Case number 1:16-cv-03460
ELI LILLY AND COMPANY v. HOSPIRA, INC. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 22, 2020 | 110 | NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Adam L. Perlman hereby notifies the Clerk of the court of changed contact information. (Perlman, Adam) (Entered: 01/22/2020) (0) |
| Dec 16, 2019 | 109 | NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Amended Final Judgment) (NAD) (Entered: 12/16/2019) (0) |
| Dec 9, 2019 | 108 | AMENDED FINAL JUDGMENT - The parties, having filed their Joint Position Statement, and the Court having considered the position statement now enters final judgment. Pursuant to the Court's ruling on summary judgment, final judgment is hereby entered as follows: The Federal Circuit affirmed this Court's determination that Hospira's proposed product would infringe those claims under the doctrine of equivalents. (Filing No. 104 at 26). In view of the decision on infringement under the doctrine of equivalents, the parties agree that the Amended Final Judgment entered by this Court on June 27, 2018, Filing No. 94 , stands. FINAL JUDGMENT IS ENTERED in favor of Lilly and against Hospira, Inc. Signed by Judge Tanya Walton Pratt on 12/9/2019.(NAD) (Entered: 12/09/2019) (0) |
| Dec 4, 2019 | 107 | STATUS REPORT with Joint Position Statement by ELI LILLY AND COMPANY. (Lemens, Andrew) (Entered: 12/04/2019) (0) |
| Nov 18, 2019 | 106 | ORDER - This matter is before the Court regarding the Judgment and Opinion (Dkt. 104 ) issued August 9, 2019 and Mandate (Dkt. 105 ) issued November 15, 2019, by the United States Court of Appeals, for the Federal Circuit. This case was remanded for further proceedings. In particular, the Federal Circuit reversed the district court's finding of literal infringement in the Hospira Decision but affirmed its judgment of infringement under the doctrine of equivalents. The judgment of infringement under the doctrine of equivalents in the DRL Decision was likewise affirmed. In accordance with Local Rule 16-2, the parties shall file their position statement on or before December 6, 2019. Additionally, the Clerk of the Court is directed to reopen this case. Signed by Judge Tanya Walton Pratt on 11/18/2019.(NAD) (Entered: 11/18/2019) (0) |
| Nov 15, 2019 | 105 | MANDATE of USCA for the Federal Circuit as to 92 Notice of Appeal filed by HOSPIRA, INC. and 96 Amended Notice of Appeal filed by HOSPIRA, INC. (Federal Circuit Appeal #2018-2126, 2018-2127) - In accordance with the judgment of this Court, entered August 9, 2019, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. (LBT) (Entered: 11/15/2019) (0) |
| Aug 9, 2019 | 104 | JUDGEMENT and OPINION of USCA for the FEDERAL CIRCUIT as to 92 Notice of Appeal filed by HOSPIRA, INC., 96 Notice of Appeal filed by HOSPIRA, INC. (USCA #2018-2126, 2018-2127) - AFFIRMED IN PART AND REVERSED IN PART. (LBT) (Entered: 08/09/2019) (0) |
| Jan 8, 2019 | 103 | NOTICE of Appearance by Deborah Pollack-Milgate on behalf of Plaintiff ELI LILLY AND COMPANY. (Pollack-Milgate, Deborah) (Entered: 01/08/2019) (0) |
| Jul 27, 2018 | 102 | ORDER - granting 101 Motion to Withdraw Attorney Appearance. Attorney Alec T. Swafford withdrawn. Signed by Judge Tanya Walton Pratt on 7/27/2018. (NAD) (Entered: 07/27/2018) (0) |
| Jul 26, 2018 | 101 | MOTION to Withdraw Attorney Appearance of Alec T. Swafford, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(Lemens, Andrew) (Entered: 07/26/2018) (0) |
| Jul 9, 2018 | 100 | NOTICE of Appeal in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Notice of Appeal) (NAD) (Entered: 07/09/2018) (0) |
| Jul 6, 2018 | 98 | USCA for the Federal Circuit Case Number 18-2126 for 92 Notice of Appeal filed by HOSPIRA, INC. (LBT) (Entered: 07/06/2018) (0) |
| Jul 6, 2018 | 99 | USCA for the Federal Circuit Case Number 18-2127 for 96 Amended Notice of Appeal filed by HOSPIRA, INC. (LBT) (Entered: 07/06/2018) (0) |
| Jun 29, 2018 | 96 | AMENDED NOTICE OF APPEAL as to 90 Closed Judgment, 94 Order on Motion to Amend/Correct, 89 Order on Motion for Summary Judgment, filed by Defendant HOSPIRA, INC.. (Filing fee $505, receipt number 0756-4949070) (Zweig, Sally) Modified on 6/29/2018 (LBT). (Entered: 06/29/2018) (0) |
| Jun 29, 2018 | 97 | FEDERAL CIRCUIT APPEAL INFORMATION SHEET re 96 Notice of Appeal - Parties' Short Record attached. Copy sent to Federal Circuit Court of Appeals via email. (LBT) (Entered: 06/29/2018) (0) |
