Case number 1:22-cv-00228
Exelixis, Inc. v. MSN Laboratories Private Limited et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 10, 2025 | 195 | MANDATE of USCA (as to 2025-1241 only) as to 191 Notice of Cross Appeal, filed by Exelixis, Inc.. USCA Decision: Exelixis, Inc.'s cross-appeal, 2025-1241, is DISMISSED under Fed. R. App. P. 42(b). Each side shall bear their own costs. (nms) (Entered: 06/10/2025) (2) |
| Dec 3, 2024 | 193 | TRANSCRIPT REQUEST by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. (Gattuso, Dominick) (Entered: 12/03/2024) (1) |
| Dec 3, 2024 | 194 | NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 191 Notice of Cross Appeal, filed by Exelixis, Inc.. USCA Case Number 2025-1241. (nms) (Entered: 12/03/2024) (4) |
| Dec 2, 2024 | 192 | NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 190 Notice of Appeal (Federal Circuit), filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. USCA Case Number 2025-1236. (nms) (Entered: 12/02/2024) (4) |
| Nov 26, 2024 | 191 | Notice of Appeal* (1) |
| Nov 22, 2024 | 190 | Notice of Appeal* (1) |
| Oct 23, 2024 | 188 | FINAL JUDGMENT (see Judgment for further details) (CASE CLOSED). Signed by Judge Richard G. Andrews on 10/23/2024. (nms) (Entered: 10/23/2024) (5) |
| Oct 23, 2024 | 189 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,091,439 B2; 11,091,440 B22; 11,098,515 B2. (Attachments: # 1 Final Judgment)(nms) (Entered: 10/23/2024) (0) |
| Oct 22, 2024 | 187 | PROPOSED Final Judgment, by Exelixis, Inc.. (Attachments: # 1 Letter)(Raucci, Anthony) Modified on 10/22/2024 (nms). (Entered: 10/22/2024) (0) |
| Oct 15, 2024 | 186 | TRIAL OPINION: For the foregoing reasons, I find the asserted claim of the '349 patent not infringed and not invalid. I find the asserted claims of the Malate Salt Patents not invalid. The parties shall submit a final judgment consistent with this trial opinion within one week (see Opinion for further details). Signed by Judge Richard G. Andrews on 10/15/2024. (nms) (Entered: 10/15/2024) (67) |
| Oct 7, 2024 | 183 | Joint Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, regarding the Court's October 3, 2024 Oral Order (D.I. 182 ). (Raucci, Anthony) Modified on 10/7/2024 (nms). (Entered: 10/07/2024) (2) |
| Oct 7, 2024 | 184 | NOTICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Request for Judicial Notice by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. re 182 Oral Order,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gattuso, Dominick) (Entered: 10/07/2024) (0) |
| Oct 7, 2024 | 185 | Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, regarding Exelixis' response to MSN's request for judicial notice (D.I. 184 ). (Raucci, Anthony) Modified on 10/8/2024 (nms). (Entered: 10/07/2024) (2) |
| Oct 3, 2024 | 182 | ORAL ORDER: There are references in the trial record to Exelixis N-1 and N-2, MSNs form S, Mylans M-1, M-2, M-3, and M-4, and Ciplas C-2, C-3, C-4, and C-5, as cabozantinib (L) malate salts. Is there any reference in the trial record to Ciplas C-1? There are also references to tapped density. Is tapped density ever defined in the trial record? The parties are directed to respond by COB October 7, 2024, and, if there are any such references or definitions, to identify them and cite where they occur. Ordered by Judge Richard G. Andrews on 10/3/2024. (nms) (Entered: 10/03/2024) (0) |
| Jun 13, 2024 | 181 | NOTICE requesting Clerk to remove Kevin M. Yurkerwich as co-counsel.. (Raucci, Anthony) (Entered: 06/13/2024) (3) |
| Feb 27, 2024 | 180 | Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., enclosing hyperlinked post-trial documents. (Gattuso, Dominick) Modified on 2/27/2024 (nms). (Entered: 02/27/2024) (1) |
| Feb 26, 2024 | 179 | Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, regarding hyperlinked versions of Plaintiff's post-trial briefing and findings of fact. (Raucci, Anthony) Modified on 2/26/2024 (nms). (Entered: 02/26/2024) (2) |
| Feb 20, 2024 | 177 | Reply Post-Trial Brief on Invalidity, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 2/20/2024 (nms). (Entered: 02/20/2024) (30) |
| Feb 20, 2024 | 178 | Reply Post-Trial Brief on Infringement of U.S. Patent No. 11,298,349, by Exelixis, Inc.. (Raucci, Anthony) Modified on 2/20/2024 (nms). (Entered: 02/20/2024) (13) |
| Jan 23, 2024 | 173 | RESPONSIVE Post-Trial Brief on Noninfringement, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 1/23/2024 (nms). (Entered: 01/23/2024) (28) |
| Jan 23, 2024 | 174 | Proposed Findings of Fact, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 1/23/2024 (nms). (Entered: 01/23/2024) (15) |
| Jan 23, 2024 | 175 | RESPONSIVE Post-Trial Brief, by Exelixis, Inc.. (Raucci, Anthony) Modified on 1/23/2024 (nms). (Entered: 01/23/2024) (30) |
| Jan 23, 2024 | 176 | Proposed Findings of Fact, by Exelixis, Inc.. (Raucci, Anthony) Modified on 1/23/2024 (nms). (Entered: 01/23/2024) (30) |
| Jan 22, 2024 | 171 | MOTION for Pro Hac Vice Appearance of Attorney Charlotte Geaghan-Breiner - filed by Exelixis, Inc.. (Raucci, Anthony) (Entered: 01/22/2024) (4) |
| Jan 22, 2024 | 172 | Pro Hac Vice Fee - Credit Card Payment received for Charlotte Geaghan-Breiner. ( re 171 MOTION for Pro Hac Vice Appearance of Attorney Charlotte Geaghan-Breiner )( Payment of $ 50, receipt number ADEDC-4319062).(Raucci, Anthony) (Entered: 01/22/2024) (0) |
| Dec 12, 2023 | 167 | Opening Post-Trial Brief on Infringement of U.S. Patent No. 11,298,349, by Exelixis, Inc.. (Blumenfeld, Jack) Modified on 12/13/2023 (nms). (Entered: 12/12/2023) (22) |
| Dec 12, 2023 | 168 | Proposed Findings of Fact, by Exelixis, Inc.. (Blumenfeld, Jack) Modified on 12/13/2023 (nms). (Entered: 12/12/2023) (19) |
| Dec 12, 2023 | 169 | Opening Post-Trial Brief on Invalidity, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 12/13/2023 (nms). (Entered: 12/12/2023) (30) |
| Dec 12, 2023 | 170 | Proposed Findings of Fact, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 12/13/2023 (nms). (Entered: 12/12/2023) (30) |
| Dec 5, 2023 | 165 | NOTICE of Lodging of Defendants' Trial Demonstratives 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, # 7 Exhibit 7, # 8 Exhibit 8)(Gattuso, Dominick) (Entered: 12/05/2023) (0) |
