Case number 1:18-cv-01395
BioDelivery Sciences International, Inc. et al v. Alvogen Pb Research & Development LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 4, 2022 | 336 | Transcript (9) Docket Text: Official Transcript of Telephone Conference held on 2/26/22 before Chief Judge Connolly. Court Reporter/Transcriber V. Gunning,Email: valeriegunning2@comcast.net. 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 4/25/2022. Redacted Transcript Deadline set for 5/5/2022. Release of Transcript Restriction set for 7/5/2022. (gvw) |
| Mar 4, 2022 | 335 | Main Document (15) Docket Text: REDACTED VERSION of [331] Reply Brief, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) |
| Mar 4, 2022 | 335 | Certificate of Service (1) |
| Mar 2, 2022 | 334 | Main Document (28) Docket Text: REDACTED VERSION of [328] Answering Brief in Opposition, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exs. 1-11)(Tigan, Jeremy) |
| Mar 2, 2022 | 334 | Exs. 1-11 (104) |
| Feb 28, 2022 | 333 | SO ORDERED (2) Docket Text: SO ORDERED, re [330] STIPULATION TO EXTEND TIME to file public versions of their Brief in Opposition to Alvogens Motion to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA (D.I. 328) to March 2, 2022, filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 2/28/2022. (kmd) |
| Feb 25, 2022 | 330 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to file public versions of their Brief in Opposition to Alvogens Motion to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA (D.I. 328) to March 2, 2022 - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Feb 25, 2022 | 332 | Exhibit to a Document (10) Docket Text: EXHIBIT re [331] Reply Brief, Exhibits H-I by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Feb 18, 2022 | 329 | Appeal Transcript Request (1) Docket Text: TRANSCRIPT REQUEST by Arius Two, Inc., BioDelivery Sciences International, Inc. for proceedings held on 2/26/2021 before Judge Colm F. Connolly, (Tigan, Jeremy) |
| Feb 16, 2022 | 326 | Main Document (27) Docket Text: REDACTED VERSION of [315] Opening Brief in Support,, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit A-G, # (2) Certificate of Service)(Gattuso, Dominick) |
| Feb 16, 2022 | 326 | Exhibit A-G (76) |
| Feb 16, 2022 | 326 | Certificate of Service (1) |
| Feb 16, 2022 | 327 | Main Document (5) Docket Text: REDACTED VERSION of [316] Declaration, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) |
| Feb 16, 2022 | 327 | Certificate of Service (1) |
| Feb 15, 2022 | 325 | SO ORDERED (2) Docket Text: SO ORDERED, re [324] STIPULATION TO EXTEND TIME for Plaintiffs to file an Opposition Brief to Alvogen's Motion to Stay to February 18, 2022, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Re-Set Briefing Schedule: re [314] MOTION to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA. Answering Brief due 2/18/2022. Signed by Judge Colm F. Connolly on 2/15/2022. (kmd) |
| Feb 14, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [323] STIPULATION TO EXTEND TIME for Defendants to file public versions of their Opening Brief in Support of their Motion to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA (D.I. 315), the exhibits thereto (D.I. filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/14/2022. (nmf) |
| Feb 14, 2022 | 324 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to file an Opposition Brief to Alvogen's Motion to Stay to February 18, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 11, 2022 | 323 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendants to file public versions of their Opening Brief in Support of their Motion to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA (D.I. 315), the exhibits thereto (D.I. 315-1), and Third Declaration of Stephen Beckman (D.I. 316) to February 16, 2022 at 2:00 PM Eastern Time - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 9, 2022 | 322 | SO ORDERED (2) Docket Text: SO ORDERED, re [321] STIPULATION TO EXTEND TIME for Defendants to file public versions of their Opening Brief in Support of their Motion to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA (D.I. 315), the exhibits thereto (D.I. 315-1), and Third Declaration of Stephen Beckman (D.I. 316) to February 11, 2022, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/9/2022. (kmd) |
| Feb 8, 2022 | 321 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendants to file public versions of their Opening Brief in Support of their Motion to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA (D.I. 315), the exhibits thereto (D.I. 315-1), and Third Declaration of Stephen Beckman (D.I. 316) to February 11, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 7, 2022 | 320 | USCA Notice of Docketing ROA (4) Docket Text: NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re [310] Notice of Appeal (Federal Circuit), filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. USCA Case Number 2022-1449 (nmf) |
| Feb 4, 2022 | N/A | APPEAL - Credit Card Payment (0) Docket Text: APPEAL - Credit Card Payment of $505.00 received re [319] Notice of Cross Appeal filed by BioDelivery Sciences International, Inc., Arius Two, Inc.. ( Filing fee $505, receipt number ADEDC-3796403.) (Tigan, Jeremy) |
| Feb 4, 2022 | N/A | Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Notice of Cross Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re [319] Notice of Cross Appeal. (nmg) |
| Feb 4, 2022 | 319 | Notice of Cross Appeal (4) Docket Text: NOTICE OF CROSS APPEAL to the Federal Circuit of [300] Opinion, [308] Judgment . Cross Appeal filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 4, 2022 | 319 | Notice of Appeal* (1) |
| Feb 2, 2022 | 318 | Remark (27) Docket Text: Remark: The Sealed Opening Brief at D.I. [315] has been replaced per counsel's request. (kmd) |
| Feb 1, 2022 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [314] MOTION to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA. The automatic referral to the magistrate judge, generated by the system, has been removed for this motion. (nmf) |
| Feb 1, 2022 | 314 | Main Document (2) Docket Text: MOTION to Stay or Modify, MOTION to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Text of Proposed Order)(Gattuso, Dominick) Modified on 2/2/2022 (nmf). |
| Feb 1, 2022 | 314 | Text of Proposed Order (3) |
| Feb 1, 2022 | 317 | Exhibit to a Document (2) Docket Text: EXHIBIT re [314] MOTION to Stay or Modify MOTION to Modify or Stay Injunctive Relief and to Stay a Reset of Final Approval of Alvogen's ANDA 7.1.1 Certification by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jan 28, 2022 | 313 | Main Document (11) Docket Text: REDACTED VERSION of [307] Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibits 1-4)(Tigan, Jeremy) |
| Jan 28, 2022 | 313 | Exhibit A (7) |
| Jan 28, 2022 | 313 | Exhibits 1-4 (56) |
| Jan 25, 2022 | 312 | USCA Notice of Docketing ROA (4) Docket Text: NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re [310] Notice of Appeal (Federal Circuit), filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. USCA Case Number 2022-1394 (nmf) |
| Jan 24, 2022 | N/A | Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re [310] Notice of Appeal (Federal Circuit). (nmg) |
| Jan 23, 2022 | N/A | APPEAL - Credit Card Payment (0) Docket Text: APPEAL - Credit Card Payment of $505.00 received re [310] Notice of Appeal (Federal Circuit), filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc.. ( Filing fee $505, receipt number ADEDC-3787024.) (Gattuso, Dominick) |
| Jan 22, 2022 | 310 | Notice of Appeal (Federal Circuit) (3) Docket Text: NOTICE OF APPEAL to the Federal Circuit of [300] Opinion, [308] Judgment . Appeal filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jan 22, 2022 | 311 | Appeal Transcript Request (1) Docket Text: TRANSCRIPT REQUEST by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated for proceedings held on March 1-March 3 2021 before Judge Colm F. Connolly, (Gattuso, Dominick) |
| Jan 22, 2022 | 310 | Notice of Appeal* (1) |
| Jan 21, 2022 | 308 | Judgment (7) Docket Text: FINAL JUDGMENT (CASE CLOSED) Signed by Judge Colm F. Connolly on 1/21/2022. (nmf) |
| Jan 21, 2022 | 309 | Main Document (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,147,866 B2; 9,655,843 B2; 9,901,539 B2. (Attachments: # (1)Final Judgment)(nmf) |
| Jan 21, 2022 | 309 | Judgment (7) |
| Jan 20, 2022 | 306 | Stipulation and Order (2) Docket Text: STIPULATION AND ORDER to Extend Time for the parties to submit a proposed final judgment to January 20, 2022. Re-Setting Deadlines: Notice of Compliance deadline set for 1/20/2022. Signed by Judge Colm F. Connolly on 1/20/2022. (kmd) |
| Jan 19, 2022 | 304 | Stipulation and Order (2) Docket Text: STIPULATION AND ORDER to Extend Time. Re-Setting Deadlines: Notice of Compliance deadline set for 1/19/2022. Signed by Judge Colm F. Connolly on 1/19/2022. (kmd) |
| Jan 19, 2022 | 305 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a proposed final judgment to January 20, 2022 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jan 18, 2022 | 303 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to submit a proposed final judgment to January 19, 2022 - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jan 10, 2022 | 302 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove David Van Buskirk as co-counsel. Reason for request: No Longer with Firm. (Gattuso, Dominick) |
| Dec 20, 2021 | 300 | Opinion (57) Docket Text: OPINION Signed by Judge Colm F. Connolly on 12/20/2021. (nmf) |
| Dec 20, 2021 | 301 | Order (1) Docket Text: ORDER: IT IS HEREBY ORDERED that the parties shall submit no later than January 18, 2022 a proposed order by which the Court may enter final judgment consistent with the Opinion issued this day. ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 1/18/2022.) Signed by Judge Colm F. Connolly on 12/20/2021. (nmf) |
| Oct 28, 2021 | 299 | Redacted Document (30) Docket Text: REDACTED VERSION of [298] Reply Brief, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Oct 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [294] STIPULATION TO EXTEND TIME for Plaintiffs to file Reply Brief in support of their Motion for an Order to Show Cause to October 19, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Set Briefing Schedule: re [282] MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt for Violating the Court Order of June 28, 2021. Reply Brief due 10/19/2021. Ordered by Judge Colm F. Connolly on 10/13/2021. (kmd) |
| Oct 13, 2021 | 295 | Main Document (29) Docket Text: REDACTED VERSION of [291] Answering Brief in Opposition,, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit A-G, # (2) Certificate of Service)(Gattuso, Dominick) |
| Oct 13, 2021 | 295 | Exhibit A-G (35) |
| Oct 13, 2021 | 295 | Certificate of Service (1) |
| Oct 13, 2021 | 296 | Main Document (34) Docket Text: REDACTED VERSION of [292] Declaration, Declaration of Ann Johnson, Pharm.D. by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit 1-4, # (2) Certificate of Service)(Gattuso, Dominick) |
| Oct 13, 2021 | 296 | Exhibit 1-4 (11) |
| Oct 13, 2021 | 296 | Certificate of Service (1) |
| Oct 13, 2021 | 297 | Main Document (14) Docket Text: REDACTED VERSION of [293] Declaration, Second Declaration of Stephen Beckman by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) |
| Oct 13, 2021 | 297 | Certificate of Service (1) |
| Oct 7, 2021 | 294 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to file Reply Brief in support of their Motion for an Order to Show Cause to October 19, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Oct 6, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. [291] replaced per counsel's request to reflect correct headers within document. (kmd) |
| Sep 29, 2021 | 286 | Redacted Document (6) Docket Text: REDACTED VERSION of [282] MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt for Violating the Court Order of June 28, 2021 by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Sep 29, 2021 | 287 | Main Document (22) Docket Text: REDACTED VERSION of [283] Opening Brief in Support, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 1-15)(Tigan, Jeremy) |
| Sep 29, 2021 | 287 | Exhibits 1-15 (20) |
| Sep 29, 2021 | 288 | Main Document (4) Docket Text: REDACTED VERSION of [284] Declaration, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 6-9)(Tigan, Jeremy) |
| Sep 29, 2021 | 288 | Exhibits 6-9 (1) |
| Sep 29, 2021 | 289 | Main Document (2) Docket Text: REDACTED VERSION of [285] Letter, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Certificate of Service)(Gattuso, Dominick) |
| Sep 29, 2021 | 289 | Exhibit 1 (10) |
| Sep 29, 2021 | 289 | Exhibit 2 (4) |
| Sep 29, 2021 | 289 | Certificate of Service (1) |
| Sep 29, 2021 | 290 | Notice Requesting Removal of Co-Counsel (4) Docket Text: NOTICE requesting Clerk to remove Daniele San Roman as co-counsel. Reason for request: leaving the firm. (Tigan, Jeremy) |
| Sep 22, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdfs of the Exhibits to the Sealed Opening Brief at D.I. [283] and the Sealed Declaration at D.I. [284] have been replaced with highlighted versions per request of filer. (nmf) |
