Judge 
Party 
Law Firm Silvergate Pharmaceuticals, Inc. v. CMP Development LLC
1:20-cv-00161 | Delaware District Court
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Division
Wilmington
Judge
Judge Leonard P. Stark
Filed
Jan. 31, 2020
Terminated
April 8, 2021
Case Flags
CLOSED,
MEDIATION-CJB,
and
PATENT
Nature of Suit
835 Patent - Abbreviated New Drug Application (ANDA)
Cause
35:1 Patent Infringement
Jury Demand
None
Last Updated: 1 year ago
Show Interactive Timeline
| Filing Date | # | Docket Text |
|---|---|---|
| 4/8/2021 | 55 | Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 04/08/2021) |
| 4/8/2021 | SO ORDERED, re 53 Stipulation of Dismissal filed by Silvergate Pharmaceuticals, Inc., ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 4/7/21. (ntl) (Entered: 04/08/2021) | |
| 4/5/2021 | 54 | REDACTED VERSION of 53 Stipulation of Dismissal by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 04/05/2021) |
| 3/30/2021 | 53 | [SEALED] STIPULATION of Dismissal by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 03/30/2021) |
| 2/17/2021 | 52 | ORAL ORDER: At the request of counsel, IT IS HEREBY ORDERED that the Markman Hearing scheduled for June 7, 2021 and all of the related deadlines are VACATED. ORDERED by Judge Leonard P. Stark on 2/17/21. (ntl) (Entered: 02/17/2021) |
| 2/17/2021 | 51 | Letter to The Honorable Leonard P. Stark from Megan E. Dellinger regarding claim construction - re 34 Scheduling Order,,. (Dellinger, Megan) (Entered: 02/17/2021) |
| 1/26/2021 | 50 | NOTICE OF SERVICE of (1) Objections and Responses to Defendant CMP Development LLC's First Set of Requests for Production of Documents (Nos. 1-53); and (2) Objections and Responses to Defendant CMP Development LLC's First Set of Interrogatories (Nos. 1-10) filed by Silvergate Pharmaceuticals, Inc..(Dellinger, Megan) (Entered: 01/26/2021) |
| 1/19/2021 | 49 | NOTICE OF SERVICE of Defendant CMP Development LLCs Initial Invalidity Contentions filed by CMP Development LLC.(Farnan, Kelly) (Entered: 01/19/2021) |
| 12/17/2020 | 48 | NOTICE OF SERVICE of (1) Defendant's First Set of Interrogatories to Plaintiff (Nos. 1-10) and (2) Defendant's First Set of Requests for Production of Documents to Plaintiff (Nos. 1-53) filed by CMP Development LLC.(Delcollo, Renee) (Entered: 12/17/2020) |
| 12/14/2020 | 47 | NOTICE OF SERVICE of (1) Defendants Responses to Plaintiffs First Set of Interrogatories (Nos. 1-10) and (2) Defendants Responses to Plaintiffs First Set of Requests for Production (Nos. 1-64) filed by CMP Development LLC.(Farnan, Kelly) (Entered: 12/14/2020) |
| 12/3/2020 | 46 | NOTICE OF SERVICE of Plaintiff's Initial Infringement Claim Charts filed by Silvergate Pharmaceuticals, Inc..(Dellinger, Megan) (Entered: 12/03/2020) |
| 10/30/2020 | 45 | NOTICE OF SERVICE of (1) Plaintiff Silvergate Pharmaceuticals, Inc.'s First Set of Requests for Production (Nos. 1-64) and (2) Plaintiff Silvergate Pharmaceuticals, Inc.'s First Set of Common Interrogatories (Nos. 1-10) filed by Silvergate Pharmaceuticals, Inc..(Dellinger, Megan) (Entered: 10/30/2020) |
| 10/22/2020 | 44 | REDACTED VERSION of 43 Answer to Counterclaim by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 10/22/2020) |
| 10/15/2020 | 43 | [SEALED] ANSWER to 37 Amended Answer to Complaint, Counterclaim by Silvergate Pharmaceuticals, Inc..(Dellinger, Megan) (Entered: 10/15/2020) |
| 10/9/2020 | SO ORDERED, re 41 Stipulated Protective Order. Signed by Judge Leonard P. Stark on 10/9/20. (ntl) (Entered: 10/09/2020) | |
| 10/9/2020 | SO ORDERED, re 42 MOTION for Pro Hac Vice Appearance of Attorney James P.H. Stephens filed by Silvergate Pharmaceuticals, Inc.. Signed by Judge Leonard P. Stark on 10/9/20. (ntl) (Entered: 10/09/2020) | |