| Dec 5, 2023 | 166 | NOTICE of Lodging of Trial Demonstratives 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 10, # 11 Exhibit 11, # 12 Exhibit 12)(Raucci, Anthony) (Entered: 12/05/2023) (0) |
| Nov 20, 2023 | 161 | Official Transcript of Bench Trial held on 10/23/23 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 12/11/2023. Redacted Transcript Deadline set for 12/21/2023. Release of Transcript Restriction set for 2/20/2024. (Triozzi, Heather) (Entered: 11/20/2023) (347) |
| Nov 20, 2023 | 162 | Official Transcript of Bench Trial held on 10/24/23 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 12/11/2023. Redacted Transcript Deadline set for 12/21/2023. Release of Transcript Restriction set for 2/20/2024. (Triozzi, Heather) (Entered: 11/20/2023) (357) |
| Nov 20, 2023 | 163 | Official Transcript of Bench Trial held on 10/25/23 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 12/11/2023. Redacted Transcript Deadline set for 12/21/2023. Release of Transcript Restriction set for 2/20/2024. (Triozzi, Heather) (Entered: 11/20/2023) (327) |
| Nov 20, 2023 | 164 | Official Transcript of Bench Trial held on 10/26/23 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 12/11/2023. Redacted Transcript Deadline set for 12/21/2023. Release of Transcript Restriction set for 2/20/2024. (Triozzi, Heather) (Entered: 11/20/2023) (69) |
| Nov 9, 2023 | 159 | SO ORDERED Granting 158 STIPULATION to Extend Time to submit trial transcript errata to November 13, 2023. Signed by Judge Richard G. Andrews on 11/9/2023. (nms) (Entered: 11/09/2023) (1) |
| Nov 9, 2023 | 160 | Exhibit List for bench trial held 10/23/23 - 10/26/23. (lah) (Entered: 11/09/2023) (5) |
| Nov 8, 2023 | 158 | STIPULATION to Extend Time to submit trial transcript errata to November 13, 2023 - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 11/9/2023 (nms). (Entered: 11/08/2023) (1) |
| Oct 29, 2023 | 157 | Official Transcript of Pretrial Conference held on 10/06/23 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 11/20/2023. Redacted Transcript Deadline set for 11/29/2023. Release of Transcript Restriction set for 1/29/2024. (Triozzi, Heather) (Entered: 10/29/2023) (21) |
| Oct 27, 2023 | 153 | REDACTED VERSION of 147 Exhibit to a Document by Exelixis, Inc.. (Attachments: # 1 Exhibits 10a and 10b)(Raucci, Anthony) (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 154 | REDACTED VERSION of 149 Exhibit to a Document by Exelixis, Inc.. (Attachments: # 1 Exhibit 1)(Raucci, Anthony) (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 155 | STIPULATION Regarding Post-Trial Briefing, by Exelixis, Inc.. (Raucci, Anthony) Modified on 10/27/2023 (nms). (Entered: 10/27/2023) (3) |
| Oct 27, 2023 | 156 | SO ORDER Granting 155 Stipulation Regarding Post-Trial Briefing. Signed by Judge Richard G. Andrews on 10/27/2023. (nms) (Entered: 10/27/2023) (3) |
| Oct 25, 2023 | 152 | NOTICE of Appearance by Brendan McDonnell on behalf of MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. (McDonnell, Brendan) (Entered: 10/25/2023) (1) |
| Oct 23, 2023 | 148 | SO ORDERED Granting 146 MOTION for Exemption of Person from the District of Delaware's May 15, 2023 Standing Order on Personal Devices. Signed by Judge Richard G. Andrews on 10/23/2023. (nms) (Entered: 10/23/2023) (2) |
| Oct 23, 2023 | 149 | [SEALED] Amended Exhibit 1 to 124 Proposed Pretrial Order, by Exelixis, Inc.. (Attachments: # 1 Exhibit 1)(Raucci, Anthony) Modified on 10/23/2023 (nms). (Entered: 10/23/2023) (0) |
| Oct 23, 2023 | 150 | MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Proposed Order). (Gattuso, Dominick) Modified on 10/23/2023 (nms). (Entered: 10/23/2023) (0) |
| Oct 23, 2023 | 151 | ORDER Granting 150 MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices. Signed by Judge Richard G. Andrews on 10/23/2023. (nms) (Entered: 10/23/2023) (2) |
| Oct 22, 2023 | 146 | MOTION for Exemption of Person from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Exelixis, Inc..(Raucci, Anthony) Modified on 10/23/2023 (nms). (Entered: 10/22/2023) (2) |
| Oct 22, 2023 | 147 | [SEALED] Amended Exhibits 10a -10b to 124 Proposed Pretrial Order, by Exelixis, Inc.. (Attachments: # 1 Exhibit 10a, # 2 Exhibit 10b)(Raucci, Anthony) Modified on 10/23/2023 (nms). (Entered: 10/22/2023) (0) |
| Oct 20, 2023 | 143 | MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Proposed Order). (Gattuso, Dominick) Modified on 10/20/2023 (nms). (Entered: 10/20/2023) (0) |
| Oct 20, 2023 | 144 | ORDER Granting 143 MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices. Signed by Judge Richard G. Andrews on 10/20/2023. (nms) (Entered: 10/20/2023) (2) |
| Oct 17, 2023 | 141 | MOTION for Exemption of Person from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Exelixis, Inc..(Raucci, Anthony) Modified on 10/17/2023 (nms). (Entered: 10/17/2023) (2) |
| Oct 17, 2023 | 142 | SO ORDERED Granting 141 MOTION for Exemption of Person from the District of Delaware's May 15, 2023 Standing Order on Personal Devices. Signed by Judge Richard G. Andrews on 10/17/2023. (nms) (Entered: 10/17/2023) (2) |
| Oct 16, 2023 | 138 | Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., regarding the narrowing of the defenses MSN will present at trial. (Gattuso, Dominick) Modified on 10/16/2023 (nms). (Entered: 10/16/2023) (1) |
| Oct 16, 2023 | 139 | Letter to The Honorable Richard G. Andrews, from Dominick T. Gattuso, Esq., enclosing expert CV's. (Gattuso, Dominick) Modified on 10/16/2023 (nms). (Entered: 10/16/2023) (1) |
| Oct 16, 2023 | 140 | Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, enclosing CV's for expert witnesses. (Raucci, Anthony) Modified on 10/16/2023 (nms). (Entered: 10/16/2023) (1) |
| Oct 13, 2023 | 135 | REDACTED VERSION of 122 MOTION in Limine to Exclude Testimony From Dr. Lepore Concerning Tablets or Capsule Formulations by Exelixis, Inc.. (Attachments: # 1 Exhibit A-B)(Raucci, Anthony) (Entered: 10/13/2023) (0) |
| Oct 13, 2023 | 136 | REDACTED VERSION of 124 Proposed Pretrial Order by Exelixis, Inc.. (Attachments: # 1 Exhibit 1-12)(Raucci, Anthony) (Entered: 10/13/2023) (0) |
