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Case number 1:20-cv-00431

Ferring Pharmaceuticals Inc. et al v. Fresenius Kabi USA, LLC et al > Documents

Date Field Doc. No.Description (Pages)
Mar 7, 2023 239 NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 238 Notice of Appeal (Federal Circuit) filed by Fresenius Kabi USA, LLC. USCA Case Number 2023-1559. (mdb) (Entered: 03/07/2023) (4)
Feb 24, 2023 238 Notice of Appeal* (1)
Jan 30, 2023 235 Notice of Appeal* (1)
Jul 27, 2022 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 7/27/2022. (Court Reporter Deanna Warner.) (mdb)
Jul 20, 2022 218 Notice (Other) (1)
Docket Text: NOTICE of Withdrawal of Certain Counsel by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Bourke, Mary)
Jul 18, 2022 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that a Telephone Conference is set for 7/27/2022 at 02:00 PM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 7/18/2022. (dlw)
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. ยง 652(b). (Taylor, Daniel)
Mar 29, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: At the request of counsel, D.I. 218 has been deleted from the docket. (dlw)
Mar 11, 2022 215 POST Trial Brief (19)
Docket Text: POST TRIAL BRIEF // Plaintiffs' Reply Post-Trial Brief by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary) Modified on 3/14/2022 (dlw).
Mar 11, 2022 216 Main Document (2)
Docket Text: DECLARATION of Mary W. Bourke re [215] POST Trial Reply Brief by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A)(Bourke, Mary) Modified on 3/14/2022 (dlw).
Mar 11, 2022 216 Exhibit A (17)
Mar 11, 2022 217 POST Trial Brief (30)
Docket Text: POST TRIAL BRIEF // Defendant's Reply Post-Trial Brief by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 3/14/2022 (dlw).
Mar 7, 2022 214 Notice (Other) (2)
Docket Text: NOTICE of Change of Firm Name by Fresenius Kabi USA, LLC (Farnan, Brian)
Mar 5, 2022 212 Redacted Document (30)
Docket Text: REDACTED VERSION of [211] POST Trial Brief, by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Mar 5, 2022 213 Redacted Document (30)
Docket Text: REDACTED VERSION of [210] Proposed Findings of Fact by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Feb 28, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: D.I. [210] and [211] replaced per counsels request. (apk)
Feb 28, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: The Joint Exhibit and Witness List ([195]) has been replaced to correct the descriptions of DTX-18 and DTX-40 at the request of counsel. (mdb)
Feb 25, 2022 208 POST Trial Brief (22)
Docket Text: POST TRIAL BRIEF // Fresenius Kabi's Rebuttal Post-Trial Brief by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 2/28/2022 (dlw).
Feb 25, 2022 209 Proposed Findings of Fact (25)
Docket Text: Proposed Findings of Fact by Fresenius Kabi USA, LLC. (Farnan, Brian)
Feb 14, 2022 207 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove Thomas A. Rammer as co-counsel.. (Farnan, Brian)
Feb 11, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [201] Stipulation - IT IS HEREBY ORDERED that the documents filed UNDER SEAL at D.I. Nos. 187, 189, and 194 shall be unsealed. ORDERED by Judge Maryellen Noreika on 2/11/2022. (dlw)
Feb 11, 2022 N/A Remark (0)
Docket Text: Remark - Per D.I. 201 and the corresponding SO ORDERED, D.I. 187, 189, and 194 have been unsealed and the docket text updated to reflect such. (dlw)
Feb 11, 2022 201 Stipulation (3)
Docket Text: STIPULATION and Proposed Order Regarding Redactions in D.I. Nos. 187, 189, and 194 by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Feb 11, 2022 202 POST Trial Brief (30)
Docket Text: POST TRIAL BRIEF // Defendant's Opening Post-Trial Brief by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 2/14/2022 (dlw).
Feb 11, 2022 203 Proposed Findings of Fact (30)
Docket Text: Proposed Findings of Fact by Fresenius Kabi USA, LLC. (Farnan, Brian)
Feb 11, 2022 204 POST Trial Brief (27)
Docket Text: POST TRIAL BRIEF // Plaintiffs' Opening Post-Trial Brief by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary) Modified on 2/14/2022 (dlw).
Feb 11, 2022 205 Proposed Findings of Fact (30)
Docket Text: Proposed Findings of Fact by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Feb 11, 2022 206 Main Document (3)
Docket Text: DECLARATION Mary W. Bourke re [204] POST Trial Brief by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Bourke, Mary) Modified on 2/14/2022 (dlw).
Feb 11, 2022 206 Exhibit A (5)
Feb 11, 2022 206 Exhibit B (5)
Feb 11, 2022 206 Exhibit C (4)
Feb 8, 2022 197 Transcript (314)
Docket Text: Official Transcript of Bench Trial held on 01.24.2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale Hawkins,Email: dale_hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/1/2022. Redacted Transcript Deadline set for 3/11/2022. Release of Transcript Restriction set for 5/9/2022. (Rolfe, Michele)
Feb 8, 2022 198 Transcript (236)
Docket Text: Official Transcript of Bench Trial held on 01.25.2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale Hawkins,Email: dale_hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/1/2022. Redacted Transcript Deadline set for 3/11/2022. Release of Transcript Restriction set for 5/9/2022. (Rolfe, Michele)
Feb 8, 2022 199 Transcript (148)
Docket Text: Official Transcript of Bench Trial held on 01.26.2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale Hawkins,Email: dale_hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/1/2022. Redacted Transcript Deadline set for 3/11/2022. Release of Transcript Restriction set for 5/9/2022. (Rolfe, Michele)
Feb 8, 2022 200 Transcript (97)
Docket Text: Official Transcript of Bench Trial held on 01.27.2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale Hawkins,Email: dale_hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/1/2022. Redacted Transcript Deadline set for 3/11/2022. Release of Transcript Restriction set for 5/9/2022. (Rolfe, Michele)
Feb 2, 2022 196 Redacted Document (1)
Docket Text: REDACTED VERSION of [194] Letter by Fresenius Kabi USA, LLC. (Farnan, Michael)
Jan 31, 2022 195 Exhibit List (6)
Docket Text: Joint EXHIBIT AND WITNESS LIST. (mdb) (Main Document 195 replaced on 2/28/2022) (mdb).
Jan 27, 2022 N/A Bench Trial - Completed (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Bench Trial completed on 1/27/2022. The parties shall confer and file a proposal for post-trial submissions in short order. (Court Reporter Dale Hawkins.) (mdb)
Jan 26, 2022 N/A Bench Trial - Held (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Bench Trial Day Three held on 1/26/2022. Closing arguments will begin at 10:00 AM on 1/27/22. (Court Reporter Dale Hawkins.) (mdb)
Jan 25, 2022 N/A Bench Trial - Held (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Bench Trial Day Two held on 1/25/2022. (Court Reporter Dale Hawkins.) (mdb)
Jan 25, 2022 194 Letter (1)
Docket Text: Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Fresenius Kabi's Supplier. (Farnan, Michael) Modified on 2/11/2022 (dlw).
Jan 24, 2022 N/A Bench Trial - Begun (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Bench Trial Day One held on 1/24/2022. (Court Reporter Dale Hawkins.) (mdb)
Jan 23, 2022 193 Main Document (3)
Docket Text: Letter to The Honorable Maryellen Noreika from Daniel M. Attaway regarding Deposition Testimony. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Attaway, Daniel)
Jan 23, 2022 193 Exhibit 1 (113)
Jan 23, 2022 193 Exhibit 2 (83)
Jan 22, 2022 191 Redacted Document (4)
Docket Text: REDACTED VERSION of [187] Stipulation, by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Jan 22, 2022 192 Redacted Document (6)
Docket Text: REDACTED VERSION of [189] SO ORDERED by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Jan 21, 2022 190 Order (2)
Docket Text: ORDER AFTER PRETRIAL CONFERENCE - IT IS HEREBY ORDERED that the Proposed Pretrial Order is ADOPTED as modified by any discussion at the Pretrial Conference. For the reasons stated at the Pretrial Conference, Plaintiff's three Motions in Limine (D.I. 170, Exs. 1719) are DENIED-AS-MOOT and Defendant's Motions in Limine (D.I 170, Ex. 20) is DENIED. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 1/21/2022. (dlw)
Jan 20, 2022 187 Main Document (3)
Docket Text: STIPULATION and Proposed Order Regarding '938 Patent by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Certificate of Service)(Bourke, Mary) Modified on 2/11/2022 (dlw).
