - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Stombaugh, Alexis) (Entered: 03/27/2024) (3) |
| Mar 27, 2024 | N/A | SO ORDERED D.I. 187 STIPULATION TO EXTEND TIME to submit public redacted versions of Plaintiffs' Notice of Lodging Volume 1 of 2 (D.I. 151) and Notice of Lodging Volume 2 of 2 (D.I. 152) to April 4, 2024 filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited. Ordered by Judge Christopher J. Burke on 3/27/2024. (dlb) (Entered: 03/27/2024) (0) |
| Mar 27, 2024 | 188 | [SEALED] STATEMENT re 179 Oral Order,,,,,, Plaintiffs Astella's Supplemental Briefing on Infringement and Indefiniteness by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 03/27/2024) (0) |
| Mar 27, 2024 | 189 | Letter to The Honorable Christopher J. Burke from Defendants regarding Oral Order on Post-Hearing Briefing - re 179 Oral Order,,,,,,. (Kraman, Pilar) (Entered: 03/27/2024) (9) |
| Mar 26, 2024 | 185 | REDACTED VERSION of 176 Reply to Response to Motion, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/26/2024) (18) |
| Mar 26, 2024 | 186 | ORAL ORDER - Pursuant to the filing of this case, the Court issues the following order: Magistrate Judge Burke shall issue a scheduling order when appropriate. Magistrate Judge Burke shall handle all nondispositive matters on all issues, except for Daubert motions, Markman hearings, and pretrial motions in limine. The parties have the right to file an appeal of the magistrate judge's order, and the same shall be decided by the undersigned. The magistrate judge shall likewise handle all discovery matters, scheduling, and pretrial conferences. If the parties believe the magistrate judge has a conflict of interest with this case, the parties shall so notify the Court. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 3/26/24. (AEV) (Entered: 03/26/2024) (0) |
| Mar 22, 2024 | N/A | SO ORDERED D.I. 184 STIPULATION TO EXTEND TIME for Defendants to submit redacted versions of Defendants Opposition to Astellass Motion for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. (D.I. 156), and the Declaration of Jonathan B. filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited. Ordered by Judge Christopher J. Burke on 3/22/2024. (dlb) (Entered: 03/22/2024) (0) |
| Mar 21, 2024 | 182 | STIPULATION TO EXTEND TIME the Deadline to Submit Public Redacted Versions of Plaintiffs' Notice of Lodging Volume 1 of 2 (D.I. 151) and Notice of Lodging Volume 2 of 2 (D.I. 152) to March 28, 2024 (from March 21, 2024) - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/21/2024) (3) |
| Mar 21, 2024 | 183 | NOTICE of Lodging by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Attachments: # 1 Exhibit 1-4)(Joyce, Alexandra) (Entered: 03/21/2024) (0) |
| Mar 21, 2024 | N/A | SO ORDERED D.I. 182 STIPULATION TO EXTEND TIME the Deadline to Submit Public Redacted Versions of Plaintiffs' Notice of Lodging Volume 1 of 2 (D.I. 151) and Notice of Lodging Volume 2 of 2 (D.I. 152) to March 28, 2024 (from March 21, 2024) filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 3/21/2024. (dlb) (Entered: 03/21/2024) (0) |
| Mar 21, 2024 | 184 | STIPULATION TO EXTEND TIME for Defendants to submit redacted versions of Defendants Opposition to Astellass Motion for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. (D.I. 156), and the Declaration of Jonathan B. Turpin, Esq. in Support of Defendants Opposition to Astellass Motion for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. (D.I. 158) to April 1, 2024 - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Stombaugh, Alexis) (Entered: 03/21/2024) (2) |
| Mar 20, 2024 | 178 | ORAL ORDER: The Court, having reviewed Defendants' Motion to Determine Relatedness to C.A. 20-1589-JFB-CJB and Transfer of Case to Judge Bataillon ("Motion"), (D.I. 41), and the briefing related thereto, (D.I. 42; D.I. 59; D.I. 64), and having consulted with Judge Williams and Judge Bataillon, hereby ORDERS that the Motion is GRANTED and the case will be re-assigned to Judge Bataillon. The case is related to Judge Bataillon's prior matter (in Civil Action No. 20-1589-JFB-CJB) pursuant to the meaning of at least Local Rule 3.1(b)(2) and (4), for the reasons put forward by Defendants. And so re-assignment is appropriate. Ordered by Judge Christopher J. Burke on 3/20/2024. (dlb) (Entered: 03/20/2024) (0) |
| Mar 20, 2024 | N/A | Case Reassigned to Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska (due to prior related case). Please include the initials of the Judge (JFB) after the case number on all documents filed. (rjb) (Entered: 03/20/2024) (0) |
| Mar 20, 2024 | 179 | ORAL ORDER: As discussed at yesterday's preliminary injunction hearing, it would be helpful to the Court to have some further focused post-hearing briefing on some key issues now before it as to the pending preliminary injunction motion. To that end, the Court hereby ORDERS that by no later than March 27, 2024, both Plaintiffs and Defendants shall simultaneously each file with the Court a letter, not to exceed seven (7) single-spaced pages, in no less than 12-point font, further addressing the parties' arguments solely as to the issues of infringement and indefiniteness (and the related issue of claim construction, if appropriate), which in the Court's mind are the most difficult of the disputed issues at play here. It will be most helpful to the Court if in these filings, using language understandable to a lay person, the parties address what they believe are the key or best arguments in support of their position and explain why the other side's best arguments are nevertheless insufficient, while citing to the most important portions of the record or to the most important caselaw supporting their positions. Put differently, while the sides may have made many different arguments/citations in their briefing or their declarations about an infringement or definiteness issue, the Court is hoping here they will focus only on the most important arguments/citations and, using clear language, help the Court cut to the chase in terms of what it must address (and what it need not address) in order to resolve the issues. Ordered by Judge Christopher J. Burke on 3/20/2024. (dlb) (Entered: 03/20/2024) (0) |
| Mar 20, 2024 | 180 | [SEALED] NOTICE of Lodging by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Siew, Jennifer) (Entered: 03/20/2024) (0) |
| Mar 20, 2024 | 181 | REDACTED VERSION of 180 Notice (Other) of Lodging by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Siew, Jennifer) (Entered: 03/20/2024) (0) |
| Mar 19, 2024 | N/A | Minute Entry for proceedings held before Judge Christopher J. Burke - Hearing on Plaintiffs' Motion for Preliminary Injunction held on March 19, 2024. The Court heard the parties' arguments regarding Plaintiffs' Motion for Preliminary Injunction. (D.I. 98) The Court took the matter under advisement. (Clerk: A. Herman)Appearances: D. Silver, S. Roberts, J. Leonard and J. Guhaniyogi for Plaintiffs; M. Gaertner, D. Abramowitz, C. Blessing, J. Turpin, L. Brackensick, P. Kraman, A. Stombaugh, J. Siew, B. Zimmerman, A. Cheek, C. Pitzel Cruz and M. Haney for Defendants. (Court Reporter Jennifer Guy) (dlb) (Entered: 03/20/2024) (0) |
| Mar 18, 2024 | 176 | [SEALED] REPLY to Response to Motion re 143 MOTION for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit O, # 2 Certificate of Service)(Silver, Daniel) (Entered: 03/18/2024) (0) |
| Mar 18, 2024 | 177 | Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Case Citation for March 19, 2024 Hearing. (Attachments: # 1 Enclosure - Liberty Ammunition, Inc. v. United States, 835 F.3d 1388, 1396-97 (Fed. Cir. 2016))(Silver, Daniel) (Entered: 03/18/2024) (0) |
| Mar 15, 2024 | 154 | REDACTED DOCUMENT re 100 Declaration,,, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 4, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 17, # 6 Exhibit 18, # 7 Exhibit 19, # 8 Exhibit 20, # 9 Exhibit 22, # 10 Exhibit 23, # 11 Exhibit 24, # 12 Exhibit 25, # 13 Exhibit 26, # 14 Exhibit 27, # 15 Exhibit 28, # 16 Exhibit 29, # 17 Exhibit 30, # 18 Exhibit 32, # 19 Exhibit 33, # 20 Exhibit 34, # 21 Exhibit 35, # 22 Exhibit 36, # 23 Exhibit 37, # 24 Exhibit 40, # 25 Exhibit 41, # 26 Exhibit 42, # 27 Exhibit 44, # 28 Exhibit 47, # 29 Exhibit 51, # 30 Exhibit 55, # 31 Exhibit 57, # 32 Exhibit 58, # 33 Exhibit 59, # 34 Exhibit 60, # 35 Exhibit 63, # 36 Exhibit 66, # 37 Exhibit 67, # 38 Exhibit 68, # 39 Exhibit 69)(Joyce, Alexandra) Modified on 3/15/2024 (smg). (Entered: 03/15/2024) (0) |
