Case number 1:18-cv-00224
ViiV Healthcare Company et al v. Gilead Sciences, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 12, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [276] STIPULATION TO EXTEND TIME (1) Letter Dated June 4, 2020 from Daniel M. Silver, Esq. to Magistrate Judge Burke (D.I. 267); (2) Plaintiffs Concise Counterstatement of Facts on Opposition to Defendants Statement of Facts (D.I. 268); (3) Plaintiffs Conci filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd.. Ordered by Judge Colm F. Connolly on 6/12/2020. (fms) |
| Jun 12, 2020 | 281 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Reply Expert Report of James T. Carmichael Concerning USPTO Patent Practice and Procedure filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 11, 2020 | 276 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME (1) Letter Dated June 4, 2020 from Daniel M. Silver, Esq. to Magistrate Judge Burke (D.I. 267); (2) Plaintiffs Concise Counterstatement of Facts on Opposition to Defendants Statement of Facts (D.I. 268); (3) Plaintiffs Concise Counterstatement of Facts in Opposition to Defendants Statement of Facts (D.I. 269); (4) Exhibits 1-5 to Plaintiffs Concise Counterstatement of Facts In Opposition to Defendants Statement of Facts (D.I. 270); and (5) Plaintiffs Opposition to Defendants Motion for Summary Judgment (D.I. 271) to June 16, 2020 - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Joyce, Alexandra) |
| Jun 11, 2020 | 277 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. Motions referred to Christopher J. Burke.(Joyce, Alexandra) |
| Jun 10, 2020 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Resetting Mediation Conference: A Mediation Conference is set for 8/11/2020 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Confidential Mediation Statements are due 8/4/2020. Ordered by Judge Christopher J. Burke on 6/10/2020. (dlb) Modified on 6/10/2020 (dlb). |
| Jun 10, 2020 | 275 | Motion for Leave to File (Main Document) (7) Docket Text: MOTION for Leave to File Amicus Curiae Brief - filed by Bayer AG. (Attachments: # (1) Proposed Amicus Brief, # (2) Text of Proposed Order)(Mayo, Andrew) |
| Jun 10, 2020 | 275 | Motion for Leave to File (Proposed Amicus Brief) (23) Docket Text: MOTION for Leave to File Amicus Curiae Brief - filed by Bayer AG. (Attachments: # (1) Proposed Amicus Brief, # (2) Text of Proposed Order)(Mayo, Andrew) |
| Jun 10, 2020 | 275 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File Amicus Curiae Brief - filed by Bayer AG. (Attachments: # (1) Proposed Amicus Brief, # (2) Text of Proposed Order)(Mayo, Andrew) |
| Jun 8, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORDER Setting Teleconference: The Court has reviewed the parties' June 5, 2020, letter requesting a discovery teleconference as to one dispute raised by Plaintiffs. (D.I. 272) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for June 22, 2020 at 2:00 p.m. before Judge Christopher J. Burke.; (2) By no later than June 12, 2020, the side requesting relief shall file an opening letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues as to the dispute they are raising.; (3) By no later than June 18, 2020, the side opposing relief may file an answering letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than June 18, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. Ordered by Judge Christopher J. Burke on 6/8/2020. (dlb) |
| Jun 5, 2020 | 272 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Request to Schedule a Discovery Teleconference. (Silver, Daniel) |
| Jun 2, 2020 | 265 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by Gilead Sciences, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) |
| May 29, 2020 | 261 | Redacted Document (13) Docket Text: REDACTED VERSION of [254] Statement by Gilead Sciences, Inc.. (Blumenfeld, Jack) |
| May 29, 2020 | 262 | Redacted Document (8) Docket Text: REDACTED VERSION of [256] Statement by Gilead Sciences, Inc.. (Blumenfeld, Jack) |
| May 29, 2020 | 263 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [257] Opening Brief in Support, by Gilead Sciences, Inc.. (Attachments: # (1) Appendix A)(Blumenfeld, Jack) |
| May 29, 2020 | 263 | Redacted Document (Appendix A) (2) Docket Text: REDACTED VERSION of [257] Opening Brief in Support, by Gilead Sciences, Inc.. (Attachments: # (1) Appendix A)(Blumenfeld, Jack) |
| May 29, 2020 | 264 | Redacted Document (Main Document) (3) Docket Text: REDACTED VERSION of [258] Declaration, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-I)(Blumenfeld, Jack) |
| May 29, 2020 | 264 | Redacted Document (Exhibits A-I) (30) Docket Text: REDACTED VERSION of [258] Declaration, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibits A-I)(Blumenfeld, Jack) |
| May 28, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' May 27, 2020, letter requesting a discovery teleconference regarding each side's respective discovery dispute. (D.I. [259]) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for 6/15/2020 at 03:00 PM before Judge Christopher J. Burke.; (2) By no later than June 4, 2020, each side shall file an opening letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues as to the dispute they are raising.; (3) By no later than June 11, 2020, each side may file an answering letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition to the opening letter brief of the other side.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than June 12, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 5/28/2020. (mlc) |
| May 27, 2020 | 259 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Request for a Discovery Teleconference. (Blumenfeld, Jack) |
| May 22, 2020 | 253 | Motion for Summary Judgment (5) Docket Text: MOTION for Summary Judgment (Non-Infringement - Bicyclic A-Rings) - filed by Gilead Sciences, Inc.. (Blumenfeld, Jack) |
| May 22, 2020 | 255 | Motion for Summary Judgment (5) Docket Text: MOTION for Summary Judgment (Non-Infringement - Fluorines) - filed by Gilead Sciences, Inc.. (Blumenfeld, Jack) |
| May 20, 2020 | 252 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Expert Report of Nicholas P. Godici filed by Gilead Sciences, Inc..(Blumenfeld, Jack) |
| May 18, 2020 | 250 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of David MacMillan, Ph.D. on May 26, 2020 at 9 a.m. Eastern Daylight Time, or at such time and place as the parties may agree filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| May 18, 2020 | 251 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Douglas Richman, M.D. on June 2, 2020 at 11 a.m. Eastern Daylight Time, or at such time and place as the parties may agree. filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| May 13, 2020 | N/A | Order Setting Mediation Conferences (0) Docket Text: ORAL ORDER Setting Mediation Conference: The Mediation set for 5/21/2020 is cancelled. A Telephone Conference is set for 6/1/2020 at 11:00 AM before Judge Christopher J. Burke to discuss the setting of a new mediation date. Counsel shall provide the Court with dial-in information via email, by emailing Deborah Benyo, no later than 24 hours prior to the call. Ordered by Judge Christopher J. Burke on 5/13/2020. (dlb) |
| May 7, 2020 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 5/7/2020 re [159] MOTION to Strike the Expert Report of James T. Carmichael filed by Gilead Sciences, Inc. (Court Reporter V. Gunning.) (nmf) |
| May 7, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER denying as premature [159] MOTION to Strike the Expert Report of James T. Carmichael filed by Gilead Sciences, Inc. for the reasons stated during today's teleconference. Ordered by Judge Colm F. Connolly on 5/7/2020. (nmf) |
| May 7, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney John M. Hughes 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. (mal) |
| May 6, 2020 | 247 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Alan Engelman, Ph.D. on May 14, 2020 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| May 6, 2020 | 248 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Peter Wipf, Ph.D. on May 15, 2020 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| May 4, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [246] MOTION for Pro Hac Vice Appearance of Attorney John M. Hughes of Bartlit Beck LLP filed by Gilead Sciences, Inc. Signed by Judge Colm F. Connolly on 5/4/2020. (fms) |
| May 4, 2020 | 246 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John M. Hughes of Bartlit Beck LLP - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| May 1, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Hearings: A Telephonic Oral Argument re [159] MOTION to Strike the Expert Report of James T. Carmichael filed by Gilead Sciences, Inc. is set for 5/7/2020 at 10:00 AM before Judge Colm F. Connolly. Counsel for Gilead Sciences, Inc. shall coordinate the call and email the dial-in information to the court. Ordered by Judge Colm F. Connolly on 5/1/2020. (nmf) |
| Apr 30, 2020 | 245 | Transcript (58) Docket Text: Official Transcript of Telephone Conference held on April 22, 2020 before Judge Colm F. Connolly. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. 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 5/21/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/29/2020. (bpg) |
| Apr 29, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendant's discovery motion for leave to serve supplemental and sur-reply expert reports, (D.I. 212) (the "Motion"), and the parties' letter briefs, (D.I. 222; D.I. 230; D.I. 231), and having heard oral argument on April 20, 2020, (D.I. 237 (hereinafter "Tr.")), HEREBY ORDERS as follows with regard to Defendant's request to serve sur-reply reports from Drs. Morris and Taft relating to issues of noninfringement, (D.I. 222 at 2; D.I. 231 at 2) and with regard to Defendant's request to serve a sur-reply report from its damages expert, Dr. Vellturo, (D.I. 222 at 3; D.I. 231 at 2): (1) As to the proposed Taft sur-reply report, Defendant suggests that it is necessary in order to respond to new opinions in Plaintiffs expert Dr. Dressman's reply report regarding pharmacokinetics, formulation and co-formulation. (D.I. 222 at 2) But in his reply report, Dr. Dressman appears here to have been responding directly to material in Dr. Taft's rebuttal report. (D.I. 212, ex. O at paras. 177-79, 200-07) Thus, Defendant has not made a showing of good cause necessary to permit the sur-reply report and this part of the Motion is DENIED.; (2) As to the proposed Morris sur-reply report, Plaintiffs have sufficiently explained to the Court how in his reply report, Plaintiffs' expert Dr. Byrn was using IR spectroscopy to evaluate the solid-state properties of bictegravir and dolutegravir, and that he was properly doing so in response to Dr. Morris analysis of the solid-state characteristics of the two compounds in Dr. Morris' rebuttal report. (D.I. 212, ex. P at 50-56; D.I. 230, ex. K) Just because IR spectroscopy was not utilized in an opening report does not mean that it cannot properly be mustered to fairly respond to Dr. Morris' solid-state analysis. Thus, this part of the Motion is DENIED.; (3) As to the proposed Vellturo sur-reply report, Dr. Vellturo submitted a rebuttal report containing certain errors, (D.I. 230 at 5; see also Tr. at 47), which Plaintiffs' expert Dr. Simcoe pointed out in his reply report, (D.I. 212, ex. R at paras. 40-47; Tr. at 47). Dr. Vellturo was then permitted to correct these errors in an errata report, (id., ex. S), and so this is no basis for the submission of a further report. Otherwise, Defendant points to the fact that Dr. Simcoe's reply report criticized Dr. Vellturo's methodology. (Id., ex. R at paras. 38-42) Here, the Court is not persuaded how any matter in Dr. Simcoe's reply was outside the scope of a permissible reply report, as it seems to respond directly to estimates and assumptions contained in Dr. Vellturo's rebuttal report. (Id.) Thus, there is no good cause to permit a sur-reply report here and this part of the Motion too is DENIED. Ordered by Judge Christopher J. Burke on 4/29/2020. (dlb) |
