Case number 1:21-cv-01714
HQ Specialty Pharma Corp. et al v. Fresenius Kabi USA, LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 22, 2025 | 331 | Notice of Appeal* (1) |
| Jul 2, 2025 | 319 | MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 7/2/2025. (dlw) (Entered: 07/02/2025) (32) |
| Jul 2, 2025 | 320 | ORDER re 319 Memorandum Opinion - IT IS HEREBY ORDERED that: 1. Plaintiffs' renewed motion for judgment as a matter of law (D.I. 295) is GRANTED-IN-PART and DENIED-IN-PART. 2. Defendant's motion for judgment as a matter of law or new trial (D.I. 293) is DENIED. 3. Plaintiffs' motion to correct inventorship (D.I. 267) is GRANTED. 4. Plaintiffs' motion to alter the judgment (D.I. 295) is GRANTED. 5. The parties shall jointly submit a proposed form of final judgment consistent with the opinions and orders of the Court (D.I. 314, 315, 319, 320) by July 16, 2025. Signed by Judge Maryellen Noreika on 7/2/2025. (dlw) (Entered: 07/02/2025) (1) |
| May 22, 2025 | 318 | NOTICE of Withdrawal of Counsel by HQ Specialty Pharma Corp., WG Critical Care, LLC (Dellinger, Megan) (Entered: 05/22/2025) (2) |
| May 19, 2025 | 316 | Letter to The Honorable Maryellen Noreika from Megan E. Dellinger regarding recent developments. (Dellinger, Megan) (Entered: 05/19/2025) (2) |
| May 19, 2025 | 317 | NOTICE of Subsequent Activity by Fresenius Kabi USA, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Farnan, Brian) (Entered: 05/19/2025) (0) |
| Mar 31, 2025 | 314 | MEMORANDUM OPINION (regarding Inequitable Conduct). Signed by Judge Maryellen Noreika on 3/31/2025. (dlw) (Entered: 03/31/2025) (28) |
| Mar 31, 2025 | 315 | ORDER re 314 Memorandum Opinion - IT IS HEREBY ORDERED that Defendant has failed to prove its affirmative defenses and counterclaims of inequitable conduct by clear and convincing evidence. The Court will enter judgment in favor of Plaintiffs on inequitable conduct in the final judgment to be entered after the Court addresses the pending post-trial motions. Signed by Judge Maryellen Noreika on 3/31/2025. (dlw) (Entered: 03/31/2025) (1) |
| Mar 7, 2025 | 313 | NOTICE requesting Clerk to remove Kevin P. Burke as co-counsel.. (Farnan, Brian) (Entered: 03/07/2025) (2) |
| Nov 13, 2024 | 312 | REDACTED VERSION of 310 Declaration by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/13/2024) (30) |
| Nov 7, 2024 | 311 | ORAL ORDER re 309 Letter, 310 Declaration: IT IS HEREBY ORDERED that Fresenius's request to redact three trial exhibits is GRANTED. Counsel shall apply the proposed redactions and email those redacted trial exhibits to mn_civil@ded.uscourts.gov by NOON tomorrow, 11/8/2024. ORDERED by Judge Maryellen Noreika on 11/7/2024. (mdb) (Entered: 11/07/2024) (0) |
| Nov 6, 2024 | 309 | Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Proposed Redactions to Trial Exhibits. (Farnan, Michael) (Entered: 11/06/2024) (2) |
| Nov 6, 2024 | 310 | [SEALED] DECLARATION of Heinz J. Salmen re 309 Letter by Fresenius Kabi USA, LLC. (Attachments: # 1 Appendix A, # 2 PTX 137, # 3 PTX 174, # 4 PTX 192)(Farnan, Michael) Modified on 11/6/2024 (mdb). (Entered: 11/06/2024) (0) |
| Nov 5, 2024 | 307 | REPLY BRIEF re 295 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, in the Alternative, to Alter Judgment Under Fed. R. Civ. P. 59(e) (Renewed) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/05/2024) (14) |
| Nov 5, 2024 | 308 | REPLY BRIEF re 293 MOTION for Judgment as a Matter of Law and Alternative Motion for a New Trial MOTION for New Trial filed by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 11/05/2024) (17) |
| Oct 30, 2024 | 306 | ORAL ORDER re 303 Letter: IT IS HEREBY ORDERED that Fresenius's request is GRANTED-IN-PART. The defendant shall provide the Court with proposed redactions of those exhibits within seven (7) days from this Order by filing those exhibits UNDER SEAL with the proposed redactions highlighted (not blacked out). In addition, Fresenius shall file a declaration that explains how each redaction meets the standard set forth in In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 673 (3d Cir. 2019). ORDERED by Judge Maryellen Noreika on 10/30/2024. (mdb) (Entered: 10/30/2024) (0) |
| Oct 29, 2024 | 303 | Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Response to Request for Trial Exhibits. (Farnan, Michael) (Entered: 10/29/2024) (2) |
| Oct 29, 2024 | 304 | ANSWERING BRIEF in Opposition re 295 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, in the Alternative, to Alter Judgment Under Fed. R. Civ. P. 59(e) (Renewed) filed by Fresenius Kabi USA, LLC.Reply Brief due date per Local Rules is 11/5/2024. (Farnan, Michael) (Entered: 10/29/2024) (21) |
| Oct 29, 2024 | 305 | ANSWERING BRIEF in Opposition re 293 MOTION for Judgment as a Matter of Law and Alternative Motion for a New Trial MOTION for New Trial filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.Reply Brief due date per Local Rules is 11/5/2024. (Dellinger, Megan) (Entered: 10/29/2024) (26) |
| Oct 28, 2024 | 302 | STIPULATION TO EXTEND TIME to Respond or Object to Trial Exhibit Request to October 29, 2024 - filed by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 10/28/2024) (1) |
| Oct 22, 2024 | 301 | Reply POST TRIAL BRIEF on Inequitable Conduct by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 10/23/2024 (dlw). (Entered: 10/22/2024) (15) |
| Oct 21, 2024 | 299 | Letter to Judge Noreika from Anne Gaza, Esq. regarding request for trial exhibits - re 264 Exhibit List, 263 Exhibit List. (mdb) (Entered: 10/21/2024) (1) |
| Oct 21, 2024 | 300 | ORAL ORDER re 299 Letter: IT IS HEREBY ORDERED that, by Monday, October 28, 2024, the parties shall file any responses or objections to the request for trial exhibits. If no objections are received, the exhibits will be provided electronically to the requesting party. ORDERED by Judge Maryellen Noreika on 10/21/2024. (mdb) (Entered: 10/21/2024) (0) |
| Oct 15, 2024 | 293 | MOTION for Judgment as a Matter of Law and Alternative Motion for a New Trial - filed by Fresenius Kabi USA, LLC. (Farnan, Michael) Modified on 10/16/2024 (dlw). (Entered: 10/15/2024) (2) |
| Oct 15, 2024 | 294 | OPENING BRIEF in Support re 293 MOTION for Judgment as a Matter of Law and Alternative for a New Trial filed by Fresenius Kabi USA, LLC. Answering Brief/Response due date per Local Rules is 10/29/2024. (Farnan, Michael) Modified on 10/16/2024 (dlw). (Entered: 10/15/2024) (27) |
| Oct 15, 2024 | 295 | MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, in the Alternative, to Alter Judgment Under Fed. R. Civ. P. 59(e) (Renewed) - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 10/16/2024 (dlw). (Entered: 10/15/2024) (3) |
| Oct 15, 2024 | 296 | OPENING BRIEF in Support re 295 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, in the Alternative, to Alter Judgment Under Fed. R. Civ. P. 59(e) (Renewed) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. Answering Brief/Response due date per Local Rules is 10/29/2024. (Dellinger, Megan) Modified on 10/16/2024 (dlw). (Entered: 10/15/2024) (16) |
| Oct 15, 2024 | 297 | ANSWERING POST TRIAL BRIEF on Inequitable Conduct by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 10/16/2024 (dlw). (Entered: 10/15/2024) (17) |
| Oct 15, 2024 | 298 | STATEMENT re 297 POST Trial Brief // Proposed Findings of Fact by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 10/16/2024 (dlw). (Entered: 10/15/2024) (13) |
| Oct 8, 2024 | 292 | REPLY BRIEF re 267 MOTION to Correct Inventorship filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 10/08/2024) (15) |
| Oct 1, 2024 | 285 | Official Transcript of Jury Trial held on 08/26/2024 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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (251) |
| Oct 1, 2024 | 286 | Official Transcript of Jury Trial held on 08/27/2024 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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (265) |
| Oct 1, 2024 | 287 | Official Transcript of Jury Trial held on 08/28/2024 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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (236) |
| Oct 1, 2024 | 288 | Official Transcript of Jury Trial held on 08/29/2024 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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (144) |
| Oct 1, 2024 | 289 | Official Transcript of Jury Trial held on 08/30/2024 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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (120) |
| Oct 1, 2024 | 290 | Official Transcript of Bench Trial held on 08/27/2024 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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (65) |
| Oct 1, 2024 | 291 | Official Transcript of Bench Trial held on 08/28/2024 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 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (dh) (Entered: 10/01/2024) (32) |
| Sep 30, 2024 | 282 | STIPULATION TO EXTEND TIME for Plaintiffs to file their reply brief in support of their Motion to Correct Inventorship (D.I. 267) to October 8, 2024 - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 09/30/2024) (1) |
| Sep 30, 2024 | 283 | POST TRIAL BRIEF on Inequitable Conduct by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 10/1/2024 (dlw). (Entered: 09/30/2024) (27) |
| Sep 30, 2024 | 284 | STATEMENT re 283 POST Trial Brief // Defendant's Proposed Findings of Fact in Support of Opening Post-Trial Brief on Inequitable Conduct by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 10/1/2024 (dlw). (Entered: 09/30/2024) (19) |
