Case number 1:20-cv-00365
Exela Pharma Sciences, LLC v. Dr. Reddy's Laboratories S.A. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 3, 2022 | 259 | Notice of Appeal* (1) |
| Aug 1, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER - The Court intends to issue its post-trial decision on or before 8/8/2022. THEREFORE, IT IS HEREBY ORDERED that should Defendant intend to market its product prior to that date, it must inform the Court no later than noon on 8/2/2022 so that the Court can address any necessary extension of the 30-month stay or preliminary relief. ORDERED by Judge Maryellen Noreika on 8/1/2022. (dlw) |
| Aug 1, 2022 | 243 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Timothy Devlin regarding Response to August 1, 2022 Oral Order. (Devlin, Timothy) |
| Jul 7, 2022 | 241 | Main Document (1) Docket Text: Letter to The Honorable Maryellen Noreika from Timothy Devlin. (Attachments: # (1) Exhibit 1)(Devlin, Timothy) |
| Jul 7, 2022 | 241 | Exhibit 1 (6) |
| May 11, 2022 | 239 | Main Document (6) Docket Text: REDACTED VERSION of [223] Answering Brief in Opposition, by Eton Pharmaceuticals, Inc.. (Attachments: # (1) Declaration, # (2) Exhibit 1, # (3) Exhibit 2)(Devlin, Timothy) |
| May 11, 2022 | 239 | Declaration (3) |
| May 11, 2022 | 239 | Exhibit 1 (3) |
| May 11, 2022 | 239 | Exhibit 2 (3) |
| May 5, 2022 | 238 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Gregory R. Booker regarding Eton launch - re [237] Letter. (Booker, Gregory) |
| Apr 29, 2022 | 237 | Letter (3) Docket Text: Letter to The Honorable Maryellen Noreika from Timothy Devlin regarding launch at risk - re [175] Order on Motion to Preclude, [213] Letter. (Devlin, Timothy) |
| Apr 22, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 229 has been replaced on the docket at the request of counsel to correct some trial exhibit cites. (dlw) |
| Apr 21, 2022 | 234 | Redacted Document (9) Docket Text: REDACTED VERSION of [214] Exhibit to a Document by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Apr 21, 2022 | 235 | Redacted Document (10) Docket Text: REDACTED VERSION of [226] Reply Brief by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Apr 21, 2022 | 236 | Main Document (2) Docket Text: REDACTED VERSION of [227] Declaration by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Booker, Gregory) Modified on 4/22/2022 (dlw). |
| Apr 21, 2022 | 236 | Exhibit A (6) |
| Apr 21, 2022 | 236 | Exhibit B (5) |
| Apr 19, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 230 has been deleted from the docket at the request of counsel (see also D.I. 208). The Oral Order previously at D.I. 231 has been renumbered to D.I. 230 in order to keep the docket numbering sequential. (dlw) |
| Apr 19, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 4/19/2022 re Motion for TRO ([215]). The defendant shall provide the Court and plaintiff 30 days notice of when they intend to launch. Upon receipt of that notice, the Court will address the motion for TRO ([215]), focusing on claim 10 of the '713 patent. (Court Reporter Dale Hawkins.) (mdb) |
| Apr 19, 2022 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER RESETTING Teleconference: IT IS HEREBY ORDERED that today's teleconference is RESET to begin at 1:00 PM. ORDERED by Judge Maryellen Noreika on 4/19/2022. (dlw) Modified on 4/19/2022 (dlw). |
| Apr 19, 2022 | 231 | Redacted Document (27) Docket Text: REDACTED VERSION of [216] Opening Brief in Support by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 4/20/2022 (dlw). |
| Apr 19, 2022 | 232 | Main Document (3) Docket Text: REDACTED VERSION of [217] Declaration by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Booker, Gregory) Modified on 4/20/2022 (dlw). |
| Apr 19, 2022 | 232 | Exhibit A (4) |
| Apr 19, 2022 | 232 | Exhibit B (3) |
| Apr 19, 2022 | 233 | Redacted Document (4) Docket Text: REDACTED VERSION of [218] Declaration by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 4/20/2022 (dlw). |
| Apr 18, 2022 | 228 | POST Trial Brief (10) Docket Text: POST TRIAL REPLY BRIEF by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 4/19/2022 (dlw). |
| Apr 18, 2022 | 229 | POST Trial Brief (22) Docket Text: POST TRIAL REPLY BRIEF by Eton Pharmaceuticals, Inc. (Devlin, Timothy) Modified on 4/19/2022 (dlw). (Main Document 229 replaced on 4/22/2022) (dlw). |
| Apr 14, 2022 | 224 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Gregory R. Booker regarding Motion for Temporary Restraining Order - re [215] MOTION for Temporary Restraining Order . (Booker, Gregory) |
| Apr 14, 2022 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference re [215] Motion for Temporary Restraining Order - IT IS HEREBY ORDERED that a Telephone Conference is set for 4/19/2022 at 12:30 PM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 4/14/2022. (dlw) |
| Apr 12, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb) |
| Apr 12, 2022 | 215 | Main Document (3) Docket Text: MOTION for Temporary Restraining Order - filed by Exela Pharma Sciences, LLC. (Attachments: # (1) Text of Proposed Order)(Booker, Gregory) |
| Apr 12, 2022 | 215 | Text of Proposed Order (2) |
| Apr 12, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [215] MOTION for Temporary Restraining Order - IT IS HEREBY ORDERED that Defendant shall respond to Plaintiff's Motion for Temporary Restraining Order no later than 6:00 PM on 4/13/2022 and shall specifically address whether Eton intends to launch prior to August 3, 2022 absent a TRO or PI. ORDERED by Judge Maryellen Noreika on 4/12/2022. (dlw) |
| Apr 12, 2022 | 220 | POST Trial Brief (9) Docket Text: RESPONSIVE POST TRIAL BRIEF by Eton Pharmaceuticals, Inc. (Devlin, Timothy) Modified on 4/13/2022 (dlw). |
| Apr 12, 2022 | 221 | Proposed Findings of Fact (30) Docket Text: Proposed Findings of Fact by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Apr 12, 2022 | 222 | POST Trial Brief (30) Docket Text: RESPONSIVE POST TRIAL BRIEF by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 4/13/2022 (dlw). |
| Apr 11, 2022 | 213 | Main Document (2) Docket Text: Letter to Honorable Maryellen Noreika from Timothy Devlin. (Attachments: # (1) Exhibit 2)(Devlin, Timothy) |
| Apr 11, 2022 | 213 | Exhibit 2 (2) |
| Mar 31, 2022 | 209 | POST Trial Brief (19) Docket Text: POST TRIAL BRIEF by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 4/1/2022 (mdb). |
| Mar 31, 2022 | 210 | Proposed Findings of Fact (30) Docket Text: Proposed Findings of Fact by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Mar 31, 2022 | 211 | Proposed Findings of Fact (30) Docket Text: Proposed Findings of Fact by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Mar 31, 2022 | 212 | POST Trial Brief (30) Docket Text: POST TRIAL BRIEF by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Mar 28, 2022 | 205 | Transcript (283) Docket Text: Official Transcript of Bench Trial held on 03/14/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@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 4/18/2022. Redacted Transcript Deadline set for 4/28/2022. Release of Transcript Restriction set for 6/27/2022. (dh) |
| Mar 28, 2022 | 206 | Transcript (238) Docket Text: Official Transcript of Bench Trial held on 03/15/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@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 4/18/2022. Redacted Transcript Deadline set for 4/28/2022. Release of Transcript Restriction set for 6/27/2022. (dh) |
| Mar 28, 2022 | 207 | Transcript (162) Docket Text: Official Transcript of Bench Trial held on 03/16/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@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 4/18/2022. Redacted Transcript Deadline set for 4/28/2022. Release of Transcript Restriction set for 6/27/2022. (dh) |
| Mar 28, 2022 | 208 | SO ORDERED (2) Docket Text: SO ORDERED re [204] Stipulation and Order (Set Post-Trial Briefing Schedule: Opening Brief due 3/31/2022. Answering Brief due 4/12/2022. Reply Brief due 4/18/2022. Hyperlinked versions due 4/22/2022). Signed by Judge Maryellen Noreika on 3/28/2022. (dlw) |
| Mar 25, 2022 | 204 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order regarding Post-Trial Briefing Schedule by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Mar 22, 2022 | 203 | Exhibit List (5) Docket Text: JOINT EXHIBIT AND WITNESS LIST re 3-day Bench Trial. (mdb) |
