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Case number 1:20-cv-01094

Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd. > Documents

Date Field Doc. No.Description (Pages)
Jun 5, 2023 184 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 182 Notice of Appeal (Federal Circuit) filed by Azurity Pharmaceuticals, Inc. USCA Case Number 2023-1977 (jfm) (Entered: 06/05/2023) (4)
May 30, 2023 183 NOTICE requesting Clerk to remove Evan Sumner and Christina Dashe as co-counsel. Reason for request: No Longer with Firm. (Dellinger, Megan) (Entered: 05/30/2023) (2)
May 26, 2023 182 Notice of Appeal* (1)
Jul 27, 2022 147 Scheduling Order (1)
Docket Text: AMENDED SCHEDULING ORDER, this case's schedule (see ECF Nos. [26], [69], [93], [98], [105], [125], and [142]) is amended as follows: This case is scheduled for a three-day bench trial in Wilmington, Delaware, in a courtroom to be determined, on October 3, 6, and 7, 2022. Signed by Judge Mitchell S. Goldberg on 7/27/2022. (twk)
Jul 25, 2022 145 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Steven R. Little, Ph.D.; and (2) Reply Expert Report of George G. Zhanel, Pharm.D., Ph.D., FCCP on Infringement filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Jul 25, 2022 146 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove James P.H. Stephens as co-counsel. Reason for request: No longer with firm. (Dellinger, Megan)
Jul 18, 2022 144 Order (1)
Docket Text: ORDER, An on-the-record telephone conference regarding trial scheduling is set for Thursday, July 21, 2022 at 1:30 p.m. Counsel shall dial in as follows: (1) Call: 888-684-8852; (2) Enter access code: 2187450#; (3) Press # to enter as a participant. Signed by Judge Mitchell S. Goldberg on 7/18/2022. (apk)
Jul 14, 2022 143 Letter (5)
Docket Text: Letter to the Honorable Mitchell S Goldberg from Eve H Ormerod, Esq. Regarding Alkem's Request to Move the Trial Date. (Ormerod, Eve)
Jul 5, 2022 142 SO ORDERED (2)
Docket Text: SO ORDERED, re [139] Stipulation filed by Azurity Pharmaceuticals, Inc., ORDER, Setting Scheduling Order Deadlines. Signed by Judge Mitchell S. Goldberg on 07/05/2022. (smg)
Jun 30, 2022 141 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Expert Report of Laird Forrest, PH.D. filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Jun 22, 2022 140 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Plaintiff Azurity Pharmaceuticals, Inc.'s Supplemental Objections and Responses to Defendant Alkem Laboratories Ltd.'s Second Set of Interrogatories (Nos. 11, 17-18, 21); and (2) Plaintiff Azurity Pharmaceuticals, Inc.'s Supplemental Objections and Responses to Defendant Alkem Laboratories Ltd.'s First Set of Requests for Admission (Nos. 5-6, 12-13) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Jun 21, 2022 139 Stipulation (2)
Docket Text: STIPULATION and [Proposed] Order Regarding Certain Deadlines by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Jun 13, 2022 138 Redacted Document (30)
Docket Text: REDACTED VERSION of [134] Letter by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Jun 10, 2022 137 Main Document (5)
Docket Text: REDACTED VERSION of [133] Letter by Alkem Laboratories Ltd.. (Attachments: # (1) Exhibit A-H)(Ormerod, Eve)
Jun 10, 2022 137 Exhibit A-H (90)
Jun 8, 2022 136 Order (4)
Docket Text: ORDER, Defendants letter request to compel discovery (ECF No. [133]) is GRANTED. Within fourteen (14) days of the date of this Order, Plaintiff shall serve responsive admissions or denials to Defendants Requests for Admission 5, 6, 12, and 13 and serve responsive answers to Defendants Interrogatories 11, 17, 18, and 21. Signed by Judge Mitchell S. Goldberg on 6/8/2022. (apk)
Jun 7, 2022 135 Terminate Hearings (1)
Docket Text: ORDER, the on-the-record telephone conference scheduled for June 7, 2022 at 3:30 p.m. is CANCELLED. Signed by Judge Mitchell S. Goldberg on 06/07/2022. (smg)
May 31, 2022 132 Order Setting Teleconference (1)
Docket Text: ORDER, An on-the-record discovery teleconference is set for 6/7/2022 at 03:30 PM before Judge Mitchell S. Goldberg. Call: 888-684-8852; Enter access code: 2187450#; Press # to enter as a participant. (See order for further details) Signed by Judge Mitchell S. Goldberg on 5/31/2022. (srs)
May 27, 2022 131 Letter (2)
Docket Text: Letter to The Honorable Mitchell S. Goldberg from Neal C. Belgam regarding Request for Discovery Conference. (Belgam, Neal)