| Sep 27, 2024 | 281 | ANSWERING BRIEF in Opposition re 267 MOTION to Correct Inventorship filed by Fresenius Kabi USA, LLC.Reply Brief due date per Local Rules is 10/4/2024. (Farnan, Brian) (Entered: 09/27/2024) (27) |
| Sep 24, 2024 | 279 | ORAL ORDER - Having reviewed the parties' 276 Joint Post-Trial Status Report, IT IS HEREBY ORDERED that the Court will not reopen discovery on the issue of correction of inventorship. IT IS FURTHER ORDERED that all post-trial motions, including the correction of inventorship motion, shall be briefed in accordance with the Local Rules. IT IS STILL FURTHER ORDERED that schedule for the Proposed Findings of Facts and Post-Trial Briefing regarding inequitable conduct shall be as follows: Defendant's opening papers due 9/30/2024 (35 pages total), Plaintiffs' responsive papers due 10/15/2024 (35 pages total), and Defendant's reply due 10/22/2024 (10 pages). IT IS FINALLY ORDERED that the 278 Stipulation Extending Time is denied as moot. ORDERED by Judge Maryellen Noreika on 9/24/2024. (dlw) (Entered: 09/24/2024) (0) |
| Sep 24, 2024 | 280 | Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Motion to Correct Inventorship - filed by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order)(Farnan, Michael) Modified on 9/25/2024 (dlw). (Entered: 09/24/2024) (0) |
| Sep 23, 2024 | 278 | STIPULATION TO EXTEND TIME for Defendant to respond to Plaintiffs' Motion to Correct Inventorship to 10/9/2024 - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 09/23/2024) (1) |
| Sep 16, 2024 | 277 | JUDGMENT FOLLOWING JURY VERDICT. Signed by Judge Maryellen Noreika on 9/16/2024. (dlw) (Entered: 09/16/2024) (2) |
| Sep 13, 2024 | 272 | NOTICE to Take Deposition of Dr. Sergio Dusci on a mutually agreed upon date between October 23, 2024 and November 1, 2024 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/13/2024) (2) |
| Sep 13, 2024 | 273 | NOTICE to Take Deposition of Joseph Pizza on a mutually agreed upon date between October 23, 2024 and November 1, 2024 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/13/2024) (2) |
| Sep 13, 2024 | 274 | NOTICE to Take Deposition of Jeanne Squeglia on a mutually agreed upon date between October 23, 2024 and November 1, 2024 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/13/2024) (2) |
| Sep 13, 2024 | 275 | NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Second Set of Requests for Production of Documents and Things (Nos. 184-187) filed by Fresenius Kabi USA, LLC.(Farnan, Michael) (Entered: 09/13/2024) (2) |
| Sep 13, 2024 | 276 | Joint Post-Trial STATUS REPORT by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits A-D, # 2 Proposed Judgment)(Dellinger, Megan) Modified on 9/16/2024 (dlw). (Entered: 09/13/2024) (0) |
| Sep 11, 2024 | 267 | MOTION to Correct Inventorship - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 09/11/2024) (3) |
| Sep 11, 2024 | 268 | OPENING BRIEF in Support re 267 MOTION to Correct Inventorship filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.Answering Brief/Response due date per Local Rules is 9/25/2024. (Dellinger, Megan) (Entered: 09/11/2024) (13) |
| Sep 11, 2024 | 269 | DECLARATION of Dr. Sergio Dusci re 267 MOTION to Correct Inventorship by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibit A)(Dellinger, Megan) Modified on 9/12/2024 (dlw). (Entered: 09/11/2024) (0) |
| Sep 11, 2024 | 270 | DECLARATION of Joseph Pizza re 267 MOTION to Correct Inventorship by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 9/12/2024 (dlw). (Entered: 09/11/2024) (4) |
| Sep 11, 2024 | 271 | DECLARATION of Jeanne Squeglia re 267 MOTION to Correct Inventorship by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits A-B)(Dellinger, Megan) Modified on 9/12/2024 (dlw). (Entered: 09/11/2024) (0) |
| Sep 6, 2024 | 266 | STIPULATION TO EXTEND TIME for parties to submit a proposed form of order and joint status report pursuant to paragraph 21 of the Scheduling Order to 9/13/2024 - filed by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 09/06/2024) (1) |
| Sep 3, 2024 | 263 | Joint Exhibit and Witness List for Jury Trial. (mdb) (Entered: 09/03/2024) (6) |
| Sep 3, 2024 | 264 | Joint Exhibit and Witness List for Bench Trial. (mdb) (Entered: 09/03/2024) (1) |
| Sep 3, 2024 | 265 | REDACTED VERSION of 257 Letter, by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 09/03/2024) (30) |
| Aug 30, 2024 | 260 | [SEALED] JURY VERDICT. (mdb) (Entered: 08/30/2024) (0) |
| Aug 30, 2024 | 261 | REDACTED JURY VERDICT. (mdb) (Entered: 08/30/2024) (5) |
| Aug 30, 2024 | 262 | [SEALED] Jury Notes. (mdb) (Entered: 09/03/2024) (0) |
| Aug 26, 2024 | 258 | Voir Dire Questions (read to jury panel). (mdb) (Entered: 08/26/2024) (5) |
| Aug 26, 2024 | 259 | Preliminary Jury Instructions (read to jury). (mdb) (Entered: 08/26/2024) (21) |
| Aug 25, 2024 | 257 | [SEALED] Letter to The Honorable Maryellen Noreika from Megan E. Dellinger and Michael J. Farnan regarding Disputes regarding Deposition Designations. (Attachments: # 1 Richard Kelly Transcript, # 2 Katherine Gregory Transcript, # 3 DTX-0175, # 4 DTX-0176, # 5 Jeanne Squeglia Transcript, # 6 DTX-0074, # 7 DTX-0242, # 8 DTX-0249)(Farnan, Michael) (Entered: 08/25/2024) (0) |
| Aug 23, 2024 | 254 | Letter to The Honorable Maryellen Noreika from Megan E. Dellinger regarding parties consent to a magistrate judge presiding over voir dire and jury selection - re 253 Oral Order,. (Dellinger, Megan) (Entered: 08/23/2024) (1) |
| Aug 23, 2024 | 255 | MOTION for Exemption of Person from the District of Delaware's May 17, 2024 Standing Order on Personal Devices - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 08/23/2024) (2) |
| Aug 23, 2024 | 256 | ORDER GRANTING 255 Plaintiff's MOTION for Exemption of Person from the District of Delaware's May 17, 2024 Standing Order on Personal Devices. Signed by Judge Maryellen Noreika on 8/23/2024. (dlw) (Entered: 08/23/2024) (2) |
| Aug 22, 2024 | 252 | STATEMENT re 247 Defendant's Request for Judicial Notice // Plaintiffs' Opposition to Defendant's Request for Judicial Notice by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibit A)(Dellinger, Megan) Modified on 8/22/2024 (dlw). (Entered: 08/22/2024) (0) |
| Aug 22, 2024 | 253 | ORAL ORDER - It is the Court's intention to ask a Magistrate Judge to preside over voir dire/jury selection. THEREFORE, IT IS HEREBY ORDERED that, by no later than 10:00 AM TOMORROW, the parties shall jointly advise if they will consent to a magistrate presiding over voir dire/jury selection. ORDERED by Judge Maryellen Noreika on 8/22/2024. (dlw) (Entered: 08/22/2024) (0) |
| Aug 21, 2024 | 249 | MOTION for Exemption from the Standing Order regarding Personal Electronic Devices - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 08/21/2024) (3) |
| Aug 21, 2024 | 250 | ORDER GRANTING 249 Defendant's MOTION for Exemption from the Standing Order regarding Personal Electronic Devices. Signed by Judge Maryellen Noreika on 8/21/2024. (dlw) (Main Document 250 replaced on 8/21/2024) (dlw). (Entered: 08/21/2024) (3) |
| Aug 21, 2024 | 251 | ORAL ORDER re 248 Letter - Having reviewed the parties' proposed edits to the Court's proposed voir dire and preliminary jury instructions, IT IS HEREBY ORDERED that the Court will include the proposed edits to the voir dire and will make Plaintiff's requested change to the name WGCC in the preliminary jury instructions. The Court, however, will not make the other change requested by Plaintiff in the preliminary jury instructions. ORDERED by Judge Maryellen Noreika on 8/21/2024. (dlw) (Entered: 08/21/2024) (0) |
| Aug 20, 2024 | 247 | STATEMENT // Defendant's Request for Judicial Notice by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Farnan, Michael) Modified on 8/20/2024 (dlw). (Entered: 08/20/2024) (0) |
| Aug 20, 2024 | 248 | Letter to The Honorable Maryellen Noreika from Megan E. Dellinger regarding the Court's Proposed Voir Dire and Proposed Preliminary Jury Instructions - re 243 Oral Order,. (Attachments: # 1 Attachment)(Dellinger, Megan) (Entered: 08/20/2024) (0) |
| Aug 19, 2024 | 245 | STATEMENT re 222 Oral Order // Joint Statement Regarding Mediation by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 8/19/2024 (dlw). (Entered: 08/19/2024) (2) |
| Aug 19, 2024 | 246 | STIPULATION TO EXTEND TIME for the parties to file a joint letter setting forth any corrections or objections to the Court's Proposed Voir Dire and the Court's Proposed Preliminary Jury Instructions to 8/20/2024 - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 08/19/2024) (1) |
| Aug 14, 2024 | 239 | MOTION for Exemption of Persons from the District of Delaware's May 17, 2024 Standing Order on Personal Devices - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 08/14/2024) (3) |
| Aug 14, 2024 | 240 | ORDER AFTER PRETRIAL CONFERENCE - IT IS HEREBY ORDERED that the Proposed Pretrial Order is ADOPTED as modified by any discussion at the Pretrial Conference. Plaintiffs' Motion in Limine No. 1 (D.I. 215, Ex. 14) is GRANTED, Plaintiffs' Motion in Limine No. 2 (D.I. 215, Ex. 15) is DENIED, and Plaintiffs' Motion in Limine No. 3 (D.I. 215, Ex. 16) is DENIED. Defendant's Motion in Limine No. 1 (D.I. 215, Ex. 17) is GRANTED-IN-PART, Defendant's Motion in Limine No. 2 (D.I. 215, Ex. 18) is DENIED, and Defendant's Motion in Limine No. 3 (D.I. 215, Ex. 19) is DENIED. Plaintiffs' Daubert motion to preclude portions of Defendants Expert testimony (D.I. 156) is GRANTED-IN-PART. Defendant's Daubert Motion to preclude portions of Plaintiffs Expert testimony (D.I. 152) is DENIED. Plaintiffs' Daubert Motion with respect to Inherency (D.I. 158 at 15-19) is GRANTED. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Maryellen Noreika on 8/14/2024. (dlw) (Entered: 08/14/2024) (4) |
