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Case number 2021-1653

Medytox, Inc. v. ITC > Documents

Date Field Doc. No.Description (Pages)
Jul 26, 2021 72 ORDER filed granting motions [61] [64] to the extent that the appeals are deemed moot and the matter is remanded for the Commission to address vacatur of its final determination. Any pending motions [65] are denied as moot. The parties shall bear their own costs.; issuing mandate. Service as of this date by the Clerk of Court. [788576] [21-1653, 21-1654] [LMS] [Entered: 07/26/2021 10:01 AM] (3)
Jul 7, 2021 71 Letter from Intervenor Daewoong Pharmaceutical Co., Ltd. concerning update on the status of appeals. Service: 07/07/2021 by email. [784523] [21-1653] [Thomas Goldstein] [Entered: 07/07/2021 02:05 PM] (3)
Jun 30, 2021 70 ORDER granting [60] [63] the motions, ECF Nos. 60 and 63. The revised official caption and short caption are reflected above. The parties shall bear their own costs with respect to Evolus and Allergan. Service as of this date by the Clerk of Court. [783451] [21-1653, 21-1654] [LMS] [Entered: 06/30/2021 11:40 AM] (2)
Jun 28, 2021 69 Notice from Appellant Medytox, Inc. of Non-Opposition to Motions to Dismiss Appeals as Moot. Service: 06/28/2021 by email. [782920] [21-1653] [David Herrington] [Entered: 06/28/2021 02:33 PM] (4)
Jun 28, 2021 68 Letter from Appellant Medytox, Inc. concerning update on the status of appeals. Service: 06/28/2021 by email. [782918] [21-1653] [David Herrington] [Entered: 06/28/2021 02:29 PM] (2)
Jun 22, 2021 67 Letter from Appellant Medytox, Inc. concerning update on the status of appeals. Service: 06/22/2021 by email. [781832] [21-1653] [David Herrington] [Entered: 06/22/2021 04:42 PM] (2)
Jun 16, 2021 66 ORDER The deadline to file any opposition to the motions to dismiss is stayed pending consideration of ECF No. 65. Service as of this date by the Clerk of Court. [780674] [LMS] [Entered: 06/16/2021 11:42 AM] (2)
Jun 15, 2021 65 MOTION of Appellant Medytox, Inc. to waive requirement. Service: 06/15/2021 by email. [780550] [21-1653] [David Herrington] [Entered: 06/15/2021 06:18 PM] (8)
Jun 8, 2021 64 MOTION of Intervenor Daewoong Pharmaceutical Co., Ltd. to Dismiss the Consolidated Appeals as Moot. Service: 06/08/2021 by email. [779190] [21-1653] [Thomas Goldstein] [Entered: 06/08/2021 09:08 PM] (67)
Jun 8, 2021 63 MOTION of Intervenor Evolus, Inc. to withdraw party, Evolus, Inc., as a party to this appeal. Service: 06/08/2021 by email. [779189] [21-1653] [Nicholas Groombridge] [Entered: 06/08/2021 08:39 PM] (9)
Jun 8, 2021 62 Confidential Motion of Appellee International Trade Commission to Dismiss the Consolidated Appeals as Moot filed by Appellee ITC corresponding to Doc. No. [61]. Service: 06/08/2021 by email. [779172] [21-1653] [Houda Morad] [Entered: 06/08/2021 05:54 PM] (0)
Jun 8, 2021 61 MOTION of Appellee ITC to terminate appeal through Dismissal as Moot. Cases to be terminated: 21-1653 and 21-1654. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). Service: 06/08/2021 by email. [779168] [21-1653] [Houda Morad] [Entered: 06/08/2021 05:43 PM] (229)
