Case details

Court: nysd
Docket #: 1:98-cv-03657
Case Name: Astra Aktiebolag, et al v. Genpharm Inc.
PACER case #: 177822
Date filed: 1998-05-21
Date terminated: 2010-06-28
Assigned to: Judge Barbara S. Jones
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Astra Aktiebolag
Plaintiff
 
Thomas L. Creel
Kaye, Scholer, Fierman, Hays & Handler, LLP
425 Park Avenue
New York, NY 10022
(212) 836-8000
LEAD ATTORNEY
Aktiebolaget Hassle
Plaintiff
 
Thomas L. Creel
(See above for address)
LEAD ATTORNEY
Astra Merck Enterprises Inc.
Plaintiff
 
Robert Louis Baechtold
Fitzpatrick, Cella, Harper & Scinto
30 Rockefeller Plaza
New York, NY 10112
(212) 758-2400
LEAD ATTORNEY
Astra Merck Inc.
Plaintiff
 
Robert Louis Baechtold
(See above for address)
LEAD ATTORNEY
Genpharm Inc.
Defendant
 
Edgar H. Haug
Frommer, Lawrence & Haug, L.L.P.
1667 K Street NW
Washington, DC 20006
212-863-2060
Fax: 212-588-0500
Email: ehaug@flhlaw.com
LEAD ATTORNEY
Genpharm Inc.
Counter Claimant
 
Edgar H. Haug
(See above for address)
LEAD ATTORNEY
Astra Aktiebolag
Counter Defendant
 
Thomas L. Creel
(See above for address)
LEAD ATTORNEY
Aktiebolaget Hassle
Counter Defendant
 
Thomas L. Creel
(See above for address)
LEAD ATTORNEY
Astra Merck Enterprises Inc.
Counter Defendant
 
Robert Louis Baechtold
(See above for address)
LEAD ATTORNEY
Astra Merck Inc.
Counter Defendant
 
Robert Louis Baechtold
(See above for address)
LEAD ATTORNEY

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1998-05-21 1 0 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 316839. (em) (Entered: 05/22/1998)
1998-05-21 2 0 Rule 1.9 certificate filed by Astra Merck Enterprises Inc. and Astra Merck Inc. (em) (Entered: 05/22/1998)
1998-05-21 3 0 Rule 1.9 certificate filed by Astra Aktiebolag and Aktiebolaget Hassle. (em) (Entered: 05/22/1998)
1998-05-22 4 0 Affidavit of service as to Genpharm Inc. by Edgar H. Haug, Agent for Service, on 5/21/98. Answer due on 6/10/98 for Genpharm Inc. (jp) (Entered: 06/01/1998)
1998-06-29 5 0 Notice of reassignment due to a Judge's Recusal to Judge Barbara S. Jones. Copy of notice and judge's rules mailed to Attorney(s) of record: Robert L. Baechtold, Thomas L. Creel. (bm) (Entered: 06/29/1998)
1998-06-26 6 0 NOTIFICATION OF CHANGE OF ADDRESS of by Astra Merck Enterp., Astra Merck Inc. (sac) (Entered: 06/30/1998)
1998-07-14 7 0 ANSWER to Complaint and COUNTERCLAIM by Genpharm Inc. (Attorney Edgar H. Haug) against Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. (sac) (Entered: 07/14/1998)
1998-07-28 8 0 STIPULATION and ORDER extending time to reply or otherwise respond to the answer and counterclaims; Response to counterclaim set for 8/31/98 ( signed by Judge Barbara S. Jones ). (lam) (Entered: 08/06/1998)
1998-08-31 9 0 REPLY by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. to [7-2] counter claim (lam) (Entered: 09/01/1998)
1998-09-22 10 0 STIPULATION for extending time (1) for pltffs to respond to deft's First Set of Discovery Requests to pltffs, and deft's First Set of Interrogatories to pltffs to 10/8/98; and (2) the time for deft to respond to pltff's Motion to Strike deft's Affirmative defenses and Counterclaims to 10/14/98 ( signed by Judge Barbara S. Jones ). Copies faxed by Chambers. (lam) (Entered: 09/24/1998)
1998-09-30 11 0 Genpharm Inc.'s Written Report regarding The Case Management Plan (ae) (Entered: 10/02/1998)
1998-09-29 12 0 Pltffs' Report regarding planning of discovery. (lam) (Entered: 10/06/1998)
1998-10-21 13 0 NOTICE OF MOTION by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. to strike deft's affiramtive defenses and counterclaims: (1) to strike deft's patent invalidity defenses ; (2) to strike the allegations of patent unenforceability due to inequitable conduct ; and (3) to strike the allegations of patent misuse . Return date not indicated. (lam) Modified on 03/09/2000 (Entered: 03/09/2000)
1998-10-21 14 0 MEMORANDUM OF LAW by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. in support of [13-1] motion to strike deft's patent invalidity defenses, [13-2] motion to strike the allegations of patent unenforceability due to inequitable conduct, [13-3] motion to strike the allegations of patent misuse (lam) (Entered: 03/09/2000)
1998-10-21 15 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to [13-1] motion to strike deft's patent invalidity defenses, [13-2] motion to strike the allegations of patent unenforceability due to inequitable conduct, [13-3] motion to strike the allegations of patent misuse (lam) (Entered: 03/09/2000)
1998-10-21 16 0 REPLY MEMORANDUM by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. re: in further support of [13-1] motion to strike deft's patent invalidity defenses, [13-2] motion to strike the allegations of patent unenforceability due to inequitable conduct, [13-3] motion to strike the of patent misuse (lam) (Entered: 03/09/2000)
1998-11-06 17 0 STIPULATION extending time for deft to respond to pltffs' discovery requests; reset answers to interrogatories due for 11/30/98 ; reset response to request for production of documents due for 11/30/98 ( signed by Judge Barbara S. Jones ). Copies faxed by Chambers. (lam) (Entered: 11/10/1998)