| Aug 14, 2024 | 241 | The Court's PROPOSED Voir Dire. (dlw) (Entered: 08/14/2024) (5) |
| Aug 14, 2024 | 242 | The Court PROPOSED PRELIMINARY Jury Instructions. (dlw) (Entered: 08/14/2024) (21) |
| Aug 14, 2024 | 243 | ORAL ORDER re 241 The Court's PROPOSED Voir Dire, 242 The Court PROPOSED PRELIMINARY Jury Instructions - IT IS HEREBY ORDERED that the parties shall file a joint letter on or before 8/19/2024 setting forth any corrections or objections to the Court's Proposed Voir Dire and the Court's Proposed Preliminary Jury Instructions. ORDERED by Judge Maryellen Noreika on 8/14/2024. (dlw) (Entered: 08/14/2024) (0) |
| Aug 14, 2024 | 244 | SO ORDERED re 239 MOTION for Exemption of Persons from the District of Delaware's May 17, 2024 Standing Order on Personal Devices. Signed by Judge Maryellen Noreika on 8/14/2024. (dlw) (Entered: 08/14/2024) (2) |
| Aug 9, 2024 | 237 | REDACTED VERSION of 215 Proposed Pretrial Order by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits 1-13, # 2 Exhibits 14-20)(Dellinger, Megan) (Entered: 08/09/2024) (0) |
| Aug 9, 2024 | 238 | REDACTED VERSION of 232 Statement, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits I-J)(Dellinger, Megan) (Entered: 08/09/2024) (0) |
| Aug 7, 2024 | 235 | MOTION for Pro Hac Vice Appearance of Attorney Andrew C. Stewart - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 08/07/2024) (4) |
| Aug 7, 2024 | 236 | Pro Hac Vice Fee - Credit Card Payment received for Andrew C. Stewart. ( re 235 MOTION for Pro Hac Vice Appearance of Attorney Andrew C. Stewart )( Payment of $ 50, receipt number ADEDC-4470351).(Dellinger, Megan) (Entered: 08/07/2024) (0) |
| Aug 6, 2024 | 234 | REDACTED VERSION of 230 Memorandum in Opposition, by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 08/06/2024) (23) |
| Aug 5, 2024 | 233 | STIPULATION TO EXTEND TIME to File Redacted Version of Proposed Pretrial Order to August 9, 2024 - filed by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 08/05/2024) (1) |
| Aug 2, 2024 | 232 | [SEALED] Supplemental BRIEF in Support re 156 MOTION to Preclude Portions of the Testimony of Defendants Experts Rabinow, Freudiger, and Hofmann // Plaintiffs' Supplemental Brief in Support of its Daubert Motion to Exclude Dr. Rabinow's Inherency Opinion by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits I-J)(Dellinger, Megan) Modified on 8/5/2024 (dlw). (Entered: 08/02/2024) (0) |
| Jul 31, 2024 | 231 | Official Transcript of Pretrial Conference held on 07/23/2024 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/21/2024. Redacted Transcript Deadline set for 9/3/2024. Release of Transcript Restriction set for 10/29/2024. (dh) (Entered: 07/31/2024) (73) |
| Jul 30, 2024 | 229 | STIPULATION TO EXTEND TIME to submit the redacted version of the [Proposed] Joint Pretrial Order to 8/6/2024 - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 07/30/2024) (1) |
| Jul 30, 2024 | 230 | [SEALED] Supplemental MEMORANDUM in Opposition to Plaintiffs' Daubert Motion to Exclude Inherency Opinions of Dr. Rabinow filed by Fresenius Kabi USA, LLC.Reply Brief due date per Local Rules is 8/6/2024. (Attachments: # 1 Exhibit 49, # 2 Exhibit 50, # 3 Exhibit 51, # 4 Certificate of Service)(Farnan, Michael) Modified on 7/31/2024 (mdb). (Entered: 07/30/2024) (0) |
| Jul 26, 2024 | 228 | NOTICE OF SERVICE of Defendant Fresenius Kabi USA, LLC's Notice Pursuant to 35 U.S.C. § 282 filed by Fresenius Kabi USA, LLC.(Farnan, Michael) (Entered: 07/26/2024) (2) |
| Jul 22, 2024 | 225 | STIPULATION TO EXTEND TIME for the parties to submit a redacted version of the [Proposed] Pretrial Order (D.I. 215) to July 30, 2024 - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 07/22/2024) (1) |
| Jul 22, 2024 | 226 | MOTION for Limited Exemption from The Standing Order Regarding Personal Electronic Devices - filed by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order)(Farnan, Michael) (Entered: 07/22/2024) (0) |
| Jul 22, 2024 | 227 | ORDER GRANTING 226 MOTION for Limited Exemption from The Standing Order Regarding Personal Electronic Devices. Signed by Judge Maryellen Noreika on 7/22/2024. (dlw) (Entered: 07/22/2024) (2) |
| Jul 19, 2024 | 223 | MOTION for Exemption of Person from the District of Delaware's May 17, 2024 Standing Order on Personal Devices - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 07/19/2024) (2) |
| Jul 19, 2024 | 224 | SO ORDERED re 223 MOTION for Exemption of Person from the District of Delaware's May 17, 2024 Standing Order on Personal Devices. Signed by Judge Maryellen Noreika on 7/19/2024. (dlw) (Entered: 07/19/2024) (2) |
| Jul 18, 2024 | 220 | MOTION for Pro Hac Vice Appearance of Attorney Eric R. Hunt and Matthew V. Anderson - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 07/18/2024) (3) |
| Jul 18, 2024 | 221 | Pro Hac Vice Fee - Credit Card Payment received for Eric R. Hunt and Matthew V. Anderson. ( re 220 MOTION for Pro Hac Vice Appearance of Attorney Eric R. Hunt and Matthew V. Anderson )( Payment of $ 100, receipt number ADEDC-4454778).(Farnan, Brian) (Entered: 07/18/2024) (0) |
| Jul 18, 2024 | 222 | ORAL ORDER re 213 Joint Statement Regarding Mediation - The parties have not engaged in any mediation efforts since 1/23/2024. THEREFORE, IT IS HEREBY ORDERED that, within fourteen (14) days of the date of this Order, the parties, including those individuals with settlement authority, are directed to meet in person to engage in further mediation. No later than 8/19/2024, the parties shall file a further Joint Statement Regarding Mediation. ORDERED by Judge Maryellen Noreika on 7/18/2024. (dlw) (Entered: 07/18/2024) (0) |
| Jul 17, 2024 | 218 | VERDICT SHEET by HQ Specialty Pharma Corp., WG Critical Care, LLC . (Dellinger, Megan) (Entered: 07/17/2024) (30) |
| Jul 17, 2024 | 219 | Proposed Jury Instructions by HQ Specialty Pharma Corp., WG Critical Care, LLC . (Dellinger, Megan) (Entered: 07/17/2024) (30) |
| Jul 16, 2024 | 213 | Joint STATEMENT Regarding Mediation by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 7/17/2024 (dlw). (Entered: 07/16/2024) (2) |
| Jul 16, 2024 | 214 | STIPULATION TO EXTEND TIME for the parties to submit the Final Jury Instructions and Verdict Form to July 17, 2024 - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 07/16/2024) (1) |
| Jul 16, 2024 | 215 | [SEALED] Proposed Pretrial Order by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits 1-13 (Volume 1 - Part 1), # 2 Exhibit 14 (Volume 1 - Part 2), # 3 Exhibits 15-20 (Volume 2))(Dellinger, Megan) (Entered: 07/16/2024) (0) |
| Jul 16, 2024 | 216 | Proposed Voir Dire by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 07/16/2024) (7) |
| Jul 16, 2024 | 217 | Proposed Jury Instructions by HQ Specialty Pharma Corp., WG Critical Care, LLC . (Dellinger, Megan) (Entered: 07/16/2024) (23) |
| Jul 9, 2024 | 212 | ORDER DENYING AS MOOT 155 Motion to Preclude Dr. Zhao from Offering Unsupported and Unreliable Claim Construction and "Teaching Away" Opinions. Signed by Judge Maryellen Noreika on 7/9/2024. (dlw) (Entered: 07/09/2024) (2) |
| May 21, 2024 | 211 | NOTICE requesting Clerk to remove Abraham J. Varon as co-counsel.. (Farnan, Brian) (Entered: 05/21/2024) (2) |
| May 13, 2024 | 210 | Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Pretrial Conference Date. (Farnan, Michael) (Entered: 05/13/2024) (1) |
| May 9, 2024 | 209 | ORDER DENYING 147 Motion for Summary Judgment; DENYING 148 Motion to Dismiss. Signed by Judge Maryellen Noreika on 5/9/2024. (dlw) (Entered: 05/09/2024) (2) |
| Mar 1, 2024 | 208 | Joint Letter to The Honorable Maryellen Noreika from Megan E. Dellinger regarding new trial date - re 207 Oral Order,, Terminate Scheduling Order Deadlines,, Terminate Deadlines and Hearings,. (Dellinger, Megan) (Entered: 03/01/2024) (1) |
| Feb 22, 2024 | 207 | ORAL ORDER - Due to the Court's schedule, IT IS HEREBY ORDERED that the Pretrial Conference and Trial dates are VACATED. Counsel shall meet and confer and file a letter proposing new trial dates in June, July, and August. ORDERED by Judge Maryellen Noreika on 2/22/2024. (dlw) (Entered: 02/22/2024) (0) |
| Jan 12, 2024 | 205 | MOTION for Pro Hac Vice Appearance of Attorney Ty W. Callahan - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 01/12/2024) (2) |
| Jan 12, 2024 | 206 | Pro Hac Vice Fee - Credit Card Payment received for Ty W. Callahan. ( re 205 MOTION for Pro Hac Vice Appearance of Attorney Ty W. Callahan )( Payment of $ 50, receipt number ADEDC-4313851).(Farnan, Brian) (Entered: 01/12/2024) (0) |
| Nov 27, 2023 | 189 | REQUEST for Oral Argument by HQ Specialty Pharma Corp., WG Critical Care, LLC re 156 MOTION to Preclude Portions of the Testimony of Defendants Experts Rabinow, Freudiger, and Hofmann, 155 MOTION to Preclude Dr. Zhao from Offering Unsupported and Unreliable Claim Construction and "Teaching Away" Opinions, 152 MOTION to Preclude Dr. Mcgahee from Offering Unreliable and Conclusory Damages Opinions, 147 MOTION for Summary Judgment that the Claims of the Patent-in-Suit are not Invalid for Lack of Enablement Under 35 U.S.C. § 112, 148 MOTION to Dismiss Based upon Remaining Counts of Plaintiffs' Complaint for Lack of Standing Pursuant to Fed. R. Civ. P. 12(b)(1). (Dellinger, Megan) (Entered: 11/27/2023) (2) |