Jun 8, 2021 60 MOTION of Appellants Allergan Limited and Allergan, Inc. to voluntarily dismiss appeal pursuant to FRAP 42(b), to withdraw party, Allergan Limited and Allergan, Inc., as a party to this appeal. Service: 06/08/2021 by email. [779148] [21-1653] [Jeffrey Thomas] [Entered: 06/08/2021 04:40 PM] (10)
May 25, 2021 59 ORDER directing the parties to file their respective anticipated motions no later than fourteen days from the date of filing of this order. Service as of this date by the Clerk of Court. [776988] [LMS] [Entered: 05/25/2021 02:01 PM] (2)
May 17, 2021 58 RESPONSE of Intervenor Daewoong Pharmaceutical Co., Ltd. to Doc. No. [53], [53]. Service: 05/17/2021 by email. [775529] [21-1653] [Eric Citron] [Entered: 05/17/2021 08:33 PM] (17)
May 17, 2021 57 RESPONSE of Appellant Medytox, Inc. to Doc. No. [53], [53]. Service: 05/17/2021 by email. [775528] [21-1653] [David Herrington] [Entered: 05/17/2021 08:33 PM] (6)
May 17, 2021 56 RESPONSE of Intervenor Evolus, Inc. to Doc No. [53], [53]. Service: 05/17/2021 by email. [775527] [21-1653] [Nicholas Groombridge] [Entered: 05/17/2021 08:31 PM] (1)
May 17, 2021 55 RESPONSE of Appellants Allergan Limited and Allergan, Inc. to Doc. No. [53], [53]. Service: 05/17/2021 by email. [775488] [21-1653] [Jeffrey Thomas] [Entered: 05/17/2021 04:53 PM] (1)
May 17, 2021 54 RESPONSE of Appellee ITC to Doc. No. [53], [53]. Service: 05/17/2021 by email. [775430] [21-1653] [Sidney Rosenzweig] [Entered: 05/17/2021 02:50 PM] (31)
Apr 16, 2021 53 ORDER filed granting motion [49] to the extent that ECF Nos. [6] and [30] are withdrawn, the interim stay is lifted, and the briefing schedule is stayed. Medytox’s motion [50] is granted. The revised official caption is reflected in the order. Within fourteen days of the Commission’s resolution of the petition to rescind the underlying remedial orders, the parties are directed to inform this court as to how they believe these appeals should proceed. Service as of this date by the Clerk of Court. [769356] [21-1653, 21-1654] [NL] [Entered: 04/16/2021 02:57 PM] (3)
Mar 26, 2021 52 Letter from Appellants Medytox, Inc., Allergan Limited, Allergan, Inc. and Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc. to update status of appeals in light of settlement.. Service: 03/26/2021 by email. [765130] [21-1653] [David Herrington] [Entered: 03/26/2021 03:25 PM] (0)
Mar 25, 2021 51 Certified list received. Service: 03/24/2021 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [764829] [MMA] [Entered: 03/25/2021 05:58 PM] (0)
Mar 17, 2021 49 MOTION of Intervenor Daewoong Pharmaceutical Co., Ltd. to withdraw [6] motion , [30] motion filed by Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc., [30] motion filed by Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc., [30] motion filed by Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc., to lift stay. Service: 03/17/2021 by email. [762879] [21-1653] [Thomas Goldstein] [Entered: 03/17/2021 10:09 AM] (0)
Mar 17, 2021 50 MOTION of Appellant Medytox, Inc. for leave to intervene. Service: 03/17/2021 by email. [763124] [21-1653] [David Herrington] [Entered: 03/17/2021 10:23 PM] (0)
Mar 15, 2021 47 Docketing Statement for the Intervenor Evolus, Inc.. Service: 03/15/2021 by email. [762356] [21-1653] [Nicholas Groombridge] [Entered: 03/15/2021 03:59 PM] (0)
