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Mylan Institutional LLC et al v. Aurobindo Pharma Ltd et al

2:16-cv-00491 | Texas Eastern District Court

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Division Marshall
Judge Judge Robert W. Schroeder, III
Filed May 11, 2016
Terminated Aug. 1, 2017
Magistrate Magistrate Judge Roy S. Payne
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Demand Both
Patents 7,662,992, 8,969,616, and 9,353,050
Last Updated: 7 years, 7 months ago Show Interactive Timeline
Filing Date # Docket Text
8/2/2017Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (slo, ) (Entered: 08/02/2017)
8/1/2017
  • Motion to Dismiss (Demurrer)Granted
ORDER GRANTING JOINT MOTION TO DISMISS AND STIPULATION. All claims, defenses, and counterclaims between Plaintiffs and Defendants are dismissed WITH prejudice. Signed by Magistrate Judge Roy S. Payne on 8/1/2017. (slo, ) (Entered: 08/02/2017)
7/31/2017
  • Motion to Dismiss (Demurrer)by Π
Joint SEALED MOTION TO DISMISS AND STIPULATION by Mylan Institutional LLC. (Attachments:
# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 07/31/2017)
7/27/2017MANDATE of USCA-FEDERAL CIRCUIT in accordance with the judgment entered May 19, 2017, as to 126 Notice of Appeal - FEDERAL CIRCUIT filed by Aurobindo Pharma Ltd, AuroMedics Pharma LLC, Aurobindo Pharma USA Inc. (dlc, ) (Entered: 07/27/2017)
7/21/2017
  • Order
ORDER granting 181 Sealed Patent Motion to Stay All Deadlines. (All deadlines in the Docket Control Order, all discovery and briefing, or otherwise, is stayed ten (10) calendar days from issuance of this Order.) Signed by Magistrate Judge Roy S. Payne on 7/21/2017. (slo, ) (Entered: 07/21/2017)
7/19/2017Joint SEALED PATENT MOTION to Stay and Notice of Settlement by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Attachments:
# 1 Email,
# 2 Text of Proposed Order)(Jones, Michael) (Entered: 07/19/2017)
7/19/2017***FILED IN ERROR, PER ATTORNEY. Document # 179,. PLEASE IGNORE. Attorney has refiled. See Document 180 ***

(slo, ) (Entered: 07/19/2017)
7/18/2017
  • Answerby Π
SEALED PATENT DOCUMENT, Corrected CounterclaimDefendants' Answer to Counterclaim-Plaintiffs' Counterclaims. (Allen, Aden) (Entered: 07/18/2017)
7/18/2017 ** FILED IN ERROR, PER ATTORNEY. PLEASE IGNORE. **SEALED PATENT DOCUMENT - CounterclaimDefendants' Answer to Counterclaim-Plaintiffs' Counterclaims. (Allen, Aden) Modified on 7/19/2017 (slo, ). (Entered: 07/18/2017)
7/14/2017
  • Motion to Dismiss (Demurrer)
REPLY to Response to Motion re 165 MOTION to Dismiss for Improper Venue or to Transfer filed by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Jones, Michael) (Entered: 07/14/2017)
7/13/2017
  • Order
ORDER appointing technical advisor. (Dr. Brent Bellows appointed as technical advisor in this case. ) Signed by Magistrate Judge Roy S. Payne on 7/13/2017. (slo, ) (Entered: 07/14/2017)
7/6/2017
  • Motion to Dismiss (Demurrer)by Π
SEALED RESPONSE to Motion re 165 MOTION to Dismiss for Improper Venue or to Transfer filed by Apicore US LLC, Mylan Institutional LLC. (Attachments:
