Biotech Values

[mouton29]

Here is the docket for the main Copaxone patent case. Before anyone gets excited about the dismissal of the foreign defendants at the end, so far as I can tell that seems to me to be of little substance, it dismisses just the two foreign entities Novartis AG and Sandoz International GmbH, the claims against the US entities Sandoz Inc and Momenta remain and the patent dispute is ongoing. However, it is possible that some of this procedural frou frou has occupied the court and slowed things down.

Date Filed # Docket Text
08/28/2008 1 COMPLAINT against Sandoz, Inc., Sandoz International GmbH, Novartis AG, Momenta Pharmaceuticals, Inc.. (Filing Fee $ 350.00, Receipt Number 661755)Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc. (Attachments: # 1 Exhibit)(jpo) (Entered: 09/02/2008)
08/28/2008 SUMMONS ISSUED as to Sandoz, Inc., Sandoz International GmbH, Novartis AG, Momenta Pharmaceuticals, Inc. (jpo) (Entered: 09/02/2008)
08/28/2008 Magistrate Judge Michael H. Dolinger is so designated. (jpo) (Entered: 09/02/2008)
08/28/2008 Case Designated ECF. (jpo) (Entered: 09/02/2008)
08/28/2008 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Yeda Trust as Corporate Parent. Document filed by Yeda Research and Development Co. Ltd. (Attachments: # 1 Exhibit)(jpo) (Entered: 09/02/2008)
08/28/2008 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Orvet UK Unlimited ; Teva Pharmaceuticals Europe, B.V. ; Teva Pharmaceutical Industries Ltd. ; IVAX Corporation as Corporate Parent. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc..(jpo) (Entered: 09/02/2008)
08/28/2008 Mailed notice to Commissioner of Patents and Trademarks to report any additional copyrights in this action. (jpo) (Entered: 09/02/2008)
09/16/2008 4 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Barbara S. Jones on 9/15/08) (mme) (Entered: 09/16/2008)
09/24/2008 5 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James C. Francis, for General Pretrial (including scheduling, discovery, non-depositive pretrial motions, and settlement). Magistrate Judge Michael H. Dolinger no longer referred to the case. (mbe) (mbe). (Entered: 09/26/2008)
10/01/2008 6 WAIVER OF SERVICE RETURNED EXECUTED. Sandoz, Inc. waiver sent on 9/4/2008, answer due 11/3/2008. Document filed by Yeda Research and Development Co. Ltd.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.; Teva Neuroscience, Inc.. (Lin, Hsin) (Entered: 10/01/2008)
10/01/2008 7 WAIVER OF SERVICE RETURNED EXECUTED. Momenta Pharmaceuticals, Inc. waiver sent on 9/4/2008, answer due 11/3/2008. Document filed by Yeda Research and Development Co. Ltd.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.; Teva Neuroscience, Inc.. (Lin, Hsin) (Entered: 10/01/2008)
10/29/2008 8 NOTICE OF APPEARANCE by David M. Hashmall on behalf of Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd. (Hashmall, David) (Entered: 10/29/2008)
10/29/2008 9 NOTICE OF APPEARANCE by Jeffrey A. Simes on behalf of Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc. (Simes, Jeffrey) (Entered: 10/29/2008)
10/29/2008 10 MOTION for David C. Doyle, Brian M. Kramer and Anders T. Aannestad to Appear Pro Hac Vice. Document filed by Sandoz, Inc., Sandoz International GmbH, Novartis AG, Momenta Pharmaceuticals, Inc..(dle) (Entered: 10/31/2008)
10/31/2008 11 STIPULATION AND ORDER; that Defendants' time to move, answer of otherwise respond to the complaint in this action shall be extended to and including December 12, 2008, and that by entering into this stipulation Defendants have not waived any defenses, including lack of personal jutisdiction. SO ORDERED. (Signed by Judge Barbara S. Jones on 10/31/2008) (tve) (Entered: 10/31/2008)
11/03/2008 12 ORDER FOR ADMISSION PRO HAC VICE: It is hereby ordered that David C. Doyle, Brian M. Kramer, and Andres T. Aannestad are admitted to practice pro hac vice in this action. (Signed by Judge Barbara S. Jones on 11/3/2008) (jpo) (Entered: 11/03/2008)
11/03/2008 Transmission to Attorney Admissions Clerk. Transmitted re: 12 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) (Entered: 11/03/2008)
11/03/2008 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Momenta Pharmaceuticals, Inc..(Hagberg, Karen) (Entered: 11/03/2008)
11/03/2008 14 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Momenta Pharmaceuticals, Inc..(Hagberg, Karen) (Entered: 11/03/2008)
11/03/2008 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Novartis AG as Corporate Parent. Document filed by Sandoz Inc..(Hagberg, Karen) (Entered: 11/03/2008)
11/03/2008 16 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Sandoz Inc..(Hagberg, Karen) (Entered: 11/03/2008)
11/07/2008 17 CERTIFICATE OF SERVICE. Novartis AG served on 10/13/2008, answer due 12/12/2008. Service was made by Hague Convention. Document filed by Yeda Research and Development Co. Ltd.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.; Teva Neuroscience, Inc.. (Lin, Hsin) (Entered: 11/07/2008)
11/18/2008 18 STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS TO MOVE, ANSWER OR OTHERWISE RESPOND TO COUNTERCLAIMS BY SANDOZ INC. AND MOMENTA PHARMACEUTICALS INC: Plaintiffs' time to move, answer or otherwise respond to the counterclaims filed by Sandoz Inc. and momenta expires on December 1, 2008. So Ordered (Signed by Judge Barbara S. Jones on 11/18/08) (js) (Entered: 11/18/2008)
11/19/2008 CASHIERS OFFICE REMARK on 12 Order on Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 10/29/2008, Receipt Number 667504. (jd) (Entered: 11/19/2008)
12/04/2008 19 CERTIFICATE OF SERVICE. Sandoz International GmbH served on 10/27/2008, answer due 12/12/2008. Service was made by Hague Convention. Document filed by Yeda Research and Development Co. Ltd.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.; Teva Neuroscience, Inc.. (Lin, Hsin) (Entered: 12/04/2008)
12/08/2008 20 ANSWER to Counterclaim. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc..(Lin, Hsin) (Entered: 12/08/2008)
12/08/2008 21 ANSWER to Counterclaim. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc..(Lin, Hsin) (Entered: 12/08/2008)
12/11/2008 22 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Novartis Finance Corporation as Corporate Parent. Document filed by Sandoz Inc..(Aannestad, Anders) (Entered: 12/11/2008)
12/11/2008 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Sandoz International GmbH, Novartis AG.(Esposito, Grant) (Entered: 12/11/2008)
12/11/2008 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss. Document filed by Sandoz International GmbH, Novartis AG.(Esposito, Grant) (Entered: 12/11/2008)
12/11/2008 25 DECLARATION of Martin Henrich in Support re: 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss.. Document filed by Sandoz International GmbH, Novartis AG. (Esposito, Grant) (Entered: 12/11/2008)
