Case number 1:19-cv-02017
Exelixis, Inc. v. MSN Laboratories Private Limited et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 18, 2023 | 334 | ACKNOWLEDGMENT OF RECEIPT of Trial Exhibits for Plaintiff and Defendants (see Exhibit List at D.I. 310 ) by Parcels. (nms) (Entered: 04/18/2023) (1) |
| Apr 17, 2023 | 333 | Letter to Mr. Raucci and Mr. Gattuso, dated 4/17/2023, from the Clerk of Court, regarding the return/disposal of trial exhibits (see Exhibit List at D.I. 310 ). (nms) (Entered: 04/17/2023) (1) |
| Jan 30, 2023 | 330 | PROPOSED Final Judgment, by Exelixis, Inc.. (Attachments: # 1 Letter)(Raucci, Anthony) Modified on 1/30/2023 (nms). (Entered: 01/30/2023) (Main Document) (4) |
| Jan 30, 2023 | 331 | FINAL JUDGMENT (see Judgment for further details) (CASE CLOSED). Signed by Judge Richard G. Andrews on 1/302/2023. (nms) (Entered: 01/30/2023) (4) |
| Jan 30, 2023 | 332 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s): 8,877,776 B2; US 9,809,549 B2. (Attachments: # 1 Final Judgment)(nms) (Entered: 01/30/2023) (Main Document) (1) |
| Jan 30, 2023 | 330 | PROPOSED Final Judgment, by Exelixis, Inc.. (Attachments: # 1 Letter)(Raucci, Anthony) Modified on 1/30/2023 (nms). (Entered: 01/30/2023) (Cover Letter) (1) |
| Jan 30, 2023 | 332 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s): 8,877,776 B2; US 9,809,549 B2. (Attachments: # 1 Final Judgment)(nms) (Entered: 01/30/2023) (Final Judgment) (4) |
| Jan 26, 2023 | 328 | STIPULATION and Proposed Order to extend time to submit a proposed final judgment to January 30, 2023 - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 1/26/2023 (nms). (Entered: 01/26/2023) (1) |
| Jan 26, 2023 | 329 | SO ORDERED, re 328 STIPULATION and Proposed Order to extend time to submit a proposed final judgment to January 30, 2023. Signed by Judge Richard G. Andrews on 1/26/2023. (nms) (Entered: 01/26/2023) (1) |
| Jan 19, 2023 | 327 | TRIAL OPINION: MSN failed to prove by clear and convincing evidence that claims 5 of the '473 patent is invalid as obvious. Exelixis failed to prove by a preponderance of the evidence that MSN will infringe claim 1 of the '776 patent. The parties shall submit a final judgment consistent with this memorandum opinion withinone week. Signed by Judge Richard G. Andrews on 1/19/2023. (nms) (Entered: 01/19/2023) (32) |
| Sep 13, 2022 | 326 | NOTICE requesting Clerk to remove Stephanie Neely as co-counsel. Reason for request: No longer with firm. (Blumenfeld, Jack) (Entered: 09/13/2022) (2) |
| Aug 26, 2022 | 325 | NOTICE requesting Clerk to remove Noorossadat Torabi of Winston & Strawn LLP as co-counsel. Reason for request: No Longer with Firm. (Gattuso, Dominick) (Entered: 08/26/2022) (2) |
| Aug 10, 2022 | 324 | Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., regarding two USB drives containing the searchable, hyperlinked versions of post-trial documents. (Gattuso, Dominick) Modified on 8/10/2022 (nms). (Entered: 08/10/2022) (1) |
| Aug 9, 2022 | 323 | Letter to The Honorable Richard G. Andrews from Anthony D. Raucci regarding Plaintiff's Hyperlinked Post Trial Briefs and Findings of Fact. (Raucci, Anthony) (Entered: 08/09/2022) (2) |
| Aug 5, 2022 | 320 | Post-Trial Reply Brief on Invalidity, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 8/8/2022 (nms). (Entered: 08/05/2022) (19) |
| Aug 5, 2022 | 321 | POST-TRIAL Reply Brief, by Exelixis, Inc.. (Attachments: # 1 Exhibit 1)(Raucci, Anthony) Modified on 8/8/2022 (nms). (Main Document 321 replaced on 8/8/2022) (nms). (Attachment 1 replaced on 8/8/2022) (nms). Modified on 8/8/2022 (nms). (Entered: 08/05/2022) (Main Document) (18) |
| Aug 5, 2022 | 322 | Proposed Findings of Fact by Exelixis, Inc.. (Raucci, Anthony) (Entered: 08/05/2022) (4) |
| Aug 5, 2022 | 321 | POST-TRIAL Reply Brief, by Exelixis, Inc.. (Attachments: # 1 Exhibit 1)(Raucci, Anthony) Modified on 8/8/2022 (nms). (Main Document 321 replaced on 8/8/2022) (nms). (Attachment 1 replaced on 8/8/2022) (nms). Modified on 8/8/2022 (nms). (Entered: 08/05/2022) (Exhibits 1) (6) |
| Jul 22, 2022 | 315 | Notice Requesting Removal of Co-Counsel (1) Docket Text: NOTICE requesting Clerk to remove Jason Z. Pesick as co-counsel. Reason for request: Left Firm. (Gattuso, Dominick) |
| Jul 22, 2022 | 316 | POST Trial Brief (30) Docket Text: POST-Trial Answering Brief, by Exelixis, Inc.. (Raucci, Anthony) Modified on 7/24/2022 (nms). |
| Jul 22, 2022 | 317 | Proposed Findings of Fact (19) Docket Text: Proposed Findings of Fact by Exelixis, Inc.. (Raucci, Anthony) |
| Jul 22, 2022 | 318 | Proposed Findings of Fact (24) Docket Text: Proposed Findings of Fact by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) |
| Jul 22, 2022 | 319 | POST Trial Brief (30) Docket Text: POST-Trial Answering Brief on Non-Infringement, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 7/24/2022 (nms). |
| Jul 20, 2022 | 313 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME responsive and reply post-trial briefs to July 22, 2022 and August 5, 2022 respectively - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) |
| Jun 23, 2022 | 311 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Katherine P. Kieckhafer as co-counsel. Reason for request: no longer with firm. (Raucci, Anthony) |
| Jun 22, 2022 | 310 | Main Document (2) Docket Text: NOTICE of Lodging of List of Agreed Admitted Trial Exhibits by Exelixis, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Raucci, Anthony) Modified on 6/23/2022 (nms). |
| Jun 22, 2022 | 310 | Exhibit A - List of Public Admitted Trial Exhibits (7) |
| Jun 22, 2022 | 310 | Exhibit B - List of SEALED Admitted Trial Exhibits (4) |
| Jun 21, 2022 | 301 | Order (1) Docket Text: ORDER Granting [291] Motion to Redact and Seal Limited Portions of Confidential Exhibits Admitted at Trial. Signed by Judge Richard G. Andrews on 6/21/2022. (nms) |
| Jun 21, 2022 | 302 | Main Document (7) Docket Text: REDACTED VERSION of [291] Motion to Redact and Seal Limited Portions of Confidential Exhibits Admitted at Trial, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Proposed Order, # (2) 7.1.1 Certification, # (3) Certificate of Service)(Gattuso, Dominick) Modified on 6/21/2022 (nms). |
| Jun 21, 2022 | 302 | Text of Proposed Order (1) |
| Jun 21, 2022 | 302 | Certificate of Compliance 7.1.1 Certification (2) |
| Jun 21, 2022 | 302 | Certificate of Service (1) |
| Jun 21, 2022 | 303 | Main Document (307) Docket Text: REDACTED VERSION of [292] Exhibits A-E, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) Modified on 6/21/2022 (nms). |
| Jun 21, 2022 | 303 | Certificate of Service (1) |
| Jun 21, 2022 | 304 | Main Document (385) Docket Text: REDACTED VERSION of [293] Exhibits F-I, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) Modified on 6/21/2022 (nms). |
| Jun 21, 2022 | 304 | Certificate of Service (1) |
| Jun 21, 2022 | 305 | Main Document (691) Docket Text: REDACTED VERSION of [294] Exhibits J-R, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) Modified on 6/21/2022 (nms). |
| Jun 21, 2022 | 305 | Certificate of Service (1) |
| Jun 21, 2022 | 306 | Proposed Findings of Fact (27) Docket Text: Proposed Findings of Fact by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) |
| Jun 21, 2022 | 307 | Opening Brief in Support (30) Docket Text: Opening Post-Trial Brief on Invalidity, filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 6/21/2022 (nms). |
| Jun 21, 2022 | 308 | POST Trial Brief (30) Docket Text: POST-Trial Opening Brief, by Exelixis, Inc.. (Raucci, Anthony) Modified on 6/21/2022 (nms). |
| Jun 21, 2022 | 309 | Proposed Findings of Fact (29) Docket Text: Proposed Findings of Fact by Exelixis, Inc.. (Raucci, Anthony) |
| Jun 15, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Pursuant to the request of the filer, the stipulation previously filed as D.I. 297 has been deleted due to document being filed in the wrong case. (lih) |
| Jun 15, 2022 | 296 | Main Document (3) Docket Text: NOTICE of Lodging of Trial Demonstratives by Exelixis, Inc. (Attachments: # (1) Exhibits 1-7)(Raucci, Anthony) |
| Jun 15, 2022 | 296 | Exhibits 1-7 (173) |
| Jun 14, 2022 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [291] Motion to Redact and Seal Limited Portions of Confidential Exhibits Admitted at Trial (nms) |
| Jun 14, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The exhibits F through R filed at D.I. 293, 294, 295 and 296 have been removed from the docket. Counsel is to refile the exhibits more efficiently. For example, exhibits F, G, H, and I should all be filed at the same transaction. The structure of exhibits J-R was fine, but needed to be removed so sequencing could be maintained when the exhibits are refiled. (nms) |
| Jun 14, 2022 | 295 | Main Document (2) Docket Text: NOTICE of Lodging by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Gattuso, Dominick) |
| Jun 14, 2022 | 295 | Exhibit 1 (62) |
| Jun 14, 2022 | 295 | Exhibit 2 (32) |
| Jun 14, 2022 | 295 | Exhibit 3 (49) |
| Jun 14, 2022 | 295 | Exhibit 4 (7) |
| Jun 14, 2022 | 295 | Exhibit 5 (29) |
| Jun 14, 2022 | 295 | Exhibit 6 (70) |
| May 27, 2022 | 290 | Order (2) Docket Text: SO ORDERED Granting [289] Stipulation Regarding Post-Trial Briefing. Signed by Judge Richard G. Andrews on 5/27/2022. (nms) |
| May 26, 2022 | 289 | Stipulation (2) Docket Text: STIPULATION Regarding Post-Trial Briefing by Exelixis, Inc.. (Raucci, Anthony) |
| May 19, 2022 | N/A | Bench Trial - Completed (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Bench Trial day 4 completed on 5/19/2022. Local Counsel present for Plaintiff: J. Blumenfeld, A. Raucci. Counsel present for Defendants: D. Gattuso. Closing arguments made. (Court Reporter Heather Triozzi.) (lak) |
| May 19, 2022 | 285 | Redacted Document (22) Docket Text: REDACTED VERSION of [281] Amended Exhibit 10C to Pretrial Order, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 5/19/2022 (nms). |
| May 19, 2022 | 286 | Redacted Document (30) Docket Text: REDACTED VERSION of [280] Exhibit to a Document by Exelixis, Inc.. (Raucci, Anthony) |
| May 19, 2022 | 287 | Redacted Document (30) Docket Text: REDACTED VERSION of [282] Exhibit to a Document by Exelixis, Inc.. (Raucci, Anthony) |
| May 19, 2022 | 288 | Redacted Document (30) Docket Text: REDACTED VERSION of [283] Exhibit to a Document by Exelixis, Inc.. (Raucci, Anthony) |
| May 18, 2022 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Bench Trial day 3 held on 5/18/2022. Local Counsel present for Plaintiff: J. Blumenfeld, A. Raucci. Counsel present for Defendants: D. Gattuso. Witnesses: Daniel George, Michael Tate, David MacMillan, DeForest McDuff, Anthony Mega. (Court Reporter Heather Triozzi.) (lak) |
| May 17, 2022 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Bench Trial day 2 held on 5/17/2022. Local Counsel present for Plaintiff: J. Blumenfeld, A. Raucci. Counsel present for Defendants: D. Gattuso. Witnesses: Jonathan Steed, Salvatore Lepore, Anthony Mega, Daniel George. (Court Reporter Heather Triozzi.) (lak) |
| May 16, 2022 | N/A | Deficiency Notice (0) Docket Text: DEFICIENCY NOTICE by the Court issued to MSN Laboratories Private Limited and MSN Pharmaceuticals Inc. re [281] Sealed Amended Exhibit List. Upon review it was determined this filing does not comply with Local Rule 5.2(b)(1). Defendants are requested to supplement the docket with an appropriate notice of service. (nms) |
| May 16, 2022 | N/A | Bench Trial - Begun (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Bench Trial day 1 held on 5/16/2022. Local Counsel present for Plaintiff: J. Blumenfeld, A. Raucci. Counsel present for Defendants: D. Gattuso. Opening statements made. Witnesses: Khalid Shah, Eric Munson, Peter Stevens by deposition, Matthew Nethercott by deposition, Ravikumar Nitiyanandam, Lynne Bannen by deposition, Larry Mann by deposition, Wei Xu by deposition. (Court Reporter Heather Triozzi.) (lak) |
| May 16, 2022 | 284 | Certificate of Service (1) Docket Text: CERTIFICATE OF SERVICE of MSN's Amended Exhibit 10C (D.I. [281]), by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 5/16/2022 (nms). |
| May 12, 2022 | 278 | Stipulation (7) Docket Text: Joint Stipulation Regarding Authenticity of Documents, by Exelixis, Inc.. (Raucci, Anthony) Modified on 5/12/2022 (nms). |
| May 12, 2022 | 279 | Order (7) Docket Text: SO ORDERED Granting [278] Joint Stipulation Regarding Authenticity of Documents. Signed by Judge Richard G. Andrews on 5/12/2022. (nms) |
| May 6, 2022 | N/A | Pretrial Conference (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Pretrial Conference held on 5/6/2022. Local counsel present for Plaintiff: J. Blumenfeld, A. Raucci. Local counsel present for Defendant: D. Gattuso. (Court Reporter Deanna Warner.) (nms) |