# 1 Exhibit A,
# 2 Exhibit B,
# 3 Exhibit C,
# 4 Exhibit D,
# 5 Exhibit E,
# 6 Text of Proposed Order)(Smith, Melissa) (Entered: 07/06/2017)
7/6/2017AMENDED AGREED DOCKET CONTROL ORDER re 173 Joint MOTION to Amend/Correct 118 Order, Terminate Motions, Scheduling Order. (Pretrial Conference set for 3/20/2018 09:00 AM in Mag Ctrm (Marshall) before Magistrate Judge Roy S. Payne, Amended Pleadings due by 8/30/2017, Jury Selection set for 4/16/2018 09:00 AM in Marshall Courthouse before Judge Robert W. Schroeder III, Markman Hearing set for 9/19/2017 09:00 AM in Mag Ctrm (Marshall) before Magistrate Judge Roy S. Payne, Motions due by 3/5/2018, Proposed Pretrial Order due by 3/12/2018.) Signed by Magistrate Judge Roy S. Payne on 7/6/2017. (slo, ) (Entered: 07/06/2017)
7/5/2017
  • Answer
SEALED PATENT DOCUMENT - Defendants' Second Amended Answer and Counterclaims to the First Amended Complaint for Patent Infringement. (Attachments:
# 1 Ex. A - '992 patent,
# 2 Ex. B - '616 patent,
# 3 Ex. C - '050 patent,
# 4 Ex. D - Tharial Depo Trans,
# 5 Ex. E - ILA - ISB notes,
# 6 Ex. F - API-AUR 05100,
# 7 Ex. G - API-AUR 07879,
# 8 Ex. H - Gibson-ISB 0290,
# 9 Ex. I - Gibson Depo Trans,
# 10 Ex. J - '992 File Wrapper and Contents,
# 11 Ex. K - Electronic Patent App Fee Transmittal,
# 12 Ex. L - '616 File Wrapper and Contents)(Jones, Michael) (Entered: 07/05/2017)
7/5/2017Joint MOTION to Amend/Correct 118 Order, Terminate Motions, Scheduling Order,,, by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Attachments:
# 1 Amended Agreed Docket Control Order)(Jones, Michael) (Entered: 07/05/2017)
6/30/2017SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re 162 SEALED PATENT MOTION for Leave to Serve Amended Invalidity Contentions filed by Apicore US LLC, Mylan Institutional LLC. (Smith, Melissa) (Entered: 06/30/2017)
6/27/2017SEALED Joint Patent Rule 4-3, Claim Construction and Prehearing Statement. (Attachments:
# 1 Exhibit A,
# 2 Exhibit B,
# 3 Exhibit C,
# 4 Exhibit D,
# 5 Exhibit E)(Smith, Melissa) (Entered: 06/27/2017)
6/27/2017
  • Motion to Extend Time to File ResponseGranted
ORDER granting 169 Motion for Extension of Time to File Response/Reply. (Plaintiffs deadline to respond to Defendants Motion to Dismiss for Improper Venue or to Transfer is extended up to and including July 6, 2017.) Signed by Magistrate Judge Roy S. Payne on 6/27/2017. (slo, ) (Entered: 06/27/2017)
6/26/2017
  • Motion to Extend Time to File Responseby Π
Unopposed MOTION for Extension of Time to File Response/Reply as to 165 MOTION to Dismiss for Improper Venue or to Transfer by Apicore US LLC, Mylan Institutional LLC. (Attachments:
# 1 Text of Proposed Order)(Phillips, Anna) (Entered: 06/26/2017)
6/23/2017SEALED PATENT REPLY to Response to PATENT Motion re 162 SEALED PATENT MOTION for Leave to Serve Amended Invalidity Contentions filed by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Attachments:
# 1 Ahn Declaration,
# 2 Exhibit A - Subpoena to Metro Legal)(Jones, Michael) (Entered: 06/23/2017)
6/15/2017
  • Responseby Π
SEALED RESPONSE to Motion re 162 SEALED PATENT MOTION for Leave to Serve Amended Invalidity Contentions filed by Apicore US LLC, Mylan Institutional LLC. (Attachments:
# 1 Affidavit S. Sedghani,
# 2 Exhibit Ex. 01,
# 3 Ex. 02,
# 4 Ex. 03-1,
# 5 Ex. 03-2,
# 6 Ex. 04,
# 7 Ex. 05,
# 8 Ex. 06,
# 9 Ex. 07,
# 10 Ex. 08,
# 11 Ex. 09,
# 12 Ex. 10,
# 13 Ex. 11,
# 14 Ex. 12,
# 15 Text of Proposed Order)(Smith, Melissa) (Entered: 06/15/2017)
6/14/2017NOTICE by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc. re 165 MOTION to Dismiss for Improper Venue or to Transfer of Supplemental Authority (Attachments:
