Case number 1:22-cv-01365
Merck KGaA et al v. Hopewell Pharma Ventures, Inc., et al. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 3, 2024 | 151 | STIPULATION TO EXTEND TIME for Plaintiffs to file their response to Defendants' Objections to Magistrate Judge Burke's Report and Recommendation Regarding Claim Construction (D.I. 146) to July 15, 2024 - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 07/03/2024) (2) |
| Jul 2, 2024 | 150 | Letter to The Honorable Gregory B. Williams from Lindsey M. Gellar regarding Standing Order for Objections Filed Under Fed. R. Civ. P. 72 - re 146 Objections,,. (Gellar, Lindsey) (Entered: 07/02/2024) (2) |
| Jul 1, 2024 | 147 | NOTICE OF SERVICE of the Opening Expert Report of Malcolm Howard Gottesman, MD, FACP on Invalidity Due to Anticipation, Obviousness and Lack of Written Description filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 07/01/2024) (2) |
| Jul 1, 2024 | 148 | NOTICE OF SERVICE of Opening Expert Report of Samuel Pleasure, M.D., Ph.D. filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 07/01/2024) (2) |
| Jul 1, 2024 | 149 | NOTICE OF SERVICE of Expert Report of Fred D. Lublin, M.D. filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 07/01/2024) (5) |
| Jun 27, 2024 | 146 | OBJECTIONS by Hopewell Pharma Ventures, Inc. to 141 REPORT AND RECOMMENDATIONS re 71 MOTION - Defendants' Motion for Claim Construction re 67 Joint Claim Construction Brief filed by Hopewell Pharma Ventures, Inc., 70 MOTION for Claim Construction re 67 Joint Claim Co [Defendants' Objections to Magistrate Judge Burke's Report and Recommendation Regarding Claim Construction (D.I. 141). (Attachments: # 1 Certificate of Compliance with Standing Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Gellar, Lindsey) (Entered: 06/27/2024) (0) |
| Jun 24, 2024 | 145 | REDACTED VERSION of 142 Letter,,, by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc.. (Attachments: # 1 Exhibit 17)(Delcollo, Renee) (Entered: 06/24/2024) (0) |
| Jun 17, 2024 | 144 | ORAL ORDER: The Court hereby ORDERS that a videoconference to hear argument on Defendants’ Motion to Strike ("Motion"), (D.I. 130 ), is set for August 26, 2024 at 3:30 p.m. before Judge Christopher J. Burke via the Microsoft Teams platform. By no later than August 16, 2024, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Grimes, indicating the names and e-mail addresses of all individuals who will participate in the hearing. The Court may choose to resolve the Motion prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 06/17/2024. (smg) (Entered: 06/17/2024) (0) |
| Jun 14, 2024 | 142 | [SEALED] Letter to The Honorable Christopher J. Burke from Renee Mosley Delcollo regarding Defendants Aurobindo's and Apotex's Reply Letter in Support of Their Motion to Strike Plaintiffs' Belated Supplemental Responses to Interrogatory Nos. 1, 2, and Validity Contentions which assert Priority Date based on a Purported Earlier Conception and to Preclude Plaintiffs From Asserting any Priority Date Based on Conception - re 130 MOTION to Strike Plaintiffs' Belated Supplemental Responses to Interrogatory Nos. 1, 2, and Validity Contentions Which Assert Priority Date Based on a Purported Earlier Conception and to Preclude Plaintiffs from Asserting any Priority Date B. (Attachments: # 1 Exhibit 17)(Delcollo, Renee) (Entered: 06/14/2024) (0) |
| Jun 14, 2024 | 143 | STIPULATION to Extend Certain Deadlines by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc.. (Delcollo, Renee) (Entered: 06/14/2024) (2) |
| Jun 13, 2024 | 140 | REDACTED VERSION of 138 Letter, by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Exhibits 1A-14)(Tigan, Jeremy) (Entered: 06/13/2024) (0) |
| Jun 13, 2024 | 141 | REPORT AND RECOMMENDATIONS Regarding Claim Construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due within fourteen (14) days. Signed by Judge Christopher J. Burke on 06/13/2024. (smg) (Entered: 06/13/2024) (18) |
| Jun 10, 2024 | 139 | NOTICE requesting Clerk to remove David Mlaver as co-counsel.. (Tigan, Jeremy) (Entered: 06/10/2024) (3) |
| Jun 6, 2024 | 137 | Official Transcript of Markman Hearing held on 1/30/24 before Judge Christopher Burke. 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 6/27/2024. Redacted Transcript Deadline set for 7/8/2024. Release of Transcript Restriction set for 9/4/2024. (Warner, Deanna) (Entered: 06/06/2024) (0) |
| Jun 6, 2024 | 138 | [SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Plaintiffs' Response to Defendants' Motion to Strike - re 130 MOTION to Strike Plaintiffs' Belated Supplemental Responses to Interrogatory Nos. 1, 2, and Validity Contentions Which Assert Priority Date Based on a Purported Earlier Conception and to Preclude Plaintiffs from Asserting any Priority Date B, 131 Letter,,,. (Attachments: # 1 Exhibits 1A-14)(Tigan, Jeremy) (Entered: 06/06/2024) (0) |
| May 31, 2024 | 136 | REDACTED VERSION of 131 Letter,,, by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc.. (Attachments: # 1 Appendix A, # 2 Exhibit 1(a), # 3 Exhibit 1(b), # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10(a), # 13 Exhibit 10(b), # 14 Exhibit 10(c), # 15 Exhibit 10(d), # 16 Exhibit 10(e), # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16)(Delcollo, Renee) (Entered: 05/31/2024) (0) |
| May 28, 2024 | 135 | NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 05/28/2024) (2) |