| Apr 29, 2020 | 243 | SO ORDERED (2) Docket Text: SO ORDERED, re [241] STIPULATION and Order Modifying the Schedule. ORDER, Setting Scheduling Order Deadlines: Expert Discovery due by 8/17/2020., Dispositive Motions due by 5/22/2020., Answering Brief due 6/5/2020., Reply Brief due 6/12/2020., Proposed Pretrial Order due by 9/2/2020. See order for further details. Signed by Judge Colm F. Connolly on 4/29/2020. (nmf) |
| Apr 29, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER The Court, having considered Plaintiffs' request for leave to file a supplemental report by its damages expert, Dr. Timothy Simcoe, in order to respond to an errata served by Defendants damages expert, (D.I. 217; D.I. 220), hereby GRANTS Plaintiffs' request, because it is unopposed, (D.I. 229 at 1). The Court DENIES AS MOOT Plaintiffs' request to file an additional supplemental report in response to a sur-reply report from Defendant's expert, (D.I. 217 at 1), in light of the fact that the Court has denied Defendant's request to file such a sur-reply, (D.I. 242). Ordered by Judge Christopher J. Burke on 4/29/2020. (dlb) |
| Apr 28, 2020 | 241 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order Modifying the Schedule by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Apr 27, 2020 | 240 | Redacted Document (6) Docket Text: REDACTED VERSION of [232] Letter by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Apr 24, 2020 | N/A | Order on Motion to Strike (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' motion to strike, or, alternatively, for leave to file sur-reply reports ("motion"), (D.I. 215), and the parties' letter briefs, (D.I. 216; D.I. 228; D.I. 232), and having heard oral argument on April 20, 2020, HEREBY ORDERS as follows: (1) Here, Plaintiffs are moving to strike three categories of material from the reports of Defendant's experts Dr. MacMillan and Dr. Paton: experimental work, computational work, and mathematical work. (D.I. 228 at 1; 232 at 1) As to Dr. MacMillan's experimental work, the Court HEREBY DENIES as MOOT the motion, in light of Defendant's decision to withdraw the material. (D.I. 228 at 1) As to Plaintiffs' request that, in light of this, the Court order Defendant to pay Plaintiffs' expenses for responding to that material, including attorney's fees and expert costs, (D.I. 232 at 1), because this request was made in Plaintiffs' reply brief, and Defendant has not had a fair opportunity to respond, the Court DENIES the request WITHOUT PREJUDICE. Plaintiffs may renew the request by way of a separate discovery dispute motion if they wish.; (2) As to the second category, i.e., Dr. Paton's computational work (as well as portions of Dr. MacMillan's report that rely on this work), with regard to whether such material was untimely included in Dr. Paton's reply report (and should have been disclosed in an opening expert report instead), the issue is somewhat complicated by the fact that (as Defendant acknowledged at oral argument) Dr. Paton actually began his computational work prior to the submission of opening expert reports. (See also D.I. 232 at 2) But the rules do not require automatically excluding any material that could have been included in an opening report (as this could result in experts including in an opening report lots of material that might be superfluous or unnecessary). See Helios Software, LLC v. SpectorSoft Corp., No. 12-081-LPS, 2014 WL 4796111, at *3 (D. Del. Sept. 18, 2014); Crowley v. Chait, 322 F. Supp. 2d 530, 551 (D.N.J. 2004). And here, the Court can see how the computational work at issue was directly responsive to Plaintiffs expert's criticism in a rebuttal report that Dr. MacMillan's initial analysis did not include any "specific experimental or theoretical data[.]" (D.I. 228, ex. B at paras. 73, 74 & n.115, 113 & n.23) Thus, the material is not untimely, and the Court DENIES the motion in this regard.; (3) As to the third category, i.e. mathematical work performed by Dr. MacMillan and Dr. Paton, material in the reply reports at issue do appear directly responsive to Plaintiffs experts criticism that that only a "relatively small percentage" of the claimed compounds at issue cannot be made without undue experimentation. (Id. at paras. 128, 134, 137) And Plaintiffs did not persuasively argue otherwise. (D.I. 232) Therefore, the Court also DENIES the motion in this regard.; (4) Last, because Defendant has no objection, (D.I. 228 at 5), the Court GRANTS the motion to the extent that it will allow Plaintiffs to serve sur-reply reports in response to the material in the challenged portions of Defendants reply reports regarding computational and mathematical work. Ordered by Judge Christopher J. Burke on 4/23/2020. (dlb) |
| Apr 24, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendant's discovery motion, (D.I. 212) (the "Motion"), and the parties' letter briefs, (D.I. 222; D.I. 230; D.I. 231), and having heard oral argument on April 20, 2020, (D.I. 237 (hereinafter "Tr.")), HEREBY ORDERS as follows with regard to Defendant's request to serve supplemental expert reports by Dr. MacMillan, Dr. Reynolds and Dr. Richman: (1) First, Defendant asks that Dr. MacMillan, Dr. Reynolds and Dr. Richman be permitted to address two publications (Cook 2020 and Passos 2020) that were published after Defendant's rebuttal reports, but prior to Plaintiffs' reply reports. (D.I. 222 at 1-2; D.I. 230 at 2-3) By virtue of this timing, Plaintiffs experts were able to address Cook 2020 and Passos 2020 in their reply reports. The material then is clearly relevant, and there is good cause to permit Defendant's experts to address it in a supplemental report, as they were not previously able to reference the published articles and the articles' conclusions. (D.I. 231 at 1) Indeed, during oral argument, Plaintiffs' counsel did not really contest that such supplementation should be allowed. (Tr. at 40); (2) Next, Defendant moves that Dr. Richman also be permitted to address in his supplemental report new research presented at the CROI conference. (D.I. 222 at 2; D.I. 230 at 3) The conference was held after Defendant served its rebuttal reports, and there is no real dispute that information presented there could be relevant to the issues in the case. And Defendant was upfront about its desire to supplement the record with this information, and sought to do so well before the parties' proposed deadline for supplemental expert reports. (See D.I. 231 at 2; D.I. 212, ex. G at 6; Tr. at 42) Accordingly, this aspect of Dr. Richmans proposed supplemental report is timely under Rule 37.; (3) Thus, the Court GRANTS Defendant's Motion as to the supplemental reports of Dr. MacMillan, Dr. Reynolds and Dr. Richman. And it GRANTS Plaintiffs request to allow the service of supplemental reports in response, a request the Court does not understand to be opposed. (See D.I. 230 at 2-3). Ordered by Judge Christopher J. Burke on 4/24/2020. (dlb) |
| Apr 23, 2020 | 236 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding ViiV's request for sanctions. (Attachments: # (1) Exhibit A)(Blumenfeld, Jack) |
| Apr 23, 2020 | 236 | Letter (Exhibit A) (26) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding ViiV's request for sanctions. (Attachments: # (1) Exhibit A)(Blumenfeld, Jack) |
| Apr 23, 2020 | 237 | Transcript (62) Docket Text: Official Transcript of telephone conference held on April 20, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@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 5/14/2020. Redacted Transcript Deadline set for 5/26/2020. Release of Transcript Restriction set for 7/22/2020. (vjg) |
| Apr 22, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 4/22/2020. (Court Reporter B. Gaffigan.) (nmf) |
| Apr 21, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 4/20/2020. The Court heard the parties' arguments regarding their discovery disputes. The Court took matters under advisement. (Clerk, Schwerin) APPEARANCES: Daniel Silver, Alexandra Joyce, Todd Krauss, Justin Wilcox, Lindsey Miller and Mark Rocklyn for Plaintiffs; Jack Blumenfeld, Scott McBride, Matthew Ford, Rebecca Horwitz, and Andrea Hutchison for Defendant. (Court Reporter Valerie Gunning) (dlb) |
| Apr 21, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [233] Joint STIPULATION TO EXTEND TIME for the parties to file public versions (see Stipulation for details) filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Ordered by Judge Christopher J. Burke on 4/21/2020. (dlb) |
| Apr 21, 2020 | 234 | Redacted Document (Main Document) (7) Docket Text: REDACTED VERSION of [228] Letter, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-E)(Tigan, Jeremy) |
| Apr 21, 2020 | 234 | Redacted Document (Exhibit A-E) (30) Docket Text: REDACTED VERSION of [228] Letter, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-E)(Tigan, Jeremy) |
| Apr 21, 2020 | 235 | Redacted Document (30) Docket Text: REDACTED VERSION of [230] Letter, / Letter to Magistrate Judge Christopher J. Burke from Daniel M. Silver, Esq. regarding Plaintiffs' Opposition to Gilead's Motion for Leave to Serve Six Additional Expert Reports - re [222] Letter by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Apr 20, 2020 | 233 | Stipulation to EXTEND Time (2) Docket Text: Joint STIPULATION TO EXTEND TIME for the parties to file public versions (see Stipulation for details) - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Joyce, Alexandra) |
| Apr 16, 2020 | 231 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Gilead's motion for leave - re [212] MOTION for Leave to Serve Supplemental and Sur-Reply Expert Reports . (Blumenfeld, Jack) |
| Apr 13, 2020 | 229 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Supplemental Simcoe Report - re [217] Letter,. (Blumenfeld, Jack) |
| Apr 9, 2020 | 224 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [216] Letter, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Pt. 2 of 3, # (2) Pt. 3 of 3)(Silver, Daniel) |
| Apr 9, 2020 | 224 | Redacted Document (Pt. 2 of 3) (30) Docket Text: REDACTED VERSION of [216] Letter, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Pt. 2 of 3, # (2) Pt. 3 of 3)(Silver, Daniel) |
| Apr 9, 2020 | 224 | Redacted Document (Pt. 3 of 3) (30) Docket Text: REDACTED VERSION of [216] Letter, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Pt. 2 of 3, # (2) Pt. 3 of 3)(Silver, Daniel) |
| Apr 9, 2020 | 225 | Redacted Document (30) Docket Text: REDACTED VERSION of [217] Letter, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Apr 9, 2020 | 226 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [212] MOTION for Leave to Serve Supplemental and Sur-Reply Expert Reports by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-S)(Tigan, Jeremy) |
| Apr 9, 2020 | 226 | Redacted Document (Exhibit A-S) (30) Docket Text: REDACTED VERSION of [212] MOTION for Leave to Serve Supplemental and Sur-Reply Expert Reports by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-S)(Tigan, Jeremy) |
| Apr 9, 2020 | 227 | Redacted Document (27) Docket Text: REDACTED VERSION of [213] Opening Brief in Support, by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Apr 8, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [221] STIPULATION TO EXTEND TIME to File Redacted Documents (D.I. 212, 213, 216 & 217) to April 7, 2020 and April 8, 2020 filed by Gilead Sciences, Inc., [223] STIPULATION TO EXTEND TIME to File Redacted Documents (D.I. 212, 213, 216 & 217) to April 9, 2020 filed by Gilead Sciences, Inc. Ordered by Colm F. Connolly on 4/8/2020. (fms) |
| Apr 7, 2020 | 223 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to File Redacted Documents (D.I. 212, 213, 216 & 217) to April 9, 2020 - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Apr 6, 2020 | 222 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding submission of additional expert reports. (Blumenfeld, Jack) |
| Apr 3, 2020 | 221 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to File Redacted Documents (D.I. 212, 213, 216 & 217) to April 7, 2020 and April 8, 2020 - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Mar 31, 2020 | 220 | Motion for Miscellaneous Relief (2) Docket Text: MOTION for a Teleconference to Resolve Discovery Dispute re [219] Order Setting Teleconference,,,,,, - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. Motions referred to Christopher J. Burke.(Silver, Daniel) |
