Case number 1:19-cv-02103
The United States of America v. Gilead Sciences, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 5, 2024 | 505 | Notice of Appeal* (1) |
| Sep 8, 2023 | 494 | NOTICE of Withdrawal of Appearance of Patrick C. Holvey by The United States of America (Brown, Walter) (Entered: 09/08/2023) (3) |
| Jul 19, 2023 | 493 | Letter to The Honorable Maryellen Noreika from United States regarding Replacement of redacted documents - re 407 Oral Order,, Motion Hearing,. (Anis, Shamoor) (Entered: 07/19/2023) (1) |
| Jul 10, 2023 | 491 | Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding enclosing two identical flash drives containing hyperlinked versions of Gilead's Opposition to Government's Motion for Judgment as a Matter of Law and for a New Trial (D.I. 489). (Cottrell, Frederick) (Entered: 07/10/2023) (1) |
| Jul 10, 2023 | 492 | REQUEST for Oral Argument by The United States of America re 487 MOTION for Judgment as a Matter of Law and Rule 59 Motion. (Brown, Walter) (Entered: 07/10/2023) (2) |
| Jul 3, 2023 | 490 | REPLY BRIEF re 487 MOTION for Judgment as a Matter of Law and Rule 59 Motion filed by The United States of America. (Brown, Walter) (Entered: 07/03/2023) (21) |
| Jun 26, 2023 | 489 | ANSWERING BRIEF in Opposition re 487 MOTION for Judgment as a Matter of Law and Rule 59 Motion filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..Reply Brief due date per Local Rules is 7/3/2023. (Cottrell, Frederick) (Entered: 06/26/2023) (30) |
| Jun 20, 2023 | 488 | REDACTED VERSION of 487 MOTION for Judgment as a Matter of Law and Rule 59 Motion by The United States of America. (Brown, Walter) (Entered: 06/20/2023) (30) |
| Jun 12, 2023 | 487 | [SEALED] MOTION for Judgment as a Matter of Law and Rule 59 Motion - filed by The United States of America. (Brown, Walter) Modified on 6/13/2023 (dlw). (Entered: 06/12/2023) (0) |
| Jun 5, 2023 | 486 | Joint STATEMENT regarding Mediation re 472 Oral Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Cottrell, Frederick) Modified on 6/6/2023 (dlw). (Entered: 06/05/2023) (3) |
| May 31, 2023 | 476 | Official Transcript of Jury Trial held on 05/02/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (243) |
| May 31, 2023 | 477 | Official Transcript of Jury Trial held on 05/03/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (289) |
| May 31, 2023 | 478 | Official Transcript of Jury Trial held on 05/04/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (307) |
| May 31, 2023 | 479 | Official Transcript of Jury Trial held on 05/05/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (294) |
| May 31, 2023 | 480 | Official Transcript of Jury Trial held on 05/08/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (315) |
| May 31, 2023 | 481 | Official Transcript of Jury Trial held on 05/09/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (12) |
| May 31, 2023 | 482 | Official Transcript of Bench Trial held on 05/03/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (93) |
| May 31, 2023 | 483 | Official Transcript of Bench Trial held on 05/05/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (12) |
| May 31, 2023 | 484 | Official Transcript of Bench Trial held on 05/08/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (86) |
| May 31, 2023 | 485 | Official Transcript of Bench Trial held on 05/09/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023. (dh) (Entered: 05/31/2023) (198) |
| May 30, 2023 | 475 | JOINT EXHIBIT AND WITNESS LIST - Bench Trial. (mdb) (Entered: 05/30/2023) (3) |
| May 18, 2023 | 474 | ORAL ORDER re 473 Joint Status Report - Having reviewed the parties' Joint Status Report, IT IS HEREBY ORDERED that the page-limits for post-trial briefing in this matter shall be thirty (30) pages for opening and answering briefs and fifteen (15) pages for reply briefs. Briefing will otherwise be presented pursuant to the Court's Local Rules. ORDERED by Judge Maryellen Noreika on 5/18/2023. (dlw) (Entered: 05/18/2023) (0) |
| May 16, 2023 | 473 | Joint STATUS REPORT by The United States of America. (Brown, Walter) (Entered: 05/16/2023) (3) |
| May 15, 2023 | 471 | JUDGMENT FOLLOWING JURY VERDICT. Signed by Judge Maryellen Noreika on 5/15/2023. (dlw) (Entered: 05/15/2023) (2) |
| May 15, 2023 | 472 | ORAL ORDER - IT IS HEREBY ORDERED that prior to the time of the submission of post-trial motions, the parties shall engage in further mediation efforts. No later than one (1) week prior to the submission of post-trial motions, 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 5/15/2023. (dlw) (Entered: 05/15/2023) (0) |
| May 9, 2023 | 467 | SO ORDERED re 466 Stipulation and Order to Admit Excerpted Trial Exhibits. Signed by Judge Maryellen Noreika on 5/9/2023. (dlw) (Entered: 05/09/2023) (4) |
| May 9, 2023 | 468 | [SEALED] JURY VERDICT. (mdb) (Entered: 05/09/2023) (0) |
| May 9, 2023 | 469 | [REDACTED] JURY VERDICT. (mdb) (Entered: 05/09/2023) (6) |
| May 9, 2023 | 470 | JOINT EXHIBIT AND WITNESS LIST - Jury Trial. (mdb) (Entered: 05/09/2023) (8) |
| May 8, 2023 | 460 | MOTION for Judgment as a Matter of Law Under Federal Rule of Civil Procedure 50(a) - filed by The United States of America. (Anis, Shamoor) Modified on 5/8/2023 (dlw). (Entered: 05/08/2023) (12) |
| May 8, 2023 | 461 | STATEMENT // Gilead's Offer of Proof Regarding Evidence of Governmental Agency Recommendations by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-H, # 3 Exhibit I-J, # 4 Exhibit K-T, # 5 Exhibit U-DD)(Cottrell, Frederick) Modified on 5/8/2023 (dlw). (Entered: 05/08/2023) (0) |
| May 8, 2023 | 462 | STATEMENT // Defendants' Offer of Proof Regarding Evidence of Clinical Trial Agreements by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit A-S)(Cottrell, Frederick) Modified on 5/8/2023 (dlw). (Entered: 05/08/2023) (0) |
| May 8, 2023 | 463 | MOTION for Judgment as a Matter of Law - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) (Entered: 05/08/2023) (17) |
| May 8, 2023 | 464 | FINAL JURY INSTRUCTIONS read to jury. (mdb) (Entered: 05/08/2023) (30) |
| May 8, 2023 | 465 | VERDICT SHEET. (mdb) (Entered: 05/08/2023) (6) |
| May 8, 2023 | 466 | STIPULATION and [Proposed] Order to Admit Excerpted Trial Exhibits by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) (Entered: 05/08/2023) (4) |
| May 4, 2023 | 457 | Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Request for Curative Instruction Regarding the Material Transfer Agreements. (Cottrell, Frederick) (Entered: 05/04/2023) (4) |
| May 4, 2023 | 458 | Proposed FINAL Jury Instructions by The United States of America. (Anis, Shamoor) Modified on 5/4/2023 (dlw). (Entered: 05/04/2023) (30) |
| May 4, 2023 | 459 | VERDICT SHEET by The United States of America . (Attachments: # 1 Government's Proposed Verdict Form, # 2 Gilead's Proposed Verdict Form)(Anis, Shamoor) (Entered: 05/04/2023) (0) |
| May 2, 2023 | 455 | VOIR DIRE QUESTIONS read to jury. (mdb) (Entered: 05/02/2023) (6) |
| May 2, 2023 | 456 | PRELIMINARY JURY INSTRUCTIONS read to jury. (mdb) (Entered: 05/02/2023) (20) |
| May 1, 2023 | 452 | SO ORDERED re 451 Stipulation and Order to Revise Plaintiff's Exhibit List. Signed by Judge Maryellen Noreika on 5/1/2023. (dlw) (Entered: 05/01/2023) (3) |
| May 1, 2023 | 453 | NOTICE of Withdrawal of Laura D. Hatcher by The United States of America (Anis, Shamoor) (Entered: 05/01/2023) (1) |
| May 1, 2023 | 454 | Letter to The Honorable Maryellen Noreika from AUSA Shamoor Anis for the United States regarding updated Proposed Voir Dire and Proposed Preliminary Jury Instructions as per the Court's Order at D.I. 450 - re 450 Order, Set/Reset Scheduling Order Deadlines, Terminate Motions, Terminate Deadlines and Hearings. (Attachments: # 1 Exhibit A - Proposed Voir Dire - REDLINE, # 2 Exhibit B - Proposed PRELIMINARY Jury Instructions - REDLINE., # 3 Exhibit C - Proposed Voir Dire, # 4 Exhibit D - Proposed PRELIMINARY Jury Instructions)(Anis, Shamoor) (Entered: 05/01/2023) (0) |
| Apr 28, 2023 | 450 | ORDER AFTER PRETRIAL CONFERENCE. See Order for full and complete details. Signed by Judge Maryellen Noreika on 4/28/2023. (mdb) (Entered: 04/28/2023) (11) |
| Apr 28, 2023 | 451 | Joint STIPULATION to Revise Plaintiff's Exhibit List by The United States of America. (Attachments: # 1 Exhibit 8P (Revised PTO Exhibit 8P))(Holvey, Patrick) (Entered: 04/28/2023) (0) |
| Apr 27, 2023 | 447 | Official Transcript of Pretrial Conference held on 04/24/2023 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 5/18/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 7/26/2023. (dh) (Entered: 04/27/2023) (92) |
| Apr 27, 2023 | 448 | Joint Letter to Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Objections and Corrections to the Court's Proposed Vior Dire and Preliminary Jury Instructions - re 445 Oral Order,. (Attachments: # 1 Exhibit A+B)(Cottrell, Frederick) (Entered: 04/27/2023) (0) |
| Apr 27, 2023 | 449 | ORAL ORDER re 448 Letter - Having reviewed the parties' joint letter and the attachments thereto, IT IS HEREBY ORDERED that the Court accepts the corrections to the typographical errors and the conforming of references in the Voir Dire and Preliminary Jury Instructions. The Court OVERRULES Defendants' objection to the use of the term "United States" as the named Plaintiff in the lawsuit is "The United States of America." ORDERED by Judge Maryellen Noreika on 4/27/2023. (dlw) (Entered: 04/27/2023) (0) |
| Apr 26, 2023 | 443 | The Court's PROPOSED Voir Dire. (dlw) (Entered: 04/26/2023) (6) |
| Apr 26, 2023 | 444 | The Court's PROPOSED PRELIMINARY Jury Instructions. (dlw) (Entered: 04/26/2023) (20) |
| Apr 26, 2023 | 445 | ORAL ORDER re 443 the Court's Proposed Voir Dire, 444 the Court's Proposed Preliminary Jury Instructions - IT IS HEREBY ORDERED that the parties shall file a joint letter on or before 2:00 p.m. on 4/27/2023 setting forth any corrections or objections to the Court's Proposed Voir Dire or the Court's Preliminary Jury Instructions. ORDERED by Judge Maryellen Noreika on 4/26/2023. (dlw) (Entered: 04/26/2023) (0) |
| Apr 26, 2023 | 446 | REDACTED VERSION of 434 Proposed Pretrial Order,,,,, by The United States of America. (Attachments: # 1 Exhibit 1 - Joint Statement of Uncontested Facts, # 2 Exhibit 2P - Plaintiff's Statement of Contested Facts, # 3 Exhibit 2D - Defendants' Statement of Contested Facts, # 4 Exhibit 3P - Plaintiff's Statement of Disputed Law, # 5 Exhibit 3D - Defendants' Statement of Disputed Law, # 6 Exhibit 4P - Plaintiff's Statement of Intended Proof, # 7 Exhibit 4D - Defendants' Statement of Intended Proof, # 8 Exhibit 5P - Plaintiff's Trial Witnesses, # 9 Exhibit 5D - Defendants' Trial Witnesses, # 10 Exhibit 6P - Government's Designations, # 11 Exhibit 6D - Defendants' Designations, # 12 Exhibit 7 - Joint Exhibit List, # 13 Exhibit 8P - Plaintiff's Exhibit List, # 14 Exhibit 8D - Defendant's Exhibit List, # 15 Exhibit 9P.1 - Government MIL #1, # 16 Exhibit 9P.2 - Government MIL #2, # 17 Exhibit 9P.3 - Government MIL #3, # 18 Exhibit 9D.1 - Gilead MIL #1, # 19 Exhibit 9D.2 - Gilead MIL #2, # 20 Exhibit 9D.3 - Gilead MIL #3, # 21 Exhibit Exhibit 9 - Gov't MIL Exs, # 22 Certificate of Service)(Holvey, Patrick) (Entered: 04/26/2023) (0) |
| Apr 24, 2023 | 441 | Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Case Narrowing. (Cottrell, Frederick) (Entered: 04/24/2023) (2) |
| Apr 24, 2023 | 442 | Joint STIPULATION TO EXTEND TIME for submission of the redacted public version of the Proposed Pretrial Order (D.I. 434) to April 26, 2023 - filed by The United States of America. (Holvey, Patrick) (Entered: 04/24/2023) (3) |
| Apr 21, 2023 | 440 | Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Narrowing & Pending Motions. (Cottrell, Frederick) (Entered: 04/21/2023) (2) |
| Apr 18, 2023 | 439 | Letter to Honorable Maryellen Noreika from Walter W. Brown regarding Pending Motions for Oral Argument - re 426 Oral Order,. (Holvey, Patrick) (Entered: 04/18/2023) (1) |
| Apr 17, 2023 | 432 | Joint STATEMENT regarding Mediation re 402 Oral Order by The United States of America. (Holvey, Patrick) Modified on 4/17/2023 (dlw). (Entered: 04/17/2023) (3) |
| Apr 17, 2023 | 433 | Proposed Pretrial Order by The United States of America. (Holvey, Patrick) (Entered: 04/17/2023) (27) |
| Apr 17, 2023 | 434 | [SEALED] EXHIBITS to Proposed Pretrial Order by The United States of America. (Attachments: # 1 Exhibit 1 - Joint Statement of Uncontested Facts, # 2 Exhibit 2P - Plaintiff's Statement of Contested Facts, # 3 Exhibit 2D - Defendants' Statement of Contested Facts, # 4 Exhibit 3P - Plaintiff's Statement of Disputed Law, # 5 Exhibit 3D - Defendants' Statement of Disputed Law, # 6 Exhibit 4P - Plaintiff's Statement of Intended Proof, # 7 Exhibit 4D - Defendants' Statement of Intended Proof, # 8 Exhibit 5P - Plaintiff's Trial Witnesses, # 9 Exhibit 5D - Defendants' Trial Witnesses, # 10 Exhibit 6P - Government's Designations, # 11 Exhibit 6D - Defendants' Designations, # 12 Exhibit 7 - Joint Exhibit List, # 13 Exhibit 8P - Plaintiff's Exhibit List, # 14 Exhibit 8D - Defendant's Exhibit List, # 15 Exhibit 9P.1 - Government MIL #1, # 16 Exhibit 9P.2 - Government MIL #2, # 17 Exhibit 9P.3 - Government MIL #3, # 18 Exhibit 9D.1 - Gilead MIL #1, # 19 Exhibit 9D.2 - Gilead MIL #2, # 20 Exhibit 9D.3 - Gilead MIL #3, # 21 Exhibit 9 - Gov't MIL Exs, # 22 Certificate of Service)(Holvey, Patrick) Modified on 4/18/2023 (dlw). (Attachment 21 replaced on 4/19/2023) (dlw). (Entered: 04/17/2023) (0) |
| Apr 17, 2023 | 435 | PROPOSED VERDICT SHEETS by The United States of America (Attachments: # 1 Government's Proposed Jury Verdict Form, # 2 Gilead's Proposed Jury Verdict Form)(Holvey, Patrick) Modified on 4/18/2023 (dlw). (Entered: 04/17/2023) (0) |
| Apr 17, 2023 | 436 | Proposed Voir Dire by The United States of America. (Holvey, Patrick) (Entered: 04/17/2023) (10) |
| Apr 17, 2023 | 437 | Proposed PRELIMINARY Jury Instructions by The United States of America. (Holvey, Patrick) Modified on 4/18/2023 (dlw). (Entered: 04/17/2023) (22) |
| Apr 17, 2023 | 438 | Proposed FINAL Jury Instructions by The United States of America. (Holvey, Patrick) Modified on 4/18/2023 (dlw). (Entered: 04/17/2023) (30) |
| Apr 14, 2023 | 430 | NOTICE OF SERVICE of Fifth Supplemental Objections and Response to Plaintiffs Interrogatory No. 4 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) (Entered: 04/14/2023) (2) |
| Apr 14, 2023 | 431 | NOTICE OF SERVICE of Plaintiffs Ninth Supplemental Objections And Responses To Defendants First Set Of Interrogatories (No. 11) filed by The United States of America.(Holvey, Patrick) (Entered: 04/14/2023) (3) |
| Apr 13, 2023 | 429 | MOTION for Pro Hac Vice Appearance of Attorney Mark C. Fleming and David Mlaver - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) (Entered: 04/13/2023) (4) |
| Apr 11, 2023 | 428 | ORAL ORDER - IT IS HEREBY ORDERED that, due to scheduling issues, the Court anticipates that this trial will begin on May 2, 2023 and will last up to five days (ending on or before May 8, 2023). The Court will address specifics with the parties during the Pretrial Conference. ORDERED by Judge Maryellen Noreika on 4/11/2023. (dlw) (Entered: 04/11/2023) (0) |
| Apr 5, 2023 | 427 | Letter to Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Pending Motions for Oral Argument - re 426 Oral Order,. (Cottrell, Frederick) (Entered: 04/05/2023) (1) |
| Apr 4, 2023 | 426 | ORAL ORDER re 344 MOTION for Summary Judgment, 362 Cross MOTION for Summary Judgment, 343 MOTION to Exclude Expert Testimony, 347 MOTION to Exclude Opinions of Dr. DeForest McDuff, 350 MOTION for Partial Summary Judgment - IT IS HEREBY ORDERED that the parties shall be prepared to argue these motions at the 4/24/2023 Pretrial Conference. ORDERED by Judge Maryellen Noreika on 4/4/2023. (dlw) (Entered: 04/04/2023) (0) |
| Apr 3, 2023 | 411 | AMENDED REDACTED VERSION of 199 Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit 1-12)(Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 412 | AMENDED REDACTED VERSION of 242 Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit A-T)(Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 413 | AMENDED REDACTED VERSION of 274 Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit 1-10)(Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 414 | AMENDED REDACTED VERSION of 317 Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit A-H)(Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 415 | AMENDED REDACTED VERSION of 345 Opening Brief in Support by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (30) |
| Apr 3, 2023 | 416 | AMENDED REDACTED VERSION of 346 Statement by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (9) |
| Apr 3, 2023 | 417 | AMENDED REDACTED VERSION of 363 Statement by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (14) |
| Apr 3, 2023 | 418 | AMENDED REDACTED VERSION of 364 Answering Brief in Opposition by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (30) |
| Apr 3, 2023 | 419 | AMENDED REDACTED VERSION of 375 Reply Brief by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (28) |
| Apr 3, 2023 | 420 | AMENDED REDACTED VERSION of 377 Statement by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (7) |
| Apr 3, 2023 | 421 | AMENDED REDACTED VERSION of 393 Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-E)(Ewing, Alexandra) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 422 | AMENDED REDACTED VERSION of 232 Letter by The United States of America. (Attachments: # 1 Exhibit A-I)(Brown, Walter) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 423 | AMENDED REDACTED VERSION of 241 Letter by The United States of America. (Attachments: # 1 Exhibit A-K)(Brown, Walter) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 424 | AMENDED REDACTED VERSION of 318 Letter by The United States of America. (Attachments: # 1 Exhibit A-D)(Brown, Walter) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Apr 3, 2023 | 425 | AMENDED REDACTED VERSION of 381 Reply to Response to Motion by The United States of America. (Attachments: # 1 Exhibit Nos. 51-58, # 2 Plaintiff's Response to Defendants' Statement of Facts as to Which Defendants Contend There Is a Genuine Issue to Be Tried)(Brown, Walter) Modified on 4/3/2023 (dlw). (Entered: 04/03/2023) (0) |
| Mar 31, 2023 | 410 | NOTICE OF SERVICE of Defendants' Notice Pursuant to 35 U.S.C. § 282 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) (Entered: 03/31/2023) (2) |
| Mar 29, 2023 | 409 | Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Hearing on Redactions. (Cottrell, Frederick) (Entered: 03/29/2023) (3) |
| Mar 22, 2023 | 408 | ORAL ORDER Setting Hearing - IT IS HEREBY ORDERED that the hearing on SEALED/REDACTED filings (see D.I. 407) is set for 4/4/2023 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 3/22/2023. (dlw) (Entered: 03/22/2023) (0) |
| Mar 20, 2023 | 407 | ORAL ORDER re 405 Letter - Having reviewed the parties' letter and scanned the docket items that have been filed under seal (as well as the redacted versions of those items), it appears that the parties have to some extent over-redacted documents. THEREFORE, IT IS HEREBY ORDERED that the Court will hold a hearing during which each docket item that has been filed under seal will be addressed. The parties shall be prepared (and have the necessary personnel present) to make the showing required by the Third Circuit for each redaction. The parties shall contact Chambers with a date during the week of April 3, 2023 to hold the hearing. ORDERED by Judge Maryellen Noreika on 3/20/2023. (dlw) (Entered: 03/20/2023) (0) |
| Mar 17, 2023 | 405 | Joint Letter to the Honorable Maryellen Noreika from Walter W. Brown and Kelly E. Farnan regarding Parties' Joint Response to Letter from Morningside Heights Legal Services, Inc.. - re 404 Oral Order,,. (Brown, Walter) (Entered: 03/17/2023) (6) |
| Mar 17, 2023 | 406 | AMENDED REDACTED VERSION of 345 Opening Brief in Support by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 3/20/2023 (dlw). (Entered: 03/17/2023) (30) |
