Genentech, Inc. v. Sandoz Inc.

22-1595 | U.S. Court of Appeals, Federal Circuit

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Filed April 5, 2022
Terminated Dec. 22, 2022
Judges NEWMAN, LOURIE, PROST, and DYK
Nature of Suit 835 Patent - Abbreviated New Drug Application (ANDA)
Original Case 1:19-cv-00078
Last Updated: 2 years, 2 months ago Show Interactive Timeline
Filing Date # Docket Text
12/22/2022
  • Motion for Judgment
JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [892361] [MVH] [Entered: 12/22/2022 09:46 AM]
12/22/2022OPINION filed for the court by Newman, Circuit Judge; Lourie, Circuit Judge and Prost, Circuit Judge. Newman, Circuit Judge, dissents without opinion. Precedential Opinion. Service as of this date by the Clerk of Court. [892359] [MVH] [Entered: 12/22/2022 09:44 AM]
12/2/2022Amended Entry of appearance for Mark E. Waddell; Ryan Hagglund; Warren K. MacRae; Kathleen Gersh; Dan Liu as counsel for Appellants Genentech, Inc. and InterMune, Inc.. Service: 12/02/2022 by email. [887981] [22-1595] [Mark Waddell] [Entered: 12/02/2022 03:29 PM]
12/1/2022
  • Motion to Withdraw as CounselGranted
ORDER filed granting motion to withdraw attorneys; motion for leave for Mark E. Waddell; Ryan Hagglund; Warren K. MacRae; Kathleen Gersh; Dan Liu to appear [45]. Amended Entry of Appearance due 12/6/22. Please see the order for full details. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [887641] [MVH] [Entered: 12/01/2022 04:33 PM]
11/30/2022Entry of appearance for Mark E. Waddell; Ryan Hagglund; Warren K. MacRae; Kathleen Gersh; Dan Liu as counsel for Appellants Genentech, Inc. and InterMune, Inc.. Service: 11/30/2022 by email. [887357] [22-1595]. This document is non-compliant. See Doc. No. [47]. --[Edited 12/01/2022 by MVH] [Mark Waddell] [Entered: 11/30/2022 04:59 PM]
11/30/2022
  • Motion to Withdraw as Counsel
MODIFIED ENTRY: MOTION of Appellants Genentech, Inc. and InterMune, Inc. to withdraw counsel Daralyn J. Durie; Kira A. Davis; and Vera Ranieri, for leave to file entry of appearance for Mark E. Waddell; Ryan Hagglund; Warren K. MacRae; Kathleen Gersh; Dan Liu. Service: 11/30/2022 by email. [887353]--[Edited 12/01/2022 by MVH - Reason: to add relief] [Daralyn Durie] [Entered: 11/30/2022 04:47 PM]
10/4/202244Submitted after ORAL ARGUMENT to Panel: Newman, Circuit Judge; Lourie, Circuit Judge and Prost, Circuit Judge.
Arguing counsel: Daralyn Jeannine Durie for Genentech, Inc. and InterMune, Inc. and William M. Jay for Sandoz Inc. and Lek Pharmaceuticals, d.d.
Oral Argument Audio available here. [875614] [MJL] [Entered: 10/04/2022 10:24 AM]
10/3/2022
  • Responseby Δ
RESPONSE of Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc. to Doc No. [42]. Service: 10/03/2022 by email. [875235] [22-1595] [William Jay] [Entered: 10/03/2022 09:08 AM]
9/30/2022Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellants Genentech, Inc. and InterMune, Inc.. Service: 09/30/2022 by email. [875199] [22-1595] [Daralyn Durie] [Entered: 09/30/2022 05:36 PM]
9/6/2022
  • Responseby Δ
Response to notice of oral argument from Appellees Sandoz Inc. and Lek Pharmaceuticals, d.d.. Service: 09/06/2022 by email. [870079] [22-1595] [William Jay] [Entered: 09/06/2022 03:16 PM]
9/6/2022
  • Response
Response to notice of oral argument from Appellants Genentech, Inc. and InterMune, Inc.. Service: 09/06/2022 by email. [870041] [22-1595] [Daralyn Durie] [Entered: 09/06/2022 01:45 PM]
8/22/2022NOTICE OF ORAL ARGUMENT. Panel: 2210E. Case scheduled October 4, 2022. Response to Notice of Oral Argument due: 09/06/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [867642] [MVH] [Entered: 08/22/2022 03:10 PM]
7/21/202238The following conflict dates submitted by William M. Jay for Sandoz Inc. and Lek Pharmaceuticals, d.d. have been accepted by the court: 10/05/2022, 10/06/2022, 03/10/2023. [862367] [MJL] [Entered: 07/21/2022 04:25 PM]
7/21/202237The following conflict dates submitted by Daralyn Jeannine Durie for Genentech, Inc. and InterMune, Inc. have been accepted by the court: 02/06/2023, 02/07/2023, 02/08/2023, 02/09/2023, 02/10/2023. [862366] [MJL] [Entered: 07/21/2022 04:24 PM]
7/20/2022Notice from Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc. regarding conflicts with oral argument. Service: 07/20/2022 by email. [862139] [22-1595] [William Jay] [Entered: 07/20/2022 04:15 PM]