| Jun 28, 2018 | 95 | FEDERAL CIRCUIT APPEAL INFORMATION SHEET re 92 Notice of Appeal - Parties' Short Record attached. Copy sent to Federal Circuit Court of Appeals via email. (LBT) (Entered: 06/28/2018) (0) |
| Jun 27, 2018 | 94 | AMENDED FINAL JUDGMENT - Plaintiff Eli Lilly and Company ("Lilly"), by counsel, having filed its Unopposed Motion to Amend Final Judgment 93 , and the Court having considered the Motion now finds that it should be granted. The filing of NDA No. 208746 infringed at least claims 9, 10, 12, 13, 14, 15, 18, 19, 21, and 22 of U.S. Patent No. 7,772,209, and those claims have not been proved invalid. Pursuant to 35 U.S.C. § 271(e)(4)(A), the effective date of any approval of any product that is the subject of NDA No. 208746 shall be not earlier than the latest date of expiration of U.S. Patent No. 7,772,209, including any period of pediatric exclusivity. JUDGMENT IS ENTERED in favor of Lilly and against Hospira, Inc. Signed by Judge Tanya Walton Pratt on 6/27/2018. (NAD) (Entered: 06/28/2018) (0) |
| Jun 26, 2018 | 92 | NOTICE OF APPEAL as to 90 Closed Judgment, 89 Order on Motion for Summary Judgment, filed by Defendant HOSPIRA, INC.. (Filing fee $505, receipt number 0756-4944041) (Zweig, Sally) (Entered: 06/26/2018) (0) |
| Jun 26, 2018 | 93 | Unopposed MOTION to Amend/Correct 90 Closed Judgment , filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(Perlman, Adam) (Entered: 06/26/2018) (0) |
| Jun 26, 2018 | 92 | Notice of Appeal* (1) |
| Jun 15, 2018 | 89 | ENTRY ON CROSS MOTIONS FOR SUMMARY JUDGMENT - Eli Lilly and Company ("Lilly") initiated this Hatch-Waxman litigation against Defendant Hospira, Inc. ("Hospira") for infringement of Lilly's U.S. Patent 7,772,209 ("the '209 Patent"). On April 6, 2018, Hospira filed a Motion for Summary Judgment of Non- Infringement on its New Drug Application ("NDA") No. 208746, on the bases that there is no plausible theory pled under which Hospira would infringe the patent in suit and the doctrine of equivalents does not expand the scope of Lilly's patent to include Hospira's product. (Filing No. 73 .) On April 27, 2018, Lilly filed a Cross-Motion for Summary Judgment of Infringement. (Filing No. 78 .) Hospira's Motion for Summary Judgment of Non-Infringement (Filing No. 73) is DENIED and Lilly's Cross-Motion for Summary Judgment of Infringement pursuant to literal infringement and doctrine of equivalents (Filing No. 78) is GRANTED. (See Entry.)Signed by Judge Tanya Walton Pratt on 6/15/2018. (NAD) (Entered: 06/15/2018) (0) |
| Jun 15, 2018 | 90 | FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. Judgment is entered in favor of Plaintiff Eli Lilly & Co. and against Defendant Hospira Inc. Signed by Judge Tanya Walton Pratt on 6/15/2018.(NAD) (Entered: 06/15/2018) (0) |
| Jun 15, 2018 | 91 | NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Final Judgment filed 6/15/2018) (NAD) (Entered: 06/19/2018) (0) |
| Jun 8, 2018 | 87 | SEALED REPLY in support of Motion re 78 Cross MOTION for Summary Judgment of Infringement , filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Appendix Part 4 (A1177 to A1182))(Perlman, Adam) (Entered: 06/08/2018) (0) |
| Jun 8, 2018 | 88 | MOTION to Maintain Document Under Seal 87 SEALED Reply in support of Motion for Summary Judgment of Infringement, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(Perlman, Adam) (Entered: 06/08/2018) (0) |
| Jun 1, 2018 | 86 | ORDER granting 83 Motion to Maintain Document 82 Response to Motion for Summary Judgment Under Seal. Signed by Magistrate Judge Matthew P. Brookman on 6/1/2018. (JRB) (Entered: 06/01/2018) (0) |
| May 25, 2018 | 82 | SEALED RESPONSE re 78 Cross MOTION for Summary Judgment of Infringement , filed by Defendant HOSPIRA, INC.. (Attachments: # 1 SEALED Hospira's Brief in Response to Lilly's Cross-Motion for Summary Judgment of Infringement)(Zweig, Sally) (Entered: 05/25/2018) (0) |
| May 25, 2018 | 83 | MOTION to Maintain Document Under Seal 82 SEALED Response to Motion Hospira's Brief in Response to Lilly's Cross-Motion for Summary Judgment of Infringement, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Text of Proposed Order)(Zweig, Sally) (Entered: 05/25/2018) (0) |
| May 25, 2018 | 84 | BRIEF/MEMORANDUM in Support re 83 MOTION to Maintain Document Under Seal 82 SEALED Response to Motion Hospira's Brief in Response to Lilly's Cross-Motion for Summary Judgment of Infringement , filed by Defendant HOSPIRA, INC.. (Zweig, Sally) (Entered: 05/25/2018) (0) |
