Case number 2022-1878
Astellas US LLC v. Hospira, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 10, 2023 | 68 | Mandate issued to the United States District Court for the District of Delaware. Service as of this date by the Clerk of Court. [922432] [MVH] [Entered: 05/10/2023 11:20 AM] (1) |
| May 3, 2023 | 67 | ORDER filed denying [66] petition for panel rehearing and rehearing en banc filed by Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. By: Per Curiam. Service as of this date by the Clerk of Court. [921006] [MVH] [Entered: 05/03/2023 05:42 PM] (2) |
| Mar 31, 2023 | 66 | Petition for panel rehearing, for en banc rehearing filed by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc.. Service: 03/31/2023 by email. [913820] [22-1878] [Paul Hughes] [Entered: 03/31/2023 05:23 PM] (51) |
| Jan 23, 2023 | 65 | ORDER filed granting motion to extend time to file petition for rehearing/en banc [64] filed by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Petition for Rehearing due on or before 03/31/2023. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [898723] [MVH] [Entered: 01/23/2023 03:26 PM] (2) |
| Jan 19, 2023 | 64 | MOTION of Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. to extend the time to file a Petition for Rehearing En Banc until 03/31/2023. Service: 01/19/2023 by email. [898214] [22-1878] [Paul Hughes] [Entered: 01/19/2023 06:59 PM] (19) |
| Jan 1, 2023 | 0 | ASTELLAS US LLC v. HOSPIRA, INC. [OPINION] [nonprecedential] (0) |
| Dec 30, 2022 | 63 | JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [893785] [MVH] [Entered: 12/30/2022 09:42 AM] (1) |
| Dec 30, 2022 | 62 | OPINION filed for the court by Dyk, Circuit Judge; Reyna, Circuit Judge and Cunningham, Circuit Judge. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [893784] [MVH] [Entered: 12/30/2022 09:42 AM] (16) |
| Dec 30, 2022 | 61 | ORDER filed granting motion to waive requirements of appendix [49] filed by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [893780] [MVH] [Entered: 12/30/2022 09:39 AM] (2) |
| Dec 6, 2022 | 60 | ORDER filed denying [19] motion for stay pending appeal under Rule 8/18 filed by Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [888768] [MVH] [Entered: 12/06/2022 03:30 PM] (2) |
| Dec 6, 2022 | 59 | Submitted after ORAL ARGUMENT to Panel: Dyk, Circuit Judge; Reyna, Circuit Judge and Cunningham, Circuit Judge.Arguing counsel: Paul Whitfield Hughes for Astellas Pharma US, Inc. and Astellas US LLC and Charles B. Klein for Hospira, Inc.Oral Argument Audio available here. [888678] [MJL] [Entered: 12/06/2022 01:27 PM] (0) |
| Dec 2, 2022 | 58 | Notice from Appellants Astellas Pharma US, Inc., Astellas US LLC, Gilead Sciences, Inc. and Appellee Hospira, Inc. Regarding Oral Argument. Service: 12/02/2022 by email. [887782] [22-1878] [Paul Hughes] [Entered: 12/02/2022 10:50 AM] (5) |
| Nov 3, 2022 | 57 | Letter from Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. re Additional bond posted pursuant to Order of October 28, 2022 (Dkt. 54). Service: 11/03/2022 by email. [882095] [22-1878] [Paul Hughes] [Entered: 11/03/2022 03:45 PM] (2) |
| Oct 31, 2022 | 56 | Response to notice of oral argument from Appellee Hospira, Inc.. Service: 10/31/2022 by email. [881233] [22-1878] [Charles Klein] [Entered: 10/31/2022 02:40 PM] (1) |
| Oct 28, 2022 | 55 | Response to notice of oral argument from Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc.. Service: 10/28/2022 by email. [881025] [22-1878] [Paul Hughes] [Entered: 10/28/2022 06:16 PM] (1) |
