| Court: | casd |
| Docket #: | 3:15-cv-01905 |
| Case Name: | Merck Sharp & Dohme Corp. et al v. Med-Pharmex, Inc. |
| PACER case #: | 483412 |
| Date filed: | 2015-08-28 |
| Date terminated: | 2016-01-08 |
| Assigned to: | Judge Dana M. Sabraw |
| Referred to: | Magistrate Judge Karen S. Crawford |
| Case Cause: | 35:0271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Merck Sharp & Dohme Corp. Plaintiff |
Amardeep Lal Thakur Joshua Paul Davis Nicolas Barzoukas |
| Intervet Inc. Plaintiff |
Amardeep Lal Thakur Joshua Paul Davis Nicolas Barzoukas |
| Med-Pharmex, Inc. Defendant |
Donald J Mizerk |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-08-28 | 1 | 0 | COMPLAINT Against Med-Pharmex, Inc. (Filing fee $ 400 receipt number 0974-8369131) filed by Merck Sharp & Dohme Corp., Intervet Inc. (Attachments: # 1 Civil Case Cover Sheet)The new case number is 3:15-cv-01905-BTM-KSC. Judge Barry Ted Moskowitz and Magistrate Judge Karen S. Crawford are assigned to the case. (Thakur, Amardeep)(kcm)(jrd) (Entered: 08/28/2015) | |||
| 2015-08-28 | 2 | 0 | REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *6,127,353* (cc: USPTO)(kcm)(jrd) (Entered: 08/28/2015) | |||
| 2015-08-28 | 3 | 0 | NOTICE of Party With Financial Interest by Intervet Inc., Merck Sharp & Dohme Corp.(kcm)(jrd) (Entered: 08/28/2015) | |||
| 2015-08-28 | 4 | 0 | Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (kcm)(jrd) (Entered: 08/28/2015) | |||
| 2015-08-31 | 5 | 0 | MINUTE ORDER. Judge Barry Ted Moskowitz has declined assignment pursuant to General Order 598. Case reassigned to Judge Dana M. Sabraw for all further proceedings. The new case number is 15cv1905-DMS(KSC) (no document attached) (tel) (Entered: 08/31/2015) | |||
| 2015-09-21 | 6 | 0 | NOTICE of Party With Financial Interest by Med-Pharmex, Inc. (Mizerk, Donald)(aef). (Entered: 09/21/2015) | |||
| 2015-09-21 | 7 | 0 | ANSWER to 1 Complaint, by Med-Pharmex, Inc..(Mizerk, Donald)Attorney Donald J Mizerk added to party Med-Pharmex, Inc.(pty:dft) (aef). (Entered: 09/21/2015) | |||
| 2015-09-23 | 8 | 0 | Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8437288.) (Application to be reviewed by Clerk.) (Davis, Joshua) (vam). (Entered: 09/23/2015) | |||
| 2015-09-23 | 9 | 0 | Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8437727.) (Application to be reviewed by Clerk.) (Barzoukas, Nicolas) (vam). (Entered: 09/23/2015) | |||
| 2015-10-06 | 10 | 0 | NOTICE AND ORDER Setting Early Neutral Evaluation Conference. An Early Neutral Evaluation is set for 11/17/2015 at 02:30 PM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 10/5/2015.(aef) (Entered: 10/06/2015) | |||
| 2015-10-09 | 11 | 0 | ORDER Approving Pro Hac Vice as to Joshua Davis. Signed by Judge Dana M. Sabraw on 10/5/2015.(vam) (Entered: 10/09/2015) | |||
| 2015-10-09 | 12 | 0 | ORDER Approving Pro Hac Vice as to Nicolas Barzoukas. Signed by Judge Dana M. Sabraw on 10/5/2015.(vam) (Entered: 10/09/2015) | |||
| 2015-11-17 | 13 | 0 | Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: An Early Neutral Evaluation Conference was held on 11/17/2015. The case did not settle. Scheduling order to issue.(no document attached) (plh) (Entered: 12/02/2015) | |||
| 2015-12-11 | 14 | 0 | CASE MANAGEMENT CONFERENCE ORDER Regulating Discovery and Other Pretrial Proceedings in a Patent Case. The Court held an Early Neutral Evaluation Conference on 11/17/2015. The Claims Construction and Tutorial Hearing is set for 7/25/2016 at 09:00 AM before Magistrate Judge Karen S. Crawford. A Mandatory Settlement Conference is set for 8/25/2016 at 09:30 AM before Magistrate Judge Karen S. Crawford. The Proposed Final Pretrial Conference Order is due by 7/21/2017. The Final Pretrial Conference is set for 7/28/2017 at 10:30 AM before Judge Dana M. Sabraw. Signed by Magistrate Judge Karen S. Crawford on 12/11/2015.(aef) (Entered: 12/14/2015) | |||
| 2015-12-23 | 15 | 0 | MOTION for Voluntary Dismissal filed as - NOTICE of Voluntary Dismissal by Intervet Inc., Merck Sharp & Dohme Corp. (Thakur, Amardeep) Modified on 12/24/2015- QC mailer sent re proposed orders should not be filed; incorrect judge in caption (aef). (Entered: 12/23/2015) | |||
| 2016-01-08 | 16 | 0 | ORDER Dismissing Action with Prejudice. (Re Doc. 15 ) The Court ORDERS the following: 1. On August 28, 2015, Plaintiffs filed a patent infringement complaint (Complaint) against Defendant containing two counts of patent infringement concerning Defendant's proposed otic suspension veterinary drug product (Generic Product), as described in Abbreviated New Animal Drug Application (ANADA) No. 200-536. Both counts for the infringement of U.S. Patent No. 6,127,353 (the '353 patent). 2. On September 21, 2015, Defendant filed its Answer to Plaintiffs' Complaint. 3. Plaintiffs' claims recited in Counts I and II of the Complaint for the infringement of the '353 patent shall be DISMISSED WITH PREJUDICE. 4. Notwithstanding the above Paragraph 3, Plaintiffs shall retain the right to pursue any and all relief against Defendant (including its subsidiaries, affiliates, agents, distributors, suppliers, customers, officers, directors, employees, and representatives and their successors and their assigns) for infringement of the '353 patent in the event that there is a material amendment or supplement to Defendant's ANADA No. 200-536, or a material change to Defendant's Generic Product or its components so as to result in infringement of the '353 patent. 5. In the event that the provisions of Paragraph 4 are triggered, Defendant shall retain the right to respond with any and all defenses and counterclaims. 6. Each party shall be responsible for its own attorneys' fees and costs with respect to the dismissed claims and counterclaims. Signed by Judge Dana M. Sabraw on 1/8/2016. (aef) (Entered: 01/11/2016) |