| May 24, 2024 | 132 | Interim STATUS REPORT by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 05/24/2024) (3) |
| May 24, 2024 | 133 | NOTICE OF SERVICE of Merck KGaA, Merck Serono SA, and Ares Trading SA's Final Infringement Contentions filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 05/24/2024) (5) |
| May 24, 2024 | 134 | STIPULATION TO EXTEND TIME for: (1) Plaintiffs to file their responsive letter to Defendants' Motion to Strike (D.I. 130) to June 6, 2024; and (2) Defendants to file their reply letter in support of their Motion to June 14, 2024 - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 05/24/2024) (2) |
| May 23, 2024 | 130 | MOTION to Strike Plaintiffs' Belated Supplemental Responses to Interrogatory Nos. 1, 2, and Validity Contentions Which Assert Priority Date Based on a Purported Earlier Conception and to Preclude Plaintiffs from Asserting any Priority Date Based on Conception - filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Delcollo, Renee) (Entered: 05/23/2024) (0) |
| May 23, 2024 | 131 | [SEALED] Letter to The Honorable Christopher J. Burke from Renee Mosley Delcollo regarding Defendants Aurobindo and Apotex's Motion to Strike - re 130 MOTION to Strike Plaintiffs' Belated Supplemental Responses to Interrogatory Nos. 1, 2, and Validity Contentions Which Assert Priority Date Based on a Purported Earlier Conception and to Preclude Plaintiffs from Asserting any Priority Date B. (Attachments: # 1 Appendix A, # 2 Exhibit 1(a), # 3 Exhibit 1(b), # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10(a), # 13 Exhibit 10(b), # 14 Exhibit 10(c), # 15 Exhibit 10(d), # 16 Exhibit 10(e), # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16)(Delcollo, Renee) (Entered: 05/23/2024) (0) |
| May 10, 2024 | 128 | NOTICE OF SERVICE of Defendant Hopewell Pharma Ventures, Inc.s Supplemental Responses and Objections to Plaintiffs First Set of Common Interrogatories (No. 3) filed by Hopewell Pharma Ventures, Inc..(Hoeschen, Nathan) (Entered: 05/10/2024) (2) |
| May 10, 2024 | 129 | NOTICE OF SERVICE of (1) Plaintiffs' Second Supplemental Responses and Objections to Defendants' First Set of Common Interrogatories to Plaintiffs (Nos. 1-12); (2) Plaintiffs' Supplemental Responses and Objections to Defendants' Second Set of Common Interrogatories to Plaintiffs (Nos. 13-17); and (3) First Amended Appendix A: Plaintiffs' Responsive Validity Contentions in Response to Defendants' Common Interrogatory Nos. 6 and 10 filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 05/10/2024) (5) |
| May 8, 2024 | 127 | STIPULATION and [Proposed] Order to Amend Scheduling Order Deadlines by Hopewell Pharma Ventures, Inc.. (Hoeschen, Nathan) (Entered: 05/08/2024) (3) |
| May 2, 2024 | 124 | NOTICE to Take Deposition of Cristina de Lima on May 8, 2024 filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 05/02/2024) (4) |
| May 2, 2024 | 125 | NOTICE to Take Deposition of Bhupesh Singh on May 8, 2024 filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 05/02/2024) (4) |
| May 2, 2024 | 126 | NOTICE to Take Deposition of Navin Vaya on May 10, 2024 filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 05/02/2024) (4) |
| May 1, 2024 | 122 | MOTION for Pro Hac Vice Appearance of Attorney Reid M. Whitaker - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 05/01/2024) (4) |
| May 1, 2024 | 123 | Pro Hac Vice Fee - Credit Card Payment received for Reid M. Whitaker. ( re 122 MOTION for Pro Hac Vice Appearance of Attorney Reid M. Whitaker )( Payment of $ 50, receipt number ADEDC-4397479).(Tigan, Jeremy) (Entered: 05/01/2024) (0) |
| Apr 29, 2024 | 121 | Letter to Hon. Christopher J. Burke from Nathan Hoeschen regarding Judicial Resolution of Daubert Motions - re D.I. 117 Oral Order.(Hoeschen, Nathan) Modified on 5/1/2024 (smg). (Entered: 04/29/2024) (1) |
| Apr 26, 2024 | 120 | NOTICE OF SERVICE of (1) Apotex's Supplemental 26(a)(1) Disclosures; (2) Apotex's Supplemental Paragraph 3 Disclosures and; (3) Apotex's Supplemental Objections and Responses to Plaintiffs' Supplemented First Set of Common Interrogatories (Nos. 1-10) filed by Apotex Corp., Apotex Inc..(Dorsney, Kenneth) (Entered: 04/26/2024) (2) |
| Apr 24, 2024 | 118 | MOTION for Pro Hac Vice Appearance of Attorney H. Rachael Million-Perez - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 04/24/2024) (5) |
| Apr 24, 2024 | 119 | Pro Hac Vice Fee - Credit Card Payment received for H. Rachael Million-Perez. ( re 118 MOTION for Pro Hac Vice Appearance of Attorney H. Rachael Million-Perez )( Payment of $ 50, receipt number ADEDC-4391844).(Tigan, Jeremy) (Entered: 04/24/2024) (0) |
| Apr 22, 2024 | 117 | ORAL ORDER: The Court has consulted with the District Judge regarding the parties' stipulation requesting to amend certain case deadlines, (D.I. 116 ), and pursuant to that discussion, hereby ORDERS as follows: (1) Each side may file no more than two Daubert motions per side (for a total of no more than 20 pages of opening briefing per side).; (2) If Judge Williams is to resolve Daubert motions, the pre-trial conference will be rescheduled for January 22, 2025 at 3:00 p.m. in Courtroom 6B before Judge Williams, and the trial will be rescheduled to begin on January 27, 2025 at 9:30 a.m. in Courtroom 6B before Judge Williams.; and (3) Alternatively, if the parties jointly consent to Judge Burke to resolve Daubert motions, the pre-trial conference and trial dates will remain as currently scheduled, and Judge Burke will resolve the motions prior to the pre-trial conference. By no later than seven (7) days from today's date, the parties shall meet and confer and submit a letter of no more than one (1) single-spaced page indicating whether they would jointly agree to consent to Judge Burke to resolve Daubert motions filed in this case. Ordered by Judge Christopher J. Burke on 04/22/2024. (smg) (Entered: 04/22/2024) (0) |