1998-12-15 18 0 ORDER, that this matter is consolidated with docket #98cv8094 ( signed by Judge Barbara S. Jones ); Copies mailed (lam) (Entered: 12/16/1998)
1999-04-09 19 0 STIPULATED PROTECTIVE ORDER ON CONFIDENTIALITY, regarding procedures that will govern the handling of confidential discovery and other materials during the course of these proceedings. (signed by Judge Barbara S. Jones) (djc) (Entered: 04/09/1999)
1999-05-11 20 0 ORDER, depositions of fact discovery shall be completed by 12/15/99 ; expert discovery shall be complete by 2/1/00; the parties are directed to confer with each other prior to the noticing of depositions in order to make every effort to avoid duplication of depositions in other related cases (signed by Judge Barbara S. Jones ); Copies faxed by Chambers. Sent copy to data quality analyst. (lam) (Entered: 05/18/1999)
1999-05-18 21 0 NOTICE of Filing by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. of copies of documents submitted to the Clerk of the Judicial Panel on Multidistrict Litigation. Copies are of the following documents: Motion for Transfer of the Omeprazole Patents Actions Pursuant to 28 USC Sec. 1407, with required Schedule Memorandum in Support of Motion for Transfer of the Omeprazole Patents Actions Pursuant to 28 USC Sec. 1407; Exhibits in Support of Motion for Transfer of the Omeprazole Patents Actions Pursuant to 28 USC Sec. 1407; and Proof of Service. (emil) Modified on 06/02/1999 (Entered: 06/02/1999)
1999-06-14 22 0 Copy of RESPONSE by Genpharm Inc. to pltffs Motion to Transfer. (lam) Modified on 06/23/1999 (Entered: 06/23/1999)
1999-06-14 23 0 Copy of MEMORANDUM by Genpharm Inc. in opposition to pltffs' Motion for transfer and consolidation. (lam) (Entered: 06/23/1999)
1999-06-16 24 0 Copy of REPLY MEMORANDUM by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. re: Genpharm Inc.'s [23-1] memorandum in opposition, [22-1] motion response; and in support of its Motion for transfer purs to 28 U.S.C. 1407. (lam) (Entered: 06/23/1999)
1999-06-16 25 0 Copy of RESPONSE by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. to Kudco's Counterdesignation of Averments made in Kudco's response to Astra's Motion for transfer of the Omerprazole Patents Actions purs to 28 U.S.C. 1407. (lam) (Entered: 06/23/1999)
1999-06-18 26 0 Copy of Kudco's opposition to Astra's Motion for transfer of the Omerprazole Patents Actions purs to 28 U.S.C. 1407. (lam) (Entered: 06/23/1999)
1999-06-18 27 0 Copy of DECLARATION of Mark D. Schuman, counsel for Kudco in support their [26-1] opposition to pltff's motion for transfer of the Omeprzole Patents Actions purs to 28 U.S.C. 1407. (lam) (Entered: 06/23/1999)
1999-06-18 28 0 Copy of Kudco's RESPONSE to the averments made in Astra's Motion for transfer fot eh Omerprazole Patents Actions purs to 28 U.S.C. 1407. (lam) (Entered: 06/23/1999)
1999-08-16 29 0 CERTIFIED TRUE COPY OF MDL REMAND ORDER FROM THE MDL PANEL Pursuant to the order of the Judicial Panel on Multidistrict Litigation dated August 12, 1999, the cases listed in the appendix to this order are hereby remanded to the Transferor Courts (S.D.N.Y.) shown in the appendix subject to the following terms and conditions. (em) (Entered: 09/01/1999)
1999-09-27 30 0 ORDER, that the parties appear for a conference with the Court on 9/28/99 @4:30pm; before 9/25/99, the parties are to confer and attempt to resolve any disputes concerning the consolidation, scheduling and conduct of discovery; the parties are to submit to the Court by 9/25/99, papers not exceeding 3 pages apiece which identifies any issues or disputes which the Court should address at the 9/28/99 conference; the parties are to submit by 9/25/99 a joint proposed management plan for the scheduling of discovery; if the parties cannot agree to a joint proposed management plan, each party shall submit by 9/25/99, its own management plan for the Court's consideration ( signed by Judge Barbara S. Jones ); Copies mailed. (lam) (Entered: 09/28/1999)
2000-01-03 31 0 Transcript of record of proceeding before Judge Barbara S. Jones on 11/19/99. (kw) (Entered: 01/04/2000)
2000-02-04 32 0 Transcript of record of telephonic conference call before Judge Barbara S. Jones for the date(s) of 12/3/99 @10:00am. (lam) (Entered: 02/04/2000)
2000-03-08 33 0 MEMORANDUM OPINION & ORDER #83589, withdrawing pltffs' [13-1] motion to strike deft's patent invalidity defenses; granting only insofar as the words "includes at least" are striken [3-2] motion to strike the allegations of patent unenforceability due to inequitable conduct; granting w/o prejudice [13-3] motion to strike the allegations of patent misuse ( signed by Judge Barbara S. Jones ); Copies mailed. (lam) Modified on 03/10/2000 (Entered: 03/09/2000)
2000-03-15 34 0 SEALED DOCUMENT placed in vault. (da) (Entered: 03/16/2000)
2000-03-15 35 0 SEALED DOCUMENT placed in vault. (da) (Entered: 03/16/2000)
2000-03-27 36 0 SEALED DOCUMENT placed in vault. (da) (Entered: 03/28/2000)
2000-10-30 37 0 MEMORANDUM OF by Genpharm Inc. in opposition to Astra's motion to limit the trial testimony of defts' legal experts. (sn) (Entered: 11/01/2000)
2000-12-08 38 0 SEALED DOCUMENT placed in vault. (af) (Entered: 12/11/2000)