Jan 20, 2022 187 Certificate of Service (1)
Jan 20, 2022 188 Letter (2)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding order of witnesses at trial. (Bourke, Mary)
Jan 20, 2022 189 SO ORDERED (3)
Docket Text: SO ORDERED re [187] Stipulation and Order Regarding '938 Patent. Signed by Judge Maryellen Noreika on 1/20/2022. This order has been emailed to local counsel. (dlw) Modified on 2/11/2022 (dlw).
Jan 14, 2022 186 Notice (Other) (1)
Docket Text: NOTICE of Withdrawal of Certain Pro Hac Vice Counsel by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Bourke, Mary)
Jan 13, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: The docket text of the Court's 1/12/2022 Oral Order resetting the bench trial has been updated to reflect a start time of 8:30 AM (instead of 9:30 AM). (dlw)
Jan 13, 2022 185 Transcript (45)
Docket Text: Official Transcript of Pretrial held on 01/11/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale Hawkins,Email: dale_hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/3/2022. Redacted Transcript Deadline set for 2/14/2022. Release of Transcript Restriction set for 4/13/2022. (Rolfe, Michele)
Jan 12, 2022 183 Letter (1)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding trial. (Bourke, Mary)
Jan 12, 2022 N/A Set/Reset Scheduling Order Deadlines (0)
Docket Text: ORAL ORDER Set/Reset Scheduling Order Deadlines: IT IS HEREBY ORDERED that the 4-day Bench Trial is RESET for 1/24/2022 at 08:30 AM before Judge Maryellen Noreika and shall be held remotely. The parties may present the evidence and testimony as outlined in their [183] January 12, 2022 letter. ORDERED by Judge Maryellen Noreika on 1/12/2022. (dlw) Modified on 1/13/2022 (dlw).
Jan 11, 2022 N/A Pretrial Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Pretrial Conference held remotely on 1/11/2022. (Court Reporter Dale Hawkins.) (mdb)
Jan 7, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER re [179] Letter - IT IS HEREBY ORDERED that, at the request of the parties, the 1/11/2022 Pretrial Conference will be held via teleconference. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 1/7/2022. (dlw)
Jan 7, 2022 182 Main Document (2)
Docket Text: NOTICE of Subpoenas by Fresenius Kabi USA, LLC (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Michael)
Jan 7, 2022 182 Exhibit 1 (4)
Jan 7, 2022 182 Exhibit 2 (4)
Jan 6, 2022 180 Response to Order (5)
Docket Text: RESPONSE to Order re [176] Oral Order,,,,, . (Bourke, Mary)
Jan 5, 2022 179 Letter (1)
Docket Text: Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Request to conduct Pretrial Conference Remotely. (Farnan, Michael)
Jan 4, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Mallory McMahon for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
Jan 4, 2022 177 Letter (3)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding trial. (Bourke, Mary)
Jan 4, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER re [177] Letter - The Court will address Plaintiffs' request to postpone the trial at the Pretrial Conference on January 11, 2022 (and after it receives the parties' January 6, 2022 submission). For purposes of the discussion, the parties should be prepared to address issues related to the request, including: (1) going forward with at least portions of the trial held remotely (and counsel shall confer with their IT departments to discuss remote options should a vendor not be available), (2) whether, if the Court were to grant Plaintiffs' request, Plaintiffs would agree not to seek a preliminary injunction if the postponement results in the inability of the Court to issue an opinion before the end of the 30-month stay, and (3) the status of Defendant's accused product in the FDA. ORDERED by Judge Maryellen Noreika on 1/4/2022. (dlw)
Jan 3, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [175] MOTION for Pro Hac Vice Appearance of Attorney Mallory McMahon filed by Fresenius Kabi USA, LLC. ORDERED by Judge Maryellen Noreika on 1/3/2022. (dlw)
Jan 3, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER - The Pretrial Order submitted to the Court includes eight patents and 24 purportedly asserted claims. For the asserted claims, there are issues of direct and indirect infringement, as well as infringement under sec. 271(g). For the asserted claims, there are also apparently multiple invalidity defenses (e.g. anticipation, obviousness, written description, enablement, indefiniteness, and patent eligibility). It is unclear how the parties -- who appear unwilling to focus on the most meritorious claims and defenses -- expect the Court to hear and decide all of these issues in the limited time available for trial and prior to the end of the 30-month stay. Thus, IT IS HEREBY ORDERED that, on or before noon on January 6, 2022, the parties shall submit to the Court a joint submission regarding how they intend to limit and streamline the issues for trial in this case. For the parties' benefit in considering their response, the case has been scheduled for a four day trial and thus their request for 15 hours each of trial time will be rejected. Similarly, their request to postpone closing arguments, their request for almost two months to brief the issues after trial, and their request for 800 pages of briefing and proposed findings of facts will be rejected. ORDERED by Judge Maryellen Noreika on 1/3/2022. (dlw)
Dec 29, 2021 175 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mallory McMahon - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
Dec 22, 2021 173 Redacted Document (30)
Docket Text: REDACTED VERSION of [171] Exhibit to a Document, by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Dec 22, 2021 174 Redacted Document (30)
Docket Text: REDACTED VERSION of [172] Exhibit to a Document, by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Dec 15, 2021 N/A Oral Order (0)
Docket Text: ORAL ORDER re [161] Order Setting Mediation Conferences: IT IS ORDERED that the virtual/video mediation conference scheduled for 1/4/2022, and all associated submissions and deadlines, is hereby CANCELLED. Ordered by Chief Magistrate Judge Mary Pat Thynge on 12/15/2021. (Taylor, Daniel)
Dec 15, 2021 169 Main Document (19)
Docket Text: Proposed Pretrial Order // Volume 1 of 2 (Exhibits 1-12) by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (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)(Bourke, Mary) Modified on 12/16/2021 (dlw).
Dec 15, 2021 169 Exhibit 1 (13)
Dec 15, 2021 169 Exhibit 2 (1)
Dec 15, 2021 169 Exhibit 3 (1)
Dec 15, 2021 169 Exhibit 4 (61)
Dec 15, 2021 169 Exhibit 5 (58)
Dec 15, 2021 169 Exhibit 6 (3)
Dec 15, 2021 169 Exhibit 7 (47)
Dec 15, 2021 169 Exhibit 8 (45)
Dec 15, 2021 169 Exhibit 9 (4)
Dec 15, 2021 169 Exhibit 10 (4)
Dec 15, 2021 169 Exhibit 11 (29)
Dec 15, 2021 169 Exhibit 12 (57)
Dec 15, 2021 170 Main Document (19)
Docket Text: Proposed Pretrial Order // Volume 2 of 2 (Exhibits 13-20 by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit 13, # (2) Exhibit 14, # (3) Exhibit 15, # (4) Exhibit 16, # (5) Exhibit 17, # (6) Exhibit 18, # (7) Exhibit 19, # (8) Exhibit 20)(Bourke, Mary) Modified on 12/16/2021 (dlw).