| Mar 15, 2023 | 404 | ORAL ORDER re 403 Letter - WHEREAS, on March 14, 2023, the Court received a letter (D.I. 403) from Morningside Heights Legal Services, Inc. asserting that the parties in this case have improperly redacted information in their filings with the Court, IT IS HEREBY ORDERED that, on or before 5:00 PM on March 17, 2023, the parties shall file a joint letter responding to the March 14, 2023 letter, including a proposal for how the Court should ensure that all sealed filings in this case (as well as redactions to public filings) comply with the applicable Third Circuit law. ORDERED by Judge Maryellen Noreika on 3/15/2023. (dlw) (Entered: 03/15/2023) (0) |
| Mar 14, 2023 | 403 | Letter to The Honorable Maryellen Noreika from Christopher J. Morten regarding public access. (dlw) (Entered: 03/15/2023) (10) |
| Mar 13, 2023 | 402 | 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 3/13/2023. (dlw) (Entered: 03/13/2023) (0) |
| Feb 21, 2023 | 401 | REPLY BRIEF in Support of Cross Motion for Defendants' Equitable Defenses to Be Heard in a BenchTrial After a Jury Trial on Other Issues (D.I. 397) filed by The United States of America. (Brown, Walter) Modified on 2/21/2023 (dlw). (Entered: 02/21/2023) (13) |
| Feb 13, 2023 | 398 | ORAL ORDER Setting TELEPHONIC Hearing on 391 MOTION to Bifurcate; 393 394 Letters regarding Motion for Leave to File Amended Answer - IT IS HEREBY ORDERED that a TELEPHONIC Motion Hearing is set for 2/22/2023 at 10:00 AM before Judge Maryellen Noreika. The Court is setting aside thirty (30) minutes for the argument with the time split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing with hard copies delivered to the Clerk's office within one (1) hour thereafter. Counsel may, however, agree upon a different time to exchange their respective slides. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 2/13/2023. (dlw) (Entered: 02/13/2023) (0) |
| Feb 13, 2023 | 399 | REDACTED VERSION of 397 Response to Motion by The United States of America. (Attachments: # 1 Exhibit Nos. 1-8)(Brown, Walter) Modified on 2/13/2023 (dlw). (Entered: 02/13/2023) (0) |
| Feb 13, 2023 | 400 | REPLY BRIEF re 391 MOTION to Bifurcate filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cottrell, Frederick) (Entered: 02/13/2023) (0) |
| Feb 6, 2023 | 397 | [SEALED] RESPONSE to Motion re 391 MOTION to Bifurcate and Cross Motion for Defendants' Equitable Defenses to be Heard in a Bench Trial After a Jury Trial on Other Issues filed by The United States of America. (Attachments: # 1 Exhibit Nos. 1-8)(Brown, Walter) Modified on 2/7/2023 (dlw). (Entered: 02/06/2023) (0) |
| Feb 1, 2023 | 395 | REDACTED VERSION of 393 Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-E)(Ewing, Alexandra) Modified on 2/1/2023 (dlw). (Entered: 02/01/2023) (0) |
| Feb 1, 2023 | 396 | REDACTED VERSION of 394 Letter by The United States of America. (Attachments: # 1 Exhibit A-L)(Brown, Walter) Modified on 2/2/2023 (dlw). (Entered: 02/01/2023) (0) |
| Jan 26, 2023 | 394 | [SEALED] Letter to Honorable Maryellen Noreika from Walter W. Brown regarding Gilead's Motion for Leave to Amend. (Attachments: # 1 Exhibit A-L)(Brown, Walter) (Entered: 01/26/2023) (0) |
| Jan 25, 2023 | 393 | [SEALED] Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Motion for Leave to File Amended Answer - re 78 Answer to Complaint,, Counterclaim,. (Attachments: # 1 Exhibit A_Clean Answer, # 2 Exhibit B_Redline Answer, # 3 Exhibit C-E)(Cottrell, Frederick) (Entered: 01/25/2023) (0) |
| Jan 23, 2023 | 389 | ORAL ORDER - Consistent with the Scheduling Order, the parties contacted Chambers to request a teleconference date for Defendant's anticipated motion to amend to add an affirmative defense. IT IS HEREBY ORDERED that, on or before 1/25/2023, Defendants shall submit their opening letter (of no more than three (3) pages) and, no later than 1/26/2023, Plaintiff shall submit its responsive letter (of no more than three (3) pages). Once the Court reviews the letters, it will determine if further letter briefing is needed, a ruling will be made on the papers as submitted, or if a teleconference will be held. ORDERED by Judge Maryellen Noreika on 1/23/2023. (dlw) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 390 | NOTICE of Change of Address by Frederick L. Cottrell, III (Cottrell, Frederick) (Entered: 01/23/2023) (2) |
| Jan 23, 2023 | 391 | MOTION to Bifurcate - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1 Certification)(Cottrell, Frederick) (Entered: 01/23/2023) (0) |
| Jan 23, 2023 | 392 | OPENING BRIEF in Support re 391 MOTION to Bifurcate filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..Answering Brief/Response due date per Local Rules is 2/6/2023. (Cottrell, Frederick) (Entered: 01/23/2023) (25) |
| Dec 27, 2022 | 385 | REDACTED VERSION of 375 Reply Brief by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 1/3/2023 (dlw). (Entered: 12/27/2022) (27) |
| Dec 27, 2022 | 386 | REDACTED VERSION of 377 Statement by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 1/3/2023 (dlw). (Entered: 12/27/2022) (6) |
| Dec 27, 2022 | 387 | REDACTED VERSION of 378 Reply Brief by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 1/3/2023 (dlw). (Entered: 12/27/2022) (9) |
| Dec 27, 2022 | 388 | REDACTED VERSION of 380 Declaration by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit 53-76)(Ewing, Alexandra) Modified on 1/3/2023 (dlw). (Entered: 12/27/2022) (0) |
| Dec 26, 2022 | 383 | REDACTED VERSION of 376 Reply to Response to Motion, by The United States of America. (Attachments: # 1 Text of Proposed Order Corrected, # 2 Certificate of Service)(Brown, Walter) (Entered: 12/26/2022) (0) |
| Dec 26, 2022 | 384 | REDACTED VERSION of 381 Reply to Response to Motion, by The United States of America. (Attachments: # 1 Exhibit Nos. 51-58, # 2 Plaintiff's Response to Defendants' Statement of Facts as to Which Defendants Content There is a Genuine Issue to be Tried, # 3 Certificate of Service)(Brown, Walter) Modified on 1/3/2023 (dlw). (Entered: 12/26/2022) (0) |
| Dec 19, 2022 | 375 | [SEALED] REPLY BRIEF re 344 MOTION for Summary Judgment filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) (Entered: 12/19/2022) (0) |
| Dec 19, 2022 | 376 | [SEALED] REPLY to Response to Motion re 343 Motion to Exclude Expert Testimony filed by The United States of America. (Attachments: # 1 Text of Proposed Order Corrected, # 2 Certificate of Service)(Anis, Shamoor) Modified on 12/20/2022 (dlw). (Entered: 12/19/2022) (0) |
| Dec 19, 2022 | 377 | [SEALED] STATEMENT re 367 Answering Brief in Opposition // Defendants' Response to Plaintiff's Concise Statement of Material Facts as to which there is a Genuine Issue to be Tried by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Cottrell, Frederick) Modified on 12/20/2022 (dlw). (Entered: 12/19/2022) (0) |
| Dec 19, 2022 | 378 | [SEALED] REPLY BRIEF re 347 MOTION to Exclude Opinions of Dr. DeForest McDuff filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) (Entered: 12/19/2022) (0) |
| Dec 19, 2022 | 379 | ANSWERING BRIEF in Opposition re 362 Cross MOTION for Summary Judgment filed by The United States of America.Reply Brief due date per Local Rules is 12/27/2022. (Anis, Shamoor) (Entered: 12/19/2022) (2) |
| Dec 19, 2022 | 380 | [SEALED] DECLARATION of Charles T. Cox Jr. re 378 Reply Brief, 375 Reply Brief by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit 53-76)(Cottrell, Frederick) Modified on 12/20/2022 (dlw). (Entered: 12/19/2022) (0) |
| Dec 19, 2022 | 381 | [SEALED] REPLY to Response to Motion re 350 MOTION for Partial Summary Judgment filed by The United States of America. (Attachments: # 1 Exhibit 51-58, # 2 Plaintiff's Response to Defendants' Statement of Facts as to Which Defendants Contend There is a Genuine Issue to be Tried, # 3 Certificate of Service) (Anis, Shamoor) Modified on 12/20/2022 (dlw). (Entered: 12/19/2022) (0) |
| Dec 19, 2022 | 382 | REQUEST for Oral Argument by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re 344 MOTION for Summary Judgment, 362 Cross MOTION for Summary Judgment, 343 MOTION to Exclude Expert Testimony, 347 MOTION to Exclude Opinions of Dr. DeForest McDuff, 350 MOTION for Partial Summary Judgment. (Cottrell, Frederick) Modified on 12/20/2022 (dlw). (Entered: 12/19/2022) (2) |
| Dec 5, 2022 | 369 | REDACTED VERSION of 361 Answering Brief in Opposition, by The United States of America. (Attachments: # 1 Exhibit Redacted Exhibits)(Anis, Shamoor) (Attachment 1 replaced on 7/26/2023) (dlw). (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 370 | REDACTED VERSION of 367 Answering Brief in Opposition by The United States of America. (Attachments: # 1 Exhibit REDACTED Ex A-Z, # 2 Exhibit REDACTED Ex AA-SS)(Anis, Shamoor) Modified on 12/6/2022 (dlw). (Main Document 370 replaced on 7/26/2023) (dlw). (Attachment 1 replaced on 7/26/2023) (dlw). (Attachment 2 replaced on 7/26/2023) (dlw). (Entered: 12/05/2022) (0) |
| Dec 5, 2022 | 371 | REDACTED VERSION of 363 Statement by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) (Main Document 371 replaced on 12/8/2022) (dlw). (Entered: 12/05/2022) (14) |
| Dec 5, 2022 | 372 | REDACTED VERSION of 364 Answering Brief in Opposition, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) (Entered: 12/05/2022) (30) |
| Dec 5, 2022 | 373 | REDACTED VERSION of 365 Answering Brief in Opposition, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) (Entered: 12/05/2022) (28) |
| Dec 5, 2022 | 374 | REDACTED VERSION of 366 Declaration, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # 1 Exhibit A-Z, # 2 Exhibit AA-GG, # 3 Exhibit HH-NN, # 4 Exhibit OO, # 5 Exhibit PP-ZZ, # 6 Exhibit AAA-GGG)(Ewing, Alexandra) (Main Document 374 replaced on 12/8/2022) (dlw). (Attachment 6 replaced on 12/8/2022) (dlw). (Entered: 12/05/2022) (0) |
| Nov 30, 2022 | 368 | Letter to Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Development in Court of Federal Claims Action. (Attachments: # 1 Exhibit 1)(Cottrell, Frederick) (Entered: 11/30/2022) (0) |
| Nov 28, 2022 | 361 | [SEALED] ANSWERING BRIEF in Opposition re 347 MOTION to Exclude Opinions of Dr. DeForest McDuff filed by The United States of America.Reply Brief due date per Local Rules is 12/5/2022. (Attachments: # 1 Exhibit A-E, # 2 Certificate of Service)(Anis, Shamoor) (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 362 | Cross MOTION for Summary Judgment - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # 1 Text of Proposed Order)(Cottrell, Frederick) (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 363 | [SEALED] STATEMENT re 350 MOTION for Partial Summary Judgment // Response to Plaintiffs' Concise Statement of Facts by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Cottrell, Frederick) Modified on 11/29/2022 (dlw). (Main Document 363 replaced on 12/8/2022) (dlw). (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 364 | [SEALED] ANSWERING BRIEF in Opposition re 350 MOTION for Partial Summary Judgment filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc. Reply Brief due date per 27 Scheduling Order is 12/19/2022. (Cottrell, Frederick) Modified on 11/29/2022 (dlw). (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 365 | [SEALED] ANSWERING BRIEF in Opposition re 343 MOTION TO EXCLUDE EXPERT TESTIMONY filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc. Reply Brief due date per 27 Scheduling Order is 12/19/2022. (Cottrell, Frederick) Modified on 11/29/2022 (dlw). (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 366 | [SEALED] DECLARATION of Charles T. Cox Jr. re 365 Answering Brief in Opposition, 364 Answering Brief in Opposition by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # 1 Exhibit A-Z, # 2 Exhibit AA-GG, # 3 Exhibit HH-NN, # 4 Exhibit OO, # 5 Exhibit PP-ZZ, # 6 Exhibit AAA-GGG)(Cottrell, Frederick) Modified on 11/29/2022 (dlw). (Main Document 366 replaced on 12/8/2022) (dlw). (Attachment 6 replaced on 12/8/2022) (dlw). (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 367 | [SEALED] ANSWERING BRIEF in Opposition re 344 MOTION for Summary Judgment filed by The United States of America. Reply Brief due date per 27 Scheduling Order is 12/19/2022. (Attachments: # 1 Exhibit Exhibits A-Z, # 2 Exhibit Exhibits AA-SS, # 3 United States Response to Defendant's Concise Statement of Facts, # 4 United States Concise Statement of Material Facts to Which There is No Genuine Issue to Be Tried, # 5 Certificate of Service)(Anis, Shamoor) Modified on 11/29/2022 (dlw). (Entered: 11/28/2022) (0) |
| Nov 8, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: At the request of counsel, Attachment #20 to D.I. 360 has been replaced on the docket to include previously missing pages. (dlw) |
| Nov 1, 2022 | 360 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Text of Proposed Order) (2) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Affidavit of Service) (6) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Concise Statement of Facts) (8) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Appendix A) (1) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit Nos. 1-4) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 5) (1) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 6 (Part 1)) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 6 (Part 2)) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit Nos. 7-11) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 12) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 13) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit Nos. 14-15) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 16) (1) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 17) (1) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 18) (1) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 19) (1) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit Nos. 20-21) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit No. 22) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit Nos. 23-28) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit Nos. 29-37) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Nov 1, 2022 | 360 | Redacted Document (Exhibit Nos. 38-50) (30) Docket Text: REDACTED VERSION of [350] MOTION for Summary Judgment by The United States of America. (Attachments: # (1) Text of Proposed Order, # (2) Affidavit of Service, # (3) Concise Statement of Facts, # (4) Appendix A, # (5) Exhibit Nos. 1-4, # (6) Exhibit No. 5, # (7) Exhibit No. 6 (Part 1), # (8) Exhibit No. 6 (Part 2), # (9) Exhibit Nos. 7-11, # (10) Exhibit No. 12, # (11) Exhibit No. 13, # (12) Exhibit Nos. 14-15, # (13) Exhibit No. 16, # (14) Exhibit No. 17, # (15) Exhibit No. 18, # (16) Exhibit No. 19, # (17) Exhibit Nos. 20-21, # (18) Exhibit No. 22, # (19) Exhibit Nos. 23-28, # (20) Exhibit Nos. 29-37, # (21) Exhibit Nos. 38-50)(Brown, Walter) Modified on 11/2/2022 (dlw). (Attachment 20 replaced on 11/8/2022) (dlw). |
| Oct 27, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [353] STIPULATION TO EXTEND TIME to submit Redacted Public Version of D.I. 350 to November 1, 2022. ORDERED by Judge Maryellen Noreika on 10/27/2022. (dlw) |
| Oct 27, 2022 | 353 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to submit Redacted Public Version of D.I. 350 to November 1, 2022 - filed by The United States of America. (Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Exhibit Nos. 1-8) (30) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Exhibit Nos. 9-11) (30) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Exhibit Nos. 12-16) (30) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Exhibit No. 17 (Part 1)) (30) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Exhibit No. 17 (Part 2)) (30) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Exhibit Nos. 18-20) (20) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 354 | Redacted Document (Text of Proposed Order) (2) Docket Text: REDACTED VERSION of [343] MOTION TO EXCLUDE EXPERT TESTIMONY by The United States of America. (Attachments: # (1) Exhibit Nos. 1-8, # (2) Exhibit Nos. 9-11, # (3) Exhibit Nos. 12-16, # (4) Exhibit No. 17 (Part 1), # (5) Exhibit No. 17 (Part 2), # (6) Exhibit Nos. 18-20, # (7) Text of Proposed Order)(Brown, Walter) |
| Oct 27, 2022 | 355 | Redacted Document (30) Docket Text: REDACTED VERSION of [345] Opening Brief in Support by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 356 | Redacted Document (9) Docket Text: REDACTED VERSION of [346] Statement by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 357 | Redacted Document (Main Document) (3) Docket Text: REDACTED VERSION of [347] MOTION to Exclude Opinions of Dr. DeForest McDuff by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Ewing, Alexandra) |
| Oct 27, 2022 | 357 | Redacted Document (Text of Proposed Order Proposed Order) (3) Docket Text: REDACTED VERSION of [347] MOTION to Exclude Opinions of Dr. DeForest McDuff by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Ewing, Alexandra) |
| Oct 27, 2022 | 358 | Redacted Document (17) Docket Text: REDACTED VERSION of [348] Opening Brief in Support by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 359 | Redacted Document (Main Document) (8) Docket Text: REDACTED VERSION of [349] Declaration by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-16, # (3) Exhibit 17-26, # (4) Exhibit 27-35, # (5) Exhibit 36-52)(Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 359 | Redacted Document (Exhibit 1-10) (30) Docket Text: REDACTED VERSION of [349] Declaration by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-16, # (3) Exhibit 17-26, # (4) Exhibit 27-35, # (5) Exhibit 36-52)(Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 359 | Redacted Document (Exhibit 11-16) (30) Docket Text: REDACTED VERSION of [349] Declaration by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-16, # (3) Exhibit 17-26, # (4) Exhibit 27-35, # (5) Exhibit 36-52)(Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 359 | Redacted Document (Exhibit 17-26) (30) Docket Text: REDACTED VERSION of [349] Declaration by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-16, # (3) Exhibit 17-26, # (4) Exhibit 27-35, # (5) Exhibit 36-52)(Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 359 | Redacted Document (Exhibit 27-35) (30) Docket Text: REDACTED VERSION of [349] Declaration by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-16, # (3) Exhibit 17-26, # (4) Exhibit 27-35, # (5) Exhibit 36-52)(Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 27, 2022 | 359 | Redacted Document (Exhibit 36-52) (30) Docket Text: REDACTED VERSION of [349] Declaration by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-16, # (3) Exhibit 17-26, # (4) Exhibit 27-35, # (5) Exhibit 36-52)(Ewing, Alexandra) Modified on 10/28/2022 (dlw). |
| Oct 20, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [352] STIPULATION TO EXTEND TIME to submit Redacted Public Versions of D.I. 343, D.I. 345, D.I. 346, D.I. 347, D.I. 348, D.I. 349, and D.I. 350 to through and including October 27, 2022 filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. ORDERED by Judge Maryellen Noreika on 10/20/2022. (dlw) |
| Oct 20, 2022 | 352 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to submit Redacted Public Versions of D.I. 343, D.I. 345, D.I. 346, D.I. 347, D.I. 348, D.I. 349, and D.I. 350 to through and including October 27, 2022 - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) |
| Oct 14, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: At the request of counsel, a proposed order has been added to D.I. 343. (dlw) |
| Oct 13, 2022 | 344 | Motion for Summary Judgment (Main Document) (3) Docket Text: MOTION for Summary Judgment - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Cottrell, Frederick) |
| Oct 13, 2022 | 344 | Motion for Summary Judgment (Text of Proposed Order Proposed Order) (2) Docket Text: MOTION for Summary Judgment - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Cottrell, Frederick) |
| Oct 13, 2022 | 351 | Notice (Other) (3) Docket Text: NOTICE of lodging Exhibits 48 and 49 to the Declaration of Charles T. Cox Jr. by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re [349] Declaration, (Cottrell, Frederick) |
| Oct 4, 2022 | 342 | Notice (Other) (2) Docket Text: NOTICE of Withdrawal of Appearance of Amanda K. Kelly by The United States of America (Brown, Walter) |
| Aug 23, 2022 | 341 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Wesley Blakeslee on August 30, 2022, filed by The United States of America.(Holvey, Patrick) |