May 23, 2022 130 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Opening Expert Report of Steven R. Little, Ph.D. on Infringement; and (2) Opening Expert Report of George G. Zhanel, Pharm.D., Ph.D., FCCP on Infringement filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 27, 2022 129 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Michael Beckloff on May 6, 2022 at 8:00 am CDT filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Apr 19, 2022 128 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff's Final Infringement Claim Charts filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 8, 2022 124 Stipulation (2)
Docket Text: STIPULATION and [Proposed] Order Regarding Certain Deadlines re [105] Scheduling Order, by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Apr 8, 2022 125 Stipulation and Order (2)
Docket Text: STIPULATION AND ORDER. Signed by Judge Mitchell S. Goldberg on 4/8/22. (mal)
Apr 8, 2022 126 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Defendant Alkem Laboratories Ltd.'s Supplemental Response to Plaintiff Azurity Pharmaceuticals, Inc.'s First Set of Interrogatories (Nos. 1-10) filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Apr 8, 2022 127 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Plaintiff Azurity Pharmaceuticals, Inc.'s Objections and Responses to Defendant Alkem Laboratories Ltd.'s First Set of Requests for Admission (Nos. 1-27), (2) Plaintiff Azurity Pharmaceuticals, Inc.'s Objections and Responses to Defendant Alkem Laboratories Ltd.'s Second Set of Interrogatories (Nos. 10-23), and (3) Plaintiff Azurity Pharmaceuticals, Inc.'s First Supplemental Response to Defendant Alkem Laboratories Ltd.'s First Set of Interrogatories (Nos. 3-7) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 6, 2022 123 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Objections and Responses to Defendant's Notice of Rule 30(b)(6) Deposition filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 1, 2022 121 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Ujwal Chhabra on April 5, 2022 filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 1, 2022 122 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Manas Ranjan Pradhan on April 14, 2022 filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Mar 28, 2022 120 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Alkem Laboratories Limited's Responses and Objections to Plaintiff Azurity Pharmaceuticals, Inc.'s Notice of Deposition Pursuant to Rule 30(b)(6) filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Mar 23, 2022 118 Notice (Other) (1)
Docket Text: NOTICE of Withdrawal of Appearance of James P. Barabas by Alkem Laboratories Ltd. (Ormerod, Eve)
Mar 23, 2022 119 Notice to Take Deposition (5)
Docket Text: NOTICE to Take Deposition of Azurity Pharmaceuticals, Inc. filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Mar 22, 2022 117 Stipulation and Order (4)
Docket Text: STIPULATION AND ORDER regarding Infringement. Signed by Judge Mitchell S. Goldberg on 3/22/2022. (nmg)
Mar 9, 2022 116 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Alkem Laboratories Ltd.'s 1) Second Set of Interrogatories (Nos. 10-22) and 2) First Set of Requests for Admission (Nos. 1-27) filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Mar 7, 2022 114 Status Report (2)
Docket Text: Interim STATUS REPORT (Joint) by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 7, 2022 115 Redacted Document (4)
Docket Text: REDACTED VERSION of [110] Stipulation by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 2, 2022 111 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Amol V. Chaudhari on a date, time, and location mutually agreed upon by counsel filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Mar 2, 2022 112 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Ujwal Chhabra on a date, time, and location mutually agreed upon by counsel filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Mar 2, 2022 113 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Azurity Pharmaceuticals, Inc.'s Notice of Deposition of Defendant Alkem Laboratories Ltd. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Feb 8, 2022 109 Order (1)
Docket Text: ORDER, upon consideration of the parties' letter (ECF No. [108]) stating that no redactions to my January 31, 2022 memorandum opinion are necessary, it is hereby ORDERED that Docket Entry [106] be unsealed. Signed by Judge Mitchell S. Goldberg on 2/8/2022. (nmg)
Feb 7, 2022 108 Letter (1)
Docket Text: Joint Letter to The Honorable Mitchell S. Goldberg from Eve H. Ormerod, Esq. regarding Redactions to Opinion - re [106] Memorandum Opinion. (Ormerod, Eve)
Jan 31, 2022 106 Memorandum Opinion (10)
Docket Text: MEMORANDUM OPINION. Signed by Judge Mitchell S. Goldberg on 1/31/2022. This order has been emailed to local counsel. (nmg) Modified on 2/8/2022 (nmg). (Unsealed per D.I. [109]).
