Judge 
Party 
Law Firm Acuitas Therapeutics, Inc. et al v. CureVac SE
2:23-cv-00610 | Virginia Eastern District Court
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Division
Norfolk
Judge
District Judge Jamar K. Walker
Filed
Nov. 13, 2023
Case Flags
PATENT
Magistrate
Magistrate Judge Douglas E. Miller
Nature of Suit
830 Patent
Cause
35:256 Patent Non-Infringement
Jury Demand
None
Last Updated: 9 months ago
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| Upcoming Events | ||
|---|---|---|
5 Days
| Any objections to such disclosures shall be disclosed to all counsel and unrepresented parties not later than March 26, 2025. | Source Add |
2 Weeks
| Attorneys’ Conference A conference shall be held in the office of counsel for plaintiff or, if the plaintiff is unrepresented, at the office of counsel for the defendant whose office is located closest to the courthouse at Norfolk not later than April 8, 2025. | Source Add |
3 Weeks
| Not later than April 15, 2025, the parties shall jointly file a proposed final pretrial order to the Court. | Source Add |
5 Weeks
| Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 5/1/2025 at 11:00 AM in Norfolk before District Judge Jamar K. Walker. | Source Add |
7 Weeks
| Bench Trial set for 5/12/2025at 10:00 AM in Norfolk before District Judge Jamar K. Walker. | Source Add |
| Filing Date | # | Docket Text |
|---|---|---|
| 6/11/2024 | 51 | STIPULATION of Dismissal by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (Attachments: # 1 Proposed Order)(McFarland, Robert) (Entered: 06/11/2024) |
| 5/29/2024 | 50 | ORDER granting 49 Motion for Extension of Time to File. It is ORDERED THAT the Motion for Extension is Granted, and the parties shall have until June 11,2024, to file a dismissal order in this action. Signed by Magistrate Judge Douglas E. Miller on 5/29/2024. (Vpea) (Entered: 05/29/2024) |
| 5/28/2024 | 49 | Joint MOTION for Extension of Time to File Rule 41 Dismissal by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (Attachments: # 1 Exhibit 1 - Proposed Order)(McFarland, Robert) (Entered: 05/28/2024) |
| 5/15/2024 | 48 | ORDER granting 47 Motion for Extension of Time to File Rule 41 Dismissal. The Parties shall file an endorsed dismissal order no later than May 28, 2024. Signed by Magistrate Judge Douglas E. Miller on 5/15/24. (jhie, ) (Entered: 05/15/2024) |
| 5/14/2024 | 47 | Joint MOTION for Extension of Time to File Rule 41 Dismissal of Acuitas Therapeutics Inc. by CureVac SE. (Attachments: # 1 Proposed Order)(Erbach, John) (Entered: 05/14/2024) |
| 4/30/2024 | 45 | TRANSCRIPT of proceedings held on 4-29-2024, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/30/2024. Redacted Transcript Deadline set for 7/1/2024. Release of Transcript Restriction set for 7/29/2024.(stewart, jody) (Entered: 04/30/2024) |
| 4/29/2024 | 46 | Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Status Conference held on 4/29/2024. Proceedings:Matters came on for status conference. Counsel all present via zoom. Counsel present see attached list. A Notice of Settlement between CureVac and Acuitas was filed in both matters on April 25, 2024. The parties present the status of the cases to the Court based on this pleading. Mr. Wexler spoke on behalf of BioNTech, Mr. Groombridge spoke on behalf of Acuitas and Mr. Izraelewicz spoke on behalf of CureVac. Counsel discussed with the Court how they envision the case moving forward now that the Notice of Settlement has been filed and their positions as to how all parties are affected. The Court directed that the parties confer within the 14 day period from the 4/26/24 date of the filing of objections to the Report and Recommendation. Pfizer and BioNTech shall file a response to the objection. In the meantime, Acuitas is still in the case. The parties shall confer regarding discovery from Acuitas and getting that discovery served. The Court will rule promptly after receiving all filings. Hearing adjourned. (Attachments: # 1 List of Participating Counsel) (Court Reporter Jody Stewart, OCR.)(cdod, ) (Entered: 05/01/2024) |
| 4/26/2024 | Set Remote Hearing (CV Magistrate)Members of the public wishing to listen to remote proceedings should call the Norfolk Division at 757-222-7222 before the hearing for instructions on how to listen to the proceedings. Recording of court proceedings of any kind is prohibited. Status Conference set for 4/29/2024 at 12:00 PM in Norfolk Remote w/OCR before Magistrate Judge Douglas E. Miller. (cdod, ) (Entered: 04/26/2024) | |
| 4/25/2024 | 44 | NOTICE of Settlement by CureVac SE (Erbach, John) (Entered: 04/25/2024) |
| 4/9/2024 | 43 | ORDER granting 40 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 4/9/2024. (Walker, Jamar) (Entered: 04/09/2024) |