Dec 15, 2021 170 Exhibit 13 (175)
Dec 15, 2021 170 Exhibit 14 (36)
Dec 15, 2021 170 Exhibit 15 (18)
Dec 15, 2021 170 Exhibit 16 (6)
Dec 15, 2021 170 Exhibit 17 (52)
Dec 15, 2021 170 Exhibit 18 (103)
Dec 15, 2021 170 Exhibit 19 (35)
Dec 15, 2021 170 Exhibit 20 (71)
Dec 7, 2021 N/A Set/Reset Scheduling Order Deadlines (0)
Docket Text: ORAL ORDER RESETTING Scheduling Order Deadlines: IT IS HEREBY ORDERED that the Pretrial Conference is RESET to begin at 2:00 PM on 1/11/2022 in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 12/7/2021. (dlw)
Dec 3, 2021 N/A Oral Order (0)
Docket Text: ORAL ORDER re [166] Letter - IT IS HEREBY ORDERED that the 1/18/2022 bench trial will be held in person. IT IS FURTHER ORDERED that the Court will address the appropriate limits on the number of people allowed in the Courtroom for the trial at the pretrial conference. ORDERED by Judge Maryellen Noreika on 12/3/2021. (dlw)
Nov 10, 2021 167 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Sur-Reply Expert Report of Zhaohui Sunny Zhou, Ph.D. filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Nov 8, 2021 166 Letter (1)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding trial. (Bourke, Mary)
Nov 1, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [165] STIPULATION TO EXTEND TIME for the close of expert discovery and filing deadline for the Pretrial Order to November 19, 2021 (close of expert discovery) and December 15, 2021 (filing deadline for Pretrial Order) (Set/Reset Scheduling Order Deadlines: Expert Discovery due by 11/19/2021. Proposed Pretrial Order due by 12/15/2021). ORDERED by Judge Maryellen Noreika on 11/1/2021. (dlw)
Nov 1, 2021 165 Stipulation to EXTEND Time (3)
Docket Text: STIPULATION TO EXTEND TIME for the close of expert discovery and filing deadline for the Pretrial Order to November 19, 2021 (close of expert discovery) and December 15, 2021 (filing deadline for Pretrial Order) - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Severance, Dana)
Oct 28, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [164] MOTION for Pro Hac Vice Appearance of Attorney Matt T. Wilkerson filed by Fresenius Kabi USA, LLC. ORDERED by Judge Maryellen Noreika on 10/28/2021. (dlw)
Oct 28, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Matt T. Wilkerson for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
Oct 27, 2021 164 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matt T. Wilkerson - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
Oct 18, 2021 163 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Edward J. Yun, M.D.'s Reply Expert Report; (ii) J. Bruce Robertson, M.D.'s Reply Expert Report; and (iii) Reply Expert Report of Zhaohui Sunny Zhou, Ph.D. filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Oct 15, 2021 162 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Celestia S. Higano, M.D., FACP Regarding Infringement and Objective Indicia of Nonobviousness of U.S. Patent Nos. 8,841,081 and 9,877,999; (2) Reply Expert Report of Neal D. Shore, M.D., FACS Regarding Infringement and Objective Indicia of Nonobviousness of U.S. Patent Nos. 9,579,359, 10,729,739, and 10,973,870; (3) Reply Expert Report of Kaare G. Rasmussen, Ph.D., (4) Reply Expert Report of Thomas E. Keane, M.B.B.Ch., F.R.C.S.I., F.A.C.S. Regarding Infringement and Secondary Considerations of Nonobviousness of U.S. Patent Nos. 9,415,085 and 10,695,398, and (5) Reply Expert Report of Knud J. Jensen, Ph.D. filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Sep 20, 2021 160 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Edward J. Yun, M.D.'s Responsive Expert Report and (ii) Rebuttal Expert Report of Zhaohui Sunny Zhou, Ph.D. filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Sep 20, 2021 161 Order Setting Mediation Conferences (7)
Docket Text: ORDER Setting Mediation Conferences: A Video/Virtual Mediation Conference is set for 1/4/2022 at 10:00 AM before Judge Mary Pat Thynge. See ORDER for details. Signed by Judge Mary Pat Thynge on 9/20/2021. (Taylor, Daniel)
Sep 17, 2021 159 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Rebuttal Expert Report of Celestia S. Higano, M.D., FACP Regarding Validity of U.S. Patent Nos. 8,841,081 and 9,877,999; (2) Rebuttal Expert Report of Neal D. Shore, M.D., FACS Regarding Validity of U.S. Patent Nos. 9,579,359, 10,729,739, and 10,973,870; (3) Rebuttal Expert Report of Thomas E. Keane, M.B.B.Ch., F.R.C.S.I., F.A.C.S. Regarding Validity of U.S. Patent Nos. 9,415,085 and 10,695,398, and (4) Rebuttal Expert Report of Knud J. Jensen, Ph.D. filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Aug 16, 2021 158 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Expert Report of Dr. James B. Robertson, M.D.; (ii) Opening Expert Report of Edward J. Yun, M.D.; and (iii) Expert Report of Zhaohui Sunny Zhou filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Aug 13, 2021 157 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Opening Expert Report of Kaare Rasmussen, Ph.D.; (2) Opening Expert Report of Knud J. Jensen, Ph.D.; (3) Opening Expert Report of Thomas E. Keane, M.B.B.Ch., F.R.C.S.I., F.A.C.S. Regarding Objective Evidence of Non-Obviousness of U.S. Patent Nos. 9,415,085 and 10,695,398; (4) Opening Expert Report of Thomas E. Keane, M.B.B.Ch., F.R.C.S.I., F.A.C.S. Regarding Infringement of U.S. Patent Nos. 9,415,085 and 10,695,398; (5) Opening Expert Report of Neal D. Shore, M.D., FACS Regarding Objective Evidence of Non-Obviousness of U.S. Patent Nos. 9,579,359, 10,729,739, and 10,973,870; (6) Opening Expert Report of Neal D. Shore, M.D., FACS Regarding Infringement of U.S. Patent Nos. 9,579,359, 10,729,739, and 10,973,870; (7)Opening Expert Report of Celestia S. Higano, M.D., FACP on Objective Evidence of Non-Obviousness of U.S. Patent Nos. 8,841,081 and 9,877,999, and (8) Opening Expert Report of Celestia S. Higano, M.D., FACP on Infringement of U.S. Patent Nos. 8,841,081 and 9,877,999 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Jul 30, 2021 155 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Final Invalidity Contentions and Fresenius Kabi USA, LLC's Supplemental Objections and Responses to Plaintiffs' Interrogatories (No. 4) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jul 30, 2021 156 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Final Supplemental Infringement Contentions and (2) Plaintiffs' Updated Objections and Responses to Fresenius Kabi USA, LLC's First Set of Interrogatories to Plaintiffs (Nos. 1-7) and Fresenius Kabi USA, LLC's Second Set of Interrogatories to Plaintiffs (Nos. 8-9) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Jul 6, 2021 154 SO ORDERED (3)
Docket Text: SO ORDERED re [152] STIPULATION TO EXTEND multiple Scheduling Order deadlines (Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 7/23/2021. Opening Expert Reports due by 8/13/2021. Rebuttal Expert Reports due by 9/17/2021. Reply Expert Reports due by 10/15/2021). Signed by Judge Maryellen Noreika on 7/6/2021. (dlw)
Jul 2, 2021 N/A Oral Order (0)
Docket Text: ORAL ORDER re [150] STIPULATION TO EXTEND multiple Scheduling Order deadlines - IT IS HEREBY ORDERED that the stipulation is DENIED. The proposed date for Daubert motions does not allow the Court enough time between the completion of Daubert briefing and the pretrial conference. ORDERED by Judge Maryellen Noreika on 7/2/2021. (dlw)
Jul 2, 2021 152 Stipulation to EXTEND Time (3)
Docket Text: STIPULATION TO EXTEND TIME to extend multiple Scheduling Order deadlines to see Stipulation for deadlines - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Jul 2, 2021 153 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Fresenius Kabi USA, LLC's Objections and Responses to Plaintiffs' Third Set of Interrogatories (Nos. 12-16) and (ii) Fresenius Kabi USA, LLC's Objections and Responses to Plaintiffs' Fourth Set of Requests for the Production of Documents and Things (Nos. 61-62) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jul 1, 2021 150 Stipulation to EXTEND Time (3)
Docket Text: STIPULATION TO EXTEND TIME to extend multiple Scheduling Order deadlines to see Stipulation for deadlines - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Jun 28, 2021 149 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Objections and Responses to Plaintiffs' First Set of Requests for Admission filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jun 24, 2021 148 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Fresenius Kabi USA, LLC's Third Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 83-85) and (2) Plaintiffs' Objections and Responses to Fresenius Kabi USA, LLC's Second Set of Interrogatories to Plaintiffs (Nos. 8-9) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Jun 21, 2021 144 Notice (Other) (8)
Docket Text: NOTICE of Subpoena to Testify at a Deposition to Fresenius Kabi Deutschland GmbH by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Bourke, Mary)
Jun 21, 2021 145 Notice (Other) (2)
Docket Text: NOTICE of Third Party Subpoena of Fresenius Kabi iPSUM to Testify at Deposition and Produce Documents by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Bourke, Mary)