Jan 31, 2022 107 Order (1)
Docket Text: ORDER, upon consideration of Defendant's Motion for Judgment on the Pleadings (ECF No. [73]), Plaintiff's response in opposition thereto (ECF No. [76]), and Defendant's reply (ECF No. [78]), and for the reasons set out in the accompanying memorandum opinion, it is hereby ORDERED that the motion is DENIED. Signed by Judge Mitchell S. Goldberg on 1/31/2022. (nmg)
Jan 13, 2022 104 Stipulation (2)
Docket Text: STIPULATION and [Proposed] Order Regarding Certain Deadlines re [98] Scheduling Order, [69] Scheduling Order,,, by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Jan 13, 2022 105 Scheduling Order (2)
Docket Text: STIPULATION AND ORDER REGARDING CERTAIN DEADLINES are adjusted as follows: Joinder of Parties due by 3/17/2022. Amended Pleadings due by 3/17/2022. Fact Discovery completed by 4/8/2022. Opening Expert Reports due by 5/20/2022. Rebuttal Expert Reports due by 6/22/2022. Expert Discovery due by 8/23/2022 (**See Order for further deadlines). Signed by Judge Mitchell S. Goldberg on 1/13/2022. (nmg)
Jan 12, 2022 103 Transcript (66)
Docket Text: Official Transcript of Oral Argument held via teleconference on 01/06/2022 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber Michael T. Keating, TK Transcribers 609-440-2177. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 2/2/2022. Redacted Transcript Deadline set for 2/14/2022. Release of Transcript Restriction set for 4/12/2022. (smg)
Jan 7, 2022 N/A Motion Hearing (0)
Docket Text: Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Motion Hearing held on 1/7/2022 re [73] MOTION for Judgment on the Pleadings filed by Alkem Laboratories Ltd. (nmg)
Jan 6, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Alan H. Pollack for Alkem Laboratories 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. (srs)
Jan 6, 2022 102 Order Setting Hearing on Motion (1)
Docket Text: ORDER: An Oral argument on Defendant's Motion for Judgment on the Pleadings (ECF No. [73]) scheduled to be held by videoconference on January 6, 2022 at 2:00 p.m. is moved to 3:00 p.m. Signed by Judge Mitchell S. Goldberg on 1/6/2022. (myr)
Jan 5, 2022 101 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER: Counsel's D.I. [100] MOTION for Pro Hac Vice Appearance of Attorney Alan H. Pollack is GRANTED. Signed by Judge Mitchell S. Goldberg on 1/5/2022. (mal)
Jan 4, 2022 100 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Alan H. Pollack - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
Jan 3, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER re [99] Oral Argument. As you know, oral argument on Defendant's motion for judgment on the pleadings is scheduled for this Thursday, January 6, 2022, at 2:30 p.m., and will be conducted via Zoom. I have received no request from either party to "seal" this proceeding. A member of the public has requested permission to observe the oral argument via the Zoom session. As you know, the public has a presumptive right to access judicial proceedings that can only be overcome by "compelling, countervailing interests" detailed with "specificity." In re Avandia Mktg., Sales Pracs. & Prod. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019). Based on my quick review of the papers filed in connection with this motion, it appears they are mostly unredacted with the exception of the ingredients of Defendants ANDA. I therefore believe we should have no problem conducting oral argument in open court. If any party wishes to weigh in on this request, please do so by the close of business on Tuesday, January 4, 2022. Signed by Judge Mitchell S. Goldberg on 1/3/2022. (nmg)
Dec 22, 2021 99 Order Setting Hearing on Motion (1)
Docket Text: ORDER Setting Hearing on Motion [73] MOTION for Judgment on the Pleadings : A Motion Hearing is set for 1/6/2022 at 02:00 PM in Virtual before Judge Mitchell S. Goldberg. Signed by Judge Mitchell S. Goldberg on 12/22/2021. (smg)
Nov 12, 2021 98 Scheduling Order (2)
Docket Text: STIPULATION AND ORDER REGARDING CERTAIN DEADLINES re [93] are adjusted as follows: Fact Discovery completed by 3/31/2022. Opening Expert Reports due by 5/13/2022. Rebuttal Expert Reports due by 6/15/2022. Expert Discovery due by 8/16/2022. (**See Order for further deadlines). Signed by Judge Mitchell S. Goldberg on 11/12/2021. (nmg)
Nov 10, 2021 97 Stipulation (2)