| Mar 15, 2024 | 156 | [SEALED] RESPONSE to Motion re 143 MOTION for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 03/15/2024) (0) |
| Mar 15, 2024 | 158 | [SEALED] DECLARATION re 156 Response to Motion -- of Jonathan B. Turpin, Esq. by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit J - N)(Kraman, Pilar) (Entered: 03/15/2024) (0) |
| Mar 15, 2024 | N/A | CORRECTING ENTRY: Docket entries 153, 155, 157 and 159 have been removed per request of counsel, to be refiled. (smg) (Entered: 03/15/2024) (0) |
| Mar 15, 2024 | 159 | REDACTED VERSION of 99 Opening Brief in Support, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (29) |
| Mar 15, 2024 | 160 | REDACTED VERSION of 102 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 161 | REDACTED VERSION of 103 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 162 | REDACTED VERSION of 104 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 163 | REDACTED VERSION of 105 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 164 | REDACTED VERSION of 106 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (13) |
| Mar 15, 2024 | 165 | REDACTED VERSION of 141 Reply Brief by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (19) |
| Mar 15, 2024 | 166 | REDACTED VERSION of 142 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 167 | REDACTED VERSION of 143 MOTION for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (16) |
| Mar 15, 2024 | 168 | REDACTED VERSION of 144 Declaration, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 169 | REDACTED VERSION of 120 Answering Brief in Opposition, by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit A)(Kraman, Pilar) (Entered: 03/15/2024) (0) |
| Mar 15, 2024 | 170 | REDACTED VERSION of 121 Declaration of Walter Chambliss, Ph.D., by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 171 | REDACTED VERSION of 122 Declaration of Ivan T. Hofmann by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 172 | REDACTED VERSION of 123 Declaration Dr. John V. Kaspar by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 173 | REDACTED VERSION of 124 Declaration of Radojka Savic, Ph.D. by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 03/15/2024) (30) |
| Mar 15, 2024 | 174 | REDACTED VERSION of 125 Declaration, of Jonathan B. Turpin, Esquire [Volume 1 of 2 (Exhibits 73 - 110)] by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit 73 - 79, # 2 Exhibit 80 - 90, # 3 Exhibit 91 - 100, # 4 Exhibit 101 - 110)(Kraman, Pilar) (Entered: 03/15/2024) (0) |
| Mar 15, 2024 | 175 | REDACTED VERSION of 126 Declaration, of Jonathan B. Turpin [Volume 2 of 2 (Exhibits 111 - 151)] by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit 111 - 124, # 2 Exhibit 125 - 140, # 3 Exhibit 141 - 151)(Kraman, Pilar) (Entered: 03/15/2024) (0) |
| Mar 14, 2024 | N/A | SO ORDERED D.I. 149 Unopposed MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc., and D.I. 146 MOTION Defendants' Motion for Exemption of Persons From the District of Delaware's May 15, 2023 Standing Order on Personal Devices filed by Lupin Ltd., Lupin Pharmaceuticals, Inc. Ordered by Judge Christopher J. Burke on 3/14/2024. (dlb) (Additional attachment(s) added on 3/14/2024: # 1 order) (dlb). (Entered: 03/14/2024) (0) |
| Mar 14, 2024 | 150 | ORAL ORDER: The Court, having reviewed the parties' March 12, 2024 letter, (D.I. 148), hereby ORDERS as follows: (1) With regard to the length of the hearing, each side will have 3.25 hours to present their case (inclusive of argument and direct/cross examination), with each side being able to use their allocated time as they see fit. We will take 15-minute breaks in the morning and afternoon, and have at least 30 minutes for lunch.; (2) With regard to the format of the hearing, the Court ADOPTS the parties' proposal.; (3) With regard to the issue of sealing the courtroom, the parties should be aware that Court does not expect to do so, absent a strong showing pursuant to applicable law that such sealing is warranted (and that there is no other less restrictive way to present the evidence or argument to the Court). If there are requests for sealing, the parties should make every effort to limit the number of discrete instances in which they seek to seal the courtroom.; (4) With regard to the disputed issue, the Court is not entirely sure it understands the dispute in light of the wording the parties have used in presenting their respective proposals. That said, the Court's view is that a party can rely on deposition testimony for any purpose during the hearing if the deposition testimony has already been submitted to the Court as part of the record on the ECF docket. In other words, the Court does not want have a situation where a party makes reference to a deposition transcript during the hearing (other than for impeachment purposes) and that transcript is not a part of the electronic case record on ECF, such that the Court would not be able to go back and review the transcript later by looking to the docket.; and (5) With regard to the parties' request to access the Courtroom for tech setup, they should contact the Court's Courtroom Deputy, Ms. Benyo to arrange this. Ordered by Judge Christopher J. Burke on 3/14/2024. (dlb) (Entered: 03/14/2024) (0) |
| Mar 14, 2024 | 151 | [SEALED] NOTICE of Lodging - Volume 1 of 2 by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Attachments: # 1 Exhibit A&B, # 2 Certificate of Service)(Joyce, Alexandra) (Entered: 03/14/2024) (0) |
| Mar 14, 2024 | 152 | [SEALED] NOTICE of Lodging - Volume 2 of 2 by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Attachments: # 1 Exhibit C & D, # 2 Certificate of Service)(Joyce, Alexandra) (Entered: 03/14/2024) (0) |
| Mar 13, 2024 | 149 | Unopposed MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Joyce, Alexandra) (Entered: 03/13/2024) (0) |
| Mar 12, 2024 | 146 | MOTION Defendants' Motion for Exemption of Persons From the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Proposed Order)Motions referred to Christopher J. Burke.(Haney, Megan) (Entered: 03/12/2024) (0) |
| Mar 12, 2024 | 147 | ORAL ORDER: Courtroom 2A is currently being used by a visiting Judge for a trial that will go through the week of March 18. In light of this, the Court hereby ORDERS that the preliminary injunction hearing scheduled for March 19, 2024 at 9:00 a.m. before Judge Christopher J. Burke will be held in Courtroom 2B. Ordered by Judge Christopher J. Burke on 3/12/2024. (dlb) (Entered: 03/12/2024) (0) |
| Mar 12, 2024 | 148 | Joint Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding preliminary injunction hearing. (Silver, Daniel) (Entered: 03/12/2024) (3) |
| Mar 8, 2024 | 145 | ORAL ORDER: The Court, having reviewed Plaintiffs' Motion for Leave to File Reply Declarations ("Motion"), (D.I. 143), hereby ORDERS that by no later than March 15, 2024, Defendants shall file an answering brief in opposition to the Motion of no more than four (4) single-spaced pages in no less than 12-point font. By no later than March 22, 2024, Plaintiffs shall file a reply letter brief of no more than two (2) single-spaced pages in no less than 12-point font. Ordered by Judge Christopher J. Burke on 3/8/2024. (dlb) (Entered: 03/08/2024) (0) |
| Mar 6, 2024 | 141 | [SEALED] REPLY BRIEF re 98 MOTION for Preliminary Injunction filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 03/06/2024) (0) |
| Mar 6, 2024 | 142 | [SEALED] DECLARATION re 141 Reply Brief of Vincent Li, Esq. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit 152, # 2 Exhibit 153-160, # 3 Exhibit 161-167, # 4 Certificate of Service)(Silver, Daniel) (Entered: 03/06/2024) (0) |
| Mar 6, 2024 | 143 | [SEALED] MOTION for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1. Certification, # 3 Certificate of Service)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 03/06/2024) (0) |