| Oct 28, 2022 | 54 | ORDER filed. (1) The courts ruling on the pending Rule 8 motion for an injunction pending the appeal will be postponed until oral argument in this case on 12/06/22 and (2) the temporary injunction granted by this courts 9/27/22 order is extended through 12/06/22, with conditions. Please see the order for full and complete details. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [880991] [MVH] [Entered: 10/28/2022 04:57 PM] (2) |
| Oct 27, 2022 | 53 | Letter from Appellee Hospira, Inc. Letter Brief in response to Court's request. Service: 10/27/2022 by email. [880760] [22-1878] [Charles Klein] [Entered: 10/27/2022 04:55 PM] (6) |
| Oct 27, 2022 | 52 | MODIFIED ENTRY: Letter from Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. re October 25, 2022, regarding the Rule 8 motion [49]. Service: 10/27/2022 by email. [880757]--[Edited 10/28/2022 by MVH - Reason: to correct party filer] [Paul Hughes] [Entered: 10/27/2022 04:46 PM] (3) |
| Oct 25, 2022 | 51 | ORDER filed. The parties shall submit simultaneous letter briefs as detailed in the order. Letter briefs are due at 5 p.m. on 10/27/22. Please see the order for full details. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [880131] [MVH] [Entered: 10/25/2022 11:46 AM] (2) |
| Oct 21, 2022 | 50 | NOTICE OF ORAL ARGUMENT. Panel: 2212D. Case scheduled December 6, 2022. Response to Notice of Oral Argument due: 11/04/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [879514] [MJL] [Entered: 10/21/2022 02:37 PM] (2) |
| Oct 21, 2022 | 49 | MOTION of Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. to waive appendix requirement(s). Service: 10/21/2022 by email. [879394] [22-1878] [Paul Hughes] [Entered: 10/21/2022 11:37 AM] (13) |
| Oct 18, 2022 | 48 | 6 paper copies of Doc. No. [17] received from Appellee Hospira, Inc.. [879030] [VDW] [Entered: 10/19/2022 04:23 PM] (0) |
| Oct 17, 2022 | 47 | Outstanding paper copies of all briefs and appendices must be submitted within two business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [878306] [ALK] [Entered: 10/17/2022 12:06 PM] (0) |
| Oct 13, 2022 | 46 | Corrected Certificate of Service filed by Appellants Astellas Pharma US, Inc. and Astellas US LLC to Doc No. [39]. Service: 10/13/2022 by email. [877704] [22-1878] [Paul Hughes] [Entered: 10/13/2022 04:38 PM] (3) |
| Oct 13, 2022 | 45 | The following conflict dates submitted by Paul Whitfield Hughes for Astellas Pharma US, Inc. and Astellas US LLC have been accepted by the court: 12/08/2022, 12/09/2022. [877540] [MJL] [Entered: 10/13/2022 10:42 AM] (0) |
| Oct 11, 2022 | 44 | Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc.. Service: 10/11/2022 by email. [877080] [22-1878] [Paul Hughes] [Entered: 10/11/2022 05:38 PM] (4) |
| Oct 11, 2022 | 43 | Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Astellas Pharma US, Inc., Astellas US LLC, Gilead Sciences, Inc. and Appellee Hospira, Inc.. Service: 10/11/2022 by email. [877079] [22-1878] [Paul Hughes] [Entered: 10/11/2022 05:37 PM] (5) |
| Oct 11, 2022 | 42 | MODIFIED ENTRY: APPENDIX FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 10/11/2022 by email. [877078] --[Edited 10/14/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 10/11/2022 05:32 PM] (448) |
| Oct 11, 2022 | 41 | MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 10/11/2022 by email. [877077]--[Edited 10/14/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 10/11/2022 05:28 PM] (0) |