Docket Text: STIPULATION and [Proposed] Order Regarding Certain Deadlines by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Nov 3, 2021 96 Order Setting Hearing on Motion (1)
Docket Text: ORDER: An Oral Argument on Defendant's "Motion for Judgment on the Pleadings" (ECF No. [73] ) is rescheduled for January 6, 2022 at 2:00 p.m., at the James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA, in Courtroom 17-A. Signed by Judge Mitchell S. Goldberg on 11/3/2021. (nmg)
Oct 20, 2021 95 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER granting [94] Motion to Appear Pro Hac Vice as to Ty W. Callahan. Signed by Judge Mitchell S. Goldberg on 10/20/2021. (smg)
Oct 19, 2021 94 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ty W. Callahan - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Oct 18, 2021 93 Stipulation and Order (2)
Docket Text: STIPULATION AND ORDER REGARDING CERTAIN DEADLINES, it is hereby stipulated and agreed by the parties, subject to the approval of the Court, that certain deadlines of the July 14, 2021 Stipulation and Order Regarding Certain Deadlines D.I. [69] are adjusted. (See Stipulation and Order for further details). Signed by Judge Mitchell S. Goldberg on 10/18/2021. (mal)
Oct 13, 2021 91 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME certain deadlines to various dates (see Stipulation) - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Sep 29, 2021 90 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Objections and Responses to Defendant Alkem Laboratories Ltd.'s First Set of Interrogatories (Nos. 1-9); and (2) Objections and Responses to Defendant Alkem Laboratories Ltd.'s First Set of Requests for Production of Documents and Things (Nos. 1-99) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Aug 30, 2021 89 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of 1) Alkem Laboratories Ltd.s First Set of Interrogatories (Nos. 1-9) and 2) Alkem Laboratories Ltd.s First Set of Requests for the Production of Documents and Things (Nos. 1-99) filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Aug 19, 2021 86 Redacted Document (14)
Docket Text: REDACTED VERSION of [78] Reply Brief In Support of Its Motion For Judgment On The Pleadings by Alkem Laboratories Ltd.. (Ormerod, Eve)
Aug 19, 2021 87 Request for Oral Argument (1)
Docket Text: REQUEST for Oral Argument by Alkem Laboratories Ltd. re [73] MOTION for Judgment on the Pleadings . (Ormerod, Eve)
Aug 19, 2021 88 Request for Oral Argument (2)
Docket Text: REQUEST for Oral Argument by Azurity Pharmaceuticals, Inc. re [73] MOTION for Judgment on the Pleadings . (Dellinger, Megan)
Aug 18, 2021 84 Letter (1)
Docket Text: Letter to The Honorable Mitchell S. Goldberg from Megan E. Dellinger regarding Markman Hearing. (Dellinger, Megan)
Aug 18, 2021 85 Terminate Hearings (1)
Docket Text: ORDER, upon consideration of the parties' August 18, 2021 letter (D.I. [84]), it is hereby ORDERED that in light of the parties' agreement that no terms of the patents-in-suit require construction, the Claim Construction Hearing scheduled for November 22, 2021 at 10:00 a.m. is CANCELLED. Signed by Judge Mitchell S. Goldberg on 08/18/2021. (smg)
Aug 16, 2021 82 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of List of Claim Terms for Construction filed by Alkem Laboratories Ltd..(Belgam, Neal)
Aug 16, 2021 83 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff's List of Claim Terms and Proposed Constructions filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Aug 13, 2021 81 Order on Motion to Appear Pro Hac Vice (3)
Docket Text: ORDER granting [79] MOTION for Pro Hac Vice Appearance of Attorney Evan Sumner. Signed by Judge Mitchell S. Goldberg on 8/13/2021. (nmg)
Aug 12, 2021 79 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Evan Sumner - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Aug 12, 2021 80 Redacted Document (30)
Docket Text: REDACTED VERSION of [76] Answering Brief in Opposition by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Aug 11, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Elham F. Steiner for Azurity Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
Aug 6, 2021 77 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Preliminary Invalidity Contentions for U.S. Patent No. 10,959,948 filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Jul 29, 2021 75 Redacted Document (25)