| Oct 13, 2023 | 137 | REDACTED VERSION of 123 MOTION in Limine No. 1, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibits A-C, # 2 Exhibits A-C, # 3 Certificate of Service)(Gattuso, Dominick) Modified on 10/13/2023 (nms). (Entered: 10/13/2023) (0) |
| Oct 11, 2023 | 132 | MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Proposed Order).(Gattuso, Dominick) Modified on 10/11/2023 (nms). (Entered: 10/11/2023) (0) |
| Oct 11, 2023 | 133 | ORDER Granting 132 MOTION for Exemption from the Standing Order Regarding Personal Electronic Devices. Signed by Judge Richard G. Andrews on 10/11/2023. (nms) (Entered: 10/11/2023) (2) |
| Oct 9, 2023 | 131 | STIPULATION and Proposed Order Extending Time to file redacted versions of D.I. 122 , 123 , and 124 to October 13, 2023 - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 10/10/2023 (nms). (Entered: 10/09/2023) (1) |
| Oct 6, 2023 | 130 | ORDER AFTER PRETRIAL CONFERENCE: The Proposed Pretrial Order (D.I. 124 ) is ADOPTED. A bench trial will begin on 10/23/2023, at 8:30 a.m. The motions in limine (D.I. 122 ; D.I. 123 ) were DENIED without prejudice (see Order for further details). Signed by Judge Richard G. Andrews on 10/6/2023. (nms) (Entered: 10/06/2023) (2) |
| Oct 5, 2023 | 128 | MOTION for Limited Exemption from the Standing Order Regarding Personal Electronic Devices - filed by Exelixis, Inc.. (Raucci, Anthony) Modified on 10/5/2023 (nms). (Entered: 10/05/2023) (2) |
| Oct 5, 2023 | 129 | SO ORDERED Granting 128 MOTION for Limited Exemption from the Standing Order Regarding Personal Electronic Devices. Signed by Judge Richard G. Andrews on 10/5/2023. (nms) (Entered: 10/05/2023) (2) |
| Oct 4, 2023 | 126 | Motion for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Proposed Order).(Gattuso, Dominick) Modified on 10/4/2023 (nms). (Entered: 10/04/2023) (0) |
| Oct 4, 2023 | 127 | ORDER Granting 126 Motion for Exemption of Persons from The District of Delaware's May 15, 2023, Standing Order on Personal Devices. Signed by Judge Richard G. Andrews on 10/4/2023. (nms) (Entered: 10/04/2023) (2) |
| Oct 3, 2023 | 125 | NOTICE OF SERVICE of Notice Pursuant to 35 U.S.C. Sec. 282 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 10/03/2023) (2) |
| Oct 2, 2023 | 122 | [SEALED] MOTION in Limine to Exclude Testimony from Dr. Lepore Concerning Tablets or Capsule Formulations - filed by Exelixis, Inc.. (Attachments: # 1 Exhibits A-B)(Raucci, Anthony) Modified on 10/3/2023 (nms). (Attachment 1 replaced on 10/5/2023) (nms). (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | 123 | [SEALED] Motion in Limine No. 1 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibits A-C, # 2 Exhibits A-C, # 3 Certificate of Service)(Gattuso, Dominick) Modified on 10/3/2023 (nms). (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | 124 | [SEALED] Proposed Final Pretrial Order, by Exelixis, Inc.. (Attachments: # 1 Exhibits 1-12)(Raucci, Anthony) Modified on 10/3/2023 (nms). (Entered: 10/02/2023) (0) |
| Sep 29, 2023 | 121 | MOTION for Pro Hac Vice Appearance of Attorney Marissa A. Lalli - filed by Exelixis, Inc.. (Raucci, Anthony) (Entered: 09/29/2023) (4) |
| Sep 28, 2023 | 119 | STIPULATION of Dismissal, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 9/28/2023 (nms). (Entered: 09/28/2023) (2) |
| Sep 28, 2023 | 120 | SO ORDERED Granting 119 Stipulation of Dismissal of certain counterclaims. Signed by Judge Richard G. Andrews on 9/28/2023. (nms) (Entered: 09/28/2023) (2) |
| Sep 27, 2023 | 118 | ORAL ORDER: Due to a scheduling conflict the Pretrial Conference set for 10/6/2023, will now start at 11:30 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 9/27/2023. (nms) (Entered: 09/27/2023) (0) |
| Sep 20, 2023 | 117 | Letter to The Honorable Richard G. Andrews, from Jack B. Blumenfeld, regarding change in lead counsel for PTC and trial. (Blumenfeld, Jack) Modified on 9/20/2023 (nms). (Entered: 09/20/2023) (1) |
| Sep 11, 2023 | 116 | MOTION for Pro Hac Vice Appearance of Attorney Elizabeth E. Grden of Winston & Strawn LLP - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) (Entered: 09/11/2023) (3) |
| Jul 19, 2023 | 115 | MOTION for Pro Hac Vice Appearance of Attorney Jonathan A. Cox - filed by Exelixis, Inc.. (Raucci, Anthony) (Entered: 07/19/2023) (4) |
| Jul 12, 2023 | 113 | NOTICE OF SERVICE of Reply Expert Report of John J. Koleng, Jr., Ph.D. Concerning Infringement of U.S. Patent No. 11,298,349 - filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 07/12/2023) (3) |
| Jul 12, 2023 | 114 | NOTICE OF SERVICE of (i) Reply Expert Report of Dr. Maureen Donovan regarding Invalidity of U.S. Patent No. 11,298,349 [CONFIDENTIAL]; (ii) Reply Expert Report of Jonathan Steed Ph.D. regarding U.S. Patents Nos. 11,091,439, 11,091,440, and 11,098,015 [HIGHLY CONFIDENTIAL]; (iii) Reply Expert Report of Dr. Lepore regarding Invalidity of U.S. Patent Nos. 11,091,439, 11,091,440, 11,098,015, and 11,298,349 [CONFIDENTIAL]; (iv) Reply Expert Report of Dr. Anthony Mega regarding the Invalidity of U.S Patent Nos. 11,091,439, 11,091,440, 11,098,015, and 11,298,349 [CONFIDENTIAL]; and, (v) Expert Report of DeForest McDuff (with exhibits) [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 07/12/2023) (2) |
| Jun 12, 2023 | 112 | NOTICE OF SERVICE of (1) Rebuttal Expert Report of John J. Koleng, Jr., Ph.D. Concerning Validity of U.S. Patent Nos. 11,091,439, 11,091,440, and 11,098,015, (2) Rebuttal Expert Report of Michael E. Tate, (3) Expert Report of Daniel J. George, M.D., (4) Rebuttal Expert Report of Bernhardt L. Trout Concerning Validity of U.S. Patent Nos. 11,091,439, 11,091,440, and 11,0978,015, (5) Rebuttal Expert Report of David W.C. Macmillan, Ph.D. and (6) Rebuttal Expert Report of Allan Myerson Ph.D. Concerning Validity of U.S. Patent No. 11,298,349 filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 06/12/2023) (3) |
| Jun 9, 2023 | 111 | NOTICE OF SERVICE of Rebuttal Expert Report of Dr. Maureen Donovan regarding Noninfringement of U.S. Patent No. 11,298,349 [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 06/09/2023) (2) |