| Sep 21, 2021 | 281 | Order on Motion to Strike (2) Docket Text: ORDER granting [263] Motion to Strike. Signed by Judge Colm F. Connolly on 9/21/2021. (nmf) |
| Sep 17, 2021 | 279 | Redacted Document (30) Docket Text: REDACTED VERSION of [276] Notice (Other) (Notice of Subpoenas) by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Sep 17, 2021 | 280 | Redacted Document (30) Docket Text: REDACTED VERSION of [277] Notice (Other) (Notice of Subpoenas) by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Sep 14, 2021 | 278 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of copies of (i) Defendants Objections to Plaintiffs Subpoena of Non-Party Cerner Corporation [CONFIDENTIAL]; (ii) Defendants Objections to Plaintiffs Subpoena of Non-Party Wolters Kluwer Health, Inc. [CONFIDENTIAL]; (iii) Defendants Objections to Plaintiffs Subpoena of Non-Party ScriptPro LLC [CONFIDENTIAL]; (iv) Defendants Objections to Plaintiffs Subpoena of Non-Party Medi-Span, Inc.[CONFIDENTIAL]; (v) Defendants Objections to Plaintiffs Subpoena of Non-Party First Databank, Inc. [CONFIDENTIAL]; (vi) Defendants Objections to Plaintiffs Subpoena of Non-Party Elsevier, Inc. [CONFIDENTIAL]; (vii) 2 Defendants Objections to Plaintiffs Subpoena of Non-Party Cerner Multum, LLC [CONFIDENTIAL]; and, (viii) Defendants Objections to Plaintiffs Subpoena of Non-Party Cerner Multum, Inc. [CONFIDENTIAL] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Aug 10, 2021 | 275 | Redacted Document (1) Docket Text: REDACTED VERSION of [274] Letter by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jun 30, 2021 | 273 | Main Document (1) Docket Text: Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Text to be Stricken from Alvogen's Post-Trial Briefing. (Attachments: # (1) Alvogen's Opening Post-Trial Brief, # (2) Alvogen's Proposed Findings of Fact, # (3) Alvogen's Reply Post-Trial Brief, # (4) BDSI's [Proposed] Order)(Tigan, Jeremy) |
| Jun 30, 2021 | 273 | Alvogen's Opening Post-Trial Brief (74) |
| Jun 30, 2021 | 273 | Alvogen's Proposed Findings of Fact (79) |
| Jun 30, 2021 | 273 | Alvogen's Reply Post-Trial Brief (30) |
| Jun 30, 2021 | 273 | BDSI's [Proposed] Order (2) |
| Jun 28, 2021 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 6/28/2021. (Court Reporter V. Gunning.) (nmf) |
| Jun 25, 2021 | 270 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Elizabeth A. DeFelice on behalf of Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (DeFelice, Elizabeth) |
| Jun 25, 2021 | 271 | Redacted Document (30) Docket Text: REDACTED VERSION of (229 in 1:18-cv-01395-CFC-CJB, 327 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jun 25, 2021 | 272 | Redacted Document (30) Docket Text: REDACTED VERSION of (230 in 1:18-cv-01395-CFC-CJB, 328 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jun 17, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Hearings: An Oral Argument re [263] MOTION to Strike is set for 6/28/2021 at 03:30 PM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 6/17/2021. (nmf) |
| Jun 16, 2021 | 269 | Notice (Other) (2) Docket Text: NOTICE of Request for Oral Argument by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated re [263] MOTION to Strike (Gattuso, Dominick) |
| Jun 14, 2021 | 268 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections to Plaintiffs' Subpoena of Non-Party Teva Pharmaceuticals USA, Inc. [CONFIDENTIAL] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jun 9, 2021 | 267 | Main Document (15) Docket Text: REPLY BRIEF re [263] MOTION to Strike filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibit 1)(Tigan, Jeremy) |
| Jun 9, 2021 | 267 | Exhibit 1 (2) |
| Jun 2, 2021 | 266 | Main Document (11) Docket Text: ANSWERING BRIEF in Opposition re [263] MOTION to Strike filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.Reply Brief due date per Local Rules is 6/9/2021. (Attachments: # (1) Exhibit A)(Gattuso, Dominick) |
| Jun 2, 2021 | 266 | Exhibit A (4) |
| May 27, 2021 | 264 | Main Document (2) Docket Text: NOTICE of Lodging by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Attachments: # (1) Exhibit A)(Gattuso, Dominick) |
| May 27, 2021 | 264 | Exhibit A (1) |
| May 27, 2021 | 265 | Main Document (1) Docket Text: REDACTED VERSION of [255] Letter Letter to The Honorable Colm F. Connolly from Dominick T. Gattuso, Esquire regarding the status of related litigation involving FDA by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit Enclosure)(Gattuso, Dominick) |
| May 27, 2021 | 265 | Exhibit Enclosure (3) |
| May 26, 2021 | 257 | Exhibit List (5) Docket Text: Exhibit List -- Index of Admitted Exhibits -- by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| May 26, 2021 | 258 | POST Trial Brief (30) Docket Text: POST TRIAL BRIEF Alvogen's Opening Post-Trial Brief by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| May 26, 2021 | 259 | Proposed Findings of Fact (30) Docket Text: Proposed Findings of Fact by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| May 26, 2021 | 260 | Proposed Findings of Fact (30) Docket Text: Proposed Findings of Fact by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| May 26, 2021 | 261 | POST Trial Brief (30) Docket Text: POST TRIAL BRIEF [Plaintiffs' Post-Trial Brief] by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| May 26, 2021 | 262 | POST Trial Brief (30) Docket Text: POST TRIAL BRIEF Alvogen's Reply Post-Trial Brief by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| May 26, 2021 | 263 | Main Document (10) Docket Text: MOTION to Strike - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Text of Proposed Order)(Tigan, Jeremy) |
| May 26, 2021 | 263 | Text of Proposed Order (2) |
| May 19, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 5/19/2021 at 03:30 PM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 5/19/2021. (nmf) |
| May 19, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 5/19/2021. (Court Reporter V. Gunning.) (nmf) |
| May 19, 2021 | 254 | Stipulation (3) Docket Text: STIPULATION Post-Trial Briefing re [251] SO ORDERED, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| May 19, 2021 | 256 | SO ORDERED (3) Docket Text: SO ORDERED, re [254] STIPULATION Regarding Post-Trial Briefing filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 5/19/2021. (nmf) |
| May 10, 2021 | 253 | Notice (Other) (2) Docket Text: NOTICE of Change of Firm Affiliation for Jeremy Lowe by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| May 7, 2021 | 252 | Notice Requesting Removal of Co-Counsel (4) Docket Text: NOTICE requesting Clerk to remove Bonnie Fletcher Price as co-counsel. Reason for request: No Longer with Firm. (Tigan, Jeremy) |
| Mar 30, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: Counsel for Defendants shall coordinate the call and email the dial-in information to chambers.( A Telephone Conference is set for 3/31/2021 at 10:00 AM before Judge Colm F. Connolly) Ordered by Judge Colm F. Connolly on 3/30/2021. (nmf) |
| Mar 30, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The 3/31/2021 Telephone Conference is cancelled. Ordered by Judge Colm F. Connolly on 3/30/2021. (nmf) |
| Mar 24, 2021 | 251 | SO ORDERED (2) Docket Text: SO ORDERED, re [250] Stipulation and Order Regarding Post-Trial Briefing filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 3/24/2021. (fms) |
| Mar 23, 2021 | 250 | Stipulation (2) Docket Text: STIPULATION Post-Trial Briefing Stipulation and [Proposed] Order regarding Post-Trial Briefing by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Mar 18, 2021 | 249 | Proposed Findings of Fact (5) Docket Text: Proposed Findings of Fact by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Mar 11, 2021 | 248 | Notice (Other) (5) Docket Text: NOTICE of Withdrawal of Counsel (Jennifer A. Ward) by Arius Two, Inc., BioDelivery Sciences International, Inc. (Ward, Jennifer) |
| Mar 9, 2021 | 247 | Main Document (6) Docket Text: REDACTED VERSION of [245] Stipulation, Joint Trial Stipulation by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit Certificate of Service)(Gattuso, Dominick) |
| Mar 9, 2021 | 247 | Exhibit Certificate of Service (1) |
| Mar 3, 2021 | N/A | Bench Trial - Completed (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial completed on 3/3/2021 (DAY 3). (Court Reporter V. Gunning.) (fms) |
| Mar 2, 2021 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 3/2/2021 (DAY 2). (Court Reporter V. Gunning.) (fms) |
| Mar 1, 2021 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Bench Trial held on 3/1/2021 (DAY 1). (Court Reporter V. Gunning.) (fms) |
| Feb 26, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (230 in 1:18-cv-01395-CFC-CJB, 328 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order filed by BioDelivery Sciences International, Inc., Arius Two, Inc., (229 in 1:18-cv-01395-CFC-CJB, 327 in 1:19-cv-00444-CFC-CJB) Proposed Pretrial Order filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/26/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Feb 26, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The bench trial set to begin on Monday, 3/1/2021 is available to the public by telephone, using Dial In #: 1 703-552-8058, Passcode: 487710*. Audio or video reproduction of the proceeding is strictly prohibited. Ordered by Judge Colm F. Connolly on 2/26/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Feb 26, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER, A Telephone Conference is set for 2/26/2021 at 02:00 PM before Judge Colm F. Connolly to discuss the impact of the signed stipulation filed in C.A. No. 19-444-CFC-CJB (D.I. 338). Counsel for the plaintiff shall provide dial-in information to the Court and counsel. Ordered by Judge Colm F. Connolly on 2/26/2021. (fms) |
| Feb 26, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 2/26/2021. (Court Reporter V. Gunning.) (nmf) |
| Feb 25, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendant Alvogen's February 24, 2021 letter requesting a discovery teleconference, (D.I. 241), and Plaintiffs' responsive letter thereto, in which Plaintiffs confirm that there is no discovery dispute, because they have not refused to produce the agreements that Alvogen is requesting, (D.I. 243), hereby DENIES Defendants' request for a discovery teleconference. To the extent that Plaintiffs locate any of the agreements at issue by then, they shall produce them to Alvogen by no later than February 26, 2021. To the extent Plaintiffs do not locate any such agreements by February 26, 2021, they shall communicate with Defendants by that date to update Defendants on the status of the search. In light of the upcoming March 1, 2021 trial date, the Court expects that the parties will further cooperate with each other to resolve this issue going forward.. Ordered by Judge Christopher J. Burke on 2/25/2021. (dlb) |
| Feb 24, 2021 | 241 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Request for EMERGENCY Discovery Teleconference. (Gattuso, Dominick) |
| Feb 24, 2021 | 242 | Main Document (2) Docket Text: REDACTED VERSION of [237] Letter Letter to The Honorable Colm F. Connolly from Dominick T. Gattuso, Esquire regarding Plaintiffs' Letter of February 16, 2021 by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit Certificate of Service)(Gattuso, Dominick) |
| Feb 24, 2021 | 242 | Exhibit Certificate of Service (1) |
| Feb 24, 2021 | 243 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Alvogen's Letter - re [241] Letter. (Tigan, Jeremy) |
| Feb 23, 2021 | 240 | Main Document (2) Docket Text: REDACTED VERSION of [236] Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 1-3)(Tigan, Jeremy) |
| Feb 23, 2021 | 240 | Exhibits 1-3 (4) |
| Feb 18, 2021 | N/A | Pretrial Conference - Final (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Final Pretrial Conference held on 2/18/2021. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Feb 18, 2021 | 238 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Dr. Bozena B. Michniak-Kohn on February 19, 2021 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Feb 18, 2021 | 239 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Dr. Steven L. Shafer on February 22, 2021 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Feb 17, 2021 | N/A | Order on Motion to Strike (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke Teleconference regarding the Motion to Strike Portions of Defendants' Expert Reports (the "Motion"), (D.I. 219 in Civil Action No. 18-1395-CFC-CJB; D.I. 321 in Civil Action No. 19-444-CFC-CJB), held on February 17, 2021. After hearing the parties regarding the Motion, the Court DENIED the Motion. The transcript shall serve as the substance of the Court's Order. (Clerk, Sforza) APPEARANCES: J. Tigan, H. Levine, J. Swan and D. Chung for Plaintiffs; D. Gattuso, S. Sklar, G. Bays and J. Sanner for Alvogen Defendants; A. Gaza, S. Wilson, D. Varughese and G. Godfrey for Chemo Defendants. (Court Reporter, Valerie Gunning) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(dlb) |
| Feb 11, 2021 | 235 | Main Document (4) Docket Text: REDACTED VERSION of (330 in 1:19-cv-00444-CFC-CJB, 231 in 1:18-cv-01395-CFC-CJB) Letter, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 1-5)(Ward, Jennifer) |
| Feb 11, 2021 | 235 | Exhibits 1-5 (41) |
