Avadel CNS Pharmaceuticals, LLC et al v. Jazz Pharmaceuticals, Inc. et al
Case Summary
On April 14, 2022, Avadel CNS Pharmaceuticals, LLC and Avadel Pharmaceuticals PLC (collectively, “Avadel” or “Plaintiffs”), represented by Alexandra M. Joyce and Daniel M. Silver of McCarter & English, LLP, filed an intellectual property lawsuit against Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, “Jazz” or “Defendants”), seeking leave to file complaint, for Defendant’s alleged misappropriation of trade secrets, breach of contract and correction of inventorship of certain patents for which Jazz claims ownership. This case was filed in U.S. District Court in the District of Delaware.
Plaintiffs have moved for an order pursuant to Federal Rule of Civil Procedure 5.2 and D. Del. LR 5.1(a), granting leave to file Avadel’s complaint and accompanying exhibits under seal. Avadel states that it respectfully seeks to file its complaint and exhibits under seal to protect its confidential business information, including its trade secrets and information relating to certain confidential business discussions between the parties.
In their complaint, Plaintiffs have alleged, “Avadel asserts claims against Defendants Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, “Jazz”) for misappropriation of trade secrets, breach of contract, and correction of inventorship of certain patents for which Jazz claims ownership.”
Plaintiffs also alleged, “This action relates to already-pending cases in this District, 1 and the claims arise out of Jazz’s continuing efforts to keep Avadel’s revolutionary once -nightly formulation of sodium oxybate (‘FT218’) for the treatment of excessive daytime sleepiness (‘EDS’) and cataplexy in adults with narcolepsy off the market. In support of Avadel’s claims, the Complaint discloses details of confidential discussions between Avadel and Jazz, which were conducted under the provisions of confidentiality agreements, which are also referred to in the Complaint as confidential disclosure agreements or ‘CDAs’.”
Plaintiffs further alleged, “In addition, the Complaint and exhibits contain confidential information belonging to Jazz, including references to Jazz’s confidential business documents concerning research and development of Jazz’s sodium oxybate products, and such documents were produced pursuant to a Protective Order entered in the Related Litigation. See 21-691-MN, D.I. Nos. 42, 74, 96.”
Plaintiffs have listed three claims for relief which are for the misappropriation of trade secrets, breach of contract and correction of inventorship of certain patents for which Jazz claims ownership.
In their prayer for relief, Plaintiffs have requested that the Court grant their motion for leave to file their complaint and accompanying exhibits under seal. Plaintiffs state that the information and documents in question refer to discussions between the parties pursuant to the CDAs and the CDAs contain confidentiality provisions that provide that such discussions are confidential and should be treated as such. Plaintiffs also claim that the Complaint and exhibits contain highly-sensitive business information, and refer to documents produced under a protective order, which if disclosed, would harm the parties’ competitive standing in the market.
This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.
Case Details
-
Case Number:
1:22-CV-00487
-
Filing Date:
04/14/2022
-
Case Status:
Pending - Other Pending
-
Case Type:
Intellectual Property - Patent
-
Court:
-
Courthouse:
Judge Details
Presiding Judge
Gregory B. Williams
Party Details
Plaintiffs
Avadel CNS Pharmaceuticals, LLC
Avadel Pharmaceuticals PLC
Defendants
Jazz Pharmaceuticals, Inc.
Jazz Pharmaceuticals Ireland Limited
Attorney/Law Firm Details
Plaintiff Attorneys
Daniel M. Silver
Alexandra M. Joyce
Audra Sawyer
Katherine E. McNutt
Kira A. Davis
Daralyn J. Durie
Alan Devlin
Alex M. Grabowski
Andrew T. Jones
Franco Benyamin
Herman H. Yue
Kenneth G. Schuler
Marc N. Zubick
Rebecca E. Weires
Rose S. Lee
Sarah Propst
Defendant Attorneys
Jeremy A. Tigan
Andrew S. Chalson
Eric C. Stops
Court Documents
(#47) STIPULATION and [Proposed] Order Regarding Case Scheduling Order by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra) (Entered: 04/19/2023)
(#46) MOTION for Pro Hac Vice Appearance of Attorney Geoffrey A. Kirsner - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) (Entered: 01/26/2023)
(#45) NOTICE requesting Clerk to remove Yi Ning as co-counsel.. (Joyce, Alexandra) (Entered: 01/24/2023)
(#44) Letter to The Honorable Gregory B. Williams from Alexandra M. Joyce regarding Proposed Scheduling Order - re #43 Proposed Order. (Joyce, Alexandra) (Entered: 01/05/2023)
(#44) Letter to The Honorable Gregory B. Williams from Alexandra M. Joyce regarding Proposed Scheduling Order - re #43 Proposed Order. (Joyce, Alexandra) (Entered: 01/05/2023)
No Description Available
No Description Available