| May 1, 2023 | 110 | NOTICE OF SERVICE of Opening Expert Report of John J. Koleng, Jr., Ph.D. Concerning Infringement of U.S. Patent No. 11,298,349 filed by Exelixis, Inc..(Blumenfeld, Jack) (Entered: 05/01/2023) (3) |
| Apr 28, 2023 | 109 | NOTICE OF SERVICE of Opening Expert Report of Dr. Salvatore Lepore Regarding Invalidity of U.S. Patent Nos. 11,091,439, 11,091,440, 11,098,015, and 11,298,349 [CONFIDENTIAL]; (ii) Opening Expert Report of Jonathan Steed, Ph.D., Regarding Invalidity of the Asserted Claims of U.S. Patent Nos. 11,091,439, 11,091,440, and 11,098,015 [HIGHLY CONFIDENTIAL]; and, (iii) Opening Expert Report of Dr. Maureen Donovan Regarding Invalidity of U.S. Patent 11,298,349 [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 04/28/2023) (2) |
| Apr 26, 2023 | 108 | STIPULATION and Proposed Order to Extend Time - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 4/27/2023 (nms). (Entered: 04/26/2023) (2) |
| Apr 24, 2023 | 107 | ORAL ORDER re 106 Letter: At the request of counsel, IT IS HEREBY ORDERED that the discovery dispute teleconference scheduled for May 2, 2023 is cancelled. Ordered by Judge Jennifer L. Hall on 4/24/2023. (ceg) (Entered: 04/24/2023) (0) |
| Apr 20, 2023 | 106 | Letter to The Honorable Jennifer L. Hall, from Anthony D. Raucci, regarding resolution of discovery dispute (D.I. 104 ). (Raucci, Anthony) Modified on 4/20/2023 (nms). (Entered: 04/20/2023) (1) |
| Apr 14, 2023 | 105 | ORAL ORDER Setting Teleconference: The Court has reviewed the Motion for Teleconference to Resolve Discovery Disputes (D.I. 104). A discovery dispute teleconference is scheduled for May 2, 2023 at 3:30 PM Eastern Time before Judge Jennifer L. Hall. By no later than April 20, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than April 26, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 4/14/2023. (ceg) (Entered: 04/14/2023) (0) |
| Apr 12, 2023 | 104 | MOTION for Teleconference to Resolve Discovery Dispute - filed by Exelixis, Inc.. Motions referred to Jennifer L. Hall.(Raucci, Anthony) (Entered: 04/12/2023) (3) |
| Mar 31, 2023 | 103 | NOTICE OF SERVICE of Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Privilege Log filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 03/31/2023) (2) |
| Mar 27, 2023 | 100 | AMENDED Notice to Take Deposition of Rajeshwar Reddy on March 31, 2023, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 3/28/2023 (nms). (Entered: 03/27/2023) (3) |
| Mar 27, 2023 | 101 | AMENDED Notice to Take Deposition of Kondal Reddy Bairy on April 4, 2023, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 3/28/2023 (nms). (Entered: 03/27/2023) (3) |
| Mar 27, 2023 | 102 | AMENDED Notice to Take Deposition of Srinivasan Thirumalai Rajan on April 6, 2023, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 3/28/2023 (nms). (Entered: 03/27/2023) (3) |
| Mar 20, 2023 | 98 | AMENDED NOTICE to Take Deposition of Peter Lamb on March 23, 2023, beginning at 9:00 a.m. PDT., filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) Modified on 3/20/2023 (nms). (Entered: 03/20/2023) (2) |
| Mar 20, 2023 | 99 | NOTICE to Take Deposition of Brenda Hefti on March 21, 2023, beginning at 9:00 a.m. PDT. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 03/20/2023) (2) |
| Mar 16, 2023 | 94 | REDACTED VERSION of 86 Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibits A-H)(Gattuso, Dominick) Modified on 3/16/2023 (nms). (Entered: 03/16/2023) (Main Document) (4) |
| Mar 16, 2023 | 95 | NOTICE OF SERVICE of Defendants' Final Invalidity and Unenforceability Contentions for U.S. Patent Nos. 11,091,439, 11,091,440, 11,098,015, and 11,298,349 filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 03/16/2023) (2) |
| Mar 16, 2023 | 96 | NOTICE OF SERVICE of Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff Exelixis, Inc.'s First Set of Requests for Admission [CONFIDENTIAL] filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 03/16/2023) (2) |
| Mar 16, 2023 | 97 | NOTICE OF SERVICE of (1) Exelixis' Objections and Responses to MSN's Second Set of Joint Requests for Admission (Nos. 23-24); (2) Exelixis' Responses and Objections to MSN's Second Set of Interrogatories (Nos. 14-15); and (3) Exelixis' Supplemental Objections and Responses to MSN's First Set of Interrogatories (Nos. 1-13) filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 03/16/2023) (3) |
| Mar 16, 2023 | 94 | REDACTED VERSION of 86 Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibits A-H)(Gattuso, Dominick) Modified on 3/16/2023 (nms). (Entered: 03/16/2023) (Exhibits A-H) (30) |
| Mar 15, 2023 | 93 | NOTICE to Take Deposition of Khalid Shah on remotely on March 16, 2023, beginning at 10:00 a.m. EDT filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 03/15/2023) (2) |
| Mar 14, 2023 | 91 | REDACTED VERSION of 87 Letter, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 3/14/2023 (nms). (Entered: 03/14/2023) (5) |
| Mar 14, 2023 | 92 | AMENDED Notice to Take Deposition of Dr. Ravi Kumar Nithiyanandam, by Exelixis, Inc.. (Raucci, Anthony) Modified on 3/15/2023 (nms). (Entered: 03/14/2023) (3) |
| Mar 13, 2023 | 90 | STIPULATION and Order to Extend Time to file a public version of MSNs March 6, 2023 discovery dispute letter to March 15, 2023 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 3/13/2023 (nms). (Entered: 03/13/2023) (2) |
