Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc.

1:24-cv-00018 | Delaware District Court

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Division Wilmington
Judge Judge Jennifer L. Hall
Filed Jan. 9, 2024
Case Flags PATENT
Nature of Suit 840 Trademark
Cause 15:1125 Trademark Infringement (Lanham Act)
Jury Demand Plaintiff
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  • 4/8/2025
IT IS HEREBY ORDERED that the in-person Rule 16 Scheduling Conference set for March 28, 2025 is RESCHEDULED for April 8, 2025 at 1:00 PM in Courtroom 6D before Judge Hall.
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Filing Date # Docket Text
3/28/2025Letter
3/25/2025SO ORDERED
3/24/2025Stipulation to EXTEND Time
3/24/2025Counterclaim, Answer to Complaint
3/24/2025SO ORDERED
3/20/2025Stipulation to EXTEND Time
3/13/2025~Util - Set Deadlines, SO ORDERED
3/11/2025SO ORDERED
3/10/2025-District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment
3/10/2025Appear Pro Hac Vice
3/7/2025Stipulation to EXTEND Time
2/26/202544ORAL ORDER: At the request of counsel, IT IS HEREBY ORDERED that the in-person Rule 16 Scheduling Conference set for March 28, 2025 is RESCHEDULED for April 8, 2025 at 1:00 PM in Courtroom 6D before Judge Hall. Ordered by Judge Jennifer L. Hall on 2/26/2025. (ceg) (Entered: 02/26/2025)
2/20/2025SO ORDERED, re 43 Stipulation and Order to Extend Time to move, plead, or otherwise respond to the Complaint to March 24, 2025. (*Reset Answer Deadlines: Teva Pharmaceuticals U.S.A., Inc. answer due 3/24/2025). Ordered by Judge Jennifer L. Hall on 2/20/2025. (ceg) (Entered: 02/20/2025)
2/18/2025 STIPULATION TO EXTEND TIME to move, plead, or otherwise respond to the Complaint to March 24, 2025 - filed by Teva Pharmaceuticals U.S.A., Inc.. (Hoeschen, Nathan) (Entered: 02/18/2025)
2/6/2025MEMORANDUM ORDER: IT IS HEREBY ORDERED that Defendant's Motion (D.I. 33 ) is DENIED. IT IS FURTHER ORDERED that, within 30 days, the parties shall jointly prepare and file a proposed Scheduling Order and letter. An in-person Rule 16 Scheduling Conference shall be held on March 28, 2025, at 10:00 a.m. in Courtroom 6D. (*See Order for details). Signed by Judge Jennifer L. Hall on 2/6/2025. (ceg) (Entered: 02/06/2025)
4/1/2024 Letter to The Honorable Jennifer L. Hall from Nathan R. Hoeschen regarding Requesting Oral Argument - re 33 MOTION to Dismiss for Failure to State a Claim . (Hoeschen, Nathan) (Entered: 04/01/2024)
3/22/2024 REPLY BRIEF re 33 MOTION to Dismiss for Failure to State a Claim filed by Teva Pharmaceuticals U.S.A., Inc.. (Attachments: # 1 Exhibit A)(Hoeschen, Nathan) (Entered: 03/22/2024)
3/13/2024SO ORDERED, re 39 Stipulation and Order to Extend the Deadline for Defendant to File its Reply Brief in Support if its Motion to Dismiss to March 22, 2024. (*Reset Briefing Schedule re 33 Motion to Dismiss: Reply Brief due 3/22/2024). Ordered by Judge Jennifer L. Hall on 3/13/2024. (ceg) (Entered: 03/13/2024)
3/13/2024 STIPULATION and [Proposed] Order to Extend the Deadline for Defendant to File its Reply Brief in Support if its Motion to Dismiss to March 22, 2024, by Teva Pharmaceuticals U.S.A., Inc. (Russell, Andrew) Modified on 3/13/2024 (ceg). (Entered: 03/13/2024)
3/8/2024 ANSWERING BRIEF in Opposition re 33 MOTION to Dismiss for Failure to State a Claim filed by Vanda Pharmaceuticals Inc..Reply Brief due date per Local Rules is 3/15/2024. (Silver, Daniel) (Entered: 03/08/2024)