| Mar 30, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed Plaintiffs' March 27, 2020 letter (D.I. [218]). Plaintiffs are correct. Discovery motions were referred to Magistrate Judge Burke, and he therefore will address the motions at issue, including the motion docketed at D.I. [212]. Ordered by Judge Colm F. Connolly on 3/30/2020. (nmf) |
| Mar 30, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has considered the parties' recently filed motions regarding expert discovery-related disputes, (D.I. 212; D.I. 215; D.I. 217), their briefs, (D.I. 213; D.I. 216; D.I. 217), and the District Court's March 30, 2020 Oral Order, and hereby ORDERS as follows: (1) A telephonic hearing as to all of the motions is set for April 20, 2020, at 1:00 PM.; (2) Defendants' brief, (D.I. 213) is hereby STRICKEN. By April 6, 2020, Defendant shall file an opening letter brief of no more than three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By April 13, 2020, Plaintiffs may file an answering letter brief of no longer than five (5) single-spaced pages, in no less than 12-point font, in response to Defendant's opening letter brief. Also on April 13, 2020, Defendant may file two answering letter briefs, each no longer than five (5) single-spaced pages, in no less than 12-point font, in response to each of Plaintiffs' opening letter briefs, (D.I. 216; D.I. 217).; (4) By April 16, 2020, the parties may file reply briefs of no longer than two (2) single-spaced pages, in no less than 12-point font, one for each discovery dispute.; (5) Plaintiffs are ORDERED to file a one-page motion in relation to the dispute they bring in their second letter brief, (D.I. 217); and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Signed by Judge Christopher J. Burke on 3/30/2020. (dlb) |
| Mar 27, 2020 | 214 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling a Discovery Teleconference. (Silver, Daniel) |
| Mar 27, 2020 | 215 | Motion to Strike (Main Document) (2) Docket Text: MOTION to Strike or Alternatively for Leave to Serve a Surreply - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Text of Proposed Order)(Silver, Daniel) |
| Mar 27, 2020 | 215 | Motion to Strike (Text of Proposed Order) (2) Docket Text: MOTION to Strike or Alternatively for Leave to Serve a Surreply - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Text of Proposed Order)(Silver, Daniel) |
| Mar 27, 2020 | 218 | Letter (2) Docket Text: Letter to The Honorable Colm F. Connolly and The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Request for Guidance Regarding Recently Filed Motions to Strike and Motions for Leave to Serve Surreply - re [215] MOTION to Strike or Alternatively for Leave to Serve a Surreply, [217] Letter, [216] Letter,. (Silver, Daniel) |
| Mar 23, 2020 | 211 | Redacted Document (7) Docket Text: REDACTED VERSION of [193] Memorandum and Order, [210] Oral Order,,,,,,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Mar 20, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has considered Plaintiffs' Motion to Redact Memorandum Order ("Motion"), (D.I. [195]), and HEREBY GRANTS-IN-PART and DENIES-IN-PART the Motion for the following reasons: (1) The Motion is GRANTED as to the redactions relating to Dr. Kawasuji's salary and compensation, (D.I. 193 at 3; see also D.I. 195 at 3-4), for the reasons set forth by Plaintiffs.; (2) The Motion is DENIED as to Dr. Kawasuji's remark regarding the patent in-suit. (D.I. 193 at 4; see also D.I. 195 at 4-5) While Plaintiffs argue that disclosure of the redacted material could cause "embarrassment" for Dr. Kawasuji and/or Plaintiffs, (D.I. 195 at 5), the subject matter of the statement is not salacious; instead, the statement is about how Defendant's conduct relates to a patent at issue here. A moving party has a high bar to clear to redact material based on purportedly "embarrassing" content, which Plaintiffs' Motion does not meet. See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 787 (3d Cir. 1994); Rossi v. Schlarbaum, Civil Action No. 07-3792, 2008 WL 222323, at *3 (E.D. Pa. Jan. 25, 2008). As to Plaintiffs' argument that the remark should be redacted because it originated in an e-mail "not intended for public disclosure or publication" when it was sent, (D.I. 195 at 4), the Court fails to see how this communication is different from almost any other work-related e-mail communication in that regard. And to the extent Plaintiffs disagree with how Defendant characterizes the e-mail, (id.), they have the ability to push back on that characterization in this case.; (3) Therefore, the Court further ORDERS Plaintiffs to submit a Memorandum Order, (D.I. 193), with redactions in accordance with this Oral Order, by no later than March 25, 2020. Ordered by Judge Christopher J. Burke on 3/20/2020. (mlc) |
| Mar 19, 2020 | 206 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [197] Declaration by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-C, # (2) Letter to The Honorable Colm F. Connolly)(Tigan, Jeremy) |
| Mar 19, 2020 | 206 | Redacted Document (Exhibit A-C) (30) Docket Text: REDACTED VERSION of [197] Declaration by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-C, # (2) Letter to The Honorable Colm F. Connolly)(Tigan, Jeremy) |
| Mar 19, 2020 | 206 | Redacted Document (Letter to The Honorable Colm F. Connolly) (1) Docket Text: REDACTED VERSION of [197] Declaration by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-C, # (2) Letter to The Honorable Colm F. Connolly)(Tigan, Jeremy) |
| Mar 19, 2020 | 207 | Redacted Document (4) Docket Text: REDACTED VERSION of [198] Statement by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Mar 19, 2020 | 208 | Redacted Document (30) Docket Text: REDACTED VERSION of [199] Statement by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Mar 19, 2020 | 209 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [200] Statement, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit D11-D20, # (2) Exhibit D21-D24, # (3) Exhibit D25 (part 1), # (4) Exhibit D25 (part 2), # (5) Exhibit D26-D30)(Tigan, Jeremy) |
| Mar 19, 2020 | 209 | Redacted Document (Exhibit D11-D20) (30) Docket Text: REDACTED VERSION of [200] Statement, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit D11-D20, # (2) Exhibit D21-D24, # (3) Exhibit D25 (part 1), # (4) Exhibit D25 (part 2), # (5) Exhibit D26-D30)(Tigan, Jeremy) |
| Mar 19, 2020 | 209 | Redacted Document (Exhibit D21-D24) (30) Docket Text: REDACTED VERSION of [200] Statement, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit D11-D20, # (2) Exhibit D21-D24, # (3) Exhibit D25 (part 1), # (4) Exhibit D25 (part 2), # (5) Exhibit D26-D30)(Tigan, Jeremy) |
| Mar 19, 2020 | 209 | Redacted Document (Exhibit D25 (part 1)) (30) Docket Text: REDACTED VERSION of [200] Statement, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit D11-D20, # (2) Exhibit D21-D24, # (3) Exhibit D25 (part 1), # (4) Exhibit D25 (part 2), # (5) Exhibit D26-D30)(Tigan, Jeremy) |
| Mar 19, 2020 | 209 | Redacted Document (Exhibit D25 (part 2)) (30) Docket Text: REDACTED VERSION of [200] Statement, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit D11-D20, # (2) Exhibit D21-D24, # (3) Exhibit D25 (part 1), # (4) Exhibit D25 (part 2), # (5) Exhibit D26-D30)(Tigan, Jeremy) |
| Mar 19, 2020 | 209 | Redacted Document (Exhibit D26-D30) (30) Docket Text: REDACTED VERSION of [200] Statement, by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit D11-D20, # (2) Exhibit D21-D24, # (3) Exhibit D25 (part 1), # (4) Exhibit D25 (part 2), # (5) Exhibit D26-D30)(Tigan, Jeremy) |
| Mar 18, 2020 | 205 | SO ORDERED (3) Docket Text: SO ORDERED, re [204] STIPULATION Modifying the Case Schedule re [87] Scheduling Order. The 4/1/2020 Evidentiary Hearing and the 4/17/2020 Expert Discovery Deadline are vacated. ORDER, Setting Deadlines/Hearings: A Telephonic Status Conference is set for 4/22/2020 at 10:00 AM before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 3/18/2020. (nmf) |
| Mar 17, 2020 | 201 | Redacted Document (30) Docket Text: REDACTED VERSION of [194] Declaration, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Mar 17, 2020 | 202 | Redacted Document (17) Docket Text: REDACTED VERSION of [195] MOTION to Redact Memorandum Order re [193] Memorandum and Order, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Mar 17, 2020 | 204 | Stipulation (3) Docket Text: STIPULATION Modifying the Case Schedule re [87] Scheduling Order,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Mar 10, 2020 | 196 | Statement (Main Document) (4) Docket Text: STATEMENT - Plaintiffs' Identification of Extrinsic Evidence for April 1, 2020 Evidentiary Hearing Regarding the Claim Construction of "Are Independently" by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Exhibits 2 - 7, # (2) Exhibits 8 - 15, # (3) Exhibits 16 - 24)(Silver, Daniel) |
| Mar 10, 2020 | 196 | Statement (Exhibits 2 - 7) (30) Docket Text: STATEMENT - Plaintiffs' Identification of Extrinsic Evidence for April 1, 2020 Evidentiary Hearing Regarding the Claim Construction of "Are Independently" by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Exhibits 2 - 7, # (2) Exhibits 8 - 15, # (3) Exhibits 16 - 24)(Silver, Daniel) |
| Mar 10, 2020 | 196 | Statement (Exhibits 8 - 15) (30) Docket Text: STATEMENT - Plaintiffs' Identification of Extrinsic Evidence for April 1, 2020 Evidentiary Hearing Regarding the Claim Construction of "Are Independently" by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Exhibits 2 - 7, # (2) Exhibits 8 - 15, # (3) Exhibits 16 - 24)(Silver, Daniel) |
| Mar 10, 2020 | 196 | Statement (Exhibits 16 - 24) (30) Docket Text: STATEMENT - Plaintiffs' Identification of Extrinsic Evidence for April 1, 2020 Evidentiary Hearing Regarding the Claim Construction of "Are Independently" by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Exhibits 2 - 7, # (2) Exhibits 8 - 15, # (3) Exhibits 16 - 24)(Silver, Daniel) |
| Mar 4, 2020 | 191 | Transcript (27) Docket Text: Official Transcript of telephone conference held on March 2, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@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 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020. (vjg) |
| Mar 4, 2020 | 192 | Redacted Document (22) Docket Text: REDACTED VERSION of [187] Letter by Gilead Sciences, Inc.. (Blumenfeld, Jack) |
| Mar 3, 2020 | 190 | Motion for Hearing (2) Docket Text: Joint MOTION for Hearing (Teleconference) to Resolve Discovery Dispute re [179, 182, 183] Oral Orders - filed by Gilead Sciences, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) |
| Mar 2, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 3/2/20. The Court heard the parties' arguments regarding the parties discovery dispute, (D.I. 184; D.I. 187). The Court took the matters under advisement. (Clerk, Schwerin) APPEARANCES: Alexandra Joyce, Todd Krauss, Justin Wilcox, and Lindsey Miller for Plaintiffs; Jeremy Tigan, Scott McBride, and Matthew Ford for Defendants; (Court Reporter Valerie Gunning.) (dlb) |
| Feb 28, 2020 | 189 | Redacted Document (30) Docket Text: REDACTED VERSION of [184] Letter, to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Opening Letter Brief by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Feb 27, 2020 | 188 | Order Setting Mediation Conferences (7) Docket Text: ORDER Setting Mediation Conference: A Mediation Conference is set for 5/21/2020 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 2/27/2020. (dlb) |
| Feb 25, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed the parties' joint letter dated February 21, 2020 (D.I. 186). The Court will not permit at the evidentiary hearing testimony from Plaintiffs' "experienced patent drafter" or its "non-technical linguistic expert." The proffered testimony would not "educate the court regarding the field of the invention." Phillips v. AWH Corp., 415 F.3d 1303, 1319 (Fed. Cir. 2005) (en banc). Ordered by Judge Colm F. Connolly on 2/25/2020. (nmf) |