| Mar 16, 2022 | N/A | Bench Trial - Completed (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Bench Trial Day Three completed on 3/16/2022. All evidence entered; closing arguments will be heard after the post-trial briefing has been complete. Post-trial briefing shall be completed by 4/15/2022. Trial time as of day three: plaintiff: 8:26:36, defendant: 7:53:19. The Court issued a ruling on the pending claim construction disputes. A written order will be issued. (Court Reporter Dale Hawkins.) (mdb) |
| Mar 15, 2022 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Bench Trial Day Two held on 3/15/2022. (Court Reporter Dale Hawkins.) (mdb) |
| Mar 15, 2022 | 202 | Letter (2) Docket Text: Letter to The Honorable Maryellen Noreika from Gregory R. Booker regarding case law on claim limitation language. (Booker, Gregory) |
| Mar 14, 2022 | N/A | Bench Trial - Begun (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Bench Trial Day One held on 3/14/2022. (Court Reporter Dale Hawkins.) (mdb) |
| Mar 14, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER GRANTING [195] Rule 83.5(f)(2) Application and Order - IT IS HEREBY ORDERED that the application is GRANTED. ORDERED by Judge Maryellen Noreika on 3/14/2022. (dlw) |
| Mar 14, 2022 | 198 | SO ORDERED (2) Docket Text: SO ORDERED re [190] Stipulation of Dismissal of Plaintiff's Counts I, II, III, IV, XV, and XVI with Respect to U.S. Patent Nos. 10,478,453 and 10,933,089. Signed by Judge Maryellen Noreika on 3/14/2022. (dlw) |
| Mar 14, 2022 | 199 | SO ORDERED (2) Docket Text: SO ORDERED re [191] Stipulation regarding Infringement. Signed by Judge Maryellen Noreika on 3/14/2022. (dlw) |
| Mar 14, 2022 | 200 | Stipulation (3) Docket Text: STIPULATION regarding Infringement and Commercial Embodiment by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 3/14/2022 (dlw). |
| Mar 14, 2022 | 201 | SO ORDERED (3) Docket Text: SO ORDERED re [200] Stipulation Regarding Infringement and Commercial Embodiment. Signed by Judge Maryellen Noreika on 3/14/2022. (dlw) |
| Mar 13, 2022 | 193 | Reply Brief (10) Docket Text: REPLY BRIEF re [186] MOTION to Strike Defendant's Untimely Obviousness Combinations from March 9 and 10 filed by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Mar 13, 2022 | 194 | Main Document (2) Docket Text: DECLARATION of Gregory R. Booker re [193] Reply Brief by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit E, # (2) Exhibit F)(Booker, Gregory) Modified on 3/14/2022 (dlw). |
| Mar 13, 2022 | 194 | Exhibit E (2) |
| Mar 13, 2022 | 194 | Exhibit F (3) |
| Mar 13, 2022 | 195 | Statement (2) Docket Text: STATEMENT re [15] Notice of Appearance // Rule 83.5(f)(2) Application and Proposed Order by Exela Pharma Sciences, LLC. (Flanagan, Elizabeth) Modified on 3/14/2022 (dlw). |
| Mar 13, 2022 | 196 | Notice (Other) (2) Docket Text: NOTICE of Intent to Have Newer Attorney Participate in Trial by Exela Pharma Sciences, LLC (Booker, Gregory) |
| Mar 12, 2022 | 192 | Answering Brief in Opposition (12) Docket Text: ANSWERING BRIEF in Opposition re [186] MOTION to Strike Defendant's Untimely Obviousness Combinations from March 9 and 10 filed by Eton Pharmaceuticals, Inc..Reply Brief due date per Local Rules is 3/21/2022. (Devlin, Timothy) |
| Mar 11, 2022 | 186 | Main Document (3) Docket Text: MOTION to Strike Defendant's Untimely Obviousness Combinations from March 9 and 10 - filed by Exela Pharma Sciences, LLC. (Attachments: # (1) Text of Proposed Order)(Booker, Gregory) Modified on 3/11/2022 (mdb). |
| Mar 11, 2022 | 186 | Text of Proposed Order (1) |
| Mar 11, 2022 | 187 | Opening Brief in Support (13) Docket Text: OPENING BRIEF in Support re [186] MOTION to Strike Defendant's Untimely Obviousness Combinations from March 9 and 10 filed by Exela Pharma Sciences, LLC.Answering Brief/Response due date per Local Rules is 3/25/2022. (Booker, Gregory) Modified on 3/11/2022 (mdb). |
| Mar 11, 2022 | 188 | Main Document (2) Docket Text: DECLARATION of Gregory R. Booker re [187] Opening Brief in Support, [186] MOTION to Strike Defendant's Untimely Obviousness Combinations from March 9 and 10 by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Booker, Gregory) Modified on 3/11/2022 (mdb). |
| Mar 11, 2022 | 188 | Exhibit A (11) |
| Mar 11, 2022 | 188 | Exhibit B (3) |
| Mar 11, 2022 | 188 | Exhibit C (4) |
| Mar 11, 2022 | 188 | Exhibit D (8) |
| Mar 11, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [186] Motion to Strike: The defendant shall file a response by 5:00 PM TOMORROW and the plaintiff shall file a reply by 2:00 PM on Sunday, 3/13/2022. ORDERED by Judge Maryellen Noreika on 3/11/2022. (mdb) |
| Mar 11, 2022 | 190 | Stipulation of Dismissal (2) Docket Text: STIPULATION of Dismissal of Plaintiff's Counts I, II, III, IV, XV, and XVI with Respect to U.S. Patent Nos. 10,478,453 and 10,933,089 by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 3/14/2022 (dlw). |
| Mar 11, 2022 | 191 | Stipulation (2) Docket Text: STIPULATION regarding Infringement re [175] Order on Motion to Preclude, by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Mar 8, 2022 | 185 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Douglas Edward McCann on behalf of Exela Pharma Sciences, LLC (McCann, Douglas) |
| Mar 4, 2022 | 184 | Order (3) Docket Text: ORDER AFTER PRETRIAL CONFERENCE - IT IS HEREBY ORDERED that the Proposed Pretrial Order is ADOPTED as modified by any discussion at the Pretrial Conference. For the reasons stated at the Pretrial Conference, Plaintiff's first Motion in Limine (D.I. 179, Ex. 13) is DENIED, Plaintiff's second Motion in Limine is GRANTED-IN-PART and DENIED-IN-PART, and Plaintiff's third Motion in Limine is GRANTED. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 3/4/2022. (dlw) |
| Mar 2, 2022 | 183 | Transcript (27) Docket Text: Official Transcript of Pretrial Conference held on 02/28/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@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 3/23/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 5/31/2022. (dh) |
| Mar 1, 2022 | 181 | Main Document (26) Docket Text: REDACTED VERSION of [179] Amended Proposed Pretrial Order by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 9)(Booker, Gregory) Modified on 3/2/2022 (dlw). |
| Mar 1, 2022 | 181 | Exhibit 1 (15) |
| Mar 1, 2022 | 181 | Exhibit 2 (53) |
| Mar 1, 2022 | 181 | Exhibit 9 (46) |
| Mar 1, 2022 | 182 | Main Document (26) Docket Text: REDACTED VERSION of [180] Redlined Versions of Amended Proposed Pretrial Order by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 9)(Booker, Gregory) Modified on 3/2/2022 (dlw). |
| Mar 1, 2022 | 182 | Exhibit 1 (16) |
| Mar 1, 2022 | 182 | Exhibit 2 (54) |
| Mar 1, 2022 | 182 | Exhibit 9 (48) |
| Feb 28, 2022 | N/A | Pretrial Conference (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Pretrial Conference held on 2/28/2022. (Court Reporter Dale Hawkins.) (mdb) |
| Feb 25, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Karrie Wheatley for Exela Pharma Sciences, 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. (apk) |
| Feb 22, 2022 | 178 | Main Document (25) Docket Text: REDACTED VERSION of [177] Proposed Pretrial Order, by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13)(Booker, Gregory) |
| Feb 22, 2022 | 178 | Exhibit 1 (17) |
| Feb 22, 2022 | 178 | Exhibit 2 (53) |
| Feb 22, 2022 | 178 | Exhibit 3 (6) |
| Feb 22, 2022 | 178 | Exhibit 4 (25) |
| Feb 22, 2022 | 178 | Exhibit 5 (17) |
| Feb 22, 2022 | 178 | Exhibit 6 (8) |
| Feb 22, 2022 | 178 | Exhibit 7 (3) |
| Feb 22, 2022 | 178 | Exhibit 8 (23) |
| Feb 22, 2022 | 178 | Exhibit 9 (47) |
| Feb 22, 2022 | 178 | Exhibit 10 (35) |
| Feb 22, 2022 | 178 | Exhibit 11 (6) |
| Feb 22, 2022 | 178 | Exhibit 12 (3) |
| Feb 22, 2022 | 178 | Exhibit 13 (658) |
| Feb 10, 2022 | 176 | Notice (Other) (9) Docket Text: NOTICE of - Defendant's Notice Pursuant to 35 U.S.C. ยง 282(c) by Eton Pharmaceuticals, Inc. (Devlin, Timothy) |
| Feb 8, 2022 | 175 | Order on Motion to Preclude (7) Docket Text: ORDER GRANTING [164] Motion to Preclude - IT IS HEREBY ORDERED that, Exela Pharma Sciences, LLC's Motion to Exclude the Expert Testimony of Dr. Steven W. Baertschi (D.I. 164) is GRANTED. Dr. Baertschi is precluded from testifying regarding his non-infringement positions that are based on an incorrect understanding of the law. Signed by Judge Maryellen Noreika on 2/8/2022. (dlw) |
