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06/17/11 10:38 PM

#121849 RE: investorgold2002 #121844

the docket -- I am leaving out the list of counsel, there are about 100 entries (with a fair amount of duplication):

Date Filed # Docket Text
10/16/2009 1 COMPLAINT against Mylan Pharmaceuticals Inc., Mylan Inc., Natco Pharma Ltd. (Filing Fee $ 350.00, Receipt Number 702994)Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc., Yeda Research and Development Co. Ltd. (Attachments: # 1 Exhibit)(mro) (Entered: 10/19/2009)
10/16/2009 SUMMONS ISSUED as to Mylan Pharmaceuticals Inc., Mylan Inc., Natco Pharma Ltd. (mro) (Entered: 10/19/2009)
10/16/2009 CASE REFERRED TO Judge Barbara S. Jones as possibly related to 08-cv-7611. (mro) (Entered: 10/19/2009)
10/16/2009 Case Designated ECF. (mro) (Entered: 10/19/2009)
10/16/2009 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Orvet UK Unlimited, Teva Pharmaceuticals Europe, B.V., Teva Pharmaceutical Industries Ltd. as Corporate Parent of Teva Pharmaceuticals USA, Inc.; No corporate parent for Teva Pharamceutical Industries, Inc.; IVAX Corporation, Teva Pharmaceuticals USA,Inc., Orvet UK Unlimited, Teva Pharmaceuticals Europe B.V. and Teva Pharmaceutical Industries, Inc. as Corporate Parents of Teva Neuroscience, Inc. Document filed by Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.(mro) (Entered: 10/19/2009)
10/16/2009 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Yeda Trust as Corporate Parent. Document filed by Yeda Research and Development Co. Ltd.(mro) (Entered: 10/19/2009)
10/19/2009 Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (mro) (Entered: 10/19/2009)
10/26/2009 CASE ACCEPTED AS RELATED. Create association to 1:08-cv-07611-BSJ-AJP. Notice of Assignment to follow. (ldi) (Entered: 10/27/2009)
10/26/2009 4 NOTICE OF CASE ASSIGNMENT to Judge Barbara S. Jones. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 10/27/2009)
10/26/2009 Magistrate Judge Andrew J. Peck is so designated. (ldi) (Entered: 10/27/2009)
11/10/2009 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Mylan Pharmaceuticals Inc. served on 10/27/2009, answer due 11/16/2009. Service was accepted by Shannon Bloodworth. Document filed by Yeda Research and Development Co. Ltd.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.; Teva Neuroscience, Inc.. (Jean, Patrice) (Entered: 11/10/2009)
11/10/2009 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Mylan Inc. served on 10/27/2009, answer due 11/16/2009. Service was accepted by Shannon Bloodworth. Document filed by Yeda Research and Development Co. Ltd.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.; Teva Neuroscience, Inc.. (Jean, Patrice) (Entered: 11/10/2009)
11/16/2009 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying MYLAN INC. as Corporate Parent. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc..(Jacob, Beth) (Entered: 11/16/2009)
11/16/2009 8 ANSWER to Complaint., COUNTERCLAIM against Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc..(Jacob, Beth) (Entered: 11/16/2009)
11/16/2009 9 MOTION to Dismiss Counts I-VII. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc..(Jacob, Beth) (Entered: 11/16/2009)
11/16/2009 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss Counts I-VII.. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc.. (Jacob, Beth) (Entered: 11/16/2009)
11/16/2009 11 DECLARATION of BETH D. JACOB in Support re: 9 MOTION to Dismiss Counts I-VII. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc. (Attachments: # 1 Exhibit COMPLAINT (PART #1))(Jacob, Beth) Modified on 11/17/2009 (db). Modified on 11/17/2009 (db). (Entered: 11/16/2009)
11/16/2009 12 FILING ERROR - DUPLICATED DOCKET ENTRY - DECLARATION of BETH D. JACOB in Support re: 9 MOTION to Dismiss Counts I-VII. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc. (Attachments: # 1 Exhibit Complaint (Part #2))(Jacob, Beth) Modified on 11/17/2009 (db). (Entered: 11/16/2009)
11/16/2009 13 FILING ERROR - DUPLICATED DOCKET ENTRY - DECLARATION of BETH D. JACOB in Support re: 9 MOTION to Dismiss Counts I-VII. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc. (Attachments: # 1 Exhibit Complaint (Part #3))(Jacob, Beth) Modified on 11/17/2009 (db). (Entered: 11/16/2009)
11/16/2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Beth D. Jacob to RE-FILE Document 12 Declaration in Support of Motion, 13 Declaration in Support of Motion. ERROR(S): Duplicated entries that may be refiled and Titled as Supplemental Declarations in Support (i.e. Part 2; Part 3). ***REMINDER*** - Individual Documents may be filed with multiple attachments (no attachment limits - only file size "per attachment" limits). (db) (Entered: 11/17/2009)
11/24/2009 15 MOTION for John S. Skilton, Shannon M. Bloodworth, Collin G. Sandercock, Brandon M. White, and Alfonso N. Cornish, II to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc.(dle) Modified on 12/7/2009 (dle). (Entered: 12/03/2009)
12/02/2009 14 STIPULATION AND ORDER, plaintiffs assert only Counts VIII-XIV of their complaint against Mylan, Inc. Defendant hereby withdraws its Motion to Dismiss Counts 1-VII by Mylan (D.I.9) (Signed by Judge Barbara S. Jones on 12/2/09) (cd) (Entered: 12/02/2009)
12/03/2009 16 NOTICE OF APPEARANCE by David M. Hashmall on behalf of Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc. (Hashmall, David) (Entered: 12/03/2009)
