Court: | ilnd |
Docket #: | 1:15-cv-03695 |
Case Name: | Apotex Inc v. Daiichi Sankyo, Inc. et al |
PACER case #: | 309632 |
Date filed: | 2015-04-27 |
Date terminated: | 2016-01-08 |
Assigned to: | Honorable Sharon Johnson Coleman |
Case Cause: | 15:1126 Patent Infringement |
Nature of Suit: | 830 Patent |
Jury Demand: | None |
Jurisdiction: | Federal Question |
Represented Party | Attorney & Contact Info |
Apotex Inc Plaintiff |
Steven Eric Feldman Daniel R. Cherry Leonard Friedman Sherry Lee Rollo |
Daiichi Sankyo, Inc. Defendant |
David C. Van Dyke C. Austin Ginnings Dominick A Conde Emily Elizabeth Bennett Joshua Calabro Nina Shreve |
Daiichi Sankyo Co., Ltd. Defendant |
David C. Van Dyke C. Austin Ginnings Dominick A Conde Emily Elizabeth Bennett Joshua Calabro Nina Shreve |
Mylan Pharmaceuticals Inc. Intervenor |
James B Coughlan Autumn N. Nero David L. Anstaett David R. Pekarek Krohn Shannon M. Bloodworth |
Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
2015-04-27 | 1 | 0 | COMPLAINT filed by Apotex Inc; Filing fee $ 400, receipt number 0752-10583785. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Rollo, Sherry) (Entered: 04/27/2015) | 2015-04-29 23:27:13 | da3a1d0e1d7d080c744b40efe0e2207a0af0bfd4 | |
1 | 1 | Civil Cover Sheet | ||||
1 | 2 | Exhibit A | ||||
1 | 3 | Exhibit B | ||||
1 | 4 | Exhibit C | ||||
1 | 5 | Exhibit D | ||||
1 | 6 | Exhibit E | ||||
2015-04-27 | 2 | 0 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Apotex Inc (Rollo, Sherry) (Entered: 04/27/2015) | |||
2015-04-27 | 3 | 0 | Notice of Claims Pursuant to LR 3.4 by Apotex Inc (Rollo, Sherry) (Entered: 04/27/2015) | |||
2015-04-27 | 4 | 0 | ATTORNEY Appearance for Plaintiff Apotex Inc by Sherry Lee Rollo (Rollo, Sherry) (Entered: 04/27/2015) | |||
2015-04-27 | 5 | 0 | ATTORNEY Appearance for Plaintiff Apotex Inc by Steven Eric Feldman (Feldman, Steven) (Entered: 04/27/2015) | |||
2015-05-05 | 6 | 0 | ATTORNEY Appearance for Plaintiff Apotex Inc by Daniel R. Cherry (Cherry, Daniel) (Entered: 05/05/2015) | |||
2015-05-14 | 7 | 0 | MINUTE entry before the Honorable Samuel Der-Yeghiayan: The Clerk of Court is to arrange for this case to be transferred to the Patent Case Pilot Program. Mailed notice (mw, ) (Entered: 05/14/2015) | |||
2015-05-15 | 8 | 0 | EXECUTIVE COMMITTEE ORDER: It appearing that 15 C 3695, Apotex Inc v. Daiichi Sankyo, Inc. et al., pending before the Hon. Samuel Der-Yeghiayan, has been identified for transfer to the Patent Case Pilot Program in which this Court is participating, therefore It is hereby ordered that 15 C 3695, Apotex Inc v. Daiichi Sankyo, Inc. et al., is to be reassigned by lot to one of the district judges participating in the pilot program. Case reassigned to the Honorable Rebecca R. Pallmeyer for all further proceedings. Signed by Executive Committee on 5/15/2015.(mr, ) (Entered: 05/15/2015) | |||
2015-05-18 | 9 | 0 | MINUTE entry before the Honorable Rebecca R. Pallmeyer: The parties have identified this case as related to 12 c 9295, pending before Judge Coleman of this court. Parties are directed to advise this court within seven days whether they will be seeking reassignment of this matter to Judge Coleman. Mailed notice (ao,) (Entered: 05/18/2015) | |||
2015-05-18 | 10 | 0 | MAILED patent report to Patent Trademark Office, Alexandria VA (sj, ) (Entered: 05/18/2015) | |||
2015-05-26 | 11 | 0 | Notice of Intent to Seek Reassignment by Apotex Inc (Rollo, Sherry) (Entered: 05/26/2015) | |||
2015-05-28 | 12 | 0 | MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court acknowledges counsel's notice that Apotex will be seeking reassignment of this case to Judge Coleman. Status conference is set for July 30, 2015, at 9:00 a.m. Should Judge Coleman grant reassignment, the status date will be stricken. Mailed notice (ma,) (Entered: 05/28/2015) | |||