| 10/8/2020 | 42 | MOTION for Pro Hac Vice Appearance of Attorney James P.H. Stephens - filed by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 10/08/2020) |
| 10/8/2020 | 41 | PROPOSED ORDER Protective Order by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 10/08/2020) |
| 10/1/2020 | 40 | REDACTED VERSION of 38 Exhibit to a Document by CMP Development LLC. (Farnan, Kelly) (Entered: 10/01/2020) |
| 9/30/2020 | 39 | NOTICE OF SERVICE of (1) Initial Disclosures Pursuant to Rule 26(a)(1), and (2) Plaintiff Silvergate Pharmaceuticals, Inc.'s Initial Identification of Asserted Patents and Accused Products filed by Silvergate Pharmaceuticals, Inc..(Dellinger, Megan) (Entered: 09/30/2020) |
| 9/24/2020 | 38 | [SEALED] SEALED EXHIBIT re 37 Amended Answer to Complaint, Counterclaim Exhibits A through P by CMP Development LLC. (Attachments: # 1 Exhibit A-P)(Farnan, Kelly) (Entered: 09/24/2020) |
| 9/24/2020 | 37 | AMENDED ANSWER to 7 Answer to Complaint, Counterclaim, COUNTERCLAIM against Silvergate Pharmaceuticals, Inc. by CMP Development LLC. (Farnan, Kelly) (Entered: 09/24/2020) |
| 9/24/2020 | SO ORDERED, re 33 STIPULATION and Proposed Order Regarding Amended Answer and Counterclaims filed by CMP Development LLC. Signed by Judge Leonard P. Stark on 9/22/20. (ntl) (Entered: 09/24/2020) | |
| 9/24/2020 | 36 | ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 9/24/2020. (dlb) (Entered: 09/24/2020) |
| 9/24/2020 | CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) (Entered: 09/24/2020) | |
| 9/23/2020 | 35 | ORAL ORDER: IT IS HEREBY ORDERED that the teleconference scheduled for September 25 is CANCELLED. ORDERED by Judge Leonard P. Stark on 9/23/20. (ntl) (Entered: 09/23/2020) |
| 9/23/2020 | 34 | SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 8/19/2021. Status Report due by 7/9/2021. Joint Claim Construction Brief due by 5/24/2021. A Markman Hearing is set for 6/7/2021 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 1/18/2022. A Final Pretrial Conference is set for 1/28/2022 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A 4-day Bench Trial is set for 2/7/2022 at 08:30 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 9/23/20. (ntl) (Entered: 09/23/2020) |
| 9/22/2020 | 33 | STIPULATION and Proposed Order Regarding Amended Answer and Counterclaims re 7 Answer to Complaint, Counterclaim by CMP Development LLC. (Attachments: # 1 Exhibit A-1st Amended Answer with CCs, # 2 Exhibit B-Lined Version)(Farnan, Kelly) (Entered: 09/22/2020) |
| 9/21/2020 | 32 | PROPOSED ORDER Revised Scheduling Order by Silvergate Pharmaceuticals, Inc.. (Attachments: # 1 Letter to Judge Stark)(Dellinger, Megan) (Entered: 09/21/2020) |
| 9/11/2020 | 31 | ORAL ORDER: Having reviewed the parties' proposed scheduling order (D.I. 27; see also D.I. 27-1), and recognizing that some time has passed since it was submitted, IT IS HEREBY ORDERED that the parties shall submit a revised proposed scheduling order no later than September 21, 2020. The Court will hold a scheduling teleconference on September 25, 2020 at 2:00 p.m. The parties shall use the following dial-in information: 877-336-1829 and the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/11/20. (ntl) (Entered: 09/11/2020) |
| 9/10/2020 | 30 | NOTICE OF SERVICE of Plaintiff Silvergate Pharmaceuticals, Inc.'s Initial Disclosures Pursuant to the Delaware Default Standard for Discovery, Paragraph 3 filed by Silvergate Pharmaceuticals, Inc..(Dellinger, Megan) (Entered: 09/10/2020) |
| 8/17/2020 | 29 | NOTICE OF SERVICE of Defendant CMP Development LLCs Core Technical Documents filed by CMP Development LLC.(Delcollo, Renee) (Entered: 08/17/2020) |
| 8/14/2020 | 28 | NOTICE OF SERVICE of (1) Defendant CMP Development LLCs Initial Disclosures Pursuant to the Delaware Default Standard Paragraph 3 and (2) Defendant CMP Development LLCs Initial Disclosures Under Fed. R. Civ.P. 26(a)(1) filed by CMP Development LLC.(Farnan, Kelly) (Entered: 08/14/2020) |