2000-12-11 39 0 SEALED DOCUMENT placed in vault. (af) (Entered: 12/14/2000)
2000-12-27 40 0 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/28/2000)
2000-12-27 41 0 SEALED DOCUMENT as to Genpharm Inc. (afo) (Entered: 12/29/2000)
2000-12-27 42 0 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/29/2000)
2000-12-27 43 0 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/29/2000)
2000-12-27 44 0 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/29/2000)
2000-12-27 45 0 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/29/2000)
2000-12-27 46 0 SEALED DOCUMENT placed in vault. (afo) (Entered: 01/02/2001)
2001-01-05 47 0 SEALED DOCUMENT placed in vault. (da) (Entered: 01/08/2001)
2001-01-05 48 0 SEALED DOCUMENT placed in vault. (da) (Entered: 01/08/2001)
2000-12-27 49 0 SEALED DOCUMENT placed in vault. (af) (Entered: 01/22/2001)
2001-04-26 50 0 SEALED DOCUMENT placed in vault. (rp) (Entered: 05/01/2001)
2001-05-02 51 0 Transcript of record of proceedings before Judge Barbara S. Jones on 3/16/01. (kw) Modified on 05/02/2001 (Entered: 05/02/2001)
2001-05-02 52 0 Transcript of record of proceedings before Judge Barbara S. Jones on 3/16/01. (kw) (Entered: 05/02/2001)
2001-05-07 53 0 SEALED DOCUMENT placed in vault. (rp) (Entered: 05/08/2001)
2001-05-30 54 0 Transcript of record of proceedings of terephonic conference call before Judge Barbara S. Jones for the date(s) of 4/17/01 @10:00am. (lam) (Entered: 05/30/2001)
2001-06-06 55 0 SEALED DOCUMENT placed in vault. (rp) (Entered: 06/06/2001)
2001-06-06 56 0 SEALED DOCUMENT placed in vault. (rp) (Entered: 06/06/2001)
2001-06-15 57 0 SUPPLEMENTAL RULE 1.9 CERTIFICATE filed by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. (cd) Modified on 06/18/2001 (Entered: 06/18/2001)
2001-07-23 58 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 07/24/2001)
2001-08-07 59 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 08/07/2001)
2001-08-13 60 0 SEALED DOCUMENT placed in vault. (rp) (Entered: 08/14/2001)
2001-08-31 61 0 NOTICE OF MOTION (FILED ON SERVICE DATE) by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. for an order striking deft Genpharm, Inc.'s demand for a trial by jury in 98 cv 3657, and 98 cv 8094, on the grounds that the issues raised by the pleadings and the remedies sought by pltffs Astra and deft Genpharm are purely equitable . No return date indicated. Proposed order attached. (sn) (Entered: 09/04/2001)
2001-08-31 62 0 DECLARATION of Rachel A. Nguyen by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. in support of [61-1] motion for an order striking deft Genpharm, Inc.'s demand for a trial by jury in 98 cv 3657, and 98 cv 8094, on the grounds that the issues raised by the pleadings and the remedies sought by pltffs Astra and deft Genpharm are purely equitable. (sn) (Entered: 09/04/2001)
2001-08-31 63 0 MEMORANDUM OF LAW by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. in support of [61-1] motion for an order striking deft Genpharm, Inc.'s demand for a trial by jury in 98 cv 3657, and 98 cv 8094, on the grounds that the issues raised by the pleadings and the remedies sought by pltffs Astra and deft Genpharm are purely equitable. (sn) (Entered: 09/04/2001)
2001-10-01 64 0 OPPOSITION BRIEF by Genpharm Inc., to re: [61-1] motion for an order striking deft Genpharm, Inc.'s demand for a trial by jury in 98 cv 3657, and 98 cv 8094, on the grounds that the issues raised by the pleadings and the remedies sought by pltffs Astra and deft Genpharm are purely equitable. (Rec. in the night deposit box on 10/1/01). (kw) (Entered: 10/05/2001)
2001-10-01 65 0 DECLARATION of Christian M. Smolizza by Genpharm Inc. in support of Re: [64-1] opposition memorandum. (Rec. in the night deposit box on 10/1/01). (kw) (Entered: 10/05/2001)
2001-10-15 66 0 REPLY MEMORANDUM by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. re: [61-1] motion for an order striking deft Genpharm, Inc.'s demand for a trial by jury in 98 cv 3657, and 98 cv 8094, on the grounds that the issues raised by the pleadings and the remedies sought by pltffs Astra and deft Genpharm are purely equitable (cd) (Entered: 10/16/2001)
2001-11-05 67 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001)
2001-11-05 68 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001)
2001-11-05 69 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001)
2001-11-05 70 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001)
2001-11-06 71 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001)
2001-11-05 72 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001)
2001-11-13 73 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/13/2001)
2001-11-12 74 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/13/2001)
2001-11-12 75 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/13/2001)
2001-11-19 76 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/19/2001)
2001-11-19 77 0 DECLARATION of Robert Shaw, M.D. (kw) (Entered: 11/20/2001)