| May 6, 2022 | N/A | Remark (0) Docket Text: Remark: D.I. [272] has been unsealed. (lih) |
| May 6, 2022 | 277 | Order (2) Docket Text: ORDER AFTER PRETRIAL CONFERENCE: The Proposed Pretrial Order (D.I. [270]) is ADOPTED as modified. A bench trial will begin on May 16, 2022, at 9:00 a.m. Each party should be prepared to present its case until 5:00 p.m. of each trial day, although the end of the trial day may, in the discretion of the Court, be earlier than 5:00 p.m.. Plaintiff's Motion in Limine #1(D.I. [269]) is RESOLVED as previously stated (D.I. [274]) (see Order for further details). Signed by Judge Richard G. Andrews on 5/6/2022. (nms) |
| Apr 25, 2022 | 275 | Main Document (19) Docket Text: REDACTED VERSION of [270] Proposed Pretrial Order, by Exelixis, Inc.. (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 10A, # (11) Exhibit 10B, # (12) Exhibit 10C, # (13) Exhibit 11, # (14) Exhibit 12)(Raucci, Anthony) |
| Apr 25, 2022 | 275 | Exhibit 1 (13) |
| Apr 25, 2022 | 275 | Exhibit 2 (5) |
| Apr 25, 2022 | 275 | Exhibit 3 (9) |
| Apr 25, 2022 | 275 | Exhibit 4 (16) |
| Apr 25, 2022 | 275 | Exhibit 5 (40) |
| Apr 25, 2022 | 275 | Exhibit 6 (5) |
| Apr 25, 2022 | 275 | Exhibit 7 (3) |
| Apr 25, 2022 | 275 | Exhibit 8 (56) |
| Apr 25, 2022 | 275 | Exhibit 9 (117) |
| Apr 25, 2022 | 275 | Exhibit 10A (2) |
| Apr 25, 2022 | 275 | Exhibit 10B (40) |
| Apr 25, 2022 | 275 | Exhibit 10C (23) |
| Apr 25, 2022 | 275 | Exhibit 11 (4) |
| Apr 25, 2022 | 275 | Exhibit 12 (7) |
| Apr 20, 2022 | 272 | Memorandum Opinion (15) Docket Text: MEMORANDUM OPINION. Signed by Judge Sherry R. Fallon on 4/20/2022.This order has been emailed to local counsel. (lih) Modified on 5/6/2022 (lih). |
| Apr 20, 2022 | 273 | Order (1) Docket Text: ORDER- re [272] Memorandum Opinion GRANTING-IN-PART [257] MOTION to Exclude the Obviousness Opinions of Jonathan Steed and Salvatore Lepore and any Reference to Them by Other Experts. Signed by Judge Sherry R. Fallon on 4/20/2022. (lih) |
| Apr 20, 2022 | 274 | Memorandum and Order (2) Docket Text: MEMORANDUM ORDER: I DENY the Daubert motion. (D.I. 257). The issue could be appropriate for a motion in limine, although based on what is presented in the motion, I would not grant it. Based on my present understanding, I think that categories (1) and (2) do not need to be limited to a single reference. I am less clear on the third category. Thus, the parties should be prepared to address the motion in limine at the pretrial conference. Signed by Judge Richard G. Andrews on 4/20/2022. (nms) |
| Apr 19, 2022 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [269] MOTION in Limine # 1 (nms) |
| Apr 19, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Marissa A. Lalli for Exelixis, 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. (mpb) |
| Apr 19, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The parties should plan on the trial scheduled for May 16, 2022, as being limited to no more than nine hours per side spread over three days. Ordered by Judge Richard G. Andrews on 4/19/2022. (nms) |
| Apr 18, 2022 | 268 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN's Notice Pursuant to 35 U.S.C. § 282 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Apr 18, 2022 | 269 | Main Document (9) Docket Text: MOTION in Limine # 1 - filed by Exelixis, Inc.. (Attachments: # (1) Exhibit A).(Raucci, Anthony) Modified on 4/19/2022 (nms). |
| Apr 18, 2022 | 269 | Exhibit A (2) |
| Apr 7, 2022 | 267 | Transcript (28) Docket Text: Official Transcript of Status Conference held on 3/18/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@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 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (Triozzi, Heather) |
| Apr 6, 2022 | N/A | Notice re Courtesy Copies (0) Docket Text: NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. # [265]. (lih) |
| Apr 6, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [266] MOTION for Pro Hac Vice Appearance of Attorney Marissa A. Lalli and Whitney D. Russell. Signed by Judge Sherry R. Fallon on 4/6/2022. (lih) |
| Apr 6, 2022 | 266 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Marissa A. Lalli and Whitney D. Russell - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Apr 4, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf for D.I. [265] has been replaced with a corrected version per counsel's request. The NEF for the filing has been regenerated. (nms) |
| Apr 4, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel) |
| Apr 1, 2022 | 264 | Main Document (26) Docket Text: REDACTED VERSION of [263] Answering Brief in Opposition, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibits A-H, # (2) Certificate of Service)(Gattuso, Dominick) Modified on 4/1/2022 (nms). |
| Apr 1, 2022 | 264 | Exhibit A-H (Redacted) (199) |
| Apr 1, 2022 | 264 | Certificate of Service (1) |
| Apr 1, 2022 | 265 | Reply Brief (15) Docket Text: REPLY BRIEF re [257] MOTION to Exclude the Obviousness Opinions of Jonathan Steed and Salvatore Lepore and any Reference to Them by Other Experts - filed by Exelixis, Inc.. (Raucci, Anthony) (Main Document 265 replaced on 4/4/2022) (nms). |
| Mar 23, 2022 | 261 | Redacted Document (19) Docket Text: REDACTED VERSION of [258] Opening Brief in Support, by Exelixis, Inc.. (Raucci, Anthony) |
| Mar 23, 2022 | 262 | Main Document (3) Docket Text: REDACTED VERSION of [259] Declaration, by Exelixis, Inc.. (Attachments: # (1) Exhibits A-I)(Raucci, Anthony) |
| Mar 23, 2022 | 262 | Exhibits A-I (85) |
| Mar 22, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Pursuant to the unopposed request of the filer, D.I. 259 has been replaced with a revised version of the document. (lih) |
| Mar 18, 2022 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Status Conference held on 3/18/2022. Local counsel present for Plaintiffs: A. Raucci. Local counsel present for Defendants: A. Gattuso. The Court denied the request to continue the trial scheduled in C.A. 19-2017-RGA. (Court Reporter Heather Triozzi.) Associated Cases: 1:19-cv-02017-RGA-SRF, 1:22-cv-00228-RGA(nms) |
| Mar 18, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [260] STIPULATION and Proposed Order to Extend Time to file redacted versions of its Opening Brief (D.I. 258) and the Declaration (D.I. 259) to March 25, 2022. Signed by Judge Richard G. Andrews on 3/18/2022. (nms) |
| Mar 18, 2022 | 260 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to file redacted versions of its Opening Brief in support of its Motion to Exclude (D.I. 258) and the Declaration in support (D.I. 259) to March 25, 2022 - filed by Exelixis, Inc.. (Raucci, Anthony) |
| Mar 16, 2022 | N/A | Remark (0) Docket Text: Remark: The public may access the hearing scheduled for 3/18/2021, at 11:30 a.m. by dialing the following phone number: +1 202-503-1666, then enter Conference ID: 381966934#. The dial-in information provides listening capabilities only. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:22-cv-00228-RGA(lak) |
| Mar 11, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A status conference is now scheduled for 3/18/2022, at 11:30 AM. The conference will be held using Teams. A joint email with the email addresses for all those participating in the conference shall be due to the Court's Case Manager by 4:00 PM on 3/15/2022. Ordered by Judge Richard G. Andrews on 3/11/2022. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:22-cv-00228-RGA(nms) |
| Mar 11, 2022 | 257 | Motion to Preclude (5) Docket Text: MOTION to Exclude the Obviousness Opinions of Jonathan Steed and Salvatore Lepore and any Reference to Them by Other Experts - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) Modified on 3/14/2022 (nms). |
| Mar 4, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [254] STIPULATION TO EXTEND TIME file redacted versions of MSNs Reply Brief in Support of Its Motion for Leave to Amend Counterclaims and Exhibits 1-4 thereto to March 7, 2022. Signed by Judge Sherry R. Fallon on 3/4/2022. (lih) |
| Mar 4, 2022 | 255 | Main Document (14) Docket Text: REDACTED VERSION of [246] Reply Brief, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit 1-4, # (2) Certificate of Service)(Gattuso, Dominick) |
| Mar 4, 2022 | 255 | Exhibit 1-4 (33) |
| Mar 4, 2022 | 255 | Certificate of Service (1) |
| Mar 3, 2022 | 254 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME file redacted versions of MSNs Reply Brief in Support of Its Motion for Leave to Amend Counterclaims and Exhibits 1-4 thereto to March 7, 2022 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) |
| Mar 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [252] STIPULATION TO EXTEND TIME to file redacted version Reply Brief to March 3, 2022 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. Signed by Judge Sherry R. Fallon on 3/2/2022. (Polito, Rebecca) |
| Mar 2, 2022 | 253 | Letter (2) Docket Text: Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, regarding MSN's request for a status conference (D.I. [251]). (Raucci, Anthony) Modified on 3/2/2022 (nms). |
| Mar 1, 2022 | 252 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to file redacted version Reply Brief to March 3, 2022 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 3/2/2022 (nms). |
| Feb 28, 2022 | 251 | Letter (2) Docket Text: Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., regarding request for a status conference. (Gattuso, Dominick) Modified on 3/1/2022 (nms). |
| Feb 25, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER DENYING as moot D.I. [220] MOTION for Leave to Amend Counterclaims due to the filing of Plaintiff's complaint asserting causes of action for infringement of the '439, '440, and '015 patents (C.A. No. 22-228-UNA). The authority cited by Defendants in their letter dated February 25, 2022 (D.I. 250) did not arise in the ANDA context and therefore did not consider the impact of the statutory 45-day period under 21 U.S.C. 355(j)(5)(C). See Shure Inc. v. Clearone, Inc., C.A. No. 19-1343-RGA-CJB, 2020 WL 2839294, at *12 (D. Del. June 18, 2020). The plain language of Section 355(j)(5)(C) and Federal Circuit precedent interpreting the statute confirm that declaratory judgment claims may be brought by the ANDA filer only if the patent owner has not brought a civil action for infringement within the 45-day statutory period. See Caraco Pharm. Labs., Ltd. v. Forest Labs., Inc., 527 F.3d 1278, 1285 (Fed. Cir. 2008) ("[I]f the NDA holder fails to sue a Paragraph IV ANDA filer within 45 days, the ANDA filer can sue the NDA holder to obtain a declaratory judgment that the relevant Orange-Book-listed patents are invalid or not infringed." (citing 21 U.S.C. 355(j)(5)(C))). Because Plaintiff filed a civil action for infringement prior to the expiration of the 45-day period, Defendants' motion to amend the counterclaims is now moot. Any request for a status conference to address trial scheduling matters shall be directed to Judge Andrews. Signed by Judge Sherry R. Fallon on 2/25/2022. (Polito, Rebecca) |
| Feb 25, 2022 | 250 | Letter (2) Docket Text: Letter to The Honorable Sherry R. Fallon, from Dominick T. Gattuso, Esq., regarding February 24, 2022 Oral Order. (Gattuso, Dominick) Modified on 2/25/2022 (nms). |
| Feb 24, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [248] Letter: IT IS HEREBY ORDERED that, on or before 12:00 p.m. on February 25, 2022, Defendants shall file a letter of no more than two (2) pages setting forth their position on whether the pending motion for leave to amend the counterclaims (D.I. 220) should be withdrawn, or whether the court should deny the motion as moot due to the filing of a new complaint alleging infringement of the '439, '440, and '015 patents. Signed by Judge Sherry R. Fallon on 2/24/2022. (Polito, Rebecca) |
| Feb 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [249] MOTION for Pro Hac Vice Appearance of Attorney Madeleine Laupheimer of WILMER CUTLER PICKERING HALE AND DORR LLP filed by Exelixis, Inc. Signed by Judge Sherry R. Fallon on 2/24/2022. (Polito, Rebecca) |
| Feb 24, 2022 | 249 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Madeleine Laupheimer of WILMER CUTLER PICKERING HALE AND DORR LLP - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Feb 23, 2022 | 247 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Matthew J. Nethercott, Ph.D. on February 25, 2022, beginning at 9:00 a.m. EST. (remote) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Feb 23, 2022 | 248 | Letter (1) Docket Text: Letter to The Honorable Sherry R. Fallon from Anthony D. Raucci regarding new complaint (U.S. Patents '439, '440 and '015). (Raucci, Anthony) |