12/03/2009 17 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 18 DECLARATION of BETH D. JACOB in Support re: 9 MOTION to Dismiss Counts I-VII.. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc.. (Attachments: # 1 Exhibit A - COMPLAINT)(Jacob, Beth) (Entered: 12/03/2009)
12/04/2009 21 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: 12/09/2009)
12/04/2009 22 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 15 Motion for John S. Skilton, Shannon M. Bloodworth, Collin G. Sandercock, Brandon M. White, and Alfonso N. Cornish, II to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 12/4/2009) (jfe) (Entered: 12/09/2009)
12/04/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 22 Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) (Entered: 12/09/2009)
12/07/2009 19 ANSWER to Counterclaim. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc..(Jean, Patrice) (Entered: 12/07/2009)
12/08/2009 20 JOINT STIPULATION WITHDRAWN MYLAN INC.'S MOTION TO DISMISS; (1) Plaintiffs assert only Counts VIII-XIV of their Complaint against Mylan Inc.; and (2) Defendant Mylan Inc. hereby withdraws its Motion to Dismiss Counts I-VII by Mylan Inc. (D.I. 9.) IT IS SO ORDERED. (Signed by Judge Barbara S. Jones on 12/8/2009) (tve) (Entered: 12/08/2009)
12/14/2009 23 ORDER ADMITTING COUNSEL PRO HAC VICE granting 21 Motion for Daryl L. Wiesen and Nicholas K. Mitrokostas to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 12/11/2009) (jpo) (Entered: 12/14/2009)
12/14/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 23 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) (Entered: 12/14/2009)
12/16/2009 CASHIERS OFFICE REMARK on 15 Motion to Appear Pro Hac Vice in the amount of $125.00, paid on 11/24/2009, Receipt Number 707111. (jd) (Entered: 12/16/2009)
12/23/2009 CASHIERS OFFICE REMARK on 21 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/08/2009, Receipt Number 707970. (jd) (Entered: 12/23/2009)
01/12/2010 24 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for For general pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Barbara S. Jones on 1/8/10) (pl) (Entered: 01/12/2010)
01/13/2010 25 ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 2/5/2010 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 1/13/2010) Copies Faxed By Chambers.(tve) (Entered: 01/13/2010)
01/19/2010 26 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) (Entered: 01/21/2010)
01/26/2010 27 ORDER ADMITTING COUNSEL PRO HAC VICE granting 26 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 fort the purpose of representing Plaintiffs Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., 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: 27 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 CASHIERS OFFICE REMARK on 26 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/19/2010, Receipt Number 892239. (jd) (Entered: 01/27/2010)
02/01/2010 28 JOINT STIPULATION REGARDING EXTENSION OF TIME FOR FILING OF NATCO PHARMA LTD.'S ANSWER; The time period for Natco Pharma Ltd. to respond to the Plaintiffs' Complaint in this action is extended thirty (30) days until at least March 1, 2010. SO ORDERED. (Signed by Judge Barbara S. Jones on 2/1/2010) (tve) (Entered: 02/01/2010)
02/05/2010 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Scheduling Conference held on 2/5/2010. Fact discovery cutoff 9/15/2010. expert discovery cutoff 1/28/11; claim construction brief 4/20/2010. Next Status Conference set for 3/16/2010 at 09:30 AM before Magistrate Judge Andrew J. Peck. (tro) (Entered: 02/22/2010)
02/16/2010 29 JOINT DISCOVERY PLAN AND SCHEDULING ORDER PURSUANT TO F.R.C.P. 16 AND 26(f): The parties have agreed to the following schedule: Initial disclosures are due February 19, 2010. Close of document discovery is due June 30, 2010. Close of Fact discovery is October 15, 2010. Opening expert reports due November 19, 2010. Rebuttal expert reports due December 23, 2010. Reply expert reports due January 21, 2011. Close of expert discovery is March 4, 2011. Joint Claim construction chart is due April 2, 2010. Opening Claim construction briefs is due April 20, 2010. Responsive Claim Construction briefs is due May 21, 2010 and reply Claim Construction Briefs is due June 4, 2010. (Signed by Judge Barbara S. Jones on 2/16/2010) (jpo) Modified on 2/16/2010 (jpo). Modified on 2/18/2010 (jpo). (Entered: 02/16/2010)
02/17/2010 30 JOINT STIPULATION AND SCHEDULING ORDER: Document discovery due by 6/30/2010. Fact discovery due by 9/15/2010. Expert discovery due by 1/31/2011. On 5/21/2010, the parties shall simultaneously file and serve responsive claim construction briefs and any evidence rebutting the supporting evidence contained in the opposing party's opening claim construction brief. On 6/4/2010, the Parties shall simultaneously file and serve reply claim construction briefs and any evidence rebutting the supporting evidence contained in the opposing party's responsive claim construction brief. Pretrial Conference set for 3/16/2010 at 09:30 AM before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 2/11/2010) Copies Faxed By Chambers.(tro) (Entered: 02/17/2010)
02/18/2010 32 TRANSCRIPT of proceedings held on 2/5/10 before Magistrate Judge Andrew J. Peck. (pl) (Entered: 03/01/2010)