Jun 21, 2021 146 Notice (Other) (2)
Docket Text: NOTICE of Third Party Subpoena of Shenzhen JYMed Technology Co., Ltd., to Testify at Deposition and Produce Documents by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Bourke, Mary)
Jun 21, 2021 147 Notice (Other) (2)
Docket Text: NOTICE of Third Party Subpoena of Walter Cabri to Testify at Deposition by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Bourke, Mary)
Jun 17, 2021 143 Main Document (2)
Docket Text: NOTICE of Third Party Subpoena of Corinna Sundermann to Testify at Deposition by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Attachments: # (1) Exhibit A)(Bourke, Mary)
Jun 17, 2021 143 Exhibit A (4)
Jun 16, 2021 142 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Jon Rasmussen on July 1, 2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jun 14, 2021 140 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Objections and Responses and Objections to Plaintiffs' Third Notice of Rule 30(B)(6) Deposition filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jun 14, 2021 141 Memorandum and Order (13)
Docket Text: MEMORANDUM ORDER REGARDING CLAIM CONSTRUCTION. Signed by Judge Maryellen Noreika on 6/14/2021. (dlw)
Jun 10, 2021 139 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Jon Rasmussen on 6/18/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jun 8, 2021 138 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Kristen Healey Cramer on behalf of Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Cramer, Kristen)
Jun 4, 2021 137 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Notice of Third Party Subpoena on Rochem International Inc. to Testify at Deposition and Produce Documents filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Jun 3, 2021 136 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Third Set of Interrogatories (Nos. 12-16) and (2) Plaintiffs' Fourth Set of Requests for Production of Documents and Things (Nos. 61-62) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 28, 2021 135 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Admission (Nos. 1-26) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 27, 2021 134 Letter (2)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding request for claim construction clarification. (Bourke, Mary)
May 26, 2021 133 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Objections and Responses to Plaintiffs' Third Set of Requests for the Production of Documents and Things (Nos. 57-60) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
May 25, 2021 132 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Fresenius Kabi USA, LLC's Second Set of Interrogatories to Plaintiffs (Nos. 8-9) and (ii) Fresenius Kabi USA, LLC's Third Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 83-85) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
May 24, 2021 130 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Corinna Sundermann on June 16, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 24, 2021 131 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Third Notice of Deposition of Defendant Fresenius Kabi USA, LLC and Fresenius Kabi AG filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 21, 2021 129 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' Second Supplemental Objections and Responses to Fresenius Kabi USA, LLC's First Set of Interrogatories to Plaintiffs (Nos. 1-7) filed by Ferring B.V., Ferring International Center S.A., Polypeptide Laboratories A/S.(Bourke, Mary)
May 19, 2021 128 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Objections and Responses and Objections to Plaintiffs' Second Notice of Rule 30(b)(6) Deposition filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
May 18, 2021 127 Transcript (71)
Docket Text: Official Transcript of Claim Construction hearing held on 05/05/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/8/2021. Redacted Transcript Deadline set for 6/18/2021. Release of Transcript Restriction set for 8/16/2021. (dh)
May 17, 2021 126 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Second Notice of Deposition of Defendant Fresenius Kabi USA, LLC and Fresenius Kabi AG filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 12, 2021 123 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Ferring Pharmaceuticals Inc., Ferring International Center S.A., and Ferring B.V.'s Objections and Responses to Defendant Fresenius Kabi USA, LLC's Notice of Deposition of Ferring Pursuant to Federal R. Civ. P. 30(b)(6) and (2) Polypeptide Laboratories A/S's Objections and Responses to Defendant Fresenius Kabi USA, LLC's Notice of Deposition of Polypeptide Laboratories A/S Pursuant to Federal R. Civ. P. 30(b)(6) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 12, 2021 124 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Objections and Responses to Plaintiffs' Notice of Rule 30(b)(6) Deposition filed by Fresenius Kabi USA, LLC.(Farnan, Michael)
May 12, 2021 125 Answer to Counterclaim (30)
Docket Text: ANSWER to [120] Answer to Amended Complaint,, Counterclaim, by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 11, 2021 121 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Arthur Harms on May 27, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 11, 2021 122 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Jinsung Liu on May 28, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
May 5, 2021 N/A Markman Hearing (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Markman Hearing held via Zoom on 5/5/2021. (Court Reporter Dale Hawkins.) (mdb)
Apr 29, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Jason G. Harp for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
Apr 28, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [119] MOTION for Pro Hac Vice Appearance of Attorney Jason G. Harp filed by Fresenius Kabi USA, LLC. ORDERED by Judge Maryellen Noreika on 4/28/2021. (dlw)
Apr 28, 2021 119 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jason G. Harp - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
Apr 28, 2021 120 Answer to Amended Complaint (30)
Docket Text: ANSWER to Amended Complaint, re: [91] Amended Complaint , COUNTERCLAIM against Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S by Fresenius Kabi USA, LLC.(Farnan, Michael)
Apr 27, 2021 113 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Arunya Usayapant on May 27, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 27, 2021 114 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Basma Ibrahim on June 1, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 27, 2021 115 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Brad Schmitt on May 25, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 27, 2021 116 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Dhruv Mangal on May 24, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 27, 2021 117 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Frank Muellner on May 28, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 27, 2021 118 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Kamlesh Patel on May 26, 2021 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 26, 2021 N/A Oral Order (0)
Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the 5/5/2021 Markman Hearing will be conducted remotely. Counsel shall meet and confer regarding the format for the hearing (i.e., teleconference or videoconference) and shall email the agreed-upon connection credentials to this Court's judicial administrator. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov, no later than 24 hours prior to the hearing. ORDERED by Judge Maryellen Noreika on 4/26/2021. (dlw)
Apr 26, 2021 110 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Daniel Marcus Attaway on behalf of Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Attaway, Daniel)
Apr 26, 2021 111 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' Third Set of Requests for the Production of Documents and Things (Nos. 57-60) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 26, 2021 112 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Notice of Deposition of Fresenius Kabi USA, LLC and Fresenius Kabi AG filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 23, 2021 107 Notice to Take Deposition (10)
Docket Text: NOTICE to Take Deposition of PolyPeptide Laboratories A/S on 6/30/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Michael)
Apr 23, 2021 108 Notice to Take Deposition (10)
Docket Text: NOTICE to Take Deposition of Ferring Pharmaceuticals Inc., Ferring International Center S.A., and Ferring B.V. on 6/23/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Michael)
Apr 21, 2021 106 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Fresenius Kabi USA, LLC's Second Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 81-82) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Apr 16, 2021 94 Main Document (10)
Docket Text: Supplemental JOINT CLAIM CONSTRUCTION BRIEF regarding U.S. Patent No. 10,973,870 filed by Ferring B.V., Ferring Pharmaceuticals Inc., Ferring International Center S.A., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit 1)(Bourke, Mary) Modified on 4/16/2021 (dlw).