2001-11-26 78 0 Memo-Endorsement on letter addressed to Judge Jones from Errol B. Taylor, dated 11/26/01; Motion for reconsideration of its Order of this morning to account for the fact that Astra will not present a case in chief on validity and could not reasonably know now the full extent of this case in response to defendants case in invalidity is denied ; Just as defendants must identify their witnesses in defense of the plaintiff's infringement claims Astra must identify its witnesses in defense of the defendants' invalidity claims ; ( signed by Judge Barbara S. Jones ); Copies mailed. (djc) (Entered: 11/28/2001)
2001-11-29 79 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/30/2001)
2001-11-30 80 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 11/30/2001)
2001-12-03 81 0 SEALED DOCUMENT placed in vault. (wv) Modified on 12/04/2001 (Entered: 12/04/2001)
2001-12-03 82 0 SEALED DOCUMENT placed in vault. (wv) Modified on 12/04/2001 (Entered: 12/04/2001)
2001-12-03 83 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/04/2001)
2001-12-03 84 0 NOTICE OF MOTION (FILED ON SERVICE DATE) by Genpharm Inc. and KUDCo for an order in limine , to preclude Astra from now asserting the doctrine of equivalents against KUDCo and Genpharm , or in the alternative to exclude expert testimony by Astra's expert witnesses regarding infringement under the doctrine of equivalents . No Return date indicated. (db) Modified on 12/05/2001 (Entered: 12/05/2001)
2001-12-03 85 0 NOTICE OF MOTION (FILED ON SERVICE DATE) by Genpharm Inc. and KUDCo for an order in limine to exclude all evidence relating to Astra's willfulness allegations and the Axcan shipment, including without limitation Astra's designated testimony and proposed trial exhibits , and a separate trial regarding willfulness and infringement under 35 U.S.C. 271(a) . No Return date indicated. (db) (Entered: 12/05/2001)
2001-12-03 86 0 NOTICE OF MOTION by Astra Aktiebolag in limine for an order precluding Kudco from contesting validity of any kind ofthe patents-in-suit and renewed motion to strike Kudco's invalidity defenses and counterclaims and supporting memorandum . Return date not indicated. (filed on service date) Exhibits attached. (bai) (Entered: 12/06/2001)
2001-12-03 87 0 NOTICE OF MOTION by Astra Aktiebolag in limine . Return date 6/10/98. (bai) (Entered: 12/06/2001)
2001-12-03 88 0 NOTICE OF MOTION by Astra Aktiebolag for an order precluding defendants from introducing as evidence, referring to or relying on at trial any evidence relating to the decisions of foreign courts or foreign patent offices regarding foreing patents or patent applications that correspond to the U.S. patents of Astra that are involved in this litigation . Return date not indicated. (filed on service date). (bai) (Entered: 12/06/2001)
2001-12-04 89 0 MEMORANDUM OF LAW by Astra Aktiebolag in support of [88-1] motion for an order precluding defendants from introducing as evidence, referring to or relying on at trial any evidence relating to the decisions of foreign courts or foreign patent offices regarding foreing patents or patent applications that correspond to the U.S. patents of Astra that are involved in this litigation . (bai) (Entered: 12/06/2001)
2001-12-03 90 0 NOTICE OF MOTION by Astra Aktiebolag in limine for an order precluding the KUDCo defendantsfrom introducing as evidence, referring to or relying on at trial proposed trial exhibits K153 and K154 . Return date not indicated. (filed on service date) (bai) (Entered: 12/06/2001)
2001-12-03 91 0 NOTICE OF MOTION by Astra Aktiebolag in limine for an order to preclude defendant Genpharm, Inc. and its experts from introducing, referring to or relying on at trial any evidence relating to Dr. Story's Internet search for the term "core", any evidence relating to any of the references in that search, any evidence relating to Dr. Story's personal interception of the term "core", or any evidence relating to Dr. Story's opinion of what one ordinary skill in the art understands by the term "core" . Return date not indicated. (filed on service date). (bai) (Entered: 12/06/2001)
2001-12-03 92 0 NOTICE OF MOTION by Astra Aktiebolag in limine for an order precluding defendants or their experts from introducing as evidence, referring to, or relying on at trial writings entitled "Shin-Etsu USP Hydroxypropyl Methylcellulose Pharmacoat"; "Aqueous Polymetric Coatings for Pharmaceutical Dosage Forms"; "FMC Aquateric case history 2" . Return date not indicated. (filed on service date). Exhibits attached . (bai) (Entered: 12/06/2001)
2001-12-03 93 0 NOTICE OF MOTION by Astra Aktiebolag in limine for an order precluding defendants from introducing as evidence, referring to, or relying on at trialevidence related to allegations of invalidity for failure to comply with 35 U.S.C. 112, which requires that a patent include an adequate description of the evidence . Return date not indicated. (filed on service date) . (bai) (Entered: 12/06/2001)
2001-12-06 94 0 REPLY MEMORANDUM by Genpharm Inc., KUDCo's in support [85-1] motion for an order in limine to exclude all evidence relating to Astra's willfulness allegations and the Axcan shipment, including without limitation Astra's designated testimony and trial exhibits, [85-2] motion a separate trial regarding willfulness and infringement under 35 U.S.C. 271(a), or in the alternative to exclude expert testimony by Astra's expert witnesses regarding infringement under the doctrine of equivalents (db) (Entered: 12/07/2001)