| Feb 18, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [244] MOTION for Pro Hac Vice Appearance of Attorney Amy Mahan. Signed by Judge Sherry R. Fallon on 2/18/2022. (lih) |
| Feb 18, 2022 | 244 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Amy Mahan - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Feb 18, 2022 | 245 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Kevin J. O'Brien as co-counsel.. (Raucci, Anthony) |
| Feb 14, 2022 | 242 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Jonathan Steed, Ph.D. on March 9, 2022 to March 10, 2022 filed by Exelixis, Inc..(Raucci, Anthony) |
| Feb 14, 2022 | 243 | Answering Brief in Opposition (18) Docket Text: ANSWERING BRIEF in Opposition re [220] MOTION for Leave to Amend Counterclaims and Request for an Expedited Briefing Schedule and Hearing filed by Exelixis, Inc..Reply Brief due date per Local Rules is 2/22/2022. (Raucci, Anthony) |
| Feb 8, 2022 | 237 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Daniel J. George, M.D. on February 25, 2022, beginning at 9:00 a.m. EST filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Feb 8, 2022 | 238 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Eric Munson, Ph.D on February 15, 2022, beginning at 9:00 a.m. EST. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Feb 8, 2022 | 239 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Michael E. Tate on February 15, 2022, beginning at 9:00 a.m. EST. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Feb 8, 2022 | 240 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Bernhardt L. Trout, Ph.D. on February 11, 2022, beginning at 9:00 a.m. EST. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Feb 8, 2022 | 241 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of David W.C. MacMillan, Ph.D. on February 24, 2022, beginning at 9:00 a.m. EST. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Feb 7, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin S. Prussia for Exelixis, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:21-cv-00871-RGA-JLH, 1:19-cv-02017-RGA-SRF(smg) |
| Feb 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [234] Stipulation and Proposed Order to Extend Scheduling Order Deadlines. Signed by Judge Richard G. Andrews on 2/7/2022. (nms) |
| Feb 7, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: As a result of the teleconference on 2/7/2022 to discuss ADR and its timing, no further contact will be initiated by Judge Thynge regarding ADR/mediation unless contacted by Judge Andrews or counsel, either jointly or separately. Ordered by Judge Mary Pat Thynge on 2/7/2022. (Taylor, Daniel) |
| Feb 7, 2022 | 235 | Main Document (3) Docket Text: REDACTED VERSION of [220] MOTION for Leave to Amend Counterclaims and Request for an Expedited Briefing Schedule and Hearing by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Certificate of Service)(Gattuso, Dominick) |
| Feb 7, 2022 | 235 | Exhibit A (173) |
| Feb 7, 2022 | 235 | Exhibit B (30) |
| Feb 7, 2022 | 235 | Certificate of Service (1) |
| Feb 7, 2022 | 236 | Main Document (15) Docket Text: REDACTED VERSION of [223] Opening Brief in Support, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) |
| Feb 7, 2022 | 236 | Certificate of Service (1) |
| Feb 4, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that MSN's request for expedited briefing on the pending motion for leave to amend the counterclaims (D.I. [222]) is DENIED. MSN's request is directed to obtaining a resolution of the motion to amend prior to the expiration of the statutory 45-day period on February 25, 2022. (D.I. 228 at 2); 21 U.S.C. 355(j)(5)(C). MSN cites no binding authority establishing that a generic applicant may bring claims for declaratory relief prior to the expiration of the 45-day period, and its reliance on Mallinckrodt Hospital Products IP Ltd. v. Praxair Distribution, Inc., C.A. No. 15-170-GMS, 2016 WL 4137213, at *3 (D. Del. 2016) is not supported by other authorities. The weight of authority supports preserving the statutory 45-day period before permitting a defendant to pursue claims for declaratory judgment. See Caraco Pharm. Labs., Ltd. v. Forest Labs., Inc., 527 F.3d 1278, 1285 (Fed. Cir. 2008) ("[I]f the NDA holder fails to sue a Paragraph IV ANDA filer within 45 days, the ANDA filer can sue the NDA holder to obtain a declaratory judgment that the relevant Orange-Book-listed patents are invalid or not infringed." (citing 21 U.S.C. 355(j)(5)(C))); Allergan, Inc. v. Alcon Inc., C.A. No. 04-968-GMS, 2005 WL 3336535, at *2 (D. Del. Dec. 8, 2005) ("During the pendency of the forty-five days, the generic is barred from filing a declaratory judgment action...."). Therefore, briefing on the pending motion for leave to amend (D.I. 220) shall occur in accordance with the standard briefing schedule under this Court's Local Rules. The Court anticipates issuing its decision on the motion to amend on or promptly after the expiration of the 45-day statutory period on February 25, 2022. Ordered by Judge Sherry R. Fallon on 2/4/2022. (lih) |
| Feb 4, 2022 | 234 | Stipulation (2) Docket Text: STIPULATION to Amend Scheduling Order by Exelixis, Inc.. (Raucci, Anthony) |
| Feb 3, 2022 | 230 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of DeForest McDuff, Ph.D. on February 18, 2022 filed by Exelixis, Inc..(Raucci, Anthony) |
| Feb 3, 2022 | 231 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Peter W. Stephens, Ph.D. on February 25, 2022 filed by Exelixis, Inc..(Raucci, Anthony) |
| Feb 3, 2022 | 232 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Anthony Mega, M.D. on February 28, 2022 filed by Exelixis, Inc..(Raucci, Anthony) |
| Feb 3, 2022 | 233 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Salvatore D. Lepore, Ph.D. on March 2, 2022 filed by Exelixis, Inc..(Raucci, Anthony) |
| Feb 2, 2022 | 228 | Letter (3) Docket Text: Letter to The Honorable Sherry R. Fallon, from Dominick T. Gattuso, Esq., regarding Plaintiff's February 1, 2022 letter (D.I. [227]). (Gattuso, Dominick) Modified on 2/2/2022 (nms). |
| Feb 2, 2022 | 229 | Letter (1) Docket Text: Letter to The Honorable Sherry R. Fallon, from Anthony D. Raucci, regarding MSN's February 2, 2022 letter (D.I.[228]). (Raucci, Anthony) Modified on 2/3/2022 (nms). |
| Feb 1, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re D.I. [227] Letter: On or before February 2, 2022 at 3:00 p.m., MSN shall file a letter not to exceed two (2) pages that addresses the positions raised in Exelixis' February 1, 2022 letter. Ordered by Judge Sherry R. Fallon on 2/1/2022. (lih) |
| Feb 1, 2022 | 225 | Redacted Document (3) Docket Text: REDACTED VERSION of [218] Letter by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) |
| Feb 1, 2022 | 226 | Main Document (4) Docket Text: REDACTED VERSION of [219] Letter by Exelixis, Inc.. (Attachments: # (1) Exhibit A)(Raucci, Anthony) |
| Feb 1, 2022 | 226 | Exhibit A (8) |
| Feb 1, 2022 | 227 | Letter (2) Docket Text: Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, regarding response to MSN's January 31, 2022 letter (D.I. [224]). (Raucci, Anthony) Modified on 2/1/2022 (nms). |
| Jan 31, 2022 | 221 | Proposed Order (1) Docket Text: PROPOSED Order re [220] MOTION for Leave to Amend Counterclaims and Request for an Expedited Briefing Schedule and Hearing, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 1/31/2022 (nms). Modified on 1/31/2022 (nms). |
| Jan 31, 2022 | 222 | Proposed Order (1) Docket Text: PROPOSED Order re [220] MOTION for Leave to Amend Counterclaims and Request for an Expedited Briefing Schedule and Hearing, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 1/31/2022 (nms). |
| Jan 31, 2022 | 224 | Letter (1) Docket Text: Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., regarding Motion for Leave to Amend Counterclaims and Request for an Expedited Briefing Schedule and Hearing . (Gattuso, Dominick) Modified on 1/31/2022 (nms). |
| Jan 28, 2022 | N/A | Status Conference (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Telephonic Status Conference held on 1/28/2022. Counsel for Plaintiff: A. Raucci. Counsel for Defendants: D. Gattuso. (Court Reporter Heather Triozzi.) (lak) |
| Jan 26, 2022 | 217 | Letter (1) Docket Text: Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, regarding dial in for January 28, 2022, teleconference. (Raucci, Anthony) Modified on 1/27/2022 (nms). |
| Jan 25, 2022 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[214]. (nms) |
| Jan 25, 2022 | 216 | Redacted Document (2) Docket Text: REDACTED VERSION of [214] Letter by Exelixis, Inc.. (Raucci, Anthony) |
| Jan 19, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A telephonic status conference is now set for 1/28/2022, at 9:00 AM before Judge Richard G. Andrews. The parties shall mutually coordinate the call and file a joint letter on the docket no later than 1/26/2022, providing the dial-in information. Ordered by Judge Richard G. Andrews on 1/19/2022. (nms) |
| Jan 5, 2022 | 212 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s (i) Reply Expert Report of Dr. Anthony Mega Regarding Invalidity of U.S. Patent Nos. 7,579,473 and 8,497,284 (with Exhibit A) [CONFIDENTIAL]; (ii) Reply Expert Report of Dr. Salvatore Lepore Regarding Invalidity of U.S. Patent Nos. 7,579,473 and 8,497,284 (with Exhibit A) [CONFIDENTIAL]; (iii) Reply Expert Report of Jonathan Steed, Ph.D., Regarding Invalidity of the Asserted Claims of U.S. Patent No. 8,877,776 (with Exhibit A) [HIGHLY CONFIDENTIAL]; and, (iv) Expert Report of DeForest McDuff, Ph.D. (with Exhibits) [HIGHLY CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jan 5, 2022 | 213 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Reply Expert Report of Eric Munson, Ph.D. Concerning Infringement of U.S. Patent No. 8,877,776 filed by Exelixis, Inc..(Raucci, Anthony) |
| Dec 3, 2021 | 211 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Expert Report of Michael E. Tate, (2) Rebuttal Expert Report of Daniel J. George, M.D., (3) Rebuttal Expert Report of Bernhardt L. Trout, Ph.D. Concerning Validity of U.S. Patent No. 8,877,776, and (4) Expert Report of David W.C. MacMillan, Ph.D. filed by Exelixis, Inc..(Raucci, Anthony) |
| Nov 23, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [210] STIPULATION and Proposed Order to Extend deadlines for expert discovery. Signed by Judge Richard G. Andrews on 11/23/2021. (nms) |
| Nov 23, 2021 | 210 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION and Proposed Order to Extend deadlines for expert discovery - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 11/23/2021 (nms). |
| Oct 29, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [209] MOTION for Pro Hac Vice Appearance of Attorney Amy K. Wigmore. Signed by Judge Sherry R. Fallon on 10/29/2021. (lih) |
| Oct 28, 2021 | 209 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Amy K. Wigmore - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Oct 21, 2021 | 208 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Benjamin I. Dach as co-counsel. Reason for request: no longer with the firm. (Raucci, Anthony) |
| Oct 14, 2021 | 207 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Supplemental Rule 26(a) Initial Disclosures filed by Exelixis, Inc..(Raucci, Anthony) |
| Oct 13, 2021 | 206 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Opening Expert reports of Dr. Anthony Mega Regarding Invalidity of the Asserted Claims of U.S. Patent Nos. 7,579,473 and 8,497,284 (with Exhibits A-B); (ii) Dr. Salvatore Lepore Regarding Invalidity of U.S. Patent Nos. 7,579,473 and 8,497,284 (with Exhibits A-B); and, (iii) Jonathan Steed, Ph.D., Regarding Invalidity of the Asserted Claims of U.S. Patent Nos. 8,877,776 (with Exhibits A-B) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Oct 12, 2021 | 204 | Order (2) Docket Text: SO ORDERED Granting [203] Stipulation and Proposed Order Dismissing certain counterclaims. Signed by Judge Richard G. Andrews on 10/12/2021. (nms) |
| Oct 12, 2021 | 205 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Opening Expert Report of Eric Munson, Ph.D. Concerning Infringement of U.S. Patent No. 8,877,776 filed by Exelixis, Inc..(Raucci, Anthony) |
| Oct 8, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [202] STIPULATION and Proposed Order to Extend expert discovery deadlines. Signed by Judge Richard G. Andrews on 10/8/2021. (nms) |
| Oct 8, 2021 | 202 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION and Proposed Order to Extend expert discovery deadlines - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 10/8/2021 (nms). |
| Oct 8, 2021 | 203 | Stipulation (2) Docket Text: STIPULATION and Proposed Order to Dismiss Certain Counterclaims, by Exelixis, Inc.. (Raucci, Anthony) Modified on 10/8/2021 (nms). |