| Jan 27, 2022 | 173 | Redacted Document (16) Docket Text: REDACTED VERSION of [171] Reply Brief by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Jan 27, 2022 | 174 | Main Document (3) Docket Text: REDACTED VERSION of [172] Declaration by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit I, # (2) Exhibit J)(Booker, Gregory) Modified on 1/31/2022 (dlw). |
| Jan 27, 2022 | 174 | Exhibit I (4) |
| Jan 27, 2022 | 174 | Exhibit J (10) |
| Jan 13, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [164] MOTION to Preclude the Expert Testimony of Dr. Steven W. Baertschi - Having reviewed the parties' papers submitting in connection with the motion to preclude, the Court would find it helpful to have a reply brief. THEREFORE, IT IS HEREBY ORDERED that, on or before 1/20/2022, Plaintiff shall file a reply brief in further support of its motion. ORDERED by Judge Maryellen Noreika on 1/13/2022. (dlw) |
| Dec 30, 2021 | 169 | Answering Brief in Opposition (15) Docket Text: ANSWERING BRIEF in Opposition re [164] MOTION to Preclude the Expert Testimony of Dr. Steven W. Baertschi filed by Eton Pharmaceuticals, Inc..Reply Brief due date per Local Rules is 1/6/2022. (Devlin, Timothy) |
| Dec 27, 2021 | 167 | Redacted Document (19) Docket Text: REDACTED VERSION of [165] Opening Brief in Support by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 1/3/2022 (dlw). |
| Dec 27, 2021 | 168 | Main Document (3) Docket Text: REDACTED VERSION of [166] Declaration by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Booker, Gregory) Modified on 1/3/2022 (dlw). |
| Dec 27, 2021 | 168 | Exhibit A (60) |
| Dec 27, 2021 | 168 | Exhibit B (1) |
| Dec 27, 2021 | 168 | Exhibit C (1) |
| Dec 27, 2021 | 168 | Exhibit D (1) |
| Dec 27, 2021 | 168 | Exhibit E (1) |
| Dec 27, 2021 | 168 | Exhibit F (1) |
| Dec 27, 2021 | 168 | Exhibit G (1) |
| Dec 27, 2021 | 168 | Exhibit H (1) |
| Dec 17, 2021 | 164 | Main Document (3) Docket Text: MOTION to Preclude the Expert Testimony of Dr. Steven W. Baertschi - filed by Exela Pharma Sciences, LLC. (Attachments: # (1) Text of Proposed Order)(Booker, Gregory) Modified on 12/20/2021 (dlw). |
| Dec 17, 2021 | 164 | Text of Proposed Order (1) |
| Dec 8, 2021 | 163 | Notice to Take Deposition (2) Docket Text: AMENDED NOTICE to Take Deposition of Robert S. Maness on December 16, 2021, at 9:30 A.M. filed by Eton Pharmaceuticals, Inc. (Devlin, Timothy) Modified on 12/9/2021 (dlw). |
| Nov 30, 2021 | 162 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Steven W. Baertschi, Ph.D. on December 10, 2021 filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Nov 22, 2021 | 156 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Robert S. Maness on December 8, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Nov 22, 2021 | 157 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Robert J. Kuhn on December 13, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Nov 22, 2021 | 158 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kevin Leonard on December 10, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Nov 22, 2021 | 159 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dennis Jenke on December 7, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Nov 22, 2021 | 160 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Christian Schoeich on December 14, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Nov 22, 2021 | 161 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Ivan T. Hofmann on December 2, 2021 filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Nov 17, 2021 | N/A | Set/Reset Scheduling Order Deadlines (0) Docket Text: ORAL ORDER RESETTING Scheduling Order Deadlines: IT IS HEREBY ORDERED that the 5-day Bench Trial set for 3/7/2022 is RESET for 3/14/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 11/17/2021. (dlw) |
| Nov 12, 2021 | 155 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Christian Schoneich with Exhibit A; and (2) Reply Expert Report of Dr. Kevin C. Leonard with Exhibits A-C filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Oct 18, 2021 | 154 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Expert Report of Dennis Roger Jenke, Ph.D. with Exhibits 1-4, Expert Rebuttal Report of Dr. Robert J. Kuhn with Exhibit A, Expert Report of Robert S. Maness, Ph.D. with Appendices A-B, and Rebuttal Expert Report of Christian Schoneich with Exhibit A filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Sep 24, 2021 | 152 | SO ORDERED (2) Docket Text: SO ORDERED re [151] Stipulation of Dismissal of Plaintiff's Counts VIII and IX with Respect to U.S. Patent No. 10,653,719. Signed by Judge Maryellen Noreika on 9/24/2021. (dlw) |
| Sep 24, 2021 | 153 | Patent/Trademark Report to Commissioner (1) Docket Text: UPDATED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,478,453; 10,583,155; 10,905,713; 10,912,795; 10,933,089. U.S. Patent No. 10,653,719 dismissed from suit by D.I. 152 Stipulation and Order dated 9/24/2021. (dlw) |
| Sep 23, 2021 | 151 | Stipulation of Dismissal (2) Docket Text: STIPULATION of Dismissal of Plaintiff's Counts VIII and IX with Respect to U.S. Patent No. 10,653,719 by Exela Pharma Sciences, LLC. (Booker, Gregory) Modified on 9/24/2021 (dlw). |
| Aug 24, 2021 | 150 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Third Supplemental Objections and Responses to Defendant's First Set of Interrogatories (No. 1); and Plaintiff's Supplemental Objections and Responses to Defendant's Second Set of Interrogatories (Nos. 2-7), Third Set of Interrogatories (Nos. 8, 10 and 13), and Fourth Set of Interrogatories (Nos. 14-17) filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Aug 12, 2021 | 149 | Answer to Amended Complaint (30) Docket Text: ANSWER to Amended Complaint, re: [70] Amended Complaint, with Jury Demand by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Aug 10, 2021 | 148 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Exela Pharma Sciences, LLC's Notice of Subpoena on Stan Cunningham and Subpoena to Testify at a Deposition in a Civil Action; and Exela Pharma Sciences, LLC's Notice of Subpoena on John Hofstetter and Subpoena to Testify at a Deposition in a Civil Action filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Aug 6, 2021 | 146 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kelly Abernathy on August 20, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Aug 6, 2021 | 147 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Ryan Hicks on August 19, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Aug 5, 2021 | 145 | SO ORDERED (2) Docket Text: SO ORDERED re [144] STIPULATION and Order to Extend Deadlines in the Scheduling Order (Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 8/20/2021. Opening Expert Reports due by 9/17/2021. Rebuttal Expert Reports due by 10/15/2021. Reply Expert Reports due by 11/12/2021. Expert Discovery due by 12/14/2021. Daubert Motions due by 12/17/2021. Answering Brief due 12/30/2021. No Reply Briefs). Signed by Judge Maryellen Noreika on 8/5/2021. (dlw) |
| Aug 4, 2021 | 142 | Transcript (18) Docket Text: Official Transcript of Teleconference held on 07/29/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@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 8/25/2021. Redacted Transcript Deadline set for 9/7/2021. Release of Transcript Restriction set for 11/2/2021. (dh) |
| Aug 4, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - As stated on the record during the 7/29/2021 telephonic motion hearing, the 8/19/2021 Markman hearing is taken off calendar. ORDERED by Judge Maryellen Noreika on 8/4/2021. (dlw) |
| Aug 4, 2021 | 144 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Extend Deadlines in the Scheduling Order to Various Amended Dates - filed by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Aug 2, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 141 has been replaced on the docket at the request of counsel. (dlw) |
| Jul 30, 2021 | 141 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Defendant Eton Pharmaceuticals, Inc.s Objections and Responses to Plaintiff Exela Pharma Sciences, LLCs First Set of Requests for Admission (Nos. 1-21); 2) Defendant Eton Pharmaceuticals, Inc.s Objections and Responses to Plaintiff Exela Pharma Sciences, LLCs Third Set of Interrogatories (Nos. 11-15) filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) (Main Document 141 replaced on 8/2/2021) (dlw). |