Docket Text: REDACTED VERSION of [74] Opening Brief in Support re 73 MOTION for Judgment on the Pleadings by Alkem Laboratories Ltd.. (Ormerod, Eve)
Jul 22, 2021 73 Main Document (1)
Docket Text: MOTION for Judgment on the Pleadings - filed by Alkem Laboratories Ltd.. (Attachments: # (1) Text of Proposed Order)(Ormerod, Eve)
Jul 22, 2021 73 Text of Proposed Order (1)
Jul 19, 2021 71 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of 1) Responses and Objections to Azurity's First Set of Interrogatories (Nos. 1-10) and 2) Responses and Objections to Azurity's First Set of Requests for Production of Documents and Things (Nos. 1-68) filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Jul 19, 2021 72 Redacted Document (30)
Docket Text: REDACTED VERSION of [68] Answer to Counterclaim, by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Jul 14, 2021 69 Scheduling Order (3)
Docket Text: SCHEDULING ORDER: Joinder of Parties due by 2/14/2022. Amended Pleadings due by 2/14/2022. Fact Discovery completed by 2/28/2022. Opening Expert Reports due by 4/11/2022. Rebuttal Expert Reports due by 5/16/2022. Expert Discovery due by 8/2/2022. Status Report due by 1/24/2022. Tutorial on the technology due by 9/28/2021. Claim Construction Opening Brief due by 9/14/2021. Claim Construction Answering Brief due by 9/28/2021. Claim Construction Reply Brief due by 10/12/2021. Claim Construction Surreply Brief due by 10/19/2021. Joint Claim Construction Brief due by 10/22/2021. A Pretrial Conference is set for 9/26/2022 at 10:00 AM before Judge Mitchell S. Goldberg. A 5-day Bench Trial is set for 10/3/2022 at 08:30 AM before Judge Mitchell S. Goldberg. Signed by Judge Mitchell S. Goldberg on 7/13/2021. (nmg)
Jul 14, 2021 70 Order on Motion for Reconsideration (1)
Docket Text: ORDER, denying D.I.[64] Motion for Reconsideration. Defendants may file a motion pursuant to Federal Rule of Civil Procedure 12(c) on the pleadings that are currently operative, i.e. the Second Amended Complaint and the Answer to the Second Amended Complaint, within 14 days of the date of this Order. Signed by Judge Mitchell S. Goldberg on 7/14/2021. (myr)
Jul 9, 2021 67 Main Document (5)
Docket Text: REDACTED VERSION of [64] MOTION for Reconsideration re [58] Order on Motion for Judgment on the Pleadings, by Alkem Laboratories Ltd.. (Attachments: # (1) Text of Proposed Order)(Ormerod, Eve)
Jul 9, 2021 67 Text of Proposed Order (1)
Jul 7, 2021 66 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Amended Initial Identification of Asserted Patents and Accused Products; and (2) Initial Infringement Claim Chart U.S. Patent No. 10,959,948 filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Jul 6, 2021 63 Main Document (43)
Docket Text: REDACTED VERSION of [60] Answer to Amended Complaint, Counterclaim by Alkem Laboratories Ltd.. (Attachments: # (1) Exhibit A-E)(Ormerod, Eve)
Jul 6, 2021 63 Exhibit A-E (6)
Jul 6, 2021 65 Stipulation (3)
Docket Text: Joint STIPULATION & [Proposed] Order to Amend the Scheduling Order by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Jul 1, 2021 62 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER TO EXTEND TIME: IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that the time for the parties to exchange a list of those claim term(s)/phrase(s) that they believe need construction is extended until July 6, 2021. Signed by Judge Mitchell S. Goldberg on 07/01/2021. (smg)
Jun 30, 2021 61 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to Exchange a List of Claim Terms/Phrases to July 6, 2021 - filed by Alkem Laboratories Ltd.. (Belgam, Neal)
Jun 21, 2021 57 Stipulation and Order (2)
Docket Text: STIPULATION AND ORDER to file Second Amended Complaint regarding D.I. [55]- Joint Stipulation. Signed by Judge Mitchell S. Goldberg on 06/21/2021. (smg)
Jun 21, 2021 58 Order on Motion for Judgment on the Pleadings (1)
Docket Text: ORDER: The Clerk of Court shall file the Second Amended Complaint, attached as Exhibit 1 to the parties Joint Stipulation and Proposed Order to File Second Amended Complaint and denying as moot [46] Motion for Judgment on the Pleadings. Signed by Judge Mitchell S. Goldberg on 06/21/2021. (smg)
Jun 21, 2021 59 Main Document (12)
Docket Text: AMENDED COMPLAINT against Alkem Laboratories Ltd.- filed by Azurity Pharmaceuticals, Inc. (Attachments: # (1) Exhibit A-C)(smg) (Main Document 59 replaced on 6/21/2021) (smg).