| Feb 21, 2020 | 185 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Errata to the January 10, 2020 Expert Report of Christopher A. Vellturo, Ph.D. filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Feb 21, 2020 | 186 | Letter (4) Docket Text: Letter to The Honorable Colm F. Connolly from Jack B. Blumenfeld regarding schedule for evidentiary hearing. (Blumenfeld, Jack) |
| Feb 20, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Going forward, the Court hereby ORDERS that the procedures for resolving a dispute relating to discovery or the protective order set out in the Scheduling Order, (D.I. 87 at 4-5), will be modified as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery or protective order matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order for Patent cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. For disputes relating to discovery, the moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute, and for disputes relating to protective orders, the parties shall file a Joint Motion for Teleconference to Resolve Protective Order Dispute. The suggested text for these motions can be found in the same Forms tab. The Court will thereafter set a discovery or protective order dispute telephone conference. Ordered by Judge Christopher J. Burke on 2/20/2020. (dlb) |
| Feb 20, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed the parties recent letters regarding the discovery dispute teleconference scheduled for March 2, 2020 at 3:00 pm. (D.I. 180; D.I. 181) The Court had scheduled the teleconference and set out a briefing schedule in light of a letter filed on February 12, 2020 that explained that it was filed on behalf of the parties[.] (D.I. 178 at 1) That letter did not indicate which side was the moving party as to the pending dispute. (Id.) And so, the Court, assuming that there was no clear moving party as to this issue, thereafter set a briefing schedule in which Plaintiffs were to file an opening letter brief on February 20, 2020 and Defendant was to file an answering letter brief on February 27, 2020. (D.I. 179) In light of the Plaintiffs recent letter, (D.I. 180), the Court will extend their deadline to file an opening letter brief until February 21, 2020. Defendants answering letter brief will remain due on February 27, 2020.. Signed by Judge Christopher J. Burke on 2/20/2020. (dlb) |
| Feb 19, 2020 | 180 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Request for Clarification of Oral Order. (Silver, Daniel) |
| Feb 19, 2020 | 181 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding response to Plaintiff's letter - re [180] Letter. (Tigan, Jeremy) |
| Feb 13, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed the parties' February 12, 2020 letter requesting a discovery teleconference regarding a discovery dispute. (D.I. 178) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Amended Scheduling Order, (D.I. 87), will be modified as follows with regard to this dispute: (1) The parties to this dispute 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 March 2, 2020, at 3:00 p.m. before Judge Christopher J. Burke.; (3) By no later than February, 20, 2020, Plaintiffs shall file an opening letter brief, not to exceed three (3) single-spaced pages, outlining their position as to the dispute.; (4) By no later than February 27, 2020, Defendant shall file a letter brief, not to exceed three (3) single-spaced pages, outlining its position as to the dispute.; (5) Two courtesy copies of the letter briefs are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 2/13/2020. (dlb) |
| Feb 12, 2020 | 178 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Discovery Teleconference. (Tigan, Jeremy) |
| Feb 10, 2020 | 176 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Dr. Stephen R. Byrn, Ph.D. Concerning Insubstantial Difference Between Dolutegravir and Bictegravir; (2) Reply Expert Report of Jay Dobkin, M.D. Regarding Infringement of U.S. Patent No. 8,129,385; (3) Reply Expert Report of Jennifer Dressman, Ph.D. Concerning Insubstantial Differences Between Dolutegravir and Bictegravir; (4) Reply Expert Report of Alan Engelman, Ph.D. Concerning Insubstantial Differences Between Dolutegravir and Bictegravir; (5) Reply Expert Report of Frederick Peter Guengerich, Ph.D., Regarding Infringement of U.S. Patent No. 8,129,385; (6) Reply Expert Report of Kenneth M. Merz, Jr., Ph.D., Concerning Gilead Sciences, Inc.s Infringement of U.S. Patent No. 8,129,385; (7) Supplemental Reply Expert Report of Kenneth M. Merz, Jr., Ph.D., Concerning Gilead Sciences, Inc.s Infringement of U.S. Patent No. 8,129,385; (8) Expert Report of Timothy Simcoe, Ph.D.; (9) Reply Expert Report of Raymond S. Sims; (10) Reply Expert Report of Peter Wipf, Ph.D., Concerning Gilead Sciences, Inc.s Infringement of U.S. Patent No. 8,129,385 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Feb 10, 2020 | 177 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Prof. Robert S. Paton and (2) Reply Expert Report of David W. C. MacMillan filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Feb 5, 2020 | 174 | Memorandum Opinion (13) Docket Text: MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 2/5/2020. (nmf) |
| Feb 5, 2020 | 175 | Order (2) Docket Text: ORDER denying [103] MOTION for Judgment on the Pleadings and vacating [84]Claim Construction Order. ORDER, Setting Hearings: An Evidentiary Hearing is set for 4/1/2020 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 2/5/2020. (nmf) |
| Feb 3, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [172] MOTION for Pro Hac Vice Appearance of Attorney Madeline W. Lansky of Bartlit Beck LLP filed by Gilead Sciences, Inc. Signed by Judge Colm F. Connolly on 2/3/2020. (fms) |
| Feb 3, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Madeline Lansky 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. (kmd) |
| Feb 3, 2020 | 173 | SO ORDERED (3) Docket Text: SO ORDERED, re [171] STIPULATION and Order to Allow an Additional Deposition of Dr. Takashi Kawasuji After the Close of Fact Discovery. Signed by Judge Colm F. Connolly on 2/3/2020. (nmf) |
| Jan 31, 2020 | 172 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Madeline W. Lansky of Bartlit Beck LLP - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Jan 30, 2020 | 171 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order to Allow an Additional Deposition of Dr. Takashi Kawasuji After the Close of Fact Discovery by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Jan 28, 2020 | 170 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited re [159] MOTION to Strike the Expert Report of James T. Carmichael. (Silver, Daniel) |
| Jan 21, 2020 | 169 | Reply Brief (Main Document) (18) Docket Text: REPLY BRIEF re [159] MOTION to Strike the Expert Report of James T. Carmichael filed by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A)(Blumenfeld, Jack) |
| Jan 21, 2020 | 169 | Reply Brief (Exhibit A) (9) Docket Text: REPLY BRIEF re [159] MOTION to Strike the Expert Report of James T. Carmichael filed by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A)(Blumenfeld, Jack) |
| Jan 13, 2020 | 165 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Rebuttal Expert Report of Dr. Peter Wipf filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jan 13, 2020 | 166 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Expert Report of Robert Burk, Ph.D., (2) Expert Report of Prof. Bryan Cullen, (3) Rebuttal Expert Report of David W. C. MacMillan, Ph.D., (4) Expert Report of Kenneth R. Morris, (5) Expert Report of Charles H. Reynolds, (6) Expert Report of Douglas D. Richman, M.D., (7) Expert Report of David Taft, Ph.D., and (8) Expert Report of Christopher A. Vellturo, Ph.D. filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 13, 2020 | 167 | Redacted Document (24) Docket Text: REDACTED VERSION of [163] Answering Brief in Opposition, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Smyth, Benjamin) |
| Jan 13, 2020 | 168 | Redacted Document (14) Docket Text: REDACTED VERSION of [164] Declaration, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Smyth, Benjamin) |
| Dec 23, 2019 | 162 | Redacted Document (30) Docket Text: REDACTED VERSION of [160] Opening Brief in Support, by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Dec 18, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [161] STIPULATION TO EXTEND TIME Briefing for Defendant's Motion to Strike the Expert Report of James T. Carmichael to January 6, 2020 & January 21, 2020 filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd., Set Briefing Schedule: re [159] MOTION to Strike the Expert Report of James T. Carmichael. (Answering Brief due 1/6/2020., Reply Brief due 1/21/2020.) Signed by Judge Colm F. Connolly on 12/18/2019. (nmf) |
| Dec 18, 2019 | 161 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME Briefing for Defendant's Motion to Strike the Expert Report of James T. Carmichael to January 6, 2020 & January 21, 2020 - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Dec 9, 2019 | 159 | Motion to Strike (Main Document) (5) Docket Text: MOTION to Strike the Expert Report of James T. Carmichael - filed by Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order)(Tigan, Jeremy) |
| Dec 9, 2019 | 159 | Motion to Strike (Text of Proposed Order) (1) Docket Text: MOTION to Strike the Expert Report of James T. Carmichael - filed by Gilead Sciences, Inc.. (Attachments: # (1) Text of Proposed Order)(Tigan, Jeremy) |
| Dec 3, 2019 | 158 | SO ORDERED (2) Docket Text: SO ORDERED, re [157] Stipulation filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 12/3/2019. (fms) |
| Nov 27, 2019 | 157 | Stipulation (2) Docket Text: Joint STIPULATION and [Proposed] Order Regarding Miscellaneous Issues by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Nov 18, 2019 | 156 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Expert Report of Raymond Sims; (2) Expert Report of Peter Wipf, Ph.D.; (3) Expert Report of Kenneth M. Merz, Jr., Ph.D.; (4) Expert Report of Jay Dobkin, M.D.; (5) Expert Report of Alan Engelman, Ph.D.; (6) Expert Report of James T. Carmichael filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Nov 15, 2019 | 155 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Expert Report of David W. C. MacMillan, Ph.D. filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Nov 14, 2019 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 11/14/2019. (Court Reporter V. Gunning.) (nmf) |
| Nov 14, 2019 | 154 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Fifth Supplemental Responses to Plaintiffs' First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-24) filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Oct 21, 2019 | 153 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Trevor Scott on October 23, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Oct 17, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Hearings: An Oral Argument is set for 11/14/2019 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 10/17/2019. (nmf) |
| Oct 16, 2019 | 152 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Fourth Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Oct 4, 2019 | 150 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Objections and Responses to Gilead Sciences, Inc.s Fifth Set of Interrogatories (Nos. 13-14); (2) Plaintiffs Third Supplemental and Amended Response to Defendants First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-12); and (3) Plaintiffs Third Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Oct 4, 2019 | 151 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Second Set of Requests for Admission (Nos. 3-19), (2) Defendant Gilead Sciences, Inc.'s Fourth Supplemental Responses to Plaintiffs' First, Second & Third Sets of Interrogatories (Nos. 1-14), and (3) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Fourth Set of Interrogatories (Nos. 15-24) filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Oct 3, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Alyssa Monsen for Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited 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) |