| Mar 6, 2024 | 144 | [SEALED] DECLARATION re 143 MOTION for Leave to File Reply Declarations of David R. Taft, Ph.D. and Steven R. Little, Ph.D. of Vincent Li, Esq. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit A-I Pt. 1, # 2 Exhibit A-I Pt. 2, # 3 Certificate of Service)(Silver, Daniel) (Entered: 03/06/2024) (0) |
| Feb 28, 2024 | 140 | STIPULATION TO EXTEND TIME for the parties to submit redacted briefing for Plaintiffs' Motion for Preliminary Injunction to March 15, 2024 - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan) (Entered: 02/28/2024) (2) |
| Feb 28, 2024 | N/A | SO ORDERED D.I. 140 STIPULATION TO EXTEND TIME for the parties to submit redacted briefing for Plaintiffs' Motion for Preliminary Injunction to March 15, 2024 filed by Lupin Ltd., Lupin Pharmaceuticals, Inc. Due to the number of extensions granted, it is ORDERED that any further requests of this nature will be denied absent good cause. Ordered by Judge Christopher J. Burke on 2/28/2024. (dlb) (Entered: 02/28/2024) (0) |
| Feb 23, 2024 | 139 | SO ORDERED D.I. 137 STIPULATION TO EXTEND TIME for Various Deadlines. Amended Scheduling Order Deadlines: Claim Construction Opening Brief due by 4/18/2024., Amended Pleadings due by 7/25/2024., Fact Discovery completed by 8/22/2024., Opening Expert Reports due by 10/2/2024., Rebuttal Expert Reports due by 11/6/2024., Expert Discovery due by 1/15/2025., Joinder of Parties due by 7/25/2024., A Markman Hearing is set for 8/21/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. Please see Stipulation for further details and deadlines. Signed by Judge Christopher J. Burke on 2/22/2024. (dlb) (Entered: 02/23/2024) (4) |
| Feb 22, 2024 | 138 | Amended NOTICE of Deposition of Walter Chambliss, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Joyce, Alexandra) (Entered: 02/22/2024) (2) |
| Feb 21, 2024 | 137 | STIPULATION TO EXTEND TIME for Various Deadlines to (see Stipulation for Details) - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 02/21/2024) (4) |
| Feb 16, 2024 | 134 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Lupin Limited and Lupin Pharmaceuticals, Inc.'s First Set of Requests for Production (No. 1) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 02/16/2024) (2) |
| Feb 16, 2024 | 135 | STIPULATION TO EXTEND TIME for Defendants to submit public redacted versions of the Answering Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction and Supporting Declarations to March 1, 2024 - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan) (Entered: 02/16/2024) (2) |
| Feb 16, 2024 | N/A | SO ORDERED D.I. 135 STIPULATION TO EXTEND TIME for Defendants to submit public redacted versions of the Answering Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction and Supporting Declarations to March 1, 2024 filed by Lupin Ltd., Lupin Pharmaceuticals, Inc. Ordered by Judge Christopher J. Burke on 2/16/2024. (mlc) (Entered: 02/16/2024) (0) |
| Feb 16, 2024 | 136 | NOTICE to Take Deposition of Radojka Savic, Ph.D. on February 20, 2024 at 9:00 am PST filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 02/16/2024) (2) |
| Feb 15, 2024 | 132 | NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc.'s, and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' Second Set of Interrogatories to Zydus (No. 3). filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Kraman, Pilar) (Entered: 02/15/2024) (2) |
| Feb 15, 2024 | 133 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' Second Set of Interrogatories (No. 3) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 02/15/2024) (2) |
| Feb 14, 2024 | 127 | NOTICE to Take Deposition of Walter Chambliss, Ph.D. on February 26, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 02/14/2024) (2) |
| Feb 14, 2024 | 128 | NOTICE to Take Deposition of Ivan T. Hofman on February 27, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 02/14/2024) (2) |
| Feb 14, 2024 | 129 | NOTICE to Take Deposition of Dr. John V. Kaspar on February 23, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 02/14/2024) (2) |
| Feb 14, 2024 | 130 | NOTICE to Take Deposition of Radojka Savic, Ph.D. on February 20, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 02/14/2024) (2) |
| Feb 14, 2024 | 131 | Amended NOTICE of Deposition of Ivan T. Hofmann by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (Joyce, Alexandra) (Entered: 02/14/2024) (2) |
| Feb 13, 2024 | 120 | [SEALED] ANSWERING BRIEF in Opposition re 98 MOTION for Preliminary Injunction filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..Reply Brief due date per Local Rules is 2/20/2024. (Attachments: # 1 Exhibit A)(Kraman, Pilar) (Entered: 02/13/2024) (0) |
| Feb 13, 2024 | 121 | [SEALED] DECLARATION re 120 Answering Brief in Opposition, of Walter Chambliss, Ph.D., by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 02/13/2024) (0) |
| Feb 13, 2024 | 122 | [SEALED] DECLARATION re 120 Answering Brief in Opposition, of Ivan T. Hoffman by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 02/13/2024) (0) |
| Feb 13, 2024 | 123 | [SEALED] DECLARATION re 120 Answering Brief in Opposition, of Dr. John V. Kaspar, by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 02/13/2024) (0) |
| Feb 13, 2024 | 124 | [SEALED] DECLARATION re 120 Answering Brief in Opposition, of Radojka Savic, Ph.D., by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 02/13/2024) (0) |
| Feb 13, 2024 | 125 | [SEALED] DECLARATION re 120 Answering Brief in Opposition, of Jonathan B. Turpin, Esquire [Volume 1 of 2 (Exhibits 73 - 110)] by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit 73 - 79, # 2 Exhibit 80 - 90, # 3 Exhibit 91 - 100, # 4 Exhibit 101 - 110)(Kraman, Pilar) (Entered: 02/13/2024) (0) |
| Feb 13, 2024 | 126 | [SEALED] DECLARATION re 120 Answering Brief in Opposition, of Jonathan B. Turpin [Volume 2 of 2 (Exhibits 111 - 151)] by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit 111 - 124, # 2 Exhibit 125 - 140, # 3 Exhibit 141 - 151)(Kraman, Pilar) (Entered: 02/13/2024) (0) |
| Feb 9, 2024 | 119 | STIPULATION TO EXTEND TIME for Plaintiffs to submit public redacted versions of the Opening Brief and Supporting Declarations regarding Plaintiffs' Motion for Preliminary Injunction (D.I. 99, 100, 102, 103, 104, 105 and 106) to February 16, 2024 - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Haney, Megan) (Entered: 02/09/2024) (2) |
| Feb 9, 2024 | N/A | SO ORDERED D.I. 119 STIPULATION TO EXTEND TIME for Plaintiffs to submit public redacted versions of the Opening Brief and Supporting Declarations regarding Plaintiffs' Motion for Preliminary Injunction (D.I. 99, 100, 102, 103, 104, 105 and 106) to February 16, 2024 filed by Lupin Ltd., Lupin Pharmaceuticals, Inc. Ordered by Judge Christopher J. Burke on 2/9/2024. (dlb) (Entered: 02/09/2024) (0) |
| Feb 2, 2024 | 118 | STIPULATION TO EXTEND TIME the deadline for Plaintiffs to submit public redacted versions of the Opening Brief and Supporting Declarations regarding Plaintiffs' Motion for Preliminary Injunction (D.I. 99, 100, 102, 103, 104, 105, and 106) to February 9, 2024 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 02/02/2024) (2) |
| Feb 2, 2024 | N/A | SO ORDERED D.I. 118 STIPULATION TO EXTEND TIME the deadline for Plaintiffs to submit public redacted versions of the Opening Brief and Supporting Declarations regarding Plaintiffs' Motion for Preliminary Injunction (D.I. 99, 100, 102, 103, 104, 105, and 106) to Febr filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 2/2/2024. (dlb) (Entered: 02/02/2024) (0) |
| Feb 1, 2024 | 112 | NOTICE to Take Deposition of Dr. Steven R. Little on February 8, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 02/01/2024) (3) |
| Feb 1, 2024 | 113 | NOTICE to Take Deposition of Dr. David R. Taft on February 1, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 02/01/2024) (3) |
| Feb 1, 2024 | 114 | NOTICE to Take Deposition of Dr. Christopher A. Vellturo on February 1, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 02/01/2024) (3) |
| Feb 1, 2024 | 115 | NOTICE to Take Deposition of Mark Schwitzenberg on February 2, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 02/01/2024) (3) |
| Feb 1, 2024 | 116 | NOTICE to Take Deposition of Dr. Victor W. Nitti on January 31, 2024 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Kraman, Pilar) (Entered: 02/01/2024) (3) |