Jun 21, 2021 59 Exhibit A-C (91)
Jun 21, 2021 59 Amended Complaint* (1)
Jun 18, 2021 55 Main Document (2)
Docket Text: Joint STIPULATION and [Proposed] Order to File Second Amended Complaint by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit A-C to Exhibit 1, # (3) Exhibit 2)(Dellinger, Megan)
Jun 18, 2021 55 Exhibit 1 (13)
Jun 18, 2021 55 Exhibit A-C to Exhibit 1 (91)
Jun 18, 2021 55 Exhibit 2 (18)
Jun 18, 2021 56 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,688,046 B2 ;10,959,948 B2 . (Dellinger, Megan)
Jun 11, 2021 54 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Preliminary Invalidity Contentions for U.S. Patent Nos. 10,493,028 and 10,668,046 filed by Alkem Laboratories Ltd..(Belgam, Neal)
Jun 8, 2021 52 Terminate Deadlines and Hearings (1)
Docket Text: ORDER: The Claim Construction Hearing scheduled in the above case for November 18, 2021 is RESCHEDULED to be held on Monday, November 22, 2021 at 10:00 a.m. Signed by Judge Mitchell S. Goldberg on 06/08/2021. (sam)
Jun 8, 2021 53 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) First Set of Requests for Production (Nos. 1-68); and (2) First Set of Interrogatories (Nos. 1-10) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Jun 3, 2021 51 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER: Plaintiff to file its Answering Brief in opposition to Defendant's Motion for Judgment on the Pleadings, and (ii) for Defendant to file its Reply Brief in support of that motion to July 2, 2021 and August 6, 2021. (Answering Brief due 7/2/2021., Reply Brief due 8/6/2021.). Signed by Judge Mitchell S. Goldberg on 6/3/21. (mal)
Jun 2, 2021 50 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME (i) for Plaintiff to file its Answering Brief in opposition to Defendant's Motion for Judgment on the Pleadings, and (ii) for Defendant to file its Reply Brief in support of that motion to July 2, 2021 and August 6, 2021, respectively - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
May 28, 2021 49 Redacted Document (25)
Docket Text: REDACTED VERSION of [47] Opening Brief in Support re 46 MOTION for Judgment on the Pleadings by Alkem Laboratories Ltd.. (Ormerod, Eve)
May 24, 2021 48 Protective Order (25)
Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Judge Mitchell S. Goldberg on 5/24/2021. (nmg)
May 21, 2021 45 Proposed Order (25)
Docket Text: PROPOSED ORDER Stipulated Protective Order by Alkem Laboratories Ltd.. (Ormerod, Eve)
May 21, 2021 46 Main Document (1)
Docket Text: MOTION for Judgment on the Pleadings - filed by Alkem Laboratories Ltd.. (Attachments: # (1) Text of Proposed Order)(Ormerod, Eve)
May 21, 2021 46 Text of Proposed Order (1)
May 17, 2021 44 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER to Extend Time to File Proposed Protective Order to May 21, 2021. Signed by Judge Mitchell S. Goldberg on 5/17/2021. (kmd)
May 14, 2021 42 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff's Initial Infringement Claim Charts filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
May 14, 2021 43 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to File Proposed Protective Order to May 21, 2021 - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
May 10, 2021 41 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER Extending Time to Submit a Proposed Protective Order to May 14, 2021. So Ordered by Judge Mitchell S. Goldberg on 5/10/2021. (amf)
May 7, 2021 40 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to May 14, 2021 - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
May 6, 2021 39 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER re [38] STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to May 7, 2021. Signed by Judge Mitchell S. Goldberg on 5/7/2021. (nmg)
May 5, 2021 38 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to May 7, 2021 - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
Apr 28, 2021 36 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to May 5, 2021 - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
Apr 28, 2021 37 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER re [36] STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to May 5, 2021. Signed by Judge Mitchell S. Goldberg on 4/28/2021. (nmg)
Apr 22, 2021 35 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER to Extend Time to Submit a Proposed Protective Order to April 28, 2021. Signed by Judge Mitchell S. Goldberg on 4/22/2021. (kmd)