| Aug 11, 2022 | 340 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Supplemental Expert Report of Christine S. Meyer, Ph.D. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Aug 8, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 336 has been replaced on the docket. The document now contains a signature. (dlw) |
| Aug 8, 2022 | 334 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Paul Johnson on August 16, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Farnan, Kelly) |
| Aug 8, 2022 | 335 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Andrea Brancale on August 17, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Farnan, Kelly) |
| Aug 8, 2022 | 336 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dhiren Thakker on August 26, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Farnan, Kelly) (Main Document 336 replaced on 8/8/2022) (dlw). |
| Aug 8, 2022 | 337 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Charles Flexner on August 18, 2022 filed by The United States of America.(Holvey, Patrick) |
| Aug 8, 2022 | 338 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Christine Meyer on August 18, 2022 filed by The United States of America.(Holvey, Patrick) |
| Aug 8, 2022 | 339 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Robert Hutchins on August 26, 2022 filed by The United States of America.(Holvey, Patrick) |
| Aug 3, 2022 | 332 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Robert Stoll on August 5, 2022 filed by The United States of America.(Holvey, Patrick) |
| Aug 3, 2022 | 333 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Wesley Blakeslee on August 11, 2022 filed by The United States of America.(Holvey, Patrick) |
| Jul 29, 2022 | 326 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Robert Grant on August 29, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 29, 2022 | 327 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Robert Murphy on August 4, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 29, 2022 | 328 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Dr. DeForest McDuff on August 23, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 29, 2022 | 329 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of James Carmichael on August 19, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 29, 2022 | 330 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Dr. Julia Marcus on August 11, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 29, 2022 | 331 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Dr. Lawrence Goldkind on August 31, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 27, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Christina Luo and Gillian T. Farrell for Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Jul 22, 2022 | 324 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [318] Letter, by The United States of America. (Attachments: # (1) Exhibit A-C With redactions, D No redactions)(Anis, Shamoor) |
| Jul 22, 2022 | 324 | Redacted Document (Exhibit A-C With redactions, D No redactions) (11) Docket Text: REDACTED VERSION of [318] Letter, by The United States of America. (Attachments: # (1) Exhibit A-C With redactions, D No redactions)(Anis, Shamoor) |
| Jul 22, 2022 | 325 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of David W. Feigal Jr., M.D. on July 27, 2022 filed by The United States of America.(Brown, Walter) |
| Jul 21, 2022 | 323 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [317] Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-H)(Ewing, Alexandra) |
| Jul 21, 2022 | 323 | Redacted Document (Exhibit A-H) (30) Docket Text: REDACTED VERSION of [317] Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-H)(Ewing, Alexandra) |
| Jul 18, 2022 | 322 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Sur-Reply Expert Report of Charles W. Flexner, M.D. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jul 15, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [321] MOTION for Pro Hac Vice Appearance of Attorney Christina Luo and Gillian T. Farrell filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. ORDERED by Judge Maryellen Noreika on 7/15/2022. (mdb) |
| Jul 15, 2022 | 321 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Christina Luo and Gillian T. Farrell - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) |
| Jul 14, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [320] STIPULATION TO EXTEND TIME to Submit Redacted Public Versions of D.I. 317 and D.I. 318 to 1) July 21, 2022 and 2) July 22, 2022 respectively. ORDERED by Judge Maryellen Noreika on 7/14/2022. (dlw) |
| Jul 14, 2022 | 320 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to Submit Redacted Public Versions of D.I. 317 and D.I. 318 to 1) July 21, 2022 and 2) July 22, 2022 respectively - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) |
| Jul 11, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [317] Letter, [318] Letter - Having reviewed the parties' letters, IT IS HEREBY ORDERED that Gilead's motion to strike paragraphs 57 and 225 of the Murphy report is DENIED. Analysis of the Pennypack factors does not support exclusion. Any surprise that Gilead experienced is mitigated because Gilead will have an opportunity to depose Dr. Murphy regarding his personal experience prescribing the accused products and can do so without disrupting the remaining schedule in the case. There is no evidence of bad faith and the evidence is highly relevant to the issues in the case. ORDERED by Judge Maryellen Noreika on 7/11/2022. (dlw) |
| Jul 7, 2022 | 316 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from AUSA Shamoor Anis and Counsel Walter Brown regarding Discovery Dispute - re [315] Oral Order,,. (Anis, Shamoor) |
| Jul 6, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER - Consistent with the Scheduling Order, the parties contacted Chambers to request a teleconference date for expert discovery disputes, IT IS HEREBY ORDERED that the opening letters (not to exceed three (3) pages) shall be filed no later than 6:00 PM 7/7/2022 and the answering letters (not to exceed three (3) pages) shall be filed no later than 6:00 PM on 7/8/2022. If, after review of the letters, the Court needs further submissions from the parties or wants oral argument, an oral order will be issued. ORDERED by Judge Maryellen Noreika on 7/6/2022. (dlw) |
| Jun 16, 2022 | 313 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Charles W. Flexner, M.D.; (2) Expert Report of Christine S. Meyer, Ph.D.; (3) Reply Expert Report of Wesley D. Blakeslee; (4) Reply Expert Report of Robert Stoll; and (5) Reply Expert Report of David W. Feigal, Jr., M.D. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jun 16, 2022 | 314 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) the Reply Expert Report of Andrea Brancale, Ph.D., (2) the Reply Expert Report of Julia Marcus, Ph.D, M.P.H., (3) the Reply Expert Report of DeForest McDuff, Ph.D, (4) the Reply Expert Report of Robert Murphy, M.D., (5) and the Reply Expert Report of James Carmichael filed by The United States of America.(Holvey, Patrick) |
| May 17, 2022 | 311 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Rebuttal Expert Report of Dhiren R. Thakker, Ph.D., the Expert Report of Sean Sheridan, Ph.D, the Rebuttal Expert Report of Dr. Robert Grant, M.D., the Rebuttal Expert Report of Dr. Lawrence Goldkind, M.D., the Expert Report of James Carmichael, and the Rebuttal Expert Report of R. Paul Johnson filed by The United States of America.(Brown, Walter) |
| May 17, 2022 | 312 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Rebuttal Expert Report of Wesley D. Blakeslee; (2) Rebuttal Expert Report of Charles W. Flexner, M.D.; (3) Expert Report of Robert A. Hutchins; and (4) Expert Report of Christine S. Meyer, Ph.D. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| May 2, 2022 | 310 | Response to Objections (13) Docket Text: RESPONSE TO [308] OBJECTIONS by The United States of America. (Anis, Shamoor) Modified on 5/2/2022 (dlw). |
| Apr 22, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [309] UNOPPOSED MOTION for Extension of Time to File Response/Reply as to [308] Objections - IT IS HEREBY ORDERED that Plaintiff's deadline to respond to Defendants' Rule 72 Objections is extended to and including 5/2/2022. ORDERED by Judge Maryellen Noreika on 4/22/2022. (dlw) |
| Apr 21, 2022 | 309 | Motion for Extension of Time to File Response/Reply (3) Docket Text: UNOPPOSED MOTION for Extension of Time to File Response/Reply as to [308] Objections - filed by The United States of America. (Anis, Shamoor) Modified on 4/22/2022 (dlw). |
| Apr 13, 2022 | 308 | Objections (Main Document) (14) Docket Text: OBJECTIONS by Gilead Sciences Ireland UC, Gilead Sciences, Inc. to [307] Oral Order // Defendants' Rule 72 Objections to Magistrate Judge's Order Concerning Defendants' Motion to Amend Affirmative Defenses. (Attachments: # (1) Transcript)(Cottrell, Frederick) Modified on 4/14/2022 (dlw). |
| Apr 13, 2022 | 308 | Objections (Transcript) (30) Docket Text: OBJECTIONS by Gilead Sciences Ireland UC, Gilead Sciences, Inc. to [307] Oral Order // Defendants' Rule 72 Objections to Magistrate Judge's Order Concerning Defendants' Motion to Amend Affirmative Defenses. (Attachments: # (1) Transcript)(Cottrell, Frederick) Modified on 4/14/2022 (dlw). |
| Apr 4, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel) |
| Mar 30, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' Motion for Leave to Amend Affirmative Defenses (the "Motion"), (D.I. [295]), and the briefing related thereto, (D.I. 296; D.I. 298; D.I. 299), as well as having heard argument on the Motion during a teleconference held on March 28, 2022, hereby ORDERS that the Motion is DENIED. With their Motion, Defendants are seeking to amend their Fifth Affirmative Defense regarding inequitable conduct; the Motion was brought more than seven months after the expiration of the Scheduling Orders July 16, 2021 deadline for amendment of pleadings. (D.I. 27 at para. 2) The Court concludes that Defendants have not demonstrated good cause to alter the Scheduling Order to allow for this very late amendment, in light of Defendants' lack of diligence in failing to amend the inequitable conduct allegations earlier in the case. The Court comes to this conclusion for the following reasons: (1) With regard to the proposed amendments relating to the 2006 Subbarao Study ("Subbarao Study"), by at least April 2021, the Defendants had in their possession various documents that plausibly demonstrated that the named inventors -- Drs. Heneine, Garcia-Lerma, Otten, Janssen and Folks -- had previously been made aware that: (a) the monkeys used in the Subbarao Study had not eaten all of the peanut butter with tenofovir disoproxil fumarate ("TDF") in it during the course of the study and (b) this was an alleged flaw that could have affected the study's outcome. (D.I. 298 at 3 & exs. 5-6, 7-9; D.I. 296 at 3) In their reply brief, Defendants, citing to certain deposition transcripts, respond by suggesting that only at the inventors' January 2022 depositions (which occurred late in the case, due in part to Plaintiff's delays in document production) did Defendants confirm that the inventors had actually been aware of these dosing failures. But the cited deposition transcripts, (D.I. 299 at ex. Q at 29-34, 157-58), relate only to the deposition of one of the inventors (Dr. Otten). And in those pages, Dr. Otten is being asked about information found in the 2006 Subbarao Study itself, (D.I. 298, ex. 5), or in a 2006 critique of the study by Drs. Robert Grant and Mark Wainberg, (id., ex. 6) -- documents that Defendants have had since 2019 and that the inventors would have known about for years before that. (D.I. 298 at 3) While it no doubt bolstered the defense a bit to have an inventor confirming in his deposition that these dosing issues existed and that he was aware of them, in the Court's view, Defendants could have plausibly made the same allegations regarding knowledge/specific intent as of April 2021 (months prior to the deadline for amendments) with the evidence that they had at that time. See Chemours Co. FC, LLC v. Daikin Indus., Ltd., C.A. No. 17-1612 (MN) (CJB), 2022 WL 855518, at *2-3 (D. Del. Mar. 23 2022) (adopting Report and Recommendation); see also Carrier Corp. v. Goodman Glob., Inc., 49 F. Supp. 3d 430, 433 (D. Del. 2014). Inequitable conduct allegations are serious to be sure, and a party should only file them when they have enough evidence to support a plausible claim/defense. But if a party does have such evidence, then it cannot simply sit on its hands and wait to file that claim/defense for months and months (until long after the amendment deadline has passed) on the premise that future depositions will nevertheless help it to "confirm" the truth of those allegations. If such a plan was countenanced, then in almost any case where inequitable conduct is to be alleged, this type of super-late amendment would happen -- and that in turn would wreak havoc on patent case scheduling.; (2) With regard to the proposed amendments relating to Mayer 2006, as of April 2021 Defendants were aware of: (a) Dr. Heneine's knowledge of the Mayer 2006 abstract; and (b) the fact that Dr. Heneine did not disclose that art to the U.S. Patent & Trademark Office ("PTO"). (D.I. 298 at 2 & exs. 1-2) Defendants assert, however, that only after Dr. Heneine's January 2022 deposition did they confirm for sure that Dr. Heneine made a deliberate decision not to disclose the reference. (D.I. 299 at 1 (citing D.I. 296 at ex. K at 213-14)) But again, the question here is simply whether Defendants could have made out a plausible allegation of Dr. Heneine's specific intent to deceive before the pleading deadline. They could have. There is no requirement that in order to make a plausible assertion that an inventor made a deliberate decision not to submit a reference, the pleading party has to first depose the inventor and get him to admit that, in fact, he made such a deliberate decision. Indeed, even in their proposed amended pleading, (D.I. 295, ex. 1), Defendants do not explicitly cite to Dr. Heneine's deposition testimony in order to establish this point.; and (3) With regard to the proposed amendments relating to the September 2005 CDC PEP Guidelines, Defendants have been aware of the those guidelines and Dr. Heneine's authorship thereof -- as well Dr. Heneine's failure to disclose the guidelines to the PTO -- since at least April 2021. (D.I. 298 at 2 & exs. 2-3) While again, it may be that Dr. Heneine's January 2022 deposition was the first time that he "confirmed" that he intentionally did not disclose this reference to the PTO, (see D.I. 296, ex. K at 213-14), for the same reasons as discussed above as to the Mayer 2006 reference, Defendants could have made a plausible allegation of Dr. Heneine's knowledge and specific intent prior to the deadline for amending pleadings. Ordered by Judge Christopher J. Burke on 3/30/2022. (mlc) |
| Mar 28, 2022 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing teleconference held on 3/28/2022 regarding D.I. [295] MOTION for Leave to Amend Affirmative Defenses with Rule 7.1.1. Certification filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. The Court heard the parties' arguments regarding the motion. The Court took the motion under advisement and will issue a forthcoming order. (Court Reporter Jennifer Guy. Clerk: E. Bryant-Alvarez) APPEARANCES: S. Anis, W. Brown, R. Sternhell, L. Noyola, and N. Luman for Plaintiff; F. Cottrell, III, K. Farnan and D. Bassett for Defendants. (mlc) |
| Mar 18, 2022 | 305 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of the Expert Report of DeForest McDuff, Ph.D., the Expert Report of Dr. Robert Murphy, M.D., and the Expert Report of Andrea Brancale, Ph.D, filed by The United States of America.(Holvey, Patrick) |
| Mar 18, 2022 | 306 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Opening Expert Report of Charles W. Flexner, M.D.; (2) Opening Expert Report of Robert Stoll; (3) Opening Expert Report of Wesley D. Blakeslee; and (4) Opening Expert Report of David W. Feigal Jr., M.D. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Mar 17, 2022 | 304 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Andy J. Miller as co-counsel. Reason for request: no longer associated with Dept. of Justice. (Anis, Shamoor) |
| Mar 14, 2022 | 303 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [299] Letter, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit O, # (2) Exhibit P, # (3) Exhibit Q)(Cottrell, Frederick) |
| Mar 14, 2022 | 303 | Redacted Document (Exhibit O) (3) Docket Text: REDACTED VERSION of [299] Letter, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit O, # (2) Exhibit P, # (3) Exhibit Q)(Cottrell, Frederick) |
| Mar 14, 2022 | 303 | Redacted Document (Exhibit P) (4) Docket Text: REDACTED VERSION of [299] Letter, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit O, # (2) Exhibit P, # (3) Exhibit Q)(Cottrell, Frederick) |
| Mar 14, 2022 | 303 | Redacted Document (Exhibit Q) (9) Docket Text: REDACTED VERSION of [299] Letter, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit O, # (2) Exhibit P, # (3) Exhibit Q)(Cottrell, Frederick) |
| Mar 9, 2022 | 302 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [298] Letter, (No redactions made) by The United States of America. (Attachments: # (1) Exhibit 1-13)(Anis, Shamoor) |
| Mar 9, 2022 | 302 | Redacted Document (Exhibit 1-13) (30) Docket Text: REDACTED VERSION of [298] Letter, (No redactions made) by The United States of America. (Attachments: # (1) Exhibit 1-13)(Anis, Shamoor) |
| Mar 8, 2022 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER: The Court has considered the parties' March 7, 2022 joint letter, (D.I. 300), and HEREBY ORDERS as follows: (1) The parties' request to schedule a teleconference on Defendants' motion for leave to file an amended answer and affirmative defenses, (D.I. 295), is GRANTED. Oral argument will be held telephonically on March 28, 2022 at 11:00 a.m. before Judge Christopher J. Burke; and (2) By no later than March 24, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 3/8/2022. (dlb) |
| Mar 7, 2022 | 300 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Frederick L. Cottrell, III regarding Request for Teleconference - re [295] MOTION for Leave to Amend Affirmative Defenses with Rule 7.1.1. Certification . (Cottrell, Frederick) |
| Mar 2, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 297 removed per Request of Counsel due to error, will be re-filed. (twk) |
| Mar 2, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 298 has been placed UNDER SEAL and the docket text updated to reflect such at the request of counsel. (dlw) |
| Mar 2, 2022 | 297 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [296] Letter, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-N)(Ewing, Alexandra) |
| Mar 2, 2022 | 297 | Redacted Document (Exhibits A-N) (30) Docket Text: REDACTED VERSION of [296] Letter, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-N)(Ewing, Alexandra) |
| Feb 23, 2022 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: [295] MOTION for Leave to Amend Affirmative Defenses with Rule 7.1.1. Certification Motion referred to Christopher J. Burke.(dlb) |
| Feb 23, 2022 | 295 | Motion for Miscellaneous Relief (Main Document) (3) Docket Text: MOTION for Leave to Amend Affirmative Defenses with Rule 7.1.1. Certification - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit 1, # (3) Exhibit 2)(Cottrell, Frederick) |
| Feb 23, 2022 | 295 | Motion for Miscellaneous Relief (Text of Proposed Order) (1) Docket Text: MOTION for Leave to Amend Affirmative Defenses with Rule 7.1.1. Certification - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit 1, # (3) Exhibit 2)(Cottrell, Frederick) |
| Feb 23, 2022 | 295 | Motion for Miscellaneous Relief (Exhibit 1) (30) Docket Text: MOTION for Leave to Amend Affirmative Defenses with Rule 7.1.1. Certification - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit 1, # (3) Exhibit 2)(Cottrell, Frederick) |
| Feb 23, 2022 | 295 | Motion for Miscellaneous Relief (Exhibit 2) (30) Docket Text: MOTION for Leave to Amend Affirmative Defenses with Rule 7.1.1. Certification - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit 1, # (3) Exhibit 2)(Cottrell, Frederick) |