| Jul 29, 2021 | N/A | Motion Hearing (0) Docket Text: Minute Entry for telephonic proceedings held before Judge Maryellen Noreika - Motion Hearing held on 7/29/2021 re [78] MOTION to Dismiss Counts VIII-XVI of Plaintiff's Second Amended Complaint for Failure to State a Claim, [112] MOTION to Extend the Scheduling Order - For the reasons stated on the record, the [78] motion to dismiss is DENIED and the [112] motion to extend scheduling order is GRANTED-IN-PART and DENIED-IN-PART. The transcript shall serve as the Court's order. (Court Reporter Dale Hawkins) (dlw) |
| Jul 29, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [139] MOTION for Pro Hac Vice Appearance of Attorney Dexter S. Whitley and Karrie Wheatley filed by Exela Pharma Sciences, LLC. ORDERED by Judge Maryellen Noreika on 7/29/2021. (dlw) |
| Jul 29, 2021 | 139 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Dexter S. Whitley and Karrie Wheatley - filed by Exela Pharma Sciences, LLC. (Oakes, Robert) |
| Jul 29, 2021 | 140 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Objections and Responses to Eton Pharmaceuticals, Inc.'s Fourth Set of Interrogatories (Nos. 14-17) filed by Exela Pharma Sciences, LLC.(Oakes, Robert) |
| Jul 28, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [78] MOTION to Dismiss Counts VIII-XVI of Plaintiff's Second Amended Complaint for Failure to State a Claim - IT IS HEREBY ORDERED that counsel should be prepared to present arguments on the pending motion to dismiss during the 7/29/2021 teleconference. ORDERED by Judge Maryellen Noreika on 7/28/2021. (dlw) |
| Jul 23, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 134 and 135 have been replaced on the docket with updated versions. (dlw) |
| Jul 22, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [132] Letter - IT IS HEREBY ORDERED that the Court is setting aside 1.5 hours for the 8/19/2021 1:00 PM Markman hearing with the time split equally between the parties. The hearing will be in-person and held in Courtroom 4A. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing. The parties may, however, agree upon a different time to exchange their respective slides. ORDERED by Judge Maryellen Noreika on 7/22/2021. (dlw) |
| Jul 21, 2021 | 132 | Letter (1) Docket Text: Joint Letter to The Honorable Maryellen Noreika from Gregory R. Booker regarding Request to Present Testimony at the Claim Construction Hearing on August 19, 2021. (Booker, Gregory) |
| Jul 21, 2021 | 133 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Gregory R. Booker regarding Technology Tutorial. (Booker, Gregory) |
| Jul 21, 2021 | 134 | Joint Claim Construction Brief (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by Exela Pharma Sciences, LLC. (Booker, Gregory) (Main Document 134 replaced on 7/23/2021) (dlw). |
| Jul 21, 2021 | 135 | Appendix (30) Docket Text: Joint APPENDIX re [134] Joint Claim Construction Brief by Exela Pharma Sciences, LLC. (Booker, Gregory) (Main Document 135 replaced on 7/23/2021) (dlw). |
| Jul 21, 2021 | 136 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Timothy Devlin regarding technology tutorial (Plaintiff NOT submitting tutorial). (Devlin, Timothy) Modified on 7/22/2021 (dlw). |
| Jul 20, 2021 | 130 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Amended Redaction Log filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jul 20, 2021 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Telephonic Hearing on [112] MOTION to Extend the Scheduling Order: IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 7/29/2021 at 11:00 AM before Judge Maryellen Noreika. The Court is setting aside 30 minutes for this hearing with the time split equally between the parties. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 7/20/2021. (dlw) |
| Jul 19, 2021 | 129 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Exela Pharma Sciences LLC's Privilege Log; and (2) Exela Pharma Sciences LLC's Redaction Log filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jul 18, 2021 | 127 | Reply Brief (11) Docket Text: REPLY BRIEF re [112] MOTION to Extend the Scheduling Order filed by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Jul 18, 2021 | 128 | Main Document (3) Docket Text: DECLARATION of Neil A. Benchell re [127] Reply Brief by Eton Pharmaceuticals, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Devlin, Timothy) Modified on 7/20/2021 (dlw). |
| Jul 18, 2021 | 128 | Exhibit 1 (2) |
| Jul 18, 2021 | 128 | Exhibit 2 (6) |
| Jul 18, 2021 | 128 | Exhibit 3 (6) |
| Jul 18, 2021 | 128 | Exhibit 4 (5) |
| Jul 16, 2021 | 126 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Notice of Deposition of Danka Radosavljevic and Notice of Deposition of David Krempa filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jul 15, 2021 | 124 | Answering Brief in Opposition (14) Docket Text: ANSWERING BRIEF in Opposition re [112] MOTION to Extend the Scheduling Order filed by Exela Pharma Sciences, LLC.Reply Brief due date per Local Rules is 7/22/2021. (Booker, Gregory) |
| Jul 15, 2021 | 125 | Main Document (4) Docket Text: DECLARATION of Gregory R. Booker re [124] Answering Brief in Opposition by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W, # (24) Exhibit X, # (25) Exhibit Y)(Booker, Gregory) Modified on 7/20/2021 (dlw). |
| Jul 15, 2021 | 125 | Exhibit A (11) |
| Jul 15, 2021 | 125 | Exhibit B (3) |
| Jul 15, 2021 | 125 | Exhibit C (3) |
| Jul 15, 2021 | 125 | Exhibit D (5) |
| Jul 15, 2021 | 125 | Exhibit E (21) |
| Jul 15, 2021 | 125 | Exhibit F (3) |
| Jul 15, 2021 | 125 | Exhibit G (3) |
| Jul 15, 2021 | 125 | Exhibit H (6) |
| Jul 15, 2021 | 125 | Exhibit I (7) |
| Jul 15, 2021 | 125 | Exhibit J (16) |
| Jul 15, 2021 | 125 | Exhibit K (16) |
| Jul 15, 2021 | 125 | Exhibit L (18) |
| Jul 15, 2021 | 125 | Exhibit M (19) |
| Jul 15, 2021 | 125 | Exhibit N (21) |
| Jul 15, 2021 | 125 | Exhibit O (11) |
| Jul 15, 2021 | 125 | Exhibit P (3) |
| Jul 15, 2021 | 125 | Exhibit Q (5) |
| Jul 15, 2021 | 125 | Exhibit R (4) |
| Jul 15, 2021 | 125 | Exhibit S (3) |
| Jul 15, 2021 | 125 | Exhibit T (4) |
| Jul 15, 2021 | 125 | Exhibit U (2) |
| Jul 15, 2021 | 125 | Exhibit V (3) |
| Jul 15, 2021 | 125 | Exhibit W (4) |
| Jul 15, 2021 | 125 | Exhibit X (4) |
| Jul 15, 2021 | 125 | Exhibit Y (7) |
| Jul 14, 2021 | 123 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Defendant Eton Pharmaceuticals, Inc.s Sur-Reply Claim Construction Brief for Newly Added Patents; 2) Declaration of Neil A. Benchell in Support of Defendant Eton Pharmaceuticals, Inc.s Sur-Reply Claim Construction Brief for Newly Added Patents and accompanying exhibit filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jul 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [121] MOTION for Pro Hac Vice Appearance of Attorney Robert Kiddie filed by Eton Pharmaceuticals, Inc. Ordered by Judge Maryellen Noreika on 7/13/2021. (asw) |
| Jul 13, 2021 | 121 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Robert Kiddie - filed by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Jul 13, 2021 | 122 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Eton Pharmaceuticals, Inc.'s Notice of 30(b)(6) Deposition of Exela Pharma Sciences, LLC filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jul 9, 2021 | 119 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of John Maloney on July 22, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jul 9, 2021 | 120 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Phanesh Koneru on July 21, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jul 2, 2021 | 118 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Supplemental Identification of Accused Products and Asserted Patents filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jul 1, 2021 | 112 | Motion for Extension of Time (2) Docket Text: MOTION to Extend the Scheduling Order - filed by Eton Pharmaceuticals, Inc. (Devlin, Timothy) Modified on 7/1/2021 (dlw). |
| Jul 1, 2021 | 113 | Opening Brief in Support (9) Docket Text: OPENING BRIEF in Support re [112] MOTION to Extend the Scheduling Order filed by Eton Pharmaceuticals, Inc. Answering Brief/Response due date per Local Rules is 7/15/2021. (Devlin, Timothy) Modified on 7/1/2021 (dlw). |
| Jul 1, 2021 | 114 | Main Document (3) Docket Text: DECLARATION of Neil A. Benchell re [113] Opening Brief in Support by Eton Pharmaceuticals, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Devlin, Timothy) Modified on 7/1/2021 (dlw). |
| Jul 1, 2021 | 114 | Exhibit 1 (4) |