| Feb 8, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A telephone conference will be held today at either 2:00 p.m. or 4:00 p.m. Counsel shall confer and let the Court know as soon as possible which of these times works best for the parties. Counsel for the Plaintiffs shall coordinate this call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 2/8/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Feb 8, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 2/8/2021. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Feb 8, 2021 | 233 | Main Document (7) Docket Text: REDACTED VERSION of (326 in 1:19-cv-00444-CFC-CJB) Letter, to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esq. regarding Opposition to Plaintiffs' Motion to Strike by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit A-J Shall Remain Under Seal, # (2) Exhibit Certificate of Service)(Gattuso, Dominick) |
| Feb 8, 2021 | 233 | Exhibit A-J Shall Remain Under Seal (1) |
| Feb 8, 2021 | 233 | Exhibit Certificate of Service (1) |
| Feb 8, 2021 | 234 | SO ORDERED (4) Docket Text: SO ORDERED, re (331 in 1:19-cv-00444-CFC-CJB, 232 in 1:18-cv-01395-CFC-CJB) Joint STIPULATION TO EXTEND TIME to submit any redaction to the January 29, 2021 pretrial order, other trial-related under seal submissions, and pretrial and trial transcripts to 30 days after post-trial briefing is complete filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 2/8/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Feb 5, 2021 | 232 | Stipulation to EXTEND Time (4) Docket Text: Joint STIPULATION TO EXTEND TIME to submit any redaction to the January 29, 2021 pretrial order, other trial-related under seal submissions, and pretrial and trial transcripts to 30 days after post-trial briefing is complete - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha) |
| Jan 29, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (226 in 1:18-cv-01395-CFC-CJB, 325 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME to submit a Proposed Pretrial Order to January 29, 2021 at 5:00 p.m. filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Ordered by Judge Colm F. Connolly on 1/29/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Jan 29, 2021 | 227 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Joint Notice Pursuant to 35 U.S.C. § 282 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 28, 2021 | 225 | Main Document (5) Docket Text: REDACTED VERSION of (322 in 1:19-cv-00444-CFC-CJB, 220 in 1:18-cv-01395-CFC-CJB) Letter,, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 1-10)(Tigan, Jeremy) |
| Jan 28, 2021 | 225 | Exhibits 1-10 (1) |
| Jan 28, 2021 | 226 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to submit a Proposed Pretrial Order to January 29, 2021 at 5:00 p.m. - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Gaza, Anne) |
| Jan 27, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (323 in 1:19-cv-00444-CFC-CJB) Stipulation filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L.. Ordered by Judge Colm F. Connolly on 1/27/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Jan 27, 2021 | 224 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order to Take Expert Depositions Out of Time by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha) |
| Jan 26, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney David M. Airan for Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated 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 25, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [223] MOTION for Pro Hac Vice Appearance of Attorney David M. Airan of Leydig, Voit and Mayer, Ltd. filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 1/25/2021. (fms) |
| Jan 25, 2021 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed Plaintiffs' Motion to Strike Defendants' Expert Opinions, References, and Materials, (the "Motion"). (D.I. 219) It hereby ORDERS that the procedures set out in the Scheduling Order will be modified as follows: (1) A teleconference to address the Motion is set for February 17, 2021 at 2:00 PM before Judge Christopher J. Burke.; (2) By no later than January 29, 2021, Defendants may file an answering brief, not to exceed five (5) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition to the Motion.; (3) By no later than February 1, 2021, Plaintiffs may file a reply brief, not to exceed two (2) single-spaced pages, in no less than 12-point font.; and (4) By no later than February 1, 2021, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.. Signed by Judge Christopher J. Burke on 1/25/2021. (dlb) |
| Jan 25, 2021 | 223 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney David M. Airan of Leydig, Voit and Mayer, Ltd. - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jan 21, 2021 | N/A | Motions Referred (0) Docket Text: MOTIONS REFERRED: (219 in 1:18-cv-01395-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials, (321 in 1:19-cv-00444-CFC-CJB) MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials Motion referred to Christopher J. Burke.Associated Cases: 1:19-cv-00444-CFC-CJB, 1:18-cv-01395-CFC-CJB(dlb) |
| Jan 21, 2021 | 217 | Notice (Other) (2) Docket Text: NOTICE of of Withdrawal of Pending Motion to Strike by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated re [192] MOTION to Strike BDSI's Untimely Expert Disclosures (Gattuso, Dominick) |
| Jan 21, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Pursuant to the notice filed today, (D.I. 217), the hearing set for February 1, 2021 at 3:00 p.m. is hereby CANCELLED. Ordered by Judge Christopher J. Burke on 1/21/2021. (dlb) |
| Jan 21, 2021 | 219 | Main Document (5) Docket Text: MOTION to Strike Defendants' Untimely Expert Opinions, References, and Materials - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Text of Proposed Order)(Tigan, Jeremy) |
| Jan 21, 2021 | 219 | Text of Proposed Order (2) |
| Jan 21, 2021 | 221 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Notice of Withdrawal of Pending Motion to Strike and the Court's Subsequent Order Canceling the February 1, 2021 Oral Argument - re [217] Notice (Other), [218] Oral Order. (Tigan, Jeremy) |
| Jan 19, 2021 | 213 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants Reply Expert report of Bozena B. Michniak-Kohn, Ph.D. [HIGHLY CONFIDENTIAL]; and (ii) Defendants Reply Expert report of Steven L. Shafer, MD [HIGHLY CONFIDENTIAL] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 19, 2021 | 214 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Dr. Stephen Davies on a time, date, and place as mutually agreed to by the parties filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 19, 2021 | 215 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Dr. Richard L. Rauck, M.D. on a mutually agreed upon date and time filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 19, 2021 | 216 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Dr. David R. Taft on a mutually agreed upon date and time filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 17, 2021 | 212 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of Dr. Robert O. Williams, III on a mutually agreed upon date and time filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 15, 2021 | 210 | SO ORDERED (2) Docket Text: SO ORDERED, re (311 in 1:19-cv-00444-CFC-CJB, 208 in 1:18-cv-01395-CFC-CJB) Stipulation filed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Signed by Judge Colm F. Connolly on 1/15/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Jan 15, 2021 | 211 | SO ORDERED (2) Docket Text: SO ORDERED, re (312 in 1:19-cv-00444-CFC-CJB, 209 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME Defendants to Serve Reply Expert Reports to January 15, 2021 filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 1/15/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Jan 14, 2021 | 207 | Main Document (4) Docket Text: REDACTED VERSION of [201] Letter, regarding Alvogen's Motion to Strike BDSI's Untimely Expert Disclosures by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit Ex. 8 Shall Remain Under Seal, # (2) Exhibit Certificate of Service)(Gattuso, Dominick) |
| Jan 14, 2021 | 207 | Exhibit Ex. 8 Shall Remain Under Seal (1) |
| Jan 14, 2021 | 207 | Exhibit Certificate of Service (1) |
| Jan 14, 2021 | 208 | Stipulation (2) Docket Text: STIPULATION to Amend Protective Order re (48 in 1:19-cv-00444-CFC-CJB) Protective Order, (32 in 1:18-cv-01395-CFC-CJB) Protective Order by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jan 14, 2021 | 209 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME Defendants to Serve Reply Expert Reports to January 15, 2021 - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jan 12, 2021 | 206 | Main Document (7) Docket Text: REDACTED VERSION of [199] Letter, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 1-18)(Tigan, Jeremy) |
| Jan 12, 2021 | 206 | Exhibits 1-18 (220) |
| Jan 8, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 7, 2021 letter requesting a teleconference regarding Defendants Motion to Strike Plaintiffs' Expert Reports in Civil Action No. 18-1395-CFC-CJB. (Civil Action No. 18-1395-CFC-CJB, D.I. 202) It hereby ORDERS as follows: (1) A teleconference to address this motion is set for February 1, 2021 at 3:00 p.m. before Judge Christopher J. Burke.; and (2) By no later than January 28, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. The Chemo Defendants in Civil Action No. 19-444-CFC-CJB may participate in the call for the purposes described in their recent letter. (Civil Action No. 18-1395-CFC-CJB, D.I. 203). Signed by Judge Christopher J. Burke on 1/8/2021. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(dlb) |
| Jan 8, 2021 | 205 | Notice (Other) (5) Docket Text: NOTICE of Change of Firm Affiliation by Arius Two, Inc., BioDelivery Sciences International, Inc. (Tigan, Jeremy) |
| Jan 7, 2021 | 202 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Request Teleconference to hear argument - re [201] Letter,. (Gattuso, Dominick) |
| Jan 7, 2021 | 203 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Anne Shea Gaza on behalf of the Chemo Defendants regarding Alvogen's Motion to Strike - re (192 in 1:18-cv-01395-CFC-CJB) MOTION to Strike BDSI's Untimely Expert Disclosures. (Gaza, Anne) |
| Jan 4, 2021 | 200 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Document for In Camera Review - re [199] Letter,. (Tigan, Jeremy) |
| Dec 30, 2020 | 197 | Main Document (5) Docket Text: REDACTED VERSION of [194] Opening Brief in Support, OPENING BRIEF in Support re DI 192 MOTION to Strike BDSI's Untimely Expert Disclosures by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit Certificate of Service)(Gattuso, Dominick) |
| Dec 30, 2020 | 197 | Exhibit Certificate of Service (1) |
| Dec 30, 2020 | 198 | Main Document (3) Docket Text: REDACTED VERSION of [195] Declaration, of Steven H. Sklar by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit Exs. 1-7 Shall Remain Under Seal, # (2) Exhibit Certificate of Service)(Gattuso, Dominick) |
| Dec 30, 2020 | 198 | Exhibit Exs. 1-7 Shall Remain Under Seal (1) |
| Dec 30, 2020 | 198 | Exhibit Certificate of Service (1) |
| Dec 28, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [196] STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' motion to strike (D.I. 192) to January 4, 2021 filed by BioDelivery Sciences International, Inc., Arius Two, Inc., Set Briefing Schedule: re [192] MOTION to Strike BDSI's Untimely Expert Disclosures. (Answering Brief due 1/4/2021.) Signed by Judge Colm F. Connolly on 12/28/2020. (nmf) |
| Dec 24, 2020 | 196 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' motion to strike (D.I. 192) to January 4, 2021 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Ward, Jennifer) |
| Dec 23, 2020 | 192 | Main Document (2) Docket Text: MOTION to Strike BDSI's Untimely Expert Disclosures - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Text of Proposed Order [Proposed] Order)(Gattuso, Dominick) |
| Dec 23, 2020 | 192 | Text of Proposed Order [Proposed] Order (2) |