| Feb 1, 2024 | 117 | ORAL ORDER: The Court has reviewed the parties' motions for claim construction, (D.I. 110; D.I. 111), which were filed in conformance with the current Scheduling Order's requirements. The Court notes that since the Scheduling Order was entered in this case, (D.I. 50), it has changed its policies regarding when parties must file their motions for claim construction; the Court now requires parties to file those motions concurrently with the filing of the Joint Claim Construction Brief. See paragraph 13 of Judge Burke's "Rule 16 Scheduling OrderPatent" found on Judge Burke's portion of the District Court's website. In light of this, the Court hereby ORDERS that the parties shall re-file their motions for claim construction concurrently with the filing of the Joint Claim Construction Brief. Ordered by Judge Christopher J. Burke on 2/1/2024. (dlb) (Entered: 02/01/2024) (0) |
| Jan 31, 2024 | 108 | CLAIM Construction Chart by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 01/31/2024) (5) |
| Jan 31, 2024 | 109 | Joint APPENDIX re 108 Claim Construction Chart by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Silver, Daniel) (Entered: 01/31/2024) (0) |
| Jan 31, 2024 | 110 | Joint MOTION for Claim Construction re 108 Claim Construction Chart - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. Motions referred to Christopher J. Burke.(Stombaugh, Alexis) (Entered: 01/31/2024) (2) |
| Jan 31, 2024 | 111 | MOTION for Claim Construction re 108 Claim Construction Chart - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 01/31/2024) (0) |
| Jan 29, 2024 | N/A | CORRECTING ENTRY: Declaration Filed at D.I. 104 on 1/26/2024 was replaced with the corrected confidentiality stamp, per Counsel's request. (jfm) (Entered: 01/29/2024) (0) |
| Jan 29, 2024 | 107 | STATEMENT re 103 Declaration, Errata to the Declaration of David R. Taft, Ph.D. In Support of Plaintiffs' Motion for Preliminary Injunction by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 01/29/2024) (1) |
| Jan 26, 2024 | 98 | MOTION for Preliminary Injunction - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Proposed Order, # 2 Rule 7.1.1 Certification)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 99 | [SEALED] OPENING BRIEF in Support re 98 MOTION for Preliminary Injunction filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..Answering Brief/Response due date per Local Rules is 2/9/2024. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 100 | [SEALED] DECLARATION re 99 Opening Brief in Support, 98 MOTION for Preliminary Injunction Declaration of Vincent Li [VOLUME 1 - CONFIDENTIAL EXHIBITS] by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Ex. 2, # 2 Ex. 4, # 3 Ex. 11, # 4 Ex. 12, # 5 Ex. 17, # 6 Ex. 18, # 7 Ex. 19, # 8 Ex. 20, # 9 Ex. 22, # 10 Ex. 23, # 11 Ex. 24, # 12 Ex. 25, # 13 Ex. 26, # 14 Ex. 27, # 15 Ex. 28, # 16 Ex. 29, # 17 Ex. 30, # 18 Ex. 32, # 19 Ex. 33, # 20 Ex. 34, # 21 Ex. 35, # 22 Ex. 36, # 23 Ex. 37, # 24 Ex. 40, # 25 Ex. 41, # 26 Ex. 42, # 27 Ex. 43, # 28 Ex. 44, # 29 Ex. 47, # 30 Ex. 51, # 31 Ex. 55, # 32 Ex. 57, # 33 Ex. 58, # 34 Ex. 59, # 35 Ex. 60, # 36 Ex. 63, # 37 Ex. 66, # 38 Ex. 67, # 39 Ex. 68, # 40 Ex. 69, # 41 Certificate of Service)(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 101 | DECLARATION re 99 Opening Brief in Support, 98 MOTION for Preliminary Injunction , 100 Declaration,,, Declaration of Vincent Li [VOLUME 2 - Non Confidential Exhibits] by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Ex. 1, # 2 Ex. 3, # 3 Ex. 5, # 4 Ex. 6, # 5 Ex. 7, # 6 Ex. 8, # 7 Ex. 9, # 8 Ex. 10, # 9 Ex. 13, # 10 Ex. 14, # 11 Ex. 15, # 12 Ex. 16, # 13 Ex. 21, # 14 Ex. 31, # 15 Ex. 38, # 16 Ex. 39, # 17 Ex. 45, # 18 Ex. 46, # 19 Ex. 48, # 20 Ex. 49, # 21 Ex. 50, # 22 Ex. 52, # 23 Ex. 53, # 24 Ex. 54, # 25 Ex. 56, # 26 Ex. 61, # 27 Ex. 62, # 28 Ex. 64, # 29 Ex. 65, # 30 Ex. 70, # 31 Ex. 71, # 32 Ex. 72)(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 102 | [SEALED] DECLARATION re 98 MOTION for Preliminary Injunction , 99 Opening Brief in Support, Declaration of Victor W. Nitti, MD by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 103 | [SEALED] DECLARATION re 98 MOTION for Preliminary Injunction , 99 Opening Brief in Support, Declaration of David R. Taft, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 104 | [SEALED] DECLARATION re 98 MOTION for Preliminary Injunction , 99 Opening Brief in Support, Declaration of Steven R. Little, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Main Document 104 replaced on 1/29/2024) (jfm). (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 105 | [SEALED] DECLARATION re 98 MOTION for Preliminary Injunction , 99 Opening Brief in Support, Declaration of Christopher A. Vellturo, Ph.D. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 26, 2024 | 106 | [SEALED] DECLARATION re 98 MOTION for Preliminary Injunction , 99 Opening Brief in Support, Declaration of Mark Schwitzenberg by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 01/26/2024) (0) |
| Jan 24, 2024 | 97 | NOTICE requesting Clerk to remove Rodney Swartz as co-counsel.. (Joyce, Alexandra) (Entered: 01/24/2024) (2) |
| Jan 23, 2024 | N/A | SO ORDERED D.I. 96 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit the Joint Claim Construction Chart to January 31, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/23/2024. (dlb) (Entered: 01/23/2024) (0) |
| Jan 22, 2024 | 94 | SO ORDERED D.I. 92 Stipulation filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. See Stipulation for deadlines and further details.. Signed by Judge Christopher J. Burke on 1/19/2024. (dlb) (Entered: 01/22/2024) (4) |
| Jan 22, 2024 | 95 | ORAL ORDER: The preliminary injunction hearing will be held before Judge Burke in Courtroom 2A on March 19, 2024 beginning at 9:00 a.m. By no later than March 12, 2024, the parties shall advise the Court how much time they believe should be allocated for the hearing, and of the identities of the witnesses appearing live or by deposition at the hearing and the order of those witnesses. Ordered by Judge Christopher J. Burke on 1/22/2024. (dlb) (Entered: 01/22/2024) (0) |
| Jan 22, 2024 | N/A | SO ORDERED D.I. 93 Stipulation regarding Prior Discovery filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/22/2024. (dlb) (Entered: 01/22/2024) (0) |
| Jan 22, 2024 | 96 | STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit the Joint Claim Construction Chart to January 31, 2024 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 01/22/2024) (2) |
| Jan 19, 2024 | 93 | STIPULATION and [Proposed] Oder regarding Prior Discovery by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 01/19/2024) (4) |
| Jan 18, 2024 | 92 | STIPULATION and [Proposed] Order Regarding Preliminary Injunction Proceedings by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 01/18/2024) (4) |
| Jan 17, 2024 | 91 | NOTICE OF SERVICE of Lupin Limited and Lupin Pharmaceuticals, Inc.'s First Set of Requests for Production of Documents and Things (No. 1) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 01/17/2024) (2) |
| Jan 16, 2024 | N/A | SO ORDERED D.I. 81 MOTION for Pro Hac Vice Appearance of Attorney Jacob Michael Bass filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/16/24. (dlb) (Entered: 01/16/2024) (0) |
| Jan 16, 2024 | 90 | NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories to Defendants filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 01/16/2024) (3) |
| Jan 12, 2024 | N/A | SO ORDERED D.I. 84 STIPULATION TO EXTEND TIME to exchange lists of claim terms/phrases that need construction and proposed claim construction to January 12, 2024 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 1/11/2024. (dlb) (Entered: 01/12/2024) (0) |
| Jan 12, 2024 | 85 | REDACTED VERSION of 79 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 01/12/2024) (30) |
| Jan 12, 2024 | 86 | NOTICE OF SERVICE of Lupin Limited and Lupin Pharmaceuticals, Inc.'s Notice Pursuant to D.I. 83 and D.I. 77-1 filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 01/12/2024) (2) |