| Jul 1, 2021 | 114 | Exhibit 2 (4) |
| Jul 1, 2021 | 114 | Exhibit 3 (3) |
| Jul 1, 2021 | 114 | Exhibit 4 (3) |
| Jul 1, 2021 | 115 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Eton Pharmaceuticals, Inc.s Amended Initial Invalidity Contentions filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jul 1, 2021 | 116 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Eton Pharmaceuticals, Inc.s Objections and Responses to Plaintiff Exela Pharma Sciences, LLCs Second Set of Interrogatories (No. 10) filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jul 1, 2021 | 117 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Supplemental Reply Claim Construction Brief; Declaration of Dr. Dennis Jenke in Support of Plaintiff's Supplemental Reply Claim Construction Brief and Exhibit T; Plaintiff Exela Pharma Sciences, LLC's Third Set of Interrogatories to Defendant Eton Pharmaceuticals, Inc. (Nos. 11-15); and Plaintiff Exela Pharma Sciences, LLC's First Set of Requests for Admission to Defendant Eton Pharmaceuticals, Inc. (Nos. 1-21) filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jun 29, 2021 | 107 | Notice to Take Deposition (1) Docket Text: NOTICE to Take Deposition of Aruna Koganti on July 21, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jun 29, 2021 | 108 | Notice to Take Deposition (8) Docket Text: NOTICE to Take Deposition of Exela Pharma Sciences, LLC pursuant to Federal Rule of Civil Procedure 26 and 30(b)(6) on July 20, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jun 29, 2021 | 109 | Notice to Take Deposition (1) Docket Text: NOTICE to Take Deposition of John Maloney on July 28, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jun 29, 2021 | 110 | Notice to Take Deposition (1) Docket Text: NOTICE to Take Deposition of Phanesh Koneru on July 27, 2021 filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jun 29, 2021 | 111 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Eton Pharmaceuticals, Inc.'s Fourth Set of Interrogatories filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jun 28, 2021 | 106 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Notice of Deposition of David Krempa filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jun 21, 2021 | 105 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena on Camargo Pharmaceutical Services, LLC, Subpoena to Testify at a Deposition in a Civil Action, and Exhibits A-C filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jun 17, 2021 | 104 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Notice of Deposition of Adine Ayarzagoitia, Sean Brynjelsen, Bharathi Devarakonda, and Danka Radosavljevic filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jun 14, 2021 | 103 | Redacted Document (12) Docket Text: REDACTED VERSION of [98] Reply Brief by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Jun 8, 2021 | 102 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Exela Pharma Sciences, LLC re [78] MOTION to Dismiss Counts VIII-XVI of Plaintiff's Second Amended Complaint for Failure to State a Claim. (Booker, Gregory) |
| Jun 7, 2021 | 101 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dr. Steven W. Baertschi, Ph.D. on June 11, 2021 filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Jun 4, 2021 | 100 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Eton Pharmaceuticals, Inc.s Amended Objections and Responses to Plaintiff Exela Pharma Sciences, LLCs First Set of Interrogatories (Int. Nos. 3 and 6) filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jun 3, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 98 has been placed UNDER SEAL at the request of counsel. (dlw) |
| Jun 3, 2021 | 99 | Notice (Other) (9) Docket Text: NOTICE of Rule 30(b)(6) Deposition of Eton Pharmaceuticals, Inc. by Exela Pharma Sciences, LLC (Booker, Gregory) |
| Jun 1, 2021 | 97 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Second Set of Interrogatories to Defendant Eton Pharmaceuticals, Inc. (No. 10) filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| May 27, 2021 | 96 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Warren Johnson on June 16, 2021 filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| May 26, 2021 | 94 | Redacted Document (25) Docket Text: REDACTED VERSION of [90] Answering Brief in Opposition, by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| May 26, 2021 | 95 | Main Document (2) Docket Text: REDACTED VERSION of [91] Declaration by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A)(Booker, Gregory) Modified on 5/26/2021 (dlw). |
| May 26, 2021 | 95 | Exhibit A (1) |
| May 25, 2021 | 93 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Objections and Responses to Eton Pharmaceuticals, Inc.'s Third Set of Interrogatories (Nos. 8-13); and Plaintiff Exela Pharma Sciences, LLC's Objections and Responses to Eton Pharmaceuticals, Inc.'s Second Set of Requests for Production (Nos. 68-96) filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| May 19, 2021 | 92 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Supplemental Opening Claim Construction Brief, Declaration of Gregory R. Booker in Support of Plaintiff's Supplemental Opening Claim Construction Brief and Exhibit S filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| May 10, 2021 | N/A | Set/Reset Scheduling Order Deadlines (0) Docket Text: ORAL ORDER RESETTING Scheduling Order Deadlines: Claim Construction Supplemental Opening Brief served by 5/19/2021. Claim Construction Supplemental Answering Brief served by 6/2/2021. Claim Construction Supplemental Reply Brief served by 6/30/2021. Claim Construction Supplemental Sur-Reply Brief served by 7/14/2021. Joint Claim Construction Brief filed by 7/21/2021. The Markman Hearing is RESET for 8/19/2021 at 01:00 PM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 5/10/2021. (dlw) |
| May 10, 2021 | 88 | Redacted Document (13) Docket Text: REDACTED VERSION of [79] Opening Brief in Support, by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| May 10, 2021 | 89 | Main Document (55) Docket Text: REDACTED VERSION of [81] Exhibit to a Document by Eton Pharmaceuticals, Inc. (Attachments: # (1) Exhibit 3, # (2) Exhibit 4)(Devlin, Timothy) Modified on 5/10/2021 (dlw). |
| May 10, 2021 | 89 | Exhibit 3 (1) |
| May 10, 2021 | 89 | Exhibit 4 (1) |
| May 7, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [85] Joint STIPULATION TO EXTEND TIME to substantially complete document production to June 1, 2021. ORDERED by Judge Maryellen Noreika on 5/7/2021. (dlw) |
| May 7, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [87] STIPULATION TO EXTEND TIME for (1) Plaintiff to respond to Defendant's Rule 12(b)(6) Motion to Dismiss Counts VIII-XVI of Plaintiff's Second Amended Complaint (D.I. 78) and (2) Defendant to reply to (1) May 19, 2021 and (2) June 2, 2021 (Set Briefing Schedule: re [78] MOTION to Dismiss Counts VIII-XVI of Plaintiff's Second Amended Complaint for Failure to State a Claim - Answering Brief due 5/19/2021. Reply Brief due 6/2/2021). ORDERED by Judge Maryellen Noreika on 5/7/2021. (dlw) |
| May 7, 2021 | 86 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Third Party AL Pharma, Inc.'s Objections and Responses to Plaintiff Exela Pharma Sciences, LLC's Rule 45 Subpoena filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| May 7, 2021 | 87 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for (1) Plaintiff to respond to Defendant's Rule 12(b)(6) Motion to Dismiss Counts VIII-XVI of Plaintiff's Second Amended Complaint (D.I. 78) and (2) Defendant to reply to (1) May 19, 2021 and (2) June 2, 2021 - filed by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| May 6, 2021 | 85 | Stipulation to EXTEND Time (1) Docket Text: Joint STIPULATION TO EXTEND TIME to substantially complete document production to June 1, 2021 - filed by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| May 5, 2021 | 83 | Claim Construction Chart (9) Docket Text: CLAIM Construction Chart by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| May 5, 2021 | 84 | Main Document (3) Docket Text: Joint APPENDIX re [83] Claim Construction Chart by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibits A-F)(Booker, Gregory) |
| May 5, 2021 | 84 | Exhibits A-F (269) |
| Apr 30, 2021 | 82 | Transcript (11) Docket Text: Official Transcript of Motion to Amend (Remote) held on 4/12/21 before Judge Maryellen Noreika. Court Reporter Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/21/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/29/2021. (Triozzi, Heather) |