7/19/2022Notice from Appellants Genentech, Inc. and InterMune, Inc. regarding conflicts with oral argument. Service: 07/19/2022 by email. [861824] [22-1595] [Daralyn Durie] [Entered: 07/19/2022 02:18 PM]
7/18/2022336 paper copies of Doc. No. [29], [25], [21] received from Appellants Genentech, Inc. and InterMune, Inc.. [861732] [VDW] [Entered: 07/19/2022 10:13 AM]
7/15/2022346 paper copies of Doc. No. [23] received from Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc.. [861735] [VDW] [Entered: 07/19/2022 10:16 AM]
7/13/2022Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [860794] [JCW] [Entered: 07/13/2022 01:17 PM]
7/13/202231Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [860793] [JCW] [Entered: 07/13/2022 01:16 PM]
7/12/2022MODIFIED ENTRY: APPENDIX FILED by Appellants Genentech, Inc. and InterMune, Inc.. Service: 07/12/2022 by email. [860595] --[Edited 07/13/2022 by JCW -compliance review complete] [Daralyn Durie] [Entered: 07/12/2022 04:39 PM]
7/12/202229MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellants Genentech, Inc. and InterMune, Inc.. Service: 07/12/2022 by email. [860594]--[Edited 07/13/2022 by JCW - compliance review complete] [Daralyn Durie] [Entered: 07/12/2022 04:36 PM]
7/12/2022Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) by Plaintiffs-Appellants Genentech, Inc. and Intermune, Inc. for Appellants Genentech, Inc. and InterMune, Inc.. Service: 07/12/2022 by email. [860524] [22-1595] [Daralyn Durie] [Entered: 07/12/2022 02:22 PM]
7/12/2022Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Genentech, Inc., InterMune, Inc. and Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc.. Service: 07/12/2022 by email. [860501] [22-1595] [Daralyn Durie] [Entered: 07/12/2022 01:25 PM]
7/12/2022Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc.. Service: 07/12/2022 by email. [860446] [22-1595] [William Jay] [Entered: 07/12/2022 10:47 AM]
7/5/2022
  • Reply
MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Genentech, Inc. and InterMune, Inc.. Service: 07/05/2022 by email. [859154] --[Edited 07/06/2022 by JCW - compliance review complete] [Daralyn Durie] [Entered: 07/05/2022 05:34 PM]
6/16/2022
  • Order
  • Motion for Voluntary DismissalGranted
ORDER granting parties' joint motion to voluntarily dismiss Appeal No. 2022-1714 [22]. Appeal No. 2022-1714 is dismissed. The revised official caption for the remaining appeal, Appeal No. 2022-1595, is reflected above. Each side shall bear its own costs in Appeal No. 2022-1714. The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal No. 2022-1595. Genentech, Inc. and InterMune, Inc.'s reply brief in Appeal No. 2022-1595 is due no later than July 5, 2022.; issuing mandate as to 2022-1714 only. Service as of this date by the Clerk of Court. [855969] [22-1595, 22-1714] [LMS] [Entered: 06/16/2022 12:27 PM]
6/14/2022
  • Responseby Δ
MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc.. Service: 06/14/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [855607] --[Edited 06/16/2022 by JCW - compliance review complete] [William Jay] [Entered: 06/14/2022 06:04 PM]
6/14/2022
  • Motionby Δ
MOTION of Cross-Appellants Sandoz Inc. and Lek Pharmaceuticals, d.d. to voluntarily dismiss appeal pursuant to FRAP 42(b). Service: 06/14/2022 by email. [855418] [22-1595] [William Jay] [Entered: 06/14/2022 10:16 AM]
5/10/2022MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Genentech, Inc. and InterMune, Inc. Service: 05/10/2022 by email. [848888] --[Edited 05/10/2022 by JCW - compliance review complete] [Daralyn Durie] [Entered: 05/10/2022 02:48 PM]
5/9/2022Amended Docketing Statement for the Appellants Genentech, Inc. and InterMune, Inc.. Service: 05/09/2022 by email. [848664] [22-1595] [Kira Davis] [Entered: 05/09/2022 06:50 PM]
5/9/2022
  • Order
ORDER filed denying the motion [10] filed by Genentech, Inc. and InterMune, Inc. (Per Curiam). Service as of this date by the Clerk of Court. [848393] [LMS] [Entered: 05/09/2022 09:34 AM]
4/28/202218Confidential Reply Declaration of Vera Ranieri in Support of Emergency Motion for Injunction Pending Appeal and for Temporary Injunction During the Pendency of this Motion filed by Appellants Genentech, Inc. and InterMune, Inc. corresponding to Doc. No. [17]. Service: 04/28/2022 by email. [846164] [22-1595] [Daralyn Durie] [Entered: 04/28/2022 07:25 PM]