| May 25, 2018 | 85 | REDACTION to 82 SEALED Response to Motion Hospira's Brief in Response to Lilly's Cross-Motion for Summary Judgment of Infringement by HOSPIRA, INC. (Zweig, Sally) Added document link on 5/29/2018 (JD). (Entered: 05/25/2018) (0) |
| May 2, 2018 | 81 | ORDER granting 80 Motion to Maintain 79 Document Under Seal. Signed by Magistrate Judge Matthew P. Brookman on 5/2/2018. (JRB) (Entered: 05/02/2018) (0) |
| Apr 27, 2018 | 77 | ORDER granting 75 Motion to Maintain Document Under Seal re 74 SEALED Brief in support of 73 MOTION for Summary Judgment. Signed by Magistrate Judge Matthew P. Brookman on 4/27/2018. (LBT) (Entered: 04/27/2018) (0) |
| Apr 27, 2018 | 78 | Cross MOTION for Summary Judgment of Infringement, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order, # 2 Appendix Part 2 (A16 to A611), # 3 Appendix Part 3 (A612 to A1176))(Perlman, Adam) (Entered: 04/27/2018) (0) |
| Apr 27, 2018 | 79 | SEALED RESPONSE in support of 78 Cross MOTION for Summary Judgment of Infringement, and in opposition to 73 MOTION for Summary Judgment of Non-Infringement , filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Affidavit Declaration of Bruce A. Chabner, M.D., # 2 Affidavit Declaration of Rodolfo Pinal, Ph.D., # 3 Appendix Part 1 (A1 to A15))(Perlman, Adam) Modified on 4/30/2018 - updated title (NAD). (Entered: 04/27/2018) (0) |
| Apr 27, 2018 | 80 | MOTION to Maintain Document Under Seal 79 SEALED Response to Motion Plaintiffs Opposition to Defendants Motion for Summary Judgment of Non-Infringement and Memorandum in Support of Cross-Motion for Summary Judgment of Infringement and the Declarations and Appendix Submitted Therewith, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(Perlman, Adam) (Entered: 04/27/2018) (0) |
| Apr 6, 2018 | 73 | MOTION for Summary Judgment of Non-Infringement, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Text of Proposed Order)(Zweig, Sally) (Entered: 04/06/2018) (0) |
| Apr 6, 2018 | 74 | SEALED BRIEF IN SUPPORT OF , re 73 Motion for Summary Judgment, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 SEALED Opening Brief in Support of Motion for Sumamry Judgment of Non-Infringement, # 2 Exhibit List of Exhibits, # 3 Exhibit 22- SEALED (R. Jones Letter to P. Keegan, September 15, 2016), # 4 Exhibit 23- SEALED (NDA Draft Labeling § 1.14.1), # 5 Exhibit 24-SEALED (NDA § 3.2.P.1), # 6 Exhibit 25- SEALED (NDA Batch Analyses § 3.2.P.5.4), # 7 Exhibit 26- SEALED (NDA Prescribing Information))(Zweig, Sally) Modified on 4/9/2018 - Updated docket text(NAD). (Entered: 04/06/2018) (0) |
| Apr 6, 2018 | 75 | MOTION to Maintain Document Under Seal 74 SEALED Document (Case Participants - doc) Opening Brief in Support of Its Motion for Summary Judgment of Non-Infringement and Exhibits 22-26 attached thereto, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Text of Proposed Order)(Zweig, Sally) (Entered: 04/06/2018) (0) |
| Apr 6, 2018 | 76 | REDACTION to 74 SEALED Document (Case Participants - doc) by HOSPIRA, INC.. (Attachments: # 1 List of Exhibits, # 2 Exhibit 1-U.S. Patent No. 7,772,209, # 3 Exhibit 2-File History of U.S. Pat. App. No. 10/297,821, # 4 Exhibit 3 (Pt 1) - File History of U.S. Pat. App. No. 11/776,329, # 5 Exhibit 3 (Pt 2) - File History of U.S. Pat. App. No. 11/776,329, # 6 Exhibit 4-Findings of Fact and Conclusions of Law, Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., et al., D.I. 336, No. 10-1376-TWP-DKL (Mar. 31, 2014), # 7 Exhibit 5-Findings of Fact and Conclusions of Law Following Second Bench Trial Held May 28, 2015, Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., et al., No. 10-1376-TWP-DKL (Aug. 25, 2015), # 8 Exhibit 6-Judgment of the High Court of Justice (Patents Court), United Kingdom, 2014 EWHC 1511 (Pat) (May 15, 2014), # 9 Exhibit 7-Judgment (Patents Court), United Kingdom, 2015 EWHC 555 (Pat) (June 25, 2015), # 10 Exhibit 8 (Pt 1) - Approved Redacted Judgment (Patents Court), 2016 EWHC 234 (Pat), United Kingdom (Feb. 12, 2016), # 11 Exhibit 8 (Pt 2) - Approved Redacted Judgment (Patents Court), 2016 EWHC 234 (Pat), United Kingdom (Feb. 12, 2016), # 12 Exhibit 9-Judgment of the Supreme Court of the United Kingdom, 2017 UKSC 48 (July 12, 2017), # 13 Exhibit 10-ALIMTA Prescribing Information, # 14 Exhibit 11-Drugs @ FDA, FDA Approved Drug Products - Toradol, # 15 Exhibit 12-Toradol Prescribing Information, # 16 Exhibit 13-Drugs @ FDA, FDA Approved Drug Products Hemabate, # 17 Exhibit 14-Hemabate Prescribing Information, # 18 Exhibit 15-Monurol Prescribing Information, # 19 Exhibit 16-Drugs @ FDA, FDA Approved Drug Products - THAM, # 20 Exhibit 17-THAM Prescribing Information, # 21 Exhibit 18-S. Berge, Pharmaceutical Salts, 66(1) J. PHARM. SCI. 1-22 (1977), # 22 Exhibit 19-L. Gu, Preformulation Salt Selection. Physical Property Comparisons of the Tris(hydroxymethyl)aminomethane (THAM) Salts of Four Analgesic/Antiinflammatory Agents with the Sodium Salts and the Free Acids, 4(3) PHARM. RES. 255 (1987), # 23 Exhibit 20-U.S. Patent No. 5,344,932, # 24 Exhibit 21-U.S. Patent No. 6,686,365, # 25 Exhibit 22-REDACTED R. Jones Letter to P. Keegan, September 15, 2016, # 26 Exhibit 23-REDACTED NDA Draft Labeling § 1.14.1, # 27 Exhibit 24 - REDACTED NDA § 3.2.P.1, # 28 Exhibit 25-REDACTED NDA Batch Analyses § 3.2.P.5.4, # 29 Exhibit 26-REDACTED NDA Prescribing Information, # 30 Exhibit 27-Intl Pat. App. No. WO 01/14379, # 31 Exhibit 28-U.S. Pat. App. Pub. No. 2012/0245349)(Zweig, Sally) (Entered: 04/06/2018) (0) |
| Mar 28, 2018 | 72 | ORDER VACATING TELEPHONIC 4/2/18 STATUS CONFERENCE. Signed by Magistrate Judge Matthew P. Brookman on 3/28/2018.(JRB) (Entered: 03/28/2018) (0) |
| Mar 27, 2018 | 71 | ENTRY - Upon consideration of the Joint Motion to Hold Deadlines in Abeyance, the motion (dkt. 69 ) is GRANTED in part. Briefing on Defendant's Motion for Summary Judgment was previously stayed. As a result, that motion has been pending for more than eight months. For purposes of docket management, the Clerk of Court is directed to administratively terminate the motion, (dkt. 33 ). The Defendant may refile the motion and the parties may keep their agreed upon deadlines. In particular, Plaintiff's brief in opposition to Defendant's re-filed summary judgment motion shall be due by April 27, 2018. Thereafter, the Court will issue a prompt ruling. The final pretrial conference scheduled for November 7, 2018 and trial scheduled for December 3, 2018 are vacated. All other deadlines in the Case Management Plan (ECF 56 , 61 , 63 ) are hereby held in abeyance. Signed by Judge Tanya Walton Pratt on 3/27/2018. (MAT) (Entered: 03/27/2018) (0) |
| Mar 23, 2018 | 69 | Joint MOTION to Hold Deadlines in Abeyance, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(Fomenkova, Galina) (Entered: 03/23/2018) (0) |
| Mar 15, 2018 | 68 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 3/15/2018. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 03/15/2018) (0) |
| Mar 13, 2018 | 66 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 3/13/2018. Status Conference set for 3/15/2018 at 02:45 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 03/13/2018) (0) |
| Mar 9, 2018 | 64 | SCHEDULING ORDER - Telephonic Status Conference set for 3/13/2018 at 11:30 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 3/9/2018.(JRB) (Entered: 03/09/2018) (0) |
| Mar 5, 2018 | 63 | ORDER - 62 Motion for Extension of Time is granted. All fact liability discovery must be completed by March 30, 2018. Signed by Judge Tanya Walton Pratt on 3/5/2018. (MEJ) (Entered: 03/05/2018) (0) |
| Mar 2, 2018 | 62 | Joint MOTION for Extension of Time to 03/30/2018 for Infringement Contentions and Completion of Fact Liability Discovery, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(Fomenkova, Galina) (Entered: 03/02/2018) (0) |
| Feb 16, 2018 | 61 | ORDER - 60 Motion for Extension of Time is granted. Plaintiff's deadline to file and serve infringement contentions is extended by two weeks to March 2, 2018. Signed by Judge Tanya Walton Pratt on 2/16/2018. (MEJ) (Entered: 02/16/2018) (0) |
| Feb 15, 2018 | 60 | Joint MOTION for Extension of Time to 03/02/2018 to File and Serve Infringement Contentions, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(Fomenkova, Galina) (Entered: 02/15/2018) (0) |
| Jan 16, 2018 | 58 | SCHEDULING ORDER: Final Pretrial Conference set for 11/7/2018 at 4:00 PM (Eastern Time) in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Bench Trial set for 12/3/2018 at 9:00 AM (Eastern Time) in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Tanya Walton Pratt on 1/16/2018. (MEJ) (Entered: 01/16/2018) (0) |
| Jan 16, 2018 | 59 | TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (MEJ) (Entered: 01/16/2018) (0) |