# 1 Ex. A - Stuebing v. Gavronsky)(Jones, Michael) (Entered: 06/14/2017)
6/12/2017
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss for Improper Venue or to Transfer by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Attachments:
# 1 Ex. A - Cobalt Boats Opinion,
# 2 Order granting Motion to Dismiss,
# 3 Order granting Motion to Transfer)(Jones, Michael) (Entered: 06/12/2017)
6/2/2017
  • Motion to FileGranted
ORDER granting 163 Unopposed MOTION for Leave to File the Declarations of John Doe and Dr. James Roe for In Camera Inspection Only filed by Aurobindo Pharma Ltd, AuroMedics Pharma LLC, Aurobindo Pharma USA Inc. Signed by Magistrate Judge Roy S. Payne on 6/2/2017. (slo, ) (Entered: 06/02/2017)
6/1/2017
  • Motion to File
Unopposed MOTION for Leave to File the Declarations of John Doe and Dr. James Roe for In Camera Inspection Only by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Attachments:
# 1 John Doe - submitted for In Camera,
# 2 Dr. James Roe - submitted for In Camera,
# 3 Text of Proposed Order)(Jones, Michael) (Entered: 06/01/2017)
6/1/2017 SEALED PATENT MOTION for Leave to Serve Amended Invalidity Contentions by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Attachments:
# 1 Declaration of G. Yu,
# 2 Ex. A - Defendants' Amended Invalidity Contentions,
# 3 Ex. B - Defendants' Initial Invalidity Contentions,
# 4 Ex. C - Feb. 23, 1979 Sigma to FDA letter,
# 5 Ex. D - March 5, 1979 Sigma to Hirsch letter,
# 6 Ex. E - Alexsam v. Evolution,
# 7 Text of Proposed Order)(Jones, Michael) (Entered: 06/01/2017)
5/26/2017
  • Answer
AMENDED ANSWER to 12 Amended Complaint, by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc.. (Jones, Michael) (Entered: 05/26/2017)
5/19/2017NOTICE OF ENTRY OF USCA-FEDERAL CIRCUIT JUDGMENT ACCOMPANIED BY OPINION affirming the District Court as to 126 Notice of Appeal - FEDERAL CIRCUIT filed by Aurobindo Pharma Ltd, AuroMedics Pharma LLC, Aurobindo Pharma USA Inc. The mandate will be issued in due course. Decided: May 19, 2017. Circuit Judges: Lourie, Moore, and Reyna. (Attachments:
# 1 USCA-Federal Circuit Opinion,
# 2 Rehearing Info Sheet,
# 3 Supreme Court Info Sheet)(dlc, ) (Entered: 05/19/2017)
5/15/2017NOTICE of Attorney Appearance - Pro Hac Vice by Stuart A Williams on behalf of Mylan Institutional LLC. Filing fee $ 100, receipt number 0540-6293650. (Williams, Stuart) (Entered: 05/15/2017)
4/20/2017
  • Order
ORDER of USCA-FEDERAL CIRCUIT denying petition for writ of mandamus. (dlc, ) (Entered: 04/20/2017)
4/20/2017
  • Order
ORDER of USCA-FEDERAL CIRCUIT denying the motion to file petition for writ of mandamus under seal. Petitioners are directed to file corrected confidential and nonconfidential versions of their petition within 7 days. Issued: April 20, 2017. (dlc, ) (Entered: 04/20/2017)
4/6/2017ACKNOWLEDGMENT OF RECEIPT on 4/6/17 by USCA-Federal Circuit as to 101 Report and Recommendations, 155 Amended Notice of Appeal - PATENT CASE, 139 Order, 154 Order, 122 Order Adopting Report and Recommendations, and certified copy of Docket Sheet. (dlc, ) (Entered: 04/10/2017)