| Jan 12, 2024 | 87 | NOTICE OF SERVICE of Plaintiffs' List of Claim Terms and Proposed Claim Constructions filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 01/12/2024) (3) |
| Jan 12, 2024 | 88 | NOTICE OF SERVICE of Defendants' Disclosure of Claim Terms and Constructions filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 01/12/2024) (2) |
| Jan 12, 2024 | 89 | NOTICE OF SERVICE of Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Notice Pursuant to D.I. 83 and D.I. 77-1 filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 01/12/2024) (2) |
| Jan 11, 2024 | 84 | STIPULATION TO EXTEND TIME to exchange lists of claim terms/phrases that need construction and proposed claim construction to January 12, 2024 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 01/11/2024) (2) |
| Jan 10, 2024 | 81 | MOTION for Pro Hac Vice Appearance of Attorney Jacob Michael Bass - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certification for Jacob Michael Bass)Motions referred to Christopher J. Burke.(Joyce, Alexandra) (Entered: 01/10/2024) (0) |
| Jan 10, 2024 | 82 | Pro Hac Vice Fee - Credit Card Payment received for Jacob Michael Bass. ( re 81 MOTION for Pro Hac Vice Appearance of Attorney Jacob Michael Bass )( Payment of $ 50, receipt number ADEDC-4311087).(Joyce, Alexandra) (Entered: 01/10/2024) (0) |
| Jan 10, 2024 | 83 | ORAL ORDER: The Court has reviewed the parties' pending discovery dispute motion ("Motion"), (D.I. 73), in which they take different positions about how to manage a potential preliminary injunction process in this case. The parties discussed that issue with the Court during an October 23, 2023 Case Management Conference, (D.I. 39), and then further presented their positions and the reasons for them in a December 15, 2023 Interim Status Report, (D.I. 71), and again in supplemental letter briefs, (D.I. 77; D.I. 79). In light of that, the Court has more than enough information about the parties' views to make a decision, and therefore today's scheduled videoconference, (D.I. 75), is CANCELED. With regard to the Motion, the Court ADOPTS Defendants' proposal. (D.I. 77-1) Although ANDA litigation is unique in some ways as compared to other forms of civil litigation (including other types of patent litigation), the Court generally tries to treat ANDA cases just as it would other civil matters. And in the main, courts rely on a plaintiff who intends to file a preliminary injunction motion ("PI Motion") to gather, on its own, whatever evidence it believes supports such a motion, prior to filing that motion with the court. That is because courts are not usually in the business of ordering parties to produce information relating to an issue that is not yet part of a case, or relating to a motion that has not yet been filed in a case (and may never be filed). Defendants' proposal here--by which they will provide notice as of a certain date of whether they will agree not to launch their ANDA products until a final trial decision in this matter--is less invasive than Plaintiffs' proposal and better aligns with this typical approach. It is also the path that another Judge of this Court followed in Novartis v. Accord Healthcare Inc., No. 18-1043-LPS (D. Del. Oct. 25, 2018) (cited in D.I. 77, ex. 1), and it is generally in accord with a number of other judicial decisions on this issue, (see D.I. 77 at 2). Ordered by Judge Christopher J. Burke on 1/10/2024. (dlb) (Entered: 01/10/2024) (0) |
| Jan 8, 2024 | 80 | NOTICE OF SERVICE of Defendants' Joint Invalidity Contentions filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 01/08/2024) (2) |
| Jan 5, 2024 | 78 | REDACTED VERSION of 77 Letter, by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Attachments: # 1 Exhibit 1 - 6)(Kraman, Pilar) (Entered: 01/05/2024) (0) |
| Jan 5, 2024 | 79 | [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Response to Defendants' Letter regarding Preliminary Injunction Scheduling & Discovery Disputes. (Attachments: # 1 Exhibit A-M, # 2 Certificate of Service)(Silver, Daniel) (Entered: 01/05/2024) (0) |
| Dec 29, 2023 | 77 | [SEALED] Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding Preliminary Injunction Scheduling & Discovery Disputes - re 75 Order Setting Teleconference,,,,,,. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Kraman, Pilar) (Entered: 12/29/2023) (0) |
| Dec 26, 2023 | N/A | SO ORDERED, re 74 Stipulation of Dismissal as to Sandoz Inc. Sandoz Inc. terminated. Attorney Elizabeth A. DeFelice; Dominick T. Gattuso; Greg L. Goldblatt; William A. Rakoczy; Rachel P. Waldron; Steven J. Birkos and Kevin P. Burke terminated. Signed by Judge Gregory B. Williams on 12/22/23. (ntl) (Entered: 12/26/2023) (0) |
| Dec 22, 2023 | 76 | REDACTED VERSION of 71 Status Report by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 12/22/2023) (4) |
| Dec 21, 2023 | 74 | STIPULATION of Dismissal with Prejudice by Sandoz Inc.. (Gattuso, Dominick) (Entered: 12/21/2023) (2) |
| Dec 21, 2023 | 75 | ORAL ORDER Setting Videoconference: The Court, having reviewed the parties' interim status report, (D.I. 71), hereby ORDERS as follows: (1) A discovery dispute videoconference using the Microsoft Teams platform is set for January 10, 2024 at 3:00 p.m. before Judge Christopher J. Burke.; (2) By December 29, 2023, Defendants shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and their position on those issues. By no later than January 5, 2024, Plaintiffs shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the reasons for their opposition.; (3) By no later than January 5, 2024, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the videoconference.; (4) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (5) The Court may choose to resolve the dispute prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 12/21/2023. (dlb) (Entered: 12/21/2023) (0) |
| Dec 20, 2023 | 72 | Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding request for discovery teleconference. (Kraman, Pilar) (Entered: 12/20/2023) (2) |
| Dec 20, 2023 | 73 | MOTION for Teleconference to Resolve Discovery Dispute re 72 Letter - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. Motions referred to Christopher J. Burke.(Kraman, Pilar) (Entered: 12/20/2023) (3) |
| Dec 15, 2023 | 71 | [SEALED] Interim STATUS REPORT by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 12/15/2023) (0) |
| Dec 11, 2023 | 68 | NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' First Set of Interrogatories to Zydus (Nos. 1-2); and 2) Defendants Zydus Pharmaceuticals (USA) Inc.'s and Zydus Lifesciences Limited's Objections and Responses to Plaintiffs' First Set of Requests to Defendants for the Production of Documents and Things (Nos. 1 - 2). filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 12/11/2023) (2) |
| Dec 11, 2023 | 69 | REQUEST for Oral Argument by Lupin Ltd., Lupin Pharmaceuticals, Inc. re 41 MOTION Defendants' Motion to Determine Relatedness to C.A. No. 20-1589-JFB-CJB and Transfer of Case to Judge Bataillon . (Phillips, John) (Entered: 12/11/2023) (1) |
| Dec 11, 2023 | 70 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (Nos. 1-2) and Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-2) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 12/11/2023) (2) |
| Dec 7, 2023 | 67 | STIPULATION TO EXTEND TIME for the parties to file a joint interim status report to December 15, 2023 - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Stombaugh, Alexis) (Entered: 12/07/2023) (2) |
| Dec 7, 2023 | N/A | SO ORDERED D.I. 67 STIPULATION TO EXTEND TIME for the parties to file a joint interim status report to December 15, 2023 filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited. Ordered by Judge Christopher J. Burke on 12/7/2023. (dlb) (Entered: 12/07/2023) (0) |
| Dec 5, 2023 | N/A | SO ORDERED D.I. 66 Second STIPULATION TO EXTEND TIME for Sandoz to serve its Rule 26(a)(1) Initial Disclosures, E-Discovery Default Standard Disclosures, and Default Standard 4(b) Disclosures to December 21, 2023 filed by Sandoz Inc. Ordered by Judge Christopher J. Burke on 12/5/2023. (dlb) (Entered: 12/05/2023) (0) |
| Dec 4, 2023 | 64 | REPLY BRIEF re 41 MOTION Defendants' Motion to Determine Relatedness to C.A. No. 20-1589-JFB-CJB and Transfer of Case to Judge Bataillon filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Phillips, John) (Entered: 12/04/2023) (11) |