| Nov 17, 2017 | 57 | NOTICE of Appearance by Andrew Lemens on behalf of Plaintiff ELI LILLY AND COMPANY. (Lemens, Andrew) (Entered: 11/17/2017) (0) |
| Oct 31, 2017 | 56 | ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Discovery due by 3/9/2018. Telephonic Status Conference set for 4/2/2018 at 10:00 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/31/2017.(JRB) (Entered: 10/31/2017) (0) |
| Oct 27, 2017 | 55 | Revised CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ELI LILLY AND COMPANY . (Fomenkova, Galina) (Entered: 10/27/2017) (0) |
| Oct 20, 2017 | 53 | Exhibit List Preliminary Witness & Exhibit Lists, filed by Defendant HOSPIRA, INC., Witness List , filed by Defendant HOSPIRA, INC.. (Zweig, Sally) (Entered: 10/20/2017) (0) |
| Oct 20, 2017 | 54 | ORDER granting 52 Motion for Extension of Time to File an Amended Case Management Plan to 10/27/2017. Signed by Magistrate Judge Matthew P. Brookman on 10/20/2017. (TMB) (Entered: 10/20/2017) (0) |
| Oct 19, 2017 | 52 | Joint MOTION for Extension of Time to 10/27/2017 TO TENDER AN AMENDED CASE MANAGEMENT PLAN, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(DePrez, Anne) (Entered: 10/19/2017) (0) |
| Oct 10, 2017 | 51 | ORDER granting 50 Motion for Extension of Time to Tender an Amended Case Management Plan to 10/20/17. Signed by Magistrate Judge Matthew P. Brookman on 10/10/2017. (JRB) (Entered: 10/10/2017) (0) |
| Oct 5, 2017 | 50 | Joint MOTION for Extension of Time to Tender an Amended Case Management Plan, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Text of Proposed Order)(Zweig, Sally) (Entered: 10/05/2017) (0) |
| Sep 22, 2017 | 49 | REDACTION to 34 SEALED Document (Case Participants - doc) REDACTED Opening Brief in Support of Its Motion for Summary Judgment on Non-Infringement by HOSPIRA, INC.. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1-U.S. Patent No. 7,772,209, # 3 Exhibit 2-File History of U.S. Pat. App. No. 10/297,821, # 4 Exhibit 3 (Pt 1) - File History of U.S. Pat. App. No. 11/776,329, # 5 Exhibit 3 (Pt 2) - File History of U.S. Pat. App. No. 11/776,329, # 6 Exhibit 4-Findings of Fact and Conclusions of Law, Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., et al., D.I. 336, No. 10-1376-TWP-DKL (Mar. 31, 2014), # 7 Exhibit 5-Findings of Fact and Conclusions of Law Following Second Bench Trial Held May 28, 2015, Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., et al., No. 10-1376-TWP-DKL (Aug. 25, 2015), # 8 Exhibit 6-Judgment of the High Court of Justice (Patents Court), United Kingdom, 2014 EWHC 1511 (Pat) (May 15, 2014), # 9 Exhibit 7-Judgment (Patents Court), United Kingdom, 2015 EWHC 555 (Pat) (June 25, 2015), # 10 Exhibit 8 (Pt 1) _ Approved Redacted Judgment (Patents Court), 2016 EWHC 234 (Pat), United Kingdom (Feb. 12, 2016), # 11 Exhibit 8 (Pt 2) _ Approved Redacted Judgment (Patents Court), 2016 EWHC 234 (Pat), United Kingdom (Feb. 12, 2016), # 12 Exhibit 9-Judgment of the Supreme Court of the United Kingdom, 2017 UKSC 48 (July 12, 2017), # 13 Exhibit 10-ALIMTA Prescribing Information, # 14 Exhibit 11-Drugs @ FDA, FDA Approved Drug Products - Toradol, # 15 Exhibit 12-Toradol Prescribing Information, # 16 Exhibit 13-Drugs @ FDA, FDA Approved Drug Products Hemabate, # 17 Exhibit 14-Hemabate Prescribing Information, # 18 Exhibit 15-Monurol Prescribing Information, # 19 Exhibit 16-Drugs @ FDA, FDA Approved Drug Products - THAM, # 20 Exhibit 17-THAM Prescribing Information, # 21 Exhibit 18-S. Berge, Pharmaceutical Salts, 66(1) J. PHARM. SCI. 1-22 (1977), # 22 Exhibit 19-L. Gu, Preformulation Salt Selection. Physical Property Comparisons of the Tris(hydroxymethyl)aminomethane (THAM) Salts of Four Analgesic/Antiinflammatory Agents with the Sodium Salts and the Free Acids, 4(3) PHARM. RES. 255 (1987), # 23 Exhibit 20-U.S. Patent No. 5,344,932, # 24 Exhibit 21-U.S. Patent No. 6,686,365, # 25 Exhibit 22-REDACTED R. Jones Letter to P. Keegan, September 15, 2016, # 26 Exhibit 23-REDACTED NDA Draft Labeling § 1.14.1, # 27 Exhibit 24-REDACTED NDA § 3.2.P.1, # 28 Exhibit 25-REDACTED NDA Batch Analyses § 3.2.P.5.4, # 29 Exhibit 26-REDACTED NDA Prescribing Information, # 30 Exhibit 27-Intl Pat. App. No. WO 01/14379, # 31 Exhibit 28-U.S. Pat. App. Pub. No. 2012/0245349)(Zweig, Sally) (Entered: 09/22/2017) (0) |
| Sep 21, 2017 | 48 | Witness List (Preliminary), filed by Plaintiff ELI LILLY AND COMPANY, Exhibit List (Preliminary), filed by Plaintiff ELI LILLY AND COMPANY. (Fomenkova, Galina) (Entered: 09/21/2017) (0) |