Apr 16, 2021 94 Exhibit 1 (37)
Apr 16, 2021 95 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Fabrizio Badalassi on 5/26/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 96 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Per Cantor on 6/25/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 97 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Jens Fomsgaard on 5/31/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 98 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Jens-Kristian Slott Jensen on 6/28/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 99 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Thomas Kratz on 5/28/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 100 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Egbert A van der Meulen on 6/21/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 101 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Tine Kold Olesen on 6/7/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 102 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Bo-Eric Persson on 6/18/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 103 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Gunnar Staerkaer on 6/11/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 104 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Laszlo Balazs Tanko on 6/14/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 16, 2021 105 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Haixiang Zhang on 6/4/2021 filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Apr 14, 2021 89 Main Document (3)
Docket Text: UNOPPOSED MOTION for Leave to File a Third Amended Complaint - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Amended Complaint A to Motion - Third Amended Complaint, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit R, # (20) Exhibit B to Motion - Redline, # (21) Text of Proposed Order)(Bourke, Mary) Modified on 4/14/2021 (dlw).
Apr 14, 2021 89 Amended Complaint A to Motion - Third Amended Complaint (56)
Apr 14, 2021 89 Exhibit A (34)
Apr 14, 2021 89 Exhibit B (42)
Apr 14, 2021 89 Exhibit C (28)
Apr 14, 2021 89 Exhibit D (30)
Apr 14, 2021 89 Exhibit E (7)
Apr 14, 2021 89 Exhibit F (21)
Apr 14, 2021 89 Exhibit G (7)
Apr 14, 2021 89 Exhibit H (2)
Apr 14, 2021 89 Exhibit I (2)
Apr 14, 2021 89 Exhibit J (13)
Apr 14, 2021 89 Exhibit K (3)
Apr 14, 2021 89 Exhibit L (10)
Apr 14, 2021 89 Exhibit M (9)
Apr 14, 2021 89 Exhibit N (16)
Apr 14, 2021 89 Exhibit O (12)
Apr 14, 2021 89 Exhibit P (43)
Apr 14, 2021 89 Exhibit Q (37)
Apr 14, 2021 89 Exhibit R (37)
Apr 14, 2021 89 Exhibit B to Motion - Redline (59)
Apr 14, 2021 89 Text of Proposed Order C to Motion - Proposed Order (2)
Apr 14, 2021 90 Order on Motion for Leave to File (1)
Docket Text: ORDER GRANTING [89] Unopposed Motion for Leave to File Third Amended Complaint. The parties are to file a joint 6-page supplement to the Joint Claim Construction Brief on 4/16/2021 addressing disputed terms in the 10,973,870 patent. Signed by Judge Maryellen Noreika on 4/14/2021. (dlw)
Apr 14, 2021 91 Main Document (56)
Docket Text: THIRD AMENDED COMPLAINT against Fresenius Kabi USA, LLC- filed by Ferring B.V., Ferring Pharmaceuticals Inc., Ferring International Center S.A., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A - R, # (2) Redline Comparison)(dlw)
Apr 14, 2021 91 Exhibit A - R (353)
Apr 14, 2021 91 Redline Comparison (57)
Apr 14, 2021 92 Patent/Trademark Report to Commissioner (1)
Docket Text: FURTHER UPDATED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,579,359; 9,415,085; 8,841,081; 9,877,999; 8,828,938; 10,695,398; 10,729,739; 10,973,870. (dlw)
Apr 14, 2021 93 Letter (1)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding Response to Oral Order - re [84] Oral Order,,,,. (Bourke, Mary)
Apr 14, 2021 91 Amended Complaint* (1)
Apr 9, 2021 88 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Fresenius Kabi USA, LLC's Objections and Responses to Plaintiffs' Second Set of Interrogatories (Nos. 4-11) and (ii) Fresenius Kabi UAS, LLC's Objections and Responses to Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 43-56) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Mar 23, 2021 85 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Second Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 81-82) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Mar 23, 2021 86 Redacted Document (30)
Docket Text: REDACTED VERSION of [77] Joint Claim Construction Brief by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Mar 23, 2021 87 Main Document (4)
Docket Text: REDACTED VERSION of [78] Appendix,, by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Certificate of Service)(Bourke, Mary)
Mar 23, 2021 87 Exhibit A (37)
Mar 23, 2021 87 Exhibit B (39)
Mar 23, 2021 87 Exhibit C (46)
Mar 23, 2021 87 Exhibit D (45)
Mar 23, 2021 87 Exhibit E (33)
Mar 23, 2021 87 Exhibit F (33)
Mar 23, 2021 87 Exhibit G (10)
Mar 23, 2021 87 Exhibit H (11)
Mar 23, 2021 87 Exhibit I (17)
Mar 23, 2021 87 Exhibit J (11)
Mar 23, 2021 87 Exhibit K (80)
Mar 23, 2021 87 Exhibit L (9)
Mar 23, 2021 87 Exhibit M (9)
Mar 23, 2021 87 Exhibit N (15)
Mar 23, 2021 87 Exhibit O (20)
Mar 23, 2021 87 Exhibit P (2)
Mar 23, 2021 87 Exhibit Q (8)
Mar 23, 2021 87 Exhibit R (16)
Mar 23, 2021 87 Exhibit S (8)
Mar 23, 2021 87 Exhibit T (1)
Mar 23, 2021 87 Certificate of Service (1)
Mar 18, 2021 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: The docket text of the Oral Order at D.I. 84 has been updated to reflect a new due date for the Amended Joint Claim Chart and letter - April 14, 2021. (dlw)
Mar 17, 2021 N/A Set/Reset Scheduling Order Deadlines (0)
Docket Text: ORAL ORDER RESETTING Scheduling Order Deadlines: IT IS HEREBY ORDERED that the 4/6/2021 Markman Hearing is RESET for 5/5/2021 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside 2.5 hours for the hearing with the time to be split equally between the parties. ORDERED by Judge Maryellen Noreika on 3/17/2021. (dlw)
Mar 17, 2021 N/A Oral Order (0)
Docket Text: ORAL ORDER re [77] Joint Claim Construction Brief - On or before 4/14/2021, local and lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the joint claim construction brief. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. ORDERED by Judge Maryellen Noreika on 3/17/2021. (dlw) Modified on 3/18/2021 (dlw).
Mar 16, 2021 79 Main Document (23)
Docket Text: DECLARATION of Neal Shore, M.D. re [77] Joint Claim Construction Brief by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Bourke, Mary) Modified on 3/17/2021 (dlw).
Mar 16, 2021 79 Exhibit 1 (59)
Mar 16, 2021 79 Exhibit 2 (2)
Mar 16, 2021 79 Exhibit 3 (165)
Mar 16, 2021 79 Exhibit 4 (10)
Mar 16, 2021 79 Exhibit 5 (11)
Mar 16, 2021 79 Exhibit 6 (11)
Mar 16, 2021 80 Statement (26)
Docket Text: STATEMENT re [77] Joint Claim Construction Brief // Plaintiffs' Technology Tutorial by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary) Modified on 3/17/2021 (dlw).
Mar 16, 2021 81 Letter (1)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding claim construction hearing. (Bourke, Mary)
Mar 16, 2021 82 Main Document (20)
Docket Text: DECLARATION of J. Bruce Robertson, M.D. re [77] Joint Claim Construction Brief by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Bourke, Mary) Modified on 3/17/2021 (dlw).