| Feb 22, 2022 | 294 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Rachel Gupte filed by The United States of America.(Rosato, Carrie) |
| Feb 9, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER - Consistent with the Scheduling Orders, the parties contacted chambers to request a teleconference date for Defendants' anticipated motion to amend, IT IS HEREBY ORDERED that the anticipated motion to amend is referred to Magistrate Judge Burke. Consistent with Judge Burke's procedures, any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading. Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend. ORDERED by Judge Maryellen Noreika on 2/9/2022. (dlw) |
| Feb 8, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion and briefing, (D.I. 272; D.I. 273-74; D.I. 281-82), which involved one dispute raised by Defendants and many disputes raised by Plaintiff ("the Government"), and having heard argument during a teleconference on February 7, 2022 in which the Court resolved Defendants' dispute (by DENYING the request as moot), hereby ORDERS as follows with regard to the disputes raised by the Government: (1) The disputes regarding the Government's Rule 30(b)(6) deposition topics 4, 5, 33, 35 and 54 to GSIUC and topics 19 and 46 to GSI are DENIED as MOOT, in light of the parties' agreement that those disputes are no longer live.; (2) With regard to the dispute as to topic 6 to GSIUC (related to the preparation and contents of materials that discuss the use of an Accused Product for PrEP), (D.I. 281, ex. A at A3), the request is GRANTED. Defendants objected on the ground that the topic encompassed the non-U.S.-based use of an Accused Product for PrEP and that such subject matter is irrelevant, (D.I. 281 at 1), but on the teleconference, the Government confirmed that it did not intend to ask the witness about that subject matter. Defendants also argued that the Government should have identified certain relevant documents in advance that it wished to ask the witness about, (id. at 1-2); again, on the teleconference, the Government said it would do so. Defendants remaining objection is that the request for a witness on the topic is untimely. But the Government notes that it intends to ask the witness only about GSIUC documents that were produced very recently (i.e., in January 2022); thus, the Court cannot see how the requested deposition was the product of undue delay.; (3) With regard to the dispute as to topic 23 to GSI and GSIUC (related to "Gilead's preparation, filing, and prosecution of trademarks relating to PrEP"), (D.I. 281, ex. A at A7), the request is DENIED. First, the Court agrees with Defendants that it is hard to see how any of the sought-after testimony is relevant to the Government's induced infringement claims. When asked what the process of prosecuting the trademarks at issue had to do with the inducement claims, the Government cited to statements in prosecution records that indicated that Defendants were aware of proof of prior commercial use of the marks. But it appears that testimony relating to prior commercial use has already been provided by a Rule 30(b)(6) witness (pursuant to Topic 22)the very same witness who would have to be called again to provide cumulative testimony about that same subject matter, were this request granted. And the Court otherwise does not see (nor has the Government persuasively explained) how any additional relevant, non-cumulative testimony on this subject likely exists.; (4) With regard to the dispute as to topics 44 and 45 to GSI (related to the "bases" for certain statements that Gilead CEO Mr. O'Day made to Congress regarding patent validity issues or the pricing of Truvada for PrEP), (D.I. 281, ex. A at A11), the request is GRANTED. For the reasons set out by the Government, it appears to the Court that the underlying subject matter referenced in these portions of Mr. O'Day's testimony is relevant to the case. That said, the Court definitely acknowledges Defendants' pointi.e., that when it comes to the "bases" for Mr. O'Day's statements about this subject matter, many (if not most, or all) of the Government's questions are likely to draw privilege or work product-related objections and instructions not to answer. (D.I. 281 at 2) But in the Court's view, just because viable objections might limit the usable answers the Government receives from a deposition, that does not mean that the Government has failed to establish its entitlement to take the deposition in the first place (which it has here).; and (5) With regard to the Government's renewed request to obtain documents relating to the considerations and setting of the original price of Truvada in 2004 (i.e., documents falling outside of the Default Standard's presumptive six-year window for ESI discovery), the request is again DENIED. The Government needed to demonstrate good cause to obtain documents beyond this six-year mark. Here, in its letter brief, the Government made only very limited argument (and cited to only to one page of relevant deposition transcripts) in order to make its case. (D.I. 273 at 3 (citing id., ex. B at 115:22-116:23)) That is not the kind of fulsome showing that is needed to demonstrate good cause. Ordered by Judge Christopher J. Burke on 2/8/2022. (dlb) |
| Feb 7, 2022 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 2/7/2022. The Court heard the parties' arguments regarding the parties' Joint Motion for Teleconference to Resolve Discovery Dispute. (D.I. 272) After hearing the parties regarding the dispute, the Court denied as moot the remaining issues in Defendants letter brief, (D.I. 274), on the record and the transcript shall serve as the substance of the Court's Order. As to the issues in Plaintiffs letter brief, (D.I. 273), the Court took them under advisement and will issue a forthcoming order. (Court Reporter Deanna Warner). (Clerk: E. Bryant-Alvarez) APPEARANCES: S. Anis, W. Brown, A. Miller and N. Luman for Plaintiff; F. Cottrell, III, A. Ewing, and T. Cook for Defendants. (Court Reporter Deanna Warner, Hawkins Reporting.) (dlb) |
| Feb 3, 2022 | 291 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Frederick L. Cottrell, III regarding Resolution of Some Disputes Raised in D.I. 274 - re [274] Letter. (Cottrell, Frederick) |
| Feb 1, 2022 | 287 | Redacted Document (30) Docket Text: REDACTED VERSION of [273] Letter by The United States of America. (Anis, Shamoor) Modified on 2/1/2022 (dlw). |
| Feb 1, 2022 | 288 | Redacted Document (25) Docket Text: REDACTED VERSION of [282] Letter by The United States of America. (Anis, Shamoor) Modified on 2/1/2022 (dlw). |
| Feb 1, 2022 | 289 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [274] Letter regarding Discovery Dispute by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits 1-10)(Ewing, Alexandra) |
| Feb 1, 2022 | 289 | Redacted Document (Exhibits 1-10) (30) Docket Text: REDACTED VERSION of [274] Letter regarding Discovery Dispute by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits 1-10)(Ewing, Alexandra) |
| Feb 1, 2022 | 290 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [281] Letter regarding Opposition to the Government's Motion to Compel by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-Q)(Ewing, Alexandra) |
| Feb 1, 2022 | 290 | Redacted Document (Exhibits A-Q) (30) Docket Text: REDACTED VERSION of [281] Letter regarding Opposition to the Government's Motion to Compel by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-Q)(Ewing, Alexandra) |
| Jan 31, 2022 | 286 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Amended Supplemental Objections and Responses to Interrogatory Nos. 1-2, 4, 6-9, 11-13, 16-17, 19-21, 28 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 28, 2022 | 283 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Arthur "AJ" Pignotti on February 4, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 28, 2022 | 284 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of John M. Coster on February 8, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 28, 2022 | 285 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's First Supplemental Objections and Responses to Defendants' Sixth Set of Interrogatories (Nos. 32-35) filed by The United States of America.(Brown, Walter) |
| Jan 25, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [280] STIPULATION TO EXTEND TIME to submit Redacted Public Versions of the United States of Americas Letter to the Honorable Christopher J. Burke re Discovery Dispute (D.I. 273) and Defendants Discovery Dispute Letter (D.I. 274) to February 1, 2022 filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. Ordered by Judge Christopher J. Burke on 1/25/2021. (dlb) |
| Jan 24, 2022 | 280 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to submit Redacted Public Versions of the United States of Americas Letter to the Honorable Christopher J. Burke re Discovery Dispute (D.I. 273) and Defendants Discovery Dispute Letter (D.I. 274) to February 1, 2022 - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) |
| Jan 21, 2022 | 276 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Bill & Melinda Gates Foundation by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Jan 21, 2022 | 276 | Notice (Other) (Exhibit 1) (14) Docket Text: NOTICE of Subpoena to Bill & Melinda Gates Foundation by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Jan 21, 2022 | 277 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Gilead's Fourth Set of Requests for Admission (Nos. 10-50) filed by The United States of America.(Brown, Walter) |
| Jan 21, 2022 | 278 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Gilead's Sixth Set of Interrogatories (Nos. 32-35) filed by The United States of America.(Brown, Walter) |
| Jan 21, 2022 | 279 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants' Supplemental Objections and Responses to Plaintiff's Interrogatory Nos. 1-2, 4, 6-9, 11-13, 16-17, 19-21, 28 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 20, 2022 | 275 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Declan Hickey on January 21, 2022, filed by The United States of America.(Holvey, Patrick) |
| Jan 18, 2022 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: [272] MOTION for Teleconference to Resolve Discovery Dispute re [261] Order Setting Teleconference Motion referred to Christopher J. Burke.(dlb) |
| Jan 18, 2022 | 271 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Conrad Dewitte on behalf of All Plaintiffs (Dewitte, Conrad) |
| Jan 18, 2022 | 272 | Motion for Miscellaneous Relief (2) Docket Text: MOTION for Teleconference to Resolve Discovery Dispute re [261] Order Setting Teleconference,,,,,, - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Jan 17, 2022 | 268 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Mary Wilson on January 19, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 17, 2022 | 269 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Karen Hoover on January 21, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 17, 2022 | 270 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Elin Begley on January 20, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 14, 2022 | 264 | Notice (Other) (1) Docket Text: NOTICE of Appearance of Lena A. Yueh by The United States of America (Holvey, Patrick) |
| Jan 14, 2022 | 265 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Mae Lai on January 19, 2022, filed by The United States of America.(Holvey, Patrick) |
| Jan 14, 2022 | 266 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Sonja Tong on January 20, 2022, filed by The United States of America.(Holvey, Patrick) |
| Jan 14, 2022 | 267 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Amended Federal Rule of Civil Procedure 26(a)(1) Initial Disclosures filed by The United States of America.(Holvey, Patrick) |
| Jan 11, 2022 | 262 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Norman Schmuff on January 21, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 11, 2022 | 263 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Eighth Supplemental Objections and Responses to Defendant's First Set of Interrogatories (No. 11) filed by The United States of America.(Rosato, Carrie) |
| Jan 10, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER - Consistent with the Scheduling Order, the parties contacted Chambers on 1/7/2022 to request a discovery dispute teleconference date, IT IS HEREBY ORDERED that the discovery disputes referenced in the parties' 1/7/2022 email to Chambers are referred to Magistrate Judge Burke. The parties are directed to file Magistrate Judge Burke's "Motion to Resolve Discovery Dispute" which can be found at https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke, forms. ORDERED by Judge Maryellen Noreika on 1/10/2022. (dlw) |
| Jan 10, 2022 | 260 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Sosun Bae on behalf of The United States of America (Bae, Sosun) |
| Jan 10, 2022 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court, having been referred two discovery disputes via the District Court's January 10, 2022 oral order, (D.I. 259), hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for February 7, 2022 at 10:00 a.m. before Judge Christopher J. Burke.; (3) By January 18, 2022, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By January 25, 2022, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) By no later than January 31, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call; and (6) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 1/10/2022. (ceg) |
| Jan 3, 2022 | 258 | Notice (Other) (1) Docket Text: NOTICE of Appearance of Andy J. Miller by The United States of America (Holvey, Patrick) |
| Dec 30, 2021 | 254 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Sukeethi Seetharaman on January 12, 2022, filed by The United States of America.(Holvey, Patrick) |
| Dec 30, 2021 | 255 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Stefania Attard on January 11, 2022, filed by The United States of America.(Holvey, Patrick) |
| Dec 30, 2021 | 256 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Melissa Koomey on January 6, 2022, filed by The United States of America.(Holvey, Patrick) |
| Dec 30, 2021 | 257 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dana Pizzuti by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 30, 2021 | 257 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Dana Pizzuti by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 27, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Scott G. Greene for Gilead Sciences Ireland UC, and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) |
| Dec 27, 2021 | 253 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Michael Hitchcock, PhD by The United States of America (Attachments: # (1) Exhibit 1 & 2)(Holvey, Patrick) |
| Dec 27, 2021 | 253 | Notice (Other) (Exhibit 1 & 2) (30) Docket Text: NOTICE of Subpoena to Michael Hitchcock, PhD by The United States of America (Attachments: # (1) Exhibit 1 & 2)(Holvey, Patrick) |
| Dec 23, 2021 | 250 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [232] Letter, by The United States of America. (Attachments: # (1) Exhibit Redacted)(Anis, Shamoor) |
| Dec 23, 2021 | 250 | Redacted Document (Exhibit Redacted) (30) Docket Text: REDACTED VERSION of [232] Letter, by The United States of America. (Attachments: # (1) Exhibit Redacted)(Anis, Shamoor) |
| Dec 23, 2021 | 251 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [241] Letter, by The United States of America. (Attachments: # (1) Exhibit Redacted)(Anis, Shamoor) |
| Dec 23, 2021 | 251 | Redacted Document (Exhibit Redacted) (30) Docket Text: REDACTED VERSION of [241] Letter, by The United States of America. (Attachments: # (1) Exhibit Redacted)(Anis, Shamoor) |
| Dec 23, 2021 | 252 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [242] Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-T)(Cottrell, Frederick) |
| Dec 23, 2021 | 252 | Redacted Document (Exhibit A-T) (30) Docket Text: REDACTED VERSION of [242] Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-T)(Cottrell, Frederick) |
| Dec 22, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [248] MOTION for Pro Hac Vice Appearance of Attorney Scott G. Greene filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. ORDERED by Judge Maryellen Noreika on 12/22/2021. (dlw) |
| Dec 22, 2021 | 249 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendants' Sixth Set of Interrogatories to the United States of America and (2) Defendants' Fourth Set of Requests for Admission to Plaintiff filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Dec 21, 2021 | 246 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Matthew David Tanner on behalf of The United States of America (Tanner, Matthew) |
| Dec 21, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion and briefing, (D.I. 227; D.I. 232-33; D.I. 241-42), which involved one dispute raised by Defendants and four disputes raised by Plaintiff ("the Government"), having heard argument during a teleconference on December 20, 2021 in which the Court resolved Defendants' dispute (by GRANTING the requested protective order) and resolved one of the four disputes raised by the Government (by GRANTING its request for discovery relating to Defendant GSIUC), hereby ORDERS as follows with regard to the Government's three remaining disputes: (1) With regard to the request that Defendants produce documents responsive to RFP No. 222 (relating to manufacturing costs and other factors considered by Gilead in determining the initial price of Truvada in 2004), the request is DENIED. The Court's Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") (the "Default Standard") sets a presumption that discovery from six years or more before the case's filing will not be permitted. Default Standard at Section 4(e) ("Absent a showing of good cause, follow-up discovery shall be limited to a term of 6 years before the filing of the complaint[.]"). Here, in the few sentences of argument on this point in its briefing, (D.I. 232 at 3), the Government does not provide enough information to establish the requisite good cause. During the teleconference, the Government suggested that good cause was established because it was only in 2004, and at no time thereafter, that Defendants had extensive discussions relating to the factors contributing to Truvada pricing decisions. However, that assertion is merely attorney argument, as there is no record evidence before the Court supporting such a conclusion.; (2) With regard to the Government's request that Defendants produce documents responsive to RFP No. 263 (relating to meetings of Gilead's Board of Directors ("Board") or Executive Committee ("EC") that discussed pricing of Truvada for PrEP or Descovy for PreEP or the patents-in-suit from 2007 to present), the request is GRANTED-IN-PART and DENIED-IN-PART. First, to the extent that the Request calls for documents from prior to six years before this suit's filing, for reasons set out above, the Government has not sufficiently demonstrated why it is entitled to such documents. Next, as to documents dating from six years prior to suit and thereafter, the Government provided various articulations as to why such documents might be relevant (i.e., that they are "crucial to understanding Gilead's decision making as it relates to the pricing and sales of the Accused Products for PrEP, Gilead's awareness of the Patents-in-Suit, Gileads decision to file IPR petitions on the Patents-in-Suit, and Gilead's decision to file suit in the Court of Federal Claims"). (D.I. 232 at 3) But as to all of those issues with the exception of pricing, Defendants proffered a declaration indicating that review of an exemplary set of such documents indicates that there are not likely to be any or many non-privileged responsive materials. (D.I. 242, ex. A at para. 10) That leaves the issue of Board/EC meeting documents that relate to pricing; on that front, the Court is not prepared for say (as Defendants would like it to) that such documents are necessarily irrelevant to damages-related issues, such as the calculation of a reasonable royalty. And Defendants do not represent that the Board/EC never received presentations on this topic (indeed, it seems reasonable to the Court that they would have). Therefore, as to this RFP, the Court ORDERS that Defendants should produce responsive documents regarding pricing within the six-year cut off set by the Default Standard, and should do so in a reasonable time period.; and (3) Lastly, with regard to the Government's request that Defendants perform targeted searches for documents from three additional ESI custodians (Daniel O'Day, Dr. Terrance Dahl, and Traci Carrithers), the request is GRANTED-IN-PART and DENIED-IN-PART. As an initial matter, the Court notes that the Default Standard provides that a party must search the ESI of up to 10 custodians, Default Standard at Section 3(a) & 5(b), and Defendants have already done so, (D.I. 242 at 2). So Plaintiff must show good cause as to why more should be required. As to Mr. O'Day, for the reasons the Court expressed on the teleconference, it is skeptical that this witness has a significant amount of non-privileged responsive material. Thus, an insufficient showing has been made to add him as a custodian at this time. With regard to Dr. Dahl, although the Government suggests that he should be added to the custodial list because Defendants rely "extensively" "in [their] invalidity contentions" on a piece of prior art as to which Dr. Dahl was the lead inventor, (D.I. 232 at 2), in reality, this reference is "not among the obvious combinations in Defendants final invalidity contentions[,]" (D.I. 242 at 3) and it is just one of many pieces of prior art referenced in those contentions. Thus, good cause has not been shown here either. As to Ms. Carrithers, it is undisputed that she is included on very relevant communications regarding, inter alia, certain material transfer agreements at issue in this case. (D.I. 232 at 2) Defendants argue that there is nevertheless no need to add Ms. Carrithers as a custodian because she was the assistant to one of their 10 custodians (Dr. Bischofberger), and because it is likely that most or all of the responsive documents in her possession would be cumulative of others already produced. (D.I. 242 at 3) But Defendants bore the burden to demonstrate the likely accuracy of this assertion, and the Court simply does not have the record to conclude that a great deal of such relevant documents in Ms. Carrithers' custody would be cumulative. Therefore, it ORDERS that documents responsive to RFP No. 221 that are in her custody be produced in a reasonable time period.Ordered by Judge Christopher J. Burke on 12/21/2021. (mlc) |