| 7/31/2020 | 27 | PROPOSED ORDER [Proposed] Scheduling Order by Silvergate Pharmaceuticals, Inc.. (Attachments: # 1 Letter to The Honorable Leonard P. Stark)(Dellinger, Megan) (Entered: 07/31/2020) |
| 7/28/2020 | 26 | Official Transcript of Telephonic Oral Argument held on July 23, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/18/2020. Redacted Transcript Deadline set for 8/28/2020. Release of Transcript Restriction set for 10/26/2020. (bpg) (Entered: 07/28/2020) |
| 7/23/2020 | 25 | ORAL ORDER: For the reasons set forth by the Court during the July 23, 2020 hearing, IT IS HEREBY ORDERED that Defendant CMP Development LLC's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) (D.I. 15) is DENIED, and the parties shall meet and confer and, no later than July 31, 2020 submit a proposed scheduling order. ORDERED by Judge Leonard P. Stark on 7/23/20. (ntl) (Entered: 07/23/2020) |
| 7/23/2020 | Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 7/23/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 07/23/2020) | |
| 7/6/2020 | 24 | ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument by teleconference on the motion for judgment on the pleadings on July 23, 2020 beginning at 2:30 p.m. Each side will be allocated up to thirty (30) minutes to present its argument. Any party wishing to refer to slides or other materials shall provide a copy to the Court no later than 4:00 p.m. the day before the hearing. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 7/6/20. (ntl) (Entered: 07/06/2020) |
| 7/1/2020 | 23 | REDACTED VERSION of 21 Reply Brief by CMP Development LLC. (Farnan, Kelly) (Entered: 07/01/2020) |
| 6/24/2020 | 22 | REQUEST for Oral Argument by CMP Development LLC re 15 MOTION for Judgment on the Pleadings . (Farnan, Kelly) (Entered: 06/24/2020) |
| 6/24/2020 | 21 | [SEALED] SEALED REPLY BRIEF re 15 MOTION for Judgment on the Pleadings filed by CMP Development LLC. (Farnan, Kelly) (Entered: 06/24/2020) |
| 6/24/2020 | 20 | REDACTED VERSION of 19 Answering Brief in Opposition, by Silvergate Pharmaceuticals, Inc.. (Attachments: # 1 Exhibits 1-2)(Dellinger, Megan) (Entered: 06/24/2020) |
| 6/17/2020 | 19 | [SEALED] ANSWERING BRIEF in Opposition re 15 MOTION for Judgment on the Pleadings filed by Silvergate Pharmaceuticals, Inc..Reply Brief due date per Local Rules is 6/24/2020. (Attachments: # 1 Exhibits 1-2)(Dellinger, Megan) (Entered: 06/17/2020) |
| 6/11/2020 | CORRECTING ENTRY: Corrected documents added to D.I. 16 & D.I. 18 per request of counsel. (ntl) (Entered: 06/11/2020) | |
| 6/1/2020 | SO ORDERED, re 17 STIPULATION TO EXTEND TIME to Respond to Defendant's Motion for Judgment on the Pleadings (D.I. 15) to June 17, 2020 filed by Silvergate Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 6/1/20. (ntl) (Entered: 06/01/2020) | |
| 5/28/2020 | 18 | REDACTED VERSION of 16 Opening Brief in Support by CMP Development LLC. (Attachments: # 1 Exhibit A)(Farnan, Kelly) (Main Document 18 replaced on 6/11/2020) (ntl). (Attachment 1 replaced on 6/11/2020) (ntl). (Entered: 05/28/2020) |
| 5/27/2020 | 17 | STIPULATION TO EXTEND TIME to Respond to Defendant's Motion for Judgment on the Pleadings (D.I. 15) to June 17, 2020 - filed by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 05/27/2020) |
| 5/20/2020 | 16 | [SEALED] SEALED OPENING BRIEF in Support re 15 MOTION for Judgment on the Pleadings filed by CMP Development LLC.Answering Brief/Response due date per Local Rules is 6/3/2020. (Attachments: # 1 Exhibit A)(Farnan, Kelly) (Main Document 16 replaced on 6/11/2020) (ntl). (Attachment 1 replaced on 6/11/2020) (ntl). (Entered: 05/20/2020) |