2001-12-06 95 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/10/2001)
2001-12-11 96 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/11/2001)
2001-12-11 97 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/12/2001)
2001-12-18 98 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/18/2001)
2001-12-18 99 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/18/2001)
2001-12-14 100 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to Plaintiffs' Motion in Limine to Preclude Defendants from Introducing or Relying on Uncertified Translations of Foreign Language Documents. (djc) (Entered: 12/19/2001)
2001-12-18 101 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to [93-1] motion in limine for an order precluding defendants from introducing as evidence, referring to, or relying on at trialevidence related to allegations of invalidity for failure to comply with 35 U.S.C. 112, which requires that a patent include an adequate description of the evidence. Received in night deposit box on 12/18/01 at 5:36 p.m. (db) (Entered: 12/19/2001)
2001-12-18 102 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to Astra's motion in limine to preclude introduction of documents dated after the relevant dates that contain hearsay about the "prior art". Received in night deposit box on 12/18/01 at 5:36 p.m. (db) (Entered: 12/19/2001)
2001-12-19 103 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/20/2001)
2001-12-18 104 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to [91-1] motion in limine for an order to preclude defendant Genpharm, Inc. and its experts from introducing, referring to or relying on at trial any evidence relating to Dr. Story's Internet search for the term "core", any evidence relating to any of the references in that search, any evidence relating to Dr. Story's personal interception of the term "core", or any evidence relating to Dr. Story's opinion of what one ordinary skill in the art understands by the term "core" . (db) (Entered: 12/20/2001)
2001-12-17 105 0 RESPONSE by KUDCo, Genpharm Inc., and Andrx's in opposition to [93-1] motion in limine for an order precluding defendants from introducing as evidence, referring to, or relying on at trialevidence related to allegations of invalidity for failure to comply with 35 U.S.C. 112, which requires that a patent include an description of the evidence. (ae) (Entered: 12/26/2001)
2001-12-21 106 0 REPLY MEMORANDUM by Astra Aktiebolag in support of: [93-1] motion in limine for an order precluding defendants from introducing as evidence, referring to, or relying on at trialevidence related to allegations of invalidity for failure to comply with 35 U.S.C. 112, which requires that a patent include an adequate description of the evidence (yv) (Entered: 12/27/2001)
2001-12-19 107 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to [93-1] motion in limine for an order precluding defendants from introducing as evidence, referring to, or relying on at trialevidence related to allegations of invalidity for failure to comply with 35 U.S.C. 112, which requires that a patent include an adequate description of the evidence. (kkc) (Entered: 12/28/2001)
2001-12-19 108 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to [91-1] motion in limine for an order to preclude defendant Genpharm, Inc. and its experts from introducing, referring to or relying on at trial any evidence relating to Dr. Story's Internet search for the term "core", any evidence relating to any of the references in that search, any evidence relating to Dr. Story's personal interception of the term "core", or any evidence relating to Dr. Story's opinion of what one ordinary skill in the art understands by the term "core". (kkc) (Entered: 12/28/2001)
2001-12-19 109 0 MEMORANDUM OF LAW by Genpharm Inc. in opposition to Astra's motion in limine to preclude introduction of documents dated after the relevant dates that contain hearsay about the "prior art". (kkc) (Entered: 12/28/2001)
2001-12-30 110 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 01/02/2002)
2002-01-02 111 0 REPLY MEMORANDUM by Astra Aktiebolag, Aktiebolaget Hassle in Support of Astra's Motion in Limine to Preclude Testimony of Astra Executives. (yv) Modified on 01/04/2002 (Entered: 01/04/2002)
2002-01-02 112 0 REPLY MEMORANDUM by Astra Aktiebolag re: its motion in limine to preclude introduction of documents dated after the relevant dates that contain hearsay about the "Prior Act" (cd) (Entered: 01/07/2002)
2002-01-02 113 0 REPLY MEMORANDUM by Astra Aktiebolag re: its motion in limine to preclude Genpharm from offering expert evidence (l) on which it provided no discovery and (2) which is based on the wrong standard and hence is irrelevant (cd) (Entered: 01/07/2002)
2002-01-02 114 0 REPLY MEMORANDUM by Astra Aktiebolag re: our motion in limine to preclude Cheminor from introducing evidence relating to belatedly produed lab reports (cd) (Entered: 01/07/2002)
2002-01-02 115 0 REPLY MEMORANDUM by Astra Aktiebolag re: its motion in limine to preclude Andrx from offering evidence not identified in accordance with 35 USC Sec 282 (cd) (Entered: 01/07/2002)