| Nov 27, 2023 | 190 | REDACTED VERSION of 173 Answering Brief in Opposition, by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 11/27/2023) (24) |
| Nov 27, 2023 | 191 | REDACTED VERSION of 174 Declaration,,, by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 1-42)(Farnan, Michael) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 192 | REDACTED VERSION of 176 Answering Brief in Opposition, by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 11/27/2023) (30) |
| Nov 27, 2023 | 193 | REDACTED VERSION of 177 Declaration,,,, by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 1-48)(Farnan, Michael) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 194 | REDACTED VERSION of 180 Reply Brief by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/27/2023) (10) |
| Nov 27, 2023 | 195 | REDACTED VERSION of 181 Declaration by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 9-12)(Farnan, Brian) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 196 | REDACTED VERSION of 182 Reply Brief by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/27/2023) (20) |
| Nov 27, 2023 | 197 | REDACTED VERSION of 183 Declaration by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 26-28)(Farnan, Brian) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 198 | REDACTED VERSION of 170 Answering Brief in Opposition, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/27/2023) (30) |
| Nov 27, 2023 | 199 | REDACTED VERSION of 171 Answering Brief in Opposition, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/27/2023) (13) |
| Nov 27, 2023 | 200 | REDACTED VERSION of 172 Answering Brief in Opposition, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/27/2023) (26) |
| Nov 27, 2023 | 201 | REDACTED VERSION of 184 Reply Brief, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/27/2023) (11) |
| Nov 27, 2023 | 202 | REDACTED VERSION of 185 Declaration by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/27/2023) (4) |
| Nov 27, 2023 | 203 | REDACTED VERSION of 186 Reply Brief, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/27/2023) (27) |
| Nov 27, 2023 | 204 | REDACTED VERSION of 187 Statement, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/27/2023) (8) |
| Nov 20, 2023 | 179 | REPLY BRIEF re 155 MOTION to Preclude Dr. Zhao from Offering Unsupported and Unreliable Claim Construction and "Teaching Away" Opinions filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/20/2023) (8) |
| Nov 20, 2023 | 180 | [SEALED] REPLY BRIEF re 152 MOTION to Preclude Dr. Mcgahee from Offering Unreliable and Conclusory Damages Opinions filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 181 | [SEALED] DECLARATION of Abraham J. Varon re 180 Reply Brief by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12)(Farnan, Brian) Modified on 11/21/2023 (dlw). (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 182 | [SEALED] REPLY BRIEF re 148 MOTION to Dismiss Based upon Remaining Counts of Plaintiffs' Complaint for Lack of Standing Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 183 | [SEALED] DECLARATION of Abraham J. Varon re 182 Reply Brief by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27, # 3 Exhibit 28)(Farnan, Brian) Modified on 11/21/2023 (dlw). (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 184 | [SEALED] REPLY BRIEF re 147 MOTION for Summary Judgment that the Claims of the Patent-in-Suit are not Invalid for Lack of Enablement Under 35 U.S.C. § 112 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 185 | [SEALED] DECLARATION of Sharon L. Davis re 184 Reply Brief by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibit A)(Dellinger, Megan) Modified on 11/21/2023 (dlw). (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 186 | [SEALED] REPLY BRIEF re 156 MOTION to Preclude Portions of the Testimony of Defendants Experts Rabinow, Freudiger, and Hofmann filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits A-H)(Dellinger, Megan) (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 187 | [SEALED] STATEMENT re 175 Statement // Plaintiffs' Reply to Defendant's Statement of Contested Facts in Support of Plaintiff's Motion for Summary Judgment by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 11/21/2023 (dlw). (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 188 | STIPULATION TO EXTEND TIME for the parties to file redacted versions of D.I. 170, 171, 172, 173, 174, 176, and 177 to November 27, 2023 - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 11/20/2023) (2) |
| Nov 16, 2023 | 178 | ORAL ORDER - IT IS HEREBY ORDERED that the parties shall engage in in-person mediation in good faith. The parties are to jointly hire an agreed-upon mediator. The timing of mediation efforts is left to the discretion of the parties, but the mediation must be conducted in advance of the pretrial conference. No later than one week before the pretrial conference, the parties shall submit a joint statement that identifies the mediator, the lead counsel for each party at the mediation and the length of the mediation, as well as a certification by the lead counsel that they have engaged in the mediation efforts in good faith. The joint statement should not disclose the substance of any offers, counteroffers or other negotiations. If the parties anticipate any further mediation efforts will be conducted after the deadline to submit the joint statement, the parties shall indicate that in their submission and state when those efforts are expected to occur. ORDERED by Judge Maryellen Noreika on 11/16/2023. (dlw) (Entered: 11/16/2023) (0) |
| Nov 13, 2023 | 170 | [SEALED] ANSWERING BRIEF in Opposition re 152 MOTION to Preclude Dr. Mcgahee from Offering Unreliable and Conclusory Damages Opinions filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.Reply Brief due date per Local Rules is 11/20/2023. (Attachments: # 1 Exhibits A-F)(Dellinger, Megan) (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 171 | [SEALED] ANSWERING BRIEF in Opposition re 155 MOTION to Preclude Dr. Zhao from Offering Unsupported and Unreliable Claim Construction and "Teaching Away" Opinions filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.Reply Brief due date per Local Rules is 11/20/2023. (Attachments: # 1 Exhibits A-B)(Dellinger, Megan) (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 172 | [SEALED] ANSWERING BRIEF in Opposition re 148 MOTION to Dismiss Based upon Remaining Counts of Plaintiffs' Complaint for Lack of Standing Pursuant to Fed. R. Civ. P. 12(b)(1) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.Reply Brief due date per Local Rules is 11/20/2023. (Attachments: # 1 Exhibits A-O)(Dellinger, Megan) (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 173 | [SEALED] ANSWERING BRIEF in Opposition re 147 MOTION for Summary Judgment that the Claims of the Patent-in-Suit are not Invalid for Lack of Enablement Under 35 U.S.C. § 112 filed by Fresenius Kabi USA, LLC.Reply Brief due date per Local Rules is 11/20/2023. (Farnan, Brian) (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 174 | [SEALED] DECLARATION of Abraham J. Varon re 173 Answering Brief in Opposition by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42)(Farnan, Brian) Modified on 11/14/2023 (dlw). (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 175 | STATEMENT // Defendant Fresenius Kabi USA, LLC's Fed. R. Civ. P. 56(c) Statement Of Contested Facts In Opposition To Plaintiffs' Motion For Summary Judgment by Fresenius Kabi USA, LLC. (Farnan, Brian) Modified on 11/14/2023 (dlw). (Entered: 11/13/2023) (14) |
| Nov 13, 2023 | 176 | [SEALED] ANSWERING BRIEF in Opposition re 156 MOTION to Preclude Portions of the Testimony of Defendants Experts Rabinow, Freudiger, and Hofmann filed by Fresenius Kabi USA, LLC.Reply Brief due date per Local Rules is 11/20/2023. (Farnan, Michael) (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 177 | [SEALED] DECLARATION of Abraham J. Varon re 176 Answering Brief in Opposition by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48)(Farnan, Michael) Modified on 11/14/2023 (dlw). (Entered: 11/13/2023) (0) |
| Nov 3, 2023 | 162 | REDACTED VERSION of 150 Opening Brief in Support, by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/03/2023) (20) |
| Nov 3, 2023 | 163 | REDACTED VERSION of 154 Opening Brief in Support, by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 11/03/2023) (18) |
| Nov 3, 2023 | 164 | REDACTED VERSION of 157 Opening Brief in Support, by Fresenius Kabi USA, LLC. (Farnan, Michael) (Entered: 11/03/2023) (23) |
| Nov 3, 2023 | 165 | REDACTED VERSION of 159 Declaration,, by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 1-25)(Farnan, Michael) (Entered: 11/03/2023) (0) |
| Nov 3, 2023 | 166 | REDACTED VERSION of 160 Declaration, by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 1-8)(Farnan, Michael) (Entered: 11/03/2023) (0) |
| Nov 3, 2023 | 167 | REDACTED VERSION of 153 Declaration, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits A-F)(Dellinger, Megan) (Entered: 11/03/2023) (0) |
| Nov 3, 2023 | 168 | REDACTED VERSION of 158 Opening Brief in Support, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits A-X)(Dellinger, Megan) (Entered: 11/03/2023) (0) |
| Nov 3, 2023 | 169 | REDACTED VERSION of 161 Declaration, by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 1-5)(Farnan, Michael) (Entered: 11/03/2023) (0) |