| Sep 18, 2017 | 47 | ORDER granting 42 Motion to Maintain Document Under Seal 34 SEALED Document (Case Participants - doc). Signed by Magistrate Judge Matthew P. Brookman on 9/18/2017. (JRB) (Entered: 09/18/2017) (0) |
| Sep 8, 2017 | 46 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 9/6/2017. Parties are GRANTED leave to file an amended Case Management Plan on or before October 6, 2017. The Case Management Plan shall address a summary judgment briefing schedule. All summary judgment briefing is STAYED pending the parties' Case Management Plan being entered. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 09/08/2017) (0) |
| Aug 30, 2017 | 45 | CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ELI LILLY AND COMPANY . (Swafford, Alec) (Entered: 08/30/2017) (0) |
| Aug 25, 2017 | 42 | MOTION to Maintain Document Under Seal 35 MOTION to Maintain Document Under Seal 34 SEALED Document (Case Participants - doc) Opening Brief in Support of Its Motion for Summary Judgment of Non-Infringement and Exhibits 22-26 attached thereto, 34 SEALED Document (Case Participants - doc) Defendant's Renewed Motion to File Under Seal Its Opening Brief in Support of Its Motion for Summary Judgment of Non-Infringement and Exhibits 22-26 attached thereto, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Text of Proposed Order)(Zweig, Sally) (Entered: 08/25/2017) (0) |
| Aug 25, 2017 | 43 | BRIEF/MEMORANDUM in Support re 42 MOTION to Maintain Document Under Seal 35 MOTION to Maintain Document Under Seal 34 SEALED Document (Case Participants - doc) Opening Brief in Support of Its Motion for Summary Judgment of Non-Infringement and Exhibits 22-26 attached th , filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Exhibit A - REDACTED Hospira's Opening Brief in Support of Its Motion for Summary Judgment on Non-Infringement)(Zweig, Sally) (Entered: 08/25/2017) (0) |
| Aug 16, 2017 | 41 | ORDER granting 40 Motion for Extension of Time to 9/25/2017 to file a response to 33 the motion for summary judgment. Signed by Judge Tanya Walton Pratt on 8/16/2017. (CBU) Modified on 8/18/2017 to create link to related motion (LBT). (Entered: 08/17/2017) (0) |
| Aug 15, 2017 | 39 | ORDER denying 35 Motion to Maintain Documents Under Seal - The Clerk is directed to maintain under seal Defendant's Opening Brief in Support of Its Motion for Summary Judgment of Non-Infringement and Exhibits 22-26 Thereto (Docket Nos. 34, 34-3, 34-4, 34-5, 34-6, and 34-7) until further order of the Court. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/15/2017. (JRB) (Entered: 08/15/2017) (0) |
| Aug 15, 2017 | 40 | Joint MOTION for Extension of Time to 09/25/2017 in which to 33 MOTION for Summary Judgment of Non-Infringement Extend Deadline for Response to Motion for Summary Judgment Pending Case Management Conference, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Text of Proposed Order)(DePrez, Anne) (Entered: 08/15/2017) (0) |
| Aug 11, 2017 | 37 | ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 9/6/2017 at 11:30 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/11/2017.(JRB) (Entered: 08/11/2017) (0) |
| Aug 11, 2017 | 38 | NOTICE of Appearance by Galina I. Fomenkova on behalf of Plaintiff ELI LILLY AND COMPANY. (Fomenkova, Galina) (Entered: 08/11/2017) (0) |
| Jul 28, 2017 | 32 | NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Sally F. Zweig hereby notifies the Clerk of the court of changed contact information. (Zweig, Sally) (Entered: 07/28/2017) (0) |
| Jul 28, 2017 | 33 | MOTION for Summary Judgment of Non-Infringement, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Text of Proposed Order)(Zweig, Sally) (Entered: 07/28/2017) (0) |
| Jul 28, 2017 | 34 | SEALED , re 33 Motion for Summary Judgment, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Exhibit SEALED Opening Brief in Support of Motion for Summary Judgment of Non-Infringement, # 2 Exhibit List of Exhibits, # 3 Exhibit 22- SEALED (R. Jones Letter to P. Keegan, September 15, 2016), # 4 Exhibit 23- SEALED (NDA Draft Labeling § 1.14.1), # 5 Exhibit 24-SEALED (NDA § 3.2.P.1), # 6 Exhibit 25- SEALED (NDA Batch Analyses § 3.2.P.5.4), # 7 Exhibit 26- SEALED (NDA Prescribing Information))(Zweig, Sally) (Entered: 07/28/2017) (0) |