Mar 15, 2021 48 Docketing Statement for the Appellant Medytox, Inc.. Service: 03/15/2021 by email. [762538] [21-1653] [David Herrington] [Entered: 03/15/2021 10:47 PM] (0)
Mar 12, 2021 43 Letter from Appellants Medytox, Inc., Allergan Limited, Allergan, Inc. and Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc. to update status of appeals in light of settlement. Service: 03/12/2021 by email. [761918] [21-1653] [David Herrington] [Entered: 03/12/2021 02:07 PM] (0)
Mar 12, 2021 44 Docketing Statement for the Intervenor Daewoong Pharmaceutical Co., Ltd.. Service: 03/12/2021 by email. [761956] [21-1653] [Charles Davis] [Entered: 03/12/2021 03:21 PM] (0)
Mar 12, 2021 45 Entry of appearance for Eric F. Citron as counsel for Intervenor Daewoong Pharmaceutical Co., Ltd.. Service: 03/12/2021 by email. [761978] [21-1653] [Eric Citron] [Entered: 03/12/2021 03:46 PM] (0)
Mar 12, 2021 46 Docketing Statement for the Appellee ITC. Service: 03/12/2021 by email. [762050] [21-1653] [Houda Morad] [Entered: 03/12/2021 05:28 PM] (0)
Mar 11, 2021 42 ORDER filed granting [40] ECF No. 40. (Per Curiam). Service as of this date by the Clerk of Court. [761610] [LMS] [Entered: 03/11/2021 12:03 PM] (2)
Mar 1, 2021 41 Certificate of Interest for Intervenor Daewoong Pharmaceutical Co., Ltd.. Service: 03/01/2021 by email. [759259] [21-1653] [Charles Davis] [Entered: 03/01/2021 02:36 PM] (4)
Feb 26, 2021 40 MOTION of Appellants Allergan Limited, Allergan, Inc., Medytox, Inc. and Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc. to continue stay of proceedings. Service: 02/26/2021 by email. [759065] [21-1653] [David Herrington] [Entered: 02/26/2021 07:13 PM] (18)
Feb 26, 2021 39 Letter from Appellants Medytox, Inc., Allergan Limited, Allergan, Inc. and Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc. to update status of appeals in light of settlement.. Service: 02/26/2021 by email. [759061] [21-1653] [David Herrington] [Entered: 02/26/2021 06:54 PM] (3)
Feb 26, 2021 38 Amended Certificate of Interest for Intervenor Evolus, Inc.. Service: 02/26/2021 by email. [759055] [21-1653] [Nicholas Groombridge] [Entered: 02/26/2021 05:48 PM] (3)
Feb 26, 2021 37 Corrected Certificate of Interest for Appellant Medytox, Inc.. Service: 02/26/2021 by email. [759034] [21-1653] [David Herrington] [Entered: 02/26/2021 04:52 PM] (4)
Feb 26, 2021 36 Certificate of Interest for Appellant Medytox, Inc.. Service: 02/26/2021 by email. [758956] [21-1653] [David Herrington] [Entered: 02/26/2021 02:04 PM] (4)
Feb 26, 2021 35 Certificate of Interest for Appellants Allergan Limited and Allergan, Inc.. Service: 02/26/2021 by email. [758951] [21-1653] [Jeffrey Thomas] [Entered: 02/26/2021 01:49 PM] (3)
Feb 19, 2021 31 NOTICE OF NON-COMPLIANCE: The submission of Appellants Allergan Limited and Allergan, Inc., Entry of Appearance [29], is not in compliance with the rules of this court (see attached). Compliant document due on 02/26/2021. Service as of this date by the Clerk of Court. [757231] [LMN] [Entered: 02/19/2021 08:12 AM] (1)
Feb 19, 2021 32 Letter from Appellee ITC License and Settlement Agreement. Service: 02/19/2021 by email. [757349] [21-1653] [Sidney Rosenzweig] [Entered: 02/19/2021 11:59 AM] (8)