| Dec 21, 2021 | 248 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Scott G. Greene - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) |
| Dec 20, 2021 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 12/20/2021. The Court heard the parties' arguments regarding the parties' Joint Motion for Teleconference to Resolve Discovery Dispute. (D.I. 227) After hearing the parties regarding the dispute, the Court resolved two issues on the record and as to those issues, the transcript shall serve as the substance of the Court's Order. The Court took the remaining matters under advisement and will issue a forthcoming order. (Court Reporter Stacy Ingram (Hawkins). Clerk: E. Bryant-Alvarez) APPEARANCES: S. Anis, W. Brown, P. Holvey, and C. Rosato for Plaintiff; F. Cottrell, III, K. Farnan, R. Machen, D. Bassett, and J. Cox for Defendants. (mlc) |
| Dec 20, 2021 | 245 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Lucy Grace D. Noyola on behalf of The United States of America (Noyola, Lucy Grace) |
| Dec 17, 2021 | 243 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Jeremiah Mitzelfelt on January 7, 2022 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Dec 17, 2021 | 244 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Irell & Manella LLP by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 17, 2021 | 244 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Irell & Manella LLP by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 16, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [240] STIPULATION TO EXTEND TIME to submit a Redacted Public Version of the United States of America's Letter to the Honorable Christopher J. Burke re Discovery Dispute to December 23, 2021 filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. Ordered by Judge Christopher J. Burke on 12/16/2021. (mlc) |
| Dec 16, 2021 | 239 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to FHI360 by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Dec 16, 2021 | 239 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to FHI360 by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Dec 16, 2021 | 240 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to submit a Redacted Public Version of the United States of America's Letter to the Honorable Christopher J. Burke re Discovery Dispute to December 23, 2021 - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) |
| Dec 13, 2021 | 237 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Jennifer Luetgens on December 17, 2021, filed by The United States of America.(Holvey, Patrick) |
| Dec 13, 2021 | 238 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Final Invalidity Contentions filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Dec 10, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The main document in D.I. [233] Letter OPENING BRIEF in Support re [227] Joint MOTION for Hearing has been DELETED and RE-FILED with its corrected version. (asw) |
| Dec 10, 2021 | 233 | Letter (Main Document) (5) Docket Text: Letter to The honorable Christopher J. Burke from Frederick L. Cottrell, III regarding Discovery Dispute - re [227] Joint MOTION for Hearing - Teleconference to Resolve Discovery Dispute. (Attachments: # (1) Exhibits A-I)(Cottrell, Frederick) |
| Dec 10, 2021 | 233 | Letter (Exhibits A-I) (30) Docket Text: Letter to The honorable Christopher J. Burke from Frederick L. Cottrell, III regarding Discovery Dispute - re [227] Joint MOTION for Hearing - Teleconference to Resolve Discovery Dispute. (Attachments: # (1) Exhibits A-I)(Cottrell, Frederick) |
| Dec 10, 2021 | 234 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Gregg Alton by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 10, 2021 | 234 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Gregg Alton by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 10, 2021 | 235 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Howard Jaffe by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 10, 2021 | 235 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Howard Jaffe by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 10, 2021 | 236 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Norbert Bischofberger by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 10, 2021 | 236 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Norbert Bischofberger by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Dec 9, 2021 | 230 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Madeline Miller by The United States of America (Attachments: # (1) Exhibit 1 & 2)(Holvey, Patrick) Modified on 12/13/2021 (dlw). |
| Dec 9, 2021 | 230 | Notice (Other) (Exhibit 1 & 2) (30) Docket Text: NOTICE of Subpoena to Madeline Miller by The United States of America (Attachments: # (1) Exhibit 1 & 2)(Holvey, Patrick) Modified on 12/13/2021 (dlw). |
| Dec 9, 2021 | 231 | Notice (Other) (Main Document) (2) Docket Text: AMENDED NOTICE of Subpoena to Madeline Miller by The United States of America (Attachments: # (1) Exhibit Exhibits 1 & 2)(Holvey, Patrick) Modified on 12/13/2021 (dlw). |
| Dec 9, 2021 | 231 | Notice (Other) (Exhibit Exhibits 1 & 2) (30) Docket Text: AMENDED NOTICE of Subpoena to Madeline Miller by The United States of America (Attachments: # (1) Exhibit Exhibits 1 & 2)(Holvey, Patrick) Modified on 12/13/2021 (dlw). |
| Dec 3, 2021 | 227 | Motion for Hearing (2) Docket Text: Joint MOTION for Hearing - Teleconference to Resolve Discovery Dispute - filed by The United States of America. (Anis, Shamoor) |
| Dec 3, 2021 | 228 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Russell Fleischer on December 22, 2021 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Farnan, Kelly) |
| Dec 3, 2021 | 229 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Cindy Sherwood's Objections and Responses to Defendants' Subpoena to Testify at a Deposition re [213] Notice (Other) filed by The United States of America.(Brown, Walter) |
| Dec 2, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - Consistent with the Scheduling Order, on 12/1/2021 the parties contacted Chambers to request a teleconference date for several discovery disputes, IT IS HEREBY ORDERED that these disputes are referred to Magistrate Judge Burke. The parties are directed file Magistrate Judge Burke's "Motion to Resolve Discovery Dispute" which can be found at https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke, forms. ORDERED by Judge Maryellen Noreika on 12/2/2021. (dlw) |
| Dec 2, 2021 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court, having been referred several discovery disputes via Judge Noreika's December 2, 2021 oral order, (D.I. 225), hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 12/20/2021 at 1:00 PM before Judge Christopher J. Burke.; (3) By December 9, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By December 16, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) By no later than December 16, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call; and (6) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 12/2/2021. (dlb) |
| Dec 1, 2021 | 224 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. David Glidden by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Dec 1, 2021 | 224 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Dr. David Glidden by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Farnan, Kelly) |
| Nov 26, 2021 | 222 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Greg Szekeres by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Nov 26, 2021 | 222 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Greg Szekeres by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Nov 26, 2021 | 223 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Thomas J. Coates, Ph.D by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Nov 26, 2021 | 223 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Thomas J. Coates, Ph.D by The United States of America (Attachments: # (1) Exhibit 1)(Holvey, Patrick) |
| Nov 24, 2021 | 220 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of William Lee, Ph.D. on January 14, 2022, filed by The United States of America.(Holvey, Patrick) |
| Nov 24, 2021 | 221 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of First Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Nov 22, 2021 | 216 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Michael Miller, Ph.D., on January 14, 2022, filed by The United States of America.(Holvey, Patrick) |
| Nov 22, 2021 | 217 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to San Francisco Department of Health by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 22, 2021 | 217 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to San Francisco Department of Health by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 22, 2021 | 218 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Susan Buchbinder by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 22, 2021 | 218 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Dr. Susan Buchbinder by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 22, 2021 | 219 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Objections and Responses to Plaintiff's Notice of Deposition of Gilead Sciences, Inc. Under Fed. R. Civ. P. 30(b)(6) and (2) Objections and Responses to Plaintiff's Notice of Deposition of Gilead Sciences Ireland UC Under Fed. R. Civ. P. 30(b)(6) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Nov 19, 2021 | 215 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Marcus Conant by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 19, 2021 | 215 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Marcus Conant by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 18, 2021 | 214 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Objections & Responses to Plaintiff's Interrogatory Nos. 19-28 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Nov 17, 2021 | 212 | Transcript (29) Docket Text: Official Transcript of Discovery Dispute Teleconference held on 11/09/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/8/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/15/2022. (dh) |
| Nov 17, 2021 | 213 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Cindy Sherwood by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 17, 2021 | 213 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Cindy Sherwood by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 16, 2021 | 211 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Martha Vazquez on December 6, 2021, filed by The United States of America.(Holvey, Patrick) |
| Nov 15, 2021 | 210 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Sixth Set of Requests for Production of Documents and Things filed by The United States of America.(Brown, Walter) |
| Nov 12, 2021 | 208 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoean to Dr. Renee Ridzon by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 12, 2021 | 208 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoean to Dr. Renee Ridzon by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Nov 12, 2021 | 209 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Final Claim Charts on Infringement by Gilead filed by The United States of America.(Holvey, Patrick) |
| Nov 11, 2021 | 207 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Notice of Rule 30(b)(6) Deposition filed by The United States of America.(Rosato, Carrie) |
| Nov 10, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 202 has been UNSEALED at the request of counsel. (dlw) |
| Nov 10, 2021 | 206 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [199] Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits 1-12)(Ewing, Alexandra) |
| Nov 10, 2021 | 206 | Redacted Document (Exhibits 1-12) (30) Docket Text: REDACTED VERSION of [199] Letter by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits 1-12)(Ewing, Alexandra) |
| Nov 9, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Discovery Dispute Telephone Conference held on 11/9/2021. Arguments heard on the parties' discovery disputes ([199], [202]). The transcript shall serve as the Court's order. (Court Reporter Dale Hawkins.) (mdb) |
| Nov 9, 2021 | 204 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dr. James Rooney on January 18, 2022, filed by The United States of America.(Holvey, Patrick) |
| Nov 9, 2021 | 205 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Daniel O'Day on January 20, 2022, filed by The United States of America.(Holvey, Patrick) |
| Nov 5, 2021 | 203 | SO ORDERED (6) Docket Text: SO ORDERED re [201] Joint Stipulated Order (Knobbe, Martens Protective Order). Signed by Judge Maryellen Noreika on 11/5/2021. (dlw) |
| Nov 4, 2021 | 201 | Proposed Order (6) Docket Text: Joint PROPOSED ORDER disclosure of Gilead's Restricted Information to individuals associated with Knobbe Martens by The United States of America. (Brown, Walter) |
| Nov 4, 2021 | 202 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding Government's Response to DI 199 - re [199] Letter. (Attachments: # (1) Exhibit Nos. 1-4)(Brown, Walter) Modified on 11/10/2021 (dlw). |
| Nov 4, 2021 | 202 | Letter (Exhibit Nos. 1-4) (30) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding Government's Response to DI 199 - re [199] Letter. (Attachments: # (1) Exhibit Nos. 1-4)(Brown, Walter) Modified on 11/10/2021 (dlw). |
| Nov 3, 2021 | 200 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's Third Set of Requests for Production of Documents and Things (Nos. 251-265) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Nov 2, 2021 | 198 | Notice to Take Deposition (2) Docket Text: AMENDED NOTICE to Take Deposition of Marta Ackers on Amended Date of November 12, 2021 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Cottrell, Frederick) Modified on 11/2/2021 (dlw). |
| Nov 1, 2021 | 194 | Notice to Take Deposition (15) Docket Text: NOTICE to Take Deposition of Gilead Sciences, Inc. on December 15, 2021 filed by The United States of America.(Brown, Walter) |
| Nov 1, 2021 | 195 | Notice to Take Deposition (16) Docket Text: NOTICE to Take Deposition of Gilead Sciences Ireland UC on December 15, 2021 filed by The United States of America.(Brown, Walter) |
| Nov 1, 2021 | 196 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kavitha Parthasarathy on December 9, 2021 filed by The United States of America.(Holvey, Patrick) |
| Nov 1, 2021 | 197 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Manish Bisaria on December 8, 2021 filed by The United States of America.(Holvey, Patrick) |
| Oct 29, 2021 | 192 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Gilead Sciences Ireland UCs Supplemental Objection and Response to Plaintiffs Interrogatory No. 1 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Farnan, Kelly) |
| Oct 29, 2021 | 193 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. David Burns Objections and Responses to Defendants Subpoena to Testify at a Deposition and Dr. David Burns' Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) |
| Oct 28, 2021 | 191 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Third Set of Requests For Admission (Nos. 8-9) filed by The United States of America.(Brown, Walter) |
| Oct 22, 2021 | 186 | Memorandum and Order (13) Docket Text: MEMORANDUM ORDER REGARDING CLAIM CONSTRUCTION. Signed by Judge Maryellen Noreika on 10/22/2021. (dlw) |
| Oct 22, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - The parties have informed the Court that they have a dispute about whether the Court's oral ruling on all claim construction disputes triggered the provisions of the Scheduling Order based on the date of claim construction (see D.I. 27, par. 7). Although the order after the claim construction hearing was inadvertently not docketed until today, the parties have had the Court's claim constructions since August 4, 2021. Therefore, IT IS HEREBY ORDERED that the parties shall use August 4, 2021 as the date of the "issuance of the Court's claim construction order" as that term is used in the Scheduling Order. To the extent that any of the dates in the Scheduling Order have already passed, the parties shall meet and confer and agree upon new dates that will not interfere with the completion of fact discovery in this case. ORDERED by Judge Maryellen Noreika on 10/22/2021. (dlw) |
| Oct 22, 2021 | 188 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Jeffrey Murray's Objections and Responses to Defendants' Subpoena to Testify at a Deposition and Dr. Jeffrey Murray's Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) |
| Oct 22, 2021 | 189 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Linda Lewis' Objections and Responses to Defendants' Subpoena to Testify at a Deposition and Dr. Linda Lewis' Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) |
| Oct 22, 2021 | 190 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Fifth Set of Interrogatories (No. 31) filed by The United States of America.(Brown, Walter) |
| Oct 19, 2021 | 185 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Third Supplemental Objections and Responses to Plaintiff's Interrogatory Nos. 4 & 6 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Oct 14, 2021 | 184 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Fifth Set of Requests for Production of Documents and Things (Nos. 246-248) filed by The United States of America.(Holvey, Patrick) |
| Oct 13, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 178 has been deleted from the docket at the request of counsel. The notice of service was previously filed. (dlw) |