No Description Available
No Description Available
No Description Available
No Description Available
No Description Available
DOCUMENT UNAVAILABLE
No Description Available
No Description Available
No Description Available
DOCUMENT UNAVAILABLE
Docket Entries
- 04/20/2023
- View Court Documents
-
DocketSO ORDERED, re #47 STIPULATION and [Proposed] Order Regarding Case Scheduling Order filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. Signed by Judge Gregory B. Williams on 4/20/23. (ntl) (Entered: 04/20/2023)
[-] Read Less
- 04/19/2023
- View Court Documents
-
Docket(#47) STIPULATION and [Proposed] Order Regarding Case Scheduling Order by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (Joyce, Alexandra) (Entered: 04/19/2023)
[-] Read Less
- 03/21/2023
-
DocketPro Hac Vice Attorney Herman H. Yue for Avadel CNS Pharmaceuticals, LLC,and Avadel Pharmaceuticals PLC 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. (apk) (Entered: 03/21/2023)
[-] Read Less
- 02/02/2023
-
DocketMinute Entry for proceedings held before Judge Gregory B. Williams - Oral Argument held on 2/2/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 02/02/2023)
[-] Read Less
- 01/27/2023
- View Court Documents
-
DocketSO ORDERED, re #46 MOTION for Pro Hac Vice Appearance of Attorney Geoffrey A. Kirsner filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. Signed by Judge Gregory B. Williams on 1/27/23. (ntl) (Entered: 01/27/2023)
[-] Read Less
- 01/26/2023
- View Court Documents
-
Docket(#46) MOTION for Pro Hac Vice Appearance of Attorney Geoffrey A. Kirsner - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) (Entered: 01/26/2023)
[-] Read Less
- 01/24/2023
- View Court Documents
-
Docket(#45) NOTICE requesting Clerk to remove Yi Ning as co-counsel.. (Joyce, Alexandra) (Entered: 01/24/2023)
[-] Read Less
- 01/20/2023
-
DocketPro Hac Vice Attorney Alex M. Grabowski for Avadel CNS Pharmaceuticals, LLC, and Avadel Pharmaceuticals PLC 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. Associated Cases: 1:22-cv-00487-GBW, 1:21-cv-01138-GBW(mpb) (Entered: 01/20/2023)
[-] Read Less
- 01/20/2023
-
DocketPro Hac Vice Attorney Kenneth G. Schuler for Avadel CNS Pharmaceuticals, LLC and Avadel Pharmaceuticals PLC 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: 01/20/2023)
[-] Read Less
- 01/05/2023
- View Court Documents
-
Docket(#44) Letter to The Honorable Gregory B. Williams from Alexandra M. Joyce regarding Proposed Scheduling Order - re #43 Proposed Order. (Joyce, Alexandra) (Entered: 01/05/2023)
[-] Read Less
- 04/20/2022
-
DocketCase Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 04/20/2022)
[-] Read Less
- 04/18/2022
- View Court Documents
-
Docket(#7) ORDER granting #1 Motion for Leave to File Complaint and Exhibits Under Seal. Plaintiffs shall file a public version of the Complaint and exhibits within 7 days of the docketing of the sealed Complaint and exhibits. Signed by Judge Maryellen Noreika on 4/18/2022. (srs) (Entered: 04/18/2022)
[-] Read Less
- 04/14/2022
-
DocketRemark: Exit Digital Copies to Judge Noreika. (srs) (Entered: 04/14/2022)
[-] Read Less
- 04/14/2022
-
DocketNo Summons Issued. (srs) (Entered: 04/14/2022)
[-] Read Less
- 04/14/2022
- View Court Documents
-
Docket(#6) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Avadel Pharmaceuticals PLC and Corporate Parent Avadel US Holdings, Inc. for Avadel CNS Pharmaceuticals, LLC. Avadel Pharmaceuticlas PLC is a publicly traded company with no parent corporation and no publicly traded company owning more than 10% of its stock. Filed by Avadel CNS Pharmaceuticals, LLC, Avadel Pharmaceuticals PLC. (srs) (Entered: 04/14/2022)
[-] Read Less
- 04/14/2022
- View Court Documents
-
Docket(#5) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,147,782. (srs) (Entered: 04/14/2022)
[-] Read Less
- 04/14/2022
- View Court Documents
-
Docket(#4) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,758,488 ;10,813,885 ;10,959,956 ;10,966,931 ;11,077,079. (srs) (Entered: 04/14/2022)
[-] Read Less
- 04/14/2022
- View Court Documents
-
Docket(#3) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) (Entered: 04/14/2022)
[-] Read Less
- 04/14/2022
- View Court Documents
-
Docket(#2) [SEALED] COMPLAINT filed against Jazz Pharmaceuticals Ireland Limited and Jazz Pharmaceuticals, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3851752.) - filed by Avadel Pharmaceuticals PLC and Avadel CNS Pharmaceuticals, LLC. (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 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Civil Cover Sheet)(srs) (Entered: 04/14/2022)
[-] Read Less
- 04/14/2022
- View Court Documents
-
Docket(#1) MOTION for Leave to File Complaint Under Seal - filed by Avadel CNS Pharmaceuticals, LLC, and Avadel Pharmaceuticals PLC. (Attachments: #1 Text of Proposed Order)(srs) (Entered: 04/14/2022)
[-] Read Less
Dig Deeper
Get Deeper Insights on Court Cases