| Oct 27, 2023 | 147 | MOTION for Summary Judgment that the Claims of the Patent-in-Suit are not Invalid for Lack of Enablement Under 35 U.S.C. § 112 - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (3) |
| Oct 27, 2023 | 148 | MOTION to Dismiss Based upon Remaining Counts of Plaintiffs' Complaint for Lack of Standing Pursuant to Fed. R. Civ. P. 12(b)(1) - filed by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 149 | OPENING BRIEF in Support re 147 MOTION for Summary Judgment that the Claims of the Patent-in-Suit are not Invalid for Lack of Enablement Under 35 U.S.C. § 112 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. Answering Brief/Response due date per Local Rules is 11/13/2023. (Dellinger, Megan) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (13) |
| Oct 27, 2023 | 150 | [SEALED] OPENING BRIEF in Support re 148 MOTION to Dismiss Based upon Remaining Counts of Plaintiffs' Complaint for Lack of Standing Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Fresenius Kabi USA, LLC.Answering Brief/Response due date per Local Rules is 11/13/2023. (Farnan, Brian) (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 151 | STATEMENT of Material Facts re 147 MOTION for Summary Judgment that the Claims of the Patent-in-Suit are not Invalid for Lack of Enablement Under 35 U.S.C. § 112 by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (4) |
| Oct 27, 2023 | 152 | MOTION to Preclude Dr. Mcgahee from Offering Unreliable and Conclusory Damages Opinions - filed by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1 Certification)(Farnan, Brian) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 153 | [SEALED] DECLARATION of Jenny L. Colgate re 147 MOTION for Summary Judgment that the Claims of the Patent-in-Suit are not Invalid for Lack of Enablement Under 35 U.S.C. § 112 by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits A-F)(Dellinger, Megan) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 154 | [SEALED] OPENING BRIEF in Support re 152 MOTION to Preclude Dr. Mcgahee from Offering Unreliable and Conclusory Damages Opinions filed by Fresenius Kabi USA, LLC. Answering Brief/Response due date per Local Rules is 11/13/2023. (Farnan, Brian) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 155 | MOTION to Preclude Dr. Zhao from Offering Unsupported and Unreliable Claim Construction and "Teaching Away" Opinions - filed by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1 Certification)(Farnan, Brian) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 156 | MOTION to Preclude Portions of the Testimony of Defendants Experts Rabinow, Freudiger, and Hofmann - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 10/30/2023 (dlw). (Additional attachment(s) added on 11/9/2023: # 1 7.1.1 Statement) (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 157 | [SEALED] OPENING BRIEF in Support re 155 MOTION to Preclude Dr. Zhao from Offering Unsupported and Unreliable Claim Construction and "Teaching Away" Opinions filed by Fresenius Kabi USA, LLC. Answering Brief/Response due date per Local Rules is 11/13/2023. (Farnan, Brian) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 158 | [SEALED] OPENING BRIEF in Support re 156 MOTION to Preclude Portions of the Testimony of Defendants Experts Rabinow, Freudiger, and Hofmann filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. Answering Brief/Response due date per Local Rules is 11/13/2023. (Attachments: # 1 Exhibits A-X)(Dellinger, Megan) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 159 | [SEALED] DECLARATION of Abraham J. Varon re 150 Opening Brief in Support by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Farnan, Brian) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 160 | [SEALED] DECLARATION of Abraham J. Varon re 154 Opening Brief in Support by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Farnan, Brian) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 27, 2023 | 161 | [SEALED] DECLARATION of Abraham J. Varon re 157 Opening Brief in Support by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Farnan, Brian) Modified on 10/30/2023 (dlw). (Entered: 10/27/2023) (0) |
| Oct 25, 2023 | 145 | MOTION for Pro Hac Vice Appearance of Attorney Kristen J. Logan - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 10/25/2023) (3) |
| Oct 25, 2023 | 146 | NOTICE requesting Clerk to remove Malissa S. Magiera as co-counsel. Reason for request: No longer with firm. (Dellinger, Megan) (Entered: 10/25/2023) (2) |
| Oct 11, 2023 | 144 | Official Transcript of Discovery Conference held on 6/9/23 before Judge Laura Hatcher. Court Reporter Deanna Warner, Email: deanna_warner@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 11/1/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/9/2024. (Warner, Deanna) (Entered: 10/11/2023) (45) |
| Sep 28, 2023 | 142 | NOTICE to Take Deposition of Eric Kastango on 10/4/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/28/2023) (2) |
| Sep 28, 2023 | 143 | NOTICE to Take Deposition of Barrett E. Rabinow, Ph.D. on October 5, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 09/28/2023) (3) |
| Sep 26, 2023 | 141 | NOTICE to Take Deposition of Fang Zhao on 9/28/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/26/2023) (2) |
| Sep 18, 2023 | 140 | NOTICE to Take Deposition of Thomas P. McGahee on 9/22/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/18/2023) (2) |
| Sep 11, 2023 | 139 | NOTICE to Take Deposition of Ivan T. Hofmann on September 19, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 09/11/2023) (3) |
| Sep 8, 2023 | 138 | NOTICE to Take Deposition of Deena Reyes on 9/11/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/08/2023) (2) |
| Sep 6, 2023 | 137 | MOTION for Pro Hac Vice Appearance of Attorney Jenny L. Colgate - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 09/06/2023) (3) |
| Aug 31, 2023 | 136 | NOTICE to Take Deposition of Michael J. Freudiger, Pharm. D., APh, BCPS, BCSCP on September 6, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 08/31/2023) (3) |
| Aug 28, 2023 | 134 | NOTICE OF SERVICE of Reply Expert Report of Thomas P. McGahee, Ph.D. filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 08/28/2023) (3) |
| Aug 28, 2023 | 135 | NOTICE OF SERVICE of (i) Reply Expert Report of Michael J. Freudiger; (ii) Reply Expert Report of Barrett E. Rabinow; and (iii) Reply Expert Report of Ivan T. Hofmann filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 08/28/2023) (2) |
| Aug 25, 2023 | 133 | NOTICE requesting Clerk to remove D. Lawson Allen as co-counsel. Reason for request: No longer with firm. (Dellinger, Megan) (Entered: 08/25/2023) (2) |
| Aug 14, 2023 | 132 | MOTION for Pro Hac Vice Appearance of Attorney Kevin P. Burke - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 08/14/2023) (2) |
| Aug 11, 2023 | 131 | NOTICE requesting Clerk to remove Austin C. Holler as co-counsel.. (Farnan, Brian) (Entered: 08/11/2023) (1) |
| Aug 1, 2023 | 129 | REDACTED VERSION of 124 Letter by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 08/01/2023) (30) |
| Aug 1, 2023 | 130 | REDACTED VERSION of 125 Letter by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibits 1-8)(Farnan, Brian) (Entered: 08/01/2023) (0) |
| Jul 31, 2023 | 127 | REDACTED VERSION of 122 Letter by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 07/31/2023) (30) |
| Jul 31, 2023 | 128 | ORAL ORDER Setting Teleconference re Letters ( 122 , 123 , 124 , 125 ): IT IS HEREBY ORDERED that a Telephone Conference is set for 8/4/2023 at 11:00 AM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's Courtroom Deputy. ORDERED by Judge Maryellen Noreika on 7/31/2023. (mdb) (Entered: 07/31/2023) (0) |
| Jul 28, 2023 | 126 | REDACTED VERSION of 123 Letter by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exhibits A-G)(Dellinger, Megan) (Entered: 07/28/2023) (0) |
| Jul 25, 2023 | 124 | [SEALED] Letter to The Honorable Maryellen Noreika from Jack B. Blumenfeld regarding discovery dispute - re 122 Letter, 119 Oral Order,,. (Attachments: # 1 Exhibits A-K)(Blumenfeld, Jack) (Entered: 07/25/2023) (0) |
| Jul 25, 2023 | 125 | [SEALED] Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Response to Plaintiffs' July 21, 2023 Letter - re 123 Letter. (Attachments: # 1 Exhibits 1-8)(Farnan, Michael) (Entered: 07/25/2023) (0) |
| Jul 21, 2023 | 122 | [SEALED] Letter to The Honorable Maryellen Noreika from Michael J. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibits 1-21, # 2 Text of Proposed Order)(Farnan, Michael) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 123 | [SEALED] Letter to The Honorable Maryellen Noreika from Megan E. Dellinger regarding discovery dispute. (Attachments: # 1 Exhibits A-G)(Dellinger, Megan) (Entered: 07/21/2023) (0) |
| Jul 17, 2023 | 121 | NOTICE OF SERVICE of (1) Expert Report of Thomas P. McGahee, Ph.D. Regarding Commercial Success; (2) Rebuttal Expert Report of Eric Kastango, MBA, R.Ph., FASHP; and (3) Rebuttal Expert Report of Fang Zhao, Ph.D. filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 07/17/2023) (3) |
| Jul 14, 2023 | 119 | ORAL ORDER - Having been advised by the parties of their inability to resolve discovery disputes, IT IS HEREBY ORDERED that, on or before 7/21/2023 the parties shall submit opening letters (of no more than three (3) pages) and, on or before 7/25/2023 the parties shall submit responsive letters (of no more than three (3) pages). After the Court reviews the submissions, it will determine the next step (e.g., decide on the papers, order further submissions, set a teleconference). ORDERED by Judge Maryellen Noreika on 7/14/2023. (dlw) (Entered: 07/14/2023) (0) |