Feb 19, 2021 33 Corrected Entry of appearance for Mark A. Perry; Jeffrey T. Thomas; Brian M. Buroker; Joshua A. Jessen; Jennifer J. Rho; Nathan R. Curtis; Michael Sitzman as counsel for Appellants Allergan Limited and Allergan, Inc.. Service: 02/19/2021 by email. [757354] [21-1653] [Mark Perry] [Entered: 02/19/2021 12:09 PM] (2)
Feb 19, 2021 34 Letter from Appellants Allergan Limited, Allergan, Inc., Medytox, Inc. and Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc. Regarding License and Settlement Agreement. Service: 02/19/2021 by email. [757522] [21-1653] [David Herrington] [Entered: 02/19/2021 10:57 PM] (2)
Feb 18, 2021 29 Corrected Entry of appearance for Mark A. Perry; Jeffrey T. Thomas; Brian M. Buroker; Joshua A. Jessen; Jennifer J. Rho; Nathan R. Curtis; Michael Sitzman as counsel for Appellants Allergan Limited and Allergan, Inc.. Service: 02/18/2021 by email. [757132] [21-1653] This document is non-compliant. See Doc No. [31] [Mark Perry] [Entered: 02/18/2021 04:36 PM] (2)
Feb 18, 2021 30 MOTION of Intervenors Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc. to expedite briefing schedule, to expedite hearing, to designate Applicants as the nominal Appellants. Service: 02/18/2021 by email. [757147] [21-1653] [Thomas Goldstein] [Entered: 02/18/2021 04:59 PM] (20)
Feb 17, 2021 28 Note to File: The following cases are consolidated: 21-1653 Lead with 21-1654 Cross-Appeal. The parties must file all documents in the lead appeal only. [756857] [21-1653, 21-1654] [LMN] [Entered: 02/17/2021 03:12 PM] (0)
Feb 17, 2021 27 Corrected Entry of appearance for Nicholas Groombridge; Kannon K. Shanmugam; Josephine Young as counsel for Intervenor Evolus, Inc.. Service: 02/17/2021 by email. [756760] [21-1653] [Nicholas Groombridge] [Entered: 02/17/2021 12:28 PM] (2)
Feb 16, 2021 26 NOTICE OF NON-COMPLIANCE: The submission of Appellants Allergan Limited and Allergan, Inc., Entry of Appearance [20], is not in compliance with the rules of this court (see attached). Compliant document due on 02/23/2021. Service as of this date by the Clerk of Court. [756122] [LMN] [Entered: 02/16/2021 09:37 AM] (1)
Feb 16, 2021 25 NOTICE OF NON-COMPLIANCE: The submission of Intervenor Evolus, Inc., Entry of Appearance [11], is not in compliance with the rules of this court (see attached). Compliant document is due on 02/23/2021. Service as of this date by the Clerk of Court. [756110] [LMN] [Entered: 02/16/2021 09:30 AM] (1)
Feb 16, 2021 24 CORRECTED ORDER: correcting Court Order for response or reply [23]; reason(s): to correct the year in Action 6. Service as of this date by the Clerk of Court. [756085] [21-1653, 21-1654] [LMS] [Entered: 02/16/2021 08:41 AM] (3)
Feb 15, 2021 17 Notice of Correction to Doc No. [16], [15] for Appellants Allergan Limited, Allergan, Inc. and Medytox, Inc.. Service: 02/15/2021 by email. [756058] [21-1653] [David Herrington] [Entered: 02/15/2021 02:04 PM] (7)