12/11/2008 26 DECLARATION of Susanne Raehs in Support re: 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss.. Document filed by Sandoz International GmbH, Novartis AG. (Esposito, Grant) (Entered: 12/11/2008)
12/11/2008 27 DECLARATION of Allison Schneiders in Support re: 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss.. Document filed by Sandoz International GmbH, Novartis AG. (Attachments: # 1 Exhibit A)(Esposito, Grant) (Entered: 12/11/2008)
12/11/2008 28 MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss.. Document filed by Sandoz International GmbH, Novartis AG. (Esposito, Grant) (Entered: 12/11/2008)
01/06/2009 29 STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS TO OPPOSE OR OTHERWISE RESPOND TO NOVARTIS AG AND SANDOZ INTERNATIONAL GmbH's MOTION TO DISMISS: Plaintiffs' time to oppose or otherwise respond to Novartis AG and Sandoz International GmbH's Motion to Dismiss shall be extended to and including January 16,2009, that Defendants Novartis AG and Sandoz International GmbH's time to reply shall be extended to and including February 6, 2009. Set Deadlines as to 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss: (Responses due by 1/16/2009, Replies due by 2/6/2009.) (Signed by Judge Barbara S. Jones on 1/6/09) (db) (Entered: 01/06/2009)
01/14/2009 30 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Novartis AG.(Esposito, Grant) (Entered: 01/14/2009)
01/16/2009 31 MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Affidavit of Don Vermut, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35)(Simes, Jeffrey) (Entered: 01/16/2009)
01/29/2009 32 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Andrew J. Peck, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement).. (mbe) (mbe). (Entered: 01/30/2009)
01/29/2009 Judge Magistrate Judge Andrew J. Peck is added. (ad) (Entered: 09/24/2009)
02/04/2009 33 ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/27/2009 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 2/4/09) Copies Faxed By Chambers. (tro) (Entered: 02/04/2009)
02/06/2009 34 DECLARATION of Allison Schnieders in Support re: 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss.. Document filed by Sandoz International GmbH, Novartis AG. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Esposito, Grant) (Entered: 02/06/2009)
02/06/2009 35 REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss /Notice of Novartis AG and Sandoz International GmbH's Motion to Dismiss.. Document filed by Sandoz International GmbH, Novartis AG. (Esposito, Grant) (Entered: 02/06/2009)
02/20/2009 36 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc..(Lee, Steven) (Entered: 02/20/2009)
02/27/2009 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Initial Pretrial Conference held on 2/27/2009. Doc. production & ESI complete by 6/30; fact discovery cutoff 12/31, expert cutoff 3/1/2010. Status Conference set for 5/4/2009 at 02:00 PM before Magistrate Judge Andrew J. Peck. (mro) (Entered: 03/04/2009)
03/09/2009 37 JOINT STIPULATION AND SCHEDULING ORDER: It is hereby stipulated and agreed by and between the parties that the parties will exchange initial disclosures on March 13, 2009. Document discovery shall be completed by June 30, 2009. Fact discovery shall be completed by December 31, 2009. Expert discovery shall be completed by March 1, 2010. On or before September 22, 2009, the parties shall submit a joint claim construction chart to the Court. On or before October 7, 2009, the parties shall simultaneously file and serve opening claim construction briefs. On or before November 4, 2009, the parties shall simultaneously file and serve response claim construction briefs. On or before November 18, 2009, the parties shall simultaneously file and serve reply claim construction briefs. A claim construction hearing will be scheduled for early December 2009, subject to Judge Jone's schedule. The next pretrial conference is scheduled for May 4, 2009 at 2:00 p.m. (Signed by Magistrate Judge Andrew J. Peck on 3/9/2009) (jpo) (Entered: 03/09/2009)
03/12/2009 38 TRANSCRIPT of proceedings held on 2/27/09 before Magistrate Judge Andrew J. Peck. (ama) (Entered: 03/21/2009)
03/24/2009 39 NOTICE OF APPEARANCE by Jonathan Aaron Auerbach on behalf of Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc. (Auerbach, Jonathan) (Entered: 03/24/2009)
04/01/2009 40 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Barbara S. Jones on 3/31/09) (tro) (Entered: 04/01/2009)
04/10/2009 41 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Barbara S. Jones on 4/10/2009) (jpo) (Entered: 04/10/2009)
05/04/2009 42 ORDER SCHEDULING STATUS CONFERENCE, that a status conference is scheduled for Wednesday, June 17, 2009 at 2:00 p.m. before the undersigned in Courtroom 20D (500 Pearl Street). Please note that this date has been changed from the June 15 date discussed at today'sconference. (Signed by Magistrate Judge Andrew J. Peck on 5/4/09) Copies Faxed & ECF by Chambers.(pl) (Entered: 05/04/2009)
05/04/2009 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 5/4/2009. Parties agree to plaintiff's Hague request-will get signature sets to me tomorrow. Next status conference to be held before Judge Peck on 6/17 at 2 pm. (mro) (Entered: 05/05/2009)
05/05/2009 43 MOTION for Issuance of Letters Rogatory to Sandoz Intl and Novartis AG. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Supplement Letter of Request - Sandoz, # 2 Exhibit 1 - Sandoz Intl, # 3 Exhibit 2 - Sandoz Intl, # 4 Exhibit 3 - Sandoz Intl, # 5 Exhibit 4 - Sandoz Intl, # 6 Exhibit 5 - Sandoz Intl, # 7 Exhibit 6 - Sandoz Intl, # 8 Exhibit 7 - Sandoz Intl, # 9 Exhibit 8 - Sandoz Intl, # 10 Exhibit 9 - Sandoz Intl, # 11 Exhibit 10 - Sandoz Intl, # 12 Exhibit 11 - Sandoz Intl, # 13 Supplement German translation 1 - Sandoz Intl, # 14 Supplement German translation 2 - Sandoz Intl, # 15 Supplement German translation 3 - Sandoz Intl, # 16 Supplement Letter of Request - Novartis, # 17 Exhibit 1 - Novartis, # 18 Exhibit 2 - Novartis, # 19 Exhibit 3 - Novartis, # 20 Exhibit 4 - Novartis, # 21 Exhibit 5 - Novartis, # 22 Exhibit 6 - Novartis, # 23 Exhibit 7 - Novartis, # 24 Exhibit 8 - Novartis, # 25 Exhibit 9 - Novartis, # 26 Exhibit 10 - Novartis, # 27 Exhibit 11 - Novartis, # 28 Supplement German translation 1 - Novartis, # 29 Supplement German translation 2 - Novartis, # 30 Supplement German translation 3 - Novartis, # 31 Text of Proposed Order Granting motion to issue Letters of Request)(Lin, Hsin) (Entered: 05/05/2009)
05/05/2009 44 ORDER GRANTING PLAINTIFFS' APPLICATION REQUESTING THE COURT TO ISSUE INTERNATIONAL LETTERS OF REQUEST UNDER THE HAGUE EVIDENCE CONVENTION DIRECTED TO NOVARTIS AG AND SANDOZ INTERNATIONAL GMBH. Before the Court is a motion submitted by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., and Yeda Research and Development Co. Ltd. (collectively, "plaintiffs") requesting that this Court issue two Letters of Request pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters ("Letters of Request")granting 43 Motion for Issuance of Letters Rogatory. It Is Hereby Ordered that plaintiffs' motion is GRANTED. Plaintiffs shall submit the two Letters of Request, attached, to the designated Central Authorities. (Signed by Magistrate Judge Andrew J. Peck on May 5, 2009) Copies Faxed By Chambers.(ad) (Entered: 05/06/2009)