| Dec 23, 2020 | 193 | Declaration (2) Docket Text: DECLARATION re [192] MOTION to Strike BDSI's Untimely Expert DisclosuresCertification Pursuant to D. Del. Local Rule 7.1.1 by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Dec 18, 2020 | 191 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) December 17, 2020 Rebuttal Expert Report of Richard L. Rauck, M.D., (2) December 17, 2020 Report of Dr. David R. Taft, (3) December 17, 2020 Rebuttal Report of Dr. Stephen G. Davies, DS. Phil. On Validity, and (4) Rebuttal Expert Report of Dr. Robert O. Williams, III filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 10, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (303 in 1:19-cv-00444-CFC-CJB, 190 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME for (1) Plaintiffs to serve a new expert rebuttal report on validity; and (2) Defendants to serve new reply expert reports on invalidity to December 17, 2020 and January 14, 2021, respectively filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 12/10/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Dec 9, 2020 | 190 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for (1) Plaintiffs to serve a new expert rebuttal report on validity; and (2) Defendants to serve new reply expert reports on invalidity to December 17, 2020 and January 14, 2021, respectively - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Nov 23, 2020 | 189 | SO ORDERED (3) Docket Text: SO ORDERED, re (300 in 1:19-cv-00444-CFC-CJB, 188 in 1:18-cv-01395-CFC-CJB) Stipulation filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc.. Signed by Judge Colm F. Connolly on 11/23/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Nov 20, 2020 | 188 | Stipulation (3) Docket Text: STIPULATION Amending Expert Discovery Deadlines and [Proposed] Order by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Oct 22, 2020 | 187 | Redacted Document (1) Docket Text: REDACTED VERSION of [184] Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Oct 9, 2020 | 186 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Dr. Steven L. Shafer on October 12, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Oct 6, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER re (288 in 1:19-cv-00444-CFC-CJB, 184 in 1:18-cv-01395-CFC-CJB) Letter, ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 10/6/2020 at 01:00 PM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 10/6/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Oct 6, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 10/6/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Oct 6, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Re-Setting Scheduling Order Deadlines: The Final Pretrial Conference is rescheduled for 2/18/2021 at 03:30 PM in Courtroom 4B before Judge Colm F. Connolly., The Bench Trial is rescheduled for 3/1/2021 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 10/6/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Oct 6, 2020 | 185 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of Stephen G. Davies on October 7, 2020 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Oct 1, 2020 | 183 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Reza Fassihi, Ph.D. on October 2, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Sep 29, 2020 | 181 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Surreply Report of Dr. Stephen G. Davies, D. Phil. On Validity filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Sep 29, 2020 | 182 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Dr. Bozena B. Michniak-Kohn on September 30, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Sep 23, 2020 | 180 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Dr. Perry G. Fine on September 24, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Sep 22, 2020 | 179 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Dr. James E. Polli on September 23, 2020 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Sep 16, 2020 | 178 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of Dr. David Taft on September 18, 2020 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Sep 15, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 9/15/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Sep 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER approving (275 in 1:19-cv-00444-CFC-CJB, 174 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME to File Joint Proposed Pretrial Order to October 21, 2020, Set/Reset Scheduling Order Deadlines: (The Telephonic Final Pretrial Conference is set for 11/5/2020 at 10:00 AM before Judge Colm F. Connolly. Counsel shall coordinate the call and email the dial-in information to chambers., Proposed Pretrial Order due by 10/21/2020.) Ordered by Judge Colm F. Connolly on 9/15/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Sep 15, 2020 | 177 | Notice of Change of Address (4) Docket Text: NOTICE of Change of Address by Jeremy A. Tigan (Tigan, Jeremy) |
| Sep 14, 2020 | 176 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of Dr. Ronald Thisted on September 15, 2020 filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Sep 11, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: re (275 in 1:19-cv-00444-CFC-CJB, 174 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME to File Joint Proposed Pretrial Order to October 21, 2020, ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers.( A Telephone Conference is set for 9/15/2020 at 03:00 PM before Judge Colm F. Connolly). Ordered by Judge Colm F. Connolly on 9/11/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Sep 10, 2020 | 174 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to File Joint Proposed Pretrial Order to October 21, 2020 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Sep 10, 2020 | 175 | Notice to Take Deposition (7) Docket Text: NOTICE to Take Deposition of Richard Rauck on September 11, 2020 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Gaza, Anne) |
| Aug 31, 2020 | 172 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of of (i) Defendants Reply Expert report of Steven L. Shaffer, M.D. (with exhibit A) [HIGHLY CONFIDENTIAL]; and (ii) Defendants Reply Expert report of Bozena B. Michniak-Kohn, Ph.D. [HIGHLY CONFIDENTIAL] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Aug 31, 2020 | 173 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Lisbeth Illum on Infringement, (2) Reply Expert Report of Richard L. Rauck M.D., on Infringement, (3) Reply Expert Report of Dr. James E. Polli on Infringement, (4) Reply Expert Report of Dr. David R. Taft on Infringement, and (5) Reply Expert Report of Dr. Stephen G. Davies, D.Phil. on Infringement filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Aug 20, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (171 in 1:18-cv-01395-CFC-CJB, 268 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME Reply Expert Reports and Depositions of Expert Witnesses to August 28, 2020 and October 1, 2020 respectively filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 8/20/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Aug 20, 2020 | 171 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME Reply Expert Reports and Depositions of Expert Witnesses to August 28, 2020 and October 1, 2020 respectively - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Aug 6, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [170] Stipulation filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Ordered by Judge Colm F. Connolly on 8/6/2020. (fms) |
| Aug 6, 2020 | 170 | Stipulation (2) Docket Text: STIPULATION Amend Stipulated Protective Order to Include Stinson LLP re [32] Protective Order by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Aug 4, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Jeremy C. Lowe for Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Aug 3, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (267 in 1:19-cv-00444-CFC-CJB, 169 in 1:18-cv-01395-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Jeremy C. Lowe filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 8/3/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Jul 31, 2020 | 169 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jeremy C. Lowe - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jul 27, 2020 | 167 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants Rebuttal Expert report of Steven L. Shaffer, M.D. (with exhibits A-C) [HIGHLY CONFIDENTIAL]; and (ii) Defendants Rebuttal Expert report of Dr. Reza Fassihi, Ph.D. regarding Non-Infringement of U.S. Patent Nos. 8,147,866, 9,655,843 and 9,901,539 (with exhibits A-B) [HIGHLY CONFIDENTIAL] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jul 27, 2020 | 168 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of (1) Rebuttal Report of Ronald A. Thisted, Ph.D., (2) Rebuttal Report of Dr. Stephen G. Davies, D.Phil. on Validity, (3) Rebuttal Expert Report of Dr. Richard L. Rauck, M.D., (4) Rebuttal Expert Report of Dr. Lisbeth Illum on Validity, and (5) Rebuttal Report of Dr. David R. Taft filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jul 15, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf of the stipulation at D.I. 165 in Civil Action No. 18-1395 and at D.I. 264 in Civil Action No. 19-444 has been replaced per request of filer with a corrected version that includes a signature line for the Judge. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Jul 15, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (264 in 1:19-cv-00444-CFC-CJB, 165 in 1:18-cv-01395-CFC-CJB) Stipulation, filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc.. Ordered by Judge Colm F. Connolly on 7/15/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Jul 14, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (166 in 1:18-cv-01395-CFC-CJB, 265 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates (See Stipulation) filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 7/14/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Jul 14, 2020 | 165 | Stipulation (5) Docket Text: Joint STIPULATION regarding NDA-IND Documents by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) (Main Document 165 replaced on 7/15/2020) (nmf, ). |
| Jul 14, 2020 | 166 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates (See Stipulation) - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jun 19, 2020 | 164 | Main Document (3) Docket Text: REDACTED VERSION of [157] Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Discovery Agenda by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit A [Shall Remain Under Seal], # (2) Exhibit Certificate of Service)(Gattuso, Dominick) |
| Jun 19, 2020 | 164 | Exhibit A [Shall Remain Under Seal] (1) |
| Jun 19, 2020 | 164 | Exhibit Certificate of Service (1) |
| Jun 17, 2020 | 162 | Transcript (31) Docket Text: Official Transcript of telephone conference held on June 15, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/8/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/15/2020. (vjg) |
| Jun 17, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' discovery dispute motion, in which they seek to strike certain prior art references from Defendants' invalidity contentions ("Motion"), (D.I. 154), the briefing related thereto, (D.I. 155; D.I. 157), and having heard oral argument, (D.I. 162 (hereinafter "Tr.")), HEREBY ORDERS that Plaintiffs' Motion is DENIED. Although originally at issue was Plaintiffs' request to strike 18 prior art references and certain Section 112 defenses from Defendants' March 27, 2020 supplemental invalidity contentions, (D.I. 155 at 1-2), the parties were later able to narrow the dispute to just two prior art references (Temgesic 2008 Label and Myers III), (D.I. 157 at 1-2; Tr. at 5-6). As to the inclusion of those two references, the Court does not agree with Plaintiffs that Defendants must demonstrate "good cause" for the amendment, (D.I. 155 at 2), because there is not a "good cause" requirement in the Scheduling Order regarding the amendment of contentions and there is not otherwise a deadline in the Scheduling Order clearly stating that Defendants' contentions were required to be finally amended by a date earlier than March 27, 2020. See ICU Med., Inc. v. RyMed Techs., Inc., 674 F. Supp. 2d 574, 577 (D. Del. 2009); see also D.I. 156 at 1-2. Of course, the amendment was still required to be timely pursuant to Fed. R. Civ. P. 26. But even assuming that Defendants' attempt to introduce these references in their March 27 supplemental invalidity contentions was untimely, in the Court's view, the Pennypack factors would not require striking the references. Key here are the "possibility of curing the prejudice" and "likelihood of the disruption of trial" factors, which militate strongly enough in Defendants' favor that they win the day for Defendants. With regard to curing the prejudice, it does not appear that Plaintiffs need any further discovery on the references, and it seems that Plaintiffs could address the references with their experts without much additional cost or time lost. And as to disruption of trial, this cure would, as Plaintiffs acknowledged, be able to be accomplished without any impact on the trial date. (Tr. at 14) Although the two references do not strike the Court as particularly crucial to Defendants' case, it seems wrong to strike them under these circumstances. Ordered by Judge Christopher J. Burke on 6/17/2020. (dlb) |
| Jun 16, 2020 | 161 | Main Document (5) Docket Text: REDACTED VERSION of [155] Letter by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 1-4)(Tigan, Jeremy) |
| Jun 16, 2020 | 161 | Exhibits 1-4 (167) |
| Jun 15, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 6/15/2020. The Court heard the parties' arguments regarding the parties' discovery dispute, (D.I. 154). The Court took the matters under advisement. (Clerk, Schwerin) APPEARANCES: J. Tigan J. Swan and H. Levine for Plaintiffs; D. Gattuso, S. Sklar and G. Bays for Defendants. Court reporter Valerie Gunning. (dlb) |