| Oct 13, 2021 | 181 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Supplemental Identification of Prior Art References filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Oct 13, 2021 | 182 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Sixth Set of Requests for Documents and Things filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Oct 13, 2021 | 183 | Notice to Take Deposition (30) Docket Text: NOTICE to Take Deposition of United States of America on December 13, 2021 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Oct 12, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The docket text of D.I. 178 has been updated to match the document reflected in the notice of service. (dlw) |
| Oct 12, 2021 | 180 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Seventh Supplemental Objections And Responses To Defendants' First Set Of Interrogatories (Nos. 1, 4) filed by The United States of America.(Holvey, Patrick) |
| Oct 8, 2021 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: Having been advised by the parties of their inability to resolve a discovery dispute, IT IS HEREBY ORDERED that a Telephone Conference is set for 11/9/2021 at 11:00 AM before Judge Maryellen Noreika. The opening letter (not to exceed three (3) pages) is due no later than 11/3/2021 and the answering letter (not to exceed three (3) pages) is due no later than 11/4/2021. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 10/8/2021. (dlw) |
| Oct 8, 2021 | 174 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Mary Fanning's Objections and Responses to Defendants' Subpoena to Testify at a Deposition and Dr. Thomas Folks' Objections and Responses to Defendants' Subpoena to Testify at a Deposition filed by The United States of America.(Brown, Walter) |
| Oct 8, 2021 | 175 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's First Set of Requests for Admission and Requests for Authentication filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Oct 8, 2021 | 176 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Sixth Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 8, 9, 11, 13) filed by The United States of America.(Brown, Walter) |
| Oct 8, 2021 | 177 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Third Supplemental Objections and Responses to Defendants' Second Set of Interrogatories (No. 19) filed by The United States of America.(Brown, Walter) |
| Oct 8, 2021 | 179 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs First Supplemental Objections and Responses to Defendants Fourth Set of Interrogatories (No. 30) filed by The United States of America.(Brown, Walter) |
| Oct 5, 2021 | 170 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Third Set of Interrogatories (Nos. 19-28) filed by The United States of America.(Brown, Walter) |
| Oct 5, 2021 | 171 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Sumita Ghoshs Objections and Responses to Defendants Subpoena to Produce Documents and Dr. Sumita Ghosh's Objections and Responses to DefendantsSubpoena to Testify at a Deposition filed by The United States of America.(Brown, Walter) |
| Oct 5, 2021 | 172 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Suzanne Shope's Objections and Responses to Defendants' Subpoena to Produce Documents, Dr. Suzanne Shope's Objections and Responses to Defendants' Subpoena to Testify at a Deposition and Dr. Gerardo Garcia-Lerma's Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) |
| Oct 4, 2021 | 168 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Third Set of Requests for Production of Documents and Things (Nos. 250-265) filed by The United States of America.(Brown, Walter) Modified on 10/5/2021 (dlw). |
| Oct 4, 2021 | 169 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Lynn Paxton's Objections and Responses to Defendants' Subpoena to Testify at a Deposition and Dr. Walid Heneine's Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) |
| Oct 1, 2021 | 167 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Ronald Otten's Objections and Responses to Defendants' Subpoena to Produce Documents and Dr. Robert Grant's Objections and Responses to Defendants' Subpoena to Testify at a Deposition filed by The United States of America.(Brown, Walter) |
| Sep 30, 2021 | 166 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Mylan Inc. by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Ewing, Alexandra) |
| Sep 30, 2021 | 166 | Notice (Other) (Exhibit 1) (5) Docket Text: NOTICE of Subpoenas to Mylan Inc. by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Ewing, Alexandra) |
| Sep 30, 2021 | 166 | Notice (Other) (Exhibit 2) (30) Docket Text: NOTICE of Subpoenas to Mylan Inc. by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Ewing, Alexandra) |
| Sep 28, 2021 | 154 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Third Set of Requests for Admission to Plaintiff filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 155 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Marta Ackers on October 25, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 156 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Lisa Blake-DiSpigna on November 22, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 157 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Carl Dieffenbach on December 17, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 158 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Anthony Fauci on January 14, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 159 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Jose Gerardo Garcia Lerma on November 22, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 160 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Walid Heneine on December 3, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 161 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Tara Kirby on December 15, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 162 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Jonathan Mermin on December 21, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 163 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Ronald Otten on November 9, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 164 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Dawn Smith on November 30, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 28, 2021 | 165 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Shambavi Subbarao on October 28, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 24, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Exhibit A to D.I. 149 has been added to D.I. 147 and D.I. 149 has been deleted from the docket. (dlw) |
| Sep 24, 2021 | 149 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Dr. David Burns by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 24, 2021 | 149 | Notice (Other) (Exhibits 1-2) (30) Docket Text: NOTICE of Subpoenas to Dr. David Burns by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 24, 2021 | 150 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoeans to Klarquist Sparkman LLP by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 24, 2021 | 150 | Notice (Other) (Exhibits 1-2) (30) Docket Text: NOTICE of Subpoeans to Klarquist Sparkman LLP by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 24, 2021 | 151 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Susan Alpert Siegal by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 24, 2021 | 151 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoenas to Susan Alpert Siegal by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 24, 2021 | 152 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Fifth Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1, 2, 3, 4, 14, 17) filed by The United States of America.(Brown, Walter) |
| Sep 24, 2021 | 153 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of of Plaintiff's Second Supplemental Objections and Responses to Defendants' Second Set of Interrogatories (No. 20) filed by The United States of America.(Brown, Walter) |
| Sep 23, 2021 | 146 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Thomas Folks by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 23, 2021 | 146 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Dr. Thomas Folks by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 23, 2021 | 147 | Notice of Service (Main Document) (3) Docket Text: NOTICE OF SERVICE of Subpoena to WilmerHale LLP filed by The United States of America. (Attachments: # (1) Exhibit No. 1)(Brown, Walter) (Attachment 1 replaced on 9/24/2021) (dlw). |
| Sep 23, 2021 | 147 | Notice of Service (Exhibit No. 1) (30) Docket Text: NOTICE OF SERVICE of Subpoena to WilmerHale LLP filed by The United States of America. (Attachments: # (1) Exhibit No. 1)(Brown, Walter) (Attachment 1 replaced on 9/24/2021) (dlw). |
| Sep 23, 2021 | 148 | Notice of Service (Main Document) (3) Docket Text: NOTICE OF SERVICE of Subpoena to Sidley Austin LLP filed by The United States of America. (Attachments: # (1) Exhibit No. 1)(Brown, Walter) |
| Sep 23, 2021 | 148 | Notice of Service (Exhibit No. 1) (30) Docket Text: NOTICE OF SERVICE of Subpoena to Sidley Austin LLP filed by The United States of America. (Attachments: # (1) Exhibit No. 1)(Brown, Walter) |
| Sep 21, 2021 | 141 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Dinsmore and Shohl LLP by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 21, 2021 | 141 | Notice (Other) (Exhibits 1-2) (30) Docket Text: NOTICE of Subpoenas to Dinsmore and Shohl LLP by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 21, 2021 | 142 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Mary Fanning by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 21, 2021 | 142 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Dr. Mary Fanning by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 21, 2021 | 143 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Sumita Ghosh by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 21, 2021 | 143 | Notice (Other) (Exhibits 1-2) (30) Docket Text: NOTICE of Subpoenas to Sumita Ghosh by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 21, 2021 | 144 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Avery Goldstein by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 21, 2021 | 144 | Notice (Other) (Exhibits 1-2) (30) Docket Text: NOTICE of Subpoenas to Avery Goldstein by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 21, 2021 | 145 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Weston Gould by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 21, 2021 | 145 | Notice (Other) (Exhibits 1-2) (30) Docket Text: NOTICE of Subpoenas to Weston Gould by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 20, 2021 | 134 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Jose Gerardo Garcia Lerma by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 20, 2021 | 134 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Jose Gerardo Garcia Lerma by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 20, 2021 | 135 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Walid Heneine by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 20, 2021 | 135 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Walid Heneine by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 20, 2021 | 136 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Lynn Paxton by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 20, 2021 | 136 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Dr. Lynn Paxton by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 20, 2021 | 137 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Suzanne Shope by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 20, 2021 | 137 | Notice (Other) (Exhibits 1-2) (30) Docket Text: NOTICE of Subpoenas to Suzanne Shope by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Ewing, Alexandra) |
| Sep 20, 2021 | 138 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Terry Butler on October 21, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 20, 2021 | 139 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Shambavi Subbarao on October 19, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 20, 2021 | 140 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Second Set of Requests for Admission and Requests for Authentication (No. 9) filed by The United States of America.(Brown, Walter) |
| Sep 17, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kevin M. Yurkerwich for Gilead Sciences Ireland UC and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Sep 17, 2021 | 129 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Robert Grant by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 17, 2021 | 129 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Dr. Robert Grant by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 17, 2021 | 130 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Robert Janssen by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 17, 2021 | 130 | Notice (Other) (Exhibit 1) (4) Docket Text: NOTICE of Subpoena to Dr. Robert Janssen by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 17, 2021 | 131 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Dr. Linda Lewis by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1 - 2)(Ewing, Alexandra) |
| Sep 17, 2021 | 131 | Notice (Other) (Exhibits 1 - 2) (30) Docket Text: NOTICE of Subpoenas to Dr. Linda Lewis by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1 - 2)(Ewing, Alexandra) |
| Sep 17, 2021 | 132 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas to Dr. Jeffrey Murray by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1 - 2)(Ewing, Alexandra) |
| Sep 17, 2021 | 132 | Notice (Other) (Exhibits 1 - 2) (30) Docket Text: NOTICE of Subpoenas to Dr. Jeffrey Murray by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1 - 2)(Ewing, Alexandra) |
| Sep 17, 2021 | 133 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Ronald Otten by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 17, 2021 | 133 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Ronald Otten by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Sep 16, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [128] MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Yurkerwich filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. ORDERED by Judge Maryellen Noreika on 9/16/2021. (dlw) |
| Sep 16, 2021 | 128 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Yurkerwich - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Ewing, Alexandra) |
| Sep 15, 2021 | 127 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Carrie Rosato on behalf of All Plaintiffs (Rosato, Carrie) |
| Sep 14, 2021 | 126 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Fifth Set of Requests for Production of Documents and Things filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 8, 2021 | 125 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's First Set of Requests for Admission to Defendants filed by The United States of America.(Brown, Walter) |
| Sep 7, 2021 | 121 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kimberly Struble on December 16, 2021 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Sep 7, 2021 | 122 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kendall Marcus on January 7, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Sep 7, 2021 | 123 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Debra Birnkrant on January 17, 2022 at 9:00 a.m. filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Sep 7, 2021 | 124 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Fifth Set of Interrogatories to the United States of America filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Aug 24, 2021 | 120 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Debra Adams' Objections and Responses to Defendants' Subpoena to Testify at a Deposition and Debra Adams' Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) |
| Aug 11, 2021 | 118 | Transcript (106) Docket Text: Official Transcript of Markman Hearing held on 08/04/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (dh) |
| Aug 11, 2021 | 119 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Fourth Set of Interrogatories (Nos. 25-30) filed by The United States of America.(Brown, Walter) |
| Aug 10, 2021 | 117 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Defendants' Notice of Subpoenas to Dr. Debra R. Adams by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Ewing, Alexandra) |
| Aug 10, 2021 | 117 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Defendants' Notice of Subpoenas to Dr. Debra R. Adams by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Ewing, Alexandra) |
| Aug 10, 2021 | 117 | Notice (Other) (Exhibit 2) (4) Docket Text: NOTICE of Defendants' Notice of Subpoenas to Dr. Debra R. Adams by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Ewing, Alexandra) |
| Aug 4, 2021 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Markman Hearing held on 8/4/2021. (Court Reporter Dale Hawkins.) (asw) |
| Jul 30, 2021 | 115 | Letter (2) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding Extension of Deadlines. (Brown, Walter) |
| Jul 30, 2021 | 116 | Proposed Order (5) Docket Text: Joint PROPOSED ORDER to Extend Deadlines re [27] Scheduling Order,,,, by The United States of America. (Brown, Walter) |
| Jul 28, 2021 | 112 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Amanda Katherine Kelly on behalf of The United States of America (Kelly, Amanda) |
| Jul 28, 2021 | 113 | Letter (2) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding Amended Joint Claim Construction Chart - re [110] Oral Order,,,,. (Brown, Walter) |
| Jul 28, 2021 | 114 | Claim Construction Chart (30) Docket Text: CLAIM Construction Chart by The United States of America. (Brown, Walter) |
| Jul 22, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [108] Joint Claim Construction Brief - On or before 7/28/2021, local and lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the joint claim construction brief. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. ORDERED by Judge Maryellen Noreika on 7/22/2021. (dlw) |
| Jul 22, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [109] Letter - IT IS HEREBY ORDERED that the Court is setting aside 3 hours for the 8/4/2021 10:00 AM Markman hearing with the time split equally between Plaintiff and Defendants. The hearing will be held in-person in Courtroom 4A. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing. The parties, however, may agree upon a different time to exchange their respective slides. ORDERED by Judge Maryellen Noreika on 7/22/2021. (dlw) |
| Jul 21, 2021 | 105 | Notice (Other) (2) Docket Text: NOTICE of Lodging by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) |
| Jul 21, 2021 | 106 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Fourth Set Of Requests for the Production of Documents and Things (Nos. 209-245) and Plaintiffs Objections and Responses to Defendants First Set of Requests for Admission (Nos. 1-7) and Requests for Authentication (Nos. 1-8) filed by The United States of America.(Brown, Walter) |
| Jul 21, 2021 | 107 | Notice of Filing Multi Media Materials (Main Document) (2) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Claim Construction Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Patrick C. Holvey on behalf of The United States of America (Attachments: # (1) Affidavit of Service to Gilead Sciences)(Holvey, Patrick) |
| Jul 21, 2021 | 107 | Notice of Filing Multi Media Materials (Affidavit of Service to Gilead Sciences) (3) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Claim Construction Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Patrick C. Holvey on behalf of The United States of America (Attachments: # (1) Affidavit of Service to Gilead Sciences)(Holvey, Patrick) |
| Jul 21, 2021 | 108 | Joint Claim Construction Brief (Main Document) (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by The United States of America. (Attachments: # (1) Appendix Volume 1, # (2) Appendix Volume 2, # (3) Appendix Volume 3, # (4) Appendix Volume 4, # (5) Appendix Volume 5, # (6) Appendix Volume 6)(Brown, Walter) |
| Jul 21, 2021 | 108 | Joint Claim Construction Brief (Appendix Volume 1) (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by The United States of America. (Attachments: # (1) Appendix Volume 1, # (2) Appendix Volume 2, # (3) Appendix Volume 3, # (4) Appendix Volume 4, # (5) Appendix Volume 5, # (6) Appendix Volume 6)(Brown, Walter) |