| Apr 19, 2024 | 116 | Second STIPULATION and [Proposed] Order to Amend Scheduling Order Deadlines re SO ORDERED,,, Set Scheduling Order Deadlines,, by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 04/19/2024) (2) |
| Apr 16, 2024 | 114 | NOTICE to Take Deposition of Blessy Johns on April 19, 2024 filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 04/16/2024) (4) |
| Apr 16, 2024 | 115 | NOTICE to Take Deposition of Johnathan Embleton on April 23, 2024 filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 04/16/2024) (4) |
| Apr 12, 2024 | 112 | MOTION for Pro Hac Vice Appearance of Attorney Thomas Gabriel - filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc.. (Attachments: # 1 Certification of Thomas Gabriel)Motions referred to Christopher J. Burke.(Schladweiler, Benjamin) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 113 | Pro Hac Vice Fee - Credit Card Payment received for Thomas Gabriel, Esq.. ( re 112 MOTION for Pro Hac Vice Appearance of Attorney Thomas Gabriel )( Payment of $ 50, receipt number ADEDC-4383939).(Schladweiler, Benjamin) (Entered: 04/12/2024) (0) |
| Apr 11, 2024 | 111 | NOTICE OF SERVICE of Appendix A: Plaintiffs' Responsive Validity Contentions in Response to Defendants' Common Interrogatory Nos. 6 and 10 filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 04/11/2024) (5) |
| Apr 8, 2024 | 109 | AFFIDAVIT of Service filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc.. (Attachments: # 1 Affidavit of Service)(Schladweiler, Benjamin) (Entered: 04/08/2024) (0) |
| Apr 8, 2024 | 110 | NOTICE OF SERVICE of Defendant Hopewell Pharma Ventures, Inc.'s Supplemental Responses and Objections to Plaintiffs' First Set of Common Interrogatories (No. 2, 7) filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 04/08/2024) (2) |
| Apr 4, 2024 | 108 | NOTICE OF SERVICE of Plaintiffs' Supplemental Responses and Objections to Defendants' First Set of Common Interrogatories to Plaintiffs (Nos. 1-12) filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 04/04/2024) (5) |
| Apr 3, 2024 | 106 | MOTION for Pro Hac Vice Appearance of Attorney Asher S. McGuffin - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 04/03/2024) (4) |
| Apr 3, 2024 | 107 | Pro Hac Vice Fee - Credit Card Payment received for Asher S. McGuffin. ( re 106 MOTION for Pro Hac Vice Appearance of Attorney Asher S. McGuffin )( Payment of $ 50, receipt number ADEDC-4376722).(Tigan, Jeremy) (Entered: 04/03/2024) (0) |
| Mar 25, 2024 | 105 | NOTICE of Subpoenas directed to Stephen G. Marcus, M.D. by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc. (Delcollo, Renee) (Entered: 03/25/2024) (1) |
| Mar 8, 2024 | 104 | NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Second Set of Common Interrogatories to Plaintiffs (Nos. 13-17) filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 03/08/2024) (5) |
| Mar 7, 2024 | 100 | STIPULATION and [Proposed] Order to Amend Scheduling Order Deadlines re 20 Scheduling Order,, by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 03/07/2024) (2) |
| Mar 7, 2024 | 101 | NOTICE OF SERVICE of (1) Apotex's response to Merck's Second Set of Common Interrogatories (No. 11); and (2) Apotex's response to Merck's Second Set of Requests for Production (Nos. 37-38) filed by Apotex Corp., Apotex Inc..(Dorsney, Kenneth) (Entered: 03/07/2024) (3) |
| Mar 7, 2024 | 102 | NOTICE OF SERVICE of (1) Aurobindo's Objections and Responses to Plaintiffs' Second Set of Interrogatories to Aurobindo and Apotex (No. 11) and (2) Aurobindo's Objections and Responses to Plaintiffs' Second Set of Requests for the Production of Documents and Things to Aurobindo and Apotex (Nos. 37-38) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 03/07/2024) (2) |
| Mar 7, 2024 | 103 | NOTICE OF SERVICE of 1. Defendant Hopewell Phama Ventures, Inc.'s Responses and Objections to Plaintiffs' Second Set of Interrogatories (No. 11) 2. Defendant Hopewell Pharma Ventures, Inc.'s Responses and Objections to Plaintiffs' Second Set of Requests for the Production of Documents and Things (No. 37) filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 03/07/2024) (2) |
| Mar 4, 2024 | 99 | NOTICE OF SERVICE of Defendant Hopewell Phama Ventures, Inc.'s Responses and Objections to Plaintiffs' Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 03/04/2024) (2) |
| Mar 1, 2024 | 98 | NOTICE OF SERVICE of Defendants Aurobindo Pharma USA, Inc. and Aurobindo Pharma Limited's Objections and Responses to Plaintiffs' Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 03/01/2024) (2) |
| Feb 29, 2024 | 96 | NOTICE OF SERVICE of Apotex's Objections and Responses to Plaintiffs' Notice of 30(b)(6) Deposition filed by Apotex Corp., Apotex Inc..(Dorsney, Kenneth) (Entered: 02/29/2024) (3) |
| Feb 29, 2024 | 97 | NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants' Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 02/29/2024) (5) |