| Oct 2, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [149] MOTION for Pro Hac Vice Appearance of Attorney Alyssa Monsen filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 10/2/2019. (fms) |
| Oct 2, 2019 | 149 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Alyssa Monsen - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Alyssa Monsen)(Silver, Daniel) |
| Oct 2, 2019 | 149 | Motion for Leave to Appear Pro Hac Vice (Certification for Alyssa Monsen) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Alyssa Monsen - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Alyssa Monsen)(Silver, Daniel) |
| Sep 27, 2019 | 148 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Jim Meyers on October 2, 2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 24, 2019 | 146 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Andrew Perry on such date, time, and place as may be mutually agreed upon -- filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Sep 24, 2019 | 147 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Andrew Zolopa on such date, time, and place as may be mutually agreed upon -- filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Sep 17, 2019 | 145 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Second Amended Objections And Responses To Gilead Sciences, Inc.s Notice Of Deposition Pursuant To Fed. R. Civ. P. 30(B)(6) (No. 58) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 13, 2019 | 142 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Second Supplemental Initial Disclosures filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Sep 13, 2019 | 143 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Gilead's Final Invalidity Contentions filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Sep 13, 2019 | 144 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 11, 2019 | 141 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Tomokazu Yoshinaga on date, time, and place as mutually agreed upon filed by Gilead Sciences, Inc..(Blumenfeld, Jack) |
| Sep 9, 2019 | 139 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Melissa Koomey on October 4, 2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 9, 2019 | 140 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Chris Freeman on October 1, 2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 5, 2019 | 137 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Third Supplemental Responses to Plaintiffs' First, Second & Third Sets of Interrogatories (Nos. 1-14) filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Sep 5, 2019 | 138 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Second Supplemental Response to Defendants First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-12) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 4, 2019 | 134 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Fifth Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [Nos. 13-14] filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Sep 4, 2019 | 135 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Fourth Set of Interrogatories to Gilead Sciences, Inc. (Nos. 15-24) and (2) Plaintiffs Second Set of Requests for Admission to Gilead Sciences, Inc. (Nos. 3-19) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 4, 2019 | 136 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Supplemental Authority by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited (Attachments: # (1) Exhibit A-B)(Silver, Daniel) |
| Sep 4, 2019 | 136 | Notice (Other) (Exhibit A-B) (20) Docket Text: NOTICE of Supplemental Authority by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited (Attachments: # (1) Exhibit A-B)(Silver, Daniel) |
| Sep 3, 2019 | 133 | Redacted Document (Main Document) (28) Docket Text: REDACTED VERSION of [128] Reply Brief in Support of Motion for Judgment on the Pleadings by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-B)(Tigan, Jeremy) |
| Sep 3, 2019 | 133 | Redacted Document (Exhibit A-B) (17) Docket Text: REDACTED VERSION of [128] Reply Brief in Support of Motion for Judgment on the Pleadings by Gilead Sciences, Inc.. (Attachments: # (1) Exhibit A-B)(Tigan, Jeremy) |
| Aug 30, 2019 | 132 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Second Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Aug 28, 2019 | 130 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs First Supplemental Privilege Log filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Aug 28, 2019 | 131 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited re [103] MOTION for Judgment on the Pleadings . (Silver, Daniel) |
| Aug 26, 2019 | 129 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Michael D. Jenks as co-counsel.. (Silver, Daniel) |
| Aug 23, 2019 | 127 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Katsuhiko Tamaki on date to be mutually agreed upon filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Aug 21, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: The Court has reviewed the parties' recent letters requesting a discovery teleconference regarding 1 discovery dispute. (D.I. 114; D.I. 115) It hereby ORDERS that the following procedures for resolving a discovery dispute shall be followed with regard to this dispute: (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 September 9, 2019 at 3:30 PM before Judge Christopher J. Burke.; (3) By no later than August 28, 2019, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than September 4, 2019, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the teleconference. Ordered by Judge Christopher J. Burke on 8/21/2019. (dlb) |
| Aug 20, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Meg Fasulo 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. (kmd) |
| Aug 20, 2019 | 124 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Objections and Responses to Plaintiffs' First Notice of Deposition Pursuant to Rule 30(b)(6) filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Aug 20, 2019 | 125 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' First Amended Claim Chart filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Aug 19, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Nevin M. Gewertz 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. (kmd) |
| Aug 19, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke for all disputes relating to discovery and the protective order. Ordered by Judge Colm F. Connolly on 8/19/2019. (nmf) |
| Aug 16, 2019 | 122 | Redacted Document (30) Docket Text: REDACTED VERSION of [116] Answering Brief in Opposition, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Aug 16, 2019 | 123 | Redacted Document (30) Docket Text: REDACTED VERSION of [117] Declaration, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Aug 15, 2019 | 121 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs First Amended Objections and Responses to Gilead Sciences, Inc.s Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Aug 14, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [120] MOTION for Pro Hac Vice Appearance of Attorney Anjali Deshmukh filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 8/14/2019. (fms) |
| Aug 14, 2019 | 120 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Anjali Deshmukh - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Anjali Deshmukh)(Silver, Daniel) |
| Aug 14, 2019 | 120 | Motion for Leave to Appear Pro Hac Vice (Certification for Anjali Deshmukh) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Anjali Deshmukh - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Anjali Deshmukh)(Silver, Daniel) |
| Aug 13, 2019 | 118 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs First Supplemental Response to Defendants First, Second, Third, and Fourth Sets of Interrogatories (Nos. 1-12) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Aug 13, 2019 | 119 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Second Supplemental Responses to Plaintiffs' First, Second & Third Set of Interrogatories (Nos. 1-14) filed by Gilead Sciences, Inc..(Blumenfeld, Jack) |
| Aug 9, 2019 | 114 | Letter (1) Docket Text: Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding request for referral to a Magistrate Judge. (Tigan, Jeremy) |
| Aug 9, 2019 | 115 | Letter (1) Docket Text: Letter to The Honorable Colm F. Connolly from Daniel M. Silver, Esq. regarding Responsive Letter - re [114] Letter. (Silver, Daniel) |
| Aug 7, 2019 | 113 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Objections and Responses to Gilead's 30(b)(6) Topics filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Aug 6, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [112] MOTION for Pro Hac Vice Appearance of Attorney Nevin M. Gewertz and Meg E. Fasulo filed by Gilead Sciences, Inc. Signed by Judge Colm F. Connolly on 8/6/2019. (fms) |
| Jul 31, 2019 | 111 | Order Setting Mediation Conferences (1) Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is set for 2/24/2020 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 7/31/2019. (dlb) |
| Jul 31, 2019 | 112 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Nevin M. Gewertz and Meg E. Fasulo - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Jul 23, 2019 | 109 | Notice to Take Deposition (14) Docket Text: NOTICE to Take Deposition of ViiV Healthcare Company, Shionogi & Co., Ltd., and ViiV Healthcare UK (No. 3) Limited on August 28, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jul 23, 2019 | 110 | Notice (Other) (15) Docket Text: First NOTICE of Deposition Pursuant to Rule 30(b)(6) by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited (Silver, Daniel) |
| Jul 22, 2019 | 108 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Tamio Fujiwara on Date Mutually Agreed Upon filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jul 19, 2019 | 107 | Notice (Other) (6) Docket Text: NOTICE of Subpoena to Kendra Hightower by Gilead Sciences, Inc. (Tigan, Jeremy) |
| Jul 18, 2019 | 106 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs First Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jul 17, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [105] STIPULATION TO EXTEND TIME the Deadline for Counsel to File Answering and Reply Briefs regarding Motion for Judgment on the Pleadings to See Stip for Details filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Set Briefing Schedule: re [103] MOTION for Judgment on the Pleadings . (Answering Brief due 8/9/2019., Reply Brief due 8/23/2019.). Signed by Judge Colm F. Connolly on 7/17/2019. (fms) |
| Jul 17, 2019 | 105 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME the Deadline for Counsel to File Answering and Reply Briefs regarding Motion for Judgment on the Pleadings to See Stip for Details - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Jul 16, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdfs of D.I. [103] and D.I. [104] have been replaced with corrected versions per request of filer. (nmf) |
| Jul 12, 2019 | 103 | Motion for Judgment on the Pleadings (4) Docket Text: MOTION for Judgment on the Pleadings - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) (Main Document 103 replaced on 7/16/2019) (nmf, ). |
| Jul 12, 2019 | 104 | Opening Brief in Support (24) Docket Text: OPENING BRIEF in Support re [103] MOTION for Judgment on the Pleadings filed by Gilead Sciences, Inc..Answering Brief/Response due date per Local Rules is 7/26/2019. (Tigan, Jeremy) (Main Document 104 replaced on 7/16/2019) (nmf, ). |
| Jun 20, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Julianne M. Thomsen for Shionogi & Co., Ltd., for ViiV Healthcare Company, for ViiV Healthcare UK (No. 3) Limited 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) |
| Jun 19, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [89] MOTION for Pro Hac Vice Appearance of Attorney Julianne M. Thomsen filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 6/19/2019. (fms) |