| Jul 14, 2023 | 120 | NOTICE OF SERVICE of Rebuttal Expert Report of Ivan T. Hofmann filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 07/14/2023) (2) |
| Jun 15, 2023 | 118 | REDACTED VERSION of 115 Letter by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 06/15/2023) (30) |
| Jun 12, 2023 | 117 | REDACTED VERSION of 114 Letter by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 06/12/2023) (30) |
| Jun 9, 2023 | 116 | ORAL ORDER: As ordered at the teleconference on June 9, 2023, Plaintiffs Motion to Strike (D.I. 114) is DENIED-IN-PART for the reasons stated during the hearing. ORDERED by Judge Laura D. Hatcher on 6/9/23. (kjk) (Entered: 06/09/2023) (0) |
| Jun 7, 2023 | 115 | [SEALED] Letter to The Honorable Laura D. Hatcher from Michael J. Farnan regarding Response to Plaintiffs' June 5, 2023 Letter - re 114 Letter. (Attachments: # 1 Exhibits A-P)(Farnan, Michael) (Entered: 06/07/2023) (0) |
| Jun 5, 2023 | 114 | [SEALED] Letter to The Honorable Laura D. Hatcher from Megan E. Dellinger regarding discovery dispute. (Attachments: # 1 Exhibits 1-4)(Dellinger, Megan) (Additional attachment(s) added on 6/7/2023: # 2 Proposed Order) (kjk). (Entered: 06/05/2023) (*Restricted*) (0) |
| Jun 5, 2023 | 114 | [SEALED] Letter to The Honorable Laura D. Hatcher from Megan E. Dellinger regarding discovery dispute. (Attachments: # 1 Exhibits 1-4)(Dellinger, Megan) (Additional attachment(s) added on 6/7/2023: # 2 Proposed Order) (kjk). (Entered: 06/05/2023) (Proposed Order) (1) |
| Jun 2, 2023 | 110 | MOTION for Teleconference to Resolve Discovery Dispute - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 06/02/2023) (3) |
| Jun 2, 2023 | 111 | ORAL ORDER Setting Teleconference: The Court has reviewed the Motion for Teleconference to Resolve Discovery Dispute (D.I. 110 ). A discovery dispute teleconference is scheduled for June 9, 2023, at 10:00 AM Eastern Time before Judge Laura D. Hatcher. By no later than June 5, 2023, the party 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 June 7, 2023, any party opposing the application for relief may file a letter, not to exceed 3 pages, in no less than 12-point font, outlining that party's reasons for its opposition. Counsel is reminded to promptly 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: keith_kincaid@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 Laura D Hatcher on 6/2/2023. (ceg) (Entered: 06/02/2023) (0) |
| Jun 2, 2023 | 112 | NOTICE OF SERVICE of (i) Opening Expert Report of Michael J. Freudiger, PHARM. D., APh, BCPS, BCSCP and (ii) Opening Expert Report of Barrett E. Rabinow, Ph.D. filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 06/02/2023) (2) |
| Jun 2, 2023 | 113 | NOTICE OF SERVICE of Expert Report of Thomas P. McGahee, Ph.D. filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 06/02/2023) (6) |
| May 30, 2023 | 109 | ORAL ORDER - Consistent with the Scheduling Order, the parties contacted Chambers to request a teleconference date for Plaintiffs' anticipated Motion to Strike, IT IS HEREBY ORDERED that this anticipated motion is referred to Magistrate Judge Hatcher. The parties are directed to file Magistrate Judge Hatcher's "Motion for Teleconference to Resolve Discovery/Protective Order Disputes" which can be found at https://www.ded.uscourts.gov/judge/magistrate-judge-laura-d-hatcher, forms. ORDERED by Judge Maryellen Noreika on 5/30/2023. (dlw) (Entered: 05/30/2023) (0) |
| May 19, 2023 | 108 | NOTICE OF SERVICE of (i) Defendant Fresenius Kabi USA, LLC's First Supplemental Answer and Objections to Plaintiffs' First Set of Interrogatories (No. 6); (ii) Defendant Fresenius Kabi USA, LLC's First Supplemental Answers and Objections to Plaintiffs' Second Set of Interrogatories (No. 8); and (iii) Fresenius Kabi USA, LLC's Supplemental Final Invalidity Contentions filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 05/19/2023) (2) |
| May 16, 2023 | 107 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendant's Second Set of Rule 33 Interrogatories (Nos. 9-15); and (2) Plaintiffs' Third Supplemental Objections and Responses to Defendant's First Set of Rule 33 Interrogatories (Nos. 1-8) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 05/16/2023) (3) |
| May 15, 2023 | 106 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants Second Set of Requests for Admission (Nos. 44-62) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 05/15/2023) (3) |
| Apr 14, 2023 | 105 | NOTICE OF SERVICE of Defendant's Second Set of Rule 36 Requests for Admission to Plaintiffs filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 04/14/2023) (2) |
| Mar 17, 2023 | 104 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' First Set of Requests for Admission (Nos. 1-43) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 03/17/2023) (3) |
| Mar 15, 2023 | 102 | REDACTED VERSION of 97 Letter by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exs. A-C)(Dellinger, Megan) (Entered: 03/15/2023) (Main Document) (5) |
| Mar 15, 2023 | 103 | NOTICE OF SERVICE of Defendant Fresenius Kabi USA, LLC's Answers and Objections to Plaintiff's Second Set of Interrogatories (Nos. 7-10) filed by Fresenius Kabi USA, LLC.(Farnan, Michael) (Entered: 03/15/2023) (2) |
| Mar 15, 2023 | 102 | REDACTED VERSION of 97 Letter by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Attachments: # 1 Exs. A-C)(Dellinger, Megan) (Entered: 03/15/2023) (Exs. A-C) (30) |
| Mar 13, 2023 | 100 | ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the March 13, 2023 discovery dispute teleconference shall serve as the Order of the Court. Ordered by Judge Jennifer L. Hall on 3/13/2023. (ceg) (Entered: 03/13/2023) (0) |
| Mar 13, 2023 | 101 | NOTICE OF SERVICE of Defendant's Answers and Objections to Plaintiffs' Second Set of Requests for Admissions (Nos. 21-29) filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 03/13/2023) (2) |
| Mar 10, 2023 | 98 | NOTICE OF SERVICE of Plaintiffs' Disclosure of Final Validity Contentions for Defendant Fresenius Kabi USA filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 99 | REDACTED VERSION of 96 Letter,, by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibits 1-18)(Farnan, Brian) (Entered: 03/10/2023) (Main Document) (4) |
| Mar 10, 2023 | 99 | REDACTED VERSION of 96 Letter,, by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibits 1-18)(Farnan, Brian) (Entered: 03/10/2023) (Text of Proposed Order) (2) |
| Mar 10, 2023 | 99 | REDACTED VERSION of 96 Letter,, by Fresenius Kabi USA, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibits 1-18)(Farnan, Brian) (Entered: 03/10/2023) (Exhibits 1-18) (30) |
| Mar 8, 2023 | 97 | [SEALED] Letter to The Honorable Jennifer L. Hall from Megan E. Dellinger regarding discovery dispute. (Attachments: # 1 Exhibits A-C)(Dellinger, Megan) Modified docket text on 3/8/2023 (ceg). (Entered: 03/08/2023) (0) |
| Mar 3, 2023 | 94 | STIPULATION and [Proposed] Order Regarding Claim Construction and Certain Discovery Deadlines - by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 03/03/2023) (2) |
| Mar 3, 2023 | 95 | SO ORDERED re 94 Stipulation and Order Regarding Claim Construction and Certain Discovery Deadlines. All Claim Construction Deadlines are TERMINATED. (Set/Reset Scheduling Order Deadlines - Fact Discovery completed by 5/16/2023). Signed by Judge Maryellen Noreika on 3/3/2023. (dlw) (Entered: 03/03/2023) (2) |
| Mar 3, 2023 | 96 | [SEALED] Letter to The Honorable Jennifer L. Hall from Michael J. Farnan regarding Discovery Dispute. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Farnan, Michael) (Attachment 2 replaced on 3/6/2023) (ceg). (Entered: 03/03/2023) (0) |
| Mar 2, 2023 | 93 | Letter to The Honorable Jennifer L. Hall from Megan E. Dellinger regarding discovery dispute. (Dellinger, Megan) Modified on 3/2/2023 (ceg). (Entered: 03/02/2023) (1) |
| Mar 1, 2023 | 92 | ORAL ORDER Setting Teleconference: The Court has reviewed the Joint Motion for Teleconference to Resolve Discovery Disputes (D.I. 88 ). A discovery dispute teleconference is scheduled for March 13, 2023 at 3:00 PM Eastern Time before Judge Jennifer L. Hall. By no later than March 3, 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 8, 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 3/1/2023. (ceg) (Entered: 03/01/2023) (0) |
| Feb 28, 2023 | 90 | Joint STIPULATION and Order Regarding Infringement, Remaining Fact Discovery and Claim Construction by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 02/28/2023) (5) |
| Feb 28, 2023 | 91 | SO ORDERED re 90 Stipulation and Order Regarding Infringement, Remaining Fact Discovery and Claim Construction. Signed by Judge Maryellen Noreika on 2/28/2023. (dlw) (Entered: 02/28/2023) (5) |
| Feb 27, 2023 | 88 | Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 02/27/2023) (3) |
| Feb 27, 2023 | 89 | NOTICE to Take Deposition of Sayan Dusci on 3/14/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 02/27/2023) (2) |
| Feb 24, 2023 | 87 | NOTICE OF SERVICE of Plaintiffs' Second Supplemental Objections and Responses to Defendant's First Set of Rule 33 Interrogatories (Nos. 1-8) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 02/24/2023) (3) |