| Dec 4, 2023 | 65 | DECLARATION re 64 Reply Brief of Andrea Cheek by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 9, # 6 Exhibit 10)(Phillips, John) (Entered: 12/04/2023) (0) |
| Dec 4, 2023 | 66 | Second STIPULATION TO EXTEND TIME for Sandoz to serve its Rule 26(a)(1) Initial Disclosures, E-Discovery Default Standard Disclosures, and Default Standard 4(b) Disclosures to December 21, 2023 - filed by Sandoz Inc.. (Gattuso, Dominick) (Entered: 12/04/2023) (2) |
| Nov 28, 2023 | 63 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Disclosures Pursuant to Paragraph 7(b) of the Scheduling Order and Production of Core Technical Documents filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 11/28/2023) (2) |
| Nov 27, 2023 | 61 | NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Identifying Defendants' Accused Products and Plaintiffs' Asserted Patent filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 11/27/2023) (4) |
| Nov 27, 2023 | 62 | NOTICE OF SERVICE of Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Core Technical Documents bearing Bates Numbers ZYDMYB0173729 ZYDMYB0175944. filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 11/27/2023) (2) |
| Nov 22, 2023 | 60 | NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contention Charts filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Silver, Daniel) (Entered: 11/22/2023) (4) |
| Nov 20, 2023 | 58 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 11/20/2023) (2) |
| Nov 20, 2023 | 59 | ANSWERING BRIEF in Opposition re 41 MOTION Defendants' Motion to Determine Relatedness to C.A. No. 20-1589-JFB-CJB and Transfer of Case to Judge Bataillon filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..Reply Brief due date per Local Rules is 11/27/2023. (Attachments: # 1 Exhibit A-C)(Silver, Daniel) (Entered: 11/20/2023) (0) |
| Nov 17, 2023 | 57 | NOTICE OF SERVICE of 1) Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery; and 2) Defendants Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited's Fed. R. Civ. P. 26(a)(1) Initial Disclosures filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Stombaugh, Alexis) (Entered: 11/17/2023) (2) |
| Nov 16, 2023 | 54 | STIPULATION TO EXTEND TIME for Sandoz to serve its Rule 26(a)(1) Initial Disclosures, E-Discovery Default Standard Disclosures, and Default Standard 4(b) Disclosures to December 7, 2023 - filed by Sandoz Inc.. (Gattuso, Dominick) (Entered: 11/16/2023) (2) |
| Nov 16, 2023 | N/A | SO ORDERED D.I. 54 STIPULATION TO EXTEND TIME for Sandoz to serve its Rule 26(a)(1) Initial Disclosures, E-Discovery Default Standard Disclosures, and Default Standard 4(b) Disclosures to December 7, 2023 filed by Sandoz Inc. Ordered by Judge Christopher J. Burke on 11/16/2023. (dlb) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | 55 | NOTICE OF SERVICE of (1) Plaintiffs' Disclosures Pursuant to Paragraph 3 of the Court's Default Standard for Discovery; and (2) Plaintiffs' Rule 26(a)(1) Initial Disclosures for Litigation Involving U.S. Patent No. 11,707,451 filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 11/16/2023) (4) |
| Nov 16, 2023 | 56 | NOTICE OF SERVICE of Lupin Ltd. and Lupin Pharmaceuticals, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..(Haney, Megan) (Entered: 11/16/2023) (2) |
| Nov 13, 2023 | N/A | SO ORDERED D.I. 51 STIPULATION TO EXTEND TIME the Parties Deadline for Briefing regarding Defendants Motion to Determine Relatedness to C.A. No. 20-1589-JFB and Transfer of Case to Judge Bataillon to November 20, 2023 & December 4, 2023 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 11/13/2023. (dlb) (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 53 | STIPULATION TO EXTEND TIME (1) Plaintiffs to serve their Infringement Contentions and (2) Defendants to serve their Invalidity Contentions to See Stip for Details - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 11/13/2023) (2) |
| Nov 13, 2023 | N/A | SO ORDERED D.I. 53 STIPULATION TO EXTEND TIME (1) Plaintiffs to serve their Infringement Contentions and (2) Defendants to serve their Invalidity Contentions to See Stip for Details filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 11/13/2023. (dlb) (Entered: 11/13/2023) (0) |
| Nov 10, 2023 | 52 | NOTICE OF SERVICE of (1) Plaintiffs' First Set of Interrogatories to Defendants (Nos. 1-2); and (2) Plaintiffs' First Set of Requests to Defendants for the Production of Documents and Things (Nos. 1-2) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 11/10/2023) (4) |
| Nov 9, 2023 | 51 | STIPULATION TO EXTEND TIME the Parties Deadline for Briefing regarding Defendants Motion to Determine Relatedness to C.A. No. 20-1589-JFB and Transfer of Case to Judge Bataillon to November 20, 2023 & December 4, 2023 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 11/09/2023) (2) |
| Nov 8, 2023 | 49 | PROPOSED ORDER [Corrected] Patent Case Scheduling Order by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Phillips, John) (Entered: 11/08/2023) (18) |
| Nov 8, 2023 | 50 | Amended SCHEDULING ORDER: Joinder of Parties due by 05/30/2024. Amended Pleadings due by 05/30/2024. Discovery due by 6/28/2024. Opening Expert Reports due by 8/8/2024. Rebuttal Expert Reports due by 9/12/2024. Reply Expert Reports due by 10/10/2024. Expert Discovery due by 11/22/2024. Status Report due by 12/8/2023. Claim Construction Opening Brief due by 2/22/2024. Claim Construction Answering Brief due by 3/21/2024. Claim Construction Reply Brief due by 4/18/2024. Claim Construction Surreply Brief due by 5/9/2024. Joint Claim Construction Brief due by 5/16/2024. A Markman Hearing is set for 5/29/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 9/4/2025 at 03:00 PM in Courtroom 6B before Judge Gregory B. Williams. A 5-day Bench Trial is set for 9/8/2025 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams.. Signed by Judge Christopher J. Burke on 11/8/2023. (dlb) Modified on 11/13/2023 (dlb). (Entered: 11/08/2023) (16) |
| Nov 6, 2023 | 48 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendants' Joint First Set of Interrogatories (Nos. 1-3), (2) Plaintiffs' Objections and Responses to Defendants' Joint First Set of Requests for Production (Nos. 1-10), (3) Plaintiffs' Objections and Responses to Zydus's First Set of Requests for Production (No. 1), and (4) Plaintiffs' Objections and Responses to Zydus's First Set of Interrogatories (No. 1) filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 11/06/2023) (4) |
| Nov 3, 2023 | 46 | PROPOSED ORDER Protective Order by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 11/03/2023) (30) |
| Nov 3, 2023 | 47 | Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 11/3/2023. (dlb) (Entered: 11/03/2023) (30) |
| Nov 2, 2023 | 45 | SCHEDULING ORDER: Joinder of Parties due by 5/30/2024. Amended Pleadings due by 5/30/2024. Discovery due by 6/30/2024. Opening Expert Reports due by 8/8/2024. Rebuttal Expert Reports due by 9/12/2024. Reply Expert Reports due by 10/10/2024. Expert Discovery due by 11/22/2024. Status Report due by 12/8/2023. Claim Construction Opening Brief due by 2/22/2024. Claim Construction Answering Brief due by 3/21/2024. Claim Construction Reply Brief due by 4/18/2024. Claim Construction Surreply Brief due by 5/9/2024. Joint Claim Construction Brief due by 5/16/2024. A Markman Hearing is set for 5/29/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 9/4/2025 at 03:00 PM in Courtroom 6B before Judge Gregory B. Williams. A Bench Trial is set for 9/8/2025 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Please see Order for further details and deadlines. Signed by Judge Christopher J. Burke on 11/2/2023. (dlb) (Entered: 11/02/2023) (16) |
| Oct 31, 2023 | 44 | PROPOSED ORDER Patent Case Scheduling Order by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 10/31/2023) (18) |
| Oct 30, 2023 | 41 | MOTION Defendants' Motion to Determine Relatedness to C.A. No. 20-1589-JFB-CJB and Transfer of Case to Judge Bataillon - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Proposed Order, # 2 7.1.1 Statement)Motions referred to Christopher J. Burke.(Phillips, John) (Entered: 10/30/2023) (0) |