4/28/2022
  • Reply
REPLY of Appellants Genentech, Inc. and InterMune, Inc. to response [15]. Service: 04/28/2022 by email. [846160] [22-1595] [Daralyn Durie] [Entered: 04/28/2022 07:13 PM]
4/26/202216
  • Motion for Injunction Pending Appealby Δ
Confidential Cross-Appellants' Opposition to Motion for an Injunction Pending Appeal and for Temporary Injunction filed by Cross-Appellants Lek Pharmaceuticals, d.d. and Sandoz Inc. corresponding to Doc. No. [11], corresponding to Doc. No. [10]. Service: 04/26/2022 by email. [845596] [22-1595] [Emily Rapalino] [Entered: 04/26/2022 07:31 PM]
4/26/2022
  • Responseby Δ
RESPONSE of Cross-Appellants Lek Pharmaceuticals, d.d. and Sandoz Inc. to Doc No. [10]. Service: 04/26/2022 by email. [845594] [22-1595] [Emily Rapalino] [Entered: 04/26/2022 06:56 PM]
4/25/202214Note to File: The following cases are consolidated: 22-1595 Lead with 22-1714 Cross-Appeal. The parties must file all documents in the lead appeal only. [845094] [22-1595, 22-1714] [JCW] [Entered: 04/25/2022 09:03 AM]
4/25/2022
  • Motion to Consolidate Appeals
ORDER consolidating appeals (22-1595, 22-1714). The briefing schedule set forth in the courts order of April 14, 2022 (22-1595, ecf 7) continues to apply. Service as of this date by the Clerk of Court. [845093] [22-1595, 22-1714] [JCW] [Entered: 04/25/2022 09:02 AM]
4/21/2022
  • Order
ORDER filed directing the appellees to respond to the motion no later than April 27, 2022. Any reply is due no later than April 29, 2022. (Per Curiam). Service as of this date by the Clerk of Court. [844625] [LMS] [Entered: 04/21/2022 02:26 PM]
4/19/202211
  • Motion for Injunction Pending Appeal
Confidential EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL AND FOR A TEMPORARY INJUNCTION DURING THE PENDENCY OF THIS MOTION filed by Appellants Genentech, Inc. and InterMune, Inc. corresponding to Doc. No. [10]. Service: 04/19/2022 by email. [844203] [22-1595] [Daralyn Durie] [Entered: 04/19/2022 09:28 PM]
4/19/2022
  • Motion for Injunction
MOTION of Appellants Genentech, Inc. and InterMune, Inc. for temporary injunction. Service: 04/19/2022 by email. [844201] [22-1595] [Daralyn Durie] [Entered: 04/19/2022 09:00 PM]
4/15/2022Docketing Statement for the Appellee Sandoz Inc.. Service: 04/15/2022 by email. [843654] [22-1595] [William Jay] [Entered: 04/15/2022 06:09 PM]
4/15/2022Docketing Statement for the Appellants Genentech, Inc. and InterMune, Inc.. Service: 04/15/2022 by email. [843541] [22-1595] [Daralyn Durie] [Entered: 04/15/2022 12:36 PM]
4/14/2022
  • Motion to ExpediteGranted
ORDER filed granting motion to expedite this appeal [6] filed by Appellants Genentech, Inc. and InterMune, Inc.; Appellants' opening brief is due no later than May 10, 2022. The case will be placed on the next available argument calendar after the date of service of the joint appendix. (see order for details) Service as of this date by the Clerk of Court. [843247] [LMS] [Entered: 04/14/2022 03:28 PM]
4/8/2022
  • Motion to Expedite
MOTION of Appellants Genentech, Inc. and InterMune, Inc. to expedite briefing schedule, to schedule oral argument. Service: 04/08/2022 by email. [841934] [22-1595] [Kira Davis] [Entered: 04/08/2022 11:36 AM]
4/7/2022Certificate of Interest for Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc.. Service: 04/07/2022 by email. [841833] [22-1595] [William Jay] [Entered: 04/07/2022 08:17 PM]
4/7/2022Entry of appearance for William M. Jay; Emily L. Rapalino; Darryl L. Wiesen; Natasha E. Daughtrey; Edwina Clarke as counsel for Appellees Lek Pharmaceuticals, d.d. and Sandoz Inc.. Service: 04/07/2022 by email. [841830] [22-1595] [William Jay] [Entered: 04/07/2022 08:13 PM]
4/7/2022Certificate of Interest for Appellants Genentech, Inc. and InterMune, Inc.. Service: 04/07/2022 by email. [841826] [22-1595] [Kira Davis] [Entered: 04/07/2022 06:44 PM]
4/7/2022Entry of appearance for Daralyn J. Durie; Kira A. Davis; Vera Ranieri as counsel for Appellants Genentech, Inc. and InterMune, Inc.. Service: 04/07/2022 by email. [841825] [22-1595] [Daralyn Durie] [Entered: 04/07/2022 06:41 PM]
4/5/2022Appeal docketed. Received: 04/01/2022. [840979]
Entry of Appearance is due on 04/19/2022. Certificate of Interest is due on 04/19/2022. Docketing Statement is due on 04/19/2022. Appellants' brief is due on 06/06/2022. [JCW] [Entered: 04/05/2022 09:24 AM]