02/19/2010 31 WAIVER OF SERVICE RETURNED EXECUTED. Natco Pharma Ltd. waiver sent on 2/18/2010, answer due 4/19/2010. Document filed by Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.; Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 02/19/2010)
03/04/2010 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Natco Pharma Ltd. as Corporate Parent. Document filed by Natco Pharma Ltd..(Jacob, Beth) (Entered: 03/04/2010)
03/04/2010 34 ANSWER to Complaint., COUNTERCLAIM against Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. Document filed by Natco Pharma Ltd..(Jacob, Beth) (Entered: 03/04/2010)
03/16/2010 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Conference held on 3/16/2010. Discovery disputes resolved-see transcript. Next Status Conference set for 4/22/2010 at 09:30 AM before Magistrate Judge Andrew J. Peck. (mro) (Entered: 03/18/2010)
03/23/2010 35 TRANSCRIPT of proceedings held on March 16, 2010 9:35 a.m. before Magistrate Judge Andrew J. Peck. (ajc) (Entered: 03/23/2010)
03/29/2010 36 ANSWER to Counterclaim. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc..(Hashmall, David) (Entered: 03/29/2010)
04/02/2010 37 JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc..(Jean, Patrice) (Entered: 04/02/2010)
04/20/2010 38 JOINT STIPULATION AND PROPOSED SEALING ORDER that the parties' claim construction briefs and supporting evidence shall be sealed and treated in accordance with the Protective Order to be entered in this case. (Signed by Judge Barbara S. Jones on 4/19/10) (cd) (Entered: 04/20/2010)
04/20/2010 Transmission to Sealed Records Clerk. Transmitted re: 38 Stipulation and Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (cd) (Entered: 04/20/2010)
04/20/2010 39 DECLARATION of Gregory A. Grant, Ph.D.. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Declaration of Gregory A. Grant, Ph.D. (Part II of II), # 2 Exhibit A, # 3 Exhibit B (Part I of II), # 4 Exhibit B (Part II of II), # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Certificate of Service of Joseph B. Crystal)(Crystal, Joseph) (Entered: 04/20/2010)
04/20/2010 41 SEALED DOCUMENT placed in vault.(nm) (Entered: 04/22/2010)
04/21/2010 40 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from John T. Bennett (Counsel for Plaintiffs) and John S. Skilton (Counsel for Defendants) dated 4/21/2010 re: Both parties request that the Court cancel the status conference currently scheduled for 4/22/2010 at 9:30 a.m. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 4/21/2010) Copies Faxed By Chambers.(tro) (Entered: 04/21/2010)
05/10/2010 42 JOINT STIPULATION AND ORDER: The deadline to file and serve the parties' reply claim construction briefs and supporting materials is extended to 6/25/2010. (Signed by Magistrate Judge Andrew J. Peck on 5/10/2010) Copies Faxed By Chambers.(tro) (Entered: 05/10/2010)
05/21/2010 43 NOTICE of Materials Filed Under Seal. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 05/21/2010)
05/21/2010 44 DECLARATION of Paul L. Dubin, PH.D. with Exhibits A-M1. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit E-2, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M-1)(Crystal, Joseph) (Entered: 05/21/2010)
05/21/2010 45 DECLARATION of Paul L. Dubin, PH.D. re: 44 Declaration, with Exhibits M2-X. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Exhibit N, # 2 Exhibit O-1, # 3 Exhibit O-2, # 4 Exhibit O-3, # 5 Exhibit O-4, # 6 Exhibit O-5, # 7 Exhibit O-6, # 8 Exhibit O-7, # 9 Exhibit P, # 10 Exhibit Q, # 11 Exhibit R, # 12 Exhibit S, # 13 Exhibit T, # 14 Exhibit U, # 15 Exhibit V, # 16 Exhibit W, # 17 Exhibit X)(Crystal, Joseph) (Entered: 05/21/2010)
05/24/2010 46 ORDER: that Defendants may file under seal and the Clerk shall accept for filing under seal the following documents, dated 5/21/2010: Defendants' Responsive Claim Construction Brief; Declaration of Alfonso Cornish with Exhibits; Second Declaration of Chyung Ryu with Exhibits. ENDORSEMENT: Plaintiffs' Reply Brief and Exhibits may also be filed under seal. SO ORDERED. (Signed by Judge Barbara S. Jones on 5/24/2010) (tve) (Entered: 05/24/2010)
05/25/2010 49 SEALED DOCUMENT placed in vault.(nm) (Entered: 05/26/2010)
05/26/2010 47 SEALING ORDER that the parties' responsive and reply claim construction briefs and supporting evidence may be filed under seal. (Signed by Judge Barbara S. Jones on 5/26/10) (cd) (Entered: 05/26/2010)
05/26/2010 48 SEALED DOCUMENT placed in vault.(cb) (Entered: 05/26/2010)
06/07/2010 50 STIPULATED ELECTRONIC DISCOVERY ORDER...regarding production of documents and procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Andrew J. Peck on 6/7/2010) Copies Faxed By Chambers.(tro) Modified on 6/9/2010 (tro). (Entered: 06/07/2010)
06/08/2010 51 JOINT STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their undersigned counsel, that the deadline to file and serve the parties' reply claim construction briefs and supporting materials is extended to July 2, 2010. (Signed by Magistrate Judge Andrew J. Peck on 6/8/10) (rjm) (Entered: 06/08/2010)
06/08/2010 Set Deadlines/Hearings: Replies due by 7/2/2010. (rjm) (Entered: 06/08/2010)
06/09/2010 52 SEALED DOCUMENT placed in vault.(nm) (Entered: 06/09/2010)
06/10/2010 53 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Barbara S. Jones on 6/10/2010) (tve) (Entered: 06/10/2010)