05/08/2009 45 NOTICE of filing of corrected exhibit re: 43 MOTION for Issuance of Letters Rogatory to Sandoz Intl and Novartis AG.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Exhibit Corrected German Translation - Document 43-14)(Lin, Hsin) (Entered: 05/08/2009)
05/11/2009 46 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Hsin Lin dated 5/8/09 re: Counsel for Plaintiffs Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc. and Yeda Research and Development Co., Ltd. have discovered a minor mistake in the German translation for the Sandoz International Letter of Request prior to their submission of the Letter to the Central Authority in Germany. In a few instances, "Germany" was translated into "Switzerland." Per Mr. Cuthbertson's instruction, counsel submit a corrected translation which they will be sending to the Central Authority. ENDORSEMENT: Approved. (Signed by Magistrate Judge Andrew J. Peck on 5/11/09) Copies Faxed By Chambers.(tro) Modified on 5/12/2009 (tro). (Entered: 05/11/2009)
05/12/2009 47 TRANSCRIPT of proceedings held on 5/4/09 before Magistrate Judge Andrew J. Peck. (ldi) (Entered: 05/13/2009)
05/20/2009 48 NOTICE OF APPEARANCE by Patricia Young on behalf of Yeda Research and Development Co. Ltd. (Young, Patricia) (Entered: 05/20/2009)
05/22/2009 49 TRANSCRIPT of proceedings held on 5/4/09 before Magistrate Judge Andrew J. Peck. (tro) (Entered: 06/02/2009)
06/15/2009 50 NOTICE OF APPEARANCE by Brian Jeffrey Eutermoser on behalf of Yeda Research and Development Co. Ltd. (Eutermoser, Brian) (Entered: 06/15/2009)
06/17/2009 51 DECLARATION of Geoffrey Black. *Docketed and filed pursuant to instructions from the Chambers of Magistrate Judge Andrew J. Peck. (tro) (Entered: 06/18/2009)
06/17/2009 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 6/17/2009. Plaintiff ran into ediscovery problems. Non-email ESi to be produces by 7/6 and email by 7/20. See transcript for other discovery rulings. Next Status Conference set for 7/22/2009 at 02:00 PM before Magistrate Judge Andrew J. Peck. (mro) (Entered: 06/19/2009)
06/25/2009 52 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION For The Court To Issue International Letter Of Request Under The Hague Evidence Convention Directed To Lek Pharmaeceutical and Chemical Company. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum In Support Of Motion, # 3 Declaration Of Anadita Vyakarnam In Support Of Motion, # 4 Exhibit A - Part 1, # 5 Exhibit Part 2, # 6 Exhibit Part 3, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F)(Simes, Jeffrey) Modified on 6/26/2009 (db). (Entered: 06/25/2009)
06/25/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jeffrey A. Simes to RE-FILE Document 52 MOTION For The Court To Issue International Letter Of Request Under The Hague Evidence Convention Directed To Lek Pharmaeceutical and Chemical Company. ERROR(S): Supporting Documents must be filed separately (i.e. Memorandum of Law and Declaration of Law in Support of Motion to be filed individually). ***REMINDER*** - First Re-File Motion, then file and link any supporting documents. (db) (Entered: 06/26/2009)
06/26/2009 53 MOTION For The Court To Issue International Letter Of Request Under The Hague Evidence Convention Directed To Lek Pharmaceutical and Chemical Company. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Text of Proposed Order)(Simes, Jeffrey) (Entered: 06/26/2009)
06/26/2009 54 MEMORANDUM OF LAW in Support re: 53 MOTION For The Court To Issue International Letter Of Request Under The Hague Evidence Convention Directed To Lek Pharmaceutical and Chemical Company.. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Simes, Jeffrey) (Entered: 06/26/2009)
06/26/2009 55 DECLARATION of ANANDITA VYAKARNAM in Support re: 53 MOTION For The Court To Issue International Letter Of Request Under The Hague Evidence Convention Directed To Lek Pharmaceutical and Chemical Company.. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A- Part 2, # 3 Exhibit A- Part 3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Simes, Jeffrey) (Entered: 06/26/2009)
06/29/2009 56 ORDER GRANTING PLAINTIFFS' APPLICATION REQUESTING THE COURT TO ISSUE INTERNATIONAL LETTER OF REQUEST UNDER THE HAGUE EVIDENCE CONVENTION DIRECTED TO LEK PHARMACEUTICAL AND CHEMICAL COMPANY: Plaintiffs motion is granted. Plaintiffs shall submit revised Letters of Request to the Court for approval. The Court suggests that the document requests, which are repetitive/redundant, while appropriate for a Rule 34 request should be redrafted for a Hague request to eliminate duplication. (Signed by Magistrate Judge Andrew J. Peck on 6/29/09) Copies faxed by chambers.(dle) Modified on 7/10/2009 (dle). (Entered: 06/29/2009)
06/30/2009 57 TRANSCRIPT of proceedings held on 6/17/09 before Magistrate Judge Andrew J. Peck. (pl) (Entered: 07/01/2009)
06/30/2009 58 TRANSCRIPT of proceedings held on 6/17/09 before Magistrate Judge Andrew J. Peck. (pl) (Entered: 07/02/2009)
07/06/2009 59 NOTICE of Response from the Higher Regional Court of Germany. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Response from Higher Regional Court of Germany)(Lin, Hsin) (Entered: 07/06/2009)
07/09/2009 60 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Jeffrey A. Simes dated 7/8/2009 re: Plaintiffs respectfully submit the enclosed revised Letter of Request and its Slovenian translation for the Court's approval. ENDORSEMENT: The Court has signed the letters rogatory. Teva's counsel are to "do the necessary" to obtain certified copies and process them. (Signed by Magistrate Judge Andrew J. Peck on 7/9/2009) Copies Mailed By Chambers.(jpo) (Entered: 07/09/2009)
07/22/2009 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 7/22/2009. Def's depo of Drs. Cohen and Krull to be limited to fact questions re their letter to the ADA, but not questions re their work as a non-testifying expert for pltf. (unless def. can show a waiver or other basis to challenge pltf's claim of privilege). Discovery disputes resolved- see transcript. Next Status Conference set for 10/19/2009 at 02:00 PM before Magistrate Judge Andrew J. Peck. (tro) (Entered: 07/28/2009)
07/23/2009 66 LETTER addressed to Magistrate Judge Andrew J. Peck from Thomas M. Mueller dated 7/21/09 re: On July 6, 2009, plaintiffs submitted to the Court a translation of the Response for the Higher Regional Court of Munich, Germany to plaintiffs' Letter of Request under the Hague Evidence Convention directed to Sandoz International GmbH. We enclose herein a more accurate translation of the German Court's response. Document filed by Sandoz International GmbH, Novartis AG.(mro) (Entered: 08/11/2009)