| 4/9/2024 | 42 | ORDER granting 39 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 4/9/2024. (Walker, Jamar) (Entered: 04/09/2024) |
| 4/9/2024 | 41 | ORDER granting 38 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 4/9/2024. (Walker, Jamar) (Entered: 04/09/2024) |
| 4/8/2024 | 40 | Motion to appear Pro Hac Vice by Saurabh Gupta and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9460602. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 04/08/2024) |
| 4/8/2024 | 39 | Motion to appear Pro Hac Vice by Ariella Barel and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9460599. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 04/08/2024) |
| 4/8/2024 | 38 | Motion to appear Pro Hac Vice by Nisha Gera and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9460591. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam (McFarland, Robert) (Entered: 04/08/2024) |
| 4/8/2024 | 37 | Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 5/1/2025 at 11:00 AM in Norfolk before District Judge Jamar K. Walker. Bench Trial set for 5/12/2025at 10:00 AM in Norfolk before District Judge Jamar K. Walker. The parties are ORDERED to schedule a settlement conference to take place not later than one week before the final pretrial conference. Signed by District Judge Jamar K. Walker on 4/8/24. (ptom, ) (Entered: 04/08/2024) |
| 4/8/2024 | Scheduling Conference - Rule 16b held on 4/8/2024. (ptom, ) (Entered: 04/08/2024) | |
| 3/15/2024 | 36 | RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 4/8/2024 at 09:30 AM in Norfolk Remote. Signed by Magistrate Judge Douglas E. Miller on 3/14/24. (ptom, ) (Entered: 03/15/2024) |
| 3/7/2024 | 35 | ORDER granting 33 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 3/7/2024. (Walker, Jamar) (Entered: 03/07/2024) |
| 3/7/2024 | 34 | ORDER granting 32 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 3/7/2024. (Walker, Jamar) (Entered: 03/07/2024) |
| 3/6/2024 | 33 | Motion to appear Pro Hac Vice by Kevin Michael Flowers and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-9400947. by CureVac SE. (Erbach, John) (Entered: 03/06/2024) |
| 3/6/2024 | 32 | Motion to appear Pro Hac Vice by Mark Harry Izraelewicz and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-9400933. by CureVac SE. (Erbach, John) (Entered: 03/06/2024) |
| 3/6/2024 | 31 | ORDER granting 29 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 3/6/2024. (Walker, Jamar) (Entered: 03/06/2024) |
| 3/5/2024 | 30 | ORDER granting 28 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 3/5/2024. (Walker, Jamar) (Entered: 03/05/2024) |
| 3/5/2024 | 29 | Motion to appear Pro Hac Vice by Izabella Natalia Carlyon Higson and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-9396899. by CureVac SE. (Erbach, John) (Entered: 03/05/2024) |
| 3/4/2024 | 28 | Motion to appear Pro Hac Vice by Daniel Gonzalez, Jr. and Certification of Local Counsel John Michael Erbach Filing fee $ 75, receipt number AVAEDC-9396455. by CureVac SE. (Erbach, John) (Entered: 03/04/2024) |
| 2/26/2024 | 27 | First Amended ANSWER to Complaint by CureVac SE.(Erbach, John) (Entered: 02/26/2024) |
| 2/26/2024 | 26 | NOTICE of Appearance by Christopher William Bascom on behalf of CureVac SE (Bascom, Christopher) (Entered: 02/26/2024) |
| 2/20/2024 | 25 | ANSWER to Complaint by CureVac SE.(Erbach, John) (Entered: 02/20/2024) |
| 1/24/2024 | 24 | Joint MOTION to Confirm Deadline to Respond to Complaint by CureVac SE. (Attachments: # 1 Proposed Order)(Erbach, John) (Entered: 01/24/2024) |
| 1/12/2024 | 23 | ORDER granting 16 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/12/2024. (Walker, Jamar) (Entered: 01/12/2024) |
| 1/11/2024 | 22 | ORDER granting 18 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/11/2024. (Walker, Jamar) (Entered: 01/11/2024) |
| 1/4/2024 | 21 | ORDER granting 15 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/4/2024. (Walker, Jamar) (Entered: 01/04/2024) |
| 1/4/2024 | 20 | ORDER granting 14 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/4/2024. (Walker, Jamar) (Entered: 01/04/2024) |
| 1/4/2024 | 19 | ORDER granting 13 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/4/2024. (Walker, Jamar) (Entered: 01/04/2024) |
| 12/22/2023 | 18 | Motion to appear Pro Hac Vice by Josephine Young and Certification of Local Counsel Robert W. McFarland by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 12/22/2023) |
| 12/22/2023 | Notice of Correction re 17 Motion to appear Pro Hac Vice by Josephine Young and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9279948. There are multiple Pro Hac Vice motions attached. A separate motion should be filed for each applicant under a separate document number, and a filing fee must be paid for each applicant. Local counsel should re-file the motions and pay any remaining filing fees. (tlev, ) (Entered: 12/22/2023) | |
