Upsher-Smith Laboratories, LLC v. AMTA Labs Limited

1:24-cv-00058 | Delaware District Court

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Division Wilmington
Judge Judge Gregory B. Williams
Filed Jan. 17, 2024
Terminated July 26, 2024
Case Flags CLOSED and PATENT
Nature of Suit 835 Patent - Abbreviated New Drug Application (ANDA)
Cause 35:1 Patent Infringement
Jury Demand None
Related Case 1:23-cv-00199
Last Updated: 6 months ago Show Interactive Timeline
Upcoming Events
14 Months
  • 6/5/2026
Date of Expiration of Patent: 3/19/2033.Thirty Month Stay Deadline: 6/5/2026.
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Filing Date # Docket Text
8/5/2024CORRECTING ENTRY: re: D.I. 21 removed after as an Amended Patent report was filed at D.I. 22 . A corrected Final Report was reissued. (lnb) (Entered: 08/05/2024)
8/5/2024Report to the Commissioner of Patents and Trademarks.(lnb) (Entered: 08/05/2024)
8/2/2024Amended Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,363,224 . (Ralli, Andrew) Modified on 8/5/2024 (lnb). (Entered: 08/02/2024)
7/26/2024
  • Motion to Dismiss (Demurrer)
ORDER re 19 Stipulation of Dismissal filed by Upsher-Smith Laboratories, LLC ***Civil Case Terminated. Signed by Judge Gregory B. Williams on 7/26/2024. (lnb) (Entered: 07/26/2024)
7/25/2024
  • Motion to Dismiss (Demurrer)by Π
STIPULATION of Dismissal and Order of Dismissal by Upsher-Smith Laboratories, LLC. (Ralli, Andrew) (Entered: 07/25/2024)
6/27/2024
  • Motion to Stay
SO ORDERED, re 18 Second Joint Stipulation and Order to Extend Stay of All Deadlines Pending Settlement filed by Upsher-Smith Laboratories, LLC. Signed by Judge Gregory B. Williams on 6/27/24. (jaa) (Entered: 06/27/2024)
6/26/2024
  • Motion to Stayby Π
Second STIPULATION Joint Stipulation to Stay All Deadlines Pending Settlement and Proposed Order by Upsher-Smith Laboratories, LLC. (Ralli, Andrew) (Entered: 06/26/2024)
5/24/2024
  • Motion to Stay
SO ORDERED, re 17 Stipulation to stay all case deadlines filed by Upsher-Smith Laboratories, LLC. Signed by Judge Gregory B. Williams on 5/24/2024. (lnb) (Entered: 05/24/2024)
5/23/2024
  • Motion to Stayby Π
Joint STIPULATION to Extend Stay of All Deadlines Pending Settlement and [Proposed] Order by Upsher-Smith Laboratories, LLC. (Ralli, Andrew) (Entered: 05/23/2024)
4/26/2024
  • Motion to Stay
SO ORDERED, re 16 Joint Stipulation to Stay All Deadlines Pending Settlement filed by Upsher-Smith Laboratories, LLC-- Case STAYED. Signed by Judge Gregory B. Williams on 4/25/2024. (Brown, Lisa) (Entered: 04/26/2024)
4/23/2024
  • Motion to Stayby Π
STIPULATION Joint Stipulation to Stay All Deadlines Pending Settlement and Proposed Order by Upsher-Smith Laboratories, LLC. (Ralli, Andrew) (Entered: 04/23/2024)
4/1/2024
  • Answerby Π
ANSWER to 13 Answer to Complaint, Counterclaim , COUNTERCLAIM against AMTA Labs Limited by Upsher-Smith Laboratories, LLC. (Attachments: # 1 Certificate of Service)(Ralli, Andrew) (Entered: 04/01/2024)
3/12/2024Pro Hac Vice Attorney Jiazhong Luo for AMTA Labs Limited 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. (oam) (Entered: 03/12/2024)
3/12/2024Pro Hac Vice Attorney Frederick R. Ball for AMTA Labs Limited 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. (oam) (Entered: 03/12/2024)
3/11/2024 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by AMTA Labs Limited. (Wrobel, Mackenzie) (Entered: 03/11/2024)