2015-05-29 | 13 | 0 | WAIVER OF SERVICE returned executed by Apotex Inc. Daiichi Sankyo Co., Ltd. waiver sent on 4/29/2015, answer due 7/28/2015. (Rollo, Sherry) (Entered: 05/29/2015) | |||
2015-05-29 | 14 | 0 | WAIVER OF SERVICE returned executed by Apotex Inc. Daiichi Sankyo, Inc. waiver sent on 4/29/2015, answer due 6/29/2015. (Rollo, Sherry) (Entered: 05/29/2015) | |||
2015-06-30 | 15 | 0 | ATTORNEY Appearance for Defendants Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc. by David C. Van Dyke (Van Dyke, David) (Entered: 06/30/2015) | |||
2015-06-30 | 16 | 0 | ATTORNEY Appearance for Defendants Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc. by Emily Elizabeth Bennett (Bennett, Emily) (Entered: 06/30/2015) | |||
2015-07-06 | 17 | 0 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10830950. (Conde, Dominick) (Entered: 07/06/2015) | |||
2015-07-06 | 18 | 0 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10830989. (Shreve, Nina) (Entered: 07/06/2015) | |||
2015-07-06 | 19 | 0 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10831016. (Ginnings, C.) (Entered: 07/06/2015) | |||
2015-07-06 | 20 | 0 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10831034. (Calabro, Joshua) (Entered: 07/06/2015) | |||
2015-07-07 | 21 | 0 | ORDER: Motions for leave to appear pro hac vice [17, 18, 19, 20] are granted. Signed by the Honorable Rebecca R. Pallmeyer on 7/7/2015.(rm, ) (Entered: 07/08/2015) | |||
2015-07-10 | 22 | 0 | NOTICE by Steven Eric Feldman of Change of Address (Feldman, Steven) (Entered: 07/10/2015) | |||
2015-07-10 | 23 | 0 | NOTICE by Sherry Lee Rollo of Change of Address (Rollo, Sherry) (Entered: 07/10/2015) | |||
2015-07-23 | 24 | 0 | ATTORNEY Appearance for Plaintiff Apotex Inc by Leonard Friedman (Friedman, Leonard) (Entered: 07/23/2015) | |||
2015-07-30 | 25 | 0 | MOTION by Defendants Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc. to dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction (Van Dyke, David) (Entered: 07/30/2015) | |||
2015-07-30 | 26 | 0 | ANSWER to Complaint Defendants Daiichi Sankyo, Inc. and Daiichi Sankyo Co., Ltd.'s Limited Answer to the Personal Jurisdiction and Venue Allegations of Plaintiff's Complaint by Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc.(Van Dyke, David) (Entered: 07/30/2015) | |||
2015-07-30 | 27 | 0 | MINUTE entry before the Honorable Rebecca R. Pallmeyer:Status hearing held on 7/30/2015. Mailed notice. (etv, ) (Entered: 07/30/2015) | |||
2015-08-03 | 28 | 0 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings pursuant to Local Rule 40.4. Signed by Executive Committee on 08/03/2015.(rm, ) (Entered: 08/06/2015) | |||
2015-08-26 | 29 | 0 | ATTORNEY Appearance for Intervenor Mylan Pharmaceuticals Inc. by James B Coughlan (Coughlan, James) (Entered: 08/26/2015) | |||
2015-08-26 | 30 | 0 | MOTION by Intervenor Mylan Pharmaceuticals Inc. to intervene (Coughlan, James) (Entered: 08/26/2015) | |||
2015-08-26 | 31 | 0 | NOTICE of Motion by James B Coughlan for presentment of motion to intervene 30 before Honorable Sharon Johnson Coleman on 9/9/2015 at 08:45 AM. (Coughlan, James) (Entered: 08/26/2015) | |||
2015-08-26 | 32 | 0 | MEMORANDUM by Mylan Pharmaceuticals Inc. in support of motion to intervene 30 (Attachments: # 1 Exhibit A)(Coughlan, James) (Entered: 08/26/2015) | |||
2015-08-27 | 33 | 0 | Amended NOTICE of Motion by James B Coughlan for presentment of motion to intervene 30 before Honorable Sharon Johnson Coleman on 9/9/2015 at 08:45 AM. (Coughlan, James) (Entered: 08/27/2015) | |||