| Apr 28, 2021 | 78 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss Counts VIII-XVI of [70] Plaintiff's Second Amended Complaint for Failure to State a Claim - filed by Eton Pharmaceuticals, Inc. (Devlin, Timothy) Modified on 4/29/2021 (dlw). |
| Apr 28, 2021 | 80 | Main Document (3) Docket Text: DECLARATION of Neil A. Benchell re [79] Opening Brief in Support by Eton Pharmaceuticals, Inc. (Attachments: # (1) Exhibit 1)(Devlin, Timothy) Modified on 4/29/2021 (dlw). |
| Apr 28, 2021 | 80 | Exhibit 1 (3) |
| Apr 27, 2021 | 77 | Order (2) Docket Text: ORDER REGARDING CLAIM CONSTRUCTION DEADLINES re [75] Letter. SEE ORDER FOR COMPLETE DETAILS. After the parties' 5/5/2021, Amended Joint Claim Chart submission, the Court will officially reset the Claim Construction Deadlines, if necessary, as set forth herein. Signed by Judge Maryellen Noreika on 4/27/2021. (dlw) |
| Apr 26, 2021 | 76 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Objections and Responses to Eton Pharmaceuticals, Inc.'s Second Set of Interrogatories (Nos. 2-7) and Plaintiff Exela Pharma Sciences, LLC's Supplemental Objections and Responses to Eton Pharmaceuticals, Inc.'s First Set of Interrogatories (No. 1) filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Apr 23, 2021 | 75 | Main Document (1) Docket Text: Letter to The Honorable Maryellen Noreika from Gregory R. Booker regarding Joint Revised Claim Construction Schedule Proposal. (Attachments: # (1) Revised Claim Construction Schedule)(Booker, Gregory) |
| Apr 23, 2021 | 75 | Revised Claim Construction Schedule (1) |
| Apr 22, 2021 | 74 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Eton Pharmaceuticals, Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 68-96); and (2) Defendant Eton Pharmaceuticals, Inc.'s Third Set of Interrogatories filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Apr 21, 2021 | 73 | Main Document (52) Docket Text: REDACTED VERSION of [70] Amended Complaint by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I)(Booker, Gregory) Modified on 4/21/2021 (dlw). |
| Apr 21, 2021 | 73 | Exhibit A (4) |
| Apr 21, 2021 | 73 | Exhibit B (10) |
| Apr 21, 2021 | 73 | Exhibit C (44) |
| Apr 21, 2021 | 73 | Exhibit D (43) |
| Apr 21, 2021 | 73 | Exhibit E (43) |
| Apr 21, 2021 | 73 | Exhibit F (47) |
| Apr 21, 2021 | 73 | Exhibit G (46) |
| Apr 21, 2021 | 73 | Exhibit H (46) |
| Apr 21, 2021 | 73 | Exhibit I (1) |
| Apr 21, 2021 | 73 | Amended Complaint* (1) |
| Apr 16, 2021 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant's Sur-Reply Claim Construction Brief filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Apr 15, 2021 | 71 | Patent/Trademark Report to Commissioner (1) Docket Text: UPDATED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,478,453; 10,583,155; 10,653,719; 10,905,713; 10,912,795; 10,933,089. (dlw) |
| Apr 12, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference re Motion to Amend Complaint, Letters ([67], [69]) held on 4/12/2021. The Motion to Amend Complaint is GRANTED. The transcript shall serve as the court's ruling. (Court Reporter: Dale Hawkins.) (asw) |
| Apr 7, 2021 | 68 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Second Amended Objections and Responses to Plaintiff's First Set of Individual Interrogatories filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Apr 7, 2021 | 69 | Letter (3) Docket Text: Letter to The Honorable Maryellen Noreika from Timothy Devlin regarding Plaintiff's Motion for Leave to Amend the Complaint - re [67] Letter, [14] Amended Complaint, [1] Complaint, [12] Stipulation. (Devlin, Timothy) |
| Apr 6, 2021 | 67 | Main Document (4) Docket Text: Letter to The Honorable Maryellen Noreika from Gregory R. Booker regarding Plaintiff's Letter Brief regarding Motion for Leave to Amend the Complaint - re [22] Scheduling Order,,,,. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8)(Booker, Gregory) |
| Apr 6, 2021 | 67 | Exhibit 1 (52) |
| Apr 6, 2021 | 67 | Exhibit 2 (54) |
| Apr 6, 2021 | 67 | Exhibit 3 (3) |
| Apr 6, 2021 | 67 | Exhibit 4 (30) |
| Apr 6, 2021 | 67 | Exhibit 5 (21) |
| Apr 6, 2021 | 67 | Exhibit 6 (20) |
| Apr 6, 2021 | 67 | Exhibit 7 (22) |
| Apr 6, 2021 | 67 | Exhibit 8 (6) |
| Apr 2, 2021 | 66 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Reply Claim Construction Brief filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Mar 31, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [65] STIPULATION TO EXTEND TIME for the Substantial Completion of Document Production to May 7, 2021. ORDERED by Judge Maryellen Noreika on 3/31/2021. (dlw) |
| Mar 30, 2021 | 65 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the Substantial Completion of Document Production to May 7, 2021 - filed by Exela Pharma Sciences, LLC. (Booker, Gregory) |
| Mar 17, 2021 | 64 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Notice of Subpoena on AL Pharma Inc., Subpoena to Testify at a Deposition in a Civil Action, and Exhibits A-B; and Notice of Subpoena on OKC Allergy Supplies, Inc., Subpoena to Testify at a Deposition in a Civil Action, and Exhibits A-B filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Mar 11, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [63] MOTION for Pro Hac Vice Appearance of Attorney Stephanie Berger filed by Eton Pharmaceuticals, Inc. ORDERED by Judge Maryellen Noreika on 3/11/2021. (dlw) |
| Mar 11, 2021 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: Having been advised by Plaintiff that it anticipates seeking leave to amend its complaint, a teleconference is set for 4/12/2021 at 12:30 PM before Judge Maryellen Noreika. Plaintiff's opening letter (not to exceed 3 pages) is due on or before 4/6/2021 and shall attach a redlined version of the proposed amended complaint. Defendant's answering letter (not to exceed 3 pages) is due on or before 4/7/2021. Counsel shall provide a teleconference dial-in number for the call by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 3/11/2021. (dlw) |
| Mar 11, 2021 | 63 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Stephanie Berger - filed by Eton Pharmaceuticals, Inc.. (Devlin, Timothy) |
| Feb 26, 2021 | 61 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiff's Opening Claim Construction Brief; (2) Declaration of Gregory R. Booker in Support of Plaintiff's Opening Claim Construction Brief with Exhibits D-R filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Feb 25, 2021 | 60 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Amended Objections and Responses to Eton Pharmaceuticals, Inc.'s First Set of Requests for Production (No. 40) filed by Exela Pharma Sciences, LLC.(Booker, Gregory) |
| Feb 12, 2021 | 59 | Main Document (5) Docket Text: JOINT CLAIM Construction Chart by Exela Pharma Sciences, LLC. (Attachments: # (1) Appendix, # (2) Exhibits A-C)(Booker, Gregory) Modified on 2/12/2021 (dlw). |
| Feb 12, 2021 | 59 | Appendix (3) |
| Feb 12, 2021 | 59 | Exhibits A-C (130) |
| Feb 11, 2021 | 58 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Gregory Robert Booker on behalf of Exela Pharma Sciences, LLC (Booker, Gregory) |
| Feb 4, 2021 | 57 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendant Eton Pharmaceuticals, Inc.'s Amended Objections and Responses to Plaintiff Ecxela Pharma Sciences, LLC's First Set of Interrogatories; and (2) Defendant Eton Pharmaceuticals, Inc.'s Amended Objections and Responses to Plaintiff Excela Pharma Sciences, LLC's First and Second Set of Requests for Production filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jan 29, 2021 | 56 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant's Proposed Claim Constructions filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Jan 12, 2021 | 55 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Peter Akawie Mazur on behalf of Eton Pharmaceuticals, Inc. (Mazur, Peter) |
| Jan 8, 2021 | 54 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Eton Pharmaceutical, Inc.s Initial Invalidity Contentions; and (2) Defendant Eton Pharmaceutical, Inc.s Amended Objections and Responses to Plaintiff Exela Pharma Sciences, LLCs First Set of Interrogatories (No. 1) filed by Eton Pharmaceuticals, Inc..(Devlin, Timothy) |