| 12/21/2023 | 17 | Motion to appear Pro Hac Vice by Josephine Young and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9279948. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 12/21/2023) |
| 12/21/2023 | 16 | Motion to appear Pro Hac Vice by Eric Stone and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9279942. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 12/21/2023) |
| 12/21/2023 | 15 | Motion to appear Pro Hac Vice by Nicholas Groombridge and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9279936. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 12/21/2023) |
| 12/21/2023 | 14 | Motion to appear Pro Hac Vice by Chih-wei Wu and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9279923. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 12/21/2023) |
| 12/21/2023 | 13 | Motion to appear Pro Hac Vice by Allison C. Penfield and Certification of Local Counsel Robert W. McFarland Filing fee $ 75, receipt number AVAEDC-9279903. by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 12/21/2023) |
| 12/6/2023 | 12 | ORDER granting 3 Motion to Seal AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 12/6/23. (jhie, ) (Entered: 12/06/2023) |
| 11/29/2023 | MOTIONS REFERRED to Magistrate Judge: Miller. 3 MOTION to file Under Seal (afar) (Entered: 11/29/2023) | |
| 11/28/2023 | Case transferred in from Richmond Division. Case Number 3:23cv764. (afar) (Entered: 11/29/2023) | |
| 11/28/2023 | 11 | ORDER- This matter comes before the Court sua sponte. Upon due consideration, the Court finds it in the interest of judicial efficiency to reassign this case. The Clerk is DIRECTED to transfer this case to the Norfolk Division. Judge Jamar K. Walker is currently assigned a related case, BioNTech SE v. Cure Vac SE, 2:23cv222. Accordingly, the Clerk is DIRECTED to directly assign this matter to Judge Walker. Signed by District Judge M. Hannah Lauck on 11/28/2023. (adun, ) (Entered: 11/28/2023) |
| 11/28/2023 | 10 | MOTION to Transfer Case and Unapposed Memo in Support by Acuitas Therapeutics, Inc., Michael Hope, Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 11/28/2023) |
| 11/28/2023 | 9 | WAIVER OF SERVICE Returned Executed by Paulo Lin, Acuitas Therapeutics, Inc., Ying Tam, Michael Hope, Barbara Mui. CureVac SE waiver sent on 11/28/2023, answer due 2/26/2024. (McFarland, Robert) (Entered: 11/28/2023) |
| 11/14/2023 | Case reassigned to District Judge M. Hannah Lauck. District Judge Roderick C. Young no longer assigned to the case. (jsmi, ) (Entered: 11/14/2023) | |
| 11/14/2023 | 8 | ORDER that the undersigned hereby RECUSES himself from all further proceedings in this case in accordance with 28 U.S.C. § 455(a). The Clerk is DIRECTED to randomly reassign this case to another United States District Judge. Signed by District Judge Roderick C. Young on 11/14/2023. (jsmi, ) (Entered: 11/14/2023) |
| 11/14/2023 | 7 | Report on the filing or determination of an action. (adun, ) (Entered: 11/14/2023) |
| 11/14/2023 | Case transferred in from Norfolk Division, Case Number 2:23cv567. (jsmi, ) (Entered: 11/14/2023) | |
| 11/13/2023 | 6 | Financial Interest Disclosure Statement (Local Rule 7.1) by Acuitas Therapeutics, Inc., Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 11/13/2023) |
| 11/13/2023 | 5 | Unredacted Document by Acuitas Therapeutics, Inc., Paulo Lin, Barbara Mui, Ying Tam. (Attachments: # 1 Exhibit Ex. A - US11241493, # 2 Exhibit Ex. B - US11471525, # 3 Exhibit Ex. C - US11576966, # 4 Exhibit Ex. D - US11596686)(McFarland, Robert) (Entered: 11/13/2023) |
| 11/13/2023 | 4 | Memorandum in Support re 3 MOTION to file Under Seal Inventorship Complaint filed by Acuitas Therapeutics, Inc., Paulo Lin, Barbara Mui, Ying Tam. (Attachments: # 1 Proposed Order)(McFarland, Robert) (Entered: 11/13/2023) |
| 11/13/2023 | 3 | MOTION to file Under Seal by Acuitas Therapeutics, Inc., Paulo Lin, Barbara Mui, Ying Tam. (McFarland, Robert) (Entered: 11/13/2023) |
| 11/13/2023 | 2 | Notice of Under Seal Filing LCvR5 (B) by Acuitas Therapeutics, Inc., Paulo Lin, Barbara Mui, Ying Tam (McFarland, Robert) (Entered: 11/13/2023) |
| 11/13/2023 | 1 | Complaint Public Version ( Filing fee $ 402, receipt number AVAEDC-9216699.), filed by Paulo Lin, Acuitas Therapeutics, Inc., Ying Tam, Barbara Mui. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Ex. A- US11241493, # 3 Exhibit Ex. B- US11471525, # 4 Exhibit Ex. C - US11576966, # 5 Exhibit Ex. D - US11596686)(McFarland, Robert) (Entered: 11/13/2023) |