Apr 21, 2021 34 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to April 28, 2021 - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
Apr 19, 2021 33 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Core Technical Documents Pursuant to Paragraph 4(b) of the Default Standard for Discovery filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Apr 13, 2021 32 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Initial Disclosures Pursuant to Rule 26(a)(1) filed by Alkem Laboratories Ltd..(Ormerod, Eve)
Apr 12, 2021 31 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Azurity Pharmaceuticals, Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 2, 2021 30 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Azurity Pharmaceuticals, Inc.'s Initial Identification of Asserted Patents and Accused Products filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 1, 2021 29 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Azurity Pharmaceuticals, Inc.'s Initial Disclosures Pursuant to the Delaware Default Standard for Discovery, Paragraph 3 filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Mar 29, 2021 28 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER granting [27] Motion to Appear Pro Hac Vice of Elham F. Steiner and Christina Dashe. Signed by Judge Mitchell S. Goldberg on 3/29/2021. (kmd)
Mar 26, 2021 27 Motion for Leave to Appear Pro Hac Vice (5)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Elham F. Steiner and Christina Dashe - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 22, 2021 26 Scheduling Order (15)
Docket Text: SCHEDULING ORDER: Joinder of Parties due by 2/14/2022. Fact Discovery completed by 2/28/2022. Opening Expert Reports due by 4/11/2022. Rebuttal Expert Reports due by 5/16/2022. Expert Discovery due by 8/2/2022. Status Report due by 1/24/2022. Tutorial on the technology due by 9/13/2021. Claim Construction Opening Brief due by 8/30/2021. Claim Construction Answering Brief due by 9/13/2021. Claim Construction Reply Brief due by 9/27/2021. Claim Construction Surreply Brief due by 10/4/2021. Joint Claim Construction Brief due by 10/12/2021. A Markman Hearing is set for 11/18/2021 at 10:00 AM before Judge Mitchell S. Goldberg. A Pretrial Conference is set for 9/26/2022 at 10:00 AM before Judge Mitchell S. Goldberg. A 5-day Bench Trial is set for 10/3/2022 at 08:30 AM before Judge Mitchell S. Goldberg. Signed by Judge Mitchell S. Goldberg on 3/22/2021. (nmg)
Mar 17, 2021 25 Main Document (15)
Docket Text: PROPOSED ORDER -- Scheduling Order -- by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Letter to the Honorable Mitchell S. Goldberg)(Dellinger, Megan)
Mar 17, 2021 25 Letter to the Honorable Mitchell S. Goldberg (1)
Mar 4, 2021 24 Transcript (17)
Docket Text: Official Transcript of Teleconference held on Tuesday, March 2, 2021 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber Suzanne R. White, Telephone:(215)299-7252. 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 3/25/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/2/2021. (kmd)
Mar 2, 2021 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Telephone Conference held on 3/2/2021 (15 minutes). (myr)
Feb 26, 2021 23 Main Document (14)
Docket Text: PROPOSED ORDER Scheduling Order by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Letter to Judge Goldberg)(Dellinger, Megan)
Feb 26, 2021 23 Letter to Judge Goldberg (1)
Feb 25, 2021 21 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to Submit a Proposed Scheduling Order to February 26, 2021 - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
Feb 25, 2021 22 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER re [21] STIPULATION TO EXTEND TIME to Submit a Proposed Scheduling Order to February 26, 2021. Signed by Judge Mitchell S. Goldberg on 2/25/2021. (nmg)
Jan 28, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney James P. Barabas for Alkem Laboratories Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
Jan 27, 2021 19 Order on Motion to Appear Pro Hac Vice (2)
Docket Text: ORDER granting [18] MOTION for Pro Hac Vice Appearance of Attorney James P. Barabas. Signed by Judge Mitchell S. Goldberg on 1/27/2021. (nmg)
Jan 27, 2021 20 Order Setting Teleconference (1)
Docket Text: ORDER, an Initial Pretrial Conference in the above-captioned matter will be held on Tuesday, March 2, 2021 at 2:00 p.m. The conference will be conducted via telephone and held on the record. Counsel are directed to dial in to 571-353-2300, passcode 427102124#. Signed by Judge Mitchell S. Goldberg on 1/27/2021. (nmg)