2015-09-04 | 34 | 0 | Second Amended Notice of Presentment of Motion NOTICE of Motion by James B Coughlan for presentment of motion to intervene 30 before Honorable Sharon Johnson Coleman on 9/23/2015 at 08:45 AM. (Coughlan, James) (Entered: 09/04/2015) | |||
2015-09-04 | 35 | 0 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11055362. Shannon M. Bloodworth (Coughlan, James) (Entered: 09/04/2015) | |||
2015-09-04 | 36 | 0 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11055369. David L. Anstaett (Coughlan, James) (Entered: 09/04/2015) | |||
2015-09-04 | 37 | 0 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11055383. Autumn N. Nero (Coughlan, James) (Entered: 09/04/2015) | |||
2015-09-15 | 38 | 0 | MOTION by Plaintiff Apotex Inc for summary judgment (Rollo, Sherry) (Entered: 09/15/2015) | |||
2015-09-15 | 39 | 0 | MEMORANDUM by Apotex Inc in support of motion for summary judgment 38 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rollo, Sherry) (Entered: 09/15/2015) | |||
2015-09-15 | 40 | 0 | RULE 56 56(c)(1) Statement by Apotex Inc regarding motion for summary judgment 38 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rollo, Sherry) (Entered: 09/15/2015) | |||
2015-09-15 | 41 | 0 | NOTICE of Motion by Sherry Lee Rollo for presentment of motion for summary judgment 38 before Honorable Sharon Johnson Coleman on 9/18/2015 at 09:00 AM. (Rollo, Sherry) (Entered: 09/15/2015) | |||
2015-09-15 | 42 | 0 | CERTIFICATE of Service for Motion for Summary Judgment, Memorandum in Support of Summary Judgment, Statement of Undisputed Material Facts, and Notice of Motion (Rollo, Sherry) (Entered: 09/15/2015) | |||
2015-09-17 | 43 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman: Motions for leave to appear pro hac vice 35 , 36 , and 37 are granted. Mailed notice (ao,) (Entered: 09/17/2015) | |||
2015-09-18 | 44 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman:Status and motion hearing held on 9/18/2015. Mylan Pharmaceuticals Inc.'s motion to intervene 30 is granted. No appearance necessary on 9/23/2015. Defendants' and intervenor's responses to plaintiff's motion for summary judgment 38 due 10/16/2015; plaintiff's reply due 10/30/2015. After the motion is fully briefed, the Court will take it under advisement and set dates as necessary. Defendants' to notify Court regarding its position with respect to defendants' motion to dismiss 25 by 9/30/2015. Mailed notice (air, ) (Entered: 09/18/2015) | |||
2015-09-25 | 45 | 0 | MOTION by Intervenor Mylan Pharmaceuticals Inc. to dismiss for lack of jurisdiction (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)(Coughlan, James) (Entered: 09/25/2015) | |||
2015-09-25 | 46 | 0 | NOTICE of Motion by James B Coughlan for presentment of motion to dismiss/lack of jurisdiction, 45 before Honorable Sharon Johnson Coleman on 10/8/2015 at 08:45 AM. (Coughlan, James) (Entered: 09/25/2015) | |||
2015-09-30 | 47 | 0 | NOTICE of Motion by David C. Van Dyke for presentment of motion to dismiss 25 before Honorable Sharon Johnson Coleman on 10/8/2015 at 08:45 AM. (Van Dyke, David) (Entered: 09/30/2015) | |||
2015-09-30 | 48 | 0 | STATUS Report Regarding Motion to Dismiss [Dkt. 25] by Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc. (Van Dyke, David) (Entered: 09/30/2015) | |||
2015-10-02 | 49 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' motion to dismiss 25 and Intervenor's motion to dismiss 45 are entered and continued. No appearance necessary on 10/8/2015. Mailed notice (rth, ) (Entered: 10/02/2015) | |||
2015-10-14 | 50 | 0 | Daiichi Sankyo, Inc. and Daiichi Sankyo Co., Ltd's Petition for Writ of Certiorari by Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc. (Attachments: # 1 Notice of Filing)(Van Dyke, David) (Entered: 10/14/2015) | |||
