Case number 1:18-cv-05190
Dexcel Pharma Technologies Ltd. et al v. Apotex Corp. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 9, 2020 | N/A | motion for miscellaneous relief (0) |
| Oct 31, 2018 | 38 | terminated case (1) Docket Text: MINUTE entry before the Honorable Ronald A. Guzman: This is an action to quash subpoenas issued by defendants in an action pending in New Jersey. The Court referred the motion to Magistrate Judge Rowland, who granted the motion in part and denied it in part. Nothing remains for the Court to adjudicate. Accordingly, this action is dismissed as moot for lack of any remaining controversy. Civil case terminated. Mailed notice (is, ) |
| Oct 25, 2018 | 37 | text entry (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Honorable Judge Mary M. Rowland no longer referred to the case. Mailed notice. (dm, ) |
| Sep 21, 2018 | 36 | affidavit (3) Docket Text: AFFIDAVIT of Dexcel Pharma Technologies Ltd. and Dexcel Ltd. regarding memorandum in support of motion[3] (Griffith, Christopher) |
| Sep 18, 2018 | 35 | text entry (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's counsel shall make the certifications specified in the Court's prior order [Dkt 34] on the record in a formal filing. Mailed notice. (dm, ) |
| Sep 11, 2018 | 34 | order on motion to quash (2) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Motion hearing held on 9/11/18. Plaintiffs' motion to quash defendants' subpoenas served on D'vorah Graeser, Graeser Associates International Inc and Dr. D. Graeser LTD under Fed. R. Civ. P. 45(d)(3)(A)(iii) [7] is granted in part, denied in part. The Court finds that any documents or deposition testimony being sought regarding non-attorney patent agent Dr. Graeser's application preparation and prosecution activities for Dexcel relating to the patents-in suit in front of the PTO are within the scope of the patent agent privilege. See In re Queen's Univ. at Kingston, 820 F.3d 1287, 1301 (Fed. Cir. 2016) ("Communications between non-attorney patent agents and their clients that are in furtherance of the performance of these tasks [outlined in 37 C.F.R. § 11.5(b)(1)], or 'which are reasonably necessary and incident to the preparation and prosecution of patent applications or other proceeding before the Office involving a patent application or patent in which the practitioner is authorized to participate' receive the benefit of the patent-agent privilege.") (citing 37 C.F.R. § 11.5(b)(1)); see also Mold-Masters Ltd., v. Husky Injection Molding Sys. Ltd., No. 01 C 1576, 2001 WL 1268587, at *5 (N.D. Ill. Nov. 15, 2001). However, the patent agent privilege is not absolute and does not encompass communications, documents, or testimony that were not "necessary and incident" to prosecuting patents in front of the PTO. See Queen's Univ. at Kingston, 820 F.3d at 1301. See In re Queen's Univ. at Kingston, 820 F.3d 1287, 1301 (Fed. Cir. 2016). The Court finds that any communications, internally or externally, involving proceedings in front of the FDA are not protected; similarly, any communications or involvement by Dr. Graeser in analyzing prior art are not protected to the extent that they are not being used for purposes of prosecuting patents or other proceedings in front of the PTO. In lieu of a detailed privilege log, plaintiff's counsel shall certify by 9/21/18 whether Dr. Graeser had any communications or involvement internally or externally regarding proceedings in front of the FDA or regarding analysis of prior art that is was not used for a proceeding in front of the PTO. Responsive documents, if any, shall be produced by 9/28/18. To the extent any non-privileged responsive documents exist, Dr. Graeser may be deposed regarding the matters contained in those documents. Mailed notice. (dm, ) |