2002-01-03 116 0 REPLY MEMORANDUM by Astra Aktiebolag re: its motin in limine to limit each deft to offering as prior art the evidence it identified in its expert reports and in response to contention interrogatories (cd) (Entered: 01/07/2002)
2002-01-14 117 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 01/14/2002)
2002-01-14 118 0 Letter filed addressed to Judge Jones from Brian T. Moriarty, dated 1/11/02, re: request to offer exhibits. (db) (Entered: 01/18/2002)
2002-01-22 119 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 01/22/2002)
2002-01-23 120 0 Letter filed by defendants (Cheminor and Schein) addressed to Judge Jones from David J. Novack, dated 1/11/02, re: admission into evidence of two deposition transcripts. (bai) Modified on 01/25/2002 (Entered: 01/25/2002)
2002-01-23 121 0 Letter filed by defendants Cheminor addressed to Judge Jones from David J. Novack, dated 1/11/02, re: the use of a deposition. (bai) (Entered: 01/25/2002)
2002-01-28 122 0 SEALED DOCUMENT placed in vault. (js) (Entered: 01/28/2002)
2002-02-13 123 0 SEALED DOCUMENT placed in vault. (js) (Entered: 02/13/2002)
2002-02-13 124 0 SEALED DOCUMENT placed in vault. (js) (Entered: 02/13/2002)
2002-02-15 125 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 02/19/2002)
2002-02-19 126 0 RESPONSE by Astra Aktiebolag, Astra Merck Enterp., Astra Merck Inc. to Andrx's February 15, 2002 Letter Motion and Kudco's Motion in Limine to Preclude Astra from Offering Dr. Davies' Testimony and Evidence Beyond the Scope of Proper Rebuttal. (yv) (Entered: 02/21/2002)
2002-02-20 127 0 MEMORANDUM OF LAW by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. in opposition to Genpharm's offer of proof regarding the authenticity and admissibility of four shin-etsu pamphlets and the book "coating of Drugs". (kkc) (Entered: 02/21/2002)
2002-02-21 128 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 02/21/2002)
2002-01-30 129 0 Letter filed by Astra Aktiebolag addressed to Judge Jones from Errol B. Taylor, dated 1/21/02; counsel writes to respond to the 1/11/02 request of Cheminor to admit four exhibits. (kkc) (Entered: 02/25/2002)
2002-02-25 130 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 02/25/2002)
2002-02-25 132 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 02/26/2002)
2002-02-26 133 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 02/26/2002)
2002-02-26 134 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 02/27/2002)
2002-02-26 135 0 NOTICE OF MOTION (FILED ON SERVICE DATE) by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., and Astra Merck Inc. for an order to sequester defendants' experts during testimony of other defendants' experts because the testimony is duplicative ; for an order to preclude cumulative testimony by experts on the same alleged "Prior Art" references . No return date. (kw) (Entered: 02/27/2002)
2002-02-26 136 0 DECLARATION of Joshua I. Rothman by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., and Astra Merck Inc. in support of Re: [135-1] motion for an order to sequester defendants' experts during testimony of other defendants' experts because the testimony is duplicative, and [135-2] motion for an order to preclude cumulative testimony by experts on the same alleged "Prior Art" references. (kw) (Entered: 02/27/2002)
2002-02-25 137 0 REPLY by Astra Merck Enterp., Astra Merck Inc. Re: Genpharm's Memorandum in Opposition to Astra 's Renewed Motion in Limine to Limit Offering as Prior Art with Respect to the '505 and '230 Patents Invalidity Evidence Identified in Expert Reports and Answers to Contention Interrogatories. (yv) (Entered: 02/27/2002)
2002-02-22 138 0 RENEWAL NOTICE OF MOTION IN LIMINE (filed on service date) by Astra Merck Enterp., Astra Merck Inc. for an Order limiting Defendants to properly disclosed and discovered evidence of anticipation or obviousness with respect to U.S. Patent Nos. 4,786,505 and 4,853,230 . Return date not indicated. (yv) (Entered: 02/28/2002)
2002-03-05 139 0 SEALED DOCUMENT placed in vault. (js) (Entered: 03/05/2002)
2002-02-26 140 0 REPLY MEMORANDUM OF LAW by Astra Aktiebolag, Astra Merck Enterp., Astra Merck Inc. in support of [135-1] motion for an order to sequester defendants' experts during testimony of other defendants' experts because the testimony is duplicative, [135-2] motion for an order to preclude cumulative by experts on the same alleged "Prior Art" references. (jco) (Entered: 03/06/2002)
2002-03-07 141 0 SEALED DOCUMENT placed in vault. (js) (Entered: 03/07/2002)
2002-03-07 142 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 03/07/2002)
2002-03-07 143 0 RESPONSE by Astra Aktiebolag Re: [0-1] order regarding opposition to deft Cheminor's motion in limine (bai) (Entered: 03/08/2002)
2002-03-08 144 0 NOTICE OF MOTION (FILED ON SERVICE DATE) by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. for an order under Rule 52(c) for judgement as matter of law regarding validity of claims 3,5,6,9 and 12 of U.S. Patent No. 4,786,505 and Memorandum in Support . No Return date indicated. (db) (Entered: 03/15/2002)
