Case number 1:23-cv-00655
Merck KGaA et al v. Apotex Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 30, 2023 | 33 | STIPULATION -- Stipulation and Order to Consolidate -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 11/30/2023) (4) |
| Nov 27, 2023 | 32 | ORAL ORDER: The Court, having reviewed the parties' amended Proposed Scheduling Order, (D.I. 30), hereby ORDERS that by no later than November 30, 2023, the parties and the Defendant in the related case, Civil Action No. 22-1365-GBW-CJB (the "Related Case"), shall file a joint stipulation agreeing to consolidate certain dates in this case with the Related Case, as requested by the parties. Ordered by Judge Christopher J. Burke on 11/27/2023. (dlb) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 31 | SCHEDULING ORDER: Joinder of Parties due by 2/2/2024. Amended Pleadings due by 2/2/2024. Fact Discovery completed by 3/8/2024. Opening Expert Reports due by 5/3/2024. Rebuttal Expert Reports due by 6/21/2024. Reply Expert Reports due by 7/19/2024. Status Report due by 4/26/2024. A Markman Hearing is set for 1/30/2024 at 01:00 PM before Judge Christopher J. Burke. A Pretrial Conference is set for 1/7/2025 at 01:00 PM in Courtroom 6B before Judge Gregory B. Williams. A Bench Trial is set for 1/13/2025 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Please see Order for further details and deadlines. Signed by Judge Christopher J. Burke on 11/27/2023. (dlb) (Entered: 11/27/2023) (15) |
| Nov 22, 2023 | 30 | Joint PROPOSED ORDER -- Corrected Proposed Scheduling Order -- re 29 Oral Order,,,,, by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Cover Letter to The Honorable Christopher J. Burke)(Tigan, Jeremy) (Entered: 11/22/2023) (0) |
| Nov 17, 2023 | 29 | ORAL ORDER: The Court has reviewed the parties' Proposed Scheduling Order (the "Order"), (D.I. 28), and sees that the parties suggest participating in the Markman hearing in the related matter of Civil Action No. 22-1365-GBW-CJB (the "Related Matter"), and consolidating the Pre-Trial Conference and Trial in some way with those scheduled in the Related Matter. The parties should advise the Court whether this proposed consolidation has been discussed with the Defendants in the Related Matter and whether there are any objections from those Defendants. Additionally, the Court notes the following with regard to the Order: (1) The Civil Action No. of the Related Case appears to be incorrectly listed throughout the Order.; (2) Paragraph 3 of the Order does not include the language regarding "Other Proceedings" as set out in paragraph 3 of Judge Burke's "Rule 16 Scheduling Order Patent," which can be found on Judge Burke's portion of the District Court's website.; and (3) The Order includes reference to the case being submitted to a jury in paragraph 20, which should not be included here. The Court hereby ORDERS that by no later than November 22, 2023, the parties shall provide an answer to the above question and file an amended Proposed Scheduling Order that makes the noted changes and corrections. Ordered by Judge Christopher J. Burke on 11/17/2023. (dlb) (Entered: 11/17/2023) (0) |
| Nov 16, 2023 | 28 | Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Proposed Scheduling Order - re 23 Oral Order,,,,,,. (Attachments: # 1 Proposed Scheduling Order, # 2 Case Management Checklist)(Tigan, Jeremy) (Entered: 11/16/2023) (0) |
| Nov 13, 2023 | 27 | Remark: the motion to dismiss at D.I. 13 was withdrawn per D.I. 26. (ntl) (Entered: 11/13/2023) (0) |
| Nov 7, 2023 | 26 | STIPULATION of Dismissal and [Proposed] Order by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 11/07/2023) (3) |
| Nov 1, 2023 | 25 | NOTICE OF SERVICE of Merck KGaA, Merck Serono SA, and Ares Trading SA's Initial Infringement Contentions filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 11/01/2023) (3) |
| Oct 24, 2023 | 24 | ANSWER to 12 Answer to Complaint, Counterclaim by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 10/24/2023) (8) |
| Oct 17, 2023 | 23 | ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order that is consistent with Judge Burke's "Rule 16 Scheduling Order--Patent" up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 12-21 of Judge Williams' "Rule 16 Scheduling Order -- Patent (ANDA)" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions).; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Williams' portions of the District Court's website. Ordered by Judge Christopher J. Burke on 10/17/2023. (dlb) (Entered: 10/17/2023) (0) |
| Oct 16, 2023 | 22 | STIPULATION TO EXTEND TIME for Plaintiffs to file an opposition to Defendants Apotex Inc. and Apotex Corp.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6) (D.I. 13) to November 7, 2023 - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 10/16/2023) (2) |