| Oct 30, 2023 | 42 | OPENING BRIEF in Support re 41 MOTION Defendants' Motion to Determine Relatedness to C.A. No. 20-1589-JFB-CJB and Transfer of Case to Judge Bataillon filed by Lupin Ltd., Lupin Pharmaceuticals, Inc..Answering Brief/Response due date per Local Rules is 11/13/2023. (Phillips, John) (Entered: 10/30/2023) (11) |
| Oct 30, 2023 | 43 | DECLARATION re 41 MOTION Defendants' Motion to Determine Relatedness to C.A. No. 20-1589-JFB-CJB and Transfer of Case to Judge Bataillon of Carol Pitzel Cruz by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Phillips, John) (Entered: 10/30/2023) (0) |
| Oct 27, 2023 | 40 | STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit a Proposed Scheduling Order to November 1, 2023 (October 27, 2023) - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 10/27/2023) (2) |
| Oct 27, 2023 | N/A | SO ORDERED D.I. 40 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit a Proposed Scheduling Order to November 1, 2023 (October 27, 2023) filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 10/27/2023. (mlc) (Entered: 10/27/2023) (0) |
| Oct 24, 2023 | 39 | Official Transcript of Case Management Conference held on 10/23/23 before Judge Christopher Burke. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. 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 11/14/2023. Redacted Transcript Deadline set for 11/27/2023. Release of Transcript Restriction set for 1/22/2024. (Warner, Deanna) (Entered: 10/24/2023) (56) |
| Oct 23, 2023 | 38 | NOTICE of Appearance by Elizabeth A. DeFelice on behalf of Sandoz Inc. (DeFelice, Elizabeth) (Entered: 10/23/2023) (2) |
| Oct 23, 2023 | N/A | Minute Entry for proceedings held before Judge Christopher J. Burke - Scheduling/Case Management Conference held on 10/23/2023. The Court provided certain dates to the parties and guidance on the parties' disputes. The Court ordered the parties to meet and confer and to submit a revised proposed scheduling order by the close of business on October 27, 2023. (Clerk: A. Herman) Appearances: J. Leonard, V. Li, S. Roberts and D. Silver, for Plaintiffs; A. Cheek, C. Cruz, M. Friedrichs, J. Phillips and W. Zimmerman for Defendant Lupin Ltd.; E. DeFelice, T. Lavery and R. Waldron for Defendant Sandoz Inc.; and D. Abramowitz, C. Blessing and P. Kraman for Defendant Zydus Pharmaceuticals (USA) Inc. (Court Reporter Deanna Warner) (dlb) (Entered: 10/24/2023) (0) |
| Oct 18, 2023 | 37 | REDACTED VERSION of 35 Letter, by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 10/18/2023) (29) |
| Oct 13, 2023 | 36 | ORAL ORDER: The Court, having reviewed the parties' joint letter regarding a proposed scheduling order, (D.I. 35), hereby ORDERS that a scheduling conference pursuant to Fed. R. Civ. P. 16 will be held utilizing the Microsoft Teams platform October 23, 2023 at 1:45 p.m. before Judge Christopher J. Burke. By no later than October 16, 2023, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the videoconference. Ordered by Judge Christopher J. Burke on 10/13/2023. (dlb) (Entered: 10/13/2023) (0) |
| Oct 11, 2023 | 35 | [SEALED] Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling Order Disputes and Three Most Significant Topics. (Attachments: # 1 Proposed Scheduling Order, # 2 Case Management Checklist)(Silver, Daniel) (Entered: 10/11/2023) (0) |
| Oct 6, 2023 | N/A | SO ORDERED D.I. 31 STIPULATION TO EXTEND TIME to submit (i) a copy of Judge Burke's Case Management Checklist, (ii) a Proposed Scheduling Order, and (iii) a joint letter to October 11, 2023 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Ordered by Judge Christopher J. Burke on 10/6/2023. (mlc) (Entered: 10/06/2023) (0) |
| Oct 6, 2023 | 32 | NOTICE to Take Deposition of Plaintiffs Astellas Pharma Inc., Astellas Ireland Co., Ltd., and Astellas Pharma Global Development, Inc., pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on a mutually agreed upon date, time, and location by the parties filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Kraman, Pilar) (Entered: 10/06/2023) (10) |
| Oct 6, 2023 | 33 | NOTICE OF SERVICE of 1) Zydus's Interrogatories to Plaintiffs (No. 1); and 2) Zydus's First Set of Requests for the Production of Documents and Things To Plaintiffs (No. 1) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Kraman, Pilar) (Entered: 10/06/2023) (2) |
| Oct 6, 2023 | 34 | NOTICE OF SERVICE of 1) Defendants' Joint Interrogatories to Plaintiffs (Nos. 1 - 3); and 2) Defendants' Joint First Set of Requests for the Production of Documents and Things to Plaintiffs (Nos. 1 - 10) filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Kraman, Pilar) (Entered: 10/06/2023) (2) |
| Oct 5, 2023 | 31 | STIPULATION TO EXTEND TIME to submit (i) a copy of Judge Burke's Case Management Checklist, (ii) a Proposed Scheduling Order, and (iii) a joint letter to October 11, 2023 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Silver, Daniel) (Entered: 10/05/2023) (2) |
| Sep 25, 2023 | N/A | Pro Hac Vice Attorney Jayita Guhaniyogi for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., and Astellas Pharma 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. (mpb) (Entered: 09/25/2023) (0) |
| Sep 25, 2023 | N/A | Pro Hac Vice Attorney Simon D. Roberts for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., and Astellas Pharma 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. (mpb) (Entered: 09/25/2023) (0) |
| Sep 14, 2023 | N/A | Pro Hac Vice Attorney Simon D. Roberts for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma 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. (twk) (Entered: 09/14/2023) (0) |
| Sep 13, 2023 | 29 | ANSWER to 17 Answer to Complaint, Counterclaim by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 09/13/2023) (5) |
| Sep 13, 2023 | 30 | ANSWER to 22 Answer to Complaint, Counterclaim by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc..(Joyce, Alexandra) (Entered: 09/13/2023) (9) |
| Sep 8, 2023 | N/A | Pro Hac Vice Attorneys Steven J. Birkos and Rachel P. Waldron for Sandoz 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. (mpb) (Entered: 09/08/2023) (0) |
| Sep 8, 2023 | N/A | Pro Hac Vice Attorney Kevin P. Burke for Sandoz 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. (mpb) (Entered: 09/08/2023) (0) |
| Sep 7, 2023 | N/A | Pro Hac Vice Attorney William R. Zimmerman for Lupin 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. (mpb) (Entered: 09/07/2023) (0) |
| Sep 7, 2023 | N/A | Pro Hac Vice Attorney Andrea L. Cheek for Lupin 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. (mpb) (Entered: 09/07/2023) (0) |
| Sep 7, 2023 | 28 | ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order that is consistent with Judge Burke's "Rule 16 Scheduling Order--Patent" up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 13-24 of Judge Williams' "Rule 16 Scheduling Order--Patent (Non-ANDA)"(i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions).; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Williams' portions of the District Court's website. Ordered by Judge Christopher J. Burke on 9/7/2023. (dlb) (Entered: 09/07/2023) (0) |
| Sep 5, 2023 | 27 | Letter to The Honorable Gregory B. Williams from Daniel M. Silver, Esq. regarding Court's August 16, 2023 Order. (Silver, Daniel) (Entered: 09/05/2023) (1) |
| Aug 31, 2023 | N/A | Pro Hac Vice Attorney Carol M. Pitzel Cruz for Lupin 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. (mkr) (Entered: 08/31/2023) (0) |
| Aug 31, 2023 | N/A | Pro Hac Vice Attorney William A. Rakoczy for Sandoz 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. (twk) (Entered: 08/31/2023) (0) |
| Aug 31, 2023 | N/A | Pro Hac Vice Attorney Greg L. Goldblatt for Sandoz 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. (twk) (Entered: 08/31/2023) (0) |
| Aug 31, 2023 | N/A | Pro Hac Vice Attorneys Michael J. Gaertner, Carolyn A. Blessing, Jonathan B. Turpin, Emily L. Savas, David B. Abramowitz, Leah M. Brackensick for Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) 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. (twk) (Entered: 08/31/2023) (0) |