| Sep 6, 2018 | 33 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Telephonic motion hearing set for 9/11/18 at 2:30 PM central standard time. Counsel shall call 866-434-5269, access code 3751971. Counsel shall be ready to discuss Plaintiffs' motion to quash. Mailed notice. (dm, ) |
| Aug 24, 2018 | 32 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Apotex Corp., Apotex Inc. by Eric J Choi (Choi, Eric) |
| Aug 23, 2018 | 31 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Ronald A. Guzman: Attorney Aaron S. Kukas' motion for leave to appear pro hac vice [30] on behalf of the defendants is granted. Mailed notice (is, ) |
| Aug 23, 2018 | 30 | motion for miscellaneous relief (2) Docket Text: MOTION by Defendants Apotex Corp., Apotex Inc.Motion to Appear Pro Hac Vice - Filing Fee $150 Receipt No. 0752-14864531 (Lukas, Aaron) |
| Aug 22, 2018 | 29 | order on motion for leave to file (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for leave to file under seal [26] is granted. Motion hearing set for 8/28/18 is stricken. No appearance necessary. Mailed notice. (dm, ) |
| Aug 21, 2018 | 28 | reply (11) Docket Text: REPLY by Plaintiffs Dexcel Ltd., Dexcel Pharma Technologies Ltd. to motion to quash[7] (Griffith, Christopher) |
| Aug 21, 2018 | 27 | notice of motion (3) Docket Text: NOTICE of Motion by Christopher Thomas Griffith for presentment of motion for leave to file[26] before Honorable Mary M. Rowland on 8/28/2018 at 09:45 AM. (Griffith, Christopher) |
| Aug 21, 2018 | 26 | motion for leave to file (3) Docket Text: MOTION by Plaintiffs Dexcel Ltd., Dexcel Pharma Technologies Ltd. for leave to file Under Seal (Griffith, Christopher) |
| Aug 13, 2018 | 24 | Exhibit C - Part 14 (146) |
| Aug 13, 2018 | 24 | Exhibit C - Part 13 (175) |
| Aug 13, 2018 | 24 | Exhibit C - Part 12 (182) |
| Aug 13, 2018 | 24 | Exhibit C - Part 11 (211) |
| Aug 13, 2018 | 24 | Exhibit C - Part 10 (203) |
| Aug 13, 2018 | 24 | Exhibit C - Part 9 (183) |
| Aug 13, 2018 | 24 | Exhibit C - Part 8 (132) |
| Aug 13, 2018 | 24 | Main Document (13) Docket Text: RESPONSE by Apotex Corp., Apotex Inc.in Opposition to MOTION by Plaintiffs Dexcel Ltd., Dexcel Pharma Technologies Ltd. to quash DEFENDANTS SUBPOENAS SERVED ON DVORAH GRAESER, GRAESER ASSOCIATES INTERNATIONAL INC. AND DR. D. GRAESER LTD.[7] (Attachments: # (1) Exhibit A (filed under seal), # (2) Exhibit B - Part 1, # (3) Exhibit B - Part 2, # (4) Exhibit B - Part 3, # (5) Exhibit B - Part 4, # (6) Exhibit B - Part 5, # (7) Exhibit B - Part 6, # (8) Exhibit B - Part 7, # (9) Exhibit B - Part 8, # (10) Exhibit B - Part 9, # (11) Exhibit C - Part 1, # (12) Exhibit C - Part 2, # (13) Exhibit C - Part 3, # (14) Exhibit C - Part 4, # (15) Exhibit C - Part 5, # (16) Exhibit C - Part 6, # (17) Exhibit C - Part 7, # (18) Exhibit C - Part 8, # (19) Exhibit C - Part 9, # (20) Exhibit C - Part 10, # (21) Exhibit C - Part 11, # (22) Exhibit C - Part 12, # (23) Exhibit C - Part 13, # (24) Exhibit C - Part 14)(Ghattas, Tia) |
| Aug 13, 2018 | 24 | Exhibit C - Part 6 (124) |
| Aug 13, 2018 | 24 | Exhibit C - Part 5 (114) |
| Aug 13, 2018 | 24 | Exhibit C - Part 4 (129) |
| Aug 13, 2018 | 24 | Exhibit C - Part 3 (154) |
| Aug 13, 2018 | 24 | Exhibit C - Part 2 (176) |
| Aug 13, 2018 | 24 | Exhibit C - Part 1 (215) |
| Aug 13, 2018 | 24 | Exhibit B - Part 9 (23) |
| Aug 13, 2018 | 24 | Exhibit B - Part 8 (47) |
| Aug 13, 2018 | 24 | Exhibit B - Part 7 (45) |