| Oct 1, 2021 | 200 | Stipulation (3) Docket Text: STIPULATION and Proposed Order Regarding MSN's Infringement of Certain Patent Claims, by Exelixis, Inc.. (Raucci, Anthony) Modified on 10/1/2021 (nms). |
| Oct 1, 2021 | 201 | Order (3) Docket Text: SO ORDERED Granting [200] Stipulation and Proposed Order Regarding MSN's Infringement of Certain Claims. Signed by Judge Richard G. Andrews on 10/1/2021. (nms) |
| Sep 23, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kurt A. Mathas for MSN Laboratories Private Limited and MSN 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. (twk) |
| Sep 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [199] Stipulated Amended Protective Order. Signed by Judge Sherry R. Fallon on 9/13/2021. (lih) |
| Sep 10, 2021 | 199 | Main Document (27) Docket Text: Stipulated Amended Protective Order by Exelixis, Inc.. (Attachments: # (1) Letter to The Honorable Sherry R. Fallon)(Raucci, Anthony) Modified on 9/13/2021 (lih). |
| Sep 10, 2021 | 199 | Letter to The Honorable Sherry R. Fallon (1) |
| Sep 9, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [194] STIPULATION and Proposed Order to extend fact discovery deadline to September 8, 2021. Signed by Judge Richard G. Andrews on 9/9/2021. (nms) |
| Sep 8, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [195] MOTION for Pro Hac Vice Appearance of Attorney Kurt A. Mathas. Signed by Judge Sherry R. Fallon on 9/8/2021. (lih) |
| Sep 8, 2021 | 196 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Amended Initial Invalidity Contentions for U.S. Patent Nos. 7,579,473 and 8,497,284 [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Sep 8, 2021 | 197 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants' Amended Initial Invalidity Contentions for U.S. Patent No. 8,877,776 (with Exhibit A) [HIGHLY CONFIDENTIAL]; and, (ii) Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Supplemental Responses and Objections to Plaintiff's Fourth Set of Interrogatories (Nos. 22-23) (with Exhibit A) [HIGHLY CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Sep 8, 2021 | 198 | Notice of Service (5) Docket Text: NOTICE OF SERVICE of (1) Exelixis's Second Supplemental Responses and Objections to MSN's First Set of Interrogatories (Nos. 1-4, 6, 8), (2) Exelixis Inc.'s First Supplemental Infringement Contentions Concerning U.S. Patent No. 7,579,473 and U.S. Patent No. 8,497,284, and (3) Exelixis Inc.'s First Supplemental Infringement Contentions Concerning U.S. Patent No. 8,877,776 filed by Exelixis, Inc..(Raucci, Anthony) |
| Sep 7, 2021 | 193 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Kevin E. Warner as co-counsel. Reason for request: Left Firm. (Gattuso, Dominick) |
| Sep 7, 2021 | 194 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION and Proposed Order to extend fact discovery deadline to September 8, 2021 - filed by Exelixis, Inc.. (Raucci, Anthony) |
| Sep 7, 2021 | 195 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kurt A. Mathas of Winston & Strawn LLP - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. Motions referred to Sherry R. Fallon.(Gattuso, Dominick) |
| Sep 3, 2021 | 192 | Main Document (6) Docket Text: REDACTED VERSION of [189] Letter by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) |
| Sep 3, 2021 | 192 | Certificate of Service (1) |
| Sep 2, 2021 | 190 | Main Document (7) Docket Text: REDACTED VERSION of [187] Letter by Exelixis, Inc.. (Attachments: # (1) Text of Proposed Order)(Raucci, Anthony) |
| Sep 2, 2021 | 190 | Text of Proposed Order (1) |
| Sep 2, 2021 | 191 | Main Document (4) Docket Text: REDACTED VERSION of [188] Declaration by Exelixis, Inc.. (Attachments: # (1) Exhibits A-M)(Raucci, Anthony) |
| Sep 2, 2021 | 191 | Exhibits A-M (350) |
| Aug 31, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [187] Letter, [189] Letter: Having reviewed the parties' discovery dispute submissions (D.I. [187]; D.I. [188]; D.I. [189]), IT IS HEREBY ORDERED that Plaintiff's request for relief is GRANTED. For the reasons discussed in the July 14, 2021 Order, the Court ordered that Defendant's designated in-house representative should be granted access to Plaintiff's "Confidential Information" under the protective order. (D.I. 162) The parties have since agreed to modify the protective order to include a "Highly Confidential Information" designation, but they dispute the scope of this designation. The Court finds that Plaintiff has shown good cause to include in the definition of "Highly Confidential Information" the four subcategories of information identified by Plaintiff at D.I. 187, page 2. See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994) (requiring showing of good cause for a protective order due to need to balance interests in privacy against the opponent's need for information). First, the information is of limited relevance to Defendant's obviousness and Section 112 defenses because it is not publicly available or intrinsic to the written disclosure of the patents in suit. See Invitrogen Corp. v. Biocrest Mfg., 424 F.3d 1374, 1380-81 (Fed. Cir. 2005) ("[A]n inventor's own work cannot be used to invalidate patents protecting his own later inventive activities."); see also Otsuka Pharm. Co. v. Sandoz, Inc., 678 F.3d 1280, 1296 (Fed. Cir. 2012) ("The inventor's own path itself never leads to a conclusion of obviousness; that is hindsight."); see also D.I. 188, Ex. C at 3. Second, the prejudice to Defendant is cured by Plaintiff's agreement to de-designate highly confidential information affirmatively relied on by Plaintiff's experts. (D.I. 188, Ex. C at 18-19) Third, the risk of inadvertent disclosure of Plaintiff's trade secret information outweighs any potential harm to Defendant from restricted access to the information for the reasons previously stated. To the extent that Plaintiff's experts affirmatively rely on these four subcategories of information in forming an opinion in this case, then such information shall be de-designated. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for September 1, 2021 at 11:00 a.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 8/31/2021. (Polito, Rebecca) |
| Aug 26, 2021 | N/A | Notice re Courtesy Copies (0) Docket Text: NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. 187 and D.I. 188. (Polito, Rebecca) |
| Aug 23, 2021 | 186 | Notice to Take Deposition (3) Docket Text: AMENDED Notice to Take Deposition of Eswaraiah Sajja on September 3, 2021, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 8/24/2021 (nms). |
| Aug 19, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [183] STIPULATION Regarding Authenticity and Admissibility of Documents. Signed by Judge Sherry R. Fallon on 8/19/2021. (lih) |
| Aug 19, 2021 | 183 | Stipulation (3) Docket Text: STIPULATION Regarding Authenticity and Admissibility of Documents, by Exelixis, Inc.. (Raucci, Anthony) Modified on 8/21/2021 (nms). |
| Aug 19, 2021 | 184 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to Complete Fact Discovery to September 7, 2021 - filed by Exelixis, Inc.. (Raucci, Anthony) |
| Aug 19, 2021 | 185 | SO ORDERED (1) Docket Text: SO ORDERED: re [184] STIPULATION TO EXTEND TIME to Complete Fact Discovery to September 7, 2021 filed by Exelixis, Inc. Signed by Judge Richard G. Andrews on 8/19/2021. (lak) |
| Aug 16, 2021 | 181 | Notice to Take Deposition (3) Docket Text: Amended Notice to Take Deposition of K. Narendar on August 20, 2021, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 8/17/2021 (nms). |
| Aug 16, 2021 | 182 | Notice to Take Deposition (3) Docket Text: Amended Notice to Take Deposition of Srinivasan Thirumalai Rajan on August 18, 2021, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 8/17/2021 (nms). |
| Aug 12, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin J. Boyle for MSN Laboratories Private Limited and MSN 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) |
| Aug 12, 2021 | 180 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Supplemental Responses and Objections to Plaintiff's Fifth Set of Interrogatories (No. 30) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Aug 11, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [177] MOTION to Extend Time to Object to the Court's July 14, 2021 Ruling. IT IS HEREBY ORDERED that Plaintiff's Motion to Extend Time to Object to the Court's July 14, 2021 ruling to September 8, 2021 (D.I. [177]) is GRANTED. Signed by Judge Sherry R. Fallon on 8/11/2021. (Polito, Rebecca) |
| Aug 11, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [179] MOTION for Pro Hac Vice Appearance of Attorney Kevin J. Boyle of Winston & Strawn LLP filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. Signed by Judge Sherry R. Fallon on 8/11/2021. (Polito, Rebecca) |
| Aug 11, 2021 | 179 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kevin J. Boyle of Winston & Strawn LLP - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. Motions referred to Sherry R. Fallon.(Gattuso, Dominick) |
| Aug 10, 2021 | 177 | Main Document (6) Docket Text: MOTION to Extend Time to Object to the Court's July 14, 2021 Ruling - filed by Exelixis, Inc.. (Attachments: # (1) Exhibit A, # (2) Proposed Order)Motions referred to Sherry R. Fallon.(Raucci, Anthony) Modified on 8/11/2021 (nms). |
| Aug 10, 2021 | 177 | Exhibit A (27) |
| Aug 10, 2021 | 177 | Text of Proposed Order (1) |
| Aug 10, 2021 | 178 | Response to Motion (5) Docket Text: RESPONSE to [177] MOTION to Extend Time to Object to the Court's July 14, 2021 Ruling, filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 8/11/2021 (nms). |
| Aug 2, 2021 | N/A | Remark (0) Docket Text: Remark- D.I. [162] has been unsealed. (lih) |
| Jul 30, 2021 | 176 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of William Berg on August 16, 2021 (remotely) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jul 28, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [174] Joint MOTION for a Teleconference to Resolve Protective Order Dispute. A Telephone Conference is set for 9/1/2021 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 8/26/2021, Responsive submission due by no later than 11:00 AM on 8/27/2021). Signed by Judge Sherry R. Fallon on 7/28/2021. (lih) |
| Jul 28, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER- GRANTING D.I. [175] Motion for Extension of Time to Object. Pursuant to Plaintiff's request, the deadline for objections is extended to August 11, 2021. Ordered by Judge Sherry R. Fallon on 7/28/2021. (lih) |
| Jul 27, 2021 | 173 | Status Report (2) Docket Text: Joint Status Report, by Exelixis, Inc.. (Raucci, Anthony) Modified on 7/28/2021 (nms). |
| Jul 27, 2021 | 174 | Motion for Miscellaneous Relief (3) Docket Text: Joint MOTION for a Teleconference to Resolve Protective Order Dispute - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Jul 27, 2021 | 175 | Main Document (6) Docket Text: MOTION for Extension of Time to Object to the Court's July 14, 2021 Ruling - filed by Exelixis, Inc.. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)Motions referred to Sherry R. Fallon.(Raucci, Anthony) Modified on 7/28/2021 (lih). |
| Jul 27, 2021 | 175 | Exhibit A (27) |
| Jul 27, 2021 | 175 | Text of Proposed Order (1) |
| Jul 26, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [172] STIPULATION and Proposed Order for the parties to submit an updated status report to July 27, 2021. Signed by Judge Sherry R. Fallon on 7/26/2021. (lih) |
| Jul 23, 2021 | 172 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION and Proposed Order for the parties to submit an updated status report to July 27, 2021 - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 7/26/2021 (nms). |
| Jul 22, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER- re [162] Sealed Order. The time for compliance with the court's deadline for submission of proposed redactions to D.I. [162], filed under seal, having expired on 7/21/2021, without a request for an extension for good cause, IT IS HEREBY ORDERED that D.I. [162] will be unsealed for viewing on the public docket on 7/29/2021. Ordered by Judge Sherry R. Fallon on 7/22/2021. (lih) |
| Jul 20, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [170] STIPULATION TO EXTEND TIME for the parties to submit a status report to July 20, 2021. Signed by Judge Sherry R. Fallon on 7/20/2021. (lih) |
| Jul 20, 2021 | 171 | Status Report (3) Docket Text: Joint Status Report, by Exelixis, Inc.. (Raucci, Anthony) Modified on 7/21/2021 (nms). |
| Jul 19, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [168] Joint STIPULATION TO EXTEND TIME for the parties to submit a status report to July 19, 2021. Signed by Judge Sherry R. Fallon on 7/19/2021. (lih) |
| Jul 19, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The So Ordered entry dated 7/19/2021, in relation to D.I. 166 has been removed from the docket as it was filed in error. (nms) |