| Oct 13, 2023 | 21 | ORAL ORDER REFERRING CASE TO Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine, or the pre-trial conference), subject to 28 U.S.C. §636(b) and any further Order of the Court. ORDERED by Judge Gregory B. Williams on 10/13/23.(ntl) (Entered: 10/13/2023) (0) |
| Oct 11, 2023 | 20 | REDACTED VERSION of 16 Declaration by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 10/11/2023) (30) |
| Oct 11, 2023 | 19 | REDACTED VERSION of 15 Opening Brief in Support by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 10/11/2023) (27) |
| Oct 4, 2023 | 18 | ORDER Granting 14 MOTION to Seal filed by Apotex Inc., Apotex Corp. Signed by Judge Gregory B. Williams on 10/4/23. (ntl) (Entered: 10/04/2023) (1) |
| Oct 3, 2023 | 14 | MOTION to Seal - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 10/03/2023) (6) |
| Oct 3, 2023 | 15 | [SEALED] OPENING BRIEF in Support re 13 MOTION to Dismiss Based upon FRCP 12(b)(1) and FRCP 12(b)(6) filed by Apotex Corp., Apotex Inc..Answering Brief/Response due date per Local Rules is 10/17/2023. (Hitch, Cortlan) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | 16 | [SEALED] DECLARATION re 13 MOTION to Dismiss Based upon FRCP 12(b)(1) and FRCP 12(b)(6) Declaration of Jaimin H. Shah by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | 17 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Apotex Pharmaceuticals Holdings, Inc. for Apotex Inc.; Corporate Parent Aposherm Delaware Holdings Corporation for Apotex Corp. filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 10/03/2023) (2) |
| Oct 3, 2023 | 13 | MOTION to Dismiss Based upon FRCP 12(b)(1) and FRCP 12(b)(6) - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 10/03/2023) (3) |
| Oct 3, 2023 | 12 | ANSWER to 1 Complaint , COUNTERCLAIM against Merck KGaA, Merck Serono SA by Apotex Corp., Apotex Inc..(Hitch, Cortlan) (Entered: 10/03/2023) (30) |
| Sep 19, 2023 | 11 | STIPULATION TO EXTEND TIME for Defendants Apotex Inc. and Apotex Corp. to answer, move or otherwise respond to the Complaint to October 3, 2023 - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 09/19/2023) (2) |
| Sep 5, 2023 | 10 | STIPULATION TO EXTEND TIME for Apotex to Answer, Move, or Otherwise Respond to the Complaint to September 19, 2023 - filed by Apotex Corp., Apotex Inc.. (Dorsney, Kenneth) (Entered: 09/05/2023) (2) |
| Jul 6, 2023 | 9 | STIPULATION TO EXTEND TIME for Defendants Apotex Inc. and Apotex Corp. to answer, move or otherwise respond to the Complaint to September 5, 2023 - filed by Apotex Corp., Apotex Inc.. (Hitch, Cortlan) (Entered: 07/06/2023) (2) |
| Jun 21, 2023 | N/A | Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) (Entered: 06/21/2023) (0) |
| Jun 20, 2023 | 8 | AFFIDAVIT of Service for Summons, Complaint and related papers served on Apotex Inc. on June 15, 2023, filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 06/20/2023) (10) |
| Jun 15, 2023 | 1 | COMPLAINT filed against Apotex Corp. and Apotex Inc. (Filing fee $ 402, receipt number ADEDC-4159395.) - filed by Merck Serono SA, Merck KGaA., and Ares Trading SA (Attachments: # 1 Exhibit A-D, # 2 Civil Cover Sheet) (mkr) (Entered: 06/15/2023) (Civil Cover Sheet) (1) |
| Jun 15, 2023 | 1 | COMPLAINT filed against Apotex Corp. and Apotex Inc. (Filing fee $ 402, receipt number ADEDC-4159395.) - filed by Merck Serono SA, Merck KGaA., and Ares Trading SA (Attachments: # 1 Exhibit A-D, # 2 Civil Cover Sheet) (mkr) (Entered: 06/15/2023) (Exhibit A-D) (30) |
| Jun 15, 2023 | 7 | SUMMONS Returned Executed by Merck Serono SA, Merck KGaA, Ares Trading SA.Apotex Corp. served on 6/15/2023, answer due 7/6/2023. (Tigan, Jeremy) (Entered: 06/15/2023) (2) |
| Jun 15, 2023 | 6 | Summonses Issued (please complete the top portion of the form and print out for use/service). (mkr) (Entered: 06/15/2023) (2) |
| Jun 15, 2023 | 5 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Merck KGaA for Ares Trading SA, Merck Serono SA filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (mkr) (Entered: 06/15/2023) (2) |
| Jun 15, 2023 | 4 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,713,947 B2; 8,377,903 B2; 10,849,919 B2. (mkr) (Entered: 06/15/2023) (1) |
| Jun 15, 2023 | 3 | Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: May 22, 2023. Date of Expiration of Patent: Patent No. 7,713,947 expires on October 16, 2026; Patent No. 8,377,903 expires on May 31, 2026; Patent No. 10,849,919 expires on November 23, 2038.Thirty Month Stay Deadline: 11/22/2025. (mkr) (Entered: 06/15/2023) (1) |
| Jun 15, 2023 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) (Entered: 06/15/2023) (3) |
| Jun 15, 2023 | 1 | COMPLAINT filed against Apotex Corp. and Apotex Inc. (Filing fee $ 402, receipt number ADEDC-4159395.) - filed by Merck Serono SA, Merck KGaA., and Ares Trading SA (Attachments: # 1 Exhibit A-D, # 2 Civil Cover Sheet) (mkr) (Entered: 06/15/2023) (Main Document) (12) |