| Aug 13, 2018 | 24 | Exhibit B - Part 6 (60) |
| Aug 13, 2018 | 24 | Exhibit B - Part 5 (75) |
| Aug 13, 2018 | 24 | Exhibit B - Part 4 (83) |
| Aug 13, 2018 | 24 | Exhibit B - Part 3 (65) |
| Aug 13, 2018 | 24 | Exhibit B - Part 2 (81) |
| Aug 13, 2018 | 24 | Exhibit B - Part 1 (72) |
| Aug 13, 2018 | 24 | Exhibit A (filed under seal) (1) |
| Aug 13, 2018 | 24 | response in opposition to motion (13) |
| Aug 13, 2018 | 23 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Defendants' oral motion to remove [Dkt. [20]] is granted. The Clerk's Office is directed to remove [Dkt. [20]] and the accompanying exhibits. Defendants should re-file public record versions of brief and accompanying exhibits. Mailed notice. (dm, ) |
| Aug 13, 2018 | 22 | text entry (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: The Court will allow Plaintiffs until 8/21/18 to file a short reply, up to 7 pages, to their motion to quash. Mailed notice. (dm, ) |
| Aug 13, 2018 | 21 | order on motion for leave to file (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Defendants' motion for leave to file under seal [18] is granted. Motion hearing set for 8/21/18 is stricken. No appearance necessary. Mailed notice. (dm, ) |
| Aug 13, 2018 | 24 | Exhibit C - Part 7 (126) |
| Aug 10, 2018 | 20 | Exhibit C - Part 8 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 9 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 10 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 11 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 12 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 13 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 14 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 7 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 6 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 5 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 4 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 3 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 2 (1) |
| Aug 10, 2018 | 20 | Exhibit C - Part 1 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 9 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 8 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 7 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 6 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 5 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 4 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 3 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 2 (1) |
| Aug 10, 2018 | 20 | Exhibit B - Part 1 (1) |
| Aug 10, 2018 | 20 | Exhibit A (1) |
| Aug 10, 2018 | 20 | response in opposition to motion (1) |
| Aug 10, 2018 | 19 | notice of motion (3) Docket Text: NOTICE of Motion by Tia Christine Ghattas for presentment of motion for leave to file[18] before Honorable Mary M. Rowland on 8/21/2018 at 09:45 AM. (Ghattas, Tia) |
| Aug 10, 2018 | 18 | motion for leave to file (3) Docket Text: MOTION by Defendants Apotex Corp., Apotex Inc. for leave to file Under Seal (Ghattas, Tia) |
| Aug 10, 2018 | 20 | Main Document (1) Docket Text: DOCUMENT removed per court order. (Ghattas, Tia) (. Modified on 8/13/2018 (aee, ). (Docket Text Modified by Clerks Office.) |
| Aug 7, 2018 | 16 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Case called for motion hearing. Defendants failed to appear for today's hearing and has failed to respond to this motion that has been pending since 7/30/18. The Court will allow Apotex until noon on 8/10/18 to file a short response, limited to 7 pages, to the motion to quash. The Court will either set the motion for hearing or rule by mail. Mailed notice. (dm, ) |