| Jul 19, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [166] MOTION for Pro Hac Vice Appearance of Attorney Labdhi Sheth, Kevin M. Yurkerwich and Xiaowei Sun. Signed by Judge Sherry R. Fallon on 7/19/2021. (lih) |
| Jul 19, 2021 | 169 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of P.J. Haley (remotely) on July 27, 2021 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) Modified on 7/20/2021 (nms). |
| Jul 19, 2021 | 170 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a status report to July 20, 2021 - filed by Exelixis, Inc.. (Raucci, Anthony) |
| Jul 16, 2021 | 165 | Notice to Take Deposition (3) Docket Text: AMENDED NOTICE to Take Deposition of Rajeshwar Reddy on July 20, 2021, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 7/19/2021 (nms). |
| Jul 16, 2021 | 166 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Labdhi Sheth, Kevin M. Yurkerwich and Xiaowei Sun - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Jul 16, 2021 | 167 | Main Document (75) Docket Text: REDACTED Version of Exhibits 2-5 of [159] Sealed Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit 5, # (2) Certificate of Service)(Gattuso, Dominick) Modified on 7/16/2021 (nms). |
| Jul 16, 2021 | 167 | Exhibit 5 (101) |
| Jul 16, 2021 | 167 | Exhibit Certificate of Service (1) |
| Jul 16, 2021 | 168 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a status report to July 19, 2021 - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 7/19/2021 (nms). |
| Jul 15, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Having reviewed Defendants' July 14, 2021 letter (D.I. [163]), the Court finds that Defendants have shown good cause to seal portions of D.I. 159, Exhibit 5 in accordance with the proposals made at Exhibit A to Defendants' July 14, 2021 letter (D.I. [163]). See In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019); Genentech, Inc. v. Amgen Inc., C.A. No. 17-1407-CFC, 2020 WL 9432700 (D. Del. Sept. 2, 2020). Accordingly, IT IS ORDERED that, on or before July 16, 2021, Defendants shall file (1) an unredacted, unsealed copy of Exhibits 2 to 4 to the letter submission at D.I. 159; and (2) a copy of D.I. 159, Exhibit 5 incorporating the redactions identified in Defendants' July 14, 2021 letter (D.I. 163, Ex. A). Ordered by Judge Sherry R. Fallon on 7/15/2021. (lih) |
| Jul 15, 2021 | 164 | Redacted Document (30) Docket Text: REDACTED VERSION of [157] Letter by Exelixis, Inc.. (Raucci, Anthony) |
| Jul 14, 2021 | 162 | Order (5) Docket Text: ORDER re [159] Letter, [157] Letter. The combined discovery dispute and status teleconference scheduled for July 14, 2021 at 2:00 p.m. is CANCELLED. If the parties have matters requiring the court's attention, a joint status report identifying those matters may be filed on or before July 16, 2021. Signed by Judge Sherry R. Fallon on 7/14/2021.This order has been emailed to local counsel. (lih) Modified on 8/2/2021 (lih). (Main Document 162 replaced on 8/2/2021) (lih). |
| Jul 14, 2021 | 163 | Main Document (5) Docket Text: Letter to The Honorable Sherry R. Fallon, from Dominick T. Gattuso, Esq., regarding Rule to Show Cause. (Attachments: # (1) Exhibit A, # (2) Proposed Order)(Gattuso, Dominick) Modified on 7/15/2021 (nms). |
| Jul 14, 2021 | 163 | Exhibit A (1) |
| Jul 14, 2021 | 163 | Proposed Order (1) |
| Jul 13, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER TO SHOW CAUSE re: D.I. [161]: On or before close of business on July 14, 2021, Defendants shall submit a letter of no more than three (3) pages offering a factually detailed explanation as to why disclosure of Exhibits 2 to 5 of D.I. [159] would "work a clearly defined and serious injury to the party seeking closure." See In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019) (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994) (internal quotation marks omitted)). The record before the court reflects that Exhibit 2 is a copy of the operative protective order, which is publicly filed at D.I. 12 in this matter. Exhibit 3 is likewise publicly available on the docket from which it was taken. Exhibit 4 is a transcript from another proceeding in which the deadline for redaction requests to the transcript has expired. With respect to Exhibit 5, counsel shall identify the specific line and page numbers of the deposition transcript which contain sensitive information. When the entirety of a document, rather than the most relevant excerpts, is presented to the court, the document will not remain sealed as a whole absent compliance with the Third Circuit's decision in Avandia. If the court determines that the decision to seal Exhibits 2 to 5 in their entirety lacks a meritorious basis after review of the letter submission, the documents will be unsealed either in whole or in part. Ordered by Judge Sherry R. Fallon on 7/13/2021. (lih) |
| Jul 13, 2021 | 160 | Notice to Take Deposition (3) Docket Text: AMENDED NOTICE to Take Deposition of Ravi Kumar Nithiyanandam on July 14, 2021, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 7/14/2021 (nms). |
| Jul 13, 2021 | 161 | Main Document (6) Docket Text: REDACTED VERSION of [159] Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibits 2-5, # (3) Certificate of Service)(Gattuso, Dominick) Modified on 7/13/2021 (nms). |
| Jul 13, 2021 | 161 | Exhibit 1 (4) |
| Jul 13, 2021 | 161 | Exhibits 2-5 (1) |
| Jul 13, 2021 | 161 | Certificate of Service (1) |
| Jul 12, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER- IT IS HEREBY ORDERED that the July 16, 2021 status report and July 20, 2021 status teleconference deadlines are moot. Counsel shall be prepared to discuss the status of this case during the discovery dispute teleconference set in this matter for July 14, 2021 at 2:00 PM. Ordered by Judge Sherry R. Fallon on 7/12/2021. (lih) |
| Jul 9, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: A certificate of service has been added to D.I. [159] per counsel's request. The certificate was inadvertently omitted at the initial time of filing. (nms) |
| Jul 8, 2021 | 158 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff's Sixth Set of Interrogatories (Nos. 32-33); and, (ii) Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff's First Set of Requests for Admission [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jul 7, 2021 | 156 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis's First Supplemental Responses and Objections to MSN's Second Set of Interrogatories (No. 20) filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 6, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [151] Joint MOTION for Teleconference to Resolve Protective Order Dispute. A Telephone Conference is set for 7/14/2021 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 7/8/2021, Responsive submission due by no later than 11:00 AM on 7/9/2021). Signed by Judge Sherry R. Fallon on 7/6/2021. (lih) |
| Jul 6, 2021 | 154 | Notice to Take Deposition (3) Docket Text: Amended Notice to Take Deposition of Sarath Chandra Peddu on July 7, 2021, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 7/6/2021 (nms). |
| Jul 6, 2021 | 155 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis's First Supplemental Responses and Objections to MSN's First Set of Interrogatories (Nos. 1-6, 8, 10-12) filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 2, 2021 | 151 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Protective Order Dispute - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. Motions referred to Sherry R. Fallon.(Gattuso, Dominick) |
| Jul 2, 2021 | 152 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff's Fifth Set of Interrogatories (Nos. 30-31) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jul 2, 2021 | 153 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis, Inc.s Designated Witnesses in Response to MSNs Joint Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 1, 2021 | 149 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of C. Bharat Reddy on July 26, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 1, 2021 | 150 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Pavan Pradeep Tabjeela on August 2, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 30, 2021 | 147 | Order (6) Docket Text: ORDER re [146] Joint STIPULATION Concerning Remote Depositions. Signed by Judge Sherry R. Fallon on 6/30/2021. (lih) |
| Jun 30, 2021 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Setting Mediation Conferences: A Telephone Conference is set for 2/7/2022 at 10:00 AM before Judge Mary Pat Thynge. Counsel for Defendants to initiate the call to chambers. Ordered by Judge Mary Pat Thynge on 6/30/2021. (Taylor, Daniel) |
| Jun 29, 2021 | 146 | Stipulation (6) Docket Text: Joint STIPULATION Concerning Remote Depositions by Exelixis, Inc.. (Raucci, Anthony) Modified on 6/30/2021 (lih). |
| Jun 28, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Timothy A. Cook for Exelixis, 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. (twk) |
| Jun 25, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [145] MOTION for Pro Hac Vice Appearance of Attorney Cristina Salcedo. Signed by Judge Sherry R. Fallon on 6/25/2021. (lih) |
| Jun 25, 2021 | 145 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Cristina Salcedo - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Jun 22, 2021 | 144 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Kondal Reddy Bairy on June 23, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 21, 2021 | 143 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff's Fourth Set of Interrogatories (Nos. 22-29)(with Exhibits A-B) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jun 16, 2021 | 142 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis, Inc.'s Responses and Objections to MSN's Rule 30(b)(6) Deposition Notice filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 14, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [140] STIPULATION to Amend Scheduling Order. Set SCHEDULING ORDER deadlines: Opening Expert Reports due by 10/7/2021., Rebuttal Expert Reports due by 11/23/2021., Expert Discovery due by 1/28/2022., Status Report due by 7/16/2021. PLEASE REFER TO STIPULATION FOR FURTHER DETAILS. Signed by Judge Sherry R. Fallon on 6/14/2021. (lih) |
| Jun 14, 2021 | 141 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis Second Supplemental Responses and Objections to MSNs Second Set of Interrogatories (No. 32) filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 11, 2021 | 140 | Stipulation (2) Docket Text: STIPULATION to Amend Scheduling Order, by Exelixis, Inc.. (Raucci, Anthony) Modified on 6/14/2021 (nms). Modified on 6/14/2021 (lih). |
| Jun 8, 2021 | 139 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Sixth Set of Interrogatories filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 7, 2021 | 138 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis' Supplemental Responses and Objections to MSN's Second Set of Interrogatories (No. 32) filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 3, 2021 | 137 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.'s Fifth Set of Interrogatories; and (2) Plaintiff Exelixis, Inc.'s First Set of Requests for Admission filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 1, 2021 | 136 | Redacted Document (17) Docket Text: REDACTED VERSION of [133] Notice to Take Deposition, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Gattuso, Dominick) Modified on 6/1/2021 (nms). |
| May 27, 2021 | 135 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Robert M. Galvin as co-counsel. Reason for request: no longer at firm. (Raucci, Anthony) |
| May 24, 2021 | 134 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis's Responses and Objections to MSN's Second Set of Interrogatories (Nos. 13-32) filed by Exelixis, Inc..(Raucci, Anthony) |