Mar 16, 2021 82 Exhibit 1 (7)
Mar 16, 2021 82 Exhibit 2 (2)
Mar 16, 2021 83 Notice of Filing Multi Media Materials (2)
Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Defendant Fresenius Kabi USA, LLC's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Michael J. Farnan on behalf of Fresenius Kabi USA, LLC (Farnan, Michael)
Mar 10, 2021 75 SO ORDERED (3)
Docket Text: SO ORDERED re [74] STIPULATION TO EXTEND multiple Scheduling Order deadlines (Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 4/28/2021. Fact Discovery completed by 7/2/2021. Opening Expert Reports due by 7/30/2021. Rebuttal Expert Reports due by 9/10/2021. Reply Expert Reports due by 10/8/2021. Expert Discovery due by 11/12/2021. Joinder of Parties due by 4/28/2021). SEE STIPULATION FOR FURTHER AND COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 3/10/2021. (dlw)
Mar 10, 2021 76 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 43-56) and (2) Plaintiffs' Second Set of Interrogatories (Nos. 4-11) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Mar 3, 2021 74 Stipulation to EXTEND Time (3)
Docket Text: STIPULATION TO EXTEND TIME to extend multiple Scheduling Order deadlines to see Stipulation for deadlines - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Feb 24, 2021 73 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi USA, LLC's First Supplemental Objections and Responses to Plaintiffs' First Set of Interrogatories (No. 1) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Feb 16, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [72] STIPULATION TO EXTEND TIME to serve reply and sur-reply claim construction briefs, and deadline to file Joint Claim Construction Brief (Set/Reset Scheduling Order Deadlines: Reply Claim Construction Brief served by 2/26/2021. Surreply Claim Construction Brief served by 3/12/2021. Joint Claim Construction Brief filed by 3/16/2021). ORDERED by Judge Maryellen Noreika on 2/16/2021. (dlw)
Feb 16, 2021 72 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to serve reply and sur-reply claim construction briefs, and deadline to file Joint Claim Construction Brief to see Stipulation for deadlines - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Severance, Dana)
Feb 3, 2021 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 9/13/2021 at 10:00 AM Eastern Time with Judge Mary Pat Thynge to discuss the status of the case and mediation. Ordered by Judge Mary Pat Thynge on 2/3/21. (cak)
Feb 1, 2021 70 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Response to Fresenius Kabi USA, LLC's Interrogatory No. 1 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Jan 8, 2021 69 Claim Construction Chart (14)
Docket Text: JOINT CLAIM Construction Chart by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Severance, Dana) Modified on 1/11/2021 (dlw).
Dec 15, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [67] STIPULATION TO EXTEND TIME to exchange a list of claim term(s) and phrase(s) the parties believe need construction and their proposed construction(s) to December 23, 2020. ORDERED by Judge Maryellen Noreika on 12/15/2020. (dlw)
Dec 14, 2020 67 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to exchange a list of claim term(s) and phrase(s) the parties believe need construction and their proposed construction(s) to December 23, 2020 - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc.. (Severance, Dana)
Dec 14, 2020 68 Answer to Counterclaim (30)
Docket Text: ANSWER to [62] Answer to Amended Complaint,, Counterclaim, by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc..(Bourke, Mary)
Dec 10, 2020 66 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Amended Initial Invalidity Contentions filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Dec 7, 2020 65 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Fresenius Kabi USA, LLC's First Set of Interrogatories to Plaintiffs (Nos. 1-7) and (2) Plaintiffs' Objections and Responses to Fresenius Kabi USA, LLC's First Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 1-80) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Dec 1, 2020 63 Proposed Order (25)
Docket Text: PROPOSED ORDER // Stipulated Protective Order by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary) Modified on 12/1/2020 (dlw).
Dec 1, 2020 64 Protective Order (25)
Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 12/1/2020. (dlw)
Nov 30, 2020 62 Answer to Amended Complaint (30)
Docket Text: ANSWER to Amended Complaint, re: [58] Amended Complaint , COUNTERCLAIM against Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S by Fresenius Kabi USA, LLC.(Farnan, Michael)
Nov 25, 2020 61 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' Second Supplemental Infringement Contentions filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc..(Bourke, Mary)
Nov 24, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [60] Stipulation and Order - IT IS HEREBY ORDERED that the time for Plaintiffs to reply, move, or otherwise respond to Defendant's counterclaims is extended to December 14, 2020. ORDERED by Judge Maryellen Noreika on 11/24/2020. (dlw)
Nov 24, 2020 60 Stipulation (3)
Docket Text: Joint STIPULATION to Respond to Defendant's Counterclaims by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc.. (Bourke, Mary)
Nov 16, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [57] UNOPPOSED MOTION for Leave to File a Second Amended Complaint - IT IS HEREBY ORDERED that the Motion is GRANTED and the Second Amended Complaint is deemed filed and served as of the date of this Order. ORDERED by Judge Maryellen Noreika on 11/16/2020. (dlw)
Nov 16, 2020 57 Main Document (4)
Docket Text: UNOPPOSED MOTION for Leave to File a Second Amended Complaint - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Amended Complaint Exhibit A to Motion, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit B to Motion, # (20) Text of Proposed Order Exhibit C to Motion)(Bourke, Mary) Modified on 11/16/2020 (dlw).
Nov 16, 2020 57 Amended Complaint Exhibit A to Motion (53)
Nov 16, 2020 57 Exhibit A (34)
Nov 16, 2020 57 Exhibit B (42)
Nov 16, 2020 57 Exhibit C (28)
Nov 16, 2020 57 Exhibit D (30)
Nov 16, 2020 57 Exhibit E (7)
Nov 16, 2020 57 Exhibit F (21)
Nov 16, 2020 57 Exhibit G (7)
Nov 16, 2020 57 Exhibit H (2)
Nov 16, 2020 57 Exhibit I (2)
Nov 16, 2020 57 Exhibit J (13)
Nov 16, 2020 57 Exhibit K (3)
Nov 16, 2020 57 Exhibit L (10)
Nov 16, 2020 57 Exhibit M (9)
Nov 16, 2020 57 Exhibit N (16)
Nov 16, 2020 57 Exhibit O (12)
Nov 16, 2020 57 Exhibit P (43)
Nov 16, 2020 57 Exhibit Q (37)
Nov 16, 2020 57 Exhibit B to Motion (54)
Nov 16, 2020 57 Text of Proposed Order Exhibit C to Motion (2)
Nov 16, 2020 58 Main Document (53)
Docket Text: SECOND AMENDED COMPLAINT against Fresenius Kabi USA, LLC- filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A - Q, # (2) Redline Comparison)(dlw)
Nov 16, 2020 58 Exhibit A - Q (316)
Nov 16, 2020 58 Redline Comparison (53)
Nov 16, 2020 59 Patent/Trademark Report to Commissioner (1)
Docket Text: UPDATED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s): 9,415,085; 8,841,081; 9,877,999; 8,828,938; 10,695,398; 10,729,739. (dlw)
Nov 16, 2020 58 Amended Complaint* (1)
Nov 6, 2020 56 Answer to Amended Complaint (30)
Docket Text: ANSWER to Amended Complaint, re: [16] Amended Complaint,, , COUNTERCLAIM against Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S by Fresenius Kabi USA, LLC.(Farnan, Michael)
Nov 5, 2020 55 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Fresenius Kabi USA, LLC's First Set of Interrogatories to Plaintiffs (Nos. 1-7) and (ii) Fresenius Kabi USA, LLC's First Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 1-80) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Nov 4, 2020 54 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-42) and Fresenius Kabi's Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-3) filed by Fresenius Kabi USA, LLC.(Farnan, Michael)
Oct 30, 2020 53 Transcript (39)
Docket Text: Official Transcript of Motion Hearing Via Teleconference held on 10/23/20 before Judge Maryellen Noreika. 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 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021. (Triozzi, Heather)
Oct 23, 2020 N/A Motion Hearing (0)
Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held via telephone on 10/23/2020. The two motions to dismiss (DI [11], [22]) are DENIED. The transcript shall serve as the order of the court. (Court Reporter Heather Triozzi.) (mdb)
Oct 21, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney John K. Hsu for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
Oct 21, 2020 52 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' First Supplemental Infringement Contentions for U.S. Patent Nos. 9,579,359, 9,415,085, 8,841,081, 9,877,999 and 8,828,938 filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Oct 19, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [51] MOTION for Pro Hac Vice Appearance of Attorney John K. Hsu filed by Fresenius Kabi USA, LLC. ORDERED by Judge Maryellen Noreika on 10/19/2020. (dlw)