2/20/2024SO ORDERED, re 37 Stipulation and Order to Extend the Deadline for Plaintiff to File its Answering Brief in Opposition to Defendant's Motion to Dismiss to March 8, 2024. (*Reset Briefing Schedule re 33 Motion to Dismiss: Answering Brief due 3/8/2024). Ordered by Judge Jennifer L. Hall on 2/20/2024. (ceg) (Entered: 02/20/2024)
2/20/2024 STIPULATION TO EXTEND TIME the Deadline for Plaintiff to File its Answering Brief In Opposition to Defendant's Motion to Dismiss Under Rule 12(b)(6) to March 8, 2024 - filed by Vanda Pharmaceuticals Inc.. (Silver, Daniel) (Entered: 02/20/2024)
2/16/2024Pro Hac Vice Attorneys John C. Rozendaal, Monica R. Talley, and Chandrika Vira for Teva Pharmaceuticals U.S.A., Inc. 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. (mpb) (Entered: 02/16/2024)
2/16/2024SO ORDERED, re 35 Motion for Pro Hac Vice Appearance of Attorney John Christopher Rozendaal, Monica R. Talley and Chandrika Vira filed by Teva Pharmaceuticals U.S.A., Inc. Ordered by Judge Jennifer L. Hall on 2/16/2024. (ceg) (Entered: 02/16/2024)
2/16/202436Pro Hac Vice Fee - Credit Card Payment received for John Christopher Rozendaal,, Monica R. Talley, and Chandrika Vira. ( re 35 MOTION for Pro Hac Vice Appearance of Attorney John Christopher Rozendaal, Monica R. Talley and Chandrika Vira )( Payment of $ 150, receipt number ADEDC-4340430).(Keller, Karen) (Entered: 02/16/2024)
2/16/2024MOTION for Pro Hac Vice Appearance of Attorney John Christopher Rozendaal, Monica R. Talley and Chandrika Vira - filed by Teva Pharmaceuticals U.S.A., Inc.. (Keller, Karen) (Entered: 02/16/2024)
2/9/2024 OPENING BRIEF in Support re 33 MOTION to Dismiss for Failure to State a Claim filed by Teva Pharmaceuticals U.S.A., Inc..Answering Brief/Response due date per Local Rules is 2/23/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Keller, Karen) (Entered: 02/09/2024)
2/9/2024 MOTION to Dismiss for Failure to State a Claim - filed by Teva Pharmaceuticals U.S.A., Inc.. (Attachments: # 1 Text of Proposed Order)(Keller, Karen) (Entered: 02/09/2024)
2/2/2024Pro Hac Vice Attorney Sarah P. Hogarth, Paul W. Hughes, and Charles H. Seidell for Vanda Pharmaceuticals Inc. 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. (mkr) (Entered: 02/02/2024)
2/1/2024ORAL ORDER: Having reviewed the parties' Joint Statement Pursuant to Local Rule 81.2 (D.I. 32 ), IT IS ORDERED that Defendant may re-file its Motion to Dismiss in compliance with the Delaware Local Rules on or before February 9, 2024. Ordered by Judge Jennifer L. Hall on 2/1/2024. (ceg) (Entered: 02/01/2024)
1/31/2024Joint STATEMENT Pursuant to Local Rule 81.2 by Vanda Pharmaceuticals Inc. (Silver, Daniel) Modified on 2/1/2024 (ceg). (Entered: 01/31/2024)
1/31/2024SO ORDERED, re 30 Motion for Pro Hac Vice Appearance of Attorney Paul W. Hughes, Sarah P. Hogarth, and Charles Seidell filed by Vanda Pharmaceuticals Inc. Ordered by Judge Jennifer L. Hall on 1/31/2024. (ceg) (Entered: 01/31/2024)
1/31/202431Pro Hac Vice Fee - Credit Card Payment received for Paul W. Hughes, Sarah P. Hogarth, and Charles Seidell. ( re 30 MOTION for Pro Hac Vice Appearance of Attorney Paul W. Hughes, Sarah P. Hogarth, and Charles Seidell )( Payment of $ 150, receipt number ADEDC-4327360).(Silver, Daniel) (Entered: 01/31/2024)