2002-03-11 145 0 RESPONSE by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. to Genpharm's Motion to Preclude Dr. Langer from testifying on opinions and theories not previously disclosed in his expert reports or dispositions. (db) (Entered: 03/15/2002)
2002-03-15 146 0 Letter filed by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., and Astra Merck Inc. addressed to Judge Jones from John D. Carlin, dated 3/11/02, re: advising the Court that Astra is renewing its prior motion to limit the testimony of defendants' patent law experts. (kw) (Entered: 03/19/2002)
2002-03-19 147 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 03/20/2002)
2002-03-19 148 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 03/20/2002)
2002-03-20 149 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 03/20/2002)
2002-03-20 150 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 03/20/2002)
2002-03-20 151 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 03/20/2002)
2002-03-11 152 0 NOTICE OF MOTION (FILED ON SERVICE DATE) by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. to exclude new evidence offered in support of "up-to-date" and "TC5" after the parties rested . No Return date indicated. (db) (Entered: 03/21/2002)
2002-03-27 153 0 NOTICE OF MOTION (filed on service date) by Astra Aktiebolag precluding defendants from relying on previously undisclosed opinions of Dr. Story , to strike from the record Dr. Story's testimony regarding those opinions . Return date 5/8/02. Declaration of David M. Conca, Esq. in support attached. (bai) (Entered: 04/01/2002)
2002-03-29 154 0 MEMORANDUM OF LAW by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. in support of its motion to preclude defendants from introducing into evidence or relying on post-ANDA filing activities as evidence of a lack of inducement or, in the alternative, to compel defendants to comply with FRCP 26(e) concerning the duty to supplement discovery. (bai) (Entered: 04/02/2002)
2002-03-29 155 0 DECLARATION of Rachael Nguyen, Esq. by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. in support Re: [154-1] support memorandum . (bai) (Entered: 04/02/2002)
2002-03-29 156 0 Objection by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., and Astra Merck Inc. to the admission of certain alleged "Astra's admissions" improperly offered into evidence on 3/8/02. (kw) (Entered: 04/02/2002)
2002-03-29 157 0 OPPOSITION BRIEF by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., and Astra Merck Inc. to re: [0-1] motion for an Order to admit the Hagers handbook prior art reference. (kw) (Entered: 04/02/2002)
2002-04-02 158 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 04/03/2002)
2002-04-01 159 0 REPLY by Astra Aktiebolag, Astra Merck Enterp., Astra Merck Inc. in support Re: [153-1] motion precluding defendants from relying on previously undisclosed opinions of Dr. Story, [153-2] motion to strike from the record Dr. Story's testimony regarding those opinions (bai) (Entered: 04/03/2002)
2002-04-03 160 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 04/03/2002)
2002-04-05 161 0 Objection(s) by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. to evidence or deposition counter-designations concerning phase I. (db) (Entered: 04/08/2002)
2002-04-08 162 0 SUR-REPLY MEMORANDUM by Genpharm Inc. in opposition to re: [153-1] motion precluding defendants from relying on previously undisclosed opinions of Dr. Story, [153-2] motion to strike from the record Dr. Story's testimony regarding those opinions. (kw) (Entered: 04/10/2002)
2002-04-12 163 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 04/12/2002)
2002-04-15 164 0 SEALED DOCUMENT placed in vault. (js) (Entered: 04/16/2002)
2002-04-17 165 0 SEALED DOCUMENT placed in vault. (wv) (Entered: 04/17/2002)
2002-04-12 166 0 Astra's objection to Andrx's April 2, 2002 offer of proof. (kw) (Entered: 04/17/2002)
2002-04-09 167 0 MEMORANDUM OF LAW by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. in opposition to Andrx's Motion to compel discovery from plaintiff Astra Concerning CKD. (jco) (Entered: 04/17/2002)
2002-04-25 168 0 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Genpharm Inc. Exhibits attached in second binder. (db) (Entered: 04/29/2002)
2002-04-22 169 0 Post-Trial Submission Relating to Validity of U.S. Patent NO. 5,093,342 by Astra Aktiebolag, Aktiebolaget Hassle, KBI-E, Inc and AstraZeneca, LP. (djc) (Entered: 04/30/2002)
2002-05-10 170 0 Request to file a sur-reply filed by Astra Aktiebolag. Re: support of Astra's objection to Andrex's offer of proof . (bai) (Entered: 05/16/2002)
2002-05-22 171 0 Memo-Endorsement on letter addressed to Judge Jones from Errol B. Taylor, dated 5/17/02; granting the plaintiffs request that the Court direct the Court Reporter (Southern District Reportes, P.C.) to revise the transcripts pursuant to the attached errata, with the added notation "First Revision" on each transcript's cover . ( by Judge Barbara S. Jones ); Copies mailed. (pl) (Entered: 05/24/2002)
2002-10-21 172 0 SEALED DOCUMENT placed in vault. (js) (Entered: 10/24/2002)
2002-10-21 173 0 SEALED DOCUMENT placed in vault. (js) (Entered: 10/24/2002)