| Oct 11, 2022 | 40 | MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 10/11/2022 by email. [877065]--[Edited 10/14/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 10/11/2022 04:53 PM] (218) |
| Oct 11, 2022 | 39 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 10/11/2022 by email. [877056]--[Edited 10/14/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 10/11/2022 04:47 PM] (0) |
| Oct 11, 2022 | 38 | Notice of Correction to Doc No. [15], [16] for Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc.. Service: 10/11/2022 by email. [877044] [22-1878] [Paul Hughes] [Entered: 10/11/2022 04:37 PM] (5) |
| Oct 11, 2022 | 37 | Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellee Hospira, Inc.. Service: 10/11/2022 by email. [876994] [22-1878] [Charles Klein] [Entered: 10/11/2022 03:35 PM] (3) |
| Oct 6, 2022 | 36 | MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 10/06/2022 by email. [876463] --[Edited 10/11/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 10/06/2022 05:05 PM] (47) |
| Oct 6, 2022 | 35 | MODIFIED ENTRY: CONFIDENTIAL REPLY BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 10/06/2022 by email. [876461]--[Edited 10/11/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 10/06/2022 05:03 PM] (0) |
| Oct 5, 2022 | 34 | Notice from Appellants Astellas Pharma US, Inc. and Astellas US LLC regarding conflicts with oral argument. Service: 10/05/2022 by email. [876149] [22-1878] [Paul Hughes] [Entered: 10/05/2022 02:47 PM] (4) |
| Oct 5, 2022 | 33 | Notice of Correction to Doc No. [29] for Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc.. Service: 10/05/2022 by email. [875968] [22-1878] [Paul Hughes] [Entered: 10/05/2022 09:16 AM] (4) |
| Oct 5, 2022 | 32 | Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [875965] [ALK] [Entered: 10/05/2022 09:10 AM] (1) |
| Oct 4, 2022 | 31 | Confidential APPELLANTS' REPLY IN SUPPORT OF THE RULE 8 MOTION FOR AN INJUNCTION PENDING THE APPEAL filed by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. corresponding to Doc. No. [25]. Service: 10/04/2022 by email. [875919] [22-1878] [Paul Hughes] [Entered: 10/04/2022 06:26 PM] (0) |
| Oct 4, 2022 | 30 | REPLY of Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. to response [25]. Service: 10/04/2022 by email. [875918] [22-1878] [Paul Hughes] [Entered: 10/04/2022 06:21 PM] (63) |
| Oct 4, 2022 | 29 | REPLY of Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. to response [25]. Service: 10/04/2022 by email. [875917] [22-1878] [Arthur Dykhuis] [Entered: 10/04/2022 06:12 PM] (63) |
| Oct 4, 2022 | 28 | ORDER filed granting motion to expedite to the extent that: Appellant's reply brief is due no later than October 6, 2022, the joint appendix is due no later than October 11, 2022, no extensions of time should be anticipated, and the appeal shall be placed on the December 2022 oral argument calendar. (Per Curiam). Service as of this date by the Clerk of Court. [875846] [LMS] [Entered: 10/04/2022 03:33 PM] (2) |
| Oct 3, 2022 | 27 | RESPONSE of Appellee Hospira, Inc. to Doc No. [21], [21]. Service: 10/03/2022 by email. [875511] [22-1878] [Charles Klein] [Entered: 10/03/2022 06:39 PM] (18) |
| Oct 3, 2022 | 26 | Confidential Defendant-Appellee's Response to Plaintiffs-Appellants' Emergency Motion to Enjoin Generic Launch Pending Ruling on Rule 8 Motion and Motion to Expedite Oral Argument filed by Appellee Hospira, Inc. corresponding to Doc. No. [22]. Service: 10/03/2022 by email. [875510] [22-1878] [Charles Klein] [Entered: 10/03/2022 06:34 PM] (0) |