2015-10-16 | 51 | 0 | RULE 56 56(c)(1) Statement (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Van Dyke, David) (Entered: 10/16/2015) | |||
2015-10-16 | 52 | 0 | MEMORANDUM by Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc. in Opposition to motion for summary judgment 38 (Attachments: # 1 Exhibit 1)(Van Dyke, David) (Entered: 10/16/2015) | |||
2015-10-16 | 53 | 0 | RESPONSE by Mylan Pharmaceuticals Inc.in Opposition to MOTION by Plaintiff Apotex Inc for summary judgment 38 (Coughlan, James) (Entered: 10/16/2015) | |||
2015-10-16 | 54 | 0 | RULE 56.1 Statement in Opposition to Apotex's Motion for Summary Judgment (Attachments: # 1 Exhibit A)(Coughlan, James) (Entered: 10/16/2015) | |||
2015-10-16 | 55 | 0 | DECLARATION of Shannon M. Bloodworth regarding response in opposition to motion 53 (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)(Coughlan, James) (Entered: 10/16/2015) | |||
2015-10-30 | 56 | 0 | REPLY by Apotex Inc to memorandum in opposition to motion 52 , response in opposition to motion 53 (Rollo, Sherry) (Entered: 10/30/2015) | |||
2015-10-30 | 57 | 0 | RESPONSE by Plaintiff Apotex Inc to Rule 56 statement 51 (Rollo, Sherry) (Entered: 10/30/2015) | |||
2015-10-30 | 58 | 0 | RESPONSE by Plaintiff Apotex Inc to Rule 56 statement 54 (Rollo, Sherry) (Entered: 10/30/2015) | |||
2015-11-10 | 59 | 0 | Notice of Denial of Petition of Certiorari by Apotex Inc (Attachments: # 1 Exhibit A)(Rollo, Sherry) (Entered: 11/10/2015) | |||
2015-11-11 | 60 | 0 | RESPONSE by Intervenor Mylan Pharmaceuticals Inc. to other 59 to Notice Regarding Denial of Petition (Coughlan, James) (Entered: 11/11/2015) | |||
2015-12-03 | 61 | 0 | REPLY by Plaintiff Apotex Inc to Response 60 to Notice Regarding Denial of Petition for Certiorari (Rollo, Sherry) (Entered: 12/03/2015) | |||
2015-12-10 | 62 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman: Having taken this matter under advisement and reviewed the briefing, this Court notes that Apotex, Inc. has improperly supported material portions of its Rule 56.1 statement with citations to its Amended Complaint, in clear violation of Rule 56(c)(1)(A). Accordingly, pursuant to Fed. R. Civ. P. 56(e)(1), this Court orders Apotex to file a supplemental Rule 56.1 statement amending and properly supporting paragraphs 5 and 6 of its Rule 56.1 statement within 14 days of this Order. Defendants shall have 7 days thereafter to file a similarly limited Rule 56.1 statement in response, if so desired. The Court will advise the parties if any further submissions on this matter are necessary. Mailed notice (rth, ) (Entered: 12/10/2015) | |||
2015-12-11 | 63 | 0 | RULE 56 56(c)(1) Statement by Apotex Inc regarding motion for summary judgment 38 (Supplement) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Rollo, Sherry) (Entered: 12/11/2015) | |||
2015-12-18 | 64 | 0 | RULE 56 1 Statement by Mylan Pharmaceuticals Inc. regarding motion for summary judgment 38 in Opposition (Coughlan, James) (Entered: 12/18/2015) | |||
2016-01-08 | 65 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman: For the foregoing reasons, Apotexs motions for summary judgment in Apotex I 103 and Apotex II 38 are granted. Enter Memorandum Opinion and Order. All pending motions are stricken as moot. Civil case terminated. Mailed notice (rth, ) (Entered: 01/08/2016) | |||
2016-01-08 | 66 | 0 | MEMORANDUM Opinion and Order Signed by the Honorable Sharon Johnson Coleman on 1/8/2016:Mailed notice(rth, ) (Entered: 01/08/2016) | |||
2016-01-08 | 67 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman: This Court having granted Apotex's motion for summary judgment 38 , intervening defendant Mylan Pharmaceuticals Inc.'s subsequently filed motion to dismiss for lack of jurisdiction 45 is denied for those reasons set forth in this Court's opinion granting summary judgment and in the Federal Circuits ruling in Apotex, Inc. v. Daiichi Sankyo, Inc., 781 F.3d 1356 (Fed. Cir. 2015). Mailed notice (rth, ) (Entered: 01/08/2016) | |||