| Feb 27, 2024 | 95 | NOTICE OF SERVICE of Defendants Aurobindo Pharma USA, Inc. and Aurobindo Pharma Limited's Supplemental Responses to Plaintiffs' First Set of Common Interrogatories (Nos. 8 and 10) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 02/27/2024) (2) |
| Feb 20, 2024 | 94 | NOTICE OF SERVICE of Hopewell Pharma Ventures, Inc.'s First Supplemental Responses and Objections to Plaintiffs' First Set of Common Interrogatories (Nos. 1, 8, 10) filed by Hopewell Pharma Ventures, Inc..(Hoeschen, Nathan) (Entered: 02/20/2024) (2) |
| Feb 9, 2024 | 91 | NOTICE OF SERVICE of Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 02/09/2024) (3) |
| Feb 9, 2024 | 92 | NOTICE OF SERVICE of Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 02/09/2024) (3) |
| Feb 9, 2024 | 93 | NOTICE OF SERVICE of Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 02/09/2024) (3) |
| Feb 8, 2024 | 90 | NOTICE OF SERVICE of (1) Defendants' Notice of Deposition of Nicholas Bodor; (2) Defendants' Notice of Deposition of Yogesh Dandiker; (3) Defendants' Notice of Deposition of Alain Munafo; (4) Defendants' Notice of Deposition of Arthur Roach; (5) Defendants' Notice of Deposition of Andrew Galazka; (6) Defendants' Notice of Deposition of Christos Andriopoulos; (7) Defendants' Notice of Deposition of Arnaud Ythier; (8) Defendants' Notice of Deposition of Giampiero De Luca; (9) Defendants' Notice of Deposition of Gordon Francis; (10) Defendants' Notice of Deposition of Ali-Frederic Ben-Amor; (11) Defendants' Notice of Deposition of Maria Lopes-Bresnahan; (12) Defendants' Notice of 30(b)(6) Deposition to Plaintiffs' and ; (13) Defendants' Notice of Deposition of Bodo Hammes filed by Apotex Corp., Apotex Inc..(Hitch, Cortlan) (Entered: 02/08/2024) (4) |
| Feb 7, 2024 | 89 | NOTICE OF SERVICE of Defendants' Second Set of Common Interrogatories to Plaintiffs (Nos. 13-17) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 02/07/2024) (2) |
| Feb 6, 2024 | 87 | NOTICE OF SERVICE of (1) Plaintiffs' Second Set of Interrogatories to Aurobindo and Apotex; and (2) Plaintiffs' Second Set of Requests for the Production of Documents and Things to Aurobindo and Apotex filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 02/06/2024) (4) |
| Feb 6, 2024 | 88 | NOTICE OF SERVICE of (1) Plaintiffs' Second Set of Interrogatories to Hopewell; and (2) Plaintiffs' Second Set of Requests for the Production of Documents and Things to Hopewell filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 02/06/2024) (3) |
| Jan 26, 2024 | 85 | MOTION for Pro Hac Vice Appearance of Attorney Ian Scott - filed by Apotex Corp., Apotex Inc.. Motions referred to Christopher J. Burke.(Dorsney, Kenneth) (Entered: 01/26/2024) (2) |
| Jan 26, 2024 | 86 | Pro Hac Vice Fee - Credit Card Payment received for Ian Scott. ( re 85 MOTION for Pro Hac Vice Appearance of Attorney Ian Scott )( Payment of $ 50, receipt number ADEDC-4323306).(Dorsney, Kenneth) (Entered: 01/26/2024) (0) |
| Jan 24, 2024 | 83 | MOTION for Pro Hac Vice Appearance of Attorney Mary Pheng and Phillip R. Takhar - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 01/24/2024) (6) |
| Jan 24, 2024 | 84 | Pro Hac Vice Fee - Credit Card Payment received for Mary Pheng and Phillip R. Takhar. ( re 83 MOTION for Pro Hac Vice Appearance of Attorney Mary Pheng and Phillip R. Takhar )( Payment of $ 100, receipt number ADEDC-4321724).(Tigan, Jeremy) (Entered: 01/24/2024) (0) |
| Jan 23, 2024 | 81 | MOTION for Pro Hac Vice Appearance of Attorney Catharina J. Chin Eng - filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc.. (Attachments: # 1 Certification of Catharina J. Chin Eng)Motions referred to Christopher J. Burke.(Schladweiler, Benjamin) (Entered: 01/23/2024) (0) |
| Jan 23, 2024 | 82 | Pro Hac Vice Fee - Credit Card Payment received for Catharina J. Chin Eng. ( re 81 MOTION for Pro Hac Vice Appearance of Attorney Catharina J. Chin Eng )( Payment of $ 50, receipt number ADEDC-4320709).(Schladweiler, Benjamin) (Entered: 01/23/2024) (0) |
| Jan 16, 2024 | 79 | Joint Letter to The Honorable Christopher J. Burke regarding Response to the Court's January 5, 2024 Oral Order - re 77 Oral Order,,,,,. (Tigan, Jeremy) (Entered: 01/16/2024) (2) |
| Jan 16, 2024 | 80 | CLAIM Construction Chart by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 01/16/2024) (15) |
| Jan 10, 2024 | 78 | NOTICE OF SERVICE of (1) Apotex's Responses to Plaintiffs' Supplemented First Set of Common Interrogatories (Nos. 1-10); and (2) Apotex's Responses to Plaintiffs' Supplemented First Set of Common Requests for Production (Nos. 1-36) filed by Apotex Corp., Apotex Inc..(Hitch, Cortlan) (Entered: 01/10/2024) (2) |
| Jan 5, 2024 | 77 | ORAL ORDER: The Court, having reviewed the parties' Joint Claim Construction Brief, (D.I. 67), and January 2, 2024 letter, (D.I. 72), hereby orders as follows: (1) By no later than January 16, 2024, the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the parties' claim construction briefing. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart.; and (2) With respect to the upcoming Markman hearing, the Court will ADOPT the parties' proposal with respect to the length of argument. The Markman hearing will go forward as an in person hearing in Courtroom 2A on January 30, 2024, unless prior to January 20, 2024, both sides jointly advise the Court that they wish to have the hearing be held via videoconference. Ordered by Judge Christopher J. Burke on 1/5/2024. (dlb) (Entered: 01/05/2024) (0) |