| Jun 15, 2020 | 159 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Opening Expert reports of Bozena B. Michniak-Kohn, Ph.D. and Steven L. Shafer, M.D. filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jun 15, 2020 | 160 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Opening Expert report of Perry G. Fine, M.D. regarding Invalidity filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jun 12, 2020 | 158 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Opening Expert Report of Dr. Stephen G. Davies, D.Phil. on Infringement; (2) Opening Expert Report of Richard L. Rauck M.D., on Infringement; (3) Opening Expert Report of Dr. James E. Polli on Infringement; and (4) Opening Expert Report of Dr. David R. Taft on Infringement filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jun 4, 2020 | 154 | Motion for Miscellaneous Relief (3) Docket Text: MOTION for Teleconference to Resolve Discovery Disputes - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) |
| Jun 4, 2020 | 156 | Memorandum and Order (2) Docket Text: MEMORANDUM ORDER OVERRULING [146] Objections, filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/4/2020. (nmf) |
| May 29, 2020 | N/A | Remark (0) Docket Text: Remark: The text of the May 28, 2020 oral order, (D.I. 153), has been modified to reflect that the opening letter brief shall be filed by the side requesting relief, and the answering letter brief shall be filed by the side opposing relief. (mlc) |
| May 28, 2020 | 152 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Discovery Teleconference. (Tigan, Jeremy) |
| May 28, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' May 28, 2020 letter requesting a discovery teleconference regarding each side's respective discovery dispute. (D.I. [152]) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for 6/15/2020 at 04:00 PM before Judge Christopher J. Burke.; (2) By no later than June 4, 2020, the side requesting relief shall file an opening letter brief, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues as to the dispute they are raising.; (3) By no later than June 11, 2020, the side opposing relief may file an answering letter brief, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition to the opening letter brief of the other side.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than June 12, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 5/28/2020. (mlc) Modified on 5/29/2020 (mlc). |
| May 26, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (151 in 1:18-cv-01395-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Bonnie Fletcher Price and Daniele San Roman filed by BioDelivery Sciences International, Inc., Arius Two, Inc., (255 in 1:19-cv-00444-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Bonnie Fletcher Price and Daniele San Roman filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 5/6/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| May 26, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Bonnie Fletcher Price and Daniele San Roman for Arius Two, Inc. and BioDelivery Sciences International, 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. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(kmd) |
| May 26, 2020 | 151 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Bonnie Fletcher Price and Daniele San Roman - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| May 21, 2020 | 150 | Main Document (16) Docket Text: REDACTED VERSION of [148] Answering Brief in Opposition,, Alvogen's Response to BDSI's Objections to Magistrate Judge Burkes Order Denying BDSIs Motion to Exclude a portion of Alvogens Supplemental Invalidity Contentions by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Exhibit A, # (2) Exhibit Certificate of Service)(Gattuso, Dominick) |
| May 21, 2020 | 150 | Exhibit A (17) |
| May 21, 2020 | 150 | Exhibit Certificate of Service (1) |
| May 20, 2020 | 149 | Notice Requesting Removal of Co-Counsel (4) Docket Text: NOTICE requesting Clerk to remove Thomas J. Sullivan of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP as co-counsel.. (Tigan, Jeremy) |
| May 2, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (147 in 1:18-cv-01395-CFC-CJB, 249 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates filed by BioDelivery Sciences International, Inc., Arius Two, Inc., ORDER, Setting Deadlines: ( Expert Discovery due by 9/24/2020.). Signed by Judge Colm F. Connolly on 5/2/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Apr 30, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney James W. Sanner for Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC and Alvogen, Incorporated added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Apr 30, 2020 | 147 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME for Expert Discovery Deadlines to Various Dates - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Apr 24, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (248 in 1:19-cv-00444-CFC-CJB, 145 in 1:18-cv-01395-CFC-CJB) STIPULATION TO EXTEND TIME RE: Expert Discovery Deadlines to [See Stipulation] filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 4/24/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Apr 23, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 4/23/2020. (Court Reporter V. Gunning.) Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Apr 23, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Resetting Scheduling Order Deadlines: The Final Pretrial Conference is rescheduled for 10/28/2020 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly., The Bench Trial is rescheduled for 11/9/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 4/23/2020. (nmf) |
| Apr 23, 2020 | 145 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME RE: Expert Discovery Deadlines to [See Stipulation] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha) |
| Apr 20, 2020 | 144 | Redacted Document (2) Docket Text: REDACTED VERSION of (239 in 1:19-cv-00444-CFC-CJB, 138 in 1:18-cv-01395-CFC-CJB) Letter Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esq. re Scheduling Order Including Trial Dates by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Apr 17, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (142 in 1:18-cv-01395-CFC-CJB, 245 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to [See Stipulation] filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 4/17/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Apr 17, 2020 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' discovery dispute motion, (D.I 141), and the parties' letter briefs, (D.I. 135; D.I. 137), and having heard oral argument on April 13, 2020, (D.I. 140), HEREBY ORDERS as follows: (1) A threshold matter here is whether Defendants should be able to supplement their invalidity contentions to raise a Section 112 indefiniteness argument without first making a showing of "good cause," as is required in the Scheduling Order in the related case of BioDelivery Sciences International, Inc. v. Chemo Research S.L., Civil Action No. 19-444-CFC-CJB, D.I. 39 at 5-6 (D. Del. Aug. 7, 2019) (the Chemo case). The Court concludes that Defendants are not required to meet that "good cause" standard. Unlike in the Chemo case, there is no "good cause" requirement in the Scheduling Order in this case. (D.I. 19) And though this case was referenced at times in the Chemo case Scheduling Order, nothing about the respective case schedules or dockets gave Defendants any indication that they were required to meet a "good cause" hurdle before amending their contentions. (Indeed, as Defendants note, Plaintiffs also took advantage of the difference in schedules here, as they too amended their contentions up through the end of fact discovery, without being required to show "good cause" before doing so.) (D.I. 137 at 2); (2) All that said, Defendants' invalidity contentions still were required to be timely supplemented, and -- for all of the reasons set out by the Court in a recent opinion in the Chemo case, (Civil Action No. 19-444-CFC-CJB, D.I. 183) -- here they were not.; (3) In the Chemo case (due to the presence of the "good cause" standard in the Scheduling Order, and the resultant focus on the diligence of the non-movant) the inquiry ended there. But here, the Court must move on to assess the "Pennypack factors," in order to determine whether the untimely amendment should nevertheless be permitted. As to the Pennypack factors: (a) The "surprise or prejudice" factor weighs in favor of Plaintiffs, who might rightly have been surprised to see Defendants make this untimely amendment (which should have been made months earlier, and which was ultimately not permitted in the Chemo case).; (b) As to the "possibility of curing the prejudice" and "disruption of trial" factors, these favor Defendants. The Court is not convinced that extensive discovery will be needed in response to the amendment, and the trial date is still many months away (and may well be further extended), (see D.I. 138).; (c) With regard to the "bad faith or willfulness" factor, it is about neutral. On the one hand, Defendants' delay in amending is pretty clear, but on the other hand, Defendants do not have a history of undue delay or sharp practice in this case.; (d) And as for the "importance of the information withheld" factor, this slightly favors Defendants, because although they are asserting quite a lot of invalidity arguments, (D.I. 135 at 3), the Section 112 defense at issue is "crucial" to them, since it may be the only such defense that could be applied to all asserted claims of all three patents in-suit, (D.I. 137 at 3).; (4) Therefore, because a greater number of Pennypack factors favor Defendants, Plaintiffs motion is DENIED, as the "extreme sanction" of exclusion they seek is not warranted. See Lambda Optical Solutions, LLC v. Alcatel-Lucent USA Inc., Civil Action No. 10-487-RGA-CJB, 2013 WL 1776104, at *2, *8 (D. Del. April 17, 2013) (citation and omitted). Although this result differs from that in the related Chemo case, this difference is understandable, as it flows from differing legal standards that applied in light of the two cases' different Scheduling Orders.; (5) The Court further ORDERS the parties to meet and confer regarding a plan for any supplemental discovery. Ordered by Judge Christopher J. Burke on 4/17/2020. (dlb) |
| Apr 16, 2020 | 142 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to [See Stipulation] - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha) |
| Apr 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: Counsel for Plaintiffs to coordinate the call and email the dial-in information to chambers. A Telephone Conference is set for 4/23/2020 at 10:15 AM before Judge Colm F. Connolly to discuss scheduling. Ordered by Judge Colm F. Connolly on 4/15/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Apr 15, 2020 | 141 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) |
| Apr 14, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 4/13/2020. The Court heard the parties' arguments regarding the parties' discovery dispute. The Court took the matters under advisement. (Clerk, Schwerin) APPEARANCES: J. Tigan and H. Levine for Plaintiffs; D. Gattuso, G. Bays for Defendants. Court reporter Valerie Gunning. (dlb) |
| Apr 14, 2020 | 140 | Transcript (21) Docket Text: Official Transcript of telephone conference held on April 13, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/5/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020. (vjg) |
| Apr 13, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, in light of its previous oral order, (D.I. 134), HEREBY ORDERS the parties to this dispute shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website. Ordered by Judge Christopher J. Burke on 4/13/2020. (dlb) |
| Apr 9, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (136 in 1:18-cv-01395-CFC-CJB, 237 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to (See Stipulation) filed by IntelGenx Corp., IntelGenX Technologies Corp., Chemo Research, S.L., Insud Pharma S.L. Signed by Judge Colm F. Connolly on 4/9/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Apr 9, 2020 | 136 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME [Expert Discovery Deadlines] to (See Stipulation) - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha) |
| Apr 9, 2020 | 137 | Main Document (4) Docket Text: Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Response to Plaintiffs Opening Discovery Letter - re [135] Letter. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Gattuso, Dominick) |
| Apr 9, 2020 | 137 | Exhibit A (11) |
| Apr 9, 2020 | 137 | Exhibit B (14) |
| Apr 9, 2020 | 137 | Exhibit C (3) |
| Apr 1, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' March 30, 2020, letter requesting a discovery teleconference. (D.I. 132) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 19), will be modified as follows with regard to these disputes: (1) A discovery dispute teleconference is set for April 13, 2020 at 3:00 PM before Judge Christopher J. Burke.; (2) By no later than April 3, 2020, the side requesting relief shall file with the Court a letter, not to exceed three single-spaced (3) pages, in no less than 12-point font, outlining the issues as to the disputes they are raising.; (3) By no later than April 10, 2020, the side opposing relief may file an answering letter brief, not to exceed three single-spaced (3) pages, in no less than 12-point font, outlining their reasons for their opposition.; and (4) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 4/1/2020. (dlb) |