| Aug 6, 2018 | 15 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Ronald A. Guzman: Attorney Catherine T. Mattes' motion for leave to appear pro hac vice [14] on behalf of the plaintiffs is granted. Mailed notice (is, ) |
| Aug 6, 2018 | 14 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14781662. Mattes, Catherine T. (Griffith, Christopher) |
| Aug 1, 2018 | 13 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Apotex Corp., Apotex Inc. by Tia Christine Ghattas (Ghattas, Tia) |
| Jul 31, 2018 | 12 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Mary M. Rowland: Motion hearing on Plaintiff's motion to quash Defendants' subpoenas served on Dvorah Graeser, Graeser Associates International Inc., and Dr. D. Graeser Ltd. [7] is set for 8/7/18 at 10:00 a.m. Mailed notice. (dm, ) |
| Jul 31, 2018 | 11 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Ronald A. Guzman: Attorney Eric C. Stops' application to appear pro hac vice [9] on behalf of the plaintiffs is granted. Mailed notice (is, ) |
| Jul 31, 2018 | 10 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Ronald A. Guzman: Attorney Dominic F. Cerrito's application to appear pro hac vice [8] on behalf of the plaintiffs is granted. Mailed notice (is, ) |
| Jul 31, 2018 | 9 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14761978. Stops, Eric C. (Griffith, Christopher) |
| Jul 31, 2018 | 8 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14761865. Cerrito, F. Dominic (Griffith, Christopher) |
| Jul 31, 2018 | 7 | motion to quash (3) Docket Text: MOTION by Plaintiffs Dexcel Ltd., Dexcel Pharma Technologies Ltd. to quash DEFENDANTS SUBPOENAS SERVED ON DVORAH GRAESER, GRAESER ASSOCIATES INTERNATIONAL INC. AND DR. D. GRAESER LTD. (Griffith, Christopher) |
| Jul 31, 2018 | 6 | Expedited referral to magistrate judge (1) Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Mary M. Rowland for the purpose of holding proceedings related to: Plaintiff's memorandum in support of motion to quash defendants' subpoenas served on D'Vorah Graeser, Graeser Associates International Inc. and Dr. D. Graeser Ltd. under Fed.R.Civ.P. 45(d)(3)(A)(iii) [2]. (is, ) Mailed notice. |
| Jul 31, 2018 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Mary M. Rowland. (jn, ) |
| Jul 30, 2018 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs Dexcel Ltd., Dexcel Pharma Technologies Ltd. by Christopher Thomas Griffith (Griffith, Christopher) |
| Jul 30, 2018 | 4 | Exhibit F (8) |
| Jul 30, 2018 | 4 | Exhibit E (4) |
| Jul 30, 2018 | 4 | Exhibit D (2) |
| Jul 30, 2018 | 4 | Exhibit C (39) |
| Jul 30, 2018 | 4 | Exhibit B (4) |
| Jul 30, 2018 | 4 | Exhibit A (32) |
| Jul 30, 2018 | 4 | declaration (2) |
| Jul 30, 2018 | 3 | memorandum in support of motion (15) Docket Text: MEMORANDUM IN SUPPORT OF MOTION TO QUASH (Griffith, Christopher) |
| Jul 30, 2018 | 2 | motion to quash (15) Docket Text: MEMORANDUM in support of motion to quash by Plaintiffs Dexcel Ltd., Dexcel Pharma Technologies Ltd. to quash DEFENDANTS SUBPOENAS SERVED ON DVORAH GRAESER, GRAESER ASSOCIATES INTERNATIONAL INC. AND DR. D. GRAESER LTD. (Griffith, Christopher) (Docket text modified by Clerk's Office) |
| Jul 30, 2018 | 4 | Main Document (2) Docket Text: DECLARATION of Christopher T. Griffith IN SUPPORT OF MOTION TO QUASH (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Griffith, Christopher) |
| Jul 30, 2018 | 1 | complaint (3) Docket Text: CIVIL Cover Sheet filed by Dexcel Pharma Technologies Ltd., Dexcel Ltd.; Filing fee $ 400, receipt number 0752-14758440.(Griffith, Christopher) (Docket text modified by Clerk's Office) |