| Jun 19, 2019 | 90 | Notice of Service (14) Docket Text: NOTICE OF SERVICE of Subpoenas filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 91 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Carrie McMahon on 8/6/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 92 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Diana Brainard on 8/28/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 93 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Haolun Jin on 9/6/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 94 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Hyung-Jung ("Peter") Pyun on 8/13/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 95 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of James Porter on 9/6/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 96 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kim Lindstrom on 8/9/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 97 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kirsten White on 8/15/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 98 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Manoj Desai on 8/7/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 99 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Mary J. Edwards on 8/9/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 100 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Robert Bridges on 9/4/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 101 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Scott Lazerwith on 9/4/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 19, 2019 | 102 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Xiaowu Chen on 8/7/2019 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 18, 2019 | 89 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Julianne M. Thomsen - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Julianne M. Thomsen)(Silver, Daniel) |
| Jun 18, 2019 | 89 | Motion for Leave to Appear Pro Hac Vice (Certification for Julianne M. Thomsen) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Julianne M. Thomsen - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Julianne M. Thomsen)(Silver, Daniel) |
| Jun 14, 2019 | 88 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s First Supplemental Responses to Plaintiffs' First, Second & Third Sets of Interrogatories (Nos. 1-14) filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| May 28, 2019 | 87 | Scheduling Order (13) Docket Text: AMENDED SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Amended Pleadings due by 8/5/2019. Fact Discovery completed by 10/4/2019. Expert Discovery due by 4/17/2020. Dispositive Motions due by 5/26/2020. Proposed Pretrial Order due by 9/2/2020. A Final Pretrial Conference is set for 9/8/2020 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 9/21/2020 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 5/23/2019. (nmf) |
| May 22, 2019 | 86 | Proposed Order (13) Docket Text: Amended PROPOSED ORDER Scheduling Order Pursuant to May 16, 2019 Telephonic Status Conference re Scheduling Conference, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| May 17, 2019 | 85 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Response to Gilead Sciences, Inc.s Fourth Set of Interrogatories (Nos. 10-12) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| May 16, 2019 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 5/16/2019. (Court Reporter V. Gunning.) Counsel shall file with the Court, no later than the close of business on Wednesday, May 22, 2019, a revised proposed scheduling order using the Judge's revised patent scheduling order form as updated on April 22, 2019. (nmf) |
| May 13, 2019 | 84 | Order (2) Docket Text: ORDER regarding Claim Construction re [83] Letter, [82] Letter. Signed by Judge Colm F. Connolly on 5/13/2019. (fms) |
| May 10, 2019 | 82 | Letter (4) Docket Text: Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding the Court's claim-construction proposal. (Tigan, Jeremy) |
| May 10, 2019 | 83 | Letter (3) Docket Text: Letter to The Honorable Colm F. Connolly from Daniel M. Silver, Esq. regarding Claim Construction - re [80] Order,. (Silver, Daniel) |
| May 8, 2019 | 81 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 5/16/2019 at 09:30 AM before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 5/8/2019. (nmf) |
| May 6, 2019 | 80 | Order (2) Docket Text: ORDER, IT IS HEREBY ORDERED, on this Sixth day of May in 2019, that the parties are invited to submit by no later than 4:30 p.m. on May 10, 2019 letters that address the Court's contemplated claim construction. The letters shall be in 14-point font and no longer than 1,250 words. Signed by Judge Colm F. Connolly on 5/6/2019. (nmf) |
| Apr 24, 2019 | 79 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order to Amend the Scheduling Order by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Apr 17, 2019 | 78 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Fourth Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [Nos. 10-12] filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Apr 10, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [77] STIPULATION TO EXTEND TIME the deadline for the parties to substantially complete document production to April 25, 2019 filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 4/10/2019. (nmf) |
| Apr 9, 2019 | 77 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME the deadline for the parties to substantially complete document production to April 25, 2019 - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Mar 20, 2019 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 3/20/2019. (Court Reporter V. Gunning.) (nmf) |
| Mar 12, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [76] MOTION for Pro Hac Vice Appearance of Attorney Thomas J. Derbish filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 3/12/2019. (fms) |
| Mar 12, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Thomas J. Derbish for Shionogi & Co., Ltd.,ViiV Healthcare Company, and ViiV Healthcare UK (No. 3) Limited 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. (ddp) |
| Mar 11, 2019 | 75 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Second Supplemental Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Mar 11, 2019 | 76 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Thomas J. Derbish - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Thomas J. Derbish)(Silver, Daniel) |
| Mar 11, 2019 | 76 | Motion for Leave to Appear Pro Hac Vice (Certification for Thomas J. Derbish) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Thomas J. Derbish - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Thomas J. Derbish)(Silver, Daniel) |
| Feb 27, 2019 | 73 | Redacted Document (30) Docket Text: REDACTED VERSION of [71] Claim Construction Opening Brief by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Feb 27, 2019 | 74 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [72] Appendix, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Appendix Part II)(Silver, Daniel) |
| Feb 27, 2019 | 74 | Redacted Document (Appendix Part II) (30) Docket Text: REDACTED VERSION of [72] Appendix, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Appendix Part II)(Silver, Daniel) |
| Feb 14, 2019 | 70 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Gilead Sciences, Inc.'s Sur-Reply Claim Construction Brief filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Feb 7, 2019 | 69 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Reply Claim Construction Brief filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jan 24, 2019 | 68 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Gilead Sciences, Inc.'s Answering Claim Brief filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 18, 2019 | 67 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' First Set of Requests for Admission (Nos. 1-2), (2) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Second Set of Requests for the Production of Documents and Things (Nos. 64-66), and (3) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Third Set of Interrogatories (No. 14) filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 57 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Warren Cheek on May 13, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 58 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Scott Young on May 13, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 59 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Marlon Pittman on May 16, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 60 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Brian Johns on May 16, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 61 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Teruhiko Taishi on May 20, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 62 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Takashi Kawasuji on May 20, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 63 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Yoshiyuki Taoda on May 23, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 64 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Hiroshi Yoshida on May 23, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 65 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Neil Wilkinson on May 24, 2019 filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jan 14, 2019 | 66 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Subpoenas (Joseph Reisman, Ph.D. and William Zimmerman) by Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Tigan, Jeremy) |
| Jan 14, 2019 | 66 | Notice (Other) (Exhibits 1-2) (20) Docket Text: NOTICE of Subpoenas (Joseph Reisman, Ph.D. and William Zimmerman) by Gilead Sciences, Inc. (Attachments: # (1) Exhibits 1-2)(Tigan, Jeremy) |
| Jan 8, 2019 | 56 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Opening Claim Construction Brief filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jan 7, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Laurie N. Stempler for ViiV Healthcare Company and ViiV Healthcare UK (No. 3) Limited 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. (ceg) |
| Jan 7, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [54] MOTION for Pro Hac Vice Appearance of Attorney Nao Takada filed by Gilead Sciences, Inc. Signed by Judge Colm F. Connolly on 1/7/2019. (fms) |
| Jan 7, 2019 | 54 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Nao Takada - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Jan 7, 2019 | 55 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Alexandra M. Joyce on behalf of Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited (Joyce, Alexandra) |
| Jan 4, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [53] MOTION for Pro Hac Vice Appearance of Attorney Laurie Stempler filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 1/4/2019. (fms) |
| Jan 3, 2019 | 52 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Michael P. Stadnick as co-counsel.. (Silver, Daniel) |
| Jan 3, 2019 | 53 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Laurie Stempler - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Laurie Stempler)(Silver, Daniel) |
| Jan 3, 2019 | 53 | Motion for Leave to Appear Pro Hac Vice (Certification for Laurie Stempler) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Laurie Stempler - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification for Laurie Stempler)(Silver, Daniel) |
| Dec 19, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Todd L. Krause for Shionogi & Co., Ltd.,Todd L. Krause for ViiV Healthcare Company,Todd L. Krause for ViiV Healthcare UK (No. 3) Limited 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. (ddp) |
| Dec 19, 2018 | 51 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limiteds First Set of Requests for Admission to Defendant Gilead Sciences, Inc. (Nos. 1-9); (2) Plaintiffs Second Set of Requests to Gilead Sciences, Inc. for the Production of Documents and Things (Nos. 64-66); and (3) Plaintiffs Third Set of Interrogatories to Gilead Sciences, Inc. (No. 14) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Dec 18, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [50] MOTION for Pro Hac Vice Appearance of Attorney Todd L. Krause, PhD filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Signed by Judge Colm F. Connolly on 12/18/2018. (fms) |