| Jan 4, 2024 | 75 | MULTI MEDIA DOCUMENT filed by Ares Trading SA, Merck KGaA, Merck Serono SA in the form of a thumb drive. Filing related to 66 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 01/04/2024) (0) |
| Jan 4, 2024 | 76 | MULTI MEDIA DOCUMENT filed by Apotex Corp., Apotex Inc., Aurobindo Pharma Limited, Aurobindo Pharma USA Inc., Hopewell Pharma Ventures, Inc. in the form of a thumb drive. Filing related to 65 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 01/04/2024) (0) |
| Jan 3, 2024 | 73 | REDACTED VERSION of 68 Appendix by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Exhibits A-B, # 2 Exhibit C (part 1), # 3 Exhibit C (part 2))(Tigan, Jeremy) (Entered: 01/03/2024) (0) |
| Jan 3, 2024 | 74 | REDACTED VERSION of 69 Appendix by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Exhibits D-J)(Tigan, Jeremy) (Entered: 01/03/2024) (0) |
| Jan 2, 2024 | 72 | Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding January 30, 2024 Claim Construction Hearing. (Tigan, Jeremy) (Entered: 01/02/2024) (1) |
| Dec 27, 2023 | 65 | NOTICE of filing the following Non-Paper material(s) in multi media format: Defendants' Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Nathan Roger Hoeschen on behalf of Hopewell Pharma Ventures, Inc. (Hoeschen, Nathan) (Entered: 12/27/2023) (1) |
| Dec 27, 2023 | 66 | NOTICE of filing the following Non-Paper material(s) in multi media format: Plaintiffs' Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Jeremy A. Tigan on behalf of Ares Trading SA, Merck KGaA, Merck Serono SA (Tigan, Jeremy) (Entered: 12/27/2023) (3) |
| Dec 27, 2023 | 67 | JOINT CLAIM CONSTRUCTION BRIEF - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 12/27/2023) (30) |
| Dec 27, 2023 | 68 | [SEALED] APPENDIX re 67 Joint Claim Construction Brief -- Volume 1 of 2 -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Exs. A-B, # 2 Ex. C (Part 1), # 3 Ex. C (Part 2))(Tigan, Jeremy) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | 69 | [SEALED] APPENDIX re 67 Joint Claim Construction Brief -- Volume 2 of 2 -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Exs. D-J)(Tigan, Jeremy) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | 70 | MOTION for Claim Construction re 67 Joint Claim Construction Brief - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 12/27/2023) (3) |
| Dec 27, 2023 | 71 | MOTION - Defendants' Motion for Claim Construction re 67 Joint Claim Construction Brief - filed by Hopewell Pharma Ventures, Inc.. Motions referred to Christopher J. Burke.(Hoeschen, Nathan) (Entered: 12/27/2023) (2) |
| Dec 22, 2023 | 64 | STIPULATION of Dismissal Relating to Aurobindo and the '919 Patent by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 12/22/2023) (3) |
| Dec 20, 2023 | 62 | Joint STIPULATION TO EXTEND TIME for the parties to file the Joint Claim Construction Brief and Technology Tutorial to December 27, 2023 - filed by Hopewell Pharma Ventures, Inc.. (Hoeschen, Nathan) (Entered: 12/20/2023) (2) |
| Dec 20, 2023 | 63 | ORAL ORDER: The Court hereby ORDERS that on the date that the joint claim construction brief is due, each party shall file a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ])." Ordered by Judge Christopher J. Burke on 12/20/2023. (dlb) (Entered: 12/20/2023) (0) |
| Dec 15, 2023 | 61 | NOTICE OF SERVICE of Defendants' Sur-Reply Claim Construction Brief filed by Hopewell Pharma Ventures, Inc..(Hoeschen, Nathan) (Entered: 12/15/2023) (2) |
| Dec 8, 2023 | 60 | NOTICE OF SERVICE of Apotex's Inital Invalidity Conentions and Related Prior Art filed by Apotex Corp., Apotex Inc..(Hitch, Cortlan) (Entered: 12/08/2023) (2) |
| Dec 5, 2023 | 57 | NOTICE OF SERVICE of (1) Apotex's Rule 26(a)(1) Initial Disclosures; and (2) Apotex's Paragraph 3 Disclosures filed by Apotex Corp., Apotex Inc..(Dorsney, Kenneth) (Entered: 12/05/2023) (2) |
| Dec 5, 2023 | 58 | NOTICE OF SERVICE of Plaintiffs' Amended Rule 26(a) Initial Disclosures filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 12/05/2023) (5) |
| Dec 5, 2023 | 59 | NOTICE OF SERVICE of (1) Plaintiffs' First Set of Common Interrogatories; (2) Plaintiffs' First Set of Common Requests for the Production of Documents and Things; (3) Supplement to Plaintiffs' First Set of Common Interrogatories and Common Requests for the Production of Documents and Things; (4) Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery; and (5) Plaintiffs' Initial Disclosures Pursuant to Paragraph 4a of the Default Standard for Discovery filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 12/05/2023) (3) |
| Nov 30, 2023 | 56 | STIPULATION -- Stipulation and Order to Consolidate -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 11/30/2023) (4) |
| Nov 21, 2023 | 55 | NOTICE OF SERVICE of Plaintiffs' Reply Claim Construction Brief filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 11/21/2023) (4) |
| Oct 31, 2023 | 53 | Joint Letter to The Honorable Christopher J. Burke regarding response to the October 24, 2023 Oral Order - re (26 in 1:22-cv-00974-GBW-CJB, 51 in 1:22-cv-01365-GBW-CJB) Oral Order,,. (Tigan, Jeremy) (Entered: 10/31/2023) (1) |