| Oct 3, 2022 | 25 | RESPONSE of Appellee Hospira, Inc. to Doc No. [19], [19]. Service: 10/03/2022 by email. [875509] [22-1878] [Charles Klein] [Entered: 10/03/2022 06:27 PM] (87) |
| Oct 3, 2022 | 24 | Confidential Defendant-Appellee's Opposition to Plaintiffs-Appellants' Motion for an Injunction Pending Appeal filed by Appellee Hospira, Inc. corresponding to Doc. No. [20]. Service: 10/03/2022 by email. [875503] [22-1878] [Charles Klein] [Entered: 10/03/2022 05:55 PM] (0) |
| Sep 27, 2022 | 23 | ORDER filed directing Hospira to respond to the Rule 8 motion and the request to expedite no later than October 3, 2022. Any reply in support of either is due no later than October 4, 2022.; granting the motion for a temp stay to the extent that Hospira is temporarily enjoined pending this court's consideration of the motions papers subject to the bonding requirements set forth in the district court's Sept 22, 2022, order. (Per Curiam). Service as of this date by the Clerk of Court. [874097] [LMS] [Entered: 09/27/2022 10:49 AM] (2) |
| Sep 26, 2022 | 22 | Confidential APPELANTS' EMERGENCY MOTION TO ENJOIN GENERIC LAUNCH PENDING THIS COURT'S RULING ON RULE 8 MOTION AND MOTION TO EXPEDITE ARGUMENT filed by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. corresponding to Doc. No. [21]. Service: 09/26/2022 by email. [873979] [22-1878] [Paul Hughes] [Entered: 09/26/2022 02:16 PM] (0) |
| Sep 26, 2022 | 21 | MOTION of Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. for an emergency stay pending appeal under Rule 8/18. Service: 09/26/2022 by email. [873974] [22-1878]--[Edited 09/27/2022 by ALK - to add relief] [Paul Hughes] [Entered: 09/26/2022 02:11 PM] (43) |
| Sep 26, 2022 | 20 | Confidential APPELLANTS' RULE 8 MOTION FOR AN INJUNCTION PENDING THE APPEAL filed by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. corresponding to Doc. No. [19]. Service: 09/26/2022 by email. [873972] [22-1878] [Paul Hughes] [Entered: 09/26/2022 02:06 PM] (0) |
| Sep 26, 2022 | 19 | MOTION of Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. for temporary injunction. Service: 09/26/2022 by email. [873970] [22-1878]--[Edited 09/27/2022 by ALK - to add relief] [Paul Hughes] [Entered: 09/26/2022 01:55 PM] (225) |
| Sep 15, 2022 | 18 | MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Hospira, Inc. Service: 09/15/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [872083] --[Edited 09/21/2022 by ALK - compliance review complete] [Charles Klein] [Entered: 09/15/2022 03:38 PM] (75) |
| Sep 15, 2022 | 17 | MODIFIED ENTRY: CONFIDENTIAL RESPONSE BRIEF FILED by Appellee Hospira, Inc. Service: 09/15/2022 by email. [872079]--[Edited 09/21/2022 by ALK - compliance review complete] [Charles Klein] [Entered: 09/15/2022 03:32 PM] (0) |
| Aug 10, 2022 | 16 | MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 08/10/2022 by email. [865907] --[Edited 08/11/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 08/10/2022 01:01 PM] (218) |
| Aug 10, 2022 | 15 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 08/10/2022 by email. [865906]--[Edited 08/11/2022 by ALK - compliance review complete] [Paul Hughes] [Entered: 08/10/2022 12:58 PM] (0) |