2002-10-23 174 0 Memo-Endorsement on letter addressed to Judge Jones from Errol B. Taylor, dated 10/21/02. Parties request an extension of time of one day to 10/22/02 to submit to the Court a proposed judgment. Application is granted. ( signed by Judge Barbara S. Jones ) (sb) (Entered: 10/28/2002)
2002-10-24 175 0 SEALED DOCUMENT placed in vault. (js) (Entered: 10/29/2002)
2002-10-29 176 0 SEALED DOCUMENT placed in vault. (js) (Entered: 10/30/2002)
2002-10-30 177 0 SEALED DOCUMENT placed in vault. (js) (Entered: 10/30/2002)
2002-10-30 178 0 SEALED DOCUMENT placed in vault. (js) (Entered: 10/30/2002)
2002-11-18 179 0 ORDER; Astra's November 7, 2002 letter is accepted. The time for filing motions seeking attorneys' fees and costs in this action is stayed pending appeal ; ( signed by Judge Barbara S. Jones ); (djc) (Entered: 11/19/2002)
2002-11-20 180 0 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT by Genpharm Inc. from [0-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Fitzpatrick, Cella, Harper & Scinto, Solomon, Zauderer, Ellenhorn, Frischer & Sharp, Budd, Larner, Gross, Rosenbaum & Sade and Pennie & Edmonds, LLP. $105.00 Appeal filing fee paid 11/20/02 on receipt # E 0457035. (dt) (Entered: 11/25/2002)
2002-12-06 181 0 NOTICE OF CROSS-APPEAL to the US COURT OF APPEALS FOR THE FEDERAL CIRCUIT, from the final judgment entered in this action on November 6, 2002, and from all opinions, orders, and rulings subsumed therein or made prior thereto. by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterp., Astra Merck Inc. Copies of notice of appeal mailed to Attorney(s) Frommer, Lawrence & Haug, LLP. $105.00 APPEAL FILING FEE PAID ON 12/6/02, RECEIPT # E 0458839. (pr) Modified on 12/06/2002 (Entered: 12/06/2002)
2003-06-30 182 0 Case closed administratively Pursuant to Memorandum From the Administrative Office of the United States Courts, Dated June 15th, 1973. (rag) (Entered: 06/30/2003)
2004-02-19 183 0 MANDATE of USCA FOR THE FEDERAL CIRCUIT (Certified Copy) as to 180 Notice of Appeal, filed by Genpharm Inc., 181 Notice of Cross Appeal, filed by Astra Aktiebolag, Aktiebolaget Hassle, Astra Merck Enterprises Inc., Astra Merck Inc. USCA Case Number 03-1101, 03-1102, 03-1103, 03-1104, 03-1105, 03-1106, 03-1131, 03-1132, 03-1133, 03-1134, 03-1135, 03-1136, 03-1171, 03-1172, 03-1173. THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS ORDERED AND ADJUDGED AFFIRMED. HORBALY, Clerk USCA. Issued As Mandate: 2/6/04. (pr, ) (Entered: 02/19/2004)
2004-05-19 184 0 Genpharm's Opposition to Plaintiff Astra's Notice of Application to the to clerk to tax costs. (sac, ) (Entered: 05/24/2004)
2004-06-14 185 0 REPLY to Astra's Memorandum Demonstrating that (1) it is the prevailing party against Cheminor, Genpharm and Andrx and (2) Taxation of Costs against Andrx is ripe. Document filed by Genpharm Inc.. (jp, ) (Entered: 06/18/2004)
2004-09-08 186 0 REPLY re: 161 Objection (non-motion), 185 Reply. Document filed by Genpharm Inc.. (sac, ) (Entered: 09/13/2004)
2010-06-28 187 0 OPINION AND ORDER: For the foregoing reasons, Plaintiffs' Application is GRANTED as against Genpharm to the extent set forth in this Opinion. Plaintiffs are directed to submit to the Clerk of Court a revised application to tax costs against Genpharm reflecting the Court's rulings within thirty (30) days of this Opinion. The Clerk of Court is directed to close the two Genpharm actions: 98 Civ. 3657 and 98 Civ. 8094. (Signed by Judge Barbara S. Jones on 6/28/2010) (jpo) (Entered: 06/28/2010)
2010-09-01 188 0 ORDER On June 28, 2010, the Court granted Plaintiffs' Application to Tax Costs against Defendant to the extent set forth in the Court's Opinion. The Court further directed Plaintiffs to submit to the Clerk of Court a revised application to tax costs against Defendant reflecting the Court's rulings within thirty days. On July 7, 2010, Plaintiffs submitted a Revised Application to Tax Costs against Defendant (the "Revised Application") in the amount of $52,960.82. Defendant has not submitted any opposition to the Revised Application. The Court has reviewed the Revised Application and finds that it is consistent with the Court's June 28, 2010 Opinion. Therefore, the Clerk of Court is directed to tax Plaintiffs' costs recoverable as the prevailing party in this action in the amount of $52,960.82 against Defendant. SO ORDERED (Signed by Judge Barbara S. Jones on 9/1/2010) Filed In Associated Cases: 1:98-cv-03657-BSJ, 1:98-cv-08094-BSJ(jmi) Modified on 9/15/2010 (jmi). (Entered: 09/02/2010)
2010-09-08 189 0 ORDER. Defendants' motion to vacate and amend the Judgment Clerk's denial of Defendants' Bill of Costs is GRANTED to the extent set forth in this Order. Defendants are ordered to submit to the Court a revised Bill of Costs that is consistent with this Order by October 1, 2010. Astra's objections to the revised Bill of Costs, if any, must be filed by October 15, 2010. Defendants' reply, if any, must be filed by October 22, 2010. Relates to M21-81, 98-3657, 98-8094. Entered as Doc. No. 1335 in Case No. M21-81. (Signed by Judge Barbara S. Jones on 9/4/10) (rjm) (rjm). (Entered: 09/08/2010)
2010-10-13 190 0 BILL OF COSTS docketed as Judgment #10,1776 on 10/13/2010 in favor of plaintiffs Astra Aktiebolag, et al. against defendant, Genpharm Inc. for the sum of $52,960.82.(mbe) (Entered: 10/14/2010)