07/28/2009 63 CONSENT ORDER MODIFYING STIPULATED PROTECTIVE ORDER: It is hereby stipulated and agreed by and between the parties that Richard S. Egosi shall be substituted for James Rodenberg as one of the In House Counsel for plaintiff Teva Neuroscience. (Signed by Judge Barbara S. Jones on 7/28/2009) (jpo) Modified on 8/4/2009 (jpo). (Entered: 08/03/2009)
07/29/2009 61 JOINT STIPULATION AND SCHEDULING ORDER REGARDING CLAIM CONSTRUCTION, that the parties shall adhere to the following deadlines: 1. Plaintiff shall identify all asserted claims of the patents-in-by August 20, 2009. 2. The parties shall identify disputed claim terms by August 27, 2009. 3. The parties shall exchange proposed claim constructions by September 10, 2009. (Signed by Magistrate Judge Andrew J. Peck on 7/29/09) (pl) (Entered: 07/29/2009)
07/30/2009 62 NOTICE OF APPEARANCE by Patrice Polyxene Jean on behalf of Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc. (Jean, Patrice) (Entered: 07/30/2009)
08/03/2009 64 ORDER WITHDRAWING HSIN LIN, the Clerk is hereby directed to remove Hsin Lin from the Court's docket and Electronic Case Filing system for the above-captioned action. (Signed by Magistrate Judge Andrew J. Peck on 8/3/09) (pl) (Entered: 08/03/2009)
08/05/2009 65 TRANSCRIPT of proceedings held on 7/22/2009 before Magistrate Judge Andrew J. Peck. (dnd) (Entered: 08/05/2009)
09/22/2009 67 JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc..(Jean, Patrice) (Entered: 09/22/2009)
10/07/2009 68 SEALED DOCUMENT placed in vault.(nm) (Entered: 10/07/2009)
10/07/2009 69 NOTICE of Materials Filed Under Seal re: Teva's Opening Brief on Claim Construction Issues. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 10/07/2009)
10/07/2009 70 DECLARATION of Gregory A. Grant, Ph.D. in Support re: 68 Sealed Document. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B-1, # 3 Exhibit Exhibit B-2, # 4 Exhibit Exhibit B-3, # 5 Exhibit Exhibits C-F, # 6 Exhibit Exhibit G, # 7 Exhibit Exhibits H-L)(Jean, Patrice) (Entered: 10/07/2009)
10/07/2009 71 CLAIM CONSTRUCTION STATEMENT. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Affidavit Declaration of Frantisek Svec, Ph.D., # 2 Exhibit 1 to Svec Declaration, # 3 Exhibit 2 to Svec Declaration, # 4 Exhibit 3 to Svec Declaration, # 5 Affidavit Declaration of Brian M. Kramer, # 6 Exhibit 1, part 1 to Kramer Declaration, # 7 Exhibit 1, part 2 to Kramer Declaration, # 8 Exhibit 2 to Kramer Declaration, # 9 Exhibit 3 to Kramer Declaration, # 10 Exhibit 4 to Kramer Declaration, # 11 Exhibit 5 to Kramer Declaration, # 12 Exhibit 6 to Kramer Declaration, # 13 Exhibit 7 to Kramer Declaration, # 14 Exhibit 8 to Kramer Declaration, # 15 Exhibit 9 to Kramer Declaration, # 16 Exhibit 10 to Kramer Declaration, # 17 Exhibit 11 to Kramer Declaration, # 18 Exhibit 12 to Kramer Declaration, # 19 Exhibit 13 to Kramer Declaration, # 20 Exhibit 14 to Kramer Declaration)(Doyle, David) (Entered: 10/07/2009)
10/08/2009 72 DECLARATION of Gregory A Grant, Ph.D. in Support re: 70 Declaration in Support, 68 Sealed Document. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 10/08/2009)
10/09/2009 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 10/9/2009. Teva witness deposition to occur in Israel "forthwith" not await plaintiff's forthcoming "similar" suit against Mylan Pharmaceuticals. Parties to submit agreed on deposition schedule by 10/15/09. (dle) (Entered: 10/15/2009)
10/16/2009 73 NOTICE OF APPEARANCE by William G. James, II on behalf of Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc. (James, William) (Entered: 10/16/2009)
10/19/2009 74 ORDER RESCHEDULING STATUS CONFERENCE: Status Conference originally scheduled for 12/8/2009 is rescheduled for 12/9/2009 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 10/19/2009) Copies Mailed By Chambers.(jpo) (Entered: 10/19/2009)
10/19/2009 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 10/19/2009. Next conference to be held Judge Peck on 12/9 at 9:30am. (mro) (Entered: 10/23/2009)
10/28/2009 83 TRANSCRIPT of proceedings held on 10/9/09 before Magistrate Judge Andrew J. Peck. (ldi) (Entered: 11/09/2009)
10/28/2009 84 TRANSCRIPT of proceedings held on 10/19/09 before Magistrate Judge Andrew J. Peck. (tro) (Entered: 11/09/2009)
11/03/2009 75 NOTICE OF APPEARANCE by Carolyn Anne Blessing on behalf of Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc. (Blessing, Carolyn) (Entered: 11/03/2009)
11/04/2009 76 NOTICE of Materials Filed Under Seal. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Blessing, Carolyn) (Entered: 11/04/2009)
11/04/2009 77 DECLARATION of GREGORY A. GRANT, PH.D. in Support re: 76 Notice (Other). Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: # 1 Exhibit M to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 2 Exhibit N to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 3 Exhibit O to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 4 Exhibit P to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 5 Exhibit P1 to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 6 Exhibit P2 to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 7 Exhibit P3 to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 8 Exhibit P4 to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 9 Exhibit P5 to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D., # 10 Exhibit P6 to SECOND SUPPLEMENTAL DECLARATION OF GREGORY A. GRANT, PH.D.)(Blessing, Carolyn) (Entered: 11/04/2009)
11/04/2009 78 NOTICE of Materials Filed Under Seal. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Proof of Service)(Doyle, David) (Entered: 11/04/2009)
11/04/2009 79 DECLARATION of Robert C. Kohberger, Ph.D. re: 78 Notice (Other) (Declaration In Support of Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Opposition Claim Construction Brief). Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Doyle, David) (Entered: 11/04/2009)
11/04/2009 80 DECLARATION of Jim Anderson, Ph.D. in Support re: 78 Notice (Other). Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Doyle, David) (Entered: 11/04/2009)
11/04/2009 81 SEALED DOCUMENT placed in vault.(nm) (Entered: 11/05/2009)
11/04/2009 82 SEALED DOCUMENT placed in vault.(jri) (Entered: 11/05/2009)
11/09/2009 85 FIRST MOTION to Amend/Correct Complaint. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion for Leave to File First Amended Complaint)(Jean, Patrice) (Entered: 11/09/2009)
11/09/2009 86 NOTICE of Materials Filed Under Seal re: 85 FIRST MOTION to Amend/Correct Complaint.. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 11/09/2009)
11/09/2009 87 SEALED DOCUMENT placed in vault.(nm) (Entered: 11/10/2009)