| Mar 8, 2023 | 89 | ORAL ORDER: Having reviewed the parties' discovery dispute letters (D.I. 85; D.I. 86; D.I. 87; D.I. 88), the Court ORDERS as follows: (1) Plaintiff's motion to compel discovery is GRANTED-IN-PART. (i) Defendants shall provide a Rule 30(b)(6) witness to testify about the number and identity of its products that use a malate salt, the number of its products that use a hydrochloride salt, and the number of its products that use another salt. Defendants may provide the requested information in writing in lieu of testimony. Defendants may be right that the requested information has minimal relevance, but the burden of providing it is minimal. (ii) Defendants shall produce the portions of its regulatory submission(s) for Cabolong that describe the function performed by the granulated corn starch in that product, and Defendants shall provide a Rule 30(b)(6) witness regarding those statements. (iii) Plaintiff's remaining requests are denied. (2) Defendants' motion to compel discovery is DENIED. (i) The Court agrees with Plaintiff that it has responded to Interrogatory 10. It essentially asks for the evidence that Plaintiff is going to rely on to support its contention that the prior art did not include certain claim limitations. Plaintiff answered the question. (ii) The Court interprets RFAs 10-11 and 13-14 to be asking whether the drug product(s) mentioned in the listed references possessed certain qualities, regardless of whether those qualities are expressly described in the reference. The Court will not order Plaintiff to supplement its responses, but Plaintiff should ensure that its denials are consistent with the Court's interpretation. The discovery dispute teleconference scheduled for March 9, 2023 is CANCELLED. Ordered by Judge Jennifer L. Hall on 3/8/2023. (ceg) (Entered: 03/08/2023) (0) |
| Mar 7, 2023 | 87 | [SEALED] Letter to The Honorable Jennifer L. Hall, from Dominick T. Gattuso, Esq., regarding discovery dispute. (Gattuso, Dominick) Modified on 3/8/2023 (nms). (Entered: 03/07/2023) (0) |
| Mar 7, 2023 | 88 | Letter to The Honorable Jennifer L. Hall, from Anthony D. Raucci, regarding response to MSN's letter regarding discovery dispute (D.I. 86 ). (Raucci, Anthony) Modified on 3/8/2023 (nms). (Entered: 03/07/2023) (4) |
| Mar 6, 2023 | 85 | Letter to The Honorable Jennifer L. Hall from Anthony D. Raucci regarding Discovery Dispute. (Attachments: # 1 Exhibits A-F, # 2 [Proposed] Order)(Raucci, Anthony) (Entered: 03/06/2023) (Main Document) (4) |
| Mar 6, 2023 | 86 | [SEALED] Letter to The Honorable Jennifer L. Hall from Dominick T. Gattuso, Esquire regarding Discovery dispute. (Attachments: # 1 Exhibit A-H)(Gattuso, Dominick) (Attachment 1 replaced on 3/15/2023) (ceg). (Entered: 03/06/2023) (0) |
| Mar 6, 2023 | 85 | Letter to The Honorable Jennifer L. Hall from Anthony D. Raucci regarding Discovery Dispute. (Attachments: # 1 Exhibits A-F, # 2 [Proposed] Order)(Raucci, Anthony) (Entered: 03/06/2023) (Exhibits A-F) (30) |
| Mar 6, 2023 | 85 | Letter to The Honorable Jennifer L. Hall from Anthony D. Raucci regarding Discovery Dispute. (Attachments: # 1 Exhibits A-F, # 2 [Proposed] Order)(Raucci, Anthony) (Entered: 03/06/2023) ([Proposed] Order) (1) |
| Mar 3, 2023 | 81 | NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Rule 26(a) Supplemental Initial Disclosures filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 03/03/2023) (3) |
| Mar 3, 2023 | 82 | 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) (Entered: 03/03/2023) (3) |
| Mar 3, 2023 | 83 | ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Disputes (D.I. 80 ). A discovery dispute teleconference is scheduled for March 9, 2023 at 1:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than March 6, 2023, the party(ies) seeking relief shall file with the Court a letter, not to exceed three pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than March 7, 2023, any party(ies) opposing the application for relief may file a letter, not to exceed three pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to provide courtesy copies. Counsel shall send dial-in information directly to the Court, no later than 24 hours prior to the hearing, using the following e-mail address: Cailah_Garfinkel@ded.uscourts.gov. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Jennifer L. Hall on 3/3/2023. (ceg) (Entered: 03/03/2023) (0) |
| Mar 3, 2023 | 84 | NOTICE OF SERVICE of Exelixis' Supplemental Objections and Responses to MSN's First Set of Interrogatories (Nos. 1, 4, 9, and 10) filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 03/03/2023) (3) |
| Mar 1, 2023 | 80 | Joint Motion for Teleconference to Resolve Discovery Disputes - filed by Exelixis, Inc.. Motions referred to Jennifer L. Hall.(Raucci, Anthony) Modified on 3/2/2023 (nms). (Entered: 03/01/2023) (2) |
| Feb 17, 2023 | 77 | NOTICE to Take Deposition of Dr. Rajeshwar Reddy on March 15, 2023 filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 02/17/2023) (3) |
| Feb 17, 2023 | 78 | NOTICE to Take Deposition of Dr. Ravi Kumar Nithiyanandam on March 16, 2023 filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 02/17/2023) (3) |
| Feb 17, 2023 | 79 | NOTICE to Take Deposition of Dr. Kondal Reddy Bairy on March 9, 2023 filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 02/17/2023) (3) |
| Feb 16, 2023 | 76 | NOTICE OF SERVICE of (1) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to Evercorn, Inc.; and (2) Subpoena to Testify at a Deposition in a Civil Action to Evercorn, Inc. filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 02/16/2023) (3) |
| Feb 14, 2023 | 74 | NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s First Set of Requests for Admission filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 02/14/2023) (3) |
| Feb 14, 2023 | 75 | NOTICE OF SERVICE of (i) Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Interrogatories to Plaintiffs (Nos. 14-15); and, (ii) Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Second Set of Joint Requests for Admission to Plaintiff (Nos. 23-24) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 02/14/2023) (2) |
| Feb 10, 2023 | 71 | REDACTED VERSION of 66 Notice to Take Deposition, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) Modified on 2/13/2023 (nms). (Entered: 02/10/2023) (16) |
| Feb 10, 2023 | 72 | NOTICE to Take Deposition of Srinivasan Thirumalai Rajan on March 13, 2023, filed by Exelixis, Inc..(Raucci, Anthony) Modified on 2/13/2023 (nms). (Entered: 02/10/2023) (3) |
| Feb 10, 2023 | 73 | NOTICE to Take Deposition of Vamsikanth Appikonda on March 13, 2023 filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 02/10/2023) (3) |