| Feb 22, 2023 | 86 | NOTICE OF SERVICE of Defendant's Privilege Log filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 02/22/2023) (2) |
| Feb 21, 2023 | 85 | ORAL ORDER - Consistent with the Scheduling Order, the parties contacted Chambers to request a teleconference date for competing discovery disputes. IT IS HEREBY ORDERED that these disputes are referred to Magistrate Judge Hall. The parties are directed to file Magistrate Judge Hall's "Motion for Teleconference to Resolve Discovery/Protective Order Disputes" which can be found at https://www.ded.uscourts.gov/judge/magistrate-judge-jennifer-l-hall, forms. ORDERED by Judge Maryellen Noreika on 2/21/2023. (dlw) (Entered: 02/21/2023) (0) |
| Feb 15, 2023 | 84 | NOTICE OF SERVICE of Defendant's First Set of Rule 36 Requests for Admission to Plaintiffs filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 02/15/2023) (2) |
| Feb 13, 2023 | 83 | NOTICE OF SERVICE of Plaintiffs' Second Set of Rule 33 Interrogatories (Nos. 7-10) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 02/13/2023) (3) |
| Feb 10, 2023 | 77 | STIPULATION and Order of Dismissal of Counts IV, V, and VI of Plaintiffs' Complaint and Counterclaims III, IV, and VI of Defendant's Amended Answer, Defenses and Counterclaims re 1 Complaint, 26 Answer to Complaint, Counterclaim by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 02/10/2023) (2) |
| Feb 10, 2023 | 78 | NOTICE of Subpoenas by Fresenius Kabi USA, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 02/10/2023) (Main Document) (2) |
| Feb 10, 2023 | 79 | NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Final Invalidity Contentions filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 02/10/2023) (2) |
| Feb 10, 2023 | 80 | NOTICE OF SERVICE of Plaintiffs' Second Set of Requests for Admissions to Defendant Fresenius Kabi USA, LLC filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 02/10/2023) (3) |
| Feb 10, 2023 | 81 | SO ORDERED re 77 Stipulation and Order of Dismissal of Counts IV, V, and VI of Plaintiff's Complaint and Counterclaims III, IV, and VI of Defendant's Amended Answer, Defenses and Counterclaims. Signed by Judge Maryellen Noreika on 2/10/2023. (dlw) (Entered: 02/10/2023) (2) |
| Feb 10, 2023 | 82 | AMENDED Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,130,646 B1. U.S. Patent No. 10,342,813 B2 dropped from suit by Stipulation and Order (D.I. 81). (dlw) (Entered: 02/10/2023) (1) |
| Feb 10, 2023 | 78 | NOTICE of Subpoenas by Fresenius Kabi USA, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 02/10/2023) (Exhibit 1) (30) |
| Feb 10, 2023 | 78 | NOTICE of Subpoenas by Fresenius Kabi USA, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 02/10/2023) (Exhibit 2) (30) |
| Feb 7, 2023 | 75 | MOTION for Pro Hac Vice Appearance of Attorney Ngoc-An Nguyen - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 02/07/2023) (3) |
| Feb 7, 2023 | 76 | NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiffs' Notice of Deposition to Fresenius Kabi USA, LLC filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 02/07/2023) (2) |
| Jan 30, 2023 | 74 | MOTION for Pro Hac Vice Appearance of Attorney Austin C. Holler - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 01/30/2023) (3) |
| Jan 27, 2023 | 73 | NOTICE OF SERVICE of Plaintiffs' Disclosure of Asserted Claims and Final Infringement Contentions for Defendant Fresenius Kabi USA filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/27/2023) (4) |
| Jan 20, 2023 | 71 | NOTICE OF SERVICE of Plaintiffs HQ Specialty Pharma Corp.'s and WG Critical Care, LLC's Supplemental Identification of Accused Products, Damages Model, and Asserted Patents to Fresenius Kabi USA, LLC - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/20/2023) (3) |
| Jan 20, 2023 | 72 | NOTICE OF SERVICE of Fresenius Kabi, USA, LLC's Supplemental Identification of Invalidity References filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 01/20/2023) (2) |
| Jan 17, 2023 | 64 | NOTICE to Take Deposition of Aparna Dagar on February 14, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/17/2023) (3) |
| Jan 17, 2023 | 65 | NOTICE to Take Deposition of John McNally on February 9, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/17/2023) (3) |
| Jan 17, 2023 | 66 | NOTICE to Take Deposition of Patricia Miyake on February 8, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/17/2023) (3) |
| Jan 17, 2023 | 67 | NOTICE to Take Deposition of Lori Sledzik on February 16, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/17/2023) (3) |
| Jan 17, 2023 | 68 | NOTICE to Take Deposition of Lindsey Thomas on February 15, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/17/2023) (3) |
| Jan 17, 2023 | 69 | NOTICE to Take Deposition of Arunya Usayapant on February 17, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/17/2023) (3) |
| Jan 17, 2023 | 70 | NOTICE to Take Deposition of Christopher Wirkus on February 10, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/17/2023) (3) |
| Jan 13, 2023 | 63 | STIPULATION TO EXTEND TIME to supplement accused products and invalidity references to 1/20/2023 - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 01/13/2023) (1) |
| Jan 4, 2023 | 62 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Notice of Deposition of Plaintiffs Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 01/04/2023) (3) |
| Dec 15, 2022 | 60 | NOTICE to Take Deposition of Joel Hoekstra on February 6, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 12/15/2022) (3) |
| Dec 15, 2022 | 61 | NOTICE to Take Deposition of Kamlesh Patel on February 7, 2023 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 12/15/2022) (3) |
| Dec 7, 2022 | 59 | NOTICE to Take Deposition of Defendant Fresenius Kabi USA, L.L.C. Pursuant to Fed. R. Civ. P. 30(b)(6) on a date mutually agreed upon by counsel filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 12/07/2022) (10) |
| Dec 5, 2022 | 58 | NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendant's First Set of Rule 33 Interrogatories (Nos. 1-8) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 12/05/2022) (3) |
| Nov 23, 2022 | 47 | NOTICE to Take Deposition of Deena Reyes on 1/24/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 48 | NOTICE to Take Deposition of Erica Castagna on 1/16/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 49 | NOTICE to Take Deposition of Grace Kim on 12/15/2022 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 50 | NOTICE to Take Deposition of Jeanne Squeglia on 1/26/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 51 | NOTICE to Take Deposition of Joseph Pizza on 1/30/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 52 | NOTICE to Take Deposition of Katherine Gregory on 1/20/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 53 | NOTICE to Take Deposition of Matthew Barnet on 12/13/2022 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 54 | NOTICE to Take Deposition of Richard Kelly on 12/12/2022 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (2) |
| Nov 23, 2022 | 55 | NOTICE to Take Deposition of HQ Specialty Pharma Corp. on 2/3/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (17) |
| Nov 23, 2022 | 56 | NOTICE to Take Deposition of WG Critical Care, LLC on 2/1/2023 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 11/23/2022) (17) |
| Nov 23, 2022 | 57 | NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendant's Second Set of Rule 33 Interrogatories (Nos. 9-15) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 11/23/2022) (3) |
| Nov 10, 2022 | 46 | NOTICE OF SERVICE of (1) Plaintiffs' Amended Initial Disclosures to Defendant Fresenius Kabi USA, L.L.C. Pursuant to Fed. R. Civ. P. 26(a)(1); and (2) Plaintiffs' Amended Disclosures to Defendant Fresenius Kabi USA, L.L.C. Pursuant to Delaware Default Standard Paragraph 3 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 11/10/2022) (3) |
| Oct 31, 2022 | 45 | NOTICE OF SERVICE of (i) Fresenius Kabi USA's Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and (ii) Fresenius Kabi USA's Amended Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 10/31/2022) (2) |
| Oct 26, 2022 | 44 | SO ORDERED re 43 Stipulation and Order to Amend Certain Scheduling Order Deadlines (Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 1/6/2023. Fact Discovery completed by 3/17/2023. Joinder of Parties due by 1/6/2023. Claim Construction Opening Brief served by 3/24/2023. Claim Construction Answering Brief served by 4/7/2023. Claim Construction Reply Brief served by 4/14/2023. Claim Construction Surreply Brief served by 4/21/2023. Joint Claim Construction Brief filed by 4/25/2023). SEE STIPULATION FOR FURTHER DETAILS. Signed by Judge Maryellen Noreika on 10/26/2022. (dlw) (Entered: 10/26/2022) (2) |
| Oct 25, 2022 | 43 | STIPULATION and [Proposed] Order to Amend Certain Scheduling Order Deadlines re 18 Scheduling Order,,, by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 10/25/2022) (3) |
| Oct 21, 2022 | 42 | NOTICE OF SERVICE of Defendant's First Supplemental Answers and Objections to Plaintiffs' Requests for Admission Nos. 2, 5, 9, 12 and 14 filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 10/21/2022) (2) |
| Oct 10, 2022 | 41 | NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Second Set of Rule 33 Interrogatories (Nos. 9-15) filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 10/10/2022) (2) |
| Sep 26, 2022 | 40 | NOTICE OF SERVICE of Defendant Fresenius Kabi USA, LLC's Answers and Objections to Plaintiffs' First Set of Requests for Admission (Nos. 1-20) filed by Fresenius Kabi USA, LLC.(Farnan, Michael) (Entered: 09/26/2022) (2) |