| Dec 17, 2018 | 50 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Todd L. Krause, PhD - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)(Silver, Daniel) |
| Dec 17, 2018 | 50 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to be Admitted Pro Hac Vice) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Todd L. Krause, PhD - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)(Silver, Daniel) |
| Dec 13, 2018 | 49 | Claim Construction Chart (Main Document) (5) Docket Text: CLAIM Construction Chart by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Exhibit 1 & 2, # (4) Exhibit 3)(Silver, Daniel) |
| Dec 13, 2018 | 49 | Claim Construction Chart (Appendix A) (3) Docket Text: CLAIM Construction Chart by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Exhibit 1 & 2, # (4) Exhibit 3)(Silver, Daniel) |
| Dec 13, 2018 | 49 | Claim Construction Chart (Appendix B) (5) Docket Text: CLAIM Construction Chart by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Exhibit 1 & 2, # (4) Exhibit 3)(Silver, Daniel) |
| Dec 13, 2018 | 49 | Claim Construction Chart (Exhibit 1 & 2) (30) Docket Text: CLAIM Construction Chart by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Exhibit 1 & 2, # (4) Exhibit 3)(Silver, Daniel) |
| Dec 13, 2018 | 49 | Claim Construction Chart (Exhibit 3) (30) Docket Text: CLAIM Construction Chart by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Appendix A, # (2) Appendix B, # (3) Exhibit 1 & 2, # (4) Exhibit 3)(Silver, Daniel) |
| Nov 26, 2018 | 48 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Response to Gilead Sciences, Inc.s Third Set of Interrogatories (No. 9) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Nov 15, 2018 | 46 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs Proposed Claim Terms for Construction filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Nov 15, 2018 | 47 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Claim Terms for Construction filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Nov 5, 2018 | 45 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' Second Set of Interrogatories (Nos. 11-13); and (2) Defendant Gilead Sciences, Inc.'s First Supplemental Initial Disclosures filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Nov 2, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER re [44] Scheduling Order, Whereas the Court issued a revised scheduling order today (D.I.[44]), the Court directs the parties' attention to the revisions concerning (a) the deadlines for providing courtesy copies of letters in discovery disputes (paragraph 5), (b) separate text searchable pdfs (paragraph 8), (c) courtesy copies of letters (paragraph 7), and (d) summary judgment motion requirements (paragraph 13). Ordered by Judge Colm F. Connolly on 11/2/2018. (nmf) |
| Nov 2, 2018 | 44 | Scheduling Order (12) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/21/2019. Amended Pleadings due by 5/31/2019. Discovery due by 2/13/2020. Fact Discovery completed by 8/1/2019. Dispositive Motions due by 3/20/2020. An Oral Argument is set for 5/22/2020 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly. Joint Claim Construction Brief due by 2/20/2019. A Markman Hearing is set for 3/20/2019 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 9/8/2020 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 9/21/2020 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 11/2/2018. (nmf) |
| Oct 31, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER, It is ordered that the parties shall submit a Word Version of D.I. [40] Proposed Scheduling Order to the Court via the Court's civil email address: cfc_civil@ded.uscourts.gov. Ordered by Judge Colm F. Connolly on 10/31/2018. (nmf) |
| Oct 25, 2018 | 42 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Gilead's Initial Invalidity Contentions filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Oct 25, 2018 | 43 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Gilead Science's Third Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [No. 9] filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Oct 15, 2018 | 41 | Notice (Other) (2) Docket Text: NOTICE of Change to Firm Name by Gilead Sciences, Inc. (Tigan, Jeremy) |
| Oct 11, 2018 | 40 | Proposed Order (10) Docket Text: PROPOSED ORDER Scheduling by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Oct 5, 2018 | 39 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Non-Party Wenderoth, Lind, & Ponack, L.L.P.s First Amended Objections and Responses to Gilead Sciences, Inc.s Subpoena to Produce Documents, Information, or Objects; (2) Letter from Kyle G. Petrie to Tulsi E. Gaonkar regarding Subpoena Response; and (3) Plaintiffs Second Set of Interrogatories to Gilead Sciences, Inc. (Nos. 11-13) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Oct 2, 2018 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - Telephonic Scheduling Conference held on 10/2/2018. (Court Reporter V. Gunning.) Counsel to submit the final proposed revised scheduling order to the Court. (nmf) |
| Sep 27, 2018 | 38 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Response to Gilead Sciences, Inc.s Second Set of Interrogatories (No. 8); (2) Plaintiffs Response to Gilead Sciences, Inc.s Second Set of Requests for Admission (Nos. 4-5); and (3) Plaintiffs Response to Gilead Sciences, Inc.s Second Set of Requests for Production of Documents and Things (Nos. 91-95) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 21, 2018 | 37 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Initial Claim Chart and (2) Plaintiffs First Supplemental Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Sep 19, 2018 | 36 | Order Setting Scheduling Conference (1) Docket Text: Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 10/2/2018 at 09:00 AM before Judge Colm F. Connolly. Counsel for plaintiffs shall coordinate and initiate the call to chambers. Signed by Judge Colm F. Connolly on 9/19/2018. (nmf) |
| Sep 12, 2018 | 35 | Status Report (4) Docket Text: Joint STATUS REPORT by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Sep 10, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER by Judge Colm F. Connolly on 9/10/2018: In light of the reassignment of this case, the Court HEREBY ORDERS that the prior referral to Magistrate Judge Christopher J. Burke is withdrawn, with the exception that any referral to Judge Burke for ADR shall remain in place. (nmf) |
| Aug 31, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Aug 31, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Pursuant to the reassignment of this action, the parties shall submit a joint status report on or before September 17, 2018. Please identify in the status report the next event the parties believe the Court needs to schedule. (Status Report due by 9/17/2018.) Ordered by Judge Colm F. Connolly on 8/31/2018. (nmf) |
| Aug 28, 2018 | 33 | Notice (Other) (12) Docket Text: NOTICE of Subpoena (Wenderoth, Lind, & Ponack, L.L.P.) by Gilead Sciences, Inc. (Tigan, Jeremy) |
| Aug 28, 2018 | 34 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Second Set of Requests for the Production of Documents and Things to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited Nos. 91-95; (2) Defendant Gilead Sciences, Inc.'s Second Set of Requests for Admission to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [Nos. 4-5] and (3) Defendant Gilead Sciences, Inc.'s Second Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Healthcare UK (No. 3) Limited [No. 8] filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Aug 7, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [32] Protective Order filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Ordered by Judge Christopher J. Burke on 8/7/2018. (dlb) |
| Aug 7, 2018 | 32 | Proposed Order (28) Docket Text: PROPOSED ORDER Protective Order by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Aug 6, 2018 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Telephone Conference held on 8/6/2018 regarding protective order dispute (D.I. 26). The Court granted Plaintiffs' proposal and ordered that Plaintiffs' counsel shall submit a revised proposed Protective Order including that language by August 7, 2018. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Smith, L. Miller, M. Jenks, M. Stadnick for Plaintiffs; J. Tigan, M. Ford, R. Horwitz for Defendant. (mlc) |
| Aug 2, 2018 | 30 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Responsive Letter re Protective Order Dispute - re Oral Order,,,,,,. (Silver, Daniel) |
| Aug 2, 2018 | 31 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Gilead's response regarding protective order issue - re [28] Letter, Oral Order,,,,,,. (Attachments: # (1) Exhibits A-E)(Tigan, Jeremy) |
| Aug 2, 2018 | 31 | Letter (Exhibits A-E) (30) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Gilead's response regarding protective order issue - re [28] Letter, Oral Order,,,,,,. (Attachments: # (1) Exhibits A-E)(Tigan, Jeremy) |
| Jul 31, 2018 | 28 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Plaintiff's position regarding the Proposed Protective Order. (Attachments: # (1) Authorities Cited in Letter)(Silver, Daniel) |
| Jul 31, 2018 | 28 | Letter (Authorities Cited in Letter) (30) Docket Text: Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Plaintiff's position regarding the Proposed Protective Order. (Attachments: # (1) Authorities Cited in Letter)(Silver, Daniel) |
| Jul 31, 2018 | 29 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding protective order dispute - re Oral Order,,,,,,. (Attachments: # (1) Exhibit 1 (Proposed Protective Order))(Tigan, Jeremy) |
| Jul 31, 2018 | 29 | Letter (Exhibit 1 (Proposed Protective Order)) (30) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding protective order dispute - re Oral Order,,,,,,. (Attachments: # (1) Exhibit 1 (Proposed Protective Order))(Tigan, Jeremy) |
| Jul 30, 2018 | 27 | Order Setting Mediation Conferences (5) Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is set for 8/20/2018 at 11:30 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 7/30/2018. (dlb) |
| Jul 25, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court has reviewed the parties July 23, 2018 letter regarding a protective order dispute. (D.I. [25]) It hereby ORDERS that the procedures for resolving a protective order dispute set out in in paragraph 8(g) of the Scheduling Order, (D.I. 15), will be followed with regard to this dispute. To that end: (1) The parties shall file a "Joint Motion for Teleconference to Resolve Protective Order 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 protective order dispute teleconference will be held on Monday, August 6, 2018 at 3:00pm, with Plaintiffs counsel to initiate the call; (3) Not less than ninety-six (96) hours prior to the teleconference, excluding weekends and holidays, each party shall file with the Court a letter, not to exceed two (2) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues, and including the partys proposal as to how the content of the disputed portion(s) of the protective order should read. Not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, each party may file a letter, not to exceed two (2) pages, in no less than 12-point font, outlining that partys response to the opposing partys initial letter.; and (4) Two courtesy copies of the letters are to be hand delivered to the Clerks Office within one hour of e-filing.. Ordered by Judge Christopher J. Burke on 7/25/2018. (mlc) |
| Jul 25, 2018 | 26 | Motion for Protective Order (2) Docket Text: Joint MOTION for Protective Order Joint Motion for Teleconference to Resolve Protective Order Dispute - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. Motions referred to Christopher J. Burke.(Silver, Daniel) |
| Jul 23, 2018 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-10); and (2) Defendant Gilead Sciences, Inc.'s Objections & Responses to Plaintiffs' First Set of Requests for the Production of Documents and Things (Nos. 1-63) filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jul 23, 2018 | 25 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Daniel M. Silver, Esq. regarding Scheduling of a Teleconference to Resolve a Protective Order Dispute. (Silver, Daniel) |