| Oct 31, 2023 | 54 | ORAL ORDER: The Court, having reviewed the case history in light of the October 23, 2023 referral, (D.I. 25), hereby ORDERS that the procedures for resolving a discovery dispute in this case going forward shall be as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery matter, the parties involved in the discovery matter dispute shall submit a joint letter with the text set out in the Courts standard Rule 16 Scheduling Order for Non-Patent cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. The moving party (i.e., the party seeking relief from the Court) should also file a Motion For Videoconference To Resolve Discovery Dispute. The suggested text for this motion can be found in the same Forms tab, under the heading Discovery Matters -- Motion to Resolve Discovery Dispute. The Court will thereafter set a discovery videoconference. Ordered by Judge Christopher J. Burke on 10/31/2023. (dlb) (Entered: 10/31/2023) (0) |
| Oct 27, 2023 | 52 | NOTICE OF SERVICE of Defendants' Answering Claim Construction Brief filed by Hopewell Pharma Ventures, Inc..(Hoeschen, Nathan) (Entered: 10/27/2023) (2) |
| Oct 24, 2023 | 51 | ORAL ORDER: By no later than seven days from today's date, the parties shall meet and confer and submit a letter of no more than one (1) single-spaced page indicating whether they would jointly agree to consent to Judge Burke's jurisdiction to conduct all proceedings in this case. To the extent the parties consent, the Court will work with them to ensure that it provides a final post-trial decision in a time frame that is acceptable to all parties. Ordered by Judge Christopher J. Burke on 10/24/2023. Associated Cases: 1:22-cv-00974-GBW-CJB, 1:22-cv-01365-GBW-CJB, 1:23-cv-00039-GBW-CJB(dlb) (Entered: 10/24/2023) (0) |
| Oct 23, 2023 | 50 | 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 10/23/23. Associated Cases: 1:22-cv-00974-GBW, 1:22-cv-01365-GBW, 1:23-cv-00039-GBW (ntl) (Entered: 10/23/2023) (0) |
| Sep 29, 2023 | 49 | NOTICE OF SERVICE of Plaintiffs' Opening Claim Construction Brief filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 09/29/2023) (4) |
| Sep 20, 2023 | 48 | NOTICE OF SERVICE of (1) Plaintiffs' Responses and Objections to Defendants' First Set of Common Interrogatories to Plaintiffs (Nos. 1-12) and (2) Plaintiffs' Responses and Objections to Defendants' First Set of Requests for the Production of Documents and Things (Nos. 1-120) filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 09/20/2023) (4) |
| Sep 8, 2023 | 43 | NOTICE OF SERVICE of 1) Defendant Hopewell Pharma Ventures, Inc.'s Responses and Objections to Plaintiffs' First Set of Common Interrogatories (Nos. 1-10); and 2) Defendant Hopewell Pharma Ventures, Inc.'s Responses and Objections to Plaintiffs' First Set of Common Requests for Production of Documents and Things (Nos. 1-36) filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 09/08/2023) (2) |
| Sep 8, 2023 | 44 | NOTICE OF SERVICE of (1) Aurobindo's Objections and Responses to Plaintiffs' First Set of Common Requests for the Production of Documents and Things, and (2) Aurobindo's Objections and Responses to Plaintiffs' First Set of Common Interrogatories (Nos. 1-10) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Schladweiler, Benjamin) (Entered: 09/08/2023) (2) |
| Sep 8, 2023 | 45 | CLAIM Construction Chart by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 09/08/2023) (16) |
| Sep 8, 2023 | 46 | EXHIBIT re 45 Claim Construction Chart -- Volume 1 of 2 -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (Part 1 of 2))(Tigan, Jeremy) (Entered: 09/08/2023) (0) |
| Sep 8, 2023 | 47 | EXHIBIT re 46 Exhibit to a Document, 45 Claim Construction Chart -- Volume 2 of 2 -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Exhibit 3 (Part 2 of 2), # 2 Exhibit 4, # 3 Exhibit 5)(Tigan, Jeremy) (Entered: 09/08/2023) (0) |
| Aug 25, 2023 | 40 | PROPOSED ORDER -- Stipulated Protective Order -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 08/25/2023) (28) |
| Aug 25, 2023 | 41 | NOTICE OF SERVICE of Defendants' Proposed Constructions for Plaintiffs' Identified Claim Terms filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 08/25/2023) (2) |
| Aug 25, 2023 | 42 | NOTICE OF SERVICE of Plaintiffs' Response to Exchanged Claims Terms and Constructions filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 08/25/2023) (4) |
| Aug 23, 2023 | 39 | NOTICE OF SERVICE of Defendants' Supplemental Initial Invalidity Contentions filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 08/23/2023) (2) |
| Aug 18, 2023 | 38 | SO ORDERED, re 37 STIPULATION of Dismissal and [Proposed] Order (Joint Between Plaintiffs and Defendant Hopewell Pharma Ventures, Inc. re '919 patent) filed by Ares Trading SA, Merck Serono SA, Merck KGaA. Signed by Judge Gregory B. Williams on 8/18/23. (ntl) (Entered: 08/18/2023) (3) |
| Aug 17, 2023 | 37 | STIPULATION of Dismissal and [Proposed] Order (Joint Between Plaintiffs and Defendant Hopewell Pharma Ventures, Inc.) by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 08/17/2023) (3) |