1/31/2024MOTION for Pro Hac Vice Appearance of Attorney Paul W. Hughes, Sarah P. Hogarth, and Charles Seidell - filed by Vanda Pharmaceuticals Inc.. (Attachments: # 1 Certifications for Paul W. Hughes, Sarah P. Hogarth, and Charles Seidell)(Silver, Daniel) (Entered: 01/31/2024)
1/31/2024SO ORDERED, re 29 Stipulation to Extend Time to submit status report pursuant to D. Del. Local Rule 81.2 to January 31, 2024. Ordered by Judge Jennifer L. Hall on 1/31/2024. (ceg) (Entered: 01/31/2024)
1/30/2024 STIPULATION to Extend Time to submit status report pursuant to D. Del. LR 81.2 to January 31, 2024 by Teva Pharmaceuticals U.S.A., Inc. (Hoeschen, Nathan) Modified on 1/31/2024 (ceg). (Entered: 01/30/2024)
1/16/2024NOTICE of Appearance by Karen Elizabeth Keller on behalf of Teva Pharmaceuticals U.S.A., Inc. (Keller, Karen) (Entered: 01/16/2024)
1/16/2024NOTICE of Appearance by John W. Shaw on behalf of Teva Pharmaceuticals U.S.A., Inc. (Shaw, John) (Entered: 01/16/2024)
1/16/2024NOTICE of Appearance by Nathan Roger Hoeschen on behalf of Teva Pharmaceuticals U.S.A., Inc. (Hoeschen, Nathan) (Entered: 01/16/2024)
1/12/2024Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. Associated Cases: 1:23-cv-00152-JLH, 1:23-cv-00153-JLH, 1:24-cv-00018-JLH (rjb) (Entered: 01/12/2024)
1/10/2024STANDING ORDER REGARDING BRIEFING IN ALL CASES (nmf) (Entered: 01/10/2024)
1/10/2024NOTICE of Appearance by Daniel M. Silver on behalf of Vanda Pharmaceuticals Inc. (Silver, Daniel) (Entered: 01/10/2024)
1/10/2024NOTICE of Appearance by Alexandra M. Joyce on behalf of Vanda Pharmaceuticals Inc. (Joyce, Alexandra) (Entered: 01/10/2024)
1/10/2024Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) (Entered: 01/10/2024)
1/9/2024Local Counsel Letter sent via mail. Notice of Compliance deadline set for 2/8/2024. (vfm) (Entered: 01/09/2024)
1/9/2024Record of case transferred in from District of New Jersey; Case Number in Other District: 2:23-cv-00511. Copy of Docket Sheet and original file with documents numbered 1 - 20 attached (Entered: 01/09/2024)
12/26/2023ORDER granting 9 Defendant's Motion to Transfer Case to the United States District Court for the District of Delaware. The Clerk of the Court shall not transfer this case for fourteen (14) days. Signed by Magistrate Judge Jessica S. Allen on 12/26/2023. (dam) [Transferred from New Jersey on 1/9/2024.] (Entered: 12/26/2023)
12/26/2023OPINION. Signed by Magistrate Judge Jessica S. Allen on 12/26/2023. (dam) [Transferred from New Jersey on 1/9/2024.] (Entered: 12/26/2023)
8/7/2023NOTICE of Change of Address by LIZA M. WALSH (WALSH, LIZA) [Transferred from New Jersey on 1/9/2024.] (Entered: 08/07/2023)
6/5/2023REPLY BRIEF to Opposition to Motion filed by TEVA PHARMACEUTICALS USA, INC. re 9 MOTION to Transfer Case to United States District Court - District of Delaware, or to Dismiss (WALSH, LIZA) [Transferred from New Jersey on 1/9/2024.] (Entered: 06/05/2023)
5/30/2023LETTER ORDER granting Defendant's request for an extension of time until 6/5/2023 for Teva to file its reply paper in further support of its Motion to Transfer and Motion to Dismiss. Signed by Judge Michael E. Farbiarz on 5/30/2023. (sm) [Transferred from New Jersey on 1/9/2024.] (Entered: 05/31/2023)
5/25/2023Letter from Liza M. Walsh, Esq. to Honorable Michael E. Farbiarz, U.S.D.J. re: extension request. (WALSH, LIZA) [Transferred from New Jersey on 1/9/2024.] (Entered: 05/25/2023)