11/17/2009 88 ORDER that plaintiffs' motion to amend the complaint is granted in part to the extent of dismissing Counts IX and X with prejudice. (See Defs. Br. at 3) The balance of the motion (to add claims) remains for determination after defendants respond to the motion. The Court did not receive a courtesy copy of the motion papers. Plaintiffs' counsel is to provide copies promptly, and both counsel are reminded of the requirement to provide me with courtesy copies of all papers filed with the Court and any letters to Judge Jones. The Court is not sure why the motion papers are sealed, and in any event, a redacted copy should be publicly filed. Please take care of this promptly. (While certain of the exhibits to the Blessing Affidavit may be confidential, there does not appear to be anything confidential in the brief).. (Signed by Magistrate Judge Andrew J. Peck on 11/17/09) Copies faxed by chambers.(dle) Modified on 11/19/2009 (dle). (Entered: 11/17/2009)
11/18/2009 89 SEALED DOCUMENT placed in vault.(nm) (Entered: 11/18/2009)
11/18/2009 90 SEALED DOCUMENT placed in vault.(jri) (Entered: 11/18/2009)
11/18/2009 91 NOTICE of Materials Filed Under Seal re: Teva's Reply Brief on Claim Construction Issues. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 11/18/2009)
11/18/2009 92 DECLARATION of Gregory A. Grant in Support re: 91 Notice (Other), Notice (Other). Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: # 1 Exhibit Exhibit Q to Third Supplemental Declaration of Gregory A. Grant, # 2 Exhibit Exhibit R to Third Supplemental Declaration of Gregory A. Grant)(Jean, Patrice) (Entered: 11/18/2009)
11/18/2009 93 DECLARATION of Judith D. Goldberg in Support re: 91 Notice (Other), Notice (Other). Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: # 1 Exhibit Exhibit A to Declaration of Judith D. Goldberg)(Jean, Patrice) (Entered: 11/18/2009)
11/18/2009 94 MEMORANDUM OF LAW in Support re: 85 FIRST MOTION to Amend/Correct Complaint. Public Version as per 11/17/2009 Order. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: # 1 Exhibit Exhibit A (First Amended Complaint))(Jean, Patrice) (Entered: 11/18/2009)
11/18/2009 95 DECLARATION of Carolyn A. Blessing (Public Version as per 11/17/2009 Order) in Support re: 85 FIRST MOTION to Amend/Correct Complaint.. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 11/18/2009)
11/18/2009 96 NOTICE of Materials Filed Under Seal In Support of Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Reply Claim Construction Brief. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Doyle, David) (Entered: 11/18/2009)
11/25/2009 97 SEALED DOCUMENT placed in vault.(nm) (Entered: 11/25/2009)
11/25/2009 98 NOTICE of Materials Filed Under Seal re: Proposed Order Granting Teva's Motion for Leave to File a Sur-Reply Brief on Claim Construction Issues. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 11/25/2009)
11/25/2009 99 MOTION for Leave to File Sur-Reply Brief on Claim Construction Issues and Accompanying Declaration. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc..(Jean, Patrice) (Entered: 11/25/2009)
11/25/2009 100 MEMORANDUM OF LAW in Support re: 99 MOTION for Leave to File Sur-Reply Brief on Claim Construction Issues and Accompanying Declaration.. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 11/25/2009)
11/30/2009 101 ORDER: Having received no opposition to Teva's motion to amend (Dkt. No. 85), Teva's motion to amend (Dkt. No. 85) is GRANTED. So Ordered. (Signed by Magistrate Judge Andrew J. Peck on 11/30/09) (js) (Entered: 11/30/2009)
11/30/2009 102 MEMO ENDORSED ON NOTICE OF PLAINTIFFS' MOTION FOR LEAVE TO FILE A SUR-REPLY ON CLAIM CONSTRUCTION ISSUES AND ACCOMPANYING DECLARATION OF CAROLYN A. BLESSING: ENDORSEMENT: Motion (Dkt. No. 99) is Granted. So Ordered. (Signed by Judge Andrew J. Peck on 11/30/09) (js) (Entered: 11/30/2009)
11/30/2009 103 SEALED DOCUMENT placed in vault.(nm) (Entered: 11/30/2009)
11/30/2009 104 ENDORSED REPLY MEMORANDUM OF LAW re: 99 MOTION for Leave to File Sur-Reply Brief on Claim Construction Issues and Accompanying Declaration., 102 Memo Endorsement, Teva's Sur-Reply Brief on Claim Construction Issues (Redacted Public Version). Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 11/30/2009)
11/30/2009 105 DECLARATION of Carolyn A. Blessing (Redacted Public Version) in Support re: 104 Reply Memorandum of Law,. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 11/30/2009)
11/30/2009 106 NOTICE of Materials Filed Under Seal In Support of Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Opposition to Teva's Motion for Leave to File First Amended Complaint re: 85 FIRST MOTION to Amend/Correct Complaint.. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Certificate of Service)(Doyle, David) (Entered: 11/30/2009)
11/30/2009 108 AMENDED COMPLAINT amending 1 Complaint, against Sandoz, Inc., Sandoz International GmbH, Novartis AG, Momenta Pharmaceuticals, Inc., Sandoz Inc..Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. Related document: 1 Complaint, filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd., Teva Neuroscience, Inc. (laq) (ama). (Entered: 12/01/2009)
12/01/2009 107 ORDER The Court has now received Sandoz's opposition papers to Teva's motion to amend its complaint to assert infringement of additional patents. Because it would be impossible to complete discovery on the new claims by the December 31, 2009 discovery cutoff, and for the additional reasons as to undue delay and prejudice set forth in Sandoz's opposition papers, the Court withdraws its November 30, 2009 Order and DENIES Teva's motion to amend. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 12/1/2009) Copies Faxed and ECF By Chambers.(jmi) (Entered: 12/01/2009)
12/03/2009 109 NOTICE OF APPEARANCE by Joseph B. Crystal on behalf of Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc. (Crystal, Joseph) (Entered: 12/03/2009)
12/03/2009 110 NOTICE of Withdrawal of Appearance. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 12/03/2009)
12/03/2009 111 ORDER: Status Conference set for 1/20/2010 at 09:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Barbara S. Jones. (Signed by Judge Barbara S. Jones on 12/3/2009) (jpo) (Entered: 12/03/2009)
12/03/2009 112 MOTION for Daryl L. Wiesen and Nicholas K. Mitrokostas to Appear Pro Hac Vice. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.(mro) (Entered: 12/07/2009)
12/07/2009 ***DELETED DOCUMENT. Deleted document number 113 Order. The document was incorrectly filed in this case. (ad) (Entered: 12/08/2009)
12/08/2009 113 ORDER ADMITTING COUNSEL PRO HAC VICE: granting 112 Motion for Daryl L. Wiesen and Nicholas K. Mitrokostas to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 12/8/2009) (tve) (Entered: 12/08/2009)
12/08/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 113 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve) (Entered: 12/08/2009)