Feb 15, 2021 23 ORDER filed granting motion for leave to intervene [4] in 21-1653 Daewoong Pharmaceutical Co., Ltd. and Evolus, Inc. added to the case.; Appeal Nos. 2021-1653 and 2021-1654 are consolidated in the nature of cross-appeals, and the motion for a stay and motion for interim relief shall be deemed to be filed in connection with both appeals. The revised official captions are reflected above. Allergan and Medytox's motion for leave to file out-of-time [22] is granted. The motion for an interim stay [5] is granted to the extent that the Remedial Orders are temporarily stayed and the government is directed not to enforce the Remedial Orders until further notice while the court considers the motion for a stay pending appeal. Any oppositions to the motion to stay [6] are due no later than March 2, 2021. Any reply in support of the motion is due no later than March 5, 2021. (see order for details) (Per Curiam). Service as of this date by the Clerk of Court. [756075] [21-1653, 21-1654] --[Edited 02/16/2021 by LMS to change the year for the due dates] [LMS] [Entered: 02/15/2021 05:41 PM] (0)
Feb 15, 2021 22 MOTION of Appellants Allergan Limited, Allergan, Inc. and Medytox, Inc. FOR LEAVE TO FILE OPPOSITION TO EMERGENCY MOTION FOR INTERIM STAY AND PARTIAL OPPOSITION TO EMERGENCY MOTION TO INTERVENE OUT OF TIME. Service: 02/15/2021 by email. [756066] [21-1653] [David Herrington] [Entered: 02/15/2021 04:01 PM] (18)
Feb 15, 2021 16 Confidential OPPOSITION TO EMERGENCY MOTION FOR INTERIM STAY AND PARTIAL OPPOSITION TO EMERGENCY MOTION TO INTERVENE filed by Appellants Allergan Limited, Allergan, Inc. and Medytox, Inc.. Service: 02/15/2021 by email. [756051] [21-1653] [David Herrington] [Entered: 02/15/2021 12:15 PM] (0)
Feb 15, 2021 15 RESPONSE of Appellants Allergan Limited, Allergan, Inc. and Medytox, Inc. to the Court Order for expedited response or reply [10], Court Order [10], motion for leave to intervene [4], motion for stay pending appeal under Rule 8/18 [5]. Service: 02/15/2021 by email. [756050] [21-1653] [David Herrington] [Entered: 02/15/2021 12:03 PM] (42)
Feb 15, 2021 14 RESPONSE of Appellee ITC to the motion for leave to intervene [4], motion for stay pending appeal under Rule 8/18 [5], Court Order for expedited response or reply [10], Court Order [10]. Service: 02/15/2021 by email. [756049] [21-1653] [Houda Morad] [Entered: 02/15/2021 11:46 AM] (33)
Feb 15, 2021 13 Entry of appearance for David H. Herrington; Nowell D. Bamberger; Joon H. Kim; Arminda B. Bepko; Charity E. Lee as counsel for Appellant Medytox, Inc.. Service: 02/15/2021 by email. [756048] [21-1653] [David Herrington] [Entered: 02/15/2021 10:36 AM] (2)
Feb 15, 2021 21 REPLY of Daewoong Pharmaceutical Co., Ltd.; Evolus, Inc. to response [15], response [14]. Service: 02/15/2021 by email. [756064] [21-1653] [Thomas Goldstein] [Entered: 02/15/2021 02:57 PM] (57)
Feb 15, 2021 20 Entry of appearance for Mark A. Perry; Jeffrey T. Thomas; Brian M. Buroker; Joshua A. Jessen; Jennifer J. Rho; Nathan R. Curtis; Michael Sitzman as counsel for Appellants Allergan Limited and Allergan, Inc.. Service: 02/15/2021 by email. [756063] [21-1653] This document is non-compliant. See Doc No. [26] [Mark Perry] [Entered: 02/15/2021 02:42 PM] (2)
Feb 15, 2021 19 Confidential CORRECTED OPPOSITION TO EMERGENCY MOTION FOR INTERIM STAY AND PARTIAL OPPOSITION TO EMERGENCY MOTION TO INTERVENE filed by Appellants Allergan Limited, Allergan, Inc. and Medytox, Inc. corresponding to Doc. No. [18]. Service: 02/15/2021 by email. [756062] [21-1653] [David Herrington] [Entered: 02/15/2021 02:16 PM] (0)