| Jul 21, 2021 | 108 | Joint Claim Construction Brief (Appendix Volume 2) (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by The United States of America. (Attachments: # (1) Appendix Volume 1, # (2) Appendix Volume 2, # (3) Appendix Volume 3, # (4) Appendix Volume 4, # (5) Appendix Volume 5, # (6) Appendix Volume 6)(Brown, Walter) |
| Jul 21, 2021 | 108 | Joint Claim Construction Brief (Appendix Volume 3) (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by The United States of America. (Attachments: # (1) Appendix Volume 1, # (2) Appendix Volume 2, # (3) Appendix Volume 3, # (4) Appendix Volume 4, # (5) Appendix Volume 5, # (6) Appendix Volume 6)(Brown, Walter) |
| Jul 21, 2021 | 108 | Joint Claim Construction Brief (Appendix Volume 4) (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by The United States of America. (Attachments: # (1) Appendix Volume 1, # (2) Appendix Volume 2, # (3) Appendix Volume 3, # (4) Appendix Volume 4, # (5) Appendix Volume 5, # (6) Appendix Volume 6)(Brown, Walter) |
| Jul 21, 2021 | 108 | Joint Claim Construction Brief (Appendix Volume 5) (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by The United States of America. (Attachments: # (1) Appendix Volume 1, # (2) Appendix Volume 2, # (3) Appendix Volume 3, # (4) Appendix Volume 4, # (5) Appendix Volume 5, # (6) Appendix Volume 6)(Brown, Walter) |
| Jul 21, 2021 | 108 | Joint Claim Construction Brief (Appendix Volume 6) (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by The United States of America. (Attachments: # (1) Appendix Volume 1, # (2) Appendix Volume 2, # (3) Appendix Volume 3, # (4) Appendix Volume 4, # (5) Appendix Volume 5, # (6) Appendix Volume 6)(Brown, Walter) |
| Jul 21, 2021 | 109 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding Claim Construction Hearing. (Brown, Walter) |
| Jul 16, 2021 | 104 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Sur-Reply Claim Construction Brief filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jun 28, 2021 | 103 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Reply Claim Construction Brief filed by The United States of America.(Brown, Walter) |
| Jun 21, 2021 | 102 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants' Fourth Set of Requests for Production of Documents and Things; (2) Defendants' Fourth Set of Interrogatories to the United States of America; and (3) Defendants' First Set of Requests for Admission to Plaintiff filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jun 11, 2021 | 100 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections And Responses To Defendants' Third Set Of Interrogatories (Nos. 23-24) filed by The United States of America.(Holvey, Patrick) |
| Jun 11, 2021 | 101 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Robert Janssen's Objections and Responses to Defendants' Subpoena to Produce Documents re [93] Notice (Other) filed by The United States of America.(Brown, Walter) |
| Jun 9, 2021 | 98 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Fourth Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 8 and 9) filed by The United States of America.(Holvey, Patrick) |
| Jun 9, 2021 | 99 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Responsive Claim Construction Brief filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jun 4, 2021 | 96 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Lynn Paxton's Objections and Responses to Defendants' Subpoena to Produce Documents and Dr. Thomas Folks's Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) |
| Jun 4, 2021 | 97 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Third Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 5, 6, 7 and 10) filed by The United States of America.(Holvey, Patrick) |
| Jun 3, 2021 | 95 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's Interrogatory Nos. 11-18 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| May 28, 2021 | 93 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Robert Janssen by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 28, 2021 | 93 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Dr. Robert Janssen by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 28, 2021 | 94 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Third Set of Requests for Production of Documents and Things filed by The United States of America.(Brown, Walter) |
| May 26, 2021 | 92 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Dr. Robert Grant's Objections and Responses to Defendants' Subpoena to Produce Documents filed by The United States of America.(Brown, Walter) Modified on 5/27/2021 (dlw). |
| May 21, 2021 | 91 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Second Supplemental Objections And Responses To Defendants' First Set Of Interrogatories (Nos. 3, 4, 8, 9, And 11) filed by The United States of America.(Holvey, Patrick) |
| May 20, 2021 | 90 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Thomas Folks by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 20, 2021 | 90 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Dr. Thomas Folks by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 18, 2021 | 89 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Lynn Paxton by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 18, 2021 | 89 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Dr. Lynn Paxton by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 13, 2021 | 88 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff the United States First Supplemental Objections And Responses To Defendants Second Set Of Interrogatories (Nos. 19-20), and exhibits thereto, filed by The United States of America.(Brown, Walter) |
| May 10, 2021 | 87 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff The United States Of America's Opening Claim Construction Brief, and the Government's appendix materials filed by The United States of America.(Brown, Walter) |
| May 4, 2021 | 84 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Robert Grant by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 4, 2021 | 84 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Dr. Robert Grant by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 4, 2021 | 85 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Westover Management Group, Inc. by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 4, 2021 | 85 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Westover Management Group, Inc. by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 4, 2021 | 86 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Christopher Morten by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| May 4, 2021 | 86 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Christopher Morten by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Apr 30, 2021 | 83 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's First Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 3, 11, 12, 15) filed by The United States of America.(Brown, Walter) Modified on 5/3/2021 (dlw). |
| Apr 29, 2021 | 82 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Second Set of Interrogatories filed by The United States of America.(Brown, Walter) |
| Apr 28, 2021 | 81 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants' Third Set of Interrogatories to the United States of America and (2) Defendants' Third Set of Requests for Production of Documents and Things filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Apr 23, 2021 | 80 | Letter (2) Docket Text: Letter to The Honorable Maryellen Noreika from Kelly E. Farnan regarding Response to Plaintiffs April 22, 2021 Letter - re [79] Letter. (Farnan, Kelly) |
| Apr 22, 2021 | 79 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding CFC Scheduling Order. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brown, Walter) |
| Apr 22, 2021 | 79 | Letter (Exhibit A) (30) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding CFC Scheduling Order. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brown, Walter) |
| Apr 22, 2021 | 79 | Letter (Exhibit B) (2) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding CFC Scheduling Order. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brown, Walter) |
| Apr 21, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [77] Stipulation and Order Regarding Defendants' Third Amended Answer and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s Second Amended Counterclaims. ORDERED by Judge Maryellen Noreika on 4/21/2021. (dlw) |
| Apr 21, 2021 | 78 | Answer to Complaint (Main Document) (30) Docket Text: Defendants' Third Amended Answer and Affirmative Defenses to [1] Complaint and Defendant Gilead Sciences, Inc.'s Second Amended COUNTERCLAIMS against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Exhibit A - S, # (2) Exhibit T - II, # (3) Redline Comparison)(dlw) |
| Apr 21, 2021 | 78 | Answer to Complaint (Exhibit A - S) (30) Docket Text: Defendants' Third Amended Answer and Affirmative Defenses to [1] Complaint and Defendant Gilead Sciences, Inc.'s Second Amended COUNTERCLAIMS against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Exhibit A - S, # (2) Exhibit T - II, # (3) Redline Comparison)(dlw) |
| Apr 21, 2021 | 78 | Answer to Complaint (Exhibit T - II) (30) Docket Text: Defendants' Third Amended Answer and Affirmative Defenses to [1] Complaint and Defendant Gilead Sciences, Inc.'s Second Amended COUNTERCLAIMS against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Exhibit A - S, # (2) Exhibit T - II, # (3) Redline Comparison)(dlw) |
| Apr 21, 2021 | 78 | Answer to Complaint (Redline Comparison) (30) Docket Text: Defendants' Third Amended Answer and Affirmative Defenses to [1] Complaint and Defendant Gilead Sciences, Inc.'s Second Amended COUNTERCLAIMS against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Exhibit A - S, # (2) Exhibit T - II, # (3) Redline Comparison)(dlw) |
| Apr 20, 2021 | 77 | Stipulation (Main Document) (3) Docket Text: STIPULATION and Order Regarding Defendants' Third Amended Answer and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s Second Amended Counterclaims re [21] Answer to Complaint,, Counterclaim, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibits A-S, # (3) Exhibits T-II, # (4) Exhibit B)(Cottrell, Frederick) |
| Apr 20, 2021 | 77 | Stipulation (Exhibit A) (30) Docket Text: STIPULATION and Order Regarding Defendants' Third Amended Answer and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s Second Amended Counterclaims re [21] Answer to Complaint,, Counterclaim, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibits A-S, # (3) Exhibits T-II, # (4) Exhibit B)(Cottrell, Frederick) |
| Apr 20, 2021 | 77 | Stipulation (Exhibits A-S) (30) Docket Text: STIPULATION and Order Regarding Defendants' Third Amended Answer and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s Second Amended Counterclaims re [21] Answer to Complaint,, Counterclaim, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibits A-S, # (3) Exhibits T-II, # (4) Exhibit B)(Cottrell, Frederick) |
| Apr 20, 2021 | 77 | Stipulation (Exhibits T-II) (30) Docket Text: STIPULATION and Order Regarding Defendants' Third Amended Answer and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s Second Amended Counterclaims re [21] Answer to Complaint,, Counterclaim, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibits A-S, # (3) Exhibits T-II, # (4) Exhibit B)(Cottrell, Frederick) |
| Apr 20, 2021 | 77 | Stipulation (Exhibit B) (30) Docket Text: STIPULATION and Order Regarding Defendants' Third Amended Answer and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s Second Amended Counterclaims re [21] Answer to Complaint,, Counterclaim, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibits A-S, # (3) Exhibits T-II, # (4) Exhibit B)(Cottrell, Frederick) |
| Apr 9, 2021 | 75 | Claim Construction Chart (30) Docket Text: CLAIM Construction Chart by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Apr 9, 2021 | 76 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Frederick L. Cottrell, III regarding Indefiniteness arguments at the claim construction phase. (Cottrell, Frederick) |
| Apr 8, 2021 | 74 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff The United States Of America's Amended Proposed Claim Constructions filed by The United States of America.(Holvey, Patrick) |
| Apr 5, 2021 | 73 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's Second Set of Requests for Production of Documents and Things (Nos. 183-250) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Mar 26, 2021 | 71 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Proposed Claim Constructions filed by The United States of America.(Brown, Walter) |
| Mar 26, 2021 | 72 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Claim Construction Disclosure filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Mar 5, 2021 | 68 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoena to Dr. Mary Fanning by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Mar 5, 2021 | 68 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subpoena to Dr. Mary Fanning by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: # (1) Exhibit 1)(Ewing, Alexandra) |
| Mar 5, 2021 | 69 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff the United States of America's Second Set of Requests for Production of Documents and Things (Nos. 183 - 250) filed by The United States of America.(Holvey, Patrick) |
| Mar 5, 2021 | 70 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff The United States Of America's Objections and Responses to Defendants' Second Set of Interrogatories (Nos. 19 - 22); and Plaintiff the United States of America's Objections and Responses to Defendants' Second Set of Requests for Documents and Things (Nos. 110 - 183) filed by The United States of America.(Holvey, Patrick) |
| Feb 26, 2021 | 66 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Proposed Claim Terms for Construction filed by The United States of America.(Brown, Walter) |
| Feb 26, 2021 | 67 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Identification of Terms for Construction filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Feb 18, 2021 | 65 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Second Supplemental Objections and Responses to Plaintiff's Interrogatory Nos. 1-4 and 6-9 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Feb 11, 2021 | 64 | Answer to Counterclaim (16) Docket Text: ANSWER to [21] Answer to Complaint, Counterclaim by The United States of America.(Holvey, Patrick) Modified on 2/12/2021 (dlw). |
| Feb 3, 2021 | 63 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants' Second Set of Requests for Production of Documents and Things and (2) Defendants' First Amended Initial Invalidity Contentions filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Jan 28, 2021 | 61 | Memorandum Opinion (22) Docket Text: MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 1/28/2021. (dlw) |
| Jan 28, 2021 | 62 | Order (1) Docket Text: ORDER re [61] Memorandum Opinion DENYING [29] Plaintiff's Motion to Strike and DENYING [30] Plaintiff's Motion to Dismiss. Signed by Judge Maryellen Noreika on 1/28/2021. (dlw) |
| Jan 26, 2021 | 60 | Transcript (64) Docket Text: Official Transcript of Motion Teleconference held on 10/30/20 before Judge Maryellen Noreika. Court Reporter 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 before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/16/2021. Redacted Transcript Deadline set for 2/26/2021. Release of Transcript Restriction set for 4/26/2021. (Triozzi, Heather) |
| Jan 20, 2021 | 59 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Second Set of Interrogatories filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Dec 28, 2020 | 58 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Dec 22, 2020 | 57 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Supplemental Objections and Responses to Plaintiff's First Set of Interrogatories filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Dec 7, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Charles T. Cox, Jr for Gilead Sciences Ireland UC,for Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Dec 7, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Charles T. Cox, Jr. for Gilead Sciences Ireland UC and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Dec 3, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Stephanie Lin for Gilead Sciences Ireland UC and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Dec 2, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Jonathan A. Cox and Benjamin Conery for Gilead Sciences Ireland UC and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Dec 1, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [56] MOTION for Pro Hac Vice Appearance of Attorney Jonathan A. Cox, Charles T. Cox Jr., Stephanie Lin, and Benjamin Conery filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. ORDERED by Judge Maryellen Noreika on 12/1/2020. (dlw) |
| Dec 1, 2020 | 56 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jonathan A. Cox, Charles T. Cox Jr., Stephanie Lin, and Benjamin Conery - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Oct 30, 2020 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Telephonic Motion Hearing held on 10/30/2020. Argument re [29] MOTION to Strike Equitable Affirmative Defenses, and [30] MOTION to Dismiss for Lack of Jurisdiction. The court will take this matter under advisement and issue a ruling in due course. (Court Reporter: Dale Hawkins.) (asw) |
| Oct 29, 2020 | 55 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Inventor Documents and Initial Claim Chart(s), as required under the Scheduling Order 7(c) and 7(d) filed by The United States of America.(Brown, Walter) |
| Oct 22, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [46] Oral Order Setting Hearing on Motion - IT IS HEREBY ORDERED that the 10/30/2020 10:00 AM Motion hearing will be held via videoconference/teleconference. Counsel shall provide connection credentials for the hearing by emailing this Court's judicial administrator no later than 10/28/2020. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_Civil@ded.uscourts.gov no later than 24 hours prior to the hearing. The public has a right to access all public in-court proceedings and can obtain the dial-in information to access this hearing by contacting Chambers at 302-573-6470 after 10/28/2020. ORDERED by Judge Maryellen Noreika on 10/22/2020. (dlw) |
| Oct 21, 2020 | 52 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Objections and Responses to First Set of Interrogatories filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Oct 21, 2020 | 53 | Notice (Other) (3) Docket Text: NOTICE of Service of Plaintiff's Amended Objections and Responses to Defendants' First Set Of Requests For Production Of Documents And Things by The United States of America (Brown, Walter) |
| Sep 30, 2020 | 51 | Notice (Other) (3) Docket Text: NOTICE of Service of Plaintiff's Objections and Responses to Defendants' First Set of Interrogatories by The United States of America (Brown, Walter) |
| Sep 29, 2020 | 50 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Productions made pursuant to Paragraph 7(b) of the Scheduling Order (DI 27) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Ewing, Alexandra) |
| Sep 4, 2020 | 49 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs First Set of Interrogatories filed by The United States of America.(Holvey, Patrick) |
| Aug 31, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 47 has been replaced on the docket. The Stipulated Protective Order now contains signature blocks and signatures of counsel. (dlw) |
| Aug 31, 2020 | 48 | Protective Order (24) Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 8/31/2020. (dlw) |
| Aug 28, 2020 | 47 | Proposed Order (24) Docket Text: PROPOSED ORDER // Stipulated Protective Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Cottrell, Frederick) Modified on 8/31/2020 (dlw). (Main Document 47 replaced on 8/31/2020) (dlw). |