12/09/2009 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 12/9/2009. Minor discovery issues resolved-see transcript. Parties to propose expert report, etc. schedule by 12/16. Next Status Conference set for 2/8/2010 at 09:30 AM before Magistrate Judge Andrew J. Peck. (mro) (Entered: 12/10/2009)
12/11/2009 114 SEALED DOCUMENT placed in vault.(nm) (Entered: 12/11/2009)
12/11/2009 115 MOTION for Leave to File Sur-Sur-Reply Brief on Claim Construction Issues. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc..(Aannestad, Anders) (Entered: 12/11/2009)
12/11/2009 116 MEMORANDUM OF LAW in Support re: 115 MOTION for Leave to File Sur-Sur-Reply Brief on Claim Construction Issues.. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Aannestad, Anders) (Entered: 12/11/2009)
12/11/2009 117 NOTICE of Materials Filed Under Seal re: Proposed Order Granting Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Motion for Leave to File a Sur-Sur-Reply Brief on Claim Construction Issues. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Aannestad, Anders) (Entered: 12/11/2009)
12/14/2009 118 ORDER GRANTING SANDOZ INC.'S AND MOMENTA PHARMACEUTICALS, INC.'S MOTION FOR LEAVE TO FILE A SUR-SUR-REPLY BRIEF ON CLAIM CONSTRUCTION ISSUES: It is hereby ordered that Sandoz, Inc.'s and Momenta Pharmaceuticals, Inc.'s motion be granted. Defendants are granted leave to file the sur-sur-reply brief on claim construction issues and accompanying declaration of Anders T. Aannestad. (Signed by Magistrate Judge Andrew J. Peck on 12/14/2009) Copies Faxed By Chambers.(jpo) (Entered: 12/14/2009)
12/14/2009 ***DELETED DOCUMENT. Deleted document number 119 Order. The document was incorrectly filed in this case. Duplicate Entry. (tve) (Entered: 12/14/2009)
12/16/2009 119 ORDER REGARDING SCHEDULING OF EXPERT DISCOVERY: It is Ordered that the parties shall adhere to the following scheduled for expert discovery: February 3, 2010 - exchange reports on the issues for which each party bears their burden of proof. 2/26/10 - exchange rebuttal expert reports. 3/12/2010 - exchange reply reports. 3/30/2010 - close of expert discovery. (Signed by Magistrate Judge Andrew J. Peck on 12/16/2009) Copies Faxed By Chambers.(jfe) (Entered: 12/16/2009)
12/22/2009 CASHIERS OFFICE REMARK on 112 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/03/2009, Receipt Number 707517. (jd) (Entered: 12/22/2009)
12/23/2009 120 SEALED DOCUMENT placed in vault.(nm) (Entered: 12/23/2009)
12/23/2009 121 MOTION for Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. Section 112. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc..(Doyle, David) (Entered: 12/23/2009)
12/23/2009 122 NOTICE of Materials Filed Under Seal In Support of Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Motion for Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. Section 112 re: 121 MOTION for Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. Section 112.. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Doyle, David) (Entered: 12/23/2009)
01/04/2010 123 ORDER GRANTING PLAINTIFFS' REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO SANDOZ INC.'S AND MOMENTA PHARMACEUTICALS, INC.'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR INDEFINITENESS UNDER 35 U.S.C. § 112, that Plaintiffs' request for an extension of time to respond to Sandoz Inc. 's and Momenta Pharmaceuticals, Inc,'s Motion for Summary Judgment of Invalidity for Indefiniteness under 35 U.S.C. § 112 is hereby GRANTED, in part, Plaintiffs shall have up to and including January 22, 2010 to respond to defendants' motion for summary judgment. (Signed by Magistrate Judge Andrew J. Peck on 1/4/09) Copy to Judge Barbara S. Jones and Copies Faxed.(pl) (Entered: 01/04/2010)
01/04/2010 Set/Reset Scheduling Order Deadlines: Responses due by 1/22/2010 (pl) (Entered: 01/04/2010)
01/04/2010 124 TRANSCRIPT of proceedings held on 12/9/09 before Magistrate Judge Andrew J. Peck. (pl) (Entered: 01/15/2010)
01/19/2010 125 MOTION for John T. Bennett to Appear Pro Hac Vice. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc..(mbe) (Additional attachment(s) added on 1/21/2010: # 1 Bennett) (mbe). (Entered: 01/21/2010)
01/22/2010 126 NOTICE of Materials Filed Under Seal (Opposition to Defendants' Motion for Summary Judgment (Indefiniteness)) re: 121 MOTION for Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. Section 112.. Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 01/22/2010)
01/22/2010 127 DECLARATION of P. Dubin in Support re: 126 Notice (Other), Notice (Other). Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: # 1 Exhibit Exhibit A (Declaration of P. Dubin in Support of Opposition to Defendants' Summary Judgment Motion (Indefiniteness)), # 2 Exhibit Exhibit B (Declaration of P. Dubin in Support of Opposition to Defendants' Summary Judgment Motion (Indefiniteness)), # 3 Exhibit Exhibit C (Declaration of P. Dubin in Support of Opposition to Defendants' Summary Judgment Motion (Indefiniteness)))(Jean, Patrice) (Entered: 01/22/2010)
01/22/2010 128 SEALED DOCUMENT placed in vault.(nm) (Entered: 01/25/2010)
01/26/2010 129 ORDER ADMITTING COUNSEL PRO HAC VICE granting 125 Motion for John T. Bennett to Appear Pro Hac Vice. John T. Bennett is hereby admitted pro hac vice to the Bar of this Court for the purpose of representing Plaintiffs Teva Pharmaceuticals USA, Inc., Teva Pharmaceuticals Industries Ltd. and Teva Neuroscience, Inc. in this action. (Signed by Judge Barbara S. Jones on 1/26/2010) (tro) (Entered: 01/26/2010)
01/26/2010 Transmission to Attorney Admissions Clerk. Transmitted re: 129 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) (Entered: 01/26/2010)
01/27/2010 130 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Anders T. Aanestad dated 1/27/10 re: counsel for defendants request an order for the depositions of Teva's expert witnesses. ENDORSEMENT: Drs. Grant & Dubin are to be made available for deposition on the issues in their affidavits by 2/5 and defendants' reply papers are extended to 7 days after last depo (but no later than 2/12 if last depo is 2/5). (Signed by Magistrate Judge Andrew J. Peck on 1/27/10) (dle) (Entered: 01/27/2010)
01/27/2010 CASHIERS OFFICE REMARK on 125 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/19/2010, Receipt Number 892240. (jd) (Entered: 01/27/2010)
01/27/2010 131 LETTER addressed to Magistrate Judge Andrew J. Peck from Katja REJEC LONGAR dated 1/15/2010 re: The Ministry of the Republic of Slovenia received on 7/17/09 your letter of request according to the Convention on the taking of evidence abroad in civil and commercial matters asking for the taking of evidence. (tro) (Entered: 01/27/2010)
01/27/2010 132 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from 1/27/10 dated 1/27/10 re: counsel for plaintiffs request reconsideration of the Court's decision earlier today granting defendants' request for depositions in support of defendants' motion for summary judgment. ENDORSEMENT: On reconsideration, the 2 depos are limited to 2 hours each. (Signed by Magistrate Judge Andrew J. Peck on 1/27/10) Copies faxed by chambers.(dle) (Entered: 01/27/2010)