06/11/2010 54 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...see document for inserts at ends of indicated paragraphs. (Signed by Magistrate Judge Andrew J. Peck on 6/10/10) Copies sent by chambers(cd) (Entered: 06/11/2010)
06/17/2010 55 ENDORSED LETTER: addressed to Magistrate Judge Andrew J. Peck from Brandon M. White dated 6/16/2010 re: Counsel writes on behalf of all parties with consent. To accommodate the scheduling of depositions prior to the filing of reply claim construction briefs, the parties have agreed to extend the due date for filing reply claim construction briefs to July 9, 2010, a one-week extension from the current due date of July 2, 2010. ENDORSEMENT: Approved. So Ordered. (Signed by Magistrate Judge Andrew J. Peck on 6/16/2010) (js) (Entered: 06/17/2010)
06/30/2010 56 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Brandon White dated 6/30/10 re: Request for a 2 week extension of the document production deadline. ENDORSEMENT: Document production deadline extended to 7/14. All other deadlines remain unchanged (e.g., fact cutoff remains 9/15). (Signed by Magistrate Judge Andrew J. Peck on 6/30/10) Copy sent by chambers.(cd) (Entered: 06/30/2010)
07/09/2010 57 NOTICE of Materials Filed Under Seal. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 07/09/2010)
07/09/2010 58 REPLY Brief on Claim Construction Issues (REDACTED VERSION). Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Crystal, Joseph) (Entered: 07/09/2010)
07/09/2010 59 DECLARATION of Joseph B. Crystal in Support of Teva's Reply Brief on Claim Construction Issues (REDACTED VERSION) re: 58 Reply. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Exhibit (Exhibits 38-44))(Crystal, Joseph) (Entered: 07/09/2010)
07/09/2010 60 DECLARATION of Gregory A. Grant, PH.D (REDACTED VERSION) re: 58 Reply. Document filed by Yeda Research and Development Co. Ltd., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc.. (Attachments: # 1 Exhibit (Exhibits 21 - 24), # 2 Exhibit (Exhibits 25A - 25C), # 3 Exhibit (Exhibits 25D - 25G), # 4 Exhibit (Exhibit 26 - 30))(Crystal, Joseph) (Entered: 07/09/2010)
07/09/2010 61 SEALED DOCUMENT placed in vault.(nm) (Entered: 07/12/2010)
07/09/2010 62 SEALED DOCUMENT placed in vault.(nm) (Entered: 07/12/2010)
07/12/2010 63 BRIEF Defendants' Reply Claim Construction Brief. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc., Natco Pharma Ltd..(Jacob, Beth) (Entered: 07/12/2010)
07/12/2010 64 DECLARATION of Chang Ryu, Ph.D re: 63 Brief Third Declaration. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc., Natco Pharma Ltd.. (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)(Jacob, Beth) (Entered: 07/12/2010)
07/12/2010 65 DECLARATION of Brandon M. White in Support re: 63 Brief. Document filed by Mylan Pharmaceuticals Inc., Mylan Inc., Natco Pharma Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Jacob, Beth) (Entered: 07/12/2010)
07/21/2010 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 7/21/2010. Discovery disputes resolved-see transcript. Defendants to complete production, and demonstrate their "quality control" of keyword searches to plaintiff by 7/30. Fact discovery cutoff 10/15. Status conference to be held before Judge Peck on 8/20 at 10am. (mro) (Entered: 07/23/2010)
07/27/2010 66 TRANSCRIPT of proceedings held on July 21, 2010 before Magistrate Judge Andrew J. Peck. (mro) (Entered: 07/28/2010)
07/30/2010 67 ORDER. (Status Conference set for 8/2/2010 at 10:00 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 7/30/10) Copies Faxed By Chambers. (djc) (Entered: 07/30/2010)
08/02/2010 68 NOTICE OF APPEARANCE by William G. James, II on behalf of Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd. (James, William) (Entered: 08/02/2010)
08/02/2010 69 NOTICE OF APPEARANCE by Carolyn Anne Blessing on behalf of Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd. (Blessing, Carolyn) (Entered: 08/02/2010)
08/02/2010 70 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 8/2/2010. AJP orders specific parts of Mylan documents that Mylan designated as atty. eyes only to be held not confidential at all. See transcript for specific details. (tro) (Entered: 08/03/2010)
08/03/2010 71 NOTICE OF APPEARANCE by Ricardo Solano, Jr on behalf of Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd. (Solano, Ricardo) (Entered: 08/03/2010)
08/04/2010 72 ORDER that the law firm of Schiff Hardin LLP, counsel for defendants, hereby withdraws as counsel of record for Mylan and Natco, and stipulates to the substitution of Friedman Kaplan Seiler & Adelman LLP as attorney of record for Mylan and Natco. (Signed by Magistrate Judge Andrew J. Peck on 8/4/10) Copies sent by fax by chambers(cd) (Entered: 08/04/2010)
08/12/2010 73 TRANSCRIPT of proceedings (Conference) held on 8/2/2010 before Magistrate Judge Andrew J. Peck. (ja) (Entered: 08/12/2010)
08/12/2010 74 TRANSCRIPT of proceedings (conference) held on 7/21/2010 before Magistrate Judge Andrew J. Peck. (ja) (Entered: 08/12/2010)
08/18/2010 75 NOTICE OF APPEARANCE by Andrew Levine on behalf of Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd. (Levine, Andrew) (Entered: 08/18/2010)
08/19/2010 76 NOTICE OF CHANGE OF ADDRESS by Andrew Levine on behalf of Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.. New Address: Friedman Kaplan Seiler & Adelman LLP, 1633 Broadway, New York, NY, 10019, 212-833-1100. (Levine, Andrew) (Entered: 08/19/2010)