| Mar 31, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [133] MOTION for Pro Hac Vice Appearance of Attorney James W. Sanner filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 3/31/2020. (fms) |
| Mar 31, 2020 | 133 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney James W. Sanner - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Mar 30, 2020 | 132 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding the parties request the scheduling of a discovery teleconference. (Tigan, Jeremy) |
| Mar 27, 2020 | 130 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplemental Responses and Objections to Defendants' Third Set of Interrogatories to Plaintiffs Pursuant to Rule 33 (Nos 12, 13, 16, 20, 21, and 22) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Mar 27, 2020 | 131 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Final Invalidity Contentions Pursuant to Paragraph 4(D) of the Default Standard for Discovery [Highly Confidential] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Mar 26, 2020 | 128 | Stipulation (3) Docket Text: Joint STIPULATION Regarding Authenticity of ANDA Submissions by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Mar 26, 2020 | 129 | SO ORDERED (3) Docket Text: SO ORDERED, re [128] Joint STIPULATION Regarding Authenticity of ANDA Submissions. Signed by Judge Colm F. Connolly on 3/26/2020. (nmf) |
| Mar 16, 2020 | 127 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Joseph Thomas (30)(b)(1) on March 20, 2020 filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha) |
| Feb 18, 2020 | 126 | SO ORDERED (2) Docket Text: SO ORDERED, re [125] STIPULATION TO EXTEND TIME Regarding Fact Discovery and Expert Discovery Deadlines to Various Dates filed by BioDelivery Sciences International, Inc., Arius Two, Inc., Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 3/27/2020., Opening Expert Reports due by 4/10/2020., Rebuttal Expert Reports due by 5/8/2020., Reply Expert Reports due by 6/5/2020., Expert Discovery due by 7/17/2020. Signed by Judge Colm F. Connolly on 2/18/2020. (fms) |
| Feb 14, 2020 | 125 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME Regarding Fact Discovery and Expert Discovery Deadlines to Various Dates - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 10, 2020 | 123 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Fourth Set of Interrogatories to Plaintiffs Pursuant to Rule 33 (Nos. 31-33) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Feb 10, 2020 | 124 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Objections and Responses to Plaintiffs Second Set of Interrogatories to Defendants (Nos. 9-15) [Highly Confidential] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Feb 4, 2020 | 122 | Main Document (2) Docket Text: NOTICE of Deposition of Gary Goodson on February 6, 2020 at 9:00 a.m. by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Gattuso, Dominick) |
| Feb 4, 2020 | 122 | Exhibit A (4) |
| Feb 4, 2020 | 122 | Exhibit B (3) |
| Feb 3, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (119 in 1:18-cv-01395-CFC-CJB, 150 in 1:19-cv-00444-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Jeffrey D. Smyth of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/3/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(fms) |
| Feb 3, 2020 | 120 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants Second Supplementary Invalidity Contentions Pursuant to Paragraph 4(d) of the Default Standard for Discovery [Highly Confidential] filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Feb 3, 2020 | 121 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Supplemental Objections and Response to Defendants' First Set of Interrogatories (No. 1) and (2) Plaintiffs' Second Supplement to Their Claim Charts on Infringement of the '866, '843, and '539 Patents by Defendants Pursuant to Paragraph 4(c) of the Default Standard for Discovery filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jan 31, 2020 | 119 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jeffrey D. Smyth of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jan 27, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the Alvogen Defendants' January 24, 2020 letter, (D.I. 115 in Civil Action No. 18-1395-CFC-CJB), concerning the January 27, 2020 discovery dispute teleconference in Civil Action No. 19-444-CFC-CJB (the "Teleconference"), hereby GRANTS the Alvogen Defendants' request to participate in the Teleconference. The Alvogen Defendants shall coordinate with the parties to Civil Action No. 19-444-CFC-CJB regarding dial-in information and procedures to facilitate participation in the Teleconference. Ordered by Judge Christopher J. Burke on 1/27/2020. (dlb) |
| Jan 24, 2020 | 115 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Dominick T. Gattuso, Esquire regarding Discovery Dispute Teleconference. (Gattuso, Dominick) |
| Jan 24, 2020 | 116 | Notice (Other) (6) Docket Text: NOTICE of Subpoena of Dr. Mark Sirgo with Exhibit A by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| Jan 24, 2020 | 117 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Meena Venugopal on February 3, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jan 23, 2020 | 114 | Order (5) Docket Text: CLAIM CONSTRUCTION ORDER re (113 in 1:18-cv-01395-CFC-CJB, 139 in 1:19-cv-00444-CFC-CJB) Proposed Order filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 1/23/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Jan 22, 2020 | 112 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Third Set of Interrogatories to Plaintiffs Pursuant to Rule 33 (Nos. 11-30) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jan 22, 2020 | 113 | Proposed Order (5) Docket Text: PROPOSED ORDER --[Proposed] Claim Construction Order-- by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jan 16, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re (111 in 1:18-cv-01395-CFC-CJB, 130 in 1:19-cv-00444-CFC-CJB) STIPULATION TO EXTEND TIME Proposed Claim Construction Order to January 22, 2020 filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 1/16/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Jan 15, 2020 | 110 | Notice (Other) (5) Docket Text: NOTICE of Subpoena for Deposition of Mr. Gary Goodson by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| Jan 15, 2020 | 111 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME Proposed Claim Construction Order to January 22, 2020 - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jan 13, 2020 | 109 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections to Defendants' Notice of Deposition of Plaintiffs BioDelivery Sciences International, Inc. and Arius Two, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jan 10, 2020 | 108 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's Notice of Deposition Under Fed. R. Civ. P. 30(b)(6) filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 8, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Counsel shall jointly file, on or before January 15, 2020, a proposed order that sets forth the constructions as adopted by the Court during the December 20, 2019 Markman Hearing. Ordered by Judge Colm F. Connolly on 1/8/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Jan 7, 2020 | 107 | Redacted Document (3) Docket Text: REDACTED VERSION of [100] Letter by Endo Pharmaceuticals, Inc.. (Tigan, Jeremy) |
| Jan 3, 2020 | 103 | Notice (Other) (19) Docket Text: NOTICE of Subpoenas (Komal Mulchandani, Raghavendra Gupta, ZhuJun Chen and Gail Rocklin) by Arius Two, Inc., BioDelivery Sciences International, Inc. (Tigan, Jeremy) |
| Jan 3, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The 1/7/2020 Discovery Conference is cancelled per request of Counsel as the dispute has been resolved. Ordered by Judge Christopher J. Burke on 1/3/2020. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(mlc) |
| Jan 3, 2020 | 105 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories to Defendants (Nos. 9-15) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jan 3, 2020 | 106 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Fourth Set of Interrogatories (Nos. 31-33) to Plaintiffs filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Gaza, Anne) |
| Dec 27, 2019 | 102 | Redacted Document (30) Docket Text: REDACTED VERSION of (97 in 1:18-cv-01395-CFC-CJB, 108 in 1:19-cv-00444-CFC-CJB) Letter, by Chemo Research, S.L., Insud Pharma S.L.. (Gaza, Anne) |
| Dec 23, 2019 | 101 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants Third Set of Interrogatories (Nos. 11-28) to Plaintiffs filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Dec 20, 2019 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 12/20/2019. (Court Reporter V. Gunning.) Counsel to submit a proposed order to the Court. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Dec 19, 2019 | 99 | Letter (2) Docket Text: Letter to The Honorable Colm F. Connolly from Samantha G. Wilson regarding Narrowing of Issues for December 20, 2019 Markman Hearing. (Wilson, Samantha) |
| Dec 18, 2019 | 98 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference - filed by Endo Pharmaceuticals, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) |
| Dec 16, 2019 | 91 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of ZhuJun Chen on January 14, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 16, 2019 | 92 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Raghavendra Gupta on January 17, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 16, 2019 | 93 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Kiran Lagu on January 30, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 16, 2019 | 94 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Komal Mulchandani on January 16, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 16, 2019 | 95 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Parth Patel on January 13, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 16, 2019 | 96 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Gail Rocklin on January 29, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 13, 2019 | 87 | Notice (Other) (3) Docket Text: NOTICE of 30(b)(1) Deposition of Steven Cornwell by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| Dec 13, 2019 | 88 | Notice (Other) (3) Docket Text: NOTICE of 30(b)(1) Deposition of Andrew Finn by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| Dec 13, 2019 | 89 | Notice (Other) (3) Docket Text: NOTICE of 30(b)(1) Deposition of Niraj Vasisht by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| Dec 13, 2019 | 90 | Notice (Other) (16) Docket Text: NOTICE of 30(b)(6) Deposition of Plaintiffs BioDelivery Sciences International, Inc. and Arius Two, Inc. by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| Dec 9, 2019 | 85 | Order Setting Mediation Conferences (6) Docket Text: ORDER Setting Mediation Conferences: A Mediation Conference is set for 1/24/2020 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 12/9/19. (cak) |
| Dec 9, 2019 | 86 | Notice to Take Deposition (10) Docket Text: NOTICE to Take Deposition of Alvogen PB Research & Development LLC, Alvogen Malta Operations Ltd., Alvogen Pine Brook LLC, Alvogen, Inc., and Alvogen Group, Inc. on January 15, 2020 filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Dec 4, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney David R. Van Buskirk for Alvogen Group, Inc., for Alvogen Malta Operations Ltd., for Alvogen Pb Research & Development LLC, for Alvogen Pine Brook LLC, for Alvogen, Incorporated added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Dec 4, 2019 | 83 | Redacted Document (30) Docket Text: REDACTED VERSION of (84 in 1:19-cv-00444-CFC-CJB) Claim Construction Opening Brief, (78 in 1:18-cv-01395-CFC-CJB) Claim Construction Opening Brief by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Lyons, Jeffrey) |
| Dec 4, 2019 | 84 | Main Document (5) Docket Text: REDACTED VERSION of (85 in 1:19-cv-00444-CFC-CJB, 79 in 1:18-cv-01395-CFC-CJB) Appendix, by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibits 1-6, # (2) Exhibits 7-11, # (3) Exhibits 12-20, # (4) Exhibits 21-28)(Lyons, Jeffrey) |
| Dec 4, 2019 | 84 | Exhibits 1-6 (107) |
| Dec 4, 2019 | 84 | Exhibits 7-11 (203) |
| Dec 4, 2019 | 84 | Exhibits 12-20 (160) |
| Dec 4, 2019 | 84 | Exhibits 21-28 (41) |
| Dec 3, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The redacted documents at D.I. 81 and 82 in Civil Action No. 18-1395 and D.I. 89 and 90 in Civil Action No. 19-444 have been modified per request of filer to reflect that the party filing these documents is Endo Pharmaceuticals, Inc. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Dec 3, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed nonparty Endo Pharmaceuticals, Inc.'s Motion to Quash Subpoena, (D.I. 75). It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 19), will be modified as follows with regard to this dispute: (1) The parties to this dispute shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for January 7, at 2:00 p.m. before Judge Christopher J. Burke. (3) By no later than December 16, 2019, any party opposing the motion may file a letter brief, not to exceed six (6) pages, single-spaced, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) By no later than December 23, 2019, movant may file a reply letter brief, not to exceed two (2) pages, single-spaced, in no less than 12-point font.; (5) Two courtesy copies of the letter briefs are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 12/3/2019. (dlb) Modified on 12/3/2019 (dlb). |