02/01/2010 133 TRANSCRIPT of proceedings held on January 20, 2010 9:30 a.m. before Judge Barbara S. Jones. (ajc) (Entered: 02/01/2010)
02/02/2010 134 LETTER addressed to Ms. Longar from David M. Hashmall dated 1/27/2010 re: Counsel for the Teva Plaintiffs respectfully requests that the 7/17/09 Request be withdrawn. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.(tro) (Entered: 02/03/2010)
02/08/2010 135 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File First Amended Answers and Counterclaims. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Affidavit of Brian M. Kramer in Support of Motion for Leave to Amend, # 3 Text of Proposed Order)(Doyle, David) Modified on 2/9/2010 (db). (Entered: 02/08/2010)
02/08/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David C. Doyle to RE-FILE Document 135 MOTION for Leave to File First Amended Answers and Counterclaims. ERROR(S): Supporting Documents are filed separately, using Event Types found under Replies, Opposition and Supporting Documents. ***REMINDER*** - First Re-File Motion, then file and link any supporting documents. (db) (Entered: 02/09/2010)
02/08/2010 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 2/8/2010. Minor issued resolved- see transcript. Parties to contact if disputes or re settlement. (tro) (Entered: 02/22/2010)
02/09/2010 136 MOTION for Leave to File First Amended Answers and Counterclaims / Notice of Motion. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc..(Doyle, David) (Entered: 02/09/2010)
02/09/2010 137 DECLARATION of Brian M. Kramer in Support re: 136 MOTION for Leave to File First Amended Answers and Counterclaims / Notice of Motion.. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Doyle, David) (Entered: 02/09/2010)
02/09/2010 138 MEMORANDUM OF LAW in Support re: 136 MOTION for Leave to File First Amended Answers and Counterclaims / Notice of Motion.. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Doyle, David) (Entered: 02/09/2010)
02/09/2010 139 SEALED DOCUMENT placed in vault.(nm) (Entered: 02/09/2010)
02/09/2010 140 NOTICE of Materials Filed Under Seal In Support of Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Motion for Leave to File First Amended Answers and Counterclaims. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Doyle, David) (Entered: 02/09/2010)
02/10/2010 141 REPLY MEMORANDUM OF LAW in Support re: 121 MOTION for Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. Section 112. (Redacted Public Version). Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Aannestad, Anders) (Entered: 02/10/2010)
02/10/2010 142 REPLY AFFIDAVIT of Brian M. Kramer in Support re: 121 MOTION for Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. Section 112.. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Aannestad, Anders) (Entered: 02/10/2010)
02/10/2010 143 RESPONSE in Support re: 121 MOTION for Summary Judgment of Invalidity for Indefiniteness Under 35 U.S.C. Section 112. Response to Plaintiffs' Statement of Material Facts. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Aannestad, Anders) (Entered: 02/10/2010)
02/11/2010 144 MOTION to Strike Document No. 127 Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Objections to Evidence and Notice of Motion to Strike the Expert Declarations of Dr. Gregory Grant and Dr. Paul Dubin from Plaintiffs' Opposition to Motion for Summary Judgment of Indefiniteness. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc..(Aannestad, Anders) (Entered: 02/11/2010)
02/11/2010 145 MEMORANDUM OF LAW in Support re: 144 MOTION to Strike Document No. 127 Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Objections to Evidence and Notice of Motion to Strike the Expert Declarations of Dr. Gregory Grant and Dr. Paul Dubin from Plaintiffs' O MOTION to Strike Document No. 127 Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Objections to Evidence and Notice of Motion to Strike the Expert Declarations of Dr. Gregory Grant and Dr. Paul Dubin from Plaintiffs' O (Redacted Public Version). Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Aannestad, Anders) (Entered: 02/11/2010)
02/11/2010 146 DECLARATION of Karen L. Hagberg in Support re: 144 MOTION to Strike Document No. 127 Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Objections to Evidence and Notice of Motion to Strike the Expert Declarations of Dr. Gregory Grant and Dr. Paul Dubin from Plaintiffs' O MOTION to Strike Document No. 127 Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Objections to Evidence and Notice of Motion to Strike the Expert Declarations of Dr. Gregory Grant and Dr. Paul Dubin from Plaintiffs' O. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2A, # 3 Exhibit 2B, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24)(Aannestad, Anders) (Entered: 02/11/2010)
02/11/2010 147 NOTICE of Filing Materials Under Seal In Support of Defendants' Reply Brief In Support of Motion for Summary Judgment of Indefiniteness and Defendants' Objections to Evidence and Motion to Strike Expert Declarations from Plaintiffs' Opposition to Motion for Summary Judgment of Indefiniteness. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Aannestad, Anders) (Entered: 02/11/2010)
02/11/2010 148 SEALED DOCUMENT placed in vault.(nm) (Entered: 02/16/2010)
02/18/2010 152 TRANSCRIPT of proceedings held on 2/8/10 before Magistrate Judge Andrew J. Peck. (pl) (Entered: 03/01/2010)
02/25/2010 149 MOTION to Strike. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Hashmall, David) (Entered: 02/25/2010)
02/25/2010 150 NOTICE of MATERIALS FILED UNDER SEAL re: 149 MOTION to Strike.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Hashmall, David) (Entered: 02/25/2010)
02/25/2010 151 SEALED DOCUMENT placed in vault.(nm) (Entered: 03/01/2010)
02/25/2010 153 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their undersigned counsel, as follows: 1. Plaintiffs' time to file their opposition to Sundoz lnc. 's and Momenta Pharmaceuticals, Inc.'s Objections to Evidence and Motion to Strike the Expert Declarations of Dr. Gregory Grant and Dr. Paul Dubin from Plaintiffs' Opposition to Motion for Summary Judgment of Indefiniteness is extended until and including March 8, 2010; and 2. Defendants' time to file their reply in support of Sandoz Inc.'s and Momenta Pharmaceuticals, Inc,s Objections to Evidence and Motion to Strike the Expert Declarations of Dr. Gregory Grant and Dr. Paul Dubin from plaintiffs' Opposition to Motion for Summary Judgment of Indefiniteness is extended until and including March 18, 2010. (Signed by Magistrate Judge Andrew J. Peck on 2/25/2010) (js) (Entered: 03/01/2010)