| May 21, 2021 | 132 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 122 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Khalid Shah on June 30, 2021, beginning at 10:00 a.m. EDT filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 123 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dana Aftab on on June 14, 2021, beginning at 10:00 a.m. EDT. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 124 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Lisa Sauer on June 28, 2021, beginning at 10:00 a.m. EDT filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 125 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Peter Lamb on June 18, 2021, beginning at 10:00 a.m. EDT filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 126 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Steven Lacy on July 2, 2021, beginning at 10:00 a.m. EDT. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 127 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Wei Xu on June 21, 2021, beginning at 10:00 a.m. EDT. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 128 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of William P. Gallagher on June 16, 2021, beginning at 10:00 a.m. EDT filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 129 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Lynne Canne Bannen on June 23, 2021, beginning at 10:00 a.m. EDT filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 130 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Larry W. Mann on June 25, 2021, beginning at 10:00 a.m. EDT filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 14, 2021 | 131 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Fourth Set of Interrogatories filed by Exelixis, Inc..(Raucci, Anthony) |
| May 12, 2021 | 121 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff Exelixis, Inc.'s Fourth Request for the Production of Documents (Nos. 82-99) [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 10, 2021 | 120 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Exelixis's Responses and Objections to MSN's First Set of Joint Requests for Admission (Nos. 1-46) and (2) Plaintiff's Responses and Objections to Defendants' Second Set of Requests for the Production of Documents and Things (Nos. 56-82) - filed by Exelixis, Inc..(Raucci, Anthony) |
| May 5, 2021 | 119 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 28, 2021 | 118 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s First Supplemental Objections and Responses to Plaintiff's Interrogatories [Nos. 8 and 12-13] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Apr 27, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [106] MOTION for Pro Hac Vice Appearance of Attorney Timothy A. Cook, [105] MOTION for Pro Hac Vice Appearance of Attorney Katherine P. Kieckhafer, Benjamin I. Dach and Gerard A. Salvatore. Signed by Judge Sherry R. Fallon on 4/27/2021. (lih) |
| Apr 27, 2021 | 106 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Timothy A. Cook - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Apr 27, 2021 | 107 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Ravi Kumar Nithiyanandam on May 25, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 108 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Eswaraiah Sajja on May 27, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 109 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Shyam Kiran Babu on June 1, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 110 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Rajeshwar Reddy on June 3, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 111 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of K. Narendar on June 10, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 112 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Srinivasan Thirumalai Rajan on June 11, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 113 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Sarath Chandra Peddu on June 15, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 114 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of K. Anusha on June 17, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 115 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Kondal Reddy Bairy on June 22, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 116 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Sheker Reddy Alikicherla on June 24, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 27, 2021 | 117 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Vamsikanth Appikonda on June 29, 2021 filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 26, 2021 | 105 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Katherine P. Kieckhafer, Benjamin I. Dach and Gerard A. Salvatore - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Apr 13, 2021 | 104 | Redacted Document (3) Docket Text: REDACTED VERSION of [100] Notice of Service by Exelixis, Inc.. (Raucci, Anthony) |
| Apr 12, 2021 | 103 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Fourth Set of Requests for the Production of Documents and Things filed by Exelixis, Inc..(Raucci, Anthony) |
| Apr 9, 2021 | 102 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Second Set of Requests for the Production of Documents and Things to Plaintiff (Nos. 56-82); (ii) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.'s First Set of Joint Requests for Admission to Plaintiff (Nos. 1-46); and, (iii) MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.'s Second Set of Interrogatories to Plaintiff (Nos. 1332) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Apr 7, 2021 | 101 | Answer to Counterclaim (12) Docket Text: ANSWER to [96] First Amended Answer to Counterclaim, by Exelixis, Inc..(Raucci, Anthony) Modified on 4/7/2021 (nms). |
| Apr 1, 2021 | 98 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Privilege Log [MSNCABO_PRIV_00001-MSNCABO_PRIV_00108] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Apr 1, 2021 | 99 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Privilege Log filed by Exelixis, Inc..(Raucci, Anthony) |
| Mar 24, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re: D.I. [95] Stipulation regarding Defendants First Amended Answer and Counterclaims. On or before close of business on March 24, 2021, Defendants shall file the First Amended Answer and Counterclaims attaching the 549 patent as an exhibit thereto pursuant to D. Del. L.R. 3.2. Signed by Judge Sherry R. Fallon on 3/24/2021. (lih) |
| Mar 24, 2021 | N/A | Patent Report Notice (0) Docket Text: PATENT REPORT NOTICE re [96] Amended Answer: Please note that if patents are being added to this case, the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (lih) |
| Mar 24, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Docket clerk has removed the patent report previously attached to D.I. [96]. Counsel is advised to file the patent report separately using the appropriate event code. (lih) |
| Mar 24, 2021 | 96 | Main Document (24) Docket Text: First Amended ANSWER to [9] Answer to Complaint, Counterclaim by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit A)(Gattuso, Dominick) Modified on 3/24/2021 (lih). |
| Mar 24, 2021 | 96 | Exhibit A (48) |
| Mar 24, 2021 | 97 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,809,549 B2 . (Gattuso, Dominick) |
| Mar 23, 2021 | 95 | Main Document (4) Docket Text: STIPULATION regarding Defendants' First Amended Answer and Counterlcaims by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit A-B)(Gattuso, Dominick) Modified on 3/23/2021 (lih). |
| Mar 23, 2021 | 95 | Exhibit A-B (50) |
| Mar 4, 2021 | 94 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff's Third Set of Interrogatories [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Mar 1, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER- Due to a conflict with the courts calendar, IT IS HEREBY ORDERED that the status teleconference previously set in this matter for 7/28/2021 is RESCHEDULED to 7/20/2021 at 11:30 AM before Judge Sherry R. Fallon. Ordered by Judge Sherry R. Fallon on 3/1/2021. (lih) |
| Feb 26, 2021 | 88 | Main Document (6) Docket Text: REDACTED VERSION of [78] Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) Modified on 2/26/2021 (lih). |
| Feb 26, 2021 | 88 | Exhibit Certificate of Service (1) |
| Feb 26, 2021 | 89 | Main Document (6) Docket Text: REDACTED VERSION of [82] Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) Modified on 2/26/2021 (lih). |
| Feb 26, 2021 | 89 | Exhibit Certificate of Service (1) |
| Feb 26, 2021 | 90 | Main Document (6) Docket Text: REDACTED VERSION of [79] Declaration, by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Certificate of Service)(Gattuso, Dominick) Modified on 2/26/2021 (lih). |
| Feb 26, 2021 | 90 | Exhibit Certificate of Service (1) |
| Feb 26, 2021 | 91 | Main Document (5) Docket Text: REDACTED VERSION of [84] Declaration by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibits 1-8, # (2) Certificate of Service)(Gattuso, Dominick) Modified on 2/26/2021 (lih). |
| Feb 26, 2021 | 91 | Exhibit Exs. 1-8 (24) |
| Feb 26, 2021 | 91 | Exhibit Certificate of Service (1) |
| Feb 26, 2021 | 92 | Main Document (2) Docket Text: REDACTED VERSION of [80] Declaration by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit Certificate of Service)(Gattuso, Dominick) Modified on 2/26/2021 (lih). |
| Feb 26, 2021 | 92 | Exhibit A (1) |
| Feb 26, 2021 | 92 | Exhibit Certificate of Service (1) |
| Feb 26, 2021 | 93 | Main Document (2) Docket Text: REDACTED VERSION of [83] Declaration by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit Ex. A, # (2) Exhibit Certificate of Service)(Gattuso, Dominick) Modified on 2/26/2021 (lih). |
| Feb 26, 2021 | 93 | Exhibit Ex. A (1) |
| Feb 26, 2021 | 93 | Exhibit Certificate of Service (1) |
| Feb 25, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The redacted version of D.I. [76] has been deleted due to document being filed incorrectly. Counsel is advised to re-file the document using the correct event code. (lih) |
| Feb 25, 2021 | 86 | Main Document (6) Docket Text: REDACTED VERSION of [75] Letter by Exelixis, Inc.. (Attachments: # (1) Exhibit A-H, # (2) Text of Proposed Order)(Raucci, Anthony) |
| Feb 25, 2021 | 86 | Exhibit A-H (79) |
| Feb 25, 2021 | 86 | Text of Proposed Order (1) |
| Feb 25, 2021 | 87 | Redacted Document (3) Docket Text: REDACTED VERSION of [76] Declaration by Exelixis, Inc.. (Raucci, Anthony) Modified on 2/25/2021 (lih). |
| Feb 23, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER- re [72] MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the discovery dispute teleconference held on 2/23/2021 shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 2/23/2021. (lih) |
| Feb 22, 2021 | 85 | Letter (1) Docket Text: Letter to The Honorable Sherry R. Fallon, from Anthony D. Raucci, regarding corrections to discovery briefing. (Raucci, Anthony) Modified on 2/23/2021 (nms). |
| Feb 19, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER STRIKING D.I. [81] Declaration of Kondal Reddy Bairy, Ph.D. The declaration as submitted is in the nature of an expert declaration and is not appropriate for the abbreviated nature of a discovery dispute teleconference. MSN may submit an amended declaration, limited to no more than five (5) pages, with attachments limited to no more than twenty-five (25) pages to address the relevance of the discovery requested by Exelixis. Any amended declaration must be submitted no later than close of business on February 19, 2021. Ordered by Judge Sherry R. Fallon on 2/19/2021. (lih) |
| Feb 19, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [74] MOTION for Pro Hac Vice Appearance of Attorney Kevin S. Prussia. Signed by Judge Sherry R. Fallon on 2/19/2021. (lih) |
| Feb 19, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER STRIKING D.I. [81] Declaration of Kondal Reddy Bairy, Ph.D. The declaration as submitted is in the nature of an expert declaration and is not appropriate for the abbreviated nature of a discovery dispute teleconference. MSN may submit an amended declaration, limited to no more than five (5) pages, with attachments limited to no more than twenty-five (25) pages to address the relevance of the discovery requested by Exelixis. Any amended declaration must be submitted no later than close of business on February 19, 2021. Ordered by Judge Sherry R. Fallon on 2/19/2021. (lih) |
| Feb 19, 2021 | 314 | SO ORDERED (2) Docket Text: SO ORDERED- re [74] MOTION for Pro Hac Vice Appearance of Attorney Kevin S. Prussia. Signed by Judge Sherry R. Fallon on 2/19/2021. (lih) |
| Feb 18, 2021 | 74 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kevin S. Prussia - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Feb 18, 2021 | 77 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Objections and Responses to Plaintiff Exelixis, Inc.'s Third Set of Requests for the Production of Documents and Things (Nos. 72-81) [Confidential] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Feb 15, 2021 | 73 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s First Supplemental Objections and Responses to Plaintiff's Interrogatory No.1 and Second Supplemental Objections and Responses to Plaintiff's Interrogatory No. 5 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jan 21, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [72] MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 2/23/2021 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 2/18/2021, Responsive submission due by no later than 11:00 AM on 2/19/2021.) Signed by Judge Sherry R. Fallon on 1/21/2021. (lih) |