| Sep 23, 2022 | 38 | NOTICE OF SERVICE of Plaintiffs' Disclosure of Claim Terms for Construction and Proposed Constructions - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 09/23/2022) (3) |
| Sep 23, 2022 | 39 | NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Preliminary Proposed Claim Constructions filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/23/2022) (2) |
| Sep 12, 2022 | 37 | NOTICE OF SERVICE of Defendant Fresenius Kabi USA, LLC's Answers and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-6) filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 09/12/2022) (2) |
| Aug 26, 2022 | 36 | NOTICE OF SERVICE of Fresenius Kabi USA, LLC's Initial Invalidity Contentions filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 08/26/2022) (2) |
| Aug 25, 2022 | 35 | NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Admissions to Defendant Fresenius Kabi USA, LLC filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 08/25/2022) (3) |
| Aug 18, 2022 | 34 | MOTION for Pro Hac Vice Appearance of Attorney Sharon L. Davis - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 08/18/2022) (4) |
| Aug 11, 2022 | 33 | NOTICE OF SERVICE of Plaintiffs' First Set of Interrogatories (Nos. 1-6) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 08/11/2022) (3) |
| Jul 25, 2022 | 31 | NOTICE of Change of Address for Steven Lieberman, Jennifer Nock, D. Lawson Allen and Malissa S. Magiera by HQ Specialty Pharma Corp., WG Critical Care, LLC (Dellinger, Megan) (Entered: 07/25/2022) (2) |
| Jul 25, 2022 | 32 | NOTICE OF SERVICE of (1) Plaintiffs' Objections and Responses to Defendant's First Set of Rule 33 Interrogatories (Nos. 1-8); and (2) Plaintiffs' Objections and Responses to Defendant's First Set of Requests for the Production of Documents and Things (Nos. 1-183) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 07/25/2022) (3) |
| Jul 15, 2022 | 30 | NOTICE OF SERVICE of Plaintiffs' Disclosure of Asserted Claims and Preliminary Infringement Contentions for Defendant Fresenius Kabi USA filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 07/15/2022) (3) |
| Jul 5, 2022 | 29 | NOTICE OF SERVICE of Defendant Fresenius Kabi USA, LLC's Responses and Objections to Plaintiffs' First Set of Requests for Production (Nos. 1-54) filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 07/05/2022) (2) |
| Jul 1, 2022 | 28 | ANSWER to 26 Answer to Complaint, Counterclaim by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) Modified on 7/5/2022 (dlw). (Entered: 07/01/2022) (30) |
| Jun 10, 2022 | 25 | STIPULATION Concerning Amended Answer, Defenses, and Counterclaims by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 06/10/2022) (Main Document) (2) |
| Jun 10, 2022 | 26 | AMENDED ANSWER to 1 Complaint, with Jury Demand, Defenses, and COUNTERCLAIM against HQ Specialty Pharma Corp., WG Critical Care, LLC by Fresenius Kabi USA, LLC.(dlw) (Entered: 06/10/2022) (30) |
| Jun 10, 2022 | 27 | NOTICE OF SERVICE of (i) Fresenius Kabi USA, LLC's First Set of Rule 33 Interrogatories (Nos. 1-8) and (ii) Fresenius Kabi USA, LLC's First Set of Requests for Production of Documents and Things (Nos. 1-183) filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 06/10/2022) (2) |
| Jun 10, 2022 | 25 | STIPULATION Concerning Amended Answer, Defenses, and Counterclaims by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 06/10/2022) (Exhibit 1) (30) |
| Jun 10, 2022 | 25 | STIPULATION Concerning Amended Answer, Defenses, and Counterclaims by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 06/10/2022) (Exhibit 2) (30) |
| Jun 3, 2022 | 24 | NOTICE OF SERVICE of Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-54) filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 06/03/2022) (3) |
| May 16, 2022 | 23 | STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 5/16/2022. (dlw) (Entered: 05/16/2022) (26) |
| May 12, 2022 | 20 | NOTICE OF SERVICE of (i) Fresenius Kabi USA's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and (ii) Fresenius Kabi USA's Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Fresenius Kabi USA, LLC.(Farnan, Brian) (Entered: 05/12/2022) (2) |
| May 12, 2022 | 21 | NOTICE OF SERVICE of 1) Plaintiffs' Initial Disclosures to Defendant Fresenius Kabi USA, L.L.C. Pursuant to Fed. R. Civ. P. 26(a)(1); and (2) Plaintiffs' Disclosures to Defendant Fresenius Kabi USA, L.L.C. Pursuant to Delaware Default Standard Paragraph 3 filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 05/12/2022) (3) |
| May 12, 2022 | 22 | PROPOSED ORDER // Protective Order by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) Modified on 5/16/2022 (dlw). (Entered: 05/12/2022) (26) |
| Apr 22, 2022 | 19 | NOTICE OF SERVICE of Identification of Accused Products, Damages Model, and Asserted Patents to Fresenius Kabi USA, LLC filed by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Dellinger, Megan) (Entered: 04/22/2022) (3) |
| Apr 12, 2022 | 17 | MOTION for Pro Hac Vice Appearance of Attorney Abraham J. Varon - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 04/12/2022) (3) |
| Apr 12, 2022 | 18 | SCHEDULING ORDER: Joinder of Parties due by 12/2/2022. Amended Pleadings due by 12/2/2022. Fact Discovery completed by 12/21/2022. Opening Expert Reports due by 6/2/2023. Rebuttal Expert Reports due by 7/14/2023. Reply Expert Reports due by 8/25/2023. Expert Discovery due by 10/6/2023. Dispositive Motions due by 10/27/2023. Claim Construction Opening Brief served by 3/10/2023. Claim Construction Answering Brief served by 3/24/2023. Claim Construction Reply Brief served by 3/31/2023. Claim Construction Surreply Brief served by 4/7/2023. Joint Claim Construction Brief filed by 4/19/2023. A Markman Hearing is set for 5/16/2023 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 3/18/2024 at 11:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 3/25/2024 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 4/12/2022. (dlw) (Entered: 04/12/2022) (15) |
| Apr 1, 2022 | 16 | PROPOSED ORDER -- Scheduling Order -- by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 04/01/2022) (15) |
| Mar 23, 2022 | 15 | STIPULATION TO EXTEND TIME for the parties to submit a proposed Scheduling Order to April 1, 2022 - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Dellinger, Megan) (Entered: 03/23/2022) (1) |
| Feb 25, 2022 | 13 | ANSWER to 10 Answer to Complaint, Counterclaim by HQ Specialty Pharma Corp., WG Critical Care, LLC.(Blumenfeld, Jack) Modified on 2/25/2022 (dlw). (Entered: 02/25/2022) (11) |
| Feb 25, 2022 | 14 | ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiffs serve their opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. 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), and the parties must include a proposal for the length and timing of trial. 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 2/25/2022. (dlw) (Entered: 02/25/2022) (0) |
| Feb 18, 2022 | 12 | MOTION for Pro Hac Vice Appearance of Attorney Malissa S. Magiera - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Blumenfeld, Jack) (Entered: 02/18/2022) (4) |
| Feb 4, 2022 | 10 | ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against HQ Specialty Pharma Corp., WG Critical Care, LLC by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 02/04/2022) (Main Document) (30) |
| Feb 4, 2022 | 11 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fresenius Kabi Pharmaceuticals Holding, LLC, Other Affiliate Fresenius Kabi AG, Other Affiliate Fresenius SE & Co. KGaA for Fresenius Kabi USA, LLC filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 02/04/2022) (2) |
| Feb 4, 2022 | 10 | ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against HQ Specialty Pharma Corp., WG Critical Care, LLC by Fresenius Kabi USA, LLC. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 02/04/2022) (Exhibit A) (4) |
| Dec 20, 2021 | 9 | MOTION for Pro Hac Vice Appearance of Attorney William A. Rakoczy, Paul J. Molino, Heinz J. Salmen, Conly S. Wythers, Natasha L. White, and Adrianne C. Rose - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 12/20/2021) (8) |
| Dec 15, 2021 | 8 | MOTION for Pro Hac Vice Appearance of Attorney Steven Lieberman, Jennifer Nock and of D. Lawson Allen - filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (Blumenfeld, Jack) (Entered: 12/15/2021) (6) |
| Dec 13, 2021 | 7 | STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to the Complaint to 2/4/2022 - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) (Entered: 12/13/2021) (1) |
| Dec 6, 2021 | 6 | SUMMONS Returned Executed by HQ Specialty Pharma Corp., WG Critical Care, LLC. Fresenius Kabi USA, LLC served on 12/6/2021, answer due 12/27/2021. (Blumenfeld, Jack) (Entered: 12/06/2021) (2) |
| Dec 3, 2021 | 1 | Complaint* (1) |
| Dec 3, 2021 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 12/03/2021) (3) |
| Dec 3, 2021 | 3 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,130,646 B1 ;10,342,813 B2. (myr) (Entered: 12/03/2021) (1) |
| Dec 3, 2021 | 4 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pharmasphere, Inc. for HQ Specialty Pharma Corp., WG Critical Care, LLC filed by HQ Specialty Pharma Corp., WG Critical Care, LLC. (myr) (Entered: 12/03/2021) (1) |
| Dec 3, 2021 | 5 | Summons Issued with Magistrate Consent Notice attached as to Fresenius Kabi USA, LLC on 12/3/2021. (myr) (Entered: 12/03/2021) (2) |