| Dec 3, 2019 | 81 | Redacted Document (25) Docket Text: REDACTED VERSION of (76 in 1:18-cv-01395-CFC-CJB) Opening Brief in Support, (82 in 1:19-cv-00444-CFC-CJB) Opening Brief in Support by Endo Pharmaceuticals, Inc. (Tigan, Jeremy) Modified on 12/3/2019 (nmf). |
| Dec 3, 2019 | 82 | Redacted Document (30) Docket Text: REDACTED VERSION of (83 in 1:19-cv-00444-CFC-CJB, 77 in 1:18-cv-01395-CFC-CJB) Exhibit to a Document by Endo Pharmaceuticals, Inc. (Tigan, Jeremy) Modified on 12/3/2019 (nmf). |
| Dec 2, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf of attachment 3 to the Sealed Appendix (CA 18-1395, CI 79; CA 19-444, DI 85) has been replaced with a corrected version per request of filer. Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Dec 2, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf of D.I. [75] has been replaced with a corrected version per request of filer to include only the caption of this case and not the related case. (nmf) |
| Dec 2, 2019 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: (75 in 1:18-cv-01395-CFC-CJB, 81 in 1:19-cv-00444-CFC-CJB) MOTION to Quash Subpoena Motion referred to Christopher J. Burke.Associated Cases: 1:18-cv-01395-CFC-CJB, 1:19-cv-00444-CFC-CJB(nmf) |
| Nov 26, 2019 | 75 | Motion to Quash (4) Docket Text: MOTION to Quash Subpoena - filed by Endo Pharmaceuticals, Inc. (Tigan, Jeremy) (Main Document 75 replaced on 12/2/2019) (nmf) (Main Document 75 replaced on 12/2/2019) (fms). |
| Nov 20, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [73] MOTION for Pro Hac Vice Appearance of Attorney David R. Van Buskirk filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 11/20/2019. (fms) |
| Nov 20, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: A Telephone Conference is set for 12/2/2019 at 11:00 AM Eastern Time with Judge Mary Pat Thynge to discuss Mr. Gatusso's email of 11/12/19. Plaintiffs' counsel to initiate the call. Ordered by Judge Mary Pat Thynge on 11/20/19. (cak) |
| Nov 20, 2019 | 73 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney David R. Van Buskirk - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Nov 20, 2019 | 74 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants' Sur-Reply Claim Construction Brief filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha) |
| Nov 19, 2019 | 71 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Supplement to their Initial Contentions Pursuant to Paragraph 4(D) of the Default Standard for Discovery filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Nov 12, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [70] MOTION for Pro Hac Vice Appearance of Attorney Justin J. Hasford of Finnegan, Henderson, Farabow, Garrett & Dunner LLP filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 11/12/2019. (fms) |
| Nov 12, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Justin J. Hasford for Arius Two, Inc. and BioDelivery Sciences International, 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. (mal) |
| Nov 11, 2019 | 70 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Justin J. Hasford of Finnegan, Henderson, Farabow, Garrett & Dunner LLP - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Nov 5, 2019 | 68 | Main Document (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Subpoena of Endo Pharmaceuticals Inc. on November 27, 2019 at 9:00 am, # (2) Exhibit A to Notice of Subpoena of Endo Pharmaceuticals)(Gattuso, Dominick) |
| Nov 5, 2019 | 68 | Subpoena of Endo Pharmaceuticals Inc. on November 27, 2019 at 9:00 am (3) |
| Nov 5, 2019 | 68 | Exhibit A to Notice of Subpoena of Endo Pharmaceuticals (5) |
| Nov 5, 2019 | 69 | Main Document (2) Docket Text: NOTICE OF SERVICE of Subpoena to Produce Documents on Endo Pharmaceuticals, Inc. filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Attachments: # (1) Subpoena to Produce Documents on Endo Pharmaceuticals, Inc. onh November 19, 2019 at 9:00 am, # (2) Exhibit A to Subpeona to Produce Documents)(Gattuso, Dominick) |
| Nov 5, 2019 | 69 | Subpoena to Produce Documents on Endo Pharmaceuticals, Inc. onh November 19, 20 (3) |
| Nov 5, 2019 | 69 | Exhibit A to Subpeona to Produce Documents (6) |
| Oct 29, 2019 | 67 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of BDSI's Reply Claim Construction Brief filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Oct 25, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: A Telephone Conference is set for 11/4/2019 at 12:30 PM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Plaintiffs' counsel shall initiate the teleconference call. Ordered by Judge Mary Pat Thynge on 10/25/19. (cak) (cak) |
| Oct 15, 2019 | 65 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants' Answering Claim Construction Brief filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha) |
| Oct 7, 2019 | 64 | Order Referring Case to Magistrate Judge (2) Docket Text: ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke for all disputes relating to discovery and the protective order. Signed by Judge Colm F. Connolly on 10/7/2019. Associated Cases: 1:18-cv-01395-CFC, 1:19-cv-00444-CFC(nmf) |
| Sep 26, 2019 | 63 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' Second Set of Interrogatories (Nos. 3-10) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Lyons, Jeffrey) |
| Sep 19, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [62] MOTION for Pro Hac Vice Appearance of Attorney Wallace H. Feng filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 9/19/2019. (fms) |
| Sep 19, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Wallace H. Feng for Alvogen Pb Research & Development LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d), Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) |
| Sep 19, 2019 | 62 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Wallace H. Feng - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Sep 13, 2019 | 61 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of BDSI's Opening Claim Construction Brief filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Sep 12, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [60] MOTION for Pro Hac Vice Appearance of Attorney Daniel G. Chung filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 9/12/2019. (fms) |
| Sep 12, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Daniel G. Chung for Arius Two, Inc. and BioDelivery Sciences International, 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. Associated Cases: 1:18-cv-01395-CFC, 1:19-cv-00444-CFC(kmd) |
| Sep 11, 2019 | 60 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Daniel G. Chung - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Sep 6, 2019 | 59 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Supplemental Objections and Response to Plaintiffs' First Set of Interrogatories (No. 6) filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Aug 30, 2019 | 55 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants' Second Set of Interrogatories (Nos. 3 10) to Plaintiffs filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp..(Wilson, Samantha) |
| Aug 30, 2019 | 56 | Main Document (3) Docket Text: CLAIM Construction Chart by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B-D)(Tigan, Jeremy) |
| Aug 30, 2019 | 56 | Exhibit A (16) |
| Aug 30, 2019 | 56 | Exhibit B-D (60) |
| Aug 30, 2019 | 57 | Motion for Miscellaneous Relief (4) Docket Text: MOTION for Claim Construction re (50 in 1:19-cv-00444-CFC, 56 in 1:18-cv-01395-CFC) Claim Construction Chart - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Aug 30, 2019 | 58 | Motion for Miscellaneous Relief (5) Docket Text: MOTION for Claim Construction re (50 in 1:19-cv-00444-CFC, 56 in 1:18-cv-01395-CFC) Claim Construction Chart - filed by Chemo Research, S.L., Insud Pharma S.L., IntelGenX Technologies Corp., IntelGenx Corp.. (Wilson, Samantha) |
| Aug 20, 2019 | 54 | SO ORDERED (3) Docket Text: SO ORDERED, re [53] STIPULATION TO EXTEND TIME Regarding Markman Deadlines and Certain Other Deadlines in the Scheduling Order to Various Dates (See Stipulation) filed by BioDelivery Sciences International, Inc., Arius Two, Inc., Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 11/1/2019., Fact Discovery completed by 2/3/2020. Signed by Judge Colm F. Connolly on 8/20/2019. (nmf) |
| Aug 9, 2019 | 53 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME Regarding Markman Deadlines and Certain Other Deadlines in the Scheduling Order to Various Dates (See Stipulation) - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jul 18, 2019 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 7/18/2019. (Court Reporter V. Gunning.) Counsel to submit a final revised proposed scheduling order to the Court for Civ. No. 19-444-CFC. Associated Cases: 1:19-cv-00444-CFC, 1:18-cv-01395-CFC(nmf) |
| Jul 10, 2019 | 52 | SO ORDERED (3) Docket Text: SO ORDERED, re [50] STIPULATION TO EXTEND TIME regarding Markman Deadlines to Various Dates, AMENDED SCHEDULING ORDER: Joint Claim Construction Brief due by 11/8/2019., The Markman Hearing is rescheduled for 12/20/2019 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 7/10/2019. (nmf) |
| Jul 9, 2019 | 51 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendants' First Set of Interrogatories to Plaintiffs Pursuant to Rule 33 (Nos. 1-2) and (2) Plaintiffs' Objections and Responses to Defendants' Second Set of Requests for Production of Documents and Things (Nos. 9-121) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jul 8, 2019 | 50 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME regarding Markman Deadlines to Various Dates - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jun 28, 2019 | 49 | SO ORDERED (1) Docket Text: SO ORDERED, re [48] STIPULATION TO EXTEND TIME to File a Joint Claim Construction Chart to July 11, 2019. Signed by Judge Colm F. Connolly on 6/28/2019. (nmf) |
| Jun 27, 2019 | 48 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to File a Joint Claim Construction Chart to July 11, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jun 25, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [47] MOTION for Pro Hac Vice Appearance of Attorney Ashlee B. Szelag filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 6/25/2019. (fms) |
| Jun 25, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Ashlee B Szelag for Alvogen Group, Inc., for Alvogen Malta Operations Ltd., for Alvogen Pb Research & Development LLC, for Alvogen Pine Brook LLC,for Alvogen, Incorporated added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Jun 24, 2019 | 46 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Claim Construction Letter filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jun 24, 2019 | 47 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ashlee B. Szelag - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Jun 20, 2019 | 44 | SO ORDERED (1) Docket Text: SO ORDERED, re [43] STIPULATION TO EXTEND TIME for the Parties to Exchange a List of Claim Terms/phrases and Proposed Constructions to June 21, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/20/2019. (fms) |
| Jun 20, 2019 | 45 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplement to Their Claim Charts on Infringement of the '866, '843, and '539 Patents by Defendants Pursuant to Paragraph 4(c) of the Default Standard for Discovery filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jun 19, 2019 | 43 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the Parties to Exchange a List of Claim Terms/phrases and Proposed Constructions to June 21, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jun 17, 2019 | 42 | SO ORDERED (1) Docket Text: SO ORDERED, re [41] STIPULATION TO EXTEND TIME to exchange a list of claim terms/phrases and proposed constructions to June 19, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/17/2019. (fms) |
| Jun 14, 2019 | 41 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to exchange a list of claim terms/phrases and proposed constructions to June 19, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jun 12, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Howard W. Levine, Jennifer S. Swan, Charles E. Lipsey, Thomas J. Sullivan, and Michael R. Galgano for Arius Two, Inc. and BioDelivery Sciences International, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (amf) |
| Jun 7, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [40] MOTION for Pro Hac Vice Appearance of Attorney Charles E. Lipsey, Howard W. Levine, Thomas J. Sullivan, Michael R. Galgano and Jennifer S. Swan filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 6/7/2019. (fms) |