Jan 26, 2021 18 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney James P. Barabas - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
Jan 22, 2021 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Judge Mitchell S. Goldberg of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (MSG) after the case number on all documents filed. (rjb)
Nov 25, 2020 17 Redacted Document (28)
Docket Text: REDACTED VERSION of [16] Answer to Counterclaim by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Oct 30, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [15] Joint STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's counterclaims to November 20, 2020 filed by Azurity Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 10/30/20. (ntl)
Oct 28, 2020 15 Stipulation to EXTEND Time (1)
Docket Text: Joint STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's counterclaims to November 20, 2020 - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Oct 27, 2020 14 Main Document (33)
Docket Text: REDACTED VERSION of [11] Answer to Amended Complaint, Counterclaim by Alkem Laboratories Ltd.. (Attachments: # (1) Exhibits A-C)(Ormerod, Eve)
Oct 27, 2020 14 Exhibits A-C (143)
Oct 23, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney James P.H. Stephens for Azurity Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
Oct 23, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorneys Constance S. Huttner and Beth C. Finkelstein for Alkem Laboratories Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
Oct 22, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Wendy L. Devine for Azurity Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
Oct 21, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [13] MOTION for Pro Hac Vice Appearance of Attorney Constance S. Huttner and Beth Finkelstein filed by Alkem Laboratories Ltd. Signed by Judge Leonard P. Stark on 10/21/20. (ntl)
Oct 20, 2020 12 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Alkem Laboratories Ltd.. (Belgam, Neal)
Oct 20, 2020 13 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Constance S. Huttner and Beth Finkelstein - filed by Alkem Laboratories Ltd.. (Ormerod, Eve)
Oct 2, 2020 10 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE returned executed by Azurity Pharmaceuticals, Inc.: For Alkem Laboratories Ltd. waiver sent on 10/1/2020, answer due 11/30/2020. (Dellinger, Megan)
Sep 30, 2020 8 Main Document (10)
Docket Text: First AMENDED COMPLAINT against Alkem Laboratories Ltd.- filed by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Exhibit A-B)(Dellinger, Megan)
Sep 30, 2020 8 Exhibit A-B (60)
Sep 30, 2020 9 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,688,046 . (Dellinger, Megan)
Sep 30, 2020 8 Amended Complaint* (1)
Sep 16, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [7] MOTION for Pro Hac Vice Appearance of Attorney Tung-On Kong, Wendy L. Devine, and James P.H. Stephens filed by Azurity Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 9/16/20. (ntl)
Sep 11, 2020 7 Motion for Leave to Appear Pro Hac Vice (5)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Tung-On Kong, Wendy L. Devine, and James P.H. Stephens - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Aug 26, 2020 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
Aug 21, 2020 6 Summons Issued - Electronic (2)
Docket Text: Summonses Issued (please complete the top portion of the form and print out for use/service). (mal)
Aug 20, 2020 1 Main Document (8)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT - filed against Alkem Laboratories Ltd. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3143889.) - filed by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(mal)
Aug 20, 2020 1 Exhibit A (30)
Aug 20, 2020 1 Civil Cover Sheet (1)
Aug 20, 2020 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal)
Aug 20, 2020 3 ANDA Form (1)
Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 7/8/2020. Date of Expiration of Patent: 3/13/2035.Thirty Month Stay Deadline: 1/8/2023. (mal)
Aug 20, 2020 4 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,493,028 B2. (mal)
Aug 20, 2020 5 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent CutisPharma Intermediate Holdings, Inc. for Azurity Pharmaceuticals, Inc. filed by Azurity Pharmaceuticals, Inc.. (mal)
Aug 20, 2020 1 Complaint* (1)
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