| Jan 20, 2021 | 72 | Motion for Miscellaneous Relief (4) Docket Text: MOTION for Teleconference to Resolve Discovery Dispute - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Jan 19, 2021 | 71 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.s Third Set of Interrogatories; and (2) Plaintiff Exelixis, Inc.s Third Set of Request for the Production of Documents and Things filed by Exelixis, Inc..(Raucci, Anthony) |
| Nov 10, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- granting [70] Letter request to vacate claim construction deadlines. Ordered by Judge Sherry R. Fallon on 11/10/2020. (lih) |
| Nov 10, 2020 | 70 | Letter (2) Docket Text: Letter to The Honorable Sherry R. Fallon from Anthony D. Raucci regarding claim construction. (Raucci, Anthony) |
| Oct 23, 2020 | 69 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Claim Construction Disclosure filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Oct 22, 2020 | 68 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Disclosure with Respect to Claim Constructions filed by Exelixis, Inc..(Raucci, Anthony) |
| Oct 21, 2020 | 67 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limiteds and MSN Pharmaceuticals, Inc.s [Confidential] First Supplemental Objections and Responses to Plaintiffs Interrogatories (Nos. 3-5) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Oct 14, 2020 | 66 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limiteds and MSN Pharmaceuticals, Inc.s Third Amended Initial ESI Disclosures filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Oct 9, 2020 | 65 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixiss Responses and Objections to MSNs First Set of Interrogatories (Nos. 1-12) filed by Exelixis, Inc..(Raucci, Anthony) |
| Oct 8, 2020 | 63 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Identification of Terms/Phrases for Construction filed by Exelixis, Inc..(Raucci, Anthony) |
| Oct 8, 2020 | 64 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSNs Preliminary Disclosure of Claim Terms for Construction filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Sep 30, 2020 | 62 | Transcript (45) Docket Text: Official Transcript of Telephone Conference held on 9/23/20 before Judge Sherry R. Fallon. Court Reporter Jennifer Guy,Email: Jenniferguyrpr@gmail.com. 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 10/21/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/29/2020. (Triozzi, Heather) |
| Sep 29, 2020 | 61 | Main Document (4) Docket Text: REDACTED VERSION of [59] Letter by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gattuso, Dominick) Modified on 9/29/2020 (lih). |
| Sep 29, 2020 | 61 | Exhibit 1 (47) |
| Sep 29, 2020 | 61 | Exhibit 2 (2) |
| Sep 28, 2020 | 60 | Main Document (5) Docket Text: REDACTED VERSION of [58] Declaration by Exelixis, Inc.. (Attachments: # (1) Exhibits A-O)(Raucci, Anthony) |
| Sep 28, 2020 | 60 | Exhibits A-O (203) |
| Sep 23, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 60 has been removed from the docket. The certificate of service filed at that entry has been added to D.I. [59]. As the filing lacked a case caption it could not be filed independently on the docket as it initially was. (nms) |
| Sep 23, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 9/23/2020. (Court Reporter J. Guy.) (lih) |
| Sep 23, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- re [47] Joint MOTION for Teleconference to Resolve Discovery Dispute. The transcript of the teleconference held on 9/23/2020 shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 9/23/2020. (lih) |
| Sep 23, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 9/23/2020. (Court Reporter J. Guy.) (lih) |
| Sep 23, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 60 has been removed from the docket. The certificate of service filed at that entry has been added to D.I. [59]. As the filing lacked a case caption it could not be filed independently on the docket as it initially was. (nms) |
| Sep 21, 2020 | 57 | Main Document (6) Docket Text: Letter to The Honorable Sherry R. Fallon from Anthony D. Raucci regarding discovery dispute. (Attachments: # (1) Text of Proposed Order)(Raucci, Anthony) |
| Sep 21, 2020 | 57 | Text of Proposed Order (2) |
| Sep 18, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: At the request of the parties, the teleconference scheduled for 9/21/20 at 1:00 PM Eastern Time with Judge Thynge has been rescheduled to 6/28/2021 at 10:00 AM Eastern Time. Ordered by Judge Mary Pat Thynge on 9/18/20. (cak) |
| Sep 14, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [55] Letter. In preparation for the discovery dispute teleconference set in this matter for September 23, 2020, the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 9/21/2020, Responsive submission due by no later than 11:00 AM on 9/22/2020.) Ordered by Judge Sherry R. Fallon on 9/14/2020. (lih) |
| Sep 14, 2020 | 55 | Letter (2) Docket Text: Letter to The Honorable Sherry R. Fallon from Anthony D. Raucci regarding discovery dispute teleconference. (Raucci, Anthony) |
| Sep 8, 2020 | 54 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Second Amended Initial ESI Disclosures filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Aug 31, 2020 | 53 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Initial Invalidity Contentions for U.S. Patent Nos. 7,579,473 AND 8,497,284 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Aug 26, 2020 | 52 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Responses and Objections to Defendants First Set of Requests for the Production of Documents and Things (Nos. 1-58) filed by Exelixis, Inc..(Raucci, Anthony) |
| Aug 17, 2020 | 51 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of of (i) MSN Pharmaceuticals Inc and MSN Laboratories Private Limiteds Objections and Responses to Plaintiff Exelixis Inc.s Second Set Of Requests For The Production Of Documents And Things (Nos. 53-71) [CONFIDENTIAL]; and, (ii) MSNs Responses to Plaintiff Exelixis, Inc.s Second Set Of Interrogatories (Nos. 14-16) [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Aug 5, 2020 | 50 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Interrogatories to Plaintiff (Nos. 1-12) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jul 30, 2020 | 48 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis, Inc.s Initial Infringement Contentions filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 30, 2020 | 49 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s First Amended Initial ESI Disclosures; (ii) MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s First Amended Initial Disclosures Pursuant to Rule 26(a)(1); and (iii) MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s First Amended Objections and Responses to Plaintiffs First Set of Interrogatories filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jul 28, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- re [47] Joint MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 9/23/2020 at 11:00 AM before Judge Sherry R. Fallon. On or before noon on September 14, 2020, the parties shall submit a Joint Letter that outlines the proposed agenda for issues to be raised during the September 23, 2020 teleconference, confirms that the parties have met and conferred and specifies whether simultaneous submissions are requested. Ordered by Judge Sherry R. Fallon on 7/28/2020. (lih) |
| Jul 27, 2020 | 47 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Jul 21, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- granting (22 in 1:20-cv-00633-RGA-SRF) Letter Request to Consolidate Cases. Signed by Judge Sherry R. Fallon on 7/21/2020. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:20-cv-00633-RGA-SRF(lih) |
| Jul 21, 2020 | 46 | Main Document (11) Docket Text: REVISED SCHEDULING ORDER: Joinder of Parties due by 11/12/2020. Amended Pleadings due by 11/12/2020. Fact Discovery completed by 7/8/2021. Expert Discovery due by 12/17/2021. A Status Conference is set for 7/28/2021 at 11:00 AM before Judge Sherry R. Fallon Status Report due by 7/22/2021. A Markman Hearing is set for 3/16/2021 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Proposed Pretrial Order due by 4/18/2022. A Pretrial Conference is set for 5/6/2022 at 09:00 AM in Courtroom 6A before Judge Richard G. Andrews. A 5-day Bench Trial is to begin on 5/16/2022 at 09:30 AM in Courtroom 6A before Judge Richard G. Andrews. (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 7/21/2020. (Attachments: # (1) Exhibit A) (lih) |
| Jul 21, 2020 | 46 | Exhibit A (2) |
| Jul 20, 2020 | 45 | Main Document (11) Docket Text: Revised Proposed Scheduling Order by Exelixis, Inc.. (Attachments: # (1) Appendix A, # (2) Letter to The Honorable Sherry R. Fallon)(Raucci, Anthony) Modified on 7/21/2020 (lih). |
| Jul 20, 2020 | 45 | Appendix A (2) |
| Jul 20, 2020 | 45 | Letter to The Honorable Sherry R. Fallon (1) |
| Jul 17, 2020 | 44 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.s Second Set of Interrogatories (Nos. 14-16); and (2) Plaintiff Exelixis, Inc.s Second Set of Requests for the Production of Documents and Things (Nos. 53-71) filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 15, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Scheduling Telephone Conference held on 7/15/2020. (Court Reporter S. Ingram (Hawkins Reporting).) Associated Cases: 1:19-cv-02017-RGA-SRF, 1:20-cv-00633-RGA-SRF(lih) |
| Jul 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- IT IS HEREBY ORDERED that counsel shall submit a joint revised scheduling order on or before 7/20/2020. Ordered by Judge Sherry R. Fallon on 7/15/2020. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:20-cv-00633-RGA-SRF(lih) |
| Jul 15, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re (20 in 1:20-cv-00633-RGA-SRF, 43 in 1:19-cv-02017-RGA-SRF) PROPOSED Order for Discovery, Including Discovery of Electronically Stored Information ("ESI"). Signed by Judge Sherry R. Fallon on 7/15/2020. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:20-cv-00633-RGA-SRF(lih) |
| Jul 15, 2020 | 43 | Proposed Order (11) Docket Text: PROPOSED Order for Discovery, Including Discovery of Electronically Stored Information ("ESI"), by Exelixis, Inc.. (Raucci, Anthony) Modified on 7/15/2020 (nms). |
| Jul 13, 2020 | 42 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s First Set of Requests for the Production of Documents and Things to Plaintiff (Nos. 1-55) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jul 2, 2020 | 40 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.s Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery; (2) Plaintiff Exelixis, Inc.s Paragraph 4a Disclosures Under the Default Standard for Discovery; and (3) Plaintiff Exelixis, Inc.s Rule 26(a) Initial Disclosures filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 2, 2020 | 41 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Initial Disclosures Pursuant to 26(a)(1) and, (ii) MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Initial ESI Disclosures filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jun 30, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER SETTING RULE 16(b) CONFERENCE- re (16 in 1:20-cv-00633-RGA-SRF) Proposed Scheduling Order. IT IS HEREBY ORDERED that: (1) A scheduling teleconference pursuant to Fed. R. Civ. P. 16(b) is set for 7/15/2020 at 11:00 AM. Ordered by Judge Sherry R. Fallon on 6/30/2020. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:20-cv-00633-RGA-SRF(lih) |
| Jun 29, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Docket clerk has deleted the proposed order previously attached to D.I. [38] due to the document being filed incorrectly. Counsel is advised to refile the document separately using the appropriate event code. Associated Cases: 1:19-cv-02017-RGA-SRF, 1:20-cv-00633-RGA-SRF(lih) |
| Jun 29, 2020 | 39 | Proposed Order (15) Docket Text: PROPOSED Scheduling Order, by Exelixis, Inc.. (Raucci, Anthony) Modified on 6/29/2020 (lih). Modified on 6/29/2020 (nms). |
| Jun 26, 2020 | 38 | Main Document (1) Docket Text: Letter to The Honorable Sherry R. Fallon from Anthony D. Raucci regarding Proposed Scheduling Order - re (35 in 1:19-cv-02017-RGA-SRF, 11 in 1:20-cv-00633-RGA-SRF) Order. (Raucci, Anthony) Modified on 6/29/2020 (lih). |
| Jun 26, 2020 | 38 | Text of Proposed Order [Proposed] Scheduling Order (15) |