| Aug 16, 2023 | 36 | ORAL ORDER: Having reviewed the letter request for a discovery teleconference (D.I. 26) and the associated letter briefing and exhibits (D.I. 26-1; D.I. 29; D.I. 31; D.I. 34), IT IS HEREBY ORDERED as follows: (1) the Court adopts Plaintiffs Merck KGaA, Merck Serono SA, and Ares Trading SA (collectively, "Merck" or "Plaintiffs") proposal in paragraph 7.2 of the Stipulated Protective Order (D.I. 26-1). The Court is persuaded in the circumstances of this case that one in-house designee may have access to documents designated as "Outside Attorneys' Eyes Only Information." "A party has a strong interest in choosing counsel to represent it, and that counsel generally has a right to access all materials in the case including those produced confidentially during discovery." Evertz Microsystems Ltd. v. Lawo Inc., C.A. No. 19-302-MN-JLH, 2019 WL 5864173, at *2 (D. Del. Nov. 8, 2019). "This general rule is not without limitations, and counsel's access to confidential information may be denied or limited when there is a high risk of inadvertent disclosure." Id. "When conducting this inquiry, courts should not solely focus on whether counsel is in house or retained. Rather, the critical question is whether counsel is in a position that creates a high risk of inadvertent disclosure.'" Id. (citation omitted). "When analyzing the risk of inadvertent disclosure, courts consider whether counsel is involved in competitive decisionmaking.'" Id. (quoting British Telecomms. PLC v. IAC/InterActiveCorp., 330 F.R.D. 387, 390-91 (D. Del. 2019)). The Court finds that Dr. Willem de Weerd (Merck's in-house designee) is not involved in competitive decision making. Dr. Willem de Weerd is not involved in decision making related to (1) pricing and (2) product designs related to cladribine. D.I. 34 para. 4-5. He also does "not have decision making authority related to settlement or licensing decisions." Id. para. 6. Thus, the risk of inadvertent disclosure and improper use of Defendants Hopewell Pharma Ventures, Inc.'s, Aurobindo Pharma USA, Inc.'s, and Aurobindo Pharma Limited's (collectively, "Defendants") confidential information resulting from Dr. Willem de Weerd's access to that information is low. Lastly, in view of the record before the Court, the Court agrees with Merck that the need for Dr. Willem de Weerd to have access to "Outside Attorneys' Eyes Only Information" designated documents outweighs the minimal risk of inadvertent disclosure. (2) In light of the Court's ruling, the parties shall meet and confer regarding whether Section XV should be included in the Stipulated Protective Order (D.I. 26-1). (3) By no later than August 25, 2023, the parties shall submit a proposed protective order reflecting the rulings herein. ORDERED by Judge Gregory B. Williams on 8/16/23. (ntl) (Entered: 08/16/2023) (0) |
| Aug 14, 2023 | 34 | DECLARATION re 31 Letter -- Declaration of Willem de Weerd, Ph.D. -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 08/14/2023) (2) |
| Aug 14, 2023 | 35 | NOTICE OF SERVICE of 1. Defendants' First Set of Common Interrogatories to Plaintiffs (Nos. 1-12), and 2. Defendants' First Set of Requests for Production of Documents and Things to Plaintiffs (Nos. 1-120) filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc., Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 08/14/2023) (2) |
| Aug 11, 2023 | 30 | NOTICE OF SERVICE of (1) Plaintiffs' First Set of Common Interrogatories, and (2) Plaintiffs' First Set of Common Requests for the Production of Documents and Things filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 08/11/2023) (4) |
| Aug 11, 2023 | 31 | Letter to The Honorable Gregory B. Williams from Jeremy A. Tigan regarding Response to Protective Order Dispute Letter - re 29 Letter. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C)(Tigan, Jeremy) (Entered: 08/11/2023) (0) |
| Aug 11, 2023 | 32 | NOTICE OF SERVICE of Plaintiffs' Identification of Terms for Construction and Identification of Proposed Constructions for Said Terms filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 08/11/2023) (4) |
| Aug 11, 2023 | 33 | NOTICE OF SERVICE of Defendants' Claim Construction Identification filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc., Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 08/11/2023) (2) |
| Aug 9, 2023 | 29 | Letter to The Honorable Gregory B. Williams from Nathan R. Hoeschen regarding Protective Order Dispute - re 27 Order,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hoeschen, Nathan) (Entered: 08/09/2023) (0) |
| Aug 4, 2023 | 28 | NOTICE of Change of Address of Sterne, Kessler, Goldstein & Fox, P.L.L.C. by Hopewell Pharma Ventures, Inc. (DiBenedetto, Emily) (Entered: 08/04/2023) (2) |
| Jul 28, 2023 | 27 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 26), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Wednesday, August 9, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than 5:00 p.m. on Friday, August 11, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 7/28/23. (ntl) (Entered: 07/28/2023) (0) |
| Jul 27, 2023 | 26 | Joint Letter to The Honorable Gregory B. Williams regarding Request for Discovery Teleconference. (Attachments: # 1 [Proposed] Stipulated Protective Order)(Tigan, Jeremy) (Entered: 07/27/2023) (0) |
| Jul 20, 2023 | 25 | STIPULATION TO EXTEND TIME for the parties to submit a proposed Protective Order to July 27, 2023 - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 07/20/2023) (2) |
| Jul 17, 2023 | 21 | NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 07/17/2023) (2) |
| Jul 17, 2023 | 22 | NOTICE OF SERVICE of (1) Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery and (2) Plaintiffs' Rule 26(a) Initial Disclosures filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 07/17/2023) (4) |