| Aug 30, 2023 | N/A | SO ORDERED D.I. 26 MOTION for Pro Hac Vice Appearance of Attorney Simon D. Roberts, Jason A. Leonard, Vincent Li, and Jayita Guhaniyogi filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc., D.I. 19 MOTION for Pro Hac Vice Appearance of Attorney William R. Zimmerman, Andrea L. Cheek, Carol Pitzel Cruz and Matthew S. Friedrichs filed by Lupin Ltd., Lupin Pharmaceuticals, Inc., D.I. 25 MOTION for Pro Hac Vice Appearance of Attorney William A. Rakoczy, Rachel Pernic Waldron, Kevin P. Burke, Steven J. Birkos and Dr. Greg L. Goldblatt of Rakoczy Molino Mazzochi Siwik LLP filed by Sandoz Inc., and D.I. 24 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Gaertner, David B. Abramowitz, Carolyn A. Blessing, Emily L. Savas, Jonathan B. Turpin, and Leah Brackensick filed by Zydus Pharmaceuticals (USA) Inc., Zydus Lifesciences Limited. Ordered by Judge Christopher J. Burke on 8/30/2023. (dlb) (Entered: 08/30/2023) (0) |
| Aug 30, 2023 | N/A | Pro Hac Vice Attorney Vincent Li for Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., and for Astellas Pharma 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. (smg) (Entered: 08/30/2023) (0) |
| Aug 24, 2023 | 24 | MOTION for Pro Hac Vice Appearance of Attorney Michael J. Gaertner, David B. Abramowitz, Carolyn A. Blessing, Emily L. Savas, Jonathan B. Turpin, and Leah Brackensick - filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. Motions referred to Christopher J. Burke.(Stombaugh, Alexis) (Entered: 08/24/2023) (10) |
| Aug 24, 2023 | 25 | MOTION for Pro Hac Vice Appearance of Attorney William A. Rakoczy, Rachel Pernic Waldron, Kevin P. Burke, Steven J. Birkos and Dr. Greg L. Goldblatt of Rakoczy Molino Mazzochi Siwik LLP - filed by Sandoz Inc.. Motions referred to Christopher J. Burke.(Gattuso, Dominick) (Entered: 08/24/2023) (8) |
| Aug 24, 2023 | N/A | SO ORDERED, re 16 STIPULATION TO EXTEND the deadline for the parties to meet and confer and file a letter of no more than one page, single-spaced, indicating whether they jointly agree to consent to Magistrate Judge Burke conducting all proceedings in this case to 9/5/23 filed by Astellas Ireland Co., Ltd., Astellas Pharma Inc., Astellas Pharma Global Development, Inc. Signed by Judge Gregory B. Williams on 8/24/23. (ntl) (Entered: 08/24/2023) (0) |
| Aug 24, 2023 | 26 | MOTION for Pro Hac Vice Appearance of Attorney Simon D. Roberts, Jason A. Leonard, Vincent Li, and Jayita Guhaniyogi - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Certifications)Motions referred to Christopher J. Burke.(Joyce, Alexandra) (Entered: 08/24/2023) (0) |
| Aug 23, 2023 | 16 | STIPULATION TO EXTEND TIME the deadline for the parties to meet and confer and file a letter of no more than one page, single-spaced, indicating whether they jointly agree to consent to Magistrate Judge Burke conducting all proceedings in this case to September 5, 2023 - filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Joyce, Alexandra) (Entered: 08/23/2023) (2) |
| Aug 23, 2023 | 17 | ANSWER to 1 Complaint, Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by Lupin Pharmaceuticals, Inc., Lupin Ltd..(Phillips, John) (Entered: 08/23/2023) (22) |
| Aug 23, 2023 | 18 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Lupin Ltd. for Lupin Pharmaceuticals, Inc. filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Phillips, John) (Entered: 08/23/2023) (2) |
| Aug 23, 2023 | 19 | MOTION for Pro Hac Vice Appearance of Attorney William R. Zimmerman, Andrea L. Cheek, Carol Pitzel Cruz and Matthew S. Friedrichs - filed by Lupin Ltd., Lupin Pharmaceuticals, Inc.. (Attachments: # 1 Certification of William R. Zimmerman, # 2 Certification of Andrea L. Cheek, # 3 Certification of Carol Pitzel Cruz, # 4 Certification of Matthew S. Friedrichs)Motions referred to Christopher J. Burke.(Haney, Megan) (Entered: 08/23/2023) (0) |
| Aug 23, 2023 | 20 | ANSWER to 1 Complaint, and Affirmative Defenses by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc..(Kraman, Pilar) (Entered: 08/23/2023) (24) |
| Aug 23, 2023 | 21 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Zydus Lifesciences Limited for Zydus Pharmaceuticals (USA) Inc. filed by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc.. (Kraman, Pilar) (Entered: 08/23/2023) (4) |
| Aug 23, 2023 | 22 | ANSWER to 1 Complaint, , COUNTERCLAIM against All Plaintiffs by Sandoz Inc..(Gattuso, Dominick) (Entered: 08/23/2023) (30) |
| Aug 23, 2023 | 23 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Novartis AG for Sandoz Inc. filed by Sandoz Inc.. (Gattuso, Dominick) (Entered: 08/23/2023) (2) |
| Aug 16, 2023 | 15 | ORAL ORDER: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. § 636(b) and any further Order of the Court. IT IS ALSO HEREBY ORDERED that, by no later than ten (10) days from today's date, the parties shall meet and confer and file a letter of no more than one page, single-spaced, indicating whether they jointly agree to consent to Magistrate Judge Burke conducting all proceedings in this case. ORDERED by Judge Gregory B. Williams on 8/16/23. (ntl) (Entered: 08/16/2023) (0) |
| Aug 4, 2023 | 9 | DECLARATION of Service on Lupin Ltd. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 10 | SUMMONS Returned Executed by Astellas Pharma Global Development, Inc., Astellas Ireland Co., Ltd., Astellas Pharma Inc..Lupin Pharmaceuticals, Inc. served on 8/2/2023, answer due 8/23/2023. (Joyce, Alexandra) (Entered: 08/04/2023) (1) |
| Aug 4, 2023 | 11 | SUMMONS Returned Executed by Astellas Pharma Global Development, Inc., Astellas Ireland Co., Ltd., Astellas Pharma Inc..Sandoz Inc. served on 8/2/2023, answer due 8/23/2023. (Joyce, Alexandra) (Entered: 08/04/2023) (1) |
| Aug 4, 2023 | 12 | DECLARATION of Service on Zydus Pharmaceuticals (USA) Inc. by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc.. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 08/04/2023) (0) |
| Aug 4, 2023 | 13 | WAIVER OF SERVICE returned executed by Astellas Pharma Global Development, Inc., Astellas Ireland Co., Ltd., Astellas Pharma Inc.: For Zydus Lifesciences Limited waiver sent on 8/3/2023, answer due 10/2/2023. (Joyce, Alexandra) (Entered: 08/04/2023) (1) |
| Aug 4, 2023 | 14 | Letter to The Honorable Gregory B. Williams from Pilar G. Kraman regarding Defendants' Responsive Letter regarding Notice of Related Cases - re 7 Notice (Other). (Kraman, Pilar) (Entered: 08/04/2023) (2) |
| Aug 3, 2023 | 7 | NOTICE of Related Actions by Zydus Lifesciences Limited, Zydus Pharmaceuticals (USA) Inc. (Kraman, Pilar) (Entered: 08/03/2023) (2) |
| Aug 3, 2023 | 8 | Letter to The Honorable Gregory B. Williams from Daniel M. Silver, Esq. regarding Response to Notice of Related Cases - re 7 Notice (Other). (Silver, Daniel) (Entered: 08/03/2023) (2) |
| Aug 2, 2023 | N/A | Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) (Entered: 08/02/2023) (0) |
| Jul 28, 2023 | 1 | Complaint* (1) |
| Jul 28, 2023 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) (Entered: 07/31/2023) (3) |
| Jul 28, 2023 | 3 | Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: Lupin Ltd. and Lupin Pharmaceuticals, Inc. on August 25, 2016, Sandoz Inc. on September 9, 2016, and Zydus Pharmaceuticals (USA) Inc. and Zydus Lifesciences Limited on September 6, 2016. Thirty Month Stay Deadline: Not Applicable. Date of Expiration of Patent: September 28, 2029. (jfm) (Entered: 07/31/2023) (2) |
| Jul 28, 2023 | 4 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,707,451. (jfm) (Entered: 07/31/2023) (1) |
| Jul 28, 2023 | 5 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Astellas US Holding, Inc. for Astellas Pharma Global Development, Inc.; Corporate Parent Astellas B.V. for Astellas Ireland Co., Ltd. filed by Astellas Ireland Co., Ltd., Astellas Pharma Global Development, Inc., Astellas Pharma Inc. (jfm) (Entered: 07/31/2023) (2) |
| Jul 28, 2023 | 6 | Summons Issued as to Lupin Ltd., Lupin Pharmaceuticals, Inc., Sandoz Inc., Zydus Lifesciences Limited, and Zydus Pharmaceuticals (USA) Inc. on 7/28/2023. (Attachments: # 1 Summons Issued Lupin Pharmaceuticals, Inc., # 2 Summons Issued Sandoz Inc., # 3 Summons Issued Zydus Pharmaceuticals (USA) Inc, # 4 Summons Issued Zydus Lifesciences Limited)(jfm) (Entered: 07/31/2023) (0) |