2016-02-05 | 68 | 0 | MOTION by Intervenor Mylan Pharmaceuticals Inc. to set a briefing schedule to Address Issues Remaining in this Litigation, or, in the Alternative, to Alter or Amend Any Existing Judgment Pursuant to Fed. R. Civ. P. 59(e) (Coughlan, James) (Entered: 02/05/2016) | |||
2016-02-05 | 69 | 0 | NOTICE of Motion by James B Coughlan for presentment of motion by filer to set a briefing schedule 68 before Honorable Sharon Johnson Coleman on 2/18/2016 at 08:45 AM. (Coughlan, James) (Entered: 02/05/2016) | |||
2016-02-05 | 70 | 0 | MEMORANDUM by Mylan Pharmaceuticals Inc. in support of motion by filer to set a briefing schedule 68 to Address Issues Remaining in this Litigation, or, in the Alternative, to Alter or Amend Any Existing Judgment Pursuant to Fed. R. Civ. P. 59(e) (Attachments: # 1 Exhibit A)(Coughlan, James) (Entered: 02/05/2016) | |||
2016-02-08 | 71 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman: Having reviewed Mylan Pharmaceuticals Inc.'s Motion to Enter a Briefing Schedule 68 , this Court grants that motion and sets the following briefing schedule to address the remaining issues in this litigation, and especially the relief requested in paragraphs C and D of the complaint. Mylan's initial brief is due by 2/29/2016. Response due by 3/14/2016. Reply due by 3/21/2016. The parties are reminded to comply with the page limits set forth by Local Rule 7.1. If the unresolved claims for relief have been abandoned, the parties shall so indicate by appropriate motion. No appearance necessary on 2/18/2016. Mailed notice (rth, ) (Entered: 02/08/2016) | |||
2016-02-11 | 72 | 0 | MOTION by Plaintiff Apotex Inc for judgment (Rollo, Sherry) (Entered: 02/11/2016) | |||
2016-02-11 | 73 | 0 | MEMORANDUM by Apotex Inc in support of motion for judgment 72 (Attachments: # 1 Exhibit A (Proposed Judgment), # 2 Exhibit B (Proposed Judgment))(Rollo, Sherry) (Entered: 02/11/2016) | |||
2016-02-11 | 74 | 0 | NOTICE of Motion by Sherry Lee Rollo for presentment of motion for judgment 72 before Honorable Sharon Johnson Coleman on 2/18/2016 at 08:45 AM. (Rollo, Sherry) (Entered: 02/11/2016) | |||
2016-02-12 | 75 | 0 | RESPONSE by Mylan Pharmaceuticals Inc. to MOTION by Plaintiff Apotex Inc for judgment 72 (Attachments: # 1 Exhibit A)(Coughlan, James) (Entered: 02/12/2016) | |||
2016-02-12 | 76 | 0 | MAILED patent report to Patent Trademark Office, Alexandria VA (mmy, ) (Entered: 02/12/2016) | |||
2016-02-18 | 77 | 0 | MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 2/18/2016. Plaintiff's motion for judgment 72 is taken under advisement. Defendant shall file its version of final judgment no later than 2/25/2016.Mailed notice (rth, ) (Entered: 02/19/2016) | |||
2016-02-25 | 78 | 0 | MOTION by Defendants Daiichi Sankyo Co., Ltd., Daiichi Sankyo, Inc., Intervenor Mylan Pharmaceuticals Inc. for judgment to be entered pursuant to Fed. R. Civ. P. 58 (Attachments: # 1 Exhibit)(Coughlan, James) (Entered: 02/25/2016) | |||
2016-02-25 | 79 | 0 | Defendants' NOTICE of Motion by James B Coughlan for presentment of motion for judgment 78 before Honorable Sharon Johnson Coleman on 3/10/2016 at 08:45 AM. (Coughlan, James) (Entered: 02/25/2016) | |||
2016-02-26 | 80 | 0 | ATTORNEY Appearance for Intervenor Mylan Pharmaceuticals Inc. by David R. Pekarek Krohn (Pekarek Krohn, David) (Entered: 02/26/2016) | |||
2016-03-01 | 81 | 0 | NOTICE by Apotex Inc of FIling Agreed Final Judgments (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rollo, Sherry) (Entered: 03/01/2016) |