| Jul 17, 2023 | 23 | NOTICE OF SERVICE of 1. Hopewell Pharma Ventures, Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery 2. Hopewell Pharma Ventures, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Hopewell Pharma Ventures, Inc..(Keller, Karen) (Entered: 07/17/2023) (2) |
| Jul 17, 2023 | 24 | NOTICE OF SERVICE of Defendants Aurobindo Pharma U.S.A., Inc. and Aurobindo Pharma Limited's Initial Disclosures and Paragraph 3 Disclosures filed by Aurobindo Pharma Limited, Aurobindo Pharma USA Inc..(Delcollo, Renee) (Entered: 07/17/2023) (2) |
| Jul 10, 2023 | 20 | SCHEDULING ORDER: Case nos. 22-1365-GBW and 23-39-GBW are consolidated for all purposes, including trial. Fact Discovery completed by 3/8/2024. Status Report due by 4/26/2024. Joint Claim Construction Brief due by 12/22/2023. A Markman Hearing is set for 1/30/2024 at 01:00 PM in Courtroom 6B before Judge Gregory B. Williams. A Final Pretrial Conference is set for 1/7/2025 at 01:00 PM in Courtroom 6B before Judge Gregory B. Williams. A 5-day Bench Trial is set for 1/13/2025 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Signed by Judge Gregory B. Williams on 7/10/23. (ntl) (Entered: 07/10/2023) (14) |
| Jun 16, 2023 | 19 | 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: 06/16/2023) (3) |
| Jun 2, 2023 | 18 | Joint PROPOSED ORDER -- Agreement Regarding Discovery of Electronically Stored Information and [Proposed] Order -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 06/02/2023) (22) |
| May 18, 2023 | 17 | STIPULATION TO EXTEND TIME for the parties to file a Proposed Order Governing Electronic Discovery to June 2, 2023 - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 05/18/2023) (2) |
| May 5, 2023 | 16 | NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Paragraph 4(a) of the Default Standard for Discovery filed by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 05/05/2023) (3) |
| May 2, 2023 | 15 | Joint PROPOSED ORDER -- [Proposed] Scheduling Order -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Cover Letter to The Honorable Gregory B. Williams)(Tigan, Jeremy) (Entered: 05/02/2023) (Main Document) (14) |
| May 2, 2023 | 15 | Joint PROPOSED ORDER -- [Proposed] Scheduling Order -- by Ares Trading SA, Merck KGaA, Merck Serono SA. (Attachments: # 1 Cover Letter to The Honorable Gregory B. Williams)(Tigan, Jeremy) (Entered: 05/02/2023) (Cover Letter to The Honorable Gregory B. Williams) (1) |
| Jan 19, 2023 | 14 | MOTION for Pro Hac Vice Appearance of Attorney J.C. Rozendaal, Chandrika Vira and Christina Dashe - filed by Hopewell Pharma Ventures, Inc.. (Hoeschen, Nathan) (Entered: 01/19/2023) (5) |
| Jan 12, 2023 | 13 | ANSWER to 9 Answer to Complaint,, Counterclaim, and Affirmative Defense by Ares Trading SA, Merck KGaA, Merck Serono SA.(Tigan, Jeremy) (Entered: 01/12/2023) (15) |
| Dec 20, 2022 | 12 | MOTION for Pro Hac Vice Appearance of Attorney David B. Bassett, Gillian T. Farrell, Vinita Ferrera, Emily R. Whelan, Deric X. Geng and David Mlaver - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 12/20/2022) (9) |
| Dec 19, 2022 | 11 | STIPULATION TO EXTEND TIME for Plaintiffs to file a response to Defendant's counterclaims to January 12, 2023 - filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (Tigan, Jeremy) (Entered: 12/19/2022) (2) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Main Document) (25) |
| Dec 12, 2022 | 10 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Hopewell Pharma Ventures LLC for Hopewell Pharma Ventures, Inc. filed by Hopewell Pharma Ventures, Inc.. (Hoeschen, Nathan) (Entered: 12/12/2022) (2) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit A) (9) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit B) (3) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit C) (12) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit D) (4) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit E) (21) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit F) (10) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit G) (4) |
| Dec 12, 2022 | 9 | ANSWER to 1 Complaint Affirmative Defenses, COUNTERCLAIM against Ares Trading SA, Merck KGaA, Merck Serono SA by Hopewell Pharma Ventures, Inc.. (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)(Hoeschen, Nathan) (Entered: 12/12/2022) (Exhibit H) (3) |
| Nov 4, 2022 | 8 | STIPULATION TO EXTEND TIME to move, plead, or otherwise respond to the Complaint to December 12, 2022 - filed by Hopewell Pharma Ventures, Inc.. (Keller, Karen) (Entered: 11/04/2022) (1) |
| Oct 20, 2022 | 7 | SUMMONS Returned Executed by Merck Serono SA, Merck KGaA, Ares Trading SA.Hopewell Pharma Ventures, Inc. served on 10/19/2022, answer due 11/9/2022. (Tigan, Jeremy) (Entered: 10/20/2022) (2) |
| Oct 17, 2022 | 1 | Complaint* (1) |
| Oct 17, 2022 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) (Entered: 10/17/2022) (3) |
| Oct 17, 2022 | 3 | Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 09/14/2022. Date of Expiration of Patent: See Attached.Thirty Month Stay Deadline: 3/14/2025. (mpb) (Entered: 10/17/2022) (1) |
| Oct 17, 2022 | 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. (mpb) (Entered: 10/17/2022) (1) |
| Oct 17, 2022 | 5 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Merck KGaA for Ares Trading SA and Merck Serono SA filed by Ares Trading SA, Merck KGaA, Merck Serono SA. (mpb) (Entered: 10/17/2022) (2) |
| Oct 17, 2022 | 6 | Summons Issued as to Hopewell Pharma Ventures, Inc. on 10/17/2022. (mpb) (Entered: 10/17/2022) (2) |