| Aug 10, 2022 | 14 | NOTICE OF NON-COMPLIANCE: The submission of Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc., Confidential and Non-Confidential Opening Briefs [12], [13], are not in compliance with the rules of this court (see attached). Compliant documents due on 08/17/2022. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [865862] [ALK] [Entered: 08/10/2022 11:04 AM] (2) |
| Aug 8, 2022 | 13 | OPENING BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc.. Service: 08/08/2022 by email. [865565] [22-1878] This document is non-compliant. See Doc No. [14]. [Paul Hughes] [Entered: 08/08/2022 07:15 PM] (218) |
| Aug 8, 2022 | 12 | CONFIDENTIAL OPENING BRIEF FILED by Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc.. Service: 08/08/2022 by email. [865564] [22-1878] This document is non-compliant. See Doc No. [14]. [Paul Hughes] [Entered: 08/08/2022 07:13 PM] (0) |
| Jun 24, 2022 | 11 | Corrected Docketing Statement for the Appellants Astellas Pharma US, Inc. and Astellas US LLC. Service: 06/24/2022 by email. [857334] [22-1878] [Paul Hughes] [Entered: 06/24/2022 03:36 PM] (2) |
| Jun 24, 2022 | 10 | NOTICE OF NON-COMPLIANCE: The submission of Appellants Astellas Pharma US, Inc., Astellas US LLC, and Gilead Sciences, Inc., Docketing Statement [7], is not in compliance with the rules of this court (see attached). Compliant document is due on 07/01/2022. Service as of this date by the Clerk of Court. [857298] [EKD] [Entered: 06/24/2022 02:44 PM] (1) |
| Jun 21, 2022 | 9 | Certificate of Interest for Appellant Gilead Sciences, Inc.. Service: 06/21/2022 by email. [856603] [22-1878] [Robert Oakes] [Entered: 06/21/2022 06:47 PM] (4) |
| Jun 21, 2022 | 8 | Entry of appearance for W. Chad Shear; Robert M. Oakes; Elizabeth M. Flanagan; Manuel J. Velez; Lisa M. Ferri as counsel for Appellant Gilead Sciences, Inc.. Service: 06/21/2022 by email. [856602] [22-1878] [Robert Oakes] [Entered: 06/21/2022 06:46 PM] (2) |
| Jun 21, 2022 | 7 | Docketing Statement for the Appellants Astellas Pharma US, Inc., Astellas US LLC and Gilead Sciences, Inc. Service: 06/21/2022 by email. [856554] [22-1878] This document is non-compliant. See Doc No. [10] [Paul Hughes] [Entered: 06/21/2022 04:09 PM] (2) |
| Jun 21, 2022 | 6 | Certificate of Interest for Appellants Astellas Pharma US, Inc. and Astellas US LLC. Service: 06/21/2022 by email. [856552] [22-1878] [Paul Hughes] [Entered: 06/21/2022 04:07 PM] (4) |
| Jun 21, 2022 | 5 | Entry of appearance for Paul W. Hughes; Jason A. Leonard; Ian B. Brooks as counsel for Appellants Astellas Pharma US, Inc. and Astellas US LLC. Service: 06/21/2022 by email. [856551] [22-1878] [Paul Hughes] [Entered: 06/21/2022 04:05 PM] (2) |
| Jun 21, 2022 | 4 | Docketing Statement for the Appellee Hospira, Inc.. Service: 06/21/2022 by email. [856487] [22-1878] [Charles Klein] [Entered: 06/21/2022 11:27 AM] (3) |
| Jun 21, 2022 | 3 | Certificate of Interest for Appellee Hospira, Inc.. Service: 06/21/2022 by email. [856486] [22-1878] [Charles Klein] [Entered: 06/21/2022 11:23 AM] (3) |
| Jun 21, 2022 | 2 | Entry of appearance for Charles B. Klein; Jovial Wong; Claire A. Fundakowski; Alison M. King as counsel for Appellee Hospira, Inc.. Service: 06/21/2022 by email. [856484] [22-1878] [Charles Klein] [Entered: 06/21/2022 11:18 AM] (2) |
| Jun 7, 2022 | 1 | Appeal docketed. Received: 06/02/2022. [854080]Entry of Appearance is due on 06/21/2022. Certificate of Interest is due on 06/21/2022. Docketing Statement is due on 06/21/2022. Appellants' brief is due on 08/08/2022. [ALK] [Entered: 06/07/2022 02:20 PM] (207) |