03/02/2010 154 STIPULATION AND ORDER:IT IS HEREBY STlPWLATl3D AND AGREED by and between the parties, through their undersigned counsel that Defendants will file a consolidated reply brief in support of their Motion for Leave to file first amended answers and counterclaims and in opposition to plaintiff's cross motion to strike defendants expert reports limited to twenty five pages total, on March 15, 2010 and plaintiffs will file a reply brief in support of their cross-motion to strike defendants expert reports on March 25, 2010. So Ordered (Signed by Magistrate Judge Andrew J. Peck on 3/2/2010) (js) (Entered: 03/02/2010)
03/02/2010 Set Deadlines/Hearings: Replies due by 3/25/2010. Responses due by 3/15/2010 (js) (Entered: 03/02/2010)
03/08/2010 155 NOTICE of Materials Filed Under Seal (Opposition to Motion to Strike Expert Declarations of Dubin and Grant). Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 03/08/2010)
03/08/2010 156 SEALED DOCUMENT placed in vault.(nm) (Entered: 03/09/2010)
03/15/2010 157 NOTICE of of Materials Filed Under Seal in Support of Defendants' Motion for Leave to File First Amended Answer and in Opposition to Plaintiffs' Cross-Motion to Strike. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Aannestad, Anders) (Entered: 03/15/2010)
03/15/2010 158 SEALED DOCUMENT placed in vault.(nm) (Entered: 03/16/2010)
03/18/2010 159 SEALED DOCUMENT placed in vault.(jri) (Entered: 03/18/2010)
03/18/2010 160 NOTICE of of Reply Brief Filed Under Seal in Support of Defendants Sandoz Inc.'s and Momenta Pharmaceuticals, Inc.'s Objections to Evidence and Motion to Strike Expert Declarations From Plaintiffs' Opposition to Motion for Summary Judgment of Indefiniteness. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Kramer, Brian) (Entered: 03/18/2010)
03/24/2010 161 MOTION for Miriam London Martinez to Appear Pro Hac Vice. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Neuroscience, Inc.(mro) (Entered: 03/25/2010)
03/25/2010 162 SEALED DOCUMENT placed in vault.(nm) (Entered: 03/25/2010)
03/25/2010 163 NOTICE of Materials Filed Under Seal (Reply Brief ISO Plaintiffs' Cross Motion to Strike Defendants' Expert Reports and Supporting Crystal Declaration). Document filed by Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc.. (Jean, Patrice) (Entered: 03/25/2010)
03/31/2010 164 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 161 Motion for Miriam London Martinez to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Barbara S. Jones on 3/31/10) (cd) (Entered: 03/31/2010)
03/31/2010 CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. I have closed the above reference for magistrate judge statistical purposes. Reason: Discovery closed. (mro) (Entered: 04/01/2010)
04/09/2010 CASHIERS OFFICE REMARK on 161 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/24/2010, Receipt Number 898507. (jd) (Entered: 04/09/2010)
06/16/2010 165 MOTION for Leave to Substitute Expert Witness. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Text of Proposed Order)(Crystal, Joseph) (Entered: 06/16/2010)
06/16/2010 166 MEMORANDUM OF LAW in Support re: 165 MOTION for Leave to Substitute Expert Witness.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 06/16/2010)
06/16/2010 167 DECLARATION of Daryl L. Wiesen, Esq. in Support re: 165 MOTION for Leave to Substitute Expert Witness.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Exhibits 1-9 to the Wiesen Declaration)(Crystal, Joseph) (Entered: 06/16/2010)
06/16/2010 168 SEALED DOCUMENT placed in vault.(nm) (Entered: 06/17/2010)
07/06/2010 169 SEALED DOCUMENT placed in vault.(cb) (Entered: 07/06/2010)
07/06/2010 170 DECLARATION of Brian M. Kramer in Opposition re: 165 MOTION for Leave to Substitute Expert Witness.. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9-13 (filed under seal), # 10 Exhibit 14)(Kramer, Brian) (Entered: 07/06/2010)
07/06/2010 171 NOTICE of of Materials Filed Under Seal re: 169 Sealed Document, 170 Declaration in Opposition to Motion,. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Certificate of Service)(Kramer, Brian) (Entered: 07/06/2010)
07/16/2010 172 NOTICE of Materials Filed Under Seal re: 165 MOTION for Leave to Substitute Expert Witness.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 07/16/2010)
07/16/2010 173 DECLARATION of Shayne C. Gad, PH.D. in Support re: 165 MOTION for Leave to Substitute Expert Witness.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 07/16/2010)
07/16/2010 174 SEALED DOCUMENT placed in vault.(nm) (Entered: 07/19/2010)
07/28/2010 175 ENDORSED LETTER addressed to Judge Barbara S. Jones from David C. Doyle dated 7/26/10 re: Sandoz respectfully requests the Court's permission to file a two-page sur-reply, attached hereto as Exhibit A. ENDORSEMENT: Application granted. The Clerk of the Court is directed to docket the attached sur-reply. (Signed by Judge Barbara S. Jones on 7/26/10) (rjm) (Entered: 07/28/2010)
08/16/2010 176 ORDER. The Court grants Defendants' request for an informal conference pursuant to Local Civil Rule 37.2. A telephonic conference will be held on August 19, 2010 at 3:00 p.m. Plaintiffs are ordered to submit to the Court, on or before August 18, 2010, a two-page letter in opposition to Defendants' August 12, 2010 letter. (Telephone Conference set for 8/19/2010 at 03:00 PM before Judge Barbara S. Jones.) (Signed by Judge Barbara S. Jones on 8/14/10) (rjm) (Entered: 08/16/2010)
08/23/2010 177 ENDORSED LETTER addressed to Judge Barbara S. Jones from Anders T. Aannestad dated 8/20/2010 re: Sandoz requests a rescheduling of the upcoming 9/15/2010, 10 a.m. conference. ENDORSEMENT: Application granted. The Conference is rescheduled to 9/8/2010 at 09:30 AM. (Signed by Judge Barbara S. Jones on 8/23/2010) (jar) (Entered: 08/23/2010)
08/26/2010 178 ENDORSED LETTER addressed to Judge Barbara S. Jones from Patrice P. Jean dated 8/24/2010 re: The parties hereby withdraw the foreign defendants; motion to dismiss (see D.I. 24-28), plaintiffs' opposition thereto (D.I. 31) and defendants' reply (D.I. 34-35). In light of the foregoing, the parties do not anticipate a need to discuss the motion to dismiss at the conference scheduled for September 8, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 8/26/2010) (jpo) (Entered: 08/26/2010)
08/26/2010 179 ORDER: For the reasons provided above, Defendants' request for leave to supplement their experts' reports is DENIED. (Signed by Judge Barbara S. Jones on 8/26/2010) (jpo) (Entered: 08/26/2010)
08/26/2010 180 STIPULATION AND ORDER OF DISMISSAL: It is hereby ordered adjudged and decreed that all claims and asserted against Novartis AG and Sandoz International GmbH in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 08cv7611 (BSJ) are hereby dismissed without prejudice. It is further ordered that all costs, expenses and attorneys' fees are to be borne by the party that incurred them. (Signed by Judge Barbara S. Jones on 8/26/2010) (jpo) (Entered: 08/26/2010)