3/11/2024
  • Answerby Δ
ANSWER to 1 Complaint , Affirmative Defenses, COUNTERCLAIM against Upsher-Smith Laboratories, LLC by AMTA Labs Limited.(Wrobel, Mackenzie) (Entered: 03/11/2024)
3/11/2024
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 11 MOTION for Pro Hac Vice Appearance of Attorney Jiazhong Luo, Ph.D. filed by AMTA Labs Limited, 10 MOTION for Pro Hac Vice Appearance of Attorney Frederick R. Ball filed by AMTA Labs Limited. Signed by Judge Gregory B. Williams on 3/11/24. (ntl) (Entered: 03/11/2024)
3/8/202412Pro Hac Vice Fee - Credit Card Payment received for Frederick R. Ball and Jiazhong Luo, Ph.D.. ( re 11 MOTION for Pro Hac Vice Appearance of Attorney Jiazhong Luo, Ph.D., 10 MOTION for Pro Hac Vice Appearance of Attorney Frederick R. Ball )( Payment of $ 100, receipt number ADEDC-4357382).(Renck, Richard) (Entered: 03/08/2024)
3/7/2024
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Jiazhong Luo, Ph.D. - filed by AMTA Labs Limited. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Wrobel, Mackenzie) (Entered: 03/07/2024)
3/7/2024
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Frederick R. Ball - filed by AMTA Labs Limited. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Wrobel, Mackenzie) (Entered: 03/07/2024)
2/13/2024
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 8 MOTION for Pro Hac Vice Appearance of Attorney Caitlin E. Higgins filed by Upsher-Smith Laboratories, LLC. Signed by Judge Gregory B. Williams on 2/13/24. (ntl) (Entered: 02/13/2024)
2/12/20249Pro Hac Vice Fee - Credit Card Payment received for Caitlin E. Higgins. ( re 8 MOTION for Pro Hac Vice Appearance of Attorney Caitlin E. Higgins )( Payment of $ 50, receipt number ADEDC-4336165).(Ralli, Andrew) (Entered: 02/12/2024)
2/12/2024
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Caitlin E. Higgins - filed by Upsher-Smith Laboratories, LLC. (Ralli, Andrew) (Entered: 02/12/2024)
2/1/2024
  • Motion to Extend Time
SO ORDERED, re 7 STIPULATION TO EXTEND TIME to Respond to Plaintiff's Complaint to March 11, 2024 filed by AMTA Labs Limited. Signed by Judge Gregory B. Williams on 2/1/24. (ntl) (Entered: 02/01/2024)
1/30/2024
  • Motion to Extend Timeby Δ
STIPULATION TO EXTEND TIME to Respond to Plaintiff's Complaint to March 11, 2024 - filed by AMTA Labs Limited. (Wrobel, Mackenzie) (Entered: 01/30/2024)
1/24/2024Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) (Entered: 01/24/2024)
1/17/2024Summons Issued as to AMTA Labs Limited on 1/17/2024. (apk) (Entered: 01/17/2024)
1/17/2024 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Sawai America, LLC., Corporate Parent Sawai America Holdings, Inc., Corporate Parent Sumitomo Corporation of Americas for Upsher-Smith Laboratories, LLC filed by Upsher-Smith Laboratories, LLC. (apk) (Entered: 01/17/2024)
1/17/2024Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,303,224. (apk) (Entered: 01/17/2024)
1/17/2024 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 12/5/2023. Date of Expiration of Patent: 3/19/2033.Thirty Month Stay Deadline: 6/5/2026. (apk) (Entered: 01/17/2024)
1/17/2024Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 01/17/2024)
1/17/2024
  • Complaint
COMPLAINT filed against AMTA Labs Limited ( Filing fee $ 405, receipt number ADEDC-4315984.) - filed by Upsher-Smith Laboratories, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(apk) (Entered: 01/17/2024)