5/24/202314TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Michael E. Farbiarz for all further proceedings. Judge Claire C. Cecchi no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 5/24/2023. (adc, ) [Transferred from New Jersey on 1/9/2024.] (Entered: 05/24/2023)
5/15/2023BRIEF in Opposition filed by VANDA PHARMACEUTICALS INC. re 9 MOTION to Transfer Case to United States District Court - District of Delaware, or to Dismiss (QUINN, JUSTIN) [Transferred from New Jersey on 1/9/2024.] (Entered: 05/15/2023)
5/2/2023LETTER ORDER granting plaintiff's request that its deadline to respond to Defendant's Motion to Transfer and Motion to Dismiss is extended two weeks until 5/15/2023; Defendant's reply is due 5/29/2023. Signed by Judge Claire C. Cecchi on 5/2/2023. (sm) [Transferred from New Jersey on 1/9/2024.] (Entered: 05/02/2023)
4/29/2023Letter from Justin T. Quinn, Esq. to the Honorable Claire C. Cecchi, U.S.D.J. requesting the entry of a briefing schedule (on consent) re 9 MOTION to Transfer Case to United States District Court - District of Delaware, or to Dismiss . (QUINN, JUSTIN) [Transferred from New Jersey on 1/9/2024.] (Entered: 04/29/2023)
4/10/2023Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 9 MOTION to Transfer Case to United States District Court - District of Delaware, or to Dismiss . (QUINN, JUSTIN) [Transferred from New Jersey on 1/9/2024.] (Entered: 04/10/2023)
3/30/2023 MOTION to Transfer Case to United States District Court - District of Delaware, or to Dismiss by TEVA PHARMACEUTICALS USA, INC.. (Attachments: # 1 Brief in support of Defendant's Motion to Transfer and Dismiss, # 2 Declaration of Liza M. Walsh with Exhibits A-G, # 3 Text of Proposed Order)(WALSH, LIZA) [Transferred from New Jersey on 1/9/2024.] (Entered: 03/30/2023)
2/27/2023NOTICE of Appearance by LAUREN RUTH MALAKOFF on behalf of TEVA PHARMACEUTICALS USA, INC. (MALAKOFF, LAUREN) [Transferred from New Jersey on 1/9/2024.] (Entered: 02/27/2023)
2/27/2023NOTICE of Appearance by CHRISTINE INTROMASSO GANNON on behalf of TEVA PHARMACEUTICALS USA, INC. (GANNON, CHRISTINE) [Transferred from New Jersey on 1/9/2024.] (Entered: 02/27/2023)
2/27/2023NOTICE of Appearance by LIZA M. WALSH on behalf of TEVA PHARMACEUTICALS USA, INC. (WALSH, LIZA) [Transferred from New Jersey on 1/9/2024.] (Entered: 02/27/2023)
2/7/2023WAIVER OF SERVICE Returned Executed by VANDA PHARMACEUTICALS INC.. (QUINN, JUSTIN) [Transferred from New Jersey on 1/9/2024.] (Entered: 02/07/2023)
1/31/2023SUMMONS ISSUED as to TEVA PHARMACEUTICALS USA, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm) [Transferred from New Jersey on 1/9/2024.] (Entered: 01/31/2023)
1/31/2023AO120 Trademark Form filed. (Attachments: # 1 Complaint and Exhibits) (sm) [Transferred from New Jersey on 1/9/2024.] (Entered: 01/31/2023)
1/29/2023Corporate Disclosure Statement by VANDA PHARMACEUTICALS INC.. (QUINN, JUSTIN) [Transferred from New Jersey on 1/9/2024.] (Entered: 01/29/2023)
1/29/2023COMPLAINT against TEVA PHARMACEUTICALS USA, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-13991164) with JURY DEMAND, filed by VANDA PHARMACEUTICALS INC.. (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 Civil Cover Sheet, # 10 Certification L. Civ. R. 11.2)(QUINN, JUSTIN) [Transferred from New Jersey on 1/9/2024.] (Entered: 01/29/2023)