| Feb 6, 2023 | 70 | NOTICE OF SERVICE of copies of (i) Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff's Third Set of Interrogatories (No. 11); and, (ii) Defendant MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.'s Responses and Objections to Plaintiff's Third Set of Requests for the Production of Documents and Things filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 02/06/2023) (2) |
| Feb 3, 2023 | 66 | [SEALED] NOTICE to Take Deposition of Exelixis, Inc. on March 16, beginning at 10:00 a.m. EDT, (remote) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 02/03/2023) (0) |
| Feb 3, 2023 | 67 | NOTICE to Take Deposition of Khalid Shah on March 13, 2023, beginning at 10:00 a.m. EDT (remote) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 02/03/2023) (2) |
| Feb 3, 2023 | 68 | NOTICE to Take Deposition of Peter Lamb on March 14, 2023, beginning at 10:00 a.m. EDT (remote) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 02/03/2023) (2) |
| Feb 3, 2023 | 69 | NOTICE of Service of Subpoena on Jo Ann Zbur Wilson by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. (Gattuso, Dominick) (Entered: 02/03/2023) (17) |
| Jan 30, 2023 | 65 | NOTICE OF SERVICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.'s Responses and Objections to Plaintiff's Notice of Deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 01/30/2023) (30) |
| Jan 24, 2023 | 63 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MSN Laboratories Private Limited for MSN Pharmaceuticals, Inc. filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) (Entered: 01/24/2023) (1) |
| Jan 24, 2023 | 64 | NOTICE OF SERVICE of Exelixis' Responses and Objections to MSN's First Set of Interrogatories (Nos. 1-13) filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 01/24/2023) (3) |
| Jan 17, 2023 | 62 | NOTICE OF SERVICE of (1) Exelixis' Objections and Responses to MSN's First Set of Joint Requests for Admission (Nos. 1-22) and (2) Exelixis' Responses and Objections to MSN's First Set of Requests for the Production of Documents and Things (Nos. 1-70) filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 01/17/2023) (3) |
| Jan 5, 2023 | 61 | NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.'s Third Set of Requests for the Production of Documents and Things and (2) Plaintiff Exelixis, Inc.'s Third Set of Interrogatories filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 01/05/2023) (3) |
| Dec 22, 2022 | 60 | NOTICE OF SERVICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.'s Responses and Objections to Plaintiffs Second Set of Interrogatories (No. 10) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 12/22/2022) (2) |
| Dec 20, 2022 | 59 | 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) (Entered: 12/20/2022) (3) |
| Dec 2, 2022 | 57 | MOTION for Pro Hac Vice Appearance of Attorney Brian O'Gara of Winston & Strawn LLP - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) (Entered: 12/02/2022) (4) |
| Dec 2, 2022 | 58 | NOTICE OF SERVICE of (i) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.'s Interrogatories to Plaintiffs (Nos. 1-13); (ii) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.'s First Set of Joint Requests for Admission to Plaintiff (Nos. 1-22); and, (iii) Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.'s First Set of Requests for the Production of Documents and Things to Plaintiff (Nos. 1-70) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 12/02/2022) (2) |
| Nov 22, 2022 | 56 | NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Second Set of Interrogatories filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 11/22/2022) (3) |
| Nov 16, 2022 | 55 | NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action to Zydus Pharmaceuticals (USA) Inc. filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 11/16/2022) (3) |
| Nov 14, 2022 | 54 | ORAL ORDER: The request to vacate certain scheduling order deadlines relating to claim construction (D.I. 53 ) is GRANTED. Ordered by Judge Richard G. Andrews on 11/14/2022. (nms) (Entered: 11/14/2022) (0) |
| Nov 11, 2022 | 53 | Letter to The Honorable Richard G. Andrews, from Anthony D. Raucci, regarding 349 patent claim construction. (Raucci, Anthony) Modified on 11/14/2022 (nms). (Entered: 11/11/2022) (2) |
| Nov 10, 2022 | 52 | NOTICE OF SERVICE of MSN Laboratories Private Ltd. and MSN Pharmaceuticals Inc.'s (i) Responses and Objections to Plaintiff's Second Set of Interrogatories (Nos. 1-9); and, (ii) Responses to Plaintiff's Second Set of Requests for the Production of Documents and Things filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 11/10/2022) (2) |
| Nov 3, 2022 | 50 | NOTICE OF SERVICE of Plaintiff's Identification of Terms/Phrases for Construction filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 11/03/2022) (3) |
| Nov 3, 2022 | 51 | NOTICE OF SERVICE of MSN Laboratories Private Ltd. and MSN Pharmaceuticals Inc.s Identification of Terms/Phrases for Construction filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 11/03/2022) (2) |
| Oct 27, 2022 | 49 | NOTICE OF SERVICE of Defendants' Initial Invalidity and Unenforceability Contentions for U.S. Patent Nos. 11,091,439, 11,091,440, 11,098,015, and 11,298,349 (with Exhibit A) filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 10/27/2022) (2) |
| Oct 11, 2022 | 48 | NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.'s Second 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) (Entered: 10/11/2022) (3) |
| Sep 27, 2022 | 47 | NOTICE OF SERVICE of Exelixis Inc.'s Preliminary Infringement Contentions filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 09/27/2022) (3) |
| Sep 15, 2022 | 46 | ANSWER to 37 Amended Answer to Complaint, Counterclaim by Exelixis, Inc..(Raucci, Anthony) (Entered: 09/15/2022) (16) |
| Sep 12, 2022 | 43 | MOTION for Pro Hac Vice Appearance of Attorney Labdhi Sheth - filed by Exelixis, Inc.. (Raucci, Anthony) (Entered: 09/12/2022) (4) |
| Sep 12, 2022 | 44 | NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s Rule 26(A) Initial Disclosures and Plaintiff Exelixis, Inc.'s Paragraph 3 and 4a Disclosures Under the Default Standard for Discovery filed by Exelixis, Inc..(Raucci, Anthony) (Entered: 09/12/2022) (3) |