| Jun 7, 2019 | 40 | Motion for Leave to Appear Pro Hac Vice (9) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Charles E. Lipsey, Howard W. Levine, Thomas J. Sullivan, Michael R. Galgano and Jennifer S. Swan - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| May 29, 2019 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Preliminary Invalidity Contentions Pursuant to Paragraph 4(D) of the Default Standard for Discovery filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| May 22, 2019 | 38 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants' First Set of Interrogatories to Plaintiffs; and, (ii) Defendants' Second Set of Requests for Production filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| May 20, 2019 | 37 | SO ORDERED (2) Docket Text: SO ORDERED, re [35] STIPULATION TO EXTEND TIME Initial Invalidity Contentions, Exchange of list of claim terms/phrases, and date to file a Joint Claim Construction Chart to May 29, 2019; June 14, 2019; June 27, 2019 with [Proposed] Order filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 5/20/2019. (fms) |
| May 16, 2019 | 35 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME Initial Invalidity Contentions, Exchange of list of claim terms/phrases, and date to file a Joint Claim Construction Chart to May 29, 2019; June 14, 2019; June 27, 2019 with [Proposed] Order - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| May 16, 2019 | 36 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos.1-8) and Defendants' Objections and Responses to Plaintiffs' First Set of Requests for Production of Documents (Nos. 1-37) filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Apr 9, 2019 | 34 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' First Set of Interrogatories to Defendants (Nos. 1-8) and (2) Plaintiffs' First Set of Requests for the Production of Documents and Things to Defendants (Nos. 1-37) filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Mar 29, 2019 | 33 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Claim Charts on Infringement of the '866, '843, and '539 Patents by Defendants Pursuant to Paragraph 4(c) of the Default Standard for Discovery filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Mar 28, 2019 | 32 | Protective Order (27) Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 3/28/2019. (fms) |
| Mar 22, 2019 | 31 | Proposed Order (27) Docket Text: PROPOSED ORDER (Proposed Protective Order) by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Mar 18, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [30] STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to March 22, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 3/18/2019. (fms) |
| Mar 15, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [29] STIPULATION TO EXTEND TIME for (1) the deadline for Plaintiffs to provide to Defendants their initial claim chart under Paragraph 4(c) of the default disclosures (see D.I. 19, 3(b)(iii)), and (2) the deadline for Defendants to provide to the Plaintif filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 3/15/2019. (nmf) |
| Mar 15, 2019 | 29 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for (1) the deadline for Plaintiffs to provide to Defendants their initial claim chart under Paragraph 4(c) of the default disclosures (see D.I. 19, 3(b)(iii)), and (2) the deadline for Defendants to provide to the Plaintiffs their initial invalidity contentions under Paragraph 4(d) of the default standard (see id., 3(b)(iv)) to March 29, 2019 and May 17, 2019, respectively - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Mar 15, 2019 | 30 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to March 22, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Mar 11, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [28] STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to March 15, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 3/11/2019. (fms) |
| Mar 8, 2019 | 28 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to March 15, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 28, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [27] STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to March 8, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/28/2019. (fms) |
| Feb 28, 2019 | 27 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to March 8, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 21, 2019 | 26 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Documents Bearing Bates Numbers ALVB000001 - ALVB021821 Pursuant to Paragraph 3(b)(ii) of the Scheduling Order filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Feb 15, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [25] STIPULATION TO EXTEND TIME for Parties to Submit Proposed Protective Order to March 1, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 2/15/2019. (fms) |
| Feb 14, 2019 | 25 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Parties to Submit Proposed Protective Order to March 1, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Feb 13, 2019 | 23 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of 1) Fed. R. Civ. P. 26(a)(1) Initial Disclosures of Plaintiffs and 2) Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Arius Two, Inc., BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Feb 13, 2019 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and Paragraphs 3 of the Default Standard for Discovery filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Feb 12, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [22] Stipulation and Proposed Order Exchange Disclosures to February 13, 2019 filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 2/12/2019. (fms) Modified on 2/12/2019 (fms). |
| Feb 12, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The stipulation at D.I. [22] has been removed and replaced with a corrected version. This stipulation is correcting the date from February 14 to February 13 for the mutual exchange of disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) and Paragraph 3 of the Delaware Default Standard for Discovery. The docket text of D.I. [22] and the corresponding "So Ordered" of today has been corrected. (fms) |
| Feb 11, 2019 | 22 | Stipulation (2) Docket Text: STIPULATION and Proposed Order Exchange Disclosures to February 13, 2019 re [19] Scheduling Order,, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) (Main Document 22 replaced on 2/12/2019) (fms). Modified on 2/12/2019 (fms). |
| Feb 7, 2019 | 21 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' First Set of Requests for Production of Documents and Things (Nos. 1-8) filed by BioDelivery Sciences International, Inc..(Tigan, Jeremy) |
| Jan 30, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [20] STIPULATION TO EXTEND TIME to Serve Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) and Paragraph 3 of the Delaware Default Standard for Discovery to February 11, 2019 filed by BioDelivery Sciences International, Inc., Arius Two, Inc. Signed by Judge Colm F. Connolly on 1/30/2019. (fms) |
| Jan 30, 2019 | 20 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Serve Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) and Paragraph 3 of the Delaware Default Standard for Discovery to February 11, 2019 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Jan 9, 2019 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 1/9/2019. (Court Reporter V. Gunning.) (nmf) |
| Jan 9, 2019 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) |
| Jan 9, 2019 | 19 | Scheduling Order (10) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 9/20/2019. Amended Pleadings due by 9/20/2019. Discovery due by 12/20/2019. Joint Claim Construction Brief due by 10/4/2019. A Markman Hearing is set for 11/14/2019 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 9/10/2020 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Bench Trial is set for 9/21/2020 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 1/9/2019. (nmf) |
| Jan 8, 2019 | 18 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Set of Requests for Production Pursuant to Rule 34 (Nos. 1-8) filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Jan 7, 2019 | N/A | Set/Reset Hearings (0) Docket Text: Reset Hearings: The Scheduling Conference is rescheduled as a Telephonic Scheduling Conference on 1/9/2019 at 10:00 AM before Judge Colm F. Connolly per D.I. [17]. Counsel for plaintiffs shall coordinate and initiate the call to chambers. (nmf) |
| Jan 7, 2019 | 17 | Main Document (10) Docket Text: PROPOSED ORDER -- [Proposed] Scheduling Order -- by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Attachments: # (1) Letter to The Honorable Colm F. Connolly)(Tigan, Jeremy) |
| Jan 7, 2019 | 17 | Letter to The Honorable Colm F. Connolly (1) |
| Dec 11, 2018 | 16 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Scheduling Conference: A Scheduling Conference is set for 1/9/2019 at 10:00 AM in Chambers before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 12/11/2018. (nmf) |
| Nov 30, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [13] MOTION for Pro Hac Vice Appearance of Attorney Steven H. Sklar and Gregory C. Bays filed by Alvogen Pine Brook LLC, Alvogen, Incorporated, Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Group, Inc. Signed by Judge Colm F. Connolly on 11/30/2018. (fms) |
| Nov 30, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Gregory C. Bays,Seven H. Sklar for Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated 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. (crb) |
| Nov 30, 2018 | 14 | Answer to Complaint (16) Docket Text: ANSWER to [1] Complaint, by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated.(Gattuso, Dominick) |
| Nov 30, 2018 | 15 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alvogen Lux Holding S.a.r.l. for Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Nov 28, 2018 | 13 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Steven H. Sklar and Gregory C. Bays - filed by Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated. (Gattuso, Dominick) |
| Oct 2, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [11] STIPULATION TO EXTEND TIME for Defendants Alvogen PB Research Development LLC, Alvogen Pine Brook LLC, Alvogen, Inc., and Alvogen Group, Inc. to respond to the Complaint to November 30, 2018 filed by BioDelivery Sciences International, Inc., Arius Two, Inc., Set/Reset Answer Deadlines: Alvogen Group, Inc. answer due 11/30/2018; Alvogen Pb Research & Development LLC answer due 11/30/2018; Alvogen Pine Brook LLC answer due 11/30/2018; Alvogen, Incorporated answer due 11/30/2018. Signed by Judge Colm F. Connolly on 10/2/2018. (fms) |
| Oct 2, 2018 | 12 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Dominick T. Gattuso on behalf of Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated (Gattuso, Dominick) |
| Oct 1, 2018 | 10 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by BioDelivery Sciences International, Inc., Arius Two, Inc.: For Alvogen Malta Operations Ltd. waiver sent on 10/1/2018, answer due 11/30/2018. (Tigan, Jeremy) |
| Oct 1, 2018 | 11 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendants Alvogen PB Research Development LLC, Alvogen Pine Brook LLC, Alvogen, Inc., and Alvogen Group, Inc. to respond to the Complaint to November 30, 2018 - filed by Arius Two, Inc., BioDelivery Sciences International, Inc.. (Tigan, Jeremy) |
| Sep 12, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Sep 10, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Alvogen Group, Inc. on 9/10/2018; Alvogen Malta Operations Ltd. on 9/10/2018; Alvogen Pb Research & Development LLC on 9/10/2018; Alvogen Pine Brook LLC on 9/10/2018; Alvogen, Incorporated on 9/10/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg) |
| Sep 10, 2018 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Alvogen, Incorporated served on 9/10/2018, answer due 10/1/2018. (Tigan, Jeremy) |
| Sep 10, 2018 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Alvogen Group, Inc. served on 9/10/2018, answer due 10/1/2018. (Tigan, Jeremy) |
| Sep 10, 2018 | 8 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Alvogen Pb Research & Development LLC served on 9/10/2018, answer due 10/1/2018. (Tigan, Jeremy) |
| Sep 10, 2018 | 9 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by BioDelivery Sciences International, Inc., Arius Two, Inc.. Alvogen Pine Brook LLC served on 9/10/2018, answer due 10/1/2018. (Tigan, Jeremy) |
| Sep 7, 2018 | 1 | Main Document (24) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed against Alvogen Group, Inc., Alvogen Malta Operations Ltd., Alvogen Pb Research & Development LLC, Alvogen Pine Brook LLC, Alvogen, Incorporated - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2455653.) - filed by BioDelivery Sciences International, Inc., Arius Two, Inc.. (Attachments: # (1) Exhibit A-C, # (2) Civil Cover Sheet)(nmg) |
| Sep 7, 2018 | 1 | Exhibit A-C (59) |
| Sep 7, 2018 | 1 | Civil Cover Sheet (1) |
| Sep 7, 2018 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Sep 7, 2018 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,147,866 B2 ;9,655,843 B2 ;9,901,539 B2. (nmg) |
| Sep 7, 2018 | 4 | ANDA Form (2) Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 7/30/2018. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 1/30/2021. (nmg) |
| Sep 7, 2018 | 5 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent BioDelivery Sciences International, Inc. for Arius Two, Inc. filed by Arius Two, Inc., BioDelivery Sciences International, Inc. (nmg) |
| Sep 7, 2018 | 1 | Complaint* (1) |