08/20/2010 77 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that opening expert reports shall be served by October 29, 2010. Rebuttal expert reports shall be served by December 3, 2010. Reply expert reports shall be served by December 23, 2010. Expert discovery shall be completed by January 31, 2011 (Signed by Magistrate Judge Andrew J. Peck on 8/20/2010)(jpo) (Entered: 08/20/2010)
08/20/2010 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 8/20/2010. Discovery issues resolved- see transcript. Expert reports: 10/29, rebuttal 12/3. reply 12/23. Parties to contact if disputes. (mro) (Entered: 08/24/2010)
08/23/2010 78 MOTION for David L. Anstaett and Sarah C. Walkenhorst to Appear Pro Hac Vice. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.(mro) (Entered: 08/24/2010)
08/26/2010 79 ORDER FOR ADMISSION PRO HAC VICE granting 78 Motion for David L. Anstaett, Sarah C. Walkenhorst to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 8/26/2010) (jpo) (Entered: 08/26/2010)
08/27/2010 CASHIERS OFFICE REMARK on 78 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 08/23/2010, Receipt Number 912882. (jd) (Entered: 08/27/2010)
09/08/2010 80 TRANSCRIPT of proceedings (Conference) held on 8/20/2010 before Magistrate Judge Andrew J. Peck. (ja) (Entered: 09/10/2010)
09/20/2010 81 ORDER. Because fact discovery is almost completed in this action, the Court denies plaintiffs' request to file the proposed draft complaint (attached to their September 17, 2010 letter) in this action, even under a "bifurcated" discovery schedule. The Court grants plaintiffs' alternative request that they be allowed to file a separate complaint (in a new action) to raise these additional claims. The Court sees nothing in the proposed draft complaint that requires sealing. (Signed by Magistrate Judge Andrew J. Peck on 9/20/10); Copies Faxed By Chambers. (djc) Modified on 9/21/2010 (djc). (Entered: 09/20/2010)
09/20/2010 ***DELETED DOCUMENT. Deleted document number 82 ORDER. The document was filed as a duplicate entry of doc. #81 in this case. (djc) Modified on 9/30/2010 (djc). (Entered: 09/21/2010)
09/21/2010 83 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Brandon White dated 9/21/10 re: Request for a stay of the 9/20/10 order. ENDORSEMENT: My Order of 9/20 re filing a new complaint is stayed to allow Mylan to respond. Mylan response due 9/4, Teva reply due 9/20. The stay remains in effect until further court order and there is no need for Mylan to file objections until the Court reconsiders this issue. Copies sent by fax by chambers. (Signed by Magistrate Judge Andrew J. Peck on 9/21/10) (cd) (Entered: 09/21/2010)
09/21/2010 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held via telephone on 9/21/2010. (mro) (Entered: 09/22/2010)
09/27/2010 84 MOTION for Anthony H. Cataldo to Appear Pro Hac Vice. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd..(mbe) (Entered: 10/01/2010)
10/04/2010 85 TRANSCRIPT of proceedings held on 9/21/2010 before Judge Barbara S. Jones. (jn) (Entered: 10/05/2010)
10/04/2010 86 TRANSCRIPT of proceedings held on 9/21/2010 before Magistrate Judge Andrew J. Peck. (jn) (Entered: 10/05/2010)
10/06/2010 87 ORDER ADMITTING COUNSEL PRO HAC VICE: ORDER granting 84 Motion for Anthony H. Cataldo to Appear Pro Hac Vice for plaintiffs Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd. (Signed by Judge Barbara S. Jones on 10/5/10) (db) (Entered: 10/06/2010)
10/14/2010 CASHIERS OFFICE REMARK on 84 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/27/2010, Receipt Number 916283. (jd) (Entered: 10/14/2010)
10/18/2010 88 ORDER: The parties are directed to appear in Courtroom 17C of the United States District Court, 500 Pearl Street, New York, NY 10007 for a status conference on 10/22/2010 at 10:00 AM. By separate order, the Court has also directed Defendants in Teva Pharmaceuticals USA, Inc., et al. v. Sandoz, Inc., et al., No. 08 Civ. 7611 (BSJ) (AJP), to appear at the same status conference. SO ORDERED (Signed by Judge Barbara S. Jones on 10/16/2010) (ab) (Entered: 10/18/2010)
10/22/2010 89 ORDER, that the Clerk of the Court is directed to consolidate the cases captioned above. (Signed by Judge Barbara S. Jones on 10/22/10) (pl) (Entered: 10/22/2010)
10/22/2010 CONSOLIDATED MEMBER CASE: Create association to 1:08-cv-07611-BSJ -AJP.. (pl) (Entered: 10/25/2010)
10/29/2010 90 ORDER, further to the Court's Order dated October 22, 2010 (Case No. 08-7611, D.I. 200), the above-captioned cases are hereby consolidated. At the October 22, 2010 status conference, the following deadlines were agreed to by the parties: Defendants will file a letter brief in support of a motion for summary judgment of indefiniteness no later than November 15, 2010; Defendants will serve Plaintiffs with a Proposed Amended Answer and Counterclaims no later than November 15, 2010; Plaintiffs will inform Defendants whether they intend to oppose the filing of Defendants' Proposed Amended Answer and Counterclaims no later than November 22, 2010. Should Plaintiffs oppose the filing of the proposed amended pleading, the parties will meet and confer regarding a schedule to brief the issue; Plaintiffs will file an opposition to Defendants' motion for summary judgment of indefiniteness no later than December 6, 2010; On January 12,2011 at 10 a.m., the Court will hear oral argument regarding the indefiniteness issues raised by Defendants' motion for summary judgment and proposed claim constructions. (Brief in support of motion for summary judgment of indefiniteness due by 11/15/2010. Oral Argument set for 1/12/2011 at 10:00 AM before Judge Barbara S. Jones. Opposition to Defendant's motion for summary judgment of indefiniteness due by 12/6/2010) (Signed by Judge Barbara S. Jones on 10/28/2010) (lnl) (Entered: 10/29/2010)