| Sep 12, 2022 | 45 | NOTICE OF SERVICE of (i) MSN Laboratories Private Limited's and MSN Pharmaceuticals Inc.'s Amended Initial Disclosures Pursuant to Rule 26(a)(1); and, (ii) MSN Laboratories Private Limited's and MSN Pharmaceuticals Inc.'s Initial ESI Disclosures filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 09/12/2022) (2) |
| Sep 9, 2022 | 42 | NOTICE OF SERVICE of Defendants MSN Laboratories Private Limited and MSN Pharmaceuticals Inc.s Response to Plaintiffs First Set of Requests for the Production of Documents and Things filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) (Entered: 09/09/2022) (2) |
| Aug 30, 2022 | 41 | ANSWER to Counterclaims (see D.I. 9 in 22cv945-RGA-JLH), by Exelixis, Inc..(Raucci, Anthony) Modified on 8/31/2022 (nms). (Entered: 08/30/2022) (8) |
| Aug 26, 2022 | 40 | 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 23, 2022 | 36 | SO ORDERED Granting 33 Stipulation and Order to file Amended Answer and Counterclaims. Signed by Judge Richard G. Andrews on 8/23/2022. (nms) (Entered: 08/23/2022) (2) |
| Aug 23, 2022 | 37 | FIRST AMENDED ANSWER, Affirmative Defenses and Counterclaims to 1 Complaint, by MSN Laboratories Private Limited and MSN Pharmaceuticals, Inc.. (nms) (Entered: 08/23/2022) (25) |
| Aug 23, 2022 | 38 | SO ORDERED Granting (D.I. 34 in 22-cv-228-RGA-JLH; D.I. 11 in 22-cv-945-RGA) Stipulation and Proposed Order to Consolidate Action. Signed by Judge Richard G. Andrews on 8/23/2022. Associated Cases: 1:22-cv-00228-RGA-JLH, 1:22-cv-00945-RGA(nms) (Entered: 08/23/2022) (2) |
| Aug 23, 2022 | 39 | AMENDED SCHEDULING ORDER For Consolidated Action: Joinder of Parties due by 1/6/2023, Amended Pleadings due by 1/6/2023, Fact Discovery completed by 3/16/2023, Joint Claim Construction Brief due by 2/9/2023, a Markman Hearing is set for 3/1/2023, at 9:00 AM in Courtroom 6A, a Pretrial Conference is set for 10/6/2023, at9:00 AM in Courtroom 6A, a 3 Bench Trial is set to start 10/23/2023, at 08:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 8/23/2022. (nms) (Entered: 08/23/2022) (8) |
| Aug 19, 2022 | 33 | STIPULATION to Amend Answer and Counterclaims, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Gattuso, Dominick) Modified on 8/22/2022 (nms). (Entered: 08/19/2022) (Main Document) (2) |
| Aug 19, 2022 | 34 | STIPULATION and [Proposed] Order to Consolidate Action by Exelixis, Inc.. (Raucci, Anthony) (Entered: 08/19/2022) (2) |
| Aug 19, 2022 | 35 | PROPOSED Amended Scheduling Order, by Exelixis, Inc.. (Attachments: # 1 Letter)(Raucci, Anthony) Modified on 8/19/2022 (nms). (Entered: 08/19/2022) (Main Document) (10) |
| Aug 19, 2022 | 33 | STIPULATION to Amend Answer and Counterclaims, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Gattuso, Dominick) Modified on 8/22/2022 (nms). (Entered: 08/19/2022) (Exhibit Redline First Amended Answer) (25) |
| Aug 19, 2022 | 33 | STIPULATION to Amend Answer and Counterclaims, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Gattuso, Dominick) Modified on 8/22/2022 (nms). (Entered: 08/19/2022) (Exhibit First Amended Answer) (25) |
| Aug 19, 2022 | 35 | PROPOSED Amended Scheduling Order, by Exelixis, Inc.. (Attachments: # 1 Letter)(Raucci, Anthony) Modified on 8/19/2022 (nms). (Entered: 08/19/2022) (Cover Letter) (1) |
| Aug 4, 2022 | 31 | Letter (2) Docket Text: Letter to The Honorable Richard G. Andrews from Anthony D. Raucci regarding claim construction. (Raucci, Anthony) |
| Aug 4, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The request to vacate the claim construction deadlines and hearing (D.I. [31]) is GRANTED. Ordered by Judge Richard G. Andrews on 8/4/2022. (nms) |
| Aug 4, 2022 | 32 | ORAL ORDER: The request to vacate the claim construction deadlines and hearing (D.I. 31 ) is GRANTED. Ordered by Judge Richard G. Andrews on 8/4/2022. (nms) (Entered: 08/04/2022) (0) |
| Jul 25, 2022 | 30 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of MSN Laboratories Private Ltd. and MSN Pharmaceuticals Inc.'s Identification of Terms/Phrases for Construction filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Jul 22, 2022 | 29 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Identification of Terms/Phrases for Construction filed by Exelixis, Inc..(Raucci, Anthony) |
| Jul 6, 2022 | 28 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Exelixis, Inc.'s First Set of Requests for the Production of Documents and Things filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 23, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin M. Yurkerwich 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) |
| Jun 23, 2022 | 27 | 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 21, 2022 | 26 | Order (3) Docket Text: SO ORDERED Granting [23] Stipulation and Proposed Order Regarding MSN's Infringement of Certain Patent Claims. Signed by Judge Richard G. Andrews on 6/21/2022. (nms) |
| Jun 16, 2022 | 24 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Exelixis, Inc.'s Paragraph 3 and 4a Disclosures Under the Default Standard for Discovery and (2) Plaintiff Exelixis, Inc.'s Rule 26(a) Initial Disclosures filed by Exelixis, Inc..(Raucci, Anthony) |
| Jun 16, 2022 | 25 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) MSN Laboratories Private Limited's and MSN Pharmaceuticals Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1); and, (ii) MSN Laboratories Private Limited's and MSN Pharmaceuticals Inc.'s Initial ESI Disclosures filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Jun 15, 2022 | 23 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order Regarding MSN's Infringement of Certain Patent Claims by Exelixis, Inc.. (Raucci, Anthony) |
| Apr 11, 2022 | N/A | Case Referred to Magistrate Judge (0) Docket Text: CASE REFERRED to Magistrate Judge Jennifer L. Hall to handle all discovery disputes including any that arise in connection with expert reports. (nms) |
| Apr 11, 2022 | 19 | Main Document (11) Docket Text: PROPOSED Scheduling Order, by Exelixis, Inc.. (Attachments: # (1) Letter)(Raucci, Anthony) Modified on 4/11/2022 (nms). |
| Apr 11, 2022 | 19 | Cover Letter to The Honorable Richard G. Andrews (1) |