| Aug 19, 2020 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Hearing on [29] MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer (D.I. 21) and [30] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21): A Motion Hearing is set for 10/30/2020 at 10:00 AM before Judge Maryellen Noreika. The Court is setting aside 2 hours for the argument with the time to be split equally between the parties. Closer to the time of the hearing, and after consulting with the parties, the Court will determine whether the hearing will be held in Courtroom 4A or remotely. ORDERED by Judge Maryellen Noreika on 8/19/2020. (dlw) |
| Aug 14, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [45] STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to August 28, 2020. ORDERED by Judge Maryellen Noreika on 8/14/2020. (dlw) |
| Aug 13, 2020 | 44 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Set of Interrogatories to the United States of America filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Aug 13, 2020 | 45 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to Submit a Proposed Protective Order to August 28, 2020 - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Aug 12, 2020 | 43 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by The United States of America re [29] MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer (D.I. 21), [30] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21). (Holvey, Patrick) |
| Aug 10, 2020 | 42 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re [29] MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer (D.I. 21), [30] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21). (Cottrell, Frederick) |
| Aug 7, 2020 | 40 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion re [29] MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer (D.I. 21) filed by The United States of America. (Brown, Walter) |
| Aug 7, 2020 | 41 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion re [30] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) filed by The United States of America. (Brown, Walter) |
| Aug 6, 2020 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's Corrected First Set of Requests for Production of Documents and Things (Nos. 1-182) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 31, 2020 | 37 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff The United States' Federal Rule of Civil Procedure 26(A)(1) Initial Disclosures, Plaintiff United States' Initial Disclosures under Paragraph 3 of the Delaware Default Standard for Discovery, and Plaintiff United States' Disclosures under Paragraph 7(A) of the Scheduling Order filed by The United States of America.(Brown, Walter) |
| Jul 31, 2020 | 38 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Gilead Sciences, Inc. and Gilead Sciences Ireland UC's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and (2) Gilead Sciences, Inc. and Gilead Sciences Ireland UC's ESI Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jul 24, 2020 | 35 | Answering Brief in Opposition (27) Docket Text: ANSWERING BRIEF in Opposition re [29] MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer (D.I. 21) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc. Reply Brief due date per [31] Stipulation and Order is 8/7/2020. (Cottrell, Frederick) Modified on 7/27/2020 (dlw). |
| Jul 24, 2020 | 36 | Answering Brief in Opposition (21) Docket Text: ANSWERING BRIEF in Opposition re [30] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) filed by Gilead Sciences, Inc..Reply Brief due date per [31] Stipulation and Order is 8/7/2020. (Cottrell, Frederick) Modified on 7/27/2020 (dlw). |
| Jul 15, 2020 | 34 | Notice (Other) (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' First Set of Requests for Production of Documents and Things by The United States of America (Brown, Walter) Modified on 7/16/2020 (dlw). |
| Jul 7, 2020 | 32 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production of Documents and Things filed by The United States of America.(Holvey, Patrick) |
| Jul 7, 2020 | 33 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Corrected First Set of Requests for Documents and Things filed by The United States of America.(Holvey, Patrick) |
| Jul 2, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [31] STIPULATION TO EXTEND TIME to 1) Respond to Motion to Strike and Motion to Dismiss and 2) file Reply Briefs in support of Motion to Strike and Motion to Dismiss to 1) July 24, 2020 and 2) August 7, 2020 respectively (Set Briefing Schedule: re [29] MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer, [30] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims - Answering Briefs due 7/24/2020. Reply Briefs due 8/7/2020). ORDERED by Judge Maryellen Noreika on 7/2/2020. (dlw) |
| Jul 1, 2020 | 31 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to 1) Respond to Motion to Strike and Motion to Dismiss and 2) file Reply Briefs in support of Motion to Strike and Motion to Dismiss to 1) July 24, 2020 and 2) August 7, 2020 respectively - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Jun 26, 2020 | 29 | Motion to Strike (Main Document) (26) Docket Text: MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 29 | Motion to Strike (Exhibit No. 1) (30) Docket Text: MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Second Amended Answer (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 30 | Motion to Dismiss/Lack of Subject Jurisdiction (Main Document) (22) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 30 | Motion to Dismiss/Lack of Subject Jurisdiction (Exhibit No. 1) (3) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 30 | Motion to Dismiss/Lack of Subject Jurisdiction (Exhibit No. 2) (3) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 30 | Motion to Dismiss/Lack of Subject Jurisdiction (Exhibit No. 3) (3) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 30 | Motion to Dismiss/Lack of Subject Jurisdiction (Exhibit No. 4) (4) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 30 | Motion to Dismiss/Lack of Subject Jurisdiction (Exhibit No. 5) (30) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 26, 2020 | 30 | Motion to Dismiss/Lack of Subject Jurisdiction (Exhibit No. 6) (30) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter of Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' Second Amended Answer and Counterclaims (D.I. 21) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6)(Brown, Walter) Modified on 6/29/2020 (dlw). |
| Jun 25, 2020 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
| Jun 25, 2020 | 27 | Scheduling Order (19) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 7/16/2021. Amended Pleadings due by 7/16/2021. Fact Discovery completed by 1/21/2022. Opening Expert Reports due by 3/18/2022. Rebuttal Expert Reports due by 5/17/2022. Reply Expert Reports due by 6/16/2022. Dispositive Motions due by 10/13/2022. Answering Brief due 11/28/2022. Reply Brief due 12/19/2022. Claim Construction Opening Brief served by 5/10/2021. Claim Construction Answering Brief served by 6/9/2021. Claim Construction Reply Brief served by 6/28/2021. Claim Construction Surreply Brief served by 7/16/2021. Joint Claim Construction Brief filed by 7/21/2021. A Markman Hearing is set for 8/4/2021 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 4/24/2023 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 10 day Jury Trial is set for 5/1/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 6/25/2020. (dlw) |
| Jun 25, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before July 28, 2020 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. When referencing the timing for mediation, counsel rely on certain events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert reports and the like, they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 6/25/20. (cak) |
| Jun 24, 2020 | 26 | Letter (Main Document) (1) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding parties' proposed Scheduling Order. (Attachments: # (1) Text of Proposed Order (Proposed Scheduling Order), # (2) Text of Proposed Order (Redline of Proposed Scheduling Order))(Brown, Walter) |
| Jun 24, 2020 | 26 | Letter (Text of Proposed Order (Proposed Scheduling Order)) (19) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding parties' proposed Scheduling Order. (Attachments: # (1) Text of Proposed Order (Proposed Scheduling Order), # (2) Text of Proposed Order (Redline of Proposed Scheduling Order))(Brown, Walter) |
| Jun 24, 2020 | 26 | Letter (Text of Proposed Order (Redline of Proposed Scheduling Order)) (19) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding parties' proposed Scheduling Order. (Attachments: # (1) Text of Proposed Order (Proposed Scheduling Order), # (2) Text of Proposed Order (Redline of Proposed Scheduling Order))(Brown, Walter) |
| Jun 19, 2020 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Maryellen Noreika - Scheduling Telephone Conference held on 6/19/2020. The parties' proposed schedule is ADOPTED, with the following changes: the defendants' proposals regarding contentions is adopted; the Markman Hearing will occur on either 8/4/2021 or 9/8/2021, whichever the parties agree to; the Pretrial Conference is set for 4/24/2023 at 2:00 PM; and a 10-day Jury Trial is set for 5/1/2023. The parties shall file an amended proposed scheduling order by 6/26/2020. (Court Reporter Dale Hawkins.) (mdb) |
| Jun 16, 2020 | N/A | Order Setting Scheduling Conference (0) Docket Text: ORAL ORDER Setting Telephonic Scheduling Conference: IT IS HEREBY ORDERED that a Scheduling Teleconference is set for 6/19/2020 at 11:00 AM before Judge Maryellen Noreika. Counsel shall provide a dial-in for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 6/16/2020. (dlw) |
| Jun 15, 2020 | 23 | Letter (Main Document) (1) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding parties' proposed Scheduling Order. (Attachments: # (1) Text of Proposed Order (Proposed Scheduling Order))(Brown, Walter) |
| Jun 15, 2020 | 23 | Letter (Text of Proposed Order (Proposed Scheduling Order)) (19) Docket Text: Letter to The Honorable Maryellen Noreika from Walter W. Brown regarding parties' proposed Scheduling Order. (Attachments: # (1) Text of Proposed Order (Proposed Scheduling Order))(Brown, Walter) |
| Jun 15, 2020 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Set of Requests for Production of Documents and Things filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc..(Cottrell, Frederick) |
| Jun 4, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [22] STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Second Amended Answer and Counterclaims to June 26, 2020 (Set/Reset Answer Deadlines: The United States of America answer due 6/26/2020). ORDERED by Judge Maryellen Noreika on 6/4/2020. (dlw) |
| Jun 4, 2020 | 22 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Second Amended Answer and Counterclaims to June 26, 2020 - filed by The United States of America. (Brown, Walter) |
| May 29, 2020 | 20 | SO ORDERED (2) Docket Text: SO ORDERED re [19] Stipulation and Order Regarding Second Amended Answer, Affirmative Defenses & Counterclaims. SEE STIPULATION FOR DETAILS. Signed by Judge Maryellen Noreika on 5/29/2020. (dlw) |
| May 29, 2020 | 21 | Answer to Complaint (Main Document) (30) Docket Text: Second AMENDED ANSWER to [1] Complaint, and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s, Second AMENDED COUNTERCLAIM against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Redline, # (2) Exhibits A-S, # (3) Exhibits T-FF)(Cottrell, Frederick) Modified on 6/1/2020 (dlw). |
| May 29, 2020 | 21 | Answer to Complaint (Redline) (30) Docket Text: Second AMENDED ANSWER to [1] Complaint, and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s, Second AMENDED COUNTERCLAIM against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Redline, # (2) Exhibits A-S, # (3) Exhibits T-FF)(Cottrell, Frederick) Modified on 6/1/2020 (dlw). |
| May 29, 2020 | 21 | Answer to Complaint (Exhibits A-S) (30) Docket Text: Second AMENDED ANSWER to [1] Complaint, and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s, Second AMENDED COUNTERCLAIM against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Redline, # (2) Exhibits A-S, # (3) Exhibits T-FF)(Cottrell, Frederick) Modified on 6/1/2020 (dlw). |
| May 29, 2020 | 21 | Answer to Complaint (Exhibits T-FF) (30) Docket Text: Second AMENDED ANSWER to [1] Complaint, and Affirmative Defenses and Defendant Gilead Sciences, Inc.'s, Second AMENDED COUNTERCLAIM against The United States of America by Gilead Sciences, Inc., Gilead Sciences Ireland UC. (Attachments: # (1) Redline, # (2) Exhibits A-S, # (3) Exhibits T-FF)(Cottrell, Frederick) Modified on 6/1/2020 (dlw). |
| May 28, 2020 | 19 | Stipulation (2) Docket Text: STIPULATION and Order Regarding Second Amended Answer, Affirmative Defenses and Counterclaims by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| May 15, 2020 | 16 | Motion to Strike (17) Docket Text: MOTION to Strike Equitable Affirmative Defenses Presented in Defendants' Amended Answer (D.I. 13) - filed by The United States of America. (Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Main Document) (22) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 1) (30) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 2) (30) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 3) (30) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 4) (30) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 5) (3) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 6) (3) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 7) (3) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | 17 | Motion to Dismiss for Failure to State a Claim (Exhibit No. 8) (4) Docket Text: MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction, Gilead Sciences, Inc.'s Counterclaims Presented in Defendants' First Amended Answer and Counterclaims (D.I. 13) - filed by The United States of America. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3, # (4) Exhibit No. 4, # (5) Exhibit No. 5, # (6) Exhibit No. 6, # (7) Exhibit No. 7, # (8) Exhibit No. 8)(Brown, Walter) Modified on 5/15/2020 (dlw). |
| May 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 5/15/2020. (dlw) |
| Apr 16, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [15] STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Amended Answer and Counterclaims to May 15, 2020 (Set/Reset Answer Deadlines: The United States of America answer due 5/15/2020). ORDERED by Judge Maryellen Noreika on 4/16/2020. (dlw) |
| Apr 15, 2020 | 15 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Amended Answer and Counterclaims to May 15, 2020 - filed by The United States of America. (Brown, Walter) |
| Apr 10, 2020 | 14 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Nicholas J. Kim as co-counsel.. (Brown, Walter) |
| Mar 27, 2020 | 13 | Answer to Counterclaim (Main Document) (30) Docket Text: Amended ANSWER to [7] Answer to Complaint, Counterclaim and Affirmative Defenses, Amended COUNTERCLAIM against The United States of America by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Redline, # (2) Exhibits A-S)(Cottrell, Frederick) |
| Mar 27, 2020 | 13 | Answer to Counterclaim (Redline) (30) Docket Text: Amended ANSWER to [7] Answer to Complaint, Counterclaim and Affirmative Defenses, Amended COUNTERCLAIM against The United States of America by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Redline, # (2) Exhibits A-S)(Cottrell, Frederick) |
| Mar 27, 2020 | 13 | Answer to Counterclaim (Exhibits A-S) (30) Docket Text: Amended ANSWER to [7] Answer to Complaint, Counterclaim and Affirmative Defenses, Amended COUNTERCLAIM against The United States of America by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Redline, # (2) Exhibits A-S)(Cottrell, Frederick) |
| Mar 20, 2020 | 11 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to file Amended Answer and Counterclaims to March 30, 2020 - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Mar 20, 2020 | 12 | SO ORDERED (2) Docket Text: SO ORDERED re [11] STIPULATION TO EXTEND TIME to file Amended Answer and Counterclaims to March 30, 2020. Signed by Judge Maryellen Noreika on 3/20/2020. (dlw) |
| Feb 3, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney George P. Varghese and Vinita Ferrera for Gilead Sciences Ireland UC and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Jan 30, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Ronald C. Machen for Gilead Sciences Ireland UC and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Jan 30, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys David B. Bassett, Emily R. Whelan, and Timothy A. Cook for Gilead Sciences Ireland UC and Gilead Sciences, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (amf) |
| Jan 24, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 9 has been replaced on the docket at the request of counsel. (dlw) |
| Jan 24, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [9] MOTION for Pro Hac Vice Appearance of Attorney Ronald C. Machen, David B. Bassett, Vinita C. Ferrera, Emily R. Whelan, George P. Varghese, and Timothy A. Cook filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC. ORDERED by Judge Maryellen Noreika on 1/24/2020. (dlw) |
| Jan 24, 2020 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Alexandra M. Ewing on behalf of Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Ewing, Alexandra) |
| Jan 23, 2020 | 7 | Answer to Complaint (Main Document) (30) Docket Text: ANSWER to [1] Complaint, , COUNTERCLAIM against The United States of America by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-R)(Cottrell, Frederick) |
| Jan 23, 2020 | 7 | Answer to Complaint (Exhibits A-R) (30) Docket Text: ANSWER to [1] Complaint, , COUNTERCLAIM against The United States of America by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-R)(Cottrell, Frederick) |
| Jan 23, 2020 | 8 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Jan 23, 2020 | 9 | Motion for Leave to Appear Pro Hac Vice (8) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ronald C. Machen, David B. Bassett, Vinita C. Ferrera, Emily R. Whelan, George P. Varghese, and Timothy A. Cook - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) (Main Document 9 replaced on 1/24/2020) (dlw). |
| Jan 10, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [6] STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to January 23, 2020 (Set/Reset Answer Deadlines: Gilead Sciences Ireland UC answer due 1/23/2020; Gilead Sciences, Inc. answer due 1/23/2020). ORDERED by Judge Maryellen Noreika on 1/10/2020. (dlw) |
| Jan 10, 2020 | 6 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to January 23, 2020 - filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Cottrell, Frederick) |
| Nov 21, 2019 | 4 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by The United States of America: For Gilead Sciences Ireland UC waiver sent on 11/13/2019, answer due 1/13/2020. (Brown, Walter) |
| Nov 21, 2019 | 5 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by The United States of America: For Gilead Sciences, Inc. waiver sent on 11/13/2019, answer due 1/13/2020. (Brown, Walter) |
| Nov 13, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Nov 7, 2019 | N/A | No Summons Issued (0) Docket Text: No Summons Issued. (myr) |
| Nov 6, 2019 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 1 | Complaint (Exhibit 1-5) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 1 | Complaint (Exhibit 6) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 1 | Complaint (Exhibit 7-19) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 1 | Complaint (Exhibit 20-33) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 1 | Complaint (Exhibit 34-61) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 1 | Complaint (Exhibit 62-92) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc., and Gilead Sciences Ireland UC - Magistrate Consent Notice to Pltf (Fee waived). - filed by The United States of America. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit 6, # (3) Exhibit 7-19, # (4) Exhibit 20-33, # (5) Exhibit 34-61, # (6) Exhibit 62-92, # (7) Civil Cover Sheet)(myr) |
| Nov 6, 2019 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Nov 6, 2019 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. 9,044,509; U.S. 9,579,333; U.S. 9,937,191; U.S. 10,335,423. (myr) Modified on 11/13/2019 (dlw). |