11/10/2010 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 11/10/2010. Discovery disputed resolved-see transcript for rulings. AJP enters a Rule 502(d) order. Parties are to contact if disputes. (mbe) (Entered: 11/16/2010)
11/17/2010 91 TRANSCRIPT of proceedings held on November 10, 2010 4:00 p.m. before Magistrate Judge Andrew J. Peck. (ajc) (Entered: 11/19/2010)
12/03/2010 92 BRIEF in REPLY, in Support of Supplemental Claim Construction Brief. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. (Attachments: # 1 Declaration of Karen Hagberg)Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ-AJP(Doyle, David) (Entered: 12/03/2010)
12/06/2010 93 NOTICE of Materials Filed Under Seal. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ-AJP(Doyle, David) (Entered: 12/06/2010)
12/06/2010 94 NOTICE of Materials Filed Under Seal (Letter Brief in Opposition to Defendants' Motion for Summary Judgment and Supporting Blessing Declaration and Exhibits). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Blessing, Carolyn) (Entered: 12/06/2010)
12/06/2010 95 SEALED DOCUMENT placed in vault.(cb) (Entered: 12/07/2010)
12/17/2010 96 MOTION for Summary Judgment (redacted version of 11/15/10 letter to Court pursuant to the Protective Order (D.I. 54)). Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd..(Solano, Ricardo) (Entered: 12/17/2010)
12/17/2010 97 RESPONSE in Opposition re: 96 MOTION for Summary Judgment (redacted version of 11/15/10 letter to Court pursuant to the Protective Order (D.I. 54)). (Redacted Public Version). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Blessing, Carolyn) (Entered: 12/17/2010)
12/17/2010 98 DECLARATION of Carolyn A. Blessing (Redacted Public Version) in Support re: 97 Response in Opposition to Motion, 94 Notice (Other), Notice (Other). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Attachments: # 1 Exhibit A to Blessing Dec ISO Letter Brief IOT Defendants' MSJ (Redacted Public Version), # 2 Exhibit B to Blessing Dec ISO Letter Brief IOT Defendants' MSJ (Redacted Public Version), # 3 Exhibit C to Blessing Dec ISO Letter Brief IOT Defendants' MSJ (Redacted Public Version), # 4 Exhibit D to Blessing Dec ISO Letter Brief IOT Defendants' MSJ (Redacted Public Version), # 5 Exhibit E to Blessing Dec ISO Letter Brief IOT Defendants' MSJ (Redacted Public Version))(Blessing, Carolyn) (Entered: 12/17/2010)
01/03/2011 99 ENDORSED LETTER addressed to Judge Barbara S. Jones from 1/3/2011 dated 11/29/2010 re: Requesting leave to file the Defendants' First Amended Answers, Separate Defenses and Counterclaims. ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 1/3/2011) (jpo) Modified on 1/24/2011 (jpo). (Entered: 01/03/2011)
01/03/2011 100 ENDORSED LETTER addressed to Judge Barbara S. Jones from Andrew Levine dated 12/30/2010 re: Requesting that my name be removed from the docket sheets and all service lists and that I no longer receive electronic notifications in the above actions. ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 1/3/2011) (jpo) (Entered: 01/03/2011)
01/04/2011 101 ORDER, that the hearing regarding Defendants' motion for summary judgment on the basis of indefiniteness is adjourned to January 19, 2011 at 3:00 p.m. (Signed by Judge Barbara S. Jones on 1/4/11) (pl) (Entered: 01/04/2011)
01/05/2011 102 ORDER Defendants' request for leave to file a short reply to Plaintiffs' 12/6/10 opposition letter is GRANTED. Defendants' reply is due by no later than 1/11/11 and must be no longer than 5-pages in length. (Reply due by 1/11/2011.) (Signed by Judge Barbara S. Jones on 1/4/11) (cd) (Entered: 01/05/2011)
01/10/2011 103 MOTION for Melody K. Glazer to Appear Pro Hac Vice. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.(mro) (Entered: 01/11/2011)
01/11/2011 105 SEALED DOCUMENT placed in vault.(cb) Modified on 1/13/2011 (cb). (Entered: 01/13/2011)
01/12/2011 104 ENDORSED LETTER addressed to Judge Barbara S. Jones from A Aannestad dated 1/10/11 re: Request that Sandoz be allowed 15 minutes of time at the end of the hearing on 1/19/11 to address issues re Sandoz's supplemental claim construction briefing. ENDORSEMENT: Application is granted. (Signed by Judge Barbara S. Jones on 1/11/11) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ -AJP(cd) (Entered: 01/13/2011)
01/18/2011 106 NOTICE OF APPEARANCE by Kenneth Nji Ebie on behalf of Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd. (Ebie, Kenneth) (Entered: 01/18/2011)
01/18/2011 107 NOTICE of Materials Filed Under Seal (Plaintiffs' Answer to Mylan's First Amended Counterclaims and Plaintiffs' Answer to Natco's First Amended Counterclaims). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 01/18/2011)
01/18/2011 108 SEALED DOCUMENT placed in vault.(cb) (Entered: 01/19/2011)
01/19/2011 CASHIERS OFFICE REMARK on 103 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/10/2011, Receipt Number 925487. (jd) (Entered: 01/19/2011)