| Apr 11, 2022 | 20 | Scheduling Order (9) Docket Text: SCHEDULING ORDER: This matter is referred to a Magistrate Judge to handle all discovery disputes including any that arise in connection with expert reports. Joinder of Parties due by 9/14/2022. Amended Pleadings due by 9/14/2022. Fact Discovery completed by 10/28/2022. Joint Claim Construction Brief due by 10/14/2022. A Markman Hearing is set for 11/16/2022, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 5/12/2023, at 2:00 PM in Courtroom 6A. A 3 day Bench Trial is set to start 5/22/2023, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 4/11/2022. (nms) |
| Apr 11, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Rule 16(b) Conference scheduled for 4/13/2022, is CANCELED. Ordered by Judge Richard G. Andrews on 4/11/2022. (nms) |
| Apr 11, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: A Motion for Teleconference to Resolve Discovery Dispute should be filed if counsel finds they are unable to resolve a discovery matter. The suggested text for this motion can be found in Judge Hall's portion of the Court's website, in the "Forms" tab, under the heading "Motion for Teleconference to Resolve Discovery/Protective Order Disputes." The dispute will thereafter be addressed in accordance with Judge Hall's discovery dispute procedures. ORDERED by Judge Jennifer L. Hall on 4/11/2022. (ceg) |
| Apr 7, 2022 | 18 | 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 1, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: At the parties request the Scheduling Conference set for 4/6/2022, is CANCELED, and is now rescheduled to 4/13/2022, at 10:00 am. Ordered by Judge Richard G. Andrews on 4/1/2022. (nms) |
| Mar 22, 2022 | 16 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 4/6/2022, at 10:00 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 3/22/2022. (nms) |
| Mar 18, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Emily R. Whelan 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) |
| 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 | 15 | Answer to Counterclaim (10) Docket Text: ANSWER to [9] Answer to Complaint, and Counterclaims, by Exelixis, Inc..(Raucci, Anthony) Modified on 3/18/2022 (nms). |
| Mar 16, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [14] MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Yurkerwich, filed by Exelixis, Inc.. Signed by Judge Richard G. Andrews on 3/16/2022. (nms) |
| 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 16, 2022 | 14 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Yurkerwich - filed by Exelixis, Inc.. (Raucci, Anthony) |
| Mar 15, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Timothy A. Cook and Lisa J. Pirozzolo 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) |
| 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 9, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Lisa J. Pirozzolo, Amy K. Wigmore, Emily R. Whelan, Kevin S. Prussia, Timothy A. Cook, Katherine P. Kieckhafer, Gerard A. Salvatore, and Cristina Salcedo, filed by Exelixis, Inc.. Signed by Judge Richard G. Andrews on 3/9/2022. (nms) |
| Mar 9, 2022 | 12 | Motion for Leave to Appear Pro Hac Vice (12) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Lisa J. Pirozzolo, Amy K. Wigmore, Emily R. Whelan, Kevin S. Prussia, Timothy A. Cook, Katherine P. Kieckhafer, Gerard A. Salvatore, and Cristina Salcedo - filed by Exelixis, Inc.. (Raucci, Anthony) |
| Mar 8, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kurt A. Matthas 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. (srs) |
| Mar 2, 2022 | 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) |
| Mar 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [10] MOTION for Pro Hac Vice Appearance of Attorney Bryce A. Cooper, Kurt A. Mathas, and Kevin J. Boyle of Winston & Strawn LLP, filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. Signed by Judge Richard G. Andrews on 3/2/2022. (nms) |
| Mar 2, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Bryce A. Cooper for MSN Laboratories Private Limited, 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) |
| Mar 2, 2022 | 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) |
| Feb 28, 2022 | 10 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Bryce A. Cooper, Kurt A. Mathas, and Kevin J. Boyle of Winston & Strawn LLP - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Gattuso, Dominick) |
| Feb 28, 2022 | 11 | 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 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Exelixis, Inc.. MSN Pharmaceuticals, Inc. served on 2/25/2022, answer due 3/18/2022. (Raucci, Anthony) |
| Feb 25, 2022 | 8 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Exelixis, Inc.. MSN Laboratories Private Limited served on 2/25/2022, answer due 3/18/2022. (Raucci, Anthony) |
| Feb 25, 2022 | 9 | Answer to Complaint (21) Docket Text: ANSWER to [1] Complaint, , COUNTERCLAIM against Exelixis, Inc. by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc..(Gattuso, Dominick) |
| Feb 23, 2022 | 1 | Main Document (14) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed against MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3809283.) - filed by Exelixis, Inc.. (Attachments: # (1) Exhibit A-C, # (2) Civil Cover Sheet)(apk) |
| Feb 23, 2022 | 1 | Exhibit A-C (147) |
| Feb 23, 2022 | 1 | Civil Cover Sheet (1) |
| Feb 23, 2022 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Feb 23, 2022 | 3 | ANDA Form (1) Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 01/11/2022. Date of Expiration of Patent: 01/15/2030. (apk) |
| Feb 23, 2022 | 4 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,091,439 B2 ;11,091,440 B2 ;11,098,015 B2. (apk) |
| Feb 23, 2022 | 5 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Exelixis, Inc. (apk) |
| Feb 23, 2022 | 6 | Main Document (2) Docket Text: Summons Issued with Magistrate Consent Notice attached as to MSN Laboratories Private Limited on 2/23/2022; MSN Pharmaceuticals, Inc. on 2/23/2022. (Attachments: # (1) Summons Issued)(apk) |
| Feb 23, 2022 | 6 | Summons Issued (2) |
| Feb 23, 2022 | 1 | Complaint* (1) |