| Jul 28, 2017 | 35 | MOTION to Maintain Document Under Seal 34 SEALED Document (Case Participants - doc) Opening Brief in Support of Its Motion for Summary Judgment of Non-Infringement and Exhibits 22-26 attached thereto, filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Text of Proposed Order)(Zweig, Sally) (Entered: 07/28/2017) (0) |
| Jul 28, 2017 | 36 | EXHIBIT in Support of Motion re 33 MOTION for Summary Judgment of Non-Infringement , filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Exhibit 1 - U.S. Patent No. 7,772,209, # 2 Exhibit 2- File History of U.S. Pat. App. No. 10/297,821, # 3 Exhibit 3 (Pt 1) - File History of U.S. Pat. App. No. 11/776,329, # 4 Exhibit 3 (Pt 2) - File History of U.S. Pat. App. No. 11/776,329, # 5 Exhibit 4- Findings of Fact and Conclusions of Law, Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., et al., D.I. 336, No. 10-1376-TWP-DKL (Mar. 31, 2014), # 6 Exhibit 5 - Findings of Fact and Conclusions of Law Following Second Bench Trial Held May 28, 2015, Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., et al., No. 10-1376-TWP-DKL (Aug. 25, 2015), # 7 Exhibit 6 - Judgment of the High Court of Justice (Patents Court), United Kingdom, 2014 EWHC 1511 (Pat) (May 15, 2014), # 8 Exhibit 7 - Judgment (Patents Court), United Kingdom, 2015 EWHC 555 (Pat) (June 25, 2015), # 9 Exhibit 8 (Pt 1) - Approved Redacted Judgment (Patents Court), 2016 EWHC 234 (Pat), United Kingdom (Feb. 12, 2016), # 10 Exhibit 8 (Pt 2) - Approved Redacted Judgment (Patents Court), 2016 EWHC 234 (Pat), United Kingdom (Feb. 12, 2016), # 11 Exhibit 9 - Judgment of the Supreme Court of the United Kingdom, 2017 UKSC 48 (July 12, 2017), # 12 Exhibit 10 - ALIMTA Prescribing Information, # 13 Exhibit 11 - Drugs @ FDA, FDA Approved Drug Products - Toradol, # 14 Exhibit 12 - Toradol Prescribing Information, # 15 Exhibit 13 - Drugs @ FDA, FDA Approved Drug Products Hemabate, # 16 Exhibit 14 - Hemabate Prescribing Information, # 17 Exhibit 15 - Monurol Prescribing Information, # 18 Exhibit 16 - Drugs @ FDA, FDA Approved Drug Products - THAM, # 19 Exhibit 17 - THAM Prescribing Information, # 20 Exhibit 18 - S. Berge, Pharmaceutical Salts, 66(1) J. PHARM. SCI. 1-22 (1977), # 21 Exhibit 19 - L. Gu, Preformulation Salt Selection. Physical Property Comparisons of the Tris(hydroxymethyl)aminomethane (THAM) Salts of Four Analgesic/Antiinflammatory Agents with the Sodium Salts and the Free Acids, 4(3) PHARM. RES. 255 (1987), # 22 Exhibit 20 - U.S. Patent No. 5,344,932, # 23 Exhibit 21 - U.S. Patent No. 6,686,365, # 24 Exhibit 27 - Intl Pat. App. No. WO 01/14379, # 25 Exhibit 28 - U.S. Pat. App. Pub. No. 2012/0245349)(Zweig, Sally) (Entered: 07/28/2017) (0) |
| Jul 13, 2017 | 31 | ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Magistrate Judge Matthew P. Brookman. Judge Denise K. LaRue is no longer assigned to the case. Please include the new case number,1:16-cv-03460-TWP-MPB, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 7/13/2017. (NLR) (Entered: 07/13/2017) (0) |
| Mar 1, 2017 | 30 | ORDER granting 28 Motion to Appear pro hac vice. Attorney Dov P. Grossman for ELI LILLY AND COMPANY added. Signed by Magistrate Judge Denise K. LaRue on 3/1/2017. (CBU) (Entered: 03/01/2017) (0) |
| Jan 27, 2017 | 29 | ORDER granting 26 Motion to Appear pro hac vice. Attorney Alec T. Swafford for ELI LILLY AND COMPANY added. Signed by Magistrate Judge Denise K. LaRue on 1/27/2017. (SWM) (Entered: 01/27/2017) (0) |
| Jan 26, 2017 | 28 | MOTION for Attorney(s) Dov P. Grossman to Appear pro hac vice (Filing fee $100, receipt number 0756-4214255), filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Exhibit A - Certification of Dov Grossman, # 2 Text of Proposed Order)(DePrez, Anne) (Entered: 01/26/2017) (0) |
| Jan 25, 2017 | 27 | Submission of Proposed Order , re 26 MOTION for Attorney(s) Alec T. Swafford to Appear pro hac vice (Filing fee $100, receipt number 0756-4211070), filed by Plaintiff ELI LILLY AND COMPANY. (DePrez, Anne) (Entered: 01/25/2017) (0) |
| Jan 24, 2017 | 23 | ORDER granting 16 Motion to Appear pro hac vice. Attorney Bradford P. Lyerla for HOSPIRA, INC. added. Signed by Magistrate Judge Denise K. LaRue on 1/24/2017 (dist made) (CBU) (Entered: 01/24/2017) (0) |
| Jan 24, 2017 | 24 | ORDER granting 17 Motion to Appear pro hac vice. Attorney Sara Tonnies Horton for HOSPIRA, INC. added. Signed by Magistrate Judge Denise K. LaRue on 1/24/2017 (dist made) (CBU) (Entered: 01/24/2017) (0) |