| 5/20/2020 | 15 | MOTION for Judgment on the Pleadings - filed by CMP Development LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) (Entered: 05/20/2020) |
| 5/20/2020 | 14 | REDACTED VERSION of 13 Answer to Counterclaim by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 05/20/2020) |
| 5/15/2020 | 13 | [SEALED] ANSWER to 7 Answer to Complaint, Counterclaim by Silvergate Pharmaceuticals, Inc..(Dellinger, Megan) (Entered: 05/15/2020) |
| 5/13/2020 | SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Natalie J. Morgan, Christina Dashe, Talin Gordnia, and Granville C. Kaufman filed by Silvergate Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 5/13/20. (ntl) (Entered: 05/13/2020) | |
| 5/13/2020 | 12 | MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Natalie J. Morgan, Christina Dashe, Talin Gordnia, and Granville C. Kaufman - filed by Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan) (Entered: 05/13/2020) |
| 5/4/2020 | 11 | REDACTED VERSION of 8 Exhibit to a Document Exhibits A-P to CMP Developments LLC's Answer, Affirmative Defenses and Counterclaims to Complaint by CMP Development LLC. (Farnan, Kelly) (Entered: 05/04/2020) |
| 4/28/2020 | Pro Hac Vice Attorney Christopher J. Sorenson for CMP Development LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 04/28/2020) | |
| 4/28/2020 | Pro Hac Vice Attorney Daniel R. Evans for CMP Development LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 04/28/2020) | |
| 4/28/2020 | SO ORDERED, re 10 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Sorenson and Daniel R. Evans filed by CMP Development LLC. Signed by Judge Leonard P. Stark on 4/28/20. (ntl) (Entered: 04/28/2020) | |
| 4/27/2020 | 10 | MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Sorenson and Daniel R. Evans - filed by CMP Development LLC. (Farnan, Kelly) (Entered: 04/27/2020) |
| 4/24/2020 | 9 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent CMP Holding Company LLC for CMP Development LLC filed by CMP Development LLC. (Farnan, Kelly) (Entered: 04/24/2020) |
| 4/24/2020 | 8 | [SEALED] EXHIBIT re 7 Answer to Complaint, Counterclaim by CMP Development LLC. (Attachments: # 1 Exhibit A-P)(Farnan, Kelly) (Entered: 04/24/2020) |
| 4/24/2020 | 7 | ANSWER to 1 Complaint, , COUNTERCLAIM and AFFIRMATIVE DEFENSES against Silvergate Pharmaceuticals, Inc. by CMP Development LLC.(Farnan, Kelly) (Entered: 04/24/2020) |
| 4/3/2020 | 6 | SUMMONS Returned Executed by Silvergate Pharmaceuticals, Inc.. CMP Development LLC served on 4/3/2020, answer due 4/24/2020. (Dellinger, Megan) (Entered: 04/03/2020) |
| 2/5/2020 | Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 02/05/2020) | |
| 2/3/2020 | Summons Issued with Magistrate Consent Notice attached as to CMP Development LLC on 2/3/2020. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (amf) (Entered: 02/03/2020) | |
| 1/31/2020 | 5 | Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Azurity Pharmaceuticals, Inc. (aka CutisPharma Inc.) for Silvergate Pharmaceuticals, Inc. - filed by Silvergate Pharmaceuticals, Inc. (amf) (Entered: 02/03/2020) |
| 1/31/2020 | 4 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,463,183 B1; 9,616,096 B1; 9,814,751 B2; 10,039,800 B2; 10,265,370 B2; and 10,406,199 B2. (amf) (Entered: 02/03/2020) |
| 1/31/2020 | 3 | Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 12/20/2019. Date of Expiration of Patent: 11/6/2035.Thirty Month Stay Deadline: 6/20/2022. (amf) (Entered: 02/03/2020) |
| 1/31/2020 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) (Entered: 02/03/2020) |
| 1/31/2020 | 1 | COMPLAINT FOR PATENT INFRINGEMENT - filed against CMP Development LLC - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2841618) - filed by Silvergate Pharmaceuticals, Inc. (Attachments: # 1 Exhibits A-F, # 2 Civil Cover Sheet)(amf) (Entered: 02/03/2020) |