Oct 19, 2020 51 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John K. Hsu - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
Oct 16, 2020 49 Letter (2)
Docket Text: Letter to The Honorable Maryellen Noreika from Brian E. Farnan regarding GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. Federal Circuit Decision - re [48] Order Setting Hearing on Motion,,,,,. (Farnan, Michael)
Oct 16, 2020 50 Letter (2)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke - re [48] Order Setting Hearing on Motion,,,,,. (Bourke, Mary)
Oct 13, 2020 N/A Order Setting Hearing on Motion (0)
Docket Text: ORAL ORDER Setting Telephonic Hearing on [11] MOTION to Dismiss for Failure to State a Claim; MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, [22] RENEWED MOTION to Dismiss for Failure to State a Claim; RENEWED MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - A telephonic Motion Hearing is set for 10/23/2020 at 02:00 PM before Judge Maryellen Noreika. The Court is setting aside one (1) hour for this hearing with the time to be split equally between the parties. Any slide presentations the parties wish to use during the hearing should be emailed (in PDF format) to MN_Civil@ded.uscourts.gov no later than 24 hours prior to the hearing. IT IS FURTHER ORDERED that, on or before 10/16/2020, Plaintiffs and Defendants shall each submit a two-page letter addressing the impact, if any, that the Federal Circuit's Opinion in GSK v. Teva (2018-1976, 2018-2023) has on this action. IT IS FINALLY ORDERED that the Court will also hear argument on the parties' protective order dispute (D.I. 44-47) during this time. Counsel shall provide dial-in credentials for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 10/13/2020. (dlw)
Oct 8, 2020 46 Letter (3)
Docket Text: Letter to The Honorable Maryellen Noreika from Brian E. Farnan regarding Response to Plaintiffs' October 6, 2020 Letter - re [45] Letter. (Farnan, Brian)
Oct 8, 2020 47 Letter (3)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding Response to Defendant's October 6, 2020 Letter - re [44] Letter. (Bourke, Mary)
Oct 6, 2020 44 Letter (2)
Docket Text: Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Protective Order Dispute. (Farnan, Michael)
Oct 6, 2020 45 Main Document (4)
Docket Text: Letter to The Honorable Maryellen Noreika from Mary W. Bourke regarding Protective Order Dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Bourke, Mary)
Oct 6, 2020 45 Exhibit A (26)
Oct 6, 2020 45 Exhibit B (36)
Oct 6, 2020 45 Exhibit C (6)
Oct 5, 2020 43 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-42) and Plaintiffs' First Set of Interrogatories (Nos. 1-3) filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Sep 23, 2020 N/A Oral Order (0)
Docket Text: ORAL ORDER - After having been advised by the parties of their inability to resolve a protective order dispute, IT IS HEREBY ORDERED that opening letters (not to exceed three (3) pages) are due on or before 10/6/2020 and responsive letters (not to exceed three (3) pages) are due on or before 10/8/2020. Counsel shall attach to one of the opening letters the Proposed Protective Order with the parties' proposals clearly set forth. ORDERED by Judge Maryellen Noreika on 9/23/2020. (dlw)
Sep 18, 2020 41 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Fresenius Kabi's Initial Invalidity Contentions filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Aug 26, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [40] STIPULATION TO EXTEND TIME for the parties to exchange their initial list of search terms to 9/2/2020. ORDERED by Judge Maryellen Noreika on 8/26/2020. (dlw)
Aug 26, 2020 40 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for the parties to exchange their initial list of search terms to 9/2/2020 - filed by Fresenius Kabi USA, LLC. (Farnan, Michael)
Aug 13, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Joshua P. Davis for Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S 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. (kmd)
Aug 12, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Kenneth Mueller for Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S 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. (kmd)
Aug 12, 2020 39 Order (12)
Docket Text: STIPULATION AND ORDER ON DISCOVERY. Signed by Judge Maryellen Noreika on 8/12/2020. (dlw)
Aug 11, 2020 38 Stipulation (12)
Docket Text: STIPULATION and Order on Discovery by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Severance, Dana)
Aug 10, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [36] MOTION for Pro Hac Vice Appearance of Attorney Joshua P. Davis and Kenneth Mueller filed by Polypeptide Laboratories A/S, Ferring B.V., Ferring Pharmaceuticals Inc., Ferring International Center S.A. ORDERED by Judge Maryellen Noreika on 8/10/2020. (dlw)
Aug 10, 2020 36 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua P. Davis and Kenneth Mueller - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Severance, Dana)
Aug 10, 2020 37 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Ben Bourke on behalf of Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S (Bourke, Ben)
Aug 5, 2020 35 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendant Fresenius Kabi USA, LLC's Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jul 29, 2020 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: DI 34 removed from the docket. Order was filed in the wrong case. (cak)
Jul 29, 2020 34 Order Setting Teleconference (4)
Docket Text: ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 1/11/2021 at 10:00 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR Signed by Judge Mary Pat Thynge on 7/29/20. (cak)
Jul 16, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [33] STIPULATION TO EXTEND TIME to submit application to the Court for Protective Order to July 22, 2020. ORDERED by Judge Maryellen Noreika on 7/16/2020. (dlw)
Jul 16, 2020 33 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to submit application to the Court for Protective Order to July 22, 2020 - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Jul 9, 2020 32 Request for Oral Argument (1)
Docket Text: REQUEST for Oral Argument by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S re [22] RENEWED MOTION to Dismiss for Failure to State a ClaimRENEWED MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter. (Bourke, Mary)
Jul 2, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [30] STIPULATION TO EXTEND TIME to submit Application to the Court for Protective Order to July 16, 2020. ORDERED by Judge Maryellen Noreika on 7/2/2020. (dlw)
Jul 2, 2020 30 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to submit Application to the Court for Protective Order to July 16, 2020 - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Jul 2, 2020 31 Reply Brief (15)
Docket Text: REPLY BRIEF re [22] RENEWED MOTION to Dismiss for Failure to State a Claim, RENEWED MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 7/2/2020 (dlw).
Jun 29, 2020 28 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiffs' Rule 26(a)(1)(A) Disclosures filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.(Bourke, Mary)
Jun 29, 2020 29 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendant Fresenius Kabi USA, LLC's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Fresenius Kabi USA, LLC.(Farnan, Brian)
Jun 25, 2020 27 Answering Brief in Opposition (26)
Docket Text: ANSWERING BRIEF in Opposition re [22] RENEWED MOTION to Dismiss for Failure to State a ClaimRENEWED MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.Reply Brief due date per Local Rules is 7/2/2020. (Bourke, Mary)
Jun 23, 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)
Jun 23, 2020 N/A Oral Order (0)
Docket Text: ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before July 21, 2020 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. When referencing the timing for mediation, counsel rely on certain events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert reports and the like, they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 6/23/20. (cak)
Jun 22, 2020 25 Scheduling Order (12)
Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 4/2/2021. Amended Pleadings due by 4/2/2021. Fact Discovery completed by 6/11/2021. Opening Expert Reports due by 7/23/2021. Rebuttal Expert Reports due by 9/3/2021. Reply Expert Reports due by 10/1/2021. Expert Discovery due by 11/5/2021. Daubert Motions due by 11/19/2021. Claim Construction Opening Brief served by 1/22/2021. Claim Construction Answering Brief served by 2/5/2021. Claim Construction Reply Brief served by 2/19/2021. Claim Construction Surreply Brief served by 3/5/2021. Joint Claim Construction Brief filed by 3/9/2021. A Markman Hearing is set for 4/6/2021 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 1/11/2022 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A four-day Bench Trial is set for 1/18/2022 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 6/22/2020. (dlw)
Jun 19, 2020 24 Proposed Order (12)
Docket Text: PROPOSED ORDER // Scheduling Order by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary) Modified on 6/22/2020 (dlw).