| Dec 28, 2020 | 53 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of the Appearances of Ralph Gabric, Laura B. Miller, and Judy K. He of Haynes & Boone LLP and Kelly E. Farnan and Valerie A. Caras of Richards, Layton & Finger, P.A. by Eton Pharmaceuticals, Inc. (Farnan, Kelly) |
| Dec 10, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [51] MOTION for Pro Hac Vice Appearance of Attorney Neil A. Benchell filed by Eton Pharmaceuticals, Inc. ORDERED by Judge Maryellen Noreika on 12/10/2020. (dlw) |
| Dec 10, 2020 | 51 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Neil A. Benchell - filed by Eton Pharmaceuticals, Inc.. (Farnan, Kelly) |
| Dec 10, 2020 | 52 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Timothy Devlin on behalf of Eton Pharmaceuticals, Inc. (Devlin, Timothy) |
| Dec 7, 2020 | 50 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Eton Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff Exela Pharma Sciences, LLC's Second Set of Requests for Production (Nos. 42-72) filed by Eton Pharmaceuticals, Inc..(Farnan, Kelly) |
| Nov 23, 2020 | 49 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Initial Infringement Contentions and Claim Charts filed by Exela Pharma Sciences, LLC.(Oakes, Robert) |
| Nov 18, 2020 | 47 | Main Document (1) Docket Text: Letter to The Honorable Maryellen Noreika from Robert M. Oakes regarding Notice of Subsequent Authority - re [32] MOTION to Stay Pending Post-Grant Proceedings. (Attachments: # (1) Institution Decision)(Oakes, Robert) |
| Nov 18, 2020 | 47 | Institution Decision (24) |
| Nov 18, 2020 | 48 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Kelly E. Farnan regarding the status of the Patent Trial and Appeal Board proceedings - re [32] MOTION to Stay Pending Post-Grant Proceedings. (Farnan, Kelly) |
| Nov 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [46] MOTION for Pro Hac Vice Appearance of Attorney Satish Chintapalli and C. Edward Polk, Jr. filed by Exela Pharma Sciences, LLC. ORDERED by Judge Maryellen Noreika on 11/13/2020. (dlw) |
| Nov 13, 2020 | 46 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Satish Chintapalli and C. Edward Polk, Jr. - filed by Exela Pharma Sciences, LLC. (Oakes, Robert) |
| Nov 12, 2020 | 45 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Exela Pharma Sciences, LLC re [32] MOTION to Stay Pending Post-Grant Proceedings. (Oakes, Robert) |
| Nov 9, 2020 | 44 | Main Document (2) Docket Text: NOTICE of Subpoena to Sandoz Inc. by Exela Pharma Sciences, LLC (Attachments: # (1) Exhibit 1)(Oakes, Robert) |
| Nov 9, 2020 | 44 | Exhibit 1 (36) |
| Nov 6, 2020 | 42 | Reply Brief (15) Docket Text: REPLY BRIEF re [32] MOTION to Stay Pending Post-Grant Proceedings filed by Eton Pharmaceuticals, Inc.. (Farnan, Kelly) |
| Nov 6, 2020 | 43 | Main Document (2) Docket Text: Second DECLARATION of Judy K. He re [32] MOTION to Stay Pending Post-Grant Proceedings by Eton Pharmaceuticals, Inc. (Attachments: # (1) Exhibit L-P)(Farnan, Kelly) Modified on 11/6/2020 (dlw). |
| Nov 6, 2020 | 43 | Exhibit L-P (53) |
| Nov 2, 2020 | 40 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Second Set of Requests for Production to Defendant Eton Pharmaceuticals, Inc. (Nos. 42-72) filed by Exela Pharma Sciences, LLC.(Oakes, Robert) |
| Nov 2, 2020 | 41 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Eton Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff Exela Pharma Sciences, LLC's First Set of Interrogatories (Nos. 1-9) filed by Eton Pharmaceuticals, Inc..(Farnan, Kelly) |
| Oct 27, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [39] STIPULATION TO EXTEND TIME for Defendant Eton Pharmaceuticals, Inc. to file a reply brief in support of its Motion to Stay Pending Post-Grant Proceedings to November 6, 2020 (Set Briefing Schedule: re [32] MOTION to Stay Pending Post-Grant Proceedings - Reply Brief due 11/6/2020). ORDERED by Judge Maryellen Noreika on 10/27/2020. (dlw) |
| Oct 26, 2020 | 39 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Defendant Eton Pharmaceuticals, Inc. to file a reply brief in support of its Motion to Stay Pending Post-Grant Proceedings to November 6, 2020 - filed by Eton Pharmaceuticals, Inc.. (Farnan, Kelly) |
| Oct 23, 2020 | 37 | Answering Brief in Opposition (26) Docket Text: ANSWERING BRIEF in Opposition re [32] MOTION to Stay Pending Post-Grant Proceedings filed by Exela Pharma Sciences, LLC.Reply Brief due date per Local Rules is 10/30/2020. (Oakes, Robert) |
| Oct 23, 2020 | 38 | Main Document (2) Docket Text: DECLARATION of Elizabeth M. Flanagan re [37] Answering Brief in Opposition by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Oakes, Robert) Modified on 10/26/2020 (dlw). |
| Oct 23, 2020 | 38 | Exhibit A (4) |
| Oct 23, 2020 | 38 | Exhibit B (76) |
| Oct 23, 2020 | 38 | Exhibit C (68) |
| Oct 23, 2020 | 38 | Exhibit D (2) |
| Oct 23, 2020 | 38 | Exhibit E (3) |
| Oct 22, 2020 | 36 | Main Document (1) Docket Text: NOTICE of Subpoena to Sandoz, Inc. by Eton Pharmaceuticals, Inc. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Oct 22, 2020 | 36 | Exhibit 1 (33) |
| Oct 5, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [35] STIPULATION TO EXTEND TIME for Plaintiff to file its Response to Defendant's Motion to Stay Pending Post-Grant Proceedings (D.I. 32) to October 23, 2020 (Set Briefing Schedule: re [32] MOTION to Stay Pending Post-Grant Proceedings - Answering Brief due 10/23/2020). ORDERED by Judge Maryellen Noreika on 10/5/2020. (dlw) |
| Oct 5, 2020 | 35 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to file its Response to Defendant's Motion to Stay Pending Post-Grant Proceedings (D.I. 32) to October 23, 2020 - filed by Exela Pharma Sciences, LLC. (Oakes, Robert) |
| Oct 2, 2020 | 32 | Main Document (1) Docket Text: MOTION to Stay Pending Post-Grant Proceedings - filed by Eton Pharmaceuticals, Inc. (Attachments: # (1) Text of Proposed Order, # (2) Certification Pursuant to D. Del. Local Rule 7.1.1.)(Farnan, Kelly) Modified on 10/5/2020 (dlw). |
| Oct 2, 2020 | 32 | Text of Proposed Order (1) |
| Oct 2, 2020 | 32 | Certification Pursuant to D. Del. Local Rule 7.1.1. (1) |
| Oct 2, 2020 | 33 | Opening Brief in Support (16) Docket Text: OPENING BRIEF in Support re [32] MOTION to Stay Pending Post-Grant Proceedings filed by Eton Pharmaceuticals, Inc. Answering Brief/Response due date per Local Rules is 10/16/2020. (Farnan, Kelly) Modified on 10/5/2020 (dlw). |
| Oct 2, 2020 | 34 | Main Document (3) Docket Text: DECLARATION of Judy K. He re [32] MOTION to Stay Pending Post-Grant Proceedings by Eton Pharmaceuticals, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K)(Farnan, Kelly) Modified on 10/5/2020 (dlw). |
| Oct 2, 2020 | 34 | Exhibit A (3) |
| Oct 2, 2020 | 34 | Exhibit B (90) |
| Oct 2, 2020 | 34 | Exhibit C (93) |
| Oct 2, 2020 | 34 | Exhibit D (3) |
| Oct 2, 2020 | 34 | Exhibit E (73) |
| Oct 2, 2020 | 34 | Exhibit F (5) |
| Oct 2, 2020 | 34 | Exhibit G (6) |
| Oct 2, 2020 | 34 | Exhibit H (4) |
| Oct 2, 2020 | 34 | Exhibit I (5) |
| Oct 2, 2020 | 34 | Exhibit J (2) |
| Oct 2, 2020 | 34 | Exhibit K (4) |
| Oct 1, 2020 | 31 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's First Set of Interrogatories to Defendant Eton Pharmaceuticals, Inc. (Nos. 1-9) filed by Exela Pharma Sciences, LLC.(Oakes, Robert) |
| Sep 25, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 29 has been replaced on the docket with a version that contains signature blocks/signatures. (dlw) |
| Sep 25, 2020 | 29 | Proposed Order (21) Docket Text: PROPOSED ORDER // Stipulated Protective Order by Exela Pharma Sciences, LLC. (Oakes, Robert) Modified on 9/25/2020 (dlw). (Main Document 29 replaced on 9/25/2020) (dlw). |
| Sep 25, 2020 | 30 | Protective Order (21) Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 9/25/2020. (dlw) |
| Sep 18, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [28] STIPULATION TO EXTEND TIME for the parties to submit a [Proposed] Protective Order to September 25, 2020. ORDERED by Judge Maryellen Noreika on 9/18/2020. (dlw) |
| Sep 17, 2020 | 28 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME regarding [Proposed] Protective Order to September 25, 2020 - filed by Exela Pharma Sciences, LLC. (Oakes, Robert) |
| Sep 16, 2020 | 27 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Objections and Responses to Eton Pharmaceuticals, Inc.'s First Set of Interrogatories (No.1) and Plaintiff Exela Pharma Sciences, LLC's Objections and Responses to Eton Pharmaceuticals, Inc's First Set of Requests for Production (Nos. 1-67) filed by Exela Pharma Sciences, LLC.(Oakes, Robert) |
