1:22-CV-00165
02/04/2022
Pending - Other Pending
Intellectual Property - Patent
Richard G. Andrews
Bayer Pharma AG
Bayer AG
Janssen Pharmaceuticals, Inc.
Micro Labs Ltd.
Micro Labs USA Inc.
Jack B. Blumenfeld
Attorney at Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, P.O. Box 1347
Wilmington, DE 19899
Derek James Fahnestock
Attorney at Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, P.O. Box 1347
Wilmington, DE 19899
Rodger Dallery Smith, II
Attorney at Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, P.O. Box 1347
Wilmington, DE 19899
Kenneth Laurence Dorsney
Attorney at Morris James LLP
500 Delaware Avenue, Suite 1500
Wilmington, DE 19899-2306
(#1) COMPLAINT for PATENT INFRINGEMENT filed against Micro Labs Ltd., Micro Labs USA Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3796508.) - filed by Bayer Pharma AG, Janssen Pharmaceuticals, Inc., Bayer AG. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(nmg) (Entered: 02/07/2022)
Exhibit A
Civil Cover Sheet
(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 02/07/2022)
(#3) Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: on or about 12/30/2021. Date of Expiration of Patent: See attached. (nmg) (Entered: 02/07/2022)
(#4) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,828,310 B2. (nmg) (Entered: 02/07/2022)
(#5) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bayer AG for Bayer Pharma AG filed by Bayer AG, Bayer Pharma AG. (nmg) (Entered: 02/07/2022)
(#6) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Johnson & Johnson for Janssen Pharmaceuticals, Inc. filed by Janssen Pharmaceuticals, Inc. (nmg) (Entered: 02/07/2022)
(#7) Summons Issued with Magistrate Consent Notice attached as to Micro Labs Ltd. on 2/7/2022; Micro Labs USA Inc. on 2/7/2022. (nmg) (Entered: 02/07/2022)
(#8) SUMMONS Returned Executed by Bayer Pharma AG, Janssen Pharmaceuticals, Inc., Bayer AG. Micro Labs Ltd. served on 2/14/2022, answer due 3/7/2022. (Fahnestock, Derek) (Entered: 02/15/2022)
(#9) SUMMONS Returned Executed by Bayer Pharma AG, Janssen Pharmaceuticals, Inc., Bayer AG. Micro Labs USA Inc. served on 2/14/2022, answer due 3/7/2022. (Fahnestock, Derek) (Entered: 02/15/2022)
(#10) ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by Micro Labs USA Inc., Micro Labs Ltd..(Dorsney, Kenneth) (Entered: 03/08/2022)
(#11) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Micro Labs Ltd. for Micro Labs USA, Inc. filed by Micro Labs Limited, Micro Labs USA, Inc.. (Dorsney, Kenneth) (Entered: 03/08/2022)
Main Document
Letter to The Honorable Richard G. Andrews
(#13) SCHEDULING ORDER: Civil Action No. 22-165-RGA is consolidated for all purposes, including trial, with Civil Action 21-314-RGA, and all papers shall be filed in Civil Action No. 21-314-RGA. Joinder of Parties due by 8/5/2022. Amended Pleadings due by 7/1/2022. Fact Discovery completed by 10/28/2022. Joint Claim Construction Brief due by 8/5/2022. A Markman Hearing is set for 8/23/2022, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 5/19/2023, at 8:30 AM in Courtroom 6A. A 2 day Bench Trial is set to start 5/30/2023, at 8:30 AM in Courtroom 6A. Signed by Judge Richard G. Andrews on 3/22/2022. Associated Cases: 1:21-md-03017-RGA, 1:22-cv-00165-RGA(nms) (Entered: 03/22/2022)
Docket(#13) SCHEDULING ORDER: Civil Action No. 22-165-RGA is consolidated for all purposes, including trial, with Civil Action 21-314-RGA, and all papers shall be filed in Civil Action No. 21-314-RGA. Joinder of Parties due by 8/5/2022. Amended Pleadings due by 7/1/2022. Fact Discovery completed by 10/28/2022. Joint Claim Construction Brief due by 8/5/2022. A Markman Hearing is set for 8/23/2022, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 5/19/2023, at 8:30 AM in Courtroom 6A. A 2 day Bench Trial is set to start 5/30/2023, at 8:30 AM in Courtroom 6A. Signed by Judge Richard G. Andrews on 3/22/2022. Associated Cases: 1:21-md-03017-RGA, 1:22-cv-00165-RGA(nms) (Entered: 03/22/2022)
Docket(#12) PROPOSED Scheduling Order, by Bayer AG, Bayer Pharma AG, Janssen Pharmaceuticals, Inc.. (Attachments: #1 Letter)(Fahnestock, Derek) Modified on 3/21/2022 (nms). (Entered: 03/21/2022)
Docket(#11) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Micro Labs Ltd. for Micro Labs USA, Inc. filed by Micro Labs Limited, Micro Labs USA, Inc.. (Dorsney, Kenneth) (Entered: 03/08/2022)
Docket(#10) ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by Micro Labs USA Inc., Micro Labs Ltd..(Dorsney, Kenneth) (Entered: 03/08/2022)
DocketCORRECTING ENTRY: The Answer filed on 3/7/2022, at D.I. 10 and the Disclosure Statement filed that same day at D.I. 11 have been removed from the docket. This case relates to a pending MDL and therefore all pleading need inclusion of the MDL matter in the caption. Defendant is to refile (both in this case and the MDL) the answer and disclosure statement correcting this deficiency. (nms) (Entered: 03/08/2022)
Docket(#9) SUMMONS Returned Executed by Bayer Pharma AG, Janssen Pharmaceuticals, Inc., Bayer AG. Micro Labs USA Inc. served on 2/14/2022, answer due 3/7/2022. (Fahnestock, Derek) (Entered: 02/15/2022)
Docket(#8) SUMMONS Returned Executed by Bayer Pharma AG, Janssen Pharmaceuticals, Inc., Bayer AG. Micro Labs Ltd. served on 2/14/2022, answer due 3/7/2022. (Fahnestock, Derek) (Entered: 02/15/2022)
DocketSummons Reissued with Magistrate Consent Notice attached as to Micro Labs Ltd. and Micro Labs USA Inc. (nmg) (Entered: 02/14/2022)
DocketCase Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) (Entered: 02/09/2022)
Docket(#7) Summons Issued with Magistrate Consent Notice attached as to Micro Labs Ltd. on 2/7/2022; Micro Labs USA Inc. on 2/7/2022. (nmg) (Entered: 02/07/2022)
Docket(#6) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Johnson & Johnson for Janssen Pharmaceuticals, Inc. filed by Janssen Pharmaceuticals, Inc. (nmg) (Entered: 02/07/2022)
Docket(#5) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bayer AG for Bayer Pharma AG filed by Bayer AG, Bayer Pharma AG. (nmg) (Entered: 02/07/2022)
Docket(#4) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,828,310 B2. (nmg) (Entered: 02/07/2022)
Docket(#3) Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: on or about 12/30/2021. Date of Expiration of Patent: See attached. (nmg) (Entered: 02/07/2022)
Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 02/07/2022)
Docket(#1) COMPLAINT for PATENT INFRINGEMENT filed against Micro Labs Ltd., Micro Labs USA Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3796508.) - filed by Bayer Pharma AG, Janssen Pharmaceuticals, Inc., Bayer AG. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(nmg) (Entered: 02/07/2022)
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