Jun 11, 2020 22 Motion to Dismiss for Failure to State a Claim (2)
Docket Text: RENEWED MOTION to Dismiss for Failure to State a Claim, RENEWED MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 6/19/2020 (dlw).
Jun 11, 2020 23 Opening Brief in Support (26)
Docket Text: OPENING BRIEF in Support re [22] RENEWED MOTION to Dismiss for Failure to State a Claim, RENEWED MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Fresenius Kabi USA, LLC. Answering Brief/Response due date per Local Rules is 6/25/2020. (Farnan, Brian) Modified on 6/19/2020 (dlw).
Jun 9, 2020 N/A Oral Order (0)
Docket Text: ORAL ORDER re [20] Proposed Scheduling Order - Having reviewed the parties' proposed Scheduling Order, IT IS HEREBY ORDERED that the Court will hold a 4-day bench trial beginning on 1/18/2022. The parties shall confer and, on or before 6/19/2020, shall submit a revised proposed Scheduling Order based on the January 2022 trial date. ORDERED by Judge Maryellen Noreika on 6/9/2020. (dlw)
Jun 8, 2020 20 Main Document (13)
Docket Text: PROPOSED ORDER // Proposed Scheduling Order by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit Letter to The Honorable Maryellen Noreika)(Bourke, Mary) Modified on 6/9/2020 (dlw).
Jun 8, 2020 20 Exhibit Letter to The Honorable Maryellen Noreika (1)
Jun 4, 2020 19 Reply Brief (12)
Docket Text: REPLY BRIEF re [11] MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
May 28, 2020 16 Main Document (45)
Docket Text: First AMENDED COMPLAINT against Fresenius Kabi USA, LLC- filed by Ferring Pharmaceuticals Inc., Ferring International Center S.A., Ferring B.V., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O)(Bourke, Mary) (Additional attachment(s) added on 5/29/2020: # (16) Redline Comparison) (dlw).
May 28, 2020 16 Exhibit A (34)
May 28, 2020 16 Exhibit B (42)
May 28, 2020 16 Exhibit C (28)
May 28, 2020 16 Exhibit D (30)
May 28, 2020 16 Exhibit E (7)
May 28, 2020 16 Exhibit F (21)
May 28, 2020 16 Exhibit G (7)
May 28, 2020 16 Exhibit H (2)
May 28, 2020 16 Exhibit I (2)
May 28, 2020 16 Exhibit J (13)
May 28, 2020 16 Exhibit K (3)
May 28, 2020 16 Exhibit L (10)
May 28, 2020 16 Exhibit M (9)
May 28, 2020 16 Exhibit N (16)
May 28, 2020 16 Exhibit O (12)
May 28, 2020 16 Redline Comparison (47)
May 28, 2020 17 Answering Brief in Opposition (11)
Docket Text: ANSWERING BRIEF in Opposition re [11] MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S.Reply Brief due date per Local Rules is 6/4/2020. (Bourke, Mary)
May 28, 2020 18 Main Document (2)
Docket Text: DECLARATION of Dana K. Severance re [17] Answering Brief in Opposition by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Severance, Dana) Modified on 5/29/2020 (dlw).
May 28, 2020 18 Exhibit A (34)
May 28, 2020 18 Exhibit B (5)
May 28, 2020 18 Exhibit C (13)
May 28, 2020 16 Amended Complaint* (1)
May 27, 2020 15 Disclosure Statement (2)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fresenius Kabi Pharmaceuticals Holding, Inc., Other Affiliate Fresenius Kabi AG, Other Affiliate Fresenius SE & Co. KGaA for Fresenius Kabi USA, LLC filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
May 21, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [14] STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendant's Motion to Dismiss or Sever Counts III-V of the Complaint to May 28, 2020 (Set Briefing Schedule: re [11] MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - Answering Brief due 5/28/2020). ORDERED by Judge Maryellen Noreika on 5/21/2020. (dlw)
May 20, 2020 14 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendant's Motion to Dismiss or Sever Counts III-V of the Complaint to May 28, 2020 - filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
May 8, 2020 N/A Oral Order (0)
Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 5/8/2020. (dlw)
May 7, 2020 11 Motion to Dismiss for Failure to State a Claim (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
May 7, 2020 12 Opening Brief in Support (27)
Docket Text: OPENING BRIEF in Support re [11] MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Fresenius Kabi USA, LLC.Answering Brief/Response due date per Local Rules is 5/21/2020. (Farnan, Brian)
May 6, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Thomas A. Rammer, II, Joel M. Wallace, and Imron T. Aly for Fresenius Kabi USA, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam)
May 5, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [10] MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Joel M. Wallace, and Thomas A. Rammer II filed by Fresenius Kabi USA, LLC. ORDERED by Judge Maryellen Noreika on 5/5/2020. (dlw)
May 5, 2020 10 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Imron T. Aly, Joel M. Wallace, and Thomas A. Rammer II - filed by Fresenius Kabi USA, LLC. (Farnan, Brian)
Apr 16, 2020 9 SO ORDERED (5)
Docket Text: SO ORDERED re [6] Stipulation and Order Dismissing without Prejudice Defendant Fresenius Kabi AG and Amending Caption to Reflect Same. Party Fresenius Kabi AG terminated. Signed by Judge Maryellen Noreika on 4/16/2020. (dlw)
Apr 15, 2020 6 Stipulation (5)
Docket Text: STIPULATION and Order Dismissing Without Prejudice Defendant Fresenius Kabi AG and Amending Caption to Reflect Same by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (Bourke, Mary)
Apr 15, 2020 7 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Brian E. Farnan on behalf of Fresenius Kabi USA, LLC (Farnan, Brian)
Apr 15, 2020 8 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Michael J. Farnan on behalf of Fresenius Kabi USA, LLC (Farnan, Michael)
Apr 1, 2020 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
Mar 27, 2020 N/A No Summons Issued (0)
Docket Text: No Summons Issued. (nmg)
Mar 26, 2020 1 Main Document (30)
Docket Text: COMPLAINT for PATENT INFRINGEMENT filed against Fresenius Kabi AG, Fresenius Kabi USA, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2886897.) - filed by Ferring Pharmaceuticals Inc., Ferring International Center S.A., Ferring B.V., Polypeptide Laboratories A/S. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Civil Cover Sheet)(nmg)
Mar 26, 2020 1 Exhibit A (34)
Mar 26, 2020 1 Exhibit B (42)
Mar 26, 2020 1 Exhibit C (28)
Mar 26, 2020 1 Exhibit D (30)
Mar 26, 2020 1 Exhibit E (7)
Mar 26, 2020 1 Exhibit F (21)
Mar 26, 2020 1 Civil Cover Sheet (2)
Mar 26, 2020 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
Mar 26, 2020 3 ANDA Form (2)
Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 2/12/2020. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 8/12/2022. (nmg)
Mar 26, 2020 4 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,579,359; US 9,415,085; US 8,841,081; US 9,877,999; US 8,828,938. (nmg)
Mar 26, 2020 5 Disclosure Statement (2)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ferring Holding S.A. for Ferring B.V., Ferring International Center S.A.; Corporate Parent PolyPeptide Laboratories BV for Polypeptide Laboratories A/S; Corporate Parent Ferring Holding Inc., Corporate Parent Ferring B.V. for Ferring Pharmaceuticals Inc. filed by Ferring B.V., Ferring International Center S.A., Ferring Pharmaceuticals Inc., Polypeptide Laboratories A/S. (nmg)
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