4/6/2017Transmission of Amended Notice of Appeal, 154 Order, 139 Order, 122 Order, 101 Report & Recommendation, and certified copy of Docket Sheet to US Court of Appeals, Federal Circuit by separate email. re 155 Amended Notice of Appeal - FEDERAL CIRCUIT (dlc, ) (Entered: 04/06/2017)
4/5/2017AMENDED NOTICE OF APPEAL - PATENT CASE as to 126 Notice of Appeal - FEDERAL CIRCUIT by AuroMedics Pharma LLC, Aurobindo Pharma Ltd, Aurobindo Pharma USA Inc. (Clutter, Patrick) (Entered: 04/05/2017)
3/24/2017
  • Order
ORDER RE 138 Emergency SEALED PATENT MOTION to Expedite Entry of a Preliminary Injunction. Order is effective immediately and shall remain in effect until further order of this Court dissolving the Preliminary Injunction. Signed by Judge Robert W. Schroeder, III on 3/24/2017. (slo, ) (Entered: 03/24/2017)
3/10/2017
  • Order
ORDER of USCA-FEDERAL CIRCUIT denying motion for emergency stay. The appellees are directed to file paper versions of brief contemporaneously with their filing of the electronic version of the brief. The appellants are directed to file paper versions of the reply brief and joint appendix contemporaneously with the electronic filing of those documents. Oral argument on the merits will be held on April 10, 2017 at 10am. Issued: March 10, 2017. (dlc, ) (Entered: 03/10/2017)
3/10/2017SEALED PATENT DOCUMENT. REPLY IN SUPPORT OF 145 NOTICE OF SUPPLEMENT TO EMERGENCY MOTION TO EXPEDITE ENTRY OF A PRELIMINARY INJUNCTION AND JOINT SUBMISSION REGARDING PRELIMINARY INJUNCTION ORDER (Attachments:
# 1 Exhibit 1,
# 2 Exhibit 2,
# 3 Exhibit 3,
# 4 Exhibit Supplemental Declaration of Heather Paton,
# 5 Exhibit Paton Decl. Ex. A,
# 6 Exhibit Supplemental Declaration of Ravishanker Kovi,)(Smith, Melissa) (Entered: 03/10/2017)
3/8/2017
  • Order
ORDER of USCA-FEDERAL CIRCUIT denying motion to file under seal. The documents previously offered under seal will remain confidential and thus not viewable by the public. Within 7 days of the date of this order, the appellants are directed to file corrected confidential and nonconfidential versions of their response to the motion to stay and their response to the motion to expedite as to 126 Notice of Appeal - FEDERAL CIRCUIT filed by Aurobindo Pharma Ltd, AuroMedics Pharma LLC, Aurobindo Pharma USA Inc. Issued: March 8, 2017. (dlc, ) (Entered: 03/08/2017)
3/7/2017SEALED PATENT RESPONSE by Aurobindo Pharma USA Inc., Aurobindo Pharma Ltd, AuroMedics Pharma LLC to 145 Sealed Document - Response to Plaintiffs' Notice of Supplement to Plaintiffs' Emergency Motion to Expedite Entry of a Preliminary Injunction and Joint Submission regarding Preliminary Injunction Order, filed by Aurobindo Pharma USA Inc., Aurobindo Pharma Ltd, AuroMedics Pharma LLC. (Attachments:
# 1 Exhibit A - Email from Michael Kopp,
# 2 Fedele Declaration,
# 3 Exhibit 1 - March-Dec 2016 Net Sales,
# 4 Exhibit 2 - Bloomberg news article,
# 5 Exhibit 3 - Email from Mark Fedele,
# 6 Exhibit 4 - Letter to Cardinal)(Jones, Michael) (Entered: 03/07/2017)
3/7/2017
  • Order
ORDER of USCA-FEDERAL CIRCUIT ordering Mylan Institutional LLC and Apicore US LLC to respond to the petition for a writ of mandamus within 10 days from the date of filing of this order. Any reply must be received within five days from the date of filing of the response. Issued: March 7, 2017. (dlc, ) (Entered: 03/07/2017)
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