01/21/2011 109 REPLY MEMORANDUM OF LAW in Support re: 96 MOTION for Summary Judgment (redacted version of 11/15/10 letter to Court pursuant to the Protective Order (D.I. 54)).. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.. (Solano, Ricardo) (Entered: 01/21/2011)
01/28/2011 110 ENDORSED LETTER addressed to Judge Barbara S. Jones from firm of Goodwin Procter dated 1/14/11 re: Counsel writes in advance of the January 19th hearing in these cases to request that the Court also hear argument on that date on the Sandoz Defendants' Motion to Dismiss (D.I. 12) and Motion to Stay Litigation (D.I. 49); Plaintiffs also request that each side be allowed fifteen minutes to address the substance of the Sandoz Defendants' motions at the hearing. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 1/14/11) (djc) (Entered: 01/28/2011)
01/31/2011 111 SEALED DOCUMENT placed in vault.(nm) (Entered: 01/31/2011)
01/31/2011 112 MOTION to Strike. Document filed by Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd..(Ebie, Kenneth) (Entered: 01/31/2011)
02/03/2011 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: 02/08/2011)
02/09/2011 TRANSCRIPT of proceedings held on 1/19/11 before Judge Barbara S. Jones. Refer to 08 cv 7611. (jw) (Entered: 02/09/2011)
02/10/2011 113 NOTICE of Materials Filed Under Seal. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 02/10/2011)
02/10/2011 114 SEALED DOCUMENT placed in vault.(nm) (Entered: 02/14/2011)
02/15/2011 115 SEALED DOCUMENT placed in vault.(nm) (Entered: 02/16/2011)
02/17/2011 116 MEMORANDUM OF LAW in Opposition re: 112 MOTION to Strike. (Plaintiffs' Opposition to Defendants' Motion to Strike Expert Opinions Regarding Infringement Under the Doctrine of Equivalents). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Hashmall, David) (Entered: 02/17/2011)
02/17/2011 117 DECLARATION of Nicholas K. Mitrokostas, Esq. in Opposition re: 112 MOTION to Strike.. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (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, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Hashmall, David) (Entered: 02/17/2011)
02/28/2011 118 ENDORSED LETTER addressed to Judge Barbara S. Jones from Nicholas Groombridge dated 2/17/2011 re: Counsel respectfully request that Patricia Young be permitted to withdraw as counsel of record in this matter and be removed from the ECF service list. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Barbara S. Jones on 2/28/2011) (jfe) (Entered: 02/28/2011)
02/28/2011 119 ORDER: Upon review and consideration of the parties' letters to the Court, any motion on the issue of inequitable conduct must be filed by no later than April 4, 2011. Any opposition must be filed by no later than April 18, 2011, and any reply must be filed by no later than April 25, 2011. The filing of a motion on the issue of inequitable conduct does not preclude the filing of other dispositive motions. The trial in this case shall commence on September 7, 2011 at 9:30 a.m. in Courtroom 17C of the United States District Court, 500 Pearl Street, New York, NY 10007. The trial will address any issues not resolved by that date. (Signed by Judge Barbara S. Jones on 2/28/2011) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(jfe) (Entered: 02/28/2011)
03/29/2011 120 NOTICE OF CHANGE OF ADDRESS by Kenneth Nji Ebie on behalf of Mylan Inc., Mylan Pharmaceuticals Inc., Natco Pharma Ltd.. New Address: Friedman Kaplan Seiler & Adelman LLP, 7 Times Square, New York, NY, USA 10036-6516, 212-833-1100. (Ebie, Kenneth) (Entered: 03/29/2011)
04/01/2011 121 JOINT STIPULATION AND ORDER REGARDING PLAINTIFFS' MOTION FOR LEAVE TO SUBSTITUTE EXPERT WITNESS AND DEFENDANTS' REQUEST FOR LEAVE TO SERVE SUPPLEMENTAL EXPERT REPORT, that Plaintiffs filed a Motion for Leave to Substitute Expert Witness (D.1. 166) requesting that the Court grant leave to substitute Dr. Curtis D. Klaassen as an expert witness in place of Dr. Shayne C. Gad and allow Plaintiffs to rely upon Dr. Klaassen's Expert Witness Report, dated May 27, 2010. To avoid burdening the Court with additional motion practice, the parties have negotiated a resolution to the pending motion as set forth in this Order. (Signed by Judge Barbara S. Jones on 4/1/11) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(pl) Modified on 4/1/2011 (pl). (Entered: 04/01/2011)
04/01/2011 125 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that limited supplemental expert discovery will be permitted on the following schedule and subject to the following terms, as set forth in this Stipulation and Order. (Signed by Judge Barbara S. Jones on 4/1/2011) (jpo) Modified on 4/7/2011 (jpo). (Entered: 04/05/2011)
04/04/2011 122 NOTICE of Motion for Summary Judgment of No Inequitable Conduct. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 04/04/2011)
04/04/2011 123 NOTICE of Materials Filed Under Seal. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 04/04/2011)
04/05/2011 124 ORDER FOR ADMISSION PRO HAC VICE granting 103 Motion for Melody K. Glazer to Appear Pro Hac Vice. Melody K. Glazer is admitted to practice pro hac vice as counsel for Mylan Pharmaceuticals Inc., Mylan Inc., and Natco Pharma Ltd. (Signed by Judge Barbara S. Jones on 4/5/2011) (tro) (Entered: 04/05/2011)