| Jan 24, 2017 | 25 | ORDER granting 18 Motion to Appear pro hac vice. Attorney Yusuf Esat for HOSPIRA, INC. added. Signed by Magistrate Judge Denise K. LaRue on 1/24/2017 (dist made) (CBU) (Entered: 01/24/2017) (0) |
| Jan 24, 2017 | 26 | MOTION for Attorney(s) Alec T. Swafford to Appear pro hac vice (Filing fee $100, receipt number 0756-4211070), filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: # 1 Exhibit A - Certification of Alec Swafford, # 2 Text of Proposed Order)(DePrez, Anne) (Entered: 01/24/2017) (0) |
| Jan 23, 2017 | 22 | NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Answer) (JLS) (Entered: 01/23/2017) (0) |
| Jan 18, 2017 | 20 | NOTICE of Appearance by David M. Krinsky on behalf of Plaintiff ELI LILLY AND COMPANY. (Krinsky, David) (Entered: 01/18/2017) (0) |
| Jan 18, 2017 | 21 | NOTICE of Appearance by Bruce Roger Genderson on behalf of Plaintiff ELI LILLY AND COMPANY. (Genderson, Bruce) (Entered: 01/18/2017) (0) |
| Jan 17, 2017 | 13 | NOTICE of Appearance by Sally F. Zweig on behalf of Defendant HOSPIRA, INC.. (Zweig, Sally) (Entered: 01/17/2017) (0) |
| Jan 17, 2017 | 14 | Corporate Disclosure Statement by HOSPIRA, INC.. (Zweig, Sally) (Entered: 01/17/2017) (0) |
| Jan 17, 2017 | 15 | ANSWER to Complaint and Affirmative Defenses, filed by Defendant HOSPIRA, INC.. (Zweig, Sally) (Entered: 01/17/2017) (0) |
| Jan 17, 2017 | 16 | MOTION for Attorney(s) Bradford P. Lyerla to Appear pro hac vice (Filing fee $100, receipt number 0756-4202175), filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Exhibit A- Certification of Bradford P. Lyerla, # 2 Text of Proposed Order)(Zweig, Sally) (Entered: 01/17/2017) (0) |
| Jan 17, 2017 | 17 | MOTION for Attorney(s) Sara Tonnies Horton to Appear pro hac vice (Filing fee $100, receipt number 0756-4202189), filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Exhibit A- Certification of Sara Tonnies Horton, # 2 Text of Proposed Order)(Zweig, Sally) (Entered: 01/17/2017) (0) |
| Jan 17, 2017 | 18 | MOTION for Attorney(s) Yusuf Esat to Appear pro hac vice (Filing fee $100, receipt number 0756-4202197), filed by Defendant HOSPIRA, INC.. (Attachments: # 1 Exhibit A- Certification of Yusuf Esat, # 2 Text of Proposed Order)(Zweig, Sally) (Entered: 01/17/2017) (0) |
| Jan 17, 2017 | 19 | NOTICE of Appearance by Adam L. Perlman on behalf of Plaintiff ELI LILLY AND COMPANY. (Perlman, Adam) (Entered: 01/17/2017) (0) |
| Jan 11, 2017 | 12 | NOTICE of Reassignment of Case to Judge Tanya Walton Pratt and Magistrate Judge Denise K. LaRue. Judge Sarah Evans Barker, Magistrate Judge Mark J. Dinsmore no longer assigned to the case. Please include the new case number, 1:16-cv-03460-TWP-DKL, on all future filings in this matter. (AAM) (Entered: 01/11/2017) (0) |
| Jan 10, 2017 | 10 | NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Complaint, # 2 Exhibit A) (CKM) (Entered: 01/10/2017) (0) |
| Jan 10, 2017 | 11 | ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Tanya Walton Pratt and Magistrate Judge Denise K. LaRue for all further proceedings. This case is related to 1:10-CV-1376-TWP-DKL, 1:12-CV-0086-TWP-DKL, 1:14-CV-1647-TWP-DKL, 1:14-CV-2008-TWP-DKL, 1:15-CV-1083-TWP-DKL,1:15-CV-1244-TWP-DKL, 1:16-CV-308-TWP-DKL,1:16-CV-469-TWP-DKL, and 1:16-CV-2960-TWP-DKL. Judge Sarah Evans Barker and Magistrate Judge Mark J. Dinsmore no longer assigned to case. Signed by Judge Sarah Evans Barker on 1/10/2017. (KR) (Entered: 01/10/2017) (0) |
| Jan 3, 2017 | 8 | RETURN of Service by CMRRR, filed by ELI LILLY AND COMPANY. HOSPIRA, INC. served on 12/27/2016. (Attachments: # 1 Exhibit A - signed green card)(Carroll, Jan) (Entered: 01/03/2017) (0) |
| Jan 3, 2017 | 9 | RETURN of Service by CMRRR, filed by ELI LILLY AND COMPANY. HOSPIRA, INC. served on 12/28/2016. (Attachments: # 1 Exhibit A - USPS tracking info)(Carroll, Jan) (Entered: 01/03/2017) (0) |
| Dec 23, 2016 | 1 | Main Document (7) |
| Dec 23, 2016 | 1 | Exhibit A - '209 patent (10) |
| Dec 23, 2016 | 2 | Civil Cover Sheet (2) |
| Dec 23, 2016 | 3 | Proposed Summons (2) |
| Dec 23, 2016 | 2 | Notice of Appearance (1) |
| Dec 23, 2016 | 3 | Corporate Disclosure Statement (1) |
| Dec 23, 2016 | 4 | Notice (Other) (2) |
| Dec 23, 2016 | 5 | Notice of Appearance (1) |
| Dec 22, 2016 | 6 | Summons Issued as to HOSPIRA, INC. (AAM) (Entered: 12/22/2016) (0) |
| Dec 22, 2016 | 7 | MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) (Entered: 12/22/2016) (0) |