| Jul 19, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [23] STIPULATION TO EXTEND TIME by which the parties shall file a proposed protective order to July 25, 2018 filed by Gilead Sciences, Inc. Ordered by Judge Christopher J. Burke on 7/19/2018. (dlb) |
| Jul 18, 2018 | 23 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME by which the parties shall file a proposed protective order to July 25, 2018 - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Jul 12, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [22] STIPULATION TO EXTEND TIME for the parties to file a proposed protective order to July 18, 2018 filed by Gilead Sciences, Inc.. Ordered by Judge Christopher J. Burke on 7/12/2018. (mlc) |
| Jul 10, 2018 | 22 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to file a proposed protective order to July 18, 2018 - filed by Gilead Sciences, Inc.. (Tigan, Jeremy) |
| Jul 5, 2018 | 20 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jul 5, 2018 | 21 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Disclosures Pursuant to Paragraph 1 of the Scheduling Order filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jun 25, 2018 | 19 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Response to Gilead Sciences, Inc.s First Set of Requests for Admission (Nos. 1-3); (2) Plaintiffs Response to Gilead Sciences, Inc.s First Set of Requests for Production of Documents and Things (Nos. 1-90); and (3) Plaintiffs Response to Gilead Sciences, Inc.s First Set of Interrogatories (Nos. 1-7) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 22, 2018 | 18 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs First Set of Requests to Gilead Sciences, Inc. for the Production of Documents and Things (Nos. 1-63); and (2) Plaintiffs First Set of Interrogatories to Gilead Sciences, Inc. (Nos. 1-10) filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 21, 2018 | 16 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Initial Disclosures of Accused Products, Damages Models, and Asserted Patents; and (2) Plaintiffs Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited.(Silver, Daniel) |
| Jun 21, 2018 | 17 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant Gilead Sciences, Inc.'s Initial Disclosures filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| Jun 11, 2018 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Burke 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 http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb) |
| Jun 11, 2018 | 15 | Scheduling Order (17) Docket Text: SCHEDULING ORDER: Joinder of Parties due by 2/21/2019. Discovery due by 2/13/2020. Status Report due by 6/20/2019. Dispositive Motions due by 2/20/2020. A Motion Hearing is set for 5/22/2020 at 01:00 PM before Vacant Judgeship (2017) Claim Construction Opening Brief due by 1/17/2019. A Markman Hearing is set for 3/20/2019 at 11:00 AM before Vacant Judgeship (2017). A Pretrial Conference is set for 7/15/2020 at 11:00 AM before Vacant Judgeship (2017). A Jury Trial is set for 8/4/2020 at 09:30 AM before Vacant Judgeship (2017).. Signed by Judge Christopher J. Burke on 6/11/2018. (mlc) |
| Jun 8, 2018 | 14 | Proposed Order (17) Docket Text: PROPOSED ORDER Scheduling by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Silver, Daniel) |
| Jun 7, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Matthew R. Ford,Tulsi E. Gaonkar,Rebecca T. Horwitz,J. Scott McBride,Adam K. Mortara,Mark S. Ouweleen 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. (fms) |
| Jun 6, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [11] MOTION for Pro Hac Vice Appearance of Attorney Adam K. Mortara, J. Scott McBride, Mark S. Ouweleen, Matthew R. Ford, Tulsi E. Gaonkar, and Rebecca T. Horwitz filed by Gilead Sciences, Inc.. Ordered by Judge Christopher J. Burke on 6/6/2018. (dlb) |
| Jun 4, 2018 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 6/4/2018. The Court resolved the parties disputes and gave key dates. Counsel for Plaintiffs shall submit a revised proposed scheduling order by 6/8/2018. (Clerk, D. Benyo) Appearances: D. Silver, J. Desmarais, M. Stadnick, L. Miller for Plaintiffs; J. Blumenfeld, A. Moritara, M. Ford, T. Gaonkar for Defendant. (Court Reporter Taneha Carroll (Hawkins Reporting)) (dlb) |
| May 25, 2018 | 13 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant Gilead Sciences, Inc.'s First Set of Interrogatories to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Heathcare UK (No. 3) Limited [Nos. 1-7]; (2) Defendant Gilead Sciences, Inc.'s First Set of Requests for Admission to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Heathcare UK (No. 3) Limited [Nos. 1-3]; and (3) Defendant Gilead Sciences, Inc.'s First Set of Requests for the Production of Documents and Things to Plaintiffs ViiV Healthcare Company, Shionogi & Co., Ltd. and ViiV Heathcare UK (No. 3) Limited [Nos. 1-90] filed by Gilead Sciences, Inc..(Tigan, Jeremy) |
| May 22, 2018 | N/A | Order Setting Scheduling Conference (0) Docket Text: Oral Order Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 6/4/2018 at 03:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 5/22/2018. (dlb) |
| May 17, 2018 | 12 | Proposed Order (Main Document) (16) Docket Text: PROPOSED ORDER - Scheduling Order re Oral Order,,,,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding Case Scheduling Order and Case Management Checklist, # (2) Case Management Checklist)(Silver, Daniel) |
| May 17, 2018 | 12 | Proposed Order (Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding Ca) (4) Docket Text: PROPOSED ORDER - Scheduling Order re Oral Order,,,,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding Case Scheduling Order and Case Management Checklist, # (2) Case Management Checklist)(Silver, Daniel) |
| May 17, 2018 | 12 | Proposed Order (Case Management Checklist) (4) Docket Text: PROPOSED ORDER - Scheduling Order re Oral Order,,,,, by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Letter to The Honorable Christopher J. Burke from Daniel M. Silver regarding Case Scheduling Order and Case Management Checklist, # (2) Case Management Checklist)(Silver, Daniel) |
| Apr 17, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burkes Case Management Checklist (Checklist). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (I) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order consistent with Judge Burkes Rule 16 Scheduling Order Patent; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Rule 16 Scheduling Order Patent can be found on this Court's website (http://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). Ordered by Judge Christopher J. Burke on 4/17/2018. (dlb) |
| Apr 16, 2018 | 9 | Answer to Complaint (30) Docket Text: ANSWER to [1] Complaint, with Jury Demand by Gilead Sciences, Inc..(Blumenfeld, Jack) |
| Apr 16, 2018 | 10 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Gilead Sciences, Inc.. (Blumenfeld, Jack) |
| Apr 16, 2018 | 11 | Motion for Leave to Appear Pro Hac Vice (9) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Adam K. Mortara, J. Scott McBride, Mark S. Ouweleen, Matthew R. Ford, Tulsi E. Gaonkar, and Rebecca T. Horwitz - filed by Gilead Sciences, Inc.. Motions referred to Christopher J. Burke.(Blumenfeld, Jack) |
| Mar 19, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney John M. Desmarais for ViiV Healthcare Company 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. (lmm) |
| Mar 9, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Kyle G. Petrie for ViiV Healthcare Company 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. (ceg) |
| Mar 9, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michael D. Jenks,Justin Wilcox, PhD for Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited 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. (crb) |
| Mar 8, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michael P. Stadnick for ViiV Healthcare Company 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. (ceg) |
| Mar 8, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Lindsey E. Miller for Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited 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. (crb) |
| Mar 6, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [7] MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie filed by ViiV Healthcare UK (No. 3) Limited, ViiV Healthcare Company, Shionogi & Co., Ltd. Ordered by Judge Christopher J. Burke on 3/6/2018. (dlb) |
| Feb 21, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [8] STIPULATION TO EXTEND TIME for defendant to answer, move, or otherwise respond to the Complaint to April 16, 2018 filed by Gilead Sciences, Inc. Ordered by Judge Christopher J. Burke on 2/21/2018. (dlb) |
| Feb 20, 2018 | 8 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for defendant to answer, move, or otherwise respond to the Complaint to April 16, 2018 - filed by Gilead Sciences, Inc.. (Blumenfeld, Jack) |
| Feb 16, 2018 | 7 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certifications for John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie)Motions referred to Christopher J. Burke.(Silver, Daniel) |
| Feb 16, 2018 | 7 | Motion for Leave to Appear Pro Hac Vice (Certifications for John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox,) (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie - filed by Shionogi & Co., Ltd., ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Certifications for John M. Desmarais, Michael P. Stadnick, Justin P.D. Wilcox, Lindsey E. Miller, Michael D. Jenks, and Kyle G. Petrie)Motions referred to Christopher J. Burke.(Silver, Daniel) |
| Feb 14, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Vacant Judgeship (2017). Please include the initials of the Judge (VAC) after the case number on all documents filed. (nms) |
| Feb 14, 2018 | N/A | Case Referred to Magistrate Judge (0) Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (nms) |
| Feb 14, 2018 | N/A | Remark re Newer Attorneys (0) Docket Text: REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) |
| Feb 14, 2018 | N/A | Remark (0) Docket Text: REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb) |
| Feb 8, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Gilead Sciences, Inc. on 2/8/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (crb) |
| Feb 8, 2018 | 6 | Return of Service Executed (1) Docket Text: Return of Service Executed by ViiV Healthcare Company, Shionogi & Co., Ltd., ViiV Healthcare UK (No. 3) Limited. Gilead Sciences, Inc. served on 2/8/2018, answer due 3/1/2018. (Silver, Daniel) |
| Feb 7, 2018 | 1 | Complaint (Main Document) (27) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2318108.) - filed by ViiV Healthcare Company, Shionogi & Co., Ltd., ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(crb) |
| Feb 7, 2018 | 1 | Complaint (Exhibit A) (30) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2318108.) - filed by ViiV Healthcare Company, Shionogi & Co., Ltd., ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(crb) |
| Feb 7, 2018 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT filed with Jury Demand against Gilead Sciences, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2318108.) - filed by ViiV Healthcare Company, Shionogi & Co., Ltd., ViiV Healthcare UK (No. 3) Limited. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(crb) |
| Feb 7, 2018 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (crb) |
| Feb 7, 2018 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,129,385. (crb) |
| Feb 7, 2018 | 4 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc., Corporate Parent GlaxoSmithKline plc, Corporate Parent Shionogi Limited, Corporate Parent Shionogi & Co., Ltd. for ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited filed by ViiV Healthcare Company, ViiV Healthcare UK (No. 3) Limited. (crb) |
| Feb 7, 2018 | 5 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Shionogi & Co., Ltd. (crb) |
| Feb 7, 2018 | 1 | Complaint* (1) |