04/11/2011 126 ENDORSED LETTER addressed to Judge Barbara S. Jones from David C. Doyle dated 4/8/11 re: We write seeking a two-week extension of time to respond to Teva's motion for summary judgment of no inequitable conduct, filed under seal on April 4. The requested extension would change the due date to May 2, 2011. ENDORSEMENT: Both defendants have until May 2, 2011 to file their opposition. Plaintiff's reply is due May 9, 2011. So ordered. (Responses due by 5/2/2011. Replies due by 5/9/2011.) (Signed by Judge Barbara S. Jones on 4/11/2011) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(rjm) (Entered: 04/11/2011)
04/11/2011 127 BRIEF re: 122 Notice (Other) (Public Redacted Version - Memorandum in Support of Plaintiffs' Motion for Summary Judgment of No Inequitable Conduct). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Attachments: # 1 Certificate of Service)(Crystal, Joseph) (Entered: 04/11/2011)
04/11/2011 128 RULE 56.1 STATEMENT. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 04/11/2011)
04/11/2011 129 DECLARATION of Joseph B. Crystal re: 122 Notice (Other) (Public Redacted Version - Declaration of Joseph B. Crystal, Esq. in Support of Plaintiffs' Motion for Summary Judgment of No Inequitable Conduct). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Attachments: # 1 Exhibits 1 - 5, # 2 Exhibits 6 - 12, # 3 Exhibit 13 (Part 1 of 2), # 4 Exhibit 13 (Part 2 of 2), # 5 Exhibits 14 - 22, # 6 Exhibits 23 - 27, # 7 Exhibit 28, # 8 Exhibits 29 - 30, # 9 Exhibit 31 (Part 1 of 2), # 10 Exhibit 31 (Part 2 of 2), # 11 Exhibits 32 - 34, # 12 Exhibit 35, # 13 Exhibit 36, # 14 Exhibit 37 (Part 1 of 3), # 15 Exhibit 37 (Part 2 of 3), # 16 Exhibit 37 (Part 3 of 3), # 17 Exhibit 38, # 18 Exhibits 39 - 41, # 19 Exhibits 42 - 51, # 20 Exhibits 52 - 53, # 21 Exhibits 54 - 56, # 22 Exhibits 57 - 59, # 23 Exhibits 60 - 67)(Crystal, Joseph) (Entered: 04/11/2011)
05/02/2011 130 NOTICE of Materials Filed Under Seal. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Aannestad, Anders) (Entered: 05/02/2011)
05/03/2011 131 SEALED DOCUMENT placed in vault.(mps) (Entered: 05/03/2011)
05/03/2011 132 NOTICE of Materials Filed Under Seal. Document filed by Momenta Pharmaceuticals, Inc., Sandoz Inc.. Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(Aannestad, Anders) (Entered: 05/03/2011)
05/05/2011 133 STIPULATION AND ORDER AND AGREED by and between the parties, through their undersigned counsel that: The deadline for submission of trial briefs and statements of elements of claims is August 18, 2011; The Final Pretrial Conference shall be held on August, 25, 2011 as set forth in this order. SO ORDERED. ( Motions due by 8/2/2011, Pretrial Order due by 8/11/2011, Responses due by 8/9/2011) (Signed by Judge Barbara S. Jones on 5/5/11) (jmi) (Entered: 05/05/2011)
05/09/2011 134 NOTICE of Materials Filed Under Seal. Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 05/09/2011)
05/09/2011 135 SEALED DOCUMENT placed in vault.(mps) (Entered: 05/10/2011)
05/12/2011 136 STIPULATION AND ORDER REGARDING RETRIEVAL OF PREVIOUSLY FILED MOTIONS PAPERS AND FILING OF AMENDED MOTION PAPERS. IT IS HEREBY STIPULATED AND AGREED by and between Mylan, Sandoz, and Plaintiffs, through their undersigned counsel, as follows, subject to the approval of the Court: Mylan shall as soon as possible after this Order is signed retrieve from the Clerk's Office all copies of the Mylan Motion Papers and Joint Motions Papers described above, and shall destroy the same. Mylan shall, if they have not already, refiled corrected copies of the Mylan Motion Papers and Joint Motion Papers that do not contain any references to the Privileged Document. (Signed by Judge Barbara S. Jones on 5/12/11) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(rjm) (Entered: 05/12/2011)
06/09/2011 137 BRIEF re: 122 Notice (Other) (Redacted Reply Memorandum in Further Support of Plaintiffs' Motion for Summary Judgment of No Inequitable Conduct). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd..(Crystal, Joseph) (Entered: 06/09/2011)
06/09/2011 138 DECLARATION of Joseph B. Crystal re: 122 Notice (Other) (Redacted Declaration of Joseph B. Crystal, Esq. in Further Support of Plaintiffs' Motion for Summary Judgment of No Inequitable Conduct). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 06/09/2011)
06/09/2011 139 RESPONSE to Defendants Sandoz Inc. and Momenta Pharmaceuticals, Inc.'s Statement of Additional Material Facts Pursuant to Local Rule 56.1 (Redacted). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 06/09/2011)
06/09/2011 140 RESPONSE to Defendants Mylan Pharmaceuticals, Inc., Mylan Inc., and Natco Pharma Ltd.'s Statement of Additional Disputed Material Facts Pursuant to Local Rule 56.1 (Redacted). Document filed by Teva Neuroscience, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Yeda Research and Development Co. Ltd.. (Crystal, Joseph) (Entered: 06/09/2011)
06/17/2011 141 ORDER: Plaintiffs' motion for a summary judgment finding of no inequitable conduct (Dkt. 218) is DENIED. A bench trial regarding Defendants' inequitable conduct affirmative defense will commence on July 11, 2011 at 9:30 am. in Courtroom 17C of the USDC, 500 Pearl Street, New York, NY 10007. (Signed by Judge Barbara S. Jones on 6/17/2011) Filed In Associated Cases: 1:08-cv-07611-BSJ -AJP, 1:09-cv-08824-BSJ(jpo) (Entered: 06/17/2011)