| Jun 25, 2020 | 37 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Initial Invalidity Contentions for U.S. Patent No. 8,877,776 [with Exhibit A] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| Jun 17, 2020 | 36 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s Objections and Response To Plaintiffs First Set of Interrogatories, and (ii) MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.s First Set of Requests for the Production of Documents and Things filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Gattuso, Dominick) |
| May 28, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin E. Warner for MSN Laboratories Private Limited, for MSN 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. (myr) |
| May 28, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin E. Warner for MSN Laboratories Private Limited, for MSN 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. (myr) |
| May 27, 2020 | 35 | Order (2) Docket Text: ORDER regarding coordinated markman and discovery proceedings. Signed by Judge Sherry R. Fallon on 5/27/2020. (lih) |
| May 14, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: Counsel for Plaintiff to initiate the call. A Telephone Conference is set for 9/21/2020 at 1:00 PM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Ordered by Judge Mary Pat Thynge on 5/14/20. (cak) |
| May 14, 2020 | 34 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Exelixis, Inc.'s Initial Infringement Contentions filed by Exelixis, Inc..(Raucci, Anthony) |
| May 13, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [24] Order Setting Teleconference: The teleconference scheduled for 5/19/20 at 11:00 AM Eastern Time is cancelled and will be rescheduled at a later date. Ordered by Judge Mary Pat Thynge on 5/13/20. (cak) |
| Apr 22, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Jason Z. Pesick for MSN Laboratories Private Limited and MSN 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) |
| Apr 22, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Bryce A. Cooper for MSN Laboratories Private Limited and MSN 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) |
| Apr 22, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Noorossadat Torabi for MSN Laboratories Private Limited and MSN 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) |
| Apr 21, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [31] MOTION for Pro Hac Vice Appearance of Attorney George C. Lombardi, Bryce A. Cooper, Kevin E. Warner, Jason Z. Pesick, and Noorossadat Torabi. Signed by Judge Sherry R. Fallon on 4/21/2020. (lih) |
| Apr 21, 2020 | 30 | Notice of Substitution of Counsel (2) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.: Entry of appearance of attorney Dominick T. Gattuso. Attorney Stamatios Stamoulis terminated. (Gattuso, Dominick) |
| Apr 21, 2020 | 31 | Motion for Leave to Appear Pro Hac Vice (8) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney George C. Lombardi, Bryce A. Cooper, Kevin E. Warner, Jason Z. Pesick, and Noorossadat Torabi - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. Motions referred to Sherry R. Fallon.(Gattuso, Dominick) |
| Mar 30, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Ronald M. Daignault,Richard Juang for MSN Laboratories Private Limited,Ronald M. Daignault,Richard Juang for MSN 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) |
| Mar 4, 2020 | 29 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.'s First Set of Requests for the Production of Documents and Things and (2) Plaintiff Exelixis, Inc.'s First Set of Interrogatories filed by Exelixis, Inc..(Raucci, Anthony) |
| Feb 27, 2020 | 28 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Disclosure Pursuant to Paragraph 4a of the Delaware Default Standard for Discovery filed by Exelixis, Inc..(Blumenfeld, Jack) |
| Feb 19, 2020 | 27 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Initial ESI Disclosures filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Stamoulis, Stamatios) |
| Feb 7, 2020 | 26 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Rule 26(a) Initial Disclosures filed by Exelixis, Inc..(Raucci, Anthony) |
| Feb 5, 2020 | 25 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Initial Disclosures Pursuant to Rule 26(a)(1) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Stamoulis, Stamatios) |
| Feb 3, 2020 | 23 | Transcript (11) Docket Text: Official Transcript of Scheduling Conference Teleconference held on 01/16/20 before Judge Sherry R. Fallon. Court Reporter/Transcriber Jennifer Guy,Email: jenniferguyrpr@gmail.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020. (Triozzi, Heather) |
| Feb 3, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 5/19/2020 at 11:00 AM Eastern Time with Judge Mary Pat Thynge to discuss the parties' interest in and timing of mediation. Ordered by Judge Mary Pat Thynge on 2/3/20. (cak) |
| Jan 22, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # [17]. (lih) |
| Jan 22, 2020 | 22 | Redacted Document (1) Docket Text: REDACTED VERSION of [17] Letter by Exelixis, Inc.. (Blumenfeld, Jack) |
| Jan 22, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # [17]. (lih) |
| Jan 21, 2020 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
| Jan 21, 2020 | 21 | Order Setting Teleconference (4) Docket Text: ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 2/3/2020 at 10:30 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 1/21/20. (cak) |
| Jan 17, 2020 | 19 | Main Document (10) Docket Text: PROPOSED Scheduling Order, by Exelixis, Inc.. (Attachments: # (1) Appendix A, # (2) Letter)(Blumenfeld, Jack) Modified on 1/17/2020 (nms). |
| Jan 17, 2020 | 19 | Appendix A to Scheduling Order (2) |
| Jan 17, 2020 | 19 | Letter to The Honorable Sherry R. Fallon (1) |
| Jan 17, 2020 | 20 | Scheduling Order (12) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/7/2020. Amended Pleadings due by 8/7/2020. Discovery due by 11/12/2021. Fact Discovery completed by 5/14/2021. Opening Expert Reports due by 7/29/2021. Rebuttal Expert Reports due by 9/16/2021. Expert Discovery due by 11/12/2021. A Status Conference is set for 6/9/2021 at 02:00 PM before Judge Sherry R. Fallon Status Report due by 6/3/2021. Claim Construction Opening Brief due by 9/24/2020. Claim Construction Answering Brief due by 10/23/2020. Claim Construction Reply Brief due by 11/19/2020. Claim Construction Surreply Brief due by 12/10/2020. A Markman Hearing is set for 1/20/2021 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Proposed Pretrial Order due by 3/24/2022. A Pretrial Conference is set for 4/8/2022 at 09:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Bench Trial is set for 4/18/2022 at 08:30 AM in Courtroom 6A before Judge Richard G. Andrews.. Signed by Judge Sherry R. Fallon on 1/17/2020. (Polito, Rebecca) |
| Jan 16, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Sherry R. Fallon - Scheduling Telephone Conference held on 1/16/2020. (Court Reporter J. Guy.) (lih) |
| Jan 14, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER- granting [18] Letter Request. Counsel for the plaintiff shall initiate the call to 302-573-4557. Ordered by Judge Sherry R. Fallon on 1/14/2020. (lih) |
| Jan 14, 2020 | 18 | Letter (1) Docket Text: Letter to The Honorable Sherry R. Fallon from Jack B. Blumenfeld regarding request that January 16, 2020 scheduling conference be held by phone. (Blumenfeld, Jack) |
| Jan 13, 2020 | 16 | Proposed Order (13) Docket Text: PROPOSED Scheduling Order, by Exelixis, Inc.. (Blumenfeld, Jack) Modified on 1/14/2020 (nms). |
| Jan 8, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [15] MOTION for Pro Hac Vice Appearance of Attorney Ronald M. Daignault and Richard Juang. Signed by Judge Sherry R. Fallon on 1/8/2020. (lih) |
| Jan 7, 2020 | 15 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ronald M. Daignault and Richard Juang - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. Motions referred to Sherry R. Fallon.(Stamoulis, Stamatios) |
| Dec 18, 2019 | N/A | Oral Order (0) Docket Text: Oral Order Setting Rule 16 Scheduling Conference: IT IS HEREBY ORDERED that: (1) a Scheduling Conference pursuant to Fed. R. Civ. P. 16(b) is set for 1/16/2020 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. (2) The parties are required to prepare for the conference by conferring on all matters under Rule 16 and D. Del. LR 16 and shall submit a proposed Scheduling Order to the Court no later than 1/13/2020. The Court's form of scheduling order is posted at http://www.ded.uscourts.gov (see Chambers, Judge Fallon, Forms). If the parties have any suggestions or modifications to the standard Scheduling Order, they may be included in the proposed order for consideration by the Court. (3) If any disputed issue exists regarding the proposed Scheduling Order, it shall be noted therein, along with the parties proposed language on the issue for consideration by the Court. Ordered by Judge Sherry R. Fallon on 12/18/2019. (lih) |
| Dec 18, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [14] MOTION for Pro Hac Vice Appearance of Attorney Stephanie Neely. Signed by Judge Sherry R. Fallon on 12/18/2019. (lih) |
| Dec 18, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin J. O'Brien for Exelixis, 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. (myr) |
| Dec 18, 2019 | 14 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Stephanie Neely - filed by Exelixis, Inc.. Motions referred to Sherry R. Fallon.(Raucci, Anthony) |
| Dec 13, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [12] PROPOSED Stipulated Protective Order. Signed by Judge Sherry R. Fallon on 12/13/2019. (lih) |
| Dec 11, 2019 | 13 | Answer to Counterclaim (9) Docket Text: ANSWER to [9] Answer to Complaint, Counterclaim by Exelixis, Inc..(Raucci, Anthony) |
| Dec 6, 2019 | 12 | Proposed Order (22) Docket Text: PROPOSED Stipulated Protective Order, by Exelixis, Inc.. (Raucci, Anthony) Modified on 12/9/2019 (nms). |
| Nov 21, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The disclosure statement filed at D.I. 10 has been removed from the docket as it was filed using the incorrect code. Counsel is to refile the document using the "Disclosure Statement - Rule 7.1" filing code. (nms) |
| Nov 21, 2019 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: The case is now referred to Magistrate Judge Sherry R. Fallon for all purposes through the case dispositive motion deadline. Ordered by Judge Richard G. Andrews on 11/21/2019. (nms) |
| Nov 21, 2019 | 11 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MSN Laboratories Pvt. Ltd. for MSN Pharmaceuticals Inc. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc.. (Stamoulis, Stamatios) |
| Nov 20, 2019 | 9 | Answer to Complaint (17) Docket Text: ANSWER to [1] Complaint, and COUNTERCLAIMS against Exelixis, Inc., by MSN Laboratories Private Limited, MSN Pharmaceuticals Inc..(Stamoulis, Stamatios) Modified on 11/21/2019 (nms). |
| Nov 6, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Nov 6, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [8] MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Lisa J. Pirozzolo, Emily R. Whelan, Robert M. Galvin, and Kevin J. O'Brien, filed by Exelixis, Inc.. Signed by Judge Richard G. Andrews on 11/6/2019. (nms) |
| Nov 6, 2019 | 8 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Lisa J. Pirozzolo, Emily R. Whelan, Robert M. Galvin, and Kevin J. O'Brien - filed by Exelixis, Inc.. (Blumenfeld, Jack) |
| Nov 4, 2019 | 7 | Affidavit of Service (9) Docket Text: AFFIDAVIT of Service for Summons, Complaint and related papers served on MSN Laboratories Private Limited on November 4, 2019, filed by Exelixis, Inc.. (Blumenfeld, Jack) |
| Nov 1, 2019 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Exelixis, Inc.. MSN Pharmaceuticals Inc. served on 11/1/2019, answer due 11/22/2019. (Blumenfeld, Jack) |
| Oct 29, 2019 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to MSN Laboratories Private Limited on 10/29/2019; MSN Pharmaceuticals Inc. on 10/29/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg) |
| Oct 29, 2019 | 1 | Main Document (9) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed against MSN Laboratories Private Limited, MSN Pharmaceuticals Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2765987.) - filed by Exelixis, Inc. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(nmg) |
| Oct 29, 2019 | 1 | Exhibit A (47) |
| Oct 29, 2019 | 1 | Civil Cover Sheet (1) |
| Oct 29, 2019 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Oct 29, 2019 | 3 | ANDA Form (1) Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 9/25/2019. Date of Expiration of Patent: 10/8/2030.Thirty Month Stay Deadline: 3/25/2022. (nmg) |
| Oct 29, 2019 | 4 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,877,776 B2. (nmg) |
| Oct 29, 2019 | 5 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Exelixis, Inc. (nmg) |
| Oct 29, 2019 | 1 | Complaint* (1) |