| Sep 8, 2020 | 26 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Eton Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff Exela Pharma Sciences, LLC's First Set of Requests for Production (Nos. 1-41) filed by Eton Pharmaceuticals, Inc..(Farnan, Kelly) |
| Sep 4, 2020 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Eton Pharmaceuticals, Inc.'s Initial Disclosures Under Paragraph 3 and (2) Eton Pharmaceuticals, Inc.'s Initial Disclosures filed by Eton Pharmaceuticals, Inc..(Farnan, Kelly) |
| Sep 4, 2020 | 25 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's Initial Disclosures, Initial E-Discovery Disclosures and Initial Identification of Accused Products and Asserted Patents filed by Exela Pharma Sciences, LLC.(Oakes, Robert) |
| Aug 26, 2020 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke 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 https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
| Aug 26, 2020 | 22 | Scheduling Order (13) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 5/21/2021. Amended Pleadings due by 5/21/2021. Fact Discovery completed by 7/30/2021. Opening Expert Reports due by 8/13/2021. Rebuttal Expert Reports due by 9/10/2021. Reply Expert Reports due by 10/8/2021. Expert Discovery due by 11/5/2021. Daubert Motions due by 11/19/2021. Answering Brief due 12/10/2021. Reply Brief due 12/23/2021. Claim Construction Opening Brief served by 2/26/2021. Claim Construction Answering Brief served by 3/12/2021. Claim Construction Reply Brief served by 4/2/2021. Claim Construction Surreply Brief served by 4/16/2021. Joint Claim Construction Brief filed by 4/23/2021. A Markman Hearing is set for 6/2/2021 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 2/28/2022 at 01:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Bench Trial is set for 3/7/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 8/26/2020. (dlw) |
| Aug 26, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 8/26/2020. (dlb) |
| Aug 21, 2020 | 21 | Main Document (1) Docket Text: Letter to The Honorable Maryellen Noreika from Robert M. Oakes regarding Proposed Scheduling Order - re [11] Oral Order,,. (Attachments: # (1) Text of Proposed Order Proposed Scheduling Order)(Oakes, Robert) |
| Aug 21, 2020 | 21 | Text of Proposed Order Proposed Scheduling Order (13) |
| Aug 11, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Christina D. Brown-Marshall, Deanna J. Reichel, Jonathan E. Singer, and Corrin N. Drakulich for Exela Pharma Sciences, 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) |
| Aug 11, 2020 | 20 | Answer to Amended Complaint (29) Docket Text: ANSWER to Amended Complaint, re: [14] Amended Complaint with Jury Demand by Eton Pharmaceuticals, Inc..(Farnan, Kelly) |
| Aug 10, 2020 | 19 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Eton Pharmaceuticals, Inc.s First Set of Interrogatories (No. 1) and (2) Eton Pharmaceuticals, Inc.s First Set of Requests for Production of Documents and Things (Nos. 1-67) filed by Eton Pharmaceuticals, Inc..(Farnan, Kelly) |
| Aug 6, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [18] MOTION for Pro Hac Vice Appearance of Attorney Christina D. Brown-Marshall filed by Exela Pharma Sciences, LLC. Ordered by Judge Maryellen Noreika on 8/6/2020. (asw) |
| Aug 5, 2020 | 18 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Christina D. Brown-Marshall - filed by Exela Pharma Sciences, LLC. (Oakes, Robert) |
| Jul 31, 2020 | 17 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff Exela Pharma Sciences, LLC's First Set of Requests for Production of Defendant Eton Pharmaceuticals, Inc. (Nos. 1-41) filed by Exela Pharma Sciences, LLC.(Oakes, Robert) |
| Jul 28, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [12] Stipulation and Order to Allow Plaintiff to File an Amended Complaint. ORDERED by Judge Maryellen Noreika on 7/28/2020. (dlw) |
| Jul 28, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [16] MOTION for Pro Hac Vice Appearance of Attorney Jonathan E. Singer, Corrin N. Drakulich, and Deanna J. Reichel filed by Exela Pharma Sciences, LLC. ORDERED by Judge Maryellen Noreika on 7/28/2020. (dlw) |
| Jul 28, 2020 | 12 | Main Document (3) Docket Text: STIPULATION and [Proposed] Order to Allow Plaintiff to File an Amended Complaint by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2 - Redline Comparison)(Oakes, Robert) Modified on 7/28/2020 (dlw). |
| Jul 28, 2020 | 12 | Exhibit 1 (184) |
| Jul 28, 2020 | 12 | Exhibit 2 (40) |
| Jul 28, 2020 | 13 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,653,719 . (Oakes, Robert) |
| Jul 28, 2020 | 14 | Main Document (39) Docket Text: AMENDED COMPLAINT against Eton Pharmaceuticals, Inc.- filed by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A - E)(dlw) |
| Jul 28, 2020 | 14 | Exhibit A - E (144) |
| Jul 28, 2020 | 15 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Elizabeth M. Flanagan on behalf of Exela Pharma Sciences, LLC (Flanagan, Elizabeth) |
| Jul 28, 2020 | 16 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jonathan E. Singer, Corrin N. Drakulich, and Deanna J. Reichel - filed by Exela Pharma Sciences, LLC. (Oakes, Robert) |
| Jul 28, 2020 | 14 | Amended Complaint* (1) |
| Jul 21, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Ralph J. Gabric for Eton Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Jul 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than August 21, 2020. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 7/15/2020. (dlw) |
| May 11, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Laura B. Miller and Judy K. He for Eton Pharmaceuticals, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| May 8, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [10] MOTION for Pro Hac Vice Appearance of Attorney Ralph J. Gabric, Laura B. Miller and Judy K. He filed by Eton Pharmaceuticals, Inc. ORDERED by Judge Maryellen Noreika on 5/8/2020. (dlw) |
| May 8, 2020 | 10 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ralph J. Gabric, Laura B. Miller and Judy K. He - filed by Eton Pharmaceuticals, Inc.. (Farnan, Kelly) |
| May 6, 2020 | 8 | Answer to Complaint (24) Docket Text: ANSWER to [1] Complaint, with Jury Demand by Eton Pharmaceuticals, Inc..(Farnan, Kelly) |
| May 6, 2020 | 9 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Harrow Health, Inc. for Eton Pharmaceuticals, Inc. filed by Eton Pharmaceuticals, Inc.. (Farnan, Kelly) |
| Apr 3, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [7] STIPULATION TO EXTEND TIME to ANSWER Complaint to May 6, 2020 (Set/Reset Answer Deadlines: Eton Pharmaceuticals, Inc. answer due 5/6/2020). ORDERED by Judge Maryellen Noreika on 4/3/2020. (dlw) |
| Apr 3, 2020 | 7 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to ANSWER Complaint to May 6, 2020 - filed by Exela Pharma Sciences, LLC. (Oakes, Robert) |
| Mar 18, 2020 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Mar 17, 2020 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Exela Pharma Sciences, LLC. Eton Pharmaceuticals, Inc. served on 3/16/2020, answer due 4/6/2020. (Oakes, Robert) |
| Mar 16, 2020 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Eton Pharmaceuticals, Inc. on 3/16/2020. 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. (sam) |
| Mar 16, 2020 | 1 | Main Document (33) Docket Text: COMPLAINT filed against Eton Pharmaceuticals, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2877909.) - filed by Exela Pharma Sciences, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(sam) |
| Mar 16, 2020 | 1 | Exhibit A (4) |
| Mar 16, 2020 | 1 | Exhibit B (10) |
| Mar 16, 2020 | 1 | Exhibit C (44) |
| Mar 16, 2020 | 1 | Exhibit D (43) |
| Mar 16, 2020 | 1 | Civil Cover Sheet (2) |
| Mar 16, 2020 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam) |
| Mar 16, 2020 | 3 | ANDA Form (1) Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 02/03/2020. Date of Expiration of Patent: 01/15/2039.Thirty Month Stay Deadline: 8/3/2022. (sam) |
| Mar 16, 2020 | 4 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,478,453 ;10,583,155. (sam) |
| Mar 16, 2020 | 5 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Exela PharmSci, Inc., Corporate Parent Exela Holdings, Inc., Corporate Parent Exela PharmSci Private Limited. for Exela Pharma Sciences, LLC filed by Exela Pharma Sciences, LLC. (sam) |
| Mar 16, 2020 | 1 | Complaint* (1) |