Feb 15, 2021 18 RESPONSE of Appellants Allergan Limited, Allergan, Inc. and Medytox, Inc. to the Court Order [10], Court Order [10], motion [5], motion [4]. Service: 02/15/2021 by email. [756061] [21-1653] [David Herrington] [Entered: 02/15/2021 02:10 PM] (42)
Feb 14, 2021 12 Letter from Daewoong Pharmaceutical Co., Ltd.; Evolus, Inc. Response to Court Order. Service: 02/14/2021 by email. [756043] [21-1653] [Thomas Goldstein] [Entered: 02/14/2021 09:13 PM] (10)
Feb 14, 2021 11 Entry of appearance for Nicholas Groombridge, Kannon K. Shanmugam, Josephine Young as counsel for Evolus, Inc.. Service: 02/14/2021 by email. [756036] [21-1653] This document is non-compliant. See Doc No. [25] [Nicholas Groombridge] [Entered: 02/14/2021 04:20 PM] (2)
Feb 14, 2021 10 ORDER filed The parties named in the caption shall file responses to the motion for leave to intervene and to the motion for an interim stay no later than 12:00 p.m. Eastern Time on Monday, February 15, 2021. The two motions may be addressed together. (see order for details) Daewoong and Evolus may reply, no later than 3:00 p.m. Eastern Time, February 15, 2021. (Per Curiam). Service as of this date by the Clerk of Court. [756035] [LMS] [Entered: 02/14/2021 10:31 AM] (3)
Feb 13, 2021 9 Letter from Appellee ITC Motions to Intervene and Stay (ECF Nos. 4-6). Service: 02/13/2021 by email. [756022] [21-1653] [Sidney Rosenzweig] [Entered: 02/13/2021 04:01 PM] (2)
Feb 13, 2021 8 Entry of appearance for Houda Morad; Sidney A. Rosenzweig; Wayne W. Herrington as counsel for Appellee ITC. Service: 02/13/2021 by email. [756021] [21-1653] [Sidney Rosenzweig] [Entered: 02/13/2021 03:58 PM] (2)
Feb 13, 2021 7 Confidential EMERGENCY MOTION TO STAY PENDING APPEAL from Daewoong Pharmaceutical Co., Ltd.; Evolus, Inc. corresponding to Doc. No. [6]. Service: 02/13/2021 by email. [756019] [21-1653] [Thomas Goldstein] [Entered: 02/13/2021 02:09 AM] (0)
Feb 13, 2021 6 MOTION of Daewoong Pharmaceutical Co., Ltd.; Evolus, Inc. for an emergency stay pending appeal under Rule 8/18. Service: 02/13/2021 by email. [756018] [21-1653] [Thomas Goldstein] [Entered: 02/13/2021 02:00 AM] (163)
Feb 12, 2021 5 MOTION of Daewoong Pharmaceutical Co. Ltd.; Evolus, Inc. for an emergency stay pending appeal under Rule 8/18. Service: 02/12/2021 by email. [756017] [21-1653] [Thomas Goldstein] [Entered: 02/12/2021 11:48 PM] (132)
Feb 12, 2021 4 MOTION of Daewoong Pharmaceutical Co., Ltd.; Evolus, Inc. for leave to intervene. Service: 02/12/2021 by email. [756015] [21-1653] [Thomas Goldstein] [Entered: 02/12/2021 11:43 PM] (18)
Feb 12, 2021 3 Letter from Daewoong Pharmaceutical Co., Ltd. Upcoming Motions Practice. Service: 02/12/2021 by email. [756012] [21-1653] [Thomas Goldstein] [Entered: 02/12/2021 11:35 PM] (3)
Feb 12, 2021 2 Entry of appearance for Thomas C. Goldstein; Charles H. Davis; Daniel Zaheer; Benjamin J.A. Sauter as counsel for Daewoong Pharmaceutical Co., Ltd.. Service: 02/12/2021 by email. [756011] [21-1653] [Thomas Goldstein] [Entered: 02/12/2021 11:28 PM] (2)
Feb 12, 2021 1 Appeal docketed. Received: 02/12/2021. [755972] Entry of Appearance is due on 02/26/2021. Certificate of Interest is due on 02/26/2021. Docketing Statement is due on 03/15/2021. Certified List is due on 03/24/2021. [CAB] [Entered: 02/12/2021 05:08 PM] (93)
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